Bannock County | minutes | meeting 2026-03-31 | March 31, 2026, Commissioner Meetings source: https://www.bannockcounty.gov/wp-content/uploads/2026/04/20260331-Minutes-Final.pdf 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