November 23, 2020
The Board of County Commissioners of Washington County, Idaho, does hereby meet this 23rd day of November, 2020.
IN THE MATTER OF ROLL CALL)
Donna Atwood, Clerk, called roll call: Lisa Collini, present; Kirk Chandler, present; and
Nate Marvin, present. Also present by Zoom was Lyndon Haines.
Kirk Chandler opened the meeting and Lisa Collini 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. Sabrina Young, Washington County Treasurer, and Donna Atwood, Washington County Clerk, addressed the Board. Clerk Atwood informed the Board that after the levies were certified by the State Tax Commission, notification was received from the Idaho State Tax Commission that the personal property value on the L-2 Worksheet for the
Cambridge School District was incorrect. The underreported value caused the levy for
tort to be too high.
Treasurer Young explained the Cambridge School District is a joint District with Adams County. Young stated the total tax impact was $196.00 due to the Personal Property Value being stated incorrectly on the worksheet. Young informed the Board that seventeen tag areas within the School District had a parcel count of over 1,900, but many of those are tax exempt properties. Young stated she reviewed the parcels within the County that had a tax charge and found some tax charges did not change because the levy rate is small. On properties with a taxable value over $200,000.00, there was a slight change in the tax bill.
After consulting with the State Tax Commission, Adams County, the Cambridge School District, and with legal counsel, a decision was made that the correction was minimal.
The School District has agreed to reduce the levy amount for 2021 by $196.00.
Kirk Chandler moved, seconded by Lisa Collini to approve the Enrollment Agreement to NACO (National Association of Counties) Professional Development Academy for
Bonnie Brent. Motion carried.
Nate Marvin moved, seconded by Lisa Collini, to approve Retail Alcoholic Beverage License No. 3 for Bo’s Barn doing business at 1280 State Street, Weiser, Idaho. Motion carried.
Lisa Collini moved, seconded by Kirk Chandler, to approve a Certificate of Residency
for Elle Svedin. Motion carried.
Lisa Collini moved, seconded by Nate Marvin, to approve the nomination of Mike Bair to the GemPlan Board, Member-at-Large. Motion carried.
Kirk Chandler moved, seconded by Lisa Collini, to approve a demand warrant to be
issued to Treasure Valley Plumbing in the amount of $469.00. Motion carried.
Nate Marvin moved, seconded by Lisa Collini, to approve Retail Alcoholic Beverage
License No. 4 for Copper Lounge doing business at 45 East Idaho Street, Weiser, Idaho.
Motion carried.
Nate Marvin moved, seconded by Lisa Collini, to approve Retail Alcoholic Beverage
License No. 5 for Ridley’s Family Markets, Inc., doing business at 1401 East 6 th Street, Weiser, Idaho. Motion carried.
IN THE MATTER OF MINUTES)
The minutes of the Board not heretofore approved of November 9, 2020 were approved as amended.
IN THE MATTER OF CLAIMS)
The claims, audited by the Auditor, were presented and reviewed by the Board. All
credit card claims were reviewed.
The Auditor was authorized to issue warrants totaling $143,556.55 for general expenses by a motion of Kirk Chandler, seconded by Lisa Collini. Motion carried.
IN THE MATTER OF WEED AND RODENT CONTROL)
Bonnie Davis, Weed Superintendent, met with the Board. Davis reported the current rodent tail count is 944 tails with a budget balance of $29,820.00. Davis informed the Board that work by the seasonal employee will be completed this week.
Davis requested paying out comp-time since the neighborhood spray projects had been completed. The Board approved the request.
Davis stated she is working on completing grant paperwork. Davis reported the Weed
Board had completed the sifting process for 2021 projects. There was discussion
regarding holding the December Weed Board meeting.
IN THE MATTER OF PROPERTY SALE/TRANSFER)
The Board discussed the possible sale/transfer of property to the Weiser Memorial Hospital. Chandler stated it would probably be appropriate for the hospital to pay the assessed value of the property since the expense would be covered through the CARES Act funding and not taxpayer dollars.
