1 00:00:07,680 --> 00:00:12,679 Call the meeting of order. Please rise for the pledge of allegiance 2 00:00:14,080 --> 00:00:22,560 to the flag of the United States of America and to the republic for which it 3 00:00:19,359 --> 00:00:28,279 stands. One nation, indivisible, with liberty and justice 4 00:00:25,119 --> 00:00:28,279 for all. 5 00:00:28,720 --> 00:00:37,600 » Welcome everybody. Make sure you got your phones on silent. 6 00:00:33,920 --> 00:00:41,760 And we'll start with the uh roll call today. We'll start with Commissioner 7 00:00:38,879 --> 00:00:46,160 Dove here. Commissioner Dove, I mean Commissioner Reed, sorry. Commission 8 00:00:44,000 --> 00:00:50,960 Coverson here. And Commissioner Smith is here. Okay. Before we I got a couple 9 00:00:49,280 --> 00:00:55,120 housekeeping things I want county commissioners to consider before we go 10 00:00:52,399 --> 00:00:58,960 on to audience participation. One of them is I'd like to move the audit audit 11 00:00:57,440 --> 00:01:03,039 that we have today which doesn't take long ahead of that and get those people 12 00:01:01,359 --> 00:01:08,080 get those people out. Does anybody have a problem with that? Nope. No problem 13 00:01:05,680 --> 00:01:12,880 with that. The second one is I like when we go to appoint board members I'd like 14 00:01:10,479 --> 00:01:17,759 for everybody present. So I'd like to move the appointment of the board of 15 00:01:15,840 --> 00:01:20,880 building and codes appeals to next Wednesday when I've been told everybody 16 00:01:19,360 --> 00:01:24,400 will be here. Does anybody have a problem with that? 17 00:01:21,759 --> 00:01:28,240 » No. No problem. Okay. Good. Okay. Okay. Now, we'll go to 18 00:01:26,880 --> 00:01:32,240 public comment. I'm not going to read the entire thing. I welcome everybody 19 00:01:30,080 --> 00:01:38,799 cuz y'all should know it by heart by now. Uh we got 5 minutes. Just get a 20 00:01:35,759 --> 00:01:41,759 line come up and uh let's all support each other, make your points cuz y'all 21 00:01:40,159 --> 00:01:45,439 make some real good points and then we'll we'll go from there. So, at this 22 00:01:43,920 --> 00:01:49,920 moment, I'm going ask for public comment. 23 00:01:47,200 --> 00:01:52,399 » Have the auditor come up. You can tell I'm wanting to get this 24 00:01:51,200 --> 00:01:56,759 done. >> I'm sorry. Good morning. Good morning. 25 00:02:01,680 --> 00:02:07,759 Thank you for letting me uh go first so I can get back to the office and do some 26 00:02:05,280 --> 00:02:11,920 other things. Um your honor, I believe you received the burgundy packets last 27 00:02:09,679 --> 00:02:17,840 week. Uh the audit was a clean audit again this year. Uh page one of the 28 00:02:14,319 --> 00:02:22,720 burgundy binder is our auditor's report. your county like 99% of the counties in 29 00:02:20,560 --> 00:02:27,120 Kansas report under the Kansas regulatory basis with the KAG model. So 30 00:02:25,120 --> 00:02:30,160 the third paragraph in that opinion is your clean opinion. We feel your 31 00:02:28,480 --> 00:02:35,280 financial statements are fairly stated in all material respects. So it's a 32 00:02:32,319 --> 00:02:39,840 clean opinion. Uh your county also is subjected to not every year but this 33 00:02:37,519 --> 00:02:44,400 year to the federal single audit. Um, if your federal expenditures exceed $1 34 00:02:41,920 --> 00:02:47,760 million, that threshold went up from 750 to a million, then you're required to 35 00:02:45,920 --> 00:02:51,519 have an additional audit. And this year, we did have to perform that. And the 36 00:02:49,440 --> 00:02:54,319 program we tested was the WIC program. >> Excuse me. Excuse me. Will you slow down 37 00:02:53,599 --> 00:02:59,440 just a year? >> You bet. You bet. All right. So, the 38 00:02:57,440 --> 00:03:02,800 program we selected to test for the federal was the WIC program, the women 39 00:03:01,200 --> 00:03:07,680 and infant children that's handled through the health department. So, we'll 40 00:03:06,159 --> 00:03:12,400 talk about that when we get to the back of the report. 41 00:03:09,360 --> 00:03:17,440 Uh pages four, five, and six are the actual financial statement for the 42 00:03:14,400 --> 00:03:20,959 county. Down the left hand side are all the funds that the county uses to 43 00:03:19,280 --> 00:03:26,480 account for the money that comes in and goes out of your county. Um on page 44 00:03:24,400 --> 00:03:31,120 five, you'll see there's a total line for county. Then we add your related 45 00:03:29,120 --> 00:03:35,200 municipal entities. Those are your sewer and fire districts that are included as 46 00:03:32,959 --> 00:03:40,799 part of your financials to come to the grand total at the bottom. So when you 47 00:03:38,000 --> 00:03:46,560 look at page five, you can see you started the year for the total county 48 00:03:43,440 --> 00:03:52,799 that subtotal 2/3 of the way down. You started with 41,600,000. 49 00:03:49,680 --> 00:03:57,519 You collected 102 million. You expended 88 million leaving you with 55 million 50 00:03:55,599 --> 00:04:02,799 remaining unencumbered cash at the end of the year. Um then as I mentioned we 51 00:04:00,799 --> 00:04:07,120 add the municipal related entities that allows them to not have to have their 52 00:04:04,400 --> 00:04:13,159 own separate audit. Um, and so at the very bottom you can see the total 53 00:04:08,640 --> 00:04:13,159 reporting entity cash was 56,617240. 54 00:04:13,200 --> 00:04:20,959 And then down below you can see where that money was residing at 123125. 55 00:04:18,320 --> 00:04:25,919 Um, we had almost 7 million in checking, 136 million in treasury bills and then a 56 00:04:24,160 --> 00:04:31,600 couple of other small accounts that belong to the related municipal entities 57 00:04:28,160 --> 00:04:34,960 leaving you with 143 million. But 86 million of that doesn't belong to the 58 00:04:33,120 --> 00:04:38,720 county. that belongs to the taxpayers and your to the entities that have 59 00:04:36,560 --> 00:04:43,120 taxed. And so what happens is at the after the end of December in January, 60 00:04:40,960 --> 00:04:46,880 you write that first distribution check, that money goes to the schools and the 61 00:04:44,880 --> 00:04:52,240 fire districts and the all the different entities within your district. So the 62 00:04:48,960 --> 00:04:56,280 county's money is the 56,617. Any questions on that? 63 00:04:58,320 --> 00:05:04,960 » All right. The next several pages are the footnotes. They are required. I'm 64 00:05:02,880 --> 00:05:08,320 not going to go through them in detail. There were no new footnotes required 65 00:05:06,880 --> 00:05:13,039 this year. So, these would be notes you're familiar with from prior years. 66 00:05:11,280 --> 00:05:20,000 Um, there's a couple I'd like to point out. If you turn to page 11, 67 00:05:18,000 --> 00:05:24,320 11 is the summary of the debt of the county. So, you started the year with 68 00:05:22,160 --> 00:05:28,639 22,927,000 in debt and you ended the year with 69 00:05:26,560 --> 00:05:32,639 21,374. You did not issue any new debt. All 70 00:05:30,720 --> 00:05:39,440 payments were made timely and the interest paid was 543392. 71 00:05:36,000 --> 00:05:44,639 The bulk of the debt are go bonds and then you have two very small 72 00:05:41,039 --> 00:05:52,000 revolving loans with KDH. All right. And then 73 00:05:48,240 --> 00:05:55,560 if you will turn to page 17. 74 00:05:57,120 --> 00:06:03,520 Well, let's just go let's go on to 18. So 18 starts all the individual funds. 75 00:06:01,600 --> 00:06:07,759 Um so the general fund is the largest fund in your county and it has multiple 76 00:06:05,280 --> 00:06:13,919 departments. So you have multiple pages for the general fund. It starts on page 77 00:06:09,600 --> 00:06:17,600 18 and goes through page 21. Um the revenues are in more detail here. So on 78 00:06:15,919 --> 00:06:21,440 the front page you only got a total for revenue and a total for expense. Back 79 00:06:19,840 --> 00:06:25,520 here you get the detail of where the bulk of the revenue comes from. So you 80 00:06:23,680 --> 00:06:30,560 can see the general fund total revenue collected was 39 million and you 81 00:06:27,680 --> 00:06:34,479 budgeted 35 million which is what we would expect. You budget conservatively 82 00:06:32,400 --> 00:06:38,720 on the revenue side. So you brought in 4 million more than you anticipated. Your 83 00:06:36,880 --> 00:06:43,199 expenditures as you go down you'll see the budgets for each of the departments. 84 00:06:40,960 --> 00:06:47,199 The Kansas budget law applies to the fund in total. So if you have a 85 00:06:45,280 --> 00:06:52,639 department that over spent their budget that is not a budget violation. Only if 86 00:06:49,919 --> 00:06:56,160 the total general fund was overbudgeted. So there was no budget violation, but 87 00:06:54,560 --> 00:07:00,800 you will see there are a couple of categories where we did spend more than 88 00:06:58,479 --> 00:07:04,000 what was budgeted initially and I always pick on the commissioners because it 89 00:07:02,080 --> 00:07:07,440 always shows up first. So this year the county commission was actually 90 00:07:05,120 --> 00:07:13,360 overbudget 132,000. There must have been something unusual that you did this 91 00:07:09,599 --> 00:07:16,639 year. Um and then if you go down all the departments you can see that the rest of 92 00:07:15,039 --> 00:07:22,080 them they're either positive or negative as they go through the calculation. And 93 00:07:19,440 --> 00:07:27,440 then on page 21 at the bottom, you'll see the general fund in total was under 94 00:07:24,240 --> 00:07:31,599 budget $1.8 million. So definitely under budget. 95 00:07:29,599 --> 00:07:36,160 The rest of the pages until the federal part are individual paid for each fund. 96 00:07:33,919 --> 00:07:38,800 So page 22 is the health fund and then and we just go through all the funds and 97 00:07:37,599 --> 00:07:43,599 I won't go through each of those individually. 98 00:07:41,360 --> 00:07:49,319 If we go to the back of the report, the federal audit reporting starts on page 99 00:07:46,319 --> 00:07:49,319 54, 100 00:07:50,400 --> 00:07:55,440 there are two additional reports we're required to issue. The first one is on 101 00:07:53,919 --> 00:08:00,240 yellow book or government auditing standards. When your entity is subject 102 00:07:57,919 --> 00:08:04,800 to federal audit, you are required to comply with yellowbook. What that really 103 00:08:02,400 --> 00:08:07,919 means is our team has to be trained in yellowbook and no one can work on your 104 00:08:06,319 --> 00:08:11,919 job that hasn't had the required governmental training. So that's 105 00:08:09,680 --> 00:08:16,400 additional standards on our side. The independence becomes even more critical. 106 00:08:14,319 --> 00:08:20,879 And so there's some met metrics that our us as a firm or any CPA firm have to 107 00:08:18,800 --> 00:08:24,639 meet. It doesn't really change much on the county side other than we're looking 108 00:08:22,400 --> 00:08:28,720 at the controls over the federal money. So if we found there were deficiencies 109 00:08:26,639 --> 00:08:33,680 or material weaknesses, they would be cited here. We did not. So it's clean 110 00:08:30,720 --> 00:08:38,560 report. The second federal report on page 56 has to do with the federal 111 00:08:36,000 --> 00:08:43,200 programs we test. So, as I mentioned, we tested WIC. If we had had findings in 112 00:08:41,440 --> 00:08:48,320 our audit work, they would be listed in this report, but it is a clean report. 113 00:08:45,120 --> 00:08:52,240 There were no findings. Page 58 is a summary of your federal 114 00:08:50,560 --> 00:08:58,720 expenditures. So, you can see you were just barely over that $1 million 115 00:08:54,399 --> 00:09:04,399 threshold this year. Um, as a KAG accounting organization, we are required 116 00:09:01,519 --> 00:09:08,160 to test 40% of your federal expenditures because you're considered you're not 117 00:09:06,000 --> 00:09:13,120 considered a low-risk audit just because you don't follow GAP. So, we tested WIC 118 00:09:10,959 --> 00:09:19,279 and that got us our 40% coverage that we needed to uh meet the standard. And then 119 00:09:16,399 --> 00:09:24,080 finally on page 60 is our findings and question cost. As I mentioned, we did 120 00:09:21,519 --> 00:09:27,839 not have findings. Um, we actually we did test your aging cluster as well. I'd 121 00:09:26,080 --> 00:09:32,240 kind of forgotten that. Uh, we tested your aging cluster. So, we went over to 122 00:09:29,600 --> 00:09:38,320 the food uh to the aging center, the senior center, and we tested the uh 123 00:09:35,040 --> 00:09:42,399 title three food. So, we did test two programs this year to reach that 124 00:09:39,680 --> 00:09:47,600 coverage and no findings in that program either. 125 00:09:45,040 --> 00:09:51,360 » Any questions? >> Basically, it's a pretty good audit. 126 00:09:49,440 --> 00:09:55,120 » Yes, we worked with Jennifer. So, as you know, in the past, um, Janet was our 127 00:09:53,680 --> 00:09:58,720 primary contact when we first started working with Barney, and then we created 128 00:09:56,880 --> 00:10:02,399 a position for the budget and compliance person, Jennifer. And so, she's our 129 00:10:00,640 --> 00:10:06,560 primary contact as far as getting us the information that we need for the audit. 130 00:10:03,760 --> 00:10:10,959 And then Fran is also involved. Um, and most of our counties that have an 131 00:10:08,480 --> 00:10:15,360 administrative type position or a financial 132 00:10:13,360 --> 00:10:18,399 person, that's how it operates. The county clerk deals more with the 133 00:10:16,560 --> 00:10:21,839 elections and does those things and your financial person deals with the audit 134 00:10:20,000 --> 00:10:25,760 which works great for us. >> One thing people a lot of people don't 135 00:10:24,240 --> 00:10:29,279 or not a lot but some people don't know that we do the collective but we also do 136 00:10:27,519 --> 00:10:33,200 dispersing and that's when you're talking about the other entities that 137 00:10:31,279 --> 00:10:37,120 say oh the county brought in whatever 100 million you know what is 100 138 00:10:35,200 --> 00:10:42,160 million. Well you look at it there's the cities there districts whatever is there 139 00:10:40,160 --> 00:10:46,160 is being sent out so it really reduces what we're really operating on. 140 00:10:43,839 --> 00:10:50,800 » Yes. So page 53 gives you the total of 86,481 that doesn't belong to you and it 141 00:10:49,040 --> 00:10:57,600 breaks it down by the difference. >> That's right. Thank you. Any other 142 00:10:53,519 --> 00:10:59,200 questions? I'll take you. >> Thank you. 143 00:10:58,079 --> 00:11:03,920 » All right. Thank you. >> Thank you. Sorry I already missed you 144 00:11:01,040 --> 00:11:11,360 after I asked Mark. Okay. So, all righty. Uh now we'll 145 00:11:08,959 --> 00:11:14,880 go to public comment. people. You want five minutes if you come up and 146 00:11:13,279 --> 00:11:19,040 introduce yourself, say where you live, and then we all may be hold each other 147 00:11:17,279 --> 00:11:22,000 and let's hear what you have to say. Good morning. 148 00:11:20,160 --> 00:11:25,760 » Good morning, commission. Uh, I'm Mike Taylor. I'm here on behalf of the 149 00:11:23,440 --> 00:11:32,959 sellers in energy and the Wolf Creek battery energy storage project. I want 150 00:11:28,320 --> 00:11:38,000 to be very blunt with you. The repeated >> the repeated delays and now the newest 151 00:11:35,680 --> 00:11:43,600 moratorum are jeopardizing this $200 million plus project in in Levvenworth 152 00:11:40,880 --> 00:11:48,399 County. It's a project that'll pay $27 million in property tax and thousands of 153 00:11:46,560 --> 00:11:52,160 more in community benefits and scholarships. 154 00:11:50,399 --> 00:11:55,360 For almost a year now, we've worked closely with neighbors, with community 155 00:11:53,680 --> 00:11:59,839 groups, fire departments, emergency management, environmental groups, 156 00:11:56,720 --> 00:12:04,399 unions, county staff, and all of you. The Wolf Creek Best has strong support. 157 00:12:02,240 --> 00:12:08,560 The Sellers and Energy expected the best regulations to be discussed at last 158 00:12:06,959 --> 00:12:12,399 month's planning commission meeting, but the planning commission just abruptly 159 00:12:10,160 --> 00:12:16,560 ended the meeting while our item was still on the agenda. They didn't talk 160 00:12:14,320 --> 00:12:20,480 about it. Now we expected the best regulations to be adopted, talked about 161 00:12:18,639 --> 00:12:25,839 and adopted by the planning commission tonight, but because of this newest 162 00:12:22,880 --> 00:12:30,160 moratorum, we're off the agenda again. So we were prepared to submit our 163 00:12:27,519 --> 00:12:35,200 application next week to keep this project moving. Uh the fact that coupe 164 00:12:33,120 --> 00:12:39,360 rock has recommended delaying best regulations till they review them was a 165 00:12:37,440 --> 00:12:44,320 surprise development which is unnecessary. Coupe Rock was hired to 166 00:12:42,160 --> 00:12:49,839 review data center regulations, not vest regulations. And accelery has nothing to 167 00:12:47,120 --> 00:12:54,079 do with Blue Stem or Cloverleaf. So we're not quite sure why we got mixed 168 00:12:51,360 --> 00:12:58,399 into all of that. My ask is that you lift the coup rock directed moratorium 169 00:12:56,560 --> 00:13:02,320 on battery storage so the planning commission can go ahead and discuss 170 00:12:59,920 --> 00:13:08,720 those rigs tonight, hopefully get them approved. Um the delay is jeopardizing 171 00:13:06,720 --> 00:13:14,320 our project because it keeps pushing it back and as you know 172 00:13:11,279 --> 00:13:19,120 has investors and investors are looking at this going um 173 00:13:17,360 --> 00:13:24,399 this may be too risky for us to put our money into with all these delays and 174 00:13:21,920 --> 00:13:29,519 coming if it crosses into next year. Southwest Power Pool requires a massive 175 00:13:26,800 --> 00:13:34,079 deposit which is non-refundable just to stay in the game. So, I'm asking you 176 00:13:32,000 --> 00:13:35,040 please let this project move along. Thank you. 177 00:13:34,560 --> 00:13:38,279 » Thank you. >> Thanks, Mike. 178 00:13:40,000 --> 00:13:47,360 » Good morning. Good morning. >> Um, good morning. My name is Connor 179 00:13:45,360 --> 00:13:52,560 Eubanks and I am the political affairs director for Laborers Local 1290. Um, we 180 00:13:50,560 --> 00:13:56,480 represent members across the state of Kansas in the construction industry, 181 00:13:54,639 --> 00:14:00,800 including general construction, heavy heavy highway work, environmental and 182 00:13:58,560 --> 00:14:05,199 pipeline construction. Um, I'm here today to express our support for moving 183 00:14:03,040 --> 00:14:09,040 forward with the responsible reg regulatory framework for battery 184 00:14:07,120 --> 00:14:13,600 battery, excuse me, battery energy storage 185 00:14:11,040 --> 00:14:17,199 projects in Leworth County. I want to be clear. I'm not here to speak uh up to 186 00:14:15,360 --> 00:14:22,160 the technical details of the best regulations, but what I can speak to is 187 00:14:19,440 --> 00:14:26,480 the economic and workforce opportunities these uh projects can create for the 188 00:14:24,320 --> 