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Wednesday, August 27, 2014

They got handcuffed

Posted Wednesday, June 10, 2009, at 4:17 PM

You could see the frustration on the faces of the county commissioners when Prosecuting Attorney, Kristina Schindele, who serves as the commissioner's lawyer, advised them that they had to deal with the nuclear plant rezone issue solely based on whether or not the land should be rezoned as heavy industrial, without being able to consider the purpose for which the rezone had been made.

Earlier in this process, this paper had asked the former administrator of the county's Growth and Development Office, if the rezone could be made conditional upon the fact that only a nuclear power plant could be built on the land, and had been advised that it could.

Schindele's advice, which she was asked to review in more detail before next Monday's meeting, meant that if the rezone is approved, the land could theoretically be used for any heavy industrial use. And that seemed to frustrate the commissioners, who had met to publicly discuss the rezone, and wanted to be able to discuss the entire package, the rezone and the developer's agreement involving construction of the nuclear plant.

In effect, they were going to have to make a rezone decision (which could be limited to four years) in a vacuum.

If they approved the rezone, the subsequent conditional use permit (required for all industrial uses) and the more detailed developer's agreement could impose significant restrictions and conditions on the AEHI nuclear plant proposal. But apparently, unlike what we'd been told before, they couldn't be tied together.

Commissioner Rose likened it to putting the cart before the horse, and he was right. Not being able to consider the purpose for the rezone when making the decision was a serious handicap. We had endorsed the nuclear plant in the belief that the rezone could be limited to that specific use. We have no general objections to nuclear power and the plant would have a very small "footprint," beyond its borders, but that can't be said for many other potential heavy industrial uses. Even allowing for the fact that any other use would require a conditional use permit, which could be highly restrictive, Shindele's interpretation of the law opens the door to a path that we're not certain would be a good idea here.

Schindele also was asked to review seemingly contradictory language in the county's land use comprehensive plan regarding siting for heavy industrial uses. One interpretation would allow only those uses in the Simco Road area, which if true, is insane, since most heavy industries require large amounts of water and there functionally isn't any available in that area.

Land use law is some of the most complex you can ever deal with. And planning is crystal ball gazing. Even the best of the ordinances and land use plans are usually wide open for interpretation and wind up trying to deal with unforeseen issues. It's tough to look down the road and see what people are going to want to use the land for. When the original zoning ordinances for the county were created in the early '90s, for example, a nuclear power plant wasn't even close to being on anyone's radar.

If nothing else, this request by AEHI has pointed out a number of flaws in the county's comprehensive plan and zoning ordinances, which the county is almost certain to address when this specific issue is resolved, so some good will come from all the controversy.

But Schindele's advice has to be seen by supporters of the plant as a setback. As a limited complete package -- rezone, conditional use permit and developer's agreement -- our guess is it would have a better chance (no guarantees, but a better chance). But if the law requires each step to be taken in isolation, which seems to be a poor way of doing business, then we suspect the chances of approval are lower.

It looks like a lot is going to depend on what Schindele tells the commissioners next Monday (June 15) after she's had a chance to research the issues in greater depth.

-- Kelly Everitt


Comments
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If this decision is tainted by it being nuclear or not, the wrong motivations will be entered. You and most others here are evidence that emotions fuel the fire more than logic and reasoning. If the bigger picture is involved, the issue becomes exponentially more complex and dont tell me that 3 commissioners have the knowledge, time, and expertise to tackle that. By taking the issue in isolation, fewer factors are taken into account. This matters because then the emotions and predispositions are left out or at least minimized. Elected officials and commissioners are expected to be OBJECTIVE and reasonable. By letting them have bias, they pollute this process and so are no better equipped than any of us who write blogs.

-- Posted by twilcox1978 on Wed, Jun 10, 2009, at 11:45 PM

They are not handcuffed at all. Any decent land use attorney knows that Idaho state law allows rezone approvals to be conditional and AEHI submitted the use, a nuclear plant, and only use with their application. If ultimately cancelled the land reverts to ag. This information was apparently ignored due to faulty legal advice.

