BANNER COUNTY
COMMISSIONERS PROCEEDINGS
**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.**
The Banner County Board of Commissioners met in regular session, in the courtroom of the Banner County Courthouse on March 21, 2023 at 5:30 PM.
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 also 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 , 20, 2023.
Chairperson Darnall called the meeting to order at 5:34 PM. Roll call shows all members present. Also present: County Assessor Kacy Krakow; County Attorney Mark Kovarik; Treasurer Kathy Natale; County Clerk Katie West; Sheriff Hopkins, County Surveyor Carl Gilbert, and Highway Superintendent Tom Neal.
Chairperson Darnall stated that the open meetings act is posted in the back of this courtroom by the entrance.
Pledge of Allegiance.
Agenda was examined. Motion by Gifford to accept the agenda as presented. Second by Anderson. Roll call vote: Anderson yes; Darnall yes; Gifford yes. Motion carried.
The minutes of the March 7, 2023 meeting were examined. Motion by Gifford to accept the minutes as presented. Second by Anderson. Roll call vote: Anderson yes; Darnall yes; Gifford yes. Motion carried.
Correspondence - ERTC Employee Retention Credit, PCS Technologies, and Nebraska Auditor of Public Accounts. Correspondence reviewed. No action taken.
Public Comments - None.
Reports:
Highway Dept - Tom Neal: Neal reported fuel bids had been received. Neal was not aware that they needed to be on the agenda to be opened. Neal will have the fuel bids on the agenda for next meeting. Neal also reported he will make sure that there are no expiration dates on the bids and let the companies know that it will be on the next meeting’s agenda. The road department is putting down gravel on the bad roads and they are currently on county road 36.
County Attorney - Mark Kovarik: Kovarik reported he has been busy with the different contracts and agreements. He has been working on the District Court training with Kimball County, the weed superintendent contract, and the American Tower Company Agreement. Besides those he has been doing business as usual.
Treasurer - Kathy Natale: Natale reported things have been slowed down some. Natale gave the Commissioners the official report for delinquent taxes. Ten parcels were picked up. Natale also reported two new assistants have been hired in the offices, and it is going well.
County Clerk - Katie West: West reported the transfer of funds for the patrol car from the Imprest account to the Banner County Treasurer regular checking account. This was on the recommendation of accountant, Don Wilson, as the correct way to distribute funds. West also reported she paid the IRS bill after double checking the amount and where the mistake was made. West reported she is still currently training with Deb Diemoz for the District Courts in Banner County.
County Assessor - Kacy Krakow: Krakow reported everything is going well. Krakow sent the abstract to the state and is currently working on personal properties and the Homestead exceptions.
Sheriff Hopkins: Sheriff Hopkins reported traffic is picking up with the nicer weather. Hopkins said that he is going to attend a drug forum next week.
County Surveyor - Carl Gilbert: Gilbert reported he is working in sections 19, 28, and 30. Gilbert is resetting corners and has done some private land surveying. Gilbert reported that he billed the county and private surveying separately. Gilbert reported he wanted to give the county a “heads up” for the wind farm going through. Gilbert also reported he is going to start that this summer and will have to review the budget, since this is a very big project. It will affect 20 sections. He will need to do section corners from the Kimball County line to Banner County road 18 to east of Highway 71, then from county road 14 to Highway 88 west.
Commissioners: Gifford and Darnall attended the District meeting in Gering.
Commissioner Committee Reports:
Gifford; PADD, OHD, PPHD: Nothing to report.
Anderson: Office of Aging and Region 1 Behavioral Health: Anderson reported that he attended the Region 1 Behavioral Health meeting, it was very informative. Anderson also reported that we need to be a part of it, although it really doesn’t pertain to Banner County.
Darnall: Nothing to report. No meeting as of yet.
Items of business before the board:
Nestled Insurance - Will Arthur. Cancelled.
District Court Contract: Deb Diemoz/Mark Kovarik: Kovarik reported Kimball County is good with the contract and this will be like an employee contract. This contract has to be in place for the protection of employees handling the classified documents for Banner County. Darnall asked to clarify with Kimball County to make certain they are good with this contract and agreement. Motion by Gifford to enter employment of Deb Diemoz and instruct the Chairperson to sign the contract/agreement. Second by Anderson. Roll call vote: Anderson yes; Darnall, no; Anderson yes. Motion carries.
