Boundary County Planning and Zoning Commission

MINUTES

Special meeting September 10, 2008

Members present: Jake Negley, Tom Hollingsworth, Jan Christenson, Rod Barcklay, Bruce Behrman, Henry McMahon, Doug Reoch, Matt Morgan. Members absent: Barry Davis. Staff present: Mike Weland

The meeting opened in the jury room and moved to the courtroom to accommodate attendance. Discussion was held on the process for accepting public comment, and review was held of sections previously reviewed in earlier workshops.

Members concurred with changes made to Section 1, but on Section 2 discussion was held on Section 2.5.4; filling vacancies. Christenson agreed with a P&Z review of potential applicants, but felt it important to assure that commissioners received all letters of interest. Members concurred and the Section was amended to establish that requirement.

Review was held of Section 3, and discussion held on 3.9: Violations and Penalties. Steve Shelman raised question as to whether a county could establish Administrative and Infraction penalties pursuant to IC 67-6527, which establishes that “a violation … may be declared a misdemeanor …” Shelman contended that violations of the zoning ordinance should be limited solely to misdemeanors. Concerns regarding the administrative penalty were raised over the potential to place an encumbrance on a deed without due process and the possibility of such action constituting a taking. Hollingsworth asked why such penalties additional to a misdemeanor were necessary; Reoch and Negley felt that such lesser penalties were needed if the intent was to provide effective enforcement.

Following considerable discussion, Section 3.9.1 was flagged for legal review, staff was directed to obtain enforcement provisions from other Idaho counties and the Section was tabled for further discussion.

The meeting was adjourned at 7:55 p.m.