Skeptical Public Questions Delays in Enforcement of County Powers Act (View Video Here)

November 26, 2024
By: Dwayne Page

Frustration

A month after the county powers act was adopted establishing distance requirements on rock quarries and other designated land uses the county has apparently done little to enforce the new regulations leaving some to wonder why.

During a monthly county commission meeting of the whole workshop held Monday night, residents who live near two quarry locations, Smyrna Ready Mix at Snow Hill and Jones Alexandria Quarry at Liberty showed up to speak including Matthew Pitt and Michael Antoniak, residents of District 2, Doug Walter of Nashville Highway at Snow Hill, and Carey Watson of Old Highway 53 off Highway 70.

“I am one of many here and we challenge you to enforce a regulation that you put into effect. It’s that simple,” said Watson.

Under the regulatory resolution, which was approved by the county commission on an 11-1 vote on October 28 “No quarry, rock crusher or gravel pit, cryptocurrency mine, landfill, adult entertainment, or methadone clinic may be located within 5,000 feet of a residence, school, licensed daycare facility, park, recreation center, church, retail, commercial, professional, or industrial establishment. Measurements shall be taken from the nearest recorded property line of the business to the nearest property line or boundary of the foregoing”.

The effective date of the regulations was October 28, 2024.

However, according to County Mayor Matt Adcock, it’s the grandfather clause of the resolution that needs clarification on the provision in section VIII which states that the distance requirements shall not apply to quarries, rock crushers or gravel pits, cryptocurrency mine, landfill, adult entertainment or methadone clinics “in existence and in operation” on October 28, 2024.

The question seems to be would SRM and Jones Brothers as well as the McMinnville Energy LLC cryptocurrency mining operation under development on South College Street be exempt from the regulations under the grandfather clause because they were already in the planning stages prior to adoption of the county powers act on October 28.

County Mayor Adcock said the county commission would need to schedule a meeting with County Attorney Hilton Conger to get an answer on the legal definition of the terms “in existence and in operation” and how to apply them in these cases.

“We are really not sure. It’s a really gray area. If they had substantially invested in the property and can come up with the financials to prove that they had paid for the property or for things going into the operation,” said County Mayor Adcock.

“I have had several questions about the rock quarries,” said County Commissioner Myron Rhody. “The way its worded it sounds like they have to be in production but if they have bought the property does that mean they’re grandfathered in. I’ve had people even up to today calling me and asking me. I said I’ll ask the question because that needs to be clarified because we don’t really know. They said the property (Jones Brothers) was purchased but there’s been nothing done. No ground broken and to their knowledge no permits filed. Is that grandfathered in? If so the gentleman who asked me specifically said well, if that’s the case, why can’t I put a bar or nightclub on my property I already own. Would it not be grandfathered in? I didn’t know how to answer him,” said Commissioner Rhody.

“We still need to sit down with our county attorney and talk it over probably in a legal session and just talk about that one topic. That’s probably going to be scheduled sometime in December. We will look to see who qualifies and who doesn’t qualify for the grandfather clause,” said County Mayor Adcock.

During the public comments period of the meeting, skeptical citizens expressed their sense that maybe the county is looking for ways to avoid enforcement of the regulations.

“Mr. Mayor with all due respect in your response earlier to Myron’s question about the county powers act, I got the impression you’re going to look for ways not to enforce it,” said Antoniak. Doug Walter and I went to see (County Attorney) Hilton Conger two weeks ago and presented evidence on why the quarry on Snows Hill could be stopped. We showed that the company hasn’t applied for a required permit. We gave that evidence. If I was going to sell beer and didn’t have a permit you would stop me I would imagine,” Antoniak continued.

“The permits are one thing but there were things you couldn’t put in the county powers act because its federal and federal is what regulates the rock quarry. The mine safety and health administration is over quarries. That’s the ultimate voice. The mine safety and health administration carries out the mandate of the mine act at all mining and mineral processing operations in the United States regardless of size, number of employees, commodity mines, or method of extractions. Our county powers act said a business had to be in existence and either in operation or operational. The mine safety administration maintains a database on all the quarries in the country. I did a search at 4:45 p.m. today (Monday) for DeKalb County Tennessee. These are the quarries that are in operation. According to the federal regulatory agency who oversees these quarries neither of these quarries is in existence even a month after you passed the bill and the law you passed said they had to be in operation or operational. As of 4:45 p.m. today there is the Liberty Quarry from Rogers Group, the DeKalb County Highway Department Quarry, and a defunct Jones Brothers Quarry which has been abandoned and no longer in use. That should be all you need to know about whether or not to enforce this law. The same thing with the cryptocurrency mine. How are you going to define operation? I went out there (cryptocurency mine) the day after you passed the act and all I saw was a telephone pole. How would you ever construe that as being operational of that cryptomine,” asked Antoniak.

Walter also questioned why the delay in enforcement.

“I get the sense you’re not ready to take on the fight to enforce this county powers act,” said Walter. “I don’t understand why you are moving so slowly in meeting with the county attorney to discuss this enforcement. You can take action now. I believe these businesses (quarries) had to be permitted or apply for all permits prior to passage. The one on Snow Hill has not applied for the required highway permit. I checked after passage of the county powers act. I checked with the person who issues the permits and she has not heard from them so they have not applied for the required permit and they have to have one,” said Walter. “The state has been there. The entrance from their quarry onto the highway (Snow Hill) is not acceptable to the state. You have this avenue to take on the fight if you are willing to do so. It (SRM) started operating again recently without a water quality permit. Basically they are flagrantly thumbing their nose at the county and the state and getting away with it. I think this county needs to make a stand. You have passed the act and now its your responsibility to enforce it. I don’t think you can waffle. If you do other businesses are going to point to that and say you didn’t enforce it on those guys. This is a serious issue that needs to be taken care of. If you are concerned about being sued by businesses that want to bully our county you should also be concerned about citizens that are concerned about suing the county for not enforcing the county powers act. I think your meeting with the county attorney should be done expeditiously as quickly as possible to get moving on it. I really think you need to protect the assets of our county from all this exploitation,” said Walter.

