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Bingham County

February 2026 Commission Minutes

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STATE OF IDAHO i+)
:ss. Monday, February 2, 2026
County of Bingham —)

THE BOARD OF BINGHAM COUNTY COMMISSIONERS MET IN REGULAR SESSION. The following
matters were considered:

PRESENT: Chairman Manwaring
Commissioner Jackson
Commissioner Jensen
Lindsey Gluch- Commission Clerk

STAFF MEETING

Present: Pamela Eckhardt- County Clerk
Donavan Harrington- County Assessor
Debbie Cunningham- Chief Deputy Assessor
Rebecca Goodwin- Certified Appraiser
Dusty Whited- Public Works Director
Troy Lenhart- Road & Bridge Supervisor
Jimmy Roberts- County Coroner
Flint Christensen- Chief Deputy Coroner
Scott Reese- Emergency Services/Parks & Recreation
Sheri Landon- Magistrate/District Court
Marielle Pratt- District Court
Laraine Pope- Human Resources
Jason Marlow- Building Maintenance
Tiffany Olsen- Planning & Development
Shawn Hill- Probation Department
Cody Lewis- Treatment Court
Ollie Wimbish- Chief Deputy Prosecutor
Jeff Gardner- Sheriff
Tanna Beai- County Treasurer
Carmen Willmore- Extension Office
Megan Kearsley- Elections

Excused: Laura Lora- Payroll
Ryan Jolley- Prosecutor
Matt Galloway- IT Director
Gordon Croft- Blackfoot Chief of Police

The Commissioners met with department heads and Elected Officials for the February 2026 Staff Meeting.
Commissioner Jackson conducted the Staff Meeting.

Pledge of Allegiance: Commissioner Jackson conducted.

Approval of Minutes for Staff Meeting held in January 2026: There were no changes to be made and the
minutes for Staff Meeting held in January 2026 were approved as written.

Special Presentation: Laraine Pope gave a presentation on workplace civility.
Safety Concerns: None.

Employee Years of Service Recognition: Donavan Harrington recognized Rebecca “Becca” Goodwin for
five (5) years of service to Bingham County. Mr. Harrington stated that Becca started in the Deeds

1

Department, then moved to data entry and is now a Certified Appraiser. Becca is a go-to when it comes to
needing extra help at the front counter with the public and would like to congratulate Becca on her five (5)

years with the county.
Becca Goodwin: Stated time flies when you are having fun and it is great to be a part of such a great team.

Sheriff Gardner recognized Kortny Bosh for five (5) years of service to Bingham County. Sheriff Gardner
stated that Kortny came as a Certified Deputy from Bannock County and works on the Courts team, front
door security and is a great asset to Bingham County.

Sheriff Gardner recognized Erin Hidalgo and Katie Flores for thirty (30) years of service to Bingham County
and it is a testament having them in this position for so long while raising a family, working holidays and
working shift work. Sheriff stated that Erin Hidalgo has been the Dispatch Supervisor for twenty (20) years
and plays an instrumental part in large projects being finished. The last four (4) years, she was given full
range and supervision of the entire division, wherein before she would report to a Supervisor but now runs
the entire division while maintaining and filling a position on the floor. Sheriff Gardner stated that Katie
Flores is the Dispatch Lead and shift supervisor when Erin Hidalgo is unavailable. Katie does everything
with ILETS and NCIC. They are both a huge asset to Bingham County.

Sheri Landon recognized Marielle Pratt for twenty (20) years of service to Bingham County and stated that
Marielle works in District Court specifically for Judge Simpson handling all felony cases. Ms. Landon stated
that Marielle is the lead Clerk when she is not available, she is a leader, trainer and has been a good mentor
to other clerks. Ms. Landon stated that Marielle handles a large workload, is detail oriented and the amount
of work that she has put out over the years is amazing.

Marielle Pratt stated that the county has been great to work for, she has a great team in District Court and
she enjoys her job.

Chairman Manwaring: Stated that vacant positions are being filled and it has been great to see many of the

Offices become fully staffed. Chairman Manwaring stated that the county owned home behind the

Commissioners Office will be demolished and the area will be used for additional parking. The other county
owned home will remain in place as the Sheriffs Office and Fire Department use it for training purposes.

Commissioner Jackson: Stated that he attended iAC Conference in Boise last week, was able to meet with
Legislators and it is always nice to catch up with all of the other counties throughout the state.

Commissioner Jensen: Stated that he also attended IAC Conference in Boise last week and he would like
to thank all department heads and Elected Officials for running their departments like they do and making

the county a positive place of employment.

Clerk Eckhardt: Stated when looking at the monthly reports for each department, last month there were a
few line items that were over budget. She had checked with the department head where this had occurred
and payment had been made out of the incorrect line item. Therefore, please double check to be sure that
payments are being made out of the correct line item. Lastly, if there are any W-2 errors, please get in touch

with Laura Lora.

Donavan Harrington: Stated that he appreciates the opportunity to attend the IAC Conference as well and
be able to work with the Legislators. Mr. Harrington stated that he appreciates the working relationship that
ail of the Elected Officials have and being able to work together and share thoughts.

Dusty Whited: Provided an update on recently installed flashing stop signs, which were paid for by grant
award. There have been 35 of them instalied at high accident locations that were determined by an engineer

within the County Transportation Plan.

Commission Jensen stated that he would like to thank Road and Bridge for their work in these installations
within the North part of the county and that he has received a lot of positive feedback.

Jimmy Roberts: Stated that he also attended the IAC Conference in Boise last week and would like to
commend Commissioner Jackson for providing the Invocation. Mr. Roberts stated the individual who was
to offer the invocation was unable to be located and Commissioner Jackson volunteered to do so in front
of a large group of people. Mr. Roberts added that he would like to express his appreciation for all of the
other Elected Officials and how well everyone can work together.

Scott Reese: Stated that there was an Emergency Preparedness Symposium on January 24", which had
a good turnout.

Sheri Landon: Stated that Judge Thompson, who was the traveling judge from Jefferson County to assist
with caseload, retired in December and Judge Daniel Clark has replaced him.

Laraine Pope: Stated that the Annual Benefits Fair will be held February 10" in Courtroom 3, from 7:30
a.m., to 12:00 p.m. All employees need to go in order to sign paperwork.

Jason Marlow: Had no updates at this time.

Tiffany Olsen: Stated that Planning & Development has hired a new Planner, Kennedy Lott and a new
Permit Technician, Tara Erickson, along with Mike Marvin, a part time Code Enforcement Officer.

A brief discussion was held in regards to the monthly rotation of phone coverage and Chairman Manwaring
stated it would be beneficial to hold a conversation with Matt Galloway due to the inconvenience. Clerk
Eckhardt stated with the new telephone system, she is not sure that the rotation between departments is
needed as the call should be routed to the proper department.

Lindsey Gluch, Commission Clerk, informed all attendees that currently when they call anywhere outside
of the courthouse/county telephone system, the number shows as 208-785-8040. Ms. Gluch stated it is
possible to change to show the exact extension to the outside individual but it needs to be requested through
the IT Department. This will make it easier for anyone who may receive a missed call from the Courthouse
and that they will know which department has contacted them.

Shawn Hill: Stated that Probation has hired a Misdemeanor Probation Officer, Tyler Randall.

Cody Lewis: Stated that Felony Treatment Court Graduation will be held on February 24" at 4:00 p.m., and
Misdemeanor Treatment Court Graduation will be held on February 26" at 4:00 p.m.

Ollie Wimbish: Had no updates at this time.
Jeff Gardner: Stated that the Sheriffs Office is doing well at filling its vacant positions.

Tanna Beal: Stated that she aiso attended IAC Conference in Boise and the prevailing message was
revenue shortages and that the Governor had asked for a 3% cutback. Ms. Beal stated in leaving the
meetings, it was stated that the governor had asked for a 2% cutback on top of that original 3%. Ms. Beal
stated that ARPA Funding is now gone and the county is starting to see the effects of that.

Clerk Eckhardt stated that TECM Funding would be cut and currentiy the Governor budgeted $0.00. The
funding could come back but each county should not plan on the funding. Clerk Eckhardt stated that sales

tax is another that may be cut.

Carmen Willmore: Stated that the Family Consumer Science position has been filled by Abby May and she
is doing a great job. Beef weigh in is in March, swine weigh in is in April and sheep/goat weigh in will be in

May.

Megan Kearsley: Stated that candidate filing is coming up, packets will be disbursed the end of February
and will need to be filed by March 13.

Commissioner Jackson stated next Staff Meeting is scheduled for Monday, March 2, 2026 at 8:30 a.m.

Nothing further.

PROBATION DEPARTMENT UPDATE

Present: Shawn Hill- Probation Director

The Board met with Shawn Hill fo discuss updates within the Probation Department.

DISCUSSION & DECISION REGARDING CONTRACT WITH TENEX FOR E-POLL BOOK LICENSING-
REQUESTED BY MEGAN KEARSLEY

Present: Megan Kearsley- Elections Director
Pamela Eckhardt- County Clerk

The Board met to hold discussion & decision regarding a contract with Tenex for E-Poll Book Licensing.
Ms. Kearsley explained the only thing that has changed within the contract is the cost from $135 per license

to $150 per license.
The Board had no concerns.

Decision: Commissioner Jensen moved to approve and sign the contract renewal with Tenex for E-
Poll Book Licensing, as presented. Commissioner Jackson seconded. All voted in favor. The motion

carried.
BUILDING MAINTENANCE
Present: Jason Marlow- Facilities Manager

The Board met with Jason Marlow to discuss updates within the Building Maintenance, along with other
agenda items.

Discussion was held in regards to the prior approval for purchase of a water softener for the new jail, as
this was an item not included in the jail expansion plan. Said purchase is in the amount of $7,250.00 and is
to be paid from Fund: 50-00-559-00.

Decision: Commissioner Jackson moved to approve and sign the prior approval for purchase of a
water softener for the new jail, as this was an item not included in the jail expansion plan. Said
purchase is in the amount of $7,250.00 and is to be paid from Fund: 50-00-559-00. Commissioner
Jensen seconded. All voted in favor. The motion carried.

Next, discussion was held in regards to the prior approval for purchase of a contract for water treatment at
the courthouse. Mr. Marlow stated that the current water treatment company is Chem Search and the
monthly rate is currently $844.38. Mr. Marlow stated that he has received a quote from Water Tech who
will conduct the same contract services for $386.97, which is a savings of $457.41 per month.

The Board had no concerns in regards to switching the contract to Water Tech.
Decision: Commissioner Jensen moved to approve switching to Water Tech for the contract service

amount of $386.97 per month, wherein said purchase would be paid from Fund:01-10-494-00.
Commissioner Jackson seconded. Ali voted in favor. The motion carried.

DISCUSSION & DECISION REGARDING CONTRACT WITH CAMPSPOT FOR SPORTSMANS PARK
FOR ONLINE BOOKING AND RESERVATIONS- REQUESTED BY SCOTT REESE

Present: Scott Reese- Parks & Recreation
Leigh Ann Davis- Parks & Recreation
Kirk Wahlen- Sportsmans Park
Zoom: Chad Becker- Campspot

The Board met to hold a discussion and make a decision in regard to the proposed contract with Campspot
for Sportsmans Park for online booking and reservations.

Mr. Wahlen explained that the Campspot program will assist with maintaining camping reservations and
will allow individuals to get online and schedule their reservation.

This will be at no cost to the county and Legal Counsel has reviewed the proposed contract with no
concerns.

Decision: Commissioner Jackson moved to approve and sign the contract with Campspot for
Sportsmans Park for online booking and reservations. Commissioner Jensen seconded. All voted

in favor. The motion carried.

THE MOTION PASSED TO DISMISS UNTIL WEDNESDAY FEBRUARY 4, 2026

“PAMELA W. ECKHARDT,
Lindsey Gluch- Commission Clerk

STATE OF IDAHO )
: SS. Wednesday, February 4, 2026

County of Bingham __)

THE BOARD OF BINGHAM COUNTY COMMISSIONERS MET IN REGULAR SESSION. The following
matters were considered:

PRESENT: Chairman Manwaring
Commissioner Jensen
Commissioner Jackson
Lindsey Gluch- Commission Clerk

CASH WARRANTS

Cash Warrants were approved in the amount of $30.38, $150.00, $254.00 and $3,000.00, for a total of
$3,434.38.

Decision: Commissioner Jensen moved to approve Cash Warrants, Claims, Administrative
Documents and Personnel Action Forms. Commissioner Jackson seconded. All voted in favor. The

motion carried.

DISCUSSION & DECISION REGARDING DONATION TO THE SOUTH BINGHAM SOIL
CONSERVATION

The Board met to hold discussion and decision regarding a donation to the South Bingham Soil
Conservation. Said donation is contributed in the amount of $3,000.00 per year.

The Board had no concerns regarding the submitted request.

Decision: Commissioner Jackson moved to approve the donation to the South Bingham Soil
Conservation in the amount of $3,000.00. Commissioner Jensen seconded. All voted in favor. The

motion carried.
ORDINANCE 2026-07

The Board met to approve and sign Bingham County Ordinance 2026-07, an ordinance amending the
Comprehensive Plan Designation from “A” Agriculture to “R/A” Residential/Agriculture, submitted by Duane

& Joy Day.

Decision: Commissioner Jensen moved to approve and sign Bingham County Ordinance 2026-07,
an ordinance amending the Comprehensive Plan Designation from “A” Agriculture to “R/A”
Residential/Agriculture, submitted by Duane & Joy Day. Commissioner Jackson seconded. All
voted in favor. The motion carried and said ordinance was approved and recorded as follows:

Instrument # 777504

BINGHAM COUNTY

2-4-2026 99:03:19 AM No. of Pages: 1

Recorded for: BINGHAM COUNTY COMMISSIONERS

PAMELA W, ECKHARDT Fee: 0.06
BINGHAM COUNTY F*OeloRecerdr Depany__ "QALY?
ORDINANCE 2026-07

AN ORDINANCE AMENDING THE COMPREHENSIVE PLAN DESIGNATION FROM “A"
AGRICULTURE TO “R/A” RESIDENTIAL/AGRICULTURE, SUBMITTED BY DUANE & JOY

DAY

BE IT ORDAINED by the Board of County Commissioners of Bingham County, Idaho, as
follows:

Part of the NW1/4 of Section 3, Township 3 South, Range 36 East 8.M., Bingham County,
idaho described as:

Commencing at the Northwest corner of said Section 3; Thence along North line of said Section,
$ 89°25'21" E 1105,27 feet to a tie line; Thence, S$ 00°34'39" W 809.04 feet to the North corner
of Deed Inst. No, 536889, point being the Point of Beginning; Thence, S 58° 21' 55" E 826.40
feet; Thence, N 89° 36' 10" W 1017.40 feet; Thence N 36° 20’ 51" E 529.40 feet to the Point of

Beginning.
Parcel contains 5.00 acres more or less

Section 2: This Ordinance shall become effective upon its publication in the manner required by
law.

