1
00:00:02,080 --> 00:00:05,080
Um,

2
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I can't even remember who I write that
check to. It's fine. Thank you. But it's

3
00:00:10,080 --> 00:00:16,480
it's the I presume most everybody in
Gley has the same electrical provider,

4
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but I don't know who it is. I can't tell
you right at all.

5
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» Thank you. Thank you.
>> Okay.

6
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» Speaker 19, please.

7
00:00:25,119 --> 00:00:31,760
» Good afternoon.
Thank you for your time and effort on

8
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all of this. I am not coming in any
special interest other than my own.

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» Can they get your name in address?
>> It's coming my own and that of my

10
00:00:38,000 --> 00:00:46,640
community. I reside at 16884 Kettleman's
Way and I am here again for not because

11
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I'm in proximity because I am here
because this is a precedent setting for

12
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our county and also because I see a a
sea of litigation uh potentially here

13
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because of some of the gaps um between
what global AI has presented today and

14
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what that is required from our codes and
um so I started researching this 48

15
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hours ago. So, here we go. Um, I have to
say that from what I can research, it

16
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looks like Global AI has not fully acted
in good faith. Um, they purchased the

17
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property in 2025 and began working on it
doing demolition without required

18
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permits as you know. Um, they were then
issued stop work orders. They did not uh

19
00:01:31,280 --> 00:01:42,000
they declined to uh comply with those.
then they had to uh they did not cure

20
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the violations. That's seems to be not a
good faith effort on their part.

21
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um the special use by special review
vote today, while appealing for that

22
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when the application is not complete and
not showing good faith in their efforts,

23
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seems to be premature and I would like
the council to consider denying it or at

24
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least putting very strict conditions on
that would protect the interests of our

25
00:02:07,600 --> 00:02:15,440
people. Um,
as I'm looking at the considerations and

26
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listening today,
I think the the water issue probably is

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not our biggest consideration other than
the annexation issue which hasn't been

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taken care of. Therefore, it seems like
the application isn't complete. Power is

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a big issue and I do ask that you all
consider that because if

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I found it curious that their council
could not answer what the specific usage

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would be in the next few years
when they're proposing a a project this

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big. While I understand that it begins
with 35 mills and that's what we're

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addressing today, it is projected to
grow to 1 gigawatt and we cannot not

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look at that as well and what that might
grow to and what is expected even in the

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project today or in the next few years
under the parameters that have been set

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without there being a good explanation
of where that power is coming from. So

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if denial is not a possibility for legal
reasons today, I would ask that the

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council would consider extremely
stringent

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00:03:22,879 --> 00:03:31,840
um
conditions on it with regard to power

40
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the noise consideration. After listening
to the comments today, it seems there's

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a lot of ambiguity both in the code and
also in the way that the scientific

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measurements were done by global AI. It
seems to me that a third party is

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necessary to represent
>> Thank you. Your time's up. Commissioner

44
00:03:50,640 --> 00:03:54,959
Maxi does have a follow-up question.
>> Thank you, Mr. Chair. Um, I very well

45
00:03:54,080 --> 00:03:57,599
could have missed it, but I don't
believe you gave us your name.

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00:03:56,000 --> 00:03:58,799
» It's Amy Lynn.
>> Amy Lynn.

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00:03:58,319 --> 00:04:01,840
» Yeah.
>> And how far away do you live? Uh I'm

48
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over five miles.
>> Okay. Thank you. And who's your water

49
00:04:03,680 --> 00:04:08,080
provider and electric provider?
>> Uh Gree Lee with and it's I believe it's

50
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XL.
>> Thank you.

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00:04:10,480 --> 00:04:14,360
» Speaker 20 please.

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00:04:21,440 --> 00:04:27,600
Good afternoon commissioners. Thank you
for the opportunity to speak today. My

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00:04:25,520 --> 00:04:33,440
name is Dorothy Esamia and I live at
1310 West Burke Street in Windsor,

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Colorado. I'm here today to voice my
strong opposition again to the use of

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the special review permit for the global
A1 data project. While I support

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economic development in Well County, a
project of this massive scale poses

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00:04:45,600 --> 00:04:52,960
immediate threats to our community's
quiet enjoyment, local utility grid, and

58
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vital water supplies. First, let's
address the noise pollution concerns.

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00:04:55,280 --> 00:05:01,680
First, let's address the elephant in the
room. Noise pollution. The sheer volume

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of industrial cooling fans required to
keep the data center of this size

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00:05:03,440 --> 00:05:12,639
functioning is immense. Well, County CO
strictly mandates a maximum nose limit

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of 65 dB at the property line. However,
we know that these facilities operate at

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a maximum capacity 24 hours a day, 7
days a week. The low frequency hum

64
00:05:21,120 --> 00:05:29,039
generated by these massive chillers at 2
am will devastate the quality of life

65
00:05:26,080 --> 00:05:33,520
for nearby residents. If the board moves
forward, I urge her to mandate

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00:05:31,039 --> 00:05:39,280
continuous independent third-party noise
monitoring and legally require global

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00:05:36,240 --> 00:05:45,199
aid to implement advanced noiseancelling
mitigation barriers before operation are

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00:05:42,240 --> 00:05:49,280
ever allowed to begin. Water and grid
infrastructure strain. Second, our

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00:05:47,280 --> 00:05:54,479
infrastructure could not absorb this
drain. Data centers consume millions of

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gallons of water daily. In a region
where water is our most precious and

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fought over commodity, especially for
our local agriculture community, we

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00:06:01,199 --> 00:06:08,319
cannot afford to gamble our supply away.
Furthermore, our electricity grid is

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00:06:05,680 --> 00:06:14,080
already under intense strain during peak
summer months. We have yet to def see a

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00:06:10,960 --> 00:06:18,880
definite binding will serve letter that
proves our local utilities can power

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00:06:16,240 --> 00:06:23,360
this facility without driving up energy
costs or causing bl brownouts for

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working families and local farms. We
must protect our resources. If global

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00:06:25,280 --> 00:06:33,680
aid cannot guaranteed 100% closed loop
water recycling system, this permit

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00:06:31,600 --> 00:06:37,840
should be flatly denied. Commissioners,
your first duty is to protect the health

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00:06:35,520 --> 00:06:42,319
and safety and well-being of residents
who live, work, and raise families here.

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00:06:40,160 --> 00:06:46,960
Do not rush his approval for short-term
giant at the expense of our long-term

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00:06:44,400 --> 00:06:52,080
stability. Please deny the permit until
every single environmental and unfair

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00:06:49,520 --> 00:06:56,960
structure safeguard is in stone. My
husband is currently finding cancer

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00:06:54,400 --> 00:07:03,280
because he worked for CA Kodak for 20
years. Windsor community and well county

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00:07:00,240 --> 00:07:05,840
commissioner stand rush too fast. Thank
you.

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00:07:03,759 --> 00:07:07,759
» Thank you, Commissioner Maxi.
>> Thank you, ma'am. How far away do you

86
00:07:07,360 --> 00:07:10,400
live?
>> I live about a mile.

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00:07:08,960 --> 00:07:12,960
» One mile. So, you're immediately to us.
>> Yes. Over by King Supers.

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00:07:12,160 --> 00:07:16,000
» Okay. Thank you.
>> All right. Thank you.

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00:07:14,080 --> 00:07:19,840
» Uh ma'am, who's your water provider and
electric provider?

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00:07:18,479 --> 00:07:22,560
» I'm sorry.
>> No, that's okay. I was a little slow.

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00:07:21,360 --> 00:07:25,360
» Okay. Repeat again.
>> Who is your water provider and electric

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00:07:24,319 --> 00:07:28,240
provider?
>> Excel. And the town of Windsor is our

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00:07:27,840 --> 00:07:30,720
water.
>> Okay. Thank you.

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00:07:29,120 --> 00:07:34,840
» All right.
>> Speaker 21, please.

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00:07:37,199 --> 00:07:42,759
» 21.
Speaker 22, please.

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00:07:47,759 --> 00:07:54,560
» Hello, commissioners. I'm not very good
at talking, but I'm going to try because

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00:07:51,440 --> 00:07:56,240
I'm an introvert. But I want to express
your name and address for the record,

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00:07:55,840 --> 00:08:02,160
please.
>> I'm sorry. Uh I live in Windsor,

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00:07:58,960 --> 00:08:07,440
Colorado. Uh it's 116 Oak Street. Lived
there all my life. Six generations of

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00:08:04,080 --> 00:08:10,400
us. And uh I grew up when the community
was over a thousand back then. And so

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00:08:09,520 --> 00:08:13,440
» and your name?
>> My name is Mary, last name Diaz.

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» Thank you, Mary.
>> And my main concern is, you know, about

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the water shortage. You know, I've heard
people talk about that right now. you

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know, we're having a lot of drought and
stuff and it just makes common sense not

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to have a an AI here. You know, we we
have

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00:08:29,919 --> 00:08:38,399
other areas of,
how would I say it? Excuse me. Give me

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time.
>> Um,

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00:08:40,320 --> 00:08:48,080
access to computers and other stuff. It
doesn't have to be here in Windsor.

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And if I get emotional, I'm sorry, but I
worry being a senior because I grew up

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poor.
I pay my bills on time and all that, but

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if the water depletes or electricity
goes up or the power or the noise, I

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00:09:03,519 --> 00:09:12,320
like to sleep with my windows open. I
grew up that way just to get some fresh

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00:09:08,959 --> 00:09:17,760
air. And this is not right. I'm just
being honest with you guys.

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So, please deny them.
Deny this until last. Thank you.

115
00:09:21,440 --> 00:09:26,720
» Thank you for your comments.
>> I'm going to go ahead and ask Miss Who's

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00:09:25,440 --> 00:09:33,760
your water provider and electric
provider? That's okay.

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00:09:30,320 --> 00:09:35,519
» Excel and uh the Windsor water like my
sister that just talked.

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00:09:35,200 --> 00:09:38,880
» Yep.
>> And you said 116 Oak about how far away

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00:09:37,760 --> 00:09:42,320
is that? Actually,
>> it's not too far from Kodak because I

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live in the old section of town.
>> Yep.

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» Um So, mile
and a half.

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00:09:46,320 --> 00:09:50,800
» I'm guessing maybe a couple of miles.
I'm not too sure. I'm just It's the

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round park. I'm, you know,
>> thank you.

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» But it's not too far.
>> Okay. Thank you very much.

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00:09:55,040 --> 00:09:59,240
» Speaker 23, please.

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00:10:05,680 --> 00:10:13,760
» Good afternoon. My name is Jerry
Shepard. Um, I live at 1713 Fairacre

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00:10:11,120 --> 00:10:16,880
Road, Gley, Colorado. Um, some of you
may know I'm an attorney. I'm not

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00:10:15,279 --> 00:10:21,360
representing anybody. In fact, it's not
even close to the area of law where I

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00:10:19,120 --> 00:10:25,600
practice. Um, when I was in undergrad, I
took a lot of economics classes. There

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was a concept called externalities. That
means that because of this way the

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system is set up, a lot of businesses
ended up because of bad policies

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00:10:32,800 --> 00:10:38,480
externalizing their cost of doing
business. What we would call pollution,

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what we would call uh the loss of
resources, noise. And we need to see

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that you have the political will to
minimize the externalized costs to the

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communities, to the neighbors, to the
land, the air, the water. We have the

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00:10:49,440 --> 00:10:59,760
old saying, whisy's for drinking,
water's for fighting. We're in a drought

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and do we going to feed this endless
project

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00:11:01,519 --> 00:11:07,279
with no disclosure of what's going to be
in the water? And even though it's

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00:11:05,519 --> 00:11:10,480
claimed to be closed loop, you still
have this thing called evaporation. If I

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00:11:08,880 --> 00:11:13,920
leave a glass of water out, guess what
it's going to do? It's going to

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00:11:11,279 --> 00:11:18,079
evaporate unless my cat drinks it first.
But the important thing is, do we have

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the political will to keep them
accountable? Do we have the political

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00:11:19,839 --> 00:11:26,640
will to genuinely question the role of
AI in our society? Do we have to put up

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00:11:24,640 --> 00:11:31,279
with any sort of nonsense because I have
a smartphone in my pocket that we got to

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00:11:28,640 --> 00:11:37,120
let them do whatever the heck they want?
You have a sacred duty to keep them

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00:11:34,079 --> 00:11:41,680
honest and to protect the community. By
saying no or at least deferring until we

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00:11:39,360 --> 00:11:45,760
have all of our questions answered, you
are protecting the community from these

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00:11:43,760 --> 00:11:48,959
people. Okay, sure. They give to the
food bank. That's great. That's nice.

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00:11:47,519 --> 00:11:54,880
But are they really part of our
community or we just one more resource

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00:11:51,200 --> 00:12:01,519
to be exploited to line their pockets? I
urge a no vote. I thank you.

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00:11:59,200 --> 00:12:05,600
I will not tolerate this is not a soccer
match this public hearing.

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00:12:04,000 --> 00:12:09,040
» No outbursts, please. Or I will clear
the room.

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00:12:07,360 --> 00:12:13,920
» Mr. Chair, please.
>> I have uh questions for the last speaker

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00:12:11,040 --> 00:12:17,360
if she doesn't mind coming back up.
>> You're pretty fast. I apologize.

155
00:12:16,079 --> 00:12:21,760
» While you're coming up, I will agree
with your statement. I enjoy whiskey. It

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00:12:19,200 --> 00:12:27,200
is for drinking. Um, but with that being
said, uh, who's your water provider?

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00:12:24,480 --> 00:12:30,959
» Uh, City of Gley and my, uh, power
company is Excel. And of course, as a

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00:12:29,279 --> 00:12:32,639
taxpayer and citizen, I worry about my
rates going up.

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00:12:31,519 --> 00:12:34,959
» Thank you. I appreciate it. Thank you.
>> All right. Thank you.

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00:12:33,519 --> 00:12:39,120
» And how many miles away?
>> I'm guessing I live kind of the older

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00:12:37,600 --> 00:12:42,399
part of Gilly near Central High School.
So five or 10 miles, give or take. I

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00:12:40,959 --> 00:12:44,399
don't live right next to it, but of
course I'm worried for the people that

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00:12:43,440 --> 00:12:49,839
live right next to it.
>> Okay. Thank you.

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00:12:46,160 --> 00:12:53,720
» Speaker 24, please.
People are getting a little heated.

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00:12:54,240 --> 00:13:00,959
» Good afternoon, chair, commissioners. My
name is Ryan McBrreen, 244 North College

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00:12:58,720 --> 00:13:04,560
Avenue, Fort Collins, Colorado. Uh I am
in Lur County, several miles away. I

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00:13:03,040 --> 00:13:08,959
know that word is sometimes a porative
in some circles around here, but um um

168
00:13:06,880 --> 00:13:14,079
anyway, I'm here to express my support
in this application today. um as a land

169
00:13:11,600 --> 00:13:19,519
use professional and a fan of smart land
use um growth and use um I've sat in the

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00:13:17,760 --> 00:13:23,680
hot seat before explaining applications
in front of people and I know a lot of

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00:13:21,360 --> 00:13:26,880
times at these events um the naysayers
come out more than the people in support

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00:13:25,040 --> 00:13:30,880
of projects. So when I see a project
that meets the standards and and

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00:13:28,800 --> 00:13:34,880
requirements that um a county has set
forth um something you have trusted your

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00:13:33,040 --> 00:13:38,959
staff to review, that's their job, their
roles. You guys have trusted them a very

175
00:13:36,240 --> 00:13:42,880
hard job. Um when I see that those boxes
are checked, I feel important to come

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00:13:40,399 --> 00:13:46,560
out and and establish and support those
types of projects. Um I believe this

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00:13:44,800 --> 00:13:50,800
project meets all the applicable review
criteria that you all have set forth on

178
00:13:48,880 --> 00:13:54,800
this project and I encourage you and ask
you to recommend approval of this

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00:13:52,480 --> 00:13:56,959
application. I appreciate your time this
afternoon. Thank you,

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00:13:55,680 --> 00:13:59,600
» Commissioner Maxi.
>> Thank you, Mr. Chair. How far away do

181
00:13:58,399 --> 00:14:04,160
you live?
>> South Fort Collins. So, I don't know.

182
00:14:01,279 --> 00:14:07,760
Five on the other west side of I25. So,
I assume it's seven, eight miles away.

183
00:14:05,680 --> 00:14:10,399
» That's a long ways away.
>> Spent a lot of time over here.

184
00:14:08,959 --> 00:14:12,880
» But seriously, seriously though, about
about how far?

185
00:14:11,279 --> 00:14:14,480
» Um, I would say 8 to 10 miles. Okay.
Thank you.

186
00:14:13,120 --> 00:14:17,040
» Yeah. As the growth flies there,
>> you know, my question, who's your water

187
00:14:16,000 --> 00:14:21,120
provider? Who's your
>> um water is uh Loveland Fort Collins

188
00:14:19,440 --> 00:14:25,360
Water District and ours through the city
of Fort.

189
00:14:21,839 --> 00:14:28,360
» Thank you. Thank you. Speaker 25,
please.

190
00:14:44,720 --> 00:14:50,320
» I know my time doesn't start until I say
my name. So,

191
00:14:48,320 --> 00:14:58,079
» start when you start talking. My name is
Moren Dower, also known as Mo Daer, and

192
00:14:54,240 --> 00:15:00,240
I will state upfront that I don't have
any business.

193
00:14:59,199 --> 00:15:06,880
» Can I get your address, please?
>> Oh, sorry. Uh, my address is Berthood,

194
00:15:03,040 --> 00:15:11,360
Colorado, 1608 Holly Berry Street. Um, I
will state that I do not have any

195
00:15:08,800 --> 00:15:17,680
financial ties to this discussion.
However, I do have uh ties as a

196
00:15:15,120 --> 00:15:23,120
candidate running for this district
where this project might be annexed

197
00:15:20,399 --> 00:15:29,199
into. So, I'm just trying to understand
and be informed about the project and I

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00:15:26,720 --> 00:15:34,800
appreciate the work that you have put in
and I appreciate staff's work um and

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00:15:32,480 --> 00:15:40,560
those the information that we gathered
from the applicant. It was pretty

200
00:15:37,279 --> 00:15:47,040
thorough. There were however a few um
missing pieces that I think you should

201
00:15:43,600 --> 00:15:53,279
truly consider and with that I would
suggest a pause on approval, a pause for

202
00:15:51,120 --> 00:15:58,240
additional information and community
input. Um I just also want to thank you

203
00:15:56,240 --> 00:16:04,000
for your service. I was on the birth at
town board so I understand kind of the

204
00:16:01,040 --> 00:16:10,240
heat that you can be under. Uh
basically, um there was a story that I

205
00:16:07,279 --> 00:16:15,839
heard camping one time. It was from a
gentleman who uh had a huge fancy

206
00:16:13,920 --> 00:16:22,399
$200,000
bus type RV and he was joking around the

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00:16:20,079 --> 00:16:26,480
campfire and he said, "Yeah, I worked
for oil and gas. That's how I can afford

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this nice second home that I can drive
down the street." And he said it was so

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easy. We'd go to these towns and we just
put in a park or donate to some charity

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and then we'd just rape and pillage.
Rape and pillage. That's all we did. And

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he was so nonchalant about it. I have
never forgotten it. So, this is why I

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mentioned that you need to put in the
guard rails before you approve it. A

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00:16:51,199 --> 00:16:58,240
pause for some evaluation would be
helpful. additional public engagement

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sessions, written public responses to
submitted questions and make uh public.

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Then uh three documented work orders
have been issued to the applicant and

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request that the applicant halt
construction during the pending review

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00:17:10,559 --> 00:17:17,919
period very verified by county staff.
Current water arrangement is

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approximately 2 years of leased water
followed by municipal water from Gley.

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00:17:20,959 --> 00:17:28,960
uh documented proof of secured permanent
water supply for the facility's full

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operational life. Think about that.
Request public reporting of actual water

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use and actual energy use at startup and
on an ongoing basis.

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Request documented plan for alignment
with Colorado statewide carbon emissions

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reduction goals, including their
generators. And speaking of generators,

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how much time are they going to be
spending testing uh doing emergency

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runtime with public disc when disclosure
when in use documentation of why battery

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energy storage cannot serve as primary
backup with diesel is secondary only. Um

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and then this is the biggest one.
Curtain ordinance uh decibel.

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» Miss Dowy, your time is up. Commissioner
Maxi had a question.

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» Thank you, Mr. Chair. Um you said birth,
ma'am. Thank you for saying that. How

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far away do you live?
>> I think it is 18 miles. And uh as for

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water supplier, it's the Rocky
Mountains, but it is then processed

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through uh my local town of Berth. And
my electric supplier, which is part of

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the larger grid that will all be
affected, is Pter Valley Rea, which is

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the supplier for this. And uh just
underground decibel C at 500,000 and

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4,000 ft.
>> You're out of order.

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» All right. Speaker 26, please.

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Speaker 27, please.

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00:19:13,120 --> 00:19:22,080
» Hello, my name is Diana Mikey. Um, I
live at 111273rd Avenue in Gley. Um, I

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00:19:19,919 --> 00:19:26,960
was here a couple months ago. I've been
traveling and trying to catch up on

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00:19:23,840 --> 00:19:31,600
things. So, um, I'll just preface this
that I'm an occupational aiologist. I

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00:19:29,600 --> 00:19:36,720
worked for noise control engineers for
seven years. I, um, also worked at Kodak

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00:19:35,600 --> 00:19:40,480
back in the day when there were
community noise issues that were

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00:19:38,240 --> 00:19:45,280
successfully resolved. So, I'm pretty
familiar with this territory. Um, I

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00:19:43,760 --> 00:19:48,960
guess related to the commissioner's
earlier question about can you tell

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00:19:46,960 --> 00:19:53,919
whether sound comes from one industry
versus another, you can. It makes a

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00:19:52,080 --> 00:19:59,200
fingerprint. You can trace it. you can
travel it. So a noise control engineer

247
00:19:56,320 --> 00:20:03,120
can do that. So this um idea that we
don't know where the noise comes from

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00:20:00,720 --> 00:20:09,360
isn't really true.
Um I do concur with the previous

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00:20:05,440 --> 00:20:14,160
industrial hygienist from Kodakis that
the noise control reports the noise

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00:20:11,440 --> 00:20:18,720
impact report is really hard to tra
track track. It's been things were put

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00:20:16,320 --> 00:20:23,280
up as late as yesterday. There's
inconsistencies. There's a lack of

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00:20:20,799 --> 00:20:27,760
fundamental basics that go into a report
like how was it measured with what, how

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00:20:25,919 --> 00:20:31,520
is it averaged,
all the basics are missing from these

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00:20:30,000 --> 00:20:36,720
reports.
Um, the noise fluctuates. So, if you're

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00:20:34,799 --> 00:20:40,720
talking about that border ambient noise
levels, especially from transportation,

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00:20:38,960 --> 00:20:44,320
as you all know, it's noisier at 8:00 in
the morning when people are going to

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00:20:41,840 --> 00:20:48,000
school and work than at night. So, the
reports don't say anything about

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00:20:45,919 --> 00:20:52,400
averaging day and night, whether they
took worst case scenarios at one point

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00:20:50,159 --> 00:21:00,080
by the railroad tracks or did they
sample all around the perimeter. Um,

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it was, um, you know, there's reports
that talk about a chiller and then

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00:21:02,000 --> 00:21:08,799
emergency diesel engines, but there's no
discussion of pumps or fans, other

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00:21:07,360 --> 00:21:12,960
things that you would expect to be
there, and there's no mention to how

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00:21:10,640 --> 00:21:21,360
those noise controls would be applied to
those um, noise sources.

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00:21:16,559 --> 00:21:26,720
um related to maybe pursuing oil and gas
uh rules a little more fully. I agree

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00:21:24,000 --> 00:21:31,039
with with the earlier speaker that oil
and gas the high levels are not 247.

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00:21:29,440 --> 00:21:36,080
They also have a different spectrum.
They travel a different distance. So we

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00:21:34,000 --> 00:21:40,320
have to be careful about just applying
another industry to this industry. And

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00:21:38,640 --> 00:21:45,520
there's expertise that can guide you
with how to do that. Um, and I encourage

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00:21:43,039 --> 00:21:49,840
you that we need to learn a little more
about about the noise impact study. I

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00:21:47,760 --> 00:21:53,760
encourage staff to utilize industrial
hygienist aiologists that live in the

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00:21:52,000 --> 00:21:58,799
communities. We'll help you understand
the reports um to make sure it does

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00:21:56,880 --> 00:22:05,440
comply because right now I think that's
a big question. Um, so I'm here to help

273
00:22:02,640 --> 00:22:08,799
if I can if there's time to do so. So
appreciate your time.

274
00:22:06,640 --> 00:22:12,640
» Thank you. Commissioner Maxi, same
question. How far away do you live? I

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00:22:10,480 --> 00:22:15,360
live eight miles by car and five miles
as noise flies.

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00:22:14,000 --> 00:22:18,320
» Okay, thank you. Thanks.
>> You can guess my question. Who's your

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00:22:16,960 --> 00:22:21,600
water provider and who's your electric
provider?

278
00:22:18,640 --> 00:22:27,840
» Uh Gley is my home water supplier, Excel
Energy, but I do uh have a mountain

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00:22:23,760 --> 00:22:31,880
property that's served by Pter Rea.
Speaker 28, please.

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00:22:41,840 --> 00:22:47,919
» Good afternoon, commissioners. My name
is James Sylvestro. My address is 1660

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00:22:45,919 --> 00:22:50,960
Lincoln Street, Denver, Colorado. I'm a
land use attorney and I appear before

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00:22:49,600 --> 00:22:56,400
you today on behalf of my client,
Kodakis, to urge you to vote no on this

283
00:22:53,760 --> 00:22:59,679
application. Kodak is a neighboring land
user and operates the adjoining building

284
00:22:58,159 --> 00:23:04,159
just to the south of the proposed
development. There's been a lot of

285
00:23:01,840 --> 00:23:06,960
testimony about noise and water and all
the other externalities that are coming

286
00:23:05,600 --> 00:23:12,080
out of this proposal, but I want to
focus on one single issue that no one

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00:23:09,120 --> 00:23:17,760
else has addressed. Global AI does not
have any infrastructure in place to

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00:23:14,080 --> 00:23:21,760
deliver service water or fire water fire
protection water to its buildings.

