Boundary County Planning and Zoning Commission

Minutes September 20, 2018

[Planning & Zoning minutes are transcribed from the conversation that takes place during the meeting. Topics are condensed, eliminating verbatim comment in order to condense the material. Key points are included in this extraction and all votes taken are recorded.]

At 6:00PM Chairman Caleb Davis identified the presence of a quorum, opened the Meeting, introduced the Commission members and presented the evening agenda.

Davis asked the Commission if there were any changes or corrections to be made to the Minutes of the August 16, 2018 meeting. There being none, Davis asked for a motion to approve the August 16 Minutes. Rob Woywod so moved, seconded by Wade Purdom, and there being no further discussion Davis called for a vote. The votes were as follows:

John Cranor - Absent, Tim Heenan - Aye, Scott Fuller - absent, Marciavee Cossette - Aye, Wade Purdom - Aye, Adam Isaac - Abstain, Rob Woywod - Aye, Ron Self- Abstain, Caleb Davis - Aye

Tally: Nay (0), Aye (5), Absent (2), Abstain (2)

The motion to approve the August 16 2018 meeting minutes was unanimous.

Staff suggested to Chairman Davis that a member of the public would like to make a statement to the Planning and Zoning Commission. Davis asked the individual to identify himself, saying that although the adenda for the meeting included a time for public comment it would be more appropriate to accept comment at this point rather than have someone wait until the end of the meeting before being able to speak. John Poland introduced himself and said he was concerned regarding what he considered to be junk being placed on his neighbor's property. The Planning and Zoning Commission said the County Ordinance 9B18LOV1 requires screening junkyard contents from view.

Poland said what good does that do if there is no regulatory action taken? Planning and Zoning Commission discussion agreed there is a problem when someone violates an ordinance and there is no repercussion. Mr. Poland ended by saying that he is of the opinion that if there are no controls in place to prevent this type of intrusion it will become public knowledge and Boundary County will become 'the Nation's dumping ground' - his opinion, his words.

Chairman Davis reminded the Commission that they had, in the last meeting, finalized the details in proposing an amendment to Ordinance 9B18LOV1, specifically (in 18-130) changes related to the definition of term limits for Planning and Zoning Commission members. He reminded everyone that these hearings were publicized in accordance with Idaho Code 67-6509 and Ordinance 9B18LOV1 Section 19 PUBLIC HEARINGS AND NOTIFICATION, and that subsequent to these hearings related to amending Ordinance 9B18LOV1 recommendations for approval of these changes would be scheduled for a County Commissioners hearing pursuant to Section 18.2.3.2.2.4.2. Recommend Approval as Amended.

Chairman Davis asked Staff for the application 18-130 Staff Report and Staff Analysis.
Staff said that the existing term limit of 2 terms (eight years) provides a reasonable length of time for someone to serve in the capacity of a Planning and Zoning Commissioner, but that to limit the time of service to eight years denies the county of the expertise gained in serving the county through a myriad of hearings and applications after the two terms have expired. An alternative approach would be to offer a Commission member the opportunity to serve longer, if the person wishes to do so, and thus be able to retain the experience this individual has in dealing with land use problems. The Staff Analysis reveals that the State of Idaho code provides for such an extension, provided the majority of the governing body concur in extending another term to an individual.

Davis thanked Staff and suggested that a review of the proposed changes will reveal that both the individual and the county can benefit from extended service. He then said that the proposed change does not promote serving less or more time but rather the option to serve longer, more than 2 terms, if the member wishes to do so. Then he asked for discussion and thoughts from the Commission members.

Staff said that what we have proposed by the Planning and Zoning Commission is Section 3.6.3. and the suggestion is that this be expanded to sub-sections 3.6.3.1. through 3.6.3.5.; the proposed change will retain most of 3.6.3. but would provide the opportunity for a member to serve a consecutive term if more than 2/3 of the members vote to retain the member - provided the member has expressed an interest in continuing to serve.

Planning and Zoning Commission member Ron Self moved to recommend for approval of Application 18-130, a request to amend Ordinance 9B18LOV1: "Section 3.6.3. (Term of Office) to provide for an elective continued term". (see below for the complete proposed text of Section 3.6.3., current and proposed.)
Adam Isaac asked to change the wording in proposed Section 3.6.3.4. to include, as in the State Statute, the provision for two full terms. Rob Woywod moved to amend the motion made by Self to include the word 'full' as suggested by Isaac. Ron Self seconded the amended motion and voting was as follows:

John Cranor - Absent, Tim Heenan - Aye, Scott Fuller - Absent, Marciavee Cossette - Aye, Wade Purdom - Aye, Adam Isaac - Aye, Rob Woywod - Aye, Ron Self- Aye, Caleb Davis - Aye

Tally: Nay (0), Aye (7), Abstain (0), Absent (2)

The motion to include the word 'full' in Section 3.6.3.4. as suggested by Isaac was unanimous.

