Sentinel Media records · public agendas and minutes, text only, refreshed nightly from each body's own site · not a newspaper
agenda meeting date 2026-09-08 · fetched 2026-09-09 · 142059 characters · read by OCR, check numbers against the source · official file · plain text
BANNOCK COUNTY COMMISSIONERS’ –
BUSINESS MEETING
The Board of County Commissioners (BOCC) is comprised of the three elected County
Commissioners: Ernie Moser (District 1), Jeff Hough (District 2, Chair), and Ken Bullock (District
3). The BOCC generally meets twice weekly: Tuesdays & Thursdays at 9:00 a.m. Unless otherwise
noted, meetings are generally held in the Commissioner's Chambers at 624 E Center, Room 119,
Pocatello, Idaho. During these public meetings, the BOCC may approve contracts, expend funds,
hear testimony, make decisions on land use cases, and take care of other County matters.
Times are subject to change within 15 minutes of the stated time.
Tuesday, September 8, 2026
9:00 AM Business Meeting (action items)
Agenda:
•
Indigent Business may require an Executive Session pursuant to Idaho Code §74-
206(1)(d) to consider records exempt from public disclosure (action item)
•
Kevin Sonico, Idaho Transportation Department, requesting, on behalf of the Idaho State
Historical Society, to install a historical marker about Pocatello’s Triangle District as part
of Idaho’s historical Highway Marker Program near The Village Youth and Community
Center (requested 10 minutes) (action item)
•
Chad Brown, Franson Civil Engineers, providing an update pertaining to the Portneuf
Marsh Valley Watershed Plan EA and requesting a signature on the McCammon Ditch
Company’s Landowner Concurrence Form for an NRCS grant application (requested 10
minutes) (action item)
•
Tristan Bourquin, Planning and Development, On-the-Record Review of Planning and
Development Council’s decision to deny a variance request (requested 15 minutes)
(action item)
•
Dan Kendall, Facilities, requesting approval to have Booth Architecture begin designing
the new floor plan for the old YDC (requested 10 minutes) (action item)
•
Matthew K. Phillips, Human Resources/Risk Management, regarding a request for
signature on a Career Path Internship Agreement – Off-Site Work (requested 5 minutes)
(action item)
1
BOARD OF BANNOCK COUNTY COMMISSIONERS' - MEETING
SEPTEMBER 8, 2026
•
Kristi Klauser, Auditing, requesting (1) signature on the Tyler Asset Management Quote,
and (2) to open the FY26 budget for health insurance (requested 5 minutes) (action items)
RESOLUTIONS AND ORDINANCES (action items):
Resolution No. 2026-60 Approving August 2026 Salaries
Resolution No. 2026-61 Approving August 2026 Alcohol Licenses
Resolution No. 2026-62 Establishing Milage Allowance Rates and Jury and Witness Per Diem
Rates
LETTERS AND NOTICES (action items):
Public Hearing Notice – Reopen Budget for Unanticipated Revenue
SIGNATURE ONLY (action items):
Commissioners’ Proceedings – August 2026
•
Manual Checks
•
Alcohol Licenses and Catering Permits
•
Certificate of Residency Approval
•
Personnel Actions with potential Executive Session under Idaho Code §§74-206(1)(a),
(b)&(d) for personnel actions or personnel records exempt from disclosure with potential
action following adjournment of Executive Session
•
Mileage and Travel Approvals
•
Minutes: Approval of and signature on certification for meeting minutes for August 27,
September 1, and 3, 2026
Memo - Leave without pay
CONSENT AGENDA (action items):
2
BOARD OF BANNOCK COUNTY COMMISSIONERS' - MEETING
SEPTEMBER 8, 2026
11:00 AM Quarterly Jail Inspection per Idaho Code §20-622 (potential action items) NOTE: This meeting
will be held at 5800 S. 5th Ave., Pocatello, Idaho
BANNOCK County COMMISSIONERS
gb
Phone: (
BOARD OF BA ISSIONERS' - MEETING
Erniz Moser Jerr Houcu
Commissioner Commissions
Pocatello, [ID &ga0ot
- Ist District 2nd District
o ® Fax: (208
CONCERNS/ISSUES REQUEST FORM
Once you have filled out this form, you can email the completed form to
commission@bannockcounty.us; fax it to 208-236-7363; or send it by mail to: Bannock
County Commissioners, 624 E. Center St., Room 101, Pocatello, ID 83201. Please be sure to
include any supporting documents. If you have any questions, feel free to call 208-236-7210.
Name: Phone/Email:
Kevin Sonico kevin.sonico@itd.idaho.gov
Concern/issue/question: Circle one: Discussion/Direction/Action-Decision
The Idaho State Historical Society (ISHS) would like to install a new historical
marker about Pocatello’s Triangle District as part of Idaho’s Historical Highway
Marker (HHM) program. This new marker is part of a multi-year effort to refresh
and update the markers statewide.
Tha attarhad nhntn nravidac an avamnla HHI wshich tha naw Triannla Nietrict
Suggested solution? Please include the motion you would like the Board to make.
ITD and the ISHS request permission to place the new Pocatello Triangle District
Historical Marker at the requested location near the Village Youth and
Community Center, located along US-91/5th Ave in Pocatello.
Please include any supporting documents with your Concerns/Issues Request Form.
Commission Office Only:
Date: 8 LG Department:
SEPTEMBER 8, 2026
KEN BULLOCK
tr
Srd District
BOARD OF BANNOCK COUNTY COMMISSIONERS’ - MEETING SEPTEMBER 8, 2026
Confidentiality Disclaimer: if you are not the person to whom this message is addre ssed, be « aware that any
use, reproduction, or distribution of this message Is strictly prohibited. If you received message in error, please
contact the sender ari immediately delete this email and any attachments
From: Kevin Sonico <Kevin.Sonico@itd.idaho.gov>
Sent: Wednesday, September 2, 2026 9:53 AM
To: Kristi Davenport <dav@bannockcounty.gov>
Cc: Nikolaus Sterbentz <Nikolaus.Sterbentz@itd.idaho.gov>
Subject: RE: Triangle District Historical Marker
Hi Kristi,
| was wondering if this was placed on the Commissioner’s agenda, or if they requested additional
information?
Thank you,
Kevin Sonico, PE | Traffic Engineer
Idaho Transportation Department | District 5
Email: Kevin. Sonico@itd.idaho.gov | itd.idaho.gov
Enhancing quality of life through transportation
From: Kevin Sonico
Sent: Friday, August 28, 2026 11:44 AM
To: 'dav@bannockcounty.gov' <dav@bannockcounty.gov>
Subject: Triangle District Historical Marker
Hi Kristi,
Thank you for taking my phone call this morning. The Idaho State Historical Society (ISHS) would like to
install a new historical marker about Pocatello’s Triangle District as part of Idaho’s Historical Highway
Marker (HHM) program. This new marker is part of a multi-year effort to refresh and update the markers
statewide.
The attached photo provides an example HHM, which the new Triangle District marker will match in
style. My understanding is that placing the marker near The Village Youth and Community Center would
place the marker within the boundaries of the historical Triangle District as well as near one of the few
remaining Triangle District buildings. Our proposed location would be just beyond the Center’s parking
lot in a park strip behind the sidewalk, adjacent to US-91/I-15B within Bannock County right-of-way (|
believe | told you in the phone call that we would be placing it in State right-of-way, but | confirmed that it
would be within the County’s property).
At this time, the wording of the sign is not available because ISHS is waiting for the location to be
confirmed. Some of the text may depend on the sign’s location.
5 BOARD OF BANNOCK COUNTY COMMISSIONERS' - MEETING SEPTEMBER 8, 2026
Kristi Davenport
Gi
From: Kevin Sonico <Kevin.Sonico@itd.idaho.gov>
Sent; - Thursday, September 3, 2026 2:09 PM
To: Kristi Davenport
Cc: Nikolaus Sterbentz
Subject: RE: Triangle District Historical Marker
Hi Kristi,
| have one more exhibit to add. | received this from one of our staff who has done a lot of research on the
history of Idaho and the Pocatello area. The proposed sign location would be on the west corner of
Fremont and 5".
6 BOARD OF BANNOCK COUNTY COMMISSIONERS' - MEETING SEPTEMBER 8, 2026
HISTORIC TRIANGLE NEIGHBORHOOD
Wistarie Wamate Metunbcetm es aaa OO
prerey
HISTORIC TRIANGLE NEIGHBORHOOD
1959
—
Historic Whine Rel on net hed
‘Lb
8 BOARD OF BANN' SSIONERS' - MEETING SEPTEMBER 8, 2026
exesmm _ - oo —— ee
BaANNock County COMMISSIONERS Erni Moser Jerr HoucH — Ken BULLOCK
fiay Ke. Center, Pocatello, ID 8y20n Commissioner Commissioner Comn
Monier
Phone: (208) 236-7210 © Fax: ( Ist District 2ud District Srd District
= ny
CONCERNS/ISSUES REQUEST FORM
Once you have filled out this form, you can email the completed form to
commission@bannockcounty.us; fax it to 208-236-7363; or send it by mail to: Bannock
County Commissioners, 624 E. Center St., Room 101, Pocatello, ID 83201. Please be sure to
include any supporting documents. If you have any questions, feel free to call 208-236-7210.
Name: Phone/Email:
Chad Brown, Franson Civil Engineers Po
Concern/issue/question: Circle one: Discussion/Direction/Action-Decision
We want to update the county on the progress for the Portneuf Marsh Valley
Watershed Plan EA and present ideas of how the project could benefit the county
and understand the county's willingness to participate. We also seek a landowner
concurrent signature for an NRCS grant application we are doing for McCammon
Ditch Company.
Suggested solution? Please include the motion you would like the Board to make.
We are requesting one motion.
One to sign the McCammon Ditch Company's landowner concurrence form for an
NRCS grant application. This form shows that the landowner is willing to work
with the owner on the project. It is not legally binding.
No motion is necessary regarding the Watershed Plan EA.
Please include any supporting documents with your Concerns/Issues Request Form.
Commission Office Only:
Date: | id de Department:
9 BOARD OF BANNOCK COUNTY COMMISSIONERS' - MEETING SEPTEMBER 8, 2026
NRCS-CPA-1257
U.S. Department of Agriculture
June 2023
Natural Resources Conservation Service
Clear Form
Landowner Concurrence Form to Install Structural or Vegetative Activities
This form is used for the applicant to obtain written documentation of landowner concurrence for the purpose of installing structural or vegetative conservation
activities on land they lease. Structural and vegetative conservation activities are those activities with a lifespan greater than one year.
Applicant Name: viccammon Ditch Company Landowner Name: Bannock County Date Prepared: 8/30/2026
Application No. Farm Name (opt): Bannock County Parcel: RPR4225006600
Conservation Activity: Farm No. & Tract No. Field Nos.
1, Irrigation Pipeline (NRCS Practice Code: 430) Farm: NA Tract: NA Field: NA
2. structure for Water Control (NRCS Practice Code: 587) Farm: NA Tract: NA Field: NA
3. Pumping Plant (NRCS Practice Code: 533) Farm: NA Tract: NA Field: NA
Landowner Concurrence
. By signing this form, |, the landowner, hereby agree that the above-named applicant, if awarded a contract with the USDA Natural Resources Conservation Service (NRCS) has
permission to install and maintain conservation activities on the land identified. | understand that | am not a party to any contract between NRCS and the applicant to install or
maintain the above listed activities.
Landowner Signature: Print Name; Bannock County Date ‘Sept. 6, 2O2q
v
Non- Discrimination Statement
In accordance with Federal civil rights law and U.S. Department of Agriculture (USDA) civil rights regulations and policies, the USDA, its Agencies, offices, and employees, and
institutions participating in or administering USDA programs are prohibited from discriminating based on race, color, national origin, religion, sex, gender identity (including gender
expression), sexual orientation, disability, age, marital status, family/parental status, income derived from a public assistance program, political beliefs, or reprisal or retaliation for prior
civil rights activity, in any program or activity conducted or funded by USDA (not all bases apply to all programs). Remedies and complaint filing deadlines vary by program or incident.
Persons with disabilities who require alternative means of communication for program information (e.g., Braille, large print, audiotape, American Sign Language, etc.) should contact
the responsible Agency or USDA’s TARGET Center at (202) 720-2600 (voice and TTY) or contact USDA through the Federal Relay Service at (800) 877-8339. Additionally, program
information may be made available in languages other than English. To file a program discrimination complaint, complete the USDA Program Discrimination Complaint Form, AD-3027,
found online at How to File a Program Discrimination Complaint and at any USDA office or write a letter addressed to USDA and provide in the letter all of the information requested in
the form. To request a copy of the complaint form, call (866) 632-9992. Submit your completed form or letter to USDA by: (1) mail: U.S. Department of Agriculture, Office of the
Assistant Secretary for Civil Rights 1400 Independence Avenue, SW Washington, D.C. 20250-9410; (2) fax: (202) 690-7442; or (3) email: program.intake@usda.gov. USDA is an equal
opportunity provider, employer, and lender.
BOARD OF BANNOCK COUNTY COMMISSIONERS' - MEETING SEPTEMBER 8, 2026
al
Pee Highway30) a
iil
&
a
ii
=
—_ hw ereen 26" Pee McCammon Ditch Company
EQIP Project Landownership Map
Ben Rowe - 36" Pipe
1,000 Feet Current McCammon System
Ht ) — —_t—_ t—_+—_ + SH [J Land Parcels
11 BOARD OF BA SIONERS' - MEETING SEPTEMBER 8, 2026
BANNOCK County COMMISSIONERS
Gay F, Genter, Pocatello, ID 8y201
Ernie Moser Jere HoucH — Ken BuLiocKk
Commissions Coniston]! Commissioner
Ist Dustriet 2ud District 3rd District
Phone: (208) 246-7210 © Fax: (208) 252-7565
AGENDA REQUEST FORM
The Board of Bannock County Commissioners business meetings are generally held on
Tuesday at 9:00 AM in the Commissioners’ Chambers in the Bannock County Courthouse, 624
E. Center, Room 119 Pocatello, Idaho, or as noticed 48 hours prior to the meeting at
https://www.bannockcounty.gov/commissioners. Agenda times are subject to change within 15
minutes of scheduled time. Any person(s) needing special meeting accommodations should
contact the Commissioner ’s Office at 208-236-7210, five working days before the meeting.
E-mail this completed form and any supporting documents to agendarequest@bannockcounty.gov
Meeting Date Requested: 09/08/2026
Requestor Name: Tristan Bourquin Department: Planning and Developmen
Item to be considered/background:
Appeal of the Planning and Development Council's decision to deny a variance request.
Action Requested: Decision Amount of Time Requested: 15 Minutes
Financial Impact (Total Cost/Funding Source):
None
Does this item involve a contract, agreement, external funding application, or award
acceptance?
Has the item been submitted to/reviewed by Legal? Has the item been No]
. “ze INo |
Has the item been reviewed by Risk Management? reviewed by Auditing?
Are all supporting documents included?
List of additional attendees: Hal Jensen, Annie Hughes
Please include any supporting documents with your Agenda Session Request Form.
Commissioner Office Only:
Date: alg Ee Time:
BOARD OF BANNOCK COUNTY COMMISSIONERS' - MEETING SEPTEMBER 8, 2026
AGENDA ITEM NO. 9
Variance — Right-of-Way Access Easement
Alan & Susan Peck
Bannock County Planning & Development Council
July 15, 2026
Page 190 of 210
BOARD OF BANNOCK COUNTY COMMISSIONERS' - MEETING SEPTEMBER 8, 2026
PLANNING AND DEVELOPMENT SERVICES
5500 S 5' Ave | Pocatello, Idaho 83204 | 208.236.7230 | www.bannockcounty.gov
VARIANCE PERMIT
PUBLIC HEARING: JULY 15, 2026
STAFF REPORT
FILE #: VAR-26-6
LOCATION: RPRRCV1000901 and is currently unaddressed
APPLICANT/OWNER:
Alan & Susan Peck
9504 N. Nottingham Lane
Pocatello, ID 83202
REQUEST & BACKGROUND: Alan and Susan Peck request a variance to allow the required
right-of-way access easement to be established through Lot 9 rather than Lot 8 and a variance
from the subdivision open space requirement. The affected property is labeled as parcel
RPRRCV1000901 and is currently unaddressed.
