Jackson commissioners give bypass thumbs down

The likelihood of the state Department of Transportation building a bypass around Sylva seems increasingly unlikely after Jackson County commissioners elected this week not to push for the new highway.

The Jackson County Board of Commissioners voted 4-1 on a list of its top six road-building priorities. Conspicuously absent from that top six was a controversial “connector” from N.C. 107 to U.S. 74, which DOT has pushed as a means of easing traffic congestion in Sylva.

Instead of a building a new road to bypass the commercial artery, commissioners would rather see N.C. 107 redesigned to improve traffic flow — a project four of the five commissioners ranked No. 1.

The connector ranked seventh on commissioners’ collective list, arrived at by adding up individual commissioners’ scores for 16 road projects. Commissioner Joe Cowan, who personally ranked the bypass as his top priority, was the lone “no” vote against the overall list.

SEE ALSO: Where the commissioners stand

For at least a decade, DOT’s bypass concept has faced active and ongoing opposition in Jackson County. Opponents formed an alliance — Smart Roads — to fight the project collectively, and were successful in turning out residents by the hundreds at various meetings on the project. Several of those Smart Roads members were on hand Monday night as commissioners, by virtue of not including the bypass in their top six, in essence voted against a new highway.

“Thank you, thank you — we truly thank you for that,” Pat Vance, a homeowner in the Cane Creek area where the bypass might be built, told commissioners.

Cowan, however, sounded a dour note. He said he believes Jackson County, by voting to exclude the proposed bypass, has sent the state an unmistakable signal: take its millions in road-building dollars elsewhere, down East most likely, a position Cowan emphasized he could not, and would not, support.

The proposed bypass also hasn’t fared well in other public-sampling tests in Jackson County lately. The project wasn’t a top pick on the list of road priorities compiled by Sylva town leaders or the county’s planning board either.

In the end, however, those lists don’t count — only the county commissioners’ list does: Commissioners’ picks are used to help develop a Top 25 of construction priorities for the six westernmost counties, which are grouped together for transportation-department purposes.

For that reason, commissioners needed to be very clear about whether the bypass is — or is not — a priority in Jackson County, said Ryan Sherby of the Southwestern Development Commission, who heads up a regional transportation planning organization.

So be it then, Chairman Jack Debnam said.

“Then I’ll go down as the one who took it down and kept it down,” Debnam responded to Sherby.

Debnam and other commissioners expressed frustrations with the state’s method of developing road priorities, with the chairman characterizing the process as a “roll of the dice” based on hunches developed without knowledge or adequate information.

“We don’t have traffic counts, no accident rates; when it leaves here — after it runs in the paper this week — nobody is going to be mad at anybody in Raleigh or anybody else, it is all going to be our fault,” Debnam said.

Commissioner Doug Cody agreed. He said he isn’t convinced that commissioners’ participation actually counts for much anyway, except to deflect anger from the state toward local government officials. And ultimately, Cody said, he believes the transportation department is likely to do exactly what it wants anyway when the time comes to build or not build roads.

“We’re kind of sticking our necks out for 100 percent of the blame for 15 percent of the influence,” Cody said, adding that he believes something does need to be done to N.C. 107, but that the answer was not this single choice — a major bypass going from two undefined points through five or six miles of the county — that was on the table.

“I believe there ought to be options, spelled out,” Cody said. “I don’t like a pig in a poke. … The way we are voting doesn’t take the need away form some type of improvement — it just voices our apprehension, or displeasure, with the process.”

Clearly frustrated, Debnam told Sherby, “you are coming to five commissioners ... who have no experience whatsoever in planning, and putting this burden on our shoulders.”

Historically, the 14-member state board of transportation, stacked with political appointees, wielded nearly unilateral influence on which roads got built.

But under Gov. Beverly Perdue, a complicated system aimed at being more objective assigns points for different variables. The list from commissioners is one of those many variables.

“I just don’t know what the governor thought … that we could be knowledgeable just by virtue by being elected? I think this whole system is just a way for DOT, or the government or someone, to throw the burden on us and not take any flak,” Debnam said.