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00:23:20,080 --> 00:23:27,600
There's no competent evidence in the
record to satisfy design standard number

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00:23:23,760 --> 00:23:31,280
one or standard number four. So, a bit
of history. All of the existing private

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00:23:30,000 --> 00:23:35,760
infrastructure for this site was
constructed by Kodak when it developed

292
00:23:33,360 --> 00:23:40,799
the larger industrial campus. When the
global AI property was split off and

293
00:23:37,520 --> 00:23:44,320
sold to another company in 2007, Kodak
entered into a services agreement with

294
00:23:42,400 --> 00:23:48,240
that company for Kodak to continue to
provide water infrastructure. When

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00:23:46,400 --> 00:23:52,159
Global AI purchased this property,
Global AI asked Kodak for consent to an

296
00:23:50,640 --> 00:23:56,480
assignment of the right to receive
service through that infrastructure.

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00:23:54,559 --> 00:24:00,799
Kodak's consent was required under the
most recent version of the services

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00:23:58,159 --> 00:24:04,400
agreement which I will submit for the
record.

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00:24:02,400 --> 00:24:09,600
Kodak has never consented to this
assignment and Global AI has never

300
00:24:06,880 --> 00:24:14,240
followed up. the right to use this
private infrastructure never conveyed to

301
00:24:11,440 --> 00:24:19,279
global AI and global AI has no legal
right to receive any of these services

302
00:24:16,400 --> 00:24:22,159
at the site. Kodak is now preparing to
completely separate its water

303
00:24:20,559 --> 00:24:26,000
infrastructure from the global AI
buildings which will result in a

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00:24:23,919 --> 00:24:31,279
complete shutdown of service water and
fire protection water to global AI.

305
00:24:28,720 --> 00:24:36,080
Global AI has repeatedly ignored this
critical reality. Even if global AI

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00:24:34,400 --> 00:24:40,960
obtains a binding commitment for water
from Gley or Windsor, which no one knows

307
00:24:38,480 --> 00:24:45,120
if they can even do that, Global AI will
still lack the infrastructure needed to

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00:24:42,720 --> 00:24:50,559
deliver that water to its building. As
it stands, the record is incomplete.

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00:24:48,080 --> 00:24:54,480
Alternatively, even if Global AI claims
that it has a right to receive service

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00:24:52,240 --> 00:24:58,880
water from Kodak under this agreement,
which we dispute, Kodak can still

311
00:24:57,200 --> 00:25:02,960
terminate this agreement pursuant to
section 7.1 because of another letter

312
00:25:01,440 --> 00:25:07,679
that we recently received from the city
of Gley saying that Gley intends to

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00:25:05,279 --> 00:25:12,320
regulate this private system as a
privatelyowned interconnected water

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00:25:09,440 --> 00:25:15,520
system. Section 7.1 of the agreement, if
it applies, which we don't think it

315
00:25:13,600 --> 00:25:19,039
does, would allow us to terminate in
that scenario anyway. So, I'm also going

316
00:25:17,600 --> 00:25:23,039
to submit a copy of that letter to the
record. Commissioner James, you said you

317
00:25:21,520 --> 00:25:27,039
weren't worried about the volume of
water that the site will use. But if

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00:25:25,520 --> 00:25:30,400
they don't have any way to actually
convey water to the site, then they do

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00:25:28,799 --> 00:25:33,440
not have an adequate water supply.
That's an issue that no one has

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00:25:31,679 --> 00:25:37,679
addressed and that they do not have an
answer for. This is a rushed and

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00:25:35,679 --> 00:25:42,000
incomplete proposal with far more
questions than answers, and I would urge

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00:25:39,760 --> 00:25:47,840
you to vote no. Thank you for your time.
>> Thank you. Questions?

323
00:25:45,200 --> 00:25:47,840
Thank you, Mr.

324
00:25:49,279 --> 00:25:53,640
Speaker 29, please.

325
00:25:55,840 --> 00:26:02,200
Speaker 29.
Speaker 30, please.

326
00:26:11,520 --> 00:26:18,880
» Hi, I'm Christina Kaufman. I live at
60854th Avenue in Gley and I was this

327
00:26:17,520 --> 00:26:22,880
morning when I was watching the entire
presentation I was kept asking where are

328
00:26:20,559 --> 00:26:27,039
all the experts? I mean I we hear from
global AI and the staff did a great job

329
00:26:25,360 --> 00:26:30,640
but where are the experts on the other
side of the issue? And I haven't seen

330
00:26:28,640 --> 00:26:33,840
that until just now. I thank all the
people that have come forward because I

331
00:26:32,080 --> 00:26:37,840
think they have substantial evidence
that this thing isn't a good idea. And

332
00:26:36,080 --> 00:26:43,520
there are just two words I I leave you
with is sustainability and livability.

333
00:26:40,640 --> 00:26:49,039
And I don't see that happening with this
um enterprise. Sustainability,

334
00:26:46,559 --> 00:26:54,559
livability, just make it easy. If that's
not going to happen for the community,

335
00:26:51,679 --> 00:26:58,960
it's not good. I'm about uh six miles
away, but I understand. Oh, I have gley

336
00:26:56,880 --> 00:27:04,720
water and that's really irritating me
that they're giving all this water away

337
00:27:00,960 --> 00:27:11,360
and Excel Energy, but sound and water
cross paths all across our county. So if

338
00:27:08,559 --> 00:27:16,000
the water's impacted and sound is there
and I know it can travel farther than my

339
00:27:13,520 --> 00:27:21,360
home, we need to find out from people
who live near AI data data centers and

340
00:27:18,640 --> 00:27:24,320
find out the data that they have about
how sound travels through air. So thank

341
00:27:23,760 --> 00:27:30,600
you.
>> Thank you.

342
00:27:26,640 --> 00:27:30,600
» Speaker 31, please.

343
00:27:31,360 --> 00:27:35,720
31, here you are. Okay.

344
00:27:40,960 --> 00:27:47,679
Good afternoon, commissioners. My name
is Patricia Garcia Nelson. I live at

345
00:27:44,960 --> 00:27:53,279
1260 28th A, apartment 2C, Gley,
Colorado to 631. I live approximately

346
00:27:50,320 --> 00:27:57,279
12.8 miles from the Kodak site. I am the
Colorado Fossil Fields just transition

347
00:27:54,960 --> 00:28:02,559
advocate for Green Latinos and my
service providers are the city of Gley

348
00:27:59,120 --> 00:28:06,880
for water and Excel for energy.
Um, I'm here today to ask you to reject

349
00:28:04,480 --> 00:28:11,120
this permit or at least delay. First,
the planning commission has already

350
00:28:08,240 --> 00:28:14,559
acknowledged the lack of concrete water.
Um, that's been discussed several times.

351
00:28:13,279 --> 00:28:18,640
There's been several things that have
been brought up around the noise. Um,

352
00:28:16,720 --> 00:28:23,279
like one of the previous speakers said,
I was actually having issues um,

353
00:28:21,279 --> 00:28:27,120
downloading the most recent noise study.
The file was corrupt. So, please, I'd

354
00:28:24,960 --> 00:28:30,320
love to take a look at that and get that
latest noise study that was submitted

355
00:28:28,799 --> 00:28:34,880
yesterday.
Um and so their own studies are showing

356
00:28:32,960 --> 00:28:39,360
that their facility could reach decibb
of up to 75 at night when their systems

357
00:28:37,679 --> 00:28:43,840
are rolling at are running at full
capacity. Um this is a violation of the

358
00:28:41,919 --> 00:28:49,200
standard that they're supposed to meet.
Um additionally, I sent each of you a

359
00:28:46,240 --> 00:28:54,320
press release um uh from Global AI's
website showing that they just acquired

360
00:28:51,120 --> 00:28:58,320
a $400 million loan from Chase Bank.
Additionally, you are also receiving the

361
00:28:56,559 --> 00:29:01,840
Secretary of State filing showing that
they are a registered foreign entity.

362
00:29:00,640 --> 00:29:06,159
This is the only information that
they're required to disclose, but it

363
00:29:04,080 --> 00:29:09,440
raises fundamental questions. A foreign
back company should not be building

364
00:29:08,000 --> 00:29:13,360
sensitive infrastructure in our
community without transparency and

365
00:29:11,120 --> 00:29:17,360
accountability. Additionally, I want to
trans address other transparency issues.

366
00:29:15,760 --> 00:29:21,440
At the planning commission hearing, I
witnessed Commissioner Ross speaking

367
00:29:19,360 --> 00:29:25,919
outside to some people and I would love
to know what the conversation was about

368
00:29:23,919 --> 00:29:31,039
and um if there was anything that was
agreed upon outside of the public

369
00:29:27,840 --> 00:29:35,440
record. I feel that when a um decision
maker has conversations about an item on

370
00:29:33,200 --> 00:29:39,440
the agenda, it raises serious questions
about the process. Additionally, a

371
00:29:37,919 --> 00:29:43,520
commissioner has repeatedly asked
members of the public where they live. I

372
00:29:41,440 --> 00:29:47,440
find this to be an intimidation tactic.
It is worth noting that according to his

373
00:29:45,520 --> 00:29:51,120
website, this individual lives south of
Gil, which is approximately 30 miles

374
00:29:49,200 --> 00:29:55,039
from the site. We are talking about a
facility that is going to sit in

375
00:29:52,640 --> 00:30:00,159
Windsor, right next to my in-laws homes,
my child's school, and another charter

376
00:29:57,679 --> 00:30:07,279
school in the area. Additionally,
bringing the workers um to show uh

377
00:30:03,279 --> 00:30:13,440
support is really just an act. Um, and
it is also a violation of Colorado's

378
00:30:09,440 --> 00:30:17,760
Environmental Justice Act. Um, 211244
recognized that Coloradoatans have the

379
00:30:15,600 --> 00:30:22,159
right to participate freely in decisions
that affect their environment. The

380
00:30:19,440 --> 00:30:25,520
company did not do public engagement or
community outreach and they admitted

381
00:30:23,760 --> 00:30:29,039
that this morning. Instead, they brought
all the workers to put on a little show

382
00:30:27,200 --> 00:30:34,640
for y'all. Additionally, this permit is
for only phase one. The company plans to

383
00:30:31,440 --> 00:30:39,120
expand. And uh I know you asked me to
only address things in this um

384
00:30:36,720 --> 00:30:46,480
permitting, but again I want to bring
back that this is a company that was um

385
00:30:42,320 --> 00:30:51,200
founded two years ago. They have no we
have no um idea of what their cumulative

386
00:30:48,799 --> 00:30:56,080
record looks like. Um and I like I said
I'm really concerned that there

387
00:30:54,080 --> 00:31:04,760
» Thank you, Miss Garcian. Thank you.
Times up.

388
00:30:58,720 --> 00:31:04,760
Um, speaker 32, please. Speaker 32.

389
00:31:09,360 --> 00:31:15,520
» Afternoon. Uh, Troy Baldwin, 523rd
Street in Windsor, 2 miles away, XL and

390
00:31:14,720 --> 00:31:17,919
City of Windsor.
>> Thank you.

391
00:31:16,240 --> 00:31:22,399
» Uh, I'm a lifelong neighbor to this
property. My family um is called Windsor

392
00:31:20,000 --> 00:31:25,520
Home since the early 1900s. My dad, my
mom worked at the Kodak facility and I

393
00:31:23,840 --> 00:31:28,960
worked for Kodak Care stream for 33
years. I met I raised my family near

394
00:31:27,840 --> 00:31:33,120
this facility and I still live in
Oldtown Windsor. I know this site's

395
00:31:31,120 --> 00:31:36,720
industrial history well. If Carstream
was still operational today, none of us

396
00:31:34,799 --> 00:31:39,600
would be here. I'm guessing most of the
people in this room that object to the

397
00:31:38,080 --> 00:31:43,760
data center don't know about or
understand what went on inside and out

398
00:31:41,200 --> 00:31:47,760
of the facility when it was Kodak Care.
Would anyone know that Kodak and Care

399
00:31:45,679 --> 00:31:51,279
operations were so water intensive the
company built its own 3 million gallon

400
00:31:49,440 --> 00:31:54,960
per day on-site wastewater treatment
plant? and the foliage along the pter

401
00:31:53,440 --> 00:31:59,600
where the effluent entered the pter was
green year round. The water consumption

402
00:31:57,600 --> 00:32:03,440
was probably close to 1,000 times what a
modern efficient data center would use.

403
00:32:01,679 --> 00:32:06,480
Would anyone know that Carstream Kodak
was one of the heaviest industrial

404
00:32:04,640 --> 00:32:11,360
electrical users in the entire region
running heavy industrial equipment

405
00:32:07,919 --> 00:32:15,039
around the clock 24/7 365? Would anyone
know that the noise inside and out most

406
00:32:13,200 --> 00:32:19,039
likely exceeded what the new zoning
requirements demand? There were massive

407
00:32:17,440 --> 00:32:24,320
electric motors and gear boxes that were
used 24/7 365. Yet we still had amazing

408
00:32:21,919 --> 00:32:28,720
wildlife like deer, turkeys, foxes, etc.
running around the facility. Would

409
00:32:26,480 --> 00:32:32,320
anyone know that Carcream's
uh chemical and polymer silver uh

410
00:32:30,720 --> 00:32:35,919
processing volumes were so large that
the site required its own rail spur to

411
00:32:34,240 --> 00:32:41,039
import the heavy chemicals and film and
paper, acids, costic, surfactants,

412
00:32:38,399 --> 00:32:45,919
nitrates, and formaldahhide even among
me uh among many others. For people that

413
00:32:44,320 --> 00:32:50,080
did know this information, why weren't
you standing outside Carream protesting

414
00:32:47,679 --> 00:32:53,840
the water usage? Electrical usage and
noise pollution while they were

415
00:32:51,440 --> 00:32:58,080
operational. This is a brownfield site
that carried 50 years of heavy

416
00:32:55,279 --> 00:33:01,519
industrial chemical use. Global AI's
proposed use is a dramatic reduction in

417
00:33:00,080 --> 00:33:05,360
environmental and community risk
compared to what the site already

418
00:33:02,960 --> 00:33:08,880
handled for decades. As someone who has
worked at and lives near the site my

419
00:33:07,360 --> 00:33:12,559
whole life, I urge you to support this
conversion. It's a better, safer use of

420
00:33:11,039 --> 00:33:16,799
a site that's already proven it can
handle industrial scale infrastructure.

421
00:33:14,720 --> 00:33:21,519
And to see a facility I worked in for 33
years brought back to life responsibly

422
00:33:19,360 --> 00:33:25,200
and better than it was will be something
great to see and tour someday. Thank

423
00:33:24,399 --> 00:33:30,519
you.
>> Thank you. Speaker 33, please.

424
00:33:31,519 --> 00:33:35,279
Speaker 33.
>> She's coming.

425
00:33:33,279 --> 00:33:39,640
» Oh, there you are.
>> Sorry, Mr. Chair.

426
00:33:36,159 --> 00:33:39,640
» No, that's okay.

427
00:33:48,720 --> 00:33:55,679
Hello, commissioners.
My name is Stacy Rodriguez. I live here

428
00:33:52,960 --> 00:34:04,720
in Gley, 3363
35th Street. Um, and we have Excel

429
00:34:00,080 --> 00:34:08,159
Energy and we have Central Gley Water.
Um,

430
00:34:06,480 --> 00:34:14,399
this just came to my attention. It just
blipped on my phone about a week ago

431
00:34:10,480 --> 00:34:18,720
that this was happening. And so I just
kind of rolled with it and I'm like,

432
00:34:17,040 --> 00:34:23,520
okay, there's a lot of things here that
that actually have my attention because

433
00:34:21,280 --> 00:34:30,480
of the water primarily. My husband has
worked for the water system for 23 years

434
00:34:25,919 --> 00:34:37,440
and uh was just let go. So I know a fair
amount about the water system. um

435
00:34:35,280 --> 00:34:42,720
a lot of the questions that or a lot of
the statements that I have uh people

436
00:34:40,320 --> 00:34:49,119
have already covered here just recently.
So, but the not knowing the person that

437
00:34:46,639 --> 00:34:56,159
is representing the Phoenix Construction
um pretty slick. Okay. Represented quite

438
00:34:52,079 --> 00:35:01,119
well. Uh but uh some more background and
some more definite community outreach

439
00:34:59,280 --> 00:35:05,520
which my husband actually got
accommodations for for that because he

440
00:35:02,880 --> 00:35:10,320
was great at doing that and being able
to educate people and to know what

441
00:35:07,040 --> 00:35:14,880
that's going to do for our community.
Um,

442
00:35:12,880 --> 00:35:19,119
yeah, ch children shouldn't be exposed
to the it. My my granddaughter, my

443
00:35:17,040 --> 00:35:25,040
grandson, and even my 35-year-old
daughter does not like they they don't

444
00:35:21,520 --> 00:35:30,800
like the AI. It's just a natural energy
thing that they pick up on.

445
00:35:28,880 --> 00:35:34,320
Um
there

446
00:35:32,960 --> 00:35:39,119
there's a lot of different things
whereas um yes, we're in a doubt. We're

447
00:35:37,119 --> 00:35:43,680
we're in a we're in a drought and
Colorado Springs triples their rates

448
00:35:41,200 --> 00:35:48,000
between five and nine. Okay. Their their
company, their electric company. I don't

449
00:35:46,160 --> 00:35:55,280
want to see that see that happen here.
But the Weld County um yeah we WD far my

450
00:35:53,520 --> 00:36:02,839
husband has two of those awards and was
awarded was was nominated two more

451
00:35:58,079 --> 00:36:02,839
times. Okay. He knows this system

452
00:36:03,680 --> 00:36:11,359
to have the people where they can have
ways to detox because I was reading up

453
00:36:07,760 --> 00:36:16,800
on a lot of the um
things that are put into the water into

454
00:36:13,359 --> 00:36:24,079
the water and it's some really it's like
the forever chemicals. Um, and that that

455
00:36:21,200 --> 00:36:30,079
bothered me because when it dumps, what
I had read was that it dumps into the

456
00:36:26,560 --> 00:36:35,119
Puda Valley system and and my husband
has put in those big 60inch lines. Does

457
00:36:33,280 --> 00:36:39,040
it is it going to do anything? This
gentleman that was just the attorney

458
00:36:36,800 --> 00:36:46,480
sitting right here uh was saying that
it's an in

459
00:36:41,440 --> 00:36:52,240
in company system that that uh Kodak had
uh already formulated. But the the

460
00:36:49,680 --> 00:36:56,320
forever chemicals, the specialized
florinated dialectric

461
00:36:54,640 --> 00:37:02,640
coolant sealants or manufacturing
coatings. What's that going to do to our

462
00:36:58,560 --> 00:37:08,320
pipes? We've already let go 80 people.
All right. From our city workers,

463
00:37:07,119 --> 00:37:11,040
80.
>> They needed.

464
00:37:09,599 --> 00:37:15,040
» Thank you, ma'am. Your time is up. Thank
you, Commissioner Max.

465
00:37:13,040 --> 00:37:18,320
» Thank you, ma'am. Uh, how far away is do
you live?

466
00:37:16,160 --> 00:37:22,480
» Pardon me. How far away?
>> Uh oh. Uh

467
00:37:21,680 --> 00:37:27,680
wrote it down.
>> No, it's okay.

468
00:37:23,359 --> 00:37:31,440
» 12 to 18. 12 miles. 12 to 15 miles.
>> Thank you very much. I appreciate it.

469
00:37:30,320 --> 00:37:36,599
» She answered mine.
>> Okay.

470
00:37:32,480 --> 00:37:36,599
» Speaker 34, please.

471
00:37:41,200 --> 00:37:51,040
» Hi. Good afternoon, uh, commissioners.
I'm Theres Gilbert, 1715 14th Avenue,

472
00:37:47,280 --> 00:37:54,480
greedy, Colorado. Um I can't speak to I
don't need to reiterate what already has

473
00:37:52,800 --> 00:37:59,599
been said but I have the same concern
that I had back in March is about the

474
00:37:57,440 --> 00:38:05,280
affluent and I've learned that you know
they will have uh Windsor will handle

475
00:38:02,400 --> 00:38:10,800
their toilets and the workers the 20 two
dozen workers but that they will have

476
00:38:08,240 --> 00:38:16,640
their own industrial treatment plant
just like JBS has like Lepro has and

477
00:38:13,920 --> 00:38:21,599
that EPA I understand has purview over
that. It still concerns me. The man said

478
00:38:19,359 --> 00:38:25,359
there's no planned discharge. Well,
usually discharges, you know, it's the

479
00:38:23,359 --> 00:38:33,839
unplanned ones you got to worry about.
And that even at best only 6,500 gallons

480
00:38:29,280 --> 00:38:38,640
a year would be discharged. But I guess
as if that effluent, he said the drains

481
00:38:36,640 --> 00:38:43,839
lead to the pter river. The drains are
inside the facility. How do we know any

482
00:38:41,440 --> 00:38:49,200
of that will be treated? Now I know in a
closed loop system they use a lot of

483
00:38:45,680 --> 00:38:56,160
teflon on the equipment and that will
you know uh slough off uh p uh uh poly

484
00:38:52,720 --> 00:39:01,520
fluorocarbons PFC's right and you can't
take those out of the water. So, while I

485
00:38:59,359 --> 00:39:08,160
live in Gley, I may be 10 miles by the
crow flies from the plant and um my

486
00:39:05,200 --> 00:39:14,000
provider is Excel, I feel like as a
fourth generation in Colorado that that

487
00:39:10,160 --> 00:39:18,400
Pa River is is we have standing on that.
If a cup of toxins goes in there, I'm

488
00:39:16,079 --> 00:39:22,480
going to be upset. I just am. It's the
Pter River. So, it's going to be a black

489
00:39:21,200 --> 00:39:27,119
box what they're doing with that
effluent. And I am concerned about that.

490
00:39:25,200 --> 00:39:32,160
And I don't know how we, you know,
again, I don't know how you check on it.

491
00:39:29,520 --> 00:39:36,480
So that's my main concern. Thank you.
>> Thank you.

492
00:39:34,560 --> 00:39:38,880
» Real quick, Mr. Ross, I I didn't catch
who did you say your power and water

493
00:39:38,000 --> 00:39:43,760
providers were
>> It's Excel and Gley.

494
00:39:40,960 --> 00:39:47,720
» Thank you. I apologize. I may miss that.
Speaker 35, please.

495
00:40:01,280 --> 00:40:07,920
My name is Karen German. My address is
2149th

496
00:40:05,520 --> 00:40:16,079
Avenue in Gley.
I live a little under 10 miles from the

497
00:40:11,440 --> 00:40:20,320
site. But as we all know, drought,
climate change,

498
00:40:18,160 --> 00:40:29,599
aqua fires,
various things, regulations with um with

499
00:40:25,520 --> 00:40:35,599
electrical companies don't have
hard and fast boundaries.

500
00:40:32,720 --> 00:40:41,119
Um I am a citizen and a voter in Weld
County

501
00:40:37,119 --> 00:40:47,200
and I came today uh just to listen, but
I was

502
00:40:43,760 --> 00:40:54,880
I basically had to speak because I heard
a lot of what well county commissioners

503
00:40:51,040 --> 00:41:01,040
can do but not as much about what well
county commissioners should do. And

504
00:40:57,599 --> 00:41:06,640
there is a difference between could and
should. And if we look at the various

505
00:41:04,160 --> 00:41:14,800
things that I've been looking at,
whether it is speakers or polls or

506
00:41:10,319 --> 00:41:21,760
emails, various things, it is very clear
that the residents of Weld County do not

507
00:41:18,319 --> 00:41:27,520
support the data center
and this is your responsibility

508
00:41:25,119 --> 00:41:34,480
to the residents
and the voters of Well County. So I uh

509
00:41:32,319 --> 00:41:39,520
one thing I just wanted to say I keep
hearing comments about Windsor and

510
00:41:37,680 --> 00:41:48,000
Kodak.
Kodak was in its heyday in the 80s. It

511
00:41:43,359 --> 00:41:56,800
started declining by the 2000s and about
15 years ago it formally ex uh exited.

512
00:41:53,599 --> 00:42:02,800
Things with water have changed a lot
during that time. things with

513
00:41:59,359 --> 00:42:09,839
electricity have changed a lot. The
amount of people that Kodak employed is

514
00:42:07,040 --> 00:42:17,359
very different what than what the data
center is talking about employed and I I

515
00:42:13,760 --> 00:42:24,040
am urging you all to vote no. Thank you.
>> Thank you.

516
00:42:19,920 --> 00:42:24,040
Speaker 36, please.

517
00:42:27,760 --> 00:42:33,839
Dear commissioners, my name is Ben
Plants and I live at 2214 Dominant Court

518
00:42:31,680 --> 00:42:37,359
in Severance. Thank you for giving us
the opportunity to make our voices heard

519
00:42:35,440 --> 00:42:41,359
on this important issue and thank you to
my fellow Weld County residents for

520
00:42:38,960 --> 00:42:44,960
taking time out of your day to be here.
Let me start by saying I'm not against

521
00:42:42,960 --> 00:42:49,040
data centers in general. I am a chemical
engineer educated to safely design and

522
00:42:47,040 --> 00:42:54,000
operate large-scale chemical plants by
meticulously evaluating risks before

523
00:42:51,680 --> 00:42:57,440
making critical decisions. Fact-based
decision-making and legally binding

524
00:42:56,000 --> 00:43:01,599
commitments remain core to how I
approach critical decisions. So I ask

525
00:42:59,680 --> 00:43:05,200
you commissioners, do you honestly
believe all the long-term risks of this

526
00:43:03,760 --> 00:43:09,280
data center have been adequately
mitigated? In my research since last

527
00:43:07,599 --> 00:43:13,839
week's planning meeting, I acquired a
633 page technical manual for the

528
00:43:12,319 --> 00:43:17,839
responsible governance, water
protection, and long-term planning of

529
00:43:15,520 --> 00:43:22,240
data centers. It contains hundreds of
questions developers should answer

530
00:43:19,440 --> 00:43:26,800
before approval. Here are just a few.
First, has Global AI agreed to an

531
00:43:24,400 --> 00:43:31,760
irrevocable decommissioning bond so
taxpayers aren't left holding the bag if

532
00:43:28,880 --> 00:43:35,520
they abandon the project? Second, what
independent monitoring will ensure

533
00:43:33,280 --> 00:43:40,000
Global AI's backup diesel generators
aren't operated outside of emergencies?

