Franklin could face a state penalty for spraying weed killer on an ancient Cherokee mound site because the town workers who did it weren’t properly licensed to use the herbicide.

The state could fine the town as much as $2,000, according to Pat Jones, pesticide deputy with the N.C. Department of Agriculture and Consumer Services. Or, the state could simply issue a warning and not fine the town. Jones said the case is still under review. He was uncertain when a decision would be made.

The Franklin Board of Aldermen censured Mayor Joe Collins this week for making a personal apology to the Eastern Band of Cherokee Indians after the town sprayed Nikwasi Indian Mound with weed killer.

A split decision by Franklin aldermen to build a new $1.25 million ABC store at the site of a Super Walmart at the edge of town drew criticism and pleas this week that the plan be reconsidered.

“We cannot afford what you are proposing,” said Ron Winecoff, an insurance agent in Franklin, at a Monday meeting. “It is not the Taj Mahal, and we do not have to market it that way. It is another store, plain and simple.”

 A couple in Macon County is trying to raise $2 million to open a childcare center that would serve 120 children.

Franklin Mayor Joe Collins sent a letter to the chief of the Eastern Band of Cherokee last week, personally apologizing for the use of pesticides on an ancient Indian mound.

“I personally apologize for the desecration caused to the mound,” Collins wrote. The Franklin town board declined to issue its own apology in mid-May.

A motorcycle rally initially planned to take over the streets of downtown Franklin in August has been given the boot, albeit a gentle one, and now will instead have to set up camp in a large field on the outskirts of town.

Fears that 4,000 bikers would cause too much disruption downtown prompted town leaders to nix Main Street as a venue for the rally. Although the rally was recruited by the town’s tourism authority in hopes of give downtown merchants an economic boost, the drawbacks — including a prolonged street closure of Main Street — ultimately seemed unworkable to the town board.

The new location in a field along Highlands Road will still bring business into downtown without the negative side effects, town leaders hope.

“It’s a win-win situation,” Franklin Mayor Joe Collins said. “We’re anxious to have the participants come to town, but obviously this is a new endeavor for us, and so we’ve settled on a location in town but not downtown. We’re starting out conservatively.”

Franklin’s motorcycle rally will rumble into town Aug. 17 through 19.

The rally hit a major roadblock in April when town leaders balked at shutting down a portion of Main Street for up to four days at the height of the tourist season.

The rally organizer, Scott Cochran of Georgia, had asked the town to shut down Main Street from Riverview to Harrison Avenue from the night of Thursday, Aug. 16, through Sunday, Aug. 19. Plus he requested the option of shutting down even more of the main thoroughfare in the throes of the rally if larger crowds dictated doing so.

Franklin has 3,600 residents — compared to an estimated 4,000 motorcycle riders that are expected to flood into town for the rally. Among the concerns: a bandstand would have been placed directly in front of a funeral home.

Though the town never officially said ‘no,’ leaders likewise never officially sanctioned the idea of having the rally downtown.

Cochran did not return phone messages seeking comment.

Summer Woodard, who serves as the town’s staff person to the Franklin Tourism Development Authority, which recruited the rally, said that after the downtown site was nixed the rally’s organizers eyed a large field on U.S. 441 used for large festivals, such as annual gem shows.

That didn’t work, either, because of scheduling conflicts, she said. But a site in a field on Highlands Road just inside the town’s limits has worked out. It will cost promoters a total of $1,500 to rent the site, money that Woodard said would come from the $15,000 already given to Cochran to promote the rally from the town’s tourism agency.

“No more money will be given,” Woodard said.

Alderman Bob Scott, a vocal critic of how the rally has been handled or not handled to date, still isn’t happy about what’s taking place even with the change in venue. He said he has lingering questions about safety, crowd control and health that aren’t being addressed.

“I still don’t believe there’s any planning,” he said. “But I’m beginning to believe I’m just beating a dead horse to death. Who knows, it may be the most successful thing there’s ever been in Franklin, but I have my doubts.”

