P&Z REGS DONE LEGALLY, JONES SAYS

The Cape Girardeau County Commission acted legally in spending tax money to develop proposed planning and zoning regulations in advance of a November vote, Presiding Commissioner Gerald Jones told a meeting Wednesday night.

Jones said the prosecuting attorney's office, at the request of the commission, issued an opinion Wednesday that the commission acted legally in appointing a temporary planning commission in December 1996 to propose planning and zoning regulations.

The County Commission had the authority to appoint a temporary planning commission since the county was second class at the time. The county became first class on Jan. 1, 1997, Jones said.

The change from second- to first-class status, based on assessed valuation, didn't require the County Commission to disband the temporary planning commission, Jones said, reading from a written statement.

He also said the prosecutor's office concluded that the County Commission acted legally in contracting with the Southeast Missouri Regional Planning and Economic Development Commission to help draw up planning and zoning regulations.

Jones said the county has paid about $29,000 to the Regional Planning Commission since 1997.

Cape Girardeau County residents will vote Nov. 7 on whether to establish countywide planning.

Earlier this week, a group of opponents led by Whitewater, Mo., area resident Doug Flannery accused the County Commission of violating state law. Flannery and other opponents said that as a first-class county, voters would first have to approve the establishment of county planning before any specific regulations could be drafted.

Jones voiced his comments at a public meeting at Notre Dame Regional High School. About 80 people attended the meeting, most of them opponents of planning and zoning.

The fourth of six scheduled public meetings on the topic will be held at 7 p.m. today at Delta High School in Delta, Mo.

The issue on the ballot is whether county planning should be established. A simple majority is needed for passage. If it passes, the County Commission would appoint an eight-member planning commission, which would propose planning and zoning regulations. The County Commission would have the final say.

Public hearings would be required before anything goes into effect, Jones said.

Jones said the 10-member temporary planning commission has worked hard to draft planning and zoning regulations. He said the County Commission appointed the temporary planning committee because it wanted to have a specific plan to present to voters so they wouldn't be "voting in the dark."

Temporary planning commissioners said planning and zoning would promote orderly growth in unincorporated areas.

But Flannery dismissed the proposed master plan, subdivision, mobile-home and zoning regulations. He said it would be up to a permanent planning commission to recommend planning and zoning regulations to the County Commission.

"Regardless of what you are showing now, the new commission could throw it all out the door," he said.

"That's right," replied Jones. Although unlikely, the permanent planning commission could start all over, he said.

Fruitland, Mo., area resident Robert Loos said he plans to vote against the planning measure because there is no assurance what the final regulations would look like.

Robert VanDeven, who lives near Crump, Mo., echoed the view of many opponents at the meeting.

"We are voting on a question mark," he said.

County resident Matt Hopkins was one of the few people to speak up for county planning. He said it could help protect rural residents from unsightly developments such as junk cars on neighboring property.