A flash flood struck the Cherokee fish hatchery last week, pummeling fish in the raceways with a wall of water laden with mud, rocks and branches.

It wiped out hundreds if not thousands of trout and left a massive clean-up job for hatchery workers.

“We had dead fish all over the raceways,” said Robert Blankenship, manager of the Cherokee fish hatchery and stocking program. “A lot got washed out.”

Some were swept down stream and lived, based on fishing reports below the hatchery, but many others suffocated under mud or were struck by debris.

Blankenship estimated the creek the hatchery sits on swelled to four to five times its normal size. A worker who lives at the hatchery heard rocks tumbling down the mountain as the wall of water hit around midnight last Thursday, Blankenship said.

The flashflood flattened 75 feet of chain link fence surrounding the property in the Big Cove community. There is no data on the amount of spot rainfall the area must have received.

Just how many fish were lost won’t be known until clean-up is completed and workers can do an inventory.

Cherokee’s hatchery is a $1.2 million operation, raising 400,000 trout a year from eggs. The tribe’s waterways are the best stocked in the state — 13,000 trout per mile compared to only 800 per mile on average in waters stocked by the state of North Carolina.

And that’s not going to change, Blankenship said.

“We put out three big truckloads of very nice fish Friday,” Blankenship said. “We are going to continue to keep the river well-stocked.”

The hatchery will buy fish if necessary in order to keep pace with its stocking reputation, Blankenship said.

Cherokee is well known not just for its quantity, but size of trout. Blankenship makes sure trout bound for fishing waters are least 12 inches, but regularly stocks trophy trout over two pounds, some reaching nearly four pounds and up to 26 inches long.

Cherokee has worked hard to build its reputation as a top fishing destination in the Southeast — it’s a regular stop for fly-fishing TV shows and recently hosted the U.S. National fly-fishing competition — and will fight to keep that standing.

“The Cherokee fishing program is alive and well,” said Matt Pegg, director of the Cherokee Chamber of Commerce. “The team at the hatchery has worked very hard to restore the facility and will continue to do what they have always done to ensure the fishing program in Cherokee is strong.”

Steve Mingle, owner of River’s Edge Outfitter, has been fielding phone calls at the shop from people asking about the hatchery disaster but has put their fears to rest.

“I told them the fishing was still good,” Mingle said.

Each trout lost in the flash flood represents time, money and energy. It takes 10 to 12 months to raise a trout — from an egg in the incubation tank to a catchable fish.

Eggs are hatched in an indoor facility, and kept in tanks until they reach three to four inches. Those fish weren’t harmed, which bodes well for long-term production. It’s also good news for the five different fly fishing tournaments being held in Cherokee next year.

Meanwhile, however, the clean-up is ongoing. After hauling away piles of dead fish, hatchery workers are using track hoes to scrape a foot-and-a-half of muck off the bottom of the raceways.

That means lots of juggling trout around, shifting them from one run to another as each one gets a clean out.

The surviving fish had to be sorted out anyway though, Blankenship said. The hatchery keeps fish segregated by size, so when it’s workers can easily net liked-size fish on stocking days. But the flash flood overtopped the raceways, and fish of different sizes were mixed up.

“We got 2-inch fish mixed in with 12-inch fish,” Blankenship said.

Blankenship said he hopes the tribe’s insurance will cover the losses. They may also be eligible for federal farm disaster aid that covers crop losses.

“We are going to explore all avenues,” Blankenship said.

No more schlepping those empty drink bottles or cans home after a day of browsing in downtown Waynesville.

A dozen recycling containers will soon be scattered around Main Street and its surrounds.

The town made the move purchase and install recycling cans based on requests from merchants as well as residents, according to Alison Lee Melnikova, the assistant town manager.

Melnikova scouted the streets and sidewalks with Downtown Waynesville Association Director Buffy Messer recently to assess where to put the new containers, but the final locations are still being decided.

The recycling containers will look similar to the public trash cans around downtown, with the vertical wood slats, but will be dark green in color and are actually made from recycled plastic, although they look like wood, Melnikova said. The recycling containers will cost the town $5,000.

For special events and festivals, DWA put out portable recycling cans, but the rest of the year, Main Street browsers faced the unfortunate conundrum of what to do with those recyclables — either toting a sticky can around or guiltily tossing it when it seems no one is looking.

Cans should be in place by early August.

A new $9.3 million surgery center in Haywood County is being financed with equity put up by 20 doctors in the community who invested capital in exchange for a real estate interest in the project.

The hospital will lease the space, outfit it with equipment and manage its operation, but won’t pay for any of the construction costs.

MedWest CEO Mike Poore said the hospital could have afforded to build the surgery center on its own if it had to, but prefers the business structure.

“We could have taken on the debt, but what’s more important is it has our physicians invested even more in the health care of our community,” Poore said.

Poore said the hospital-physician partnership makes the outpatient surgery center all the more unique.

The business arrangement marries the hospital and physician community. Now more than ever, their success is contingent on the other.

The doctors will profit from the lease paid by the hospital. The hospital profits from the patients the doctors will rake in.

Also involved in the project is Meadows and Ohly, a development company out of Charlotte that builds medical offices and outpatient centers. The firm will act as the general partner and orchestrate the construction.

The 20 physicians who bought shares in the project as limited partners fronted nearly one third of the building’s cost, accounting for all the equity.

At first blush, the number of doctors who bought in to the outpatient center is impressive — more than 20 percent of the doctors practicing in Haywood.

But it is a fairly fool-proof and risk-free venture. As long as the hospital keeps leasing the space, they’ll get a return on their investment.

Dr. Luis Munoz, a pathologist, said for some doctors who put up money, it may have seemed like an attractive real estate investment. But for most it was out of their conviction to support health care in the community they serve.

The project didn’t exactly hinge on the financial backing of physicians.

“I could always do it with my own equity,” said Jay Bowling, vice president of Meadows and Ohly.

And the firm could have kept all the profits for itself.

“Are we leaving money on the table? Probably,” Ohly said.

But, the project is much stronger thanks to doctors’ involvement, Bowling said. And certainly less risky.

Its success is nearly guaranteed since the doctors are doubly vested: not only in their own practices but also as a real estate investor. The more business they bring in, the better surgery center does, and the more they get back on their lease.

Storied history

An outpatient surgery center has been in the works for more than a decade, but at one time was a controversial undertaking, one that looked much different than the end result today.

Five years ago, the hospital was poised to break ground on a $16.5 million expansion, financed and funded solely by the hospital. In late 2007, hospital leadership held a reception to unveil the blueprints, and even showed off upholstery samples for new waiting room sofas.

But the entire project came crashing down a few months later when the hospital lost its Medicare and Medicaid status after failing federal inspections in early 2008. Savings squirreled away to pay for the $16.5 million surgery wing were spent instead to keep the hospital afloat until it rebounded from the crisis. The leadership in place at the time has been replaced.

More than $400,000 spent on architects and plans went down the drain.

The project today looks much different than the one pursued by the older hospital leadership — both in scope and cost.

While the old project was billed as a “surgery center,” in reality it was a new wing of the hospital. The old plans simply called for a makeover of existing surgery rooms, while the majority of the project was ancillary: a new lobby and main entrance, new administrative offices and two floors of “shell” space for future expansion, for example.

While that project was shelved, the idea for an outpatient center was not.

Starting over from scratch — and without a nest egg to work with — the hospital administration and more than a dozen doctors split the cost of a $40,000 feasibility study in 2009 to reassess the project.

The result is a far different project: a standalone building on the hospital’s campus with the entire footprint dedicated to outpatient services.

New era of physician involvement

Other than its physical differences, the most marked evolution in the project is the business arrangement, namely the partnership with the doctors.

Under the old leadership, that type of investment and partnership wasn’t welcomed or allowed, Poore said.

Doctors had previously sought a seat at the table, offering to partner with the hospital and help finance the surgery center.

But the former hospital CEO wanted “complete and total control” and shut the doctors out, said Dr. Luis Munoz, a pathologist and a partner in the project.

Munoz, one of the physician investors, is pleased with the new approach under today’s hospital leaders.

“I think this is a preferable scenario, when both parties are involved,” said Munoz. “This is another example of this administration being transparent.”

“This is a really good example of how collaboration should work,” agreed Dr. Al Mina, a general surgeon in Haywood.

Better for the bottom line

The new outpatient center should help Haywood capture more market share, namely those patients who now bypass Haywood and go to doctors in Asheville affiliated with Mission Hospital.

Currently, outpatient services accounts for two-thirds of the hospital’s revenue. Not all of those services and procedures will be relocated to the new center, but it provides a snapshot of just how important outpatient revenue is for a hospital’s bottom line.

The hospital hopes to attract more outpatient services — and thus bring in more revenue — to pay for the new building.

While the hospital won’t bear the upfront construction costs, it still has sizeable expenses to deal with: the annual lease on the space, the overhead, the nurses and other support staff to run it. The cost of the equipment, from waiting room chairs to operating tables, will fall to the hospital as well.

But some of the cost to run the new surgery center will be a wash. Nurses and technicians who currently work in the surgery wing, mammography services, and other departments of the main hospital will simply move to the new outpatient center.

Some services will be duplicated in both the hospital and outpatient center, such as MRIs or blood work, and will require doubling up of staff.

In other areas, the outpatient center will operate more efficiently thanks to a better layout. The hospital will no longer need such an extensive transport crew, a by-product of the cumbersome design of outpatient services inside the hospital.

“It will save on this whole group of people who spend all day transporting people up and down from the sixth floor to the basement,” Markoff said.

Patients using the new building also will be able to stay on the same stretcher during their pre-surgery prep, the actual surgery and the recovery. Again more efficient, and cost cutting since there’s not all the sheets to wash or staff to constantly strip stretchers.

In many urban areas, new outpatient centers aren’t being built alongside hospitals, but instead are free-standing medical office buildings across town, sometimes not even run by the hospital. But it is advantageous to have the surgery center on the same campus as the hospital, Poore said. If there’s an emergency, the full resources of the hospital right next door can be brought to bear.

“If you are a free-standing surgery center and something goes wrong, they call 911. Here, we are the 911,” Poore said.

The project should be completed by spring.

“This project has been in the planning stages for many, many years so it is a great thing to see it come to fruition,” said Mark Clasby, member of the hospital board and Haywood County economic development director.

Patients seeking simple, routine procedures from mammograms to cataracts will no longer have to ride the elevators and trek up the halls of the hospital in Haywood County.

Construction of a new $9.3 million outpatient center has been launched on the campus of MedWest Haywood, making health care more convenient and accessible.

“It is going to have such a positive impact for out patients and the region,” said Dr. Al Mina, a general surgeon in Haywood County and one of 20 doctors who invested in the surgery center.

The patient experience will be a better one psychologically as well. Some people have anxiety about entering the hospital, said Mike Poore, CEO of Med-West Health System. A routine colonoscopy has a far more solemn and serious air about it at the hospital, while the outpatient setting will make people more comfortable and at ease.

“It will be less institutional,” Poore said. “If you are having a simple, same-day surgery, you don’t have to go into the hospital.”

Dr. Luis Munoz, a pathologist, said patients needing simple blood work can easily get in and out without traipsing through the hospital to the lab like they do now.

“You avoid going through the halls where potentially people are ill,” said Munos, also a capital partner for the facility.

Patients who now bypass Haywood and travel to Asheville for outpatient surgery could stay closer to home thanks to the convenience of the new center.

“If I need a couple of items at the store, I don’t go to Super Wal-Mart where I have to walk a quarter mile,” said Dr. David Markoff with Mountain Eye Associates. Instead, he goes where he can park near the door and quickly skirt to the aisle he needs.

Markoff is pleased he will be able to pop down the hall to tell waiting family how a patient is doing, something he can’t do now given the disjointed layout of outpatient services in the hospital, where the family waiting room is several floors away from where the surgeries and procedures are performed.

The Haywood hospital currently has six surgery beds. Four will remain in the hospital. Major surgeries — those requiring a stay at the hospital for recovery like a hip replacement or spine surgery — will still be done in the hospital’s surgery rooms.

The new outpatient center will have two surgery rooms, two minor procedure rooms and one endoscopy room, along with other outpatient services like MRIs, CT scans, lab and blood work, wound care and physical therapy.

Separating major surgeries from minor, outpatient ones will make for a smoother workflow, Poore said.

When elective or routine procedures share the same suite of operating rooms as emergency surgeries, as is the case now, patients getting an eyelid lift, for example, get bumped from the schedule to make way for a woman in labor needing an emergency C-section.

Balancing the flow of rooms can be difficult, Poore said.

“If you were an air traffic controller, it’s like having the space shuttle landing at the same time as a prop plane,” Poore said.

Phyllis Prevost, a Waynesville philanthropist who has made several sizeable contributions to the hospital, said the hospital has been running out of room and a dedicated outpatient center is desperately needed.

“The citizens of Haywood County are growing older every year,” Prevost said.

Prevost is particularly excited about the Women’s Center.

The Women’s Center will have its own entrance and will serve as a central location for mammograms, breast imaging and breast MRIs. It will also house the nurse navigator program, which works with women when an abnormality is detected in their mammogram.

“They hold that patient’s hand through the process and coordinate that patient’s care,” said Teresa Reynolds, chief operating officer of MedWest-Haywood.

Canton was one of the first towns in Western North Carolina to sport a swimming pool, something made possible thanks to the booming economy of the mill town and the large population of working middle-class families it gave rise to.

The age of Canton’s pool, dating to the early 1950s, has become all too evident, however, witnessed by the perpetual concrete patches and the lack of modern features. Canton not only has the oldest pool on the block, but is also one of the few that haven’t embarked on a rehab. Even towns with pools built as recently as the 1970s have since done a major renovation and modernization of their pool.

And it isn’t cheap, something pool managers who have been there know all too well.

“I feel their pain,” Jim Brown, the Swain County recreation director, said of Canton’s plight.

• In Swain County, the pool dates to 1977. In 2007, at the 30-year mark, the county launched a series of renovations spanning three years: new filter and pump, new grate-style water return around the pool’s edge, and a vinyl lining.

“We were having the same problem with cracks starting to develop,” said  Brown.

The county opted for a slightly cushiony, vinyl liner that feels excellent underfoot compared to plaster or concrete, but that many public pool managers have shied away from fear of an irreparable tear. But Brown said the lining is so tough that is highly unlikely.

Swain County spent $210,000 on the renovations, which also included putting in a stand-alone splash play area.

The N.C. Parks and Recreation Trust Fund contributed $75,000 to the work.

• In Highlands, a wealthy second-home owner — Jane Woodruff, the daughter of Coca-Cola magnate, Robert Woodruff — made a donation of more than $200,000 to pay for a major pool rehabilitation there, saving the town the expense. The pool dates to 1975, and the renovation was done in 1997.

• At Lake Junaluska, while no wealthy benefactors have made specific contributions to the pool, it does benefit from contributions and donations made to the building and grounds fund.

“People love Lake Junaluska and are eager to help us improve and maintain our facilities,” said Howle.

Lake Junaluska has a pool almost as old as Canton’s, dating to the 1950s. The pool, also like Canton’s, is made of concrete rather than the newer plaster, but has held up far better.

“We have a stringent regular maintenance campaign,” Howle said.

The pool was renovated in 1995, including major new concrete work and the addition of a zero-entry ramp.

• The town of Sylva got a grant from the N.C. Parks and Recreation Trust Fund to fund half the roughly $700,000 overhaul of the pool in 1999. The town faced the similar problem of aging concrete. It was busted up and a new shell poured, expanding the footprint to add extra lap lane and putting in a kiddy-pool with water play features in the process, plus new inner workings like a grate-style water return around the edge of the pool, new filters and pumps.

“It was basically a teenager hang out before. With the kiddy play area, you have more moms and grandparents using the pool,” said Rusty Ellis, the pool manager.

• The pool in Franklin is about 30 years old, and like most newer pools dating to that era, it is built from plaster. It’s a better material for maintenance than concrete: as cracks develop they can be replastered with a thin coat of new plaster. The technique won’t work on pools built of concrete — plaster won’t stick to the concrete. Only concrete can be used to patch concrete, but concrete applied that thinly won’t bond. So the patches are prone to repeated crumbling and cracking in the same place.

“You are basically going to put a Band-Aid on it,” Adams explained of the concrete conundrum.

But with a plaster pool, it can be periodically replastered. The Franklin pool has been replastered three times.

“We are getting pretty close to where we will have to replaster again,” Adams said.

Last year, the county put in new pumps and filters.

The Canton swimming pool is on its last leg and without a major investment of $750,000 to $1 million, the town will be forced to close it within a few years.

Canton’s pool has been held together with everything short of duct tape and baling wire. Every year, the town’s street workers climb down into the dry pool bed with spatulas and buckets of concrete to patch the burgeoning number of cracks, then apply gallons of fresh paint to get the pool through another summer.

“It is in very bad shape,” said Alderman Eric Dills. “We have been patching the pool to get by year after year after year, but water is a destructive force. It is leaking so bad now you just about have to build a new pool.”

It will eventually get so bad patching can’t fix it. And that point is not too far off. The town may have as few as three years left in the pool — five at the most.

Unfortunately, busting up the concrete pool and rebuilding it is the only solution.

“It would be a tremendously expensive project to undertake,” Town Manager Al Matthews. “They have two options — they borrow the money and do it or shut it down.”

Canton’s pool is not only one of the largest in size but draws the biggest crowd of any other pool in Haywood, Jackson, Macon or Swain counties.

Its capacity is 500, and it easily draws more than 300 on busy summer days, fully double what the next biggest pools in the region draw.

“It is one of the most popular things we do have,” Matthews said.

The town board will have a tough choice to make on whether to invest the money to remake the pool.

“The bottom line is no matter what we do, the concrete is still of an age that it will deteriorate. That is the problem: the age of the concrete,” Matthews said.

The town hired a consultant to do an assessment of the pool last year. The good news is that the pool is structurally sound. In fact, that was the main impetus to bring in a structural engineer for an outside report.

“We wanted to know is this pool safe,” Matthews said.

Safe it is, but its useful life is limited. It will take $750,000 to redo the pool, and another $250,000 to redo the bathrooms, changing rooms and concession stand, according to estimates in the report.

Dills doesn’t think the town has the kind of money it will take to bust up and rebuild the pool.

“Really we would have to have some outside funding,” Dills said, suggesting the town hunt for a grant.

The town of Sylva and Swain County have gotten state  grants from the N.C. Parks and Recreation Trust Fund to cover a portion of pool overhauls there. But that was a few years ago, and Matthews is highly doubtful the town could land grant money like that today. Dills admits it may be a long shot.

“The state has tightened up on money. These grants are tougher to get than they were a few years ago,” Dills said.

Pools can be a money pit

Pools are an expensive prospect, not only to repair and maintain but simply to operate.

“For every county or town, it is a service. It is not a money making venture at all,” said Seth Adams, Macon County’s recreation director.

Canton brings in about $40,000, but spends $75,000 on lifeguards, staff and other overhead.

Canton is one of the few pools with a concession stands, but it merely adds to the pool’s financial burden. It’s a money-losing proposition: it doesn’t bring in enough to cover the cost of food and counter workers. Last year the concession stand lost over $8,000 on top of the pool’s operational loss.

The town of Highlands posted the worst pool losses in the four-county area last year. It has the smallest attendance and the lowest admission — only 35 people a day on average paying just $2 to get in. The pool brought in a measly $4,500 last year compared to $67,000 in operations.

Highlands is one of the only public pools that is heated, adding to overhead by about $5,000 annually for propane.

In Swain County, pool costs come to $61,000 a year, including a little set aside in a capital improvement fund. The pool brings in only $16,000, but an annual contribution from the town of Bryson City for $21,000 tempers the operating loss somewhat.

Waynesville bulldozed its outdoor pool 10 years ago after building an indoor one. The town couldn’t afford to subsidize two pools, according to Town Manager Lee Galloway.

“The operating costs were always about twice what it brought in,” Galloway said.

Galloway admits he wasn’t exactly sad to see the outdoor pool go.

“It was leaking so much water and the maintenance costs on it were extraordinary,” Galloway said.

Besides, there were two other outdoor pools in the county.

“My argument at the time was you can go to Lake Junaluska, which is four miles away, or Canton, which is eight miles away,” Galloway said.

Who should pay?

Therein lies part of the rub. Canton residents are subsidizing the outdoor pool, but scads of the 275 people who go to the pool on an average summer day don’t live in town, and thus don’t pay town taxes toward the pool’s upkeep or operations. Those folks are getting a steal on the low $3 admission.

Likewise, Waynesville’s indoor pool serves the whole county, yet town taxpayers pick up the tab.

The county used to kick in an annual contribution to both towns for recreation, recognizing that the two towns were bankrolling recreation like swimming pools used by everyone in the county. But the county yanked that funding as part of the sweeping recession-inspired budget cuts.

Both towns have contemplated charging pool users more who don’t live in town, and reserving the cheaper rates for in-town residents who also pony up town taxes to subsidize the facilities.

But pool workers would then have to be in the business of checking everyone’s ID to determine residency.

“That is a cumbersome thing to implement,” Matthews said.

Such a system is used at Lake Junaluska, where the 770 property owners at the lake get a 50 percent discount compared to the general public. The pool is operated by Lake Junaluska Conference and Retreat Center, a private non-profit, and the public is welcome to use it.

“We see having members of the greater community come to Lake Junaluska and participate in what we have and be exposed to the things that are happening here is in a way a form of evangelism,” said Ken Howle, the director of advancement at Lake Junaluska. “We can show our Christian hospitality not only in our programs but the recreational activities we do as well.”

Unlike towns and counties, Lake Junaluska lacks taxes to subsidize operations, so the Lake attempts to break even or come close to breaking even on its pool, and as a result has to charge more than city and county pools — $6 compared to $3 for adults.

In Sylva, the county shares the cost of operating the pool even though the pool technically belongs to the town. In fact, the county pays for the entire pool operations up front, and acts as the employer for the pool’s manager and staff. At the end of the season, the town cuts the county a check for its share — half of whatever that year’s cost was minus the revenue.

In Canton, whether the county chips in, a grant is miraculously found, or aldermen bite the bullet themselves, Dills hopes the town can arrive at a solution.

“The pool is a huge priority,” Dills said. “It is a centerpiece. It is a jewel of the recreation for the town of Canton.”

WNC’s outdoor pools

Lake Junaluska

Admission: $6/general public, free for kids 4 and under. Summer grounds pass is $150 for a family of four and includes other Lake J recreation amenities like a round of golf, putt-putt, tickets to Junaluska Singers concerts and more.

Features: Graduated entry ramp good for toddlers and children, as well as handicapped accessible.

Daily average: 125 with capacity capped at 270.

