Commissioners sign over hospital land

DAVE MOSIER/independent editor

It’s been years in the doing — and months in finalizing — but the hospital property is now owned again by the Van Wert County Hospital Association.

The Van Wert County Board of Commissioners all signed documents making the land transfer official, while also approving a resolution abolishing the Van Wert County Hospital Commission, the organization first created by the county to oversee the hospital lease when the property was owned by the county. With the Hospital Association now the property owner, the Hospital Commission is no longer needed.

The commissioners’ resolution abolishing the Hospital Commission was critical of the fact that that organization failed to comply with the commissioners’ November 16, 2010, resolution approving the land transfer agreement and ordering the Hospital Commission to execute the lease agreement and transfer agreement. In fact, the resolution noted the organization has not even met as required the last two quarters, in January and April.

“The Commission’s failure to meet and execute the required documents as instructed has led to litigation and needless delay in consummating the approved transfer of the hospital facilities,” the resolution noted.

The Hospital Commission had also approved the transfer agreement, on October 19, 2010, but had not executed other documents needed to complete the deal.

The resolution then noted that, with the Hospital Commission no longer in existence, the commissioners would execute the transfer agreement on behalf of the county and sign over a quitclaim deed to the Hospital Association, which was done on Tuesday. The commissioners also terminated the lease agreement between the county and Hospital Association, as being no longer needed.

Despite the rhetoric of the resolution abolishing the Hospital Commission, County Commissioner Gary Adams had more positive words to say about the overall service of Hospital Commission members. With Hospital Commission Vice Chair Mark Hartman attending the meeting, Adams thanked him and fellow members for their service.

“I know it’s been kind of a roller coaster situation, but we just appreciate all that the Commission has done in the past,” he noted.

Local attorney Charles Koch, who has been co-counsel for the hospital on the land transfer agreement with Columbus attorney Stephen Rothschild, agreed with Adams’ sentiments, while also thanking the commissioners for finalizing the agreement. “We appreciate the effort on behalf of the Commission, and particularly are happy with the decision of the county commissioners today.”

Hospital officials were also quick to plunk down the dollar required to bind the transfer, basically just a “paper” purchase to facilitate financing for future hospital capital improvement projects, since most of the ownership rights to the land and building are retained by the county.

Andy Czajkowski, a longtime member of the Hospital Association who was very much involved in the hospital transfer agreement, said Tuesday that any efforts spent in getting the agreement finalized were well worth it. “It’s for the long-term financial viability of (a) locally-owned and controlled hospital, and that’s what we’ve attained here,” Czajkowski said. “So we’re pleased that it’s come to a good conclusion.”

Tuesday’s action by the commissioners will also end the need for a writ of mandamus filed by the Hospital Association to force the commissioners and the Hospital Commission to complete work on the agreement.

However, a lawsuit filed by Lima attorney William Balyeat ostensibly on behalf of the Hospital Commission still remains, even though hospital officials have already demonstrated — and local media have verified — that documents being sought in the suit are readily available at the commissioners’ office.

Instead of the Hospital Commission being a plaintiff in the legal action, though, one member of the Commission, Farrel Krall, is the only remaining plaintiff after Balyeat dismissed the Commission from the lawsuit.

The dismissal of the Hospital Commission from the suit came after Van Wert County Common Pleas Judge Charles D. Steele, who appointed Balyeat to represent the Hospital Commission at the request of County Prosecutor Charles Kennedy, emailed Kennedy to tell him he was not pleased with Balyeat’s filing of the lawsuit without authorization from the Commission given in an open meeting.