Discussion was held on a formal public comment policy. Dave Berger moved and Lee Husfloen seconded the motion to approve the public comment policy. Discussion was held on the total time limit per meeting, which was presented at 30 minutes. Dave Berger moved and Lee Husfloen seconded the motion to amend the motion to state that the total time limit will be approved by a vote of the commission at each meeting. All in favor, none opposed; motion carried to approve the amendment. A vote was held on the amended motion. All in favor, none opposed; the public comment policy was approved.

 

Portfolio Reports were given.

 

Discussion was held on the old chairs in the courtroom. The Legion requested the chairs. The Commission decided to open the chairs for offers at the next meeting.

 

Election updates were provided by the County Auditor.

 

Dave Berger moved and Lee Husfloen seconded the motion to appoint Linda Price to the Water Resource Board. All in favor, none opposed; motion carried.

 

Discussion was held on the courthouse generator.

 

Discussion was held on the Oliver County Community Foundation Grant.

 

Sheriff’s Department updates were provided. Lee Husfloen moved and Dave Berger seconded the motion to purchase cell phone boosters for the Sheriff’s Department vehicles for a total of $2646; all in favor, none opposed; motion carried.

Chief Deputy Wenning provided a quote for a new vehicle, which includes the trade of the Chevrolet Silverado currently being used. The vehicle amounts to $44709 and the equipment amounts to $3264.34. All quotes are after the trade in. Dave Berger moved and Lee Husfloen seconded the motion to approve the purchase of the new Sheriff’s vehicle with the trade of the Chevrolet Silverado. All in favor, none opposed; motion carried.

 

Discussion was held on the office admin position. As of March 13^th, the position was filled and the new hire will start Monday, March 16^th.

 

Alice Grinsteinner, Oliver/Mercer HR/EM provided information on the legislative change from SB 2027 for the Flood Plain Ordinance. Lee Husfloen moved and Dave Berger seconded the motion to update the language of the Flood Plain ordinance to include the changes made to NDCC from legislative changes. All in favor, none opposed; motion carried.

 

Discussion was held on the janitor position. Dave Berger moved and Lee Husfloen seconded the motion to approve hiring Rebecca Bethke at the same rate of pay as the previous janitor. All in favor, none opposed; motion carried.

 

Discussion was held on a local raffle permit submitted by Burt Isaak for the Jyler Isaak Memorial Golf tournament. Due to questions of who can hold the raffle, no action was taken.

 

Greg Petrick, BNI, requested the Commission to hold a special meeting the week of March 23^rd to discussion the overpass project on 37^th Ave.

 

Kenny Rude, Road Superintendent, presented a list of equipment the shop would like to put up for bid. Dave Berger moved and Lee Husfloen seconded the motion to approve the following list of equipment to put up for bid, all in favor, none opposed; motion carried:

 

2006 Sterling Truck – No plow or sander – Sold as is with a minimum bid of $5000

Motorgrader Wing Mower – unknown condition – sold as is

TD 2000 Ridge Mulcher – good working condition – sold as is

EV 990 Fuel Tank with DEF Tank and Pump – All Electric, Brand New with a minimum bid of $6000

International Dump Truck – low miles, works as should, ex-military unit – sold as is

International Semi – Cummins engine, runs good, 10 speed – sold as is

Load Trail Trailer – Tandem dually, needs work, 36 foot – sold as is

1400 JCB Backhoe – sold as is with a minimum bid of $4000

 

Road restrictions are currently in place. Dave Berger moved and Lee Husfloen seconded the motion to approve the purchase of an AC machine for the shop for $3500. All in favor, none opposed; motion carried.

 

All shop employees are trained in CPR. Kenny Rude and Cort Schutt are getting certified for commercial pesticide spraying.

 

Patty Koapke, Tax Equalization Director, presented abatements. Lee Husfloen and Dave Berger seconded the motion for abatement # for 2024 for $1948.40 and for 2025 for $2064.10.

 

Les Henke, resident, appeared before the Commission to speak on the .55 acres that was previously discussed at the Commission meeting. Kenny Rude spoke to the state and they will need to look into the issue further. Based on information received by the State’s Attorney, the topic of selling the .55 acres is more complicated as well, because the land could have a fair market value of more than $1000, the county cannot just sell the land back to Les Henke at a private sale and instead it must be put up for public sale. No action was taken until further information is received.

