Go to the homepage for the Sylva Herald and Ruralite

Chairman responds to questions about sediment control ordinance

By Lisa Majors-Duff
Though Chairman Jay Denton rescheduled discussion on the county's proposed sediment control ordinance for July 22, he still fielded questions on the topic from audience members during the July 6 meeting.

The main concern of those who spoke last week seemed to be the potential for increased liability the ordinance might pose for contractors hired to do project site work. As an example of this possibility, Danny Holden of Cashiers cited the recent civil court decision against Highlands Cove Country Club, whose owners were found liable for damages to a neighbor's property caused by dirt runoff during construction of a golf course.

"Highlands Cove had to pay $500,000, but they did everything the state asked them to do," Holden said.

Both Denton and county attorney Raymond Large assured Holden and others concerned about liability that the local ordinance, if approved, would do nothing to increase a contractor's chances of being sued.

"It's the property owner who is ultimately responsible," Denton said. "We want to take care of local problems with local laws."

Since the proposed ordinance nearly mirrors state statues concerning sediment control, nothing about the local law would increase the liability faced by a contractor, Large said. "I just think that a lot of people will be put out of business (by the ordinance), especially in the southern end of the county," Holden said.

Denton countered by predicting that the ordinance would actually result in additional revenues for contractors, who would be required by the ordinance spend more time on a site to assure the new guidelines are in place and working.

"We have no intention of ramrodding this (ordinance)," said Denton, "but we have every intention of controlling sediment."

The county's 2000-01 budget includes funds to hire an additional employee to administer the sediment control ordinance, should it be approved. The reason for further discussion on the issue July 20, Denton said, is to ensure "we've got something that's doable."

Jackson County's proposed sediment control ordinance failed to be approved by a vote of 3-2 on its first reading June 15. A unanimous vote is required to adopt an ordinance on its first vote.

In other business to come before the board, commissioners heard an update from architect John Cort on renovation progress at Smoky Mountain High School. They also named Chairman Denton the voting delegate to the N.C. Association of County Commissioners' annual conference in Durham in August.

Denton reported that most county offices are now accessible by email by using an employee's first and last name, followed by @jacksonnc.org.

Commissioner Roberta Crawford commended Recreation Department Director Jeff Carpenter for the work his office did on the Fourth of July celebration in downtown Sylva.

JoAnne Caruso of Webster was appointed to the Jackson County Public Library board of trustees.

Back to Archive: 07/13/00.