Phil Drake acknowledges that he has two kinds of enterprises. There are those launched or purchased for strategic business reasons; others he owns to ensure family members in Macon County have places to work.

Drake has a lot of family, and he owns a lot of businesses: some 18 or so under the Drake Enterprises umbrella alone. These include a tax software company, an internet company, a performing arts center and a printing press.

Here’s how Drake and Drake Enterprises work, in what’s virtually a textbook model of a business practice dubbed “vertical integration,” or expanding within the core company’s supply chain of operations:

• Drake Enterprises was responsible for 75 percent of the work at Macon Printing in Franklin. Drake, once alerted to that fact by the shop’s owners, bought the business.

• Drake needed more reliable internet service than was available in WNC, so he joined with the Eastern Band of Cherokee Indians to create BalsamWest FiberNet. The company, headquartered in Sylva, has built 225 miles of underground fiber in Western North Carolina.

• Drake Enterprises had extensive marketing needs; Drake launched PRemiere Marketing in response. PRemiere serves as an in-house marketing service for Drake Enterprises, plus handle advertising and marketing for “outside” companies.

• Drake’s companies use computers extensively. Today he owns TechPlace outlets in both Franklin and Hayesville, specializing in computer and cell-phone sales and repairs.

Not bad for a boy from Franklin whose mother used to come home from work with bloody fingers from making denim jeans for Wrangler at the local factory. These days, Drake owns that place, too — he turned the 56,000-square-foot building into a “Fun Factory” for kids, complete with arcade games and a go-cart track.

Buying into the Drake dream

More than 500 people work for Drake. Key employees, those he wants to keep in the company for life, are encouraged to buy stock in Drake Enterprises using money Drake loans them. These employees now own 10 percent of the company.

“I picked employees who are loyal, have the same vision I do, and who don’t have an exit strategy,” Drake said. “I hope to work there until I die; the employees I picked, I hope they’ll work there until they die.”

With that many employees, there are that many people in WNC who owe Drake their comforts and livelihoods. His legion of supporters view Drake as a man who takes care of family and community, pays his dues and debts, and gives proper homage to God.

“He has worked very hard for what he’s got,” said Ronnie Beale, a Franklin native and Democratic county commissioner who owns and operates a construction company in Macon County. “We might differ politically on some things, but Phil has a heart for Macon County and its people.”

Drake would like to branch out of the private sector and serve in Congress. To date, however, his wife has made it clear she’d rather he not. Drake was equally clear in a recent talk in Asheville to area business owners about his intention of honoring her wishes.

Don’t count Drake out of politics too quickly, however. When you examine his history, this is a man who has managed to do pretty much whatever he’s wanted, one way or another. Through sheer perseverance, an uncompromising business intellect and an almost uncanny ability to time his business deals, Drake has prospered, and the extended Drake family has prospered right along with him.

“If I can create a job, make a little money or break even, I’ll do it,” Drake said. “God put me in the right place at the right time, and I really hit a homerun in software. On some of these other businesses, I’ve gotten some singles and some doubles. I’m still out there trying to find that next homerun.”

From bankruptcy to wealth

Drake’s rags-to-riches, Horatio Alger Jr.- type tale takes something of an odd turn in 1981, when shortly before the age of 30 he plunged into bankruptcy. Drake, a proponent of small government who has spoken at area Tea Party venues, was forced to rely on food stamps to help feed his family. Today he expresses gratefulness for that particular program of the federal government.

Drake grew up on a farm. He went to Davidson College after graduating from Franklin High School, and then headed into neighboring South Carolina. Drake taught high school math for three years in that state before deciding he couldn’t support a family on take-home pay of $425 a month.

Drake returned to Franklin in 1976 and joined his father in the family tax business. These were the days when taxes were done with pencil and calculator — pre-computer and pre-computer tax programs. Drake said he just knew there had to be a better way of preparing people’s taxes.

Drake bought an IBM computer for $22,385 in 1977 using borrowed money. At his son’s urging, his father mortgaged a piece of property to cover the cost. Drake was confident he could program the new computer — which, in fact, he did. Drake developed an accounting program that he was soon selling to other accountants.

He remembers boasting to his wife, “I’m going to be a millionaire by the time I’m 30.”

There was one problem with Drake’s plan, however. Each year the computer needed updating. The updates required new, expensive computers — not the relatively cheap, internal fixes you’d get today. Drake kept borrowing and buying new, expensive computers.

“I was $100,000 in debt just from buying computers,” he said.

Then he left the state and went to Kansas City for a time to help another company automate its tax service, putting faith in an on-site manager to take care of his business at home.

That didn’t happen. The Internal Revenue Service didn’t get its due in the form of payroll taxes. One day a federal agent informed Drake the IRS planned to padlock the family’s office door and seize their business equipment if the government didn’t get its money.

Drake didn’t have that kind of cash. He instead drove to Asheville, retained an attorney, and filed for bankruptcy.

Time seems to have helped heal the sting of that decision, and there’s clearly balm on the wound from having, Drake emphasized, paid back every dime to every creditor involved. He estimated that took about six years.

Drake described learning some hard lessons during those times. About not using money you don’t have, and about not getting out on a limb and sawing it off behind yourself.

“You know the only thing my wife and I could talk about then? Money. We didn’t have any, and that’s all I could talk about,” Drake said.

He’s self-critical, too, of the 100-hour weeks he once worked, remembering tearfully how one of his three children begged him over the phone, “Daddy, please come home.” Drake described his younger, driven self as “ornery,” a perfectionist who had difficulty letting workers write some of the most basic software code the business needed.

