The Board of County Commissioners of Washington County, Idaho, does hereby meet this 12th day of May, 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 letter from May 1, 2025, from ICRMP (Idaho Counties Risk Management Program) regarding Membership Changes.

Nate Marvin reported that he attended the Fair Board meeting last week. Marvin stated there is a possibility that donations may be received to assist with the construction of the beef barn.

Gordon Wilkerson reported that he attended the SREDA (Snake River Economic Development Alliance) meeting last week and provided an update. Wilkerson also attended the Weiser Soil and Water Conservation District meeting last week and stated there may be funding available for culvert installations.

Jim Harberd moved, seconded by Nate Marvin, to approve an Alcohol Beverage Catering Permit submitted by Sunnyside Farm and Events, LLC doing business as Sunnyside Sips to be used June 6, 2025. Motion carried.

Jim Harberd moved, seconded by Gordon Wilkerson, to approve an Alcohol Beverage Catering Permit submitted by Sunnyside Farm and Events, LLC doing business as Sunnyside Sips to be used June 28, 2025. Motion carried.

Nate Marvin moved, seconded by Gordon Wilkerson, to approve a demand warrant payable to Ridley’s Market in the amount of $148.82. Motion carried.

Gordon Wilkerson moved, seconded by Nate Marvin, to approve a demand warrant payable to Comfort Zone in the amount of $141.00. Motion carried.

Gordon Wilkerson moved, seconded by Nate Marvin, to approve the Idaho Gem Grant Agreement between Washington County and Idaho Gem Grant to support the Washington County Bore-Buddy Project. Washington County will sponsor the grant. Motion carried.

Marvin discussed the updated bid from B & W Heating and Cooling in the amount of

$6,825.00 for a heating and cooling unit for the Prosecutor’s Office.

Nate Marvin moved, seconded by Gordon Wilkerson, to approve the updated bid for B & W Heating and Cooling in the amount of $6,825.00. Motion carried.

IN THE MATTER OF MINUTES)

The minutes of the Board, not heretofore approved of May 5, 2025, were approved as amended.

IN THE MATTER OF CLAIMS)

The Auditor was authorized to issue warrants totaling $473,696.28 for general expenses by a motion of Jim Harberd, seconded by Gordon Wilkerson. Motion carried unanimous.

IN THE MATTER OF ROAD & BRIDGE/SOLID WASTE)

Jerod Odoms, Road and Bridge/Solid Waste Supervisor, met with the Board. Odoms discussed the Scope of Work Document on Cove Road Bridge. Odoms stated that Odo Grande has agreed to participate on the selection committee. Odoms reported that the bid opening for the Cove Road Bridge Project will be June 10, 2025. Odoms reported that Willie Hollis will be retiring from the Road Department, and the open house will be May 29, 2025, at the Weed Department. Odoms provided a department update to the Board.

Odoms presented an Application for the Placement of Culverts/Approaches to be placed on parcel # RP14N02W197500 on Hall Road to the Board for approval.

Gordon Wilkerson moved, seconded by Nate Marvin, to approve an Application for the Placement of Culvert on parcel # RP14N02W197500 on Hall Road. Address to be determined. Motion carried.

Wilkerson informed Odoms that there are remaining funds in a grant through the Weiser Soil and Water Conservation District. Wilkerson asked if it would be possible for Odoms to apply for the funds.

Odoms asked if the funding was restricted to use on Chicken Creek which would be a concern. Odoms also expressed concerns of the possible need of matching funds. Odoms stated the decision would be up to the Board.

Wilkerson will request additional information from Vickie Lukehart with the Weiser Soil and Water Conservation District regarding the grant funding.

IN THE MATTER OF SHERIFF)

Matt Thomas, Sheriff, met with the Board. Thomas informed the Board that Deputy Bret Dean retired as of May 10, 2025. Thomas stated that per Idaho Code 31-830 the Sheriff’s Department would like to award Dean his handgun, badge and retired ID card. Thomas presented Resolution 25-03 allowing Deputy Dean to receive his handgun, badge, and retired ID card upon his retirement from the Sheriff’s Department.

Jim Harberd read Resolution 25-03 on the record.