00:14:29,920 community. Uh we understand that projects of the size need appropriate 189 00:14:28,079 --> 00:14:33,279 oversight and we support the county making sure that they're appropriate uh 190 00:14:31,680 --> 00:14:37,199 standards for safety, emergency response, infrastructure, and the 191 00:14:35,360 --> 00:14:40,639 surrounding community. We know that battery energy store 192 00:14:38,880 --> 00:14:45,600 systems are becoming an important part of our energy infrastructure that they 193 00:14:43,120 --> 00:14:48,880 can help improve grid reliability and resilience by allowing energy to be 194 00:14:47,199 --> 00:14:52,880 stored and made a available where it's needed and when it's needed. At the same 195 00:14:51,199 --> 00:14:56,480 time, we know these large scale energy infrastructure projects can provide 196 00:14:54,480 --> 00:15:00,800 significant economic opportunities for the county particularly during 197 00:14:58,399 --> 00:15:04,079 construction period. Large scale energy projects require significant 198 00:15:02,399 --> 00:15:09,440 construction work including site preparation, excavation, concrete util 199 00:15:07,360 --> 00:15:13,279 utilities and other infrastructure work. Those projects create opportunities for 200 00:15:11,120 --> 00:15:17,360 skilled workers and and can bring good construction jobs to the region. And we 201 00:15:15,680 --> 00:15:21,279 support local labor being used on projects projects such as these so that 202 00:15:19,680 --> 00:15:25,839 economic benefits stay within the community. Also, we have heard time and 203 00:15:23,920 --> 00:15:30,320 time again that property taxes are a huge issue in our communities. Projects 204 00:15:28,160 --> 00:15:35,199 like this can actually cont contribute uh substantial property tax revenue to 205 00:15:32,800 --> 00:15:39,040 the local tax base, helping support uh county services and offset the tax 206 00:15:37,360 --> 00:15:43,199 property tax burden on existing residents. We don't believe continued 207 00:15:41,600 --> 00:15:46,160 delay should be the default once the county has established appropriate 208 00:15:44,720 --> 00:15:49,120 standards. We encourage the commissioners to continue working 209 00:15:47,600 --> 00:15:52,880 towards completing the regulatory process and bringing these regulations 210 00:15:51,040 --> 00:15:56,480 forward for a vote as soon as possible so that the moratorum can end in 211 00:15:54,560 --> 00:16:00,000 responsible investment, economic development and construction 212 00:15:57,680 --> 00:16:03,600 opportunities can move forward move forward in Leworth County. Thanks for 213 00:16:02,000 --> 00:16:08,519 your time and thank you for your work on this issue. Thank you. 214 00:16:04,560 --> 00:16:08,519 » Thank you. Appreciate you guys. 215 00:16:09,680 --> 00:16:15,279 » Good morning. >> Morning. I'm Annette Null and I'm a 216 00:16:12,880 --> 00:16:19,839 Levvenworth resident. I'm with um local 101 operating engineers and we've been 217 00:16:17,519 --> 00:16:23,440 working together with um this company with other projects and I'm just here to 218 00:16:21,920 --> 00:16:28,800 say this I think this is a really good project. It puts our members to work and 219 00:16:26,399 --> 00:16:32,680 um gives back to the community. So thank you. 220 00:16:29,120 --> 00:16:32,680 » Thank you for your comments. 221 00:16:35,759 --> 00:16:39,800 » Good morning. Morning. 222 00:16:40,560 --> 00:16:48,160 » My name is Steve Hindi. I'm the president of showing animals respect and 223 00:16:44,160 --> 00:16:53,120 kindness or shark. Last April 29th, Ron Lopez told this board that animals at 224 00:16:50,320 --> 00:16:58,240 the Diamonte ranch are given water and he assured you that electric prods are 225 00:16:55,680 --> 00:17:02,800 no longer used at its rodeos. Both claims were false. There were other 226 00:17:00,480 --> 00:17:08,319 falsehoods by Mr. Lopez, but with only 5 minutes, I'll focus on those two. On 227 00:17:05,600 --> 00:17:14,880 June 19th, a shark drone recorded a badly injured steer shadow on Diamante. 228 00:17:12,480 --> 00:17:15,679 Dr. Manain also already gave you a pretty da d d d d d d d d d d d d d d d 229 00:17:15,600 --> 00:17:19,520 d d d d d d d d d d d d d d d d d d d d d d d d detailed report on his 230 00:17:16,959 --> 00:17:25,600 deplorable condition, but one point must be repeated. Shadow had no drinkable 231 00:17:22,400 --> 00:17:30,640 water in spite of the Lopez promise. Worse yet, a subsequent police report 232 00:17:28,160 --> 00:17:36,480 indicates that Lopez was there at the time. Two weeks later, Diamonte held a 233 00:17:33,840 --> 00:17:40,480 rodeo. A shark drone recorded as powerful electric prods that are 234 00:17:38,640 --> 00:17:45,440 absolutely forbidden at sanctioned rodeos were used constantly. This 235 00:17:43,440 --> 00:17:50,880 included steers being shocked in the face repeatedly. Horses were also 236 00:17:48,000 --> 00:17:54,880 shocked. Remember, Ron Lopez told you they don't use prods anymore. He stood 237 00:17:52,720 --> 00:18:00,559 here and told you that. I have proud with me today if this board wants to see 238 00:17:57,520 --> 00:18:05,919 what it does. A report filed by code enforcement officer Kyle Anderson states 239 00:18:03,440 --> 00:18:10,559 that Ron Lopez was one of the two people who gave Anderson a tour of the event. 240 00:18:09,039 --> 00:18:14,720 So while the planning and zoning department was somehow blissfully 241 00:18:12,720 --> 00:18:22,000 unaware of the abuse happening all around him, Ron Lopez knew animals were 242 00:18:17,760 --> 00:18:26,720 being shocked and more. Last April 29th, board member Reed questioned the 243 00:18:23,840 --> 00:18:32,480 difference between rodeos at Diamonte or Hill versus those in Oklahoma, Texas, 244 00:18:29,679 --> 00:18:37,120 and Kansas. A fair question. The difference is that sanctioned rodeos 245 00:18:34,480 --> 00:18:41,120 have rules. Diamonte rodeos are unsanctioned. No one holds anyone 246 00:18:39,360 --> 00:18:46,400 accountable when claims about animal care turn out to be lies. Sanctioned 247 00:18:44,160 --> 00:18:52,000 rodeos run an animal just once in a performance. The July 4th viant rodeo 248 00:18:49,440 --> 00:18:56,160 ran on animals multiple times to the point that exhausted steers repeatedly 249 00:18:54,640 --> 00:19:01,039 collapsed. Some of the very harsh events at 250 00:18:58,000 --> 00:19:05,520 unsanctioned rodeos last not for seconds as in sanctioned rodeos, but for a 251 00:19:03,200 --> 00:19:11,039 number of minutes and then they're thrown right back into the arena. A PRCA 252 00:19:08,960 --> 00:19:15,039 rodeo requires a veterinarian to be present for the whole event. 253 00:19:12,960 --> 00:19:18,880 Unsanctioned rodeos typically have no vet because they don't want to spend the 254 00:19:16,960 --> 00:19:23,200 money and they consider the animals to be disposable. 255 00:19:21,120 --> 00:19:29,039 On call vets have to be called by the very people who injured them which costs 256 00:19:25,840 --> 00:19:33,760 them more money. On call doesn't work at unsanctioned rodeos. I called two 257 00:19:31,919 --> 00:19:38,640 different phone numbers for Mr. Lopez to give him an opportunity to respond to 258 00:19:36,080 --> 00:19:43,360 our evidence but he has not called back. Shakers also reached out to the National 259 00:19:40,720 --> 00:19:48,720 Coordination of Cheria, but again, no response. On April 29, Commissioner Reed 260 00:19:46,640 --> 00:19:53,440 correctly said that education about these events is important. Dr. Joan 261 00:19:51,360 --> 00:19:58,160 Mann, a licensed large animal veterinarian, an expert, has given you 262 00:19:56,320 --> 00:20:03,200 truthful information, and she has largely been ignored. This isn't a 263 00:20:00,640 --> 00:20:08,000 matter of one person saying it. Now, there's an actual video record. This 264 00:20:06,000 --> 00:20:12,640 continued abuse was completely predictable. Shadow is an indicator of 265 00:20:10,559 --> 00:20:17,280 what has happened in the past and what will happen going forward. I've 266 00:20:14,720 --> 00:20:23,200 investigated rodeos for more than 33 years, both American and Mexican. I was 267 00:20:20,400 --> 00:20:27,760 at a steering event in Washurn, Missouri just last Sunday, and as usual, multiple 268 00:20:26,000 --> 00:20:32,000 animals were injured and there was no vet care. Anyone who can't see the 269 00:20:30,080 --> 00:20:39,039 pattern probably shouldn't be in public service. Steer tailing has the most 270 00:20:35,039 --> 00:20:43,039 injuries and deaths by far of any rodeo, Mexican or American. Steer tailing 271 00:20:41,520 --> 00:20:48,159 shouldn't be allowed any more than fighting or bull fighting. We're told 272 00:20:45,200 --> 00:20:53,039 this is culture. Well, whaling is an ancient culture and Norway and Japan 273 00:20:50,559 --> 00:20:58,480 still kill whales today, but Norwegian and Japanese immigrants don't get to 274 00:20:55,280 --> 00:21:02,480 kill whales in US waters. Bull fighting, dog fighting, and stallion fights are 275 00:21:00,799 --> 00:21:07,760 legal in some parts of the world, but not here. That's not disrespecting 276 00:21:04,799 --> 00:21:13,120 culture. That's prohibiting cruelty. Sheriff Dedi has told us he opposes this 277 00:21:10,080 --> 00:21:18,080 abuse. Good for him, because it violates Kansas anti- cruelty laws. At the 278 00:21:15,840 --> 00:21:23,120 minimum, the permit for Diamonte should be immediately suspended pending further 279 00:21:20,720 --> 00:21:29,520 investigation by this board if need be with an ad hoc committee. This criminal 280 00:21:26,000 --> 00:21:33,360 abuse will not stop until you act. Feel free to contact me at any questions with 281 00:21:31,760 --> 00:21:38,559 any questions at info at sharponline.org. 282 00:21:35,120 --> 00:21:42,679 Unlike Mr. Lopez, I will respond. Thank you. Excuse me, sir. 283 00:21:45,120 --> 00:21:52,080 » Have you forwarded a copy of what you just gave us? Have you forwarded to the 284 00:21:50,559 --> 00:21:57,039 commissioner's office? >> To the commissioner's office? to us. Do 285 00:21:55,120 --> 00:22:00,320 I have to send a copy of what you just >> you know I don't know I did the sheriff 286 00:21:59,120 --> 00:22:03,039 » I would like to have a copy if that's possible 287 00:22:01,120 --> 00:22:07,679 » I promise you will receive it very quickly today anything else 288 00:22:06,080 --> 00:22:11,760 » I would I would like to ask you a couple questions 289 00:22:09,440 --> 00:22:18,640 » so a couple of the things that I heard in debate um as we've been dealing with 290 00:22:15,360 --> 00:22:24,799 this issue the last couple years that I've been here um are that if there was 291 00:22:22,880 --> 00:22:27,919 criminal activity be going on. The sheriff's office would be bringing 292 00:22:26,320 --> 00:22:36,960 charges through the county attorney's office. Can you speak to that? 293 00:22:30,880 --> 00:22:42,559 » Yeah. Uh I'm glad you asked. Um we have tried to talk to both the sheriff's 294 00:22:38,960 --> 00:22:48,799 office and the uh and the and the uh county attorney. And in fact, I was this 295 00:22:45,679 --> 00:22:53,360 is my first time back since the July 4th event. I came and tried to actually file 296 00:22:51,679 --> 00:22:58,559 a report with the sheriff's office yesterday and they said that they've 297 00:22:56,720 --> 00:23:04,640 already got it under investigation. They would not take my report, which I found 298 00:23:01,760 --> 00:23:11,200 hot. I actually pushed without trying to be univil. I pushed um 299 00:23:09,039 --> 00:23:14,880 and I understand it's been said before that if you know it's in the sheriff's 300 00:23:12,880 --> 00:23:19,600 hands and if some if something's wrong, you know, the the prosecutor will deal 301 00:23:16,799 --> 00:23:23,120 with it. Take a look at the video. You'll see them shocking the animals 302 00:23:21,360 --> 00:23:28,080 over and over and over, including in the face. You'll see animals collapsing. You 303 00:23:26,000 --> 00:23:34,400 know, whatever the authorities do or do not do, the video speaks for itself, 304 00:23:31,600 --> 00:23:37,679 which is why my organization focuses on video. You can have an animal expert 305 00:23:36,320 --> 00:23:42,080 here telling you the truth and everything, but in when you see it with 306 00:23:39,520 --> 00:23:46,640 your own eyes, you see animals going down over and over again, horses, steers 307 00:23:44,559 --> 00:23:51,840 getting shot, it it you know it it is what it is. 308 00:23:50,159 --> 00:23:57,200 » So, you're stating that the sheriff's office would not let you file a report. 309 00:23:54,720 --> 00:24:03,360 » That is what I was told. I was given a little postcard size piece of paper to 310 00:24:00,400 --> 00:24:08,000 fill out my name, what I was there for, blah blah blah. 311 00:24:05,360 --> 00:24:13,919 gave it to the lady at the at the desk, building right across the street, window 312 00:24:10,159 --> 00:24:18,080 on the right side, and uh she came and you called some people, got back to me 313 00:24:16,400 --> 00:24:23,200 and said, they said, "It's under investigation already. We're good." I 314 00:24:20,720 --> 00:24:27,520 said, "I was the drone pilot. I saw it firsthand. 315 00:24:24,799 --> 00:24:31,840 I really want to make a report." She went back, made some more calls, came 316 00:24:29,440 --> 00:24:35,279 back to me, and said, "We're good. 317 00:24:34,080 --> 00:24:39,840 Okay. Thank you. >> Thank you. Excuse. What date is that? 318 00:24:38,240 --> 00:24:42,080 » What day were you there? >> You have a date at the sheriff's office 319 00:24:41,440 --> 00:24:44,480 yesterday. >> And And who you talked to? 320 00:24:44,000 --> 00:24:50,000 » Sorry. >> You have a date. And who you talked to? 321 00:24:48,000 --> 00:24:53,360 » Uh I was at the sheriff's office yesterday. 322 00:24:51,120 --> 00:24:56,720 » No. No. Who's the Who's the person you spoke to? 323 00:24:54,000 --> 00:24:59,440 » The lady the lady at the front. I I I didn't get her name. Okay. Thought it 324 00:24:58,400 --> 00:25:03,200 would be rude. >> And the date? 325 00:25:01,279 --> 00:25:07,600 » Yesterday. September 8th. >> So, you're saying that you you asked to 326 00:25:05,200 --> 00:25:12,480 file a report yesterday? >> Yes. And you didn't get any any uh 327 00:25:10,880 --> 00:25:17,840 encouragement from that. Okay. >> Right. I had a conversation with the 328 00:25:14,640 --> 00:25:21,200 county attorney last week and he said he said I basically operate off of police 329 00:25:19,679 --> 00:25:25,679 reports. It's not the first time I've heard a a prosecutor or county attorney 330 00:25:23,279 --> 00:25:30,799 tell me that. I said, you know, okay. So, that that's why I went in yesterday. 331 00:25:27,760 --> 00:25:35,840 We have I mean we've got video of of the incidents uh you know some of the videos 332 00:25:32,799 --> 00:25:40,640 up on the on YouTube Facebook people have seen it all over but if they want 333 00:25:38,559 --> 00:25:45,760 us to go through those particular portals we will do that. Now I did they 334 00:25:43,120 --> 00:25:52,720 gave us me a portal to give them video footage of Shadow the Steer uh from June 335 00:25:49,760 --> 00:25:57,520 20th June well 19th and 20th. I was there 2 days watching them. But uh we 336 00:25:55,760 --> 00:26:04,400 hadn't actually given them a you know through their portal 337 00:25:59,679 --> 00:26:07,840 the rodeo yet. But uh if we get a portal if I can make a report all this you know 338 00:26:06,320 --> 00:26:12,000 we're happy to do whatever they want us to do. 339 00:26:10,000 --> 00:26:15,279 » So I'm sorry just to clarify they instructed you to submit something 340 00:26:13,600 --> 00:26:18,400 through a portal >> or 341 00:26:16,400 --> 00:26:20,159 » they did in the case of shadow. >> Okay. 342 00:26:18,640 --> 00:26:25,520 » In the case of shadow I was provided with a portal. I sent our video footage 343 00:26:22,480 --> 00:26:26,960 through to them. Uh it's their official way of doing things. 344 00:26:26,640 --> 00:26:30,320 » Okay. >> I just have not had we don't have the 345 00:26:29,039 --> 00:26:36,080 opportunity. They have to give us another portal for the July 4th event. 346 00:26:33,520 --> 00:26:39,760 And uh we don't have it. >> Gotcha. 347 00:26:37,200 --> 00:26:44,720 » I think from a layman's perspective here, 348 00:26:41,279 --> 00:26:49,039 uh is there a I'm sorry, did you finish? >> No, I'm good. Yeah. 349 00:26:46,400 --> 00:26:55,120 Um, is there a commit that you're that you're supposed to to have before you 350 00:26:51,840 --> 00:26:59,039 can take footage of anyone's property? No. No. No matter what. Is is there 351 00:26:57,279 --> 00:27:02,080 something that is it legal? Is it not? No expectation 352 00:27:01,679 --> 00:27:06,320 process. >> How does it how does it work? 353 00:27:03,360 --> 00:27:13,279 » I'm a I hold a uh a certificate with from the FA. It's called a part 107. 354 00:27:09,279 --> 00:27:18,960 It's basically a drone permit. and uh airspace unless unless the FAA has 355 00:27:15,679 --> 00:27:25,120 declared it to be uh you know special use or prohibited or something like that 356 00:27:21,279 --> 00:27:30,080 drone the the drone is able to fly well there are certain rules but no rules 357 00:27:27,440 --> 00:27:35,840 were broken I can assure you on either the shadow matter or the rodeo and yes 358 00:27:33,760 --> 00:27:39,360 you can now if that drone was being used to peep in people's windows or something 359 00:27:37,600 --> 00:27:44,240 like that would be a different thing but it wasn't it was you know in the case of 360 00:27:41,039 --> 00:27:48,320 July for it was filming a public event. And uh in the case of Shadow, in the 361 00:27:46,480 --> 00:27:53,919 case of Shadow, I didn't anticipate. I was there for a 362 00:27:51,279 --> 00:27:58,080 preliminary flight, check out what things look like and how we were going 363 00:27:55,200 --> 00:28:02,960 to operate on July 4th. And I happened to find Shadow. Wasn't something I 364 00:28:01,520 --> 00:28:07,679 anticipated. It wasn't something I wanted to see cuz I can't unsee it. So, 365 00:28:06,080 --> 00:28:13,919 so you were called there for that specific duty of checking out that 366 00:28:10,960 --> 00:28:18,480 particular rock rodeo. Is that >> were you called specifically to come and 367 00:28:15,760 --> 00:28:23,440 check out that particular rodeo? We chose to come to that rodeo. We have 368 00:28:21,120 --> 00:28:29,760 been dealing with unsanctioned private rodeos in Illinois 369 00:28:26,640 --> 00:28:33,600 for the last 5 years. There were there were a lot more than there were are in 370 00:28:31,279 --> 00:28:37,840 Kansas five, you know, five years ago in Illinois. We went and we started 371 00:28:35,520 --> 00:28:42,480 documenting those rodeos, all the violations and the terrible cruelty that 372 00:28:40,000 --> 00:28:46,720 goes on. And over the last five years, we basically knocked them out of 373 00:28:43,919 --> 00:28:50,720 Illinois. And it was always our plan to branch out from there because cruelty is 374 00:28:48,399 --> 00:28:55,440 cruelty wherever it's happening. And now we're in Kansas. 