RECOMMENDATION: Bannock County Planning and Development recommends the following:
e Denial
SITE CHARACTERISTICS AND ZONING:
ZONING: Residential Suburban
PROPERTY SIZE: ~ 18.86 acres
VIEWS: Property is visible from N. Nottingham Lane
EXISTING STRUCTURES: Residential Accessory Structure
AREA OF CITY IMPACT: None
SURROUNDING LAND USES AND ZONING
NORTH: Residential and bare ground; Residential Suburban and BLM
EAST: Residential and bare ground; Residential Suburban
SOUTH: Residential; Residential Suburban
WEST: Bare ground; Residential Suburban
APPLICABLE LAWS AND PLANS:
1. Idaho Code §67-6516, Variance — Definition — Application — Notice — Hearing
2. Bannock County Comprehensive Plan, 2025-27
3. Bannock County Zoning Ordinance, 1998-1, specifically:
a. §330 RESIDENTIAL SUBURBAN DISTRICT
STAFF REPORT
VARIANCE - PECK
Page 1 of 6
Bannock County Planning & Development Council
July 15, 2026
Page 191 of 210
BOARD OF BANNOCK COUNTY COMMISSIONERS' - MEETING SEPTEMBER 8, 2026
b. §337 BUILDING BULK AND PLACEMENT STANDARDS
c. §540 VARIANCES
STANDARDS FOR GRANTING A VARIANCE (ZONING ORDINANCE 540.4)
The Planning and Development Council may grant a variance if it makes affirmative findings on
each of the following standards:
A. The applicant has shown that there is no reasonable alternative.
Staff Findings of Fact
The applicant states that no reasonable alternative exists to provide legal access without
the requested variance. According to the applicant, locating the access easement
through Lot 8 is impractical because the existing topography contains steep slopes that
cannot be developed to meet Bannock County road grade requirements without
extensive grading and significant expense. The applicant asserts that Lot 9 provides the
only practical location for the access easement, offering a direct alignment that can be
constructed in compliance with County standards while minimizing impacts to
surrounding properties.
Staff finds that the applicant has not demonstrated that there is no reasonable
alternative. The approved subdivision plat and associated Record of Survey establish
access to the subject property through Lots 8 and 9 via Nottingham Lane. The
existence of an approved access route demonstrates that reasonable access already
exists. The applicant's request is based upon a preference to relocate the access to
avoid traveling past an adjacent residence rather than the absence of legal or physical
access. Additionally, any modification to the approved subdivision layout or access
configuration must occur through the applicable plat amendment or replat process. A
variance is not the appropriate mechanism to alter subdivision design standards or
dedicated open space restrictions.
B. The variance is not in conflict with the public interest.
Staff Findings of Fact
The applicant states that the requested variance is not in conflict with the public interest
because the proposed access easement and roadway would be located entirely on
private property and would serve only the affected private landowners. According to the
applicant, the easement does not alter public roads, public utilities, or public access
rights, nor does it create additional demands on public infrastructure. The applicant
further states that routing the private access easement through Lot 9 rather than Lot 8
will not adversely affect neighboring properties or the surrounding community, and the
STAFF REPORT
VARIANCE - PECK
Page 2 of 6
Bannock County Planning & Development Council
July 15, 2026
Page 192 of 210
BOARD OF BANNOCK COUNTY COMMISSIONERS' - MEETING SEPTEMBER 8, 2026
variance is limited in scope to the private access arrangement between the involved
property owners.
Staff finds that granting the requested variance would conflict with the public interest
by allowing development inconsistent with the approved subdivision plat and the
requirements of ordinance. Lot 9 was platted as required subdivision open space. Open
space lots are intended to remain free from development except as specifically
authorized by the ordinances. Authorizing a new private access easement for
residential driveway purposes through an open space lot would undermine the purpose
of the subdivision's open space requirement and establish a precedent for using
variances to circumvent substantive subdivision regulations. Furthermore, the
ordinance defines a variance as relief from dimensional requirements affecting the size,
shape, or placement of structures and lots. The requested relief seeks to modify
subdivision design requirements rather than dimensional standards and therefore
exceeds the scope of a variance.
The variance will not adversely affect adjacent property.
Staff Findings of Fact —
The applicant states that the requested variance will not adversely affect adjacent
properties. The proposed access easement will be located on undeveloped land that
contains no existing structures or improvements. Construction of the private access road
will provide access to the four proposed lots without interfering with neighboring
properties or existing land uses. According to the applicant, the variance will not
negatively affect adjacent property owners' use and enjoyment of their properties, nor is
it expected to adversely impact surrounding property values.
Staff finds that the applicant has not demonstrated that the proposed variance would
avoid adverse impacts to adjacent property. Relocating the access easement through
Lot 9 would introduce residential driveway traffic across a platted open space lot that
was not intended for that purpose. The existing subdivision design and the Record of
Survey contemplated access through Lots 8 and 9 as approved during the subdivision
process. Altering that approved configuration to accommodate a private driveway
through protected open space may affect the character and intended function of the
subdivision and could impact neighboring property owners who relied upon the
approved plat.
STAFF REPORT
VARIANCE - PECK
Page 3 of 6
Bannock County Planning & Development Council
July 15, 2026
Page 193 of 210
BOARD OF BANNOCK COUNTY COMMISSIONERS' - MEETING SEPTEMBER 8, 2026
If the variance is not granted, the applicant will suffer undue hardship caused by the
physical characteristics of the site.
Staff Findings of Fact
The applicant states that denial of the requested variance would result in undue hardship
due to the physical characteristics of the site. According to the applicant, the steep
topography of Lot 8 makes it impractical to construct an access road that complies with
Bannock County road grade requirements without extensive grading and significant
expense. The applicant asserts that these conditions are the result of the site's natural
terrain and are not self-created. Without the requested variance, the applicant states
there would be no practical, code-compliant means of providing legal access to the
subject property.
Staff finds that the applicant has not demonstrated an undue hardship resulting from
the physical characteristics of the property. The hardship identified is not created by
the land's topography, shape, size, or other physical characteristics but rather by the
property owners’ inability to obtain permission to utilize the preferred access route
through Lot 8. The approved subdivision documents already establish legal access to
the property through Nottingham Lane consistent with the approved plat. The
applicant's desire to relocate the access to avoid passing an adjacent residence
constitutes a personal preference and private property dispute rather than an
unnecessary hardship created by the physical characteristics of the site. Such
circumstances do not satisfy the standard for granting a variance.
AGENCY COMMENTS:
1. None at time of report
PUBLIC COMMENTS:
2. None at time of report
REPORT BY:
Annie Hughes Williams, Zoning Planner
annieh@bannockcounty.gov
208-236-7230
REPORTED DATE: July 8, 2026
* Staff comments in this report are based solely
upon evidence available at the time of the report.
Additional information may be brought to light
at or before the hearing.
STAFF REPORT
VARIANCE - PECK
Page 4 of 6
Bannock County Planning & Development Council
July 15, 2026
Page 194 of 210
BOARD OF BANNOCK COUNTY COMMISSIONERS' - MEETING
EXHIBITS:
PWR
Application and Site Plan
Applicable Laws (on file with Staff)
Evidence of Notices (on file with Staff)
Agency/Public Comments (if any)
REFERENCE MAPS
SITE MAP
SEPTEMBER 8, 2026
Bannock County Planning & Development Council
July 15, 2026
Page 195 of 210
STAFF REPORT
VARIANCE - PECK
Page 5 of 6
18
BOARD OF BANNOCK COUNTY COMMISSIONERS' - MEETING
CONTOUR MAP
Bannock County Planning & Development Council
July 15, 2026
Page 196 of 210
SEPTEMBER 8, 2026
STAFF REPORT
VARIANCE - PECK
Page 6 of 6
19
BOARD OF BANNOCK COUNTY COMMISSIONERS' - MEETING
EXHIBIT 1
Application & Site Plan
Bannock County Planning & Development Council
July 15, 2026
Page 197 of 210
SEPTEMBER 8, 2026
20 BOARD OF BANNOCK COUNTY COMMISSIONERS' - MEETING SEPTEMBER 8, 2026
Variance Application Applicant Primary Location
fi, Alan & Susan Peck 0 NO STREET
VAR-26-6 00000
Submitted On: May 29, 2026
Parcel & Variance Information
Parcel Number My property is zoned:
RPRRCV1000901 Residential Suburban
What variance are you requesting? Please select all that apply: ear yard setbacks
Side yard setbacks Riparian area setbacks
Right-of-way setbacks Lot size
Other
true
Please describe your variance request in detail:
Variance Request — Right-of-Way Access & Open Space Compliance
The applicant respectfully requests a variance to allow the required right-of-way access easement to be established
through Lot 9 rather than Lot 8 as currently required.
The current subdivision collectively satisfies the applicable open space requirement. The combined open space across the
seven (7) lots, at approximately 34 acre per lot, together with Lot 9, provides sufficient acreage to meet or exceed the
minimum open space threshold established under the Bannock County Zoning Ordinance. Granting this variance does not
reduce the subdivision’s open space compliance,
However, routing the required access easement through Lot 8 would impose undue hardship on both the current property
owner of Lot 8 and the owner of the properties requiring the easement for access. The physical and financial burden of
constructing a road through Lot 8 is disproportionate given that Lot 9 presents a substantially more practical, cost-
effective, and less intrusive alignment for the right-of-way, Requiring access through Lot 8 would unnecessarily encumber
that lot and result in significant cost and disruption that is not warranted when a clearly superior alternative exists.
Routing the easement through Lot 9 achieves the same access objective while preserving both landowners’ interests,
maintaining open space compliance subdivision-wide, and imposing the least possible burden on all parties, The variance
requested is the minimum necessary to achieve lawful, practical access to the subject property.
Bannock County Planning & Development Council
duly 15, 2026
Page 198 of 210
21 BOARD OF BANNOCK COUNTY COMMISSIONERS' - MEETING SEPTEMBER 8, 2026
Application for Variance
Narrative addressing how your application meets criterion 1: The applicant has shown there is no reasonable alternative.
The applicant has demonstrated that no reasonable alternative exists to achieve lawful access to the subject property without the
requested variance. Lot 8 presents significant physical and financial obstacles that render it an impractical access point, including
excessive slope that fails to meet Bannock County road grade ordinance requirements. Lot 9 provides a direct, cost-effective, and
minimally intrusive alignment that accomplishes the same purpose while conforming to applicable road standards. No other
configuration has been identified that would provide adequate access while avoiding undue hardship to the affected property
owners. The routing through Lot 9 is therefore the only feasible alternative available
Narrative addressing how your application meets criterion 2: The variance is not in conflict with the public interest.
The proposed variance does not adversely affect the public interest. The land encompassed by the requested easement and
proposed road is entirely private property with no existing or anticipated public use, access, or benefit associated with either Lot 8
or Lot 9. The variance affects only the two private landowners involved and has no bearing on public roads, public utilities, or public
access rights. The surrounding community and general public are neither burdened nor impacted by the routing of this private
access easement through Lot 9.
Narrative addressing how your application meets criterion 3: The variance will not adversely affect adjacent property.
The proposed variance will not adversely affect adjacent properties. The area encompassed by the requested easement and
proposed access road currently consists of undeveloped land with no existing improvements. Construction of a private access road
serving the four lots will have no material impact on surrounding properties, as the land is presently vacant and unimproved. No
neighboring structures, uses, or property values are diminished by the requested variance.
Narrative addressing how your application meets criterion 4: If the variance is not granted, the applicant will suffer undue hardship
caused by the physical characteristics of the site.
if the variance is not granted, the applicant will suffer undue hardship caused by the physical characteristics of the site. The
excessive slope of Lot 8 renders it physically unsuitable for road construction under Bannock County road grade ordinance
requirements, leaving the applicant with no code-compliant means of access to the subject property. This hardship is not self-
imposed but rather arises directly from the natural topography of the land. Without the variance, the applicant is effectively denied
reasonable and lawful access to the property through no fault of their own.
Certification
Electronic Signature [Typed name of applicant] l agree that my electronic signature above is equivalent to a
Susan Peck handwritten signature and is binding for all purposes related to
this transaction
true
Date
05/29/2026
Bannock County Planning & Development Council
July 15, 2026
Page 199 of 210
22
BOARD OF BANNOCK COUNTY COMMISSIONERS' - MEETING
Bannock County Planning & Development Council
July 15, 2026
Page 200 of 210
SEPTEMBER 8, 2026
23
BOARD OF BANNOCK COUNTY COMMISSIONERS' - MEETING
EXHIBIT 2
Castle View Estates Division Plat
Bannock County Planning & Development Council
July 15, 2026
Page 201 of 210
SEPTEMBER 8, 2026
2:\0658 - Castle View Estates\dwo\PLAT-072606.dwg 7/27/2006 65150 AM MST
dy,
CETAIL “A”
24 BOARD OF BANNOCK COUNTY COMMISSIONERS'
CASTLE VIEW ESTATES
DIVISION NO. 1
A PART’ OF THE SOUTHWEST QUARTER OF
SECTION 16, TOWNSHIP 6 SOUTH, RANGE 35 EAST, 8M,
BANNOCK COUNTY, IDAHO
SW CORNER FOUND
B.LM. B.C.M, DATED
1961 CP&F
$29024236
SW CORNER FOUND
BANNOCK CQ. 6’ WALKING
B.c.M. oateD 1927 UNPLATTED souestrun BASIS OF BEARING — RECORD OF SURVEY INSTRUMENT NUMBER 20020104 UNPLATTED
N ora" 07" W 2648.47" (2648.60")
LOT 9
OPEN SPACE
19.07 acres
00°02’10" W
(N 00°01'28" £)
LOT 10 (R
0.168 2)
DEED LINE
Yeon nn en emer eenen
CENTER OF SECTION 16
CALCULATED FROM FOUND
MONUMENTS PER R.O.S.
20020104
SURVEYOR’S CERTIFICA TE
é Glen Whitson, a registered professional survey
thet the survay of this subdivision, designated as
S 1/4 CORNER FOUND
BANNOCK CO. &.C.M.
in tha Qwaer’s Dedication.
Bary te
Barry Glen Whitson, PLS.
Ute: O7L 23/06
NOTES:
geer .
1~7, BLOCK 1 HAVE A 187,75’ REAR YARD SETBACK FOR JHE OWNERS 3/4 ACRES -
a Lors
b- as PER Lor OPEN SPACE TO BE OWNED AND MAINTAINED BY INDIVIDUAL LOT 01
2. LOTS 10-11, BLOCK t AND LOT 3, BLOCK 2 ARE NON-BUILDABLE Lots AND ARE FOR THE
PURPOSE OF SLOPE AND UTILITY EASEMENTS wae an
3. THE CASTLE VIEW ESTATES HOMEOWNERS/LANDOWNERS ARE RESPONSIBLE FOR MAINTENANCE
OF THE STORM WATER RUNOFF AND EROSION CONTROL SYSTEM INCLUDING THE STORM WATER
DETENTION BASINS LOCATED ON LOT 1, LOTS 3&4, AND LOTS 5&6, SEE CASTLE VIEW ESTATES
CONBITIONS AND RESTRICTIVE COVENANTS, BANNOCK COUNTY Will HOT MANTAIN DRAINAGE
STRUCTURES LOCATED OUTSIDE OF THE PLATTED ROAD RIGHT—OF— GRAPHIC SCALE
4. NO LANDOWNER/HOMEOWNER SHALL PLACE ANY STRUCTURES, LANDSCAPING OR OTHER ‘0
MATERIALS WITHIN THE PLATTED ROAD RIGHT=OF=WAYS OR PERFORM ANY SITE GRADING WHICH
EFFECT ROADWAY DRAINAGE WITHOUT PRIOR WRITTEN PERMISSION OF BANNOCK COUNTY.
5. LOT 9 BLOCK 1 IS RESERVED AS OPEN SPACE TO SE PRIVATELY OWNED AND MAINTAINED,
THE USE AND DEVELOPMENT OF SAID LOT iS RESTRICTED PER THE REQUIREMENTS OF THE
BANNOCK COUNTY SUBDIVISION ORDINANCE.
NOT TO SCALE
{ DN FEET )
= 200
Bannock County Planaing & Dd pent coun
wy 15, 2028
- MEETING
in the State of idaho do
ISTLE VEW ESTATES OFASION NO, 1
was made oy me or under my direction, and that said subdivision is truly ond comectly
staked os provided by law and in accordance with the eccampanying plat ae described
SEPTEMBER 8, 2026
BOUNDARY DESCRIPTION
toe” $W1/4 of Section 16 Township 6 South. Range 35 Eost. 8.M. Bannock County.
jah.
Commencing at the SW camer of said sectlon and running thence N 00°04'07" W
2648.47 feet along the section lina ta the 1/4 comer of said section 16; thence
N 89°56'02" E 666.34 feet; thence § 00°02'15" W 1276.8 fast; thence S 89°57'S0” E
58.17 feet; thence S O'02"10" W 181.33 feet; thence N 89°527"50" W 28.17 feat; thence
S 00°02'10" W 858.16 feet; thence S 89°57'50" E 626.39 feet: thence S O0°07’02" W
63,84 feet to a point of non=tangent curve on the northerly right of woy of Pocatello
Craak Rd; thence along said curva to tho left 409.03 feet Curve Bata Radius= 869.70
feet Delta= 26°58'50" chord beara S 48°58'02" W 405.27 feet to tha south line of sald
goctlons thence along sold south line N 894814" W 1006.26 fest to the point of
ginning.
Parcal Contains 44.83 Acres
NW CORNER FOUND
BLM. 8.C.M. DATED
1961 CPR
UNE TABLE
BEARING
en
| 2 | 26.17*_|_N a¢57'so* w_|
191,33" |
[us 56.17" s SrSTSO"E
= assets
Lé 82,972 NOT 19°
a7 a ee
[te sese [rover 107
yuo | 2h as | ON 8 rss e
ie ee
Li2 0
~——- 7
DETAIL “SB”
NOT SCALE
LEGEND
wea Section contro! comers
t = <et 9/830" iron rad with
Aluminumn—cop marked PLS. 10786
Set 1/224" iron rod with
plastiomcop marked PLS. 10786
Found 1/2°x24" iron red with
plosticmcop markad PLS. 977
Utility easements ara 15°
wide untass shown otherwise.
