July 2nd, 2024
OLIVER COUNTY COMMISSION PROCEEDINGS were called to order at 8:00 AM with all members present.
Patrick Waters addressed the letter the Commissioners requested to write to County Board members and their duties. He stated he felt that it would be overstepping his bounds as State’s Attorney, as he felt it would seemingly be creating policy and feels that it is improper. Darrell Berger stated he would like to think about it before making a decision on whether or not the letter should be written.
Blake Wilkens moved and Darrell Berger seconded the motion to approve the agenda. All in favor, none opposed; motion carried.
Darrell Berger moved and Blake Wilkens seconded the motion to approve the minutes of the June 6th, 2024 meeting. 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.
Tricia Albers-1200.00
Rebecca Bethke-28.00
Butler Machinery-1065.90
CapFirst Equipment Finance-20840.56
Capital One Trade Credit-30.33
Cole Papers-15.00
Computer Express-1900.00
DOT-201.91
DirectMed-116.44
ES&S-90.61
ITD-809.90
K&M Repair-993.78
Sandy Letzring-160.00
Mickie McNulty-Eide-150.54
NDACO Resources Group-650.72
NW Tire-1700.00
Oliver County Ambulance-157.00
Statewide Services-6698.00
Stein’s Inc-744.49
TrueNorth Steel-17472.76
Tyler Technologies-4706.87
Keith Vitek-300.00
Blake Wilkens-178.89
Security First Bank-28734.94
Center Republican-474.78
Lee Husfloen-113.90
Center Machine-9.96
SD Brand Board-1279.75
Rud Oil-15222.20
Beulah Beacon-75.00
Inland Truck-73.29
The following bills previously paid were approved:
Aflac-426.50
Beulah School District-1732.29
Center-Stanton School District-26857.67
Center Park District-1712.30
City of Center-11429.90
Colonial Life-492.13
Companion Life Insurance-383.34
Emineth Plumbing-2401.20
Janet Fagerland-315.00
Cale Ferderer-300.00
Fidelity Security Life-70.16
Cynthia Frederick-400.74
Rita Giesen-315.00
Hazen Rural Fire-92.91
Hazen School District-1026.63
Sigryn Henke-361.08
Sheila Hildebrand-485.16
Laura Huber-109.85
Liberty Business Systems-509.02
Marco Technologies-191.32
MDU-1262.46
Mercer County Ambulance-531.38
Morton County-418.45
Morton County Council on Aging-666.45
Nationwide Retirement-2066.00
ND State Treasurer-333.22
New Salem-Almont School-1156.60
New Salem Ambulance-139.35
New Salem Rural Fire-57.11
Oliver County Ambulance-2151.76
Oliver County Fair Association-500.00
Oliver County Historical Society-83.30
Oliver County Rural Fire-1417.06
Oliver County Soil Conservation-824.93
Oliver County Treasurer-3553.78
Oliver County Water Resource-199.75
Roughrider Electric-203.31
Jaden Schmidt-264.94
Security First Bank-70160.07
Alysia Staigle-441.46
Stanton Rural Fire-16.90
SW Water-59.85
USPS-716.00
Verizon Wireless-371.35
Washburn Rural Ambulance-403.78
Washburn School District-112.84
WRT-1000.26
Western Plains Public Health-1155.79
Payroll-82665.68
Linda Nelson, Risk Manager, reviewed the Risk Management budget. No increase needed.
Linda Nelson, Weed Control Chair, reviewed the Weed Control budget. A slight change will be the addition of the 1/5 portion of the Extension Administrative Assistant’s health insurance and salary expenses.
Kyle Larson and Dan McCourtney from Minnesota Power presented an HVDC Project information for a future project. The project will be to upgrade the transmission line terminal located north of Minnkota Power. There are constraints on how to get to the project area due to the location of the current substation and landowners. The company will be looking to get section line use approval from the County Commission. The timeline will begin in August of 2024 with a Conditional Use Application, application to the ND PSC and then a late fall 2025 construction start date. Resident Keith Erhardt spoke, stating that he spoke with Myron Erhardt as well, and neither are “excited” about the use of the proposed section line to access the site.
The company stated that the majority of traffic will be during construction. They also stated they would submit a Road Use and Maintenance agreement with the Conditional Use permit.
Dave Hilliard, Sheriff, reviewed the Sheriff’s budget. There will be a slight increase to contract services. The department is also looking to purchase a new vehicle in 2025. Discussion was held that ARPA dollars could be obligated for this purchase. A new deputy, Jim Wenning, was hired, start date of June 30th. Dave also requested the Commission look into switching the law enforcement officers to the new NDPERS plan for LE. The Commissioners will consider, but would like more information in relation to the cost to the county.