534
00:43:38,079 --> 00:43:44,480
And third, given conflicting reports
about water consumption in closed loop

535
00:43:41,920 --> 00:43:48,160
systems, has a Global AI agreed to
legally binding water use limits,

536
00:43:46,319 --> 00:43:53,200
monitoring requirements, and penalties
for exceeding them. These are just three

537
00:43:50,960 --> 00:43:56,800
questions of hundreds in this manual
that I emailed to each of you yesterday

538
00:43:54,960 --> 00:44:01,280
evening. I ask that you ensure these
questions are satisfactorily answered

539
00:43:59,119 --> 00:44:06,079
and more importantly committed to an
enforcable legal agreements before this

540
00:44:03,760 --> 00:44:10,079
project is approved. History has taught
us that corporations will ask for

541
00:44:07,680 --> 00:44:14,160
forgiveness, not permission, and global
AI has already demonstrated this by

542
00:44:12,319 --> 00:44:18,720
ignoring three separate stop work
citations. What makes them believe they

543
00:44:16,560 --> 00:44:22,880
are above our laws? What will stop them
from doing it again? And why was their

544
00:44:20,960 --> 00:44:28,160
corporate timeline important enough to
break the law in the first place? Do not

545
00:44:25,520 --> 00:44:32,880
let global AI rush this process at the
expense of our community. This is our

546
00:44:30,480 --> 00:44:36,560
home, not theirs, and we should dictate
the timeline.

547
00:44:34,560 --> 00:44:39,920
Again, I'm not opposed to data centers
simply because they are data centers.

548
00:44:38,480 --> 00:44:44,319
But until these risks are fully
addressed and mitigated through binding,

549
00:44:41,599 --> 00:44:48,800
enforcable legal language, a yes vote is
premature and irresponsible.

550
00:44:46,640 --> 00:44:52,400
I am asking for a no today, not
necessarily to kill the project, but to

551
00:44:50,960 --> 00:44:56,560
give the board of commissioners the time
necessary to adequately investigate the

552
00:44:54,880 --> 00:44:59,920
unressed concerns and protect our
community.

553
00:44:58,400 --> 00:45:02,880
And to my fellow residents, I'll be
outside after today's meeting. Please

554
00:45:01,520 --> 00:45:08,400
come talk to me about your concerns so
we make sure the commissioners hear and

555
00:45:04,800 --> 00:45:12,160
address every one of them. Thank you.
Mission back.

556
00:45:09,280 --> 00:45:16,640
» Thank you, Mr. Chair. Um, sir, just same
same similar question. Thank you.

557
00:45:13,839 --> 00:45:19,119
» Town of Pter Valley Rea 4.2 to my house.
>> Thank you.

558
00:45:16,960 --> 00:45:23,240
» Thank you.
>> Speaker 37, please.

559
00:45:31,839 --> 00:45:41,119
Good afternoon, county commissioners.
Uh, I live at 5775

560
00:45:37,200 --> 00:45:47,280
West 29th Street, Unit 1102, Gley,
Colorado. Um, I am here speaking and

561
00:45:44,640 --> 00:45:52,960
representing myself, my adult children,
grandchildren, and great-grandchildren

562
00:45:49,200 --> 00:45:58,000
one as young as four months, as well as
many other Latino families that I've

563
00:45:54,880 --> 00:46:05,359
spoken, visited with this concern, and a
concern it is. Um, and that I want them

564
00:46:02,480 --> 00:46:12,000
to have a good, healthy life and a
future just like you and I have. And I

565
00:46:09,359 --> 00:46:16,880
do not see that because we've already
had uh in Gley I've had uh where the

566
00:46:14,800 --> 00:46:23,599
electricity goes off and then comes back
on. And now water, as you well know, we

567
00:46:20,480 --> 00:46:30,319
haven't had much snow or have very have
had very little. And I'm not um excited

568
00:46:27,359 --> 00:46:36,079
about this a global AI building for
those reasons because we are an

569
00:46:33,280 --> 00:46:43,839
agriculture community.
And that to me, I grew up in the farm

570
00:46:40,079 --> 00:46:50,800
back in eastern Colorado. So I know what
uh it takes to grow uh crops and what it

571
00:46:47,920 --> 00:46:56,319
grow what it takes to just provide for a
family where I I also lived in Denver 30

572
00:46:53,920 --> 00:47:01,839
years. So I also know city life and
that's why I moved here because I wanted

573
00:46:58,640 --> 00:47:06,800
to leave there after 30 years. My son
lives a little over a mile from this

574
00:47:04,160 --> 00:47:10,880
future global AI center. My
granddaughters also live in these

575
00:47:08,640 --> 00:47:17,040
surrounding communities and they work in
these communities. I am also um I'm

576
00:47:14,560 --> 00:47:24,240
using the word concerned but that is I'm
very concerned about who is global AI

577
00:47:21,200 --> 00:47:31,920
centers water provider and also the
contamination of uh that could happen

578
00:47:28,240 --> 00:47:38,640
and also the plus the noise issues and
pri increases in price with the water

579
00:47:35,359 --> 00:47:43,280
electricity. We've already uh been hit
with tax increases which has nothing to

580
00:47:40,880 --> 00:47:47,920
do with the the electricity and the
water but it does in a way I'm like

581
00:47:45,280 --> 00:47:53,760
saying why is taxes going up when the
property value has not been there here

582
00:47:50,240 --> 00:47:59,280
in these last recent months. So as you
well know with everything else going up

583
00:47:56,160 --> 00:48:04,720
in the community and across our nation
in prices that is a concern and we have

584
00:48:02,240 --> 00:48:11,440
a right to be concerned. So I appeal to
you as our well county commissioners to

585
00:48:08,400 --> 00:48:17,920
really take in consideration not only
what your decisions are but about the

586
00:48:13,760 --> 00:48:23,680
future generations and with Kodak I also
agree when Kodak was up and running the

587
00:48:20,880 --> 00:48:31,760
explosion of growth and construction was
not going like it is today and uh global

588
00:48:28,079 --> 00:48:37,040
uh AI center does really not have our
agriculture and our community at heart.

589
00:48:35,040 --> 00:48:41,920
How can they? They're not from here.
They're from a big huge city which I

590
00:48:39,520 --> 00:48:47,359
have also had the opportunity to visit
in New York and other uh

591
00:48:45,359 --> 00:48:52,800
» Thank you, ma'am. Your time is up.
Ma'am, your time is up. Your time is up.

592
00:48:50,400 --> 00:48:56,000
Ma'am, your your time is up.
Commissioner Maxi, please.

593
00:48:54,400 --> 00:48:58,559
» Thank you, Mr. Chair. Um ma'am, I
probably missed it, but I didn't catch

594
00:48:57,359 --> 00:49:02,720
your name.
>> Oh, I'm sorry. My name is Amalia

595
00:49:00,640 --> 00:49:04,160
Johnson. And and about how far away do
you live?

596
00:49:03,440 --> 00:49:10,000
» I'm sorry.
>> About how far away do you live?

597
00:49:05,839 --> 00:49:13,680
» I live on the southwest side of Gley by
the new hospital. Oh,

598
00:49:11,200 --> 00:49:16,960
» okay. Thank you. UC Health Hospital.
>> The UC Health Hospital. That new one.

599
00:49:15,680 --> 00:49:19,680
Okay. Yes. All right. Thank you.
>> Thank you,

600
00:49:17,839 --> 00:49:23,559
» Miss Ma'am. Ma'am,
>> Commissioner Ross. Ma'am,

601
00:49:23,680 --> 00:49:28,800
» thank you. Sorry for making you come
back. Who's your water provider and

602
00:49:27,359 --> 00:49:33,359
electric provider there?
>> Uh, Gley, Colorado. uh for the water and

603
00:49:31,839 --> 00:49:35,599
electricity XL.
>> Thank you.

604
00:49:34,400 --> 00:49:39,559
» Okay.
>> Speaker 38, please.

605
00:49:41,839 --> 00:49:50,079
» Hi. Hi. I'm Marissa Baninga. I live at
416 Walnut Street in Windsor. I'm

606
00:49:47,760 --> 00:49:54,319
against the application. I believe the
global AI application does not meet the

607
00:49:52,079 --> 00:49:57,680
will serve requirements. I was born and
raised in Windsor and I'm a current

608
00:49:55,760 --> 00:50:00,720
resident of Windsor. I live within three
miles of the data center. Many of my

609
00:49:59,599 --> 00:50:03,599
neighbors are opposed to this
application and weren't able to make it

610
00:50:02,240 --> 00:50:08,079
today due to their work schedules and
commitments to their children. On August

611
00:50:06,000 --> 00:50:11,599
18th, Gley annexed the Great Western
Industrial Park, the property

612
00:50:09,520 --> 00:50:15,280
surrounding the Global AI property.
Windsor has challenged that annexation

613
00:50:13,599 --> 00:50:20,000
since the Weld County planning meeting
last week. If two Colorado cities are

614
00:50:18,400 --> 00:50:25,359
both trying to annex the same piece of
land, Colorado,

615
00:50:22,559 --> 00:50:29,760
it's not simply whichever city gets
there first wins. Under Colorado Statute

616
00:50:28,160 --> 00:50:33,760
3112114,
when two municipalities make conflicting

617
00:50:31,760 --> 00:50:37,359
annexation claims, the competing
annexation proceedings are generally put

618
00:50:35,599 --> 00:50:41,280
on hold and the dispute goes to an
election supervised by the district

619
00:50:38,880 --> 00:50:45,040
court. If the GWIP properties don't get
annexed into Gley and they get annexed

620
00:50:43,280 --> 00:50:48,880
into Windsor, then that renders the
Global AI pre-annexation agreement with

621
00:50:46,960 --> 00:50:53,040
Gley in jeopardy because the property
would then be almost impossible to annex

622
00:50:51,280 --> 00:50:58,079
into Gley if they don't have enough land
touching the global AI property. If they

623
00:50:55,440 --> 00:51:01,839
can't annex into Gley, then global AA AI
doesn't have access to water. We need to

624
00:51:00,240 --> 00:51:05,520
have the annexation fight between the
towns play out before the county makes

625
00:51:03,520 --> 00:51:10,319
any decisions. You should not approve
this based on hypotheticals. Think about

626
00:51:07,440 --> 00:51:13,599
this as a complicated math equation. You
always need to perform the math inside

627
00:51:11,920 --> 00:51:17,440
the parenthesis before you do the math
outside the parenthesis. If you don't do

628
00:51:15,599 --> 00:51:22,319
it in the correct order, you get a wrong
answer. You end up with a mess. Without

629
00:51:19,920 --> 00:51:26,800
annexation in gley, global AI doesn't
meet the water will serve requirement.

630
00:51:24,640 --> 00:51:30,400
Would you give permission to a homeowner
to build a house if they did not have

631
00:51:28,400 --> 00:51:34,880
adequate water guaranteed for their home
for more than 2 years? I think you would

632
00:51:32,640 --> 00:51:38,240
tell me to go jump in a lake. I also
think global AI should have to provide

633
00:51:36,720 --> 00:51:42,640
more information in their phase 1
application on how they will supplement

634
00:51:40,079 --> 00:51:46,800
their power on site as Pter Valley Rea's
power to the site decreases year after

635
00:51:44,640 --> 00:51:49,760
year. This decision is premature. We
need to see how the annexation plays

636
00:51:48,240 --> 00:51:52,559
out. Please do not approve the
application.

637
00:51:51,200 --> 00:51:58,480
» Thank you for reminding me of why I
always get those Facebook math memes

638
00:51:54,319 --> 00:52:01,920
wrong. Order of operations.
>> I apologize. Who Who's your water

639
00:52:00,079 --> 00:52:06,079
provider? Who's your uh electric
>> water is Windsor and Excel is

640
00:52:04,960 --> 00:52:10,839
» Yeah.
>> Thank you. Speaker 39, please.

641
00:52:20,240 --> 00:52:31,359
Hi, I'm Ununice Bear. I live at 14915
Weld County Road 72, Gley, Colorado.

642
00:52:28,960 --> 00:52:36,880
Um while listening this morning, I was
surprised to hear all the praise heaped

643
00:52:34,720 --> 00:52:43,040
on you guys for
not doing a m a moratorum

644
00:52:39,839 --> 00:52:49,280
or waiting and that's really troublesome
for me. What's the rush? What is the

645
00:52:45,839 --> 00:52:53,680
rush? There's a lot of questions here
that need to be answered. I mean, I've

646
00:52:51,040 --> 00:53:01,520
heard more than I could even think of. I
just don't get the rush. And

647
00:52:58,400 --> 00:53:09,040
I only live five miles as crowies from
where the Kodak place is, but I just

648
00:53:06,000 --> 00:53:13,920
don't see the point of this water
waste.

649
00:53:11,040 --> 00:53:19,599
I can serve water beyond what any of you
would believe, but after last week, I

650
00:53:16,960 --> 00:53:23,280
went home and I watered my heart out
because I just didn't see the point

651
00:53:21,280 --> 00:53:28,720
anymore.
and you're just wasting. You know, I

652
00:53:25,760 --> 00:53:34,880
watered, but I do not waste water. And I
feel you are in just a big rush.

653
00:53:32,160 --> 00:53:41,839
You need to consult
other counties, decide why are they

654
00:53:37,920 --> 00:53:47,359
holding back and I'm heading forward.
You need to think hard because guess

655
00:53:44,160 --> 00:53:54,400
what? It's on you.
It's on you. This is your yes vote may

656
00:53:51,359 --> 00:54:02,000
turn out to be your worst decision. So
consider it hard. Really hard.

657
00:53:59,040 --> 00:54:06,800
And
I'm going to go home and water. Just

658
00:54:04,480 --> 00:54:10,319
going to use the water for myself, not
save it for other people. What's the

659
00:54:08,960 --> 00:54:17,040
point?
And

660
00:54:13,200 --> 00:54:23,079
my water is Northwell County and my
electricity is a excel which is crap.

661
00:54:23,440 --> 00:54:31,520
I mean when the wind blows I'm out for
16 hours because I live in an area

662
00:54:29,119 --> 00:54:37,520
that's not concentrated with houses.
I've had to buy my own batteries to

663
00:54:33,359 --> 00:54:44,000
supply my I've got a wood stove to heat
because I lose everything. We don't have

664
00:54:40,640 --> 00:54:48,079
what you need for this AI
catastrophe.

665
00:54:46,240 --> 00:54:54,599
Think about what you're doing. Thank
you.

666
00:54:50,800 --> 00:54:54,599
» Speaker 40, please.

667
00:55:06,720 --> 00:55:14,079
Good morning. Good afternoon, I should
say. Commissioners, my name is KJ

668
00:55:10,079 --> 00:55:19,839
Burola. My address is 2304 9th Avenue,
uh 15 miles away from this site. I'm

669
00:55:16,720 --> 00:55:24,880
served by Excel, uh and city of Gley for
water. I am the executive director of

670
00:55:23,040 --> 00:55:29,520
Voices of the Land, which is a Gley
based nonprofit focused on outdoor

671
00:55:26,800 --> 00:55:33,839
equity and cultural reconnection. Uh but
before that I'm also the great great

672
00:55:31,680 --> 00:55:38,559
granddaughter of Cla and Tomasa, the
great granddaughter of Maria and Rufina,

673
00:55:36,160 --> 00:55:45,280
the granddaughter of Aurora and Avelino.
And those um ancestors that I mentioned

674
00:55:41,839 --> 00:55:49,520
taught me that the land is the strongest
rule and law that we have in the entire

675
00:55:47,200 --> 00:55:53,680
universe because the the land indeed
defi what you do with the land indeed

676
00:55:51,280 --> 00:55:58,720
defines what you do with the planet. And
so I mentioned during the initial

677
00:55:56,240 --> 00:56:03,280
hearing last week that we shouldn't be
allowing someone who doesn't actually

678
00:56:00,720 --> 00:56:09,920
truly do community outreach here in our
town decide what to do with the land

679
00:56:06,240 --> 00:56:15,119
here and instead should slow down and
vote no on this on this application. As

680
00:56:12,720 --> 00:56:20,720
many many folks mentioned before me,
there are uh so many technical issues

681
00:56:18,160 --> 00:56:25,280
with the application in of itself. But
I'll also mention I made sure to address

682
00:56:23,040 --> 00:56:28,799
a little bit less professionally today
than I did for the initial hearing

683
00:56:27,119 --> 00:56:33,280
because aside from showing up in the
capacities that

684
00:56:31,280 --> 00:56:39,520
uh that I mentioned earlier, I wanted to
also show up as just a community member.

685
00:56:37,119 --> 00:56:43,599
And I'll urge you to remember that
during that initial hearing and I

686
00:56:41,839 --> 00:56:48,400
presume also, you know, through many
online uh public comments, many other

687
00:56:46,319 --> 00:56:53,280
community member members also urged you
to vote no. And many of them

688
00:56:50,640 --> 00:56:57,599
simultaneously are losing a lot of trust
in the city because they feel like they

689
00:56:54,960 --> 00:57:01,520
are not being listened to. And so I'm
truly just here today to say I hope you

690
00:56:59,680 --> 00:57:05,119
will listen to them. I hope you'll make
better decisions for the land. Of

691
00:57:03,520 --> 00:57:11,520
course, as many others mentioned, for
the water as well. and also not listen

692
00:57:08,799 --> 00:57:17,440
to someone that calls the community
college AIM that didn't actually speak

693
00:57:14,640 --> 00:57:24,079
to these colleges or much less any of us
as residential, you know, residents.

694
00:57:21,599 --> 00:57:28,640
We uh we deserve better than that. We
deserve an industry that we can trust

695
00:57:26,160 --> 00:57:33,839
rather than, you know, our our city
essentially selling out to them. It

696
00:57:30,880 --> 00:57:38,880
reminds me truly of the administration
currently selling out to, for example,

697
00:57:36,480 --> 00:57:44,559
logging and other um major industries
for our public lands. Um, I'd like to

698
00:57:41,680 --> 00:57:49,440
have our areas protected here in Gley as
well. And our residents protected from

699
00:57:46,960 --> 00:57:54,160
the pollution both via noise, water,
air, and whatever else this may bring,

700
00:57:52,480 --> 00:57:58,960
including the cultural shift that is
coming on our children due to the

701
00:57:56,640 --> 00:58:04,720
addiction to technology and the scary
things that AI does. So again, I urge

702
00:58:02,799 --> 00:58:11,200
you to vote no and thank you so much for
your time today.

703
00:58:07,280 --> 00:58:11,200
» Speaker 41, please.

704
00:58:20,720 --> 00:58:27,599
Hi,
my name is Stephanie Willlet and I would

705
00:58:24,319 --> 00:58:33,680
prefer not to state my address out loud
as the last AI meeting I attended at

706
00:58:30,559 --> 00:58:38,000
this place, I was run off the road, not
even a block away after the stoplight.

707
00:58:36,000 --> 00:58:42,640
If anyone wants to see the pictures, I
have them. This is absolutely an

708
00:58:40,720 --> 00:58:47,440
intimidation tactic, making everyone
come up here and state their address.

709
00:58:45,040 --> 00:58:54,160
The way you police the people speaking
is so classes. Who do you represent?

710
00:58:51,520 --> 00:58:58,400
This is ridiculous. I'm I wish I would
have had more time to prepare. I did not

711
00:58:55,920 --> 00:59:03,680
plan on speaking today. I am not a
public speaker. I do not want this.

712
00:59:01,520 --> 00:59:08,960
It's embarrassing.
This is embarrassing that we have to do

713
00:59:06,079 --> 00:59:16,720
this. The community support today 10 out
of 10. This worst dog and pony show I

714
00:59:11,839 --> 00:59:21,280
have ever attended. Far none.
I get my energy from Excel and my water

715
00:59:19,200 --> 00:59:23,359
from the city of Gley.
>> Thank you.

716
00:59:21,839 --> 00:59:27,400
» Thank you.
>> Speaker 42, please.

717
00:59:39,839 --> 00:59:46,559
Um, thank you for letting me speak. I
was not intending to. I've been through

718
00:59:44,799 --> 00:59:53,359
one of these processes before and it
does seem like that every time it just

719
00:59:50,400 --> 00:59:59,839
is kind of like what she said. We state
our our objections and yet it never gets

720
00:59:57,359 --> 01:00:02,640
heard. My approach is going to be a
little different. My name is Karen Lman

721
01:00:01,280 --> 01:00:08,400
and I don't really want to give my
address either.

722
01:00:05,040 --> 01:00:14,960
Health, safety, welfare,
amazing, amazing community outreach

723
01:00:11,920 --> 01:00:21,920
community. This community that with
growth, benefits of schools, wealth,

724
01:00:17,920 --> 01:00:27,599
opportunity, etc., etc., etc. are all
comfy, cozy, fluffy, feel-good words,

725
01:00:24,319 --> 01:00:34,480
promises, promises, all stemming from
one huge lie. A lie that evil is well

726
01:00:30,960 --> 01:00:40,240
aware of. A wolf in sheep's clothing,
part of the continuence of the great

727
01:00:36,240 --> 01:00:46,960
deception. AI, look at it. The meaning
in itself, artificial intelligence, a

728
01:00:44,319 --> 01:00:52,720
conformity in the way of thinking, or
rather a control of the way of thinking.

729
01:00:50,799 --> 01:01:00,079
Let us expose the wolf in sheep's
clothing in true in its true intent of

730
01:00:56,400 --> 01:01:04,319
this wolf. Evil knows its time is short
and evil's desire to deceive and to take

731
01:01:02,880 --> 01:01:10,319
many with them to their final
destination. What really are these

732
01:01:07,280 --> 01:01:16,799
facilities but concentration camps? So
for the love of many, even the love of

733
01:01:12,880 --> 01:01:22,880
my enemies, I pray you seek the wisdom
in truth in your decision making truth

734
01:01:20,240 --> 01:01:29,200
that is written. The fear of the Lord is
the beginning of knowledge, wisdom, but

735
01:01:25,200 --> 01:01:36,160
fools despise wisdom and instruction.
For his Jesus's return is very soon.

736
01:01:33,440 --> 01:01:40,799
Thank you.
Um the clerk informs me that speaker

737
01:01:39,280 --> 01:01:47,040
number 42 is the last number that she
gave out. Um I certainly though am open

738
01:01:44,480 --> 01:01:51,599
to uh any other public comment. Anyone
who has yet to speak uh did not receive

739
01:01:49,599 --> 01:01:56,079
a number uh floor is still open. Is
there any additional public comment

740
01:01:53,200 --> 01:02:01,480
today?
One more time. Any additional public

741
01:01:57,839 --> 01:02:01,480
comments sir?

742
01:02:03,200 --> 01:02:11,040
» Hello commissioners. My name is Greg
Flebe. I live at 426 Crystal Beach Drive

743
01:02:08,400 --> 01:02:16,000
in Windsor, Colorado. I'm about a mile
and a half, two miles as the crow flies.

744
01:02:14,400 --> 01:02:22,640
Um,
my water is supplied by Windsor Water

745
01:02:18,960 --> 01:02:29,520
and uh, Hooter Techch Metro District for
the non-pottable water and my electrical

746
01:02:26,799 --> 01:02:35,920
provider is Excel
and um,

747
01:02:33,599 --> 01:02:44,160
I never thought I would be speaker
number 40 something um, but uh, here I

748
01:02:41,839 --> 01:02:49,920
am basically
I think that this is a good idea for the

749
01:02:47,280 --> 01:02:59,119
site that it's located at. I mean the
Kodak um I worked uh for the city of

750
01:02:54,960 --> 01:03:06,160
Gley along uh for the development of the
Kodak site uh in some of its phases as

751
01:03:03,119 --> 01:03:11,599
well as as HP. And one of the things
that always impressed me about them was

752
01:03:09,440 --> 01:03:18,000
that they did a lot of community
outreach ahead of time. There weren't

753
01:03:14,240 --> 01:03:27,280
surprises like there are now. I think
what you're hearing is a lot of

754
01:03:21,359 --> 01:03:31,440
um worrying about unresolved issues.
Uh

755
01:03:29,039 --> 01:03:36,240
and all of that could have been resolved
with prior neighborhood meetings and

756
01:03:33,920 --> 01:03:43,280
outreach which the city of Gley and
Windsor standard uh requires

757
01:03:40,160 --> 01:03:48,880
and then we don't have this back and
forth. So certainly recommend that as a

758
01:03:46,640 --> 01:03:53,240
as a process,
but um secondly,

759
01:03:53,280 --> 01:04:03,440
because of all of the unresolved issues
and and certainly with good cause that

760
01:04:00,400 --> 01:04:09,119
people have seen on the uh daily in the
newspapers,

761
01:04:05,119 --> 01:04:15,280
on the TV, on the internet of projects
gone bad, and they don't know for sure

762
01:04:12,160 --> 01:04:20,640
that that won't happen again they would
like to get it resolved. So why not

763
01:04:18,240 --> 01:04:26,720
pause and help answer some of the
questions uh for the residents for the

764
01:04:24,160 --> 01:04:31,839
neighbors and also
give the opportunity for global AI to

765
01:04:29,599 --> 01:04:39,039
come up with it. During their testimony
they said they didn't have all of the

766
01:04:34,400 --> 01:04:45,839
answers to completely check that box.
Uh and certainly there's a lot of uh

767
01:04:42,079 --> 01:04:49,680
legal unresolved issues that otherwise
there wouldn't be everybody lawyering up

768
01:04:48,160 --> 01:04:56,400
here.
Um not looking for a prohibition but a

769
01:04:53,599 --> 01:05:00,720
pause uh since we didn't get that ahead
of time.

770
01:04:58,319 --> 01:05:04,240
» Thank you. Thank you, sir. Additional
public comment from those who have not

771
01:05:02,240 --> 01:05:08,960
spoken. From those who have not spoken.
We only do one time, one bite at the

772
01:05:06,559 --> 01:05:14,319
apple, so to speak. Additional P public
comment, please.

773
01:05:11,680 --> 01:05:19,760
Going once.
Public comment will stand closed. This

774
01:05:16,559 --> 01:05:25,200
time, I'd like to take a recess until
3:15 if we could. Until 3:15. Uh, Mr.

775
01:05:23,760 --> 01:05:27,839
Foster, Mr. Cardigan, and certainly you
have the opportunity to rebut any public

776
01:05:26,640 --> 01:05:33,799
comment that you heard, and we'll do
that when you come back. So, we'll stand

777
01:05:29,839 --> 01:05:33,799
in recess until 3:15.

778
01:27:21,840 --> 01:27:28,120
Okay, let's uh come back to order if we
could please. If we can kindly come back

779
01:27:24,960 --> 01:27:28,120
to order.

780
01:27:31,120 --> 01:27:34,760
Got notes everywhere.

781
01:27:35,679 --> 01:27:44,320
» Okay. Uh let's continue. This is
continuation of our hearing

782
01:27:42,239 --> 01:27:47,560
on pardon me and I'll get the exact
number USR26-000019.

783
01:27:48,239 --> 01:27:54,639
All five county commissioners are
present. Uh returning now with

784
01:27:52,480 --> 01:27:59,639
opportunity for uh uh the applicant to
rebut comments. Applicant floor is

785
01:27:56,639 --> 01:27:59,639
yours.

