1
00:00:49,600 --> 00:00:53,719
How are you? Good. How are you?

2
00:10:48,160 --> 00:10:55,120
It is 9:00.
We will call this meeting of the Lincoln

3
00:10:52,480 --> 00:10:59,760
County Commissioners to order.
We will be abiding by the open meetings

4
00:10:57,120 --> 00:11:05,279
act which has been modified to a
five-page document a copy of which is at

5
00:11:03,040 --> 00:11:11,920
the end of this table and also at the
podium for anyone that would like to

6
00:11:06,959 --> 00:11:15,040
review those rules and regs.
Additionally, the board of commissioners

7
00:11:13,519 --> 00:11:20,160
reserve the right to enter close session
at any time as necessary to discuss an

8
00:11:16,720 --> 00:11:23,040
agenda item currently before us. Also,
the board of commissioners reserves the

9
00:11:21,519 --> 00:11:27,040
right to take agenda items out of order
for the convenience of the invol

10
00:11:24,399 --> 00:11:30,800
involved parties.
For the public notice, uh we'll make

11
00:11:29,200 --> 00:11:37,360
note that we are meeting in the North
Plat City Hall chambers.

12
00:11:33,279 --> 00:11:43,839
Uh my thanks to Mayor Kellher and Mr.
Groa for accommodating us today. Much

13
00:11:41,040 --> 00:11:47,519
appreciated.
>> First step would be to open with prayer.

14
00:11:46,240 --> 00:11:52,648
Michaela, would you lead us this
morning, please?

15
00:11:48,320 --> 00:11:57,440
» Yes. Join me if you so please.
[clears throat] Heavenly Father, thank

16
00:11:54,720 --> 00:12:01,600
you for our recent rains that refreshed
our land.

17
00:11:59,360 --> 00:12:06,959
Give your grace over those who suffered
storm damage. We are thankful for a

18
00:12:04,399 --> 00:12:12,320
community that shows up without
hesitation when neighbors are in need.

19
00:12:10,160 --> 00:12:19,920
That spirit of service is the best of
Lincoln County and we ask you to help us

20
00:12:16,639 --> 00:12:25,120
carry that spirit into this meeting.
Lift up our first responders, our public

21
00:12:22,720 --> 00:12:29,279
servants, and those who work quietly
behind the scenes for the good of our

22
00:12:27,200 --> 00:12:35,440
county.
May they and their families wear your

23
00:12:32,320 --> 00:12:41,440
armor of protection.
Lord, in a season of challenge, help us

24
00:12:38,240 --> 00:12:47,040
stand firm in our integrity, grounded in
service and committed to what is right.

25
00:12:44,399 --> 00:12:52,560
Help us serve with compassion
for those who are less fortunate and

26
00:12:49,440 --> 00:12:58,480
those whose struggles we don't know. We
ask for your peace in this room,

27
00:12:56,320 --> 00:13:04,079
guidance in our decisions, and
protections over our community. Amen.

28
00:13:01,920 --> 00:13:10,160
» Amen.
One note uh overlooked was also at 9:15

29
00:13:07,680 --> 00:13:14,240
or thereabouts. We will recess as a
board of commissioners and convene as a

30
00:13:11,839 --> 00:13:20,800
board of equalization once again abiding
by open meetings act

31
00:13:17,200 --> 00:13:23,760
uh the five-page document.
Item two is to approve the minutes

32
00:13:22,639 --> 00:13:28,680
regarding the board of commissioners
meeting that we held August 24th of

33
00:13:25,680 --> 00:13:28,680
2026.

34
00:13:29,040 --> 00:13:32,720
» Mr. Chairman, I'd make a motion we
approve the [clears throat] minutes of

35
00:13:31,440 --> 00:13:38,639
the Lincoln County Board of
Commissioners meeting August 24, 2026.

36
00:13:37,279 --> 00:13:44,120
» Second.
>> We have a motion and a second. Are there

37
00:13:40,240 --> 00:13:44,120
any amendments, corrections?

38
00:13:45,440 --> 00:13:48,320
» Roll call, please.
>> Hugley.

39
00:13:47,839 --> 00:13:49,600
» Hi.
>> Woodruff,

40
00:13:49,120 --> 00:13:53,200
» I.
>> Bruns,

41
00:13:50,240 --> 00:13:56,200
» abstain. Fuller time we
>> hi.

42
00:13:57,120 --> 00:14:04,959
Before we open up item three, I'm going
to accommodate

43
00:14:02,720 --> 00:14:10,399
our colleague. Commissioner Bruns
requested to speak and I think that

44
00:14:07,440 --> 00:14:14,399
might be appropriate to hear from him at
this time. Commissioner Bruns. Mr.

45
00:14:12,720 --> 00:14:18,000
Chairman, thank you for allowing me to
be the first one to say a few things

46
00:14:15,760 --> 00:14:22,079
this morning in spite of my attorney
wishing that I won it. But I believe

47
00:14:20,320 --> 00:14:26,880
that the community deserves to hear from
me.

48
00:14:24,320 --> 00:14:32,800
Recently, I made a serious mistake, one
that I regret with every ounce of who I

49
00:14:29,040 --> 00:14:37,920
am. I put myself in circumstances to
have contact with law enforcement in

50
00:14:35,199 --> 00:14:42,959
which they ultimately arrested me. I
absolutely take full responsibility for

51
00:14:40,639 --> 00:14:48,160
my actions.
I know the community is disgusted with

52
00:14:44,959 --> 00:14:53,440
me, but no one is more disgusted and
ashamed with my actions than me.

53
00:14:51,600 --> 00:14:57,360
I'm cooperating fully with the legal
process, and out of respect for that

54
00:14:55,680 --> 00:15:01,519
process, I won't be discussing details
of the case further today.

55
00:15:00,160 --> 00:15:07,040
What I do want to say is that I'm
genuinely sorry. First to my family and

56
00:15:04,800 --> 00:15:11,440
especially my kids who didn't ask to
have their father's mistake become a

57
00:15:08,480 --> 00:15:17,360
headline. and I'm immensely sorry to
this community. You put your trust in me

58
00:15:14,639 --> 00:15:21,279
and I let you down. That's not a line
that I'm saying because it's expected of

59
00:15:19,040 --> 00:15:26,800
me here today.
I'm making it because I truly mean it.

60
00:15:25,199 --> 00:15:31,600
I also won't pretend that this happened
in a vacuum. This has been one of the

61
00:15:29,199 --> 00:15:36,240
hardest years of my life.
I've been dealing with the aftermath of

62
00:15:33,199 --> 00:15:40,000
a divorce, a change of job, a cancer
scare, and for several weeks have been

63
00:15:38,480 --> 00:15:43,760
facing a recall effort that has been
filled with vitriol and threats against

64
00:15:41,600 --> 00:15:48,399
me and my kids.
I'm not telling you that to excuse what

65
00:15:45,920 --> 00:15:53,040
I did or its seriousness.
It absolutely does not excuse it. I'm

66
00:15:51,360 --> 00:15:56,959
telling you because you deserve the full
picture and because I think it's fair

67
00:15:55,040 --> 00:16:01,920
that you know the person behind the
headline, not just the headline.

68
00:15:59,839 --> 00:16:06,800
I didn't handle the stresses of life the
way I should have, the way my children

69
00:16:04,320 --> 00:16:09,800
deserve, or in a way that my office
commands.

70
00:16:10,320 --> 00:16:15,839
I also want to address something
directly. I've made a lot of mistakes in

71
00:16:14,160 --> 00:16:19,680
life and this incident is near the top
of the list.

72
00:16:17,680 --> 00:16:23,120
However, the unprecedented, false, and
politically convenient accusations that

73
00:16:21,440 --> 00:16:27,279
were made to this board in the community
last week, accusations that I was

74
00:16:25,600 --> 00:16:32,240
abusive and threatening to staff at the
jail are not part of that list.

75
00:16:30,399 --> 00:16:36,240
While I was at the jail, did I witness
important safety checks of visual

76
00:16:34,079 --> 00:16:39,759
inspect, visually inspecting inmates and
ensuring that they were alive and

77
00:16:37,440 --> 00:16:43,279
breathing being skipped? The kind of
checks that matter enormously given how

78
00:16:41,759 --> 00:16:51,519
many deaths that facility has seen
recently? Yes, I did. Did I ask

79
00:16:47,199 --> 00:16:56,480
appropriately about it? Yes.
However, I did not raise my voice. I did

80
00:16:53,759 --> 00:17:01,519
not demean and I did not threaten anyone
or their jobs. Our correction staff and

81
00:16:59,600 --> 00:17:05,679
law enforcement officers deserve the
greatest respect and I simply ask the

82
00:17:04,240 --> 00:17:08,959
kind of questions I believe that every
one of you would want a county

83
00:17:07,439 --> 00:17:12,400
commissioner ask if they see something
like that.

84
00:17:10,720 --> 00:17:16,240
I'm not going to comment any further on
that issue either as it will play out

85
00:17:14,720 --> 00:17:21,360
along with the audiovisisual evidence
that exists in a separate legal process.

86
00:17:19,679 --> 00:17:25,439
What I can say is that I'm working to
learn from my mistakes

87
00:17:23,520 --> 00:17:29,840
and that for however long or short of
time I may have left in this role, I

88
00:17:27,839 --> 00:17:35,600
will keep doing work that this community
deserves to the best of my ability.

89
00:17:32,559 --> 00:17:39,520
Again, I am truly sorry to my family and
to all of you.

90
00:17:38,000 --> 00:17:42,960
Thank you, Mr. Chairman, for allowing me
to speak.

91
00:17:41,120 --> 00:17:48,080
» Thank you.
Are you completed? Okay.

92
00:17:46,080 --> 00:17:55,160
I will formally move to item three,
which is public comment. [clears throat]

93
00:17:51,039 --> 00:17:55,160
Anyone that would like to come forth?

94
00:17:55,840 --> 00:18:00,400
» Morning, George.
>> Morning.

95
00:17:58,880 --> 00:18:04,799
I've got a few comments I'd like to
enter in the record and I appreciate

96
00:18:02,000 --> 00:18:11,760
your time. I'm be as concise as I can
be, but I'd like to say a few things as

97
00:18:06,400 --> 00:18:14,880
we face the the big data center issue.
All of my adult life, I've heard

98
00:18:13,280 --> 00:18:18,640
warnings at a time when robots could
become more intelligent than people.

99
00:18:17,120 --> 00:18:22,000
From scientists, we've heard warnings
from scientists, scholars, teachers,

100
00:18:20,320 --> 00:18:26,320
writers, filmmakers, and we all hope
mankind will put a stop to it over the

101
00:18:23,679 --> 00:18:30,880
years, but no one has. And here we are
now staring at that danger. Even the

102
00:18:29,280 --> 00:18:34,799
developers of artificial intelligence
have warned us. Three years ago, Elon

103
00:18:32,799 --> 00:18:39,600
Musk called AI the greatest existential
threat to mankind.

104
00:18:37,120 --> 00:18:43,280
Today, the trillionaire Elon Musk is
pushing ahead because he aims to own

105
00:18:41,760 --> 00:18:47,840
them.
Why should we cooperate?

106
00:18:45,679 --> 00:18:52,799
This summer, the president of another AI
developer, Anthropic, broke a deal with

107
00:18:50,080 --> 00:18:56,799
the US Pentagon, to create autonomous
soldiers who could do battle without

108
00:18:54,400 --> 00:19:02,080
human commanders. There was no law
against creating it. This year, AI

109
00:19:00,080 --> 00:19:07,039
robots from Anthropic and another AI
company, Open AAI, were tested to see

110
00:19:04,720 --> 00:19:11,679
how they would operate on websites that
had established boundaries and

111
00:19:08,799 --> 00:19:15,520
established confines to see what link
they would go to. The AI program has

112
00:19:14,240 --> 00:19:19,520
figured out a way to break through the
boundaries, invading real websites

113
00:19:17,440 --> 00:19:23,440
without anyone knowing it until days or
weeks later. And in the ensuing public

114
00:19:22,000 --> 00:19:27,919
discussion, it became known that AI
companies cannot shut these programs

115
00:19:25,120 --> 00:19:31,520
down if they go too far.
There's a move now in Congress to

116
00:19:29,520 --> 00:19:35,600
require companies or a federal agency to
have a kill switch. It seems like an

117
00:19:34,000 --> 00:19:39,520
obvious safeguard, but Congress is
mostly paralyzed with partisan fights

118
00:19:38,000 --> 00:19:43,919
and some members are reluctant to
restrain AI because the industry is

119
00:19:41,360 --> 00:19:48,640
driving our economy, pushing the stock
market to here to four unimagined

120
00:19:46,320 --> 00:19:54,640
levels.
But nearly 88,000 US jobs were lost in

121
00:19:51,760 --> 00:20:01,440
the first five months of 2026 attributed
to AI according to a report by CNBC.

122
00:19:59,919 --> 00:20:06,000
Anyone who makes a living now to
computers have to be replaced within a

123
00:20:02,880 --> 00:20:11,280
year or 18 months. Many analysts say
Musk recently said that he expects at

124
00:20:07,919 --> 00:20:16,000
least 100 million human robots,
if not a billion, within five years.

125
00:20:13,919 --> 00:20:20,480
That seems a bit dreamy, but it seems
possible given that robots can build

126
00:20:18,720 --> 00:20:24,640
robots.
People have to be very skilled to have a

127
00:20:22,400 --> 00:20:29,600
job that AI just couldn't do. Professor
Jeffrey Hinting Hinton, who is

128
00:20:27,440 --> 00:20:35,280
considered the godfather of AI, said
recently, "The question is not will AI

129
00:20:32,799 --> 00:20:39,840
replace workers. The question now is who
owns the robots, the data, and the

130
00:20:37,520 --> 00:20:45,840
intelligence. They will determine the
future for the rest of us," Hinton said.

131
00:20:42,640 --> 00:20:49,679
Consider that AI is already a thief.
When chat bots are trained, they are fed

132
00:20:48,080 --> 00:20:53,520
collected information assembled through
the centuries, created by individuals

133
00:20:51,360 --> 00:20:57,280
and companies, most of it copyrighting
or at least attributed to the author.

134
00:20:55,520 --> 00:21:00,240
Protected from exploitation from those
who would use it for their own gain

135
00:20:58,480 --> 00:21:06,400
without acknowledging, let alone
compensating the authors. This is

136
00:21:02,240 --> 00:21:09,760
illegal. But AI industry does it anyway.
It is powered by billions of dollars

137
00:21:08,080 --> 00:21:15,200
from investors who aim to own the
robots, the data, and the intelligence,

138
00:21:11,679 --> 00:21:20,240
such as Elon Musk. Few if any cooper cop
copyright holders confided. The New York

139
00:21:18,000 --> 00:21:25,679
Times has had a lawsuit against Open AI
for three years and is still unresolved.

140
00:21:23,840 --> 00:21:28,960
AI uses [clears throat] stolen
information and more and more it does

141
00:21:27,280 --> 00:21:33,360
what is programmed to do. It thinks for
us, it keeps us engaged. It monopolizes

142
00:21:31,520 --> 00:21:36,559
our time and in many cases it
monopolizes our thoughts and our

143
00:21:34,960 --> 00:21:40,799
emotions.
AI on our smartphones can listen to

144
00:21:38,799 --> 00:21:44,960
conversations, record our movements, our
likes, our dislikes, or even our

145
00:21:42,480 --> 00:21:49,760
inclinations amounting to illegal
searches and seizures.

146
00:21:47,039 --> 00:21:54,799
That information is recorded in data
centers. In return, we are bombarded

147
00:21:52,640 --> 00:21:59,440
with advertisements and spam calls, many
of which seek to fraudulently

148
00:21:56,880 --> 00:22:04,960
fraudulently con us out of our money,
not to mention our peace of mind. This

149
00:22:02,080 --> 00:22:10,480
stuff happens now with some 4,000 data
centers in various sizes operating in

150
00:22:07,360 --> 00:22:14,799
the United States and up to 1,000 hypers
scale centers

151
00:22:12,559 --> 00:22:18,400
which are with an accompanying power
plant can span up to two square miles

152
00:22:16,880 --> 00:22:22,880
are planned the next four years in the
United States according to the CNC

153
00:22:20,559 --> 00:22:27,360
technology group a new Jersey company
with 40 years of experience in

154
00:22:24,559 --> 00:22:32,559
technology. It is terrifying to think of
what they will be able to do. AI is

155
00:22:30,080 --> 00:22:38,159
explosive and totally unregulated.
Evidence of theft and fraud is rampant.

156
00:22:35,440 --> 00:22:42,640
AI creates fake videos, photos, and
documentaries and broadcast them through

157
00:22:39,840 --> 00:22:47,280
the out the AIdriven social media world
to captivated consumers.

158
00:22:45,120 --> 00:22:52,880
Until restrictions are written, AI can
do whatever its owners design it to do.

159
00:22:51,360 --> 00:22:57,520
I've often heard it said in meetings
such as this, there is no way to stop

160
00:22:54,640 --> 00:23:01,039
the growth of AI. Well, I suppose if we
don't try, that's true.

161
00:22:59,280 --> 00:23:06,559
But it seems like a lame way to start
addressing the situation.

162
00:23:03,520 --> 00:23:12,320
People are stopping it. From two May
2024 to March 2025, 64 billion in US

163
00:23:10,720 --> 00:23:16,880
data center projects have been blocked
or delayed by a growing wave of local

164
00:23:14,960 --> 00:23:21,919
bipartisan opposition. According to the
group data center watch, a few months

165
00:23:19,760 --> 00:23:26,880
ago, residents of Prince William County
and Virginia stopped the planned 2100

166
00:23:24,799 --> 00:23:30,400
acre development.
All over the country, people are

167
00:23:28,320 --> 00:23:34,000
confronting these developments. People
want future development to be lawful.

168
00:23:32,559 --> 00:23:40,000
They want it to be respectful of
individuals. And we want to determine

169
00:23:36,480 --> 00:23:44,720
our future while we still can.
Development has gone far enough now

170
00:23:43,039 --> 00:23:50,320
until the industry can be restricted
from going way too far in my opinion.

171
00:23:48,559 --> 00:23:54,720
And I trust that you will keep all this
in mind as you make decisions about the

172
00:23:52,480 --> 00:23:57,440
development of data centers in our
county.

173
00:23:56,159 --> 00:24:04,346
Thank you for your time and your
attention and your concern.

174
00:24:00,720 --> 00:24:04,346
» Thank you, George. [clears throat]

175
00:24:05,840 --> 00:24:10,720
» For the record, Mr. Chairman, I don't
know if he identified himself. I'd like

176
00:24:09,360 --> 00:24:13,360
that to be known as George.
>> I'm sorry. George Lobby. George.

177
00:24:12,960 --> 00:24:16,960
» Yes.
>> You did not identify yourself. I just

178
00:24:15,200 --> 00:24:19,120
did. I just But you can go ahead,
please.

179
00:24:17,360 --> 00:24:23,440
» George Lobby and the publisher of the
North Cloud Bulletin newspaper.

180
00:24:20,799 --> 00:24:25,906
» Thank you. Thank you, Joe.
>> Good morning, Nancy.

181
00:24:24,400 --> 00:24:29,360
» Good morning.
[clears throat] Nancy Nelson, settle in

182
00:24:27,279 --> 00:24:34,080
Nebraska. I just wanted to take this
time. Um

183
00:24:31,600 --> 00:24:39,200
I'm just the spokesman for the con um
our citizens group because it's Monday

184
00:24:36,559 --> 00:24:42,320
and it's at 10 o'clock. We are missing
some

185
00:24:40,880 --> 00:24:46,799
that are going to be able to read our
statements. So I just we have a packet

186
00:24:44,960 --> 00:24:51,679
that I want to hand out and all of our
statements to you and I'd like to be

187
00:24:48,640 --> 00:24:57,440
able to do that at this time. Um, we
appreciate the time that you guys have

188
00:24:53,600 --> 00:25:00,000
taken and that Judy has taken. Um, this
can just be used as a tool.

189
00:24:59,279 --> 00:25:03,799
» Okay.
>> Thank you.

190
00:25:00,559 --> 00:25:03,799
» You bet.

191
00:25:14,880 --> 00:25:18,919
» Anyone else at this time?

192
00:25:34,799 --> 00:25:39,440
Good morning, sir. I didn't mean to.
>> Good morning. That's okay. David Fleece,

193
00:25:38,400 --> 00:25:42,240
Southerntherland, Nebraska.
>> Morning, David.

194
00:25:40,240 --> 00:25:46,559
» Um,
I'm glad you guys are all here this

195
00:25:44,240 --> 00:25:52,480
morning and this is open to the public.
What little research I've done about

196
00:25:49,440 --> 00:25:59,520
data centers is that they, you know,
about the com effects they have on the

197
00:25:54,880 --> 00:26:06,240
communities. Um, there's pros and cons.
Um,

198
00:26:01,760 --> 00:26:11,840
but the one thing that I've seen from
all articles I've read is that you

199
00:26:08,720 --> 00:26:17,679
cannot have a strong enough community
agreement

200
00:26:14,159 --> 00:26:25,200
to govern these data centers.
Some communities have strong community

201
00:26:20,880 --> 00:26:29,919
agreements, some do not. and everything
I've read,

202
00:26:28,240 --> 00:26:34,880
you need to make it as strong as you
can. That is up to you, five

203
00:26:32,720 --> 00:26:41,360
individuals.
And we are asking you if you consider to

204
00:26:37,840 --> 00:26:46,080
let a data center come in Lincoln County
that you guys do everything you can to

205
00:26:43,440 --> 00:26:50,640
make it as strong agreement as you can
to benefit every person in Lincoln

206
00:26:49,039 --> 00:26:57,279
County.
Now, you know, I haven't read through

207
00:26:53,279 --> 00:27:01,039
all of this, but I think
with the people here and what you're

208
00:26:59,120 --> 00:27:06,320
going to hear today
is that you can do better than this.

209
00:27:03,600 --> 00:27:11,679
Still go back to the drawing board, take
as much time as you need. One of the

210
00:27:09,200 --> 00:27:17,039
suggestions that I've read is that you
can get copies of community agreements

211
00:27:14,559 --> 00:27:22,240
from other cities that have strong
agreements and model year agreement

212
00:27:19,279 --> 00:27:26,720
after that. Some of them local school
districts get an annual payment of over

213
00:27:24,240 --> 00:27:32,320
a million dollars. These guys got
unimaginable money.

214
00:27:29,200 --> 00:27:37,200
So, we're asking you if this goes
through, you make sure that this is as

215
00:27:35,200 --> 00:27:42,720
strong of an agreement as you can
possibly get for all of us. Thank you.

216
00:27:40,799 --> 00:27:47,840
» Thank you, David.
>> Mr. Chairman, um, with regard to public

217
00:27:46,159 --> 00:27:51,120
comment, and I know that there's
probably a lot of people that are here

218
00:27:49,440 --> 00:27:55,600
that are wanting to speak specifically
to data centers and our regulations. Um,

219
00:27:54,000 --> 00:27:59,919
but if we want that to be part of the
official record as evidence, we should

220
00:27:58,000 --> 00:28:04,799
probably have that during the public
hearing so that it can be included in

221
00:28:01,760 --> 00:28:08,000
the body of evidence that we consider
um and not during the public comment

222
00:28:07,039 --> 00:28:11,200
time.
>> Just throwing that out there. I mean,

223
00:28:09,360 --> 00:28:15,360
I'm not not preventing anybody from
coming up. they want to talk about those

224
00:28:13,120 --> 00:28:18,559
regulations now, by all means, but if
they want their comments included as

225
00:28:16,880 --> 00:28:23,840
part of the record and the evidence that
we consider, um, the public hearing is

226
00:28:22,320 --> 00:28:26,399
probably better for that.
>> Understood.

227
00:28:24,559 --> 00:28:32,720
» Thank you for pointing that out, Chris.
I agree [clears throat] that if there's

228
00:28:28,480 --> 00:28:37,600
any more directly addressing um the
public hearing portion, it would be best

229
00:28:35,039 --> 00:28:40,600
for us to hear that during the public
hearing.

230
00:28:41,039 --> 00:28:51,120
Okay, thank you. Uh, anyone else at this
time?

231
00:28:46,320 --> 00:28:55,279
No one. We're going to move on then.
Uh, we're going to move to item four

232
00:28:52,960 --> 00:28:58,320
then. Um, [clears throat]
claims and treasures receipts is first

233
00:28:57,120 --> 00:29:02,880
up.
>> Mr. Chairman, I make a motion that we

234
00:29:00,640 --> 00:29:09,520
approve of claims and treasurers
receipts with the ability to address

235
00:29:06,399 --> 00:29:13,279
anything at a later time if we have a
question.

236
00:29:10,960 --> 00:29:20,279
» Second. We have a motion and a second.
Are there questions on said claims or

237
00:29:16,799 --> 00:29:20,279
treasures receipts?

238
00:29:21,440 --> 00:29:24,880
» Roll call, please. Wers.
>> Hi.

239
00:29:24,480 --> 00:29:26,159
» Hi
>> Woodruff.

240
00:29:25,679 --> 00:29:27,200
» Hi
>> Bruns.

241
00:29:26,640 --> 00:29:30,840
» Hi
>> Williams.

242
00:29:27,840 --> 00:29:30,840
» Hi.

243
00:29:35,279 --> 00:29:41,679
» Next up we have an authorization for the
chair to sign proposals of Kidwell for

244
00:29:39,520 --> 00:29:47,559
the courthouse department roads
detention center and noxious speed

245
00:29:43,200 --> 00:29:47,559
department for security camera upgrades.

246
00:29:48,799 --> 00:29:59,360
We have four different contracts here
and I think we've all been apprised that

247
00:29:54,799 --> 00:30:05,360
this is a compliance requirement
um that impacts

248
00:30:02,080 --> 00:30:08,480
everything from grants to
>> federal funding.

249
00:30:06,080 --> 00:30:12,720
» Federal funding. So
they've been they were in your packet.

250
00:30:10,159 --> 00:30:22,279
Does anyone have questions on these
individually?

251
00:30:14,960 --> 00:30:22,279
I can read in see for the information

252
00:30:22,880 --> 00:30:30,960
specific information. I believe the
first one is

253
00:30:27,600 --> 00:30:38,600
looking for the contract page.
This one is for the courthouse itself.

