The deserted Wal-Mart near Clyde will be hardly recognizable once Haywood County is through with its makeover of the megastore.

Sunlight will stream in through 30 skylights scattered across the low-slung ceiling of the former big-box store. A new metal roof will cover the front 25 feet of the building, with a mountain vernacular style entrance supplanting the once mundane building facade.

The made-over building will be a far cry from the cramped and crumbling offices that currently house the Department of Social Services and Health Department, which will relocate to the new site.

A $6.1 million renovation will transform the once gaping interior space into “little communities,” according to project architect Scott Donald with Asheville-based Padgett and Freeman Architects, PA.

The renovated space will include a shared entrance lobby, health clinic, Meals on Wheels kitchen, dental clinic, W.I.C. area, along with offices for more than 200 social workers.

Also included in the preliminary design is space for a central permitting office, including planning, erosion, building inspections and environmental health.

County commissioners voted to purchase the vacant big-box for $6.6 million in January. Architects estimate the renovations will cost another $6.1 million to retrofit the nearly 100,000 square feet of space.

Plans are still in the early stages. Commissioners will sign off on a design by fall and send the project out to bid. Construction could be completed by summer 2011.

Commissioners say the old Wal-Mart is a bargain to solve a problem that could no longer be ignored. DSS was fed up with leaky roofs, frozen pipes and cramped office space, as well as the lack of space and confidentiality at their offices, which date as far back as the 1920s. Facility inspections landed Haywood’s DSS building in the bottom 1 percent of 70 DSS facilities throughout the state.

A handful of Haywood County residents are demanding a vote by the people before county leaders proceed with purchasing the abandoned Wal-Mart building.

The request comes despite the county commissioners’ unanimous vote in January to buy the shopping center to house the Department of Social Services along with the Health Department.

Haywood has yet to secure the 40-year, low-interest federal Rural Development loan to fund the project.

If granted, the loan would require an annual debt payment of about $632,000 starting in 2012. But the county claims rent from Tractor Supply Co., which is leasing a part of the building, along with state reimbursements for health and social services, will cut that number by about half.

Citizens at Monday’s commissioners meeting argued that since the money would be coming out of their own pockets, they should be allowed to vote on the issue.

They claimed that commissioners were willfully bypassing the vote by deciding to apply for the federal loan, instead of holding a bond referendum to finance the project.

“The commissioners, in essence, are telling the people of Haywood County that you do not trust our judgment,” said Beverly Elliot.

Another speaker, Lynda Bennett, accused the commissioners of holding secret sessions, while at the same time admitting the commissioners had not broken any laws in purchasing the Wal-Mart.

“It is legal, but it’s not popular,” said Bennett.

Chairman Kirk Kirkpatrick said he fully stands behind the commissioners’ decision and sees a vote by the people as unnecessary in this case.

“We are elected to make decisions on behalf of the county,” said Kirkpatrick, adding that not every item that comes forth demands a countywide vote. “Vote by the people is an expensive item, and we choose those items carefully.”

Kirkpatrick said the commissioners had only gone into closed session to discuss price negotiations, and closed session minutes will be released once the purchase is finalized.

Later in the meeting, Commissioner Skeeter Curtis pointed out that the citizens who criticized the commissioners had already left before the seeing the presentation of design plans for the renovated Wal-Mart.

“They don’t have enough interest to be involved with what’s going on here,” said Curtis. “How in the world can you vote on something if you don’t know what you’re voting on?”

It’s not often that soccer players go head-to-head with softball and baseball athletes.

But whenever Haywood County decides to build a new recreation park, they may do just that.

A competitive spirit creeps from the field into public meetings, as athletes from the same sport band together to make the case for a facility that will best meet their needs.

In recent years, the debate has fostered a rivalry between soccer lovers and those passionate about baseball and softball. Now that the county has begun design work on a new park in Jonathan Creek, the same dialogue has resurfaced.

Of course, the county recreation board would love to satisfy athletes from all sports with pristine new fields, but lack of available funding demands tough choices.

So far, Haywood’s recreation board has collected ample citizen input to assist them in the decision-making process. The board has put out two online surveys and held two public meetings. An impressive crowd of almost 60 people piled in to have their say at both meetings.

For this round, the baseball/softball folks have earned a clear upper hand, despite soccer players’ success in skewing the online survey results toward developing a soccer field.

The county recreation board has opted for a mix of uses at the Jonathan Creek park with a heavy emphasis on baseball and softball. The three potential design concepts presented at the last public meeting each include four baseball fields and one “multipurpose” field.

