Qualla residents demand improvements to ordinance

By Lisa Majors-Duff

The timing of next week's hearing is of importance considering the May 11 expiration of the county's moratorium on asphalt plant construction projects, many agree. The yearlong work stoppage order was imposed in response to a Bryson City man's proposal to build such a facility in Qualla community.

Following a public outcry, commissioners halted Mark Fortner's plan and asked the Economic Development Commission to determine what economic impact, if any, a second asphalt plant could have on the county. The only asphalt plant currently operating in Jackson County is owned by Harrison Construction/APAC in Dillsboro.

After months of study and dozens of meetings examining the issue, EDC members concluded Fortner's plant would have a "minimal impact" on the county's economy. In their report to the county commission, EDC members recommended the county develop an ordinance that would regulate not only asphalt plants, but other industries that could potentially have a "high impact" on the community.

Using examples of ordinances of this type from around the state, including laws from both Henderson and Ashe counties, the EDC, again with instruction from the county commission, attempted to draft an ordinance to address local concerns. Citing a lack of expertise on the subject, the EDC hired a consultant who drafted the ordinance that was presented to commissioners during a special meeting April 18.

The ordinance, EDC Chairman Tom McClure said, "covers a number of industries. We believe it will serve the interests of Jackson County well."

The proposed ordinance addresses three specific industries: asphalt plants, junkyards and mining operation. A catch-all section labeled "heavy industry" would regulate businesses using potentially hazardous materials, including acids, ammonia, animal by-products, bleaching powder, cellulose, chlorine, creosote, detergents, enamels, lacquers, linoleum, paper pulp, lime, rubber, soaps, tannery products, turpentine and "environmentally hazardous materials."

The ordinance does not address helicopters, an exclusion pointed out by Commissioners Stacy Buchanan and Roberta Crawford last Thursday. The pair had requested a section to regulate sight-seeing helicopter operations in an attempt to solve another problem facing the board and affecting many in Qualla.

McClure said the EDC did not include that business because "we didn't think the helicopter fit into this (ordinance)."

"I would have liked to have had the helicopter included," Buchanan said Tuesday.

While Qualla residents have been up in arms for a year over a potential asphalt plant locating in their neighborhood, they have been complaining for more than two years about noise generated by a helicopter operating near the Cherokee Indian Reservation. An attempt to regulate that business late last year failed when a District Court judge declared the county's ordinance unconstitutional. Since then commissioners have asked their attorney to continue his research into ways the county might successfully regulate helicopters.

Citizens Voice Concern

Robert Franz, chairman of the Qualla Community Development Council, spoke passionately during last week's 7 p.m. commission meeting against the section of the proposed ordinance calling for 500 feet to separate an asphalt plant from a residence.

"Allowing for 500 feet says you think an asphalt plant is a better neighbor than a junkyard," Franz said, when, in fact, a junkyard's potential for pollution does not compare with the pollution produced by an asphalt plant.

His comments echoed those expressed by Buchanan and Crawford during the 5 p.m. session with the EDC, during which the two commissioners requested the separation for asphalt plants be increased to at least 1,000 feet, the distance used in the Ashe County ordinance. Distances proposed for junkyards, mining operation and other heavy industries are 2,640 feet, or half a mile.

An informal poll of board members last week showed that the remaining three commissioners - Chairman Jay Denton, Franz Whitmire and Conrad Burrell - were satisfied with the distances proposed by the EDC.

Since then both Buchanan and Denton have changed their minds on the subject. Buchanan reported Tuesday that he preferred to make the proposed distances uniform at half a mile separation, while Denton said he now agrees with the 1,000-foot separation for asphalt plants.

"How do you tell a person living in a residence that an asphalt plant is better than a junkyard?" Buchanan said in a telephone interview Tuesday.

"I have rethought my position on the distances," Denton said, also by telephone Tuesday. "The argument made by the concerned citizens of Qualla has made an impact on me. It was short-sighted on my part not to more strongly consider that argument when we were debating it."

Franz was one of about 15 Qualla residents to speak out against Fortner's asphalt plant locating in their neighborhood. Most cited health concerns as the reason commissioners should do whatever it takes to make sure the plant is not constructed.

"You are our elected officials; we have to go through you to get what we want," said Harmer Weichel. "We don't want an asphalt plant; it's that simple."

"We've been working on this for a year of our lives," said Susie Sims. "We've asked for fairness. Please, please don't let us down."

"How can one person from Swain County come in here and tear up Jackson County?" Mary Ellen Saunooke asked. "Protect us; that's what you are in that position to do." "Think of us as your patient and err on the side of caution," said emergency room physician Dr. David Trigg. "Please don't take a chance with us."

Moratorium Extension?

Though not strictly required by state law, county attorney Raymond Large advised commissioners to set a public hearing on the proposed ordinance for Thursday, May 2, at 5 p.m. He also suggested board members announce an extension of the yearlong moratorium on asphalt plant construction is possible. If the ordinance is not approved unanimously, a second vote on the document could not be held until the board's next meeting May 16.

Commissioner Buchanan said Tuesday he plans to call for a 60-day extension of the moratorium to allow for time to work out some of the details of the proposed ordinance, including some language revisions.

He also voiced concern about statements made by Franz last week that he has been excluded from attending EDC meetings at which the asphalt plant issue would be discussed and that information on the subject had been withheld from him.

"My faith in county government has gone down considerably," said Franz, who explained in detail how he was not being informed of all EDC meetings even though he'd paid the required $10 to receive written notifications. "I do not understand why information is being withheld from me."

"That is unacceptable," Buchanan said about Franz's complaints. "That community has concerns, and they elected a person to represent them. I fully support (Franz) getting that information, and it bothers me if he isn't."

Information about upcoming EDC meetings was inadvertently not sent to Franz, Board Chairman Denton said.

"I have researched Mr. Franz's accusations thoroughly and have found no reason to believe that he was deliberately excluded," Denton said Tuesday. "The EDC has admitted to making a mistake and not informing him.

"Yes, we make mistakes," he continued. "This was not the first time and it probably won't be the last. The best I can do as chairman is apologize."

"During the process of studying the issue of the proposed asphalt plant the EDC members concluded that the adoption of an ordinance that sets standards for noxious industries, such as the asphalt plant, that may or may not have a hazardous effect, would be the most serving to the citizens of Jackson County...

Letter to commission from

Tom McClure

EDC Chairman

Back to Archive: 04/25/02.