Now, he said, he hires good people and gets out of their way.

“I’m getting easier to work for,” Drake said.

And, he turned to his faith.

“This was a life-changing experience for me,” Drake wrote of the bankruptcy in an article published by the National Christian Foundation, on whose board he serves. “I came to the place where I finally said, ‘God, I’ve messed this up. From now on, I’ll manage your business, and Lord, would you manage mine?’”

The National Christian Foundation is based in Atlanta, Ga. It is the largest Christian grant-making group in the world, self-reporting that it has received more than $4 billion in contributions since 1982 and given more than $2.5 billion in grants to thousands of churches, ministries, and nonprofits. While board members such as Drake are technically elected each year, they are expected to serve for life.

An ‘angel’ investor

In a downward spiraling economy that has seen countless businesses go under, Drake has instead thrived — these days he’s emerging as a self-described “angel investor,” a man with enough money at his command to select only those investments that interest him. He likes to buy-in low, on the promise that the sellers will get their money back, and more, if the targeted business turns around. That minimizes his risk, and promotes cooperation to get the invested-in business moving in the right direction.

“We don’t pay more than we can sell it for tomorrow,” Drake said.

Bob Dunn, director of consulting for Mountain BizWorks, said Drake motivates companies he invests money into.

“His deals are tough love, but they have an attainable upside,” Dunn said.

Cecil Groves, a former president of Southwestern Community College who is overseeing BalsamWest for Drake and the Eastern Band, described Drake as a man who reaches business decisions quickly and decisively. Groves also sees Sharon Drake as a true partner of her husband, in every sense of the word, including in the business side of his life. Sharon Drake handled accounting and human resources for Drake Enterprises for two decades.

In addition to an ability to sift through facts and data quickly, Phil Drake has that near perfect pitch when it comes to timing on business deals. He was among the first in the nation to start filing taxes electronically, for example.

Drake is also a stickler for customer service — in January, just as the tax season kicks off, his business gets 14,000 to 15,000 calls a day from customers needing support using his tax software. Drake has call centers in both Sylva and Hayesville.

He expects the support line to be answered in three rings, an eight-second wait on average. This, Drake said, compares to the 45-minute wait time of some competitors.

Ron Haven, a Republican commissioner in Macon County, is an unabashed fan of Drake’s and of the business empire he’s built.

“He could have picked up and moved everything away,” Haven said. “But he’s stayed here instead in Macon County, and helped this community.”

Drake’s political future, if there is one

On YouTube there’s a video from an April 16, 2009, Tea Party event in Franklin featuring Drake. He sounds familiar Tea Party themes, such as: “you cannot legislate the poor into prosperity; you cannot borrow your way out of debt;” “If you take the resources from successful companies and reward those that are failing, that’s a picture of our bailout, and that’s unacceptable.”

For the most part, Drake appears on the video reasonably polished and smooth during this minor political foray. But there’s an awkward intellectual straddle when he attempts to pin the U.S. deficit, in large part, directly on abortion, which as a fundamentalist Christian, he strongly opposes.

“We have killed 30 million people who could work today and pay into the social security administration,” he told the crowd.

Drake said though he certainly would love to serve in Congress, he’s not really willing to run.

“I think I’d have some trouble,” Drake said. “I’m somewhere to the right of Jesse Helms. So getting elected might prove tough.”

The Drake empire:

• Drake Income Tax and Accounting: founded by Phil Drake’s father in 1954, Drake sold it to employees in 2004 for $1 on the 50th anniversary of the business’ founding.

• Drake Software: Software for accountants and tax preparers. Headquartered in Franklin, with additional call centers in Sylva and Hayesville.

• WPFJ Radio: Commercial AM station, Christian programming, in Franklin. Donated this year to Toccoa Falls College in Georgia, a Christian college. The move will save Drake Enterprises $50,000 a year, Drake said, and the college plans to continue with the same Christian-based music and programs.

• WNCSportsZone: Sports equipment and athletic shoes and apparel. Stores in Franklin and Waynesville.

• Dalton’s Christian Bookstore: Stores in Franklin and Waynesville.

• Macon Printing: A commercial printer in Franklin. Publishes The Real Estate Buyers Guide in five communities.

• PRemiere Marketing: Advertising and marketing agency based in Franklin.

• Franklin Golf Course: Nine-hole public golf course, driving range, pool.

• DNET Internet Services: Dial-up, DSL, wireless, webhosting. Based in Franklin.

• BalsamWest FiberNet: A partner with the Eastern Band in building underground fiber.

• TechPlace: Computer and cell-phone sales and repair, stores in Franklin and Hayesville.

• The Fun Factory: Family entertainment center in Franklin. Includes the Pizza Factory and The Boiler Room Steakhouse in the same building.

• The Smoky Mountain Center for the Performing Arts: 1,500-seat theater in Franklin, with orchestra pit and full staging; 80 events per year.

• EPS Financial: Process banking transactions and debit-card transactions. Based in Easton, Pa.

• GruntWorx: Converts scanned documents into readable and searchable PDFs and can import data into tax software. Originally based in Massachusetts, Drake moved the company to Derry, N.H.

• Stellar Financial: Drake is an investor in this Stroudsburg, Pa., company providing software and integrated management services for nonprofit donors.

• Sylvan Sport: Drake is an investor in a Brevard-based company that builds the “GO,” a camper.

• Galaxy Digital: Drake is an investor in this Asheville company that creates digital campaigns and works on web communications.

• Drake Capital: Drake is a partner in this Matthews-based real-estate acquisition and development company.