Western Plains Public Health held their public budget hearing with Erin Ourada present. Erin stated there will be a $600,000 decrease in federal funding for 2025, but the levy request for Oliver County will decrease in 2025, due to the spread between all counties Western Plains Public Health requests money from.
Patrick Waters, States Attorney, reviewed his budget. Patrick requested an increase in his salary from $45,000 to $63,000 after he looked at different States Attorneys with similar case loads across the state. Patrick also stated that he is not requesting an increase the to the secretarial/clerical salary, as he feels it is currently appropriate.
Larry Orgaard, resident, discussed some road issues. He stated he requested gravel 2 years ago and has not received any for the road that goes by his home. He also stated that the bridge east of his yard needs to be looked at. Larry also asked that he called the county shop 3 weeks ago and left a message for Kyle Miller, but never received a call back.
Discussion was held on insurance for use of the Sheriff’s vehicle. Patrick will look into it.
Greg Petrik, BNI, introduced a new staff member, Ryan Sundsbak. He is thew new environmental manager. Greg also mentioned that BNI will be coming back in the fall to discuss roads.
Rick Schmidt, Extension Agent, reviewed the Extension budget. NDSU determines the administrative salary, in which Oliver County pays half. The Extension Administrative Assistant salary is 4/5, which the other 1/5 is paid for out of the Weed Control budget.
Mickie McNulty-Eide, Recorder/Clerk of Court, reviewed the Recorder/Clerk of Court Budget. There is a slight increase in mileage and motel line items. It was discussed that mileage can be paid for out of the Preservation Fund.
Mickie McNulty-Eide also reviewed the Public Defender Budget. There was no change.
Mickie McNulty-Eide reviewed the Janitor’s budget on Charlotte Eide’s behalf. There was an increase in the supply line item.
Laura Huber, Treasurer, discussed the Treasurer budget.
Laura Huber, Treasurer, discussed the Superintendent of Schools budget. There was no change.
Discussion was held on the NDACO delegate nomination. After consultation, Patrick Waters, States Attorney, stated that the Commission can continue to nominate as they’ve done previously, without following the NDACO State Constitution rule, in which it states “According to the NDACo Constitution, the chairman of the Board of County Commissioners in each county is to call a meeting of all county officials granted membership by the State Council (commissioners, auditor, clerk of court, recorder, sheriff, state’s attorney, treasurer, tax director, county engineer and human service zone directors) to elect, with each person casting one vote, the county’s representative and an alternate (if they so choose) to the State Council. This must be done before September of odd-numbered years.” The Commissioners nominated Lee Husfloen as the NDACO delegate.
Discussion was held on registration to the NDACO conference in October. Blake Wilkens, Lee Husfloen and Darrell Berger requested Jaden Schmidt reserve them each a hotel room for the conference. Each also requested, as well as Patrick Waters, that Jaden Schmidt register them each for the conference.
Discussion was held on the NDACO County Tour. NDACO representatives will be coming on July 25th to tour the courthouse starting at 8 am.
Discussion was held on the joint meeting with the City of Center to discuss the joint agreement for police services with the City. The Commission will meet with the City 1 hour prior to their August 5th meeting.
Patricia Koapke, Tax Equalization Director and Assessor, reviewed the Tax Equalization and Assessor budget. There is an increase request for contract services to account for the new GIS system that is being looked into.
Patricia Koapke, Soils Director, reviewed the Soils budget. There was no change.
Patricia Koapke and Jaden Schmidt, Planning & Zoning, reviewed the Planning & Zoning Budget. There was no change. Discussion was held on Patty becoming a building inspector. It would increase liability and cost to the county if that was done, so for the time being, Patty will not be pursuing this.
Oliver County Ambulance presented a certificate of appreciation to the County Commissioners.
Darrell Berger moved and Blake Wilkens seconded the motion to approve a credit card be opened for Deputy Jim Wenning with a $1000 limit. All in favor, none opposed; motion carried.
The CISA Safe assessment was revisited. It was requested that this be discussed with the NDACO tour coming in.
Discussion was held on the Poll Site Accessibility Assessment. The letter received stated that the tour would be sometime in July or early August.
Building Permit #1041 for Robert Bohrer to move a mobile home on his yard was presented. Darrell Berger moved and Blake Wilkens seconded the motion to approve Building Permit #1041. All in favor, none opposed; motion carried.
