MINUTES

STATE OF NORTH CAROLINA BOARD OF COMMISSIONERS

COUNTY OF HENDERSON APRIL 1, 2004

The Henderson County Board of Commissioners met for a special called meeting at 6:00 p.m. at West Henderson High School Auditorium to hold a quasi-judicial proceeding on Special Use Application #SU-03-01 and Related Variance Application #BOCV-03-01 – Motorcross Racing Facility.

Present were: Chairman Grady Hawkins, Vice-Chairman Larry Young, Commissioner Bill Moyer, Commissioner Charlie Messer, Commissioner Shannon Baldwin, County Attorney Angela S. Beeker, and Clerk to the Board Elizabeth W. Corn.

Also present were: Planning Director Karen C. Smith and Planner Brad

The following is a verbatim transcript:

The term “members” refers to members of the Board of County Commissioners.

Chairman: “Good evening ladies and gentlemen. I would like to go ahead and call the meeting to order and move that we go into public hearing. All those in favor of that motion, say ‘aye’.

Commissioners: Aye

Chairman: Ladies and gentlemen, a quasi-judicial proceeding is being held today to consider a variance application number BOCV-03-1 and Special Use Permit Application No. SU-03-01, submitted by J. Michael Edney on behalf of George Andrew Bennett. The subject of both the variance application and the special use permit application is whether a motor cross facility may be operated on that property located at 198 North Edgerton Road, Hendersonville, North Carolina. A quasi- judicial proceeding, much like a court proceeding, is a proceeding in which one’s individual rights are being determined. The proceeding will be conducted under the Henderson County Board of Commissioners’ Rules of Procedure for Quasi Judicial Proceedings and those Special Rules of Procedure previously adopted by the Board of Commissioners for tonight’s meeting. A summary of the rules of procedure for Quasi-Judicial Proceedings and Special Rules are available for anyone who wishes a copy. Under these rules, not all persons here this evening will be allowed to speak. Persons who have a substantial interest in the outcome of the decision and who may be adversely affected by the decision to be made by the Board will be allowed to participate in the proceedings as parties. Parties will be allowed to call a maximum of 25 witnesses. If you are not a party or you are not called as a witness by one of the parties, you will not be allowed to participate in tonight’s proceedings unless you are called on by the Board of Commissioners. Each person wishing to become a party must complete an application to become a party and submit it to our clerk, Mrs. Corn. She is sitting right here in the front. Is there anyone who wishes to apply to become a party who has not filled out an application already? If so, please come forward, get one of the forms from Mrs. Corn and complete it at this time. When you have finished, give your application back to Mrs. Corn if you have not already done that. Mrs. Corn, may I have the applications to be a party that have already been submitted to you at this time? The Board acknowledges the Petitioner, Mr. George Bennett, and the Planning and Zoning Staff as parties to the proceedings. Mr. Bennett, we already acknowledged you as a party.

Chairman: Chuck Pressley. Mr. Pressley, would you please come forward. Mr. Pressley has applied to the Board to be a party. His reasons for becoming a party indicates that he is within a two-mile radius as governed by the Ordinance and he feels a potential of noise pollution. He is located in Foxwood Property Owners’ Association, President of Board of Directors. Does anyone have any comments on Mr. Pressley becoming a party? (NO COMMENTS) Thank you Mr. Pressley. We will accept you as a party.

M. Edney: We would object to Mr. Pressley being a party.

Chairman: I’m sorry.

M. Edney: We would object to Mr. Pressley being a party.

Chairman: O.K. Noted.

M. Edney: To be a party under the case law, you have to have a special damage possibility and being an owner within two miles makes him similarly situated than anybody else within the county and therefore, he has no special damages so he has no standing to be a party.

Chairman: Well, Mrs. Beeker, you want to comment on that?

Atty Beeker: Yes sir. To be a party, your Rules of Procedure require, as you have said, that they be adversely affected by the decision and that they must have a substantial interest in the outcome. What Mr. Edney says is correct for appearing in Court to participate to appeal a procedure such as this one. Typically the Board has been a little bit more lenient. But you might ask Mr. Pressley if he cares to address any of the points that Mr. Edney has raised as to whether he feels that he would suffer special damages apart from the rest of the community to become a party.

Chairman: Mr. Pressley, do you want to elaborate a little on your reasons specifically for becoming a party to the proceedings?

Mr. Pressley: As being the current President of the Board of Directors of the Foxwood Property Owners’ Association, the motor cross establishment has held races there previously. On those occasions, there have been numerous complaints by owners of excessive noise. We don’t anticipate, we already know that it does create a disturbance in our community of 59 property owners, so we feel that that is a way that we are adversely affected, any time and every time when they have a motor cross activity.

Atty Beeker: About how far away are you from the property?

Mr. Pressley: We are actually within a one mile radius of the property. We are located between 191 and 25, on the ridge, opposite ridge of the former landfill and prison.

Chairman: Thank you Mr. Pressley. Mrs. Beeker, I understand the point of law, I guess, that Mr. Edney raises, beside from the fact that we are not a group of judges up here, per se. As I understand our proceedings, we do have some latitude in who we accept as parties aside from strict judicial proceedings.

Atty Beeker: Yes sir, I do believe you have some discretion. There is no case law that addresses the point on who may participate in the proceeding before the Board directly, but the case law is very clear, that to proceed beyond this level, exactly what Mr. Edney says is correct, that they would have to suffer special and distinct damages apart from the rest of the community, and typically a general statement of “we will be adversely affected” is not enough to meet that burden.

Chairman: When you say a “specific statement”, are you talking about to be more specific, it would need to include the type of adverse action such as a sound, noise, or something along these lines?

Atty Beeker: Impact on property values, that kind of thing. Some evidence that their property value could be impacted or that they would suffer some special or distinct damage. Case law is pretty clear on appealing to the Court. There is no case law directly on point, so, therefore, I believe that your standard that you have set out that “they be adversely affected by the decision to be rendered and have a substantial interest in the outcome” is what governs your proceedings tonight.

Chairman: O.K.

Atty Beeker: I believe you have a little bit more flexibility, but there is a line. I do believe that there is a line, and it is for you to draw as far as how far removed somebody can be and still participate fully in the proceeding. Mr. Edney has objected, so, therefore, if the Board goes ahead and allows somebody to be a party over which he has made an objection, then, of course, if they were not to prevail and were to appeal, that would give them a basis to appeal.

M. Edney: Are we taping this?

Atty Beeker: We are.

M. Edney: Let me restate a few things since I did not speak into the microphone to make sure that I look good on record. Mrs. Beeker is correct. Basically, what I am speaking about is case law that would guide who the parties would be in an appeal from this decision to a Courtroom, but I think this Board, being a quasi-judicial body, needs to follow that so that there is consistency in the proceedings between the proceedings before this Board and a Court of Law. Again, the case law requires a specific, or special type damage, and it has got to be something more than just the entire community is involved with. As I understand Mr. Pressley, he is speaking either individually or as a member of a homeowners’ association, I don’t know which. If he is speaking as a member of a homeowners’ association, that, by definition, is a community, and he would not have any standing whatsoever.

Atty Beeker: Mr. Chair, may I ask Mr. Edney a question?

Chairman: Yes, please.

Atty Beeker: Would you be amenable to persons in similar situations as Mr. Pressley to allowing them to just simply testify but not participate fully as a party? Participation as a party, as you know, allows cross-examination, closing argument. It is a lot more involved than simply addressing the Board?

M. Edney: I think anybody here tonight should be able to speak if they want to, but my objection is the party side of it, cross examination and those type things.

Atty Beeker: O.K.

M. Edney: So if the Board wants to allow everyone here to speak, whether they have signed up or not, I would concur and say do that, because you need to make a decision based on what the people want, not just on what us lawyers have put together for procedures.

Atty Beeker: They need to make a decision based on the evidence presented tonight.

M. Edney: They need to do the right thing, Mam’.

S. Baldwin: Is what we are trying to determine is who has standing as a party?

Atty Beeker: To be a party.

S. Baldwin: To be a party. That is very different than having someone to come up to just address the Board.

Atty Beeker: Absolutely.

S. Baldwin: So what we are trying to determine is whether or not Mr. Pressley has standing in this case?

Atty Beeker: Yes, because your Rules of Procedure technically don’t allow people to just come up and address the Board, however, I am anticipating that there are going to be other folks who come up and ask to be a party so that they can address the Board and so I am anticipating that Mr. Edney is going to object to everyone one of those, so what I was proposing is something that is kind of a happy medium so that you don’t have to go through the examination of party and objection for everybody who is similarly situated to Mr. Pressley. So that they still have their opportunity to address the Board, but they don’t get to be a party.

B. Moyer: But if that is the case, can we take their testimony into consideration? It is not part of the record.

Atty Beeker: If they are under oath, it’s evidence.

B. Moyer: Even though they are not a party?

Atty Beeker: Yes. I mean, there is a difference between a party and a witness. So basically, the Board would be, you might say the Board would be allowing these persons to be witnesses. Because the Board has discretion to call whomever you would like to be a witness, but then they would say their peace and that would be it. They would not have an opportunity to repeatedly address the Board, make arguments before the Board and call witnesses.

B. Moyer: Would Mr. Edney have the right to cross-examine them?

Atty Beeker: He would.

B. Moyer: And the other parties would have too?

Atty Beeker: Yes. They would have the right to. That’s correct.

B. Moyer: So the only thing they don’t have the right to is to cross-examine Mr. Edney.

Atty Beeker: And to make closing arguments before the Board.

B. Moyer: Well, that’s a fine line.

Atty Beeker: And they wouldn’t have standing to appeal either, if they were just a witness.

Chairman: Is the central question whether or not Mr. Pressley is representing the property owners or himself individually?

Mr. Pressley: I’m representing the property owners’ association.

Chairman: Then, I guess the question I would ask Mrs. Beeker, if that be the case, is that appropriate then that Mr. Pressley be made a party to the proceedings as representing a general area versus the specific thing…?

Atty Beeker: I don’t believe he has met the strict test for the Courts.

Chairman: Well, I think it would be imperative that we try to follow those rules as close as we could in the event that there is an appeal made, then we would have those things pretty well addressed. What is the pleasure of the Board here?

B. Moyer: Grady, I would have to say that that is not the test we followed in the past though. We have never gone to that standard. If people were affected and they thought they were affected and we saw that they might be affected - Mr. Pressley and his group clearly will be affected in some fashion - we have allowed them to be parties, so that we get everything on the record and give everybody a chance to have their say and participate in the proceedings.

Chairman: So is it the pleasure of the Board to make Mr. Pressley a party?

B. Moyer: It would be mine.

S.Baldwin: Didn’t he state that he was within the two-mile radius from the site?

Atty Beeker: He stated that he was in one-mile.

Chairman: One mile.

S. Baldwin: One mile radius.

Chairman: We need to call for a vote on that Mrs. Beeker?

Atty Beeker: I would.

Chairman: O.K. Then.

Atty Beeker: You need a motion one way or the other.

Chairman: I’ll move that Mr. Pressley be made a party to the proceeding. All those in favor of that motion, say aye.

Members: Aye.

Chairman: Opposed?

Members: NO RESPONSE

Chairman: Thank you, Mr. Pressley. You will be a party to the proceedings.

M. Edney: Mr. Chairman, if you could note my exception to your ruling.

Chairman: Yes Sir. We will note that Mr. Edney objected to Mr. Pressley being a party. Next party is James Moore. Mr. Moore, would you come forward please.

S. Baldwin: Janice Moore.

Chairman: I’m sorry, Janice Moore. Mrs. Moore indicates that she has a personal residence within a half mile of the proposed facility. Mrs. Moore, do you want to add anything to that?

Janice Moore: The only other thing I would like to add to that is that I was a party of the zoning that was enacted back when the race track was talked about several years ago, and I was part of that when they enacted the new legislation at that time regarding restrictions on locations of motor facilities.

Chairman: So you have ownership or interest in property close by half a mile?

Janice Moore: I do, yes. Our own personal residence.

Chairman: What is the Board’s pleasure on Mrs. Moore becoming a party?

M. Edney: If I may, before you do that, note my objections for the record and note that Mrs. Moore claims to have been a party to the zoning of the site of Industrial II, back in 1981.

Chairman: Duly noted.

Janice Moore: I’m not sure if that – is that stated correctly? I mean, I was on the Henderson County Community Association that was working with the racetrack issue. I don’t know that I was a part of the zoning you are saying.

M. Edney: My property has been zoned I-2 since 1981, so that needs to be made clear.

Janice Moore: No. No. No. That was not the same issue.

Chairman: I think the issue here is whether or not to be a party, you have a interest in the decisions being made and the other things we are talking about.

M. Edney: The legal question is, does she have specific interest, and again, we say she does not. She’s just like anybody else in the community.

B. Moyer: I move she be made a party.

Chairman: All in favor of that motion, say aye.

Members: Aye.

Chairman: Opposed?

Members: NO RESPONSE.

Chairman: O.K. Mrs. Moore, you will be made a party.

Chairman: Mark Wright, would you come forward sir. Mr. Wright indicates that he is just a resident in support of the motor cross facility, family impact in relation to parent and sibling relationship. Is that your specific interest?

Mark Wright: Yeah, and I live nearby too as well, on April Lane, just off Howard Gap.

Chairman: What approximate distance would you be to…?

Mark Wright: I would say within probably one mile.

Chairman: Mrs. Beeker, do you have any comment?

Atty Beeker: I’m sorry. He said he lived within one mile?

Chairman: He said he lived within one mile. Do you have any objection to that?

M. Edney: To be consistent, I want to object since he is not – since legally they should not be parties, but the Board is obviously ruling the other way, and hopefully, I will never have to appeal this, but if we do, I need that issue preserved.

Chairman: You want a part of the record to indicate that you objected to Mr. Wright being a party.

M. Edney: Yes.

Chairman: Duly noted.

L. Young: I make a motion that we allow Mr. Wright to be party to this action.

B. Moyer: I move that he be made a party.

Chairman: All those in favor of that motion, say aye.

Members: Aye.

Chairman: Opposed?

Members: NO RESPONSE.

Chairman: O.K. Mr. Wright, you will be made a party.

Chairman: I guess this next one is Mr. Kenneth Cobb. The name listed here is Park Ridge Hospital, Mr. Cobb.

Mr. Cobb: Yes, I am representing Park Ridge Hospital.

Chairman: And the reason being land ownership. I believe that you are within a mile or so of the …

Mr. Cobb: That is correct.

Chairman: Mr. Edney, do you object to Mr. Cobb being a party?

M. Edney: I’m trying to remain consistent, so we object to this, yes.

B. Moyer: I move that he be made a party.

Chairman: All those in favor of that motion, say aye.

Members: Aye.

Chairman: Opposed?

Members: NO RESPONSE.

Chairman: Mr. Cobb, you will be a party.

Atty Beeker: Mr. Chairman, is he a party personally or is Park Ridge Hospital the party?

Chairman: He has indicated here that Park Ridge Hospital is the party.

Atty Beeker: O.K.

Chairman: That is who he is representing.

Atty Beeker: O.K.