Merchants in Franklin generally seem supportive of the rally, though they can be forgiven if there’s lingering confusion over where exactly the event will take place. Most were unclear exactly where the rally will now be held. Downtown merchants, once told of the Highlands Road location by a reporter, said they hope the motorcyclists still make it into their stores.

“It won’t be the same business that we might have had, but that’s alright,” said Betty Sapp of Rosebud Cottage on Main Street, which features items for the home. “They might still come downtown.”

Joan Robertson of Macon Furniture Mart on Main Street believes the rally will be good for Franklin.

“I think motorcyclists get a bad rap. I know some fine upstanding individuals who ride motorcycles,” she said. “I hope they come downtown and check us out.”

Robertson said she doesn’t expect to see a lot of furniture sold during a motorcycle rally, but she said that the exposure could help the town in the future.

“One day they might be back to Franklin to buy a cabin — then they’d know we have a furniture store,” Robertson said.

Michael Stewart of Jamison Jewelers doesn’t think the motorcycle rally will do that much for the pockets of merchants whether it’s held downtown or not.

“Typically when we have something downtown there’s not much business going on,” Stewart said. “They’re not here to shop. They are here to do whatever the festivities are.”

In contrast, Maryann Ingram, who does massages at A Rainbow of Healing Hands on Highlands Road directly across from where the rally will take place, sees plenty of potential clients out of all those motorcyclists.

“Hopefully it’ll bring me some business with them sitting on their butts for as long as they do,” she said. “I know a lot of people are afraid of them but it’s no big deal. Anything to bring people into town.”

Thomas Corbin of Mountain Top Coins on Highlands Road wasn’t as certain the rally would prove a good thing.

“Things can get out of hand,” Corbin said. “If they’ll come in and spend money in town and not destroy it I don’t have a problem with it. But you’re going to have more bikers than town residents.”

A 60-unit affordable housing complex has been proposed in Franklin, but will depend on securing competitive state tax credits for low-income housing to come to fruition.

The project has been proposed by Fitch Development, a group out of Charlotte that specializes in low-income housing projects throughout the state. However, the financial feasibility of the projects hinge on state and federal tax credits. There is only a limited pool of tax credits available, and they can be quite competitive.

There were 26 low-income housing projects that applied for the tax credits from the mountain region in the last round awarded by the state — but there were only enough tax credits to go around for about six.

There is no guarantee the project proposed in Franklin will make the cut. The status of the application will be decided in August.

Pacing the way for the project should the tax credits come through, Franklin town aldermen recently approved a special use permit for the complex, but not before some future neighbors of the complex said they were worried about the potential impact.

“I’m real concerned about the situation,” Thaddass Green of Franklin told town leaders. Green was concerned about traffic, adding that it already “sounds like a racetrack” on Roller Mill Road where the complex would be built.

Green also said that he is worried about his personal safety if an affordable housing complex was nearby.

Patty and Vance Wall’s property is adjacent to the four-and-a-half acre tract where the housing would go in.

“You can see from our deck where this would be,” said Vance Wall.

He said a 60-unit complex as proposed would “really change life for us. It’s going to impact us majorly because this would no longer be just a residential, single-family dwelling area. It’s going to change the whole area.”

Like Green, Patty Wall expressed concerns about the two-lane road being able to handle more traffic.

“I just don’t know if this road can handle the amount of traffic this would bring,” she said, adding that Roller Mill Road is already dangerous enough as it is.

Hollis Fitch, president of the development company, said residents would be screened via credit and criminal background checks. Additionally, he said, internet-based cameras with views of the public areas in the housing complex would be installed. The program records up to 72 hours of camera footage, and Franklin police officers would be able to tap into the recordings through the Internet, he said.

“We’ve found that to be a very good deterrent and a very good way to stop any type of problems that might happen,” Fitch said.

Fitch also said that before building permits could be issued a required traffic study would be conducted.

