Public Frustration Growing by County’s Perceived Inaction on Enforcement of County Powers Act (View Videos Here)

December 3, 2024
By: Dwayne Page

Frustrating growing!

Members of the public frustrated over why the county powers act, adopted more than a month ago is apparently not being enforced paid another call on the county commission Monday night and spoke out during the public comments period, but again they were turned away not knowing if or when any action will be taken. Their concern is having to live near such quarries and how it could potentially adversely affect them and the value of their properties.

Eight residents living near rock quarry locations by SRM and Jones Brothers in the Snow Hill and Liberty area made a plea for enforcement of the provisions put in place by this same county commission 36 days ago, but no one from the commission, county mayor, or county attorney even discussed it during this meeting Monday night other than an admission by the county mayor when asked by a citizen during public comments that two of the companies in question had threatened to sue the county.

Five members of the county commission were absent including Tom Chandler, Sabrina Farler, Mathias Anderson, Greg Matthews, and Susannah Cripps. Those present were Daniel Cripps, Myron Rhody, Tony Luna, Tony (Cully) Culwell, Larry Green, Glynn Merriman, Jeff Barnes, Andy Pack, and Beth Pafford.

After the meeting, WJLE asked County Attorney Hilton Conger about it and he acknowledged that he had met with his clients, the county commission and county mayor but that no decision has yet been made on a course of action. When asked if he would let anyone know what that decision may be, his response was you’ll be the first to know.

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 during last Monday night’s county commission workshop, 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 last week that the county commission needs an answer on the legal definition of the terms “in existence and in operation” and how to apply them in these cases.

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