Voters in Jackson County will get to decide next year whether to allow alcohol sales countywide.

Four of the county’s five commissioners told The Smoky Mountain News this week they would support an alcohol referendum. The commissioners have not publicly discussed the issue yet, nor formally voted to put the measure on the ballot, but have confirmed their intention to do so.

“To me personally, alcohol sales mean nothing at all,” said Debnam, the driving force on the board behind the upcoming referendum. “But we’re going to give the people a choice.”

Still to be decided is whether the vote will be held in conjunction with the May primary or during November’s general election.

In Western North Carolina, only Buncombe and Clay counties currently allow alcohol sales countywide. Henderson County residents will vote on the issue in the May primary.

SEE ALSO: Poll results bode well for supporters of countywide alcohol sales in Jackson

Chairman Jack Debnam, and Commissioners Doug Cody, Charles Elders and Mark Jones said they would support the referendum. Joe Cowan did not return a phone message before press time seeking comment.

“We live in a democracy,” Cody said simply, on why he is throwing his support behind the referendum.

Currently, Sylva and Dillsboro have a corner on the market when it comes to alcohol. Given the long trek down twisty, narrow roads from Cashiers, its not surprising residents and businesses there are among the most eager to usher in countywide alcohol.

“I think it would be super for the economy of the Cashiers area,” said Sally Eason, owner of Canyon Kitchen restaurant at Lonesome Valley in Sapphire.

Restaurants could expect to see a boost to their bottom line — as will waitresses who get tipped based on a percentage of the bill — if alcohol hits the menus.

Diners will not only spend more, but will be more likely to go out in the first place, Eason said.

Now, people who want a glass of wine or a pint with their meal might opt to stay home and knock back a few while grilling out on the deck instead. But the absence of beer and wine from grocery store shelves is probably most irritating to those who don’t live close to Sylva — and even more so to second-home owners and vacationers bowled over by the concept of a dry county.

“A lot of our guests are from Atlanta, Charlotte or Knoxville. They have been a little a surprised at that. It is a turn off,” said George Ware, owner of The Chalet Inn bed and breakfast in Whittier.

Although Ware said he personally wouldn’t start serving up Mimosas with breakfast even if legally allowed to, Ware does believe a countywide vote is a good idea.

“I am happy to hear it is being considered. I think people should have the opportunity to vote on it,” Ware said.

Then there’s Cullowhee

A nod by voters to alcohol sales countywide could bring profound changes to Cullowhee, in particular. Western Carolina University lacks the typical array of bars and restaurants found in most college towns. But that’s because Cullowhee is not actually a town, and thus is dry like the rest of the county.

Curt Collins, who went to WCU and is now owner of Avant Garden, a community-based farm and event venue in Cullowhee, said alcohol is needed to spur economic development around campus, making Cullowhee a more vibrant community, and help create the college town other university’s take for granted.

“It would create a better atmosphere for new businesses and existing business who serve food and have entertainment,” Collins said. “There is so much evidence to show that will increase the local economy. It will create new business opportunities, and those will put people to work, and increase people moving their money around.”

To solve the problem of no alcohol, Former Chancellor John Bardo crafted a complex plan. He wanted the tiny nearby town of Forest Hills to first legalize alcohol sales and then expand its town limits to include parts of campus, hopefully paving the way for a vibrant college scene to spring up. He also wanted the Fine and Performing Arts Center and the sports stadium to be part of Forest Hills, so alcohol could be sold at events there as well.

Those plans have foundered with Bardo’s leaving, but are still percolating behind the scenes.

Countywide legal alcohol sales would likely make the issue moot, however.

SEE ALSO: The historical perspective: who’s dry, who’s wet

Jeannette Evans, owner of the Mad Batter Bakery & Café on “The Catwalk” near the center of WCU, said she strongly supports a referendum. But, ironically, she isn’t sure that she could, even if the referendum passes, legally sell alcoholic beverages at the popular Cullowhee establishment because the university owns the building.

“But it’s the right thing to let people vote on it,” Evans said.

Fears of chain restaurants flooding into Cullowhee if alcoholic beverage sales become legalized in the county are legitimate concerns for such buy-local proponents as Adam Bigelow. The recent WCU graduate and member of CuRvE, a group working to revitalize old Cullowhee, said that there were similar fears about Sylva when the sale of mixed drinks were legalized.