-- Posted by Retired exec on Thu, Jun 11, 2009, at 8:55 AM

Retired Exec...the land will NOT just simply revert back to ag! You were told this at a public hearing by Bonnie Sharp. You are simply not being truthful. She stated that if the land was zoned to M2 and AEHI did not build that in order to restore the land BACK to ag there would have to be public hearings, etc. She very clearly stated that no matter what...IT WOULD NOT JUST REVERT BACK FOR AEHI'S FAILURE TO PERFORM!!!

So, none of us are stupid here. M2 is worth FAR more than ag. Why would the owner of that land, if the rezone was approved, allow/agree to have that land go back to ag if M2 would bring him more money for that property? He would not allow it is the honest response and that was stated by one of the AEHI people at a hearing as well.

Be honest there RE for a change. What you say here will still not change the fact that AEHI has more outstanding debt than money in the bank. Those are the facts.

-- Posted by OpinionMissy on Thu, Jun 11, 2009, at 9:58 AM

If the land owner owns the land .... so why not let him do what he pleases? OM did you paint your house? The same principle applies to this issue... No one complained with you changing your home so why complain if the land owner wants a change? Isnt that what the campaign of our President was based on? TIME FOR CHANGE!! Well it is time for us Native Idahoans to accept that the the 60s,70s,80s,and the 90s are over. Time to jump into the 21st century.

Idaho is a beautiful state with much to offer. Alot of people complain about the Californians ruining our state... Nobody is ruining Idaho but may God help you if you are trying to better Idaho because narrow minded people still believe Nuclear power is bad but those same poeple believe in fairies, trolls, dragons, and many other imaginary figures..

Have a great day!!!!

-- Posted by nail_pounder on Thu, Jun 11, 2009, at 10:30 AM

PS. I am headed to work maybe some of you serious bloggers who dont have jobs might want to look in the classifieds instead of sitting in front of your computers complaining about everything and everyone.. I have an idea maybe you could go volunteer at the Vet Center and listen to the sacrifies they have taken part of and witnessed when they where fighting for you freedom, liberty and for the pursuit happiness..

I am deeply grateful to the men and women who have served this country so that my kids can be what ever they choose to be.

-- Posted by nail_pounder on Thu, Jun 11, 2009, at 10:39 AM

Kristina Schindele should step off the plate and look to someone who practices "land" law. Maybe then she could get it right.

-- Posted by Spudn8tor on Thu, Jun 11, 2009, at 3:03 PM

Re:nail_pounder...I do not think that it is fair of you to try to bring American Pride into this discussion forum and assume that no one in here understands. I for one am 7 months pregnant and my husband gets on a plane for Iraq in 19 days. Maybe you should be the one to re-evaluate yourself and realize that just because most people don't throw around their involvment with/in the military into the public, that no one but you and yours have had involvment in it.

With that said, both sides were scolded at the last debate meeting that we had on this issue if ever we uttered a word about what would be going onto this land. We were kept on a 6" leash about the pro's and con's of this rezone. So how is it then that the commissioners can take into account what would be going on the property when all we were "aloud" to voice on was the property itself. I think they are getting side-tracked by issues that are not on the table yet. With respect, if they are considering the use with the rezone then we should be able to voice about the use with the rezone. It should be a level playing field, maybe they are forgetting how this is supposed to work?

-- Posted by farmerswife on Thu, Jun 11, 2009, at 3:21 PM

Dear Farmers Wife,

Wow I was trying to give some of the bloggers that have nothing to do but sit here and complain about everything not just this subject to do something productive with thier time to better our communities.. I applaud soldiers and the families that must stay here while they defend our freedoms. I currently have siblings of mine in Iraq. But I will bring up my pride in my country because this issue is part of it.. I get sick and tired of everytime people want to create new industries to help everyone in Idaho there tends to be people that are against it.. Idaho Power is buying power from other states at the present time at a large increase and who gets stuck paying for that extra cost????? YOU and I are the ones to make it up because like all businesses they arent going to take a cut in their profits. Plus companies continue to look past the Boise area to build manufacturing plants because Idaho Power doesnt have enough power..These jobs are lost due to Idaho Power not preparing for the future..but what do i know?

So who else is trying to jump start our economy and keep stable jobs in Idaho?

Congrats on your pregnancy and I hope your husband comes back and can enjoy being a Daddy.

