Haywood tourism leaders critical of state’s response to rockslide

State officials have not turned a blind eye to the economic pain caused by the rockslide in Western North Carolina, but Haywood Tourism Development Authority officials say their strategy is off the mark.

First off, the state’s tourism division is devoting $110,000 to a radio campaign in the Raleigh and Charlotte areas informing potential travelers they can still visit WNC despite the Interstate 40 closure.

The campaign was driven by a survey conducted by the state commerce department in the wake of the rockslide.

After polling 1,000 prospective travelers in Atlanta, Charlotte, Columbia, S.C., Knoxville, Raleigh, Winston-Salem and Greensboro, state officials concluded that misconceptions about the road closure reigned in Raleigh and Charlotte.

“Unfortunately, that’s not our markets for this time of year,” Collins said. “I know innkeepers are concerned about the Florida market. They would like to see additional advertising [there].”

During the holiday season, Collins said most travelers to Haywood County hail from Florida, Georgia, Alabama, and South Carolina.

According to the research, however, people in Raleigh and Charlotte seemed most likely to change their travel plans to avoid WNC, said Wit Tuttell, spokesman for the state Division of Tourism.

Tuttell said the state had to look at the entire region, not just Haywood County, even though the rockslide occured there.

“We have to represent everybody,” said Tuttell, adding that the state does help promote skiing in WNC, including at Cataloochee, with an annual $75,000 marketing campaign that targets the Southeast.

In partnership with the North Carolina Ski Association, the state funds television advertising in North Carolina, South Carolina, Georgia, Tennessee and Florida.

From Thanksgiving until Martin Luther King, Jr. Day, the radio campaign will direct listeners to the state Division of Tourism’s Web site for further information.

That Web site has already gotten 12,000 hits on its rockslide advisory page, which includes ample maps and directions.

“We know we’ve got people’s attention with that,” said Tuttell.

Meanwhile, Haywood’s TDA has dedicated $15,000 toward its own marketing campaign.

Part of that money helped the TDA buy Google Adwords for “Western North Carolina” and “rockslide” to direct Internet searchers to its Web site, which prominently displays multiple detours to the region.

 

Wrangling over signs

Haywood tourism officials are also miffed with the North Carolina Department of Transportation for not putting up more signs indicating that WNC is still open for business.

Collins said the TDA worked with N.C. Rep. Ray Rapp, D-Mars Hill, to coax the DOT to change its wording on electronic road signs. Signs initially warned drivers upon reaching Asheville that Interstate 40 was closed ahead and lured drivers to take a detour around WNC. New language was incorporated to list which exits were still open beyond Asheville

But since then, Collins has heard reports that that language isn’t consistently visible.

Reuben Moore, division operations engineer for DOT’s Division 14, which includes Haywood County, said the signs cycle through the messages, so drivers can miss part of it.

“If you miss the message the first time, you might get part of it the second time around,” said Moore. The letters are two feet tall, which allows people to begin reading the signs six seconds away.

Joel Setzer, division engineer for 10 western counties, said the DOT had to be careful not to direct truck traffic across the Great Smokies with the new signage.

“The DOT is trying to get out accurate information out that does not promote commercial and high volumes of traffic to U.S. 441 because that would be unsafe,” Setzer said.

Collins said even if the signs haven’t changed, she hopes the DOT will put up more signs that state WNC is open for business, ideally capturing the attention of drivers upon first entering the region as far out as Hendersonville on I-26 and Hickory on I-40.

Haywood’s lower classification pleases economic official

Haywood County was more economically distressed this year, according to state rankings that essentially classify the counties from wealthiest to poorest.

But Mark Clasby, executive director for the economic development commission, is far from disappointed about the news.

“I’m very pleased,” said Clasby.

That’s because the lower ranking allows Haywood much greater access to tax incentives that could attract new businesses – and jobs – to the area.

The ranking reflects only a minor move down the line, with the state bumping Haywood down four spots, from 81st to 77th.

“This is all relative to the other 99 counties,” said Deborah Barnes, spokeswoman for the N.C. Department of Commerce, which creates the rankings. “It doesn’t mean your county is in dire shape all of a sudden.”

In fact, median income, property tax base per capita and household income all increased in Haywood County this year, according to Barnes.

“Unfortunately, your unemployment rate went up, too,” said Barnes. Latest statistics show the unemployment rate in Haywood was at 9 percent in October.

Every year, the state Department of Commerce categorizes all counties into one of three tiers. The most prosperous counties in the state (ranked 81-100) are classified as Tier 1, the next bunch (ranked 41-80) are placed in Tier 2, while the most economically distressed counties (1-40) are classified as Tier 1.

Last year, Haywood just barely squeaked into the Tier 3 classification, occupying the last place in a tier containing the state’s wealthiest counties.