“But that really didn’t happen,” Bigelow said. “But, if they could go to Cullowhee and find a readymade thirsty market, that could be a problem.”

Still, overall, Bigelow supports the concept of legalizing alcohol sales throughout Jackson County as part of building the community’s economy.

Collins said it would just be more convenient if people didn’t have to drive to Sylva to buy a bottle of wine or a six-pack of beer.

“Students want to be able to walk or ride their bikes to the bar,” Collins said. It would be safer and reduce possible drunk driving between Sylva and Cullowhee by students.

Help everyone but Sylva?

Meanwhile, however, Haley Milner, co-owner of Soul Infusion Tea House and Bistro in Sylva, gets a lot of customers filtering down the road from Western College University. And on weekends, live bands clearly cater to that college crowd.

If new restaurants and bars opened in Cullowhee, Milner could lose some of that business, but said she would still support countywide alcohol sales. Besides, Soul Infusion might just move closer to campus.

“There is also the possibility that we could move out there ourselves,” Milner said.

Milner said her food is the top draw for clients, not beer and wine, but alcohol sales are important to the bottom line. And giving up that piece of revenue is a strike against moving to Cullowhee without it.

Although Sylva establishments might lose a little business if other restaurants serving alcohol cropped up around the county, the town of Sylva likewise would lose some of its ABC revenue.

The town runs the only liquor store in the county right now. Debnam said he would like to see a liquor store in Cashiers, another measure that would have to be included on the ballot and approved by voters.

“Obviously it would impact us greatly. We wouldn’t have the monopoly we have right now,” said Kevin Pennington, chairman of the Sylva ABC board. “If that’s what the commissioners want to do and what the people of Jackson County want to do, that is their total prerogative.”

Sylva’s ABC store netted $360,000 last year. The town split the proceeds with the county. Of the town’s share, a portion is reserved for the police department and the swimming pool, but the majority — about $130,000 a year — goes straight into the general budget to spend on whatever town leaders please.

Putting an ABC store in Cashiers might hurt Sylva’s sales some. But doing so would at least keep more of the money from liquor sales in Jackson County.

And Commissioner Mark Jones believes the amount gained could be substantial.

As it stands now, he said, Highlands in Macon County and Transylvania County capture a share of the Cashiers market, as does neighboring Georgia, draining both sales tax revenue and ABC profits away from Jackson. And many second-home owners have likely gotten in the habit of buying in their home state or town before they come to the mountains.

Jones is also bothered by what he considers the unfairness of certain private clubs in the area being able to legally sell alcohol while other establishments cannot. There are loopholes in the law for private clubs or restaurants tied to a golf course, development or resort.

Several in Cashiers have capitalized on the arrangement, but they still have to buy their liquor from the lone ABC store in Sylva, logging weekly trips down the mountain to get their stock.

“It is a two hour roundtrip, and you are putting that on top of the cost of the product,”

Time will tell

Ultimately, it’s simply up to the county’s just more than 40,000 residents to decide, the commissioners interviewed said, and to argue the pros and cons of their decision.

“Nobody can tell me the last time Jackson County had an opportunity to vote on the issue,” Jones said. “It’s only fair to put it out to the people.”

Commissioner Elders, arguably the most traditional member of the board, said he expects some backlash to his and the board’s decision from more conservative members of the community. But, like Jones, he said that he believes it’s important that citizens be allowed to make a decision.

“The fairest way of doing anything is to put it out there,” said Elders, who owns and manages a gasoline station near Whittier on U.S. 23/74. “And let the people decide.”

How the ballot would work

It might sound simple enough, but a vote over alcohol sales isn’t a plain yes or no question. At least not to the state of North Carolina.

Voters in Jackson County may face an arsenal of questions as they wade through exactly what form of imbibing should be allowed and where. Beer, wine, liquor — or all of the above? At grocery stores and gas stations, or only sit-down restaurants? And what about a liquor store?

“If they do everything at one time, it could be a very lengthy ballot,” said Lisa Lovedahl-Lehman, director of the Jackson County Board of Elections.

County voters will face a separate question for each type of alcohol and each way it could be sold.

Most towns that allow alcohol sales have warmed up to the idea gradually: first putting beer and wine to the test, later opening an ABC store for the public, but only recently voting in the sale of liquor drinks by bars and restaurants.

The mix of what’s allowed and what’s not can take many forms.

