During talks with Planning and Zoning Director David Brazil, Planning Commission officers Bob Maxwell and Eileen Sieger, and by teleconference with their planning attorney in Topeka, Jim Kaup, the commissioners tried to find a way to change rules to allow 16 homes anywhere in a section of land instead of limiting rural construction to one home per 40 acres.

They were trying to do this within changing zoning rules without taking the potentially more expensive route of changing the comprehensive plan.

A rate of 16 houses per 640 acres in a section would still maintain a density of one home for 40 acres.

Kaup, in consultation with Brazil, had come up with rule changes earlier in July that allowed building a house on any abandoned farmsite where evidence could be shown there had once been a home. It could be done on any size of acreage that would allow for safe water and sewage development.

Kaup explained that it would liberalize the rules to the point that even if there were no trees or outbuildings left to show a home had once been there, a new house could be built as long as there was some evidence. "Even if the original house burned down 50 years ago," a new house could be built, he said.

That change could allow a land owner to sell two or three acres of abandoned farmstead without taking additional acres out of crop production to come up with a previously required 10 acres, he said.

Commissioners Randy Dallke and Dan Holub said they wanted rules further liberalized to allow rural housing to be built easily anywhere. Commission Chairman Bob Hein was quiet much of the session, but he has said in the past that he also favors more development on small acreages.

Dallke said that many farm families would like to allow a son or daughter, or a hired hand, to build a home next to an existing farm home in the same 40 acres.

Kaup said that could probably be done within the existing rules structure, perhaps without changing the comprehensive plan, but it would effectively change the housing density in some areas to one per 20 acres, or two per 40.

Holub said looking at density that way was part of the problem. He said he wanted the concept changed to net density on a section being the issue, not one house per 40.

Holub showed a chart he had come up with from county maps himself showing that outside the cities there are no densities of 16 houses per section in the county. Even in more heavily populated West Branch Township in a section next to Goessel, he pointed out a section with 11 homes that also still includes "plenty" of agricultural land.

Holub said he didn't recall that the comprehensive plan defined density as being one home to a 40 allowed or 16 anywhere to a section.

Dallke said there are persons who would "build today" if the concept allowed more than two homes in a 40. He said the comprehensive plan has to be changed too if it would not allow it.

Kaup said the concept of allowing one rural residential home per 40 came about because of fairness, the need to treat all land owners in a section of land the same. He explained that doing otherwise could make it so one or two landowners had all the opportunity to sell land for housing with others who perhaps could own more than half of a section unable to sell any because the density was filled.

Kaup said the commissioners could use another concept of determining whether the predominant use of a section was housing or agricultural.

If it was predominantly housing, they could then allow it to be turned to as much housing as water and sewage system developments would allow.

Kaup said the commissioners could have their planning commission structured things so that only one section qualified for housing or so that 30 qualified: "There's a thousand ways to skin that cat."

Kaup said an impact or assessment fee could also be attached to rural housing permit costs to aid in improved road development if needed.

Holub reasked his basic question, "If we change density to 16 per section instead of 1 in 40, is it still the same thing?"

Kaup said he couldn't truly answer without a chance at further study. He said the commissioners would want to be thoughtful about how they might change the plan.

The commissioners said they had made progress in taking the area required for rural residential down to five acres, but they didn't want to lose another 10 years of potential development by slowing up now.

Kaup said he would assume the commissioners would prefer to concentrate development in and around cities while protecting agricultural areas. He said many counties have found that allowing "piano key lots up and down dirt roads is a recipe for trouble."

Dallke said, "Every section of land in our county (outside cities) is predominantly grass or cropland. The outcry now is for rural homes. Everyone wants a Ponderosa. We want to have a board of commissioners that works for change when the times change."

Holub said development demand may be more in the southeast part of the county and less in the northeast.

Kaup said the commissioners could draw distinctions between different parts of the county. He said the County Commission should deal with concepts instead of minutia, and let the Planning Commission and its director deal with details.

