Citizens offer comments on new power rules

Written comment will be accepted by the Board of Elmore County Commissioners through Nov. 29 for an ordinance amending the Elmore County Zoning and Development Ordinance to allow electrical production by gas turbines, solar or wind power.

Energy Development Group, LLC, requested the zoning and development amendment to allow wind powered electrical generating facilities in an Agriculture A Zone.

The county's zoning and development ordinance contains a land use matrix and zoning district regulations designating land uses. The Elmore County Planning and Zoning Commission has recommended the ordinance be amended to allow certain types of electrical generating facilities in Agriculture A, Agriculture B, Light Manufacturing and Heavy Manufacturing zones.

The commissioners' room was nearly full Nov. 15, as County Commissioners, Mary Egusquiza, Calvin Ireland and Larry Rose, accepted input during a public hearing on amending the ordinance.

Representing the Exergy Development Group, Peter Richardson, from the law firm Richardson and O'Leary, said he felt the county had developed a good ordinance. Concerns of the airbase could easily be complied with, with protections factored in. He pointed out the amended ordinance would not give blanket approval, with each project requiring a conditional use permit.

However, Richardson said, he did find some paragraphs within the ordinance to be vague and ambiguous, in particular:

"Height restrictions of 'Electricity Generation Facilities/towers -- Natural Gas/Solar Cell/Wind Power' would be set by conditional use. Towers would be excluded in 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."

Richardson noted that 'towers' is not defined and the phrase 'other select areas' is too vague and ambiguous. Developers should be able to know up front if their project can be considered, before they get too far in the process, he said.

As the hearing opened for public input, the commissioners heard from nearly a dozen people offering testimony, most in favor of the amended ordinance.

K.C. Duerig, King Hill, stated he is in favor of the amendment and was particularly pleased to note the amendment states only certain types of electricity generating facilities are permitted in the zone -- facilities must use only natural gas, solar cells or wind power to produce electricity for sale, use or barter.

Lt. Col. Mark Fisher, director of staff, Mountain Home Air Force Base, explained the importance of height restrictions. He pointed out the challenges of instrument flight rules, and why anything over 99 feet tall is going to have a direct impact on radar approach procedures and FAA regulations.

While he did appreciate the requirement for an engineer to certify a project, he felt an aviation engineer would be more qualified to recognize the needs and concerns of pilots.

Bill Richey, the governor's special assistant for military affairs, noted the amended ordinance is "going where we want to go," especially the need for certain restrictions. This ordinance lets developers know of the concerns of the Air Force and other airports by pointing out special limitations would apply in the controlled air space. He pointed out Guard units also have concerns.

Tom Rist, Mountain Home, explained that although he serves on the city council, he was not representing the city or the council, but offering his personal opinion. He believed the paragraph in question is essential to the amended ordinance. All electricity generating facilities should require a conditional use, he said. He felt that the height restriction should be set at 99 feet from the base runway level, not 99 feet plus elevation.

Rist pointed out that the city had concerns for height restrictions around the municipal airport. He explained there had been a request to put a cell tower right at the end of the runway. He said he personally would like to see a 2-mile ban of areas around all of the county's landing strips.

Catheryn Brown, Mountain Home, said while she is in favor of developing alternative sources of energy, she is opposed to the location near the Air Force base. The base is an asset to the community, to the county and to the state. She believed there had been a buffer zone established around the base for a reason and stressed there should be a buffer zone maintained.

City councilwoman Alain Isaac, Mountain Home, pointed out that she was not representing the council but wished to speak as a business person of Mountain Home. She pointed out the long hard fight to secure the training range. She recalled the devastating effect on local businesses when there was a possibility of the base closing. Those episodes pointed out the importance of the base. With the concerns expressed by the Air Force, she feels we must listen to them. Height restrictions are a must, she said. She believes the 'controlled air space' should be spelled out.

Albert Clement, Mountain Home, said he retired as an air traffic controller. He wished to reiterate the importance of height restrictions. He stressed the importance of having a buffer zone in place. Concern is for the base and if we want to protect it and keep it in Elmore County, we must enforce height restrictions and set limitations for Mountain Home Air Force Base controlled air space.

Mayor Joe B. McNeal said he was speaking for the people of Mountain Home. His statement was not from the city officials or the council but from the citizens of the city. The base is important, and his main concern is for the people. People are telling him they do not want 300' towers. They do not want to sit in the middle of Mountain Home and have huge towers looming over them.

As mayor, he is opposed to the amending the ordinance that will allow towers under any conditions. The solution is simple he explained, if you want no towers, just say "No." He would like the county to fall back on its current ordinance-- where such projects are not allowed with or without conditional use permits. Don't allow conditional use permits, he urged. "Once a camel gets its nose under the tent, it's all over."

Pete Nielson, Mountain Home, pointed out that he has lived in harmony with the base for many years. He pointed out there is plenty of room in Elmore County where towers could be allowed without affecting the Air Force Base.

As Richardson stepped forward to offer a rebuttal, he emphasized that he and his clients don't want to jeopardize the Air Force Base. He noted the amended ordinance does require projects be certified by a licensed engineer employed by the applicant and approved by the county engineer at the expense of the applicant. He suggested an aviation engineer could qualify for the requirement. "We are just asking not to be precluded. It is not an 'us verses them;' it is not black and white," he said.

As the public testimony drew to a close, K.C. Duerig asked if the commissioners might consider adding a differential designation to the ordinance, noting a difference between private individuals wishing to use wind or solar power for their own use and large commercial projects.

The commissioners once again noted they would accept written comments on the ordinance amendment through Nov. 29 and weigh all the testimony before making a decision.