07/14/2025 BOCC minutes

The Board of County Commissioners of Washington County, Idaho, does hereby meet this 14th 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. Nate Marvin 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 Notice of Public Hearing from the City of Weiser regarding a conditional use permit request to place townhouses on a property on the corner of East Liberty and East 11th Street.

Nate Marvin reported that he attended the Fair Board meeting last week and provided an update.

Gordon Wilkerson stated he will attend a tour of the Lava Fire.

Sabrina Young, Treasurer, requested the Board sign the ARPA (American Rescue Plan Act) Investment Account closure documents.

Nate Marvin moved, seconded by Gordon Wilkerson, to allow the Chairman to sign the ARPA (American Rescue Plan Act) Investment Account closure documents. Motion carried.

Nate Marvin stated that he needed to make a correction of a statement made during the July 10, 2025, Special Meeting regarding mileage payment to Planning and Zoning Commission members. Marvin clarified that some mileage reimbursement is paid from fees collected from applicants, not from budgeted funds.

Jim Harberd moved, seconded by Nate Marvin, to approve the Operation in Funds/Statement of Treasurer’s Cash for the month of June 2025 in the amount of

$15,198,162.38. Motion carried.

Jim Harberd moved, seconded by Nate Marvin, to approve the Quarterly Operation in Funds/Statement of Treasurer’s Cash in the amount of $15,198,162.38. Motion carried.

Danny Roark, Building Inspector, presented a credit card application to the Board for approval.

Jim Harberd moved, seconded by Gordon Wilkerson, to approve the credit card application for the Building Official with a Limit of $1,000.00. Motion carried.

Sabrina Young, Treasurer, clarified that the credit application is for a County Visa Card, not a gas card.

Nate Marvin moved, seconded by Gordon Wilkerson, to approve a demand warrant payable to Bi-Mart Corporation in the amount of $29.99 for Building and Grounds. Motion carried.

Nate Marvin moved, seconded by Gordon Wilkerson to approve a demand warrant payable to Bi-Mart Corporation $18.99 for miscellaneous supplies. Motion carried.

IN THE MATTER OF MINUTES)

The minutes of the Board not heretofore approved of July 10, 2025, were approved as amended.

IN THE MATTER OF CLAIMS)

The Auditor was authorized to issue warrants totaling $231,721.42 for general expenses by a motion of Nate Marvin, 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 presented an Application for Placement of Culverts/Approaches submitted by Randy Payne to be placed on Sunnyside Road.

Jim Harberd moved, seconded by Nate Marvin to approve the Application for Placement of Culverts/Approaches submitted by Randy Payne for Champion Homes to be placed on Sunnyside Road. Motion carried.

Odoms informed the Board that he had received a utilities application to relocate some fiber for the Cove Road Bridge project. Odoms discussed the Cove Road Bridge project. Odoms stated that he had gotten the application approved as it is time sensitive. Odoms stated that he would like to acquire a permanent right-of-way on the Northeast section of the Cove Road Bridge. Odoms stated a temporary right-of-way was completed but not finalized.

Odoms informed the Board that No Parking signs have been requested by the Waterways Deputy to be placed at Mann Creek Reservoir.

Nate Marvin moved, seconded by Jim Harberd, to allow Odoms to order No Parking signs to be placed at Mann Creek Reservoir above the boat dock. Motion carried.

IN THE MATTER OF PROPOSED ORDINANCE CHANGES TO TITLE 1, CHAPTER 7, PLANNING AND ZONING COMMISSION)

The Board reviewed possible dates for the use of the Courtroom for the public hearing. Marvin suggested having the public hearing on August 7, 2025, in the District Courtroom at 1:30 p.m.

Wilkerson stated people have expressed concerns of not being able to attend at that time and suggested 4:00 p.m. to hold the hearing.

Jim Harberd moved, seconded by Gordon Wilkerson, to approve the date of August 7, 2025, at 4 p.m. for a public hearing regarding proposed ordinance changes to Title 1, Chapter 7, Planning and Zoning Commission. Motion carried.

Nate Marvin moved, seconded by Gordon Wilkerson, that all written comments be received in the Clerk’s Office no later than August 1, 2025, at 5:00 p.m. Motion carried.

Nate Marvin amended the motion, seconded by Gordon Wilkerson, to include this is in reference to the proposed changes to Title 1, Chapter 7, Planning and Zoning Commission. Motion carried.

Marvin recommended setting a limit for public comment of three minutes. IN THE MATTER OF IDSCC FISCAL YEAR 2026 GRANT)

Kim Chipman with the Sheriff’s Department met with the Board. Chipman stated she had completed the Idaho Public Safety Communications Commission Grant Application for a new recorder for dispatch. Chipman stated the recorder records all radio traffic. The total cost of the recorder is $21,606.80 which includes installation and maintenance.