Planning and Zoning Commission member Ron Self moved to recommend for approval of Application 18-130, a request to amend Ordinance 9B18LOV1: "Section 3.6.3. (Term of Office) to provide for an elective continued term". (see below for the complete proposed text of Section 3.6.3., current and proposed.) Rob Woywod seconded the motion and voting was as follows:

John Cranor - Absent, Tim Heenan - Aye, Scott Fuller - Absent, Marciavee Cossette - Aye, Wade Purdom - Aye, Adam Isaac - Aye, Rob Woywod - Aye, Ron Self- Aye, Caleb Davis - Aye

Tally: Nay (0), Aye (7), Abstain (0), Absent (2)

The motion to recommend for approval Application 18-130, a request to amend Ordinance 9B18LOV1: "Section 3.6.3. (Term of Office) to provide for an elective continued term" was unanimous.

Current (9B18LOV1)

3.6.3. Appointment/Term of Office/Qualification of Members: Members of the planning and zoning commission will be appointed by resolution of the board of county commissioners and will meet the residency requirements established at IC-67-6504. County commissioners may, at their discretion, also include area of residence within the county as an additional criterion so as to assure balanced representation. The appointing resolution will specify the effective date of appointment as well as the expiration of the term of appointment. Terms will be staggered so that no more than five terms expire within any two-year period. The term of office for members of the planning and zoning commission will be four years. Where a new member is appointed to fill a vacancy created by an expiring term, that member will be appointed to a full term. Where a new member is appointed to fill a vacancy created by resignation, that member will be appointed to complete the remainder of the term vacated. Membership shall be limited to not more than two full terms. (Highlights above represent bullet items 3.6.3.1., 3.6.3.2., and 3.6.3.3. below.)

Proposed (9B18LOV2)

3.6.3. Appointment/Term of Office/Qualification of Members: Members of the planning and zoning commission will be appointed by resolution of the board of county commissioners and will meet the residency requirements established at IC-67-6504. County commissioners may, at their discretion, also include area of residence within the county as an additional criterion so as to assure balanced representation. The appointing resolution will specify the effective date of appointment as well as the expiration of the term of appointment.

3.6.3.1. Terms will be staggered so that no more than five terms expire within any two-year period. The term of office for members of the planning and zoning commission will be four years.

3.6.3.2. Where a new member is appointed to fill a vacancy created by an expiring term, that member will be appointed to a full term. Where a new member is appointed to fill a vacancy created by resignation, that member will be appointed to complete the remainder of the term vacated.

3.6.3.3. Prior to the completion of the fourth year of a member’s term (in October of that year) a letter of intent to serve a subsequent (consecutive) term will be submitted to the Administrator and/or Chairman.

3.6.3.4. No member shall serve more than two (2) full consecutive terms without specific concurrence by a simple majority of the Planning and Zoning Commission adopted by motion and added to the minutes.

3.6.3.5. Upon review and presentation by interviewed applicants, the Planning and Zoning Commission may either direct Staff to seek additional letters of interest and table the review or forward to County Commissioners a recommendation as to who should fill any vacancy, made by motion and majority vote (see 3.6.3.4. above). The Administrator will forward the recommendation, along with all letters of interest submitted, to County Commissioners and set a date on the County Commissioners agenda for initial review. County Commissioners may:

1. make final decision based on the merits of the Planning and Zoning Commission recommendation and the content of the letter of interest, or
2. table a decision to allow for interviews with prospective members, or
3. direct the Administrator to seek additional letters of interest for consideration by the Planning and Zoning Commission.

The Planning and Zoning Commission then discussed the need for a workshop related to the Comprehensive Plan Map; This workshop is NOT intended to provide an updated Plan Map. How could it? But the workshop and its intended result, a planned zone update procedure, must facilitate zoning changes requested by individuals wanting to use their land in ways not provided for in the ordinance. A workshop is anticipated to provide a more cohesive set of guidelines intended to eliminate chaos in planning, provide strategies for coping with growth, and permitting change of those guidelines if they prove ineffective or counterproductive. This is a strong order and carries a lot of responsibility on the part of the Planning and Zoning Commission; no-one on the Planning and Zoning Commission is working on a private agenda; everyone wants the county to be successful in retaining its current beauty and the life style we all share and benefit from. It is to this end that the workshop seeks to understand everyone's viewpoint and work to keep our growth elastic while maintaining our unique life-style. It was agreed to schedule this workshop for 6PM on October 11 2018.

Wade Purdom moved to adjourn, Rob Woywod seconded, approved unanimously at 8:30 pm.

Transcribed by: John B. Moss