“I’ve listened to the neighbors and it seems there might be a traffic issue on Roller Mill Road,” Fitch said in acknowledgement, adding that the company would take whatever safety measures were recommended by the state Department of Transportation. He said that could mean adding a three-way stop or a traffic light.

Roller Mill Road is an access into Westgate Terrace, a Franklin shopping center in the western part of town. Fitch said that one of the requirements for state funding was being within a half-mile of both a grocery store and drugstore, both of which are located in Westgate, hence the selection of this particular site.

The development would consist of three buildings with six entrances plus a community building and management office, a playground, “tot lot,” and sitting areas.

“That’s going to be a lot of good folks who are going to have a good place to live at a price they can afford, and good, clean, suitable housing close into town at a good location,” said Mayor Joe Collins, addressing the concerned neighbors. “Maybe there will be some mighty good folks who will move in there, and that might ease some of the sting.”

Alderman Sissy Pattillo emphasized that there is a current lack of affordable housing in Franklin for young professionals, though she also expressed concerns about future traffic impacts to Roller Mill Road.

“We’ve cut through there and you really take your life in your hands,” Pattillo said about Roller Mill Road.

Franklin leaders declined last week to offer a formal apology to the Eastern Band of Cherokee Indians for using weed killer on an ancient Indian mound.

“I don’t think we did anything destructive,” said Franklin Alderman Sissy Pattillo. “And I have a problem with the chief or whoever saying we did something disrespectful. That just bothers me.”

Principal Chief Michell Hicks earlier this month said he was “appalled” by Franklin’s use of a weed killer to denude the mound. Hicks called on the town to formally apologize for what he termed a culturally insensitive action and one that demonstrated a marked lack of respect for the Cherokee people.

Alderman Bob Scott was the lone town leader who wanted to issue an apology. He had drafted a letter to the chief expressing regret for what had taken place, and said that perhaps the dustup could serve as a means of opening new dialog between Franklin and the tribe. His call to send the letter received a lukewarm response from fellow town board members, however. The other aldermen pointed out that they had never been formally asked by the tribe to apologize, but instead the demand for an apology had come only through the media.

“I’ve got a question,” Alderman Farrell Jamison said to Scott at a Franklin town meeting last week. “Was there actually a letter or are we just listening to media stuff? Do you have a copy of a letter?”

“I do not,” Scott responded.

Pattillo made the point that the town didn’t just dump weed killer on the mound out of malicious intent. Franklin leaders have said they were merely trying to cut back on weekly mowing maintenance of the 6,000-square-foot mound, which is located on town property. After the grass was killed off, the town intended to replant it with a low-growing native grass variety that wouldn’t need mowing.

Nikwasi Indian Mound is one of the largest intact mounds remaining in Western North Carolina. Large earthen mounds were built to mark the spiritual and civic center of American Indian towns that once dotted the Little Tennessee River Valley through Macon County and the region. Scholars note that while its precise age is uncertain, Nikwasi Mound pre-dates even the Cherokee.

Pattillo defended the town’s stewardship of the mound. She said that the town’s ownership dates to 1946 when then-owner Roy Carpenter was offered $3,000 to sell the mound for commercial interests. Someone wanted to doze the mound down and develop the property.

“School children, people in town, people out of town and people out of the county sent in their pennies and money and it was bought for $1,500 dollars and given to the town of Franklin,” Pattillo said.

Mayor Joe Collins had earlier told The Smoky Mountain News that Town Manager Sam Greenwood had exceeded his authority in ordering the weed killer to be applied.

“But decisions were made and that’s where we are at right now,” Collins said. “It didn’t jump out at me as being an affront or an indignity to the mound and certainly not to the Eastern Band. I hope it’s not an issue of strong sentiment to the tribe in particular — I’m over there on a regular basis and I’ve not picked up on it.”

Collins noted that the mound does belong to Franklin and that he was satisfied that the town has been a good steward of it.

“It really is our decision to make because it is under our ownership,” said Collins, whose mother was an enrolled member of the Eastern Band.