Nate Marvin moved, seconded by Gordon Wilkerson, to allow Lieutenant Kim Chipman to apply for the Idaho Public Safety Communications Commission Grant. Motion carried. The Board signed the grant application.

IN THE MATTER OF FARM BUREAU PROPOSED CODE CHANGES)

Tristin Winegar, President of Washington County Farm Bureau, met with the Board. Winegar stated, “You can’t really describe the last few weeks without using the word Cluster.” Winegar thanked the Board for their efforts. Winegar told the Board there have been a lot of critics, mudslinging, there has been some unhappy people, but no new ideas. Winegar stated he believed that the code does need to be changed and there are things that need to be fixed. Winegar further stated that he did not think the paper he presented was the best answer but felt they were good guidelines. Winegar stated we are always trying to save farm ground. Winegar discussed growth statewide. Winegar told the Board that they felt one dwelling per 40 acers is feasible. This maintains the efficiencies

of a large acreage while still allowing people to build home in the country. Winegar stated the most precious resource in any county is water. Water differentiates A1 ground from A2. Winegar told the Board that dry land should not be treated the same. Winegar suggest an A3 zone located within the city limits that allowed one dwelling per 2.5 acres maximum. Winegar told the Board there is a large demand for one acre lots and had heard that Southwest District Health is suggesting lots larger than one acre.

Winegar told the Board that Planning and Zoning had been discussed at their meeting. Winegar suggested a 5-member Board consisting of one member from the Weiser Flat, one from the Cove/Sunnyside area, Mann Creek/Highway 95, one from Midvale, and one from Cambridge. Winegar stated a smaller Board is more efficient. Winegar told the Board that Planning and Zoning members should not represent anything outside the City limits or City Impact Zones because cities already have their own Planning and Zoning. He further stated that he felt that realtors should not be voting members. Winegar suggested possibly retaining a realtor in an advisory position.

Winegar discussed Accessory Dwelling Units (ADU’s) and suggested that be added to the code. Winegar suggested eliminating the “original parcel split” and stated it is restrictive growth.

There was discussion of allowing construction of homes in pivot corners.

Harberd discussed ADU’s and Gem County requirements after amending their county code.

Marvin discussed the Original Parcel rule. There must be a way for people to buy a one- acre parcel. Marvin stated that that could possibly be addressed in the proposed A3 Zone.

IN THE MATTER OF ROBERT AND DEANA MCCONNELL SPECIAL USE DECISION)

Nate Marvin moved, seconded by Gordon Wilkerson, to approve the Special Use Permit submitted by Robert and Deana McConnell. Marvin stated the City of Cambridge recommended approval, the property in located in the Area of City Impact of Cambridge. Motion carried.

IN THE MATTER OF CITY OF CAMBRIDGE, AREA OF CITY IMPACT)

Sandra McKee, City Clerk with the City of Cambridge, met with the Board.

Marvin stated that he had spoken with the Assessor’s Office who advised that they cannot draft the legal description for the City of Cambridge Impact Area.

McKee clarified that it is the legal description is for the County’s Ordinance.

Marvin read an email from Debbie Moxley-Potter from June 9, 2025, that stated, “The Assessor’s Office does not write legal descriptions. We do not have the expertise, and we are not in competition with title companies.”

Marvin told Sandra the County could not write it for the City of Cambridge.

McKee stated that the ordinance and legal description is not for the City of Cambridge. It is for the County. McKee further stated that the County is required, by State law, to review the city’s impact area boundaries by December 31st. McKee suggested that a title company draft the legal description. The matter will be discussed next week.

IN THE MATTER OF PLANNING AND ZONING CONCERNS)

Ron Jaeger met with the Board. Jaeger stated he would like to echo Winegar’s statement regarding the Commissioner positions and told the Board they have been in a tough spot for some time now. Jaeger informed the Board that Planning and Zoning had previously discussed ADU’s and already have a provision for farmworkers in code. Jaeger told the Board that he believed there was someone willing to draft the legal description for the impact area but he would confirm before he provided a name to the Board.

Jaeger referred to the outline that Marvin stated his staff had put together. Jaeger stated that serving two consecutive terms is already in code with cavoite that if the Commissioners agree, any person can serve on Planning and Zoning longer than that. Jaeger told the Board that although he has served on Planning and Zoning for over twenty years, he is just starting his second consecutive term. Jaeger further stated that no one who was on current commission has served more than two consecutive terms. Jaeger stated that the current commission has never missed a quorum. Jaeger stated that it is important to have diversity, different walks of life, different personalities, different people’s visions. Jaeger said that in his experience, if we have more ideas, we come up with a better solution. One of the goals is to have more participation in Planning and Zoning. a membership of five means less participation. Jaeger discussed mileage costs and stated that a big share is paid from the trust that is funded by fees charged for subdivisions, zone changes and those types of things. Jaeger further stated that for the 2023-2024 fiscal year he received just over $400.00 in mileage reimbursements. Jaeger discussed the lawsuits against the County and stated that Planning and Zoning Commission had nothing to do with them. Changing Planning and Zoning is not going to affect that. What may have affected that was putting into place the code changes that were suggested a year ago.

