December 12th, 2024

OLIVER COUNTY COMMISSION PROCEEDINGS were called to order at 8:00 AM with all members present.

Dave Berger moved and Rob Schmidt seconded the motion to approve the agenda with the addition of discussion on an Emergency Generator and “good of the county” discussion. All in favor, none opposed; motion carried.

Dave Berger moved and Rob Schmidt seconded the motion to approve the minutes of the November 7th and 22nd meetings. 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-1090.20

Bonnell Aman-700.00

Beulah Beacon-50.00

Butler Machinery-10391.92

Capital One Trade Credit-37.99

Caterpillar Financial Services-41871.93

Center Machine Inc-29.88

Center Republican-340.30

Coal Conversion Counties-1477.00

Computer Express-8543.94

I-State Truck Center-363.53

ITD-911.25

K&M Repair-1062.56

Thomas Kaspari-600.00

Patricia Koapke-442.87

Menards-120.12

Mercer County Highway Dept-6300.00

Mercer County Sheriff’s Dept-75.00

Motion Industries-105.90

NDACO Resources Group-1470.44

NW Tire-8979.92

Quadient Leasing-209.49

Rud Oil & Gas-8665.54

S&M Lawn Service-7106.25

Sirchie Acquisition Company-108.21

The Radar Shop-192.00

The Sidwell company-2099.75

Vanguard Appraisals-2480.00

Keith Vitek-135.00

Blake Wilkens-167.50

The following bills previously paid were approved:

 Aflac-426.50

Yolanda Bittner-12.86

Center-Stanton School-19498.99

Center Park District-235.68

City of Center-4506.29

Colonial Life & Accident-655.32

Companion Life-474.87

Jaidra Dagley-337.26

Deere Credit-527.81

Electrowatchman-1800.83

Fidelity Security Life-70.16

Hazen Rural Fire District-23.35

Hazen School District-293.87

Sigryn Henke-301.08

Sheila Hildebrand-417.66

Liberty Business Systems-1345.04

MDU-2031.22

Mercer County Ambulance-367.13

Mercer County Sheriff Dept-3628.77

Morton County Auditor-297.72

Morton County Council on Aging-478.14

Brenda Nagel-7.50

Nationwide Retirement-2091.00

ND Dept of Trust Lands-6.44

ND State Treasurer-239.07

New Salem-Almont School-1535.81

New Salem Ambulance-178.89

New Salem Rural Fire-72.75

Oliver County Ambulance-1482.86

Oliver County Historical Society-49.85

Oliver County Rural Fire-1009.85

Oliver County Soil Conservation-586.10

Oliver County Treasurer-2325.24

Oliver County Water Resource Dist-143.19

Quadient Finance USA-200.00

Railway Credit Union-14.36

Red Top Recovery-350.00

Roughrider Electric-135.78

Jaden Schmidt-698.01

Sheila Schwalbe-361.38

Security First Bank-105820.99

SW Water Authority-124.87

Taylor Print Impressions-1021.45

TransTrash-515.00

Verizon Wireless-740.54

VISA-7516.33

Washburn Rural Ambulance-278.76

Washburn Rural Fire-57.60

Washburn School Dist-1318.97

WRT-755.35

Western Plains Public Health-823.71

Payroll-119586.98

Some Oliver County Weed Board items were discussed. Jaden Schmidt resigned as Secretary/Treasurer and Brittany Price is being considered, as she currently receives 1/5 of her salary paid by the Weed Board. The Weed Board is also requesting the money that was transferred out of the fund in December of 2023 as part of the no more than 75% carryover rule, to be transferred back to the Weed Board. No decision was made at the time of the Commission meeting. The Weed Board is also requesting to amend their budget from $3500 to $7000 for Rick Schmidt’s pay as Weed Control Officer. The Commission will look at the budget amendment at the year-end meeting. The Weed Board also requested an increase in board member pay from $45 per meeting to $63 per meeting. The Commission requested data on what other counties currently pay their board members before making a decision. Discussion was also held on the size of the weed board. NDCC states that a weed board can be made up of 3, 5 or 7 members. Currently there are 7 members and discussion was held potentially decreasing the size. No decision was made at the time of the Commission meeting.

 Representatives from Grid United-North Plains Connector, Dinesha Cummings and Terry Traynor, were present to discuss the timeline of the project.