Falling a few spots in 2009 means Haywood is now a Tier 2 county again. But Clasby thinks that’s a more accurate assessment anyway.

“I never felt that we were Tier 3 because we’re a rural county,” said Clasby, who referred to Tier 3 counties, like Buncombe, Wake and Mecklenburg, as “major league.”

The rankings make a significant difference when it comes to applying for tax incentives, according to Clasby.

For example, establishing 10 new jobs in a Tier 3 county could mean a potential $7,500 in tax credits for a business.

Companies might be drawn toward developing in a Tier 2 county instead, scoring a potential $50,000 tax credit for the same 10 jobs.

Meanwhile, establishing those ten jobs in a Tier 1 County could mean $125,000 in tax credits.

Clasby said Haywood being in Tier 2 means he has more tools to work with when attracting businesses, but that doesn’t mean he would want Haywood to drop to Tier 1.

“Being near the top of Tier 2, I’m happy,” said Clasby.

Waynesville Mayor Gavin Brown said he had mixed feelings about the ranking change.

“The good news is we have more incentives available. The bad news is that we’re poorer,” said Brown. “It’s like a doctor saying your blood pressure is higher, but you have better medicine to take care of it.”

In Brown’s view, the rankings aren’t likely to have much of an impact since the recession has deterred growth.

“We’re in the middle of an economic tsunami,” said Brown. “Ain’t nobody doing anything anyway.”

Malicious prosecution lawsuit unfounded, magistrate rules

A malicious prosecution lawsuit by a woman accused of misappropriating flood relief donations should be dropped, according to the recommendation of a federal magistrate reviewing the case.

Denise Mathis, former director of the Haywood County Council on Aging, claims she was wrongly accused of mismanaging the finances of her former agency. Mathis lost her job and was charged with 14 counts of embezzlement in 2006 for allegedly misappropriating $100,000 in flood relief donations — one piece out of the hundreds of thousands of dollars that poured into the county in the wake of massive flooding along the Pigeon River that wiped out dozens of homes and businesses in 2004.

In an attempt to clear her name, Mathis sued District Attorney Mike Bonfoey and Waynesville Detective Tyler Trantham for malicious prosecution and accused them of inadequately investigating her case. She also sued them for conspiracy and making false public statements.

But the federal magistrate found no evidence that Bonfoey or Trantham set out to malign Mathis. They were acting in their official capacity as a prosecutor and police detective and cannot be sued simply because the target of an investigation doesn’t like the outcome.

“To do so would subject every prosecutorial decision, every investigation that leads to charges, and every decision of a grand jury to be second guessed by a federal court,” Magistrate Dennis Howell wrote in his recommendation.

Whether the case is indeed dropped will be up to a federal judge, who will presumably take the magistrate’s recommendation into account.

“The Magistrate’s ruling confirms the town’s strongly held belief that Officer Trantham acted professionally in all respects and that absolutely no wrongful acts were committed by him or town employees,” Waynesville Mayor Gavin Brown said.

The embezzlement charges against Mathis were ultimately dropped. While the $100,000 in question did not make it into the hands of flood victims as donors intended, it likewise didn’t go into Mathis’ pocket, a police detective and financial investigator determined. It was used to cover salaries and overhead of the nonprofit agency — and it therefore would be hard to make the embezzlement charges stick in court, Bonfoey said of his decision to drop the charges.

Jonathan Creek park moves closer to reality

Haywood County commissioners decided Monday to move forward with the design phase for a proposed public park and sports field in Jonathan Creek.

The county’s Recreation and Parks Department is accepting conceptual proposals from local consultants until Dec. 30.

Though the public park is a recreational priority, the recession has pushed the project to the backburner.

“This has always been one of our front projects,” said Claire Carleton, recreation director for Haywood. “But [we realize] that this is not the time to ask for additional county funding.”

Commissioner Kirk Kirkpatrick is looking forward to making progress on the park.

“We really need to proceed with a plan if we’re going to do anything with this in the future,” said Kirkpatrick. “The property is just sitting there.”

The 2007 comprehensive master plan calls for lighted baseball/softball fields, picnic facilities, creek access, a multipurpose field and sustainable design concepts at the new park.

The planning and design stage, which will include public input, is expected to take four to six months.

As of now, about $15,250 has been set aside for the planning process. Most will be funded with tourism revenue, with about $10,000 coming from lodging taxes collected in Maggie Valley and Waynesville.

Much public money has already been invested in the proposed park since 2007.

The county dropped $1 million on the 22-acre parcel in the midst of a heated bidding war that year. Soon after the county successfully bought the property, it became entangled in a lawsuit with a farmer who argued the property owner, Lucius Jones, had promised the land would be signed over to him upon Jones’ death.

