On the agenda: Pocatello July 30, 2026, Commissioner Meetings — data center (Jul 30)

MINUTES OF THE BOARD OF
BANNOCK COUNTY COMMISSIONERS

Meeting Details
Date of Meeting:
Commissioners present:
Clerk of the Board:
Absent Board Members:
Staff present:

Thursday, July 30, 2026
Ernie Moser and Jeff Hough
Jason C. Dixon
Ken Bullock
Deputy Clerk Nancy Allen, Comptroller Kristi Klauser, and Prosecutor Sean
Bowen

N Agenda Details
1

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3
4
5
6
7

AGENDA

Work Session and Claims Meeting (action items)
Agenda:
BOARD OF AMBULANCE DISTRICT
• (AMENDED to include) Shane Grow, Pocatello Interim Fire Chief, requesting review of
Independent Contractor Agreement with possible Executive Session under Idaho Code §74206(1)(a) & (b) regarding personnel and §74-206(1)(f) to communicate with legal counsel for the
public agency to discuss the legal ramifications of and legal options for pending litigation, or
controversies not yet being litigated but imminently likely to be litigated. The mere presence of
legal counsel at an executive session does not satisfy this requirement with potential action
following adjournment of Executive Session (requested 10 minutes) (action item)
BOARD OF COUNTY COMMISSIONERS
• Todd Mauger, Juvenile Justice, regarding to notify the Commission of the Award of FY27
Millennial Funds Allocation for Assessment Centers (requested 5minutes) (action item)
• Hal Jensen, Planning and Development, seeking signature on Resolution No. 2026-50 (requested
5 minutes) (action item)
• Kristi Klauser, Auditing, requesting signature on titles approved to go to auction (action item)
• Discussion pertaining to a solution for a potential overage in the FY26 Budget for the
Commissioner’s Department (requested 5 minutes) (action item)
• Executive Session under Idaho Code §74-206(1)(c) to acquire an interest in real property not
owned by a public agency with potential action following adjournment of Executive Session
(requested 10 minutes) (action item)
Claims Agenda:
• Board of Ambulance District: Invoices and Commissioner Report
• Board of Commissioners: Invoices, Commissioners Reports, and Credit Applications
• Personnel Actions with potential Executive Session under Idaho Code §§74-206(1)(a), (b) & (d)
for personnel actions or personnel records exempt from disclosure with potential action following
adjournment of Executive Session
• Payroll Report
• Alcohol Licenses and Permits
• Certificate of Residency Approval
• Mileage Reimbursement Requests
• Technology Request Form
• Memorandum Authorization for Accounts Payable
• Cardholder User Agreement and Authorization
July 30, 2026, BOCC Minutes

M Meeting Notes
1

9:02 AM Hough called the meeting to order. Moser moved to accept the amended agenda and enter the
Board of Ambulance. The motion passed. Hough moved to enter into executive session under Idaho Code
§74-206(1)(a) & (b) regarding personnel and §74-206(1)(f) to communicate with legal counsel. The
motion passed by roll call vote.
9:07 AM Hough moved to exit executive session. The motion passed. Moser moved to authorize
notification of ending the contract with the medical director. The motion passed.
Moser moved to enter back into the Board of County Commissioners. The motion passed.

2

9:08 AM Jesika Snyder also appeared. Mauger reviewed the funding request and resulting award for the
Millennial Funds and explained projects using those funds and he is working on an affiliation agreement
with ISU.

3

9:11 AM Assistant Planning Director Tristan Bourquin also appeared. Jensen explained the purpose today
is for a formal declaration for a moratorium on data centers. The current ordinance is ill equipped should
an application be submitted for a conditional use permit.
9:12 AM Jensen explained the proposed ordinance was prepared to provide a six-month moratorium, with
the statute allowing no public notice due to impending peril to the general public. This will allow staff to
take time to write an ordinance.
9:13 AM Bowen explained this document will be proceeding under the emergency ordinances and
moratoriums section of Idaho statute, Section 67-6523. That authorizes the County, due to impending
peril, to have six-month moratorium. If a moratorium is need longer than that, the County can move to go
under an interim ordinance under 67-6524. That would require more notice and opportunity for the public
to speak on that. If there is not a plan to move forward toward the end of the six months, Bowen
recommended to work on extending the moratorium under Section 67-6524 to work toward a final
ordinance. Hough requested a committee be put together with members from the cities and such to study
impacts. Jensen explained his office doesn’t have enough information to structure an ordinance to protect
citizens relative to power, water, or discharge and they will need time to research and study. Moser
moved to adopt a moratorium on data centers in Bannock County [Ordinance 2026-02]. The motion
passed.

4

9:16 AM Klauser submitted two titles for vehicles that were approved for disposal. Moser moved to
approve signature on the titles. The motion passed.

5

9:17 AM Management Assistant Kristi Davenport explained she was notified last week of the potential
overage in the FY26 Commission budget and she estimated costs for the department through the end of
the budget year. The overage will be about $1,100 and the request is to earmark $5,000 from contingency.
Klauser recommended the use of contingency, which does not require a reallocation. Moser moved to
utilize contingency funds for the shortfall of $5,000. The motion passed.

6

9:21 AM Coroner Torey Danner appeared. Hough moved to enter into executive session under Idaho
Code §74-206(1)(c) to acquire an interest in real property. The motion passed by roll call vote. 9:44 AM
Hough moved to exit executive session. The motion passed.

7

9:20 AM Moser moved to approve the items on the claims agenda. The motion passed.

