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April 10th, 2025

OLIVER COUNTY COMMISSION PROCEEDINGS were called to order at 1:00 PM with all members present.

The Pledge of Allegiance was recited.

Dave Berger moved and Lee Husfloen seconded the motion to approve the agenda. All in favor, none opposed; motion carried.

Lee Husfloen moved and Dave Berger seconded the motion to approve the minutes of the March 13th and March 19th meetings. All in favor, none opposed; motion carried.

Dave Berger moved and Lee Husfloen seconded the motion to approve the following bills for payment and approve the following bills previously paid. A roll call vote was held, with Dave Berger, aye, Rob Schmidt, aye, Lee Husfloen, aye. Motion carried.

Allstate Peterbilt-561.98

Dave Berger-449.40

Center Machine Inc-1656.27

Computer Express Inc-1695.96

Dakota Fence Company-2403.95

Electro Watchman-965.25

Ben Gerving-70.00

HZ Electric-10300.00

ITD-947.45

K&M Repair-373.68

Master Fire & Safety-300.00

Menards-828.37

Mercer County Landfill-228.15

Midwest Doors-1677.00

ND Workforce Safety and Insurance-250.00

Office of the Adjutant General-263.00

Oliver County Ambulance-348.80

Quadient Finance-439.00

RoughRider Industries-954.90

Rud Oil & Gas-6622.41

Runnings Supply-123.44

Sletten Excavating-250.00

Statewide Services-369.00

Stein’s Inc-284.72

UGPTI|NDLTAP-100.00

Keith Vitek-192.50

NDACO Resources Group-819.72

Motorola Solutions-48429.56

Leo’s Transmission-6706.64

Mercer-Oliver Emergency Mgmt-2955.84

Mercer County HR-1699.43

Agco Finance-9497.17

Butler Machinery-12284.56

Custom Truck Accessories-28.90

Rob Schmidt-70.00

Interstate Bearing Systems-105.66

Software Innovations-10100.00

Electronic Communications-95.00

SRF Consulting-81.23

The following bills previously paid were approved:

Aflac-331.98

Beulah Rural Fire-84.26

Beulah School District-10135.12

Ryan Bohmbach-500.00

C&H Glass-10475.00

Center-Stanton School-111866.94

Center Park District-3292.74

City of Center-21744.09

Colonial Life & Accident Insurance-782.79

Companion Life Insurance-442.25

Drew Erhardt-54.05

Cale Ferderer-300.00

Fidelity Security Life Insurance-70.16

Glen Ullin Rural Fire-52.17

Glen Ullin School-1826.94

Ryan Gullickson-131.95

Hazen Rural Fire-513.81

Hazen School-12600.60

Samantha Iverson-365.60

Lexipol LLC-3042.00

Alyce Littlefield-500.00

MDU-931.31

Mercer County Ambulance-2329.32

Morton County Auditor-1863.93

Morton County Council on Aging-2890.37

Nationwide Retirement-2181.00

ND State Treasurer-468.67

New Salem-Almont School-7311.05

New Salem Ambulance-448.54

New Salem Rural Fire-344.61

Oliver County 4-H Council-64.00

Oliver County Ambulance-9456.74

Oliver County Historical Society-361.30

Oliver County Rural Fire-5038.64

Oliver Soil Conservation-3633.49

Oliver County Treasurer-14734.52

Oliver County Water Resource District-916.18

Jeb Schafer-434.51

Security First Bank of ND-43468.25

Stanton Rural Fire-131.26

SW Water Authority-83.78

TransTrash-420.00

Verizon Wireless-288.21

VISA-1912.27

Visto’s Trailer Sales-16750.00

Washburn Rural Ambulance-1771.40

Washburn Rural Fire-515.96

Washburn School District-10874.16

Ashlee Weigel-477.99

WRT-1251.83

Western Plains Public Health-4971.21

Dustin Wettels-301.68

Stanley Wetzel-500.00

Payroll- $79,411.72 

Budget Amendment 2025-3 was presented. Lee Husfloen moved and Dave Berger seconded the motion to approve Budget Amendment 2025-3, as shown below.  All in favor, none opposed; motion carried.

Discussion was held on implementing a burn ban. Dave Berger moved and Lee Husfloen seconded the motion to approve ‘Option A’, as shown below. All in favor, none opposed; motion carried.

Discussion was held on providing a public dumpster during the burn ban. It was decided to re-evaluate the situation at the May meeting before making a decision.

