Special permit for Peak Gravel denied, court security discussed at commissioners meeting

Mark DeLap
Posted 5/30/23

May 16 commissioners

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Special permit for Peak Gravel denied, court security discussed at commissioners meeting


WHEATLAND – The final May commissioners meeting was a lengthy one due to some of the items that were brought forth as well as budget requests that were brought forth from various service entities throughout the county.

One of the first items brought to the board was from Jim DeWitt, maintenance supervisor for the county. He stated that applications would be accepted for a maintenance position that needs to be filled. The department will be taking applications through June 5.

During the public hearing discussion was heard on allowing  a County Malt Beverage Permit application to Alexa Kennedy. Kennedy intended to apply for the permit under the name of Wyoming Bell LLC, doing business as Wyoming Bell. The original application showed the applicant as Alexa Kennedy doing business as Wyoming Bell LLC. Malcolm Ervin, county clerk indicated the liquor division had a few questions remaining for the application but those would not delay the Commission’s ability to approve the permit application. After no public comment, the board approved the County Malt Beverage Permit for Wyoming Bell LLC contingent upon Liquor Division approval.

In a report from planning and zoning, Del Tinsley made an application to rezone and receive a special use permit and that request was approved by planning and zoning. The board then approved the rezoning and special use permit.

Doug Dumont then presented a request made by Peak Gravel for a special use permit to expand a currently permitted aggregate extraction site and to reduce the setback requirement from one-quarter mile to 300 feet. The site is currently permitted for 10 acres and the request is to permit the entire 60-acre parcel. The request was not recommended for approval by the Planning & Zoning Commission on May 9, 2023.

Chairman Shockley opened the meeting to public comments. Janette Barber, Ruben Navarro, Dave Schroeder and Joan McKee spoke against the request. They were opposed to the request due to residences being within the one-quarter mile setback, theorized lower property values and concerns of noise and dust due to mining activities. Will de Ryk spoke in favor of the request and asked that a trailer house next to Peak Gravel’s property not be considered within the setback area because it would allow 20 acres to be mined and comply with the setback limitations. The decision of the board was to deny the special use permit request made by Peak Gravel. Fiscal Position of the County: Kristi Rietz, County Treasurer, presented the fiscal position of the County as of April 30, 2023.

“The mine is currently permitted for 10 acres and they asked for an additional 50 acres to mine gravel.,” Ervin said in his explaination. “However, that Platte County zoning rules require that mining operations be setback from occupied dwellings by at least one-quarter mile. The additional acreage would have put mining operations within one-quarter mile of five occupied dwellings. Will de Ryk of Peak Gravel asked that the Commissioners not consider one trailer house near their property, which would have allowed them to mine 20 additional acres rather than the 50 additional acres.”

Ervin then went on to new business and presented the recommended budget for Fiscal Year 2023 – 2024 (FY24) to the Board. The Board reviewed budget requests for the Sheriff, Detention, Dispatch and Emergency Management Departments.

The Board met with the Court Security Committee to discuss Courthouse security and in light of the recent violence in the nation, it remained in the forefront of the minds of all those in law enforcement.

“Court Security in the courts is a high priority, we are working towards providing more security,” David Russell, Platte County Sheriff said. “Many times, these are unknown hearings which judges and attorneys walk into. There have been many times we have responded to court hearings due to irate individuals coming at judges or attorneys. Currently we try and work with the courts to provide security at hearings which they feel have a higher propensity to become heated, but it is hard to judge everyone. As a court security council, we are working to provide more.”

Russell also explained the grant that was applied for and received.

“The Community Juvenile Services Board is a grant which we applied for and received,” Russell said. “If approved by the County Commissioners it would partially fund a SRO/Diversion Deputy. We are currently looking for other funding options to fulfill the remaining needs. With the CJSB, we would create the Platte County Youth Services Board. This board would meet to discuss current issues with juveniles in the juvenile justice programs. There would be a determination if someone should be placed into the diversion program portion. The diversion side of the program, giver alternatives to handling criminal charges rather than fines, or jail time. The SRO/Diversion deputy would work to assist juveniles within this program. If we are able to find the additional funds this position would benefit all of Platte County, we would have the SRO/Diversion Deputy rotate through all schools within District No. 1 and District No 2. The SRO portion of the position has been a request from both community members and school staff to assist in providing that additional layer of security in the schools.”