 Kyle Miller, Road Superintendent, discussed road issues. Discussion was held on adding Extended Warranty to the new plow truck. Dave Berger moved and Rob Schmidt seconded the motion to purchase the extended warranty with Freightliner for 7 years/250,000 miles for $6005. All in favor, none opposed; motion carried.

 Discussion was held on the Log Cabin. Kyle Miller and Judy McNulty are looking into it.

 Discussion was held on a county shop employee possibly retiring. Kyle Miller stated he would be looking at hiring. The Commission stated that Alice Grinsteinner, HR, needs to be involved.

 Discussion was held on snow removal at the Courthouse. Currently one of the temporary shop guys comes up to do removal. Keith Vitek was discussed as another option, but wouldn’t be able to do the back parking lot.

 Discussion was held on getting a decal or logo for the county trucks. Jaden Schmidt will bring something to the Commission at the next meeting.

 Gravel concerns were discussed about where the county will get gravel in the future. Kyle is looking into some spots. Rob Schmidt will ask a question of some landowners.

 Delbert Bargmann, landowner, requested that the County Commission close a portion of a section line near his home on 17th St and 47th Ave. He stated that landowners nearby, including Robert Bargmann, Jack Jensen and Mark Albers are all agreeable to the closure. Delbert Bargmann cited concerns for safety being the reason behind the closure, due to heavy traffic caused by the current wind project in that area. Lee Husfloen stated that closing a section line is essentially permanent, as closing the line is easier than re-opening one. Discussion was held on other possible solutions, such as placing a fence across the section line, with a gate and adding signage stating road closed ahead with reflective pieces. Bargmann agreed to try that and would readdress the concern as needed.

Kathy Kitzmann, landowner, discussed safety concerns due to a blind curve in the road leading to her home. Kitzmann stated she requested reflectors a few years ago, but the ones put in are small and easily broken off. She is requesting larger reflectors that can be seen in the snow and at night time. Dave Berger and Kyle Miller will look into it.

The 2025 Commission Calendar was presented. Commission meetings will be the 2nd Thursday of the month. Rob Schmidt moved and Dave Berger seconded the motion to approve the 2025 calendar with meetings in November through April beginning at 1 pm and meetings in May through October beginning at 8 am. All in favor, none opposed; motion carried.

Dave Berger moved and Rob Schmidt seconded the motion to approve the application for a liquor license and the application for a beer license for the Square Butte Creek Golf Course as well as the application for a beer license for the Oliver County Fair Association. All in favor, none opposed; motion carried.

The 2024 Mill Levy sheet was handed out. 

A Commissioner is needing to be appointed to the City Golf Board. This appointment will be revisited at the next meeting.

Rob Schmidt moved and Dave Berger seconded the motion to appoint Dave Berger to the LEPC board. All in favor, none opposed; motion carried.

Discussion was held on the ARPA funds. There is a balance of $206,297.67. A recommendation was brought to the Commission to allow the different departments and offices to bring projects to the Commission for consideration to use the money.

Dave Berger moved and Rob Schmidt seconded the motion to rescind the Fire Ban. All in favor, none opposed; motion carried.

Patrick Waters, State’s Attorney, made the Commission aware that he would be willing to offer his building for sale as a possible option for the Weed Board to use. He will get numbers together and make the Commission aware.

A recess was taken at 9:52 AM. 

The meeting was brought back into session at 10:00 AM.

A Moratorium was presented for Solar projects and Data Centers and Facilities. A letter was presented to the Commission from Minnkota Power, which stated that the company opposes the moratorium. The Planning & Zoning Board passed both moratoriums unanimously.

RESOLUTION 2024-04

A RESOLUTION OF THE COUNTY OF OLIVER, NORTH DAKOTA, TO IMPOSE A MORATORIUM ON THE DEVELOPMENT OF ALL SOLAR ENERGY FACILITIES UNTIL ZONING STANDARDS CAN BE DEVELOPED

WHEREAS, the Board of Commissioners of Oliver County, ND has taken notice of the potential for Oliver County to be identified as a preferred location for the development of solar facilities in the future

WHEREAS, solar energy facilities are a nascent land use in Oliver County, and best practices have not yet been established regarding siting, application protocols, and performance standards for said land use

WHEREAS, the Board of Commissioners of Oliver County, ND finds it necessary to develop a land use code amendment to establish a framework for the evaluation and siting of solar energy facilities, in order to protect the health, safety and general welfare of the citizens of Oliver County

WHEREAS, the Board of Commissioners of Oliver County, ND finds it necessary to impose a moratorium on any and all solar energy facilities, and that the purpose of the moratorium is to allow the County adequate time to conduct research, and develop and adopt standards to guide the development of said land uses

NOW THEREFORE, BE IT RESOLVED by the Board of Commissioners of Oliver County, ND that a moratorium on the development of all solar energy facilities, is adopted, for the period of time necessary to develop and adopt adequate, applicable land use code amendments, and that this resolution shall take effect upon recording and publication.