The county did not settle the case until November 2008, and since then it has been leasing the property to the very same farmer.

Developers have plans for sites near Wal-Mart

A local developer has purchased a key parcel alongside Super Wal-Mart in Waynesville, potentially kick-starting long-awaited commercial redevelopment along the South Main Street corridor.

The coming of Super Wal-Mart was heralded as an instant recipe for growth around it. But by the time Wal-Mart opened its doors a year ago, the recession was in full swing. Not only has a South Main boom failed to materialize, but Home Depot killed plans to open a store there.

But Brian Noland, a Waynesville developer and Realtor, is drafting plans for a retail strip sporting six storefronts along South Main Street with hopes of attracting national franchises.

“I put myself in their shoes, and if I am looking to go somewhere, that is definitely a hot spot,” Noland said, citing traffic volume from Wal-Mart and the easy access off the U.S. 23-74 bypass.

Noland closed on the two-acre parcel this month for $600,000. The total project will cost several million dollars, he said. Noland hopes to have the building completed and occupied by early summer.

Mark Clasby, the Haywood County Economic Development Director, said he is glad to see movement in the area. While Waynesville has the consumer demand to support many of the national franchises Noland is likely courting, scouts often look solely at population data, Clasby said.

“But we know there are more people than that because of tourists and the second-home market. They just don’t necessarily show up,” Clasby said. “It will take some salesmanship to convince [retailers] from a demographic standpoint that ‘You need to be here.’”

Noland has a national franchise broker working to line up leases. Noland said he was “a very small fish in a big sea,” but believes if he builds it, they will come.

Meanwhile, a second so-called “outparcel” in the Super Wal-Mart complex has also sold. A 1.8-acre tract behind Hardees sold for $550,000. The developer of the site, Donald Holland, has submitted site plans to the town for a car wash and oil change business and an additional commercial building for an unidentified tenant. The site is located along the Waynesville Commons entrance drive off South Main Street.

While Noland has not yet locked in leases, he already has the project underway with the building design. The attractive architecture will sport stacked stone and stucco with varying rooflines and pronounced eaves. It’s a good thing, since a run-of-the-mill, monotonous, low-slung strip mall wouldn’t pass muster with the town’s design standards. Noland has yet to submit his plans to the town for approval, but believes the town will like the look.

The development of the Super Wal-Mart outparcels were considered key to the appearance of South Main. Town leaders hoped attractive developments fronting South Main would visually shield the sprawling Wal-Mart parking lot set further back on the site.

Noland is a Realtor with Remax Creekside Realty. He is currently developing a 46-unit affordable townhouse development in the Clyde area. His first foray into development was in the mini-storage unit business 14 years ago. He has also built and operated three car wash and lube locations in Haywood County.

“I love developing. I really do,” Noland said. “Hopefully, the whole shopping center itself will be a one-stop shop.”

Noland has had the property under contract for 10 months. He purchased it from Cedarwood Development, a national firm that developed the complex known as Waynesville Commons and leases the site to Super Wal-Mart.

Several property owners along the corridor have had their property on the market since the coming of Super Wal-Mart, even booting out current tenants in anticipation of hot demand by national chains seeking proximity to the retail giant. So far, these property owners have failed to find takers.

Best Buy and a Verizon Wireless store are the only two major retailers that have set up shop around Wal-Mart so far.

The 12-acre site immediately beside Wal-Mart that was once slated for a Home Depot does not appear to have a taker yet. Home Depot, which had already purchased the site and even designed a building before backing out, still owns the site and is actively marketing it.

“The economy has obviously had an impact on that,” Clasby said. “It’s not an easy market, there is no question about it.”

No quick fix for rock slide that closes I-40

Western North Carolina is bracing itself for the impact of a massive rockslide that will shut down a major chunk of Interstate 40 near the Tennessee border for about three months.

The rockslide occurred 2 a.m. Sunday morning three miles from the Tennessee state line in Haywood County, burying both sides of the highway under a mountain of rubble 150 feet high and 200 to 300 feet wide.

Three vehicles crashed into the rocks shortly after the slide, and one person was transported to the hospital for minor injuries.

“We were very fortunate. There were no serious injuries or fatalities,” said Nicole Meister, spokeswoman for N.C. Department of Transportation.

Since the slide, the N.C. DOT declared an emergency, shut down 20 miles of I-40, and brought in workers to begin surveying the slide site.

The cleanup will cost from $2 to $10 million.

Visitors driving westward to Tennessee are being turned away at exit 20, while locals are getting the go-ahead to sneak up to exit 15, the main road access for the Fines Creek and White Oak communities, as well as the county landfill.

About 25,000 vehicles pass through the closed section of I-40 daily, with about half of those being commercial trucks, according to the NCDOT.

