Demand for referendums impractical, says county attorney
Haywood County Attorney Chip Killian had his response ready for the citizen activists who have incessantly demanded referendums on a string of controversial county decisions.
At Monday’s commissioners’ meeting, Killian informed them that state law actually forbids counties from holding such referendums without approval by the state legislature.
In recent months, a few citizens have insisted on holding a vote of the people on purchasing the former Wal-Mart shopping center to house the county’s DSS and health departments.
They’ve also asked for a vote on supporting overtly Christian prayers by commissioners to open public meetings, despite the risk of a lawsuit.
County commissioners are required by law to hold referendums on general obligation bonds, but they cannot initiate a vote by the people on any other issue without first obtaining permission from the General Assembly.
“It is unlawful to use public funds to set up and hold a referendum that the General Assembly has not authorized,” said Fleming Bell, a professor of public law and government with University of North Carolina-Chapel Hill.
Commissioner Mark Swanger estimates that it would cost at least $30,000 in taxpayer money to fund a referendum. “It’s not something that can just be done because you want to do it,” said Swanger.
A vote by the people is required every time a loan is backed by the “full faith and credit” of taxing power of the county, according to Commissioner Kevin Ensley.
Since the county is purchasing the former Wal-Mart property, it can use that property as collateral. Because the county is not completely relying on its taxing power to back the loan, it is exempted from the referendum requirement.
Moreover, Ensley said a referendum in this case is just not practical.
“I don’t think the seller would wait for November for us to do that,” said Ensley.
Ensley admitted that even he would not wait for a vote if he were selling property, adding that real estate agents would be similarly reluctant to wait months for a referendum to secure a deal.
Not every decision requires county commissioners to run down to Raleigh to get approval for a referendum, Ensley added.
“We don’t live in a democracy, we live in a constitutional republic,” said Ensley. “You vote for people to represent you.”
Unlike most voters in a referendum, commissioners and county staff spend hours researching issues before they make a decision, Ensley added.
“If you aren’t educated on the issues, how will you know?” said Ensley. “Your vote might not be informed.”
Swanger emphasized citizens don’t need a referendum to express how they feel on pressing issues. They have other avenues for expressing their opinions, like commenting at public meetings or through letters to local newspapers.
While Ensley and Swanger said a referendum would have no legal effect, Fleming said his understanding is that the General Assembly can actually require a referendum to be binding.
Both commissioners had cited a referendum Buncombe County held on zoning in the 1990s. In that case, the advisory vote was nonbinding, and commissioners later passed zoning changes despite a majority of voters opposing the measure.
Commissioners defend Wal-Mart purchase
Swanger said it’s a “very small number” of opponents who are requesting a referendum. He said the handful of people who make regularly public comment at county meetings don’t necessarily represent the rest of Haywood County’s 60,000 residents.
Swanger said he’s spoken to many people who have studied the issue and are in favor of the Wal-Mart purchase.
However, Swanger admits that there were opponents who have legitimate concerns about spending taxpayer money or have a philosophical disagreement with the commissioners. But he suspects the motives of a few who demand a referendum.
“I think some of it is a political agenda of being against anything the government does unless it benefits them,” said Swanger. “There’s a group of people who are just anti-government, and I don’t think it matters what the decision is.”
Ensley said in his experience, public opinion is split 50-50 on the Wal-Mart renovation project, but those who are for small government and against the Wal-Mart purchase often change their mind once Ensley explains the county’s justifications. Ensley tells them that state would require the county to build a new facility that could cost between $20 and $25 million if commissioners don’t take action.
“They see the common sense behind doing it and taking care of that situation,” said Ensley. “Unless you don’t want to do it at all, it makes sense to do it.”
Ensley said renovating the DSS facility would not solve parking problems or provide additional space for necessary expansions. “The building was built for a hospital, not for offices,” said Ensley.
Ensley also tells opponents that much of the debt payment would be offset by outside funds.
Of the annual debt payments, Haywood County would pay $260,000, about $260,000 would come from state and federal reimbursements, and $125,000 would come from Tractor Supply, which is leasing part of the old Wal-Mart building.
According to Swanger, Congressman Heath Shuler has also requested $6 million from the federal government to fund the Wal-Mart project.
Finance director Julie Davis says that Haywood County’s preliminary Rural Development loan application has been approved at the state level. Commissioners have not discussed a tax increase to finance the project, Davis added.
