Not long ago Kristina and Bruce Oliver invited a local couple they’d met in nearby Franklin to come play cards with them at their newly constructed house in Diamond Falls Estates.

The phone rang about the time the visitors were expected to arrive at the subdivision, a 285-acre development in the Cartoogechaye area of Macon County bordered on three sides by the Nantahala National Forest.

The local couple apologized and said they’d misunderstood the Olivers’ directions. They had driven somewhere else by mistake. They were lost in a construction zone and weren’t sure where they were or which way to go next. Not to worry, Kristina assured them after getting a description of what the couple saw from their vehicle’s windows. Just keep going, Kristina said, that house on the hill a short distance ahead was indeed the Olivers’ new home.

Drive into Diamond Falls Estate, just out of sight of the entrance gate and the ubiquitous-to-every-mountain-development clubhouse, past the perfectly manicured expanse of lawns, and you might understand why that visiting couple was confused. The subdivision does indeed in places resemble a construction zone, even now some two years after buyers started handing over dollars for lots in what the developer touted as “North Carolina’s latest green community.”

“The primary issue is the roads. We were all told that they would be paved,” Oliver said. She and her husband paid $61,000 for their lot and built a two-story house that was completed last fall.

“We’ve put a good chunk of our retirement savings into this,” said Oliver, a former financial controller and vice president of finances for a specialty store chain.

On this rainy day the roads in Diamond Falls Estates were rough quagmires of gravel, red subsoil mud and pools of water. Without four-wheel drive, they would be impassible. The Olivers, who live fulltime in Birmingham, Ala., purchased a full-sized Nissan four-wheel drive pickup truck because, they said, of the poor condition of the subdivision’s roads.

‘A bill of goods?’

Michelle Masta and L.C. Jones of Franklin represent Diamond Falls Estates’ developer, Shirley Buafo. A message left with Buofo’s secretary at her workplace Monday in Macon, Ga., went unreturned as of press time.

To hear Masta tell it, Oliver is a bad apple spoiling an entire barrel of subdivision fun. Masta flat out accused Oliver of “telling lies” about the true situation in the subdivision. Masta said that there aren’t any issues with the roads in Diamond Falls Estates. At least, she said, on the part of the developer of Diamond Falls Estates. The real estate company that might have made promises buyers relied on? Well, that’s a different matter.

“I don’t appreciate Kristina Oliver making accusations that aren’t true,” Masta said. “We are doing everything we can out there. If a real estate agent told them something that was not true, we have no control over that – they need to go after the real estate company or report it to the N.C. Real Estate Commission.”

Masta said, not entirely accurately, that Oliver is the only one of 65 lot owners in Diamond Falls who “has a problem.” In fact, other homeowners besides Oliver are also concerned about the roads.

“We were sold a bill of goods,” lot owner Mark Moore of Atlanta said bluntly in a telephone interview.

But, Masta is correct in noting that not every lot owner is unhappy about the subdivision’s progress. Catherine Shea of Florida, who with her husband owns two lots in Diamond Falls Estates and is building on one of them next to Oliver, said she has found Masta and Jones responsive to issues and complaints.

“I’m not concerned yet; I’m really not,” Shea said.

Not that she’s A-OK with the condition of roads in the subdivision, either, however.

“The real culprit in planting a seed of negativity in Diamond Falls was the real estate company,” Shea said. “They out and out lied.”

That would be the group that marketed Diamond Falls on Oct. 4, 2010, when many of the lot owners first saw the Macon County subdivision.

“We’re not the bad guys,” Masta said of the development side of Diamond Falls Estates.

Expect tenacity

The chirpy advertising slogans that worked to attract buyers in 2010 sound so inviting: “indulge in an oasis away from the everyday;” “pure natural beauty preserved for the fortunate few.”

And there’s this paragraph in the online sales literature: “Have peace of mind knowing that protective, yet simple, building covenants will help maintain the overall beauty, theme and value at Diamond Falls Estates.”

Oliver finds it difficult to overlook the audacity of that sort of sales pitch. But, you are mistaken if you believe she’s angry. Oliver isn’t a woman who wastes much time on anger: a member of Mensa International, the high IQ society, she’s marshalling her facts and figures and laying out a strategy for moving forward. She and husband Bruce are members together in the society, a fact that was mentioned incidentally when the discussion turned to Western North Carolina’s own serial bomber, Eric Robert Rudolph, who blew up an abortion clinic in Birmingham. The Olivers, it turned out, were in Mensa with nurse Emily Lyons, who was disfigured in the explosion.

Moore said those involved have likely just crossed paths with one very intelligent woman who will work without respite to hold them accountable. Moore said he and some others in the development rely on Oliver to keep them abreast on what, for now, they claim is a lack of development in the development.

Few regs, big loopholes?

Some of the roads in the subdivision are an undeniable mess. But it could have been worse, Oliver told commissioners during a public hearing last week on planning issues (see accompanying article). That’s because the county’s subdivision ordinance will require the development company to pave the roads in at least a portion of Diamond Falls Estates, she said.

