2020 Boone County Commissioner Questionnaire
1. Why do you want to serve as a Commissioner for Boone County, Missouri?
In my 25 years as a Public Defender, I saw many problems in our community (not just Boone County but state and nation-wide) that needed systemic solutions. Yet, in my role, I was relegated to trying to fix, on the back end, the results of those problems. When a judge encouraged me to consider running for the Commission, I realized this was an opportunity to give back to my community in a larger way than the “one person at a time” approach I had been taking. Over the last eight years, beyond the routine day-to-day work of the Commission, I have been fortunate to be part of several important initiatives that seek systemic change and betterment of conditions for our community at large. While that work is well begun, it is not complete and four more years would ensure it has a strong base on which to grow and prosper.
My professional life has focused on service to my community. I don’t see the position of Commissioner as a stepping-stone to higher political office. The job is too important to be used for political aspirations. Not only do I want to see the initiatives begun in the last eight years to fruition, but I am committed to implementing a solution to the ever-increasing problems in funding our core services, problems that have part of their roots in our inability to access taxes on remote sales. For our community to thrive, it needs the services and infrastructure provided by county government. Without secure funding sources, our economic health is at risk.
2. To what extent should individual property rights be considered when crafting public policy initiatives?
As with the vast majority of statutory, common-law and constitutional individual rights, individual property rights are not unfettered but must be balanced against public policy, which recognizes that the individual is part of a community. As an area’s population becomes more dense, with one person’s activities having a more direct impact on neighbors, this is more and more often the case. Boone County’s regulations reflect this balancing concern, as impact on surrounding property owners is often made part of the equation for determining the appropriateness of a change in land use or designation.
3. In what types of situations, if any, do you believe Boone County should use eminent domain to take private property for public use?
The use of eminent domain often results when parties fail to communicate. Regular and open communication often makes the use of eminent domain and other draconian remedies unnecessary. Only if the public need is great and negotiation fails should eminent domain even be considered.
4. What role do you feel Regional Economic Development Inc, (REDI) should play in attracting new employers to Boone County and what tactics would you encourage REDI, the City and County to use? Are there any business attraction strategies or programs that you would NOT be inclined to use?
Both REDI and the State of Missouri Economic Development Department work diligently to connect potential employers to Boone County—from shovel-ready sites to technology to human resources in the community. While much of the work of REDI is done in and around Columbia, REDI also works, to a lesser degree, with the other communities in Boone County, to help attract new business to those areas as well. For this process to be as robust as possible, communication between REDI and the business community throughout the county should be enhanced, with constant exploration of what new employers might consider an asset that would bring them to Boone County. Neither REDI nor the members of the business community should rely solely on the “other” to identify the partners that can be brought to the table. To make it work at its optimum, the system requires that all hands be on deck.
The Chapter 100 bonding process has been updated and improved recently and can be utilized to help to attract businesses to Boone County.
As REDI and the State work to attract NEW businesses to Boone County, we must also be mindful of the need to help the businesses that are already part of our community to remain vibrant. Bringing new business but allowing longer-term business to die on the vine for lack of care does not promote economic health and stability.
5. The North East Columbia Area Plan (NECAP) includes a mechanism for generating revenue to pay for future road infrastructure needs. What is your opinion of this approach to planning? Does it allocate the responsibility for funding such improvement equitably?
The plan, which was put in place before I joined the Commission, seeks to allocate some of the costs created by new development to those who directly benefit from creating the development. The matrix utilized in developing cost allocation is based upon the projected impact on the affected transportation infrastructure. While I’m confident that some of those individuals who have been part of such a project believe that the allocation was not equitable, the question, in a time of ever-shrinking resources, becomes “who should pay?”
An aspect of these developments that was not fully captured in the NECAP is that development is often driven by the placement of a school in a particular area. Our experience shows that the choice of land by the school district often has not been made in consultation with those familiar with transportation and sanitary sewer infrastructure. Thus, the school and the resulting development can occur without a coordinated approach to the infrastructure necessary to underpin both the school and the residential and commercial growth that accompany the new school. Yet again, communication among the affected entities, prior to the acquisition of land by the school districts, is necessary so that the infrastructure issues can be discussed and plans made to remedy any inadequacies, before the land has been purchased.
