January 24, 2012

Special Meeting

Antelope County Board

Neligh, Nebraska

 

The Antelope County Board of Supervisor’s convened in special session on Tuesday, January 24, 2012 at 10:00 AM in the County Supervisor’s room, Antelope County Courthouse annex, Neligh, Nebraska.  Special meeting was called for in accordance with Nebraska State Statute Section 23-273.  Special meeting was called for the purpose of conducting a public hearing to amend the zoning regulations.  Meeting called to order by Chairman Kerkman with the following board members responding to roll call: Brandt, Schwager, Baker, Williby, Henery and Kerkman.  Bolling appeared at 10:19AM.  Chairman Kerkman stated that the open meeting laws are posted on the east wall of the Supervisor’s room with more copies available at the County Clerk’s office.  

 

Notice of the meeting was given in advance thereof by publication in the four county newspapers, legal newspapers printed and in general circulation in Antelope County, Nebraska as shown by proof of publication filed in the County Clerk’s office.  A letter and agenda for said meeting was sent to all members of the County Board of Supervisor’s.

 

Chairman Kerkman opened the public hearing at 10:01 AM with the following board members responding to roll call: Brandt, Schwager, Baker, Williby, Henery and Kerkman.  Bolling absent at the time of roll call.  Antelope County Zoning Administrator Char Carpenter as well as several individuals from the public was also in attendance.  Chairman Kerkman read the proof of publication which was published in the Neligh News and Leader, Clearwater Record, Elgin Review and Orchard News and stated that the meeting was for the purpose of reviewing and/or amending  zoning regulations 1005 and 1007; 501.03 subsection 1; and 501.05 subsection 6; 502.05 subsection 8, 503.05 subsection 8 and 303.  Chairman Kerkman asked for information from Antelope County Zoning Administrator Char Carpenter.  Carpenter – where doing possible amendments.  Changes would affect Section 1005 and 1007 to change the written statements that go out to the applicants after public hearing.  Currently states its 7 days we would like to change that to 14 days to give Carolyn a little more time.  Sometimes when she is really busy that time – 7 days is kind of crowding her.  It doesn’t affect me too much but another 7 days isn’t going to hurt either, so that’s one change.  Section 501.03 Subsection 1 makes it a conditional use instead of a permitted principal use and that’s for commercial grain and produce storage uses, including storage warehouses and grain elevators.  I will elaborate a little bit.  Meuret’s, they added on a grain bin last summer, they did not have to go through zoning it was a permitted principal use.  They didn’t have to do the public hearing; they still filed a permit with me and everything that way.  No conditional use was needed.  We’re going to change that or would like to change that to make another conditional use so then it does have to come back through the public hearing process.  Kind of goes along with the rest of the anhydrous stuff that we’ve been talking about; so that’s one of the changes we’d like to look into.  Section 501.05 Subsection 6, 502.05 Subsection 8 and 503.05 Subsection 8 deals with the commercial fuel and fertilizer bulk plants – changing that a little bit to make it more user friendly for everyone.  Putting a definition in of bulk storage – we don’t have a definition at the moment so we changed things that really needs to be in there – as a definition so we know what we’re talking about.  That’s what we have at the moment, any questions.  Chairman Kerkman asked if the board had any questions about the amendments.  Kerkman – were these recommendations by the (Carpenter interrupted).  Carpenter – this is all recommendations from the Planning Commission.  We’ve done their public hearings it’s now on your table.  Schwager – okay beings these are changed like this Char – do they have to come back and get a permit for each one of these or does that change that?  Carpenter – it would just -  this comes out of CVA’s (Central Valley Ag) everyone knows wants to put in the bulk fertilizer tanks and anhydrous tanks.  Right know there’s a quarter of a mile setback.  This would change that to 500 feet and then it’s still is a conditional use permit and it would come back before both boards and you could add conditions on to it to mitigate any other potential problems you see, they can’t just out right do it without doing a conditional use permit.  Schwager – so otherwise you’re telling me that we’re changing these cause of the bulk plant for CVA up there.  Carpenter – that’s kind of the jist of it and anybody else.  I mean if Meuret’s wants to come back and they want to put in bulk fertilizer and anhydrous down the line they’ll have to follow the same rules and regs.  Williby – how did you come up with the number?  Was this the State?  Carpenter – this is the States recommendations we’ve took in the State Fire Marshall’s code is what we’re following and I have that downstairs if you want me to get it.  Carpenter was asked to get the fire marshals code.  Kerkman – are neighboring counties also adopting this on grain elevators and so forth too?  Carpenter – I don’t know the answer to that.  Carpenter handed out the Fire Marshall’s code.  Carpenter – when I did do my own research – this is kind of standard throughout the planet.  Canada kinda follows the same things.   It’s nothing unusually with the State Fire Marshall’s stuff.  No further questions from the board.  Chairman Kerkman opened the public portion of the hearing at 10:10 AM and asked for those in favor of the changes to testify.  Karl Hensley – I’m an employee of CVA.  I guess I’d just like to cover a few things.  The information that you’re looking at is provided by the American Standards which the Fire Marshall in most States adopt as well as all the other industries so it’s nothing that CVA is doing particularly but it’s a well known fact that all your major manufactures all follow the same guidelines.  The other thing I’d like to just encourage you guys to go ahead and vote in favor of changing the language; I understand that this was all brought up because of CVA’s proposal site but actually the language change today is basically to promote more business opportunities in Antelope County which I think we all should encourage.  Another point I’d like to make I think what we’re doing there is a state of the art facility meets all the state federal, environmental regulations and what we are trying to do is bring business opportunity to Antelope County and also brings tax base which is good and so we’d appreciate your in favor vote.  Chairman Kerkman asked if there was anyone else who wanted to testify; none stated.  Chairman Kerkman as for those opposed to the amendments to testify.  Sally Finch – asked about the language and changes made to the storage tanks.  