On the agenda: Tekamah Minutes — Data Center (Aug 8)

OFFICE OF THE BURT COUNTY CLERK
Minutes of the Burt County Board of Supervisors

August 12, 2026
TEKAMAH NE 68061
The Burt County Board of Supervisors met in regular session on Wednesday,
August 12, 2026 in the Boardroom of the Burt County Courthouse in Tekamah,
Nebraska, pursuant to adjournment of their last meeting. Notice of the meeting was
given in advance upon a 1st floor bulletin board within the courthouse and on the
County’s Website. The following members were present: Ted Connealy, Gary “Bird”
Swanson, Samuel M. Titus, Carl Pearson, Jay W. Johnson, Paul Richards and Jeff
Kutchera.
The meeting opened at 9:00 A.M. with the pledge of Allegiance. Chairman
Kutchera informed the public that the Open Meeting Act is posted on the County
website and available in the meeting room.
The agenda was approved; motion by Richards, seconded by Connealy. By Roll
Call Vote: Ayes – Connealy, Swanson, Titus, Pearson, Johnson, Richards and
Kutchera. Nays – none.
The minutes of the 7/28/2026 Board of Supervisors meeting were approved;
motion by Swanson, seconded by Titus. By Roll Call Vote: Ayes – Connealy,
Swanson, Titus, Pearson, Johnson, Richards and Kutchera. Nays – none.
Approval of July Reports: The County Clerk Report of Fees, the County Court
Report of Fines, the District Court Fee Report, Planning and Zoning Report, Fund
Balances, and Miscellaneous Receipts in the amount of $428,702.51 were all
approved upon motion by Connealy, seconded by Johnson. By Roll Call Vote: Ayes –
Connealy, Swanson, Titus, Pearson, Johnson, Richards and Kutchera. Nays – none.
ZONING PERMITS
TAX SALE REDEMPTION (COUNTY ISSUANCE)
CO CLERK-FILING & RECORDING FEES
CO CLERK-DOC STAMPS (COUNTY SHARE)
CO CLERK-MISC FEES
ELECTION REIMBURSEMENTS
DISTRICT COURT-FILING FEES
DISTRICT COURT-PASSPORT FEES
CO SHERIFF-SERVICE FEES
CO SHERIFF-MILEAGE & COSTS
INTOX
TITLE INSPECTIONS
GUN PERMITS
FINGER PRINT
PHOTOCOPY FEES
OPIOID SETTLEMENTS
PAYMENT - BROKEN WINDOW
REFUND ONE OFFICE - TREASURER'S OFFICE
HP BUYOUT - ASSESSOR'S OFFICE
REIMBURSE CIVIL PROCESS
INTEREST EARNED
HIGHWAY/STREET ALLOCATION
MOTOR VEHICLE FEES - STATE OF NEBR.
TWP REIMBURSE - SUMMIT
TWP REIMBURSE - PERSHING
TWP REIMBURSE - CRAIG
TWP REIMBURSE - OAKLAND
TWP REIMBURSE - ARIZONA
TWP REIMBURSE - QUINNEBAUGH
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1,160.00
50.00
3,349.00
2,647.29
124.50
500.00
800.00
565.00
776.00
1,062.57
75.00
490.00
35.00
20.00
7.25
1,136.44
160.97
10.00
1,617.10
39.03
4,338.18
120,983.21
25,376.28
53,914.50
2,600.00
80.00
11,400.00
5,920.00
2,880.00
August 12, 2026

TWP REIMBURSE - NEBR STATE PARKS
TWP REIMBURSE - DECATUR
LODGING TAX - MAY
ROD -PRESERVATION & MODERNIZATION
STOP
PLAT BOOKS
INHERITANCE TAX - Rex A. Engdahl
COUNTY 911
911 WIRELESS SERVICE FUND
BUILDING FUND
COUNTY COURT FINES - REGULAR
COUNTY COURT -FINES TO SCHOOLS
DECATUR FIRE GENERAL
LYONS FIRE GENERAL
OAKLAND FIRE GENERAL
DECATUR FIRE BOND
LYONS FIRE BOND
TAX SALE ADMIN FEES & REDEMPTION
HOMESTEAD ALLOCATIONS
TAXES IN LIEU - OPPD