254
00:30:34,000 --> 00:30:38,600
The cost is going to be 132,845.

255
00:30:41,039 --> 00:30:49,159
Second up is the uh Department of Roads
facility

256
00:30:46,159 --> 00:30:49,159
62,295.

257
00:30:54,399 --> 00:31:04,360
Third is the
jail portion that is impacted by these

258
00:31:00,159 --> 00:31:04,360
these cameras 18,185.

259
00:31:05,600 --> 00:31:08,919
And finally,

260
00:31:09,120 --> 00:31:18,559
the noxious weed department. And I
assume also that's going to impact the

261
00:31:13,120 --> 00:31:21,279
emergency manager building. $42,785
>> and the dive team building.

262
00:31:19,919 --> 00:31:24,279
» And the dive team. Well, thank you for
that,

263
00:31:25,120 --> 00:31:29,279
» Chair.
>> Yes, sir.

264
00:31:27,120 --> 00:31:32,320
I would move that we authorize your
signature and other appropriate

265
00:31:30,799 --> 00:31:35,919
signatures.
Proposals with Kidwell for the

266
00:31:33,840 --> 00:31:41,279
courthouse department roads detention
center and anoxious speed department for

267
00:31:38,240 --> 00:31:48,120
security camera.
>> Second motion second. Do we have

268
00:31:43,679 --> 00:31:48,120
questions, comments?

269
00:31:48,320 --> 00:31:51,919
Hearing none.
>> Roll call, please.

270
00:31:51,440 --> 00:31:52,880
» Woodruff.
>> Hi.

271
00:31:52,399 --> 00:31:53,760
» Fuller.
>> Hi.

272
00:31:53,279 --> 00:31:55,120
» Bruns.
>> Hi.

273
00:31:54,720 --> 00:31:58,840
» Hi.
>> Wings. All right.

274
00:32:54,640 --> 00:32:58,760
Okay, thank you.

275
00:33:06,720 --> 00:33:12,720
It is now 9:22.
At this time, we will recess as the

276
00:33:10,960 --> 00:33:15,360
board of commissioners and convene as
the Lincoln County Board of

277
00:33:13,760 --> 00:33:21,039
Equalization.
Once again, abiding by the open being

278
00:33:17,120 --> 00:33:26,080
exact uh copy of the five-page directive
here at the end of the table and at the

279
00:33:22,640 --> 00:33:29,440
podium for your review.
First item under the board of

280
00:33:27,279 --> 00:33:33,120
equalization would be to approve our
meeting minutes held August 24th of

281
00:33:32,000 --> 00:33:36,159
2026.
>> Chair, I would move that we approve

282
00:33:34,720 --> 00:33:41,519
those minutes regarding the Lincoln
County Board of Equalization meeting

283
00:33:38,159 --> 00:33:45,840
held on August 24, 2026.
>> Second. We have a motion and a second.

284
00:33:44,480 --> 00:33:47,919
Roll call, please.
>> Woodruff,

285
00:33:46,480 --> 00:33:48,720
» I.
>> Wer.

286
00:33:48,399 --> 00:33:49,919
» I.
>> Bruns.

287
00:33:49,200 --> 00:33:52,240
» Abstain.
>> Williams.

288
00:33:50,640 --> 00:33:56,960
» I.
Second is the public comment period for

289
00:33:54,000 --> 00:34:00,559
board of equalization topics. If anybody
if anyone is here that would like to

290
00:33:58,399 --> 00:34:04,120
speak to board of equalization issues,
this is your opportunity.

291
00:34:05,120 --> 00:34:11,200
See no one coming forth for board of
equalization business.

292
00:34:09,119 --> 00:34:18,079
We'll move on to certificates correction
refunds spend by the county assessor.

293
00:34:15,359 --> 00:34:23,119
Julie indicates she has none for us this
morning. So this will be a very brief

294
00:34:19,760 --> 00:34:28,639
session for the board of equalization.
So at 9:23 we shall adjourn as a Lincoln

295
00:34:27,200 --> 00:34:33,040
County Board of Equalization and
reconvene as a Lincoln County Board of

296
00:34:30,480 --> 00:34:36,040
Commissioners. Our next item will be at
9:30.

297
00:36:47,599 --> 00:36:52,280
That was caught on the back of this.

298
00:39:07,547 --> 00:39:09,567
» [snorts]

299
00:40:39,903 --> 00:40:41,923
[clears throat]

300
00:40:42,640 --> 00:40:49,599
» It
>> is now 9:30. Item six [clears throat]

301
00:40:47,440 --> 00:40:55,200
is discuss and consider action on an
application by Royal Ramos

302
00:40:52,720 --> 00:40:59,920
for Ramos administrative subdivision
located in a TA1

303
00:40:57,599 --> 00:41:05,920
transitional agricultural district on
property described as part of lot 3

304
00:41:03,040 --> 00:41:12,560
section 20 township 12 north range 26
west of the 6pm Lincoln County Nebraska.

305
00:41:08,960 --> 00:41:16,079
Good morning Judy. Morning. Judy Clark,
um, county planning and zoning

306
00:41:14,480 --> 00:41:20,880
administrator. It's probably going to be
the easiest one you have for me today.

307
00:41:18,000 --> 00:41:25,040
So, um, what you see in front of you is
a copy of the review comments. Um,

308
00:41:22,960 --> 00:41:31,520
attached to that. It's a couple of
location maps of where this, um,

309
00:41:27,440 --> 00:41:38,240
subdivision is located and a, uh,
preliminary and final plat. Um, the

310
00:41:34,480 --> 00:41:42,240
subdivision is creating a 3.28 acre lot.
The applicant is proposing to build a

311
00:41:40,079 --> 00:41:46,480
new residential dwelling on the lot.
Planning staff has no objection to the

312
00:41:44,160 --> 00:41:49,680
subdivision. The subdivision is in
conformance with the Lincoln County

313
00:41:47,760 --> 00:41:55,280
comprehensive plan zoning regulations
and the subdivision regulations. Full

314
00:41:52,560 --> 00:42:02,319
disclosure, this
sub this lot exists. Um, couple years

315
00:41:59,839 --> 00:42:08,079
ago, an attorney just made a meats and
bounds description and it was filed at

316
00:42:05,119 --> 00:42:12,480
the courthouse.
without me knowing about it. So, that

317
00:42:10,480 --> 00:42:17,280
does happen periodically.
Um, it was caught that it was an illegal

318
00:42:15,520 --> 00:42:23,599
subdivision when the gentleman that is
wanting to buy build a house on it um

319
00:42:20,319 --> 00:42:29,200
came in and asked for a permit to do so.
So, um I told him that lot was not a

320
00:42:26,400 --> 00:42:32,960
legal lot even though he purchased it in
a transaction.

321
00:42:30,960 --> 00:42:36,880
Um and I had him go through the
subdivision process.

322
00:42:35,599 --> 00:42:39,760
So, just so you know,
>> this is is this off Highway 30?

323
00:42:38,880 --> 00:42:45,599
» Yes.
>> Okay. And it is rural. I mean,

324
00:42:42,480 --> 00:42:50,240
» transitional egg and with the 3.28, they
did meet the regulations for the

325
00:42:47,440 --> 00:42:53,760
requirement for the over three acres um
when they did that, but that does happen

326
00:42:52,400 --> 00:43:00,000
every once in a while.
>> Question. Is it just east of Hershey?

327
00:42:58,800 --> 00:43:03,839
» Brady.
>> Oh, Brady. Because it's a little map I

328
00:43:01,920 --> 00:43:09,119
could not see. Sorry, I did not label it
well, but it is Brady.

329
00:43:05,599 --> 00:43:14,160
» So, the question I would have is uh no
problem with uh right away on the drive

330
00:43:12,160 --> 00:43:17,359
coming off of with the state off of
Highway 30.

331
00:43:15,200 --> 00:43:23,520
» Um I'm not sure if they have talked to
the state about that. I did send them

332
00:43:19,520 --> 00:43:26,640
there. I told them also um to talk with
Jason just in case there were some

333
00:43:25,200 --> 00:43:31,520
issues there, but it should be a state
rightaway permit.

334
00:43:29,359 --> 00:43:34,800
And I believe there's already an access
there. It just needs to be widened a

335
00:43:33,680 --> 00:43:43,319
little bit.
>> When was the purchase of the lot?

336
00:43:37,760 --> 00:43:43,319
» Um I believe it was back in 2021

337
00:43:44,800 --> 00:43:53,359
when they did that.
I know you're you're looking kind of

338
00:43:49,839 --> 00:43:56,800
puzzled. It does happen. Sometimes
attorneys have the ability to write

339
00:43:54,880 --> 00:44:01,760
legal descriptions. Um Tyler can tell
you that sometimes attorneys or

340
00:43:59,119 --> 00:44:07,119
reitterers won't check and make sure
they're meeting the regulations. And so

341
00:44:04,800 --> 00:44:11,760
it does get filed at the courthouse. And
then sometimes I'll catch it, sometimes

342
00:44:09,599 --> 00:44:15,839
the registers of deeds office will catch
it, sometimes the assessor's office will

343
00:44:13,839 --> 00:44:20,960
catch it. I'm not sure why this one did
not get caught at the time, but it

344
00:44:18,319 --> 00:44:24,480
didn't. And so we caught it now and
we're cleaning up a mess.

345
00:44:22,480 --> 00:44:28,560
» Yeah. and and it's not necessarily
pertaining to what we're considering

346
00:44:27,040 --> 00:44:35,440
here today, but I'm probably going to
have some questions on that workflow

347
00:44:31,599 --> 00:44:40,000
» and finding out ensuring that all uh
parties, all departments are are

348
00:44:37,440 --> 00:44:43,040
speaking to each other and that you know
things are getting assessed

349
00:44:41,040 --> 00:44:48,640
appropriately, people are paying the
appropriate taxes.

350
00:44:45,040 --> 00:44:52,720
Um so that'll be a discussion for after
the meeting. Thanks Judy.

351
00:44:50,160 --> 00:44:56,800
» I agree. Thanks, Judy, for bringing this
to our attention and catching it. Uh,

352
00:44:54,800 --> 00:45:02,319
and that was going to be where I went,
Commissioner Bruns, was um putting

353
00:45:00,240 --> 00:45:05,599
safeguards in place to prevent it from
happening. Like you said, it doesn't

354
00:45:03,680 --> 00:45:07,599
happen very often, but it does happen.
So,

355
00:45:05,920 --> 00:45:11,200
» yeah, it it's a little tough to have the
registered deeds, the assessor, and

356
00:45:09,280 --> 00:45:15,920
myself know each other's jobs. I mean,
we we focus on our one job, and so it's

357
00:45:13,920 --> 00:45:21,599
nobody's fault. It just happen. And it
does happen every once in a while, but

358
00:45:17,760 --> 00:45:27,280
we usually catch them at some point.
Thank you. Mayor Chair, I would move

359
00:45:24,319 --> 00:45:31,319
that we approve the Ramos administrative
subdivision as described.

360
00:45:31,839 --> 00:45:38,640
» Second.
>> Have a motion and a second. Any

361
00:45:34,800 --> 00:45:40,800
questions, comments?
>> Roll call, please.

362
00:45:39,839 --> 00:45:42,240
» Woodruff.
>> Hi.

363
00:45:41,280 --> 00:45:44,160
» Wer. Hi.
>> Bruns. Hi.

364
00:45:43,760 --> 00:45:48,920
» Hi.
>> Williams.

365
00:45:44,800 --> 00:45:48,920
» Hi. Thank you, Judy.

366
00:46:08,079 --> 00:46:13,599
Those of you don't that don't have an
agenda, our next item is at 9:40.

367
00:46:27,920 --> 00:46:32,440
What is this supposed to be?

368
00:46:36,960 --> 00:46:44,319
» I think this was attached to the last
invoice. I don't even know.

369
00:46:41,920 --> 00:46:50,160
» Uh, one of the first invoices. I
recognize the item.

370
00:46:47,200 --> 00:46:54,920
Probably was the front of that. I
certainly saw that.

371
00:46:51,440 --> 00:46:54,920
» This must be

372
00:47:00,000 --> 00:47:05,200
» No, actually, no, that's not it.
>> Oh, and I really

373
00:47:03,920 --> 00:47:06,720
» I'll have to dig it out. Show it to
>> I really don't know what you're talking

374
00:47:06,319 --> 00:47:09,200
about.
>> Yeah. had your name on it. So I was

375
00:47:08,560 --> 00:47:14,160
like,
>> "Okay, she asked a question of this."

376
00:47:12,000 --> 00:47:17,319
Oh, here it is.
That way

377
00:47:39,280 --> 00:47:44,640
Maybe Becky knows where it came from.
>> It was email.

378
00:47:43,680 --> 00:47:48,280
» It was to me.
>> Email.

379
00:47:45,280 --> 00:47:48,280
» Mhm.

380
00:47:53,518 --> 00:47:55,538
[clears throat]

381
00:48:02,720 --> 00:48:10,720
Yeah, I've never heard of this company
before or had any contact.

382
00:48:08,319 --> 00:48:19,440
» I wonder if it's because on some
websites I'm still the chair.

383
00:48:15,599 --> 00:48:23,480
» Well, that's entirely possible.
>> Merry Christmas.

384
00:48:20,319 --> 00:48:23,480
» Thank you.

385
00:48:24,303 --> 00:48:26,323
» [clears throat]

386
00:48:39,200 --> 00:48:42,440
» might also

387
00:48:42,480 --> 00:48:49,440
contact.
>> Yeah.

388
00:48:47,280 --> 00:48:52,760
» Yeah. And you that does generate a lot
of that stuff.

389
00:48:53,520 --> 00:48:56,640
Can I have this?
>> Absolutely.

390
00:48:54,880 --> 00:49:00,960
» You should have one in your packet.
>> It's all right. I I don't need it.

391
00:48:58,960 --> 00:49:04,960
» Is it that one underneath here? The
paper

392
00:49:03,440 --> 00:49:09,880
» is the one from
>> Should have been on top of your stuff

393
00:49:06,640 --> 00:49:09,880
for your

394
00:49:10,880 --> 00:49:16,440
» There's no guarantee it could be in
here.

395
00:49:12,800 --> 00:49:16,440
» She can have that one.

396
00:49:16,880 --> 00:49:22,960
It's kind of like it was coming out of
left field because I didn't I didn't

397
00:49:21,280 --> 00:49:27,119
engage the company in it.
>> Yeah, me either that I remember.

398
00:49:24,640 --> 00:49:33,559
» And I thought well somebody can make
heads or tails of this.

399
00:49:29,599 --> 00:49:33,559
» I'll take a look at it.

400
00:50:10,480 --> 00:50:18,920
Isn't that cool? I've got a picture of
Joe on the back.

401
00:50:14,880 --> 00:50:18,920
» Never seen him wear a hat before.

402
00:50:21,359 --> 00:50:29,720
They've got your picture on the
backboard, Joe.

403
00:50:25,839 --> 00:50:29,720
» I didn't know you had a hat.

404
00:50:33,119 --> 00:50:39,079
» I haven't seen
>> it.

405
00:50:42,319 --> 00:50:48,240
I'm old [clears throat] school. I hope
we always remember.

406
00:50:44,559 --> 00:50:53,280
» It is now 9:40. Item seven
is to discuss and consider setting Sep

407
00:50:50,880 --> 00:50:59,200
September 21st,
2026 at 11:00 a.m. for public hearing to

408
00:50:56,079 --> 00:51:04,800
receive comments on the proposed 2026
2027 fiscal year Lincoln County,

409
00:51:01,520 --> 00:51:08,720
Nebraska budget. Becky,
>> this was the date that uh the auditor or

410
00:51:07,280 --> 00:51:12,319
not the auditor, the accountant and I
had planned for the public hearing for

411
00:51:10,640 --> 00:51:17,520
the board. We have several weeks yet to
work on the budget and we should be

412
00:51:14,240 --> 00:51:20,240
ready by then. Okay,
>> Mr. Chairman, are you ready?

413
00:51:18,960 --> 00:51:28,559
» I am.
>> I will make a motion that we set

414
00:51:24,079 --> 00:51:33,280
September 21st at 2026 at 11:00 a.m. for
the public [clears throat] hearing to

415
00:51:29,599 --> 00:51:37,520
receive comments on the proposed 2026
2027 fiscal year Lincoln County,

416
00:51:35,920 --> 00:51:42,640
Nebraska budget.
>> Second. Motion and second. Any

417
00:51:40,480 --> 00:51:45,839
questions?
Roll call, please. Wer.

418
00:51:44,880 --> 00:51:46,880
» Hi.
>> Hi.

419
00:51:46,319 --> 00:51:47,760
» Runs.
>> Hi.

420
00:51:47,280 --> 00:51:51,800
» Woodruff.
>> Hi.

421
00:51:48,079 --> 00:51:51,800
» We hi.

422
00:51:55,599 --> 00:52:03,280
» And once again, for those that don't
have an agenda in their hand, uh, our

423
00:51:59,599 --> 00:52:06,920
next item is 10 a.m.
>> while we sign claims.

424
00:52:36,559 --> 00:52:39,559
Somebody

425
00:52:46,306 --> 00:52:48,326
[snorts]

426
00:52:55,200 --> 00:52:59,319
» I got mine in his office

427
00:53:00,000 --> 00:53:03,319
first hand.

428
00:53:23,839 --> 00:53:29,559
reading for you, sir. Actually, you're a
little short on

429
00:53:30,400 --> 00:53:34,119
should see me at trial.

430
00:53:34,880 --> 00:53:38,440
Papers and ideas.

431
00:54:04,252 --> 00:54:06,272
» [clears throat]

432
00:54:43,440 --> 00:54:46,640
» Well, I have

433
00:56:21,359 --> 00:56:24,359
Exactly.

434
00:56:44,559 --> 00:56:51,640
a legitimate charge
here.

435
00:56:48,640 --> 00:56:51,640
Um

436
00:56:52,559 --> 00:56:57,240
these are nice think

437
00:57:02,640 --> 00:57:11,440
» I mean assuming that is definitely under
the new budget that would be for

438
00:57:08,400 --> 00:57:15,480
July and August. So
>> yeah I mean that' be at least for

439
00:57:12,480 --> 00:57:15,480
August.

440
00:57:15,599 --> 00:57:19,400
We might have to do a

441
00:57:24,720 --> 00:57:28,200
Three of us already.

442
00:57:32,480 --> 00:57:36,119
» That was part of the motion.

443
00:57:38,319 --> 00:57:47,559
» I think it's new budget year.
>> It's the new budget.

444
00:57:43,680 --> 00:57:47,559
» Supposed to have been modified.

445
00:57:48,960 --> 00:57:52,520
That's supposed to be

446
00:58:09,440 --> 00:58:15,160
» Oh, you have the caveat. So, we can pull
it,

447
00:58:12,160 --> 00:58:15,160
» right?

448
00:58:17,040 --> 00:58:22,119
I don't think so. We don't mention any
others.

449
00:58:27,839 --> 00:58:31,799
» That's a question for Tyler.

450
00:58:49,839 --> 00:58:55,480
I don't think I understand everything I
should about that.

451
00:58:57,119 --> 00:59:05,480
» I thought we talked about that last
>> It was supposedly removed from the

452
00:59:02,480 --> 00:59:05,480
budget.

453
00:59:07,839 --> 00:59:13,920
during our budget meeting,
>> but I don't

454
00:59:11,520 --> 00:59:20,280
» Well, they they they said at our budget
review that they would

455
00:59:16,640 --> 00:59:20,280
» they amended their

456
00:59:28,799 --> 00:59:32,040
» over here.

457
00:59:35,520 --> 00:59:43,040
So something that we had
>> well that that specifically was

458
00:59:41,200 --> 00:59:47,960
requested that that be removed because
it's part of the perview of

459
00:59:48,880 --> 00:59:52,440
» there is no statement

460
00:59:53,280 --> 00:59:56,280
» can't

461
01:00:03,839 --> 01:00:07,640
got attached to something

462
01:00:30,319 --> 01:00:33,319
else.

463
01:00:34,960 --> 01:00:38,280
Steve look

464
01:00:42,480 --> 01:00:49,799
» I can comment
hopefully clarify

465
01:00:58,799 --> 01:01:04,839
» I think it's just
form.

466
01:01:05,280 --> 01:01:11,319
» Sounds like a pretty simple.
>> We know where those came from.

467
01:01:21,280 --> 01:01:24,920
» I'm sure we paid.

468
01:01:25,440 --> 01:01:35,160
» I'm gonna blame it on Joe.
>> I [clears throat] I did it. It was

469
01:01:31,040 --> 01:01:35,160
probably under my desk.

470
01:01:37,760 --> 01:01:40,760
» Probably

471
01:01:56,240 --> 01:01:59,240
minutes.

472
01:02:07,599 --> 01:02:10,599
Yeah,

473
01:02:12,799 --> 01:02:15,799
please.

474
01:02:22,799 --> 01:02:25,799
Let's

475
01:02:36,240 --> 01:02:39,240
hear.

476
01:02:52,160 --> 01:02:55,160
Okay.

477
01:03:20,400 --> 01:03:23,119
» Hello.

478
01:04:04,480 --> 01:04:08,280
Are you kidding me?

479
01:04:15,359 --> 01:04:19,880
I'm getting nervous about all my titles.

480
01:04:31,119 --> 01:04:40,799
challenging for me because there are so
many different entities and that's what

481
01:04:36,720 --> 01:04:46,814
we do. Each each different departments
on a different color paper and it really

482
01:04:43,599 --> 01:04:48,834
helps me keep everything.
[clears throat]

483
01:05:22,079 --> 01:05:26,640
Well, this might have been the week he
was on vacation.

484
01:05:25,039 --> 01:05:29,039
» Okay. All right.
>> I bet you it was.

485
01:05:27,680 --> 01:05:32,880
» Okay.
Yeah, when I think he was in Alaska and

486
01:05:31,920 --> 01:05:37,520
they don't need her.
>> All right. All right.

487
01:05:35,440 --> 01:05:40,640
I read the whole letter.
>> People like you don't do vacation, so

488
01:05:39,520 --> 01:05:44,920
it's hard.
>> Okay, I'm with you. Thank you.

489
01:05:47,839 --> 01:05:54,039
» I do remember because I got a couple of
phone calls.

490
01:05:51,039 --> 01:05:54,039
» Okay.

491
01:06:10,079 --> 01:06:13,799
I was going to have Booker

492
01:06:16,559 --> 01:06:23,160
just like how minuscule
electricity

493
01:06:34,720 --> 01:06:40,200
That was part of that renovation. I
mean, I said, you know,

494
01:06:44,160 --> 01:06:50,440
» I think in
>> 18

495
01:07:01,119 --> 01:07:05,799
Well, I don't either. I don't want to be
dropped.

496
01:07:14,960 --> 01:07:19,400
» Yeah, these are all AC cross.

497
01:07:40,000 --> 01:07:43,559
No, it's fine.

498
01:07:45,200 --> 01:07:50,119
» Well, that's I know. [snorts]
I know.

499
01:07:51,526 --> 01:07:53,547
» [clears throat]

500
01:08:09,039 --> 01:08:12,039
» Christ,

501
01:08:18,319 --> 01:08:22,367
right?
>> [clears throat]

502
01:08:33,199 --> 01:08:36,920
» on the public hearing.

503
01:08:53,040 --> 01:08:56,279
Thank you.

504
01:08:56,719 --> 01:09:00,600
» Okay. Five.

505
01:09:29,777 --> 01:09:31,797
» [clears throat]

506
01:09:35,672 --> 01:09:37,692
[laughter]

507
01:09:39,839 --> 01:09:42,239
» But not

508
01:09:44,188 --> 01:09:46,208
» [clears throat]

509
01:10:28,159 --> 01:10:34,120
» So the first one must be this guy right
here.

510
01:10:42,239 --> 01:10:50,560
Yeah, I'm sure I got mine out of order.
>> It is now 10:00 a.m. It is time for our

511
01:10:47,520 --> 01:10:54,320
public hearings, three of which we need
to conduct this morning.

512
01:10:53,618 --> 01:10:59,040
[clears throat]
Uh Tyler, would you like to lead off

513
01:10:56,159 --> 01:11:02,880
with some uh guidance for the uh
speakers?

514
01:11:00,000 --> 01:11:07,760
» I would. All right, folks. It's very
important we stay on topic for what is

515
01:11:04,800 --> 01:11:11,280
actually on the agenda today. The only
thing on the agenda today are some

516
01:11:09,120 --> 01:11:15,679
changes to our regulations. There's no
project, no rumored project, there's no

517
01:11:13,840 --> 01:11:19,679
applied for project. There's no project
south of Southerntherland we're going to

518
01:11:16,800 --> 01:11:23,280
talk about today. Here's why. If I were
a data center developer and I didn't

519
01:11:21,280 --> 01:11:27,120
like our regulations, the first thing I
would do is go to court and try to get

520
01:11:24,800 --> 01:11:31,440
them set aside. The best way to do that
is going to be through proving a

521
01:11:28,960 --> 01:11:36,000
violation of the Open Meetings Act. If
we get too far off agenda, we violate

522
01:11:33,199 --> 01:11:39,840
the open meetings act. I don't want the
public to be the reason our regulations

523
01:11:38,239 --> 01:11:43,679
get set aside and we're back down to the
one pager. Does everybody understand

524
01:11:42,000 --> 01:11:48,320
that?
Perfect. If you get off topic and start

525
01:11:46,080 --> 01:11:53,280
talking about a particular project, I
will warn you nicely. If I have to do it

526
01:11:51,120 --> 01:11:56,400
again, I'm probably going to consider
asking the chair to have you removed

527
01:11:54,880 --> 01:12:00,960
from the room so that we do not violate
the open meetings act. It's my only

528
01:11:58,400 --> 01:12:05,600
goal, folks. There will be a time place
for any particular project. I assume

529
01:12:03,600 --> 01:12:09,360
some enterprising young capitalist will
be renting torches and pitchforks across

530
01:12:07,280 --> 01:12:15,840
the street at the time. By all means,
come on down then. Today is about

531
01:12:11,360 --> 01:12:20,719
regulations only. Thank you.
All right. First one, first up is uh

532
01:12:18,880 --> 01:12:25,440
public hearing to discuss and consider
action on an amendment to the Lincoln

533
01:12:22,480 --> 01:12:29,199
County zoning regulations article 5
conditional uses regarding state

534
01:12:27,040 --> 01:12:34,320
legislative updates to conditional use
permit procedures.