Canton

Admission: $3; 10-visit pass for $25.

Features: Separate baby pool enclosed with a fence to prevent wandering into big pool.

Daily average: 275. Capacity capped at 500.

Sylva

Admission: $3, free for kids 3 and under. Season pass is $150/family or $80/individual. Family night on Monday and Wednesday from 7 to 9 p.m. for $5/family.

Features: Separate kiddy-pool with water play features. Sun Shade over part of pool.

Daily average: 225. Capacity capped at ?

Swain County

Admission: $3/adults, $2.50/kids ages six and up, free for 5 and under. Season pass is $275/family or $150/individual.

Features: Separate kids pool that is three-feet deep, separate splah play area, water slide, Olympic sized pool.

Daily average: 75 to 100 on a busy day. Capacity capped at 300.

Macon County

Admission: $2/adults, $1/kids under five. Season pass is $100/family or $50/individual.

Daily average: 150 to 200. Capacity capped at 250.

Highlands

Admission: $2/adults, $1/children. Season pass is $90/family and $40/individual.

Features: Separate kiddy pool.

Daily average: 30 to 40. Capacity capped at 80.

Environmental advocates are troubled by major budget cuts and the loss of staff for the Department of Environment and Natural Resources, cuts they say will stretch those tasked with monitoring polluters too thin to do their jobs and eliminate beneficial programs.

The state budget cut 160 jobs from DENR.

“DENR as a whole is getting bigger cuts than any other agency,” said Tom Bean, lobbyist with the N.C. Wildlife Federation.

Those jobs are largely coming from regional offices, including 18 positions — more than 20 percent — of the staff in the Asheville DENR office. DENR headquarters in Raleigh, where many environmental permits get issued, is seeing few cuts, however.

SEE ALSO: By air, by land and by water

“It is certainly an industry wish list,” said DJ Gerken with the Southern Environmental Law Center. “Make sure that they are staying staffed up for issuing permits but cut the staffing for the people who do the policing.”

People who live near dirty industries — asphalt plants with a decibel limit, quarries with blasting restrictions, or paper mills with water pollution limit — will be left out in the cold with no one to turn to when those limits are violated, said Julie Mayfield with WNC Alliance.

“When they observe a problem they call DENR. If they get the right person on the phone it takes that person and hour and a half to get there and whatever was happening may not be happening anymore by the time they get there,” Mayfield said. “If DENR doesn’t observe the potential violation, it is more difficult for them to enforce.”

DENR staffers are the first line of defense in keeping mud out of creeks and rivers. They monitor development and construction in the majority of mountain counties, which don’t have erosion officers at the county level. Even in Haywood, Jackson and Macon, where counties do run their own erosion enforcement, DENR staff still monitors sites that fall outside a county’s jurisdiction, like rock quarries or DOT road projects. In Haywood County, state erosion inspectors even had to crack down recently on sediment violations by federal contractors on Superfund clean-up run by the EPA.

Already stretched too thin, visits from state inspectors were few and far between at the Allens Creek rock quarry. Runoff was muddying Allens Creek for months last year before neighbors finally got DENR to respond.

But Rep. Mitch Gillespie, R-Marion, said the Asheville DENR office seemed overstaffed.

They have a bigger staff but issue fewer permits. On top of that, they are issuing more violations, Gillespie said.

“They are doing more notices of violation than anybody else. They are spending their time going out there and doing violations instead of doing permits like they are supposed to,” Gillespie said.

In addition to the budget cuts this year, DENR’s Asheville office will be under the microscope, required to justify every dime of funding in a massive review of its operations.

“The justification review is to make sure they are doing their job, and if not they will be eliminated,” Gillespie said.

Gillespie said the new majority has a mandate from voters to reform all of state government and he is just doing the job he was asked to do.

Many programs under DENR have lost their funding.

One program that no longer exists helped people fix failing septic tanks. The fund was critical in cleaning up unsafe levels of bacteria from raw sewage making its way into Richland Creek in Waynesville and Scotts Creek in Sylva.

Another program that has been cut funded local efforts to curb sediment and erosion. A joint project was in the pipeline by four nonprofit watershed associations in the seven western counties to launch a training course for graders and contractors.

“As you know our streams have been muddy, muddy, muddy, and this would be a real basic attempt to get good, enforceable erosion control training for contractors,” said Roger Clapp with the Tuckaseigee Watershed Association. But “that money was zeroed out.”

Clapp also had a $20,000 grant in the pipeline from the N.C. Wildlife Resources Commission to do fish sampling in the Tuckasegee.

“We were trained to go and ready to launch,” Clapp said. “It would be the basis for really knowing the river in another dimension.”

But that money was lost as well.

Property in Haywood County is selling 4 percent higher than the new values on the county’s tax books, refuting criticism that the county blanketly appraised property for more than it was worth.

There have been 215 property sales in the first five months of the year. Collectively, they sold for $36.392 million. Those same properties were assessed by county appraisers for a total of $34.97 million.

“The sales numbers speak for themselves,” said Commissioner Mark Swanger. “Property is selling for a higher price than the revaluation amounts. That would indicate to me the revaluation is accurate.”

The county’s team of appraisers relied on complex formulas to assign each home, lot and tract of land in the county a new value — values which in turn dictate how much people pay for property tax. Critics claim the depressed real estate market should have resulted in lower property values practically across the board compared to the last revaluation five years ago.

But in fact, the revaluation showed half the properties went up and half went down.

“Of course you can find random highs and random lows that sold for more or less. There’s going to be some that are up and some that are down,” said David Francis, head of the county tax department. “You are still going to have that fluctuation in the market. Just because the stock market is down one day doesn’t mean some stocks didn’t still go up that day.”

Francis said he has confidence the revaluation is accurate, and takes solace in the stats showing real estate sales — on the whole — are coming in slightly above the values pegged by the county.

“What we don’t want to see is that sales price below the tax value consistently,” Francis said.

Since property values determine taxes, when the values are too high, people end up paying more than their share of taxes.

Putting stock in comp sales

Appraisals were based on comp sales, the selling price of similar homes or lots nearby. Comp sales are epitome of market value: a cold, hard, irrefutable number of what like property actually sold for.

Critics have complained that the county’s comp sales were poorly chosen, and didn’t always compare apples to apples.

For starters, the sluggish real estate market has made for fewer comps to go by.

Horace Edwards of Cruso said appraisers lacked comp sales in his neck of the woods and so cast a wide a net looking for sales in other areas, landing on houses sold miles away for an ultimately rather subjective comparison.

“They were not at all suitable to my property,” Edwards said. “If I went out and traveled around the county in the same manner I could find houses that were the complete opposite of their revaluation.”

Meanwhile, a state of flux has kept everyone — buyers, sellers, banks, appraisers and Realtors alike — guessing what real estate might be worth one month to the next.

“They postponed it last year with the expectation it would be a stable economy this year, which was a fallacy because they didn’t get any improvement at all in the economy,” Edwards said.

Of course, comps aren’t perfect. Maybe the seller threw in the appliances or living room drapes to fetch a higher price. Or maybe they got a job somewhere else and sold for less to move in a hurry.

“That is going to happen every once in a while. We can’t do anything about that,” said Mary Ann Enloe, who sits on the board of equalization and review, her fourth time in the role.

Despite the many appeals — it will take until August to hear them all — the county’s appraised values seem mostly accurate to her.

“Of course the proof is in the pudding. Right now it is tracking really well,” Enloe said, citing the sales numbers.

Haywood County commissioners continue to be dogged by outcries over new property values.

Critics are openly deriding commissioners at every county meeting. They’ve circulated petitions, garnering hundreds of signatures from people who think the county has pegged their property values too high. They’ve held a few citizens meetings around the county to rant about it. Someone even took out a newspaper ad urging everyone to file an appeal over their new property values.

Critics have proffered varying conspiracy theories over revaluation, claiming that the county knowingly and artificially inflated the value of some property as a money grab to boost property tax collections.

One theory suggests the county, run by Democrats, appraised property higher in the Republican-stronghold of Bethel and Cruso to stick them with higher taxes.

The most common theory, however, is that the county is somehow in cahoots with wealthier homeowners and lowered their property values so they wouldn’t have to pay as much in taxes, while hiking the values on lower to median priced homes.

Indeed, higher-priced homes have seen their values fall. And lower- to median-priced homes held their value and went up, as a trend.

But that’s merely a reflection of sales in the market place — not a formula invented by the county’s appraisers, according to David Francis, the head of the county tax department.

“We have no control over the market,” Francis said.

No more so than the weatherman decides what the weather will be.

But, the disgruntled property owners point to the depressed economy and flagging real estate market.

SEE ALSO: How right is the reval?

“The prices are going down and down and down,” said Jonnie Cure, a watchdog for county government. “We are glutted with houses for sale. So when you have a huge supply and very low demand you obviously are going to have a reduction in the price in homes.”

But in fact, property values in Haywood County have not dropped as much as people think, according to Francis. Compared to five years ago, property on average is about the same, although some properties have gone up and others have gone down.

At stake? How much you pay in property taxes hinges on your property’s value. The county recently reassessed every home and tract of land, bringing the book value in line with actual market value. The revaluations are required periodically by the state to ensure everyone pays their fair share of property taxes.

As for the lower- to median-priced homes going up, they held their value because there was more demand for homes in that price range. Conversely, sales at the upper end stagnated, Francis said.

Francis has bowed up over the conspiracy theories that the county was sinister in giving upper-end homeowners a break.

“I was trying to do the best job I could for my fellow citizens. I grew up here, my children go to school here. It was important for me to make this right,” Francis said.

At a county commissioner meeting two weeks ago, the repeated criticism and conspiracy theories proved too much and Francis shot back after particularly insulting comments by Monroe Miller, the county’s chief critic who even has a web site dedicated to his fulltime hobby of attacking county government officials.

“Mr. Miller has insinuated I have artificially propped up the numbers on behalf of the county. That is asinine, insidious and blatantly ignorant,” Francis said. “I would never do anything like that I don’t appreciate that. I would never do anything to undermine the taxpayers of Haywood County.”

SEE ALSO: Sales keep pace with county's new values

Commissioners have grown used to the public chastising and being dogged by a dedicated group of government watchdogs. Commissioners usually keep their cool, attempting to respond to the questions and accusations from critics. But this time, Commissioner Chairman Kirk Kirkpatrick, like Francis, drew a line.

“I can assure you the five of us (commissioners) have done nothing intentional against anybody in this county. Any insinuation there is something different going on is completely wrong, and to be honest, I didn’t appreciate it either,” Kirkpatrick said.

The battle of words continued at the county commissioners meeting again this week, however.

“Other than righteous indignation I have not heard anyone attempt to defend Francis’ numbers,” Miller said.

If the revaluation was so off, Francis responded, then why didn’t Miller appeal his property values?

“I think my numbers are so good he didn’t even appeal his,” Francis said.

Horace Edwards, another critic sounding the alarm over property values, got vehement at the county commissioners meeting this week over a warning letter his daughter got after failing to pay her property taxes. The letter threatened foreclosure if she didn’t pay. Edwards grew increasingly upset as he read it aloud.

Edwards called it “the most asinine and crappy thing I have ever heard tell of” and threatened to “sue the hell” out of the county, then pounded the podium.

The letter in fact was a form letter sent to everyone who hasn’t paid their property taxes. Along with foreclosure, the letter warns of garnishing wages or directly tapping the person’s bank account. Almost always, the property owner sets up a payment plan.

“I am in charge of collecting taxes,” Francis replied. “I am not going to apologize for doing my job.”

Kirkpatrick diligently keeps notes during public comments, and afterwards addresses issues brought up by the audience.

“Sometimes I wonder if by responding I don’t bring on more encouragement,” Kirkpatrick said this week, but then dove in anyway. “As for revaluation we did the very best we could.”

Class warfare

Some who saw their property values increase will have a hard time — to put it mildly — paying more in taxes.

Eddie Cabe who lives in Canton says he is one of those people. His $67,000 home in Canton went up to $125,000. But it is a 90-year-old “box” house as he calls it, lacking proper floor joists, no insulation in the walls, and pull strings for light switches.

Kirkpatrick said those are things the appraisers couldn’t have known about Cabe’s house, and that’s what the appeal process is designed for.

“There are 55,000 parcels of property. We can’t come inside and evaluate each one, all they can do is take the sales that have taken place and look at the house from the outside and compare it to those in the neighborhood and put the best price they can on it. The best fair price,” Kirkpatrick said.

Cabe, who came to the county commissioners meeting to share his plight, said it wasn’t fair for his house to go up, while those with half million homes saw a drop in value.

“It seems like the folks that got money and the bigger nicer houses, theirs went down,” Cabe said. “I think this is the thing that people in the community are so upset with. We can debate all day along about whether real estate went up a little bit or down a little bit. But there are still people like me.”

Horace Edwards of Cruso questioned how his average three-bedroom home went up by more than 50 percent when mountainside mansions dropped in value.

“That’s not fair and equitable,” Edwards said. “I don’t belong to the upper end and I don’t get into the gated communities.”

Cure said the reval has created class warfare.

“These county commissioners have cut their nose off to spite their face. The median- to low-income people in the county are seeing their prices raised. They are the registered voters here. The higher priced homes are owned by people who don’t even live here and vote there,” Cure said.

Cure’s camp is calling on the county to throw out the revaluation and instead keep using the 2006 values on the books. Under 2006 values, upper prices homes would continue shouldering the same share of the property tax burden rather than seeing it shifted to lower and median priced properties.

Commissioner Bill Upton said tossing out the new values and keeping 2006 values on the books wouldn’t be fair. People who saw their property values fall compared to five years ago — roughly half the county — don’t want to keep paying taxes on values that are now too high.

“If we went back to 2006 we would have just as many people upset,” Upton said.

Cure agreed on that point. Those with high-dollar homes who saw their values come down would be up in arms if this reval was thrown out and the 2006 values carried on.

“Now you have a county divided,” Cure said.

Kirkpatrick said going forward with the revaluation seemed like the fair and right thing to do.

“If we had waited, some of these folks would be stuck with 2006 values that were by far higher than what their new values are. We weren’t trying to be fair to one class or another, but to as a whole be fair to everyone and go ahead and reval,” Kirkpatrick said.

Appeals

Property owners who disagree with their values can appeal — either an informal appeal with the county’s appraisal staff or a formal one before the quasi-judicial board of equalization and review.

The number of informal appeals this reval were nearly identical to the one in 2006, indicating dissatisfaction was about the same as it is every time the county tackles the mass appraisal, with 5,600 informal appeals compared to 5,500 last time.

But formal appeals are up by 20 percent over 2006.

Francis thinks the newspaper ad contributed to a rush of appeals just before the deadline. The day the newspaper ad came out, the county only had 600 formal appeals.

It grew to 1,800 just four days later.

That’s compared to about 1,500 appeals in the last revaluation in 2006, but nearly the same as the one before that in 2002.

Of course, some wait until the appeal deadline approaches, so the surge in the final appeal stage can’t all be chalked up to the ad. But he thinks a good number can.

“The appeals were extremely low until the advertisement hit the paper. A lot of people came in not knowing why they were appealing but they had the ad,” Francis said.

The State Bureau of Investigation is investigating whether Reid Brown, a former assistant district attorney in Waynesville, handled any cases improperly during his three years as a prosecutor.

The SBI would not elaborate on the scope or nature of the investigation.

“The SBI is investigating Reid Brown for actions taken while he was an assistant district attorney,” said Noelle Talley, an SBI spokesperson. The findings will be reviewed by the Attorney General’s Special Prosecutions Section, Talley said.

District Attorney Mike Bonfoey said he requested the state’s assistance to review a few cases there were questions over.

“I asked the Attorney General to take over the review of those cases for an independent review,” Bonfoey said. “At my request, the Attorney General, with the assistance of the SBI, is conducting an investigation into the matter.”

Bonfoey declined to comment further.

There is some indication the SBI has expanded the scope of the investigation beyond the three cases Bonfoey initially suggested for review.

Brown said last week the investigation came as a surprise and he was puzzled by what it could be about.

“I have not a clue,” Brown said. “I don’t know anything about it. I am confused and somewhat upset I have been left out of the loop.”

Brown said he will cooperate fully and is willing to take a polygraph and open all his files to investigators. Brown said he could not imagine what cases would have caused such a red flag.

“I know we had some disagreements but nothing that would rise to the level of that,” Brown said, citing his friendship with Bonfoey.

Brown said he had handled some cases where his son, David Brown, was the defense attorney, including dismissing tickets. Brown said Bonfoey had a policy against handling cases if a relative was involved, including being the lawyer for the accused. Technically though, there is nothing illegal or even improper about that, Brown said. Brown said he never fixed a ticket or charges against someone just because his son was representing them.

“It is not unethical for me to handle anybody’s case as long as I am fair. I think all the lawyers know I treat everybody the same,” Brown said. “But Mike (Bonfoey) had a policy because of the appearance that people might say something.”

Brown said Bonfoey had been upset about him handling those cases but Brown thought it had been resolved.

After learning about the investigation, Brown said he discovered that it initially centered over three traffic tickets and that it started after Bonfoey received a complaint.

Brown surmised someone in the legal community with a vendetta against his work as a tough prosecutor might be trying to stir up trouble for him. If a defense lawyer didn’t follow procedure or file the right paperwork, Brown said he would “get on them like a duck on a June bug.” He said that possibly created enemies. Brown said the investigation could have a chilling effect for him in legal circles.

For most of his decades-long legal career, Brown was a defense lawyer with a reputation for winning cases — or at least reducing the punishment — for those charged with crimes. In 2007, he gave up his lucrative private practice to work as an assistant prosecutor in the seven-county far western judicial district.

Bonfoey at the time lauded Brown’s experience.

“One of the difficulties finding someone with as much experience as Reid has is they have a good practice built up over the years that’s very lucrative for them,” Bonfoey said at the time. “It’s hard for them to give that up.”

In February, Brown retired from the district attorney’s office and went back into private practice as a criminal defense attorney with his son, David Brown. Reid Brown said he had always dreamed about having a law practice with his son.

The father-son duo started the firm Brown and Brown. David Brown, who grew up in Waynesville, came back three years ago after finishing law school and went into private practice with the firm about the same time his dad joined the prosecutor’s office.

Reid Brown tried several big cases, including being the lead prosecutor in the murder trial of Edwardo Wong who shot and killed a state trooper in Haywood County.

Brown’s stint under Bonfoey was actually his second stint in the district attorney’s office. He cut his teeth as a prosecutor in Haywood County his first three years out of law school in the mid-1970s.

David Brown’s fiancé was also an assistant district attorney for Bonfoey, but the engagement was called off. Reid Brown overlapped only briefly in the office with his son’s fiancé.

The three new Jackson commissioners — Jack Debnam, Charles Elders and Doug Cody — owe their victory last fall in part to the Cashiers and Glenville communities, where they won by margins of nearly 3 to 1.

Though they won in several other precincts as well, no where was their showing as impressive as it was on the mountain.

The floundering Cashiers recreation center project could be partly to blame for their predecessors’ ousting  — although it’s not the only reason. All three were Democrats, and no Democrat on the ballot, from Congress to sheriff, fared very well in Cashiers — though none did quite so poorly as the commissioners.

While the new board of commissioners will surely curry favor with Cashiers-Glenville voters for finally making the recreation center a reality, the stage for success was set — ironically — by the former commissioners despite their dismal approval rating there.

The blueprints, the costly site work to date — and most notably $5 million squirreled away in savings to pay for construction — were left behind on a silver platter for the taking.

Cashiers and Glenville combined have a year-round population of just 3,700, according to the latest census. But there are far more seasonal residents that flood the mountain in the summer. Of the 6,440 homes in the Cashiers-Glenville area, only 25 percent are lived in year-round, according to the census.

Cashiers/Glenville election results

Jack Debnam    904

Brian McMahan    513

Doug Cody    1,179

Tom Massie    439

Charles Elders    1,175

William Shelton    453

Jackson County commissioners say it’s high time Cashiers gets its due: an $8 million recreation center as pay back for the disproportional share of property taxes carried by the affluent homeowners there.

Blueprints for a Cashiers recreation center have been ready to roll since 2006. Five years later, the long-promised but yet-to-be delivered recreation center has become a symbol of discontent for Cashiers residents. Cashiers residents frequently claim they are neglected for the off-the-plateau county seat of Sylva and the communities surrounding it.

“They deserve a lot more than they have gotten in the past,” said Charles Elders, a newly elected Jackson County commissioner. “They feel like they have been neglected quite a bit.”

Elders said the recreation center has floundered on the “back burner” but that is about to change.

“I feel it was time to get serious about it and get busy with it,” Elders said.

SEE ALSO: Cashiers, Glenville show their pull in the polls

The county has spent $3 million over the past five years getting the site ready, including water, sewer and grading. All that’s lacking now is construction, estimated at $5 million.

County Chairman Jack Debnam, also a newcome to the board, said it seemed like the county had lost momentum on the project.

“After this site preparation stuff, the building sort of vanished,” Debnam said. “I am not sure what happened and how we got to where we are at.”

Debnam, like Elders, cited the taxes paid by Cashiers and Glenville residents — a product of the higher-priced homes and lots in those communities — as justifying the expense.

“If anything happens as far as any kind of building project, I would like to see that be one of the projects we do,” Debnam said. “It is a project that has been promised evidently for years and other things have always pushed it back.”

But Debnam said other outlying areas of the county — such as Qualla for example — also deserve more.

“People in Jackson County stay so close to their communities they don’t understand the wants and needs of the other communities is what I have found,” Debnam said.

A long and twisted road

Progress on the recreation center was stymied at several turns by a web of environmental permits. Site work hit one setback after another as the county learned of yet another regulatory hoop that had to be jumped through. There were also water and sewer lines to run, and an entrance road to build.

“Progress has been slowly plugging along but nobody has seen a building go vertical,” said Commissioner Mark Jones, who lives in Cashiers.

Trying to explain why it has taken so long has been a “nightmare,” Jones said.

“I would tell people we are going to build it and they would say, ‘Oh yeaaahhhh, suuurrre,’” Jones said.

The site lies in the headwaters of the protected Chattooga River, and thus required stricter-than-usual environmental requirements. The county had to navigate a maze of permits from the Army Corps of Engineers, the N.C. Wildlife Commission, the N.C. Division of Water Quality and the National Pollutant Discharge Elimination System

At each step, costs ballooned skyward.

“We had to spend a phenomenal amount of money to meet the environmental requirements and permits,” Jones said.

The county ponied up an additional $900,000 for site work between 2006 and 2008 to comply with tougher standards on everything from wetlands to stormwater runoff. Even bringing water and sewer to the site cost more than expected.

Cost overruns did influence the project’s timeline, Jones said.