Dillsboro, for example, allows only beer and wine and only at restaurants. No mixed drinks, and no over-the-counter sales by gas stations or grocery stores.

The towns of Highlands and Franklin for years allowed wine, but not beer.

Meanwhile, Waynesville opened a liquor store for the public in 1967, but more than 40 years passed before you could buy a liquor drink at a bar or restaurant.

There are two ways to get an alcohol referendum on the ballot. One is a petition from 35 percent of the registered voters, a highly ambitious prospect.

The other is a vote by county commissioners to place it on the ballot.

A dire space crunch for Sylva’s police officers has been solved.

Jackson County will give the old library building on Main Street to the town for a new police department. In return, Sylva will give the county the former chamber of commerce building on Grindstaff Cove Road.

“One hand washes the other,” Commissioner Charles Elder said in summing up the deal. “Maybe some people will think we are giving too much for a lot less from the town, but it’s not just for (Sylva’s) benefit.”

The old public library has an appraised tax value of $796,000; the former chamber of commerce building was valued at $157,560. County commissioners met with town board members Monday to discuss the trade and voted unanimously to make the deal. Commissioner Joe Cowan was absent.

Town police are strapped for space in the current police department on Allen Street. Fourteen full-time officers (soon to be 15) and three auxiliary officers share just 1,000 square feet. The old library is 6,400 square feet in size.

“We’re not trading apples for apples, I recognize that,” Commissioner Mark Jones said before endorsing the deal as ultimately beneficial to both parties involved. “Let’s help each other out.”

Commissioner Doug Cody said he had some reservations, primarily because he’d prefer to see more retail business on Main Street.

“But I think we can probably work things out since we don’t have anyone beating our doors down to get that building,” Cody said.

County Manager Chuck Wooten confirmed Jackson County hasn’t received any inquiries from anyone interested in buying the old building. The library in June moved to a new location at the historic courthouse overlooking Main Street.

“We need the space, bad,” said Harold Hensley, a Sylva town council member, who added that the swap would also be good for the town and county’s overall relationship.

Chris Matheson, a former district attorney who sits on the town board, confirmed that prisoners would not be detained in that building. As takes place currently, any prisoners detained by police will be transported immediately to the county jail at the administration building, she said.

Matheson said Sylva merchants have repeatedly requested a greater presence on Main Street by town police. In addition to the prospect of now having the department located physically there, council members also decided recently to hire a new police officer assigned to foot patrols downtown.

Town Manager Adrienne Isenhower, in a follow-up interview after the workshop, said there are already rough blueprints drafted for how the new police department would be built. She said the town’s public works department, also currently strapped for space, would probably move into the vacated police department.

Police Chief Davis Woodard described he and his officers as “just tickled,” and emphasized his gratitude for the united backing of town commissioners in helping the police department gain more space.

When it comes to noise, Commissioner Harold Hensley of the Sylva town board is clearly prepared to make a bit of it himself if necessary to get others to turn the volume down.

“The complaint I’ve got is when you can hear music in your house with your door shut,” Hensley told a restaurant owner during a discussion of the proposed ordinance at a town meeting last week. “I don’t need to hear it in my living room.”

Tori Walters, a co-owner of The Soul Infusion Tea House and Bistro, was one of several who shared concerns over the ordinance at a public hearing last week.

“We’d like to have the opportunity to have a little fun in town,” Walters said.

Under the new ordinance, noise heard more than 20 feet from its source between 11 p.m. and 7 a.m. is too loud.

Hensley has led a push recently to tighten the town’s ordinance. Walters pointed out that Hensley didn’t exactly live in a rural section of Sylva, however.

“I do want you to know I lived out of town,” the commissioner responded. “Town came to me.”

Hensley suggested Walters consider a “sound shell” to help contain the music at the restaurant, which has a small outdoor stage.

“Your entertainment cannot disturb the neighborhood,” he said.

The town’s current noise ordinance relies on the key words “reasonably prudent,” as in what an average person would consider to be excessively loud between the hours of 11 p.m. and 7 a.m.

The new language sets a distance requirement: “The playing of any musical instrument or electronic sound amplification equipment outdoors or from a motor vehicle, between the hours of 11 p.m. and 7 a.m., that can be heard from an adjoining property or at distance of greater than 20 feet from the sound source.”

Other towns, such as Highlands most recently, have opted to rely less on subjectivity and instead have set decibel levels that can’t be exceeded.

