Conservation district to assume West Creek Wetland lease; commissioners approve assignment

Elk County commissioners voted to assign the county's rights under the lease for the West Creek Wetland Learning Center to the Elk County Conservation District, contingent on approval by West Penn.

Kate Whaler, district manager of the Elk County Conservation District, told the board the lease was signed on 10/10/2012 and runs through 2035. She said the district has been maintaining and programming the site for many years and would like the lease in its name so it can pursue a purchase from West Penn and make improvements such as electricity and accessible restrooms. "So the lease was signed in October 2012, 10/10/2012, and it was a long term lease," Whaler said.

Commissioners asked how the county originally became party to the agreement and whether the lease can be assigned. Whaler said the county originally owned the land, which West Penn later acquired, and that capacity constraints likely kept the conservation district from taking the lease earlier. The board discussed two legal paths: assigning the county's rights to the district with West Penn's consent or terminating the county's interest so the district could enter its own lease. "They said they'd be open to working with us however we needed to make it work," Whaler said of West Penn.

The board made a motion to assign the county's rights under the lease to the conservation district, subject to West Penn's approval; the motion was read back by the clerk and approved by voice vote. The assignment is contingent on the private landowner's agreement and does not itself transfer property ownership. Whaler said the district hopes to negotiate a purchase "in the next five years or so," allowing the district greater flexibility to install utilities and restroom facilities and to expand programming.