11/24/2025 BOCC minutes

The Board of County Commissioners of Washington County, Idaho, does hereby meet this 24th day of November 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.

Jim Harberd reported he attended the southwest District Health Board meeting last week.

Jim Harberd moved seconded by Nate Marvin, to approve a demand warrant in the amount of $343.24 payable to Wex Bank. Motion carried.

Jim Harberd moved, seconded by Nate Marvin, to approve a demand warrant in the amount of $236.19 payable to Home Depot. Motion carried.

Jim Harberd moved, seconded by Gordon Wilkerson, to approve the October 2025 Operation in Funds/Statement of Treasurer’s Cash in the amount of $16,761,703.07. Motion carried.

Jim Harberd moved, seconded by Nate Marvin, to approve the lease with Allied Business Solutions for a Canon TM-350 MFP Scanner at a total cost of $11,540.17 with a monthly lease payment of $260.00 per month. Harberd signed the documentation. Motion carried.

Gordon Wilkerson moved, seconded by Nate Marvin, to approve Retail Alcoholic Beverage License No. 11 for Farmers Supply Cooperative, Inc., doing business as Farmers Supply Cooperative. Motion carried.

Nate Marvin moved, seconded by Gordon Wilkerson, to approve Retail Alcoholic Beverage License No. 12 for Li Liang Sun doing business as Lis Chinese Kitchen. Motion carried.

Nate Marvin moved, seconded by Jim Harberd, to approve Retail Alcoholic Beverage License No. 13 for Jackson Bevco, Inc., doing business as Tobacco Connection #34. Motion carried.

Nate Marvin moved, seconded by Jim Harberd, to approve Retail Alcoholic Beverage License No. 14 for Gateway Adventures, LLC doing business as The Saddle Rack. Motion carried.

Gordon Wilkerson moved, seconded by Nate Marvin, to approve Retail Alcoholic Beverage License No. 15 for Just Us, LLC doing business as Smokin Franny’s BBQ. Motion carried.

Nate Marvin moved, seconded by Gordon Wilkerson, to approve Retail Alcoholic Beverage License No. 16 for Weiser Golf Association doing business as Rolling Hills Golf Course. Motion carried.

Nate Marvin moved, seconded by Gordon Wilkerson, to approve Retail Alcoholic Beverage License No. 17 for ML & JR, LLC doing business as Loveland’s General Store. Motion carried.

Nate Marvin moved, seconded by Gordon Wilkerson, to approve Retail Alcoholic Beverage License No. 18 for ML & JR, LLC doing business as Blake’s Sinclair. Motion carried.

Nate Marvin moved, seconded by Gordon Wilkerson, to approve Retail Alcoholic Beverage License No.19 America’s Rafting Company, LLC. Motion carried.

Nate Marvin moved, seconded by Gordon Wilkerson, to approve Retail Alcoholic Beverage License No.20 for Family Dollar, LLC doing business as Family Dollar #27239. Motion carried.

The Board discussed the agenda for December 1, 2025. IN THE MATTER OF MINUTES)

The minutes of the Board not heretofore approved of November 17, 2025, were approved as written.

IN THE MATTER OF CLAIMS)

The Auditor was authorized to issue warrants totaling $147,047.48 for general expenses by a motion of Jim Harberd, seconded by Nate Marvin. Motion carried unanimous.

IN THE MATTER OF ROAD & BRIDGE/SOLID WASTE)

Jerod Odoms, Road and Bridge/Solid Waste Supervisor, met with the Board. Odoms reviewed Surplus Property list with the Board.

Nate Marvin moved, seconded by Gordon Wilkerson, to approve the Washington County Surplus Items list as submitted. Motion carried.

Odoms inquired if the Board would like to have the Public Hearing regarding Road and Bridge and Solid Waste fees available via Zoom. The Board confirmed that the hearing would be available via zoom, testimony will be in person or written comment submitted prior to the hearing.