786
01:28:00,000 --> 01:28:07,360
» Uh thank you uh Mr. Chair and members of
the uh board of county commissioners.

787
01:28:04,639 --> 01:28:10,639
Thank you to our community as well. uh
those supporting and those not

788
01:28:08,880 --> 01:28:16,880
supporting. Uh it's a it's an important
conversation to have. Um I want to

789
01:28:13,920 --> 01:28:22,639
wanted to start actually uh addressing
some unresolved issues that maybe you

790
01:28:18,960 --> 01:28:24,800
and I had uh in some of our uh Q&A
before lunch.

791
01:28:24,320 --> 01:28:27,760
» Okay.
>> Uh and so I wanted to go back to the I1

792
01:28:27,440 --> 01:28:33,840
» Yes.
>> zone district that you raised. Um

793
01:28:30,719 --> 01:28:38,880
» a couple of thoughts. Um one is kind of
a snippy lawyer response. Um, so allow

794
01:28:37,360 --> 01:28:44,639
» I might give you a snippy commissioner
response, Mr. Foster.

795
01:28:40,639 --> 01:28:50,480
» Uh, my snippy lawyer response is that
you as a board have determined that

796
01:28:47,120 --> 01:28:56,320
within the I1 zone district, uh, a data
center is a use by right. That was the

797
01:28:52,400 --> 01:29:02,639
decision you made. And uh, based on that
decision and knowing what the intent of

798
01:28:58,639 --> 01:29:08,239
the I1 was, that was how you manifested
that determination.

799
01:29:04,960 --> 01:29:16,560
If you're going to resolve
uh only to strictly construe the

800
01:29:12,639 --> 01:29:23,199
electrical power as the one resource
that you're going to review and analyze.

801
01:29:20,000 --> 01:29:28,560
Um you Mr. chair will likely never
approve a USR in the light industrial

802
01:29:26,080 --> 01:29:34,960
zone district, which means strictly
construed, you've made you've approved a

803
01:29:32,000 --> 01:29:40,639
USR in a light industrial zone district
that is not achievable, at least in the

804
01:29:38,560 --> 01:29:47,040
way in which you were interpreting it.
And so I wanted to then take a a further

805
01:29:43,040 --> 01:29:53,600
step along the path and then less snippy
uh and that is to uh look at two

806
01:29:50,480 --> 01:29:57,440
different uses in the uh light
industrial zone district that I think

807
01:29:56,000 --> 01:30:02,800
probably are relevant for today's
conversation.

808
01:29:58,960 --> 01:30:10,639
One would be uh EV charging stations uh
used by right in the light industrial

809
01:30:05,040 --> 01:30:18,400
zone district. 30 um uh 30 truck
chargers generate a need for 35

810
01:30:14,320 --> 01:30:23,520
megawatts of power in the uh uh light
industrial zone district used by right.

811
01:30:20,800 --> 01:30:29,520
Another use is the utility service
facilities.

812
01:30:25,040 --> 01:30:35,679
another use that I I couldn't do the AI
um uh research quickly enough on all of

813
01:30:32,560 --> 01:30:41,440
the different types of uh facilities
within that industrial service facility

814
01:30:38,880 --> 01:30:47,040
that would require power. But my
suspicion is is that's a high power user

815
01:30:43,920 --> 01:30:53,440
as well. And so I come back to the
resource question and I think resources

816
01:30:49,760 --> 01:30:59,440
are more than just water and energy or
power. I think uh you could look at

817
01:30:56,000 --> 01:31:04,400
resources as materials. Uh you could
look at resources as labor and uh in

818
01:31:02,960 --> 01:31:10,239
this particular instance, we're not
creating a manufacturing operation that

819
01:31:07,120 --> 01:31:15,600
is constantly churning uh a bunch of
material. Um but we're actually in an

820
01:31:13,199 --> 01:31:19,920
existing facility. So, I just I wanted
to leave that uh kind of I we're

821
01:31:18,239 --> 01:31:25,040
probably not resolving it between you
and I uh today, but I do want to at

822
01:31:22,719 --> 01:31:31,440
least address the questions that you
raised in terms of power as a resource

823
01:31:28,320 --> 01:31:36,960
and looking at at least one or two other
uses within the light industrial that do

824
01:31:34,400 --> 01:31:41,920
occupy or consume significant power.
>> Council, I appreciate that. Um, the onus

825
01:31:39,840 --> 01:31:46,159
is on you on the applicant under
232230B2

826
01:31:43,840 --> 01:31:50,800
to provide specific evidence that helps
me understand how this fits the intent

827
01:31:48,639 --> 01:31:53,760
of the Iowa district. And I appreciate
you submitting that evidence for my

828
01:31:52,159 --> 01:31:59,600
consideration. Thank you.
>> Uh, you're welcome. Um, I want to then

829
01:31:57,440 --> 01:32:06,239
kind of turn to public comment and I
wanted to start by saying this. Um, and

830
01:32:02,880 --> 01:32:10,880
frankly Amy Lynn um said it best uh in
her public comment. there seems to be a

831
01:32:08,480 --> 01:32:17,840
sea of litigation
and uh that may be true. Uh and we had a

832
01:32:15,120 --> 01:32:24,400
number of lawyers uh come up here and
other uh experts come up here and

833
01:32:21,360 --> 01:32:29,920
testify as to a bunch of documents
frankly that aren't no offense, they're

834
01:32:27,840 --> 01:32:35,840
not your business. uh they're private
agreements and what we shouldn't be

835
01:32:32,960 --> 01:32:43,040
doing is turning this public hearing on
a use by special review into a Supreme

836
01:32:39,040 --> 01:32:48,239
Court uh reviewing and analyzing private
agreements between private parties. Is

837
01:32:45,360 --> 01:32:55,199
there a dispute? You bet. Are we
surprised that uh they showed up today

838
01:32:51,600 --> 01:33:00,639
to talk about publicly our dispute? Not
at all. But that's not for you to

839
01:32:58,080 --> 01:33:05,600
resolve. And the fact that one of the
lawyers actually submitted a document

840
01:33:03,679 --> 01:33:10,960
that is a private agreement between
parties is proof of the fact that that's

841
01:33:07,679 --> 01:33:17,679
not your realm to review. It's not
within your purview under the USR. So

842
01:33:14,400 --> 01:33:26,159
I'm going to leave those comments um to
to the side as a separate issue to be

843
01:33:21,520 --> 01:33:35,360
resolved, but not here. and uh uh and so
that becomes a developer obligation well

844
01:33:29,920 --> 01:33:42,000
beyond uh today's public hearing. Um
the will serve letter by PBREA uh has

845
01:33:38,560 --> 01:33:46,400
been raised uh by a number of members of
your community.

846
01:33:44,320 --> 01:33:52,080
This has been historically how the
county has accepted will serve letters

847
01:33:48,560 --> 01:33:57,280
from utility providers. We have done
nothing different or out of the ordinary

848
01:33:54,480 --> 01:34:02,159
as to what every applicant has done uh
in Well County seeking a will serve

849
01:33:59,199 --> 01:34:05,760
letter. And we don't just have PVREA
saying it once, they've said it now

850
01:34:03,440 --> 01:34:11,199
three times. And they've said it after
receiving some of this uh correspondence

851
01:34:09,360 --> 01:34:18,080
from some of the lawyers in the room.
And so PVR PVREA has doubled and tripled

852
01:34:15,520 --> 01:34:23,440
down on their will serve letter. And
that check must be made next to the

853
01:34:21,760 --> 01:34:29,199
criteria.
The Gley Water Service. Again, we're I'm

854
01:34:27,600 --> 01:34:34,159
trying not to reinvent the wheel through
this USR. This has been a historic way

855
01:34:32,080 --> 01:34:39,840
in which the county has accepted a will
serve by showing uh in this particular

856
01:34:37,199 --> 01:34:46,480
instance a pre-annexation agreement. now
has been not only uh negotiated and

857
01:34:43,679 --> 01:34:50,800
signed uh by the lawyers and by the city
manager but has been approved by the

858
01:34:48,719 --> 01:34:57,520
city itself and has been reviewed by the
water board. Um but there's also a

859
01:34:53,920 --> 01:35:03,920
specific provision within uh that uh
re-anexation agreement that uh mandates

860
01:35:00,480 --> 01:35:09,679
specific performance. So this isn't a
wish and a hope. uh Gley fully expects

861
01:35:07,520 --> 01:35:15,520
to be annexing at some point this
property and guess what we need them to

862
01:35:12,560 --> 01:35:23,600
uh for the water that we are seeking to
use uh at this site. So again, those are

863
01:35:20,000 --> 01:35:28,320
important things for you to consider in
your review and analysis today. I

864
01:35:25,280 --> 01:35:33,760
believe that we have undoubtedly proven
that the will serve letters are in the

865
01:35:31,360 --> 01:35:40,080
shape and form that this county has long
required. uh that your staff has

866
01:35:36,159 --> 01:35:43,080
accepted and that we have relied on.
Um

867
01:35:43,120 --> 01:35:50,400
want to answer a couple of questions
that were kind of addressed or or

868
01:35:47,600 --> 01:35:57,280
questioned or out there uh from from uh
others in the community. The uh

869
01:35:54,080 --> 01:36:01,760
emergency generators are tested for five
minutes per month. That is the

870
01:36:00,159 --> 01:36:08,159
requirement that we have in order to
prove up the uh the uh efficacy of those

871
01:36:06,320 --> 01:36:12,480
emergency generators. So that's 5
minutes per month.

872
01:36:10,880 --> 01:36:18,880
Um
there was a concern or some interest in

873
01:36:15,760 --> 01:36:24,239
having ongoing noise monitoring.
We're in agreement. We're happy to uh

874
01:36:21,679 --> 01:36:29,040
continue to monitor our noise. We have
those uh in place right now. um we don't

875
01:36:27,360 --> 01:36:34,320
want somebody actually suggesting that
we're making more noise. So, we'd like

876
01:36:31,280 --> 01:36:40,400
uh to have uh ongoing noise monitoring
uh of our facility.

877
01:36:36,400 --> 01:36:47,199
Um and uh another mention of competing
annexations which we don't have because

878
01:36:43,600 --> 01:36:52,320
we are not uh uh we are not
contemporaneously seeking annexation to

879
01:36:49,520 --> 01:36:59,119
Windsor. We are, as I mentioned earlier,
we are exclusively negotiating uh with

880
01:36:55,520 --> 01:37:04,239
the city of Gley uh on annexation.
Um

881
01:37:02,080 --> 01:37:08,719
for your consideration
uh as you have thought of some

882
01:37:06,719 --> 01:37:14,480
conditions and this gets back to
Commissioner Max's comment from before

883
01:37:11,199 --> 01:37:20,960
lunch as well. Um,
we would be willing to accept the

884
01:37:16,560 --> 01:37:27,040
cumulative noise standard under 215416
C. That's uh under the oil and gas uh

885
01:37:24,080 --> 01:37:32,800
provisions. And thank you for um uh
directing our attention to that. We'd

886
01:37:29,600 --> 01:37:38,159
also be willing to accept a condition
that we can only build with a closed

887
01:37:35,679 --> 01:37:42,080
water loop system.
Um, I I wish I, you know, every time

888
01:37:40,560 --> 01:37:45,520
somebody gets up to talk about the water
use, I wish I could just come up and

889
01:37:43,440 --> 01:37:51,199
say, "That's not what we're doing.
That's not what we're doing." And and

890
01:37:47,280 --> 01:37:55,840
the concerns about other uh older
facilities on site that could

891
01:37:53,600 --> 01:38:01,040
potentially cool and chill and we're not
using those. Um, and the the way and of

892
01:37:59,600 --> 01:38:04,639
course the five of you were not sitting
in the planning commission for when Mike

893
01:38:03,040 --> 01:38:11,040
answered that question, but he said if
we wanted to use the existing

894
01:38:08,080 --> 01:38:17,040
facilities, we could we would do that,
but it would be a tremendous waste of

895
01:38:13,119 --> 01:38:23,679
water because those were the chillers uh
and coolers that were in existence for a

896
01:38:20,080 --> 01:38:27,280
previous uh iteration of this uh data
center.

897
01:38:24,960 --> 01:38:32,800
Um,
last thing I'll, um, address and then of

898
01:38:30,000 --> 01:38:40,480
course any questions that still linger.
Um, uh, Commissioner Peeper, you having

899
01:38:37,360 --> 01:38:46,159
watched the hearing in April, I know
that you in in particular talked about

900
01:38:42,719 --> 01:38:53,440
this decommissioning, uh, issue. um
we're not adverse to um proving up that

901
01:38:51,679 --> 01:38:57,760
when we leave the site we're going to
leave it clean. That that's not

902
01:38:55,360 --> 01:39:03,119
something we're adverse to. Frankly,
there is equipment within that facility

903
01:39:00,800 --> 01:39:07,760
that we're going to be very guarded over
and we're going to want to make sure

904
01:39:04,639 --> 01:39:14,159
that things are managed appropriately.
The county just hasn't really navigated

905
01:39:10,639 --> 01:39:17,920
that issue yet. uh and it may be an
issue and it might not be for today, but

906
01:39:16,400 --> 01:39:22,400
I'm kind of mentioning it because it was
raised in uh public comment and I know

907
01:39:20,239 --> 01:39:26,960
that you've raised it before. We're not
adverse to thinking through with your

908
01:39:24,480 --> 01:39:31,679
staff and with your lawyers about what
that could look like. And if that is

909
01:39:29,920 --> 01:39:39,280
something that is navigated sometime
after this USR, we'd be um still glad to

910
01:39:35,600 --> 01:39:45,440
um uh you know, upon review and approval
of of that language include it um

911
01:39:42,400 --> 01:39:48,320
subsequently if that is of interest to
this board of county commissioners.

912
01:39:46,719 --> 01:39:52,719
Again, I don't think it's a review
criteria. uh I think were a little bit

913
01:39:50,639 --> 01:39:58,159
outside the bounds but I wanted to be
respectful of issues that had been

914
01:39:54,239 --> 01:40:03,520
raised. So with that uh Mr. Chair I I I
think I have answered the questions that

915
01:40:00,639 --> 01:40:08,480
we were we were seeking to resolve
>> questions for the Mr. Ross.

916
01:40:06,000 --> 01:40:09,920
» No I'm sorry I'm thinking apologize Mr.
Chair

917
01:40:08,960 --> 01:40:13,520
» Commissioner Maxi.
>> Thank you Mr. Chair. Um thank you Mr.

918
01:40:11,920 --> 01:40:16,320
Foster for some of that. I I'm going to
just go through this the way I mean

919
01:40:15,199 --> 01:40:19,760
you're going to get a glimpse into how
my mind works here and because I wrote

920
01:40:17,920 --> 01:40:23,440
down a lot of public comment. I
underlined certain things. Um and I just

921
01:40:22,000 --> 01:40:26,639
want to make sure that we address them.
So I you addressed a few things right

922
01:40:25,040 --> 01:40:30,639
now and I think that you addressed a few
of the ones that I underlined but I if I

923
01:40:28,639 --> 01:40:35,360
reask something or ask you to confirm
it's simply because I want to make sure

924
01:40:32,000 --> 01:40:44,600
that uh we address the things that I uh
thought were important.

925
01:40:37,440 --> 01:40:44,600
Um, so going back to the very beginning,

926
01:40:45,040 --> 01:40:54,880
um, there were a couple comments that we
heard about proof of legal route for

927
01:40:51,600 --> 01:40:56,800
utilities. Is that what you're saying is
private agreements?

928
01:40:56,000 --> 01:41:03,360
» It is.
>> Okay. So um your

929
01:41:00,560 --> 01:41:08,800
regardless of the will serve status from
the utilities of water and power

930
01:41:06,320 --> 01:41:12,159
internal to this location there are
private agreements and those are private

931
01:41:10,400 --> 01:41:15,440
things that you need to deal with and I
quite frankly I agree with you. I don't

932
01:41:13,600 --> 01:41:18,000
think that that is our job to uphold
private agreements. That's between the

933
01:41:16,800 --> 01:41:21,280
parties who enter into those private
agreements. We didn't make you sign a

934
01:41:19,920 --> 01:41:24,400
private agreement so therefore it's not
part of our process. So, um, I just

935
01:41:23,119 --> 01:41:27,119
wanted to make sure that when I heard
those comments, that was what you were

936
01:41:26,159 --> 01:41:30,320
talking about.
>> Commissioner, if I could spitball with

937
01:41:28,480 --> 01:41:32,000
you there a little bit, uh, and because
it might save us some time later.

938
01:41:31,679 --> 01:41:35,440
» Sure.
>> I would agree with the private nature of

939
01:41:33,600 --> 01:41:41,280
those agreements sustained by by
Commissioner Maxi and and you, Mr.

940
01:41:37,119 --> 01:41:45,600
Foster. But I add some more clarity to
the C33 easement agreement. That is the

941
01:41:44,159 --> 01:41:49,360
private agreement that we're talking
about. At the same time, I would argue

942
01:41:47,840 --> 01:41:54,400
that it goes to completeness of this
application because without power, how

943
01:41:51,360 --> 01:41:59,600
is the application complete?
So, if it doesn't go your way, how how

944
01:41:58,320 --> 01:42:02,400
are you going to provide power for this
this particular property

945
01:42:00,880 --> 01:42:08,239
» if it if it goes our way?
>> If it does not

946
01:42:04,480 --> 01:42:10,159
» if Oh, if the uh dispute on the
easements,

947
01:42:09,040 --> 01:42:14,239
» I'm assuming that's over this this
building C3 agree. Commissioner, that's

948
01:42:12,880 --> 01:42:20,080
exactly the right question to ask
because if we can't resolve the private

949
01:42:16,960 --> 01:42:22,480
dispute, we don't have the ability to
serve with the power.

950
01:42:21,520 --> 01:42:25,520
» Yeah,
>> that is exactly right.

951
01:42:24,000 --> 01:42:28,000
» Will serve or not.
>> Will serve or not.

952
01:42:26,480 --> 01:42:30,560
» Exactly. You you still have to work out
the private agreement.

953
01:42:28,880 --> 01:42:35,520
» Absolutely.
>> Um there was a comment regarding noise

954
01:42:33,520 --> 01:42:39,600
or excuse me, not noise but the sound
walls that are being proposed that I

955
01:42:37,280 --> 01:42:43,840
thought was interesting. Um, and I
didn't see any issue from what was

956
01:42:42,239 --> 01:42:48,560
submitted in the application regarding
drainage or or drainage flows, but an

957
01:42:46,560 --> 01:42:52,480
issue a potential issue with the sound
walls blocking drainage flows came up.

958
01:42:51,199 --> 01:42:56,560
Do you have any comment on that?
>> Well, the I I I have one comment, but I

959
01:42:55,199 --> 01:43:01,600
probably am going to turn it over to
your professional staff. Um, we don't

960
01:42:58,639 --> 01:43:07,199
believe we're in that uh drainage way.
We may abut it. I think even the

961
01:43:04,080 --> 01:43:12,239
testimony uh was clear that there's some
uncertainty. Um I don't think that we

962
01:43:10,400 --> 01:43:18,639
would be able to achieve a building
permit uh without going through the

963
01:43:14,480 --> 01:43:24,080
necessary um county uh review of of
exactly how that wall may impact flow.

964
01:43:22,320 --> 01:43:27,520
» Can I ask a question to follow up on
that, Mr. Maxi?

965
01:43:26,000 --> 01:43:29,920
» We look at historic floodings. That's
what I tend to look at.

966
01:43:29,040 --> 01:43:34,000
» Historic, you said?
>> Yeah. 2013 was probably the biggest

967
01:43:32,000 --> 01:43:37,920
flood this area has experienced in
recent recollection. Was that site?

968
01:43:36,000 --> 01:43:42,719
Maybe staff can answer, you can answer.
Did that site receive substantial

969
01:43:39,920 --> 01:43:46,320
flooding from from that flood? Do we
know

970
01:43:44,400 --> 01:43:49,920
» from the one person who I know was for
sure there? He said no.

971
01:43:48,480 --> 01:43:54,719
» Are you making that comment because he's
gray beard that you know that he might

972
01:43:51,679 --> 01:43:59,679
be there
>> in part?

973
01:43:56,800 --> 01:44:01,280
Thank you.
Please continue. Okay,

974
01:44:00,719 --> 01:44:05,920
» thank you.
>> Um, good question. Thank you. Um, you

975
01:44:04,560 --> 01:44:10,560
addressed noise from the chillers
because I I had written that down. Um, I

976
01:44:08,560 --> 01:44:14,560
believe you addressed that and um, about
the generators being operated five

977
01:44:12,880 --> 01:44:17,600
minutes a month to exercise them. That's
common practice for anybody that has a

978
01:44:16,080 --> 01:44:20,480
generator. They need to be exercised or
else you're not sure if they're going to

979
01:44:18,719 --> 01:44:22,800
be operational when you need them. So,
five minutes a month is what I wrote

980
01:44:21,840 --> 01:44:29,119
down. You saying
>> correct? Um,

981
01:44:25,440 --> 01:44:33,119
you know, I I I heard what was mentioned
a few minutes ago. Uh, not a few minutes

982
01:44:31,280 --> 01:44:38,560
ago, shoot, maybe a couple hours ago
now. Um, and I heard a comment and I I

983
01:44:36,800 --> 01:44:42,000
do agree that when there's something not
necessarily in the application, uh, it's

984
01:44:40,560 --> 01:44:46,000
not necessarily part of our purview
here, but it was in the notes from the

985
01:44:44,239 --> 01:44:48,880
planning commission meeting. And so,
kind of by default, I look at that as

986
01:44:47,440 --> 01:44:52,719
evidence that's now in the in the record
that we can talk about. And so, I do

987
01:44:50,800 --> 01:44:56,000
want to ask about Bloom Energy. Um, and
I do want to say there might not be

988
01:44:54,239 --> 01:45:00,400
plans about it right now, but that was
stated as a potential

989
01:44:58,320 --> 01:45:05,360
secondary generation source that you all
are looking at. Um, and I guess I don't

990
01:45:02,880 --> 01:45:09,440
know if I really have any any true
questions about that, but I I can't pass

991
01:45:07,679 --> 01:45:13,280
that up either. So, do you have any
anything you want to say about that uh

992
01:45:11,920 --> 01:45:16,480
information that was included in the
notes from the planning commission

993
01:45:14,480 --> 01:45:20,960
meeting that uh that we have? The only
notes that I can imagine were in the

994
01:45:19,040 --> 01:45:24,719
planning commission minutes would have
been that to the extent that Bloom

995
01:45:23,199 --> 01:45:28,320
Energy would be used on the site,
they're not being used for this

996
01:45:26,719 --> 01:45:32,400
application that is in front of you.
>> Okay. So, a potential future phase which

997
01:45:30,080 --> 01:45:34,800
we would see in full transparency. All
right. Perfect.

998
01:45:33,520 --> 01:45:38,400
» Not for this phase.
>> Correct.

999
01:45:35,360 --> 01:45:42,320
» Thank you. Okay. Wanted to hear that. Um
I'm going to skip a question and go to

1000
01:45:39,920 --> 01:45:48,719
the next page here real quick. uh the
the noise uh study that was done and the

1001
01:45:46,080 --> 01:45:54,080
especially the excuse me the low
frequency um I'm assuming that the noise

1002
01:45:51,360 --> 01:45:58,960
study was performed for a period of not
less than 72 hours and uh 24 hours a day

1003
01:45:57,280 --> 01:46:03,080
for 72 hours. Is that how you got the
the noise study data?

1004
01:46:05,760 --> 01:46:09,880
» Yes, the ambient study

1005
01:46:11,119 --> 01:46:18,119
I'll repeat this in one sec. Thank you.
>> No, go ahead.

1006
01:46:23,040 --> 01:46:28,159
» Oh, okay.
>> So,

1007
01:46:26,000 --> 01:46:34,560
so I let me just repeat so that it's
clear that that ambient noise has been

1008
01:46:30,719 --> 01:46:37,760
recorded uh for 24/7 for a month to a
month and a half.

1009
01:46:35,440 --> 01:46:42,080
» Okay. Thank you for that. So that
addresses uh the question that got

1010
01:46:39,920 --> 01:46:47,280
brought up that maybe the worst case
scenario had not been modeled or not

1011
01:46:44,560 --> 01:46:51,760
been recorded. But a month is well
beyond what normal ambient noise surveys

1012
01:46:49,679 --> 01:46:56,159
go for. I I mentioned 72 hours because
that's usually standard in the industry,

1013
01:46:53,920 --> 01:46:59,920
at least from my experience.
Um

1014
01:46:57,840 --> 01:47:03,199
I I did underline decommissioning bond,
so I'm glad that you brought that up and

1015
01:47:01,280 --> 01:47:06,719
that was a something that Commissioner
Peeper had brought up uh to your point,

1016
01:47:05,119 --> 01:47:09,360
Mr. foster back during the code
discussion. And so I think that that

1017
01:47:07,920 --> 01:47:16,440
might be part of our discussion today.
So I appreciate you mentioning that.

1018
01:47:13,440 --> 01:47:16,440
Um

1019
01:47:16,480 --> 01:47:22,480
let me ask a big one here.
>> Just going to ask this one. Let's call

1020
01:47:20,320 --> 01:47:28,239
out the elephant in the room. Stop work
orders

1021
01:47:24,400 --> 01:47:33,600
and abiding by code. Um the applicant,
your your client, uh was to be in front

1022
01:47:31,199 --> 01:47:39,920
of us a few weeks back regarding stop
work orders and an appeal uh to that

1023
01:47:36,639 --> 01:47:46,719
decision by county staff. Uh you decided
to not appeal that. Um and and at that

1024
01:47:43,600 --> 01:47:51,199
point did effectively stop work until
now we're here today.

1025
01:47:49,040 --> 01:47:57,360
um when we are specifically talking
about um a use that is that is allowed

1026
01:47:54,960 --> 01:48:01,119
in code to your point um under a USR
process which I believe this is in the

1027
01:47:59,199 --> 01:48:05,679
I1 zone
and when this board looks at conditional

1028
01:48:03,119 --> 01:48:09,840
standards to try to address the health
safety and welfare of any applicant for

1029
01:48:07,760 --> 01:48:16,719
any industry that goes into any zone
that is going through the USR process.

