KEARNEY — The Buffalo County Commissioners approved a special use permit for a commercial dog business north of Kearney during their meeting on Tuesday, Nov. 28.
The permit had been submitted by Mark Morten for a commercial dog business performing training, breeding and limited small scale boarding services at 29235, 145th Road north of Kearney.
The permit had been submitted by Mark Morten for a commercial dog business performing training, breeding and limited small scale boarding services at 29235, 145th Road north of Kearney. (Brian Neben, Central Nebraska Today)
This is not the first time Morten has submitted a permit for the facility. The commissioners approved a larger scale facility in December 2022 by a 5-2 vote, with commissioners Tim Higgins and Ronald Loeffelholz voting against it.
Nicholas Ridgeway of Jacobsen Orr Lindstrom & Holbrook represented Morten, who could not attend the Nov. 14 meeting when the permit was discussed.
The original idea had been to allow for 40 dogs, but the plan had been downgraded to a 10 dog, seven kennel facility, Ridgeway said.
Ridgeway noted that Morten had gotten either verbal or written approval from 13 of the 14 neighbors in the area. Travis Martinson, the one hold-out, did not object to the plan but wanted to see follow through on the submitted permit.
The facility had gotten approval by the Department of Agriculture, Ridgeway said.
Morten’s plan is for serious sports training for the dog, with the priority being waterfowl dogs, Ridgeway said.
Several of the commissioners expressed some concern that building on the property for the facility had already occurred without the permit being approved. The question of including an annual inspection with the permit approval was also raised.
Ridgeway questioned if an inspection was standard protocol for a special use permit and noted Morten would not want to be treated differently than any other commercial dog business in the county.
The commissioners noted they have trepidations if someone cannot physically inspect the property to ensure the permit is being followed.
It was decided to hold off on a decision during the Nov. 14 meeting, to allow Morten to appear in person regarding the permit.
At the Nov. 28 meeting, Ridgeway said the question of inspections was the last thing discussed and added that Morten had shown no malice or intent to hide anything regarding the sought permit.
Ridgeway said that Morten is not a “serial zoning regulation abuse,” but a small business owner who was attempting to follow the set rules once he was made aware of them.
Morten would concede to inspections as a part of the permit, Ridgeway said, which was no small matter to allow the local government to inspect his property.
When asked, Morten said he was also subject to drop in inspections by the United States Department of Agriculture who investigate the number of dogs in the kennels, their health, sale records, cleanliness, living conditions, etc.
After the discussion, the commissioners voted unanimously to approve the permit.
During the regular agenda the commissioners discussed a proposal for a facilities condition and needs assessment regarding the City of Kearney/Buffalo County Law Enforcement Center.
Sheriff Neil Miller and Kearney Police Department Chief Bryan Waugh appeared before the commissioners.
Miller said both law enforcement groups have been collocated for over 30 years and their current building has served them well, but the growth of the community, the county and law enforcement responsibilities has created the need for more space.
Waugh echoed that the growth of the community has led to increased law enforcement needs and also more space. He said they plan to continue their partnership between the two entities and the tradition of public safety that has been established.
The needs assessment will consider the possibilities of renovating the current space, building a new facility, or finding an existing space in the community that could accommodate the needed growth.
Steve Gaasch, Buffalo County Facilities Director, said that the assessment is the first step in the process, and they are asking to solicit for groups that could conduct the assessment.
The commissioners approved, with a Dec. 22 date for submission.
There was a quarterly update provided by Two Rivers Public Health Department, represented by Dr. Aravind Menon, epidemiologist.
Menon reviewed Two Rivers’ mission and that they serve seven counties in south central Nebraska including Buffalo, Dawson, Gosper, Phelps, Kearney, Harlan and Franklin and the area’s roughly 100,000 residents.
There were three programs highlighted, including Healthy Families Nebraska, “an evidence-based program that supports families as they work toward a singular vision: all children receive nurturing care from their family that, leading healthy, long, and successful life,” per the Two Rivers website.
This program is a free and voluntary in-home relationship-based service, designed to promote positive parent-child interactions, healthy attachment, and partner with parents to feel more confident.
The next program Menon spoke about was the Two Rivers dental program.
“The Lifesmiles Dental Health Program’s objective is to collaborate with community-based groups, healthcare providers, and organizations to provide preventive dental services with goals of improving access to dental care,” per the Two Rivers website.
The last service mentioned was their Environmental Health service, which includes mosquitoes and ticks, radon, water, pests, air quality and tobacco. However, Menon highlighted their investigation into lead poisoning.
Menon said that homes and structures built prior to 1969 likely contain lead in either their paint or water systems.
Over the past decade, around 70 percent of lead poisoning cases have involved children, who are at risk for health defects. Many of the cases include Dawson County, where a combination of a higher poverty rate and lead incidents creates a worrying situation, Menon said.
However, Menon said the United States has done a good job in detecting lead and taking measures to address it.
In other action the commissioners,
- Approved a NIRMA amendment and addendum to their interlocal agreement with the county
- Amended the county’s purchase card program
- Received revisions on a proposed telecommunications project north of Elm Creek
- Awarded the Daykin Road project to Van Kirk Bros. Contracting, of Sutton and the Coal Chute Road project to Adams Construction Co.
- Approved vehicle tax renewal applications from Mount Carmel Home
The commissioners then entered executive session to discuss contract negotiations.