September 11th, 2025
OLIVER COUNTY COMMISSION PROCEEDINGS were called to order at 1:00 PM with all members present.
The Pledge of Allegiance was recited.
Rob Schmidt moved and Dave Berger seconded the motion to approve the agenda. All in favor, none opposed; motion carried.
Dave Berger moved and Rob Schmidt seconded the motion to approve the minutes of the August 12th and August 28th, 2025 meetings. Dave Berger requested that all motions presented to and made by the County Commission moving forward should be read aloud before final passage. All in favor, none opposed; motion carried.
Dave Berger moved and Rob Schmidt 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-517.03
Dennis Beckman-266.80
Bobcat of Mandan-200.00
Butler Machinery-2103.95
Center Machine-345.00
Center Republican-35.70
Computer Express-2582.00
Eide Chevrolet-731.88
Essentia Health-930.00
Nathan Henke-7200.00
Bryce Hufford-868.00
ITD-1110.70
K&M Repair-1832.70
Knife River Corp-1518.38
Menard’s-1550.27
Mercer County Sheriff’s Dept-70900.00
Moore Engineering-44000.00
NDDOT-1300.89
North Central International-526.24
Quadient Finance-242.13
Quadient Leasing-209.49
Rough Rider Industries-285.20
Rud Oil & Gas-26818.34
Ryan’s Paint & Auto Body-200.00
S&M Lawn Service-7431.00
Software Innovations-2500.00
Stein’s Inc-264.76
Tyler Technologies-119.73
Uniform Center-168.00
Keith Vitek-330.00
WDEA-375.00
Istate Truck Center-17004.44
Mercer County Human Resources-2370.72
SRF-4982.29
Factory Motor Parts-90.52
Titan Machinery-6325.55
Jaden Schmidt-37.10
Catalis-2241.58
The following bills previously paid were approved:
Aflac-387.12
AT&T Mobility-482.42
Steve Bennett-7.96
Center Park District-500.00
City of Center-972.41
Colonial Life Processing-672.90
Companion Life-441.31
Computer Express-1978.98
Empower Electric-8605.00
Cale Ferderer-300.00
Fidelity Security Life Ins-70.16
Gary Helfenstein-340.08
Liberty Business Systems-1526.95
MDU-1096.58
Nationwide Retirement-2001.00
North Central International-270.00
Oliver County Fair-17500.00
Oliver County Treasurer-381.79
Kristy Reilly-18.92
Roughrider Electric-412.25
Security First Bank of ND-74710.11
Statewide Services-1513.00
SW Water Authority-72.79
Verizon-83.08
VISA-5492.70
WRT-1385.26
The Generator installation will take place on September 18th and 19th. A thank you to NextEra Energy will be sent for the $25,000 donation towards the cost of the generator.
A letter was sent from Summit Carbon Solutions requesting their $25,000 bond to be returned that was placed in the Random Fund for financial assurance during test well phases. Rob Schmidt moved and Dave Berger seconded the motion to approve the $25,000 bond be returned to Summit Carbon Solutions. All in favor, none opposed; motion carried.
The City of Center Park Board sent a Thank You letter for the $500 donation from the Oliver County Park Board.
Discussion was held on 9-11 and dispatch concerns. A resident called 9-11 and was told they called the wrong number. The county will hold a meeting with Patrick Waters, Todd Schwarz, Alice Grinsteinner, Rob Schmidt, a representative from both Sheriff’s Departments and Kent Roth.
The public budget hearing as held. Discussion was held on what the budget looks like. Dave Berger, Commissioner, commented on wage increases. Comments were made about what other agencies and the state are doing for increases. The state set increases at 6%. Discussion was held on the contract with Sidwell for GIS software. The budget hearing ended at 2:07 pm.
Bids were opened for the 2024 CASE TV450 B Compact Skid Steer. One bid was received by Dennis Beckman for $20,900. Dave Berger moved and Rob Schmidt seconded the motion to approve the bid with the requirement of a liability waiver being signed prior to pick up. All in favor, none opposed; motion carried.
Discussion was held on maintenance done the skid steer that was sold. Titan machinery recently sent a bill for work performed after Kenny Rude was told that there would be no bill. Titan’s GM agreed that they would cover half of the bill due to clerical error and the county would pay the other half. Dave Berger moved and Rob Schmidt seconded the motion to pay the bill for Titan Machinery for $6325.55. All in favor, none opposed; motion carried.
Discussion was held on section line issues. The section line located near the Yucca Cemetery was requested to be built up to a new landowner’s entry point, roughly ¼ a mile east in from Highway 25. Dave Berger moved and Rob Schmidt seconded the motion to approve building up the road along the section line. All in favor, none opposed; motion carried.
Jim Jackson and Thomas Weigel from Moore Engineering were presented to discuss the county-wide chip seal project. It will be bid in November and construction will begin in 2026. The Flex Fund application for 36th Ave SW was submitted. Dave Berger moved and Rob Schmidt seconded the motion to approve a task order not to exceed $20,000 for the fall field work and have a study phase for the 36th Ave SW road project with Moore Engineering. All in favor, none opposed; motion carried.
Discussion was held on the Road Use & Maintenance Agreement with Minnesota Power for the HVDC project.
The Commission recessed at 2:37 pm.
The meeting was called back into session at 2:47 pm.
Rob Schmidt moved and Dave Berger seconded the motion to approve the Road Use and Maintenance Agreement with Minnesota Power. All in favor, none opposed; motion carried.
Discussion was held on spraying road ditches. S&M Lawn will continue to spray county road ditches. Discussion was held on getting one of the temp workers certified to spray as well.
