10/06/2025 BOCC minutes - Recall True Pearce

The Board of County Commissioners of Washington County, Idaho, does hereby meet this 6th day of October, 2025.

IN THE MATTER OF ROLL CALL)

Brenda Lee, Deputy Clerk, called roll call: Nate Marvin, present; Jim Harberd, present; and Gordon Wilkerson, 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.

Gordon Wilkerson reported that the SREDA (Snake River Economic Development Alliance) meeting was postponed. Wilkerson stated that the Weiser River Soil Conservation District meeting was also cancelled.

Nate Marvin reported that he attended the Fair Board meeting last week. Marvin stated that the Fair Board did receive three bids for the beef barn project. Marvin reported the lowest bid for phase one was from Gladhart Construction LLC from Cambridge for

~~$72,000.00~~ $72,500.00. Other funding from the Mellon Foundation and Idaho Power will also be used for the project. Other bids received were from Jake Holcomb Construction in the amount of $170,054.87 and Dairymple Construction in the amount of $195,960.00. Marvin presented copies of the bids to the Commissioners for review.

Jim Harberd moved, seconded by Gordon Wilkerson, to approve an Alcohol Beverage Catering Permit Application for Sunnyside Farm & Events, LLC doing business as Sunnyside Sips to be used on October 13, 2025. Motion carried.

Nate Marvin moved, seconded by Gordon Wilkerson, to approve an Alcohol Beverage Catering Permit Application for Sunnyside Farm & Events, LLC doing business as Sunnyside Sips to be used on October 17, 2025. Motion carried.

Nate Marvin moved, seconded by Gordon Wilkerson, to approve a Retail Alcoholic Beverage License Application for DG Retail, LLC doing business as Dollar General Store #23480. Motion carried.

Nate Marvin moved, seconded by Gordon Wilkerson, to approve a demand warrant payable to Ridley’s Family Market in the amount of $952.97. Motion carried.

Nate Marvin moved, seconded by Gordon Wilkerson, to approve a demand warrant payable to Wex Bank in the amount of $399.94. Motion carried.

Nate Marvin moved, seconded by Gordon Wilkerson, to approve a demand warrant payable to Agape Bridge Solutions, PLLC in the amount of $5,400.00. Motion carried.

Nate Marvin moved, seconded by Gordon Wilkerson, to approve the August 2025 Operation in Funds/Statement of Treasurer’s Cash in the amount of $17,939,829.75. Motion carried.

IN THE MATTER OF MINUTES)

The minutes of the Board not heretofore approved of August 21, 2025, Public Hearing were approved as written.

The minutes of the Board not heretofore approved of September 22, 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 discussed the Idaho Transportation Department Local Professional Services Agreement for Cove Road Bridge.

Jim Harberd moved, seconded by Gordon Wilkerson, to approve the Idaho Transportation Department Local Professional Services Agreement for Cove Road Bridge. Motion carried.

Odoms stated that Megan Kautz, Engineer with LHTAC (Local Highway Technical Assistance Council) had reviewed the agreement.

Odoms discussed the draft Washington County Road and Bridge Contracting Manual. Odoms stated that copies had been emailed to the Board and Prosecuting Attorney, True Pearce last week for review.

Odoms inquired if any change orders had been received on the Cove Road Bridge Project. Harberd stated that he had not received any change orders on the project.

Odoms provided a department update to the Board. Conditions of gravel roads was discussed.

Wilkerson stated that keeping the speed limit down would help in maintaining roads.

Odoms stated that speed limit signs will be posted. Odoms stated that he would like to schedule a county auction and would provide a list of items for the auction.

Marvin stated that he believed the Sheriff’s Office may have some items for auction as well.

Odoms stated that he would like to discuss the draft fee schedule with the Board and set public hearing.

Odoms informed the Board he had received a quote on a new loader for Solid Waste. Odoms will present the quote at a later meeting. Odoms told the Board that Solid Waste employees stated that they are seeing quite a bit of hostility from customers. Odoms stated that the Sheriff’s Department has been called when incidents occurred.