Passed and Approved by the Board of County Commissioners, County of Bingham, State
of Idaho, at a Public Hearing hald on the 7" day of January, 2026.

Slgned this 4" :
gne 3 4" day of February 2026

BOARD OF COUNTY COMMISSIONERS
BINGHAM COUNTY, IDAHO

‘Pamela Eckhardt
Bingham County Clerk

rew Jensen/ Commissioner

Bingham County Ordinance 2026-07 Page 1 of 1
Camp Plan Designation
Duane & Joy Day

Y445 OU

SHERIFFS OFFICE

Present: Jeff Gardner- Sheriff
Troy Lenhart- Road & Bridge Supervisor

The Board met with Sheriff Gardner to discuss updates within the Sheriffs Office.

PUBLIC WORKS

Present: Dusty Whited- Public Works Director
Troy Lenhart- Road & Bridge Supervisor

The Board met with Dusty Whited to discuss updates within the Public Works department, along with other
agenda items.

Discussion was held in regard to the Right-of-Way Agreement, Warranty Deed & Title for easement for the
bridge on Pioneer Rd., over the Danskin Canal.

Decision: Commissioner Jensen moved to approve and sign the Right-of-Way Agreement, Warranty
Deed and Title for easement for the bridge project on Pioneer Rd., over the Danskin Canal.
Commissioner Jackson seconded. All voted in favor. The motion carried.

Discussion was held in regard to the submitted prior approval for purchase of Road & Bridge tires. Said
purchase is in the amount of $6,745.00, which is to be paid from Fund: 02-47-473-01.

Decision: Commissioner Jensen moved to approve the submitted prior approval for purchase of
Road & Bridge tires. Said purchase is in the amount of $6,745.00, which is to be paid from Fund:
02-47-473-01. Commissioner Jackson seconded. All voted in favor. The motion carried.

Discussion was held in regard to the request to pay VSS for micro-sealing for the City of Shelley, to be
reimbursed at a later date. Said contract is in the amount of $10,891.59, for 1400 N. Country Club Road.

Decision: Commissioner Jensen moved to approve payment to VSS for micro-sealing for the City
of Shelley, to be reimbursed at a later date. Commissioner Jensen added that there will be a signed
agreement with the City of Shelley in regard to the reimbursement. Commissioner Jackson

seconded. All voted in favor. The motion carried.

Discussion was held in regard to the submitted prior approval for purchase of a fire alarm panel for the
Public Works Shop. Said purchase is in the amount of $1,933.51, which is to be paid from Fund: 02-47-

445-06.

Decision: Commissioner Jackson moved to approve the submitted prior approval for purchase of
a fire alarm panel for the Public Works Shop. Said purchase is in the amount of $1,933.51, which is
to be paid from Fund: 02-47-445-06. Commissioner Jensen seconded. All voted in favor. The motion

carried.

Discussion was held in regards to approval and signing of documentation regarding the completion of right-
of-way activities for the Ferry Butte Bridge Rehab Project.

Decision: Commissioner Jackson moved to approve and sign the documentation regarding the
completion of right-of-way activities for the Ferry Butte Bridge Rehab Project. Commissioner
Jensen seconded. All voted in favor. The motion carried.

Discussion was held in regards to the submitted prior approval for purchase of 160’ or culvert @ $29.00
per foot, 4 bands @ $57.00 each. Said total purchase is in the amount of $41868.00, which is to be paid

from Fund: 02-40-645-00.

Decision: Commissioner Jensen moved to approve the prior approval for purchase of 160’ or culvert
@ $29.00 per foot, 4 bands @ $57.00 each. Said total purchase is in the amount of $41868.00, which
is to be paid from Fund: 02-40-645-00. Commissioner Jackson seconded. All voted in favor. The

motion carried.

Discussion was held in regard to approval and signing of temporary easements for the bridge on Baseline
Road over Little Sand Creek.

Decision: Commissioner Jackson moved to approve and sign the temporary easements for the
bridge on Baseline Road over Little Sand Creek, as presented. Commissioner Jensen seconded. All

voted in favor. The motion carried.

Discussion was held in regards to the Solid Waste Credit Application for D&K Drywall, LLC. Said Credit
Application is for the amount of $200.00 per month.

Decision: Commissioner Jensen moved to approve and sign the Solid Waste Credit Application for
D&K Drywall, LLC, in the amount of $200.00 per month. Commissioner Jackson seconded. All voted

in favor. The motion carried.
HUMAN RESOURCES
Present: Laraine Pope- Human Resources Director

The Board met with Laraine Pope to receive updates within the Human Resources Department.

EXECUTIVE SESSION

The Board met to hold an Executive Session pursuant to Idaho Code §74-206(1)(a)&(b), to consider
personnel matters. Commissioner Jensen moved to go into Executive Session pursuant to Idaho Code §74-
206(1)(a)&(b), to consider personnel matters. Commissioner Jackson seconded. Both in favor. The Board
moved into Executive Session at 10:45 a.m. Commissioner Jensen moved to go out of Executive Session.
Commissioner Jackson seconded. The Board moved out of Executive Session at 10:59 a.m.

Decision: Commissioner Jackson moved to approve the proposed offer of the Solid Waste position
at PW1, Step 2. Commissioner Jensen seconded. All voted in favor. The motion carried.

IT DEPARTMENT
Present: Matt Galloway- IT Director

The Board met with Matt Galloway to discuss updates within the IT Department, along with other agenda
items.

Discussion was held in regard to the submitted prior approval for major purchase of RunZero SaaS for
network vulnerability scanning. Said purchase is in the amount of $14,250.00, which is to be paid from

Fund: 01-14-524-00.

Decision: Commissioner Jensen moved to approve the prior approval for purchase of RunZero
SaaS for network vulnerability scanning. Said purchase is in the amount of $14,250.00, which is to
be paid from Fund: 01-14-524-00. Commissioner Jackson seconded. All voted in favor. The motion

carried.

PLANNING & DEVELOPMENT
Present: Tiffany Olsen- Planning & Development Director
The Board met with Tiffany Olsen to discuss updates within the Planning & Development Division.

THE MOTION PASSED TO DISMISS UNTIL FRIDAY FEBRUARY 6, 2026

PAMELA W. ECKHARDT, CLERK
Lindsey Gluch- Commission Clerk----------------------------------------4-------------nnnnnnnnnen

STATE OF IDAHO )
> SS. Friday, February 6, 2026
County of Bingham —)

THE BOARD OF BINGHAM COUNTY COMMISSIONERS MET IN REGULAR SESSION. The following
matters were considered:

PRESENT: Chairman Manwaring
Commissioner Jensen

Commissioner Jackson
Lindsey Gluch- Commission Clerk

CASH WARRANTS

Cash Warrants were approved in the amount of $51,313.46.

CLAIMS

Claims were approved in the amount of $467,250.70.

PERSONNEL ACTION FORMS

The Board approved Personnel Action Forms, which were as follows:
New Employee Status Sheet: Building Maintenance Specialist

Decision: Commissioner Jensen moved to approve Cash Warrants, Claims, Administrative
Documents and Personnel Action Forms. Commissioner Jackson seconded. All voted in favor. The

motion carried.
APPROVAL OF DECEMBER 2025 COMMISSION MINUTES

The Board met to approve Commission Minutes for December 2025. Chairman Manwaring confirmed with
Commissioner Jackson and Commissioner Jensen that if they had any changes, those had been made.
There were no changes to be made.

Decision: Commissioner Jackson moved to approve and sign Commission Minutes for December
2025, as written. Commissioner Jensen seconded. All voted in favor. The motion carried.

10

APPROVAL OF ALCOHOL BEVERAGE CATERING PERMIT FOR LORA’S INVESTMENTS DBA
COLONIAL INN, FOR AN EVENT TO BE HELD FEBRUARY 14, 2026

The Board met to approve the Alcohol Beverage Catering Permit for Lora’s Investments DBA Colonial Inn,
for an event to be held on February 14, 2026.

Decision: Commissioner Jensen moved to approve and sign the Alcohol Beverage Catering Permit
for Lora’s Investments DBA Colonial Inn, for an event to be held February 14, 2026. Commissioner
Jackson seconded. All voted in favor. The motion carried.

TAX INQUIRY FORMS

The Board met to approve and sign Tax Inquiry Forms submitted by the County Assessor, which were as
follows:

RP2079901 Year 2025 The building was put on the wrong parcel.
RP0398600 Year 2025 Commercial buildings were put on this parcel by mistake.

Decision: Commissioner Jackson moved to approve and sign Tax Inquiry Forms submitted by the
County Assessor. Commissioner Jensen seconded. All voted in favor. The motion carried.

DISCUSSION & DECISION REGARDING COUNTY INDIGENT BURIAL PLOTS AT GROVELAND
CEMETERY

Present: Rod Lilya- Groveland Cemetery
Loren Lilya- Groveland Cemetery
Chad Peterson- Groveland Cemetery
Paul Rogers- County Legal Counsel

The Board met to hold discussion and make a decision regarding county indigent burial plots at Groveland
Cemetery.

Chad Peterson stated that Groveland Cemetery has designated two (2) burial plots for Bingham County
and presented the Board with a letter from the Groveland Cemetery confirming. Lindsey Gluch, Commission
Clerk, will place this in a folder in regard to indigent cremated remains.

A brief discussion was held in regard to the matter in which cremated remains will be spread or buried.

Mr. Rogers read a House Bill that states if no one has claimed the remains within one year, a funeral director
or mortician may lawfully provide for disposition of remains in a manner consistent with respectful funeral
home end of life processes.

Chairman Manwaring stated that a potential policy could be drawn up to explain the process for indigent
cremated remains that are not claimed by family members.

Rod Lilya stated that he had been informed by the monument company that they had a piece of stone that
they would like to get rid of and that it could be used to engrave a marker for the remains. The inscription
would more than likely need to be paid for but the cost of the actual stone would not.

This matter will be placed on hold for additional information to be gathered.

11

APPROVAL OF LETTER OF SUPPORT FOR BMH TO APPLY FOR GRANT FUNDING

The Board met to approve and sign the proposed letter of support for Bingham Memorial Hospital (BMH)
to apply for grant funding. Said letter is to apply for funding to assist with the Bingham County Jail Drug
Use and Harm Reduction Project.

Decision: Commissioner Jensen moved to approve and sign the letter of support for Bingham
Memorial Hospital to apply for grant funding. Commissioner Jackson seconded. All voted in favor.

The motion carried.
THE MOTION PASSED TO DISMISS UNTIL MONDAY FEBRUARY 9, 2026

PAMELA W. ECKHARDT, CLERK NEY MANWARING, CHAIRMAN
Lindsey Gluch- Commission Clerk----------------------- Se <n

STATE OF IDAHO )
: SS. Monday, February 9, 2026

County of Bingham __)

THE BOARD OF BINGHAM COUNTY COMMISSIONERS MET IN REGULAR SESSION. The following
matters were considered:

PRESENT: Chairman Manwaring
Commissioner Jensen

Lindsey Gluch- Commission Clerk
EXCUSED: Commissioner Jackson

APPROVAL OF TAX EXEMPTION APPLICATIONS PURSUANT TO IDAHO CODE SECTION 63-602
Present: Pamela Eckhardt- County Clerk

Debbie Cunningham- Chief Deputy Assessor

Donavan Harrington- County Assessor
The Board met to approve Tax Exemption Applications pursuant to Idaho Code Section 63-602.

Mr. Harrington asked the Board to consider exempt properties under Idaho Code Section 63-602B,
Religious limited liability companies, corporations or societies, which were as follows:

Assembly of God Inc. Firth Tabernacle

RP4010703 235 W Center St, Firth - grounds
RP4010704 235 W Center St, Firth - church
RP4013000 201 E Center St, Firth - parsonage

The Meeting Room, Inc.

RP3016200 Meeting House 301 N 4th W, Aberdeen
RP3016305 Meeting House 301 N 4th W, Aberdeen
RP3025803 Bare ground
RP3025900 Bare ground

12

Journey
Church
RP2080702 505 N Park Ave, Shelley

Calvary of Blackfoot, Inc
RP1160000 689 S Fisher Ave, Blackfoot
RP1262402 adjacent lot

First Baptist Church
RP1182500 2650 Rose St., Blackfoot

Jason Lee Memorial

RP1025100 136 S University (grass lot)
RP1025200 Church

Methodist Church / Jason Lee Memorial United
RP1237000 190 Benton, Blackfoot

House is used for housing for the pastor.

Protestant Episcopal Church
RP1002200 72 N Shilling, Blackfoot

Faith Baptist Church

c/o Joe & Lela Copley DBA
2 Lots are together with

RP7004500 Fort Hall church
Joe Copley
RP7004600 Fort Hall

Lutheran
Church
RP1315606 1110 Parkway, Blackfoot

First Mennonite Church
RP3056700 381 W Washington Ave, Aberdeen
Chapel and Grounds

Calvary Chapel of Aberdeen
RP3079500 552 S 2nd W, Aberdeen

13

First Street Meeting Room
RP3082201 652 S 2nd W, Aberdeen

International Church of the Four Square
RP0324703 102 N 350 W, Blackfoot

Roman Catholic Diocese of Boise
RP0139401 Church in Pingree
RP1051801 Building next to church leased

~ to SEICCA at $1,000/month.
RP1052300 583 W Sexton, Blackfoot

St Bernard's Church and education center campus

RP1052700 Parrish office and meeting rooms
RP1066104 Parrish pavillion and grounds
RP1066106 grounds behind church
RP3080000 Church grounds in Aberdeen
RP3082100 Church in Aberdeen
RP7001500 Church in Fort Hall

Decision: Commissioner Jensen moved to approve Tax Exemption Applications pursuant to Idaho
Code Section 63-602B, as presented. Chairman Manwaring seconded. Both voted in favor. The
motion carried.

