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Letters to the editor: 09/04/03

Officials were elected to serve public good

To the Editor:

It has become increasingly apparent that the verdict is in. The residents of Jackson County are overwhelmingly opposed to the construction of the Southern Loop.

Clearly the most positive outcome of this controversy is that it has become a source of community unity. Old-timers and newcomers, business owners and customers, and persons of all party affiliations have joined together to make known in a clear and unambiguous manner that this project will have a destructive impact on our personal property, our environment and the very way of life that we cherish.

But unlike juries whose findings are binding, the verdict in this matter will be determined not by citizens but by invisible bureaucrats and legislators whose names are generally unfamiliar to us, but whose influence is considerable. Who amongst us really know key decision makers in Raleigh and Washington who are empowered to make decisions that will bring about irreversible consequences to the good people of our county?
That said, all of us must understand that the political process will likely be our only recourse to stop the madness of this ill-conceived project.

While we may not enjoy relationships with these invisible bureaucrats and legislators, we do know our locally elected official in whom we have entrusted our welfare and future. No state agency or appropriations committee in Raleigh or Washington would dare support this project over the publicly-stated objections of our town boards and county commissioners. The reality of politics militates against such a prospect.

The history of American politics is replete with examples of elected officials who, after turning deaf ears to the cries of their constituents, were quickly returned to their ranks. Our thanks must be made known to those of our elected officials whose efforts to derail this project are already on the public record. Our expectations must be made known to those who have chosen silence, and our support for emerging candidates supportive of our positions must resonated from one end of our county to the other.

This project can be stopped, and it will be when every elected official who serves at our pleasure is reminded of why they were elected, and by whom.

Robert S. Warshaw
Sylva

Proud of county's volunteers

To the Editor:

I recently drove past the Savannah Fire Department just in time to see our fire chief busting out of the building. In a rare moment that is out of his character, he did not wave.

A short ride down the highway I saw why: A traffic accident that appeared to be serious. Several responders were already on the scene, and I prayed for the situation as I drove on.

Farther down the road I saw a scene not uncommon in our community: Pickup trucks with red lights flashing racing to the scene of an emergency.

But today was different. It was noon on a Monday and some of those trucks were dragging trailers loaded with work equipment. Some of those trucks were driven by men in uniform shirts representing the jobs they had left behind to respond to the accident.

Then it hit me: These are regular guys who work hard to take care of their families, but they are willing to stop on a moment's notice to take care of complete strangers. With that thought, I cried.

Good job, Darrell, and all you guys whose names I don't know. I'm proud that you are my neighbors.

Maureen Bishop
Sylva

School system problems are not 'bad luck'

To the Editor:

I was told recently that one of the unapproved programs being taught at the high school was terminated. Thank you. Someone in school administration is on the ball. Emergency medical technician is a course best taught at Southwestern Community College so students at the high school-level can concentrate on the broader prospective of all career opportunities in the health care field.

Regardless of this good news, it appears our school board and superintendent continue to do nothing. Weeks have past with no word from our school officials on the leadership and culture crisis at Smoky Mountain High School.

Dr. McCary has granted interviews to the Asheville Citizen-Times, talking about the run of "bad luck" we've had in recent times with sexual scandals, but not a word has appeared in The Sylva Herald. The people we elected to office would rather shuffle routine paving and roofing issues than handle the real problems, problems that should concern all of us.

Our current situation is not a "run of bad luck," as Dr. McCary told the Asheville newspaper. It is the accumulation of bad organization and personnel decisions made by superintendents and school boards going back to the 1980s.

The chickens we hatched are coming back to roost. From the time we consolidated the Cullowhee and Sylva Webster high schools, we have been on a path of political correctness rooted in New Age, pop culture, feel-good philosophy. We were duped into thinking we should scrap the old model of history, tradition and reputation established by Sylva Webster High School so we could adopt a new, more progressive one. We were sold a pig in a poke.

Our school administration must get on with the business of correcting the mistakes of the past and stop ignoring or denying that we have big problems in our school system. Bad luck hasn't brought us to this point.

The citizens of Jackson County pay Dr. McCary around $100,000 a year to solve problems and make decisions. We put people like him in the top 1 percent of all wage earners in this county so they can make a difference in our lives and the lives of our children.

If Dr. McCary doesn't have the tools he needs to succeed, he needs to tell us. I hear the working relationship between the superintendent and the school board is terrible. If Dr. McCary has a do-nothing board to work with, we need to know so we can fix it.

California is not the only place in America where election mistakes can be fixed. On the other hand, if the school board has a superintendent they can't work with, they have the power to replace him with someone else.

If personnel laws in North Carolina prevent us from hiring the right people to teach our kids, tell us so we can help fix that. The bottom line is we need results, not excuses, or in this case, inaction.

The plane we are in is still spiraling toward earth. Someone needs to jump back into the cockpit and pull us out of this dive and onto a better path to the future.

Ronald L. Bumgarner
Sylva

Ordinance represents 'failure to plan'

To the Editor:

"Failing to plan is planning to fail." So said a gentleman who spoke in favor of the Cashiers Commercial Zoning Ordinance. It was as if the mere invocation of this snappy aphorism would in and of itself convey meaning and importance to an action that was more political self-indulgence than considered planning.

In an editorial last week, The Herald applauded the commissioners for their actions. The editorial asserted that in spite of significant and vocal opposition to the ordinance, its passage would offer guidance and direction in growth and that it would harm no one in the process.

Unfortunately both those statements are open to dispute; they are the result of wishful thinking rather than careful consideration of the consequences of the ordinance.

