Board of Commissioners Regular Meeting

Banner County Board of Commissioner Proceedings

                The Banner County Board of Commissioner met in regular session, Tuesday, August 6, 2024, at 8:45 P.M. in the courtroom of the Banner County Courthouse. Notice of the meeting was given by publication in the Western Nebraska Observer.  A copy of the proof of publication is on file in the office of the County Clerk. Notices were also posted in the Harrisburg, Nebraska Post Office; the Banner County Public School; the office of the County Clerk; and the front window of the Banner County courthouse.

                The agenda of the meeting is kept current and is available during the regular business hours in the office of the County Clerk.  A copy of the agenda was sent to the Commissioners on Monday, August 5, 2024.

                Chairperson Darnall called the meeting to order at 8:53 A.M. Chairperson Darnall stated the Nebraska Open Meetings Act is posted by the back door of the courtroom.  Clerk Katie West took roll call showing all members present.

                 Lease led prayer.

                The Pledge of Allegiance was said.

                The agenda was examined.  Lease moved to approve the agenda.  Anderson seconded the motion.  Roll call vote:  Lease, yes; Darnall, yes; Anderson, yes.  Motion carried. 

                The minutes of the July 23, 2024, meeting was examined.  Lease moved to adopt the minutes of the July 23, 2024, meeting with corrections.  Anderson seconded the motion.  Roll call vote:  Lease, yes; Darnall, yes; Anderson, yes.  Motion carried. 

                There was one item for correspondence.  The announcement of town halls for the Air Force Sentinel Project dates are August 6, 2024, at 6:00 P.M. in Kimball, Nebraska and August 7, 2024, in Sidney, Nebraska.

Reports:

• Highway/Weed Department – Jay Dove said Tim Grubbs is out of town for weed training. John Munn is spraying weeds in the county. The Road Department is just trying to maintain roads and they are currently working on bad spots on the roads throughout the county.  Dove said they hired two part time people to help maintain roads one to two days a week. Dove is working with MC Shaft and Baker and Associates for quotes for County Road 18.
• Sheriff – Sheriff Zane Hopkins said he has been busy with traffic stops, a short pursuit, and a missing person.  There was another call that resulted in an arrest for multiple felony charges, and the missing person was found and okay.
• County Attorney – Attorney Mark Kovarik said it has been business as usual.  Kovarik plans on working on interlocal agreements after the budget is done. Lease asked if interlocal agreements expired and Kovarik said they can, but it is determined in the terms of the agreement and updates to the laws. 
• Treasurer – Treasurer Kathy Natale said she has been busy with closing out month end and training her new employee Hollie Gilbert. Property taxes are starting to come in. Natale is also researching the ARPA funds.
• Clerk – Clerk Katie West is currently working on elections, budget, courts, correcting insurance and payroll, and making the changes to the new deed process.  A new Form 521 and affidavit is required with all land purchases in Banner County.
• Assessor – Assessor Kacy Krakow said Josh from Cardinal Assessment is out this week and next week reviewing properties in Ranges 57 and 58. Krakow is working on reports and is almost done with parcel lines.
• Surveyor – Carl Gilbert not present.
• Commissioners -   

1. Don Lease – Lease had a meeting with PPHD (Panhandle Public Health District) and Jessica Davies will be the new director in December.  PADD (Panhandle Area Development District) and OHD (Office of Human Development) meetings are on Thursday. 
2. Robin Darnall – Region 22 Management  - They reviewed 16 applicants and interviewed five people.  They have narrowed it down to three applicants.  These applicants will give a presentation and then the selection will be made. Ashley Hopkins will be the deputy.   
3. Laif Anderson – Anderson said he missed the June meetings because of the NACO conference and there were no July meetings. The August meetings are on Thursday. 

Items of Business Before the Board:

• Postage Machine – Katie West – West has gotten the current contracts from Midwest Connect.  The machine can be delivered in two to three weeks after the contract has been signed and received.  The contract is $85.00 per month for 63 months totaling $5,355.00 for a new machine. Anderson moved to approve the postage machine contract for $85.00 per month for 63 months totaling $5,355.00 authorizing the Chairperson to sign.  Lease seconded the motion.  Roll call vote: Lease, yes; Darnall, yes; Anderson, yes.  Motion carried. 
• Janitor Position – Katie West – West has been working been in contact with the State to make sure the county is complying.  West is still waiting on one phone call for a definite answer.  Anderson requested that West put this back on the agenda when all the questions get answered. 
• Courthouse Glass Update/Estimates – Robin Darnall – Darnall would just like to know if any quotes have come in and what the status is on the glass. Darnall and Anderson would like estimates on window film for the outside windows. Sheriff Hopkins said the Building and Grounds committee should get an estimate on mirrored film for all the windows in the courthouse. Anderson would like to set a dollar amount for the Buildings and Grounds committee to use and anything over that amount would need to come to the Board. Hopkins stated that all decisions with the courthouse should be agreed on with the safety committee. Anderson said that anything over$3,000.00 should come back to the Board.  Dove asked if this would also include the road department.  Lease said that the Building and Grounds committee would include the road department.  Lease said the glass in the courthouse is an odd length and that is why it is so expensive. The safety film will not work on the glass because it is too thin.  Darnall asked if the committee could get bids on the film for the outside windows. Lease said the glass for a four by eight sheet is $1300.00 and we would hang it ourselves. 
• Bids – Road Grader – The county has only received one bid for a road grader.  Anderson stated that they will have to decide by August 20, 2024, because the rental is done by that date.  The bid is from NMC Cat for a 12M3 Cat motor grader for $176,250.00.  Anderson moved to receive the one bid from NMC Cat for a Cat 12M3 motor grader for $176,250.00.  Lease seconded the motion.  Anderson said that he would like to trade in one machine.  The machine that has been discussed with the road department is the 770G John Deere.  Roll call vote: Lease, yes; Darnall, yes; Anderson, yes.  Motion carried.
• Bids – Custom Hire Rates – The county received two bids, one from Parsons Trucking and one from Pine Bluffs Gravel and Excavating, Inc. Anderson moved to receive the two bids from Parsons Trucking and Pine Bluffs Gravel and Excavating, Inc.  Lease seconded the motion.  Roll call vote: Lease, yes; Darnall, yes; Anderson, yes.  Motion carried.  The Board opened and reviewed both bids.  Pine Bluffs Gravel & Excavating, Inc bid included: Road Base $12/ton; Pit Run (tailings) $8/ton; Structural Fill $4/ton; Material Haul, Belly & Side dump trailer $0.11 ton per mile; Dump Truck $0.09/ton per mile, Equipment Mobilize $280; Loader with operator $190/hour; Scraper w/operator $270/hour; Motor grader $240/hour; Excavator w/ operator $260/hour; Backhoe w/operator $150/hour. Anderson moved to accept the bid from Parsons Trucking with the rates of: gravel hauling 20 yard belly dump at $100.00 per hour, 20 yard side dump $100.00 per hour, 10 yard dump truck at $90.00 per hour and six yard dump truck at $75.00 per hour; Payloader stockpile/loadout rate at $100.00 per hour, standby rate without operator $100.00 per hour; Dirt moving with paddle scraper at $120.00 per hour; Road grader construction/surface grading at $120.00 per hour, snow plowing (V-Plow) $130.00 per hour; Water tanker 7,500 gallon trailer capacity at $100.00 per hour, truck with tank spreader 1,800 gallon at $75.00 per hour; Packer nine wheel rubber tire at $65.00 per hour; Snow Removal with six yard dump truck and snow plow at $85.00 per hour, all rates include an operator.  Lease seconded the motion.  Roll call vote: Lease, yes; Darnall, yes; Anderson, yes.  Motion carried. 
• Road Department Discussion – Laif Anderson – Dove has contacted NIRMA (Nebraska Intergovernmental Risk Management Association) to see if new hires are required to have a CDL to operate equipment. NIRMA said employees only need a CDL if they are driving a semi or dump trucks. Dove also asked if the hiring rates would be the same if the employee does not have or cannot get a CDL.  Lease asked if there was any record of what the cost was to maintain a county road.  Anderson said that would be good information to have. Anderson said that the road employees are not allowed to get overtime and that there has been some issues in the last 90 days on overtime.  Anderson thinks the road employees should be allowed some overtime about two to four hours, so at the end of a shift they are not roading graders so far.  Anderson said he does not know how to do it fairly.  All employees are to contact Anderson for final approval of overtime. Lease asked the other Board members if they are considering co-oping with Kimball County on a Highway Superintendent. Darnall and Anderson said it is a good idea and a meeting should be set up with them to see what terms can be met.  Anderson asked Darnall to meet with the Kimball County Chairperson to discuss the topic. 
• Budget Workshop dates – Robin Darnall – Darnall announced the budget workshops are scheduled for August 13, 2024, at 9:00 A.M. and August 20, 2024, at 1:00 P.M.
• Budget Hearing Date – Robin Darnall – Darnall announced the budget hearing is scheduled for August 22, 2024, at 4:30 P.M. 
• 1-&6-Year Hearing Date – Robin Darnall – Darnall announced that the 1-&6-Year Hearing date is scheduled for September 3, 2024, at 10:00 A.M.  Dove needs to get a copy to the Commissioners before that date. 
• Interlocal Agreement Discussion - Robin Darnall – Darnall stated all the questions were answered earlier when Kovarik gave his employee report. 
• Void Check numbers (02407107 and 02407108) – Lease moved to void check number 02407107 to Banner County Court for $149.00 and check number 02407108 to Chelsea Mossberg for $250.00.  Anderson seconded the motion.  Roll call vote: Lease, yes; Darnall, yes; Anderson, yes. Motion carried.
• Live Video/Audio Recordings of Commissioner Meetings – Robin Darnall – Darnall stated that the county could live stream the meetings to better serve the community but there are a lot of hoops to jump through. Darnall would like to have the meetings live streamed for the people who cannot make it to the meetings.  Anderson and Lease are not in favor of this but would be willing to hear what would need to be done.  Darnall said she will get more information on live streaming of the meetings. 
• Discuss Green Energy – Robin Darnall – Lease met with representatives from Situla as a resident not a Board member. There is a project in mind, and it will be on the agenda in September. Darnall said she would like a town hall meeting to inform the residents of Banner County.  There is not a lot the Commissioners can do because there is no zoning or permitting in Banner County. Lease said the Board should ask the Planning Commission about what they think about the solar panel project. Lease said he will try to schedule Situla on an evening meeting.
• Courthouse Building and Grounds Discussion – Laif Anderson – Anderson said all questions were answered earlier in the meeting.
• Discuss Wages/Salaries – Robin Darnall – Darnall said that the gross wages are public knowledge, and she believes the road operators have been overlooked and not compensated properly.  Currently the base pay is $17.00 per hour, the road foreman is $19.00 per hour, and the shop/weed foreman is salary with no overtime.  The longevity pay was taken away years ago and there has only been a cost-of-living increase for the operators.  Lease stated that they cannot worry about the past and need to create a new pay scale and implement it. Anderson said he would like to have retention for the employees that have stayed with the county through all the changes.  Lease created a pay scale for road employees and said they can change it, but it would be a start for the employees.  The Board liked Lease’s pay scale that he created and would like to see a couple of changes to it and then implement that.