Odoms provided a department update to the Board. IN THE MATTER OF SHERIFF)

Matt Thomas, Sheriff, met with the Board. Thomas stated Mayor Brian Graham with the City of Midvale had requested a surplus 2018 Dodge pickup for the City of Midvale.

Nate Marvin moved, seconded by Gordon Wilkerson, to surplus a 2018 Dodge pickup from the Sheriff’s Department to the City of Midvale. Motion carried.

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

Brian Graham, City of Midvale Mayor, met with the Board. Graham stated that as he understood it, the issue is with the newly annexed property to the City of Midvale and the boundaries of the Impact Area.

Marvin stated that there may be some lots that are split in the Impact Area.

Bridget Felmley, Planning and Zoning Administrator, explained that per State Statute 67- 6509 4 (b) states that parcels cannot be divided within the Area of City Impact. Felmley stated the City of Midvale has the option of redrawing the map to either include or exclude the identified parcels. She encouraged Graham to consider their five-year plan for water and sewer to determine if the City could provide services to the proposed Impact Area.

Marvin stated the boundaries will need to be redrawn so that parcels are not split within the Area of Impact.

Felmley provided a list of parcels that are currently split in the Impact Area.

Harberd questioned if the City of Midvale has the infrastructure in place to handle the proposed Area of Impact.

Graham stated that it was understood by the property owners that they would be responsible for a well. The city does not currently provide sewer services. Improvements would be the responsibility of the landowner.

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

Natashia McDaniel and Tony Edmondson met with the Board. McDaniel provided a corrected map and stated that parcels had not been split within the Impact Area on the corrected map.

Edmondson stated that there will be no changes to the property owners as the parcels in question are already part of the Area of City Impact.

Harberd stated some of the concerns are anticipated commercial and residential growth, geographic factors, transportation, infrastructure, and systems including connectivity.

Harberd stated one concern would be adequate water and sewage treatment systems.

Edmondson stated that city staff had discussed the infrastructure and what was possible, and what was in place and used that as a guideline to determine the boundaries of the Impact Area.

McDaniel stated that the Area of Impact was decreased significantly. 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. Also present was Administrative Assistant Claudia Licht. Order No. 26-8 for payroll expenses in the amount of $27,226.06 was presented for approval. The October 2025 Credit Card Statement was also reviewed by the Board.

Jim Harberd moved, seconded by Gordon Wilkerson, to approve Order No. 26-8 for payroll expenses in the amount of $27,226.06. Motion carried.

The Board reviewed the Greaves Consulting Contract. Marvin stated he was not comfortable with the wording regarding withdrawal from the contract where it stated the district would still be liable for the $11,500.00.

Anticipated revenue for the district for the 2026 budget was reviewed. There was continued discussion regarding the proposed override levy of the district. Foster stated he had reached out to the Idaho State Tax Commission regarding a permanent override versus a two year override.

Marvin stated he would like the Prosecuting Attorney to review the Greaves Consulting Contract before signing.

Jim Harberd moved, seconded by Gordon Wilkerson, to approve the contract in the amount of $11,500 pending approval from legal counsel. Motion carried.

Harberd amended the motion, seconded by Nate Marvin to include allowing the chairman to sign upon approval of legal counsel. Motion carried.

Foster discussed the need of a grant writer. It was decided to revisit the matter next week.

Jim Harberd moved, seconded by Nate Marvin, 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)

Bridget Felmley, Planning and Zoning Administrator, met with the Board. Felmley stated she has submitted an offer of employment for the Administrative Assistant position, Pending the pre-employment drug testing the anticipated start date would be December 8, 2025. The public hearing date for the Area of City Impact was discussed. Felmley stated applications are needed from the Midvale area for Planning and Zoning Commission members.

