HomeMy Public PortalAbout2022.08.01 Valley County Letter Valley County Board of Commissioners
P.O. Box 1350 .219 N. Main Street Phone(208)382-7100
Cascade, Idaho 83611-1350 Fax (208)382-7107
ELTING G.HASBROUCK EDGAR ALLEN
Chairman of the Board Commissioner
ehasbrouck@co.valley.id.us eallen(.&co.valley,id.us
SHERRY MAUPIN DOUGLAS A.MILLER
Commissioner Clerk
smaupinnco.valleyiy 'd.us dmilleraco.valley,id.
July 25, 2022
Mayor Bob Giles
Council President-Colby Nielsen TvV5
Councilor Lyle Nelson ��i
Councilor Julie Thrower
Councilor Mike Maciaszek �uU
216 E. Park Street
McCall , ID 83638
Re: Cougar Island
Dear Mayor Giles and Councilors,
We have received and reviewed your letter dated July 20, 2022, encouraging Valley County to
take certain actions regarding Cougar Island prior to the upcoming state sponsored auction.As you
are aware, the Valley County Board of Commissioners has publicly opposed the private
development of Cougar Island for all the reasons that you cite in your most recent letters to Valley
County and the Idaho Land Board. Accordingly, we are in full support of taking appropriate and
effective steps to protect Cougar Island.
As we explained in our July 05, 2022 letter to you, we have been considering the option of
designating Cougar Island as an Area of Critical Concern. However, the relevant ordinance we
must operate within presents a potential legal roadblock for Valley County. Specifically, the
ordinance that was adopted by the City of McCall and then later incorporated into the Valley
County Subdivision Ordinance provides the following: McCall City Code 9-7-08 "Hazardous or
unique areas may be designated as an area of critical concern by the city council or by the state
of Idaho(emphasis added)."As you can see from the plain language of the ordinance,the authority
to make such a designation excludes Valley County.
McCall's website detailing the process for designating Areas of Critical Concern proclaims that it
is the McCall City Council that possesses the necessary authority to take action within the area of
impact. For example, the following excerpt was copied from McCall City's website:
i
Chapter 7 of the Subdivision Code sets Special Subdivision Development Standards with
the purpose to identify various types of developments that normally pose special concerns
to the city when reviewing and acting upon subdivision requests. Section
9.7.08 specifically provides for the City Council to designate areas of critical concern,
including areas within the area of city impact outside the city boundaries.
https://www.mccall.id.us/AOCC (emphasis added).
Your most recent letter acknowledges the jurisdictional issue that clouds the process for
accomplishing what we both want, to protect Cougar Island. Given so many complex legal
uncertainties and the gravity of the issue that both the city and the county are confronted with, we
sincerely hope you will consider taking the necessary steps to annex Cougar Island. By taking such
an action, which is contemplated and encouraged for parcels lying within a city's area of impact,
it will erase all doubt about jurisdiction and which governing body has the appropriate authority
to act.
The Board pledges its full support and cooperation in your efforts to protect important and
sensitive land within or surrounding Payette Lake, especially Cougar Island. It is clear to us
that the most prudent path forward is for Valley County to play a supportive role in your
efforts to annex Cougar Island (and potentially other areas) and impose the necessary
environmental restrictions you deem appropriate.
Sincerely,
ELTI4 HASBROUCK
Chairman, Board of County Commissioners
SHERRY MAUPIN
Commissioner, Board of County Commissioners
,CA-4L- 7�
EE;'G4 ALLEN
Commissioner, Board of County Commissioners