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Joe P. Asher

Staff Writer

A man is seeking the Cumberland City Council’s assistance regarding a noise issue. Roy Tippett, who resides just outside the city limits of Cumberland and just behind Food City grocery store, attended a recent council meeting to request enforcement of the city’s noise ordinance. He said it is his attempt to quiet noise created by the large outdoor fans running at Food City.

“I’ve had this problem for almost a year now,” said Tippett. “I live behind Food City, across the railroad tracks. Their fans have been nothing but a nightmare for me and my wife. I haven’t been able to open up my swimming pool this past summer for it.”

According to Tippett, the noise from the fans has caused a lot of problems for his family.

“I’ve not been able to barbecue out. I’ve not been able to sit on my front porch and drink a cup of coffee or read the paper or anything,” said Tippett.

Tippett said he has lived in the location for more than 30 years, but it has only been in the past year that the noise from the fans became an issue.

“I lived over there before the store was even built,” said Tippett. “I have called Food City, had them over in my yard three different times. They agree I do have a problem, but they say it’s not their fault.”

“Have you talked to Mr. Henry, who actually owns the building that Food City’s in,” asked council member David Dixon.

Tippett said he has talked to Food City’s head office, as well as many government officials.

“I’ve talked to the Attorney General’s Office in Frankfort, the Governor’s Office in Frankfort, Leslie Combs in Pikeville, the Harlan County Attorney, the fiscal court, David Kennedy, and four different lawyers and OSHA,” said Tippett. “They all say that the one’s established inside this building should take care of the noise.”

Councilman Charles Raleigh said he has heard the noise from the fans.

“I’ve been behind there, and I’ve heard the noise,” said Raleigh. “I even talked to the manager about it and asked her if she knew of any intentions to fix it. She said they had started parking a tractor trailer sideways there so it would deflect some noise.”

Tippett claimed this does not stop the noise.

Mayor Carl Hatfield asked Police Chief Wayne Creech if he had discussed the situation with representatives of Food City.

“We have,” said Creech. “My opinion is — you’ve got a lawyer here — it’s a civil suit more than anything else.”

Tippett stated Cumberland does have a noise ordinance on the books, and requested the council enforce it.

After some discussion concerning enforcement procedures, the council directed city attorney Jonathon Lee to look into the matter and verify what steps would be required to enforce the ordinance.

Reach Joe P. Asher at 606-573-4510 or jasher@civitasmedia.com