June 4th, 2025
OLIVER COUNTY COMMISSION PROCEEDINGS were called to order at 1:00 PM with all members present.
Discussion was held on the current and new county retirement plans. All new employees must enroll in North Dakota Public Employees Retirement System (NDPERS). The Main and Main 2020 plan is the current plan for those employees hired before 2025. Oliver County contributes the first 16.14%, the employee contributes .12% of regular wages. The DC 2025 plan is the official retirement plan for new hires first enrolled in NDPERS retirement on or after January 1, 2025. This plan mandates an employee contribution of 4%, employer mandatory contribution of 5.26%. Employees are eligible up to a 3% Employer match of their gross salary into this plan.
Rob Schmidt moved and Dave Berger seconded the motion to approve the following Employer/Employee contributions.
The County contributes both the Mandatory 4% of Employee and 5.26% Employer, a total of 9.26% If the employee chooses to do up to 3% contribution to the DC 2025 plan or Deferred Comp Plan, the County does the required match up to 3%. The most the county would contribute to the new plan would 12.26%. For the Main/Main 2020 plans, the County contributes the .12% current employees on the plans prior to 2025 for a total of 16.26% employer/employee contributions. All in favor, none opposed; motion carried.
The hearing for BNI’s Work within 100’ of the right of way hearing was opened.
Greg Petrick, BNI, presented the request for the corridor along 37th Ave SW for BNI to work within 100’ of the county right of way along the West side of the road. BNI currently has permission to work within 100’ of the right of way on the East side. Permission to work within 100’ of the right of way is needed to construct the proposed overpass and to do mine operations.
Dave Berger, Commissioner, stated that he is currently opposed to the request.
Patrick Waters, State’s Attorney, asked why BNI brought the request today if they cannot do any work right away.
Greg Petrick, BNI, stated that it is checking a box off on their list of needs to begin the next step.
Lee Husfloen, Commissioner, asked what authority the PSC has over the overpass project.
Greg Petrick, BNI, stated that the county has jurisdiction as it has to do with the county roads.
Kate Kolden, BNI, stated that the request for permission to work within 100’ of the right of way is also for working on other parts of the mining operations, such as sedimentation ponds, and not just for the overpass/haul road work.
Rob Schmidt moved and Dave Berger seconded the motion to table the request for permission to work within 100’ of the right of way until BNI brings more information to the Commissioners on the project.
BNI presented information on the bridge/overpass project. There is no ask for today’s meeting, only information and discussion. Concerns were brought forth by residents about safety concerns with the bridge and the grade that is currently being presented.
BNI and the Commissioners discussed what the next step is for the bridge project. BNI will meet with stakeholders in the county to discuss other possible options for the bridge and the pros and cons of each option.
The meeting was adjourned at 2:47 pm.
The next meeting of the Oliver County Commission will be at 1:00 PM, June 10th, 2025 at the Oliver County Courthouse meeting room.
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Jaden Schmidt, Oliver County Auditor Lee Husfloen, Chairman of the Board