Friday, August 24, 2007

Fireworks at the Health Department

Thursday evening the Mineral County Clean up Committee met. Repeatedly discussion erupted into fireworks.

One argument erupted over the proposed use of Raleigh County's derelict and junked property ordinance as a template to be adjusted to Mineral County's circumstances. Gary Howell pointed out that Clyde Burdock consulted the state Attorney General and was told that ordinance contained multiple flaws. Others argued that the ordinance conformed with the state code. Raleigh County also has adopted some of the most restrictive laws in the state concerning citizens' property rights, which includes the taking of private property through eminent domain. Howell proposed that the proposed Mineral County ordinance conform as much as possible to that of Keyser town laws on the same subject. This would reduce confusion for those owning property inside and outside city limits. Kolin Jan at one point asked of Gary Howell what was wrong with the Raleigh County ordinance. Howell responded that it would have the ultimate effect of depriving poor citizens of rights and property.

The motion to use the Raleigh County ordinance as a template failed to carry, sparking frustration among some. Mineral County Commissioner Wayne Spiggle, who abstained from voting, refused to be drawn in when asked by Rev. Daniel Stemple to vote after the votes had been counted. It could have been construed as a conflict of interest and also would have violated parliamentary procedure. Kolin Jan asked Howell why he objected to using the Raleigh County ordinance as a base. Howell replied, the use of Eminent Domain to take private property from low and fixed income land owners that can not afford to comply is wrong. Eventually the committee agreed to use a power point presentation to compare the Raleigh County ordinance, the West Virginia State Code, and the Keyser city laws. Using these examples, the committee could then break down the laws and create a workable and fair ordinance for the county.

Other discussions centered around an ordinance for the legal length of lawn grass in the county. Joe Zacot, and Gary Howell objected strongly to an ordinance for a legal standard for grass length of 1.5 inches proposed by David Isenberg. This led to some attempts to define a farm to exempt them from the 1.5 inches, until the entire discussion was shut down. Such definitions could be problematic as some small property owners bale hay off as little as a few acres for extra money.

The main issue preventing productive work by this committee is the low tolerance for disagreement. All too often voices were raised due to simple opposing points of view. In an atmosphere with angry voices and statements bordering on personal attacks, real progress will not happen. All need to remember that to craft a good law requires time and effort. When people's property and livelihood are in question, care must be taken to get it right. Rushing the matter through will result in bad law. At this point no one is hurt or threatened by junked cars and dilapidated buildings. There is plenty of time for the committee to make sure it does right by the people of Mineral County.

No comments:

Post a Comment