Noise ordinance to remain while rewrite is under way

By Lisa Majors-Duff

While he maintained that parts of the 1991 document are "vague" and "not befitting of the community," Denton agreed it should remain in place while the county planning board looks at possible modifications.

By unanimous vote, commissioners asked their planning board to review and rewrite the noise ordinance using examples of similar legislation from around the region as guidelines.

Prior to reaching their decision, board members heard from concerned community members who asked that the law against offensive noises not be taken off books. Cullowhee resident Maxie Parris asked that the ordinance remain as a means of defense against the noise associated with fraternity parties thrown by Western Carolina University students.

"Rescinding the noise ordinance would be catastrophic, in my opinion," said Qualla resident Robert Franz, a longtime supporter of the local law with regard to its regulation of a dirt racetrack in his neighborhood.

A time frame for completion of a new ordinance was not discussed.

A fire department substation in Caney Fork community was another issue commissioners agreed deserved more thought. Community members Wiley Henson and Dick Hotaling both spoke in favor of a substation, which board members removed from their 2002-03 budget prior to its adoption in June.

Some 500 families in Caney Fork community are outside the Cullowhee Fire Department's five-mile coverage radius, Henson said. This fact not only affects response times, it equates to higher property insurance rates, he said.

"We simply want equal fire protection for all residents of Caney Fork as is equal to the rest of the citizens of Jackson County," Henson said.

Should a substation be approved, Hotaling said, its logical location would be at the Community Development Center where the county already owns property and facilities are in place to maintain a fire department.

"It makes good economic sense," he said.

Board members agreed to allow emergency service director Mike Ensley form a committee to investigate the issue.

In other business to come before the board, Commissioner Conrad Burrell was forced to withdraw his motion to give the Economic Development Commission $150,000 from capital reserve when finance officer Darlene Fox reminded board members that those funds were set aside in hopes that state reimbursements would be returned to the county.

Should the state House of Representatives vote to give the counties an additional half-cent sales tax in lieu of reimbursements, the funds would be available, Fox said. That decision may come this week.

The EDC is planning to use the funds to purchase the Tuckaseigee Mills property in Sylva, which would be used to accommodate an expanding business and at least two other businesses, according to EDC Chairman Tom McClure.

A motion to reappoint former county Commissioner George Hooper to the Southwestern Community College board of trustees failed by a vote of 2-2. Commissioners Roberta Crawford and Stacy Buchanan supported the appointment, while Denton and Commissioner Franz Whitmire voted against Hooper. Burrell abstained from voting, citing his role as chairman of the SCC board as a conflict of interest.

Receiving board approval last week was a new contract with the Qualla Volunteer Fire and Rescue Department to provide emergency services within its response district. The issue of which department - Qualla or the Jackson County Rescue Squad - would serve as the primary provider of rescue services caused some concern earlier this year.

Also approved was a request from the Village of Forest Hills to apply the county's telecommunication facilities ordinance within its town limits.

Board members also gave the go ahead for a set of fees to be added to the sediment control ordinance for violations. Twelve violations were outlined - from disturbing land without an approved plan to failure to maintain erosion controls - all carrying fines of $50 a day.

Rules governing operating procedures at the county recycling center were approved, as were requests from WestCare Health Systems for road modification plans to be sent to the N.C. Department of Transportation. Changes to Hospital Road were designed to go along with construction plans at Harris Regional Hospital, according to WestCare CEO Mark Leonard.

The next meeting of the Jackson County Board of Commissioners is scheduled for 7 p.m. tonight (Thursday) at the Justice Center.

Back to Archive: 08/01/02.