Macon County commissioners decided last week to try to buy the old Cartoogechaye School, raze it and build two ball fields on the site.

County Manager Jack Horton called a special board meeting last Friday after realizing the possibility of acquiring the old school on U.S. 64 west of Franklin was, literally, in its last moments. The Macon County Board of Education is auctioning off the old school to the highest bidder. A farmer, wanting the rich, flat bottomland where the school is built beside Cartoogechaye Creek for tomato fields, had entered a sole bid for $235,000. The 10-day “upset period” on the bid was about to expire.

In previous years, the county had considered purchasing the vacant school from the Macon County Board of Education, but had balked at the then $1 million fair-market asking price. That was just too much money, Commissioner Ronnie Beale said. But real-estate values have since plummeted.

The commissioners voted last Friday to put in an upset bid for $247,000 (each new bid must be at least 5 percent higher than the last one.)

If they could get the nine acres and a still serviceable gym for just a quarter million? Well, said Chairman Brian McClellan, a financial advisor in Highlands in real life, “I’d kind of consider this money out of the left pocket into the right.”

That’s because county commissioners serve as the funding arm of Macon County Schools. Commissioners noted they’d have a mental tally of the payment for Cartoogechaye Schools the next time there was a school board funding request.

Beale, who owns a local construction company when he’s not on duty as commissioner, noted septic and water are in place at the old Cartoogechaye School. The school building itself, he said, is not salvageable; but grading for fields wouldn’t be necessary because the land is already flat. There are some wet areas, but no actual wetlands, Beale said.

If the county gets the old school, they have schematics already drawn calling for the two ball fields, a restroom area and a concession stand.

“The recreation department would be able to do things a piece at a time, if they knew we had the land,” Commissioner Bobby Kuppers said. “Not knowing doesn’t allow them to plan.”

The new fields could allow the county to have separate locations for its adult and youth recreation leagues.

Another buyer could upset the new bid by commissioners, or the farmer could come back with a higher offer as well, within a 10-day period.

Macon County built a new school several years ago to replace the old Cartoogechaye School, which was declared surplus in October 2007, allowing it to be sold by the school board. It has been vacant since. An archery club uses the gym.

Commissioners had considered using the old school for a daycare, but the cost of renovating the building was prohibitive, Beale said.

Cherokee students and teachers have undertaken the first part of a long-term monitoring project of birds at the Cowee Mound in Macon County.

A group with the Robbinsville-based Cherokee language camp in July participated in a breeding-bird sample survey at the tribally owned mound. Shirley Oswalt led the effort.

The event proved an opportunity for the students to familiarize themselves with native bird species, the traditional Cherokee names for these birds, and with the historic property itself.

Staff from Southern Appalachian Raptor Research, a local nonprofit group dedicated to the conservation and protection of birds of prey in the southern Appalachians through monitoring, education and field research, organized the survey. Mike LaVoie of the Eastern Band of Cherokee Indians’ Fisheries and Wildlife Management program participated in the event, as did staff from the Land Trust for the Little Tennessee, which has been collaborating with the tribe on the management of the property.

The survey is part of a nationwide program known Monitoring Avian Productivity and Survivorship that is coordinated by the Institute for Bird Populations to monitor the health of breeding birds throughout North America. Last year, the Raptor Research group established a monitoring station in southern Macon County, and is continuing that work this summer.

“We chose the Cowee Mound site due to its diverse mix of early successional habitat along the floodplain,” LaVoie said. “Such habitat has been disappearing throughout the Southeastern U.S., yet is critical for the survival of many of our native wildlife species.”

Cowee is considered one of the most significant archaeological sites of the Mississippian period in North Carolina, when intensive agriculture first became established in the region. Pollen sampling has verified the presence of agriculture on these bottomlands dating back at least 3,000 years. The mound is thought to date from approximately 600 A.D. The council house of the Cherokee town of Cowee was located on this mound in the 18th century, at which time the town of Cowee served as the principal diplomatic and commercial center of the mountain Cherokee. For this reason, Cowee was also the center of significant historic events on the eve of the American Revolution in the South, including the target of the Rutherford Expedition in September 1776.

The 70-acre tribal property along the Little Tennessee River encompasses Cowee Mound and Village Site, which was placed on the National Register of Historic Places in 1973. The Eastern Band purchased the property in early 2007 with assistance from the Land Trust for the Little Tennessee and the N.C. Clean Water Management Trust Fund. The latter holds a conservation easement on the property that permanently protects its conservation values and prevents commercial and residential development.

The Macon County School system has changed its tune on the controversial preacher who delivered an overtly religious speech at Nantahala School’s June graduation ceremony.

Superintendent Dan Brigman initially defended the content of the speech in an article published in The Smoky Mountain News, but after receiving a complaint from the national Freedom From Religion Foundation, Brigman said “circumstances prevented a proper vetting” of the Nantahala graduation speaker.

Brigman said the school system “will ensure that future graduation speakers refrain from religious speech.”

In an Aug. 4 letter responding to the foundation’s complain, Brigman didn’t expressly say that the school had erred, but implied that the vetting process had failed when the Rev. Daniel “Cowboy” Stewart was picked as the commencement speaker.

Stewart offered prayers at the graduation and delivered a sermon that involved wrapping a student volunteer in ropes to demonstrate the hold of the devil.

Rebecca Markert, attorney for the Freedom From Religion Foundation, said she sent a letter to the school system after a local resident contacted the foundation with concerns.

Her letter, sent more than a month prior to Brigman’s response, asked that the school system take “immediate steps to ensure that religious ritual and proselytizing” stay out of graduations in the future.

