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Wind decision delayed again |
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Tuesday, 03 June 2008 |
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By Emily Hone BLACKFOOT — The long awaited decision on a special use permit for a wind power project in the Wolverine area will have to wait a while longer due to failure on the part of a Planning & Zoning Commission member to declare a potential conflict of interest.
 Morning News - Emily Hone
Ridgeline Energy Vice President Rich Rayhill, left, and his attorney Tim Hopkins, right, talk with landowner Jack Webb, center, and zoning department head Alan Jensen, back to camera, following an announcement Monday by Bingham County Commission Chairman Wayne Brower that a decision on the company’s special use permit for Ridgeline’s wind power project would not be forthcoming.
Set to make a decision Monday on whether they would uphold or overturn on appeal of the P&Z board’s April 23 decision granting Ridgeline Energy LLC, the SUP for 150 wind turbines in a Natural Resources/Agriculture Zone in the mountains east of Blackfoot, the county commissioners instead ordered another public hearing before P&Z.
Commission Chairman Wayne Brower said the reason is that new P&Z member Larry Kohler of Shelley failed to declare a potential conflict of interest at the start of the public hearing on April 23 at which he voted for the wind project.
He said Kohler owns land adjacent to the wind power corridor.
Zoning Administrator Melodie Halstead said because property owners who will be impacted by the project have to be renotified and the public hearings must be readvertised, it could be a month to six weeks before they can be rescheduled.
“We already have six public hearings scheduled for this month,” Halstead said. “I’ll have to check with my staff for an available date.”
The commissioners said because it’s the county’s problem, the county will pay for the readvertising and waive subsequent appeal fees.
Ridgeline Vice President Rich Rayhill was philosophical about the delay. “We have to go through the process and do it correctly,” Rayhill said, “but we are confident that we will prevail given the need to find alternate sources of energy and the soundness of our project.”
Rayhill said also, they’re sure Kohler did not intend any wrongdoing by failing to declare a potential conflict of interest.
Brower said the potential conflict was only discovered Monday morning by zoning department head Alan Jensen.
“We’re not pointing fingers at Mr. Kohler, and we’re sure he didn’t intend any wrong,” Brower said. “He’s new to the board and the wind project was his first meeting. He hadn’t had time to attend any workshops or any type of orientation on planning and zoning issues.”
On the recommendation of Deputy County Prosecutor Eileen McGovern, the commissioners remanded the decision with instructions to P&Z to hold a public hearing at which Kohler would declare his potential conflict, and the board would vote on whether the members believes he does or does not have one.
They would then take another vote on Ridgeline’s application for the SUP.
The vote at the April 23 hearing approving the SUP was 4-3 with Kohler one of those voting in favor and Chairman Merril Blake not voting.
Blake has since resigned as chairman and Vice Chair Hortense Nelson, who made the motion to approve, has taken over his position.
The question of an SUP for the project has already gone through three sessions of public hearing before the P&Z Board and two sessions before the County Commissioners who were hearing an appeal of the zoning board’s decision filed by opponents of the project.
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Last Updated ( Wednesday, 04 June 2008 )
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