Two sets of plans for the park have emerged as frontrunners. One plan entails four softball fields and a large multipurpose artificial turf field that could be adapted as a full-size soccer field. The other also has four softball fields clustered centrally as a single complex, but leaves less space for the multi-use field, which is smaller.

The board’s decision was heavily guided by a recreation master plan developed by the county in 2007. The plan demonstrates a clear need for more facilities for all three sports, but a greater deficit of softball and baseball fields than for soccer.

“The master plan is just clear cut, right there,” said Claire Carleton, Haywood County recreation director. “Since we don’t have any baseball/softball fields, that’s where the most urgent needs lies.”

According to the study, the county needs seven more baseball fields and seven softball fields by 2027. In comparison, there will be a deficit of only two soccer fields and two multipurpose fields that same year.

On the other hand, soccer fields are cheaper to develop than baseball and softball fields. Building a soccer field with a goal on each end is a less complicated proposition than developing baseball and softball fields with dugouts, fencing and score boxes.

On Tuesday, April 6, the recreation board will consider which of the three plans to adopt. Each side continues to make their case, and one thing is clear: the debate is far from over in Haywood County.

Developing a moneymaker

Money is not trailing far behind sports in the minds of citizens enthused by the new park.

Residents overwhelmingly favor developing a sports park that produces revenue by ushering traveling teams to the region’s hotels, restaurants and other businesses.

Investing in a high-quality sports complex does have potential to bring serious cash flow into the county, according to Steve Fritts, landscape architect with Barge, Waggoner, Sumner and Cannon.

His firm, which is designing the Jonathan Creek Park, recently completed a tournament-size softball complex in Chattanooga. On its opening weekend, 250 teams descended on the town to utilize the $11 million, eight-field complex.

Meanwhile, the vision for a park in Jonathan Creek is currently limited to 22 acres of space. Fritts has recommended expanding the park to at least 40 acres in the future.

A dearth of funding is the major obstacle in creating a larger park, however. Haywood County commissioners have already dropped $1 million to purchase the park property, while the Town of Maggie Valley also chipped in $115,000 toward the property purchase.

In addition, the recreation board has found it difficult to commit the entire park to just one sport. It turned down the firm’s proposal for developing five baseball fields — even though that would likely prove more lucrative in attracting tournaments.

Recreation Director Claire Carleton said the board shied away from narrowing the scope of the park to ensure that the community facility offers something for everyone.

The three concepts the board chose included not only baseball/softball fields and a multipurpose field, but also a playground, an accessible fishing pier, a greenway trail, a water play area, a loop trail with fitness stations, and picnic shelters.

While a larger park would improve prospects of hosting tournaments, Carleton is pleased with the progress on the park as is.

“This is an excellent start for the county,” said Carleton.

Despite a meeting scheduled for Tuesday, April 6, the board may not vote on adopting a specific plan just yet. County Commissioner Kirk Kirkpatrick, who sits on the recreation board, pointed out that the reality of a new recreation facility is still a long way away.

“The fact of the matter is this is a plan to utilize that property but not necessarily the exact plan that will be used at the time of construction,” Kirkpatrick said.

Voters in the Democratic Primary in Haywood County must choose which of the two candidates profiled here will advance to the November election. Republican candidate Bill Wilke is running unopposed in the primary and will automatically advance.

Bobby Suttles, 65, Haywood County Sheriff

Suttles was appointed sheriff by the Democratic party in early 2009 after former Sheriff Tom Alexander retired mid-term. Before that, Suttles served as chief deputy — second in command of the 100-person Sheriff’s office — since 2003. Suttles has more than 35 years of experience as a law enforcement officer, including with the state highway patrol, Waynesville police department, and 15 years with the Haywood County Sheriff’s Office.

Suttles emphasizes his ability to work under a tight budget.

“I feel like I’ve accomplished probably the same amount of service, with less...I know my opponents, they may say they’re going to do this and do that, but ultimately you have to deal with the budget.”

Suttles said he’s also accomplished better cooperation among different departments within the Sheriff’s Office.

“New equipment is always on my mind,” said Suttles, who would like to see computers in deputy’s cars as well as tasers. He would also like to have more officers and new cars. Suttles is working to bring video arraignment to the county to save time spent on transporting prisoners to the courthouse.

He would also like to deputize police officers from town departments to increase cooperation on drug cases and pool together resources, like drug dogs. Another goal is to have an annex in the Canton area. Suttles is also in the process of securing more inmate labor.

