**This is a condensed version of the Banner County Board of Commissioners meeting minutes. These minutes are not the official approved version. For a complete and/or approved version of the Banner County Board of Commissioner meeting minutes, please contact Katie West, Banner County Clerk during regular business hours.**
BANNER COUNTY
COMMISSIONERS PROCEEDINGS
The Banner County Board of Commissioners met in special session, in the courtroom of the Banner County Courthouse on March 7, 2023 at 8:45 am.
Notice of the meeting was given in advance by publication in the Western Nebraska Observer. A copy of proof of publication is on file in the office of the Banner County Clerk. Notices were posted in Harrisburg, Nebraska at the Post Office, Banner County School, and the Banner County Courthouse.
The agenda for the meeting was kept current and was available during the regular business hours at the office of the County Clerk. A copy was emailed to each board member on March 6, 2023.
Chairperson Darnall called the meeting to order at 8:49 am. Roll call shows all members present. Also present: County Assessor Kacy Krakow; County Attorney Mark Kovarik; Treasurer Kathy Natale; Highway Superintendent Tom Neal; Sheriff Hopkins; and County Surveyor Carl Gilbert.
Chairperson Darnall stated that the open meetings act is posted in the back of this courtroom by the entrance.
Agenda was examined. Motion by Gifford too accept the agenda as presented. Second by Anderson. Roll call vote: Anderson yes; Darnall yes; Gifford yes. Motion carried.
The minutes of the February 7, 2023 meeting were examined. Motion by Gifford to accept the minutes as presented, with correction of CDL bonus to be already have CDL after 6 months. Second by Anderson. Roll call vote: Anderson yes; Darnall yes; Gifford yes. Motion carried.
Correspondence - Nebraska Intergovernmental Risk Management association and the American Tower Company Lease. No action on correspondence.
Public Comments - Eddie Shaul asked about the FEMA contract, if it was ever received, and inquired if the over payment of $6,000 was ever received. Neal reported that we have not yet received the FEMA grant. County Clerk West reported that the $6,000 over payment had been found and the County has received a credit.
Reports:
Highway Dept - Tom Neal: No new snow to remove. Two of the three new hires remain. Neal also wants to change the culvert size to two 36” culverts. They are easier to find and install. FEMA wants only one culvert of a bigger size. Neal said he is waiting on FEMA to return his call. FEMA inspects 10% of the culverts in Banner County. Neal reported he needs to take pictures of the fencing and contact the landowners so he can turn the damage from the snow into NIRMA. Neal said it would be helpful if the landowners would report any damage to their fences to him.
Weed Supt - Baird Family Farms: Absent
County Attorney - Mark Kovarik: Working on the District Court agreement with Kimball County for training Banner Clerk, West, by Deb Diemoz. Kovarik said he will have it done by the next meeting. It will be a six - month contract.
Treasurer - Kathy Natale: Reported yesterday was the tax sale. Also reported that she has been balancing out every month.
County Clerk - Katie West: Reported all the election side of things have been updated. Insurance is squared away and the retirement is still in progress. All corrective payroll is done, and all the necessary changes for the future. West said she talked to each employee about their paycheck and made sure all corrections were made. Register of Deeds is up and running. All corrections, balancing, and updating has been done with the help of Jean Bauer from Scottsbluff County. West is getting trained by Deb Diemoz of Kimball County for the District Court. The County received a bill from the IRS for a payment of $11,232.50. The bill was for a 941 quarterly tax payment that was not made for the first quarter of 2022. West contacted the IRS to have them explain the bill. JR West asked why the auditor never found that, if an audit was done? Gifford explained the audits are a year behind.
County Assessor - Kacy Krakow: Reported she is working with the State for property taxes and Homestead exemptions. Krakow also said that she and West have hired an assistant, Cami Gaasch. Cami will start on Monday, March 20, 2023. Darnall asked the road dept/Sheriff have an assistant, the Treasurer has an assistant, and Clerk and Assessor have an assistant, why do we need to cross train? Treasurer Natale answered that she has been training Tom Neal to do claims and other office duties of his job before his assistant starts. Ashley Morris, Treasurer assistant, has been training in the assessor and clerk’s office. Assessor Krakow explained that this helps take pressure off the budget and thought it would be a good idea to cross train assistants.
Sheriff Hopkins: Sheriff Hopkins reported getting busy. The snow is melting and speeding is becoming a factor. Sheriff Hopkins and Tom Neal hired Chelsea Mossberg as their assistant. Hopkins also reported he is doing a Facebook poll for the decal design on the new cruiser. The bank note has been signed and the new unit is paid for.
County Surveyor - Carl Gilbert: Reported he has been at a state line to county road 16 and 18 for the county corners. He also has been voted in on the professional Nebraska State Surveyor Board member. Carl will be representing the Panhandle of Nebraska.
Commissioners: No conferences attended.
Commissioner Committee Reports:
Gifford; PADD, OHD, PPHD: Reported their meeting was a virtual meeting on Thursday, they decided too spend the COVID - 19 money to purchase an office in Scottsbluff.
Anderson: Office of Aging and Region 1 Behavioral Health: Reported he missed the meetings, but he will make the next ones.
