County

Ada Commishes Tell Dynamis To Pay Within 90 Days

Ada Commishes voted unanimously Wednesday to tell Dynamis to essentially “pay up or shut up” with regard to the proposed waste to energy project at the Ada County landfill.

Commish Sharon Ullman–an avid supporter of the project to date–was the one who made the motion which called for a LETTER to Dynamis telling them to repay a $2 million loan within 90 days. The firm is getting squeezed for time not only to come up with cash to the county, but to finance and build the proposed facility in time to meet an obligation to Idaho Power to provide electricity in early 2014.

The project has been the focus of controversy for two years and a local group calling it self
Idaho Citizens for Safe Environment and Transparent Government filed a lawsuit last week against Ada County over the Dynamis project. Included in their complaint is a claim the $2 million constitutes a loan, and it is illegal for counties to loan money to businesses. That claim, if sustained by the court court, could make the entire deal illegal and kill it.

Ada County chief civil attorney Ted Argyle is mention repeatedly in the 56 page complaint against the county and because he could be called as a witness or even become a defendant, the Commishes also voted to hire outside legal counsel to defend against the action.

Commissioner Ullman has previously said the board acted on Argyle’s advice at every step of the project and noted he was one of the prime legal architects of the agreements and contracts.

It would seem only appropriate for the Commishes to deduct the legal costs from the Prosecutor’s budget if the prosecutor’s office is found complicit or their advice causes the county to become liable for any judgements.

FROM POET PAUL:
Yzaguirre and Ullman have spoke
At Dynamis they now take a poke
They must’ve had helps
From Olympian Mike Phelps
Cause they have really improved their backstroke!

Comments & Discussion

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  1. Shazaam!

  2. Isn’t this amazing! Good job and thank you to Idaho Citizens for Safe Environment and to BG!!!

    Not same topic, but are any of the things Ullman says about Case on her blog (sharonu.com) true?

  3. EMPIRE END GAME
    Nov 14, 2012, 7:45 pm

    Ada needs a lawyer http://youtu.be/LzRvXZYXQMM

    Yzaguirre votes despite an apparent conflict http://www.youtube.com/watch?v=d67K-n8k5y4

    Letter from Ada to Dynamis http://images.bimedia.net/documents/Dynamis+Letter+11-14-12.pdf

    Makes you wonder….

  4. I am curious whether paragraph three of the letter to Dynamis is in fact notice that the project has been canceled.

    Paragraph Three: “As you are now no doubt aware, the scope of the project has increased beyond that originally contemplated by the Commissioners. While we understand why that has happened, never-the-less, Ada County no longer contemplates owning and operating the waste-to-energy facility that is the subject of the Contract.”

    Ada County never planned to own or operate the facility, only to lease the land to Dynamis for the WTE plant. The ball has always been in Dynamis’ court.

  5. I doubt they will see a single dime returned to the county. It will take a protracted legal battle and the “plaintiffs” will declare bankruptcy before all is said and done.

    That said, I am happy to not have this tire burning mess in this valley. The whole deal was a scam.

    I can’t wait for cash flows to elected politicos to dry up to the point they give some serious thought to where that money goes and what they will get in return.

    Where was the community buy in for this project in the first place? I think they forgot who they work for and a refresher course is in order.

  6. chicago sam
    Nov 15, 2012, 5:29 am

    Probably the most difficult part of it all is giving up that steady income of $1 per year rental fee. You can stand it Ada County and trading 2 million for Sharon isn’t too bad a deal in my opinion

  7. Rod in SE Boise
    Nov 15, 2012, 11:46 am

    Seems like an attempt by 2 of the commissioners to avoid prison time.

    or

    Voters have spoken and there will soon be a 2-1 majority of commissioners who oppose the project. Elections, once in in a while, in Idaho, have consequences.

  8. Clippityclop
    Nov 15, 2012, 12:19 pm

    Particularly as we, the taxpayers of Ada County, will never see that 2 million back, I heartily agree with the Guardian’s last paragraph. I have absolutely no interest in funding the Commissioners’ legal defense under this circumstance.

  9. Hello armchair lawyers. Exactly what law was broken? I’m still waiting.

    This has been about Hidden Springs nimbyism all along and none of you has one shred of evidence to the contrary.

    For Pete’s sake you people have short memories. What was it? Five or six years ago when the landfill needed to expand or open a new cell, Hidden Springs nimbys were giving us the same rhetoric.

    Ever notice how none of you cares one iota about the hundreds of other contracts signed by Ada County and Boise City and ACHD every year, that is until you get whipped into a frenzy by biased propaganda.

    ACHD is currently letting out to bid a $4.8 million contract for the 30th Street Extension. Where’s your outrage and character assassination over that?

    EDITOR NOTE–Cynic, we agree about no smoking gun. However, without question they made a $2 million LOAN and it is unconstitutional to do that “in any manner.” There is also the open question about misuse of public funds, even though there is no evidence of personal gain.

  10. boiseanticynic
    Nov 17, 2012, 1:14 pm

    Anyone wonder how the folks along Hill Rd who were there before the landfill feel about the “nimbyism” boisecynic? It is arrogant to assume that Hidden Springs is the primary obstacle to this project.

    Furthermore,while not illegal,why was the project not vetted by an engineering firm. The county retains one for just such projects? One can only believe that the resulting opinion would have been detrimental. Instead the claim that the DEQ fulfills that role is incorrect by their own admission.

