05/05/2025 BOCC minutes

The Board of County Commissioners of Washington County, Idaho, does hereby meet this 5th day of May, 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. Nate Marvin reported that he will attend the Fair Board meeting later this week.

Gordon Wilkerson reported that he will attend the SREDA (Snake River Economic Development Alliance) and the Weiser Soil Conservation District meeting this week. Wilkersson stated that he attended an American Forest Resource Council meeting last week in Emmett. Wilkerson reviewed the discussion regarding timber sales and production. Wilkerson discussed House Bill 389 regarding Wild Land Fires.

Jim Harberd moved, seconded by Gordon Wilkerson, to approve the Retail Alcoholic Beverage License Application for Dirty Burger, LLC located at 114 East Main Street, Weiser, Idaho. Motion carried.

Jim Harberd moved, seconded by Nate Marvin, to approve the request from the Washington County Veterans to add names to the WWII Memorial Wall in the Courthouse. Motion carried.

Harberd reviewed bids from Comfort Zone and B & W Heating and Cooling for the Prosecutors’ Office.

Nate Marvin moved, seconded by Gordon Wilkerson, to approve the bid from B & W Heating and Cooling in the amount of $6.650.00 for a heating and cooling unit to be installed in the Prosecuting Attorney’s Office. Motion carried.

The Board discussed dues payable to the American Forest Resource Council in the amount of $600.00. Payment to the American Forest Resource Council will be approved with upcoming claims.

IN THE MATTER OF MINUTES)

The minutes of the Board, not heretofore approved of April 28, 2025, were approved as amended.

IN THE MATTER OF ROAD & BRIDGE/SOLID WASTE)

Jerod Odoms, Road and Bridge/Solid Waste Supervisor, met with the Board. Odoms presented an Application and Permit to Use Right-of-Way, Utilities to the Board for approval.

Nate Marvin moved, seconded by Gordon Wilkerson, to approve the Application and Permit to Use Right-of-Way, Utilities. Motion carried.

Odoms reported that the LHTAC (Local Highway Technical Assistance Council) has requested additional information regarding Cove Road Bridge. Odoms provided a copy of the Scope of Work for Construction Engineering, Inspection and Sampling Services. Odoms stated a Construction Engineer will need to be selected. Odoms requested the Board provide names of persons of potential committee members.

Marvin suggested Jim Harberd, Gordon Wilkerson, Mike Campbell with the City of Weiser, or Jim Ashley with Payette County Road and Bridge as potential committee members.

Harberd suggested Odoms reach out to Odo Grande as a potential member. Harberd stated he would be on the selection committee.

Odoms discussed an email from ITD (Idaho Transportation Department) regarding a random sampling of roadways. Odoms discussed un-permitted access on Devil’s Elbow Road and stated that he will discuss the issue with True Pearce, Prosecuting Attorney.

There was discussion regarding drainage near Fraizer Road. Odoms provided a department update to the Board.

Marvin discussed a call regarding possible development on Stagecoach Road. Odoms stated he was aware and that a permit has not been issued.

IN THE MATTER OF ELECTED OFFICIALS AND DEPARTMENT HEADS)

Donna White, Clerk, provided budget paperwork to the department heads. Paperwork is due back to the Clerk’s Office no later than May 26, 2025.

Debbie Moxley-Potter, Assessor, reported her office has completed the move to the Annex Building. Moxley-Potter stated that the assessment drive has begun and employee interviews will be conducted today.

Sabina Young, Treasurer, stated that Reminder Notices are being sent out regarding the June 20, 2025, property tax deadline. Young reminded the Board of the Public Hearing regarding Pending Issue for Tax Deed to be held later today.

Bonnie Davis, Weed Superintendent, informed the Board that the tablets for GPS work have been purchased. Davis stated the first project has been completed and three projects are scheduled this week. Davis further stated that the Rodent and Weed Board meetings will be held next week.

Dahlia Stender, Juvenile Probation Supervisor, stated that the probation review was completed last week. Stender stated that good feedback was received. Stender stated that the final report will be sent to the Board.