S. Baldwin: Can we not instead of having to go through all this, can we not say - since we are using a mile as a general idea, can we not say that anybody within a mile of this facility does have standing and will be admitted as a party?

Atty Beeker: Yes Sir you can, but just to keep the record straight, they all need to fill out applications and we need to list them all down so Mrs. Corn has a record of who they are.

S. Baldwin: O.K.

Chairman: Mr. Douglas Dunlap. Mr. Dunlap has indicated that his specific reason is noise pollution and decreased property value at resale. He lives at 331 Brookside Camp Road. Mr. Dunlap, is there anything else you want to add to that?

D. Dunlap: I live within a half a mile of the …

Chairman: Half a mile.

B. Moyer: I move that he be made a party.

Chairman: Do you object to Mr. Dunlap?

M. Edney: We object.

Chairman: I’m sorry?

M. Edney: We do object, yes.

Chairman: Duly noted. Motion on the floor to make Mr. Dunlap a party. All those in favor of that motion, say aye.

Members: Aye.

Chairman: Opposed.

Members: NO RESPONSE.

Chairman: Thank you Mr. Dunlap. We will make you a party to the proceedings.

Chairman: Mrs. Dorothy Freeman. Mrs. Freeman has indicated specific reasons for being a party to the proceeding is the noise with a combination of the interstate, especially during the daylight hours, devaluation of the property and the noise during church services. Do you want to add anything to that Mrs. Freeman?

D. Freeman: Basically, and the cemetery, because we have a few funerals up there, and I feel that Naples is a small community, and we are still like we are, and it is just still rural, and the noise has a big problem with me over there.

Chairman: I believe you are within about a mile to this facility.

D. Freeman: About a mile with that, and I have been developing property for the last 30 years.

S. Baldwin: And you are representing who?

Chairman: Herself.

S. Baldwin: Herself.

L. Young: I make a motion that we accept her as being a party.

Chairman: That motion on the floor, Mr. Edney, do you object to that?

M. Edney: Please note our objections.

Chairman: Duly noted. Motion on the floor for Mrs. Freeman to be a party to the proceedings. All those in favor of that motion, say aye.

Members: Aye.

Chairman: O.K. Mrs. Freeman, you will be a party to the proceedings.

Chairman: Mr. Gerald Nash, President, Fletcher Academy, Incorporated. Mr. Nash, if you would come forward, please sir. Mr. Nash lists the reason for becoming a party is the local representative for the Layman Foundation, President of Fletcher Academy, CEO responsible for operation of organization in this jurisdiction, representing the properties within this jurisdiction. About how close is Fletcher Academy to this?

G. Nash: Well, the closest is less than a mile of the property.

Chairman: Less than a mile. Do you have anything else to add to that Mr. Nash.

G. Nash: Not at this time.

C. Messer: I move that Mr. Nash be a party.

Chairman: That motion is on the floor. Mr. Edney do you object to that.

M. Edney: I do object, and I would ask for clarification. Is it Mr. Nash or is it Fletcher Academy?

Chairman: It would be my understanding that it is Fletcher Academy that you are representing.

G. Nash: That is correct, and the Layman Foundation.

Chairman: And The Layman Foundation.

M. Edney: Can I ask for a basis for the Layman Foundation?

Chairman: I’m sorry.

M. Edney: Can I ask for his basis for including the Layman Foundation? Are they property owners?

Chairman: Is the Layman Foundation a part of the Fletcher Academy property ownership?

G. Nash: The Layman Foundation of North Carolina is a North Carolina non-profit organization that holds title to the property on which the improvements have been made and which Fletcher Academy operates.

Chairman: Did that answer your question?

M. Edney: It does, thank you.

Chairman: O.K. Motion on the floor. All those in favor of that motion, say aye.

Members: Aye.

Chairman: O.K. Mr. Nash we will make you a party to the proceedings.

Chairman: Mrs. Martha Sachs. Mrs. Sachs, would you come forward please. Mrs. Sachs has indicated her reasons for becoming a party to the proceedings – a member of the County Advisory Committee for Nursing Homes and Retirement Homes. She wishes to represent the residents of these facilities and their needs. Mrs. Sachs, do you have anything to add to that? There are about four homes in that area?

M. Sachs: There are about nine facilities within two miles of this property.

M. Edney: Can I ask, is she saying she is the self-anointed representative of everyone living in a nursing home?

M. Sachs: Well, our committee represents residents - we visit on behalf of the State Ombudsman, which we over-see the conditions on which they are living and try to help correct any problems that we see in all of the nursing homes, rest homes and assisted living facilities within Henderson County. There are more than 30 of them.

Chairman: Mrs. Beeker, do you have any comment on that - that is the County’s Advisory Committee of which Mrs. Sachs is a part of?

Atty Beeker: Did the committee authorize you to speak on their behalf?

M. Sachs: Well I spoke with the regional Ombudsman under whom we serve, and she would have been here tonight, except she had a previous commitment, and she said she was very glad I was going to come here to speak on this. That is about as high as you can get I guess in the region of being authorized.

Atty Beeker: But the Advisory Committee didn’t …

M. Sachs: The Advisory Committee has not had a meeting right now. This is not the time that we meet, and I think most of the people on the Advisory Committee probably don’t read the legal section of the paper and even realize this is going on. I think there will probably be people here from some of the owners of these facilities and the administrators, however, they represent the interest of ownership and I would be representing the interest of the residents and the two are not always the same.

Chairman: But you are indicating that you are here on behalf of the County’s Advisory Committee?

M. Sachs: Yes.

Chairman: But yet you have not had a move by the County Advisory Committee charging you to do this? Is that correct?

M. Sachs: Our last meeting was quite a while ago. We meet once a month, and this did not come up at that time.

Chairman: Mrs. Beeker, what would you recommend?

Atty Beeker: My recommendation would be to allow her to appear as a witness but not as a party, not as a full party, so that she can still address the Board. It is a little bit tenuous for her to really be a party, a full blown party.

Chairman: Is the criteria for a witness here from a legal perspective?

Atty Beeker: There is no criteria to be a witness.

B. Moyer: Why don’t we have staff call her as a witness since it is a county committee?

Atty Beeker: That will be fine.

B. Moyer: Have staff call her as a witness.

Atty Beeker: Would you be willing to do that, Karen. Would you call Mrs. Sachs as a witness so she can address the Board?

K. Smith: I suppose so, not related to my testimony, but yes.

S. Baldwin: Do we need to put that in the form of a motion to direct the Planning Director to call her as a witness?

M. Edney: I wish you would so I could object to it.

Atty Beeker: I think you need to vote to deny her participation as a party if that is the way you are leaning, and I think Karen has indicated that she will call her.

L. Young: I make a motion that we deny her as a party.

Chairman: O.K. Motion on the floor then is to deny Mrs. Sachs as a party to the proceeding, however, you may be called as a witness. All those in favor of that motion, say aye.

Members: Aye.

M. Edney: Could the record reflect that the Commissioners have directed staff to call her as a witness, if you so, in fact, have done so?

Chairman: It would be the pleasure of the Board to call her as a witness on our own.

M. Edney: Absolutely, you could do that.

Chairman: Let’s see, Karen Smith. I think we have already acknowledged that you are a party.

Atty Beeker: Mr. Chairman, if we could go back to Mr. Edney’s point about Mrs. Sachs, could you say a little bit about where you are going with that.

M. Edney: My understanding is that the Board is sitting in a quasi-judicial position, which presumes a independence and a …

Atty Beeker: That’s what I thought, so I don’t think they actually answered you on whether they were directing. My recommendation to the Board would be not to direct staff, but I think Mrs. Smith has already indicated she would be willing to call her as a witness.

Chairman: And there again, if not, I think the Board has prerogative of calling her.

M. Edney: I just want to make sure the record is clear that the Board is not directing how the proceedings - what witnesses are being called by the different parties so that you can maintain your independent role.

Atty Beeker: We don’t want him to be able to claim that your bias anyway, one way or the other.

M. Edney: Unless you’re bias in my favor and that’s O.K.

Chairman: We will clarify that the Board hadn’t directed that Mrs. Sachs be called as a witness by the staff.

M. Edney: O.K.

Chairman: Dave Sherlin. Mr. Sherlin will you come forward please. Mr. Sherlin is a property owner, I guess on 317 Brookside Camp Road, and about how far from the facility is that Mr. Sherlin?

D. Sherlin: It’s within half a mile of the facility.

Chairman: Is there anything else that you want to add?

D. Sherlin: As a property owner, I definitely want to be considered as a party to the proceeding as I can be adversely affected on my property value as well as quality of life issues, especially on the weekends. On Brookside Camp Road, we already have to endure about 100 dump trucks a day up and down the road, Monday through Friday, and the weekend, Saturdays and Sundays are about the only time where it is relatively quiet, and I would consider the noise to be a nuisance and adversely affect property values.

Chairman: Thank you. What is the pleasure of the Board for Mr. Sherlin?

L. Young: I make a motion we accept Mr. Sherlin as a party to the proceeding.

Chairman: There is a motion on the floor. Mr. Edney do you object?

M. Edney: Yes, please note our objection to this.

Chairman: O.K. Objection noted. Motion on the floor. All those in favor of that motion, say Aye.

Members: Aye.

Chairman: Mr. Sherlin, we will make you a party to the proceeding.

D. Sherlin: I do appreciate it.

Chairman: Mr. James Owen. Mr. Owen is at 386 Arrington Road. He owns property next to this property. Mr. Owen, do you want to add anything to your rationale for being made a party aside from being co-located or next to the property?

J. Owen: Yes. We use the same road, it’s Edgerton Road, and that as a concern also with the noise.

Chairman: What’s the Board’s pleasure on Mr. Owen?

C. Messer: I move Mr. Owen be a party to this proceeding.

M. Edney: Can I ask for clarification. Is he adjacent or just own property on the same road? Do property lines meet?

J. Owen: Yes.

M. Edney: O.K.

Chairman: He’s just close to…

M. Edney: If his property adjoins, I believe he has standing to be a party.

Chairman: You don’t object to him?

M. Edney: If his property adjoins our property, I do not object.

Chairman: O.K. Motion on the floor. All those in favor of that motion, say aye.

Members: Aye.

Chairman: Mr. Owen, you will be a party to the proceedings also.

Chairman: Mr. Bill Harper. Mr. Harper lives at 598 Lakeside Drive, and he indicates that he has children and grandchildren who ride off-road bikes. Do you have anything else to add to that?

B. Harper: Well that’s just about it. I’m in the business, but my primary reason for this is so my children and grandchildren will have a place to ride their motorcycles.

Chairman: What’s the Board’s pleasure on Mr. Harper?

B. Moyer: I move he be made a party.

Chairman: Mr. Edney?

M. Edney: For the sake of consistency, even though I think he will be in my favor, I will object to it.

Chairman: Alright, so Mr. Edney objects. Motion on the floor for Mr. Harper. All those in favor of that motion, say Aye.

Members: Aye.

Chairman: Opposed

S. Baldwin: Aye.

Chairman: O.K. Motion carries. Mr. Harper you will be made a party to the proceedings.

S. Baldwin: Am I correct in picking from up from what you just read that basically Mr. Harper said that the only reason he was involved in this is because he has children and grandchildren and they want to ride motorcycles?

Chairman: That and the additional testimony he gave that he had been a participant in the sport.

Chairman: O.K., Mrs. Corn, were there any other applications given to you?

Mrs. Corn: Yes Sir, I received one more.

Chairman: Mr. Frank Cox. Mr. Cox lives on Overhill Drive. Mr. Cox indicates that he is a resident within one mile. He is concerned about traffic, noise and property value decrease. Mr. Cox, do you want to add anything to your listings here?

F. Cox: When the time comes I would like to speak to the validity of making this change in current zoning. Thank you.

Chairman: Thank you. What’s the Board’s pleasure on Mr. Cox?

S. Baldwin: And where is his property located?

Chairman: Overhill Drive. It’s within a mile, residence within a mile.

L. Young: I make a motion we accept Mr. Cox as a party to these proceedings.

Chairman: O.K. That motion is on the floor. Mr. Edney do you object to that?

M. Edney: We do object to that.

Chairman: Objection noted. Motion on the floor. All those in favor of that motion, say aye.

Members: Aye.

Chairman: Mr. Cox, you will be a party to the proceedings also.

Chairman: And I would make a motion that the application to be a party be closed. All those in favor of that motion, say aye.

Members: Aye.

Chairman: Motion carries.

Chairman: All parties must submit a witness list to Mrs. Corn listing your major and minor witnesses. You will be limited to five major witnesses, with unlimited time to speak, and 20 minor witnesses who will be limited to three minutes each. The witnesses may not share their time with one another. If the party wishes to also be a witness, the party must be identified as one of the 25 witnesses. Have all the parties given your witness list to Mrs. Corn? If not, please do so at this time. I think that a lot of those have them attached to it Mrs. Corn, so if you just want to go ahead and look at it.

M. Edney: Mr. Chairman, if I may, can I ask anyone who wishes to speak on behalf of Mr. Bennett who has not signed our list, would you raise your hand at this time? Could we add those to our list at this time before we continue?

Chairman: If you would give those to Mrs. Corn.

M. Edney: If you would come down here and just get in a row so I can get your names please.

Chairman: While they are doing that, all the persons who testify this evening, whether parties or not, must sign a written affirmation, and Mrs. Smith, will you and your staff distribute the blank affirmations to the parties so that they may give them to their witnesses?

Chairman: If you are a party or a witness, if you would hold your hand up so that staff can give you an affirmation form. We’ve got several staff here and we’ll get those out to you. Those persons called to testify will be required to give their affirmation to Mrs. Corn before they give their testimony so when the Board calls you and you come forward, you will need to bring your affirmation form and give it to Mrs. Corn at that time.

BREAK IN HEARING – AFFIRMATION FORMS BEING GIVEN OUT.

Chairman: Has everyone that is going to testify received an affirmation form?

BREAK IN HEARING – AFFIRMATION FORMS BEING GIVEN OUT AND BEING FILLED OUT.

Chairman: Mr. Edney have you finished signing up all of your witnesses? Has everyone got an affirmation form that is going to testify? Let’s continue with the proceedings then. I’ll give you a brief overview of the procedure we will be using this evening.

M. Edney: If I may Mr. Chairman. Mr. Chairman, your rules provide that we can have five major and 20 minor witnesses. We have 31 minor and 5 major, and we would ask that the rules be modified to allow everyone who wishes to speak to speak.

Chairman: I don’t know that the Rules preclude anybody from speaking, I think it tries to control the time they’re going to be allowed to speak, Mr. Edney.

M. Edney: So I will be allowed to call all of my witnesses?

Chairman: You will be allowed to call your witnesses, but for the time specified in the rule, whether they are major or minor witnesses.

M. Edney: I thought the Rules specified we could only call 20 witnesses, and I wanted to make sure …

B. Moyer: Grady, I make a motion that we extend it to 31 so we can let everybody testify.

M. Edney: O.K.

B. Moyer: 26 and 5 right Mike?

M. Edney: I have got 31 and 5, so a total of 36.

Chairman:: 31 and 5. Parties are allowed to call a maximum of 25. You’ve got…

M. Edney: I’ve got 36.

Atty Beeker: He’s asking the Board to vote to amend the Rules so he can call 36.

