07/07/2025 BOCC minutes
The Board of County Commissioners of Washington County, Idaho, does hereby meet this 7th day of July 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.
The Board reviewed a resignation letter from Bonnie Brent-Dowell, Planning and Zoning Administrator.
The Board reviewed a June 30, 2025, letter from the United States Department of Agriculture, Payette National Forest Service regarding a proposed fee schedule.
Gordon Wilkerson reported that he attended an Idaho Association of Counties meeting regarding possible funding for roads last week. Wilkerson provided an update on other issues discussed at the meeting. Wilkerson stated he also attended the Weiser River Soil Conservation meeting. Wilkerson discussed the SREDA (Snake River Economic Development Alliance) meeting and advised that he had conversation with a gentleman that was looking to start a new microtechnology business here in Washington County with a starting wage of $22.00 per hour. Wilkerson stated he will reach out to SREDA for possible grant funding.
Jim Harberd stated he attended the meeting to select an engineer for Cove Road Bridge Project.
Nate Marvin moved, seconded by Gordon Wilkerson, to sign Grant Funding Documentation from the R. K. Mellon Foundation to the Washington County Fair to be used for the construction of the beef barn. Motion carried.
Gordon Wilkerson moved, seconded by Nate Marvin, to approve an Alcoholic Beverage Catering permit to be used July 12, 2025, 1526 Sunnyside Road, Weiser. Motion carried.
Jim Harberd moved, seconded by Gordon Wilkerson, to approve the June Operation in Funds/Statement of Treasurer’s Cash in the amount of $14,967.699.90. Motion carried.
Jim Harberd moved, seconded by Nate Marvin, to approve and sign the Computer Arts, Inc/Harris Master Agreement Software and Support License in the amount of 66,374,74. Motion carried.
IN THE MATTER OF MINUTES)
The minutes of the Board not heretofore approved of June 23, 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 presented an Application and Permit to Use Right-of-Way Approaches and Other submitted by Mike Hyneman.
Jim Harberd moved, seconded by Gordon Wilkerson, to approve the Application and Permit to Use Right-of-Way Approaches and Other submitted by Mike Hyneman on Farm to Market Road. Motion carried.
Odoms stated that he met with Commissioner Harberd and the selection committee last week to select an Engineering Firm for the Cover Road Bridge project. Odoms informed the Board that he has not been notified as to which Engineering Firm was selected. Odoms stated the contract documents for Cove Road Bridge have been received. Odoms reported that the expected completion date of the Cove Road Bridge Project is April 29, 2026. Odoms told the Board that Moreno and Nelson Construction was awarded the contract with a submitted bid in the amount of $4,956,290.00. Odoms further stated that the engineers estimated cost of the project was $5,554,743.42.
Odoms provided a department update to the Board. Wilkerson questioned if work would be done on Knob Hill in Midvale. Odoms stated there would be material applied to the road.
IN THE MATTER OF ELECTED OFFICIALS & DEPARTMENT HEADS)
Robert Peterson, Information Technology Director, stated he will be attending the NACO (National Association of Counties) Conference July 9th through July 15th.
Sabrina Young, Treasurer, informed the Board June tax collections have been completed. Demand letters for delinquent Personal Property have been issued. Young stated courtesy letters were mailed to all recorded property owners with parcels with delinquent 2022 property taxes. Young discussed the upcoming Tax Deed Auction to be held July 28, 2025, and the need for an auctioneer. Matt Thomas, Sheriff, agreed to serve as the auctioneer.
Debbie Moxley-Potter, Assessor, informed the Board the Assessment Drive has been completed. Moxley-Potter stated that the Department of Motor Vehicles, and Driver’s
License have been busy since Payette County is serving customers through appointment only.
IN THE MATTER OF LETTER TO PLANNING & ZONING)
Commissioner Nate Marvin read the following letter to Washington County Planning and Zoning Board on the record:
“Reference: Failure to work with Commissioner and Prosecuting Attorney.
