The Land Evidence, Part II - Collusion and Crimes

The Land Evidence, Part II - Collusion and Crimes

The following facts, analysis and opinions have been sourced from publicly available documents.

Please review The Land Evidence - Early On for previously covered information on the illegal land transfer.

For many months, Pend Oreille County Commissioners have denied any knowledge or awareness of the activity and plans of HiTest Sands Inc. including their intentions to locate within Pend Oreille County after giving up on the Usk / Ponderay Newsprint site. This was the narrative promoted by the Commissioners in public meetings, presentations and in the local newspaper.

We have now learned, beyond any shadow of doubt, that this officially supported narrative was entirely false. Their profession of ignorance, non-awareness and even innocence was a sham to cover up illegal activities going on behind the scenes against the public interest.

During this period, the Commissioners continued to deny their own involvement, cooperation and the growing suspicion of collusion with HiTest Sands that began to become more and more apparent to the general public.

So far, we have documented their deliberate intentions and actions to sell public property without public knowledge to the Pend Oreille Public Utility District (PUD), all on behalf of HiTest Sands, Inc., a private foreign corporation.

This is the rest of that story, providing clear evidence of collusion between the Commissioners, the PUD and HiTest Sands, Inc. very early on, to enable an illegal land tranfer to HiTest Sands, Inc. without public knowledge or involvement, and then intentionally and publicly hiding their actions from the general public and residents of this county for as long as possible. Their professed "innocence" in directly assisting HiTest Sands Inc., to obtain public property is a total sham.

Pertinent information is for 2017. By now, the Kalispel Tribe in Usk had already successfully managed to frustrate the plans of the Pend Oreille County Commissioners and HiTest Sands to locate to Usk (good for them!) and HiTest had already begun looking around elsewhere.

1/31/17 - Press Release by County Commissioners that HiTest Sands was going to locate the smelter in Stevens County.

4/25/17 - Commissioners issue Resolution to dispose of "surplus property" citing "land locked" claims and "unbuildable" topography. Both claims are false.

4/29/17 - Only four days later, a site visit on the proposed HiTest site is conducted, including the "surplus property" parcel, with members of Parametrix, County staff, PUD, Pend Oreille Valley Railroad, City of Newport and the "private client" (HiTest) present.

5/3/17 - Memorandum to Pend Oreille County HiTest Project Manager Gregg Dorhn (contractor) from Parametrix designating the Alternative Truck Route #4 (through Idaho, near County dump), acquisition of Idaho land, and specifically mentioning Washington parcel 19182 ("surplus parcel").

5/23/17 - County Commissioners send letter to Washington Governer Inslee requesting that the Class 1 Air Quality designation for the Kalispel Tribe be denied.

6/15/17 - Commissioners letter to Senator Shelly Short supporting HiTest Sands and the claimed "jobs" benefit.

6/20/2017 - County Resolution to sell the "surplus property" because it was "land locked" and "unbuildable" to the PUD, the actual value was ignored.

7/6/17 - Newport Miner reports that a $25,000 deposit was made to the PUD, according to Colin Willenbrock (General Manager) for request for electricity service for the site south of Newport on land owned by the PUD and Pend Oreille County. Tymko alleges that "community support and buy-in are important to us".

7/11/17 - Amended Resolution 2017-26, ordering sale of property 19182.

7/13/17 - Request for property appraisal on all four parcels, including the County "surplus property" parcel not yet sold, specifically stating this was being performed to negotiate the sale of the land to HiTest.
 
7/18/17 - Pend Oreille County HiTest Sand Executive Committee proposed. No members of the public are invited. Members are Mike Manus, Commissioner, Paul Wilson, Chairman, Newport School District Board of Directors, Thomas Garrett, Chairman, Newport Hospital and Health Services, Daniel J Peterson, President Pend Oreille Public Utility District, Ray Pierre, Chair, Pend Oreille Economic Development Council, Shirley Sands, Mayor, City of Newport, Jeff Connolly, Bonner County Board of Commissioners, R.L. Bob Shanklin, Chairman, Port of Pend Oreille.

7/25/17 - Commissioner Mike Manus discussed the "prospect of HiTest Sand moving to Pend Oreille County, including the proposed location" of the HiTest Sands smelter site.