S. Baldwin: This is just 6 more than what we allow anyway.

B. Moyer: I have made that motion, Grady.

Chairman: I understood it to be that each party could call 25.

Atty Beeker: There is a limit on parties..

Chairman: The total number of parties…

S. Baldwin: As a party, he is allowed 25, right?

Atty Beeker: That is correct.

S. Baldwin: I make a motion to amend it to give him 36.

Atty Beeker: 36…

Chairman: OK, you’ve got 36. I was looking at the Rules as each party could call 25. That’s the reason I didn’t understand your request. But I stand corrected. Motion on the floor to extend that to 36. All those in favor of that motion say aye.

Members: Aye.

Chairman: We will hear all of them.

M. Edney: Thank you Mr. Chairman and Board.

Chairman: Mr. Edney, have you got all your folks signed up?

M. Edney: I think so.

Chairman: O.K. We will proceed then. Let me give you a brief overview of the procedures that we will be using this evening. After we have a brief overview by the County Staff, the Board will ask the Petitioner and the Petitioner’s attorney what evidence the Petitioner wishes to present in support of the request. After the Petitioner is finished, anyone else who has expressed a desire to be a party and who the Board has recognized as a party will then be allowed to present their evidence and call their witnesses. After all the evidence and testimony has been received, each party will be given the opportunity to ask questions or cross-examine any other party or any witness testifying in the proceeding. Let me repeat that. The first part will be getting just your testimony and then there will be a second part for cross-examination for anyone that wants to do that. Board Members may ask questions of any person testifying at any time during the proceedings. After the evidence is presented, the Board will discuss the issues raised and will make a decision. The Board’s decision must be made in writing within 45 days of the close of the hearing. At this time let me ask if the Board is aware of any information which any of the Board Members have already received concerning this proceedings, including site visits or discussion with anyone. It must be revealed at the beginning of the proceedings. On behalf of the Board, I will state that we have all been given a copy of the application materials submitted by the applicant. If any of the Board members has received any other information concerning the issue to be considered in today’s proceeding, please state it at this time.

Board: Silence.

Chairman: Anyone have any information?

B. Moyer: Well I did receive several e-mails from people. I assume they were addressed to all Commissioners, so everybody got them. I’d be happy to give you…

C. Messer: Yes, I received e-mails also Mr. Chairman.

Chairman: I think Mrs. Corn collected some of those e-mails from the Board, did you not?

Atty Beeker: Mr. Chairman, for the record, there are a number of letters and correspondence regarding this issue that Mrs. Corn has, and I would suggest that these be added to it. Any of the parties are welcome during the proceeding to come and peruse the stack of correspondence that Mrs. Corn has. They are available for anybody who would like to read them. So would you like for me to just hand those to Mrs. Corn?

Member: Yeah and one indicates that they are not going to be able to be here and asked that the letter be taken into consideration, so if they are made part of the record, that will be fine.

Chairman: I received some e-mails also, however, I did not open mine. I left them in the unopened, which are probably some of the ones that you received. I just never did have time to open them. O.K.is there any member of the Board who feels they cannot be an unbiased decision maker in these proceedings?

Board: No response.

Chairman: O.K. Then we will begin our proceedings. We will start with the evidence and will ask for a staff overview by Mrs. Smith.

K. Smith: Thank you Mr. Chairman. I did want to mention that we had packets printed mainly to give parties, but since we did not know how many parties to expect this evening, we do have some additional information packets available. My staff can kind of circulate. I don’t know if we have enough for the whole room, but if people can just quietly raise their hands, we will try to get those out and about. The packet that I am referring to is a packet, which hopefully you have in front of you at this point. I’m sorry, Mrs. Beeker has them.

Mrs. Beeker passing them to Board.

Chairman: Mrs. Smith, we will take about 30 seconds to read through this.

K. Smith: I would have loved to give it to you ahead of time, believe me. I’ll be reviewing this in detail, so…

Chairman: You had some for each of the petitioners?

K. Smith: The parties have already received those with their oath packets.

Chairman: O.K.

K. Smith: If a party hasn’t received it, they probably need to let us know, but I think we hit all of those with the oath group.

Chairman: Mr. Edney, do you have a copy of this?

M. Edney: I just got one.

K. Smith: O.K. to start though, I’m just going to do some background information and then I’ll be going back to this packet later during my staff evidence, O.K.?

Chairman: O.K.

K. Smith: Alright, as Chairman Hawkins noted, tonight’s hearing was scheduled to consider Special Use Permit Application SU-03-01, as amended, for a proposed motor cross facility and a related Variance Application BOCV-03-01, as amended. On December 10, 2003, Mr. J. Michael Edney, who I refer to as the “applicant”, on behalf of Mr. George Andrew Bennett, submitted to the Henderson County Planning Department application materials for a Special Use Permit SU-03-01 and related materials to operate a motor cross racing facility in a county I-2, general industrial zoning district. Henderson County Zoning Ordinance allows motor sports facilities in the I-2 district as a special use and provides specific site standards for motor sports facilities as well as general site standards that apply to Special Use Permits in general. If you want to look at Attachment 5, that’s a vicinity map that shows you the relationship of the subject parcel to the area around it. Somebody had asked a question earlier about I believe Mr. Owens’ property, and you will see on there – you have to go a little ways into the packet to see that vicinity map, but it shows you the location off of North Edgerton Road with Mud Creek to the northeast, O.K.? As Chairman Hawkins said, the motor sports facility is proposed for a tract of land at 198 North Edgerton Road in the Mountain Home Industrial Park, and I will refer to that as the “subject property”. It has a Parcel Identification Number of 00966009890255. According to the application materials, the subject property contains 15.36 acres, however, you will probably hear this in a little while, according to the Henderson County Geographic Information System, or GIS, the subject property contains approximately 18.13 acres, and I believe the applicant’s engineer was going to confirm the actual size of the property. Site plan depicting the proposed motor cross facility was submitted on December 3, and that’s Attachment 2 in your packet. In addition to the application materials that we received for the Special Use Permit, Mr. Edney also submitted an Application BOCV-03-01 and associated materials regarding a variance, or several variances related to this Special Use Permit. On January 15, 2004, Mr. Edney submitted an Addendum to the Variance Application, which clarified the extent to which the Applicant was requesting variances. On February 2, 2004, Mr. Edney submitted to the Planning Department a letter along with a revised site plan, and that site plan has a revision date of January 29, 2004, and that letter provided additional information that responded to some issues staff had raised in relation to its review of the application materials. Based on the Application for the Special Use Permit and the Variance and all the materials that came with it, as well as some statements made by the Applicant to the Henderson County Planning Board on February 3, 2004, (we have those Minutes enclosed), the Applicant wants to do a motor cross facility that will consist of basically two tracks – a main track which is 3,250 feet long and a beginner track that’s 930 feet long. The revised site plan shows a gravel patron area, a parking area, a gravel drive, a registration pavilion, a concession stand, portable toilets and a hand-wash station. The application materials indicate that water and sewage disposal service will be private. According to the City of Hendersonville Water and Sewer Department, public water is available on North Edgerton Road and the closest public sewer, which is a forced main, is also on North Edgerton Road, according to the Hendersonville County Utilities Department and that roads within the subject property will be private. The application materials, as revised, also indicate that the Applicant is requesting that the Board of Commissioners grant variances from two of the site specific standards for motor sports facilities in an I-2 district as follows: The first is a 400-foot variance from a 500-foot set back from the property lines all around the property. The second variance request is a 1-2/3 miles variance from a minimum two-mile separation from health care facilities. From this point forward and as staff gets into its evidence, we will be referring to the application materials as amended, particularly that revised site plan in Attachment 4-B. I did want to note for the Board a couple of procedural items. You are the approval authority, as you well know, for Special Use Permits under the Henderson County Zoning Ordinance. The Zoning Ordinance requires that you refer Special Use Permit applications to the Henderson County Planning Board for review and recommendations. You did make such a referral at your December 17, 2003, meeting to the Planning Board. The Planning Board’s recommendations will be reviewed later during my testimony. Under Sections 200-56(d) and 200-78 to the Zoning Ordinance, the Board has to make Findings of Fact regarding compliance of Special Use Permits with the provisions of the Zoning Ordinance. Section 200-56(d) lists the general site standards that are applicable to all special uses, and as I mentioned earlier, there are specific site standards that apply to motor sports facilities in an I-2 district. Under the Zoning Ordinance, the Applicant, in terms of the general requirements for a Special Use Permit, does not bear the burden of demonstrating that all the general standards have been met. The Board of Commissioners has to make findings to demonstrate that the proposed use complies with the Ordinance, and in addition to those general standards, there are some items such as ingress and egress, parking and loading, utilities, buffering, play grounds, open spaces, access ways and building and structure location, size and use that the Board will have to consider. According to Section 200-70 A-7 of the Zoning Ordinance, you have the authority to grant variances that are related to Special Use Permits. You can do that so long as the spirit of the Zoning Ordinance is observed, public safety and welfare secured and substantial justice is done. The Board of Commissioners may issue variances only on the basis of affirmative Findings of Fact for several criteria, and just really for the sake of those here, I’ll go over those briefly. First, if there are practical difficulties or unnecessary hardships in carrying out the strict letter of the Ordinance as demonstrated by the following: The applicant complies with the literal terms of the Ordinance, she or he cannot secure reasonable return from or make reasonable use of his property, the hardship of which the Applicant complains results from unique circumstances related to the Applicant’s land and the hardship is not the result of the Applicant’s own actions. The Board must also find that the variance is in harmony with the general purpose and intent of the Ordinance and preserves its spirit, and finally, you must find that the variance will secure the public safety and welfare and will do substantial justice. For the record, and in case I don’t say this later, I do want to enter my packet as evidence for the record. Tonight’s public hearing on this Special Use Permit as amended and the Variance Application materials, as amended, has been advertised in accordance with the Henderson County Zoning Ordinance and the Board of Commissioners’ Rules and Procedure for Quasi-Judicial Proceedings. Notices went out from the Planning Department. On March 13, we sent notices via certified mail, to the owners of property abutting the subject property and to the owners and operators of health care facilities identified by staff as being within a two-mile radius of the subject property. On March 15, 2004, the Planning Department sent notices to the Applicant and to the subject property owner, Mr. Bennett, also via certified mail. On March 24^th, the Planning Department mailed one additional notice, that was to a health care facility that we identified after the original mailing had gone out. We published notices of the Public Hearing as legal ads in the Hendersonville Times-News on March 16^th, March 23^rd and March 25^th, and then we also published a display advertisement in the Times-News on March 30, 2004. I think that will wrap up my introductory comments, and I’ll cover the rest of the information in the Staff’s testimony but I would be happy to answer any questions if there are any at this point.

Chairman: Any questions at this point for Mrs. Smith?

NO RESPONSE.

Chairman: Thank you Mrs. Smith. We will now take the Petitioner’s evidence. Mr. Edney, if you will proceed please.

M. Edney: If I could make just a few opening remarks. One thing that concerns me that I bring up at this point is my understanding of the law and the requirements are that any decision this Board makes has to be based on sworn testimony and evidence presented to the Board during the hearing. I would note that the packets that you folks have in front of you that was passed out includes what I would call as “hearsay” information, letters, e-mail, what-not, from other persons that is not under oath. I would ask the Board specifically not to base any decision you make on anything that is ‘hearsay’. If it is not here before you tonight, and subject to cross-examination, I would ask you not to consider it. That being said and I’m sure Mrs. Beeker will address that as needed. This property – or do you want to address that now?

Chairman: I think we ought to address it now, because I think it is the prerogative of the Board as to what evidence they take and I don’t know that that strictly follows the type evidence that you are used to in a Court of Law. However, I think we have been trying to at least be consistent with those procedures, and Mrs. Beeker, I would ask for your comment on that.

Atty Beeker: There is a difference between admitting it into evidence and basing your decision on it. Mr. Edney is correct that the evidence you base your decision on needs to be what is called ‘competent and material’ and you may not base your decision on unsworn testimony. That’s correct. So the letters – you can admit them into evidence, but just realize that “hearsay” is something that is offered to prove the truth of the matter asserted. Is that correct?

M. Edney: Un-hum.

Atty Beeker: And to the extent that they are offered to prove what is said in them, you can’t consider them as a basis for your decision, but you can admit them into evidence.

Chairman: O.K. We will follow that.

B. Moyer: I think official proceedings is where like the Planning Board, they certainly should be admitted as …

Atty Beeker: They are admissible as evidence. The Minutes reflect what occurred at the Planning Board Meeting, however, in order to base your decision on it, it needs to be substantiated by something that is brought out at the hearing this evening. So, Mrs. Smith will be presenting information about whether the standards of the Ordinance have been met, evidence specific to the Application, that kind of thing. So, to a large degree I would expect that a lot of what is in those minutes is going to be actually testified to by Mrs. Smith this evening. If there is information that you become aware of that is not substantiated, the Board always has a right to continue the proceeding and call in whomever you would like to substantiate or testify as to any matter that might be in that packet that is actually addressed this evening. Does that answer your question?

B. Moyer: Well, the vote is the issue.

Atty Beeker: The vote?

B. Moyer: Yeah. It’s a matter of public record.

Atty Beeker: I think Karen can testify as to what the vote was. That is not hearsay if she testifies to tell you what the vote was.

Chairman: Does that adequately address your questions?

M. Edney: It does, thank you very much. If I may Mr. Chairman and Members of the Board, our evidence is going to show that Mr. Bennett purchased his property in 2001. This property is the remaining out-parcel of a industrial development created in 1965. Mr. Bennett is using this property, basically the only way it can be used and still be economically viable. So we are asking you to listen to all the evidence, take it into consideration appropriately, but use your reasoning and use your common sense. We are talking about I-2 property that has been I-2 property for 35 years, so anyone suggesting that it is a “Johnny come lately” thing or possibility, is off base, because you know your Zoning Ordinance. You know what can go into I-2 without even coming before you. This is far less of a nuisance than an amusement park or other things that could come in as a matter of right. So as you listen to the evidence, don’t make this a retiree versus young person or kids versus old person issue. It’s not. It’s a common sense sort of deal. We are trying to use some swamp land in an industrial park in a productive way. He has been doing it for 1-1/2 to 2 years prior to anyone ever complaining about it, so when these people come in and start talking about noise, consider the fact that for two years, until it made the newspaper, they didn’t know it existed, or at least it didn’t exist enough for them to come in and be bothered by it. So those are the type things you need to consider when you are listening to the evidence. It is not a matter of number of votes or politics or anything else. It’s common sense, and if you use your reasoning and common sense, I think you will do the right thing. And I would call my first witness, Mr. Andy Bennett.

Chairman: Mr. Bennett.