-- Posted by nail_pounder on Thu, Jun 11, 2009, at 3:48 PM

Just a thought here, read the actual application for the rezone. I did shortly after it was submitted. The actual wording in the application did state that the land would revert back to AG if power plant wasnt built. I'm not a lawyer, but I'm thinking that would be pretty binding if it is written that way. I have to agree with with nail_pounder, the owner of the land should be able to make the decision about their land. I personally think that the commissioners should approve the rezone, the conditional use permits should be approved, and the power plant should be built. Oh yea, nail_pounder, I do have a full time job

-- Posted by KRKJR on Thu, Jun 11, 2009, at 6:39 PM

Schindler sounds out of her leage on this. I hope she does her homework because this company deserves a chance to build a power plant and people to work.

-- Posted by walmart_greeter on Thu, Jun 11, 2009, at 7:07 PM

Nail pounder, most of us on here do work and work more than 1 job.

KRKJR, I have attended all of the hearings on this matter. Bonnie Sharp stated that the land would NOT simply revert back to ag. There is a process and it is not that simple but think as you will. For those of you who think that land owners have a right to do as they please...wait till the junkyard opens up next door to you or behind your house. Good luck with that. When it is in your backyard...it will matter a bit more I am sure.

-- Posted by OpinionMissy on Thu, Jun 11, 2009, at 7:25 PM

OM, I also attended all the meetings. All I said was perhaps you should read the rezone application to see for yourself what it contains and how its worded.

-- Posted by KRKJR on Fri, Jun 12, 2009, at 6:46 AM

I have read the Rezone Application. I have even posted some of the wording. That still does not change the fact that it was stated, by Bonnie Sharp, that a hearing would be needed to revert back to ag from M2 and she felt that a land owner would not allow it because there is more value in M2 zoning. The rezone application also states that no hazardous materials will be stored on site and that no hazardous materials and/or wastes will be involved in the existing operation (pg. 2, 10b), proposed operation, etc. Does that make it so? Heck no! The actual Elmore County Growth and Development (revised 6/18/08) Zoning Change Application says NOTHING about the land reverting back to ag if the plant is not built. However, AEHI's documents state that...BIG difference! Our own P & Z have said it will not happen this way. So, who do I believe? P & Z as opposed to AEHI because AEHI has proved time and time again that they are NOT able to tell the truth or present factual information. MIT graduate? Please! Review the letter of September 24, 2008 from IDWR regarding the water situation. There is also an interesting letter from Idaho Fish and Game as well.

I can only hope the ECC's can see beyond all of these false promises and lies.

-- Posted by OpinionMissy on Fri, Jun 12, 2009, at 10:25 AM

This is all rediculous, if people would simply do their jobs as they are supposed to and stop shoving their foot in any door available this process would go much more smoothly.

WE NEED MORE POWER! Enough said right? We all know this fact, Idaho does not have enough power. No one else is willing to do anything about this but AEHI. Some people say that the wind tourbines kill too many birds and that the constant humming drives away deer and such larger animals, using water is bad because it takes away water from the fish, solar power is rediculously expensive on that scale and uses more acreage than the other 2 options do. At some point we must make a decision to let someone in or turn our power off. Personally, I like my stove, tv and a/c. The nuclear plants are in practice in other regions and the vast majority of people here don't mind those right? Now that you may have to pass it on a relatively repetative basis it's not satisfactory? Doesn't it create the same power, isn't it the same thing done other places? Yes I know, key words...other places. Not your back yard, not beside your street, not here right? If no one ever wanted the smell of cattle in their house there would be no dairy farms. If this town did not get used to the sound of planes from the base, either we or the base would not be here. It's not that we are all unwilling to budge...it's that some of us are not willing to let someone new in this town because it is feared that it will be something that we cannot live our normal lives around. Think about the common sense of this and come to your own conclusion but personally I think this is all rediculous. We have to budge for something and I don't see anyone else coming in here with the money, know how and desire to come to our town with a different option.

-- Posted by farmerswife on Fri, Jun 12, 2009, at 3:08 PM

farmerswife...Idaho Power does not seem to feel there is nearly the problem that you feel there is. AEHI and money? Was that a joke? Why does Elmore County ALWAYS get stuck with all of the CRAP that nobody else wants? Dumps and nuclear waste...boy we will be the "hot spot" of Idaho and everyone will want to live here. Think beyond the false promises of jobs and remember that Idaho will NOT pay the price demanded for the power from this. So, how are we better off if we say "yes" to this? Common sense. Yes, try to allow that to prevail here.