N_o¢'9407" W
| N agss'ss” €
[tes | sagige ovoz 0" 6
| t29 | 3.93" | s 20°37'08" E_ |
L130 | 43.94" [Ss se'ss’s3" w_|
Paint of Beginning
{S Oa0'00" W) Aecord Bearing ond Distances
ROS instrument No. 20020104
{R) Rastrictsd Lot (See Note $2)
* Storm Pond Easement (See Nota #3)
CURVE TABLE
[| Curve [Radius | Delta | nee eee Chord Distonce
[969.707 | ee
[sags | n zesoew | oar
7 orzo" 17"
"16" W
ee ee
[Se ee
[oJ 20.60" | 78°10's2"__ | z. +e _
cortify | | sao" f tssus'aa | 182.70" see | sae
STAT a2" 22.63"
ea a
ae TS
soos torn [ er] s erosas Ww 14.68
[gig —[asoo[ sesvae" j_tatog |S aeiwae ¢ } __ie a _
| ei | sooo | yoga _[anag 05
[_¢32 J" 199.00" oe 29 61'05' 36
C13 S 6226'44"
es er N 76°08'5)
ee eT erent Sacer wt tes
| avasse” [| 7isg TON 7osrse" woof eae
SHEET 1 OF 2
HARPER-LEAVITT ENGINEERING, INC.
PROFESSIONAL ENGINEERS AND LAND SURVEYORS
985 1. CAPITAL AVE, P.O, BOX SQ691, IQAHO FALLS, IDAHO 85405 (208) $24-0212
Z\0658 - Castle View Estates\dwg\PLAT-072606.dug 7/27/7006 651-50 AM MST
25
BOARD OF BANNOCK COUNTY COMMISSIONERS' - MEETING
HOMEOWNERS COVENANTS AND CONDITIONS CASTLE VIEW ESTA TES
The Oactaration of Covenants, Conditions ond Restrictions for
CASTLE VIEW ESTATES, DIVISION NO. 1, are, re: IHF in the records
of Bannock County as instrument (QOELETE and are hereby
made a part of this Flat.
COUNTY SURVEYOR’S APPROVAL
4, Tim Shurtliff, the Surveyor for Gonnock County, hereby certity
that i hove checked the Plat and computations as shown hereon
ond have determined that the requirements of idaho Code
§0-1305 have in met, ond i (freee same for filing.
- mine - t
Professional Lond Surveyor ie
tdeho License No.— LS—977
RECORDER’S CERTIFICATE
4 hereby certify that the foregoing plat of the CASTLE VIEW ESTATES, Derg NO. ff,
8. pfeil
was filed in the office of the recorder of Bannack Counfy, {daho on th
‘ ond recorded as instrument Ne.
Date Hatch
County Racorder
HEALTH DEPARTMENT CERTIFICATE
Sonitary restrictions as required by idafto Code, Title 50, Chapter 13 ore
in force. No owner shall construct any building, dwelling or shelter which
necessitates the supplying of woter or sewage facilities for persons using
such premises untit sanitary restriction requirements are satisfied.
Sanitary restrictions will be lifted on a fot by lot basis, with no let having
more thon one dwelling.
Lots shall not be reduced in size without prior approval of the Health
Department.
No additional domestic water supplias shalt ba instatled beyond the water
system approved in the sanitary restriction refease.
Each Lot shall be served by individual wells ond septic systems.
environmental Heath Spacialist
DIVISION NO. i
A PART OF THE SOUTHWEST QUARTER OF
SECTION 16, TOWNSHIP 6 SOUTH, RANGE 35 EAST, &.M.,
BANNOCK COUNTY, IDAHO
SURVEYOR’S CERTIFICATE
4 Borry Glen Whitson, a registered profassional surseyor in the Stote of idaho do hereby certify
that survay af this subdivision, designated as CASTLE WEW ESTATES DIVISION NO. f
was made dy me or under direction, and that said subdivision is truly and correctly
stoked os provided by faw ond in accordance with the accompanying plat as described
in the Owner's Dedicotion.
Qate: 07, fz Sloe
Bary Glen Whitson, P.LS.
COUNTY TREASURER’S CERTIFICATE
4, the vadarsigned County Treasurer in and for the County of Bannack,
State of idaho, par tha raquirements of Idaho Code §0-1308, do
hereby certify thet all county property texes due for the property
included in this subdivision, both delinquent and current have been
paid in full,
Oete: Y 3 Y k Me C
COUNTY APPROVAL
This plot was duly accepted and approved by the Board of County
Commissioners of k Gounty, tdoho, by resolution adopted this
Was day oF “Fai ee 2001.
Guthrie
airman County Conmmisgioners
fyfee Lick
ts We Hatci
County Clerk
IRRIGATION CERTIFICATE
Water Rights and Assessment obligations are net appurtenant to the
fends included within this plat, lots within this subdivision will not
recieve water rights,
Bannock County Planning & Development Council
July 15, 2026
SEPTEMBER 8, 2026
OWNER’S DEDICATION
KNOW ALL MEN &Y THESE PRESENTS, that we the undersigned owners of the fond
described in the boundary description hove caused the same ta be subdivided into blocks,
fots, and streeis which piat shall hereafter be known os the CASTLE WEW ESTATES,
DIVISION NO. 1, Bannock County, idaho.
BE IT FURTHER KNOWN, thet we do hereby warrant and save the county of bonnock
fermiess from any existing easements or encumbrances. it is the intention of we the
awners to include aif of the lend described in the boundary description in this plat. The
focation and dimensions of the blocks, Jots, and streets ere to be os shown on the
ascompanying map of the property. The donation of the streets is hereby dedicated to the
public. Tha easements shown ore noi dedicated to the public but the right to use said
eosements is hereby perpetually reserved for public utilities, roadway slopes, drainage ,
snow removol, or for any other use designated on the plat, and no structures other than
those for such utility purposes are to be erected within the tines of said sasements. Tha
individual lots described in thie plot will not be served by ony water system common to
one (1) or more fots, but will be served by individual wells, In witness whereof we owners
do hereunto set our hands.
; _ r
it WANESS WHEREOF, we have hereunto set eur signature me OS day of. uh A 4 200
= vee on
Susen Peck
ACKNOWLEDGMENT
a ae chatlis
Se aa Sida ser 27 Le sates ml aba elaine
evidence to be the persons whose names ore subscrited to the within
instrument, oad acknowledged that they executed the some.
i Ay
ty Common Bpine F-14-Ol0
ACKNOWLEDGMENT
State of fehot ke at
ack: 7 p
on the . in the yeer 2002, before mo! hs o
G. Paton and Kellia 4. Paton, proved ta me on the bosiz of
fact be tha parsons whose nomes ara subscribed to the withia
instrument, ond acknawladged thot thay executed some,
7,
Notety Public
> : iy Commission Expires 2-1V OO
SHEET 2 OF 2
HARPER-LEAVITT ENGINEERING, INC.
PROFESSIONAL ENGINEERS AND LAND SURVEYORS
98S H. CAPITAL AVE, P.O. BOX 50691, 10AHO FALLS, IDAHO 83405 (208) 524-0212
26 BOARD OF BANNOCK COUNTY COMMISSIONERS' - MEETING SEPTEMBER 8, 2026
PLANNING AND DEVELOPMENT SERVICES
PUBLIC HEARING SIGN-UP SHEET
If you plan to testify, or submit written comments, you must fill out this form.
Agenda Item & Applicant: AGENDA tTem HG. Alan + Susan feck
Full Address In Favor / Neutral / Against
Do You Wish To
Testify?
a ? In Favor / Neutral Against Cc Yes —> No
a a a, Set los fi, d ine pee pjuabs) Bow é
oe
a
os In Favor / Neutral / Against ay
rn
a =
In Favor / Neutral / Against
27 BOARD OF BANNOCK COUNTY COMMISSIONERS' - MEETING SEPTEMBER 8, 2026
Instrument H 22605607
Bannock County agugorhelio. te Idah ho
Recorded fer: we NOK COUNTY Os OAING Be S EvELOPMENT
Jason G. Dixon $0.08
Deputy: alaayit
BANNOCK COUNTY PLANNING & DEVELOPMENT COUNCIL
FINDINGS AND ORDER
VARIANCE PERMIT- ALAN & SUSAN PECK
PUBLIC HEARING: JULY 15, 2026
FILE #: VAR-26-6
LOCATION: RPRRCV1000901 and is currently unaddressed
APPLICANT/OWNER:
Alan & Susan Peck
9504.N, Nottingham Lane
Pocatello, ID 83204
REQUEST & BACKGROUND: Alan and Susan Peck request a variance to allow the required right-of-way
access easement to be established through Lot 9 rather than Lot 8 and a variance from the subdivision apen
space requirement. The affected property is labeled as parcel RPRRCV1000901 and is currently unaddressed.
FINDINGS:
JUSTIFICATION FOR THE DECISION/CRITERIA, STANDARDS AND FACTS RELIED UPON
SITE CHARACTERISTICS AND ZONING:
ZONING: Residential Suburban
PROPERTY SIZE: ~ 18.86 acres
VIEWS: Property is visible from N. Nottingham Lane
EXISTING STRUCTURES: Residential Accessory Structure
AREA OF CITY IMPACT: None
NOTICE AND TESTIMONY REQUIREMENTS:
Notice of the public hearing was completed according to statutory requirements. Public comment was taken
according to statutory requirements.
BANNOCK COUNTY PLANNING & DEVELOPMENT COUNCIL
FINDINGS AND ORDER; PERMIT VAR-26-6
Page 1
28 BOARD OF BANNOCK COUNTY COMMISSIONERS' - MEETING SEPTEMBER 8, 2026
REQUIRED FINDINGS FOR VARIANCE PERMIT, §540
4. The applicant has shown there is a reasonable alternative.
This is based on: Any modification to the approved subdivision layout or access configuration must occur
through the applicable plat amendment or replat process. A variance is not the appropriate mechanism to
alter subdivision design standards or dedicated open space restrictions.
2. The variance is in conflict with the public interest.
This is based on: An approval would be in conflict with the approved plat and the council's scope,
Authorizing a new private access easement for residential driveway purposes through an open space lot
would undermine the purpose of the subdivision's open space requirement and establish a precedent for -
using variances to circumvent substantive subdivision regulations.
3. The variance will adversely affect adjacent property.
This is based on: Altering that approved configuration to accommodate a private driveway through
protected open space may affect the character and intended function of the subdivision and could impact
neighboring property owners who relied upon the approved plat.
4. If the variance is not granted, the applicant will suffer undue hardship caused by the physical
characteristics of the site.
This is based on: The applicant's desire to relocate the access to avoid passing an adjacent residence
constitutes a personal preference and private property dispute rather than an unnecessary hardship
created by the physical characteristics of the site. Such circumstances do not satisfy the standard for
granting a variance.
Conditions: None
BANNOCK COUNTY PLANNING & DEVELOPMENT COUNCIL
FINDINGS AND ORDER: PERMIT VAR-26-6
Page 2
29 BOARD OF BANNOCK COUNTY COMMISSIONERS' - MEETING SEPTEMBER 8, 2026
ORDER: CONCLUSION AND DECISION
The Planning and Development Council, pursuant to the aforementioned, finds that the request by Alan and
Susan Peck for a variance to allow the required right-of-way access easement to be established through Lot 9
rather than Lot 8 and a variance from the subdivision open space requirement, as described in the application,
shall be denied,
Motion by __ Edward Ulrich __, seconded by __ Chad Selleneit to adopt the foregoing Findings and
Order.
ROLL CALL:
Councilperson Dimick Voted Yes
Councilperson Madsen Voted Yes
Councilperson Selleneit Voted Yes
Councilperson Ulrich Voted Yes
Councilperson Ward Voted Yes
Motion carried bya__5_to__9 ___ vote.
Dated this 15" day of July, 2026.
Signed b (Chairperson) Dice Chair)
ACKNOWLEDGEMENT CERTIFICATE
State of Idaho)
5.5.
County of Bannock)
On this 15th day of July, in the year of 2026, before me Marjorie Williams, a notary public, personally appeared
Stewart Ward as chairjvice-chair on behalf of the Bannock County Planning and Development
Council, personally known to me to be the person whose name is subscribed to the within instrument, and
acknowledged to me that they executed the same.
Notary Publi
My Commission Expires on ____ 5/33. 2024
yaVblberig,
wQiORIé ir
a pa %
Wo Tap,
4, te,
2, 3 “BL IG F
~ ean gio
45, OF ry pvO ws”
CANS
->mn
'Sg
“Sececce
Xs
4 swt}
Cetera
porr ret an,
atttlitz,,
ai
a
BANNOCK COUNTY PLANNING & DEVELOPMENT COUNCIL
FINDINGS AND ORDER: PERMIT VAR-26-6
Page 8
30
BOARD OF BANNOCK COUNTY COMMISSIONERS' - MEETING SEPTEMBER 8, 2026
260421_0042
AudioClerk Transcription
00:56:47
Chairperson Ward: Agenda item number nine is a variance from Section 337, building
bulk and placement standards, Alan and Susan Peck request a
variance to allow the required driveway access easement to be
established through lot nine rather than lot eight, and a variance from
the subdivision open-space requirement. The affected property is
labeled RPRRCV1000 — I think I got all the zeros — 901. It's
currently unaddressed. And that's it. Okay. Sorry. Do you have my
timer? Applicant.
Susan Peck: Susan Peck, 9504 Nottingham Lane. The reason I'm here is we had
sold some property to Kevin and Jennifer Skinner many years ago
behind lot nine, 75 acres. They are landlocked. He no longer — she
passed away a few years ago, unfortunately, He no longer lives here.
He wants to sell the land. He needs an easement. And that's why I
am here, because he couldn't apply because it needs to go through lot
nine, which we own. So that's why I'm here, is to try to figure out
what we can do to give him an easement so he can sell his property.
Feasibly, it cannot go through my lot where my home is because
there's not enough room at all. So years ago we had a bunch more
land behind there that wrapped all the way around Pocatello Creek,
and there was a concept plan, which thank goodness never went
forward with, because I don't want a bunch of houses back there. But
the road is — that is proposed, that he is proposing was similar to
what was done 20 years ago.
Molly Dimick: Is the parcel that you own the one that's outlined in blue right now?
Susan Peck: Lot eight and lot nine. Which is open space.
Chairperson Ward: Yeah. I think they own both.
Susan Peck: I just dumped that out of my stuff that I had. I don't know if you can
see where the cul-de-sac is and stuff, and where the road was going
to tie back and, like I said, back to all the other land that wrapped to
Pocatello Creek. But we never — we had partners. We never went
through with that. The partners didn't work out, so — but —
Edward Ulrich: So the lot that they're trying to get access to is obviously that little
one on the north.
Susan Peck: It is at the back there.
Edward Ulrich: Yeah, at the very back.
Susan Peck: Yeah.
31
260421_0042
BOARD OF BANNOCK COUNTY COMMISSIONERS' - MEETING
SEPTEMBER 8, 2026
AudioClerk Transcription
Edward Ulrich:
Male:
Chairperson Ward:
Krystal Madsen:
Chairperson Ward:
Susan Peck:
Chairperson Ward:
Susan Peck:
Chairperson Ward:
Susan Peck:
Chairperson Ward:
Susan Peck:
Molly Dimick:
Edward Ulrich:
Male:
Susan Peck:
Chairperson Ward:
Susan Peck:
Edward Ulrich:
Susan Peck:
Edward Ulrich:
Susan Peck:
Edward Ulrich:
It's off of the —
You can't even see it —
It's this piece back here.
Oh, so it's not the one with the home on it.
No, that —
No, that’s ours.
They own this and this. This is lot eight. That's lot nine.
Yeah,
They also own this piece, and then what the ~
Yes. We have the 4.45 acres or whatever that we kept back there.
And then they're trying to get access up here. Which has a survey on
it that split it.
It's over the other way. Back that way. There you go. So that's all his
that's in that spot back there. Yeah.
That U shape?
Plus the two plots.
Plus it goes past.
Yeah. And then back there. Yeah. So that's what Kevin owns.
Okay. So right now to access it, they would go right by your —
Right next to our house.
You don't like dust?
No.
Just kidding. Sorry.
The thing is when we sold it to him years ago, it was him and
Jennifer were just going to build a house back there. And they're
friends of ours, and it's like no big deal. We didn't have to worry
about all this. But now he — like I said, she's no longer with us, and
he —
He didn't want anything to do with it.
