Feb 19 2014

The importance of predictability

Published by at 10:01 pm under Carlson

carlson CHRIS
CARLSON

 
Carlson
Chronicles

If you have ever wondered why so many business leaders say they cannot trust units of government, whether local, state or federal, to keep their word and deliver the sine qua non of heavy investment – a safe, secure, predictable business environment, look no further than Bonner County in north Idaho.

The County is currently in court with a high-end developer of upscale hangar-homes, which contain living quarters and private planes or helicopters, on property adjacent to the Sandpoint Airport. Called SilverWing at Sandpoint, the project developers have a legitimate beef with the county that falls under the umbrella of government providing a predictable business development environment.

While SilverWing is a client of my daughter Serena’s strategic communications business, as one who started and built a small business of my own, and as a taxpayer, this being jerked around by a governmental entity is the kind of inconsistent behavior that also truly angers me.

Like any prudent developer, SilverWing did their due diligence and acquired all the required permits from both the city of Sandpoint and Bonner County before building a model home, laying out the streets and putting in the required infrastructure for water, electricity and sewage.

Altogether the owners spent over $5 million developing the site, which may very well be the last of its kind in the United States because the Federal Aviation Administration has decided to adopt a policy recommending against such developments at public airports. The FAA however, well aware of SilverWing, in effect grandfathered it in prior to the adoption of this policy.

So what’s the problem? For reasons hard to fathom, the Bonner County Commission reversed field and has effectively placed a cloud over further sales of these ever-increasingly valuable hangar home-sites by publicly speculating that they might not grant homeowners access to the main runway from the development.

Of course, if the County persists in this stance, it would also be blocking missionary and backcountry high-performance plane builder Quest its access to the main runway because Quest uses SilverWing’s taxi­way and runway access.

Thus far, Bonner County has spent in excess of $1 million taxpayer dollars trying to defend this indefensible mid-stream shift. SilverWing understandably is trying to protect their investment but has made it clear that they would welcome a negotiated settlement that allows them to remove the cloud the county has placed over their project and to proceed. Thus far, Bonner County, through its high priced California law firm, has rebuffed any overtures, despite having so far lost every motion they’ve made for summary judgment or any other legal maneuvering.

SilverWing, for its part, is utilizing the legal services of Boise-based Givens Pursley. When depositions are held, SilverWing sends one attorney, but Bonner County’s team can and often does consist of five or more attorneys and county employees. I’m sure the California attorneys are enjoying cutting the fat hog they think they see in their government contract with Bonner County.

Here’s a prediction though from a non-lawyer, though: The county is holding a losing hand and, when it comes time to pay the piper, the cash-strapped county may be facing bankruptcy if it has no insurance that will cover it in case it loses.

Someone, somewhere in that Bonner County courthouse better start reining in the county’s spendy ways and better start thinking through some “what-if” scenarios.

A little common sense should lead all parties to the conference table and a negotiated settlement fair to all. In the meantime, the next time you hear some businessman say one can’t trust any level of government to keep its word, recount to them this classic example being perpetrated in Bonner County.

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