-- Posted by OpinionMissy on Fri, Jun 12, 2009, at 4:21 PM

Opinion Missy, how scurrilous for you to say Gillispie can't tell the truth. You supposedly saw him push Liz Woodruff and claimed he weighed 250 pounds. I think YOU weigh closer to 250 pounds than Gillispie! (Yeah, I've gone over lots of posts here.) The police investigated and found nothing. You also wrote in the Banter Box on June 11: " the good people of MH, GF, etc. were not as "stupid and uneducated" as you [Gillspie] thought/stated we were."

HOLD ON A SEC! Did Gillispie REALLY ever use the words "stupid and uneducated" that you CLEARLY attribute to him UTTERING?? Where did we state those words? When? To whom? Is there a transcript or recording you can back it up with? 'Cause your mouth wrote a check that you can't cash. Pay up or shut up.

You PUT WORDS in the mouths other people that they never ever said. YOU are the on who as no credibility!!!! You can bet I'm bookmarking this post for future reference. It will come in handy.

Ima watchin' what you say, lady, and you should too!

-- Posted by mouthy_broad on Sat, Jun 13, 2009, at 12:01 AM

I have spoken to Don Gillispie on numerous occasions. I have caught him backtracking and not keeping his story straight. Errors happen, I know. So that is why I came at him from different viewpoints. Him and his partner in crime are used car salesmen that need to back their rhetoric up a bit better. His economic claims are largely exaggerated. I can supply convincing and logical reasons why if needed. I just dont want to monopolize this blog.

-- Posted by twilcox1978 on Sat, Jun 13, 2009, at 1:06 AM

Mouthy:

It was stated at the GF "public" meeting. You know...the one where the doctor was arrested for pushing someone that he never pushed (according to the child of that man and the doctor). As far as me making the statement that Gillespie had pushed/shoved Liz...I SAID I WAS NOT THERE but that there was a room of people who saw it. I clearly stated that I DID NOT attend that CC meeting because I was at work. So, you get your crap in order MB. As far as Don's weight while I may have been off (but I do not think I was) it hardly makes me a liar. Liz is still only 100 pounds and a grown man has no right to touch anyone. As far as the police fully looking into the situation, yeah right! It is funny that the officer who arrested the doctor also saw the Liz shove and DID NOTHING!!!

"HOLD ON A SEC! Did Gillispie REALLY ever use the words "stupid and uneducated" that you CLEARLY attribute to him UTTERING?? Where did WE (my emphasis added to the WE) state those words?"

So Don or other AEHI flunky...you are watching what I say. And? Was this before or after you took money or stock from this company while involved in other ways with this project? Just wondering. Small town and people talk. How does it feel to sell yourself off to the devil and try to pass it off to the people of MH as a good deal. I kind of thought you had more class and some values. I was clearly off with that one.

-- Posted by OpinionMissy on Sat, Jun 13, 2009, at 10:50 AM

Regarding AEHI and how honest they are. What I have posted below is directly from a letter October 22, 2008 to the ECC's, P & Z Commission and Growth and Development and is on AEHI letterhead (it is a 3 page letter):

..."Idaho Statutes clearly state that Development Agreements (DA) are not required for zoning ordinance amendments. The statute indicates that when a DA is adopted, that the governing board shall adopt ordinance provisions governing the creation, form, recording, modification, enforcement and termination of "conditional commitments." The State Statute does not mandate "commitments contained in the DA be completed within a two year period." DA commitments, by statute are to allow for a "reasonable commitment times" as dictated by the scope and complexity of the project being considered."

