COMMISSIONERS MINUTES
NOVEMBER 15, 2004
The Elmore County Commissioners met in special session to hold a public hearing
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 were Chairperson Mary Egusquiza, Commissioners
Larry Rose and Calvin Ireland. Also present was Deputy Clerk Barbara Steele.
The purpose of this public hearing was to hear testimony on an application from
Exergy Development Group, LLC, for an Ordinance amending the Elmore County
Zoning and Development Ordinance - Providing that Chapter 1, Article VIII-1,
Section 1.E.8-1 and 2.E.8-1, Prime Agricultural//Grazing A-Zone Ag A and General
Agriculture/Grazing/Forest B-Zone Ag B, Chapter 1, Article VIII-1, Section
5.E.8-1, Light Manufacturing - M1 Zone and Chapter 1, Article VIII-1, Section
6.E.8-1, Heavy Manufacturing - M2 Zone, be amended to allow electrical
production by Gas Turbines, Solar or Wind Power; Providing for setbacks from
residences, noise limits and other mitigation requirements; allowing for
variances from the setback requirements; allowing affected landowners to waive
the setback requirement; and requiring landscaping and mitigation.
Peter Richardson, Attorney for Exergy Development Group, 99 East State Street,
Eagle, Idaho, spoke first. Mr. Richardson stated the previous draft ordinance
was a good ordinance. There have been some changes to that draft ordinance, for
example page 3, number 5, which reads: 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).
Mr. Richardson feels the sentence “Towers would be excluded in the Mountain Home
Air Force Base Class D and Class E Airspace and other select areas” is not
needed. The word towers is not defined in the Ordinance and other select areas
are not defined. The next sentence “Special limitations would apply in the
Mountain Home Air Force Base controlled air space (see schedule A attached)
covers a lot of area in the County, almost all the way to Glenns Ferry. He
wanted to know who would decide where these other select areas are? He feels the
draft Ordinance and the Planning and Zoning Ordinance already have enough safety
valves in them to protect the Air Force Base.
Commissioner Rose asked Mr. Richardson if the first sentence didn’t define the
word tower? Mr. Richardson said he didn’t not feel that it defined what a tower
was. Discussion followed on height restrictions. Commissioner Ireland said the
other select areas were other airspace in Elmore County, for example the
Mountain Home Municipal Airport.
K. C. Duerig, 4199 N. Meridian, King Hill, testified he was in favor of the
amendment of the Ordinance. He stated he was glad that Coal Fired Plants were
not listed. He also stated his support of wind towers as an alternate power
source.
Lt. Col. Mark Fischer from the Director Staff of the 366th Fighter Wing,
Mountain Home Air Force Base came forward. He feels the way the draft Ordinance
is written is clear. Anything in Class D and Class E airspace would not be good
for the base. Given the fact that towers are not allowed in these areas is good.
He explained what a pilot does in that specific air space and that any structure
over 99 feet changes things drastically.
He also felt “other select areas” was good. It gives you the levity to say that
a certain tower is O.K. but other ones are not in select areas. Terminal
Airspace is also listed as Class E airspace, it doesn’t go down to the surface,
it goes down only so far above the ground. Anything over 99 feet in any of the
Class D, Class E, or terminal airspace would cause the base problems in their
flight patterns.
Bill Richey, Special Assistant, Military Affairs, 2905 East 42nd South, Mountain
Home, spoke that the draft Ordinance is a good one, but it needs the height
restriction of 99 feet listed. He also stated he contacted the Idaho Army
National Guard and they submitted a letter for the public hearing.
Tom Rist, 1298 North 10th East, Mountain Home, Idaho. Mr. Rist stated he was
there not to represent the City Council, but as a citizen of Elmore County. He
stated the City of Mountain Home was drafting a letter to be sent on the issue
and it should be received within the next few days. Mr. Rist stated is was very
essential to have the paragraph on page 3, number 5. He felt that all the
airspace should be excluded and if not, that the maximum height should be 99
feet under a conditional use permit. Commissioner Rose asked if there should be
any restrictions around the Mountain Home Municipal Airport. Mr. Rist stated the
flight corridor should be a couple of miles around the airport and a height
restriction of 99 ft outside that corridor on a conditional use.
Catherine Brown, 816 Hamilton Road, Mountain Home, commended the group regarding
welcoming alternate energy resources. She also stated she did not like the
location of the proposed wind towers and why did they have to be by the base?
The County has created a buffer zone around the base and we need to protect it.
Alain Isaac, 515 North 8th East, Mountain Home, stated she was not representing
the City of Mountain, she was representing herself as a business person in
Mountain Home. She stated that we shouldn’t jeopardize the training range that
we have fought so hard for. We should have a engineer specific to flight
operations, and we must have height restrictions. She does not want the town to
go through another base closure.
