September 5th, 2024

OLIVER COUNTY COMMISSION PROCEEDINGS were called to order at 8:00 AM with all members present.

Darrell Berger moved and Blake Wilkens seconded the motion to approve the agenda. All in favor, none opposed; motion carried. 

Blake Wilkens moved and Darrell Berger seconded the motion to approve the minutes of the August 1st, 16th, 19th and 22nd meetings. All in favor, none opposed; otion carried.

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

ichard Schmidt-73.98

Allstate Peterbilt-634.45

Election Systems & Software-825.92

I-State Truck Center-3849.52

ITD-901.10

K&M Repair-3763.67

Mercer County Sheriff’s Dept-30000.00

NDACO-189.00

NDACO Resources Group-650.72

NW Tire-6391.76

Stein’s Inc-730.57

Uniform Center-1254.88

Keith Vitek-325.00

Western Dakota Energy Assn-500.00

Tyler Technologies-114.03

Legend-Air & Plumbing-313.23

Keri Brown-995.00

Butler Machinery-4130.11

Dacotah Paper Co-645.66

Holiday Inn-192.60

Lee Husfloen-135.34

Matthew Bender-28.58

Linda Nelson-49.00

Runnings-52.96

Jaden Schmidt-120.60

Quadient Leasing-183.09

Master Fire & Safety-70.00

Security First Bank-26692.42

Scheels-231.92

Center Machine-106.68

Center Republican-840.04

Rud Oil & Gas-16810.65

Downtown Gas & Auto Repair-32.25

Jake’s Auto Glass-339.56

Blake Wilkens-192.29

Uniform Center-8.99

Allstate Peterbilt-60.28 

The following bills previously paid were approved:

 Aflac-426.50

Beulah Rural Fire-15.63

Beulah School District-372.12

Center-Stanton School-1387.44

Center Park District-128.70

City of Center-1706.85

Colonial Life-492.13

Companion Life-616.24

Deere Credit-527.81

Cale Ferderer-300.00

Fidelity Security Life Insurance-70.16

Laura Huber-30.00

Liberty Business Systems-509.02

Marco Technologies-191.32

MDU-1330.24

Mercer County Ambulance-30.35

Morton County Auditor-23.08

Morton County Council on Aging-36.35

Brenda Nagel-30.00

Nationwide Retirement-2066.00

ND State Treasurer-18.17

Linda Nelson-30.00

Oliver County Ambulance-123.21

Oliver County Fair Association-17000.00

Oliver County Rural Fire-67.75

Oliver Soil Conservation-45.43

Oliver County Treasurer-1239.48

Roughrider Electric-120.07

Jaden Schmidt-30.00

Security First Bank-65343.22

SW Water-62.44

US Records Midwest-845.13

Verizon Wireless-370.12

VISA-6061.35

Washburn Rural Ambulance-23.08

WRT-992.26

Western Plains Public Health-63.24

Discussion was held on the NDPERS Contract and Health Insurance Incentive. It was recently discovered that the health insurance incentive paid by the county to employees not taking health insurance was in violation of the NDPERS contract signed back in 1999. NDPERS was made aware of this and told the county that they must stop paying the incentive or risk losing health insurance coverage altogether. State’s Attorney, Patrick Waters, looked into the contract and stated that it is clear and the county cannot offer the incentive. He is requesting permission to contact NDPERS to clarify. The Commissioners were agreeable to this. Darrell Berger moved and Blake Wilkens seconded the motion to have Linda Nelson, Chief Deputy Auditor, look into rates with other insurances. All in favor, none opposed; motion carried.

Discussion was held on the Oliver County Weed Board and issues that have continued to be brought up. Patrick Waters, State’s Attorney, gave his legal opinion, state the weed board is not authorized to make purchases that include buildings or land. Darrell Berger stated that part of the problem continues to be the belittlement of county employees and officials. Discussion was also held on compliance concerns of the weed board. The Commission recommended to have Patrick Waters write a letter to discuss the issues as well as request the Weed Board have a meeting to discuss and make certain the county is in compliance with pesticide storage.

Discussion was held on a security monitor to be placed in the Auditor’s office. Darrell Berger moved and Blake Wilkens seconded the motion to approve the purchase of a 43-Inch Monitor and Mini PC with wall mount and installation for $1,800.83 from Electro Watchman using ARPA Funds. All in favor, none opposed; motion carried. 

Discussion was held on a camera in the meeting room. Due to concerns of privacy for jury usage and social services use, no camera will be placed in the meeting room.

Darrell Berger moved and Blake Wilkens seconded the motion to approve the Lewis & Clark Regional Development Council Livestock Resolution 2024-04. 

RESOLUTION APPROVING AGREEMENT WITH THE COUNTY OF OLIVER AND LEWIS AND CLARK REGIONAL DEVELOPMENT COUNCIL FOR PURPOSE OF REGIONAL LIVESTOCK PLANNING GRANT ACCEPTANCE

WHEREAS the County of Oliver on behalf of its County Commission desires to enter into Agreement with the Lewis and Clark Regional Development Council to apply for a Regional Livestock Planning Grant which the County is eligible.  The Agreement further provides the County with identification of suitable locations for rural economic development, including animal feeding operations, agricultural processing and storage facilities and other agriculture related development.

NOW, THEREFORE, BE IT RESOLVED by the County Board of Oliver County, North Dakota as follows: 

  1.   Following completion of the site analysis process the county will review county and township zoning and land use regulations. The county may update any zoning or land use regulations based on recommendations of site analysis process. Additionally, county will provide information to townships of said county so they may review and update zoning and land use regulations as they see fit.
  1.   That Lee Husfloen, the Chair of the County of Oliver, and Jaden Schmidt, the County Auditor, are authorized to sign the Agreement.