535
01:12:31,199 --> 01:12:41,040
So at 10:01 I shall open this public
hearing regarding this topic and invite

536
01:12:37,360 --> 01:12:43,840
Judy Clark to give us the
uh details. [clears throat]

537
01:12:42,800 --> 01:12:48,719
Good morning.
>> Good morning. Judy Clark, Lincoln County

538
01:12:46,560 --> 01:12:53,440
Planning and Zoning Administrator. So,
the first item that we are looking at is

539
01:12:51,280 --> 01:12:58,560
the conditional use amendments to the
conditional use. So, you all received a

540
01:12:56,159 --> 01:13:03,440
copy of my review comments. Attached to
that is the current conditional use

541
01:13:01,600 --> 01:13:08,000
regulations
and then behind that is the draft

542
01:13:05,920 --> 01:13:12,400
regulations. you will first see a
resolution passed by the planning

543
01:13:10,239 --> 01:13:17,120
commission and then you will see the
draft of the conditional uses. So that

544
01:13:15,040 --> 01:13:21,199
is what was passed at the planning
commission level. Now going back to the

545
01:13:19,440 --> 01:13:26,400
front page of the review comments in
2026 the Nebraska state legislature

546
01:13:23,600 --> 01:13:30,239
passed LB663 setting standards and
processes that local governments are

547
01:13:28,000 --> 01:13:34,000
required to follow regarding the
conditional use permitting. These

548
01:13:32,320 --> 01:13:38,480
standards require planning commissions
and boards of commissioners to hear and

549
01:13:36,400 --> 01:13:42,800
act on applications under strict
timelines. Sometimes referred to as we

550
01:13:41,120 --> 01:13:47,679
have referred to it before the shot
clock limiting the county's ability to

551
01:13:45,520 --> 01:13:52,320
postpone decisions or in some cases to
require certain conditions to adhere to

552
01:13:50,480 --> 01:13:56,080
legislative mandates and to still be
able to have some local control.

553
01:13:54,400 --> 01:14:01,360
Planning staff is recommending the
proposed amendments. Now in that draft

554
01:13:58,960 --> 01:14:07,199
regulation and I am going to take 100%
the blame for this what was presented to

555
01:14:03,679 --> 01:14:11,920
the planning commission was missing
um what I feel is a very important

556
01:14:09,120 --> 01:14:18,159
portion of the conditional uses um which
you will see on that last set of drafts

557
01:14:14,719 --> 01:14:20,080
with the yellow highlights
I am asking

558
01:14:19,040 --> 01:14:22,239
» suggested edits
>> what was that

559
01:14:20,719 --> 01:14:27,760
» the suggested edits I think
>> the suggested edits that's what that

560
01:14:24,000 --> 01:14:34,400
cover page says suggested edits Um, I am
recommending that you add 2, three, 4,

561
01:14:30,800 --> 01:14:39,920
5, 6, 7, 8, 9, 10, 11, 12, 13, 14, and
15 to the current standards. Those are

562
01:14:37,679 --> 01:14:43,840
currently in, if you flip back to the
original, those are currently in our

563
01:14:41,840 --> 01:14:48,960
conditional uses.
I did not mean to wipe those out. That

564
01:14:46,880 --> 01:14:54,960
was very unintentional.
Not sure how that happened, but my job,

565
01:14:51,679 --> 01:14:58,960
I'll take the blame for it. So you're by
adding that you're not changing anything

566
01:14:56,719 --> 01:15:04,880
that doesn't already exist. I would just
like that added to the draft.

567
01:15:02,400 --> 01:15:08,400
Okay. So for the record, we have a
amendment to the Lincoln County zoning

568
01:15:06,480 --> 01:15:13,840
regulations
uh duly noted with these this amendment

569
01:15:11,600 --> 01:15:18,719
or reinsertion
>> would be the way to say that.

570
01:15:15,679 --> 01:15:25,040
» So that's part of the public record. Um,
we did have some folks um were kind

571
01:15:21,600 --> 01:15:28,719
enough to sign in early for the various
uh hearings if they're interested in

572
01:15:26,480 --> 01:15:32,800
speaking. Uh, we're going to try to give
everyone three minutes. Uh, we're not

573
01:15:30,640 --> 01:15:37,600
it's not written in stone. If you have a
a statement that takes a little longer,

574
01:15:34,719 --> 01:15:43,920
I understand that. Just try to be as
brief as you can and get all your points

575
01:15:39,840 --> 01:15:51,040
made. Um, so with the luxury of having a
couple signin sheets here for this first

576
01:15:46,239 --> 01:15:57,480
public hearing, um, I have one person
who requested to speak, Brandon Keller.

577
01:15:54,480 --> 01:15:57,480
Mayor,

578
01:16:01,199 --> 01:16:06,239
» morning everyone. [clears throat]
>> Tyler, I don't think I'm going to stray

579
01:16:04,480 --> 01:16:07,920
here, but if I do, just warn me. Okay,
>> I'll just throw you right out of your

580
01:16:07,440 --> 01:16:12,719
own.
>> Okay.

581
01:16:10,880 --> 01:16:17,840
Uh my name is Brandon Keller and I'm the
mayor of North Plat. I I do think that

582
01:16:16,000 --> 01:16:21,679
particularly sitting in your seats or
sitting in my seat from time to time,

583
01:16:20,000 --> 01:16:26,719
it's I'm going to allow me to state the
obvious because that's what I'm good at

584
01:16:23,280 --> 01:16:30,239
and rules are extremely important. And
the following of the rules and the order

585
01:16:28,239 --> 01:16:34,800
of the rules has a great deal of logic
to it, but it's not always obvious when

586
01:16:32,320 --> 01:16:38,719
you're reading them. So, I just want to
applaud you for moving forward with

587
01:16:36,960 --> 01:16:41,280
considering a set of rules because it is
highly important to the future of the

588
01:16:40,159 --> 01:16:44,800
community and the future of the county
and the future of the area. With that

589
01:16:43,600 --> 01:16:51,679
said, I'm just going to read a few
things from Nebraska legislature

590
01:16:48,560 --> 01:16:56,880
uh the statute 23-114.01,
which basically guides um

591
01:16:54,960 --> 01:17:02,560
county boards and the county planning
commission. Just highlighting some

592
01:16:58,480 --> 01:17:06,880
pieces of it. This particular one is
paragraph 5, section B.

593
01:17:05,679 --> 01:17:10,560
It's about halfway through the
paragraph. And it says, "Granting a

594
01:17:09,040 --> 01:17:14,960
conditional use permit or a special
exception by the commission or county

595
01:17:12,719 --> 01:17:19,120
board shall be based solely on county
zoning regulations."

596
01:17:17,040 --> 01:17:22,320
Again, following the rules. Highly
important. Highly important to

597
01:17:20,400 --> 01:17:26,719
understand that there are rules in
place, which is why it's important that

598
01:17:24,159 --> 01:17:30,320
we have rules. Little bit further at the
end of that paragraph, it says, "The

599
01:17:28,640 --> 01:17:34,000
granting of a conditional use permit or
special exception by a commission or

600
01:17:32,080 --> 01:17:38,880
county board shall not relieve the
applicant of any requirement to obtain

601
01:17:36,480 --> 01:17:44,159
other necessary permits from any
federal, state, or local agency.

602
01:17:41,199 --> 01:17:47,840
Basically, that means is the county or
the city cannot preempt federal

603
01:17:46,080 --> 01:17:51,199
regulations or state regulations. It's
obvious to all of us, but not always

604
01:17:49,440 --> 01:17:55,840
obvious to everyone who's considering
these things."

605
01:17:53,280 --> 01:17:59,600
Moving on to section six.
The power to grant conditional uses or

606
01:17:58,080 --> 01:18:03,440
special exceptions as set forth in
subsection five of this section shall be

607
01:18:01,440 --> 01:18:07,280
the exclusive authority of the
commission except that the county board

608
01:18:05,520 --> 01:18:12,000
of commissioners supervisors may choose
to retain for itself the power to grant

609
01:18:09,760 --> 01:18:17,679
conditional uses or special exceptions
for those classifications of uses

610
01:18:13,679 --> 01:18:21,760
specified in county zoning regulations.
long way of saying back to the county

611
01:18:19,280 --> 01:18:24,400
zoning relations. In your case, in this
county, you guys have the approval or

612
01:18:23,679 --> 01:18:27,760
the non-approval [clears throat]
authority. The county board of

613
01:18:26,480 --> 01:18:31,840
commissioners or supervisors may
exercise such power if it is formally

614
01:18:30,000 --> 01:18:36,080
adopted standards and procedures for
granting such conditional uses or

615
01:18:33,760 --> 01:18:42,159
special exceptions in the manner that is
equitable and which will promote the

616
01:18:39,040 --> 01:18:47,440
public interest.
Moving on to section seven. And section

617
01:18:44,640 --> 01:18:53,760
seven in general describes a process
once a a county excuse me a conditional

618
01:18:51,520 --> 01:18:58,560
use permit or a special application is
is presented and in the case that that

619
01:18:56,080 --> 01:19:02,800
that special permit would be presented
to or excuse me application would be

620
01:19:00,320 --> 01:19:06,960
presented to the planning commission.
Planning commission has 30 days to

621
01:19:04,800 --> 01:19:11,280
consider it. If they find the
application is not complete they have 10

622
01:19:08,560 --> 01:19:15,440
days to send it back.
the uh once they receive the information

623
01:19:13,440 --> 01:19:21,840
back they have another 30 days. After
that they have 90 days to act in some

624
01:19:19,520 --> 01:19:27,040
manner.
Then [clears throat] it goes on to

625
01:19:23,440 --> 01:19:31,040
excuse me [cough]
allergy season

626
01:19:28,960 --> 01:19:35,600
goes on to the county board. County
board has essentially the same time

627
01:19:32,480 --> 01:19:39,520
frames repeated 30 10 30 and then 90
days. This is why rules are so

628
01:19:38,159 --> 01:19:42,640
important. You remember nothing else
that I said today. Remember this one

629
01:19:41,040 --> 01:19:48,480
piece.
If after those long periods of n 30, 10,

630
01:19:45,760 --> 01:19:52,480
30, and 90 days, if the board has not
granted or denied a conditional use

631
01:19:50,400 --> 01:19:57,679
permit or specialty exception by the end
of such 90-day period, this is referring

632
01:19:54,719 --> 01:20:01,679
to the to the board's 90-day period, the
conditional use permit or special

633
01:19:59,440 --> 01:20:05,199
exception shall be shall be deemed
granted.

634
01:20:03,360 --> 01:20:08,800
Now, I know that all of you know that,
but I'm not sure that all the public

635
01:20:06,560 --> 01:20:12,640
knows that. And that's why rules are so
important.

636
01:20:11,040 --> 01:20:16,800
I applaud you for considering these
rules. Please make them the very best

637
01:20:14,560 --> 01:20:21,040
that you can. City of North Plat will be
considering uh similar sets in the very

638
01:20:19,440 --> 01:20:27,120
near future. Thank you.
>> Thank you, mayor. Uh I I also failed to

639
01:20:24,719 --> 01:20:31,840
note that just just because you didn't
get on the signin sheet, if you're a

640
01:20:28,960 --> 01:20:36,560
late comer to the meeting, uh you're
certainly welcome to speak here at the

641
01:20:33,440 --> 01:20:44,159
public hearing portion. So uh before we
move on and close the public comment

642
01:20:38,560 --> 01:20:50,239
period regarding this uh article 5
uh portion is anyone else in the room

643
01:20:46,400 --> 01:20:55,199
that would like to speak to this
please come forth.

644
01:20:53,120 --> 01:21:03,920
No one.
All right. Um so at um

645
01:21:00,159 --> 01:21:08,159
10:10 we shall close the public hearing
or mean not the public hearing or bigger

646
01:21:05,760 --> 01:21:15,719
pardon the the public speaking portion
of the hearing and move on to discussion

647
01:21:12,719 --> 01:21:15,719
colleagues

648
01:21:16,880 --> 01:21:21,159
you have questions for Judy on this

649
01:21:22,159 --> 01:21:29,600
fairly straightforward we have to deal
with LB 6663 as the mayor says.

650
01:21:27,600 --> 01:21:34,320
» And I think it's important to note that
this is not the first time we've heard

651
01:21:31,360 --> 01:21:39,040
this or you know this is we've we've
heard this at many of our meetings and

652
01:21:36,800 --> 01:21:43,199
» uh so not not our first view at this. So
if we appear not to have a lot of

653
01:21:40,480 --> 01:21:47,920
questions uh plus having our homework
ahead of time this weekend and stuff and

654
01:21:45,040 --> 01:21:49,920
reviewing it. So I wanted at least the
audience to realize that.

655
01:21:49,199 --> 01:21:53,920
» Yeah. Very good.
>> Mr. chairman, if if there aren't any, if

656
01:21:52,320 --> 01:21:55,199
you're ready for a motion, I would be
glad to make

657
01:21:54,560 --> 01:21:59,920
» certainly am.
>> I would just like real quick to say uh

658
01:21:57,520 --> 01:22:05,280
thank you to Judy and the uh planning
commission for uh making it more robust

659
01:22:02,639 --> 01:22:09,760
as far as the pre-application process. I
think that's going to be uh extremely

660
01:22:06,800 --> 01:22:14,239
beneficial for the entire county,
particularly with contentious projects.

661
01:22:12,000 --> 01:22:20,159
So,
>> okay.

662
01:22:15,600 --> 01:22:24,639
» As as Joe just spoke to, um Judy asked
more questions than my fair share. Uh

663
01:22:22,960 --> 01:22:30,320
being on the committee along with
Commissioner Bruns, I think we've had a

664
01:22:26,719 --> 01:22:35,679
lot of exposure. Uh I echo what
everybody has said. You and the team

665
01:22:32,880 --> 01:22:41,760
that you've assembled uh all the people
from the community that have uh

666
01:22:38,080 --> 01:22:50,320
contributed in one way or another um has
really helped make these better. and uh

667
01:22:46,560 --> 01:22:54,560
I appreciate all your efforts and your
recommendations.

668
01:22:53,120 --> 01:23:00,159
» Joe, would you like to make that motion?
>> Mr. Chairman, I'd move that we adopt

669
01:22:56,639 --> 01:23:05,360
resolution 2026-27
to approve the amendments to the Lincoln

670
01:23:02,080 --> 01:23:12,639
County Zoning Regulations, Article 5,
Conditional Uses, with the addition of

671
01:23:08,239 --> 01:23:18,960
sections 5.13 standards for review. Uh
sections 2 through 15. Second.

672
01:23:16,639 --> 01:23:21,960
» We have a motion and a second. Are there
questions?

673
01:23:22,159 --> 01:23:28,400
Judy, you have any questions?
>> Thank you.

674
01:23:25,920 --> 01:23:29,520
» Roll call, please.
>> Hugley.

675
01:23:29,040 --> 01:23:30,880
» Hi.
>> Woodruff.

676
01:23:30,080 --> 01:23:32,239
» Hi.
>> Williams.

677
01:23:31,600 --> 01:23:33,120
» Hi.
>> Bruns.

678
01:23:32,719 --> 01:23:35,392
» Hi.
>> Wer.

679
01:23:33,600 --> 01:23:37,412
» Hi.
[snorts]

680
01:23:39,520 --> 01:23:47,080
» All right. At 10:12, we'll move on to
the second public hearing. Sign that

681
01:23:44,080 --> 01:23:47,080
resolution.

682
01:23:48,080 --> 01:23:51,320
» Go ahead.

683
01:23:51,920 --> 01:23:56,120
» Yep.
>> Sign it first.

684
01:23:57,520 --> 01:24:04,400
» You're doing that. I'll read this in.
Second public hearing is to discuss and

685
01:24:02,719 --> 01:24:08,800
consider action on an amendment to the
Lincoln County zoning regulations

686
01:24:06,000 --> 01:24:15,040
section 4.07 07
land use categories matrix to add

687
01:24:11,840 --> 01:24:24,520
ancillary data center as permitted uses
in an A1, TA1, C1,

688
01:24:18,400 --> 01:24:24,520
I1, and AGV and LCR zoning districts.

689
01:24:29,040 --> 01:24:35,760
Again, Judy Clark, Lincoln County
Planning and Zoning Administrator. Okay.

690
01:24:33,120 --> 01:24:41,600
So, this item um you saw a very similar
item a couple of weeks ago. Um it's the

691
01:24:38,719 --> 01:24:47,760
land use matrix or the zoning matrix
that shows where um items are permitted.

692
01:24:45,360 --> 01:24:51,679
Um we changed at that meeting at the
time when it came to data centers, we

693
01:24:49,760 --> 01:25:00,159
changed all data centers to conditional
use in certain areas. Um with this one,

694
01:24:56,480 --> 01:25:04,239
we got to looking at the ancillary data
centers. Now, ancillary, um, I don't

695
01:25:02,719 --> 01:25:09,120
like that word. I'd rather have it say
accessory, but, um, essentially that's

696
01:25:06,880 --> 01:25:14,080
what it is is an it's an accessory to
the permitted use or to the conditional

697
01:25:11,440 --> 01:25:20,239
use. So, these would be data centers
that probably already currently exist.

698
01:25:16,800 --> 01:25:25,440
Um, banks have data centers, hospitals
have data centers. There's a whole bunch

699
01:25:22,239 --> 01:25:30,320
of different types of industrial uses or
industrial, you know, or commercial uses

700
01:25:28,159 --> 01:25:35,120
that already have data centers, but
they're very small. And so, um, that's

701
01:25:33,440 --> 01:25:41,440
where we came up with the definition of
ancillary. But when we got to looking at

702
01:25:37,920 --> 01:25:44,560
the, um, matrix, if you lumped it all in
with data centers, then they would only

703
01:25:42,880 --> 01:25:50,480
be conditional uses in certain
districts. planning commission felt that

704
01:25:47,360 --> 01:25:56,400
um these types of data centers should be
able to be allowed with the commercial

705
01:25:53,760 --> 01:26:00,000
or industrial venture that is that it is
supporting.

706
01:25:57,920 --> 01:26:04,080
So it wouldn't be a standalone. You
would already either have um a

707
01:26:02,400 --> 01:26:10,080
commercial building that's running a
commercial function out of there um or

708
01:26:07,679 --> 01:26:14,239
they would apply together. So a lot of
our industrial uses are conditional uses

709
01:26:12,719 --> 01:26:19,520
anyway. they would have to apply for
those but that that ancillary data

710
01:26:16,719 --> 01:26:25,440
center would be permitted along with
that commercial use

711
01:26:22,880 --> 01:26:28,560
» um or otherwise said ancillary
>> ancillary there you go

712
01:26:27,280 --> 01:26:32,080
» however you say it that's why I like
accessory works better

713
01:26:30,560 --> 01:26:36,239
» I agree I agree
>> Judy do we currently have an operational

714
01:26:34,000 --> 01:26:41,120
definition for ancillary [clears throat]
data centers in our regulations

715
01:26:38,960 --> 01:26:46,000
» um no we do not in the current ones in
the proposed ones we do But no, not in

716
01:26:43,440 --> 01:26:49,920
the current regulations.
>> Now, I know that we're not considering

717
01:26:47,920 --> 01:26:55,560
that change yet, but can you just what
is the operational definition that has

718
01:26:52,080 --> 01:26:55,560
been proposed?

719
01:26:59,360 --> 01:27:04,360
» I will read that to you for the second.
Yeah.

720
01:27:05,840 --> 01:27:15,760
Um, ancillary or micro centers, smaller
localized server rooms occupying less

721
01:27:13,440 --> 01:27:21,760
than 10% of a building's gross floor
area or 2,500 square ft, whichever is

722
01:27:18,719 --> 01:27:27,760
less, permitted as an incillary or
however Mr. Wing said it. Um, use to

723
01:27:25,360 --> 01:27:33,440
primary commercial or office functions
that directly support on-site commercial

724
01:27:30,159 --> 01:27:38,960
or business operations. Ancillary uses
or structures secondary and incidental

725
01:27:36,400 --> 01:27:43,199
to data center use including but not
limited to administrative logistical

726
01:27:40,960 --> 01:27:48,320
fiber optic storage security buildings
or structures. They typically consume

727
01:27:45,600 --> 01:27:52,400
under one megawatt of power. So with
that operational definition that we have

728
01:27:50,560 --> 01:27:56,320
yet to consider, do you think that
there's a risk that any kind of an

729
01:27:54,000 --> 01:28:00,480
organization can game the game so to
speak,

730
01:27:58,000 --> 01:28:05,040
build a huge building and I mean because
we have the the square footage limit in

731
01:28:02,400 --> 01:28:08,560
there now um that we'll be considering
and voting on.

732
01:28:06,639 --> 01:28:15,199
» That was quite a discussion at the
planning commission level. Um originally

733
01:28:11,440 --> 01:28:19,760
it was 25% of this square footage. Um I
I don't like numbers. I I love numbers

734
01:28:17,840 --> 01:28:24,159
actually because I'm a math major, but I
don't like numbers in zoning code

735
01:28:22,000 --> 01:28:28,719
because yes, could I have somebody come
in and say, "Oh, well, my building is

736
01:28:26,880 --> 01:28:35,280
2,499
square feet." Is is that going to

737
01:28:31,520 --> 01:28:39,120
happen? I hope not. Could it? Possibly.
Um, but that's why we went down to the

738
01:28:37,600 --> 01:28:45,360
10%
or 2500, whichever is less. And we just

739
01:28:42,719 --> 01:28:50,400
took that based off of average size of a
home.

740
01:28:47,679 --> 01:28:54,639
you know, 2500 square feet maybe is a
pretty large home. 1,200 square feet.

741
01:28:52,480 --> 01:28:58,239
You could do 1,200 and and a portion of
it could be something else. But that's

742
01:28:56,639 --> 01:29:02,239
kind of where we settled.
>> So, for the record, Judy, you're reading

743
01:29:00,080 --> 01:29:05,760
some of the excerpts from the amendment
to the zoning rags as part of our public

744
01:29:04,719 --> 01:29:09,080
record for the hearing.
>> Yes. Okay.

745
01:29:10,239 --> 01:29:14,440
» Anything else to add with that?

746
01:29:17,840 --> 01:29:25,440
We'll we'll reserve the right to pester
you again, Judy.

747
01:29:22,080 --> 01:29:31,840
» Okay. So, the public comment period is
before us regarding this

748
01:29:28,480 --> 01:29:38,320
this particular hearing
um on section 4.07 land use categories

749
01:29:35,280 --> 01:29:43,840
matrix. Do we have we don't have anybody
that pre-signed, but are there anyone is

750
01:29:41,920 --> 01:29:48,239
there anyone present that would like to
speak to this?

751
01:29:46,880 --> 01:29:53,360
Certainly want you to have the
opportunity.

752
01:29:50,719 --> 01:29:57,360
Okay,
hear none. We'll close the public

753
01:29:54,960 --> 01:30:02,880
hearing portion and go on to discussion.
colleagues,

754
01:30:00,080 --> 01:30:08,080
questions for Judy or
>> I would like to comment that I

755
01:30:05,120 --> 01:30:13,600
appreciated the planning and zoning
meeting being livereamed

756
01:30:10,880 --> 01:30:20,960
so that we could all
listen to that uh discussion. It was a a

757
01:30:16,719 --> 01:30:28,400
good long meeting, good comment. Uh, I
appreciate the input from 25% down to 10

758
01:30:25,679 --> 01:30:32,560
and or 2500 square f feet, whichever is
less. So, just wanted to make that

759
01:30:30,320 --> 01:30:36,000
comment. Thanks again for your work and
to the planning commission to the people

760
01:30:34,960 --> 01:30:37,840
that spoke.
>> Chair, if I may.

761
01:30:36,880 --> 01:30:42,480
» Yes, sir.
>> I would also like to commend our

762
01:30:39,920 --> 01:30:46,719
planning commission members for the uh
work that they have done and the

763
01:30:45,199 --> 01:30:53,040
products that they have brought to us
that uh for us to consider. totally

764
01:30:51,679 --> 01:30:56,760
agree with that. They've done a lot of
hard work, heavy lifting.

765
01:30:57,679 --> 01:31:01,159
Thank you all.

766
01:31:03,520 --> 01:31:09,960
I'd entertain a motion.
We're ready to move on.

767
01:31:11,360 --> 01:31:19,520
Mr. Chairman, I'd make a motion that we
approve or we adopt resolution 2026-28

768
01:31:17,760 --> 01:31:25,920
to approve amendments to the Lincoln
County Zoning Regulation Section 4.07

769
01:31:23,760 --> 01:31:31,920
land use categories matrix heading
incillary data centers as a permitted

770
01:31:29,040 --> 01:31:35,679
use in a C-1
A-1

771
01:31:34,000 --> 01:31:44,159
TA-1
AGV and LCR zoning districts.

772
01:31:41,520 --> 01:31:49,440
Second.
>> We have a motion and a second.

773
01:31:47,199 --> 01:31:53,840
At 10:20, the public hearing portion is
over. The motion is on the floor. A

774
01:31:51,440 --> 01:31:59,239
second is also in place. Are there any
questions

775
01:31:55,520 --> 01:31:59,239
» for Judy comments?

776
01:32:00,400 --> 01:32:02,639
Roll call, please.
>> Hugley.

777
01:32:02,159 --> 01:32:03,520
» Hi.
>> Bruns.

778
01:32:03,120 --> 01:32:04,560
» Hi.
>> Woodruff.

779
01:32:04,080 --> 01:32:05,440
» Hi.
>> Wer.

780
01:32:05,040 --> 01:32:09,360
» Hi.
>> Williams.

781
01:32:06,480 --> 01:32:13,880
» Hi.
Moving on,

782
01:32:10,480 --> 01:32:13,880
» here's the resolution.

783
01:32:14,000 --> 01:32:20,880
» We are now going to discuss and consider
action in a public hearing setting on an

784
01:32:19,120 --> 01:32:25,280
amendment to the Lincoln County Zoning
Regulations Section 8.22

785
01:32:23,440 --> 01:32:31,679
data centers regarding data center
regulations

786
01:32:27,520 --> 01:32:35,679
10:21. We shall open this portion
and we will also begin with Judy Clark.

