MINUTES

Boundary County Planning and Zoning Commission

December 19, 2002

Members present: Marc Paulson, Jane Kirby, Mary Ann Luedtke, Jim Paulus, Donna Standley, Jacob Epstein, Toby Schnuerle.

Members absent: Doug Reoch, Lon Merrifield.

Staff Present: Mike Weland

1. Chairman Paulus called the meeting to order at 5:30 p.m. and called for reading of the October minutes. Kirby moved to waive reading and approve the minutes as mailed. Paulson seconded and the motion carried unanimously.

2. Toby Schnuerle was introduced.

3. Paulus opened discussion on AM 02-01. Staff advised that the last motion called for re-submitting the application to county commissioners in January. He stated that the new members of the commission take office January 13 and that the next meeting of the planning and zoning commission was January 16. Members stated they wanted the application submitted to the new board of commissioners. Paulus asked if there was further discussion on the content; staff advised that any material change in the proposal would require that an additional public hearing be held. Epstein stated he had concerns and said he felt it would be wise to conduct another in-depth review before submission. Epstein said he had concerns with Chapter 2, Section 3, in that the misdemeanor penalty recurs daily. He stated he did not feel that would be supported. He asked about the possibility of assessing the penalty as a lien on property, which would cloud title and force resolution of violations prior to the sale of property. Staff stated that all misdemeanor enforcement was at the discretion of the prosecutor, and that to his knowledge, no misdemeanor over a zoning violation had ever gone to court. Epstein stated he also advocated requiring that zoning certificates be posted at building sites during construction and that all contractors, not just electricians, be prohibited from working unless such notice is posted. Schnuerle stated that, as a contractor, it’s hard to take seriously a certificate that costs $10. Were the fee higher, he said, it would be deemed more important, but he understood the desire to keep restrictions and costs to a minimum. Paulson stated he favored sending the application forward as it was written, saying it was a move in the right direction. After further discussion Kirby made motion to forward the application as originally proposed to the new Board of County Commissioners. Luedtke seconded. Epstein voted “nay,” all other members voted, “aye,” and the motion carried.

4. Discussion was opened on upcoming vacancies. Paulus asked staff if any word had been received from Doug Reoch regarding not attending the meeting, staff stated there had not. After discussion, Luedtke made motion to forward a recommendation to the commissioners that Reoch be removed from the planning and zoning commission for absenteeism, Kirby seconded. During discussion, Paulson asked if Reoch had been notified that such recommendation was being considered, staff stated he hadn’t. Epstein and Standley agreed that he should be notified as a courtesy before such action was taken. Kirby agreed and withdrew her second. The motion was stricken, and staff was directed to so inform Reoch.  Kirby stated that she had informed staff of her desire to serve another term after her current term expires January 31. She stated that she had researched the issue of conflict of interest as her husband is a commissioner-elect, and received an opinion from ICRIMP that there would be none. Members welcomed her decision and the opinion. Staff stated that Merrifield informed the office he would not seek an additional term when his expires January 31. Staff stated that the letter of interest from Rod Barcklay, which had been the commission’s earlier nominee, had been retained, and that the letter could be resubmitted or we could re-open the search for letters of interest. Luedtke made motion to resubmit Rod Barcklay’s letter of interest to the new Board of County Commissioners January 13, Kirby seconded and the motion carried unanimously.

5. Paulus opened discussion on review of enforcement actions. Staff noted that while the report indicates that all but one of the complaints were marked “resolved,” resolution of some of the cases had been resolved by being forwarded to the prosecutor and were therefore no longer matters of concern for planning and zoning. Paulus asked for details on the Brian Wood complaint, staff stated he did not recollect the specifics but could pull the file and provide that information. Members said the information summary on enforcement actions was beneficial.

6. Under old/unscheduled business, Standley stated that both her and Jim Paulus’s terms would expire in one year, and she stated that she would not seek reappointment. She said the two positions are the chair and co-chair, and recommended the commission address this. Staff stated that members could elect officers at the next meeting and that he would schedule election on the next agenda.

7. There being no further business, Kirby made motion to adjourn; Epstein seconded and the motion carried unanimously. The meeting adjourned at 6:45 p.m.