 

Building Permit #1080 for John and Kimberly Dixon in Lot A within the W ½ of Section 12, 141-82 for a Livestock Facility and Shop was presented. Lee Huslfoen moved and Dave Berger seconded the motion to approve Building Permit #1080. All in favor, none opposed; motion carried.

 

Building Permit #1081 for Paula Peters within the SW ¼ of Section 1, 142-86 for a home addition was presented. Dave Berger moved and Lee Husfloen seconded the motion to approve Building Permit #1081. All in favor, none opposed; motion carried.

 

Rick Aaser, presented to the Commission requesting a moratorium for data centers.

 

Dave Berger read a letter from Brad Dahl regarding data centers.

 

Patty Koapke read letters from the following residents: Keith & Phyllis Grosz, Cindy Aaser, and Katie Dagley regarding data centers.

 

Rental Construction Bids were received from Baranko Bros’s Inc. Lee Husfloen moved and Dave Berger seconded the motion to accept the Rental Construction Equipment bid. All in favor, none opposed; motion carried.

 

The Commission meeting entered into recess at 2:34 pm.

 

The Commission was called back into order at 2:42 pm.

 

Fuel & Lubricant bids were received from Rud Oil & Propane and Fitterer Oil. Lee Husfloen moved and Dave Berger seconded the motion to accept all bids. All in favor, none opposed; motion carried.

 

Gravel Crushing bids were received from Fischer Sand & Gravel, Sundre Sand & Gravel and Badlands Aggregate (no bid paperwork arrived, but bid bond was opened). Dave Berger moved and Lee Husfloen seconded the motion to accept all bids. All in favor, none opposed; motion carried.

 

The Solar Energy Facilities ordinance had it’s second reading. Lee Husfloen moved and Dave Berger seconded the motion to approve the Solar Energy Facilities ordinance. All in favor, none opposed; motion carried.

 

Arlo Bakker, resident, asked for clarification on what would be considered a reasonable amount of time in regards to language in the Solar Energy Facilities ordinance.

 

The Planning & Zoning By-Laws had it’s second reading. Public comments were received by Rick Aaser (resident), Greg Maier (resident) and Milissa Meckle (resident), requesting clarification on language. Dave Berger moved and Lee Husfloen seconded the motion to approve the Planning & Zoning By-Laws with corrections to the membership language. All in favor, none opposed; motion carried.

 

Ladd Erickson, McLean/Sheridan County State’s Attorney, presented information on data center ordinance language and moratorium language and rules and provided a case law handout.

 

Public comments were received in regards to the data center moratorium by Rick Aaser (resident), Milissa Meckle(resident), Josiah Geiger (resident), Patrick Waters (State’s Attorney), William Sherwin (resident), Brad Meckle (resident), Elizabeth Dagley (resident), Nathan Dagley (resident), Deb Berger (resident), Mark Dagley (resident), Nick Phillips (Applied Digital), Rick Schmidt (resident/school board), Arlo Bakker (resident), Lori Hammer (resident), Michael Berg for Weston Berg (resident), Tara Dukart (resident), Kurt Swenson (resident), Isaiah Geiger (resident), Eric Casson (city interim mayor), Senator Keith Boehm, Phyllis Grosz (resident), Lucas Wald (Edgeley resident).

 

The second reading of the Resolution 2026-02 for Data Center and Cryptocurrency Mining Facilities moratorium was held with the 36-month recommendation from the Planning & Zoning Board.

 

Discussion was held. Clarification was asked on time, due to the roughly 30 days needed to do public notices and hearing requirements and the time it would take to write the ordinance.

 

Dave Berger moved and Lee Husfloen seconded the motion to approve a moratorium for 90 days. Dave Berger moved and Lee Husfloen seconded the motion to amend the moratorium to 180 days with the option to extend if needed and to have the Oliver County State’s Attorney with the help of other State’s Attorneys to draft the ordinance, accept public input and proceed with the public hearing and readings to move forward with the process. The amended motion reads: Dave Berger moved and Lee Huslfoen seconded the motion to approve a moratorium for 180 days from the date of approval, with the option to extend if needed and to have the Oliver County State’s Attorney with the help of other State’s Attorneys to draft the ordinance, accept public input and suggestions and proceed with the public hearing and readings upon completion. All in favor, none opposed; motion carried.

 

The meeting was adjourned at 6:28 pm.

 

The next meeting of the Oliver County Commission will be at 1:00 PM, April 14^th, 2026 at the Oliver County Courthouse meeting room.

 

 

_________________________________                    _________________________________

Jaden Schmidt, Oliver County Auditor                         Robert Schmidt, Chairman of the Board