Robert Peterson, Information Technology Director, reported that the temporary phone and internet connection has been replaced between the Courthouse and the Annex Building. Peterson informed the Board that M2 is still working on the cameras in the Annex building. Peterson stated that a monitor will be installed in the Magistrate Office to allow staff to monitor the area.

Tyler O,Donnell, Extension Educator, informed the Board that weigh-ins for beef and pigs was last week. O’Donnell stated that the drone class was well attended. O’Donnell informed the Board that Pat Momont, District Director, retired as of the end of April.

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. 25-29 for payroll expenses in the amount of $33,967.28 and Order No. 25-30 for general expenses in the amount of $6,330.14 was presented to the Board for review. Foster informed the Board that the Ambulance District will participate in the Community Health Fair this week in Weiser and will be on site during Hells Canyon Days in Cambridge.

Nate Marvin moved, seconded by Gordon Wilkerson, to approve Order No. 25-29 for payroll expenses in the amount of $33,967.28. Motion carried.

Nate Marvin moved, seconded by Gordon Wilkerson, to approve Order No. 25-30 for general expenses in the amount of $6,330.14. 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.

Jim Harberd moved, seconded by Nate Marvin, to go into executive session at 10:16 a.m. in accordance with I.C. 74-206(1(a & b) to consider hiring a public officer, employee, staff member or individual agent. This paragraph does not apply to filling a vacancy in an elective office, (b) to consider the evaluation, dismissal or disciplining of, or to hear complaints or charges brought against, a public officer, employee, staff member or individual agent, or public school student; and (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 10:58 a.m.

Jim Harberd moved, seconded by Nate Marvin, to amend the original motion to go into executive session at 10:16 a.m. in accordance with I.C. 74-206(1(a & b) to consider hiring a public officer, employee, staff member or individual agent. This paragraph does not apply to filling a vacancy in an elective office, (b) to consider the evaluation, dismissal or disciplining of, or to hear complaints or charges brought against, a public officer, employee, staff member or individual agent, or public school student. Motion carried unanimous. Gordon Wilkerson, Aye; Jim Harberd, Aye; Nate Marvin, Aye.

IN THE MATTER OF COMMISSIONER EXEMPTIONS)

Debbie Moxley-Potter, Assessor, met with the Board. Moxley- Potter informed the Board that Pacific Fiber and AFC Finishing have one year remaining on their exemption at 50%. The Board reviewed the exemptions allowed under Idaho Code 63-602B, 63-602C, 63-602E, and 63-602NN.

Nate Marvin moved, seconded by Gordon Wilkerson, to approve the Commissioner Exemptions as presented by Debbie Moxley-Potter, Assessor, to include the golf course and the Weiser Rodeo Association. Motion carried.

IN THE MATTER OF PROSECUTING ATTORNEY)

True Pearce, Prosecuting Attorney, met with the Board. Pearce informed the Board that his office was approached by a citizen(s) to provide copies of documents to the public that are discussed during open meetings.

Pearce read a letter to the Board on the record regarding the interpretation of County Code received from Holland & Hart, LLP. Pearce also read the third-party review of the accuracy and legal reasonableness of the memorandum, dated April 7, 2025 (the “Memo”), prepared by you (Pearce) and the Washington County Prosecuting Attorney’s Office from Mary V. York, Partner, and Kyle A, Kindred, Associate with Holland and Hart, LLP

Pearce requested executive session to discuss pending litigation against the County in the Moye Suit.

Jim Harberd moved, seconded by Gordon Wilkerson, to go into executive session at 11:39 a.m. in accordance with I.C. 74-206(1) (a & b) to consider hiring a public officer, employee, staff member or individual agent. This paragraph does not apply to filling a vacancy in an elective office, (b) to consider the evaluation, dismissal or disciplining of, or to hear complaints or charges brought against, a public officer, employee, staff member or individual agent, or public school student; (c) to conduct deliberations concerning labor negotiations or to acquire an interest in real property which is not owned by a public agency; and (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 1:06 p.m.