    What you are excusing is the arrogance of public exclusion by those commissioners, the avoidance of full disclosure, the well crafted plan to push this project through despite no glaring need – the landfill has plenty of capacity – and the idiotic nimby statements that serve as good soundbites for people who truly do not care what their public servants are doing on their dime.

    Broken laws include failing to have the public vote on this matter requiring a 2/3 majority. http://legislature.idaho.gov/idstat/IC/ArtVIIISect3.htm

    Also the issue of zoning for a large electrical generation unit is a strong legal issue. No doubt more will emerge.

    Had the commissioners in question handled this project in an ethical and transparent manner, it is likely that if Dynamis Energy had any credibility, there may have been a different result. Everyone is in favor of progress. No one likes lies, and officials who step beyond their mandate. Remember, the money given to Dynamis to develop plans has been proved to have been misused on items unrelated to plan development. That alone should have ended the project. Until the investigation is complete, we will not know the extent of the deception. No doubt there will be more surprises.

    It is the “armchair lawyers” that help offer the breadcrumbs for true legal action and the ultimate discovery of the truth.

  11. “…has been proved to have been misused on items unrelated to plan development”

    Where? Proved in a court of law?

    “… Also the issue of zoning…”

    The issue of zoning Hidden Springs was a huge legal issue.

    “… Anyone wonder how the folks along Hill Rd who were there before the landfill…”

    Name one. And that statement is irrelevant. There needs to be a sanitary landfill and no matter where it goes people are going to complain. Or would you rather have your garbage trucked to Mountain Home and pay $40 a week for one can emptying. Forget about all the diesel burned and tires worn out by all that trucking.

  12. Furthermore, there was absolutely nothing unethical and non-transparent about it. Talk about hyperbole.

  13. modern columbo
    Nov 19, 2012, 2:33 pm

    Boisecynic (Sharon Ullman) Two of the most vocal critics of this project happen to live on Hill Rd. and you know it. Hidden Springs was a huge legal issue becaue it was done correctly. The back yard of this project is not Hidden Springs. It is the Hill Rd area as well as communities of Eagle between Floating Feather and Beacon Light. For some reason the residents of Hidden Springs are being more vocal than others. How well would government work if 150 people showed up and wanted to speak for 3 minutes each on every single contract. Issues that have profound impact are the ones people get interested in. There are many profound elements to this project. If you are confused about the laws that have been violated read the lawsuit. They are spelled out quite well.

  14. Before you take up mud wrestling with a pig, you should realize the pig is going to enjoy it.

  15. You know, it takes months to approve a fence but only 9 business days to approve a major trash burning, tire burning, electrical generator. Sounds like a crock…. cynic Ullman fan….

  16. Hopefully the citizens remember this and don’t ever put these people back in office again. This is only one mess done by their hands. Case and Tibbs won’t be able to fix everything, but it will sure help to have honest leadership again. They may need to take some authority away from a few eggs to eliminate further trouble and headaches. With any luck her buddies will go out the door with her. Best of luck to the new commissioners!

  17. Check out KTVB’s viewpoint.
    http://www.ktvb.com/on-tv/viewpoint/Viewpoint-Ullman-defends-Dynamis-project-179574931.html

    I am 100% against the Dynamis fiasco, but c’mon, get better people out there that can convey a cognizant, appropriate, and succinct message. Those on the panel just got owned by Ullman!

  18. Cynic- I think people are upset about the process to approve the WTE plant. If a private company wanted to approve this project south of the airport, they would have to go through all the public hearings, third party engineering and more.

    I kind of liken the handling of this project to the Luna Laws. Lots of public outcry, but they were still fast tracked with no input from the stake holders. Eventually the laws were thrown out, just like Ullman.

    Here is a great opinion about what happens when politicians don’t listen to the public.
    http://http://media.spokesman.com/documents/2012/11/2221_001.pdf

  19. Eric T:

    I walked away from the Viewpoint interview with a different perspective than you did. What I saw was an elected official being extremely rude to fellow panelists in an effort to make herself look good. She tried to dominate the interview by constantly interrupting, downplaying the facts that have come to light, and displaying a bunch of paperwork irrelevant to Ada County’s unique air quality concerns. She bashed Hidden Springs residents for their outrage over a project that obviously will affect them and their immediate neighbors most, yet neglected to mention that the city of Meridian HAS publicly questioned this ill-advised contract rammed through in nine days without a public hearing, feasibility study or Environmental Impact Study (EIS) and entered into in violation of county and state codes and the Idaho Constitution. Don’t buy her spiel, folks. Remember, voters fired her as they did former Commish Fred Tilman. Stick with the law and new commishes who could take legal action themselves to stop Dynamis. Here’s link to interesting article on new commishes in Spokane County who have asked the Bureau of Indian Affairs to overturn a contract for a gambling casino and to allow them to weigh in on the project:
    http://www.idahostatesman.com/2012/11/02/2332627/county-officials-want-to-speak.html#storylink=cpy

    KTA-from Meridian, not Hidden Springs

  20. Why 90 days? Why not now since it is past due and perhaps an unlawful loan anyway.

  21. Yep, should be paid immediately. They probably asked for 90 days; gives ‘em time to leave the country, file bankruptcy or both.

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