32
260421_0042
BOARD OF BANNOCK COUNTY COMMISSIONERS' - MEETING
SEPTEMBER 8, 2026
AudioClerk Transcription
Susan Peck:
Chad Selleneit:
Susan Peck:
Chad Selleneit:
Chairperson Ward:
Susan Peck:
Chairperson Ward:
Molly Dimick:
Susan Peck:
Edward Ulrich:
Susan Peck:
Chairperson Ward:
Susan Peck:
Chairperson Ward:
Susan Peck:
Chairperson Ward:
Chad Selleneit:
Susan Peck:
Edward Ulrich:
Chad Selleneit:
He lives a long ways away now, so he wants to sell it. So how do we
get him an easement so that he can sell his property and go on with
his life? But us and all the neighbors don't want tons of houses back
there, but we need to give him access so he's not landlocked because
that's what the law says. So how do we do this?
I'm not picking on him, but he's really not landlocked. He's just
driving by your house. Correct?
Yes, but there's enough room for a car.
But he's really not landlocked, just to clarify. Okay, thank you.
Well, if I understand correctly, there's currently not an easement
through her property —
There is no easement through my property.
To access his property.
Oh, I was just going to ask if we have a measurement of the current
— okay.
No, there is no —
So this is just the legality to make sure that this is -
There is no easement.
That's the way I understood the application and what you said is —
Yes.
Currently the only easements that exist are these on this plat.
Yep.
And which don't access this property up here.
They go through lot eight.
Correct. So how do we give him an easement? That's the — that's why
I am here, is to figure out how to give him an easement so he can sell
his land.
Right of way access easement. Okay. Stewart, I'm going to lean on
you because this is [inaudible 01:03:06] —
Yeah, same. It’s you, Stewart.
33
BOARD OF BANNOCK COUNTY COMMISSIONERS' - MEETING SEPTEMBER 8, 2026
260421_0042
AudioClerk Transcription
Chairperson Ward: Oh, man,
Edward Ulrich: So is it just we're labeling an easement that legally is recorded on the
deed? Is that what we're doing? Or are we —
Tristan Bourquin: Are you wanting my staff report before —
Chairperson Ward: Well — okay.
Edward Ulrich: Yeah. We got ahead of ourselves. Okay. Yeah. Sorry.
Chairperson Ward: Yeah. Do we have any other questions specifically for the applicant?
Edward Ulrich: No.
Chad Seileneit: No. No, I don't.
Chairperson Ward: Okay. Thank you.
Susan Peck: Yep.
Edward Ulrich: We might have you come back up.
| Susan Peck: That's fine.
Chairperson Ward: Yeah. Okay. Now we're ready for the staff report. Thank you.
Edward Ulrich: Yeah. This is new to us.
Tristan Bourquin: Tristan Bourquin, assistant planning director. So you've had the staff
report for a week. I don't know if you've noticed or reviewed.
Typically, on a variance, we have a recommendation from Planning
and Development that is either denial or approval. This one does not
have an approval option. It is a denial. That is because the definition
of a variance does not allow a variance from open space, which is
what they are requesting. So the definition of a variance is for lots,
size of lots, lot coverage, setbacks, all to do with the zoning
ordinance. Open space is required by the subdivision ordinance. Lot
nine was a platted open space lot to create that development at the
density that it is currently at.
At the time that council did the plat for this development, they
determined that there were — there would be lots that would be
landlocked without an easement through open space. So typically
you would not even be allowed an easement, or a road, or any type
of development in that open space lot at all. The only development
that is currently permitted in lot nine is where the driveway is
existing now. So this does not qualify for a variance, and would have
to go through a replat process to change lot nine in order — and if it
34
260421_0042
BOARD OF BANNOCK COUNTY COMMISSIONERS' - MEETING
AudioClerk Transcription
Krystal Madsen:
Edward Ulrich:
Chairperson Ward:
Edward Ulrich:
Chairperson Ward:
Molly Dimick:
Chairperson Ward:
Tristan Bourquin:
Chairperson Ward:
Tristan Bourquin:
Chairperson Ward:
Tristan Bourquin:
Chairperson Ward:
Molly Dimick:
could meet current standards to do that, that would be the path to
move forward.
The parcels to the north that need access have also gone through a
minor land division process. On that minor land division, there is
actually a note stating that their access will be granted by Castle
View Investments, the owners of lot eight and nine, going through
lots eight and nine. So really, an easement is a completely separate
issue and cannot be granted through a variance process.
And that was my question, so I had read that and I was like, "I don't
understand.” Thank you.
So what do we do?
So we don't have a —
Authority to do it.
A copy —
Jurisdiction.
We don't have a copy of that minor land division in our packet?
No, I can pull it up though if you want to —
I'm just curious to look at the verbiage of that note specifically. Just
so that I fully understand.
So note number four states: “Access to this property will be via
Nottingham Lane, and Kevin Skinner is working with Castle View
Investments, LLC to acquire an easement through lot eight and nine
of Castle View Estates, division number one, instrument number
20616775 in conjunction with the surface of the surveyed property
shown on this recorded survey. No access easement has been
recorded at this time.”
Okay. So I would agree that in order to do this, a reconfiguration of
the platted easements, a replat would be required. However, with that
being said, I don't know that it would comply with today's rules
either —
That is correct.
— is the concern. But I also see based on —
Because of open space?
SEPTEMBER 8, 2026
35
BOARD OF BANNOCK COUNTY COMMISSIONERS' - MEETING SEPTEMBER 8, 2026
260421_0042
AudioCterk Transcription
Chairperson Ward: Because of the open space requirements, yeah. But I do also see that
there's also already kind of a non-conforming use into open space
with their driveway.
Tristan Bourquin: | That was permitted as part of the plat. The easement that was going
for —
Chairperson Ward: No, this part up here that wiggles out. That is not shown on the plat.
Tristan Bourquin: Yeah. Correct.
Chairperson Ward: And so there's already a non-conforming encumbrance or
encroachment into open space. So that's where I'm a little hung up, I
guess, personally.
Molly Dimick: And when do we need to do public comments?
Chairperson Ward: Yeah, I'll get to that. I just wanted to — I just, I had to —
Krystal Madsen: Staff first?
Chairperson Ward: _ I had ~ yeah, I had — I wanted to work through that with staff first
because that's kind of the way I see it. There's two things going on
here a little bit. But - okay. Let's work through public testimony and
then have more discussion about this. Does that work?
Krystal Madsen: Mm-hmm [to indicate yes].
Edward Ulrich: Mm-hmm [to indicate yes].
Chairperson Ward: Okay. Let's see. Kevin — we'll start with Kevin Skinner.
Kevin Skinner: Kevin Skinner, 378 West Collins Road, Blackfoot, Idaho, 83221. So
the document that you have there talks about it, and I know that the
open space requirements is not something that | think is really an
issue because the way the original plan was set up, each of the seven
additional lots in the Castle View Estates has an open space of three-
quarters of an acre that's slated to the back of that, and the proposed
road impact is only about .66 acres, which with the addition or the
seven lots that are there, plus the 18 acres that are just still part of
plot nine, we still exceed the required amount of open space for that
subdivision. So we're — the open space that's already there would be
just fine even with the impact of the road that's going through it. And
then the — going through lot eight is — or goes against some of the
standards that the County has for putting roads in there, as well as
negatively impacts Susan and Alan on that. And so the proposed
position of the access is about as unintrusive and still maintains the
BOARD OF BANNOCK COUNTY COMMISSIONERS' - MEETING SEPTEMBER 8, 2026
260421_0042
AudioClerk Transcription
open space requirement. As far as we can tell. Any questions that
you have for me?
Edward Ulrich: Just makes more questions for staff.
Chairperson Ward: I don't think so. Thank you. Okay. Let's see. Susan, you already
spoke, so you're technically the applicant, so you didn't need to
necessarily sign this, but that's okay. We'll go to the next one.
Conrad Wagner.
Conrad Wagner: Should I put the other people ahead of me? They're part of the
subdivision, and I'm actually just the lot owner to the right that has
the easement,
Chairperson Ward: Okay.
Conrad Wagner: I'm just the lot owner that has that easement through the open space
to get to my property.
Chairperson Ward: Sure.
Conrad Wagner: I'm not part of the — was never part of the whole [inaudible 01:11:57]
estates. I] mean, | bought a lot, but it was never — that easement was
granted way —
Chairperson Ward: But you want them to go first?
Conrad Wagner: Yeah.
Chairperson Ward: Okay. That's fine. I don't really care what order. We'll just get — we'll
get through everybody eventually. Tracy Casselman.
Tracy Casselman: | Good evening. My name is Tracy Casselman. | reside at 9125
Nottingham Lane, which is lot number 4 of Castle View Estates. We
purchased that property in 2009 from the Pecks. It was with the
understanding there was about 20 acres of open space. That was a
significant decision point for us to decide to buy a home there.
We've used that area extensively. I probably use that area more than
anyone up there. Our kids have used it. We walk dogs, we travel.
We've done that for years.
In the last few years, the roads have grown, they've gotten bigger,
more impact to the open space. Property's been cleared,
encumbrances have come onto the property, and it's far less than it
was, This road which is proposed, is going to put in — going to cut up
about two — about another three-quarters of an acre, give or take.
We're looking at 1,600 feet times 20 feet if the road only stays 20
feet. And I don't see it as necessary. Yeah, there's going to be some
37
BOARD OF BANNOCK COUNTY COMMISSIONERS' - MEETING
260421_0042
AudioClerk Transcription
Chairperson Ward:
Steve Klauser:
Chairperson Ward:
Female:
Steve Klauser:
Chairperson Ward:
Steve Klauser:
Chairperson Ward:
Steve K lauser:
Susan Peck:
Steve Klauser:
hardship putting a road in, but it's open space. When I —- my
perception is, yeah, you've got a draw right here that's got a lot of
steepness in it, okay? But you've got an existing road, okay? Part of
which comes into the open space and goes. All right?
The building here, the castle was built after that property was sold
and the path was put there. Okay? You could continue to go up
through there, and it could be a whole lot of fun, and it can be fun for
the Pecks there. Or you come off here where it's closest and you save
a few hundred feet. Come off here. There are options. I don't think
we need to put in a secondary road. All the dust, the impact, that
place is for open space, for the purpose of open space, It's already
highly fragmented. We're talking about fragmenting and chewing up
another — J don't even know how you do the calculations, .68, .34 or
.74 acres. I would just ask that you deny the request for the variance
and work with Mr. Skinner and the Pecks and figure something else
out that doesn't impact the open space. Thank you.
Okay, thank you. Steve Klauser. Did I say that right?
No, but it works,
How close was I?
You were good.
Well, it's pronounced Klauser.
Klauser.
Some people say Klauser.
I was close.
You were right there. Steve Klauser, 9053 Nottingham Lane. I’m lot
two. I am one of the owners of the original that ever bought up there.
And, again, to just reiterate a little bit on what Tracy said, the whole
plan that was presented to us when we were looking to buy this land
was that that was open space. And Susan and Alan Peck were horse
people. Still are?
Yeah.
This was really meant to be a horse property, and places for us to be
able to ride our horses and do things like that, to utilize open space
as open space was meant for. And I really wasn't going to talk too
much on this, but a comment was made about still having adequate
open space. Can you blow that up just a little bit more? Okay, right
SEPTEMBER 8, 2026
38
260421_0042
BOARD OF BANNOCK COUNTY COMMISSIONERS' - MEETING SEPTEMBER 8, 2026
AudioClerk Transcription
Molly Dimick:
Steve Klauser:
Chairperson Ward:
Steve Klauser:
Susan Peck:
Chairperson Ward:
Conrad Wagner:
there. You pointed this out a little bit, where the open space, all of
the natural habitat has been completely stripped off, and that is now
used as a parking lot. That is a clear violation of open space. You
cannot do that.
If you look over to the right, out where the arrow is there, all
stripped of natural habitat. Once again, these are violations of open
space. You can see where the road varied back out into open space
and went back in. I don't know when that came apart, because we
were never made aware that they were going to impact open space to
bring the road out and back and around, but it did.
So when we sit here and we talk about, there's still adequate open
space," I'm going to argue that. You can see the width of the road,
the one road there, going off to the right. Originally, if | remember
correctly from looking at the plot plans, that was only a 20-foot
easement. That's 40 feet wide now and stripped of natural habitat.
We continue to come — this is our second time being in here going
over the open space. Now, I'm not trying to make it so Mr. Skinner
can't sell his property or provide something in there. So I'm going to
also reiterate, one, there's already existing road going back there.
Yes, it does go by Susan and Alan Peck's place. A shipping container
has been moved back there. There are building forms that have been
moved back there. I believe, and | could be wrong, correct me if I
am wrong, please, even a well-drilling truck went through there to go
back there and drill a well. So it's not a — it is purely a matter of
inconvenience, It's not a matter of financial because —
That’s your time.
Okay. There we go,
Thank you.
Boy, too many years in sales. I could talk {inaudible 01:18:27].
Can I say something else?
Almost. Almost. Almost. Okay, Conrad, you're up.
Okay. Conrad Wagner, 9220 Nottingham Lane. I own the lot there
where the road takes off to the right that goes to that physical house
there, which was never part of the subdivision. It was a lot that had
easements, right-of-ways before. As far as the road going up to my
lot, if you look at the plat thing, that is a 60-foot-wide easement. If
you've got — anyway, it says — states on there that it's 60-foot wide.
39
260421_0042
BOARD OF BANNOCK COUNTY COMMISSIONERS' - MEETING SEPTEMBER 8, 2026
AudioClerk Transcription
Molly Dimick:
Chairperson Ward:
Conrad Wagner:
Chairperson Ward:
And that mowed area in my lot, in my road there, is 60-foot wide.
You can see where the sagebrush has been mowed on both sides of
the road. The road is approximately 20 feet wide, and from
sagebrush to sagebrushes that I mowed that back 60 feet. More for
fire protection and that because there's — we're out there in the
middle of the sagebrush, That's the only reason I — if ] made a
mistake on that, I did that, and that's my fault for not realizing the
zoning on open space.
And the first part is, yeah, I'm sure you guys got this map there. My
easement does come from the county road up to that corner, and then
turns right to the easement, and then there is another easement that
goes up to Alan Peck's property. But that's where the easements stop.
There's basically those lots up there. There's four lots up there. They
are landlocked basically, and this kind of gives him an easement
right-of-way, but he still has to pay for that right-of-way, and the
purchase price or whatever of property.
As far as the lots, they're both owned by Alan Peck. Number eight
and nine are owned by the same people. Even the open space is still
owned by him. So I've asked him for permission to do what I did, but
like I say, it was my fault if I did anything wrong. As far as the road
going up through there, I'm not sure, but he's proposing to go right
off of here to this point here, and that's the property line right there.
Well, with the 60-foot road easement and that road there, the two
roads would actually be touching each other. If not, they would be
10 feet apart, and the extra ground that that consumes up of open
space, I don't see that feasible.
And then from that point there, to, say, this area in here, if you did
continue to go up this road, and then the way they have this drawn in
here is very deceiving. Because this point here is probably at least 30
feet higher in elevation than this part right here where they're down
over the bank, When you get up here in this draw, then the average
slope on the — it's a deep slope. It goes from a one-to-one slope to
one-to-two and most of it is a one-to-two degree slope. There's some
one-to-three, but where they had this road going, it's basically pretty
much a one-to-two degree slope.
That's your time.
That's your time.
That's time?
It goes fast.
10
40
260421_0042
BOARD OF BANNOCK COUNTY COMMISSIONERS' - MEETING
SEPTEMBER 8, 2026
AudioClerk Transcription
Conrad Wagner:
Chairperson Ward:
Conrad Wagner:
Chairperson Ward:
Conrad Wagner:
Chairperson Ward:
Susan Peck:
Male:
Susan Peck:
Krystal Madsen:
Male:
Susan Peck:
Tristan Bourquin:
Chairperson Ward:
Susan Peck:
Krystal Madsen:
Can you just, can you give me five more minutes? No, I just have a —
yes, please, | asked for it. I'm the last guy. There's only two here, and
[ recognize everybody who's here. Okay, there's four lots out there.
Just real quick and then I'm going to cut you off.
Okay. There are four lots up there. As far as people going up there
and fire protection, there's going to be at least a national average of
lots per people. There's going to be 10 trips a day per lot. That's 60
people per day basically going up that road. I pay the maintenance
on the road going up to that part. Somebody's got to figure out who's
going to pay me back for — I spent $8,000 just improving that road
for gravel. Plus the fire protection, it's got to be a road that is to
specs, county specs. And also —
I'm going to have to cut you off right there. I'm going to have to cut
you off right there, okay?
Okay. Oh yeah, I [inaudible 01:22:35]. I can do that.
All right. Thank you. Okay, now it's back to you for rebuttal. So
come back up here. I will need your name and address again. And
then you have six minutes.
Okay. Susan Peck, 9504 Nottingham Lane. So as far as Conrad
already said, the wider part of the road there that goes to his place,
that's what he did. It had nothing to do with me. And yes, I do have
my trailer. I have some of my trailers parked there. But that other
part over below the shop is my septic field, so that's what that is.
What part, Susan? I'm sorry.
Below the shop there, that’s all my septic field.
Right there?
So that's actually in lot eight though.
That's my septic field. That’s in lot nine. They approved it for me,
for us, but —
Address the council, not —
So if you'll just — yeah, if you'll just direct stuff to us.
