ACT Board of Supervisors Meeting
06/01/2026, 7:00 PM
In Attendance: Dan Reis, Brandon Prichard, Brian Masset, Terry Woehl, Jerry Kunz, Randy Strom, Dusty Hasper, and Sherry Leno
1. Call to Order
Chairman Reis called the meeting to order at 7:04 pm
2. Minutes Review
A. Corrections and approval of the minutes from the previous meeting.
Supervisor Prichard made a motion to approve the minutes from the May 4, 2026, meeting.
Supervisor Masset 2nd the motion
Vote: Dan - Yes, Brian - Yes, Brandon - Yes
Motion approved
The Board did not eliminate any items on the agenda, but did move them around.
3. Old Business
A. Rick Johnson Property
The trailer house is still on the property. The attorney indicated the township could assess a fine and send a written notice to the property owner.
Supervisor Prichard made a motion to assess the $2,000 fine annually and to send a written notice.
Supervisor Massett 2nd the motion
Vote: Dan - Yes, Brian - Yes, Brandon - Yes
Motion approved
B. Holzer Property
Myrtle Holzer was in attendance. She indicated that a 30-day eviction notice, a 15-day eviction notice, and a 5-day eviction notice had been issued to the tenants. A court hearing is scheduled for June 4, 2026. Myrtle is hoping it's the end of the line. She has been threatened again, including burning the trailer down. The tenants have been burning when it hot and windy. The sheriff has told her she can not go on the property until this whole issue is done. Myrtle invited anyone to the court hearing. It will be on her computer; you can contact Dan for the address.
C. Nathan Jensen property
No permit will be issued by the County until the building located ino the floodway is gone.
4. New Business
Michael Berg from Mercer County was in attendance to discuss Mercer County Energy Projects. A 1500 mg watt power plant is being built and 90% of the power will go to a Data Center being built in Oliver County by DigiKey.
The State will not help. Pipelines are being built by third parties so that eminent domain can be used.
Nextura has multiple sites in ND that can support wind, solar, and nuclear. Mercer County has the land to support more data centers. Nextura pipeline will power these data centers.
Mercer County did adopt a 1 year moratorium on Data Centers, and this can be extended. Pressure is being put on the County Board to lift the moratorium.
Land that is being acquired is near state trust lands. The Ellendale data center is next to trust lands. The State Trust Lands department told him that energy development is a good use of the land.
Federal House Resolution 2252 allows State and federal governments to exchange lands for energy development.
Cell phone towers are a sign of new development. Fiber is going everywhere.
He has a 2000-acre industrial facility 500 yards from his front door. Reps from developers have been to Mercer and Oliver County, listening to what is going on.
ND is for sale right now. Mercer County has appointed a subcommittee to review ordinances and moratoriums. If you don't have these in place, you can't do it after an application for construction has been made.
Find more information at Mercer County ND Data Center, Oliver County Hannover Discussion, Voices of Hannover.
5. Zoning Board
Shane Asbury was on the agenda to subdivide 40 acres. Shane did not show.
Brandon made a motion to table this request
Dan 2nd the motion
Vote: Dan - Yes, Brian - Yes, Brandon - Yes
Motion approved
Brandon reviewed the questions raised by a resident concerning open meetings. Most of what has been done is OK. There is nothing in state law that indicates how to remedy any issues that may be relevant. One way may be to gather as much information prior to any further public comment. The Zoning Board and Board of Supervisors have allowed public comment. Terry added that he would submit the timesheets and have the vast majority of draft documents.
Jared Hanson suggested splitting the document, the ordinances and moratoriums. Brandon indicated there is no way to separate if we violated state law, we violated it.
The Board could elect to start over with the whole process. The township's attorney indicated you don't have to start over unless you want to be extra cautious.
Andrew Nagel stated that there could be someone in the room representing what we are trying to address.
Mike Berg indicated that after he gave Mercer County the information, they passed the moratoriums on the spot.
Brandon stated that the township attorney said we could create as many of the minutes as possible, and it would probably be sufficient.
Burt Heaton states that the moratoriums need to be done.
A question was asked if the board gave the working group any power.
There was no intent to exclude the public.
Dan stated that public comment has always been allowed.
Gaylen Dewing - The board took applications for the committee and approved an hourly rate. That is no different than the County using staff to draft documents. Just because the public wasn't invited to the staff meeting doesn't mean it was a violation.
Rick, who works for 911, indicated that staff draft documents all of the time. Those become public when they go to the 911 Committee.
Terry indicated he talked to Mitch and Marla, and they do not invite the public when they draft documents. They set up public task forces.
A resident who works for the City of Bismarck indicated that staff are given a task to develop documents, but no commissioners are present. Those documents are presented to the commission. If you had to invite the public to every staff meeting, you wouldn't get anything done.
Stephen Schnaible, the former clerk, stated that the Board intended to have staff review the ordinances and make changes based on issues the board had been dealing with and receiving concerns about in the past.
The Comprehensive Plan needs to be adopted before the Board of Supervisors can do anything.
One resident stated that the ordinances should be left to the County.
Supervisor Prichard made a motion to hold a special meeting on Thursday, June 25th at 7 pm on the moratoriums. Supervisor Massett 2nd the motion.
Vote: Dan - Yes, Brian - Yes, Brandon - Yes
Motion approved
Dan closed the Zoning Board Meeting and resumed the Township Meeting.
6. Public Comment
John Schmitt says the township needs to get the roads fixed and quit talking about ordinances.
Dan talked to Casey from Burleigh County. Casey said we are on our own with money.
7. Area Reports
A. School Board - Terry Woehl
Summer school is in session. There is one open seat on the school board. The board is still working on how to get the old school replaced. The School Board election is on June 9th. The board is not at a point of sending the kids to Bismarck. This would mean dissolving the school district.
B. Treasurer's Report - Randy Strom
Checking: $98,408.32
Savings: $119.86
1 CD at $108,725.63
2 CDs at $53,888.49
1. Approve bills to be paid
Kelsch Law - $180.00
Supervisor Prichard made a motion to approve the bills.
Supervisor Massett 2nd the motion
Vote: Dan - Yes, Brian - Yes, Brandon - Yes
Motion approved
Chairman Reis made a motion to remove Monty Sicble, Gaylen Dewing, and Stephen Schnaible from the Apple Creek Township checking account at Dakota Community Bank, Lincoln ND, and add Sherry Leno, Brandon Prichard, and Brian Masset as authorized signatures. Dan Reis and Randy Strom will remain on the account as authorized signatures.
Supervisor Prichard 2nd the motion
Vote: Dan - Yes, Brian - Yes, Brandon - Yes
Motion approved
C. Assessors' Report - Marie Horning
Not in attendance
D. Building Inspector's Report - Burleigh County
The report was reviewed by the board.
The Richard building was approved at the May meeting.
E. Road Supervisors Report
Roy has resigned as Road Supervisor.
Supervisor Prichard made a motion to appoint John Schmitt as the new Road Supervisor
Supervisor Massett 2nd the motion
Vote: Dan - Yes, Brian - Yes, Brandon - Yes
Motion approved
F. Weed Supervisors Report - Dusty Hasper
Dusty indicated that residents can still apply for matching funds.
7. Adjourn
Dan adjourned the meeting at 9:30 pm.
Meeting Schedule - 2026
July 6
August 3
September 8
October 5
November 2
December 7