Story - The Meade County Messenger


Vol. 117, No. 37	September 16, 2009

Quarry zoning passes, new controversy on FC erupts

By ROBYN GREGORY
Messenger Staff

The Meade County Fiscal Court held its regularly scheduled meeting Sept. 8, approving 5-2 the recommendation of the Planning and Zoning Board’s recommendation to rezone 488 acres owned by James Collins in Battletown from AH-1/agricultural to H1 heavy industrial. The rezoning paves the way for Meade County Quarry, LLC to continue pursuit of a limestone quarry with an on-site crusher, and loading facility on the Ohio River. (See story this page).

During approval of the county’s claims and transfers, Magistrate Herbie Chism questioned the practice of fellow magistrates getting hotel rooms in Louisville at training conferences, rather than commuting back and forth from Meade County.

Prior to the public session, Judge Executive Harry Craycroft reminded the audience that the attorney general had issued an opinion that without scheduling a public hearing concerning the quarry, testimony would be limited to evidence already before the Planning and Zoning board.

David Bell took the podium to speak regarding the quarry, but was quickly reminded of the ruling and swiftly concluded his prepared remarks after admonishment by County Attorney Margaret Matney.
During the public session, Brenda Morris of Wee Care Daycare in Flaherty, voiced complaint about two pieces of unkempt property bordering her facility. Planning and Zoning Director Charles A. “Tony” Coletta, explained he had spent months tracking down the property owners and lacked authority to pursue the matter further without proper ordinances in place.

After the minutes of the Aug. 11 and 25 meetings were approved, Mark Gossett, Solid Waste Director reminded the board that the tire amnesty program was to be held Sept. 10-13. It is a state program that happens once every four years and may not happen again, he said.

The Fiscal Court unanimously approved $2,000 for the Meade County Firefighter’s Association for their upcoming fire school, the same amount approved last year.

Mike Curl, who resigned from the Meade County Fire Protection District, due to relocation was replaced by Firefighter Capt. Terry Compton to fill the vacancy until the general firefighter election is held in June 2010. The vote was unanimous.

The Fiscal Court decided to hold job interviews for the IT coordinator position on Sept.17, and agreed to include any department heads who wished to sit in.

It agreed to have any corrections or changes to the proposed nuisance ordinance submitted by Sept. 14 prior to review by the county attorney and a public hearing.

The Court entered a 30-minute closed session under KRS 61.810 to discuss termination of an emergency medical technician (EMT) who failed a drug test. The Court emerged without action on the matter before granting EMS director Pam Weber’s request to advertise for two part-time and one full-time EMT position.

The Fiscal Court approved voted unanimously to keep real property taxes at .216 cents. The inventory tax rate was kept at .38 with an unanimous vote.

County Attorney Matney explained a decision regarding release of information about Planning and Zoning’s ongoing open cases, citing exceptions to the open records act which include privacy concerns and statutes regarding the preliminary nature of the pending cases.

The Fiscal Court approved unanimously the rezoning of David Allen’s property at 12 Rick Stansbury Street in Wolf Creek from R-1 to R-4.

It then took up the quarry issue. Magistrate Herbie Chism proposed an amendment to the meeting that would allow a public hearing in Fiscal Court prior to the final vote. His amendment was defeated. Following brief explanations of their vote, magistrates approved the rezoning 5-2. Magistrates Herbie Chism and Randall Hardesty voted against the zoning request, with magistrates Tom Goddard, Mark Hubbard, Steve Wardrip, Tony Staples and Judge Executive Harry Craycroft voting for the measure.
Prior to approval of the county’s claims and transfers, Chism brought up the fact that magistrates stayed at the Galt House in Louisville during the Governors Local Issues Conference. His statement was “duly noted” prior to approval of the claims.

Battletown quarry battle wages on.....

By ROBYN GREGORY
Messenger Staff

Its a long, long road.

Big Bend road in Battletown is actually only about 20 miles long, but figuratively speaking the controversy surrounding the 488 acres at 2595 Big Bend Road spans over a year and cuts through a community. It is at the center of Meade County Quarry’s (MCQ) quest to operate a limestone quarry there; members of the community that oppose yet another one; and a 71-year old man that simply wants to sell his land and move on..

MCQ was organized by a group of Chicago investors that have been working already for 18-months to acquire land from James Collins and operate a limestone quarry, with a crusher onsite, and a loading facility for river barges. In August, 2008 the planning and zoning board denied the company’s request to rezone the property. MCQ received its state surface mining and extraction permits on Jan. 6, 2009, began full operations according to the terms of the permits, and began exploratory blasting.

When the Meade County Fiscal Court approved the planning and zoning board’s 4-3 recommendation to rezone the property from A2/agricultural to H1/heavy industrial on Sept. 8, it was one more step in what could be a 1-2 year process for the necessary permitting and construction. This includes various state and federal agencies, and the Corps of Engineers - though MCQ declined to specifically say what permits it has and has not received to date.

Opponents already have two appeals pending with the Kentucky Division of Mine Reclamation and Enforcement, one that was tentatively scheduled to be heard Tuesday at an administrative hearing. David Bell, a Big Bend resident and Louisville attorney Tom Fitzgerald are challenging the State’s issuance of a permit, citing deficiencies, deletions, and inaccuracies as well as environmental issues and the effects of
blasting.

Slaby in turn points to one issue of the appeal - the Indiana bat -- as a delay tactic. He said MCQ hired “THE Engineering” firm to conduct a two-day study which found no Indiana bat habitat on the property. The firm’s report found “geologic features observed on the site do not meet hibernation site requirements of the Indiana bat or summer/wintner cave conditions for the gray bat.”

