May 2nd, 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 April 4th, 2024 meeting. All in favor, none opposed; motion carried.
Darrell Berger moved and Blake Wilkens 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.
A2Z Plumbing-100.00
Beulah Beacon-100.00
Capital One Trade Creidt-32.00
Catalis LLC-2114.70
Center Republican-303.40
Center Inc-960.00
CHS Inc-21441.50
DOT-2435.53
ES&S-173.62
Empower Electric-10732.00
K&M Repair-14.94
Lomco Inc-3153.19
Menard’s-57.66
NDACO Resources Group-650.72
NDSU Extension-8400.67
Nelson International-6004.18
NW Tire-131.70
Office of Adjutant Gen-263.00
Quadient Finance-1200.00
Robert Gibb & Sons, Inc-368.38
Jaden Schmidt-10.97
Stein’s Inc-268.30
Blake Wilkens-125.96
Lee Husfloen-119.26
Storey Kenworthy-220.46
Dakota Fluid Power-2159.17
Computer Express-950.00
Mercer County Sheriff-1650.00
Center Machine-781.97
Rud Oil & Gas-16453.23
NDSAA-300.00
K&M Repair-673.54
ElectroWatchman-784.64
Empower Electric-310.00
The following bills previously paid were approved:
Aflac-426.50
Agco Finance LLC-9497.17
Beulah Rural Fire-26.97
Beulah School District-3710.75
Center-Stanton School-22254.28
Center Park District-52.28
City of Center-93.29
City of Center-1248.66
Colonial Life Premium Processing-492.13
Companion Life Insurance-383.34
Cale Ferderer-300.00
Fidelity Security Life Insurance-70.16
Glen Ullin Rural Fire-77.04
Glen Ullin School-2942.55
Hazen Rural Fire-286.36
Hazen School-4325.00
Liberty Business Systems-509.02
Marco Technologies-191.32
MDU-1203.00
Mercer County Ambulance-354.55
Morton County Auditor-233.44
Morton County Council On Aging-441.20
Nationwide Retirement-2066.00
ND State Treasurer-241.28
New Salem-Almont School-2579.06
New Salem Ambulance-72.95
New Salem Rural Fire-70.22
Oliver County 4H-64.00
Oliver County Ambulance-1439.36
Oliver County Historical Society-55.16
Oliver County Rural Fire-606.69
Oliver County Soil Conservation-571.94
Oliver County Treasurer-4392.82
Oliver County Water Resource-153.04
Quadient Finance-200.00
Red Top Recovery-336.00
Roughrider Electric-361.23
Security First Bank-58809.27
SW Water Authority-79.26
Verizon Wireless-370.27
VISA-4103.04
Washburn Rural Ambulance-269.63
Washburn School District-404.41
Waste Management-163.26
WRT-996.70
Western Plains Public Health-767.00
Payroll-68481.34
Discussion was held on a building proposal brought forth by the Weed Board for storage of pesticide for cost share as well as public restrooms attached to the end to be used during Fair/4-H events. State’s Attorney, Patrick Waters, stated that the County Commission has the authority to purchase property, but the Weed Board does not, as it is outside their scope of duties. Discussion was held on liability concerns with respect to who carries the liability with a county owned and funded building that is located on non-county owned property. There were concerns as well with liability and storage of pesticide in a public area. Questions were also asked about which fund would be used to pay for the building. Weed Board funds can only be used for noxious weed control, so a storage building could be funded by the Weed Board, but restrooms are outside the scope of what the Weed Board can do. Restrooms could be paid for out of the County General Fund, but the question was asked if that is good stewardship of county funds. The Commissioners requested more information and details of cost, with written proposals from companies. It was also noted that all contracts must come to the Commission for signature and approval.
Discussion was also held on several accusations that came from the Weed Board, directed towards the Commission and Auditor. The State’s Attorney did look into this and found that the accusations were unfounded and should they continue, he should be notified.
Darrell Berger moved and Blake Wilkens seconded the motion to table the Weed Board items until more information is received. All in favor, none opposed; motion carried.
Discussion was held on ARPA dollar usage.
