Updates from the Sheriff’s Department were presented. A proposal for a new sheriff’s vehicle was presented. Chief Deputy Jim Wenning stated there’s a company in Minnesota that outfits and takes older vehicles on trade. He will come to the next Commission meeting with quotes for prices.

 

Lee Husfloen moved and Dave Berger seconded the motion to approve abatement #. All in favor, none opposed; motion approved.

 

Discussion was held on Portfolio Reports. No reports were given.

 

Les Henke, resident, presented to the Commission. He has .55 acres by his property that the county owns, but has been under the impression that he owned it until recently and a plat was drawn out. Some research was done and it appears that it affects several along the highway. States Attorney Patrick Waters will look into this.

 

Building Permit #1079 for Minnesota Power for a Substation and East Yard within the NW1/4-NW1/4 Sec 35 & SE1/4-SE1/4 Sec29, 142-83 was presented. Dave Berger moved and Lee Huslfoen seconded the motion to approve Building Permit #1079. All in favor, none opposed; motion carried.

 

Conditional Use Permit #1078 for North Plains Connector LLC for a transmission line along 11 miles in Oliver County was presented. The Road Use and Maintenance Agreement will be brought to the county for review next month. Lee Husfloen moved and Dave Berger seconded the motion to approve Conditional Use Permit #1078 with the following resolution;

 

WHEREAS, on January 5, 2026, North Plains Connector LLC submitted an application (“Application”) for a conditional use permit (“CUP”) for the portion of the North Plains Connector Transmission Line Project (“Project”) located in Oliver County, North Dakota (“County”) pursuant to Section 4.1(2) of the County’s Zoning Ordinance.

 

WHEREAS, on January 29, 2026, the County’s Planning & Zoning Commission held a public hearing on and considered the Application and, thereafter, recommended issuance of a CUP to North Plains Connector LLC with authorization to adjust the Project under the CUP as requested in the Application (“Recommendation”).

 

WHEREAS, the County’s Board of County Commissioners considered the Application and the Planning & Zoning Commission’s Recommendation at its meeting on February 10, 2026.

 

NOW, THEREFORE, BE IT RESOLVED by the Oliver County Board of County Commissioners:

           

1.      A CUP is issued to North Plains Connector LLC for the Project conditioned on securing an easement (or other real property agreement) with each landowner whose land is crossed by the Project route prior to initiating Project construction.

2.      The CUP authorizes adjustments to the Project route, permanent and temporary rights-of-way, and structure and permanent access road locations so long as the Project does not involve a new landowner(s) and North Plains Connector LLC has secured landowner approval.

 

Discussion was held on data centers. Ordinances need to be written and discussion was held on placing a moratorium. Dave Berger moved and Lee Husfloen seconded the motion to place a public hearing on the February 26, 2026 Planning & Zoning meeting for a data center and cryptocurrency mining facility moratorium for a recommended 90 days with final approval to take place at the March County Commission meeting. All in favor, none opposed; motion carried.

 

Discussion was held on the language from the McLean County ordinances for avoidance zones and pre-application hearings/meetings. The language will be taken to Planning & Zoning again to implement into ordinances.

 

Kenny Rude, Road Superintendent, provided updates on the Road Department. Discussion was held on vacation carryover for an employee. Dave Berger moved and Lee Husfloen seconded the motion to approve 100 hours of vacation for carryover for Marvin Pfliger to be used by March 31^st, 2026.

 

Discussion was held on equipment advertising and county shop updates.

 

Discussion was held on a backhoe loader from Butler for $128,595. No action was taken and it was tabled.

 

Dave Berger moved and Lee Husfloen seconded the motion to authorize the County Auditor to call for bids for gravel crushing, fuel and rental equipment. All in favor, none opposed; motion carried.

 

Discussion was held on the water tanker at the county shop.

 

Alice Grinsteinner, Oliver/Mercer EM/HR, presented updated language to the Holiday Closure for the Employee manual. Lee Husfloen moved and Dave Berger seconded the motion to approve the new language for Holiday Closures. All in favor, none opposed; motion carried.

 

Discussion was held on the Sheriff’s Department Office position. It has been advertised as a licensed peace officer position that would do part office work, part courthouse security. The position will advertise as a licensed peace officer for another month and will revisit at the next meeting.

 

Dave Berger moved and Lee Husfloen seconded the motion to approve the revised Human Resources and Emergency Manager Joint Powers Agreement with Mercer County at a lower rate of $52.94 per hour. All in favor, none opposed; motion carried.  

 

Daniel Schwartz presented an update to the Hazard Mitigation Plan. Schwartz also commented on the Data Center ordinance discussion. He recommended the county adopt language similar to the Stutsman County and then adjust it as needed, as he stated, it is better to have something in place before industries come to the county.

 

Lee Husfloen moved and Dave Berger seconded the motion to approve the E-911 Joint Powers Agreement with the City of Center. All in favor, none opposed; motion carried.

 

Dave Berger, Commissioner, brought the topic of the Backhoe Loader to the table again, asking if the backhoe would be needed sooner. It is a used unit, so it could sell before the county makes a decision next month. Lee Husfloen moved and Dave Berger seconded the motion to make the purchase of the Caterpillar Backhoe Loader from Butler for $128,595.

 

Dave Berger moved and Lee Husfloen seconded the motion to approve the Election Joint Powers Agreement with the Hazen and Washburn school districts. All in favor, none opposed; motion caried.

 

The March 5^th Commission meeting will be moved to March 13^th due to scheduling conflicts and mandatory training for elections that the Auditor’s office must attend.

 

An update was given on the Court Facilities Grant.

 

Discussion was held on road work with BNI.

 

Discussion was held on the drains from the roof at the Courthouse and re-doing the back parking lot.

 

Dave Berger moved and Lee Husfloen seconded the motion to approve Computer Express taking over the Courthouse Wi-Fi hardware and cancel the hardware with NRG. All in favor, none opposed; motion carried.

 

Lee Husfloen moved and Dave Berger seconded the motion to enter into a funding agreement for the 2027-2029 biennium to receive reimbursement for providing clerk of district court services with the North Dakota Supreme Court. All in favor, none opposed; motion carried.

 

Discussion was held on the Public Comment Policy. It will be reviewed at the next meeting.  

 

The meeting was adjourned at 3:25 pm.

 

The next meeting of the Oliver County Commission will be at 1:00 PM, March 13^th, 2026 at the Oliver County Courthouse meeting room.

 

 

_________________________________                    _________________________________

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