"State Statutes do, however, mandate that if a governing board adopts a zoning classification pursuant to a request by a property owner that the governing board SHALL NOT SUBSEQUENTLY REVERSE ITS ACTION OR OTHERWISE CHANGE THE ZONING CLASSIFICATION OF SAID PROPERTY WITHOUT THE CONSENT IN WRITING OF THE CURRENT PROPERTY OWNER (my emphasis added) for a period of four (4) years from the date the governing board adopted said individual property owner's request for a zoning classification change. It further states that, if the governing body does reverse its action or otherwise change the zoning classification of said property during the above four (4) year period without the current property owner's CONSENT IN WRITING (my emphasis added), THE CURRENT OWNER SHALL HAVE STANDING IN A COURT OF COMPETENT JURISDICTION TO ENFORCE PROVISIONS OF THIS SECTION (my emphasis added)."

"This is the section that conflicts with Elmore County Code and the section the County's legal council failed to disclose. Elmore County Code states that a development agreement may be terminated by the County and the zoning designation upon which the use is based may be reversed, upon the failure of the owner, developer, or each subsequent owner or each person acquiring an interest in the subject lot or parcel to comply with the "commitments" in the agreement within 2 years.".......

"Based on the facts presented in this document, AEHI immediately requests withdrawal of the Development Application effective October 22, 2008. We will not relinquish our legal rights granted by the State of Idaho. We respectfully request that the Board immediately look into this matter, as to the County's non disclosure was unwarranted when the County should have taken a neutral position and disclosed all facts in a candid and upfront manner. We also request that our DA application fees and associated application fees be refunded." ........

Yep, sure sounds like that land will just "revert" back to Ag after Don takes us for a ride. Oh and by the way...the above letter was signed by Don Gillispie Chairman & CEO himself. So, why would an honest man lie to the people of Elmore County regarding these facts after he, himself had sent such a letter? Open and honest my backside! Wake up people. This is not a nice man that wants to do good things for our community.

RE, guess you forgot this. Public record is such a GREAT thing and you never know what you will find. SURPRISE!!!!!

-- Posted by OpinionMissy on Sat, Jun 13, 2009, at 2:02 PM

I love the vindication. LOVE IT LOVE IT LOVE IT!!!

OK, Opinion Missy, WHEN did Gillispie say anyone was STUPID and UNEDUCATED??? You can't answer because YOU MADE IT UP. You just fling out "at the Glenns Ferry meeting" but you cannot produce any transcript or recording to back it up. You shoot off your mouth, hoping something will stick, and counting on enough people agreeing with you that eventually it just becomes part of the "public record" in this little echo chamber. Maybe some of your friends will come by and swear they heard Gillispie say it too, if they are as careless as you are about their credibility. A lie is a lie is a lie. Back it up and this Mouthy Broad will eat her words. Betchya can't!

OK, one gotcha worked. I types "w" intead of "h," wrote "we" instead of "he" Oooooooooooo.... must be time for Freudian psychoanalysis. Better get some mileage out of that so you don't have to address your LIES!.

For the record, I am against nuclear power.

-- Posted by mouthy_broad on Sat, Jun 13, 2009, at 2:22 PM

It was at the GF "public" meeting. Review the tape. It was right around the time he said he was an MIT graduate...WHEN HE WAS NOT! I am many things but a liar I am not. Mouthy, why not address the above letter by your hero? Oh, you do not deal in facts. Have a nice day. Maybe work on that press release some as this probably will not play out well before the public. Spin, spin, spin Mouthy and I HIGHLY doubt you are anti nuke but nice try.

-- Posted by OpinionMissy on Sat, Jun 13, 2009, at 4:28 PM

Vindication? Really? You called me the liar. You listen to the tape. This is not the first time this issue has come up and by the people who were there. MIT grad! Revert back to Ag. Please. For someone anti nuke you are after the wrong person. How do you remember all of your screen names and passwords? Do you not know that the MHN knows who posts and where those posts come from? Oh wait...I am going to debate with some of the same people who never had an attorney review their Zoning Change Application. Please, spare me. I have been at this for a while and worked on different issues. Many have called me a liar but nobody can seem to produce the proof. Guess that letter turning up has really made you mad. It is the little details!

-- Posted by OpinionMissy on Sat, Jun 13, 2009, at 4:43 PM

Oh and Mouthy...I am not even close to 250 pounds much less 150 pounds (wet). In your words...a lie is a lie right? Your credibility sucks and you hide behind a screen name. At least when I state something I have the guts to back it up with the facts and my name. Nice try Mouthy AEHI employee/stockholder but I am not falling for your crap! Keep up your good work---you look better and better each day. Have a nice day. Thanks for your comments on the letter. Your lack of a response speaks volumes!

