Contractor heads to court over unpaid grading work

A Jackson County grading company was left holding the bag on more than $200,000 in site work after the developer who hired it went bankrupt.

The grading company has filed a lawsuit targeting the current property owner in hopes of collecting. But the current property owner says he has no obligation to make good on work performed under a past owner. The case is slated for a trial in September unless a settlement is arrived at in the meantime.

Buchanan and Sons was hired in 2007 by a Georgia developer to grade a 20-acre mountainside tract across the road from Harris Regional Hospital in Sylva.

But he “never paid a nickel,” said Mark Kurdys, an attorney for Buchanan and Sons. He also never made a single payment toward the purchase of the property.

The Georgia developer bought the property from James Vanderwoude, a developer and businessman based in Franklin.

After not getting paid, Buchanan and Sons quit the job and filed a lien against the property when Vanderwoude appealed to them to stay on board. Vanderwoude promised that they would be paid down the road, according to Chris Buchanan, vice president of the family grading company.

Specifically, Vanderwoude asked Buchanan and Sons to keep up with necessary erosion maintenance.

“Vanderwoude said ‘You have to maintain this property. You can’t just walk away from it. Otherwise it is just going to wash down the road,’” Kurdys recounted during a court hearing earlier this year.

Meanwhile, Vanderwoude foreclosed against the Georgia developer. Vanderwoude regained title to the property less than a year after selling it.

“In that intervening year, $214,000 worth of improvements had been made to the property,” Kurdys said.

Prior to the foreclosure, Buchanan and Sons had filed a lien against the property. The company also planned to bid on the property at foreclosure.

“I couldn’t afford to let $214,00 just go away,” said Buchanan. The company was out the cost of the labor and equipment to do the job and was never reimbursed for it.

If Buchanan and Sons got the property, the company would flip it to a new buyer and hope to recoup its costs on the selling price.

If someone outbid the company at foreclosure, it would at least drive up the price of the property. Whatever was left over after paying off Vanderwoude’s loan would have gone to satisfy Buchanan and Sons’ lien for the grading work.

“We would have been second in line and gotten our money,” said Buchanan.

Verbal promise means little

But before that could happen, Vanderwoude came to Buchanan and instead suggested the idea of a joint venture to develop the property together, Buchanan claims.

“He enticed my client into believing there would be a way for everyone to be made whole,” Kurdys said. “He convinced my client to forgo opportunities to protect himself.”

Once Vanderwoude foreclosed and got the property back, he backed away from the idea of a joint venture. He also hired another grading company to take over the work at the site.

Vanderwoude’s attorney disputed the notion that his client had an obligation to Buchanan and Sons. He said talk of a joint venture was just that — talk.

“There is nothing in writing where my client agreed to pay that debt,” attorney Bill Coward said in a court hearing earlier this year. “Those are just proposals.”

Vanderwoude did write Buchanan and Sons a letter confirming that verbal discussions for a joint venture had taken place. The letter talks about various options for joint ownership and shares under a newly formed LLC. But it falls far short of a legally binding contract.

Coward argued in court filings that Buchanan and Sons was owed money by the Georgia developer, not Vanderwoude, and that Vanderwoude has no contractual obligation to pay Buchanan and Sons anything. Coward further suggests Buchanan and Sons “overbilled” for the grading work they performed.

Kurdys argued that even after selling the property to the Georgia developer, Vanderwoude remained involved in the property’s development.

Vanderwoude advised the Georgia developer on how to develop and market the property, called Villages of Sylva. They were “agents of and for each other,” Kurdys claims.

“The value of that property has been increased by virtue of my clients’ labor and material, and there is evidence that all along [Vanderwoude] had an interest in the property,” Kurdys said.

However, Vanderwoude asserts that is not at all the case.

“There is no evidence of that at all,” Coward said. “There was absolutely no connection between Mr. Vanderwoude and the former propery owner.”

So far, the only thing built on the 20-acre site is a Nick and Nate’s restaurant. At one time, Nantahala Bank had expressed interested in building a branch on the site. Both had contracts to purchase lots in the commercial development for $350,000.

Buchanan said he should have been more savvy and less trusting when performing the original work. Buchanan said contractors and graders have to be far more careful today than they did a few years ago when hired by developers given the economy.

“People are coming up with any reason they can not to pay you,” Buchanan said.

