January 27, 2005

County Enacts Ordinance To Limit Concentrated Animal Feeding Operations

All communities must weigh the economic development value of concentrated animal feeding operations versus the environmental impact created by the concentrated waste products generated by such facilities. Scotland County has drawn its line in the sand as far as what is acceptable for large livestock operations seeking to locate here.

Ordinance No. 04-02 was enacted by a 3-0 vote of the Scotland County Commission on October 14, 2004.

We realize this is a two-edged sword, said Presiding Commissioner Mike Stephenson. We want commerce to come into the community but we have to protect those people that have called Scotland County their home all of their lives.

Basically this law was implemented to protect the adjoining landowners, who were there first, said Commissioner Win Hill.

While the new law does allow the establishment of feedlot operations for cattle, dairy cows, hogs, sheep and poultry, it establishes number regulations on animals while also establishing permit and inspection requirements, and setback requirements between the livestock operations and adjoining residences.

The local ordinance adheres to state regulations established by the Department of Natural Resources.

Our ordinance basically follows the DNR plan except we are a little more stringent both on the numbers of animals as well as the setback required between the feedlots and adjoining residences, said Commissioner Paul Campbell.

The local law is based on a similar ordinance passed in Linn County. Stephenson indicated that the countys legal adviser had recommended the model, since this law was one of the first to withstand Supreme Court review.

The complex ordinance is based on Animal Units (AU) to allow all livestock to be governed under the same rule.

For calculating livestock totals housed in the feeding operations the following ratios will be used as the equivalent of 1 AU:

1 Beef Cow

.5 Horse

.7 Dairy Cow

2.5 Swine weighing over 55 pounds

15 Swine under 55 pounds

10 Sheep

30 Laying hens, 55 Turkeys

100 Broiler chickens

These animal unit numbers are based on the manure amount created by each type of livestock. The AU numbers are used to divide the classifications of concentrated animal feeding operations (CAFO).

A Class I CAFO has a capacity of 2,000 AU or more.

A Class II CAFO holds between 1,500 and 2,000 AU.

A Class III CAFO houses between 1,000 and 1,500 AU.

A Class IV CAFO has a capacity of 300 to 1,000 AU.

The law requires that a CAFO shall own or lease at least one acre of land for each 4 AU of capacity for wet handling wastewater systems or 1 acre per every 8 AU for dry waste handling systems.

The ordinance goes on to regulate the placement of a CAFO in reference to any other CAFO as well as in relation to any existing dwelling.

The smallest CAFO, a Class IV, may not be closer than 1,000 feet to any occupied dwelling. A Class III CAFO requires a mile set back with the distance expanding to mile for a Class II CAFO. A Class I operation mandates a mile separation from any dwelling, with an additional mile setback required for every 500 animal units beyond 2,000 housed at the facility. The law also stipulates that no Class I facility may be constructed within two miles of a populated area (10 dwellings or more).

This ordinance does not place any iron clad limit on the numbers of animals that can be housed by any particular outfit, Campbell stated. The only limiting factor is the setback requirements. The bigger your outfit gets, the farther away you have to be from anyones home. Ten or 20 years ago that may not have been a problem, but now more of the countys population lives in the country and there just is not a whole lot of ground that doesnt have a house within a mile or so.

Not only does the law regulate placement of the livestock facilities in proximity to homes, it also prevents concentrating large numbers of CAFOs together.

Class I CAFOs may not be located within one mile of any other type of CAFO. Class II CAFOs required mile setbacks between any other Class II or smaller outfit. Class III CAFOs can be no closer than mile to any similar sized facility while Class IV CAFOs required mile setback from other small CAFOs.

Obviously we are not trying to do this to limit the family farmer, Stephenson said. We simply are trying to avoid the monster sized companies that have located in surrounding communities.

The commission stressed that the law change would not impact any existing livestock facilities.

Most dairy outfits have no more than 150 to 200 cows in the entire herd, said Campbell. I would guess the biggest operations would be borderline Class IV CAFOs. But even if they do qualify, they are exempt from the ordinance as they are grandfathered in.

