COMMISSIONERS MINUTES                                                       OCTOBER 19, 2004


The Elmore County Commissioners met in special session on the above date in the Commissioner’s Room, basement of the Elmore County Courthouse, 150 South 4th East, Mountain Home, Idaho.

Present at the special session was Chairperson Mary Egusquiza, Commissioners Larry Rose and Calvin Ireland. Also present was Deputy Clerk Barbara Steele.

The purpose of the special session was to work on the Wind Power Ordinance and the Area of City Impact Ordinance.

Chairperson Egusquiza asked if anyone in the audience would like to speak.

Robert C. and Marlene Reed, came forward and told the Commissioners they were very interested in having wind towers on their land. They explained the economic impact that farmers face now days and that having wind towers on their property would be a good retirement income.

James Carkulis, 99 East State Street, Eagle, Idaho representing Exergy Development Group spoke to the Commissioners on how the new ordinance would be good for Elmore County, pointing out that his Company asked for the Ordinance. He also stated that Exergy Development Group will have built the first wind turbine park in Idaho in Twin Falls County by the end of the year. Exergy Development Group realizes the need to be sensitive of air space issues. The towers are 388 feet tall to the tip of the blade. He stated that creating a good ordinance using the conditional use process is their Company’s goal.

Bill Richey, 2905 East 42nd South, Mountain Home, the Governors special assistant to military affairs, spoke to the Commissioners regarding the impact the wind towers would have on the Air Force Base. The need to word the ordinance with protection to the Air Force Base is critical. Flight operations and training missions are impacted in Class D and Class E airspace therefore no towers should be allowed in those areas, and in the Mountain Home Air Force Base controlled airspace they should be restricted to 99 feet in height. Anything above that the Air Force would have to change flight plans or training missions. A map was reviewed of the areas discussed. The Air Base currently has 33 separate squadrons with expected growth and has a major economic impact on Mountain Home and surrounding areas. Class D airspace is a 5 mile circle around the runway and Class E airspace is a chevron strip at either end of the runway.

Mr. Carkulis spoke again regarding the suggested restrictions. He stated they appreciate the Air Base’s concerns, but that each application should be on a case by case basis.

Chairperson Egusquiza stated for months she has been getting e-mails regarding wind towers in Elmore County and that was another reason why this ordinance was being drafted.


The Commissioners reviewed the ordinance including Ag A and Ag B areas. Commissioner Rose asked Mr. Carkulis about the ordinance he submitted with suggested changes and Mr. Carkulis replied he would like that one withdrawn.

Commissioner Rose then asked about page 2, number 1, which states “The facility must only use natural gas, solar cells or wind power to produce electricity for sale. The conditional use of diesel fuel is allowed only for emergency generation of electricity for fire suppression or winding down turbines”. His question was should it be worded: for sale, trade or personal use. Discussion followed and it was decided to add “barter or use”.

Discussion followed on page 3, number 3, regarding the distance from residences. Many variables were discussed. The visual aspect of the towers and how much noise the towers make was discussed. Mr. Carkulis stated the shadow made by the towers was more of an issue than the noise. Conditional Use Permits were discussed. Commissioner Rose stated we have so many areas in which the Planning and Zoning Commission has to set conditions on these permits that it bogs down the system. Should the Ordinance be constructed so the Planning and Zoning Commission knows the intent of restrictions. Mr. Carkulis spoke suggesting it would take longer to construct an Ordinance that would be more restrictive and feels that the conditional use permit process would work just fine.

Mr. Carkulis excused himself as he had another meeting to attend. He thanked the Board for working on the Ordinance to move forward and offered his further assistance. He stated on Page 3, number 5 he would have some suggestions. Chairperson Egusquiza asked him to give his suggestions now. He stated the Class D and E airspace exemption around the Mountain Home Air Force Base was too restrictive.

Robert Reed spoke again about economics, when he first came to Mountain Home and now. How the costs have gone up in Agriculture.

Motion by Egusquiza, second by Ireland, to adjourn for lunch.
EGUSQUIZA - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.

Regular session resumed and work continued on the Ordinance. Commissioner Rose questioned variance requests. Conditional Use Permits were discussed again along with adjoining property owner notification.

Page 2, number 6 reads “The applicant shall demonstrate and maintain an adequate fire protection and fire fighting capacity, including entering into an agreement with a public firefighting agency when the applicant’s project is within the jurisdiction of such an agency”. It will now read “The applicant shall demonstrate and maintain an adequate fire protection and fire fighting capacity, including entering into a written agreement with a public firefighting agency when the applicant’s project is within the jurisdiction of such an agency”.

Billy Richey returned to the meeting and brought Lt. Col. Mark Fischer representing the Mountain Home Air Force Base.


Number 5 on Page 2 reads “The applicant, with its building permit application, shall submit and thereafter follow a landscaping, screening and noise control plan to comply with section 4 above. The plan’s ability to comply with section 4 shall be certified by a licensed engineer employed by the applicant. All improvements on the facility shall be enclosed by an appropriate security fence”. It will be changed to read “The applicant, with its building permit application, shall submit and thereafter follow a landscaping, screening and noise control plan to comply with section 4 above. The plan’s ability to comply with section 4 shall be certified by a licensed engineer employed by the applicant and approved by the County Engineer at the expense of the applicant.. All improvements on the facility shall be enclosed by an appropriate security fence”.

Mr. Richey and Lt. Col. Fischer came forward with maps to go over the Class D and Class E Air Space and Controlled Airspace. The maps were gone over extensively. Page 3, number 5 will now read: Height restrictions of “Electricity Generation Facilities/towers-Natural Gas/Solar Cell/Wind Power” would be set by conditional use. Towers would be excluded in the Mountain Home Air Force Base Class D and Class E Airspace and other select areas. Special limitations would apply in the Mountain Home Air Force Base controlled air space (see Schedule A attached).

The next public hearing on the Ordinance was scheduled for November 15, 2004 at 7:00 p.m. in the Commissioners Room, basement of the Elmore County Courthouse.

The Area of City Impact Ordinance was discussed. A call was made to the City and a special meeting was set up for November 10, 2004 at the Mountain Home Police Station. The meeting is to discuss City and County issues with the Mayor and City Council.

Motion by Ireland, second by Egusquiza to adjourn.
EGUSQUIZA - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.

/S/ MARY EGUSQUIZA, Chairperson
ATTEST: /S/ GAIL L. BEST, Clerk