Walters told commissioners she did not actually have any problems or objections to the tougher ordinance. What she did want, however, was for the town to be aware of the need for business owners to bring in live entertainment to help attract customers, and not to become increasingly restrictive.

Walters said during a grand-opening celebration a few months ago, the restaurant had a rock-and-roll band perform. It was a successful draw, but “they wanted to squeal their wheels a bit,” she said of band members, and perhaps were noisier than they should have been. Walters said she is attentive to the noise levels and has asked groups to turn it down, and that the rock-and-roll group was the exception, not the rule.

“A lot of businesses are pretty loud around there, I’m not the only one,” she told Hensley, pointing out that UPS, which is next to the Soul Infusion, is even louder when workers there are using pneumatic tools to fix equipment.

Mayor Maurice Moody assured Walters and the crowd of 20 or so gathered for the hearing that the noise ordinance “is not directed solely toward Soul Infusion.”

And Commissioner Danny Allen added that he recently received complaints from a town resident about music from another restaurant: “You are not the only one,” Allen told Walters.

Amanda Dugan, a Western Carolina University student, also cautioned commissioners not to be excessive in applying noise-ordinance restrictions. They risked squelching the local economy if they do that, she said.

“If they are not going to be having music, I’m going to Asheville,” Dugan said. “It is really important to have somewhere in town we can go and spend our money locally.”

Curt Collins also asked commissioners not to become overzealous in regulating noise.

“It seems like there’s been a lot of clampdown lately,” Collins, a farmer with Avant Garden in Cullowhee, said.

In the do-you-remember, they-were-right-after-all category, the enormous popularity of Jackson County’s new library has meant finding parking at the renovated courthouse and library addition can sometimes prove a real pain.

So much so, Assistant Librarian Liz Gregg has taken to parking off the hill and walking to work, even while wearing dress shoes and slogging through wet grass. A minor inconvenience for her, she said, that frees up one additional parking space nearer the building for library patrons.

“Besides, I’m here for eight-plus hours. I need that exercise,” Gregg reasoned.

The only real problem for Gregg and others who are willing to walk to the library? The stairs from Mark Watson Park, one of the major sources of extra parking that is located below the courthouse on the backside of the hill, are not in very good shape.

“The steps are kind of crumbly,” Gregg said.

Enter the board of county commissioners, which is now considering what best it should do. County Manager Chuck Wooten told commissioners last month that to officially reopen the stairs from Mark Watson Park “we’ll have to put in a railing, and assess other possible repairs.”

That assessment is under way.

Also expected to help ease the parking strain is a continuing slowdown in construction work. Those final fixes that always seem to surface with a new project should continue to diminish, meaning fewer workers’ trucks and more patron parking, said head Librarian Dottie Brunette.

Air conditioning has been an ongoing problem, as have lightening strikes and simple electric surges that knock out the computer circuit boards, requiring workmen’s services.

“We’re the highest point on the hill,” Brunette said. “It’s like I’ve told people, we’ve got Lady Justice on top of the courthouse with her arm up in the air just beckoning for it.”

One day, for undetermined reasons, each punch of an elevator button triggered the security gates to sound. That made for an interesting work atmosphere, the librarian said.

But overall, the opening has been gone smoothly, Brunette said. The new library celebrated its grand opening last month. It was forced to shutdown entirely for one day after a waterline break, but otherwise, the library has been open for business when promised.

In all, 402 brand new library cards have been issued, and the library (including the grand opening celebration and subsequent programs) had 8,184 visitors in 20 days — an average daily attendance of 409 people. That compares with average daily attendance of 300 to 350 in the old library on Main Street.

“Before we ever moved up here, there were folks for various reasons and from various points of view who felt that the parking would be more limited than we would like it to be,” Brunette said.

There are two actual parking lots at the library, plus some additional spaces right out front and down off the hill.

Supporters of the courthouse site wanted a library within walking distance of downtown. Putting it there on the hill overlooking Sylva, they said, would avoid sprawl and help keep the downtown area vibrant, and give the iconic but vacant historic courthouse a community purpose.

From the get-go, however, the community and the then board of commissioners knew the site wouldn’t be perfect. There is no room for future expansion. The road winding up the courthouse hill is steep and narrow. And, of course, there is that lack of parking.

