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.”

State budget timing critical to local governments

Local boards are finding themselves on the wrong end of the dog when it comes to putting together budgets for the upcoming fiscal year.

In Jackson and Macon counties, at work sessions held by commissioners in their respective counties last week, much of the discussion at these relatively informal get-togethers involved speculation on when — and what — might be expected from the state General Assembly.

The state, as it were, would be the front end of the dog.

North Carolina is facing a projected $3.7 billion shortfall. Thousands of state jobs are threatened, with massive cuts expected to come for health and human services, schools and other critical services offered on the state and local level.

So, what does that mean for counties?

“There are certain things we have to provide,” said Evelyn Southard, finance officer for Macon County.

And not knowing how much money will come down the pike from the state complicates matters, she said. When counties will know the full extent of the financial devastation is unknown, but that knowledge is critical to local boards starting preparations on budgets for the next fiscal year.

Macon County Manager Jack Horton warned his board that even though members of the General Assembly are making happy noises about having their budget passed by the end of June, August is more typical, and the state has actually lagged before into October.

“We have to have the (ability) to take care of the county business whether the state gets their house in order or not,” said Horton, a veteran administrator who has also worked over the years in Swain and Haywood counties.

 

Jackson faces immediate shortfall

In Jackson County, officials were concerned about staying within this year’s budget in addition to preparing next year’s.

Jackson County must either slow its spending, interim Manager Chuck Wooten said, or the county must dip into the fund balance — those are the two choices facing Jackson’s commissioners. An across-the-board cut for county departments seems the most palatable option of the two, Wooten said.

The problem is not enough people are paying their taxes in Jackson County. A gap between the budgeted tax-collection rate for the current fiscal year, and the actual collection rate occurring so far is 0.62 percent off what was originally projected. Sounds tiny, but that adds up to big bucks: there is a projected revenue shortfall for the current year of $336,004, including failures to pay vehicle taxes.

The recession has taken its toll on all counties when it comes to people paying their taxes. Jackson’s budget for this year assumes a property tax collection rate of 95.4 percent. Last year, the tax collection rate was only 94.8 percent, but county leaders apparently banked on it coming back up.

Wooten said as a result this year’s budget is “too optimistic,” though he stopped short of assigning blame. Wooten replaced longtime County Manager Kenneth Westmoreland in January.

In response, Jackson County commissioners indicated they would probably become more aggressive in tackling tax scofflaws.

“Why have we not gone after this?” Jackson Chairman Jack Debnam asked, presumably of the only two (Democrats) commissioners who remain from the previous board.

Debnam then answered his own question: “I know, we’re a small county — they could be friends and relatives.”

New Commissioner Doug Cody, a Republican, warned his fellow members that favoritism must play no role.

“If we go down this road, it is important to treat everyone equally,” he said.

Macon County leaders, by comparison, were merry about having a mere $34,283 projected discrepancy.

“And I think there’s some room in here for our expenditures and revenues to be even better than is shown here,” Southard said.

In other state-local government news, the N.C. Association of County Commissioners last week passed a list of legislative goals the group wants state leaders to adopt. Beale, who attended the meeting, summarized the top five priority goals of the group:

• Oppose shifting road maintenance from the state to the counties.

• Reinstate Average Daily Membership, a formula that uses school enrollment to determine funding levels, and lottery funds for school construction.

• Ensure adequate mental-health funding by seeking legislation for adequate capacity of state-funded acute psychiatric beds; oppose closing state-funded beds until there is adequate capacity statewide, and seek legislation to maintain the existing levels of state funding for community mental-health services.

• Preserve the existing local-revenue base (don’t take money streams away from already-hurting local governments).

• Authorize local revenue options by allowing counties to enact by resolutions, or at the option of boards of commissioners, by voter referendum any or all revenue options from among those that have been authorized for any other county.

Motocross track would violate our rights

To the Editor:

Clarks Chapel is a delightful and quiet area that in recent years has attracted many people, including retirees, investing in land and homes. They have done so to enjoy the tranquility and beauty of this small part of the mountains.

Mr. Bud Talley is proposing to insert into this lovely area a commercial motocross track, operating it for monetary gain with, in our view, no genuine concern about the effect it would have on his neighbors.

Macon County has no zoning, but like other counties in Western North Carolina it has a high impact ordinance to help reduce the negative effects of intrusive businesses. Mr. Talley needed, and attempted to obtain, a waiver of a key provision of the ordinance so he could proceed with his track, but was refused. So he is now proposing to go ahead with an alternative version, exploiting a loophole in the law that would allow him to operate all day, seven days a week, and which he has openly stated would have greater negative impact on neighbors than his original proposal.  

Talley says that we neighbors “don’t understand,” that motocross racing is not like Hell’s Angels, but is a “family activity.” This is patronizing to us; we know what it is. What he doesn’t mention is that motocross is an extremely noisy and disruptive activity that has huge negative impacts on those living close by. The fact that many such tracks all over the country have attracted lawsuits by neighbors shows clearly that placing motocross in residential areas is in no way positive.

Even the pastor of a nearby church testified in the waiver hearing against his proposal because it would be disruptive to the work of the church.

Talley and others say that he should have the right to do what he wants on his own property. We agree that property rights must be respected. But what does that mean? We have property too. Don’t we have the right to enjoy our properties in peace, to quietly tend to our gardens, sit on our porches on tranquil evenings, and have friends over for dinner and quiet conversation? Talley’s exercising his property right would take away our property rights. Why should his rights take precedence over ours? No one has the right, in exercising his rights, to take away the rights of others. Rights are not absolute. They often conflict, and must always be exercised responsibility.

During the variance hearing Talley magnanimously and publicly offered to place ads in local papers to let us know when races would be held, so we could go somewhere else for the weekend and avoid the noise.  Isn’t that nice!  His idea, apparently, is that it’s OK we neighbors would have to abandon our homes so he can have his races and make money.  This shows to us, as it should to everyone, how out-of-touch he is with understanding the impacts of what he is proposing. We don’t understand what world he is living in, but it’s not a world inhabited by any of us.