Discussion was held on Sheriff Fuel purchases. Rob Schmidt spoke with Rud Oil about setting up card services for county equipment. They are currently working on the software to get that set up.

Discussion was held on getting a cell phone for the Sheriff’s Department office deputy. Dave Berger moved and Lee Husfloen seconded the motion to approve the Sheriff’s Department office deputy to get a cell phone. All in favor, none opposed; motion carried.

There was one applicant for the Oliver County Park Board. Lee Husfloen moved and Dave Berger seconded the motion to approve Randy Schmidt for the appointment to the Oliver County Park Board. All in favor, none opposed; motion carried.

Discussion was held on moratoriums for Solar Facilities and Data Centers. The Planning & Zoning Board has made the decision to bring forth the moratoriums again. The County Commissioners have chosen to wait to make any decisions at this meeting. Lee Husfloen moved and Dave Berger seconded the motion to table the moratorium discussion until the May 6th meeting.

Building Permit #1056 for Beth Kohler was presented for a home located on SE ¼ NE ¼ of 22, 143-83. Dave Berger moved and Lee Husfloen seconded the motion to approve Building Permit #1056. All in favor, none opposed; motion carried.

The city representative for Planning & Zoning, Adam Vaughn, resigned from City Council. The Council chose Troy Hatzenbihler as the new city representative. Lee Husfloen moved and Dave Berger seconded the motion to approve Troy Hatzenbihler as the city appointment to Planning & Zoning. All in favor, none opposed; motion carried.

The 2024 Financial Statement was provided to the Commissioners.

Keith Vitek presented a quote for a new lawnmower for the Courthouse. Lee Husfloen moved and Dave Berger seconded the motion to purchase the lawn mower for $8300 and the snowblower attachment for $2250. All in favor, none opposed; motion carried.

Discussion was held on the S&M Lawn courthouse spraying bid. Dave Berger moved and Lee Husfloen seconded the motion to approve the bid for S&M to spray the Courthouse lawn for 2025. All in favor, none opposed; motion carried.

Discussion was held on the quote from Denny’s Electric for a new backup generator. Lee Husfloen moved and Dave Berger seconded the motion to approve the bid from Denny’s Electric for $39,115.12 for the new generator and $2865.00 for removal of the old generator. All in favor, none opposed; motion carried.

Keith Vitek, Community Club member, requested used of the Commission room during Old Settler’s for the purpose of putting an ‘Escape Room’ on during the Old Settler’s event. Dave Berger moved and Lee Husfloen seconded the motion to approve the request of the use of the Commission room. All in favor, none opposed; motion carried.

A Highway Utility Permit for WRT was presented. Lee Husfloen moved and Dave Berger seconded the motion to approve WRT’s Highway Utility Permit. All in favor, none opposed; motion carried.

 

Brent Isaak, resident, had requested new 35 mph speed limit signs be placed near his home. He also requested mag-chloride be placed on his road for a ½ mile stretch for dust suppression. Discussion was held on this request. The cost would be roughly $1800 per quarter mile for just the mag-chloride. A comment was made that if the county does it for one resident, then we need to do it for all that live on gravel roads. No action was taken at this time.

Discussion was held on the fence line near Rick Huntimer’s property. Dave Berger moved and Lee Husfloen seconded the motion to move forward with moving the fence line back to where it was prior to the Oliver Wind IV project began. All in favor, none opposed; motion carried.

Discussion was held on getting a credit card for Kenny Rude for county shop purposes. Dave Berger moved and Lee Husfloen seconded the motion to open a County Credit Card through Security First Bank of ND for Kenny Rude with a $5000 limit. All in favor, none opposed; motion carried. 

Discussion was held on updating the server for the County Shop cameras. Dave Berger moved and Lee Husfloen seconded the motion for the county shop camera server to be updated at the cost of $3732.02. All in favor, none opposed; motion carried.

Discussion was held on the motor grader lease. The Commission agreed to keep the same terms presented at the March meeting my Kasey Erickson of Butler Machinery, and look at a different option for trading the spare motor grader we currently have for a future option.

Discussion was held on gravel testing. Several tests done show too much sand in tested spots. They are looking into other options.

The county shop yard is currently being cleaned up and getting updated with the new fuel tanks, electric work, and shop clean up.

Discussion was held on the new cutting edges being used. The new edges have been holding up better than the previous ones and have been used for the same amount of time.

Discussion was held on fuel delivery sheets. Dave Berger and Kenny Rude will talk to Rud Oil about getting the fuel delivery sheets given to the Road Superintendent upon delivery to verify the delivery before being given to the Auditor’s office for payment.