7/28/17 - Property appraisal on all four parcels is completed.

8/2/17 - "Surplus property" parcel is sold to the PUD without public notification, auction or participation on behalf of the HiTest Sands, as stated in the property appraisal report.

8/7/17 - First "aware" meeting including the general public regarding HiTest Sands proposal to locate in Newport. Gregg Dohrn discusses permitting and "preliminary evaluations" and if it is feasible to locate and operate in the county.

8/21/17 - Commissioners meeting, discussing "anticipated decision" to proceed in Pend Oreille County.

9/11/17 - Commissioners meeting, discussing the possibility of HiTest Sands, Inc. to locate in the County, lack of information, etc.

9/14/17 - HiTest Sands purchased bundled land parcels, is issued a Special Warranty Deed for the bundled property granting perpetual access to the PUD for power and transmission lines. $13,635 discrepancy in land prices is found.

It is clearly apparent that the following statements are all true:

• Pend Oreille County worked directly with the Public Utility District (PUD) to enable, assist and provide public land transfer to Hi Test Sands, Inc. for months, withholding public knowledge of this activity.

• The public should have been informed clear back in April of the decision by the County Commissioners to sell public property to the PUD for the benefit of HiTest Sands.

• This activity was done with the full knowledge and assistance of all three County Commissioners; Mike Manus, Karen Skoog, Steve Kiss and County Prosecutor Dolly Hunt.

• Commissioners and Hunt have met on several occasions (4/25/17, 10/2/17, 11/6/17, at least) to specifically discuss the legality, potential for lawsuits and litigation on the surplus property sale, a clear indication that have been fully aware of their own actions.

• Public property was illegally surplused (sold) to PUD under false pretenses, falsifying the claims of access, buildable condition and overall "uselessness" of the land, with the specific purposes of ensure that this parcel would then be sold to HiTest Sands.

• Collusion between Pend Oreille County and the PUD began quite early, we know for certain that this was already occurring in early 2017 and probably even earlier. Someone researched available lands, which information in turn was passed back to the Commissioners, HiTest Sands and the PUD. It was then that a new site was chosen over Addy (Stevens County), provided that the public property could be transferred to HiTest preferably without public involvement. 

• County Resolutions were then passed by County Commissioners to enable and facilitate this public land transfer solely for the intended purposes of selling the land to the PUD to enable HiTest Sands Inc. to obtain what was formerly public property.

• Other County officials, and employees helped facilitate this activity. 

• Pend Oreille County officials kept all of this activity away from the public knowledge and involvement deliberately, going so far as to publicly deny any knowledge of this activity or what HiTest was wanting to do (site location) for months. 

• The lands in question were not offered up for sale to the general public or put up for auction as sold, nor placed on any public notice.

• Public funds and expenditures were spent enabling all of this activity, by both the County and the PUD, by a large number of people involved in this activity.

• This activity is far outside the scope, duties and responsibilities of County Commissioners, who are operating under State mandate to help in the planning process only, selling public land to a private foreign corporation is not within this mandate or the expectations of the constituents they were chosen to represent.

• The PUD also operated far outside the scope of their expected duties and responsibilities, directly facilitating in the planning, negotiation and sale of public property to a private foreign corporation. The PUD also failed to advertise or make available to the general public the bundled land package, offering a exclusive deal and opportunity to a private foreign corporation. 

• The Pend Oreille Economic Development Council has directly assisted HiTest Sands, Inc. with a grant request for public funds to be used by HiTest Sands Inc., refused to publish the facts regarding the true intentions of HiTest Sands, and participated in the collusion and coverup of the illegal land sale for as many months as the Commissioners did. 

• Expected road activity is 170 trucks per day, and 400 passenger vehicles, which will have a stupendous impact upon local traffic, smog and congestion on virtually all roadways, highways and access routes. Even this figure has been misrepresented to-date in public meetings, claims and newspapers.
  
• No evidence has been found to support the contention that HiTest Sands, Inc., has the resources or the investors required to build the proposed smelter in Newport (or anywhere else), yet despite this non-disclosure described as "tight-lipped" by HiTest executives, neither the State of Washington or Pend Oreille County has revealed their financial solvency and ability to achieve the stated commitments on private investment. Both the County, Washington State and Bonner County and the State of Idaho have expended serious sums of money already on behalf of the HiTest project proposal using public funds.

