August 12th, 2025
OLIVER COUNTY COMMISSION PROCEEDINGS were called to order at 1:00 PM with all members present.
The Pledge of Allegiance was recited.
ob 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 Jul 8th, July 16th, July 29th and August 7th, 2025 meetings. All in favor, none opposed; motion carried.
Rb Schmidt moved and Dave 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 Dave Berger, aye, Rob Schmidt, aye, Lee Husfloen, aye. Motion carried.
Allstate Peterbilt-397.14
Beulah Beacon-50.00
Capfirst Equipment Finance-104010.06
Capital Trophy-69.12
Center Republican-402.42
Centre Inc-960.00
Computer Express-150.00
Mark Dagley-2435.00
Electro Watchman-1866.01
Electronic Communications-1110.00
Scott Funk-400.00
Bryce Hufford-1260.00
Lee Husfloen-188.30
I-State Truck Center-82.31
ITD-1104.10
K&M Repair-109.97
Jean Kautzman-1267.50
Mercer County Sheriff-225.00
ND Dept of Environmental Quality-315.00
NDACS-50.00
HR Collaborative-50.00
NDSU Extension Service-9996.72
North Central International-10257.54
Peggy’s Homemade Catering-800.00
Quadient Finance-200.00
Rath & Mehrer-17000.00
Robert Gibb & Sons-540.00
Rud Oil & Gas-3160.68
Hobbs Inc-11222.00
Mercer County Human Resources-2080.36
Keith Vitek-357.50
S&M Lawn Service-3261.50
Saber Shred Solutions-1322.60
Scheels-52.96
Richard Schmidt-484.40
Robert Schmidt-70.00
SRF Consulting Group-5096.44
Statewide services-125.00
UGPTI|NDLTAP-500.00
Uniform Center-297.87
Western Dakota Energy Association-750.00
NDACO Resources Group-819.72
Dacotah Paper-796.12
The following bills previously paid were approved:
Aflac-387.12
AT&T Mobility-456.41
Beulah Rural Fire Dist-17.82
Beulah School District-2907.91
Jared Borlaug-57.03
CapFirst Equipment Finance-35370.80
Center-Stanton School-778.14
Center Park District-16.47
City of Center-1918.73
Colonial Life-672.90
Cale Ferderer-300.00
Fidelity Security-70.16
Keith Grosz-55.95
Justin Klein-71.50
Liberty Business Systems-1153.66
MDU-2097.52
Mercer County Ambulance-61.95
Morton County Auditor-90.97
Morton County Council on Aging-158.08
Morton County Sheriff-45.00
Nationwide Retirement-3001.50
ND State Treasurer-79.04
New Salem-Almont School-3747.33
New Salem Ambulance-373.31
New Salem Rural Fire-170.72
Oliver County Ambulance-251.53
Oliver County Historical Society-13.84
Oliver County Rural Fire-38.88
Oliver County Soil Conservation-197.59
Oliver County Treasurer-1318.63
Oliver County Water Resource-34.28
Roughrider Electric-197.35
Security First Bank of ND-88308.57
SW Water Authority-105.14
TransTrash-420.00
True North Steel-105653.04
Verizon Wireless-55.04
VISA-4212.79
Washburn Rural Ambulance-47.12
Jerry Weber-551.24
John Weinand-62.25
James Wenning-1001.40
WRT-692.54
Western Plains Public Health-271.88
Payroll-134788.70
Linda Nelson, Risk Manager, discussed rabies vaccines for the Sheriff’s Department. It was recommended to discuss this with the department.
Brent Eckstrom, Lewis & Clark Regional Development Executive Director, discussed updates. Several grants for local development are available.
Jonathan Fortner, Lignite Energy Council, provided information and updates on the Lignite Energy Council and the coal industry.
The Commission entered into a recess at 1:56 pm.
