Board of Commissioners Regular Meeting

Banner County Board of Commissioner Proceedings

                The Banner County Board of Commissioners met in regular session, Tuesday, September 3, 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 Friday, August 30, 2024.

                Chairperson Darnall called the meeting to order at 8:47 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 August 20, 2024, Budget workshop was examined. Anderson moved to adopt the minutes of the August 20, 2024, meeting.  Lease seconded the motion.  Roll call vote:  Lease, yes; Darnall, yes; Anderson, yes.  Motion carried.  The minutes of the August 20, 2024, regular meeting was examined. Anderson moved to adopt the minutes of the August 20, 2024, regular meeting with corrections. Lease seconded the motion.  Roll call vote: Lease, yes; Darnall, yes; Anderson, yes.  Motion carried. 

Correspondence:

• Sentinel Town Halls – West said this was supposed to be Situla Town Hall announcement.  West made a mistake and just wanted to know if they wanted to inform the public about the town hall meeting on September 17, 2024.  Darnall said she would address it in her Commissioner report.

Public Comment:

                Todd Filipi, Scottsbluff, Nebraska – Todd Filipi from the North Platte NRD came to speak about the trees around the Banner County Courthouse. Filipi explained that the trees are from a 2018 grant that puts trees on public spaces.  The trees that are in front of the courthouse should only get five to eight feet tall and will not harm the foundation, sidewalk, or water lines of the courthouse.  The NRD is available to help prune the trees if needed. Filipi also said that they can provide more trees in other public places and can-do live snow fence on a cost share. 

Reports:

• Highway/Weed Department – Jay Dove said mowing will start mid-September with a one-time loop around the county and the department is starting to catch up with grading the roads. John Munn is still out spraying weeds for the county and will continue until the end of the month.  Tim Grubbs said that he had to purchase a new sprayer tank for the pickup.  Grubbs has also been pricing out a new pickup for the weed department and he will have to get formal bids.  The two part-time employees are working well and are currently on the ladder roads. There was a NIRMA audit this last week and the road department did well but there are some procedures that need improvements. They did recommend having a full-time clerical position and a full-time Highway Superintendent.  Anderson said that Chelsea Mossberg has mentioned getting the MIPS system for the road department and the Commissioners should talk with Mossberg to see what all could be done to improve the record keeping in the road department.  Dove also said that he had Pat Parsons start working on Road 57on Whipple’s corner to Steve Streaks instead of Hackberry because he must rebuild an intersection before it gets re-graveled. Dove also stated that MC Shaft is going to give the county three different quotes to fix Road 18. 
• Sheriff – Sheriff Zane Hopkins said he just finalized the plans for the SRO training.  Hopkins also had a conference in October and a NACO meeting in September. School has started so things are busy. Hopkins also had a NIRMA safety audit, and everything went well. 
• County Attorney – Attorney Mark Kovarik said he has been monitoring the Affordable HVAC situation.  Mossberg has given them everything they need, and he will step in, if it comes to that point. 
• Treasurer – Treasurer Kathy Natale said that the tax collection has been slow, and she has been busy with training her new employee. 
• Clerk – Clerk Katie West said she has been busy with elections, budget, and some mistakes found in the insurance. 
• Assessor – Assessor Kacy Krakow not present.
• Surveyor – Surveyor Carl Gilbert not present.
• Commissioners
  1. Don Lease – Lease he would like to get a road resolution in place for the county.  This resolution would be for future development on construction costs that do not bring in revenue into the county and the construction costs would go to the individual, not the county.  The Mental Health Board Group are looking at purchasing the old Kimball Clinic for patients. Lease said he would also like to get interlocal agreements for EMS, Fire, and Law Enforcement for Banner County.  Kovarik said the inter local agreements were signed a very long time ago and need updating.  Lease also asked Kovarik about Banner County being a sanctuary county.  Kovarik stated that Banner County has done nothing affirmatively to be a sanctuary county.
  2. Robin Darnall – Darnall said Region 22 Emergency Management hired Robert Crowder as the new director.  Darnall also talked to Ashley Hopkins about the billing for Region 22. It depends on eight percent of the total quarter billing, so there is not a set amount for each billing. Darnall also wanted to remind the public that Banner County is having a town hall with Situla at Banner County School on September 17, 2024, at 6:00 P.M.  Darnall also said that she will be doing the paperwork on the Wyoming Disaster Designation for Banner County on the drought. There will also be a pancake feed at the Fire Hall and all donations are split between Banner County and Gering. 
  3. Laif Anderson – Anderson said that the Office of Aging meeting was last month, and they went into executive session on events that will be coming up.  Region 1 Behavioral Health was business as usual. 