Albert Clement, 925 North 23th East, was there as a private citizen, not
representing his employer. He stated he was a retired Air Force Base Air Traffic
Controller, and is fully aware that any obstructions cause major problems for
flying. He would like the Commissioners to keep the buffer zone around the Air
Force Base in place. He proposed that in the Ordinance it specifically be stated
that any extension on the tower, such as the propeller, must be a total height
under 99 feet.
Joe McNeal, Mayor of the City of Mountain Home, appeared before the Board
representing the City of Mountain Home. The Mayor stated that Mountain Home Air
Force Base is very important to everyone. City residents are his main concern.
He does not want to see the wind towers around or in the middle of the City. He
asked the Commissioners why they were amending their Ordinance to let this
company come to Elmore County. He also asked how much energy would be produced
by these towers. He wanted to know why no one has just said no, this industry is
not good for Elmore County. Mayor McNeal stated he was totally against it under
any conditions and an official resolution would be coming from the City Council
and himself.
Chairperson Egusquiza stated that the public hearing would remain open for
written testimony for two weeks, November 29th would be the last day to accept
written testimony.
Doug Cameron, 10150 E. Gopher Knoll Road, King Hill, testified that he was
concerned about the flying space in Elmore County around the base. He asked Lt.
Col Fischer some questions about take-off speed and height. Lt. Col. Fischer
answered it depends on the type of airplanes and the Air Force Base has to be
certified for all types of aircraft. Mr. Cameron stated he supports the Air
Force and if they don’t think the wind towers are safe, then don’t have them.
The Air Force Base is part of our National Security and that is very important.
Pete Nielson, 3955 South 136th West, Mountain Home, stated he was speaking for
himself. He has lived out by the base since 1976. During that time he farmed and
was an advocate for the training range. He stated the airplanes and noise do not
disturb the animals, domestic or wild, at all. That there is plenty of room in
the County for different industries without putting at risk what we already have
established. He does not want to jeopardize the Air Base and would not propose a
project that interferes with the base.
Commissioner Rose stated the last sentence on page 3, number 4, which reads
“Each individual electricity generating facility will require a conditional use
permit”, needs more clarification. Discussion followed on what facility meant.
Bonnie Sharp, Growth and Development Director, was asked to comment. Ms. Sharp
indicated the wind tower conditional use permit we have now for Lewandowski,
allows 14 towers. Commissioner Rose asked if this new ordinance would require a
conditional use permit for each tower, or does a facility mean many towers in
one area?
K. C. Duerig spoke again and stated that there are different sizes of wind
towers that needed to be addressed also in the Ordinance. Does the size of the
wind tower determine when a conditional use permit is needed?
Lt. Col. Fischer and Pete Nielson came forward again. Mr. Nielson asked Lt. Col.
Fischer if there was a margin of error in determining the Class D and Class E
airspace. Lt. Col. Fischer said yes and no. Weather is a factor in determining
how the planes take off, land and fly. Mr. Nielson asked if the base acquired
bigger aircraft would the airspace change? Would it be wise to plan for an
expansion of the Air Base? Lt. Col. Fischer said from the base’s prospective,
yes it would be wise to plan but that it depends on government funding for
future expansions. Mr. Nielson asked if an additional runway was being planned
at the Air Base and Lt. Col. Fischer said they would like to put another one in
and that also depended on funding.
Mayor McNeal spoke again reiterating his earlier position that he is not in
favor of passing the Ordinance amending the Planning and Zoning Ordinance. He
stated the original ordinance has a buffer around the base and if this ordinance
is not passed we would revert back to the original ordinance. He doesn’t
understand why these sites around the air base are so desirable. Mr. Richardson,
attorney for Exergy Corp, replied that on private owned land, the Environmental
Protection Agency does not get involved, and the landowner is paid royalties.
It’s an easier process.
Commissioner Rose explained the current ordinance to the Mayor, that one was
implemented when the natural gas plant was put in amending the planning and
zoning ordinance, and that this ordinance is amending Ag A and Ag B areas. Mayor
McNeal asked when the process would stop, every time an industry comes in are we
going to amend the Ordinance to let them? Somewhere down the line we have to say
no and face the consequences of going to court. Commissioner Rose replied it
takes a lot of time and money to fight these issues and he felt it was better to
work with these industries. We can have them if they are located in the right
places. We need the progress and it is best to have some rules to go with it.
They all agreed these decisions are not easy.
Doug Cameron spoke again and stated he disagreed with the Mayor.
Scott Clark, 6005 South 18th East, spoke to the Commissioners saying he
appreciated the job they were doing and applauded their comments.