Geotechnical engineers are working with the U.S. Forest Service, which owns the land, to determine how best to clean up the rockslide.

On Monday, this process involved flyovers with a helicopter and taking numerous pictures of the slide.

Workers will have to take a top-down approach when it comes to removing the rubble.

“If you pull it out from the bottom, it’s going to keep coming,” said Meister.

This stretch of the interstate in Haywood County has been no stranger to slides.

Sunday’s rockslide occurred just a mile and a half down the road from the series of slides that occurred in 1997, which shut down part of the interstate for six months. It is the third major rockslide in that area since the mid-1980s.

Joel Setzer, a division engineer with NCDOT, said the latest rockslide is comprised of more rocks and a lot less soil, compared to the one in 1997.

Setzer said the amount of unstable material above the road seems to be a bigger problem this time around.

“The remedy to stabilizing the slope and restoring the traffic is larger,” said Setzer.

Geotechnical scientists and engineers do not know the exact cause of the slide, but are looking at several potential factors, including possible tremors; freezing and thawing of water in cracks in a wedge in the slope, causing expansion and contraction of the rock plates.

Haywood County braces for economic impacts of prolonged I-40 closure

By all indications, the closing of Interstate 40 due to a massive rockslide will be more than just a minor headache for many.

Through traffic heading west to Tennessee will be directed to I-26 from Asheville, where cars would have to travel 130 miles to link back up with I-40 across the state line.

Though much of Haywood County will still remain accessible off I-40, it’s feasible that widespread news of the rockslide might turn off visitors to the area.

Most likely to suffer from the road closing are the restaurants, gas stations, motels and tourist-oriented businesses that rely heavily on traffic coming through I-40.

Pilot Travel Center, a truck stop in Waynesville near exit 24, was already feeling the impact of a desolate I-40 on Monday afternoon. A few trucks were scattered here and there, but the vast majority of parking spots sat empty.

Ashley Duckett, an employee at the Pilot convenience store, said business was “dead” on Sunday, the day the rockslide occurred.

“It’s usually booming,” said Linda Henry, another employee at the store, adding that business will definitely hurt without truckers stopping by to fuel up, have a meal, or take a shower.

The people who did walk into the store were only interested in one thing: directions.

“Every other person coming in here is asking how do I get to Tennessee? How do I get to Knoxville? How do I get to Gatlinburg?” said Henry.

The store received so many requests for directions that the manager taped up directions on the door and readied a pile of printouts of Mapquest directions at the counter.

Next door at the Midway Motel, owner Brooke Gayne said she didn’t expect anyone to check in Monday night.

“It’ll be bad,” said Gayne. “I don’t see too many people coming past [exit] 27.”

Exit 27 leads to the heavily-trafficked Great Smoky Mountain Expressway.

Summer Smart, a waitress at the Haywood Cafe near exit 24 on I-40, said the restaurant had not seen one trucker all day.

Smart remembered a drop-off in business after the last rockslide in 1997 closed down a section of I-40 for months. Though locals remained faithful customers, holiday travelers who usually flooded the restaurant were hard to find that year.

James Carver, owner of Maggie Valley Restaurant, also recalled facing a hardship after the last rockslide.

“Business went down a great bit,” said Carver. “It just brought everything to a standstill.”

Carver said businesses would continue to feel an impact even after N.C. DOT cleans up the rockslide and restores traffic.

“It takes a while for word to get around that everything’s open,” said Carver.

The Haywood County Tourism Development Authority and the Haywood County Chamber of Commerce are already working hard to spread the word about alternate routes to keep tourists from Tennessee trickling into the region.

The TDA will post these very detailed directions on its Web site and social media sites, attaching to their Web site a map with alternate routes.

“With several alternate routes available, there really is no reason to cancel any travel plans to the area, whether for these last weeks of leaf-looking or the upcoming ski season,” said Lynn Collins, executive director of the Haywood County Tourism Development Authority

Collins reassures those forced to make the detour that there are “terrific scenic routes with some amazing views along the way.”

Wayne Carson, a staff member at the Canton visitor’s center off I-40, said he’s noted a spike in the number of visitors who want to avoid the interstate anyway.

He said all summer, tourists have requested directions for traveling on back roads and visiting smaller communities on the way.

Carson directed some confused visitors headed toward Gatlinburg through Cherokee and then over the Great Smoky Mountains National Park via U.S. 441 on Monday. It is possible that towns along that route will see a pick-up in visitors who would have normally taken I-40 to Tennessee.

Unlike the 1997 rockslide, which shut down roads for the peak summer and fall seasons, this latest rockslide occurred at the beginning of the off-season for most businesses.

“Fall foliage is winding down, but we’re going into ski season. We don’t want to jeopardize that either,” said Collins.

