August 1st, 2024
OLIVER COUNTY COMMISSION PROCEEDINGS were called to order at 8:00 AM with all members present.
Blake Wilkens moved and Darrell Berger seconded the motion to approve the agenda. All in favor, none opposed; motion carried.
Blake Wilkens moved and Darrell Berger seconded the motion to approve the minutes of the July 2nd, 12th, and 23rd meetings. All in favor, none opposed; motion carried.
Blake Wilkens moved and Darrell 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 Darrell Berger, aye, Blake Wilkens aye, Lee Husfloen, aye. Motion carried.
Allstate Peterbilt-422.80
Darrell Berger-833.48
Butler Machinery-12850.22
CapFirst Equipment Finance-123865.66
Capital One Trade Credit-78.91
Centre Inc-960.00
Computer Express-1100.00
Mark Dagley-510.00
Dakota Business Solutions-253.99
Deere Credit, Inc-527.81
DOT-362.33
Essentia Health-588.00
Farm & Home Supply-250.89
I-State Truck Center-13.66
ITD-809.90
NDACO Resources-650.72
Office of Adjutant General-120.00
Quadient Finance-200.00
Robert Gibb & Sons-563.38
Jaden Schmidt-627.70
Stein’s Inc-757.84
Vanguard Appraisals-1600.00
Vanguard Appraisals-5050.00
Keith Vitek-250.00
Twin City Roofing-484.00
Sakakawea Medical Center-578.98
Matthew Bender-243.04
Rick Schmidt-241.87
Menards-549.12
Center Republican-411.64
Rud Oil-17137.65
NDSU Extension-9800.74
Johnson Trailer Sales-42.23
The following bills previously paid were approved:
Aflac-426.50
Center Park District-67.68
Center-Stanton School-5280.37
James Christoff-49.12
City of Center-2489.51
Colonial Life Premium Processing-492.13
Companion Life Insurance-448.58
Cale Ferderer-300.00
Fidelity Security Life Insurance-70.16
Hazen Rural Fire District-77.25
Hazen School District-643.66
Jean Kautzman-1202.78
Liberty Business Systems-509.02
Lucky’s Towing-475.00
Marco Technologies-191.32
MDU-1241.25
Mercer County Ambulance-107.29
Morton County Auditor-505.59
Morton County Council on Aging-149.74
Nationwide Retirement-2066.00
ND State Treasurer-74.87
NDAAO-225.00
New Salem-Almont School-850.01
New Salem Ambulance-97.04
New Salem Rural Fire-40.97
Oliver County Ambulance-432.75
Oliver County Historical Society-18.72
Oliver County Rural Fire-267.99
Oliver Soil Conservation District-182.91
Oliver County Treasurer-2131.58
Oliver County Water Resource District-44.82
Red Top Recovery-370.00
Roughrider Electric-130.23
Security First Bank-37277.61
Alysia Staigle-44.74
SW Water-62.44
TransTrash-420.00
VanGuard Appraisals-1075.00
Verizon Wireless-370.21
VISA-2511.16
Washburn Rural Ambulance-81.43
WRT-1021.92
Western Plains Public Health-257.84
Brent Eckstrom, Lewis & Clark Development Council, spoke to the Commission. He discussed the Regional Livestock Development & Planning Grant Program. It is for assisting counties for livestock development planning. It does not cost the county, but a resolution is required for a county to participate.
The County Budget Hearing has been set for September 26th at 8 AM.
Two Highway Utility Permits from WRT were presented. Darrell Berger moved and Blake Wilkens seconded the motion to approve the HUPs from WRT. All in favor, none opposed; motion carried.
Discussion was held on the Joint Police Agreement with the City of Center. The joint meeting to discuss the agreement with the city council will be on August 5th. Patrick Waters has been looking at data for dollar requests.
There was discussion on the preliminary budget.
Jaden Schmidt and Patricia Koapke presented Planning & Zoning updates.
Corey Hintz, Chair, resigned his position on the Planning & Zoning Board effective immediately, as of 4:45 PM, July 25th. There is now an open spot on the board. Resident Cassie Smith expressed interest in serving on the board. Darrell Berger moved and Blake Wilkens seconded the motion to appoint Cassie Smith to the Planning & Zoning Board. All in favor, none opposed; motion carried.
Discussion was held on the FOIA request. It has been requested that all board members comply with the records request.
Building Permit #1040 for Blattner Energy was presented. The permit is for 3 MET towers within the NextEra Wind Turbine project area. Darrell Berger moved and Blake Wilkens seconded the motion to approve Building Permit #1040. All in favor, none opposed; motion carried.
Ordinance Amendment 2024-02 for addition to the Zoning Ordinance of CO2 Sequestration Facilities was presented.
Jeff Skaare and Jay Volk, Summit Carbon Solutions representatives were present. They provided a binder of information. Jeff Skaare discussed where in NDCC or NDAC addresses portions of the current amendment.
Jeff Skaare stated that the ordinance is disruptive and unenforceable.
Patrick Waters asked a question of how local responders are being communicated with to see how they should be responding to events. Jay Volk responded to the question, stating that he has met with the local Emergency Manager on different items.
