WEBSTER COUNTY BOARD OF COMMISSIONERS The Webster County Board of Commissioners met at 8:30am on Tuesday, March 17, 2015, for a regular business

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1 WEBSTER COUNTY BOARD OF COMMISSIONERS The Webster County Board of Commissioners met at 8:30am on Tuesday, March 17, 2015, for a regular business meeting at the Courthouse in Red Cloud as preed by legal notice. The following Board Members were present for roll call: Dan Shipman (District One), Trevor Karr (District Two), Roger Bohrer (District Three), Keith Buschow (District Four), and JoAnn Reiher (District Five). The Board stood and recited the Pledge of Allegiance to the Flag. Chairman Buschow gave notice of the Nebraska Open Meetings Act Laws. Motion was made by Reiher, seconded by Bohrer to approve the minutes of March 3, 2015 meeting. Chairman Buschow reviewed the agenda and mail with the Board. At 8:35am, Webster County Treasurer Lorie Koertner met with the Board. She presented the following Resolutions: APPROVAL OF PLEDGED SECURITIES RESOLUTION NO BE IT RESOLVED, by the Board of Commissioners of Webster County, Nebraska, that SOUTH CENTRAL STATE BANK be permitted to Pledge the following securities, held in escrow by the Webster County Treasurer (trustee) to secure deposits in this County in said bank, to wit: FHL BANK-TOPEKA IRREVOCABLE LETTER OF CREDIT #37370 AMOUNT: $430, EXPIRATION DATE: 5/15/2015 ADOPTED by the Webster County Board of Commissioners this 17 th DAY of MARCH, Motion was made by Shipman, seconded by Bohrer to approve RESOLUTION Upon roll call vote, voting in favor: Shipman, Bohrer, Reiher, Karr and Buschow. Chairman Buschow signed RESOLUTION RELEASE OF PLEDGED COLLATERAL RESOLUTION NO BE IT RESOLVED, by the Board of Commissioners of Webster County, that HERITAGE BANK be permitted to release the following collateral, held in escrow by the WEBSTER COUNTY TREASURER (trustee) to secure deposits in this County in said bank, to wit: Southern Boon County MO UT CUSIP: BX9 AMOUNT: $105, DATE: 03/01/2015 Motion was made by Shipman, seconded by Bohrer to approve RESOLUTION Upon roll call vote, voting in favor: Shipman, Bohrer, Reiher, Karr and Buschow. Chairman Buschow signed RESOLUTION Treasurer Koertner shared information on the recent tax sale. At 8:40am, Jeff Kuhn, Maintenance Coordinator, met with the Board. Jeff was not on the agenda. Discussion was had concerning the skid steer, gravel orders, Gottsch Feedlot road, the bridge on Road EF and personnel. Gary Ratzlaff, Webster County Veteran s Service Officer, met with the Board at 9:05am. Ratzlaff presented the Board with a report presenting the number of veterans in surrounding counties and wages of VSOs. Ratzlaff outlined his work schedule. Ratzlaff requested an increase in wages to $ per month for the budget year. After discussion, motion was made by Shipman, seconded by Karr to approve an increase to $ per month in the budget year Upon roll call vote, voting in favor: Shipman, Karr, Buschow, Bohrer and Reiher. Voting nay, abstaining or absent: none. At 9:30am, Lynne Viglicky, Midland Area Agency Aging and Mary Delka, Director of Webster County Transportation, met with the Board. Viglicky presented the Board with Title VI Non-Discrimination Plan 2015 for Webster County Public Transportation. Motion was made by Bohrer, seconded by Reiher to approve RESOLUTION which is the Title VI Non-Discrimination Plan VI 2015 for Webster County Transportation. Upon roll call vote, voting in favor: Bohrer, Reiher, Karr, Buschow and Shipman. Chairman Buschow signed RESOLUTION Viglicky also presented RESOLUTION which is an agreement for an increase of funds. After discussion, motion was made by Shipman, seconded by Reiher to approve RESOLUTION Upon roll call vote, voting in favor: Shipman, Reiher, Karr, Buschow and Bohrer. Chairman Buschow signed RESOLUTION Mary Delka presented a check to the Board for $ These monies are the cities share for the service of the Webster County Transportation per the Interlocal Agreement between the cities and the County. The Board recessed for a break and the meeting resumed at 10:30am. Sterling Stople, David Schlautman and Steve Merrill, representatives of Nebraska Public Power met with the Board at 10:30am. Linda Grummert, Webster County Highway Superintendent, also joined the meeting. Discussion was had concerning the upgrade of the ½ mile road leading into the Rosemont Substation for the Cottonwood Wind Farm. NPPD has purchased the land for the substation. Grummert said that this is Project No. 623 and will cost $65,