787
01:32:34,639 --> 01:32:40,719
Judy
>> Judy Clark, Lincoln County Planning and

788
01:32:37,679 --> 01:32:45,440
Zoning Administrator. Okay. Um, I'm
going to try to make this as non-lengthy

789
01:32:42,960 --> 01:32:51,600
as possible, but I'm going to start out
and I know you all know this, but again,

790
01:32:48,880 --> 01:32:56,239
just for public consumption, I want to
kind of go back and do a very, very

791
01:32:53,679 --> 01:33:00,159
short planning 101.
So, um, this book that I have in my

792
01:32:58,400 --> 01:33:05,600
hand,
you guys have all seen it. It's got both

793
01:33:02,719 --> 01:33:12,000
the comprehensive plan and the zoning
regulations that are currently um on

794
01:33:08,080 --> 01:33:17,520
hand. The comprehensive plan consists of
let's see the verbiage oh I don't know

795
01:33:14,480 --> 01:33:24,000
200 and some odd pages 235 some odd
pages with maps. So the purpose of a

796
01:33:20,880 --> 01:33:28,480
comprehensive plan you have to have a
comprehensive plan in place in order to

797
01:33:26,400 --> 01:33:33,600
do planning and zoning and to establish
regulations. that was done years and

798
01:33:30,400 --> 01:33:37,840
years ago. 1974, as a matter of fact,
was the first um established planning

799
01:33:36,159 --> 01:33:40,800
commission in Lincoln County. Just in
case some of you don't know that, at

800
01:33:39,199 --> 01:33:47,120
least that's the first documents I can
find is 1974.

801
01:33:42,880 --> 01:33:53,120
So um over time we have adopted new
comprehensive plan sometimes updates

802
01:33:50,159 --> 01:33:58,480
um sometimes we'll update it as uh we do
a subdivision we might have to update

803
01:33:54,960 --> 01:34:02,560
the land use map in the comp plan
because that is your establishment that

804
01:34:00,560 --> 01:34:08,239
is your baseline to create a zoning
code. So a couple things I want to point

805
01:34:04,800 --> 01:34:15,120
out to you. Um
on page 45 of the comprehensive plan,

806
01:34:11,440 --> 01:34:21,199
there is a goals and policies regarding
economic development. One of those is

807
01:34:18,719 --> 01:34:24,480
5.1. The county recognizes the
importance of dynamic economic

808
01:34:22,800 --> 01:34:29,920
development programs to support
entrepreneurship, business retention and

809
01:34:27,360 --> 01:34:37,199
expansion and industrial recruitment.
Another one of these is a public policy

810
01:34:34,320 --> 01:34:41,199
um that is a economic development goal.
Agricultural enterprise from research

811
01:34:39,360 --> 01:34:46,000
and development to production to
processing and market marketing remains

812
01:34:43,440 --> 01:34:51,199
a vital and growing part of the city and
county economy.

813
01:34:48,560 --> 01:34:56,080
Um, another goal that's in the economic
development goal, a diverse economic

814
01:34:53,760 --> 01:34:59,600
base with strong primary sector
employment provides a foundation for

815
01:34:57,920 --> 01:35:02,639
long-term growth and community
development. I just thought that were

816
01:35:01,199 --> 01:35:11,199
those were really important to point
out. Um the other thing in

817
01:35:07,440 --> 01:35:15,920
the um comprehensive plan is we have a
whole section devoted to environmental

818
01:35:13,920 --> 01:35:20,800
regulations, environmental statistics,
environmental goals. Whole entire

819
01:35:18,320 --> 01:35:26,080
section that talks about the protection
of groundwater and air quality. Um

820
01:35:23,679 --> 01:35:32,639
protection of soils, the sand hills
region, um migratory bird population.

821
01:35:29,760 --> 01:35:37,520
um committed Lincoln County is committed
to environmental stewardship,

822
01:35:34,239 --> 01:35:40,560
conservation, and natural resources.
Another thing in that document that I

823
01:35:39,120 --> 01:35:45,760
thought was really important to point
out, so along with your comprehensive

824
01:35:43,520 --> 01:35:50,080
plan, which is your base, your starting
point, then you establish zoning

825
01:35:48,000 --> 01:35:55,520
regulations. Now, I know we're here to
talk today about one particular section

826
01:35:52,960 --> 01:36:02,080
of that zoning code, but again, there's
another document and this document is

827
01:35:58,960 --> 01:36:07,520
somewhere around
194 pages and that is zoning.

828
01:36:05,920 --> 01:36:12,239
So, when we're looking at this section,
this 8.22,

829
01:36:09,360 --> 01:36:18,320
we have to also understand that that's
just a special portion of that. there

830
01:36:14,639 --> 01:36:25,280
are other things that would pertain to a
data center if we ever got one um that

831
01:36:22,000 --> 01:36:34,159
it would have to follow. We do have a
section in the zoning code on

832
01:36:31,199 --> 01:36:40,080
um the different soil districts um page
118 119 121 different soil districts. So

833
01:36:38,080 --> 01:36:43,920
if a potential project would end up in a
different soil district they not only

834
01:36:41,920 --> 01:36:49,920
would have to meet
the standards of data um which is 8.22.

835
01:36:48,000 --> 01:36:54,480
They would also have to meet those
regulations that are in that section. Um

836
01:36:52,639 --> 01:37:00,800
article five which is the conditional
uses that you just um made a resolution

837
01:36:57,520 --> 01:37:05,280
to pass. Any potential project would
also have to follow those regulations

838
01:37:03,040 --> 01:37:11,040
which start on page 126. It'll be
different now since we did the addition.

839
01:37:07,520 --> 01:37:15,679
There's also a section um 8.10 10 which
is performance standards for industrial

840
01:37:12,960 --> 01:37:19,199
uses. Um data centers are considered
industrial uses. So there are additional

841
01:37:17,679 --> 01:37:23,760
performance standards that they would
have to take into consideration. And

842
01:37:21,440 --> 01:37:28,480
then the final one and I probably missed
a couple in there because I was just

843
01:37:25,119 --> 01:37:33,600
doing this here maybe half an hour ago.
Um but anyway the um other portion that

844
01:37:31,760 --> 01:37:37,600
they have to meet too is article 11
which is your enforcement and

845
01:37:34,880 --> 01:37:43,280
administration of the conditional use of
the land use all of those things. So all

846
01:37:40,320 --> 01:37:48,000
of those things go into
one application. So just because you're

847
01:37:45,440 --> 01:37:56,080
writing a regulation for one particular
section, whether it's wind, solar,

848
01:37:51,600 --> 01:38:01,920
um data centers, whatever it is, um it
also has a lot of other things that has

849
01:37:59,440 --> 01:38:06,080
to be in conformance with also. So we
just want to keep that in mind when

850
01:38:03,119 --> 01:38:13,440
we're drafting these regulations.
Okay. So now to the task at hand I

851
01:38:11,199 --> 01:38:17,520
provided you you should all have a copy
of the review comments on the front

852
01:38:15,600 --> 01:38:21,199
page. Then you have a copy of the
current regulations which is the one

853
01:38:19,360 --> 01:38:25,440
pager
and then you have a copy of the draft

854
01:38:23,679 --> 01:38:32,000
regulations from the planning
commission.

855
01:38:27,600 --> 01:38:36,560
And then you have a copy of the yellow
highlights. I'm not going to take 100%

856
01:38:34,719 --> 01:38:43,280
credit for that. I did review it with
the um county attorney and we

857
01:38:40,400 --> 01:38:47,679
collaborated on some of it and uh we
came up with the so I'm throwing him

858
01:38:45,280 --> 01:38:54,480
under the bus also along with me with
the drafted portion for some additions

859
01:38:49,840 --> 01:38:59,119
that um those came from
the rest of what you have in there which

860
01:38:57,040 --> 01:39:04,480
is the draft regulations that the
community be provided to the planning

861
01:39:02,560 --> 01:39:10,320
commission at that meeting. They're
documents like 42 pages long.

862
01:39:07,520 --> 01:39:13,040
Okay. So,
I'm not going [clears throat] to go

863
01:39:11,119 --> 01:39:17,760
through all of what I have on the review
comments. Um, but I am going to say that

864
01:39:16,000 --> 01:39:22,159
planning commission has been researching
this for quite a while prior to planning

865
01:39:19,920 --> 01:39:25,600
commission researching this. Um,
Michaela and I sat on a land use

866
01:39:24,000 --> 01:39:31,040
committee board that talked about data
center regulations. I've been to

867
01:39:27,360 --> 01:39:35,760
numerous conferences, webinars, and for
the last couple years, I'm been talking

868
01:39:33,760 --> 01:39:41,679
about data centers across the state
forever. Um, but [clears throat] we

869
01:39:39,280 --> 01:39:46,000
started really looking in depth at
updating ours because and I want to make

870
01:39:44,320 --> 01:39:51,119
everybody understand we do have the one
pager that exists right now that along

871
01:39:48,800 --> 01:39:55,679
with our comprehensive plan, our
conditional use regulations.

872
01:39:53,520 --> 01:40:00,239
We can
go ahead and use that and regulate it. I

873
01:39:58,639 --> 01:40:04,880
would feel better with better
regulations, which is what we are

874
01:40:02,560 --> 01:40:10,400
proposing. I mean, could we still do it
the old way? Absolutely. Can we do it

875
01:40:07,440 --> 01:40:15,280
better this way? Absolutely.
So, um I don't want anybody to think

876
01:40:13,199 --> 01:40:20,239
we're standing right now with nothing
because we do have things in place.

877
01:40:18,320 --> 01:40:24,080
After a number of subcommittee meetings,
extensive research, the subcommittee

878
01:40:22,159 --> 01:40:28,960
brought the first set of regulations to
the full planning commission on July

879
01:40:25,920 --> 01:40:35,360
14th. Um at that planning commission we
discussed the regulations um entirely

880
01:40:32,000 --> 01:40:39,600
item by item um with community members
in attendance. After that minor changes

881
01:40:37,440 --> 01:40:43,520
were made. August 11th planning
commission held a public hearing

882
01:40:41,119 --> 01:40:48,480
recommended to approve the data center
regulations with some changes and that

883
01:40:46,000 --> 01:40:51,840
again is handed out to you. At the
public hearing, the planning commission

884
01:40:50,000 --> 01:40:57,199
heard testimony and was presented with
an approximately 40 42page rewrite of

885
01:40:55,440 --> 01:41:00,960
the regulations.
Um, planning staff and the Lincoln

886
01:40:58,800 --> 01:41:05,840
County Deputy Attorney, we have reviewed
that document, found a few portions of

887
01:41:03,199 --> 01:41:11,199
the document that we could possibly add
to the um, regulations.

888
01:41:09,840 --> 01:41:15,840
And [sighs]
anyway, um

889
01:41:13,840 --> 01:41:23,119
the one thing that I do want to say
about the 42page document,

890
01:41:19,679 --> 01:41:30,719
there is quite a bit of of useful
information in there. Um,

891
01:41:27,119 --> 01:41:37,520
the thing with this 42page document that
you guys all have a copy of, I think it

892
01:41:33,440 --> 01:41:45,280
would be better served as a
policy review document or a data center

893
01:41:42,639 --> 01:41:51,840
review document for staff to have, for
you guys to have as like a aside from

894
01:41:48,560 --> 01:41:55,600
the zoning regulations, have this
document at the side. So when you do get

895
01:41:53,360 --> 01:42:00,080
a data center, you can go through this
and say, "Oh, in the environmental

896
01:41:57,840 --> 01:42:04,000
review, maybe we need to look at this or
maybe we have that in there, but they

897
01:42:01,840 --> 01:42:09,119
could have added this." I think it could
be turned into a very usable document,

898
01:42:07,040 --> 01:42:14,000
but not something that needs to be in
the regulations. And why I say that is

899
01:42:11,840 --> 01:42:19,280
because if you look at this, it is so
detailed. So detailed. And when it comes

900
01:42:17,119 --> 01:42:24,080
to regulations, a lot of times less is
more.

901
01:42:20,960 --> 01:42:28,080
Because when you have so many details,
you're either going to leave something

902
01:42:25,199 --> 01:42:33,280
out or you're going to have a project
that's going to hit every single one of

903
01:42:30,800 --> 01:42:40,159
those regulations. And then where is
your ability to make a choice?

904
01:42:37,040 --> 01:42:46,239
Where is your ability to make a choice?
Um, one of the things I want to point

905
01:42:42,639 --> 01:42:50,400
out in their um, proposed regulations is
they have a section here where they

906
01:42:48,320 --> 01:42:53,840
talked about all the people that should
be involved in the community benefits

907
01:42:52,239 --> 01:42:59,360
agreement,
all the stakeholders that should be

908
01:42:55,440 --> 01:43:05,639
involved there. It's great. Good list.
But they have Twin Plat NRD. What about

909
01:43:02,320 --> 01:43:05,639
Middle Republic?

910
01:43:08,159 --> 01:43:13,440
There's things like that in this
document. But again, there are a few

911
01:43:11,440 --> 01:43:20,800
things in there that we did find in
those yellow highlights um that we can

912
01:43:17,360 --> 01:43:24,719
probably reasonably insert insert. So
Judy, uh, since it's pertinent to the

913
01:43:22,960 --> 01:43:31,600
procedure and a lot of folks are going
to want to speak to this individually,

914
01:43:28,880 --> 01:43:36,800
um, is it should it be part of the
record that we recognize that this

915
01:43:33,440 --> 01:43:40,719
document's going to be submitted and
kept and shared with planning comm or

916
01:43:39,520 --> 01:43:42,639
planning commission?
>> Um, planning commission has a copy of

917
01:43:42,320 --> 01:43:47,360
it.
>> I know that. I know they do.

918
01:43:44,400 --> 01:43:52,080
Yeah. Um, I think what we could do with
it, I don't think we want to keep it in

919
01:43:50,000 --> 01:43:57,600
that form. I think we would want to make
it like a public policy review. It'd

920
01:43:55,280 --> 01:44:01,280
have to be massaged a little bit, but I
think we could use it as something as a

921
01:43:59,280 --> 01:44:03,920
really good resource to use when you are
reviewing an application if it does come

922
01:44:02,960 --> 01:44:08,560
forward.
>> Since you're on that topic, I believe I

923
01:44:05,520 --> 01:44:14,000
have a a document here that Mr. Mora
submitted that kind of an abbreviated

924
01:44:10,960 --> 01:44:19,360
portion or version of that is it
>> um I don't know I think that was kind of

925
01:44:16,719 --> 01:44:21,840
» specifically line paragraph by paragraph
to know

926
01:44:20,000 --> 01:44:25,199
» yeah they have some questions in there
it's it's not necessarily

927
01:44:23,600 --> 01:44:30,960
» speak to that but
>> um so one final question while you're

928
01:44:28,000 --> 01:44:36,400
presenting the so in uh in addition I
need to uh point out that part of the uh

929
01:44:34,560 --> 01:44:41,199
uh process we do have a copy of the
amendment as proposed by planning and

930
01:44:38,239 --> 01:44:43,600
zoning. So that'll be sub submitted into
the record. Correct.

931
01:44:42,800 --> 01:44:47,760
» Anything else?
>> You do have a copy of that and you also

932
01:44:45,600 --> 01:44:53,920
have a copy of the one with some
suggested edits that um came from the

933
01:44:51,199 --> 01:45:00,320
community submitted packet that the
attorney and I took a look at and tried

934
01:44:56,320 --> 01:45:04,639
to pull a few things out of there that
um would mesh with the regulations. And

935
01:45:03,199 --> 01:45:11,760
I'm I'm getting a little bit ahead of
the process here, but it comes to mind

936
01:45:08,480 --> 01:45:14,880
that as we move forward here and we give
consideration to these inputs and

937
01:45:13,360 --> 01:45:18,880
they're good, as you say, there's a lot
of good input.

938
01:45:16,960 --> 01:45:23,920
um out of difference for the planning
commission. I guess my goal today would

939
01:45:21,520 --> 01:45:28,400
be to strengthen
in other words adopt these more robust

940
01:45:26,239 --> 01:45:34,800
proposals that planning brought us but
at the same time send this back with

941
01:45:31,360 --> 01:45:40,800
these uh proposals that have been shared
with the community uh citizen committee

942
01:45:39,199 --> 01:45:46,960
to
further adjust the document if if

943
01:45:44,239 --> 01:45:50,239
needed. My recommendation would be to
take the one that's the yellow

944
01:45:48,239 --> 01:45:54,400
highlighted
um which is the second draft because it

945
01:45:52,800 --> 01:46:00,239
doesn't change the intent of what
planning commission had intended and it

946
01:45:57,040 --> 01:46:04,639
does also encompass some of the
additional things that the community

947
01:46:03,040 --> 01:46:09,360
requested.
Um and Tyler, please correct me if I'm

948
01:46:06,960 --> 01:46:13,199
wrong, but but my I guess it's my
recommendation. I guess I can have my

949
01:46:11,199 --> 01:46:20,000
own opinion, right? [laughter] But
anyway, um what I what my recommendation

950
01:46:17,360 --> 01:46:25,920
would be is to adopt that one with the
yellow highlights

951
01:46:21,920 --> 01:46:31,040
and that way you have a stronger base.
And if you want the planning commission

952
01:46:28,560 --> 01:46:35,920
to continue to work on it, that is
entirely up to you. We can go with what

953
01:46:33,280 --> 01:46:39,920
you say or you can send it back and tell
planning commission you want more

954
01:46:37,840 --> 01:46:41,280
research, more input to see what they
think.

955
01:46:40,480 --> 01:46:43,840
» Sure.
>> Yes, sir. ask you your question.

956
01:46:43,199 --> 01:46:48,400
» Absolutely.
>> Uh that is excuse me that's the draft

957
01:46:46,080 --> 01:46:51,600
regulations suggested edits.
>> Yes.

958
01:46:48,800 --> 01:46:55,320
» Dated August 27 20 26.
>> Yes.

959
01:46:52,159 --> 01:46:55,320
» Thank you.

960
01:46:57,520 --> 01:47:04,800
» Other question? Well, Judy, I think
we're on the same page. I I would like

961
01:47:01,360 --> 01:47:09,360
to see us in some form get a more robust
document in place, but not close the

962
01:47:06,960 --> 01:47:12,320
door. I would like to out of respect for
the planning and zoning committee and

963
01:47:10,719 --> 01:47:18,560
what they all the work they put into
this to any final tweak or or adjustment

964
01:47:16,320 --> 01:47:22,719
that they didn't have time to digest at
your last hearing. So, keeping that in

965
01:47:21,280 --> 01:47:27,760
mind, I guess that's why I'm leaning
towards uh moving forward with something

966
01:47:26,159 --> 01:47:31,600
today,
but

967
01:47:29,679 --> 01:47:36,239
uh subsequently moving it back to those
folks so that you guys can go back over

968
01:47:34,159 --> 01:47:40,480
it and pour over it and make sure that
we didn't miss anything.

969
01:47:37,679 --> 01:47:44,719
» That's the the joy the the luxury that
we have with these types of documents is

970
01:47:42,320 --> 01:47:50,960
they are living breathing documents can
always be strengthened. So, okay, Judy,

971
01:47:48,719 --> 01:47:57,920
you don't have anything else right now?
>> I think I covered it all.

972
01:47:52,880 --> 01:48:01,840
» Okay. Well, you raise your hand. Uh,
folks, I think we have roughly 18 people

973
01:48:00,480 --> 01:48:06,800
that would like to speak on this
particular one. So, the public hearing

974
01:48:03,520 --> 01:48:12,639
portion is certainly here
at uh 10:37.

975
01:48:09,360 --> 01:48:16,639
Um, and again, if someone came in late
and didn't get on the sheet, that does

976
01:48:14,560 --> 01:48:21,360
not preclude you from speaking. Please
understand that it was just a courtesy.

977
01:48:18,560 --> 01:48:24,719
We appreciate people letting us know.
Uh, so thank you for that. But if if

978
01:48:23,360 --> 01:48:28,719
there's somebody in the audience that
did not get on the sheet, we'll

979
01:48:26,560 --> 01:48:32,880
certainly give you uh the opportunity.
Uh, so I'll give you uh who's up and

980
01:48:31,199 --> 01:48:38,000
who's next so we can kind of keep things
rolling. Uh, we're going to shoot for

981
01:48:34,719 --> 01:48:44,159
roughly a threeminut uh timeline if we
could. Uh, first would be Thomas Davis,

982
01:48:41,040 --> 01:48:49,520
the first sneige. Uh, Rachel Nelson will
be right behind that. And then David

983
01:48:47,440 --> 01:48:51,760
Fleece.
>> Good morning.

984
01:48:50,000 --> 01:48:57,119
» Good morning. My name is Thomas Davis. I
live here in North Plat, Nebraska. I'd

985
01:48:53,679 --> 01:49:02,480
like to talk about 8.22.02.
I urge the board to strengthen the

986
01:48:58,719 --> 01:49:07,119
definitions of section 8.22.02 O2 from
cooling system through behind meter

987
01:49:04,400 --> 01:49:12,239
generation so that the final regulations
cannot be avoided through technical

988
01:49:09,119 --> 01:49:15,840
definitions or project segmentation.
Most of these definitions are

989
01:49:13,760 --> 01:49:19,840
substantially the same in the community
and county drafts. That is a good

990
01:49:17,840 --> 01:49:24,400
starting point but there are important
opportunities to prove them for

991
01:49:22,320 --> 01:49:29,360
ancillary data center. The committee
draft allows a facility to occupy less

992
01:49:26,719 --> 01:49:34,880
than 25% of a building while the county
draft uses the narrower standard of less

993
01:49:31,360 --> 01:49:39,520
than 10% or 2500 square ft whichever is
less. I recommend retaining the narrower

994
01:49:37,280 --> 01:49:44,560
threshold while adding language making
it clear that ancillary status cannot be

995
01:49:41,920 --> 01:49:49,840
used to avoid data center requirements
when the use is functionally a data

996
01:49:46,480 --> 01:49:55,840
center. The definitions of campus,
collocation, edge, hypers scale,

997
01:49:53,040 --> 01:50:00,080
on-site, elliptical demand, infant
structure, and sensitive receptors

998
01:49:58,239 --> 01:50:04,159
generally are similar. These should be
retained, but the county should ensure

999
01:50:02,159 --> 01:50:07,199
that thresholds and terms used elsewhere
in this ordinance are applied

1000
01:50:05,600 --> 01:50:10,880
consistently.
Most importantly, behind meter

1001
01:50:08,960 --> 01:50:16,000
generation must be remain broadly
defined. Both drafts properly include

1002
01:50:13,440 --> 01:50:21,040
diesel, natural gas, fuel cells,
batteries, renewable systems, nuclear

1003
01:50:18,639 --> 01:50:25,119
systems, and combinations of these. The
stronger community approach is then to

1004
01:50:23,520 --> 01:50:30,080
require meaningful review of those
systems, including utility protection

1005
01:50:27,280 --> 01:50:34,800
and environmental analysis. Please have
the council refine these definitions

1006
01:50:32,080 --> 01:50:38,400
that they are clear, technology neutral,
difficult to circumvent, and coordinated

1007
01:50:36,719 --> 01:50:42,239
with the operative standards elsewhere
in 8.22.

1008
01:50:40,239 --> 01:50:46,560
Both documents are drafts. Please make
the final definition stronger at either

1009
01:50:44,480 --> 01:50:51,840
draft when necessary. Thank you.
>> Thank you, Thomas.

1010
01:50:49,520 --> 01:50:54,639
Again, Rachel Nelson is up next and then
David Fleece.

1011
01:50:53,679 --> 01:50:58,400
Good morning.
>> Good morning, guys. My name is Rachel

1012
01:50:56,400 --> 01:51:04,239
Nelson. I live here in North Plat. I'm
here today to talk about 8.2203.

1013
01:51:02,480 --> 01:51:08,480
I think it's fairly obvious we have a
large majority of the country that does

1014
01:51:05,920 --> 01:51:13,840
not county probably country as well that
does not want a data data center in our

1015
01:51:11,199 --> 01:51:18,560
area. That being said, I urge the board
to strengthen section 8.22.03

1016
01:51:17,119 --> 01:51:22,719
by incorporating the community
regulations measurable protections for

1017
01:51:20,800 --> 01:51:26,960
the site design, natural resources,
water, and wastewater, but with

1018
01:51:24,480 --> 01:51:31,360
technical and legal refinement where
necessary. The county draft contains

1019
01:51:29,600 --> 01:51:35,119
important protections. It requires
compatibility with surrounding

1020
01:51:33,119 --> 01:51:40,159
properties, attention to sensitive
receptors, adequate access, water,

1021
01:51:38,080 --> 01:51:45,199
wastewater capacity, and annual
sampling. But in several places, the

1022
01:51:43,199 --> 01:51:50,880
community draft turns general goals into
actual standards. For example, the

1023
01:51:47,679 --> 01:51:55,520
county simply says to minimize impacts
on natural resources. The community

1024
01:51:53,440 --> 01:51:59,679
vision requires measurable environmental
standards and connects them to ongoing

1025
01:51:57,520 --> 01:52:03,920
monitoring. It also changes campus
design provisions from what it merely

1026
01:52:01,280 --> 01:52:07,199
encouraged into requirements. Most
importantly, the community version

1027
01:52:05,280 --> 01:52:11,520
substantially strengthens water
oversight. Instead of annual sampling

1028
01:52:09,360 --> 01:52:16,239
alone, it requires monitoring of water
intake, discharge volumes, temperatures,

1029
01:52:14,000 --> 01:52:22,159
and quality, regular reporting, and
independent third-party verification.

1030
01:52:19,360 --> 01:52:25,920
Please retain that framework, but have
council and qualified water

1031
01:52:24,239 --> 01:52:30,960
professionals
refine the details. Not every water

1032
01:52:28,400 --> 01:52:35,440
quality parameter necessarily requires
continuous measurement and numerical

1033
01:52:33,199 --> 01:52:40,639
discharge limit should be supported by
applicable law. Engineering standards,

1034
01:52:38,080 --> 01:52:46,239
permits and site conditions. The final
ordinance should clearly establish what

1035
01:52:43,360 --> 01:52:50,639
gets measured, how often, who verifies
it, who receives results, and what

1036
01:52:48,159 --> 01:52:54,480
happens when the standards exceeded or
not met.