Requesting a Title Search was discussed. Marvin stated he would contact David Belford with the hospital.
IN THE MATTER OF BID OPENING/REVIEW)
Dion Zimmerman with Design West met with the Board. Zimmerman presented three
Informal bids that have been submitted for the possible secure entrance to the Courthouse to the Board. Bids for an X-ray Inspection System Checkpoint, roller tables, metal detector, and infrared temperature scanner were submitted by Astrophysics, Inc. in the amount of $29,750.00, Yates Enterprises in the amount of $31,768.00 and Zopro, Inc. in the amount of $33,449.00. Zimmerman discussed each of the Informal Bids with the Board. Zimmerman also discussed applying for the CARES (Coronavirus Aid, Relief, and Economic Security Act) Act funding that may be available to help with the costs.
Zimmerman reviewed the site plan with the Board.
Nate Marvin moved, seconded by Lisa Collini, to accept the Informal Bid submitted by
Astrophysics, Inc., in the amount of $29,750.00 for equipment for the secure entrance to be submitted to the State Controller’s Office for possible reimbursement from the CARES Act funds available to Washington County. Motion carried.
Nate Marvin moved, seconded by Lisa Collini, to submit the A/E (Architect and
Engineering) fee in the amount of $47,250.00 to the State Controllers for possible
reimbursement from CARES (Coronavirus Aid, Relief, and Economic Security Act) Act
funds. Motion carried.
IN THE MATTER OF PROSECUTING ATTORNEY)
Delton Walker, Prosecuting Attorney, met with the Board. Walker discussed a request for an opinion from Commissioners Collini and Marvin on behalf of a County resident
regarding the proposed code changes relating to “original parcel splits”. Walker stated he has been instructed by the State Bar that he should have concurrence from two
Commissioners before he can give an official legal opinion.
Chandler stated the purpose of the hearing is to gather information and to come up with ideas and concerns. Chandler stated he would like that answered by comments at the hearing instead of by a legal opinion. Chandler stated as commissioners, they have the authority to change the code. Planning and Zoning is working on the proposed changes.
There have been concerns expressed that this is being rushed through and put in place without following the proper process. Chandler further stated that he has been working on this for over six years and the proposed changes close to two years with the Planning and Zoning Commission. Chandler stated they need to proceed by having the hearing and hopefully people will bring their ideas forward instead of criticism. Chandler stated his main concern is in the areas where the code is not clear, there is no definition.
Walker stated the question presented to him was on the proposed law which can be
changed during or after the hearing. Walker’s opinion was preliminary based on the
proposals and each section of the code interplays with other sections. One change could impact another area in the code.
Chandler stated he believed it would be more appropriate for Walker to provide an
opinion at the hearing.
Walker stated he has informed people he cannot provide an opinion to individuals.
Walker discussed being the attorney for the Planning and Zoning Commission. Walker
stated it was a workable situation when the County Commissioners and the Planning and Zoning Commission are “on the same page”. Walker stated that is not the case today. It is almost to the point that a separate attorney be considered for the Planning and Zoning Commission.
Collini stated she disagreed. Collini stated that the Commissioners have not received any input for Planning and Zoning Commission on the proposed code changes. They seem to want to debate the proposed changes. Collini stated she did not believe there were two opposing sides. Collini stated that the code changes ought to be clear, unambiguous and not subject to multiple interpretations. Collini stated that Walker’s email proves code changes are “practically unintelligible as they’re written.” Code should not require interpretation of legal counsel.
Bert Osborn, attorney previously, who was not the Washington County Prosecutor, had provided legal counsel to the Planning and Zoning Commission.