Talley has stated that the economic benefits of the track would outweigh the costs. This is patently false. It is an indisputable fact that motocross tracks severely reduce nearby property values. Under real estate sales rules that have been developed by the private sector real estate industry, not any government, the existence of such a track nearby is deemed a negative “material fact,” and must be disclosed to potential buyers. Testimony at the hearing showed that, given the value of property in the vicinity, even a small percentage reduction in value, a very conservative estimate, would diminish surrounding property value by several million dollars. In essence, Tally is trying to make money for himself by robbing us, his neighbors, of our property values that we have invested our own hard-earned money in, and have every right to expect will be protected.

This project will also weigh on the future economy of the county. A highly visible racing facility would send a strong signal that Macon County is unwilling and/or unable to control the development of obnoxious activities, greatly reducing its attractiveness as a place to live and retire. Many persons who have bare land in our area, and planed to build retirement homes, are already on record that they will not do so if this project moves forward. The loss for the county would be enormous.

In sum, this track is a very bad idea. We earnestly hope Mr. Talley will look to the infinity of other ways he can draw income from his property. Given the current lack of protective laws in Macon County, if he goes ahead our only recourse will be the courts, to stop the track or, failing that, seek damages. These strategies have been successful elsewhere, but they only enrich lawyers, who would be happy to take on the ensuing cases that would seek thousands or even millions in damages. We hope not to be forced down that road, but if left with no other choice will have little option but to do so.

John and Janet Binkley

John and Joye Feaster

Lynn Olson

Macon County residents

Editor’s note: Bud Talley, who is planning to build the motocross track, was given the opportunity to respond to this letter but declined.

Dirt-bike track gets green flag

Bud Talley said this week he plans to move forward on building a dirt-bike track on his farm in Macon County despite opposition from neighbors.

The size and scope of the project hasn’t yet been determined, Talley said, but “something” will be built come spring.

“The economy is failing everywhere, and I’m not sure how much money I want to invest,” the farmer and owner of Nantahala Meats in Franklin said.

Talley set off a firestorm of controversy in Macon County after his neighbors in the largely residential Clarks Chapel community learned he intended to build a dirt-bike track. Talley asked the Macon County Board of Adjustment in December for a setback variance that would have given him the needed wiggle room to build a sanctioned track. He withdrew the variance when board members signaled their intention to deny the request.

More than 100 people turned out for the hearing, most to speak against Talley’s planned dirt-bike track.

Even without a setback, there is apparently nothing to prevent Talley from legally building a dirt-bike track, or motorcross, albeit it smaller than originally intended to comply with the county’s setback requirements. He became interested in the sport because his son is involved in dirt-bike racing.

Falling in love with the art of paper cutting

A single piece of paper can bring all sorts of different things to our lives: the excitement of a love letter or the heartbreak of a Dear John, the frustration of a speeding ticket or the accolades of a diploma, the joy of a birth certificate or the sorrow of a last will and testament. But for one Franklin woman, a single piece of paper brought her the beginning of four decades of artistry and a craft that, she said, she never tires of.

Marcia Roland is a scherenschnitte artist, a specialist in the folk art of paper cutting. Her pieces range in design from simple two-dimensional scenes to intricate, many-tiered 3D works, mostly cut from plain white paper.

Roland said she picked up the hobby nearly 40 years ago when she saw a Scandinavian woman paper cutting at a craft fair at the Asheville Civic Center. She bought one of the artist’s pieces – a boy with a goose and tree – and took it home, where she started experimenting with creating her own replicas. After many attempts, she was finally able to make a scaled version of the 18-inch model to fit into a legal envelope and she promptly started cutting them to use as Christmas cards that year.

“I made close to 50 of those for our Christmas cards and sent them to people and it was at that time that I kind of got hooked,” said Roland. “Then I started to do some research and I discovered the information on the history of it, and then I started to look for patterns.”

Most of what she found was two-dimensional; simple flat patterns and silhouettes. But Roland really loved the 3D work, so she took the flat patterns, modified them, cut them twice then stitched the pieces together with a sewing machine, which is much the same process she still uses today. Her works are one part pattern, one part artistry and one part engineering, as it takes some tinkering and tweaking to finally create templates that are balanced enough to support themselves without being top-heavy or stand freely withouth collapsing. But Roland said that the tweaking is part of the craft’s draw, as is the beauty and delicacy of the art it produces.

Scherennschnitte isn’t a new process. Though there are few remaining examples due to the short life paper, by its nature, enjoys, there is evidence of intricate paper cuttings dating as far back as ninth century China. The practice really saw its vogue, however, in the 17th and 18th centuries, when peasant children and housewives in Germany began cutting intricate folk scenes and designs into carefully saved scraps of excess paper. They were used in children’s games and as inexpensive decorations to adorn the walls and mantles of homes. The word itself – scherenschnitte – is the German term for a silhouette, and can be literally translated as ‘scissors cutting.’

The tradition lived on and was imported to the United States in the late-18th and early-19th centuries, where it found its way into things like lace paper doilies, Valentine’s cards, bookmarks, book plates and Christmas ornaments.

Today, artists around the world employ the process in fine as well as folk art, keeping the tradition alive and adapting it to modern artistry.

Marcia Roland doesn’t see herself as a professional artist, but she has long continued her paper cuts because she loves the process and is always finding inspiration for new pieces. Most of her art features folk scenes and outdoor depictions or is holiday-themed, like a series of nativity scenes or a three-dimensional menorah. But Roland said she just cuts whatever inspires her, whether it be a butterfly on a newspaper advertisement or a catalog photo of a wooden nativity, both of which she’s turned into scherenschnitte designs. Sometimes, she said, she takes cues from her own life, too, about which subjects to cut next.

“I have two grown sons, so at one time that’s what got me to try something with hunters, so I’ve done a few of those,” said Roland. “My husband’s job has taken us all over the country, and that also inspires some of the designs.”