Development in Diamond Falls Estates was divided into two phases. The second phase, which included Oliver’s lot and house, was bonded, ensuring that the road will eventually be paved. This thanks to the subdivision ordinance, which was passed, enacted and amended by the time she and her husband bought a lot there last year.

A void in planning regulations is hampering development in Macon County, Oliver said. Not, as developers and anti-planning forces claim, the other way around.

“And there are a million regulations that are imposed by the developer on home owners,” Oliver said. “They just don’t want any imposed on them.”

Dan Kelley, another lot owner in Diamond Falls Estates, made a similar argument in an email sent to planning board member Al Slagle that was provided to Macon County commissioners.  

“I know of four other houses (in addition to his) that would currently be under construction if not for the lack of development in Diamond Falls,” Kelley wrote. “My position on this and others within Diamond Falls is the quickest way to stifle business is for the word to get out that promises are not being honored.”

That said, Kelley wrote a follow up the next day via an email. Masta provided Kelley’s follow up to The Smoky Mountain News. That second email noted: “I do expect promises to be kept but at the same time I believe that L.C. (Jones) has acted in good faith to comply with owners’ needs.”

Kelley noted that he believes “the main issue” involves the original real estate company “promising roads completion and then when people go to Diamond Falls and see that no roads have been asphalted that leads to suspicion and people drawing conclusions.”

For his part, however, Moore is refusing to build until there is clarity about whether the roads will or will not be paved in Diamond Falls Estates.

“I’ve always wanted to have a house back up in the mountains,” the Atlanta resident said by phone late last week. “This looked perfect, and I loved the lot.”

Moore planned on building a 2,700-square-foot house, initially to serve as a second home and ultimately to become a retirement destination. Moore has the architect’s design already in hand. He estimated that it would probably cost him a total of $700,000 to build, which isn’t chump change to local builders and contractors struggling to survive in a dour economy.

“But I’m just not going to spend that kind of money until the roads are done,” Moore said. “It’s crazy — those are four-wheel dirt tracks.”

When it comes to fundraising, there are a lot of different methods employed to get attention and raise critical dollars for doing good deeds. The Macon County Community Foundation, however, stands out from a crowded field with its annual mystery dinner theater.

Because in this community, the nonprofit doesn’t just hire an acting group to come into town and put on the entertainment — here, and in the recent past in Swain County under the guidance of that community foundation, members of the Macon County group’s board put their dignities on the line and participate as actual actors.

This puts Franklin Mayor Joe Collins in the role, this year, of Jack in “The Grimm Tales of Mother Goose.” Jim Breedlove, a school board member, stars as the Big Bad Wolf. Louise Henry appears as Mother Goose, Michele Hubbs as Mary, Mary, Quite Contrary, Theresa Ramsey as the witch and Sue LeLievre is Jill.

LeLievre, the Franklin-based regional associate for the N.C. Community Foundation, said the dinner theater play, “The Grimm Tales of Mother Goose,” came with the warning “not for children.”

“It may be a little suggestive,” she said, “but it really is funny.”

The production pokes fun at the uptight “politically correct” atmosphere of the 1990s while standing the traditional nursery rhymes on their heads. Among the twists, Mother Goose is worn to a frazzle trying to fend off the “PC Police” and prevent her characters from ending up in the tabloids. The Old Woman in a Shoe appears as the original “gimme girl,” and the audience learns what Snow White was really doing with those seven little dwarfs.

“When we started these dinner theaters, people were nervous about being in them,” LeLievre said, adding that now, however, the various community members more-or-less eagerly seek out roles.

Breedlove, for instance, a particularly mild-mannered man, inevitably goes for “cad” characters.

“And it’s not a bit like him,” LeLievre said. “But, he really gets into the part.”

Breedlove said he enjoys participating in the plays, and if the audience has fun the actors have fun, too.

“We get to step outside our normal routines and act silly for a while,” Breedlove said.

Members of the cast throughout the performance enjoy adlibing lines. Which is terrifically funny, LeLievre said, except when you are waiting on a cue to start your part in the play.

“You really never know what’s going to happen,” she said.

The audience participates by solving a mystery included in the mystery theater performance. Macon County Planner Derek Roland is starring as the “detective” in charge of that part of the entertainment. He denied being nervous, saying it’s simply performing in front of the community where he grew up and that already knows him well.

“They already understand I’m an idiot anyway, so it’s not like I’ll be a bigger idiot,” Roland said. “It sounded like fun.”

Want to Go?

What: Mystery Dinner Theater

Where: Franklin, Fat Buddies BBQ

When: 6:30 p.m. on Thursday, Feb. 23; Friday, Feb. 24; and Saturday, Feb. 25

Cost: $35 per person; includes dinner

Reservations: 828.524.5200

Land planning, that perennial lightening-rod topic in Macon County, will likely shape if not outright dominate the upcoming campaign for three of the five county commissioner seats.

Up for election in Macon this year are Republicans Kevin Corbin, Jimmy Tate and Democrat Bobby Kuppers.