For more information: www.suttlesforsheriff.com.

Dean Henline, 52, part-time police officer with town of Clyde

Henline served at the Haywood County Sheriff’s Office for 30 years before retiring in 2008. Henline has worked as a jailer, sergeant, and lieutenant over patrol, as well as a part-time policeman in Hazelwood.

Henline emphasizes that he’s had more experience in Haywood County’s Sheriff’s Office than the other two candidates running. Henline said if elected, the transition would be comfortable since he’s worked with deputies at the office his entire career. Henline added that he is very active during his shifts. “Neither candidate has the arrest record that I have,” Henline said.

Henline would like to increase the number of deputies working on the drug problem in Haywood County. “Haywood County needs this because we’re not the old Haywood County anymore that we grew up in. We’ve got some of the same problems they got in the big city.” Henline plans to apply for drug interdiction grants that can help purchase cars, equipment and pay salaries.

Henline would also like to fully equip deputy cars with computers so officers can file reports on the road and stay out on the field longer. Computers can also help deputies pull up files of those who have been arrested before on the spot.

When the budget situation improves, Henline would like to raise deputies’ salaries to stay competitive with surrounding counties. Henline would also like to see more officers working night shifts.

For more information: www.deanhenlineforsheriffcampaign.com

There is only one Republican candidate running for Haywood County Sheriff in the primary, which means he will automatically advance to the November election.

Bill Wilke, 40, Sgt. with Asheville City Police Department

Wilke has worked in law enforcement for 14 years, serves as major in the Army Reserves, is being promtoed to lieutenant colonel in the Army Reserves and was a full-time training officer with the Army National Guard from 1997 to 2000. He currently is night sergeant for the Asheville police department and supervises nine to 12 officers.

Wilke recently returned from Iraq, where he served as a Major with the US Army in civil affairs.

Wilke said he came back from Iraq with a greater appreciation for the American way of life and resolved to contribute as much as he could to his home of Haywood County. He says the management and leadership skills he has developed over the years will benefit the Sheriff’s Office, especially in a budget-restrained environment.

Wilke’s first priority is to establish a joint drug task force in the county, which will help stop ancillary crimes. Since agencies can take 75 percent of the tax value of whatever drugs are seized, Wilke said clamping down on drugs will reduce crime as well as produce revenue.

Wilke sees a clear need to modernize, and says bringing computers and software will help use deputies more efficiently.

“I work with those cutting edge tools right now,” said Wilke. “I have a plan to implement then if I’m elected.”

Wilke says there is a need for additional deputies, but the Sheriff’s Office should first look at being more efficient with the dollars it does get from the county. As part of that effort, Wilke would like to see more usage of inmate labor.

For more information: www.wilkeforsheriff.com

Haywood County residents have another chance to steer plans for a park in Jonathan Creek at a public meeting at 6 p.m. Thursday, March 25.

The meeting will be held at the County Office building on Russ Avenue past K-Mart, formerly known as the MARC building.

The design firm will present up to three conceptual master plans for the park, based on input from the first public meeting held March 4 and an online survey.

The first meeting drew a crowd of about 45 people, with most people supporting baseball/softball fields, a soccer field, or fitness trails at the park.

Residents also favored developing a handicapped fishing facility, batting cages, and a fit course. They hoped to see the park maximize revenue potential and gear recreation to locals.

Meanwhile, soccer fans mobilized support to dominate an online survey posted online from March 5 to 22. About 75 people completed the survey, with 21 respondents advocating for soccer fields and opposing baseball/softball fields.

Claire Carleton, Haywood’s recreation director, said the public meeting was civil even though attendees had clashing interests there as well.

“It’s not a conflict,” said Carleton, “Everyone is going after their passion, whether it be baseball or softball.”

Many who completed the online survey said they liked the idea of mixing different uses, though they did not provide a clear direction for what should be included in that mix.

Haywood County commissioners purchased the 22-acre property for $1 million in 2007. In February, they hired the design firm of Barge, Waggoner, Sumner and Cannon Inc. to develop a master plan.

Each of the workshops will build on the information gathered from the previous meeting. After receiving input at Thursday’s public meeting, the firm will develop a draft master plan and determine costs.

A third and final public workshop will be held on Tuesday, April 27, at Maggie Valley Town Hall.

The firm hopes to present the final master plan to the county board of commissioners on Monday, May 17.

For more information, contact Haywood County Recreation and Parks at 828.452.6789.