Discussion was held on the letter Patrick Waters sent to the NDDEQ. No info was available for the DEQ or the county to respond to who filed the complaint.
Patty Koapke, Tax Equalization, presented the Sidwell contract for approval. Rob Schmidt moved and Dave Berger seconded the motion to approve the Sidwell contract for 2026 at a rate of $22,535 and for 2027 at a rate of $11,888. All in favor, none opposed; motion carried.
Building Permit #1071 was presented for Dorthy Duhr for a garage within section 20 of Township 143, Range 82. Dave Berger moved and Rob Schmidt seconded the motion approve Building Permit #1071. A roll call vote was held: Dave Berger-aye, Rob Schmidt-aye, Lee Husfloen-aye. Building Permit #1071 was approved.
Building Permit #1072 was presented for Gene Weil & Nickolette Orgaard for a shed within the NW ¼ of section 7 in Township 141, Range 81. Rob Schmidt moved and Dave Berger seconded the motion to approve Building Permit #1072. A roll call vote was held: Dave Berger-aye, Rob Schmidt-aye, Lee Husfloen-aye. Building Permit #1072 was approved.
Building Permit #1073 was presented for Lacey Maier for a house within the NW ¼ of Section 20, Township 141, Range 85. A roll call vote was held: Dave Berger-aye, Rob Schmidt-aye, Lee Husfloen-aye. Building Permit #1073 was approved.
The second reading for 2025-01 Wind Energy Facilities was held. Austin Collins, ENEL and Sarah Montone, NextEra, thanked the Planning & Zoning Board and Department for their work on the ordinance. Dave Berger moved and Rob Schmidt seconded the motion to approve 2025-01 Wind Energy Facilities ordinance amendment. A roll call vote was held: Dave Berger-aye, Rob Schmidt-aye, Lee Husfloen-aye. Ordinance Amendment 2025-01 Wind Energy Facilities was approved.
Rob Schmidt moved and Dave Berger seconded the motion to waive the formal reading of 2025-02 Battery Energy Storage Systems ordinances. All in favor, none opposed; motion carried.
Rob Schmidt moved and Dave Berger seconded the motion to approve 2025-02 Battery Energy Storage Systems ordinances. A roll call vote was held: Dave Berger-aye, Rob Schmidt-aye, Lee Husfloen-aye. Ordinance Amendment 2025-02 Battery Energy Storage Systems ordinances was approved.
Discussion was held on ordinance work for Solar Facilities and Data Centers.
Sheriff’s Department updates were discussed with Sheriff Dave Hilliard and Chief Deputy Jim Wenning present. The new vehicles are scheduled to arrive in 5-6 weeks. The Oliver County Sheriff’s Department Policy Manual has been read through by Jim Wenning, Patrick Waters and Alice Grinsteinner. Dave Berger moved and Rob Schmidt seconded the motion to approve the Oliver County Sheriff’s Department Policy Manual. All in favor, none opposed; motion carried. Discussion was held on the county impound. Lee Husfloen stated it should be cleaned up. Dave Hilliard stated they are working on a sheriff’s sale to clear it out. Discussion was held on department staffing. The grant was applied for and hope to hearing at the beginning of October. There is an individual interested if the Commission would move to adding a 4th deputy. No action was taken.
Election updates were given by Jaden Schmidt, Auditor. A draft joint powers agreement as presented from Burleigh and Cass County. A JPA will need to be executed with the city and schools wishing to put their contests on the ballot in 2026. The request is for the Commission to consider the two drafts and decide which route to take. No action taken. The county is currently classified as a vote by mail county, which requires the Auditor’s office to mail out absentee applications to all active voters in Oliver County. With the rising costs of postage, printing and other related items, the county could move to become a regular absentee county, which still allows for absentee ballots, but the requirement of mailing applications out automatically would be eliminated. This would potentially be a cost savings to the county. No action was taken at this time. Discussion was held on voting precincts and polling locations. Currently the Courthouse is the only polling location. It has worked well the last several elections and the Auditor’s office is present to address and issues with equipment and concerns. There is currently 1 voting precinct in the county and at this time, the Commission is requested to look into keeping it at 1 precinct or moving to multiple again. No action was taken at this time.
Rob Schmidt moved and Dave Berger seconded the motion to enter into Opioid Settlements with Purdue and Secondary Manufacturers. All in favor, none opposed; motion carried.
Portfolio reports were given. Dave Berger has attended Coal Conversion, RDC and Lewis & Clark meetings in the last couple of weeks. Rob Schmidt stated there are no updates for his portfolio. Lee Husfloen discussed the weed board.
Brian Letzring has resigned as chair and board member. One application was submitted previously. Dave Berger inquired why the county needs 5 weed board members. The position will be advertised for two weeks prior to the next Commission meeting for applicants.
There is a VisionWest ND workshop on the 29th of October. Dave Berger expressed interested in attending.
Rob Schmidt moved and Dave Berger seconded the motion to move into Executive Session to discuss pending or reasonably predictable litigation. All in favor, none opposed; motion carried.
The Commission moved into executive session at 4:00 pm.
The regular session was called back into session at 4:32 pm.
Lee Husfloen, Chair, stated that legal advice was sought from the special assistant State’s Attorney during the executive session. No final action was taken and no final decisions were made.
The meeting was adjourned at 4:33 pm.
The next meeting of the Oliver County Commission will be at 9:00 AM, October 7th, 2025 at the Oliver County Courthouse meeting room.
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Jaden Schmidt, Oliver County Auditor Lee Husfloen, Chairman of the Board