The current five-member board has been mired in debates about land regulation, with opponents vigorously attempting to block any county efforts toward regulations, and proponents equally intent on seeing something — anything — put on Macon County’s books.

Chairman Kevin Corbin, a Republican who will seek re-election, said the land planning debate certainly dominates discussion. But he said there’s more to conducting the county business than any single issue.

“I think it’s part of it, and it gets a lot of attention. But the truth is, the county commissioner’s role is so broad,” Corbin said. “It’s only a part of what we are doing.”

That might be true, but there’s also no doubt that Macon County’s ongoing battle to determine what role, if any, the county will play in shaping development is going to be at play in this election.

“I think it will, and it’s a discussion that needs to be had,” said Democrat Commissioner Bobby Kuppers, who filed for re-election on Monday seeking a second four-year term in office. “I want us to have a good-spirited discussion.”

Kuppers is facing competition from a Democratic challenger, Rick Snyder, and said that he expects Republicans will vie for the seat, too.

“But I don’t know who that would be, but I’m sure that they will,” he said. “I’d be very surprised if there is not a Republican running.”

Snyder said that he was running because he thought there was “need for a new direction,” with an emphasis on job creation. Snyder manages properties in Macon County. He said land-planning issues, however, were not triggering or influencing his decision to run.

One of the current commissioners up for election, Republican Jimmy Tate, was previously a member of the planning board. He only recently was appointed to fill an empty seat on the board of commissioners. Tate, like most of the other candidates, said he does expect planning issues to heavily influence the upcoming election.

“I wish that weren’t true, but I think it will be,” the Highlands resident said.

Tate said he does believe in land planning, and that he believes there are ways for the county to move forward on the issue.

Musical chairs makes Macon election complicated

Macon County’s commission race is complicated to say the least.

Two of the three commissioners whose seats are up for election landed on the board of commissioners after being appointed — not elected — to fill vacancies left by outgoing commissioners in the middle of their terms.

Commissioner Jimmy Tate, who is from Highlands, has only been on the board for a couple of months. He was appointed to fill the seat of former Commissioner Brian McClellan, who resigned in November following his second DWI charge. Tate, if he indeed runs as expected, will be running to fill McClellan’s unexpired term: the seat will open again in 2014.

Kevin Corbin, in turn, was appointed to fill out the remainder of state Sen. Jim Davis’ term after the commissioner-turned-state-politician beat state Sen. John Snow, D-Murphy, during the last election. Corbin, who filed for election Monday, is not like Tate filling an unexpired term; his would last for the standard four years.

Swain County’s Board of Elections will decide this month whether it is worth several thousand dollars to operate an early voting site in Cherokee again this election year.

The three-member election board all agreed the county might not be able to afford an early voting site in Cherokee this year. However, they disagree on whether low turnout at the site during the 2010 election should be a factor in the decision.

“(Money) is really the only factor,” said Mark Tyson, a member of the three-person board and a Democrat. “I am really hoping that we are able to provide the voting site in Cherokee.”

The board of elections currently doesn’t have the money in its budget to cover the cost of an early voting site in Cherokee, but intend to ask county commissioners for an additional appropriation.

Without the additional location, Cherokee residents will again have to drive to the board of elections office in Bryson City if they want to vote early — a more than 20-minute trek. And, for those living in the far reaches of Cherokee’s Big Cove community, the trip is more like 30 to 40 minutes.

“That is a heck of a drive,” Tyson said.

Election board member Bill Dills said he is in favor of keeping the location in Cherokee as long as it is worth the cost.

“To me, the function of the Board of Elections … is to provide people the opportunity to vote, the way they want to,” he said. “What I want to see is how we can work with those people and get them to take advantage of early vote.”

The board spent about $3,500 to run the site in 2010 and only 226 people used it to vote during that election.

“When you break that down cost wise, it’s not efficient,” said Joan Weeks, director of Swain County’s Board of Elections.

Board of Elections chairman James Fisher echoed a similar sentiment, adding that there is no way to know what the turnout will be this time around.

“We are not against having (early voting) on the reservation or anywhere,” he said. But, “it’s not worthwhile if it’s not used.”

The 2010 election was the first time an early voting site was offered in Cherokee and may need more time to catch on.

Tyson and Dills said they believe more voters will turn out at the early voting site in Cherokee if it is offered again this election.

“Because it was new, a lot of people didn’t know it was there,” Tyson said, adding that the 2010 election did not include a presidential race.

States often see a spike in voter turnout during presidential election years such as this year.

“I think we would see a larger turnout from there,” Tyson said.

However, Dills said that the board did everything it could, including talking to tribal leaders and posting a notice in the tribe’s newspaper, to inform voters about the new site.

“I don’t know what else you could do to make people aware,” Dills said, adding that “a large number” still drove to Bryson City to cast their ballots early.

The cost of holding an election comes from county coffers, namely property taxes. Residents on the Cherokee reservation don’t pay property taxes in Swain County, however, so they don’t directly contributing to the expense.