2 NPPD will proceed with the project using contractors and engineers designated by Webster County. The project will be funded by NextEra and NPPD. A 115 megawatt overhead line will run west to the wind farm. NPPD will be responsible for monthly maintenance routine for the road. Motion was made by Karr, seconded by Shipman to proceed with this project. Upon roll call vote, voting in favor: Karr, Shipman, Bohrer, Reiher and Buschow. Voting nay, abstaining or absent: none. At 10:50am, Nuckolls County Commissioners, Dan Corman, Tim Zikmund and Doyle Christensen met with the Board. Sheriff Troy Schmitz and Webster County Weed Superintendent, Dennis VanWey joined the meeting. Discussion was had to clarify a misunderstanding concerning the Webster County jail. Nuckolls County Commissioners discussed the possibility of the Webster County Weed Superintendent serving Webster and Nuckolls Counties. His role in Nuckolls County would be to prepare paperwork for the state while a part-time person performs the other duties of the office. VanWey voiced concerns of signing his name to work someone else supposedly completed. The Webster County Board gave VanWey the authority to communicate with Nuckolls County concerning this situation. At 11:30am, Jason L Heureux, of Premier Custom Buildings, met with the Board to discuss details of the Guide Rock Shop. Discussion was had concerning door and window placement, color, electrical, etc. Linda Grummert, Highway Superintendent, joined the meeting. She has applied for the access permit from a state highway. The application for a building permit has been submitted. Discussion on the setback from the sidewalk was had. The Board decided on no setback. Discussion was had on replacing the sidewalk. L Heureux requested a deposit of 20% before ordering the building. Grummert submitted a claim for $ Grummert presented a contract with Kucera Construction for Culvert Pipe Project No. C-91(596). After discussion, Chairman Buschow signed the contract. Also presented was a contract with Figgins Construction for the Webster County Armor Coat Project. After discussion, Chairman Buschow signed the contract. Grummert presented information for a pneumatic compactor. No discussion was had. The Board of Commissioners recessed for lunch at 12:00pm. The Board of Commissioners reconvened at 1:00pm to the Courtroom on the third floor of the Webster County Courthouse for a pre-advertised Public Hearing for the Application for Conditional Use by Cottonwood Wind Project, LLC. Chairman Buschow gave notice of the Nebraska Open Meetings Act Laws. Chairman Buschow outlined the format for the meeting stating that because of the multiple citizens in the room that might want to testify, testimony needed to be expressed in two minutes and to direct questions and comments to him. Zoning Administrator Lonnie Knehans addressed the Board of Commissioners and the public. Knehans stated that he has viewed the project area three times, has reviewed the Application and finds it satisfactory. He stated that the Joint Planning Commission ls that the Application meets County regulations and has approved the application with the direction that the Board of Commissioners address the following protective measures: 1. Pay for post construction studies to make sure the zoning regulations are being met. 2. Insurance policy to protect against property value decrease. 3. Mitigation to decrease noise during evening hours. 4. Impact easement. And has forwarded the Application to the Board of Commissioners who have the final authority. Noah Hyte, Project Manager for NextEra, presented a power point presentation entitled Conditional Use Permit Overview. Hyte had statistics about the Cottonwood Project and other projects across the United States. Zoning Administrator, Lonnie Knehans read 3 letters of testimony that he had received from landowners and non-participating residents. At this time, Chairman Buschow opened the floor up to testimony from the public. The following residents gave testimony: Stephanie Hamel, Sara Macklin, Butch Hughes, Steve Schmidt, Harlan Siebrass, Joel Macklin, Sylvia Fink, Keith Waechter, Tracy Tucker (Willa Cather), Stan Pavelka, Audrey Berns and Gary Schmidt. Residents discussed locations of turbines around residences, quality of life in the wind farm, effects on wildlife, water issues, health effects and the protective measurers. Noah Hyte, Project Manager, addressed the Commissioners and the public. He discussed setbacks, location of turbines and the time frame of construction. He also discussed the protective measures that had been sent to the Commissioners from the Joint Planning Commission. He stated that the Applicant will work on impact easements, post construction studies will be performed and NextEra will contact each resident or has contacted each resident in the development. He strongly urged non-participating and participating residents to contact them if they have not had contact with the Applicant. The measure of mitigation to decrease noise during evening hours is not feasible. But the Applicant does have a quietness guarantee from General Electric who builds the turbines. Insurance for property value is not readily available or feasible.

