BY ROGER SMITH
MOUNTAIN CITIZEN

INEZ — The Martin County Fiscal Court held a hearing Thursday on its real property tax rate. While many residents attended, none voiced concerns about the tax rate of 11.5 cents per $100 of assessed value adopted by the court. Instead, their primary focus was opposing the proposed solid waste ordinance and discussing other county services and communications.

Despite the opposition, the fiscal court voted to adopt the solid waste ordinance. However, the fiscal court vocally promised to conduct meetings in each magisterial district to hear from residents and to work on improving the ordinance before its effective date of April 1, 2024.

“This is an attempt to clean the county up,” Martin County Judge/Executive Lon Lafferty stated. “We intentionally set this aside until April 1 of next year because we’re sitting down and working on this. We’re working with the county attorney, other counties and the fiscal court. We know we don’t have all the answers.”

The judge added that the county would look to organizations such as Appalachia Reach Out, Kiwanis Club, churches and other civic groups, along with jail workers, to help people clean up their property if they need help.

“That’s what we intend to do—not to be a hindrance in any way,” he said.

Speaking to the fiscal court, resident Monroe Cassady agreed with the need to address the garbage issue in the county but has concerns about the new ordinance.

“The ordinance that was passed before has not been enforced. If it had been enforced, we wouldn’t be where we are today,” remarked Cassady. “I do have a problem with one part that I read about in the newspaper, where there is going to be a board appointed to oversee the fines, that the enforcement officers will only be constables and will write the ticket up and hand it in to the board. Then the board will make a decision as to what the fine is. If the individual disagrees with that fine, then that individual can take it to the district judge.

“There’s too big a chance, in my opinion, that politics will play into this, as has been before.”

Cassady suggested tickets should be turned in to the circuit clerk’s office for the district court judge to decide. “I’m not saying there is, but there could be a legal question as to whether the fiscal court can appoint a board to tell someone, ‘This is what the fine is.”

Resident Frank Mills raised a question about the definition of garbage, expressing worry that he would get fined if he had a stack of lumber in his yard. The court did not answer his question.

Resident Terry Daniels declared he had more questions than he could ask in a single meeting.

“This is the first one I have attended,” Daniels said, noting his agreement with Cassady and Mills. “Who says it’s garbage, and you can be fined for it? Who is going to set the policy that one vehicle does not pass inspection compared to someone else’s vehicle? One is not as clean as the other one?”

Shifting his focus to county roads, Daniels asked, “Who is going to say, ‘It’s OK, the roads are fine for a garbage truck or semi to travel, but a school bus can’t’? We’ve had that trouble, and so many people have to travel out of their way to a school bus pickup point where buses traveled my entire life, and I’ve been here for 53 years.”

Daniels stressed the general need for communication and transparency in the community. “We have so many questions and misunderstandings that we need to get clear about so people understand what is going on and are not left in the dark, left to wonder.”

Addressing broader challenges, he said, “So many people are having a hard time, but many others don’t care – they just get patted on the back in public.”

Daniels mentioned the lack of resources for law enforcement and employment opportunities. He pointed to a dwindling commerce, which he said was evident from the absence of businesses and grocery stores. The resident also acknowledged the need for community collaboration and added that “the poorest of the people who are trying their best” might not have the means to help themselves.

Resident Walter Jackson communicated his problems with the ordinance.

“This isn’t California; this is Kentucky,” Jackson stated. “I don’t think the county has the right to tell people what to do with their personal property. The county needs to take care of their own property… You can’t drive down the road without the horse weeds knocking the mirrors off your car because the weeds haven’t been cut. You can’t drive down [Route 645] without smelling raw sewage.

“I ain’t getting rid of my cars. I collect them. Whoever comes and tries to take them will have one hell of a bad day.” Gesturing to the court members, Jackson added, “And you all will have a hell of a bad day.”

He continued, “I live in the country for a reason. I run a sawmill and cannot keep that stuff clean constantly, and I will not. So if you all want to fine me or buy my property, I’ll leave this county. America is supposed to be free.”

Jackson, too, questioned the subjectivity of the matter.

“What you decide is trash may be another man’s treasure. People say those old vehicles look like junk, but they’re the first ones you see that run up to the Great White Pumpkin Patch and take a picture on that old junk truck or take a picture by an old barn that’s falling down. Who decides what is trash and what is not?” he asked.

“I think the county needs to take care of its own,” added Jackson. “Are we going to tear these buildings down in front of the courthouse because no one is in them? I’m not going to tear my parents’ mobile home down because every time I go by there, I have memories. You can’t take people’s stuff away from them like that.”

Tammy Daniels agreed with Jackson and Terry Daniels, especially about county roads.