But the economic benefit — from jobs to tourism — that Swain reaps from the tribe and its massive casino operation far outpaces the about $3,500 outlay the county would pay to staff an early voting site.

The election board plans to meet with Larry Blythe, vice chief for the Eastern Band of Cherokee Indians, to ensure that the tribe indeed even wants the early voting site. In 2010, the tribe worked with the election board to provide a suitable site.

Not having a site would “put people at disadvantage,” said Principal Chief Michell Hicks.

Tribal Council member Perry Shell said that the purpose of the Board of Elections is to make it as convenient as possible to vote.

“I think it’s important that people have every opportunity to vote,” said Shell, who represents Big Cove.

Board members emphasized that discussions about this year’s early voting sites have just begun. The county has until March 1 to submit its list of early voting sites to the state. Early voting for the primary begins April 19 and ends May 5.

“We just opened initial conversations about it,” Fisher said. “A whole bunch of this scuttlebutt is much ado about nothing.”

The board decided to place a voting site in Cherokee prior to the 2010 election after an elderly Swain County resident and member of the Eastern Band of Cherokee Indians made a formal written request.

Early voting has grown steadily in popularity after the state passed a new law in 1990s mandating that the convenient ballot casting be made available to the masses. Before then, it was only an option for the elderly, disabled or those with a qualified excuse that prevented them from getting to the polls on actual Election Day.

Going the distance

Of course, Cherokee residents aren’t the only ones in Swain County who face a long haul into Bryson City to take advantage of early voting. People in Alarka and Nantahala have similar distances to drive.

Fisher said he would like to have early voting locations everywhere, but with everybody tightening their budgets it would not be feasible.

John Herrin, a former member of the Swain election board, pointed out that Cherokee is a population center, whereas residents in other parts of the county, despite being a good distance from Bryson City, are more dispersed.

“You have quite a few registered voters in that area,” said Herrin, who helped set up the early voting site in Cherokee in 2010.

Cherokee residents are less likely to come into Bryson City in the regular course of their lives, while residents from rural reaches of the county usually eventually venture to town for groceries or other business.

Although the board has heard that other residents would like additional early voting sites throughout the county, none have made a formal appeal. A community member must make a written request, and the board must vote unanimously to approve a new location.

In addition to deciding whether to keep the Cherokee early voting site, the board is also expected to receive a request for another site near Nantahala. Residents of that area travel about 21 miles, or about 30 minutes, to cast early ballots in Bryson.

Fisher pointed out that people can mail in their ballots.

The decision to add an early voting site is “based on need and funding,” he said. “If (closing the site) would completely inhibit somebody from voting, I would fund it myself.”

The reservation lies partly in both Jackson and Swain counties. Jackson County operates an early voting site in Cherokee for those who live on the Jackson-side of the reservation near the Bingo Hall at a cost of anywhere from $2,000 to $5,000 depending on the hours and amount of staffing required.

Decision pending

The Swain Board of Elections’ next meeting is at 3:30 p.m. Feb. 15 at the Board of Elections building off U.S. 19.

County-by-county

All counties in North Carolina are required to operate at least one early voting site, the result of a new law passed in the late 1990s aimed at making voting easier and more accessible

Most counties offered just one early voting site initially, but as early voting took off and grew in popularity, some counties have added a second or even third early voting site in response to demand. The cost ranges between $2,000 and $5,000 per site for each county.

Here’s what some counties are doing.

Swain

Swain’s main early voting site is in Bryson City. In 2010, it added a second early voting site in Cherokee at the Birdtown Community Center but is contemplating whether to do so again this year.

Macon

Macon County has a single early voting site in Franklin. However, election officials are considering adding a site in the Highlands area this year.

Haywood

Haywood’s main early voting site is in Waynesville, with a second site in Canton every two years during state and federal elections.

Jackson

Jackson County has a main early voting site in Sylva but has also run sites in Cullowhee, Cashiers, Scotts Creek and Cherokee. It has not decided where or how many sites it will open this year.

If Macon County commissioners decide to impose term limits for the planning board, beleaguered planning members could become the only ones out of dozens serving on various county boards who are subject to limits on how many years they can serve.

Historically, Macon County commissioners lacked enough volunteers to fill the ranks of its various advisory groups, from the airport authority to solid waste committee to parks and recreation board. Members — especially caring ones dedicated to the particular issue — were welcome to keep serving as long as they were willing.

These days, however, some commissioners are suggesting term limits, at least for the controversial planning board. This follows months of pitched battles between pro-planning and anti-planning factions. A decision by commissioners is expected next week.

If term limits were retroactively imposed, the move would effectively eliminate many of the staunchest pro-planners now on the planning board.

“If you do have term limits it doesn’t mean you could never serve again,” Macon County Manager Jack Horton said. “It would give a break in service to give other people opportunities.”

No one quite knows how long some of the longest-serving volunteers have served on the planning board, even the volunteers themselves — Susan Ervin is the acknowledged winner with some two decades of service. Mark West has been on the board for many years, too, so many that, like Ervin, he doesn’t remember his appointment date. Chairman Lewis Penland likewise has years of planning-board work to his credit.

