Letters to the editor: 11/01/01

ETJ is a bad law

To the Editor:

Albert and Mary Wilson live in a subdivision off Lyle Wilson Road. The land came down from Albert's daddy. There's five houses plus the Wilson place, and the lots, except for 7 undeveloped acres, all have restrictions on them.

The Wilson's don't want to develop the 7 acres and they aren't particularly fond of apartments. But more importantly, the Wilsons and their neighbors don't want or feel they need the Village of Forest Hills telling them what to do.

The Wilson homeplace has been there before Forest Hills existed back when it was the old Cox farm. They've been there a long time and they just want to he left alone along with their neighbors.

The neighbors in the subdivision got together and told Forest Hills this. I heard Mrs. Wilson speak at the ETJ public hearing. She is a kind old woman who wants folks in the village to understand that she and her family and neighbors are no threat to the village. The neighbors got together and signed a petition asking Forest Hills to just please leave them alone.

And the village council dismissed these people without even listening to them. They included them in their ETJ regardless of the fact that they pose no threat and in spite of the fact that they find the concept of ETJ frightening.

At the public hearing over ETJ a soon-to-be-village council member of Forest Hills stood up and said that because the folks in Forest Hills couldn't afford to live in a gated community, the state should allow them to zone and exclude to protect themselves. The same man once said at a planning board meeting that those folks in the communities surrounding Forest Hills were anarchists because they didn't agree with the concept of ETJ.

It's no wonder that these folks feel the need to protect themselves. How can you possibly feel secure when you can't begin to understand the idea of being and having a neighbor? How can you possibly feel safe when community is defined by ordinances and regulations and not by people and relationships? When the value you hold most dear is property value?

The folks in village government in Forest Hills would have you believe that the subdivision has been there forever, before there were students and apartments and trailers. They would have you believe that their lives are ruined on a nightly basis by those students and trailers and apartments. They would have you believe that they are especially entitled.

The fact is that the apartments and student housing grew up along with the subdivision. The fact is that the supposedly intolerable noise is limited to a few weekends a year and that the sheriff has been very cooperative when called. And the fact is that Forest Hills is no better or worse than the Speedwell, Long Branch or Lyle Wilson communities and that they should have no power to control those communities.

Forest Hills said they only wanted "ridgetop to ridgetop." Forget for a moment that they originally and intentionally left out many of the properties they now seek to control because there weren't enough votes for incorporation. Based on the way Forest Hills has treated the Wilsons and their neighbors, can anyone believe they will stop at "ridgetop to ridgetop?"

ETJ is a bad law. It gives incorporated communities such as Forest Hills the right to regulate and impose restrictions on their neighbors up to one mile from their border. Forest Hills can do this regardless of the fact that it provides no services; it's sole intent is to regulate, restrict and exclude.

The law should be changed. A study bill has been introduced in the State House seeking to limit the use of ETJ. Please call Representatives Phil Haire and Marge Carpenter and Senator Dan Robinson and ask them to support changing this law.

Mark Jamison

Cullowhee

Praying commissioners will protect us

To the Editor:

While citizens of other Jackson County communities hopefully were able to enjoy this beautiful October weekend's weather, Mr. Garst made good his threat to bring his helicopter back and made life generally miserable for folks located around his sight-seeing helicopter operation in Qualla community.

The sight-seeing helicopter business is located in the Cherokee area on approximately one-quarter to one-half acre of deeded land near the bridge leading to Harrah's Cherokee Casino. Because the land owned by the business is so small, the helicopter must use airspace over surrounding properties, businesses and homes for take off and landing.

During the spring, summer and fall seasons, and some of the winter months, citizens of Qualla community deal with excessive noise, fumes, safety issues and lack of privacy caused by Mr. Garst's helicopter. Conversations must stop, people who work nights cannot sleep days, and occupants of the helicopter are constantly overhead observing the homes and lives of the residents below.

Citizens whose lives are being disrupted and who can no longer enjoy their own homes range in age from newborn to elderly. Some have lived on their properties for more than 80 years. Most cannot afford to buy another home and move away from this nuisance - and indeed this should not be an option.