6. The City and County Planning and Zoning Commissions are working on a west area plan similar to the NECAP. What planning items do you think need to be addressed in the plan and how far west, and north and south should the plan encompass?
The Commissions’ discussions are addressing, in part, the scope of the proposed plan but their discussions are hampered by the lack of a coherent, uniform understanding of how development can and should occur on the west side of Columbia. This situation has led to uncertainty about the availability of sanitary sewer service and, if available, from whom, for the area. Since sanitary sewer availability is as important as any factor in determining whether and how land can be developed, that uncertainty leaves the Commissions’ work on shaky ground.
Something to be considered in any planning process is not simply what should or can be done with individual pieces of land but also how the land fits together to form community. That question drives the nature of infrastructure needed for any development in the area. I believe that we end up with neighborhoods that are isolated and become economically challenged because we haven’t considered whether the mix of commercial and residential development also implicates the need for public transportation.
7. What are your thoughts regarding renewable energy facilities/apparatuses constructed in Boone County? How would you balance a property owner’s rights to use his or her property for commercial renewable energy purposes vs. the effects of neighboring properties?
Renewable energy must be considered by communities as the world is faced with issues arising from dependence on resources that are limited in nature, create environmental damage, and are often linked to external stakeholders over which local entities have no control. Boone Electric is exploring solar energy even now, as a method of enhancing its capacity while limiting its reliance on the more traditional resources. A wind energy company is currently exploring whether wind energy is a financially viable opportunity here in Boone County, and whether landowners have an interest in participating in such a program. Since Boone County has at least some regulatory capacity, for this kind of project to come to fruition, it will undergo scrutiny both by the Planning & Zoning Commission and the Boone County Commission.
The balancing of one individual’s desire to utilize his or her property for this kind of commercial purpose and the desire of neighboring property owners to enjoy their property is the subject of a project before Planning & Zoning right now. The project, which will create a method by which property owners who desire to contract to have a wind turbine on their land might be able to do so, but only after the impact on neighboring landowners, the environment, the road system, and the additional cost and impact of connecting the turbines to the electrical grid are considered. Instituting an outright ban on wind farms or wind turbines in Boone County would not be prudent as such an action would undoubtedly be met with litigation begun by those seeking to deny local control. Similarly, ignoring the possibility of wind farms or wind turbines in Boone County leaves landowners without either protection or guidance.
8. Do you believe the Urban Service Area boundaries surrounding the City of Columbia have put added pressure on development in the County?
If by “added pressure” you mean to say “has more development occurred in unincorporated Boone County,” the answer is yes. The Urban Service Area boundaries are understood differently by different people. For some, they are a malleable boundary, that expands as the City limits of Columbia expand. For others, they constitute a set boundary, more akin to a wall.
9. What are your views of the Boone County building and development codes? What parts of the existing codes do you believe need to be modified, if any?
Since joining the Commission, I have advocated for methods by which those working with County staff on building and development issues could be more certain about the requirements of the codes. My conversations with many developers has led me to believe that in general, it is not the regulations but rather their perception or belief that requirements change as a project develops, that creates frustration. I believe that the best approach to any project includes detailed communication, verbal and written, documenting the precise requirements for a project and the facts necessitating those requirements, and further documenting the agreement of the parties to each of those requirements. In my work as a securities arbitrator, I have successfully advocated for that kind of process and it has proved to reduce confusion and disputes as to the responsibilities of the parties. That kind of solution will work in this area as well.
10. Do you have any ideas of how the City of Columbia and Boone County can share adminstrative cost of any program or services to help reduce costs for both local governments?
Boone County and the City of Columbia share the costs of many programs already, including REDI, the Convention & Visitors Bureau, and the Health Department. We also have shared roads agreements, we collaborate on radio towers for 911 services, our Community Services Department and the City’s Human Services Department jointly fund projects to meet needs within the community, and our law enforcement agencies work together. For some aspects of our work, either the work itself is specifically limited, by statute, charter or constitution, to one entity or the other, or the work is funded by a tax specifically authorized by the voters for that specific purpose and that specific agency. All of that said, there are always ways in which we can be more efficient. We should never be close-minded about becoming more resourceful, more resilient, and more effective in our use of resources.