Haywood commissioner candidates
Democrat candidates, pick three
Raymond L. Brooks, 59, owner of trucking company
Brooks has worked with citizens for more than 30 years as a preacher at Waynesville’s Bible Baptist Church. He wants to reduce the county debt and be more careful with spending. Brooks would also like to bring in more jobs and help the education system.
voteraymondbrooks.com
J.W. “Kirk” Kirkpatrick, 41, attorney, incumbent
Kirkpatrick has served as county commissioner since 2002, and became chairman of the board in 2008. He says his experience will be helpful in successfully managing county funds. Kirkpatrick would also like to continue work on the Wal-Mart renovation project and see good and reasonable use of the Haywood Community College’s quarter-cent sales tax.
John C. McCracken, 66, retired assistant superintendent and finance officer for Haywood County Schools
McCracken wants to hold the line on spending until the economy improves and keep the tax rate as low as possible. He said as a former Board of Education member, he’s already learned a lot about how the county budget operates.
Rhonda Schandevel, 45, dental hygienist
As a parent of a disabled son, Schandevel is a long-time advocate for children with special needs. She wants to work with the economic development commission, tourism development authority and local chambers of commerce to bring jobs with good wages and benefits to Haywood County.
www.facebook.com/pages/VOTE-for-Rhonda-Cole-Schandevel/112728778739407
Michael Sorrells, 53, owner of service station, convenience store and café
Sorrells has served on the Haywood County School Board for six years. He oversaw the construction of a new school in Bethel and flood repairs. No burning issues drove Sorrells to seek office, other than hopes to move Haywood County forward with better leadership.
www.michaeltsorrells.com
Bill Upton, 65, retired superintendent of Haywood County Schools, incumbent
Upton is nearing the end of his first term as county commissioner. Education is his first priority, both in the public school system and at Haywood Community College. Upton vows to keep the tax rate as low as possible, pointing out that 83 of the state’s 100 counties have higher tax rates than Haywood County.
* Frank “Danny” James will appear on the ballot but dropped out from the election last week due to personal reasons.
Republican candidates, pick three
David Bradley, 44, sales
Bradley hopes to create a diverse economy with stable jobs, especially for younger generations. Bradley says Haywood should focus on more than just tourism and create policies that are friendly to entrepreneurs. He hopes to create a strategic plan for the county with specific goals and objectives for the next 15 years.
www.bradleyforcommissioner.com
Tom Freeman, 52, building contractor
Freeman says his children and grandchildren have already been burdened with the commissioners’ out of control spending and the county’s high taxes. As commissioner, Freeman would like to work on getting the county debt-free by slowing down spending and putting an end to borrowing.
Jeanne Sturges Holbrook, 48, self-employed
Holbrook would like to stand up to state lawmakers who push state mandates on counties. She would also like to address the high percentage of the county population dependent on public assistance. Holbrook said she would be independent and objective if elected as commissioner.
www.holbrookforcommissioner.com
Denny King, 52, engineer
King said he decided to run because he believes the commissioners are spending too much money. King is a strong advocate for property rights and running a smaller, constitutional government. He opposes the proposed health board rule, which carries a maximum penalty of a misdemeanor for creating a public health risk by improperly storing trash.
www.dennykingforcommissioner.com
Michael “Hub” Scott, 45, maintenance supervisor for Canton paper mill out on disability
Scott plans to hold down taxes, spending and regulation. He hopes to provide incentives to keep established businesses running and attract new ones. Due to a brain tumor, Scott is now on disability. He promises to donate his salary as commissioner to the community kitchen in Canton.
Haywood commissioner candidates tackle the county’s hot-button issues
Six Democrats and five Republicans are vying for three seats on the Haywood County board of commissioners. Only three from each party will advance past the May 4 primary to the November election. The Smoky Mountain News spoke with the candidates about some of the most pressing issues in the county.
Excessive spending?
Commissioners caught flak from some citizens for raising the tax rate by 1.7 cents last year amidst one of the worst recessions to strike the country. They claim the board is spending beyond taxpayers’ means.
A different group criticized commissioners for making excessive cuts and slashing millions from the budget.