Marvin stated that they would put it on another agenda and discuss it further.

IN THE MATTER OF COUNTY CODE AND STATE CODE COMPLIANCE)

Frank Schwartz, Cambridge, Idaho, met with the Board and read the following statement on the record:

“On July 10, 2025, Commissioner Marvin and Commissioner Wilkerson voted to remove the Planning & Zoning Commissioners. With this 2/3 majority vote, the removal action was theoretically official. However, the P & Z members were never officially notified of their termination, not by letter, email, or phone call. The removal action was likely illegal due to the basis for the action, the lack of a proper motion and no follow-through to the Planning & Zoning members.

Since July 10. There has been no Planning & Zoning Commission to carry out the actions required in the County Code and Idaho Statute 67-6509. County Ordinances in 1-7-3, 1- 7-4, and 1-7-5 as well as Idaho statutes 67-6504 and 67-6509 are being violated every time the Board of County Commissioners is taking any action described as the responsibility of the Planning & Zoning Commission, since the Board of County Commissioners does not have that authority without making formal changes to the County Ordinances. Does the Board of County Commissioners recognize that, without a Planning & Zoning Commission in place, you are violating both the County Code and Idaho state laws at 67-6504 and 67-6509? The Board of County Commissioners has not taken an action to amend County Code, so your current actions violate both Idaho law

and the County Ordinances. The Board of County Commissioners needs to immediately cease and desist your current practices and either reinstate the Planning & Zoning Commission or revise the Ordinances, with all notice and hearing to reflect your current practices. By acting without a functioning Planning & Zoning Commission, it appears the County risks that its decisions could later be challenged or invalidated in court.

On July 14, 2025, the Board of County Commissioners moved to hold a public hearing on a revised County code 1-7-2, which was subsequently held on August 21. The proposed changes to the County Ordinance 1-7-2 involved reducing the number of Planning & Zoning Commissioners from nine to five, and to change the County resident eligibility requirement from five years to two years. The public response at the hearing and in writing overwhelmingly opposed the suggested changes and provided substantial evidence to the Board of County Commissioners on why the change was not in the best interest of the citizens of the County. Even though this should have been an extremely simple decision for the Board of County Commissioners, no decision has yet been made more than a month and a half after the hearing. In the meantime, our County continues to suffer as a result of the chaos that has been created by this and other actions of the Board of County Commissioners. Please immediately motion and decide to vacate the proposed change and leave Section 1-7-1 unchanged.

True has offered to meet with the fired Planning & Zoning Commission to discuss the future operation of the Planning & Zoning. True has indicated that he will support the reinstatement of the Planning & Zoning, assuming a cordial meeting and outcome. The County Commissioners have each individually committed to support and request that this meeting between True and the Planning & Zoning Commission occur. We need all of you commissioners to follow through on your commitment and request a meeting occur immediately between True and the Planning & Zoning Commissioners. We need our Planning & Zoning Commission back in place to conduct County business and end the chaos. If you decide not to reinstate the Planning & Zoning Commission, you cannot appoint new members until March 2026 according to the current County Ordinance.

The following information is from the Idaho Open Metting Law Manual:

‘The term “deliberation” is also defined and means a receipt or exchange of information or opinion to a decision but shall not include informal or impromptu discussion of a general nature that do not specifically relate to a matter then pending before the public agency for decision.” Note that this does not require any discussion of preliminary decision making. Even the receipt of information relating to a “decision”-i.e., a measure on which the governing body will have to vote – amounts to deliberation and therefor triggers the definition and requirements of a “meeting” under Open Meeting Law.

The California Court of Appeals discussed the dual facets of deliberation and action in Sacramento Newspaper Guild v. Sacramenta County Board of Supervisors: It (California’s Open Meeting Law) declares that law’s intent that deliberation as well as action occur openly and publicly. Recognition of deliberation and action as dual components of the collective decision-making process brings awareness that the meeting

concept cannot be split off and confined to one component only but rather comprehends both and either. To “deliberate” is to examine, weigh and reflect upon the reasons for or against the choice…Deliberation thus connotes not only collective discussion, but the collective acquisition and exchange of facts preliminary to the ultimate decision.