11. Current and former Boone County Commissioners have been working to implement rental standards for Boone County, which requires in Missouri law. Should Boone County establish rental standards, and if so, what items would you want to see in a rental standards ordinance?
The rental standards bill that made it to the finish line in the 2020 state legislative session was a good start. Unfortunately, it didn’t become law in part because of its inclusion in what could be deemed an unconstitutional omnibus bill.
12. Would you support a tenant resource page on Showmeboone.com listing how tenants can access support dealing with landlords using aspects of the Boone County Health Code?
While such a resource page might prove useful, I would propose in addition that the Board of Realtors consider establishing a resource hub for tenants and a mechanism through which issues presented by both tenants and landlords can be addressed. A proactive approach by the Board, which is knowledgeable about the substantive issues, would help to create a collaborative, problem-solving atmosphere rather than an adversarial system that does little to remedy the problems.
13. Did you support or oppose Boone County regaining control of Boone Hospital? Why?
It became clear that the relationship with BJC was neither sustainable nor in the best interests of Boone Hospital. It is incumbent on all of us to support the decision of the Trustees and do everything in our power to create a viable future for Boone Hospital.
14. Should Boone County consider becoming a chartered county?
If not now, when should Boone County consider becoming a chartered county? This issue remains just as contentious now as it was when it has been considered in the past. It is not an issue which the County Commission can dictate, nor should it be.
15. Have you bought or sold any real estate without using a REALTOR® in the past 5 years?
No
16. Do you have a fundraising goal?
No
If yes, how much funding do you expect to raise?
N/A
17. Do you have a campaign committee formed?
Yes
18. Who is your campaign Treasurer?
Karen M. Miller
19. Do you plan on campaigning door to door?
No I do not believe it is wise, given the high rates of COVID-19 transmission, to campaign door to door or participate in “in person” fundraising activities. Creating the possibility of transmitting the virus to meet a political goal is, in my mind, unethical and unconscionable.
In my 25 years as a Public Defender, I saw many problems in our community (not just Boone County but state and nation-wide) that needed systemic solutions. Yet, in my role, I was relegated to trying to fix, on the back end, the results of those problems. When a judge encouraged me to consider running for the Commission, I realized this was an opportunity to give back to my community in a larger way than the “one person at a time” approach I had been taking. Over the last eight years, beyond the routine day-to-day work of the Commission, I have been fortunate to be part of several important initiatives that seek systemic change and betterment of conditions for our community at large. While that work is well begun, it is not complete and four more years would ensure it has a strong base on which to grow and prosper.
My professional life has focused on service to my community. I don’t see the position of Commissioner as a stepping-stone to higher political office. The job is too important to be used for political aspirations. Not only do I want to see the initiatives begun in the last eight years to fruition, but I am committed to implementing a solution to the ever-increasing problems in funding our core services, problems that have part of their roots in our inability to access taxes on remote sales. For our community to thrive, it needs the services and infrastructure provided by county government. Without secure funding sources, our economic health is at risk.
2. To what extent should individual property rights be considered when crafting public policy initiatives?
As with the vast majority of statutory, common-law and constitutional individual rights, individual property rights are not unfettered but must be balanced against public policy, which recognizes that the individual is part of a community. As an area’s population becomes more dense, with one person’s activities having a more direct impact on neighbors, this is more and more often the case. Boone County’s regulations reflect this balancing concern, as impact on surrounding property owners is often made part of the equation for determining the appropriateness of a change in land use or designation.
3. In what types of situations, if any, do you believe Boone County should use eminent domain to take private property for public use?
The use of eminent domain often results when parties fail to communicate. Regular and open communication often makes the use of eminent domain and other draconian remedies unnecessary. Only if the public need is great and negotiation fails should eminent domain even be considered.
4. What role do you feel Regional Economic Development Inc, (REDI) should play in attracting new employers to Boone County and what tactics would you encourage REDI, the City and County to use? Are there any business attraction strategies or programs that you would NOT be inclined to use?