I find it very disappointing to even have to write this letter. Many of the Planning and Zoning Board refuses to work or take advice from the County’s Prosecuting Attorney. He was elected by a large percentage of Washington County voters to be our Prosecuting Attorney and legal advisor to the Washington County Commissioners. We are going through some stressful times with the recent interpretation of Washington County Code 5-4-1(B). There have been five different legal opinion in reference to the above- mentioned code section. The latest legal opinion by Holland and Hart clearly defines the discrepancies in our County Code. I, myself, asked for an additional legal opinion because of the differing opinion. True Pearce has done everything I have asked of him. He may not like what I ask of him, or have a differing opinion, but he has always been respectful, and I fell has the best interest of Washington County in his actions.
I am asking the Planning and Zoning Board to bury the hatchet and come to the table prepared to make our code changes something we can live with. I am asking you show the Prosecutor office the respect and courtesy that they deserve. I am sure that I am not the only one that is tired of the drama, conflict, and stress that this is causing in our awesome county.
If we cannot find some common ground on this situation we may need to be forced to take action as the County Commissioners. All of the P and Z Board is appointed by the County Commissioners, work for the Commissioners, and the citizens of Washington County. Duties of the P & Z Board.
1-7-4: Duties:
It shall be the duty of the commission to:
- Comprehensive Plan: Conduct a planning process designed to prepare, implement, review and update a comprehensive plan that includes all lands within the governing board’s jurisdiction.
- Public Hearings: Hold public hearings prior to recommendations of the comprehensive plan, recommended changes to the plan and prior to recommending ordinances.
- Citizen Participation In Planning: Provide ways and means to obtain citizen participation in the planning process.
- Subdivisions And Zoning: Recommend subdivision and zoning ordinances.
- Annexations: Recommend changes to a comprehensive plan and zoning ordinance prior to annexation of an unincorporated area.
- City Impact Area: Recommend a map, a governing plan and ordinances for an area of city impact that is within the unincorporated area of the county.
- Citizen Participation In Administration: Provide ways and means to obtain citizen participation in the administration of ordinances.
- Process Zoning Permits: Prepare a procedure for processing zoning permits namely: special use permits, rezone applications, planned unit development proposals and variance applications.
- Zoning Amendment Requests: Hear all requests for amendment to the zoning ordinance 1 , hold at least one public hearing and make its recommendation to the governing board.
- Zoning Changes: Recommend changes to the zoning ordinance 2 (if needed) to the governing board. (Ord., 4-29-1991).”
Washington County Commissioner Nate Marvin Gordon Wilkerson read the following on the record:
“To the Citizens of Washington County,
My name is Gordon Wilkerson, and I serve as a Washington County Commissioner representing District 3. I’m writing to express my full support for Prosecuting Attorney True Pearce and to address recent public claims that do not reflect my experience working with him.
A recent letter submitted by Ron Jaeger falsely asserted that I criticized Mr. Pearce for seeking outside counsel. Let me be absolutely clear I have never made such a statement in any commissioner meeting. That claim is simply untrue.
In fact, I believe that True Pearce has been an incredible asset to Washington County. His decision making is thoughtful, informed, and always rooted in the best interests of our community.
True is professional, respectful, and hardworking. He’s provided the Board of Commissioners with sound legal advice, helped us navigate challenging issues, and treated everyone fairly and with integrity. His dedication and preparation have also
shown results, as under his leadership, Washington County secured its first felony jury trial conviction in over a decade.
It’s important to understand that, as a prosecutor, Mr. Pearce is bound by attorney/client privilege and confidentiality. He cannot publicly respond to every accusation or explain the legal reasoning behind every decision. That restraint puts him at a disadvantage when facing public criticism, but it also speaks to his professionalism and ethical standards.
In my view, True Pearce has consistently done excellent work for Washington County. I appreciate his commitment to justice and his ongoing efforts to serve and protect our community.