Ordinance Amendment #2024-02 was presented to the Commissioners. The Planning & Zoning Board voted on June 27th to recommend approval to the Commission. Letters were given to the Commissioners from residents (attached). States Attorney Patrick Waters raised an issue with the ordinance, stating that there was not a quorum of votes to properly pass the ordinance.
Previous discussion held led the board to believe that a quorum was only required to call a meeting to order, but not to hold a vote. Waters stated that that was not the case. He stated that the ordinance must be sent back to Planning & Zoning to be properly voted on. Darrell Berger moved and Blake Wilkens seconded the motion to send the ordinance back to Planning & Zoning. A roll call vote was held with all members voting Aye.
Discussion was held on issues with Planning & Zoning and the large number of conflicts of interest on the board.
Robert Bohrer, Oliver County resident, addressed the Commission. He stated he was present at the Planning & Zoning meetings and addressed the conflicts of interest issues. He stated that if a board member has a clear conflict, they should be recusing themselves, because they cannot properly vote on something if they have an interest in it.
Clint Feland, resident of Mandan, requested the board do more research and looking into information related to pipelines and flooding before making any decisions.
Marv Abraham, Rural Burleigh County resident, gave each Commissioner a letter on sequestration wells. He expressed concerns about the affect CO2 sequestration may have on water.
Mikael Schmidt, Oliver County resident, stated he has attended many Planning & Zoning and County Commission meetings. He expressed concerns about how meetings have been run, stating that a chair should not be voting unless there is a tie as well as concerns about how executive sessions were called. He also expressed concerns with how several board members are acting towards other board members and officials, stating at times it is inappropriate and borderline harassing.
Stuart Harner, Oliver County resident, expressed concerns, stating that if a board member or county commissioner has a conflict, especially if it’s a financial interest, they shouldn't be involved.
Randy Schmidt, Oliver County resident, asked if there were any Commissioners that had a conflict of interest. Patrick Waters stated that the Commission was not in a proper hearing, so no answer would need to be provided.
More discussion was held on the Planning & Zoning meeting and Board member issues. Patrick Waters stated that the option would be replace a few or all members, as the conflicts are still there, and the board has a fair amount of issues. He stated that no board member can use the States Attorney or the States Attorney’s office to advance their personal agenda, as has been happening recently.
Discussion was held on the interpretation of NDCC 38-22, in which there is conflicting views that it may allow for the state to take land from a landowner after a certificate of completion has been given to a company that stores CO2. Darrell Berger asked if the way the statue was written allows for the taking of surface land due to the state taking title of the storage facility, pointing out that the definitions of the statutes can tie the definition of storage facility to pore space, and that there is law stating that pore space cannot be severed from surface rights. States Attorney Patrick Waters stated that he has read the statute and he does not believe that it reads this way and the state will not take land.
Discussion was held on removal or change to the Planning & Zoning Board. One suggestion was to read through Attorney General opinions on conflicts of interest to determine what could be done. Other options included removing board members that had conflicts, but that could look bad politically, or, removing all board members and starting from scratch.
Darrell Berger moved to remove all Planning & Zoning Board members and find new ones to replace them with. There was no second, so the motion died.
The CO2 Ordinance Amendment will go back to the Planning & Zoning board for a vote with a sufficient number of people to constitute a quorum of votes.
Kyle Miller, Road Superintendent, reviewed the County Road budget.
Discussion was held on road issues. A question was raised to the Commissioners about concerns of family members being employed in the same department, stating that Kyle Miller, Cheri Miller and Austin Weigel are now all employed by the road department. Concerns were also raised about phone calls not being answered. It was requested that Kyle put someone in charge when he’s not present at the shop or during training, especially in the case of an emergency.
Jaden Schmidt, Auditor, reviewed the Auditor budget.
Jaden Schmidt, Auditor, reviewed all other non-departmental budgets.
An update on LoadPass Permit fees received in 2024 was discussed. Current fees brought in as of June 30th was $45,980.67.
Salary Study information was discussed. Lee Husfloen stated he would like to discuss it with NDACO when they are present. He stated he’s not sure it is necessary, but would like to ask NDACO.
Discussion was held on a potential solar ordinance. It was requested to look into it, as there has been increased interest in Oliver County.
The meeting adjourned at 12:37 PM.
The next meeting of the Oliver County Commission will be at 8:00 AM, Thursday, August 1st, 2024 at the Oliver County Courthouse meeting room.
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Jaden Schmidt, Oliver County Auditor Lee Husfloen, Chairman of the Board