1030
01:48:12,560 --> 01:48:23,760
Um, talk to me about the confidence uh
in this board of approving a permit um

1031
01:48:20,159 --> 01:48:27,440
when we had some apparent issues a few
weeks back with non-compliance. I'm just

1032
01:48:25,840 --> 01:48:33,920
curious on on a response to that.
>> Yeah, it's a fair question. Uh and of

1033
01:48:30,639 --> 01:48:41,280
course we we did resolve um the issue of
the appeal um with the county. Um so uh

1034
01:48:38,239 --> 01:48:47,440
that that did get formally resolved. But
to your bigger question, I think it's

1035
01:48:43,920 --> 01:48:52,639
important, Commissioner um to not just
think about um this USR. I think it's

1036
01:48:50,880 --> 01:48:59,360
important to actually go back a little
bit further um when this was a use by

1037
01:48:55,520 --> 01:49:05,679
right and my clients submitted um their
site plan under your code that allowed

1038
01:49:02,880 --> 01:49:09,840
for it as a use by right and they didn't
change those rules. You did. and you

1039
01:49:08,159 --> 01:49:16,639
change those rules in the middle of a
process and you change the rules uh

1040
01:49:13,920 --> 01:49:23,679
after uh building permits had not only
been submitted but many of them had

1041
01:49:19,440 --> 01:49:28,400
already been issued and so again
you're asking about confidence in in my

1042
01:49:26,320 --> 01:49:33,520
clients and so the way in which I would
resolve it is to say what my clients

1043
01:49:31,440 --> 01:49:37,119
didn't do and by the way I wasn't
representing them at the time and I may

1044
01:49:34,719 --> 01:49:40,880
have given them different direction as
your county attorney might tell you. Uh

1045
01:49:39,520 --> 01:49:48,400
what they didn't do is they didn't
challenge to stay under the site plan uh

1046
01:49:45,840 --> 01:49:53,520
as they had initially submitted and
said, "Hey, that those were the rules of

1047
01:49:50,880 --> 01:49:59,280
engagement when we started." Uh but what
they did do is they amended an

1048
01:49:56,480 --> 01:50:04,880
application and they put themselves
front and center right here, right now

1049
01:50:02,159 --> 01:50:09,840
for you to review their application. And
I think that's a sign of good faith and

1050
01:50:08,320 --> 01:50:13,199
the trust that you should have in my
clients to do what's right by this

1051
01:50:11,280 --> 01:50:19,520
county.
>> Appreciate the answer very much. Um and

1052
01:50:15,679 --> 01:50:23,600
and I I hear what you say. Um if if it
would be allowed, I would actually like

1053
01:50:21,440 --> 01:50:31,679
Mr. Katigan to get up and also answer
the question. Um Mr. Katigan is the COO

1054
01:50:26,320 --> 01:50:34,560
of the company. um when when uh we get
phone calls because the county

1055
01:50:33,280 --> 01:50:38,719
commissioners get phone calls on a
variety of reasons as I'm sure you can

1056
01:50:35,920 --> 01:50:44,239
imagine sir uh for a variety of land use
questions or policy questions. Um when

1057
01:50:41,840 --> 01:50:49,119
we get a phone call we will be turning
around and working with our staff and

1058
01:50:45,600 --> 01:50:54,080
and looking to contact Global AI as the
applicant as the owner of this facility.

1059
01:50:52,000 --> 01:50:57,840
So acknowledging what your attorney Mr.
Foster said uh I won't be calling Mr.

1060
01:50:56,400 --> 01:51:02,159
Foster, if I get a phone call about
this, I'll be wanting to call you or

1061
01:51:00,080 --> 01:51:07,440
somebody else. So, I would just like
your response, surf, if you would, about

1062
01:51:04,880 --> 01:51:11,280
the confidence that this board uh should
have in global AI to follow any

1063
01:51:09,520 --> 01:51:14,880
stipulations we put on on this
application today, of which we have

1064
01:51:13,360 --> 01:51:19,679
talked about a few additional ones that
were not a part of the original uh uh

1065
01:51:17,119 --> 01:51:24,719
you know, referral from planning.
>> So, Commissioner Maxi, I appreciate the

1066
01:51:21,920 --> 01:51:32,320
opportunity to address it, right?
And the way David answered it

1067
01:51:28,880 --> 01:51:38,800
and we we started our program very
aggressively, right? We saw a tremendous

1068
01:51:35,920 --> 01:51:44,719
opportunity to bring a site back to life
that people were driving by for a long

1069
01:51:40,560 --> 01:51:49,440
time wondering, right? And we were
moving quickly.

1070
01:51:46,880 --> 01:51:54,000
We had permit approval
during the entire process.

1071
01:51:52,400 --> 01:52:00,880
Um
the building permit teams were visiting

1072
01:51:57,119 --> 01:52:06,560
us frequently, right? They never really
they didn't cite any violation of code.

1073
01:52:03,360 --> 01:52:12,000
We continue to operate within code,
but to the point of your confidence, I

1074
01:52:09,679 --> 01:52:17,760
don't want you to call Mr. Foster. I
want you to call me. I've been anxious

1075
01:52:14,880 --> 01:52:23,280
to have a conversation with all of you.
I know given we had an application in

1076
01:52:20,400 --> 01:52:28,480
I'm not permitted to do that and you
know I tried

1077
01:52:25,599 --> 01:52:33,040
but now I am
and you know what we're trying to do and

1078
01:52:31,040 --> 01:52:37,599
you know what we can do with that site
and we can do with the community but if

1079
01:52:35,599 --> 01:52:42,480
you see that we're not living by the
code if you see we're not in compliance

1080
01:52:40,000 --> 01:52:46,000
I welcome the call because I do want to
have the opportunity to have the

1081
01:52:44,159 --> 01:52:49,679
conversation which I have not been able
to

1082
01:52:48,080 --> 01:52:52,159
Fair enough.
>> Appreciate you transfer. Thank you,

1083
01:52:50,960 --> 01:52:55,119
Commissioner. Maxi, if I could piggy
back and I appreciate that, Mr.

1084
01:52:54,000 --> 01:52:57,119
Cardigan. Thank you.
>> Um, Commissioner James.

1085
01:52:56,719 --> 01:53:01,840
» Yes.
>> I'm not a sweater. Four people have

1086
01:52:59,119 --> 01:53:06,000
called me a sweater. It's Catigan.
Catigan. So, when you have to call me,

1087
01:53:03,920 --> 01:53:10,239
if you look up cardigan, you won't find
Nobody.

1088
01:53:07,760 --> 01:53:13,280
» I'm just trying to avoid aggravation
trying to get a hold of me.

1089
01:53:11,199 --> 01:53:17,040
» My apologies for addressing you as a
men's wear. I do not wear you just fat.

1090
01:53:15,440 --> 01:53:20,159
Believe me, I've been called that all my
life.

1091
01:53:17,920 --> 01:53:25,000
» Mr. Cartigan, I can only blame my
parents. Cat D A

1092
01:53:25,199 --> 01:53:29,920
» Mr. Katigan and and and Commissioner
James, you know, we tried to talk,

1093
01:53:28,880 --> 01:53:33,440
right? I just
>> I abide by the rules. I can't talk to

1094
01:53:32,239 --> 01:53:37,520
you folks, but now I have the
opportunity. Go ahead. This is at the

1095
01:53:35,840 --> 01:53:41,760
crux of my position for not only this
application, but for for many others. As

1096
01:53:40,159 --> 01:53:47,280
well county grows, as well county
increases in size, as we diversify in

1097
01:53:44,719 --> 01:53:51,360
our economic base, a concern that I hear
from a citizenry a lot is about the use

1098
01:53:49,679 --> 01:53:57,760
by special reviews that we have out
there. The it's it's a conditional use

1099
01:53:54,239 --> 01:54:02,639
permit that we issue. And there was a
time in Weld County, maybe when I was a

1100
01:54:00,159 --> 01:54:06,000
kid back in the 70s and 80s, that we
could handshake and you're going to do

1101
01:54:04,159 --> 01:54:09,280
this and go forward with your land and
that person would do what's right cuz

1102
01:54:07,360 --> 01:54:14,560
it's the right thing to do. I'm not
insinuating that your company won't, but

1103
01:54:12,000 --> 01:54:18,800
it's as we continue to issue these
conditional use permits, this use by

1104
01:54:16,239 --> 01:54:23,280
special review process. It is totally
reliant the the functioning of this

1105
01:54:21,199 --> 01:54:28,159
government, the coexistence that we have
with each other is totally reliant on us

1106
01:54:26,159 --> 01:54:33,840
believing the applicant that they will
abide by the conditions of the permit

1107
01:54:30,480 --> 01:54:38,320
that we grant. And so you can understand
our trepidation

1108
01:54:36,000 --> 01:54:45,679
under three
unobyed stop work orders. Why this

1109
01:54:42,320 --> 01:54:51,440
brings up the the the entire
certainty of our special use process of

1110
01:54:48,719 --> 01:54:57,199
our of our conditional use process. And
so I appreciate you be being willing to

1111
01:54:54,159 --> 01:55:02,960
to state today that we can call you and
that you will abide by any sort of of of

1112
01:55:01,040 --> 01:55:10,800
condition that we put into this
particular permits cuz that's that's the

1113
01:55:08,239 --> 01:55:15,520
this is a house of this a house that
we're building here. If we pull out the

1114
01:55:12,400 --> 01:55:19,599
foundation, which is this special use
process, this this this conditional use

1115
01:55:17,440 --> 01:55:24,400
permit that he grants, we are going to
have to completely rework the way that

1116
01:55:21,199 --> 01:55:28,320
we do land use in in in Weld County. And
so, it's it's predicated on us being

1117
01:55:26,719 --> 01:55:31,360
able to trust one another and be
confident that our applicants will do

1118
01:55:30,239 --> 01:55:37,760
the right thing.
>> I completely respect that and I do not

1119
01:55:33,520 --> 01:55:42,480
want to have you redo the foundation.
I would say the following. I would also

1120
01:55:40,639 --> 01:55:46,239
appreciate if there's a need for me to
call you that we can pick up the phone

1121
01:55:44,719 --> 01:55:49,920
and have a conversation.
>> Is that fair?

1122
01:55:46,960 --> 01:55:54,119
» We'll exchange cards.
>> That way you can say his name correctly.

1123
01:55:54,400 --> 01:56:00,480
» You can call me Scott. You My middle
name's Kent, last name's James. Arrange

1124
01:55:58,080 --> 01:56:04,719
him how you want.
>> I I respect all that, but don't mean for

1125
01:56:03,599 --> 01:56:09,119
you folks to have to do anything
different than what you're doing.

1126
01:56:07,040 --> 01:56:14,159
uh you went out and put criteria in
place. We respect the criteria. We

1127
01:56:12,080 --> 01:56:18,400
didn't come forth and say we started,
we're not going to abide. We took all

1128
01:56:16,080 --> 01:56:23,520
the criteria and we respected it and we
built that way and designed that way. So

1129
01:56:20,480 --> 01:56:28,239
you will not find, as you heard from the
um commission, you will not find any

1130
01:56:25,440 --> 01:56:32,400
violation in how we built this thing.
>> Thank you. Thank you,

1131
01:56:29,440 --> 01:56:37,760
» Mr. Please. Commissioner Ross,
>> just a few questions is for my own. I'm

1132
01:56:35,360 --> 01:56:43,280
a curious guy. Talk to me about the
racks themselves. Are they like on sound

1133
01:56:40,960 --> 01:56:47,679
dampening systems? I mean, sound seems
to be this big thing here. And you

1134
01:56:45,679 --> 01:56:51,040
showed a great picture of existing racks
at your New York facility, but you

1135
01:56:49,599 --> 01:56:55,199
really didn't elaborate on them. And I
know there's probably some secret info

1136
01:56:53,520 --> 01:56:59,679
or sauce out there you can't share, but
kind of walk me through general so that

1137
01:56:57,040 --> 01:57:04,560
I understand the facility you're being
built in or going to build in uh should

1138
01:57:02,159 --> 01:57:09,440
we approve this, how that looks, right?
and what mitigating stuff you're taking

1139
01:57:06,560 --> 01:57:12,560
inside the building to to dampen those
types of sounds.

1140
01:57:10,800 --> 01:57:15,840
» So,
this whole sound work is not only on the

1141
01:57:14,480 --> 01:57:19,679
outside, but it's on the inside.
>> Can I do a you know, uh do you mind if

1142
01:57:18,639 --> 01:57:21,920
we just put the picture?
>> No, that'd be helpful. Thank you.

1143
01:57:21,360 --> 01:57:25,440
» Appreciate that.
>> I think it's helpful because this it is

1144
01:57:23,840 --> 01:57:27,679
new innovation.
>> Yeah.

1145
01:57:25,920 --> 01:57:33,560
» I probably can't bring that up, but
somebody will help me.

1146
01:57:28,880 --> 01:57:33,560
» I think I'll help you out.

1147
01:57:41,679 --> 01:57:48,320
Thank you.
>> So

1148
01:57:45,599 --> 01:57:54,400
assuming this could I do that?
>> No, you're good. There we go.

1149
01:57:51,040 --> 01:57:59,040
» So the rack structure is each one of
those vertical boxes that you see. If

1150
01:57:57,760 --> 01:58:02,320
» I could get you a little bit more on
mic. Thank you.

1151
01:57:59,920 --> 01:58:07,280
» Okay. So the rack structure, each one of
those vertical boxes that you see there,

1152
01:58:04,880 --> 01:58:12,880
some of those racks hold storage
equipment,

1153
01:58:09,520 --> 01:58:18,719
data storage. Most of the racks hold the
actual compute equipment, which is a

1154
01:58:15,520 --> 01:58:23,840
combination of GPUs and CPUs.
The racks on average today weigh over

1155
01:58:21,679 --> 01:58:28,239
4,000 lbs.
Remember my comment about the structural

1156
01:58:25,679 --> 01:58:33,119
integrity of the building?
Perfect. we don't have to worry about

1157
01:58:30,800 --> 01:58:38,159
falling through the floor.
The way they're built and you see all

1158
01:58:35,280 --> 01:58:42,400
that yellow, that's all the fiber cable
connecting those racks. If you were to

1159
01:58:40,880 --> 01:58:48,480
come to that site, which will be
different at this site underneath those

1160
01:58:45,280 --> 01:58:53,840
racks, all the electric and all the
chilled water plumbing are underneath

1161
01:58:50,639 --> 01:58:59,360
those racks. They connect down from the
top down into the floor. In this case,

1162
01:58:57,199 --> 01:59:05,840
in this facility,
all of that is coming overhead and drops

1163
01:59:02,719 --> 01:59:10,480
down cuz we're not on raised floor. So,
each one of those units, think about

1164
01:59:08,080 --> 01:59:14,000
4,000 lbs.
Each one of those units, as you build

1165
01:59:12,159 --> 01:59:19,280
them out, have all their own dedicated
chilled water connecting, all their own

1166
01:59:16,400 --> 01:59:25,040
dedicated electrical connecting, and all
of that is part of the closed loop

1167
01:59:22,400 --> 01:59:31,599
system. So that water is running in that
compute back out to those chillers and

1168
01:59:27,760 --> 01:59:38,480
back home 24/7.
The reason you need the cooling is the

1169
01:59:34,880 --> 01:59:43,440
systems run hot for performance reasons.
So the manufacturer and they've done a

1170
01:59:40,560 --> 01:59:47,280
fantastic job of design. This is a
massive heat exchanger in each one of

1171
01:59:45,360 --> 01:59:53,119
those racks.
They run cooling in those racks. our

1172
01:59:51,360 --> 01:59:56,960
water comes up next to it like a heat
exchange and make sure the water inside

1173
01:59:55,360 --> 02:00:03,520
the rack stays at a constant
temperature. So a single rack is one

1174
02:00:00,159 --> 02:00:08,400
point. You put many racks together in
order to provide the compute power you

1175
02:00:05,280 --> 02:00:13,360
need. Another point I'll make and
Commissioner Max may have confused you

1176
02:00:10,239 --> 02:00:18,480
when I use the word tenant.
In that case, I describe a tenant as a

1177
02:00:15,920 --> 02:00:21,920
customer of that hardware. Don't assume
we're going to have three tenants in

1178
02:00:19,760 --> 02:00:27,040
that building. We are the landlord.
We're the operator, designer, operator,

1179
02:00:24,320 --> 02:00:32,320
landlord. There's no tenant in the
house. They happen to use equipment,

1180
02:00:29,440 --> 02:00:36,719
hardware, and it happens to be as part
of our customer relationship. They've

1181
02:00:34,639 --> 02:00:41,920
reserved four racks, five racks, 20
racks, and run their applications on our

1182
02:00:39,360 --> 02:00:45,599
hardware. We provide all of the
hardware, all the power, all the cooling

1183
02:00:44,000 --> 02:00:49,760
for those racks to operate the way they
are designed.

1184
02:00:47,920 --> 02:00:54,880
We have to have enormous amounts of data
transfer. As you can imagine, all of

1185
02:00:51,360 --> 02:00:59,520
that's well in place given the facility
had that capability and we're bringing

1186
02:00:56,719 --> 02:01:04,880
higher amounts of data transmission onto
the campus right now.

1187
02:01:03,199 --> 02:01:10,159
» Additional question, you've mentioned it
and you just mentioned it again. This

1188
02:01:06,880 --> 02:01:14,159
facility is optimal for that. This
existing facility that's been sitting

1189
02:01:12,000 --> 02:01:19,199
dormant for some time. What makes it
optimal? what what about this existing

1190
02:01:16,320 --> 02:01:22,960
facility makes it optimal for this?
>> So, there's a couple of points. Number

1191
02:01:20,960 --> 02:01:28,639
one, the structural integrity of the
building given the weights I just

1192
02:01:25,520 --> 02:01:31,679
described, it's fantastic.
The location of the building, someone

1193
02:01:30,239 --> 02:01:36,639
asked me in the last meeting about
what's attractive about being in Weld

1194
02:01:33,760 --> 02:01:40,159
County and our line of work, data speed
is enormous.

1195
02:01:38,480 --> 02:01:43,520
Having a facility in the middle of the
country, just like those who figured it

1196
02:01:41,760 --> 02:01:47,119
out 40, 50 years ago, that's a great
place to have all of the logistics

1197
02:01:45,599 --> 02:01:52,080
locations.
Latency is big in our business. So, when

1198
02:01:49,760 --> 02:01:56,880
we can transmit data from here, north,
south, east, and west in a very great

1199
02:01:55,360 --> 02:02:02,080
coverage model of this part of the
country, that's another reason that this

1200
02:01:59,440 --> 02:02:06,159
location is extremely important to us.
We've got the East Coast covered with

1201
02:02:03,599 --> 02:02:09,280
the New York facility. I mentioned about
a couple of other locations. I won't

1202
02:02:08,080 --> 02:02:13,280
tell you where they are, but you can
imagine we're geographically moving

1203
02:02:10,960 --> 02:02:17,840
around the country. This is a perfect
location for us from a data latency

1204
02:02:15,760 --> 02:02:23,360
standpoint. Extremely important. Another
point, third point is the way the

1205
02:02:20,000 --> 02:02:27,760
building's laid out. Commissioner Ross,
we have this first phase and the

1206
02:02:26,080 --> 02:02:32,639
building layout does allow us to think
about future phases without having to go

1207
02:02:30,480 --> 02:02:36,960
to another building.
The other key thing that I continue to

1208
02:02:34,480 --> 02:02:41,760
feel st so strong about, we're not
taking away any of the land. We still

1209
02:02:39,119 --> 02:02:49,360
lease the land on our south campus to
the local farmer for 10 bucks a year.

1210
02:02:45,840 --> 02:02:52,960
We're not touching that. So as we build
out the center and what we're doing in

1211
02:02:51,040 --> 02:03:01,119
that building that's talked about in the
map, it's ideal for those structural

1212
02:02:58,080 --> 02:03:04,599
layout data latency location wise
perfect for us.

1213
02:03:06,639 --> 02:03:12,040
» Additional questions for uh the
applicant.

1214
02:03:12,719 --> 02:03:18,679
» Thank you. Thank you. Additional
questions for staff.

1215
02:03:19,360 --> 02:03:28,960
I I I got one, please. Since the uh
applicant uh withdrew their appeal uh a

1216
02:03:26,560 --> 02:03:32,800
few weeks ago, has there been any
construction activities that our team

1217
02:03:30,560 --> 02:03:37,760
has monitored since that time since it
got brought up uh uh earlier?

1218
02:03:36,159 --> 02:03:42,159
» Thank you, Commissioner, for your
question. Uh we have sent out our chief

1219
02:03:40,080 --> 02:03:47,920
building official on routine inspections
over these last handful of weeks. uh and

1220
02:03:44,880 --> 02:03:53,480
we have not witnessed any other uh new
or additional construction activity.

1221
02:03:50,320 --> 02:03:53,480
» Thank you.

1222
02:03:56,719 --> 02:04:01,679
» Chair,
>> please.

1223
02:03:58,719 --> 02:04:06,320
» Um to staff and I'm not sure who all
needs to be included on this discussion

1224
02:04:03,840 --> 02:04:09,440
back about the decommissioning again. Uh
the applicant brought up that ID brought

1225
02:04:07,760 --> 02:04:14,239
it up before. There wasn't an appetite
for it then. I wonder if the board is

1226
02:04:11,679 --> 02:04:19,679
interested in having uh that as some
sort of condition today or um

1227
02:04:17,920 --> 02:04:23,360
discussion at all with this particular
applicant.

1228
02:04:21,280 --> 02:04:28,080
» Um I am interested in that, Commissioner
Pepler. I I appreciate uh the

1229
02:04:25,599 --> 02:04:31,920
applicant's willingness to to offer uh a
decommissioning bond and and and plan

1230
02:04:30,560 --> 02:04:37,199
and that is something that I would like
to pursue as a uh conditional uh as a

1231
02:04:35,920 --> 02:04:42,000
condition that we would add to this
particular permit. That's two. Yes. C

1232
02:04:40,159 --> 02:04:47,920
» can I ask a question? What are we asking
them to to guarantee? We already have a

1233
02:04:45,840 --> 02:04:53,280
vacant building.
>> Are you suggesting the building itself

1234
02:04:50,400 --> 02:04:58,800
or the materials that they're putting
inside? What What are you looking at so

1235
02:04:56,080 --> 02:05:01,440
I get a I guess fuller understanding
before I can provide any type of answer

1236
02:05:00,960 --> 02:05:06,560
there?
>> My comment or Lynette, go ahead. I just

1237
02:05:04,480 --> 02:05:12,480
my concern for one is anything that
would be hazardous. Um any electronics

1238
02:05:09,679 --> 02:05:17,760
that may have outlived their usefulness,
anything that would be detrimental to a

1239
02:05:15,599 --> 02:05:22,239
future user of the building, not the
building itself, not upgrade to electric

1240
02:05:20,880 --> 02:05:27,440
infrastructure, those type of things
that could be benefit to a future user.

1241
02:05:26,000 --> 02:05:32,320
» And that would be mine as well.
Contents. I I the building is as the

1242
02:05:30,000 --> 02:05:35,199
building was when you found it. Uh what
we would what we ask with oil and gas

1243
02:05:33,920 --> 02:05:38,239
when we ask for decommissioning is that
they return the land to the way that

1244
02:05:36,560 --> 02:05:41,840
they found it. We would ask that you
return the property to the way that you

1245
02:05:39,520 --> 02:05:46,239
found it is is would be my my thought.
>> Yeah. And I just to tag on to it, I say

1246
02:05:43,920 --> 02:05:50,880
yes as well for that. Uh not just the
interior things, but we are having the

1247
02:05:48,159 --> 02:05:54,400
applicant propose a few exterior items
as well. So there is that to consider

1248
02:05:52,880 --> 02:05:57,280
along with just the amount of fuel
that's going to be on site. And so I

1249
02:05:56,000 --> 02:06:01,520
would want any of those type of things
to be taken care of in any sort of

1250
02:05:59,119 --> 02:06:06,400
decommissioning plan. Um, I thought I
saw 22,000 gallons of fuel stored on

1251
02:06:03,679 --> 02:06:10,320
site if I'm correct in that number is.
So, uh, those are things that I would

1252
02:06:08,159 --> 02:06:13,520
look to be included.
>> If Can I ask a question to that though

1253
02:06:12,639 --> 02:06:16,560
because
>> some of those comments are very broad.

1254
02:06:15,119 --> 02:06:21,599
If they're doing upgrades to the
electrical service coming in, are you

1255
02:06:18,239 --> 02:06:24,400
asking them to deescalate those upgrades
because

1256
02:06:22,639 --> 02:06:29,400
» that would be uh that would be that
would be destructive.

1257
02:06:25,760 --> 02:06:29,400
» Yeah. Yeah. No.

1258
02:06:29,679 --> 02:06:38,719
um just return the building to uh uh the
state that a a the next tenant could use

1259
02:06:36,239 --> 02:06:44,000
it, I guess, would be would be my
thought.

1260
02:06:40,000 --> 02:06:49,040
» How do you how do you uh
>> I'm just spitballing here. I'm not

1261
02:06:46,079 --> 02:06:54,320
against what you guys are saying. It
feels a little more complicated than a

1262
02:06:52,239 --> 02:06:56,320
» It's more complicated than the green.
It's more complicated the green field,

1263
02:06:55,599 --> 02:07:00,000
which is the element of
>> comp. And I'm not trying to say no to

1264
02:06:58,239 --> 02:07:08,159
it. I'm trying to get to a yes to what
you guys are saying. Um

1265
02:07:04,639 --> 02:07:14,639
I I agree on the fuel, right? I agree on
hazardous metals or or heavy metals that

1266
02:07:10,480 --> 02:07:19,119
may be on site um upgrades. I'm just
this is a different this is a different

1267
02:07:17,280 --> 02:07:24,800
path than this board has gone down
before because it's not Greenfield as

1268
02:07:21,199 --> 02:07:24,800
you're saying, Mr. Chair.

1269
02:07:27,119 --> 02:07:34,880
Uh thank you commissioner for your uh
question or comment. Probably my only

1270
02:07:32,320 --> 02:07:38,400
suggestion would be to not kind of
navigate a decommissioning bond and

1271
02:07:36,719 --> 02:07:42,719
language on the fly. Give us some time
to work on that with the applicant and

1272
02:07:40,880 --> 02:07:46,119
propose some language back to you all as
part of the process.

1273
02:07:48,320 --> 02:07:55,119
» Please commission. Um, I'm going to ask
the applicant, um, since you brought it

1274
02:07:52,719 --> 02:07:59,040
up today, did you have anything in mind
already? Have you had one at your other

1275
02:07:57,199 --> 02:08:02,560
facility in New York, is there some sort
of example that you would recommend?