The mayor said that he for one would welcome working with the tribe on issues concerning Nikwasi Mound, perhaps in connection with a town hope to one day acquire some of the land around the mound. There has been some discussion about creating a park there. The town also has plans to install an informational kiosk at the mound to inform visitors about the historical significance of the ancient site.

Scott said one good thing about the weed-killer incident is that “it has brought the issue of the mound into the public eye.”

Scott’s motion to send the letter expressing regret failed for lack of a second. Alderman Billy Mashburn then made his own motion — that no apology be considered by the board, and that the town attorney be instructed to look into an ordinance that would ban all foot traffic from the mound unless there was prior town board approval.

“And I think at this point we need to dissolve the mound committee,” Mashburn added, explaining that he believes decisions about the mound need to be made by the town board.

The mound committee was made up of town leaders and residents who discussed issues about Nikwasi Mound. Scott and Collins both served on the committee.

Scott, a bit testily, asked “Would you be more comfortable with the mound committee if I weren’t on it? I’ll just step down.”

No one replied to Scott.

Collins noted that there was no reason to vote on a motion noting that no apology would be considered since there wouldn’t be an apology issued anyway.

The board then dissolved the mound committee, voted to have the attorney research the needed legalese for banning foot traffic and to plant eco-grass on the denuded mound.

A move by the town of Franklin to spray the ancient Nikwasi Indian Mound with weed killer is not sitting well with the Eastern Band of Cherokee Indians.

Principal Chief Michell Hicks last week described himself as “appalled” and called on the town to formally apologize for what he termed a culturally insensitive action and one that demonstrated a marked lack of respect for the Cherokee people.

“I’m going to make an issue out of it. I am not a happy camper. I’m not happy at all,” Hicks said in an interview. “I think this is really disrespectful to the tribe.”

Hicks said he plans to talk to both town and county leaders in Macon County.

For its part, Franklin leaders said they were merely trying to cut back on weekly mowing maintenance of the mound, which is located on town property. After the grass was killed off, the town intended to replant it with a low-growing native grass variety that wouldn’t need mowing.

“If they were tired of taking care of it or something, they could have approached us for help. We would have sent over our own mowing crew,” Hicks responded.

Nikwasi Indian Mound is one of the largest intact mounds remaining in Western North Carolina. Large earthen mounds were built to mark the spiritual and civic center of American Indian towns that once dotted the Little Tennessee River Valley through Macon County and the region. Scholars note that while its precise age is uncertain, Nikwasi Mound pre-dates even the Cherokee.

Last month, the town sprayed the 6,000-square-foot mound with an herbicide to kill the grass with the intent of replanting with “eco-grass,” a grass that grows much slower and shorter than regular grass. It had taken a town crew of four workers about half a day once each week during the spring, summer and fall to take care of Nikwasi Mound.

Town Manager Sam Greenwood said he’d made the decision to use the weed killer independently of the town board or of the town’s mound committee. Greenwood said replanting had not taken place yet because “we’re still waiting on the herbicide to break down so we can made sure there’s nothing residual.”

Greenwood said he felt the decision was in the best interest of the town, the mound, and that it was respectful of the tribe.

“This way we can put in a permanent ground cover and keep the town crews off the mound,” he said in explanation.

The future eco-grass won’t require mowing.

“I think they had good intentions, but they went about it wrong,” said Tom Belt, a Cherokee scholar who teaches at Western Carolina University. “It is like deciding you would like to make a change to an alter in a church and not consulting the clergyman or congregation. It would have been appropriate for the people doing that, the caretakers in Franklin, to consult with someone first, to talk with them about what would be the appropriate thing to do.”

The mound is not just a historical marker or symbol to the Cherokee, Belt said, “but has a deeper meaning. A spiritual meaning. And I know the Cherokee people would work with anybody to conserve it.”

Franklin town Alderman Bob Scott was accused in a town memo as having triggered subsequent media coverage of the now denuded mound. He in fact did not do that. Scott said, however, that he didn’t comprehend how some in town had thought the action of spraying herbicide on Nikwasi Indian Mound would pass unnoticed.