In his response, Brigman defended the school system, saying that it didn’t and wouldn’t intentionally schedule a prayer or sermon. Markert, however, pointed out that the school should’ve known Stewart’s intent.

“Not only should the district have realized Stewart was apt to view the speaking engagement as a carte blanche invitation to abuse the situation to proselytize to a captive audience, but the district is on record endorsing his sermon,” said Markert’s letter. “Your very own public statements about the sermon expressed no disapproval.”

Indeed, Brigman told The Smoky Mountian News and other media outlets that he saw no problem with Stewart, as he had been chosen by the graduating students.

“It wasn’t a revival, but he had some strong encouraging words for the kids to make good decisions,” Brigman told The Smoky Mountain News after the graduation.

Student-led prayer is allowed in schools, but the law prohibits outside speakers or school-sponsored events from including religious elements such as prayers, sermons or Biblical object lessons.

Markert said this is a situation she sees quite often. The Freedom From Religion Foundation is a national membership organization with chapters around the country. It’s dedicated to preserving the separation of church and state.

“We cover a wide range of state-church violations,” said Markert. “The biggest complaints we receive are about religion in schools.”

As the staff attorney, Markert acts on those complaints, conducting background investigations and then sending what are essentially cease-and-desist letters and pushing issues into court when necessary.

She sends out between 10 and 20 letters a week, and mostly what she’s looking for in return are letters such as Brigman’s: a mea culpa of some sort and promise of better future behavior.

Mostly, she said, that’s what she gets, especially in school cases, because the law is so clear.

“I think there’s been rare occasions where we haven’t heard back and in those instances we have talked to the plaintiffs to see if they’re interested in suing. But really, it rarely every happens,” said Markert.

The school system’s response signals, perhaps, that they were aware of such a legal threat.

“Macon County Schools is committed to protecting the rights of its students, parents and teachers,” Brigman wrote in the letter. “We do employ a process to prevent the presentation of inappropriate materials to our students.”

This time around, Brigman referred all questions on the issue to the school system’s lawyer, John Henning. Henning said that the school system’s policy was not at fault, but it wasn’t exactly followed in this situation.

“The process that we would follow now is that presentations or materials that will be presented need to be reviewed by the principal and the principal will make a determination,” said Henning. Nantahala School Principal Robbie Newton died of cancer before the end of last school year, and the duty never fell to anyone else.

Henning, however, said the school system received no complaints from students or residents, but one other letter from a group called Americans United for the Separation of Church and State.

Macon County’s embattled planning board has agreed on a handful of basic construction guidelines for developers building houses and roads. This sets up a possible showdown between land-planning advocates and opponents to play out before the county commissioners.

Last week, the planning board voted almost unanimously in support of rules that would limit how high and steep cut-and-fill slopes can be. The planning board will call upon the county commissioners to adopt the rules.

“I hope they realize we need to address these issues,” Planning Board Chairman Lewis Penland said in anticipation of commissioners taking up the issue in September.

It marks the second time in two years the planning board has voted on such measures and sent them to commissioners. Last winter, the planning board approved a similar set of regulations — billed at the time as “guiding principles” intended to lay the groundwork for a much more comprehensive steep-slope ordinance. County commissioners signed off and gave the planning board the green light to move forward.

But the steep slope ordinance proved too controversial and was ultimately abandon by the planning board, which settled instead for the simpler guidelines — which will once again be sent to commissioners for approval.

Contacted after last week’s meeting, Penland said that in the hubbub surrounding the steep slope ordinance, he’d forgotten the planning board and previous board of commissioners had approved the principles one time before.

“It is almost like they got us chasing our tail,” he said.

Three of the five county commissioners have been replaced since the last time around, however, flipping the board from a Democratic majority to Republican majority.

But the regulations at least stand a chance of getting passed.

The most conservative of the new commissioners has indicated he’d support reasonable regulations. Commissioner Ron Haven, who vigorously campaigned against the adoption of a steep-slope ordinance when running last fall for public office, has told The Smoky Mountain News that he believes there must be some rules in place to guide builders and protect homeowners. It remains to be seen, of course, whether he and other commissioners will consider the planning board’s suggestions “reasonable.”

Commissioners Bobby Kuppers and Ronnie Beale, the two held-over Democrats, are already on the record last year voting for the principles. Commissioner Kevin Corbin has said he needs to review what the planning board presents before staking out a position; Chairman Brian McClellan hasn’t indicated which way he’s likely to vote, but he has pushed for the planning board to meet a September deadline, which it now has.

The planning board’s guidelines set general parameters for earth moving.

Before the shift from steep slope, discussions had disintegrated into arguments by planning board members over the validity of state landslide hazard maps, among other things.

That same volatility surfaced at last week’s meeting, too, leading Kuppers, who serves as liaison to the planning board, to caution members to “take a big, old, deep breath.”

Penland questioned why fellow planning board member Lamar Sprinkle took the podium during the public comment period at a recent county commissioners meeting and complained about other members of the planning board.

Sprinkle, a local surveyor who has consistently attempted to block efforts to develop either a steep-slope ordinance or general construction guidelines, described planning board members he disagreed with as “extreme ideologists” who were pushing a liberal agenda. He urged commissioners to derail the attempt to develop construction guidelines, a suggestion commissioners ignored.

Sprinkle defended going over the planning board’s head and publicly complaining to commissioners.

“I believe when a man continually uses his position to push his ideals, he’s not helping anything,” a recalcitrant Sprinkle said to Penland.

Planning-board veteran Susan Ervin fired back at Sprinkle, telling him: “I think it’s not appropriate to go to county commissioners and ask them to subvert the process we have agreed on.”