Mr. Harrington asked the Board to consider exempt properties under Idaho Code Section 63-602C,
Fraternal, benevolent or charitable, which were as follows:

Stewart Hoover Post No 23 American Legion
RP1286000 Blackfoot American Legion building
RP1285712 Adjacent Land

American Legion Post No 59 - Aberdeen
RP3055500 180 S Main St. Aberdeen

Heart 2 Hand Bingham Food Pantry Inc.
RP2018200 190 S Holmes Ave, Shelley

Eastern Idaho Community Action Partnership, Inc.

RP1016800
Head Start Building Across from Southeastern Idaho Public Health

14

Decision: Commissioner Jensen moved to approve Tax Exemption Applications pursuant to Idaho
Code Section 63-602B, as presented. Chairman Manwaring seconded. Both voted in favor. The

motion carried.

Mr. Harrington asked the Board to consider exempt properties under Idaho Code Section 63-602E, property
used for school or educational purposes including charter schools, which were as follows:

Idaho Science & Technology Charter School

RP8266780 21 N550W Blackfoot
RP8266790 21 N 550 W Blackfoot
RP8266800 21N 550 W Blackfoot

Blackfoot Charter Community Learning Center

RP0344804 92 N 415 W, Blackfoot, Groveland
School

RP0336003 9N550W,
Blackfoot

Decision: Commissioner Jensen moved to approve Tax Exemption Applications pursuant to Idaho
Code Section 63-602E, property used for school or educational purposes including charter schools.
Chairman Manwaring seconded. Both voted in favor. The motion carried.

Mr. Harrington asked the Board to consider exempt properties under Idaho Code Section 63-602GG, low-
income housing owned by nonprofit organizations, which were as follows:

SEICCA Southeastern Idaho Community Action Agency
RP1049100 apartments at 250 S Oak

Eastern Idaho Special Services Agency Inc.
RP1082000 1560 Camas
RP1139802 1420 Camas

Fairview Family Estates
RP3078900 Aberdeen
RP3083400 Aberdeen

Decision: Commissioner Jensen moved to approve Tax Exemption Applications pursuant to Idaho
Code Section 63-602GG, low-income housing owned by non-profit organizations. Chairman
Manwaring seconded. Both voted in favor. The motion carried.

THE MOTION PASSED TO DISMISS UNTIL WEDNESDAY FEBRUARY 11, 2026

PAMELA W. ECKHARDT, CLERK
Lindsey Gluch- Commission Clerk-----------------------------------4----------------0nno nnn nncnnen

15

STATE OF IDAHO )
: SS. Wednesday, February 11, 2026

County of Bingham _)

THE BOARD OF BINGHAM COUNTY COMMISSIONERS MET IN REGULAR SESSION. The following
matters were considered:

PRESENT: Chairman Manwaring
Commissioner Jackson
Commissioner Jensen
Lindsey Gluch- Commission Clerk

COLLEGE OF EASTERN IDAHO

One (1) Certificate of Residency document was approved and sent to the College of Eastern Idaho for the
following Bingham County student: Maylie L. Miles.

COLLEGE OF WESTERN IDAHO

One (1) Certificate of Residency document was approved and sent to the College of Western Idaho for the
following Bingham County student: Maylie L. Miles.

COLLEGE OF SOUTHERN IDAHO

One (1) Certificate of Residency document was approved and sent to the College of Southern Idaho for the
following Bingham County student: Maylie L. Miles.

Decision: Commissioner Jensen moved to approve and sign Cash Warrants, Administrative
Documents and Personnel Action Forms. Commissioner Jackson seconded. All voted in favor. The

motion carried.
JAIL INSPECTION

The Board of County Commissioners attended the Jail Inspection with Sheriff Gardner, Chief Deputy
Nebeker and Lt. Fellows.

PUBLIC WORKS

Present: Dusty Whited- Public Works Director
Troy Lenhart- Road & Bridge Supervisor
Paul Rogers- County Legal Counsel
Tiffany Olsen- Planning & Development Director

The Board met with Dusty Whited to discuss updates within the Public Works Department, along with other
agenda items.

Discussion was held in regards to Resolution 2026-09, a resolution calling for a public hearing for a
proposed vacation of 33 feet of public right-of-way along the east side of 500 West (Bond road), for the
length of subdivision and adjacent to lots 1,3,4,5,6,7 and 8, of the Alvino Alba Subdivision, along with Notice

of Public Hearing.

Mr. Whited explained that it will be 33 feet across the frontage and that he is not sure why, but when the
subdivision was approved, the Board of County Commissioners required the developer to have 58 feet,
rather than 25 feet, of frontage dedicated to the county, which puts the canal within the right of way.
Therefore, when this is built, there will be three bridges that were approved and will be Bingham County
responsibility. That would be three roads that only serve two homes and there is no way that could be

16

justified as being in the best interest of the citizens and there are a lot of expenses involved with bridge
maintenance.

Mr. Whited stated that he previously had worked with Gwen Inskeep, Surveyor at the time, and Ryan Jolley,
Prosecutor, wherein it was decided that the vacation process would be to vacate the 33 feet back to each
lot. Mr. Whited stated that all parties involved were in favor of the proposal, including the property owners.

Mr. Whited stated that if the Board approves proceeding with the vacation process, the county will need to
hire one of the Surveyors that the county currently has on contract to create a new legal description for

each of the lots.

Tiffany Olsen stated if the Board would like to vacate the 33 feet and add it to each lot, that it would increase
the lot size and anytime there is a modification to a plat, it should go through the replat process because
now that space is added into a configuration that is already been created. Ms. Olsen stated she is wondering
if it is an option to have the county initiate the replat process that will include the vacation of the 33 feet and
increase the size of the lots and it could be the First Amended Alvino Alba Subdivision. Otherwise, the 33
feet added to each lot would be non-buildable space because it is not part of the subdivision until there is

-a replat.

Mr. Whited stated that the 33 feet added to each lot will be canal right of way. Ms. Olsen stated if someone
were to purchase that, she would be purchasing two pieces of ground and not one, wherein one would be
a 1.0-acre lot and 33 feet of vacated right-of-way as non-buildable space. Chairman Manwaring stated if
the 33 feet was in the canal right-of-way, it could not be built on anyway. Ms. Olsen reiterated that the lot
size is not going to increase and that it would be two different parcels of ground.

Mr. Whited stated that either way, the county would be responsible for the cost to proceed.

Ms. Olsen reiterated that the cleanest way would be to go through the replat, which will make the lots
inconformity as it is not the subdivision owners’ fault that the county did what it did.

The Board was in favor or proceeding with the replat process to avoid the cost of maintaining the bridges

that are not in the best interest of the citizens.
Lindsey Gluch, Commission Clerk, stated that if the Board chose to go through the replat process, the
Board would not need to approve and sign the proposed resolution and notice that are currently listed on

the agenda.

Ms. Olsen stated that Ms. Gluch is correct and that this would go through the subdivision replat process,
Mr. Whited and his team would complete the application, and this would be a completely different process.

Chairman Manwaring entertained a motion

Decision: Commissioner Jackson moved to proceed with the replat process for the Alvino Alba
Subdivision through Planning & Development, rather than the vacation process. Commissioner
Jensen seconded. All voted in favor. The motion carried.

Next, discussion was held in regard to the Solid Waste Credit Application for ProTech Fence & Supply. Mr.
Whited stated that the owner of ProTech Fence & Supply has had an account since 2021 for MDS Homes,
but the request is to have two (2) separate accounts for tracking purposes. Mr. Whited stated that the
account for MDS Homes has remained current and there have been no issues.

The original request is for the amount of $5,000 of credit, wherein Chairman Manwaring stated he would
be more in favor of approving $3,000 for ProTech Fence & Supply, with the amount of $2,000 already in

place for MDS Homes.

17

Decision: Commissioner Jensen moved to approve the Credit Application for ProTech Fence &
Supply for the amount of $3,000. Commissioner Jackson seconded. All voted in favor. The motion

carried.

Next, Mr. Whited mentioned the trees that used to be along 690 West, the road that enters into the Transfer
Station and Public Works building, which died, were removed and the ground was leveled out. Chairman
Manwaring proposed planting grass and keep it maintained. Mr. Whited, Commissioner Jackson and

Commissioner Jensen were all in favor of the proposal.

Decision: Commissioner Jensen moved to approve Road & Bridge to plant grass along 690 west,
the entrance into the Transfer Station and the Public Works facility, which will be maintained by
Public Works. Commissioner Jackson seconded. All voted in favor. The motion carried.

Next, discussion was held in regard to the submitted prior approval for purchase of parts for the crusher
jaw. Said purchase is in the amount of $10,381.55, which is to be paid from Fund: 02-46-491-01.

Decision: Commissioner Jackson moved to approve prior approval for purchase of parts for the
crusher jaw. Said purchase is in the amount of $10,381.55, which is to be paid from Fund: 02-46-
491-01. Commissioner Jensen seconded. All voted in favor. The motion carried.

Next, discussion was held in regard to the prior approval for purchase of tub liner for the crusher cone. Said
‘ purchase is in the amount of $4,343.95, which is to be paid from Fund: 02-46-491-01.

Decision: Commissioner Jensen moved to approve the prior approval for purchase tub liner for the
crusher cone. Said purchase is in the amount of $4,343.95, which is to be paid from Fund: 02-46-
491-01. Commissioner Jackson seconded. All voted in favor. The motion carried.

EXECUTIVE SESSION

The Board met to hold an Executive Session pursuant to Idaho Code §74-206(1)(a)&(b), to consider
personnel matters. Commissioner Jensen moved to go into Executive Session pursuant to Idaho Code §74-
206(1)(a)&(b), to consider personnel matters. Commissioner Jackson seconded. Both voted in favor. The
Board moved into Executive Session at 9:46 a.m. Commissioner Jensen moved to go out of Executive
Session. Commissioner Jackson seconded. The Board moved out of Executive Session at 9:59 a.m.

Decision: Commissioner Jensen moved to approve Human Resources and Public Works to offer
the Weed Tech position at an N12, Step 4 ($19.68). Commissioner Jackson seconded. All voted in

favor. The motion carried.

APPROVAL OF RESOLUTION 2026-10- AMENDING SECTION 18 OF THE EMPLOYEE HANDBOOK

Present: Laraine Pope- Human Resources Director
Tiffany Olsen- Planning & Development Director
Dusty Whited- Public Works Director
Paul Rogers- County Legal Counsel

The Board met to approve and sign Bingham County Resolution 2026-10, amending Section 18 of the
Bingham County Employee Handbook.

Ms. Pope explained there would be a subsection 18.6, which would state “Employees who are in a
department which works 4 x 10-hour shifts. (Monday through Thursday), to make up a 40-hour work week,
will be allowed to take a County recognized holiday, which falls on a Friday, on a different County

designated day”.

Chairman Manwaring stated it came to his attention in speaking with Tiffany Olsen, Planning &
Development, that her office does 4 x 10-hour shifts but those rotate from either Monday through Thursday

18

:
|
:

or Tuesday through Friday. Chairman Manwaring asked Ms. Pope if there was verbiage that should be
added regarding this issue. Ms. Pope stated that she would propose removing the “Monday through
Thursday” verbiage.

Chairman Manwaring asked if this would create an issue with payroll where an individual may need to follow
into the next week to get their full 40 hours, wherein Ms. Pope stated it could if it goes into a different pay

period.

Ms. Olsen stated that the Payroll Department has educated her that it would need to be within the same
work week, and not the next week.

Ms. Pope will work with the Payroll Department in specific verbiage.
There was no decision on this matter, and a meeting will be held at a later date.

DISCUSSION & DECISION REGARDING SIGN ON BONUS FOR NEW HIRES WITHIN PUBLIC WORKS
EMPLOYEES WHO ARE ELIGIBLE- REQUESTED BY LARAINE POPE

Present: Laraine Pope- Huaman Resource Director
Dusty Whited- Public Works Director
Paul Rogers- County Legal Counsel

The Board met to hold discussion and make a decision regarding a potential sign-on bonus for new hires
within Public Works who are eligible.

Ms. Pope stated that currently there is a sign-on bonus offered to almost all Public Works employees other
than admin staff. Ms. Pope reminded the Board that said bonus is split into two payments and the employee
gets the bonus after taxes are taken from the amount. Therefore, their first check after working a full work
month of $1,000, according to the split is before taxes but when merit bonuses are given, that is done and
the employee is given $1,000 after the taxes have already been taken. Ms. Pope is asking the same for the
Public Works employees.

Decision: Commissioner Jensen moved to approve that Human Resources offer a sign-on bonus
of $2,000.00 after taxes for Public Works Employees who are eligible. Commissioner Jackson
seconded. All voted in favor. The motion carried.

APPROVAL OF RESOLUTION 2026-11

Present: Jason Marlow- Facilities Manager
Jonathon Stimens- Building Maintenance

The Board met to approve and sign Bingham County Resolution 2026-11, a formal resolution declaring
certain Bingham County property not necessary for use in Bingham County, specifically one (1) Avantco
Fridge.

Decision: Commissioner Jackson moved to approve and sign Bingham County Resolution 2026-11,
a formal resolution declaring certain Bingham County property not necessary for use in Bingham
County, specifically one (1) Avantco Fridge. Commissioner Jensen seconded. All voted in favor.
The motion carried and said Resolution was approved and signed as follows:

19

BINGHAM COUNTY
RESOLUTION NO. 2026-11

A FORMAL RESOLUTION DECLARING CERTAIN BINGHAM COUNTY PROPERTY
NOT NECESSARY FOR USE IN BINGHAM COUNTY, IDAHO

WHEREAS, Idaho Code §31-808, gives the Board of County Commissioners the power
and authority to manage real and personal properly for the benefit of the counly; and

WHEREAS, the item below has a value less than $250,00; and

WHEREAS, the sale of the item would not generate additional income for the county;
and

THEREFORE BE IT HEREBY RESOLVED, by the Board of County Commissioners,
Bingham County, Idaho, that the following items may be sold as excess property:

Bingham County Probation Department

One (1) Avantco Fridge

DATED this 11" day of February, 2026.