Items of Business before the Board:

• Building Bids – Don Lease/Jim Milner – Lease said he has talked to two different companies and has received one bid.  Each bid will consist of the building to have doors and concrete, not heated or insulated.  The generated will also be ventilated out of the building.  Milner is working with concrete companies for the building. Lease also said if the County is interested in the tornado shelters, there are grants available.  Lease said he and Milner are still waiting on quotes.
• 1 and 6 Plan Public Hearing at 10:00 A.M. – The one- and six-year road improvement plan hearing opened at 10:00 A.M. Dove presented the Board the one- and six-year road improvement plan.  Dove stated that he would like to add some projects to the plan.  There were no public comments and discussion was had. The one- and six-year road improvement plan hearing closed at 10:16 A.M.  Anderson moved to approve the one- and six-year road improvement program as presented. Lease seconded the motion.  Darnall read Resolution 24-13.  See attached. Roll call vote: Lease, yes; Darnall, yes; Anderson, yes.  Motion carried. 
• Road Department Discussion – Laif Anderson – Dove stated that Anderson and himself were meeting with Laramie County on September 17, 2024, at 9:00 A.M. to talk about an interlocal agreement.  Anderson said they would have to change the meeting date since the meeting has been changed to the morning.  There is an interlocal agreement for Horseshoe bend on the Northeast corner of the county with Scottsbluff County that was done four years ago.  Anderson stated he has signed the purchase agreement with Nebraska Machinery for the road grader.  Kovarik said that there will have to be two different purchase agreements because the original motion was for the grader less the trade in.  The trade in on the packers and fenders will have to be on a separate agreement.  Anderson moves to correct the original motion of the grader to purchase to include less the $8,000.00 rent.  Anderson withdraws his motion. Kovarik suggested having the purchase agreement re-done to have the grader less the trade in and less the rent.  Then have a separate agreement with the fenders and less the packers.  The Board also inquired about the FEMA monies.  Dove said that Chelsea Mossberg has been in contact with FEMA and plans are to finalize around September 24, 2024, to include a final inspection. 
• Inventory – Robin Darnall – Darnall said she went through the inventories, and it looks good.  Darnall would like to see the serial number of the generator added onto the inventory and have the towers of the old computers removed.  Anderson moved to approve the inventory lists that each department provided authorizing the Chairperson to sign.  Lease seconded the motion.  Roll call vote:  Lease, yes; Darnall, yes; Anderson, yes.  Motion carried. 
• Commissioners to perform power and duties of Road Superintendent due to vacancy – Katie West – Kovarik stated that a Commissioner cannot be a Supervisor the Board can.  Darnall moved to appoint the Commissioners to perform power and duties of the Road Superintendent due to vacancy.  Lease seconded the motion.  Roll call vote:  Lease, yes; Darnall, yes; Anderson, yes. Motion carried. 
• Budget – Commissioners – Kovarik explained how the pink postcards work and LB34 will affect the future budget.  Lease also commented that the annual growth rate is the worst part for Banner County for the LB34 law.  All public safety officials/budget are exempt from LB34.  Anderson said that there is a little confusion about how the highway buyback program works and would like to learn a little more about it.  Kovarik also explained that the inheritance tax works and that the county does not have to pay those monies back and the county should look at starting to use them because he feels that with LB34 those monies are not safe to sit. Anderson agreed. There was discussion on how to use the ARPA funds, District Court, Extension, and General Miscellaneous. 

Recess was called at 12:56 P.M.

The meeting was back in session at 1:39 P.M.

        The budget discussion was continued onto the road department.  The Board called Candace Meredith to ask questions on revenues and to see how Banner County’s budget was looking. 

Recess was called at 4:55 P.M.

Meeting was back in session at 5:00 P.M.

        Kovarik explained how to purchase radios with ARPA funds for the road department and if they loaned them out there would have to be an interlocal agreement.  There is $51,069.91 of ARPA funds left.  With a purchase for the county car of $17,500.00, there would be $33,569.91 left. The Board would like to take the remaining $33,569.91 of ARPA funds and add $20,000.00 to the Civil Defense budget to get Banner County radios to be able to communicate with other counties in an emergency. 

Claims:

General: Banner Capital Bank - $3,715.03, HSA; Argus - $218.84, Dental; Aflac - $364.51, Employee Benefits; VSP - $185.29, Vision; Aptive - $10,828.51, Health; Eakes - $91.63, Office Supplies; US Bank - $838.83,Fuel, Postage, Repairs, Supplies; Leonard Tabor - $ 214.00, CC Cost; Madelung Law - $80.00, CC Cost; Kimball Treasurer - $2,663.13, Extension; MIPS - $1,675.08, Data Processing; NRD - $52.12, Water; Hometown Leasing - $138.64, Copier; Region 22 - $1,764.00, Emergency Management; Western NE Seed & Chemical - $1,123.65, Weed Chemical

Sheriff: US Bank - $1,322.49, Travel, Training, Supplies; Inncorp LTD - $2,398.00, Safety Equipment

Road: US Bank - $22.00, Subscription; NRD - $31.42, Water; Eakes - $10.55, Office Supplies; Banner Capital Bank - $1,041.68, HSA; Colonial Life - $29.48, Dental; Aflac - $542.99, Benefits; VSP - $60.77, Vision; Aptive - $5,118.19, Health

County Fair: Tallyn Chesley - $39.00, Ribbon; Karsyn Chesley - $38.00, Ribbon; Dlilah Hughes - $2.00, Ribbon; Jalanna Krakow - $50.00, Ribbon; Kohl Krakow - $15.00, Ribbon; Gabe Olsen - $25.00, Ribbon; Isaac Olsen - $35.00, Ribbon; Luke Olsen - $31.00, Ribbon; Tate Olsen - $23.00, Ribbon; Trace Olsen - $10.00, Ribbon; Alaina Sperfslage - $53.00, Ribbon; Jacob Sperfslage - $41.50, Ribbon; Andie West - $28.00, Ribbon; Austin West - $26.00, Ribbon

        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 6:05 P.M.

        The next regular meeting will be held September 17, 2024, at 8:45 A.M. or at the call of the clerk.  The Budget hearing is scheduled for September 11, 2024, at 6:00 P.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