To facilitate this entire process, Pend Oreille County and the PUD contracted services for a bundled land appraisal under "extraordinary circumstances" as quoted, and assumptions, resulting in a bundled land market value appraisal of $250,000 before the sale of the public property by the County to the PUD, who after receiving the market value appraisal, in turn bought the outstanding parcel from Pend Oreille County at the tax appraisal amount (versus actual market value), and then in turn sold the bundled land at $300,000 to HiTest Sands, Inc. Clear evidence of cross-communication, instructions and orders have been documented.

Why are County Commissioners and the PUD actively engaging in land acquisition at the public expense for a foreign corporation? And then consistently denying public involvement?

Update - A key question to be answered. Why did all four Commissioners engage in this activity on behalf of HiTest Sands, Inc.? HiTest could have simply bought the properties from the County and the PUD outright, but didn’t. HiTest was clearly aware of the properties, clear back in April and very likely, months before. Instead, all four Commissioners (and others) participated in a scheme to offer the land exclusively to HiTest at an amount that was $50,000 higher then the actual appraisal.

From publicly available documents it is apparent that all the parties were fully informed of the property appraisal, conditions that were to be met (sell public property to the PUD), road access, buildable condition, and other encumbrances and conditions.

The Commissioners (County and PUD) knowingly participated in this land sale to a private foreign corporation under the conditions and expectations of rezoning the land without the required public approval, meeting, vote or participation. Public concerns about rezoning requirements, public meetings, opportunity for public involvement or input will be ignored.

County officials are well-aware of the resistance to rezoning requests as shown in the obtained documents, due to the Growth Management mandate that the County protect rural and natural resources, but devised this plan long ago to work around public involvement or approval. This is against the public interest and mandate to protect rural and natural resources on behalf of Pend Oreille County residents.

The County land use plan does not accommodate large-scale industrial activity at all, yet despite this, Pend Oreille County and the State of Washington have actively conspired to violate both the Growth Management and County Comprehensive Plan for rural, residential and natural resource protection.

Pend Oreille County Commissioners have created a special Executive Committee on behalf of HiTest Sands, Inc., to facilitate, expedite and assist the process of smelter plant approval (9/26/17). Members of the Executive Committee only include hand-picked officials and a private contractor (Gregg Dohrn, Pend Oreille County HiTest Project Manager) and no members of the public. Inquiry into public participation on the Executive Committee were denied, there will be no public participation.

The Pend Oreille County Executive Committee is a sham, specifically staffed and designed to overcome any and all opposition to the proposed HiTest Sands smelter in Newport (or any other Pend Oreille County location).

To date, Pend Oreille County has done everything possible to assist HiTest Sands to setup and operate a toxic smelter directly above the town of Newport against the will and wishes of the dominant majority of people that do not want a toxic smelter to be located in their town.

There has been a clear, deliberate pattern of collusion, control, non-disclosure, non-transparency from beginning to end on this project by HiTest Sands, Inc., Pend Oreille County, Washington State, Idaho State and Bonner County, which indicates that extensive efforts have been made by all parties involved since the beginning (going back to 2016, at least), to find and use compliant public officials, control public knowledge and disclosure, refuse and deny public involvement, obtain special State tax incentives and utility rates, pass supportive State legislation and obtain special privileges and Grants (public money), obtain public land and gain the support of key individuals.

We have also found documentation that HiTest Sands Inc., intends to apply for additional sources of funds from the State and Federal government (more public money) and to-date, has not shown any financial stature or capability to provide the required $200,000,000 to $325,000,000 "investments" claimed in County and State documents.

We believe that high levels of non-transparency, non-disclosure and manipulation of the public perception and awareness extends all the way up to the Washington State governor, State Senators and Representatives. We find that this consistent behavior to force an undesirable and unsafe human-hazard smelter upon the citizens of Newport and the surrounding communities a startling clear indication that Washington State does not care about its citizens or the environment over potential commercial receipts and profits.

The alleged future or past "participation of the public" in Pend Oreille County is a total sham. Public input is neither sought after nor desired; it does not have any effect on the process or outcomes of decisions reached by Pend Oreille County officials. County officials have publicly stated that they will "wait on the process" while not giving the voting public an opportunity to choose whether or not the people living here want a toxic smelter in their town.

