**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 regular session on Tuesday, September 5, 2023 at 8:45 a.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 Friday, September 1, 2023.

Chairperson Darnall called the meeting to order at 8:46 a.m. Roll call showed all members present. Also present: County Clerk Katie West; County Treasurer Kathy Natale; 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.

Anderson led prayer.

Pledge of Allegiance was said.

Agenda: The agenda for meeting was examined. Motion by Anderson to approve agenda. Second by Gifford. Roll call vote: Anderson yes; Darnall yes; Gifford absent. Motion carried.

Minutes from August 15, 2023 and August 22, 2023 meetings were examined. Discussion. Motion by Gifford to approve the August 15, 2023 and August 22, 2023 minutes with corrections. Second by Anderson. Roll call vote: Gifford yes; Darnall yes; Anderson yes. Motion carried.

Correspondence: Banner County Weed Department: Noxious weed notice received from Banner County Weed Superintendent. Banner County has noxious weeds on property in Harrisburg - not in county right - of - way. The matter was referred to staff in the road department to spray the weeds on county property.

Public Comments: None

Reports:

Highway Superintendent: Tom Neal stated he has two machines blading on the east side of the county this week to prepare for the bike race this weekend. Neal submitted his resignation as Highway Superintendent effective immediately.

Sheriff Hopkins: Sheriff Hopkins stated it has been busy for several weeks. Week of August 23 through August 25 he went to Scottsbluff for peer - to - peer training. He was certified to assist people who experience traumatic events and suicidal tendencies. This Saturday is the USA Cycling Gravel National Championships. Hopkins stated there will be an extra 50 miles in Banner County that will be included in the race that he was not aware of. Next week he will be attending Husker Harvest Days to get our name on the map. Hopkins stated he has received several applications for the Deputy Sheriff position. The weekend was busy. He was out patrolling on all four days.

County Attorney: Mark Kovarik stated the September 6, 2023 is the monthly County court day. Thursday is District court. Kovarik stated has has remained busy with traffic and court violations, along with helping the county with Resolutions.

County Treasurer: Kathy Natale stated that Banner County tax collection for the month of August went well. Natale also stated she has been looking into investments for the county.

County Clerk: Katie West stated that she has been busy with getting budget dates set, report for the audit findings, and dealing with the district courts.

County Assessor: Kacy Krakow stated she will start property reviews on September 6, 2023, in the southeast corner of the county.

County Surveyor: Absent

Weed Superintendent: Tim Grubbs stated he will put the required noxious weed notice in Western Nebraska Observer by October. Grubbs stated things were dying down and that he has some ideas for places to look at next year.

Commissioner Committee Reports:

Gifford; Panhandle Area Development District (PADD) - meeting was cancelled; Office of Human Development (OHD) and Panhandle Public Health District (PPHD): Gifford stated the health district is having their budget hearing on September 14, 2023.

Anderson: Office of Aging and Region 1 Behavioral Health: Nothing to report.

Darnall: Region 22 Emergency Management - Nothing to report.

Items of business before the board:

  1. Removal of Glass: Kathy Natale stated she would like to get the glass guards over the counters removed. Attorney Kovarik stated that the glass was found to be part of the NIRMA recommendation for security and not for COVID. Natale stated customers are unable to see through the glass and it is hard to hear past the glass. Kovarik stated that the glass needs to stay for extra security. Tabled until further information can be gathered.

  2. Website: Chairperson Darnall stated that earlier this year, Nathan Rogers with WizNerd's $55/month for maintenance and security. Tabled until website options can be researched.

  3. Penalty Clause - Resolution 23 - 20: Sheriff Hopkins/Attorney Kovarik: Kovarik stated he has reviewed a Resolution for penalty provision on vehicles parked on county roads. Kovarik stated first offense is a $200 fine per vehicle, per person; $300 fine second offense per vehicle per person; and $500 fine third offense per vehicle, per person. Motion by Gifford to adopt Resolution 23 - 20 to repeal and replace Resolution 16 - 6. Second by Anderson. Roll call vote: Gifford yes; Darnall yes; Anderson yes. Motion carried.

  4. Audit Findings: Clerk West stated the Commissioners are required to sign the response to the audit findings by September 8, 2023. Motion by Gifford to authorize Chairperson Darnall to sign the response for the audit. Second by Anderson. Roll call vote: Gifford yes; Darnall yes; Anderson yes. Motion carried.

  5. Increase Petty Cash Fund - Resolution 23 - 21: Clerk West stated she wasn't able to make change for customers. Motion by Gifford to adopt Resolution 23 - 21. Second by Anderson. Roll call vote: Gifford yes; Darnall yes; Anderson yes. Motion carried.

  6. Combining Imprest and Payroll Accounts: Clerk West stated it was a suggestion from the Accountant, Don Wilson, making it easier to balance and easier for the auditor. Imprest account is where the claims are withdrawn, and the payroll account is used for payroll. Attorney Kovarik will prepare a Resolution for combining Imprest and Payroll accounts. Tabled until the county is balanced.

  7. Corrective Action Challenger Tractor Purchase and October 4, 2022 Board Minutes: Kovarik stated this is in reference to the audit findings. Motion by Anderson to ratify and affirm the purchase of the Challenger tractor and correct the minutes of October 4, 2022, to reflect that informal bids that were accepted regarding its purchase by supplementing documentation to the October 4, 2022 minutes to reflect that informal solicitations for bids were submitted or received by ATI and 21st Century Equipment, who both advised they had no comparable inventory. Second by Gifford. Roll Call vote: Gifford yes; Darnall yes; Anderson yes. Motion carried.

