The Land Evidence - Early On

The Land Evidence - Early On

What follows is the meeting minutes of Pend Oreille County Commissioners and their decision to sell public land property for the benefit of HiTest Sands, Inc.

Back in April, 2017 - long before the land sale by the Pend Oreille Utility District (PUD), a public land parcel was transferred to the PUD at tax appraised value. The Commissioners actions are documented in the public record, April 24-25, 2017.

From the Commissioners Meeting, April 24, 2017 Minutes (pdf document - see April 25th)

(15) The Board convened in executive session regarding the potential sale of real estate pursuant to RCW 42.30.11(1)(c) for 30 minutes from 2:25 to 2:55 p.m. Also present were D. Hunt and Planning Consultant Gregg Dohrn. T. Miller joined the meeting at 2:50 p.m K. Skoog requested an additional 30 minutes to 3:25 pm.

(18) Motion was made by M. Manus to pursue a potential agreement with the PUD on the sale of a 14-acre parcel of land south of Newport. Motion was seconded by K. Skoog. Motion carried unanimously.

(19) The Board convened in executive session regarding potential litigation pursuant to RCW 42.30.110(1)(i) from 10 minutes from 3:30 p.m. to 3:40 p.m. Also present was D. Hunt.

 Some things to clarify what happened back in April -

• An executive session is private session (no members of the public permitted). Nobody else was allowed in the room during these discussion, or allowed any input. The Commissioners and Hunt spent an hour discussing how to perform this land sale. For a single, 14 acre parcel.
   
• Section RCW 42.30.11(1)(c) states -
  
  “(c) To consider the minimum price at which real estate will be offered for sale or lease when public knowledge regarding such consideration would cause a likelihood of decreased price. However, final action selling or leasing public property shall be taken in a meeting open to the public;”
   
• There has never been any “public meeting” regarding the selling of the land sold to the PUD. The Commissioners, led by Manus, agreed to pursue the sale to the PUD without public involvement. The non-involvement continued for MONTHS.

• d) They even discussed the likelihood of future litigation arising from this activity of theirs, as RCW 42.30.110(1)(i) states - 

• (i) To discuss with legal counsel representing the agency matters relating to agency enforcement actions, or to discuss with legal counsel representing the agency litigation or potential litigation to which the agency, the governing body, or a member acting in an official capacity is, or is likely to become, a party, when public knowledge regarding the discussion is likely to result in an adverse legal or financial consequence to the agency.

So, despite the lawful requirements, they went ahead with their plans anyway (months later, having had ample opportunity to conduct a public meeting).

Is the land sale then even legal? That's highly doubtful according to Washington law. It's also clear that they knew early on exactly where HiTest Sands, Inc. was going to propose building the silicon smelter, and even this information was withheld from the public for months.

The Commissioners also knowingly questioned the legality of this land sale as the record demonstrates in April, inquiring specifically into the issue of future litigation.

Then, on 6/20/2017 - the Commissioners went on to publicly claim that the land was "land-locked" when it clearly wasn't (as justification for the sale).

The land was then sold - without public involvement or meeting, to the PUD who then, just six weeks later, turned around and sold this land in a exclusive package deal to HiTest Sands.

Most likely, both agencies are simply hoping there isn't a legal challenge to these shenanigans.

I wonder how much money has been set aside in the County budget to fight off a lawsuit over this?

As previously documented (see 6/20/2017 link above), the PUD also sold the land to HiTest Sands, Inc., without public involvement, participation or a required auction on the bundled land package, so that's twice that the people of Pend Oreille County were deliberately left out of the process. And kept in the dark.

There is clear evidence of malfeasance here by the Commissioners and PUD.

This information needs to go to the Attorney General's Office immediately. There is every appearance here that both land sales were done illegally, in violation of the public trust and their oaths of office, making the site proposed by HiTest Sands, Inc., also illegal.

HiTest needs to go back to the drawing board to find another site for their toxic smelter. The land they "bought" here does not appear to be legally transferred from the public domain into private hands. There is no doubt that if the public had been involved, this would have never happened.