A selection of Roland’s work is now on display at the Macon County Library, where she’s shown it several times since moving back to the area eight years ago. And while for decades, she only made cuttings to give away to friends or keep privately, she’s now taking the age-old art of scherenschnitte to the world, demonstrating at the county fair and loaning her work for display. She has recently considered, she said, holding a class to pass the craft on to others.

And even now, 40 years later, Roland said she intends to continue cutting paper, always seeking a new challenge in the ancient craft that has never gotten old.


On display
Marcia Roland’s work can be seen through the end of January at the Macon County Public Library in Franklin.

Needmore proposal back for debate; this time in Macon County

People for and against the state Department of Transportation’s plans to pave and widen a 3.3-mile section of Needmore Road have another opportunity to tell officials what they think this month.

At the request of the Macon County Board of Commissioners, the transportation department will hold a second public hearing Jan. 25 in Macon County. The state agency fulfilled public law by holding one last fall in Swain County — the road connects Macon and Swain — but Macon leaders wanted to ensure their residents had a say, too.

You do not have to live in Macon County to participate in the public hearing.

“Both counties are involved in this matter, and given geography, there is no convenient location for a meeting to serve both counties. In my opinion, Bryson City was chosen because DOT perceived a better chance of turning people out who would be favorable to their agenda,” Bill McLarney, an expert on the Little Tennessee River (which parallels Needmore Road) and biomonitoring director for the Little Tennessee Watershed Association, wrote in an email.

“… I think it is particularly important to reinforce the will of the Macon County Commission by reminding them that their predecessors (and their Swain County counterparts) voted unanimously to support the Needmore acquisition, and that this is something of which we should all be very proud,” McLarney wrote.  

Needmore Road cuts through the Needmore Game Lands, located in Macon and Swain counties. The 4,400-acre tract was protected after a coalition of environmentalists, hunters, local residents and others saved it from development after raising $19 million to buy the land from Duke Power.

What’s being decided is whether to pave and widen this gravel section of Needmore Road to a minimum of 18 feet, with construction work on the roadway’s shoulders.

Most of the major environmental groups in the region have given the nod to paving, citing protections to the Little Tennessee River, which is the beneficiary of dust and sedimentation. The groups have stopped short of endorsing the road widening as proposed, however. That would involve cutting into and removing acidic rock, which carries an inherent danger to the environment.

 

Want to go

When: Pre-hearing from 4:30-6:30 p.m.; open house starts at 7 p.m.

Where: Iotla Valley Elementary/Cowee School, 51 Cowee School Drive, Franklin.

Crowd revs up against proposed dirt bike racetrack

More than 100 people turned out recently to protest a Macon County farmer’s plan to save his land by building a dirt-bike racetrack.

Herman “Bud” Talley, a well-known figure in Macon County — he’s owner of Nantahala Meats, home of the locally renowned Nantahala Brand Sausage — offered the county’s Board of Adjustment and his neighbors a Faustian bargain.

Endorse a variance needed for a setback and he’d build a sanctioned motocross course that would only open for 16 days a year (eight weekends, total, because the races would take place on Saturdays and Sundays). Or, turndown the request, and risk his building a practice course that could legally operate without restrictions for 365 days a year.

When the Macon County Board of Adjustment showed every indication of voting down the desired variance on a setback — members agreed at the outset of their deliberations he didn’t meet the requirements — Talley’s attorney withdrew his client’s request.

But not before scores of Macon County residents, particularly Talley’s neighbors in the Clarks Chapel community, united (for the most part, though not entirely) in roundly condemning his plans.

What’s going to happen next isn’t yet known. Some dirt-bike racetrack opponents said they view Talley’s threat as a reason to strengthen zoning laws in Macon County. This, they said, will serve as a rallying cry for that to take place.

Maybe, maybe not, what with a new Republican majority dominating the county’s always-conservative board of commissioners. For now, Talley can apparently still move forward if he wants with a practice facility, as his attorney made abundantly clear.

 

His need for a variance

Talley framed his variance request as a means of saving the family’s 45-acre farm, primarily home now to a herd of beef cattle, located in the Clarks Chapel community. The beef cattle will have to go, Talley said, adding it would break his heart. Motorcycles will replace them.

The 49-year-old Talley told how the land was cleared by hand by his father and grandfather, and had served the family well since being purchased in 1935. The Macon County native emphasized he felt bound by promises made to his late parents to protect the family’s holding, to find new and innovative ways in this difficult economic time for farmers to continue the Talley farming tradition.

Clarks Chapel, once home to acres and acres of prime farmland such as Talley’s, is an increasingly residential community situated just on the outskirts of Franklin. Retirees in particular have gravitated to the community, building houses as fast as Talley’s farming neighbors have given up and sold out.

 

Response: ‘Oh, bull’

Don’t fool yourself or try to fool us, opponents such as Margaret Crownover, who grew up on a farm near Asheville, told Talley. Build a dirt-bike racetrack and you’re not saving the farm — that’s not agriculture by any name. Farming is about cattle. Vegetables. Pitchforks and manure. Not helmets and motorcycles and throngs of people riding around in circles. Dirt bikes aren’t farming — the argument is, in reality, about one man’s wish to build a motorcycle racetrack in a residential community, pure and simple.

“And no one here tonight would want a racetrack next to them,” said Crownover, who moved to a townhouse in the Clarks Chapel community about 10 years ago.

Others, such as Roger Nelson, told the board of adjustment they would rather gamble on Talley not moving forward with the threatened practice course than see him operate under a cloak of county-granted legitimacy.

Don’t, in other words, grant Talley a variance reducing the 750-foot buffer zone to about 350 feet, which would enable him to add the necessary parking for a sanctioned course. Force him — if he really wants to punish the community for a ‘no’ vote — to open an unsanctioned practice course featuring virtually unhindered motorcycle use.

Not everyone agreed. Danny Baldwin, a nearby neighbor, endorsed Talley’s right to do anything he wants with his own land — including running motorcycles every day of the year, 24-hours at a time if he wants. So be it, because that’s his land and therefore his prerogative.

“That’s Bud Talley’s property, and he should be able to do that,” Baldwin said.

