York County Press Release
YORK COUNTY – It was a surprising morning, Tuesday, April 15, when the York County Commissioners’ earlier vote to put in place solar project zoning regulations, including half-mile setbacks, was suddenly reversed. What this means, in a nutshell, is that the county still has no solar zoning regulations, and they are going back to the drawing table.
Two weeks ago, with a split vote of 3-2, the commissioners approved solar project zoning regulations which had been formulated by the county’s planning/zoning commission – which included half-mile setbacks for large Class 4 commercial/industrial zoning projects. Voting in favor of adopting those regulations were Commissioners Andy Bowman, Daniel Grotz and LeRoy Ott. Voting against were Commissioners Randy Obermier and Joe Burgess. The vote was taken as a simple motion.
Following that meeting, York County Commissioner Chairman Obermier discovered a resolution needed to be passed – it could not just be done with a simple motion, as it was to amend the county’s zoning regulations.
So on Tuesday, April 15, the matter was put on the agenda for the commissioners to vote on a resolution, which stated the regulations which had been approved through the simple vote process.
However, when the second vote was taken, on the resolution, Ott suddenly reversed his vote from the last meeting – so the passage of the resolution failed with a vote of 3-2.
Because the resolution failed, the matter will go back on the agenda in two weeks as the commissioners start talking about solar project zoning regulations all over again.
Before the resolution was addressed, Obermier said, “The reason this resolution is before us is that when I came into our meeting (two weeks ago), I was with an assumption. I wasn’t properly prepared for how the vote went and I was taught a lesson. Afterward, I looked into it and I found we needed to pass this by resolution. After talking with NACO (the Nebraska Association of County Officials) and the county attorney’s office, we put it right back on the agenda. I screwed up. I should have been prepared and did my homework, to have known this had to be done as a resolution. The resolution has now been reviewed by the county attorney’s office and I’ll entertain a motion.”
Bowman made a motion to approve the resolution, which reflected exactly what the board had already approved during the meeting two weeks ago.
“I will vote against,” Burgess said. “I’ve already voted that way. Having no compromise is why we are in this situation. These regulations ultimately ban solar projects. I think people should be able to make money on their land and I’ve already said the changes I’d like to see made. These regulations aren’t done yet. This document isn’t finished. These regulations go against American ideals.
“I’ll speak, since I’m the one going this way and that way on the matter,” Ott said. “When Joe (Burgess) was sitting in his chair, talking about how these setbacks are too much and we need compromise – well, I sat in that chair for a year and a half doing the same thing. It starts to wear on you. That’s where my vote came from (two weeks ago), as this is getting long and tedious. I’d love to be somewhere in the middle but no one wants that. I might change my vote today and then other people can be mad at me. I’d hope we could end up in the middle. Remember, no one liked ethanol either when it came. If I change my vote, I change my vote. Landowners do have rights.”
“To LeRoy’s point, none of us have come to our decisions lightly,” said Commissioner Grotz. “No one on this board has not taken seriously the comments and the data. I will second the motion.”
“I’ve done the research, I’ve met with the people from both sides, been part of the debate,” Bowman said. “I’m ready for a vote.”
Voting in favor of the resolution which would have set the earlier-approved solar zoning regulations, to include the half-mile setback, were Bowman and Grotz.
Voting no, staying with their earlier votes, Obermier and Burgess voted no.
Ott reversed his earlier vote, this time voting no.
“Now, that leaves the last vote null and void,” Obermier said. “So yes, that means, we will now begin working on these again. It will be back on the agenda again . . . the discussion on the zoning regulations.”