The Oliver County Park Board was called to order by Daryl Heid at 1:57 pm. There were two requests for funding. The Oliver County Fair Board requested $1000 for toilets for the fair and the Center Parks & Rec requested $1000 for items. Dave Berger moved and Rob Schmidt seconded the motion to approve $500 to the Oliver County Fair Board and $500 to the Center Parks & Rec. All in favor, none opposed; motion carried.
The Oliver County Park Board meeting was adjourned at 2:00 pm.
The County Commission meeting was called back into session at 2:01 pm.
Allison Ritter, Western Dakota Energy Association Executive Direct, introduced herself to the Commission and presented information.
BNI was presented to discuss the 37th Ave SW Overpass project. Greg Petrick, BNI, presented a request for approval of the overpass project. Commissioner Dave Berger, discussed working with the landowners. A letter from Brian Dresser was read to the Commission regarding obtaining easements from private landowners.
Mike Heger, President of BNI Coal, was present to request permission to construct the overpass.
Rob Schmidt moved and Lee Husfloen seconded the following motion to approve the construction plans and overpass development agreement and right of way work within 100’ of the right of way;
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:
- The construction plans for the County Road 37 overpass are approved, together with any minor revisions as recommended by the County Engineer.
- The Overpass Development Agreement as presented, is approved, with any minor modifications as may be necessary to carry out the intent of the agreements.
- 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.
- The Chair of the County Commission, is authorized to sign all documents and take any actions needed to carry out this project.
A Roll Call voted was held: Rob Schmidt-Aye, Dave Berger-Nay, Lee Husfloen-Aye. The motion carried.
A road use and maintenance agreement will be followed up on at another meeting.
Janice Isaak, resident, was present to discuss road concerns and dust suppression on 33rd Ave SW.
Rob Schmidt moved and Dave Berger seconded the motion to approve Highway Utility Permits for WRT and Roughrider. All in favor, none opposed; motion carried.
A letter was presented from NDDEQ. Patrick Waters, State’s Attorney, will respond to the letter.
NextEra presented an amendment to the Road Use and Maintenance Agreement regarding post-construction inventory. Dave Berger moved and Rob Schmidt seconded the motion to approve the amendment of Section 2 of the Road Use and Maintenance agreement with the following: “Wind Operator shall pay the County the sum of $113,000.00, which represents payment for the County to complete the final repair and improvement necessary to return the roads to a pre-construction condition. Once payment is made to the County, Wind Operator shall have no further Road repair, improvement, or payment obligation to the County. Such payment shall be made within thirty (30) days after the Amendment Effective Date.”, with the added stipulation that the oversized approach that was left be removed by NextEra if the landowners do not want it. All in favor, none opposed; motion carried.
Rob Schmidt moved and Dave Berger seconded the motion to approve the advertisement and acceptance of bids for the CASE TV450B Skid Steer, which will be sold “as is” with known damages with a minimum bid of $20,000 and a waiver/release must be signed by the winning bidder. All in favor, none opposed; motion carried.
The Chip Seal project from Moore Engineering was discussed. Dave Berger moved and Rob Schmidt seconded the motion to pay the invoice from Moore Engineering for this project out of the Prairie Dog fund. All in favor, none opposed; motion carried.
Discussion was held on the damaged post hole digger that was lent to the county by Kyle Miller. Kyle Miller contacted Commissioner Rob Schmidt about getting it replaced. Patrick Waters, State’s Attorney, gave the legal opinion that the county should not pay any amount or replace the equipment. No action was taken.
Discussion was held on other county road business; the new fuel tank is installed, the county needs to mow the area around the radio tower and the county shop will be installing and replacing the furnaces in the shop with two new hanging furnaces from Menards for around $1600.
Building Permit #1070 for Kirk and Linda Maize to build a deck and garden shed within the S ½ of the SE ¼ of Section 20, 142-87 was presented. Rob Schmidt moved and Dave Berger seconded the motion. A Roll Call vote was held: Rob Schmidt-Aye, Dave Berger-Aye, Lee Husfloen-Aye.