“As we were spending the extra money, we saw more and more go to site prep and less and less left for the building,” Jones said.

County Manager Chuck Wooten, who just came on board in January, said it is unlikely the former board of commissioners would have kept spending on site work if they didn’t plan to follow through with the project somewhere down the road. In 2007, commissioners took out a $2.7 million loan to cover the site work.

But the drawn-out process and lack of actual construction work left many thinking the project was never going to be completed.

“I do think the folks up there in Cashiers are confused as to why it hadn’t been taken care of,” Wooten said.

Jones said the former board of commissioners were always committed to the project — at least the majority of them were.

Former commissioner Tom Massie said publicly — during a candidate’s forum held in Cashiers no less — that he thought it was unwise to spend the money at this time given the uncertain economic conditions and school funding shortfalls that could lead to layoffs of teachers. Jones said Massie’s honesty in a roomful of Cashiers voters on the eve of the election was admirable, at least.

At the same forum, the three newly elected commissioners pledged support for the recreation center.

Making good on their promise, they asked Wooten to bring them a status report on the project and what it would take to jump start it.

The architect, Dan Duckham of Cashiers, told Wooten plans could be ready to go to bid within two months. The cost estimate stands at $5 million.

Wooten hopes it might not be that much. Builders are hungry for work given the depressed construction market, he said.

“It is a great climate for bidding,” Wooten said.

The county has enough in reserves to pay for construction without borrowing.

Jones said the county once intended to take out a loan for construction but were waiting until this year, Jones said. The county this year will finish making loan payments on the Fairview and Scotts Creek schools, freeing up the county’s debt load.

Wooten instead has recommended tapping the county’s plentiful savings, which stands at roughly $20 million. Commissioners have informally agreed.

The county built up its reserves over the past decade, growing the fund balance by $10 million in the last 11 years, Jones said.

“They were very wise in socking away a considerable amount of money,” Jones said. “You have to give credit to the former county manager and boards of commissioners.”

The recreation center will cost another $330,000 annually for staff, overhead and maintenance, Wooten estimated. Part of that would be offset by memberships.

Jones said the Cashiers recreation center will provide economic stimulus in Cashiers, both creating jobs and spurring investment. People who have bought lots but not yet built their retirement home may now decide to do so thanks to the coming amenity.

Want to go?

Jackson County commissioners will hold a work session to discuss the Cashiers Recreation Center, including a chat with the architect, at 1:30 p.m. Friday, June 3, at the Cashiers library.

Hypothermia is a possible cause of death for Aubrey Kina-Marie Littlejohn, a 15-month-old Cherokee baby who died in January, according to a state autopsy report released last week.

The autopsy also showed indications of multiple bruises to the head and a broken arm.

Relatives had repeatedly warned Swain County Department of Social Services of suspected abuse and neglect by the baby’s caretaker, but DSS failed to take action. Swain DSS is now under investigation for an alleged cover-up, including falsifying records to hide any negligence on their part.

Aubrey had been living in a trailer with of her great aunt, Lady Bird Powell, 38. Relatives say there was no heat in the trailer. When Aubrey was brought to the Cherokee Indian Hospital the night she died, she was dressed in only a T-shirt. Her core body temperature was only 84 degrees and she was pronounced dead shortly after arrival.

The doctor performing the autopsy could not decisively pinpoint a cause of death and officially deemed it “undetermined.”

“The cause of death certainly wasn’t obvious,” said Dr. Donald Jason, a pathologist at Wake Forest University Baptist Medical Center.

However, hypothermia remains a possible cause of death.

“We certainly have not ruled out hypothermia,” Jason said.

Hypothermia is difficult to confirm unequivocally through an autopsy and requires “a thorough scene investigation to support a cause of death as hypothermia,” Jason wrote in his report.

It will ultimately take “really good police work” to figure out what happened, Jason said.

“Just like in all science, one has a hypothesis that can be formed from what people say happened or reasonable guesses. The autopsy is one test,” Jason said.

Law enforcement failed to take the temperature inside the trailer. Their reports merely reflect that it was “cold,” Jason said.

Swain County Sheriff Curtis Cochran said the investigation has not been called off just because the autopsy came back with an undetermined cause of death.

“We are still investigating. When the investigation is concluded, we’ll sit down with the District Attorney’s office and determine what if any charges will be coming out of this,” Cochran said.

While the autopsy did not confirm homicide, it likewise did not confirm death from natural causes.

“Questions have been raised. I don’t think they are answered by the autopsy alone,” Jason said.

The autopsy showed multiple bruises to the head that seem to have occurred within a day prior to death. It would not have been possible to receive all the bruises from a single fall, Jason said. However, whatever struck the child’s head was not severe enough to be linked to the cause of death or to the brain swelling.

It also revealed that both bones in Aubrey’s forearm had previously been broken. The break was consistent with a blow to the forearm, rather than a fall, Jason said. Jason said the injury would have been quite noticeable, however, Aubrey was never taken to the hospital or a doctor for it, according to law enforcement records.

In addition to claims by family members who say DSS had reason to suspect abuse and neglect but failed to act, court papers involving other children in Powell’s care reveal that Swain County social workers had reports of physical abuse of Aubrey months before her death.

Angel Medical Center in Franklin, one of the last, small independent hospitals in the state, is now part of Mission Health System in Asheville.

After months of negotiations, Angel last week came under Mission’s management umbrella — likely a temporary arrangement on the road to full merger. The move does not come as a surprise. Angel has had a close partnership with Mission for years.

Angel CEO Tim Hubbs equated the deal signed last week to getting engaged after years of dating.

“I would call it the engagement period. I think in short order we might say ‘Let’s go ahead and get married’ but we haven’t set that date yet,” Hubbs said.

Hubbs would not say what would trigger an acquisition by Mission, only that it would be based on certain outcomes being realized over an undisclosed length of time.

While the deal falls short of a full merger for now, most of the benefits of affiliation will be realized right away, Hubbs said.

The move will be financially advantageous for Angel. The hospital can get bulk rates on medical supplies, push for higher reimbursement from insurance companies and get better deals on equipment or contracts thanks to the buying power and leverage that comes with being part of a larger institution like Mission.

Mission already came to Angel’s aid on the monetary front two years ago, when the hospital was about to see its interest rate on some $14 million in debt jump substantially. The debt dates back to renovations and expansions over the years, Hubbs said.

SEE ALSO: The passing of an era? Residents in Macon County say goodbye to independent hospital 

Faced with pressure from the national credit crisis, the bond holders reassessed Angel’s risk level and planned to adjust the interest rate accordingly. Mission stepped in a guaranteed the debt, akin to co-signing for a loan, and allowed Angel to keep its interest rates reasonable, Hubbs said.

Tapping new capital is not a reason for the affiliation, Hubbs said, although at some point that may be a possibility.  

Small hospital challenges

A very costly undertaking for hospitals, and one that has driven other small, independent hospitals around the state to affiliate, is the transition to electronic medical records. The cost of computers and software to go from paper charts to integrated electronic patient records is astronomical, according to Janet Moore, the marketing director of Mission Hospital.

Moore said small rural hospitals have it tough these days. They usually have a high percentage of patients on Medicare and Medicaid, which pay less than private health insurance plans. There’s also a higher percentage of people who can’t pay and have to be written off.

“It leaves them in a real bind,” Moore said.

Mission can provide expertise in the increasingly complex world of hospital management. Picking the right medical code in the maze of billing bureaucracy can make a substantial difference on how much insurance companies or Medicare reimburses for a particular service.

Mission also has experts that can help Angel with best practices, from preventing falls to reducing infections among hospitalized patients, Moore said. It is not just a matter of patient safety, but Medicare and Medicaid won’t pay for infections or injuries picked up during a hospital stay.

“The federal government has said, ‘We are not paying for that anymore.’ They say, ‘That happens in your hospital you eat the cost,’” Moore said.

Another benefit: Angel can now lean on Mission’s reputation when recruiting doctors to locate in Franklin.

“I do think if you are recruiting a physician and you can be part of Mission’s system, it does feel differently for them than just a solo hospital,” Hubbs said.

That’s what inspired Transylvania County Hospital in Brevard to sign a management contract with Mission recently as well.

“What they are looking at is how do they continue to attract specialists and doctors to come there and live and work,” Moore said.

A few doctors affiliated with Mission already hold satellite office hours in Franklin, providing access to specialties otherwise not available in the community.

“We have been able to bring specialists and subspecialists to enhance what the community already has,” Moore said.

Despite fears to the contrary, Mission does not plan to siphon care out of Franklin and send patients to its flagship in Asheville.

“We’re looking forward to working more closely with Angel’s leaders, physicians and staff to help ensure the continued delivery of quality care close to home by this outstanding community hospital,” said Ron Paulus, CEO of Mission Health System.

The hospitals in Spruce Pine and McDowell County both saw both their revenue and the number of doctors practicing in their communities increase substantially following their mergers with Mission.

Angel has long partnered with Mission, both formally and informally. Angel serves as a western base for Mission’s emergency medical helicopter. The two recently embarked on a joint spine center.

Last year, Angel’s board made public that it was pursuing a formal affiliation with Mission. The terms of the contract signed by Angel’s board of directors last week are not being made public. Both institutions are private and not required to disclose details of the deal.

Hubbs would only say that the contract is long-term, longer than just a few years. The financial terms are private as well, such as the management fee Mission may be getting or benefits Angel expects in return.  

Mission facing challenges

The deal comes amidst debate over Mission’s presence in the region. Detractors claim competition from Mission amounts to a monopoly and should be reined in. Supporters counter that Mission is merely trying to provide the region with access to the best health care possible.

State regulators are reviewing Mission’s anti-trust regulations to determine whether they should be tightened or loosened. Meanwhile, a bill has been introduced by Sen. Jim Davis, R-Franklin, that would bar Mission from expanding pending a state-commissioned study. If it passed before Angel inked a deal with Mission, it could have derailed it, but not now.

“There is nothing in the bill that would create an unwind situation,” Hubbs said.

The bill could still hurt Angel from realizing the full benefits of the affiliation. It aims to limit how many doctors Mission can employ, for example, undermining its ability to recruit new doctors to Franklin.

The loss of autonomy, whether perceived or actual, is a likely side-effect of a merger. Two other hospitals that have merged with Mission — namely McDowell County Hospital and Blue Ridge Regional Hospital in Spruce Pine — have preserved a balance of power, however.

The local hospitals kept their own board of directors, although some board members are now appointed by Mission. The local hospital board has hiring and firing authority over the CEO, but the CEO also reports directly to Mission. In essence, the CEO has two bosses. And if he got conflicting orders?

“That has never happened,” Moore said.

Moore said Mission has never expected the CEO to make decisions that benefit Mission to the detriment of the local hospital, thus it’s never been an issue.

That’s what Angel is counting on as well.

“The focus of this agreement is to maintain, enhance and increase access to health services here locally, while maintaining local input,” Hubbs said.

For Mary Edwards, the owner of Craft Collection in downtown Waynesville, news of a possible Michaels coming to town is devastating.

“Well, that’s the end of me,” said Edwards. “I’m small, so I can’t complete with big stores.”

Edwards is surprised Michaels would consider coming to Haywood County.

“I never thought they would come here. They might be bringing jobs but it will put all the small business owners out of business,” Edwards said. “I’ll have to close.”

Ray Fulp, owner of the small, independent pet supply store Dog House around the corner, was just as dismayed.

“I think it would close us up,” Fulp said after learning Pet Smart may be coming to town. “That’s sad, that’s sad.”

Fulp and his wife have been in business for 24 years. This had always been a fear of theirs.

“The way the economy is right now, with a big pet supply coming in to town, we couldn’t make it,” Fulp said.

Fulp, 61, said he’s not ready to retire.

“I guess I could go work for Pet Smart,” he said.

At 57, Edwards is not ready to retire either. As a struggling small business owner, she can’t afford to yet. But after 18 years of selling brushes, paints, inks, beads, scrap booking supplies, balsa wood and sundry other art and craft supplies, Edwards isn’t sure what else she would do.

SEE ALSO: Plans call for new Belk, a Michaels and PetSmart in Waynesville 

Customer service could be the saving grace for Edwards and Fulp as they prepare to go up against the big chains.

Ann Squirrel, a painter who has shopped at Craft Connection for two decades, said she wouldn’t quit coming.

Squirrel admits to making a trip to Michaels in Asheville every three to four months to stock up on things she can’t get from Edwards, but, “anything I need, I always come here first,” she said.

“Even though prices are a little higher, I would still come. She is so wonderful to her customers,” Squirrel said.

Sometimes customers will call ahead with an order and send their husbands to pick up what they need. Edwards will pull out everything they need and have it waiting on the counter.

“I have actually delivered stuff to people,” Edwards said.

One customer had an ankle replacement and couldn’t get out, so Edwards loaded up pecan resin figurines — which people paint as a hobby — took them to the woman’s house and lined them up for her to pick which ones she wanted.

It’s unlikely Pet Smart shoppers would find expertise at the chain store rivaling Fulp. Fulp knows his customers and their pets and takes the time to help them, such as if a dog has an allergy and the owner can’t figure out what it is.

Fulp’s wife, Sandy, operates a grooming business out of the store. It’s developed a loyal customer base for the retail side, and Melissa Leatherwood said she wouldn’t abandon them for Pet Smart.

“I would rather give local businesses my support than a chain,” she said, as she loved up her freshly groomed shih tzu emerging from the back.

When Best Buy came to town two years ago, also jumping on the Super Wal-Mart train, a locally owned CD store in downtown Waynesville braced for the worst.

“We definitely lost some business to Best Buy,” said Shawna Hendrix, general manager of the Music Box.

It was impossible to compete with the prices of the mega-music retailer across town.

“They can sell them for cheaper than we can purchase them from our warehouse,” Hendrix said.

They survived by offering what Best Buy doesn’t carry: bluegrass, country, blues, jazz, Indy labels and other music genres outside the confines of Top 40 pop. The store also diversified, adding clothing and other retail along with CDs.

When asked if it looked they would make it, Hendrix said the owner is too stubborn to give in.

Belk department store in Waynesville might be moving from its anchor spot beside Ingle's grocery store to a much larger and brand-new building beside Super Wal-Mart.A Michaels craft store and Pet Smart might also join the ranks of big-box chain stores at the Waynesville Commons development on South Main Street, according to building plans submitted to the town's planning office.

The new stores have been proposed for a 12-acre commercial site next to Super Wal-Mart that originally was slated for a Home Depot. When the economy tanked, Home Depot pulled out, and has been trying to off-load the tract.

While construction plans under review by the town call for an 85,000-square-foot Belk, the Waynesville store manager said it is still too new to talk about.

"The details haven't quite been published. It is still in the works," said Reasey Johnson, the general manager of Belk in Waynesville.

Plans were filed with the town by CBL & Associates, a commercial property development firm that has been marketing the site for Home Depot. There has not been a sale of the site recorded yet, and the tenants are not yet cast in stone.

"We have nothing official to announce regarding a prospective development in Waynesville," Matt Phillips with CBL & Associates. "We explore a number of opportunities; some that are realized and some that are not. We will be pleased to make an official announcement when we have actual information to share."

County economic development leaders have been working for years to bring development to the former industrial site. A sprawling, rusting, old factory was bulldozed to make way for the retail strip complex five years ago. But new stores have been slow to locate there because of the economy.

"This is what we expected to happened, but the unfortunate three year economic hiatus held us up," said Waynesville Mayor Gavin Brown, also a member of the county's economic development commission. "It is nice to see we are having nationally known businesses locate in the community. I'm not saying there aren't local suppliers of those same products, but it is nice to know Waynesville is recognized as a place to be."

A new $12 million entrance road for Southwestern Community College got preference over other road projects in the region in recent years, partly thanks to support from the right friends in the right places.

Conrad Burrell, the chairman of the SCC board of trustees, advocated for the road not merely as a representative of the college, but also from inside the N.C. Department of Transportation. For more than a decade, Burrell has simultaneously served on the SCC board and as this region’s representative on the N.C. Board of Transportation, which holds sway over what roads get built.

Burrell holds one of 14 coveted seats on the state DOT board. His position allowed him to steer what road construction in a 10-county area from Haywood west.

Burrell three times voted to give the road funding during state DOT board meetings. The road has received $680,000 since 2007 for planning and design. Construction is slated to start the second half of next year.

Burrell’s support of the project did not legally constitute a conflict of interest, however. Under state law, a conflict of interest exists only when a public official or their immediate family member stands to benefit financially. In this case, Burrell is not paid to serve on the SCC board, nor does he gain financially from the new road.

At every DOT board meeting, board members sign a statement that reads: “I do not have any financial, professional or other economic interests in any of the projects being presented on the Board of Transportation meeting agenda.”

In an ethics training workshop for DOT board members in February, Burrell said he specifically asked about this issue.

“From the legal standpoint there is not a conflict and I am not benefiting from anything,” Burrell said.

Burrell said he began to wonder about it after the SCC board recently named a new building in his honor. The new entrance road will lead past the doorstep of the $8 million building bearing Burrell’s name.

Norma Houston, a public law expert with the UNC School of Government, led the ethics workshop.

“I remember him being very concerned about whether it was a conflict of interest,” Houston said, adding she was impressed that he asked.

“Did he somehow use his position of office as a DOT board member to help secure funding for the new road that would benefit the college?” Houston said. “Under the state ethic act, that is not a violation because there is no personal gain.”

The most he may have gained was his name on a building, which he may have gotten anyway. At a recent groundbreaking for the building, fellow college trustees praised Burrell for his contributions to the college, specifically citing his role in securing a new entrance road for the campus.

Houston said those in public positions still have to be concerned about the appearance of conflict, even if it doesn’t meet the legal definition.

“The question I always pose back is when the law doesn’t clearly say ‘no’ and you are left with the question ‘should you still do it?’” Houston said.

That’s when Houston recommends a little soul searching.

“Would he still have advocated for this project, would it be good for the community and good for the college, even if he didn’t serve on the board? That helps frame the individual’s thoughts on the ethics side of the discussion,” Houston said.

In this case, Burrell says he would. The college currently has only one road in and out, and if something happened to block that road, students could be stranded on the hillside campus.

“Even if I hadn’t been on the college board, I think this is absolutely a safety issue,” Burrell said.

Jack Debnam, the chairman of the Jackson County Board of Commissioners, has questioned whether a new entrance road for SCC is that important compared to other road needs. Debnam met with DOT officials last week to share his concerns and learn more about the new road.

“I told them this whole thing stinks so bad I can’t hardly stand to stay in the room,” Debnam recounted. “I told them I was going to do everything in my power to stop them.”

Burrell has served on the DOT board for 10 years. His current term expired in January. He is willing to be reappointed for another term, he said, but the governor has not yet taken action.

Making the grade

DOT board members used to have great leeway in deciding what roads got built in their respective geographic areas. In fact, that was the primary role of the DOT board.

“We relied on them to tell us what was important in the division,” said Van Argabright, the western manager for the transportation planning. “The priorities were in their head, so to speak.”

In 2007, the state moved toward a more formal and objective method of ranking road construction. Projects are now graded on a point system. Local leaders are asked for input, which in turn earns points for a project.

“But back then you didn’t have a way to score,” Argabright said. Thus the power lay almost entirely with the DOT board members.

The SCC interchange landed on the state’s priority list in 2007, just before the new system was implemented. So there was nothing unusual about Burrell, being the region’s DOT board member, asking for a project to be funded even if he had a personal interest in it.

Argabright said the SCC entrance road seems like a valid priority.

“It certainly seems to me trying to help a community college is a pretty good thing,” Argabright said.

The new SCC entrance road isn’t the only project DOT has pursued in recent years that benefits the community college. A new road that leads past SCC’s Macon County campus is currently under construction. The existing road to reach the SCC campus in Macon is a narrow, dead-end, two-lane road. It will be widened and straightened, providing a better caliber road, and extended to tie into U.S. 441 so it is no longer a dead-end, a project carrying a price tag of least $13 million.

Both were on a short list of priority road projects that local DOT leaders tried to protect from state budget cuts.

Joel Setzer, the head of a 10-county DOT division based in Sylva, advocated to keep the SCC road projects on track despite others being delayed in the face of state budget cuts.

In April 2009, after reviewing a revised timetable for road construction, Setzer wrote in an email to a state engineer: “There are 39 projects with the schedules being delayed …. Of the 39, we see seven projects that the original schedule should be maintained.”

The new entrance to SCC’s Jackson campus and the improved road to SCC’s Macon campus were among the seven.

In another email a few days later, Setzer asked road engineers if they could get the roads designed in time should the money materialize as hoped.

“These two projects are being evaluated for schedule due to funding shortages. These are high priorities for Division 14. Division 14 is evaluating options for keeping these projects on schedule and delaying others. I need to know if the funding is made available, can you deliver these projects,” Setzer wrote. “Please let me know as soon as you can. I do not want to trade another project’s schedule for these and then not let them on time.”

Setzer said that the roads were not given preferential treatment per se. Given the funding constraint, the DOT was forced to choose which projects to keep on track and which to delay— but that doesn’t mean the SCC roads moved ahead of others in line.

“There is a difference between accelerating schedules versus maintaining schedules,” Setzer said.

Debnam questioned whether the roads were the best use of limited road building money.

“That’s $30 million of our division’s money that has gone into two glorified driveways,” Debnam said in an interview.

Debnam shared his disdain for what he claimed was preferential treatment for the SCC roads during a county commissioner meeting Monday. He even came prepared with a blown up map of the project.

Before Debnam could get started, Commissioner Joe Cowan stepped in.

“This report is not on the agenda,” Cowan protested. “If we are going to have this we need to have someone from DOT to tell the other side of the story and I object.”

“Well, they can come next time,” Debnam said.

Debnam told the audience at the commissioners meeting that they should all wonder about “the real purpose of this road.”

“There are some projects in our county that have been put off for years for the funding to be acquired for this road right here,” Debnam said.

“I don’t think anybody can become an authority on DOT projects after becoming a commissioner for only five months,” Cowan said after Debnam’s presentation.

Ryan Sherby, a liaison to the DOT for the six-county Rural Planning Organization, said the process for road building is complicated. There may well be “more pressing transportation needs” than the new SCC entrance, he said. But some projects are more complicated to design, cost a lot more money or have right-of-way hang-ups.

“This one may not be the best project in Jackson County that could have been pursued, but this is a doable project,” Sherby said.

The motivation behind a $12 million entrance road to Southwestern Community College has been called into question by a Jackson County commissioner.

Jack Debnam, chairman of the Jackson County commissioners, claims the road catapulted past others to the top of the list.

“We all had other projects pushed back to get this in,” Debnam said.

The road first appeared on the N.C. Department of Transportation’s list of proposed projects in March 2007. A month later, it was allocated $400,000 to begin planning. Construction is scheduled to begin in the second half of next year.

