Board of Commissioners Meeting

**This is a condensed version of the Banner County Board of Commissioners meeting minutes. These minutes are not the official/approved version. A draft/unapproved copy of the Banner County Board of Commissioner meeting minutes is available for public viewing 10 days post meeting date at the Banner County Clerk’s office. 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.**

Commissioners Proceedings

The Banner County Board of Commissioners met in regular session on Tuesday, June 4, 2024 at 8:45 a.m. in the courtroom of the Banner County Courthouse.

Notice of the meeting was published in the Western Nebraska Observer. A copy of proof of publication is on file in the office of the Banner County Clerk. Meeting notices posted in Harrisburg, Nebraska at: 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 Banner County Clerk.  A copy was emailed to each board member on Monday, June 3, 2024.

1. Chairperson Darnall called meeting called to order at 8:46 a.m.
2. Clerk West took roll call, showing all Board members present.
3. Chairperson Darnall announced a copy of the Nebraska Open Meetings Act is posted in the back of the courtroom by the entrance.
4. Lease led prayer.
5. Pledge of Allegiance was said.
6. Consent Agenda: Darnall requested items be separated.
   • Approval of Agenda: Motion by Lease to approve agenda, moving Nebraska Land and Trust to when representative arrives. Budget discussion will be at 12:30 pm. Second by Anderson. Roll call vote: Lease yes; Darnall yes; Anderson yes. Motion carried.
   • Adopt minutes May 21, 2024: Motion by Lease to adopt May 21, 2024 minutes as presented. Second by Anderson. Roll call vote: Lease yes; Darnall no; Anderson yes. Motion carried.
   • Correspondence: None.
   • Claims: Motion by Anderson to approve claims. Second by Lease. Roll call vote: Lease yes; Darnall yes; Anderson yes. Motion carried.
     • General: Eakes $251.56 - office supplies; Hometown Leasing $138.64 - copier; Madelung Law $392.00 - county court; Multi - County Information and Programming Services (MIPS) $1,6288.66 - data processing; Nebraska Association of County Officials (NACO) $968.35 - dues; Natural Resources Districts (NRD) $33.72 - water; Pack Rat $45.00 - trash; Sandberg Implement $114.47 - lawn mower parts; Scottsbluff Co. Treasurer $100.00 - postage; United States Treasury $3,314.03 - quarterly employee income tax withholding payment (form 941); US Bank $363.79 - office supplies; Western Nebraska Observer $711.29 - advertising; Wildcat Surveying $6,919.88 - survey; Zulty’s $639.43 - telephones; Aflac $364.51 - employee benefits; Aptive $11,153.69 - health insurance; Argus $218.84 - dental insurance; Banner Capital Bank $4,131.70 - health savings accounts; Colonial Life $205.06 - dental insurance; Vision Service Plan (VSP) $209.02 - vision insurance.
     • Sheriff: Nebraska Sheriff’s Association/Police Officer’s Association of Nebraska $214.00 - training; US Bank $166.99 - supplies, meals, and gas.
     • Road: Eakes $71.98 - office supplies; Natural Resources Districts (NRD) $29.12 - water; Pack Rat $160.00 - trash; Rich’s Wrecking $750.00 - repair parts; US Bank $22.00 - dues; Aflac $542.99 - employee benefits; Aptive $4,815.52 - health insurance; Banner Capital Bank $1,041.68 - health savings accounts; Colonial Life $29.48 - dental insurance; Vision Service Plan $60.77 - vision insurance.
7. Public Comments: None.
8. Reports:
   • Highway Department: Shop Foreman Tim Grubbs reported completing two interviews, and two more applicant interviews scheduled for road department employees. Grubbs reported past storm did not do much damage to roads. Grubbs purchased a motor for Chevy pickup. Grubbs is repairing red Ford pickup as road department has few pickups at this time. Grubbs reported three dedicated drag routes, with one floater. Grubbs requested Lumen place the fiber optic cable in the ditches, rather than in the road. Grubbs reported Nebraska wants cables in ditches vs roadways.
   • Weed Department: Weed Superintendent Grubbs reported putting together a spray pickup. Grubbs has an applicant for weed department employee, Grubbs is waiting to hear back from applicant. Grubbs is starting weed inspections.