Idaho Code 74-206 says, ‘No executive session may be held for the purpose of taking any final action or making and final decision.’

There are many examples of your Open Meeting Law violations since January 2025.

On May 12, 2025, Commissioner Marvin moved, seconded by Commissioner 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 the Planning and Zoning to follow code as written per the Memorandum of Opinion from the current County Prosecuting Attorney, and if Planning & Zoning has any legal questions, to contact the County Prosecuting Attorney”. Motion carried unanimous. This motion was made immediately following an executive session. The motion was clearly written and there was no discussion by the County Commissioners prior to the motion, which implies that a decision was already reached within the executive session.

The Executive Session during the September 22, 2025, Board of County Commissioners meeting topic titled “Remote Work Policy Discussion” is yet another example of abuse of the Executive Session authority. These types of discussion should be held in a public forum.

At the August 25, 2025, Budget Hearing, I requested that the County Commissioners approve expenditure of funds and provide a oversight of all County organization, including the Prosecuting Attorney. I mentioned a specific example of the Holland and Hart contract, that had no record of approval by the Board of County Commissioners and was not an independent legal opinion due to the construct of the request. Commissioner Marvin corrected me and said that the Holland and Hart request was approved by the Commissioners and that it was independent. The official record does not support either of those contentions. In an email to all commissioners on August 26, I requested that the Commissioners correct the record with respect to Mr. Marvin’s correction of my statements. On September 2, the meeting minutes from August 25 were approved by the Board of County Commissioners with no changes. I am again requesting that the record be corrected to reflect that there was no approval given to pursue the Holland and Hart review in an open meeting. If that request was actually made and approved but in executive session, that open meeting law violation must also be cured. And I request that the full contract (scope, schedule, hours, budget) with Holland and Hart for that outside opinion be made available to the public for review. As a side note, Holland and Hart actually recommended that County Code be changed per True’s memorandum, but the Board of County Commissioners instead implemented the memorandum.

Finally, I and many other citizens of this County want you Commissioners to know that we will help and support you. But you must work within the bounds of the law, our

County Ordinances, and the wishes of the hardworking citizens of Washington County. We need you to allow the processes to work, make thoughtful decisions, and not be working outside of the laws and rules. We also need your assurance that there are no deals being made outside of the public forum. Be transparent. Thank you for your time.”

IN THE MATTER OF ELECTED OFFICIALS AND DEPARTMENT HEADS)

Tyler O’Donnell, Extension Educator, addressed the Board. O’Donnell stated that 4-H enrollment is open, and they have started receiving enrollments. O’Donnell further stated that some kids attended a conference last week. O’Donnell informed the Board he will be out of the office for the next couple weeks. O’Donnell discussed the MOU (Memorandum of Understanding) between Washington County and the University of Idaho which was previously forwarded to the Commissioners for review. O’Donnell stated the only changes to the MOU were related to the county vehicle and mileage reimbursement due to the vehicle being out of commission for the foreseeable future.

Marvin stated he was unaware that there were issues with the county vehicle.

Harberd stated that O’Donnell had previously informed the Board of the issues with the vehicle. There was discussion of the value of the vehicle.

Nate Marvin stated that it might be something to put in the auction.

Nate Marvin moved, seconded by Gordon Wilkerson, to allow the Commissioners to sign the Cooperative Agreement for University of Idaho Extension Programs. Motion carried.

Sabrina Young, Treasurer, appeared before the Board and presented information to the Board regarding the Idaho Association of Counties Fall County Officials Institute that will be held November 12, 2025, at the Vendome in Weiser. Young stated the topics to be covered at the training are Open Meeting Law, Public Records Act, Ethics in Government, Intro to Idaho State and Local Government, Purchasing by Political Subdivisions, Financial Transparency and Reporting, and Round Table Discussion. Young stated that the Treasurers and Assessors Association signed a joint resolution to submit to JFAC (Joint Finance Appropriation Committee) in support of statewide uniformed property appraisal and tax software program. Young stated the Treasurer’s office is preparing to fiscal year end and tax drive.

