Name changes to BI Recreation Center

Despite some heated public comments Thursday, the parks district continued its purchase of the Bainbridge Athletic Club by officially changing its name to the Bainbridge Island Recreation Center.

“This is bad faith on your part – really sleazy,” Leland Parker said of the lack of information about the purchase by the BI Metro Parks & Recreation District.

He said as a public agency the district’s actions need to take place in the open. He said he has asked for but not received financial information. “Why are you hiding the numbers?” he asked, adding the district is hiding behind a non-disclosure agreement.

Parker said the district is asking taxpayers to “trust us” by in effect co-signing a $13 million plus loan. How can taxpayers trust the district when it hides facts, he asked.

Attorney Hayes Gori said it takes time to get information through a public records request, and then explained many of the steps that need to be taken. He also said there have been many requests for this information. “It takes a tremendous amount of time,” Gori said.

He added the seller sought protection from disclosure to protect her interests. “We intend to disclose them,” Gori added.

David Knight said a Seattle law firm has warned the district that the purchase could end up to be invalid because state law says it can’t purchase intangible things like membership lists, goodwill and intellectual properties, which are part of the deal. State law says it can only buy real estate and equipment.

Knight said spending $3.8 million on these items is a “clear violation” and a “gift of public funds,” according to the state Constitution.

He said if the state auditor looks at the transaction it could be “voided – it will be like it never happened.” He recommended the district consult with the auditor before the deal is completed.

“Keep us all out of trouble,” Knight said. “It could be a disaster down the road a ways.”

Parks commissioner Jay Kinney, an attorney, said he works with state laws daily and entities like the district have “pretty wide authority” and “broad power to purchase things recreational in nature.”

As for it being a “gift of public funds,” Kinney said a court would look at the purchase as a whole, “not parcel it down to every computer.”

Kinney said the purchase is not only legal, it’s wise.

“It fits our need of what most people wanted in a community center,” he said.

Gori agreed, saying the city has done its research and talked to experts in this area of law. He added case law is very strong regarding the sale of real and personal property.

Keith Israel said the tennis courts are always full, so he’s wondering how the parks district is going to be able to increase access. He said he’d rather see the $13 million spent on building courts at Sakai Park. He also mentioned contracting with the former BAC for other recreational uses.

Dawn Janow, parks commission chair, said that would not be possible because the former BAC is going to be sold to someone.

“The tennis courts were going to go away,” she said of another offer received from the owner of the former BAC.

That was one of the reasons the owner approached the parks district about a possible sale.

“That facility is being sold one way or another,” Janow said, adding nothing is stopping the community from building tennis courts elsewhere.

Loanne Harmeling said she is part of a group that is trying to get new tennis courts on the island, and they’ve raised a lot of money toward that goal. She encouraged tennis members of the former BAC to join them in that effort.

“We’ve proposed covered sheds without walls,” she said.

Harmeling said for years they have been complaining about the lack of court availability. “Now you are finding it out as well. Help us lobby parks for new courts.”

Andrew Welch asked how memberships are going to be handled, and he was told that will be finalized in the next two weeks.

“In the long term this will be a wonderful asset to Bainbridge Island and the parks system,” he said.

Newly appointed commissioner Asaph Glosser added the key point is the new BI Recreation Center will provide “access to all the public.”