   • Sheriff: Sheriff Hopkins reported Deputy Luft’s last day was May 31, 2024. Hopkins reported summer traffic has increased. Lease asked about Deputy salary? Hopkins stated Deputy Luft was paid $44,000.00/year with benefits. Deputy salary would need to increase to $60,000.00/year with full - time benefits to be competitive. Hopkins stated he spoke with Scottsbluff county, part - time deputies with no benefits is minimum $25.00/hour. Starting July 1, 2024, Scottsbluff’s new deputies (new/not certified) will make $26.46/hour. To put in perspective, if Sheriff Hopkin’s worked 40 hours/week, Hopkin’s salary would be $26.58/hour. Scottsbluff has eight step program, mid step would be approximately $36.50/hour - currently Hopkins would be approximately $29.00/hour as deputy in Scottsbluff county. Lease stated Banner County’s benefit package is approximately $7.00/hour on top of wages. Darnall asked about family insurance and health savings accounts offered elsewhere? Hopkins was unsure of other counties benefit details.
   • County Attorney: Kovarik reported District court is today and County court tomorrow.
   • County Treasurer: Natale reported she will be attending District meeting next week.
   • County Clerk: West reported cleaning courthouse basement is almost complete. West met with auditor, preparing for county audit. Janitor, CindyJean Stover has resigned, her last day is June 30, 2024. West reported Distict court at 1:00 pm today. Darnall asked if the county balanced to bank? West answered balancing should be done next week. Darnall assumed the Treasurer’s office and Clerk’s office balance daily? Natale stated the offices never balance daily. Darnall asked about balancing monthly? Natale stated offices are to balance monthly, but this cannot be done until Clerk balances with bank.
   • County Assessor: Krakow reported valuation notices were sent, some of the percentages were wrong. This was a clerical error and Krakow will correct these.
   • County Surveyor: Carl Gilbert absent.
   • Commissioners:
     • Don Lease: Lease stated Panhandle Public Health District (PPHD) Director will be retiring at the end of the year. PPHD Board will be interviewing and appointing a new Director. Lease mentioned PPHD will be looking for a “community spirited” individual who lives in Banner County to add to their Board later this year. State is doing away with the “waiting list” for Office of Human Development (OHD). Lease will be attending budget workshop and Nebraska Association of County Officials (NACO) meetings in Kearney next week. Discussion on broadband.
     • Robin Darnall: Darnall stated Emergency Management Region 22 Director, Tim Newman resigned, his last day will be June 30, 2024. This Tuesday, Region 22 Emergency Management Board will meet and open the position for applications. Region 22 Emergency Management Board will conduct interviews at a later date. Discussion on budget for Region 22 Emergency Management. Interim Region 22 Emergency Manager is Ashley Hopkins. Darnall will be attending budget workshop and Nebraska Association of County Officials (NACO) meetings in Kearney next week.
     • Laif Anderson: Anderson reported attending an Region 22 Emergency Management meeting as Darnall’s alternate. This was an after - action meeting, discussing the past blizzard and what could be done better in the next disaster. Anderson attended Office of Aging meeting. Office of Aging has moved, they have purchase a building in Gering. Anderson attended the Region I Behavioral Health meeting last month, normal proceedings. Region I Behavioral Health has updated and corrected terms to meet state level needs, as far as terminology. Discussion on moving June 18, 2024 Commissioner’s meeting. Tuesday, June 18, 2024 meeting has been moved to Tuesday, June 25, 2024 at 4:45 pm.
