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March 31, 2026, BOCC Minutes
Meeting Details
Date of Meeting:
Tuesday, March 31, 2026
Commissioners present:
Ernie Moser, Jeff Hough, and Ken Bullock
Clerk of the Board:
Jason C. Dixon
Absent Board Members:
Staff present:
Deputy Clerk Nancy Allen, Comptroller Kristi Klauser, PIO Emma
Iannacone, Attorney Jonathan Radford, Prosecutor Ian Johnson, and HR
Director Matthew Phillips
Agenda Details
AGENDA
Regular Business meeting (action item)
Agenda:
1
•
Indigent Business may require an Executive Session pursuant to Idaho Code §74-206(1)(d) to
consider records exempt from public disclosure (action item)
2
•
Portneuf Soil and Water Conservation District with a request for funds during the 2026 State
Fiscal Year (requested 15 minutes) (action item)
3
•
Scott Crowther, Event Center/Wellness Complex, seeking to discuss purchase of a new tractor for
the Event Center (requested 5 minutes) (action item)
4
•
Tristan Bourquin, Planning and Development, requesting a discussion pertaining to the Landfill
floodplain project with possible Executive Session under Idaho Code §74-206 (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 15 minutes) (action item)
5
•
Executive Session under Idaho Code §74-206(1)(a) & (b) regarding personnel with potential
action following Executive Session (requested 15 minutes) (action item)
6
RESOLUTIONS AND ORDINANCES (action items):
Resolution No. 2026-19 Vacating Easement in the Chilton Subdivision
7
CONSENT AGENDA (action items):
•
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 March 19, 24, and 26,
2026
8
Discussion pertaining to delinquent property taxes with possible Executive Session under Idaho Code §74-
206(1)(d) to consider records that are exempt from disclosure as provided in chapter 1, title 74, Idaho
Code with potential action following adjournment of Executive Session (action item)
9
Annual Joint Meeting with the Commissioners and the Planning Council
MINUTES OF THE BOARD OF
BANNOCK COUNTY COMMISSIONERS
M
March 31, 2026, BOCC Minutes
Meeting Notes
1
9:00 AM Hough called the meeting to order. Hough noted there was one release of lien for case number
20120147. Hough moved to approve the release of lien. The motion passed.
2
9:01 AM Kevin Koester and Charity Staggs appeared on behalf of Portneuf Soil and Water Conservation
District for an annual report and funding request. Koester reported on projects and discussion ensued on
the budget request. Bullock moved to authorize the expenditure. The motion passed.
3
9:11 AM Crowther followed up from a previous discussion regarding purchasing a tractor. A quote was
reviewed for $123,900. The purchase will be under a piggyback contract. Moser moved to approve the
purchase of the tractor. Hough suggested a friendly amendment to include using funds from PILT. The
motion passed. Moser moved to allow the Chair to sign the invoice when it comes. The motion passed.
4
9:17 AM Landfill Manager Dillon Evans, Procurement Officer Shanda Crystal, and Planning Director Hal
Jensen also appeared. Bourquin recalled a meeting last July with the State flood plain coordinator.
9:17 AM Moser moved to enter into executive session under Idaho Code §74-206(f) to communicate with
legal counsel. The motion passed by roll call vote.
9:48 AM Hough moved to exit executive session and enter into the next executive session under Idaho
Code §§74-206(1)(a) and (b) regarding personnel. The motion passed by roll call vote.
5
10:53 AM Hough moved to exit executive session. The motion passed. A small recess was taken.
10:55 AM Bullock moved to restructure staff by moving Alex Hauser, Fairgrounds Maintenance, under
Dan Kendall, Facilities Maintenance. The motion passed. Moser moved to post the Emergency Manager
position. The motion passed.
6
10:56 AM Moser moved to approve Resolution 2026-19. The motion passed.
7
10:56 AM Bullock moved to approve the items on the consent agenda. The motion passed.
Moser exited.
8
2:58 PM Treasurer Jennifer Clerk, Chief Deputy Treasurer Misty Katsilometes, Management Assistant
Kristi Davenport, Assessor Anita Hymas, Chief Deputy Assessor Randy Hobson, Deputy Treasurer Lori
Christensen, and Susan Clay.
Clay explained circumstances she and her husband are experiencing.
3:01 PM Katsilometes asked questions to determine eligibility for the PTR program. Katsilometes
explained to the Board that the mobile home is set to go on the Sheriff’s sale next month and there’s no
right of redemption. She recommended cancelling the taxes and making a payment arrangement for 2026
taxes of $50 per month to avoid being back here in a year, and then likely qualify for PTR next year.
3:06 PM Discussion ensued on medical issues, assistance programs, and a large overdue power bill.
Bullock moved to cancel the 2025 taxes in full, penalties, and Sheriff costs. Christensen disclosed the
taxes to be cancelled are $635.04, with the total amount being $715.34. The Board questioned the ability
to make payments and refused to require payments. The motion passed.