But, that type of service isn’t confined to Macon County’s planning board. Ed Shatley has been a member of the county’s Economic Development Commission for at least as long as Ervin has the planning board. He was chairman in the 1990s, Shatley remains chairman today. Horton remembered that the veteran volunteer — who brings an acknowledged and unquestioned wealth of understanding and history to his unpaid service — was serving on the EDC in 1972 when Horton did his first stint as the Macon County manager.  

But, there haven’t been calls among commissioners for new blood to the EDC via term limits. Nor have there been discussions about  “balance” being ensured by adding anti-economic forces to an economic development-charged group.

These discrepancies have led some in Macon County to openly speculate that this sudden push for term limits is simply anti-planning politics in action. Planning Board member Al Slagle last month told The Smoky Mountain News that he believed it likely the advisory group was being “loaded” with anti-planning members under the guise of creating “diversity.”

Nuts and Bolts

Macon County has some 50 boards, committees and advisory groups.

County administrators have identified 13 of Macon County’s volunteer groups as high priority, meaning there is a more stringent and outlined application process for membership. These include the planning board, airport authority, EDC and the tourism development groups for greater Macon County and Highlands.

But, most board and committee members labor in total anonymity in unglamorous-to-most, but critical, service: there’s the Nursing and Adult Home Community Advisory Committee, the Dangerous Dog Board, the Garden Committee.

“Some boards are more difficult to fill than others,” Mike Decker, deputy clerk to the Macon County Board of Commissioners, said in acknowledgement.

Regional perspective

The problem of finding an adequate pool of volunteers isn’t confined to Macon County.

“I think it’s fair to say that we have some challenges in identifying qualified persons to serve on committees,” Jackson County Manager Chuck Wooten said in an email interview. “We put the word out to the public about submitting an application of interest as we were hoping to build a roster of folks who wanted to service on boards and committees, and to hopefully have some basic information about experience and background. Unfortunately, the response was very minimal.”

In contrast, Haywood County generally has an adequate number of applicants, County Manager Marty Stamey said. Seven people recently applied for two positions on the health board, for example.

The same is true in the town of Bryson City and in Swain County, according to administrators there.

Cindi Woodard, assistant to the Swain County commission board, said that volunteers in that county serve three, three-year terms, take a break for a year, and are eligible again — a similar proposal to what Macon County Commissioner Ron Haven made recently for that county’s planning board.

“Usually people whose terms expire, they would love to serve again,” Woodard said.

Lee Galloway, an 18-year veteran town manager for Waynesville, said there are no term limits on any of the boards and commissions there — and he cautioned in a roundabout way on the dangers of losing experience by instituting them.

“There are some boards that have members who have been on for the entire 18 years, and having that knowledge and expertise and history is fantastic,” Galloway said.

Street food vendors aren’t welcome everywhere in Western North Carolina, but Andy and Pamela Fife haven’t found that to be true in Franklin. They are now setup in this Macon County town as the only fulltime mobile food vendors west of Asheville.

The couple — Monday through Friday, from 11 a.m. until 3 p.m. — parks an upscale food-service trailer in a vacant lot along East Main Street. When they open the windows on A&P Roadside Eats, Macon County residents know that it’s time to stop by for the couple’s hamburgers, steak and cheese hoagies, Italian sausage and more.

The Fifes have created quite a following at their mobile food unit since opening last June. The couple also delivers food to the work-bound and hungry in town, taking phone orders directly at A&P Roadside Eats.

“We love them being here,” said David Campbell of Franklin as he stopped by A&P Roadside Eats for lunch one day last week.

“It’s close to work, and they serve the best corndogs in town,” Campbell’s wife, Sabrina, added. “We come almost everyday.”

The Fifes are true entrepreneurs, a couple of hardworking people who spotted an opportunity and moved into an available and open business niche. They started A&P Roadside Eats when the owner of a business Andy Fife was working at died, and that business was forced to shutdown.   

“We do miss that regular paycheck,” Fife said.

But, they are enjoying meeting a regular stream of Macon County residents, some dating back as first-time customers to when the Fifes were setting up a booth at Pickin’ on the Square in Franklin. In addition to working that street festival, the couple also worked — and still does — events in Macon County such as gem shows and trail days.

Pamela and Andy are halfbacks, former residents of Naples, Fla. Andy is originally from Virginia, Pamela from Ohio. They live in Macon County fulltime.

“We got tired of hurricanes,” Pamela said.

Working a mobile food unit such as A&P Roadside Eats means meeting certain state and local regulations. The couple has a standard business license from the town of Franklin. They also, per health department requirements, have an association with an area restaurant, where they go for cleanup. They have a state license that allows them to setup anywhere in North Carolina.

Food on wheels

Mobile food vendors are part of a burgeoning national trend that has experienced rapid growth in recent years. Proponents cite street food as an inexpensive and low-risk outlet for budding entrepreneurs, and point to culinary benefits to American consumers who can sample a variety of ethnic and regional foods that might not be available otherwise.