“Has the county legally notified Jones Brothers they cannot operate in Liberty,” asked Pitt.

“We don’t take questions during public comments. Its for public comments only,” explained County Mayor Adcock.

“Will you take my phone call tomorrow if I call you,” asked Pitt.

“Yeah” replied Adcock

“You passed that resolution last month and I just want you to be prepared to stand up for the resolution you passed and take it all the way up to the state supreme court if necessary. I want you to be prepared to do that and I would like for you to do that,” said Pitt.

Watson said the Jones Brothers’ quarry is still not in operation and joins his property.

“In reference to the county powers act and Jones Quarry, we have about a thousand feet of shared fence line with this quarry. They wouldn’t fall under the 5,000-foot rule. Just from our back porch to the middle of the quarry is about 2,000 feet,” said Watson. “The county powers act says “in existence and operational” with “and” being the key word. As far as them being in existence, they don’t have a business license in this county. They have not filed the federal mining safety and health reports. That is a requirement by the federal government. That proves they are not in operation. There’s a pole there that serviced a mobile home. That’s it. They have done nothing. No operations or anything. With TDOT they are required to make application for an entrance to the highway. They have made that application. It was approved and will be installed by Twin K but TDOT Tennessee regulations says that it has to be installed before operations commence so they are not in operation. Basically what it amounts to is that you need to enforce this,” said Watson. “You put it in plain English that it has to be in existence and operational. The state attorney general’s office says it is enforceable by this county commission and the General Sessions Court. The county mayor said it doesn’t make any difference because they (quarries) have started the process. It doesn’t say in your regulations “starting the process”. It says “in existence and operational”. I object to the quarry. I don’t know how you feel about having a quarry 2,000 feet from your back porch. Property values will go down even if you can even sell a piece of property. The community will be gone. I am one of many here and we challenge you to enforce a regulation that you put into effect. It’s that simple,” said Watson.

Again, County Mayor Adcock said a meeting with the County Attorney will be scheduled soon.

“We have to sit down and have a meeting with our county attorney and with the commission in a legal setting and show all these things that you have all mentioned today to the county commission with our county attorney and they have to make a decision to enforce something,” said Adcock. “I am not the power that enforces the county powers act. The commission has to make that move and not me. This commission has to meet in a legal setting with the county attorney to review the information and make a decision based on that information. I know you are upset but please be patient with us at this time until we get the ball moving. A lot of times I don’t come out and say we are going to do this because I am not an attorney. I can’t give legal advice. I don’t want to get your hopes up. Hopefully it will work in your favor. Hopefully we will know something by the end of December,” said County Mayor Adcock.

November 26, 2024
By: Dwayne Page

The DCHS Tigers notched their first win of the young basketball season Monday night with a 54 to 41 victory over the visiting Monterey Wildcats. The Lady Tigers evened their season record at 2-2 with a 53 to 26 victory.

In the girls game, DC led 11 to 5 after the 1st period, 20 to 6 at halftime, and 41 to 11 after the 3rd period before getting the 53 to 26 win.

Avery Agee led the way in scoring for DC with 14 followed by Allie Melton with 9, Chloe VanVranken 6, Bella Rackley and Brooklyn Fuson each with 5, Millie Barton and Lillie Young each with 4, and Jordan Agee, Autumn Crook, and Caroline Crook each with 2.

For the boys, DeKalb County trailed 14 to 8 after the 1st period but fought back to tie the game at 22-22 by halftime. The Tigers pulled ahead 34 to 27 after the 3rd period and went onto win 54 to 41.

Jon Hendrix had the hot hand for the Tigers with 23 points. Dallas Kirby and Porter Hancock each scored 10. Jordan Parker scored 6. Seth Fuson had 3 and Chase Young 2.

The Tigers are now 1-3 on the season.

DeKalb County travels to Cannon County Friday night, November 29. WJLE will have LIVE coverage starting with the girls game at 6 p.m. followed by the boys contest.

November 26, 2024
By: Dwayne Page

The 30th annual Angel Tree Project is underway and your support is needed to help make this holiday season merrier for 329 children.

Laura Stone said Angel Trees are located at all bank locations in Smithville and Alexandria. Each Angel represents a child and his or her wish list for Christmas. Select an Angel from the tree, buy a gift for the child, and return the gift to the bank where you picked up the Angel by Friday, December 6.

“This is our 30th year serving children 12 and younger living in DeKalb County. Angel cards are on trees in the local banks. People of the community can pick up an Angel and buy for a child. The wish list on the Angels is just a suggestion. It is what the child specifically asked for. Sometimes people will buy only what is on there. In some cases they will buy additional things. It’s not necessary that you buy everything on the list. We need the gifts back by December 6. It is your choice if you want to wrap the gifts,” said Stone.

“It is hard for me to believe sometimes but this is our 30th year! I have been part of the program the entire time and I have seen a lot of faces grow up in the program. What warms my heart are those children who benefited from the Angel Tree when they were young. They are now adults and know the positive impact it had on their lives and will now support the Angel Tree and adopt angels themselves.”

Please consider adopting an Angel today or if you have no time to shop, donations can be made at Wilson Bank or any Smithville or Alexandria bank branch and the Volunteers will do the shopping for you.

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