Earlier this year, commissioners decided to purchase a former Wal-Mart in Clyde to house the Department of Social Services and Health department, which had long awaited a move from its aging facilities. The total Wal-Mart project will cost taxpayers an estimated $12.5 million.
At the county fairgrounds, taxpayers will be taking on a loan of up to $800,000 to pay off outstanding debt and make improvements.
The county board has been accused of “bailing out” the fairgrounds board, a nonprofit that’s been unable to keep up with loan payments after the commissioners cut all funding when the economy tanked.
Moreover, commissioners were chastised for spending more than $4.5 million last year to expand the landfill, which was running out of room.
Raymond L. Brooks (D) says the commissioners were quick to jump the gun on the Wal-Mart purchase, and opposes pulling the property from the tax base. Brooks supports a vote by the people on such major decisions. He said there must be better planning in general for deteriorating facilities in order to prevent impulse spending in the future.
Kirk Kirkpatrick (D) said the cost of rehabilitating the existing DSS building would far exceed the cost of purchasing and renovating the old Wal-Mart. “It may be difficult for some people to grasp that now, but I am in hopes that 10 years from now folks will look back and say it was a tough decision, but it was a good decision.”
John McCracken (D) said he won’t criticize the commissioners, who had to make “very, very tough decisions” during the last budget process. He is concerned with the timing of the Wal-Mart purchase, however. McCracken would have liked to see the DSS building renovated and considers it a landmark in the county. McCracken said he considers the fairgrounds a county operation and supports the commissioners’ purchase.
Rhonda Schandevel (D) wants to identify and cut any wasteful spending in the county. Schandevel supports the Wal-Mart purchase, because it was a good deal financially and because the DSS and health departments were in jeopardy of losing funding if no action was taken.
Michael Sorrells (D) says he’s had to cut back as a business owner and a homeowner, and he believes the county must do the same. Though the rough economy made the Wal-Mart purchase more affordable, Sorrells believes the decision came at the “most inopportune time.” He supports the county’s purchase of the fairgrounds, however, because he believes the venue will be profitable in the long run.
Bill Upton (D) stands by the board’s decision to purchase the old Wal-Mart rather than renovating the old DSS building. “It was going to cost us so much more to renovate and add space, that it was not cost-effective.” Upton said the fairgrounds can be profitable in the long-run. Although commissioners raised the tax rate, Upton commended the board for balancing that “small increase” with cuts in funding and positions.
David Bradley (R) said he won’t throw stones at a glass house and believes commissioners did what they deemed necessary on Wal-Mart. “The deal’s done, no matter whether you’re for it or against it.”
Going forward, Bradley would like to reduce debt, pay off obligations and sell some of the county’s current property.
When it comes to the budget, Tom Freeman (R) said commissioners are not thinking things out before they act. Freeman would have supported the fairgrounds purchase if the county had enough money to pay for the purchase without a loan.
Jeanne Sturges Holbrook (R) would not comment on the job that commissioners are doing, but says that there’s an urgent need to face fiscal responsibility. “Regardless of whether the budget is $65 million or $6 million, reducing debt, reducing expenses, that’s what’s needed.”
Denny King (R) criticizes the commissioners’ timing on the Wal-Mart purchase. He said that citizens should have voted on both that decision and the fairgrounds takeover. King said the county could have gotten by longer in the current DSS building.
Michael “Hub” Scott (R) says commissioners should not be in the real estate business.
Scott supports the commissioners’ decision to purchase the fairgrounds, however, since it brings business to the county from all over the Southeast.
Tackling a rare conflict with HCC
County commissioners are still at odds with Haywood Community College over new construction and maintenance needs at the college.
Commissioners accuse HCC of overspending on environmentally-friendly and optional features at the planned creative arts building. They say a quarter-cent sales tax that was passed by voters to fund new construction and expansion at HCC should be used responsibly.
Meanwhile, HCC wants the county to restore funding for maintenance — which was cut by two-thirds during the recession — so it doesn’t have to dip into sales tax money for repairs and renovations.
Raymond L. Brooks (D) said he is not in a place to take a side on the conflict, but emphasized the commissioners should not cut back on education even during a recession. “Young people are our future.”
Kirk Kirkpatrick (D) would like HCC to use the quarter-cent sales tax to construct new facilities “as reasonable as possible,” and use the leftover funds for maintenance and other improvements. Kirkpatrick said the college will continue to get a line item appropriation for maintenance, though he does not anticipate seeing the funding go back to the pre-recession level of $500,000.