Mark Jones, one of two Democrats on the board along with Cowan, joined his more conservative board members in voicing displeasure in the process. Jones said when commissioners are asked again in two years for another list, he hopes to at least have “ballpark figures” attached to the projects to consider.

“Then we might be able to make a little bit better decisions in two years as times and numbers change,” Jones said.

Sherby told commissioners that he believes their decision to not include a bypass around Sylva will have real ramifications.

“It’s my opinion that if you all don’t rank this project high, funding is going to go away for it,” he said.

Ancient burial site halts Jackson bridge construction

Not to say they told you so, but the truth is … they did.

Construction of a wider bridge to span the Tuckasegee River in Jackson County was abruptly postponed this month after Indian burials were discovered. This frankly seemed to surprise only the state Department of Transportation, which had disregarded arguments made by nearby residents and former landowners that it keep bulldozers and such out of the archaeologically rich area.

Keep the project scaled down, the opponents argued. Even though a wider bridge has been planned for more than a decade, initially the state said it would build a new bridge in the same footprint as the old one, leaving the archaeological site untouched. Plans were altered in 2007, however, resulting not only in a much larger footprint, but also shifting the bridge over to sit on top of the site.

Cherrie Moses, whose family owned the land for 120 years, has been a vocal advocate for protecting the archaeological site in a field along the banks of the river. Moses has a long history of tussling over the issue with the state.

“It is an expansive area, which covers many acres near the Tuckasegee River. If work is done almost anywhere in our valley you’re very likely to discover most anything, including burials,” Moses said.

The DOT was supposed to go out to bid on the work in August but has delayed it until March 2012 to allow more time for an archeaological excavation of the site before building over the top of it.

“Protecting the important historical findings we have uncovered during the course of this excavation is vital to preserving the cultural resources of the Eastern Band of the Cherokee Indians and local citizens, as well as all citizens of North Carolina,” said Matt Wilkerson, an archaeologist for the transportation department. “We are prepared to take whatever measure is necessary to proceed with the utmost caution.”

The site was recommended for excavation based on previous archaeological discoveries in the area, although they found more than they bargained for. During the course of the excavation, crews found evidence of burials and at least two prehistoric houses, indicated by distinct patterns of post holes that show the outline of where walls stood.

The excavation was halted last fall because of these discoveries, as well as the onset of cold temperatures. The state said it plans to resume excavation of the site in the next few weeks.

Moses also expressed concern about where unearthed artifacts will go.

“It was my mother’s dream that any artifacts and burials be turned over to the Cherokee Museum including those items which were removed in the 1960s without any written permission from my mother or father. These unique treasures, no matter how small, should remain here within these mountains. They should not be taken to the State Repository where they will never be viewed by anyone from our area,” Moses said.

The $4.2 million will widen the bridge from 20 feet to 50 feet with three lanes, shoulders and a sidewalk to reduce maintenance costs, improve safety and reduce congestion.

Boulevard redesign could be in the cards for Macon’s busiest thoroughfare

Eve Boatright isn’t prepared to openly criticize motorists speeding past her bookshop along U.S. 23/441 south of Franklin. The British transplant has a keen sense of humor, and recognizes those criticized could, in turn, question her ability to drive on the right side of the road — literally.

Boatright, however, does believe the traffic flow along U.S. 441 seems too fast for such a heavily used traffic corridor.

“When you are right on it like this, you see people don’t slow even when it’s raining,” said Boatright, who represents the second half of the store’s name, Millie and Eve’s Used Book Store. “But, location wise, I wouldn’t want to be anywhere else.”

She means it. When the bookstore was forced by rising rent to change locations this month, the two business partners sought and found another storefront a couple miles closer to Franklin on U.S. 23/441. They didn’t want to kiss goodbye to the incredible amount of pass-by traffic, and subsequent drop-ins, this highway provides.

U.S. 23/441 is locally known as the Georgia Road. It’s so dubbed because the five-lane highway connects North Carolina and Georgia. This 10-mile or so stretch of road has experienced explosive growth since representatives from the two states met at the connecting line in the mid 1990s for a highway-ribbon cutting. That growth, and the corresponding increase in traffic, doesn’t pass un-remarked in a proposed comprehensive transportation plan for Macon County.