“It would appear that Mr. Bell has not thoroughly researched the rigorous process which we have gone through to get the permit approved, all of which is public record. One false allegation, and a good example of Mr. Bell’s incorrect challenge of our constitutional rights, is that MCQ did not do the proper surveying for the Indiana bat,” Slaby said.

Bell said his actual concern was MCQ’s remedy to the environmental impact.

“Their plan is to only cut trees down during a certain part of the year,” he explained. “But after one year all the trees on the entire site will be cut down and their breeding sites will be gone forever. That was the remedy their survey resulted in... We are a peninsula sticking up into Indiana, and to say that the bats stay across the river is ridiculous to me.”

Slaby asserts that MCQ would address any valid envionmental claims in the appeal.

“In short, baseless, ill-researched claims like that bat survey not being done is only hurting the county by needlessly delaying much needed jobs and tax revenue,” Slaby said.

“My claims in this petition to appeal may seem baseless to him, but I believe in the interconnectedness of all of us and all of this planet. If 500-acres are turned to a barren pit, there are going to be impacts. That is a statement from me, David Bell, not from a battery of lawyers and paid experts”

Issues also linger from the original planning and zoning public hearing -- one being the testimony of Indiana residents.

“MCQ was disappointed that David Bell brought protestors in from many other counties and Indiana that had never voted, paid taxes, or raised their children in Meade County, In fact, 7 of the 11 Bell protest speakers did not even live in the county or state,” said Slaby.

According to Bell, the Indiana residents live 1/4 of a mile from the site and would be facing “a giant amphitheater.”

“Lets remember the people bringing up this issue are entrepeneurs from Chicago who are coming in here and they will take the cream of the money and be gone,” said Bell.

Slaby went on to point out that Bell did not attend the CEMEX rezoning meeting in July.

“If Bell was really passionate about his beliefs you would have thought he would have at least attended this meeting and would be protesting all quarries... This does not make sense and looks very peculiar,” he added.

There are differences, though, said Bell.

“CEMEX has been there for over 100 years. It was there long before I came. This is a line in the sand. With one more quarry opening up it is opening the doors for the ultimate destruction of this county. This one will go river to river across Big Bend and if we don’t speak up now this will be the end of this little part of the world,” explained Bell.

The high unemployment rate in Meade County adds another twist in the road. MCQ says it will bring about 25 generational jobs to Meade County with salaries between $35,000 - $75,000 a year, as well as economic benefit to related industries like contractors, electrical firms, equipment dealers, carpenters, mechanics, river operations and even hardware stores.

“I respect someone’s need to have a job and I would ask in the same breath they respect my right to defend my home,” said Bell. “I don’t want to stir up animosity, I just want to protect this area for future generations and those who follow. I totally understand the need for jobs, but these will be years down the road.”

Meanwhile, landowner James Collins patiently awaited the Fiscal Court decision last week that has been 2 1/2 years in the making since he first tried to sell his land.

“I am not getting any younger, my children have moved out of state and I want to leave and spend more time traveling,” explained Collins. “This land is not suitable for farming. The best use for this land would be the quarry. It would benefit the county greatly.”

The possible tax revenue is one reason cited by Fiscal Court members for their vote.

“My understanding of it is they could mine the rock and load it out and not crush it and the county wouldn’t get any money out of it from the severance tax. The quarry people said they would send it offsite for crushing and we wouldn’t get anything out of it. They said they were going to do it either way. Part of us thought they were bluffing and they wouldn’t do that, but that was one reason I voted for it,” said Magistrate Steve Wardrip.

Randall Hardesty voted “no” on the measure.

“I think everyone understands my quarry vote. They quarry is in my district,” said Hardesty. I had gone to several meetings, and people had called me and the majority were against the quarry because it would affect their lives. I could not go against those people. When I ran for the magistrates job I said I would do what the majority of the people wanted me to do. I stayed with my people.”

Magistrate Herbie Chism also opposed the motion, and offered an amendment prior to the vote.
“There were questions that I would like to have had addressed and as a court member I feel like that was my obligation. So I offered the amendment to the motion so we could have a chance,” said Chism.
“I wanted a public hearing and maybe I would have changed my mind and voted with them. So I had to vote against it.”

As the quarry proceeds, state inspectors will check compliance every 4-6 weeks according to Steve McKenzie, manager of the state’s non-coal regulatory branch. Also every quarter, MCQ will hold a citizen’s advisory group meeting according to MCQ principal Scott Ely in public testimony at the original planning and zoning hearing.

Long term, the quarry would be in operation between 30-50 years and those who oppose it plan to continue their efforts.

“I had breakfast with Mark Slaby the Fiscal Court vote,” said Bell. “It is apparent again and again. He was trying to find out how long I would resist this. And I let him know as long there is hope that we can prevent this there will be a corps of us that will continue to try to prevent it.”

He added that he fosters no ill will towards people in Meade County who have a different view.

“I want to reiterate that I respect people’s need to pursue things that they think will give them jobs and in the same way I hope they respect someone trying to protect their home and way of life. I wish it could be both ways,” said Bell. “I think he (Slaby) is trying to stir this up to put presure on me in the community when at this point the decision has been made by our governing bodies. The battlefield now goes to the state level and onto the federal level as they try to get different permits. I hate to see issues like this polarize and divide people, but so be it.”

Click Here to Go Back