Bowman County Commissioners are elected at large on a non-partisan basis for staggered four-year terms. The County Commission is the governing body of the County responsible for overseeing County activities and working to ensure that citizen concerns are met, federal and state requirements are fulfilled, and County operations run smoothly.
The State constitution gives the Board of County Commissioners the power to adopt zoning ordinances (local laws), levy taxes, appropriations, authorize bonds, set salaries, approve bills, accept bids, approve the County budget and establish the requirements/policies for the Departments under its control.
The Board governs all unorganized townships of the County directly.
The Board of County Commissioners met in regular session on September 7, 2021, with the following present: Pine Abrahamson, Rick Braaten, Lynn Brackel, and Jerry Jeffers. Josh Buchmann was absent. Chairman Brackel called the meeting to order at 9:00 AM. The Pledge of Allegiance was recited. Father Raphael Obotama shared a prayer.
Brackel asked for corrections or additions to the agenda. Abrahamson made a motion to approve the agenda. Jeffers seconded the motion, and upon a vote, the motion was carried unanimously.
The following September 7, 2021, vouchers were approved by a motion made by Jeffers, with Braaten seconding the motion, and upon a vote, the motion was carried unanimously.
|34454||First International Bank & Trust (Visa)||$1,094.46|
|34459||Bowman County Housing Authority||$728.00|
|34462||Fisher Sand and Gravel||$689.26|
|34463||Frontier Travel Center||$199.98|
|34465||John Deere Financial||$251.35|
|34468||Municipal Communications, LLC||$1,600.00|
|34471||Newby’s Ace Hardware||$218.79|
|34479||Southwest Ag, Inc.||$3,282.50|
|34481||United Truck & Equipment||$538.51|
|34483||Western Dakota Energy Association||$4,750.00|
|34484||Wild and Weiss Law Office||$1,250.00|
|34485||West Plains, Inc.||$52.20|
Bowman County Treasurer, Anita McLaughlin, met to present the August 2021 Treasurer’s Daily Cash Settlement/Bank Reconciliation Report. Braaten made a motion to approve, with Abrahamson seconding the motion, and upon a vote, the motion was carried unanimously.
Braaten made a motion to approve the August 17, 2021 and August 24, 2021, minutes with the stated correction, with Abrahamson seconding the motion, and upon a vote, the motion was carried unanimously.
Buchmann joined the meeting at 9:55 AM via telephone.
At 10:00 AM, Chairman Brackel called the Public Hearing for Conditional Use Permits #1094 and #1095 from Jason Kalina to order. List of guest’s present is available in the auditor’s office. Public comments were taken from guests. Jeffers made a motion to approve both permits with the condition that Kalina may not begin construction on his shooting ranges until completion of the shooting ranges ordinance and also with the correction on the application form that there will be no zoning changes and it will remain zoned as agricultural. Abrahamson seconded the motion. A roll call vote was taken with all members voting aye. Motion carried. Chairman Brackel closed the hearing at 10:29 AM.
Dean Pearson and Jodi Freier, Tax Director’s Office, met to discuss the valuation of the Badlands Gas Plant. Abrahamson made a motion to approve T.Y. Pickett to do a site visit to determine the value of the plant and equipment for $7500, to be paid from BLM funds. Braaten seconded the motion, and upon a vote, the motion was carried unanimously.
Discussion was held on a burn ban. Dean Pearson and Karla Germann from Emergency Management were present. The ban will remain in effect as written. The burn ban follows the ND Rangeland Fire Index Rating, and can be checked on-line at https://ndresponse.gov/burn-ban-restrictions-fire-danger-maps.
Bowman County Highway Superintendent Shane Biggs and Lucas Doerr and Gary Brennan from Brosz Engineering met to discuss road projects. Abrahamson made a motion to approve the request for county materials from the Southwest Shooting Club for the purchase of 400 yards of reject gravel at the price of $3.50/cy with the Southwest Shooting Club responsible for 100% of the cost. Buchmann seconded the motion. A roll call vote was taken with all members voting aye. Motion carried.
Buchmann left the meeting at 11:25 AM.
Abrahamson made a motion to approve the August 2021 Recorder and Sheriff Fee Collection Reports. Braaten seconded the motion, and upon a vote, the motion was carried unanimously.
Braaten made a motion to approve the August 2021 Month-End Bureau of Land Management Report, with Jeffers seconding the motion, and upon a vote, the motion was carried unanimously.
Buchmann re-joined the meeting via phone at 1:05 PM and left the meeting at 1:15 PM.
At 1:15 PM Chairman Brackel called the Public Hearing for Conduit Revenue Bond Financing for GMHR Acquisitions Co., LLC Project to order. Guests Present: Jim Bartholmy. Jon Arnston, Arnston Stewart Wegner PC, was present via telephone. Braaten made a motion to approve the following resolution and to direct Bowman County Auditor, Mindy Schumacher to sign the Certificate as presented, with Jeffers seconding the motion, and upon a vote, the motion was carried unanimously.