“While congestion is not yet an issue, mobility is compromised by the numerous driveway cuts, unsignalized left turns and density of traffic signals,” the proposed plan notes. “A look at this stretch of US 23/441 as a whole reveals 73 crashes took place from June 1, 2007 to May 31, 2010.  The majority of these were ‘rear end’ or ‘left turn’ accident types.”

When the committee putting together the plan asked residents their opinions, “respondents expressed the problems along U.S. 23-441 using the following terminology: bottleneck, too many red lights, too many access roads, congested, unsafe, too many people trying to turn, too many lanes, it sets people up for accidents, not easy to maneuver, consider a median, middle turn lane is too dangerous, extremely dangerous, terrible, stop and go, crazy, disaster, gridlock, and ingress and egress are tragedies waiting to happen.”

“It’s a horror,” said Eric Hendrix, a Macon County resident who operates Eric’s Fresh Fish Market in Sylva, and who plans next month to open a second fish market in Franklin. “U.S. 441 South is what Sylva does not want N.C. 107 to become.”

Jackson County residents are embroiled in a debate about how or whether to “fix” N.C. 107 from Sylva to Western Carolina University. One option the state proposed was to build a bypass around the problem, prompting opponents to rally for “smart” roads versus new ones.

A bypass solution around U.S. 441 certainly isn’t on the horizon for Macon County. Instead, the proposed traffic plan suggests redesigning this section of road to a boulevard concept by removing the center turn lane and adding a median. Instead of making left-turns across lanes of oncoming traffic, motorists would make U-turns at stoplights to access businesses on the other side of the road.

Additionally, the transportation committee said there is local support for the plan, called a “super-street” design. The traffic pattern is currently all the rage since N.C. State University released a major study showing super-streets result in dual reductions of travel time and accidents.

The town of Waynesville has endorsed a similar redesign of its busiest thoroughfare, Russ Avenue, as a boulevard concept. Smart road advocates in Sylva want to see similar treatment of N.C. 107.

MaAron Cabe of The Gallery of Gems and Minerals along U.S. 23/441 did his own traffic count once, part of an effort to get a stoplight installed at a nearby intersection following a bad wreck. He tallied 20,000 cars a day.

Cabe didn’t get the stoplight. But he remains adamant that safety improvements near the store are badly needed. A popular movie theater is nearby, and there are several wrecks a year, he said.

The corridor is also home to many restaurants, Lowe’s Home Improvement, The UPS Store, the Fun Factory, the Macon County Fairgrounds, the Smoky Mountain Center for the Performing Arts. And, via spur roads, K-Mart, Southwestern Community College the Macon County Public Library and more.  

Ryan Sherby, a transportation planner with the Southwestern Development Commission, a regional agency for the state’s seven westernmost counties, said he hopes people take time to comment on the proposal.

“It helps the committee to hear from the public,” Sherby said. “Everything we’ve heard so far has been on Needmore Road, and we’d like for people to look at the county as a whole.”

Needmore Road, a reference to a 3.3-mile gravel portion of road in Macon and Swain counties that the state has proposed paving and widening, isn’t actually contained in the plan. It’s too far along in the process. But, as is the case in Jackson County with the proposed bypass around N.C. 107, Needmore Road in Macon County has dominated most discussions here when it comes to transportation.

Sherby said the timetable calls for the committee to review the comments, and then to hammer-out a final version of the plan. It could be in front of county commissioners for consideration as soon as the June or July meetings, he said.

 

Want to weigh in?

Comment will be taken from 4:30 p.m. to 7 p.m. March 24 at Franklin’s town hall.

The suggested Comprehensive Transportation Plan tackles many road issues in Macon County. An adopted plan will give Macon County a leg-up on getting road projects prioritized with the N.C. Department of Transportation, which awards extra points (10 to be exact) when considering suggested improvements.