Marvin stated that he has been talking to other counties, and they are given copies of the Operation in Funds and Statement of Treasurer’s Cash every month.

Young stated that the Board is given copies of the Operation in Funds and Statement of Treasurer’s Cash as well.

Marvin stated that the Board signs it (the Operation in Funds/Statement of Treasurers Cash) and passes it on. “We don’t have a copy to keep and review.”

Young stated a copy could be provided to the Board. Young further stated that she would be happy to go over the reports in a meeting with the Board.

Brenda Lee, Deputy Auditor, stated that is actually something that she prepares for the Board to review. Lee stated that when she prepares the report for approval, she will make copies for the Board.

Bonnie Davis, Weed Superintendent, addressed the Board. Davis stated that they will be working in the Advent Gulch area and finishing up weed projects for the season. The Weed Board meeting will be on October 14th. Project sifting for the 2026 applications with Weed Board members will be October 22 at 5:00 p.m. Davis reminded the Board that the Weed and Rodent Board meeting in November will be held on the 18th due to the holiday. Davis stated the department is working on year-end reports and the 2026 calendars have been completed. Davis stated the crew is working on the Forest Service and BLM (Bureau of Land Management) Assistance Agreement.

Debbie Moxley-Potter, Assessor, addressed the Board. Moxley-Potter stated the appraisers are out in the field working on revaluation. The office is getting ready to do the Occupancy and New Construction Roll.

Robert Peterson, Information Technology Director, met with the Board. Peterson reported that he attended the Idaho Digital Government Summit in Boise last week. Peterson reported that the apprentice from ITS will begin working at the county next week. Peterson further stated that is will be a two-year program at no cost to the county.

Matt Thomas, Sheriff, stated that he would have a couple items to put in the county auction.

Danny Roark, Building Inspector, met with the Board. Roark stated that since August 25th, eight permits have been issued, twenty-nine inspections have been completed, and four applications have been received. Roark stated that three of the applications are waiting for additional information. Roark informed the Board that since August 25th, he has spent twenty days in Planning and Zoning. Roark stated there are numerous questions coming to Planning and Zoning.

Roark requested the following from the Board:

Written Clarification of the “One building permit per every twenty (20) acre parcel. What qualifies a twenty (20) acre parcel for a building permit or excludes it from having one?
Written clarification on how deed searches and split searches will be done and presented to the public when requesting such documentation.
A Certificate of Completion (C of C) for all building permits issued on any structure other than new dwellings. All new dwellings will have a Certificate of Occupancy (C of O) issued.

Roark discussed Ag Exemptions. Roark asked if the county was going to require ag permits. Roark stated that per the Assessor, in order to receive an Ag Exemption, all requirements have to be met. Roark stated there are numerous projects now that do not have any type of application submitted.

Roark reiterated that he would like letters from the Board to give to the public. Roark will provide a copy of the requested items to Harberd.

Debbie Moxley-Potter, stated that some people fill out ag declaration and say the building will be used for ag. Moxley-Potter stated the building may be on ag land, but it has living quarters, but the building has living quarters in it. By State Statute, an ag building cannot have a living quarters. It can have a bathroom, but it cannot have a bedroom or kitchen. Moxley-Potter stated they are finding some that have septic permits and state how many bedrooms are in the building. Moxley-Potter said they are also seeing structures built that have living quarters that have no permits. There are many ramifications if you don’t get a building permit, if you don’t get inspections, you may not get insurance. You may get damages, and insurance may not cover the damages. There are sales of real estate that fall through because there was no building permits issued, and no inspections done.

Jerod Odoms, Road and Bridge Supervisor, stated there is no charge for an access permit, it is required to fill out a permit request and have inspections before and after. Odoms stated this is addressed in County Code and Design Standards.

