March 13th, 2025

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

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 February 10th, 11th, 13th, 21st, 24th, 28th and March 5th 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-447.65

Butler Machinery-1137.63

Center Republican-964.52

CNRG Credit-613.46

Computer Express-5194.00

Dacotah Paper Co.-617.58

Dakota Fire Station-95.00

Electro Watchman-8310.36

Essentia Health-487.00

I-State Truck-4622.03

ITD-4622.03

K&M Repair-1847.20

Locators & Supplies-989.04

Menard’s-2043.78

Mercer County Sheriff-1275.00

ND Clerks Assn-100.00

ND County Recorder’s Assn-500.00

NDACO Resources Group-1639.44

ND League of Cities-60.00

OK Tire Store-1329.90

Quadient Finance-200.00

Quadient Leasing-209.49

Roberts Floral-118.79

Rud Oil & Gas-4904.99

Salhus Septic-300.00

Jaden Schmidt-142.10

Richard Schmidt-919.80

Robert Schmidt-192.50

Security First Agency of ND-10128.00

Statewide Services-36401.00

Stein’s Inc-615.42

Superior Glass-425.00

Vanguard Appraisals-2150.00

Keith Vitek-165.00

Mercer County Human Resources-5887.20

DirectMed-1704.56

Patrick Waters-400.00

The following bills previously paid were approved:

Aflac-398.94

Balerud Rentals-534.55

Beulah Rural Fire-954.47

Beulah School District-103041.53

Char Boehm-2125.92

Center JDA-2500.00

Center Park District-11020.72

Center-Stanton School-825678.97

City of Center-75990.17

Colonial Life-782.79

Companion Life-442.25

Core Logic-788.86

Dovenmuehle Mortgage-61.18

Cale Ferderer-300.00

Fidelity Security Life-70.16

Fort Clark Irrigation-169.50

Glen Ullin Rural Fire-745.95

Glen Ullin School-19266.33

Hazen Rural Fire-5352.54

Hazen School-88094.48

Liberty Business Systems-2167.82

MDU-1082.98

Mercer County Ambulance-20904.11

Merchants Bank Operations Center-1930.54

Morton County Auditor-17051.32

Morton County Council on Aging-41035.72

Nationwide Retirement-2248.50

ND State Treasurer-12868.96

New Salem-Almont School-89051.33

New Salem Ambulance-10783.71

New Salem Rural Fire-4839.87

Oliver County Ambulance-84868.14

Oliver County Historical Society-3321.25

Oliver County Rural Fire-39889.34

Oliver Soil Conservation-33211.91

Oliver County Treasurer-133759.05

Oliver County Water Resource-8233.88

Oliver Wind-146.11

Rebecca Peterson-103.14

Roughrider Electric-1141.88

Security First Bank-79634.50

St Paul’s Lutheran Church-118.46

Stanton Rural Fire-1549.77

SW Water-65.05

US Records-1345.59

Verizon Wireless-370.32

VISA-1638.56

Washburn Rural Ambulance-15897.13

Washburn Rural Fire-6308.41

Washburn School-104787.50

WRT-1393.21

Western Plains Public Health-45701.55

Payroll-94215.59

Abatement #03050002 for $370.06 was presented. Dave Berger moved and Lee Husfloen seconded the motion to approve abatement #03050002 for $370.06. All in favor, none opposed; motion carried.

Planning & Zoning updates were discussed. A decision to create subcommittees for ordinance work was tabled to the April meeting.

JD Hanson, Oliver SCD, approached the Commission requesting assistance to help with authority in NDCC regarding areas in the recent NextEra wind project and weed control and tree planting. Mikael Schmidt, Oliver SCD board member, also addressed erosion concerns within the area. The Oliver SCD is requesting the Commission “back up” the SCD board’s recommendations for erosion control, weed control and tree planting.

Discussion was held on Courthouse weather closures. Currently the Courthouse follows what the Center-Stanton school announces for closures. The County Auditor, with discussion and advisement with the County Sheriff, will announce closures of the courthouse due to inclement weather.

Discussion was held on a backup generator for the courthouse. A quote was presented by Denny’s Electric. Decision on the generator was tabled to the April meeting. 

Discussion was held on HB 1279. Casey Voigt, Mercer County Commissioner, presented information on HB 1279 relating to a 10 year tax holiday for coal fire power plants. Voigt testified at the hearing, requesting there be an increase to the coal counties portion of the coal conversion tax. Lee Husfloen addressed concerns about going to the legislature requesting an increase to conversion tax due to past history of discussion about it being taken away entirely. Other concerns brought up were the request to lift all zoning moratoriums in place in order for the amendment to be introduced, as there is no guarantee that the amendment would pass if introduced, nor was there guarantee that the county would receive any extra dollars from coal conversion. Discussion was tabled to later in the meeting.

