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Miracle on Government Way

by MADISON HARDY
Staff Writer | October 7, 2020 1:06 AM

COEUR d'ALENE — New life for the Hamilton House and the Music Conservatory of Coeur d'Alene is within grasp with an offer by Mayor Steve Widmyer and Windermere/ Coeur d'Alene Realty Inc. owner Donald "Pepper" Smock to secure the property from the county.

On Friday, Widmyer and Smock sent an email to the Kootenai County board of commissioners offering a $500,001 cash bid.

"The purchaser of the property will be 627 Government Way LLC that is a partnership owned 50% by Steve Widmyer and 50% by Donald Smock," the email reads.

Last Tuesday, the board was presented a last-minute bid for the property, but due to its inability to finance the complete $500,000 in upfront cash, it was rejected.

However, according to Idaho Code section 31-808, a property that fails during public auction can be purchased in a private or public sale as the county deems necessary — effectively creating an opening for 627 Government Way LLC's Hail Mary shot.

In Tuesday's business meeting, Zoe Ann Thurman, with the Neighborhood Coalition and Music Conservatory, read the full statement from 627 Government Way LLC. The message detailed the LLC's intentions for the property, including leasing the space to the conservatory below market value, to check in on preservation renovations and improvements, designating the house as a historic site, and an option for future purchase.

"The value of a music conservatory to Kootenai County is invaluable and lends an unmistakable aura to the community," the statement read. "In this era of divisive voices, we need more organizations that intend to collaborate and bring out the best when working together for the community."

Commissioner Leslie Duncan expressed hesitation on the offer, not for its intentions but the legality of the process. She pointed out that state law typically requires the county to advertise a bid on county property, as was done with the offer last Tuesday.

"I'm just kind of a stickler for liking procedure and law," Duncan said. "I am also willing to step back and take a breath for a minute and make sure all the county's future plans are in order."

Pat Braden, legal counsel to the commissioners, pointed out that no case law sets a precedent for Idaho code's specific subsection. Therefore the commissioners could put it up for sale again, or they could argue because only bids from the public auction did not meet requirements, the door is open for negotiations.

"I'm giving you those two options, I think both are supported by law, but the latter is riskier legally," Braden said.

Commissioner Chris Fillios, who was on the board when they originally purchased the property three years ago, said that if the county had wanted to use the land for another purpose, they would have already done so.

"As I look at it, and I was the one who negotiated the purchase and has been living it for three years, I am ready to proceed with the second option to make it available today to the bidders," Fillios said. "I understand that it's riskier, but I think it's more than a calculated risk."

Due to the Hamilton House sale not being present on the meeting's agenda, the commissioners could not accept Widmyer and Smock's offer. To put an end to a multiple-year venture, Fillios said the board would hold a meeting to make the sale at 8:30 a.m. Thursday.