A trail alongside the Pigeon River may materialize between Canton and Clyde, but recreation will not be its primary purpose.

The goal is to create a buffer zone clear of any development 100 feet from the riverbank as a safeguard in the event of future floods. The buffer strip could additionally be used as a walking trail or biking trail beside the river.

“It’s much more than a recreational use — it’s mitigating a flood hazard,” said Canton Town Manager Al Matthews.

Haywood County, along with the towns of Canton and Clyde, undertook the project shortly after massive flooding on the Pigeon left a devastating wake in 2004.

All three worked together to lock down $1 million from the state Clean Water Management Trust Fund. Though that is far less than the $10 million they originally applied for, the trio still has a chance of receiving additional funding from Clean Water.

Most of the work on the trail now involves acquiring conservation easements for nearly 100 properties in the flood plain next to the river, a process that could take years.

Property owners will be reimbursed for participating with a share of the $1 million that’s been set aside.

Though the program would be mutually beneficial to both landowners and the river, it will be strictly voluntary, according to Tony Sexton, project specialist for Haywood County.

For those who participate, farming alongside the Pigeon could continue, though building new structures would be forbidden.

For now, Sexton is not positive a full-fledged greenway will be achievable. He anticipates a checkerboard effect of conservation easements along the river.

“It’s unusual to get three or four property owners in a row that ever agree on anything,” said Sexton. “The odds of having a continuous swath of property owners is fairly remote.”

Asheville-based Martin-McGill Associates is coordinating the project and will be responsible for acquiring properties or negotiating conservation easements with property owners.

While everyone hopes that the 2004 disaster won’t repeat itself, a buffer would be helpful in case another major flood strikes, said Ellen McKinnon, grant administrator with Martin-McGill.

“This is a proactive thing to do before the next flood,” said Sexton.

McKinnon has begun talking to property owners about the easements, but still spends most of her time with paperwork at this stage.

Sexton agreed that securing the $1 million grant has been a drawn-out process.

“There’s lots of hoops to be jumped through and committees that only meet once every three months,” said Sexton.

Nevertheless, enthusiasm for the project hasn’t faded over the years.

“What we’re trying to do is make the Pigeon River as healthy as possible, so that it can handle the influx of water,” said McKinnon. “These buffers are incredibly helpful to keep the banks stable and keep that sedimentation out of the water.”

“We are excited,” said Joy Garland, town administrator for Clyde. “It’s a great opportunity for the towns, as well as the county.”

Foodies can have it all at the sixth annual Mélange of the Mountains culinary gala in Haywood County.

Many of the region’s best chefs will assemble at The Gateway Club in Waynesville to show off their finest fare and engage in head-to-head competition. Attendees can see which restaurant’s chef triumphs in each category as they mill about sampling the finest offerings from area restaurants.

Meanwhile, local chefs will face the challenge of creating extraordinary cuisine with basic kitchen equipment. Judges will determine whose dish triumphs in eight categories, including meat, fowl, seafood, salad, soup, dessert, and vegetarian.

This year, chefs will also concoct their best interpretation of the traditional French crepe, as part of a new category, the Folkmoot Exclusive Dish.

After the heat of competition subsides, the chefs will serve up savory samples directly from the menu of area restaurants. Those who attend can also sneak a peek at the expertly presented winning dishes.

There’ll also be a garde manger, or “keeper of the food,” who’ll prepare hors d’oeuvres and carve fruits and vegetables.

Patrick Tinsley, food and beverage director at The Gateway Club, has competed every year since Mélange started six years ago. But there’s little that’s predictable about the competition.

“I’ve thought ‘That’s the best thing I’ve ever made in my life,’ and it doesn’t win gold,” said Tinsley. Other times, Tinsley creates a dish that he’s less than enthusiastic about, and it wins big.

Last year was a phenomenal year for Tinsley, who placed in seven of the eight categories and won five gold medals.

But there’s no guarantee about this year’s Mélange, and many casual establishments have overtaken fine dining restaurants in the past.

Judges are kept in the dark about which chef created each dish. They base their scores solely on taste and plate presentation.

For Tinsley, the competition isn’t any more stressful than a typical evening in the Gateway Club kitchen.

“Most chefs are used to stress, they’re used to getting things out quickly, used to being judged,” said Tinsley. “Everything you put out is going to be judged.”

What is challenging, however, is crafting an exceptional dish on what basically amounts to camping gear. Cooks have to resort to using butane stoves, though they’ll sometimes also use a toaster oven or microwave.

