Mike Regnier, Marion fire chief, verified to commissioners, on behalf of the county fire chiefs' association, that vegetation and weather conditions are dry enough to warrant a burn ban.

The commissioners will decide on a week by week basis whether to continue the ban or lift it depending upon precipitation.

In other business, Commissioner Bob Hein ended his year as Commission chairman, and Commissioner Dan Holub was named to succeed him in a 2-0 vote with the absence of Commissioner Randy Dallke.

The Marion County Record was named county legal newspaper after a year in which The Free Press Extra was the the legal paper.

Roy Patton of Harvey County Solid Waste told commissioners his county produces 80 tons of solid waste daily, but "wants 100 tons a day" to make its proposed electricity-generating plant operate efficiently. The goal would be to sometime reach plant capacity at 120 tons of trash daily.

Patton is checking nearby counties for the needed waste. The trash would be burned to produce steam that would turn a turbine.

Marion County would be a good fit because David Brazil, transfer station director, said the county now produces approximately 20 tons daily with special times of up to 40 tons daily.

Patton said the incinerator would even want tires mixed in the waste as big "heat producers." He added that Harvey County would be separating out recyclables and normally accepted residential levels of commercial and demolition waste from municipal solid waste at no charge.

Brazil explained that Marion County customers pay an assessment only for normal municipal solid waste under which they are allowed small amounts of commercial and demolition waste that go along with normal day to day living. Disposing of large amounts from construction or demolition sites means paying extra fees.

Patton said the Harvey County plant would use all new equipment with the latest technologies, which means it could operate cleanly with relatively compact outside appearances; for example, no large scrubber stacks.

It will be the first of a kind in Kansas, and the plan must be approved by the Kansas Department of Health and Environment, he said. Patton noted that operation of the plant could be affected by any agreements made after expected talks with Westar Energy concerning electricity produced.

He estimated that after March the operation of the plant still will be 18 months into the future.

Brazil said Marion County will continue under contract with Ham Landfill at Perry, east of Topeka, to the end of 2006.

Patton said the current tipping fee Harvey County is quoting as an estimate for its incinerator is at $28 a ton.

Brazil said Marion County is paying $19 a ton at Perry, but the price difference might be offset by distance. The trip to Perry is 150 miles, while the trip to Harvey County would be only 30 miles, he said.

County Appraiser Cindy Magill told commissioners that there are concerns that state proposals to give more tax exemptions for commercial/industrial equipment could place more tax burden on residential property. The commissioners said they wanted stances on the proposals from Marion County legislative representatives.

At Friday's meeting, Holub and Dallke, discussing rural residential zoning rules changes made at their behest with Brazil, in his role as planning and zoning director, and Eileen Sieger, Planning Commission chairman, said they still weren't satisfied with the language of the changes.

Holub repeatedly said he wanted to promote more uninhibited housing growth across the county with a rule of 16 new homes allowed per section instead of it reading one home per 40 acres in some areas. He said he wants homes able to be built on plots as small as three acres or less, depending on whether enough area is allowed for water and septic development.

The differences would automatically spread homes out with the 40-acre rule, or allow clumping of homes with the 16 per section rule, since both rules would allow 16 houses in a 640-acre section. Holub cited a section near Goessel as proof private selection can act to clump homes in the best manner.

Brazil said the one in 40 rule was written to best preserve agriculture. He said rules selected by former county commissioners allowed homes to be built under a "LESA" system that took account of such factors as soil type to preserve best ground for agriculture.

Holub replied, "That was the Commission then, and things have changed."

Brazil said many of the rules came from consultations with Topeka attorney Jim Kaup, who he said is one of the most experienced land use attorneys in Kansas.

Dallke asked if the the county hadn't mostly used Kaup just to determine final legality of regulations, but Brazil answered that Kaup was responsible for helping create most of the regulations and for ideas as well.

Holub and Dallke repeatedly emphasized what constituents who wished to build what. Hein, who was a member of the former Commission, stayed silent through most of the discussion.

Sieger cautioned the commissioners that all decisions can't be made according to what individuals want at the moment, but that some regulations have to be kept to safeguard all rights without favoritism to keep the process legal.

Otherwise, she said, commissioners could find themselves open to charges of favoritism based on such things as friendship or relative wealth of applicants.

Sieger said Planning Commission members are volunteers who have worked hard to keep rules within state statutes in the best interest of Marion County without trying to prohibit growth.

Holub said that volunteers are appointees who shouldn't expect to stand in the way of elected officials.

As for state statutes, Holub said, "We're working to change them too."

Sieger asked the commissioners to "put it in writing what you want before the next public hearing. I don't know what else to suggest."

Brazil said state statutes require counties with zoning to have planning commissions to originate the plans that give direction.

County Clerk Carol Maggard said she had a letter of inquiry from the Kansas Department of Labor questioning the quality of environment in the courthouse that predated the recent mold remediation. A KDL inspection after the remediation rated the courthouse as OK, she said.

Emergency Medical Services Director Darryl Thiesen said the county set a record of 1,007 ambulance runs in 2005, probably because of the addition of the Florence department.

He reported 71 ambulance runs for December, 3 from Florence, 32 from Hillsboro, 17 from Marion, 17 from Peabody and 2 from Tampa.

The included 10 transfers, 11 cardiac, 23 medical emergency, 7 standby, 1 motor vehicle accident, 7 falls, and 10 no-transports.

There were 11 first response runs, 8 from Goessel, 1 from Durham and 2 from Lincolnville.

Thiesen reported one incident in which Marion County units crossed 4 miles into Harvey County between Peabody and Walton, and were questioned as to why they were there by Harvey County. He said he wanted commissioners to be aware of it although it was concluded to the satisfaction of both counties.

Thiesen explained that he thinks county units be available when proximity can save a life.