Opponents of food trucks usually are established restaurateurs, who accuse mobile food vendors of riding on their business backs minus the high overhead of maintaining regular businesses.

The food truck issue, unlike in Franklin, has been openly contentious elsewhere in WNC. Waynesville bans the mobile units from the Downtown Waynesville District, though will allow them in certain areas of town if licensing requirements are met. Asheville restaurateurs and mobile unit proponents argued for months last year until city leaders finally passed an ordinance that lifted a 25-year ban. Several food trucks can now set up together in a mobile food court on Coxe Avenue in Asheville.

The fate of Macon County’s planning board and whether it will exist in a meaningful form will be decided at next week’s commissioners’ meeting.

At stake are the implementation of term limits, and whether those term limits should be retroactively applied to those currently serving. That could eliminate many of the staunchest pro-planners now on the board.

There’s also the question about whether the planning board should be diminished by commissioners from its current role as an ordinance-producing group to something like an “advisory” panel that generates suggestions.

An email last month from Commissioner Ron Haven to fellow county commissioners ignited the firestorm. He accused the planning board of running amok and disregarding commissioners’ instructions. Haven openly demanded Planning Board Chairman Lewis Penland be ousted, targeting the planning board’s most vocal advocate for development regulations, and further suggested the board might could be abolished.

Haven’s email generated more subdued, controlled responses from fellow commissioners during their last meeting. But the iron hand is still in the velvet glove as far as pro-planners are concerned.

“What it really seems like is that they are trying to load the planning board with people who are anti-planning and who are diametrically opposed to planning, though there’s talk about diversity,” said Al Slagle, a member of that board.

The more recent appointments to the planning board — those made since a new Republican majority won control of the county commission a year ago  — have been people who are open about their desires for no, or extremely limited, land-development regulations.

This battle has been decades in the making. Macon County commissioners have long resisted instituting planning regulations sent to them for approval by their planning board.

“This kind of open opposition is new,” said Susan Ervin, the only woman on the planning board and the longest serving member. Ervin has emerged recently — after two decades of service — as a lightning rod for criticisms of that group.

“There have been bumps before, though,” Ervin said. “Maybe 11 or 12 years ago, we tried to introduce a land-use plan that didn’t go anywhere, either.”

Although the county has a subdivision ordinance, it has been stuck on passing a steep slope ordinance despite work on one being in the works for three years. The planning board finally scrapped the slope ordinance last summer and replaced it with more basic construction guidelines, but commissioners have not yet given them the thumbs up or down.

The term-limits idea being floated might not accomplish removing Penland, who declined to comment, or Ervin, if that is indeed the goal.

The county would need to go back and determine exactly when each planning board members was appointed, according to Mike Decker, deputy clerk to the commission board. Additionally, the March 1972 ordinance that formed the planning board underwent revision in 2004. It might prove necessary to start members’ terms from that date, he said.

Mark West, another longtime serving planning board member who is pro-planning but could be considered more moderate in his views than some on the board, expressed discomfort at the tone of the debate.

“We’ve always been able to disagree politely,” West said. “To respect each other and be able to shake hands. I see it turning into a more hostile environment, and one that doesn’t serve the county well.”

The bottom line for West is ensuring reasonable planning measures in Macon County that adequately ensure the public’s safety.

“If you can contain a slide on your property, I don’t have any personal concerns about that,” West said. “But I do think the county has an obligation when it becomes a down-slope hazard to others.”

The open battle over the planning board’s fate has not engulfed those county employees involved in the planning realm. Planner Derek Roland, to date, seems to have risen above the fray, as has veteran County Manager Jack Horton. That has not always proven the case in past county fracases. Learning to handle such situations is part of being a government employee, Horton said.

“Sometimes you just have conflicts to deal with,” he said. “And we are here to do a job and to give advice where advice is necessary. But the commissioners are the ones who are elected to make the decisions. As staff, we give all the facts about an issue that we can, and bring back to them the best information that we can on a particular subject.”

Horton pointed out that those commissioners also must face the repercussions “of praise or blame,” whatever that turns out to be.

A compromise has emerged in a fight over the historic McCoy truss bridge, one that would keep the old bridge in place for foot traffic while building a newer, bigger bridge alongside it for vehicles. But Macon residents who have spent nearly 10 years fighting for the bridge still feel ignored.

N.C. Department of Transportation workers and county commissioners cooked up the deal independently of the community’s wishes, according to resident Doug Woodward, who has labored for years to see McCoy Bridge renovated and saved for all types of vehicular traffic.

The debate over the truss bridge has become a symbol for a larger clash in the region between development and a rural way of life. Residents claim a sentimental attachment to the truss bridge, and fear a bigger, newer bridge will pave the way for more people and more traffic in their valley.

Commissioner Bobby Kuppers, who represents that area of Macon County, has said that he believes building a new bridge while saving McCoy Bridge is the best option available. Last May, the full five-member board of commissioners endorsed Kuppers’ proposal.

