**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.**

 BANNER COUNTY

COMMISSIONERS PROCEEDINGS

The Banner County Board of Commissioners met in special session, in the courtroom of the Banner County Courthouse on January 31, 2023 at 5:32 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 tthe 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 February 3, 2023.

Chairperson Darnall called the meeting to order at 5:32 pm. Roll call shows all members present. Also present: County Assessor Kacy Krakow; County Attorney Mark Kovarik; Treasurer Kathy Natale; Highway Superintendent Tom Neal.

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 Darnall. Roll call vote: Anderson yes; Darnall yes; Gifford yes. Motion carried.

The minutes of the January 5, 2023 meeting were examined. Motion by Gifford to accept the minutes as presented. Second by Darnall. Roll call vote: Anderson yes; Darnall yes; Gifford yes. Motion carried.

Correspondence - None

Public Comments - None.

Reports:

Highway Dept - Tom Neal: Have been moving snow. Gifford mentioned needing a fencing crew for this spring/summer. Tom hired a new employee.

Weed Supt - Baird Family Farms: Absent

County Attorney - Mark Kovarik: Working on different projects. Working on policy for security system and janitorial contract. Routine court. The snow and ice has helped slow people down, speeding is still an issue. Kovarik advised people to slow down and be careful, speeders are not looking for others. Court matters are routine. County court is tomorrow, there will be a few people who chose to drive on closed roadways. Looking at some options to deter this in the future.

Treasurer - Kathy Natale: January has been busy, as it’s a huge month for registration renewals. First month for new license plates. A lot of taxes coming in. Getting ready for delinquent tax sale, this will be posted in the Western Nebraska Observer overr the next 3 weeks. Semi - annual report is posted on the website. Kathy gave Commissioners copies of the Pledged Collateral report, showing investments. Amber Ysac’s last day is Friday. Ad is in the newspaper for a deputy County Treasurer, applications have been received.

County Clerk - Katie West: Absent. Letter from Katie was read by Darnall.

County Assessor - Kacy Krakow: Everthing is going good.

Sheriff Hopkins: Absent

County Surveyor - Carl Gilbert: County road 18 to Wyoming line, section corners may need reset. Highway 88E project will start this spring from Morrill county line to highway 71.

Commissioners: Darnall and Anderson learned a lot and getting some very informational material at the NACO Commissioner orientation in Kearney, A lot of resources to pull from.

Commissioner Committee Reports:

Gifford; PADD, OHD, PPHD: has attended meetings, nothing new to report,

Anderson: Office of Aging and Region 1 Behavioral Health: No meeting held yet, coming up next month.

Darnall: No report on Emergency Management

Items of business before the board:

  1. Set interest rate on registered warrants - Resolution 23 - 02: Gifford read resolution. Gifford made motion to accept Resolution 23 - 02 settting interest rate for registered warrants at .5%. Second by Anderson. Roll call vote: Anderson yes; Darnall yes; Gifford yes. Motion carried.

  2. Insufficient funds - Resolution 23 - 04: Gifford explained this is the same as Resolution 23 - 02. No action taken.

  3. Past Weed Superintendent: Karyn Holt - Olsen. Absent Tabled until February 7, 2023.

  4. Advertise and accept applications forr Weed Superintendent: Gifford reported on research that he had found that each county seems to do the Weed Department hiring differently. Previously the hired weed superintendent had their own equipment, as Banner County didn't have good equipment. Applicant will need certified through the State of Nebraska. Anderson reported tests can be taken either at UNL in Scottsbluff, or at WNCC online. Motion made by Darnall to begin advertising and accepting applications for Banner County Weed Superintendent. Salary set at $50,000.00 total ($10,000 per month) for 5 months, May, June, July, August, and September, this will be an independent contract. Banner County will purchase chemical(s) for county right - of - ways; hired person must acquire a Commercial Applicator llicense with right - of - way endorsement by April 1, 2023. Interviews and hiring, March 7, 2023. Advertisement to be placed in the Western Nebraska Observer, three places in Harrisburg: the Double L Cafe, Facebook, and the Banner County website or Indeed. Second by Anderson. Roll call vote: Anderson yes; Darnall yes; Gifford yes. Motion carried.