“It’s not as nice as cooking out of your own kitchen,” said Tinsley.

The medal is well worth the effort, though. Winners stand to gain heavily from the exposure.

“There’s 300 people up there listening to see who won,” said Tinsley.

Chefs who participate in Mélange are naturally competitive, and friendly rivalries have sprung up over the years.

“It’s nice to stare down at Doug at Sweet Onion [Restaurant] and flash the gold,” said Tinsley. “But he’ll also do that back to you when he wins.”

Most restaurants will enter into one category, showcasing a specialty they have, like a decadent cheesecake or a hearty soup.

“I personally think it’s a good, healthy competition,” said Art O’Neil, who owns The Gateway Club. “Most of these chefs are stuck in their kitchen all the time. Nobody gets to see them.”

O’Neil, who helped come up with the event, said the Mélange is a chance to showcase local restaurants and allow Haywood County chefs to meet each other.

“The more we do to support each other, the more likely we’re all going to succeed in our business, and keep people from driving to Franklin, driving to Asheville to find food,” said O’Neil.

Tinsley said the competition also gives food lovers a better idea of who’s in the kitchen crafting their favorite dishes at local eateries.

“People have a certain image in their minds of chefs,” said Tinsley, but not everybody shows up to Mélange dressed in immaculate chef’s pants and coats.

Buying alcohol will become a lot more convenient for residents in Haywood County.

For the first time in 43 years, a new ABC store will be constructed in Waynesville.

The second location will be situated behind Hardee’s on South Main Street and will be accessed off the entrance drive into Wal-Mart. It will likely capture traffic from all over the county, snagging a greater share of ABC profits distributed in Haywood County.

For now, the Waynesville ABC board is close to finalizing the deal but is still awaiting approval from the state ABC commission.

“Everything’s looking pretty good right now,” said Waynesville ABC Chairman Earl Clark. “It’s a real ideal spot.”

The property itself will cost between $450,000 and $500,000, according to Clark. The store, which will measure about 5,000 square feet, will cost approximately $500,000 to construct.

Waynesville’s original ABC store was built in 1967 and is far too small, Clark said. The ABC board has been anxious to build a new store for several years.

“Our store is just small,” said Clark. “We have no way of displaying and stocking like a lot of the larger stores do.”

With only two alcohol shipments each month from Raleigh and little storage space, it’s been tough for the store to replenish stock.

The convenience of neighboring Wal-Mart might increase revenues for the ABC board, but the Town of Waynesville and Haywood County might not see a payoff any time soon.

Town Manager Lee Galloway said the additional expenses of debt payment, personnel and utilities will scoop up much of the new revenue generated by the store for years to come.

“I do think because of the cost of the store and the personnel involved, the town’s revenues are going down, not up,” said Galloway.

Local governments will only realize the full benefit of the new store when it is paid off.

The town estimates that it’ll receive $94,000 from ABC profits this year. Last year, the town got $112,000, which was spent on law enforcement and alcohol education.

Alternatively, the Town of Maggie Valley has received no money from ABC’s profits in the last few years. A second ABC store was built on Dellwood Road there in 2009.

“We’ve been allowing them to keep the excess to help pay for the second store,” said Tim Barth, town manager for Maggie Valley.

The town annexed a satellite tract a mile outside town limits to get a parcel close to Waynesville, grabbing customers who’d usually travel to Waynesville’s ABC store.

The ABC board in Maggie set aside money years in advance to buy inventory for the new store and save up for the debt payments.

Maggie’s second store was successful in luring customers away from Waynesville’s ABC store, due to its strategic geographic location that’s closer to Waynesville than Maggie. Sales rose for the Maggie Valley ABC board in 2008-2009, but not enough to save the board from landing in the red.

According to annual reports from the town of Maggie Valley, the ABC board operated at a loss of $5,600 in the ’08-’09 year. In comparison, the board’s income from operations in the 2007-2008 fiscal year was a solid $72,479.

Revenues at both the Maggie Valley and Waynesville ABC stores will likely be adversely affected by alcohol sales at Harrah’s Cherokee Casino. Liquor sales at the casino started in late 2009.

Is privatization on the way?

Talks of privatizing liquor sales in North Carolina may hinder Waynesville’s plans for a second Alcoholic Beverage Control store.

The governor has appointed a committee to study reform of the ABC system, including the possibility of privatizing alcohol sales.