Letters submitted before and after the hearing were made part of the record:
12 November 2004
Colonel Perry E. Barth
Commander, Aviation Group
Idaho Army National Guard
3448 W. Harvard St., Bldg. 559
Boise, Idaho 83705-6512
Elmore County Commissioners
150 South 4th East
Mountain Home, Idaho 83647
Dear Commissioners,
The purpose of this letter is to comment on the proposed Elmore County Ordinance
NO. 2004-01 as it relates to the construction of “Electricity Generating
Facilities/towers-Natural Gas/Solar Cell/Wind Power.
The Idaho Army National Guard conducts numerous helicopters operations in the
vicinity of Mountain Home Municipal Airport, Mountain Home AFB, Saylor Creek,
and the areas adjacent the Orchard Training Area west of Mountain Home. We are
very concerned with any towers in the vicinity of these areas that would be a
hazard to air traffic. We normally operate at an altitude of 500 feet above
ground, but are sometimes forced to fly lower at night and during inclement
weather. We see these towers as a significant hazard to aviation.
As a minimum, we strongly concur with wording of the restrictions specified in
para 5 of the ordinance. Additionally, we would ask that all towers in excess of
99 ft are lighted IAW FAA requirements. We also request notification of the
locations of all towers in Elmore County in excess of 99 feet so that we may
plot them on out low-level hazard maps and take appropriate risk management
actions to address the hazards.
If you have any questions or concerns please do not hesitate to contact me at
the above address or phone number. Thank you for your consideration.
Sincerely,
/s/ Perry E. Barth, Colonel, Idaho Army National Guard
Military Affairs Committee
205 North 3rd East
Mountain Home, Idaho 83647
November 15, 2004
Elmore County Commissioners
Elmore County Courthouse
150 South 4th East, Suite #3
Mountain Home, ID 83647
Dear Commissioners,
Mountain Home Air Force Base is a very integral part of our community and
provides an outstanding economic impact to our community, county and state. The
economic impact is vital to the growth and development of the entire area. We
support the economic development of Elmore County and see Wind Turbine
Generation (WTG) as one of the ways to aide in that development and also lesson
our reliance on oil. We support the November 15th version of Ordinance 2004-1
allowing WTG in all of Elmore County with a Conditional Use Permit. We strongly
encourage the commissioners to retain paragraph 5 Height Limitations. The Height
Limitations will help in the long term protection of MHAFB and the states
National Guard. It is vital that the County Planning and Zoning be given
sufficient guidance in the ordinance to not impact our contribution to the
National Defense. We would recommend that you expand the wording to include
listing the height limitation for Mountain Home Air Force Base control airspace
to be 99 feet.
We commend Elmore County for continuing to work hard on the protection of MHAFB
against encroachment. Retaining the zoning of the area surrounding the base, and
not allowing residences, businesses or structures to slowly move into the area
close to the base is vital to the very existence of the base and its extended
future. We strongly recommend that any changes to any zoning ordinance provide
the protection needed for now and the future for Mountain Home Air Force Base.
Sincerely,
/s/ Mr. Jerry Rost, Chairman, Military Affairs Committee
Special Assistant for Military Affairs
November 15, 2004
Elmore County Commissioners
Elmore County Courthouse
150 South 4th East, Suite #3
Mtn Home, ID 83647
Billy F. Richey
Spec Asst for Military Affairs
150 South 4rd East
Mountain Home, ID 83647
Reference: Draft Ordinance NO 2004-1
Dear Commissioners,
I support the Draft Ordinance NO 2004-1, 15 Nov 2005, allowing Wind Turbine
Generation in Elmore County with a Conditional Use Permit. Furthermore, I
strongly support your efforts to protect Mountain Home Air Force Base operations
with the wording in paragraph 5 on page 3, Height Restrictions.... These
exclusions and limitations are important for protecting the long term
operational capability of the air base. However, Paragraph 5 does not appear to
show where it will be placed in overall Elmore County Zoning and Development
Ordinance. i.e. The Chapter 1, Article.... will be amended or shall read. Each
of the other paragraphs started with some kind of ownership.
A well worded ordinance helps make everyone aware of the limitations before they
start the Conditional Use Permit process. Plus a good ordinance provides the
Growth and Development Office and the Planning and Zoning Commission sufficient
guidance to assist in their duties. To clarify the ordinance it might help to
include exclusion areas for all airports within the county and actually spell
out the known Special Limitations that will apply in the Mountain Home Air Force
Base controlled airspace, i.e. including a 99 feet height limitation in the
controlled airspace.
Sincerely,
/s/ BILLY F. RICHEY, Special Assistant for Military Affairs
“B” Transfer Inc
890 Airbase Road
Mountain Home, ID 83647
November 15, 2004
Elmore County Commissioners
Courthouse
150 South 4th East
Mountain Home, ID 83647
Re: Wind Turbine Ordinance
Dear Commissioners,
I applaud your inclusion of Paragraph 5 into the Wind Turbine Ordinance. As I
stated in my letter to you dated May 18, 2004: While I am not opposed to the
County allowing WTG’s in the county under conditional use permitting, I am
strongly opposed to the County even considering allowing them in any area that
would impact Mountain Home Air Force Base (MHAFB) and the airspace that
surrounds it.