According to Collins, many visitors who come to ski at Cataloochee Ski Area come from the Southeast, not Tennessee.

Tammy Brown, spokeswoman for the ski resort, said they still anticipate a good ski season since a colder than average winter has been forecasted.

Brown said the rockslide will definitely impact business, but by how much is anyone’s guess.

“We’re going to do our best to facilitate individuals from that neck of the woods,” said Brown.

Meanwhile, Alice Mosteller, vice president of a real estate agency in Waynesville, is worried that the rockslide might negatively affect a real estate market that’s just beginning to pick up.

“Just anything that would keep people from coming here is not good,” said Mosteller. “This is the most beautiful time of year possible. What a horrible weekend for it to happen.”

Haywood again looks at old Wal-Mart for DSS building

Haywood County commissioners are once again considering the abandoned Wal-Mart shell for a new Department of Social Services building.

The current DSS building is housed in a cramped and crumbling 80-year-old building that was once the county’s old hospital. Patching the building has become an expensive proposition, with the latest issue a leaking roof that would cost $260,000 to repair. The county’s facility director, Dale Burris, said there is no easy patch that could solve the problem.

“We can’t find where the leaks are to be honest. You patch one area and it comes in a different area,” Burris said.

Commissioners have long known that the DSS building either needed a major and costly top-to-bottom overhaul or relocation to a new building. When Wal-Mart left a gaping hole in the strip mall where it was located to take up new digs on the other side of town last year, commissioners began eyeing the vacant spot. They decided not to pursue it at the time given the county’s economic situation with the recession. At that time commissioners were seeking a federal loan of up to $11 million to purchase and renovate the retail building.

Commissioners decided they should revisit it, however.

“It’s going to be a constant stream of tax dollars going into a building that is 80 years old,” Swanger said. “I think we would be remiss to marry ourselves to this building. If we put a quarter million dollars into it, we will do the same thing the year after and the year after, and at the end of the day we will still have a bad building.”

At the time commissioners were considering the old Wal-Mart site, County Manager David Cotton had said buying land and building a new DSS building from scratch could cost up to $25 million. Commissioner Kevin Ensley said the old Wal-Mart site would save millions over constructing a new DSS building, a cost that his children will bear.

“They will say ‘Why didn’t you seize the opportunity when you could have,’” Ensley said.

The former DSS director, Tony Beaman, stepped down earlier this year. The department now has a new DSS director, Ira Dove.

The old Wal-Mart could also house the health department, which is in need of new quarters.

Haywood says state shirking responsibility

Haywood County commissioner sent a strong message to Raleigh this week, chastising state government for not stepping in to help when the county got sued by a landowner when trying to enforce erosion control standards.

The county spent $282,000 on attorney fees to defend the case. The county lost and chose to cut its losses and settle out of court, forking over another $75,000 from county coffers.

“The state needs to step in with its attorneys and defend a lawsuit like this,” Commissioner Kevin Ensley said. “They should not expect the taxpayers of that county to fund it.”

Fewer than half the counties in the state handle their own erosion enforcement, but instead turn the job over to the state, since the erosion laws are in fact state laws.

Commissioners said it was unfair that the county should bear the burden of liability and was a deterrent to continuing erosion oversight in-house.

The head of the state sediment and erosion control division, Mel Nevils, came to the meeting from Raleigh to beg the county not to give up on local erosion oversight. Nevils said the lawsuit was unwarranted and the county had acted appropriately, even following Nevils’ own recommendation in the matter.

Ensley told Nevils that if the county is doing such a great job then the state needs to ante up should the county get sued in the course of doing its job. Ensley told Nevils to take that message back to “whoever his bosses are.”

Commissioner Skeeter Curtis jumped on Nevils as well.

“Can you tell the people of Haywood County why you refused to come in a defend this case or provide legal fees?” Curtis asked.

Commissioner Mark Swanger said the county wants to develop a threshold or litmus test for high-risk cases, which could then be handed off to the state to absolve the county of the liability.

“The state has deeper pockets and resources than does Haywood County,” Swanger said.

“What we don’t want is for everyone to send us all their problem sites,” Nevils said. “I can’t tell you we would take a case just because y’all felt you might get sued by it.”

Swanger pointed out the hypocrisy of the state’s stance. Haywood County could walk away from local erosion oversight altogether, dumping the entire responsibility on the state. The state would then have to assume oversight of every erosion permit in Haywood County, not just one or two that the county wanted to pass off as high risk.

Swanger didn’t let up, but continued to push the point, asking again and again over the course of the nearly two-hour discussion whether Nevils would make a commitment to take certain cases.

“We need something that can act as a buffer,” Swanger said. “We simply cannot afford that kind of fees for this program without some kind of assistance from the state.”