1037
01:52:52,719 --> 01:52:57,679
Both documents are drafts. Please
combine the county's framework with the

1038
01:52:55,920 --> 01:53:02,960
community versions. measurable standards
and independent verification. The goal

1039
01:53:00,239 --> 01:53:06,639
should not simply be requiring to an
applicant to promise that natural

1040
01:53:04,480 --> 01:53:10,880
resources will be protected. The county
should have objective information

1041
01:53:08,560 --> 01:53:16,159
allowing it to determine whether those
protections are actually being met.

1042
01:53:14,000 --> 01:53:20,159
Regulations might stop this project as
you have mentioned, but the fact is if

1043
01:53:18,000 --> 01:53:24,800
the regulations are not good enough to
stop anything, that's a reason. I beg

1044
01:53:22,960 --> 01:53:32,599
you guys to please look at this. Thank
you so much for your time. Again,

1045
01:53:28,239 --> 01:53:32,599
a reminder, there is no this project.

1046
01:53:34,239 --> 01:53:39,520
» All it takes is one word to get stuff
set aside.

1047
01:53:39,283 --> 01:53:42,480
[clears throat]
>> David Fleece. Good morning, sir. Again,

1048
01:53:42,080 --> 01:53:47,280
good morning.
>> I'm David Fleece, Southerntherland,

1049
01:53:44,159 --> 01:53:52,560
Nebraska. I respectfully urge the board
to substantially strengthen section 8228

1050
01:53:50,639 --> 01:53:58,480
governing behind meter electrical
generation. The county draft says

1051
01:53:55,280 --> 01:54:03,360
dedicated generation may be required to
offset a data center's electrical

1052
01:54:00,639 --> 01:54:08,880
demand, but it does not establish when
that requirement applies. More

1053
01:54:05,920 --> 01:54:14,320
importantly, its utility verification is
not required until prior to completion

1054
01:54:11,679 --> 01:54:20,400
of construction.
That information belongs in front of you

1055
01:54:17,679 --> 01:54:25,199
before approval, not prior to
construction completion.

1056
01:54:22,960 --> 01:54:30,000
The community draft provides the
stronger framework

1057
01:54:28,080 --> 01:54:34,800
before the planning commission approval.
It requires independent professional

1058
01:54:32,080 --> 01:54:40,320
review of transmission and substation
capacity, reliability, infrastructure

1059
01:54:37,920 --> 01:54:45,920
requirements, and potential impacts
associated with the systems serving the

1060
01:54:42,800 --> 01:54:50,800
facility. Please retain that approach,
but refine it with council and the

1061
01:54:48,560 --> 01:54:55,520
serving utility.
The county should require Applicants to

1062
01:54:53,040 --> 01:55:01,760
disclose projected electrical demand,
generation capacity, energy storage,

1063
01:54:58,560 --> 01:55:08,159
substations, transmission connections,
fuel infrastructure, required utility

1064
01:55:04,719 --> 01:55:15,599
upgrades, cost responsibility, and
applicable utility conditions.

1065
01:55:11,360 --> 01:55:20,080
And please prevent project segmentation.
Generation, storage, substations, fuel

1066
01:55:18,239 --> 01:55:25,599
systems, and other enabling
infrastructure serving the data center

1067
01:55:22,880 --> 01:55:31,679
should not escape disclosure simply
because they are separately owned,

1068
01:55:28,159 --> 01:55:37,679
located on adjacent parcel, separately
permitted or constructed later.

1069
01:55:35,360 --> 01:55:43,520
At the same time, the ordinance should
respect decisions legally belonging to

1070
01:55:40,320 --> 01:55:49,360
utilities and other regulators. Lincoln
County does not need to operate the

1071
01:55:45,599 --> 01:55:54,159
electrical g grid to make sound land use
decisions. It needs reliable information

1072
01:55:52,239 --> 01:56:00,000
about the whole project it is being
asked to approve. If that so happens,

1073
01:55:57,920 --> 01:56:06,159
please use the community draft as the
foundation and have council create clear

1074
01:56:03,760 --> 01:56:12,639
objective pre-approval requirements
within the county's lawful authority.

1075
01:56:10,000 --> 01:56:18,639
Also, I would like to state that I agree
with Chairman Williams's

1076
01:56:15,599 --> 01:56:25,679
opinion that that the changes are
adopted to further strengthen this and

1077
01:56:22,000 --> 01:56:30,639
then send it back for review to see if
we can strengthen it even farther. I do

1078
01:56:28,320 --> 01:56:34,719
appreciate that and I want to thank you
guys for your time and your efforts.

1079
01:56:33,119 --> 01:56:41,440
» Thank you, David. I appreciate that.
Okay. So, Nancy Nelson is was next here

1080
01:56:38,639 --> 01:56:44,440
in the list and then Susan Cipher after
that.

1081
01:56:44,880 --> 01:56:51,840
» You didn't give me an on deck.
>> On deck on quue.

1082
01:56:50,239 --> 01:56:56,495
» Sorry. [laughter]
>> You want to go to the bottom of the

1083
01:56:53,119 --> 01:56:56,495
list? [cough and clears throat]

1084
01:56:57,040 --> 01:57:06,480
» Nancy Nelson, settle in Nebraska. I'm
going to speak on 8.22.10

1085
01:57:02,880 --> 01:57:12,360
10 noise standards. I urge the board to
adopt strong measurable noise standards

1086
01:57:08,560 --> 01:57:12,360
in section 8.22.10.

1087
01:57:14,159 --> 01:57:21,360
The com the county draft requires data
centers to implement noise mitigation

1088
01:57:18,239 --> 01:57:26,400
measures to minimize impacts on nearby
residential areas. That is an important

1089
01:57:23,840 --> 01:57:31,679
goal, but minimize is not a measurable
compliance standard. How does an

1090
01:57:28,960 --> 01:57:36,639
applicant prove compliance? How does a
neighbor demonstrate violations and what

1091
01:57:34,400 --> 01:57:41,199
objective standards does the zoning
administration enforce? The community

1092
01:57:39,119 --> 01:57:46,880
draft provides a stronger framework
because it establishes numerical noise

1093
01:57:43,360 --> 01:57:52,320
limits, measurement locations, nighttime
protections, testing procedures, and

1094
01:57:49,360 --> 01:57:57,920
specific consideration of total and low
frequency noise. Please retain those

1095
01:57:55,440 --> 01:58:03,040
concepts, but do not adopt technical
numbers simply because they appear more

1096
01:58:01,040 --> 01:58:07,040
protective.
Before a final adoption, have a

1097
01:58:04,960 --> 01:58:12,480
qualified independent acoustic
professional evaluate the proposed decel

1098
01:58:09,599 --> 01:58:18,239
limits, frequency standard, measurement
locations, testing duration, background

1099
01:58:15,520 --> 01:58:22,639
noise, weather conditions,
instrumentation,

1100
01:58:19,760 --> 01:58:28,480
and treatment of emergency generators.
Then make the ordinance ask six

1101
01:58:25,199 --> 01:58:35,599
questions clearly. What gets measured?
Where, when, by whom? What constitutes a

1102
01:58:32,560 --> 01:58:41,040
violation? And what happens when the
facility exceeds the limits? The final

1103
01:58:38,400 --> 01:58:47,520
regulations to protect sensitive
receptors address both ordinary and low

1104
01:58:44,400 --> 01:58:53,599
frequency and tone or tonal noise
require pre-operational analysis

1105
01:58:50,960 --> 01:59:00,239
postoperational verification and
establish continuing compliance. Any

1106
01:58:56,719 --> 01:59:06,239
exception except exception for genuine
emergencies or required generation

1107
01:59:03,280 --> 01:59:11,040
testing should also be narrowly defined
as it does not become a loophole for

1108
01:59:09,040 --> 01:59:16,239
routine operation.
Please use the community draft as a

1109
01:59:13,199 --> 01:59:22,080
foundation. Replace the counties
counties subjective standards with

1110
01:59:18,800 --> 01:59:26,480
objective limits and have qualified
experts establish a technical record

1111
01:59:24,400 --> 01:59:31,840
supporting those limits. Noise
protection should be measured before

1112
01:59:28,880 --> 01:59:36,320
approval enforceful after operation
begins. And I would also like to thank

1113
01:59:34,320 --> 01:59:40,639
you Mr. Williams. This is a leaving
living living and breathing document.

1114
01:59:37,520 --> 01:59:46,480
We've heard that since June. So, I would
like something approved today more than

1115
01:59:43,199 --> 01:59:51,599
the one and then it goes back. Um, and
thank you, Judy. I liked the explanation

1116
01:59:48,880 --> 01:59:55,679
this um at the beginning of all the
other things that

1117
01:59:53,920 --> 01:59:59,840
the environmental and I'm going to go
review those and I thank you very much

1118
01:59:57,280 --> 02:00:04,320
for that ex explanation and for all the
hard work. Just remember you have

1119
02:00:02,560 --> 02:00:11,119
concerned citizens out here that have
been working just as hard. Thank you.

1120
02:00:07,040 --> 02:00:15,480
» Thank you, Na Nancy. Uh Susan Cipher is
up next and then Nancy Fleece.

1121
02:00:17,679 --> 02:00:23,679
» Hello Susan Cipher, Southern Nebraska.
>> Morning.

1122
02:00:21,440 --> 02:00:28,800
» Behind me generation is not simply an
electrical issue. It is also a land use,

1123
02:00:26,560 --> 02:00:34,000
environmental and emergency response
issue. This is why I urge the board to

1124
02:00:31,840 --> 02:00:38,000
incorporate the stronger protections
from the community version of section

1125
02:00:36,400 --> 02:00:43,760
822.08.
8. Unlike the county draft, the commit

1126
02:00:40,880 --> 02:00:49,360
committee version requires analysis of
fuel storage and spill containment,

1127
02:00:46,639 --> 02:00:55,599
battery chemistry and hazards, air
emissions, noise, vibration, cooling

1128
02:00:52,639 --> 02:01:00,400
water discharge, decommissioning, and
environmental regulations.

1129
02:00:58,159 --> 02:01:05,199
It also requires coordination with
emergency management, fire departments,

1130
02:01:02,800 --> 02:01:11,760
and emergency medical services,
including hazard disclosure, specialized

1131
02:01:08,320 --> 02:01:18,560
training, emergency access, shutdown
procedures, and communication protocols.

1132
02:01:15,119 --> 02:01:23,920
Those concepts should remain, but please
have counsel and qualified professionals

1133
02:01:21,760 --> 02:01:30,320
refine the language. Instead of
requiring a generation have absolutely

1134
02:01:26,639 --> 02:01:36,480
no negative impact, establish measurable
performance standards and compliance

1135
02:01:32,480 --> 02:01:41,599
requirements, require evidence of a um
applicable f federal, state, and

1136
02:01:38,800 --> 02:01:48,239
environmental permits and approvals
without unnecessary duplicating another

1137
02:01:44,480 --> 02:01:54,320
agency's regulatory authority. Energy
storage requirements should identify

1138
02:01:51,040 --> 02:01:59,840
technology, chemistry, capacity,
hazardous materials, failure modes,

1139
02:01:57,360 --> 02:02:04,960
monitoring, maintenance, emergency
response, and decommissioning.

1140
02:02:02,560 --> 02:02:10,159
The community draft also correctly
connects backup power systems in section

1141
02:02:08,080 --> 02:02:15,760
822.08
rather than treating backup generators

1142
02:02:12,320 --> 02:02:21,679
as unrelated equipment. That principle
is critical. Whether electricity comes

1143
02:02:18,719 --> 02:02:27,920
from the grid, natural gas turbines, gas
turbines, diesel generation, batteries,

1144
02:02:25,360 --> 02:02:32,560
fuel cells, and other technology, the
county should understand the

1145
02:02:30,400 --> 02:02:37,599
infrastructure and impacts before
improving the land use. Please adopt the

1146
02:02:35,440 --> 02:02:42,880
community framework refined in the
council and technical experts and make

1147
02:02:41,040 --> 02:02:48,000
822.08
comprehensive.

1148
02:02:44,400 --> 02:02:53,800
measurable, enforcable, technologically
neutral. Thank you.

1149
02:02:50,159 --> 02:02:53,800
» Thank you very much.

1150
02:02:55,199 --> 02:03:04,320
Uh, let's see if I didn't lose my place.
Nancy Nancy Fleece. Good morning. And

1151
02:03:02,080 --> 02:03:08,400
then we have Michelle Bogs.
>> Good morning. Nancy Fleece. I live south

1152
02:03:06,320 --> 02:03:10,800
of Southerntherland where this is
proposing to be built.

1153
02:03:10,000 --> 02:03:13,520
» No, ma'am. [clears throat]
>> No.

1154
02:03:11,199 --> 02:03:16,800
» No. I was very clear about that. We are
not here to talk about a project. Oh,

1155
02:03:15,520 --> 02:03:20,880
sorry. Regulations.
>> Can I talk about feelings?

1156
02:03:19,360 --> 02:03:26,400
» Are they good ones?
>> No, not necessarily.

1157
02:03:23,920 --> 02:03:31,360
» They're very sad feelings. What I do ask
is going to concern the minimum site rec

1158
02:03:28,719 --> 02:03:36,400
requirements. I urge the board to
substantially strengthen section 82207

1159
02:03:34,719 --> 02:03:40,639
while making sure its acreage and
setback requirements can be supported by

1160
02:03:38,480 --> 02:03:45,840
evidence. The difference between these
drafts is very significant.

1161
02:03:43,440 --> 02:03:52,239
The county requires only 10 acres with
ordinarily I1 industrial setbacks of 30

1162
02:03:49,280 --> 02:03:58,560
feet in front, 25 ft in the rear, and
just 10 feet on the side. The community

1163
02:03:55,040 --> 02:04:03,679
draft requires 120 acres and 500 foot
setbacks, requires future expansions to

1164
02:04:01,599 --> 02:04:08,880
maintain those setbacks, and allows the
county to require greater separation

1165
02:04:06,159 --> 02:04:13,440
based on proximity to residences,
agriculture, schools, and other

1166
02:04:10,960 --> 02:04:18,080
sensitive receptors. The community
approach provides substantially greater

1167
02:04:15,760 --> 02:04:22,960
protection. But I am not asking you to
adopt numbers simply because they are

1168
02:04:19,920 --> 02:04:28,080
larger. I am asking you to establish
meaningful setbacks reported by the

1169
02:04:25,119 --> 02:04:32,719
impacts the county is trying to prevent.
Noise, lighting, lighting, visual

1170
02:04:30,400 --> 02:04:37,360
impacts, mechanical equipment,
generation facilities, emergency risk,

1171
02:04:35,599 --> 02:04:42,400
and conflicts with neighboring land
uses. Please ask your planning staff,

1172
02:04:40,239 --> 02:04:48,400
technical experts, and county attorney
what evidence supports 10 feet, 500 ft,

1173
02:04:45,199 --> 02:04:52,880
or some other distance. Consider whether
ex sensitive receptors and

1174
02:04:50,080 --> 02:04:57,440
non-participating residences require
greater separation than ordinary

1175
02:04:55,119 --> 02:05:01,520
industrial property lines and whether
some setbacks should be measured from

1176
02:04:59,840 --> 02:05:06,719
buildings, generators, cooling
equipment, substations or other impact

1177
02:05:04,400 --> 02:05:12,159
producing equipment rather than simply
from partial boundaries. Also retain the

1178
02:05:10,159 --> 02:05:17,520
community requirement that future
expansion areas remain subject to the

1179
02:05:14,480 --> 02:05:22,000
applicable setbacks. A large acreage
requirement alone does not protect the

1180
02:05:19,679 --> 02:05:26,800
neighbor where the facility and its
equipment are located on that acreage

1181
02:05:24,080 --> 02:05:32,800
does matter. Please use a community
draft as the stronger starting point but

1182
02:05:29,920 --> 02:05:37,920
establish setback and acreage standards
that are protective, evidence-based,

1183
02:05:35,040 --> 02:05:42,239
measurable and defensible challenge if
challenged. I thank you and I ask you to

1184
02:05:40,800 --> 02:05:46,000
not only just come from your
commissioner hearts when you make these

1185
02:05:43,840 --> 02:05:52,239
decisions, but from your personal
hearts. This is my neighbor. This is

1186
02:05:48,800 --> 02:05:58,400
where I raised my kids. Thank you.
>> Thank you, Nancy.

1187
02:05:55,679 --> 02:06:04,400
Next up, we have Michelle Bogs. Michelle
and then we'll have uh Charles Fleece

1188
02:06:02,239 --> 02:06:09,679
on the in the queue.
>> Good morning. I am Michelle Bogs from

1189
02:06:06,800 --> 02:06:15,840
outside North Plat. I'm here to speak on
8.22.04

1190
02:06:12,239 --> 02:06:21,520
development standards. I urge the board
to strengthen section 8.22.04

1191
02:06:18,719 --> 02:06:26,719
04 by combining the county draft's
important water protection standard with

1192
02:06:24,560 --> 02:06:32,719
a more detailed and measurable
requirements in the community draft.

1193
02:06:30,000 --> 02:06:38,560
First, buffers should be requirements,
not possibilities. The county says

1194
02:06:35,520 --> 02:06:44,639
buffers may be required and exterior
surfaces should minim minimize visual

1195
02:06:41,679 --> 02:06:50,320
impacts. The community draft instead
says buffers shall be required and

1196
02:06:47,679 --> 02:06:57,199
specifies that buildings, cooling
equipment, and mechanical systems must

1197
02:06:53,119 --> 02:07:02,560
be screened. Please retain the stronger
mandatory language and specify where

1198
02:07:00,000 --> 02:07:07,760
buffers are required, what they must
accomplish, and how they must be

1199
02:07:04,719 --> 02:07:13,599
maintained. Water protection is even
more important. The county draft

1200
02:07:10,320 --> 02:07:19,199
properly says no data center should be
approved unless adequate water exists

1201
02:07:16,560 --> 02:07:24,719
and withdrawals and discharges will not
adversely affect groundwater or surface

1202
02:07:21,760 --> 02:07:30,000
water. Keep that standard. But the
community draft provides the evidence

1203
02:07:27,520 --> 02:07:35,679
needed to apply it. Quantified water
losses, replenishment requirement and

1204
02:07:32,480 --> 02:07:40,639
sources, drought planning, public water
certification,

1205
02:07:37,280 --> 02:07:46,320
well sustainability analysis, baseline
hydrarology, ongoing monitoring and

1206
02:07:43,440 --> 02:07:51,520
maintenance discharge protections. Those
provisions should form the foundation of

1207
02:07:49,199 --> 02:07:56,719
the final ordinance, but they need
technical and legal refinement. The

1208
02:07:54,159 --> 02:08:01,679
cooling language hierarchy should be
clarified. Engineers should determine

1209
02:07:59,280 --> 02:08:05,679
appropriate monitoring and testing
requirements, and council should

1210
02:08:03,840 --> 02:08:11,440
distinguish what Lincoln County can
enforce through zoning from discharge,

1211
02:08:08,639 --> 02:08:15,599
groundwater, or water quality decisions
belonging to the NRD or state and

1212
02:08:13,599 --> 02:08:20,079
federal agencies.
Finally, independent technical review

1213
02:08:18,239 --> 02:08:25,280
should be mandatory, not merely
something the county may request with

1214
02:08:23,040 --> 02:08:30,159
qualified experts selected by the county
and paid for by the applicant.

1215
02:08:28,079 --> 02:08:35,199
Please take the strongest provisions
from both drafts and create standards

1216
02:08:32,639 --> 02:08:39,920
that are mandatory, measurable,
technically supported, and within

1217
02:08:37,119 --> 02:08:45,040
Lincoln County's lawful authority. Thank
you for all the hard work, and thank you

1218
02:08:41,679 --> 02:08:48,280
for hearing us and considering Thank
you, Michelle.

1219
02:08:48,320 --> 02:08:56,948
Um, Charles, please. And then we'll have
Martin Mora.

1220
02:08:54,320 --> 02:08:58,969
» Martin will be up after Charles.
[clears throat]

1221
02:09:01,119 --> 02:09:08,560
» Morning, Charles. Fleece.
>> Morning.

1222
02:09:03,440 --> 02:09:15,920
» On uh section 8.22.6 16 decommissioning
on this whether we go along and we give

1223
02:09:12,719 --> 02:09:22,719
them a higher bond to hold them
accountable to the size of the project

1224
02:09:17,679 --> 02:09:27,599
the finance behind it. Um that's kind of
where I'm at there. It's going to get

1225
02:09:24,719 --> 02:09:30,159
put back as close to natural as it can.
Need to hold their feet to the fire.

1226
02:09:29,040 --> 02:09:33,840
Like you're saying, Commissioner
Williams,

1227
02:09:31,679 --> 02:09:38,560
the regulations are to hold their feet
to the fire and hold them accountable.

1228
02:09:37,040 --> 02:09:45,520
Whether
from the beginning of this process,

1229
02:09:42,560 --> 02:09:53,760
the regulations
could be a deterrent or a welcome.

1230
02:09:50,320 --> 02:09:59,599
I think we're in agreement. It it could
be a deterrent. Um,

1231
02:09:57,599 --> 02:10:05,040
lifechanging money could come to Lincoln
County, to Solen, to Wallace, to

1232
02:10:01,280 --> 02:10:12,400
Hershey. And is that worth it? What do
we get out of this?

1233
02:10:07,360 --> 02:10:21,679
Um, are they held if 100,000 gallons of
glycol get spilled? Do they clean it up?

1234
02:10:18,000 --> 02:10:26,320
What happens at that point? I guess
there's still a document that can be

1235
02:10:24,880 --> 02:10:32,880
worked on, can be changed, can be
addressed. Um, conditional use permit,

1236
02:10:30,639 --> 02:10:36,239
things can be added in there. There's a
lot of layers. I thought in the

1237
02:10:34,719 --> 02:10:41,040
beginning of this process, we were
protected and it was going to be okay.

1238
02:10:39,040 --> 02:10:46,000
Now, it's like a game of Plinko where
it's the they're they're just picking

1239
02:10:44,159 --> 02:10:50,079
their way through the process and
they're going to get to the bottom. They

1240
02:10:47,840 --> 02:10:54,560
will get there.
But what are what are we going to do,

1241
02:10:52,719 --> 02:10:57,520
guys?
As I said in the first time I ever stood

1242
02:10:56,159 --> 02:11:01,840
up in front of you guys, are we willing
to sell our soul for this? Are we

1243
02:10:59,920 --> 02:11:07,440
willing to fight?
I like to give deputy attorney enough

1244
02:11:04,719 --> 02:11:12,400
tools to fight. Kind of mentioned that
before. You can't just walk into ruin

1245
02:11:10,639 --> 02:11:16,320
and just start shooting. He needs to
have ammunition. He needs to have

1246
02:11:14,000 --> 02:11:22,159
something good to stand on so he can
fight for the rest of us also. And I do

1247
02:11:18,639 --> 02:11:26,719
appreciate that. I do
I do respect what you guys are trying to

1248
02:11:24,079 --> 02:11:29,599
do. Hopefully what you guys do get done
in this process.

1249
02:11:28,800 --> 02:11:35,360
Thank you.
>> Thank you, sir. Appreciate that. Martin

1250
02:11:33,040 --> 02:11:42,719
and then we'll have Jan Knight after
that. Martin Mora, come on forward, sir.

1251
02:11:39,920 --> 02:11:48,159
Good morning. Good morning all.
>> Good morning.

1252
02:11:45,840 --> 02:11:52,639
So, commissioners, my comments today are
directed to the continuing compliance

1253
02:11:50,239 --> 02:11:57,119
provisions in the August 27th draft of
section 822. Um, during an earlier

1254
02:11:55,520 --> 02:12:01,040
meeting with planning and zoning, it was
noted that there is currently no

1255
02:11:59,040 --> 02:12:05,840
position specifically assigned to this
kind of continuing oversight. Um my

1256
02:12:04,159 --> 02:12:10,239
concern was once the application is
approved and the conditional use permit

1257
02:12:08,000 --> 02:12:14,480
is issued what and the facility is
operating who is responsible for making

1258
02:12:12,320 --> 02:12:18,320
sure those tools work together over the
lifetime of the facility information and

1259
02:12:16,960 --> 02:12:23,199
reports will need to be tracked over
time complaints evaluated inspections

1260
02:12:21,040 --> 02:12:27,599
coordinated and potential violations
considered and addressed. Eventually, I

1261
02:12:25,520 --> 02:12:33,040
believe that function could be fulfilled
by a small technically capable data

1262
02:12:30,159 --> 02:12:36,880
center compliance office or officer. I'm
not suggesting we create a new

1263
02:12:34,480 --> 02:12:40,639
regulatory body today. I'm presenting a
concept that may help us move forward

1264
02:12:38,880 --> 02:12:45,199
while preserving a clear path for
continued county level monitoring,

1265
02:12:42,639 --> 02:12:50,159
verification, and enforcement within the
authority available under Nebraska law

1266
02:12:47,199 --> 02:12:54,400
and statutes. That function could also
coordinate with rather than duplicate

1267
02:12:52,079 --> 02:12:58,639
the work already being done by existing
local and regional public entities and

1268
02:12:56,960 --> 02:13:03,360
other agencies or utilities with
responsibility in that respect.

1269
02:13:01,520 --> 02:13:07,599
Citizens should have somewhere they can
take a legitimate concern uh where it

1270
02:13:05,840 --> 02:13:13,280
can be documented, measured and
resolved. Planning and zoning and county

1271
02:13:10,400 --> 02:13:17,840
council should not become the first stop
every time that a resident reports a

1272
02:13:15,199 --> 02:13:23,280
problem or and it should also not result
in a bottleneck if there are potential

1273
02:13:20,719 --> 02:13:27,760
compliance issues that arise. If we're
going to establish meaningful standards,

1274
02:13:25,760 --> 02:13:31,599
I think we should also preserve the
county's ability to administer, monitor,

1275
02:13:29,679 --> 02:13:36,320
and enforce those standards as we move
forward. Having reviewed relevant

1276
02:13:34,000 --> 02:13:41,119
Nebraska statutes and existing county
powers, I'll provide a few references to

1277
02:13:39,199 --> 02:13:46,000
planning and zoning and council for
consideration uh after we kind of see

1278
02:13:43,360 --> 02:13:50,560
how today's meeting shakes out. Um the
benefit I would hope for is continuity.

