$3 million depends on Humane Society OK

It's all about the animals -- or at least, the building where they're kept.

McCook Humane Society board members have proposed changes to documents the Burlington Northern Sante Fe Railroad wants them to sign in order for the City of McCook to receive a $3 million settlement from the railroad.

The railroad has asked the Humane Society for the right to enter the animal shelter periodically, to conduct air quality testing regarding contaminates from the diesel spillage. BNSF has agreed to honor the lease the Humane Society has with the city, which goes until 2021.

Changes the board members are requesting in the right of entry and access easement documents include:

* that BNSF will comply with all state and federal requirements regarding the abandonment and sealing of monitoring wells currently in place or in the future, that are located near the animal shelter

* copies of test results BNSF conducts on the premises to be forwarded to board members within 60 days.

* BNSF agrees to financially reimburse the Humane Society for any damages that may occur from the diesel oil spillage.

After a closed board meeting on Tuesday, board members and Humane Society attorney Bryant Brooks were joined by City Manager John Bingham and City Attorney Rhonda Vetrovsky to answer additional questions.

Board President Anne Dowd said the board's main concern was that the Humane Society does not have the financial means to relocate if damages from groundwater contaminates were to force the shelter to move.

"We have to think of our future," Dowd said. "Who is protecting us?"

Bingham said tests results from the monitor wells currently in place show that the oil spillage is receding from the property. These test results are available for public inspection at the public library, he said. Bingham also said that $3 million was deducted from the state revolving loan funds being used for the new water treatment plant, and that this project is $2 million over budget.

"We're doing what we can do to act in compliance, to get out from under this," he said, "but we cannot afford to stop the work, because then we're facing fines, which will have to be paid by the water users."

Brooks said the intention of the Humane Society was not to delay the settlement payment, but to financially cover any damages the shelter might face in the future.

Board members will find out by Friday if BNSF accepts their changes, when they meet with Bingham and Vetrovsky at noon.

"How can a little thing like the Humane Society be so important for $3 million, (yet) we don't get anything out of it?" Dowd asked.