Both REDI and the State of Missouri Economic Development Department work diligently to connect potential employers to Boone County—from shovel-ready sites to technology to human resources in the community. While much of the work of REDI is done in and around Columbia, REDI also works, to a lesser degree, with the other communities in Boone County, to help attract new business to those areas as well. For this process to be as robust as possible, communication between REDI and the business community throughout the county should be enhanced, with constant exploration of what new employers might consider an asset that would bring them to Boone County. Neither REDI nor the members of the business community should rely solely on the “other” to identify the partners that can be brought to the table. To make it work at its optimum, the system requires that all hands be on deck.
The Chapter 100 bonding process has been updated and improved recently and can be utilized to help to attract businesses to Boone County.
As REDI and the State work to attract NEW businesses to Boone County, we must also be mindful of the need to help the businesses that are already part of our community to remain vibrant. Bringing new business but allowing longer-term business to die on the vine for lack of care does not promote economic health and stability.
5. The North East Columbia Area Plan (NECAP) includes a mechanism for generating revenue to pay for future road infrastructure needs. What is your opinion of this approach to planning? Does it allocate the responsibility for funding such improvement equitably?
The plan, which was put in place before I joined the Commission, seeks to allocate some of the costs created by new development to those who directly benefit from creating the development. The matrix utilized in developing cost allocation is based upon the projected impact on the affected transportation infrastructure. While I’m confident that some of those individuals who have been part of such a project believe that the allocation was not equitable, the question, in a time of ever-shrinking resources, becomes “who should pay?”
An aspect of these developments that was not fully captured in the NECAP is that development is often driven by the placement of a school in a particular area. Our experience shows that the choice of land by the school district often has not been made in consultation with those familiar with transportation and sanitary sewer infrastructure. Thus, the school and the resulting development can occur without a coordinated approach to the infrastructure necessary to underpin both the school and the residential and commercial growth that accompany the new school. Yet again, communication among the affected entities, prior to the acquisition of land by the school districts, is necessary so that the infrastructure issues can be discussed and plans made to remedy any inadequacies, before the land has been purchased.
6. The City and County Planning and Zoning Commissions are working on a west area plan similar to the NECAP. What planning items do you think need to be addressed in the plan and how far west, and north and south should the plan encompass?
The Commissions’ discussions are addressing, in part, the scope of the proposed plan but their discussions are hampered by the lack of a coherent, uniform understanding of how development can and should occur on the west side of Columbia. This situation has led to uncertainty about the availability of sanitary sewer service and, if available, from whom, for the area. Since sanitary sewer availability is as important as any factor in determining whether and how land can be developed, that uncertainty leaves the Commissions’ work on shaky ground.
Something to be considered in any planning process is not simply what should or can be done with individual pieces of land but also how the land fits together to form community. That question drives the nature of infrastructure needed for any development in the area. I believe that we end up with neighborhoods that are isolated and become economically challenged because we haven’t considered whether the mix of commercial and residential development also implicates the need for public transportation.
7. What are your thoughts regarding renewable energy facilities/apparatuses constructed in Boone County? How would you balance a property owner’s rights to use his or her property for commercial renewable energy purposes vs. the effects of neighboring properties?
Renewable energy must be considered by communities as the world is faced with issues arising from dependence on resources that are limited in nature, create environmental damage, and are often linked to external stakeholders over which local entities have no control. Boone Electric is exploring solar energy even now, as a method of enhancing its capacity while limiting its reliance on the more traditional resources. A wind energy company is currently exploring whether wind energy is a financially viable opportunity here in Boone County, and whether landowners have an interest in participating in such a program. Since Boone County has at least some regulatory capacity, for this kind of project to come to fruition, it will undergo scrutiny both by the Planning & Zoning Commission and the Boone County Commission.