680.00
13,180.57
843.14
514.00
250.00
90.00
37,218.05
24.00
6,480.54
0.00
3,280.00
1,035.00
1,193.95
148.91
20.39
514.70
29.27
5,520.14
115,537.99
24.54

OFFICE UPDATES (2): (1) Building & Grounds – Bruce Nathan; (2) Planning & Zoning
– Ann Chytka

COMMUNICATION: District Six Probation FY25-26 Recap & FY26-27 Budget
ZONING: Ann Chytka, Zoning Admin
Conditional Use Permits to spread Biosolids:.Chairman Kutchera opened the
public hearing at 9:07 a.m. to take comments from the public concerning
consideration of CUP’s for landowners to spread biosolids from Cargill. Chytka
confirmed that the planning commission held a hearing Aug. 3rd and had
recommended approval for the CUP’s. Having no public comment, Chairman
Kutchera closed the public hearing at 9:08 a.m. and the board went back into regular
session. Upon motion by Titus, seconded by Connealy, the following (8) CUP’s were
APPROVED. By Roll Call Vote: Ayes – Connealy, Swanson, Titus, Pearson, Johnson,
Richards and Kutchera. Nays- none.
1. 26-13CUP- BRU Ag, LLC (Chris Reimers) filed for Roger Johnson to spread biosolids from Cargill on
tract of land located in N2SE4 31-21-10 Summit TWP (434801200), Burt Co., NE.
2. 26-14CUP- BRU Ag, LLC (Chris Reimers) filed for JP Olsen Farms, LLC (Jeff Blum) to spread biosolids
from Cargill on tract of land located in SW4 16-20-11 Arizona TWP (437500500), Burt Co., NE.
3. 26-15CUP- BRU Ag, LLC (Chris Reimers) filed for JP Olsen Farms, LLC to spread biosolids from Cargill
on tract of land located in S2NE4 21-20-11 Arizona TWP (437501200), Burt Co., NE.
4. 26-16CUP- BRU Ag, LLC (Chris Reimers) filed for JP Olsen Farms, LLC (Jeff Blum) to spread biosolids
from Cargill in N2NE4 21-20-11 Arizona TWP (437501100), Burt Co., NE.
5. 26-17CUP- BRU Ag, LLC (Chris Reimers) filed for JP Olsen Farms, LLC (Jeff Blum) to spread biosolids
from Cargill on tract of land located in NW4 21-20-11 Arizona TWP (437501000), Burt Co., NE.
6. 26-18CUP- BRU Ag, LLC (Chris Reimers) filed for JP Olsen Farms, LLC (Jeff Blum) to spread biosolids
from Cargill on tract of land located in NW4NE4 13-21-11 Arizona TWP (436300800), Burt Co., NE.
7. 26-19CUP- BRU Ag, LLC (Chris Reimers) filed for JP Olsen Farms, LLC (Jeff Blum) to spread Biosolids
from Cargill on tract of land located in N2SW4&SW4SW4 EX TR 12-21-11 Arizona TWP (435903600),
Burt Co., NE.
8. 26-20CUP- BRU Ag, LLC (Chris Reimers) filed for JP Olsen Farms, LLC (Jeff Blum) to spread Biosolids
from Cargill on tract of land located in N2SE4 EXTR & SW4SE4 EX TR 12-21-11 Arizona TWP
(435905500), Burt Co., NE.