1276
02:08:01,199 --> 02:08:07,920
» Thank you for the question. We don't
have an example. I was merely putting it

1277
02:08:04,880 --> 02:08:13,599
out there as an acknowledgement that it
was raised. I know it had been a

1278
02:08:09,760 --> 02:08:19,119
concern. Um, it's new territory. uh you
know uh and you know again reinforcing

1279
02:08:16,159 --> 02:08:26,079
the point it's expensive equipment in
the building um we're going to be you

1280
02:08:22,800 --> 02:08:30,560
know disposing of it properly at the at
the appropriate time which we hope is

1281
02:08:28,000 --> 02:08:34,480
years and years from now but um and
that's my assumption certainly I I I

1282
02:08:33,199 --> 02:08:38,320
mean there is value in the equipment
that's put in there of course you're as

1283
02:08:36,480 --> 02:08:43,360
a business process you would do that but
uh uh we have seen things people just

1284
02:08:41,760 --> 02:08:45,440
walk way and I guess that is the
concern.

1285
02:08:44,079 --> 02:08:52,159
» Yeah.
>> Been happy to work with your staff with

1286
02:08:47,760 --> 02:08:55,599
your county attorney on some language.
>> Please, Commissioner Maxi.

1287
02:08:54,000 --> 02:09:01,520
» Thank you. Uh Mr. Foster, while you're
while you're up, um I go back to just a

1288
02:08:58,639 --> 02:09:06,800
prior discussion about, you know, the
where we're at today and the confidence.

1289
02:09:04,320 --> 02:09:10,960
Um, and so I think uh, one of the things
that we we need to ask and we need to

1290
02:09:08,719 --> 02:09:16,000
make sure we have on record is the
awareness from the applicants side that

1291
02:09:14,320 --> 02:09:22,079
not knowing how this will shake out
today, but if it does move forward and

1292
02:09:19,360 --> 02:09:28,560
if this board grants approval that that
does not constitute a go forth and

1293
02:09:25,440 --> 02:09:32,079
prosper um, tomorrow. There's there's
certain conditions there are other

1294
02:09:30,000 --> 02:09:37,360
things that that might be attached to
this that need to be performed first

1295
02:09:33,760 --> 02:09:41,679
before work should begin again. Uh is
that acknowledged by the applicant as

1296
02:09:39,119 --> 02:09:46,639
far as that this stop work is going to
not proceed any further until we get

1297
02:09:44,000 --> 02:09:52,800
this thing permitted and finalized if
the vote today is in that direction.

1298
02:09:49,760 --> 02:09:57,920
» Um so I'm I'm curious if if there's
something um in particular you're you're

1299
02:09:55,679 --> 02:10:00,880
referencing. Again, happy to work in
good faith

1300
02:09:58,880 --> 02:10:07,840
» with your staff if there is language
around kind of a decommissioning

1301
02:10:03,599 --> 02:10:17,040
um bond, but if you were to approve the
USR today um giving us an entitlement

1302
02:10:11,679 --> 02:10:26,480
for that use um what what
I and not to be um uh difficult but no I

1303
02:10:22,000 --> 02:10:30,639
have answer why would we not uh resume
uh construction um once we've received

1304
02:10:29,840 --> 02:10:32,960
building permits.
>> Sure. So my my answer if I can

1305
02:10:32,639 --> 02:10:35,040
» please
>> since I was the one who asked the

1306
02:10:34,079 --> 02:10:38,880
question uh and then I'll
>> So it was rhetorical.

1307
02:10:36,560 --> 02:10:45,360
» Huh.
>> Um my answer Mr. Foster would be along

1308
02:10:42,560 --> 02:10:50,320
the lines of I understand your your
prior points about certain things were

1309
02:10:48,159 --> 02:10:54,719
potentially allowed through the planning
and zoning and building department. uh

1310
02:10:52,639 --> 02:10:58,159
full-blown building permits were not one
of those things. My understanding is

1311
02:10:57,119 --> 02:11:02,960
that some of those permits that were
allowed at that time were simply just to

1312
02:11:00,239 --> 02:11:06,960
perform some some upkeep and maintenance
type of things. Those are not full-blown

1313
02:11:05,280 --> 02:11:10,639
building permits to go out and let's say
construct a generator pad with chillers

1314
02:11:08,800 --> 02:11:14,480
out there. That is not a part of what
has been approved right now. So those

1315
02:11:12,800 --> 02:11:18,239
permits would have to get evaluated and
approved. Your your company would or

1316
02:11:16,159 --> 02:11:23,840
your your um client's company would have
to submit plans for that. uh if we put

1317
02:11:20,560 --> 02:11:28,400
in um stipulations uh based on uh a
decommissioning plan um that would have

1318
02:11:26,320 --> 02:11:32,000
to be submitted and approved as part of
this permit prior to being able to move

1319
02:11:30,000 --> 02:11:35,520
forward. So when I say conditions of
approval, there could be a few things

1320
02:11:33,840 --> 02:11:39,760
like that that might need to get
rectified first or evaluated first and

1321
02:11:37,760 --> 02:11:42,400
given a thumbs up before you can just go
back out there and start construction

1322
02:11:40,960 --> 02:11:46,719
again. And I just want to be sure we're
on the same page that if this is

1323
02:11:44,320 --> 02:11:49,920
approved today, hypothetically, that
tomorrow we wouldn't start seeing or or

1324
02:11:48,480 --> 02:11:53,040
Monday that those things will get taken
care of. That's that's my point.

1325
02:11:51,280 --> 02:11:57,199
» Commissioner, um I didn't fully
understand your question, so let me

1326
02:11:54,320 --> 02:12:03,119
answer um more clearly. Okay.
>> Uh there will be no construction on our

1327
02:11:59,920 --> 02:12:08,560
site without approved building permits.
It's my understanding that we have

1328
02:12:05,280 --> 02:12:15,599
submitted all building permits to the
county that are uh under review. Some of

1329
02:12:12,079 --> 02:12:22,320
them have frankly just been waiting for
a check the box of a zoning approval, a

1330
02:12:19,040 --> 02:12:29,520
USR approval. Uh and so those could be
issued relatively quickly. And so um you

1331
02:12:26,320 --> 02:12:34,159
know getting out onto the site soon is
again if full disclosure is a goal,

1332
02:12:31,760 --> 02:12:40,880
right? um but not without permits.
>> Um so I I will um endeavor to and and if

1333
02:12:39,040 --> 02:12:46,159
there is a condition around a
decommissioning, can we acknowledge that

1334
02:12:43,280 --> 02:12:51,599
a decommissioning is maybe a little bit
further off than the issuance of

1335
02:12:48,560 --> 02:12:56,719
building permits. Um and we would again
in good faith work with your staff in

1336
02:12:54,079 --> 02:13:02,000
putting together that language. Um that
works. Um and and you have my uh

1337
02:13:00,480 --> 02:13:06,239
assurance, you have my client's
assurance that we will do that um post

1338
02:13:04,960 --> 02:13:11,840
haste.
>> To that end, um and let me ask staff, we

1339
02:13:09,360 --> 02:13:15,280
uh condition uh simpler approvals all
the time on things like this on a road

1340
02:13:13,760 --> 02:13:21,280
maintenance agreement or or something
like that. Tell me how that I I mean,

1341
02:13:18,239 --> 02:13:25,440
bear in contrast for me uh David and
Angela. How would we move forward with

1342
02:13:23,520 --> 02:13:29,520
this type of condition? The USR must be
perfected. And I'm assuming we would not

1343
02:13:27,360 --> 02:13:34,320
perfect the USR until the condition of
approval is met.

1344
02:13:30,960 --> 02:13:38,400
» Yeah, we would we would add this in as a
1C. That would be prior to recording the

1345
02:13:36,560 --> 02:13:44,639
map. We would want a decommissioning
plan and the letter of credit or bond or

1346
02:13:42,480 --> 02:13:49,440
whatever it might be to be approved by
the board before we record the final

1347
02:13:47,280 --> 02:13:52,719
map, which would then be trigger the
approve release of the building permits,

1348
02:13:51,360 --> 02:13:58,320
that kind of thing. It would go in that
order.

1349
02:13:54,960 --> 02:14:01,920
the decommissioning
uh bonds do come before you. The

1350
02:14:00,239 --> 02:14:04,960
decommissioning plans come before you
and so you would have a chance to review

1351
02:14:03,520 --> 02:14:09,199
it
>> um you know at that normal

1352
02:14:06,159 --> 02:14:12,320
» and we vote on that to public meeting
>> and again going back to my point I mean

1353
02:14:10,960 --> 02:14:16,239
that takes time.
>> Yes. And so just to drive that home,

1354
02:14:14,560 --> 02:14:19,040
that's why I asked that question as far
as the conditions would need to be

1355
02:14:17,520 --> 02:14:23,840
satisfied prior to being able to
actually go out there and move forward

1356
02:14:20,960 --> 02:14:28,880
that
I mean from the insurance world,

1357
02:14:26,639 --> 02:14:32,719
we're creating something here now. You
got to find a bond market to handle

1358
02:14:30,960 --> 02:14:39,520
that.
>> I I'm just saying there's challenges

1359
02:14:35,840 --> 02:14:44,000
here. It's not as simple as we're making
it sound right here. And that's what I

1360
02:14:40,960 --> 02:14:48,320
was trying to communicate earlier. I'm
I'm not opposed to this. We have to

1361
02:14:46,880 --> 02:14:51,440
figure out if this is the route we're
going, which you guys are indicating

1362
02:14:49,599 --> 02:14:56,000
that's what you want to do. And I'm not
advocating against it, but I'm also

1363
02:14:53,119 --> 02:15:03,520
saying
how, right? I This isn't

1364
02:15:00,800 --> 02:15:06,639
I appreciate what we're saying.
>> It's complicated.

1365
02:15:04,320 --> 02:15:13,119
» It's complicated.
Please u let me offer up a suggestion.

1366
02:15:10,000 --> 02:15:19,679
uh bird in my ear. Um two things, one
would be putting a date upon which an

1367
02:15:17,599 --> 02:15:25,520
agreement is reached in terms of that
security um or we will be in violation

1368
02:15:22,639 --> 02:15:30,400
of the USR. So, it gives us the
opportunity to continue to move forward

1369
02:15:27,440 --> 02:15:37,040
building permits, construction, um,
while we're negotiating with your, uh,

1370
02:15:33,440 --> 02:15:41,360
staff on what that language for an
appropriate bond or decommissioning

1371
02:15:40,159 --> 02:15:45,679
would look like.
>> Well, and it dons on me that not only is

1372
02:15:43,920 --> 02:15:52,239
the bond an availability, it's an
irrevocable irrevocable letter of credit

1373
02:15:49,280 --> 02:15:55,920
as well, is it not? is is something that
we take in security for decommissioning

1374
02:15:54,159 --> 02:15:58,960
plants all the time.
>> Yes.

1375
02:15:56,400 --> 02:16:00,880
» Yes. Okay.
So, there's more than one option from a

1376
02:16:00,480 --> 02:16:03,119
standpoint.
>> There is and that's actually a good

1377
02:16:01,920 --> 02:16:07,679
point to bring in.
>> Financial security.

1378
02:16:06,000 --> 02:16:11,920
» Um
this brings us to the one remaining

1379
02:16:09,360 --> 02:16:17,280
stickler for me uh applicants and and
staff as well. Angela, I'm not going to

1380
02:16:14,159 --> 02:16:21,199
ask the pointed question again. If Mr.
Foster and the applicant have offered

1381
02:16:19,360 --> 02:16:26,880
that they're willing to abide by uh
215416C.

1382
02:16:23,360 --> 02:16:32,800
Uh I think that is a
a sound route. I'm assuming that that

1383
02:16:29,599 --> 02:16:38,559
becomes a development standard.
>> Yes, the development standard right now

1384
02:16:35,120 --> 02:16:40,240
that addresses the noise
>> is four. I believe

1385
02:16:39,519 --> 02:16:46,040
» four.
>> It's number four. And so we would just

1386
02:16:42,319 --> 02:16:46,040
need to modify that.

1387
02:16:46,080 --> 02:16:54,559
So instead of stating that that it
couldn't exceed the ambient level,

1388
02:16:50,960 --> 02:16:58,960
we would just need to reference 21
>> 516C.

1389
02:16:57,519 --> 02:17:03,240
That's the oil and gas one, right?
>> Mhm.

1390
02:16:59,439 --> 02:17:03,240
» Mhm. Oh,

1391
02:17:04,160 --> 02:17:09,359
» or do we leave it as is because it
mirrors the oil and gas?

1392
02:17:07,679 --> 02:17:12,960
As I'm reading it, I mean, I circled
this to have a a discussion on on the

1393
02:17:11,519 --> 02:17:17,359
development standard number four,
Angela, because as I'm reading it, um,

1394
02:17:15,679 --> 02:17:22,800
even though maybe in the code it's a
little ambiguous, you do say does not

1395
02:17:20,800 --> 02:17:27,200
exceed the ambient noise level. So, it
says it in the development standard. So,

1396
02:17:24,399 --> 02:17:30,800
in in essence, it's incorporating it.
>> So, the development standard reflects

1397
02:17:29,519 --> 02:17:33,120
this particular code is what you're
saying.

1398
02:17:31,040 --> 02:17:41,120
» My my opinion, it does. However, I would
I would uh not be one to necessarily um

1399
02:17:37,760 --> 02:17:44,960
be in favor of the rest of that sentence
which says shall implement additional

1400
02:17:43,439 --> 02:17:50,000
mitigation if monitoring shows an
exceedence attributable to the facility

1401
02:17:48,240 --> 02:17:53,519
because the exceeding we're saying that
they have they cannot exceed the ambient

1402
02:17:51,760 --> 02:17:56,160
noise level and by saying the rest of
that sentence you're saying they can

1403
02:17:54,880 --> 02:17:58,240
exceed it but then they'd have to
implement additional mitigation

1404
02:17:57,519 --> 02:18:04,479
standards
>> and I would not be in favor of that. I

1405
02:17:59,920 --> 02:18:07,439
would say no just up to ambient is it
>> find that's fine

1406
02:18:05,519 --> 02:18:12,160
» the ambient that's been recorded.
>> So in development standard 4 the last

1407
02:18:10,399 --> 02:18:15,840
comma just strike everything after that
comma is what you're saying

1408
02:18:13,120 --> 02:18:19,120
» we're baseline ambient C weighted noise
just strike the rest

1409
02:18:17,760 --> 02:18:23,280
» and we might need to reference the noise
plan in there because that is what shows

1410
02:18:20,719 --> 02:18:28,719
the ambient noise levels but there it's
the ambient noise level has been fully

1411
02:18:26,559 --> 02:18:34,080
» I guess documented. Thank you for that.
Um and so that exceedence should not be

1412
02:18:31,359 --> 02:18:37,599
allowed
my opinion

1413
02:18:34,800 --> 02:18:41,040
» but okay I'm asking for clarification.
>> Yeah

1414
02:18:38,080 --> 02:18:45,359
» we saw variations in the ambient level.
If you take that southeast corner like I

1415
02:18:42,639 --> 02:18:52,319
brought up before it recorded between 80
to 100 dbc I believe right which one are

1416
02:18:49,519 --> 02:18:57,359
we referring to? That's the reason I
asked about

1417
02:18:53,200 --> 02:19:04,639
» that's why your oil and gas one seems to
apply more directly to it. And that's

1418
02:19:01,120 --> 02:19:11,359
why I'm just I'm asking if it's not more
appropriate.

1419
02:19:06,319 --> 02:19:15,760
The the oil and gas one though uh 215416
C3 talks about no exceedence over the

1420
02:19:13,920 --> 02:19:19,359
documented ambient. Yep.
>> And in the case of the slide that was

1421
02:19:17,679 --> 02:19:23,120
shown from staff where it's you have
numbers in parentheses. I would ignore

1422
02:19:21,120 --> 02:19:26,639
those. I would I would say the number
that is that is that's why I asked um

1423
02:19:25,280 --> 02:19:30,960
are you taking the more conservative
number on this and you said yes. That

1424
02:19:29,120 --> 02:19:36,639
more conservative number if it was 80 to
100 and you put 80 on there 80 is what

1425
02:19:34,240 --> 02:19:40,240
would be the documented level that I'm
referencing.

1426
02:19:38,240 --> 02:19:44,160
Does that make sense?
>> Yeah. And I guess they can prove

1427
02:19:42,160 --> 02:19:48,399
throughout their sound stuff whether
it's them attributing it or outside

1428
02:19:46,800 --> 02:19:53,520
source attributing it. Correct.
>> I Yes. I'm I'm saying yes for my

1429
02:19:52,080 --> 02:19:56,479
» I can agree I can agree to this as
you're saying I'm just making sure I

1430
02:19:55,200 --> 02:20:00,000
understand and clear.
>> And there's other points along that

1431
02:19:57,680 --> 02:20:03,200
diagram that have different levels. One
of them was like 73 or something like

1432
02:20:01,520 --> 02:20:03,920
that. Well, that would be the level at
that.

1433
02:20:03,439 --> 02:20:06,399
» Okay.
>> Yeah.

1434
02:20:05,120 --> 02:20:11,200
» And I'm just spitballing here, but
that's kind of my where my mind is

1435
02:20:07,600 --> 02:20:15,040
going. So I wanted clarification. Stop
at the comma or refer it to the oil and

1436
02:20:14,319 --> 02:20:19,920
gas.
>> No, stop at the comma is what?

1437
02:20:16,560 --> 02:20:27,680
» Stop at the comma. Okay.
>> Standards or standards. Noise standards.

1438
02:20:23,040 --> 02:20:33,760
» Angela has something please. Angela,
>> if I may, the the code has a definition

1439
02:20:30,160 --> 02:20:37,600
of ambient noise level and that um says
to use the conservative lower number.

1440
02:20:36,880 --> 02:20:39,520
So
>> we have we have backup in the code for

1441
02:20:39,200 --> 02:20:44,319
that.
>> Well, then that keeps us in precedent.

1442
02:20:41,439 --> 02:20:48,240
» Yes. And and also further um supporting
this move is that um there's a state

1443
02:20:46,399 --> 02:20:52,000
statute that says that all sound level
measurements need to take into account

1444
02:20:49,760 --> 02:20:56,080
the ambient noise level. So anytime
we're doing measurements that's probably

1445
02:20:54,479 --> 02:20:59,200
I guess I should read it in what it
really says. In all sound level

1446
02:20:57,600 --> 02:21:02,960
measurements, consideration shall be
given to the effect of the ambient noise

1447
02:21:00,960 --> 02:21:07,680
level created by the encompassing noise
of the environment from all sources at

1448
02:21:04,880 --> 02:21:12,800
the time and place of such sound level
measurement. So

1449
02:21:10,560 --> 02:21:16,800
using an ambient
noise level is is at least supported by

1450
02:21:15,280 --> 02:21:20,840
state statute even if we don't have a
specific measure in our own code.

1451
02:21:22,240 --> 02:21:30,399
Do you believe that if we were to stop
it at the comma and delete the rest of

1452
02:21:27,520 --> 02:21:34,479
that that that would include what we are
talking about here?

1453
02:21:31,760 --> 02:21:37,680
» Yes. Because you know if if they are in
violation of any of their development

1454
02:21:36,080 --> 02:21:40,880
standards, they would have to come into
compliance with the de development

1455
02:21:39,200 --> 02:21:44,479
standard.
>> Okay.

1456
02:21:42,000 --> 02:21:47,520
» So the idea that they might have to add
mitigation if something's wrong goes

1457
02:21:46,720 --> 02:21:49,680
without saying.
>> Okay.

1458
02:21:48,080 --> 02:21:54,160
» Okay.
Thank you.

1459
02:21:52,880 --> 02:21:57,560
» Additional comments or questions for
staff, please.

1460
02:21:59,040 --> 02:22:03,280
» Go ahead, Commissioner Max.
>> Well, I just there's a couple other that

1461
02:22:02,080 --> 02:22:07,200
the applicants said that they would be
okay with including and so Angela, I

1462
02:22:05,920 --> 02:22:11,439
would think you and David probably wrote
these down as well, but they committed

1463
02:22:08,560 --> 02:22:17,120
to having ongoing noise monitoring.
>> Um, I just for again sake of discussion,

1464
02:22:14,319 --> 02:22:22,000
I'm don't know what that means. Is that
24/7 forever until they're not there

1465
02:22:20,000 --> 02:22:27,920
anymore or is this going to be until
they prove that this does not surpass

1466
02:22:26,240 --> 02:22:31,920
any noise regulations? So, there's that
question to consider. Um, and then they

1467
02:22:30,399 --> 02:22:36,080
also talked about they'd be okay to a
closed loop stipulation. So, I'm just

1468
02:22:33,840 --> 02:22:39,760
bringing these up because these would if
we agreed to them, they would be needing

1469
02:22:38,399 --> 02:22:42,880
to be included into the development
standards. Correct.

1470
02:22:40,960 --> 02:22:46,640
» So, do you have language um that you're
thinking about to propose for those?

1471
02:22:44,640 --> 02:22:50,399
Yes, you could you could put a
development standard that says that the

1472
02:22:48,080 --> 02:22:54,720
noise will be monitored on site. We have
had that on other sites, usually our

1473
02:22:52,319 --> 02:22:59,680
mines or bash plants, something like
that.

1474
02:22:55,600 --> 02:23:04,000
» Uh and we don't review the records
regularly, but if we get a complaint, we

1475
02:23:01,840 --> 02:23:09,200
have been able to go to those operators
and say, you know, show me your records.

1476
02:23:07,520 --> 02:23:14,399
And
so it does help us.

1477
02:23:12,560 --> 02:23:16,720
» Mr. Katigan.
>> Katigan.

1478
02:23:15,120 --> 02:23:19,520
» Kat Katigan.
>> Let's get closer.

1479
02:23:17,680 --> 02:23:25,359
» Remember Paddington Bear struggling?
>> Oh, now I won't forget.

1480
02:23:22,560 --> 02:23:28,640
» That's me.
>> Pattington.

1481
02:23:26,080 --> 02:23:32,880
» You had made a a comment in your opening
presentation that you have on your other

1482
02:23:30,640 --> 02:23:37,680
location this type of noise monitoring
and you have the ability to make that

1483
02:23:35,600 --> 02:23:41,680
monitoring forward facing. I
>> I want to be very clear, sir. Okay.

1484
02:23:39,280 --> 02:23:44,399
» The monitoring we have is here at this
facility.

1485
02:23:42,319 --> 02:23:45,280
» Okay. We do not have it in the New York
facility.

1486
02:23:44,880 --> 02:23:48,000
» Okay.
>> There's no stipulation that we would

1487
02:23:46,960 --> 02:23:52,399
deed it.
>> So, we do not have it. We bought this

1488
02:23:50,720 --> 02:23:57,200
equipment
specifically because of the noise

1489
02:23:54,000 --> 02:24:01,920
standard and we were anticipating the
ambient discussion. And when you all

1490
02:24:00,000 --> 02:24:06,479
have a moment to come take a look at
this equipment and what it can do, I

1491
02:24:04,240 --> 02:24:11,280
welcome you to visit because in some of
the noise discussions I'm sure you have

1492
02:24:08,240 --> 02:24:15,760
in other applications, this equipment is
extremely technically sound. The

1493
02:24:14,160 --> 02:24:21,120
stipulation to monitor, we're going to
monitor and set clip levels. So if we

1494
02:24:18,160 --> 02:24:26,319
see a rise getting close to the limit
point, we'll know immediately. It'll

1495
02:24:23,359 --> 02:24:30,160
send an alarm to your phone. I don't
want to send it to your phone, but it'll

1496
02:24:28,000 --> 02:24:36,720
send an alarm to your phone and it will
say station 4 above noise set point.

1497
02:24:33,680 --> 02:24:40,319
That's how good this stuff is.
Just in in full disclosure, here's where

1498
02:24:38,399 --> 02:24:44,240
my head goes. The comments that I've
heard largely from the public both today

1499
02:24:42,080 --> 02:24:49,280
and in in written comment are concerns
about uh uh power, water, and noise. My

1500
02:24:47,359 --> 02:24:53,280
concern with waters is is addressed
especially if we make a closed loop

1501
02:24:52,160 --> 02:24:59,439
system which you said you're willing to
do a development standard which I would

1502
02:24:55,680 --> 02:25:03,600
be a proponent of. Um uh power is the
other conversation I've heard. Uh the

1503
02:25:01,040 --> 02:25:09,359
the Buddha Valley Rea will serve letter
for all its u uh all its constrnation as

1504
02:25:07,840 --> 02:25:14,319
your attorney pointed out is is a
private matter and uh I am satisfied by

1505
02:25:12,479 --> 02:25:17,439
that. So then my next biggest concern
and the thing that I've heard the most

1506
02:25:15,439 --> 02:25:23,439
about from public comment and and and
email comments is is the noise standard.

1507
02:25:20,720 --> 02:25:29,760
And so I am getting confident that the
noise standard can be uh complied with.

1508
02:25:26,479 --> 02:25:34,800
But I would like that a forward- facing
application. Is there something that via

1509
02:25:32,160 --> 02:25:39,520
the website, most likely processed by a
data center, ironically,

1510
02:25:37,040 --> 02:25:44,880
um that the public can look at the at
the readings on this particular site?

1511
02:25:42,880 --> 02:25:49,040
» Let me let me take that into
consideration on the access points and

1512
02:25:47,680 --> 02:25:53,200
certainly want to make sure you're
comfortable with how we release that

1513
02:25:51,200 --> 02:25:59,040
» before we do it.
I don't initially know that we'd have an

1514
02:25:55,439 --> 02:26:02,960
issue with it, but it will trip some of
the noise that the neighbors are

1515
02:26:00,640 --> 02:26:06,720
creating. So, it could be something that
people come and say, "What's going on on

1516
02:26:05,600 --> 02:26:09,359
the east side of the complex?"
>> Sure.

1517
02:26:07,280 --> 02:26:13,680
» Right. And it very well could be deemed
out that it's something that tripped. It

1518
02:26:11,920 --> 02:26:18,720
is off site. I I understand that. We see
that all the time that it's it's that

1519
02:26:16,720 --> 02:26:23,200
alarm went off but we can prove fairly
easily that it was not necessarily the

1520
02:26:20,479 --> 02:26:27,359
response of uh the responsibility rather
of of the particular site that we're

1521
02:26:25,439 --> 02:26:33,040
monitoring. So it could be the case here
as well but uh looking for that public

1522
02:26:30,800 --> 02:26:37,040
certainty I I guess that is is something
that I would be curious about. Okay.

1523
02:26:35,040 --> 02:26:43,760
» I owe you a followup.
>> I I don't agree with that. Okay. I think

1524
02:26:39,920 --> 02:26:48,640
uh the monitoring is their complaint
gets arisen then it's their burden of

1525
02:26:46,880 --> 02:26:54,000
proof to show it was theirs or not but
to have a continual outward facing deal

1526
02:26:51,280 --> 02:26:56,960
I I I I'm not in agreement with that Mr.
J

1527
02:26:54,240 --> 02:26:59,280
» I understand the trepidation
>> I am looking for a certain amount of

1528
02:26:58,240 --> 02:27:07,200
public certainty yes
>> u Mr. Chair, I was just uh seeing that

1529
02:27:02,160 --> 02:27:12,040
uh legal was um intending to um say
something here it looked like to address

1530
02:27:09,040 --> 02:27:12,040
that.

