The Board of County Commissioners of Washington County, Idaho, does hereby meet this 21st day of April 2025.

IN THE MATTER OF ROLL CALL)

Donna White, Clerk, called roll call: Gordon Wilkerson, present; Jim Harberd, present; and Nate Marvin, present.

Jim Harberd opened the meeting and led the Pledge of Allegiance. Gordon Wilkerson gave the invocation.

IN THE MATTER OF CORRESPONDENCE/MEETINGS AND REPORTS)

Correspondence received by the Board was reviewed and disseminated as required.

Gordon Wilkerson informed the Board that Bention Construction is ready for the Board to conduct a walkthrough of the Annex Building.

Gordon Wilkerson moved, seconded by Jim Harberd, to approve an Alcohol Beverage Catering Permit Application for Sunnyside Farms and Events, LLC doing business as Sunnyside Sips to be used May 23, 2025. Motion carried.

Gordon Wilkerson moved, seconded by Nate Marvin, to approve an Alcohol Beverage Catering Permit Application for Sunnyside Farms and Events, LLC doing business as Sunnyside Sips to be used May 25, 2025. Motion carried.

Gordon Wilkerson moved, seconded by Nate Marvin, to approve a Demand Warrant payable to HDR Engineering in the amount of $4,996.20 for Cove Road Bridge engineering services. Motion carried.

Nate Marvin moved, seconded by Gordon Wilkerson, to approve an Alcohol Beverage Catering Permit Application for Sunnyside Farms and Events, LLC doing business as Sunnyside Sips to be used May 3, 2025. Motion carried.

Jim Harberd discussed bids received for the air-conditioning unit for the Prosecutors’ Office. Building and Grounds Supervisor, Cesar Carbajal, will request a second quote from B & W.

Nate Marvin moved, seconded by Gordon Wilkerson, to approve and sign a Grant Sponsorship Letter to Mellon Foundation for the Washington County Fair. Motion carried.

Gordon Wilkerson moved, seconded by Nate Marvin, to approve the Owner Responsibility and Maintenance Agreement of Noxious Weeds/Vegetation of Washington County Roadside Right-of-Way between Washington County and Peggy Tiedemann. Motion carried.

Jim Harberd moved, seconded by Gordon Wilkerson, to approve Beniton Change Order PCCO #022 in the amount of $913.53. Motion carried.

Gordon Wilkerson moved, seconded by Nate Marvin, to approve Beniton Change Order PCCO #023 for a credit of $1,757.00. Motion carried.

Nate Marvin moved, seconded by Gordon Wilkerson, to approve the Beniton Change Order PCCO #021 in the amount of $6,088.35. Motion carried.

Nate Marvin moved, seconded by Gordon Wilkerson, to approve the Amendment to Access Idaho Services Agreement. Motion carried.

IN THE MATTER OF MINUTES)

The minutes of the Board not heretofore approved of April 14, 2025, were approved as written.

IN THE MATTER OF ROAD & BRIDGE/SOLID WASTE)

Jerod Odoms, Road and Bridge/Solid Waste Supervisor, met with the Board. Odoms provided a department update to the Board. Odoms stated the Beaver Creek Bridge Project is moving forward. Odoms discussed the status of various bridge projects.

IN THE MATTER OF PROSECUTING ATTORNEY OFFICE)

Randy Hibbard, City of Weiser Mayor, met with the Board. Mayor Hibbard addressed the Board and read a statement on the record. Mayor thanked the Board for the opportunity to address the Board. Mayor Hibbard read a statement on the record regarding the County’s request to rezone a residential property to commercial. Hibbard stated that since there was not a County representative present at the City Planning and Zoning hearing, the rezone request was denied. Hibbard further stated that the County went ahead with their

plans for the property and turned it into office space. Hibbard continued and stated that the County could take the matter to an Administrative Court where a judgement would be rendered, reapply to City Planning and Zoning for the rezone, or the City of Weiser could take Washington County to court. If the matter were to go to court, a judge will resolve the issue, it would be an onerous and destructive manner to reach a conclusion. Mayor stated he would like a decision from the Board in two weeks.

IN THE MATTER OF AMBULANCE)

Jim Harberd moved, seconded by Gordon Wilkerson, to recess as the Board of Washington County Commissioners and convene as the Board of the Weiser Ambulance District. Motion carried unanimous.

Donna White, Clerk, called roll call: Gordon Wilkerson, present; Jim Harberd, present; and Nate Marvin, present.

Alan Foster, Ambulance District Director, met with the Board. Order No. 25-27 for payroll expenses in the amount of $31,996.58 and Order No. 25-28 for general expenses in the amount of $10,149.66 was presented to the Board for review. Foster discussed the purchase of additional equipment for the district to be purchased with grant funding from the State.

Jim Harberd moved, seconded by Gordon Wilkerson, to approve Order No. 25-27 for payroll expenses in the amount of $31,996.58. Motion carried.

Nate moved, seconded by Gordon Wilkerson, to approve Order No. 25-28 for general expenses in the amount of $10,149.66. Motion carried.

Jim Harberd moved, seconded by Gordon Wilkerson, to recess as the Board of the Weiser Ambulance District and reconvene as Board of Washington County Commissioners. Motion carried unanimous.

Donna White, Clerk, roll call: Gordon Wilkerson, present; Jim Harberd, present; and Nate Marvin, present.

IN THE MATTER OF PLANNING AND ZONING)

Bonnie Brent-Dowell, Planning and Zoning Administrator, met with the Board. Brent- Dowell reviewed the George and Jeri Soulier Special Use Request with the Board. Brent- Dowell stated that the Planning and Zoning Commission recommended approval of the request.