BINGHAM COUNTY COMMISSION

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Bingham County Clerk

Bingham County Surplus Resolution 2026-11 Page Loft

20

PRIOR APPROVAL- IT DEPARTMENT
Present: Matt Galloway- IT Director

The Board met to hold discussion in regards to the submitted prior approval for purchase of Microsoft Email
and Office licenses. Said purchase is in the amount of $132,599.70, which is to be paid from Fund: 01-14-

0524-0001.

Decision: Commissioner Jensen moved to approve the submitted prior approval for purchase of
Microsoft Email and Office licenses. Said purchase is in the amount of $132,599.70, which is to be
paid from Fund: 01-14-0524-0001. Commissioner Jackson seconded. All voted in favor. The motion

carried.

MOTION FOR RECONSIDERATION SUBMITTED BY JOHN HEPTON IN REGARDS TO THE BOARDS
DECISION TO UPHOLD THE PLANNING & ZONING COMMISSION'S DECISION TO APPROVE THE
PINGREE | & Il TRUST CUP FOR AN EXPANSION OF AN EXISTING CONFINED ANIMAL FEEDING
OPERATION, WITH CONDITIONS

Present: Tiffany Olsen- Planning & Development Director
Paul Rogers- County Legal Counsel

At the onset of the meeting introductions were held for the record and Chairman Manwaring stated that the
original Conditional Use Permit application was heard by the Planning & Zoning Commission on August 13,
2025, there was an appeal filed and an Appeal Meeting was held before the Board of County
Commissioners on December 18, 2025. The formal Reason & Decision was approved and signed by the
Board of County Commissioners on January 9, 2026.

Pursuant to Bingham County Code Section 10-10-3 Reconsideration of a Decision by the Board of County
Commissioners, Applicants and Property Owners, Pingree | Trust and Pingree II Trust, filed a Request for
Reconsideration of the Board of County Commissioners’ written decision, conditionally approving the
Applicant’s Conditional Use Permit Application, which was received by Lindsey Gluch, Commission Clerk,
on January 23, 2026.

Paul Rogers, County Legal Counsel, confirmed that the Appeal was filed in a timely manner and therefore
meets the first burden of coming before the Board of County Commissioners. Mr. Rogers stated that the
Board of County Commissioners is now bound by the authority of Bingham County Code 10-10-3 and the
Board shall do one (1) of the three (3) options, which are as follows:

1) Affirrn the previous decision made.
2) Modify (only if the criteria below are met)
a. The substantial rights of the Appellant or affected party have been prejudiced
b. The underlying decision is:
i. In violation of constitution or statutory authority.
ii. Made by unlawful procedure.
iii. Not supported by substantial evidence
iv, Arbitrary, capricious, or an abuse of discretion.

Mr. Rogers explained that if the above criteria is met, the Board has the ability to modify the decision.

3) Reverse (only if the criteria below are met)
a, The substantial rights of the Appellant or affected party have been prejudiced
b. The underlying decision is:
i. In violation of constitution or statutory authority.
ii. Made by unlawful procedure.
lili. Not supported by substantial evidence
iv. Arbitrary, capricious, or an abuse of discretion.

21

Mr. Rogers explained that if the above criteria are met, the Board has the ability to reverse and overturn
the decision with the reasoning being placed on the record.

Mr. Rogers reviewed the process and reasoning for a Motion for Reconsideration being filed. After a
decision is made today by the Board of County Commissioners, individuals have the right to Appeal to

Judicial Review.

Chairman Manwaring stated when the decision was made on December 18, 2025, there were seven (7)
conditions placed on the Application. From those conditions, there were two in which John Hepton, Pingree
| Trust and Pingree II Trust, asked for reconsideration. Chairman Manwaring read from the Reconsideration,

which read as follows:

“I would like to propose the following reconsideration of the CAFO modifications dated January 9, 2026. Of
the 7 modifications there are two we would like partial reconsideration, numbers 3 and 6.

We interviewed several arborists and paid for certified arborist Eric Kerr to come to the feedlot and consult
for use on site. He has vast knowledge of the area and tree berms. He’s good with your stipulation of 4 ft
berm and 6 feet wide tree cover arrangement. However, he stressed the importance of the right kind of
trees and spacing to ensure a solid long term effective cover; he also stressed it’s hard to keep tree breaks
upright considering the wind in our area. He states that regardless of the kind of trees we plant it will take
10 years for them to fill in completely. If we plant too close together then the roots will not be strong enough
to avoid blow down. He mentioned that he worked with the Snake River Cemetery after their trees blew
down. We would like to put that tree berm on the east side of the property and wrap around to the north as
indicated on the map provided. We believe this will look good aesthetically but really won't provide great
dust protection. We would like to add a 14-foot straw berm on the south, east and most of the north side of
the feedlot (outlined on the map). We have already implemented this as a partial test on most of the east
side of the feedlot and it is a formidable barrier and looks good. It is taller than most tree berms, is a
complete barrier to dust and shields the feedlot visually for its surroundings. We would keep this berm up
permanently and the only time it would be in flux is when we change out the bales every 2-3 years to keep
good appearance and integrity of the wall. Therefore, we would have this massive barrier on the south, east
and most of the north side of the feedlot and additionally the tree berm requested on the east side and
partial northside of the feedlot which is visual to the neighbors and with the prevailing wind. (Pictures of the
barrier and map provided, yellow line shows complete straw barrier and green line tree berm).

On modification number 6, we agree and can comply with everything except that end guns will not be placed
in or at the ends of the corrals for the following reasons. The topography and lava rock are prohibitive to
add those. Also, the water truck with cannon is more effective for reaching and covering more complete

areas within the pens for dust control”.

Chairman Manwaring stated that he feels the proposed reconsideration of conditions 3 and 6 are great
ideas, especially with the concern that he had with how long it would take for trees to grow. The Board
asked the Applicants to meet with an Arborist in order to figure out the best type of tree to plant.

Commissioner Jackson stated that he also believes that tree barriers would act as a wind barrier in light of
taking several years for the young trees to grow up and then if a year is missed of watering, the applicant
will have to start over with the trees, wherein it could be twenty (20) years or more to get an established
tree barrier that would be the same effect as a straw barrier. Commissioner Jackson stated that he has
seen some straw walls, after they sit for one (1) year, almost disintegrate depending on the weather and
he is not sure how the cleanup would be as far as trying to clean up the straw. Commissioner Jackson
stated that he is impressed by the picture that was submitted of the straw barrier and that it may look good
now, but he is concerned about what it would look like in two (2) years.

Commissioner Jensen stated the straw barrier would break the wind and not put so much stress on the
young trees.

22

Commissioner Jackson stated he believed that the Applicants wanted to do the straw barrier instead of the
trees, wherein it was corrected that the Applicants are going to plant the trees, but the straw barrier would
be there until the trees are developed.

Ms. Olsen referred to the map submitted with the Motion for Reconsideration (Exhibit CCR-3 picture 1),
wherein the straw barrier is shown in yellow, and the placement of trees is shown in green. Ms. Olsen stated
there will be areas without trees and areas with straw barriers and trees.

Chairman Manwaring stated his concern was the need for changing out the straw barrier after so many
years, because they start collapsing but the new straw looks good and holds up.

Next, Chairman Manwaring referred to condition 6 and stated the point is to keep the dust down and the
Applicants have a water truck that could be used to cover more areas. Chairman Manwaring stated with
the lava rocks in some areas, it would be hard to put a line through the area.

Chairman Manwaring reiterated that he would agree with the proposed amendments to be made to
conditions 3 and 6, which were previously placed on the application.

Commissioner Jensen referred to condition 6 and stated that it is not that they are introducing something
new and that they asked to spray with the water truck versus the end guns because that is a part of the
stipulation of condition 6 is to spray with water truck or with end gun. Therefore, the Applicant is simply
asking not to use the end gun and use the water truck.

Commissioner Jackson stated the end result is the same and the ability to wet down the ground so that dirt
does now blow in the wind. Therefore, he is in agreeance and stated it would be a good measure.
Commissioner Jackson stated that trying to run pipelines through the lava rocks and rough terrain does not
work well or could be expensive. Therefore, the use of a water truck would be a good compromise.

Chairman Manwaring stated this winter is a good example and that there was moisture a few months ago,
but it turned frozen and dry. Chairman Manwaring stated there could be frost but there may still be dust and
a water truck could be used in those instances even during this time of year.

Chairman Manwaring stated after the Board has held its discussion and after review of the Motion for
Reconsideration, he feels that the criteria has been met to modify the decision that was previously made.
Commissioner Jensen and Commissioner Jackson both concurred.

Paul Rogers referred to the water issue and the statement from the Applicant, wherein they state that end
guns will not be placed in or at the end of the corrals as the topography and lava rock are prohibitive to add
them. Mr. Rogers stated that the county is requiring the Applicants to do something that they cannot fulfill
and therefore, their rights are prejudiced. Next, Mr. Rogers asked if the Boards decision to make the
Applicants install end guns supported by substantial evidence, to which it is as the Board did not know at
the time the decision was made, that there are lava rock and the topography prohibits end guns. Mr. Rogers
stated the Board now has better evidence, the criteria have been met, and the Board can proceed with

modifying the conditions if they so choose.

Chairman Manwaring stated that discussion was held in regards to the straw barrier and he is glad that the
Applicants stated they will change the straw every 2-3 years. Chairman Manwaring stated that could also
be placed within the conditions and the County Code Enforcement Officer could check to be sure that

conditions is being upheld.

Mr. Rogers stated after the discussion held, he would like to reiterate that requiring the Applicant to put
trees up and get a barrier, given the statement that the Applicant has made, they have already done a lot
of the homework that the Board has asked and met the conditions of meeting with an arborist (Eric Kerr).
That expert opinion is that planting too many trees as required, trees will fail and time is needed for them
to grow. Mr. Rogers stated where the substantial rights were violated by making the Applicants do
something that might be impossible, the criteria is met and the Board can proceed if they choose.

23

Chairman Manwaring stated that he feels the proposed modifications for conditions 3 and 6, both meet the
criteria and that they should be modified.

Commissioner Jackson asked for clarification and asked if the trees will be planted still or if the plan is to
only use straw bales. Ms. Olsen referred to the Motion for Reconsideration and stated that it reads that the
straw barriers would be kept permanently and only be taken down when the bales are changed out. Ms.
Olsen reiterated that the tree berm would be in addition to the straw berm and referred to the map stating
that the condition was for the area in yellow (shown on exhibit CCR-3 picture 1) to be trees. Ms. Olsen
stated that Mr. Hepton is proposing straw be placed in the yellow areas and trees in the areas in green to
enhance the visual aesthetics where the neighbors can see but leave the straw permanently because that

will help with dust and odor mitigation.

Mr. Rogers stated given what the arborist stated in regard to planting trees too closely and that they will
fail, he took that as spacing out the trees further, that may be a discussion for the Board to hold.

Ms. Olsen again reiterated that the tree breaks were placed on the north, east and south boundaries of the
feedlot, which is shown in Exhibit CCR-3 picture 1, but would implement the straw barrier in all other areas

except the west.

Chairman Manwaring referred to the Motion for Reconsideration and the massive barrier on the south, east
and most of the north side of the feedlot and additionally the tree berm request on the east side and partial
northside, which means they are still going to address the tree berm. Chairman Manwaring stated the
county just needs to be sure that there are trees planted with the help of the arborist.

DECISION

Commissioner Jensen moved to modify the conditions previously placed for Pingree I and II Trust,
as the Board of County Commissioners finds that the substantial rights of the Appellant have been
prejudiced and the underlying decision was not supported by substantial evidence, being that it
would take 10-20 years for the trees to grow to make a substantial windbreak and due to the lava
rock making it hard to provide the usage of end gun in the corrals. Commissioner Jensen stated
the following conditions would be modified as follows:

Modified Condition 3: Allow addition of a 14-foot straw barrier, on the south, east and most of the
north side as depicted on the map via yellow line (CCR-3 picture 1) and the bales will be changed
out every 2-3 years or as necessary. The trees will be planted according to the recommendation of
the Arborist, as depicted on the map via green line on the map (CCR-3 picture 1) on the east and

north side.

Modified Condition 6: For dust mitigation, to be administered via a water truck, on all gravel or dirt
roads and corral areas as needed to mitigate dust. If water application is insufficient, the Applicant
shall apply a dust suppressant chemical. Verification of the chemical application may be requested
by Planning & Development Services. Commissioner Jackson seconded.

Commissioner Jensen amended the motion to state that the Board of County Commissioners has
the authority to hear the Motion for Reconsideration and to modify the conditions pursuant to
Bingham County Code 10-10-3. Commissioner Jackson seconded. All voted in favor. The motion

carried.

Regulatory Takings: Additionally, the Applicant may request a regulatory takings analysis as per idaho
Code Section 67-8003. An affected person aggrieved by a final decision concerning matters identified in
Section 67-6521(1)(a), Idaho Code may within twenty-eight (28) days after all remedies have been
exhausted under local ordinance, seek Judicial Review as provided by Chapter 52, Title 67, Idaho Code.

24

THE MOTION PASSED TO DISMISS UNTIL FRIDAY FEBRUARY 13, 2026

G, CHAIRMAN

PAMELA W. ECKHARDT, CLERK
Lindsey Gluch- Commission Clerk--------------------------------0----------

STATE OF IDAHO )
: SS. Friday, February 13, 2026

County of Bingham =)

THE BOARD OF BINGHAM COUNTY COMMISSIONERS MET IN REGULAR SESSION. The following
matters were considered:

PRESENT: Commissioner Jackson- Temporary Chairman
Commissioner Jensen
Lindsey Gluch- Commission Clerk

EXCUSED: Chairman Manwaring

Commissioner Jensen moved to appoint Commissioner Jackson as Temporary Chairman. Commissioner
Jackson seconded. Commissioner Jackson seconded. Both voted in favor. The motion carried.

CASH WARRANTS

The Board approved Cash Warrants in the amount of $240,682.44, $501,760.24, $153,987.41, $30,541.94
and $1,440.00, for a total of $928,412.03.

CLAIMS

Claims were approved in the amount of $313,442.26.