SEE ALSO: DOT leader advocates for SCC road while serving on college board

SEE ALSO (PDF download): DOT proposal 

That’s not exactly fast-tracked, according to Joel Setzer, head of the Department of Transportation’s Division 14, a 10-county area with its main office in Sylva.

“It has taken a normal pace for a project of the magnitude that it is,” Setzer said. Granted some projects take longer, much longer, but this one was very straightforward in its design, has no environmental issues and little right-of-way to acquire.

The purpose of the new entrance road is to serve SCC’s expanding campus and for safety, according to the DOT. The college buildings are built into a hillside. The entire campus only has one entrance now, and if blocked, students could be trapped during an emergency.

Commissioner Joe Cowan emphasized this point as a counterpoint to Debnam’s questions over the project.

“If we had a real emergency there and that one way got blocked, there is no way to get there with an ambulance or fire truck,” Cowan said.

Both Tuscola High School in Waynesville and Smoky Mountain High School in Sylva were in similar straits. Each had a single road in and out and are also situated on a hillside. Both have had second entrance roads built with DOT funds in recent years.

Bridge over 107

The new entrance road calls for an overpass above N.C. 107 with on- and off-ramps. The interchange could serve a dual purpose in the future for the Southern Loop, a proposed bypass around the clogged commercial artery of N.C. 107, according to Conrad Burrell, a member of the state DOT board who lives in Sylva. The bypass would need an interchange where it connects with N.C. 107 anyway, likely in the same vicinity, so this one could play that role some day.

“That would be the logical place to put it,” Burrell said, adding they have suggested as much to road planners in Raleigh.

Lydia Aydlett suspects the interchange for the SCC road was designed with the Southern Loop in mind. The same people in the DOT who planned the SCC road are planning for the Southern Loop — namely Burrell and Setzer — so it is only logical they would devise a way for the projects to converge, said Aydlett, a member of Smart Roads Alliance that opposes the Southern Loop.

However, that was in no way the driving force behind the interchange design for the SCC entrance road, according to Setzer.

“That really was not the objective of the interchange. We were not trying to speculate where the 107 connector, if it is ever built, would come in,” Setzer said.

Debnam accused the SCC entrance road of ballooning from a simple intersection as first proposed to a much larger and costlier interchange sporting an overpass with ramps. The interchange design was chosen in lieu of a standard intersection because it is cheaper and safer, according to Steve Williams, a road engineer with the DOT office in Sylva.

Since SCC sits on a hillside, the entrance road must climb up from N.C. 107 to reach campus, Williams said. An elevated interchange means less excavation into the hillside when making that climb.

“The cost was cheaper to do a bridge because of the size of the cut,” Williams said.

It is also safer. If traffic backed up at a stoplight, drivers woudn’t know it until cresting the hill.

“You would abruptly be on stopped traffic,” Setzer said. “We were worried that would be a safety issue.”

The overpass design came as a shock last year to Jeanette Evans, a member of the Jackson County Transportation Task Force that was tasked two years ago with crafting a long-range road plan for the county.

Since the SCC road was already in the pipeline, it was never specifically discussed by the task force. But it appeared on all the DOT maps they used.

“It looked really innocuous,” said Evans.

Evans wasn’t the only one surprised.

“Maybe if the overpass (design) was talked about, it may have raised some opposition on the task force,” said Ryan Sherby, a liaison between local leaders and the six-county Rural Planning Organization.

However, the interchange design was adopted early in the design process. At a public meeting on the project in 2008, the DOT presented three concepts for the new entrance road and solicited public feedback. Two of those three options called for an interchange. At a second public meeting in 2010, the DOT again showed maps and handed out brochures showing interchange-style design options.

According to an attendance roster, at least two members of Smart Roads attended the first public meeting in 2008 where the interchange design was shared.

Help to congestion?

As a side benefit, the new entrance will relieve congestion at the intersection of N.C. 107 and N.C. 116 by giving students an alternative way onto campus, according to the DOT.

“I think it will take a quite a bit of traffic off that intersection. That was part of it,” Burrell said.

As of 2009, 11,000 vehicles a day traveled past the college on N.C. 116. Clearly not all of them were coming and going to the college — around 2,500 students take classes at the Sylva campus, but not all students come to campus every day.

How many vehicles would use the new entrance road, and whether it would take much pressure off the existing intersection, is doubtful, Debnam said.

“It is not going to pull that many people out of that intersection,” Debnam said.

Those coming to SCC from the Sylva area won’t be able to use the new entrance road. It would be used only by those coming from the Cullowhee area. Those leaving campus can use the interchange to head in either direction

Jackson County commissioners may tap the county’s robust savings to build a $5 million recreation center in Cashiers.

The rec center has been years in the making, with the previous board of commissioners chipping away at site preparation, planning and design.

County Manager Chuck Wooten told the current commissioners they could move ahead with construction thanks to healthy county savings.

“Even by taking $5 million out of our fund balance we are still in really good shape financially. It would not impact the county negatively at all. We still have a very generous reserve,” said Wooten, who took over as the new county manager in January along with a new slate of commissioners.

Commissioner Mark Jones, who lives in Cashiers, said he would support using the fund balance to build the long-promised Cashiers rec center.

“I think after five years it is time to take this off the shelf,” Commissioner Charles Elders added.

The pending merger of Angel Medical Center with Mission Health System could be sidelined, at least temporarily, by a state bill aimed at limiting Mission’s influence in the region.

Sen. Jim Davis, R-Franklin, said he introduced the bill to offer a check on what he sees as a monopoly by Mission.

It would halt an affiliation between Mission and Angel that has been in the works for more than a year and is now close to a final deal.

“Right now it is in Angel’s court. We are certainly hoping within the next month,” said Janet Moore, director of communications at Mission.

Angel CEO Tim Hubbs said the decision of who Angel will affiliated with should rest with the people of Macon County, not Raleigh lawmakers.

“I have spoken to dozens of long term residents in our area that are outraged by the bill and are very upset with Senator Davis,” Hubbs said.

Hubbs said the bill was a shock.

“We were blindsided by it,” Hubbs said.

Davis met with Hubbs and key hospital leadership a couple of weeks ago to hear their concerns.

“He said the last thing he wanted to do was hurt Angel,” Hubbs said. But Davis has not withdrawn the bill or altered its language.

It is unclear just how much traction the bill has. Mission and Angel may complete their deal before the bill has a chance to move forward.

Davis suggests Mission could exploit its monopoly status to hoard health care services, limiting care patients can get locally and making them drive to Asheville.

But Davis’ bill would cause exactly that to happen, Hubbs said.

Mission will bring more health care service to Franklin, not less, Hubbs said. And without Mission, Angel may actually have to scale back what it provides, having the limiting effect Davis’ claims he doesn’t want.

“I think he has good intentions but the bill ironically would have the opposite effect,” said Trentham. “What he is trying to do ironically will limit free market choice.”

A partnership with Mission will make it easier to recruit doctors, bringing more specialties to Angel. Specialists from Asheville already hold occasional office days in Franklin if the services can’t already be found there.

“Mission and Angel have partnered for a very, very long time. We have been able to bring specialists and subspecialists to enhance what the community already has,” Moore said.

Angel most stands to gain financially. It will get better rates from insurance companies, can get more competitive prices on medical supplies and equipment due to bulk purchasing power, and tap Mission’s expertise on the complicated world of hospital administration and regulations.

“We aren’t to the point where we can’t survive without it, but we are definitely stronger with an affiliation,” Hubbs said.

Davis agreed Angel should be able to align with Mission if it wants to.

“I am not trying to stand I the way of that,” Davis said.

Davis said he understands why small hospitals need to be tied to a larger institution. Angel has 25 beds, and has 16 patients a day on average.

“The small ones just can’t survive by themselves,” Davis said.

But Davis’ bill would halt the merger for at least a year until the issue of Mission’s monopoly can be studied.

Hubbs last month announced he would retire in the next six months, altering solidifying the deal with Mission. That may be delayed now, too.

“I will stay here until we get some thing on the right footing,” said Hubbs.

A state bill aimed at ensuring a balance of power between Mission Health System and smaller hospitals has placed lawmakers in the middle of a healthcare turf war.

As Mission steps up efforts to acquire smaller hospitals and doctors’ practices around the region, some fear the Asheville-based health system will siphon healthcare dollars away from local communities and limit the scope of medical care patients can get closer to home.

Meanwhile, patients don’t want business motives to drive the healthcare they receive. The medical community universally asserts that isn’t the case, even as hospitals jockey over market share and fiercely guard their territory from encroaching competition.

But Sen. Jim Davis, R-Franklin, who introduced the bill, isn’t so sure.

SEE ALSO: Angel close to merger with Mission if state bill stays at bay

“Health care is a business, it is a huge business, and for Mission it is close to a billion dollar a year business,” said Davis, an orthodontist in private practice who represents the six westernmost counties in the General Assembly. “Just like any other business we have to guard against monopolies.”

If Mission’s dominance is allowed to expand unchecked, with more and more doctors and rural hospitals coming under its umbrella, Davis fears everything except routine medical procedures and basic care would be funneled to the flagship in Asheville.

“None of these hospitals in the western part of the state want to be an emergency care center and just shove everything to Asheville,” Davis said. “Local hospitals want to maintain care in the local communities.”

Mission leaders maintain they do not want to suck up business from smaller county hospitals — and if they tried, patients wouldn’t stand for it.

“The data has been very consistent that people prefer their local hospital for routine hospitalization,” said Janet Moore, communications director at Mission.

Mission plays a life or death role for patients across Western North Carolina as the only hospital in the state’s 17 westernmost counties where highly advanced medical care is provided.

It’s not in anybody’s interest to see that function undermined, Moore said. On that point, Davis agrees.

“It is essential that Mission hospital remain strong in the western part of the state,” Davis said.

Yet Moore said the freshman senator’s bill would hamstring Mission: it would bar Mission from affiliations or joint ventures with other hospitals and doctors’ practices until the end of the year, or until a study is completed.

“This bill says Mission has to compete with a different set of rules than everybody else,” said Moore. “We are a little perplexed by the bill. What problem is this legislation supposed to fix?”

Mission is already subject to anti-trust regulations, imposed when it merged with St. Joseph’s Hospital. The state dictates how much it can charge for procedures, sets a profit ceiling and limits how many doctors the hospital can employ.

“We basically operate under a microscope,” Moore said.

Davis questions whether the rules go far enough, however.

“I have heard of quite a few physicians that are concerned about the lack of competition in the medical field,” Davis said.

Davis’ bill would commission a study to determine if those concerns are warranted.

“I have no evidence Mission has done anything wrong,” Davis said. “The whole purpose of my bill is to start a conversation.”

Mission’s frontline

Doctors in the region are divided on whether Mission is predatory in its business practices.

“There always will be a lot of paranoia in healthcare that the big, 800-pound gorilla is going to come in and steal your patients,” said Dr. David Mulholland, a family doctor in Waynesville who is affiliated with Mission.

But, that’s not the case, he said.

“They have plenty of patients. They don’t need any more patients,” Mulholland said.

What Mission does need, however, is referrals for highly specialized care not available at local hospitals — such as neonatal intensive care, open-heart surgery or repairing aortic aneurysms. Mission needs enough volume to cover the cost of highly specialized doctors and equipment. It counts on smaller hospitals to send patients needing advanced medical care its way, Moore said.

But when the hospitals in Haywood, Jackson and Swain counties partnered up last year with Carolina’s Health System headquartered in Charlotte, Mission began fearing those patients could be sent out of the region to Charlotte.

“Hospitals have very small profit margins. If even a small percentage of that business was siphoned off to Atlanta or Charlotte, it would be a big thing. It would hurt access for everyone in Western North Carolina,” Mulholland said.

Mission had hoped the MedWest group of hospitals in Haywood, Jackson and Swain would partner with it. But when they chose Carolinas instead, Mission reacted.

Mission began actively recruiting doctors in Haywood to join its staff. It also set up an outpatient clinic practically next door to Haywood’s hospital staffed by rotating doctors from Asheville.

Critics fear such a toehold could allow Mission to steer patients to Asheville for services. But it could be Mission is merely protecting its interests.

“Would they have had an interest in Haywood County if it was still just Haywood Regional Medical Center? They probably would have said ‘No, it is a stable situation. We get the tertiary referrals and that’s what we need and that’s what we want,’” Mulholland said. But “hospital administrators know the history of what happens when other competing large health care systems come into your area.”

Perhaps the paranoia cuts both ways, however.

MedWest CEO Mike Poore said his hospitals are not sending patients to Charlotte rather than Mission.

“Our referral patterns have not changed at all,” Poore said. “Patients do not have to worry that if a physician is employed by whatever institution that healthcare decisions are made based on anything other than providing the best care.”

When Poore’s own son needed neurosurgery recently, he sent him to Mission, not Charlotte.

“The neurosurgeons at Mission are excellent,” Poore said. “There is no reason for anyone to go beyond there for tertiary care.”

Poore said there are a lot of fears, but they are nothing more than that.

“We are working very hard to work together,” Poore said.

Dr. Stephen Wall, a pediatrician in Haywood County, said Haywood is a great hospital with great doctors, as is Mission.

“I wish we could all work together regionally,” Wall said. “I wish we could do this without always feeling like we are cutting each other’s throats.”

While MedWest frets that Mission is trying to steals its local health care dollars, and Mission frets that MedWest will send patients to Charlotte instead of Asheville, competing hospitals are nothing new in major metropolitan areas.

“It is not uncommon to have surgery center, hospital, surgery center, hospital — all within a stretch of a quarter mile,” said Dr. Chuck Trentham, an anesthesiologist at Angel Medical Center in Franklin. “We just aren’t used to the big business of medicine.”

Trentham said both sides are off in their portrayal of Mission — as a predatory hospital on one hand, or a purely benevolent institution on the other.

“I don’t think they are as bad as they are portrayed, or as good as they portray themselves,” Trentham said.

Angel CEO Tim Hubbs said he does not resent doctors affiliated with Mission providing services in their territory.

“If I didn’t have them coming a couple days a week I may not have an oncologist. For us it is not competition, it is providing a benefit to our community,” Hubbs said.

Wall said the outpatient clinic being run by Asheville doctors could be driven more by doctors’ interests than Mission’s.

“There are probably too many doctors in Asheville,” Wall said. “It is a great area and doctors want to live there, so there is competition for a shrinking healthcare dollar.”

In Franklin, doctors are used to competition from neighboring counties. Several Sylva-based practices have satellite offices in Franklin, holding office hours there one or two days a week, and sending business out of the county to Harris hospital run by MedWest in Sylva.

“The same way Mission is encroaching on MedWest, MedWest is encroaching on us,” Trentham said.

Who’s for it?

While battle lines are being drawn over the bill, exactly how it came to be isn’t completely clear. Davis wouldn’t name names when asked who approached him about the bill or who helped write it.

“I have talked to a lot of people about this bill,” Davis said. “There were hospitals and physicians groups and individuals that encouraged me to file this bill.”

It’s no secret that Park Ridge Hospital in Hendersonville supports the bill, and many believe it was the instigator. Park Ridge has reportedly brought two lobbyists on board to advocate for the bill in Raleigh.

For now, it remains the lone hospital that has gone public in support of the bill.

Park Ridge is part of the Adventist Health System, with 43 hospitals in 12 states. While Davis is a Seventh-Day Adventist, he said he did not introduce the bill to help Park Ridge because of that shared connection.

Davis said there are a “plethora” of theories about motives behind the bill. But he said his primary concern is that “health consumers’ interests are protected.”

Despite tension between Mission and Haywood, MedWest is not for the bill.

“We just don’t feel like we have any standing to support that bill,” said MedWest CEO Mike Poore. “We don’t see legislation as how you deal with competition. We believe in providing good quality health care, strong access and a great patient experience as how we compete, and that legislation is not needed.”

Some in the medical community have accused MedWest of advocating for the legislation, however.

“There has been a lot of goings on behind the scenes and behind closed doors,” Moore said.

Dr. Peter Goodfield, an Asheville cardiologist, claims the legislation was “promulgated by Park Ridge Hospital and MedWest.”

Park Ridge in Henderson and MedWest-Haywood are the region’s biggest and likely strongest hospitals after Mission. Yet their close proximity to Asheville makes it easy, too easy, for patients to defect — and thus have the most to lose should Mission launch an all-out affront.

While MedWest’s official position is against the bill, individual doctors in Haywood County are supporting it.

Three former chiefs of staff of MedWest-Haywood have gone on record supporting the legislation and accusing Mission of predatory practices. They wrote to the state as part of the public comment period on the COPA.

“Taking patients from the local hospital and medical community undermines the strong rural hospital system we are trying to build,” Dr. Shannon Hunter, an ear, nose and throat specialist in Haywood, wrote.

Dr. Al Mina, a general surgeon in Haywood County, believes Mission’s “aggressive expansion” into surrounding counties should be halted while the issue is studied.

“I have seen them duplicate services here in an attempt to weaken the local hospitals and siphon care that can very easily be performed here to Asheville,” Mina wrote.

Dr. Charles Thomas, an oncologist with 21st Century Oncology in Haywood County, has been at war with Mission hospital for more than 15 years.

Mission has attempted to block 21st Century Oncology from opening new cancer treatment centers in the region, from Franklin to Murphy to Marion. Mission challenged state permits for the competing cancer services and filed lawsuits to the same end.

“Throughout these many battles Mission’s ‘mission’ was to prevent competition,” Thomas wrote in his public comments to the state. “Mission will continue to do everything in its power to dictate healthcare delivery in Western North Carolina – even if it means cancer patients have to travel hours to receive necessary care.”

Recruiting doctors

In an effort to temper Mission’s dominance in the region, Davis’ bill aims to cap the number of doctors on Mission’s payroll.

Mission can’t employ more than 20 percent of the doctors in Buncombe County under its current anti-trust regulations. It is approaching that cap now.

Mission asked the state to increase the limit, which may have backfired by opening the door to the current debate. Davis’ bill would immediately stop Mission from employing more doctors during a study period, and would cap the number of doctors Mission can employ to 10 percent for the 18-county region. (The 20 percent cap now applies only to Buncombe.)

It’s not surprising that Mission wants to employ more doctors. It’s a national trend, driven by today’s generation of doctors who find the hassle of running their own office — the stress of being an entrepreneur on top of practicing medicine — isn’t worth the freedom.

It’s also financially attractive. Doctors are increasingly being squeezed by rising overhead and lower reimbursements from Medicare and Medicaid patients. As a result, doctors are gravitating toward a new model of being employed directly by hospitals. The hospitals keep the revenue generated from the patients, while providing a steady salary to the doctors.

But allowing Mission to employ more and more doctors will give them a lock on health care, Davis said.

“Where do you think the physicians are going to refer their patients if they are employed by Mission?” Davis said.

If Angel Medical in Franklin merges with Mission, Davis questioned whether doctors would start referring patients to Mission instead of the much closer hospital in Sylva.

But Mulholland in Waynesville said he does not steer them toward Asheville over Haywood.

“I let them decide where they want to go,” Mulholland said.

“I have no reason to stop using the local specialists. I still talk to and use our local physicians and trust them.”

Mission employs 150 physicians out of 700 who have privileges to treat patients at the hospital. Other hospitals employ a greater percentage of their doctors than Mission does. Angel employs 15 of the 40 doctors on its active staff while MedWest employs 75 doctors out of 230 — both more than one-third.

The majority employed by Mission are specialists. If they had to operate as a private practice, they wouldn’t be here, Moore said.

“There isn’t the volume of work here, for them to maintain their own practice would be financially very difficult,” Moore said.

Specialists employed by the hospital include several children’s specialists, like pediatric cancer and surgery.

“Without those specialists here these families and their children would be driving anywhere from two to four to six hours to get care,” Moore said.

Rural hospitals that have affiliated with Mission in recent years were partly drawn by having a heavy-weight in their corner to help recruit doctors.

Once affiliated with Mission, Angel Medical may be able to attract doctors to Franklin that it couldn’t on its own.

“We have the resources to pay the competitive salaries,” Moore said.

Mission is better equipped to help set up their offices, to buy them the equipment and technology they need, and offer them a larger network of doctors to be a part of, Moore said.

However, Davis has heard that some physicians felt forced to give up their private practices and become employees Mission. State regulators who crafted Mission’s anti-trust regulations obviously thought a cap was necessary, but didn’t foresee 15 years ago that it would be necessary beyond Asheville’s borders.

“There is a reason that was there: to protect physicians’ practices and to protect patients,” Davis said.

But according to Dr. Peter Goodfield with Asheville Cardiology Associates, tightening the cap for Mission when the national trend is moving the opposite direction is ridiculous.

“There are going to be virtually no physicians remaining in private practice. None of us can survive,” Goodfield wrote in public comments submitted to the state.

Mission monopoly?

Mission has already folded three smaller hospitals into its umbrella — those in Marion, Spruce Pine and Brevard. The hospital in Franklin is headed that way.

Mission is also close to a deal to build a $45 million outpatient center in conjunction with Pardee Hospital in Henderson County, seen as a threat to Park Ridge, which is also based in Henderson County.

Mission is not taking advantage of its dominance when it comes to pricing, Moore said. Its is the third lowest hospital in the state for costs, even though Mission has the highest percentage of patients in the state on Medicare and Medicaid — nearly 70 percent — who pay less than other patients.

While Davis talks about Mission’s unfair advantage, Moore said the bill actually stacks the deck against Mission.

Mission’s neighbors include Park Ridge in Hendersonville, run by Adventist Health System, with hospitals in 12 states, and Carolinas Health System in Haywood County, which has 29 hospitals under its umbrella.

“And they are claiming that we are a monopoly?” Moore said. “We don’t mind competing on cost and quality. We just want there to be a level playing field.”

Angel is a stand alone hospital, an increasingly rare status for small hospitals. It can’t continue that way indefinitely and has brokered a deal to merge with Mission in coming months. The bill would delay or even derail it.

Angel might then have to turn to MedWest for a partnership, which already has hospitals in Haywood, Jackson and Swain.

“That’s a de facto monopoly right there,” said Dr. Chuck Trentham, an anesthesiologist at Angel.

But given its market share of only 60 percent in Haywood and 57 percent in Jackson, it doesn’t come close to the definition of a monopoly, MedWest CEO Mike Poore said.

“The contrast to that is Mission’s market share in Buncombe and Madison is north of 94 percent,” Poore said.

What is COPA?

While a bill circulates in Raleigh to limit the dominance of Mission Health System, a state regulatory process is already under way to examine just that issue, independent from the legislation.

Mission is governed by anti-trust regulations dating to its merger with St. Joseph’s 15 years ago. The regulations are up for review, prompting a flurry of debate in the medical community about whether Mission’s ambitions should be curbed or it should be given the freedom it needs to serve as the region’s healthcare leader.

