Decision on 'heavy' industry ordinance expected today

By Lisa Majors-Duff

Board members postponed a decision on the document designed to regulate asphalt plants and other businesses deemed hazardous to citizens and/or the environment during their May 2 meeting. Chairman Jay Denton then scheduled tonight's special meeting, allowing time for agreed-upon changes to be added to the draft.

Should a decision not be reached today, board members are expected to extend their yearlong moratorium on asphalt plant construction projects, which is scheduled to run out May 11.

New language included in the ordinance, as outlined by Denton prior to the May 2 public hearing, reflects board discussion at the time the draft was first presented April 18. The proposal now calls for a uniform distance of a quarter mile (1,320 feet) between a heavy industry and an adjacent care facility, including child day cares, nursing homes and hospitals. Twice that distance - a half mile (2,640 feet) - is proposed between a regulated industry and a residence.

The document also more specifically describes how existing junkyards would be required to comply with buffer, fencing and fluid storage regulations within five years.

"These are a couple of the issues commissioners talked about at length at the last meeting," Denton said before opening the floor to public comment.

Some 20 people addressed the board with their concerns about what might happen if a Bryson City man is allowed to build an asphalt plant in Qualla. The community's reaction to Mark Fortner's announcement this time last year that he intended to build an asphalt plant on the Worley Farm property brought about the moratorium on such construction.

It also set in motion a year's worth of meetings and research on the part of the Economic Development Commission, which was charged with determining what, if any, economic impact such a facility would have locally. The EDC's analysis determined a second asphalt plant in the county would have "minimal" economic impact.

Additionally, the EDC recommended commissioners implement an ordinance to regulate not only asphalt plants, but any so-called "noxious industry," including junkyards and mining operations.

Most who spoke last week warned that already polluted air conditions would be made worse by Fortner's asphalt plant, threatening the health of area residents. Barkers Creek resident Heather Stevens, who wore the respirator she said she has been confined to since being chemically poisoned, told commissioners she would be unable to go outside if an asphalt plant located half a mile away from her home.

Other speakers continued this theme, including Canary Coalition Executive Director Avram Friedman, who recommended commissioners extend their moratorium by 25 to 30 years and offer "reverse economic incentives" to industry representatives proposing to build polluting industries in Jackson County.

"Any legal roadblocks should be used to keep polluting industries as far away from this region as possible," Friedman said. "You will have strong support if you develop a prohibitive ordinance."

"Let's do it right if we are going to do it at all," said registered nurse Susie Sims, who suggested commissioners write a "strong" ordinance. Qualla resident Mary Ellen Saunooke thanked Fortner, who, she said, brought the community together with his announcements and made them more aware of the environment.

"I know people like paved roads, but don't we have enough paved roads now?" asked Qualla resident Brian Burgess, who additionally asked commissioners to extend the moratorium and make their ordinance stronger. He also suggested regulations on light and noise pollution be included.

Joy Kennedy brought up concerns about road and traffic conditions, which she said would be made worse with the inclusion of dump trucks hauling asphalt in the community.

Speaking on his own behalf, Fortner told commissioners that the proposed ordinance might make him choose another location, but it will not alter his plans to build an asphalt plant somewhere in Qualla community.

"We're just country people trying to make a living. We need to compete," he said. "The site we have chosen is the best site in the area. I don't see pushing us out of a commercial site into the wilderness."

On the issue of pollution his asphalt plant might produce, Fortner pointed out statements by experts that indicate vehicles and electric companies are the main cause of local air pollution.

"I have no hard feelings against anyone," Fortner continued, "even though some have called me a terrorist and seem to think a nuclear bomb is going to go off (in Qualla).

"If I thought (an asphalt plant) was going to hurt someone, I wouldn't do it," he said. "It isn't hurting Dillsboro [the location of the county's only existing asphalt plant]; they're building motels next to it."

Addressing another section of the ordinance, Doug Cody of Parris Branch spoke in favor of proposed regulations for junkyards. Cody said he often has to give directions to his home or to the new Scotts Creek School that include "taking a left at the second junkyard."

"People have property rights, but it's not right for you use your property to harm your neighbor's," he said. "It's an issue of fairness, not property rights."

Forest Hills resident Michael Pritchett, who has appeared before the board on numerous occasions to express concerns about junkyards on Skyland Drive and Parris Branch, suggested the section dealing with vehicle salvage be strengthened by requiring all such businesses established within the last three years to immediately adhere to regulations. He also asked that other junkyards be required to come into compliance with buffer regulations by 2004, three years sooner than what is being proposed.

At the conclusion of the public comments, Denton again explained his plans for tonight's special meeting and outlined a second time changes that would be included in the ordinance.

If those are the only changes made to the ordinance, then board members will be going against what they had heard during the public hearing, an audience member said.

Back to Archive: 05/09/02.