Jaeger discussed working with the Prosecuting Attorney. Jaeger stated the Commission did refuse to go into executive session with the Prosecuting Attorney. Jaeger said that at that time, he did not think that was the right decision and as chairman, he did not vote. Jaeger told the Board that maybe that was the right decision, maybe it wasn’t, but we have to get past that issue. Jaeger stated that the Commissioners had requested a Lighting

Ordinance. Jaeger told the Board that people spent a lot of time working on that ordinance and the only communication they received was that Pearce could not support it. Jaeger stated there should have been ongoing communication on what was not right and how to fix things. Jaeger discussed the memorandum that was released three days prior to dismissing the Planning and Zoning Commission. Jaeger said the Commission should have been part of the conversation from the beginning, but they were shut out. Jaeger continued and stated that Winegar does have some good ideas. Jaeger stated he like the idea of the three zones. Jaeger told the Board there was never any confusion over splits. They are recorded. Jaeger discussed unity on the Planning and Zoning Commission and stated that there was rarely not a unanimous decision. Jaeger discussed the matter of a realtor being on the commission and told the Board that conflict can be found with anyone. Jaeger stated that the commission is talking about ag ground all the time and asked if farmers should be allowed on the commission. Jaeger said that we need all those professionals working together to have the best County we can. Jaeger told the Board that he thought the Board made the right decision in doing away with that “particular Moratorium.” That moratorium was bad for the County. Jaeger requested, “Let’s get this thing put back together and working because the timing on all this couldn’t be worse.”

IN THE MATTER OF BUILDING INSPECTOR AND PLANNING AND ZONING STAFF JOB POSTING)

Danny Roark, Building Inspector, met with the Board. Marvin requested an update on requested/reviewed permits.

Roark told the Board he will review all permits. Roark stated he had not received an update from Pearce regarding title searches and one-acre parcels for available building rights/splits. Roark reported that he had met with Pearce and stated that the two building permits in question have been addressed. Roark further stated that he had talked with Steve Pierson and Tony Young who have agreed to assist Roark.

The Board reviewed the Planning and Zoning Administrator Job Description. Suggested changes were noted.

Nate Marvin moved, seconded by Gordon Wilkerson, to have the Clerk amend the Planning and Zoning Administrator job description to post in the paper and have available to interested individuals. Motion carried.

IN THE MATTER OF FOREST SERVICE UPDATE)

Paul Klasner, District Ranger, and Andy Bumgarner, Range Specialist, met with the Board. Klasner asked how often the Board would like to meet. The group agreed to meet quarterly with additional meetings scheduled as needed.

Klasner reported that the current fires are in the McCall District. Klasner reminded the Board that the Weiser office is currently closed to public due to shortage of staff. Klasner said the community can call in for appointments.

Klasner stated the Mann Creek culvert replacement has been completed. Klasner reported that all campgrounds are open in Washington County. Klasner informed the Board that funding and plans for work on Big Flat Campground are in place.

Wilkerson stated he had received information that NEPA (Nation Environmental Policy Act) has been revised.

Klasner stated the Forest Service can use other agencies categorical exclusions. Klasner said that the revisions have opened up other options for the Forest Service.

Andy Bumgarner presented a map of the Lava Fire to the Board. Bumgarner reported that five producers had losses due to fire. Eighty-seven head of cattle died and fourteen had to be taken to a packing shed for salvage. Bumgarner discussed vegetation guidelines and the plan for grazing after a fire.

Bumgarner told the Board that disaster relief funds may be used to purchase collars for cattle. Collars are used to keep cattle in a designated area. Towers are put in place and communicate with collars to keep cattle within a virtual fence managed/monitored by the permittee.

Timber salvage on the Payette Forest due to Lava Fire was discussed. IN THE MATTER OF PROSECUTING ATTORNEY)

Sean Jorgensen, Deputy Prosecuting Attorney, met with the Board. True Pearce, Prosecuting Attorney, was present via phone.

Nate Marvin moved, seconded by to go into executive session at 12:00 p.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 12:29 p.m. Harberd stated, “No final action or decision was made in executive session. We will return to their regular agenda.”

Motion by Nate Marvin, seconded by Gordon Wilkerson, and unanimously carried to recess at 12:32 p.m. until July 21, 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.