I’m just curious as to where its sitting; whether its 2 – 30,000 gallons tanks or whether it’s a total for the whole facility or as far as the setbacks are concerned because the Planning Commission was wanting to change how it was originally presented.  A copy of the proposed amendments was handed out.  Finch – so is says that with a capacity of more than 30,000 gallons, but less than 100,000 gallons – that is for the whole facility or that’s per tank – that’s my question because that discussion was held at the Planning Commission and I’m just wondering what you’re voting on today – which way is it?  Kerkman -  I’d have to call on one of you to answer that question?  (Kerkman was referring to the CVA representatives present).  Finch – Well that should be part of the regulations.  I mean is the regulations stating that – it says that the “explosive or poisonous gas materials storage tanks with a capacity of more than 30,000 gallons or less the minimum separation shall be 500 feet.”  Carpenter – I believe it was per tank if I remember right.  Finch – and one of the comments that was stated at the Zoning Commission was that it shouldn’t really matter if there’s one tank or two tanks as long as its under that amount because the chances of both of those tanks having a failure or something at the same time is practically impossible, which that’s true.  But the more tanks you set there no matter how many there is the more valves you have the more – to me – the higher percentage you have of something happening. So I think it should be in the reverse it should be considered by the number of tanks there are not necessarily the quantity.  Do you understand what I’m saying?  So if you have ten tanks there you have ten valves you have a much higher percentage of something happening than if you do with one tank and one valve.  And I think the way they were taking at the Planning Commission that night – to me they were thinking of it backwards they were like saying – well whatever it doesn’t matter how many tanks you have they’re not all going to go bad at the same time.  Carpenter – and if I remember right – guys look in your State Fire Marshall’s - they follow the State Fire Marshall – cause Orville had written it the other way and they decided not to do it that way they wanted to do it the State Fire Marshall so it was already something that was stated.  Finch – I really think for clarification you need – per tank – it should say that in your regulations because that question is going to come back to you next time.  Carpenter – and that can be adopted as part of the amendments today if that’s what the board wants to do.  Finch – and then my only other comment is I think we’ve all resolved ourselves to the fact that this is going to happen.  So I guess I’m putting it upon you to make them make it be safe;  and I know they’re saying they’re going to be good neighbors – we’ve heard that and heard it, heard it but the comment came up that a sprinkler system or something could be put on this as a safeguard so that if there is a leak it pretty much stops any harmful thing right then and there – their comment was well that’s going to cost us more money and we have to pass that on to our customers – and I guess I feel like that if you want to be a good neighbor then you shouldn’t have to make it mandatory that they put it on there, they should be willing to do that, but obviously they’re not so I would plead to you to please at least make them do that.  Carpenter – and that’s something that when it comes back for a public hearing that that would be a condition.  Finch – and also of course naturally the place I’m concerned about is my mothers which is directly south of this and you know how many south winds we have in this country so I think she is put at risk so I think at least that is something that needs to be done.  Chairman Kerkman asked if there were comments from anyone else.  Ken Schwager – I’m opposed to it but I’m not opposed to bringing new business into Antelope County.  This question was brought up from the governor’s office and they want to know what is the real legal reason for changing this?  Is there a principal that you’ve got to follow that you want to change these regulations and can they be changed again down the road?  Maybe 500 feet isn’t close enough.  Carpenter – yep – nothing is ever written in stone – amendments can always be done.  Comprehensive plans change, your vision for your county changes.  A request needs to be made to the Planning Commission to look at changing regs.  Things change over time.  Schwager – so otherwise you’re saying – not CVA or anybody at this fertilizer plant – if they want a change some of this they can come back to the zoning board and change it to 250 feet or 150.  Carpenter – yep, and it can always be changed at a conditional use public hearing if we’re doing a specific permit – maybe conditions aren’t right for the 500 feet, maybe it would be 750 feet or 200 feet.  It’d be a condition that you could add on to that permit specifically and any other safety measurers can be added specifically to any permit.  Kerkman asked if there was anyone else opposed who wanted to testify; none stated.  Chairman Kerkman asked if there was anyone present who is neutral to the permit and would like to testify; none started.  Chairman Kerkman asked for other testimony; none stated.  Chairman Kerkman asked Carpenter if she had any clarifications that needed to be made at this time; none stated.  Supervisor Bolling appeared at 10:19 AM and asked what regulations were being changed.  Carpenter reviewed the proposed changes with him.  The per tank language was discussed and it was pointed out that in the Subsection 6 at the bottom it does state “per tank basis.”  Chairman Kerkman closed the public portion of the hearing at 10:28 AM and asked for a motion from the board.  Motion by Henery, seconded by Baker to accept the Planning Commissions changes to zoning regulations 1005, 1007, 501.03 Subsection 1, 501.05 Subsection 6, 502.05 Subsection 8 and 503.05 Subsection 8 and 303 Subsection 15.  Those voting aye: Bolling, Brandt, Schwager, Baker, Williby, Henery and Kerkman.  Nays none.  Motion carried.  Motion by Schwager, seconded by Brandt to adjourn.  Those voting aye: Brandt, Baker, Williby, Schwager, Bolling, Henery and Kerkman.  Nays none.  Motion carried.  Hearing closed at 10:29 AM.

 

Meeting adjourned at 10:29 AM.                         ANTELOPE COUNTY BOARD OF SUPERVISORS

 

                                                                                    By:  _______________________________________

                                                                                           Chairman of County Board

 

                                                                                    Attest:  ____________________________________

                                                                                                Antelope County Clerk