Yeah, sorry. But yeah, so that's our septic field. That's what that is.
In lot nine. In the open space.
11
41
260421 _0042
BOARD OF BANNOCK COUNTY COMMISSIONERS' - MEETING
SEPTEMBER 8, 2026
AudioClerk Transcription
Susan Peck:
Chairperson Ward:
Susan Peck:
Chairperson Ward:
Chad Selleneit:
Chairperson Ward:
Chad Selleneit:
Edward Ulrich:
Chad Selleneit:
Chairperson Ward:
Edward Ulrich:
Krystal Madsen:
Edward Ulrich:
Chad Selleneit:
Chairperson Ward:
Chad Selleneit:
Molly Dimick:
And then as far as the container going past and the house and going
back there, that was long before we finished doing our patio on our
house now. We have barely enough room for one vehicle to go
alongside our house. That was prior to that when Kevin had all that
stuff back there with the well driller and everything else. There's no
way anybody could go past there like that now. Not a chance.
They'd go straight down, go off the mountain, the side there. But
that's all | wanted to say.
Okay. Okay. Thank you.
Yep.
All right. Questions? More questions?
No. Well, just a comment.
Discussion?
Discussion, I appreciate everybody for coming and being part of it.
That being said, I'm back to the council here. Staff has pretty much
already told us this is not the avenue. This does not meet the
definitions. Regardless of intent or whatever, this isn't our job to
grant an easement. It needs to go through the proper channels. And
so it's kind of, to me, a shut door.
It’s a legal issue.
That's — you know, at least as far as this avenue is, to come to us as a
council, That's where I'm at. That's all.
I would tend to agree with you, yes.
This is a legal issue that I don't think we need to get into,
So we move to findings and denial.
If there comes a agreement legally between the neighbors to figure
out easement and they have to replat something, then it comes back
to us. But right now, this is not —
Not for a variance. Not for a hardship variance or whatnot. This isn't
a replat, this is for a variance.
Right.
And it doesn't — it's not in our scope right now.
So it would need to come to us as a subdivision replat?
12
42
260421 0042
BOARD OF BANNOCK COUNTY COMMISSIONERS' - MEETING
AudioClerk Transcription
Chad Selleneit:
Chairperson Ward:
Edward Ulrich:
Tristan Bourquin:
Edward Ulrich:
Chairperson Ward:
Edward Ulrich:
Tristan Bourquin:
Edward Ulrich:
Chairperson Ward:
Chad Selleneit:
Chairperson Ward:
Edward Ulrich:
Chad Selleneit:
Krystal Madsen:
Edward Ulrich:
Chad Selleneit:
Edward Ulrich:
Tristan Bourquin:
Chairperson Ward:
Tristan Bourquin:
Or a replat, yeah.
Yeah.
And if, again, this isn't our place right now, but if the open space
requirement is still met by shrinking the open space for a replat, then
obviously that's something to be discussed at that point in time.
Correct.
Okay.
Okay.
So do we still have to go through findings?
Mm-hmm [to indicate yes].
Okay.
Okay. Ready to go through findings then? Or is there more
discussion? No? Okay.
No. We’re good.
Okay. How do we go through findings in this case?
Yeah, that's a good question.
Let's just stay focused on the variance that they're asking. We can't
grant that, so —
The applicant has not demonstrated that there's no reasonable
alternative.
No, because we're not here to hear that.
We're here to hear about a variance that we can't really legally give.
We can just put that in there. We can just say, "The applicant has
shown there is not a reasonable alternative, but based on this is not
our —"
Yeah, so page 192 of the packet.
Look at the last sentence of that.
It says, “The applicant's request is based on preference to relocate the
access rather than the absence of legal or physical access. Any
modification must occur through the applicable plat amendment or
13
SEPTEMBER 8, 2026
43
260421 0042
BOARD OF BANNOCK COUNTY COMMISSIONERS' - MEETING
SEPTEMBER 8, 2026
AudioClerk Transcription
Edward Ulrich:
Chairperson Ward:
Chad Selleneit:
Edward Ulrich:
Krystal Madsen:
Tristan Bourquin:
Chairperson Ward:
Edward Ulrich:
Chairperson Ward:
Molly Dimick:
Edward Ulrich:
Krystal Madsen:
Chairperson Ward:
Edward Ulrich:
Chad Selleneit:
Chairperson Ward:
Edward Ulrich:
Chad Selleneit:
Edward Ulrich:
Molly Dimick:
Edward Ulrich:
Chairperson Ward:
replat process. A variance is not the appropriate mechanism to alter
subdivision design standards or dedicated open space restrictions."
So can we just repeat that on all of these?
Maybe not all of them, but —
Number one anyways, right?
Number one,
Well, it is in conflict, right?
Page 192, page 2 of the staff report.
I think the last one, two, three, four sentences of that, "Any
modification to the approved subdivision layout or access
configuration must occur through that applicable plat amendment or
replat process," and then the sentence right after that. I think we just
use those two.
Where is it at, Stewart, again?
It's the last couple sentences of the — of A on the staff report.
192,
A modification?
Oh, and this one, it could conflict. It is in conflict,
Yeah. Did you get that one?
Has not, correct? No, is — wait, we're number one, right?
Yeah, number one.
The applicant has shown there — the applicant has not shown there is
a reasonable alternative.
Is not.
Yeah, is not.
The second one should be easy, right?
Yeah, staff finds that granting the request would conflict.
Yeah.
Yeah. The variance is in conflict with the public interest.
14
44
260421_0042
BOARD OF BANNOCK COUNTY COMMISSIONERS' - MEETING
AudioClerk Transcription
Edward Ulrich:
Tristan Bourquin:
Edward Ulrich:
Tristan Bourquin:
Edward Ulrich:
Chairperson Ward:
Tristan Bourquin:
Chairperson Ward:
Krystal Madsen:
Edward Ulrich:
Tristan Bourquin:
Edward Ulrich:
Tristan Bourquin:
Edward Ulrich:
Chairperson Ward:
Edward Ulrich:
Chairperson Ward:
Edward Ulrich:
Chairperson Ward:
Tristan Bourquin:
Yep. And approval would be in conflict with our —
With the approved subdivision plat.
Yeah, with the —
And requirements of the ordinance,
And our scope. Correct? And it becomes the scope.
But | think part of that is right in the middle of that paragraph in the
staff report. It says, "Authorizing new private access easement for
residential driveway purposes through an open space lot would
undermine the purpose of the subdivision's open space requirement
and establish a precedent for using variances to circumvent
substantive," I think that's how you say that word, "subdivision
regulations." Did I say it right?
You did.
Oh, man. I'm struggling.
Good job.
All the way to where?
Just that sentence.
That sentence.
Authorizing to furthermore — talk before furthermore.
Any regulation.
And then number three. The variance will adversely affect adjacent
property.
Just say it —
And the last sentence in the staff report: “Altering that approved
configuration to accommodate a private driveway through protected
open space may affect the character and intended function of the
subdivision and could impact neighboring property owners who
relied upon the approved plat.”
That's in which one? D?
C. The very last sentence in C,
C. The last sentence.
15
SEPTEMBER 8, 2026
BOARD OF BANNOCK COUNTY COMMISSIONERS' - MEETING SEPTEMBER 8, 2026
260421_0042
AudioClerk Transcription
Edward Ulrich: Yeah, the last two sentences actually, yeah. Because when the
commissioners review this, then at least they know we do
acknowledge that there's a need for it, but it's not our place to do
anything.
Marj Williams: So will?
Edward Ulrich: Yeah. If you guys are okay with that.
Chairperson Ward: Yeah, I'm okay with that.
Edward Ulrich: You want me to give the motion?
Chairperson Ward: Sure.
Edward Ulrich: Okay. So having reviewed the application, staff report, and all the
testimony presented tonight as part of the record, and based on the
criteria for a variance, and having found that those criteria of
approval are not satisfied, | move to deny Alan and Susan Peck's
variance request as described in the application and the staff report. I
find that the petition fails to comply with —
Tristan Bourquin: With the definition of a variance.
Edward Ulrich: With the definition of a variance, Okay.
Chairperson Ward: Okay. So we got a motion for denial.
Chad Selleneit: Second.
Chairperson Ward: Okay. Roll call, please.
Marj Williams: Edward Ulrich.
Edward Ulrich: Yes.
Marj Williams: Krystal Madsen.
Krystal] Madsen: Yes.
Marj Williams: Stewart Ward.
Chairperson Ward: Yes.
Marj Williams: Molly Dimick.
Molly Dimick: Yes.
Marj Williams: Chad Selleneit.
Chad Selleneit: Yes.
17
46
260421 _0042
BOARD OF BANNOCK COUNTY COMMISSIONERS' - MEETING SEPTEMBER 8, 2026
AudioClerk Transcription
Chairperson Ward:
[01:35:12]
Okay. Motion to deny carries with a five to zero vote. Okay, that's it.
18
Bannock County, ID
August 27, 2026
Record No: APC-
26-2
Appeal of Council
Decision
Status: Active
Submitted On: 7/24/2026
Primary Location
No location
Owner
No owner information
Applicant
Jared Fluckiger
208-232-6101
jared@mmlawid.com
201 E. Center St
Pocatello, ID 83201
Decision on Appeal
Decision being appealed*
VAR 26-6 re: Alan & Susan Peck
Date of decision*
07/15/2026
Below give a brief explanation of why the Council's decision is being appealed.
47
BOARD OF BANNOCK COUNTY COMMISSIONERS' - MEETING
SEPTEMBER 8, 2026
Appeal Narrative*
1. The County's "no development whatsoever" interpretation appears inconsistent
with the Open Space Ordinance 16.28.010.
The County staff and the hearing body asserted that land shown as "open space"
on a recorded plat is essentially unusable and cannot be developed.
That interpretation is difficult to reconcile with ordinance language since the Open
Space Subdivision Ordinance specifically permits:
agricultural uses,
agricultural structures,
agricultural driveways,
trails,
driveways,
utility facilities, and easements, or
similar limited improvements.
If an ordinance expressly authorizes driveways and agricultural uses and
structures within open-space areas, then the County cannot reasonably interpret
the ordinance as imposing a complete prohibition on all development in open
space. Any such interpretation would render those provisions meaningless.
The ordinance recognizes that open space is not synonymous with untouched
wilderness. Rather, Bannock County adopted a conservation-based development
model in which a minimum amount of acreage remains open while certain limited
and compatible uses are allowed within that acreage. That distinction is
important.
The issue is not whether the land remains open space. The issue is whether an
access driveway is a permitted or variably approvable use within open space.
The ordinance specifically states: "Driveways of any length serving two or more
structures ... shall be built to county standards." 16.28.010(C)(7). This includes
driveways for non-agricultural uses. That language assumes such driveways can
exist and are in fact outright permitted. The focus is on construction standards,
not prohibition.
Additionally, the ordinance allows design deviations in open-space developments
through the county's variance process.
Ord. 1998-1 defines “open space subdivision” as a division of land which
produces individual lots and reserves a specified amount of the original area in
perpetually undeveloped or unchanged condition. The specified amount in this
zoning is 50%. The code requires a minimum of 50% of the subdivision acreage
to remain as open space. It does not require a lot that is primarily open space to
have no development of any kind. That requirement is still satisfied by the
proposed driveway. That definition does not prohibit development in open space.
16.28.010(C)(3)(b) Separate Lot. This concepts treats the remainder of the site as
a separate lot which can be retained by the developer who may elect to keep or
sell it. The lot will be deed-restricted against further development but it can be
farmed or timbered, etc., as specified and approved by the council.
48
BOARD OF BANNOCK COUNTY COMMISSIONERS' - MEETING
SEPTEMBER 8, 2026
This language contemplates that the developer may use the property as
approved by the council. As explained later, "restricted" does not mean
"prohbited."
16.28.010(C)(7) Driveways of any length serving two or more structures or two or
more nonagricultural uses shall be built to county standards.
The code specifically permits driveways serving residential structures in open
space subdivisions. It is a misinterpretation of the code and an abuse of
discretion for P&Z to say that no driveways are permitted simply because it is
designed as “open space.” There is no support for that interpretation in Bannock
County code.
2. The subdivision remains compliant with the 50% open-space requirement
Numbers:
Total subdivision acreage: 44.83 acres
Minimum required open space (50%): 22.415 acres
Existing open space: 24.32 acres
Proposed driveway disturbance: 0.70 acres
Remaining open space after construction:
24.32 - 0.70 = 23.62 acres
23.62 acres exceeds the required 22.415 acres by approximately:
23.62 - 22.415 = 1.205 acres
Thus, even assuming the entire driveway area must be removed from the open-
space calculation:
The subdivision would still exceed the minimum open-space requirement
established by the ordinance.
3. Lot 9 is privately owned property, not common area
Another significant point is that Lot 9 is:
a platted lot,
privately owned,
not dedicated to the public,
not designated as homeowners' common area.
The plat note #5 states that lot 9 is reserved as open space to be privately owned
and maintained. The use and development of said lot is restricted per the
requirements of the Bannock county subdivision ordinance.
The plat map contemplates that additional development of lot 9 may occur, within
the restrictions of Bannock County code.
The plat note is a deed restriction as stated in the code, but a restriction is
different than a prohibition. Just because something is restricted does not mean it
is prohibited.
A restriction and a prohibition both limit conduct, but they differ in degree:
Restriction = an activity is allowed, but only under certain conditions, limits, or
circumstances.
Prohibition = an activity is completely forbidden.
Examples
Restriction
"Buildings may not exceed 35 feet in height."
Building is allowed, but height is limited.
"Parking is permitted only between 8:00 a.m. and 6:00 p.m."
49
BOARD OF BANNOCK COUNTY COMMISSIONERS' - MEETING
SEPTEMBER 8, 2026
Parking allowed, but during limited times.
Prohibition
"No buildings may be constructed in the floodway."
Building is not allowed at all.
"No parking."
Parking is prohibited regardless of time.
Since the plat itself does not contain an express prohibition, but only a restriction
that development must comply with Bannock code, the county must identify the
specific ordinance provision prohibiting the driveway.
The findings and order from P&Z do not identify the exact section of the
subdivision ordinance, zoning ordinance, development agreement, plat note, or
condition of approval that expressly prohibits construction of a driveway within a
privately-owned open-space lot.
If there is no such provision, then the denial appears to be based on policy
preference rather than ordinance language. Local government decisions become
vulnerable when they rely on generalized concerns rather than a specific
ordinance requirements. The open space ordinance does not give P&Z discretion
to impose policy preferences not required by the code explicitly.
Lot 9 already contains driveways. That creates a substantial consistency issue.
If open-space lots are categorically prohibited from containing improvements,
why do driveways already exist on Lot 9? These were platted in the open space
lot from the beginning.
Either:
driveways are allowed within open space, or
prior approvals recognized that limited access improvements are compatible
with open-space designation.
In either case, the County's current interpretation appears inconsistent with its
historical treatment of the property.
In response to the required findings section of the P&Z findings and order:
1. The proposed driveway does not require an amended plat, because the
proposed driveway is permitted in the open space subdivision ordinance
and maintains compliance with the open space restrictions.
2. There is no conflict with the public interest because the public has no
interest in lot 9. And the open space subdivision requirements and purpose
are still satisfied and not undermined in any way because the proposal is
permitted by its own language and the open space requirement is
maintained.
3. There is no adverse affect to adjacent property. P&Z called this “protected
open space” but again, the ordinance imposes restrictions, not prohibition
on this kind of development. The character and intent of the function of the
subdivision are not violated. The plat is not required to be changed, and any
reliance adjacent lot owners may have had is unaffected. The entirety of lot 9
is private property, not just the proposed driveway. This parcel could already
50
BOARD OF BANNOCK COUNTY COMMISSIONERS' - MEETING
SEPTEMBER 8, 2026
be closed to public access and use by the Pecks if they wanted. There is no
requirement in the plat that lot 9 remain accessible and available to the
public or the other lot owners in Castle View Estates. Nothing in the plat
offers that to the other lots. It is not dedicated common space. It is private
property.
4. The route that P&Z suggests through lot 8 is not feasible. There is no
practical way to construct a code compliant access next to the Peck’s
residence. It is approximately 10-feet wide between their house and the
edge of the gully. If the Peck’s had known the county would require this, they
may have developed lot 8 differently, but they acted in reliance on
discussions with P&Z and existing county code at the time they developed
Castle View Estates. It was always their intent and plan to access to the
north for division 2 of Castle View to be in the route now proposed. P&Z at
that time indicated that would be fine. P&Z now has failed to show any legal
requirement for the Peck’s to create access through lot 8 rather than their
lot 9 as originally planned.
P&Z concedes that the northern property already has legal access through lot 8.
This is stated multiple times in their findings and order. However, they state no
basis for that opinion. They have not shown an easement, deed, plat, or other
document that provides legal access to the northern property over lot 8.
The suggested adverse impact to the other lot owners considered by P&Z is
already permitted through lot 8 according to P&Z and would be no different for
those lot owners if the travel was through lot 9 rather than on lot 8. P&Z states
that the lot owners relied on the approved plat when they bought their lots. The
approved plat does not prohibit development on lot 9 or future development of the
northern property. There is nothing in the existing plat that provides any
assurance to the lot owners that there can be no further development. The plat
note itself says that there can be development according to Bannock code.
