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12/31/03

2003: News in review

SMN


January

Liquor, wine and beer

Voters in the town of Canton approve the sale of wine, beer and liquor in restaurants and bars. The referendum was led by a group of merchants and town residents who believed alcohol sales would boost the town’s economy, lure chain restaurants and spur downtown revitalization. A group opposed to the referendum spent weeks campaigning and holding rallies with claims that alcohol sales would bring a host of socials ills, including an increase in crime and drunk driving. In the year since alcohol sales were approved, only one new bar has opened. Fewer than 10 existing restaurants have capitalized on alcohol sales. Police report no increase in alcohol related crimes or drunk driving.

Jackson planning

Land-use planning advocates in Jackson County try to make sense of the December move by Jackson County commissioners to disband the county planning board, a move initiated by Commission Chairman Stacy Buchanan.

Buchanan proposed a new approach to county planning — replace the 16-member planning board with a new nine-member board and employ a series of ad-hoc committees appointed to tackle individual planning issues as they arise. One such ad-hoc committee is to be a smart growth task force charged with developing a long-range land-use plan for the county.


February

Prison cell blues

The debate in Haywood County over whether to locate a 1,000-bed maximum-security state prison reaches a fever pitch. Supporters claim the prison will bring jobs and economic development spin-off. Opponents claim the stigma of a prison would hurt tourism and real estate sales and would discourage new businesses from coming here. Both sides pack commissioner meetings and hold rallies, forums and strategy meetings.

The prison debate began when County Manager Jack Horton wrote a letter to the state in 2002 stating that the Haywood County commissioners were “very interested” in the prospect of locating a prison in the county. Neither the letter nor the commissioners’ views on a prison were discussed in a public meeting, instead Horton took an informal poll of the commissioners outside of a public meeting on whether he should send the letter. The public was not aware of the county’s stated interest in a maximum-security prison for several months after the letter was written. The county launches a formal prison site search, but potential prison locations are kept under wraps.

Road to Nowhere

Swain County’s official opinion on the North Shore Road for the past 60 years is reversed this month. Swain County commissioners adopt a resolution calling for a $52 million cash settlement from the federal government in lieu of building the promised road along the north shore of the Fontana Lake.

U.S. Rep. Charles Taylor, R-Brevard, reiterated his position in favor of building the road along the North shore of Fontana Lake — and through the southern tip of the Great Smoky Mountains National Park — and emphasized his commitment to allocate funding for the road construction.

A brief synopsis of the North Shore Road: In the 1940s, Tennessee Valley Authority created Fontana Lake and in the process forced many families from their homes in the flooded areas. Communities along the north shore of the lake were not flooded, but the road into the area was, thus cutting off the area. So families were removed from that area as well, and the territory was added to the Great Smoky Mountains National Park. At the time, the government promised to build a new road into the area so the families could visit their old home places. Sixty years the later, the road has not been built and is still a source of bitterness for many in Swain County.

The Swain County Board of Commissioners adopts a formal position that a cash settlement would benefit the people of the Swain County more than the road at this point.

The issue continues to be a subject of debate for the remainder of the year as the park service continues a series of public input meetings as part of the park’s formal process for coming up with an official opinion on the North Shore Road.


March

Prison round robin

Haywood County commissioners informally call off the search for a suitable site for a maximum security prison and announce that the prison is on the “back burner.” Prison opponents believe the move is merely an attempt to quiet the firestorm while the county continues to work behind the scenes to locate a maximum security state prison in the county. Prison supporters believe the commissioners cavalier attitude will cause the county to lose out on the prospect of getting a prison.

Per capita investments

The Eastern Band of Cherokee Indians debate new investment strategies for the Minor’s Fund, which contains all per capita payments received by minors under the age of 18.

Profits from Harrah’s Cherokee Casino are divided among all 13,000 members of the tribe and are distributed in the form of per capita payments amounting to several thousand dollars annually. Per capita payments for tribal members under the age of 18 are held in a fund known as the Minor’s Fund until the tribal member turns 18. Money in the fund was heavily invested in the stock market. This strategy looked good during boom years when the investment of the per capita checks reaped a bigger return for the minors, but due to the prolonged poor performance of the stock market, the fund lost money. Minors who turned 18 and withdrew funds last year got less than they would have if the funds been invested in a portfolio with lower returns but less risk.

The tribe this month considered less aggressive investment options that would minimize risk to the Minor’s Fund, yet still accumulate interest and thereby keep up with inflation rather than stagnate over the years. As the relatively new casino enterprise continues to expand and per capita payments continue to grow, minors vested in the fund since the day they were born could have $500,000 racked up in the fund by the time they turn 18.


