Yesterday our County Commissioners decided to delay the hearing for the Land Use component of the Comprehensive Plan/map to give more time to hear the publics comments and decide how to handle nonconformities and Mixed use zoning along with other aspects of the updates from the planning commissioners that are proposed.
It was mentioned letters are not being property addressed when being sent so some confusion with the County Commissioners at the beginning since so many have addressed the asphalt plant with The Linscott name being attached.
If you have sent letters in the past PLEASE
RESEND LETTERS WITH
SUBJECT: AM007-24 Comp Plan Oppose Mixed Use on Nonconforming land
planning@bonnercountyid.gov
asia.williams@bonnercountyid.gov
Ron.korn@bonnercountyid.gov
Brian.domke@bonnercountyid.gov
Our request for an audit is being heard tomorrow where the County Commissioners will vote to decide if an audit it necessary.
You can speak during the beginning of the meeting at 10AM as public comment is first.
To zoom on Aug 13, tomorrow, at 10am
Here is our letter for that:
Re: Formal Request for Full Audit of Bonner County Revised Code (BCRC)
Dear County Commissioners and Jacob,
I am once again formally requesting a full audit of the Bonner County Revised Code (BCRC). The following timeline outlines why such an audit is both necessary and urgent:
In 2018, AM161-18 added the following provision:
“22. A batch plant is conditionally permitted only in an active gravel pit.”
However, this provision was later removed by declaratory judgment due to an open meeting violation. The court ordered it to be struck from the code, and it was.
Yet, on June 3, 2021, during a workshop where Milton withdrew the Mining Ordinance, a revised version of this provision was on display as if it were law:
“22. A batch plant shall only locate on an active gravel pit. A batch plant placed in a gravel pit shall be considered a separate, discrete use, and not the increased intensity of a grandfathered use to operate the gravel pit itself.”
This was deeply concerning. I immediately sent Milton proof that this language had never been properly adopted, never voted on, and had no legal authority to be included in the code.
In March 2022, nearly a year later, I was still working to get it removed.
Milton himself admitted he didn’t know how it was inserted or how it reached the codifier.
His only comment was a “staff error”
I contacted the codifier directly, but due to a transition between vendors, they could only trace the upload back to a @bonnercountyid.gov address—still no accountability.
Around the same time this unauthorized insertion was discovered, Linscott resigned from the Planning Commission and subsequently submitted his own amendment, AM004-21, which went to hearing in April 2022.
This incident proves that unauthorized changes can and have occurred. It raises serious concerns that other provisions in our code may also have been altered without public knowledge or due process.
I reiterate: a full, independent audit of the BCRC is necessary to ensure all laws currently on the books have been properly adopted through lawful and transparent procedures.
For the record, I would like to thank Bill Wilson for ultimately assisting in the removal of the illegal language. However, I must also express concern over his comment questioning why I wanted it removed and suggesting it might “help my cause.” I made it clear then, and repeat now: illegal code has no place in our law, regardless of who it may benefit.
I think this is extremely serious and with the lawsuits I have seen come out and knowing I put up with the same with public record request, and so forth, I think it’s time to make sure our laws are what were adopted properly.
Jonna Plante
Sagle