Manager’s push for outside help raises concerns

Finding a new police chief for Sylva might take more time than anticipated after some of the town’s board members balked at using outside help.

In early August, Town Manager Adrienne Isenhower notified commissioners via email she intended to enlist “three other people … on the police chief selection,” with interviews starting the following week. Town leaders last week questioned her approach and instead decided to discuss the matter further at their next meeting Sept. 2.

Jeff Jamison, who became police chief in November 1997, retires Oct. 1. State law gives hiring choices and day-to-day management of town affairs to the manager. Sylva hired its first manager eight years ago. This represents the first time the town’s top employee has wielded such power. Before, town board members selected the police chief.

The new method means that commissioners aren’t included in the decision unless the manager asks for participation, according Frayda S. Bluestein, who serves in the School of Government for the University of North Carolina at Chapel Hill. Town Attorney Eric Ridenour asked Bluestein to review the matter earlier this month.

Isenhower wrote in her email to the town board that she has asked Scott Sutton, Maggie Valley’s police chief; Vickey Wade, director of governmental affairs at Western Carolina University; and Chris Cooper, director of WCU’s Master of Public Affairs program, to help her with the selection.

“I don’t think we should have an outside panel tell us who we should hire as police chief for Sylva,” Commissioner Ray Lewis said during last week’s meeting.

Commissioner Harold Hensley questioned why board members were excluded from the selection process while people from elsewhere were being solicited to weigh in on the issue. Isenhower said she had formed the panel to help make it clear that politics were playing no part in her selection.

Commissioner Christina Matheson, though acknowledging she and the other board members might have been at fault for not requesting specific details, chastised Isenhower for failing to provide more information beforehand. She termed the situation a “communication glitch.”

“It caught me off guard,” Commissioner Danny Allen said in agreement.

Stacy Knotts was the lone commissioner to express unqualified approval for Isenhower’s plan, saying she didn’t believe board members should take any part in the hiring process. Mayor Maurice Moody, too, cautioned against board-member involvement.

But Hensley suggested that with two former police officers — Lewis and Allen — and a one-time assistant district attorney — Matheson — serving as commissioners, sufficient expert help probably could be found closer to home.

Living tradition: Contra dance a staple in Sylva

Temperatures boiled above 90 degrees as the dancers grabbed their partners and lined up on the floor. The caller patiently explained the moves for the first contra dance of the afternoon as members of a volunteer pickup band plucked notes on dulcimers, fiddles and guitars.

Music filled the pavilion. Skirt hems whirled around dancers’ ankles. And shoes clapped against the wooden dance floor as the dancers dosey-doed and swung their partners.

“Thank your partner, get a drink and get back out there on the floor,” the caller said through the microphone as the music ended.

Such contra dances are a regular occurrence in downtown Sylva on the second Sunday of every month. Ron Arps typically organizes each dance and calls the steps. On the day of the August dance, he turned 65.

Arps began contra dancing in the late ‘70s when his wife was invited to play her fiddle at the Odd Ball — a contra dance that used to be held in Jackson County on the odd Friday every month.

Arps said he loved it right away, but that it took him about two years before he finally got the hang of it.

“I’m one of those people with two left feet,” Arps said. “In contra dancing, you don’t have to worry about that. It’s just dancing.”

The dance now hosted at the concert pavilion is a continuation of the Odd Ball held years ago. Though the contra dance has been held at different venues and hosted by different folks throughout the decades, someone has always had the passion to keep it going.

About a year ago, Arps began hosting the dances on the second Sunday of every month at the pavilion or an indoor location when the weather is too cold. The dances are free, but Arps asks for donations to help cover the $50 cost of renting the space.

When the pavilion was still in the planning stages, Arps instructed its architect to make the floor at least 28 by 36 feet so it would be big enough for dances.

The only problem is that the floor is concrete, which is hard on the dancers’ knees and shins. Arps’ solution was to make a portable wooden floor.

The floor cost $1,000 to build, and Arps raised the money within a few weeks from customers at his farmers market booth and area dancers.

“Some didn’t know what contra dancing was [at the farmers market], but they were giving so I could build a dance floor anyway,” Arps said.

The floor has 64 panels and weighs 2,400 pounds.

