Boundary County Planning and Zoning
MINUTES
Special Meeting, November 5, 2008
Members present: Jake Negley, Tom Hollingsworth, Matt
Morgan, Henry McMahon, Doug Reoch. Members absent: Jan Christenson (called), Rod
Barcklay (called), Barry Davis, Bruce Behrman. Staff present: Mike Weland
- Hollingsworth opened the meeting at 5:30, and members
reviewed Section 3 of the proposed zoning and subdivision ordinance,
specifically violations and penalties. Members reviewed Phil Robinson’s
comments. Discussion was held on the difference between infractions and
misdemeanors, as well as the enforcement process. Steve Tanner stated that
imposing an infraction denied those accused of a trial by jury, and
imposition of the administrative penalty would cloud title without recourse
or appeal. Steve Shelman concurred, and said he favored keeping all
violations as misdemeanors. Wilma Wallace said she liked the proposal as
written, as it gave those in violation ample opportunity to correct a
violation before legal action was taken. After discussion, members concurred
with the establishment of the penalties as presented, noting that
infractions for lesser violations provided a more sure method for compelling
adherence without attaching a criminal penalty. Members concurred that
imposing jail time for misdemeanor planning violations was unreasonable, so
established that misdemeanors would be punishable by fine only.
- Members reviewed and amended Sections 5.1 and 5.2 as
annotated.
- The meeting adjourned at 8 p.m.