The balancing of one individual’s desire to utilize his or her property for this kind of commercial purpose and the desire of neighboring property owners to enjoy their property is the subject of a project before Planning & Zoning right now. The project, which will create a method by which property owners who desire to contract to have a wind turbine on their land might be able to do so, but only after the impact on neighboring landowners, the environment, the road system, and the additional cost and impact of connecting the turbines to the electrical grid are considered. Instituting an outright ban on wind farms or wind turbines in Boone County would not be prudent as such an action would undoubtedly be met with litigation begun by those seeking to deny local control. Similarly, ignoring the possibility of wind farms or wind turbines in Boone County leaves landowners without either protection or guidance.
8. Do you believe the Urban Service Area boundaries surrounding the City of Columbia have put added pressure on development in the County?
If by “added pressure” you mean to say “has more development occurred in unincorporated Boone County,” the answer is yes. The Urban Service Area boundaries are understood differently by different people. For some, they are a malleable boundary, that expands as the City limits of Columbia expand. For others, they constitute a set boundary, more akin to a wall.
9. What are your views of the Boone County building and development codes? What parts of the existing codes do you believe need to be modified, if any?
Since joining the Commission, I have advocated for methods by which those working with County staff on building and development issues could be more certain about the requirements of the codes. My conversations with many developers has led me to believe that in general, it is not the regulations but rather their perception or belief that requirements change as a project develops, that creates frustration. I believe that the best approach to any project includes detailed communication, verbal and written, documenting the precise requirements for a project and the facts necessitating those requirements, and further documenting the agreement of the parties to each of those requirements. In my work as a securities arbitrator, I have successfully advocated for that kind of process and it has proved to reduce confusion and disputes as to the responsibilities of the parties. That kind of solution will work in this area as well.
10. Do you have any ideas of how the City of Columbia and Boone County can share adminstrative cost of any program or services to help reduce costs for both local governments?
Boone County and the City of Columbia share the costs of many programs already, including REDI, the Convention & Visitors Bureau, and the Health Department. We also have shared roads agreements, we collaborate on radio towers for 911 services, our Community Services Department and the City’s Human Services Department jointly fund projects to meet needs within the community, and our law enforcement agencies work together. For some aspects of our work, either the work itself is specifically limited, by statute, charter or constitution, to one entity or the other, or the work is funded by a tax specifically authorized by the voters for that specific purpose and that specific agency. All of that said, there are always ways in which we can be more efficient. We should never be close-minded about becoming more resourceful, more resilient, and more effective in our use of resources.
11. Current and former Boone County Commissioners have been working to implement rental standards for Boone County, which requires in Missouri law. Should Boone County establish rental standards, and if so, what items would you want to see in a rental standards ordinance?
The rental standards bill that made it to the finish line in the 2020 state legislative session was a good start. Unfortunately, it didn’t become law in part because of its inclusion in what could be deemed an unconstitutional omnibus bill.
12. Would you support a tenant resource page on Showmeboone.com listing how tenants can access support dealing with landlords using aspects of the Boone County Health Code?
While such a resource page might prove useful, I would propose in addition that the Board of Realtors consider establishing a resource hub for tenants and a mechanism through which issues presented by both tenants and landlords can be addressed. A proactive approach by the Board, which is knowledgeable about the substantive issues, would help to create a collaborative, problem-solving atmosphere rather than an adversarial system that does little to remedy the problems.
13. Did you support or oppose Boone County regaining control of Boone Hospital? Why?
It became clear that the relationship with BJC was neither sustainable nor in the best interests of Boone Hospital. It is incumbent on all of us to support the decision of the Trustees and do everything in our power to create a viable future for Boone Hospital.
14. Should Boone County consider becoming a chartered county?
If not now, when should Boone County consider becoming a chartered county? This issue remains just as contentious now as it was when it has been considered in the past. It is not an issue which the County Commission can dictate, nor should it be.
15. Have you bought or sold any real estate without using a REALTOR® in the past 5 years?
No
16. Do you have a fundraising goal?
No
If yes, how much funding do you expect to raise?
N/A
17. Do you have a campaign committee formed?
Yes
18. Who is your campaign Treasurer?
Karen M. Miller
19. Do you plan on campaigning door to door?
No I do not believe it is wise, given the high rates of COVID-19 transmission, to campaign door to door or participate in “in person” fundraising activities. Creating the possibility of transmitting the virus to meet a political goal is, in my mind, unethical and unconscionable.