375 00:28:53,200 --> 00:29:01,360 » Yeah. Now we're in Kansas. >> Something else that I have been trying 376 00:28:57,919 --> 00:29:09,840 to figure out and uh feel free to disagree with me obviously. Um 377 00:29:05,200 --> 00:29:15,600 the uh federal animal welfare act as I understand it doesn't like excludes 378 00:29:12,399 --> 00:29:22,240 rodeo animals basically. >> We wish the animal the federal act 379 00:29:17,840 --> 00:29:28,640 included rodeos. It does not. >> Do you have an idea more than I know of 380 00:29:25,840 --> 00:29:32,320 why that is? >> No idea at all. 381 00:29:31,600 --> 00:29:36,679 » Thank you. >> Thank you. Okay, I hear 382 00:29:38,880 --> 00:29:46,080 » morning Julie DS uh Shauny County. Uh I just 383 00:29:44,080 --> 00:29:51,919 wanted to answer Commissioner Reed's question or give you a little insight 384 00:29:48,159 --> 00:29:56,880 because I lived as you know and and honestly dealing with it for a few 385 00:29:53,760 --> 00:30:04,880 years. I've been here for 20 years testifying about this issue. 386 00:30:00,080 --> 00:30:10,640 um is that the sheriff's office because I lived right across from one of 387 00:30:07,440 --> 00:30:15,679 from one of these sites. I called for 20 years the sheriff's department. I have I 388 00:30:13,679 --> 00:30:22,559 have video of standing on the road with deputies as we look at these events and 389 00:30:18,559 --> 00:30:27,360 I have deputies saying to me, "This is a business." 390 00:30:24,399 --> 00:30:32,000 And as I've said before, I had to pay for research, which I felt the county 391 00:30:29,279 --> 00:30:38,640 should have paid for, to investigate what was going on at these events. 392 00:30:35,279 --> 00:30:44,720 They're highly profitable events that sell admission fees. I have a photo by 393 00:30:42,640 --> 00:30:50,080 my house where there's about a thousand people 394 00:30:46,720 --> 00:30:56,320 there, but I could only take photos from the road. So when we say the sheriff can 395 00:30:53,039 --> 00:31:01,440 could not not once had I ever called even with commissioner Steve Steven been 396 00:30:58,320 --> 00:31:08,559 at an event who got charged not once did a sheriff go on site that 397 00:31:05,200 --> 00:31:13,600 I'm aware of because they say it's code issue. So I spent 20 years being told, 398 00:31:11,600 --> 00:31:18,720 including by members of the county, to call the sheriff, call the sheriff, the 399 00:31:16,080 --> 00:31:23,039 sheriff comes or the deputies and say we can't do anything because it's a code 400 00:31:21,200 --> 00:31:27,039 violation. So the, you know, I'm just explaining. 401 00:31:24,799 --> 00:31:32,559 So the assumption that this has to be criminal, if they can't go on the 402 00:31:29,760 --> 00:31:39,760 property, then it's never going to be discovered of anything. 403 00:31:35,679 --> 00:31:44,240 Um, I did want to say if you look over these meetings for a couple of years, we 404 00:31:42,399 --> 00:31:51,440 have been very clear about the need for a vet. In fact, I preempted my old 405 00:31:48,240 --> 00:31:58,480 neighbor last time on July 1st by coming up here and and stating that they will 406 00:31:56,480 --> 00:32:05,120 come up and say they can't afford this vet. But I paid a lot of money to get 407 00:32:01,840 --> 00:32:10,640 ads again that showed they were making tens of thousands of dollars. And 408 00:32:08,080 --> 00:32:16,559 frankly, the commissioners, you let them continue with these on call vets. 409 00:32:14,320 --> 00:32:21,440 And you did change when I preempted this. You did tell my former neighbor 410 00:32:19,519 --> 00:32:27,039 that he had to have a vet. And he said, "Well, if I have rodeos, I will." One of 411 00:32:24,960 --> 00:32:32,080 my other objections and I think it's very important for the commissioners to 412 00:32:29,600 --> 00:32:37,679 understand as well as planning and zoning 413 00:32:33,679 --> 00:32:42,960 is my neighbor for 20 years would say this is a private event and there'd be 414 00:32:40,320 --> 00:32:47,919 hundreds of cars there. And so what happens when it's called a 415 00:32:45,200 --> 00:32:52,720 private event? Not one time did a sheriff or a deputy stop it. Not one 416 00:32:51,120 --> 00:32:58,000 time. hundreds of people, thousands of people, 417 00:32:55,760 --> 00:33:04,320 family event, you got to get through that loophole that has to be noted 418 00:33:01,200 --> 00:33:09,360 cuz it's a huge loophole. And and and my neighbor was very aware. He would say 419 00:33:06,399 --> 00:33:13,600 it's a wedding. It's a family party and there would be 100 cars. 420 00:33:11,679 --> 00:33:20,159 The other thing is when the bull was found, there was no papers. There was no 421 00:33:17,120 --> 00:33:25,679 that I'm aware of Coggins testing. The counties addressed that. 422 00:33:22,480 --> 00:33:30,640 In fact, I believe county administrator uh Mr. Laughrey had said in one of his 423 00:33:28,720 --> 00:33:35,760 notes that that I looked through just the other day that we will do what we 424 00:33:34,000 --> 00:33:44,240 need to do when there was an outbreak I believe in Sedick County. 425 00:33:38,240 --> 00:33:48,159 So, I'm not aware and this was addressed uh what were Cogen Coggin's papers 426 00:33:46,640 --> 00:33:54,080 taken? Who who got those from the county? Who 427 00:33:50,640 --> 00:33:57,760 knows that that was done? I'm not aware of it. 428 00:33:55,840 --> 00:34:02,399 I want to end with the planning and zoning. 429 00:33:59,519 --> 00:34:09,520 I had information that I felt the county blocked. I filed the lawsuit. 430 00:34:06,080 --> 00:34:16,079 I moved. I had to drop it. I I have detailed documentation on how 431 00:34:12,720 --> 00:34:21,520 hard of a fight this has been. Planning and zoning had been 432 00:34:18,560 --> 00:34:30,079 particularly difficult in in certain respects. And that report 433 00:34:25,040 --> 00:34:36,240 they filed was absolutely incredulous. It was one paragraph or two paragraphs. 434 00:34:33,440 --> 00:34:41,399 Everything looked good when we know what was happening. Thank you so much. 435 00:34:38,399 --> 00:34:41,399 Pleasure. 436 00:34:42,320 --> 00:34:45,720 » Come on down. 437 00:34:47,760 --> 00:34:56,639 Morning. >> Good morning. Um, Jim Carl, Reno 438 00:34:53,760 --> 00:35:02,160 Township. I'm here uh on behalf of Citizens Against Blood. Later today at 439 00:34:59,520 --> 00:35:07,520 5:30 this evening, the county planning commission is scheduled to vote on case 440 00:35:05,040 --> 00:35:12,800 DEEV26-100, the proposed plan industrial technology 441 00:35:10,240 --> 00:35:18,160 district language. Public comment on that item was closed on August the 12th. 442 00:35:15,839 --> 00:35:24,240 No com no public comment is allowed at tonight's meeting. This is why five 443 00:35:21,599 --> 00:35:29,920 members of our group are before you this morning. One after another at a meeting 444 00:35:27,119 --> 00:35:35,119 with the public is allowed to speak. We are asking the board to hear what we 445 00:35:32,079 --> 00:35:41,040 would have had said tonight, to place it on its own position on today's record 446 00:35:38,400 --> 00:35:46,960 before the evening hearing, and to be prepared to exercise its authority under 447 00:35:43,599 --> 00:35:52,800 KSA 12-757 once the recommendation reaches it. Our 448 00:35:50,640 --> 00:35:57,119 position is straightforward. We ask that this board state on today's record its 449 00:35:55,359 --> 00:36:01,240 support for continuing the public hearing on DV26DEV26-100 450 00:36:01,680 --> 00:36:11,040 to the commission's regular meeting on October 12 14th excuse me so that the 451 00:36:07,440 --> 00:36:16,640 amendments that record clearly requires can be prepared so that any vote is 452 00:36:13,760 --> 00:36:22,320 taken on a complete document. There are three reasons for this position and four 453 00:36:19,760 --> 00:36:26,720 speakers following me will address them. First, the document before the 454 00:36:24,320 --> 00:36:32,800 commission tonight is not a document the public heard on. What was tabled on 455 00:36:29,920 --> 00:36:39,520 August 12th was a 12-page draft prepared by the staff. What returns tonight is a 456 00:36:36,160 --> 00:36:44,640 15page replacement prepared by outside council dated September 4th and 457 00:36:42,240 --> 00:36:48,960 delivered with the September 9th packet which was put out late last Friday 458 00:36:46,880 --> 00:36:53,680 afternoon. It changes the noise standard, the water provisions, the 459 00:36:51,280 --> 00:36:59,200 treatment of on-site power generation and it introduces a variance provision 460 00:36:56,640 --> 00:37:06,400 that had no counterpart in an earlier draft. Second, the document read closely 461 00:37:03,599 --> 00:37:12,480 sets almost nothing. The phase development agreement appears 20 times 462 00:37:09,440 --> 00:37:17,280 in 15 pages. The sound limits, the monitoring requirements, the reports to 463 00:37:14,640 --> 00:37:21,760 the public, the financial security, and every panel in the ordinance are 464 00:37:19,359 --> 00:37:27,680 committed to that agreement. A development a development agreement is 465 00:37:24,480 --> 00:37:33,359 negotiated between county staff and the applicant after public hearings have 466 00:37:30,320 --> 00:37:39,599 closed outside of public record and in terms are not before the commission 467 00:37:35,760 --> 00:37:44,480 tonight. Third, three items the staff reporter herself contemplates are 468 00:37:41,359 --> 00:37:50,480 missing from the packet. They are no proposed findings of fact. Although two 469 00:37:47,040 --> 00:37:56,880 of the three act action options direct a recommendation beforeward with findings 470 00:37:53,119 --> 00:38:01,359 of fact. There is no draft of article 19 use tables although the staff report 471 00:37:59,599 --> 00:38:07,040 identifies them as part of that amendment and there is no redline 472 00:38:03,599 --> 00:38:12,720 comparison of the two drafts. The four speakers who follow me will address four 473 00:38:08,960 --> 00:38:17,920 of the specific specific defects that flow from those problems. The noise 474 00:38:15,280 --> 00:38:24,000 standard, the battery energy storage, decommissioning and financial security, 475 00:38:20,880 --> 00:38:29,359 and on-site power generation. Each will identify what other jurisdictions in 476 00:38:26,320 --> 00:38:34,720 this region have already adopted on the same question. Richard Paws will close 477 00:38:31,839 --> 00:38:39,119 the by restating the specific actions we are asking the board to take today. We 478 00:38:37,200 --> 00:38:44,640 are not asking the county to decide whether Levvenworth should host a data 479 00:38:41,359 --> 00:38:49,599 center. We are asking that that the protections this county adopts be 480 00:38:46,640 --> 00:38:54,320 written into ordinance where they bind every applicant equally rather than 481 00:38:52,400 --> 00:38:59,880 reserved to an agreement negotiated after the public has been excused. Thank 482 00:38:56,880 --> 00:38:59,880 you. 483 00:39:04,800 --> 00:39:11,280 Good morning, Tammy Patton, Lancing, Kansas. Good morning, commissioners. I'm 484 00:39:09,440 --> 00:39:15,920 here on behalf of Citizens Against Blue STEM to speak to the noise standard in 485 00:39:13,599 --> 00:39:21,520 the proposed plan industrial technology district ordinance. The county already 486 00:39:18,480 --> 00:39:26,640 has a noise standard. Article 27B, section 1 of the existing zoning and 487 00:39:24,079 --> 00:39:32,960 subdivision regulations applies to every planned district and provides that in no 488 00:39:29,440 --> 00:39:38,720 case shall the noise level exceed 60 dB at repeated intervals or for a sustained 489 00:39:35,920 --> 00:39:43,520 length of time measured at any point along the property line that is a 490 00:39:40,960 --> 00:39:49,440 ceiling and is measured at the property line. The revised section 6.5 would 491 00:39:46,800 --> 00:39:54,560 replace that with a different rule. It says that postdeveloped average noise 492 00:39:51,680 --> 00:40:00,480 levels may not exceed 65 dB or the pre-existing average noise levels at the 493 00:39:56,880 --> 00:40:06,320 property line. That's five dB higher than what article 27B already provides. 494 00:40:03,920 --> 00:40:10,800 It is an average rather than a ceiling and it raises with the ambient sound, 495 00:40:08,800 --> 00:40:16,720 including ambient sound created by earlier phases of the same facility. 496 00:40:13,280 --> 00:40:21,440 Neither draft repeals or reconciles 27B. So if this text is adopted, the county 497 00:40:19,200 --> 00:40:26,000 code will contain two conflicting property line noise standards with no 498 00:40:23,599 --> 00:40:29,839 rule of priority. A data center runs continuously, 499 00:40:28,480 --> 00:40:33,119 including through the night. Its principal sound signature is low 500 00:40:31,520 --> 00:40:39,839 frequency and the tonal noise is awaited. A-weed measures ignore much of 501 00:40:37,119 --> 00:40:44,960 the low frequency content. They don't fully reflect the actual sound level or 502 00:40:42,640 --> 00:40:50,800 impact of the noise. The revision recognizes this. It defines a day night 503 00:40:47,680 --> 00:40:55,920 sound level. It authorizes C- weighted and octave band measurement. It requires 504 00:40:53,680 --> 00:41:01,920 the acoustical study to address cumulative sound from all phases. It 505 00:40:58,640 --> 00:41:06,240 then assigns no number to any of them. Other jurisdictions in this region have 506 00:41:03,920 --> 00:41:11,920 already done what the revision refuses to do. Cass County, Missouri, 40 miles 507 00:41:09,680 --> 00:41:16,400 from here, adopted a sea weighted limit in April of last year. Its ordinance 508 00:41:14,480 --> 00:41:22,079 provides that the sound pressure level that is attributed to a data center 509 00:41:18,400 --> 00:41:27,359 shall not exceed 50 dB C as measured at all data center 510 00:41:25,040 --> 00:41:33,520 property lines. Cass County also caps generator testing. Testing is prohibited 511 00:41:30,319 --> 00:41:39,119 between 9 at night and 7 in the morning. It's limited to 2 hours per day and may 512 00:41:36,400 --> 00:41:44,160 occur no more than once per week. Vancome County, North Carolina adopted 513 00:41:41,280 --> 00:41:50,240 an absolute ceiling. In no one case shall a data center exceed at any time 514 00:41:47,200 --> 00:41:55,680 of day as measured at the property lines and no facility may exceed its own 515 00:41:52,800 --> 00:42:00,400 preconstruction baseline. Archabal, Pennsylvania calibrates the limit to the 516 00:41:57,680 --> 00:42:06,000 land. Project sound shall not exceed the measured construction ambient sound 517 00:42:02,319 --> 00:42:11,119 level by more than 55 dB. Adaresville, Georgia and Columbia County, Arkansas. 518 00:42:08,400 --> 00:42:15,920 Each set a lowered nighttime figure, then daytime, and each attaches an 519 00:42:13,359 --> 00:42:20,640 enforcement consequence, a monetary penalty in the first case, a misdemeanor 520 00:42:18,560 --> 00:42:25,839 with a suspension of operations in the second. Every one of these standards was 521 00:42:23,440 --> 00:42:31,200 adopted by a peer jurisdiction on foreign land of the same character. None 522 00:42:28,560 --> 00:42:36,880 is novel. We ask the board to state on today's record that any noise limits in 523 00:42:34,079 --> 00:42:41,440 the new district must be fixed in the ordinance, not in a later development 524 00:42:39,440 --> 00:42:46,480 agreement, and that a minimum they should include a nighttime standard, a 525 00:42:43,520 --> 00:42:50,319 numerical C weighted limit, and a cap on a generator testing. If the 526 00:42:48,400 --> 00:42:56,800 recommendation that reaches this board does not contain these elements, we ask 527 00:42:52,560 --> 00:43:03,480 that it be returned under KSA 12-757 with a written statement identifying 528 00:42:59,040 --> 00:43:03,480 that defect. Thank you. 529 00:43:06,800 --> 00:43:12,160 » Good morning. >> Good morning, commissioners. Morning 530 00:43:08,560 --> 00:43:17,040 Hunger Miller. I live at 21549 187th Street in Tangani in third 531 00:43:14,560 --> 00:43:21,599 district. Uh I'm here on behalf of Citizens Against Blue Stem to speak to 532 00:43:19,040 --> 00:43:27,680 battery energy storage in the proposed ordinance. The planning commission's own 533 00:43:23,920 --> 00:43:33,280 packet as it table section 6.6 tonight because outside council has not had a 534 00:43:30,240 --> 00:43:38,480 complete review of section 6.6. Section 6.6 is the battery section. It 535 00:43:36,319 --> 00:43:44,160 is where the fire and hazard provisions would live, including installation under 536 00:43:41,680 --> 00:43:49,680 the National Fire Protection Association or NFPA 537 00:43:46,319 --> 00:43:53,920 70 and NFPA 855 tier classifications, commissioning, 538 00:43:52,079 --> 00:43:59,839 decommissioning, and insurance for battery systems. NFPA7 or the National 539 00:43:57,599 --> 00:44:05,440 Electrical Code is the United States benchmark standard for safe electrical 540 00:44:02,240 --> 00:44:08,960 design, installation, and inspection. NFPA855 541 00:44:07,119 --> 00:44:14,319 is the national standard providing minimum requirements for mitigating fire 542 00:44:11,599 --> 00:44:20,319 and explosion hazards associated with stationary energy storage systems. 543 00:44:17,599 --> 00:44:25,040 Section 6.5, the planned industrial technology district section, would 544 00:44:22,560 --> 00:44:30,240 nevertheless be voted on tonight. And section 6.5, though it is not the 545 00:44:27,680 --> 00:44:36,240 battery section, addresses batteries in six separate places. Batteries are 546 00:44:32,880 --> 00:44:40,800 listed as a permitted accessory use. Batteries are inside the definition of 547 00:44:38,079 --> 00:44:46,160 backup utility generation. Batteries are inside the site the list 548 00:44:43,359 --> 00:44:50,079 of site improvements. Batteries appear in the provision that 549 00:44:47,839 --> 00:44:55,040 prohibits equipment inside required setbacks and buffers. Batteries appear 550 00:44:53,119 --> 00:45:01,119 in the provision that permits lock dimensions and setbacks to vary. and 551 00:44:58,960 --> 00:45:05,839 batteries appear in the requirement that stationary equipment demonstrate 552 00:45:02,800 --> 00:45:10,160 compliance with the sound standard. The effect is straightforward. If the 553 00:45:07,520 --> 00:45:16,240 planning commission adopts section 6.5 tonight and tables section 6.6, battery 554 00:45:13,839 --> 00:45:22,079 energy storage becomes a permissible accessory use in the new district at a 555 00:45:18,800 --> 00:45:26,160 time when no battery safety criteria are in force. The permission would be 556 00:45:24,480 --> 00:45:31,440 granted before the safeguards are written. This is not a hypothetical 557 00:45:28,800 --> 00:45:36,160 concern. Lithium ion battery installations have caused significant 558 00:45:33,520 --> 00:45:41,280 fires at data center and grid storage sites in the last several years. And 559 00:45:38,640 --> 00:45:46,079 firefighting for lithium ion fires requires specialized water suppression, 560 00:45:44,319 --> 00:45:50,640 thermal runaway procedures, and dedicated setbacks that a county fire 561 00:45:48,560 --> 00:45:55,680 district must be prepared for in advance. That is the purpose of the NFPA 562 00:45:53,760 --> 00:46:01,839 standards that would live in section 6.6. Six. Other jurisdictions treat 563 00:45:58,800 --> 00:46:06,720 batteries and data centers as a package. Cass County and Missouri regulates data 564 00:46:03,839 --> 00:46:11,599 centers, battery storage, generators, and substations together in one 565 00:46:09,359 --> 00:46:17,599 ordinance and requires that the fire and hazard provisions be in place at the 566 00:46:14,079 --> 00:46:22,319 time the use is approved. Its bond and decommissioning provisions apply to the 567 00:46:19,599 --> 00:46:26,960 battery systems. Specifically, the Kentucky Resources Council model 568 00:46:24,400 --> 00:46:32,160 ordinance likewise treats batteries as a separate use requiring its own approval. 