Campbell said he didnt believe the county had any other livestock outfits that would be effected by the law change.

However the Commission noted that exemption from the ordinance is based on current numbers. If facilities expand in the future they will be subject to the requirements of the law.

The biggest impact will be on new operations looking to relocate to Scotland County.

The law has already come into play once in this instance when a Pennsylvania man purchased ground in Scotland County with the intention of constructing a hog confinement.

The property owner met with the commission and adjoining landowners last month to discuss the plans.

It was an excellent meeting, Stephenson stated. A lot of questions were answered. The new ordinance did impact the plans. Initially the owner had planned to build a facility that would have qualified as a Category II (1,500 to 2,000 AUs). But the proximity of residences to the property will only allow a Class III (1,000 to 1,500 AUs) facility.

To establish a CAFO, the owner must apply for a county health permit. Larger outfits must apply for an operating permit with the Missouri Department of Natural Resources. If the CAFO owns a DNR operating permit and meets the requirements established by the ordinance, the county health permit will be issued after the application fee is paid. If no DNR permit is required, a detailed plan must be submitted to the county commission for approval of a county operating permit.

The process calls for review of the health permit by the Scotland County Health Department, a process that calls for at least one public hearing.

The health permit is renewable annually. The permit is designed to regulate air quality and to prevent the degradation of surface or subsurface water. It is established to insure soil quality and waste disposal.

Caregiver Resource Group Forming at Scotland County Hospital

Feeling lost, overwhelmed or uncertain?  Scotland County Hospital is offering a free-of-charge Caregiver Resource Group for families and friends with loved ones in their care.  This monthly group will provide an opportunity for families/friends to discuss their current situation, receive guidance and advice from the facilitator, learn about community resources, and help each other with tips, advice, and learning experiences.  Caregivers face numerous challenges and uncertainties.  Attendees will have an opportunity to share their feelings and share knowledge with others facing similar issues.  Your many responsibilities are demanding and difficult, but can be rewarding as well.  You are not alone.   Receive practical advice and share your experiences, while helping others who are going through a similar journey.

The group will be facilitated by Valerie Brown, RN, BSN.  Ms. Brown is the director of Scotland County Hospital’s Senior Life Solutions.  Senior Life Solutions is an intensive outpatient group therapy program, designed to meet the unique needs of older adults over the age of 65 struggling with depression and anxiety often related to aging. 

Joining a support group is one of the most effective actions individuals can take when dealing with the challenges of care giving. Participants of the Caregiver Resource Group may find they share common experiences and concerns with other group members. They may also benefit from the emotional support, encouragement and advice that oftentimes leads to problem solving.

Attendees are invited to come as frequently as they wish. This event is free and open to the public.  The dates for the rest of the year (2018): November 15 and December 20.  Next year’s dates (2019): Jan 17, February 21, March 21, April 18, May 16, June 20, July 18, August 15, September 19, October 17, November 21 and December 19.

Jauflione Chapter NSDAR Hosts October Meeting

Jauflione Chapter NSDAR met in regular session Friday Oct. 5th 2018 at 2:00 P.M. in the Presbyterian Church Hospitality room. The meeting was opened in ritualistic form by Regent Debbie Kauk. Roll call, A Favorite Fall Activity was answered by 13 members and 1 Children of the American Revolution member. Those attending were: Terry Arnold, Connie Bratton, Angel Chance, Verlee Dauma, Rhonda Davis, Janet Gerth, Debra Kauk, June Kice, Georganna Madsen, Patricia Miller, Mary Morgan, Suzy Poole, Reta Stott and Katie Miller.

All members participated in the opening ritual led by Regent Kauk. President General’s message was read by June Kice. The National Defense Report was given by Patricia Miller. Patricia gave a report on the Oldest Marine Post in the Country, which is located in Washington DC. The U.S. Marine Corps Barracks dates from 1801. This site was selected by Thomas Jefferson. Marines from the Barracks have fought in all our wars, from the War of 1812 to present. Katie Miller read the Indian Minutes. Katie’s report was on the two types of Code Talking used in World War I. Constitution Minute was given by Verlee Dauma.

