Hawkins still in limbo; county hires bonding attorney

A decision on an amendment to the development contract between Whitman County and Boise-based Hawkins Companies was delayed Tuesday for at least another week.

Commissioners had scheduled a possible vote on the deal Tuesday after a planned executive session to discuss the contract with Prosecutor Denis Tracy and special counsel Milton Rowland, who was hired out of the Foster Pepper law firm in Spokane.

Greg Partch, chair of the county commission, said Rowland and Tracy still had concerns to discuss before commissioners could vote on the contract.

He said ideally, a decision will come within the next month.

“Me, personally, I’m hoping it will get done in June,” said Partch. “Of course I had hoped for May.”

Hawkins put forth revisions last month to the company’s $15 million development deal with the county for a 714,000-square foot shopping center at the Idaho state line next to Moscow.

The amendment would change a deal approved by the county in January which obligates the county build infrastructure at the shopping center.

The January deal was approved by commissioners Pat O’Neill and Greg Partch. Commissioner Michael Largent voted against the contract.

The January contract increased the county’s obligation to $15 million from a $9 million development agreement signed in 2008.

It was, however, challenged in court by the Organization to Void Illegal Conduct which filed an injunction suit in Superior Court to nullify the contract.

Members of OVIC attended Tuesday morning’s commissioner meeting and expected to attend the afternoon discussion on the Hawkins pact.

OVIC claims the agreement signed in January would require the county spend public money on private infrastructure, that the agreement should be nullified because Hawkins is not a Washington-licensed contractor and that commissioners O’Neill and Partch agreed upon the deal after illegal secret meetings.

Partch Tuesday said that discussions between Rowland and Tracy centered around crafting an agreement that would satisfy the OVIC concerns in their lawsuit.

“Hopefully, we’re answering all of the concerns in the lawsuit,” said Partch. “Then maybe they will drop the suit.”

Tuesday morning, commissioners agreed to enlist the help of Jeff Nave, a bond attorney with Foster Pepper, to look at how a financing package for the $15 million project could be put together.

Tracy said Tuesday one of Nave’s chief goals would be to insert language that would transfer the county debt obligation to Pullman if the state line site is annexed by the city of Pullman.

Tracy said he advised commissioners to consult with Nave after being asked by Administrative Director Gary Petrovich.