BE IT RESOLVED by the County Commission of Bowman County, North Dakota (the “County”), as follows:
Section 1. Policy and Purpose.
1.01. For the purpose of promoting, attracting, encouraging, and developing an economically sound industry and commerce, preserving and developing a tax base adequate to finance necessary public services, and encouraging employment opportunities for the citizens of the County, the County is authorized by North Dakota Century Code, Chapter 40-57 (the “Act”), to issue revenue bonds of the County in anticipation of the collection of revenues of a project.
1.02. GMHR Acquisitions Co., LLC, a Delaware limited liability company (the “Company”), desires to undertake a Project in the County, at a total cost of approximately $17,500,000, the Project to consist of the construction, acquisition and installation of equipment to be used for solid waste disposal and functionally related facilities in connection with a landfill, energy conversion and recycling process (the “Project”).
1.03. The Project would increase the level of economic activity in the County, provide employment opportunities and increase the tax base of the County.
1.04. The County is advised by representatives of the Company that with the aid of municipal financing and the resulting lower borrowing cost, the Project would be significantly more feasible. The County is further advised by the Company that approval of municipal financing would be a significant inducement to the commencement of construction of the Project by the Company.
1.05. A public notice setting forth the nature of the Project and the date and time of a public hearing on the Project was published according to law and a public hearing has been held according to law on September 7, 2021, at which public hearing all those appearing at said hearing who desired to speak were heard and written comments, if any, were considered.
1.06. Following the public hearing, it appears the issuance of the Bonds is in the public interest and the County Commission hereby determines to proceed with the issuance of revenue bonds under the Act to finance the Project.
Section 2. Approval and Authorization.
2.01. The County Commission hereby gives preliminary approval to the proposal of the Company that the County issue revenue bonds pursuant to the Act and pursuant to a revenue agreement between the County and the Company containing such terms and conditions (with provisions for revision from time to time as necessary) as may be necessary to produce income and revenues sufficient to pay, when due, the principal of and interest on the Solid Waste Disposal Revenue Bonds in the maximum aggregate principal amount of $17,500,000, to be issued pursuant to the Act (the “Revenue Bonds”). The revenue agreement may also provide for the interest of the Company therein to be mortgaged to secure the payment of the Revenue Bonds.
2.02. On the basis of information available to this County Commission it appears, and the County Commission hereby finds, that the Project constitutes real property, buildings, improvements and equipment, used or useful in connection with a revenue producing enterprise engaged in a business within the meaning of Section 40-57-02(2) of the Act; that the Project furthers the purposes of the Act; and that the effect of the Project, if undertaken, will be to encourage the development of economically sound industry and commerce, to help the County and Fischbein Township retain and improve the tax base and to provide employment opportunities.
2.03. The issuance of the Revenue Bonds is hereby given preliminary approval by the County, subject to receipt of an adequate allocation of authority from the Governor to issue private activity bonds (which allocation is not made hereby), and subject to final approval by this County Commission, the Company, and the purchaser of the Revenue Bonds as to the ultimate details of the financing of the Project.
2.04. The County Auditor is hereby authorized and directed to submit the Application for Allocation of Bonding Authority to the Governor in accordance with North Dakota Century Code, Chapter 21-12, and Executive Order 1988-13.
2.05. The Company has agreed and it is hereby determined that any and all costs incurred by the County in connection with the financing of the Project, whether or not the Project is carried to completion and whether or not approved by the Commission, will be paid by the Company.
2.06. Arntson Stewart Wegner PC, acting as bond counsel, is authorized to assist in the preparation and review of necessary documents relating to the financing of the Project, to consult with the County Attorney, the Company and the purchaser of the Revenue Bonds as to the maturities, interest rates and other terms and provisions of the Revenue Bonds and as to the covenants and other provisions of the necessary documents, and to submit such documents to the County Commission for final approval.
2.07. Nothing in this resolution or in the documents prepared pursuant hereto shall authorize the expenditure of any municipal funds on the Project other than the revenues derived from the Company. The Revenue Bonds shall not constitute a charge, lien or encumbrance, legal or equitable, upon any property or funds of the County except the revenue and proceeds pledged to the payment thereof, nor shall the County be subject to any liability thereon. The holder of the Revenue Bonds shall never have the right to compel any exercise of the taxing power of the County to pay the outstanding principal of the Revenue Bonds or the interest thereon, or to enforce payment thereof against any property of the County. The Revenue Bonds shall recite in substance that the Revenue Bonds, including interest thereon, are payable solely from the revenue and proceeds pledged to the payment thereof. The Revenue Bonds shall not constitute a debt of the County within the meaning of any constitutional or statutory limitation.