Chandler stated that State Code addresses how to organize a planning and zoning
committee. It states the Planning and Zoning is there to help the Commissioners with
what they are trying to do. There is nowhere in State Code where it states the Planning and Zoning is “there to rein in the Commissioners”. That is false. Planning and Zoning is to help the Commissioners with the things they are proposing. Planning and Zoning is not there to counter the Commissioners. They are to gather ideas, gather public input and present it to the Commissioners. Chandler stated he is looking for ideas to correct current code, not to be criticized.
Walker stated that in the past the Planning and Zoning Administrator has presented
proposed changes, this time the proposed changes have been submitted to Planning and Zoning by the Commissioners.
Marvin inquired if Collini wanted to release the opinion Walker submitted to the Board.
Collini stated she did not. Collini stated she did not believe the question was answered in the opinion Walker provided.
Chandler discussed the “original parcel” which was adopted in 1979.
Walker stated when a person applies for a building permit, research is conducted to see whether or not the property was an original parcel in 1979 and determine how many building permits have been used.
Collini proposed that Walker reply to the citizen, or that she would forward the answer to the person herself.
Walker stated he cannot answer the county citizen directly. Walker stated the question by the citizen is answered in the first paragraph to his response in his email.
Walker stated that in twelve years as the County Prosecutor, one lawsuit had been filed over a road issue where the County was sued. That portion of the code had been revised to be consistent within the County based on comments of the presiding judge.
IN THE MATTER OF AMBULANCE)
Kirk Chandler moved, seconded by Lisa Collini to recess as the Board of Washington
County Commissioners and convene as the Board of the Weiser Ambulance District.
Motion carried unanimous.
Debbie Warren, Deputy Clerk, called roll call: Lisa Collini, present; Kirk Chandler,
present; and Nate Marvin, present.
Corey Patocka with the Ambulance District met with the Board. Also present was
Ambulance District Administrative Advisor, Tim Atwood.
Atwood stated he and Patocka had discussed the cardiac monitor Cambridge Ambulance is considering to purchase. It is not compatible with the monitor used by the Weiser Ambulance District.
Patocka stated he has recommended the representative for Zoll contact Cambridge
Ambulance regarding the monitor. Patocka stated he would get the “right people” in
contact with one another. Patocka stated he would be willing to assist Cambridge
Ambulance in applying for grant funding. Patocka stated he would contact Cambridge
Ambulance District today.
Patocka informed the Board that the Ambulance District had twenty-one calls for service which included six transfers last week.
Patocka reported Medical Director, Dr. Donahue, came to Weiser and reviewed the
protocol for the rapid Coronavirus tests for first responders with the Ambulance District staff. Patocka stated First Responders in the County can contact the Ambulance District to schedule a rapid test.
Patocka informed the Board he had contacted Indianhead Electric regarding the
installation of the generator. Indianhead will need two days’ lead time for the installation and will work with Comfort Zone for the connection of the gas line.
Patocka stated that the certification with the State is complete.
Patocka stated due to COVID, the District will not have a Christmas party this year.
Patocka informed the Board that in previous years the District had spent $1,000.00 to
$1,500.00 for the Christmas party. Patocka inquired if the Board had suggestions for a gift to the staff members. Patocka reported there are twenty-eight employees on the roster, with twenty-five truly active. The Board approved the District a budget of
$1000.00 to spend for the Christmas gifts.
Order No. 21-004 for payroll expenses in the amount of $23,498.01 were presented to the Board for review.
Lisa Collini moved, seconded by Nate Marvin, to approve Order No. 21-04 for payroll
expenses in the amount of $23,498.01. Motion carried.
Clint Bates entered the meeting.
Kirk Chandler moved, seconded by Lisa Collini to go into executive session at 10:58 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, (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. Motion carried unanimous. Lisa Collini, Aye; Kirk Chandler, Aye; Nate Marvin, Aye.
Kirk Chandler stated they were out of executive session at 12:06 p.m.
Tamara Bates entered the meeting.