Darnall: No report on Emergency Management. Reported that the Banner County VFD has received a grant for $49,999.99 to purchase a new cot for the ambulance. Darnall also reported that the locks have been changed on the outer doors of the courthouse. To check out a key, the Officials must go through a Commissioner. There is a check - in and check - out form.
Items of business before the board:
Gering Valley Plumbing & Heating: Absent.
District of County Deputy Contract: County Attorney Kovarik reported it will be a 24hr/mth contract for six months to train Banner County Clerk West. Kovarik will finalize the contract by the next meeting. Copies can be sent to Kimball and one on file in Banner County. This contract will be approximately $310/mth plus mileage. Approximately $12.50/hr for Kimball County Register of Deeds Deb Diemoz to train West.
Petition to close Road 53: Jerry West asked about closing Banner County road 53. He is the only residence on the road and owns both sides. Jerry also takes care of the weeds. Jerry would also like to put up a gate to stop the traffic from entering their yard. Jerry reported the road is 3/4 mile long. The landowners that are closest have no access to their land from road 53. Kovarik said per statute this requires a petition in writing to be signed by 10 bordering landowners. Kovarik also reported a pubic hearing would need to happen, and Tom Neal, Banner County Highway Superintendent, will do a road study. Gifford added this isn’t considered a “closing”, but rather “vacating a road”.
Signature for bank: Treasurer Natale inquired about what she needs to do for her assistant, Ashley Morris, to be approved for a signature at Banner Capitol Bank. County Attorney Kovarik reported that the bank needs the minutes from the last meeting, Morris needs to take an oath to be a signer. Treasurer Natale asked for approval to take the minutes of the February 7, 2023 meeting to the bank.
Advertise for fuel bids: Superintendent Tom Neal asked to put out advertisement for fuel bids. Motion by Gifford to authorize Neal to advertise for fuel bids. Second by Darnall. Gifford asked Neal how many gallons were needed? Neal reported he needed more than last year, the contract is supposed to start in March. Neal was not sure how many gallons they used in the past, possibly 40,000 gallons.
NACO: Judd Allen reported that Banner County is currently in a pool insurance with other counties. This helps stabilize rates. Rates have gone up from last year because of all the elective surgeries have increased since COVID - 19. In April, NACO will look at premiums and may go into the reserve funding to bring the rates down. Banner County’s insurance has not changed in eight years. We could get a lower rate as we have younger employees than in the past. If Banner County leaves the current insurance, the County could not get back in the pool for two years and would have to go through underwriting. The cash in lieu option would still be available. Anderson and Allen are currently getting quotes from other insurance companies to see what is best for the County.
Chairperson Darnall opened the Banner County Comprehensive Plan Hearing at 10:00 am. Charlie Singleton and Lyle Huffman were in attendance for the Comprehensive Planning Committee. Singleton reported that all the corrections were made and sent to the past Clerk electronically. Gifford commented that he liked what they had done, the Committee has put a lot of time and effort into this Plan. Darnall asked about the energy element? Darnall said the plan goes against statute as it is missing the energy element required. Singleton said that he was certain that was fixed. Dr. Brown sent an email with the corrected copy in October to the previous County Clerk. Singleton reported they spent a lot of time on this plan, with no direction, they did receive help from Kovarik and also used the old plan as an aid. PADD does help with Comprehensive Plans. Singleton said he reached out to Kimball County. Gifford asked if the Board could get updated copies? Carl Gilbert also confirmed that the corrections and typos were fixed in the December meeting. Gilbert also reported that the Committee saved the County a lot of money for not using PADD. Darnall closed the hearing at 10:16 with no action taken. The Board and Committee re - scheduled the Comprehensive Plan Hearing for April 4, 2023 at 10:00 am.
Commissioner meeting reconvened at 10:17 am with Judd Allen. Allen asked if he could put some quotes together. Allen also asked if he should add in dental quotes. Allen also reported that there is a transport policy for helicopters. Employees pay $12.50 per month for family if this option is added. Allen also said that Banner County currently pays 100% of insurance for the county employees and elected Officials.
Weed Superintendent applications and interviews: There were six applicants: Brett Cross, Tim Grubbs, Ken & Lacy Krakow, Jerry West, Nikayla Fletcher, and Quinn Wold. Each applicant was interviewed separately. Anderson stated that the applicants were diverse and talented. Motion by Anderson to hire Tim Grubbs as the Weed Superintendent for Banner County. Second by Gifford. Roll call vote: Anderson yes; Darnall yes; Gifford yes. Motion carried.
Payroll: Road Department 2 week period - Clerk West reported that the road employees would like to be paid twice a month. The road employees believe this would fix the mistakes. West reported she talked to MIPS and it is possible to do a bimonthly payroll. This would only be for the hourly employees, and not the elected Officials. Kovarik said there is a statute that says employees and Officials have to be paid on the second working day of the month, but wasn’t sure if that was for hourly employees. Gifford said an electronic time clock would fix the problem, but in the past, there was push back. Treasurer Natale also noted that the vehicles have trackers on them for checking to see if times were correct. No action taken.
