Matt Foucault, T-Mobile, made a presentation to the Commission.

 

Portfolio and Board assignments were discussed. Lee Husfloen moved and Dave Berger seconded the motion to approve the assigned boards and portfolios as follows. All in favor, none opposed; motion carried.

Portfolios
Dave	Lee	Rob
Auditor	Supt of Schools	Clerk of Court
P&Z	Treasurer	Human Resources
Tax/EQ	Extension	Emergency Services
Risk Manager	Janitor	Veterans Services
County Roads	Human Services	States Attorney
Courthouse (Building)		Sheriff
		Recorder
		Weed Control
Boards
Dave	Lee	Rob
LEPC	West Dakota Human Servces	Emergency Services
Coal Conversion Counties	Solid Waste Management
JDA	Land Reclamation
Lewis & Clark Regional Development	Dakota Prairie RCND
	Dakota Central Human Services

 

 

Lee Husfloen moved and Dave Berger seconded the motion to approve Security First Bank of ND as the County Depository. All in favor, none opposed; motion carried.

 

The Pledge Analysis was handed out to the Commissioners.

 

Lee Husfloen moved and Dave Berger seconded the motion to approve Resolution 2026-1; BE IT HEREBY RESOLVED that the Oliver County Commission requests that the North Dakota Highway Patrol monitors Oliver County roads. All in favor, none opposed; motion carried. 

 

Discussion was held on the quote for Westlaw for the State’s Attorney office. Dave Berger moved and Lee Husfloen seconded the motion to approve the quote with Westlaw for $543.96 per month for a one-year term. All in favor, none opposed; motion carried.

 

Discussion was held on iPads for the Commissioners. Jamie Nelson, Computer Express, provided quotes for iPad options to allow the Commission to obtain the documents given at each meeting digitally versus paper. Dave Berger moved and Lee Husfloen seconded the motion to approve the option 1 quote for an 11-inch Apple iPad for $389.95 each and a Magic Keyboard Folio for $229.00 each for each Commissioner. All in favor, none opposed; motion carried.

 

Discussion was held on work being done by Denny’s Electric on the Courthouse Generator. The company will come on January 19-20 to do the work.

 

Sheriff’s Department updates were given. Bid opening for the Sheriff’s boat took place. Bids received were from Lane Dahl for $1527 and from Bill Van Oosting for $1400. Dave Berger moved and Lee Husfloen seconded the motion to accept the bid from Lane Dahl for the Sheriff’s Boat, a 20’ Boston Whaler w/ 150 Mercury Outboard Engine as well as the spare boat in the Sheriff’s lot for parts. All in favor, none opposed; motion carried.

 

Discussion was held on the weights and scales in Kidder County. Jim Wenning, Chief Deputy, was informed that the scales Kidder County had for sale dropped to $20,000. Discussion was held on options of purchasing the scales and hiring a weights and scales officer. A new officer would need training, but there is option to hire someone who is already trained. Lee Husfloen, Commissioner, stated that it is the job of the Commission to manage the county budget and control spending. A fifth officer would add approximately $200,000 and possibly only make $40,000. Husfloen believes the decision should be placed on hold until the county hears information on the COPS grant and not to spend money. LoadPass permitting is in place and has worked well, however, it still has some issues with companies not obtaining permits.

 

Updates were given by Sheriff Hilliard on the 2025 Task Force.

 

Discussion was held on the Written Findings from OverPass Approval for BNI. BNI provided suggested findings for the County to consider, but if the County does not make any, the PSC will.

 

Brian Dresser, landowner, read a letter from his attorney and requested the Commission rescind the motion from the August 2025 meeting approving the Overpass project from BNI.