Sincerely, Gordon Wilkerson, Washington County Commissioner, District 3”
Wilkerson then stated that he was going to address the issue with Mr. Jaeger. Wilkerson said that Mr. Jaeger had reached out to Wilkerson after reading the above statement. Wilkerson said that he and Jaeger discussed the statement. Per Wilkerson, Jaeger had said that if he were false, he apologized. Wilkerson further stated that if he were false, he would apologize. Wilkerson said that in reviewing the minutes and the meeting in which the issue came up, “What Mr. Jaeger heard, was not completely true, but what I did say was Mr. Pearce gone above his authority and in going to outside legal counsel. A little conflict. I miss-spoke, he mis-heard. Our hatchet is buried.”
IN THE MATTER OF MORATORIUM AMENDMENTS/LEGAL COUNSEL FOR PLANNING & ZONING/RELEASE OF PROSECUTOR’S MEMORANDUM OF OPINION)
Ron Jaeger met with the Board. Jaeger told the Board he and Wilkerson did talk. Jaeger stated there are things that have been put in Living in The News in the last week that he felt were important for the Board to know. Jaeger stated he had written responses to letters that were posted but decided not to post them as he is tired of “getting down in the mud with them.” Jaeger stated he was going to respond to some things that Mr. Chandler said. Jaeger stated Chandlers statements were absolutely false.
Jaeger discussed the moratorium and what was actually put in place. Jaeger stated it did “shut down” the whole county as far as A1 zoned property. Jaeger stated that the moratorium had been re-written from what we originally proposed and what was held up when the motion was made. Jaeger further stated that it was indicated at the end of the meeting, that there was something in the works to fix the moratorium. Jaeger asked if that was still happening, or could they go back to the original proposed moratorium so that it does not affect the normal development and splitting in the A1 zone as was done before this whole mess started?
Harberd asked if Jaeger was referring to remodels, or property splits.
Jaeger stated the moratorium as proposed to the Board said, “An ordinance imposing a moratorium on authorizing the division of residential land of A1 zoned original lots tracts, and parcels into more than four parts for the purpose of transfer of ownership or development unless it is an improved subdivision, and the issuance of building permits related to said residential development within Washington County and providing an effective date.” Jaeger told the Board that only addresses the items that have been added by the interpretation from Mr. Pierce. Jaeger stated that if the moratorium was as originally proposed, we would continue to operate as we have for the last 40-some years.
Marvin stated that legal counsel had reviewed the moratorium that Jaeger had presented. Marvin stated he had tried to draft a moratorium that he felt would deal with some of the issues. Marvin further stated that Pearce came back with a modified moratorium that was adopted. Marvin said there are some loopholes in the moratorium that should be taken out. Marvin said that the Board had talked last week that remodels, additions, decks, ag buildings would still be able to be constructed during the moratorium.
Pearce asked to clarify for the record on exactly what happened. Pearce stated, “When you guys sat in front of this board that was up here and made the motion to pass a resolution and an ordinance. It was read directly from Bonner County’s moratorium, and that is what you guys passed. That was what your ordinance was, that is what you guys, you used the word ordinance, that’s what was passed on that date. You came back to me and said, hey, we accidentally included everything in the county, and we don’t want to include A2, we want some other exclusions. And you asked me to make those changes to the moratorium that you put in place. So, I simply gave you an amended moratorium that you voted on at that point in time. It is not something that I told you you should pass, or that I created, or anything else. What you guys put in place is exactly word for word, off of Bonner County’s moratorium.”
Jaeger stated the whole Bonner County Moratorium was not read on the record, only two or three statement from it. Jaeger stated he believed that when the motion was made, everybody in the room knew that you meant the one that we provided to you. Jaeger told the Board that, “However it came about, it was never intended by myself, or anyone else that was involved with this, that it shut down the whole county.” Jaeger requested that the Board amend the moratorium as originally presented so that remodels and that type of thing continue, and people that have splits available to them per the way we have interpreted our code from way back, can still keep them. Jaeger told the Board that we can keep the county moving as we did then until the differing interpretation can be addressed.