3 David Levy, Attorney from Baird-Holm representing NextEra and Appicant, addressed the Commissioners and the public discussing such topics as property taxes, personnel property taxes, decommissioning plan and school revenue. Mr. Levy proposed that the Commissioners adopt the Resolution with the additional conditions: 1. NextEra to pay for post construction studies to make sure the zoning regulations are being met. 2. NextEra to contact all property owners within one mile of turbines and offer the standard participation agreement prior to construction. The following motion was made by Karr: With sincere respect to all parties involved in and around the project, I make a motion to accept NextEra s Conditional Use Permit to construct a Utility Grid Wind Energy Conservation System capable of generating up to113.6 megawatts of electricity, consisting of up to 66 wind turbines. The project, known as Cottonwood Wind Project, will follow all regulations set forth In the Webster County Planning and Zoning handbook and listed in the application submitted by NextEra for this project. The CUP will also include the following conditions: 1. NextEra to pay for post construction studies to make sure the zoning regulations are being met. 2. NextEra to contact all property owners within one mile of turbines and offer the standard participation agreement prior to construction. This motion was seconded by Shipman. Upon roll call vote, voting to approve the motion: Karr, Shipman, Bohrer, Reiher and Buschow. The motion carried. The Public Meeting was adjourned at 3:20pm. The Commissioners meeting was reconvened at 3:35pm in the Commissioners Meeting Room on the second floor of the Courthouse. RESOLUTION was signed with the changes approved at the preceeding Public Meeting. RESOLUTION Application for Conditional Use Cottonwood Wind Project, LLC WHEREAS, Cottonwood Wind Project, LLC (Applicant) submitted an application on November 11th, 2014 (Application) for a Conditional Use Permit (CUP) pursuant to Article 6, Section 609E of the Webster County Zoning Regulations (Regulations) for a Utility Grid Wind Energy Conservation System (WECS); WHEREAS, Applicant plans to build, own, and operate the WECS, consisting of up to 66 wind turbines, together capable of generating up to megawatts of electricity, on certain real estate parcels located south of the City of Blue Hill, Nebraska, in 32 sections of Stillwater, Oak Creek, Elm Creek, Potsdam, Batin, and Glenwood Townships (Project); WHEREAS, the Joint Planning Commission of Webster County, Nebraska (Planning Commission) properly held an appropriately noticed public hearing of the Planning Commission on December 15, At the public hearing, Applicant presented information on the Application, after which, the Planning Commission gave citizens, taxpayers, and area residents the opportunity to be heard; WHEREAS, upon conclusion of the public hearing, the Planning Commission resolved that Applicant fulfilled its obligation before the Planning Commission, that Applicant should be issued the CUP and authorized to build the Project as proposed in the Application, subject to certain conditions, and to submit the Application with a recommendation for approval to the Webster County Board of Commissioners (Board) for its final determination; WHEREAS, Notice of a public hearing of the Board was duly ed in the Red Cloud Chief and the Blue Hill Leader newspapers and proper Notice was given by US Mail to 206 recipients; WHEREAS, the Board properly held a public hearing of the Board on March 17, Applicant presented information on the Application, after which, the Board gave citizens, taxpayers, and area residents the opportunity to be heard; WHEREAS, the Board, after review of the Application and giving consideration to the Regulations, the Webster County Comprehensive Plan (Plan), and the matters raised at the public hearing, found that the Applicant and the Project meet the requirements for a CUP pursuant to Section 609E of the Regulations, with an exception that: (1) the Board shall give final approval on the Decommissioning Plan required under Section 609E, Paragraph 1.g.14; (2) the Board shall give final approval on Public Roads Impacts Agreement required under Section 609E, Paragraph 1.g.15; and (3) the Webster County Zoning Administrator shall have the authority to administratively approve the final locations and building permits

