Board of Commissioners Special Meeting

Banner County Board of Commissioner Proceedings

                The Banner County Board of Commissioners met in regular session, Tuesday, September 17, 2024, at 8:45 A.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 Thursday, September 12, 2024.

                Chairperson Darnall called the meeting to order at 8:45 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 minutes of the September 16, 2024, meeting were examined.  Lease moved to table the minutes of the September 16, 2024, special meeting to October 1, 2024.  Anderson seconded the motion.  Roll call vote:  Lease, yes; Darnall, yes; Anderson, yes.  Motion carried.   

                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. 

Correspondence:

• NIRMA Annual Membership Meeting – West gave the Board the information on the meeting.  The Board examined the information.  The NIRMA Annual Membership meeting will be held in Kearney, Nebraska on October 24-25, 2024.
• Region 22 Emergency Management – West said that Ashley Hopkins sent an email to announce the new Emergency Manager Director, Robert Crowder and there will be a meet and greet on September 24, 2024.  West also stated that this morning Region 22 sent an email on possible high winds and hail for Banner County in the afternoon.

Public Comments:

                There were no public comments.

Items of Business Beford the Board:

• Flyover Brewing Company SDL – Niki Egan – Attorney Mark Kovarik said that the SDL requires a simple approval to serve alcohol on private land. Lease said he would like more information, and the sheriff should be informed of the event. Darnall moved to approve the SDL liquor license for the Flyover Brewing Company. Anderson seconded the motion. Lease said that he thinks that it is important to keep the sheriff informed and for a representative to show up and inform Banner County of the event.  Roll call vote: Lease, no; Darnall, yes; Anderson, no.  Motion failed. 
• Situla Group Discussion – Don Lease - A large group of representatives from Situla and Dunlieh Energy.  Lease reminded everyone that there is a town hall meeting tonight with Situla at the Banner County School at 6:00 P.M.  Thaer Flieh, CEO and Kirk Hayes, COO informed the Board about the solar project.  Flieh and Hayes discussed topics on the duration of the project, creating job opportunities, revenue, impacts on the environment, and the decommission process.  The Situla Project that is proposed is a 400 mega-watt solar panel project that has a lifespan of 35 years.  Flieh and Hayes say that the battery storage facilities will have a fire suppression system in them.  Dunlieh is also working with WAPA (Western Area Power Administration). They plan on purchasing 80% of the materials within the United States.  The Board asked several questions including how they are planning to compensate emergency services, why Banner County, are microclimates possible, how does the weather impact the panels and batteries, and who controls the noxious weeds?  Dunlieh is planning on meeting with Banner County’s Fire Chief and the neighboring property owners to discuss needs and expectations.  Banner County is a prime area for higher solar resources with five percent more than the eastern side of the state. There is also a lot of infrastructure in the area with flat land and large parcels of land.  Hayes said there has been no evidence of microclimates that are caused by solar panels.  Flieh says that the solar panels will be fenced off so there will be little to no wildlife on the project site. The panels are also hail resistant and can withstand winds up to 80 – 100 mph.  The panels can also pivot to resist certain weather conditions.  Dunlieh also stated that noxious weeds will be controlled on the project site. The Board also asked what the potential downfall of the project would be.  Dunlieh plans on being the owner throughout the life of the project. 

The Board recessed the meeting at 11:08 A.M.

The Board came out of recess at 11:17 A.M.

• Road Department Purchase – Commissioners – Anderson moved to purchase the road grader per contract with Nebraska Machinery from the inheritance fund. Lease seconded the motion.  Kathy Natale asked what funds she would have to transfer those funds into. Anderson said there will be two claims, one with the road grader less the rent and trade in and the other with the purchase of fenders less the packer trade in.  Roll call vote: Lease, yes; Darnall, yes; Anderson, yes. Motion carried.
• Road Department Discussion – Laif Anderson – Anderson said that mowing should be starting next week and cleaning the field approaches.  Gravel projects are also coming along.  Tim Grubbs informed the Board that spraying will be coming to an end sometime next week.  Anderson has been approached on putting an auto gate in a county road.  He will have to meet with Jay Dove and the landowner to get the full details.
• Interfund Transfer – Commissioners – Natale let the Board know that a resolution needs to be signed to move funds from the Inheritance fund to General for the road grader and the budget.  Anderson moved to pass a resolution to do an interfund transfer of $50,000.00 from inheritance fund to general fund and $130,650.00 for the motor grader/fender purchase to the road department.  Lease seconded the motion.  Roll call vote: Lease, yes; Darnall, yes; Anderson, yes.  Motion carried. 
• Resolution 1% Levy Authority – Darnall read Resolution 24-11 Allowable Increase of Restricted Funds.  Lease moved to approve Resolution 24-11 Allowable Increase of Restricted Funds. Anderson seconded the motion. Roll call vote:  Lease, yes; Darnall, yes; Anderson, yes.  Motion carried. See attached.
• Purchase Car – Commissioners – Sheriff Zane Hopkins explained the process of purchasing a car from federal surplus worked. Anderson moved to approve the purchase of a Dodge Charger for $17,500.00 from Nebraska Federal Surplus using the ARPA funds. Lease seconded the motion.  Roll call vote: Lease, yes; Darnall, yes; Anderson, yes.  Motion carried. 

Claims:

General: Crowne Plaza - $299.90, Lodging; Secretary of State - $10.00, ID Cards; High West Energy - $657.95, Light; Gardner - $416.10, Camera Repair; Ideal -$102.83, Janitorial Supplies; Pack Rat - $45.00, Trash; Banner County Court - $51.00, CC Cost; Bytes - $2,253.00, IT Servies; Douglas Kelly, Ostdiek - $440.00, CC Cost; Eakes - $205.06, Copier Contract; Ellison, Kovarik, Turman - $2,141.44, Attorney Fees; Jean Bauer - $150.00, ROD Training; Kimball Treasurer - $1,792.01, Extension; Quadient - $348.36, Postage; Quadient - $266.88, Postage Machine; Scottsbluff Detention - $4,330.00, Prisoner Board; Westco - $1,120.78, Fuel and Weed Tank; Western NE Observer - $970.00, Advertising

Sheriff: Westco - $397.51, Fuel; Transwest Ford - $27.48, Parts

Roads: AT&T, $46.39, Cell Phone; Frank Parts - $364.54, Parts; High West Energy - $266.00, Light; Ideal - $28.88, Janitorial Supplies; Kimball Auto - $771.91, Supplies and Parts; NMC Cat - $2,805.16, Repair Parts; Pack Rat - $160.00, Trash; Power Plan - $4,575.20, Parts and Labor; PT Hose and Bearing - $216.04, Repairs; Verizon - $233.10, GPS Tracker; Vistabeam - $87.95, Internet; Westco - $2,082.04, Fuel; Western NE Observer - $218.36, Advertising; NMC Cat - $10,650.00, Road Grader

County Fair: Kimball Ag Society - $1,610.44, County Fair Expenses

                Lease moved to approve claims.  Anderson 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 12:18 P.M.

                The next regular scheduled meeting will be held October 1, 2024, at 8:45 A.M. or at the call of the clerk.  The Property Tax Hearing is September 26, 2024, at 6:00 P.M. and the Budget Hearing is September 26, 2024, at 7:00 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