Passed and Adopted by the Council on this 5th  day of September, 2024.

COUNTY OF OLIVER

Blake Wilkens moved and Darrell Berger seconded the motion to approval moving the October 10th Commission meeting to October 4th. A roll call vote was held: Darrell Berger-Aye, Blake Wilkens-Aye, Lee Husfloen-Aye. The motion carried.

Road Issues were discussed. Resident Mike Huber addressed concerns about road maintenance within the NextEra wind project. He stated that maintenance of the road by blading has not been happening. Kyle Miller stated that the company put mag chloride down so they can’t blade the roads. Mike stated that trucks are often going from one lane to the other to avoid soft spots and he is concerned about safety. He is requesting the whole road be bladed as well as the company to keep up with dust control. Blake Wilkens stated he will speak to the company. 

Chris Simon, resident, addressed concerns about roads within the NextEra wind project. He asked if there are regulations for the company to control weeds along the section lines and roads within the project. He has spoken with company reps but has gotten no answer. He also asked about reclamation for travel ways. The Commissioners stated that the company is supposed to fix the section lines back to where they originally were when finished. Chris also asked about putting picks on the blade before the company puts the 2 inch cap on to fix the road. The Commissioners stated the company should be doing that. Chris Simon also asked if the company is responsible for mowing the road ditches where their equipment is at. They are supposed to. He also asked about 45th Ave and who is responsible for blading it. There was miscommunication and it is the county’s responsibility. 

Mike Huber, resident, asked Blake Wilkens about receiving concrete from Blattner Energy. Blake Wilkens stated that he asked the company, and that all anyone needs to do is ask the company. 

Kyle Miller received an estimate on the Trail King trailer that was hit by a resident. Total cost of repairs is $13246.00. Discussion was held on insurance covering the cost. At the time of the meeting, a police report was being waited on to continue to process. 

Discussion was held on section lines that NextEra is using and improving. When the project is complete, the county will not continue upkeep of the section lines.

Discussion was held on other roads within the county.

Discussion was held on selling equipment not needed. There are some trucks and vehicles that can be put on sale by bid. 

Discussion was held on electrical wiring at the county shop. Ryan Wrobbel needs to be contacted to work on that, as well as the shed on the courthouse property. 

Discussion was held on a tree in a section line that needs to be removed so that farm equipment can pass through. 

Building Permit #1042 for Hi Plains Building Division/NextEra for an Office & Maintenance Building was presented. The size is 32 x 105. Blake Wilkens moved and Darrell Berger seconded the motion to approve Building Permit #1042. All in favor, none opposed; motion carried.

Building Permit #1043 for Josh Metz for a garage was presented. The size is 18 x 36. Darrell Berger moved and Blake Wilkens seconded the motion to approve Building Permit #1043. All in favor, none opposed; motion carried.

Building Permit #1044 for Casey Blohm for a home was presented. Darrell Berger moved and Blake Wilkens seconded the motion to approve Building Permit #1044. All in favor, none opposed; motion carried.

Discussion was held on revision of the Industrial Building Permit fees. Darrell Berger moved and Blake Wilkens seconded the motion to change the Industrial Building Permit fee to .001 times the total cost of the project. 

Blake Wilkens moved and Darrell Berger seconded the motion to approve the Highway Utility Permits from WRT. All in favor, none opposed; motion carried. 

Discussion was held on a letter received in regards to Nisbet Cemetery, which stated that the cemetery seemed to abandoned. Lee Husfloen stated he would look into it.

Discussion was held on Haul Road Agreements. Paragon Geophysical Services continues to send in Certificates of Liability but have not applied for a Haul Road Agreement. It was discussed that Jaden Schmidt should reach out to them to determine if they are needing a Haul Road Agreement.

Discussion was held on the Poll Site Access Survey that took place in late August. The biggest issues discussed was the broken pavement in front of the Courthouse that should be fixed prior to election day. 

Jaden Schmidt, Auditor, discussed Election updates. The withdrawal deadline for candidates was September 5th at 4 pm. Candidate rotation will take place and ballots will be sent off for finalization and printing. Discussion was held on current county candidates on the ballot, which are as follows:

Current Commission candidates

Blake Wilkens, Darrell Berger, Dave Berger and Rob Schmidt

State’s Attorney Candidate

Patrick Waters

SCD

Daryn Karges

Discussion was held on ARPA Dollars. The current balance is $214,742.44. The funds must be obligated by the end of the 2024 and be spent by 2026.

Greg Petrik, BNI, invited the Commissioners to BNI for a celebration between BNI and Minnkota on Friday the 13th of September.

Kyle Miller discussed some road crew concerns. He may lose some employees due to retirement. He stated that he may need 1 full time and 2 temps to cover the loss.

Alice Grinsteinner, Oliver/Mercer Emergency Manager presented the joint powers agreement for approval. Darrell Berger moved and Blake Wilkens seconded the motion to approve the Joint Powers Agreement. All in favor, none opposed; motion carried.

Discussion was held on A Fire Ban. Darrell Berger moved and Blake Wilkens seconded the motion to approve the Fire Ban to be in place when the fire weather hits high or extreme levels. All in favor, none opposed; motion carried.

The meeting adjourned at 10:47 AM.

The next meeting of the Oliver County Commission will be at 8:00 AM, Friday October 4th, 2024 at the Oliver County Courthouse meeting room.

_________________________________                    _________________________________

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