A group who wanted the library built at the Jackson Plaza touted the two-acre tract on the outskirts of town as being easier to work with, and pointed at the time to its ample parking as one highlight that should be considered.

When construction on the lofty Clarion Inn started in 2008, the town of Sylva thought it was finally going to get a recognizable name-brand hotel to help attract visitors and commerce.

Three years later, and the Clarion Inn is instead the town’s biggest eyesore, defacing the viewscape high atop a mountain along the main commercial corridor. If the unfinished hotel today serves any useful purpose, perhaps it’s as a visual reminder that when granting regulatory breaks, beware of big-talking dreamers bearing big plans.

The developers, TJ Investments — father and son team Thomas and John Dowden — went into bankruptcy. Alpharetta Community Bank of Georgia, which seized the property after the men failed to payoff a $5 million loan, now owns the unfinished Clarion Inn.

In turn, however, the bank is being sued by Cooper Construction Company, which the Dowdens left $1.9 million in the red after failing to pay the firm for all its work. DeLaine DeBruhl, vice president and field operations manager for the Hendersonville-based contractors, declined to comment about the situation here in Sylva, citing the pending litigation.

Court records indicate the case has been stalled since February, when one of the parties involved had a lawyer withdraw as counsel. The two case files at the Jackson County Clerk of Court on the hotel litigation are some six inches thick, including depositions and court motions. But there is not the smallest sign to be found of possible resolution, and in the meantime, finding a new buyer to take over the project seems remote given the lien against the property.

Hindsight 20/20?

A tangled, drawn-out court battle over an abandoned building sure wasn’t the economic development the town’s leaders dreamed of when they granted that building height variance to the father-and-son duo.  

“We were so thrilled to be getting a big chain hotel there,” Sylva Commissioner Harold Hensley said of the town’s decision four years ago to allow the Clarion Inn a fourth floor instead of holding it to three.

The developers claimed the hotel required a 75-foot maximum height instead of just 45 feet as mandated by town regulations.

Hensley, Stacy Knotts, Ray Lewis and then-commissioner-now-Mayor Maurice Moody voted in favor of the variance; Commissioner Danny Allen missed that meeting and an opportunity to vote yes or no.

On paper, at least, things looked good: plans called for a restaurant, convention room and 78 guest rooms.

Instead the economy crashed, and the hotel never opened. In fact, the hotel was never even finished. Today it’s a hulking, depressing presence on top of a steep cutout bank, with boarded-up windows, a surrounding chain-link fence to deter derelicts, and landscaping consisting of waist-high weeds.

“Obviously it didn’t turn out how it was expected,” Knotts said. “I didn’t envision it would be sitting there vacant. We’ve been waiting a long time for something to happen.”

You do the best you can do at the time, make the best decision that you can, and move forward, Hensley said.

“I don’t know that (it’s particularly useful) to go back and regret anything you’ve done,” he said. “Hindsight is 20/20.”

Chris Matheson, a council member who was not on the board at the time of the variance, said she could sympathize with how the situation must have appeared then.

“Had the economy not taken a turn for the worse, if it had been completed as planned and bought a tremendous amount of revenue and activity to that end of town, we’d look at it through different eyes,” Matheson said. “I don’t think we’d even be having this conversation.”

Hensley said he hopes something changes — positively — in connection with the vacant hotel, located across from Wal-Mart.

Town Manager Adrienne Isenhower said it has proven difficult to get straight answers about the hotel’s future — or determine if it even has one. She spent some time early on trying to track down decision makers.

“When I first got here, there was an investment company that said someone was interested. But I haven’t heard anything since. Something needs to happen, it’s a major eyesore,” Isenhower said.

She said if there isn’t an actual use for the building, perhaps the time has come to consider tearing it down.

The problem is, the town isn’t legally in a position to make that decision. And it would seem that until the court case is resolved, no one — anywhere — can make any meaningful decisions regarding Sylva’s empty Clarion Inn.

Just stepping inside the Sylva Police Department gives a person an immediate understanding of why Chief Davis Woodard is pushing so hard for a new building.

The department’s 14 officers, with one more being hired soon, and its three auxiliary officers share 1,000 square feet of room in the 1927-completed building, located on Allen Street. The building was originally designed and built for the town’s fire department; the police department started using it in 1990.

To describe the Sylva Police Department as rather crowded is akin to describing Sylva’s newly renovated historic courthouse and library complex as merely pretty. The words fall short of the reality.