“The state can’t afford to pay that either. That is taxpayers money as well,” Nevils replied.

Nevils said he couldn’t make any promises, and that perhaps a change was needed at the legislative level.

Swanger said Nevils indeed had the power to accept certain cases referred up the ladder to the state. Nevils said he would not make a wholesale promise but at least agreed to consider it.

The lawsuit has unfortunately made county erosion inspectors gun shy, commissioners said.

“It weakened the local program. There has been a lot of damage,” Curtis said. “It is a shame it has to be that way.”

Nevils said the state has seen a handful of cases with facts very similar to this one — where a landowner claimed roads were for logging but appeared to be for development — and all were won by the state.

“Then why didn’t we win this one?” Curtis asked.

The audience shifted uneasily in their seats waiting for Nevils’ nswer. Critics of the outcome have largely pointed fingers at the judge as being off base. Judge Laura Bridges heard the case while on temporary assignment in Haywood County due to a vacancy on the bench locally.

Nevils hesitated before saying that in his opinion the ruling was “not an appropriate ruling.”

“I was shocked at the ruling,” Nevils said.

N.C. Rep. Ray Rapp, D-Mars Hill, attended the commissioners’ discussion of the issue.

“This is a judicial decision that absolutely leaves me dumbfounded and puzzled,” Rapp said. “Haywood County to me is a model. You have top-notch people.”

What the case was about

When Ron Cameron built a 1.6-mile road network on a 66-acre tract up Camp Branch in Waynesville, he claimed the roads were for logging. Logging activity falls under a laxer set of erosion rules than residential development, which is held to a more stringent standard.

The county questioned the landowner’s true motives, however, citing Cameron’s creation of a development master plan, registering a subdivision name with the county and applying for a septic tank evaluation. The county insisted on holding him to the higher erosion standard and levied him with hefty fines. Cameron sued to get out from under the county’s jurisdiction, ultimately prevailing in a three-week trial in May.

Today, Cameron has the land up for sale. It’s being billed by his Realtor as perfect for development. One of the selling points listed in ads: “Roads already in.”

Cameron recently applied for a septic tank permit for a five-bedroom house on this presumed forestry tract.

Robust citizen input vexes public officials

Johnnie Cure said she never expected to become a local celebrity when she started speaking up during the public comment period of Haywood County commissioners meetings.

Typically taking the county to task over what she perceives as excessive spending, Cure has become a regular fixture on the front row of county meetings in recent months. As a result, she gets primetime on the county’s government access channel where the videotaped proceedings are aired repeatedly in the days following the meeting.

“People I don’t even know will say ‘Good going,’ ‘Thank you,’ ‘Glad you are standing up for us,’” Cure said.

While he can’t hold a candle to the number of Cure’s appearances, Ted Carr gets his share of street compliments following meetings where he speaks out.

“I am surprised at the number of people who say ‘I saw you on the commissioners meeting. You made some good comments,’” Carr said. “A lot are people I wouldn’t expect to be paying attention but who watch it quite religiously.”

The barrage of public comment — both the volume and repetitiveness — has tried county commissioners’ patience over recent months, however.

“Rumor has it they want to move the public comment session to the end of the meeting, which would require common citizens to sit there for the whole meeting before we have the opportunity to speak,” Cure said.

Carr said he hopes the commissioners won’t change the format, either by moving comments to the end of the meeting or by taking them off the air. If they do, it will be perceived as trying to stifle the public, he said.

“I think it would hurt the community. The community wouldn’t get the impact of what individuals have to say,” Carr said.

But commissioners say they have no intention of changing the meeting format.

“Everybody has a voice and should be heard,” Commissioner Bill Upton said. “We aren’t trying to suppress that. I feel like we are very open. I think this board has been very patient.”

Those who are regulars during the public comment period say they aren’t purposely grandstanding or filibustering.

“What is being expressed are legitimate comments that do have merit,” said Bruce Gardner, part of an organized grassroots movement called the 9-12 Project.

Gardner said shifting the public comment period wouldn’t silence them.

“It wouldn’t stop me,” Gardner said. “But it would lose some effectiveness. All the good ideas don’t generate from the front of the room anyway. We elected these people and need to interact with them.”

Cure thinks any move on the commissioners’ part to shift public comment to the end or even take it off the air would be perceived as stifling public comment.

“I think I am getting on their very last nerve,” Cure said. “They want to shut us down, turn us off, they want to reduce our exposure. They don’t like us. They do not want to held accountable. They don’t want to be asked any questions.”

 

Local activism, national movement

The recent outpouring at Haywood commissioners meetings — centering around fiscal restraint — is a local manifestation of conservative activism witnessed nationwide since the loss of power by Republicans in the last election. With the national Republican Party struggling to redefine itself, the social issues that had galvanized the party for the past two decades are being traded in for economic talking points.