569 00:46:30,480 --> 00:46:37,200 So, the safety criteria and the permission are decided at the same 570 00:46:34,000 --> 00:46:41,920 hearing. The straightforward fix is to hold the two sections together and act 571 00:46:39,440 --> 00:46:48,319 on them together. That is CAB's preferred outcome. If for 572 00:46:45,359 --> 00:46:53,200 any reason section 6.5 is moved forward tonight while section 6.6 6 remains 573 00:46:50,480 --> 00:46:58,240 tabled. The specific references to battery energy storage should be struck 574 00:46:55,920 --> 00:47:02,000 from section 6.5. The accessory use listing should be 575 00:47:00,000 --> 00:47:06,720 removed. Battery should be removed from the definition of backup utility 576 00:47:04,079 --> 00:47:12,400 generation and the site improvement and setback references to batteries should 577 00:47:08,800 --> 00:47:17,359 be removed until section 6.6 has been adopted. that would preserve the ability 578 00:47:14,880 --> 00:47:22,319 to add batteries once the fire and safety rules are in place without 579 00:47:19,359 --> 00:47:25,839 granting the permission. First, we ask this board to state on today's record 580 00:47:24,240 --> 00:47:29,760 that the two sections should move together or failing that that the 581 00:47:27,599 --> 00:47:36,400 battery should be struck from section 6.5 until section 6.6 is adopted. If a 582 00:47:34,240 --> 00:47:41,280 recommendation approving 6.5 with battery references intact reaches this 583 00:47:38,720 --> 00:47:46,319 board, we ask that it be returned under KSA2-757 584 00:47:44,079 --> 00:47:48,640 with a written statement identifying that defect. 585 00:47:47,599 --> 00:47:51,040 » Thank you very much. >> Excuse me, sir. 586 00:47:49,839 --> 00:47:55,040 » Yes, sir. >> Could you give me a copy of that? 587 00:47:52,880 --> 00:48:00,359 » Yes, sir. We'll ensure you get a copy. We'll ensure the entire petition. Yes. 588 00:48:06,160 --> 00:48:13,920 Uh D. Carl, Reno Township. Good morning. Uh commissioners and members of the 589 00:48:11,680 --> 00:48:18,000 planning and zoning commission. Today I want to address something that must be 590 00:48:15,520 --> 00:48:23,280 included in the approval conditions for project blue stem. What happens when 591 00:48:20,400 --> 00:48:26,800 this project ends? We have spent a great deal of time discussing what Blue Stem 592 00:48:25,119 --> 00:48:31,280 might bring to Levvenworth County. But responsible government must also ask 593 00:48:29,440 --> 00:48:35,440 what happens if the project fails, becomes obsolete, is abandoned, or the 594 00:48:33,440 --> 00:48:39,200 company is no longer capable of meeting its obligations. 595 00:48:37,200 --> 00:48:43,760 Blue Stem is not an ordinary commercial development. It could involve massive 596 00:48:41,280 --> 00:48:47,119 buildings, substations, generators, cooling systems, fuel systems, 597 00:48:45,520 --> 00:48:51,920 electrical infrastructure, and other industrial facilities. If the facility 598 00:48:49,760 --> 00:48:56,400 is abandoned, someone will have to pay to deal with it. Someone will have to 599 00:48:54,720 --> 00:49:00,559 remove the buildings and equipment. Someone will have to properly dispose of 600 00:48:58,480 --> 00:49:03,920 fuels, batteries, refrigerants, coolants, and other materials. And 601 00:49:02,559 --> 00:49:09,359 someone will have to address environmental contam contamination if it 602 00:49:06,960 --> 00:49:13,280 exists. And someone will have to restore the property. I am asking this 603 00:49:11,440 --> 00:49:18,800 commission to make certain that someone in in is not the taxpayer of Levvenworth 604 00:49:16,240 --> 00:49:22,640 County. Therefore, I ask that blue stem approval contain these specific 605 00:49:20,400 --> 00:49:26,319 conditions. First, require a decommissioning and site restoration 606 00:49:24,559 --> 00:49:31,520 plan. It should be submitted and approved before any construction permit 607 00:49:28,720 --> 00:49:36,000 is issued and identified, what must be removed, and how the property will be 608 00:49:33,359 --> 00:49:40,880 restored. Second, clearly define abandonment. If operations permanently 609 00:49:38,400 --> 00:49:45,760 cease or cease for a specific period without an approved plan to re to resume 610 00:49:43,680 --> 00:49:50,720 or develop, the county should have the ab authority to require decommissioning. 611 00:49:48,640 --> 00:49:54,559 Third, require financial assurance before construction begins. The 612 00:49:52,800 --> 00:49:59,680 applicant should provide financial security sufficient to cover the fullest 613 00:49:56,640 --> 00:50:04,480 estimated cost of demolition, equipment removal, environmental reme remediation, 614 00:50:02,160 --> 00:50:08,720 and site restoration. and and that estimate should be 615 00:50:06,480 --> 00:50:13,359 determined solely by the developer. It should be independently prepared or 616 00:50:10,640 --> 00:50:17,520 verified should not be done by the developer and should be verified by a 617 00:50:15,440 --> 00:50:23,440 qualified third party with no financial interest in the project. Fourth, require 618 00:50:20,240 --> 00:50:28,240 a bond or sur. The county should accept only a a legally enforcable financial 619 00:50:26,160 --> 00:50:33,200 instrument such as a shy bond, irrevocable letter of credit, escrow, or 620 00:50:30,720 --> 00:50:37,599 other security that can't actually be used if the developer fails to perform. 621 00:50:36,000 --> 00:50:42,640 Because a promise to clean up the property is not the same as money 622 00:50:39,599 --> 00:50:46,400 available to clean it up. Fifth, require periodic review. The county should 623 00:50:44,559 --> 00:50:50,800 review the decommissioning cost at least every 5 years and increase the financial 624 00:50:48,960 --> 00:50:55,920 assurance whenever necessary to keep pace with the actual cost and inflation. 625 00:50:53,680 --> 00:51:00,800 Sixth, make these obligations survive any transfer. If blue stem is sold, 626 00:50:58,640 --> 00:51:04,880 transfer transferred, merged, or operated by another company. The 627 00:51:02,400 --> 00:51:10,079 decommissioning and financial assurance requirements must remain binding on all 628 00:51:07,119 --> 00:51:14,400 successors and and assigns. Seventh, give the county the ability to assess 629 00:51:11,920 --> 00:51:19,280 the financial security if necessary. After appropriate notice and opportunity 630 00:51:16,480 --> 00:51:23,520 to cure if the owner fails to perform required decommissioning or restoration, 631 00:51:21,680 --> 00:51:28,000 the county should be able to draw upon the security and use those funds to 632 00:51:25,520 --> 00:51:32,480 complete the work. Most importantly, none of this should be postponed until 633 00:51:29,760 --> 00:51:36,480 after construction begins. The financial assurance should be in place before the 634 00:51:34,319 --> 00:51:39,680 first shovel goes into the ground. Commissioners, this is not about 635 00:51:37,920 --> 00:51:44,640 preventing development. It is about making development responsible. 636 00:51:42,480 --> 00:51:49,280 If Blue Stem succeeds, the developer receives the benefits. If it fails, 637 00:51:47,280 --> 00:51:53,280 becomes obsolete, or is abandoned, the developer should bear the cost of 638 00:51:51,200 --> 00:51:57,200 closing its operation and restoring the property. We should not approve this 639 00:51:55,359 --> 00:52:01,119 project and leave further future commissioners with an abandoned 640 00:51:58,720 --> 00:52:05,440 industrial facility and a multi-million dollar cleanup bill. So, please put 641 00:52:03,520 --> 00:52:09,760 these protections into Blue Stem's approval. Required removal of all 642 00:52:07,839 --> 00:52:15,280 structures, equipment, foundations, battery systems, and fuel systems with 643 00:52:11,920 --> 00:52:21,200 12 months of the sessation of operation. A third party estimate of the cost of 644 00:52:17,359 --> 00:52:26,000 removal updated every 5 years. Shy or or a letter of credit that in in that 645 00:52:24,079 --> 00:52:30,800 amount posted before the first building permit is issued. a defined term for the 646 00:52:28,880 --> 00:52:36,240 approval and a requirement that an expansion or change in power source 647 00:52:33,520 --> 00:52:39,920 return to a new approval. Because responsibility government doesn't just 648 00:52:38,240 --> 00:52:44,319 ask what happens if the project succeeds, it asks what if the project 649 00:52:42,079 --> 00:52:48,880 doesn't. For project blue stem, the answer should never be the citizens of 650 00:52:46,000 --> 00:52:52,960 Levvenworth County. We ask the board to state on today's record that 651 00:52:50,480 --> 00:52:57,599 decommissioning and financial security must be written into the ordinance 652 00:52:54,640 --> 00:53:01,920 before this district is created. not left to a later negotiation. If a 653 00:53:00,079 --> 00:53:07,359 recommendation without those provision reaches this board, we ask that it be 654 00:53:04,240 --> 00:53:13,480 returned under KSA2-757 with a written statement identifying the 655 00:53:09,359 --> 00:53:13,480 defect. Thank you. 656 00:53:16,000 --> 00:53:20,319 » Could I ask her a question? >> Sure. 657 00:53:18,960 --> 00:53:24,559 » Got a question for you. >> Oh, sorry. 658 00:53:23,280 --> 00:53:32,000 » Hi there. Good morning. >> Oh, morning. So, I had asked this 659 00:53:28,160 --> 00:53:37,920 question before in public session and uh I didn't know if your group had assessed 660 00:53:35,200 --> 00:53:43,040 those responses that I received on the decommissioning 661 00:53:40,000 --> 00:53:48,800 question. So, they basically stated, if I remember correctly, that the buildings 662 00:53:46,000 --> 00:53:56,240 would be more or less a hot commodity that they would be able to be sold and 663 00:53:51,920 --> 00:54:01,040 have new uses. And so I would just be interested in what your group would say 664 00:53:58,640 --> 00:54:03,440 to that response and I can try and send you that footage if you don't have it 665 00:54:03,040 --> 00:54:06,160 already. >> No, I understand what you're asking 666 00:54:04,720 --> 00:54:09,920 because we've also thought about that and we've heard other people recommend 667 00:54:07,680 --> 00:54:13,599 what it'll go to. Um 668 00:54:11,440 --> 00:54:17,520 I've mentioned Prescott Bulch before. He's into it. He's into these data 669 00:54:15,599 --> 00:54:21,920 centers. He does not like them in communities our size because of the 670 00:54:19,119 --> 00:54:26,880 financial repercussions that never come to fruition and we end up footing the 671 00:54:23,760 --> 00:54:31,359 bill. His recommendation is maybe a bowling alley and this is why he said 672 00:54:28,960 --> 00:54:36,319 that the ceilings in these buildings are lower than an office building. 673 00:54:33,920 --> 00:54:40,559 Uh there's no windows so there's not much you can put in there. I know 674 00:54:38,319 --> 00:54:44,559 Jacobson and Mr. Jacobson had recommended oh we'll sell it as a 675 00:54:41,920 --> 00:54:48,880 warehouse. Well, think about the complex pictures you've seen. These buildings 676 00:54:46,400 --> 00:54:52,160 are low to the ground. There's no docks put to them. If they have that, if they 677 00:54:50,960 --> 00:54:55,920 do this, they're going to have to rebuild the buildings. And there's no 678 00:54:54,240 --> 00:55:02,480 place for a semi to pull in, turn around, back up, and deliver. So, there 679 00:55:00,079 --> 00:55:08,160 aren't when you talk when you look at industry experts and I'm and it's um I 680 00:55:06,160 --> 00:55:11,599 can't remember the name of it right now. They say nothing. There's nothing you 681 00:55:09,920 --> 00:55:16,240 can put into these buildings. And because of the toxicity of the ground 682 00:55:13,280 --> 00:55:21,680 surrounding them after in an operation, you can't you can't grow crops. You 683 00:55:19,359 --> 00:55:25,599 can't put homes on these areas until this is all redone because it'll be so 684 00:55:24,720 --> 00:55:26,800 toxic. >> Okay. Thank you. 685 00:55:26,400 --> 00:55:31,319 » Mhm. >> Thank you. 686 00:55:28,240 --> 00:55:31,319 » All right. 687 00:55:34,720 --> 00:55:38,640 » Good morning. >> Good morning. 688 00:55:36,160 --> 00:55:44,400 » Kim Calbert, Tonga. Um I'm here on behalf of uh citizens 689 00:55:41,440 --> 00:55:51,040 against blue stem to talk about as usual on-site power generation. Now the 690 00:55:47,200 --> 00:55:56,640 proposed ordinance defines two different things. Backup utility generation is the 691 00:55:54,400 --> 00:56:02,079 equipment that quote automatically activates to provide electricity during 692 00:55:58,720 --> 00:56:08,799 a main electric power line outage and in the tech own words does not include 693 00:56:05,040 --> 00:56:14,960 equipment operated as primary routine merchant bridging or continuous power 694 00:56:11,599 --> 00:56:21,280 source. It also defines a power generation facility and that is defined 695 00:56:18,079 --> 00:56:26,880 as any on-site or associated facility other than backup utility generation 696 00:56:24,000 --> 00:56:33,280 that generates electricity on a primary routine bridging merchant utility scale 697 00:56:30,240 --> 00:56:39,839 or non-emergency basis. The first is standby equipment. The second's a power 698 00:56:35,760 --> 00:56:44,720 plant. The uh second is also defined in the ordinance as I've mentioned and as 699 00:56:42,079 --> 00:56:50,880 I've described, but it's never permitted anywhere else. There is no other 700 00:56:47,359 --> 00:56:56,480 reference to a power plant or this particular power generation facility 701 00:56:54,000 --> 00:57:01,520 anywhere in the ordinance. Um it does not appear in any of the three use 702 00:56:58,240 --> 00:57:08,559 lists. The prohibition in subsection 7E says that any use not expressly listed 703 00:57:04,799 --> 00:57:12,559 as permitted or accessory is prohibited. So you you might not be able to do this 704 00:57:11,040 --> 00:57:18,799 anyway because it could already not be in the 705 00:57:14,720 --> 00:57:25,760 the lists of permitted or accessory use. Um but the accessory list does mention 706 00:57:22,640 --> 00:57:30,880 power supply and other uses including including utilities normally auxiliary 707 00:57:28,319 --> 00:57:38,160 to the permitted use. Whether an applicant may build a generating station 708 00:57:33,760 --> 00:57:41,599 in this district ought not to turn on a side thought of an oh this is an 709 00:57:40,000 --> 00:57:48,160 auxiliary. Okay. It's it should be addressed 710 00:57:43,760 --> 00:57:53,440 completely as a power plant. The county cannot set emission limits. I think they 711 00:57:51,200 --> 00:57:59,040 could, but it doesn't work very well. The revision itself acknowledges that 712 00:57:55,440 --> 00:58:04,000 that is true. It is for that reason that sighting becomes so critical. A sighting 713 00:58:02,160 --> 00:58:09,200 decision here will matter because it's the only instrument bearing on public 714 00:58:06,000 --> 00:58:15,200 health that this that this draft um actually has in it. This this 715 00:58:12,960 --> 00:58:21,760 ordinance does not have much in the way of protecting public health. 716 00:58:17,359 --> 00:58:28,559 Um and then the the revision that we're looking at coming from uh your law firm 717 00:58:25,520 --> 00:58:34,559 um actually makes it worse. It sort of narrows the ability to put in advance 718 00:58:31,839 --> 00:58:40,799 some public protections by pushing everything into the final development 719 00:58:38,079 --> 00:58:47,040 documents and being negotiated. um the single emission standards uh oh 720 00:58:44,000 --> 00:58:51,839 excuse me um the August draft produced prohibited nuclear power it's just right 721 00:58:49,680 --> 00:58:58,079 out and then now it doesn't have the nuclear power prohibition in it the 722 00:58:54,720 --> 00:59:04,400 single emission standards that remains uh to that's in there is applies only to 723 00:59:02,559 --> 00:59:09,760 reciprocating internal combustion engines or rice and that alone not any 724 00:59:08,000 --> 00:59:14,240 other kind of power that means it excludes glass gas fired turbines. The 725 00:59:12,240 --> 00:59:18,720 one emission regulation that's in there doesn't cover gas turbines. Um so 726 00:59:16,880 --> 00:59:24,480 there's no forward at all for those. No emissions regulation at all for gas 727 00:59:21,440 --> 00:59:29,359 turbines. And other jurisdictions have addressed this in uh plain language. 728 00:59:27,119 --> 00:59:33,040 Kita County, Georgia disposes of the question in one sentence. 