Calls for reform were sounded after it was discovered that two ABC staffers in New Hanover County were being paid a combined $350,000 annually. Meanwhile, liquor industry representatives had treated Mecklenburg County ABC board staffers to multiple lavish meals, with one tab totaling $12,700.

Earl Clark, chairman of the Waynesville ABC board, said his board would be hesitant to build a new store if the state decides to follow through with privatization and end the monopoly of ABC boards.

“There’s no doubt that it would affect us because we don’t want to do something that we’d lose money or the town would lose money,” said Clark.

Clark said though the system could use reform, privatizing the system would prove harmful for local governments that get a cut of the profits.

“I think that it would hurt the town and the county on their distribution,” said Clark

Ghost Town in the Sky amusement park could be foreclosed on as early as June unless investors step forward with a cash infusion between now and then, according to Ghost Town’s bankruptcy attorney.

The theme park in Maggie Valley has been struggling with bankruptcy for the past year. Owners pledged to pull through and become profitable again.

But as of now, the company doesn’t have the money to ramp up to open for the summer season, according to David Gray, bankruptcy attorney for Ghost Town.

“We don’t have any funding to open the park,” Gray said in court last week.

Meanwhile, BB&T has been pushing to collect on its $9.5 million loan to Ghost Town. The current owners took out the loan to buy the park in 2007 and make major repairs. A frustrated BB&T has been calling for a court-ordered liquidation of Ghost Town, essentially a forced sale of the park to pay off its debts.

Ghost Town chose not to put up a fight in bankruptcy court last week and instead agreed to let BB&T start the wheels of foreclosure with one caveat: that it not take place before June. The move bought Ghost Town owners three months to continue their hunt for funding.

“They are going to try to put together some sort of financing,” Gray said.

Gray said it takes $250,000 to $300,000 to open the park for the season. Most of that goes to hire some 200 employees and pay their salaries until revenue from ticket sales starts to roll in, and to spruce up the grounds and get everything working again.

Ghost Town was supposed to formulate a plan on how it would emerge from bankruptcy and repay some $13 million in debt. Such a reorganization plan is required by the bankruptcy court.

The park owners came up with a plan that requires $2.3 million in new equity this year in order to pull off a reorganization, according to the bankruptcy administrator. But the plan fails to say where the new equity will come from. Gray said the park owners need more time.

Gray said Ghost Town will revise its reorganization plan — which faced serious court objections anyway — and present a new one if it can find the necessary capital.

If that doesn’t happen by June, Ghost Town will be sold to the highest bidder. CEO Steve Shiver could not comment on negotiations with potential investors but is positive about the eventual outcome.

What will become of Ghost Town?

If Ghost Town can come up with a new, viable plan between now and the June foreclosure proceedings, BB&T will likely be willing to work with Ghost Town and halt the foreclosure, Gray said. If Ghost Town is sold in foreclosure, it is unclear whether it would fetch enough to cover what BB&T is owed.

Ghost Town includes 288 acres and a collection of amusement park rides. Often with foreclosures, the bank holding the mortgage ends up owning the property.

“Do you think BB&T wants it?” Grey asked. “It’s the tar baby. What are they going to do with it?”

Prospects of a buyer are complicated by a mudslide originating from Ghost Town’s property last month. Who’s liable for the cleanup and stabilization is still being debated.

Maggie Valley Mayor Roger McElroy just hopes that it stays an amusement park rather than getting turned into a real estate development.

“Whoever can make a go of it will be what’s best for the town, whether it is this group or another group,” McElroy said.

Ghost Town is zoned commercial by the town. Residential is not allowed without an exemption. If a future owner wants to turn the mountaintop into a residential development, they would have to seek an exemption from the town zoning board of adjustment.

When Ghost Town’s current owners appeared on the scene in 2007, the park had been closed for five years.

“A lot of motels and restaurants were hanging on by the skin of their teeth. When Ghost Town opened back up, it made a difference,” McElroy said.

Lacking start-up capital for the season is not new, however. Ghost Town faced the same problem last year. Ghost Town CEO Steve Shiver went on an extensive but unsuccessful hunt for public funding from the Town of Maggie Valley, and courted numerous local and regional tourism and economic development entities but to no avail.

The town was unwilling to pledge tax dollars to help the struggling amusement park reopen with no guarantee it would be paid back. Investors, many of them Maggie Valley business people, chipped in to provide the capital to get the park open.

