Flathead County commissioners declined to sign a memorandum of understanding with the Flathead City-County Health Board related to money the county spent to construct a portion of the third floor of the Earl Bennett Building.

Commissioners said they’ll act on the memorandum after the county attorney’s office does some research and the memorandum is modified.

Commissioners want the memorandum to include language that clearly states the county owns the building.

Commissioner Jim Dupont wondered what would happen in the event of some turmoil that led to the dissolution of the agreement between the city of Kalispell and Flathead County related to the joint health department.

“Is the city going to try to say they own half the building?” Dupont asked.

Commissioners also want the memorandum to clarify that if the county needs to use empty space in the Earl Bennett Building at some future point, the health department can’t charge the county rent.

County Administrator Mike Pence had suggested the memorandum be created, approved and signed by the two entities because as county employees and elected officials change, different recollections about agreements can surface.

When the decision was made to add a third floor to the Earl Bennett Building in 2008, the health department didn’t have enough money to build the entire floor and its intent was to construct two-thirds of a floor, Pence said.

County officials at the time decided to pay to shell in the remaining one-third and have that space available for county use. Health department officials said it was possible they would need the additional space in the future.

The cost for shelling in one-third of the floor was $342,000.

In the ensuing years, the health department has spent about $100,000 on improvements to the third floor, including building a meeting room, rest rooms and a break room. The department also paid for some electrical work, painting, heating and ventilation work.

Several county offices have been housed on the third floor of the Earl Bennett Building in the last few years as renovation has occurred in other buildings on the courthouse campus.

The health department now wants to use the entire floor, Pence said.

The health department already has paid the county $120,000 toward the “purchase” of that section of the floor.

Pence has recommended the total payback to the county be reduced to $300,000, from $342,000, to acknowledge the $100,000 worth of finish work the health department has already paid for on the third floor.

The memorandum calls for the health department to make an annual $60,000 payment to the county and pay off that section of the third floor by May 2015.

Reporter Shelley Ridenour may be reached at 758-4439 or sridenour@dailyinterlake.com.