John McCracken (D) hopes the commissioners and college leaders can reach a compromise that will work for the time being. He recognizes that HCC has critical needs and wants to help the college as much as possible, but suggests temporarily using a portion of the sales tax money for maintenance until the economy recovers.
Rhonda Schandevel (D) said the county has a responsibility to HCC and to the buildings in the county. Schandevel said many worked hard to pass the sales tax increase, so it should be committed to new construction and not supplant existing appropriations. “I believe that the county should look at increasing the funding.”
Michael Sorrells (D) said it would be ideal to restore full funding to HCC and the public school system, but until the economy recovers, schools must make arrangements to get through this tough time.
Bill Upton (D) said HCC will receive as much as $2.6 million from the quarter-cent sales tax that they may use for any immediate needs. “That money is their money.” Upton said the conversation with the college is ongoing, and the commissioners will look at the possibility of raising funds for maintenance.
David Bradley (R) says HCC might have to put some projects on hold until the economy straightens out. “Right now, it’s maybe not the best time to actually go into the building process.”
Tom Freeman (R) says that like each county department, HCC should work with the money that it’s presently receiving from the county. “We’ll see what happens in a year or two years down the road.”
Jeanne Sturges Holbrook (R) had no comment on whether the county’s funding to HCC should be changed. Holbrook believes the college should utilize the quarter-cent sales tax money for only those uses approved by voters in the referendum.
Denny King (R) says he’s not familiar enough with the issue to take a side. But the sales tax increase that the voters supported should go only to HCC, King said.
Michael “Hub” Scott (R) said the quarter-cent sales tax must only fund new buildings. He said if the college could pursue another quarter-cent increase to help maintain its buildings if it really needs the funds. However, state legislators would have to approve that measure, and they are unlikely to do so again.
Confronting the local 9-12 movement
A group of citizen activists launched the 9-12 Project in Haywood County, a national movement that supports small, fiscally conservative government and is similar to the Tea Party.
Members have presented themselves as dedicated watchdogs. They are conspicuous at every county meeting, where they barrage commissioners with questions and criticisms.
Commissioners often respond, but have argued that the 9-12 group is actually costing taxpayers more money by taking valuable time away from the county staff. Commissioners say it’s one thing to request public information, but it’s another to ask for one-on-one Q&A sessions or PowerPoint presentations.
Raymond L. Brooks (D) says any kind of improvement usually begins at the grassroots level. “That seems to be something our commissioners have forgotten, especially these last several months.” Though some 9-12 members “want to get on tangents,” that is the case with many groups across the country, Brooks said.
Kirk Kirkpatrick (D) said the 9-12 movement is helping people become more aware of government and express their own opinions. But like with any group of people, Kirkpatrick believes there are a few bad apples. “I think there are people with good intentions in the 9-12 group, and those that I question whether their intentions are truly to find out the truth...Clearly, there’s some attempt to create publicity.”
John McCracken (D) said having more people interested in government is always a positive. He’s attended three 9-12 functions and recognizes that many of the members have legitimate concerns. McCracken said as assistant superintendent, he welcomed the opportunity to address questions and took time to personally explain financial concerns.
Rhonda Schandevel (D) said it’s great any time people get involved in government, and she respects everyone’s opinion. But Schandevel doesn’t appreciate the anger members display. “It’s one thing for there to be passion and to do something with that passion, but when there’s anger, that is such an unproductive emotion.”
Michael Sorrells (D) agrees with a lot of the 9-12 group’s goals, like efficient and smaller government and lower taxes. Sorrells admits that government has “gone away from the people,” but that they still have to govern. “You elect them to make decisions. If you don’t like their decisions, then you vote them out.”
Bill Upton (D) says the 9-12 movement is positive for Haywood County. Upton admits that the group takes time away from taxpayer-supported county staff, but he supports citizen involvement and receiving broader opinions.
David Bradley (R) says people across the country feel ignored by their government. “They feel that nobody’s listening and nobody cares.” Bradley said the 9-12 group has every right to voice concerns and organize. To avoid taking up too much county staff time and to allow more participation from home, Bradley advocates posting all public information on the Haywood County Web site.
