Gage County Newsletter

By Don Schuller 4/29/24 Committee meeting:Pinpoint Communications representatives, Tom Shoemaker and attorney Andy Pollack, spoke today. Shoemaker explained they are requesting a utility permit from the county which was tabled a month ago, due to an overlap of the Nextlink project. Nextlink received a grant from the county. The two projects overlap several residences near northeast Beatrice. Pinpoint received a grant from the Public Service Commission (PSC). State law requires grant funds do not create an overlap. The intent is to use taxpayer money to cover as much as possible. Supervisor Haxby strongly objects to allowing the overlap. By denying the utility permit prevents the overlap. Shoemaker stated he is not here to go back and discuss why this happened. He is here to only request a utility permit. There is no safety issue or any other reason a county would typically turn it down. His company is caught in the middle. Their agenda is straight forward in that they try to cover as many residences as they can. He contends Nextlink has put their own money into this project. Who is to say the money for the overlap isn’t privately funded? He said the same is true for Pinpoint’s portion of the overlap. Their project isn’t totally based on the PSC grant. Shoemaker pointed out Nextlink overlapped a Diode Communications project called West Ellis. Haxby said Nextlink was there first.Supervisor Lytle said he felt he would not deny a permit because we don’t agree with where PSC used their grant money. I stated I agree with Lytle.Haxby wants to file a complaint against the PSC. Lytle expressed the county should not start a fight with the PSC when they contributed money that went into the county even if there was a small overlap.I asked why a county supervisor went to the PSC to protest their decision. Shouldn’t that be the job of the company involved? Haxby feels it was her duty since we provided them the grant. I replied we don’t get involved with business issues of other grant recipients. Road and Bridge:Supervisor Mark Kuhnke reported the chuck holes in the Rockford Road hard surface have been filled with chat rock. The road will continue to be maintained with chat rock. This is temporary. Kuhnke said the road can be milled with the chat rock being there. Coring the asphalt has not occurred yet. No bid package was put together for patching because it was decided not to patch.Cost estimates from the engineer on options for the bridge on East Pickrell Road were received. The structure chosen for longevity and price is a 14-foot box culvert. The engineer was told this project needs to be completed no later than September 1.Stop signs on the county road through the village of Holmsville were discussed. Our engineer said a four way stop at two intersections can be justified for C and A streets on Second St. This is due to sight issues for safety. This will be on the agenda for the next meeting.I asked Kuhnke what the plan is for repairs to Sycamore Road blacktop into Big Indian Lake on the east side. I drove it the other day. It isn’t much better than Rockford Road. He said it will be cored, milled and later overlayed on the same schedule as the Rockford Road.5/1/24 Regular meetingGage County Tourism Director Dakota Hurley and Blue Springs Ball Diamond Association President Brent Schlake requested a $4,000 Visitor Improvement Grant. These funds come from the tourism tax. Schlake said the association does not have signage at the ball diamond. They have priced a limestone structure costing $8,000. This structure is similar to the signage at the Standing Bear Trailhead east of Blue Springs. He said it will make the diamond more attractive and appealing to visitors. The association hosts tournaments and other games with participation from as far away as two hours. People use the local hotels and dining venues. Supervisor Lytle moved to approve the grant request, seconded by me. Motion approved unanimously. Pinpoint Communications Utility Permit:Pinpoint representative Tom Shoemaker stated he needs a utility permit to complete a commitment to provide fiber to customers.Supervisor Emily Haxby stated her reasons for objecting to the broadband overlap. Senators Myron Dorn and Bruce Bosselman were present to speak to the issue. Dorn explained there are places in the state where there are overlaps of fiber. He said we need to be mindful to not overlap and use public funds to do so.I commented that it doesn’t feel right to me that the county uses a utility permit to leverage control due to a disagreement with a grant provider.Senator Bosselman said PSC failed to prevent an overlap. There are limited funds to provide a build out of broadband. If we allow the permit we allow an overlap. In his opinion we should not approve the overlap.Supervisor Lytle asked how can we stand here today and say that the PSC had done a bad job when the PSC isn’t here to explain their decision? It isn’t up to the county board to decide if the PSC made a bad decision or if they are doing their job correctly.I asked if our funding could be moved to keep all the money in the county. Haxby responded to me that the Nextlink fiber has already been installed. I was surprised by this answer because when I asked the same question a month ago, she said it was already contracted. Nothing was said about installation. I said contracts can be amended but got no response.Loel Brooks, the attorney the county hired to assist with negotiations with broadband companies was present as a consultant at Haxby’s request. He said the process is flawed, and not the PSC. Communication is the downfall here. It is a complicated issue with many participants creating a way for things to fall through the cracks.Schoemaker said that in another project called West Ellis, Nextlink overlapped Diode Communications who received a grant from the Nebraska Broadband Bridge funds. There were 16 homes to be served by Diode and this set a precedent that Nextlink was allowed to overlap Diode. Haxby said it was a time of turmoil creating confusion. She stated Nextlink was first.Andy Pollack, attorney for Pinpoint, said Nextlink failed with their opportunity to challenge the PSC decision by being late one day.Below is a link to a Nebraska Examiner article quoting PSC commissioner Dan Watermeier.https://nebraskaexaminer.com/briefs/public-service-commission-rejects-reconsideration-of-overlapping-broadband-grants/Haxby’s concerns are legitimate. The entire board agrees. The question for me is, is the method to stop the overlap, by using a utility permit to change the outcome, appropriate? There are many fiber projects in the state, as Senator Dorn indicated, overlaps will occur and we need to be mindful to not create overlaps. I believe this is out of the county’s hands.Lytle moved to approve the permit. I seconded. Discussion followed. Lytle then moved to go into executive session for further discussion. Again, I seconded. After coming out of executive session the motion failed, 2-5 with Lytle and I voting nay. I felt it wasn’t up to us to correct the PSC’s decision. Will this set a precedence for using a utility permit to deny others when someone passionately disagrees? Lytle stated this issue is above us and the legislature needs to look into it.Motion by Haxby, seconded by Jurgens to approve a resolution to exchange maintenance on 2.76 miles of Hickory Road Between Highway 103 and SW 103 Rd with Blakely Township, for 2.76 miles between W Hickory Rd and Highway 4 on 75th Rd. Motion carried 6-0 with Lytle having left the meeting.This highlights the portions of the county meetings I feel are most relevant to my constituents. Use the link below to view the actual minutes and hear audio of the board meeting, when posted. https://gagecountynebraska.us/board_meetings/enhanced_minutes.aspxFacebook: Don Schuller – Public Servant.

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