View the plan at: www.regiona.org/Macon_CTP.htm

Plows miss part of I-40

Motorists beware: a no man’s land at exit 37 on Interstate 40 may not be plowed and salted in bad weather with the same regularity as the rest of the highway.

The stretch in question lies near the Haywood-Buncombe county line, where a few hundred yards of the Interstate are occasionally overlooked. Plows and salt trucks coming from opposite directions — one crew from Haywood and another from Buncombe — use exit 37 as a natural turn-around point before heading back the other way.

“Essentially the county line is within a few hundred feet,” said Ed Green, the Department of Transportation maintenance engineer for Division 13, a seven-county area that includes Buncombe.

But there is a short stretch of Interstate between the exit ramp and the on ramp — including a bridge over the road below — that gets missed.

“Who does the bridge?” Green said in response. “I am not sure about who does that. At some point, some of them overlap, but they may not do it every time depending on how bad conditions are.”

One crew or the other has to overshoot exit 37 to avoid leaving a gap. Since the bridge has no shoulders, going past the exit in order to hit the bridge and then backing up isn’t an option.

“That’s too dangerous,” said Ben Williams, DOT maintenance supervisor in Haywood County. “The only way to do it is run past it.”

But when Haywood’s trucks overshoot exit 37, they have to continue for several miles to the truck weigh station before they can turn around. If Buncombe’s trucks overshoot exit 37, they can’t turn around until exit 33.

And that’s exactly what they do — most of the time that is, according to Chad Bandy, DOT maintenance supervisor in Buncombe County.

“A lot of times what we’ll do is go into Haywood County some, and they come into Buncombe County some,” said Bandy.

But occasionally, it gets skipped.

The territory around exit 37 lies on Buncombe’s side of the county line and is technically Buncombe’s responsibility — not Haywood’s. Plow and salt truck drivers coming from Buncombe decide whether to turn around at exit 37 or keep going to exit 33 “as conditions warrant,” Bandy said.

One Tuesday morning in early February there were two wrecks due to ice on the exit 37 bridge — one on each side of the Interstate, according to accident reports by the N.C. Highway Patrol.

That morning, Buncombe crews plowing and salting the road passed over the bridge only every other trip, Bandy said. The other trips, they turned around at exit 37 and didn’t proceed over the bridge all the way to the county line.

Mary Clayton, who commutes daily to Haywood Regional Medical Center from Buncombe County, said ice on the bridge threw her for a loop that morning.

“I didn’t even realize the weather was bad or the roads were bad. Then I hit the bridge and as soon as I hit the ice, well, I lost it,” Clayton said.

In all fairness, there were other weather-related wrecks on I-40 near exit 37 that morning as well, but not on the section that lies in no man’s land.

“There was one, two, three, four, five, six wrecks near the 37,” said Jennifer Hodge, an office assistant for the North Carolina Highway Patrol in Buncombe County.

Four of those six wrecks were due to icy roads, according to the accident reports. Two were on the bridge, which lies inside the no man’s land, while two were just east of it — indicating that the road was icy in other areas too, and that less-than-diligent plowing of the bridge isn’t necessarily to blame.

I-40 is a priority for Buncombe plow and salt trucks. Two drivers are assigned to the Interstate and make continual passes the duration of a snowstorm.

But there’s no log that shows how often Buncombe’s trucks turn around at exit 37, skipping the bridge in the process, versus continuing on to exit 33.

“We don’t keep a record of every trip the truck makes,” Bandy said.

 

Highway Patrol lodges concerns

Inconsistent plowing at exit 37 hasn’t gone unnoticed.

“Between Haywood and Buncombe is kind of a no-man’s land,” N.C. Highway Patrol Sergeant Henley said. “Buncombe handles one side and Haywood handles the other.”

Motorists who commute regularly have noticed in the past that the stretch between the exit ramp and on ramp can be snowier than the rest of the interstate.

It was such a problem last winter that the Highway Patrol held a meeting with Buncombe County DOT maintenance workers this fall to discuss it before another winter hit.

“It was addressed with them and they assured us it would be taken care of,” Henley said.

