BY ROGER SMITH
MOUNTAIN CITIZEN
INEZ — A disabled Tomahawk resident’s ongoing tussle with the Martin County Solid Waste Board hit a new level of intensity. As of Sept. 5, Larry Oaks is being fined $100 a day until he cleans up his property on Route 40.
Despite recent efforts to tidy up smaller items and trim weeds, Oaks has still not reached full compliance. The property contains a home that is no longer livable due to flooding, abandoned vehicles, a pontoon boat, trailers and debris.
During the latest board meeting Sept. 4, Code Enforcement Officer Paul McCoy relayed that Oaks could not attend the meeting due to lack of transportation.
“He’s cut the weeds again,” McCoy explained, acknowledging some progress but noting the abandoned vehicles remained.
Oaks has attempted to negotiate with a local recycling service, Howell’s, to remove old cars from his property but was not satisfied with Howell’s proposed apportionment of proceeds from the scrap yard, according to McCoy.
While Oaks’ situation remains unresolved, McCoy expressed empathy.
“He apologized,” McCoy said of Oaks, a veteran of the United States Armed Forces who requires supplemental oxygen and in July reported he had blood clots in his lungs. “I know that he has a hard time. I know we’ve dealt with him for a while, but his trucks are torn up, and he’s disabled. I don’t know what more to say.”
The code enforcement officer said the board could focus on either “the good or bad.”
“I know it’s bad, and I’m not asking you guys for any leniency; it’s entirely up to the board,” he said. “I think we’re getting more positive things done. It might be something small.”
The board’s reactions were mixed. Dottie Horn, a board member, questioned why the focus was being placed on a single property when similar issues exist throughout the county. Others discussed the ongoing problem with the Carters’ property in Beauty, where cleanup has stalled. McCoy mentioned that the 85-year-old owner of that property was reluctant to cooperate.
Board member Greg Murphy inquired about the number of visits McCoy would need to make before issuing a citation to the Carters. McCoy estimated “probably two more times.” Murphy asked if these visits could be scheduled before the board’s next meeting, and McCoy confirmed they could.
In a unanimous vote, the board decided to fine Oaks despite his appearance at a July meeting, where he expressed a willingness to cooperate.
July meeting
“I need time to get it done,” Oaks said in July. “I have limited help, but I have made an effort to get two trailer loads of debris and things out of there.”
Oaks explained that his property had been impacted by flooding, which left debris and shifted many items. He also mentioned break-ins, during which intruders had removed items from his home and discarded unwanted belongings in the yard.
Oaks and his wife Eva resided at the location across from the Sulphur Springs Church until 12 inches of floodwaters entered the home.
“I’ve had health issues the last three years,” explained Oaks. “I have blood clots in my lungs right now and I’m limited to what I can do.”
Board members assured Oaks they were there to help.
“I would entertain any kind of help,” said Oaks. “That’s my issue: finding help to get it done.”
The board agreed to check Oaks’ progress during the August meeting. They cautioned that he could be fined if he is unable to get the property cleaned up and suggested he reach out to Appalachia Reach Out to see if the volunteer ministries might assist him.
“It’s in your best interest to get it done,” board member Deresa MacDonald warned.
“There’s going to be several other people in your shoes as this goes on,” Murphy advised Oaks.
Oaks said he wished it was an empty lot.
August meeting
In August, Oaks was unable to attend the meeting as his wife needed their only vehicle for work. He communicated with McCoy, who reported that while the larger vehicles remained, Oaks had removed “four or five truckloads of smaller items” using a small truck. McCoy also provided photos showing that Oaks had been working to clear weeds and clean the area.
“He’s been keeping it clean,” McCoy stated.
Solid Waste Coordinator Eric Phelps confirmed that Oaks had reached out to others in hopes of negotiating a price for hauling away the vehicles.
McCoy advocated for patience, saying the board should continue trying to work with Oaks.
“Why impose fines on people who can’t even afford them?” McCoy questioned. “We should work with him if he can use those cars to get them out of the way, plus make him a little bit of money.”
Phelps agreed, stating that fines would not solve the issue: “The vehicles would still be there.” Assistant County Attorney Lynette Muncy echoed these sentiments, stressing the importance of showing leniency as long as Oaks continues to make progress.
“I strongly recommend that we work with people as long as they are working with us,” Muncy advised. “I don’t see the point in punishing if he’s continuing to work. There’s going to be an expense for him hauling off the garbage and him being on a fixed income. …If he’s hauled off four loads, that’s an expense to someone that we can’t overlook in what we have.”
Muncy concluded, “I don’t think it’s wrong to show a little bit of grace to someone who is trying to help themselves.”
Board members, with the exception of Murphy, agreed to table the issue until September.
See related stories:
Martin County introduces strict new garbage and nuisance ordinance
Martin County Fiscal Court adopts controversial solid waste ordinance
Recycling service accused of violating rules
Meanwhile, another dilemma surfaced in last week’s meeting: a local hauler accused the commercial trash hauler, Howell’s Recycling, of infringing on residential trash collection, a service reserved for franchise-authorized haulers. Murphy proposed documenting receipts from customers who used Howell’s services to address the violation of county franchise agreements.
To resolve the matter, the board decided to invite Howell to their Oct. 2 meeting to discuss the issue.
“He was supposed to be here for our last meeting but didn’t show up,” Murphy said.
Plan for countywide pickup day; other good news
In a lighter moment, the board discussed plans for a countywide free pickup day for large items, such as old appliances and mattresses, which have posed a disposal challenge for many residents. Board member Marcie Hanson asked for details on how the event would work. Phelps suggested placing dumpsters at former transfer stations in Inez and Warfield, with haulers and road workers collecting and disposing of the items.
Cox mentioned the county had a transfer station on Wolf Creek.
“We sold that,” said Phelps, assuring the board that he would have a date and plan in place by the next meeting.
“That would be good so they can put it in the newspaper,” said Murphy.
During last week’s meeting, McCoy was not without additional good news. He said another family that he identified as “the Hammonds” had cleaned up their property. He also reported that a residential hauler achieved 50% compliance from her clients after he had worked with her to send out letters.