Gordon Wilkerson moved, seconded by Nate Marvin, to go into executive session at 10:36 a.m. in accordance with I.C. 74-206(1)(f) to communicate with legal counsel for the public agency to discuss the legal ramifications of and legal options for pending litigation, or controversies not yet being litigated but imminently likely to be litigated.

The mere presence of legal counsel at an executive session does not satisfy this requirement. Motion carried unanimous. Gordon Wilkerson, Aye; Jim Harberd, Aye; Nate Marvin, Aye.

Jim Harberd stated they were out of executive session at 10:45 a.m.

Wilkerson stated there were concerns with the application as it was presented in the fact that the application was listed under “temporary living quarters such as that necessary for dependent relatives of the property owner.” Wilkerson stated that is not what he understood the application to be for. Wilkerson further stated that in order to “clean it up” we will look at the application using, “farm and ranch houses additional to that which is otherwise permitted if necessary to house farm laborers for the operation of the ranch or farm.”

Brent-Dowell stated that was what the application was for (“farm and ranch houses additional to that which is otherwise permitted if necessary to house farm laborers for the operation of the ranch or farm.”) Brent-Dowell stated that was listed in several places of the application.

Gordon Wilkerson moved, seconded by Nate Marvin, to approve George and Jeri Soulier Special Use Request for Farm and Ranch House temporary housing. Motion carried.

Bren-Dowell discussed the Bruce Winegar Variance Request. Brent-Dowell stated that the request is for a split of .51 acres. Brent-Dowell further stated that the Planning and Zoning Commission recommended denial per the following: The Standards for considering a Variance in Washington County Code 5-18-4(d) and Idaho Code 67-6516 have not been met. The applicant did not prove an undue hardship.

Brent-Dowell read portion of 5-18-4-d2 regarding an undue hardship. There are exceptional or extraordinary circumstances or conditions applicable to the property involved causing undue hardship which, so that a denial of the relief sought, will result in: a. Undue loss in value of the property.

Inability to preserve the property rights of the owner.
Such hardship shall be proven by the owner.

Brent-Dowell added that 5-18-4(d) reads: “The commission shall consider variances to the terms of this title which will not be contrary to the public interest or comprehensive plan, where, owing to special conditions, a literal enforcement of the provisions of this title will result in unnecessary hardship and under such conditions that the spirit of this title shall be observed and substantial justice done. A variance shall not be considered a right or special privilege but may be granted to an applicant only upon showing of undue hardship because of characteristics of the site and that the variance is not in conflict with the public interest. In acting upon such variance, the commission shall make full investigation and shall only recommend granting a variance upon finding that the following are true.” Brent-Dowell stated that item number 2 addresses the hardship.

Marvin inquired if Southwest District required at least one acre for wells and drain fields.

Brent-Dowell stated that she believed that was the reason for the one-acre minimum lot size to keep wells and septics from cross contamination. Brent-Dowell further stated that the applicant did speak with Southwest District Health who said that because a replacement drain field would not fit on the .51 acres, the applicant would need to grant an easement.

Marvin stated that he did see where the applicant was willing to grant an easement for the drain field and the back-up drain field.

Harberd questioned why the applicant did not include a larger portion of the property where the pivot is located.

Wilkerson questioned the definition of an undue hardship.

Marvin stated that per County Code, the hardship is to be proven by the property owner.

Brent-Dowell re-stated that in 5-18-4(d) (2) it reads: “There are exceptional or extraordinary circumstances or conditions applicable to the property involved causing undue hardship which, so that a denial of the relief sought, will result in:

Undue loss in value of the property.
1. Inability to preserve the property rights of the owner.
1. Such hardship shall be proven by the owner.”

Gordon Wilkerson moved, seconded by Jim Harberd, to go into executive session at 10:58 a.m. in accordance with I.C. 74-206(1)(f) to communicate with legal counsel for the public agency to discuss the legal ramifications of and legal options for pending litigation, or controversies not yet being litigated but imminently likely to be litigated. The mere presence of legal counsel at an executive session does not satisfy this requirement. Motion carried unanimous. Gordon Wilkerson, Aye; Jim Harberd, Aye; Nate Marvin, Nye.

Jim Harberd stated they were out of executive session at 11:17 a.m.

Marvin stated he would like Bruce Winegar, the applicant, to meet with the Board.

Gordon Wilkerson moved, seconded by Nate Marvin, to request Bruce Wineger to explain the hardship per his application to the Commissioners. Motion carried.

Brent-Dowell stated that she thought a hearing would need to be scheduled in order for the Board to gather additional/new information.

There was discussion regarding the building inspector cell phone billing as it was not planned for in the current budget. The Board agreed to pay the building inspector cell phone charges from the telephone line of the Planning and Zoning budget.

IN THE MATTER OF PROSECUTING ATTORNEY)

True Pearce, Prosecuting Attorney, met with the Board.

Jim Harberd moved, seconded by Nate Marvin, to go into executive session at 11:27 a.m. in accordance with I.C. 74-206(1) (f) to communicate with legal counsel for the public agency to discuss the legal ramifications of and legal options for pending litigation, or controversies not yet being litigated but imminently likely to be litigated. The mere presence of legal counsel at an executive session does not satisfy this requirement. Motion carried unanimous. Gordon Wilkerson, Aye; Jim Harberd, Aye; Nate Marvin, Aye.

Jim Harberd stated they were out of executive session at 1:03 p.m.

Motion by Nate Marvin, seconded by Jim Harberd, and unanimously carried to recess at 1:04 p.m. until April 28, 2025, at 8:45 a.m.

Chairman, Board of County Commissioners

ATTEST:

Clerk

A full audio recording of the Commissioner Meeting is available at the Clerk’s Office upon request.