Nate Marvin moved, seconded by Gordon Wilkerson, to approve Resolution 25-03 as read on the record by the Chairman. Motion carried.

IN THE MATTER OF BUILDING PERMITS)

Joe Kulp, 1925 Heinrick Road, met with the Board. Kulp requested the Board to release a building permit on property located at 1889 Heinrick Road.

Harberd stated he didn’t know the details.

Kulp then stated he would like the right to get a building permit. Kulp told the Board he started with 160 acres and exercised the splits a couple years ago and sold three twenty- acre parcels. Kulp stated that he has “100 acres with a house on it, a twenty with a house 40 acres with some farm buildings on it, and a twenty and a twenty.” Kulp told the Board that he would like to get a building permit or the right to get a building permit on the 40 acres so he can live there more than 180 days per year. Kulp stated this would be in addition to the “split rule”.

Marvin stated that the Board would need to talk to the Planning and Zoning Office. Marvin asked if Kulp had anything in writing for the request.

Kulp stated there are persons who are requesting permits on ground that does not have an original split on it. Kulp stated that he and Tad Mundell are looking for their permits. Kulp told the Board that it was his understanding the Mundell had been granted a building permit.

Marvin stated that Mundell’s permit was part of a settlement.

Kulp stated he was trying to get the matter solved peacefully. He discussed the Lancaster decision and told the Board that the Lancaster deal open “up a can of worms”. Kulp further stated that he had been before the Board several times and had been denied several times.

Marvin stated the Board could not make a decision today.

Kulp inquired if Washington County is honoring that if you have twenty acres or more you can apply for a building permit.

Marvin stated Kulp should make an application to the Planning and Zoning Office. Kulp stated his applications were previously denied by Planning and Zoning.

Gordon Wilkerson stated that he would like to go into executive session with legal counsel.

Gordon Wilkerson moved, seconded by Nate Marvin, to go into executive session at 10:16 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 11:28 a.m.

Harberd recommended that Kulp go back to Planning and Zoning with all the appropriate paperwork and re-apply for a building permit.

IN THE MATTER OF WEISER SENIOR CENTER BUDGET REQUEST)

Karin Hoffer, President of the Weiser Senior Activity Center, met with the Board. Hoffer presented the 2024 Annual Report to the Board for review. Hoffer discussed annual expenses with the Board.

Marvin discussed previous budget requests and asked if they had a budget request to present. Marvin stated that in 2025 the budget request was $6,000. Marvin requested that a budget be submitted to the Clerk.

Hoffer stated that they would like to receive $10,000.00 in funding for fiscal year 2026. IN THE MATTER OF PLANNING AND ZONING/BUILDING PERMITS)

Bonnie Brent-Dowell, Planning and Zoning Administrator, and Danny Roark, Building Inspector, met with the Board.

Brent-Dowell read the following statement on the record: “The P & Z office has received building permit applications that due to the current confusion in regard to the interpretation of County Code, we need, at the least, written directive from the Board on how the P & Z Office should interpret and apply the code moving forward. We have a

couple of building permit applications that I would deny based on the interpretation and application of the code for the past twenty-two years since the implantation of the one or twenty rule. Again, with the current confusion, I would like written direction on how to move forward on these.’

Brent-Dowell asked if the Board would like to do something similar as they do for the Road & Bridge Department when approving access permits.

Brent-Dowell discussed the earlier meeting between Joe Kulp and the Board where Kulp was directed to re-apply to the Planning and Zoning Office. Brent-Dowell asked if she was to continue to do things as they have been done for the last twenty-two years? Brent- Dowell stated that without a directive from the Board she cannot do anything different. Brent-Dowell stated that the Planning and Zoning Office cannot make the decision. This is the Commissioners’ decision.

Harberd stated that he wanted to clarify that what has come forward in the last few months is an awful lot of information. Trying to figure out “what is and isn’t” is tough. Harberd said he understood where Brent-Dowell was coming from and that he hoped for more clarity going forward.