Witness Bennett: O.K. Before we bought the place, if you would have been out there, we probably spent $50,000 clean up out there easy. I mean, there were junk cars. It was garbage. The place was an illegal dump, basically is what it was. When we got out there, it was swamp. We had to clean it up. We probably spent $21,000 the first week just trying to clean it up – move stumps, move appliances, refrigerators, cars. We moved over 50 cars, you know, before we would even begin to build a track. I mean and it was a process. It took over a year. When we started, we built a track on half the property and cleaned up – we cleaned it up half at a time, and it took almost a year to get it cleaned up. I mean that’s how bad it was. The piece of property, I mean, it’s hard to find a place to build a motor cross track. You have to have certain things. I mean, privacy is one thing. This place is in an industrial park. I’m not sure, but I think there is – I don’t think there is a noise ordinance inside an industrial park. Now I may be wrong, but I don’t think the noise ordinance applies in an industrial park. But even if it did, I mean you have I-26 on one side and Highway 25 on the other side, that’s soon to be a five lane. You got a set of railroad tracks. You’ve got industry all around. And the place, those pictures were taken in the winter, the ones that you have in there but if you see the place in the summer time, it’s completely buffered. You can’t see inside that park from the road until you get down to the gate. I mean – it’s complete surrounded, except for one side, and that’s the Duke Power side, and I think Mr. Owens may own property on that one side, but you know, we’d plan to plant trees down through there. You know. That’s in their plan, but I mean that it is just an ideal place for a park. You know you’ve got three major dealerships in Henderson County. There’s a lot of people that ride dirt bikes. You’d be surprised at the amount of riders we have just in this county and they got no where to ride these things, and there’s going to be a track in Henderson County sooner or later, and it’s probably going to be in a worse place than this, and honestly, if you put this place on top of a mountain in Flat Rock, and there wasn’t any people within five miles, you would still have people coming out to complain. I mean – and you guys know it. You sit up here. Everything that comes before you, you’re going to have people that come out to complain, and I sympathize with these people, and we’ve tried to do everything we can. I mean if you look at our site plan, like I say, we’re there a year and a half, and we’ve never had more than 100 riders and we’ve had a couple of races. We’ve never had more than a 100 at a time, and we always separate the track We never ride more than – well actually we’re riding probably 30 or 40 bikes a one time. You know we separate the kids and the adults and we had a little beginner track, so at times there were probably 30 or 40 bikes on the track on a good day. And it probably was loud, but by the time it filters through the trees and through the railroad tracks and Highway 25, it’s really not that loud, and if you go in your house, it’s not damaging your hearing or anything like that. I’ve heard a lot of things but that’s just not the case. There are times when I’ve left the park to go pick up something or I work six days a week. I work on a bread route, so I work Saturday. I’d have somebody open the park for me on Saturday morning and sometimes it would be 1:00 or 2:00 before I could get there. I’d get down North Edgerton Road. I’d have to turn down the drive before I actually knew if the park got open that day or not. I mean, there are times that you just couldn’t – I mean you couldn’t hear in the summer time when the trees are in bloom. You can’t hear that track from Edgerton Road. You know – the things we did in our site plan – I don’t know how this became a minor or major motor sports facility, because that’s not what it is at all. I mean, we’ve reduced our track size. I mean, we agreed to have no more than 15 bikes on the track at a time – to run motos. We’ve moved the track back away from the property lines. We’ve done everything we can to try to be a good neighbor. I mean, we’re really not, we don’t want to cause trouble. Like I say, I sympathize with people in the neighborhood, but you know they’ve got I-26 there, and that has got to be louder, and to some of these people, that has got to be louder than my track is. I mean, they’re closer to I-26, and I’m not a noise expert, so this probably wouldn’t matter to you, but I’ve taken readings with a decibel meter and stuff like that, and I’m telling you, a hundred feet from my property line, those dirt bikes are no louder than this room right now. I’m sorry did you…?

Atty Beeker: Mr. Bennett, did you give your affirmation or oath to Mrs. Corn?

Witness Bennett: Un-hum. Yes Mam’.

Atty Beeker: It’s green?

M. Edney: He signed the wrong one, so I marked it out and put the right one.

Atty Beeker: O.K.

Witness Bennett: Is that O.K.?

Atty Beeker: I was just making sure.

Chairman: Does the Board have any – I’m sorry – were you…

Witness Bennett: No go ahead, if you have any questions, I’d…

C. Messer: What time do you open the track up on Saturday and Sunday?

Witness Bennett: We’re opening at 10:00 on Saturday ‘til probably just before dark, maybe 30 minutes before dusk, and we’re open at 12:30 on Sunday ‘til about 6:30, and some days, you know if it was – like I say, if it got crowded, it’s a good size track, but you can’t ride big bikes with small bikes, and sometimes, you know, if there’s 10-15 people there, you know, and it’s a slow day, and they’re racing somewhere like South Carolina or something, and you know everybody has gone to a race, and it’s a slow day, they can ride all day, but when you get in there and you have to run motos, and if you have to break it down into three different motos, where you only get to ride 15-20 minutes an hour, then sometimes, we would stay open a little bit longer on Sunday. You know, just so everybody would get enough time to ride.

Chairman: Mr. Bennett, do you run victory sports events there?

Witness Bennett: No Sir.

Chairman: Do you run any AMA events?

Witness Bennett: No.

Chairman: In your application you indicated that you were complying with relevant AMA Rules. What are those?

Witness Bennett: Those are just basic rules that any race – if we did have a few races, and we used – those are just basic rules for a motor cross race. I mean, we don’t make up our own rules. We use the same rules that all the other tracks use when they have a race.

Chairman: What cc size motor bikes do you race there?

Witness Bennett: From 50 cc to 250.

Chairman: 50 to 250?

Witness Bennett: Yes. But there are - this is something if you don’t know about motor bikes. There are 450 cc’s but they are a 4-stroke cycle, and the displacement on a 4-stroke, it doubles, so a 450 would be the equivalent of a 250 and a 250 4-stroke would be the equivalent of a 125 2-stroke.

Chairman: Is the cc pertinent to the AMA Rules or is that, I think the AMA…

Witness Bennett: Yes, they are classes. You can only race like – the Rules have – what you can race in each class.

L. Young: You say that this is not a race track. It is a motor cross course, is what it is?

Witness Bennett: Practice track.

L. Young: Do you plan on having competition events there?

Witness Bennett: We had a couple, but they were local events. I mean – they weren’t big AMA sanctioned events. They were local events and what we were doing is – there was a track down in Rivers Edge that ran a motor cross series and what we are doing, we were going to run, I think it was a 10 race series, and we were going to let him run 4 races at our track, just for, you know, just for a change, to mix it up a little bit, to make it more fun.

S. Baldwin: You made a statement, you said at one time there were at any given point in time there were 30 to 40 riders at one time?

Witness Bennett: Right.

S. Baldwin: And you said it was pretty loud then?

Witness Bennett: Yeah, I’m not going to lie, it is loud, but it is no louder than a truck on I-26 hitting a jake-brake pulling into the weigh station.

S. Baldwin: At a given race, how many riders would you say would be out there, at a given time, maximum number?

Witness Bennett: 15.

S. Baldwin: 15?

Witness Bennett: Yes. In a race event. We have a starting gate. My starting gates will only hold 15 bikes.

Chairman: Does anybody else have any questions for Mr. Bennett?

S. Baldwin: What was the reason these 30 or 40 were out there if it wasn’t a race? Were they on two separate tracks at one time? Is that what you are saying?

Witness Bennett: Yeah, like you might have 10 little 50’s riding on the kid track and then you might have 20-25 bikes riding on the big track. And on a busy day, when you get a lot of the really good riders, some more of the advanced riders, it’s o.k. to put out more than 20 or 25 bikes on the track. The reason we were separating it was for safety. I mean, it’s an organized, I mean, it’s a very well organized track. I mean, we do.

S. Baldwin: So if you’ve got two tracks in the proposal, what’s the maximum number you could see on the large track?

Witness Bennett: 15 on the large track.

S. Baldwin: 15 and the small track – how many?

Witness Bennett: On the 50’s, an unlimited amount.

S. Baldwin: Unlimited amount?

Witness Bennett: Yeah. A 50 – you can’t – I mean if you started a 50 in the back of the room, you wouldn’t hear it up here. You could have 10-15 50-cc motorcycles and they would not make the noise of one 85-cc motorcycle.

S. Baldwin: So am I understanding you correctly that you are saying that you would have no more than 15 large bikes running at one time?

Witness Bennett: Right. That’s, I mean yeah, when we submitted the plan – you know we’ve really tried to accommodate – I wasn’t aware that there was a problem with noise for over a year and a half, and then when we applied for the permit, and we got all the complaints, we really do want to be a good neighbor. I mean, I don’t want to bother anybody, you know, change their lifestyle or make it so they couldn’t barbeque in their backyard, and there were times when it probably was pretty loud. I mean, we probably did have, you know, like I said, there may have been 30 or 40 bikes on the big track at one time and big bikes. You know, but we never had complaints. You know, but when we did start getting the complaints and we realized that, you know, it may be a problem, that’s when we submitted our plan, we agreed to reduce the track size, pull it away from the property lines, you know, as far as we could basically, and still have a good size, nice track. The bigger the track, the safer the track. I mean, you need room. It needs width and it needs room. And you know instead of running – when we would run our motos – instead of, you know, two or three motos an hour, you know, if we had to, we would run four, you know, and separate if so there would only be 15 bikes on the track at one time, like instead of running 125’s and 250’s together, we would run just 250’s for 15 minutes, 125 for 15 minutes, 85’s for 15 minutes and 65’s and below for 15 minutes, because we do stop 20 minutes every hour and pull the big bikes off the track, and give the, you know, the little kids an opportunity to go ride the big track, because, I mean, the beginner track is fine, but that’s exactly what it is, a beginner track. And the kids, after two hours of riding, a 3 year old kid could go ride my big track. It’s that safe.

L. Young: Do you have any rules in place that says that they have to have noise suppression devices such as mufflers on their bike, or do you allow them to run them without noise suppressors?

Witness Bennett: Well, see that – nobody would come out there and run a bike without a muffler or a silencer on their bike, because that would destroy the bike. It would ruin your engine on your bike, and the silencer, believe it or not, is for performance. Actually, there are people that upgrade their silencers to get better performance out of their bike. If you took the packing or you tampered with your muffler, it would hurt the performance of your motorcycle.

Chairman: Mr. Bennett, do you have - how do you do crowd control at your track?

Witness Bennett: Well it’s actually never been a problem, but when you come in the gate, you come through the gate, we meet you at the gate. You sign a waiver and we tell you where to park. We actually – if it’s not that crowded – most people that come are pretty much regulars and they’ve got the places that they always park, but we actually park them. Our track is fenced. There is a fence to keep you 30 feet from the track. I mean, unless you are actually on the bike and getting on the track, you can’t get within 30 feet of the track. It’s fenced all the way around.

Chairman: How would you know when you have 300 people there?

Witness Bennett: You would count them. Everybody that comes in the park signs the waiver.

Chairman: Are those just the people that ride?

Witness Bennett: That’s everybody that comes in the park. If Mom and Dad bring little Joey to the park, Mom and Dad and Joey sign the waiver. Everybody in the car signs the waiver.

Chairman: So when you hit 300 there, you turn them away, if you get that many?

Witness Bennett: Yeah, but see, there again, see you don’t understand this. Motor cross is a really tough sport. I mean, it’s a work out. If you come to that park for two hours, you’re ready to go home. If you come and ride your dirt bike for two hours, you’re ready to turn around and go home. I don’t see there ever being more than 300 people there – the way they go in and out. When it opens at 10:00, you have people come in from 10:00 to 12:00 or 1:00 and then they’re gone, and then you’ve got another crowd coming in a 1:00, you know, 1:00 to 3:00. I mean, you do have some that stay all day. The younger kids can stay and do it all day, but honestly I can’t make five laps.

Chairman: Well, I wasn’t talking about actual participators, I was talking more about the spectators. They probably wouldn’t get tired after five laps. They may be there to watch the event.

Witness Bennett: No, but actually we don’t have, most of the spectators are coming with – most of the spectators are parents or grandparents, but you know you could keep track of who comes in the park. There’s only, I mean there’s more than one way in or out, but we keep them locked, and everybody that comes in the park comes through one gate, and they have to sign into the park. I mean, you know, that’s just kind of a common sense thing. You could get snake bit or anything out there. I mean that’s the purpose of the waiver.

S. Baldwin: Let’s talk about the business side of the venture. How does that work for you. Are you constructing the park and just letting the public ride for free, or how is it?

Witness Bennett: No. It’s $10.00 a bike. If you come in – or $10.00 per rider.

S. Baldwin: $10.00 a rider? That’s all day? Is that for two hours?

Witness Bennett: That’s all day. But like I say, most of the time, two hours is enough. If you get out and ride and ride hard, two hours is plenty, especially in the heat. If you look how you’re padded up when you ride a dirt bike, I mean, chest protectors, helmets. I mean, it’s hot. It’s hard work. I mean, you know, for a teenager and an adult, two hours is plenty, but like I say, I’ve seen little kids come out there and ride from 10:00 till they run out of gas and then go get more gas and ride till dark. I mean little kids can do it, but most people can’t. That’s – but it is a tough work out. Two hours is quite a bit of riding.

C. Messer: How about emergency vehicles? Do you have any emergency vehicles there or any personnel, medical staff or anyone there in case someone does get hurt?

Witness Bennett: We’ve usually got a paramedic there, and I’m a first responder, but we’ve got 4-wheelers to get people off the track, you know, if they get hurt. We’ve got a 4-wheel drive pick-up truck. We’ve got lanes between all our tracks so you can actually drive anywhere on the track. I mean, if somebody has a wreck you know, and say they break their ankle or something like that, we can go down and get them and bring them back, and Mountain Home Fire Department is less than half a mile. I mean, we’ve had to call an ambulance and it’s never taken them more than five minutes to get there. Mountain Home can be there in less than a minute. They’re pretty good at getting there. But we do have emergency vehicles. We’ve got fire trucks. Have two fire trucks, but we basically use those for watering. I guess it could be considered an emergency vehicle.

Chairman: Are the fire trucks you use, are they up to the code that’s listed in the ordinance for fire vehicles for fire protection or are they just there for water?

Witness Bennett: They are there for water, but the one – one of the fire trucks was an in-service truck. It was in service when I bought it.

Chairman: Is it still up to the fire code for fire trucks?

Witness Bennett: You know the hoses haven’t been tested, and stuff like that, but I mean everything works. I mean it works. It’s a good truck, and I mean, it’s usually full of water. If there was a fire, we could put it out.

Chairman: Are you likely to have fire with these?

Witness Bennett: No, but that’s came up several times in this process. I mean that was a big issue. There were a lot of things that came up that…

Chairman: Are there any questions for Mr. Bennett at this time from the Board?

Board: No response.

Chairman: O.K. Thank you Mr. Bennett. We may talk with you again later.