The wooden floor reduces friction, allowing dancers to slide. It also creates more noise as all the shoes hit it in unison — a sound that energizes the band, caller and dancers.

Andrea Woodall from Florida called the August contra dance so Arps could dance on his birthday. It was her first time calling, both in North Carolina and at an outdoor venue.

“I love inviting people in and helping them enjoy what I love so much,” she said.

Woodall has a box filled with more than 150 note cards, containing dances she’s participated in throughout the years. She said 150 is a small number compared to most callers.

She chooses dances based on the variety of moves, the group’s experience and how smoothly different parts of the dance flow into each other.

“I figure if the dancers don’t know what’s going on, it’s my responsibility,” she said.

At contra dances, beginners are warmly welcomed. Often times, experienced dancers will pick them as partners and show them the ropes.

“Of course you’ve heard of no child left behind,” Kim Lippy said. “They’re like that with their dancers. They take them all with them.”

Lippy has been contra dancing for more than 10 years. Her favorite part of the dance is its flirtatious nature. The dance strongly emphasizes eye contact and breaks down personal space bubbles that are apart of today’s culture, she said.

“You have to look your partner in the eye or else you get dizzy,” Marsha Crites said.

Crites has been contra dancing for more than 30 years, but during that time she had a stroke that she said could have killed her.

“I wanted to run really bad when I was disabled,” Crites said. “Dancing wasn’t a goal until later.”

It took Crites three years to rebuild her muscle coordination to the point she could dance again. During her recovery, she remembers a time when she fell during a dance, bringing a few others to the floor with her.

She said that the experience wasn’t embarrassing, but it was instead a good laugh for everyone in the room. All the dancers were supportive as she tried to get her footing back.

Crites is still dyslexic as a result of the stroke, but it doesn’t slow her step.

“Pretty much all you’ve got to know is to know your right from your left,” she said.

 

Go dance

The next contra dance will be 3:30 to 6 p.m. Sunday, Sept. 12, at the outdoor Bridge Park Pavilion in downtown Sylva with a potluck dinner to follow.

Sylva to impose employee parking ban downtown

The Sylva town board voted unanimously to adopt a new parking ordinance that will fine downtown employees and business owners if they park on Main or Mill streets — a move aimed at alleviating the parking pinch downtown during commercial hours.

The new ordinance says that downtown employees and business owners cannot park on the one-way portions of Main or Mill streets or in the Old Ritz Theater parking lot between 10 a.m. and 4 p.m., Monday through Saturday. The ordinance will be aired at a public hearing 9 a.m. July 15 at the Sylva Town Building.

The town of Highlands has a similar ordinance barring employees from parking on Main Street. According to town officials, the policy has worked well, but its enforcement depends heavily on businesses to point out regular offenders.

Sylva’s new ordinance comes as part of a larger attempt to address the lack of customer parking downtown. Violating the new ordinance would result in a $50 fine.

Replacement to Sylva town board sets stage for new voting majority

The make-up of Sylva’s town board shifted this week when board members voted 3-1 to replace outgoing board member Sarah Graham with Harold Hensley.

The vote changes the town’s disposition from one with a progressive voting majority to one likely to be characterized by fiscal conservatism and a more traditional philosophy.

Graham, who came to the board after leading the Downtown Sylva Association, stepped down from her seat after moving outside the town limits, her new address making her ineligible to serve as an elected town leader. Hensley, 72, formerly served on the board for four years but narrowly lost re-election last year.

Graham and Hensley often had opposing visions for the town and voted on the opposite side of key issues.

It’s the second time in less than a year that Sylva’s board has had to vote to appoint one of their own. Mayor Maurice Moody vacated his seat as a board member to move up to mayor after the November election. The other board members replaced him with Chris Matheson.

In the November 2009 election, board members Danny Allen and Stacy Knotts narrowly edged out Hensley. It was Allen who tipped Hensley for the spot at this week’s town board meeting.

“I think the fairest and the honest thing to do is consider the third runner up, previous board member Harold Hensley,” Allen said.

Only Knotts objected to the motion. In a dignified prepared statement, she explained her opposition to Hensley, who was seated in the crowd.

“To respect the voters who voted for me I’m going to vote ‘no’ to the motion,” Knotts told Hensley. However, “I will work with you for the betterment of Sylva.”

