Health and Safety Standards resoluton needs state action

The passing of a resolution about Health and Safety Standards that has been the topic of concern for many White County residents still needs action in the state’s General Assembly before it can be enforced by any county agencies.

At this time, the county commission is sitting with a resolution, specifically No. 40-08-2020, that was passed in August 2020 but, due to a technicality in a state code, cannot be enforced. The resolution allows for the creation of a White County Health and Safety Board and the appointment of a White County Codes Enforcement Officer for the purpose of creating and enforcing regulatory standards for health and safety conditions of properties around the county. However, after review, the county’s attorney, John Meadows, informed the board that TCA 5-1-115 doesn’t allow counties of certain population sizes the authority to enforce such codes.

In December 2020, the White County Board of Commissioners passed an additional resolution agreeing to ask Senator Paul Bailey and Representative Paul Sherrell to ask the state to amend the resolution to include counties that have a population between 25,800 and 25,900, which would include White County.

This is where the action has stalled at the moment.

According to several White County residents, there are a large number of property owners who are unhappy with the resolution and have begun calling both Bailey and Sherrell to request they do not sponsor the bill and that it not be taken in front of the General Assembly.

“Most of the time, you don’t question a local legislative body, because they are closest to the citizens,” Bailey said, explaining that it is not uncommon for a county or city legislative body to pass a resolution to ask the state to make a change on their behalf. “When the county sends it to us, we assume it is what their people want.”

However, because of the conversations that have been taking place in the county, Bailey said he feels this may still be at the county level and admitted there is no need to rush the bill to the General Assembly.

“There is no timeline on this; we can carry it at any time,” he said. “I told County Executive [Denny Wayne] Robinson and some of the commissioners that they need to make sure this is what the people want.”

Bailey also stated he feels there needs to be more information given to the people, and they may not be fully aware of the scope of the proposed standards.

“There is already a current state law that says that the county can go and clean up a non-occupied property if it is creating a health and safety hazard,” he said. “This would just extend that reach to occupied properties.”

Bailey went on to say he thinks people are concerned about the reach the county will have but reminds constituents it is only if there is a health or safety issue present.

“If you have a bunch of vehicles parked on your property, this doesn’t necessarily apply to you,” he said. “But if you have garbage piled up in one of those vehicles and there are rats running everywhere, then we have a health issue.”

Bailey used an example of a corner lot being grown up so much that it impedes the view of traffic as a possible safety concern that would be able to be addressed should the new resolution be put into action.

“I think there’s a lot of misinformation out there,” he said and then added that he in no way wants to infringe on the rights of residents if not necessary. “I am all about someone’s property rights, but what about your neighbors’ rights? We have to look at all sides of this right now.”

According to Representative Sherrell, he is not hearing that the people are in favor of the new Health and Safety Standards.

“I was getting phone calls before it even came across my desk,” Sherrell said and indicated that he went to the county clerk’s office to get a copy of the resolution to educate himself on the language of the resolution. “I didn’t have the answers to give the people.”

Since that time, Sherrell’s office said they have received 153 phone calls from households stating they are against the new Health and Safety Standards and only 14 phone calls in support of the bill. In addition, they have received 10 signed petitions from the people of White County asking the representative to not sponsor the bill that would give the county the authority to begin enforcing the new standards.

“I’m trying to do what the people are asking me to do,” Sherrell said. “This is the people’s office. They need to let me know what they want – whether they are for it or against it.”

Sherrell encourages White County residents to call his office in Nashville and let him know where they stand.

“Call and let me know what you want,” he said. “Call my office at (615) 741-1963.”

Bailey, too, said that he thinks the people should be heard and has encouraged them to let their voices be known.

“If you have strong feelings and are opposed to this, you should call back to your representatives and let them know where you stand,” Bailey said.

This is the advice Bailey said he has been giving to those who have contacted him, saying again that by the time it reaches his office, he is of the understanding that it is something the majority of the residents of that county want, but said that constituents are also welcome to call his Nashville office at (615) 741-3978.