M Action Item Summary

ACTION/DIRECTION
Amended agenda was accepted.
Acting as the Board of Ambulance District, authorization was given to
send notification to end contract to medical director.
Millennial Fund award was discussed.

ASSIGNED TO
Clerk
Ambulance
Juvenile
July 30, 2026, BOCC Minutes

Ordinance 2026-02 Declaring Moratorium Upon Issuance of Permits for
Data Centers was passed.
Signature on titles for surplus vehicles were signed.
Contingency funds of $5,000 were approved for budget overages for
Commission budget.
Executive session was held regarding acquiring an interest in real property.
Items on the claims agenda were approved.

Clerk/Planning
Auditing
Auditing
Clerk
Auditing/Clerk/Resolution

July 30, 2026, BOCC Minutes

Instrument q 22609310

Instrument #

Bannock County, Pocatello, Idaho
07/30/2026 10:00:51 AM No. of Pages: 3
Recorded for: BANNOCK COUNTY
Jason C. Dixon Fee: MOO
aleavitt
Deputy:

BANNOCK COUNTY, STATE OF IDAHO
EMERGENCY MORATORIUM
ORDINANCE NO. 2026-02
AN ORDINANCE OF BANNOCK COUNTY, IDAHO, DECLARING A MORATORIUM
UPON THE ISSUANCE OF PERMITS FOR DATA CENTERS; DIRECTING
EFFORTS TO CREATE A PLAN TO ADDRESS THE PROBLEM; PROVIDING AN
EFFECTIVE DATE; AND DECLARING THE SUBORDINATION OF ALL
ORDINANCES, RESOLUTIONS, AND ORDERS IN CONFLICT HEREWITH.
WHEREAS, the Board of County Commissioners (Board) is tasked with providing for the
health, safety, and general welfare of the citizens of Bannock County pursuant to Idaho Code
Section 31-714; and
WHEREAS, one of the primary and essential services provided by Bannock County is the
power to enact zoning ordinances pursuant to Idaho Code Section 67-6509; and
WHEREAS, for the purpose of this Moratorium, data centers are defined as a physical
facility or network of buildings whose primary purpose is devoted to the processing, storage, and
transmission of digital information through electronic equipment and supporting infrastructure.
They typically house networked computer servers, data storage drives, power systems, cooling
equipment, networking equipment and related infrastructure used to store, process, and distribute
massive amounts of digital data and applications; and
WHEREAS, unregulated data centers present an imminent peril to the public health, safety,
and welfare of the citizens of Bannock County due to the large electric and water needs these
facilities typically have, which are not currently addressed by the County Land Use Ordinances; and
WHEREAS, on April 13, 2026, the Director of the Department of Water Resources
declared a drought emergency for all Idaho counties which is currently in effect; and
WHEREAS, Idaho Code Section 67-6523 authorizes the County to adopt emergency
moratoriums if the Board finds that there is an imminent peril to the public health, safety, and
welfare; and
WHEREAS, the Board may, upon such finding, proceed to adopt a moratorium responding
thereto; and
WHEREAS, the adoption of a moratorium may be accomplished upon abbreviated notice
of hearing as the Board deems practical; and

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Instrument #
WHEREAS, pursuant to the requirements of Idaho law, notice of a hearing and an agenda
regarding whether to adopt a moratorium was properly posted; and
WHEREAS, upon conducting said hearing, the Board has determined a moratorium is
necessary.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF BANNOCK COUNTY, STATE OF IDAHO, AS FOLLOWS:
1. Based on the above recitals and the facts and circumstances set forth therein, the Board
finds that there is an imminent peril to the public health, safety, and welfare of the citizens
of Bannock County posed by the continued unregulated placement of data centers.
Specifically, the Board finds that the unregulated siting and operation of data centers will
negatively impact the public health, safety, and welfare of the citizens of Bannock County by
posing perils to the following:
a. Water quality;
b. Environmental impact;
c. View sheds;
d. Decommission bonds;
e. Electrical grid impact; and
f Impacts on the aquifer.
2. The foregoing recitals, being a true and accurate description of an imminent peril to the
public health, safety, and welfare of the citizens of Bannock County, a moratorium is hereby
imposed upon the receipt, processing, and approval of applications for data centers. This
moratorium shall be in place for a period of one hundred and eighty (180) days following
adoption of this moratorium.
3. This moratorium shall not apply to any permit that has already been issued, nor shall it apply
to any permit for which any related application has been requested from, filed with, or issued
by the Board. This limitation shall not prohibit Bannock County from exercising the control
it is otherwise authorized to exercise over any such permit or construction.
4. During the moratorium, the County and its personnel shall begin to work on a permanent
solution to the problems addressed by this moratorium and to provide a plan within one
hundred and eighty (180) days to abate the problems identified herein.
5. This moratorium shall be in full force and effect immediately upon the date of its passage.
6. This moratorium is hereby declared to be severable. If a portion hereof is declared invalid by
a court of competent jurisdiction, the remaining provisions shall continue in full force and
effect, and this ordinance shall be read to carry out the purposes of this moratorium before
the declaration of partial invalidity.

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Instrument #
7. If a conflict exists between this moratorium and any other ordinance, resolution, or order of
the Board, this moratorium shall control until its expiration or termination by the Board.
, 2026.
DATED this _30th_ day of July
BANNOCK COUNTY BOARD OF COMMISSIONERS

Jeff Hough, C

an

Ernie Moser, Commissioner

Ken Bullock, Commissioner

Jason Dixon, Clerk

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