Record: 6-19

COMMISSION MINUTES

The Nodaway County Commission met in regular session Tuesday, June 2.

In attendance were Presiding Commissioner Bill Walker, North District Commissioner Chris Burns, South District Commissioner Scott Walk, and Melinda Patton, county clerk.

Business before the governing board included:

• Requisitions and approvals: Liquor licenses for Highway 136 Roadhouse, LLC; AI & A Petroleum, LLC dba Finish Line. Invoice to Oden Enterprises, LLC. Recorder Fee Report (May 2026.) Invoices from Sleek Creek HVAC, LLC. Road and Bridge to Gray Oil for fuel; Commission to John Sportsman for building maintenance.

• The commission reviewed the following information: Emails from citizen on proposed data center; Opioid Settlement (Secondary Manufacturers); Missouri Department of Transportation (MoDOT) Road Closures; 2023-26 Interest Statement; Update on legal from T. Elliott (Senate Bill 3); Email from Jacob A. Wood, Chief of Staff to the President, Northwest Missouri State University re: Workforce Impact & Recognitions (Spring 2026)

• Public Comment: Jeff From shared (via email) some information on what the requirements are for a moratorium. The commissioners had not all had a chance to review, but planned to share with the county attorney. From stated that if a moratorium were possible, that’s when the real work will begin. Tim Schafer questioned if the commissioners were serious about the moratorium and what the current status is. Burns shared that we are waiting to hear back from the attorney who is looking into the legal issues and feasibility of the process. Schafer shared concerns with low-level sounds regarding livestock and environment (ie/ honey bees impacted). Also has ground water concerns for his livestock. Susie Strauch had questions on a couple of roadways that are under construction or future construction. Strauch brought up that several groups (South Nodaway senior class, Barnard Community Betterment) had received money donations from Scale Microgrids. Shared concerns with where workers on the proposed project would live while the project is being constructed, that the North side of 340 Street is possibly going to be purchased, why we need so many data centers and taking our crop ground, regulations on steel products from China. The commission stated that state/federal projects have to follow certain stipulations on where steel is purchased from, but on a private project, they may not. Regulations on projects will be discussed when the opportunity arises. Tax abatements were brought up again. The commission reviewed that Abatements or a Community Impact Agreement would be discussed if the company wanted them. This would be a way to be able to distribute the funds throughout the county. The commission discussed appraised value of property versus assessed values of property and how these are taxed. Strauch also discussed health concerns she and her neighbors have. Donna Tompkins asked about permitting for soil samples and water samples. She has not been able to find where they have had to get any. Commissioners reminded the group that since Nodaway County does not have Planning and Zoning, no permitting would be needed. If the landowner is okay with them drilling for sampling, then it can be done. Department of Natural Resources (DNR) may require permitting. Tompkins asked about water reserves in Andrew County that was in the May 19, 2026 minutes and if they are willing to sell that water. The commission stated that it has been an option for a long time. Questions on water have been directed to Public Water Supply District #1. Tomkins asked about the Environmental Review process, Missouri Department of Conservation, National Environment Policy Act as projects go through permitting and do a heritage survey to recognize and take care of the environment. Eric Zimmerman shared concerns regarding resources being used up, future jobs being promised that don’t seem to be there, impact on communities and data centers becoming obsolete. Projects would have to be updated, which means personal property is taxed on the new equipment. Zimmerman questioned if the county would really get sued if they issued a moratorium if the company knew the community was against it? The commission stated that a moratorium is tied to an ordinance and needs to be done correctly. A moratorium cannot be issued just to delay a project, but has to be set to gain specific information and not set the county up for a lawsuit. Mike Hardy shared a statistic that 70% of America right now is saying “no” as the projects are not as good as they are selling. Tompkins questioned what would happen if there is a fire? This is on the list of questions the commissioners have been working on. Rhonda Beattie asked what would happen in the event the usefulness of this expires. The commission stated that decommissioning would be something they would look to put in the contract. Tompkins asked if a contract would still be followed if it is sold? The commission discussed the contracts in place with the wind projects and how the contracts followed when they sold. The public meeting to be held on June 3, 2026 will hopefully give all community members more information. Burns stated that he had read that 70% of these projects do not come to fruition. He talked about needing public assistance IF Planning and Zoning could be put in place in Nodaway County. This would not stop this proposed project but could keep another from coming in. Also present during portions of the discussion: Danny McEnany, Carolyn Hardy and Sally Duff, collector/treasurer.

A citizen dropped off a letter to the editor: Candid answers to questions about AI form the Missouri Farmer Today, May 23, 2026 edition as well as a typed letter to the editor written by Rita Boucher of Nodaway County.

• Reviewed a status update email from Great River Engineering on BRO projects 003 and 004 and other bridges. Reviewed and signed Reimbursement Request #7 on BRO-R0

• Reviewed an email from Madison Woodward, Transportation Planner, MoDOT NW District regarding softmatch balance. Current balance is $1,205,811.23.

• Following a call to Woodward for direction, the commission reviewed and signed Federal Funding Accountability and Transparency Act 2026 (FFATA Form 1590) on all BRO projects as well as the previously completed Transportation Advisory Program (TAP) grant project.

• Commissioner Walk gave updates on meeting with FEMA on Monday, June 1st. The commissioners worked to pull together pictures and locations sent by Township officials. Mark Rush, Jackson Township operator stopped in to discuss damages and share pictures.

