01/13/2025 BOCC minutes
The Board of County Commissioners of Washington County, Idaho, does hereby meet this 13th day of January 2025.
Nate Marvin opened the meeting, and Gordon Wilkerson led the Pledge of Allegiance. Nate Marvin gave the invocation.
IN THE MATTER OF SWEARING IN ELECTED OFFICIALS)
Donna White, Clerk, administered the Oath of Office to Commissioners Gordon Wilkerson and Jim Harberd.
Nate Marvin moved, seconded by Gordon Wilkerson to make an emergency amendment to the agenda as it is statutorily required to elect a Chairman of the Board and it was not on the agenda. This was an oversight. Motion carried.
Nate Marvin moved, seconded by Gordon Wilkerson, to appoint Jim Harberd as the Commissioner Chairman. Motion carried.
Jim Harberd administered the Oath of Office to True Pearce, Prosecuting Attorney, and Matt Thomas, Sheriff.
IN THE MATTER OF ROLL CALL)
Donna White, Clerk, called roll call: Gordon Wilkerson, present; Jim Harberd, present; and Nate Marvin, present.
IN THE MATTER OF CORRESPONDENCE/MEETINGS AND REPORTS)
Correspondence received by the Board was reviewed and disseminated as required.
Matt Thomas discussed naming the new Sheriff’s administration building the James M. Alexander Memorial Building in memory of James M. Alexander who was killed in the line of duty.
Nate Marvin moved, seconded by Gordon Wilkerson, to approve the expenditure and the naming of the Sheriff’s administration building the James M. Alexander Memorial Building. Motion carried.
Johnny Biddinger stated that State Homeland Security funds were recently used to purchase radios for Midvale Fire District. Biddinger further stated that Brian Graham with Midvale Fire District has submitted a request for an additional four radios at a total cost of $4,933.76.
Gordon Wilkerson moved, seconded by Nate Marvin, to approve the purchase of an additional four radios for Midvale Fire District in the amount of $4,933.76. Motion carried.
Gordon Wilkerson read Resolution No. 25-01 regarding the mileage reimbursement rate on the record.
Gordon Wilkerson moved, seconded by Nate Marvin to approve Resolution No. 25-01 adopting the Federal mileage reimbursement rate of 70 cents per mile for Washington County effective January 1, 2025. Motion carried.
Wilkerson reported that the Agriculture Protection Area Commission met, and the Commission would like to amend the resolution adopted by the County.
Wilkerson discussed the Old Growth Forest Policy proposed amendment and stated that the US Forest Service has pulled the proposed amendment.
IN THE MATTER OF MINUTES)
The minutes of the Board not heretofore approved of January 6, 2025, were approved as written. IN THE MATTER OF CLAIMS)
The Auditor was authorized to issue warrants totaling $375,624.71 for general expenses by a motion of Nate Marvin, seconded by Gordon Wilkerson. Motion carried unanimously.
IN THE MATTER OF TAX CANCELLATIONS)
Sabrina Young, Treasurer, met with the Board. Young explained that homeowners can apply for the homeowner’s exemption any time throughout the year which resulted in tax cancellation after the tax roll was created. Young stated that after the cancellations are approved by the Board, she will process a corrected bill to the taxpayer indicating the cancellation.
Nate Marvin moved, seconded by Gordon Wilkerson to approve the tax cancellation on parcel # PP000384 in the amount of $131.61. Motion carried.
Jim Harberd moved, seconded by Gordon Wilkerson, to approve tax cancellations as presented an the following parcels: Parcel No. MH009937 in the amount of $12.42; Parcel No. RP11N05W224600 in the amount of $234.22; Parcel No. MH010084 in the amount of $344.20; Parcel No. RP11N06W256100 in the amount of $71,20; Parcel No. RP10N05W109175 in the amount of $624.85; Parcel No. RP11N04W180600 in the amount of $887.21; Parcel No. RP11N05W561080 in the amount of $215.02; Parcel No. RP11N06W206100 in the amount of
$327.93; Parcel No. RP12N05W351349 in the amount of $887.21; Parcel No. RP14N03W339200 in the amount of $728.64; Parcel No. RPM6510002001B in the amount of $417.85; Parcel No. RPW1900007004A in the amount of $1,135.34; Parcel No. RPW075000100FB in the amount of
$18.26; Parcel No RPW0850019000A in the amount of $1,499.37; Parcel No. RPW12000000150 in the amount of $1,499.37; Parcel No. RPW1550002017A in the amount of $898.75; Parcel No. RPW16510010030 in the amount of $1,499.37; Parcel No. RPW1700007005A in the amount of
$1,066.05; Parcel No. RPW1920001010B in the amount of $1,499.37; Parcel No. RPW2650027001A in the amount of $1,043.11; Parcel No. RPW30002906370 in the amount of
$1,430.35. Motion carried.
Young stated the total amount of cancellations for homeowner’s exemptions was $16,340.29. There was discussion regarding the Idaho Power judgement.
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 10:01 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 unanimously. Gordon Wilkerson, Aye; Jim Harberd, Aye; Nate Marvin, Aye.
Jim Harberd stated they were out of executive session at 10:44 a.m. IN THE MATTER OF VAN WYCK STOCK DRIVE)
Harry Soulen with Soulen Livestock Company, met with the Board. Soulen stated he was not looking for any action from the Board at this time. Soulen provided information regarding the Van Wyck Stock Driveway that Soulen Livestock accesses annually to trail four bands of sheep over in June and October. Soulen informed the Board that the Lava Fire burned through a portion of the Van Wyck Stock Driveway. Soulen stated that the Boise National Forest Service had told them they could not drive their sheep back over the driveway last fall. Soulen has met with representatives from the Payette and Boise National Forest Service regarding the driveway. Soulen stated that he now feels the Forest Service better understands the need for and use of the stock driveway. Soulen provided copies of maps indicating the location of the Van Wyck Stock Driveway to the Board. Soulen also provided information on the history of the stock drive.