Harberd stated it was not the intention to shut everything down. The Board is working on that so that people can go ahead with remodels, etc. Harberd stated that no changes have been finalized to his knowledge.
Wilkerson clarified that the proposal was to continue applying building permit applications to the original parcel split and putting a moratorium on the interpretation that the Prosecuting Attorney feels is correct and can defend.
Jaeger said they are suggesting to continue doing things as it has been done for 40-some years until we can be sure of what changes need to be made.
Wilkerson asked if somebody applies for a building permit that has 21 acres of A1 ground, would the moratorium stop that permit?
Jaeger, “Not necessarily.”
Wilkerson then asked if the original parcel has 3 divisions or splits, four parcels of the original, and is out of the ability to apply for a building permit, and there’s a 21-acre parcel in this original, and somebody comes in that applies for a building permit on that 21-acre parcel, this moratorium will stop that application?
Jaeger said the person would have been denied before the moratorium, before this interpretation. Jaeger further stated that it is both the State Code and the County Code for purpose of transfer ownership. So, in actuality, the person that sold them the 20 acres didn’t do it correctly.
Wilkerson discussed State Statute Title 50, Chapter 13, paragraph 18, where they define agricultural land as a division of land 5 acres or larger.
Jaeger said you need read the whole Statute regarding a subdivision and the division of an original parcel.
Wilkerson said he needed clarity for himself that what the intent is to do, is to stop the application process beyond four parcels of an original.
Jaeger said that was correct, because that is the way it has been interpretated for 40-some years.
Harberd stated that there is still a process in place for the property split. Jaeger stated a person could do a rezone or a subdivision.
Jaeger requested the Board release Pearce’s Memorandum of Opinion so that Planning and Zoning can address changes that need to be made in code and get rid of the moratorium.
Harberd stated he would not release without the support of Marvin and Wilkerson.
Marvin stated he was willing to release the moratorium if Planning and Zoning is willing to work with Pearce.
Jaeger stated he is more than willing to work with Pearce. Jaeger said that is Pearce had an issue with the interpretation of Planning and Zoning, he should have come to Planning and Zoning and tell them. Pearce did not choose to do that. He has chosen to threaten,
intimidate, whatever. Jaeger told the Board Pearce needs to work with Planning and Zoning.
Gordon Wilkerson moved, seconded by Nate Marvin, to release the Memorandum of Opinion of the Prosecuting Attorney, True Pearce, to Planning and Zoning and the public. Motion carried.
Jaeger thanked the Board and stated he would do everything he could to get the group to work with Mr. Pearce.
Jaeger discussed alternate counsel for Planning and Zoning. Jaeger told the Board that Pearce had stated that he would have to approve alternat counsel. Jaeger referred to Idaho Code 67-6504 that allows the planning and zoning to hire experts, including legal assistants. Jaeger said he understood that it had to be part of the Planning and Zoning budget. Jaeger stated it was his understanding that that was the process that was followed when Will Herrington provided counsel to the Planning and Zoning Commission. Jaeger told the Board that as much as he would like to say they can make it work with Pearce, he felt it would be more efficient to hire another attorney for Planning and Zoning.
Gordon Wilkerson read the following statement on the record:
“Mr. Jaeger, I believe you are coming to us as Chairman of Planning and Zoning. You are bringing forward a request for outside counsel for Planning and Zoning.
- My first question is: How much legal advisement time has the Planning and Zoning Commission spent with Washington County Prosecuting Attorney True Pearce?
