06/09/2025 BOCC Minutes

The Board of County Commissioners of Washington County, Idaho, does hereby meet this 9th day of June 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 attended the Fair Board meeting last week. Marvin provided an update regarding work at the fairgrounds.

Wilkerson reported he attended the IAC (Idaho Association of Counties) Conference in Coeur d’Alene last week. Wilkerson provided an overview of items discussed at the conference.

IN THE MATTER OF MINUTES)

The minutes of the Board not heretofore approved of June 2, 2025, were approved as written.

IN THE MATTER OF CLAIMS)

The Auditor was authorized to issue warrants totaling $250,466.36 for general expenses by a motion of Jim Harberd, seconded by Gordon Wilkerson. Motion carried unanimous.

IN THE MATTER OF ROAD & BRIDGE/SOLID WASTE)

Jerod Odoms, Road and Bridge/Solid Waste Supervisor, met with the Board. Odoms reminded Harberd of the meeting regarding the Cove Road Bridge project later today. Odoms provided a department update to the Board. Odoms discussed bridge inspections and reported seven bridges were inspected last month. Odoms stated he will work with the engineer to gather additional information before beginning needed repairs to bridges.

Odoms provided copies of the current ‘Application for Placement of Culverts/Approaches’ and the ‘Application and Permit to Use Right-of-Way Approaches and Other’. Odoms told the Board he would like to use the Application and Permit to Use Right-of-Way Approaches and Other moving forward. Odoms discussed the possible need to require a bond for utility companies when work is performed in the County

Right-of-Way. Odoms updated the Board on the production of crushed rock at the crusher. Odoms informed the Board there will be a demo of a shredder of green waste at Solid Waste tomorrow.

IN THE MATTER OF ELECTED OFFICIALS AND DEPARTMENT HEADS)

Sabrina Young, Treasurer, presented a copy of the press release provided to the newspapers regarding the second half installment of 2024 property taxes due June 20, 2025.

Debbie Moxley-Potter, Assessor, reported that assessment notices have been mailed. Moxley-Potter stated things are going well in the Assessor’s Office, and that she may have an Open House at the Annex building.

Bonnie Davis, Weed Superintendent, presented the Annual ITD (Idaho Transportation Department) Spray Agreement to the Board for approval.

Gordon Wilkerson moved, seconded by Nate Marvin, to approve the Annual ITD Spray Agreement for spraying on Highway 721 and Highway 95. Motion carried.

Davis provided a department update to the Board. Davis informed the Board the Weed Board meeting will be held June 10th , and the Weed Tour will be June 12th.

Robert Peterson, Information Technology Director, informed the Board that he attended the IT Leaders Conference in Coeur d’Alene last week. Peterson provided an update of items discussed at the conference.

IN THE MATTER OF BRUCE WINEGAR VARIANCE DECISION)

Wilkerson discussed the Bruce Winegar Variance. Wilkerson stated that the septic was approved. Wilkerson stated that the Planning and Zoning Commission intended to keep the property as agriculture. Wilkerson stated an easement had been granted on the property. Wilkerson further stated that the Planning and Zoning Commission did not feel there was an undue hardship, so the Application for a Variance was denied.

Harberd stated there are two homes on the subject property. Harberd stated he did not feel it was a hardship.

Gordon Wilkerson moved to approve the Burce Winegar Variance Application. The motion died due to lack of a second.

Nate Marvin moved, seconded by Jim Harberd, to deny the Burce Winegar Variance Application. Donna White, Clerk, called roll call vote: Gordon Wilkerson, Nay; Jim Harberd, Aye; Nate Marvin, Aye. Motion carried.

