The building housing the state Office of Education and several Human Services agencies apparently won't be sold at a sheriff's sale next month, but education officials still want out of the building - owned in part by Democratic gubernatorial candidate Kem Gardner - because it's inadequate for their needs and uncomfortable.

Thursday afternoon, a notice was taped to the front door of the two-story building, 250 E. 500 South. The notice said the building, 35 percent owned by Roger Boyer and 15 percent by Gardner, would be sold Jan. 2 in a sheriff's sale by West One Bank and Tracy Mortgage Co., who apparently are trustees in the financial arrangement.Calls to Boyer weren't returned by deadline Friday. But the sale notice was removed Thursday afternoon, and Gardner appeared on television to say the financial concerns would be taken care of and no sale is needed.

Eileen Rencher, Office of Education spokeswoman, said Friday morning that education officials aren't happy with the building and will ask the Legislature in January to provide other quarters.

The state's lease on the building runs out Dec. 31. "We're negotiating now on a monthly rate until the Legislature decides what we should do on a more permanent basis," Rencher said."We're negotiating now on a monthly rate until the Legislature decides what we should do on a more permanent basis."

- Eileen Rencher, state

Office of Education. "We've had sewage back up into our water fountains. We have continual problems with heating and air conditioning. At one time we considered trying to buy the building and take care of these things ourselves. But I don't think we'd want it now," she said.

Floors are creaky, and they shake when heavy trucks go by on 500 South, she said.

The problems with this building recall a previous problem that Boyer and Gardner had with the Human Services building, 120 N. 200 West.

Boyer and Gardner said much of the trouble several years ago came when the building was overcrowded - housing offices of both the Health and Social Services departments. Floors were overloaded with people, files and other material, the developers said. Finally, a compromise was reached, the Health Department moved into a new facility and the structure was repaired. It still houses the main offices of Human Services.