- I know for a fact that in a public Planning and Zoning meeting March 18, 2025, a Special Use Permit for George and Jeri Soulier and a Variance Permit for Bruce Winegar was on the agenda. In the Soulier application you stated you would entertain a move to executive session. Karen Powers made the motion. Eric Johnson asked for discussion on the motion and stated he thinks it is completely unnecessary to have an executive session. Donovan Galliger seconded the motion. Roll call vote: Debbie Warren, No. Donovan Galliger, No. John Jensen, No. Eric Johnson, No. Karen Powers, Yes. The commissioner that seconded the motion voted No. Later during this application Karen Powers once again made a motion to go into executive session, John Jensen seconded it. Roll call vote: Debbie warren, No. Donovan Galliger, No. John Jensen, No. Eric Johnson, No. Karen Powers, Yes. Once again, the commissioner that seconded the motion voted No. In the Bruce Winegar Variance application Karen powers again made a motion to go into executive session, this time the motion died. No second. In one night in two different land use application the Planning and Zoning Commission did not take advantage to go into executive session with the Prosecuting Attorney for legal counsel when a commissioner made the motion to do so. As a County Commissioner that has responsibility of final decision complete information is very important. Neither one of the applications came to us complete. When we
held our meeting for decision, we did go into executive session to attempt clarification in both applications.
- What experience does the Planning and Zoning Commission have in legal guidance in their capacity with Prosecuting Attorney Pearce?
- How can you judge this man if you have never spent time with him in his legal capacity? You don’t have to like someone to respect them.
On June 17th the Washington County Planning and Zoning Commission voted No Confidence in our current Prosecuting Attorney. Planning and Zoning Commissioner Debbie Warren in open meeting discussed the importance of leadership. She said: One of the marks of an excellent leader is to understand and appreciate those he leads. If he is new to an organization, he needs to sit back a bit and get to know the people he is working with. He needs to understand their strengths and their weaknesses; he also must compliment their knowledge, accomplishments, and their history in the organization. In other words, he needs to earn their trust. I would say this statement should work both ways. I know for a fact the Washington County Prosecuting Attorneys office has been represented in every Planning and Zoning meeting since True Pearce took office.
Ron, you yourself have gone beyond the county prosecuting attorney for outside legal counsel to prepare an ordinance for a moratorium. In a prepared statement you verbally address yourself as a concerned citizen that happens to be Chairman of the Board of Washington County Planning and Zoning Commission. You signed that prepared statement as Ron Jaeger, Chairman Washington County Planning and Zoning.
In the May 19, 2025, Commissioner meeting I discussed a desire to meet with the concerned large landowners to discuss where we are at with our land use issues. You interrupted asking me where in code and ordinances changes start. My reply was with Public Hearings. Your response was: With Planning and Zoning. If that is the case, you have defined your capacity in this issue as the Washington County Planning and Zoning Chairman. All the information you have presented has been presented as such, you are purposing to use additional taxpayer money for outside legal counsel even though the taxpayers of Washington County voted for the candidate that ran a part of his campaign as to be the lead counsel for Planning and Zoning.
My point to all of this is: As a Planning and Zoning Commission, you have judged the duly elected Prosecuting Attorney of Washington County No Confidence with having zero legal interaction. Is that fair?”
Jaeger stated that was not true. Jaeger told the Board Planning and Zoning had not had any executive sessions with Pearce. Jaeger stated that he did ask for a motion to go into executive session, and it took him completely off guard, he had no clue that was going to happen. Jaeger further stated that he would have liked to go into executive session to see how it works. Jaeger informed the Board that Pearce has attended all the Planning and Zoning Commission meetings. Jaeger stated the Commission has asked Pearce some questions – some he has answered, some he has refused to answer. Jaeger stated he cannot force members of the Commission to vote to go into executive session.
Jaeger readdressed the matter of the moratorium. Jaeger said that in reality, it doesn’t make a difference whether it was prepared by Jaeger or another attorney. If it meets the legal standards, which is obviously patterned off several others that have been passed around the state that should suffice. And obviously, you had your own prosecuting attorney to review it.
Wilkerson requested that Robert Peterson play a podcast from Bonner County regarding a moratorium. Wilkerson stated that he talked with Commissioner Ron Korn from Bonner County. Wilkerson stated Korn was opposed to the moratorium.
Jaeger said there were holes all through the podcast. The moratorium is not a regular ordinance. The moratorium was an Emergency Moratorium which changes the requirements.