1531
02:27:12,960 --> 02:27:22,560
» I I have um done a outward facing uh
noise. Um it is uh you know I think that

1532
02:27:21,040 --> 02:27:28,000
there are some parameters that you'd
want to maybe ensure around it and maybe

1533
02:27:25,040 --> 02:27:29,760
it's outward facing to the county um but
not necessarily

1534
02:27:28,800 --> 02:27:34,399
» I'd be agreeable to that.
>> Yeah. So the county can see it but it it

1535
02:27:32,160 --> 02:27:37,520
doesn't have to be for you know full
public uh exposure.

1536
02:27:36,319 --> 02:27:44,280
» I would be agreeable to that.
>> I'd be grateful to that. Sounds like a

1537
02:27:40,720 --> 02:27:44,280
good middle.

1538
02:27:44,319 --> 02:27:50,640
» Hey board thoughts on uh how we move
forward here? Mr. taxi.

1539
02:27:48,080 --> 02:27:56,399
» Well, I'm just I'm I I hear what you
said a second ago. Um I thought I heard

1540
02:27:54,479 --> 02:28:01,040
at one point that PVRA was in the
audience

1541
02:27:58,000 --> 02:28:05,760
and if the board would entertain having
somebody just come up and if the experts

1542
02:28:03,040 --> 02:28:10,319
in the room and we just get it it on the
record for what they submitted as part

1543
02:28:08,000 --> 02:28:13,960
of their will serve, I don't think
that'd be a bad idea.

1544
02:28:17,920 --> 02:28:21,479
Hey, PTRE.

1545
02:28:22,399 --> 02:28:27,359
What's that?
>> Thank you, sir. Uh, your name and

1546
02:28:26,080 --> 02:28:32,160
address for the record if you'd be so
kind.

1547
02:28:27,680 --> 02:28:37,520
» Yeah. Um, John Bowerfind and uh 7649 Rea
Parkway when

1548
02:28:35,439 --> 02:28:41,600
» by no means, sir, do I want to try to
get you in any sort of legal issues. So,

1549
02:28:39,680 --> 02:28:44,960
whatever you cannot say due to pending
litigation, I understand. But if you're

1550
02:28:43,680 --> 02:28:47,359
here, that's you've been one of the
biggest points of conversation today. I

1551
02:28:46,399 --> 02:28:51,280
didn't know if you had anything you
wanted to add to the conversation as far

1552
02:28:49,040 --> 02:28:54,960
as addressing any of the of the concern
or addressing uh the fact that you

1553
02:28:53,600 --> 02:28:59,120
operate within a designated service
territory and and you know the the need

1554
02:28:57,200 --> 02:29:04,880
to provide power as part of just baked
into your company or anything like that.

1555
02:29:01,680 --> 02:29:09,600
» Well, sure. There's um
there's been a lot of armchair experts

1556
02:29:07,439 --> 02:29:14,319
uh today with power grid and I'm
probably the only one in the room that

1557
02:29:11,520 --> 02:29:17,760
works for a utility. So there's probably
some things that need to uh be cleared

1558
02:29:16,080 --> 02:29:22,399
up.
Um

1559
02:29:19,680 --> 02:29:29,280
there was a willer letter provided. It
was on February 27th.

1560
02:29:26,880 --> 02:29:33,840
A different letter had been referenced
several times today. That was not a

1561
02:29:30,960 --> 02:29:41,600
Wilson letter. That was an availability
of power letter

1562
02:29:35,840 --> 02:29:48,399
which provided global AI the capacity
that Pter Valley had available to serve

1563
02:29:44,080 --> 02:29:53,920
them over the next several years. So um
the will serve letter was a standard

1564
02:29:50,080 --> 02:30:03,200
letter that's been utilized for years
for projects never had a issue in the

1565
02:29:56,640 --> 02:30:07,520
past for uh what was um submitted. Um
there's certainly been some questions

1566
02:30:05,680 --> 02:30:12,560
about reliability
as well on the grid. I I heard many many

1567
02:30:09,840 --> 02:30:19,040
here are served by Excel Energy not Pter
Valley. Um, Puda Valley is not Excel

1568
02:30:16,399 --> 02:30:24,800
Energy. We we we're we we have different
standards that we operate by. We have

1569
02:30:21,520 --> 02:30:31,120
the lowest rates in the state. We have
some of the highest reliability as well.

1570
02:30:27,760 --> 02:30:38,319
We have not experienced blackouts um and
brown outs and uh um

1571
02:30:34,960 --> 02:30:44,640
resiliency issues.
Um

1572
02:30:41,280 --> 02:30:50,319
we we we we we take that very important
at Pter Valley when large loads want to

1573
02:30:47,680 --> 02:30:56,880
come on the system to do the
transmission studies to make sure that

1574
02:30:53,280 --> 02:31:05,920
adequate power is available and at this
site we have performed those studies and

1575
02:31:01,200 --> 02:31:10,560
power will not be um for existing
members of Pter

1576
02:31:08,640 --> 02:31:16,880
operating their facilities at their
levels. There's going to be no change in

1577
02:31:13,520 --> 02:31:23,920
service for them by the addition of
global AI. Um

1578
02:31:20,640 --> 02:31:30,479
the there there there is limited
capacity over the next few years which

1579
02:31:26,399 --> 02:31:35,760
is why we see the availability dropping
over the next few years until system

1580
02:31:32,640 --> 02:31:40,880
upgrades can be built. Global AI has
accepted those and they will work within

1581
02:31:38,399 --> 02:31:47,520
those constraints.
Um, one of the really founding

1582
02:31:44,319 --> 02:31:56,000
philosophies for Pter Valley which helps
us keep our rates the lowest in the

1583
02:31:50,720 --> 02:32:01,120
state is new load pays its own way.
Once they pay the way to get hooked up

1584
02:31:58,720 --> 02:32:06,160
to the system, they can enjoy the same
low rates that everybody else does, but

1585
02:32:04,479 --> 02:32:11,200
to get hooked to the system, that's not
going to be on the backs of all of our

1586
02:32:08,640 --> 02:32:18,000
members. That that that's on them and
they will need to incur any costs um

1587
02:32:14,960 --> 02:32:24,880
that do incur in the future or hooking
up any loads. I I can't address too much

1588
02:32:21,520 --> 02:32:30,160
the area of the private agreements. Huda
Valley will supply the power to their

1589
02:32:27,840 --> 02:32:37,040
electrical meter which I heard reference
is in their C33 building. We have

1590
02:32:32,800 --> 02:32:42,800
existing meters. We'll be able to supply
what was in the availability of power

1591
02:32:38,880 --> 02:32:46,720
letter to them um uh o over the next few
years. What they do with it that's

1592
02:32:44,479 --> 02:32:51,280
that's between them and whatever other
parties

1593
02:32:48,240 --> 02:32:56,960
are involved with um getting it to their
facility from C33.

1594
02:32:55,200 --> 02:33:00,720
um
be happy to take any specific questions

1595
02:32:59,040 --> 02:33:03,200
that you have
>> about the grid.

1596
02:33:01,680 --> 02:33:04,720
» I just want to thank you for addressing
it.

1597
02:33:04,240 --> 02:33:08,560
» Good.
>> Very complete for me.

1598
02:33:07,040 --> 02:33:11,840
» Additional questions, Commissioner Max?
>> No additional question. I appreciate you

1599
02:33:10,160 --> 02:33:15,920
kind of giving just a a broad answer to
that and and certainty and and um a

1600
02:33:14,319 --> 02:33:19,600
little bit of clarity to the different
letters that we received. But I do just

1601
02:33:17,760 --> 02:33:24,319
want to key on key in on one point.
Repeat what you said as far as um the

1602
02:33:22,240 --> 02:33:30,560
any sort of new infrastructure or
electrical upgrades that any any uh

1603
02:33:27,600 --> 02:33:35,840
potential uh member wants to have or to
hook into PVREA is not born on the backs

1604
02:33:33,359 --> 02:33:41,040
of existing rateayers. That
infrastructure upgrade or new

1605
02:33:38,399 --> 02:33:43,439
installation is borne by the applicant
and then they get into the general rate

1606
02:33:42,560 --> 02:33:47,680
base. Correct.
>> That is correct. All right. Thank you,

1607
02:33:44,720 --> 02:33:47,680
sir.

1608
02:33:48,880 --> 02:33:55,840
What is the direction of the board? Uh
here's chair's intention that we discuss

1609
02:33:52,880 --> 02:33:59,760
any desired uh uh conditions of approval
or development standards that we would

1610
02:33:57,280 --> 02:34:03,520
like our staff to add. We take a
15-minute recess to give them a moment

1611
02:34:01,600 --> 02:34:07,200
or two to draft that language. We come
back and consider that language. If we

1612
02:34:05,120 --> 02:34:11,359
make any changes to the resolution,
those changes and the changes only will

1613
02:34:09,520 --> 02:34:15,680
be open to to public comment at that
time. Uh what would the board like uh

1614
02:34:14,240 --> 02:34:18,680
our staff to consider from a language
standpoint?

1615
02:34:20,160 --> 02:34:25,280
» Uh Mr. Chair,
>> please.

1616
02:34:22,800 --> 02:34:29,120
» So I think we already
are we going into page 10. Is that can

1617
02:34:28,479 --> 02:34:32,720
we talk?
>> If you want to do as what we normally do

1618
02:34:31,200 --> 02:34:35,600
and flip through the conditions of
approval and development standards, that

1619
02:34:34,240 --> 02:34:40,240
would be probably appropriate at this
time. wondering if we go ahead and

1620
02:34:37,040 --> 02:34:43,040
debate that right now as well and then
look to any potential additions and

1621
02:34:42,080 --> 02:34:49,439
discussion about that.
>> Okay. Uh let's start then with

1622
02:34:45,760 --> 02:34:52,080
conditions of approval on page 10 uh of
the resolution.

1623
02:34:50,319 --> 02:34:54,479
» So my first Mr. Chair,
>> please.

1624
02:34:52,640 --> 02:35:00,399
» My first question, Mr. Chair, would be
to our staff. Um and that would be under

1625
02:34:57,439 --> 02:35:05,760
conditions conditions of approval 1A due
to you switched seats on me. I was

1626
02:35:03,120 --> 02:35:10,560
looking over here Desert and Angela
moved. Uh conditions of conditions of

1627
02:35:08,479 --> 02:35:13,680
approval under 1A with the new
information that you presented during

1628
02:35:12,240 --> 02:35:18,960
your testimony at the very beginning,
Angela, that date needs to potentially

1629
02:35:16,240 --> 02:35:23,520
change. Is that right?
>> Yes, but also we have the agreement.

1630
02:35:21,920 --> 02:35:27,280
» We have the agreement. So that could
almost be

1631
02:35:25,280 --> 02:35:29,520
» We don't need it anymore.
>> Okay. This could be removed potentially.

1632
02:35:29,040 --> 02:35:33,920
» Correct.
>> Okay.

1633
02:35:31,920 --> 02:35:37,920
board agreement with having that
>> if we already have the agreement

1634
02:35:36,160 --> 02:35:41,600
» struck is what it is.
>> I would agree with that.

1635
02:35:39,760 --> 02:35:44,399
» Okay.
So, the letter is in hand for the

1636
02:35:43,040 --> 02:35:46,319
record. Letter is in hand.
>> Yes.

1637
02:35:44,800 --> 02:35:51,200
» No longer needed to be a condition of
approval. Okay.

1638
02:35:49,520 --> 02:35:56,680
» Mr. Maxi, you have move.
>> I see B is already on here, which is one

1639
02:35:52,960 --> 02:35:56,680
of the things we talked about,

1640
02:35:56,960 --> 02:36:02,080
which that does address the multiple
ways that that could be secured.

1641
02:36:00,960 --> 02:36:05,399
I don't know if that addresses
Commissioner Ross's

1642
02:36:07,200 --> 02:36:10,560
question.
>> Mr. Foster, if you could, as we just

1643
02:36:09,040 --> 02:36:14,160
kind of do this, if you would kindly
come forward and say, I'm I'm assuming

1644
02:36:12,479 --> 02:36:19,960
that you're agreeable to to the first
letter being struck from the condition

1645
02:36:16,399 --> 02:36:19,960
of approval court.

1646
02:36:22,080 --> 02:36:29,640
» I'm good with B's
thoughts on condition of approval. Be

1647
02:36:26,640 --> 02:36:29,640
there.

1648
02:36:31,200 --> 02:36:37,040
They're they're submitting their USR map
standard. Sorry.

1649
02:36:35,520 --> 02:36:40,520
» Well, the new
>> Oh, I'm sorry.

1650
02:36:43,439 --> 02:36:47,240
» I'm fine with that language.

1651
02:36:47,359 --> 02:36:50,600
» That's fine.

1652
02:36:54,160 --> 02:36:59,479
Yes, Mr. Fer
with this language.

1653
02:37:04,000 --> 02:37:08,200
We're looking at B.
>> Yes.

1654
02:37:11,200 --> 02:37:21,120
I This is where I would just like to
maybe add within six months. um have

1655
02:37:18,399 --> 02:37:26,800
that so that we're not debating for
months what that decommissioning plan

1656
02:37:23,600 --> 02:37:29,439
that nobody on this dis and the staff
have an idea as to what that's going to

1657
02:37:28,319 --> 02:37:34,160
look like
>> and I don't want to delay

1658
02:37:32,080 --> 02:37:40,880
uh the construction
um by talking about how we're going to

1659
02:37:37,280 --> 02:37:45,439
decommission. Um, so
>> I'm good with time bound and specific. I

1660
02:37:43,200 --> 02:37:50,280
am okay with that. I would look to staff
to see if

1661
02:37:46,479 --> 02:37:50,280
» if that is a

1662
02:37:50,319 --> 02:37:57,040
David Angela
>> within six months.

1663
02:37:54,720 --> 02:38:04,080
» Sure. It could be a two instead of a 1
C. Could be two prior or within six

1664
02:38:00,560 --> 02:38:07,080
months. the applicant shell 6 months of
today.

1665
02:38:08,960 --> 02:38:14,160
» That's fine.
>> Therefore, once number one, which only

1666
02:38:12,080 --> 02:38:19,600
has now the uh recording of the map,
once that is done, then certain permits

1667
02:38:17,120 --> 02:38:22,640
could potentially be released and it's
not dependent on two because two would

1668
02:38:21,280 --> 02:38:27,160
have a six-month time period.
>> Correct. Just making sure I understand.

1669
02:38:29,280 --> 02:38:37,920
» Mr. from Maxi, would you like to clarify
that uh what is 1A now is uh conditioned

1670
02:38:35,280 --> 02:38:41,439
upon that needs to be done and recorded
prior to release of building permits

1671
02:38:40,080 --> 02:38:44,240
just so there's that clarity.
>> Well, I think I think number one

1672
02:38:43,280 --> 02:38:46,640
mentions that, right?
>> Sure. Yeah.

1673
02:38:44,800 --> 02:38:49,640
» Okay.
Yes.

1674
02:38:49,840 --> 02:38:57,840
So, I think the verbiage in number one
actually mentions what uh letter A is

1675
02:38:55,680 --> 02:39:01,520
intended to do. But I do think that the
red lettering that is now being

1676
02:38:59,520 --> 02:39:04,840
formatted should be its own number.
Number number two.

1677
02:39:17,920 --> 02:39:24,800
» Yeah, it should be separate. I
>> agreed.

1678
02:39:22,880 --> 02:39:31,840
We're good. Okay. Okay.
>> Thank you. development

1679
02:39:27,840 --> 02:39:36,160
standards. We have uh
talked about number four. Angela, please

1680
02:39:34,800 --> 02:39:39,439
turn your mic up.
>> One of the things we weren't sure about

1681
02:39:37,520 --> 02:39:43,120
was whether or not you wanted the
continuous noise moni monitoring. We

1682
02:39:41,520 --> 02:39:46,600
could add that to number four or we
could leave it off.

1683
02:39:52,640 --> 02:39:58,800
We're not saying we want them to submit
anything to us. It's just they would

1684
02:39:57,120 --> 02:40:02,319
monitor it and if there's a complaint or
question at any time, we would ask them

1685
02:40:00,479 --> 02:40:07,359
for it and they would need to provide it
>> and we'll make said records available to

1686
02:40:04,000 --> 02:40:10,399
the county uh at a reasonable request.
>> That that would be our intent. Yes.

1687
02:40:09,359 --> 02:40:15,040
» I see it's not
>> perfect. I I will agree with that.

1688
02:40:13,439 --> 02:40:18,080
» I'd agree with it. I I actually think
that it needs to be its own number

1689
02:40:16,560 --> 02:40:22,399
though, but that's just a personal
opinion. Um, if it's not, it's not going

1690
02:40:20,800 --> 02:40:25,120
to
>> derails it.

1691
02:40:23,120 --> 02:40:29,600
» Uh, it does not derail it at all. Um, I
do question though, I know we were

1692
02:40:27,520 --> 02:40:33,120
considering deleting the language in
blue.

1693
02:40:31,200 --> 02:40:36,160
I would feel more confident if we even
though we're saying not to exceed the

1694
02:40:34,319 --> 02:40:41,760
ambient noise level. I would feel more
confident if it was a little bit more

1695
02:40:37,680 --> 02:40:45,520
defined to say as shown in the attached
noise study or Angela the map that you

1696
02:40:43,920 --> 02:40:50,080
showed during your presentation. If we
could define where we're pointing back

1697
02:40:47,600 --> 02:40:53,920
to to show that ambient then I would
feel more comfortable.

1698
02:40:51,439 --> 02:40:56,560
» Sure. We could say as documented by the
ambient noise analysis.

1699
02:40:55,680 --> 02:40:59,280
» That would be fine.
>> Submitted with the application.

1700
02:40:58,080 --> 02:41:03,600
» That's good.
>> I'm I'm okay with that. Okay.

1701
02:41:03,359 --> 02:41:08,200
» Good.
>> Good. Good. Yeah. Good. Good.

1702
02:41:09,280 --> 02:41:12,280
Okay.

1703
02:41:16,800 --> 02:41:21,520
» Commissioner James, are you going to
advocate to install or put something in

1704
02:41:19,760 --> 02:41:25,920
here about a closed loop installation?
>> I I would ask that that be added. Um

1705
02:41:24,240 --> 02:41:30,560
applicant has deemed willing and and I
would appreciate that certainty.

1706
02:41:28,560 --> 02:41:35,040
So, whoever uh planning staff deems that
appropriate.

1707
02:41:32,080 --> 02:41:39,160
» 12. Just dwell if that's fine or
wherever it makes most sense.

1708
02:41:39,840 --> 02:41:43,720
David thoughts or anything?

1709
02:41:47,280 --> 02:41:55,880
» If no preference
>> don't care. Neither do I. Just put it in

1710
02:41:51,040 --> 02:41:55,880
there. So 12 is fine. Esther

1711
02:42:04,880 --> 02:42:11,680
system.
>> I'm sure there better words that

1712
02:42:10,080 --> 02:42:14,479
» chairman, would you mind restating for
Esther so she can type that accurately

1713
02:42:13,600 --> 02:42:17,760
into the record?
>> I'm looking for direction from

1714
02:42:16,160 --> 02:42:21,280
professional staff.
>> I I want a closed loop system. Let's

1715
02:42:20,080 --> 02:42:24,800
somehow get that in there.
>> Let's let's put it in between nine and

1716
02:42:22,960 --> 02:42:29,880
10 just to keep we usually keep that
those last two at the bottom. Okay.

1717
02:42:26,880 --> 02:42:29,880
Okay.

1718
02:42:33,359 --> 02:42:44,960
We can just clarify that the applicant
will only build in all of their phases

1719
02:42:40,240 --> 02:42:50,479
a closed a closed loop non-eaporative
data center chilling system.

1720
02:42:47,520 --> 02:42:53,479
» A closed loop chilled water system.
Okay.

1721
02:42:54,720 --> 02:42:57,720
encapsulates

1722
02:43:02,800 --> 02:43:07,760
all the
>> discussion that it occurred prior. Am I

1723
02:43:06,800 --> 02:43:10,800
incorrect?
>> All I had

1724
02:43:09,439 --> 02:43:14,000
» that's all I had noted.
>> That's all I had.

1725
02:43:11,760 --> 02:43:17,840
» Can we just remove the non-eaporative?
Okay.

1726
02:43:14,560 --> 02:43:20,800
» Yeah, I think that's
>> just out of curiosity, is there such

1727
02:43:19,359 --> 02:43:24,399
thing as a closed loop evaporative
system?

1728
02:43:22,160 --> 02:43:30,880
» You have some
You vest you best an engineer. So

1729
02:43:28,160 --> 02:43:35,040
» I'm just wondering
>> typically you'd say no. Logic kind of

1730
02:43:33,600 --> 02:43:39,600
voids, right?
>> But there is some level of evaporation

1731
02:43:37,680 --> 02:43:46,319
that just could occur in the system. So
putting that in as a forced element is

1732
02:43:42,720 --> 02:43:50,080
advisable. Not 100% closed loop 100% to
that statement. 100% that's the way

1733
02:43:48,000 --> 02:43:55,840
we're going to build.
And I did mention it in my opening

1734
02:43:52,560 --> 02:44:00,399
remarks, um, the construction company
we're using, you know, they have full

1735
02:43:58,000 --> 02:44:05,200
access to the latest equipment and from
a design standpoint, most efficient,

1736
02:44:03,359 --> 02:44:09,279
quietest, exactly what we do for
muffling, mufflers and sound walls and

1737
02:44:07,520 --> 02:44:13,720
everything. So, I don't think you're
going to be disappointed in what we

1738
02:44:10,720 --> 02:44:13,720
deliver.

1739
02:44:15,439 --> 02:44:18,439
Anything

1740
02:44:21,439 --> 02:44:24,439
else?

1741
02:44:27,279 --> 02:44:30,279
» Um,

1742
02:44:31,120 --> 02:44:37,760
Mr. Poster, the next thing that we need
to do according to our process is to

1743
02:44:35,359 --> 02:44:43,439
open it up to the uh uh public for
comments on the changes only. Uh, which

1744
02:44:41,040 --> 02:44:48,319
we will do after a 10-minute bio break
if we could. Uh we will return at 4:42

1745
02:44:46,880 --> 02:44:51,479
please.
>> Thank you.

1746
02:54:45,920 --> 02:54:50,359
Okay, let's come back to order, please.

1747
02:54:56,399 --> 02:55:04,479
Okay, Esther, our clerk to the board,
has placed on the screen the uh uh very

1748
02:55:02,399 --> 02:55:07,920
limited changes we made to the
conditions of approval and development

1749
02:55:05,920 --> 02:55:14,960
standards. Esther, if you'd scroll up a
little bit, there is one change to

1750
02:55:10,880 --> 02:55:19,840
conditions of approval, I believe. Um,
the two changes we struck the one

1751
02:55:16,720 --> 02:55:24,880
condition and added the the number two
there and, uh, on down under development

1752
02:55:22,399 --> 02:55:29,920
standards. Uh, if you would kindly
scroll down, uh, we made that one change

1753
02:55:27,279 --> 02:55:34,960
to development standard 4. Uh, we will
open for public comments. Your comments

1754
02:55:32,560 --> 02:55:40,720
can be limited only to the changes that
we made. We will offer three minutes.

1755
02:55:37,040 --> 02:55:45,279
Again, uh I'm done using the gavl today.
So, please kindly keep your uh uh

1756
02:55:43,120 --> 02:55:49,920
comments to the only changes that are
made and uh you will be given three

1757
02:55:48,479 --> 02:55:54,720
minutes to express your comments on
those changes. So, this is public

1758
02:55:52,000 --> 02:56:00,040
hearing. Chair would open the um meeting
to comments from the uh public regarding

1759
02:55:57,040 --> 02:56:00,040
USR26-0019,

1760
02:56:00,319 --> 02:56:06,000
the changes only to the conditions of
approval and development standards. Any

1761
02:56:04,880 --> 02:56:07,920
comments from the public, please?
Please.

1762
02:56:06,399 --> 02:56:11,760
» Yes, I have a comment. Anyone else,
please line up behind me.

1763
02:56:09,760 --> 02:56:16,479
» Uh,
all right. My name is John D. Mateo.

1764
02:56:14,160 --> 02:56:21,200
Live at 689 Harvard Street. Johnston, I
think we're sort of neighbors. I see

1765
02:56:18,240 --> 02:56:29,319
you. Uh, Mr. Chairman, uh, can you
scroll up to the, uh, section about the,

1766
02:56:24,560 --> 02:56:29,319
uh, closed loop cooling, please?

1767
02:56:33,520 --> 02:56:41,279
This is insanely underspecified.
So the the concern of the board was

1768
02:56:38,960 --> 02:56:45,600
what? That evaporative coin would use
too much water, right?

1769
02:56:44,240 --> 02:56:49,200
Was that the concern? Is that why this
was added?

1770
02:56:46,240 --> 02:56:52,080
» I asked for a closed looped system to be
added. So that's that's what was added.

1771
02:56:51,359 --> 02:56:57,600
Thank you.
>> Okay. So

1772
02:56:55,439 --> 02:57:03,920
the applicants will only build in all of
their phases a closed loop chilled water

1773
02:57:00,000 --> 02:57:08,800
system. uh as as I think uh sorry
>> to address us to address the board

1774
02:57:06,560 --> 02:57:16,960
» the COO I believe uh I think he said
that there is some evapor evaporation in

1775
02:57:13,120 --> 02:57:22,399
in a closed loop u chilled water system
and also uh questions h how much water

1776
02:57:20,560 --> 02:57:26,560
will be used and and specifically the
water is contaminated it can't be reused

1777
02:57:24,720 --> 02:57:32,000
indefinitely can we please have some
conditions about exactly how much water

1778
02:57:29,600 --> 02:57:35,520
will be used H how how long will the
water be used until it's cycled out?

1779
02:57:33,840 --> 02:57:40,000
Because it could effectively be the same
as evaporative cooling. If it's closed

1780
02:57:37,600 --> 02:57:46,319
loop for 10 seconds and then evaporates,
that's probably technically closed loop.

1781
02:57:42,080 --> 02:57:51,040
I I think this is uh gives uh global AI
uh free reign to do whatever they want.