The town’s police officers are crammed into the equivalent of five to seven standard parking spaces.

A few highlights include:

The women’s bathroom at the police department was recently sacrificed to create a tiny break room; all officers now share what had been the men’s bathroom.

Evidence is stored in three different areas; only one of which is actually in the police department. One of the evidence rooms, down in the basement of the building, sometimes floods when bordering Scotts Creek jumps its banks.

There is little to no room left, anywhere, for storing any additional items critical to any successful police investigation. This means when the State Bureau of Investigation finishes up lab work on evidence from a recent double homicide in Sylva, Woodard needs the town’s maintenance crew to construct some kind of special holding place to hold the dozens of items that will be sent to Sylva in anticipation of a trial. Who knows what the officers will do if another big case takes place anytime soon within the town’s limits.

A weight room or workout area, common to most police departments in the region in hopes officers will keep in shape, is simply out of the question. A Bowflex machine is gathering dust in storage at the back of town hall.

Full-sized personal lockers for the officers are also impossible given the space limitations — Woodard jokes about the “preschool”-sized ones in use now, quipping that he’d like his officers to have big-boy and big-girl lockers instead.

The first door to the left in the Sylva police department opens into a 20-x-18 square foot room used by the assistant police chief, four patrol supervisors and seven road officers. Lt. George Lamphiear said the scene is particularly chaotic during shift changes, with everyone jockeying for a place to work. Or in the middle of a huge case such as the double homicide, when the building had to host an additional four or five SBI agents, the district attorney and three or four of his assistants.

“We came into work (that day), and turned right around and went back out,” Lamphiear said. There was no room left for patrol officers and their supervisors to work in the building.

The department also has a small office for the police chief, a slightly larger office for the department’s two detectives, and a tiny reception area at the front. A couple of storage closets, and that’s it.

No interview room, no conference room and inadequate parking in the back, to boot.

If the Sylva Police Department does acquire the old library, Woodard and his officers will have, in place of 1,000 square feet, an airy 6,400 square feet at their disposal, plus 19 parking spaces.

Sounds like heaven on earth to Woodard and his officers.

The situation

Sylva’s council members have asked Jackson County to give the them the old library building on Main Street, now standing vacant, to use as a police department. County commissioners agreed last week to meet with their town counterparts on July 18 to discuss it. Sylva is offering, in return for the old library building, to give Jackson County the old chamber of commerce building it owns, a small building on Grindstaff Cove on the approach to downtown.

The sticking point, if there is one, might involve the disparate tax values of the two buildings involved. Sylva’s building is valued at $157,560; the county’s building is $796,000.

Town leaders, however, have described the swap as an issue of fairness, noting that in past years they have allowed the county to use town-owned buildings, such as the senior center, for no charge to taxpayers, or at nominal lease amounts such as $1 a year.

Easing congestion on N.C. 107 and general economic development issues look to shape the context of Sylva’s upcoming municipal elections.

Three commissioner positions are open. Two landed in their seats via appointments instead of election by voters: Harold Hensley and Chris Matheson, who will now have to officially run to keep their seats. Ray Lewis won his seat four years ago.

Hensley was not prepared to commit this week on whether he will seek election, saying he is truly undecided at this juncture.

“I’ve enjoyed it,” Hensley acknowledged, adding that his decision, however, will hinge on whether he feels he “can benefit the taxpayers.”

Hensley had served on the board previously, but narrowly lost his seat in the last election in 2009. He found his way back on the board last year, however, being appointed to replace the outgoing Sarah Graham, who resigned after moving out of the town limits.

Like Hensley, Lewis wouldn’t commit one way or another about whether he will run.

“It is a little early yet. I haven’t made my mind up,” said Lewis, who is finishing a second term as commissioner.

Matheson said she would run, seeking this time to win election to the post she was appointed to fill when Maurice Moody moved up from commissioner to mayor in the November 2009 election.

“I do want to be a part of helping ease congestion on 107,” Matheson said. “To continue working with the DOT, and the county.”

Matheson also wants to see further improvements to Mill Street (known as Backstreet locally). And, the former assistant district attorney is adamant about helping shepherd the police department from cramped quarters into more spacious accommodations.

The town is trying to get the county to swap the old library building for the town’s former chamber of commerce building. The old library, Matheson said, would make a perfect home for the police department.

