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Smith asks officials about procedures

By Lynn Hotaling
A local businessman last Thursday (July 6) questioned Sylva officials about the way the town conducts business.

Developer Wayne Smith questioned board members about town fees, waste removal and procedural matters in an attempt to find out, as he termed it, "what rules the town follows." Smith's procedural question was the most controversial and led to a heated debate. As he has done on at least one previous occasion, Smith asked Mayor Brenda Oliver what rules the town went by in conducting its business. Oliver replied that Sylva's charter specifies "Robert's Rules of Order" as a guide to procedures.

Once it was established that town officials used "Robert's Rules," Smith brought up an objection he first raised in March - the fact that Oliver spoke for the town about the status of Broad Street through an affidavit taken for a suit filed against Smith by adjoining property owners James and Marie Searcy.

Smith asked the board last October for a ruling on a portion of Broad Street that is shown on some maps but was never constructed. Board members postponed a decision pending the outcome of litigation between Smith and the Searcys.

The statement Smith objects to reads: "As Mayor of the town of Sylva, on behalf of the town, this is to verify that the town does not claim that Broad Street extends from points marked A to B on the attached map." (Point A is at the edge of the Searcy's property and Point B is on Smith's property on the accompanying map.)

Smith said that by allowing the mayor alone to address a topic that had been tabled, rather than bringing that matter off the table for discussion, the town violated "Robert's Rules." The Searcys dropped their suit in March after a court decision that Broad Street was a town street and that Smith had the right to use it.

Following an April 6 public hearing during which every property owner except Smith indicated they wanted the road closed, town board members voted to close Broad Street at First Charter Bank (the former Community Bank) where town maintenance ends.

Smith is currently suing the town and several Broad Street property owners for allegedly destroying his plans to build a trailer park on property that he intended to access via Broad Street.

Another Smith inquiry concerned the privilege licenses the town requires of those doing business within the city limits. Trailer park owners like Smith are required to purchase the licenses, while apartment complexes are not, he said. Smith asked for an explanation of how the charges are figured.

Mayor Oliver told him that the decision on who paid the privilege fees was made at the state level. The mayor said she had called the Institute of Government but had gotten no in-depth explanation of the fees.

"A schedule is established by the state as to what type of businesses we can charge and what amount we can charge them," town clerk Tommy Thompson said.

Smith's other question involved waste removal. He asked town officials to remove some stumps and brush from his property as he said the town has done for others. He tried to burn the debris, he said, but was unable to obtain a burning permit.

Stump removal is a service the town offers residents but not businesses, Thompson said. Board member Maurice Moody said that if such services had been performed for businesses, it had been done in error.

"If we've made a mistake, we owe (Smith) an apology," Moody said.

Smith estimated that he has some 40 to 50 tons to dispose of and said he would haul it if the town would give him somewhere to put it.

It was suggested by board members that Smith haul the waste material to the county-run landfill in Dillsboro, but Smith was reluctant to pay the $20 per ton fee when he said town personnel had hauled away material for other business owners.

Board members voted to deny Smith's request and take steps to ensure that in the future the town does not provide such waste removal service to any business owner.

"If in fact (the town provided) that service to businesses, it was in error. I agree that if we do it for one, we have to do it for all, and I don't think we can afford to do it for businesses," Moody said.

In other matters July 6:

- Sylva's zoning administrator will add town fire inspections to his responsibilities, Oliver told board members last Thursday (July 6). Jim Aust, Sylva's zoning administrator for the past 18 months, has agreed to combine fire inspections with his zoning responsibilities on a trial basis for six months, the mayor said.

Sylva board members last month established a fire inspections schedule for structures located within town limits and voted to seek an inspector. The town recently received notice from the state's Department of Insurance office that proper documentation of Sylva's inspection schedule was not on file with that office. Sylva also is on notice with the state fire marshal's office.

The town has not had a fire inspector since Dale Nations resigned last year. Board members first discussed the possibility of Aust adding fire inspections to his duties at a work session in February.

- Turning to zoning matters, town board members approved board member Moody's recommendation to release town clerk Thompson as a voting member of Sylva's planning and zoning board and appointed Sylva businessman Eldridge Painter in Thompson's stead.

His position as town clerk had occasionally created a conflict of interest with regard to zoning matters, Thompson said. Though willing to continue to serve on the zoning committee, Thompson said he thought it was for the best if the town clerk were not a voting member.

Karen Martar and Aubrey Tippett, whose terms had expired, have indicated a willingness to continue on the zoning board and were reappointed. Another member with an expired term, Lee Ewart, will be contacted to see if he wants to remain on the zoning board. Other members are Mike Beck, Lauren Calvert and Larry Nestler.

Back to Archive: 07/13/00.