9
3:30 PM Zoning Planner Annie Hughes, Subdivision Planner Alisse Foster, Planning and Development
Director Hal Jensen, Councilmember Stewart Ward, Assistant Planning and Development Director
Tristan Bourquin, Councilmember Chad Selleneit, and Councilmember Molly Dimick were present. Ward
relayed that he has seen a big change in dynamics in his time on the council and that they are
accomplishing a lot, and are quick and efficient getting through their agenda. Dimick has enjoyed her
time on the council. Selleneit concurred with the previous statements and added that it is sometimes
overwhelming. The County staff are great and always there for answers.
3:34 PM Discussion ensued on the relationship between council members and staff. They have good
deliberations without feeling no pressure. A special meeting is ready to be scheduled on the new
ordinance. 3:58 PM Jensen reported this is the most well-represented council.
M
March 31, 2026, BOCC Minutes
Action Item Summary
ACTION/DIRECTION
ASSIGNED TO
Release of lien for case number 20120147 was approved.
Indigent
Budget request of $15,000 was approved for Portneuf Soil and Water
Conservation District.
Commission
Authorization to purchase a tractor for $123,900 under a piggyback
contract with funds from PILT was given.
Parks & Rec
Executive session was held to communicate with legal counsel.
Clerk
Following executive session to discuss personnel matters, the Fairgrounds
maintenance position will be moved under Facilities Maintenance
department and the Emergency Manager position will be posted.
HR/Auditing
Resolution No. 2026-19 Vacating Easement in the Chilton Subdivision
was passed.
Clerk
Items on the consent agenda were approved.
Clerk/Auditing/Resolution
Taxes, late fee, interest, and Sheriff sale costs for 2025 were cancelled for
parcel MHMHPCB002300.
Resolution/Treasurer
Joint meeting with Planning and Development Council and staff was held.
Planning
Instrument 13 22603633
Bannock County, Pocatello, Idaho
03/31/2028 11:19:45 AM No. of Pages: 4
Reoorded for: BANNOCK COUNTY COMMISSIONERS
Jason C. Dixon Fee: $0.00
Deputy:
jmodonaid
In the Matter of VACATING
EASEMENT IN THE
CHILTON SUBDIVISION
RESOLUTION
R.S. No. 2026-19
March 31, 2026
WHEREAS, a public hearing was held on March 24, 2026, at the hour of 10 a.m. in the chambers
of the Bannock County Commissioners to consider the petition to vacate an easement on lands owned by
James Burrup and Lonnie Adams
WHEREAS, the Board heard evidence concerning the application and having considered the file
and all evidence presented at the hearing, it hereby makes the following findings and conclusions:
FINDINGS, CONCLUSIONS OF LAW, AND DECISION
APPLICANT: James Burrup
TYPE OF APPLICATION: Petition for vacation of easement
LOCATION OF EASEMENT: The fifty-foot easement beyond the cul-de-sac at the south end of
Nelson Lane that runs between lots 5 and 6 of Block 1 of the Chilton Subdivision, Bannock County,
Idaho, as the same appears on the Official Plat thereof, recorded November 24, 1978, as Instrument No.
613534.
APPLICABLE LAW
1.
Bannock County Commissioners are authorized by Idaho Code Title 40, Chapter 2 and Idaho
Code Title 50, Chapter 13 to abandon and vacate any highway or public right-or-way in the
county system or grant such vacations of platted easement or streets.
2.
Idaho Code §50-1325 provides: Easements — Vacation of. Easements shall be vacated in the
same manner as streets.
3.
Idaho Code §40-203(4)(c) provides: When a county is to consider the abandonment or vacation of
any private right-of-way that was accepted as part of a recorded platted subdivision, said
abandonment or vacation shall be accomplished pursuant to the provisions of chapter 13, title 50,
Idaho Code.
4.
Idaho Code §50-1306A(5) provides: In the case of easements granted for gas, sewer, water,
telephone, cable television, power, drainage, and slope purposes, public notice of intent to vacate
is not required. Vacation of these easements shall occur upon the recording of the new or
amended plat, provided that all affected easement holders have been notified by first class mail,
certified mail, or certified mail with return receipt of the proposed vacation and have agreed to
the same in writing.
5.
Idaho Code §40-203(3) provides: In the event of abandonment and vacation, rights-of-way or
easements shall be reserved for the continued use of existing sewer, gas, water, or similar
pipelines and appurtenances, or other underground facilities as defined in section 55-2202, Idaho
Code, for ditches or canals and appurtenances, and for electric, telephone and similar lines and
R.S. 2026-19
Page 2
appurtenances.
6.
Pursuant to Idaho Code §67-6535(2), a decision must be in writing and accompanied by a
reasoned statement that explains the criteria and standards considered relevant, states the relevant
contested facts relied upon, and explains the rationale for the decision based on the applicable
provisions of the comprehensive plan, relevant ordinance or statutory provisions, pertinent
constitutional principles, and factual information contained in the record.
7.