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.

Brenda Lee, Deputy Clerk, called roll call: Nate Marvin, present; Jim Harberd, present; and Gordon Wilkerson, present.

Alan Foster, Ambulance District Director, met with the Board. Also present was Administrative Assistant Claudia Licht. Order No. 25-50 for payroll expenses in the amount of $26,588.98, Order No. 25-51 for general expenses in the amount of

$10,481.43 and Order No. 26-01 for general expenses in the amount of $2,255.76 was presented to the Board for review.

The Budget vs Actual report for October 2024 to August 2025 and the Cash Flow report for October 2025 through January 2026 was presented to the Board for review. Foster stated that several cuts have been made. Foster reported that the district may receive an additional $10,000 through the Community Paramedic Grant.

Foster stated he is continuing to do research on the possible over-ride levy. Foster stated that he hoped to keep the cost of the consultant below $20,000.00. Foster further stated that they are working with the LOR Foundation for assistance.

Marvin questioned if they had looked into the Mellon Foundation for funding. Marvin will see if Pearce could review even though he is not legal counsel for the ambulance district.

Foster stated the Tax Attorney will be reviewing documents. Foster informed the Board he had requested release of grant funding for the radio purchase in the amount of

$40,000.00. The funding will provide seven handheld radios for the district.

Foster reported that one ambulance is out of service due to an oil leak. The estimated cost of repairs is $8,000.00 from Smith’s Auto.

Nate Marvin moved, seconded by Jim Harberd, to approve Order No. 25-51 for general expenses in the amount of $10,481.43. Motion carried.

Nate Marvin moved, seconded by Gordon Wilkerson, to approve Order No. 25-50 for payroll expenses in the amount of $26,588.98. Motion carried.

Nate Marvin moved, seconded by Gordon Wilkerson, to approve Order No. 26-1 for general expenses in the amount of $2,255.76. Motion carried.

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.

Brenda Lee, Deputy Clerk, roll call: Nate Marvin, present; Jim Harberd, present; and Gordon Wilkerson, present.

IN THE MATTER OF PLANNING AND ZONING ADMINISTRATOR POSITION DISCUSSION)

Nate Marvin moved, seconded by Gordon Wilkerson, to go into executive session at 10:27 a.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. Motion carried unanimous. Gordon Wilkerson, Aye; Jim Harberd, Aye; Nate Marvin, Aye.

Jim Harberd stated they were out of executive session at 10:58 a.m. “No final action or decisions were made in executive session We will now return to our regular agenda.”

IN THE MATTER OF PEARL LANE SUBDIVISION FINAL PLAT)

Eric Stricker with Stricker Surveying met with the Board. Stricker stated that the Board had previously approved the Final Plat for the Pearl Lane Subdivision. The Board signed the Final Plat.

IN THE MATTER OF REQUEST FOR ATTORNEY FEES)