Knott’s opposition to Hensley was based on her support for town initiatives like downtown improvements, funding for the Downtown Sylva Association, the expansion of recreational facilities and land-use planning. That type of progressive platform is one that was largely shared in recent years by Graham and Moody — and more recently by Knotts, Graham and Matheson — giving them the three votes needed to push an agenda.

Now Hensley, Allen and Ray Lewis, who in general share a vision of fiscal conservatism, now hold the majority voting block.

Hensley downplayed his historic opposition to funding for the Downtown Sylva Association after the appointment.

“There probably will be a difference between mine and Sarah’s opinion, but I’m definitely not against the DSA,” Hensley said.

But he did indicate where his priorities lie.

“I hope I can do what I did before, which is never take a decision without the taxpayer in mind,” Hensley said.

Sylva Mayor Maurice Moody only votes in the case of a tie. Moody shares a progressive inclination with Knotts and Matheson, but has also used his energy to try to create consensus on the board. He had hoped to find a candidate that would result in a unanimous nomination.

“I’m not disappointed,” Moody said. “Harold and I agree on some things, and we disagree on some things. I can work with Harold. We’ve known each other most of our lives.”

Another result of Hensley’s appointment is that Knotts is the only sitting member of the board not originally from Sylva.

Moody said Graham had provided a fresh outlook and great experience to the board, and he said there was little point in attempting to draw meaning from a board member’s birthplace.

“I don’t put much importance on being a native, even though I am one,” Moody said. “I would put more importance on the welfare of the town.”

Hensley’s appointment lasts until November 2011.

Poll shows majority in Jackson tired of trekking to town for beer

Though many Jackson County residents shy away from publicly airing their views on alcohol, a recent poll shows that a comfortable majority of voters support alcohol sales countywide.

Whether you’re a college student in Cullowhee or socialite in Cashiers, stocking up on beer, wine and spirits requires a trip into town. But a WCU Public Policy Institute/Smoky Mountain News poll shows 56 percent of voters in Jackson County support alcohol sales everywhere in the county, not just in Sylva and Dillsboro, compared to 39 percent who would be opposed.

This particular question polarized respondents more strongly than any other issue on the poll, which was conducted by the Public Policy Polling in Raleigh, one of the Southeast’s most respected polling companies. Only 5 percent of those polled were undecided. Most questions saw undecided numbers of around 20 percent.

The poll questioned nearly 600 registered Jackson County voters.

“It’s fascinating that so few people are unsure,” said Christopher Cooper, director of the Public Policy Institute at WCU. “It seems like the kind of issue, if it’s ever on the ballot, that would lead to a high voter turnout.”

The alcohol question sticks out in a poll where most of the questions address trust in government. Clay County — one of the region’s smallest and most rural — recently voted to allow alcohol sales countywide, so it seems to be an emerging issue in Western North Carolina, Cooper said.

Though the area has traditionally been conservative on alcohol sales, a lingering recession may have created more favor for the potential boost in tax revenues that widespread alcohol sales promise.

Jackson County Commissioner Tom Massie, however, doesn’t see the issue as pressing.

“I don’t have a whole lot of people stopping me in the grocery store, on the streets or calling me saying ‘We need alcohol sales,’” said Massie. “It’s not one of those things on my radar screen.”

Massie doesn’t see a trend toward acceptance in Western North Carolina, either. Clay County seems to be more the exception than the rule in the region, according to Massie.

“That’s got a whole lot more to do with tradition and deep-seated beliefs held by the populace,” said Massie.

Though Jackson County Commissioner Mark Jones said there is actually more acceptance of alcohol in general, the primary motivating factor for legalizing alcohol sales countywide is most likely financial at this point.

“It is a revenue-generator at a time when sales are down and economies are tough,” said Jones.

WCU sees opportunity

According to Cooper, the biggest supporters of countywide sales were men, liberals, the more educated and the young.

Those who face a long drive to get a six-pack of beer or a few bottles of wine resoundingly said “yes” to countywide alcohol sales as well. About 68 percent of Cashiers residents clamored for change in Jackson County’s alcohol policy.

Meanwhile, Sylva residents just barely supported countywide sales, with only 50 percent voting “yes.”

Though WCU Chancellor John Bardo was reluctant to comment on the results of a poll conducted by the university, he did say legalizing alcohol sales in the county would have a tangible impact on the college.