Witness Bennett: O.K. That’s another thing. That’s another point that I wanted to bring up, and thank you for reminding me. I’m nervous up here. I’m not a public speaker, but this is another issue that may or may not be relevant in your decision, but there are a lot of times when this track cannot be open. Like, take this weekend for example, if we were up and running now, it’s rained so much this week, it’s going to be a nice weekend, but the track will be closed. This place is prone to flooding. That whole area down there. I mean I’ve seen Bridge Camp Road and the golfing range down there, you know, flooded. I mean, there are times – the first year we were there, we operated – it started raining in September and didn’t stop until… We were closed from September until I think the first weekend we were open was in February. We got open one day in February, and then we were closed again. And like I say, a good hard rain – on the weather channel if it says you’re going to get a quarter-inch, half-inch of rain, the place is going to be completely under water, and it’s going to take it a couple of days to go. I mean it’s good drainage down there. I mean, there’s good drainage system and we’ve got silt ponds and everything else, but it still takes – by the time you filter everything that comes into that property from the river and then you have to filter it back by, you know, for anyway – we have to have silt ponds and rock dams that this water has to go through, and it takes it a while to drain. I mean, you get a half of inch of rain and you would be closed for two weeks. Our hours of operation – there are some times when we run on Saturday and we can’t run on Sunday. I mean – pretty much, we are basically closed more than half the year. There have been years, I mean – year before last was probably the wettest winter that I can remember, and we were closed more that year than we were open, and this has been a pretty good year, but there has still been – we probably wouldn’t on a year like we had last year and up to now, we probably wouldn’t be open two-thirds of the year. I mean, it’s not like we are going to be down there running every weekend and every day and racing every weekend and racing every day. I don’t even care if we have a race. We just want a place to ride. We need a place to practice, and like I say, there’s going to be a track. Sooner or later, it’s going to happen. Dirt bikes are affordable now. I mean, the average family can go out and get a dirt bike. It’s actually a pretty good investment. You think it’s expensive, but when you look at what you get. I mean, the initial investment can be expensive, but you can ride all day for $10.00. You can come for a whole weekend. You can bring your whole family and ride all weekend for $20.00, and that’s exactly what it is. It’s a family sport. If you’re a 16-17 year old kid and you come out – you cannot come in that park without your Mom or your Dad. I mean, it’s something that – when my kids are 16 and 17 years old, I am going to know where they are because they love those bikes and they’re going to be hanging out with me, and they can’t go ride those things without me. Unless you are 18 years old, you can’t get out there without your parents, and you can’t be brought by your neighbor, your uncle or somebody else. It has to be your parent that brings you in there, and they have to stay with you the whole time that you are there. I mean, they can’t drop you off and leave. We’re not a babysitting service and we’re not responsible for teenagers. I mean if you bring your teenage son there, it’s not like a skate park. You don’t drop him off and pick him up when they close. I mean, you have to be there.

Chairman: Could you explain a little bit about the sprinkler system that you indicated in your application that you have?

Witness Bennett: Yeah. Dust is going to be another issue that’s going to come up and we control our dust. We go out – there have been times when it’s been dusty. I mean we’ve had problems with the sprinkler system going down, and something not work, but we’ve got a sprinkler system that covers the entire track, and we can saturate that. What you do is turn on the night before you leave. You saturate the track and the next morning you come in and the track is not dusty. I mean you can ride on the track for several hours. If it does get wet, turn the sprinkler system back on, and they can ride while the sprinklers are going. I mean you can keep the dust under control and if you do have a problem with the sprinkler system in a certain area, you got to pump down or something, you can go water it with the fire truck.

Chairman: Does anybody else have any questions for Mr. Bennett?

Board: No response.

Chairman: Mr. Edney, do you have anything you want to add before your next witness?

M. Edney: Just a couple more. If I may, I want to clarify - right now the park is not open. Is that correct?

Witness Bennett: No. It hasn’t been open since – I can’t remember – several months.

Bob ?: November 16^th.

Witness Bennett: Thank you Bob.

M. Edney: Are alcoholic beverages allowed on the property?

Witness Bennett: None. No alcohol. No drugs. I mean, if we see it, we will tell you to get rid of it. We’ll tell you one time. If we see it again, then you’re out of there and you can’t come back. This is a family oriented park. I mean, and you’d be surprised. I wish one of you guys had been able to come out – somebody from the Board would have been able to come out and see it operate. Karen Smith has video. But I mean if you could see this. I mean, it’s a unique sport. I mean, you got Dad’s helping kids. I mean, it’s just unreal. I mean, a dirt bike will tear up and you will have four Dads over there fixing this dirt bike. I mean, you’ll break a clutch handle. You’ll have four or five fathers digging around in their truck finding a clutch handle to get this kid going. You’ve got guys that change tires and change tubes. I mean, kids they don’t even know. It’s a really good sport. I mean, it’s a shame you guys never got to see it in operation. Then we wouldn’t be here today. I mean, it wouldn’t have come to this.

S. Baldwin: Did you say that your hours of operation were limited to the weekend?

Witness Bennett: We were opening through the week, but like I say, I’m a bread man, and I work, that’s a pretty tough job, and I just can’t run it through the week anymore. I mean, we would like to be open a weekday or two, because there’s a lot – the reason we were opening on the weekdays is because there’s a lot of kids, especially beginners. They don’t like to come out on the weekends. They’re not comfortable. It’s kind of intimidating when you come out and you got a lot of kids. It doesn’t take long for a kid to pick it up, but they do need some time. You know, some slow time in the park when it’s not so intimidating.

M. Edney: But, you’ll never be open past dark. Is that right? Is the park lit?

Witness Bennett: Yeah. We don’t have lights and you can’t see. And we usually pull them off the track, I mean before dusk. Long before dusk because it is dangerous to ride after dark.

M. Edney: And one final question if I may Mr. Chairman? When we started putting this together, you got letters from different people saying they had no problem with it?

Witness Bennett: Yeah.

M. Edney: Since then, these people have been approached by someone in the community saying that what you are putting together now is much bigger and you are expanding what you were doing before.

Witness Bennett: Exactly.

M. Edney: Is that true or not?

Witness Bennett: That’s not true. I mean, we have actually reduced what we were doing before. Reduced it quite a bit. And like I say, we are trying to be a good neighbor. I really – you know and I feel for these people, you know. But somebody put it in my back yard you know and I wouldn’t care. As a matter of fact, I’ve got one in my back yard, but I’d rather be riding on the one in Mountain Home, but it’s really not.

S. Baldwin: So, just one more time if I may. Tell me how you have actually reduced the intensity of the operation.

Witness Bennett: O.K.

Member: Number of bikes that you are permitting out there on the track. What else have you done?

Witness Bennett: To begin with, we’re pulling the track back 100 feet from where it is. We’re actually close to the property line. We’re actually right on the property line, and you know, well 30 feet from it. Instead of a 30-foot buffer, we’re pulling it back 100 feet, bringing it from all sides. You know, there are two sides of the park where it is actually right on the property line, and we’re bringing that in 100 feet on those two sides. And instead of having when the 250’s ride, instead of having 25 or 30 bikes riding out there at one time, we’re reducing it to 15 at a time – a maximum of 15 bikes on the track at one time.

Member: From the 125 to the 250?

Witness Bennett: Right. And the 85s. You know, if we have to make an extra class, then that’s what – it we have to break it down to an extra moto every hour, then that’s what we’ll do to keep 15 bikes on the track.

Chairman: Let me follow up on that if I might because in your application, you’ve indicated the max. patrons 250 and then I think on your additional, you indicated it at 300, and so you are telling me that application at 300, that you are drawing down from a higher number than what you had?

Witness Bennett: Well, actually they wanted us to do 1000, up to a 1000.

Chairman: Who’s they?

Witness Bennett: The Ordinance. The way the Ordinance reads, is up to a 1000 for a minor motor sports facility.

M. Edney: Our first plan stated up to 500 people on the property and the Ordinance is developed so that you have so many parking spaces for so many people, and we were just trying to play with numbers to meet within the Ordinance. Like Mr. Bennett says, there will never be more than 300, probably be less than 100 most of the time. But we would ask the permit to go up to 300.

Chairman: Also, in your calculation, you indicated that you wouldn’t have more than 25 vehicles there, but that would be what, about 10 people per car? Is everybody coming in an SUV?

M. Edney: Well, we got pick-up trucks.

Chairman: 8 people in a pick-up truck? O.K.

Witness Bennett: I don’t understand that one.

Chairman: In your permit you indicated that when we were over talking about traffic, you indicated that on a given weekend, no more than 25 vehicles. That was on your permit, and then I’m looking at the number of patrons, which has went from 250, which would have been 10 in a vehicle, to 300, which would be a little more than 10 people in a vehicle unless you - the numbers didn’t match – unless you have a lot of people in one vehicle is all I am saying.

Witness Bennett: Uh-huh.

Chairman: Any other questions for Mr. Bennett?

NO RESPONSE.

Chairman: Mr. Edney (thank you Mr. Bennett) – do you have some, your next witness?

P. Patterson: My name is Paul Patterson. I am the engineer on the project. Before we go too far – I’m just going to be talking about the site plan in general, but I want to correct one of the, the acreage on the project summary. The actual site is 18.24 acres, not 15.36, so it is a little larger than what was stated. I don’t know where that figure came from. It’s just – we went through so many numbers looking at different set backs and buffers. That’s my mistake. OK? But looking at the plan, to get to something that Andy was talking about reducing the size, what we’ve done is we’ve proposed 100-foot buffer and setback, and by doing so, we have reduced the amount of track. Originally it was 4540 feet. Now it is reduced down to 3250, so we reduced it 1200 feet in length, just to accommodate the 100-foot setbacks. Furthermore, the beginners track was reduced 1010 down to 930. It was pretty much within the buffer itself so that wasn’t a big deal. One of the concessions that we came down to was reducing the number of total patrons and riders down to 300. Now as such, we needed 100 parking spaces, so that would accommodate three people per vehicle. I think you were eluding to something else. I think the 25 he was referring to was the number of motorcycles on the course at any given time. You may have 100 riders there, but you’re going to have 75 sitting on the side, so, but that’s basically – we needed 100 parking spaces for 300 patrons. In addition, for each one of the parking spaces we needed 20 square feet of space for the parents and grandparents and whoever might be with them to watch them – an area set aside for that, and we have that, the patron area there near what I call a pavilion. It’s not really a building. It’s on skids and can be moved from one place to another. It’s not really a structure per se. Generally on the site you have light woods to the southeast towards existing mini-warehouses. You have a couple of vacant lots to the south of this. To the north you have some light woods adjacent to Mud Creek. It is not a big buffer, but it is an existing buffer. I happen to go out there before I was hired by Mr. Bennett. I went out there once before on another occasion. There wasn’t a whole lot of trees at that point in time. That’s probably a year and a half before he hired me, I was on that site looking at it, but there is sufficient buffer except for where the power lines are at. And of course, that goes as usual. There’s no trees in Duke Power power line easements. So that’s a buffer issue that can never be solved. Are there any questions?

Chairman: Paul, in the gravel patron area, what’s the approximate square footage of that?

Witness Patterson: 20,000 square feet. You need basically 20,000 square feet per patron per parking space.

Chairman: And I think Mr. Bennett indicated there is some type of restraining fence around the patron area?

Witness Patterson: There is a little fencing all the way around the track to prevent people from walking on the track. You either have to cross under that little fence or cross over. It’s not that easy to get on. If you wanted to get on, you could, but there is something there to prevent it.

Chairman: Would it prevent a vehicle from coming in the patron area? I don’t know what kind of fence it is.

Witness Patterson: Not – we can put that up. It wasn’t really proposed. It’s not out there now, but it is something that can easily be proposed and put in.

Chairman: Anybody have any questions for Mr. Patterson?

NO RESPONSE.

Chairman: Mr. Edney, do you have any other comments on this witness?

M. Edney: No I don’t. We just wanted to give you a chance to talk to the engineer if you had any specific type questions.

S. Baldwin: As far as the proposed buffer, are you proposing that to be vegetative? You are talking about a distance. Nothing has been proposed to mitigate noise?

Witness Patterson: I don’t think that’s actually been addressed yet. I don’t think planting trees is going to be a problem. The problem is you’re also having your drive come in. There is existing buffer to the south toward Edgerton Road. There is also a little buffering to the west where tress can be planted. I think Andy talked about that, but there is nothing planned per se. We need to make sure this is even going to be viable, that ya’ll are going to approve this first, before we do a whole lot. Nothing has been done as of yet, but there will be vegetative buffer if it is needed.

Chairman: Any other questions from the Board?

NO RESPONSE.

Chairman: O.K. Thank you Mr. Patterson.

Witness Patterson: Mr. Harper.

Chairman: Let me remind you as you come up, please be sure your affirmation statement is filed with Mrs. Corn. Mike, are you taking care of that?

M. Edney: no response heard.

B. Moyer: Mike, is Paul leaving? Is Paul leaving?

Audience Member: Paul had to leave.

Audience Member: He had another prior meeting that he was already almost two hours late for, so

B. Moyer: Don’t the parties have a right to question him?

M. Edney: Did the parties need to question him before he leaves?

Atty Beeker: We would need to ask any of the other parties if they want to question him at this time.

Witness Patterson: Are they any other questions?

NO RESPONSE

Atty Beeker: Do any of the parties have any questions for Mr. Patterson?

Chairman: Mike, if you would share the stand with this gentleman so he can ask some questions before Mr. Patterson has to leave, and I guess if we have any more after that, we will have to come and fetch you later on Mr. Patterson.

Witness Patterson: That’s fine.

Atty Beeker: State your name please.

F. Cox: My name is Frank Cox. And Mr. Patterson, are there any natural existing sound barriers to the community surrounding this within a mile?

Witness Patterson: Which direction?

F. Cox: Any direction. Are there natural sound barriers other than buildings?

Witness Patterson: There are actual trees out there now that’s a buffer. Each tree will give you different buffering. I’m not an expert on noise abatement, but I think there is someone here tonight that may be speaking. They can address that problem. There’s existing trees pretty much on all sides. Some of them are a little sparser than others, but in general, there is buffering all the way around.

F. Cox: I looked at the pictures submitted in the paper work and it looks like there’s sparse trees, of course in the picture, very little foliage, and they don’t look like they would buffer a lot of sound.

Witness Patterson: Well, they’re not Evergreens, of course. So, you’re going to have that, the leaves fall in the fall, but during the summer time there is definitely a very good buffer.

Chairman: Thank you Mr. Cox.

F. Cox: Thank you.

Witness Patterson: Is that it? OK, thank you.

Chairman: Was there someone else that had a question? I’m sorry. Would you come on down. If you would, bring your oath. I think you might be a little bit later Mr. Patterson.

Witness Patterson: It’s O.K.

D. Freeman: I do want to ask you that when you survey this property, and usually when I get property surveyed out there, my surveyor always puts his little flood plain thing on there so I really don’t realize how Mr. Bennett did not realize this was flood plain.

Witness Patterson: It is on the map.

D. Freeman: Well he’s …

Witness Patterson: I didn’t survey it when he bought it.

D. Freeman: To my knowledge he is asking that he didn’t realize it was and didn’t have a lawyer to say that, so I needed to clarify that, because I really have to always – I’ve lived on that property so long – 52 years. I own 35 acres or more, on the bottom for years, that almost joined that piece of land, and it floods in as much as 12-foot high. It is just now going over at times, the railroad tracks. So, I’m not sure whether this is the kind of program or place that you really should have looked into before you spent your money to develop that, and because I feel sorry for him that he has…

Chairman: Do you have a specific question for him?