-- Posted by OpinionMissy on Mon, Jun 15, 2009, at 9:03 AM

I think Farmerswife got it right, not many would take a chance on Elmore county/Mountain home. If they screw this up, then this place will continue to just tread water. They are way out of their leauge on this and will screw the pooch. Bet.I don't get you Missy.

-- Posted by Paul Revere on Mon, Jun 15, 2009, at 3:14 PM

So the whole fate of weather or not we get a clean, renewable and cost effective source of energy that also stimulates the economy rests on the fact that Gillispie isnt a true MIT grad ? Missy, where did you graduate from ? Just currious.

Thanks. I myself only have an ASC. Degree, working on my BA. Seems like people are splitting hairs. Remember the story about throwing rocks...

-- Posted by Paul Revere on Tue, Jun 16, 2009, at 10:19 AM

I have 2 college degrees. I graduated from a private school and a university.

"Splitting hairs" really? I viewed Don's lack of truth as a lie not throwing stones. So, you do not "get me" and I really do not "get you." He was asked a pretty pointed question (because we knew the truth) and made the choice to lie?

I am not pro Obama nor am I pro Daley or for any gun bans. I like my guns. As far as fixing Chicago...it is like MH. Have a nice day.

-- Posted by OpinionMissy on Tue, Jun 16, 2009, at 12:09 PM

Well, you seem quick to diss things, I haven't seen you post alot of ideas, just critisicism.

I only attend school because the Air Force requires it. Most people with degrees I find tend to get in the way. Working class people have always made the difference and carried the burden for the masses. I knew you had college degrees, it comes across in your snobbish communication.

-- Posted by Paul Revere on Tue, Jun 16, 2009, at 1:13 PM

Whatever Paul Revere. There we go with the throwing stones and 5th grader mentality. Congratulations whomever you claim to be. Have a nice day.

-- Posted by OpinionMissy on Tue, Jun 16, 2009, at 1:30 PM

A spade is a spade right ?

-- Posted by Paul Revere on Tue, Jun 16, 2009, at 3:30 PM

Bazooka, you were/are right on. And when the rules do not fit the "plan" then rewrite the rules to fit the needs of the few. More than a few palms have been paid here. Oh, and do not change the rules at the start----wait months and months while billing the taxpayers. Yeah, it is in conflict but not if we change the rules. Way to go Connie, Larry and Arlie. I am with Courtney Ireland on this one (her LTE in the paper today). Way to represent and set an example. You 3 should be ashamed but in politics I know this is a "feeling" you are most certainly lacking. Mr. Mason probably should have been here to provide you with support. No wait, he was part of the problem. Yes, what a mess we are in and I am sure it will only be made worse.

Yes, a spade is a spade.

-- Posted by OpinionMissy on Wed, Jun 17, 2009, at 9:30 AM

Much less 150lbs (wet) OM? HA...that statement right there makes you a liar!!! Im sure a threat of a lawsuit will surface at this point, but I just couldnt help myself....

-- Posted by BorninMH on Wed, Jun 17, 2009, at 11:42 AM

Besides missy, this place will never be a "hot spot" dumps and nuke plants aside.

-- Posted by Paul Revere on Wed, Jun 17, 2009, at 4:13 PM

BIMH, really? You are a complete and total idiot. You are a joke. Bring the scale. I drop 12 pounds each month. Come on...bring the scale. Loser.

-- Posted by OpinionMissy on Wed, Jun 17, 2009, at 7:21 PM

Thank you Mike...I was after some easy money but BIMH never does have the guts to follow through since her slanderous remarks a while back. I guess she is back under her rock again...

-- Posted by OpinionMissy on Sat, Jun 20, 2009, at 12:28 PM

This is getting ridiculous! Can we please learn to spell names? The Prosecutor's name is Kristina Schindele!!! Not Christina or Kristin or Kris...it's Kristina!! Her last name is Schindele. Not Shindele, Schindler, Schindel. How would you like it if your name was blatantly mispelled and misrepresented time and time again by an editor who obviously has a problem with the Prosecutor!

-- Posted by lss75 on Wed, Dec 16, 2009, at 11:45 PM


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