Lawerence Wasden, Attorney for Delton Walker, met with the Board via zoom. Wasden stated that he is requesting on behalf of his client, Delton Walker for coverage of his attorney fees in the case of Moye vs the State of Idaho and variety of other persons including Washington County and officials from Washington County. Wasden stated the lawsuit was filed on March 28, 2025, and was served on most Washington County Officials on or about April 15, about the middle part of April. However, it was not served on Mr. Walker until June 11, 2025. Prior to Mr. Walker being served, the Washington County Prosecutor, True Pearce, also filed a case directly against Mr. Walker. That case was filed on April 23 and claimed that Mr. Walker committed usurpation of office. The reason that is important is because the prosecutors’ filing of that lawsuit disqualified the Washington County Prosecutor and his office members from representing Mr. Walker in the Moye lawsuit which was the one filed on March 28 and specifically Idaho Rules of Professional Conduct 1.7 and 1.8 would find that to be a conflict of interest which would disqualify Mr. Pearce and his office from representing Mr. Walker. Also, in the case of Dickerson vs Washington County and a variety of other individuals, the Board authorized individual county officers to obtain their own legal services with a maximum of $500.00 per hour. In fact, one of the persons who was authorized to do that was Bonnie Brent who was no longer, or at the time of that approval by the Commissioners, no longer a county employee. She resigned a few days before. I note that Idaho Code 31-2604 imposes the duty on the County Prosecutor to prosecute or defend all actions, civil or criminal, in the district court of his county in which the people, of the state, or the county are interested or are a party. I also note that Idaho Code 31-2014 provides that any county elected official, with the approval of the Board of County Commissioners, may hire an attorney to act as his legal advisor. Those Statutes are operational here. Mr. Walker was, at all times, within the Moye lawsuit, acting as elected Washington County Prosecutor and therefore subject to his attorney fees being covered by Washington County. I point out that Lyndon Haines is in a similar situation. In fact, during our last hearing on this matter, the Court was quite distressed that Mr. Haines did not have representation. On that basis, Wasden requested that the County Commission cover Mr. Walker’s attorney fees that have been incurred and will be incurred as he defends himself for actions taken while he was the Washington County Prosecuting Attorney.

Gordon Wilkerson moved, seconded by Nate Marvin, to go into executive session at 11:08 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. Nate Marvin, Aye; Jim Harberd, Aye; Gordon Wilkerson, Aye.

Jim Harberd stated they were out of executive session at 11:21 a.m. “No final action or decisions were made in executive session We will now return to our regular agenda.”

Nate Marvin stated he would like to take time to review the information presented and place the matter back on the agenda for next week. Wilkerson seconded the motion. Motion carried.

The matter will be addressed at 9:30 on Tuesday, October 14, 2025.

Wilkerson stated that during executive session, the Board discussed the employment of a Planning and Zoning Director. Wilkerson stated the discussion brought forward to him, there were three applicants, off the three, one stood out a little more than the other two. Wilkerson stated that in his opinion, he felt that Bridget Felmley was the one he would choose for the position.

Marvin stated he agreed. Marvin said Felmley already lives in Washington County. She is actively involved in her community. Marvin further stated Felmley has experience with Planning and Zoning issues through the title company. Marvin stated he was willing to offer Felmley the job.

Harberd stated he agreed. Harberd clarified that the position would be five days per week in office.

Wilkerson said that was discussed and he felt that was what the taxpayers were looking for – ~~8:30 -5:00~~/ correction 8:00 – 5:00, five days a week.

Marvin stated it would be an hourly position.

Wilkerson stated that an hourly position was discussed. County benefits are included in the hourly position. Wilkerson further stated that the people were not too happy with the previously proposed salaried position.

Gordon Wilkerson moved, seconded by Jim Harberd, to reach out to Bridget Felmley and offer her the job as the Planning and Zoning Director. Motion carried.

IN THE MATTER OF FLOOD PLAIN DEVELOPMENT PERMIT)

Calvin Hickey with Sunnyside Ditch Company, met with the Board. Hickey stated that he needed a signature on a Floodplain Development Permit. Hickey explained that he has received a permit from the Idaho Department of Water Resources, but a Floodplain Development Permit is also required to move forward to remove gravel and use the gravel to build up the existing levee.

Nate Marvin moved, seconded by Gordon Wilkerson, to approve Floodplain Development Application/Permit for Sunnyside Ditch Company. Motion carried.

Danny Roark addressed the Board. Roark stated he had spoken with Maurene O’Shea with FEMA. Roark presented the correct application that Hickey would need to submit. Roark stated letters of approval will need to be submitted from the Idaho Department of

Lands, Idaho Department of Water Resources, and the U.S. Corp of Engineers with the application before the FEMA project can be approved.

Marvin retracked the motion made earlier as additional information is required before approval.

IN THE MATTER OF PROSECUTING ATTORNEY)

True Pearce, Prosecuting Attorney, met with the Board.

Marvin stated that he had received correspondence regarding fences within Herd Districts.

Wilkerson stated that he thought the person was requesting that the county levy money to fix the fences within the herd district.