Sprinkle then made it clear that his main complaint — at least when it came to leftist agendas and leftist-agenda makers — was about Ervin.

“If you want to get into appropriate, we can get into appropriate … if you want to call names, we can call names,” Sprinkle responded. “I was talking about you, Susan.”

Though Sprinkle also told Penland, “I just think things have not been handled right — you’ve tried to suppress opposition.”

Jimmy Goodman, a point of past strife on the board and a historic opponent of planning efforts, emerged suddenly in a new, hitherto unsuspected guise as planning-board peacemaker.

Goodman urged the planning board to move on to actual planning-related discussions, a suggestion eventually followed. Kuppers encouraged Goodman with a hail-fellow-well-met of “Jimmy, I’m with you 100 percent — when you’re right, you’re right.”

And when he’s wrong? Kuppers didn’t touch on that.

Macon County officials, concerned by the growing numbers of residents here forced to travel over Cowee Mountain to Sylva for treatment, are pushing for a kidney dialysis center in Franklin.

Macon County is a Mecca of sorts for retirees and aging seasonal visitors — the 2010 U.S. Census showed the average age of all residents living here is older than 50. County officials, citing Macon’s aging population and growing numbers of residents requiring dialysis, has asked that the state adjust methods it uses to award the required certificate of need.

The state requires that new dialysis facilities be able to project a need for at least 10 dialysis stations, or 32 patients — at last official count, in the state’s semiannual Dialysis Report, Macon County had just 23 residents receiving dialysis.

But county officials dispute that number, saying that more than 30 dialysis patients currently drive U.S. 441 from Macon County to Sylva for treatment. Additionally, officials suspect there are some dialysis patients in the southern end of the county driving to neighboring Clayton, Ga., who aren’t included in that number. Nor, said Commissioner Ronnie Beale, has the state considered all of the part-time residents that flood into Macon County each summer, a boost that almost doubles Macon County’s official 33,922-resident population — some that, no doubt, require dialysis.

A resolution adopted in June by Macon County pointed out that the state’s rules for allowing a private company to consider building in a community doesn’t allow for developing a kidney dialysis center to serve end-stage renal disease — yet Macon County’s end-stage population is increasing by an average of 10 percent a year, according to county records.

End-stage renal disease is the complete, or almost complete, ability of the kidneys to function. There are only two ways for patients to stay alive once their kidneys stop functioning: dialysis, in which the blood is artificially filtered; or kidney transplant.

Additionally, the state uses a 30-mile radius for determining locations of dialysis centers — but, Beale said at a recent Macon County Board of Commission meeting, there’s simply no comparing driving 30 miles on Interstate 40 downstate to driving 30 miles on mountain roads.

“Because of the terrain of the mountains, the distance is much more time consuming and difficult,” he said.

That’s certainly what Juanita and Leonard Max Wiggins have discovered, too. The couple has owned a residence in Macon County for two decades, but only started spending half of each year here after both retired a few years ago. Leonard Max Wiggins, who is 75, experienced kidney failure, and in January 2009 started dialysis.

Initially, he was able to drive himself much of the time. But his wife has been driving lately.

“When he gets so weak, he just can’t make that trip by himself,” she said Monday.

Her husband goes to Sylva three times each week, with each treatment lasting four hours. It requires 40 minutes to drive there, Wiggins said, and during the time he is in treatment she usually spends sitting outside in the car working on crossword puzzles.

The situation isn’t so hard in Florida, with a dialysis center just four or five miles from their home. Then, Wiggins can either slip back home for the wait, or her husband can make the trip by himself since it is a shorter distance.

By leaving the area in November, the couple misses the added difficulties of driving over Cowee Mountain in the snow and ice.

Commissioners last week passed an official petition asking the state to adjust its need determination. There would have to be an adjustment made to the need determination contained in the 2012 N.C. Medical Facilities Plan.

If granted, “hopefully private companies (would then) come in and determine if it is profitable for them to establish a center,” Chairman Brian McClellan said.

What is dialysis?

Dialysis is a medical process in which blood is cleansed of toxins the kidneys normally would flush out. It’s used when a person’s kidneys no longer function properly. This can be a result of congenital kidney disease, long-term diabetes, high blood pressure or other conditions.

Dialysis may be either temporary or permanent, depending on the person. If a dialysis patient is waiting on a kidney transplant, the procedure may be temporary. However, if the patient is not a good transplant candidate, or a transplant would not alleviate the condition, dialysis may be a life-long routine.

A new group has formed to counteract a recent landslide of opposition to steep-slope regulations in Macon County.

“We realized that there are a lot of people out there who don’t go to these meetings — and I count myself among them — and who aren’t real vocal, but who have strong feelings about these issues,” Kathy Tinsley, spokeswoman for MaconSense.org, said Tuesday.

The new organization has created a website with information about the issue, and launched a petition to encourage Macon County residents to express support for a steep-slope ordinance.

Tinsley said six to eight people organized MaconSense.org. She expects more in the county to join as word gets out. Tinsley’s brother is Al Slagle, a planning board member. Slagle chaired the steep slope subcommittee tasked by commissioners to write a recommendations for an ordinance, a project it spent two years on.

A news release this week issued by MaconSense.org noted the group also plans to organize petition drives, plan public events and run public-service advertisements.

The new group is not limiting itself to the slope development issue, according to Tinsley. It hopes to bring together citizens “of all walks of life and political persuasions to advocate for common sense solutions to important issues facing the county,” the news release stated.    