DOT officials are now indicating they’ll go along with the idea, including kicking in $126,000 toward renovating the truss structure. The DOT sent a letter to the county agreeing in concept. The money is contingent on Macon County assuming ownership of McCoy Bridge.

McCoy Bridge, which straddles the Little Tennessee River in the Oak Grove community, is one of a few truss bridges remaining in the state and the last in Macon County. DOT, which would have access to federal funds for much of the cost of a new bridge, wants to replace the one-lane crossing with a new one.

The DOT has cited safety as a factor. Engineers have deemed McCoy Bridge “functionally obsolete” and unable to handle future traffic demands. Its structural integrity is suspect, they say.

They’ve argued for a safe and historic working bridge: Not two bridges — one for motorists and the other for pedestrians and bike users — but a single, working bridge for everyone.

Woodward said the commissioners’ compromise had been considered, but discarded, as an option early on. Residents even submitted an engineering redesign of their own during a meeting with state transportation officials a few years ago.

Woodward said that the redesign was a workable compromise and that it would bring McCoy up to modern load-bearing standards, yet retain most of the historical character of the bridge.

Ralph Kennedy of the state Department of Transportation said will buy necessary right-of-way for the new bridge in 2014 with an estimated cost of $410,000. Construction is slated to begin in 2016, with a cost of about $2.5 million, he said.

Driven by a Republican-dominated commission, Macon County’s beleaguered planning board will undergo wholesale changes that likely include member term limits and a lessened, some might argue silenced, voice in writing development ordinances.

But these steps, agreed to in concept by commissioners during a Saturday workshop, might not repair growing chasms among the county’s leaders regarding the planning board’s proper role. Or, who should lead the planning board.

Commissioner Ron Haven didn’t mince words in a recent email to fellow county commissioners. It went viral almost as quickly as Haven hit the “send” button last Friday night.

In the email, Haven demanded the ouster of Planning Board Chairman Lewis Penland. Penland has been a vocal champion for steep slope regulations, and was instrumental in pushing for mountainside construction standards — a stance Haven apparently disagrees with, based on his characterization of the planning board as dictators and his call to possibly abolish it.

At the workshop, Haven accused the planning board of running amok and disregarding commissioners’ instructions. While feuding on the planning board has been shared by both sides — with opponents of steep slope regulations at least as vocal about their own positions as pro-planning advocates — Haven blamed Penland.

Penland’s term on the planning board is expiring. Commissioners must decide whether to reappoint him. Haven warned commissioners not to renew Penland’s appointment. He said if they did, they would pay for that decision during the next election.

“So with us being at the crossroads at putting Lewis Penland back on board for another upsetting three years to keep doing the same thing the people are tired of, it seems the timing is just right with nothing in the way,” Haven wrote in the email. “It is time right now to make changes and you commissioners know it. Penland with his rude attitude, close minded, self agenda ideas has no place on the planning board.”

Democrat Commissioner Bobby Kuppers defended the 12-member planning board, which he served as liaison to until recently.

“We handed them a prioritized list,” Kuppers said. “We told them as you complete one, move to the next — that list was approved by the commissioners. To their credit, they have followed that list … in fairness they did what we asked them to do. And to say they didn’t is really unfair.”

Haven, a conservative Republican, defended his take on planning and the planning board.

“I have always felt planning is a good thing,” Haven wrote in his email. But, “I feel this board is a nonfunctioning tool to the commissioner board and the citizens. When all that is important it [sic] to make citizens surrender their property rights, hinder job growth, and be a dictater [sic] then where if [sic] freedom in America if it can’t start at home.”

Penland on Monday said that he does find some common ground with Haven. The commission board needs to “quit kicking the can down the road” as Haven asserted in his email and make decisions about planning in Macon County, said Penland, who is a golf-course developer in real life. Penland for now declined further comment on Haven’s unflattering description.

Saturday, in what at times included terse and sharp exchanges among the five commissioners (three Republicans and two Democrats), the future shape of the planning board began to emerge.

For pro-planners in Macon County, it isn’t pretty: the board likely will not make decisions or have much meaningful say regarding land planning. Instead, it would make what Republican commissioners’ are dubbing “recommendations.”

“For lack of a better term, I’d call it a bullet list,” Commission Chairman Kevin Corbin said.

In an interview with The Smoky Mountain News two weeks ago, Corbin laid out a vision for the planning board that would reduce its role from writing proposed ordinances to suggesting general parameters, and then having the county attorney develop ordinance language.

Commissioner Jimmy Tate of Highlands had a front-row seat of when serving on the planning board. Tate was selected to be the commissioners’ new liaison to the planning board.

“They get bogged down … on how to rewrite one word,” Tate said, adding the bold promise he’d “get them on a sled and slide right through that.”

The spillover from Haven’s email and the Saturday commissioners’ discussion are likely to reverberate for the foreseeable future. Conservationist Bill McLarney, a highly regarded aquatic biologist in Macon County who is married to longtime planning board member Susan Ervin, shot back in defense of polite manners in a widely distributed email of his own.