9. Items of Business Before the Board:
   • Appraiser Quote Discussion: Krakow verified that Board has received appraiser contracts that were emailed. Krakow mentioned a property owner in Banner County has expressed interest in developing a different plan to avoid spending money on hiring an appraisal company. Sheila Newell, a property owner in Banner County, has reviewed the Reports and Opinions for Banner County. Newell spoke with Krakow, Property Tax Administrator and Tax Equalization & Review Commission (TERC) ordered Banner County to do a forced increase on residential and rural residential properties. Newell offered her expertise to Krakow, in order to develop a depreciation schedule and to help with Krakow’s methodology. Newell is a certified General Rural Property Appraiser, served as Special Master for TERC, served as Referee for Scotts Bluff county Board of Commissioners, served as appointed Appraiser for Cheyenne and Kimball counties for condemnations, appointed by Govenor to serve on Appraiser Board for five years as Chairman. Newell would like to have time to work with Krakow before next Board meeting, and possibly come up with a alternate solution other than hiring an appraisal company. Newell stated that once her and Krakow reviewed this, it may still be in the best interest of Banner County to hire an appraisal company, but Newell would like the opportunity to explore other options with Krakow, free of charge, and help Krakow, before spending funds on an appraisal company. Newell explained the importance of depreciation schedule per Marshall and Swift cost manual. Krakow uses depreciation schedule dated 2017, needs updated to 2023 depreciation schedule. Newell explained the substantial increase in cost as there is no current depreciation schedule. Anderson asked Krakow about staffing? Krakow expressed concerns about the time frame in having county reviewed by March of 2025 with training employee(s). Darnall asked Krakow her thoughts regarding Newell helping to re-evaluate this? Krakow is concerned about the time restraints and being reviewed by March 2025, and would not like to postpone this another two weeks. Newell commented that as of today, Banner County is in compliance with Property Tax Administrator, their only concern was residential and rural residential. Newell is confident that her and Krakow can work together and reassess all the residential and rural residential to get more aligned with what the values actually are before March 2025. Anderson voiced concerns with this costing more money in the future vs hiring the appraisal company today. Motion by Lease to accept the contract with Cardinal Appraisal ($47,870.00). Second by Anderson. Roll call vote: Lease yes; Darnall no; Anderson yes. Motion carried.
   • Status of Courthouse Glass Removal: Lease reported he has not received a quote from Thompson Glass as of yet. Natale stated wanting safety glass down close to the counter, two speaking holes, and reflective barrier for back windows. Natale reported this glass would be safer than what we have now and setting the glass back on the counter. Darnall asked how much money? No quotes have been received. Darnall mentioned lack of budget. Anderson mentioned reinstalling glass as it was. Natale suggested not putting glass back up, as this will create issues with people in Banner County. Natale suggested keeping window gates closed. Darnall mentioned glass coming down was not authorized, now it requires tax payer money to replace them, there is no budget, as County doesn’t balance. Darnall suggested the most cost efficient solution was to put glass back up as it was, and leave it until we can establish a budget. Anderson mentioned the reason the glass needing to go back up is a solid recommendations from Nebraska Intergovernmental Risk Management Association (NIRMA - county insurance), County Attorney, and Law Enforcement. Darnall asked replacement costs? Lease answered approximately $1,000 - $2,000. Natale suggested using American Rescue Plan Act (ARPA) funds. Anderson mentioned county would not be in this situation, if the glass was addressed properly, so money could be budgeted to address the issues. Motion by Lease to table status of courthouse glass until June 25, 2024 meeting. Second by Anderson. Roll call vote: Lease yes; Darnall no; Anderson yes. Motion carried.
   • Nebraska Land Trust: Dave Sand mentioned being on the agenda because Nebraska Land Trust has been asked to be participate in a program by the United States Air Force (USAF) regarding their missile silos. Nebraska Land Trust is a 20 - year organization, founded in 2001. Agriculture land trust, we own no land, we believe in private stewardship. We provide a service to landowners who are in agriculture and want their land to remain in agriculture. Sand explained agricultural easements. Work with the Natural Resources Conservation Service. USAF would like to put conservation easements around missile silos. USAF is concerned about wind development around the missile silos, as helicopters land by missile silos and wind turbines affect helicopters flight paths. USAF is tapping into REPI (Readiness Environmental Protection Integration), department of defense program used to purchase conservation easements around military bases. This effort will take approximately 20 - 25 years. Easement program USAF has appropriated approximately $1.4 million. Project could fund up to 50% - 75% of appraised value. Funding available for conservation easements. USAF pays for appraisal, take care of land, and pay any endowments. Sands stated Nebraska Land Trust is not tied to Biden’s 30 x 30. Sand would like a liaison on the Commission to communicate with. Lease will act as the liaison between the NLT and Banner County Board of Commissioners.