Tom Freeman (R) said commissioners should listen to the group and any other citizens who want to talk. “Listen to what they’ve got to say, not let it go in one ear and out the other. Let it rest in between.”
Jeanne Sturges Holbrook (R) plans to speak to the 9-12 group and says it’s positive to see citizens tune in to their local, state and federal government.
Denny King (R) has spoken to the 9-12 organization and said the group is doing a good job. King supports their goals of keeping taxes low and ensuring the government remains constitutional.
Michael “Hub” Scott (R) said he doesn’t know much about the 9-12 group, though members have contacted him to ask if he is a conservative, to which he replied yes.
The latest prayer debate
A lawsuit in Forsyth County sparked debate over whether it is constitutional to say overtly Christian prayers at county government meetings, causing commissioners to tread cautiously in making specific references to Jesus.
Some were outraged by the move, claiming commissioners should be allowed to pray however they please. But others argued that commissioners represent the government, which is forbidden from sponsoring any particular religion.
A few said fighting a lawsuit with taxpayer money would be worth the ability to pray in Jesus’ name at meetings. They demanded a vote by the people on the issue.
Raymond L. Brooks (D) said commissioners should be allowed to pray to whoever they’d like, whether it’s Jesus or Allah. “The First Amendment was given to protect the people. It wasn’t given to protect the government.” Brooks says he’ll stick by his convictions and pray in Jesus’ name if elected.
Kirk Kirkpatrick (D) said the issue isn’t one that gets to be decided by a vote by the people. “I believe the Constitution has already decided...A vote is not above the law that has been established.”
John McCracken (D) said he supports a moment of silence to allow those who want to pray do so to their particular God. McCracken would like to open the meeting with prayer, but he said there are firm opinions on both sides. “You can get involved in some very expensive litigation.”
Rhonda Schandevel (D) said no one could take prayer away from her, but she would respect other people’s religious beliefs. “As much as I believe in my lord Jesus Christ ... we should not force it down anybody’s throats.”
Michael Sorrells (D) said he supports holding a prayer at the outset of meetings, but that the issue of a separation of church and state is involved. Sorrells supports saying the Lord’s Prayer, which doesn’t expressly say Jesus but is clearly praying to the Christian God.
Bill Upton (D) has not changed his prayer since he took office four years ago. “I’ve never had Jesus in my prayer, but just used Heavenly Father. It wasn’t something I thought about.”
David Bradley (R) says he understands both sides. He would like to hold a prayer with fellow commissioners ten minutes before going into a public meeting. Bradley pointed out that the country’s founding fathers were very religious and their values are still relevant today.
Tom Freeman (R) said it’s sad that Jesus has to be taken out of everything. “If I need to pray at the commissioners meeting, I’ll pray. I will not leave his name out. He’s number one in my life.”
Jeanne Sturges Holbrook (R) said religion is a private matter and would not comment on whether she would or would not pray to open meetings as commissioner.
Denny King (R) said the Bible plainly teaches that Christians have to pray in the name of Jesus. “I will make it known to the other commissioners that if I pray, I will pray in Jesus’ name.” King said it’s not an issue that needs to be voted on.
Michael “Hub” Scott (R) said he would pray in Jesus’ name as commissioner. Scott said it was “pathetic” that the judicial branch, rather than the legislature, is running the government. “I don’t need a college degree or be from out of town to know why this country is going straight to Hades. We have no morals anymore.”
Haywood commissioner candidates tackle the county’s hot-button issues
Six Democrats and five Republicans are vying for three seats on the Haywood County board of commissioners. Only three from each party will advance past the May 4 primary to the November election. The Smoky Mountain News spoke with the candidates about some of the most pressing issues in the county.
Excessive spending?
Commissioners caught flak from some citizens for raising the tax rate by 1.7 cents last year amidst one of the worst recessions to strike the country. They claim the board is spending beyond taxpayers’ means.
A different group criticized commissioners for making excessive cuts and slashing millions from the budget.
Earlier this year, commissioners decided to purchase a former Wal-Mart in Clyde to house the Department of Social Services and Health department, which had long awaited a move from its aging facilities. The total Wal-Mart project will cost taxpayers an estimated $12.5 million.
At the county fairgrounds, taxpayers will be taking on a loan of up to $800,000 to pay off outstanding debt and make improvements.