Examination of the permitting process also reveals that public input ("comment period") is also designed to simply appease public concerns and will have no other effect upon permit approvals.

We have also documented violations and egregious omissions and claims used in the Preliminary Air Quality Report for HiTest Sands revealing bad data, and inaccurate claims, which have been propagated by both State and County officials as adequately "meeting the National Air Quality Standards".

Commissioners have also planned for route access with Route Alternatives 1, 2, 3, 4 which will impact critical wetlands, site on unstable soils unsuitable for road access, intend to build roads within a designated flood plain, create Idaho State land road access, and swap public Idaho lands to facilitate the access for heavy-haul trucks (170 per day), which will hugely impact the entire region.

HiTest Sands, Inc. cannot purchase State land, to obtain ownership of property described as Alternative 4 (land next to the Bonner County Dump on Highway 41) for the heavy-haul route, they will have to trade Idaho property deemed more desirable to the State of Idaho. This means that HiTest has probably already purchased or identified such a parcel and is probably in negotiations with the State of Idaho or has already completed the transaction. Heavy logging activity is currently underway on the Alternative 4 route parcel.

Pend Oreille County Commissioners have betrayed the public trust, having denied their involvement and direct participation in facilitating the transfer and sale of public land to a private foreign corporation, have consistently denied any knowledge of these activities of HiTest in public forums and questions, and have refused to directly and clearly answer specific questions on their enabling activities on behalf of HiTest Sands.

There has consistently appeared to be little sincere regard for the enormous amount of confusion, misrepresentation and misinformation being shared by the Commissioners and HiTest Sands to the public, the entire but unspoken, unstated but significant and serious health effects of silicon smelting operations, the long-lasting environmental impacts upon air, water, soil and the surrounding environment, or even how the deliberate attempts to "industrialize" a small mountain community can't in any possible way actually benefit the residents that live here.

To all appearances to the general public, County Commissioners appear to be working directly for HiTest Sands while giving only a pretense of representing the will of the people they were elected to serve.  We believe that a severe breach of trust, mismanagement and ineptitude has transpired, causing irreparable harm to the town and entire community affected by the silicon smelter proposal.  

This major disruption to our lives and well-being is already vast and extensive, encompassing already thousands of people in Pend Oreille and Bonner County (at least), with interested persons also concerned throughout both States. We note further that resistance in Golden, British Columbia, Usk Washington, Addy Washington was also on the official published record against a silicon smelter in those locations. This too has been broadly ignored by all participants and pretended as if it never happened.

We find the behavior of our elected representatives absolutely reprehensible and immoral and an abuse of the public trust and interest and believe it is in the best interests of the residents of Pend Oreille County that all three County Commissioner resign from office effective immediately; and that PUD General Manager Colin Willenbrock also immediately resign.

The land sale of all four public property parcels should be vacated, the transfer of funds should be returned to the buyer, and all activity related to the smelter site located above the town of Newport should cease immediately and forever.

We do not find it within the interest of well-being of the people of this county or the region to continue in any kind of a relationship, business or otherwise with HiTest Sands Inc., or the people that have tried to facilitate this toxic smelter into our region. This is not a desirable project for the people of Pend Oreille County or Washington State outside of a few, special vested interests of which we have none.

We ask the the People of the State of Washington, Pend Oreille County, the Kalispel Tribe and all the sovereign nations within these borders, the People of the State of Idaho, Bonner County and all other concerned parties and participants categorically refuse to be bullied, bamboozled, lied to and deceived about this project and how it will drastically affect the rural quality of life in these areas.

We have earnestly and sincerely sought to gain the support and attention of the people of this State, Pend Oreille County and Bonner County to fully grasp the fundamental risks, pollution, emissions and effects of silicon smelting operations, as documented and found throughout the entire world, only to be consistently ignored by elected officials within both States.

If we are going to be continued to be ignored, continued to be lied to, continued to have the public trust violated by our elected officials, continued to have the real facts misrepresented, continued to have our lives, our health, our air, water, soil and environment placed at risk, our questions and concerns remaining unanswered and unaddressed, we will resist.