Town leaders schedule hearing to discuss status of Davis Street

By Lynn Hotaling

With the matter unresolved at the end of some 30 minutes of discussion, town leaders scheduled a Thursday, Feb. 7, public hearing to take additional comment on the street's status. That hearing will be at 6:30 p.m. prior to the board's next regular meeting.

Morris Street residents Jack and Marian Garrett, who would like to use a portion of the Davis right of way to access property they plan to develop, told board members last week that a portion of Davis was left open when Sylva leaders closed the street in 1986.

"We need verification from you all as to what is closed and what is open," Marian Garrett told board members.

Minutes from the June 5, 1986, Sylva board meeting indicate that a motion to close Davis Street was approved unanimously and that a 37-foot section was to remain open.

Minutes from a May 13, 1986, special board meeting indicate that then-Mayor T.C. Lewis stated an objection from Joe Hedden to closing Davis Street.

Former Mayor Lewis said Wednesday that he remembers Joe Hedden's objection to the street closing and reaching a compromise that satisfied the parties involved.

"As best I can remember, Joe objected, and we compromised and left 37 feet open to give the Heddens access to their property," Lewis said.

The current ambiguity about the street's status arises from the fact that the order to close the street doesn't reflect the minutes, said Sylva town attorney Eric Ridenour.

"The property the Garretts would like to develop is a portion of the former Jeff Hedden property.

"The only person that objected to closure of Davis Street was Jeff Hedden," Sylva zoning administrator Jim Aust told the Garretts. "The problem is a fallacy on city hall's part in describing what was approved. The way we figure, the intent was to keep 37 feet open to give Jeff Hedden - and now you - access to the property."

Confusion over the status of Davis Street arose after town officials received a request from Mike and Carolyn Colton to close the unconstructed portion of Morris Street.

The Garretts oppose that action on the grounds that with the ambiguity surrounding the status of Davis Street, the existing Morris Street right of way may provide the only access into their undeveloped property.

Aust recommended in December that board members table action on Morris Street until the status of Davis Street could be clarified. Board members agreed last week to again postpone a decision on Morris Street.

Controversy in Possum Holler first surfaced in October, when town leaders placed a 120-day moratorium on modular housing in the town's most residential districts. That action was taken after board members received a petition from residents in the neighborhood, which is bounded by Morris and King streets, objecting to the appearance of a modular home erected by the Garretts last year. The Garretts obtained a building permit to erect a similar home prior to the enactment of the moratorium.

Neighbors object to the existing modular because it has the appearance of a doublewide trailer, which would not be allowed in R-1 districts. Town board members enacted the moratorium to give Sylva's planning board time to revisit the issue and refine the description of the types of modular homes permitted in R-1 districts.

In other business Jan. 2:

- Larry Barthelemy of Cavanaugh & Associates, engineers for the Moody Bottom sewer project, reported that plans for the new sewer line have hit a snag.

District officials with the N.C. Department of Transportation have stipulated that ductile iron sewer pipe rather than PVC plastic pipe must be used if the pipe is buried under a road. Switching to iron will increase the cost of the project by some $20,000-30,000, Barthelemy said.

Another potential added expense is the DOT stipulation that the entire trench under the road must be filled with stone. Initial plans utilized stone for the first few inches then filling with the dirt that was removed from the trench, Barthelemy said.

Using only stone to fill the trench, which will be about 6 feet deep, would increase the cost of the project, Barthelemy said.

The use of PVC pipe and dirt fill is approved by state-level DOT officials, Barthelemy said, but each district can enforce its own stricter standards. The engineer suggested town officials discuss the matter with local DOT officials.

Board members voted Oct. 3 to extend sewer access to the Moody Bottom area. Preliminary estimates placed the project cost at around $525,000.

- Sylva Fire Chief Mike Beck asked board members about discussions last June of a bonus for firefighters when town officials decided to discontinue paying water bills for active fire department members.

"We thought we'd see where you all stood," Beck said.

Sylva Mayor Brenda Oliver told Beck that budget constraints were the reason nothing had been done.

"We had to borrow money from the fund balance to balance the budget," she said. "We couldn't (give firefighters a bonus) this year. We'll look at that in the future and try to find a way to say Œthank you.' It's not because we don't appreciate you."

- Board members postponed making an appointment to the Tuckaseigee Water and Sewer Authority board until next month.

Mayor Oliver said current town appointee Ronnie DeHart was willing to continue on the TWSA board, but town board member Eldridge Painter objected on the basis that DeHart does not live in the Sylva city limits.

"Ronnie does not live in the city limits, and I cannot support him," Painter said. "My thinking is that all appointees should live in the city limits. That's my opinion and my only reason - Ronnie's a fine fellow."

Board member Audrey Tritt placed DeHart's name in nomination, saying that he had represented the town well and was very Sylva-oriented due to his four years as a member of the town board, but the nomination died for lack of a second.

- Board members scheduled a planning retreat for Saturday, Jan. 25, from 9 a.m. until 2 p.m. at the home of Mayor Oliver, 136 First Ave., Sylva.

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