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Exposing the city's cover up

Rep. Kathy Sims | Hagadone News Network | UPDATED 13 years, 3 months AGO
by Rep. Kathy Sims
| October 22, 2011 9:00 PM

I hope this opportunity at "My Turn" can explain the facts that I have in my possession vs. the story told to you by the City of Coeur d'Alene's staff and then repeated by the Coeur d'Alene Press.

The Coeur d'Alene Library: I have a legal document, a warranty deed signed by D. Jameson and his wife, notarized and filed with the Kootenai County Clerk, Dan English, giving the ownership of their property on 702 Front Ave. to the Coeur d'Alene Library Foundation with a legal description, Attachment A, dated April 13, 2001.

I have a second LEGAL document, a quitclaim deed (17 days later) from the Coeur d'Alene Library Foundation, giving half-interest in this same property, Attachment A, to the Lake City Development Corporation (LCDC), dated April 30, 2001.

I have a third LEGAL document, a warranty deed from the Coeur d'Alene Library Foundation, giving the remaining half-interest in Attachment A to Lake City Development Corporation (LCDC), dated June 25, 2007.

Now these are all LEGAL recorded documents, deeds of ownership.

Attachment A, attached to all three deeds, is exactly the same on every deed. Our duly elected County Assessor Mike McDowell cooperated totally and provided a topographical map showing the exact location of this property, and I will say this clearly: "A portion of your new Coeur d'Alene Library building and its parking lot reside on property owned in total by Lake City Development Corp. (LCDC), not the City of Coeur d'Alene. Even though the city knew that part of the library was built on LCDC property, they didn't bother to protect the taxpayers' interest by creating a binding legal agreement outlining the use, liability, maintenance and future title transfer of ownership. They did not do their job. Now your city council and your mayor presented a $3 million bond for your approval. It passed, and they built the library, partially on land the city did not and does not own. You heard the excuse, clerical error. The deeds, the legal descriptions, the photos and property boundaries prove that excuse wrong. Upon these facts being revealed, the city quickly went to our county assessor and asked that he move the dollar value of the entire library, $6 million, from the LCDC parcel to the city parcel, with the excuse that it doesn't matter who owns it because neither party pays property taxes.

Anyone who owns property of value knows the only way to legally and properly transfer that property and its value is with a deed. The Lake City Development Corporation (LCDC) is a legal government agency of the state, totally separate from the City of Coeur d'Alene. The proper and legal way to transfer the parcel to the city would be for LCDC to DEED it to the city. Why they will not or cannot is a question. My advice to the assessor is only do what is correct and legal. Totally moving the entire value would be incorrect and deceitful, and taking from a state-owned entity what they legally own and giving it to a city can't be lawful. Mike is the elected county assessor. He does not work for the city or for LCDC. Before he makes any changes to public documents, I'm sure he will consult with the county attorney Barry McHugh and perhaps his own attorney as well.

But the real questions we should all ask are: The Coeur d'Alene Library Foundation purchased the land for more than $1 million and 17 days later, quitclaim deeded half of it to LCDC; what's that about? Seven years later with a warranty deed, they transfer the remaining half to LCDC? Then the mayor and council of your city build a library partially on this property. Who has made the mistake? Who issued the permits? Why not just correct it legally? We complain that the state agency LCDC is not transparent. Well, neither is your city government. Sending a city employee to the county assessor's office to request that he move property values from parcel to parcel, not reflecting the actual value each parcel actually has, is deceitful, and they should be ashamed and replaced.

The city cover-up is taking place while I have, and the county assessor's office has, the legally recorded documents supporting my statements. I asked the reporter these same questions, and there are still no answers and no transparency in the city or LCDC.

The haphazard manner in which these two entities have co-mingled properties and taxpayer dollars is astounding and with two Idaho Supreme Court decisions stating clearly, they are totally separate entities, should cease immediately. I'm aware our city attorney makes more than an Idaho Supreme Court Justice, but it doesn't seem to ensure they operate legally. It is also unlawful for LCDC to own properties longer than three years past the renewed completion. They should legally sign off this property now.

I know commissioner Woody refers to LCDC as their "bucket of cash". It's not! It's the taxpayers' hard earned money. I will continue to work in the Idaho Legislature to establish more control, oversight and voter involvement in how much they take and how it is spent.

And when citizens find mistakes, and we all make them, the responsible thing to do is to admit, apologize and take steps to LEGALLY correct them.

The program that was presented at the Senior Center was about many other things besides the library. We presented city salaries, city fee increases, all things to consider with the upcoming elections. The program was well-attended, but I don't recall seeing a Press reporter there. The program will be presented again Nov. 1 at 6 p.m. at Coeur d'Alene American Legion Post 14, 754 N. Fourth St.

We have facts, not excuses.

State Rep. Kathy Sims is a Republican from Coeur d'Alene.

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ARTICLES BY REP. KATHY SIMS

October 22, 2011 9 p.m.

Exposing the city's cover up

My Turn

I hope this opportunity at "My Turn" can explain the facts that I have in my possession vs. the story told to you by the City of Coeur d'Alene's staff and then repeated by the Coeur d'Alene Press.