“I am dismayed by what appears to be the low level to which political discourse has descended in this county,” McLarney wrote. “Hopefully Mr. Haven’s letter is an anomaly; it is certainly an embarrassment to us all. To the extent that the commissioners and we the public allow this sort of ignorant outburst to inform county policy and decisions, we are all losers.”

A long and winding road

Commissioner Ron Haven’s push for planning board reform comes as county leaders continue ruminating (three months and counting) on whether to pass construction guidelines developed by the advisory group.

By most counties’ standards, the guidelines are routine — they mainly deal with cut and fill regulations and with road-compaction standards. The planning board hoped to see the construction guidelines incorporated into two existing county ordinances, the soil and erosion regulations and subdivision regulations. The subdivision regulations are now under review. This marks at least the fifth or so time in Macon County the subdivision regulations have been re-examined at commissioners’ request since being adopted.

The construction guidelines were the result of a two-year effort by the planning board to write a steep-slope ordinance. But following dissent on the planning board and lukewarm support from county commissioners, the proposed ordinance was replaced with more basic construction guidelines.

With the advent of new leadership for commissioners, Macon County’s planning board could undergo a metamorphosis into what’s being dubbed a truer “advisory” role.

In recent years, the planning board has been a magnet of negativity for factions on both sides of the land planning issue.

Kevin Corbin has been the new chairman of the Macon County Board of Commissioners for less than a month, but has already identified land-use planning as one of the county’s most pressing issues. A date has not yet been settled on for the board’s annual retreat where the topic will be discussed.

Corbin was appointed to the county board to replace Brian McClellan, who resigned following his second DWI arrest in two years. Corbin was elected to the leadership seat by his fellow four commissioners the same week shortly after McClellan stepped down.

The chairman has just one vote but does have real power to steer the board’s agenda and structure meetings. Corbin, a Republican from Franklin, isn’t new to the county’s political sphere. He served for two decades as a member of the Macon County Board of Education. And, like father like son: Corbin’s Dad, Harold, served as chairman of the commission board from 1998 to 2002.

Other issues Corbin wants reviewed during the retreat include economic development initiatives, school needs and the county’s budget for the next fiscal year.

Corbin on Monday said he believes that the planning board has become polarized by its members’ fundamentally different views. Commissioners, he said, must assume more prominent roles in the land-planning arena for meaningful progress on planning to take place.

“I think it’s a tough balance,” Corbin said. “But I really do believe there’s a way to have sensible regulations without stopping construction and real estate.”

The new chairman equated land planning to the delicate task of holding a wet bar of soap. Squeeze too hard, the soap squirts from your hand. Hold the bar too loosely and it falls from such a tepid grip.

Corbin wants commissioners simply to receive recommendations from the planning board, not written ordinances ready for adoption or rejection. Commissioners instead would hammer out tricky details; the county attorney would prepare the actual document.

This would remove some of the spotlight from planning board members, Corbin said, and place the pressures where they more rightfully belong — on commissioners. It’s commissioners who’ve been duly elected to make these decisions. Planning board members, in contrast, are community volunteers appointed to their positions by commissioners.

Besides, commissioners ultimately approve any ordinance drafted by the planning board, and in the process end up rewriting portions of it anyway — usually repeating the same debate that already played out at the planning board level.

Where would that leave the construction guidelines adopted by the planning board after great public strife? The guidelines are the result of a two-year effort by the planning board to write a steep slope ordinance. But following dissent on the planning board and perceived lukewarm support from county commissioners, the full ordinance was replaced with more basic construction “guidelines.” Commissioners have been holding the proposed guidelines from the planning board for some three months without any visible signs of action.

Corbin wants those suggested guidelines and the county’s subdivision and soil and erosion ordinances reviewed by Attorney Chester Jones. There is redundancy plus, possibly, needed changes such as what’s involved in the rules for subdivision road building, Corbin said.

In this brave new world, commissioners would clearly and publicly guide Attorney Jones, Corbin said. A prime example would be the actual slope percentages when it comes to cut and fill rules in road building: commissioners would decide on a percentage they find acceptable, not the attorney.

On other issues, Corbin said:

• Macon County is in “very good shape” financially. That said, this Republican-controlled board will look for areas in which to make additional cuts. This could be difficult to accomplish because the historically fiscally conservative board has reduced the county budgets by an overall 15 percent already as a result of the recession.

Also, because of ongoing national, state and local economic maladies, residents’ basic needs are increasing: real help, in the form of additional county dollars, might need funneling toward assisting with heating, food and so on, Corbin said.

“We may find ourselves in a place where we have to support these things aggressively,” he said.

• The Macon County Schools will need financial help, too. Federal funding, up to $2 million worth, has dried up. “You increase what you spend or reduce what you do,” Corbin said, adding he opposes any budget reductions that would hit teachers and teacher assistants. Macon County might look at some one-time spending options for the schools, such as helping replace aging computers, Corbin said.

• Economic development efforts must press forward regardless of whether such efforts bear immediate fruit or, more likely in this woeful economic climate, don’t.

Corbin said that new county economic development leader Tommy Jenkins would discuss planned efforts and economic hopes