“Regular people have been pushed out of the process by all the heated rhetoric,” Tinsley said. “That’s a shame. We need our elected officials to move past partisan bickering and get back to serving the public interest. The only way that is going to happen is if citizens feel like they have a say in the direction of our county.”

MaconSense.org has a steep slope of its own to overcome the momentum built already by opponents of planning regulation. At the website www.propertyownersofamerica.org, Macon County residents are warned they could “lose the right to build on your own land” if regulations were passed; and that such regulations would add at least $8,000 to the cost of building.

Mission of MaconSense.org

“The Macon County Planning Board recently voted to table the slope ordinance. Many have asked how the planning board’s decision impacts our campaign to build public support for the ordinance? The simple answer is — it doesn’t. The problem still exists and the solution is still the same. Our task is to send a clear message that the people of Macon County support a slope ordinance. Period. That doesn’t change no matter what political procedures are employed.”

According to MaconSense.org, a slope ordinance would benefit the county by:

• Protecting property rights.

• Promoting economic development.

• Supporting local business.

• Reducing the risk of catastrophe.

• Preserving our valuable resources.

Source: MaconSense.org website.

“Finishing the conversation” has become something of a catchphrase lately in Macon County. It’s a really diplomatic way of saying that while the planning board should keep plugging away at construction guidelines, there’s no guarantee the building regulations they develop will do anything more than sit on a shelf and gather dust.

County Planner Derek Roland created a new twist to the now-well worn phrase, however, when asked whether he believes his beleaguered planning board can accomplish anything at all.

“This gives us a new starting point to continue that conversation,” Roland said in a recent interview.

After more than two years of developing a steep slope ordinance, the Macon County planning board decided to table the work. It salvaged a few of the more salient building rules in a set of construction guidelines, such as hillside excavation and compaction of fill dirt.

County commissioners last week approved the planning board’s change of course.

Before commissioners made their decision, however, Planning Board Member Lamar Sprinkle, a local surveyor, took advantage of the county commissioner’s public session to lob a few grenades at those he disagrees with on the planning board.

He described them as “extreme ideologists … who have their own agenda they want to put forward.”

“The planning board is irreconcilably divided at this time,” Sprinkle said, adding that in his opinion, commissioners should shoot down any attempt by the planning board to work on general construction guidelines.

“It would be really difficult for us to sit down and come up with standards for the county,” Sprinkle said.

Additionally, Sprinkle told commissioners, developing standards such as these should be the work of professionals in the construction field and not be left to amateurs on the planning board lacking the necessary expertise.

Planning Board Chairman Lewis Penland has described the 13-member board as a hung jury unable to reach consensus on a possible steep-slope ordinance. Penland hopes by steering clear of the more controversial parts of a steep-slope ordinance — the very name, the state landslide maps that were used as a baseline, the steepness of slopes triggering regulations, whether Wildflower subdivision’s roads are being unfairly targeted as bad just because a couple fell off the mountain — he can steer the planning board through the more basic construction guidelines.

Commissioner Bobby Kuppers, liaison to the planning board and creator of that popular phrase, “finishing the conversation,” told his fellow commissioners he supported altering the group’s direction.

“We need to allow them to finish the job,” Kuppers said in a new twist on the original.

Commissioner Ron Haven asked what timeframe the planning board would now be on, and Kuppers replied that he believes the board would still be able to report back to commissioners in September, as instructed.

Chairman Brian McClellan reiterated that point, saying, “We’re still looking for September recommendations.”

The planning board is set to meet again Thursday, Aug. 18, beginning at 5 p.m. in the meeting room at the county’s public health center.

Roland, asked to predict what could hang up the 13-member board this time, said he believes compaction will prove a big issue, and “that cuts and fills will certainly be something we’ll discuss.”

That, of course, pretty much covers the guts of the proposed general construction guidelines in Macon County.

Condensed general construction guidelines

• Fill material must be free of organic or other degradable materials and properly compacted before building.

• No excavated slope can be taller than 30 feet in vertical height.

• For cut slopes more than 8 feet and 30 feet in vertical height, the slopes can’t exceed 1.0 vertical to 1.5 horizontal.

• For fill slopes between 5 feet and 30 feet in vertical height, the slopes can’t exceed 1.0 vertical to 2.0 horizontal.

• A bench with a minimum width of 5 feet must be constructed at the toe of any fill slope greater than 5 feet in vertical height. Fills greater than 10 feet in vertical height must have a bench at the toe of the fill with a minimum width of 10 feet, and an additional 5 foot wide bench for each additional 5 feet in vertical height.

• The planning office can waive rules if justified by an engineer.

Backlogged sediment can’t be allowed to build up forever, said John Dorney, wetlands and stormwater program development supervisor for the N.C. Division of Water Quality in Raleigh.

“It becomes one big mud flat,” Dorney said.

But Duke Energy District Manager Fred Alexander disputes that Duke will be made to dredge sediment from the lake.

“Let me be perfectly clear. We are NOT dredging Lake Emory,” Alexander said in an email response to The Smoky Mountain News.

Alexander said that Duke may do some “limited sediment removal,” but not a comprehensive dredging of the entire lake.

“That is not in our plans, nor a regulatory requirement,” Alexander said.

Yet according to a state water quality permit, how much sediment Duke will have to remove is not yet determined.

Duke is being required to develop sediment management plans for dams on the Oconaluftee River in Swain County and on the Hiwassee in Clay County. All three are known as “run-of-the-river” dams, where the respective dam transforms the river behind it into slow-moving backwater — more so than a bona fide lake. Lake Emory, located near Franklin, is 174 acres in size.