“The Republican Party is in a bit of an idea vacuum and leadership vacuum,” said Gibbs Knotts, a political science professor at Western Carolina University. “Instead of coalescing around a national leader, you are seeing this bottom-up activism.”

Ted Carr, a Haywood County Republican, said the commissioners are “caught in the firestorm.”

“Nationwide, citizens feel like they aren’t being heard,” Carr said while speaking to the board during its public comment period this week.

Linda Bennett also drew a comparison to national movement when speaking to commissioners last month.

“Over the past several weeks and months, we have seen the town hall presentations on the TV where people have had a lot of passion,” Bennett said. “I think you have also seen record numbers in your courtroom you haven’t seen it the past. They are here for a reason.”

 

Accommodating despite the costs

Haywood County commissioners’ approach to the recent wave of public comments has varied. In general, they are polite and accommodating, listening intently and often taking notes. They usually devote a portion of the meeting to addressing concerns raised during public comment, and have even assigned county staff to prepare PowerPoints and compile timelines to address recurring points of contention.

“We are trying to be as transparent and open to the public as possible,” Chairman Kirk Kirkpatrick said.

Nonetheless, commissioners have shown signs of aggravation, witnessed by an exchange between Kirkpatrick and Cure at a county meeting this week.

“Ms. Cure, I am never going to be able to answer all your questions for you to your satisfaction,” Kirkpatrick said.

Kirkpatrick has pointed out that the cost of airing public comments costs all the taxpayers.

“The more we televise, the more cost that is to the county,” Kirkpatrick said. “We would televise everything we did if it didn’t cost. But it does cost us money.”

Despite concerns over cost, commissioners said they have no plans to discontinue public comment as part of the televised meetings.

“I don’t want to deter the public from seeing what people have to say on television,” Kirkpatrick said.

Haywood County is one of the few counties in the region that tapes and televises their meetings. For those who don’t have cable, a copy is placed at each library and can be watched online. Commissioners even tape and air their work sessions in addition to regular meetings.

“We are the most open board by far. We have taken to televising work sessions,” Commissioner Upton said.

Cure questioned just how much the public comment really costs, however. The cost of actually airing the meetings is the same no mater how long they are. The added expense is related to the filming, done by a private video production company that charges $175 an hour. Assuming public comment takes up an hour at each meeting — although it is often half that — it comes to less than $5,000 for the whole year to televise the public comment portion of the meeting.

 

Who is listening?

Haywood County commissioners have become visibly irked that the entourage present at the beginning of their meetings dissipate rapidly following the public comment period and have all but evaporated by the midway point in the meeting. Often later in the meeting, county commissioners take up the issue raised during public comment or provide the information that the critics had been seeking. But by then, they are gone.

During the public comment period at a meeting two weeks ago, county commissioners were asked for a copy of the legal settlement brokered with a landowner suing the county over its enforcement of erosion laws. The county had brought a copy to the meeting in anticipation of such a request. Critics of county spending had previously criticized the legal costs incurred as a result of the suit. The county asked the speaker to come up during a break and get the copy of the settlement, but the individual left without the copy — a point that didn’t go unnoticed by commissioners later in the meeting.

“The settlement offer that they asked for, we have a copy of here, but they have left,” Commissioner Mark Swanger said, then turned to the camera to address the TV audience. “If you are listening to the broadcast, they are available to pick up.”

Commissioners have also shown irritation when the same points are raised again and again, even after they have been addressed. Cure has repeatedly advocated for privatizing the county trash business and during one public comment period accused the county of not seriously examining the option.

But Commissioner Skeeter Curtis said the county had indeed talked about it.

“The majority of people here tonight got up and left after they made their comments. I was hoping after they left they would at least look at our meeting on television to see what we were talking about, but evidentially y’all didn’t do that,” Curtis told the audience during one meeting last month.

The point hit home again at the county’s meeting this week. County staff had prepared a 20-minute PowerPoint presentation in direct response to a recurring public comment.

“Unfortunately we have no one here that normally attends the public comment periods,” Kirkpatrick said, looking around the meeting room that was empty except for two local reporters. “The county is trying to be responsive and put the information out there for the public to hear, and it is disheartening sometimes when no one is here who had asked the questions.”

The meeting had nearly hit the three-hour mark, and given the empty room, Kirkpatrick suggested postponing the presentation until the next meeting. The presentation would have detailed how the county does its purchasing, be it supplies or contracted services. The purpose was to lay out the process so local businesses and contractors could hopefully snag a piece of the county’s business.

“I think there should be a priority given to local businesses whether it is goods or services,” said Bruce Gardner, who twice brought up the issue during public comment periods, recommending a crash course to help local businesses navigate the county’s procurement process.