The minutes of the Sept. meeting were read.

The treasurer’s report prepared by Kathy Kiddoo was given by June Kice.

Report of Officers: Patricia Miller reported that she is not working on any new applications at this time. She has mailed letters to four ladies who showed interest in becoming members.

Unfinished Business: Our Historical Land Mark project will be planting and taking care of the flowers around the World War I Barnett Statue. The State Regents Visit will be Oct. 27th, 2018. The location of this meeting has been changed to the Christian Church (320 S. Main St.) in Memphis. The time is 9:00 A.M. – 11:00 A.M. Those invited to attend will include DAR members from Clark Co., Schuyler Co., Adair Co., and Scotland Co. Jauflione Chapter ladies are to bring glasses and drinks. Hope to see you all there. Each Chapter is required to donate a basket to be raffled off at the meeting. Anyone wanting to donate something for this basket can drop off items to June Kice.

New Business:  The DAR Good Citizen Award is coming up soon. June Kice has volunteered to take the Good Citizen Award material to the Scotland Co. R-1 High School. The award will be presented at our December meeting. The American History Essay Contest on the 19th Amendment is also a project that has to be taken to the Scotland Co. R-1 School. The essay title is “The Women’s Suffrage Campaign”. Registrar Patricia Miller presented information about the DAR New Members Course. This course can be found on line at the NSDAR member’s only website. Jauflione DAR ladies will be purchasing items for the 10 Veterans living at the Scotland County Care Center as our Christmas project. We will have a list of items needed at the November meeting. The November meeting will be our “Thank You Veterans” appreciation program. Jauflione DAR ladies will furnish cookies and punch for this program. We will be decorating and setting up at 1:30 P.M.  This program will be held at the Scotland County Care Center in the Activity Room at 2:00 P.M. Friday. November 2nd. The Veterans of Scotland County and their families are invited to attend.

Meeting was adjourned.

Delicious refreshments were served by Katie Miller, Patricia Miller, and Suzy Poole. Social hour was enjoyed by all.

Rhonda Davis, Recording Secretary.


Tara Davis and James Hageman of Kahoka are the parents of a son, Luke James Hageman, born October 9, 2018 at 5:01 a.m. at Scotland County Hospital in Memphis. Luke weighed 6 lbs 10 oz and was 21 inches long. Siblings are Korbie, Kegan, Kassen and Emma.


Skyler and Tiffany Howard of Pulaski IA are the parents of a daughter, Adaline Rose Howard, born October 8, 2018 at 5:38 p.m. at Scotland County Hospital in Memphis. Adaline weighed 5 lbs .6 oz and was 20 inches long. Grandparents are Kurt and Shannon Enke of Denmark, IA; Johnnie and DeeAnn Howard of New London, IA; Mark Wagler of Pulaski, IA; and Howard and Glenice Graber of Bonaparte, IA.


Samantha Monroe and Sean Burk of Kahoka are the parents of a son, Hiram David Burk, born October 9, 2018 at 10 p.m. at Scotland County Hospital in Memphis. Hiram weighed 5 lbs 12.8 oz and was 19 inches long. Siblings are Bohdan and Havok. Grandparents are David and Paula Burk of Kahoka; and Kevin and Sheryl Horman of Cedar Rapids, IA.




Courtney Cowell and Aaron Camp of Memphis, are the parents of a son, Brantley Eugene Neal Camp, born October 7, 2018 at 6:12 p.m. at Scotland County Hospital in Memphis. Brantley weighed 7 lbs 5 oz and was 20.5 inches long. Siblings are Alec and Cora. Grandparents are Glen Cowell of Arbela; Suzanne Sullivan of Panama City, FL; Kim Newcomber of Memphis; and the late Randy Newcomber. Great-grandfather is Bill Camp of Memphis.


Jason and Sarah Moss of Memphis are the parents of a daughter, Alyssa Lynn Moss, born October 8, 2018 at 12:24 a.m. at Scotland County Hospital in Memphis. Alyssa weighed 7 lbs 3 oz and was 19 inches long. Siblings are Kinley and Toby. Grandparents are Bill and Loa Moss of Wayland; Jerry and Lisa Grubb of Memphis; and Norma Grubb of Memphis.