Brenda O’Keefe, owner of Joey’s Pancake House, invested in the park’s new owners out of her love and devotion for Maggie Valley. For four decades, Ghost Town was an anchor attraction that pulled tens of thousands into Maggie Valley each summer and fall. Like so many, O’Keefe was eager to see it reclaim its former glory.

“Was I 100 percent sure it was going to make it? No. But the motel owners have to have people come into Maggie Valley and stay overnight to make it,” O’Keefe said. “I am a member of this community, and I want to see it thrive.”

So she and others stepped up to the plate.

When Ghost Town reopened in 2007 after five years of being closed, it garnered lots of media attention. Now, it could be worse than if it had never reopened at all.

“A closed amusement park is one thing. A failed amusement park is much worse,” O’Keefe said.

Feedback from customers who had visited Ghost Town was all positive this year, which hasn’t always been the case, O’Keefe said. O’Keefe said that shows the park and its employees were trying their hardest to provide tourists with a positive experience. O’Keefe believes the park is almost where it needs to be, but has been a victim of the economy.

“If you got the figures for all theme parks last year, it wasn’t good,” O’Keefe said. “Everybody’s figures were way down. It is not just Ghost Town.”

O’Keefe credits Ghost Town CEO Steve Shiver for doing all he could.

“He has worked very hard to try to keep it going. He has put a lot of money into it certainly more than anyone else,” O’Keefe said. “It is just a matter of having enough capital to go forward. It has always had a problem of being undercapitalized.”

Like McElroy, O’Keefe is concerned about the impacts to Maggie Valley business owners if Ghost Town doesn’t open this year.

“We are very distressed about it,” O’Keefe said, adding that it is time for the town to get creative. “We are certainly going to be looking for something else to bring people to Maggie. We are not going to sit on the sidelines.”

Ghost Town buys time to find financing

When Ghost Town agreed to a June foreclosure by BB&T, what could have been a lengthy and dramatic courtroom showdown last week was reduced to less than five minutes.

Had Ghost Town pushed ahead with the reorganization plan in its current form, it’s unclear whether a judge would have approved it. It faced serious hurdles due to inadequacies, according to Alexandria Kenny, a federal bankruptcy administrator who works for the bankruptcy court.

Kenny wrote in her objection that the plan is “vague, ambiguous and not feasible,” and even called one portion “absurd.”

A handful of major stakeholders objected to the plan.

BB&T claimed the plan was not proposed in “good faith.” BB&T also objected to the general way Ghost Town has conducted itself during bankruptcy proceedings. Ghost Town’s reorganization plan was slow to materialize, requiring several court extensions. It has repeatedly failed to meet other court-imposed deadlines for filing various financial documents.

Failure by Ghost Town to pay its taxes in 2009 led both Haywood County and the town of Maggie Valley to object to the reorganization plan. Both are still owed taxes from 2008 as well.

Everyone owed money by Ghost Town could vote on the plan. Other than BB&T, there are 225 companies collectively owed $2.5 million from Ghost Town for everything from radio ads to souvenir merchandise to plumbing parts. Of those, 90 sent in ballots and 84 voted in favor of the reorganization, Gray said. It’s not surprising since those companies stand at the back of the line. Under a foreclosure or liquidation, the park’s 288 acres would have to sell for more than $10.5 million before those companies saw their first nickel.

Under reorganization, Ghost Town proposed paying back those 225 companies starting in summer 2011 based on a 6.5 percent cut of the park’s revenue. Kenny objected that Ghost Town should pledge a specific minimum dollar amount it would pay each year.

Still piling on debt

While in bankruptcy protection, Ghost Town got a hiatus from bill collectors and old debt. But the park continued to rack up new debt during 2009.

Financial filings show past due bills of more than $400,000 still lingering from last year. Some are for goods and services rendered, like attorney’s fees, termite exterminators and a marketing consultant.

But there are also hefty utility bills. Ghost Town owes a water bill of $4,430 and power bill of $20,000, both of which were cut off due to failure to pay at the end of the season last year. It owes AT&T $2,000.

Other past due bills from 2009 include $85,000 in property taxes to the town of Maggie and Haywood County. Both are still owed taxes from 2008 as well.

Ghost Town also owes the state $10,500 in sales tax from 2009 and $4,800 in amusement tax. It owes the IRS $2,300.

In addition to $400,000 in past due bills from 2009, Ghost Town owed investors and partners $712,000 that was put up over the course of the year. Ghost Town has listed the $712,000 from as part of its debt to be repaid.

Ghost Town’s current reorganization plan forecasts the park would continue operating at a loss until 2013, even with the infusion of new equity to the tune of $4 million over the same three year period, according to the bankruptcy administrator.