Macon County has few land-use regulations. But one they do have, no matter how weak it’s actually proving under fire, is an ordinance regulating high impact land uses. The ostensible purpose of the county’s law is to protect the welfare of residents by diminishing impacts of land uses that lead to noise, dust and so on, as opponent John Binkley pointed out.

“The direct impact zone is essentially a 400-foot band around the outside edge,” he said. “An analysis performed at my request by the county Land Records/GIS department showed that there are 49 tax parcels wholly or partly within the 400-foot band, of which most include residences.”

Binkley, who has surfaced as the primary force behind those opposing a dirt-bike racetrack being built in their community, argued a variance would create the following problems:

• Neighbors would lose enjoyment of their properties, through noise, dust and other pollutants: “This effect has special significance for certain of the neighbors … including (a) horse-breeding farm as well as retirees, in some cases with health concerns, who have invested a significant part of their savings in their homes with the expectation of a quiet and peaceful life in Macon County.”

• Negative traffic impacts would result. The rural roads in Clarks Chapel were not designed or built to ferry the amount of traffic that would result.

• Property values would decline: “… the loss of real-estate values would eventually come to be reflected in lower tax assessments and lower tax collections, reducing the county’s revenue.”

• Macon County’s economic future would suffer: “Approval of this variance … would send a strong signal out to the potential retiree market that Macon County is unwilling and/or unable to control the development of obnoxious activities that greatly reduce its attractiveness as a place for them to retire and live.”

Year in review 2010

Editor’s note: Here is The Smoky Mountain News’ annual Year in Review, but ours comes with a nod and a wink — and an award. News is serious and sometimes tragic, but in hindsight we can at least try to find a little humor in what the newsmakers endured and we all read about in 2010.

 

The Sisyphus award

In Greek mythology, Sisyphus is sentenced for eternity to roll a rock up a mountain, only to have it roll back down every time he reaches the top.

The mountain gods showed a similar attitude toward human inhabitants this year, showing a particular inclination to shut down major thoroughfares. At one point, the three primary routes through the southern mountains into Tennessee were blocked with rock slides: Interstate 40 in Haywood County, U.S. 64 between Murphy and Chattanooga, and U.S. 129 running from Robbinsville to Maryville, Tenn.

The only passage was U.S. 441 over Newfound Gap through the Smokies, and even that route was temporarily reduced to one lane following a rock slide of its own.

Mountains have been running amok on the residential side as well. The biggest and most high profile was in Maggie Valley below Ghost Town amusement park, but there were also slides in the Water Dance development in Jackson County and the Wildflower development in Macon County that destabilized road grades and took out lots, as well as a slide in Macon County that led to a man’s home being condemned.

 

Popeye award

The construction crew restoring the historic Jackson County Courthouse could have used more spinach before tackling the structure’s crowning cupola. The domed top had to be taken down for restoration in June. But when a crowd of onlookers gathered at the bottom of courthouse hill to watch the day it was scheduled to come off, repeated attempts failed. Crews ultimately had to bring in a stronger crane the following week.

The $7 million restoration of the historic courthouse and construction of a new library adjacent to it was supposed to be finished by year’s end, but has been pushed back.

 

Pork award

When the U.S. Small Business Administration announced $1.4 million in loans for businesses hurt by the I-40 rock slide in Haywood County, business owners far and wide began hungrily licking their chops.

The October 2009 slide shut down the Interstate Haywood County for six months, choking off tourism traffic and commerce. Gas stations and hotels had to cut hours and even lay off workers as business dried up.

But of the 15 businesses that landed federal SBA loans, few were located in Haywood County. Among the more puzzling recipients: the Fun Depot in Asheville, an indoor kid’s amusement center; and an excavating company in Sevierville, Tenn., a business that hardly seems contingent on passersby on the interstate.

One local loan recipient was a bar in downtown Waynesville — a standard that would seemingly qualify every restaurant in the entire county.

 

Full House award

Despite a recession, Harrah’s Cherokee Hotel and Casino barreled ahead with a $630 million expansion. The casino rolled out a major addition to the gaming floor, debuted a 3,000-seat concert venue and topped off a 21-story hotel tower. A 16,000-square-foot spa in the works is a testimony to Harrah’s mission to transform itself beyond a casino to a full-service resort.

The casino’s two existing hotel towers are consistently full.

The casino hit another milestone this year when it began serving alcohol for the first time in its on-site restaurants and at a new bona fide bar and lounge on the gaming floor.

The expansion began in 2009 and is slated for final completion in 2012. A 400-seat Paula Deen Kitchen restaurant also opened at the casino this year.

 

Best Power Struggle award

Solar panels. That’s what Haywood Community College and the Haywood County commissioners spent the better part of a year at loggerheads over.

HCC wanted to include green features, from rainwater collection to solar hot water in the design of a new $10.2 million creative arts building that will house its famed craft programs like woodcarving, pottery and jewelry making. But Haywood County commissioners accused the eco-efforts of driving up the cost of the building, and as a result threatened to veto the project. The college spent months trying to convince commissioners the building as designed was both frugal and necessary, while commissioner played hardball in an attempt to send the college back to the drawing board. The biggest sticking point were proposed solar panels on the building, which the college claimed would pay for themselves while commissioners remained skeptical.

In the end, the college won its quest to build a sustainable flagship creative arts building.

 

Last Laugh Award

To Sylva business owner Dodie Allen, who fought back against being ticketed for parking a van outside her downtown auction under the town’s new law designed to free-up prime parking real estate for visitors and shoppers.

Allen protested the citation — and the $50 fine it carried — for 45 minutes at a town board meeting, saying it infringed on her rights and hampered her ability to make a living. Allen argued she was simply loading and unloading at her auction house on Main Street.

Ultimately, Allen won her battle when it was discovered a key paragraph, the one specifying business owners and their employees can’t park on Main and Mill streets, wasn’t included in the ordinance passed. The town was forced to hold another public hearing and vote again on the town law, this time with the correct language intact.