Discussion was held on liquidation of shop items. Lee Husfloen moved and Dave Berger seconded the motion to put the following items up for bids. All in favor, none opposed; motion carried.

Cub Cadet Lawn Tractor

  • LTX-1046-KW
  • Hydrostatic Drive
  • V-Twin 21.5 HP
  • Kawasaki Engine
  • D2 Bag Bagger
  • Front Mount Snow Blower
  • 42” Mower Deck
  • Rear Tire Chains

Brush Bandit Model 150 Brush Chipper

  • Trailer Mounted, Hand Feed

2001 International Sanding Truck – Minimum bid of $5000

  • Stainless Steel Slide in Sander
  • Front Batwing Plow
  • Underbody Blade

Fiat Allis 645 Payloader – Minimum bid of $4000

  • Clam Bucket

Overhead Hoist

  • FRAME ONLY
  • On wheels

1985 Dodge W-350 Crew Cab Pickup

Oliver Wheel Packer

Discussion was held on the new fuel trailer. Hazmat training will be needed. 2-3 of the shop employees will go to training. 

Discussion was held on road concerns within the Oliver IV-NextEra Wind Energy Project. Several representatives from NextEra were present, including Sarah Montone, Mark Dahl, Tara Fox, Tony Riess, Mike Knuth and Chase. NextEra will be moving the fence by Huntimer’s. There is a washout within the section line that also needs to be addressed. Many landowners within the project area have concerns, of which include the use of non-road grade gravel and roads in worse condition than when they started.

David Henke, resident, asked why NextEra is waiting a month to work on the roads.

Daryn Karges, resident, asked who will take care of improved section lines once the project is complete and NextEra leaves the county.

NextEra representatives stated that a discussion was held with the former road superintendent that the county would not be maintaining any improved section lines after project completion.

Concerns were addressed about wash outs in the roads and section lines, causing safety issues.

Noxious weed control concerns were also addressed. NextEra stated that they will be submitting a ‘Voluntary Weed Mitigation Plan’ to the Oliver County Weed Board.

Patrick Waters addressed concerns of landowners regarding speed limits and dust suppression. Waters stated that if there are any landowners with concerns in the project area, that law enforcement and the Commission need to be made aware so that he, as State’s Attorney, is able to do something about it. He stated that the best option is to contact the local dispatch to have a proper recording of the concern.

Discussion was held on trees, replanting, wind erosion and weed control within the area. The Oliver SCD has been in contact with NextEra regarding tree planting, but have concerns needing to be addressed with the types of trees being offered as well as other concerns relating to tree planting, weeds and soils.

The Commission entered into a five-minute recess.

The Oliver County Weed Board, represented by Chair Brian Letzring, came to the Commission to request an amendment to their budget. The Weed Board would like to purchase a side by side, trailer and tank and are requesting an increase to their machinery, equipment and vehicles line item from $0 to $24,000. Discussion was held on this. Concerns were presented relating to liability insurance. Dave Berger spoke with the county’s insurance agents, both of which stated that if the weed board used this equipment to rent out to landowners or to let them use it, and something happened while in use, the county could stand to lose all of its coverage on everything, not just the weed board items.

Other concerns brought up were in relation to hiring an employee, who will do the spraying, renting out of the equipment and storage of the equipment.

Discussion was held on the county weed board members. Brian Letzring, chair, requested that Dorthy Duhr be put back on the board, to replace Dave Berger. Dave Berger was appointed to the board after a lack of applicants at the time of the openings. Comments were made about the concern of having Dave Berger on the board.

Daryn Karges, resident, addressed concerns about the finances of the board. He stated that the weed board and cost share program has been working well, but concerns come into play when the weed board is wanting to build a building or spend money on equipment.

Discussion was held on weed board districts and options around moving to at large or remaining in districts.

Dave Berger suggested the Commission table further discussion on weed board items until the next meeting.

Greg Petrik, BNI, presented communication from the meeting on March 27th regarding the 37th Ave Overpass plans. Concerns were brought up about dust control during the project, as well as previous issues with it.

Keith Vitek discussed running a wire to the courthouse shed for power. He has talked to Ryan Wrobbel about doing this.

The meeting was adjourned at 4:25 pm.

The next meeting of the Oliver County Commission will be at 1:00 PM, May 6th, 2025 at the Oliver County Courthouse meeting room.

_________________________________                    _________________________________

Jaden Schmidt, Oliver County Auditor                         Lee Husfloen, Chairman of the Board