D. Freeman: Yeah, that’s what I wanted to know. Was he informed of that flood plain?

Chairman: I don’t know that that’s – Mr. Patterson, I think did the work on this site survey, not the first.

D. Freeman: But, that I don’t realize how Mr. Bennett didn’t realize the land flooding wasn’t adaptable to this motor cross facility, because he couldn’t race all the time.

Atty Beeker: You’ll get a chance to ask Mr. Bennett questions later.

D. Freeman: Oh, o.k., thank you.

Atty Beeker: O.K.?

Witness Patterson: Are there any other questions? Good. Thank you.

Chairman: Do you have any other witnesses?

M. Edney: I do.

Chairman: O.K. Would you call them?

M. Edney: Bill Harper.

Witness Harper: My name is Bill Harper. I represent three motorcycle dealerships in Henderson County. Just to make sure we are all on the same page here for everybody in the room. Zoning and zoning ordinances are conferred on or given to local municipal governments by North Carolina’s Enabling Act through the General Assembly as a Police Power. The purpose of the zoning is to protect and promote the health, safety and general welfare of all the citizens of the community. I came here tonight to talk to you about the 30 or so families that will benefit from the Mountain Home motor cross park because of their employment at one of the three motorcycle dealerships here in Henderson County. With over 2500 local jobs already lost in this county, I can’t really understand why our local government would further jeopardize local jobs and the potential for even more job growth here in Henderson County. That said, I still don’t think that this is the best reason to let this track remain open. Henderson County already spends hundreds of thousands of dollars on a parks and recreation department every year because we are obviously concerned with, and feel obligated to protect the health, welfare and safety of the community. Here’s an opportunity to provide a park setting for young people and their families to spend time together at no cost to Henderson County. This local track is not the same as a professionally sanctioned automobile racing facility, which the current zoning was clearly designed to block. It’s a different thing altogether. Please take into consideration that most of the people here tonight who speak against the track are people who also do not know the difference between professional stock car racing facility and an 8-year old and his Dad having fun.

AUDIENCE CLAPS.

Witness Harper: Whenever a zoning change takes place, someone is going to feel like they have been slighted, whether the feelings have merit or not. We have to remain focused on what is best for our community as a whole, not just what a few mis-informed citizens feel is best for them. The citizens of Henderson County have always been concerned with the older generation, which explains the growth of the retirement population in the County. What we need here today are some folks like yourselves who will take a stand and champion the young people of Henderson County even though they do not have the political pull of the older generation but because it’s the right thing to do. And the best part about Mountain Home motor cross park, and I can’t stress this enough, is that it’s not going to cost the county a cent. So, as I said before, why on earth would we not allow this park to operate? Thank you, and do you have any questions?

NO RESPONSE.

Chairman: Thank you Mr. Harper.

M. Edney: Billy, can you address the economic impact to the three cycle shops in town?

Witness Harper: Well, you’ve got three main dealerships and I don’t know the numbers for the other shops, but just based on ours, you’ve got at least 30 families involved here, and you’ve got a total – you know, I don’t want to project what the other dealerships sell, but you’re talking over five million dollars in sales per year, between the three shops, at least that, and that’s a pretty serious number.

Chairman: Mr. Harper, are you suggesting that this track generates five million dollars worth …

Witness Harper: No, but I am suggesting it will benefit – of course, it’s not going to generate five million dollars. I mean that’s absurd, but it will generate revenue in this county that’s not going to be taken to other counties. I mean anything we can do to support our local businesses. Sure, we want to, you know, help the retirement community and everything else, but we also are obligated to protect the businesses of this county, and I do believe this track is an asset to the businesses of this county. Not just the motorcycle dealerships, but anything, a gas station near the track, for example. I don’t know. It’s money spent in this county.

Chairman: Do these motorcycles race at the Western North Carolina Ag Center?

Witness Sikorski: I’m Ben Sikorski, and I came here to address some of the issues that have been brought up concerning the noise that’s produced by the vehicles that will be operating at this proposed facility. I would like to just briefly, while I’ve got my minute, just explain how this touches my family, the value that my family has from it. Like he said, some kids play baseball, some kids play basketball. My kids aren’t built for that. They ride motorcycles, and this is what we do together. It’s my opportunity to teach them responsibility, whether it’s Hannah washing her 4-wheeler, or Chase doing his mechanical maintenance. It’s to teach them, you know, that there’s responsibility involved. And also it’s a tool to keep their behavior up and keep their grades up. As my son can tell you, he just left but he’s not riding this weekend because his grades are slipping. That’s how it works in my family. But that being said, back to the point at hand. There were some concerns mentioned about sound at the Planning Board Meeting. So I thought before this came up that I would go get a sound meter and take some tests of the types of motorcycles that would be used on this track and then measure some other events and noises in the surrounding area to make comparisons. I started out with a YZF 450 because, to the best of my knowledge, it’s the biggest, most obnoxious motorcycle that would ever be on that track. At approximately five feet away, at full throttle, I got a reading of 105 decibels. Approximately 50 feet away, the reading dropped to the mid 90’s. 100 feet away, which if I’m understanding everything correctly, is the proposed sound buffer – at 100 feet away, it had dropped down to 84 to 85 decibels, and to put this in perspective for you, 84 or 85 decibels – that’s your garbage disposal in your kitchen. That’s the amount of noise at 100 feet away that I got on my reading. And it’s really easy for someone to stand up here and say “I took some readings and this is the measurement I got, and this is how they compare”, so I went on-line to back up my findings to find out if I could find any validation, and found several web sites which could have saved me a lot of time and work, and pretty much came up with the same thing that I had came up with. I went to a web site called Noise Center, and if anybody wants to look it up, its www.ihh.org and found a multitude of items that we are in contact with everyday that, according to their listings, make more noise than the bike makes at five feet away, much less at the proposed 100 feet away. Just a couple of brief examples, as I said, right on top of the bike, throttle full on, it’s not as loud as a leaf blower, and these are not my measurements. You can check them on line. There’s many, many web sites that you can go to and get these same numbers. A school dance or a boom box is almost the same level. When you get back into the 100-foot range, you’re looking at a tractor, a vacuum cleaner, a hair dryer. There are dozens of examples that I could give and I won’t waste your time doing that. And I’m not sure if this is my place, but to go along with something someone said earlier about the trucks, disturbing their neighborhood all week long, and in the same breath saying the motor cross park was going to diminish their property value. I can’t imagine that however far, a mile away, they’re producing enough noise to drop the value of that property, if those trucks haven’t already done the damage. Just bringing that up.

AUDIENCE CLAPS.

Witness Sikorski: In closing, like I said, there’s multitudes of examples I can give you as to items we’re in contact with every day that nobody’s complaining about that, you know, you just take for granted that make far more noise than these bikes do at five feet away, much less 100 feet away. And that’s just to the property line, not to these folks’ houses. When you consider and it’s been mentioned I-26 and Hwy. 25. Now I took my readings, I couldn’t find anything on line to tell me the readings there. They’re louder. You can do your own readings. I’m not a sound expert. I’m a guy that owns a sound company so I know how to work a machine. That’s all I can tell you. Thanks for your consideration and time.

Chairman: I have just a question, Mr. Sikorski, you just said you’re not an expert in sound, what was your last statement there?

Witness Sikorski: I own a sound and light company. I can’t tell you about tree buffers and you know, how the foliage is going to effect the sound of a motorcycle. I can tell you this is the information I have found and it’s public knowledge.

Chairman: Did you record at five feet one motorcycle or 15 running in full throttle?

Witness Sikorski: Two. That’s what I had in my possession. Two 450’s which is, like I said, the biggest, most obnoxious thing I could find. I did one and then did two, and the readings were so close, that I didn’t bother to…

Chairman: You didn’t figure there was any increase in noise by the number of …

Witness Sikorski: There honestly may be. Like I said, between one and two, there wasn’t enough difference. I mean we’re talking thousandths of a decibel.

Chairman: Anybody else have any questions?

M. Edney: Did you say you took some measurements at I-26?

Witness Sikorski: Yeah. Andy, do you remember what those are? It was 95 on I-26.

Chairman: On the road? 10-feet away?

Witness Sikorski: Off the shoulder, probably 10 feet.

C. Messer: Was that big trucks or was that vehicles?

Witness Sikorski: Whatever was coming down the road while we sat there, honestly.

S. Baldwin: At 100 feet you said you did test these two 450’s?

Witness Sikorski: Yes Sir.

S. Baldwin: And what was the reading?

Witness Sikorski: 84 to 85, in between. I, again, didn’t record specific types of vehicles, I’m not sure what was coming down but I can tell you according to the web site that I went to. Heavy traffic is about 85, and I, again, don’t know what types of vehicles that is either.

Chairman: Any other questions? Mike, do you have anything to add? In your application, you estimated dba’s at 60 to 70. Is this…

M. Edney: Those were guess work based on being outside the industrial park more than 100 feet away. 100 feet would be to the property line, but you gotta remember, this property is within an industrial park where the noise inside the adjoining properties are going to be louder than what we are.

Witness Halsey: Well, here we are again. My name is Bob Halsey, and for Joel Burgess’ purposes in the paper, Joel puts, 72, and then goes on and phrases something that I might have said. I hardly know where to start. I do ride motor cross. I’m 72 years old. I have a son who is 46 years old and he rides a motor cross, and I have ridden motor cross for a long time, and I thoroughly enjoy it, and I must be honest with you, that if you came to Florida, and I came here for this meeting from Florida, and I attend many tracks in Florida and am well known in Florida, am considered a modest expert on motor cross in Florida, and if you went out to a track, you would hear the announcer call the 9 and 11 year olds and Bob. I ride with the 9 and 11 year olds. That’s a consideration. So I cannot claim to be an expert rider, but I will say that I know a great deal about motor cross, a lot about motor cross. And I came here last summer and began to go to Mountain Home to ride and was a bit of a novelty there, because I was the oldest person there, and I met Andy, and I began to make inquiries of Andy about how was the certification coming along – did he have the proper permits, etc. etc. and he said that that was in the process, and I have a little company called “Ultra-compute”. Basically, it’s an accounting computer company, but I deal in compliance issues, and I know a great deal about compliance, mostly in the boating industry as far as toxic by-products and the manufacture of fiberglass boats. And I continued to ask Andy about the process and then I began to go down to try to verify with Karen Smith, whether what Andy was telling me was actually transpiring, and I discovered that a lot of mistakes had been made since this track opened. And to conclude this aspect of my presentation, Mr. Bennett was going to be in a bit of trouble, so I asked him to give me a single issue Power of Attorney and to place the entire process in my hands, that I felt eminently qualified to handle the responsibility. And he did so, and within a matter of hours, the track was closed, the proper gating was put up, proper signage was put up, and I began 40 and 60 hour weeks working with Karen Smith to try to learn the ramifications of an application for the Special Use Permit and not an easy endeavor I might add. So that’s how I got involved in all this, and then I was introduced to Mr. Edney, and then I met Mr. Patterson, and I was the coordinator that brought all these people together and did a lot of the running around and all the necessary foot work. Many, many, many hours. But I would like to say several things about the parcel of land. I believe the lady who came to the microphone earlier spoke correctly when she raised the question, “did a lot of investigative work go into the thought about the land before it was purchased”, and I think the answer to that is no. And that was one of the mistakes that was made, but that doesn’t alter our situation, I don’t think, very much. One of the things that impressed me, that I have never seen a parcel of land that was more suitable for a motor cross track in the many, many years, and I have been around motor cross for a long time. I have never seen a parcel of land that was more suitable, because and I went to the courthouse and did an investigation on all of the ownership of the land since 1980, and one of the oddities I might add here is that the original owner of the land was Mr. Edney’s father. I believe that’s a true statement, sort of a coincidence here, and five people have owned it, and nobody has been able to do anything with it. It sat there, and Mr. Bennett bought it. I’m not sure he knew at the time what he was buying, but, nevertheless, he did buy it. But by the same token and one of the things that was so fascinating to me, because I went there in the summer time with the noise containment, and there was a gentlemen that came up a moment ago and he raised the issue – he looked at the trees and there was no foliage on the trees and so he was concerned that there wasn’t very much natural foliage. If you go there in the summer time, you would be overwhelmed by the amount of the foliage that’s there. I mean, it’s full, complete and totally surrounds them. And I am knowledgeable about motorcycles as far as noise is concerned, and I’d like to tell you what I know about that, and before I do that, I would like to say that in the application, we referred to the 25 automobiles, and I think there was a little joke going around where we had 8 or 10 people in the back of pick up trucks and we all got a chuckle out of that. What that 25 vehicles represented was, that’s an average on a given weekend, and it appeared and that issue came up in the Planning Board, and that figure merely represented what an average crowd would be on an average weekend, and I would like to clarify that for the record. But back to the noise issue. 96 dba’s is what the manufactures try to achieve with their exhaust systems. And if you take two motorcycles, each putting out 96 dba’s, the increase overall is 3 dba’s per motorcycle that is added. It is not cumulative. If you have two motorcycles side by side. They’re both 95. You add three. The cumulative effect is 98 dba’s, and I have certification documents which were faxed to me from the American Motorcycle Association today, in fact, which stipulated the process where you put your meter on the bike to meet the SAE specifications, and I think when the earlier fellow that was here testified, and I think he had his meter directly behind the motorcycle, which registered 105, but as far as the Federal law is concerned, the meter is placed 18 inches in front of and at a 45 degree angle to the muffler, and yesterday we checked a motorcycle, that 450 that was referred to, and it read exactly 96 dba. And from the American Motorcycle Association, today we learned that if you go 50 feet back, that 96 becomes 80, and it is the impression of the AMA that if you have a motor cross track with an average of say 20 riders, you go a quarter of a mile from that sound source, you will probably not get a reading on a meter – a quarter of a mile if the cumulative source is not over 100 dba. I am very sensitive and everybody in my group is very sensitive to noise, and for anybody to come here and say that we just want to have…

THE TAPE RAN OUT, NOT SURE WE GOT EVERYTHING.