 

Extreme Makeover award

Haywood County social workers will soon enjoy new digs. They are trading in a decrepit former hospital dating back decades for an abandoned Wal-Mart store being retrofitted for offices. Their new stripmall-esque working quarters will be a vast improvement over their current accommodations: a four-story brick building that’s cramped and crumbling, with makeshift offices in storage closets, perpetual leaks and rusted window jambs.

The Wal-Mart makeover project will cost the county $12.5 million — about half that to purchase the building and the other half to convert it into an office complex. Critics decried the move as an unnecessary cost in bad times. But county commissioners said the poor state of the DSS building could no longer be ignored, and scoring a bargain price for the old Wal-Mart made it the most attractive solution.

In addition to the Department of Social Services, the renovated building will also house the county health department and the planning department.

Initial construction bids came in higher than expected, so the county trimmed elements of the project to get costs down and then went back out to bid.

 

Most Creative Accounting

When the public learned Jackson County Sheriff Jimmy Ashe was funneling money seized in drug busts to youth sports teams — and as it happened to teams his own kids played on — he claimed it was all for a good cause.

Drug bust money by law must go toward drug crime prevention and enforcement, and Ashe argued that supporting wholesome diversions for kids keeps them off drugs.

The justification gets a little hazier though when it came to other uses for narcotics money by Ashe, like $20,000 to replace carpet in the sheriff’s office or $400 to get himself listed on a national “Who’s Who” list.

Ashe enjoyed an unsupervised, free rein of how to spend the narcotics fund. He failed to get approval from the county on the expenditures, violating state statutes governing fiscal controls for local government. The state Local Government Commission made Ashe comply with new accounting procedures after media reports brought the issue to light.

 

Janet Jackson award

Haywood County nearly had its own version of the infamous wardrobe malfunction when a river rafter protesting pollution by the Canton paper mill threatened to pull down his pants and bare his buttocks during a public hearing. He was one of several Tennessee river guides at the hearing who claimed to have sores and skin cancers from being in contact with the Pigeon River tainted by chemicals from the mill, and was willing to prove it until the hearing moderator advised him against such public displays.

Evergreen Packaging is seeking a new water pollution permit for the Pigeon River. The state was forced to ratchet down pollution levels in the proposed permit following objections by the EPA. But it wasn’t enough to abate environmentalists, who have filed a lawsuit to impose even tougher limits.

Evergreen is also facing a class action lawsuit by a group of Haywood County landowners. Downstream landowners in Tennessee have won similar class action suits against the mill.

The paper mill sucks roughly 29 million gallons a day out of the river and uses it in myriad aspects of the paper making process — from cooling coal-fired boilers to flushing chemicals through wood pulp — and then dumps it back in the river again.

 

Survivor Award

It was a dismal election year for Democrats, but U.S. Rep. Heath Shuler, D-Waynesville, managed to hang on to his seat despite his conservative-leaning mountain district. He handily smashed Republican challenger Jeff Miller and advanced to the next round where he took on none other than House Democratic leader Nancy Pelosi. He went into the challenge with the intention of losing — or at least knowing he’d lose — because the loss gave him incredible national exposure.

What’s next for the former football player from Swain County? He’s not saying, but former communications director Andrew Whalen left a coveted job as executive director of the N.C. Democratic Party to rejoin Shuler’s staff. Something’s afoot with this fiscally-conservative Blue Dog Republican Democrat, that’s for dang sure.

 

The Mother of all Irony Award

To the Village of Forest Hills, which incorporated in 1997 for the express and unabashed purpose of keeping rowdy, drunken Western Carolina University students from taking over this residential community, is now considering annexing land at Chancellor John Bardo’s behest so that some unknown developer can build a town so students will keep going to Western Carolina University (there’s a little retention problem) because, finally, they won’t have to drive to Sylva to — is this for real? — get good and soused. They’ll instead drink beer and wine and shots of liquor within walking distance of campus as God intended for university students to do.

Additionally, WCU suggests the Boca Raton, Fla.-reminiscent name of Forest Hills be lost in favor of the name Cullowhee. We can only assume the town sign painted in pastels on U.S. 107 will have to go, too, folks.

 

Only in Macon Could This Happen Award

Where else would a county board of commissioners appoint a man who openly doesn’t support land planning to the county’s planning board, except in Macon County?

In a move so audacious in its sheer lack of thought and concern for regulating unbridled development, we salute the Republican (and one rogue Democrat) commissioners in Macon County for the appointment of Tea Party member Jimmy Goodman to the planning board. Never mind that he’d not been reappointed to that same board for (allegedly and all that) obstructing the other members in, well, their efforts to plan, those rascally planning-board members.

We take our hats off to you, Macon County, and offer sincere thanks for being in our coverage area. You help us remember that we still can be surprised by what actually does take place sometimes on the local political level.

 

Boomerang award

Cecil Groves, president of Southwestern Community College since 1997, retired this year and headed to Texas for a relaxing retirement close to the grandkids.

“As for everything and everyone, there is a season. My season has now come,” Groves said of his departure from SCC.

Three months later, Groves announced his return to the area to be the CEO of Balsam West, an entity that controls a 300-mile fiber broadband ring looping the six western counties. Groves helped create the fiber ring while at the helm of SCC and considered it one of his biggest accomplishments, but with few users, it is struggling to realize its potential.

 

The Garden City award

In Maggie Valley, the new mantra is call on the name of beauty and ye shall be saved. Residents and businesses alike buried thousands of daffodil and tulip bulbs this fall in hopes that the bursts of coordinated color will swoop in this spring to help save the struggling city from economic depression and the gaping financial hole left by the death of Ghost Town.

The idea is being coupled with another aesthetic assault from the town government’s camp. In November, the Board of Aldermen voted unanimously to impose a set of design standards for renovations and new builds that follow a general design plan town planners call “mountain vernacular.”

Officials hope that the visual double whammy will spruce up the town’s face which, they seem to be admitting, is a less-than-pleasant sight to behold.

 

The Long and Winding Road award

“So long, farewell, auf wiedersehen …OK, I guess I’ll stay a little longer.” That’s the tune sung this year by Maggie Valley’s Dale Walksler, owner and curator of the renowned Wheels Through Time motorcycle museum.