Wilkerson discussed the RS 2477 (Road and Trail Assertions) and asked if the Van Wyck was part of the RS 2477.
Soulen stated that a portion of the RS 2477 goes through a portion of BLM land as well as Forest Service land.
Wilkerson inquired about how to find the dedication of roadways.
Soulen stated that he has spoken to representatives from the Payette National Forest Service who have stated that they do not see an issue with continuing to use the Van Wyck Stock Driveway.
IN THE MATTER OF ORIGINAL PARCEL RESEARCH)
Bonnie Brent-Dowell, Planning and Zoning Administrator, and Tim Carroll with Title One met with the Board. Also present, via Zoom, was Kerry Brent with Title One.
Brent-Dowell stated that Title One is interested in doing the deed searches but there is still a question of how to have a map built.
Marvin inquired if there needed to be a pilot-project to determine the cost as a whole and the time needed to complete the project.
Brent-Dowell stated that the total cost and time is going to depend on what the County asks of Title One. Brent-Dowell further stated that she would like to have legal descriptions of the original parcels if possible.
Kerry Brent discussed the process and stated that providing a legal description would be an extra step and require additional time. Brent stated it is easier to do the research by section and there are approximately 900 sections in private ownership within the county.
Brent-Dowell stated that it would be hard to estimate the amount of time and funding it would take to complete the Original Parcel Research project. Brent-Dowell stated that creating a map would be an additional expense. The map would have to be created by an outside source. There was discussion regarding with which area to begin the process.
Nate Marvin moved, seconded by Gordon Wilkerson, to allow Title One to do a preliminary project on the original parcels in the southwest corner of Washington County and report back within four months. Motion carried.
IN THE MATTER OF PLANNING AND ZONING ELAINE STRONG ORIGINAL PARCEL DECISION)
Bonnie Brent-Dowell, Planning and Zoning Administrator, met with the Board.
Nate Marvin stated that last week during an executive session a decision was made that should have been made publicly. Marvin further stated that to cure the error, the matter will be discussed, and a decision made in an open meeting today.
Marvin stated that Elaine Strong had made a request to Planning and Zoning, and was told by Planning and Zoning that she had a dwelling right. Marvin further stated that Strong came before
the Commissioners and it was determined that it was a first come, first served situation. After visiting with legal counsel, they felt they needed to correct the decision since Strong was told by Planning and Zoning that she had a dwelling right. The matter of the request from Elaine Strong regarded a dwelling right on her property.
Nate Marvin moved, seconded by Gordon Wilkerson, to approve the dwelling right for Elaine Strong. Motion carried.
Wilkerson stated that there has been continued discussion regarding the dwelling right on the Strong property. Wilkerson stated that the title company got involved and at some point it was misunderstood that the Strong property did not have a dwelling right. Wilkerson stated that Strong then hired a title company to prove that she did have a dwelling right. Wilkerson said the County allowed an additional split which is allowed on agricultural land. The person who bought the property on the fourth split, fifth parcel, requested a building right/permit that wasn’t available. It was also discussed that Strong had the last building right. The person tried to attain the building right, and Strong stated she was not giving up the dwelling right. Wilkerson stated that the County, since there was a building right left for the original whole, mistakenly took it from Strong and gave it to the new owner of the fifth parcel.
Brent-Dowell stated that in the deed search from the title company, it quoted the parcel in question was one that Strong owned prior to 1979. When Strong requested the title search to be done on that particular parcel, it was determined that it was not part of the original parcel being discussed. Based on the deed search from the title company there were no splits available, and several ownerships were told that. Brent-Dowell stated that one ownership went through the rezoning process.
Wilkerson stated the error was granting a building right on the 5th parcel. Wilkerson stated that Hanson should have had to go through the rezoning process to A2 for a single-family dwelling.
Brent-Dowell agreed but stated that the building permit was granted due to the Commissioners’ decision to issue the last building permit based on a first come, first served basis.
Wilkerson stated that he felt Strong is entitled to her building permit. Marvin agreed. Strong requested a statement regarding the retention of the building permit on her property.
There was discussion of whether the Title Company would guarantee the parcel research. Brent- Dowell stated she would discuss the matter with the Title Company.
IN THE MATTER OF CITY OF WEISER AIRPORT) – CANCELLED
IN THE MATTER OF AMENDING THE AGENDA)
Jim Harberd moved, seconded by Nate Marvin, to make an emergency amendment to the agenda to discuss wages for the Prosecutor to provide information to payroll. The Board was not aware the matter needed to be addressed. Motion carried.
There was discussion regarding the annual wage for True Pearce, Prosecuting Attorney.
Nate Marvin moved, seconded by Gordon Wilkerson, to approve an annual wage of $101,244.00 for True Pearce to be re-visited upon receipt of a contract from the City of Midvale. Motion carried.
IN THE MATTER OF BUILDING INSPECTOR INTERVIEWS)
Jim Harberd moved, seconded by Gordon Wilkerson, to go into executive session at 12:59 p.m. in accordance with I.C. 74-206(1) (a) 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.
Jim Harberd stated they were out of executive session at 1:44 p.m.
Motion by Nate Marvin, seconded by Gordon Wilkerson and unanimously carried to recess at 1:46
p.m. until January 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.