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Owner: Items are 'my personal stuff'
McCOOK, Nebraska -- It took a threat from the commission chairman and admonitions from the county attorney to quit interrupting each other before much could be accomplished at the Red Willow County commissioners' weekly meeting regarding a "salvage yard" southwest of McCook.
Bill Mathies of McCook, Nebraska, defended his property -- saying it's "just my stuff, my personal stuff," and not a salvage yard -- when neighbors Chris and Merrilee Craig complained to commissioners about the salvage yard they say is not in compliance with county zoning regulations and has materials that may be endangering the environment.
Commissioners and county zoning administrator Darcey Eckhardt last week told Mathies he has to move his accumulation of inoperable vehicles and appliances so that it is at least one-half mile from any neighboring home and apply for a conditional use permit to allow the stuff that fits the county zoning regulation description of a salvage yard: "Land where waste, discarded metals, building materials, paper, textiles, used plumbing fixtures, inoperable appliances, inoperable motor vehicles, machinery or parts thereof, or other used materials are bought, sold, exchanged, stored, baled or cleaned, excluding pawn shops, used appliance or furniture sales or operable used vehicle sales establishments."
Mathies disagrees, telling commissioners Monday, "I don't want a conditional use permit. It's not a scrap yard; it's just my stuff."
Monday's meeting, called to discuss the Craigs' formal complaint against Mathies' property, broke down into a shouting match and a lot of talking on top of each other when Mathies said, "I'm going to take care of it," and Merrilee Craig said she wants a date, a deadline by which Mathies must come into compliance with county zoning set-back regulations.
"If we can't be civil, I'm going to end this meeting," said commission chairman Earl McNutt. County Attorney Paul Wood told those at the hearing that one side at a time could talk, that each side would be given a chance to tell its side of the story.
Chris Craig told commissioners that he has contacted the Department of Environmental Quality about a pile of computer monitors that Craig says contain parts that "are toxic. Our water table is at 80 feet," Craig said. "This is not being monitored," he said. "It poses an immediate possible threat to our environment. We want something done."
Craig said he may also contact the EPA, the federal government's Environmental Protection Agency.
Craig said that his house is 263-265 yards from parts of Mathies' operation.
Craig said that he and Mathies have had an amicable relationship, that he (Craig) has offered to buy Mathies' land, but that Mathies wants too much money. Craig also said that Mathies can purchase his (Craig's) property.
McNutt said that the county has zoning rules that must be followed, and Wood said that zoning regulations are the county's only concern in this particular situation, that environmental issues must be handled by the DEQ and EPA. "The county has no jurisdiction over environmental concerns," Wood said.
Wood said that Mathies has several options: 1. Quit and get rid of everything; 2. Bring his operation into compliance with zoning set-back regulations for a salvage yard and obtain a conditional use permit; or 3. Request a variance/exemption for the operation as it exists today from the county's board of zoning adjustment.
Wood strongly encouraged getting voluntary compliance from Mathies because it's quicker and less expensive than taking a case through the court system. All commissioners can do, Wood said, is have Eckhardt work with Mathies to bring his operation into compliance with zoning regulations. McNutt said that with Eckhardt's help, commissioners will come up with a fair timeline for Mathies to come into compliance with zoning.
Mathies objected loudly when Craig showed photographs of Mathies' land that Craig said were e-mailed to him. "It's illegal to snoop on my property," Mathies said. "They were trespassing on my property," Mathies said, showing the pictures to Wood. "They were up on my trailer." Wood told Mathies that it's not "trespassing" unless the property is posted and/or enclosed and someone has come onto the property, has been told to leave and he/she refuses.
Commissioner Leigh Hoyt told Mathies that he, too, had gone onto Mathies' property to get a feel for the situation. "If I was a citizen or the DEQ, I would consider this as a salvage yard." Hoyt said. "It's definitely my classification of a salvage yard. I'm sure the DEQ is going to label it as a salvage yard," and the DEQ will most likely require the proper licenses.
Mathies responded, "They can give me some guidelines and I'll take care of it."
Hoyt said the commissioners were not trying to take Mathies out of a business. There's a place in society for a salvage yard, Hoyt said, but that they all need to follow county zoning rules and regulations.
Mathies told commissioners that he doesn't think he can relocate his accumulation so that it is one-half mile from any neighboring house. "I can move it out of their site," he said, but not at least one-half mile away.
Commissioners told Mathies at their May 17 meeting that once he moves his operation another 1,000 feet from the neighbor's home, he can apply for and, if all other requirements are met, be granted a conditional use permit.
Mathies left Monday's meeting saying, "Well, I'm going to go get "No Trespassing" signs."