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August 12, 2026

BURT COUNTY SOLAR update:
Present speaking was Brian Boerner Senior Vice-President, Development with
Sandhills Energy -gave an update on the 250-megawatt project. A power purchase
agreement was signed with OPPD; cover crop planting is taking place; road
construction (within the project) is underway. Equipment installation and roadways
within the project take time; May 2029 is the target connection timeline. Boerner also
informed the Board that Sandhills Energy has acquired the BEELINE SOLAR project
from Invenergy. Boerner and Mark VanDerHart, Tekamah Joint Airport Zoning Rep,
reported positive progress for the Beeline project.
PLANNING & ZONING: Ann Chytka, Zoning Admin
Data Centers: The planning and zoning commission requested the board’s approval
to research data center development and to prepare updates to both the County’s
Comprehensive Plan and the Zoning Regulations to establish appropriate policies and
regulations relating to data centers within Burt County. The County Board
unanimously agreed this is a step to be taken.
Inventories FY 2026-2027:
Chairman Kutchera signed the oath certifying the collection of inventories from all
Burt County Officers. Inventory statements of all County real & personal property are
updated annually and on file per §23-347; and available in the County Clerk’s office.
County owned building in Oakland:
Unsafe County owned building in Oakland (PID #312808100). Committee of Pearson
and Johnson reported they have found a new structural engineer to help plan/advise
for demolition. The board approved to hire Nicholas Williams, P.E. with Schemmer
Assoc. based out to Omaha; upon motion by Connealy, seconded by Richards. Roll
Call Vote: Ayes – Connealy, Swanson, Titus, Pearson, Johnson, Richards and
Kutchera. Nays- none.
Closed Session:
Upon motion by Titus, seconded by Connealy, the Board went into Closed Session
with Co. Attorney Edmond Talbot at 9:30 A.M. to discuss litigations, with roll call vote
as follows: Ayes – Connealy, Swanson, Titus, Pearson, Johnson, Richards and
Kutchera. Nays –none. Also present during closed session were Highway Supt, Ann
Chytka, Attorney Ryan Kunhart and Board Secretary, Sarah Freidel. Upon motion by
Pearson, seconded by Titus, the Board went back into Regular Session at 9:50 A.M.,
with roll call vote as follows: Ayes – Connealy, Swanson, Titus, Pearson, Johnson,
Richards and Kutchera. Nays –none. No action was taken during closed session.
Attorney for Litigations:
The County has litigations pending against them from Oban Construction on
C-11(451) Co.Rd. L project. Connealy made a motion to hire Ryan Kunhart with
Dvorak Law as council for the County in a counter suit claim against Oban; the
motion includes allowing Kunhart to contract with an expert(s) to get data collected
on the road before the County does anything to try to rebuild/redo the road. Johnson
seconded, and motions Passed By Roll Call Vote: Ayes – Connealy, Swanson, Titus,
Pearson, Johnson, Richards and Kutchera. Nays –none.
ROADS: Ann Chytka, Highway Superintendent
C-11(456) CO.RD. L, E. OF OAKLAND – STABILIZATION & OVERLAY
A representative from Western Engineering was present to discuss the project; the
board tabled any discussions due to pending litigations with their sub-contractor
Oban Construction.

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August 12, 2026

FY2026-2027 Budget:
August certification of valuations is still pending; no further reviews of the budget
were done today. Katie Hart, Assessor, read a letter to the board as a taxpayer and as
an elected official, expressing concerns. She shared a spreadsheet showing wages of
courthouse positions, areas of concern: office clerks pay being based off percentage
vs hourly rate, and inconsistent office to office; appointed vs elected officials wages;
mileage on County vehicles. Her documents are on file for public review. Supervisor
Swanson responded with frustration stating that of the nine years he’s been on the
board, bickering and complaining within the Courthouse is getting out of hand, and
he feels issues are discussed with individuals in the public rather than with board
members.

PUBLIC COMMENT: Gregg Smith, rural Lyons – opinion that County should consider
a moratorium on data centers due to the way the State Laws are set up. Colby
Hansen, rural Burt Co – based off of what he knows working in the technology field,
he seconds that comment, stating it is best to stay ahead of it.

There being no further business to come before the Board at this time, the meeting
adjourned at 10:18 A.M. upon motions by Connealy and Titus.
Next meetings: August 17, 2026 special meeting – FOP negotiations
August 28, 2026 Board of Supervisors

ATTEST: SARAH J. FREIDEL
BURT COUNTY CLERK

JEFF KUTCHERA, CHAIRMAN
BURT COUNTY BOARD OF SUPERVISORS

These minutes are not the official record and may be corrected. A copy of the approved official minutes is
available to the public at the Clerk’s Office.

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August 12, 2026