2.08. In anticipation of the approval by the Commission and the issuance of the Revenue Bonds to finance all or a portion of the Project, and in anticipation that the County will procure and devote to the Revenue Bonds an adequate allocation of authority to issue private activity bonds (which allocation is not made hereby), and in order that completion of the Project will not be unduly delayed when approved, the Company is hereby authorized to make such expenditures and advances toward payment of that portion of the costs of the Project to be financed from the proceeds of the Revenue Bonds as the Company considers necessary, including the use of interim, short-term financing, subject to reimbursement from the proceeds of the Revenue Bonds if and when delivered but otherwise without liability on the part of the County. Pursuant to Treasury Regulations Section 1.150-2, the County hereby declares its official intent to use a portion of the Bond proceeds to reimburse expenditures made for the Project.
Chairman Brackel closed the hearing at 1:26 PM.
Abrahamson made a motion to approve the Calendar Raffle Permit from the ND HS Rodeo Association. Braaten seconded the motion, and upon a vote, the motion was carried unanimously.
Dean Pearson and Jodi Freier, Bowman County Tax Director’s Office, met to discuss the Application for Abatement, L 4, S 10’ L 3, N 15’ L5, Blk 36, Milwaukee Land Co. 1st Add, Scranton City, received from James Lundquist. The application has been denied from The City of Scranton. Abrahamson made a motion to deny the application due to the recommendations from The City of Scranton and the Tax Director’s Office. Jeffers seconded the motion. A roll call vote was taken with all members voting aye. Motion carried.
Discussion was held on American Rescue Act Fund Act funds. Abrahamson made a motion to establish the American Rescue Plan fund and to deposit the payments from the U.S. Treasury for this relief effort into the fund and dedicate this fund for all activity of the American Rescue Plan. Braaten seconded the motion. A roll call vote was taken with all members voting aye. Motion carried.
At 2:46 PM Jeffers made a motion to adjourn the meeting, with Braaten seconding the motion, and upon a vote, the motion was carried unanimously.
Lynn Brackel, Chairman, Board of Bowman County Commissioners
ATTEST: Mindy Schumacher, Bowman County Auditor
September 21, 2021 – 9:00 AM
Call to order Chairman Brackel
Pledge of Allegiance – Prayer – Pastor Ed Kvaale
Consideration for Approval
Scheduled Appointments Made in Advance
10:00 Jason Anderson
10:30 Bowman County Highway Superintendent, Shane Biggs
11:00 Steve Meier, RDO Equipment
1:15 PM Hearing for Conditional Use Application #1126 from Steve Beylund
2:00 Open at time of Publication
Elected Officials Office Updates & Other
The County Commission regularly scheduled meeting on October 5, 2021 has been changed to October 7, 2021, 9 AM due to Commission attending the 2021 NDACo Annual Conference in Bismarck.
The County Commissioners have been invited to attend a strategic planning meeting on September 29, 2021 from 8:30 AM – 4:00 PM at the Bowman Golf Course.
Important Meeting Dates
Next Regularly Scheduled Commission Meeting –October 7, 2021, 9:00 AM
Rick was first elected as a Bowman County Commissioner in November 2008. He is a 1975 graduate of Bowman High School and graduated from NDSU in 1979 with a BS degree in Agricultural Economics. Rick is married to Laurie Fish and they four sons. Rick engages in farm and ranch work.
Other Offices Held:
Josh graduated in 1996 from Bowman High School and attended NDSCS, graduating in 1999. He moved back to Bowman in 2006. He has two children; his daughter lives in Wahpeton and works for NDSCS and his son attends Bowman High School.
Other Offices Held:
Jerry was elected to the Bowman County Commission in 2016 and is the third generation on the Jeffers farm in southwestern Bowman County; homesteaded in 1909. Jerry also has operated a cabinet shop in the winter since 1976. He has three sons and is married to Karen who has two sons and a daughter. Between them they have 11 grandchildren.
Other Offices Held:
Pine was first elected as a Bowman County Commissioner in 2004. Pine was born and raised in Bowman County. He has been engaged in agriculture his entire life; he is the third generation to be involved on the family farm where he spends many hours working with his youngest daughter her husband. Pine is married with 4 children and 4 grandchildren.
Other Offices Held:
Lynn was elected to the County Commission in 2008. He graduated from Dickinson State University in 1966 with a music degree and taught band and chorus for 12 years. Lynn still enjoys music and has directed the Church Choir for 30 years, Bowman County Community Band for 20 years, and Saxy Brass for 20 years. Lynn owned a plumbing business and served the Southwest North Dakota, Montana, and South Dakota areas for over 30 years. He has 3 children and 5 grandchildren.
Other Offices Held:
Monday – Thursday:
7:30am – 12:00pm MT
12:30pm – 4:30pm MT
7:30am – 12:00pm MT
(Closed on Legal Holidays)