Bandy said he remembered the meeting, but not that particular topic.

“I mean, yeah, we talked about, you know, a lot of things with snow and ice,” Bandy said.

But he didn’t remember concerns about exit 37 specifically.

“Not that I recall, but there may have,” Bandy said. “I don’t remember that particular one, but it may have come up.”

Henley recalls it clearly, however. He said the Buncombe DOT workers assured troopers that they had a protocol for dealing with exit 37.

However, that protocol remains difficult to ferret out.

Green, who initially said “I am not sure who is doing what out there” pledged to look into it. A few days later, after talking to Bandy, he reported back.

“I talked to our folks and found out they are treating it. They go all the way to 33. Not every time but most of the time,” Green said. “They assured me it was being taken care of.”

When asked whether the Buncombe and Haywood maintenance units call each other ahead of time to coordinate who will do the bridge, the answer was “no.”

“We don’t,” Bandy said. But, “during the event as conditions warrant, we do talk to each other,” he added.

Ben Williams, the maintenance supervisor in Haywood County, confirmed that the two units don’t call each other to coordinate ahead of time.

“Sometimes it depends on who gets there first. If it is there and it needs pushing we’ll do it,” Williams said. “We are very fluid.”

Bandy and Green said it makes more sense to let the plow drivers make that decision on the ground, since it depends on timing of who arrives there first and how bad the road is.

“They are not really going to know until they get there,” said Green.

However, that’s not the impression Henley was given at the meeting last fall when troopers asked about a protocol for making sure the stretch wasn’t forgotten.

“They kind of assured us they had one,” Henley said.

Henley said it would be preferable for crews to decide prior to a storm who would do it.

Bandy and Williams, the maintenance supervisors in Buncombe and Haywood respectively, both referred to each other as friends, and even talked to each other in between interviews for this article. As friends, it may be one reason they don’t feel an official protocol is necessary.

“Ben and his counterpart in Buncombe are good friends, and I am sure they have it worked out,” said Mark Gibbs, the maintenance engineer for DOT’s Division 14, a 10-county area that includes Haywood County.

It could also explain why Williams would send Haywood County trucks into Buncombe County simply to be a good neighbor, despite struggling with not enough money for snow removal in his own county.

Gibbs said he has never asked Williams how the stretch at exit 37 is handled. He travels the section of I-40 every morning on his commute to Sylva. This is the first winter he has been making the commute, but has never noticed a problem.

“Every time I have been through there, there has been very little transition between the two lines,” Williams said. “The coordination of both counties, even though it is across Division lines, seems to work fairly well.”

N.C. 107 connector: County leaders to weigh in on controversial project

Jackson County commissioners have been asked to select their Top Six road priorities to pass along to the state Department of Transportation — a decision that could help decide whether a controversial, five-mile bypass around Sylva is ever built.

The commissioners’ input will help shape an even bigger to-do list: a Top 25 for the entire 10-county region of DOT’s Division 14. The projects on that list, in turn, eventually must vie for funding statewide.

The list compiled by the county’s board of commissioners is likely to figure heavily in whether the bypass (once dubbed the Southern Loop, now called a “connector” by the transportation department) moves forward. The bypass would be a new major highway bisecting Jackson County, with the intention of diverting traffic from N.C. 107.

Jackson County’s planning board recently compiled their Top Six projects. That recommendation was done to help guide commissioners in making their own selection.

All that sounds very tentative and preliminary. But, in fact, a 10-year work program compiled last year by the transportation department shows right-of-way acquisition on the bypass is scheduled for fiscal year 2016; construction would start in fiscal year 2018. The existence of actual startup dates for the project (if approved) are likely to underscore opponents’ beliefs that the transportation department has “fast-tracked” the new highway over widespread public wishes to the contrary.

Funding already has been secured, too, for an environmental study of the proposed bypass’ path, Julia Merchant, transportation department spokeswoman, confirmed last week.

“(But) the environmental planning has been placed on hold as the department waits to see the outcomes of the feasibility study to improve N.C. 107 and receive the county’s list of transportation priorities to determine how the county would like to move forward,” Merchant wrote in an email to The Smoky Mountain News.