After several years in its current location and several more bouts with local officials over the museum’s value to the town, Walksler threatened to pack up his collection and ship out to another, more friendly, but as yet unnamed, locale. This fall, however, he decided to make those empty threats and chose to keep the storied – and probably unrivaled – collection of American motorcycle memorabilia nestled snugly into its Soco Road home.

No word from local officials on how they’re reacting to the decision, but since sharing his thoughts with us in October, it’s been all quiet on the Walksler front. So maybe 2011 will see a happy ending to the animosity?

 

The Size Envy award

They say bigger isn’t always better, but Swain County’s Marianna Black Library isn’t so sure about that. After catching a glimpse of Macon and Jackson counties’ new, improved and enlarged library digs, they couldn’t help but want to gain some growth themselves.

So this October, the library system embarked on an exploratory campaign of their own, seeking input from local residents and guidance from the same consultants used by their neighboring counties. Patron suggestions ranged from expanded collections and more special events to requests for outdoor fire pits, presumably not to be stoked with the library’s contents.

Whether the county’s case of library envy has abated remains to be seen; the consultants won’t be back with final recommendations until the new year. But with Jackson County’s new facility opening up soon, it’s easy to hear cries of “but I want one, too,” on the not-too-distant horizon.

 

The Earmark to Nowhere award

To earmark, or not to earmark – that, of late, is the Congressional question. And for residents of Swain county, it’s the $52 million question. That’s how much they’ve been promised to repay the cash they laid out on the nonexistent North Shore Road over three decades. When the road was flooded for the war effort in 1943, the county took it on the chin, along with a pledge from the federal government that they’d put it back. But time went on, the county kept paying on the road loans and the promised new road was never to return.

Earlier this year, the county agreed to take a cash settlement from the government in lieu of a road they no longer needed, after laborious negotiations and a good bit of lobbying from Swain County native Rep. Heath Shuler.

But those dollars are in danger now that Congress is swooping in to slash earmarks. To some legislators, that’s just what the North Shore money is, an earmark designed to funnel federal money into local projects. But local proponents counter that it’s not just funding, it’s debt service paying off a 66-year-old IOU.

Whether the money will keep rolling into the county hasn’t been decided. But much rests on convincing Congress members that the settlement is an obligation, not an option.

 

Billy Graham Hall of Fame nominees

County leaders refused to stop praying in Jesus’ name during their public meetings, despite a federal court ruling that such overt prayers were tantamount to government endorsement of Christianity over other religions — and thus were unconstitutional.

A federal judge in Forsyth County found that specific references to Jesus Christ during prayers at county commissioner meetings “display a preference for Christianity over other religions by the government.”

But county commissioners in Macon and Swain counties were undaunted.

“If there was a law that said how I could pray, I think I would have to break it,” said Swain Commissioner Phillip Carson.

Or as Swain Commissioner David Monteith put it, “I guess they would just have to arrest me.”

Macon Commissioner Ronnie Beale said Christian prayers reflect the vast majority of his constituents.

In Haywood County, commissioners chose to drop references to Jesus and stick with more generic, and thus legal, references to Lord or God. Jackson County does not hold a prayer during its county meetings.

 

S.O.L. award

This is exactly where homeowners down slope of Ghost Town in the Sky amusement park in Maggie Valley found themselves this year. A massive landslide screamed down Rich Cove mountain in February, uprooting yards and bumping into houses on its way. While some residents remain without a well for drinking water and one couple still has not been able to return to their home, they had been unable to hold anyone accountable to cover the damages so far.

But Ghost Town’s liability insurance was canceled a week before the landslide due to late payments, according to the insurance company. Court documents verify that Ghost Town received warnings to pay up to risk cancelation, and eventually received a cancellation notice.

Ghost Town has blamed the slide on a company hired to shore up the slipping mountainside with a series of retaining walls, but the contractors blame Ghost Town for a leaking water line buried behind the wall, according to court documents.

 

Most Formidable Opponent

As a multi-billion Fortune 500 Company, Duke Energy is used to getting its way. But when it went up against the Eastern Band of Cherokee Indians this year and came under fire for desecrating the tribe’s equivalent of an ancestral holy site, it seemed the utility giant had met its match.

Duke Energy had embarked on a $79 million electrical substation on a knoll overlooking an idyllic farming valley in Swain County — a valley that happened to be the home of Kituwah mound, an ancient ceremonial site and political center for the Cherokee. The massive electrical substation threatened to mar the landscape, which Cherokee considered integral to the cultural integrity of the spiritual site.

Duke faced three-fold opposition. The tribe’s government leaders condemned Duke for picking the site and failing to consult with the tribe first. A grassroots activist group formed to challenge Duke before the state utility commission. And Swain County leaders also got mad that Duke had started construction without applying for county permits, and even passed a moratorium barring work on the substation from moving forward.

It didn’t take long for Duke to throw in the towel on the controversial site and instead bought another piece of property in the Swain County industrial park to locate the substation.

 

Dumbest Criminal

Attorney John Lewis may as well have worn a flashing neon sign when he tried to forge a judge’s name in Jackson County.

Lewis forged a court order in a parental custody case, but no sooner had he filed the fraudulent document with the clerk of court then he apparently thought better of it and asked for it back. The clerk — assuming it was a valid part of the case file — refused. But an agitated Lewis came back twice over the course of the day trying to retrieve the document. As a last resort, he came around the partition in the clerk’s office, snagged the file himself and put a Post-It note on the document declaring it void, arousing enough suspicion to launch an investigation.

The 31-year-old attorney had also faked the signatures on limited privilege driver’s licenses for at least three clients in Swain County who had their real licenses revoked.

 

Head in the Sand award

When a recession took hold of the country in 2008, most counties got to work cutting costs to head off impending budget shortfalls. But Swain County was nearly a year late to the party.

Swain County continued with business as usual until summer 2009 when its fund balance dipped so low it was put on the watch list by the Local Government Commission, a state agency that monitors the fiscal solvency of counties.