SC Genealogy Society Hosts October Meeting

The October meeting of the Scotland County Genealogical Society was called to order by Vice President Terry Arnold with eight members present.

The Secretary’s report was given by Connie Bratton and the minutes were approved.

The Treasurer’s report was given by June Kice.

New business: The Scotland County R-I building trades students built a fence around the Forman Cemetery a few years ago and there are four or five headstones laying down. Next spring we will go and see if we can document the names.

We also need to walk and document the Black Oak Cemetery.

We have  part of a Bible and pictures of Sarah Hawley, wife of Henry Hawley and Charles and Bertha Rose Hawley.

Family histories available to research are: Campbell, Carter, Chambers, Childers, Childress, Clark, Conlee, Cook, and Crandel.

We have our meeting in the Genealogy building on the second Monday of the month at 1:30. Everyone is welcome.

Meeting adjourned and refreshments were enjoyed by all. Hostess was Terry Arnold.

Submitted by Connie Bratton, Secretary

Rutledge Renegades

On Sunday, October 7th, Gloria, Carol, and Marva Kay celebrated their Dad’s, Martin Guinn, 100th birthday at Colony Cemetery/Community Building.  Many attended.

Echo Menges interviewed Martin at I.D.K. Café and bought lunch for his 100th birthday.  She also posted on Facebook.

Martin brought some of his left over birthday cake to Zimmerman’s Café to celebrate on Oct. 11th, his actual birthday.  He said he has celebrated all week.  HAPPY BIRTHDAY, MARTIN!

Cindy Maddox and Alice Ann Gipson came to Rutledge October 7, 2018 to get Neta and go to Order of the Eastern Star Grand Chapter at Jefferson City.  On the way down, they stopped at Macon and saw Dale Tague.  He said he went to Carrolton to see his son, Troy and family.

Cindy, Alice Ann and Neta went on to Jefferson City.  It got dark and rained so hard you could barely see the road. They saw one car that had been rear-ended and another was off in the ditch.

Some of those installed on Wednesday night were Brenda Goings, LaBelle Chapter No. 316, Worthy Grand Matron; Elaine Forrester, Rutledge Chapter No. 343, Grand Martha; and Esther Justice, Kahoka, No. 40, Dual LaBelle No 316 Grand Electa.

The ride back home on Thursday, October 11th was beautiful with sunshine.  It was great to be back home!

Carol McCabe attended the wedding of Kristine Reckenberg and Brock Ebert.

Mona E. Tague took her dad, Don Tague, to Columbia.  Mona was also here to attend the Gorin School Reunion.

Some of those in this week were Mike and Pam Blaine’s daughter-in-law, Jo, and children, Hunter and Charlotte, Dale Tague, Larry and Tamara Tague, Mona E. Tague, Don Tague, Neta Phillips, Jack White, Martin Guinn, Reva Hustead, Leon Shaw, Ralph Von Holt, Bob and Dorothy Hunolt, Oren and Celina Erickson, Larry and Deanna Hubbard, Dixie and Waverly Bunging, Jr., and Dixie Bunting, Sr. (visiting son) from Manitou, CO.




In the Estate of KENNY VERN LEWIS, Deceased.

Estate No. I7SE-PR00023



You are hereby notified that the undersigned Personal Representative will file a Final Settlement and Petition for determination of the persons who are the successors in interest to the personal/real property of the decedent and of the extent and character of their interest therein and for distribution of such property, in the Probate Division of the Circuit Court of Scotland County, Missouri, on November 19, 2018, or as may be continued by the Court, and that any objections or exceptions to such Final Settlement or Petition or any item thereof must be in writing and filed within twenty days after the filing of such Final Settlement.

Tina Jo Byrn

Personal Representative

Kimberly J. Nicoli #36562

Attorney at Law

133 South Main Street

Memphis, MO 63555

(660) 465-7753

(660) 465-7723 (fax)

Attorney for Personal Representative

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