The players

Mission Health System: Memorial Mission merged with St. Joseph’s hospital 15 years ago to form a single, large hospital serving the Asheville area. It has three smaller hospitals under its wing, with plans to add a fourth.

Park Ridge Hospital: Based in Hendersonville and perhaps Mission’s fiercest competitor, Park Ridge is part of Adventist Health System with 43 hospitals in 12 states.

MedWest-Haywood, MedWest-Harris, MedWest-Swain: The hospitals in Haywood, Jackson and Swain counties recently united forming the new entity MedWest and adopting new names in the process. They are 18 months in to a three-year management contract with Carolinas HealthCare System.

Carolinas HealthCare System: As the state’s largest hospital network, the Charlotte-based system has 33 hospitals under its umbrella.

Angel Medical Center: A small standalone hospital in Franklin, Macon County. Angel plan to affiliate with Mission.

Despite years of negative publicity surrounding the contamination of soil at Barber’s Orchard, the actual health risk posed by the soil is miniscule, according to the Environmental Protection Agency. The only health hazard comes from eating the soil, not just once or twice accidentally, but on a regular basis for 30 years.

“It’s 30 years of eating two grams of dirt per day,” said Jon Bornholm with the Environmental Protection Agency. “Kids were the main concerns because they are the ones more likely to eat some dirt.”

Consuming Barber’s Orchard dirt at that rate would increase the risk of getting cancer by one in 10,000, or by .01 percent.

According to the American Cancer Society, more than 30 percent of adults will get cancer. Eating dirt daily from Barber’s Orchard for 30 years would bump a person up from a 30 percent to a 30.01 percent chance of getting cancer.

There is no risk from touching the dirt, inhaling the dirt, eating vegetables grown in the dirt or eating livestock that grazed on the site — but only from direct and repeated digestion.

Monkeys to the rescue

Pollution in the soil varies from higher concentrations to none at all. Figuring out how much was too much was not easy. Could soil with only the slightest trace amounts be left where it is, or did it all have to go?

To answer that question researchers bagged up soil from Barber’s Orchard and sent it off to a lab where it was fed to monkeys. The monkeys were then studied to determine how much arsenic from the soil was actually absorbed into their blood stream. Pigs were also fed doses of the Barber’s Orchard soil.

The study equaled good news for taxpayers’ wallets. It turned out the absorption of arsenic from eating the soil was less than originally thought. The threshold for acceptable arsenic level was lowered from 40 parts per million to 80 parts per million.

That in turn downwardly revised how much soil had to be removed, from 117 acres to only 88 acres. And the price tag on the project fell from an estimated $24 million to $15 million.

Residents of Barber’s Orchard will safely be able to eat the dirt on their lots after a $15 million federal cleanup of the subdivision.

Trace levels of arsenic in the soil date to its former days as an apple orchard, when underground pipes leached arsenic-laced pesticide, landing it on the Environmental Protection Agency’s Superfund list.

Given the cleanup cost, it might have been cheaper to condemn the contaminated land and pay the owners for it, but that’s not what EPA does.

“That was my first thought too. The law does not allow us to do that in this case. If there is a risk the law requires us to clean it up as best as we can,” said Jon Bornholm, an EPA Superfund project manager out of Atlanta.

State taxpayers are on the hook for 10 percent of the clean-up cost. The state signed a contract pledging its commitment back in 2005.

While it is a dramatically different economic — and political — landscape today, the state can’t go back on the commitment, according to Nile Testerman, a state environmental engineer who serves as a liaison to the EPA on Superfund projects.

“They have already allocated the money for this clean up,” said Testerman.

When contaminates were discovered in 1999, the EPA tested the soil and water on all the lots where people were living. Of the 90 homes in the subdivision at the time, about 25 required immediate soil removal.

“We only cleaned up the manicured portion of contaminated yards. If somebody owned five acres, but only half an acre of that was a yard with a lawn, that half acre is the only part that was cleaned up,” said Bornholm.

The cost during the first phase was $5 million, plus another $2.3 million to run a water line to service homeowners who could not safely drink from their wells.

Ensuing soil tests of the entire subdivision showed that 45 percent of the remaining acreage is contaminated. The costly cleanup requires digging up and hauling off the top foot of soil from 88 acres.

The work is supposed to be done in September, but contractors have been working six months already and only removed 25,000 cubic yards — there’s another 90,000 to go. Bornholm seemed skeptical they would finish by September but said the contractors claim it will get faster as they go.

The work is being performed under a no-bid contract by ERS, Emergency Rapid Response. Instead of awarding the job to the lowest bidder, EPA is being billed hourly for the labor and equipment used on the job by ERS, a pre-approved contractor for Superfund sites.

“In a project like this there are too many unknowns,” Bornholm said. “The agency felt this was the cheapest approach versus going out for bid.”

The contractor, based in St. Louis, has about 40 workers on site. Bringing in clean soil accounts for about $3 million of the total project cost. That portion of the job was bid out, going to Caroline-A-Contracting run by Burton Edwards of Maggie Valley.

Where to put all that dirt?

Trucking away and disposing of the old dirt will account for about a third of the project’s cost.

The soil must be dumped in a lined landfill, but it’s a lot of dirt, and would make a pretty big dent in most landfills. In Haywood County, where taxpayers recently ponied up $4.5 million for a landfill expansion, there wasn’t the space to spare. Buncombe County’s landfill turned it away as well.

“Haywood County does not have the space and Buncombe simply does not want it,” Bornholm said.

The EPA initially found a willing taker at a landfill in South Carolina. That option was dropped in favor of a landfill in Athens, Tenn. Trucking costs, plus landfill fees for every ton, would still be exorbitant, however.

A cheaper — and closer to home — option may be on the horizon. Evergreen paper mill in Canton owns a private landfill for its industrial waste, and has recently filled up one of its cells. It needs dirt, lots of it, to cap it off, and Barbers Orchard certainly has some to spare. It could well be a match made in heaven.

The mill and EPA are still in negotiations over a soil deal. The mill must also get permission from the state Department of Environment and Natural Resources to use the soil for landfill cover.

With contractors stuck in holding pattern over the dirt’s ultimate resting point, they’ve had to construct a second lined holding area to stock pile it.

Federal contractors performing a $15 million cleanup of Barber’s Orchard have violated state erosion laws, failing to keep the arsenic-tainted soil from eroding and washing away, according to state environmental inspectors.

The massive operation calls for digging up the top foot of soil from 88 acres, trucking it off and hauling in clean dirt to replace it.

“It’s been something to watch them trying to keep this from washing away,” said Carolyn Large, a homeowner in the Haywood County subdivision, whose view now includes a barren hillside of dirt rutted with gulleys from the rain.

See also: Uphill battle to purge Barber’s Orchard of dirty soil

Trace levels of arsenic in the soil date back to its days as an apple orchard, when pesticides leached into the soil from a system of underground pipes. The Environmental Protection Agency designated it a Superfund site more than a decade ago and is overseeing the cleanup.

“The whole effort is to remediate the site and we don’t want to do more damage by remediating it than it we had left in place,” said Landon Davis, a state groundwater specialist based in Asheville.

A massive team of state inspectors descended on the site last month: officials from both Asheville and Raleigh across three separate branches of the N.C. Department of Environment and Natural Resources.

See also: Is it worth it?

The team of inspectors found sediment had washed into nearby creeks, onto neighbors’ property and even down one woman’s well.

“I’m surprised they don’t have better control of that,” said Tom Beaty, another homeowner in Barber’s Orchard. “With the steepness of the slopes, I don’t know how they are going to do it.”

The contractors fell down in two areas: they not only had an inadequate plan to deal with sediment from the get go, but over-extended themselves by laying bare too much of the mountainside at one time, according to the state environmental agencies.

“Our concerns are that the site did lose sediment to the stream, and it did not appear there were adequate measures in place to prevent that from happening in future rain events,” said Roger Edwards, water quality specialist with the N.C. Division of Water Quality.

The EPA contractor erred by relying solely on rows of fabric silt fences and straw bales, which is hardly adequate when faced with acres and acres of a stripped mountainside, said Gray Hauser, a sediment specialist with the N.C. Division of Land Quality.

The standard practice in mountainous terrain is sediment basins, which act like a retaining pond to catch sediment-laden rainwater running off the site.

The cleanup has three main steps: slash down the trees, dig up the contaminated soil, and bring in new soil.

The contractor moved too rapidly across the mountain, slashing new areas for excavation before old ones were covered back up, according to inspectors.

“Obviously they need to get what they got opened up under control,” Hauser said.

A drive through Barber’s Orchard reveals giant swaths of the mountainside that are slashed and partially excavated, then left exposed. Contractors have more than 45 acres in some stage of active excavation. Only 10 to 15 acres have been finished and covered back up with clean dirt.

“I think what happened is they went too quickly on the work that was being done,” said Nile Testerman, a state environmental engineer who serves as a liaison to the EPA on Superfund projects. “Now they have stepped back.”

Jon Bornholm, the EPA project manager for the site, was a little more forgiving on the subject.

“I think they are feeling that out right now,” Bornholm said when asked about the contractor’s zeal for opening up new areas. As for tempering that zeal?

“They have come to that decision on their own. They are not excavating anymore until they get caught up,” Bornholm said.

State inspectors say they told the contractor as much.

“That was our suggestion, that they stabilize existing areas and not open up more than they can get stabilized and protected,” Edwards said.

The project will cost more if done piecemeal, with smaller sections at a time being worked on, however.

“One issue is the cost of the efficiency of the excavation and backfill. If you do small parcels at a time, the cost will go up,” said Will Smith, the onsite EPA field rep.

The site poses sediment challenges to say the least. The very nature of the job — stripping the top soil from a vast expanse of a steep mountainside — is an erosion nightmare.

“We have lots of exposed areas so when there’s heavy rain, we have lots of erosion,” Bornholm said. “We know there is going to be erosion. It is keeping it contained.”

In one area, contractors hit the groundwater table during excavation, opening up hidden springs.

“They had a steady flow of water over raw earth. It was pushing a lot of sediment off site,” Hauser said.

That was in addition to some major rains in April, one that brought an inch and a half of rain in a day.

Unchecked erosion from Barber’s Orchard heads downhill into Richland Creek, which then runs through the heart of Waynesville.

“If you have that long enough you will have deposition of sediment in that creek and that’s not good for habitat. Even if it is clean soil. But worse yet is runoff from Orchard soil, that is a big concern,” said Landon Davis, a groundwater specialist with the state Aquifer Protection agency.

Smith said none of the contaminated soil has washed away. He said erosion was limited to areas already covered over with clean dirt.

However, Hauser said sediment has washed off all portions of the project — including areas where contaminated soil was actively being excavated.

Who has authority?

State inspectors weren’t sure at first how much authority they had.

“I spent a good bit of time trying to research what our options are,” Hauser said.

“This is unique situation,” Edwards said.

As a federal Superfund site, the project is exempt from filing a sediment and erosion control plan with either the county or state. It isn’t exempt from state erosion laws, however.

“We don’t have to get the permits, but we have to meet the substantive requirements, which means control the runoff as best as you can,” Bornholm said.

State law dictates that no soil is supposed to leave the site.

Without a plan, sediment officers don’t know until after it is too late whether a site may be destined for erosion problems. The beauty of crafting a sediment plan is feedback from state inspectors.

“One of the main standards of the sediment and erosion control program is to develop a plan before you start and follow the plan,” said Hauser. “The Superfund activities don’t have to have a plan and that makes it very difficult.”

EPA’s Bornholm countered that the contractor did write a sediment and erosion control plan before they started. However, it was only a rough outline of their intention to use straw bales and silt fences. There were no maps showing the streams or the land’s contour, no diagrams of where erosion safeguards should go, and no calculations of how many it would take.

The state also never got a chance to see the contractor’s outline before work started.

“We never approve a sediment and erosion control plan in the state of North Carolina that uses straw bales as their primary means of control,” Hauser said.

The plan would not have met Haywood County’s criteria either, according to Marc Pruett, the Haywood County erosion enforcement officer.

Some Superfund projects get sediment and erosion permits even though they don’t have to, Testerman said. The reason not to — and why sites are exempt in the first place — is usually one of timing, Testerman said.

“When we get ready to clean up these sites, we don’t want the administrative process to hold up the work,” Testerman said.

In this case, time wasn’t exactly of essence, as it might be with a highway chemical spill.

Going forward, Hauser has called on the contractor to do proper sediment plans for each area.

“They were going to develop little plans in-house on each section before they open it up rather than it being an ad hoc process,” Hauser said.

Meanwhile, the Division of Water Quality has asked the EPA contractor to bring in an environmental consultant to delineate the streams, assess negative impacts and come up with a plan to restore them, but that is secondary to stemming the tide of sediment loss from the slopes.

“There is no point in cleaning up the streams until the site is stabilized,” Edwards said.

The contractor was also asked to change its approach for establishing ground covering, by placing netting over seeded areas to keep the seed from washing away until it can get established.

State erosion inspectors still have authority to inspect the site and issue violations and fines. At this stage, no one has issued a formal violation, although Hauser said if it was any other contractor they would have.

“I think they will follow our suggestions. I do believe the contractors are willing to follow our recommendations,” Edwards said.

One orchard’s journey from cutting edge to Superfund

While today people might curse the pollution it caused, the underground pesticide system at Barber’s Orchard was on the cutting edge of agriculture for its time.

A network of underground pipes carried pesticides through the orchard to a series of above ground nozzles. The pressurized system was easily activated, requiring little labor to spray the hillsides of apple trees.

The system was revolutionary. There was only one other system like it, at the Francis Farm apple orchard, also in Haywood County.

“Both of these men were icons of local agriculture,” said Landon Davis, a groundwater specialist with the N.C. Department of Environment and Natural Resources in Raleigh.

The downside is that the underground pipes leaked. Barber’s Orchard had a long run — from 1908 to 1988. In its early years, arsenic was an acceptable pesticide used against the codling moth, a major enemy of apple farmers. But the codling moth eventually developed a resistance to arsenic pesticides, requiring more and more of it to get the job done.

In the 1940s, arsenic was replaced with the equally bad DDT — which is now banned as well.

The orchard posed a perfect storm: heavy and prolonged pesticide use of both arsenic and DDT being delivered by pressurized underground pipes that leaked, Davis said.

“This is the only site like this in the country,” Davis said.

A formerly notorious bar will reopen in Maggie Valley despite bombastic protests from the owner of Wheels Through Time Museum, who fears it will attract the same seedy crowd and societal ills as the past establishment.

Dale Walksler commanded a freewheeling four-hour town meeting this week marked by sparring and insults, often evoking gasps and murmurs from the audience. It was far from the typically tame public hearing where a round robin of speakers takes short and civil turns at the microphone.

Instead, the hearing was akin to a television courtroom drama. Speakers could endlessly cross-examine each other with no time limits and little restraint on appropriate subject matter.

At issue was whether the town board would grant a permit to Robert Leatherwood to reopen the old Spring House bar. Walksler made a vigorous appeal to town leaders to deny the permit. He said that under past ownership, bar patrons spilled over onto his museum property, littering his parking lot with used condoms and drug needles. Walksler suspects the same crowds will return.

During his cross examination, the short and spry Walksler hovered inches away from the podium where the comparatively large Leatherwood stood. Leatherwood occasionally leaned into the podium in response to Walksler’s heated antics, bringing the two mere feet apart at times.

“Don’t push me,” Leatherwood told Walksler once.

Walksler routinely cut Leatherwood off if he didn’t like what he was saying, waving his hand to silence Leatherwood while tossing out statements ranging from “I’ve heard enough” or “Yeah, whatever,” or “I’ve made my point.”

One heated exchange followed a complaint by Walksler that riff-raff from the bar took up nightly residence in his parking lot. Both Walksler and his son live on museum property, and say they were often kept up all night by illegal partying that migrated onto their property from next door.

“Do you know where the closest residence is to your establishment?” Walksler asked.

“I have no idea Mr. Walksler. Why don’t you advise me on that,” Leatherwood said.

“We’ll talk later,” Walkser said, wheeling away from the podium.

“Anytime pal,” said Leatherwood.

Leatherwood then offered Walksler a free lifetime membership to the nightclub, and welcomed Walksler to come pass out coupons to his museum to bar patrons.

When aldermen or the town’s attorney tried to rein Walksler in, he wouldn’t hear of it.

“I don’t like to be interrupted,” Walkser barked at Mayor Roger McElroy at one point.

During one of Walksler’s cross-examinations, town attorney Chuck Dickson told him to stick to questioning the witness and save his own viewpoints for his own testimony.

“I think this is the appropriate time,” Walksler said and continued doing what he was doing.

Alderman Danya Vanhook, an ex-judge, ended up being the de facto handler of Walksler when he got out of line. Stepping back into her judge’s shoes, she objected when he delved into hearsay, and made him rephrase what she dubbed “compound questions.” She frequently called Walksler out of order for badgering witnesses.

“No arguing with each other. You have to let him answer the question,” Vanhook told Walksler. She even intervened when he mischaracterized the testimony of other witnesses.

Walksler said he feared the bar would lower the property values of his museum, which has a value of $20 million. Walksler’s museum is indeed world-class. It is internationally renowned for its unrivalled collection of historic bikes and memorabilia. Its iconic status is a fact he reminded the audience of often.

“I am a very successful person who has made an accomplishment in this town that none of you people could even dream of,” Walksler told the room.

Walksler belittled Leatherwood for striving to open such a bar.

“We all have to have goals I guess. I know I did when I was a kid and I pretty much achieved my goal, which is to open the coolest place in the world,” Walksler said.

Walksler often uses his museum as a platform to bash the rest of the town to visiting patrons. Shirley Pinto, who waits tables at Joey’s Pancake House, called him on this during the hearing. She said customers at the restaurant would divulge what Walksler had said about the rest of town while they were visiting the museum.

Jim Davis, a Maggie resident who came to the meeting to see the show, recounted a similar experience in the hallway after the meeting. A year ago, he took an out-of-town guest to the museum and they got an earful from Walksler, who ranted about town politics and criticized its people.

“As a person who just paid a ticket and walked in the door, he laid it all out,” said Davis.

Walksler has threatened to leave town with his museum if the town board granted the bar its permit, and questioned whether the town could afford to sacrifice its last standing tourist attraction with so many others now shuttered.

It won’t be the first time he has threatened to leave. He has vocally announced his intentions to pull out of the town on and off for a few years, but each time decided to stay.

Nonetheless, it is enough to strike fear into the hearts of motel owners who have little else besides motorcycle traffic driving business.

“A lot of people come see his museum,” Gabi Edwards, owner of a Holiday Motel, said in an interview. “It is very important, very important. Everybody comes away impressed not only with the museum but with Dale. I can’t imagine what else are we going to lose.”

Brenda O’Keefe, a longtime Maggie business owner, told Walksler his message would be more effective if he didn’t insult and attack people along the way. For example, when Walkser was questioning traffic flow in the bar’s parking lot, he said the design drawn by a local surveyor looks like it was done by three-year-old.

“I understand my personality flaw,” Walksler responded. “People have said before, ‘Oh Dale is his own worst enemy.’ I am not buying that.”

The real issue

While upstaged by the dueling personalities of Walksler and Leatherwood, the real issue was whether town leaders would endorse a bar that might devolve into a public nuisance.

Walksler said the bar has been “drug and alcohol” infested for two decades and called it a “total violation that everything that we as Americans believe in.”  Police responded to calls at the Spring House 300 times over an eight-year period, he said, introducing the police reports as evidence.

Walksler held up photos of the sign still posted on the door of the bar from its last owner.

“No drugs, no pushers, no paraphernalia. No muscle shirts or wife beater shirts worn at any time. No biker gangs or colors to be worn. No knives, no guns, no brass knuckles,” Walksler read. “This is not the clientele we need in this town. This is not the establishment we need in this town.”

Walksler said the town’s reputation will be harmed at a time it can little afford to lose any more tourism business.

“As we know this town has 68 empty businesses between Dellwood and the hill. It’s not the gas and it is not the economy. It is decision making in this city hall that is substandard and has made this the town of broken dreams.”

Leatherwood said he would take measures to ensure the safety of bar patrons and neighbors. The bar will have metal detectors at the entrance, closed-circuit night vision cameras both inside and out, and hire off-duty cops to work the door.

“You are not going to have to fight your way in and fight your way out like it used to be,” Leatherwood said.

The metal detectors and bouncers didn’t appease Walksler. Instead, he took it as proof positive that the joint would cater to the underworld. Leatherwood said it was just a precaution, however.

“When people get drunk sometimes they get rowdy, sometimes they don’t. Men or ladies, they can both get rowdy,” Leatherwood said.

The Spring House changed hands several years ago, sold by longtime owner Ivy Suggs and converted into Big Michael’s, and then Little Rick’s. They lasted only a short time before the new owners lost the bar in a bank foreclosure. The building is now owned by Blue Ridge Savings Bank, which is leasing it to Leatherwood.

Leatherwood will name the bar Stingrays. It will technically be a private club requiring membership. By doing so, Leatherwood avoids a state law that requires establishments serving alcohol to also serve food.

Leatherwood previously had a long-haul trucking company, but it went bankrupt.

Additional evidence has surfaced indicating Swain County social workers failed to act on reports of alleged abuse and neglect of a Cherokee baby who later died.

Court papers reveal that Swain County social workers had reports of physical abuse of Aubrey Kina-Marie Littlejohn by her caregiver, Ladybird Powell, months before she died in January.

The papers were filed by the Jackson County Department of Social Services in a custody case involving another child in Powell’s care.

Powell’s treatment of Aubrey and her still unexplained death weighed heavily in a petition filed by Jackson DSS to have an 8-year-old boy removed from Powell’s custody.

Although Powell lives in Cherokee, the tribe does not have its own agency to handle child abuse and neglect cases. Instead, the child welfare divisions of Jackson and Swain DSS manage cases on tribal land. Previously, Powell lived on the Swain County side of the reservation, so the case fell to Swain DSS.

But Powell has moved, as has the 8-year-old boy, who now lives on the Jackson County side of the reservation, giving Jackson DSS jurisdiction.

The petition filed by Jackson County DSS reveals the following:

• Swain DSS initiated an investigation into suspected child abuse and neglect involving Aubrey in November 2010. (This was the second such investigation in three months. Until now, however, only the first had been made public.)

• The report of abuse made to Swain DSS in November claimed that Powell “smacked Aubrey in the mouth when she cried and jerked Aubrey around,” and “knocked Aubrey off a bed intentionally.”

• Swain County social workers visited Powell’s home three days after the report came in. They had Powell sign a statement saying, “Ladybird will not physically punish Aubrey.” Aubrey was 13 months old at the time.