1279
02:13:48,079 --> 02:13:57,040
Citizens have one place to go after the
fact in order to present any challenges.

1280
02:13:53,520 --> 02:14:02,159
Um, and the county is able to maintain a
durable record that would survive future

1281
02:13:59,840 --> 02:14:04,800
changes in staff, elected officials, and
ownership.

1282
02:14:03,199 --> 02:14:08,719
» Martin, before you walk away from the
podium, I I was remiss in not requesting

1283
02:14:06,960 --> 02:14:12,020
you speak your name. I spoke your name.
>> Oh, apologies. Martin Moore, North.

1284
02:14:11,119 --> 02:14:19,079
» Thank you. Thank you very
[clears throat] much.

1285
02:14:14,079 --> 02:14:19,079
Uh, Jan Knight and then Diane Hibner.

1286
02:14:19,840 --> 02:14:24,000
» Morning, Jan.
>> Morning. Go ahead and speak your name to

1287
02:14:23,119 --> 02:14:31,360
the microphone.
>> Jan N of North Flat, Nebraska. I am

1288
02:14:28,239 --> 02:14:36,159
speaking on environment environmental
monitoring 8220.

1289
02:14:34,480 --> 02:14:41,599
I urge the board to add the
environmental monitoring definition and

1290
02:14:38,400 --> 02:14:46,159
framework from the community regulations
with appropriate legal refinement. There

1291
02:14:44,560 --> 02:14:51,840
is an important difference between the
two drafts. The community regulations

1292
02:14:48,960 --> 02:14:57,040
establish environmental monitoring as an
ongoing independent program covering

1293
02:14:54,320 --> 02:15:01,599
development, construction, operation,
and decommissioning.

1294
02:14:59,040 --> 02:15:07,920
They require defined baseline conditions
and measurable standards for water use,

1295
02:15:04,880 --> 02:15:13,119
waste, discharges, lighting, and noise.
This is a major improvement over just

1296
02:15:09,920 --> 02:15:18,000
simply stating that a project must pro
protect the environment.

1297
02:15:15,840 --> 02:15:23,760
The community draft also requires
independent monitoring paid for by the

1298
02:15:20,639 --> 02:15:29,280
project also to relevant records and
facility information, regular reporting,

1299
02:15:26,880 --> 02:15:34,719
public availability of monitoring
results and binding requirements that

1300
02:15:31,920 --> 02:15:38,639
survive ownership changes and continue
through post decommissioning

1301
02:15:36,320 --> 02:15:43,599
remediation.
But I'm not asking the board to adopt

1302
02:15:40,480 --> 02:15:48,480
every sentence exactly as written. For
example, the position the provision

1303
02:15:45,440 --> 02:15:53,280
allowing affected communities to select
the monitoring authority should be

1304
02:15:50,719 --> 02:15:58,560
refined so that the stakeholders have
meaningful input without creating an

1305
02:15:55,520 --> 02:16:03,679
unintended veto. The ordinance should
also establish objective procedures for

1306
02:16:01,440 --> 02:16:09,040
setting performance thresholds and
should have council review provisions

1307
02:16:06,000 --> 02:16:14,079
concerning automatic compensation and
permit revocation.

1308
02:16:11,360 --> 02:16:19,360
The important thing is not though whose
draft gets adopted. Both documents are

1309
02:16:16,480 --> 02:16:24,239
drafts. The county currently has no
comparable standalone environmental

1310
02:16:21,599 --> 02:16:28,719
monitoring definition.
Please use the community draft as the

1311
02:16:26,480 --> 02:16:32,960
foundation. Strengthen it where
necessary and have council make the

1312
02:16:30,480 --> 02:16:39,599
final language objective measurable,
administratable, and legally defensible.

1313
02:16:36,719 --> 02:16:44,800
A data center should not simply promise
to comply. Lincoln County should have

1314
02:16:42,240 --> 02:16:50,880
the ability to measure compliance, know
when standards are exceeded, require

1315
02:16:48,000 --> 02:16:55,359
corrective action, and preserve those
protections for the life of the

1316
02:16:52,559 --> 02:17:00,479
facility. Thank you. Thank you for all
your help and all your hard work.

1317
02:16:57,439 --> 02:17:05,280
» Thank you,
Diane Hibner. And then we'll have

1318
02:17:02,080 --> 02:17:10,240
Shaylee Scranton. Diane, good morning
Diane. Morning.

1319
02:17:08,000 --> 02:17:16,639
I'm Diane Hibner.
I urge the board to make section 82215

1320
02:17:14,639 --> 02:17:22,000
one of the strongest provisions in the
final regulations. The data center

1321
02:17:19,599 --> 02:17:27,040
should not be reviewed as simply a
building on a parcel. The county needs

1322
02:17:24,479 --> 02:17:32,639
to understand the whole project and its
combined its combined impacts before

1323
02:17:29,760 --> 02:17:37,200
approval. The community draft provides
the stronger framework by requiring

1324
02:17:35,200 --> 02:17:42,800
environmental and community impact
analysis and updated review when the

1325
02:17:39,920 --> 02:17:47,840
project when projects expand. That
concept should be retained and

1326
02:17:44,639 --> 02:17:53,920
strengthened. The final ordinance should
require disclosure of the project's full

1327
02:17:50,880 --> 02:17:58,880
reasonable anticipated package such as
the buildings, the electrical demand,

1328
02:17:56,399 --> 02:18:04,160
substations and transmission needs
behind the meter generation, backup

1329
02:18:01,120 --> 02:18:09,760
power, batteries, fuel infrastructure,
water supply, cooling, wastewater,

1330
02:18:07,200 --> 02:18:16,319
roads, and the known future phases or
other infrastructure material materially

1331
02:18:13,439 --> 02:18:21,760
necessary to serve the project. That
does not mean Lincoln County regulates

1332
02:18:18,559 --> 02:18:26,800
everything disclosed. Utilities, NRDs,
and the state or federal agencies may

1333
02:18:24,639 --> 02:18:32,000
control particular infrastructure or
permits that the county cannot evaluate

1334
02:18:29,599 --> 02:18:36,399
land use impacts that it doesn't know
about.

1335
02:18:33,840 --> 02:18:41,040
require qualified professionals to
analyze the appropriate subjects and

1336
02:18:38,719 --> 02:18:46,880
allow the county to select and direct
independent reviewers at the applicant's

1337
02:18:43,679 --> 02:18:51,760
reasonable expense. The analysis should
evaluate combined and cumulative

1338
02:18:49,280 --> 02:18:57,359
impacts, not merely each component
separately, and require updates when

1339
02:18:54,399 --> 02:19:01,599
material project assumptions change,
such as electrical demand, water use,

1340
02:18:59,840 --> 02:19:06,719
generation,
um, infrastructure, the site design, or

1341
02:19:04,160 --> 02:19:12,000
expansion before the county approves the
changed project. Finally, make the

1342
02:19:09,840 --> 02:19:16,800
analysis part of the county's actual
decisionmaking record. It should provide

1343
02:19:14,639 --> 02:19:21,920
evidence for the planning commission and
board to make required factual findings

1344
02:19:19,599 --> 02:19:26,479
and not simply become another report
sitting in an application file. Please

1345
02:19:24,719 --> 02:19:32,479
use the community draft as the
foundation, but refine it with council

1346
02:19:29,359 --> 02:19:36,960
and technical experts. Lincoln County
should review the project that will

1347
02:19:34,800 --> 02:19:41,840
actually exist, including the known
dependencies, not merely the portion

1348
02:19:39,439 --> 02:19:45,120
appearing on the conditional use permit
applications. Thank you.

1349
02:19:44,399 --> 02:19:50,160
» Thanks, Diane.
>> Um, another question I just wondered,

1350
02:19:46,960 --> 02:19:54,080
um, I noticed that Gary Pson is here in
the audience. I was just wondering,

1351
02:19:52,479 --> 02:19:58,080
» Gary, would you mind sticking around
afterwards just to ask answer a few

1352
02:19:56,319 --> 02:20:02,439
questions if
>> Thank you.

1353
02:19:59,040 --> 02:20:02,439
» Thank you, Diane.

1354
02:20:03,040 --> 02:20:11,439
Consider I like your comments about the
whole project. That's kind of indicative

1355
02:20:08,080 --> 02:20:17,359
of David Fle's comments about fragment
segmentation. So that makes sense. SK

1356
02:20:14,000 --> 02:20:20,560
Shaylee is next and then Beth DeFreeze.
Good morning Shaylee. Speak to the

1357
02:20:19,280 --> 02:20:24,960
microphone to your name.
>> Good morning. I am Shaylee Scranton. I

1358
02:20:23,280 --> 02:20:30,800
live around Theford, but I do think that
this is a topic that's very important to

1359
02:20:27,520 --> 02:20:34,880
speak up about. And I'd like to urge
urge the board to strengthen section

1360
02:20:32,560 --> 02:20:38,960
8.22.06
by combining the county draft with the

1361
02:20:36,960 --> 02:20:43,920
more detailed emergency response
protections in the community draft. The

1362
02:20:41,520 --> 02:20:48,240
county draft requires emergency plans,
fire suppression, noise mitigation,

1363
02:20:46,319 --> 02:20:52,800
security, emergency service
improvements, annual inspections, and

1364
02:20:50,399 --> 02:20:56,240
county inspection access. Those are
important requirements, but the

1365
02:20:54,479 --> 02:21:01,680
community draft answers an important
question. What must emergency planning

1366
02:20:58,720 --> 02:21:06,080
actually address? It requires disclosure
of cooling and fire suppression

1367
02:21:03,439 --> 02:21:11,200
chemicals, battery systems, high voltage
equipment, substations, pressurized

1368
02:21:08,399 --> 02:21:15,120
systems, and decommissioning hazards. It
also requires specialized responder

1369
02:21:13,120 --> 02:21:19,520
training and necessary equipment funded
by the applicant. That is the stronger

1370
02:21:17,359 --> 02:21:23,359
approach. If a facility creates
specialized emergency response needs,

1371
02:21:21,760 --> 02:21:27,920
Lincoln County should identify those
needs before approval, not after an

1372
02:21:25,680 --> 02:21:31,760
incident. and taxpayers should not bear
reasonable project specific costs

1373
02:21:29,760 --> 02:21:36,080
created by the facility. But the
community language should also be

1374
02:21:33,359 --> 02:21:39,760
refined. Emergency management, fire
departments, and other qualified

1375
02:21:37,520 --> 02:21:43,840
professionals should identify necessary
project specific training and equipment.

1376
02:21:42,240 --> 02:21:47,680
Council should review inspection
provisions to distinguish emergency

1377
02:21:45,840 --> 02:21:51,680
access from routine regulatory
inspections. Private security

1378
02:21:49,840 --> 02:21:56,080
requirements should defer to applicable
law and appropriate law enforcement

1379
02:21:53,680 --> 02:22:00,560
coordination. Noise requirements should
also cross-reference the measurable

1380
02:21:57,840 --> 02:22:05,280
standards elsewhere in 8.22 rather than
relying only on the phrase minimize

1381
02:22:02,640 --> 02:22:09,600
impacts. The county's later section
8.22.17

1382
02:22:07,520 --> 02:22:14,319
already contains additional requirements
for emergency plans, radio coverage,

1383
02:22:12,080 --> 02:22:18,560
emergency contacts, responder training,
and specialized equipment. Please

1384
02:22:16,479 --> 02:22:22,240
consolidate the strongest provisions so
responsibilities are clear and not

1385
02:22:20,240 --> 02:22:26,240
scattered throughout the ordinance. The
final standard should answer four

1386
02:22:23,840 --> 02:22:31,040
questions. What hazards must be
disclosed? Who reviews them? What

1387
02:22:28,800 --> 02:22:35,120
preparedness is required? And who pays
for project specific response needs?

1388
02:22:33,280 --> 02:22:38,560
Please make those answers clear before
any facility begins operation. Thank

1389
02:22:37,439 --> 02:22:43,600
you.
>> Thank you, Shirley.

1390
02:22:41,359 --> 02:22:47,359
Beth to freeze. And then we'll have uh
Heather. I apologize. I'm sure the last

1391
02:22:46,720 --> 02:22:53,359
name.
>> It's okay. It's fine.

1392
02:22:49,920 --> 02:22:59,600
» Okay. Good morning. Next.
>> I'm Beth Different Lake Subdivision.

1393
02:22:56,960 --> 02:23:04,000
» I urge the board to strengthen section
82205.

1394
02:23:01,600 --> 02:23:08,800
The community and county drafts are
essentially the same. They both require

1395
02:23:06,240 --> 02:23:13,760
one parking space per employee based on
the largest shift. ADA compliant

1396
02:23:11,439 --> 02:23:19,520
parking, two loading spaces per
building, and then states that access

1397
02:23:16,399 --> 02:23:27,600
should be designed to ensure efficient
traffic flow and prevent congestion.

1398
02:23:22,880 --> 02:23:34,399
Our wish is to change should be designed
to shall be designed. It's efficient and

1399
02:23:31,680 --> 02:23:39,520
safe access is important enough to put
in this ordinance. It should be in an

1400
02:23:37,120 --> 02:23:43,120
enforcable requirement rather than a
suggestion.

1401
02:23:41,120 --> 02:23:47,920
Second, the site design should address
the traffic a particular project will

1402
02:23:45,600 --> 02:23:53,280
actually generate. The county shall
require adequate on-site parking,

1403
02:23:50,000 --> 02:23:58,479
loading areas, security gate, queuing,
emergency access, and safe ingress and

1404
02:23:55,760 --> 02:24:03,840
egress so that vehicles do not have to
maneuver on the public roads. The

1405
02:24:01,200 --> 02:24:10,640
ordinance shall account for both
construction and operational traffic.

1406
02:24:07,760 --> 02:24:16,080
Finally, requiring two loading spaces
per building may not fit every facility.

1407
02:24:13,760 --> 02:24:21,359
A better standard would require
applicant to demonstrate loading and

1408
02:24:18,800 --> 02:24:25,520
service areas are adequate for each
building subject to a reasonable county

1409
02:24:23,600 --> 02:24:30,560
minimum.
This these changes do not require you to

1410
02:24:28,479 --> 02:24:36,160
predict every future traffic problem,
but it does require the applicant to

1411
02:24:33,200 --> 02:24:42,640
disclose expected traffic and how to
safely accommodate it.

1412
02:24:38,880 --> 02:24:49,840
I would like clarification on one point.
Um, if I've asked this twice, I've got a

1413
02:24:47,040 --> 02:24:56,000
yes answer. I've gotten a no answer. If
a company complies with all regulations

1414
02:24:52,960 --> 02:25:00,720
as adopted, does the county still have
the option to say no to a proposed

1415
02:24:59,040 --> 02:25:06,800
company?
And if it can, can you put that in the

1416
02:25:04,560 --> 02:25:12,560
regulations?
We are here to protect the people and

1417
02:25:09,600 --> 02:25:16,000
our resources, not protect business.
Thank you.

1418
02:25:13,439 --> 02:25:22,080
» Thank you, Beth. U I'm confident we can
still say no.

1419
02:25:18,880 --> 02:25:27,840
want to speak to that real quickly
since it's it's on topic and we won't

1420
02:25:24,160 --> 02:25:30,560
forget it. It's an maybe technically
>> I want to speak at the end again too if

1421
02:25:29,520 --> 02:25:35,280
you'll allow me.
>> Um so one of the things that I forgot to

1422
02:25:33,520 --> 02:25:42,160
say when I was doing my little planning
101 speech conditional uses go with the

1423
02:25:37,760 --> 02:25:46,319
land. So when people are asking about
what holds the next owner to the same

1424
02:25:44,640 --> 02:25:49,520
standard, the conditional use is
granted. It goes with the property. No

1425
02:25:47,840 --> 02:25:54,800
matter who the owner is, no matter what
happens until such time as that 12

1426
02:25:52,080 --> 02:25:59,280
months comes and they don't use it
anymore, then they have to go to

1427
02:25:56,720 --> 02:26:02,880
something else or they change what
they're doing. Otherwise, it goes with

1428
02:26:01,040 --> 02:26:07,200
the land. So that continued compliance
with whatever's in that conditional use

1429
02:26:04,800 --> 02:26:11,520
stays with that property.
Um, now your question on can you deny

1430
02:26:10,000 --> 02:26:19,520
it?
Yes, if you have something that is

1431
02:26:14,960 --> 02:26:24,080
factbased behind the denial. You cannot
have a conditional use permit fill this

1432
02:26:21,920 --> 02:26:26,720
room with 120 people and everybody says,
"I don't want it. I don't want it. I

1433
02:26:25,520 --> 02:26:35,040
don't want it." And then you guys say,
"Okay, I don't want it." Why? You have

1434
02:26:30,720 --> 02:26:42,399
to have a why. You have to have a fact.
Is there environmental concern? Is there

1435
02:26:38,640 --> 02:26:47,520
wind, noise? Is there something? You
have to have a fact.

1436
02:26:45,359 --> 02:26:52,000
Um, Tyler, did I explain that well
enough?

1437
02:26:48,560 --> 02:26:56,399
» Close enough for now. Yeah. [laughter]
>> But you do have to have some fact behind

1438
02:26:54,080 --> 02:27:00,560
it. You cannot deny an application
simply because you do not want it.

1439
02:26:58,399 --> 02:27:04,399
» Well, I I appreciate the question. I
just wanted to address it in timely

1440
02:27:02,240 --> 02:27:10,160
fashions before we forgot it.
Um, Heather, and I apologize. I don't

1441
02:27:08,240 --> 02:27:15,040
didn't What's the last name? Heather.
>> Heather Gunnan. North Plat. Um,

1442
02:27:14,080 --> 02:27:20,960
» next.
>> Sorry. Um, I have looked through I don't

1443
02:27:18,720 --> 02:27:24,640
have the community
whatever that they're talking about. I

1444
02:27:22,880 --> 02:27:29,359
just have the cities that was provided
to me here today. Good.

1445
02:27:26,240 --> 02:27:35,120
» I just have a concern about heat dome. I
don't see this mentioning a heat dome at

1446
02:27:32,720 --> 02:27:40,319
all.
uh several places where they have them.

1447
02:27:37,439 --> 02:27:47,280
The the local within a few miles of the
site depending on how the size, how much

1448
02:27:43,760 --> 02:27:51,040
power it's running, um the wind that the
moisture and air, there's so much

1449
02:27:48,720 --> 02:27:55,040
environmental impact that could happen.
And being as how climate change is

1450
02:27:53,120 --> 02:28:01,760
running everyone's
prediction models into the dirt, I would

1451
02:27:59,120 --> 02:28:06,800
recommend a much larger
required

1452
02:28:04,080 --> 02:28:11,439
size of the entity, the the square
footage of the property just because if

1453
02:28:09,840 --> 02:28:16,080
there's farmers next door, they're going
to need they're I mean six degrees

1454
02:28:14,160 --> 02:28:21,040
increase over what it's like sometimes
110. So if it gets to 116 degrees around

1455
02:28:19,120 --> 02:28:23,760
the property, anybody trying to grow
anything, anybody who lives there is

1456
02:28:22,640 --> 02:28:29,040
going to need more air conditioning,
going to need require more water for

1457
02:28:26,000 --> 02:28:34,000
their animals, for their pets, for
themselves. Um,

1458
02:28:32,160 --> 02:28:38,000
so
I would

1459
02:28:35,920 --> 02:28:45,040
I would like someone to put something in
there whereas under the requirements for

1460
02:28:42,160 --> 02:28:48,439
any whoever's trying to put this in to
increase the

1461
02:28:49,760 --> 02:29:00,240
availability of the electric and water
to the some 25 mile

1462
02:28:58,240 --> 02:29:03,120
circum circumference of the property.
because we don't know where the heat

1463
02:29:01,600 --> 02:29:06,800
dome is going to go. We don't know how
big it's going to be. I know that that's

1464
02:29:05,040 --> 02:29:11,040
I would like it to be specifically in
the environmental

1465
02:29:09,120 --> 02:29:16,720
impact
requirements for them to do a study on

1466
02:29:13,280 --> 02:29:21,359
it and I would like to have it
updated at least by annually within

1467
02:29:19,520 --> 02:29:25,439
annually within the first five years of
operation

1468
02:29:23,040 --> 02:29:31,680
just so because the prediction models
are Excuse my language.

1469
02:29:28,720 --> 02:29:36,800
um the prediction models. I mean, we're
having once in a lifetime weather for

1470
02:29:34,080 --> 02:29:41,760
the rest of our lives, at least monthly
somewhere. So, uh I know that that's

1471
02:29:40,319 --> 02:29:46,960
going to make it they're going to have
to buy a ton more land, but

1472
02:29:45,359 --> 02:29:52,880
it's
it's only going to get hotter and having

1473
02:29:50,399 --> 02:29:58,800
a huge heat dome is only going to make
that so much hotter. And you can't grow

1474
02:29:56,319 --> 02:30:04,720
things when it gets to I mean that's
where most of the county's money comes

1475
02:30:00,960 --> 02:30:09,520
from is just green things
and it will all be brown.

1476
02:30:08,000 --> 02:30:15,880
» That's all I have to say. Thank you.
>> Thank you, Heather. Faith Coburn is up

1477
02:30:11,840 --> 02:30:15,880
next and then Pam Elliott.

1478
02:30:18,880 --> 02:30:29,840
» Well, thank you. Okay. uh Pam Pam
Elliott

1479
02:30:26,080 --> 02:30:34,000
and then we'll have Teresa Roert if she
chooses to speak.

1480
02:30:32,479 --> 02:30:38,160
Good morning. My name is Pam Elliot and
I live in North Plat, Nebraska. I urge

1481
02:30:36,479 --> 02:30:44,600
the board to adopt substantially
stronger requirements for backup power

1482
02:30:40,479 --> 02:30:44,600
systems section 8.221.13.

1483
02:30:44,640 --> 02:30:51,760
Backup generation should not be treated
as incidental equipment. A large data

1484
02:30:49,520 --> 02:30:56,960
center may have multiple generators,
fuel systems, batteries, exhaust

1485
02:30:54,240 --> 02:31:01,200
sources, and associated equipment. The
county should evaluate their combined

1486
02:30:58,720 --> 02:31:04,560
impact, not simply each piece
individually.

1487
02:31:02,880 --> 02:31:08,399
The county draft contains useful
protections, including environmental

1488
02:31:06,720 --> 02:31:13,439
compliance restrictions on routine
testing hours, noise mitigation, and

1489
02:31:10,640 --> 02:31:17,200
fuel storage requirements.
But the community draft provides the

1490
02:31:15,120 --> 02:31:20,960
stronger framework by making backup
power subject to the comprehensive

1491
02:31:18,960 --> 02:31:26,240
behind meter generation requirements in
section 8.22.08

1492
02:31:23,760 --> 02:31:31,520
that brings fuel storage, air emissions,
noise, vibration, environmental impacts,

1493
02:31:29,520 --> 02:31:35,840
emergency planning, and decommissioning
into the review.

1494
02:31:34,399 --> 02:31:40,960
Please retain that approach and
strengthen it further. Before approval,

1495
02:31:38,880 --> 02:31:45,760
require disclosure of the number and
type of generators, fuel source,

1496
02:31:43,760 --> 02:31:51,520
individual and total generating
capacity, locations, fuel storage,

1497
02:31:48,640 --> 02:31:57,359
exhaust systems, anticipated testing and
operating hours and projected emissions.

1498
02:31:55,280 --> 02:32:03,200
Also distinguish genuine emergency
operator operation from routine testing

1499
02:32:00,160 --> 02:32:07,439
and other non-emergency operation.
Calling equipment backup should not

1500
02:32:05,520 --> 02:32:13,359
create a loophole allowing regular
generation to escape escape standards

1501
02:32:10,160 --> 02:32:17,760
intended for normal operations. Require
evidence of all applicable state and

1502
02:32:15,520 --> 02:32:23,120
federal air quality permits and have
qualified experts evaluate aggregate

1503
02:32:20,240 --> 02:32:28,960
noise emissions, heat related impacts
and risks to nearby sensitive receptors.

1504
02:32:27,120 --> 02:32:33,439
The county should not attempt to replace
state or federal environmental

1505
02:32:30,800 --> 02:32:39,200
regulators, but it should in understand
the land use impacts of the complete

1506
02:32:35,680 --> 02:32:42,800
backup power system before approving any
project.

1507
02:32:41,120 --> 02:32:49,040
Please combine the strongest provisions
of both drafts to make 8.22.13

1508
02:32:46,399 --> 02:32:53,680
measurable, technology neutral,
independent re independently reviewable,

1509
02:32:51,760 --> 02:33:01,439
and enforceable through the facility's
life. Backup power should be reviewed

1510
02:32:57,200 --> 02:33:04,399
prior to any project being approved, not
after.

1511
02:33:03,040 --> 02:33:08,960
Thank you.
>> Thank you, Pam.

1512
02:33:06,880 --> 02:33:14,479
Terresa Roers. And then we have Muriel
Clark. And again, if anyone else didn't

1513
02:33:11,760 --> 02:33:17,040
make the list and wants to speak.
>> Okay. Good morning. I'm Teresa Roer from

1514
02:33:16,319 --> 02:33:19,920
Southerntherland.
>> Good morning.

1515
02:33:17,520 --> 02:33:25,040
» Hi. Um, I think you've heard throughout
this whole speech, all these speeches,

1516
02:33:21,920 --> 02:33:29,680
that we're trying to help you understand
that it's important to have a plan

1517
02:33:26,880 --> 02:33:34,720
before approval, to make them measurable
after construction, and to continue with

1518
02:33:32,399 --> 02:33:37,920
their compliance afterward. And I think
all of these things that we're talking

1519
02:33:36,080 --> 02:33:45,200
about include all that. I want to speak
specifically about 82211 and 82212,

1520
02:33:42,160 --> 02:33:49,200
which is lighting and screening. Um, the
lighting provisions provided by the

1521
02:33:46,880 --> 02:33:54,880
county give us a pretty good guideline,
but it does not uh does not establish an

1522
02:33:52,720 --> 02:33:59,600
objective limit on how much light can
actually leave the property. The

1523
02:33:57,200 --> 02:34:05,439
community draft establishes a property
line spillover limit. It requires fully

1524
02:34:02,960 --> 02:34:09,680
shielded fixtures with no upward light
emission and establishes nighttime

1525
02:34:07,920 --> 02:34:15,520
dimming and requires continuing
maintenance. Um, we have also with the

1526
02:34:13,280 --> 02:34:20,000
screening the same concerns. The
community draft goes further by

1527
02:34:17,280 --> 02:34:26,800
requiring the applicant to demonstrate
that screening actually provides visual

1528
02:34:23,200 --> 02:34:30,800
protection. It meets the section 82210
noise standards, which is what they're

1529
02:34:28,560 --> 02:34:36,399
supposed to be there for, and remains
durable over time. It also permits

1530
02:34:33,439 --> 02:34:42,880
alternative designs when professionals
can provide equivalent performance.