3. Hardship exists
Idaho variance law generally requires a showing of practical difficulty or undue
hardship arising from the property's unique circumstances.
Here, the hardship is not self-created in the ordinary sense.
The Pecks own:
Both lot 8 and lot 9.
At the time of development the Pecks owned the adjacent property to the north
of Castle View Estates as well. You will notice that this plat is Division 1, and
future divisions were anticipated. The Pecks ended up selling the property to the
north and did not develop it. However, the anticipated access to that future area
was always along the route proposed by the Pecks. The development of Lot 8
was never undertaken with the intent of accommodating future access to the
north through lot 8. Access through Lot 9 is the only feasible route. The
preliminary platting and survey work incident to Castle View Estate division 1
51
BOARD OF BANNOCK COUNTY COMMISSIONERS' - MEETING
SEPTEMBER 8, 2026
demonstrates that clearly. This is not an afterthought by the Pecks. It has been
their plan all along, which P&Z was aware of from the beginning, and is now
attempting to pull the rug out from under the Pecks so to speak.
Denial prevents a reasonable access solution despite:
continued compliance with the open-space percentage requirement,
no substantial impairment of neighboring properties,
no elimination of the open-space character of the subdivision.
The ordinance is being applied in a manner that effectively deprives Lot 9 and the
property to the north of any reasonable beneficial use beyond passive existence,
despite the ordinance itself recognizing compatible uses within open-space areas.
This is not the intent of the open space subdivision ordinance.
The physical characteristics of lot 8 and lot 9, make it impractical to develop a
code compliant access through lot 8. The access would have to be too close to
the existing structure, and it is a cliff on the opposite side of the driveway. This is
not a private property dispute as characterized by P&Z. The Pecks relied on the
county when they developed Castle View. The Pecks were not ready at the time
to create that road so they did not include it, but understood that they would be
able to in the future since they retained ownership of lot 9. Based on what they
were told by the county, they relayed that information to the buyer as well.
It would not be practical or safe to construct a road on lot 8 that would comply
with code and could support access for equipment and vehicles necessary to do
any development on the property to the north. There would be no safe way to get
a concrete truck or excavator past the Peck’s house. It would require significantly
more work, expense, and engineering to make that safe, than to create the entire
road in the proposed location. This is not just personal preference as stated by
P&Z. It is simply the reality of the topography and physical characteristics of the
property. Not a situation created by the Pecks, and it would absolutely be an
undue hardship.
4. Idaho Code § 67-6516 supports a broad reading of variance authority
Idaho Code § 67-6516 authorizes local governments to grant variances and
includes language concerning ordinances affecting the placement of structures.
The variance request concerns application of an ordinance affecting where
improvements may be placed on the property.
Idaho courts typically interpret zoning and land use regulations according to their
practical effect.
A driveway is a permanent, constructed site improvement involving grading,
surfacing, drainage, and access design.
Therefore, a reasonable argument exists that:
the ordinance affects placement of site improvements,
the variance process is the proper mechanism for relief,
commissioners possess authority to approve the request where strict application
creates hardship and the purposes of the ordinance remain satisfied.
Even if a driveway is not itself a structure, the variance statute demonstrates
legislative intent that local governments possess flexibility when applying land-
use regulations that control the placement and use of improvements on private
property.
52
BOARD OF BANNOCK COUNTY COMMISSIONERS' - MEETING
SEPTEMBER 8, 2026
5. Conclusion
The record does not establish that Bannock County's ordinances impose an
absolute prohibition on driveways within privately-owned open-space lots. To the
contrary, the ordinance recognizes limited development within open-space areas
including specifically driveways for agricultural and non-agricultural uses. The
proposed 0.70-acre driveway would leave approximately 23.62 acres of open
space, exceeding the required 22.415 acres (50%). Lot 9 would remain open
space, the subdivision would remain compliant, and the purposes of the open-
space subdivision regulations would continue to be achieved. Because denial
creates an unnecessary hardship while approval would preserve the ordinance's
intent, the variance should be granted or the matter remanded with instructions to
apply the ordinance consistent with its plain language.
Bannock County's ordinance expressly contemplates private driveways in open
spaces, establishes standards for them, emphasizes provision of lawful access
and use of private property and therefore the county should approve the
driveway. If the county denies this request, it must identify a specific ordinance
provision, deed restriction, or other legal authority that the proposed access
cannot satisfy. P&Z has failed to provide any legal authority that would dictate
the outcome they have stated in their findings and order. There is no citation to
any subdivision ordincance provision that would prohibit the proposed driveway,
and only a general mention of the variance section itself. It is not clear what legal
basis exists in state law or applicable county code and relied upon by P&Z.
According to I.C. 67-6516, denial of a variance permit or approval of a variance
permit with conditions unacceptable to the landowner may be subject to the
regulatory taking analysis provided for by section 67-8003, Idaho Code,
consistent with the requirements established thereby. A denial in this instance has
a significant detrimental effect to the Peck's property on lots 8 and 9, as well as
the property to the north, which would also be an aggrieved party by P&Z
decision.
Acknowledgement
I, the undersigned, hereby certify that the information herein and attached hereto is
true and correct to the best of my knowledge. I acknowledge that transcript fees
must be paid before the end of the 10-day appeal window or within 48 hours of
notice to pay, or this appeal will be considered abandoned and closed. I hereby
authorize the filing of this application and consent to staff review and correction of
minor discrepancies on my behalf, if found on this application.
53
BOARD OF BANNOCK COUNTY COMMISSIONERS' - MEETING
SEPTEMBER 8, 2026
54 BOARD OF BANNOCK COUNTY COMMISSIONERS’ - MEETING SEPTEMBER 8, 2026
Electronic Signature [Typed Name of Applicant]* | agree that my electronic signature above is
Jared Flucki equivalent to a handwritten signature and is
are uckiger binding for all purposes related to this
transaction*
Date*
07/24/2026
Attachments
Nottingham-5.jpg
Nottingham-5.jpg
Uploaded by Jared Fluckiger on Jul 24, 2026 at 4:21 PM
Nottingham-6. jpg
Nottingham-6.jpg
Uploaded by Jared Fluckiger on Jul 24, 2026 at 4:21 PM
Nottingham-7.jpg
Nottingham-7.jpg
Uploaded by Jared Fluckiger on Jul 24, 2026 at 4:21 PM
. Nottingham-8.jpg
s Nottingham-8.jpg
Uploaded by Jared Fluckiger on Jul 24, 2026 at 4:21 PM
Nottingham-9.jpg
_ Nottingham-9.jpg
Uploaded by Jared Fluckiger on Jul 24, 2026 at 4:21 PM
Nottingham-10.jpg
Nottingham-10.jpg
Uploaded by Jared Fluckiger on Jul 24, 2026 at 4:22 PM
Nottingham-11.jpg
Nottingham-11.jpg
Uploaded by Jared Fluckiger on Jul 24, 2026 at 4:22 PM
BOARD OF BANNOCK COUNTY COMMISSIONERS’ - MEETING
Nottingham-12.jpg
55
Nottingham-12.jpg
Uploaded by Jared Fluckiger on Jul 24, 2026 at 4:22 PM
Nottingham-13.jpg
Nottingham-13.jpg
Uploaded by Jared Fluckiger on Jul 24, 2026 at 4:22 PM
Nottingham-14. jpg
~ = Nottingham-14.jpg
Uploaded by Jared Fluckiger on Jul 24, 2026 at 4:23 PM
Nottingham-15.jpg
| Nottingham-15.jpg
Uploaded by Jared Fluckiger on Jul 24, 2026 at 4:23 PM
Nottingham-4.jpg
Nottingham-4.jpg
Uploaded by Jared Fluckiger on Jul 24, 2026 at 4:23 PM
20260724 Point-of-Sale Payments.pdf
E; 20260724 Point-of-Sale Payments.pdf
Uploaded by Jared Fluckiger on Jul 24, 2026 at 4:32 PM
SEPTEMBER 8, 2026
BOARD OF BANNOCK-GOUNT Y COMMISSIONERS' - MEETING
Noe
eee At beng
5 *
a
I
!
iP
oa
SEPTEMBER'S, 2026"
a
__.. SERBTEMBER 8, 2026
61 BOARD OF BANNOCK COUNTY COMMISSIONERS' - MEETING SEPTEMBER 8, 2026
62 BOARD OF BANNOCK COUNTY COMMISSIONERS' - MEETING ; SEPTEMBER 8, 2026
2 - BOARD.OF BANNOGEC OUNTE COMMISSIONERS MEETING 5) 6) * =x oe S|. ee Big entonagiec Sie aia ‘ “SEPTEMBER '$; 2026
a < .
64 BOARD OF BANNOCK COUNTY COMMISSIONERS' - MEETING SEPTEMBER 8, 2026
65 Ses Se “=e , : TST aA se C : < ; ; BOARD OF BANNOCK COUNTY COMMISSIONERS' - MEETING SEPTEMBER 8, 2026
66 BOARD OF BANNOCK COUNTY COMMISSIONERS' - MEETING SEPTEMBER 8, 2026
te <a went
F aa, eR “HX
BOARD. @F ie
i -- “ ot oe
r - &
*
Sahicotren
Nay COMM
uN ¢ a .
68 BOARD OF BA a) SIONERS' - MEETING SEPTEMBER 8, 2026
BANNOCK County COMMISSIONERS
G24 Kh, Center, Pocatello, ID 8ya01
Phone: (208) 246-7210 © Fax: (208) 232-7565
Ernie Moser Jerr Houcn — Ken Buttock
Commisstores Coninissioner Caotmissioner
Ist District 2nd District 3rd District
AGENDA REQUEST FORM
The Board of Bannock County Commissioners business meetings are generally held on
Tuesday at 9:00 AM in the Commissioners’ Chambers in the Bannock County Courthouse, 624
E. Center, Room 119 Pocatello, Idaho, or as noticed 48 hours prior to the meeting at
https://www. bannockcounty.gov/commissioners. Agenda times are subject to change within 15
minutes of scheduled time. Any person(s) needing special meeting accommodations should
contact the Commissioner's Office at 208-236-7210, five working days before the meeting.
E-mail this completed form and any supporting documents to agendarequest@bannockcounty.gov
Meeting Date Requested: 09/08/2026
Requestor Name: Dan Kendall Department: Buildings and Grounds
Item to be considered/background:
pegue Rng approval to have Booth Architecture begin designing the new floor plan for the
fe) .
Action Requested: Discussion, Decisior Amount of Time Requested: 10 Minutes
Financial Impact (Total Cost/Funding Source):
Budgeted in Facilities
Does this item involve a contract, agreement, external funding application, or award
acceptance?
No
Has the item been submitted to/reviewed by Legal? Has the item been No]
. Mogi INo |
Has the item been reviewed by Risk Management? reviewed by Auditing?
Are all supporting documents included?
List of additional attendees: Kristi Klauser
Please include any supporting documents with your Agenda Session Request Form.
Commissioner Office Only:
Date: Time:
BANNOCK County COMMISSIONERS
241
Phone: |
69
BOARD OF BANN'
| / + SS aEEEISE EERE,
Pocatello, ID &yu01
® Fax: (2 52-7505 Ist District 2Qud District
AGENDA REQUEST FORM
The Board of Bannock County Commissioners meetings are generally held on Tuesdays and Thursdays at 9:00 AM in the
Commissioners' Chambers in the Bannock County Courthouse, 624 E. Center St. Room 119, Pocatello, Idaho, or as noticed 48
hours prior to the meeting at https://www. bannockcounty.gov/commissioners. Agenda times are subject to change withing 15
minutes of scheduled time. Any person(s) needing special meeting accommodations should contact the Commissioners' Office at
208-236-7210, five working days before the meeting.
Email this completed form and any supporting documents to: agendarequest@bannockcounty.
Meeting Date Requested: 09/08/2026
Requestor Name: Matthew K. Phillips Department: HR & Risk Director
Item to be considered/background:
Requesting signature approval on updated agreement with ISU Career Path Intern (CPI)
program.
Action Requested: Decision Amount of Time Requested: 5 Minutes
Financial Impact (Total Cost/Funding Source):
CPI approved interns are paid by ISU while completing practicum and other experiential
requirements for their program of study while interning at County departments. Typically
no cost unless department arranges to pay higher wage if budget is available.
Does this item involve a contract, agreement, external funding application, or award
acceptance?
Agreement
Has the item been submitted to/reviewed by Legal?
Has the item been reviewed by Risk Management?
Are all supporting documents included?
Has the item been reviewed by Auditing?
List of additional attendees:
Please include any supporting documents with your Agenda Session Request Form.
ISSIONERS' - MEETING SEPTEMBER 8, 2026
Ernie Moser Jerr HoucH — Ken BuLLock
{ ytd ner Commissions Cs
MIMIssiONe
3rd District
Commissioner Office Only:
Date: ib [20 Time:
70
ANN i “Tdaho'State MEETING SEPTEMBER 8, 2026
wie’ University
Career Paih Internship Agreemeni Off-Site Work:
This Career Path Internship Agreement (“Agreement”) between Idaho State University, on behalf of its Career
Path Internship Program, located at 921 S. 8th Ave., Stop 8108, Pocatello, ID 83209 (the "Program") and Bannock
County located at 624 E Center si. rm. 214 (the "Work Site") (each individually, a “Party,” and collectively, the
“Parties”), takes effect on 09/08/2026 (“Effective Date”).
Background
e SU provides opportunities for students to work as interns in positions concomitant with their academic
and professional interests.
e The Career Path Internship Program was developed to enhance student success by giving students
hands-on experience to enhance their job readiness skills.
e Siudents are encouraged to hold off-campus internship positions to gain a paraprofessional experience
that they may not otherwise have.
Agreement
In consideration of the promises and conditions contained herein, and for other valuable consideration, the
receipt and sufficiency of which are acknowledged by ISU and the Work Site, the Parties mutually agree as
follows:
1. Duties and Responsibilities of ISU:
ye
Ld.
1.3.
1.4.
1,5:
1.6.
ISU will organize and coordinate the student internship program, which will provide ISU students
with internship positions with the Work Site.
ISU will certify the academic eligibility of students registering for internship positions. Each
student intern will have the educational background and skills required and will meet
deparimental requiremenis for participation. ISU does not guarantee completion of the internship
by the student intern nor the quality of work of the student intern.
ISU will designate a faculty supervisor for each student intern. The faculty supervisor shall serve
as a liaison to better foster communication, expectations, and cooperative efforts between the
Parties.
ISU is a governmental entity and as such, maintains coverage through the State of
1.4.1. Idaho's Risk Management Division Self-retained Risk Program (see Idaho Tort Claims Act,
§6-901 - §6-929).
ISU represenis that it is an equal opportunity employer and prohibits unlawful discrimination,
harassment, and retaliation.
The Program will provide Workers Compensation coverage for and be responsible for injuries or
illness timely reported by Students that are incurred in the course of their authorized
assignmeni(s) at the Facility, except for instances when the Student is employed by the Facility
during their practicum assignment and then the obligation for Worker's Compensation coverage
will be the responsibility of the Facility.
71
1.7.
; xc - K “Tdaho'State - MEETING SEPTEMBER 8, 2026
w=i= University
ISU agrees to be responsible and assume liability for its own wrongful or negligent acts or
omissions, or those of its officers, agents or employees to the full extent required by law. ISU
agrees to maintain reasonable coverage for such liabilities either through commercial insurance
or a reasonable self-insurance mechanism, and the nature of such insurance coverage or self-
insurance mechanism will be reasonably provided to the other party upon request.
2. Duties and Responsibilities of the Work Site:
Pali
Zee
2.3.
2.4.
2.5.
2.6.
Dit.
Work Site agrees to prepare a position description that specifies the duties and responsibilities
of the position so that ISU can determine the suitability of the students to the position and to
determine the suitability of the internship for academic credit.
Work Site agrees to provide each student intern workspace and resources sufficient for the
student intern to complete all internship assignments. Work Site shall give each student intern
an opporiunity to perform a variety of tasks within the position description in order for the student
intern to acquire and practice various skills.
Work Site agrees to provide all necessary work orientation, training, supervision, and evaluations.
Work Site will provide a safe work environment and adhere to all applicable laws and regulations.
Work Site agrees to be responsible and assume liability for its own wrongful or negligent acts or
omissions, or those of its officers, agents or employees to the full extent required by law. Work
Site agrees to maintain reasonable coverage for such liabilities either through commercial
insurance or a reasonable self-insurance mechanism, and the nature of such insurance coverage
or self-insurance mechanism will be reasonably provided to the other party upon request.
Work Site agrees to keep an accurate account of each hour that a student has worked and provide
such records upon ISU’s request.
Work Site agrees to designate an individual who will serve as the liaison with ISU and each
student intern.
Work Site represents that it is an equal opporiunity employer and prohibits unlawful
discrimination, harassmeni, and retaliation.
3. General Terms and Condiiions:
Dele
a2:
3.3.