A proposed health board rule in Haywood County has reignited a debate about how far officials can go when it comes to private property.

Public outcry crushed a nuisance ordinance considered by the county last spring. Now, it’s made a dent in the health board’s plans to amend a little known rule from 1970.

The rule spells out how to safely store garbage that can attract disease-carrying pests, like rodents and mosquitoes. With the new amendment, the health director is allowed to step onto private property if a property owner is uncooperative. Violators can be charged with a misdemeanor.

State law has long allowed health directors in North Carolina to abate public health risks by entering private property. They can even clean up the property if the owner refuses and recoup the cost through a lien.

The health board was ready to vote on the amendment with little ado in January. But a crowd of 75 rallied at the last minute and turned up to oppose it. The stunned board members decided to hold off on the vote.

A few changes to the rule change were announced last week after the board gathered for a work session. The rule now requires the health director to first obtain an administrative search warrant before entering private property — unless there’s an imminent hazard.

“Imminent hazard” means a situation that is likely to cause an immediate threat to human life, an immediate threat of serious physical injury, an immediate threat of serious adverse health effects, or a serious risk of irreparable damage to the environment if no immediate action is taken.

Haywood County Health Director Carmine Rocco said even in such an emergency case, he’d try to seek consent first.

Constitutional or not?

Many at the January meeting had cried that the health board rule was simply a back-door approach to passing a public nuisance ordinance they already defeated.

Jonnie Cure, who helped round up the opposition, argued that if neighbors were putting her health at risk, she could just take them to civil court.

“If somebody is putting my life in danger, I have remedy,” said Cure. “I don’t need to sic the health department on them.”

Lenise Paschke, pharmacist and chair of the Haywood health board, said the board didn’t have the time or the energy to police people’s yards.

“It is not our intention to go running through the county, entering people’s property. These statutes have been on the books quite a while. We haven’t done that yet,” said Paschke.

The health board maintains that the rule is a way to protect public health — not address aesthetic issues.

“It has nothing to do with how many bikes somebody has in their front yard or issues related to personal taste,” said Rocco.

The rule is more narrowly tailored than the nuisance ordinance considered by county commissioners last spring. The nuisance ordinance would have cracked down on junk on peoples’ property, prohibiting everything from outdoor storage of scrap metal to junked cars to non-maintained swimming pools.

County Attorney Chip Killian said the health board has gone out of its way to satisfy concerned citizens with recent changes. Killian considers the state law to be wholly constitutional.

“That’s really going the extra step, we feel,” said Killian.

But opponents argue the state law violates the Fourth Amendment of the Constitution, which protects citizens from unreasonable searches.

“The victim here is the property owner, not the person who’s supposedly put at risk,” said Cure.

Waynesville Attorney Russell McLean said a search warrant should be required every single time, despite state law saying otherwise.

Killian disagrees.

“It’s not up to us to decide whether the state statute is unconstitutional or not,” Killian said. “I don’t believe it is, but if it is, that’s another matter. We’re supposed to proceed under guidelines of state law.”

Rarely used rule

Rocco has worked in public health in North Carolina for more than 20 years and has never stepped on private property without the owner’s cooperation.

Usually, the health director works with property owners and educates them on the public health risks lurking in their backyard.

Knowing the health director could enter their property or put a lien on their land might provide an incentive to cooperate.

“This just gives us one more tool for us to address public health concerns,” said Rocco. “I will do what I think is necessary to protect the public’s health.”

Storing garbage improperly can attract flies, rats, snakes or other disease-carrying animals. Property owners who allow standing water to collect provide a breeding ground for mosquitoes, which can also spread disease.

Lacrosse encephalitis is of particular concern in Western North Carolina, which sees a few cases every year. Last year, through November 2009, four cases of lacrosse encephalitis were reported to the health department in Haywood. A boy in Cherokee died last year from the mosquito-borne disease.

Other complaints included 33 sewage complaints, nine vector complaints and six trash complaints — all would fall under the rule in question. Vectors are disease-carrying animals.

The rule regulating solid waste has been on the books for 40 years but was sitting dormant for the past two decades until it was rediscovered last year.

A solid waste task force was created last summer to look at where modifications to the rule needed to be made. The task force worked for several months to amend the rule and held public meetings to discuss the issue before the vote in January.

“Unfortunately, nobody came,” said Rocco.

The health board will decide the next steps at its meeting on Wednesday, March 10.