1531
02:34:39,680 --> 02:34:47,920
Um through all of this, it is not only
what happens the day they build the

1532
02:34:44,960 --> 02:34:51,920
building. Please don't just regulate
what happens then. It has to be for the

1533
02:34:50,399 --> 02:34:56,560
maintaining for the life of the
facility. And that's what we're asking.

1534
02:34:54,319 --> 02:35:00,560
Make it a plan before approval,
measurable performance after

1535
02:34:58,560 --> 02:35:04,640
construction, and then continuing
compliance throughout the life of the

1536
02:35:02,720 --> 02:35:09,439
project. Thank you.
>> Thank you, Teresa.

1537
02:35:06,880 --> 02:35:14,880
Uh the last we have on our list is Mur
Muriel Clark. And again, if anybody else

1538
02:35:13,120 --> 02:35:20,479
didn't get on the list and wants to come
forth after Muriel's presentation, we'll

1539
02:35:17,680 --> 02:35:24,160
uh we'll invite you up. Good morning.
>> Good morning, Muriel Clark from

1540
02:35:21,840 --> 02:35:27,840
Southerntherland. After engaging in this
process for the past four months and

1541
02:35:26,080 --> 02:35:32,000
listening to countless testimonies
concerning data centers, including

1542
02:35:29,520 --> 02:35:35,520
everybody who testified here today, the
board of commissioners and the planning

1543
02:35:33,359 --> 02:35:42,000
commission are to be are to be commended
for the preliminary work that you've

1544
02:35:38,240 --> 02:35:46,000
done so far. The point has been made in
today's testimony is that both

1545
02:35:44,240 --> 02:35:51,760
regulations, the one from the planning
commission and the one that the citizens

1546
02:35:48,160 --> 02:35:55,760
prepared are drafts. The county draft
contains meaningful improvements, the

1547
02:35:53,920 --> 02:36:00,560
community draft goes considerably
farther in many areas. We understand

1548
02:35:58,640 --> 02:36:04,560
that in our zeal to protect our
communities, our resources, and our

1549
02:36:02,560 --> 02:36:09,920
environment that the community draft
contains provisions that go too far and

1550
02:36:07,040 --> 02:36:14,000
that are not defensible. The testimony
today and the community concerns that

1551
02:36:12,080 --> 02:36:19,280
have been raised these past four months
make it clear. The regulations adopted

1552
02:36:16,880 --> 02:36:24,240
by the county must contain the strongest
provisions possible. We've seen

1553
02:36:21,680 --> 02:36:29,120
disastrous effects of underregulated
data center construction in other

1554
02:36:26,000 --> 02:36:33,359
Nebraska communities and across America.
Lincoln County cannot repeat those

1555
02:36:31,200 --> 02:36:38,960
mistakes.
As you consider the amendments today,

1556
02:36:36,160 --> 02:36:44,319
and I urge you to go section by section
to make sure that they provide the

1557
02:36:41,359 --> 02:36:50,080
strongest protections possible, use one
baseline, the protection of Lincoln

1558
02:36:46,880 --> 02:36:54,399
County communities, not accommodation of
data center projects.

1559
02:36:52,319 --> 02:36:59,439
The community proposals and the
testimony that you hear today reflect

1560
02:36:57,200 --> 02:37:04,399
what our citizens value. strong
communities, strong environmental

1561
02:37:01,600 --> 02:37:08,880
protection, quality infrastructure,
unhampered emergency services, and

1562
02:37:06,880 --> 02:37:13,439
quality of life for residents near
potential sites. We feel, and I think

1563
02:37:11,840 --> 02:37:18,240
you've heard from the testimony here
today, that the draft from the planning

1564
02:37:15,680 --> 02:37:24,720
commission doesn't go far enough. And we
do understand that some of the proposals

1565
02:37:20,800 --> 02:37:29,520
from the community draft go too far.
Again, there are both drafts and we

1566
02:37:26,640 --> 02:37:35,439
understand that. So, here's what we ask.
That you adopt a strong version of A22

1567
02:37:32,880 --> 02:37:40,000
today. Go through the proposed
regulations section by section and

1568
02:37:37,840 --> 02:37:44,399
review each one of them through the lens
of protecting our communities. Then

1569
02:37:42,720 --> 02:37:49,280
treat the version that comes out of
today's action as a working document.

1570
02:37:46,960 --> 02:37:54,080
Send what you adopt back to the planning
commission for more revision. You can do

1571
02:37:51,920 --> 02:37:58,560
both things at once. Adopt strong
standards today and commit to

1572
02:37:56,080 --> 02:38:04,880
strengthening them as more information
becomes available. As Mayor Keller said

1573
02:38:01,359 --> 02:38:10,080
earlier, rules are important and what
you do here today will establish those

1574
02:38:06,960 --> 02:38:15,120
baseline rules that we can build upon to
make sure that any project protects the

1575
02:38:12,640 --> 02:38:19,600
communities around them. Thank you.
>> Thank you very much, Miel.

1576
02:38:18,080 --> 02:38:24,240
Now we've come to the end of this list
and we have someone that is jumping for

1577
02:38:22,080 --> 02:38:26,560
joy to come.
>> Good morning.

1578
02:38:25,120 --> 02:38:31,200
» Good morning. Elizabeth Tagmire,
resident of North Plat.

1579
02:38:28,240 --> 02:38:34,160
» I'm going to sign you in.
>> You're not on this list. So sign that

1580
02:38:32,640 --> 02:38:38,000
one if you would.
>> These folks already signed in. So I have

1581
02:38:35,920 --> 02:38:40,399
this for the for the clerk.
>> Thank you.

1582
02:38:39,359 --> 02:38:46,640
» Just counting [clears throat] on my
minutes. No, [laughter]

1583
02:38:44,479 --> 02:38:52,120
» I'm walking over my minutes, not your
minutes.

1584
02:38:48,160 --> 02:38:52,120
» You begin when you're ready.

1585
02:38:54,160 --> 02:38:59,680
» Okay. Well, commissioners, first of all,
thank you. This has been a very

1586
02:38:57,040 --> 02:39:05,920
enlightening process. Have been um
joining you most weeks listening um in

1587
02:39:02,319 --> 02:39:11,120
on things. One thing I well I wasn't
prepared to speak so you're not getting

1588
02:39:07,520 --> 02:39:15,920
a written uh statement here but as I was
looking at the draft version that that

1589
02:39:14,080 --> 02:39:22,399
was prepared by the planning commission
for the commissioners um I came across a

1590
02:39:20,319 --> 02:39:26,640
word may
and as someone who deals pretty

1591
02:39:24,160 --> 02:39:32,800
regularly herself with state statute and
policy um I have an opinion about the

1592
02:39:29,439 --> 02:39:38,399
word may and that also of Shell because
Those those are they're big things. May

1593
02:39:36,160 --> 02:39:45,200
means you may or may not do it and shell
means you will do it. Um so just want to

1594
02:39:42,080 --> 02:39:49,520
point out that tomorrow night the North
City Council, which I know you're not

1595
02:39:47,359 --> 02:39:54,560
controlling that body, but they are
going to discuss rate increases to

1596
02:39:51,920 --> 02:39:59,359
electricity and water.
Likewise, uh the North Public School

1597
02:39:56,800 --> 02:40:04,880
Board has just now um indicated that
they will be going to the pink postcard

1598
02:40:01,840 --> 02:40:09,760
uh meeting here later in September. And
so I'm pointing these things out to

1599
02:40:06,880 --> 02:40:16,560
indicate that um residents of this
county are facing rising costs all the

1600
02:40:12,319 --> 02:40:21,280
time. And the language that concerns me
and the reason it concerns me is the

1601
02:40:18,560 --> 02:40:26,720
generation of electricity. Um I have
noticed our our light and water bill

1602
02:40:23,840 --> 02:40:34,080
continues to go up every summer higher
than it was the previous summer. And um

1603
02:40:31,680 --> 02:40:40,479
and one thing that concerns me is
section um 8.2208 behind meter

1604
02:40:37,520 --> 02:40:45,760
electrical generation requirements. It
says that each behind me meter data

1605
02:40:43,120 --> 02:40:51,200
center may be required to provide
dedicated electrical generation and

1606
02:40:48,319 --> 02:40:57,359
energy storage or a combination thereof
sufficient to offset 100% of the

1607
02:40:54,479 --> 02:41:02,720
facility's projected electrical demand.
There's that word may. They may or they

1608
02:41:00,080 --> 02:41:08,319
may not. And I really think that that
needs to turn into a shell because we

1609
02:41:05,439 --> 02:41:15,040
have seen in other communities that
supply and demand affect the cost of

1610
02:41:11,040 --> 02:41:19,600
electricity and it hurts residential
consumers of electricity. And so when

1611
02:41:17,200 --> 02:41:25,040
there's a higher demand that these data
centers are going to put on the grid and

1612
02:41:22,080 --> 02:41:29,359
according to Mayor Kellahar um he came
and spoke at the Lincoln County

1613
02:41:26,560 --> 02:41:32,960
Republican meeting in July and said that
you know yeah they start out behind the

1614
02:41:30,960 --> 02:41:38,080
grid and then you know within six to
seven years they're going to want access

1615
02:41:34,720 --> 02:41:44,240
to the grid. And so when they gain
access to our electrical power grid,

1616
02:41:40,960 --> 02:41:49,120
it's going to affect our rates because
when there's a higher demand on

1617
02:41:46,000 --> 02:41:55,439
electricity, then the prices go up. So I
would ask that you would change one word

1618
02:41:52,080 --> 02:41:59,120
from May to Shell to protect the
residents of not just North Plat but

1619
02:41:57,520 --> 02:42:04,960
Lincoln County from higher rate
increases that may come um if a data

1620
02:42:02,240 --> 02:42:09,280
center would be built in their area.
Thank you. Thank you. Appreciate that,

1621
02:42:07,760 --> 02:42:13,359
Elizabeth.
U

1622
02:42:10,800 --> 02:42:16,640
once again, anyone else folks that
didn't [clears throat] get a chance,

1623
02:42:15,280 --> 02:42:22,560
didn't make our list, that doesn't
matter. This was just a convenience to

1624
02:42:19,200 --> 02:42:26,560
expedite time and thank you all for
helping us with that. Oh, we have one,

1625
02:42:24,720 --> 02:42:30,479
Judy.
Good morning.

1626
02:42:28,319 --> 02:42:34,640
» I'm Judy Peterson. I live uh just south
of North Plat. I do serve on the

1627
02:42:32,640 --> 02:42:38,720
planning commission, but I am not here
as a representative for the whole

1628
02:42:36,640 --> 02:42:42,560
commission. One thing I will say is each
time that we have a meeting and each

1629
02:42:40,160 --> 02:42:47,120
time there's a project brought in in
front of us, um there is extensive

1630
02:42:45,359 --> 02:42:52,160
amount of reporting that has to be done
before anything is approved. Um but we

1631
02:42:50,000 --> 02:42:57,280
also have to take into consideration how
anything that we put into a conditional

1632
02:42:54,319 --> 02:43:03,040
use permit for that type of industry,
how that affects another industry. um

1633
02:43:00,240 --> 02:43:08,240
such as fuel storage storage or fuel
spillage or anything like that when you

1634
02:43:05,280 --> 02:43:12,319
think about us being in an egg area. And
so I just wanted to say I really

1635
02:43:10,720 --> 02:43:19,680
appreciate all the work that they went
to and it's been extremely valuable. Um

1636
02:43:16,160 --> 02:43:26,720
but I also want to have them think about
how we have to think about how any

1637
02:43:22,800 --> 02:43:32,080
regulation we put onto one business
may affect another one. and so how that

1638
02:43:29,680 --> 02:43:39,520
all can work together and so we can try
to raise all votes instead of um or you

1639
02:43:36,080 --> 02:43:45,120
know uh control um the county but we do
have to think about all of those other

1640
02:43:41,439 --> 02:43:49,040
kinds of um businesses that might be
impacted by a regulation that we put in

1641
02:43:47,439 --> 02:43:52,520
place. So thank you very much.
>> Thank you for that.

1642
02:44:00,960 --> 02:44:05,279
David Fle, Southern, Nebraska.
>> David, you double you're double dipping

1643
02:44:04,720 --> 02:44:09,200
on me, but
>> I know I apologize for that.

1644
02:44:08,693 --> 02:44:12,960
[clears throat]
>> Go ahead.

1645
02:44:09,760 --> 02:44:17,680
» Doing my reading reading reports from
universities and institutes.

1646
02:44:15,680 --> 02:44:22,479
One of the things that jumped out at me
and I don't know the difference. I don't

1647
02:44:19,920 --> 02:44:27,439
and maybe maybe Judy she wants to talk
can explain them. it's in your

1648
02:44:23,920 --> 02:44:32,720
wheelhouse. Conditional use permits as
opposed to a dedicated land use permit.

1649
02:44:30,399 --> 02:44:37,279
Because one of the things I read this
morning, just this morning earlier, one

1650
02:44:34,880 --> 02:44:43,520
of them recommended that you possibly
make it a dedicated land use permit that

1651
02:44:40,399 --> 02:44:49,120
will stop. I don't know why it said
that, but it it said it might discourage

1652
02:44:46,240 --> 02:44:54,479
building on farmland helter skelter and
it might,

1653
02:44:51,279 --> 02:44:58,880
you know, kind of limit it and focus it
more. So maybe you can address that

1654
02:44:57,439 --> 02:45:03,920
because I don't know the difference and
maybe you guys do, but

1655
02:45:01,439 --> 02:45:09,040
» maybe make this a dedicated land permit
instead of conditional language.

1656
02:45:05,840 --> 02:45:15,120
» Okay. Thank you for that point. Uh
before we get Judy back up again, uh the

1657
02:45:12,880 --> 02:45:19,920
public comment period, I want to kind of
get it finalized here. Did we miss

1658
02:45:17,600 --> 02:45:25,840
anybody, folks?
No,

1659
02:45:21,439 --> 02:45:30,640
I don't see any hands. Okay.
At 11:35, we're going to close the

1660
02:45:28,319 --> 02:45:35,840
public hearing portion
of this uh procedure [clears throat]

1661
02:45:33,920 --> 02:45:41,840
and we're going to go to deliberation
and and Q&A for Judy and Tyler or

1662
02:45:39,600 --> 02:45:47,520
anybody else that we need to talk to or
quiz. Uh Judy, since that David brought

1663
02:45:45,920 --> 02:45:52,319
that up, do you want to begin by
addressing that particular question?

1664
02:45:50,240 --> 02:45:56,880
» Okay. I I did not see the article that
he read or whatever he read, but the

1665
02:45:54,560 --> 02:46:01,520
difference between a permitted or a
dedicated land use versus a conditional

1666
02:45:59,359 --> 02:46:05,200
use is you guys never see the
application. If you want to go a

1667
02:46:03,680 --> 02:46:08,160
dedicated land use, I'm going to tell
you right now, I'll probably have to

1668
02:46:06,479 --> 02:46:12,960
quit my job because I don't want the
responsibility of getting a data center

1669
02:46:10,160 --> 02:46:17,760
in my lap and saying yes or no. I don't
want that. That's that's why you guys

1670
02:46:14,479 --> 02:46:23,120
get paid paid big bucks. But that is the
difference. Um, what you would do with a

1671
02:46:20,080 --> 02:46:30,960
permitted use is
you're going to have areas of the county

1672
02:46:27,520 --> 02:46:34,640
that you would maybe zone industrial.
So, you'd have to go in, look at the

1673
02:46:32,399 --> 02:46:40,080
county, and say, "Okay, all these areas
would be perfect for data centers." And

1674
02:46:38,319 --> 02:46:44,240
you would say, "Okay, you can be here as
long as you're zoned industrial." If

1675
02:46:42,160 --> 02:46:48,240
they're zoned industrial,
that comes to me. I sign off on the

1676
02:46:46,960 --> 02:46:50,000
little baby and they build their
structure.

1677
02:46:48,800 --> 02:46:54,800
» We have no recourse.
>> You have no recourse other than me

1678
02:46:52,399 --> 02:46:58,080
saying yes or no. And again, I do not
want that responsibility. I'm going to

1679
02:46:56,399 --> 02:47:01,619
tell you right now, I will probably walk
out

1680
02:47:00,319 --> 02:47:06,160
» because I do not want that. As
[clears throat] part of this long

1681
02:47:02,880 --> 02:47:11,920
process, we did have some areas
>> that were zoned permitted, but you came

1682
02:47:09,520 --> 02:47:15,680
and recommended that we change them
because

1683
02:47:13,040 --> 02:47:18,399
» you realized that and brought it to us.
>> Correct.

1684
02:47:16,560 --> 02:47:23,279
» So, that was what we did several weeks
ago when I originally brought the

1685
02:47:20,560 --> 02:47:28,000
amendment to the land use matrix to you
and we changed those from permitted to

1686
02:47:25,840 --> 02:47:31,520
conditional. Now what the conditional
does and you guys know this and the

1687
02:47:29,680 --> 02:47:35,920
public may not know this but what the
conditional does is they bring the

1688
02:47:33,439 --> 02:47:42,640
application to me with all the required
documents plus I can request any

1689
02:47:40,080 --> 02:47:46,319
additional document that I feel is
needed for planning commission and the

1690
02:47:44,640 --> 02:47:52,640
board of commissioners to make a
reasonable decision. So, not only

1691
02:47:49,439 --> 02:47:58,000
everything that's in this regulation
when you pass it, everything that's in

1692
02:47:54,960 --> 02:48:02,560
the U comp plan, everything in any of
the other zoning regulations, they bring

1693
02:48:00,720 --> 02:48:05,840
me an application, I can say, "Okay, you
need to bring me this also because I

1694
02:48:04,240 --> 02:48:10,399
don't think you have enough information
to allow the planning commission and the

1695
02:48:08,800 --> 02:48:16,000
board of commissioners to make a good
decision." So, and that is one of the

1696
02:48:13,439 --> 02:48:21,040
things with Okay, I've always said I
hate LB663. Okay, I'm going to kind of

1697
02:48:18,720 --> 02:48:26,000
maybe give it a little bit of a win. Um,
that pre-application meeting is very,

1698
02:48:22,880 --> 02:48:30,319
very important. I do that now just as a
personal thing with a lot of the

1699
02:48:27,520 --> 02:48:35,040
conditional uses, I will sit down, look
at it, but it's usually kind of a Judy

1700
02:48:32,720 --> 02:48:38,720
meeting. Sometimes I might call Jason or
one of the others in, but where there's

1701
02:48:36,800 --> 02:48:43,200
a requirement for that pre-application
meeting, now I can say, "Look,

1702
02:48:40,960 --> 02:48:46,319
everybody, this person, this person,
this person, and this person's coming to

1703
02:48:44,720 --> 02:48:50,960
this pre-application meeting, and we're
going to sit down and review this before

1704
02:48:49,120 --> 02:48:54,880
it ever comes in front of you." So, we
have a really good idea of what that

1705
02:48:53,120 --> 02:48:59,520
conditional use is. And that can be with
anything. Data centers can find animal

1706
02:48:57,040 --> 02:49:05,840
feeding operations, twin towers, solar,
anything that's a conditional use. And

1707
02:49:02,479 --> 02:49:11,600
so that's kind of a good thing because
now I have resources to help make a

1708
02:49:08,880 --> 02:49:15,120
educated choice on what's coming in
front of you.

1709
02:49:12,880 --> 02:49:18,560
» On top of that, we can place additional
conditions on top of what is in the

1710
02:49:17,680 --> 02:49:24,160
regulation.
>> Yes, with a land use permitted land use

1711
02:49:21,680 --> 02:49:29,520
permitted only, they come in, if they
meet the guidelines, I sign off, it's

1712
02:49:26,160 --> 02:49:33,840
gone. conditional. They come in, maybe
they meet the guidelines, it comes to

1713
02:49:31,920 --> 02:49:37,680
you guys or goes to planning commission
first. They say, "Okay, yeah, you meet

1714
02:49:35,680 --> 02:49:42,800
the guidelines, but we want this also,
which may be some additional screening,

1715
02:49:39,760 --> 02:49:48,399
maybe some additional setbacks." Um, I
mean, hard to say. Maybe a document of

1716
02:49:45,279 --> 02:49:51,840
some sort and then or they may have a a
period on there. We've done conditional

1717
02:49:50,080 --> 02:49:55,520
use permits where you've said the
conditional use permit expires in 10

1718
02:49:53,920 --> 02:50:01,359
years.
Um, you can do that. And the thing that

1719
02:49:58,800 --> 02:50:04,720
you have to go with again, and I know
the individuals in the audience think

1720
02:50:02,880 --> 02:50:10,000
our regulations are vague. Well, work
with state statute because state statute

1721
02:50:07,520 --> 02:50:15,200
says planning commission and the board
of commissioners can put on any

1722
02:50:12,399 --> 02:50:19,279
reasonable condition.
Go find in state statute the definition

1723
02:50:17,120 --> 02:50:23,600
of reasonable. There isn't one. Does not
exist. So, what is reasonable? That's

1724
02:50:22,160 --> 02:50:27,200
for you guys to make a choice when you
do the additional uses.

1725
02:50:25,680 --> 02:50:30,080
Tyler, get anything to add?
>> No, you're doing great. Judy, [laughter]

1726
02:50:29,760 --> 02:50:35,840
Judy,
>> back to to David's question. We did

1727
02:50:33,200 --> 02:50:40,640
close a loophole on industrial zoned
property for not being able to just come

1728
02:50:39,120 --> 02:50:43,279
in and get it.
>> Correct. No matter if

1729
02:50:42,080 --> 02:50:45,600
» So, we did close that loophole.
>> We did close that

1730
02:50:44,160 --> 02:50:49,680
» just recently.
>> Yeah. Right now, today, if we got an

1731
02:50:47,760 --> 02:50:51,439
application, it's conditional use.
>> Yeah.

1732
02:50:50,080 --> 02:50:56,640
» So, that would have to come in front of
you.

1733
02:50:53,359 --> 02:51:01,520
» Uh Mr. Fleece, great question though.
I'm really glad that you brought that

1734
02:50:58,800 --> 02:51:08,160
up. Another important thing to to
consider with that is if it's permitted,

1735
02:51:04,560 --> 02:51:15,040
it does just go to Judy and she has all
of the decision making. When we changed

1736
02:51:11,200 --> 02:51:19,279
it, it it goes to Judy, the planning
commission. They have a public hearing

1737
02:51:16,960 --> 02:51:23,520
where you guys can all show up and
participate. And then when it comes to

1738
02:51:21,200 --> 02:51:29,120
us, another public hearing. [snorts]
Those are two really important steps

1739
02:51:25,920 --> 02:51:33,800
that I feel protect our community
probably better than anything else.

1740
02:51:34,479 --> 02:51:38,160
» Can I keep going?
>> Sure.

1741
02:51:36,560 --> 02:51:43,279
» I'm going to make you guys miss lunch,
just so you know. Okay. So, um I don't

1742
02:51:41,439 --> 02:51:49,680
want anybody to think that I do not like
the regulations that the um community

1743
02:51:46,479 --> 02:51:54,880
put forward that 42 day page document. I
think it's great. I think they have a

1744
02:51:51,600 --> 02:52:02,240
lot of information in there. I do not
feel that it needs to be or should be

1745
02:51:59,200 --> 02:52:07,120
part of the actual zoning regulation
because what that does, and I've said

1746
02:52:04,399 --> 02:52:13,920
this a hundred times, the more strict
you make a regulation, the less

1747
02:52:09,439 --> 02:52:18,800
opportunity you have to make a choice.
So, some of the things that are in there

1748
02:52:16,080 --> 02:52:27,359
are very, very, very helpful. Um some of
the things that they hit on was um water

1749
02:52:21,520 --> 02:52:33,520
oversight. Who does that? NRD, NDWE,
um EPA for any type of contamination. If

1750
02:52:31,359 --> 02:52:36,240
we put that in our regulations, then
number one, we're overstepping and I

1751
02:52:35,040 --> 02:52:41,040
don't know if we have a right to do that
to begin with. Tyler would have to

1752
02:52:37,680 --> 02:52:45,760
answer that. And number two, do we have
environmentalists on staff or the

1753
02:52:44,000 --> 02:52:49,680
ability for us to hire one that can go
do that or look at it or know what

1754
02:52:47,359 --> 02:52:54,479
they're talking about? I do planning. I
don't do water usage,

1755
02:52:51,840 --> 02:53:00,160
but we require all those studies in the
regulations that we're proposing. We we

1756
02:52:57,120 --> 02:53:06,640
require an environmental study, uh
energy study, use usage study, a water

1757
02:53:03,279 --> 02:53:11,680
study. um we require engineering study,
we require an environmental impact

1758
02:53:09,120 --> 02:53:16,240
analysis, all of that stuff is going to
be in there. So that 43page document,

1759
02:53:14,160 --> 02:53:21,520
that's going to be a huge useful tool
for me when for you when you get that

1760
02:53:19,439 --> 02:53:25,359
packet and it says, "Oh, did we hit all
these environmental things? Oh yeah,

1761
02:53:23,359 --> 02:53:29,279
that'll be awesome." Or, "Wait a minute,
we forgot something or they forgot

1762
02:53:27,359 --> 02:53:32,720
something." Because we will be reviewing
all of those. One of the other things

1763
02:53:31,120 --> 02:53:36,880
that they talked about is public
availability.

1764
02:53:34,479 --> 02:53:39,840
Um, I've worked for city and county
government for 28 years. I've had

1765
02:53:38,560 --> 02:53:43,760
attorneys tell me all the time,
"Whatever hits my desk is public

1766
02:53:42,000 --> 02:53:48,560
record."
So, when they submit an environmental

1767
02:53:45,840 --> 02:53:52,479
study, you can see it. When they submit
a whatever study it is, you can see it.