729 00:59:30,799 --> 00:59:37,760 Notwithstanding utility grid failure, no primary on-site power generation shall 730 00:59:35,200 --> 00:59:44,160 be permitted. Birmingham, Alabama puts it in three parts. No on-site generation 731 00:59:41,280 --> 00:59:48,720 can be used for primary par parallel or routine source. Fossil fuel systems are 732 00:59:46,720 --> 00:59:52,319 permitted only for emergency backup and testing. And critically, the 733 00:59:50,559 --> 00:59:56,319 classification of power generation system shall be determined by its 734 00:59:54,000 --> 01:00:01,359 intended design, not operational capacity and functional use or by 735 00:59:59,599 --> 01:00:05,760 operational capacity and functional use and not solely by the terminology used 736 01:00:03,440 --> 01:00:09,920 by the applicant. The last clause prevents a power plant from being 737 01:00:07,760 --> 01:00:14,880 reclassified as bridging or backup equipment. The pen future model adopted 738 01:00:12,559 --> 01:00:19,760 by Colombia and Alabama treats generation as a separate land use 739 01:00:17,119 --> 01:00:23,920 altogether. Cass County, Missouri reaches the same result by requiring 740 01:00:21,440 --> 01:00:28,559 that substations serve exclusively as auxiliary facilities for on-site data 741 01:00:26,079 --> 01:00:32,319 center operations and may not provide power to offsite structures or 742 01:00:30,319 --> 01:00:37,680 electrical grid. In addition of sorry, got a substitution 743 01:00:35,760 --> 01:00:41,280 here. You are hearing a number of reasons to 744 01:00:39,520 --> 01:00:46,079 re-evaluate the effectiveness of this document. We ask the board to state its 745 01:00:43,280 --> 01:00:49,920 position in public hearing. Use KSA 127757 746 01:00:47,920 --> 01:00:54,720 to exert your authority if a recommendation comes out back without 747 01:00:52,160 --> 01:01:00,240 these changes. Please be prepared to do this for the protection of the people in 748 01:00:56,880 --> 01:01:03,240 the county you serve. Thank you. COULD 749 01:01:03,520 --> 01:01:08,720 I ask you a question? >> Yeah. 750 01:01:06,640 --> 01:01:15,520 » Um, just to clarify as far as the nuclear 751 01:01:11,200 --> 01:01:21,200 power discussion point. So, does your group um what's your group's stance on 752 01:01:18,960 --> 01:01:27,839 that? I mean to be truthful I think it's 753 01:01:25,040 --> 01:01:33,119 overall generally we don't want it because we don't want the waste to deal 754 01:01:31,440 --> 01:01:36,160 with it or to have to deal with the waste 755 01:01:34,559 --> 01:01:40,480 » because from an emissions standpoint it's 756 01:01:37,040 --> 01:01:44,880 » exactly it's a matter of it's a matter of developing technology 757 01:01:42,720 --> 01:01:50,319 in the small nuclear reactor cap capacity and the other thing is that 758 01:01:50,799 --> 01:01:56,799 It's not something that can happen on the timeline that most data centers are 759 01:01:54,559 --> 01:02:05,520 after. They take a little bit longer and some of the new smaller ones are being 760 01:02:00,640 --> 01:02:10,799 kind of vetted. So right now it's no but I don't personally speaking for me 761 01:02:08,079 --> 01:02:17,359 personally I don't necessarily think it will never be an option once the 762 01:02:13,920 --> 01:02:23,920 technology that is out there to make it safer and deal with the waste more 763 01:02:20,160 --> 01:02:28,160 effectively are are proven. I just I and I but that's me. The whole group in 764 01:02:25,839 --> 01:02:33,359 general I would say is against >> So you want it to stay in gas or 765 01:02:31,680 --> 01:02:39,280 No, I don't I I I don't want the gas engines 766 01:02:36,319 --> 01:02:43,200 there at all. I don't want diesel there at all. But you know, these are 767 01:02:40,559 --> 01:02:49,760 personal. Um if the energy is 768 01:02:46,880 --> 01:02:54,559 de is is developed say within the regulations that are 769 01:02:51,680 --> 01:03:01,200 there 25% of it is from renewable sources that we stop reactivating coal 770 01:02:58,319 --> 01:03:07,920 fire generators and pay attention to the fact that g that that natural gas is 771 01:03:03,920 --> 01:03:14,319 clean burning in little tiny bitty units but on massive scales it becomes a 772 01:03:10,480 --> 01:03:20,559 hazardous this thing. So what originally was intended of course was to bring 773 01:03:16,079 --> 01:03:29,200 power in all all through a a power company. Okay. The inclusion of these 774 01:03:25,440 --> 01:03:34,079 came like in the middle of all of our discussions and 775 01:03:32,319 --> 01:03:40,000 you know sometimes it's hard to keep up with all the changes that happen. 776 01:03:36,640 --> 01:03:44,319 um it is now the industry standard to go with these gas fired generators and I 777 01:03:43,119 --> 01:03:49,119 think it's going to end up being a mistake 778 01:03:46,000 --> 01:03:54,000 based on my research what kind of pollution and issues that they can 779 01:03:51,839 --> 01:03:57,200 develop. I'm not sure there's another option 780 01:03:55,680 --> 01:04:00,079 right now. Well, that's what I was trying to 781 01:03:58,000 --> 01:04:08,240 » Well, but the thing is is if they get Okay, if EverGy gets 782 01:04:03,039 --> 01:04:13,119 the um transmission lines to the site, okay, 783 01:04:10,160 --> 01:04:19,359 then there shouldn't be a need to generate 784 01:04:16,319 --> 01:04:23,200 your own power. All you should need is your backup. 785 01:04:21,359 --> 01:04:26,559 And that's why throwing this in there throwing through us for such a loop. Our 786 01:04:24,960 --> 01:04:32,000 expectations of the power would be brought in doesn't mean overall that 787 01:04:28,960 --> 01:04:37,440 wherever that power was generated is not dirty but it would not have been here. 788 01:04:35,920 --> 01:04:42,480 » See my go. >> Sorry I didn't realize you were 789 01:04:38,960 --> 01:04:47,440 » No, I never I never shut up. >> I have the same problem. So um my 790 01:04:45,680 --> 01:04:53,680 understanding was a little bit different as far as the power plant onsite 791 01:04:51,200 --> 01:04:58,720 situation. I had heard those discussions coming from when when this was going 792 01:04:55,760 --> 01:05:04,319 through Topeka from what I remembered and so I was trying to 793 01:05:02,079 --> 01:05:07,760 like to me this was part of their idea when they built the legislation part of 794 01:05:06,799 --> 01:05:11,599 what the legis >> that's not what was communicated to us. 795 01:05:09,760 --> 01:05:15,280 » Okay. I mean, if they're if they're holding secrets in Topeka, that kind of 796 01:05:13,359 --> 01:05:19,000 proves our point, doesn't it? >> Well, thank you so much. 797 01:05:22,640 --> 01:05:30,000 » Good morning, chair. Commissioners Richard Paw, 1775 Michael's Road. And on 798 01:05:28,000 --> 01:05:34,079 behalf of CAB, I'd like to close out this presentation and restate what what 799 01:05:31,920 --> 01:05:38,880 we're asking the board to consider, to understand. And as Jim mentioned, this 800 01:05:36,400 --> 01:05:43,359 is our only ability to do it publicly because of the procedural closing of the 801 01:05:41,760 --> 01:05:47,119 public comments at the planning commission, which we felt was premature 802 01:05:45,440 --> 01:05:51,839 and not to the spirit. What was discussed during that meeting was very 803 01:05:48,960 --> 01:05:55,520 much a civil discourse. So, um, so you've heard from four 804 01:05:53,839 --> 01:05:59,119 speakers on the four specific defects in the proposed PITD ordinance, and each of 805 01:05:57,839 --> 01:06:03,119 those defects reflects the same underlying problem. 806 01:06:01,119 --> 01:06:07,039 The document fixes almost no standards in the ordinance itself. Nearly every 807 01:06:05,599 --> 01:06:11,200 substantive requirement, the sound limits, the monitoring, the reporting to 808 01:06:09,119 --> 01:06:14,720 the public, the financial security, and every penalty is committed to a 809 01:06:12,720 --> 01:06:20,000 development agree to a development agreement negotiated between county 810 01:06:17,200 --> 01:06:25,039 staff and an applicant after the public hearing is closed. So again, our purpose 811 01:06:23,119 --> 01:06:30,240 on behalf of the community is to get that public scrutiny in there. Again, 812 01:06:27,359 --> 01:06:33,920 the mission of a county government An ordinance that fixes performance 813 01:06:31,920 --> 01:06:37,920 standards binds every applicant equally and can be enforced by the county as a 814 01:06:35,920 --> 01:06:42,640 matter of right. An ordinance that promises to negotiate 815 01:06:39,839 --> 01:06:46,559 performance standards binds no one until the negotiation is complete and its 816 01:06:44,799 --> 01:06:50,640 outcome depends on the county's bargaining position at the time. And 817 01:06:49,200 --> 01:06:55,280 again, when you're faced with the multi-million billion dollar behemoth, 818 01:06:53,599 --> 01:07:01,599 you can understand why the public scrutiny is important. So the former is 819 01:06:58,880 --> 01:07:05,520 regulation which we are uh fighting for. The latter is just a placeholder. But 820 01:07:03,520 --> 01:07:10,720 again if those negotiations happen behind closed doors the county and the 821 01:07:08,000 --> 01:07:13,839 people may be at a disadvantage. So there will be three courses of action 822 01:07:12,319 --> 01:07:19,599 before the planning commission tonight and the staff report identifies them as 823 01:07:15,839 --> 01:07:23,359 action option one two and three. CAB asks two things of this board today. 824 01:07:21,200 --> 01:07:28,799 first that this board state on the today's record its support for action 825 01:07:25,680 --> 01:07:35,440 option three uh continuence to October 14th and failing that action option two 826 01:07:32,640 --> 01:07:38,720 denial of finding a fact. Uh the second action is if the planning commission 827 01:07:37,039 --> 01:07:42,559 forwards a recommendation of approval this evening, this board this board 828 01:07:40,880 --> 01:07:46,960 hopefully would exercise its authority under KSA2-757 829 01:07:45,200 --> 01:07:50,960 either to return the recommendation with a written statement of defects 830 01:07:48,559 --> 01:07:55,359 identified in our report or to override it. That's certainly within the the 831 01:07:52,640 --> 01:07:59,599 remitt of the of the governing body which is you all. Action option three is 832 01:07:58,000 --> 01:08:02,960 to continue the public hearing to another date, time and place. And again, 833 01:08:01,039 --> 01:08:06,480 I want to reemphasize that to continue the public hearing to another date, 834 01:08:04,559 --> 01:08:12,160 time, and place. It's not to say no data centers. It's to continue to public 835 01:08:08,960 --> 01:08:16,960 discussion and to have a civil discourse over what's best for the community. We 836 01:08:14,960 --> 01:08:20,880 ask specifically that the item uh to be continued to the planning commission's 837 01:08:18,719 --> 01:08:25,359 regular meeting on October 14th so that the amendments the record clearly 838 01:08:22,799 --> 01:08:29,520 requires can be prepared so that article 19 tables can be produced and so that 839 01:08:27,839 --> 01:08:33,679 any vote is taken on a completed document that the public has had an 840 01:08:31,279 --> 01:08:39,600 opportunity to be heard on and to your point um Mr. of we have a report from 841 01:08:36,960 --> 01:08:44,239 which this testimony is derived. So you'll have a complete work. So in a in 842 01:08:41,679 --> 01:08:48,480 a sense it's like staff work for you to look at. So when you get those 843 01:08:46,400 --> 01:08:51,440 recommendations, you already have a standard which the public brought before 844 01:08:50,080 --> 01:08:54,319 you. So thank you for asking that question. We 845 01:08:52,080 --> 01:09:00,719 » appreciate that. Action option two is to recommend denial of case uh deev 26100. 846 01:08:57,759 --> 01:09:06,239 Again, our first option three, not action option two, but if we can't get 847 01:09:02,560 --> 01:09:09,759 three, go for two. And then you've already heard the findings uh of the 848 01:09:08,000 --> 01:09:14,799 record which we are presenting, which would fill that out for you. So 849 01:09:12,719 --> 01:09:17,759 immediately following this meeting uh we will submit for the record the full 850 01:09:16,239 --> 01:09:22,159 written report which we will provide to you from today's testim from which our 851 01:09:19,839 --> 01:09:26,239 testimony is drawn and together include a detailed analysis documenting each 852 01:09:24,000 --> 01:09:30,319 point our speakers have raised and identifying by chapter and verse what 853 01:09:27,920 --> 01:09:34,960 peer jurisdictions as you've heard today have done and we've documented those. So 854 01:09:32,960 --> 01:09:40,480 we thank you for your time for your ability to listen and to um you know do 855 01:09:38,719 --> 01:09:42,960 your due diligence. So, thank you so much for allowing us this time to do 856 01:09:42,480 --> 01:09:46,199 that. >> Thank you. 857 01:09:49,759 --> 01:09:57,199 » I I just want to make one point just just me talking. Uh I think uh rep for 858 01:09:54,719 --> 01:10:02,080 the uh bees, they could have done we could have done that separately. 859 01:09:59,360 --> 01:10:06,719 Um I think uh there was no reason for that to be combined and that could have 860 01:10:04,800 --> 01:10:10,800 proceeded forth, you know. And a disclaimer, I own one of those fancy 861 01:10:08,400 --> 01:10:15,360 battery cars. as I understand the risks. But we actually in the August turn, we 862 01:10:12,960 --> 01:10:19,679 actually applauded the BDES regulations because it was more rigorous than the 863 01:10:17,760 --> 01:10:24,640 data center ones, especially with decommissioning 864 01:10:21,280 --> 01:10:28,159 because it had that in the BES already. So, uh I I would just throw that note 865 01:10:26,400 --> 01:10:32,400 out on a personal note that they could have been done separately and there's no 866 01:10:29,440 --> 01:10:36,239 need to delay those, but again, uh our focus has been the data center and the 867 01:10:34,400 --> 01:10:40,320 power generation and such. I just wanted to note that we're just I know people 868 01:10:38,960 --> 01:10:45,600 say we're nimbies and all that's certainly absolutely false. 869 01:10:42,480 --> 01:10:49,520 » And the fact about what you >> you know people say we're we're we're 870 01:10:47,760 --> 01:10:52,960 nimbies and that's absolutely false and the whole cliche about we're closer for 871 01:10:51,199 --> 01:10:57,120 business. Absolutely not. because here we are, business is always coming. And 872 01:10:55,520 --> 01:11:01,360 and to your point, Commissioner Reid, about warehouses, uh great point. If if 873 01:10:59,760 --> 01:11:06,640 you could >> the speaker has way exceeded his 874 01:11:05,199 --> 01:11:10,640 second five minutes now. So, >> good question on that. 875 01:11:07,600 --> 01:11:15,120 » I turned off the time. >> We'll look at that. Could be a matter of 876 01:11:12,400 --> 01:11:19,239 economic geography too about where Thank you. Thank you. 877 01:11:22,080 --> 01:11:30,640 Good morning. >> Good morning. My name is Christy Cruz 878 01:11:25,920 --> 01:11:37,600 and I am uh a neighbor of the new apparently new data center coming. Uh I 879 01:11:33,920 --> 01:11:44,000 live on Canrell and uh Highway 1. Um I have an I'm also a board member of roll 880 01:11:41,120 --> 01:11:49,440 water district 10 lworth county and I also run a business that I write uh 881 01:11:47,120 --> 01:11:54,080 grants for infrastructure for small for counties and cities all over the state 882 01:11:51,120 --> 01:11:58,560 of Kansas. um here today just as a private citizen not representing any of 883 01:11:56,320 --> 01:12:02,880 either of my other roles um and I haven't really spoken up about the data 884 01:12:00,640 --> 01:12:08,719 center because I haven't really informed myself about them enough to really have 885 01:12:05,760 --> 01:12:14,400 that much of an opinion. I watched the news. I see there's nationwide concern 886 01:12:11,440 --> 01:12:18,640 about resource use, about pollution, about toxicity, that type of thing, but 887 01:12:16,400 --> 01:12:23,600 again haven't taken time to really re reach into it. The reason I'm here today 888 01:12:21,360 --> 01:12:30,159 is because I do work with a number of counties across the state and I've seen 889 01:12:27,199 --> 01:12:35,440 them wrestling with new industry coming into the counties, wind, solar, 890 01:12:32,800 --> 01:12:40,080 batteries, um, data centers. They're all like everyone is looking at this and 891 01:12:37,199 --> 01:12:45,520 right and wrestling with what to let in and everyone has vocal populace about 892 01:12:43,360 --> 01:12:50,000 you know that mostly against it not a lot for it but I've also seen you know 893 01:12:47,520 --> 01:12:53,520 really good things done with pilot money that type of thing in these counties so 894 01:12:51,679 --> 01:12:58,400 you know developments coming and and it's not a bad thing to be able to have 895 01:12:55,920 --> 01:13:04,640 these investments what I do see is that's dangerous is having these uh new 896 01:13:02,320 --> 01:13:11,280 industries coming in unregulated And I'm very alarmed at how the 897 01:13:07,440 --> 01:13:14,960 regulation is is um proceeding here. Very, you know, no public comment. 898 01:13:13,280 --> 01:13:19,040 You're not wanting to get into the messy and you're wanting to do them very 899 01:13:16,640 --> 01:13:24,880 vague. And that's going to be a recipe for disaster for the county. Like I 900 01:13:21,600 --> 01:13:28,800 really feel like you need to have strong regulations. The county needs to 901 01:13:26,880 --> 01:13:33,120 actually develop a damn damn opinion about what you want to see and what you 902 01:13:30,960 --> 01:13:38,000 don't want to see and put it to ordinance so everything isn't written 903 01:13:35,920 --> 01:13:40,640 into contract. And the contracts are all going to be a little different. You're 904 01:13:39,440 --> 01:13:46,239 you know you're always going to have a little bit of um you know differences 905 01:13:43,520 --> 01:13:50,960 that the developers ask for something something else. But you do need to have 906 01:13:48,480 --> 01:13:54,960 strong baselines as far as what you want to see. 907 01:13:52,320 --> 01:13:59,520 um Medicine Lodge put in unregulated voted in unregulated solar and the 908 01:13:57,120 --> 01:14:03,360 counties had or counties had a mess with that. So, you know, really think about 909 01:14:01,920 --> 01:14:08,239 that. And I think that a lot of these citizens are just asking for responsible 910 01:14:05,360 --> 01:14:13,440 government, right? We want we want you guys to build laws to make us safe. You 911 01:14:11,120 --> 01:14:19,600 know, we don't want to be exclusionary. We just want to be able to um have 912 01:14:16,640 --> 01:14:25,600 industry come in in a way that is beneficial to both the industry and the 913 01:14:21,600 --> 01:14:30,880 county and and the citizensry there um to to make a good partnership. And as 914 01:14:27,920 --> 01:14:34,960 far as you know developers urging urgency and I kind of see that a little 915 01:14:32,960 --> 01:14:38,719 bit with the fact that planning and zoning is wanting to have no public 916 01:14:36,719 --> 01:14:43,199 comment about what's being passed through this evening is you know there's 917 01:14:40,320 --> 01:14:47,360 some developmental urgency. There's a lot of these projects needed. So, if for 918 01:14:45,840 --> 01:14:51,360 some reason your partners don't want to play ball because they think the county 919 01:14:48,640 --> 01:14:56,480 is taking too much time, take your time, make make informed decisions. You've got 920 01:14:53,679 --> 01:15:00,159 really um smart people here that have actually done a lot of research for you. 921 01:14:57,760 --> 01:15:05,040 So, take advantage of it. But, you know, the county should have the ordinance in 922 01:15:02,960 --> 01:15:10,320 place and that includes project blue stem. It's there is appearance of 923 01:15:07,760 --> 01:15:14,960 impropriety letting that project move forward when nothing else can without 924 01:15:12,719 --> 01:15:19,600 ordinance. That that's the other thing that alarmed me. But anyway, uh thank 925 01:15:17,920 --> 01:15:24,400 you for your time and thank you for the work that you do. Uh, oh, one other 926 01:15:22,560 --> 01:15:29,760 thing. If they we're talking about fire and that's every single client that I 927 01:15:27,440 --> 01:15:35,199 talk to that we write um fire grants, if they've got solar, we that's such a good 928 01:15:32,320 --> 01:15:40,159 argument because solar and batteries do increase uh possibility of fire. So, 929 01:15:38,880 --> 01:15:44,239 make sure that we're informed in that and make sure that we are also getting 930 01:15:42,000 --> 01:15:48,800 um accommodation for that in any of those contracts that we sign. Thanks for 931 01:15:47,120 --> 01:15:52,840 your time and thanks for all you do. >> Thank you. ANYONE 932 01:15:55,360 --> 01:16:00,960 else would like to address the governing body? 933 01:15:59,040 --> 01:16:03,960 Come on down. >> Sure. 934 01:16:06,159 --> 01:16:15,199 Good morning. Good morning. Um, I will state that I'm representing myself as an 935 01:16:12,320 --> 01:16:18,800 um an expert witness, if you will, on these subjects. And if so, if you don't 936 01:16:16,880 --> 01:16:24,800 like what I say, don't take it out on a a group of individuals or my neighbors. 