4 for turbines, meteorological evaluation towers, access roads, substations, operation and maintenance facility, underground cable system, and other aspects of the site layout, provided they comply with the Regulations or are within the limits described in the Application; and WHEREAS, the Board, after review of the Application and giving consideration to the Regulations and the Plan, found that the Project meets the requirements for a variance to Section 1010E of the Regulations, such to allow the Applicant two (2) years from the date of approval of the CUP to commence development of the Project and three (3) years from the date of approval of the CUP to complete development of the Project. NOW THEREFORE, BE IT RESOLVED, by the Board, that Applicant has fulfilled its obligation before this Board for a CUP and the related variances. BE IT RESOLVED, that Applicant, its affiliates and assigns, should be authorized to build the Project, as proposed in the Application, subject to the conditions set forth herein, in the designated Sections of the following Townships: Stillwater (T3N-R9W), Oak Creek (T4N-R9W), Elm Creek (T3N-R10W), Potsdam (T4N-R10W), Batin (T3N-R11W), and Glenwood (T4N-R11W). BE IT RESOLVED, that this Resolution and Application be approved with changes from the preceeding motion. DATED this 17 th day of March, The following claims were approved for payment: Wages for 42 salaried employees: $104, GENERAL FUND Adams Co Sheriff s Dept $ Ameritas Life Ins retirement 4, Anderson, Klein, Swan As Central Services As Central Services Assist Business Center renewal Blue Cross Blue Shield health/life 17, Blue Hill Leader 1, Cash-Wa Candy Co Century Lumber Center Contryman Assoc audit , Social Security fica 5, Eakes Office Plus First Concord Benefits Fleetpride health Green Acres Motel snow removal Guide Rock State Bank health

5 Heritage Bank Kelsey Herz John Hodge 2, Jack s 1, JEO Consulting 1, Kenny s Lumber Lasertec Madison Natl Life Main Street Medical Clinic Midwest Connect Nebr Tech & Telecom Olson Enterprises Lynn Peavy Co Physicians Lab Pierce Electronics 9.32 Quill Corp Red Cloud Chief SLEBC Self-Insured Dental 2, Skalka & Baack Law 1, Sourcegas 2, SCPPD Theobald Law Office 1, Village Pharmacy Webster Co Hos Clinic Wex Bank Ameritas Life Ins 2, expense cleaning life medical phones health premiums medical ROAD/BRIDGE FUND retirement

6 Bader s Highway 8, Blue Cross Blue Shield 9, Blue Hill Leader Century Lumber Country Corner Social Security 2, Global Industrial Equip Hastings Tribune J & A Auto Jared s Auto Expert Jim s OK Tires Kaco Supplies Kenny s Lumber Martha Meyers Nebraska Machinery 2, Nebraska Tech & Telecom Olson Enterprises 8, Premier Custom Bldgs 8, Red Cloud Chief Self-Insured Dental Sourcegas-BH Sourcegas-GR Sourcegas-INA SCPPD Timm s Service 1, Speece-Lewis Engineers 15, coating health/life fica tools tires tires tools expense phones bldgs premiums ROAD/BRIDGE CONSTRUCTION FUND SELF-INSURED DENTAL FUND

7 Douglas Baum Central Dental Group Webster Co Dental Clinic RC Wilson NE Health & Human COUNTY MEDICAL/RELIEF FUND Beatrice Union Bk & Trust 8, Commercial Construction 235, Union Bank & Trust 196, Ameritas Life Ins Blue Cross Blue Shield Social Security Nebraska Tech & Telecom 1.15 Nebraska Weed Control Assn Self-Insured Dental Dennis VanWey HOSPITAL BOND FUND payment BRIDGE BOND FUND payment NOXIOUS WEED FUND retirement health/life fica phone registration premium expense AMBULANCE FUND supplies Bound Tree Medical Sourcegas Being no further business, Chairman Buschow adjourned the meeting at 4:15pm. The next regular meeting will be held on Tuesday, April 7, 2015 at 8:30am. A current agenda and complete minutes are on file at the County Clerk s office. Dated this 17 th day of March, Webster County Board of Commissioners ATTEST: Debra Klingenberger, County Clerk