Either Parity can terminate this Agreement by giving thirty (30) days’ notice in writing. Should the
Work Site wish to terminate this Agreement prior to the completion of the semester term, any
student intern(s) shall have the opportunity to complete their internship.
Either Party can require the withdrawal or dismissal of any student intern if his/her performance
record or conduct does not justify continuance.
Any notice required or permitted to be given under this Agreement is sufficient if made in writing
and sent by first class mail, postage prepaid, to the address of the other party as set forth below
or other address that the parties may later designate in writing.
Idaho State University Contact Name: Matthew K. Phillips
Program Noiification Address: Facility Notification Address:
General Counsel Coniact Title: HR & Risk Director
921 S. 8" Ave., Stop 8410 Sireet Address: 624 E. Center, Room 214
Pocatello, ID 83209-8410 City/Town: Pocatello, ID 83201
72
3.4,
3.5.
3.6.
3.7.
3.8.
: o K “Tdaho'statée MEETING SEPTEMBER 8, 2026
wie’ University
BOARD OF BAIN
The laws of the State of Idaho will govern the
validity of this agreement and its interpretation and performance. Any litigation arising in any way
from this Agreement shall be brought in Bannock County.
Neither Party shall assign or subcontract any portion of its rights or obligations under this
Agreement without the prior written consent of the other Party, which consent may be withheld
for any reason or no reason at all.
The failure by any Party to insist upon the sirict performance of any term or condition of this
Agreement, or to exercise any rights or remedy consequent upon a breach thereof, shall not
constitute a waiver of any such breach or of such, or any other, term or condition. No waiver shall
affect or alter the remainder of this Agreement, but each and every other term and condition
hereof shall continue in full force and effect with respect to any other then existing or
subsequenily occurring breach.
Each Party is an independent party and shall not be considered, nor represent itself as, a joint
venture, partner, or agent of the other Party. This Agreement shall not create any rights in or inure
to the benefit of any third-parties other than the student interns.
This Agreement supersedes any other documeni, or other oral or written understanding that the
Parties may have negotiated. This Agreement may only be modified by a writing signed by both
Parties.
To express the parties’ intent to be bound by the terms of this Agreement they have executed this document on
the dates set forth below.
Signed:
Career Path Internship Program Facility:
IDAHO STATE UNIVERSITY Bannock County
By:____ 4 et By;
Dr. Craig M. Chatriand
VP for Student Affairs Printed Name: Jeff Hough
Date:
Title: Commission Chair
ee Date: Asia.
Agreement invalid unless signed by all required parties
73 BOARD OF BA SIONERS' - MEETING SEPTEMBER 8, 2026
Ernie Moser Jerr Houcn — Ken BuLiock
Commissioner Commissioner CloOmmsshorer
Ist District 2nd District 3rd District
BANNOCK County COMMISSIONERS
iy Fh, Center, Poeatella, ID 8201
Phone: (208 G-7210 © Fax: (208) 232-7565
AGENDA REQUEST FORM
The Board of Bannock County Commissioners business meetings are generally held on
Tuesday at 9:00 AM in the Commissioners’ Chambers in the Bannock County Courthouse, 624
E. Center, Room 119 Pocatello, Idaho, or as noticed 48 hours prior to the meeting at
https://www. bannockcounty.gov/commissioners. Agenda times are subject to change within 15
minutes of scheduled time. Any person(s) needing special meeting accommodations should
contact the Commissioner's Office at 208-236-7210, five working days before the meeting.
E-mail this completed form and any supporting documents to agendarequest@bannockcounty.gov
Meeting Date Requested: 09/08/2026
Requestor Name: Kristi Klauser Department: Auditing
Item to be considered/background:
signature on Tyler Asset Management quote so we can ace scheduled next month for
implementation. This system is approved as part of the FY27 budget.
Action Requested: Signature Only Amount of Time Requested: N/A
Financial Impact (Total Cost/Funding Source):
Was approved in the FY27 budget.
Does this item involve a contract, agreement, external funding application, or award
acceptance?
Has the item been submitted to/reviewed by Legal? [__|_ Has the item been cy
Has the item been reviewed by Risk Management? [ _| reviewed by Auditing?
Are all supporting documents included?
List of additional attendees:
Please include any supporting documents with your Agenda Session Request Form.
Commissioner Office Only:
Date: a § | LW Time:
74 BOARD OF BA MMISSIONERS' - MEETING SEPTEMBER 8, 2026
Ernie Moser Jerr HouGH — Ken BuLLock
Caommisstonet Coommnissione Come
Ist District 2nd District 3rd District
BANNOCK County COMMISSIONERS
tit { if Pocatelle 1D) S yuu
Phone: (208 §-y210 © Fax: (208
AGENDA REQUEST FORM
The Board of Bannock County Commissioners business meetings are generally held on
Tuesday at 9:00 AM in the Commissioners’ Chambers in the Bannock County Courthouse, 624
E. Center, Room 119 Pocatello, Idaho, or as noticed 48 hours prior to the meeting at
https://www. bannockcounty.gov/commissioners. Agenda times are subject to change within 15
minutes of scheduled time. Any person(s) needing special meeting accommodations should
contact the Commissioner's Office at 208-236-7210, five working days before the meeting.
E-mail this completed form and any supporting documents to agendarequest@bannockcounty.gov
Meeting Date Requested: 09/08/2026
Requestor Name: Kristi Klauser Department: Auditing
Item to be considered/background:
Request to open the budget for FY26 for health insurance.
Action Requested: Decision Amount of Time Requested: N/A
Financial Impact (Total Cost/Funding Source):
will increase budget capacity for health insurance if approved
Does this item involve a contract, agreement, external funding application, or award
acceptance?
: No
Has the item been submitted to/reviewed by Legal? [____|_ Has the item been a
Has the item been reviewed by Risk Management? [| reviewed by Auditing?
Are all supporting documents included?
List of additional attendees:
Please include any supporting documents with your Agenda Session Request Form.
Commissioner Office Only:
Date: Time:
75
BOARD OF BANNOCK COUNTY COMMISSIONERS' - MEETING SEPTEMBER 8, 2026
Bannock County Memo
To: Bannock County Commissioners
From: Kristi Klauser, Comptroller
Date: September 2, 2026
Subject: Open budget for unanticipated revenues
The County has received unanticipated revenues where there is a need to open the budget to
expend these dollars. It is requested that the following revenue budgets be opened to accept
these dollars and expend them from the appropriate expenditure lines.
The Health Insurance fund has received revenues in excess of budget. It is requested to use
these dollars to cover costs that have exceeded expenditure budget. Monies will be used as
follows: .
32910819-48700 Health Insurance $1,195,403
32910819~-37544 Health ins reimb $53,571
32910819-37547 Health ins reimb $1,086,087
32910819-37548 Health ins reimb $ 55,745
Thank you for your consideration in this matter.
76 BOARD OF BANNOCK COUNTY COMMISSIONERS' - MEETING SEPTEMBER 8, 2026
In the Matter of APPROVING ) R.S. No. 2026-60
AUGUST 2026 SALARIES ) September 8, 2026
RESOLUTION
WHEREAS, salary approval forms, for the month of August 2026, have been submitted
for approval by the Board of County Commissioners;
NOW, THEREFORE, BE IT RESOLVED that the following salaries are approved by the
Board:
Date Name — Position Effective Date
Approved | Department — Reason for Change & Salar
Kathy Cook — Accountant & Payroll Specialist 08/24/2026
Auditing — Replacing David Hadle $29.53/hour
| Mya Mitton — Treatment Counselor 08/17/2026
D6 Treatment — Replacing Tiffany Campbell $25.78/hour
Tressa Hall — Classification/Booking Deputy 08/17/2026
Jail — Replacing Elizama Laris $18.47/hour
Juvenile Justice — Internship Unpaid
Juvenile Justice/The Village — Internship Unpaid
08/20/2026 | Terry Udy -- Equipment Operator 2 08/3 1/2026
Road & Bridge — Replacing J Wilson $22.35/hour
BOARD OF BANNOCK COUNTY COMMISSIONERS
Jeff Hough, Chair
Ernie Moser, Member
Ken Bullock, Member
ATTEST:
Jason C, Dixon, Clerk
77 BOARD OF BANNOCK COUNTY COMMISSIONERS' - MEETING SEPTEMBER 8, 2026
In the Matter of APPROVING ) R.S. No. 2026-61
AUGUST 2026 ALCOHOL LICENSES ») September 8, 2026
RESOLUTION
WHEREAS, in the month of August 2026, the following applied for the following licenses and
have been issued permits by the District Health Department and do not have any disqualifications;
NOW, THEREFORE, BE IT RESOLVED that the following applications for licenses/permits be
approved.
DATE OWNER/
APPROVED | LIC # TOTAL | APPLICANT DBA/Event
08/04/2026 | ACP2026-015 | $20.00 Wedding
Po ABT2026-013 $20.00 Summit Idaho Retail Peak Stop #1002
P| ABT2026-012 $20.00 | Summit Idaho Retail Peak Stop #1007
PF ABT2026-011 $20.00 | Summit Idaho Retail Peak Stop #1004
08/11/2026 | acp2026-016 | $20.00 | Sand Trap Grill
08/13/2026 | api.2026-005 | $200.00
08/20/2026 | aBr.2026-006 | $287.50 | Carson Corner LLC
08/25/2026 | aproo26-014 | $20.00 Nels Bi-Lo Market
| | apr2026-008 | $175.00
JB5 Ventures Loading Pen Saloon
ABL2026-007 | $287.50 | Inntrusted Courtyard by Marriott
BOARD OF BANNOCK COUNTY COMMISSIONERS
Jeff Hough, Chair
Ernie Moser, Member
Ken Bullock, Member
ATTEST:
Jason C. Dixon, Clerk
78 BOARD OF BANNOCK COUNTY COMMISSIONERS' - MEETING SEPTEMBER 8, 2026
In the Matter of ESTABLISHING ) R.S, No. 2026-62
MILEAGE ALLOWANCE RATES, AND) September 8, 2026
JURY AND WITNESS PER DIEM RATES )
RESOLUTION
WHEREAS, the cost of operating a motor vehicle has increased since the existing
mileage allowance was established and other rates paid out need to be memorialized by
resolution; and
WHEREAS, Idaho Code §31-3101 provides, “When any such officer or deputy shall use
his private car as a means of travel in the performance of his official duty the actual and
necessary expense of the use of such car shall be determined by the county commissioners of
each county and allowance made therefor at a rate for each mile driven shall be applied
uniformly to each officer or deputy in that county and such allowance shall be the full amount
allowable for travel expense when such car is used;” and
WHEREAS, Idaho Code §2-215 states: “A juror shall be paid mileage for his travel
expenses from his residence to the place of holding court and return at the same rate per mile as
established by resolution of the county commissioners for county employees in the county where
the juror resides...;” and
WHEREAS, Idaho Code §19-3945 provides, “Jurors in a coroner’s inquest are entitled to
the mileage and per diem payments as provided for jurors in section 2-215, Idaho Code;” and
WHEREAS, pursuant to Idaho Code §2-215, jurors shall be compensated: 1) Five
dollars ($5.00), or a rate of more than five dollars ($5.00) up to twenty-five dollars ($25.00) as
determined by the county commissioners of the county where the juror resides, for each one-half
(1/2) day, or portion thereof, unless the juror travels more than thirty (30) miles from his
residence, in which event he shall receive ten dollars ($10.00), or a rate of more than ten dollars
($10.00) up to fifty dollars ($50.00) as determined by the county commissioners of the county
where the juror resides, for each one-half (1/2) day or portion thereof; (2) Ten dollars ($10.00),
or a rate of more than ten dollars ($10.00) up to fifty dollars ($50.00) as determined by the
county commissioners 1n the county where the juror resides, for each day’s required attendance
at court of more than one-half (1/2) day; (3) Fifty dollars ($50.00) for each day’s required
attendance at court that exceeds five (5) days for one (1) trial; and
WHEREAS, witness mileage and per diem rates are addressed in Idaho Code §§19-3945
and 19-3008, with such mileage rate to be “the same rate per mile as the state of Idaho pays for
state employees pursuant to section 67-2008,” and a per diem rate of $8 per day for each day’s
actual attendance as such witness; and
WHEREAS, during the FY27 budget discussions, it was determined that the mileage
reimbursement rate for employees shall be set at $0.55 per mile, which said rate would extend to
jurors; and
79 BOARD OF BANNOCK COUNTY COMMISSIONERS' - MEETING SEPTEMBER 8, 2026
R.S. No. 2026-62
Page 2
WHEREAS, Bannock County pays per diem rates to jurors in the amount of $5 per half
day or $10 per full day.
NOW, THEREFORE, BE IT RESOLVED that the mileage reimbursement rate for
Bannock County employees and jurors shall be set at $0.55 per mile; that the mileage rate for
witness shall be paid at the then current rate the state of Idaho pays for state employees, currently
$0.75 per mile; that the per diem rate for witnesses shall be paid at the then current rate in Idaho
Code, currently $8 per day; and that the per diem rate for jurors shall be paid at $5 per half day
or portion of half day and $10 per full day or more than one-half day, with said rates effective
October 1, 2026.
BOARD OF BANNOCK COUNTY COMMISSIONERS
Jeff Hough, Chair
Ernie Moser, Member
Ken Bullock, Member
ATTEST:
Jason C. Dixon, Clerk
80 BOARD OF BANNOCK COUNTY COMMISSIONERS' - MEETING SEPTEMBER 8, 2026
PUBLIC HEARING NOTICE — REOPEN BUDGET FOR UNANTICIPATED REVENUE
NOTICE IS HEREBY GIVEN THAT THE BANNOCK COUNTY BOARD OF
COMMISSIONERS will conduct a public hearing on Tuesday, September 29, 2026, at 11:00
a.m. in the Bannock County Courthouse, Room 119, Pocatello, Idaho.
TOPIC OF THE MEETING IS to reopen the Fiscal Year 2026 budget to reflect the receipt of
unanticipated monies and allocation of such as follows:
The Health Insurance fund has received revenues in excess of budget. It is requested to use
these dollars to cover costs that have exceeded expenditure budget. Monies will be used as
follows:
32910819-48700 Health Insurance $1,195,403
32910819-37544 Health ins reimb $53,571
32910819-37547 Health ins reimb $1,086,087
32910819-37548 Health ins reimb $ 55,745
Oral and/or written comments concerning this issue will be taken at the public hearing. Written
comments may be submitted to the Commissioners’ office or emailed to
commission@bannockcounty.gov prior to the meeting.
If any person requires special assistance or accommodation to participate in this hearing, please
call (208) 236-7210 to make necessary arrangements prior to the public hearing.
BOARD OF BANNOCK COUNTY COMMISSIONERS
Jeff Hough, Chair
Ernie Moser, Member
Ken Bullock, Member
ATTEST:
Jason C. Dixon, Clerk
Publish: September 12, 2026
81 BOARD OF BANNOCK COUNTY COMMISSIONERS' - MEETING SEPTEMBER 8, 2026
BOARD OF BANNOCK COUNTY COMMISSIONERS’ PROCEEDINGS — August 2026
The following is a synopsis of proceedings, pursuant to Idaho Code §31-819, of the Board of Bannock
County Commissioners for August 2026, to wit, of which a complete set of minutes is on file at the
Bannock County Clerk’s Office, Pocatello, Idaho, or can be found online at www.bannockcounty.gov.
Aug 3: FY27 budget discussion,
Aug 4: Waterways funds approved for Lava Hot Springs Foundation projects. Fee waivers were
approved for Harvest Lantern Festival, KIND Week Family Fun Run, and Idaho Food Bank
Thanksgiving Distribution. Donation of compost to Women’s Prison was approved. Food truck
vendors were authorized for the Veterans Services event. Fee waiver approved for building
permit fees for Pocatello Valley Fire Protection District. Resolution No. 2026-50 Releasing
Interest in the Construction Bond for the Ellis Estates Subdivision was passed. Amendment to
surveyor agreement for cemetery plots was approved. Quarterly unemployment payment was
approved. Publication of public hearing notice regarding fee was approved. FY26 Forest Service
Cooperative Law Enforcement Annual Operating and Financial Plan was approved. Items on the
consent agenda were approved. FY27 Commission proposed budget was approved for
publication and public hearing.
Aug 6: Fee reduction request for biosolid waste at the Landfill was denied. Amended agenda was
approved. Benefit option to offer BPA to part time/seasonal was tabled; and offering 529 college
savings account was approved. Refund request for insurance for cancelled event was approved.
Following executive session regarding property, authorization was given to the Clerk to order a
commercial appraisal and the Maintenance Director to estimate utility installation costs. Items on
the claims agenda were approved. Architectural design services RFQ bid opening received six
submissions from Booth Architecture, Cushing Terrell, EDA, FFKR Architects, Hummel
Architects, and JHS Architects P.A.
Aug 11: Following executive session to consider records exempt from public disclosure, the
entire balance of $159,148.05 was forgiven for case numbers 20170178 and 20170193.
Applications for cremation assistance for case numbers 20260028 and 20260029 were approved.