IN THE MATTER OF PUBLIC HEARING)

Jim Harberd opened the hearing and read the following Legal Notice on the record:

LEGAL NOTICE IS HEREBY GIVEN that the Washington County Board of County Commissioners will hold a public hearing on the 24th day of November 2025 at 11:00

a.m. in the Commissioners meeting room, located on the lower level of the Washington County Courthouse, 256 East Court, Weiser, Idaho. Enter through the west secure entrance of the building.

The purpose of this hearing will be to receive public comments on the following matter:

AN ORDINANCE AMENDING WASHINGTON COUNTY CODE § 1-7-2 RELATING TO THE MEMBERSHIP AND APPOINTMENT OF THE PLANNING AND ZONING COMMISSION; PROVIDING FOR FLEXIBLE APPOINTMENT DATES; PROVIDING SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.

The term of office for the appointed members shall be four (4) years. No person shall serve more than two (2) full consecutive terms, without specific concurrence by two-

thirds (2/3) of the board adopted by motion and recorded in the minutes. All appointments will be made during the month of March of each year with the newly appointed member’s term to begin April following. Appointments and reappointments  may be made at any time as determined necessary by the board of county commissioners, and each newly appointed member’s term shall begin upon confirmation by the board.

Members may be removed for cause by a majority vote of the board of county commissioners. All vacancies shall be filled in the same manner as original appointments. Members shall be selected without respect to political affiliation, sex, nationality, religion, or creed, and shall serve without compensation, but shall be reimbursed for mileage incurred in attending meetings or other lawful business of the commission.

(Ord. 58, 4-10-2006; Ord. [         ], [Date])

Copies of the language in Proposed Ordinance No. 98 are available upon request at the Planning & Zoning Office.

All interested persons are invited to attend the hearing and comment or submit written comments prior to Thursday November 20th at 5:00 pm. The hearing will be accessible via zoom for observation only. The connection to the meeting is not restricted. Citizens interested in listening to the Commissioners’ meeting may do so by accessing it through the URL (https://zoom.us/j/499630910) and connect with a computer, iphone or android phone (you will need to download an app).

Harberd stated, “At this time, we’ll have the folks that have signed up to comment, we’ll call them up one at a time, and you will be allowed 2 minutes to make your comment. Please make sure it sticks, stays with the topic, the main topic of the appointments and the time. First was, we’ll start with those in favor. This will be Kirk Chandler. Please state your name.”

Chandler, “I’m Kirk Chandler. I just want to say that I’m in favor of these changes. Uh, we need to be able to, to, uh, appoint members as members drop off to keep a full commission, and just would encourage you to point people that are willing to follow the State Code on their responsibilities, so thank you.”

Harberd, “Thank you. Alright, at this time for those of you that are neutral on this. Mike Keach.”

Mike Keach, “Mike Keach from Midvale, and I was neutral on that, but I didn’t hear everything that was going on. And I am for the changes. I just want that. And I want people that’s going to represent everybody, and other than that, I can’t get off topic, but there’s a lot of other stuff I’d like to say.”

Rick Michael, “I have a question. So, what is the reasoning behind the changes? Why… what do you think it…

Harberd, “We’re just here to take your information. We can’t…”

Michael, “You can’t answer questions?” Marvin, “It’s a public hearing.”

Harberd, “Just your input on the situation.”

Michael, “Alright. Well, I don’t see a benefit to the county, I can’t see that. So, I’d have to say I’m probably against the changes. It seems like the Planning and Zoning has worked really well for quite a while, and changing the method of appointing and the terms, especially, you know, you’re limiting them to a 4-year term, two 4-year terms. You know, it takes a lot of knowledge, you know, it takes a while to learn about Planning and zoning, and it’s a pretty complicated ordinance. So, I hate to see people thrown off if they still want to serve.”

Robert Bennatts, “I’m from Cambridge area. And I want to speak, uh, um, for the changes. Uh, I did put on that I was, uh open, neutral on the issue. But, yeah, I can see where the changes are needed.

And this is a good time to make those changes. Thank you.”

