Status Update

FIRST, THE ROAD.

Back in December of 2006 when the county approved development of Hammer Flat, they did it on the condition that the developer gain access through a parcel of land owned by the State of Idaho Department of Transportation at the corner of Highway 21 and Warm Springs Avenue.  The land in question was acquired with Federal Money, and via eminent domain, for the construction of the new bridge and for future expansion opportunities.

In the intervening period, Idaho Transportation Department has maintained that the developer could have the necessary access provided they make ITD whole by constructing a grade separated interchange at that location.  To date, the developer has not presented any proposals or submitted any applications that comply with ITD’s requirement.

That does not mean there have been no meetings.  According to ITD employees, there have been repeated meetings between their staff and the developer.  However, and this will seem familiar to STP regulars, no plans are submitted for review, and no records are kept of the meetings.  To that end, ITD never has to comply with Freedom of Information Requests because no records have been kept.

Cutting to the chase, about four weeks ago STP received information from several sources that ITD contacted ACHD and said that, if ACHD wanted the property in question, ITD would begin the process of “Surplussing” the land.  This would transfer the title to ACHD so ACHD could grant access to the developer.   The initial call was made, of course, at the developer’s behest and turned ITD into a defacto agent of Skyline Development!

It took several calls, to find out: 

1.  ITD’s action violates ITD’s rules of administrative procedure,
2.  ACHD, to their credit, maintained their original position that the hot potato is ITD’s hot potato and ACHD is not going to participate in any behind the scenes subterfuge designed to cheat the public (Pats on the back to ACHD.). 
3.  ITD initiated the request to ACHD without an application in hand from the developer. 
4.  Need I mention that the traffic analysis the developer has been showing ITD in an effort to get the necessary right of way is a “NEW” traffic study?  By the word NEW it necessarily means that it is a different traffic study than the one they used to get conditional approval at the county level.  STP does not begrudge the developer this attempt, but we do expect our representatives at ITD and Ada County to not fall for such tricks.

Given the behind the scenes actions of ITD personnel, STP found the following gem about public involvement on the ITD website:

“The public involvement process includes both talking and listening, teaching and learning. While projects are not expected to be unanimously endorsed by every citizen, the transportation department is committed to the two-way information exchange as an indispensable part of a representative decision- making process. These decisions balance the need for safe and efficient transportation with the need to preserve economic, social and environmental conditions.”  (Emphasis Added.  STP)

To that end, let me make a suggestion.  Send a letter along the lines of the following.  And, tell you what.  Drop me and email when you send a letter as an effort to keep track of the effort.

______________

Date

Idaho Transportation Department - District 3
District Engineer, Dave Jones
8150 Chinden Boulevard
Boise 83707-2028

Dear Mr. Jones,

Several years ago, seven agencies, the Idaho State Land Board, Idaho Department of Fish and Game, the Bureau of Land Management, the Forest Service, Ada County, Boise County, and Boise City came together to formulate a pact called the (Boise) Foothills Policy Plan.  Six of the seven agencies, including both State agencies codified the plan.  The Foothills Policy Plan’s highest priority for open space maintenance and acquisition is the eastern foothills, including Hammer Flat. Boise City residents signified the popularity of the plan when they passed the Foothills Levy, the Plan’s funding mechanism, by a 60% to 40% margin. 

When Ada County approved a development in the eastern foothills called The Cliffs they stipulated a condition that the developer successfully gain access through a portion for land owned by ITD at the intersection of Hwy 21 and Warm Springs Avenue.  To that end, ITD has been placed, through no fault of its own, in a position to either support the popular Foothills Plan codified by the Idaho State Land Board and Idaho Fish and Game, or by granting access across ITD property, undermining the many years of hard fought, successful, negotiation of other state agencies for the benefit of all Idahoans.

On the Idaho Transportation Department website, I see the statement that ITD is “committed to the two-way information exchange as an indispensable part of a representative decision- making process.”  And that, public “decisions balance the need for safe and efficient transportation with the need to preserve economic, social and environmental conditions.”

To that end, if ITD chooses to entertain the possibility of granting access to The Cliffs across this property to the developer in question, I trust that ITD will hold open and honest hearings with a chance for the various city, county, state and federal agencies that originally codified the plan, as well as the people of Idaho and the Treasure Valley to provide guidance in your decision making process.  We depend on public servants such as you to make decisions that benefit all Idahoans.

Sincerely,

Signature

cc
State of Idaho Office of the Governor
Governor Butch Otter
P.O. Box 83720
Boise, Idaho 83720

Idaho Transportation Director - Pamela Lowe
3311 W. State St.,
P.O. Box 7129,
Boise, ID  83707-1129

____________________________________________________

Second – STP’s Day in Court

As anyone who has been following this saga knows by now, STP got pummeled when we asked for judicial review of the Board of Ada County Commissioners approval of the developer’s plans for Hammer Flat.

Most pointedly, we asked the judge to rule on two main issues. 

First, the planned community ordinance states that the developer “shall” mitigate wildlife according to recommendations by Idaho Department of Fish and Game.  Fish and Game told the developer and the county that the mitigation plan was inadequate.  So, when the BOCC ignored its own requirement, we thought we would get a judges opinion.

Second, during the hearing process, a member of the commissioner’s staff forwarded an email from the developer to the commissioners and several members of Development Services staff with recommendations for rebutting STP testimony.  We asked the judge to rule on whether or not that violated STP’s right to a fair and unbiased hearing.

In a nutshell, the judge said he didn’t care and that he didn’t think these events had any outcome on the commissioner’s ultimate decision. 

Long story short, the court awarded costs and fees to Ada County and Skyline Development.  In recent days, STP has paid $17,000 as punishment for daring to ask if it is acceptable for its elected representatives to ignore their own laws.

Ouch.

Sorry to say, expect one more fundraiser to help STP dig out of its legal/financial hole.

And, yes, STP is going to be very active leading up to the election this working to improve the responsiveness of our county commissioners.

Have a happy summer,

Regards,

SaveThePlateau.org

Save the Plateau's mission is to promote and coordinate activities designed to maintain and preserve the Hammer Flat Plateau as a viable habitat for deer, elk, eagles, and the variety of other species that inhabit this area in such abundance and rely on it for their winter survival.

Sincerely,
SaveThePlateau.org