County
Procedural Moves May Out Maneuver Public On Dynamis Deal
October 22, 2012 
A series of procedural moves by the Ada Commishes could be aimed at ignoring public comment into the approval process for the Dynamis trash to energy project according to the group opposing the idea.
Idaho Citizens for a Safe Environment and a Transparent Government claims the Ada Commishes will attempt Tuesday to pass a resolution–which them claim is illegal–to establish an “Industrial Park” at the landfill. No public hearings are required for leases within an industrial park, so the designation is key to approval without public comment.
At the Tuesday meeting (8:45 a.m. at the Courthouse) Commishes will hold a public hearing on the RESOLUTION, but opponents say only a legally binding ORDINANCE can change a zoning designation.
Meanwhile the opposition group has presented petitions and convinced the county Planning Zoning Commission to hold a public meeting on Thursday–AFTER the surprise move to approve a lease agreement between Ada County and Dynamis. Details of the proposed Tuesday resolution were not spelled out Friday on the agenda. Commish Dave Case who opposes the project had not seen the text of the proposed industrial park resolution.
The entire hustle has caused many citizens of the county to lose faith in both the process and their elected officials.
SAFE ENVIRONMENT citizens have it all spelled out at their website.
UPDATE 11a.m. MONDAY–It looks like the Commishes may have outsmarted the opposition back in July with ordinance 772 which they will claim gives authority for the industrial park designation. The GUARDIAN has to admit the moves are coming so discreetly and at such short notice with text of proposals and ordinances so difficult to find, we are hard pressed to keep up. We cannot find ordinance 772 on line at this time. The resolution text has now been posted.
We reiterate the opinion the original $2 million loan to Dynamis violated the Idaho Constitutional prohibition of counties loaning funds or credit to private entities.
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Comments & Discussion
Comments are closed for this post.
Oct 22, 2012, 9:35 am
Can you say “Yzaguirre Recall”
Oct 22, 2012, 9:35 am
This is amazing! What don’t they understand? Criminal procedures need to be looked into and nip this in the butt.
Oct 22, 2012, 11:02 am
Someone thinks shes in divorse court.
Oct 22, 2012, 11:03 am
This seems like a much faster railroad job than Bieter’s trolley.
Oct 22, 2012, 11:16 am
Yes, zoning ordinances are ordinances, and cannot be changed via resolution.
Oct 22, 2012, 11:56 am
Perhaps the Secretary of State can look into this. He seems to be the only state political leader paying attention to laws these days.
I have to admit, sadly, that I’m not one bit surprised by these tactical maneuvers by Ada County to circumvent the laws/and-or save face (exluding Commissioner Case.) I advocate for a new county prosecuting attorney ASAP to compensate for our loss of the county engineer.
Enough is Enough!
Oct 22, 2012, 12:54 pm
This whole business has become absolutely surreal. I cannot believe the AG hasn’t stepped in. I’ve always known the Commission was self-serving from the planned community days, but this is even more blatant. I feel like I am watching a bad reality show. Thank God it’s an election year.
Oct 22, 2012, 3:19 pm
Looks like 772 may of turned into 797. I didn’t see the change in zoning. http://www.adaweb.net/LinkClick.aspx?fileticket=RtAPxsiDs48%3D&tabid=160
What I did find interesting is zoning requirements for power facilities, specifically Centralize Power Facilities. It states “minimum property size shall be forty (40) acres”. Also is says for Bio-Mass facilities, “(2) Mass burn facilities shall not use waste containing hazardous materials as a fuel source.”
I think tires are hazardous materials. I have to pay to dispose of them and they end up in a separate part of the landfill. Also the Dynamis lease is much less than the 40 acres. Am I wrong?
Oct 22, 2012, 5:33 pm
Dear Republican leaders: It is mostly Republicans who are upset by this slight of hand. We will hold all of you accountable
Oct 22, 2012, 11:42 pm
This is amazing how this is unfolding. It never stops. Can you imagine if we knew all the things Sharon and Rick have done?
Is anyone running against Greg Bower?
How are they going to find a county engineer that will approve Dynamis unless it is one from the Dynamis group?
Is the Auditor on the ballot? Evidentally he has no internal control, authority or policies to watch such spending?
And the county manager/director is covering for them too. He is not on the ballot, but maybe the new commissioners can take a look at his job duties and authority. Looks like he won’t be needed after the end of the year?
Can Dynamis be put on the ballot? The citizens don’t want it, but they do want the $2 million plus back.
Be careful who you vote for!!!
We’ve had commissioners that were honest, had common sense and had the citizens’ interests as their priority, so it can happen.
Oct 23, 2012, 1:13 pm
Where is this so-called investigator and the investigation that was supposed to be happening?
Someone should contact 60 Minutes or a national program like that and tell them what is going on and get some real publicity that might stop these people in their tracks. This is beyond outrageous.
Oct 23, 2012, 5:58 pm
Amazing!
Yes, Greg Bower has an opponent, and I encourage you and everyone else concerned about Dynamis and Ada County to vote for him. He is Ron Twilegar and according to some some recent polls he is leading against Bower. Please research him before you dismiss him as a viable candidate who will work well, I think, with two new commissioners from whatever party. (All good candidates.)
This is WAR, folks. Even the commishes said today that we should take our Dynamis complaints up with their legal advisers. Let’s follow their advice and do just that by electing a new Ada County prosecutor.
KTA-MERIDIAN
Oct 24, 2012, 10:17 am
Numerous emails have been sent by me to both Ted Argyle and Greg Bower pointing out the exact areas of law where this decision is lacking. Neither of them has chosen to reply. The resolution declaring this an industrial park was done in order to comply with the following regarding the lease:
TITLE 31
COUNTIES AND COUNTY LAW CHAPTER 8
POWERS AND DUTIES OF BOARD OF COMMISSIONERS 31-836.
Read that section. I don’t think the declaration makes it fit thus the lease is illegal. Amendment 772 made a lot of verbiage changes but significantly added a sentence to the land fill section declaring anything that reduces waste will be considered ancillary. Ted Argyle stated that Dynamis fits into the Ancillary definition. A power plant is not ancillary and is specifically prohibited in that area by current zoning standards. All these illegalities are going right through the prosecutors office with approval. A small amount of research will show these actions are not supported by law, yet they are approved. Something is truly wrong over at the Ada County prosecutors office.