Commissioners broke law by approving plan
Several years ago nearly 400 people petitioned the Boundary County commissioners to not approve a development that did not meet the present zoning restrictions. The commissioners did so anyway.
Due to the heated reaction, the commissioners called for a review of the comprehensive plan and asked the citizens of Boundary County to assist the planning and zoning board in creating an up-to- date-plan.
After two years of very hard work and a lot of argument, the plan was presented to the commissioners for approval. It did not take long for commissioner Dinning to say, “well, I don’t like it.”
The whole plan was rendered, gutted and thrown out by the commissioners. Instead of sending the plan back to the planning and zoning board with their recommendations, the commissioners decided to make their own plan in what they called a workshop.
By a letter of caution, it was pointed out that the plan by Idaho statues, was to come from the planning and zoning board and not a workshop of the commissioners. The commissioners brought in three members of planning and zoning to apparently legitimize their workshop. This does not create a quorum of planning and zoning members, according to Idaho Statue Title 67, chapter 65,67-6504.
Even if all members were there, it was not at a planning and zoning meeting, but a workshop held by the commissioners. Eventually, the commissioners passed their plan without conducting a public notice and a public hearing. This is a violation of 67-6509, (a).
Stated in Idaho Statutes, Title 67 chapter 65, 65-6508, planning duties: It shall be the duty of the planning and zoning commission to conduct a comprehensive planning process designed to prepare, implement, review and update a comprehensive plan, hereafter referred to as the plan.
Again the Idaho statute does not provide for a plan to be created by the commissioners in a workshop. It is the duty of planning and zoning.
This Boundary County Comprehensive Plan, conceived and born in the commissioners workshop, is bogus and is not in compliance with the Idaho statutes. This includes the associated ordinances attached to the plan.
If the county officials want the local citizens to abide by the rules, then the commissioners and the planning and zoning board should also abide by the rules. Because the legitimacy of the plan is questionable, future court cases may be brought against the taxpayers of Boundary County.
How do we get out of this mess? Under 65-6509, (a), repeal this present plan and take it back to planning and zoning board, review it and hold a public meeting, then present it to the county commissioners. Just do the plan right by Idaho statutes.
Clarence Jones
Bonners Ferry