Petition to close Banner County road 53: Jerry West: Gifford read the petiition to vacate Banner County road 53. Motion by Gifford for Tom Neal, Banner County Highway Supt, to do a road study for county road 53 north. Second by Darnall. Roll call vote: Anderson yes; Darnall yes; Gifford yes. Motion carried.
Weed Superintendent Contract: Tim Grubbs: Darnall asked that the “she’s” in the contract be replaced with “he’s”. Contract dates are from March 1, 2023 to December 31, 2023. Gifford stated he would like the pay to be over five months. Contract states the Weed Superintendent will be paid $50,000 monthly at the rate of $10,000/month starting in May and ending in September. Motion by Gifford to approve the contract with necessary changes of the “she’s” changed to “he’s” and adding in the pay schedule, instructing the Chairperson to sign the contract. Second by Anderson. Roll call vote: Anderson yes; Darnall yes; Gifford yes. Motion carried.
Courthouse Key Protocol: Darnall read the protocol. Gifford mentioned issuing three keys to the Sheriff, one for a Deputy. Neal mentioned he would like to give one to the shop foreman. Hopkins mentioned he would like one for himself, his secretary Chelsea Mossberg, and a Deputy when one is hired. Motion by Anderson to adopt the policy. Second by Gifford. Discussion. Anderson amended his motion to reflect “total of 13 keys” to “keys”. Second by Gifford. Roll call vote: Anderson yes; Darnall yes; Gifford yes. Motion carried.
Offical County Newspaper: Darnall reported Banner County can have two official newspapers. Darnall asked about using the Star Herald as well for emergency meetings or anything that needs to be posted sooner. Gifford mentioned people may not look in the Star Herald. Anderson asked about cost. Gifford mentioned it is allowed to have an emergency meeting without putting it in the paper. Website is not recommended, as it is not official. Darnall mentioned the Western Nebraska Observer has been great to Banner County. No action taken.
Kimball County Transit: Kari, Karen Donahue, Sarah Ludwig, and Dave Hickman presented new updates on the Kimball County Trransit. They reported there will be a lot of action happening over the next five years with military projects, housing, untilities, and transportation. November 2022, the Kimball County Transit started a Red Line Service. This service goes to Scottsbluff, Fort Morgan, Denver International Airport, and Denver. They also pick up and drop off at the Double L Cafe in Banner County. Buses run for employees of Clean Harbors in Kimball. This summer, the Kimball County Transit is planning to do a bus schedule from Kimball to Scottsbluff, Sidney, and Cheyenne. Some fees include: DIA $75.00; Harrisburg to Kimball $2.00/day, a monthly pass for $20.00, or unlimited rides $50.00/month. Kimball County Transit is handicapped accessible. Scottsbluff stops include: Walmart; WNCC; RWMC; Dollar General, and Tri City Stops. They are hoping to add more stops in Scottsbluff in the future. Kimball County Transit is running 13 vehicles, and hopes to have 19 vehicles by the end of June 2023. People can call Kimball County Transit if they have any questions, or wouuld like to sign up.
CenturyLink quote/Bytes: This qupte is to upgrade the fiber optics in the Banner County Courthouse and Banner County shop. It will be improving from 10MB to 100MB. West requested to have Bytes connect the copier in the Clerk’s office to do scans and emails also. Motion by Anderson to accept the quote and make the copier in the Clerk’s office capable of scanning and emailing, authorizing the Chairperson to sign. Will be paid with ARPA funds. Second by Darnall. Roll call vote: Anderson yes; Darnall yes; Gifford yes. Motion carried.
Void Checks - Clerk Katie West: West reported checks from claims that were paid twice. Motion by Gifford to void claims: #2302063; 2302001; 02212062; 02302036; and 02301071. Second by Anderson. Roll call vote: Anderson yes; Darnall yes; Gifford yes.
American Tower Contract: Kovarik reported he has reviewed the contract and contacted American Tower representative’s . Contract states Banner County would pay $400/month per antennae (there are two - one for the Road Department, and one for the Fire Department). When the contract was originally signed in 1998 it was $1.00/year. Kovarik investigated prices for Banner County to put up their own tower. A 300’ tower, rated 110 mph is approximately $30,000, freight is approximately $3000 - $4000. Krakow reported the American Tower Company pays about $700/year personal property tax. Kovarik reported a new tower would cost approximately $60,000 - $75,000, the short - term looks expensive, but long - term would be better. American Tower will start charging Banner County in 2024. Kovarik will try and negotiate a price with American Tower. Item tabled until April 4, 2023.