Claims:

General: Aptive - $10,828.51, Health Insurance; Aflac - $264.51, Benefits; Argus - $218.84, Dental; Banner Capital Bank - $3,715.03, HSA; Colonial Life - $205.06, Dental; VSP - $1185.29, Vision; Banner County Court - $43.90, CC Cost; Banner County District Court - $36.00, DC Cost; Culligan - $32.50 – Water; Eakes - $170.24, Office Supplies; Hometown Leasing - $138.64, Copier; Ideal - $102.83, Janitorial Supplies; Jean Bauer - $150.00, ROD Training; Madelung Law - $140.00, CC Cost; NRD - $70.52, Water; Quadient - $167.84, Postage; Scottsbluff County Treasurer - $25.00, Postage; US Bank - $973.56, Office Supplies; Western NE Observer - $27.45, Advertising; Wiznerd - $65.00, IT Services; Zultys - $ 639.92, Telephone 

Sheriff: US Bank - $359.13, Gas, meals, & Office Supplies

Road: Aptive - $6,173.09, Health Insurance; VSP - $60.77, Vision; Western NE Observer - $239.55, Advertising; Ideal - $28.88, Janitorial Supplies; First Concord - $30.00, HRA; NE Child Support - $688.00, Child Support; Colonial Life - $29.48, Dental; Banner Capital Bank - $1,458.35, HSA; Aflac - $542.99, Benefits; WPCI - $124.00, Drug test; Verizon - $233.10, GPS Tracker; US Bank - $47.28, Subscription & Office Supplies; PT Hose - $47.28, Repairs; Power Plan - $614.03, Parts; NRD - $31.42, Water; NMC Cat - &14,512.78, Parts, Blades, Rental; Menards - $216.64, Parts; Kimball Auto - $1,410.46, Supplies, tools, parts; Inland - $64.90, Parts

Anderson moved to approve claims.  Lease seconded the motion.  Roll call vote: Lease, yes; Darnall, yes; Anderson, yes.  Motion carried. 

Lease moved to adjourn the meeting.  Anderson seconded the motion.  Roll call vote: Lease, yes; Darnall, yes; Anderson, yes.  Motion carried.  The meeting adjourned at 11:40 A.M.

The next regular meeting will be held August 20, 2024, at 4:45 P.M. or at the call of the clerk.  A budget workshop is scheduled on August 13, 2024, at 9:00 A.M. An agenda of the matters to be considered at such date and time is kept continually and is available for public inspection during the normal business hours at Banner County in the courthouse in Harrisburg, Nebraska.

Attest: ______________________________________________

                 Katie West, Banner County Clerk