Board votes to ban helicopter tours

By Lisa Majors-Duff

But since the vote was not unanimous on the ordinance's first reading, the legislation stands unapproved. A public hearing on the issue has been set for 5 p.m. Thursday, Nov. 1.

Prior to their meeting of Oct. 4, commissioners had agreed to fill in the blanks on a proposed ordinance drawn up by their attorney, Raymond Large, who designed a document to regulate sight-seeing helicopter flights. The blanks Large left required commissioners to decide, among other items, hours of operation and how far from homes and other businesses such companies could be located.

But before a discussion on that document could commence, Commissioner Stacy Buchanan moved that the board take another route and adopt an ordinance similar to one approved recently in Haywood County, which has banned sight-seeing helicopter tours.

The Haywood County ordinance reads: "It shall be unlawful and a misdemeanor to operate or maintain any helicopter sight-seeing operation from or within the boundaries of Haywood County." "I still strongly feel I don't want this nuiance in Jackson County," Buchanan said. "I'm in favor of (an ordinance) like Haywood County."

"That was my feeling from the beginning," Commissioner Conrad Burrell said. "Taxpayers of Jackson County live near there, and they deserve some relief."

"I tend to agree with Mr. Buchanan," said Commissioner Roberta Crawford. "I wouldn't want this in my neighborhood."

Crawford's Oct. 4 comment was a reversal of her comment of Sept. 20, when she said, "I'm not for totally banning (the business). I'm for relief for Qualla."

Commissioners asked their attorney to draft an ordinance regulating sight-seeing helicopter operations after receiving several appeals from residents of Qualla. Complaints from community residents mostly centered around the frequency of flights and the noise associated with them. Some of those same complaints were voiced last week.

"Many of us don't live anywhere near the helicopter pad. We just hate hearing it," said Robert Franz, who produced a copy of Large's draft ordinance with the blanks filled in, though he did not indicate where it had come from. "There has to be some middle ground on how often they can fly."

"There's been no helicopter for three weeks, and it's been great," said Roy Barber. "You cannot communicate when he's flying; there's not a pleasant place you can be."

Great Smoky Mountain Helicopters, a 37-year-old sight-seeing company, has been operating a branch of its touring company in Qualla for about three years. The business got its start in Pigeon Forge, Tenn., and has since expanded to North Carolina and Mississippi, said company manager Jim Garst.

"A county cannot impose a law to put a company out of business, and that's what this (ordinance) would be," Garst said Tuesday. "We told them they could buy us out. If they don't do that and they just want to put us out of business, then yes, there is a problem.

"Their attorney has told them they cannot do this, so why would they even try?" said Garst. "It's like they're saying 'We don't care; we welcome a lawsuit.' Does that make sense?"

Though some have said that the Haywood County ordinance was drafted to eliminate Smoky Mountain Tours from its borders, Garst said his company has never operated a business in that county. It is his understanding that the company targeted by that legislation has since gone out of business.

"I'm not in favor of banning a business," board Chairman Jay Denton said last week. "There are a number of nuiances we put up with. Are we going to pack a room and ban those businesses, too?" Commissioners Denton and Franz Whitmire voted against Buchanan's motion to adopt the Haywood County ordinance.

Following the 3-2 vote, Large pointed out that the ordinance cannot stand approved without a unanimous vote on first reading. He then suggested the board hold a public hearing since the legislation deals with restricting a business through zoning.

"I think you've zoned him out," Large said. "I think you should have a public hearing."

Agreeing with their attorney's suggestion, board members set a public hearing on the proposal for 5 p.m. Thursday, Nov. 1, at the Justice Center.

Garst, who said Tuesday he had not been made aware of the board's apparent majority-decision or the public hearing date, said he plans to attend the meeting and ask the board a question.

"I am going to ask them why they chose not to attempt to settle this," he said. "We are not going to shut our doors and fly away. We told them they can buy us out, but they haven't even contacted me to discuss a figure.

"All we want is for them to be fair," Garst continued. "We have not flown for 30 days in an attempt to be reasonable. But maybe I should start again tomorrow."

Back to Archive: 10/11/01.