Blake Wilkens moved and Darrell Berger seconded the motion to appoint Rita Giesen as the Election Inspector. All in favor, none opposed; motion carried.
The approved Clerk of Court Funding Agreement arrived and needed a signature of the Commission Chair.
Discussion was held on a Burn Ban. A new EM has not been hired as of this meeting. They are usually the person to contact and recommend a burn ban. At this time, no Burn Ban was needed.
Blake Wilkens moved and Darrell Berger seconded the motion to move the July 9 Commission Meeting to July 2. All in favor, none opposed; motion carried.
Mickie McNulty-Eide, Recorder, requested the use of the County Credit Card to book hotel rooms for the Recorder’s Conference, to be held on June 18th-20th in Dickinson. The Commissioners were agreeable to using the credit card.
The Sheriff’s Department attended the meeting to discuss Courthouse Security. Cale Ferderer, Deputy, discussed that the level of security in the Courthouse is the lowest that he is aware of in the state. Discussion was held on the use and possession of keys to the building and offices. Cale stated that if there was an issue, security is low. A suggestion was made by Cale Ferderer and James Christoff, deputies, that door locks could possibly be changed, either to a timed secure fob type of system, or have keys/locks changed. It was noted that the Sheriff’s department is the head of courthouse security and that to have NCIC certification, the building must be secure. The Courthouse, it was noted, is not fully secure. Commissioner Darrell Berger stated that the entire building does not need to be updated and that if the Sheriffs are concerned, that may change their office locks, but no other offices are going to.
Chris Albers, resident discussed a road crossing/culver concern. Kyle Miller has looked at it and will be putting rock at the bottom and then banking up to help with erosion.
BNI gave some updates on the 37th Avenue road crossing. Moore Engineering is under contract to engineer the road crossing. Greg Petrick was in attendance to show a map with two possible route options. They are looking at a 2025 timeline to start the process. The County Commission must approve the design, which they may receive in 2024.
Kyle Miller updated the Commission on various road items. The new excavator should be arriving soon. Temp workers are back for the summer. Gravel is being hauled. Commissioner Blake Wilkens requested that picks be put on one blade for the workers to try using it on some of the roads.
Darrell Berger moved and Blake Wilkens seconded the motion to approve the amended ROW. All in favor, none opposed; motion carried.
Discussion was held on the Road Use and Maintenance Agreement with NextEra and Subcontractors. Terms were added to the agreement to include requirement of LoadPass Permits for all oversized loads by NextEra and all subcontractors or be subject to fines, requirement of dust suppression on all roads and laydown yard areas at all times during construction. Darrell Berger moved and Blake Wilkens seconded the motion to amend the road use agreement with the aforementioned added terms. All in favor, none opposed; motion carried.
Darrell Berger moved and Blake Wilkens seconded the motion to approve the Road Use and Maintenance Agreement with the amended terms. All in favor, none opposed; motion carried.
Planning & Zoning Permit Fees were discussed for revision. Blake Wilkens moved and Darrell Berger seconded the motion to approve the revised Permit Fees as follows:
|
Building Permits |
|
|
Residential – Less Than 500 Sq Ft |
$25.00 |
|
Residential – 501-1500 Sq Ft |
$50.00 |
|
Residential – 1501 and up Sq Ft |
$100.00 |
|
Commercial |
$100.00 |
|
Industrial |
$100.00 |
|
Agricultural |
$100.00 |
|
Wind Turbines |
$500 per turbine |
|
Other Zoning Permits |
|
|
Conditional Use - Residential |
$200.00 plus $1.00 for every acre over 10 acres |
|
Conditional Use - Commercial |
$200.00 Plus $1.00 for every acre over 10 acres |
|
Conditional Use - Industrial |
$200.00 OR .001 times the total cost of the project, whichever is greater Plus $1.00 for every acre over 10 acres |
|
Temporary Use |
$200.00 |
|
Zoning Change |
$200.00 |
|
Variance |
$200.00 |
All in favor, none opposed; motion carried.
Permit #1025 for NextEra was presented for update to the Right of Way. The application stated 115 feet, but it should have stated 150 feet. Darrell Berger moved and Blake Wilkens seconded the motion to approve the update. All in favor, none opposed; motion carried.