Kirk Chandler moved, seconded by Lisa Collini to offer the position of EMS Ambulance
Director to Clint Bates contingent on the background check. Motion carried unanimous.
Clint Bates requested to have until Friday, November 27, 2020 to give the Board an
answer regarding the EMS Ambulance District Director position. There was discussion of living requirements for the position.
Kirk Chandler left the meeting at 12:20 p.m.
Nate Marvin moved, seconded by Lisa Collini to go into executive session at 12:27 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, (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. Motion carried unanimous.
Nate Marvin stated that they were out of executive session at 12:34 p.m.
Nate Marvin moved, seconded by Lisa Collini to recess as the Board of the Weiser Ambulance District and reconvene as Board of Washington County Commissioners.
Motion carried unanimous.
Debbie Warren, Deputy Clerk, called roll call: Lisa Collini, present; Kirk Chandler,
absent; and Nate Marvin, present.
IN THE MATTER OF ROAD & BRIDGE/SOLID WASTE)
Jerod Odoms, Road and Bridge/Solid Waste Supervisor, met with the Board. Odoms
discussed a request from Kirk Chandler regarding a “No Trucks” and “Private Lane”
signage on Chandler Lane. Odoms stated Chandler Lane was one of the roads abandoned by the County last fall. Odoms stated that if the landowner agreed to purchase the signs, Road and Bridge would do the installation.
Odoms informed the Board that conduit is in place at the Road and Bridge and Weed
Departments for installation of the fiber cable.
Odoms reported he is working on a best practices policy for the department.
Odoms inquired if the Board would like to review the policy when the draft is ready.
Marvin inquired if an employee who is driving county equipment and involved in an accident, is it required for the employee to complete a drug test. Odoms stated under
Federal Guidelines followed by Road and Bridge and Solid Waste, a drug test would be
required for employees involved in an accident.
Odoms updated the Board on projects that Road and Bridge are currently working on.
Small repairs/maintenance are being completed on the Road and Bridge Building.
IN THE MATTER OF PLANNING AND ZONING)
Bonnie Brent, Planning and Zoning Administrator, met with the Board. Brent provided
the weekly Building Permit Report to the Board for review.
Brent discussed the information she received from Bonneville Power regarding rebates available for lighting for the Courthouse and Annex buildings. Brent stated she had requested a quote from Hata Electric during the budgeting process in order to plan for the expense in the 2021 budget.
Marvin inquired on the status of AFC Finishing. Brent reported AFC had picked up their permit for the pump house.
IN THE MATTER OF BOARD OF EQUALIZATION) – CANCELLED
IN THE MATTER OF BUREAU OF LAND MANAGEMENT UPDATE)
Kirk Chandler re-joined the meeting.
Brent Ralston and Tanya Thrift with the BLM (Bureau of Land Management) met with
the Board. Ralston presented an update on the Woodhead Fire to the Board. Ralston
stated that restoration and rehabilitation will begin with replanting brush and grass.
Grazing is currently closed and seeding will begin late fall and into the spring depending on when funding is received.
Ralston reported the Resource Management Plan has not been approved by the
Administrative Office at this time. Ralston stated there is not a projected date for
approval of the plan.
Ralston informed the Board that BLM had received an inquiry from Washington County Road and Bridge Department regarding replacement of a cattle guard on South Crane Road. Ralston informed the Board that BLM had purchased the cattle guard and that Road and Bridge would do the installation.
Ralston stated that BLM will gather horses in the 4 Mile Horse Herd. The herd size will
be reduced to approximately sixty head. Funding may be available to help in the next
year.
Marvin inquired if the cause of the Woodhead Fire had been determined. Ralston stated there is no official cause at this time. The Forest Service, BLM and Idaho Power have all taken part in the investigation.
Motion by Kirk Chandler, seconded by Lisa Collini and unanimously carried to recess at 2:41p.m. until December 7, 2020 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.