PERSONNEL ACTION FORMS

The Board approved and signed Personnel Action Forms, which were as follows:

Salary Increase Form: Truck Driver
Motor Vehicle Specialist

NORTH IDAHO COLLEGE

The Board approved one (1) Certificate of Residency document, which was sent to the North Idaho College
for the following Bingham County student: Sandy Palacios Ramirez.

Decision: Commissioner Jensen moved to approve Cash Warrants, Claims, Administrative
Documents and Personnel Action Forms. Commissioner Jackson seconded. Both voted in favor.

The motion carried.
APPROVAL OF RESOLUTION 2026-12

The Board met to approve and sign Bingham County Resolution 2026-12, a resolution regarding the
destruction of records for the Assessors Office/Department of Motor Vehicles.

Decision: Commissioner Jensen moved to approve and sign Bingham County Resolution 2026-12,
a resolution regarding the destruction of records for the Assessors Office/Department of Motor
Vehicles. Commissioner Jackson seconded. Both voted in favor. The motion carried and said

resolution was approved as follows:

25

BINGHAM COUNTY
RESOLUTION 2026-12

RESOLUTION REGARDING THE DESTRUCTION OF RECORDS
FOR THE ASSESSORS OFFICE/DEPARTMENT OF MOTOR VEHICLES

WHEREAS the Bingham County Assessors Office/Department of Motor Vehicles
has requested permission to destroy certain records; and

WHEREAS the Idaho Code §31-871 empowers the Board of County
Commissioners with the responsibility for classifying records for purposes of retention and
destruction; and

WHEREAS the Assessors Office has represented that all records for which
destruction Is sought pertain to matters which have been concluded for the designated
period of time allowed in sections of Idaho Code; and

WHEREAS none of the records for which destruction is requested are those
required to be kept by the County permanently and indefinitely pursuant to I.C. §3 1-709;
Assessors Office
January 2025 Titles and Vin Inspection documents

THEREFORE, it is hereby resolved that: The Assessors Office files are hereby
classified as “temporary,” as defined in 1.C, §31-871(1)(d). Furthermore, such records may
now be destroyed.

Dated this 13" day of February 2026,

BINGHAM COUNTY COMMISSION

Whitney Manwaring, Chairman ~

son, Commissioner

TY Okt
Zs AY te es

Le ; at
Pamela W, Eckhardt
Bingham County Clerk

n, Commissioner

Bingham County Resolution 2026-12 Page 1 of 1

26

APPROVAL OF RESOLUTION 2026-13

The Board met to approve and sign Bingham County Resolution 2026-13, a resolution for destruction of
records for the Sheriffs Office.

Decision: Commissioner Jensen moved to approve and sign Bingham County Resolution 2026-13,

a resolution for destruction of records for the Sheriffs Office. Commissioner Jackson seconded.
Both voted in favor. The motion carried and said resolution was approved as follows:

27

BINGHAM COUNTY
RESOLUTION 2026-13

RESOLUTION REGARDING THE DESTRUCTION OF RECORDS
FOR THE SHERIFFS OFFICE

WHEREAS the Bingham County Sheriffs Office has requested permission to
destroy certain records; and

WHEREAS the Idaho Cede §31-871 empowers the Board of County
Commissioners with the responsibility for classifying records for purposes of retention and
destruction; and

WHEREAS the Sheriffs Office has represented that all records for which destruction
is sought pertain to matters which have been concluded for the designated period of time
allowed in sections of Idaho Code; and

WHEREAS none of the records for which destruction is requested are those
required to be kept by the County permanently and indefinitely pursuant to 1.C. §31-709;
SHERIFFS OFFICE

See Attached “Exhibit A”

THEREFORE, it is hereby resolved that: The Sheriffs Office files are hereby
classified as “temporary,” as defined in 1,C. §31-871(1)(d). Furthermore, such records may
now be destroyed.

Dated this 13!" day of February 2026.

Vi Avon, BINGHAM COUNTY COMMISSION

At dhe ——

rew Jergen, Commissioner

Bingham County Clerk

Bingham County Resolution 2026-13 Page 1 of 1

28

* *

BINGHAM COUNTY

—— SHERIFF JEFF GARDNER
(208) 785-4440

801 N, MAPLE ST. #408

BLACKFOOT, ID 83221

County Records Destruction list
February 03, 2026

Bingham County Sheriff's Office Records Is requesting approval for destruction of the following
items:

Box 1: Jail Jackets # 26355-26387
Box 2: Jail Jackets # 26388-2442)
Box 3: Jail Jackets # 29630-26451
Box 4: Jail Jackets # 26455-26488
Box & Jail Jackets # 26489-26524
Box 6: Jail Jackets # 26525-26554
Box 7: Jall Jackets # 26557-2659]
Box 8: Jail Jackets # 26592-26637
Box 9: Jall Jackets # 26642-2668)
Box 10: Jail Jackets # 26682-26730
Box 11; Jail Jackets # 26731-26784
Box 12: Jail Jackets # 26109-26142
Box 13: Jail Jackets # 26048-26108
Box 14: Jall Jackets # 26143-26173
Box 15: Jail Jackets # 26206-26243
Box 16: Jail Jackets # 26124-26205
Box 17: Jail Jackets # 25969-26011
Box 18: Jail Jackets ## 26040-26083
Box 19: Jall Jackets # 26012-26038

Kaitlin Smith
Records Clerk

KimberLee Arms
Office Manager

29

REQUEST FOR DISCOUNTED OR WAIVER OF CTS FEES FOR NON-PROFIT CALLED BLESS
BLACKFOOT- REQUESTED BY MELISSA HELTON

Present: Melissa Helton- Bless Blackfoot President
Amber Herr- Bless Blackfoot Secretary
Dusty Whited- Public Works Director

The Board met to hold discussion in regard to the submitted request for discounted or waiver of CTS fees
for the Non-Profit called Bless Blackfoot.

Ms. Herr stated that Bless Blackfoot was created in 2023. They take donations year-round from the
community and four times per year they hold a free yard sale day at the Moreland building in Moreland.
There are approximately 500 people that attend each event. All of the items or boxes that cannot be utilized
are thrown away. Typically, there are two dump trailers per event that are in the approximate amount of
$50.00 each time.

Mr, Whited stated that he had no concerns in regard to the submitted request.

Decision: Commissioner Jensen moved to waive the CTS dumping fees for Bless Blackfoot.
Commissioner Jackson seconded. Both voted in favor. The motion carried.

THE MOTION PASSED TO DISMISS UNTIL WEDNESDAY FEBRUARY 18, 2026

MELT a

PAMELA W. ECKHARDT, CLERK
Lindsey Gluch- Commission Clerk---------------------------7------7-7

30

STATE OF IDAHO )
'ss. Wednesday, February 18, 2026
County of Bingham _)

THE BOARD OF BINGHAM COUNTY COMMISSIONERS MET IN REGULAR SESSION. The following
matters were considered:

PRESENT: Commissioner Jackson- Temporary Chairman
Commissioner Jensen
Lindsey Gluch- Commission Clerk
EXCUSED: Chairman Manwaring

Commissioner Jackson moved to appoint Commissioner Jensen as Temporary Chairman due to
the absence of Chairman Manwaring. Commissioner Jensen seconded. Both voted in favor. The
motion carried.

APPROVAL OF COMMISSIONERS AGENDA
The Board met to approve the Commissioners Agenda as posted.

Decision: Commissioner Jackson moved to approve the Commissioners Agenda as posted.
Commissioner Jensen seconded. Both voted in favor. The motion carried.

SHERIFFS OFFICE

Present: Jordyn Nebeker- Chief Deputy Sheriff

The Board met with Chief Deputy Nebeker to receive updates from within the Sheriffs Office.
Commissioner Manwaring returned to meetings and resumed as Chairman.

PUBLIC WORKS

Present: Dusty Whited- Public Works Director
Kraig Edwards- Weeds Superintendent
Troy Lenhart- Road & Bridge Supervisor
Shawn Oleson- Citizen

The Board met with Dusty Whited to received updates from within the Public Works Department, along with
other agenda items.

Discussion was held in regard to the request submitted by Shawn Oleson for noxious weeds in Bingham
County and funding that is available through the state. Commissioner Jensen recused himself from this
discussion and decision, due to his involvement with the Eastern Idaho Grazing Association.

Mr. Oleson explained that the Department of Agriculture has a grant to assist with spraying noxious weeds
and he has been involved with that for 2 years, but a part of Bingham County has been participating for 3
years. This grant would be used to purchase chemicals to spray noxious weeds, but Mr. Olsen stated that
he and several others have had to go through Bonneville County and Fremont County to purchase the
spray and has been reimbursed by the grant funding. Mr. Olsen proposed that Bingham County purchase
the chemicals and be reimbursed by the grant funding, as this spraying is being done within Bingham
County. Mr. Oleson stated that he is part of a similar program in Caribou County and the county mixes the
chemical for residents and allows them to pick up to use for spraying.

31

Mr. Whited suggested that the county fund $100,000.00 and if approved for the grant, $80,000.00 would
be covered by grant funding. Mr. Whited stated that he spoke with Clerk Eckhardt in regard to setting up a
trust account if this matter is approved by the Board. Mr. Whited stated there was a trust previously, but it
was closed because the program had ended and the Auditor stated if it was not used for funds going in and
out, it needed to be closed. Therefore, Clerk Eckhardt stated that she would speak with the Auditor to see
if it is possible to reopen a trust that has been closed. Clerk Eckhardt stated that if it is possible, it could be
reopened and the Board would need to decide where the funds should come from, for instance PILT to
start the fund and then the weed levy could be increased next year to assist with covering costs. Chairman
Manwaring stated that the budget would need to be opened at the end of the year as there was only a
certain amount budgeted for this year, but it would be reimbursed.

Clerk Eckhardt asked for clarification in regard to who would be managing payment of the claims, to which
Vir. Whited stated that the Weed Department would do so.

The Board was in favor of the County purchasing the chemical, will be reimbursed and that the CWMA
would pick up the chemical once it arrives at the Public Works Shop and will be responsible for it from then
on. Clerk Eckhardt will check with the Auditor to see if a trust can be reopened and funds will be moved
from PILT to fund this purchase which will be reimbursed through grant funding.

Decision: Commissioner Jackson moved to approve that Bingham County participate with the
CWMA Noxious Weed Program in Bingham County and work with landowners to apply for grant
funding and be reimbursed from the State Program. This will be opening up the Weed Trust Fund,
if approved by the Auditor, for this transaction. Chairman Manwaring added that this funding will
be started with funding from PILT in the amount off $100,000.00, the budget will need to be opened
to acknowledge that funds were transferred but will be reimbursed from State Grant Funding.
Chairman Manwaring seconded. Both voted in favor. The motion carried.

Next, discussion was held in regard to the proposed Memorandum of Understanding between the City of
Shelley and Bingham County, idaho. Mr. Whited explained the purpose of the Memorandum of
Understanding is to clearly identify the roles and responsibilities of each party as they relate to right-of-way,
storm drainage system, and storm drainage pond maintenance responsibilities and establishment of a fee
that will be assessed for the same in the Copper Meadows II Division One Subdivision.

The Board had no concerns.

Decision: Commissioner Jensen moved to approve and sign the Memorandum of Understanding
between the City of Shelley and Bingham County, Idaho. Commissioner Jackson seconded. All
voted in favor. The motion carried.

Next, discussion was held in regard to the submitted prior approval for purchase of a new copier, scanner
and printer for the Solid Waste Department. Said purchase is in the amount of $10,669.25 and is to be paid
from Fund: 23-70-0899-0009.

Decision: Commissioner Jackson moved to approve and sign the prior approval for purchase of a
new copier, scanner and printer for the Solid Waste Department. Said purchase is in the amount of
$10,669.25 and is to be paid from Fund: 23-70-0899-0009. Commissioner Jensen seconded. All voted
in favor. The motion carried.

PROSECUTORS OFFICE

Present: Ryan Jolley- Prosecuting Attorney

The Board met with Ryan Jolley to receive updates from within the Prosecutors Office.

32

WEEKLY UPDATE MEETING WITH PAUL ROGERS, COUNTY LEGAL COUNSEL
Present: Paul Rogers- County Legal Counsel

The Board met with Paul Rogers to receive updates on county civil matters.
PLANNING & DEVELOPMENT

Present: Tiffany Olsen- Planning & Development Director

The Board met with Tiffany Olsen to receive updates from within the Planning & Development, along with
other agenda items.

Discussion was held in regard to the Full Satisfaction of Development Agreement for Cedar Estates Division
3. The Board had no concerns in regard to the proposed document.

Decision: Commissioner Jackson moved to approve and sign the Full Satisfaction of Development
Agreement for Cedar Estates Division 3. Commissioner Jensen seconded. All voted in favor. The
motion carried.

Discussion was held in regard to the proposed Development Agreement and Final Plat for Alaska Acres.
The Board had no concerns.

Decision: Commissioner Jensen moved to approve and sign the Development Agreement and Final
Plat for Alaska Acres. Commissioner Jackson seconded. All voted in favor. The motion carried.

THE MOTION PASSED TO DISMISS UNTIL FRIDAY FEBRUARY 20, 2026

PAMELA W. ECKHARDT, CLERK
Lindsey Gluch- Commission Clerk--------------------------------------

STATE OF IDAHO )
:Ss. Friday, February 20, 2026
County of Bingham _)

THE BOARD OF BINGHAM COUNTY COMMISSIONERS MET IN REGULAR SESSION. The following
matters were considered:

PRESENT: Chairman Manwaring
Commissioner Jackson
Commissioner Jensen
Lindsey Gluch- Commission Clerk
APPROVAL OF COMMISSIONERS AGENDA

The Board met to approve the Commissioners Agenda as posted.

Decision: Commissioner Jensen moved to approve the Commissioners Agenda as posted.
Commissioner Jackson seconded. All voted in favor. The motion carried.

CLAIMS

Claims were approved in the amount of $222,494.23.

33

PERSONNEL ACTION FORMS
The Board met to approve Personnel Action Forms, which were as follows:

New Employee Status Sheet: Emergency Communications Officer
Salary Increase Form: Driver’s License Examiner

Detention Deputy

Detention Deputy

Detention Deputy

Detention Deputy

Patrol Sergeant

Patrol Sergeant

Patrol Deputy

Administrative Assistant/(Commissioners

Deputy Court Clerk

Deputy Clerk/Jury Commission/Recorder

Decision: Commissioner Jackson moved to approve Cash Warrants, Claims, Administrative
Documents and Personnel Action Forms. Commissioner Jensen seconded. All voted in favor. The
motion carried.