Security camera policy: Kovarik reported Commissioners can request preservation camera footage. This is a live feed only, and helps shield employees for surveillance because of misuse in the past. The chain of custody would be the Commissioners to Sheriff Hopkins or Kovarik. The Commissioners could not go to Gardner technologies. The only way to pull footage is reasonable suspicion and not hearsay. Anderson talked with Gardner. Gardner has a log of access. Sheriff Hopkins has had access to the system two times and both times were less than 10 minutes. Sheriff Hopkins cannot back up or hear audio. Sheriff Hopkins only has access to live feed. Audio is only accessible if requested. Sheriff Hopkins cannot turn on/off cameras. Sheriff Hopkins can do system checks, which he does once a month. Anderson reported the policy and accessibility is a lot tighter than in the past. Currently there is no policy for the elected Officials to access the system. The system is restricted to Sheriff Hopkins for granting access and retrieving data. Clerk West asked what if the cameras go down? How would you know? Anderson reported that nobody would know unless the Sheriff did a system check. Treasurer Natale reported that the cameras have to update periodically. Jerry Gardner calls and lets the office know when this has to be done. LeAnn Trompke said she doesn’t think anybody will misuse the cameras, but we will know we are on camera and that this does not make it a hostile work environment. Motion by Gifford to accept the security camera policy. Second by Anderson. Roll call vote: Anderson yes; Darnall no; Gifford yes. Motion carried.
Comprehensive Plan Committee - appoint three people: Outgoing members are Lacy Krakow, Charity May, and Kurt Baker. Evelyn Brown submitted her resignation letter. Kyle Ann Hopkins took over for Brett Jeffries. Motion by Anderson to appoint Tanner Groves, Joe Singleton, and Ryan Olsen to the Comprehensive Plan Committee. Second by Darnall. Roll call vote: Anderson yes; Darnall yes; Gifford yes. Motion carried.
American Tower Contract - Tim Grubbs/Tom Neal: Unlicensed antennae that belongs to the road department. Grubbs reported that the fire department had a contract with the company forr $1.00/year. with the past company. The past company was bought and the new company did not have a contract. Grubbs reported that he does not know how the antennae got there, and American Tower has no record of it. Fire department has had their antennae up since 1998 or 1999. Kovarik said he is working with American Tower Company to make corrections to the contract. No action taken.
Dismiss/act - approve claims: The following claims for March 7, 2023 were audited. Motion by Gifford to approve the claims and warrants ordered drawn on the respective funds. Second by Darnall. Roll call vote: Anderson yes; Darnall yes; Gifford yes. Motion carried.
ROAD CLAIMS
AT & T $76.21; Action Communication $50.40; High West Energy $453.70; Wyrulec $121.08; Peetz Farmers $1369.39; Aulick $1,350.00; B & C Steel $103.60; Kimball Auto Parts $2,465.60; Transwest $213.15; Print Express $429.00; Contract Materials $459.00; Verizon Connect $32.38; Newman Signs $10,374.82; Parson’s Trucking $4,120.00
TOTAL = $ 21,618.33
GENERAL CLAIMS
AT & T $256.60; Banner Capitol Bank $2,666.72; Blue Cross Blue Shield $17,163.69; Nebraska Assoc. of Assessors $60.00; Colonial Life $110.74; Eakes Office $217.55; Election Systems $114.02; First Concord $22.50; Frank Parts $4.49; Tim Grubbs $60.00; Zane Hopkins $15.00; Ideal Facility Solutions $147.41; Marshall & Swift $385.95; MCI $36.03; MIPS $1,584.90; Panhandle Association County Assessor $100.00; William C. Peters $1,228.00; VSP $234.99; Western Nebraska Observer $1,436.59; US Bank $1,031.82; Banner District Court $108.00; First Concord $37.50; VSP $469.98; DAS State Accounting $41.64; MCI $56.32; Banner County Court $17.00; Ellison, Kovarik, & Turman $1,875.26; High West Energy $1,048.02; Vistabeam $184.90; Western Nebraska Observer $239.60; Midwest Connect $223.00; E S & S $1,825.82; Quadient Finance $350.79; Peetz Farmer’s Coop $915.24; Wiznerd $292.50; Gering Valley Plumbing $204.00; Scottsbluff Communications $90.00; Verizon $43.66; Bizco Tech $305.26; Horse Creek Tires $36.00; Actioon Communications $65.00; Consolidated Management $43.00; Motorola Solutions $5,405.00; Scottsbluff Region 22 Emergency $856.92; Eakes Office $148.94; Nebraska Assoc. of Clerks $50.00; Panhandle Partnership $30.00; North Platte Telegraph $50.92; Century Link $1,021.39; Western Nebraska Papers $4,653.46; Banner Capitol Bank $5,000.04.
TOTAL = $52,566.42
Motion by Anderson to adjourn meeting at 8:47 pm. Second by Gifford. Roll call vote: Anderson yes; Darnall yes; Gifford yes. Motion carried.
Meeting adjourned at 8:47 p.m.
Next Meeting - March 21, 2023
Board of Commissioners - 5:30 p.m