April

Macon planning

After a six month hiatus from the heated debate over countywide land-use planning, Macon County commissioners and the county planning board convene to discuss what to do next. A countywide land-use plan was shot down in 2002 after residents complained it had been drafted by the planning board without an adequate opportunity for the public to participate, contribute or even understand the process. Planning board members discuss tackling planning with a series of piece-meal initiatives, such as a water and sewer growth plan and regulations for high-impact uses, such as asphalt plants.

Lake sewer woes

A Swain County law that would ban houseboats from dumping sewage into Lake Fontana is postponed after county leaders decide houseboat owners do not have the tools or infrastructure needed to dispose of waster properly. As many as 30,000 gallons of sewer and waste can be dumped into the lake by houseboats on a busy day in summer.

A county ordinance would require houseboat owners to have their waste and sewer pumped from their boats, haul it to shore and disposed of it in the Bryson City sewer treatment plant. However, the town’s sewer treatment plant was not equipped to handle the houseboat waste, which contains harsh chemicals that would harm the sewer plant. In addition, holding tanks needed to be installed along the lake shore so pump boats could unload the sewage at the shore. The ordinance was postponed for 18 months, and is now slated to take effect November 2004.


May

Downtown library

A debate over whether to move Jackson County’s main library away from downtown Sylva is in full swing. Opponents believe moving the library away from downtown will contribute to sprawl and undermine efforts to keep downtown vibrant and the center of the community. Supporters believe the library is too hemmed in downtown and that county residents would be better served by a joint library venture between the county and Southwestern Community College.

Jackson County commissioners were prepared to close the downtown library and jump at the joint library proposal with SCC, but public outcry led the commissioners to participate in public debate and eventually launch a task force study.

Property reval

A property revaluation in Macon County reflected a 40 percent increase in property values, and county commissioners correspondingly lowered the county’s tax rate by seven cents to offset the higher taxes many property owners would see as a result of the revaluation.

Macon County schools opposed the 7-cent tax rate reduction, as it would allow only a modest budget increase for the school system and leave many needs unfunded, such as repairing leaky roofs, buying new computers and meeting higher heating costs.

Spring rains

Heavy rainfalls revealed several weak links in the erosion control methods being employed by the North Carolina Department of Transportation along the Old Asheville Highway widening project in Haywood County. Erosion control measures were decimated by the rains, spilling tons of sediment into Raccoon and Richland creeks and into Lake Junaluska less than a half-mile downstream. An investigation revealed that several erosion laws were not being followed. In addition, state inspectors with the Department of Environment and Natural Resources had been lax in inspecting the site, citing state budget cuts and lack of manpower.

Rudolph captured

Eric Robert Rudolph, the suspected bomber of an Alabama abortion clinic in 1998 and the Atlanta Olympics in 1996, is caught by a rookie Murphy police officer after a five-year manhunt in the region by the FBI.

Rudolph, who grew up in the Nantahala area, allegedly fled back to the region after the bombings. According to the FBI and local lore, Rudolph was suspected to be living in caves, shelters and the cellars of sympathizers. The FBI had spent years combing the woods of southwestern North Carolina with high-tech tracking devices but could not find him. Meanwhile, locals and hikers exchanged tales of famed Rudolph sightings. Many believed he was still living under the radar, some believed he had died in the woods, while others fancied him living on a beach in Mexico somewhere.

Ultimately, Rudolph was caught dumpster-diving behind a Sav-a-lot grocery store in Murphy in the middle of the night. Cops did not immediately recognize him when they arrested him, but merely took him for a vagabond. Upon his capture, dozens of national media outlets and hundreds of reporters descended on the area. The FBI spent the next several months trying to retrace Rudolph’s steps and determine who, if anyone, was aiding him. So far, no one has been charged with supporting the fugitive.


June

EDC revised

A controversial, four-month probe of Haywood County’s economic development activities concludes with a recommendation to disband the Haywood County Economic Development Commission and form a new EDC under a different structure.

The probe also concluded the economic development initiatives were too focused on recruiting new manufacturing industry at the expense of existing industries and other economic sectors. The probe also determined that the recruiting techniques used were unable to respond quickly to bring incentives to the table and suffered from poor internal communications. The new EDC would have hiring and firing power over the economic development director.

The economic development director of the past five years retired immediately following the restructuring, citing his five-year mark with the county that enabled him to get benefits.


July

Southern Loop

Debate over whether to build a $210 million highway through a rural area of southern Jackson County is in full swing.