Commissioners are expected to work on the list for the next couple of months. The regional ranking must be completed by summer, said Ryan Sherby, who oversees transportation for the state agency Southwestern Development Commission.

“The county commissioners represent the citizens of this county,” said Susan Leveille, a member of the Smart Roads Alliance, an activist group in Jackson County. “It matters a lot that they make decisions based on what the citizens want and what is in the best interest of the citizens in the future.”

Leveille questioned the potential cost of a bypass.

“It is our hope that (commissioners) will put other DOT projects ahead of this bypass that the citizen and experts say will not cure the ills on N.C. 107, and will cost so much in money and natural resources,” Leveille said.

 

Jackson County planning board Top Six highway recommendations:

• Redesign N.C. 107 in Sylva to improve traffic flow

• Add a west bound on-ramp at exit 85 on U.S. 74

• Improve Cashiers crossroads intersection, possibly with a roundabout

• Redesign U.S. 23 business from town to the hospital

• Install new interchange at U.S. 441 and N.C. 116

• Build N.C. 107 connector (Southern Loop), specifically on the existing Cane Creek/Blanton Branch corridor

Source: Southwestern Development Commission

Southern Loop: County leaders to weigh in on controversial project

Jackson County commissioners have been asked to select their top six road priorities for consideration by the state Department of Transportation, a decision that could help decide whether a controversial bypass around Sylva is ever built.

Division 14, a 10-county region of the transportation department, plans to use the information to help it decide which projects should be included a bigger to-do list: A top 25 for the entire division. These projects, in turn, eventually must vie for funding statewide.

The list compiled by the county’s board of commissioner is likely to figure heavily in whether the Southern Loop moves forward. The Southern Loop would be a new major highway that would bisect Jackson County, with the intention of diverting traffic from N.C. 107.

Opponents to the Southern Loop have questioned the need and scope of the project, and whether the transportation department has “fast-tracked” the new highway over public wishes to the contrary.

Funding already has been secured for an environmental study, Julia Merchant, transportation department spokeswoman, confirmed today (Friday).

“(But) the environmental planning has been placed on hold as the department waits to see the outcomes of the feasibility study to improve N.C. 107 and receive the county's list of transportation priorities to determine how the county would like to move forward,” Merchant wrote in an email to The Smoky Mountain News.

Asked how important commissioners’ decision would figure, she replied:

“In terms of the state DOT’s ranking system, the priorities set by a county or region certainly send a message and may give a project more points. However, each project is weighed and ranked on the value it would add to the transportation system, and the priorities set locally and regionally are just one factor in that decision process. Basically, there’s no rule saying the state will automatically pick up a region’s top priorities. That said, local and regional input is still very important to the state’s prioritization process, and that’s why we have numerous channels for gathering such input.

“Conversely, a project could theoretically end up on our Work Program even if a local or regional authority does not include a project on its list of priorities. However, it would be very unusual that a project would meet criteria to qualify as a priority on DOT’s list if it wasn’t also supported locally and regionally.”

For more on this issue, read next Wednesday’s print and online edition of The Smoky Mountain News.

Needmore Road paving proposal once again draws a crowd

The second and final public hearing on whether the N.C. Department of Transportation should widen and pave Needmore Road took place in Macon County last week.

Needmore Road is a rough, one-lane, 3.3-mile gravel road along the Little Tennessee River in Macon and Swain counties. It parallels N.C. 28, but on the opposite bank. The road runs through the protected Needmore Game Lands. A broad coalition of environmentalists, hunters, local residents and others saved the 4,400-acre tract from development some six years ago after raising $19 million to buy the land from Duke Energy.

Twenty-seven people spoke at the recent hearing. Additionally, the entire five-member Macon County Board of Commissioners turned out to listen, along with transportation department officials. These comments come on top of nearly 800 signatures on a petition supporting some type of paving or resurfacing, and at least 66 written comments sent in to the department of transportation earlier. Plus, about 25 people spoke publicly at a previous public hearing last fall.