The main effect, Bardo said, would be the potential for a viable commercial environment around the university. For now, Cullowhee is short on restaurants and grocery stores, and the total ban on alcohol sales may be to blame.

“People want to be able to go out to eat,” said Bardo. “It’s part of the quality of life they’re looking for.”

Alcohol sales countywide might lead to higher tax revenues for local government, a better business environment in Cullowhee as well as a positive impact on student enrollment.

“More services make the university more attractive,” said Bardo.

Jones agreed that Cullowhee businesses would make a handsome profit if students weren’t forced to drive to Sylva to buy their alcohol.

Moreover, Jones cited the trend of more retired individuals moving to college towns for its culture and activities. Allowing alcohol sales in Cullowhee would enhance the area’s attractiveness to these potential residents, Jones said.

But Massie said the few miles drive to Sylva most likely isn’t a major problem for students at Western. He recalled the days Jackson County was completely dry, when students would make beer runs all the way to Waynesville.

“College kids, if they want beer, and it’s legal for them to get it, they’re going to get it,” said Massie.

 

Cashiers highly supportive

 

Commissioner Jones, who manages High Hampton Inn in Cashiers, constantly encounters guests who query him on the nearest place to buy alcohol.

“For convenience, I send them to Highlands [in Macon County],” said Jones. “I’m guilty as charged.”

With Highlands a lot closer than Sylva, guests and residents alike often opt for the quicker trip when they’re thirsting for beer, wine and liquor. Jones said he cannot gauge how many thousands of dollars in potential tax revenue Jackson County loses each year in the process.

Some businesses in Cashiers are allowed to sell liquor, but only if they are established as a private club. Because these venues are required to purchase alcohol only from a Jackson County store, every restocking requires a drive down the mountain to Sylva or Dillsboro.

“It would save a lot of time, gas and trouble and expense to have an ABC store [here],” Jones said.

Though Jones supports countywide alcohol sales, he said he would rather see citizens petition to put the issue on the ballot than for the commissioners to get involved.

Massie, too, said he’d like to see a vote by the people, though he did not have a strong opinion on the matter.

“I’m not a teetotaler so it doesn’t bother me one way or another,” said Massie.

Still Massie, Jones and Commissioner Brian McMahan said they are all concerned that Jackson County ranks in the top 10 in North Carolina for alcohol-related accidents.

Though towns benefit economically from alcohol sales, there’s always a price to pay. “The trade-off is what are the social problems and liabilities that come with the sale of alcohol,” said Massie.

“Any time you have alcohol sales, you’re going to have that problem,” said Jones, adding that part of the tax revenues from alcohol sales do go toward law enforcement and education.

For McMahan, having widespread alcohol sales would probably not be worth the risks. McMahan said he would neither support legalizing alcohol sales in the county nor putting the issue on the ballot.

“The present system works, and there’s no need to change it,” said McMahan.

 

Sylva not swayed

 

Cooper has two theories to explain why Sylva voters were more reluctant than others to welcome countywide sales.

Of the alcohol tax that stays locally, Sylva shares half of the tax revenue from alcohol sales with the county and keeps the other half.

Allowing alcohol sales everywhere obviously means fewer people driving into Sylva or Dillsboro to buy their beer, leading to a direct decline in the town’s revenues. Sylva voters might have taken that into account when a higher number of them opposed countywide sales.

Cooper’s other theory is that alcohol is already widely available to Sylva residents.

“If you live in Sylva, what do you care if there’s alcohol in Cashiers?” said Cooper.

Massie, who represents Sylva on the county board, has another conjecture altogether. While elected officials and town employees are well-aware of the alcohol’s impact on revenues, that’s probably not driving your average Sylva resident to vote “no.”

“Sylva has a concentration of some of the biggest churches in the county,” said Massie. “That’s what I’m thinking is the reason.”

DSA’s future tenuous without more money

Recently, the town of Sylva passed a $1.6 million budget on a 3 to 2 vote. The most contentious line item in the finance package was a $12,000 allocation to the Downtown Sylva Association.

Since the DSA was formed in 1995, its town funding has fluctuated from $20,000 at its high point to $2,000 at its nadir.

The ups and downs in the town board’s support for the DSA sheds light on a the bigger questions. How much does the town value the program?