Acting as the Ambulance District Board, deceased patient accounts were approved to be written
off, and a contract for two new ambulances was approved. Special event insurance policy for a
concert was ratified. Affiliation Agreement with Idaho State University for the Community
Health Worker Training Program was approved. Items on the consent agenda were approved.
Aug 13: Amended agenda was approved. Parade permit application was approved and
authorization given to obtain certificate of insurance. Documents for ICJR grant application were
approved. Edward Byrne Justice Assistance Grant award approved for acceptance online. Title
for vehicle previously approved for disposal was approved for signature and items on the claims
agenda were signed. Executive session was held for discussion on real property interests.
Aug 18: Fee waiver and use of amphitheater for high school graduations were approved; and fee
waiver was approved for Pocatello Veterans Adaptive Recreation Clinic with sponsorship
recognition. Lease agreements with Dex Imaging were approved. Resolution Nos. 2026-51
Approving July 2026 Salaries; 2026-52 Approving July 2026 Alcohol Licenses; and 2026-53
Authorization to Dispose Surplus Assets/Property were passed. Publication of Commissioner
proceedings and items on the consent agenda were approved.
82 BOARD OF BANNOCK COUNTY COMMISSIONERS' - MEETING SEPTEMBER 8, 2026
Page 2
Aug 20: Moving forward with a rezone application was approved. Cancellation of late fees and
interest was approved. Letters and certifications were approved for the ICJR grant submission.
Fee waivers were granted for bleacher use at Marsh Valley football games and a live nativity
scene in Arimo. Contract negotiations were approved to begin with Booth Architecture,
Additional funds were approved for the scraper rebuild. Easement agreement was approved.
Road improvement easement agreement was approved for a turnaround in Meadow Ridge Ranch
Subdivision. Addendum to Recdesk contract was approved to sign electronically. Items on the
claims agenda were approved.
Aug 25: Amended agenda was accepted. Settlement offer for case number 20190340 was
accepted following an executive session and an application for cremation assistance for case
number 20260030 was approved. Installation of concrete pads near YDC for a greenhouse and.
gazebo was approved. Grant applications and electronic signature for Pathway to Success and
Thrive Initiative were approved. Adult Probation approved to reimburse Sheriff’s Office for
metal detector. Lease agreement with SICOG was approved. Following executive session, it was
approved to authorize the Clerk to put in an offer on real property. Resolution No. 2026-54
Approving Cancellation Requests was passed. Annual Agreement to Provide Law Enforcement
Protection for S.I.Y.F.L. and Professional Services Agreement for cities in South County were
approved. Items on the consent agenda were approved. Following the public hearing, the FY27
budget of $111,283,260 and utilizing 1% of forgone property tax dollars for the Ambulance
District in the amount of $24,090 were approved. Following the public hearing, fee changes for
FY27 were approved.
Aug 27: Updates were given on the status of the new combined ordinances; final plat for Deeter
Ridge Estates Subdivision was approved; and Resolution No. 2026-55 Releasing Interest in the
Construction/Surveyor Bonds for the Westfield Estates Subdivision Phase 6 was passed. ISU
Work Study agreement was authorized for electronic signature by HR for HR intern.
Authorization was given to invoice McCammon $4,000 for remodel of dorm bays at fire station.
Following executive session regarding acquiring an interest in real property, authorization was
given to issue a manual check for $5,000 for earnest money, and for the Chair to sign all
associated documents for the purchase and closing for the property. Items on the claims agenda
were approved.
BOARD OF BANNOCK COUNTY COMMISSIONERS
Jeff Hough, Chair
Ernie Moser, Member
Ken Bullock, Member
Attest:
Jason C. Dixon, Clerk
Published: 09/12/2026
83 BOARD OF BANNOCK COUNTY COMMISSIONERS' - MEETING SEPTEMBER 8, 2026
BOARD OF BANNOCK COUNTY COMMISSIONERS
MINUTES CERTIFICATION
We, the Board of Bannock County Commissioners, hereby certify approval of the minutes of the Bannock
County Commissioners’ meetings inclusive of the date(s) of August 27, September 1, and 3, 2026, as
approved during the meeting of September 8, 2026.
BOARD OF BANNOCK COUNTY COMMISSIONERS
Jeff Hough, Chair
Ernie Moser, Member
Ken Bullock, Member
ATTEST:
Jason C. Dixon, Clerk
84 BOARD OF BANNOCK COUNTY COMMISSIONERS' - MEETING SEPTEMBER 8, 2026
MINUTES OF THE BOARD OF
BANNOCK COUNTY COMMISSIONERS
| AbsentBoardMembers: [0
Deputy Clerk Shantal Laulu, Comptroller Kristi Klauser, HR Director
Matthew Phillips, and Civil Deputy Prosecutor Sean Bowen
Work Session and Claims Meeting (action items)
Agenda:
Hal Jensen, Planning and Development, providing a monthly Planning and Development update
(requested 10 minutes) (potential action item)
Alisse Foster, Planning and Development, requesting (1) review for approval on Deeter Ridge
Estates Subdivision, and (2) review, approval, and potential signature on a bond refund for
completed construction and surveyor monument placement for Westfield Estates Division 6;
includes signature on Resolution No. 2026-55 Releasing Interest in the Construction/Surveyor
Bonds for the Westfield Estates Subdivision Phase 6 (requested 10 minutes) (action item)
Matthew K. Phillips, Human Resources, seeking authorization to sign agreement through
Docusign for ISU Work Study agreement to facilitate an HR intern (requested 5 minutes) (action
Kristi Klauser, Auditing, review final hard cost for the Ambulance Bay remodel at the
McCammon fire station to determine how much to bill the City of McCammon (requested 10
minutes) (action item)
(AMENDED to include) Executive Session under Idaho Code §74-206(1)(c) to acquire an
interest in real property not owned by a public agency with potential action following
adjournment of Executive Session (requested 10 minutes) (action item
Claims Agenda:
Board of Ambulance District: Invoices and Commissioner Report
Board of Commissioners: Invoices, Commissioners Reports, and Credit Applications
Personnel Actions with potential Executive Session under Idaho Code §§74-206(1)(a), (b) & (d)
for personnel actions or personnel records exempt from disclosure with potential action following
adjournment of Executive Session
Payroll Report
Alcohol Licenses and Permits
Certificate of Residency Approval
Mileage Reimbursement Requests
Technology Request Form
Memorandum Authorization for Accounts Payable
Cardholder User Agreement and Authorization
DRAFT August 27, 2026, BOCC Minutes
85
BOARD OF BANNOCK COUNTY COMMISSIONERS' - MEETING SEPTEMBER 8, 2026
9:01 AM Hough called the meeting to order. Bullock moved to accept the amended agenda. The motion
passed.
Assistant Planning Director Tristan Bourquin also appeared. Jensen explained the final edits on the
combined land use ordinance are being made and schedules are being looked at for public hearings.
Discussion ensued on a new subdivision near Chubbuck. Subdivision Planner Alisse Foster appeared and
explained the plan for the subdivision regarding sewer and water.
9:08 AM Foster requested approval of the Deeter Ridge final plat. Moser moved to approve the plat.
Discussion ensued on releasing the construction bonds. Moser amended the motion to approve Resolution
2026-55. Discussion ensued on separating motions. The motion died. Moser moved to accept the plat and
moved to approve Resolution 2026-55. The motions passed.
9:13 AM Phillips reviewed the request to electronically sign an agreement for an ISU work study intern
for HR this fall. Bullock moved to approve the agreement. Questions were addressed regarding the work.
The motion passed.
9:16 AM Klauser explained the bills for the remodel of the McCammon Fire Station and reviewed options
to split the total. The total does not include labor costs. Bullock moved, based on agreement in a previous
meeting and the amount of donated labor from County staff and the fire department/ambulance district
staff, to invoice the City of McCammon for $4,000 for their share. The motion passed.
9:18 AM Hough moved to enter into executive session under Idaho Code §74-206(1)(c) to acquire an
interest in real property. The motion passed by roll call vote. 9:25 AM Hough moved to exit executive
session. The motion passed. Bullock moved to authorize the Comptroller to issue a $5,000 check for
earnest money, to be ratified next week by resolution, for closing by September 28, and that the Chair
sign the purchase and sale agreement and all associated documents. The motion passed with Hough and
Bullock voting for. Moser opposed.
9:18 AM Moser moved to approve the items on the claims agenda. The motion passed.
| SSSCSCACTION/DIRECTION, = —Cs—C‘LCSCCASSIGNEDTO_—i
Updates were given on the status of the new combined ordinances; final
plat for Deeter Ridge Estates Subdivision was approved; and Resolution
No. 2026-55 Releasing Interest in the Construction/Surveyor Bonds for the
Westfield Estates Subdivision Phase 6 was passed.
ISU Work Study agreement was authorized for electronic signature by HR [om]
for HR intern.
Authorization was given to invoice McCammon $4,000 for remodel of
dorm bays at fire station. Auditing
Following executive session regarding acquiring an interest in real
property, authorization was given to issue a manual check for $5,000 for Clerk/Auditing/
earnest money, and for the Chair to sign all associated documents for the Commission/Resolution
purchase and closing for the prope
Items on the claims agenda were approved. Clerk/Auditing/Resolution
DRAFT August 27, 2026, BOCC Minutes
86 BOARD OF BANNOCK COUNTY COMMISSIONERS' - MEETING SEPTEMBER 8, 2026
MINUTES OF THE BOARD OF
BANNOCK COUNTY COMMISSIONERS
Deputy Clerk Nancy Allen, Comptroller Kristi Klauser, HR Director
Matthew Phillips, Chief Deputy Prosecutor Jonathan Radford, and Civil
Deputy Prosecutor Sean Bowen
Business Meeting (action items)
Agenda:
e Indigent Business may require an Executive Session pursuant to Idaho Code §74-206(1)(d) to
consider records exempt from public disclosure (action item
BOARD OF AMBULANCE DISTRICT
e Shane Grow, Chief — Pocatello Fire Department, regarding (1) the Bannock County Ambulance
District Quarterly Report and Future Ambulance Placements, and (2) approval of and signature on
Independent Contractor Agreement for Emergency Medical Services Medical Director (requested
BOARD OF COUNTY COMMISSIONERS
e Evie McCurry, Adult Probation, seeking approval to add two offices in the open reception area
(requested 15 minutes) (action item)
Shanda Crystal, Procurement, regarding
he Pequie a () 4 ian la ene
signature on a request to notice a Sole Source purchase for a Posi Shell PSA 1000 for the Landfill
e Kristi Klauser, Auditing, requesting signature on the 2026 L2s (signature only)
e Jonathan Radford, Prosecutor’s Office, requesting an Executive Session under Idaho Code § 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 with potential action following adjournment of Executive
Session (requested 10 minutes) (action item)
RESOLUTIONS AND ORDINANCES (action items):
Resolution 2026-56 Approving FY 2027 Budget
Resolution 2026-57 Recovering Forgone for FY 2027 — Ambulance District
Resolution 2026-58 Adopting Fees and Fee Changes FY 27
CONSENT AGENDA (action items):
e Manual Checks
e Alcohol Licenses and Catering Permits
e Certificate of Residency Approval
e Personnel Actions with potential Executive Session under Idaho Code §§ 74-206(1)(a).(b)&(d) for
personnel actions or personnel records exempt from disclosure with potential action following
adjournment of Executive Session
DRAFT September 1, 2026, BOCC Minutes
87
BOARD OF BANNOCK COUNTY COMMISSIONERS’ - MEETING SEPTEMBER 8, 2026
e Mileage and Travel Approvals
9:01 AM Hough called the meeting to order. There were no indigent cases for consideration.
9:01 AM Bullock moved to enter into the Ambulance District Board. The motion passed. Executive
Assistant Autumn Baker also appeared. Grow requested approval for the Chair to sign a contract with an
ER doctor after the doctor’s signature obtained. Discussion ensued on meeting the contractor. Bullock
moved to authorize signature upon receipt of the doctor’s signature. The motion passed.
9:05 AM Grow reviewed a presentation to request a levy adjustment. The cities are growing and call
volume is up 82% since 2011. Baker noted the levy rate in the presentation is incorrect. The proposed
increase would help fund placing a dedicated ambulance in Chubbuck, help fund the EMS 911 dispatch
center, staff the new Chubbuck location, finish filling staffing at McCammon. Subjects reviewed included
call volume, growth in the north zone, response times by zone, service in south county, costs of running
an ambulance with capital and operating. A levy override was done in 2011, but now we are experiencing
more calls. The requested levy is .0004 with a financial impact to taxpayers of an additional $12-13 per
year, going from $27.20 to approximately $40 per $100,000 of taxable value. Discussion ensued on the
implementation timeline, long term stability, risks of deferring the plan, costs of doing nothing with the
increased growth, and call concurrency. Discussion was had on items the Board would like more
information and will be gathered and brought back to make a decision before the May election.
9:39 AM Klauser suggested including educational information and costs.
9:40 AM Hough moved to exit the Board of Ambulance. The motion passed.
9:40 AM Adult Probation Officer Doug Cone and Facilities Director Daniel Kendall appeared. The
request to build and move offices was reviewed with an estimate of $4,650. Bullock moved to approve the
plan and expenditure. The motion passed.
9:44 AM Crystal reviewed the request for a sole source purchase and requested to publish the intent for a
declaration. Bullock moved to go forward with publication. The motion passed.
9:50 AM Klauser submitted the L2s for signature. Bullock moved to authorize the chair to sign. The
motion passed.
9:51 AM Hough moved to enter into executive session under Idaho Code § 74-206(1)(f) to communicate
with legal counsel. The motion passed by roll call vote.
9:57 AM Hough moved to exit executive session. The motion passed. Bullock moved to authorize the
potential litigation discussed in executive session. The motion passed.
9:57 AM Adjourned.
9:50 AM Hough moved to approve Resolution Nos. 2026-56, 57, and 58. The motion passed.
9:51 AM Bullock moved to approve the items on the consent agenda. The motion passed.
ACTION/DIRECTION | ASSIGNEDTO
Independent Contractor Agreement for Emergency Medical Services
Medical Director was approved for the Chair’s signature upon receipt; and
more information will be gathered regarding the levy override discussion. Ambulance
Building two Adult Probation office spaces was approved. Adult Probation/Facilities
DRAFT September 1, 2026, BOCC Minutes
88 BOARD OF BANNOCK COUNTY COMMISSIONERS' - MEETING SEPTEMBER 8, 2026
Publication of notice of a sole source procurement for a Pose Shell PSA
1000 was approved. Procurement
2026 L2s were approved. Auditing
Following executive session, authorization was gi ation. Prosecutor
Resolution Nos. 2026-56 Approving FY 2027 Budget; 2026-57
Recovering Forgone for FY 2027 — Ambulance District; and 2026-58 Clerk
Adopting Fees and Fee Changes FY 27 were passed.
Items on the consent agenda were approved. Auditing/Clerk/Resolution
DRAFT September 1, 2026, BOCC Minutes
89 BOARD OF BANNOCK COUNTY COMMISSIONERS' - MEETING SEPTEMBER 8, 2026
MINUTES OF THE BOARD OF
BANNOCK COUNTY COMMISSIONERS
Thursday, September 3. 2026
Jeff Hough and Ken Bullock
Clerk of the Board:
Absent Board Members:
. Deputy Clerk Nancy Allen, Comptroller Kristi Klauser, and Civil Deputy
Sn cE Prosecutor Sean Bowen
Work Session and Claims Meeting (action items)
Work Session Agenda:
1 e Signature on Resolution No. 2026-59 Approving Claim for Payment by Manual Check (action
item)
2 | Claims Agenda:
Board of Ambulance District: Invoices and Commissioner Report
Board of Commissioners: Invoices, Commissioners Reports, and Credit Applications
Personnel Actions with potential Executive Session under Idaho Code §§ 74-206(1)(a).(b)&(d) for
personnel actions or personnel records exempt from disclosure with potential action following
adjournment of Executive Session
Payroll Report
Alcohol Licenses and Permits
Certificate of Residency Approval
Mileage Reimbursement Requests
Technology Request Form
Memorandum Authorization for Accounts Payable
Cardholder User Agreement and Authorization
1 9:01 AM Hough called the meeting to order. Bullock moved to approve Resolution No. 2026-59. The
motion passed.
2 9:01 AM Klauser explained the remodel in Adult Probation was previously approved for the FY27 budget
and the previously approved metal detector from the FY26 budget. However, the metal detector will not
be delivered until October. It was requested to trade the expenditures and complete the remodel in the
FY26 budget. Bullock moved to approve the items on the claims agenda and the requested expenditure
change. The motion passed.
9:03 AM Adjourned.
DRAFT September 3, 2026, BOCC Minutes
BOARD OF BANNOCK COUNTY COMMISSIONERS' - MEETING
Action Item Summary
Resolution No. 2026-59 Approving Claim for Payment by Manual Check
was a roved.
Items on the claims agenda and change to Adult Probation expenditures
were a roved.
SEPTEMBER 8, 2026
Clerk
Auditin Clerk/Resolution
DRAFT September 3, 2026, BOCC Minutes
Text is extracted by machine from the official file linked on each page; the official file is the record. Sentinel Media, LLC.