APPROVAL OF BINGHAM COUNTY SUNDAY EXEMPT PERMIT FOR PINDALE LANES BOWLING
TOURNAMENT TO TAKE PLACE ON MARCH 1, 2026

The Board met to approve the Bingham County Sunday Exempt Permit for Pindale Lanes Bowling
Tournament to take place on March 1, 2026.

Decision: Commissioner Jensen moved to approve the Bingham County Sunday Exempt Permit for
Pindale Lanes Bowling Tournament to take place on March 1, 2026. Commissioner Jackson
seconded. All voted in favor. The motion carried.

APPROVAL OF TAX INQUIRY FORM

The Board met to approve and sign Tax Inquiry Form submitted by the County Assessor, which are as
follows:

MH342S35C004A Year 2025 Mobile Home was double assessed

Decision: Commissioner Jackson moved to approve and sign the Tax Inquiry Form submitted by
the County Assessor. Commissioner Jensen seconded. All voted in favor. The motion carried.

DISCUSSION & DECISION REGARDING MEMORANDUM OF AGREEMENT DOCUMENTS FOR 3B
DETENTION ALLOWING DISTRICT 6 COUNTIES TO RENT SPACE WITHIN THE 3B DETENTION, WITH
APPROVAL TO ALLOW COMMISSIONER JENSEN TO SIGN SAID DOCUMENTS

Present: Pamela Eckhardi- County Clerk

The Board met to hold discussion and make a decision regarding a Memorandum of Agreement for 3B
Detention to allow District 6 counties to rent space within the 3B Detention Center, with approval to allow
Commissioner Jensen to sign said Agreement.

Commissioner Jensen stated that it has been so expensive for the 5C area to operate their detention facility
that they will be closing and through agreements it will be presented to those counties to rent space within
3B so long as it is available. Commissioner Jensen stated that Bonneville, Bingham and Butte (3B Counties)
would have first chance for the bed space. This will lower costs if bedspace is utilized versus just half or
less.

34

The Board was more in favor of waiting until there is a finalized Memorandum of Agreement that is ready
for signatures.

Legal Counsel has reviewed the proposed agreement with no concerns. There was no decision made on
the record and a follow-up meeting will be scheduled at a later date for approval and execution of the
document.

RESOLUTION 2026-14

The Board met to approve and sign Bingham County Resolution 2026-14, a resolution regarding the
destruction of records for the Sheriffs Office.

Decision: Commissioner Jensen moved to approve and sign Bingham County Resolution 2026-14,
a resolution regarding the destruction of records for the Sheriffs Office. Commissioner Jackson
seconded. All voted in favor. The motion carried and said resolution was approved and signed as
follows:

35

BINGHAM COUNTY
RESOLUTION 2026-14

RESOLUTION REGARDING THE DESTRUCTION OF RECORDS
FOR THE SHERIFFS OFFICE

WHEREAS the Bingham County Sheriffs Office has requested permission to
destroy certain records; and

WHEREAS the Idaho Code §31-871 empowers the Board of County
Commissioners with the responsibility for classifying records for purposes of retention and
destruction; and

WHEREAS the Sheriffs Office has represented that all records for which destruction
is sought pertain to matters which have been concluded for the designated period of time
allowed in sections of Idaho Code; and

WHEREAS none of the records for which destruction is requested are those
required to be kept by the County permanently and indefinitely pursuant to I.C. §31-709;
SHERIFFS OFFICE

See Attached “Exhibit A"

THEREFORE, it is hereby resolved that: The Sheriffs Office files are hereby
classified as “temporary,” as defined in I.C. §31-871(1)(d). Furthermore, such records may
now be destroyed.

Dated this 20" day of February 2026,

BINGHAM COUNTY COMMISSION

%.

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ATTEST: ,. COUNT |

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/ Pamela W. Eckhardt
Bingham County Clerk

rew Jensén, Commissioner

Bingham County Resolution 2026-14 Page 1 of 1

36

BINGHAM COUNTY
SHERIFF JEFF GARDNER
(208) 785-4440
501.N. MAPLE ST, #405
BLACKFOOT, ID 83221

County Records Destruction list
February 17, 2026

Bingham County Sheriff's Office Records is requesting approval for destruction of the following
items:

Box I: Jail Jackets # 25492-25531

Box 2: Jail Jackets # 25532-25578
Box 3: Jail Jackets # 25580-25611

Box 4: Jail Jackets # 25612-25658
Box 5: Jail Jackets # 25659-25694
Box 6: Jail Jackets # 25695-25735
Box 7: Jail Jackets # 25736-25767
Box 8: Jail Jackets # 25768-25804
Box 9: Jail Jackets # 25810-25853
Box 10: Jail Jackets # 26244-26281
Box fl: Jail Jackets # 26282-26316
Box 12: Jail Jackets # 26317-62348
Box 13: Jail Jackets # 26349-25491

Kaitlin Smith
Records Clerk

KimberLee Arms
Office Manager

DISCUSSION WITH SEVENTH JUDICIAL REGARDING PROPOSED ADDITIONAL DISTRICT JUDGE
FOR BINGHAM COUNTY, WITH POTENTIAL DECISION- REQUESTED BY CLERK ECKHARDT

Present: Pamela Eckhardt- County Clerk
Alayne Bean- Trial Court Administrator Idaho Seventh Judicial District
Darren Simpson- District Court Judge

The Board met to hold discussion in regard to the proposed additional District Court Judge position for
Bingham County.

Alayne Bean explained that the case numbers since 2012 have increased tremendously and last year in
the Legislative Session, it was approved for a new District Judge for Bonneville County and that position
started on July 1 of 2025. Ms. Bean stated with the case numbers increasing when that judge came in,

37

instead of seeing a reduction in case numbers, the case numbers increased even more because of increase
in filings. Ms. Bean stated the criminal filings throughout the state are a little bit down but, in our district,
they have increased and the civil filings everywhere have increased.

Ms. Bean stated that it is proposed to get another dedicated spot in Bingham County, which would then
mean that Judge Clark would not need to come to Bingham County and he would be sent elsewhere.
Currently Judge Simpson is needed full-time in Bingham County, but he is currently assisting in other
counties. A second position could be placed in Bingham County to replace Judge Clark and then he could
decide whether to continue assisting with other counties or the new person could do that. Whoever is
clerking for Judge Clark could continue clerking for whomever could be placed in Bingham County. Ms.
Bean stated that Madison County is currently the fiscal agent and each county pays their share to Madison
County.

Judge Simpson stated if this is approved, there is sufficient office space for the new position.

Ms. Bean stated in order to proceed with this request, she would need a letter of support to provide to the
Supreme Court.

The Board was in favor of the submitted request and found that it would be beneficial to have an additional
District Judge position.

Decision: Commissioner Jackson moved to approve signing a letter of support in regard to an
additional District Judge position for Bingham County. Commissioner Jensen seconded. All voted
in favor. The motion carried.

EXECUTIVE SESSION

The Board met to hold an Executive Session pursuant to Idaho Code §74-206(1)(a)&(b), to consider
personnel matters. Commissioner Jensen moved to go into Executive Session pursuant to Idaho Code §74-
206(1)(a)&(b), to consider personnel matters. Commissioner Jackson seconded. Both voted in favor. The
Board moved into Executive Session at 9:39 a.m. Commissioner Jensen moved to go out of Executive
Session. Commissioner Jackson seconded. The Board moved out of Executive Session at 10:08 a.m.

Decision: Commissioner Jensen moved to approve an increase for the Planning & Development
employee discussed within Executive Session from N19, Step 5 to N19, Step 7, due to completion
of certification to be a Building Inspector and his work ethic. Commissioner Jackson seconded. All
voted in favor. The motion carried.

Commissioner Jackson moved to approve that the Probation Department Staff be able to donate 26
hours of PTO in order for the individual discussed within Executive Session to take personal leave
and maintain his position. Commissioner Jensen seconded. All voted in favor. The motion carried.

THE MOTION PASSED TO DISMISS UNTIL WEDNESDAY FEBRUARY 25, 2026

PAMELA W. ECKHARDT, CLERK
Lindsey Gluch- Commission Clerk--------------------------------74----------------- ==" -------

38

STATE OF IDAHO )
:SS. Wednesday, February 25, 2026
County of Bingham =)

THE BOARD OF BINGHAM COUNTY COMMISSIONERS MET IN REGULAR SESSION. The following
matters were considered:

PRESENT: Chairman Manwaring
Commissioner Jackson
Commissioner Jensen
Lindsey Gluch- Commission Clerk
APPROVAL OF COMMISSIONERS AGENDA

Decision: Commissioner Jensen moved to approve the Commissioners Agenda as posted.
Commissioner Jackson seconded. All voted in favor. The motion carried.

PUBLIC HEARING TO INCREASE FEES FOR THE BINGHAM COUNTY SHERIFFS OFFICE
Present: Jeff Gardner- Sheriff

Jordyn Nebeker- Chief Deputy Sheriff

Chad Kent- Bingham County Sheriffs Office Sergeant

Paul Rogers- County Legal Counsel
The Board held a Public Hearing to increase fees for the Bingham County Sheriffs Office.

Paul Rogers, County Legal Counsel, explained the process that is required in order to hold the Public
Hearing before the Board today.

Jordyn Nebeker, Chief Deputy Sheriff, explained the proposed fee changes, which are as follows:

39

@ BINGHAM COUNTY SHERIFF -FEE SCHEDULE

LC, §31-3203
Exhibit A

Process

Service Fee/Return Fee

Deposit

Service & Process of dacument/s on each individual
or location that is to be served.

= ABC . ne nen

Actual Costs
ActualCosis

Moving Expenses
“Storage of Property

There may be an
influx inthe deposit
required duc to the
size of vehicle or
property that is to be
executed upon,
Plaintiff will be
responsible for actual
costs that are above
the deposit amount
that are incurred,

See personal property
execution section below
for further information

$3,000.00
Minimum
Plaintiff responsible
for additional fees that
are incurred,

Affidavit and /or Order $50.00
Certified Mail/Postage Actual Cost
Certificate of Sale $15.00
Complaint $50.00
Cross-Complaint $50.00
Injunction $50.00
Moving/Storage Actual Cost
Natice $50.00
Notice of Levy $15.00
Notice to Pay/Quit-Vacatc $50.00
Notice of Sale $15.00
Notice of Trustees Sale $50.00
Order $50.00
Order to Appear or Examine $50.00
Order to Show Cause $50.00
Postings $10.00 ca.
Civil Protection Order (issued by court) No charge
Restraining Order (issued by attorney) $50.00
Returned Check Fee $30.00
Sinall Claims $50.00
Subposna - Civil $50.00
Subpoena ~ Crimina! $50.00
Summons/Complaint 350.00
Summons/Petition $50.00
Writ of Execution — Garnishment $50.00
Warrant of Distraint $60.00
Warrant of AttachmenCivil Arrest $100.00
Writ of Attachment/Assistance $75.00
Writ of Exccution/Assistance - Personal Property $100.00
Writ of Possession/Assistance - Personal Property $100.00
Limited Alternative Remedy to Remove Unauthorized $150.00
Persons from Residential Real Property (Complaint)

Writ ofRestitution/Assistance

(If occupants voluntarily remove themselves) $75.00
Writ of Restitution/Assistance

(if occupants do not voluntarily remove $150.00
themselves) (Plaintiff is responsible for locksmith

and any additional fees incurred.)

(if the sheriff is required to forcibly remove subject/s $300.00
and levy on goods and chattels, then an additional ,
fee will be charged including additional deputies

and deputy overtime pay if needed.)

Deputy average wage/benefits @ regular hourly $29.33

40

Sheriff's Sale Fees on Writ of Execution:

PERSONAL PROPERTY:

Service Fee/Return Fee Deposit

Sheriff 8 Commission without Levy fi for each ¢ action.

_ Writ of Execution/Assistance $100.00 $175.00 ;
Notice of Levy $15.00 If executing ona
Notice ofSale eee $15.00 vehicle an additional
PostEachNotice  sti‘sé;!C*dSCOC*;!CCC« OOO a deposit inthe
Publication nen __Astual Cost | $400,00 per vehicle
“Sheriff's Commission indold for Personal or Not to exceed will be incurred for
pony " $100.00 tow fees. Any

deposited funds that

Not to exceed are not utilized will

Real Property Levied and Sold

aying over money on execution or other proress,

($1,000), two percent (2%); on all sums above that

laf real estate ahail his complssion exceed the a1
of .. $200.00

When the amount of such eale is credited or
the debt and no money is transferred, then one
alt 1/2) of such coneission.

Sheriff's Commission without Levy for cach action.

Sheriffs Commission on each Levy for Personal or
Real Property that is not sold or the sale is
cancelled,

Commission Credit it Bide Piaintiff Only

Certificate of Sale ee

31-3203 ~ For commissions for receiving and

nen land or personal proparty has baen levied on
and sold, on the first one thousand dollars

layount, one percent (14); but in no case of sale

a _. _ STS. 00 ee be returmed to the

Sheriffs Commission on cach Levy for Personal or Not to exceed ploiwren dor their

Real Property that is not sold or the sale is cancelled $75.00 B :

by plaintiff,

Commission Credit Bid-Plaintiff Only $50.00

Storage of Property Actual Cost

Towing of Vehicle Actual Cost

Certificate of Sale $15.00

Sheriff's Deed $15.00

REAL PROPERTY: |
“Writ of Bxecution/Assistance $150.00

Notice of Levy $15.00 $800.00
Notice of Sale $15.00
; u hNe Notice _ $10.00 2

Publication _ a ee _ ~ Actual Cost

Cortified Mail Actual Cost

‘Sheriff s Commission for cach Levy for Personal or Not to exceed

$100.00

Not to exceed
$75,00

Not to exceed
$75.00

“$50, 00

$15.00

Sheriffs Deed

$15.00

41

Recording of documents “Actual Cost = =
Certificate of Redemption _ $15.0 oOo

GARNISHMENT:
“One Time Garnishment —— $50.00

“Continuing Garnishment $50.00

Interim Return —_ a $10.00

Recording of any documents

‘Actual Costs

Copying/Printing of any legal documents
including Notice of Garnishment and Claim of
Exemption Packet

$1.00 per page

onesie cinta

‘CONCEALED WEAPONS:

New Concealed Weapons Permit $60.00
Renewal on an existing Concealed Weapons Permit $45.00
$15.00

Fingerprint Cards

RECORDS REQUEST:

There is no cost for copies under 100 pages, over 100
pages will be charged the actual cost of copies. Ifyou
aye requesting copies of photograplis, tapes or videos
YOU must provide a 16GB thumb drive and pay a
$2.00 fee for copying. There will be a charge if
nonpublic information must be redacted. Actual

cost of emptoyee’s time to locate and copy the records
if it exceeds 2-person hours- if il requires overtime it
will be charged at 1 % times their wage. All costs must

be prepaid. tenn

If any of the civil processing items that have their own listed fee schedule

that is above $50 are receipted and processed, but are not served duc to the

withdrawal from the petitioner / plaintiff / defendant or legal counsel, at

minimum, a $50 Administrative Processing Fee will still be collected along

with any other fees that may have been incurred.