Mary Beth Schwartz submitted petitions signed by those opposed to the ordinance changes. Schwartz stated, And I also have a request. The paper stated that we have 3 minutes um, to give our opinion. And so, and my husband happens to have it with him.”

Harberd, “Okay. Another thing I’ve done wrong today. So, whenever you’re ready.”

Schwartz, “Um, my name is Mary Beth Schwartz. Good morning, commissioners. Thank you for your time this morning, and I live in Cambridge. I do not support the BOCC’s proposed change to Washington County Ordinance 1-7-2. I’m here today because I’m deeply saddened by the turn of events over the past 10 and a half months, past ten and a half months, our county has become divided during this time, and it pains me to see it. I have known Gordon, Commissioner Gordon Wilkerson since I was 6 years old. Okay, so I’ll get to the beef of it then. Uh, the hardworking citizens of Washington County want to know that our tax dollars are being used to improve our county. And we deserve assurance that they’re being used responsibly. Therefore, I’m requesting that the Commissioners provide a full and transparent accounting of the costs associated with these ordinance changes; costs resulting from decisions made without thorough research. The BOCC must quantify all expenses to the county.”

Unknown Speaker, “Point of order. That’s off topic.”

Schwartz, “No, it’s not. It’s telling why I think it needs to be. You know, it needs to not be forwarded. Because the county is paying for this, and the hardworking citizens have a right to have their opinion stated. Okay, I’ve, so, I feel that our tax dollars need to be quantified, we need to make sure that anything that’s being spent is being well spent.

If we continue to change ordinances, then that is a problem. We’re a good county.”

Harberd, “Just tell us how you feel. Are you in favor? Opposed?” Schwartz, “No, I’m opposed to changing the ordinance.

Harberd, “Thank you.”

Marvin, “Are you giving them 3 minutes?” Harberd, “Yep.”

Jeri Soulier, “Thank you. I’m going to start at the end, just in case I run out of time. Jeri Soulier. I live at East Fork Road, Weiser, Idaho. The BOCC wants to change residency requirements and the length of P & Z terms and etc., and were met with overwhelming response from the county. The BOCC now wants to change P & Z appointments to year- round because the BOCC removed all P & Z at once without legal cause, stated in the former code. So, I’m talking about they want to change the P & Z appointments year- round, so I am against these changes. The actions of the BOCC has removed very experienced people, and what I found out on P & Z is that there’s no records, no rolodex, no anything to go back and say, when was this done? What were the names? And so, it’s literally a black hole of information that no one has access to or way to get through it, and so you’ve lost those people. And so, I’m against this change. That’s all. I’ve got plenty more to say, but you don’t want to hear it. Thank you so much for listening.”

Frank Schwartz, “Good morning, Mr. Chairman and Commissioners. Thank you for the opportunity to speak today. I’ve provided you with detailed written comments on your ordinance change proposal. I do not support the change proposal. I suggest this change process be abandoned. The sole purpose of this proposed change is to implement workarounds to a problem created by recent bad decisions by the Board of Commissioners. Changes to county code should not be used as a method of fixing problems created by poorly informed decisions by the commissioners. The Commissioner’s proposed change is not well thought out, is not consistent with Idaho Statute 67-6504, creates some new problems, requires this public ordinance change process that costs County takes taxpayers both time and money, and it is unnecessary.

The draft code change is less strict than Idaho law and does not reflect the results of a capable legal analysis. Idaho does not allow counties to be less strict than the state law. If the Ordinance 1-7-2 is to be changed, it must include at least two important aspects of the Idaho Statute that are currently missing from the proposal. First, per the law, appointments are made by the chairman, not other commissioners and confirmed by a majority vote. Second, the law requires that appointments, appointed P & Z commissioners, must remain a resident of the county during service on the P & Z Commission. These two points, among other process descriptions, are necessary to properly reflect Idaho law and the authorities of the BOCC members. The Board of Commissioners’ proposed change should not be supported as written. However, if you choose to move forward with the change, I have provided you with an ordinance change that corrects the errors and omissions of your commissioner’s proposal and is consistent with state law. I suggest that the Board of Commissioners pause and take a look back at

the past 9 months. Look at the chaos that’s been caused by quite a number of your decisions. Look at the resulting litigation and lack of legitimacy of settlements from your decisions. Look at the confusion you continue to cause by attempting to do the job of a P & Z Commission. The BOCC neither has the authority nor the expertise to do the job of the P&Z Commission, as has been evidenced a lot here recently.”