Witness Hausey: and talked intimately about that in fact in Florida. The word “motor cross” brings strong emotions to the surface immediately. You put motor cross in the newspaper and say that there is a plan for a track, and there is a natural reaction to it because there is a lot of adverse publicity associated with motor cross, much of which is undeserved, and the only thing that I can say is that when I have gone to the track last summer, now the trees were completely in full bloom, when I got to the end of Edgerton Road, I had to get out of my truck ‘cause I had to look down the road to find out if there was any dust, because I could not hear from Edgerton Road to the track. I could not hear the motorcycles and I could not see the motorcycles because of the foliage so. I think that’s very important that we talk about the reality of it and what I have personally experienced. So it is hard for me to believe that – but I have absolute respect for others who came. It is hard for me to believe that anybody that lives a mile from this track could actually have their lives disrupted, and I am sure that people are going to come to this podium and say well I’m here and meet the first one, but that has not been my experience, but I totally respect their opinion. So I just question the issue of noise and I think that everybody should recognize that we have done everything possible from the matter of the track facility, 1000 people, we’ve reduced it to 300 and made every effort that we possibly could. And there are some other very subtle nuances to the thing. You take a 450 and you’re going to get a 90/60 dba reading out of it, but the truth of the matter is, that that motorcycle when it’s being run, will never run over 2600/2700 rpm’s because the torque is so great and you achieve speed so rapidly that you simply can’t run it at 3000 rpm’s. You simply can’t do it, and the motorcycle is rated at 12,000 rpm’s, but those are the real subtle things and that’s why the AMA says that if you take a meter and you go a quarter of a mile away from the track, you’re simply not gonna get any reading at all, because the noise is not consistent. But there are so many nuances to this whole issue of noise that it’s very difficult to talk about it objectively. I would like to raise one other issue and then, I’m sure you’ll hope I’ll sit down. I’m not sure that we have a level playing field here and I’ve been over to Karen’s office a lot and had some really great discussions with them on the technical aspects of these requirements, and I raised the issue about a minimum separation of two miles from any health care facility shall be required, and I haven’t been able to find anybody that can give me substantive scientific data of the significance of an arbitrary figure of two miles. I’ve asked and I’ve been told – “well that is what it was in the former ordinance” and I would say yeah, but where, what did, who made that decision? Where did that decision come from? And I have never gotten an answer. I would like to put it in perspective for you, and this perspective came from a doctor in town and is a personal friend of mine and is sympathetic to what I have been trying to do. What I am trying to do is not for anybody, anything other than the kids, and I’m evangelistic. I truly am evangelistic in my attitude of what a motor cross course can do for the youth of the community, and the truth is that the motor cross activity has really become the 21^st Century soap box derby and to a certain extent, the motor cross has become an activity for those who chose not to be boy scouts, and I don’t mean that in a derogative sense either. But here’s the issue about the even playing field and the two miles to a medical facility. I drove down Route 64 today, and on the east end of Pardee Hospital, I parked my car and I got out, and it is 94 steps from 64, hello, hello. Am I still doing ok here?

Chairman: Oh yeah.

Witness Hausey: OK 64 steps to the Pardee Hospital. Now there ‘s no finer medical facility in this county than Pardee Hospital. Absolutely right. But at the same time on Route 64, and I called the North Carolina Department of Transportation today on this issue, and I said are there any restrictions on 64, and they said no. And I said can a truck with toxic waste go down there? And they said, there are no restrictions. I said can a vehicle that carries explosives go down there, and they said yes; there are no restrictions, and somewhere in my logic, I don’t quite understand why a small motor cross course must be two miles from a heath care facility, when the major hospital in this county is 94 feet from a major artery where any type of a vehicle at any noise level can proceed. And that’s why I ask that maybe we should all pause here for just a minute and ask ourselves legitimately – are we playing on a level playing field here or were these requirements put in there not to allow somebody to do something but to prevent somebody from doing something. And of all the issues that are on the table right now, why wouldn’t it have been a better issue to say - OK you can have a motor cross facility as long as it doesn’t have actual readings in the community. How can you have an arbitrary two miles? And if there is anybody on the Board that could explain that to me, I would welcome an explanation about that. I am emotional about it because I have spent more time than anybody in this room, perhaps including Karen Smith, on this issue, have interviewed more people, have traveled to more tracks in the southeastern part of the United States to try to gather information and the reaction to a motor cross track is universal. People come out of the woods and they don’t want it because of its initial bad image, but then when you become scientific about it, and you say ‘OK, we’re gonna give you a two-week temporary permit’, and we’re gonna have a few little activities out there, and you put the people out with the meters, a quarter of a mile away, there is no reading on that meter. And as I conclude my remarks, I would just like to say, I’d like to read a little paragraph that I wrote this afternoon if I might, and this is what it says:

‘We need to define motor cross as it is today and not as it is perceived by many. Motor cross is not about kids smoking, drinking beer, thinking about tattoos, musing about drugs, funky clothing, a lack of respect for parents or elders or poor grades in school, this my friends is not motor cross. Motor cross is about individual achievement, knowledge about machines and hand tools, physical conditioning, dreaming about one achieving one’s goals, seeking to be better at what you do, doing things with your parents together for the betterment of the family, and an opportunity to find some measure of financial security at a young age.’ And then I conclude by saying ‘motor cross is the 21^st century version of the soap box derby’, and with that I say thank you for the opportunity to talk to you.

AUDIENCE CLAPS.

M. Edney: I have no questions, but I will invite the Board to ask any questions you may have.

Chairman: Does anybody on the Board have any questions?

S. Baldwin: I just have one point I wanted him to clarify. You said that a quarter mile away, if the collective noise generated by a source wasn’t over 100 decibels that the meter would not read. Is that correct? Did I understand you right?

Witness Hausey: The statement that I – I had a conversation with a technical person at the AMA this morning who also referred me to two other people, who I also had conversations with in California, by the way, and the quarter mile and getting no reading really involved a full compliment of motorcycles. I didn’t want to insinuate, I didn’t want to go back and say one motorcycle at 96 and another at 96 equals 98. If you keep it up to you get up to 120. That wasn’t the point. The point was that it is the experience of those who have had the responsibility to solve these problems technically and scientifically that when they go a quarter of a mile away from a facility that is carrying on some type of an activity, they get no reading on their noise meter. Now does that answer your question?

S. Baldwin: Well yes – math…

Witness Hausey: I wasn’t trying to do a math problem for you.

S. Baldwin: I was doing the math and the math didn’t work out.

Witness Hausey: Right. And I didn’t offer that as a way to take three decibels and then multiply that by a factor of 15. That wasn’t the point. I was just trying to make a point for the benefit of everybody in the room that noise-wise, that as you add motorcycles of equal noise level, right, that as you add each one, it only goes up 3 dba. I can’t say the word ‘erythematic’ or…

S. Baldwin: I can’t either.

Witness Hausey: Right, right. It’s a logrhythmic type of function.

S. Baldwin: Well when you looked at, you stop me if you need to, but you said the 450 measured 96 and then as you add another one, that’s another three.

Witness Hausey:: That’s another three.

S. Baldwin: And I just ran the math, and if you do the 24 because you are saying no more than 25 at a time

Witness Hausey:: Well, now that would be right.

S. Baldwin: Right.

Witness Hausey: But not all of those are going to be 96’s. The 96’s…

S. Baldwin: That’s on a 450

Witness Hausey:: Right, that was on a 450 only, right, and the maximum number of cycles that would be on the track where there would be a readable factor would be 15.

S. Baldwin: O.K.

Witness Hausey: But you have to understand that you have – you can’t even hear a 50, you can barely hear a 65. An 85 will make a little noise and a 125 makes slightly more. But the cumulative fact of it all, and it’s very technical, because not everybody has the throttle on at the same time, and some people are in a reduced throttle position and as the third fellow that I talked to today in California said, that it’s extremely difficult, and the only way you can actually do it objectively is to take a meter, go a distance from the track and just find out what type of a reading you get. You just can’t take numbers and add them up. He said it’s just almost virtually impossible because it is influenced by wind, temperature and the amount of moisture in the air.

S. Baldwin: O.K. Thank you.

Witness Hausey: Any other questions?

Chairman: I would just make one comment - I don’t plan to go into the philosophical dialogue about how we develop the ordinance that we are currently operating under, but I would tell you that at Pardee, they are inside the city limits and they operate under city code not county code.

Witness Hausey:: O.K. and I deeply appreciate that clarification from you too, and that’s very definitive and I appreciate that because that has been very bothersome to me. Thank you.

M. Edney: Mr. Chairman, you may also want to mention, that’s U.S. Highway 64 and nobody around here says what happens on a U.S. Highway either.

Chairman: I’m sorry Mike -

M. Edney: It’s U.S. Highway 64. It’s not a local street either.

Chairman: Well that’s true.

Witness Hausey:: Right but anyway, and so to have highlighted Pardee with what you just told me, it may be actually inappropriate for this proceeding. Nevertheless, it does add a little bit of a different perspective and that’s what my job is to try to get you to take a slightly different perspective about this issue, and I am evangelistic about it. I just think the value to this community cannot be overstated.

Chairman: Thank you.

Atty Beeker: Mr. Chairman, if I could, I just want to clarify for the Board that ‘hearsay’ is ‘hearsay’ is ‘hearsay’.

Chairman: That’s right and your reports from California are basically hearsay. I think we are aware of that.

Atty Beeker: I just wanted to point that out to the Board.

M. Edney: Is unobjected hearsay, still hearsay?

Atty Beeker: Yes.

M. Edney: O.K.

Chairman: Mr. Edney, do you have …

M. Edney: Those are our five major witnesses. We’ve got 31 minor witnesses. I don’t know if you want to take a break. One thing I was thinking that it is getting almost 9:00 and some of these folks have kids. If I could arrange the kids’ parents to go first, whatever.

Chairman: Excuse me just a minute. There will be other proceedings down here if you’re looking to cross-examine or be a party or witness.

Party/Witness: Yes, we would like to ask some questions.

Chairman: There will be a time for that but it’s not right now. That’s one of the reasons we’re concerned about witnesses leaving is later on we may have those. That’s one of the concerns we had with Mr. Patterson. Now, go ahead Mike. I’m sorry.

M. Edney: I didn’t know if you wanted to give everybody a break. If you guys needed 5 minutes, or how you wanted to deal with it?

Chairman: Do you have any more witnesses to bring?

M. Edney: I’ve got 31 I can call in a row, yeah.

Chairman: You going to bring all 31 up.

M. Edney: These are the 3 minutes witnesses, so it will go fairly quickly.

Chairman: There’s no problem taking a break. We will re-convene at a quarter till 9.

BREAK.

Chairman: At about 9:30, we will be recessing this to another meeting. Probably what we’ll do is that at the regular Board of Commissioner’s meeting on Monday evening, we will at that time set a time and place to continue the hearing. Once we can make arrangements with the school board to find another auditorium large enough to accept a crowd. So, that will be our planned schedule for the rest of the evening here. We’ll try to get as many of Mr. Edney’s witnesses as we can. One of the difficulties in having to do a split meeting is if you’re a witness or party to it and you’ve given testimony or witness here, it makes it necessary for you to be back at the second meeting so that you are able to be cross-examined. So you might just bear that in mind. Mr. Edney are you ready to continue?

M. Edney: Yes Sir.

Witness Manzi: Hello. My name is Joann Manzi, and a I am a motor cross Mom. My son is 9 years old and he rides at the Mountain Home track. I think everyone here will agree the land where the Mountain Home track is located is of very little use as anything else other than what we’re here asking for. It has been stated, there are no, if I am correct, no noise ordinances in an industrial area, which this is in. This land will soon be boxed in by not only the interstate but a 4-lane or 5-lane (I haven’t figured that one out) highway, which is 25, both of which are noise makers. I know there are a lot of seniors in Hendersonville and that they would like it to be quiet and peaceful, which we all kind of want at times. But I also know that there are many families here. There are many things for seniors here to do in Hendersonville but there are not many places for kids to go. The Mountain Home track is a place for families to go and hang out, which is what kids like to do, without getting in trouble for being somewhere where they shouldn’t be. There are people here who have bikes that have places that they can ride, but there are a lot more people that don’t have anywhere that they can ride. As a Board hearing everybody from both sides, you guys have a choice. You can say no to the track and have people riding their dirt bikes anywhere they can, which I can tell you from experience first hand, that neighbors don’t appreciate that very much, but there’s no place to go. So we go wherever we can before we are told that we can’t do that anymore. Or you can say yes to the track and give them a designated well supervised area to have fun and practice what they love. I guess if you look out here at the last meeting and at this meeting, you will see that there are a lot of kids out here. Their Moms are here. Their Dads are here, and it is a family sport. That’s all I have to say. Thank you.

AUDIENCE CLAPS.

Witness Jones: Three minutes. O.K. I’ll try to stop before that time. First of all, thanks for giving me the time. I have a lot of appreciation for your role, and I don’t pretend to understand it well, but I do believe what I see in the room here is people trying to figure out how to live in a community together. If you stand in the back, you will notice a lot of things from the back. People come from different walks of life, probably different professions, probably live in different kinds of houses. They probably go to work with different kinds of clothes on. I mean, that’s what it looks like to me, but I believe they all want the same thing which is how to live in a community together. So, I’m going to talk a little bit. I’ll tell you I am not a minister. It may sound like that, but I’m not. I am going to talk to you about noise, choice, love and building a community. And this is going out with all the respect and appreciation that I have for what’s going on in the room here. I will tell this story. I have spent a lot of time in the airports around the world and last night I was stuck in Atlanta experiencing a 5-hour delay, and there was a little 4-year old girl standing in the window of the airport looking out as kids do, and her father would whisper something in her ear, and she would just jump. Some of the people got very impatient listening to this noise from this kid. Some people actually got up and moved. Well a few minutes later, the father handed this kid a white cane, and to everybody’s surprise, the kid was blind. She was a 4-year old girl. Her name was Jordan. When her father was whispering in her ear, her father was telling her what he saw and then she would react to it. It was a father’s love for his kid. So one of the things I want to talk about, just to offer up another point of view about noise. What’s behind the noise that kids make? What’s behind the noise that kids’ make? If you have never been to Mountain Home, behind that noise is a lot of love. I have two boys back there, and I am committed to teach them how to be in a community where people find a way to love one another. So behind that noise, you will see these kids in here, they love each other. The emerging motor cross moms and dads in this country just as there are Nascar dads and moms in this country that’s in this room. I feel very comfortable when my kids are around them. If anything happens, some parent, some other kid is going to jump out and be supportive. So behind that noise at Mountain Home people would be really surprised to find out what’s really behind the noise. What I learned about noise is that we can make choices about how we hear the noise. I was in a forest fire in Buncombe County when I first moved here. The noise…

Chairman: Could you summarize please. Your time is up.

Witness Jones: I will summarize sir. I am summarizing now. The noise of the helicopter, the noise of the chain saws was music to my ears. So I encourage people to explore what’s behind the noise in Mountain Home. Thank you sir.

Chairman: Thank you.

AUDIENCE CLAPS.

M. Edney: Wayne Broome.

Chairman: Mrs. Corn, do we have the statement on all of these?

Mrs. Corn: Yes we do.

Chairman: OK, Wayne.

Witness Broome Three minutes so I guess I’ll be quick. On this map, OK, my family owns probably three acres across from the Mountain Home Fire Department. And to hear people say that they live two miles away and they can hear it. My Aunt never ever knew that there’s a motor cross track directly across the street. We go over there. We have cook outs, everything, yet they never knew. So I kind of find it hard to believe that somebody can hear it a mile and a half away, two miles away. OK. What I’m saying is that it’s less than a quarter of a mile. O.K. you can go up across 25 and you’re going to hear if you try and try and listen, you’ll hear dirt bikes, OK. I’ve got four children. We go out there and we ride, OK. If we don’t ride there, we’re riding up in the woods at the house, and my woods is probably a quarter mile from a health care facility. Nobody ever complains. We take 15-20 guys up there and ride and nobody ever complains, because you can’t hear it. The noise. Bennett, you and I was talking yesterday. It was 76 on the noise meter that we was talking about, and to hear a dirt bike a 96 – this gentleman here states 96 + 3 + 3 +3 – that’s 15 bikes. You take those 15 bikes – those 15 bikes they are not running together. They are spread out over 19 acres running, and that’s standing right up on the bike. The closest that these people are when they are riding these bikes, they’re over 100 feet away from you because the track is out there in the middle, and that ain’t 15 bikes standing right together the whole time. That’s all I have.