Ifatany time, the Sheriffs Office needs to call in additional deputies to
facilitate the proper service of documents and/or for the execution of
property, an additional fee will be charged including current deputies’

average wages/bencfits at regular hourly wage and overtime pay if needed.

Towing of vehicle per execution, advance deposit required -actual cost
Movingexpenses: advancedeposit required-actual cost

Recording of documents -actual cost
Publication costs -actual cost

After a lengthy survey of other Sheriffs Offices in the State of Idaho, the Bingham County Sheriff's

Office is requesting that the fees collected be changed accordingly.

42

Chairman Manwaring opened the Public Hearing for testimony, wherein there was no testimony in favor,
neutral or opposition.

Commissioner Jackson stated that he had no concerns.

Commissioner Jensen stated that the cost of business is increasing and he is in favor of the proposed fee
increases.

Decision: Commissioner Jackson moved to approve the proposed fee increase for the Bingham
County Sheriffs Office, which will be done via resolution that the Board will sign upon approval.
Commissioner Jensen seconded. All voted in favor. The motion carried.

Next, testimony was received in regard to the proposed amendment of Bingham County Code Title 5,
Chapter 3, Towing Companies.

Sgt. Chad Kent reviewed the proposed amendments for the record, which were as follows:

5-3-8: APPROVAL REQUIRED; YEARLY INSPECTIONS:

B. Tow companies must maintain a permanent and established place of business or secure impound
yard either within Bingham County or within 2.5 miles of Bingham County. Any Bingham County wrecker
rotation tow that is south of 600 South Highway 39 will utilize tow companies with impound lots located
South of Firth, Idaho, city limits (Or is 600 North a better wording) due to extended response time. Tow
companies shall promptly notify the Bingham County Sheriff's Office of any change of address. (Ord. 2015-
02, 5-26-2015)

5-3-10: RANDOM INSPECTIONS; VIOLATIONS; HEARINGS:

C. Suspensions And Revocations: If a Sheriffs Office employee finds that any of the following violations
have been committed, the violation(s) will be reported to the Sheriff or his designee. The Sheriff or his
designee shall issue an immediate twenty four (24) hour suspension of the tow company's law enforcement
tow privileges, and may invoke suspension of said tow company for more than three (3) days:

1. Failure to respond to a dispatch request for a law enforcement tow more than three (3) times
in a three (3) month time period.

§-3-13: TOW COMPANY REQUIREMENTS AND OPERATING PROCEDURES:
Tow companies approved to perform law enforcement tows must:

A. Maintain twenty four (24) hour towing services, be available seven (7) days per week. A maximum of
two (2) phone numbers will be called. In the event a tow company is out of service for any reason, a phone
call to dispatch advising of the no call out status is required. A second phone call is also required advising
of back in service status. This will avoid the consequences outlined in subsection 5-3-10C1 of this chapter.

B. Notrefuse to provide a law enforcement tow more than two (2) times in any calendar month. Remove
added above

C. Arrive at the accident within a reasonable time after having been notified to do so by dispatch. Such
response time shall not exceed Forty-five (45) minutes. To the extent the tow company is unable to respond
within Forty-five (45) minutes, the tow company must notify dispatch of its estimated arrival time. This
response time does not apply to the Atomic City or Backcountry areas, where extended response time is
inevitable.

F. When authorized by the law enforcement agency, the wrecked or disabled vehicle shall be delivered
to the impound listed on the application for acceptance to the tow rotation, unless directed by Law
Enforcement, the titled owner, or designee. An itemized statement of charges shall be provided to the
vehicle owner upon request.

43

Feedback from those in attendance was received as follows:

Shane Bowers, Bowers Collision, referred to Section 5-3-8(b), and stated that he does not understand why
counties that are located outside of Bingham County are being added to the rotation and what the reason
is behind that occurring because individuals that pay taxes in Bingham County and register trucks within
the county, have invested the resources. Mr. Bowers stated to allow companies outside of Bingham County
does not make sense to him when no other counties allow it.

Sgt. Kent stated that it was found to be justified in the case that if there were a crash at mile marker 98 on
the interstate or 101, that those wreckers that are closer to 113 could get there faster to assist in clearing
the road, time and mileage.

CJ Eaton, Eaton Towing, explained the amount of taxes that he pays for his company within Bingham
County, along with the Lindsey’s who also pay a large amount of taxes within Bingham County. Mr. Eaton
explained that his company was one of the first companies to be approved to be within the rotation and
they have been able to get to most incidents faster than others.

Chief Deputy Nebeker stated being present when the decision was made to add the other companies,
safety played the biggest role in trying to have a quick response time and complete removal of any vehicles
in a timely manner so as to not cause other accidents. With the growth in Bingham County, it is also
important to get the deputies back to patrol and off of an accident scene in a timely manner.

Shane Bowers stated that he has talked with several of the deputies who informed him that extended
response times that are coming from those outside companies are extreme. Mr. Bowers stated that his
company could be on a scene and have it cleaned up before an outside company arrived to start their
recovery.

Chairman Manwaring stated all comments provided today would be taken into consideration and Sgt. Kent
will work with all parties involved to make proposed amendments prior to the Public Hearing.

Nothing further.
PUBLIC WORKS

Present: Dusty Whited- Public Works Director
Adam French- North End Recreation District
Chris Sheetz- North End Recreation District

The Board met with Dusty Whited to discuss updates within the Public Works Department, along with other
agenda items.

Discussion was held in regard to the request submitted by Chris Sheetz for traffic counter usage for the
North End Recreation District in Shelley. Ms. Sheetz explained that a traffic impact study is to be completed
and in order to keep costs down, they would like to request that the county participate in putting up the
traffic counters and the information that comes from that study will be provided to their consultant.

Mr. Whited stated that he has no issues with the submitted request. Mr. Whited stated there is a list of
intersections on the traffic impact study that need to be evaluated and it would be at the intersections that
are required but that he did not have that list with him.

The Board had no issues with the submitted request.

Decision: Commissioner Jensen moved to approve that the North End Recreation District use

county traffic counters at no cost. Commissioner Jackson seconded. All voted in favor. The motion
carried.

44

Discussion was held in regard to the summer hours of operation for the Solid Waste Department, which
have not changed but are to be approved yearly by the Board.

The Board had no issues.

Decision: Commissioner Jackson moved to approve the summer hours of operation for the Solid
Waste Department. Commissioner Jensen seconded. All voted in favor. The motion carried.

MEETING TO RECEIVE THE PLANNING & ZONING COMMISSION’S RECOMMENDATION TO
APPROVE THE APPLE GROVE ESTATES SUBDIVISION ON LAND ZONED
RESIDENTIAL/AGRICULTURE, CONSISTING OF APPROXIMATELY 12.82 ACRES, LOCATED ON
PARCEL NUMBER RP0328200, FOR APPLICANTS ROB & LAREE WRAY

Present: Addie Jo Jackman- Planning & Development Assistant Director
Chris Street- HLE

The Board met to receive the Planning & Zoning Commission’s recommendation to approve the Apple
Grove Estates Subdivision on Land Zoned Residential/Agriculture, consisting of approximately 12.82 acres,
located on Parcel Number RP0328200, for Applicants Rob & Laree Wray.

Prior to the Meeting, the Board of County Commissioners, reviewed the Application and materials submitted
by the Applicants along with the Staff Report and all supplemental maps, notices and other materials.

REASON

After presentation of the Staff Report by Addie Jo Jackman, Assistant Planning & Development Director,
the Board of County Commissioners held discussion and deliberation, wherein they found the following:

1. The Application met the requirements of Bingham County Code Title 10, Chapter 14, Subdivision
Regulations, and

2. The Application met the requirements of Bingham County Code Section 10-4-2(C), which states
that the purpose of the “R/A” Zone is to permit the establishment of low-density single-family
dwellings with lot sizes sufficient for individual sewer and water facilities. The Board found the area
surrounding the proposed subdivision to the north, west, and south is zoned Residential/Agriculture
and features existing residential subdivision developments and a combination of farm/residential
development with lands to the east zoned Residential, including the Groveland Townsite; and

3. The Application met the requirements of Bingham County Code Sections 10-6-6(B)(1) as the
proposed lots exceed the 1-acre minimum allowed in a Residential/Agriculture Zoning District with
individual culinary wells, septic systems, and drainfields on each lot. The Board found that
connection to a community water or sewer system is not required under Idaho Code Section 42-
3212 because the distance from available connections exceeds 200 feet from the proposed
subdivision. Additionally, testimony was provided by the Applicant’s Representative, both in the
form of an engineered estimate and in verbal testimony, that established that extension of
community utilities would not be economically feasible for the proposed density, which supported
the Boards decision to recommend individual culinary wells, septic systems, and drainfields; and

4. Adequate access to all lots will be extended from 400 W. Groveland Road through an existing 50-
foot-wide easement/private road that will be converted into a new county road, to be known as
Baton Rouge Lane. The new county road is proposed to terminate in a temporary turnaround that
will be removed/vacated at such time, ifAvhen Baton Rouge Lane extends to the west; and

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5. The subdivision will be irrigated utilizing ten (10) water shares via a new pressurized irrigation
system, and that groundwater rights may be utilized if canal water is insufficient; and

6. The proposed subdivision is considered to be consistent with the Bingham County Comprehensive
Plan, as the area is designated as Residential/Agricultural, which supports the
Residential/Agriculture Zoning District.

Chairman Manwaring asked Ms. Jackman if the open space and community space area will be maintained
or if there will be a Homeowners Association, wherein Ms. Jackman stated that was not specified but that
it was stated on the record that the property has been cleaned up substantially since the development has
occurred with the division right lots and the current owners. Ms. Jackman reiterated that there was no
confirmation how it would continue to be maintained, whether by shared responsibility or independent
responsibility. Ms. Jackman stated if the Board would like to place that as a condition to be sure it is
maintained, that could be done.

Commissioner Jensen stated recently on subdivision proposals, the Fire Marshall has suggested a cistern
and asked Ms. Jackman if that was discussed for this application. Ms. Jackman confirmed that was not
discussed for this application.

Commissioner Jackson asked Ms. Jackman if the road would be paved, to which Ms. Jackman explained
the road would be paved and would be a county road.

Chairman Manwaring stated there was discussion regarding water rights and asked Ms. Jackman if there
was any groundwater. Ms. Jackman explained that there are groundwater rights, but no verification was
provided within the application materials because the Applicant is not planning to utilize those for irrigation,
but it was stated for the record at the Public Hearing before the Planning & Zoning Commission that there
is groundwater rights associated with the property.

Chairman Manwaring asked if it was specified that a turnaround would be left in place, wherein Ms.
Jackman stated the turnaround would remain until the road is proposed to extend to the west to intersect
with Bond Road.

Chairman Manwaring asked Dusty Whited, Bingham County Public Works Director, if the proposed road,
Baton Rouge, will need to be a 24-foot road, wherein Mr. Whited explained there will be 50 feet of right-of-
way and 24 feet of pavement with 2 feet of compacted gravel on each side for shoulder.

Mr. Whited stated the engineer will have to determine if the current gravel road meets the county standards
or not and what is there may need to be removed and replaced or could verify what is currently there and
add to it. Mr. Whited reiterated that the road wiil be to county standards.

Discussion was held in regards to the box culvert, wherein Chairman Manwaring stated the culvert is
located within the right-of-way and asked Mr. Whited how that would work. Mr. Whited explained that he is
not sure how the road was placed and that was part of his concern that the road will need to be dug up and
verified that it is installed to meet Idaho Standard for Public Works Construction and if not, it will need to be
redone.

Chairman Manwaring asked for clarification and that if the culvert were within the right-of-way, it would need
to be moved, wherein Mr. Whited stated that was correct if standards are not met.

Discussion was held in regards to irrigation, wherein Ms. Jackman stated the irrigation easement is on the
north end of the lots and she believes that the pump is located to the north of the lots as well. Commissioner
Jensen asked for clarification and that the testimony provided states there would be pressurized irrigation
and no groundwater would be used at this point. Ms. Jackman confirmed that was correct.

Commissioner Jackson had no questions.

46

Commissioner Jensen had no questions.

Chairman Manwaring stated that he appreciates that the Applicant reached out to Groveland Water and
Sewer on the cost to try to hook up and pursuant to Idaho Code 42-3212, only parcels within 200 linear feet
are required to connect. Therefore, only lot 1 would otherwise be required, which is hard to require 1-lot at
that expense. Commissioner Jackson stated that the cost would be prohibitive.

DECISION

Commissioner Jensen moved to conditionally approve the Apple Grove Estates Subdivision
consisting of 7-lots, located West of 416 W. 175 N., Blackfoot, Idaho, on approx. 13.70 acres, as
proposed by property owners Rob and Laree Wray, subject to the following conditions:

1) Any open space will be maintained by each individual lot owner.

2) The turnround will remain in place until it is determined to be removed due to extension of
the road.

3) The box culvert may need to be dug up to meet specks or relocated to be out of the right-
of-way

Commissioner Jackson seconded. All voted in favor. The motion carried.

Request for Reconsideration/Judicial Review: Upon denial or approval of a zone change, with adverse
conditions, pursuant to Idaho Code Section 67-6535(2)(b), the Applicant or affected person seeking Judicial
Review of compliance with the provisions of this section must first seek reconsideration of the final decision
within fourteen (14) days. Such written request must identify specific deficiencies in the decision for which
reconsideration is sought.