  5. Motion by Anderson for Banner County Comprehensive Plan hearing to be scheduled for February 21, 2023 at 6:00 pm in the courtroom at the Banner County Courthouse in Harrisburg. Second by Gifford. Roll call vote: Anderson yes; Darnall yes; Gifford yes. Motion carried.

  6. Appoint Commissioner for Treasurer funds at Banner Capitol Bank - Resolution 23 - 11. Tabled until February 7, 2023.

  7. Request State of Nebraska in depth audit for all Banner County offices: Darnall reported thaat due to the condition of the county offices after the election, it would be in the best interest of incoming officials to have an in - depth audit, establishing a base for a clean start moving forward. Darnall reported the state auditors would most likely be 8 - 12 months out and would cost Banner County approximately $13,000 to $14,000. Gifford commented he did not see a need for this, we have auditors each year. Gifford sees no reason for the State to come in and would be a burden putting additional stress on the newly elected officials. Darnall reported she talked with Katie West, and West was good with it if it didn’t happen in February. Anderson agreed that this would be quite a burden upon our new people. Anderson felt this was premature and would like to table this and address it later if need be. Anderson commented that if a problem is going to show up, we will know in 30 days. Gifford explained that the audit is financial, they come in and pull various things. Gifford commented that it could be intense, and we haven’t had a problem with new people coming in - that’s a lot of money to throw out there and doesn’t see the need yet. Anderson commented that he couldn’t justify the expense as their really wouldn't be any benefit to the county. Anderson wishes to table this until a later date. Kovarik explained that unless topic is re - visited next meeting, it would be best to dismiss it and add to agenda later when they think it is needed again. Topic dismissed.

  8. Employee & Officials health insurance: Anderson reported that he would like permission to start looking at other health insurance companies in hopes to find better and more affordable insurance for both Banner County Officials and employees. Anderson needs a census of insurance. Gifford commented that our insurance comes up for renewal first of June. Anderson will get the information to the Clerk. Motion by Gifford to direct Anderson to gather information on other health insurance carriers for the Officials and employees of Banner County. Second by Darnall. Roll call vote: Anderson yes; Darnall yes; Gifford yes. Motion carried.

  9. Road Department wages: Discussion regarding raising the wages for the road department employees. Gifford provided different options and percentages for increasing the employee wages. Gifford reported that a year ago they set in motion increasing wages for Officials and employees and decreasing the HSA and HRA contributions. Also instituted the steps for increases in salaries. Anderson reviewed the inflation increase every year. Kovarik explained that elected Official’s salaries are set for the full four - year term with inflation increases added in. Anderson explained that if the inflation rate is set, for example, at 8%, we really don’t want to increase wages less than the 8%. More of a wage increase than an inflation increase. Anderson commented that we are behind on what we pay our road employees. Darnall asked about what other counties are paying. Gifford answered that they had previously asked other counties, and that is how they came up with the percentages. Anderson commented that, per NACO, Banner County had not priced other insurance for years. Better insurance companies out there that would cost us less. Anderson proposed a 10% increase in wages - not to alter the HSA that is already in place. Gifford reported that other counties do not have the HSA. Motion made by Gifford to raise the wages for the road deparrtment emplyees to $17/hour base wage with HSA contributions decreased by $2,000. Wages to be retroactive to January 1, 2023. Second by Darnall. Roll call vote: Anderson no; Darnall yes; Gifford yes. Motion carried.