Holub said there is more potential for land deteriorating when larger plots are required for rural housing citing a home-owner unable to control weeds and unwanted tree growth on 20 acres with a 48-inch mower.

Holub said, "We don't want to wait until the first of the year for change because nothing will change in the meantime. We want things to get better. We have people who are ready to build now. Net (density) takes a $10 dictionary to define. We don't need to pay a consultant for that."

Sieger said the volunteers on the Planning Commission are not for retricting development . She said they want to keep it orderly without a "hodge podge sprawl" in the county.

She said water is a "real key" to development with water available for housing especially scarce in the eastern parts of the county.

Sieger cautioned that she didn't want to see the county in a position where there is an outcry for services from people who have moved in that neither they nor the county can afford.

There was a short discussion on the differences among mobile, modular and manufactured homes, and whether they should be allowed. This led to exchanges on whether new residents would build homes of sufficient expense to benefit the tax base on behalf of current residents.

The meeting was a payday session with County Clerk Carol Maggard announcing a total pay-out for the day of $690,000.15.

She reported county sales tax for May, collected in June, and distributed in July at $48,164.48, the highest for the period since the 1990's.

The commissioners approved paying an amended agreement with their consulting engineer, Jack Chappelle, for closure of the old landfill southwest of Marion, with a total charge of $64,180.

That included an addition for Chappelle's own services of $5,000 raising his fee to $40,300, and an amendment for providing $22,880 for geotechnical services.

The commissioners approved accepting existing applictions for tax abatement under the county revitalization program with the understanding outlined by Maggard, that structures built would have to qualify for value. For instance, a structure built with used materials might not qualify for the full value applied for, she said.

The commissioners directed Maggard to write to commissions for Mitchell, Morris and Chase counties to see if they might be interested in sharing county appraisers with Marion County.

The directive came as the result of an inquiry from an interested party from Mitchell County who noted that counties can share as long as the total number of real estate parcels remains under 25,000. This person said that Mitchell County has 7,000 parcels and Marion County has 13,000 parcels.

Hein said he was thinking Morris in particular might be interested.

The commissioners said they would investigate insurance costs for the one-day Labor Day fireworks event at the County Lake after firefighters suggested they wouldn't be able to find insurance at a reasonable cost.

Tom Brown of McPherson, who was at the Commission to discuss a strategic plan survey for the county, suggested that having the company providing the fireworks attach the county as a beneficiary to its insurance might be the best way to handle the problem.

The survey from Brown, which seeks inputs from citizens on such county goals as road renovation, will be distributed at the county fair and other public locations.

Stan Zienkewicz of Northview Developmental Services said the agency will move forward with construction of a new center for care of the mentally retarded at Newton regardless of whether Marion County contributes $200,000 for its approximately one-third share use of the facility.

He said there is adequate grant money with $400,000 contributed by Harvey County to proceed even though some items such as a fire-protection water sprinkling system in an area where nobody stays overnight might have to be left out.

Harvey County Commissioner Ken Meier urged the Marion Commission to contribute as much as they could. He said even though the center was an economic benefit to Harvey County it was also a responsibility of government to help provide for persons "who can't do for themselves."

The commissioners approved a noxious weed department bid from Markley Service of Marion of $3,218.40 for 360 gallons of 2,4-D Amine herbicide over a bid of $3,294 from Ag Service of Hillsboro. They approved a bid of $4,250 from Ag Service for 100 gallons of Pasture Guard herbicide over a bid of $4,465 from Markley.

The commissioners split area fuel bids with Cardie Oil of Tampa approved for 800 gallons diesel in area one at $1.7947 a gallon for $1,435.76 amd 2,150 gallons diesel in area two at $1.7797 a gallon for $3,826.35 compared to total bids from Cooperative Grain & Supply of Hillsboro for $1,448 and and $3,891.50 respectively.

CG&S was approved for 1,800 gallons diesel at $1.7800 a gallon in area three for $3,204 and 1,800 gallons diesel at $1.7900 a gallon in area four for $3,222 compared to total bids from Cardie for $3,257.46 and $3,257.46 respectively.