Regulatory Takings: Additionally, the Applicant may request a regulatory takings analysis as per idaho
Code Section 67-8003. An affected person aggrieved by a final decision concerning matters identified in
Section 67-6521(1}(a), Idaho Code may within twenty-eight (28) days after all remedies have been
exhausted under local ordinance, seek Judicial Review as provided by Chapter 52, Title 67, Idaho Code.

MEETING TO RECEIVE THE PLANNING & ZONING COMMISSION'S RECOMMENDATION TO
APPROVE THE MORNING DEW SUBDIVISION ON LAND ZONED RESIDENTIAL/AGRICULTURE,
CONSISTING OF APPROXIMATELY 6.71 ACRES, LOCATED ON PARCEL NUMBERS RP0365121 AND
RP0365120, FOR APPLICANT DOUGLAS WILLIAMS

Present: Addie Jo Jackman- Planning & Development Assistant Director
Chris Street- HLE

The Board held a meeting to receive the Planning & Zoning Commission’s recommendation to approve the
Morning Dew Subdivision on Land Zoned Residential/Agriculture, consisting of approximately 6.71 acres,
located on parcel numbers RP0365121and RP0365120, for Applicant Douglas Williams.

Prior to the Meeting, the Board of County Commissioners, reviewed the Application and materials submitted
by the Applicants along with the Staff Report and all supplemental maps, notices and other maierials.

REASON

After presentation of the Staff Report by Addie Jo Jackman, Assistant Planning & Development Director,
the Board of County Commissioners heid discussion and deliberation, wherein they found the following:

1. The Application met the requirements of Bingham County Code Title 10, Chapter 14, Subdivision
Regulations, and

47

2. The Application met the requirements of Bingham County Code Section 10-4-2(C), which states
that the purpose of the “R/A” Zone is to permit the establishment of low-density single-family
dwellings with lot sizes sufficient for individual sewer and water facilities; and

3. The lands surrounding the proposed subdivision are zoned Residential/Agricultural, consisting of
portions of farm ground with residential development, which is consistent with the features of the
proposed 4-lot subdivision; and

4. The Application met the requirements of Bingham County Code Section 10-6-6(B)(1) as the
proposed lots exceed the 1-acre minimum allowed for in a Residential/Agriculture Zoning District
with individual culinary wells, septic systems, and drainfields on each lot; and

5. Adequate access to all lots will be extended from West Riverton Road through a proposed 50-foot-
wide easement/private road; and

6. Lots are located within the Eastern Idaho Water Company, and managed by the Miners Ditch
Company, with adequate water shares to deliver irrigation to each lot through a new open ditch
situated along the west side of the easement/private access road located on the eastern boundary
of the proposed subdivision; and

7. The proposed subdivision is considered to be consistent with the Bingham County Comprehensive
Plan, as the area is designated as Residential/Agricultural, which supports the
Residential/Agriculture Zoning District; and

Chairman Manwaring asked Ms. Jackman if it was confirmed by Mark Pratt that there are 19.7 water shares,
wherein Ms. Jackman stated there was discrepancy in the application materials versus what Mark Pratt
provided as testimony. Ms. Jackman stated that she is not able to conduct further research and advise the
board as this is a public meeting, but worst-case scenario has been confirmed that if they only have 10
shares, that is sufficient and would give each lot approximately 2.5 shares for irrigation.

Ms. Jackman stated that Mr. Pratts’ concern was in regard to the standard, which is why she sought
clarification before the Public Hearing, for each owner having 5 shares. Mr. Pratt advised Ms. Jackman that
in this case it does not matter so long as those shares are held in a homeowners’ association and that they
have adequate water.

Chairman Manwaring asked if there were any issues with the 20-foot access easement and the fact that it
is next to a private road, wherein Ms. Jackman stated there were no concerns brought to her attention. Ms.
Jackman stated that Public Works was asked for comments as there is another easement neighboring to
the east of the subject property, which does not appear to be built out but does exist, but there were no
comments submitted.

Commissioner Jensen asked if a condition should be placed that the individual lot owners should care for
their open space and not let it grow to weeds. Tiffany Olsen reiterated that there is no open space on this
plat and that it is lot ownership. Commissioner Jackson stated if lots are sold and building does not
commence; it could grow weeds, which may cause complaints.

DECISION

Commissioner Jensen moved to conditionally approve the Morning Dew Acres Subdivision
consisting of 5 lots, located south and east of 431 W. Riverton Road, Blackfoot, Idaho, on approx.
6.77 acres, as proposed by property owner Douglas Williams, with the following conditions:

1) Until the lots are sold, the property owner has weed control measures in place.
Commissioner Jackson seconded. All voted in favor. The motion carried.

48

Request for Reconsideration/Judicial Review: Upon denial or approval of a zone change, with adverse
conditions, pursuant to Idaho Code Section 67-6535(2)(b), the Applicant or affected person seeking Judicial
Review of compliance with the provisions of this section must first seek reconsideration of the final decision
within fourteen (14) days. Such written request must identify specific deficiencies in the decision for which
reconsideration is sought.

Regulatory Takings: Additionally, the Applicant may request a regulatory takings analysis as per Idaho
Code Section 67-8003. An affected person aggrieved by a final decision concerning matters identified in
Section 67-6521(1)(a), Idaho Code may within twenty-eight (28) days after all remedies have been
exhausted under local ordinance, seek Judicial Review as provided by Chapter 52, Title 67, Idaho Code.

PRIOR APPROVAL FOR PURCHASE- BUILDING MAINTENANCE

Present: Jason Marlow- Facilities Manager
Matt Galloway- IT Director

The Board met to hold discussion in regard to the submitted prior approval for purchase of a new HVAC
unit in the 1°! floor server room. The smaller HVAC unit is having a hard time keeping up with the equipment
and the unit itself is in the way of egress behind the server racks. This request is to upgrade to a larger,
more efficient and out of the way ceiling/wall mount unit. Said purchase is in the amount of $16,913.00,
which is to be split between two funds: 01-10-494-00 (Building and Grounds- $6,913.00) and 01-10-804-00
(IT- Capital Computers $10,000.00).

Decision: Commissioner Jackson moved to approve the prior approval for purchase of anew HVAC
unit in the 1° floor server room. The smaller HVAC unit is having a hard time keeping up with the
equipment and the unit itself is in the way of egress behind the server racks. This request is to
upgrade to a larger, more efficient and out of the way ceiling/wall mount unit. Said purchase is in
the amount of $16,913.00, which is to be split between two funds: 01-10-494-00 (Building and
Grounds- $6,913.00) and 01-10-804-00 (IT- Capital Computers $10,000.00). Commissioner Jensen
seconded. All voted in favor. The motion carried.

EXECUTIVE SESSION

The Board met to hold an Executive Session pursuant to Idaho Code §74-206(1)(f), to communicate with
legal counsel regarding pending/imminently likely litigation. Commissioner Jensen moved to go into
Executive Session pursuant to Idaho Code §74-206(1)(f}, to communicate with legal counsel regarding
pending/imminently likely litigation. Chairman Manwaring seconded. Both voted in favor. The Board moved
into Executive Session at 2:04 p.m. Commissioner Jensen moved to go out of Executive Session. Chairman
Manwaring seconded. The Board moved out of Executive Session at 2:54 p.m.

Decision: Commissioner Jensen moved to approve to instruct Paul Rogers and Tiffany Olsen to
reach out to Legal Counsel for the Krueger’s to provide the amended conditions. Commissioner
Jackson seconded. All voted in favor. The motion carried.

MEETING WITH CITY OF BLACKFOOT TO DISCUSS CITY/COUNTY CLEANUP DATE AND PLAN FOR
SAID EVENT- REQUESTED BY CHRIS MATSON

Present: Chris Matson- City of Blackfoot
Kim Arms- City of Blackfoot
Grahm Andersen- City of Blackfoot
Dusty Whited- Public Works Director
Derrick Going- Solid Waste Supervisor

The Board met with City of Blackfoot officials to discuss the city/county cleanup date and play for said event.

49

Chris Matson stated after the event was held last year, there was a meeting held with county and city
officials and the only thing that came from that meeting was the discussion to hold the event earlier in the
year. Mr. Matson stated that the event was held on Memorial Day last year and it was a little late in the
summer.

Mr. Matson stated that one service that will be added is document shredding, which was not provided last
year but there are a lot of individuals that have documentation that should be shredded properly.

Discussion was held in regard to when the event will be held and it was decided that it would be good to
coordinate with the America 250 events and hold the cleanup day on May 30. The Board and all city
officials were in favor.

Decision: Commissioner Jackson moved to approve May 20, 2026, for the City/County Clean up Day
as proposed. Commissioner Jensen seconded. All voted in favor. The motion carried.

DISCUSSION & DECISION REGARDING APPOINTMENT OF MEMBERSHIP TO THE BINGHAM
COUNTY AGRICULTURE PROTECTION AREA COMMISSION

Present: Tiffany Olsen- Planning & Development Director
The Board met to appoint members to the Bingham County Agriculture Protection Area Commission.

Ms. Olsen stated that she has received Membership Applications from three (3) individuals, which is
sufficient per Bingham County Ordinance 2025-03 wherein it allows three (3) to five (5) members.

The three individuals that have applied are Wendy Pratt, Patrick Olsen and Jordan Johns, wherein she
would propose appointment of all three individuals.

Chairman Manwaring stated that these appointments will be for a three (3) year term with the opportunity
to be re-appointed.

Decision: Commissioner Jensen moved to appoint Wendy Pratt, Patrick Olsen and Jordan Johns
to the Bingham County Agriculture Protection Area Commission. Commissioner Jackson
seconded. All voted in favor. The motion carried.

THE MOTION PASSED TO DISMISS UNTIL FRIDAY RUARY 27, 2026

AMELA W. ECKHARDT, CLERK
Lindsey Gluch- Commission Clerk------------------------------------

50

STATE OF IDAHO )
: Ss. Friday, February 27, 2026
County of Bingham _)

THE BOARD OF BINGHAM COUNTY COMMISSIONERS MET IN REGULAR SESSION. The following
matters were considered:

PRESENT: Chairman Manwaring
Commissioner Jackson
Commissioner Jensen
Lindsey Gluch- Commission Clerk
APPROVAL OF COMMISSIONERS AGENDA

Decision: Commissioner Jackson moved to approve the Commissioners Agenda as posted.
Commissioner Jensen seconded. All voted in favor. The motion carried.

CLAIMS
Claims were approved in the amount of $601,021.89.
PERSONNEL ACTION FORMS
The Board met to approve and sign Personnel Action Forms, which were as follows:
Employee Status Sheet: Lead Scale House Operator to Scale House Operator
Building Inspector
New Employee Status Sheet: Solid Waste Operator
PAYROLL
Payroll was approved in the amount of $973,179.49.
Decision: Commissioner Jensen moved to approve Cash Warrants, Claims, Administrative
Documents and Personnel Action Forms. Commissioner Jackson seconded. All voted in favor. The
motion carried.

APPROVAL OF RESOLUTION 2026-15

The Board met to approve Bingham County Resolution 2026-15, a resolution for destruction of records for
the Sheriffs Office.

Decision: Commissioner Jackson moved to approve Bingham County Resolution 2026-15, a

resolution for destruction of records for the Sheriffs Office. Commissioner Jensen seconded. All
voted in favor. The motion carried and said resolution was approved and signed as follows:

51

BINGHAM COUNTY
RESOLUTION 2026-15

RESOLUTION REGARDING THE DESTRUCTION OF RECORDS
FOR THE SHERIFFS OFFICE

WHEREAS the Bingham County Sheriffs Office has requested permission to
destroy certain records; and
. WHEREAS the Idaho Code §31-871 empowers the Board of County
Commissioners with the responsibility for classifying records for purposes of retention and
destruction; and

WHEREAS the Sheriffs Office has represented that all records for which destruction
is sought pertain to matters which have been concluded for the designated period of time
allowed in sections of Idaho Code; and

WHEREAS none of the records for which destruction is requested are those
required to be kept by the County permanently and indefinitely pursuant to 1.C. §31-709;
SHERIFFS OFFICE

See Attached "Exhibit A”

THEREFORE, it is hereby resolved that: The Sheriffs Office files are hereby
classified as “temporary,” as defined in I.C. §31-871(1)(d), Furthermore, such records may
now be destroyed.

Dated this 27" day of February 2026.

ATTEST:

Pamela W. Eckhardt
Bingham County Clerk rew Jens n, Commissioner

Page 1 of 1

Bingham County Resolution 2026-15

52

BINGHAM COUNTY

(208) 785-4440
601 N. MAPLE ST, #405
BLACKFOOT, ID 83221

County Records Destruction list
February 23, 2026

Bingham County Sheriff's Office Records is requesting approval for destruction of the following
items:

Box 1-7: Pre-1987 Radio Logs

Box 8-9: Civil Warrant Logs & Cover Sheets
Box 10: 1977-1980 Sheriff Bank Records
Box 11: Pre 1985 Timecards

Kaitlin Smith
Records Clerk

KimberLee Arms
Office Manager

SHERIFF JEFF GARDNER —

53

CLAIMS FOR THE PREVIOUS MONTH WERE APPROVED AS FOLLOWS:

Current Expenses ...............0 $658,505.59 Weed 000.0... ccccccccecee setae eens $4,909.59
Road & Bridge... eee $299,268.45 Emergency Communication... ...658,972.84
Nd ole) | re $62.21 Road & Bridge Special Proj........ $2,420.00
Justice Fund... eee $767,943.79 Waterways.......... cee $4,113.23
District Court... eee eee $82,487.11 Opioid Abatement................ $165,337.26
Preventative Health.............. $170,102.25 = PILT... cece c cece eee $105,406.75
Historical Society/Museum...... $11,250.00 Treatment Courts.................. $6,968.25
Parks & Recreation.................. $12,380.48 Consolidated Elections........... $10,672.86
Revaluation............cccccccceeeeeees $29,493.02
Solid Waste .........cccc cece $252,109.22
TOrte eee cecccccec cece ee ee ees essa eaes $1,840.00
Veterans Memorial....................66 $41.55

PAMELA W. ECKHARDT, CLERK
Lindsey Gluch- Commission Clerk-----------------------------------------

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