 

Patrick Waters, States Attorney, provided his opinion to the Commission, advising the county remove themselves from the issue, as it could amount to a constitutional taking of land and recommended the Commission rescind the motion from the August 12^th meeting. Lee Husfloen moved and Dave Berger seconded the motion to rescind the motion as was passed from the August 12^th, 2025 meeting, with the rescinded motion as follows;

 

WHEREAS, BNI Coal, LTD. desires to build a haul road between its coal mine expansion and the existing coal facilities which requires the crossing of Oliver County Road No. 37;

WHERAS, BNI Coal, LTD has worked with the County Engineer and has held multiple meetings with stakeholders to consider the safest and most efficient means of construction such crossing and has developed a proposal for the construction of an overpass on County Road No. 37 over the haul road to be constructed;

WHEREAS, the County has reviewed proposed plans and specifications for the construction of an overpass on County Road 37; and

WHEREAS, the County Engineer has submitted these plans to the Commission and may recommend minor revisions to ensure the project meets all safety, design, and regulatory standards; and

WHEREAS, the proposed Overpass Development Agreement have been prepared to set forth the responsibilities of all parties during the construction and use of the overpass; and

WHEREAS, N.D.C.C. Sections 38-01-07.1 and 38-14.1-07 require the approval of the County Commission to temporarily close or relocate a county road and conduct coal mining operations within 100 feet of the outside right-of-way line of any public road; and construction of the overpass will include a temporary bypass road, the installation of the overpass and haul road, and various other coal mining operations, including the installation of water retention ponds within 100 feet of the right-of-way;

WHEREAS, BNI Coal, LTD. has submitted a Petition permitting surface coal mining operations within 100 feet of the outside right-of-way of certain public roads;

WHEREAS, the Commission finds that the overpass project will improve public safety, traffic flow, and transportation infrastructure for the County while permitting BNI Coal LTD to continue its coal mining activities;

NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Oliver County that:

1. The construction plans for the County Road 37 overpass are approved, together with any minor revisions as recommended by the County Engineer.
2. The Overpass Development Agreement as presented, is approved, with any minor modifications as may be necessary to carry out the intent of the agreements.
3. The Petition submitted by BNI Coal, LTD is approved and BNI Coal, LTD is authorized to temporarily close or relocate such portions of the county road therein described and to conduct coal mining operations within 100 feet of the outside right-of-way line of the public roads therein described.
4. The Chair of the County Commission, is authorized to sign all documents and take any actions needed to carry out this project.

All in favor, none opposed; the above motion from the August 12^th, 2025 meeting was rescinded as worded.

Jim Jackson, Moore Engineering, was presented to provide an update on grants. The Flex Fund grant for the 36^th Ave SW road project was submitted and is awaiting final decision. The county-wide chip seal project was discussed. The contract has been sent to the DOT after obtaining signatures from the county. Moore Engineering would like to work on completing a Capital Improvement Plan (CIP) for the county, with options and ideas for future road project. The CIP would be beneficial for future grant programs as the DOT wants to see high dollar future needs and projects.

Kenny Rude, Road Superintendent, provided road department updates. Discussion was held on unused vacation for Marvin Pfliger. Due to miscommunication, Marvin had some carryover hours at the end of the year and needs approval for an extension to use them into the new year. Discussion was held and it was decided to contact HR Alice Grinsteinner and final approval will take place at the February 10^th meeting.

An equipment list was presented of items that are unused or not usable. Discussion was held on option, such as putting out on bids or trading in. Kenny Rude will compile a list of suggestions for the next meeting.

Discussion was held on the Road Superintendent bonus policy. Dave Berger moved and Lee Husfloen approved the change of wording for approval from the direct supervisor to the portfolio holder and to approve payment of the December overtime hours for Kenny Rude. All in favor, none opposed; motion carried.

The Joint Powers Agreements for Oliver County and Mercer County Emergency Manager and Human Resources. Lee Husfloen moved and Dave Berger seconded the motion to approve the JPAs for Emergency Manager and Human Resources as presented. All in favor, none opposed; motion carried.

The meeting was adjourned at 2:55 pm.

The next meeting of the Oliver County Commission will be at 1:00 PM, February 10^th, 2026 at the Oliver County Courthouse meeting room.

 

_________________________________                    _________________________________

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