The first investigation of abuse and neglect by Swain DSS was in September. In that case, Powell claimed bruises on Aubrey were the result of a fall down the stairs.

A DSS worker deemed the report of abuse “unsubstantiated” after one visit to the home. While he told Powell to take Aubrey to the doctor and have her injuries examined, he never followed up to see what the doctor found — or whether the doctor’s visit even took place. He later fabricated a report claiming Aubrey had been seen by a doctor when in fact she never had, according to law enforcement records.

Swain County DSS is under investigation by the State Bureau of Investigation for an alleged cover-up. An interim director has been brought in, and three DSS board members have been replaced.

Ruth McCoy, one of Aubrey’s great-aunts, said there were other complaints from relatives ignored by Swain DSS — one of which she observed firsthand.

In November, McCoy heard from a relative that DSS had shown up at Powell’s trailer to take away a 10-year-old boy who was living there at the time. McCoy drove over to the trailer and implored the DSS workers to remove Aubrey as well. There was no heat in the trailer, and it was obvious to the social workers, McCoy said.

“The social workers were sitting there on the couch with their hands clasped between their legs to keep warm,” McCoy said.

One of them was Swain DSS Program Manager T.L. Jones, second in command at the agency. Jones even went out to his vehicle to get a jacket, McCoy said. Meanwhile, Aubrey was dressed in a jacket and toboggan inside the trailer. McCoy asked if Jones was going to take Aubrey, too.

“I said ‘What about her?’ and he said, ‘That’s another case.’ They were removing a 10-year-old and there was no heat but they didn’t take her,” McCoy said.

The night of Jan. 10 when Aubrey died, emergency room doctors at Cherokee Indian Hospital recorded her core body temperature as only 84 degrees, according to law enforcement records.

The reason for removing the 10-year-old was documented as drug and/or alcohol use by the caregiver, according to a Swain DSS report. The caregiver listed on the report was the boy’s biological mother, Mel Toinetta, who was living at the trailer with Powell.

The 10-year-old was placed in the care of McCoy.

Autopsy still pending

Doctors at Cherokee Indian Hospital the night Aubrey died suspected drugs may have been in the baby’s system and contributed to her death, according to the Jackson DSS petition.

No charges have been filed against Powell in connection with Aubrey’s death. An autopsy report, including a toxicology report, is still pending. The autopsy and toxicology report have been completed, but have not yet been reviewed and cleared for public release. The Smoky Mountain News has filed a request to receive a copy of the report when it is made public.

It appears Swain DSS was waiting for the results — which should clarify a cause of death — before deciding what to do about Powell’s custody of the 8-year-old boy.

The day after Aubrey’s death, a Swain DSS worker visited Powell’s trailer to check on the boy. Powell had legal custody of the child since he was 2. Recently, he had been living with Powell on and off, but seemed to be spending more time lately at the home of Powell’s ex-husband.

That must have seemed preferable to the case worker, as she wrote in her report that the boy should live with Powell’s ex-husband rather than Powell “until notified by DSS.” But that was crossed out and replaced with “until the toxicology report is in.”

Powell made derogatory and threatening comments to Swain social workers over the pending toxicology report, including that she would make them “eat the results when they come back negative,” according to the court petition.

The boy’s school expressed concern over the informal arrangement that placed the boy with Powell’s ex-husband. Since Powell still had legal custody, the school had nothing on file to prevent her from picking the boy up.

Jackson DSS apparently does not approve either, deeming the temporary placement with Powell’s ex-husband an inappropriate child-care arrangement, according to the petition filed by Jackson DSS alleging neglect of the boy.

The petition states that the boy “lives in an environment injurious to the juvenile’s welfare.”

Richland Creek is now teaming with new inhabitants raised by Haywood County students in classroom fish tanks.

After feeding and caring for the fish all year, the students set them free last week as part of an effort to restore native species to the creek that courses through Waynesville.

During the streamside field day, students explored water quality, performing many of the same tests on creek water they had on the aquariums in the class, such as measuring the pH and the temperature.

“The best way for kids to learn about the environment and ecology of streams is to actually get in the water,” said Bill Eaker, a board member with Haywood Waterways Association, which has worked on the project. “They remember a lot more from hands-on activities than sitting in the classroom.”

Biologists with the N.C. Division of Water Quality used nets to dredge aquatic critters from the creek and lay them out for inspection.

“What lives in the stream is an indication of how clean the water is,” Eaker said as the students sifted through rocks and sticks for a crayfish.

As part of their experiments, the students pulled up buckets of creek water to observe how much sediment was in the stream.

“What does the water run through on its way to the creek?” Mark Ethridge, a science teacher at Tuscola, posed to the students. “The ground.”

While it might seem obvious, Ethridge was working up to an “ah-hah” moment, one that would help students realize how a watershed works.

“You see those mountains over there?” Ethridge asked, pointing to the ridges that ring Waynesville. “When it rains on those mountains it all washes down and ends up right here.”

Ethridge explained how rare it is that in Haywood County all the water that flows through the county originate here, making it one of the few places that has complete control its own destiny when it comes to water quality.

To support clean water and water quality education in Haywood County, become a member or donate to Haywood Waterways Association. www.haywoodwaterways.org

Ghost Town in the Sky has no hope of pulling itself out of bankruptcy, according to a federal bankruptcy administrator.

The court will decide this week whether to let the amusement park continue to languish in bankruptcy, where it has been stuck for two years now, or simply dismiss the case.

When a company is in Chapter 11 bankruptcy, it buys time from debt collectors while it attempts to get back on its feet. A company is not allowed to remain under bankruptcy protection indefinitely, however.

It must reorganize and present a viable plan for how it plans to pay off debt and continue operating. Or, it is forced into a liquidation, known as Chapter 7, where the assets of the company are sold off by the court and the money used to pay off the debts.

In this case, however, the bankruptcy administrator has recommended simply dismissing the case.

“The debtor has been totally inactive since June 2010 and there appears to be no chance of reorganization,” Linda W. Simpson United States Bankruptcy Administrator, wrote in court filings.

Two bankruptcy court hearings — one on reorganization and one on liquidation — have been on the docket for a year now. Each month, they have been continued.

Ghost Town has failed to file monthly reports as required by the bankruptcy court for the past year, nor has it paid quarterly bankruptcy court fees for the past 12 months. Meanwhile, Ghost Town’s bankruptcy attorney withdrew from the case in February after months of not being paid.

Once a tourism magnet in Maggie Valley, Ghost Town has been in bankruptcy limbo for two years now with debt topping $13 million. The park is also on the brink of foreclosure.

BB&T is owed $10.5 million dating back to the purchase of the park by new owners in 2007 and for subsequent repairs and upgrades.

The bank has initiated foreclosure against Ghost Town, and could auction off the property on the courthouse steps at any point in order to recoup what it is owed.

BB&T has held off on doing so at the urging of Ghost Town principals who want to save the park and have claimed for the past year that a financing deal is just around the corner.

The 288-acre mountain top property won’t fetch enough at auction to pay off all that BB&T is owed, which is likely why BB&T has stopped short of going through with foreclosure.

Meanwhile, the 200 small businesses collectively owed $2.5 million by Ghost Town — including dozens of local businesses left hanging after providing services or products — are out of luck. BB&T is first in line to get paid, and only if there is money left over after its $10.5 million is paid off does anyone else get money.

And that’s precisely why the bankruptcy court is poised to simply dismiss the case rather than go through the hassle of liquidating the company in a formal Chapter 7 proceeding.

“The liquidation value of the property is arguably less than what is owed the bank,” surmised David Gray, Ghost Town’s former bankruptcy attorney.

Windfall in back taxes

In the trail of bad debt left by Ghost Town, there is someone who has been paid. Haywood County recently got a $142,000 check to cover three years of back taxes on the 288-acre property. Maggie Valley got one for $110,000.

But it was BB&T — not Ghost Town — that paid the bill.

“We just know that we got it, and we are pleased with that,” said Tim Barth, Maggie Valley town manager, when asked why BB&T would have paid off Ghost Town’s back property taxes.

Whoever buys property at foreclosure inherits the unpaid property taxes. If the bank resumes title to the property, the bank bears the burden of paying the property taxes.

But BB&T hasn’t pulled the trigger on foreclosure yet — so why jump the gun and pay off those taxes before it has to?

BB&T is most likely looking out for number one. Since counties can foreclose on a property owner who has failed to pay their taxes, Haywood County could do an end-run around BB&T and foreclose on Ghost Town itself in order to get the tax money it’s owed.

The only thing keeping the county at bay for now is Ghost Town’s bankruptcy status: bankruptcy halts debt collectors in their tracks. But once Ghost Town gets the boot from bankruptcy court it will lose that protection.

By paying off the taxes, BB&T is buying time. It can continue to sit on the brink of foreclosure — continuing to give Ghost Town’s owners more time to pull off a financing deal — for as long as it wants. It remains first in line should money ever materialize without the threat of being displaced by a foreclosure from the county’s end.

In an interview with WLOS, Ghost Town General Manager and partner Steve Shiver alluded that Ghost Town may open in some capacity this year.

“We would like to have the park open for its 50th anniversary at some level. It may not be full scale. It’s just too early to tell,” Shiver said on television last month.

Following the broadcast, Shiver sent out a mass email to “clarify” the situation.

“Although we have no definitive information about our opening date for the 2011 season if any, we continue to make significant progress and are currently awaiting a decision by a third party regarding the disposition of the property. All indications are for a favorable resolution within the next month,” Shiver wrote in the email.

An angry crowd accused Haywood County commissioners this week of unfairly slapping some property owners with higher values while letting others off the hook in the recent countywide appraisal.

About 50 people turned out at the commissioners meeting Monday to complain that appraisers had botched up when assessing their properties. At best, they blamed commissioners for being complicit in an erroneous property revaluation — and at worst for being part of a conspiracy to target certain property owners with deliberately inflated values.

Commissioner Mark Swanger explained that commissioners don’t have a role in revaluation. Revaluation is conducted by appraisers, who examine the prevailing real estate market to arrive at new property values.

Since property values determine how much you pay in property taxes, the biggest fear from the audience was that their taxes would go up as a result of higher property values.

“There are people who don’t have extra money in their pocket to keep on donating to taxes,” said Horace Edwards of Cruso, who helped organize the turnout.

Generally real estate increases in value a little every year. But given the depressed market, many homes have stagnated in value and others have even gone down.

Yet half the property owners in the county saw an increase in value since the last countywide appraisal five years ago. And that’s what Jonnie Cure said she doesn’t understand. How could anyone’s have gone up?

“What has happened in Haywood County? I simply don’t get it. It is truly incredible,” Cure said.

Yvonne Mazet, who lives in a single-wide trailer, said she can hardly afford her taxes now, let alone now that her property values have gone up.

“I don’t feel my taxes should have gone up,” Mazet said. “I don’t think in this economic era we are using our heads very well. I think this is a very bad choice to re-evaluate our property.”

Commissioner Kirk Kirkpatrick said the purpose of a revaluation is not to force higher taxes on anyone.

“Our goal in this process is not to raise people’s taxes. It is to make sure the values are fair when we apply the tax rate,” Kirkpatrick said.

Edwards said it isn’t fair that more expensive homes have dropped in value, while lower or median priced ones increased. Edwards implored commissioners to use the weight of their office to “take some action and fix it.”

But the county is required to base values on comparable sales of similar property.

If expensive homes aren’t selling for as much as they used to, the county appraisers had no choice but to decrease the value of those homes to reflect selling prices the real world.

“We cannot choose to violate the law. That is not an option for us,” Swanger said.

Denny King questioned whether the appraisers accurately pegged market values, however.

“The real test for appraisals is if you put the property up for sale would they sell within a reasonable amount of time for the appraised value?” asked King, who ran for county commissioner as a Tea Party supporter last fall but lost.

Justin Hensley said he never saw an appraiser.

“No one came to our house. I don’t know how they came up with these numbers. You can’t fly over in an airplane and come up with this stuff. It is really unfair and it is totally unaccurate,” Hensley said.

Appraisers indeed visited each parcel, but they do not come inside and usually don’t get out of the car.

In Haywood County, it has been five years since the last revaluation. Counties are required to do one at least every eight. Some speakers questioned why the county didn’t wait another three years.

Jack Wadham said large numbers of people might refuse to pay their property taxes and sue the county over the revaluation. As long as the lawsuit was pending, they wouldn’t have to pay, he said, and the county would go broke waiting to collect taxes.

“That is not a threat. That is just telling you what could really happen,” Wadham said.

The crowd applauded after most of the speakers, occasionally offering up a standing ovation, but did not get unruly.

When public comment concluded, commissioners started to respond to the crowd’s concerns, but the audience got up and walked out, at first one by one, then en masse, in an obvious flout to the commissioners’ attempts to explain the revaluation.

Several in the audience told commissioners the revaluation would cost them their seats in the next election.

“It was kind of convenient that you did not do this on an election year,” said Cure. “I am sure you are hoping we forget you did it by 2012.”

Swanger repeatedly urged those who complained about their property values to appeal. The first step is to make an appointment with the county’s property appraisal office. The appraisers will share how they arrived at the property value, generally by citing the price fetched by similar property that was sold. The property owner can then explain why they believe the value is wrong.

David Francis, head of the county tax department, said the appeal process works. He shared an example from one property owner who has utility lines on their property that would hurt its selling price. The county appraiser agreed and adjusted the value accordingly.

“I know there is a lot of frustration out there. Give us a chance to sit down and explain it to you,” Francis said.

What is property revaluation?

In North Carolina, counties are required to conduct a mass appraisal of real estate at least every eight years. Property taxes are based on property values.

The reval is intended to level the playing field, bringing the county’s assessed value of a particular property in line with the true market value so everyone is paying a fair share come tax day.

In Haywood County, the total value of all property remained flat. If you add it all up — the value of every home, lot and tract of land — it amounts to $6.791 billion, an increase of less than one percent over last year’s total value of $6.787 billion. Roughly half the property owners saw their values go up, while half saw their values go down.

When property goes up across the board in a revaluation, the county typically lowers the tax rate to offset what would otherwise be an increase in property taxes. This time, since there was no net gain in the property tax base, the tax rate will likely remain about the same, and whether your individual taxes go up or down will likely depend on how your property values performed.

A county commissioner got financial aid from the Swain County Department of Services last year while his niece was serving as the DSS director, prompting the development of a new conflict of interest policy.

The new policy prohibits the DSS director from approving benefits for family members. At least three family members of DSS Director Tammy Cagle got financial payments from the agency — including her uncle, County Commissioner Steve Moon.

Cagle’s role in approving the benefits was questioned by the DSS board last October but they found no wrongdoing, according to board members.

“The board met and we reviewed each instance, and we found no illegalities concerning either state or federal policies. We reviewed it very carefully, but everything was above board,” said Bob Thomas, a former DSS board member. “It was maybe a question of judgment, but there was nothing illegal about anything that was done.”

Moon received financial assistance from DSS after his house burned down last year. Moon said he does not know whether Cagle personally signed off on the aid. His wife made the application, he said. Moon owns a tire store and his wife has a job with the school system.

Cagle was recently suspended with pay due to an unrelated investigation of the agency by the State Bureau of Investigation. DSS workers have been accused of a cover-up following the death of a Cherokee baby in an attempt hide potential negligence on their part.

Moon was the lone county commissioner who believed Cagle should remain in her post during the SBI investigation. County commissioners voted 4 to 1 to call on the DSS board to put Cagle on administrative leave after she was named in a search warrant. Moon did not recuse himself from the vote even though Cagle is his niece.

The names of Cagle’s other family members who received benefits, and the amount they received is not public record.

Cagle’s home phone number is not listed. Attempts to contact her through DSS’ attorney were unsuccessful.

Change in policy

Minutes of a DSS board meeting last October show the board discussed the issue in closed session, citing confidential personnel matters as the reason for closing the meeting.

Upon coming out of closed session, however, the board announced that Cagle had done nothing wrong. The board passed a resolution affirming support for Cagle.

“The Swain County DSS board fully supports the director in performing the duties as required by the county, state and federal guidelines,” the resolution stated.

Cagle then “expressed her appreciation of the board’s support,” according to the minutes of the meeting.

The following month, however, the board passed a conflict of interest policy that prohibits the director from approving assistance for family members or signing their benefit checks.

“At no time will the Director be involved with the decision making process of determining eligibility for any program,” the new policy states.

Family members of the director must apply through the same outlets as the public would — namely with the supervisor over the specific aid program they are applying for, whether its food stamps or one-time emergency rent assistance. In addition, the program manager, who serves as second in command for the agency, must approve the benefits and sign checks made out to the director’s family members.

The purpose of the policy was to prevent Cagle from being in a situation where she would have to explain or justify herself, according to Jim Gribble, a DSS board member at the time.

“We just wanted to remove any suspicion toward her for approving anything for her family,” Gribble said.

The conflict of interest policy was approved by the board in November and devised with input from a state DSS liaison.

Thomas said the same protocol should extend to any DSS worker.

“Anything involving any employee’s family needed to be served by someone other than a family member,” Thomas said.

Thomas and Gribble said the issue was first raised by the county manager or county commissioners, who expressed concerns about benefits being paid out to Cagle’s family members.

“There were a couple questions raised by commissioners as to whether assistance given was legal or not,” Thomas said.

Gribble said the questions were raised by the county manager.

While the DSS board cleared Cagle, it does not appear the DSS board independently verified whether the particular family members qualified for the benefits.

When asked if they were eligible, Gribble said “I assume so,” but added that, “The board doesn’t do eligibility.”

Since the specific benefits are not public record, it is not certain what aid program Moon tapped after his house burned down.

Moon said it was emergency assistance. However, he would not be eligible for that program according to the guidelines. Emergency assistance provides money “for families in short-term financial crisis due to unusual circumstances,” but the household must have a child under the age of 18 and be living below the poverty level, according to the eligibility guidelines.

An interim director is now at the helm of the Swain County Department of Social Services, bringing to the table an impressive resume with a focus on child welfare.

“That was real important to us,” said Georgianna Carson, a newly appointed DSS board member.

Jerry Smith served as a DSS director for 25 years in three different counties, including a year as president of the North Carolina Social Services Association. He also worked as the director of a children’s home after retiring from DSS and has written two books about foster homes and orphanages.

Smith’s background in child welfare is notable given the controversy surrounding the embattled agency. He is stepping in for former director Tammy Cagle, who was put on administrative leave with pay during an investigation into the death of a Cherokee baby. DSS failed to remove the baby from her caretaker and later conspired to cover up their own negligence, according to law enforcement records.

Four of the five DSS board members are new following resignations of former board members in the wake of the controversy.

Smith’s past experience as a DSS director is also critical. He knows the intricacies of the agency — with its maze of state and federal funding formulas and stacks of manuals that prescribe state and federal laws and policies.

“He is going to be a real asset for Swain County,” Carson said.

Smith was brought on board just two days after Cagle was put on leave. County leaders already had been in contact with the state Department of Health and Human Services to help identify a candidate to take over the agency.

The DSS board can’t say when, or if, Cagle might return to her post, or how long Smith will remain in place.

“He is going to be here as long as we need for him to be. I feel for sure it will be several months,” Carson said.

The agency is conducting its own internal investigation independently of the SBI, according to Justin Greene, the attorney for Swain DSS. That internal investigation will presumably determine whether any employees should be disciplined or terminated.

For now the county is having to pay Smith’s salary on top of Cagle’s, who is only on administrative leave. The county has a contract with an executive staffing firm for Smith’s services at the rate of $60 an hour, a portion of which the firm likely keeps as commission. That translates to an annual salary of $124,000.

As for the SBI investigation, no one knows when it will end.

“There is no way for us to speculate how long the investigation may take,” said Jennifer Canada, a spokesperson for the N.C. Department of Justice.  “Once it is complete, the SBI will turn over a report of its finding to the local district attorney for review. The DA will determine whether to file any charges.”

Carson said the death of the baby in January is a tragedy and needs a thorough and unbiased investigation, but it should not define DSS.

“Justice has got to be served, but at the same time we have got to mend fences,” Carson said. “I think people have gotten so focused on this one issue they have forgotten that this agency does so many things for the people of Swain County. We have so many good employees.”

Other DSS changes

Meanwhile, the chain of command for DSS Attorney Justin Greene will be altered. He will answer directly to the DSS board rather than the director. The SBI investigation and the turmoil leading up to Cagle’s suspension revealed the potential for conflicts of interest if Greene is under the director’s command.

The DSS board meets the last Monday of the month at 5:30 p.m. The old DSS board would only allow members of the public to speak if they requested to do so in writing two weeks prior to the meeting, and even then they could be turned down if their topic wasn’t considered fitting. While county commissioners and town boards are required by law to have public comment periods, appointed bodies like the DSS board are not.

Nonetheless, the new board has changed the policy and will allow anyone to speak up to five minutes.

“We know we are not elected officials, but at the same time we are there to serve the people of Swain County and we didn’t want to seem like we were being aloof or unable to be contacted if need be,” said Carson.

Who is Swain’s interim DSS director?

Jerry Smith has his masters in social work from UNC-Chapel Hill, considered among the best in the field nationally. From 1973 to 1997 he served as a DSS director in Washington and Wilson counties in North Carolina and Tazewell County in Virginia. He served as president of the N.C. Social Services Association in 1990. After retiring from DSS work, he was the director for two years at Holston Methodist Home for Children in Knoxville, Tenn., and has continued to provide services there as a trainer. He is the author of two books about foster homes and orphanages.

Despite its vibrant façade, downtown Waynesville hasn’t been immune to the economic recession.

So Richard Miller was surprised, to put it mildly, when he learned his downtown building doubled in value over the past five years — at least according to the county’s appraisers. Miller disagrees with their assessment.

The book value of Miller’s building on Main Street went from $431,000 to $800,000 in the recent countywide property revaluation.

Property values determine property taxes: the higher the value the higher the tax. And that’s what concerns Miller.

If his taxes go up, he’ll have to charge more in rent to cover the cost.

“Could the businesses stay in business if they had to pay that much more in rent?” Miller said. “I’m afraid one of my tenants would leave if I said rent goes up by that much a month.”

The Kitchen Shop and the Blue Owl art gallery occupy Miller’s building at the corner of Main and Church streets.

Most commercial leases automatically go up if property taxes go up, thanks to a clause built in to the lease for just this occasion. Merchants will then have little choice: either absorb the rent hike or pass it along in the form of higher prices to customers.

“The result? Fewer customers, fewer purchases, less profit, more overhead, and more and more doors closed,” said Jonnie Cure, a free market advocate and past downtown property owner. “Too many businesses come and go on Main Street in Waynesville as it is in this horrible economy.”

