Second hearing on Hyperion is Monday
By Michele Linck Journal staff writer | Posted: Friday, February 29, 2008
ELK POINT, S.D. -- Anyone with an opinion on Hyperion Resources' zoning application will have a chance to express it Monday evening at the Union County Board of Commissioners meeting and public hearing.
Board Chairman Doyle Karpen said the board will not vote that night on the ordinance required to change the zoning, since it requires at least two "readings."
The Dallas company is asking Union County to change the zoning on 3,882 acres from agricultural to energy center planned development district. Hyperion is proposing to build a 400,000 barrel-per-day oil refinery and small electrical plant on the site, which is northeast of Elk Point in southern Union County.
Monday's meeting begins at 5 p.m. in the Elk Point-Jefferson High School gym, 402 Douglas St. in Elk Point.
Speakers will be required to sign in between 4:30 and 6:30 p.m. and each speaker will be allowed up to three minutes.
Commission Chairman Doyle Karpen said the rules and the moderator will be the same as those for the Jan. 16 public hearing held on the application by the county's planning and zoning commission.
Although a Hyperion spokesman said the company had requested time to make a presentation on the project at the hearing, both Karpen and County Auditor Carol Klumper, who prepares the agenda, said they were unaware of the request. The company gave a roughly half-hour overview of the project at the start of the P&Z's public hearing on Jan. 16. That hearing began at 7 p.m. and concluded shortly before midnight.
Karpen said the earliest the board of commissioners could vote after Monday's hearing would be during its regular meeting on March 11. The vote could also be later.
Whenever it takes place, refinery opponents have vowed to petition for a referendum to overturn the zoning change, if the vote is in favor of the planned development district. They could immediately file a petition to force a referendum and begin collecting signatures, and then would have 20 days after the legal notice of the vote is posted in the four county newspapers to return the signed petitions. Karpen said the earliest the notice could appear is March 19 or 20.
The election must then be held within 60 days of the county auditor's validation of the signatures; 471, or 5 percent of the 9,411 active registered voters at the time of the 2006 general election.
However, the law extends that deadline to 90 days if an election is already scheduled in that period, which it is. The statewide primary is set for June 3.
Karpen said the secretary of state's office would need the ballot language for the referendum question before March 27.
Hearing rules
The following rules will be observed at the Hyperion rezoning hearing Monday:
-- All who wish to comment must register to speak by signing in prior to 6:30 p.m. If not signed in, you will not be allowed to speak. Sign-in sheets will be available only from 4:30 p.m. until 6:30 p.m. on the day of the hearing. All those who do register within this time period will have the opportunity to speak during the public hearing.
-- All pagers and cell phones must be turned off, and shall remain off, during the meeting.
-- Public comment will be taken only during the "Public Hearing" portion of the hearing, as set forth on the agenda.
-- All speakers will be allotted three (3) minutes to speak. (However, the moderator will be able to adjust time allowances in order to provide the maximum opportunity of the public to be heard.) Speakers will be asked to state their name and address and any group affiliation if any when speaking to the commission. When time is up, they will be asked to stop.
-- The moderator shall call for each speaker from among the names that have registered to speak. If there is no response to the name being called twice, that speaker shall forfeit his/her opportunity to speak at the public hearing.
-- All speaker comments must be relevant to the subject matter of the public hearing and directed toward the proposed zoning change requested by the applicant and being considered by the commission. Further, all comments shall relate solely to substantive matters that are within the commissions' jurisdiction. The moderator has the authority to rule out of order any person who makes comments that are not relevant.
-- All speakers' comments must be directed to the commission, and not to the applicant, county officials and staff or to other members of the audience.
-- No person will be allowed to speak more than onece during the hearing.
-- There will be no time-sharing or yielding of allotted time from one speaker to another.
-- This is a hearing for public comment only. The commission will not answer questions.
-- Show respect for the speakers and the commission. Any disruptive arguing, talking, whispering, snickering, applauding, media interruption etc. from the audience during this meeting may be grounds to be asked to leave or to be escorted out.
-- There will be no form of demonstrating, carrying of placards/banners, etc. allowed inside the building.
-- The moderator may end the public hearing at 9 p.m. with discretion to either close or continue the meeting based on public participation.