Engineers and planners with the North Carolina Department of Transportation in Jackson County claim a new highway known as the Southern Loop is the only solution to alleviate traffic congestion on N.C. 107. N.C. 107 is a busy four- to five-lane road between Sylva and Cullowhee that is cluttered with stoplights, fast food restaurants, a Wal-Mart and a plethora of curb cuts and turn lanes. The proposed Southern Loop would allow through traffic headed to Western Carolina University to by-pass N.C. 107.

But opponents claim new highways contribute to sprawl and contend there are smart growth solutions to fixing the traffic congestion. A group called the Smart Roads Alliance is formed and holds meetings attended en masse by Jackson County residents.

DOT officials say the public is being hasty in its opposition, as the project is merely in the feasibility stages and is not yet slated for construction. Opponents contend it will be too late to fight the road once it is slated for construction, however. In the fall, the Department of Transportation announces the Southern Loop will be put on the back burner and a comprehensive traffic study initiated to determine whether there are any viable alternatives to a new highway. Opponents do not back down, however, as the road project is not removed from the DOT’s official list of projects. The DOT’s study of alternatives is underway.


August

Cashiers incorporation

Business owners and residents in Cashiers have spent a year debating whether to incorporate the Cashiers community into a town called the Village of Cashiers, but a referendum vote by Cashiers residents held this month votes down incorporation.

Incorporation supporters argued incorporation was needed in order to protect the growing area with zoning and planning regulations. Opponents believed incorporation would add unnecessary property taxes, and land-use regulations would be used by existing businesses to block new business from coming into the area. Some in favor of land-use planning but not incorporation argued from the beginning that a locally-devised ordinance administered by the county could regulate without having to incorporate as a town.

Jackson County commissioners took no formal position on Cashiers incorporation, but did advocate work being done by the Cashiers Commercial Area Task Force. The task force spent the summer developing a land development ordinance.

Paper mill taxes

The state revenue department intervenes in a property tax dispute between Blue Ridge Paper Products and Haywood County over how much the paper mill and its equipment are worth.

Haywood County appraisers put the mill at $188 million — and its tax bill at more than $1 million. But Blue Ridge Paper Products contends the mill is not worth that much, especially in a global economy where it is increasingly cheaper to abandon American manufacturing facilities and build new operations overseas. In addition, the paper industry is in a major slump. The Ecusta paper mill in Transylvania County sells for less than one-fiftieth (or about 1.5 percent) of the appraised property value the county had it listed at.

Blue Ridge Paper Products appealed the mills property value after the last reappraisal, but county leaders contended their estimate of the mill’s value and the resulting tax bill were fair. A resolution between the mill and county still have not been reached. If the state revenue department cannot help reach a tax value agreeable to both parties, the issue could land in court.


September

Salary quagmire

Macon County commissioners get caught in the middle of a salary quagmire after County Manager Sam Greenwood doled out approximately $50,000 in raises to 11 county employees, primarily department heads. Some department heads received raises upwards of $10,000, while regular county employees received modest cost-of-living increases. Money for the raises was included in the county budget, but commissioners were not aware that the bulk of the increases would be reserved for a handful of employees.

Other county employees were disgruntled about the large raises of the department heads, and county residents complained that workers in the private sector were not enjoying those kinds of raises given the current economic times. Greenwood maintained that department heads made less working for the county than they could in the private sector and the county had to offer competitive salaries to keep good employees. The county commissioners enacted a new policy that required Greenwood to clear raises with the board.

Maggie election jump start

Maggie Valley election drama begins when the mayor tries to oust an alderman from the town board over claims that the alderman is not a Maggie Valley resident. The past three Maggie Valley town elections were marked by controversy, recounts, election challenges, charges of voter fraud, and even a second vote.

Then-Mayor Ralph Wallace alleged Alderman Marcus Fields was not a resident of Maggie Valley but instead claimed legal residency in his home state of South Carolina. Fields had two years remaining in his term on the town board. Wallace, with the assistance of friends and supporters, dug up corporate filings, tax documents, driver’s license information and voter registration data on Fields and presented it to the Haywood County Board of Elections. Fields was registered to vote in South Carolina as well as Maggie Valley, but claimed it was a glitch.

Opponents of Wallace charged that Wallace was merely after Fields’ seat on the board. Wallace and his political allies on the board of alderman had a hand in running the town for the past 30 years, but Wallace was not running for re-election and stiff competition was setting up for a tough election for Wallace’s fellow aldermen. If Fields was ousted, Wallace and the other aldermen would be able to appoint a replacement weeks before the election, allowing them to maintain some control on the board despite the election outcome.

Ultimately, the election board dismissed Wallace’s challenge and cleared Fields.