937 01:16:20,960 --> 01:16:27,920 Okay. So, um, as a cancer researcher, >> what's your name? What's your name? 938 01:16:26,400 --> 01:16:29,440 » I didn't give your name. I'm sorry. >> Oh, Linda Steel. 939 01:16:29,120 --> 01:16:32,080 » Okay. >> And I live in Reno County or Reno 940 01:16:31,520 --> 01:16:34,400 Township. >> I recognize you. I couldn't place it. Go 941 01:16:33,920 --> 01:16:40,880 ahead. >> Yeah. Um, and I I work at the at the 942 01:16:37,360 --> 01:16:46,320 cellular level, whether it's cancer. Um, and I've built Faraday cages to run 943 01:16:43,520 --> 01:16:51,920 experiments to when I release catakolamine release, dopamine levels, 944 01:16:49,920 --> 01:16:56,400 and all of these things have to be in a Faraday cage because I can't have that 945 01:16:54,000 --> 01:17:03,440 outlet anywhere near this experiment because that's too much EMF. Now, inside 946 01:16:59,920 --> 01:17:08,880 a building with all of these electronics going, that's like hundreds of billions 947 01:17:07,199 --> 01:17:13,120 of hair dryers going off at once, right? 948 01:17:11,120 --> 01:17:15,920 And this is like a hurricane. If you think of, if you want to think about 949 01:17:14,320 --> 01:17:20,880 waves, think about a hurricane occurring, right? Now, not every wave is 950 01:17:18,719 --> 01:17:27,040 a problem, but the ones that crash into your ship and sink it are. So what we 951 01:17:23,600 --> 01:17:33,840 want to do what I suggested and I feel very discredited from what I've seen 952 01:17:29,679 --> 01:17:39,520 come back from cout and and that the planning and zoning wrote me down as in 953 01:17:36,480 --> 01:17:44,800 opposition of a data center when I actually stated these are safety 954 01:17:42,080 --> 01:17:50,960 measures we should put in place like she just said get these things in place they 955 01:17:47,760 --> 01:17:56,400 may an EMF getting loose may cause cancer can cause cancer 956 01:17:53,440 --> 01:18:01,360 there is statistical um probability of people working in 957 01:17:59,360 --> 01:18:07,840 these may have a higher incidence of ALS. That's that's a hor horrible 958 01:18:04,239 --> 01:18:14,400 disease. So I stated that the the building should demand that we do 959 01:18:10,320 --> 01:18:20,960 Faraday cage engineering and the tonal noise we should do the the entire um 960 01:18:18,560 --> 01:18:26,880 there's a platform that you can put them on of layers to stop any of the 961 01:18:23,679 --> 01:18:33,760 vibration from leaving the site and that the transmission lines be 962 01:18:30,000 --> 01:18:40,080 designed to mitigate the EMFs. And I did not just blatantly and I wrote 963 01:18:36,560 --> 01:18:44,960 this in in in plain language and I sent letters about it beforehand and then it 964 01:18:43,199 --> 01:18:49,840 did not end up in their paperwork from Koutach or anything else. We have 965 01:18:47,040 --> 01:18:55,840 $450,000 that supposedly was given to the county 966 01:18:53,520 --> 01:19:01,920 in good faith and our county administrator signed for this. So, they 967 01:18:58,400 --> 01:19:09,040 should be working and it states outside expert engineers. And I and I 968 01:19:05,360 --> 01:19:14,239 really want you to consider like not doing anything until you hear from the 969 01:19:11,760 --> 01:19:18,400 outside expert engineers and really review what they've said about these 970 01:19:15,920 --> 01:19:24,800 things that we've brought up. Fluff fluff language. Ignoring what we've 971 01:19:22,080 --> 01:19:28,880 said, ignoring these experts. We have a lot of we have engineers, we have 972 01:19:26,800 --> 01:19:34,000 biochemists, we have analytical chemists, we have electrical engineers. 973 01:19:31,840 --> 01:19:39,440 And if you want something new in the county, look at all these problems what 974 01:19:36,560 --> 01:19:44,640 we see. And we have now we have a grant. I have a neighbor that's now writes 975 01:19:41,120 --> 01:19:49,760 grants for counties. Let's get some environmental bonds and money in to do 976 01:19:47,360 --> 01:19:56,719 research on some of these things at a high level to get rid of PFAS and water 977 01:19:54,000 --> 01:20:03,840 to research getting different levels of energy production of cancer research of 978 01:20:00,560 --> 01:20:10,880 using the community and our skill set to bring new industry in because we create 979 01:20:07,120 --> 01:20:15,760 it here. That's really the way to make money for a community is if you create 980 01:20:13,840 --> 01:20:21,840 your industries, creating the industries, 981 01:20:18,239 --> 01:20:26,719 selling the uh ability to teach classes. P I could do pandemic responses and 982 01:20:24,400 --> 01:20:31,679 government agencies could come in and they could learn how to deal with 983 01:20:28,640 --> 01:20:36,000 pandemic responses from someone with my background. 984 01:20:33,199 --> 01:20:40,480 And anyway, I I have sent a letter requesting you take it easy. Let's 985 01:20:38,560 --> 01:20:46,159 pause. Let's think about these things. I'm also with the planning and zoning 986 01:20:42,960 --> 01:20:50,960 commission. We have experts that are not hundreds of dollars an hour to sit down 987 01:20:48,080 --> 01:20:55,120 with and discuss some things. And just because I don't feel like I should be 988 01:20:52,960 --> 01:21:00,800 considered irrelevant because of my address, I'm in 989 01:20:57,920 --> 01:21:04,719 the danger zone. So, thank you very much and thank you for your hard work. I know 990 01:21:02,320 --> 01:21:09,280 this is something bringing this in is is crazy. It just just nothing you've ever 991 01:21:07,040 --> 01:21:11,360 seen or dealt with before. So, thank you for your time. 992 01:21:10,640 --> 01:21:13,920 » Go ahead. >> Ma'am, are you saying you don't think 993 01:21:12,640 --> 01:21:20,800 you've been hurt because of your address? 994 01:21:15,440 --> 01:21:26,560 Well, they when I put I I wrote up about the Faraday cage engineering and and the 995 01:21:24,080 --> 01:21:31,840 tonal noise mitigation and the transmission line mitigation of these 996 01:21:29,199 --> 01:21:36,960 these are I'm not designing it myself. These are engineering these put these in 997 01:21:33,840 --> 01:21:41,760 place. And then when I looked at what Koutak put in for the planning and 998 01:21:38,640 --> 01:21:48,159 zoning meeting, it it didn't really state that they had evaluated what I 999 01:21:44,480 --> 01:21:54,320 said. It was not evaluated as if and it just said spoken opposition and I 1000 01:21:51,280 --> 01:21:58,320 actually gave expert testimony that I felt should be 1001 01:21:57,199 --> 01:22:02,800 evaluated. >> Thank you. 1002 01:21:59,920 --> 01:22:08,080 One of the uh things that I found interesting in this 1003 01:22:04,639 --> 01:22:12,800 is the uh I don't know if you heard where the Sierra Club representative 1004 01:22:10,080 --> 01:22:19,159 came. I think maybe during one of our initial work sessions 1005 01:22:15,280 --> 01:22:19,159 um but they 1006 01:22:21,040 --> 01:22:27,040 um I'm just reading this so I don't get it 1007 01:22:24,880 --> 01:22:32,000 wrong. The Sierra Club typically points to mainstream scientific consensus 1008 01:22:30,320 --> 01:22:36,320 such as studies from the World Health Organization or university stating that 1009 01:22:34,080 --> 01:22:40,080 these low frequency EMFs are similar to standard household appliances and do not 1010 01:22:38,320 --> 01:22:46,719 pose a documented threat to human health. Okay. So an EMF is like they 1011 01:22:44,000 --> 01:22:52,000 said that that is produces an EMF but so do I. As I said I study the ones. So 1012 01:22:49,440 --> 01:22:57,440 when my enzymes or my thought process that creates an EMF. 1013 01:22:54,239 --> 01:23:04,560 Now, having an entire building that is requiring an entire power station to run 1014 01:23:01,520 --> 01:23:10,719 is like a trillion haird dryers going, right? That is that is a whole different 1015 01:23:07,520 --> 01:23:16,880 level than the EMFs that I create. And and so you have a whole different level 1016 01:23:13,440 --> 01:23:22,000 of it's not just a a little if you think about waves on a pond, it's not just a 1017 01:23:19,679 --> 01:23:26,400 turtle making a few waves. This is this is hurricane. And so getting that 1018 01:23:24,320 --> 01:23:31,360 controlled inside a building because there are so many unknowns 1019 01:23:29,840 --> 01:23:35,120 and when you look at scientific publications if I want to say something 1020 01:23:33,280 --> 01:23:39,920 silly like I'm going to jump in the air and end up on the moon that doesn't even 1021 01:23:37,360 --> 01:23:45,840 get a scientific publications. All of these things have hundreds if dozens for 1022 01:23:42,800 --> 01:23:51,920 certain certain Parkinson's autism, 1023 01:23:48,400 --> 01:23:56,960 MS and then the uh the cancers has hundreds of scientific publications on 1024 01:23:54,000 --> 01:24:01,440 these. That means there there's a lot of unknowns and there are a lot of knowns 1025 01:23:58,639 --> 01:24:07,679 and it's very hard to separate that this disease came because of an EMF and not a 1026 01:24:04,320 --> 01:24:13,760 toxin in the water or food additive. So, so that's where you get this what's 1027 01:24:10,080 --> 01:24:21,040 causing this. But I'm saying since this is so unknown and so intense, let's put 1028 01:24:16,880 --> 01:24:28,639 the safety safety in place. Let's demand the the Faraday cage engineering, demand 1029 01:24:25,120 --> 01:24:35,199 the tonal noise decreasing. that that is my request is to put that safety the 1030 01:24:31,679 --> 01:24:39,760 safety of the community in and and figure out a way to not cause any new 1031 01:24:38,000 --> 01:24:41,760 additional problems with these. >> Thank you. 1032 01:24:40,880 --> 01:24:43,760 » Thank you. >> Thank you. 1033 01:24:42,560 --> 01:24:46,760 » Anybody else like to address the governor? 1034 01:24:48,239 --> 01:24:53,440 Anybody else like to address the governor body? 1035 01:24:51,679 --> 01:25:00,320 Okay, very good. Thank you. Appreciate all your comments. Believe me, we hear 1036 01:24:55,760 --> 01:25:04,080 you. Uh, and we read. So, I've got a bookshelf full of, uh, information in 1037 01:25:02,719 --> 01:25:12,080 there, and I do appreciate y'all getting it to us. Okay. Um, no county clerk 1038 01:25:07,600 --> 01:25:13,760 report today, Mark. Okay. Um, did you have anything, Mark, for the 1039 01:25:13,360 --> 01:25:17,280 group? >> I don't. 1040 01:25:16,239 --> 01:25:24,560 Do you have anything? >> No, I do not. 1041 01:25:20,320 --> 01:25:31,719 I would like to um ask Mark to speak on the over budget item just since it was 1042 01:25:26,400 --> 01:25:31,719 brought up in the uh 1043 01:25:32,880 --> 01:25:36,800 » So, are you referencing the one in the county commissioner's budget? 1044 01:25:36,320 --> 01:25:42,719 » Yes. >> Yeah. So, uh commissioners um from year 1045 01:25:40,400 --> 01:25:48,560 to year we have different expenditures that come up. um legal expenditures most 1046 01:25:45,760 --> 01:25:54,719 often. Uh sometimes um other professional services that we have to 1047 01:25:50,159 --> 01:25:58,960 engage um rather than budget um for the work for the worst case scenario which 1048 01:25:56,880 --> 01:26:04,000 you know we can budget $250,000 a year for that and then only spend 20 to 30 1049 01:26:01,120 --> 01:26:06,880 most years. Um we just we allow them to come as they are because we're part of 1050 01:26:05,199 --> 01:26:12,159 the general fund. We can usually absorb them as part of that budget. So the 1051 01:26:09,280 --> 01:26:17,040 specific overages this year are indeed related to uh legal engagement outside 1052 01:26:15,440 --> 01:26:22,400 of what we normally would have and other professional services. Um it's not that 1053 01:26:20,639 --> 01:26:27,040 um it's not that we haven't had those in the past. We just normally don't have 1054 01:26:23,679 --> 01:26:29,600 them to the level that we have them. >> Is there any further detail we can 1055 01:26:28,960 --> 01:26:33,199 offer? >> I can get I can get all of the detail 1056 01:26:31,600 --> 01:26:36,400 for you if you'd like. >> Yeah. I just think for public 1057 01:26:34,480 --> 01:26:40,960 transparency, it's important for them to understand 1058 01:26:38,080 --> 01:26:44,800 why it wasn't budgeted for, if there's any specific thing that caused it to be 1059 01:26:43,040 --> 01:26:48,800 higher this year. >> If we if we budgeted for, like I said, 1060 01:26:46,880 --> 01:26:53,199 if we budgeted for worst case scenario every year, we would have like $250,000 1061 01:26:51,600 --> 01:26:58,320 budgeted in there for these types of expenditures, but we would normally only 1062 01:26:55,679 --> 01:27:02,320 spend 20 to 30,000. So, that's why we don't budget for we don't want to uh put 1063 01:27:00,320 --> 01:27:07,440 a tax in. And plus, again, because we're part of the general fund, um there's 1064 01:27:05,679 --> 01:27:11,840 usually plenty of room in the general fund to absorb that when the time comes. 1065 01:27:10,639 --> 01:27:14,159 » But I can give you the detailed expenditures. 1066 01:27:12,480 --> 01:27:18,320 » And when you you set it up that high, too, it affects the mill levy. I mean, 1067 01:27:16,560 --> 01:27:22,000 everything that we do, you're talking 200,000 with a quarter of a mill. So, 1068 01:27:20,400 --> 01:27:25,840 you don't want to do that. These things should be rare, but the last year or so, 1069 01:27:24,080 --> 01:27:29,120 we've had some things come up, and I'm sure Mark will be glad to share that. 1070 01:27:27,679 --> 01:27:32,480 » Yeah, I'll get I'll get the detailed expenditures for you. 1071 01:27:30,159 --> 01:27:37,159 » Okay. Thank you. Anything else? 1072 01:27:34,159 --> 01:27:37,159 » Um, 1073 01:27:37,600 --> 01:27:45,120 I didn't see the uh individual from Shark stick around after public comment. 1074 01:27:42,800 --> 01:27:49,360 Do we have the contact information for that individual? 1075 01:27:46,480 --> 01:27:53,520 » Um, yes, I'm sure that um we do. He has uh sent a couple of emails and 1076 01:27:52,159 --> 01:27:57,000 » Okay, I will look for that. >> He should have that. 1077 01:27:57,120 --> 01:28:00,360 Anything else? 1078 01:28:04,480 --> 01:28:12,239 I, you know, have been trying to figure out 1079 01:28:09,040 --> 01:28:18,960 this whole unsanctioned rodeo thing for a while. And I would like us to make 1080 01:28:15,679 --> 01:28:23,679 sure that there's, you know, potentially not something more 1081 01:28:22,000 --> 01:28:27,360 we can do as far as the county attorney's office, the sheriff's, and 1082 01:28:26,080 --> 01:28:34,080 our department working together. Obviously, we're all separate separate 1083 01:28:29,360 --> 01:28:39,920 elected offices and all of that. Um, so I will try to reach out to them just to 1084 01:28:35,920 --> 01:28:45,120 see. I I feel um I I don't want there to be any gray area 1085 01:28:43,280 --> 01:28:49,120 if possible. I don't want it to seem like the public feels 1086 01:28:47,440 --> 01:28:54,159 everyone's pointing the finger at each other or whatever. So, anything we can 1087 01:28:51,280 --> 01:28:58,560 do to kind of make sure and I I don't know if it would make sense to have a 1088 01:28:56,719 --> 01:29:03,920 work session or something with all of us entities together to talk through these 1089 01:29:00,320 --> 01:29:07,199 issues in a public format to where it, you know, the public gets the 1090 01:29:05,760 --> 01:29:13,040 opportunity to hear the discussions between the three departments or 1091 01:29:09,679 --> 01:29:16,960 anything like that. But, um, you know, I'll I'll reach out to both of those 1092 01:29:14,639 --> 01:29:22,400 offices today just to see if there's anything I can do. But that would be of 1093 01:29:19,600 --> 01:29:26,400 interest to me because I think if I was, you know, I always try to put myself on 1094 01:29:24,080 --> 01:29:31,120 the other side of the mic and I think >> if I was on the other side of the mic in 1095 01:29:28,320 --> 01:29:35,360 this issue, you know, might I don't want it to be feel like a head scratcher to 1096 01:29:32,960 --> 01:29:39,840 anybody. So I I agree with you. You know, I've seen the videos and things 1097 01:29:36,960 --> 01:29:44,159 like that. Seems sometimes that in government we pass the book one person 1098 01:29:42,159 --> 01:29:48,480 to the other. I know one thing with tightening up the rules. there may be an 1099 01:29:45,679 --> 01:29:52,560 opportunity to tighten tighten the moral. I don't think anybody wants to 1100 01:29:50,400 --> 01:29:56,480 see animals her >> or whatsoever at the same time as we 1101 01:29:54,719 --> 01:30:01,360 want to protect everybody's individual rights and conduct themselves uh and 1102 01:29:59,600 --> 01:30:06,560 follow the rules and that's what you rules are for and there's there's got to 1103 01:30:04,320 --> 01:30:10,480 be a reason that another division or another elected officials has decided 1104 01:30:08,719 --> 01:30:15,679 not to go that way or if they're still investigating it. So I think you make a 1105 01:30:12,400 --> 01:30:19,199 good point about that discussion but I really do anything 1106 01:30:16,800 --> 01:30:24,239 » I just think that uh having a direct conversation with the uh departments 1107 01:30:21,840 --> 01:30:30,400 would probably uh do us a lot of good instead of looking at what is be what we 1108 01:30:27,120 --> 01:30:36,880 see on the face on Facebook back and forth. Uh, I've seen the video uh myself 1109 01:30:35,280 --> 01:30:42,159 uh twice, but I wanted to make I'm pretty sure what I saw cuz I thought it 1110 01:30:39,440 --> 01:30:47,520 I thought it was uh cruelty to uh to animals, especially taking a pod and put 1111 01:30:44,400 --> 01:30:54,320 it in a cow in a cow space uh continuing. I don't see any reason 1112 01:30:50,080 --> 01:30:58,000 for whatever whatever it is. So rather than than than and deal with individuals 1113 01:30:56,320 --> 01:31:02,639 that are saying well this happened and that happened and we can't do it because 1114 01:30:59,760 --> 01:31:07,199 of this. Well, no one has said that to me directly, but I've heard it on many 1115 01:31:05,120 --> 01:31:11,679 occasions. So, um, >> well, one, if there's a if there's 1116 01:31:08,960 --> 01:31:16,719 something that prosecutor or the sheriff needs in our code that we don't have 1117 01:31:14,159 --> 01:31:19,440 there so they can go further to take a look at it. Yeah. 1118 01:31:17,679 --> 01:31:23,440 » A meeting with the elected officials besides us would probably be the way to 1119 01:31:21,440 --> 01:31:30,320 get it done. Well, I think in in in the meeting that uh uh that uh Vanessa's uh 1120 01:31:28,080 --> 01:31:35,840 uh have responded to, I think that some of those questions can be asked directly 1121 01:31:33,040 --> 01:31:42,400 one on one cuz our person would like to do a no exactly this is exactly what we 1122 01:31:38,880 --> 01:31:51,040 can what we cannot do and not continue to rely on someone else's opinion except 1123 01:31:47,679 --> 01:31:57,600 when it comes from the department head. then we can put some things uh together 1124 01:31:55,040 --> 01:32:01,880 and and not and not thinking what this could be or could not be. 1125 01:32:02,000 --> 01:32:08,000 And that's kind of why I'm trying to bring up the federal regulations today 1126 01:32:05,520 --> 01:32:12,960 in a totally different circumstance. You know, from my schoolboard experience, 1127 01:32:10,320 --> 01:32:17,040 there's laws about what children should or should not be exposed to as far as 1128 01:32:15,040 --> 01:32:20,719 sexuality and pornography and all kind of things. And then libraries are 1129 01:32:18,880 --> 01:32:26,639 excluded from that. It's like what? Those are like one of the main areas 1130 01:32:23,520 --> 01:32:31,679 that children are affected. And so that that kind of interested me as far as why 1131 01:32:29,520 --> 01:32:38,320 why does the federal government, you know, not protect animals in in these 1132 01:32:34,400 --> 01:32:41,040 arenas? So I I myself am trying to gain a broader understanding as far as 1133 01:32:40,320 --> 01:32:44,080 » Absolutely. >> Yes. 1134 01:32:42,159 --> 01:32:50,400 And so I just want the county's position to be able to be defended as well, you 1135 01:32:47,440 --> 01:32:53,199 know, not not get us into a lawsuit that we lose up up the chain or whatever. So 1136 01:32:52,239 --> 01:32:57,199 I just >> Exactly. I'm with you, 1137 01:32:55,760 --> 01:33:02,639 » commissioners. Um, one of the things that we did on the last application was 1138 01:32:59,280 --> 01:33:10,000 require on-site um an on-site veterinarian for any uh their events. 