On the agenda for the June 15th and July 20th Franklin County Planning and Zoning Commission meeting was an amendment to the Unified Land Use Regulations that would allow utility waste (coal ash) landfills in all zoning districts. It was also the only issue at a special hearing held July 6th at East Central College. With all those "scheduled" meetings behind us, one would think the County has provided ample opportunity for the public to comment and the commissioners to receive information from interested parties on this significant change to land use laws. That, however, is far from the reality.

July, 2009 (likely before): Planning & Zoning (P&Z) staff aware of Ameren's plans to build a 400 acre coal ash landfill.

May 29-30, 2010 (Memorial Day weekend): A public notice was placed in The Missourian stating that Franklin County was requesting changes to land use regulations involving Article 2 and Article 10 to be addressed at the next P&Z session on June 15th. The law requires that the public notice "summarize the nature and character of the proposed change." Do you know what Article 2 and Article 10 are about?

Back story: Existing zoning law prohibits landfills in Franklin County. The purpose of the proposed amendment is to allow Ameren to build its proposed landfill. Why did the County, rather than Ameren, submit the proposed zoning change? Why did the County go public with its zoning amendment, after knowing about Ameren's plans for nearly a year, on a holiday weekend at the beginning of the summer vacation season? Why did our public officials hide the nature of the proposal by saying only that it related to Articles 2 and 10? Only a mind reader or an insider would know the notice concerned utility waste landfills. Concerned citizens secured a copy of the proposed zoning amendment and tried to inform the public.

June 15, 2010: P&Z placed the proposed landfill amendment at the end of a very full agenda. Hundreds of concerned citizens showed up and waited 2 1/2 hours, many standing in the hot hallway the entire time, before P&Z decided to reschedule the landfill amendment hearing. Many, many people left in frustration and confusion.

Back Story: So many people had showed up to express concerns that P&Z set a special hearing in a larger space with this issue, the only one on the agenda. So far, so good. But because of an apparent interest in rushing this forward, they resisted requests for a late July or August date and selected July 6th, right after the July 4th holiday weekend. After seeing the tremendous interest by the public in this issue, why did P&Z set the "special hearing" for a day so unlikely to enable interested folks to participate?

July 6, 2010: The 500 seat auditorium at East Central College was almost full with interested citizens. It appeared to be a victory for public engagement on an important issue. The appearance of public engagement was short-lived, however, when the audience was informed at the beginning of the session that the comment rules had changed. We could not talk about Ameren's proposed Labadie Bottoms landfill project, even though that was the purpose of the zoning amendment. We could only comment on the language of the proposed amendment, pretending to have a theoretical discussion. What a surprise considering we had discussed the hearing procedures with County representatives before the hearing and were not informed of this huge limitation. After all, Ameren is the only utility in Franklin County creating utility waste, and Ameren has an active proposal to build a coal ash landfill near its Labadie plant in the Missouri River floodplain. Many speakers were cut off by the Commissioners for mentioning a specific project or a specific company or for expressing concern on an issue already aired by someone else. The frustration and confusion of the June 15th hearing returned in spades. Many people left at the break, afraid to speak under the P&Z's strict rules and, more importantly, discouraged by the County's apparent lack of interest in hearing their true concerns about the proposal. This session went on for approximately 4 1/2 hours before the issue was tabled. Discussion to be continued at the regularly scheduled July 20th P&Z meeting. The same ground rules would apply, and the audience should come with suggestions for changes they might like to see in the proposed amendment. But not to discuss Ameren’s proposed coal ash landfill.

Back Story: First, the public showed up in large numbers and could not speak at all. Then, the public showed up in larger numbers and was told not to talk about the one thing they came to talk about.

July 20, 2010: Back in the County Government building for our 3rd try and for the 3rd time, the room is packed. So many people showed up, there wasn’t room for everyone in the chambers. Again we have no way of knowing how many people gave up and left without having their say. Although the landfill issue was 1st under new business, the Commissioners moved it to the end of the agenda, requiring dozens of people to stand outside in the hallway for almost 2 hours. Finally, around 9:00 pm, the landfill issue was finally up for discussion and Ameren started its presentation. But, wait a minute. Ameren is talking about their landfill project, showing slides of what it might look like and discussing construction details. And the commissioners are allowing it. No mention of the July 6th ground rules. We voiced an objection to another surprise change in the rules but it was not even acknowledged by a single Commissioner. We had carefully prepared our statements to discuss only the proposed amendment, without mentioning the Ameren proposal, as we had repeatedly been told to do. One after another, we stood up and spoke. The Commissioners cautioned multiple times that repetition would not be allowed. The public dropped off as the night went on, although an impressive number stayed, bleary-eyed, until the Commissioners ended the hearing at 12:30 a.m.

Back Story: After the hearing, many people contacted me and others active in the Labadie Environmental Organization to express their dismay at the "process." Why did our County officials propose a zoning amendment designed to help Ameren -- but put the rest of us and our children and grandchildren at risk? Why are County officials pushing the amendment through what might look like a public process but is, in fact, discouraging public input at every turn? Why don't our County officials want to hear the public’s concerns about the only proposed coal ash landfill that would be authorized by the proposed zoning amendment? Why didn’t the County record any comments during these proceedings? Why were so few questions asked by the Commissioners on a complex issue? Do others find it sadly ironic that the County would use the July 4th holiday, when we celebrate our freedom as a nation, to spring surprise rules on a public eager to participate in the process?

In closing, the public has not been heard on this issue. There were countless people who gave up or were silenced by this process. Will the County take the advice of so many -- withdraw this poorly written proposal and set up an advisory group to thoroughly and thoughtfully study it? That advice is in the best interest of Franklin County citizens.

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