Chairman: Thank you.

AUDIENCE CLAPS.

M. Edney: Bob Winston.

Witness Winston: Ladies and gentleman, my name is Bob Winston. I live in Asheville. This is my youngster, 13 year old Adam, who rides a dirt bike Adam does not play in organized sports, doesn’t play, football, baseball, soccer, whatever. Dirt biking is his sport. Together as a father and son team, we really enjoy it. Mountain Home track is well run, well organized, safe with safety requirements in place. The boys must have a helmet on. Boots are highly recommended. I have witnessed Andy pulling kids off the track for misbehaving in any way, shape or form, so we just feel that this is a great place to be with the fact that Adam doesn’t play in organized sports. This is his sport. The other point that I want to make just real briefly – in the intermission just now, I had a chance to ask Andy – have you ever had any complaints? Has the police ever shown up at the track? Have the city council ever contacted you with any kind of a letter, any kind of a call or whatever to say they’ve had a complaint? Andy says no. The question in my mind is – the track has been opened for a year and a half. He’s had no noise complaints. Now all of a sudden we have quite a few people in this room who are here to complain about noise. I offer to you, they didn’t know that track was there until it appeared in the paper. Thank you.

AUDIENCE CLAPS.

M. Edney: Curtis Burge.

Witness Burge: Hello, my name is Curtis Burge. I am an adjacent property owner. I am not a motor cross rider. I’m just here to voice my opinion in favor of this project. I think it’s a great thing, to see all these kids out here that come to support something like this, a really strong community building thing, and it can be nothing but an asset for the community. Thank you.

AUDIENCE CLAPS.

M. Edney: Jerry Oliver.

Witness Peltier: Mr. Commissioner, Chairman of the Board, Hi. My name is Dan Peltier. I am a grandfather, 59 years of age, and I’m an avid motor cross enthusiast, which I was not until 16 years ago, I inherited a 2 year old grandson. That grandson loves motor cross. I thought it was noisy. I thought it was the most obnoxious thing I’d ever seen in my life, until I got out there and I saw him run, and I saw the heart that that boy put into it. I can tell you that the issue here before us today is not so much a noise issue as it is worried about change. I’m 59, I’m old, I’m crotchety. I get aggravated. I don’t want to change. That’s what this issue is about. We resist change. You know, we’re worried about property values, and I’d be worried about property values, and I can sympathize with these people that worry about their property values. By the same token, let’s put the motor cross on the Century 21 sign that says we have a nice motor sports park a half a mile from my house, or on the bottom of the sign, a half a mile a way, we have 18.4 acres of swamp infested, snake infested, mosquitoes and gnats and let’s see which one runs off more. We, as this generation, we ask ourselves many many times, what is wrong with our young people today? We live in a Bible belt. We’ve allowed one person to take prayer out of our schools. We allowed the 10 Commandments to be stricken from courtrooms. We now are getting ready to take “Under God” out of the Pledge of Allegiance. This sport still prays, along with Nascar, to one God. Don’t, don’t take this opportunity for these kids to have a wonderful time away from them. My grandson has been out of motor cross for one year now. We were returning from a motor cross event, because we didn’t have any place to ride. We had to go out of state. We were hit head on by a drinking driver at a Tennessee Highway Patrol estimated speed of 135 miles an hour. It’s a blessing and a miracle from God that I’m standing here and he’s still here, but he wanted me to tell you tonight he wants to ride motor cross again. Thank you.

AUDIENCE CLAPS.

M. Edney: Terry Ray.

Witness Ray: Hello gentlemen, my name is Terry Ray. These are my sons, Zack and Jordan. I would just like to reiterate some of the things you’ve already heard. I know it sounds like beating a dead horse over and over again, but being an avid motor cross rider for over 25 years, it means a lot to me that this track is so close to here. You cannot find a facility anywhere near run as organized or as well as what Andy has put together. My children do play organized sports, but you have to go in the stands and you watch and you can live vicariously through them and watch them play these sports. This is something we can do together. Hands on, one on one and enjoy each others time personally together. I would just like to see that continue, and I don’t understand how this could not be a good thing for the community because as we are driving to the track through the county, we are going to facilities to purchase food, gasoline and any other conveniences we might need for the afternoon. I just see it as a plus situation for everybody, and I just hope you take everything you hear into consideration and think about what’s really happening out there. I think it’s a good place for it to be. I don’t think there could be a better spot for a motor cross track than what is there now, and I just wish you would take that all into consideration and keep the track open. Thank you.

AUDIENCE CLAPS.

M. Edney: Kara Bonura. Could you say your last name for us please Mam. Thank you.

Witness Bonura: Bonura. My name is Kara Bonura. I found it important enough to come here tonight from McDowell County, which is almost an hour drive. I do have a 12-year old son that is not an avid motor cross rider, but he is in the process of learning, and his learning, however, has been halted since there is no where to ride. No where close to my county. In my county, we don’t have a lot of recreational things for the children. My son is an only child, and it is very hard to occupy him with a lot of things that he would like to do. There are only so many things that you can occupy them with that you have availability. I have heard a lot tonight about the noise factor. That seems to be the biggest problem here. My point to you and my point to everyone in the room is that noise is a factor in everyone’s life today. I wish that I could say that I would love to go home every afternoon and sit on my front porch without hearing any noise. Unfortunately, that’s not the case. I live a half a mile off of I-40. I live adjacent to a farm, and I also have coon hunters that live behind me. I wish that the coon hunters in my county, I don’t know about everyone else’s, but this is the point I would like to make and then I’ll be done. I wish that the coon hunters would be as willing as Andy is here to schedule their time instead of 2:00 or 3:00 o’clock in the morning hearing barking dogs. I would much rather have a motor cross track that is open from 10:00 to 6:00, rather than from 2:00 to 3:00 to 4:00 o’clock in the morning, have to endure the noise of the coon hunting dogs when there’s nothing we can do about it. That’s all I have to say. Thank you.

AUDIENCE CLAPS.

M. Edney: Doug Renaker.

Witness Renaker: My name is Doug Renaker. My boy and I have, my boy’s raced for seven years, and I tell you with the motor cross family, there’s not a better set of people you’ll ever meet. I’m telling you. If all we do – we need a place to ride, to come with other people, to get together with people. A good safe place. We’re now traveling hours into other counties, spending our money other places. As the noise goes, we live about a mile from a public school, and sometimes on Wednesdays, Thursdays and Fridays, they’ll have ball games, and I’ll tell you that’s a lot louder than I ever hear at the track over there. That’s late at night. That’s a noise problem. These motor cross kids in here, I’ll tell you they’ve been well behaved tonight. I guarantee you won’t find another group of kids that will be this quiet and this well behaved. My boy makes straight A’s He’s rode motor cross pretty much professionally for seven years. He’s attended well over 700 to 800 professional events. If you just let this track go and we don’t have this track here, a lot of people are going to be missing out on the love and time that they get to spend with their families and their son. My father, I played football for 9 years, never came to one of my practices. I go with this boy year in and year out, day in and day out, he’s with me, and I can’t say that a lot of other sports would have that in them. Thank you.

AUDIENCE CLAPS.

M. Edney: O.K., Colton your turn.

Witness Colton: Hello, my name is Colton, and I don’t have anything to say.

Chairman: We appreciate that.

AUDIENCE CLAPS.

M. Edney: Joe Sansosti.

NO RESPONSE.

M. Edney: O.K., we’ll go on to Joshe Clark.

Witness Clark: I support everything that everybody has said here. We just want to have fun. I don’t know what all of ya’ll do for fun, but if it was the other way around, you’d probably see it a little different. If you play golf or whatever, if somebody tried to take it away, it wouldn’t be very good. That’s all I got to say. Thanks.

AUDIENCE CLAPS.

M. Edney Verna Garren.

Witness Garren: Hello, my name is Verna Garren. I’m a resident of Henderson County. I was born and raised here. I’m the grandmother of two wonderful grandsons that ride motor cross. Andy Bennett is right. When he had his track open, it was private, and we just kind of pushed our way in, and he let us ride. He has been so good to those two boys, and if we ever needed anything, if we were going to race in another town, we could call Andy. The bikes broke down, he’d say ‘I’ll work it out. We’ve got something over here that you can ride, or we’ll fix it for you.’ And the track is drug free, alcohol free and they go all out to try to help these boys. I think that they should be given a chance so these boys can learn to be professional bike riders. Thank you.

AUDIENCE CLAPS.

M. Edney: Phillip Pearson.

NO RESPONSE.

M. Edney: Laura Crain.

NO RESPONSE.

M. Edney: Lori Lapallo.

NO RESPONSE.

M. Edney: Janice Conner.

Witness Conner: Hello, my name is Janice Conner. I’m a resident of Henderson County, and I’m speaking for two tonight. My husband and I both ride motor cross. We’re neither older or younger. We’re at that grand middle age, but we both have dirt bikes. We ride mountain bikes. We also ride motorcycles. I’ve been to the park numerous times. I would have been more, but sometimes we’ve gone out there and it was closed. They were talking about if it rains or something, you go and you can’t get in. When we first heard about the park, it was private, and a lot of the guys where my husband works knew about it, and we just went and asked them to please let us come and ride and they did. We ride in numerous states. I am not a racer, and if anyone here has ever seen me ride, you would know that. But I do like to ride. It’s an athletic event. I did buy my bike from a local shop, so for economic reasons, I know that’s been mentioned before, it is good. But the thing that’s impressed me the most about the park is the families. You see so many families come out there, and that’s sometimes a little bit unusual. We have a lot of opportunities at sporting events sometimes to witness families being together, but you see folks pull in there with pick-up trucks or SUV’s or whatever they’ve got, and they’re pulling trailers with motor bikes and they spend some time there with their kids. Mark and I, my husband, don’t often spend the day because as I’ve heard before, I ride for an hour or two and I’m ready to go, because it’s often hot and it’s very dirty, but I do like to ride. I would like for you to take that into consideration as you make your decision. I want to mention one thing that I have not heard said. Am I correct that none of you have visited the park?

Chairman: I don’t think anyone here has indicated they have visited this park.

Witness Conner: Have you ever watched motor cross on T.V.? Do you – because some of you have a lot of questions, and they’re very good questions, but I respect you being here and I would respect your decision very much. I would also ask that maybe you get a little bit more knowledge about motor cross and what it is. I do agree with some of the opinions I have heard tonight, that some times the reputation may be that it’s very noisy, but it’s really just folks getting together, having a good time. I appreciate it. Thank you.

AUDIENCE CLAPS.

M. Edney: Kelly Wyant.

Witness Wyant: Hi, my name is Kelly Wyant. I represent a three-generation family of racing. Anywhere from my father-in-law, who is 61 this year, to my daughter, who is 7. There is no other sport that you can be involved in that is this family oriented, and I have been involved in boy scouting, cub scouting and girl scouting, and the values between the motor cross families and the scouting families, the motor cross families win the values hands down. You can go to the track. You can leave your things out – your purse, your tools. If it’s not someone else’s, they don’t bother your things, and I don’t think that is taught enough to kids these days. I just think that you should get more knowledge on what’s going on there. You should see other events. You should visit them before making your decision. Thank you.

AUDIENCE CLAPS.

M. Edney: Warren Robinson.

Witness Robinson: Good evening. My name is Warren Robinson. I’ve been involved in some type of motor sports, motor cycles for probably about the last 25 years. I’ve got a 4-year old little boy and 6-year old daughter.

END OF TAPE, NOT SURE IF WE GOT EVERYTHING.

Witness Robinson: We have heard several people talk about the noise issues and that type stuff. You know, I live right across the street from the new Clear Creek Elementary School, and you know I have to sleep with a fan on at night so I don’t hear the neighbor’s dogs barking. On Friday nights you can go out on the porch and you can listen to the North Henderson High School football game. It’s just like you’re sitting right there beside the place. So, I deal with noise everyday too. It’s just one of those things, you have to do as you go. What I’d urge the Board to do is to take into consideration the kids and having a place for them to ride. That’s about all I have to say. Thank you.

AUDIENCE APPLAUDS.

M. Edney: Donna Burns.

NO RESPONSE

M. Edney; Janet Shisler.

NO RESPONSE.

M. Edney: Robbie Crain.

Witness Crain: The only thing that I can really (say) that hasn’t already been said is that the only complaints that sounds real is maybe property value. I think the time you get to spend with your parents and your family and friends is more important.

AUDIENCE APPLAUDS.

M. Edney: Harold Crain.

NO RESPONSE.

M. Edney: Larry Manzi, last one.

Witness Manzi: How are you doing? My name is Larry Manzi. I drive a trash truck for a living, and I put up Heritage Health dumpsters. If you’ve heard the dumpsters dump, they’re real loud. I pick them up anywhere between 5:30 and 6:00 o’clock in the morning, and my company has never had a complaint about the noise. I mean, if there is noise, that’s going to be a noise. I mean, I bang two of those dumpsters between 5:30 in the morning and 6:00, so that’s all I’ve got to say.

AUDIENCE CLAPS.

M. Edney: Let me call three names real quick just to see. Is Daren Smith still here? Max Bastien.

Witness Bastien: Hello, my name is Max Bastien and I actually don’t ride any kind of motorcycle or anything, but all my friends ride them and I really would like to get into the sport, but I have no place or opportunity to actually learn how to ride them, and if this motor cross park was open, this would really be the best opportunity for me to be able to learn it, because there are no other tracks really to learn close enough to where I live anywhere and that’s all I’d like to say.

AUDIENCE CLAPS.

M. Edney: Shane Bennett.

Witness Bennett: My name is Shane Bennett and I really don’t play any sports. I skateboard and I ride motor cross. That’s all I do and my whole entire family rides motor cross and that’s pretty much the only thing we do together. I would really like for the track to be open back up, because I really like spending time with my family. Thank you. That’s pretty much all I have to say.

AUDIENCE CLAPS.

M. Edney: Mr. Chairman, I’ve got two or three others that had signed up, but apparently they had to leave early, so given the hour, I would ask that we uh – what’s the word - go home, and reconvene another night.

Chairman: Just for the sake of those of you that’s here, first of all, thank you for spending the evening with us. A lot of information has come out. We still have a lot to go, obviously. The Board will continue this hearing at its regular Board meeting Monday evening at 5:30 only to establish another time and date, only to establish another time and date. When we get to important dates at our regular Board meeting, we will establish another time and date to continue the meeting and that will be predicated on where we can find another building at the applicable time, so you will have adequate notification of it.

Atty Beeker: You need to make a motion to continue this at 5:30 on Monday at the County Office Building.

Chairman: I hope everybody understands that. We’re not going to continue the hearing Monday night. We’ll just be setting a date to continue it, once we find a place that we can continue it at. So I move then that we continue the hearing at 5:30 on Monday, April 5. All those in favor of that motion, say aye.

Board: Aye.

Chairman: Thank you.”

Attest:

Elizabeth W. Corn, Clerk to the Board Grady Hawkins, Chairman