IN THE MATTER OF PUBLIC HEARING, PENDING ISSUE FOR TAX DEED)

Jim Harberd opened the Public Hearing at 1:07 p.m. and read the Public Notice on the record as follows:

NOTICE IS HEREBY GIVEN to each of the owners or claimants on the property herein above described that under the provisions of Revenue Laws of the State of Idaho, the County Treasurer, as Tax Collector of Washington County in said State, is deemed to be the purchaser, in trust, as of the first day of January 2021 on certain property described in a delinquency entry made in respect of unpaid taxes for the year 2021. YOU ARE FURTHER NOTIFIED that if said delinquency is not redeemed on or before May 5, 2025, by payment to the Washington County Treasurer, of said unpaid taxes together with late charge, interest, all costs and expenses up to the date of this notice, I, as Treasurer and Tax Collector for Washington County, State of Idaho, shall thereupon, as required by law, make application to the Board of County Commissioners of Washington County, State of Idaho, for a Tax Deed to issue on the herein described property in favor of Washington County with absolute title, free of all encumbrances, except any lien for taxes which may have attached subsequently to the assessment herein above referred to. NOTICE OF HEARING a hearing shall be held on said application before the Board of County Commissioners on May 5, 2025, at 1:00 PM or as soon thereafter as said

application can be heard, at 256 E Court Street, Weiser, Idaho, for a Tax Deed conveying the above-described property to said Washington County, State of Idaho. YOU ARE FURTHER NOTIFIED that the record owner or owners or any party of interest as defined by section 63-1005, Idaho Code, may appear in person or by counsel, and if appearing, shall have adequate opportunity to be heard, to confront and cross-examine any witness or evidence appearing therein, and to obtain any present evidence on behalf of said record owner or owners or said party of interest. All inquiries or objections shall be directed to the Washington County Treasurer, Washington County Courthouse, 256 E Court Street, Weiser, Idaho, 83672, (208) 414-0324, no later than 5 working days prior to the hearing date noted above. * Totals are subject to additional advertising expenses & costs per IC 63-1005(3) and shall be added to the TOTAL amount due.

RPW0400014007A, LOTS 7 & 8 BLK 14 FRUITVALE ADDITION, 1023 STATE ST.

Sabrina Young, Treasurer, stated there is one delinquent property tax parcel that is up for tax deed. Young stated that this is a parcel that has delinquent property taxes as of 2021 and forward. Young informed the Board that the Affidavit of Compliance was filed on April 17, 2025. Young stated that the deeded owners are deceased, and the heirs did not want to move forward as they had knowledge of liens on the subject property. Young stated that there is a lien on the property with Health and Welfare who will be filing a claim for funds. Annual tax notices were sent each year.

Harberd inquired on the tax deed process and asked if the County takes possession of the property.

Young stated that the County does not take ownership of the property, the county takes it on a tax deed for the sole purpose of selling at public auction to recuperate any delinquencies. A minimum bid will be set to cover the delinquent taxes and any costs and fees associated with the tax deed process. Young further stated that excess funds can be claimed by any parties of interest. If there are unclaimed funds remaining, those funds will be turned over to the State Treasurer, Unclaimed Property Division.

Nate Marvin Moved, seconded by Gordon Wilkerson, to order Sabrina Young, Treasurer, to file the tax deed on Parcel RPW0400014007A. Motion carried.

The Pending Tax Deed Auction is scheduled for July 28, 2025. IN THE MATTER OF NAME CLEARING HEARING)

Jim Harberd moved, seconded by Gordon Wilkerson, to go into executive session at 1:30

p.m. in accordance with I.C. 74-206(1) (a & b) to consider hiring a public officer, employee, staff member or individual agent. This paragraph does not apply to filling a vacancy in an elective office, (b) to consider the evaluation, dismissal or disciplining of, or to hear complaints or charges brought against, a public officer, employee, staff member or individual agent, or public school student

Jim Harberd stated they were out of executive session at 1:59 p.m.

Motion by Nate Marvin, seconded by Gordon Wilkerson, and unanimously carried to recess at 2:00 p.m. until May 12, 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.