Many years ago the Elmore County Commissioners had the forethought to develop
zoning and a Comprehensive Plan that protected MHAFB from encroachment. The
positive economic impact of MHAFB to Elmore County is substantial. I encourage
the County to maintain Ordinance’s that safeguard the land and airspace
surrounding MHAFB.
It appears that you’ve done that with the added wording to the Wind Turbine
Ordinance.
Sincerely,
/s/ Alan Bermensolo, ACC/CC Group Member
Economic Development Office
City of Mountain Home
150 S 3 E
Mountain Home, ID 83647
November 12, 2004
Board of Elmore County Commissioners
150 South 4th East
Mountain Home, ID 83647
RE: Electricity Generation Facility Ordinance - Public Hearing
Dear Members of the Commissioners,
As director of economic development for the City of Mountain Home I support the
proposed Ordinance No. 2004-1. I am sure we all agree that power generation
facilities of all kinds have a place in our area as long as they do not
interfere with the operations of Mountain Home Air Force Base and do not
unnecessarily create a negative impact on residents.
Mountain Home Air Force Base has been a mainstay of our economy for over 50
years. To ensure that we are not a casualty of the Base Realignment and Closure
Commission (BRAC), it is imperative that we do all we can to protect the
operations area/airspace of Mountain Home Air Force Base. The restrictions
proposed in the MHAFB Class D & Class E Airspace is great. I also like the MHAFB
Controlled Airspace ‘special limitations’ because it protects the Municipal
Airport in Mountain Home.
I thank you for your efforts on this ordinance and I appreciate the opportunity
to provide my input.
Sincerely,
/s/ Ron Swearingen, Director
cc: Mayor Joe B. McNeal
Mr. Bill Richey
Dave Jett
370 E. 17th N.
Mountain Home, ID 83647
Elmore County Commission
Elmore County Courthouse
Mountain Home, Idaho 83647
11 November 2004
Dear Commission,
I am writing in response to the proposed wind tower zoning ordinances, and to
express my support for the revised paragraph 5 language. I am very concerned
about recent development around the base property, such as the proposed wind
farm and the new commercial dairies. We have learned from development around
other bases, that if taken one at a time, new development may not present any
land use conflicts with base operations. However, the cumulative impact of
poorly planned development can and does cause bases to close.
Elmore County is a large county with ample areas where wind towers could
co-exist with existing land uses and proper land use planning regulations. Just
as it is unwise to site dairies near housing developments, (on base or off
base), it is unwise to site wind towers in or near special use air space. I
trust the Commission to make good land use decisions for the long-term value to
the community, not for near term gain.
Respectfully,
/s/ Dave Jett
15 November 2004
To: The Elmore County Board of Commissioners
Calvin Ireland, Larry Rose, Mary Egusquiza
Good Evening,
First off, let me say I think it’s wonderful that there are people who are
taking a positive step forward to offer the citizens of Elmore County an
opportunity to choose a natural alternative energy choice. It is long past time
that we break with our dependency on fossil fuels. And I commend Exergy
Development Group for wishing to build here in Elmore County.
However...Why does the building locations have to be right next to the Mountain
Home Air Force Base? From what I understand, the turbulence that will be created
by the wind generators and gas turbines can wreak havoc on the radar equipment
the air base uses. So why then are we adding on more straw to this camel’s back,
when there are thousands of communities throughout America who would welcome our
Air Force Base and it’s 7800+ civilian jobs with open arms. Not to mention the
millions of dollars that the military members pump into the local communities
annually.
Why does anything have to be built in the buffer zone around the base? Why was
this buffer zone even created to begin with? There must have been a reason this
zone was placed around the base in the beginning. Why does this development
group have to construct their solar panels, wind generators and gas turbines in
this particular location? We have so many other places in Elmore County where we
could build. If there is one thing NOT lacking here in Elmore County, it’s lots
of wind. I believe we need to honor this protective region that was placed
around the Mountain Home Air Force base and stop trying to move development of
any kind into it. We need to leave it as it is and how it always has been.
Whether people believe it or not, we need to protect our protectors.
So my family and I are all for the Exergy Development Group and what they are
hoping to build. But we are decidedly against their choice in location.
Thank you,
Catherine, Richard and Justin Brown
(Three Registered Elmore County Voters)
816 Hamilton Road
Mountain Home, Idaho 83647
Chairperson Egusquiza asked if anyone else wished to speak.
The public hearing was closed, written testimony will be taken until November
29th, 2004.
/S/ MARY EGUSQUIZA, Chairperson
ATTEST: /S/ GAIL L. BEST, Clerk