Counties are supposed to have a savings account, known as a fund balance, that’s equivalent to 8 percent of their total annual budget. Swain’s dropped to only 6.67 percent. The county had to play catch-up to restore its fund balance by laying off workers and imposing furloughs, which amounted to pay cuts.

County Manager Kevin King failed to let the Local Government Commission know ahead of time that the county would dip below the safe threshold, but county commissioners said they didn’t know either until it had already happened.

 

The Life’s not Fair award

As the saying goes, no good deed goes unpunished. Haywood County nearly doubled its per capita recycling rate in two years under the leadership of a new solid waste director, Stephen King, who is passionate about recycling. The county will save money by saving landfill space in the long run, but in the short run, all those recyclables began to overwhelm the system. Faced with the need for more recycling staff, the county instead chose to simply shut down the recycling “pick line” and laid off workers who manually sorted recyclables before they were sold. Instead, the county started selling the recyclables in bulk without separating them first. They fetch a lower price, but allowed the county to save on salaries.

 

Biggest Loser(s) Award

The biggest election upset of the year was in Jackson County, where Democrats lost control of the board of commissioners for the first time in 16 years.

In a clean sweep, Democrats Brian McMahan, William Shelton and Tom Massie headed to the house, while the conservative ticket of Jack Debnam, Charles Elders and Doug Cody took over their reins.

The new guys immediately started shuffling the deck. County Manager Ken Westmoreland, a target in the election because, among other reasons, he helped institute a pay raise that most benefited longtime employees such as himself, has gone to the house as well. Chuck Wooten, just retired from Western Carolina University, has stepped into his shoes temporarily until a new manager can be found.

 

Easy Money award

As a new form of video gambling proliferated across the state this year, several towns decided to get in on a piece of the action by imposing hefty business license fees for establishments sporting the machines.

The fees were hardly a deterrent given the lucrative nature of the video gambling machines. When the Canton town board voted to set the fee at $2,500, a business owner attending the evening meeting pulled out his checkbook on the spot. The town manager advised him to come back the next morning.

State lawmakers banned video poker, but the gambling industry came up with a reincarnated version called “video sweepstakes,” which wasn’t subject to the ban. State lawmakers followed suit by broadening the language of the ban, outlawing the sweepstakes machines as well, effective with the new year. But not before towns cashed in.

Maggie Valley and Franklin also cashed in on licensing fees.

 

Don’t Have to Win to be a Winner award

Sylva Commissioner Harold Hensley, who lost his seat in last year’s election, landed a spot back on the board anyway. When former town board member Sarah Graham moved outside the town limits and had to step down, it was up to the remaining board members to appoint someone to fill the vacancy. By a 3 to 1 vote, Hensley found himself back in his old seat, a move that shifted power from the progressive voting bloc to a new majority characterized by a more traditional philosophy.

This marked the second time in less than a year that Sylva’s board had to vote to appoint one of their own, the other being the seat of Maurice Moody who left his seat on the board empty after moving up to mayor.

 

Texas Hold ‘em award

After seven long years, Jackson County finally folded in its protracted and expensive battle against Duke Energy over, well, that’s where things get murky. What started as a noble fight by mountain people to get their due from a utility giant left most people scratching their heads and wondering why Jackson County was still anteing up, long before the game was eventually over.

To casual observers, the fight appeared nothing more than a tug-of-war over the Dillsboro Dam: Duke wanted to tear it down and the county wanted to save it. But the origin of the conflict was philosophical: how much does Duke owe Jackson County in exchange for harnessing the Tuckasegee River with numerous dams?

Duke proposed removing the Dillsboro dam and restoring a stretch of free flowing river as compensation for saddling the Tuck with a handful of dams, but county commissioners believed they were being short-changed and wanted more, including a trust fund based on a percentage of the hydropower revenues.

Jackson County commissioners hoped to bring Duke to the negotiating table, but Duke repeatedly called the county’s bluff. Instead of folding, Jackson kept throwing in for the next hand until finally calling it quits this year.

Missing maps provoke discussion at Macon steep-slope meeting

No one could specify exactly who made the decision to remove the maps or when precisely that occurred, but some members of a Macon group studying steep-slope safety want them returned to the county’s website.

The taxpayer-funded Slope Movement Hazard maps were prepared by the N.C. Geological Survey to highlight potential landslide-danger spots. They were taken down without warning from the county’s website “a few months ago,” according to members of the county’s steep-slope subcommittee. The maps remain available through the state’s website for those willing to go in search of them.

View the maps online

This, however, is not particularly helpful to a majority of Macon County residents, area real-estate agents and people considering buying property in the county, said Stacy Guffey, a member of the steep-slope subcommittee and former Macon County planner.

Guffey said he believes people should be able to tap into county-related information (landslide potential, flood dangers and so on) in one easy-to-find location. Subcommittee Chairman Al Slagle agreed, but backed off forwarding the suggestion to the planning board after two subcommittee members — who sell real estate professionally — opposed the idea. Reggie Holland and John Becker explained they believe the maps cause more harm than good. This, they said, because the maps lack meaningful context for laypersons trying to interpret trained scientists’ work.

Additionally, the men raised questions about liability. Lewis Penland, chairman of the planning board and a professional golf-course designer, tried to assuage their fears. He said his understanding is that a real-estate agent’s responsibility ends with directing prospective buyers toward qualified experts. Penland added, however, that attempts to have this interpretation rendered in the form of an actual stand-up-in-court legal opinion hasn’t proven successful.

Slagle, saying he wanted consensus, promised the matter would be discussed again later. Guffey endorsed Slagle’s call for a harmonious resolution and postponement of the discussion, perhaps because there hasn’t been too much getting-along-together-even-when-we-disagree happening these days in Macon County.

 

Don’t live in Macon, so why should you care?

Good question, but there’s an equally good answer: because the ramifications of what’s taking place in Macon resonates in other Western North Carolina counties. Voters’ decision during the mid-term elections to hand control of state and county governments to Republicans and GOP-backed Independent candidates means land planning, if it occurs at all, is likely to look very different.