“You can’t hide a 500-year-old mound in the middle of town that’s turning brown,” he noted accurately.

Scott, who is a member of the town’s mound committee, said that his understanding was that the town would “let the grass grow up naturally on the mound until we decided what to do. We were trying to do it right so that it would be OK with everybody. We were in no hurry.”

Mayor Joe Collins stopped short of saying the town would issue an apology to Cherokee. He did express regret that the spraying had taken place and said that Greenwood “had overstepped his authority.”

That said, Collins noted that running mowers up and down the mound also isn’t a good caretaking solution. The new grass, he said, “will allow for less tromping around on it.”

Collins is in a particularly sticky situation. He and Hicks both noted his family ties to Cherokee — Collins’ mother was an enrolled member; the mayor is what’s called a first descendent.

“Cherokee is me,” Collins said. “We certainly want to be in accord with the Eastern Band, which is our neighbors and, in some ways, our family.”

Collins said this situation might prove an opportunity to engage in a conversation with the tribe about the mound.

There have been some discussions in Franklin about turning the area into a park of sorts.

“We have been a faithful steward of Nikwasi Indian Mound,” Collins said. “We are acutely aware of its significance. We have protected that mound for generations and will continue to do so.”

The use of weed killer to temporarily denude an ancient Indian mound in Franklin has some critics accusing the town of cultural insensitivity.

Nikwasi Indian Mound, which is located within Franklin’s town limits and is tended to and maintained by town crews, is one of the largest intact mounds remaining in Western North Carolina. Large earthen mounds were built to mark the spiritual and civic center of American Indian towns that once dotted the Little Tennessee River Valley through Macon County and the region. Scholars note that while its precise age is uncertain Nikwasi Mound pre-dates even the Cherokee.

“I think it is totally disrespectful and terrible for them to be so cheap that they won’t just cut the grass,” said Lamar Marshall, a local historian on Cherokee sites and places. “They are always bellyaching about having to mow the grass on it.”

It takes a town crew of four workers about half a day once each week during spring, summer and fall to take care of Nikwasi Mound. Or rather, it used take that amount of time — Town Manager Sam Greenwood explained the intent of last week’s herbicide application is to eventually replant Nikwasi Mound with “Eco-Grass.” Town Mayor Joe Collins defended his town manager’s decision to apply herbicide.

“We are looking at a way to basically be able to not mow it during grass-growing season,” Collins said. “It is very labor intensive and it keeps a lot of traffic on the mound.”

Collins said the new grass essentially stops growing at about six inches tall, removing the need to mow each week.

The mound is approximately 6,000-square-feet in size. The town does not have an exact cost yet on how much money it will pay for hydroseeding, but the cost of the Eco-Grass comes to $32 per 1,000 square feet, Greenwood said.

The town manager said the herbicide application was a one-time thing to kill off existing grass and weeds to pave the way for planting the Eco-grass. In two weeks, crews will rough up the mound using rakes and the Eco-Grass seed will be sprayed onto the mound, he said.

“It’s not very expensive or intrusive, and it will keep the mowers and the mowers’ smoke off the mound. It’s a very conservative approach, and once (the seed) gets applied, it will look very close to what it was,” the mayor said. “This is going to mean less traffic and reduce impact on the mound.”

Greenwood said the town also plans to institute a town law that would allow police officers to enforce rules keeping people off the mound, and an informational kiosk about it will be placed there to help visitors understand the significance of the site. Nikwasi Mound in 1980 was designated an archaeological site on the National Register of Historic Places.

Marshall, however, believes the herbicide was inappropriate despite the long-term goal of getting out of the mound-mowing business. Marshall pointed to the human and environmental risks of weed killers.

“The safe poisons today are banned tomorrow when there is enough time to research them,” Marshall said.

Marshall said the town does not fully appreciate the importance and heritage of Nikwasi Mound.

“It could be the centerpiece of the entire town,” Marshall said. “It’s a waste of a valuable local resource.”