Sylva first joined the N.C. Main Street program under the name Sylva Partnership for Renewal in 1996. With strong support from Mayor Brenda Oliver the town funded the program up to $20,000 per year and used it to drive the revitalization of Sylva’s downtown.

With the leadership of Sarah Graham, who later became a town board member, the DSA spearheaded the $120,000 fundraising drive that created Bridge Park, a unique downtown green space that hosts events like the Sylva Farmer’s Market and Concerts on the Creek.

These days, the DSA operates with less than $50,000 in its budget which includes a $12,000 contribution from the town, more than $10,000 in dues from its 50 members and another $9,500 from sponsorships.

Mayor Maurice Moody believes the DSA is under-funded by the town, and he considers it a crucial part of the equation.

“I think it’s absolutely essential really,” said Moody. “Not just for the downtown but for the whole town.”

DSA Director Julie Sylvester, a part-time employee, is worried that the program still doesn’t have a sustainable funding scheme.

“We have to go in the hole each year and dip into our savings, and that’s pretty much gone now,” Sylvester said. “Now more than ever we need the support of the town and the community.”

Sylva has broached the possibility of a business tax district, but those plans have never come to fruition. In the absence of a tax district, the DSA relies on getting more money from the town or from private sources.

With two of the five members of the town board, Ray Lewis and Danny Allen, opposing the $12,000, Sylvester fears for the future, mainly because Sylva’s town contribution is already so much lower than in surrounding Main Street communities.

Of the 10 programs around the state that serve towns of 5,000 people or less, Sylva’s contribution to the DSA is second lowest.

“I’m not just asking for money because I want to see certain things happen,” Sylvester said. “We’re trying to keep this community a place that people want to move to.”

Allen and Lewis have said they don’t like the idea of funding a program that only benefits one sector of the business community.

Moody and board members Stacy Knotts, Chris Matheson, and Sarah Graham all support the DSA.

“I think the $12,000 is just a drop in the bucket to what it needs,” Moody said. “Obviously some people feel the downtown doesn’t have much importance, but I disagree.”

Moody said he would support the expansion of the DSA to cover the town’s other business districts, but that would require even more money to accomplish effectively.

Sylvester said the support of the full board is crucial to the success of the DSA moving forward. Instead, the annual funding for DSA has been a source of controversy among elected leaders for five years running.

“I think what would be great first is for everyone to be on board and them to sit down and think through how this can happen,” Sylvester said.

The DSA has had many successes and it operates a full schedule of events throughout the year, but the history of the N.C. Main Street program has seen many local organizations fall by the wayside.

For Sylvester, support for the DSA amounts to a vote for a town with better opportunities.

“If we have a vibrant downtown it helps our property values. It helps the tourist experience and it helps our families. You need to have everyone working together to have a vibrant community,” Sylvester said.

Sylva town board to appoint Graham’s replacement

The Sylva town board is in for another shakeup. The board will vote at 7 p.m. on Thursday, July 1, to appoint a replacement for Sarah Graham, who had to step down from her position because she and her family have moved outside the town limits.

It’s the second time in less than a year that Sylva’s board has had to vote on an appointment. Mayor Maurice Moody vacated his commissioner’s seat after the November municipal election.

Harold Henson, who lost his board seat to Danny Allen, was bypassed for the appointment when the remaining members tapped Chris Matheson for the seat Moody left.

Now Matheson, Allen, Stacy Knotts, and Ray Lewis will have to vote to fill Graham’s vacant seat. As with the November appointment, the newest town board member could provide a decisive third vote on key issues.

Replacement to Sylva town board sets stage for new voting majority

The make-up of Sylva’s town board shifted this week when board members voted 3-1 to replace outgoing board member Sarah Graham with Harold Hensley.

The vote changes the town’s disposition from one with a progressive voting majority to one likely to be characterized by fiscal conservatism and a more traditional philosophy.

Graham, who came to the board after leading the Downtown Sylva Association, stepped down from her seat after moving outside the town limits, making her no longer eligible to serve as an elected town leader. Hensley formerly served on the board for four years, but narrowly lost re-election last year.

Graham and Hensley often had opposing visions for the town and voted on the opposite side of key controversial issues.

It’s the second time in less than a year that Sylva’s board has had to vote to appoint one of their own. Mayor Maurice Moody vacated his seat after the November municipal election, and the board replaced him with Chris Matheson.