The state Division of Water Quality mandated that Duke address sediment removal as a condition of the water quality permits issued for all the three dams in summer of 2010.

“It could be one thing they have to do is dredge,” Dorney said.

The same requirements are being copied verbatim into the federal licenses for the dams being issued by the Federal Energy Regulatory Commission. Once issued, Duke “will absolutely have to develop a sediment management plan,” said Mark Cantrell, a biologist with the U.S. Fish and Wildlife Service. “FERC indicated Duke would need to include some management and not just monitoring — and that could include dredging.”

With Duke’s license for the dam up for renewal, that opened the door for new sediment rules to be imposed. And state and federal environmental agencies walked right in.

In short, Duke must conduct a sediment pilot study at one of the three dams, and a long-term sediment management plan after that. Cantrell said once the license was issued, it would trigger the sediment management plan within approximately the next six months.

Dorney knows Duke needs to do something about the mounting sediment behind the dams, but exactly what that should be — how much should be removed, how often, by what means — is up in the air pending the pilot study.

“We just didn’t know enough about how big the problems are and how fast they are developing and what mechanisms could solve the problems,” Dorney said. “The pilot study will get us that additional information.”

Dorney foresees Duke being made to remove some sediment from above Porter Bend Dam one way or another, however.

“That is the intent,” Dorney said.

And there’s only two ways to do that: dredge or flush it downstream.

When Duke tore down the Dillsboro dam, it lobbied hard for the “flushing” option. It argued that simply flushing the estimated 100,000 cubic yards of sediment downstream a bit at a time wouldn’t hurt the environment. It was also the cheaper of the two options. Ultimately, however, state and federal environmental agencies made Duke excavate much of the sediment (more than 63,000 cubic yards) from behind the dam rather than flushing it.

Dorney said it is too early for Duke to say whether it will or won’t dredge Lake Emory; and, he said, Duke isn’t the one that gets to decide that.

“They would have to say at this point they don’t know if they will have to do any dredging pending the results of the pilot study,” Dorney said.

The decision ultimately rests with the state and federal environmental agencies overseeing the water quality permits for the dam operations.

At stake is one of the most unique stretches of river in the eastern U.S., 13 miles of the Little Tennessee River, essentially unpolluted, uncontaminated and undeveloped.

“It is really incredible,” Cantrell said.

Which means there will be a whole lot of eyes watching as Duke develops a sedimentation management plan.

Dorney said in his view, it isn’t good for every grain of sediment in the river to get blocked by the dam.

“There is some concern about the river being sediment starved downstream from the dams,” Dorney said.

That may mean flushing some sediment downstream periodically.

“If they release some, that would get it out of the lake of course, but if you release too much it would destroy downstream, so it is a balancing act,” Dorney said.

There is only one caveat that would tip the scale against sediment removal, and one that just might come into play in Lake Emory.

Industrial pollution downstream from Lake Emory could have accumulated in the sediment over the years, and stirring it up could be bad news, according to water quality advocates with the Little Tennessee Watershed Association. (see related article.)

Dorney said that is definitely an area that needs more research, but doubts it would be a deal killer.

“If they did the studies and determined there would be more damage to the environment by removing it than leaving it there,” Dorney said. “But that isn’t likely.”

More often, the contaminants would be leaching out anyway, so removing them is still the best option.

Cantrell said toxic muck is “a legitimate concern.” He said there are detailed studies under way by Western Carolina University to try and pinpoint why there’s been a mussel-population decline below Lake Emory.

Cantrell said there are measurements that are indicating excessive levels of copper and other metals in Lake Emory, “and we are concerned about that being transmitted downstream.”

There’s a story, perhaps apocryphal, about how a bunch of drunks overturned their boat one night in Lake Emory just outside of Franklin.

Macon County’s emergency services and law enforcement turned out en masse. They arrived to discover the drunks bobbing about holding onto the sides of their boat, desperately awaiting rescue. The cops studied the situation for a moment; then cupped their hands around their mouths and hollered out: “Put down your feet.” The drunks did as bidden, and walked unaided to the shore across silt-filled Lake Emory.

That’s an amusing tale — unless your home happens to be situated next to the 174-acre lake, as is the case for Shirley Ches and her husband, Jim.

The couple moved to their lakefront home in Franklin about 20 years ago. They were excited about living in the mountains and alongside water in an area they both loved. While they remain enamored with the beauty of these mountains and the region they call home, these days the couple has soured on the whole lakefront experience.

Shirley Ches, in particular, is frustrated by the silt and downed trees in Lake Emory. She is irritated by years of promises made by county and town leaders that something will be done, only for nothing to ever actually happen. Ches is tired of studies in Macon County that don’t lead to action; of talk that hasn’t led to results.

The silt buildup, Ches said during a guided walking tour along the lake of the couple’s slice of paradise, is the end result of storm damage that started with the blizzard of 1993 and continued with numerous tropical storms in the years that followed.

Before and after pictures tell the story visually. Back at the house, Ches has spread out photo albums on the dining room table for her version of show-and-tell. There are photos of Jim fishing, and of her grandchildren playing in the lake, pictorial reminders of all-around-fun-times in the mountains that people who retire to Western North Carolina dream about when they are living in hot and sandy Florida.

Then came those storms. Silt from development upstream, from the former town dump on Radio Hill nearby, from virtually everywhere that can be conceived, poured down into Lake Emory, Ches said.

SEE ALSO: To Duke’s chagrin, dredging may be in the cards for Emory

The lake is positioned a short distance below the convergence into the Little Tennessee River of the Cullasaja River, Cartoogechaye Creek and smaller tributaries.