IN THE MATTER OF AMENDED MORATORIUM ORDINANCE)

Jim Harberd read the Amended Emergency Moratorium Ordinance on the record as follows:

WASHINGTON COUNTY, IDAHO

AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY, IDAHO, IMPOSING A TEMPORARY MORATORIUM ON THE ACCEPTANCE, PROCESSING, AND APPROVAL OF LAND USE APPLICATIONS INVOLVING THE DEVELOPMENT OR SPLITTING OF A1 ZONED AGRICULTURAL LAND; DECLARING THE EXISTENCE OF AN IMMINENT PERIL TO PUBLIC HEALTH, SAFETY, AND WELFARE; PROVIDING FOR THE DURATION OF THE MORATORIUM; AND PROVIDING FOR AN EFFECTIVE DATE.

WHEREAS, the Board of County Commissioners (“Board”) of Washington County, Idaho (“County”) is authorized under Idaho Code § 67-6523 to adopt an emergency ordinance, including a moratorium, when an imminent peril to public health, safety, or welfare so requires; and

WHEREAS, the continued approval of land divisions and development proposals involving A1 zoned agricultural land poses a risk of inconsistent development, burdens on public infrastructure, and potential impacts to public safety and the County’s long- term growth policies; and

WHEREAS, the Board finds that this situation constitutes an imminent peril to the public health, safety, and welfare that necessitates immediate and temporary legislative action; and

WHEREAS, a temporary pause will allow the County to update and clarify its land use ordinances to ensure they adequately protect infrastructure, preserve agricultural land, and promote sustainable development; and

WHEREAS, the original moratorium adopted on May 27, 2025, by motion of the Board is hereby amended to clarify its scope and duration;

NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY, IDAHO:

  1. Emergency Moratorium Imposed:

A temporary moratorium is hereby imposed on the acceptance, processing, or approval of any application or request for land use development or land division involving property zoned A1 – Agricultural under the Washington County Zoning Code.

  • Exemptions:

This moratorium shall not apply to:

  • Applications that were previously approved prior to May 27, 2025;
    • Applications submitted pursuant to and in accordance with a binding settlement agreement approved by the Board;
    • Subdivisions or development on land zoned A2 – Agricultural.
  • Duration:

This emergency moratorium shall remain in effect for 182 days from May 27, 2025, unless repealed by the Board in accordance with Idaho law.

  • Effective Date:

This ordinance is effective retroactively as of May 27, 2025, the date of its original adoption by motion.

PASSED AND ADOPTED by the Board of County Commissioners of Washington County, Idaho, on this                                 day of                       , 2025.

BOARD OF COUNTY COMMISSIONERS WASHINGTON COUNTY, IDAHO

Nate Marvin moved, seconded by Jim Harberd, to approve the Amended Emergency Moratorium Ordinance as read.

Wilkerson stated he is not in favor of the Moratorium. Wilkerson stated that he had been advised by legal counsel that the Emergency Moratorium is unlawful.

Donna White, Clerk, called roll call vote: Gordon Wilkerson, Nay; Jim Harberd, Aye; Nate Marvin, Aye. Motion carried.

IN THE MATTER OF PROSECUTING ATTORNEY)

True Pearce, Prosecuting Attorney, met with the Board.      Pearce stated he only had matters to be addressed in executive session.

Jim Harberd moved, seconded by Gordon Wilkerson, to go into executive session at 10:30 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.

Pearce stated the Moye lawsuit, purchase of real property, and employee insubordination were discussed in executive session.

Jim Harberd stated they were out of executive session at 11:59 a.m.

Harberd stated: No final action or decisions were made during executive session. We will now return to our regular session.

Jim Harberd moved, seconded by Gordon Wilkerson to have the Board sign the Name Clearing Letter. Motion carried.

Jim Harberd moved, seconded by Gordon Wilkerson, to approve a demand warrant payable to the University of Idaho Extension in the amount of $100.00. Motion carried.

Nate Marvin moved, seconded by Gordon Wilkerson to approve a demand warrant payable to Diesel Injection Service in the amount of $1,025.00. Motion carried.

Motion by Nate Marvin, seconded by Gordon Wilkerson, and unanimously carried to recess at 12:11 p.m. until June 16, 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.