    Road Superintendent salary was discussed. Gifford provided different options and percentage increase options. Darnall asked what Official’s salaries were. Gifford reported that the Clerk, Assessor, and Treasurer are $47,800. Salary for Sheriff is $54,000. Road Superintendent is currently $42,040. Tom Neal reported that he oversees more employees than elected Officials as well as managing a larger budget. Darnall questioned the road budget if there was enough to cover the raises. Gifford answered that we don’t have the same amount of people hired, so should not be over budget. Anderson provided a copy of the road department budget with the percentages. Anderson reported we are at 109% on overtime, maintenance salary at 58%, and construction salary 47%. Motion made by Darnall to increase the Road Superintendent salary 8% to $47,674/year taking the $2000 from the HRA. Changing base rate to $45,360. Retroactive to January 1, 2023. Second by Anderson. Roll call vote: Anderson yes; Darnall yes; Gifford yes. Motion carried.

  10. Zelle Human Resources contract: Discussion as to whether the Zelle company was being utilized by the employees. Anderson asked Kathy Natale if any emplooyees or Officials were utilizing Zelle. Kathy reported Zelle was there, but was soon after the snow when everyone was busy. Zelle has developed an employee handbook, we need to utilize in February. Kacy Krakow asked if they should use Zelle in the hiring process. Gifford said they were available for them. Tom Neal reported that the road employees weren’t available last time Zelle was here because they were moving snow. Darnall commented that if Kacy wanted to use Zelle, they were contracted through February and should be used. Anderson reported that he had a copy of the Zelle handbook and the county handbook. Some oof Zelle’s handbook has been updated to be pertinent to the situation. Motion made by Anderson to direct the County Attorney Kovarik to contact Zelle Human Resources and send a 30 - day notice to not renew contract that ends February 28, 2023. Second by Darnall. Roll call vote: Anderson yes; Darnalll yes; Gifford no. Motion carried.

  11. Janitorial contract: County Attorney Kovarik prepared a draft contract forr CindyJean Stover. Kovarik was unsure of the salary amount, as minutes in the paper reflected $525. Will send contract to CindyJean Stover for her review, if she agrees and signs, then the board can sign it on the February 7, 2023 meeting, Kovarik mentioned minutes published in the paper on Janary 12, 2023 meeting, salary was printed as $525 so minutes need to be corrected and approved, then re - ran in the paper. Going forward, minutes do not have to be published in the paper until after they have been approved - no time limit. The minutes only need to be available for public inspection within 10 days of the meeting date. Motion made by Darnall to direct County Attorney Kovarik to prepare the Independent Contractor agreement for CindyJean Stover for $550/month with a deep clean of the courthouse once per year. Retroactive to January 1, 2023. Second by Anderson. Roll call vote: Anderson yes; Darnall yes; Gifford yes. Motion carried.

  12. Courthouse key protocol: Darnall reported that there has not been a process for courthouse key check - in or check - out for years. We have no idea how many keys are out floating around to this courthouse. Outgoing Officials did not follow proper procedure in returning courthouse keys to the newly elected officials. Gifford reported that Sheriff Hopkins obtained all tthe keys from the outgoing Officialls on Januarry 5, 2023. There are an unknoown number of courthouse and office keys unaccounted for. Darnalll suggested all locks be changed and Officials distribue keys to whom they choose as they are responsible for their equipment, files, and inventory in their respective offices. Darnall reported that the current keys do not say “Do Not Duplicate”, the new keys will need to say that. Anderson inquired about the cost. Anderson suggested a keypad access. Anderson suggested tabling this topic until all the people were present. Board designated Darnall to get an estimate from Hulllinger Lock to replace locks to the outer courthouse doors and offices inside. Tabled until February 7, 2023 meeting.

  13. Security camera access: Darnall reported that all cameras were up and functioning. Darnall aked that the members decide who has access to the cameras. At this point Sheriff Hopkins is the only one with access, possibly County Attorney Kovarik in case of an emergency. Kovarik provided the board with a sample security camera policy for review. Policy basically states that the Sheriff has security camera access, if any other Official wants to view the cameras, they must go through the Sheriff and explain what exactly they are looking for, cameras are not used for anything other than security. Discussion on limited access to security cameras in the courthouse. County Attorney Kovarik prepared a security camerra protocol. Members will review the protocol. Tabled.