In a follow-up discussion, DOT spokesperson Julia Merchant told The Smoky Mountain News a post-hearing meeting would be held in about six weeks “to discuss each and every comment that has come in on the Needmore project. Then, we’ll make a decision as to whether future studies will be conducted.”

Merchant said no percentage weight is assigned directly to public support or opposition.

“So I guess you could say it’s more intuitive,” she said. “Public comments certainly weigh in the decision making, but we have to balance them against engineering criteria. We also have to weigh other engineering criteria such as cost, traffic surveys and impacts to the human environment in order to come up with the best solutions.”

DOT probes allegation of fraud in road maintenance contracts

The Department of Transportation isn’t sure how long it will take to investigate anonymous allegations of fraud among road maintenance contractors and DOT employees in Haywood County, according to a spokesperson for the agency.

A second anonymous letter was distributed last week alleging favoritism by DOT’s maintenance supervisors in awarding contracts for roadwork in Haywood and Jackson counties, prompting DOT officials in Raleigh to ratchet up the caliber of their internal investigation.

Routine maintenance such as cutting brush from roadsides, hauling gravel, cleaning-out ditches and even building secondary roads is not done in house by DOT maintenance crews, but instead is done by private contractors.

The letter alleges that one private contractor who pulls down the lion’s share of the work overbills the DOT, while the DOT maintenance division looks the other way. The letter details several examples of jobs where DOT maintenance supervisors were complicit in overpaying the contractor.

After receiving the first anonymous letter, Joel Setzer, the head of the 10-county division of the DOT that includes Haywood and Jackson, initially assigned someone in his own office to conduct the internal investigation. However, DOT officials in Raleigh have turned it over to the office of inspector general, an autonomous arm of the DOT that handles internal investigations.

“We take every report of any kind that we get very seriously, whether they come from employees internally or people outside DOT,” said Greer Beaty, director of communications for DOT in Raleigh.

The DOT’s office of inspector general is a recent creation under the administration of Gov. Bev Perdue, who has pushed for openness and accountability of state government. It has eight fulltime investigators — seemingly a large staff to do nothing but look into allegations of wrong-doing within a single state agency, but DOT is a massive operation.

DOT has between 12,000 and 14,000 employees, a budget of $4 billion and hundreds of contracts it oversees.

Many allegations don’t pan out. But in the process, the office of inspector general will make recommendations on new ways of doing business, Beaty said.

“There are going to be instances where we can do things better,” Beaty said. “The investigation will point out where we might strengthen a policy or procedure.”

That might indeed be the case with this investigation, where the way in which DOT maintenance divisions award work to contractors will undoubtedly be examined.

“It will be a good time for us to look and say ‘This policy is appropriate,’ or ‘Gosh, we could make this policy stronger by doing this,’” Beaty said.

Investigators are handicapped when looking into anonymous claims, Beaty said.

“There is no way to ask questions or get supporting documentation. We have to start from ground zero and turn over every rock,” Beaty said.

While the letter names DOT maintenance employees and specific contractors, The Smoky Mountain News will not print those names unless the allegations are substantiated.

New York City? No wonder they left us out

A spokeswoman with the state Department of Transportation said they didn’t intentionally leave out the state’s westernmost counties on an official logo created by consultants paid $434,590.46 by taxpayers.

That amount, in the interest of accuracy, was a lump sum for work done on the Complete Streets project, not just for creating a logo that — despite transportation officials’ assurances to the contrary — fails to include the state’s westernmost counties.

The transportation department adopted a “Complete Streets” policy in July 2009. The policy directs the department to consider and incorporate several modes of transportation when building new projects or making improvements to existing infrastructure.

The transportation department contracted with consultant P.B. Americas — interestingly, the company is headquartered in New York, so how could they be expected to know about counties west of Buncombe? — to lead and assist the Complete Streets project.

“While I can see what you mean about the Complete Streets logo appearing to lop off the far western counties, I can assure you that’s not the intent,” said Julia Merchant, a transportation department spokeswoman.