Harberd stated that was one man’s opinion. Harberd said he did not believe the man was an attorney, but he was entitled to his opinion.
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. 25-37 for payroll expenses in the amount of $29,552.78, Order No. 25-38 for payroll expenses in the amount of $30,270.14, and Order No. 25-29 for general expenses in the amount of
$9,016.61 was presented to the Board for review.
Jim Harberd moved, seconded by Gordon Wilkerson, to approve Order No. 25-37 for payroll expenses in the amount of $29,552.78. Motion carried.
Nate Marvin moved, seconded by Jim Harberd, to approve Order No. 25-38 for payroll expenses in the amount of $30,270.14. Motion carried.
Jim Harberd moved, seconded by Nate Marvin, to approve Order No. 25-29 for general expenses in the amount of $9,016.61. Motion carried.
Foster reported that an ambulance will be providing coverage during the Weiser Valley Rodeo and the Washington County Fair. Foster stated he has emailed the State Tax Commission for information regarding a levy override for the district. Foster further stated that the grant for radios was denied.
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 CITY OF CAMBRIDGE AREA OF CITY IMPACT)
Marvin stated that the City of Cambridge had requested the County assist with the legal description of the proposed Area of City Impact. Marvin stated that after talking with Prosecuting Attorney, True Pearce, they may need to place the matter on hold. Marvin stated he would see if the Assessor’s Office could assist with writing the legal description.
IN THE MATTER OF MORATORIUM DISCUSSION)
Calvin and Mary Carroll met with the Board. Calvin Carroll stated they had signed a contract on the sale of property. Carroll stated they had confirmed with some of the Commissioners as well as Planning & Zoning that it was doable. Carroll told the Board that they had received notification from the buyer and Amerititle that the moratorium had been put into effect. Carroll told the Board the words of “peril’ needed to be explained. Carroll stated he was looking for an explanation of what kind of peril we are facing. Carroll reiterated that Planning and Zoning had checked off.
Mary Carroll told the Board that they want to know why it is perilous to break the ground into 20 acres, why is it unsafe.
Harberd addressed Mary Carrol and stated she had contacted him and asked about splitting a parcel off but never mentioned anything about splitting a parcel off and wanting to keep it.
Mary Carroll stated that they had, “seventy-nine acres and were adding an acre and we had a buyer and was going to break it off because we were told we could do twenty-acre parcels.” Carroll stated she had talked with all the Commissioners, and they all stated that Carroll could ‘break it into 20-acre parcels, you can put a residence, you could put a ranch, you could do whatever basically you wanted to for those 20-acre acres.”
Marvin stated he had talked to Carroll in May. Marvin told Carroll he provided the information that he had at that time.
Carroll said she did not see the perilous or safety implication or a health disaster. Carroll stated that the language she read in the moratorium is for a disaster.
Calvin Carroll asked if there had been any advice given as to whether or not the moratorium was legal.
Harberd stated that some legal advice had been given. Harberd further stated that it was not the intention to do something like this to Carroll or the County in general. Harberd stated the County is going to experience growth, and we need to make sure it is going in the right direction. Harberd said this is not something for all the “fat cats” as they have been labeled by various people, all the large landowners in Washington County. They are not the ones behind this as far as opposing it. Harberd further stated that there are other people involved. Harberd told the group that some of this came about from the code interpretations that we were made aware of. I feel strongly that something needs to be done so we can correct what needs to be corrected so we don’t have this continual problem of going back and forth all the time.
Calvin Carroll stated that he had an original parcel and was told he had four splits available by Planning and Zoning.
Harberd sated the original parcel goes back to April 9, 1979. That is the one the County is using now.
Marvin stated that when the county started doing original splits, no records were kept. Title companies do the research to find out what is available. Marvin stated that accurate information has not always been received.