  8. Corrective Action John Deere 624 KII Loader: Kovarik stated this is in reference to the audit findings. The loader is subject to the government through contract. Needed information regarding the rental price with purchase price agreements. Motion by Anderson to ratify and affirm the purchase of the John Deere 624 KII loader, and correct the June 20, 2023 minutes to reflect that the loader was subject to the establishment of a price pursuant to GSA contract GS - 30F - 0013U and the sealed bids were not necessary, and even if they were, the competitive bidding process should be waived on the basis that purchasing the loader at that time presented a substantial savings to the county as a result of a new offer to allow 100% past rental payments, inluding prepaid rental payments made to secure its availability for upcoming road projects to be applied toward the original listed price of the loader when initially rented. Upon application of the rental payments the offer to purchase established a final price of $42,700.00 and that solicitation of informal bids based on the purchase of $42,700.00 returned one bid from Titan Machinery, and that the Road Superintendent was authorized to sign the purchase agreement. Second by Gifford. Roll call vote: Gifford yes; Darnall yes; Anderson yes. Motion carried.

  9. Transfer Funds: Treasurer Natale stated that Candace Meredith (Nebraska Association of County Officials - NACO) sent an email referencing discrepancies between Clerk's office and Treasurer's office. Amounts paid to the Clerk were over, thus giving the Clerk too much money for the General Fund (#100) and not enough for the Road Fund (#200). Motion by Gifford for the Clerk to submit a check to the Treasurer for a difference of $37,794.22 and for Treasurer to create a transfer from General Fund (#100) to Road Fund (#200) for $7,562.95. Second by Anderson. Roll call vote: Gifford yes; Darnall yes; Anderson yes. Motion carried.

  10. Discuss Road Superintendent Position: Attorney Kovarik stated that the Road Superintendent position would need to be advertised. Tom Neal, resigned Road Superintendent, did not have the authority to appoint an "Assistant Road Superintendent". Darnall asked if there could be an interm Road Superintendent? Kovarik stated, yes, but the Road Superintendent position would still need to be advertised. Chelsea Mossberg, Road Department secretary stated it will be advertised in both the Western Nebraska Observer and the Star Herald newspaper, Indeed website, and on the radio. Commissioners will accept applications for the Road Superintendent position until around December 2023, or until the position is filled. Shop Foreman, Jim MIlner, will act as Banner County Road Superintendent until October 10, 2023, when the Board will appoint an interim Road Superintendent until a permanent Superintendent is hired. Motion by Anderson to accept Tom Neal's resignation. Second by Gifford. Roll call vote: Gifford yes; Darnall yes; Anderson yes. Motion carried.

  11. Finalize Budget:

    1. Set budget hearing for September 14, 2023 at 10:00 a.m.

    2. Expense for postcards already in budget.

    3. Joint Hearing for September 19, 2023 at 7:00 p.m.

    4. Resolutions completed on August 22, 2023.

  12. Discuss/Act/Approve Claims: Motion by Gifford to approve the following claims except claim #02309085 to Lane Darnall. Second by Anderson. Roll call vote: Gifford yes; Darnall yes; Anderson yes. Motion carried.

    Motion by Gifford to approve claim #02309085 to Lane Darnall. Second by Anderson. Roll call vote: Gifford yes; Darnall abstain; Anderson yes. Motion carried.

General: US Bank $431.98 - office supplies; Staples Credit Plan $138.87 - office supplies; Secretary of State $10.00 - election card stock; Scottsbluff County Treasurer $25.00 - postage; Region 22 Emergency Management $402.72 - Emergency Management; Pack Rat DIsposal $45.00 - trash; Kacy Krakow $39.00 - office supplies; Kimball County Treasurer $2,724.72 - extension office; Scottsbluff ROD $1,875.00 - services; Timothy Grubbs $10,195.00 - weed contract; Eakes Office $234.03 - office supplies; Nebraska Department of Labor $173.48 - late fee; Banner County Sheriff $38.37 - service fee; Banner County DIstrict Court $36.00 - court fee; Panhandle Co-op $18.97 - fuel; Aflac $583.35 - insurance; VSP $184.95 - insurance; Banner Capitol Bank $3,433.36 - HSA; Aptive Healthcare $9,765.08 - health insurance.

Roads: Aflac $717.63 - insurance; Aptive Healthcare $5,924.06 - health insurance; Banner Capitol Bank $1,041.68 - HSA; VSP $80.78 - vision insurance; Colonial Life $55.37 - dental insurance; US Bank $109.51 - subscription and repairs; Seneca $1,388.88 - fuel pumps and repairs; Panhandle Co-op $13,958.00 - fuel and oil; Inland $32.45 - repair parts and labor; Home Depot $7.68 - shop supplies; FIrst Concord $1,788.50 - HRA; Eakes $102.32 - office supplies; Lane Darnall $500.00 - gravel; Harold Brown $3,340.00 - gravel; Bomgaars $749.98 - shop supplies.

Sheriff: US Bank $24.58 - office supplies; Panhandle Co-op $428.32 - fuel; Kimball Auto Parts $88.32 - grease and oil; AT&T $131.38 - cell phone.

Adjournment: Motion by Gifford to adjourn meeting at 11:55 a.m. Second by Anderson. Roll call vote: Anderson yes; Darnall yes; Gifford yes. Motion carried.

Meeting adjourned at 11:55 a.m.

The next regular meeting will be held September 19, 2023 at 5:30 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.