Jackson County commissioners unanimously passed an ordinance regulating sightseeing helicopters, backing off an earlier proposal to ban the businesses outright.

The vote came during concurrent work sessions and a regular meeting on Thursday, Nov. 1.

The first work session was to discuss the proposed Helicopter Sightseeing Ordinance and the second was to discuss a solid waste ordinance. Members of the Qualla community who had been petitioning the board for months to address the helicopter issue were present.

There was some confusion ast the meeting as the ordinance on the table for discussion was not the same ordinance that had been on display for 14 days.

On Oct. 4 commissioners had voted 3-2 to pass an ordinance banning helicopter sightseeing in the county. This is the ordinance that was on display. However, the ordinance for discussion Nov. 1 was a regulatory ordinance, not an outright ban.

Robert Franz of Qualla told commissioners he thought the regulatory approach was actually better than banning. Franz told commissioners he had consulted with attorneys regarding the outright ban and had been told it might not hold up in court.

“I am very happy to see what you guys have done. I’m afraid the other [ordinance] would have surely generated a lawsuit,” Franz said.

The ordinance would allow helicopters businesses only if they took off and landed from the Cullowhee airport.

There was some question regarding the legality of voting on the regulatory ordinance since the other ordinance was the one that had been on display. County Attorney Raymond Large told the board, “You’ve had a public hearing, you can pass either ordinance.” The board passed it unanimously.

Several private solid waste haulers were present for the hearing on the solid waste ordinance. The ordinance would ban private haulers from using Staffed Recycling Centers (SRC.) Bill Buscemi of Helping Hands said he felt the $60 annual solid waste fee citizens of Jackson County paid guaranteed them access to the SRCs whether they took the garbage themselves or hired someone to do it.

“Where does it benefit the citizens of Jackson County to keep me from using the SRCs?” Buscemi asked.

Tom Vokes of Earthworks Recycling said he thought commissioners were “getting the cart before the horse.”

Vokes, also a member of the Solid Waste Advisory Board, said he didn’t think commissioners had taken enough time or considered all aspects — such as recycling and composting — needed to craft an effective and comprehensive solid waste ordinance.

Greg Thomas of Country Collectibles was the only person to speak in favor of the ordinance. He said he didn’t think the ordinance would create financial hardship for haulers because the “market will dictate the prices.”

Commissioners tabled the ordinance and decided to meet again with the Solid Waste Committee to consider revisions. There appeared to be consensus among commissioners and haulers that a “pay as you throw” plan would be most equitable.

Commissioners also approved a new contract agreement with GDS a solid waste management company from Hendersonville.

 

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