Harberd, “That’s, that’s enough of that. Just tell us, tell us opposed, or in favor or neutral? That’s, we’ve got a good idea here.”

Schwartz, “I, and I apologize, I’m hearing impaired this morning. My ears are plugged, and. My time’s up?”

Harberd, “That’s, yeah.” Schwartz, “Okay.” Harberd, “Dave Springer.”

Springer, “Dave Springer. I live in Midvale Idaho. Gentlemen Thank you for your time to share, and thank you for allowing me this time to share thoughts in this matter before you today. And if I need to be on record as being opposed, that would be my position. I’ll try to express my point of view as if I were sitting in your position. As you know, I’ve been there many times before. The position requires forethought, dedication to research, and good judgment. Good judgment comes from experience. And experience comes from poor judgment. At my age, I’ve had many experiences. Made my share of the mistakes.

Fear comes when we don’t learn from those mistakes. I’m keeping aware of the purpose of this hearing today. It is to hear the voice of the people that will be affected by any decisions you make on the matter. Public perception is often a misguided opinion of the facts of the matter. We humans believe that we see, what we see before we believe anything we hear or read. Any politician can attest to that. Actions speak louder than words. Elected Officials are measured by their actions, not necessarily words from their lips. Only positive actions can sway public opinion from negative to positive. Another philosophy, that if it ain’t broke, don’t fix it. Any changes to county code should be done through due process. The necessity of such changes needs to be thoroughly researched and clearly justified. Not doing so brings confusion, chaos, and mistrust. I also believe that any project to be successful is a sequence of events. Having those events in the proper order is the key to a favorable outcome. Findings of facts and Conclusions of Law have been a required practice in P & Z matters in the past for Board of County Commissioners and the P & Z Commission alike. With the Board of County Commissioners having the final decision on such matters. When done properly and with adequate legal counsel, it was a very effective tool to assure the public that the decision was reached by factual and legal procedures. In recent years, this process has become the duty of the prosecuting attorney. The Board of County Commissioners duties have been diluted to the point that biased individual opinions…”

Harberd, “Your three minutes are up.”

Springer, “I have a solution, if you’re willing to hear it.” Harberd, “Time’s up. Thank you very much. Linda Strain.”

Linda Strain, “Hi, Linda Strain, Weiser, Idaho. Um, I’m here to, uh, speak against, and I, it’s, the main thing that I want to um, bring out is the schedule for this hearing. I look around the room and very few of us are less than 60 years old. And, I know I’m not.

Um, and uh… the fact that we are having a meeting for open to all of your constituents for this purpose as a public meeting. And having it at 11 o’clock, rather than at 5 or 6 in the evening completely eliminates all the working people in Washington County. And I ask that you consider or reconsider rescheduling another meeting the same at the Vendome after 5, um, at a future date so it doesn’t conflict. Thank you very much for hearing me.”

Harberd, “Thank you, Linda.

