Sheriff’s Department updates were provided. The new vehicle should arrive within a month. Lee Husfloen moved and Dave Berger seconded the motion to upgrade the radio in Deputy Ferderer’s vehicle to be SIRN compatible. All in favor, none opposed; motion arrived. The Oliver County Community Foundation approved the County to receive $5000 from their grant program for the AEDs for the Sheriff’s vehicles. The impound lot will be cleaned out.

 

Discussion was held on the teardown of the March 13^th, 2026 meeting. The Center-Stanton music students helped tear down the meeting. A bill was submitted to the county for $100 to pay them for the work done.

 

Dave Berger moved and Lee Husfloen seconded the motion to approve recognition of Men’s Health Month in June. All in favor, none opposed; motion carried.

 

Lee Husfloen moved and Dave Berger seconded the motion to approve the appointment of Alysia Staigle as Election Inspector. All in favor, none opposed; motion carried.

 

The Clerk of Court Funding agreement was sent to the county for final signatures.

 

A handout was presented from the NDPSC for a meeting notice.

 

BNI was present to discuss the 37^th Avenue Overpass project and request approval on the revision of their plan for the bypass road.

 

Lee Husfloen moved and Rob Schmidt seconded the motion to approve the revision and construction plans and development agreement for the County Road 37^th Ave SW Overpass as presented below:

 

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 37^th Ave SW;

 

WHEREAS, 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 37^th Ave SW 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^th Ave SW 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 has 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 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 Commissions of Oliver Couny that:

 

1.      That the Commission has jurisdiction over the subject matter of the Petition and the road involved.

2.      That the Notice of Hearing on said Petition was duly served and published as required by law.

3.      That the temporary closing of said road does not deprive adjacent landowners access to their property.

4.      That a public benefit exists in temporarily closing said road and that the interests of the public and landowner will be protected.

5.      BNI will be financially responsible for the construction of any and all replacements to private landowner access approaches or routes, to a standard equivalent or better to what existed prior to removal, as determined by the county engineer.

6.      BNI will inform the Commission when the construction of the Overpass is completed at which time the Commission may accept the road for public use.

7.      The construction plans for the County Road 37^th Ave SW overpass are approved, together with any minor revisions as recommended by the County Engineer.

8.      The Overpass Development Agreement, as presented, is approved, with any minor modifications as may be necessary to carry out the intent of the agreements.

9.      BNI and the Commission will enter into a Road Use Agreement prior to construction activities commencing.

10.  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.

11.  The Chair of the County Commission, is authorized to sign all documents and take any actions needed to carry out this project.

 

Discussion was held following the motion. The Bypass will exist for 18 months to two years. A roll call vote was held: Lee Husfloen-Aye, Dave Berger-Aye, Rob Schmidt-Aye. The above motion passed.

 

Bids were opened for county road equipment. Lee Husfloen moved and Dave Berger seconded the motion to accept the highest bid on the equipment, with payment due within two weeks and prior to pickup, which will be between 7 am and 5 pm, Monday through Thursday with the Bill of Sale in hand. High bidder can contact Kenny Rude if alternative arrangements need to be made. All in favor, none opposed; motion carried.

 

Dave Berger moved and Lee Husfloen seconded the motion to approve the Road Superintendent getting a county cell phone. All in favor, none opposed; motion carried.

 

Lee Husfloen moved and Dave Berger seconded the motion to approve the purchase of a post hole pounder for $4200. All in favor, none opposed; motion carried.

 

Dave Berger moved and Lee Husfloen seconded the motion to approve purchase of new cutting edges for $48000. All in favor, none opposed; motion carried.

 

Lee Husfloen moved and Dave Berger seconded the motion to approve the purchase of road safety signs for $4300. All in favor, none opposed; motion carried.

 

Dave Berger moved and Lee Husfloen seconded the motion to place 35 mph speed signs on 31^st Ave. All in favor, none opposed; motion carried.

 

Jim Jackson, Moore Engineering, was present to discussion future projects and the county wide chip seal project.

Discussion was held on culvert issues, recycled asphalt found for the Hensler Road, 2 mile stretch of road from Sanger to Cross Ranch being returned to gravel.

 

Discussion was held on the .55 acre of land near Les Henke’s. From all that has been found, the state has ownership in it.

 

Discussion was held on temporary road workers. 2 temps will be hired. All applicants, including former temps will need to apply for the position by April 21^st.

 

Discussion was held on County Commission districts and how to redraw district lines as well as moving from 3 commissioners to 5 commissioners. Discussion was tabled to the May meeting to discuss and get more information.

 

Discussion was held on the data center ordinances updates.

 

Dave Berger moved and Lee Husfloen seconded the motion to send an estimate and require payment prior to fulfilling the open records request submitted to the county. All in favor, none opposed; motion carried.

 

Dave Berger moved and Lee Husfloen seconded the motion that the Planning & Zoning board will no longer write policy or ordinances.

Discussion and public comments were made by Arlo Bakker, Dan Bueligan, Zoe Henke, Bradley Dahl, Brad Meckle, Greg Maier, Lori Hammer, Shae Brown, Aaron Hintz, Vern Henke, Jodi Hintz, Kristen Henke, Rick Aaser, Dave Porsborg, Jonathan Dagley, Patty Koapke, and Jaidra Dagley.

 

Dave Berger requested that Patty Koapke read a letter that contained the resignation of Dave Berger as County Commissioner, effective immediately. Public comments were made by Kenny Rude, Nathan Dagley, Bradley Dahl and Patrick Waters.

 

Brief discussion was held on the process following the resignation of a County Commissioner, including a notice of interest for the opening. Further discussion was tabled.

 

The meeting was adjourned at 3:19 pm.

 

The next meeting of the Oliver County Commission will be at 1:00 PM, May 12^th, 2026 at the Oliver County Courthouse meeting room.

 

 

_________________________________                    _________________________________

Jaden Schmidt, Oliver County Auditor                         Robert Schmidt, Chairman of the Board