One newcomer has announced his intentions of running for a town commissioner position. Sylva businessman and resident John Bubacz, owner of Signature Brew Coffee Company, said he became interested in serving after Commissioner Danny Allen indicated he would resign for unspecified reasons at an unspecified point in the future, something which has yet to actually happen.

And, Bubacz said, he was motivated to run while following the town’s wrangle over how best to fund the Downtown Sylva Association. Bubacz is on the DSA board.

“I literally want to do this because I want to be a part,” he said. “There is nothing specific I want to change or accomplish, but I do feel that responsibility.”

Tired of watching a source of possible town revenue end up in the state’s coffers, Sylva wants to start collecting parking fees at the town hall.

Last week, commissioners tweaked the language of the proposed parking ordinance, clarifying that only certified town police officers could issue citations. There had been some thought that it might be wise to empower any town employee to issue civil citations, but commissioners Chris Matheson and Harold Hensley nixed that idea.

“It ought to read they strictly are police certified,” Hensley said, concurring with Matheson’s objections to having non-police employees given that responsibility.

The primary payment area for people cited parking illegally in Sylva will be Town Hall. Police Chief Davis Woodard, however, said he’d like for people to be able to pay at the police department as a “secondary option,” such as during holidays when Town Hall is closed.

Parking in an unauthorized parking zone in Sylva will cost violators $10 for each violation. All loading and unloading in designated zones is limited to 30 minutes, with a $10 violation penalty for those taking up space for longer than the time permitted.

It costs $150 for parking in a handicapped space illegally, and $50 for a fire lane violation.

Sylva leaders are looking to tighten the town’s noise ordinance on the heels of complaints by one of their own.

Commissioner Harold Hensley, who lives in the N.C. 107 area of Sylva, said he took calls a few weeks ago from neighbors about the loudness of music from a nearby restaurant. Hensley said he believes people should be able to sit outside their own homes if they want and enjoy a cookout without being bothered by loud music.

“You can’t contain all noise,” the town’s attorney, Eric Ridenour, told Hensley, adding that “loud” is in the ear of the beholder, as it were.

“A noise ordinance should be applied when you are disturbing people. I don’t care what time of the day or night,” Hensley said. “If I can’t talk (and be heard), I say it’s unreasonable.”

Hensley emphasized he is not against music; that he just objects to excessive noise: “If it’s so loud when I sit on my deck and I can’t talk to the person next to me, it’s too loud,” he said.

The town’s current noise ordinance carries the key words “reasonably prudent;” as in what an average person would consider to be excessively loud noises taking place between the hours of 11 p.m. and 7 a.m.

The new language would read: “The playing of any musical instrument or electronic sound amplification equipment outdoors or from a motor vehicle, between the hours of 11 p.m. and 7 a.m., that can be heard from an adjoining property or at distance of greater than 20 feet from the sound source.”

Like Ridenour, former Assistant District Attorney and current Commissioner Chris Matheson cautioned her fellow board members that noise ordinances are difficult to enforce. She recommended they consider an “objective test,” such as using a decibel reader, which many towns already use.

Matheson, however, bowed to the new language stipulating an actual 20-foot distance after Police Chief Davis Woodard said that had been his recommendation and remained his preference.

Tori Walters, co-owner of the Soul Infusion Tea House and Bistro, the restaurant on N.C. 107 that apparently sparked Hensley’s neighbors’ ire, said Monday the distance requirement would not “bother us at all.”

“We have worked diligently making sure that all the music played at our establishment is at reasonable decibel levels,” Walters said, adding that they ask musicians not to play after 10:30 p.m., a 30-minute cutoff prior to the town’s 11 p.m. requirement.

Noise ordinance public hearing

What: The town of Sylva is tightening its noise ordinance

When: July 7 at 5:30 p.m.

Where: Town Hall

A discussion about the future of Pinnacle Park outside Sylva will be held at 9 a.m. Saturday, June 4, followed by a short hike from the Fisher Creek trailhead.

The 1,100 acre tract once served as Sylva’s source of drinking water and has now been preserved.

Those interested in the hiking and biking potential of the park, as well as those who use the park for birding, wildlife and native plant activities, are encouraged to attend, and future volunteer opportunities will be discussed. Information from the discussion will help the town of Sylva and the Pinnacle Park Foundation determine future park needs.

The Jackson County Greenways Project is organizing the event in honor of National Trails Day.

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