It's not broken, but let's fix it anyway

Perhaps the most insidious and diabolical changes ever made to governments in history began with the dubious or even patently false claim that something is broken and needs to be fixed. Before that claim is made, the government officials planning to bring the change will have been misusing their positions of power to "break" the system. This is to build public acceptance that all will be lost if change is not had. The phrase "If it isn't broken, government will fix it until it is" is an observation of the tactic in use.

Kootenai County is aggressively using this ploy against the county citizens in an effort to silence objections of their land use code rewrite. The primary talking point now being used by the county and the consultant hired to write the code was laid out in the first paragraph of a CdA Press story two weeks ago "Todd Messenger stated it plain. 'Your ordinances are broken. I'm here to help.'" Why would he (and the county) keep saying that, other than to make sure the statement becomes accepted as fact and nobody would question the veracity of the claim? After all, if something is broken, we have to let it be fixed, right? But is it broken, or have they been breaking it?

The planning department has been misconstruing and abusing the language and intent of the existing code for years now in an effort to condition the public to unquestioningly accept that a total overhaul of the code is needed to gain relief. The department has been putting the screws to every application they can, from building to site disturbance to land use processes, claiming that the existing code won't allow whatever it is that is being applied for, and then telling people "things will get better as soon as we change the rules, our hands are tied by this outdated, restrictive code."

This is a lie. The case law is clear, and the county is allowed nearly unlimited latitude in how they enforce and interpret their codes. The code, while not perfect, had worked quite well for decades until Scott Clark became the planning director. If the reign of "NO!" under his regime is an indicator of how the proposed new code will be enforced, how are we believe that "The new code will provide a clear path to yes" as has been claimed repeatedly by the consultant, Kendig Keast Collaborative? The proposed new code would transfer a staggering amount of control from property owners to the planning director. And it has been under his direction that staff has been choking the use of property in a malicious effort to gain support for change. Sadly, the county commissioners have been (one can only hope unwittingly!) backing his dirty plays.

For example, last Thursday the commissioners upheld the Scott Clark's new "interpretation" of yet another section of the code. The existing code was not changed, but the county is now increasing home setback distance requirements from private roads, adding greatly to the cost of building a home on a hillside. This arbitrary change will make new homes on hillsides appear as tall, protruding eyesores, increasing the clamor for the rules to be changed. According to the builder who had challenged Scott Clark's decision, the plan backfired. Because he can't justify the added cost that would come from the increased setback and the forty foot high front wall he would have to build, there will be no jobs created on that project this year, and the fully developed lot will sit empty.

Even more alarming is that in recent years Scott Clark has been requiring hillsides to be unnecessarily gouged open in projects above the lakes or in the view of major population areas. The community then assumes "greedy developers" are the culprit, and demands that the rules be changed to stop the destruction of our county. Just ask any engineer or the owner of any development that created such an eyesore if they were shocked that the planning director required the huge cuts and fills to gain approval, when the codes clearly allowed for a less intrusive and far less costly design that the developer wanted to use.

These types of tactics have been used in some fashion by nearly every despot in history, and everyone who has ever observed it in hindsight is amazed by how well it worked and how the public didn't see it until it was too late. Google "Stalin and the chicken story" and ask yourself if Kootenai County citizens have become the chicken, plucked alive in the hope that we will accept the new "salvation" being foisted on us.

The enemy here is not property owners trying to use or develop their land, nor is it concerned neighbors who just want land to be used reasonably and unobtrusively. Far more concerning are the out of state interests working in concert to pit us all against each other. Why did an out of state foundation give tens of thousands to KEA to help them steer the writing of our comp plan? Why were agenda driven consulting firms from out of state recruited to write both the comp plan and now the code? The two commissioners pushing hardest for the changes are also fairly new to Idaho, from Texas and Redmond, California. Why did our planning director live with his family in Washington, and only stay locally during the week for convenience? Shouldn't we have a planning director that has some ties to our community?

A couple years ago a planner made it clear they would rather not be seen talking to me where Scott Clark could see but not hear the conversation. When I asked why the planner indicated in a vague way that they did not want to be suspected of leaking information about what was going on in the planning department. Is it because they believe that if Scott suspects they might expose his directives and agenda they will be fired? They will say nothing and he knows it, because he controls their livelihood. And soon, if he is able to pull this off, he will control much more.

So what can be done to stop this Machiavellian plot? The only thing that might stop them is exposure of their methods and true agenda. Send this to a friend, or better, a dozen of your neighbors! Spread the word, and if you know someone who has been a victim of this process, write a letter to the editor. Call the Commissioners at 446-1600 and urge them to start over. If Kendig Keast is allowed to complete the process, the hearings at the end will be a sham with a foregone conclusion. Show up at the meetings and speak out, because nothing short of a public outcry will stop the momentum. The only thing we have to fear is that good men and women will stay silent and our property rights will be lost forever.

Larry Spencer is a former candidate for Kootenai County Commission who resides in Hayden.