TWSA delays rezoning request

By Lynn Hotaling

Expected to appear to request rezoning of a portion of the Lois Morris property in Moody Bottom, Tuckaseigee Water and Sewer Authority officials said the real estate agent handling the sale did not complete paperwork for the rezoning request in time for the meeting.

In anticipation of TWSA's request, adjoining property owners Kevin and Laura Pennington presented town board members with a list of reasons why the Morris property's zoning classification should remain residential.

Any non-residential activity on the Morris property would affect their quality of life, negatively impact the value of their property, alter the character of the neighborhood and materially diminish the property values within the surrounding areas, the Penningtons wrote.

Laura Pennington thanked town board members for allowing them to speak and said she understood there would be opportunities for public input before a decision is made on the expected rezoning request.

"We feel comfortable with the processes in place," Laura Pennington said. "We feel very strongly about this issue, and we're prepared to be involved."

The Herald learned last month that TWSA is interested in locating its offices on a portion of the 4.5-acre Morris tract, which is owned jointly by siblings Donna Cogdill, Joy Haskett, Carla Hudy, Holly Cogdill and Clay Cogdill. The Cogdills inherited the property from Morris, who was their great aunt.

TWSA board members voted unanimously Sept. 4 to pursue purchase of a 2-acre portion of the tract. The deal is contingent on the town of Sylva rezoning the parcel, which fronts Skyland Drive, for commercial use.

Authority members agreed to pay $250,000 for the 2 acres. The Cogdills, who initially asked $275,000, rejected TWSA's first offer of $240,000, King said.

TWSA's three member land committee ­ King, Marion Jones and Keith Ward ­ was expected to attend last week's meeting of the Sylva Town Board to support the rezoning request.

Sylva leaders three years ago refused to grant a similar rezoning request from TWSA. The authority asked town leaders to reclassify a 7.44-acre Savannah Drive tract from R-1 to I-1 (light industrial) to accommodate TWSA's headquarters.

TWSA bylaws provide that the authority's business office must be located within Sylva's town limits. TWSA board members voted in June to amend those rules in order to relocate outside Sylva.

But because any change to the authority's bylaws must be approved by each of the government entities that formed TWSA 10 years ago (Jackson County and the towns of Sylva, Dillsboro and Webster), Sylva officials were able to thwart the authority's effort to relocate outside the town limits.

In other business Sept. 6, Sylva leaders, upon the advice of their attorney, rejected garbage hauler GDS's request that the town enforce GDS's exclusive franchise to haul commercial solid waste in the town of Sylva.

A 1997 contract between the town and GDS gives the Hendersonville-based company an exclusive right to pick up commercial trash within the city limits and states the town is responsible for enforcement.

However, town attorney Eric Ridenour expressed the opinion that such an exclusive franchise is not enforceable because the town has no financial interest in the matter. Under the terms of the agreement, individual businesses pay GDS to remove their trash.

Ridenour cited a recent federal case from Kentucky that indicated such exclusive franchises are unconstitutional.

GDS officials have complained that Country Collections, the Cullowhee company paid by the town to collect residential solid waste, is soliciting commercial business as well. Also Sept. 6:

­ Town board members learned that the cost of work to bring Cowan Street up to standards is estimated at $250,000, according to an engineering study by W.K. Dickson of Asheville. Action on the report was postponed until the town's street committee can study the report and prepare a recommendation.

The study was prompted by a request from Sylva United Methodist Church that the town close Church Street, which connects the upper portion of Cowan Street with Jackson Street, to allow for future church expansion. Several town board members have expressed the opinion that Church Street cannot be closed unless the lower portion of Cowan Street is improved to the extent it can provide an alternate route for emergency vehicles.

Four members of Sylva's board ­ Norma Lee, Lynda Sossamon, Maurice Moody and Audrey Tritt ­ are members of the church.

­ Board members decided not to pursue condemnation of Charmie Cooper's property to accommodate the sewer line under construction along N.C. 107. Instead, project engineers will reroute two segments and bypass Cooper's property. Relocation of the line will cost some $5,000, said town clerk Tommy Thompson, but the cost of condemnation would be at least as expensive.

Cooper will be will be asked to sign a waiver that stipulates the property owner will bear the entire cost of future sewer service if it's added later.

­ With regard to parking on Mill Street near Cope's Superette, board members delayed a discussion until its street committee brings a recommendation. Angled parking has been suggested to eliminate double-parking in that area.

­ It was announced that Poteet Park will be closed the week of Sept. 17 for annual maintenance.

­ John Kevlin, owner of Metrostat Technologies, thanked Sylva's board members for providing handicap access to his Schulman Street business. Town crews extended a sidewalk last week to accommodate Kevlin's handicap ramp.

"I've been in business in this county for 13 years and this is the first time I'll be able to offer my customers an accessible facility," Kevlin said.

Back to Archive: 09/13/01.