• Reviewed and signed Preventative Maintenance Agreement from Johnson Controls Fire Protection LP. Discussed Administration Center roof leaks.

• The commission met with Casey Chastain with Higginbotham Insurance to do a mid-year review of insurance. Chastain also shared a donation of $1,500 from the Communities that Care fund through the Community Foundation of the Ozarks, to be used towards clothing for children in need. Also present: Sheriff Austin Hann.

• Hann discussed selling a vehicle to Worth County. The commission discussed value of the vehicle and gave permission to explore the sale. Hann discussed where the revenues would be placed in the budget and how to pull for a future vehicle purchase.

• Attorney Travis Elliott, Ellis, Ellis, Hammond and Johnson, PC contacted the commission via email to set up a call time. The commissioners went into closed session at 2:29 p.m.

• The commission discussed the option to enter into an agreement with the City of Maryville and Public Water Supply District #1 on legal services regarding the proposed data center. The commission had previously verbally agreed to this, however a phone call with representatives of Husch Blackwell gave the commission information to discuss. As no contract had been signed, the commissioners agreed the county would be better served if they had their own legal representation. Motions were made and carried to retain own legal representation. Calls were made to Ryan Heiland, City Manager for the City of Maryville, Brock Pfost, board member of PWSD #1 and Dean Adwell, PWSD #1 Board President.

The Nodaway County Commission met on Thursday, June 4.

In attendance were Presiding Commissioner Bill Walker, North District Commissioner Chris Burns, South District Commissioner Scott Walk, and Angie Cordell, deputy clerk.

Business before the governing board included:

• Requisitions and approvals: Road and Bridge to Oden Enterprises for bridge supplies, Juvenile payment packet, payroll #12, Liquor license for Mozingo Lake Visitor Center and Mozingo Lake Golf Course.

• The commission reviewed the following information: White Cloud Township special board meeting minutes to discuss possible ballot measure for election.

• Hopkins Township resident called on CART Road #171 with a tube concern, a Grant Township resident inquired about Road #721 in Grant Township and the status of a past road closure.

• Public Comment – Lori Haws stated the information she received at the Public Forum held June 3^rd at Mozingo, hosted by Scale Microgrids, was informative. Nancy Zeliff presented the commission with a list of concerns submitted by residents at the community meeting held May 26^th hosted by Nodawaysaysno.org. Jerry Wilmes voiced concerns of medical, public and environmental health and a moratorium. Tim Schafer thought the public meeting was a sales pitch for people and pointed out a water usage discrepancy in the information given. Other concerns Schafer had were livestock fertility, sound/noise. The commission stated it was hard to hear information being given by the representatives at the Public Forum and they did not have the opportunity to speak with all the consultants. The site map presented was different also; Schafer agreed. Wilmes spoke with Josh McKim, Nodaway County Economic Development (NCED) on the consequences if the proposed data center does not follow through on any agreements made. Susie Strauch spoke regarding the proposed land site, housing workers, Road #340 being closed. Commission stated no on road closing. Walk was informed each building will have fencing for security. Shanda Keirsey spoke on authority to shut project down and water consumption. Commission provided information on a moratorium. Jennifer Gillespie voiced concern on the information received at the Wednesday night meeting, abatement facts, land selling on the 102 river, cattle, water concerns. The group discussed water, waste water usage and the water feasibility study. Would waste water allow water independence? Strauch questioned water for the plant, Schafer asked where the Evergy water is coming from? Wilmes inquired if other data centers are being built near Nodaway County. Commission had no information and spoke on how zoning could work in the county. Polk Township previously had zoning and issues they had. Holly K Cronk cautioned residents on how county zoning works. Julie Nielson asked questions on well drilling, and citizens need individual township zoning? Gillespie shared informational handouts from Wednesday night meeting, discussed SB4 large electrical load customer use tariff and landowners backing out of land sales. Donna Tompkins has concerns on a natural gas plant, generating their own power, split of power and fire procedures. Tompkins shared information she received at Wednesday night meeting and a statement posted on Greenlight Strategies website “she takes offense to the post.” Dustin Skoglund, South Nodaway Superintendent clarified rumors on a tax abatement. Cronk encouraged citizens to gain knowledge on how tax abatements work and the ability to negotiate. Nielson questioned what the time frame on a moratorium is? The commission confirmed they have been working with legal counsel. Holly Caviness read information to commission on data centers in other states and requested commission to hold a public meeting with rural water, city and county. Commission encouraged the group to reach out to these entities themselves as well. Jesse Stark, Sheridan Express, questioned if Department of Natural Resources (DNR) permits had been applied for by the proposed company? At this time, no one is aware of this being done. Stark plans to look into this. Also present: Stacey Calfee, Cindy Roach, Mike Wilson, Richard Strauch, Kim Swyers, Barb Thacker, Cody Parman, Rhonda Beattie, Carter Strauch and Mike Hardy.

Dan Scheffler, Scale Microgrids representative, Spencer Culver, Attorney at Law and Mark Brady, Shareholder – both of Polsinelli, stopped by to discuss the proposed data center project and the meeting held the night before. The commission asked questions they had received from residents. The consultants shared information which will be available on their website and stated the feasibility study by the water district will be available soon. Also present: Caviness, S. Strauch, C. Strauch, R. Strauch, J. Nielson, Kim Mildward, NCED, Dustin Skoglund, South Nodaway Superintendent, Sheriff Austin Hann, and Brian Engle, road & bridge supervisor.