Findings of fact must include a concise and explicit statement of the underlying facts of record
supporting the findings, a statement of available procedures and applicable time limits for seeking
reconsideration or other administrative relief, be based exclusively on the evidence in the record
of the officially noticed proceeding, and all parties served with a copy of the order with a proof of
service. Idaho Code §67-5248.
8.
Notification to the public, adjacent landowners, and operators of underground facilities must be
made according to Idaho Code §40-203.
9.
No public right-of-way or parts thereof shall be abandoned or vacated so as to leave any real
property adjoining the public right-of-way without access to an established public right-of-way.
Idaho Code §40-203(2).
10.
Pursuant to Idaho Code §40-203(5), a public right-of-way shall be deemed abandoned if the
evidence shows:
(a) That said highway or public right-of-way was created solely by a particular type of common
law dedication, such as a dedication based upon a plat or other document that was not
recorded in the official records of an Idaho county;
(b) That said highway or public right-of-way is not located on land owned by the United States
or the state of Idaho nor on land entirely surrounded by land owned by the United States or
the state of Idaho nor does it provide the only means of access to such public lands; and
(c) (i) That said highway or public right-of-way has not been used by the public and has not
been maintained at the expense of the public in at least three (3) years during the previous
fifteen (15) years; or
(ii) Said highway or right-of-way was never constructed and at least twenty (20) years have
elapsed since the common law dedication.
10.
Pursuant to Idaho Code §50-1320, Vesting of Title on Vacation, the part so vacated, if it be a lot
or tract, shall vest in the rightful owner, who may have the title thereof according to law.
FINDINGS OF FACT
Applicant submitted an application on December 1, 2025, to request the County vacate easements
in the Chilton Subdivision. The official plat was recorded November 24, 1978, as Instrument No.
613534. The easements have never been used or developed.
2.
The location of the subdivision and easements are within and under the jurisdiction of Bannock
County, Idaho.
3.
Notification of the public hearing was sent to adjoining property owners and public utilities and
R.S. 2026-19
Page 3
the public hearing notice was published on February 21, March 7, and March 14, 2026.
4.
The public hearing was held on March 24, 2026.
5.
No written comments objecting to or supporting the vacation were received prior to the hearing
and oral testimony was heard. County staff had no objections.
6.
The easements requested for vacation are not currently used or maintained by the County as a
public right-of-way. The County does not plan to maintain the easement or develop any roads in
said easement. No public utilities have been installed in said easements.
7.
No access to federal or state land will be denied if the Petition is approved.
8.
As a result of vacation, no property will be without access to an established public right-of-way.
9.
The easements requested to be vacated are located on the property of two owners, both of which
have consented to vacation.
10.
Ownership of the land holding the vacated easements would remain vested in the underlying fee
owner of each respective lot.
CONCLUSIONS OF LAW
Vacation of the proposed road easements is in the public interest, pursuant to Idaho Code § §40-
203(1)(h) and (6).
DECISION
NOW, THEREFORE, BE IT RESOLVED, based on the foregoing Findings of Fact and
Conclusions of Law, pursuant to Idaho Code Title 40, Chapter 2 and Idaho Code Title 50, Chapter 13, the
petition for vacation of the road easements described above is hereby granted and ownership remains with
the lot owner. Any utility easements will remain, pursuant to Idaho Code §§40-203(3) and 50-1306A(5).
**Appeal Rights**
Pursuant to Idaho Code §§ 40-203(1)(k) and 67-6535(2)(b), an applicant or affected person
seeking judicial review of this decision must first seek reconsideration of the final decision within
fourteen (14) days. The written reconsideration request must identify specific deficiencies in this decision
for which reconsideration is sought. A written decision whether the reconsideration was affirmed,
reversed, or modified must be provided to the applicant or affected person within sixty (60) days of
receipt of the request for reconsideration or the request is deemed denied. The twenty-eight (28) day time
frame for seeking judicial review is tolled until the date of the written decision regarding reconsideration
or the expiration of the sixty (60) day reconsideration period, whichever occurs first.
R.S. 2026-19
Page 4
BOA
F BANNOCK COUNTY COMMISSIONERS
ATTEST:
Jason C. Dixon, Clerk
I hereby certify that a
Stephen Alder
11631 N Nelson Ln
Pocatello, ID 83202
Gary Purrington
11612 N Nelson Ln
Pocatello, ID 83202
Jeff ou
hair
Ernie M
ullock, M
ber
PROOF OF SERVICE
copy of this Resolution and Decision was sent to:
James Burrup
11559 Nelson Ln
Pocatello, ID 83202
Lonnie Adams
7305 224th Ave NE
Redmond, WA 98053
Administrative Assistant -4 Bannock County
Brookstone LLC
242 W Lewis St
Pocatello, ID 83204
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 March 19, 24, and 26, 2026, as approved
during the meeting of March 31, 2026.
BOA
BANNOCK COUNTY COMMISSIONERS
ATTEST:
.,..--.,
Jason C.
C. Dixon, Clerk
Jeff Hou
hair
Ernie M
4
ullock,
ember
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