At this time, they are being held hostage in their own homes by excessive noise, fumes, privacy invasion and fear of a helicopter crash. As I write this letter, I sit at my computer and look out my bedroom window and watch this helicopter fly just at treetop level past my home.

Mr. Garst lives in another state. Through his representative at a commissioners' meeting, he stated that he had received only five complaints, that the helicopter flew from 2,000 to 3,000 feet in elevation, and that when homeowners asked him not to fly over their land, the pilot complied with their wishes. At least 300-plus citizens of Jackson County have found those statements to be totally untrue. Many times we have asked the pilot not to fly over our homes. We have pictures and video showing the helicopter at tree top level.

We rely on our elected officials to protect us from problems such as this, in this case a business owned by a citizen of another state whose helicopter terrorizes us with noise and fumes and steals our privacy in our own yards. We did not ask this business into our community, neither did the business owner ask us if we minded his helicopter using our airspace to take off and land and to constantly disrupt our lives. This sight-seeing helicopter is not merely a nuisance - it is a disruption to the lives of many of your fellow Jackson County It is our fervent wish the business be banned as it is in Haywood County and within nine miles of the park in Tennessee. We feel any restrictions made on this business need to include the owner having enough land to take off and land a helicopter without needing to use anyone else's property for that purpose. The restrictions need to include no fly-overs of homes and businesses, and there must be severe consequences to the restrictions not being followed.

We are counting on our commissioners to help us in this matter, and I sincerely believe that they will do so. Our mountains are known as a beautiful and peaceful place to live. With business practices such as the sight-seeing helicopter company continue to display, these mountains will no longer be known as peaceful. We have many scenic views such as the Dillsboro area and the waterfalls and lakes of Cashiers and Highlands. I hope all citizens are concerned enough to see that their community is protected from businesses that take the peacefulness from these mountains. Take it from the concerned citizens of Qualla community, you will be sorry once it is gone.

I believe the commissioners will do their best to ensure that our community and your community as well will be protected. I am praying they do.

Elizabeth Abbott

Qualla

Dentists should accept Medicaid

To the Editor:

People in Sylva have a challenge - of the more than 15 dentists in the area, none accept Medicaid.

In my opinion, Medicaid was started to help people with low income get the help they need. But if no one accepts it, how is it helping? I have done research and I found that the closest dentist that accepts Medicaid is in Asheville, and that's only if you need dentures. For other types of work, you have to go to Fletcher or Charlotte.

In addition, almost 95 percent of all physicians accept Medicaid, and it is a crying shame that dentists don't. I think the reason is because they don't get paid what they want. Medicaid has a set payment on what work is done. For example, if someone gets a tooth pulled, Medicaid pays $100, but the dentists want $300.

In conclusion I just want to say that I promise the dentists you will make a lot of money and have more patients if you would all get off your high horse, accept Medicaid, and help others less fortunate than you.

Crystal Wood

Sylva

Say 'no' to industrial encroachment

To the Editor:

When we bought our property along Skyland Drive, we bought it in good faith that it was and would remain a residential area. I now know that it was naive to think that the zoning ordinances were established and not open to discussion.

Well, in these past few months I have learned a few lessons about zoning ordinances in general and unfortunate truths about human nature in particular. The lessons about human nature have left me feeling a little sad.

I am sad that some people can become so blinded by their personal wants that they become willing to make deals with big groups that could impact the quality of life for all homeowners who live in the residential area along Skyland Drive. However, the people who want this deal don't plan on living in the fractured neighborhood that their actions might create. We do.

Like most people in Sylva we considered our house our "home." This home is where we have planned to establish a life where we can continue to be contributing members of society. We ask for no gifts.

I am sad for us as a town for having to face this issue on a seemingly periodic basis from the same group. This is at least the second time Tuckaseigee Water and Sewer Authority has indirectly arranged to ask the town Board of Sylva to change a residential area to conform to their needs and desires. TWSA doesn't seem to care that if these changes happen, any hope for smart growth and development in Sylva is lost forever.