Denise Brown, NDLTAP (Local Technical Assistance Program), presented to the Commission regarding training for road crews and counties.

A recess was called for 10 minutes.

Kasey Erickson, Butler Machinery, presented two new lease agreements for a 938 Wheel Loader and a 150 Motorgrader. Dave Berger moved and Lee Husfloen seconded the motion to approve and accept the lease agreement for the 2025 938 Wheel Loader with an annual contract payment of $15,752.74 and the lease agreement for the 2025 150 AWD Motor Grader with an annual contract payment of $57,115.94. All in favor, none opposed; motion carried. 

Discussion was held on road concerns. Load/road restrictions are now in place due to frost restrictions. Discussion was held on a fuel tank. Dave Berger moved and Lee Husfloen seconded the motion to accept the quote of $41,305.00 from Enerbase in Minot for a 12,000 gallon fuel tank. All in favor, none opposed; motion carried.

Discussion was held on door and window replacement and repairs at the county shop. Dale Hoger will be addressing those repairs.

Some gravel was tested. 

Concerns were addressed with roads within the NextEra Wind project area. Dave Berger will contact NextEra. 

March 27th, BNI is hosting an open house to discuss the 37th Ave bridge crossing. Jim Jackson was present to discuss the proposed plan. 

Fuel & Lubricant bids were received from Rud Oil. Lee Husfloen moved and Dave Berger seconded the motion to accept the Fuel & Lubricant bid. All in favor; none opposed; motion carried.

Rental Construction Equipment bids were received from Baranko Bro’s Inc. Dave Berger moved and Lee Husfloen seconded the motion to accept the Rental Construction Equipment bid. All in favor, none opposed; motion carried.

Gravel Crushing bids were received from Sundre Sand & Gravel. Dave Berger moved and Lee Husfloen seconded the motion to accept the Gravel Crushing bid. All in favor, none opposed; motion carried. 

Jim Jackson, Moore Engineering, discussed the Flex Fund. The project that will be applied for is the BNI road resurfacing.

Discussion was held on Ambulance Districting. Darcy Lackman, Bill Peterson and Mickie McNulty-Eide were present to discuss. The Ambulance has hired a consulting firm to work through the process. They will be in touch with the Auditor’s office to start the timeline.

Jim Wenning, Deputy Sheriff, discussed a Law Enforcement policy manual. Currently there is no policy for the Sheriff’s Department, which governs everything the department does. Without it, it can open the county and sheriffs up to liability. The cost is a yearly subscription with updates and changes as needed for $3042.00. Lee Husfloen moved and Dave Berger seconded the motion to approve the contract of $3042.00 with Lexipol to produce a Law Enforcement policy manual. All in favor, none opposed; motion carried.

Discussion was held on the PERS Public Safety Plan. Alice Grinsteinner, EM/HR, will look into it with the Sheriff’s Department, including cost.

Tabled discussion on HB 1279 resumed. Patrick Waters, State’s Attorney, recommended to lift the moratoriums based on the information presented, but still actively work on a valid ordinance.

Lee Husfloen moved and Dave Berger seconded the motion to lift the moratoriums for both Solar Facilities and Data Centers & Cryptocurrency Mining Facilities. A roll call vote was held: Lee Husfloen-Aye, Dave Berger-Aye, Rob Schmidt-Aye.

Jaden Schmidt, Auditor, requested of the Commission to get a county cell phone. Due to the increase of calls, texts and emails received after hours and on weekends on the Auditor’s personal phone, she is requesting a county paid cell phone to be used specifically for any and all work-related communication. Dave Berger moved and Lee Husfloen seconded the motion to allow the Auditor to get a county cell phone. All in favor, none opposed; motion carried.

Discussion was held on the Golf Course lease updates. The original lease was during the 1980s between the city park board, Oliver County park board and Minnkota. In the 1990s, the lease was renewed and Oliver County Park Board was excluded from the lease after the Oliver County Commission/Park Board decided to cancel their part of the agreement. At this time, the County has no interest in the Golf Course, so no action is needed.

Discussion was held on the quotes from consulting firms to update the Comprehensive Plan and Planning & Zoning Ordinance. Dave Berger moved and Lee Husfloen seconded the motion to accept the quote from SRF Consulting for just the Comprehensive Plan for $59,743.20. All in favor, none opposed; motion carried.

Discussion was held on a burn ban. Dave Berger moved and Lee Husfloen seconded the motion put a burn restriction during fire emergencies in place. All in favor, none opposed; motion carried.

The meeting was adjourned at 5:03 pm.

The next meeting of the Oliver County Commission will be at 1:00 PM, April 10th, 2025 at the Oliver County Courthouse meeting room.

_________________________________                    _________________________________

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