Merchant, it should in fairness be made clear, is perfectly familiar with the western part of the great state she now serves. Before taking the job in Raleigh, Merchant worked for this newspaper as a reporter and is a graduate of Appalachian State University.                                                                                      

“The logo is simply a sketch/rough outline of the state, and not a to-scale map,” she said. “So while the sketch may seem to exclude the far western counties, I can tell you they were very much included (as was the rest of the state) when it came to developing the Complete Streets guidelines.”                                  

Don Kostelec, senior transportation planner who works for an Asheville consulting firm, wasn’t amused when he saw the pricey logo adorning the new initiative.

“Yeah, it’s probably a little petty,” Kostelec said. “(But the logo) has chopped off the westernmost counties of the state while the coast and Outer Banks still maintain all of their detail. As a native of Macon County, this infuriates me. And they wonder why there is a healthy distrust of Raleigh in the mountains?”

Kostelec suggested the newspaper use the following headline if it pursued a news story: “Complete Streets … Incomplete State.”

Letter alleges DOT fraud; investigation under way

An anonymous letter alleging corruption — including bribery, embezzlement, overbilling and theft of state materials — among contractors hired to do roadside maintenance for the N.C. Department of Transportation in Haywood County has been widely circulated in recent weeks.

County commissioners, law enforcement, state politicians, media outlets and the DOT itself received copies. While the letter isn’t signed, the allegations are detailed and specific — specific enough that it has prompted the DOT to conduct an internal investigation.

“They are some serious accusations that have been made,” said Joel Sezter, head of the DOT for a 10-county area that includes Haywood.

When Setzer got a copy of the letter in late December, he assigned a staff person from his own office to start an internal investigation. But Setzer’s boss has since taken charge of the inquiry, and it is now being orchestrated out of the Raleigh office.

Terry Gibson, the State Highway Administrator in Raleigh, has pledged to get to the bottom of the accusations.

“The allegations do concern us very much. We will not stop until we are sure things are running like they ought to out there,” Gibson said. “We don’t want to hurt anyone that is innocent, but if someone is doing something that is not right we want to deal with it.”

Gibson said he assigned his Chief Engineer John Nance, essentially the second in command over the DOT, to spearhead the investigation. But he has also brought in the Inspector General for the highway department, which acts as an autonomous review body.

“We asked them to make sure it is an independent look,” Gibson said.

Setzer would not speculate on who wrote the letter. But whoever it was has a working knowledge of DOT maintenance operations. The letter mentions the names of several DOT employees and contractors, as well as specific contracts and purchases.

Gibson said chasing down claims in anonymous letters can sometimes be difficult since there is no original source to interview.

But, “This one is so specific that it should help us try to determine the validity,” Gibson said.

How aggressive DOT will be with its internal investigation remains to be seen. However, ignoring the letter — particularly since it was so widely disseminated — would have been difficult.

The letter was sent to all five Haywood County commissioners, who in turn passed it to District Attorney Mike Bonfoey.

“We don’t have the authority to do a criminal investigation as a county board. That’s a law enforcement issue. If they deem it necessary for a law enforcement investigation, that is their decision,” County Manager Marty Stamey said.

Bonfoey, in turn, passed the letter on to Sherriff Bobby Suttles.

“I sent it along to the sheriff for him to act appropriately,” Bonfoey said.

Bonfoey declined to comment on why he sent it to the sheriff rather than the SBI, which would be better equipped to handle an investigation into possible public corruption.

Sheriff Suttles said an investigation of a state agency like the DOT would have to be done at the state level, presumably the SBI, and not his office.

“I don’t see an investigation from the sheriff’s office on it at this time,” Suttles said.

Beside, since the letter was anonymous, there is no clear starting place, Suttles said.

“It doesn’t give you too much to go on,” Suttles said.

Setzer said he won’t hesitate to call for a criminal investigation by the SBI if his agency finds the allegations have any merit.

“If any laws were broken then I will be making a reference to the SBI, but I don’t if they have been yet or not,” Setzer said. “Right now it is hard to know what is accurate and what is inaccurate in that letter, and I don’t want to speculate.”

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