Many Bean Town Road campers are gone, but hazard remains

Nov. 1—An area the county refers to as the "Bean Town Road encampment" has been partially cleaned up by the Ot. 27 date set by a court order, but there are still three camper units remaining on property where there is no running water or sewer provisions.

County Attorney Frank Queen updated the Haywood Board of County commissioners on the issue at its Monday meeting.

"We're in a situation where it appears that the vast majority of loose trash, debris and people are gone from the site," Queen reported.

However the remaining campers continue to be a public health hazard, he said.

"We are seeking an order compelling the owner, Mrs. (Laurie Ann) Lukas, to appear before the court to show cause why she should not be held in contempt," Queen said, noting the county will continue to be involved until the area is no longer a hazard.

Jerry Garner, a resident of the Dogwood Lake community who lives directly across the creek from the encampment, addressed the board Monday and complimented them on their work.

Garner and a number of his neighbors attended a recent board meeting to complain about the ongoing problem with a large number of individuals "camping" on property that was within the flood plain, had no water and sewer services and only received electric power through an extension cord connected to Lukas' home across the road.

A Sept. 27 order issued by Senior Resident Superior Court Judge Brad Letts ordered that the electrical issue be resolved in two weeks or Lukas would face losing electric service to her home, and gave the landowner until Oct. 27 to rectify the remaining health hazards on the property.

Garner told the commissioners Monday that progress has been made, but there are still individuals living on site and campfires can be seen on the property at night.

In a later interview, Garner estimated between 30 and 40 vehicles still come in and out of the site between 11 p.m. and 3 p.m.

"On Tuesday night, they cleaned up about half the place and the gunshots stopped, the toxic burning smell stopped, but three campers are still over there with people living in them and that waste is going somewhere," he said.

While Garner is grateful so much has been accomplished, he said he returned to the commissioners meeting because there is still an issue.

"I'm very optimistic from what's already been accomplished, and I think Mr. Queen is on top of it," he said.

Following the meeting, Queen said notice to a property owner that he or she is facing a contempt of court action generally results in a situation being resolved.

"We're trying to get the last 20% of the problem corrected because if she doesn't have a legally valid reason for noncompliance, the court has the authority to ensure compliance. The usual method is to keep the person in custody until the problem is corrected."

The other issue that the court could address is why the problem wasn't resolved by the deadline, and that generally involves a financial penalty, Queen added.

Concerns were expressed about the fence that was built right up to the edge of the pavement, but Queen said the N.C. Department of Transportation only has a maintenance right-of-way along Bean Town Road, which means the fence, while unattractive, doesn't need to be taken down.

"There are a lot of ugly fences around Haywood County and there isn't a law against that," he said. "Cleaning up centers on state law and includes eliminating the public health hazard, which is allowing human habitation in a floodplain without a permit and discharging untreated human waste."