1139 01:33:06,159 --> 01:33:14,400 And I think in the um proposed update to our animal ordinances which was tabled a 1140 01:33:12,239 --> 01:33:18,800 few weeks ago um that was going to be something that was required across the 1141 01:33:16,800 --> 01:33:24,320 board. And I think that is I do think that that would be a good step um to 1142 01:33:21,840 --> 01:33:30,080 pass a resolution that requires an on-site veterinarian for all rodeos in 1143 01:33:27,920 --> 01:33:34,159 Levvenworth County. Um not to be exclusionary in any way, shape, or form. 1144 01:33:32,080 --> 01:33:38,159 So we we made one applicant already follow that rule and they agreed to it. 1145 01:33:36,480 --> 01:33:42,159 I think it that's something that we could do that would address the issue. 1146 01:33:40,639 --> 01:33:46,080 Um and and I think um the veterinarians who 1147 01:33:44,320 --> 01:33:50,320 were here that day agreed that having an on-site veterinarian would take care of 1148 01:33:48,320 --> 01:33:55,280 most of these complaints because they can they have the authority when they're 1149 01:33:52,000 --> 01:34:00,320 on site to check for the paperwork that um was referenced earlier today and have 1150 01:33:57,920 --> 01:34:06,080 the ability to report any instances that they felt cross the line into animal 1151 01:34:03,120 --> 01:34:09,760 cruelty. And I I don't want to misstate anybody, but I think it was maybe missed 1152 01:34:07,760 --> 01:34:16,560 downs earlier. But so would that apply to private 1153 01:34:13,679 --> 01:34:21,440 um parties and things or >> So uh that's a that's a good question. 1154 01:34:18,800 --> 01:34:27,760 One that I would need to um ask uh our legal counsel to be sure. Um, I would 1155 01:34:24,960 --> 01:34:31,120 think it would, but uh because we say it's for rodeos, but I can't I can't 1156 01:34:29,440 --> 01:34:34,239 tell you that without talking to our legal counsel 1157 01:34:31,920 --> 01:34:39,280 » because I I don't want to encroach on anyone's personal rights. Obviously, I'm 1158 01:34:36,880 --> 01:34:44,639 for small government. I don't support overreach. At the same time, if the 1159 01:34:42,880 --> 01:34:48,719 events that go on are handled as private events 1160 01:34:46,880 --> 01:34:52,400 and they believe these things that wouldn't be allowed in a public event 1161 01:34:50,239 --> 01:34:56,080 are happening in private events, I would just like to look into 1162 01:34:54,000 --> 01:35:01,360 » the um so the issue with the private events was more of a permitting issue. 1163 01:34:58,800 --> 01:35:05,520 It wasn't it wasn't about what was happening at the events. It's that they 1164 01:35:03,199 --> 01:35:08,639 were having events with a large number of people and they didn't have permits 1165 01:35:07,199 --> 01:35:12,639 and and I don't want to say it was even the the people that were that they're 1166 01:35:10,639 --> 01:35:16,159 referencing with this this last rodeo on the 4th. It was just an event was 1167 01:35:14,320 --> 01:35:20,159 happening in Lour County and they would have multiples throughout the year and 1168 01:35:17,840 --> 01:35:25,040 they didn't have a permit for it. Um we did take those folks to code court. The 1169 01:35:22,960 --> 01:35:30,719 judge said get a permit and they came in and applied and received a permit. Um, 1170 01:35:27,360 --> 01:35:34,639 so they they did follow the rules after the courts after we got them involved 1171 01:35:32,480 --> 01:35:40,400 with the courts. And so, um, I I think from a whether it's private or not, they 1172 01:35:37,679 --> 01:35:43,040 would have to follow, um, resolutions. It'd be, you know, it's like underage 1173 01:35:41,920 --> 01:35:46,639 drinking, even if it's private, you can't allow underage drinking. So, I 1174 01:35:44,800 --> 01:35:50,560 think it would, but, I'd like to get our legal counsel's advice on that. Before I 1175 01:35:48,239 --> 01:35:55,520 answer that, Mark, that brought up a question on the that thing we were 1176 01:35:52,719 --> 01:36:00,320 talking about asking, who hires that person and who they report to. 1177 01:35:57,920 --> 01:36:03,360 » So, um, first of all, like doctors, veterinarians are licensed by the state 1178 01:36:01,760 --> 01:36:07,040 of Kansas. So, they'd have to be a licensed veterinarian in Kansas. They 1179 01:36:05,360 --> 01:36:11,520 have they take an oath and they would have to follow that oath. Doesn't matter 1180 01:36:09,360 --> 01:36:14,880 who pays for them, but the the applicant would have to pay for them. I mean, the 1181 01:36:12,719 --> 01:36:18,080 countyy's not going to pay for these private events or public events. 1182 01:36:16,480 --> 01:36:22,000 » Oh, I understand. So, They would have to hire a licensed veterinarian in the 1183 01:36:20,080 --> 01:36:25,199 state of Kansas and that veterinarian would have to follow their their duties 1184 01:36:23,840 --> 01:36:28,960 and thereof. >> Well, I think just thinking out loud, I 1185 01:36:27,120 --> 01:36:33,440 could be totally wrong. If you have a vet on site and they call the sheriff's 1186 01:36:31,600 --> 01:36:39,280 department and the sheriff's department or whoever deals with a professional 1187 01:36:37,360 --> 01:36:43,600 that that's what they do for a living, they're basically a doctor. Their 1188 01:36:41,280 --> 01:36:46,960 testimony would be stronger than anything else. I mean, we've got it on 1189 01:36:45,199 --> 01:36:50,719 video. there's no doubt, but have a person that does that for a living say 1190 01:36:48,639 --> 01:36:54,480 yes or no, this was going on. So, I think adding that rule was a very 1191 01:36:52,400 --> 01:36:58,000 positive thing. I still think we need to have a conversation with our elected 1192 01:36:56,320 --> 01:37:01,840 officials and see if we can get our own track around this better. 1193 01:36:59,360 --> 01:37:04,639 » I think you're right, Commissioner. Let's let's go face to face. 1194 01:37:03,440 --> 01:37:06,560 » Okay. Anything else? >> Thank you. 1195 01:37:05,040 --> 01:37:10,080 » Okay. Jeff, do you have anything? >> Thank you. 1196 01:37:07,520 --> 01:37:13,040 » Okay. Uh I don't have anything. Uh we got the consent agenda. 1197 01:37:11,440 --> 01:37:19,119 » Mr. Chairman, I move we accept the consent agenda as presented. Second 1198 01:37:16,000 --> 01:37:22,960 motion to such. Any discussion? Push it up. I 1199 01:37:21,840 --> 01:37:28,080 » I >> I 1200 01:37:25,679 --> 01:37:32,719 moving on to formal board action. We've done the audit. We've tabled the 1201 01:37:29,840 --> 01:37:37,280 building court appeals appointment. Now we'll do the consider a motion to 1202 01:37:35,440 --> 01:37:42,639 authorize the county minister to execute the engagement agreement with Fisher 1203 01:37:39,840 --> 01:37:48,159 Patterson for county counselor services. We have to have an attorney. 1204 01:37:45,040 --> 01:37:51,320 Yes, good segue on this last discussion of groups. 1205 01:37:51,440 --> 01:37:58,880 » Commissioners, um we solicited proposals from requests for qualifications for 1206 01:37:56,480 --> 01:38:03,199 legal firms to provide uh council services for the Lmore County. Um after 1207 01:38:01,679 --> 01:38:07,760 reviewing them, uh we made a recommendation uh to the board of county 1208 01:38:05,440 --> 01:38:13,040 commissioners to hire Fisher Patterson. County has utilized them um for a lot of 1209 01:38:10,560 --> 01:38:18,480 years. They've been very good um representation for us on other items and 1210 01:38:15,920 --> 01:38:23,840 they provide these services to multiple uh municipalities in Kansas. So we're 1211 01:38:21,600 --> 01:38:27,040 comfortable with their proposal and are recommending them for your approval to 1212 01:38:25,600 --> 01:38:35,199 be provided as county counselor services. Um we are still uh looking for 1213 01:38:32,320 --> 01:38:41,199 um staff council but this is the this is the gap coverage and um look I would 1214 01:38:38,400 --> 01:38:48,080 answer any questions. Any comments? >> Um, being that this event um will be 1215 01:38:45,119 --> 01:38:54,159 held in Tomoxy in a couple weeks or next week, will 1216 01:38:51,199 --> 01:38:58,400 there be council available for that? >> Uh, commissioners, I do not anticipate 1217 01:38:56,639 --> 01:39:02,239 having counsel at that meeting because it's not an a business meeting. You're 1218 01:39:00,639 --> 01:39:07,119 not taking action that evening. It's just a more of a public engagement 1219 01:39:03,920 --> 01:39:10,400 meeting. So, um, if you would like legal counsel there, I can ask them. I don't 1220 01:39:09,119 --> 01:39:15,199 know if they would be available in the evening on the 16th, but I can ask. But 1221 01:39:12,719 --> 01:39:19,600 again, I did not anticipate having legal counsel there because of the nature of 1222 01:39:16,880 --> 01:39:24,000 the meeting. >> Uh, no decisions will be made, but we do 1223 01:39:22,159 --> 01:39:29,119 want to hear from as many residents and that's the third opportunity to come 1224 01:39:26,400 --> 01:39:33,199 share with the people we haven't been able to see. So, 1225 01:39:30,080 --> 01:39:34,560 » so it's basically a public comment meeting 1226 01:39:33,840 --> 01:39:38,239 » basically. Yeah. >> Okay. 1227 01:39:35,600 --> 01:39:43,440 » That's what I see it as. I wouldn't know. 1228 01:39:40,159 --> 01:39:48,639 » Yes. Okay. Okay. 1229 01:39:45,360 --> 01:39:53,119 All righty. Uh we have we we have uh any more comments on the uh the county 1230 01:39:50,880 --> 01:39:55,520 counselor services. If not, I entertain a motion. 1231 01:39:54,560 --> 01:40:00,960 » Second. >> Consider a motion to authorize the 1232 01:39:59,040 --> 01:40:05,440 county administrator >> to execute the engagement agreement with 1233 01:40:03,199 --> 01:40:10,159 Fischer Patterson for county counselor service. 1234 01:40:07,280 --> 01:40:14,480 » Second. Second. Thanks. Motion a second. Any further discussion. 1235 01:40:12,719 --> 01:40:18,320 Mr. Dub I >> I 1236 01:40:15,600 --> 01:40:22,159 » I. >> Okay. 1237 01:40:19,840 --> 01:40:26,960 Last item D. Consider a motion to approve it 2027 1238 01:40:24,400 --> 01:40:31,520 related topics. I think Mark provided all ones to you plus any input we have. 1239 01:40:30,159 --> 01:40:35,760 Is there any Mark? Do you want any discussion on that? 1240 01:40:32,400 --> 01:40:39,840 » I do. Um, so what I provide you was just carryover from last year. Um, 1241 01:40:37,920 --> 01:40:44,719 Commissioner Steven did send me an email. He had a couple of items that he 1242 01:40:41,840 --> 01:40:49,280 would like added. Um, so you'd need to vote to add those today if you wanted 1243 01:40:46,480 --> 01:40:55,920 to. Um, or and you do need to vote on whether or not um, you want to you 1244 01:40:52,960 --> 01:41:02,159 utilize last year's uh, topics as well. So the items that Commissioner Steven 1245 01:40:57,760 --> 01:41:07,360 asked was he asked for um legislation on the Senate Bill 98 to limit eliminate 1246 01:41:05,360 --> 01:41:13,000 the incentives and allow for provision of public vote just like corporate hog 1247 01:41:10,000 --> 01:41:13,000 legislation 1248 01:41:15,280 --> 01:41:20,080 comments. >> I wouldn't support that. I would support 1249 01:41:19,280 --> 01:41:25,760 that. >> You wouldn't 1250 01:41:21,840 --> 01:41:30,320 say you wouldn't support it? No. Okay. So the next item, we don't have three 1251 01:41:28,400 --> 01:41:38,639 votes there. So okay, the next item would be um to add to, you know, we have 1252 01:41:34,239 --> 01:41:43,119 legislation about um parental notice for minors receiving abortions in Kansas. He 1253 01:41:41,119 --> 01:41:47,840 would like to add to that to see the legislation request testing that all 1254 01:41:45,280 --> 01:41:56,800 late term and partial birth abortions including dismemberment abortions um 1255 01:41:52,880 --> 01:41:59,800 should be banned in the state of Kansas comments. 1256 01:42:00,400 --> 01:42:07,840 » I think that they should be banned. However, I think it's is is they're not 1257 01:42:04,159 --> 01:42:16,000 allowed to fire for right now. Um, is are there any statutes that uh from the 1258 01:42:10,320 --> 01:42:23,360 state of Kansas that um regulate that that we can depend on? Um, 1259 01:42:20,159 --> 01:42:29,760 you know that this has been a hot topic. Um, we brought this up last year. Um, 1260 01:42:26,880 --> 01:42:35,119 and honestly, the legislation that we proposed didn't even get um out of the 1261 01:42:33,119 --> 01:42:40,880 Kansas Association of Counties legislative topics. Um, so while I have 1262 01:42:39,360 --> 01:42:49,280 a very strong opinion about these things, um, it I don't believe that that 1263 01:42:45,679 --> 01:42:52,719 um, we have a a high likelihood of getting this on the agenda either, but I 1264 01:42:50,880 --> 01:42:55,920 don't think it hurts to add it as as one of your topics. If it's something the 1265 01:42:54,080 --> 01:43:01,920 county commission wants to do, we'll present it um to that the committee that 1266 01:42:59,199 --> 01:43:07,600 makes the decision and um, then they'll decide whether or not they'll take take 1267 01:43:03,440 --> 01:43:14,760 it up. But um just our our very I I'll call it watered down language from last 1268 01:43:09,840 --> 01:43:14,760 year uh got no traction. So 1269 01:43:15,199 --> 01:43:21,199 » okay it didn't even get out of the committee and and I'm not I'm talking 1270 01:43:19,520 --> 01:43:24,880 about the Kansas Association counties not not the legislators. 1271 01:43:22,960 --> 01:43:29,520 » I didn't see it but is there any support to put that on our 1272 01:43:28,159 --> 01:43:33,040 » I'm not opposed. >> I'm not either not opposed to it. 1273 01:43:31,119 --> 01:43:34,719 » Okay. I'll add that. Why don't 1274 01:43:34,000 --> 01:43:35,920 » you add it more? >> Yep. 1275 01:43:35,360 --> 01:43:40,000 » Okay. >> Okay. I have another um 1276 01:43:38,400 --> 01:43:43,520 » that's coming from Mike. Of course you >> Yes. Yeah. And I actually was able to 1277 01:43:42,080 --> 01:43:46,719 take three of Malcus. Two of them were duplicates of each other. So 1278 01:43:44,960 --> 01:43:49,520 » yeah, that's what number one and number five I think were the exact same thing, 1279 01:43:48,239 --> 01:43:55,440 but he wanted to make sure he got the point across. Um, so, uh, pass 1280 01:43:53,360 --> 01:43:59,280 legislation requiring the Kansas legis legislative research department must 1281 01:43:57,040 --> 01:44:03,119 maintain a record of all taxes that are foregone as a result of incentives that 1282 01:44:00,960 --> 01:44:06,000 have been passed by the legislature. Um, and then he listed all of the different 1283 01:44:04,639 --> 01:44:10,080 incentives they've passed over the years. Um, the department shall prepare 1284 01:44:08,400 --> 01:44:14,560 an annual report detailing foregone taxes in all taxation areas where such 1285 01:44:12,719 --> 01:44:17,760 incentives have been applied. Total approximate monetary value of such 1286 01:44:16,239 --> 01:44:21,600 incentive program shall be published and made publicly available. Um he brought 1287 01:44:20,159 --> 01:44:25,760 this up I think last week and what I mentioned is uh they require local 1288 01:44:23,840 --> 01:44:31,520 legislation to like we have to do that if we adopt any legislation locally that 1289 01:44:29,360 --> 01:44:36,560 provides an incentive we have to then report annually how much that incentive 1290 01:44:33,360 --> 01:44:40,159 was back to the state. Uh I'm not 100% sure that they have that own rule for 1291 01:44:38,080 --> 01:44:44,000 themselves but I do think it makes sense that if they're going to make local 1292 01:44:42,400 --> 01:44:47,520 municipalities do it that they ought to do it themselves. 1293 01:44:45,920 --> 01:44:50,400 » I have no problem. It makes sense with that. 1294 01:44:47,760 --> 01:44:52,880 » Yeah. Okay. 1295 01:44:50,800 --> 01:44:56,080 » The only problem that that I have with this, are you saying we can bring this 1296 01:44:54,400 --> 01:45:01,600 up next week? >> So, I you need to approve these today 1297 01:44:59,679 --> 01:45:06,239 because the Kansas Association of Counties needs them submitted before 1298 01:45:03,600 --> 01:45:09,520 next week's meeting. Um, in fact, I'm pretty sure I have to go on uh tomorrow 1299 01:45:08,080 --> 01:45:15,119 and get these submitted in order to get them on as topics of discussion. The 1300 01:45:12,000 --> 01:45:20,080 these are just basically what items will the Kansas Association of Counties put 1301 01:45:17,520 --> 01:45:25,440 on their list of agenda items to take to the Topeka to try to get legislation 1302 01:45:22,400 --> 01:45:28,400 passed. Now, we submit it to them. They put it in their committee. Their 1303 01:45:26,719 --> 01:45:32,480 committee reviews it and then re and then they the committee votes on it to 1304 01:45:30,400 --> 01:45:36,320 take it to the executive committee and then they vote on whether or not that's 1305 01:45:34,159 --> 01:45:42,239 going to be their topic. So, while we have multiple topics, um one or two 1306 01:45:39,199 --> 01:45:47,840 might make it. So that that's that's really what it is. These are our ideas 1307 01:45:44,960 --> 01:45:51,280 » and I'll give you that that there really aren't a lot of counties who submit 1308 01:45:49,360 --> 01:45:56,560 anything. Um it's usually the five biggest counties, six biggest counties 1309 01:45:53,280 --> 01:46:00,080 that have items. So um I think and I do think it's important that we get all 1310 01:45:57,760 --> 01:46:04,080 these messages out there, but um some of them I don't have a a lot of hope for, 1311 01:46:02,400 --> 01:46:08,480 but it doesn't mean we won't do our best to try to get 1312 01:46:06,639 --> 01:46:11,920 » you set in on these last year. I think you set in on what? I think my only 1313 01:46:10,480 --> 01:46:14,880 concern is that he didn't have these recommendations from Commissioner Steven 1314 01:46:14,239 --> 01:46:18,320 before. >> That's what I'm that's I wish we would 1315 01:46:16,880 --> 01:46:22,800 had them before so we can have some Yeah. information more about it so we're 1316 01:46:21,520 --> 01:46:26,480 not just throwing up against the wall and say, "Oh, it' be a great thing uh to 1317 01:46:25,360 --> 01:46:29,600 do." >> What would be a great thing to do? I 1318 01:46:28,320 --> 01:46:32,400 just want to see it in writing before I do anything with it. 1319 01:46:30,480 --> 01:46:37,199 » Sure. >> Well, 1320 01:46:33,920 --> 01:46:42,480 Mark's telling you he needs it soon. So, I can either add these items or I can go 1321 01:46:39,600 --> 01:46:46,400 with what was what we've already had. Um, 1322 01:46:44,400 --> 01:46:49,520 either way, I do need to grab something to submit 1323 01:46:47,199 --> 01:46:51,760 » today. Well, I think they're due tomorrow. 