The steep increase witnessed by commercial property is the exception to the rule in the property revaluation. Residential homes and land largely went down, or at best increased slightly.

Canton saw significant hikes to commercial values as well: a 13 percent increase overall for the downtown district. If higher property taxes force up rent prices, it could break small businesses, said Charles Rathbone, owner of WNC Sign World in downtown Canton.

“The business owners here could not as a rule support that kind of increase,” said Rathbone. “They are struggling every day to keep the light bill paid.”

Rent is cheap in downtown Canton compared to Waynesville, but merchants are still operating in the margins, Rathbone said.

On average, property values in downtown Waynesville went up 28 percent, with the larger jumps seen on Main Street. Miller said Main Street has been singled out.

“Why is Main Street being punished for being successful?” Miller said.

Downtown Waynesville is a selling point for the whole county, said Buffy Phillips, director of the Downtown Waynesville Association.

“We are clearly doing something right,” Phillips said. “Realtors always say if they have a buyer who is on the fence, they drive them down Main Street to close the deal.”

It doesn’t seem fair that their success resulted in such large jumps in property values, which in turn will hurt the very merchants who are the life blood of downtown’s vibrant scene, Phillips said.

Main Street storefronts remain in high demand, however. Downtown Waynesville has only a handful of vacant storefronts, with only a couple on Main Street itself.

While downtown Canton has generally been flush with storefronts for lease in recent years, several have been snatched up lately. New downtown business that have just opened or are coming soon include a computer shop, an office for an outpatient physical therapy provider, an automotive shop and a new restaurant.

“It is beginning to fill,” Rathbone said.

What it means for taxes

In downtown Waynesville, higher property values carry a potential triple whammy: they not only determine county and town taxes, but also a special assessment to support the Downtown Waynesville Association, a self-promotion arm for downtown merchants.

Phillips said DWA will likely lower the tax rate in the Main Street district. That means that even though property values went up, the amount paid in taxes won’t go up by the same percentage.

At the county and town level, however, commercial property owners who saw their values go up shouldn’t expect a lower tax rate to offset the increase.

On average, property values flat lined. Although some obviously went up while others went down, the total value of all the property in the county is the same after the revaluation as it was five years ago.

How commercial is calculated

Commercial property is valued differently than residential homes and land. The values for homes and land are based on sales of similar property. But there are usually not enough sales of commercial buildings to establish an accurate baseline.

“It is hard to find commercial properties that are truly comparable,” said Ron McCarthy with RS&M Appraisal firm.

So instead, commercial property values are derived from the prevailing rents in an area. Even if the property isn’t being leased, appraisers calculate how much rent income the building would potentially generate if it was.

While residential homes and land were appraised by an in-house team of county appraisers, the county contracted with a private firm, RS&M Appraisal, to do commercial property.

Regardless of the rent-based appraisal formulas, Miller disagrees with his assessment. Rents have not gone up 28 percent in five years, so why did property values, Miller asked.

On the rise

Commercial property values increased in the latest Haywood County property appraisal. Here’s the increase for certain districts compared to five years ago.

Waynesville downtown: 27.9%

Canton downtown: 14.6%

Maggie Valley downtown: 8.8%

Clyde downtown: 3.8%

Russ Avenue in Waynesville: 9.5%

South Main Street in Waynesville: 3.6%

Champion Drive in Canton: 26.7%

It’s what everyone wants to know: is their neighbor’s house worth more or less than their own?

It’s not hard to find out at the county’s mapping site, where there’s a plethora of property revaluation data to keep even the most obsessed followers of local real estate busy for days.

Here’s how to navigate the county’s online mapping and tax information.

How to view property information:

• Go to http://maps.haywoodnc.net/gisweb/default.htm. (Or, from Haywood County’s home page, click on “maps” on the left.

• Search for your parcel by name, or click on “PIN” to search using the PIN number from your property notice.

• Your property will be highlighted in blue. You can also see your total assessed value, acreage, and so forth.

• For more complete details of the property, such as number of bedrooms, heated square feet, etc., click on “view tax card” on the lower left.

• To see the value of your neighbors’ property, click on “adjoiners” on the lower left. A list of neighboring parcels will appear. As you scroll over the list, the parcel on the map will be highlighted. Click “details” for the parcel you want to see info for. Click “back to search results” to get back to the list.

• To see the details of any parcel, first click on the “identify” button across the top, then click on the parcel you want to see.

• To move around your neighborhood, click on the symbol of the hand across the top and then use the tool to drag the map around.

How to find recent real estate sales:

• To see what recent sales in your neighborhood were used as a baseline for your property revaluation, pull up your own parcel (using directions above.)

• Click on “select viewable layers” (in the black bar just above the map).

• In the list on the left hand side, check the boxes for “revaluation neighborhoods” and “valid sales.” (Don’t uncheck anything that is already checked.)

• Recent sales used to determine property values in your neighborhood will be outlined in red. You may have to zoom out to see them.

• To see the details of any of the parcels, first click on the “identify” button across the top, then click on the parcel you want to see.

How to find old property values:

• Only the latest property values from the revaluation show up with the parcels on the map site.

• To find the old values for a parcel, go to http://www.haywoodnc.net/index.php?option=com_content&view=article&id=960&Itemid=134 (Or, from Haywood County’s home page, click on “taxes online” on the left side.

• Type in the name of the property owner.

• If the property owner owns multiple parcels, they will all come up and you will then have to select the one you want.

• When you select a property from the list, last year’s tax card will come up, which shows the value of the property last year.

Haywood County’s property revaluation was a massive undertaking: appraisers had to lay eyes on 50,000 properties, from condos to fast-food joints to farms, and judge whether they had gone up or down in value over the past five year.

Hundreds of property sales from 2009 and 2010 set the bar for new values on the county’s property rolls. But just because a similar home across town sold for $200,000, does it mean yours would also?

In the world of real estate, location is everything, whether it’s a few blocks down or the other side of the ridge.

This year, the county developed a highly-engineered method called “neighborhood delineation.”

The formula carves the county up into nearly 1,000 neighborhoods. From there, the county essentially wrote its own computer program to calculate property values, taking dozens of variables into account. Each variable takes the value up or down a notch, but is only as good as the baseline assigned to the neighborhood.

The methodology is impressive, said Randy Siske, a Realtor and president of the Haywood County Board of Realtors.

“The last time we had a revaluation, the biggest complaint from the real estate community was they were comparing apples and oranges,” Siske said. “I think they really made an effort to compare apples and apples.”

Before, the county was divided into just 17 townships. All of Maggie Valley was lumped together, or all of Bethel.

Now, clusters of just 30 or 40 similar properties make up a neighborhood.

David Francis, Haywood County tax collector, pointed to a map of Hazelwood where a conspicuous donut hole appears in the middle of one neighborhood. A condo unit along a residential street was carved out and made its own “neighborhood” rather than lumping it in with the houses around it.

“That’s how close and how drilled down this is,” Francis said.

When county’s appraisal team reached the final stage of revaluation — a drive-by of every property on the books to double check their formulas — they had identified some 700 neighborhoods. But during their final drive-bys they kept creating more and more.

One appraiser trolling the back roads of Fines Creek left in the morning to survey what she thought was one neighborhood and came back to the office with three: Betsy’s Gap, Price Town and Turkey Creek.

“They were finding out that some neighborhoods were a little broad so they broke them down further,” said Haywood County Tax Assessor Judy Ballard said.

And further and further apparently, until they had added another 250 neighborhoods by the time reval was done.

“Neighborhood delineation” was lot of work on the front end — entering not just the number of bedrooms, square footage and whether a home has a garage — but also the school district, proximity to town parks or mountain views.

Those appealing their property values may have a harder time making their case.

“I think it is going to be more difficult for property owners to get through the appeal process,” Siske said. “I’m not saying there aren’t properties out there that need to be appealed. But finding a property that is $100,000 off in value I think it is very much less likely.”

Property owners in Haywood County faced a Catch 22 when their new property values arrived in the mail last week.

If your value went up, it’s nice to know the lackluster real estate market didn’t undermine your home’s worth. The downside will be higher property taxes. Those who saw their value go down will likely pay less in taxes — but it’s hard to be excited that your home isn’t worth as much as it used to be.

The total value of property in the county remained flat. If you add it all up — the value of every home, lot and tract of land — it amounts to $6.791 billion, an increase of less than 1 percent over last year’s total value of $6.787 billion.

The flat figures mean the county escaped the brunt of the national real estate downturn. As a result, the county won’t have to hike the property tax rate to bring in the same amount of money as last year.

“I am relieved there were no gigantic swings,” Commissioner Mark Swanger said.

Had property values gone down as a whole, the tax rate would have to go up for the county to collect the same amount as last year. Commissioners would be hard-pressed to explain the nuance of raising the tax rate, but not really raising taxes given lower property values.

Commissioners have been sparred that dilemma, but only to some degree.

Unfortunately, Swanger pointed out that sales tax collected by the county might be down as consumers are buying less. And the state is poised to stick the county with more of the tab for everything from road paving to education, Swanger said.

Commissioners may be faced with raising property taxes to make up for these shortfalls — unless they want to cut the county’s budget for the third year in a row, something that may not be possible, they said.

“We have already reduced it almost as much as we possibly can,” said Commissioner Kirk Kirkpatrick.

If the state cuts education, does the county hang the schools out to dry or pick up the cost locally?

“We have to wait and see what Raleigh does and then decide as a community and as commissioners, what do people want? What do you want your government to do?” Kirkpatrick said.

Those tough decisions will be facing the county over the next few months. A budget — and tax rate — will be hashed out by July 1 when the new fiscal year starts. Then, and only then, can homeowners pull out their calculators and know for sure what their new property values will mean for their tax bill.

Why the revaluation?

In North Carolina, counties are required to conduct a mass appraisal of real estate every eight years — called a revaluation, or “reval” for short. Property taxes are based on property values — the more your property is worth the more taxes you pay. The reval is intended to level the playing field, bringing the county’s assessed value of your property in line with the true market value so everyone is paying their fair share come tax day.

How do you calculate taxes?

Here’s how to figure county taxes at the current tax rate at 51.4 cents for every $100 of property value. Divide your property value by $100 then multiply by 0.514. This doesn’t include fire taxes for your fire district or town taxes if you live in the town limits. Bear in mind commissioners won’t set this year’s final tax rate until June.

When Mollie Weaver put her house on the market two weeks ago, she was bracing for the worst. She’d been here before, for two years in fact, when her house languished on the market from 2007 to 2009.

“Of course that was when things were rapidly changing,” Weaver said. “We learned from that.”

This time, the mom of three got serious.

“In the higher price ranges, there is stiff competition. There are brand new homes that haven’t sold, and if you can’t compete with that you have to slash down your price,” Weaver said.

ALSO: New values based on hyperlocal formula

So she did, and Weaver’s house in the Iron Duff area of Haywood County was under contract within a day.

She’s selling at a loss compared to where she bought it in 2006, but hopes to make up the difference when she finds a new house: “We sell at a bargain and we buy at bargain.”

Weaver’s story sounds familiar to anyone who’s tried to buy or sell and home in the mountains.

But now for the first, time there are hard-and-fast numbers painting a full picture of real estate values in Haywood County.

Every home, lot and tract of land in the county — all 50,000 of them — have been reappraised to reflect the current real estate market. New values were sent to property owners last week, and many learned their property was worth less than the last countywide appraisal five years ago.

In the past, you could count on values to go up with the exercise. But it’s a different ball game this time, and many anticipated a dramatic decline in property values.

Nationally, the recession has wreaked havoc on the real estate market. A glut of homes coupled with a dearth of buyers forced sellers to slash prices, and real estate values entered a downward spiral.

“To be competitive, to sell your house, you have to undersell the guy down the street and that’s what’s driving your market down,” said Randy Siske, a Realtor and president of the Haywood County Board of Realtors.

ALSO: What new property values mean for your taxes

But the property reval carried rather pleasant surprise in Haywood County when it came out last week.

“Overall we did not have a total collapse here as some other markets did. You don’t see things crippled here,” said David Francis, director of the county tax department

The total value of property — if you add up every home, business and piece of land — essentially remained flat. Roughly half the property owners in Haywood County saw their values go up, and half saw them drop, Francis said.

Keith Gibson, a private property appraiser in Haywood County, said pegging property values has been extremely difficult lately — the most difficult he’s experienced in his 25 years in the business.

Appraisals are dictated by the selling price of similar property. During the boom years, Gibson followed suit with the high prices in the market place, but he often found himself shaking his head over his own appraisals.

“We were seeing things that were unbelievable,” Gibson said. “We made predictions that this cannot go on like this.”

And indeed it didn’t. Property values fell with the recession, and fast, making it hard to know whether last month’s sale was a still an accurate yardstick for today’s appraisal.

“I have never seen values go down in Haywood County until the last two years,” Gibson said.

Fearing the real estate market was still in too much flux to accurately peg property values, Francis last year urged commissioners to postpone the reval until 2012. They had already postponed it one year, from 2010 to 2011.

“We collectively agreed to postpone it for a year because we were afraid there might not be enough valid sales to do as meaningful and accurate a revaluation as possible,” Commissioner Mark Swanger said.

Tax Assessor Judy Ballard didn’t have to dig deep to illustrate the problem. She randomly picked Triple Creek subdivision from a stack of property assessments. In the reval five years ago, appraisers had a long list of lot sales to base their estimates on — 25 of the 40 parcels in the subdivision had sold in the prior two years.

But this time, there were only four recent sales in Triple Creek, and they all fell below their former values.

Francis thought it wouldn’t hurt to delay the reval yet another year, as several neighboring counties have chosen to do. Jackson, Macon and Buncombe counties postponed theirs until 2013, and Swain until 2012.

But commissioners decided to take the plunge in Haywood this year.

Doing so keeps the reval from falling in an election year — although Swanger said this wasn’t the reason. Revals can be contentious and politically charged since tinkering with the tax rate will usually follow on its heels. But Swanger said the county had already entered a contract with an appraisal firm and delaying it could have cost the county fees.

Fewer appeals

In the past, angry property owners flooded the county tax office after seeing their new values, outraged by the sharp increase — and fearing the higher property taxes that would follow.

But last week, a county appraiser stationed at the tax window to field inquiries was sitting idle. A basket labeled “property appeals here” was empty, and a jar of fresh pens on the window ledge was untouched.

The county hasn’t seen nearly as many appeals this time, Francis said. For starters, “sticker shock” of rising real estate that played such a large role in past revals is obviously absent this time. But the values are likely more accurate than they’ve ever been this time, thanks to a new, highly engineered formula (see related article.)

“The county had a huge job to do and I think they did a pretty darn good job overall,” said Realtor Phil Ferguson, the owner/broker of The Seller’s Agency.

Ferguson said the county’s new values for his property were in the “ballpark,” and that is actually impressive.

“When they have 50,000 properties to go out and evaluate, there is no way to do it perfectly,” Ferguson said.

The county’s team appraises homes from the curb, stopping at each one but not going in. There’s a lot they might miss inside, said Gibson.

“The counter tops, the doorknobs, whether it has 10-foot ceilings, hardwood floors,” Gibson rattled off a few. Even whether a house has stained oak woodwork instead of painted baseboards and door jambs.

This year, the county is actually seeing appeals from people who think their new values are too low. While it seems odd to lobby for a higher appraisal — since higher values mean higher taxes — that’s exactly what some people are doing, Francis said.

He spoke to one property owner who saw a tract of land — land took the biggest hit in values — fall from $550,000 to $100,000.

“She was very concerned,” Francis said.

Francis has also fielded calls from homeowners who owe more on their mortgages than it is now worth. They want to know whether the bank will come knocking, asking the upside-down mortgage holders to pony up the difference. Francis assured them that’s not the case.

The winners and losers

While generalizations don’t apply to every house in every neighborhood, there are some trends.

•  Commercial went up, especially in downtown Waynesville (see chart).

• Tracts of land went down substantially. Land, once considered a mini-gold mine, is no longer in demand by developers. Plus, banks have balked at financing land.

• Lots in subdivisions went down, also due to old fashioned supply and demand. While there’s hundreds of lots for sale, the tanked economy halted the mountain migration of retiring baby boomers.

• Property closer to town held its value or went up compared to rural areas. On average, property values fell in Crabtree, Iron Duff, Jonathan Creek, Fines Creek and the like, while they went up in the towns of Waynesville and Canton and in areas closer to town.

• High-end homes went down, while lower priced homes went up. It’s no surprise, since expensive homes have been in less demand while affordable ones are highly sought.

“On a sliding scale, the higher you go the greater decrease you would find in price,” said Kirk Kirkpatrick, a county commissioner and attorney who has a bird’s eye view of the market through real estate closings.

Kirkpatrick’s own house in Laurel Ridge went from a value of $800,000 in 2006 to $650,000 in the recent reval.

But a small home he owns on the outskirts of Canton went up from $78,000 to $100,000 — a case in point that lower priced homes have gone up compared to expensive ones.

There’s a side effect come tax day, however. High-end property owners will no longer pick up as much of the county’s property tax tab as they once did. Median home owners will see their share of tax burden go up comparatively.

“That is an unfortunate outcome of what this economy has done,” Swanger said.

Of course, the county was lucky to lean on the higher-valued properties for the years that it did.

“I don’t think there is any question the real estate bubble artificially inflated the value of the upper-end homes. They are now back to where they should have been all along,” Swanger said.

Turn around coming

Realtor Randy Siske said it is important to take the long view. If you only look at how much your property went down since the last reval in 2006, you ignore the dramatic rise leading up to 2006. In the first half of the decade, property values rose by so much that even though they have taken a step back now, it’s more like one step back for two steps forward.

There has still be a net gain in value over the decade as a whole — although it’s hardly consolation to those who bought at the market’s peak.

Real estate watchers see an uptick on the horizon. After two years of decline, the number of homes sold last year leveled off (see graph).

“It has started to stir now. There have been several good closings in the last couple of months,” Gibson said.

Before prices can fully recover, however, the number of homes on the market needs to be thinned out.

“There is still a lot of inventory on the market. If people don’t absolutely have to sell right now they probably shouldn’t,” Ferguson said.

The converse is certainly true.

“Now is a great time to buy,” Ferguson said.

What went up, what went down

The director of Swain County Department of Social Services has been put on leave with pay following a nearly clean sweep of the DSS board.

A newly constituted DSS board placed Director Tammy Cagle on “nondisciplinary investigative status to investigate allegations of performance or conduct deficiencies” following a unanimous vote of the DSS board Monday (March 28).

DSS plans to hire an interim director by the week’s end, according to Robert White, a Swain County commissioner and new member of the DSS board. The DSS board will meet Wednesday to consider a person for the post.

White, a former school superintendent, said the entire situation has been very difficult, in fact the most difficult he has ever faced. White said he hopes it can be resolved sooner rather than later.

Swain DSS is under investigation for an alleged cover-up following the death of a Cherokee baby, Aubrey Kina-Marie Littlejohn. Relatives had repeatedly warned DSS of suspected abuse and neglect by the baby’s caretaker, but DSS failed to take action and later doctored records to hide any negligence on their part, according to the law enforcement investigation.

So far, no charges have been filed against Aubrey’s caregiver in connection with her death, nor have charges been filed in the obstruction of justice investigation into DSS.

Despite public demands that those employees named in the investigation — including the director — be put on leave with pay pending the outcome, the former DSS board reached an impasse on whether to do so.

Swain County commissioners condemned the former board for failing to take action and called for them to resign.

Four of the five DSS board members are now brand-new through a combination of local and state appointments: Georgeanna Carson, Tom Decker, Sarah Wachacha and White. Only Frela Beck remains from the previous board.

The DSS board only has hiring and firing authority over the director. However, an interim director once appointed could put the remaining employees named in the investigation on leave.

Family members of Aubrey thanked the new DSS board for taking the allegations seriously.

“I know it is just the first step to getting where we need to be, but it takes a lot off our shoulders to know somebody is taking this seriously,” said Leighann McCoy, one of Aubrey’s family members who attended the meeting of the new DSS board this week.

Ruth McCoy, Aubrey’s great-aunt, feared the SBI probe would be hampered if those in positions of authority named in investigation remained in their job.

“Now maybe people will step forward and start speaking,” McCoy said.

For the first time in five decades, the giant cross on Mount Lyn Lowry has fallen dark.

The cross has been a nighttime landmark shining over the Balsam Mountains between Waynesville and Sylva since 1965. The cross went dark early last winter, presumably due to an electrical malfunction. The problem has not yet been diagnosed, but an electrician is scheduled to inspect it this week.

The cross was built in the early 1960s as a family’s memorial to a daughter who died of leukemia. The family pledges to repair the cross and get it shining once more.

The problem, unfortunately, is not as simple as needing new light bulbs. At least not according to Marvin Bolick, who for the past 11 years has proudly been climbing the 60-foot cross every time one of the light bulbs went out. Before that, the job of replacing burnt-out bulbs was done by his father-in-law, who maintained the cross for more than a decade before passing the torch to Bolick.

The cross has seven bulbs: five up the center and one on each tip of the cross.

“You can lose one on the main beam and you can’t always tell, but if you lose one of the ones on the cross beam, then it just don’t look like a cross,” Bolick said.

Usually, one will go out every few months, with each bulb lasting up to a couple of years. But Bolick noticed last November that several bulbs went out all at once.

“Then shortly after that they all went out,” Bolick said.

Unfortunately, winter snows had already obliterated the road up to the cross, which sits at 6,000 feet. Only recently has the road become passable again, said Bolick.

Bolick put the family, who is based in Florida, in touch with a local electrician who is supposed to diagnose the problem this weekend and develop a fix.

Bolick surmised it could be any number of problems, from a tripped breaker and loss of power at the meter. Bolick said he would have tried making it up to the cross sooner, but he recently had bypass surgery, likely putting an end to his cross climbing days permanently.

Bolick, who also mowed the grass around the base of the cross, checked the bulbs every time he mows. The lights come on when it gets dark, triggered by a solar sensor. Bolick takes off a mowing glove and drapes it over the sensor, tricking the cross into thinking it’s dark and making it light up.

If one was out, he strapped on his safety harness, pulled a spare bulb from his truck, and mounted the cross with it dangling from his belt in a plastic grocery bag.

The cross is in good shape structurally, Bolick said. About five years ago, the family had it pressure washed and painted.

The cross faces another hurdle in coming years. The mercury-vapor bulb used on the cross is being phased out under environmental energy regulations.

“They are going the way of being obsolete,” Bolick said.

Currently, Bolick said they’re still seeking a replacement for the bulbs, trying to find something more readily available that will be in keeping with the same look that the cross has maintained for decades.

“A lot of the newer lights, they’ve got kind of a pinkish glow and the wattage, also. They don’t have the wattage that these have,” Bolick said.