  14. Application for snow removal: Judy Lyles application for snow removal was accepted by the Board.

  15. Interlocal agreement: Alan Elsen addressed the Board with reference to an interlocal agreement between Banner County and Banner County Rural Board with reference to using county equipment when needed on Banner County fires. This is something Banner County has always utilized, just looking for the interlocal agreement. Tim Grubbs and Alan Elsen will investigate the past interlocal agrreement and update it with Banner County. Tabled for a later date.

  16. Committee appointments: Wellness: R. Gifford, L. Taggert, and K. Krakow; Safety: R. Milner, K. Natale, and C. Gilbert, Supervisor - T. Neal; Safety Director - T. Neal; Personnel Policy: K. Krakow, L. Anderson, and R. Leaf; Grievance Committee: M. Knaub; R. Darnall; K. West; and M. Kovarik.

  17. State survey: Carl Gilbert reported the State of Nebraska, Department of Transportation, and Banner County sign a master agreement. Gilbert provided the agreement. Motion made by Gifford to accept and sign the agreement. Second by Darnall. Roll call vote: Anderson yes; Darnall yes; Gifford yes. Motion carried.

  18. Dismiss/act - approve claims: The following claims for January 31, 2023 were audited. Motion by Gifford to approve the claims and warrants ordered drawn on the respective funds excluding claim # 2301089 to VSP Insurance and claim # 2301071 to Aflac, and excluding outgoing Officials checks issued to: Lisa Cross, Sharon Sandberg, Chelsea Mossberg, Stan McKnight, Robert Post, and Bernice Huffman. Second by Darnall. Roll call vote: Anderson yes; Darnall yes; Gifford yes. Motion carried.

ROAD CLAIMS

A & A Porta Potties $175.00; Capitol One Credit $149.94; Cresent Electric $42.58; Floyd’s Sales & Service $2,231.94; Frank Parts Co. $319.05; High West Energy $490.00; Home Depot $5.98; NMC Exchange $270.50; Panhandle Coop $9,470.83; PowerPlan $9,950.78; PT Hose & Bearing $133.41; The Peetz Farmers Coop Co. $1,017.76; Verizon $558.56; Wyrulec $42.04.

TOTAL = $ 24,858.37

GENERAL CLAIMS

AT & T $149.96; Banner County Court $102.00; Blue Cross Blue Shield $6,362.02; CenturyLink $889.88; Comfort Inn $98.00; Culligan $32.50; DAS - State Accounting $146.92; Ellison, Kovarik, & Turman Law $3,237.25; Holiday Inn - Kearney $839.70; Independent Plumbing $261.29; Kimball Co. Ag Society $2799.06; MCI $60.88; MIPS $159.38; Motorola Solutions, Inc. $348.00; NACO $50.00; Nebraska Association Co. Treasurer $50.00; Pack Rat Disposal $45.00; Personal Concepts $25.90; Platte River Glass $342.50; Poster Compliance Center $66.89; Scottsbluff Co. Detention Center $2,070.00; Scottsbluff Region 22 $1,534.86; Staples Credit Plan $266.84; The Peetz Farmers Coop Co. $915.24; Quadient Leasing USA, Inc. $149.97; Quadient Finance $600.00; US Bank $579.48; USDA, APHIS, Wildlife $2,133.34; Verizon Wireless $77.53; Vistabeam (12/22 - 1/23) $184.90; Vistabeam 1/23 - 2/23) $184.90; Western Nebraska Observer $34.62; Western Nebraska Papers $40.92; WPCI $62.00.

TOTAL = $24,901.73

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 pm.

Next Meeting - February 7, 2023

Board of Equalization - 8:30 pm

Board of Commissioners - 8:45 am