Pearce stated that he had not seen the letter and requested that Marvin forward the letter to him for review. Pearce questioned if the matter was even a county issue. Pearce stated that if this was not an issue the County is responsible for, the Board should not provide advice. Pearce further stated he certainly did not wish to provide advice if it was not part of the Boards specific rolls and responsibilities that are established in Statute.

Marvin stated that he would send Pearce the letter.

Nate Marvin moved, seconded by Gordon Wilkerson, to go into executive session at 11:55 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 12:58 p.m. “No final action or decisions were made during executive session We will now return to our regular agenda.”

IN THE MATTER OF PUBLIC HEARING)

Jim Harberd opened the Public Hearing at 1:05 p.m.

Brenda Lee, Deputy Clerk, called roll call: Nate Marvin, present; Jim Harberd, present; and Gordon Wilkerson, present.

Jim Harberd thanked everyone for coming to the hearing. Harberd stated that it had been brought to the Board’s attention that they had failed to fulfill requirements necessary for this meeting. The letters for notification to the neighbors or landowners within a 300 foot radius of the subject property were not mailed. A sign was not posted on the subject

property regarding the Public Hearing. Harberd stated this was an oversight or misstep on their part as far as County Commissioners. Harberd further stated that they have no Planning and Zoning that normally takes care of these matters. Harberd stated the hearing can be rescheduled. Harberd said arrangements have been made with the newspaper to publish the Notice. He told the applicant that he knew it was not the timing they wanted. The next Public Hearing could be set for the 27th of this month.

Ray Nevarez stated he would personally deliver the letters to all the neighbors within 300 feet of the subject property.

Harberd stated the letters need to be mailed out to the people. Harberd further stated the letters are supposed to be mailed this afternoon. Harberd apologized for the error.

Nevarez asked if there was any lenience. He stated that they wanted to introduce the Pumpkin Patch this year, before it snows. Would there be any leniency so they could move forward and at least have some kind of an introduction for an upcoming Pumpkin Patch?

Harberd stated he did not know that that would be a good idea without going through the whole process. Harberd further stated that he understood where Nevarez was coming from.

Marvin stated there are several things in there that require a Special Use and what you (Nevarez) proposed. If you have some things you are going to change, we can address it in the code and see if it still requires a Special Use. Marvin stated the Board would have to see a detailed list of what Nevarez is planning to do before the Board could make that determination.

Nevarez stated that he might as well just wait a couple more weeks and follow the procedure.

Marvin stated that they do apologize. “We’re going through, trying to get a new Planning and Zoning Administrator hired and we don’t deal with that. That’s not our regular job so, we missed that step.

Nevarez asked when the signs would be put up.

Harberd, “Hopefully today or tomorrow.” Harberd apologized for the inconvenience.

Wilkerson stated that Nevarez had already paid for the advertising. The Board missed a step. Wilkerson asked if the Board should take funds from the Commissioner Contingency Fund to pay for the advertising?

Marvin and Harberd agreed.

Wilkerson stated he would like Nevarez to know that “they tried every way around legally to make this thing go forward at this time. There just was not a comfortable way. We are subject to State Statutes that are set, and it just was not comfortable to have it. Apologize.”

Hearing closed at 1:15 p.m. The hearing will be rescheduled to October 27, 2025 at 1:00 p.m.

The Board discussed the agenda for October 14, 2025.

Nate Marvin inquired if the Board wanted to discuss the Planning and Zoning Commission membership. Marvin asked if they were “gonna go with five or nine or we gonna start accepting applications for P & Z membership. “What are we gonna do?”

Harberd stated applications have been accepted.

Wilkerson stated they will make their decision on the hearing process.

Marvin stated that he would “like to get clarification from our legal on, do we have to wait til April of 2026 to fill them positions? So, I would like to have that discussion maybe next week.”

Motion by Jim Harberd, seconded by Nate Marvin and unanimously carried to recess at 1:22 p.m. until October 14, 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.