Marvin stated that the Board has had legal counsel provide interpretations of County Code. They County received interpretations from Givens Pursley regarding the code. Marvin stated he had requested a third opinion. Marvin further stated that there were so many opinions, that he didn’t know which one to follow. The third opinion was read on the record last week by True Pearce. Marvin further stated that they need to follow the code as written going forward. What does that mean? Marvin stated that he was “not 100% sure, but this needs to be settled so Bonnie knows how to proceed when someone comes into her office, and she can issue permits and not have people having to wait.” Marvin stated that, as far as giving Bonnie something in writing, he wasn’t sure that was necessary, and that he felt that the Board could just tell Brent-Dowell what they want. Marvin discussed upgrading the County Code. Marvin said he previously suggested having A2 ground as transitional. Marvin said that there are options that could be looked at to protect farm ground and still needs to be a priority. Marvin said that growth needs to be controlled, and it needs to be done right.

Wilkerson stated that there were two interpretations of County Code from Givens Pursley. Wilkerson further stated that the Prosecuting Attorney, around two years ago, in an open meeting stated our county was set up for a building right on 20 acres or more of A1 ground. Wilkerson discussed the current Prosecuting Attorney’s interpretation of County Code. Wilkerson stated that if a permit application meets the criteria of the code a decision can be made.

Brent-Dowell reminded the Board that the Planning and Zoning Commission spent a large amount of time reviewing County Code and those changes were submitted to the previous Board for review. Brent-Dowell asked if the Board would like to review those proposed changes.

Harberd stated that the thought of the County going through endless 20-acre splits has caused a lot of fear and concern. Harberd stated that he is here to help preserve agricultural land as it is the backbone of the County. Harberd stated he was not going to make a decision that he is not thoroughly informed on. Everyone can interpret something differently; five people can interpret something five different ways.

Nate Marvin moved, seconded by Gordon Wilkerson, to go into executive session at 11:03 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 11:51 a.m.

Nate Marvin moved, seconded by Gordon Wilkerson, to direct Bonnie and the Planning and Zoning Department to honor the settlements that were negotiated by the current Prosecuting Attorney and to further direct Bonnie and Planning and Zoning to follow code as written as per the Memorandum of Opinion from the current County Prosecuting Attorney, and if P & Z has any legal questions, to contact the County Prosecuting Attorney. Motion carried unanimous.

Harberd stated that he wanted to acknowledge that there are some parts of Code that need to be reviewed and corrected. The Board will be asking for public input on the matter.

Marvin stated that the Board needs to honor their pledge to protect farm ground as much as they can. Marvin further stated that additional research needs to be done to see what will be best for the County. Marvin said one size will not fit all.

Wilkerson stated that the Code that is in place, there was liability that needs to be addressed. Wilkerson stated that the Board has not had the opportunity to discuss the matter. Wilkerson said that he felt the three commissioners are in favor of some modifications to the Code, but they had to recognize that if the Board didn’t address what was in Code, the County would be held liable. Wilkerson stated that public input is something that “we all need.”

Bonnie inquired if the Board would be interested in signing off on building permits similar to the process followed by Road and Bridge Supervisor, Jerod Odoms, on Applications.

The Board did not agree to sign off on building permit applications.

Danny Roark, Building Inspector, told the Board that compliance seems to be an issue. Roark asked if compliance issues are to be run through Prosecutor Pearce or can Roark issue compliance letters?

Pearce stated it would depend on the situation. The matter will be discussed next week.

Brent-Dowell inquired as to what the Board would like to do regarding the Burce Winegar Variance Decision. The matter will be added to a later agenda.

IN THE MATTER OF PROSECUTING ATTORNEY)

True Pearce, Prosecuting Attorney, met with the Board. Pearce stated that based on recent criticism that he has heard of the County Commissioners and the Open Meeting Law and executive sessions that the Board has been going in, it needed to be addressed with the public. Pearce read a May 12, 2025, Memorandum to the Public: Executive Sessions and Responsible Governance on the record. The full memorandum is available upon request from the Clerk’s Office.

Gordon Wilkerson moved, seconded by Nate Marvin, to go into executive session at 12:17 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; 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 1:11 p.m.

Harberd stated that the Board is now back in open session. No final action or decision was made during executive session.

Motion by Nate Marvin, seconded by Gordon Wilkerson, and unanimously carried to recess at 1:15 p.m. until May 19, 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.