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Saline County Study Committee
Monday, March 22, 1999
Saline County Extension Office, Marshall
Minutes

Saline County Study Members Present: Mark Belwood, Kathy Borgman, Roy Hunter, Vince Buck, Richard Clemens, Wayne McReynolds, LeAnn Haling, Marc Harris
Saline County Study Members Absent: Ruthie Cramer, Becky Plattner
Saline County Commissioners Present: John Stouffer, Richard Pemberton
Saline County Commissioners Absent: Mike Dillon
Saline County Extension Staff Present: Cynthia Crawford, Gerry Snapp
Saline County Extension Staff Absent: Darin Starr
University Partners Present: John Lory, Kathy Miller, Anna Cox
University Partners Absent: Chris Barnett, Chris Fulcher, Mubarak Hamed, Tom Johnson, Vincent Burke
Media Present: Chris Post, Democrat News
Guest Present: Jerry Organ

The meeting was called to order by Chairman Belwood at 7:00 p.m. Minutes were approved as mailed.

Odor Committee Report: Vince Buck reported no progress on securing the odor plume model. Kathy Miller and Anna Cox are working on the rewrite of Mubarak Hamed’s report on CAFO’s effects on land values. John Hoehne’s Power Point presentation on Waste Management is on the web site.

Options Committee: Richard Clemens reported the committee met February 11, 1999, with Jerry Organ, Law Professor at the University of Missouri, Columbia, to discuss legal options available to guide county development. Jerry Organ was in attendance and presented information to the study group as a whole. Not only are minutes of the committee meeting on the web, but Jerry will also put a summary of his remarks on the web for future reference.

Only a few options are available to a county to guide development.

1). Planning and Zoning. When done correctly the county develops a vision, plans for that vision, and zones so the vision can be realized. Legally the zoning ordinance can be the plan without a separate planning component. Jerry encouraged us to emphasize the planning aspect of this option because that’s where citizen input and support comes from. Agriculture is exempt from zoning; you cannot regulate agriculture with planning and zoning. Any effect on agriculture by planning and zoning is only indirect.

2). County Health Ordinance Regulations. In order for the courts to uphold a county health ordinance it must deal with a health issue throughout the entire county and not just in spot locations and must not have any language that appears to be zoning. For example, one might say that a certain amount of hydrogen sulfide at the perimeter of a property is unhealthy for a neighbor. That health hazard must be rectified; the courts would uphold that. However, the courts would not uphold an ordinance that solved the problem by enacting set-backs. Such would appear as zoning regulations that are not allowable. We would do well to watch current litigation in Linn County that is dealing with a health ordinance. We will learn from them what the courts are upholding and not upholding in relation to health ordinances.

If the Air ConservationCommission approves the proposed odor rule there will likely be test cases on whether the odor rule is legal. Federal air quality regulations make no mention of odor. Missouri statues prohibit the Air Conservation Commission from enacting stricter regulations than the federal government. One side will argue that because the federal government says nothing, local governments can place the restrictions they desire. The other side will argue that because there are no current restrictions in place, the placement of any restrictions are stricter than the federal government’s.

3. Tax Incentives or Tax Disincentives. Think most clearly about these issues before embarking on any course. Currently there are law suits in municipalities charging that they are giving away too much tax base in incentives and, in effect, harming entities (such as schools and ambulance and fire districts) by cutting the tax base that supports these needed services.

4. Private Land Controls. It is possible to establish conservation easements that act as restrictive covenants. Depending on how they are set up, the covenants could go with the land regardless of who owns the land or if the covenant benefits the person it is only valid as long as that person own the land. For example, if a non-profit organization of land owners in Arrow Rock wanted to buy or receive as gifts conservation easements from surrounding property owners such would be done to protect the land of all involved and thus the covenants would stay with the property regardless of who owned it. Covenants are designed to increase property values and keep areas desirable, however, in the case of agricultural lands it could decrease the monetary value because that land could never be sold for commercial development.

Jerry made comments on several bills now before the legislature relating to land control issues. None looked promising for passage. He also commented on a new bill passed in 1996 that allowed counties to set up temporary planning and zoning committees to plan before placing a zoning issue on the ballot.

Communications Committee. LeAnn Haling reported the committee made their first presentation about the Study to a realtors group March 17. They are ready to visit other groups and would welcome more committee members to join the presentation team. Members of the study are urged to help get the word out that this program is available to local organizations.

Photography Committee. Cynthia Crawford reported the committee has the photo project brochure ready to go. It requests photos about Saline County and gathers needed information about submitted photos. The collection of photos will be used to market Saline County, stimulate discussions, and show Saline County visually. From their $500 budget $200 has been spent on a scanner.

There was no Commissioners Report, but it was noted we are meeting in the new facilities of the Saline County Extension at 153 S. Odell.

Scenarios Committee. Anna Cox presented her report, "The Impact of a Saline County Use Tax." Based on former use tax formulas it was believed Saline County might collect an additional $80,000 from the use tax. Gathering data on counties that received a use tax in 1997-98, Anna projects Saline County revenues could increase by over $100,000 a year. This projection is based on the assumption that Saline County will follow patterns of other Missouricounties with a use tax. Per capital cost to county residents could range from $5.07 to $13.11 per year.

The last bits of information on calculating these projections will be finalized this week and a hard copy will be provided the commissioners.

Anna also believes a larger issue needs to be considered and that is a structural change in shopping patterns of Saline Countians. While Saline Countians are spending more, shopping patterns are changing, purchases are being made elsewhere, and sales tax revenue is going to places other than Saline County. Kathy Borgman moved, Roy Hunter seconded that Anna Cox do a retail trade analysis of Saline County. Carried. She will use secondary data available to study trends and make comparisons. This information will become more useful to our retailers if we can involve them in discussions once this analysis is done. Input by retailers will also made the analysis more accurate.

Kathy Borgman reported the scenarios committee discussed the importance of developing tourism for Saline County. We have an abundance of resources that would make a great "country weekend" experience. This also ties in with the discussion about a county park system which in on the agenda for April.

Also for the agenda in April: Report on CAFO’s and Land Values, Health Care Scenario, and possibly the Retail Trade Analysis.

Next meeting: April 26, 1999, 7:00 p.m. Saline County Extension Office

Meeting adjourned 10:00 p.m.

Respectfully submitted,
Kathy Borgman, recorder

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For problems or questions regarding this web contact the Saline County Steering Committee or  Chris Fulcher (CARES).
Last updated: October 13, 2000