CITY BOARD UNANIMOUSLY APPROVES ORDINANCES AIMED AT METH CRIMES

In their efforts to combat methamphetamine use, both state and local
officials continue to establish laws aimed at curbing its production. At
Monday's meeting of the Tullahoma Board of Mayor and Aldermen, ordinances
1292 and 1293, both dealing with the production of meth in Tullahoma, were
discussed in terms of what their effect on meth production, their
relationship to state law and the possible flaws or conflicts they might
contain.

Ordinance 1293 is an attempt to lay out certain guidelines for the proper
processing and clean up of sites and locations contaminated by meth.

Proper clean up of such sites is important, according to the written
ordinance, because residual meth contamination posses a potential threat to
future occupants of the property in question.

For instance, a family moving into an apartment that formerly housed a meth
lab would face potential chemical contamination of kitchen surfaces and
carpeting. Children and adults of childbearing age would be put in
particular risk in such an environment.

While the idea of protecting future occupants of a property against possible
exposure to hazardous chemicals is a popular one, two noteworthy criticisms
of the ordinance were raised at Monday's meeting of Tullahoma's Board of
Mayor and Aldermen.

Mayor Steve Cope, a member of Gov. Phil Bredesen's meth task force, pointed
out that while state law and the local ordinance deal with the importance of
making sure that meth sites are clean, no guidelines are set for determining
when a site is contaminated, when it is clean.

"We have a state law in place that allows the police to close down and
quarantine locations without standards in place," Cope said.

Locally, Police Chief J. C. Ferrell said that, with no set standards, the
period of time for quarantining a meth site is left to the whim of local law
enforcement.

"We just pick a number, whether it's right or wrong," Ferrell said. "We
don't know."

In response to these concerns, Alderman Troy Bisby, who proposed the local
ordinance, insisted that while no exact guidelines have been established by
the state, a list of approved hygienists has been provided by the state
commissioner of environment and conservation.

Bisby, who also is chairman of the Tullahoma Drug Task Force, pointed out
that house bill 2385 is central to the issue. The bill, passed in June as a
part of public acts 2004, gives local law enforcement the power to
quarantine a place where methamphetamine or other illicit drugs have been
manufactured until that location is clean again.

"Part of this law says that the commissioner of environment and conservation
will provide a list of qualified hygienists," Bisby said. "The big issue is
that when they enacted this law, they did not have what I understand to be
standards for when it is clean. I understand the concern, but let's face it,
there are plenty of hygienists that can go into a site, especially those who
have been cleared by the commissioner of environment and conservation who
can go in and tell you if it is safe for occupancy."

Bisby said that he expects a standard to be established at the state level
within a few months, around the same time the local ordinance would come
into effect.

Joe Orr, owner of Joe Orr Realtors and Auction Co. raised additional concern
over ordinance 1293.

Orr expressed his concern that while citizens need to be protected from the
dangers of meth, landlords and real estate businesses need protection too.

Orr said condemnation of a property and the forced cooperation of the
property owners should not be necessary if said property owners are willing
to do what is necessary on their own.

Orr said condemnation of a property by city or state law enforcement has a
devastating effect on property value and urged the board not to add to the
burden of property ownership.

Bisby, however, said that the concerns of property owners were taken into
account with the ordinance.

"Our ordinance does not put any kind of black mark on the title of the
property at all," Bisby said. "We just basically ask them to clean it up and
once it's clean, it will no longer be quarantined."

Bisby said that the state law was written in association with the Tennessee
Association of Realtors and, as such, protests both citizens and property
owners.

When brought to a vote before the City Board, the ordinance passed
unanimously with a vote of 6-0.

To a lesser extent, Ordinance 1292 also raised the concern of the board in
regard to possible conflicts with forthcoming state laws following
Bredesen's meth task force's finalization of its findings next week.

"Bear in mind that if we pass it this evening, we will have to redo it real
soon," Cope said of ordinance 1292.

The ordinance proposes the regulation of the display, sale and delivery of
ephedrine, pseudoephrine and phenylpropanolamine in Tullahoma.

These legal substances are key components in the production of meth and, as
such, the ordinance deals with keeping, selling and delivering the substance
in a way that allows for better purchase records and the prevention of
in-store theft.

Cope said that while the board's passing of the ordinance would not hurt the
efforts of the state, it could potentially put a law into practice with no
financing or support from the state.

Cope stressed that, despite his concerns, he was not opposed to the
ordinance, just concerned with the possible complications.

In response, Bisby argued that local action should be made due to the fact
that it will be six months before the state, following the task force's
findings, can actually get any legislature passed on the issue.

"I just don't see that we have a choice but to go forward with this," Bisby
said. "I hope (Mayor Steve Cope) is right, but I think it's going to be six
to nine months before we see a state law that deals with the issue. Because
if the state comes out with a law that says only pharmacists can sell this
stuff and it has to be behind counters, I'll be the first to ask that this
ordinance be removed from our city."

City Attorney Steve Worsham assured the board that, future state legislation
notwithstanding, the ordinance works with existing state laws enacted in May
of this year.

This ordinance, as well, passed unanimously with a vote of 6-0.