Board Chairman Doyle Karpen said the board will not vote that night on the ordinance required to change the zoning, since it requires at least two "readings."
The Dallas company is asking Union County to change the zoning on 3,882 acres from agricultural to energy center planned development district. Hyperion is proposing to build a 400,000 barrel-per-day oil refinery and small electrical plant on the site, which is northeast of Elk Point in southern Union County.
Monday's meeting begins at 5 p.m. in the Elk Point-Jefferson High School gym, 402 Douglas St. in Elk Point.
Speakers will be required to sign in between 4:30 and 6:30 p.m. and each speaker will be allowed up to three minutes.
Commission Chairman Doyle Karpen said the rules and the moderator will be the same as those for the Jan. 16 public hearing held on the application by the county's planning and zoning commission.
Although a Hyperion spokesman said the company had requested time to make a presentation on the project at the hearing, both Karpen and County Auditor Carol Klumper, who prepares the agenda, said they were unaware of the request. The company gave a roughly half-hour overview of the project at the start of the P&Z's public hearing on Jan. 16. That hearing began at 7 p.m. and concluded shortly before midnight.
Karpen said the earliest the board of commissioners could vote after Monday's hearing would be during its regular meeting on March 11. The vote could also be later.
Whenever it takes place, refinery opponents have vowed to petition for a referendum to overturn the zoning change, if the vote is in favor of the planned development district. They could immediately file a petition to force a referendum and begin collecting signatures, and then would have 20 days after the legal notice of the vote is posted in the four county newspapers to return the signed petitions. Karpen said the earliest the notice could appear is March 19 or 20.
The election must then be held within 60 days of the county auditor's validation of the signatures; 471, or 5 percent of the 9,411 active registered voters at the time of the 2006 general election.
However, the law extends that deadline to 90 days if an election is already scheduled in that period, which it is. The statewide primary is set for June 3.
Karpen said the secretary of state's office would need the ballot language for the referendum question before March 27.
Hearing rules
The following rules will be observed at the Hyperion rezoning hearing Monday:
-- All who wish to comment must register to speak by signing in prior to 6:30 p.m. If not signed in, you will not be allowed to speak. Sign-in sheets will be available only from 4:30 p.m. until 6:30 p.m. on the day of the hearing. All those who do register within this time period will have the opportunity to speak during the public hearing.
-- All pagers and cell phones must be turned off, and shall remain off, during the meeting.
-- Public comment will be taken only during the "Public Hearing" portion of the hearing, as set forth on the agenda.
-- All speakers will be allotted three (3) minutes to speak. (However, the moderator will be able to adjust time allowances in order to provide the maximum opportunity of the public to be heard.) Speakers will be asked to state their name and address and any group affiliation if any when speaking to the commission. When time is up, they will be asked to stop.
-- The moderator shall call for each speaker from among the names that have registered to speak. If there is no response to the name being called twice, that speaker shall forfeit his/her opportunity to speak at the public hearing.
-- All speaker comments must be relevant to the subject matter of the public hearing and directed toward the proposed zoning change requested by the applicant and being considered by the commission. Further, all comments shall relate solely to substantive matters that are within the commissions' jurisdiction. The moderator has the authority to rule out of order any person who makes comments that are not relevant.
-- All speakers' comments must be directed to the commission, and not to the applicant, county officials and staff or to other members of the audience.
-- No person will be allowed to speak more than onece during the hearing.
-- There will be no time-sharing or yielding of allotted time from one speaker to another.
-- This is a hearing for public comment only. The commission will not answer questions.
-- Show respect for the speakers and the commission. Any disruptive arguing, talking, whispering, snickering, applauding, media interruption etc. from the audience during this meeting may be grounds to be asked to leave or to be escorted out.
-- There will be no form of demonstrating, carrying of placards/banners, etc. allowed inside the building.
-- The moderator may end the public hearing at 9 p.m. with discretion to either close or continue the meeting based on public participation.
Story Comments
Read More and Post Comments 0 comment(s)
Please note: The following are comments from readers. In no way do they represent the views of The Sioux City Journal or Lee Enterprises. We will not edit or alter your comments, but we do reserve the right to not post or to remove comments that violate our code of conduct. No comment may contain potentially libelous statements; obscene, explicit or racist language; personal attacks, insults or threats. Terms of Service