Discussion on a request from the ND Geological Survey to dig test holes for coal and rare earth minerals on ND State Trust Lands. The NDGS is requesting information on permit requirements for test holes. The Commission discussed the requirements and found that no permits are required for this type of work.
Discussion was held on current Ordinance Draft work. Due to issues with the local paper and hearing notices left out of the paper on the second week, the hearings for Wind Energy Facilities Ordinances and Battery Energy Storage Systems Ordinances will be held on August 28th, 2025. Ordinance work will begin on Solar Facilities and Data Centers and Cryptocurrency Mining Facilities as well.
Discussion on the current Ordinance penalties was presented by Patrick Waters, State’s Attorney. Due to the county not being a home rule county, the enforcement mechanism for criminal enforcement is not possible. The county has the option to strike the current enforcement and penalties or, a citizen can file a civil complaint or the commission can direct the State’s Attorney to send communication to a violator.
There is a current situation with Allete and Bison Wind in the county that has brought up a violation of the ordinance. The County Commission will make contact with Allete and have a discussion with them prior to taking any action. Any action will be tabled until the next meeting and contact has been made.
The Oliver County Fair Board has requested removal of dirt piles on the north end of the fairgrounds and is asking if the County Road Department would have use for them. Kenny Rude, Road Superintendent will have the piles removed and use them.
The Youthworks agreement was presented to the Commission. There is an increase from $1700 per year to $1802 per year. Rob Schmidt moved and Dave Berger seconded the motion to enter into the Youthworks agreement. All in favor, none opposed; motion carried.
Discussion was held on the City/County Joint Powers Agreement for Police Service. The Commission is requesting a joint meeting to be held before the end of the year for discussion.
Discussion was held on the need for another deputy due to work load concerns. There are budget concerns about increasing staff. There is a grant that has been applied for that could alleviate costs for three years and cover the cost of a full-time employee for that time frame. No action was taken at this time.
Dave Berger moved and Rob Schmidt seconded the motion to request an increase of the total credit card limit for the county from $25,000 to $30,000 and increase the individual limit on the Sheriff’s Department cards (Dave Hilliard, Cale Ferderer, James Wenning) to $5000 each. All in favor, none opposed; motion carried.
A letter from BNI was presented to the Commission informing them of a donation made to the Sheriff’s Department of $5,000 for equipment in the new Sheriff’s vehicles.
Discussion on Election JPA’s was tabled.
Discussion was held on P-Cards through Rud Oil. Dave Berger moved and Rob Schmidt seconded the motion to approve the county getting P-Cards through Rud Oil. All in favor, none opposed; motion carried.
Discussion was held on moving the October 9th meeting. The meeting will be moved to October 7th at 9 am.
Discussion was held on attendance at the WDEA Annual meeting. Dave Berger, Lee Husfloen and Jaden Schmidt will attend. Rob Schmidt may also attend.
Dave Berger moved and Rob Schmidt seconded the motion to approve the purchase of a Synology NAS Backup for $1,483 and a Yearly iDrive Backup License for $149.95 per year for the Auditor, Treasurer and Tax Equalization servers. This will allow for more local and offsite backup to keep the county’s data safe. All in favor, none opposed; motion carried.
The Audit Report from Rath and Mehrer was handed out. The County passed the audit for the 2023-2024 years.
Discussion on Opioid Settlement was tabled.
Discussion on NDIRN was tabled.
Dave Berger moved and Rob Schmidt seconded the motion to approve the quote for work done to the wiring to the Courthouse shed from Empower Electric for $1,868. All in favor, none opposed; motion carried.
BNI Permit Renewal handouts from the PSC were given.
Kyle Larson, Minnesota Power was present to give an update on the HVDC project. Equipment will be mobilized soon.
An update was given on the Comprehensive Plan.
The meeting was adjourned at 5:03 pm.
The next meeting of the Oliver County Commission will be at 1:00 PM, September 11th, 2025 at the Oliver County Courthouse meeting room.
_________________________________ _________________________________
Jaden Schmidt, Oliver County Auditor Lee Husfloen, Chairman of the Board