Darin Braun, “My name is Darin Braun, I’m from Cambridge, Idaho, and I am against the changes. I just want to go on the record and say that I think this whole process has been crooked. I think it seems like an extension of a couple years ago when the group tried to delete the building codes. Um, there’s a reason for regulation in Washington County. I can remember the Bible church falling in, the skating rink falling in, the bowling alleys have fallen in, the sale barn falling in, and yet um, you were trying to get rid of the planning and zoning so that we can, uh, reduce our building codes, and we should be thanking God that no kids were killed, or people were killed, or our neighbors weren’t killed in any one of those disasters. Um, when I go to a restaurant, I’m glad I don’t have to worry about eating raw sewage, so, sometimes regulation you know, is a good thing. It’s not always a bad thing. I think that unless the original Planning and Zoning Board is reestablished, I just view this as a phony attempt to replace the board, and I see it as illegitimate, and I have no reason to follow the rules. If this is about liberty and freedom, then you can’t tell me it’s about, you know, we need to get rid of all these rules, and then in the next breath, turn around and tell me we’re going to replace it with another board that’s going to give me rules. Thank you very much.”,

Harberd, “Thank you very much. For the record, we have thirty plus people who signed a petition opposed. And then, in letters submitted prior to the meeting, that were opposed, there’s 6, 5 of them.”

Ture Pearce, “Mr. Chair, if I may be recognized for just a moment?” Harberd, “Sure.”

Pearce, “True Pearce, Washington County Prosecutor. I think we need to just take a moment and make a couple of corrections to the record and just make clear a couple things. I think there seems to be some confusion about what this ordinance does and does not do. So, let’s just be really, really clear. This ordinance does not change anything to do with the way you appoint new P & Z Commissioners. It doesn’t address that at all. We are

still following the existing county code. The only thing in the county code that is being changed is when you are allowed to make appointments. In the past, so that everybody knows, if they’ve been required to be made during the month of March, and then the person would start in the month of April. The problem with this is, if someone resigns in October, you can’t replace them. If people get in an accident, uh, if their health goes bad and they can no longer serve. If you have people that don’t show up, uh, and they need to be replaced, uh, you, and you remove them for cause or for any other reason, at that point, you have to wait until March and April to reappoint them according to our code.

The only thing that this changes, it simply means that you, as the county commissioners, can determine if it’s necessary to replace someone outside of those months. So, it doesn’t change the role of the chair in appointing them. That language, as is found in Idaho code, is still there. I also want to point out really quickly that the Board of County Commissioners has all of the powers that the Planning and Zoning has under Idaho Code 67-6504, it very clearly says a city council or Board of County Commissioners, which is what you are, hereafter required to as a governing board may exercise all of the powers required and authorized by this chapter, and in accordance with this chapter. So, you guys have all of the power, uh, you delegate it to a P & Z Board to help take some of that stress and pressure off of you. But you certainly don’t give any of that up. So, uh, it is appropriate for you to update ordinances as it’s necessary. Uh, county ordinances, that’s part of your job, is to update them as things change, and as we find problems in county code. So, I just want to make it clear that this isn’t affecting any other part of the county code, it does not remove P & Z Commissioners, it doesn’t mean we don’t have a P & Z Commission anymore. It simply means that you guys can replace commissioners as it becomes necessary and when it’s necessary. Are there any questions?”

Schwartz, “I think True, I think you need…” Pearce, “I was addressing the Commissioners.”

Schwartz, “Mr. Chairman, Mr. Pearce conveniently only read part of the statute.” Harberd, “Frank, we can’t take any more comment.”

Marvin, “Don’t have anybody else wants to comment, close the hearing, I guess.”

Harberd, “That concludes this meeting at 11:28 a.m.” Harberd thanked those who attended. Harberd stated a decision will be made next Monday.

IN THE MATTER OF PROSECUTING ATTORNEY)

True Pearce, Prosecuting Attorney, met with the Board. The Board requested Pearce review the Greaves Consulting Contract for the Ambulance District. Marvin forwarded the contract to Pearce for review.

Jim Harberd moved, seconded by Gordon Wilkerson, to go into executive session at 11:35 a.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 12:14 a.m. “No final actions or decisions were made during the executive session. We will now return to our regular agenda. “

Pearce stated executive session was entered under (f) but there was also discussion under a & b, personnel that was appropriate, but was not part of the motion.

Motion by Jim Harberd, seconded by Gordon Wilkerson, and unanimously carried to recess at 12:22 p.m. until December 1, 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.