The Maggie election remained exciting, however, as two write-in candidates joined the race a week before the election. Maggie had the most hotly contested election in the region in a race that boiled down to the established town leadership versus new comers vying for a voice in town politics and direction.


October

Cherokee absentee ballots

A months-long controversy over home rule among the Eastern Band of Cherokee Indians culminated in an impeachment hearing against Bob Blankenship, a long-time Cherokee tribal council member. Blankenship narrowly escaped impeachment by his fellow tribal council members for using the tribe’s sacred and confidential enrollment roster for personal gain, a violation of Cherokee law.

Blankenship sent out an anonymous political mailing to tribal members living off the reservation inciting them to register to vote and advocating a certain slate of candidates. Of the tribes 12,000 members, some 5,000 live off the reservation. Blankenship and some candidates hoped to tap into the voting power of these tribal members, who were allowed to mail in absentee ballots from afar. The letter claimed that Blankenship and his allies were trying to protect the rights of tribal members living off the reservation, while others on the tribal council were trying take away the payments each member receives from casino earnings and take away their voting rights. The letter listed which candidates to vote for and which to vote against.

The mailing worked. Record numbers of tribal members living off the reservation registered to vote and voted in the September election. Their voting power swayed the September election for some candidates. But some tribal council members — especially those who were being campaigned against in Blankenship-s mailing and had lost the election — believed Blankenship had violated Cherokee law by using the confidential enrollment roster for these political purposes. Before the newly elected tribal council members took office, tribal council held impeachment proceedings against Blankenship, but failed to impeach him.


November

Duke Power permits

A three-year settlement process between Duke Power and the public culminates in the signing of a relicensing agreement. Duke owns 11 dams along the Tuckasegee and Nantahala rivers. Duke’s permit to operate the dams expires next year, and the power company is required to get a new permit. In exchange for using a public resource — i.e. the rivers — for business purposes, the federal government requires utility companies to compensate the public by providing recreational and environmental benefits.

In providing kick backs to the public, Duke had to juggle the interests and wants of various interest groups — kayakers who want high water, fishermen who want low water, lake boaters who want plenty of public access along the shore, lake homeowners who want to limit public access along the shore, etc.

While kayakers and fishermen were pleased with the provisions Duke was making — such as controlled flows along the Tuck and several new public access points — some parties were not pleased with the provisions. Dillsboro leaders and tourism operators are upset about plans to remove the Dillsboro dam, which is too small to be profitable for Duke. Jackson County leaders wanted a fund established that would help create a greenway along the Tuckasegee River, providing recreational opportunities for more than just boaters and anglers. The federal government will review Duke’s permit application this spring and decide whether additional kick backs to the public are required.

Macon planning

The Macon County Planning Board feels sufficient cooling off period from the last countywide land-use plan has passed, and begin drafting a game plan for a new round of land-use planning initiatives. Spurred by projections that the county’s population will triple in less than 20 years, board members traveled to Salisbury to participate in the first annual statewide Smart Growth Conference, bringing home a host of ideas for how to organize growth and ways to bring about the positive effects of zoning in communities.

A wrench was thrown in the works in December, however, when recently appointed board member Jimmy Goodman brought to light that the board’s membership had been illegally altered without the required public hearing. Goodman had been one of the staunchest opponents of the previous land-use planning initiatives, but had been added to the planning board as a show of inclusiveness. The matter has yet to be resolved, but will come before the Macon County commissioners at their Jan. 5 meeting.


December

Justice center jostling

A proposal by the Haywood County commissioners to oust Mountain Mediation Services from a space in the new justice center to make room for a commissioners meeting room causes a minor firestorm.

Mountain Mediation Services works as an extension of the court system but operates as a nonprofit. Mediation services keep people out of court by resolving disputes through mutual agreement. The commissioners claimed that the space in the justice center would serve the public better as a meeting room for the twice monthly commissioner meetings, giving the public an excuse to come in and see the new building. Opponents to the move claim that the controversial $18 million justice center should be reserved for court functions, not county government operations, and Mountain Mediation Services should keep the space formerly slated for their function.

Mail-in ballots

A referendum passes by the Eastern Band of Cherokee Indians to limit the practice of mail-in ballots from enrolled members of the tribe living off the Qualla Boundary. The number of mail-in ballots from those living off the reservation had tripled in the past couple of years, and some members of the tribe feared that those living away from the reservation would soon have a larger voice in Cherokee politics than those living on the reservation. Of the 12,000 enrolled members, more than 5,000 live away from trust land. The referendum could be challenged in court, however, as some believe the restriction is discriminatory and violates the Cherokee Charter, which they believe guarantees every tribal member the right to vote.