Conditional Use Permit #1030 for Beth Kohler was presented. Beth Kohler is proposing to move a home on to and possibly build other outbuildings on property currently zoned agricultural. Blake Wilkens moved and Darrell Berger seconded the motion to approve CUP #1030. All in favor, none opposed; motion carried.
Building Permit #1031 for Beth Kohler to move a house located at 22-143-83 was presented. Darrell Berger moved and Blake Wilkens seconded the motion to approve building permit #1031. All in favor, none opposed; motion carried.
Building Permit #1032 for Beth Kohler to build a shop located at 22-143-83 was presented. Darrell Berger moved and Blake Wilkens seconded the motion to approve building permit #1032. All in favor, none opposed; motion carried.
Building Permit #1033 for Blattner Energy and the construction of the 73 wind turbines for NextEra/Oliver IV was presented. Darrell Berger moved and Blake Wilkens seconded the motion to approve building permit #1034 for Blattner Energy. All in favor, none opposed; motion carried.
Building Permit #1034 for Northwest Contracting Inc., for an addition to a BNI Cold Storage Shed. Blake Wilkens moved and Darrell Berger seconded the motion to approve building permit #1034 for Northwest Contracting Inc. All in favor, none opposed; motion carried.
Temporary Use Permit #1035 was presented for Blattner Energy for laydown yards. Darrell Berger moved and Blake Wilkens seconded the motion to approve Temporary Use Pemit #1035 for Blattner Energy. All in favor, none opposed; motion carried.
Dan and Deb Bueligan requested an extension of Building Permit #1002, issued on June 1, 2023. Blake Wilkens moved and Darrell Berger seconded the motion to approve the extension. All in favor, none opposed; motion carried.
The Ordinance Amendment to section 17.1 was presented. The Amendment would change wording to the Administration portion of the Ordinance in relation to job duties of the Planning & Zoning Department as well as the County Auditor. Blake Wilkens moved and Darell Berger seconded the motion to approve the Amendment. All in favor, none opposed; motion carried.
Patty Koapke presented Ag Exemption Abatements #03099004 and #05111005. Darrell Berger moved and Blake Wilkens seconded the motion to approve Abatement #03099004. All in favor, none opposed; motion carried. Darrell Berger moved and Blake Wilkens seconded the motion to approve Abatement #05111005. All in favor, none opposed; motion carried.
Discussion on HR was brought up. The Commissioners chose to table this discussion until the June meeting.
One Highway Utility Permit for WRT was presented. Blake Wilkens moved and Darrell Berger seconded the motion to approve the HUP. All in favor, none opposed; motion carried.
Three Highway Utility Permits for Roughrider Electric were presented. Blake Wilkens moved and Darrell Berger seconded the motion to approve all three HUPs. All in favor, none opposed; motion carried.
Blake Wilkens moved and Darrell Berger seconded the motion to update the phone system with WRT, due to the old phones no longer in production and parts are not available. ARPA Dollars will be used to pay for the updates. All in favor, none opposed; motion carried.
Commissioner Darrell Berger discussed inventory items. Terry Redlin pictures given by Larry Metzger, should be kept in inventory. Darrell also discussion an inventory issue in regards to an employee that may bring a piece of furniture from their home, because previously, the county refused to order furniture, how would that be handled? Employees needing office equipment should request it from the Commissioners so that it can be ordered. Personal furniture can be brought in, if an employee chooses to do so, but all county furniture should remain in the building unless it is broken and must be disposed of or Commissioners have approved a private sale of any items.
The Maintenance Room/Janitor’s Closet is leaking when it rains. Commissioner Blake Wilkens will contact the company that re-did the roof to have them look at it and fix it.
Commissioner Darrell Berger attended the interviews and meeting for hiring of a new Emergency Manager. Discussion was held on the potential candidates. A Hiring meeting will be held on May 15th.
The meeting adjourned at 11:52 AM.
The next meeting of the Oliver County Commission will be at 8:00 AM, Thursday, June 6th, 2024 at the Oliver County Courthouse meeting room.
_________________________________ _________________________________
Jaden Schmidt, Oliver County Auditor Lee Husfloen, Chairman of the Board