**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 regular session on Tuesday, May 16, 2023 at 5:30 p.m. in the courtroom of the Banner County Courthouse.
Notice of the meeting was published in the Western Nebraska Observer. 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 May 15, 2023.
Chairperson Darnall called the meeting to order at 5:34 p.m. Roll call shows all members present. Also present: County Clerk Katie West; County Treasurer Kathy Natale; County Assessor Kacy Krakow; Sheriff Zane Hopkins; Road Superintendent Tom Neal and Weed Superintendent Tim Grubbs.
Chairperson Darnall stated that the open meetings act is posted in the back of this courtroom by the entrance.
Gifford said prayer.
Pledge of Allegiance was said.
Agenda was examined. Motion by Gifford to approve agenda. Second by Anderson. Roll call vote: Anderson yes; Darnall yes; Gifford yes. Motion carried.
The minutes of the April 18, 2023 meeting were examined. Discussion concerning length of minutes. Motion by Anderson to approve the minutes from April 18, 2023 and May 2, 2023. Second by Gifford. Roll call vote: Anderson yes; Darnall no; Gifford yes. Motion carried.
Correspondence: None
Public Comments - Sheriff Hopkins stated he prefers the more detailed minutes of the meetings.
Reports:
Highway Superintendent: Tom Neal reported he attended the Murphy Tractor tour. Road crews are working on washouts on the Cashler road. Concerns that some washouts had not been flagged. Tom stated most of the washouts are flagged and barricades are set up where needed. Anderson asked Tom what roads are currently being worked on. Tom reported road 26 west of town, Cashler road, and Long Run are currently being repaired.
Sheriff Hopkins: Reported working on Nebraska National Incident - Based Reporting System audit for the crime commission. Hopkins must complete a report for all events that occur in the county as a part of the Sheriff’s Department accreditation process. Upon completion, the department received a certificate of compliance.
County Attorney: Mark Kovarik stated he has been working on traffic violations, county court cases, district court cases, and the American Tower contract.
County Treasurer: Kathy Natale reported her office has been busy with the collection of more than $800,000.00 of taxes in April. Kathy asked the Board about the proper channels for purchasing a new office chair. Darnall explained the Board needs a written price quote and budget source information, the request will be placed on the Board’s agenda for consideration.
County Clerk: Katie West reported published minutes are up - to - date with newspaper. The retirement audit has been ongoing for 6 weeks and the exit interview is May 18. West will be busy with upcoming training and court the rest of the month. A water leak from a crack in the basement wall of the courthouse was discovered as a result of all the rain. Discussion regarding repair. Gifford explained moving the down spout should fix the problem.
County Assessor: Kacy Krakow reported evaluation notices will be sent out June 1. There will be a spreadsheet of all ag - land sales, and correspondence explaining the spreadsheet and percentages for ag - land increases this year. People will have 30 days from June 1 to file a protest. Krakow asked the Board to consider purchasing a laptop and docking station for her office so she can work from home. Krakow obtained a quote from Bytes for $3305 for laptop and docking station, installed. IT contact provided a quote of $1020 from Amazon. Bytes would charge $250 to install online laptop and docking station. Laptop will also be used in the field. Darnall reiterated steps Officials need to take to purchase furniture and/or equipment.
County Surveyor: Carl Gilbert reported finishing a dozen corners in the proposed wind farm area. In July, the State Surveyor will be here to re - evaluate S36 T20 R56 with respect to the west and north lines.
Weed Superintendent: Tim Grubbs reported he has done 16 reports since last meeting; last year’s total was 38. Right - of - ways have been sprayed for common mullein. Thistle has been sprayed in areas of the northeast corner of the county. Last Thursday, Grubbs attended a weed management area meeting. Banner County joined an organization called PRIDE (Panhandle Research Integration for Discovery Education) which opens the door for grants from the State for weed control. PRIDE would like to survey the head of Pumpkin Creek to Morrill County with a helicopter. If noxious weeds are found, spray can be applied with helicopter under grant funding. Gifford asked if Grubbs would be in touch with landowners regarding the helicopter. Grubbs will work with the landowners when/if this project transpires. If landowners do not want to be a part of the helicopter spraying, it is their option.
Commissioner Committee Reports:
Gifford; Panhandle Area Development District (PADD); Office of Human Development (OHD) meetings were normal. Amy from PADD would like to visit. Panhandle Public Health District (PPHD) no meeting.
Anderson: Office of Aging and Region 1 Behavioral Health - Attended both meetings, nothing to report. Budgetary items and problems before those Boards. Laif asked about the State trapper for coyote control in Banner County. Gifford responded USDA/Matt Anderson is contact for our area. Anyone may contact him: 308.672.9171 for predator control. County pays for the service, Banner County people may utilize it.
Darnall: Region 22 Emergency Management - next meeting is July 20.
Items of business before the board:
Easement Maddie Soule: Soule asked the Commission if they were going to release the easement back to the landowners. Kovarik responded there were grants of easements in the 1970’s recorded with the Register of Deeds, but his research indicated the County has not accepted the dedication of the property for use by the public. If there is no acceptance of the dedication, the County has no legal authority to reconvey the easement area. Gilbert reported the easement was conveyed to Banner County and recorded as an easement and an encumbrance on the properties. Robert Brenner also stated that the easement was never formerly accepted from the county and that this is an issue concerning prescriptive rights between property owners only. No action taken.
Janitor Contract: CindyJean Stover respectfully declined to sign the independent contractor contract. CindyJean asked to remain a part - time employee as she has been. No action taken concerning the contract.
NextGen Benefits: Nick Lease with NextGen presented regarding health insurance. This insurance is a three - stage plan, meaning it would take at least three years to show promise. Motion by Anderson to have the employees fill out the paperwork for NextGen to complete a quote for health insurance. Second by Gifford. Roll call vote: Gifford yes; Darnall yes; Anderson yes. Motion carried.