Cure said it is unreasonable to expect the public to sit through three-hour meetings, even longer sometimes, when they have jobs and families to attend to.

 

Lengthy criticisms, lengthy answers

Some meetings see much heavier comment than others. On Sept. 20 a half a dozen members of the public spoke up. Topics were varied, but all focused on the common theme of fiscal restraint.

“They are spending my money, our money. We have given them a credit card with no limit,” Cure said.

Speakers have criticized the county’s efforts to harness methane, a byproduct from decomposing trash. The county has been condemned for its recent propensity for landing itself in expensive lawsuits. Commissioners were even chastised for not attending a 9-11 memorial held on the courthouse steps.

“None of you showed up,” Al Goodis told commissioners. “Doesn’t anybody care?”

Clearly offended, Commissioner Skeeter Curtis said he did care but didn’t know about the memorial in advance and was out of town.

Often the commissioners’ response to comments takes longer than the public comments themselves.

“Their rebuttal is lengthy,” Cure said.

But Kirkpatrick says it is necessary. Otherwise it appears the county isn’t taking the public’s concerns to heart if they merely listen and don’t respond. So the commissioners have taken to keeping a running list of the grievances brought up during public comment session and then addressing them one by one following the public comment period.

While presented as explanations, they sometimes come across as the last word by the county.

“Personally I am not looking for an immediate answer. I would rather have a studied answer to a serious question,” Gardner said.

 

Clearinghouse or bottleneck?

In addition to the surge in public comments, the county is also facing a significant volume of public record requests by the speakers. In response, commissioners plan to adopt a written request form for any county documents being sought by the public.

County Manager David Cotton said a clearinghouse for public record requests would solve the problem created when the same person makes the same record request to multiple county employees.

“Had we known, we would have been able to answer once rather than have five or six different county staff answer the same question five different times,” Cotton said.

The written requests would be funneled through the county’s public information officer.

Cure, who frequently requests county finance documents to track county expenses, opposes the idea.

“I believe this protocol to go through an information person is going to be a bottleneck,” Cure told commissioners.

In addition, county staff have been directed to stop compiling information in a specific format, such as spreadsheets, and walking people through the information they request.

“You don’t need to spend special time preparing special documents,” Kirkpatrick said at a meeting two weeks ago.

“Because there’s no end to it,” Swanger added.

Cure said she prefers to go sit down with Julie Davis, the county finance officer, who takes the time to explain the county budget documents.

“She welcomes me to come into her office,” Cure said. “She is a dynamite communicator.”

But Kirkpatrick said it is taking too much time.

“There is not necessarily a requirement she speak to you about everything. All we are required to do is provide the information to the public. She bends over backwards to try to accommodate you,” Kirkpatrick told Cure.

Cure said the budget documents are written in a finance code difficult for a layperson to understand, however.

“It is not an issue of IQ, it is a question of the language. I would bet you lunch you can’t understand it either,” Cure said. Cure said she would have to hire a finance person to explain it to her otherwise.

“You may have to,” Kirkpatrick responded.

“So you are saying I will not be able to sit with her and talk with her?” Cure asked.

“What we are saying is we are having an abuse of that. We can’t have the staff spending several hours of their time at taxpayers’ expense to explain things to certain members of the public,” Kirkpatrick said.

Swanger said it is preventing county employees from performing their primary duties.

“We would have to hire extra people and you would be one of the first people chastising us for that expense,” Swanger told Cure.

Al Goodis, who’s become a regular speaker at meetings, suggested the county scan all the paperwork that passes through its hands over the course of a day and put it on the county’s Web site with a searchable database. Along with it, the county should provide a glossary of terms used by government bureaucrats so the public can keep up.

“I feel like you should be trying to help us save our money,” said Goodis.

“We are trying to be as transparent as possible and provide as much information to the public as possible so they can understand it,” Kirkpatrick said. “We do value your public comment, but we cannot make everybody happy.”

Putting the requests in writing serves another end goal: giving the county cover when the information request is met. The person who requested the documents will have to sign for them when picking them up, giving the county cover should they be accused of not complying.

“They come in here and ask the same questions over and over. We have already provided most of the information they ask for, but they keep asking for it,” Commissioner Skeeter Curtis said during one recent meeting.

While the new method of requesting information appears likely to become county policy, commissioners have backed off from any idea to alter they way they conduct the public comment period.

Cure said it would have been a bad move politically, particularly with three of the five commissioner seats up for election next year.

“They will nail the last nail in their coffin if they cut the public comment out. It is a death wish,” Cure said.

As for Cure, she doesn’t plan on running herself.

“I’ve been asked, but I will not do it. My place is at the podium,” Cure said. “I am going to ask questions for a long time.”

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