In the November 2009 election, board members Danny Allen and Stacy Knotts narrowly edged out Hensley. It was Allen who tipped Hensley for the spot at this week’s town board meeting.

“I think the fairest and the honest thing to do is consider the third runner up, previous board member Harold Hensley,” Allen said.

Only Knotts objected to the motion. In a dignified prepared statement she explained her opposition to Hensley, who was seated in the crowd.

“To respect the voters who voted for me I’m going to vote ‘no’ to the motion,” Knotts told Hensley. However, “I will work with you for the betterment of Sylva.”

Knott’s opposition to Hensley was based on her support for town initiatives like downtown improvements, funding for the Downtown Sylva Association, the expansion of recreational facilities and making a forray into land-use planning. That type of progressive platform is one that was largely shared in recent years by Graham and Moody — and more recently by Knotts, Graham and Matheson — giving them the three votes needed to push an agenda.

Now Hensley, Allen and Ray Lewis, who in general share a vision of fiscal conservatism, now hold the majority voting block.

Hensley downplayed his historic opposition to funding for the Downtown Sylva Association after the appointment.

“There probably will be a difference between mine and Sarah’s opinion, but I’m definitely not against the DSA,” Hensley said.

But he did indicate where is priorities lie.

“I hope I can do what I did before, which is never take a decision without the taxpayer in mind,” Hensley said.

Sylva Mayor Maurice Moody only votes in the case of a tie. Moody shares a progressive inclination with Knotts and Matheson, but has also used his energy to try to create consensus on the board. He had hoped to find a candidate that would result in a unanimous nomination.

“I’m not disappointed,” Moody said. “Harold and I agree on some things, and we disagree on some things. I can work with Harold. We’ve known each other most of our lives.”

Another result of Hensley’s appointment is that Knotts is the only sitting member of the board not originally from Sylva.

Moody said Graham had provided a fresh outlook and great experience to the board, and he said there was little point in attempting to draw meaning from a board member’s birthplace.

“I don’t put much importance on being a native, even though I am one,” Moody said. “I would put more importance on the welfare of the town.”

Sylva budget passes on split vote

Funding for the Downtown Sylva Association has caused a rift in the Sylva town board for the fifth year running.

Town leaders last week approved a $2.3 million budget for the coming fiscal year by a vote of 3 to 2. Board members Ray Lewis and Danny Allen cast their votes against the budget in protest.

Lewis said two appropriations particularly irked him: a $12,000 allocation to the Downtown Sylva Association and a $2,500 contribution to the Jackson County Economic Development Commission.

“Ever since I’ve been on the board I’ve voted for a budget, but I just decided this time I wouldn’t do it,” Lewis said.

Allen would not comment on his vote, but he has previously been a critic of the town’s funding for the Downtown Sylva Association.

Town Commissioner Sarah Graham is stepping down from the board in a couple of weeks because she is moving outside the town limits, making her ineligible to serve as an elected town leader. An ardent supporter of DSA, Graham said she wanted to see the budget process through before stepping down.

Sylva Mayor Maurice Moody would have voted in the case of a tie, however, and he has always supported town funding for DSA, a point he drove home following a video presentation shown during last week’s meeting extolling the virtues of the North Carolina Main Street Program.

“That just highlights some of the benefits we do get from the Main Street program,” Moody said, pointing out the town was currently eligible for a $250,000 matching grant through the state and acknowledging Waynesville’s receipt of $300,000 through the Main Street Solutions program.

The funding for the two business development groups was a small portion of the overall budget this year. Sylva will spend nearly $1 million on its police department, $300,000 on streets and another $250,000 on administration.

Overall, the budget reflects a $40,000 decrease from last year, stemming from a decline in local sales tax.

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At our inception 20 years ago, we chose to be different. Unlike other news organizations, we made the decision to provide in-depth, regional reporting free to anyone who wanted access to it. We don’t plan to change that model. Support from our readers will help us maintain and strengthen the editorial independence that is crucial to our mission to help make Western North Carolina a better place to call home. If you are able, please support The Smoky Mountain News.

The Smoky Mountain News is a wholly private corporation. Reader contributions support the journalistic mission of SMN to remain independent. Your support of SMN does not constitute a charitable donation. If you have a question about contributing to SMN, please contact us.