Adoption of the foregoing Moratorium was moved by Rob Schmidt, seconded by Dave Berger; the following Commission Members voting for: Rob Schmidt, Dave Berger and Lee Husfloen, and none voting against, the Ordinance was approved and duly adopted the 12th day of December, 2024. 

RESOLUTION 2024-05

A RESOLUTION OF THE COUNTY OF OLIVER, NORTH DAKOTA, TO IMPOSE A MORATORIUM ON THE DEVELOPMENT OF ALL DATA CENTER AND CRYPTOCURRENCY MINING FACILITIES UNTIL ZONING STANDARDS CAN BE DEVELOPED

WHEREAS, the Board of Commissioners of Oliver County, ND has taken notice of the potential for Oliver County to be identified as a preferred location for the development of data centers and cryptocurrency mining facilities in the future

WHEREAS, data centers and cryptocurrency mining facilities are a nascent land use in Oliver County, and best practices have not yet been established regarding siting, application protocols, and performance standards for said land use

WHEREAS, the Board of Commissioners of Oliver County, ND finds it necessary to develop a land use code amendment to establish a framework for the evaluation and siting of data centers and cryptocurrency mining facilities, in order to protect the health, safety and general welfare of the citizens of Oliver County

WHEREAS, the Board of Commissioners of Oliver County, ND finds it necessary to impose a moratorium on any and all data centers and cryptocurrency mining facilities, and that the purpose of the moratorium is to allow the County adequate time to conduct research, and develop and adopt standards to guide the development of said land uses

NOW THEREFORE, BE IT RESOLVED by the Board of Commissioners of Oliver County, ND that a moratorium on the development of all data centers and cryptocurrency mining facilities, is adopted, for the period of time necessary to develop and adopt adequate, applicable land use code amendments, and that this resolution shall take effect upon recording and publication.

Adoption of the foregoing Moratorium was moved by Rob Schmidt, seconded by Dave Berger; the following Commission Members voting for: Rob Schmidt, Dave Berger and Lee Husfloen, and none voting against, the Ordinance was approved and duly adopted the 12th day of December, 2024.

Austin Collins and Mikenna McCarvel, ENEL Energy/Flat Rock Wind, were present at the meeting to present information on the Flat Rock Wind project located in Oliver and Morton County. Mikenna McCarvel presented a request from the company, asking that a new fee category be implement for Wind Energy Facilities, allowing for a 20% payment for a CUP application be paid at the time of application and the remaining 80% made at the time of the building application. Discussion was held on the request. It could be a slippery slope, allowing other companies to come in and request similar or other changes to fees. Patty Koapke, P&Z and Tax Equalization, addressed concerns with the request, stating that any request brought like this should go directly to the Commission and not Planning & Zoning, as the P&Z Board would not be able to make that decision. She also stated that the permit application does state that payment is due at the time of application. No action was taken at the time of the meeting, with the Commission citing that the application states payment is due at the time of application. 

Rob Schmidt moved and Dave Berger seconded the motion to approve the use of ARPA funds to pay for the upgrade of SIRN radios. A roll call vote was held; Rob Schmidt-Aye, Dave Berger-Aye and Lee Husfloen-Aye. The motion carried. 

Rob Schmidt moved and Dave Berger seconded the motion to approve the sale of a table in the Auditor’s office for $50. All in favor, none opposed; motion carried. 

Dave Berger discussed items for the “good of the county”. Previously, due to the median income level, Oliver County didn’t qualify for USDA funds, but changes were made so the county does qualify now. Dave Berger also discussed having the shop employees meeting HR. Dave Berger also discussed the shop needing updates and fixing. 

Lee Husfloen discussed an update to the Emergency Generator. Denny’s Heating in Dickinson put a bid in for a new generator at around $35,000. NextEra has stated that may donate $25,000 for that project. 

The meeting was adjourned at 11:46 am.

The next meeting of the Oliver County Commission will be at 1:00 PM, December 30th, 2024 at the Oliver County Courthouse meeting room.

_________________________________                    _________________________________

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