Trees, too, were knocked down in these storms. The trees washed into the lake, helping to fill it with more debris and provide still more crevices for silt to build up against.

Ches’ photographs of her grandchildren playing in Lake Emory transition to ones featuring her son. He’s wading in mud, acres and acres of mud, with a chainsaw in hand, cutting trees downed by the storms. Sisyphus-like, really, in his efforts to help his parents reclaim their dream — one man cannot cleanup a lake, however, no matter how determined he might be.

The lake, it seems, is headed for a future as a shallow wetland at best, mudflat at worst, if years of accumulated sediment aren’t dredged by Duke Energy, which owns the lake and dam as part of its hydropower network.

A developer’s dream

Lake Emory doesn’t just represent an implosion of the dream Shirley and Jim Ches once had of the merry life they’d lead once residing on its shores. Lake Emory is one of the first of the many boom-and-bust housing developments that today litter WNC and scar the region’s mountains — dollar signs turned to dust, a ghost lake of sorts.

That said, Lake Emory does have its own beauty, sort of. There is something primordial about this shallow lake — the silt has formed into islands here and there. It’s sort of like watching the earth form. There are large expanses of wetlands, too. Birds, insects and wildlife use the lake, and locals do catch fish here, though it’s not exactly a Fontana Lake-experience. There are not going to be any national bass-fishing competitions anytime soon on Lake Emory, as any large bassboats launched in Lake Emory might run aground.

Like Fontana, and most of the lakes that dot WNC, Lake Emory is manmade.

In the 1920s, a group of residents formed the Lake Emory Company and started pushing for a lake in Macon County near Franklin. They wanted it for fishing, swimming and boating. They also wanted a power dam to generate electricity for the local community, plus a golf course and a 75-room motel to attract tourists, according to a history of the project compiled by Jamie Johnston, the former executive director of the Little Tennessee Watershed Association, a locally based conservation group.

The lake, the group decided, would be stocked with a variety of game fish for sportsmen, and hunters could come and shoot the many ducks that surely would use the lake for nesting and resting on their migration routes to other place.

The lake was expected to attract thousands of visitors. Estimates of projected income varied from $750,000 to $1 million annually, according to news accounts at the time.

Lured by these promises, the Town of Franklin in 1925 created Lake Emory by funding a $300,000 bond to pay for a 35.5-foot tall, 463-feet long dam on the Little Tennessee River.

The town owned the dam; Lake Emory Company was left to market and develop the surrounding property. That part of the project never really got off the ground, however. There would be no motel, and no golf course — just a small hydroelectric dam that sucked up Franklin taxpayer dollars at an alarming rate.

The town eventually offloaded the dam to Northwest Carolina Utilities, only to see ownership return when the company failed to make a bond payment in the early 1930s.

In 1932, the town transferred title to Nantahala Power and Light Company, which later morphed into Duke Energy. Today, the two hydro generators at Porter Bend Dam on Lake Emory produce just more than one megawatt. This, according to Duke District Manager Fred Alexander, represents a mere 1 percent of the generating capacity of Duke hydroelectric projects in its Nantahala Area of southwestern North Carolina.

Reasons not to dredge

A hop, skip and a jump away in Haywood County, a similar situation developed over the years at Lake Junaluska: silt filled the manmade lake there, too. But unlike at Lake Emory, the question in Haywood County wasn’t whether to dredge, just about how to actually pay for dredging. Once that was solved, dredging promptly took place, and the lake was again a showpiece for those living along its shores. Dredging is now done on a routine schedule every few years.

That, however, isn’t the case in Macon County. Lake Emory, unlike Lake Junaluska, isn’t home to a group of well-heeled Methodists with united will and enough money to get the job done. Lake Emory is a place where everyday people such as Shirley and Jim Ches live in small, modest homes; outsiders, for the most part, without much political clout.

Last month, if there wasn’t already enough to hinder anything being done (and at least two of the town’s aldermen were then pushing for dredging), one of the region’s most respected environmentalists weighed in with his reasons not to dredge Lake Emory.

Macon County resident Bill McLarney, who oversees biomonitoring work for the Little Tennessee Watershed Association, strongly cautioned against digging into the muck that makes up Lake Emory. McLarney, during a noontime luncheon and unveiling of the group’s State of the Streams report at a League of Women Voters’ meeting, said he worried dredging Lake Emory would risk stirring up monsters of the deep — toxic pollutants that could be buried deep in the silt.

There were great amounts of questionable materials being discharged into Lake Emory in the 1960s from plants in neighboring Rabun County, Ga., McLarney said, in those years before federal regulations came into play to prevent toxic spewing.

Churn that stuff up, and you risk the overall health of the 13-mile stretch of the Little Tennessee River below Porter Bend Dam, he said.

“I really hadn’t thought about that before,” Franklin Alderman Bob Scott, formerly a proponent of dredging Lake Emory who was pushing Duke to get off its duff and do just that, said after hearing McLarney.

Scott left convinced a lot more study needs to take place before any silt gets disturbed, if it ever does.

Ches, too, was at that meeting. An avid Democrat, a frequent letter writer to local newspapers on a variety of left-leaning issues, she is frustrated by the reactions of what would normally constitute her natural allies — a liberal such as Scott, an environmentalist such as McLarney. Even the local sportsmen haven’t readily embraced her dream of a lake where they could more easily hunt and fish and play.

Who really can say that dredging wouldn’t actually help the Little Tennessee River? Ches argued. And, she added, while she cares, too, about those little creatures in the river just like McLarney does, she and her neighbors are the ones who have to actually live next to the lake.