1782
02:57:48,640 --> 02:57:55,040
Uh because technically you you could
just run it through the systems for like

1783
02:57:52,479 --> 02:57:59,520
maybe 10 seconds and then it maybe it's
cheaper for them to at that point

1784
02:57:56,880 --> 02:58:02,960
evaporate it. uh because uh treating the
water, I think they said they would

1785
02:58:00,880 --> 02:58:06,960
privately treat the water. Uh that could
be very expensive and it's a for-profit

1786
02:58:04,640 --> 02:58:12,080
company. Maybe they'll be incentivized
to uh use as much water as possible to

1787
02:58:10,399 --> 02:58:15,760
prevent having to treat the water and
there's probably legitimate concerns

1788
02:58:13,920 --> 02:58:19,040
about running it too long in the closed
loop system. The the water gets

1789
02:58:17,359 --> 02:58:21,840
contaminated and can and they're
planning on dumping it in the Puda

1790
02:58:20,399 --> 02:58:28,319
River. That that's probably a
potentially really dangerous uh uh uh

1791
02:58:26,240 --> 02:58:34,160
option for them. May maybe they they are
going to be incentivized to minimize how

1792
02:58:31,359 --> 02:58:38,399
much it is going to uh loop before it's
evaporated because if it's evaporated

1793
02:58:36,080 --> 02:58:43,040
they don't have to treat it.
So is it possible to amend this to

1794
02:58:40,560 --> 02:58:46,800
specify exactly how much water is going
to be used and how long it will be

1795
02:58:45,120 --> 02:58:49,800
closed loop before it is allowed to
evaporate.

1796
02:58:51,120 --> 02:58:56,160
» Are those your comments sir?
>> Uh I have additional question uh

1797
02:58:54,000 --> 02:59:00,200
comments. Can you please scroll to the
uh decommission section?

1798
02:59:05,439 --> 02:59:10,560
So, it looks like I'm running out of
time. If other people want to read this

1799
02:59:08,720 --> 02:59:14,160
out and comment on it, you just have to
line up behind me. This is our

1800
02:59:12,319 --> 02:59:17,120
opportunity to get answers.
>> Comments need to be addressed.

1801
02:59:15,200 --> 02:59:20,880
» Okay, let me sorry. Let me read this.
Within six months of approval, the

1802
02:59:18,720 --> 02:59:23,840
applicant shall submit a decommissioning
plan.

1803
02:59:21,600 --> 02:59:27,319
» Your your time is up, Mr. De Mo. Thank
you. Thank you.

1804
02:59:27,760 --> 02:59:32,120
» Additional comments from the public,
please.

1805
02:59:33,439 --> 02:59:39,520
» Okay, commissioners. Um, my name is Ben
Plants. I have comments on all three

1806
02:59:37,760 --> 02:59:46,800
areas we just addressed. First off,
noise. Um, what's the baseline we are

1807
02:59:42,960 --> 02:59:50,080
using for the infrasound? Um, I don't I
haven't had a chance to read through the

1808
02:59:48,000 --> 02:59:53,600
whole packet you guys were provided, so
apologies if that was already in there.

1809
02:59:51,520 --> 02:59:57,920
But couple questions of that is first
off, who paid for that study for the

1810
02:59:55,439 --> 03:00:01,680
infrasound? Um, and are there any
conflicts of interest with whoever paid

1811
02:59:59,680 --> 03:00:04,960
for that study? Yes or no? I don't I
don't need to answer right now, but

1812
03:00:02,640 --> 03:00:10,720
think about it, right? Um, also for the
monitoring thing. Um,

1813
03:00:08,800 --> 03:00:16,720
when has it ever worked out well for the
residents for big tech or big corp to

1814
03:00:13,680 --> 03:00:21,760
self police? I don't think that is going
to happen and I don't think you guys

1815
03:00:18,960 --> 03:00:26,560
think it either. Um, I think we do need
to actively monitor them. I understand

1816
03:00:23,840 --> 03:00:30,160
your concerns with a publicly available
thing that we can all log into and see

1817
03:00:28,000 --> 03:00:34,399
all the time. That might be overkill.
I'd agree with that, but I would not

1818
03:00:32,960 --> 03:00:38,560
trust a single report coming out of
them. We need to do that independently

1819
03:00:36,560 --> 03:00:44,800
with people we trust that we pay. They
represent us. Um, decommissioning. Um,

1820
03:00:41,920 --> 03:00:48,960
the language you updated, I think first
off, how will that initial value of what

1821
03:00:46,640 --> 03:00:53,040
the bond is going to be be set? what
math is going to go into that. It needs

1822
03:00:51,279 --> 03:00:57,279
to increase over time with additional
phases and that needs to be stipulated

1823
03:00:54,800 --> 03:01:00,960
in there too. Um the bigger the
environmental risk that they put on our

1824
03:00:59,279 --> 03:01:06,720
community, the more money needs to go in
that bank account in case something goes

1825
03:01:02,560 --> 03:01:11,760
wrong. And then for water, same things
John just said. They specifically took

1826
03:01:09,120 --> 03:01:17,040
out evaporative um evaporative, right?
And I'm thinking why? Couple things.

1827
03:01:14,319 --> 03:01:20,640
Maybe they have cooling towers. Do they
want to eventually be able to use them?

1828
03:01:18,720 --> 03:01:26,080
Now, it's going to say closed loop 2,
which means theoretically they can't use

1829
03:01:22,960 --> 03:01:31,600
the cooling towers, but I don't know. I
think non-eaporative should go back. Um,

1830
03:01:29,840 --> 03:01:35,200
their CEO literally just said that there
would be water losses like John pointed

1831
03:01:33,200 --> 03:01:39,200
out. Where's that going to go? Where's
that extra water going to come from? And

1832
03:01:37,040 --> 03:01:43,200
before you sign anything, it needs to
spec specifically written down, like I

1833
03:01:41,040 --> 03:01:48,960
said in my speech earlier, exactly how
much water they get, how often, and

1834
03:01:46,640 --> 03:01:54,240
every other sort of, you know, anything
else you need to um approve of that

1835
03:01:51,040 --> 03:01:58,960
before. And then
finally, the last one, the Puda River.

1836
03:01:56,640 --> 03:02:02,720
Come on, guys. Like, are you I know in
the the the planning commission, we

1837
03:02:00,720 --> 03:02:06,640
talked about them doing water, you know,
water treatment and all that.

1838
03:02:05,279 --> 03:02:10,319
There's a lot of questions I have about
us, who's watching them when it comes to

1839
03:02:08,319 --> 03:02:14,319
their water treatment facility, where
it's going, all those things. I'm not

1840
03:02:12,160 --> 03:02:17,359
convinced that we should, any of us
should feel good about the water going

1841
03:02:15,439 --> 03:02:21,359
back in the puddter. And until we're all
very clear on exactly who's going to be

1842
03:02:19,520 --> 03:02:27,680
monitoring that water going back and
that it's actually safe, how can we

1843
03:02:24,319 --> 03:02:31,560
approve that? Thank you.
>> Additional comments, please.

1844
03:02:33,040 --> 03:02:40,000
Hi, Christina Kaufman. Greley, I've
noticed I mean I taught school for 35

1845
03:02:38,319 --> 03:02:45,359
years. I know when people aren't ready
to make a decision that's a strong one.

1846
03:02:42,880 --> 03:02:50,319
This is it. I've seen more back and
forth and I know there's an urgency on

1847
03:02:47,600 --> 03:02:54,880
the part of the AI global or global AI
sorry to do this. That doesn't mean it's

1848
03:02:53,040 --> 03:02:58,000
your emergency.
>> I I hate to be heavy-handed, but I ask

1849
03:02:56,640 --> 03:03:00,720
you keep your comments only to the
changes made in the development.

1850
03:02:59,200 --> 03:03:05,520
» Okay. Mom said decommissioning, for
example, that should be in place before

1851
03:03:03,359 --> 03:03:10,479
you sign anything. I think that should
be in place. That's an important thing.

1852
03:03:07,840 --> 03:03:13,840
The evaporative cooling is important. Uh
this young lady over here brought that

1853
03:03:12,000 --> 03:03:18,560
up and she was kind of shut down. She
talked about the what's left over in the

1854
03:03:16,000 --> 03:03:22,960
evaporation process and would go into
the pter. So I think we're not ready

1855
03:03:21,439 --> 03:03:27,439
because of the things that were just
changed so quickly. We don't know what

1856
03:03:25,200 --> 03:03:32,880
we don't know about this stuff. We're
all new to it and they only have one

1857
03:03:29,920 --> 03:03:36,800
company up, one data center up. So I
think we need to slow down and I just

1858
03:03:35,040 --> 03:03:40,560
think we need to decommission stuff that
stuff the evaporative cooler. We need

1859
03:03:39,359 --> 03:03:44,800
more information.
>> Thank you. Initial comments from the

1860
03:03:43,120 --> 03:03:47,800
public regarding the changes over
please.

1861
03:03:52,960 --> 03:03:59,439
» Hello Diana Mi again. thanks for um
implementing some changes for number

1862
03:03:57,760 --> 03:04:04,640
four that you did on there. I think
you're headed in the right direction. I

1863
03:04:01,840 --> 03:04:09,279
have a couple comments. Um I think as
mentioned previously, reliance on

1864
03:04:06,240 --> 03:04:14,479
incomplete, poorly documented data from
the AI global noise impact report is a

1865
03:04:12,640 --> 03:04:19,120
mistake to put that in as the
requirement. You need an independent

1866
03:04:16,960 --> 03:04:23,359
third-party, Weld County Health
Department, somebody else doing those

1867
03:04:21,359 --> 03:04:28,640
measurements to set the criteria for
exceedence. Otherwise, you're letting

1868
03:04:25,439 --> 03:04:34,800
them set their own bar and the bar isn't
being measured properly. Um,

1869
03:04:32,240 --> 03:04:39,120
and I do like the idea of continued
monitoring. I think that's a really

1870
03:04:37,040 --> 03:04:42,720
going to be a useful tool for complaints
that will come forward. Um, and

1871
03:04:41,200 --> 03:04:47,279
requiring them to share that with the
county. I also um because I would be

1872
03:04:45,439 --> 03:04:52,080
interested in knowing about the noise
levels as a resident um I'd like to see

1873
03:04:50,240 --> 03:04:57,120
some way that residents besides
complaining would have access to that

1874
03:04:54,160 --> 03:05:01,359
data to look at.
>> I commission that's my comments on that.

1875
03:04:59,600 --> 03:05:05,359
» Yeah. Thank you, Mr. Chair. I just I
want to clarify. I want to make sure I

1876
03:05:02,479 --> 03:05:11,439
heard you correctly, ma'am. Um just so
I'm following. Um, are you stating that

1877
03:05:09,120 --> 03:05:14,080
did I hear you say that a a noise
analysis by a third party?

1878
03:05:13,359 --> 03:05:18,479
» Mhm.
>> So, do you have experience with Salis

1879
03:05:16,560 --> 03:05:22,319
O'Brien? Are they not a third party?
>> I I know the company has done it. They

1880
03:05:20,720 --> 03:05:26,160
are a third party, but they're being
paid by that. And I have questions about

1881
03:05:24,080 --> 03:05:32,319
the expertise of the consultant that did
this and so did um the industrial

1882
03:05:29,439 --> 03:05:38,479
hygienist. the the report is very
confusing and it's not consistent with

1883
03:05:35,840 --> 03:05:42,880
property lines, with levels, the ranges
should be averaged. You shouldn't be

1884
03:05:40,560 --> 03:05:49,680
getting these wild ranges of levels to
have to pick one. Um, so I think there's

1885
03:05:46,640 --> 03:05:54,080
a way to either get a tighter report,
but even so, I think there's a way the

1886
03:05:52,080 --> 03:05:59,279
county can get their own measurements
for ambient noise now and use those to

1887
03:05:57,359 --> 03:06:03,680
inform the levels that are going to be
enforced.

1888
03:06:00,000 --> 03:06:08,960
» Okay. Thank you. Thank you.
Please,

1889
03:06:05,520 --> 03:06:13,840
» Mary Lou. I just want to state that a
closed loop system does evaporate. So, I

1890
03:06:11,600 --> 03:06:18,080
feel like that that verbiage needs to be
put back in there because it does

1891
03:06:15,520 --> 03:06:25,520
evaporate. It is just like a radiator in
a car. And so, same concept. Um, I also

1892
03:06:23,760 --> 03:06:30,000
want to,
if I can do this,

1893
03:06:28,000 --> 03:06:34,160
the decisions that you guys make here
today is going to set a preference for

1894
03:06:32,240 --> 03:06:38,560
any other data center that's going to
try to come to Well County,

1895
03:06:36,960 --> 03:06:44,720
especially the one coming to Hudson,
Colorado. that's also in your guys's

1896
03:06:41,279 --> 03:06:50,640
wheelhouse. So, whatever stipulations
you put here today is going to

1897
03:06:48,800 --> 03:06:55,840
set the preference for any other data
center coming to Well County. And I

1898
03:06:54,000 --> 03:06:58,560
would just hope that you guys will not
only just look at all the things that

1899
03:06:57,279 --> 03:07:04,319
are out there, but what about the
vibrations and the the constant humming?

1900
03:07:02,240 --> 03:07:05,840
Like, have you guys visited a data
center?

1901
03:07:04,800 --> 03:07:10,600
» And I would ask that you keep your
comments to the changes only, please.

1902
03:07:07,600 --> 03:07:10,600
Um,

1903
03:07:10,720 --> 03:07:18,399
I would just really encourage you to put
strict guidelines in place regarding

1904
03:07:16,000 --> 03:07:23,760
them, just like you have done the gas
and oil industry. They have some of the

1905
03:07:21,120 --> 03:07:27,920
strictest ones here in Well County. At
least set some kind of preference that

1906
03:07:25,920 --> 03:07:32,560
you do care about the residents and you
do care about their health and their

1907
03:07:29,359 --> 03:07:37,439
well-being and what they want.
Don't just go what they're saying. have

1908
03:07:35,040 --> 03:07:40,720
an independent company come in to test
their facility to make sure they're

1909
03:07:39,439 --> 03:07:44,399
doing what they're supposed to be doing
with the water. Make sure they're

1910
03:07:42,319 --> 03:07:50,000
disposing of it the proper way. Who is
going to regulate that? Who's going to

1911
03:07:46,319 --> 03:07:54,160
monitor it? Global AI.
Like, we don't expect that out of the

1912
03:07:51,680 --> 03:08:00,080
gas and oil industry. They have to have
independent contractors come in and do

1913
03:07:57,279 --> 03:08:05,120
all the work. And you guys put huge
fines on them when they don't comply.

1914
03:08:02,960 --> 03:08:09,760
Not hundreds of dollars a day, thousands
of dollars a day when they when they're

1915
03:08:07,200 --> 03:08:13,840
not in compliance.
Hold them to the same standard. I know

1916
03:08:12,000 --> 03:08:17,920
it's a different facility, but hold them
to the same standard that you are going

1917
03:08:15,200 --> 03:08:23,120
to hold the gas and oil companies to.
Make them be responsible for what

1918
03:08:19,359 --> 03:08:27,040
they're promising to do and and have
them do what they need to do for the

1919
03:08:24,640 --> 03:08:32,479
community. Buying a goat and a sheep
that ain't helping the community.

1920
03:08:28,240 --> 03:08:36,840
» Again, to the com to the Thank you.
Additional comments from the public,

1921
03:08:33,840 --> 03:08:36,840
please.

1922
03:08:41,760 --> 03:08:47,040
» Just a little word smithing. Um, like
right here,

1923
03:08:45,760 --> 03:08:50,000
» if I can get your name and address for
the record,

1924
03:08:47,279 --> 03:08:53,359
» Mary Cisneros. So, if you um look at
number five, it says the property owner

1925
03:08:51,680 --> 03:08:55,840
or operator blah blah blah.
>> That is not a change that's been made.

1926
03:08:54,640 --> 03:08:58,800
Ma'am, that is not open for
conversation.

1927
03:08:56,319 --> 03:09:02,080
» No, I'm just
on number five. It says

1928
03:09:00,319 --> 03:09:04,880
» we are not debating number five.
>> I Okay,

1929
03:09:02,880 --> 03:09:06,720
» just trying to use it for reference.
>> I'm giving you an example.

1930
03:09:06,080 --> 03:09:10,640
» Okay.
>> So, if you go back up there to where you

1931
03:09:08,800 --> 03:09:15,760
have changed
um

1932
03:09:12,240 --> 03:09:22,479
Oh, something's um go back up. Let's see
over here. Oh, the applicant number two

1933
03:09:19,680 --> 03:09:27,359
item. Yeah, number two. Within six
months of approval, the applicant shall

1934
03:09:24,080 --> 03:09:33,040
sub the applicant. So to me that
document should be con the

1935
03:09:30,800 --> 03:09:36,479
uh
it should be consistent throughout just

1936
03:09:34,960 --> 03:09:41,040
like on number four where it said the
property owner or

1937
03:09:38,720 --> 03:09:44,720
uh operator
because the applicant here today gone

1938
03:09:43,200 --> 03:09:48,560
tomorrow
you're holding somebody accountable that

1939
03:09:46,240 --> 03:09:51,439
isn't that may or may not be here within
that six months.

1940
03:09:49,600 --> 03:09:54,560
» That's that's that's fair credit. Okay.
>> So if you'll

1941
03:09:53,760 --> 03:09:58,279
fix that
>> understand. Thank you.

1942
03:10:02,720 --> 03:10:10,240
» Hello, my name is Claire Goodwin. I'm at
9925 Eastman Park Drive, WSOR, Colorado.

1943
03:10:08,319 --> 03:10:13,920
Going back to the ambient study that you
referenced on August 7th. Um, I think

1944
03:10:13,120 --> 03:10:18,160
there may have been some
misinterpretation about the data.

1945
03:10:16,720 --> 03:10:22,160
You had asked if there was a month's
worth of data. They also said that they

1946
03:10:20,000 --> 03:10:26,240
had just at this point had a month's
worth of data. problem is the data that

1947
03:10:24,160 --> 03:10:30,960
shows up in the seventh. The report from
the seventh looks like it comes from

1948
03:10:28,080 --> 03:10:36,399
work that was done on June 23rd. And in
that and a June or July 2nd document, it

1949
03:10:34,319 --> 03:10:41,040
talks about how this was a field study.
And looking at the information in that

1950
03:10:38,240 --> 03:10:45,439
looks like it's 30 to 40 minutes worth
of sampling data. So it is not a 72-hour

1951
03:10:44,080 --> 03:10:49,439
project. It looks like it was just
sampling data that was taken throughout.

1952
03:10:47,520 --> 03:10:54,399
And back to the aiologist reference,
it's not um a professionally done study.

1953
03:10:53,439 --> 03:10:58,240
It looks like somebody walked around
with a noise meter and just took samples

1954
03:10:56,319 --> 03:11:04,319
but didn't do any calibration, do didn't
do any vetting. Um I agree with having a

1955
03:11:01,920 --> 03:11:08,160
third party come in.
The first solos brian report looked

1956
03:11:06,240 --> 03:11:12,160
nice. Um I didn't really have too many
comments about that, but there's

1957
03:11:09,359 --> 03:11:16,800
subsequent uh materials have not been
quality. Um going back to the fact that

1958
03:11:14,720 --> 03:11:21,600
the documents that are available on your
Asella project show them highlighting

1959
03:11:19,439 --> 03:11:25,680
both all of global AI's property and
Kodakaris's property and that's just a

1960
03:11:23,600 --> 03:11:30,479
really big oversight to not be able to
identify the property that you're

1961
03:11:27,439 --> 03:11:34,399
creating some mitigation for. So third
party complete third party maybe it's

1962
03:11:32,479 --> 03:11:38,960
something that you know you all vet and
pick that's a vendor that is um been

1963
03:11:36,640 --> 03:11:43,760
used by the county of gley but having a
third party vendor uh would be helpful

1964
03:11:41,279 --> 03:11:47,840
and memory I'm pretty sure solace
O'Brien is a contractor with Phoenix

1965
03:11:46,479 --> 03:11:53,359
Construction because I've seen their
name throughout documentation that isn't

1966
03:11:49,760 --> 03:11:56,160
related to just noise sampling. Um
going back to letting them set their own

1967
03:11:54,800 --> 03:11:58,960
standards that feels kind of like asking
my seven-year-old to tell me what her

1968
03:11:57,439 --> 03:12:02,080
baseline cleanliness for her room is.
it's going to differ from mine and what

1969
03:12:00,399 --> 03:12:06,240
I know is achievable. So having that
third party come in and give you an

1970
03:12:04,000 --> 03:12:10,319
objective view that is not Kodak, that
is not great western, that is not um

1971
03:12:08,399 --> 03:12:14,560
global AI, I think would give you a
better understanding of what is possible

1972
03:12:12,560 --> 03:12:17,520
on that site and now would be the time
to do it when they're not under

1973
03:12:15,760 --> 03:12:21,439
construction because that really can
impact um the ability to assess what's

1974
03:12:19,760 --> 03:12:25,200
going on. So that would be my
suggestion. Thank you for your time.

1975
03:12:23,040 --> 03:12:30,319
» Thank you.
>> Additional comments from the public on

1976
03:12:26,960 --> 03:12:30,319
changes only, please, please.

1977
03:12:30,720 --> 03:12:37,040
Amy Lynn, I just want to kind of
piggyback on what has already been

1978
03:12:34,640 --> 03:12:43,120
talked about with the um noise
mitigation. And it sounds like you're up

1979
03:12:38,720 --> 03:12:47,359
against a code that's specifying 65dB
and you're looking at the public comment

1980
03:12:44,960 --> 03:12:51,520
which is saying perhaps the studies are
not as weren't as effective as they

1981
03:12:49,359 --> 03:12:56,160
could have been and that the trust of
the public is not

1982
03:12:54,560 --> 03:13:01,120
you don't have the trust of the public
with regard to the studies that have

1983
03:12:58,080 --> 03:13:05,200
been done or how this sound issue is
going to be monitored because global AI

1984
03:13:03,120 --> 03:13:10,720
is going to be monitoring it. I would
like to see more discussion if possible

1985
03:13:07,920 --> 03:13:15,040
from the commission before the vote in
order to clarify those two because they

1986
03:13:13,200 --> 03:13:20,000
are two different issues. You have to
have the trust of the public. We have to

1987
03:13:17,760 --> 03:13:25,040
know that what they're saying is what's
going to happen and we also have to know

1988
03:13:22,560 --> 03:13:30,319
that it can be monitored by a third
party. And I'm not seeing that happening

1989
03:13:27,439 --> 03:13:34,120
here today. I'm seeing a discrepancy. I
would like that to be addressed.

1990
03:13:34,800 --> 03:13:39,239
Additional comments from the public,
please.

1991
03:13:39,520 --> 03:13:49,960
Last call. Comments from the public.
Public comment is is closed. Applicant

1992
03:13:46,000 --> 03:13:49,960
could please come forward, please.

1993
03:13:51,200 --> 03:13:56,080
Any uh rebuttal to public comment,
please.

1994
03:13:54,239 --> 03:14:01,520
» No, we've just appreciated the fact that
you've made some pretty um uh worthwhile

1995
03:13:59,520 --> 03:14:05,680
changes to these conditions. We accept
them all.

1996
03:14:02,720 --> 03:14:10,319
uh and uh appreciate the time that uh
you've taken today to hear from us and

1997
03:14:08,239 --> 03:14:15,760
from your communities.
>> I uh appreciate Mr. Foster the comments

1998
03:14:12,720 --> 03:14:21,840
from the last commenter there about uh
if we're setting an ambient noise level.

1999
03:14:18,800 --> 03:14:28,239
Would uh uh you or your client be uh
opposed to doing a baseline study uh

2000
03:14:26,000 --> 03:14:32,000
with an independent contractor over a
72-hour period if that is what the

2001
03:14:29,920 --> 03:14:35,359
scientific standard uh that would
actually set the baseline prior to

2002
03:14:33,840 --> 03:14:38,000
construction? I believe that's a
reasonable suggestion. I I What are your

2003
03:14:37,200 --> 03:14:42,720
thoughts about that?
>> Um I I you know, if that is a condition

2004
03:14:40,880 --> 03:14:50,080
that you're going to impose on us, we'll
live by it. I mean, we've submitted now

2005
03:14:46,000 --> 03:14:54,000
five or six different noise studies. Um,
there's always going to be somebody

2006
03:14:51,520 --> 03:14:58,800
who's going to show up and complain uh
that this study wasn't done by the right

2007
03:14:56,239 --> 03:15:02,080
um consultant doing doing it this way. I
mean, the you know, folks put their

2008
03:15:00,319 --> 03:15:07,279
signatures, professional signatures on
these studies and um you know, I find

2009
03:15:04,640 --> 03:15:10,640
that to be meaningful. Again, um if
that's a good condition that you're

2010
03:15:08,399 --> 03:15:13,760
going to impose on us, we'll live by it.
>> I might be alone in my desire. Let me do

2011
03:15:12,800 --> 03:15:17,600
a temperature check.
>> I I think they've had a third party do

2012
03:15:15,840 --> 03:15:22,880
this and the multiple studies that
they've done are sufficient.

2013
03:15:20,080 --> 03:15:28,000
» I feel they've done a sufficient job as
well.

2014
03:15:25,520 --> 03:15:30,399
» I'm good with what's been submitted.
>> I'm alone in my thought. Thank you.

2015
03:15:30,000 --> 03:15:34,720
Thank you.
>> Alone in my thought.

2016
03:15:32,080 --> 03:15:40,880
» Been alone there before.
>> All right. Um seeing no more desired

2017
03:15:38,399 --> 03:15:44,720
changes. Uh I'm sorry, Mr. Foster. I'd
ask that you come forward just one more

2018
03:15:42,000 --> 03:15:47,760
time. Uh you've had the opportunity to
uh review the conditions of approval and

2019
03:15:46,479 --> 03:15:52,319
development standards have been part of
the process that's taken place today. Do

2020
03:15:49,920 --> 03:15:56,239
you agree to uh abide by the conditions
of do you and your client agree to abide

2021
03:15:55,040 --> 03:16:00,160
by the conditions of approval and
development standards set forth today?

2022
03:15:57,760 --> 03:16:03,359
» We do. Thank you, sir.
Uh that said, chair would bring it back

2023
03:16:01,920 --> 03:16:06,359
to board for further discussion or a
motion.

2024
03:16:07,200 --> 03:16:14,080
» Okay. We haven't time to
>> do we get a moment to group our

2025
03:16:12,160 --> 03:16:18,560
» absolutely I think that is a fair
request. Uh let's take 15 minute break

2026
03:16:17,120 --> 03:16:24,520
uh so the board can gather their
thoughts. Uh we will reconvene at 520

2027
03:16:21,520 --> 03:16:24,520
please.