GIS Contract: Kacy Krakow asked the Commission to renew two contracts for the GIS workshop. GIS workshop is the program Assessor’s use for mapping and aerial views of property. Motion by Gifford to renew the GIS contracts authorizing the Chairperson to sign. Second by Anderson. Roll call vote: Gifford yes; Darnall yes; Anderson yes. Motion carried.
Surplus Office Furniture: Kathy Natale stated she would like to add 4 desks to the surplus office furniture. Darnall requested items for surplus must be presented to the Board in writing to include location and approximate value.
Speed Limits: Resolution 23 - 17 Reducing speed limit from 30 mph to 25 mph on all streets and roadways within the platted area of the original village of Harrisburg. Resolution 23 - 17 does not apply to any State highway. If approved, a certified copy of Resolution 23 - 17 shall be forwarded to the Nebraska Department of Roads. Discussion on signage. Motion by Gifford to adopt Resolution 23 - 17. Second by Anderson. Roll call vote: Gifford yes; Darnall yes; Anderson yes. Motion carried.
American Tower Contract: Mark Kovarik stated the initial lease rate of the contract was high and he has been negotiating with American Tower. The new proposed contract carries a monthly lease rate of $50 with a 3% annual escalator for (4) 5 - year terms on a 20 - year plan. Motion by Anderson to accept the American Tower contract for $50/mth with a 3% annual escalator for (4) 5 - year terms for 20 years, authorizing the Chairperson to sign. Roll call vote: Gifford yes; Darnall yes; Anderson yes. Motion carried.
Void Checks: Katie West stated check # 02305011 had a wrong address. Check # 02305017 is a duplicate. Motion by Gifford to void check # 02305011 and # 02305017. Second by Anderson. Roll call vote: Gifford yes; Darnall yes; Anderson yes. Motion carried.
Light for Flag: Katie West received several complaints regarding the American flag not being lit up at night. West stated that the flag needs to be taken down every evening or must be lit at night. Tom Neal indicated that there is a light, but it is not working. Commission directed Tom to look into repair or replacement of the light and for West to be responsible for proper care of the flag in the interim.
Key for Tornado Shelter: Katie West reminded to Board that because the Courthouse is a tornado shelter, there needs to be a delegated person to have a key to open the Courthouse during severe weather. Motion by Anderson to delegate Ashley Morrison, Tim Grubbs, Carl Gilbert, and CindyJean Stover as the key holders for tornado shelter. Second by Gifford. Roll call vote: Gifford yes; Darnall yes; Anderson yes. Motion carried.
Closed Session: Statute 84 - 1410 (1) Motion by Anderson to go into closed session for the protection of the public interest and for the prevention of needless injury to the reputation of an individual(s) where such individual(s) have not requested a public meeting for the stated purpose of the evaluating of the job performance of road department personnel to include Chairperson Darnall, Member Robert Gifford, Vice Chairman Laif Anderson, and County Attorney Mark Kovarik. Second by Gifford. Roll call vote: Gifford yes; Darnall yes; Anderson yes. Motion carried at 8:19 p.m. Chairperson Darnall restated the subject matter of Anderson’s motion. Motion by Gifford to exit closed session at 9:09 p.m. with no action taken. Second by Anderson. Roll call vote: Gifford yes; Darnall yes; Anderson yes. Motion carried at 9:09 p.m.
The following claims for May 16, 2023 were audited. Motion by Gifford to approve claims and warrants ordered drawn on respective funds. Second by Anderson. Roll call vote: Gifford yes; Darnall yes; Anderson yes. Motion carried.
CLAIMS
General: Aflac $866.99 - insurance; Banner County Court $17.00 - court fees; Century Link $26.99 - phone; Culligan $13.00 - bottled water; Eakes $1361.36 - office furniture and supplies; Ellison, Kovarik, & Turman Law Firm $1871.33 - Attorney fees; First Concord $22.50 - benefits; High West Energy $485.95 - electricity; Ideal $121.75 - janitorial supplies; Menards $63.94 - lights and flag pole; MIPS $1584.90 - data processing; Nebraska Association of County Officials $985.11 - dues; Nebraska Department of Revenue $290.00 - training; NRD $36.20 - water; Pack Rat Disposal $45.00 - trash; Association of County Assessors $227.70 - training; Peetz $1265.13 - propane; Quadient $300.00 - postage; Scottsbluff County Treasurer $25.00 - postage court; WizNerds $130.00 - data support; Tim Grubbs $120.00 - decommission patrol car; Keating O’Gara $750.00 - Attorney fees.
Roads: AT&T $46.29 - cell phone; B & C Steel $98.73 - shop steel; ZM Lumber $626.03 - shop supplies; Century Link $87.61 - phone; Frank Parts $94.71 - repair parts; Home Depot $181.38 - shop supplies; Ideal $199.75 - shop supplies; Inland $386.86 - repair parts; Kimball Auto $2552.87 - repair parts; Murphy Tractor $52,830.46 - repairs, labor, machine hire, supplies; NRD $33.72 - water; Northwest Pipe $71.12 - shop supplies; Peetz $164.72 - propane; Platte River Gas $210.00 - urethane/primer; Sandberg Implement $300.00 - equipment rental; Star Herald $17.18 - advertisement; Steve’s Truck $280.00 - repair parts; WPCI $124.00 - drug test.
Motion by Gifford to adjourn meeting at 9:36 pm. Second by Anderson. Roll call vote: Anderson yes; Darnall yes; Gifford yes. Motion carried.
Meeting adjourned at 9:36 pm.
The next meeting will be held June 6, 2023 at 8:45 a.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.