The fight for now is taking place in Macon County. Tomorrow, it might well erupt in Jackson, or some other WNC county.

Here’s what happened in Macon County: the county planning board appoints the steep-slope subcommittee. The planning board, in turn, is appointed by Macon County’s Board of Commissioners. The board of commissions fractured internally and came under intense fire recently for placing, in a 3-2 vote, an anti-planning advocate  — Jimmy Goodman — on the planning board in place of Subcommittee Chairman Slagle.

Goodman helped found the Tea Party chapter Freedom Works, and won no small favor among some in Macon County with his arguments that the planning board he now serves on should take a hiatus. Goodman was previously a member of the planning board. He was not reappointed because other members wanted Goodman removed from the board for what they deemed obstructive behavior. At least that’s how Democrat Commissioner Ronnie Beale described the problem. And it was Beale who found himself unexpectedly on the losing side when the aforementioned 3-2 decision came about.

Goodman, for his part, told The Smoky Mountain News he has every intention of working hard on the planning board. And that he doesn’t want to get involved in politics. Though, as a point of fact, Goodman of his own accord recently became deeply enmeshed in politics — the professional cabinetmaker ran an unsuccessful campaign against Republican Jim Davis, a Franklin resident, in the May primaries. The two men were vying for a state Senate seat.

Not confused enough yet by these internecine political plays? Here’s one more important point: Davis, a Macon County commissioner, ultimately ousted John Snow, D-Murphy, for the 50th Senate District seat. Perhaps as a consolation prize for Goodman and in a gesture toward Macon County Republican Party unity, Davis, in nearly his last act as a commissioner, seconded the nomination for Goodman to be placed on the county planning board.

 

What purposes the maps might serve

The steep-slope committee headed by Slagle has been working on a set of proposed regulations since June 2009.

Macon County in 1994 experienced a massive debris flow in the Peeks Creek community. Five people died. This was a natural, not man-created event — though in saying that, one must overlook the truth that this obliterated portion of the community was built where the more than two-mile long debris flow did actually occur.

Additionally, Macon County has been the site of several landslides that have been blamed on improper road construction and inappropriate building sites or techniques.

Would the currently available geological maps have helped? That’s probably an unanswerable question. But these are precisely the type situations the maps might help prevent in the future — plus, they could serve to warn where it might be best to avoid land disturbance through building and construction. Or, at the very least, signal whether an expert should render an opinion on how best to minimize or avoid any dangers if building and construction does move forward.

“It just points out areas from a slope stability, public safety standpoint (where) it makes sense to have a closer look,” said Rick Wooten, senior geologist with the N.C Geological Survey.

The General Assembly ordered the geological survey to put together maps for the state’s 19 westernmost counties. In Macon County, Wooten said 600 to 900 locations were studied, and the following maps were the result:

• Slope Movements Deposit Map: Where the ground has moved or is still moving.

• Stability Index Map: Where a landslide seems more likely given the right set of weather conditions.

• Debris Flow Pathways Map: The likely path of a landslide.

Wooten said draft maps have been finished for Henderson County. Work is under way in Jackson County.

 

Want to get involved?

The Macon County steep-slope committee is set to meet next at 8 a.m. on Wednesday, Jan. 5, in the agricultural building, formerly the health department in Franklin. The committee wants to finalize its recommendations by February for the county planning board to consider. To that end, the committee plans to meet “as often as possible” over the next few months, Al Slagle, the subcommittee’s chairman, said.

Macon planning board uproar subsides

Planning board members in Macon County this week voted against a plan that would have seen their group expand from 11 to 13.

“I sat on a board once that had 25 people, the chairman had to break us out into subgroups that reported back to the main board,” Lewis Penland, chairman of the planning board, said in explanation. “With this many people it was very hard to get anything accomplished.”

Macon County Commissioner Ronnie Beale suggested the expansion. It was Beale’s attempt to mend fences after three of his board colleagues — Republicans Brian McClellan, Jim Davis and Democrat Bob Simpson — voted an anti-planning advocate onto the planning board.

The appointment of Jimmy Goodman, a Tea Party member who helped found the local chapter Freedom Works and a former planning board member others once asked be removed for bad behavior, came at the expense of Al Slagle. This longtime board member, who oversees the controversial steep slope subcommittee, was up for routine re-appointment when he was instead abruptly dumped.

The steep slope subcommittee is studying whether Macon County needs to enact building regulations for development on mountaintops and mountainsides. A series of natural and manmade landslides have plagued Macon County in recent years, including the 1994 Peeks Creek disaster that claimed five lives.

McClellan and Davis (who is heading to the state Senate) apologized to fellow commissioners Beale and Bobby Kuppers for surprising them with their votes for Goodman. The two Republicans also made personal apologies to Slagle. They did not, however, back down from the appointment of Goodman, citing a need for more diversity of thought on the planning board. Simpson, who is no longer a commissioner anyway following his ousting by voters during the midterm election, stopped short of apologizing for how the matter was handled. He did acknowledge Slagle had been badly treated in a very public manner.

The mea culpas and Simpson’s non-mea culpa to fellow Democrats came during a special called meeting earlier this month. More than 100 Macon County residents packed the boardroom for this special meeting, forcing commissioners to shift over to a courtroom.

Slagle, if he chooses, can continue serving as head of the planning board’s steep slope subcommittee despite now being officially off the planning board, said fellow member Lamar Sprinkle. Additionally, the terms of several board members — including Sprinkle — are ending in a matter of months. Possibly Slagle could take one of those slots if he even wants back on the planning board, Sprinkle said this week.

Goodman, contacted by telephone at his home and cabinet-making business, didn’t have a lot to say about the uproar triggered by his rejoining the planning board.

“I’m glad to be on the planning board and I’m going to do the best job I can,” he said. “I’m not going to get involved in that political stuff.”

That seems to be the consensus of the planning board at this juncture. Get along best they can, and get to work on the business of planning.

“I think this storm might die down and everything will be alright,” Sprinkle said. “I want to work with everyone on there, and come up with whatever is best for the county. It is what we all want to do, and I think everybody realizes this needs to be put behind us.”

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