“On Ooten Road, they have to take the kids to the mouth of the holler to get on the bus; the bus won’t come up the road,” she said. “I don’t think that’s right.”

Resident Bill Howard urged, “I’d like for you all to put it on the front page of the newspaper where Martin County can see what’s going on.”

Turning to the newspaper reporter, Howard asked, “You’re going to put this on the front page of the paper. Right? Because this is a big stank going on. It needs to be on the front page.”

Tammy Daniels agreed, “Everyone doesn’t use cellphones and doesn’t know how – a lot of older people. I believe that it should be published in the newspaper.”

Judge Lafferty responded to questions about county roads.

“There are roads in our county that are substandard that need worked on,” said Lafferty. “And anytime there is a school bus or just people, we need to try to do the best that we can to fix those roads. We go through a process of adopting them, make a road plan, and then try to get out there and work on them. I couldn’t agree with you more.”

The judge turned his attention again to the solid waste ordinance.

“I think what I’ve heard, everyone speaking today, is we need to clean our county up. I think everyone agrees with that,” said Lafferty. “I would never let any type of law go forward that in any way targeted or hurt poor people in any way whatsoever. I was raised poor. I had the ability to go to school and, because of the people of this county, rise above that. So, I have no intention of ever allowing poor people to be targeted in any way.”

Addressing Jackson directly, Lafferty continued, “We don’t want you leaving our county. We have enough of that going on. We want to help you in every way we can to stay here, grow your business and hire more people.”

Jackson responded, “I’m for cleaning up the county. I just don’t want you taking my vehicles that I collect. I have to have them for parts because you can’t get a part if you go to the parts store. My parents’ home, you ain’t going to take it because it was theirs and it’s my memories. You should not bother people’s stuff that they’ve worked and paid taxes for… Dumps and stuff like that, clean them up but leave people’s personal property alone. They’re in the country, and if they want to have a hog pen in their front yard, that’s their business. They’re out in the country; they’re away from people.”

Jackson asked, “What’s next? Telling them what color to paint their houses or how tall their grass can be? It’s getting to be like California.”

Resident Wanda Horn of Calf Creek raised her issues: “I don’t want my two grandbabies growing up around a hog pen. We worked in Ohio, came back here and made a home, and I’ll be doggone if I’m going to let drug heads that nobody – that will not accept nothing because they don’t want nothing. And I’ll be doggone if I’m going to let two of my grandbabies live around a hog pen or drugs or somebody taking their garbage and dumping it in their yards, then turning around and burning it.”

Another resident shared his perspective: “We had a cleaner county with the garbage dump open, and I agree with these folks here.”

Under the current ordinance, he has been accused of not paying his trash bill and has gone to court six times, each time having receipts proving he pays for his trash service. “There are 30 people on that hollow, and I’m the only one that went to court not once but six times. Explain that to me.”

The resident also touched upon the topic of enforcement officers entering private lands.

“I mean no offense, but something like this ordinance belongs in a town, not in the country where we live,” he said. “Clean up and be responsible, but do it with civility.”

Resident Rick Horn has a problem with old structures that are falling in. He questioned if the owners have insurance to protect a child who might get injured in the structure.

Tammy Daniels pointed out that kids should not be on private property to enter abandoned structures.

Resident Jeff Daniels said he walks his road daily picking up garbage that other people throw out on him. “It’s hard on me to do that.”

He worries that the county will declare his personal property as trash and take it. “I work hard for what I’ve got, and I don’t want to see it taken away from me.”

Cassady stated, “I’d really like to see the ordinance that has already been passed enforced by the county attorney. She can do it. Enforce the ordinance that’s already passed while you people work on a new ordinance.”

Rick Horn commented that the county has never enforced its solid waste ordinance.

“It’s more of a political thing for certain people,” commented Horn. “But the county has gotten so nasty. I remember when I was a kid growing up, you didn’t see all this trash… Welfare came along and destroyed people. They get the welfare, then just throw their cans out in the front yard, open the door and throw their garbage out. They don’t clean up nothing. They got lazy – and that’s what’s wrong with our county.”

Magistrate Cody Slone said the ordinance is about public nuisances that could harm the public.

“It’s not a get-you moment… Like Mr. Jackson’s sawmill or his business and stuff, that’s a different scenario than what I think this ordinance is pertaining to,” Slone said. “And you guys made some decent points about possibly some of these buildings over here being a public nuisance.”

Before voting to approve the ordinance, District 5 Magistrate Ronald Workman asked for assurances that the court would conduct meetings with residents in each district for discussions. The magistrates agreed.

“I hope we can work with the people to clean up this county,” Workman said. “It’s not to punish anybody.”