2023 Community - Based Juvenile Services Aid: County Attorney Kovarik reported this does not cost Banner County anything, as we do not have a lot of juveniles, but is a good program to have. Motion by Gifford to accept the 2023 Community - Based Juvenile Services Aid. Second by Darnall. Roll call vote: Anderson yes; Darnall yes; Gifford yes. Motion carried.
Closed session: Chairperson Darnall read Statute 84 - 1410 (1): Any public body may hold a closed session by the affirmative vote of a majority of its voting members if a closed session is clearly necessary for the protection of the public interest or for the prevention of needless injury to the reputation of an individual and if such individual has not requested a public meeting. The subject matter and the reason necessitating the closed session shall be identified in the motion too close. Closed sessions maybe held for, but shall not be limited t]o, such reasons as: (c) Investigative proceedings regarding allegations of criminal misconduct. Motion by Anderson to enter into closed session for the protection of the pubic interest or for the prevention of needless injury to the reputation of an individual and if such individual has not requested a public meeting to include Clerk Katie West, Gifford, Darnall, and Anderson. Second by Gifford. Roll call vote: Anderson yes; Darnall yes; Gifford yes. Motion carried 7:23 PM. Motion by Gifford to end closed session with no action taken at 7:56 PM. Second by Anderson. Roll call vote: Anderson yes; Darnall yes; Gifford yes. Motion carried.
Closed session: Chairperson Darnall read Statute 84 - 1410 (1): Any public body may hold a closed session by the affirmative vote of a majority of its voting members if a closed session is clearly necessary for the protection of the public interest or for the prevention of needless injury to the reputation of an individual and if such individual has not requested a public meeting. The subject matter and the reason necessitating the closed session shall be identified in the motion too close. Closed sessions maybe held for, but shall not be limited t]o, such reasons as: (c) Investigative proceedings regarding allegations of criminal misconduct. Motion by Anderson to enter into closed session for the protection of the pubic interest or for the prevention of needless injury to the reputation of an individual and if such individual has not requested a public meeting to include Clerk Katie West, Gifford, Darnall, and Anderson. Second by Gifford. Roll call vote: Anderson yes; Darnall yes; Gifford yes. Motion carried 7:56 PM. Motion made by Gifford to come out of closed session with no action taken at 8:27 PM. Second by Anderson. Roll call vote: Anderson yes; Darnall yes; Gifford yes. Motion carried.
The following claims were audited. Motion by Gifford to approve the claims and warrants ordered drawn on the respective funds. Second by Anderson. Roll call vote: Anderson yes; Darnall yes; Gifford yes. Motion carried.
ROAD CLAIMS
A & A $275.00; B & C Steel $300.64; Century Link $232,42; Frank Parts $362.24; Home Depot $564.19; Kimball Auto Parts $1563.79; Murphy Tractor $19,575.58; N.A.C.E. $50.00; NMC $8,704.31; North Platte NRD $36.02; Pack Rat $160.00; Panhandle $31,663.53; Peetz $656.27; Verizon Connect $32.38; WPCI $186.00; Wyrulec $21.08
TOTAL = $ 64,383.45
GENERAL CLAIMS
Action Communications $264.95; Aflac $845.36; AT & T Mobility $984.81; Century Link $1137.79; Colonial Life $55.37; Eakes Office Plus $ 251.93; Ellison, Kovarik, & Truman $1874.61; ES & S $1825.82; Gardner Technologies $1843.77; High West Energy $1024.63; Hullinger Glass & Lock $191.00; MCI $75.30; MOCIC $100.00; Motorola Solutions $348.00; NE Safety & FIre Equipment $226.40; NE Weed Control Association $150.00; North Platte NRD $33.72; Peetz $1929.08; Quadient $7.80; Rodak Law Office $870.00; Staples $553.07; Western Nebraska Observer $2222.29; Wildcat Surveying $2200.00; Zelle $4000.00;
TOTAL = $ 23,015.80
Motion by Gifford to adjourn meeting at 9:10 PM. Second by Anderson. Roll call vote: Anderson yes; Darnall yes; Gifford yes. Motion carried.
Meeting adjourned at 9:10 PM.
Next Meeting - April 4, 2023
Board of Equalization: April 4, 2023 - 8:30 AM
Board of Commissioners: April 4, 2023 - 8:45 AM