   • Training Discussion: Sheriff Hopkins mentioned School Resource Officer training. Travel for this will need to be booked prior to upcoming budget. Portions of travel will not be tax free. Training course in Texas is approximately $2,000.00 - $2,200.00 for training, meals, and flights. Anderson asked what this would mean for Hopkins? Hopkins answered it teaches how to police kids, work with kids when they make mistakes, and recognize signs in kids dealing with mental illnesses. Five full day course. Darnall asked if Banner County School might pay for some of the training, since it’s for the school? Discussion on getting on BC School agenda to discuss the school’s interest in this and possible financial assistance for replacing Sheriff’s Deputy. Lease mentioned needing more interaction between the Sheriff and school students. Darnall will ask to be on the agenda with Banner County School Board. School resource training is in July in Texas and November in Indiana. Motion by Lease to allow Hopkins to make travel arrangements for training in Texas, not to exceed $2,200.00. Second by Anderson. Darnall mentioned budget. Anderson mentioned benefits of the School Resource Officer training. Anderson asked if Hopkins could go in November instead? Hopkins stated he has a special budget and another budget that has not been touched for this year. Darnall mentioned budget concerns and not balancing. Anderson withdraws second. Darnall questioned county paying taxes on travel expenses? Discussion on tax free forms. Motion dies due to lack of second. No action taken.
   • Road Department Discussion: Anderson stated there two applications for road maintainer operators. Road department has four employees, management may become an issue if county continues without a Road Foreman appointment and Road Superintendent positions. Darnall would like to review road department wages and positions. Grubbs stated a Road Foreman would help oversee projects. Discussion on road employee wages. Anderson stated he would like to appoint an interim Road Foreman, clean up the job application for the Superintendent position, and continue hiring personnel. Grubbs stated the interim Road Foreman would be a working position, new hires could train as an operator. Darnall suggested hiring a Road Superintendent, who would appoint the Road Foreman and hire new operators. Discussion on road wages. Motion by Anderson to appoint Jay Dove as interim Road Foreman. Second by Lease. Anderson stated once a Road Superintendent is hired, the Road Superintendent will then appoint a Road Foremen. Roll call vote: Lease yes; Darnall yes; Anderson yes. Motion carried. Discussion on culverts that remain on Long Run. Anderson mentioned that these culverts may not be adequate to meet the needs on Long Run road. Discussion on getting an engineer study on Long Run road. Discussion on grants and FEMA (Federal Emergency Management Agency)/NEMA (National Emergency Management Agency) projects in the past. Anderson will remain Board liaison for the Road Department.
   • Annual USDA Wildlife Report: Matt Anderson will no longer be part of the organization. Treasurer Natale stated there will be a 5% increase bringing the total to $10,468.38. Natale stated it is a service to area ranchers for pest control. Motion by Lease to table USDA Wildlife Report until June 25, 2024. Second by Anderson.
   • Sprinkler Bid: Darnall stated it is a fair bid, but doesn’t want to decide anything until the new budget. No action taken.
   • Nebraska Intergovernmental Risk Management Association (NIRMA) Renewal: Anderson stated the NIRMA insurance will cover Heating, Ventilation, and Air Conditioning (HVAC). Anderson researched other companies and this is a fair bid. Motion by Anderson to approve NIRMA renewal. Second by Darnall. Roll call vote Lease yes; Darnall yes; Anderson yes. Motion carried.
   • Pest Control Management: Anderson stated the importance of this service as the county car and county shop are mice infested. Quote from Integrated Pest Management Service, LLC and Benzel Pest Control, Inc. Board deemed the county car non - operational due to mice infestation until further notice. Darnall stated because of this, any Official traveling to Kearney for training next week, will need to claim mileage, since the county vehicle is not safe. Motion by Anderson to approved Integrated Pest Management Services, LLC quote for consulting and monthly management. Second by Lease. Roll call vote: Lease yes; Darnall yes; Anderson yes. Motion carried.
   • WizNerds Website Commissioner Training: Nathan Rogers with Wiznerds stated the website is almost complete. Rogers has copied pictures and created a backup site for after the new website launches. Darnall will move minutes from 2018 - current. Rogers emphasized both websites will be down for a few days as they merge into the new website. Link for the new website will be the same as the previous one. Rogers trained Commissioners and courthouse employees on formatting, adding links, site notifications, creating logins, and passwords for office pages.
   • Adjournment: Motion by Anderson to adjourn at 1:27 p.m. Second by Darnall. Roll call vote: Lease yes; Darnall yes; Anderson yes. Motion carried.

A special meeting will be held June 25, 2024 at 4:45 p.m. or at the call of the Clerk. An agenda of the matters to be considered at such date and time is kept continually current and is available for public inspection during normal business hours at the office of the Banner County Clerk in the Courthouse in Harrisburg, Nebraska.