Calvin Carroll stated there needs something uniform. This is too extreme. Marvin discussed A1 and A2 ag ground and the need update to update the code. IN THE MATTER OF MORATORIUM HARDSHIP DISCUSSION)
Gwen Greenfield met with the Board. Also present was Eric Stricker with Stricker Surveying.
Greenfield stated she has a farm on the Weiser Flat. Greenfield stated she has been fixing up the house and landscaping with intention to sale the home. Greenfield stated the survey was done, but she missed the opportunity by about of week. Greenfield stated the land is not farmable, irrigation water does not go with the house. Greenfield discussed possible expenses she will incur maintaining the home. Greenfield told the Board it is a hardship for her to maintain the property. Greenfield stated she had called Planning and Zoning who told her the rule of one-acre, 20-acre split.
Eric Stricker addressed the Board and stated he was in support of Greenfield. Stricker stated he need clarification to make sure he is operating within the bonds of the moratorium, County Code and State Code. Stricker read a portion of the moratorium on the record as follows: “A temporary moratorium is hereby imposed on the acceptance, process or approval of any application or request for land use development or land use division involving property zoned A1.” Stricker stated that there is no application for splitting land. Stricker further stated that the development has already been done, the
house has been there forever. Stricker stated that all Greenfield is trying to do is get to where she can sale an existing house.
Marvin recommended Stricker reach out to Prosecuting Attorney, True Pearce with legal concerns.
IN THE MATTER OF MORATORIUM DISCUSSION)
Lonnie Chambers met with the Board. Chambers stated he was here to tell the Board about his experience of trying to obtain a building permit. Chambers stated that he bought an original homestead that is supposed to have four obtainable permits. Chambers said two of the permits have been taken. Chambers stated he has forty acres and wants to build a house on it. Chambers stated he went to the building department, “they could not give me any guidance, they would not give me a package to fill out, they just said we don’t know what we are supposed to do, Commissioners have not given us any guidance.” Chambers stated he was there three times before they gave him a package to start the process. Chambers told the Board that he hoped this didn’t go 182 days. Chambers told the Board he does not want to build in the middle of winter. Chambers told the Board that he wanted the Board to know what he has gone through. Chambers stated that if someone wants to divide ground up, we should really take a hard look at it and see if it will impact that area. Chambers told the Board that he hoped they would open it up to so people can get back to work.
Wilkerson inquired when Chambers stated the process. Chamber stated it was a good six weeks prior to the moratorium. IN THE MATTER OF PROSECUTING ATTORNEY)
True Pearce, Prosecuting Attorney, met with the Board. Pearce stated that the Board was given legal advice telling them that a statute says that the Planning and Zoning is allowed to hire a legal assistant. Pearce stated that is Section 67-6504 (d) that say legals assistants, not attorneys.
Pearce stated that executive session was needed to discuss a new lawsuit against the County, a new Tort Claim against the County, we need to discuss things under a, b, c, and
f. Pearce requested a motion to address those matters.
Gordon Wilkerson moved, seconded by Nate Marvin, to go into executive session at 11:47 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; (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 1:00 p.m.
Harberd stated, “No final action or decision was made in executive session. We will return to our regular agenda.”
Nate Marvin stated, “I would like to have a Special Meeting on Thursday at 9:00 a.m. to discuss the Moratorium, Planning and Zoning Board Discussion, and to have some time with True Pearce, Prosecuting Attorney.”
Gordon Wilkerson added, “In Executive Session.” Gordon Wilkerson provided a second. True Pearce, Prosecuting Attorney, requested to add “Discussion of hiring law firms.”
Jim Harberd, “There’s been a motion and a second to approve an Emergency Meeting Thursday the 10th at 9:00 a.m. involving discussion on the Moratorium, Planning and Zoning Board Discussion, True Pearce, and Hiring of Attorneys.”
Gordon Wilkerson, Aye; Jim Harberd, Aye; Nate Marvin, Aye.
Motion by Nate Marvin, seconded by Gordon Wilkerson, and unanimously carried to recess at 1:05 p.m. until July 10, 2025, at 9:00 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.