First let's consider what the ordinance won't do. It will not prevent Bi-Lo or Lowes from locating in Cashiers, even within the designated districts. You cannot exclude commercial or retail businesses from a retail or commercial district.

While the ordinance purports to offer controls through size limitations and aesthetic guidelines, the fact is that those guidelines can be challenged and varied. Furthermore, a large concern like Lowes is often willing to adapt to reasonable community guidelines voluntarily. This ordinance will be less than a speed bump if they really want to locate here.

The ordinance may also not prevent several businesses that had been in the planning stages from locating within the district and they may be able to do so without regard to the provisions of the ordinance. Those who support the ordinance have been quick to say that it "grandfathers" existing uses. That is true, but what is also true is that under the principle of vested rights those property owners who have made progress and effort in developing a project may also be grandfathered. This means that those who have already obtained building permits may continue with their original plans, but it also may mean that those who have yet to obtain a permit but have incurred expense in the furtherence of their project may also be able to proceed unimpeded by the ordinance.

One of the primary reasons given for rushing through this process was that the ordinance needed to be in place before the Tuckaseigee Water and Sewer Authority expansion project. There is a very real possibility that development opportunities that were waiting for TWSA may in fact have sufficient grounds and planning to claim vested rights and thereby avoid consideration under the guidelines established by the ordinance.

The ordinance will also not prevent sprawl and in fact may even encourage it. Those who wish to site a business in the Cashiers area may choose to avoid the burdens of the ordinance and move further out on routes U.S. 64 or N.C. 107. The small-town feel that is so treasured may actually be threatened by these regulations as the strip mall mentality of Atlanta takes hold.

Commissioner Cowan contended that there was nothing in this ordinance that could harm anyone, yet the very act of proposing the ordinance has done tremendous damage, not only in Cashiers, but throughout the county.

The deep divisions that have been evident within the Cashiers community for a long time have been opened even further. Instead of healing a community, this ordinance attempts to protect the economic interests and the aesthetic sensibilities of a few.

The issue of zoning is contentious and controversial. It is a genie that cannot be put back into the bottle, and once raised it threatens to suck the life out of any constructive discussion about planning and land use. While this ordinance may actually have some marginal use, it may also have little impact or actually have adverse consequences. For what good it may do, the costs, as evidenced by the greater division and polarization of a community, are far too high, especially in light of a process that ignored alternatives and sought a conclusion over consenus.

This ordinance is not an example of planning but is representative of our failure to plan. It is another graphic demonstration of our willingness to accept expedience and short term interest in place of vision.

This ordinance was not presented in the context of a plan or a vision for Jackson County. It was not presented as a step in an overall process that was reasonable and thoughtful. At best it was a selfish and self-indulgent attempt to narrowly address the interests of a segment of a community without consideration for any greater consequence.

Mark Jamison
Cullowhee

Editor's Note: Jamison is chairman of the Jackson County Smart Growth Task Force.

EPA illegally redefines 'routine maintenance'

To the Editor:

On Aug. 27, the U.S. Environmental Protection Agency took an action that has been widely anticipated for more than a year by industry and environmental groups alike.

The EPA finalized a rule change that redefines "routine maintenance" in the New Source Review provision of the Clean Air Act for factories, refineries and power plants.

This action will allow for the perpetuation of grandfathered status for thousands of polluting industries across the country and will almost certainly result in higher levels of emissions from smokestacks.

These industries can now replace up to 20 percent of each facility every year without having to install modern emission control systems. After five years a factory or power plant can be completely rebuilt and these upgrades would fit the new definition of "routine maintenance."

This action by the EPA is illegal according to many constitutional law experts. The EPA has clearly disregarded the legislative intent of the New Source Review provision of the Clean Air Act.

The intent of the law is that grandfathered power plants and factories would all eventually be brought up to modern emission control standards as the plants themselves were modernized and expanded. This new rule change negates that trend creating grandfathered status in perpetuity.

Only an act of Congress can legally redefine the provisions of a law in such a sweeping manner. But, unless the EPA's action is successfully challenged in court, or overturned by Congressional action, the new rule will stand.

The Canary Coalition intends to mobilize all its resources, contacts and energies to overturn this illegal EPA action.

Under Section 10 of the N.C. Clean Smokestacks Act, state officials are obligated to use all available means to protect our state from air pollution originating elsewhere. This EPA ruling clearly threatens North Carolina's air quality and should be directly and immediately challenged by our state officials by filing a petition for review with the U.S. Court of Appeals.

We call upon North Carolina city and town councils, county governments and other local officials to send resolutions and letters to the N.C. Attorney General's office urging a lawsuit be filed against the EPA's decision. Further, we urge local governments to consider filing petitions for review, independently, with the U.S. Court of Appeals, against the EPA's action.

We call upon the N.C. Division of Air Quality to advise the Attorney General's office to take immediate legal action against the EPA's decision. We call upon the governor of North Carolina to direct the attorney general to take immediate legal action. We call upon the attorney general to immediately state his intent to challenge the legality of the EPA's "routine maintenance" ruling by filing a petition for review with the U.S Court of Appeals.

We call on the citizens of North Carolina to advise their state government officials that they are responsible for performing their duties under section 10 of the N.C. Clean Smokestacks Act. North Carolina is obligated to legally challenge the "routine maintenance" change to the New Source Review provision of the Clean Air Act.

Further, we call on all members of North Carolina's congressional delegation to co-sponsor legislation that will overturn the "routine maintenance" rule change. This legislation should include an investigation into the misuse of power by the EPA and the current administration in over-stepping its constitutional authority by illegally altering congressional law and endangering public health under the heavy influence of large industrial political campaign donations.

Avram Friedman
Executive Director
Canary Coalition
Sylva

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