Training takes place in Texas, but there is the option for annual training that is provided by the company and brought to the county.
Jeff Skaare stated that plans are not finished to provide to the Emergency Manager, stating “You can’t read the back of the book first.” There is no permit approval in North Dakota, so the Emergency plan is still in process.
Dave Berger, Oliver County resident, stated he spoke with the Williams County Auditor, saying their county ordinance is more strict than Oliver County. This amendment is here to protect the people.
Carlee McLeod, Minnkota Power, stated that Minnkota is opposed to the ordinance. She stated that if passed, it will be a challenge to Minnkota. Project Tundra is a lifeline to the plant, stating that they will make the best of the challenge if there, but they wish to make Project Tundra a reality, as it is a benefit to their member-owners.
Kurt Swenson, Oliver County resident, addressed concerns that had been brought up. He stated that he hasn’t heard discussion from the Commission about the citizens of the county, but only about the businesses in or coming in to the county. Swenson discussion the Oliver County Comprehensive Plan, stating that it’s goal is to preserve Ag Land and not become a dumping ground for unwanted uses elsewhere. He stated that it is easy to say things but it’s a whole other thing to get it in writing, meaning it may be good intentions but without it in writing there’s no certainty. Kurt Swenson stated that he would like to address the comment from Jeff Skaare about the ordinance being a disruption. Swenson stated that is should be the county’s responsibility to provide rules and make sure that what is being done or proposed is done in harmony with agriculture. Swenson also stated the Oliver County is a home rule county and still maintains control over many aspects of zoning regulations. He stated that the county should define what we want in regards to safety, wondering if the facility is going to impact citizens, residents, etc. Swenson also addressed the regulation of the NDIC. The NDIC is more concern with the safety of water, due to the entity having to follow the Clean Water Rules, and not on the above ground facilities. Swenson stated that a safety plan provided to the volunteer first responders is necessary.
Joe Swenson, Oliver County resident, is strongly asking the Commissioners to consider the consequences of today but also tomorrow. He supports development, but wants responsible development. There is nothing prohibitive in the ordinance. He stated that this is the right thing to do and supports the amendment.
Patricia Koapke read letters from Kurt, Linda & Allen Maize, Oliver County residents, Cassie and Gary Smith, Oliver County resident, Mikael Schmidt, Oliver County resident. These letters are on record and have been attached to the minutes.
Patricia Koapke, Oliver County resident, addressed the safety concerns of residents and those passing through. As an ambulance volunteer, she wants assurance of a safety plan so she is able to come home to her family.
Dave Berger, Oliver County resident, asked if there was anything within the ordinance that would stop projects that are proposed in the county.
Carlee McLeod, Minnkota, stated that it poses enough risk that Minnkota opposes it, although it could or could not stop Project Tundra, they just don’t know, and that’s the problem.
Jeff Skaare, Summit, stated that the rules the ordinance has within it are already covered by the state. He also stated that fear isn’t a reason to pass an ordinance. It can create long term fiscal risk to projects. He stated that it is nothing they cannot comply with, but stated it’s another attempt to add another layer of control that already exists.
Skaare stated that if there are issues with the weed control plan, the weed board can call or write a letter to the PSC if there are issues.
Lee Huslfoen, Commission Chair, stated that organized protests have occurred in Oliver County during all areas of development. He stated that if the ordinance is approved, the county should expect legal action. He believes the ordinance is in violation of state law.
Conflicts of Interest were addressed and discussed. Darrell Berger stated he had no conflict. Lee Husfloen stated he had no conflict. Blake Wilkens stated he had no conflict.
Blake Wilkens moved and Lee Husfloen seconded the motion to reject Ordinance Amendment 2024-02. A roll call vote was held; Blake Wilkens -Aye, Darrell Berger-Nay, Lee Husfloen – Aye. The ordinance amendment was rejected.
Kyle Miller discussed road issues. Gerald Wagner, Sanger resident, requested gravel for a stretch of road. Kyle will look into options.
Greg Petrik-BNI, stated that Moore Engineering will begin design plans for the road along the new mine area. There will be several public meetings to discuss the plans.
Petrik also invited the Commissioners to a celebration on September 13th that is to acknowledge the relationship with BNI and Minnkota.
Discussion was held on noise issues in the Hensler area caused by ai brakes. Kyle will look into putting a sign up that states no engine brakes.
Kyle Miller will begin checking gravel spots later in the fall, as he can’t now due to farming.
Discussion was held on an accident involving a county gravel truck that was rear-ended by a resident. Insurance and Sheriff’s report is being looked into.
Jim Jackson, Moore Engineering, discussed a contract Moore has with NDACO and NDSU to put together a summary of funding options for counties that can be used for road projects.
Darrell Berger moved and Blake Wilkens seconded the motion to approve the preliminary 2025 budget. All in favor, none opposed; motion carried.
The meeting adjourned at 11:47 AM.
The next meeting of the Oliver County Commission will be at 8:00 AM, Thursday, September 5th, 2024 at the Oliver County Courthouse meeting room.
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Jaden Schmidt, Oliver County Auditor Lee Husfloen, Chairman of the Board