Just as obvious, TWSA does not seem to care about the larger sense of community or they would find land in Sylva that is appropriate for their needs that is not located in a residential area. Perhaps the saddest comment of all is that TWASA does not seem to care that this action contributes to the perception that those with enough money and influence can change what ever they want to change.

At this point it would be easy for us to become despondent and say, "Well, I guess this really doesn't matter. This house is just a possession, we can find another place to live and it, too, will eventually become home."

But it does matter. It matters to every family living in a residential area in Sylva. It matters to the town of Sylva and the way she will be perceived by all other towns in our region. It matters to every child who looks to us to provide leadership for a bright future in Sylva. It matters to every person who has ever felt like they have no say in the way things work. It matters most of all to the person who might never be able to express in words, but knows within their heart that wealth and might does not constitute right. So it does matter.

A meeting will be held at 5:30 p.m. today (Thursday) in Town Hall to determine the outcome of the proposed change to our residential area. Please join us in fighting this attack on our homes and neighborhoods.

Sincerely,

Kevin Pennington

Sylva

Sylva spending money unnecessarily

To the Editor:

Two more proposed street closures in Sylva were mentioned in last week's Sylva Herald. Half of an engineering study performed on an alternative route was paid for by the town.

If an engineering study instead of a "good ol' boy network" study had been done on Broad Street, thousands of dollars could have been saved on attorney fees. It would have also helped to prevent some of the numerous accidents that have occurred at the Bridge Street intersection with Main Street due to the Bridge Street closing. All 26 families and six businesses now use a one-lane alley for access.

I have incurred expenses totaling more than $20,000 in my attempt to keep Broad Street open, and the question is not settled yet. After reviewing my outrageous tax bills, I wonder how much of my tax money has been used by the town to assist the local bar's parking dilemma.

The town filed a claim against me for recovery of attorney fees it has incurred so far in the lawsuit involving Broad Street. When I requested that the town provide me with the amount it had spent on the case, a representative refused despite three written requests.

The presiding judge at the time instructed the town to provide the information or drop the claim against me; the town chose to drop the claim. Is this standard practice for the decision-making in the town of Sylva?

Wayne Smith

Sylva

In observance of 'National Shelter Appreciation Week'

To the Editor:

Nov. 4 begins "National Shelter Appreciation Week" as designated by the Humane Society of the United States.

I would like to challenge the residents of Jackson County, especially those who designate themselves as "animal lovers," to find out what they can do help the shelter in the tremendous task of taking care of the county's unwanted animals.

Surely with the resources that we have here in Jackson County, we can improve the statistics our shelter has had in the past. The shelter euthanizes between 500 and 600 animals a year because there are not enough homes for them, not because they are unadoptable.

I suppose it's easy to make up a happy ending as one leaves, but the grim statistics are that the animal will probably be killed. So I challenge the people of Jackson County to find homes for the animals that no longer "suit your lifestyle." Better yet, think about the commitment before you get a dog or cat. It is for the lifetime of the animal 10-15 years. If that is too long - get a hamster.

If you love your dog, leash your dog. I know this is controversial in these parts because "this is how we always did it!" But the number of free roaming dogs and cats is increasing exponentially as more and more people move into the area.

Many of these animals are allowed to run loose, unspayed and unneutered, adding to the problem. Those with male dogs figure it's not their problem. Most of the dead dogs on the side of the road are unneutered male dogs. What's more, an unneutered male dog can roam for miles marking "his territory." Depending on the breed(s), the results can be disastrous for the young child or small pet that wanders unknowingly onto that territory. I hope that we do not have to wait for a disaster to happen before we address the problem of unleashed dogs.

Many of the shelters in the country are adopting a no-kill policy. This will only work if there is cooperation from all the residents. If no one cares, it won't happen. If we all care it is a possibility. As long as there are animals out there that nobody wants, the county health department has no choice, but we as residents of Jackson County can make that choice. If a large city like San Francisco can do it, we can too. Call the shelter 586-6138 to find out how you can help.

Jane Finneran

Sylva

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