1324 01:46:50,320 --> 01:46:53,920 » So, we have to make a decision. >> Okay. 1325 01:46:52,080 --> 01:46:56,719 » Are we going to add Commissioner Stevens stuff or we going to go with the 1326 01:46:55,040 --> 01:47:02,000 original? That's what it comes down to. >> I'd like to add and have a conversation 1327 01:46:59,840 --> 01:47:05,840 about it so I can know exactly what I'm what I'm putting my fingers into here. 1328 01:47:03,760 --> 01:47:08,880 In other words, that means we won't be adding Well, you're saying you don't 1329 01:47:07,040 --> 01:47:11,920 want to add it to it then because Mark's got to add it. 1330 01:47:09,760 --> 01:47:15,119 » I got I would say yes. I'm sorry. >> Okay. Do it. Yeah. 1331 01:47:13,040 --> 01:47:18,400 » Okay. >> And we went line by line on them. 1332 01:47:16,960 --> 01:47:22,960 » We did. Yeah. The other ones we've already said yes or no to. And then this 1333 01:47:20,320 --> 01:47:26,880 is just the reporting requirement that the state do a report similar to what 1334 01:47:24,960 --> 01:47:30,520 they require local municipalities do when they provide incentives. 1335 01:47:32,239 --> 01:47:37,360 I I would want more information on that one. I feel like 1336 01:47:35,520 --> 01:47:41,119 » Well, we got bottom do you have any comments on that? Bottom line is we got 1337 01:47:39,040 --> 01:47:44,400 to have a motion to to pass it. So, if you want to vote no or you want to vote 1338 01:47:42,400 --> 01:47:50,800 yes, we need to go ahead with the motion now. So, there's a motion to approve 237 1339 01:47:47,920 --> 01:47:54,080 topics. You can say adding the uh things that Mark has brought up or we could 1340 01:47:52,239 --> 01:47:58,320 just go with the uh the original ones that we received. 1341 01:47:54,960 --> 01:48:03,600 » You can this is just to KC, right? We're just telling KC what we think we want. I 1342 01:48:00,880 --> 01:48:07,880 mean, add it all. It don't matter. Just add it cuz they're not going to do it 1343 01:48:04,880 --> 01:48:07,880 anyway. 1344 01:48:08,480 --> 01:48:14,000 » Well, we we have had success in the past getting some of our topics. Not all of 1345 01:48:12,400 --> 01:48:19,360 them, but some of our topics we have had success. was the other part of this is 1346 01:48:16,480 --> 01:48:25,440 is we will meet with our legislators for breakfast at some point before this s 1347 01:48:22,639 --> 01:48:30,320 session starts and you can still lobby them directly on our topics. 1348 01:48:27,679 --> 01:48:34,239 » Okay. This this is just to try to get the case either pick up our pick up the 1349 01:48:32,400 --> 01:48:37,119 flag for us and carry it >> and then they're going to decide whether 1350 01:48:35,600 --> 01:48:41,040 they're going to take it forward or not. So and they haven't on those ones we're 1351 01:48:39,440 --> 01:48:45,840 talking about they have not brought those forward yet. I I guess the issue 1352 01:48:43,199 --> 01:48:51,920 maybe being election year they might knock down that but the but the issue is 1353 01:48:49,199 --> 01:48:56,000 what do we put want to put on it for now whether they're going to approve it or 1354 01:48:53,360 --> 01:48:59,280 kick it down. I saw some folks saying they didn't want a couple things on 1355 01:48:57,280 --> 01:49:02,000 there. That's where we have to decide. Now what were the ones we wanted? 1356 01:49:01,119 --> 01:49:05,199 » Okay. So the >> one more time. 1357 01:49:02,880 --> 01:49:10,239 » Yeah. So the ones that we discussed were the data center one. You decided not to 1358 01:49:07,440 --> 01:49:15,840 include that one. Um the one that we did add uh was the 1359 01:49:13,280 --> 01:49:20,159 abortion banning the late term partial birth abortions including dismemberment 1360 01:49:17,600 --> 01:49:25,280 abortions. And then the fourth one that we did not make a clear decision on was 1361 01:49:22,400 --> 01:49:29,199 the legislation requiring the state to report uh economic impact of incentives 1362 01:49:28,159 --> 01:49:31,520 similar to what they require municipalities. 1363 01:49:30,000 --> 01:49:34,880 » Oh, I was for that one. >> Yeah, absolutely. 1364 01:49:33,040 --> 01:49:38,960 » Okay. So then those would be the those those two items then would be the two 1365 01:49:36,960 --> 01:49:43,920 that we would add. If that's the case, then we need a motion to approve the 1366 01:49:41,280 --> 01:49:47,520 legislated topics plus those two items. >> Uh second. 1367 01:49:46,000 --> 01:49:50,520 » Thank you. Me >> comments. 1368 01:49:51,520 --> 01:49:53,679 » I >> no 1369 01:49:53,119 --> 01:49:54,880 » I >> I 1370 01:49:54,239 --> 01:49:57,679 » Okay. >> Thank you. 1371 01:49:55,440 --> 01:50:01,440 » I'll draft that submitted. >> Okay. Uh 1372 01:49:59,679 --> 01:50:06,159 we don't we don't need an executive session, do we? We don't have a 1373 01:50:02,800 --> 01:50:08,639 counselor, so I guess we don't. Uh presentation, discussions. Is there 1374 01:50:07,600 --> 01:50:14,080 anybody else in the audience that would like to address us one more time? Going 1375 01:50:11,119 --> 01:50:17,400 once. Going twice. >> I almost 1376 01:50:20,480 --> 01:50:29,119 Tammy Patton Lancing, Kansas. >> I have my bachelor's of science in 1377 01:50:26,560 --> 01:50:32,560 agriculture specializing animal health. Um, if you've seen these videos that 1378 01:50:30,960 --> 01:50:38,719 they were talking about with the animal cruelty, if anybody was doing that to a 1379 01:50:35,440 --> 01:50:42,320 dog, a cat, any kind of animal, this would have been stopped. I've also had a 1380 01:50:40,560 --> 01:50:45,280 stolen horse situation. And the sheriff's department doesn't always get 1381 01:50:43,760 --> 01:50:50,719 involved. That was not the state. However, there multiple states. This is 1382 01:50:48,560 --> 01:50:55,280 something that can you guys could stop in the animal cruelty. I mean, being 1383 01:50:52,880 --> 01:51:01,280 prodded in the face. I mean, these animals collapsing. This is ridiculous. 1384 01:50:58,639 --> 01:51:05,840 Um the other topic I wanted to cover is you know I know there's a lot of talk 1385 01:51:02,800 --> 01:51:11,920 online about our group. We have very educated people in our group. We have 1386 01:51:08,960 --> 01:51:16,639 chemists, we have engineers, we have uh nurses, we have all kinds of people in 1387 01:51:14,719 --> 01:51:21,840 the medical field. We have specialists higher than that that want to help. We 1388 01:51:19,280 --> 01:51:25,520 want to help put in regulations. That's not going to cost you money. Do you 1389 01:51:23,119 --> 01:51:29,520 think that their education like if they won't come up here and help and give 1390 01:51:26,800 --> 01:51:33,360 advice for free? They will. Like we're here. We want to help. If this is going 1391 01:51:31,440 --> 01:51:39,199 to come in and there's absolutely no way to stop it, let's protect the families. 1392 01:51:36,639 --> 01:51:44,560 Let's get as much regulation. You know, I was at planning and zoning. The room 1393 01:51:41,679 --> 01:51:49,199 was packed. We were out in the hallway. Um the other thing is what I kind of 1394 01:51:46,800 --> 01:51:53,599 don't understand is like the people on the board of planning and zoning are all 1395 01:51:50,960 --> 01:51:58,480 educated. Some might be pro- data center. Some might be anti-data center. 1396 01:51:56,880 --> 01:52:03,920 But for a commissioner to get up there and try to get people to have to be to 1397 01:52:00,480 --> 01:52:08,080 step down and not being able to vote, that's not okay because they know rules 1398 01:52:06,480 --> 01:52:12,000 and regulations. That's their background. 1399 01:52:09,679 --> 01:52:16,159 Like everybody has a right to be here and to have an opinion. And just because 1400 01:52:14,639 --> 01:52:19,760 they don't have the same opinion as yours doesn't mean that they should have 1401 01:52:17,599 --> 01:52:22,800 to step down from the board. Thank you. >> THANK YOU. 1402 01:52:26,080 --> 01:52:33,920 DE CARLSON, RENO TOWNSHIP. I I need to share some things with you guys. Um, in 1403 01:52:32,000 --> 01:52:38,400 the animal cruelty discussion that you had today, it was mentioned about 1404 01:52:36,000 --> 01:52:42,639 federal law. Um, Jim being in the legislature, there 1405 01:52:40,880 --> 01:52:46,719 was some animal cruelty stuff going on that he assisted with. the federal law 1406 01:52:44,639 --> 01:52:51,840 will not protect animals because they're afraid it's going to drift from your 1407 01:52:48,159 --> 01:52:58,800 backyard farms to the kayos. So, they're not wanting any rules on the books. Uh, 1408 01:52:56,719 --> 01:53:04,080 and it's very hard even in Kansas to get any rules. If any of you have ever 1409 01:53:00,480 --> 01:53:09,199 looked up um puppy mills, it's horrid what happens in those facilities. And 1410 01:53:06,239 --> 01:53:14,639 it's horrid how the current laws protect them, not the dogs. 1411 01:53:12,000 --> 01:53:19,360 um in regards to the horses. I have horses. There are some excellent horse 1412 01:53:17,040 --> 01:53:24,080 vets in this area that could be at these these uh deals. But let me share a story 1413 01:53:22,239 --> 01:53:29,199 with you that happened here about 4 years ago. I was at the vet with one of 1414 01:53:26,560 --> 01:53:35,840 mine and in pulls three huge trailers full of horses. They started unloading 1415 01:53:32,159 --> 01:53:39,599 them and I asked, it wasn't the vet, but it was a medical person that I was 1416 01:53:37,440 --> 01:53:42,480 seeing there with my horse and I said, "What's going on here?" here. And she 1417 01:53:41,280 --> 01:53:48,320 goes, "Well, those are the raceh horses." And I said, "Oh, how old are 1418 01:53:45,360 --> 01:53:52,080 they?" "Well, two, maybe three." I said, "So, why are they bringing so many at 1419 01:53:49,920 --> 01:53:56,239 once? Why wouldn't you do a farm call?" "Well, they're coming in because their 1420 01:53:53,760 --> 01:54:00,639 joints are so painful. If they don't inject them every month, they can't 1421 01:53:58,239 --> 01:54:04,159 race. So, all they're giving them is pain medicine. They're not doing 1422 01:54:02,000 --> 01:54:07,760 anything to counteract the damage that's being done." And Mr. Culverson, 1423 01:54:06,239 --> 01:54:12,320 Commissioner Culbertson, you probably have heard the stories being a horse 1424 01:54:09,760 --> 01:54:18,239 owner. So, even though you put a vent on site, there are things that are going to 1425 01:54:14,800 --> 01:54:23,920 restrict them and the rules have to change is where I'm going with that. So, 1426 01:54:21,280 --> 01:54:28,960 my question is, please get the experts in here. Listen to their stories. 1427 01:54:26,480 --> 01:54:35,280 They've got horror stories every day that should should not happen. Find out 1428 01:54:32,800 --> 01:54:39,920 what it is. Find out where you as a county can make a difference because the 1429 01:54:37,440 --> 01:54:43,520 state's never going to do it. So, I'm imploring you to be the change. Be the 1430 01:54:41,679 --> 01:54:47,199 change with the rules and regs for data centers and battery plants. Be the 1431 01:54:45,520 --> 01:54:52,520 change for these animals and let's give them some compassion and relief. Thank 1432 01:54:49,520 --> 01:54:52,520 you. 1433 01:54:56,800 --> 01:55:01,520 » Good morning again, commissioners. Lee Hunger, 21549 1434 01:55:01,040 --> 01:55:05,119 Street. >> Go ahead. 1435 01:55:03,040 --> 01:55:10,320 Uh on the 18th of September 2005, I had the 1436 01:55:08,480 --> 01:55:14,880 privilege to personally witness the Transitional National Assembly of Iraq 1437 01:55:12,960 --> 01:55:22,239 vote to adopt the new constitution of Iraq. On the 15th of October 2005, I was 1438 01:55:18,960 --> 01:55:28,159 also able to witness Iraqi citizens vote to ratify that constitution through a 1439 01:55:24,800 --> 01:55:34,560 nationwide public referendum. The joy and the courage displayed by these 1440 01:55:30,480 --> 01:55:39,360 citizens was nothing short of inspiring. When they voted, they were physically 1441 01:55:36,719 --> 01:55:44,239 marked by dipping their finger in a bottle of ink. These people proudly 1442 01:55:42,080 --> 01:55:47,440 displayed their fingers, knowing many of them would be targeted by 1443 01:55:45,520 --> 01:55:52,880 anti-government and anti-American forces. They proudly risk their lives 1444 01:55:50,000 --> 01:55:58,800 for an opportunity to vote. I don't take voting for granted anymore. Is Iraq 1445 01:55:56,080 --> 01:56:03,119 perfect? Of course not. We've also experienced our own challenges in the 1446 01:56:00,480 --> 01:56:08,480 United States. The Revolutionary War officially ended with the signing of the 1447 01:56:04,639 --> 01:56:13,520 Treaty of Paris on September 3rd, 1783. Our Constitution was ratified on June 1448 01:56:10,639 --> 01:56:19,199 21st, 1788, but didn't officially go into effect until March 4th, 1789. 1449 01:56:17,679 --> 01:56:24,080 Outside Independence Hall in Philadelphia, Elizabeth Willing Pal 1450 01:56:21,520 --> 01:56:29,119 asked Benjamin Franklin, "Well, doctor, what do we have? A republic or a 1451 01:56:26,239 --> 01:56:35,599 monarchy?" Franklin responded, "A republic if you can keep it?" 1452 01:56:32,080 --> 01:56:39,440 Representative democracy isn't easy. But once you account for human nature, I 1453 01:56:37,920 --> 01:56:43,840 believe it's the best form of government people are capable of sustaining. 1454 01:56:42,239 --> 01:56:46,719 I've heard reported from both a currently sitting county commissioner 1455 01:56:45,280 --> 01:56:50,719 and a sitting Kansas state representative whose district is in 1456 01:56:48,400 --> 01:56:56,480 Leworth County that the August 4th election was a mandate supporting data 1457 01:56:54,159 --> 01:57:01,760 centers. Their reasoning was since Jan Klesinski won district 1 1458 01:56:59,599 --> 01:57:06,960 and that the remaining two county commissioners were pro data center then 1459 01:57:03,920 --> 01:57:11,119 Levmore County supports data centers. But as late as the July 15th candidate 1460 01:57:09,119 --> 01:57:15,360 forum, which was just a little over two weeks before the election, Miss 1461 01:57:13,440 --> 01:57:19,599 Klazinski stated that she believed data centers were coming, but the county 1462 01:57:17,199 --> 01:57:24,159 government needed to have regulations in place before a project is approved. It's 1463 01:57:22,880 --> 01:57:27,360 interesting how numbers can be interpreted. 1464 01:57:25,840 --> 01:57:30,800 What neither the commissioner nor the state representative explained was that 1465 01:57:29,040 --> 01:57:35,040 there were only three of the five districts up for election this year. Two 1466 01:57:33,440 --> 01:57:41,119 of the three commissioners elected this year are against data center and power 1467 01:57:38,639 --> 01:57:46,080 plants. This could be an alternative interpretation of the mandate. 1468 01:57:43,760 --> 01:57:51,520 Currently, all five members of the BOCC are all from one party. And the three 1469 01:57:48,719 --> 01:57:56,400 newly elected members are also from the same party and normally this would be a 1470 01:57:53,679 --> 01:58:00,320 cause of celebration for me. I believe this is an accurate 1471 01:57:58,159 --> 01:58:05,840 representation of the majority of voters in Lenmore County. On the other hand, 1472 01:58:03,360 --> 01:58:11,920 our organization, Citizens Against Blue Stem, is a nonpartisan grassroots 1473 01:58:09,199 --> 01:58:17,119 organization comprised of Republicans, Democrats, independents, Libertarians. 1474 01:58:15,599 --> 01:58:21,520 Arguably, we provide a greater demographic 1475 01:58:18,880 --> 01:58:25,119 representation of Levvenworth County. But we won't know that for sure because 1476 01:58:23,119 --> 01:58:29,599 last week a motion to direct the county staff to prepare procedures for 1477 01:58:27,119 --> 01:58:34,480 conducting an advisory election failed to pass 2 to two with commissioners 1478 01:58:32,320 --> 01:58:39,520 Colulbertson and Reed voting against and unfortunately Commissioner Dove was 1479 01:58:35,920 --> 01:58:44,400 absent that day. Additionally, we have been told that on advice of council, the 1480 01:58:42,000 --> 01:58:48,080 BOCC would not be conducting a joint work session with the planning 1481 01:58:45,599 --> 01:58:51,679 commission prior to their meeting tonight as they requested on August 1482 01:58:50,400 --> 01:58:56,000 12th. I found at least five precedents in the 1483 01:58:53,679 --> 01:58:59,360 past 5 years where the BOCC has met with the planning commission for a joint work 1484 01:58:57,679 --> 01:59:04,800 session. On March 24th, 2021, a joint work 1485 01:59:02,719 --> 01:59:10,800 session was held to deliberate community planning rules. On November 17th, 2021, 1486 01:59:09,119 --> 01:59:14,960 a joint work session immediately followed the regularly scheduled 1487 01:59:12,960 --> 01:59:21,280 Wednesday morning business meeting to address ongoing zoning updates. 1488 01:59:18,320 --> 01:59:24,880 January 18th, 2023, the board held a joint work session with the planning 1489 01:59:22,880 --> 01:59:28,880 commission to review the comprehensive plan and discuss special use permits and 1490 01:59:27,360 --> 01:59:33,679 zoning. July 12th, 2023, a joint work session 1491 01:59:31,920 --> 01:59:39,840 was held to discuss joint development and local board strategies. And on May 1492 01:59:36,639 --> 01:59:44,639 8th, 2024, a joint work session was also held to discuss the comprehensive plan. 1493 01:59:43,040 --> 01:59:48,960 The purpose of all five of these joint work sessions sounds strikingly similar 1494 01:59:47,040 --> 01:59:54,080 but smaller in scope to the issue we're currently facing. Facing the potentially 1495 01:59:52,239 --> 01:59:59,040 largest development in the count in the history of Lemworth County, why wouldn't 1496 01:59:57,280 --> 02:00:03,920 you want a joint session with the planning commission to ensure the proper 1497 02:00:01,520 --> 02:00:11,280 regulations are in place to protect Leworth County and its residents? 1498 02:00:06,400 --> 02:00:18,199 » And I apologize. I forgot I missed that it was discussion that I appreciate your 1499 02:00:13,679 --> 02:00:18,199 time for listening to that GIRL 1500 02:00:19,920 --> 02:00:30,560 on the way to addressing everybody. Okay, with that being said, 1501 02:00:26,880 --> 02:00:35,639 Mr. D, do you have anything? >> Not today. Not right now anyway. 1502 02:00:32,639 --> 02:00:35,639 » Mr. 1503 02:00:35,920 --> 02:00:41,719 » I don't have anything. So I entertain a motion to second. 1504 02:00:44,719 --> 02:00:55,159 » Okay. I I we are injured. Thank you both. 1505 02:00:50,880 --> 02:00:55,159 » Thank you. Thank you very much.