Since his health now prevents him from continuing to scale the cross regularly, Bolick hopes to transfer those duties to someone else as soon as the lights are once again aglow, though who the next caretaker will be is, as yet, uncertain.

– Colby Dunn contributed to this article.

Swain County social workers and supervisors named in a State Bureau of Investigation probe are no longer welcome to work child welfare cases on tribal land.

The Eastern Band of Cherokee Indians asked the Swain County Department of Social Services last week to send other workers instead when dealing with cases on the Qualla Boundary.

Swain DSS is under investigation for an alleged cover-up following the death of a Cherokee baby. Relatives had repeatedly warned DSS of suspected abuse and neglect by the baby’s caretaker, but DSS failed to take action and later doctored records to hide any negligence on their part, according to the law enforcement investigation.

An SBI search warrant named five employees, including the DSS Director Tammy Cagle and Program Manager T.L. Jones. Despite public demands that those employees be put on leave with pay pending the outcome of the investigation, only one has been suspended.

The rest remain in their jobs, which include duties on the reservation — from caseworkers investigating alleged cases of abuse to Cagle attending child welfare committee meetings with tribal officials. That has created a source of tension in Cherokee.

“I think while we are in this investigative period we should ask these guys to step aside in their responsibilities until we can figure things out,” said Principal Chief Michell Hicks. “This is a high profile issue and in light of everything that has occurred, I think it is in the best interest of all related parties.”

The request came from the chief’s office and was run past the Division of Health and Human Services in Raleigh. The state umbrella agency claimed it didn’t have jurisdiction over the job duties and case assignments of Swain County social workers.

“Any decision regarding this request would be made by Swain County DSS management,” according to Lori Walston, a spokesperson for the state agency.

Swain DSS Attorney Justin Greene, who has served as a de facto spokesperson for the agency during the tragedy, said Swain DSS would honor the tribe’s request. The social workers named will no longer work on the reservation in any capacity, even testifying in tribal court in ongoing cases they were assigned to.

“Swain County DSS employees not involved in the investigation will replace those five DSS employees in all matters occurring on the Qualla Boundary so that the delivery of social services to the enrolled members of the Tribe continues unimpeded,” according to a statement by Annette Tarnawsky, the tribe’s Attorney General.

Swain County DSS has an agreement with the tribe to perform child welfare services on the reservation. Swain DSS is reimbursed for all the services it provides on the reservation.

Over half its total child welfare caseload  — and therefore half the budget — is tied to cases involving enrolled members, according to DSS reports.

Cherokee is pursuing the creation of its own child welfare team, which would handle cases involving enrolled members rather than using on Swain County DSS, according to discussions at a tribal council meeting this month. Swain DSS stands to lose considerable funding if such a plan goes through.

Official suspension may be coming soon

Relatives of Aubrey Kina-Marie Littlejohn have been calling for the suspension of the social workers for four weeks, as have the majority of Swain County commissioners. Commissioners said their request has nothing to do with whether all employees named are guilty of wrongdoing, but is merely a matter of protocol to protect the integrity of the investigation.

But the DSS board, which holds the final say, reached an impasse on whether to suspend the employees. Commissioners were perturbed the DSS board failed to reach a decision and called for the board to resign. Three of the five indeed resigned, but commissioners then found themselves on the receiving end of public backlash from friends and family of the DSS board.

Two members remaining on the DSS board are Frela Beck, an enrolled member of the tribe, and County Commissioner Robert White.

Of the three vacant positions, one seat gets appointed by the county and two by the state Division of Health and Human Services.

County commissioners last week appointed Georganna Carson to the county’s vacant seat.

The state this week made its two appointments: Tom Decker, a teacher at Swain County’s alternative school, and Sarah Wachacha, a tribal member who works in administration at the Cherokee Indian Hospital.

A meeting of the newly constituted DSS board will be at 5:30 p.m. Monday, March 28, at the Swain DSS office. The board will presumably take up the issue of whether to suspend the employees in question until the investigation is concluded.

While the new board members will have to get up to speed on DSS policy, Decker said he is looking forward to the challenge and will not be distracted by the media attention surrounding the controversy.

“Once the new board sits down I am sure we will be able to work together well to do whatever needs to be done,” said Decker, who moved here 10 years ago. “I volunteered because I care about the people of Swain County and especially the children.”

Dominic Cruz is counting down the days to graduation in May, when he will put his skills both as a woodworker and entrepreneur to work as he launches his dream career building handmade furniture.

Cruz moved to the region from Florida to attend the Creative Arts Program at Haywood Community College, where he says he learned everything he need to know to make a go of his venture.

“That’s what’s really, really great about this program,” Cruz said. “It doesn’t just teach you the skills and techniques, they have a ton of business classes so you are ready to succeed when you come out. It’s not just ‘here’s how you put something together.’”

That type of reputation — one that draws students from across the country — is rare for a two-year community college. But at HCC, the nationally renowned craft program has long had that kind of draw. The program has produced expert weavers, potters, glassblowers, jewelers and woodworkers considered among the best in their professions.

“I specifically sought out this college because people told me what a great program it was,” said Sherri Bell, who is originally from Alabama. “We have some really, really talented teachers.”

HCC broke ground last week on a new creative arts building. It will replace the cramped and outdated quarters that have housed the program for more than 30 years. The new building will help HCC maintain its status in the craft world and elevate awareness of the college in general, said HCC President Rose Johnson.

While some HCC graduates make a full-time living in the craft industry, for many like Bell, who works at a restaurant in Asheville, their craft will provide supplemental income and afford a higher quality of life.

“The presence of a creative workforce is associated with rising household incomes,” said Terry Gess, head of the Creative Arts Program at HCC. The craft industry has an economic impact of $206 million in Western North Carolina, according to a study by Handmade in America.

That’s good news to Richard Hughes, who hopes his budding artistic talents as a jeweler will help him earn enough to get off disability.

“I was trying to do something to improve my standing and get off the government nickel. I would rather be a productive member of society, so I am giving it my best shot,” Hughes said.

HCC’s craft program is inexpensive compared to private craft institutions, said Sarah Canale, who is in the jewelry program.

“I think it is impressive a community college can offer a quality craft program with a degree that’s affordable. It’s really unique,” Canale said.

The high demand among students to get in to HCC’s craft program leads to a perpetual waiting list.

“Some students have given up because there wasn’t space for them,” said HCC President Rose Johnson.

The new creative arts building will allow the college to increase enrollment, Johnson said. But not just for fulltime students. Johnson said she is equally excited about the having a bigger and better facility to serve the hundreds of people who do crafts as a hobby and take courses here and there as continuing education without pursuing degrees.

“It will certainly expand what we are able to do,” Brian Warst, a woodworking instructor, said of the new building.

The new building reflects a commitment to the craft industry, both by the college and the community, said Terry Gess, head of the Creative Arts Program at HCC.

“Over the decades, Western North Carolina has grown into a nationally known crossroads for crafts,” Gess said. “We look forward to our prosperous future in the creative arts.”

The $10.2 million creative arts building will be paid for with revenue from a special a quarter-cent sales tax levied in Haywood County for the sole purpose of construction and expansion at HCC.

Counties normally can’t impose sales taxes of their own accord. But in 2007, the state agreed to let counties enact a quarter cent sales tax if it passed muster with voters.

Haywood County promptly took the state up on the offer with HCC leading the charge. Voters were promised the money would be spent on building at HCC — something that would otherwise have to come from the county’s general coffers.

“We as a community owe a great gratitude to the voters of Haywood County of passing the quarter-cent sales tax,” said Neal Ensley, a member of the HCC board.

Haywood County Commissioner Bill Upton said it is a good thing the college jumped quickly.

“If we had to vote today on a quarter-cent sales tax, I don’t believe it would make it, so I appreciate the foresight of the Haywood Community College Board in getting this done,” Upton said.

Asheville-Buncombe Technical Community College is hoping to follow in HCCs footsteps. Buncombe voters will be asked on the ballot this fall to support a quarter-cent sales tax to fund new buildings for AB Tech.

Swain County residents with family buried in cemeteries in the Great Smoky Mountains National Park claim the park service is dragging its feet repairing a washed out bridge used to visit the old graves.

A bridge spanning the mouth of Hazel Creek in the North Shore area of the Park came apart last summer. It will cost upwards of $500,000 to replace it, according to the U.S. Park Service. The Park is requesting federal money to build back the bridge, but it will have to compete against dozens of other national parks for a limited pot of funds.

Dale Ditmanson, superintendent of the Smokies, came to the Swain County commissioners meeting last week, where he got an earful from a few angry Swain County residents who want the bridge repaired immediately.

David Monteith, a county commissioner, said the bridge provided a vital link for those wanting to visit cemeteries where loved ones are still buried in the Park. To reach the cemeteries in the North Shore backcountry, people generally take a ferry across Lake Fontana and walk the rest of the way on old roads, or are driven the remaining distance by park rangers.

In the summer when lake levels are up, the bridge is submerged and the ferry motors up the mouth of Hazel Creek to let people out. But when lake levels drop the rest of the year, the bridge becomes the only way to span the mouth of Hazel Creek. Without the bridge, people have to hike up and around on a narrow trail for more than a mile to reach the same cemeteries.

“Right now, the way it stands between late September and late March, it makes it totally impossible for the handicap and elderly to go up Hazel Creek,” Monteith said. “If you are on a cane, you can’t get there.”

Monteith said it also puts a crimp on visitation from hikers, backpackers and fishermen who visit the backcountry.

“That’s major money coming into Swain County,” Monteith said.

Monteith accused Ditmanson of not wanting the bridge built back. Monteith said the Park has inflated what it would actually cost to build the bridge. The higher price tag is going to keep it from being built back, Monteith said.

Monteith consulted the contractor that built the original bridge for an opinion on what it would cost today. The figure he came up with was $100,000 — not $500,000.

Monteith is a leader in the movement to build the North Shore Road, a group that has historically been at odds with the Park.

Monteith offered to write Ditmanson a check for $100,000 if he would go build the bridge back. Ditmanson wouldn’t accept it, which Monteith said shows that the Park doesn’t really want the bridge built back.

“You are trying to block us out,” Monteith said.

Monteith cited what he feels is a pattern of negligence by the Park Service toward the Swain County portion of the Park.

“This is part of us. It feels like they take everything away from Swain County,” Monteith said. “We are losing everything about the Park on this side of the mountain.”

For example, trashcans in the North Shore backcountry have been removed because rangers didn’t want to come empty them.

Monteith said the bridge could have been saved if the Park acted faster. But Park Spokesperson Bob Miller said the Park did not know the integrity of the bridge was compromised until it was too late.

“The first we heard that there was a problem with the bridge is the folks at Fontana Marina called us and said the bridge was floating in the lake,” Miller said.

The Park hired a crew of underwater divers to go in and inspect the submerged bridge and supports. They hoped they could simply tow the wooden bridge back in place and bolt it back, that perhaps the clips attaching the bridge to the beams were all that had rusted out. But it turns out the beams themselves were too corroded, Miller said.

Getting the money

Even if the Park’s request is granted, the money won’t come through until 2011 at the earliest, or 2015 more realistically.

The Park Service is typically working on a five-year time line. So projects that get money today were actually approved five years ago.

Here’s how the process works. Once a year, every park puts together a list of repairs it needs for roads, bridges and facilities. The Department of Interior looks at all the lists and decides which ones get money.

At first, the Park simply turns in a rough estimate of what the work would cost for the Hazel Creek bridge. The Smokies guessed about $500,000. If it makes the government’s short list, then the Park will engage an engineer to do a more sophisticated estimate, Miller said.

“Initially you put in a broad conceptual design and rough estimate,” Miller said. “There is no point to spend money on refining a design until you know that it is even in the pecking order.”

Typically, there’s about $90 million is the pot for road work to be shared under the Department of Interior. The requests that come in are many times that amount, usually a giant laundry list of every project every park would like to see.

“Requesting things you know will never be funded gives the Park Service some idea of how big the road needs are,” Miller said. “If you only request the top three you know will be funded it looks like ‘Oh, you got everything.’”

The pecking order

The Hazel Creek bridge could have a hard time competing for limited national park funds. Technically, it isn’t considered a road used by the public. Rather it’s classified as an “administrative” road used by park personnel only.

“It’s going to be hard for that project to compete very well,” Miller said.

The Smokies saw that disadvantage play out following the floods of 2004, which washed out another bridge in the North Shore area. The Park applied to a pot of emergency money for flood repairs, but was turned down since it was considered “public” use. At the time, Congressman Charles Taylor, R-Brevard, was serving over the subcommittee that controls park service funding and pulled strings to get the repair funded after all. Taylor has since been voted out and replaced with Congressman Heath Shuler, D-Waynesville, who doesn’t have direct sway over the Park budget.

Swain County Manager Kevin King wrote a letter to the Smokies asking for the bridge to be fixed. The letter cites the hardship on the elderly and handicapped trying to visit their family graves.

Miller said he isn’t sure if the local demands, or the issue of cemetery access, will influence the chances for funding.

“It might help to tip the balance or give it a better ranking, but it’s hard to tell,” Miller said.

Miller said the Park is not happy about the bridge washing out either, as it allowed the park rangers better access to the area as well.

But the Hazel Creek bridge replacement isn’t even at the top of the Park’s own list. The list includes items used by far more people or far more urgent, such as restrooms for visitors or saving historic structures in immediate danger of falling down.

When Fontana Lake was constructed during WWII, some communities were submerged by the rising lake while others were merely rendered inaccessible.

The only road in and out of a 44,000 acre area where about 2,000 people lived got flooded, effectively cutting them off. So the area was evacuated and made part of the Great Smoky Mountains National Park. Those who were evacuated not only left behind homes and farms, but family cemeteries.

Many elected to have their loved ones remain where they were rather than dug up and relocated. The next of kin for each grave had to sign a contract with the Tennessee Valley Authority stating their preference: to leave the grave or move it.

Those who elected to leave the grave where it was were warned upfront that visitation to the cemeteries wasn’t going to be easy.

“It will be necessary to walk a considerable distance until a road is constructed in the vicinity of the cemetery, which is proposed to be completed after the war has ended,” the TVA contract stated.

Although families were given fair warning access would be difficult, they were also given hope that a road into the area would be built back one day. Those with family members buried on the North Shore have hung on to that hope, but it has been 65 years now and no road is in sight.

Road or cash

When Park Superintendent Dale Ditmanson came to the Swain commissioners meeting last week, road supporters didn’t pass up the chance to demand the long-promised road. County Commissioner David Monteith, a spokesperson for the pro-road group, suggested tapping the public works stimulus package being debated in Congress for money to build the North Shore Road.

But Ditmanson leveled with the audience.

“The road will never be built,” he said.

A cash settlement in lieu of the road is now the county’s best hope of being compensated for the broken promise to build the road. But negotiations over the amount of the settlement appear to be stalled.

Supporters of a cash settlement floated the figure of $52 million, a long-standing amount used repeatedly over the past decade when discussing a cash settlement. It is based on the value of the old road through the area that was flooded when the lake was created, adjusted for interest and inflation.

The Park Service itself adopted the figure, but now that rubber is meeting the road it appears a figure cannot be agreed on. Swain County leaders have said they will not settle for anything less.

The new lines of kayaks and canoes this year have one mission in common: to lure new converts.

“Most of the manufacturers are coming out with boats that are more beginner and intermediate friendly. This is a push to get more people involved in paddling as new boaters have been declining for the past decade,” said Robert Bone, a boat expert at Nantahala Outdoor Center. “They realize we have to grow this market segment. To keep it viable for the manufacturers, they have to get new people involved, thus the new designs.”

There’s been a decline in paddling for the past eight years, Bone said. Thousands flock to NOC’s courses each year to learn how to paddle. But if newcomers can’t get the hang of it, at least enough see a light at the end of the tunnel, they give up.

“The learning curve is very steep in the first several years,” Bone said.

While it’s more fun for boat makers, who are often world-class paddlers themselves, to design high-power, high performance boats tailored to other experts like them, the NOC crew has help pushed designers into considering the beginners.

“For the beginning paddler you need something that gives them a lot of confidence on the river. They need to get on the river and feel like they can really do it and then they’ll come back and turn it into a life time sport, so that’s what I wanted to do more than anything,” said Wayner Dickert, a world-class paddler and instructor at NOC.

There’s a trade-off when designing a boat — a kayak with high maneuverability for experienced paddlers versus one more likely to stay upright. NOC staffers kept asking the manufacturers for a more forgiving boat, and they finally responded.

“It is nice to have the manufacturers listen to you and develop a boat for your specific market,” Bone said. “We really appreciate that.”

The boat companies are also pitching boats this year that can multi-task. The expert paddler has an arsenal of boats to fill every niche of water imaginable, whether it’s the best boat for making fast tracks on a lake or barreling over class V waterfalls on narrow creeks. Play boats are even tailored toward the type of trick they perform best for, with some handling best for enders and cartwheels and the others for stern squirts and spins.

Dickert has eight boats from that came out in 2008 alone, and doesn’t consider it a lot.

“I am actually pretty lean on boats right now,” Dickert said.

But those just entering the sport haven’t built up their stockpile of boats yet.

They need cross-over boats that aren’t so tailored to just one kind of paddling.

“They’re manufacturing boats to fit a wider range, that caters to that beginner boater who wants to do some of both,” Bone said.

A unique twist on luring more people into paddling is a new two-person kayak by Jackson Kayak. The tandem kayak is the first of its kind in more than a decade and will hopefully help get people hooked.

“You will have somebody experienced in the back of the boat and some one who has never kayaked in their life taking them down river and hopefully get them excited and hopefully get them to buy a boat,” Bone said. “It is all about trying to increase the participation in whitewater paddling.”

There’s another trend Bone sees in boats this year.

“It seems like everybody has kind of gone back to retro designs, little longer designs for river running and stability,” Bone said. “The steam has been dropping from the play boat scene for a while now. That has taken a bit of a backseat to plain old river running in the last couple years.”

When the new line of 2009 kayaks hits the outfitters’ stores in coming weeks, the mark of paddling guru Wayner Dickert will be lurking beneath more than one hull.

The former Olympic paddler has long been a go-to guy for boat manufacturers. In the trenches at Nantahala Outdoor Center’s paddling school where thousands flock every year to improve their skills, Dickert has a foot soldier’s view of the demands in the boat market.

Of all the boats Dickert consulted on this year, he’s most excited about a new boat by Dagger — the Karnali — named for a mega-river in Nepal. As a paddling instructor, Dickert’s constant challenge to boat makers is to design a kayak that strikes a balance between the mutually exclusive traits desirable to a beginner versus an expert. For example, beginners need a boat that’s stable, thus a flatter hull. But more rounder bottoms move better if you have the skills to handle them.

Another set of attributes that are mutually exclusive: a boat that’s stable when upright, yet easy to flip back up if you capsize.

The new Karnali by Dagger attempts to find the perfect balance of all these with the beginner in mind.

“It was literally built because of our instruction programs,” Dickert said. “We wanted a boat that was easy to paddle, easy to roll and still has great stability. They completely went back to the drawing board and built this boat really around a lot of the comments and recommendations that we had.”

The paddling companies often call on NOC staffers for input when crafting new boats.

“It is pretty common that a manufacturer will call or email and say ‘Hey, we are working on this. What do you think it ought to be?’” Dickert said.

Those called on for advice range from the paddling teachers to the outfitters store. And why not?

“We are the frontrunner for instruction in North America and probably put more people through courses than anybody possibly in the world,” said Robert Bone, NOC’s boat buyer.

As the guy who chooses which boats NOC buys, whether it’s for their rental fleet, for the paddling school or to stock in the outfitters store, Bone is another guy boat makers want to curry favor with.

“It’s a pretty common occurrence,” Bone said of NOC staffers consulting on new boat designs. “We’ve been involved in designing boats for 30 years. It is pretty neat to be thought of in the industry as the people they go to. That’s the cool thing about NOC, is we have that expertise and the manufacturers feel comfortable coming to us and asking what’s going to sell on the marketplace.”

Rival boats

The NOC staffers are equal opportunity consultants.

“Because we carry all the lines, we have a neutral perspective,” Dickert said. “We look at boats from the perspective of what will help our guests become the best paddler they can be.”

In other words, someone looking for a boat — whether to rent for the day or to buy — will be pointed toward the one that best suits their ability and interests out of all the available lines, not just the best out of Liquid Logic’s line, or from Jackson Kayaks’ line.

That means Dickert can be consulting for more than company at a time. On ’09 designs, Dickert lent his two cents to both Dagger and Pyranha. Unbeknownst to each other, both were working on similar tracks, although Dickert couldn’t reveal it until the boats were ready.

“They ended up being so similar that when they saw each other’s boats they said ‘Hey, that’s our boat,’” Dickert said. “They are still definitely different boats and each one has its own special micro niche it will fit into, but each others’ jaw dropped.”

It’s not uncommon for boat makers to head down similar paths, just like car makers or electronic makers come out with similar innovations the same year.

“They knew there was a need in the industry and they ended up getting to similar places to fill that need, so that means to me they called it pretty well,” Dickert said of Dagger’s new Axium and Pyranha’s new Zone.

Hands-on

In exchange for his input, Dickert hopes to earn a free boat when the line comes out. But occasionally, he lands a gig on a prototype team that sees a boat through from inception to the final product.

One such boat was the GT, an innovative boat developed by Dagger a few years ago. Dickert laid down the initial challenge — to find the perfect middle ground between the stability of a play boat and the maneuverability of the river running kayaks.

Here’s a crash course for the non-paddler: a play boat sports a shorter, stubbier, fatter snout good for bouncing around on waves, while a river runner is longer and sleeker. Each boat calls for a specific hull type. The river runner has a displacement hull with a rounded bottom for slicing through the water, while the play boat has a planing hull that’s flatter for sitting on top of the water.

“The challenge was finding a good balance to where you still got the benefit of that flat bottom hull,” Dickert said.

After some initial consultations with the designers, they built a few prototypes, and that’s when things got fun. Dickert and a team of three other paddlers hit the water with the prototypes, trading boats over the course of the day to get a feel for each.

“We would sit around and compare notes and say ‘What did you like about this, what did it do well, what did it not do well.’ We would figure out what needed to be changed and they would go back and try to make that happen,” Dickert said.

The team took each new set of prototypes out on the water, refining, refining, refining each time.

“When we got it on the water if it didn’t work out like we thought it would we’d say ‘Let’s change this,’” Dickert recounted. They went through upwards of 15 prototypes this way before Dagger cut them off.

“You try to keep getting it closer and closer, but it’s one of those things where at some point you have to draw a line,” Dickert said. “It is all a compromise.”

Dickert’s hard work was vindicated when the GT got Boat of the Year by Outside magazine that year.