The DeKalb County Commission found itself dealing with a hot button issue at last Monday's regular monthly meeting with those both opposed and in favor of the county adopting the County Powers Act and Health and Safety Regulations. Some saw the act as a way for the county to address health issues stemming from some residents accumulating garbage outside their homes, and causing a stink and health concerns for their neighbors.

The issue arose in June, when some residents in the Midway community asked for help with a stinky situation. Residents on Nikki Lane, off Highway 70 east, told the commission that they had to put up with the stinky, unsightly and unsanitary condition of a neighbor’s unkempt property who piled up over 100 bags of garbage outside of their home. The neighbors reported that the filth was causing rats, mice, and insects to migrate to their property, as well as the stench created from the garbage.

With DeKalb County not having zoning regulations in place, the county had no authority to implement health violations or to enforce a cleanup on the property. The “County Powers Act” would give the county, without establishing zoning, the authority to set and enforce Health and Safety Regulations for county property owners with respect to nuisances and other practices deemed detrimental to their neighbors.

The resolutions were being made by the Government Services Committee of the County Commission, which voted to send both on to the full commission for consideration. It would take a two thirds vote of the 14-member commission to pass either or both resolutions. But some commissioners felt that approving the act might open a "Pandora's Box" of problems that would lead to residents losing their rights to do what they want on their own property.

If approved, a five-member board with staggered terms would be established as well as an enforcement officer position, all appointed by the county mayor with the concurrence of the full commission. DeKalb County’s Safety Officer, which is a paid position and already established, would most likely be assigned to take on this new Enforcement Officer responsibility along with his regular duties. When a resident files a complaint, the enforcement officer would investigate and if he finds a violation, he must notify the landowner in person or by certified mail. The property owner then has 30 days to remedy the issue or request a hearing before the hearing board which must meet and act within 30 days. If the board upholds the enforcement officer’s findings, the violator is fined $50 per day per occurrence. Violators can also be taken to General Sessions Court if they don’t comply.

Commissioner Myron Rhody made a motion to remove the “County Powers Act” resolution and the Health and Safety Regulations from the agenda. Tom Chandler initially seconded the motion.

With the issues removed from the agenda, County Mayor Matt Adcock explained that the resolutions could be sent back to the committee to discuss further, but other commissioners questioned whether a vote should just go ahead and be held on the resolutions rather than "kicking the can back down the road."

"I've been out of the country, but it has not stopped people from trying to contact me about this," Chandler told the commission. "Not a single person supports either one of these [resolutions]. The input I've received was not only 'no' but a hard 'no.' Not a single person wants someone coming around and telling them what they can and cannot put in their yards. If this were to pass, this would cause, in my opinion, a fury of controversy like this county has not seen in a long time."

Tim Reynolds weighed in saying, "I have a real problem, after raising taxes this year, telling people what they can and can't do."

Commissioner Larry Green disagreed saying, "We had a group of people on Thursday night [during a meeting of the whole] who were overwhelmingly in favor of this. The phone calls I got on Thursday, Friday, and Saturday were all in favor of it. The phone calls I got today were totally negative. I think there has been a lot of misinformation out there about it. This is not about landscaping ... it's not about beautification ... it's about health and safety. Let's refer it back to the committee and clean up some of the things."

Chandler then rescinded his second to the motion saying he had decided the commission should just go ahead and vote and end it right there rather than prolonging the issue. "I would rather be part of the commission that said 'No' to this, than to be part of the commission that has kicked it down the road, or has enacted this."

Tony Culwell then offered a second to Rhody's motion to remove the items from the agenda.

Tony Luna said that he has also received multiple calls and emails, but in favor of the resolutions. "I do think they need to be fine tuned, but I think it's a good idea that needs to be worked on."

Chandler renewed his opposition to the resolutions. "I think we all need to realize that we would be opening Pandora's Box. Pandora's Box is closed at the moment. Once that box is opened and you can see a glimpse of what's inside, it's open."

"I know people had issues with a neighbor who had a bunch of trash in their yard, and I sympathize with those people and I would like to be able to prevent that, but it appears that you can not do that without opening Pandora's Box. Once it's open you open the door to not just stop the trash, but to stop me from parking my old blue tractor in my front yard as a symbol of a loved one I've lost."

A roll call vote was called for to remove the items from the agenda with Myron Rhody,
Sabrina Farler, Tony Luna, Susannah Cripps Daughtry, Jeff Barnes, Justin Adcock, Beth Pafford, and Tony Culwell voting yes, while Tom Chandler, Daniel Cripps, Greg Matthews, Glynn Merriman, Larry Green, and Tim Reynolds voting no.