1768
02:53:51,120 --> 02:53:56,720
You can request a copy. Now, there may
be a fee associated with that. I don't

1769
02:53:54,720 --> 02:54:02,080
know. But, uh, they want to come in and
look at it in my office, it's there. So

1770
02:54:00,319 --> 02:54:07,279
I write little notes you can you can
read those if you want to too because it

1771
02:54:04,240 --> 02:54:12,479
is public knowledge public record. Um
the other thing they talked about is um

1772
02:54:10,240 --> 02:54:15,520
energy requirement. So one of the things
when it talks about the energy

1773
02:54:13,840 --> 02:54:20,080
requirement on the back of the meter
behind the meter and someone had said

1774
02:54:18,000 --> 02:54:24,880
something about well how do we how do we
know you know if our costs [snorts] are

1775
02:54:22,160 --> 02:54:28,640
going to go up? I pay for electric too.
I don't want my cost to go up at all.

1776
02:54:26,800 --> 02:54:33,920
And that's why you have that energy
study to begin with. And before any

1777
02:54:31,200 --> 02:54:38,960
project like this starts, they have to
go through either NPPD or Dawson or

1778
02:54:37,279 --> 02:54:42,000
whichever power company it is, maybe
it's Makook Public Power, wherever it

1779
02:54:40,640 --> 02:54:45,760
is, because we're covered by a number of
them, and they have to have one of those

1780
02:54:43,760 --> 02:54:49,200
studies done that's going to tell us
where that consumption is. If it comes

1781
02:54:47,520 --> 02:54:52,319
to you and it looks like they're not
going to have the ability to do it and

1782
02:54:50,720 --> 02:54:56,800
our rates are going to go up, that's
where you guys get to make that

1783
02:54:53,520 --> 02:55:01,920
decision. Um, so to put that in the
regulation, it's going to be in the

1784
02:54:58,160 --> 02:55:07,359
study. And you don't know because each
project is going to be different.

1785
02:55:04,720 --> 02:55:11,279
You might have one that's going to use
very little, I mean, probably unlikely,

1786
02:55:09,359 --> 02:55:15,359
but very little energy, and you're going
to have one that's going to use mega

1787
02:55:12,720 --> 02:55:19,279
mega energy. And so to put it in a
regulation,

1788
02:55:17,760 --> 02:55:24,479
it's going to come back in that study
when you know what a project is because

1789
02:55:22,000 --> 02:55:31,040
we have no idea. We have no idea. And
these regulations are built for any type

1790
02:55:28,240 --> 02:55:33,840
of a data center project. We have no
idea what that's going to be. Wish we

1791
02:55:32,479 --> 02:55:38,960
all had a crystal ball so we could
figure that out because I would like to

1792
02:55:35,359 --> 02:55:44,880
know too. Um they talk about
battery storage, fuel storage. So if you

1793
02:55:42,000 --> 02:55:49,120
look at our regular um our regulations
right now, we do have battery storage

1794
02:55:47,439 --> 02:55:51,920
regulations.
However, I will say we probably ought to

1795
02:55:50,640 --> 02:55:56,960
look at those again, but they are in
there. Page 175. Um, we do have above

1796
02:55:55,359 --> 02:56:02,080
ground storage tanks which is for
hazardous materials. That's on page 160.

1797
02:55:59,760 --> 02:56:05,760
So, we have those regulations in place
and again we have the performance

1798
02:56:03,520 --> 02:56:11,359
standards of industrial conditional
uses. Um, the facts that you added back

1799
02:56:08,880 --> 02:56:16,720
in um those are on there also that help
protect you. Um,

1800
02:56:15,120 --> 02:56:19,920
acreage.
This is a big one that was that we

1801
02:56:18,399 --> 02:56:23,840
talked about a lot at planning
commission in our committee, our

1802
02:56:21,439 --> 02:56:28,560
subcommittee. We started out saying we
wanted them to have 500 acres and then

1803
02:56:26,800 --> 02:56:33,120
we got down to, well, maybe they should
only have 120 acres. Well, then one of

1804
02:56:31,359 --> 02:56:38,720
the things that's in our comprehensive
plan,

1805
02:56:35,279 --> 02:56:45,040
environmental protection section,
how do you be an a county and protect a

1806
02:56:43,040 --> 02:56:49,920
community when you're requiring that
they take 500 acres out of egg

1807
02:56:47,760 --> 02:56:54,800
production?
If they can meet all these regulations

1808
02:56:52,479 --> 02:56:58,800
on the least amount of land, if they can
meet the noise standards, if they can

1809
02:56:56,640 --> 02:57:02,720
meet, you know, your water usage, all
these noise standards on the smallest

1810
02:57:00,399 --> 02:57:07,160
amount of land, that's taking taking the
smallest amount of egg production out.

1811
02:57:07,680 --> 02:57:14,640
So that's how we ended up at the
conclusion where we were at. Um,

1812
02:57:12,080 --> 02:57:20,240
setbacks that was also a huge huge huge
discussion.

1813
02:57:17,359 --> 02:57:25,439
You can't base setbacks again simply
because you don't like a project.

1814
02:57:23,359 --> 02:57:31,120
Setbacks have to be based for some
factual reason. What do we know 100% for

1815
02:57:28,880 --> 02:57:35,600
sure that's going to require a 500 foot
setback?

1816
02:57:32,720 --> 02:57:39,840
Noise. Do we know that? I don't think we
know know that know that until we get

1817
02:57:37,760 --> 02:57:43,600
the noise study.
And that's why when this was written

1818
02:57:41,359 --> 02:57:48,720
too, it was written with a lot of maze
instead of shells

1819
02:57:46,000 --> 02:57:53,840
because what if you have something small
come in,

1820
02:57:50,399 --> 02:57:58,479
they can mitigate their noise with a
fence and when you have a large one,

1821
02:57:55,920 --> 02:58:02,640
they're going to need BMS and trees and,
you know, whatever. It's so hard to

1822
02:58:00,800 --> 02:58:06,680
predict until you get that environmental
impact analysis back.

1823
02:58:07,439 --> 02:58:11,040
Okay, I'm done.

1824
02:58:11,680 --> 02:58:18,160
I don't know what else to say, but
anyway, no, I think I think what the

1825
02:58:15,680 --> 02:58:23,680
community did with that 42page thing, I
think it is great. I think we can use

1826
02:58:20,319 --> 02:58:27,520
that as a policy manual, as a review. I
don't know what you would call it, a

1827
02:58:25,600 --> 02:58:32,000
standard operating procedure when
reviewing these. I think it would be a

1828
02:58:29,200 --> 02:58:37,600
very, very useful tool. But as far as
being in the actual regulations, we took

1829
02:58:35,040 --> 02:58:40,800
out what we thought we could. And again,
if you guys want to adopt what you've

1830
02:58:39,120 --> 02:58:45,520
got in front of you and go back and have
planning commission look at it, that's

1831
02:58:43,040 --> 02:58:49,279
my opinion. They could come up with
something entirely different.

1832
02:58:47,279 --> 02:58:53,200
» I I like that a lot. I like I'd like to
send it back out of deference and

1833
02:58:50,880 --> 02:59:00,319
respect to them. They spent a lot of
time on this and uh we adopt a more

1834
02:58:56,800 --> 02:59:04,800
robust guideline today,
but we don't kick the door shut. We send

1835
02:59:02,960 --> 02:59:10,640
it back down to our colleagues planning
and zoning. That's my take on

1836
02:59:09,040 --> 02:59:14,800
» Do you have any questions? Any more
questions?

1837
02:59:13,120 --> 02:59:17,760
» Tyler, you were supposed to jump in with
me. What do you do?

1838
02:59:16,080 --> 02:59:22,479
» Didn't let me get worried.
>> Judy, you did a really good job in

1839
02:59:19,600 --> 02:59:26,960
addressing because I had notes and you
pretty much checked them all out.

1840
02:59:24,720 --> 02:59:29,520
» Great explanation. I will address one
one key thing because I did go back

1841
02:59:28,399 --> 02:59:35,200
after the planning commission meeting
and I did look um the draft the planning

1842
02:59:32,560 --> 02:59:40,080
commission draft had 14 instances where
it said the word may had 72 instances

1843
02:59:37,680 --> 02:59:45,160
where it used the word shall
I think 5 to1's pretty good when we're

1844
02:59:41,920 --> 02:59:45,160
trying to maintain

1845
02:59:46,399 --> 02:59:55,359
» uh before we uh close the hearing and
move on to resolution consideration uh

1846
02:59:53,120 --> 02:59:58,359
does anybody else have anything
colleagues.

1847
03:00:00,319 --> 03:00:06,960
No one. Okay. It's 11:49. We're going to
close the public hearing portion. Now,

1848
03:00:05,600 --> 03:00:11,359
we're going to discuss and consider
adoption of resolution number 2026

1849
03:00:09,760 --> 03:00:15,520
29-29,
an amendment to the Lincoln County

1850
03:00:12,800 --> 03:00:20,439
Zoning Regulations Section 8.22 data
centers regarding data center

1851
03:00:17,439 --> 03:00:20,439
regulations.

1852
03:00:24,000 --> 03:00:31,840
I'm just clarifying this does include
the portion that is in red for the

1853
03:00:29,120 --> 03:00:33,439
community benefits agreement definition
changes.

1854
03:00:32,720 --> 03:00:36,160
» Is that correct?
>> I hope it does. Yeah. Does that need to

1855
03:00:35,680 --> 03:00:41,120
be changed?
>> It's in red on the draft that we got to

1856
03:00:39,040 --> 03:00:45,000
make it. [clears throat]
>> It's not a side note.

1857
03:00:45,840 --> 03:00:52,399
» Oh, I'm sorry. Sorry, Nancy. I
>> um

1858
03:00:52,479 --> 03:00:59,920
Well, me too. My wife says I don't
listen to her. Uh the question was

1859
03:00:58,160 --> 03:01:04,560
and
my my gohead I wanted clarification that

1860
03:01:02,479 --> 03:01:10,399
the community benefits agreement
definition the draft that we have that

1861
03:01:07,840 --> 03:01:15,359
uh was updated during the
>> planning commission public hearing.

1862
03:01:13,439 --> 03:01:18,640
um that that those changes are in red
and I just wanted to make sure that what

1863
03:01:16,800 --> 03:01:22,960
we are considering that that is actually
part of what we are considering those

1864
03:01:20,640 --> 03:01:29,840
those necessary changes. So that's all I
was seeking clarification on Nancy.

1865
03:01:26,479 --> 03:01:35,520
» So to that to that point clerk do you
have the conf confident you had the

1866
03:01:32,880 --> 03:01:38,680
right document to be considered? I have
the resolution

1867
03:01:38,880 --> 03:01:45,439
» just like the other two resolutions you
passed. The the resolution is an

1868
03:01:43,120 --> 03:01:49,279
enacting document. The actual draft is
going to get more or less staple to the

1869
03:01:46,640 --> 03:01:54,800
back of it as an exhibit. So you'd be
passing the if you're doing what I think

1870
03:01:51,680 --> 03:02:01,439
you're doing passing the draft uh
version 8.22 that is has the suggested

1871
03:01:58,080 --> 03:02:06,040
that it's from Judy and myself in it.
That's what we get stapled to the back

1872
03:02:02,720 --> 03:02:06,040
of the resolution.

1873
03:02:06,960 --> 03:02:10,479
with the additional changes noted.
>> Yes.

1874
03:02:09,840 --> 03:02:15,520
» Yes.
>> Chair, I have a question to ask probably

1875
03:02:12,880 --> 03:02:19,840
of our council.
This is uh in regards to water.

1876
03:02:18,240 --> 03:02:24,880
» Okay.
If

1877
03:02:21,359 --> 03:02:29,920
a project comes into county
and if they

1878
03:02:27,200 --> 03:02:32,920
decommission wells to supplying the
water,

1879
03:02:33,840 --> 03:02:42,800
does that egg ground get taxed
as dry land or irrigated ground? Is that

1880
03:02:41,120 --> 03:02:47,200
something that's in the regulations or
is that in the community benefits

1881
03:02:45,040 --> 03:02:52,479
agreement? I believe that's going to be
in the tax laws. Uh that's a better

1882
03:02:49,920 --> 03:02:56,080
question for Julie who happens to be in
the audience, but I won't put her on the

1883
03:02:53,760 --> 03:02:59,920
spot. Uh because I don't know it's
incredibly germanine to what we're doing

1884
03:02:57,920 --> 03:03:03,760
today. I think that's probably outsider.
>> I wanted to see if that was something

1885
03:03:01,439 --> 03:03:06,880
that was needed to be in the regs or
not.

1886
03:03:04,240 --> 03:03:10,880
» I don't think I would go in regulations.
>> I think it's already covered.

1887
03:03:08,399 --> 03:03:13,880
» That answers my question.
Okay.

1888
03:03:19,279 --> 03:03:25,600
Um,
we had some written documentation, Mr.

1889
03:03:24,080 --> 03:03:32,399
Chairman. I'd like to have that entered
into uh the record as evidence

1890
03:03:29,840 --> 03:03:36,640
uh to include. I know that uh Mr.
>> I think we Yeah, you can identify. I

1891
03:03:34,399 --> 03:03:38,960
think we did submit that to the clerk,
did we not?

1892
03:03:37,200 --> 03:03:41,520
» Yes, I gave it to you.
>> Yes, she had it.

1893
03:03:40,000 --> 03:03:45,439
» Yeah, but we got something this morning
from uh Mr. George lobby and I know he

1894
03:03:43,520 --> 03:03:48,880
made comments during public comment
period not during the public hearing but

1895
03:03:47,359 --> 03:03:53,439
I want to make sure that his comments
were entered in as part of the

1896
03:03:51,600 --> 03:03:57,920
» three.
Okay.

1897
03:03:55,840 --> 03:04:03,040
» All right. So the proposal would be to
adopt the resolution

1898
03:04:00,640 --> 03:04:10,720
as uh
crafted between Judy Clark and Vulmer.

1899
03:04:08,479 --> 03:04:15,120
Correct Judy
with the

1900
03:04:12,240 --> 03:04:17,200
highlighted portions
included.

1901
03:04:16,319 --> 03:04:22,422
» Correct.
>> Okay.

1902
03:04:19,040 --> 03:04:26,640
What's your wishes, colleagues?
[clears throat]

1903
03:04:24,080 --> 03:04:32,240
Mr. Chairman, I'd make a motion that we
adopt resolution 2026-29

1904
03:04:30,240 --> 03:04:38,319
to approve the amendment to the Lincoln
County Zoning Regulations Section 822

1905
03:04:36,080 --> 03:04:42,880
uh data centers.
Uh this would include the additional

1906
03:04:40,560 --> 03:04:47,920
changes that we have we had mentioned
earlier highlighted. They're in red on

1907
03:04:44,800 --> 03:04:52,880
our documents and included as part of
the exhibit that the clerk has for our

1908
03:04:50,479 --> 03:04:57,200
vote on the resolution. That's my
motion.

1909
03:04:55,439 --> 03:05:01,640
» I will second
>> a motion and a second. Um,

1910
03:05:02,160 --> 03:05:10,800
I guess not necessarily
directly from

1911
03:05:06,479 --> 03:05:15,680
» impacting the uh the uh motion, but I
would I guess I would request that we

1912
03:05:13,600 --> 03:05:19,040
identify that we have any intention to
send this back to planning and zoning.

1913
03:05:17,520 --> 03:05:21,520
» That would be my friendly amendment that
we include.

1914
03:05:20,160 --> 03:05:24,640
» I'll accept that. I didn't know if we
wanted to do that as part of the motion,

1915
03:05:22,800 --> 03:05:30,640
but I certainly would accept that as
part of the amendment. Okay. Thank you.

1916
03:05:28,240 --> 03:05:35,520
uh so that we can continue to work on
and refine it which we should which we

1917
03:05:33,920 --> 03:05:43,279
should
everyone in agreement the amendment

1918
03:05:39,279 --> 03:05:45,600
» chair we would have uh
regulations in place

1919
03:05:45,200 --> 03:05:49,840
» yes
>> in that process

1920
03:05:46,960 --> 03:05:56,160
» yes immediately correct Tyler
>> yes [clears throat]

1921
03:05:52,319 --> 03:06:00,880
» so we're we're we're immediately
strengthening our regs and still leaving

1922
03:05:59,120 --> 03:06:06,960
the opportunity for planning and zoning
and Judy Clark to review.

1923
03:06:04,399 --> 03:06:13,279
All right, and thank you all today for
your uh attention to this and appreciate

1924
03:06:10,160 --> 03:06:17,680
your input. Sincerely,
roll call, please.

1925
03:06:15,439 --> 03:06:19,040
» Iruff.
Hi,

1926
03:06:18,160 --> 03:06:22,520
» Bruns. Hi,
>> Williams. Hi.

1927
03:06:24,160 --> 03:06:33,160
» Okay. Um
resolution.

1928
03:06:28,880 --> 03:06:33,160
We have to sign a resolution here.

1929
03:06:35,680 --> 03:06:42,520
Do we need a close session?
No. Good.

1930
03:06:49,600 --> 03:06:52,600
Okay.

1931
03:07:02,000 --> 03:07:05,000
G.

1932
03:07:14,240 --> 03:07:17,240
» Okay.

1933
03:07:19,439 --> 03:07:25,319
» Okay.
>> Thank you. She

1934
03:07:30,560 --> 03:07:36,319
» next we have hear concerns from elected
officials, department heads or

1935
03:07:33,520 --> 03:07:43,040
representatives.
>> The road man's here. Any storm reports?

1936
03:07:42,000 --> 03:07:47,960
Jason,
>> do you have anything for us on anything?

1937
03:07:50,640 --> 03:07:56,760
Did we get all the claims?
>> No, we're still

1938
03:07:53,120 --> 03:07:56,760
» still signing them.

1939
03:08:09,710 --> 03:08:11,729
[clears throat]

1940
03:08:11,840 --> 03:08:19,200
» Kayla, did you
probably not there yet, but for the

1941
03:08:16,560 --> 03:08:24,439
transportation study. Thank you for
covering that.

1942
03:08:20,240 --> 03:08:24,439
» No problem. It was a good

1943
03:08:34,160 --> 03:08:37,800
» Yeah, I just wanted

1944
03:08:43,359 --> 03:08:48,040
» it performed manual reset.

1945
03:08:49,760 --> 03:08:52,319
» That's reason.

1946
03:08:54,560 --> 03:08:58,520
I would prefer not
>> to

1947
03:09:01,600 --> 03:09:04,600
understand

1948
03:09:11,600 --> 03:09:15,399
the button and see what does come.

1949
03:09:15,840 --> 03:09:26,040
» And so part of part of this is parts and
repairs.

1950
03:09:20,960 --> 03:09:26,040
It's not just manual reset troubleshoot.

1951
03:09:35,439 --> 03:09:39,080
» I think that's very

1952
03:09:45,439 --> 03:09:48,439
subm

1953
03:09:49,840 --> 03:09:55,479
seems
that really high.

1954
03:10:13,600 --> 03:10:19,319
Well,
>> I think uh

1955
03:10:19,680 --> 03:10:24,640
» I think it's
>> performed manual reset and I think it's

1956
03:10:23,040 --> 03:10:29,040
way more than that.
>> Yeah, but you know it should be a little

1957
03:10:27,200 --> 03:10:34,000
bit more than that. I mean, you know,
when that kind of a bill

1958
03:10:31,439 --> 03:10:39,200
» understood
>> and it's it's not on Booker, it's on our

1959
03:10:37,359 --> 03:10:44,319
» whether I don't care if it's AJ, I don't
care snails,

1960
03:10:41,359 --> 03:10:44,319
but

1961
03:10:52,800 --> 03:10:57,800
Sounds like my alarm, but it's not.

1962
03:11:01,321 --> 03:11:03,341
[clears throat]

1963
03:11:08,560 --> 03:11:18,640
» Uh, let's go on to committee reports.
Anybody have a committee report?

1964
03:11:14,720 --> 03:11:23,439
» I do have a committee report.
Uh

1965
03:11:21,040 --> 03:11:30,640
Lincoln County Crossroads had our
monthly meeting on Wednesday morning

1966
03:11:27,439 --> 03:11:36,692
via Zoom with the JEO
group and the um committee local

1967
03:11:34,399 --> 03:11:40,399
committee people.
[clears throat]

1968
03:11:37,279 --> 03:11:47,680
» It was a great meeting. Um we discussed
primarily the upcoming um meeting at the

1969
03:11:44,560 --> 03:11:52,960
college that we're going to have on
>> and I don't have all my notes with me

1970
03:11:50,560 --> 03:11:59,840
here [clears throat] and allergies are
wreaking havoc with my voice. Uh but it

1971
03:11:56,399 --> 03:12:06,168
is September 17th
5:00 pm out at Midplains Community

1972
03:12:02,800 --> 03:12:11,120
College South Campus. Uh,
[clears throat]

1973
03:12:07,120 --> 03:12:17,520
in our meeting, we agreed to do a
hybrid. Instead of having it be a

1974
03:12:13,840 --> 03:12:22,960
full-blown town hall or a full-blown
open house, we're going to combine those

1975
03:12:19,680 --> 03:12:29,040
two meetings. Uh, so there will be an
agenda that is very time-specific put

1976
03:12:25,680 --> 03:12:35,520
out. Uh, so people don't think it's a
come and go and get there after certain

1977
03:12:32,000 --> 03:12:39,279
things have been presented. So, be uh
looking for the press release. I believe

1978
03:12:37,359 --> 03:12:46,000
that's coming out to all the press
today. We will do a better job and

1979
03:12:43,200 --> 03:12:52,880
advertising it farther in advance this
time was one of the conversations I had

1980
03:12:48,560 --> 03:12:57,840
with JEO and so um we I feel like we've
really come to a good spot. They will

1981
03:12:55,439 --> 03:13:02,960
have a lot of information that the
committee hasn't even seen yet by the

1982
03:12:59,920 --> 03:13:08,760
time we get to the to the open house
slash town hall.

1983
03:13:05,439 --> 03:13:08,760
» Very good.

1984
03:13:15,600 --> 03:13:22,880
» I'm glad to see that you do the hybrid
things

1985
03:13:19,600 --> 03:13:27,279
instead of, you know, [clears throat]
>> we have we had a lot of discussion about

1986
03:13:25,040 --> 03:13:34,000
that. I think the hybrid meeting is
going to be more informational

1987
03:13:30,319 --> 03:13:36,560
» and it'll help everybody be able to hear
uh questions and answers at the same

1988
03:13:36,000 --> 03:13:38,800
time.
>> That's important.

1989
03:13:37,520 --> 03:13:40,960
» That's very important to me.
>> Is that the way you're going to come

1990
03:13:39,680 --> 03:13:43,520
across as well?
>> 30 different meanings when you leave the

1991
03:13:43,120 --> 03:13:46,520
thing.
>> Yeah.

1992
03:14:07,520 --> 03:14:12,920
Becky, you have anything while we're
signing these final claims.

1993
03:14:15,520 --> 03:14:21,640
» Don't come don't show up Monday and
don't come over here,

1994
03:14:18,640 --> 03:14:21,640
» right?

1995
03:14:23,064 --> 03:14:25,084
[clears throat and snorts]

1996
03:14:28,160 --> 03:14:35,600
is any relation?
>> Not that I'm aware of.

1997
03:14:33,600 --> 03:14:39,200
» You don't want to sign that one. That's
>> I don't The reason I did is because

1998
03:14:37,840 --> 03:14:42,800
there two of them with the same amount
on them.

1999
03:14:41,520 --> 03:14:47,200
» That's traditional.
>> I know. But um

2000
03:14:45,439 --> 03:14:50,399
» yeah, it does kind of throw up a red
flag, but it's it's how we usually do

2001
03:14:49,439 --> 03:14:56,520
it.
>> Watching.

2002
03:14:51,200 --> 03:14:56,520
» Yeah. There's two lodging lodging.

2003
03:14:58,960 --> 03:15:05,600
» I see they took in some more money.
>> This was an inner fund transfer and it

2004
03:15:04,000 --> 03:15:10,720
wasn't the lodging fund and the
improvement fund like we usually have.

2005
03:15:08,239 --> 03:15:15,680
This is this is an inner it's an
improvement transfer of the lodging fund

2006
03:15:13,680 --> 03:15:19,000
but for operating expenses but it's
still 29.99.

2007
03:15:19,520 --> 03:15:23,680
So it was a little bit confusing.
We took care of the budget.

2008
03:15:23,040 --> 03:15:26,840
» Okay.
>> All right.

2009
03:15:30,960 --> 03:15:37,239
» Let's see. What do I want to keep? We'll
keep the one with my comments.

2010
03:15:44,285 --> 03:15:48,560
[clears throat]
>> Is that it?

2011
03:15:47,359 --> 03:15:52,279
» That is it. Right.
>> Have them all.

2012
03:15:49,040 --> 03:15:52,279
» No more.

2013
03:15:54,479 --> 03:16:01,600
Okay, I want to once again thank our
colleagues here at the city of

2014
03:15:59,920 --> 03:16:07,600
Northplation
for us today. Uh thank you to all the IT

2015
03:16:04,239 --> 03:16:12,000
folks that made this a seamless process
moving across the street. Thank you so

2016
03:16:09,600 --> 03:16:17,760
much for that.
Mayor Keller, uh Mr. Gross.

2017
03:16:16,000 --> 03:16:22,160
Thank you to those gentlemen for being
very gracious to let us use this these

2018
03:16:20,239 --> 03:16:27,920
chambers.
So having nothing else that I know we

2019
03:16:24,800 --> 03:16:33,399
have to be come before the board today.
Becky says no. It's 12:05. We shall

2020
03:16:30,399 --> 03:16:33,399
adjourn.

2021
03:16:36,479 --> 03:16:41,319
There's my budget. There was something
else.

2022
03:16:53,200 --> 03:16:56,680
That's a lot.

2023
03:16:59,040 --> 03:17:02,200
» Thank you.

2024
03:17:09,840 --> 03:17:19,160
I'm going to have to put wheels on my
So I could if I wanted to talk a

2025
03:17:16,000 --> 03:17:19,160
I just