The county board has been accused of “bailing out” the fairgrounds board, a nonprofit that’s been unable to keep up with loan payments after the commissioners cut all funding when the economy tanked.
Moreover, commissioners were chastised for spending more than $4.5 million last year to expand the landfill, which was running out of room.
Raymond L. Brooks (D) says the commissioners were quick to jump the gun on the Wal-Mart purchase, and opposes pulling the property from the tax base. Brooks supports a vote by the people on such major decisions. He said there must be better planning in general for deteriorating facilities in order to prevent impulse spending in the future.
Kirk Kirkpatrick (D) said the cost of rehabilitating the existing DSS building would far exceed the cost of purchasing and renovating the old Wal-Mart. “It may be difficult for some people to grasp that now, but I am in hopes that 10 years from now folks will look back and say it was a tough decision, but it was a good decision.”
John McCracken (D) said he won’t criticize the commissioners, who had to make “very, very tough decisions” during the last budget process. He is concerned with the timing of the Wal-Mart purchase, however. McCracken would have liked to see the DSS building renovated and considers it a landmark in the county. McCracken said he considers the fairgrounds a county operation and supports the commissioners’ purchase.
Rhonda Schandevel (D) wants to identify and cut any wasteful spending in the county. Schandevel supports the Wal-Mart purchase, because it was a good deal financially and because the DSS and health departments were in jeopardy of losing funding if no action was taken.
Michael Sorrells (D) says he’s had to cut back as a business owner and a homeowner, and he believes the county must do the same. Though the rough economy made the Wal-Mart purchase more affordable, Sorrells believes the decision came at the “most inopportune time.” He supports the county’s purchase of the fairgrounds, however, because he believes the venue will be profitable in the long run.
Bill Upton (D) stands by the board’s decision to purchase the old Wal-Mart rather than renovating the old DSS building. “It was going to cost us so much more to renovate and add space, that it was not cost-effective.” Upton said the fairgrounds can be profitable in the long-run. Although commissioners raised the tax rate, Upton commended the board for balancing that “small increase” with cuts in funding and positions.
David Bradley (R) said he won’t throw stones at a glass house and believes commissioners did what they deemed necessary on Wal-Mart. “The deal’s done, no matter whether you’re for it or against it.”
Going forward, Bradley would like to reduce debt, pay off obligations and sell some of the county’s current property.
When it comes to the budget, Tom Freeman (R) said commissioners are not thinking things out before they act. Freeman would have supported the fairgrounds purchase if the county had enough money to pay for the purchase without a loan.
Jeanne Sturges Holbrook (R) would not comment on the job that commissioners are doing, but says that there’s an urgent need to face fiscal responsibility. “Regardless of whether the budget is $65 million or $6 million, reducing debt, reducing expenses, that’s what’s needed.”
Denny King (R) criticizes the commissioners’ timing on the Wal-Mart purchase. He said that citizens should have voted on both that decision and the fairgrounds takeover. King said the county could have gotten by longer in the current DSS building.
Michael “Hub” Scott (R) says commissioners should not be in the real estate business.
Scott supports the commissioners’ decision to purchase the fairgrounds, however, since it brings business to the county from all over the Southeast.
Tackling a rare conflict with HCC
County commissioners are still at odds with Haywood Community College over new construction and maintenance needs at the college.
Commissioners accuse HCC of overspending on environmentally-friendly and optional features at the planned creative arts building. They say a quarter-cent sales tax that was passed by voters to fund new construction and expansion at HCC should be used responsibly.
Meanwhile, HCC wants the county to restore funding for maintenance — which was cut by two-thirds during the recession — so it doesn’t have to dip into sales tax money for repairs and renovations.
Raymond L. Brooks (D) said he is not in a place to take a side on the conflict, but emphasized the commissioners should not cut back on education even during a recession. “Young people are our future.”
Kirk Kirkpatrick (D) would like HCC to use the quarter-cent sales tax to construct new facilities “as reasonable as possible,” and use the leftover funds for maintenance and other improvements. Kirkpatrick said the college will continue to get a line item appropriation for maintenance, though he does not anticipate seeing the funding go back to the pre-recession level of $500,000.
John McCracken (D) hopes the commissioners and college leaders can reach a compromise that will work for the time being. He recognizes that HCC has critical needs and wants to help the college as much as possible, but suggests temporarily using a portion of the sales tax money for maintenance until the economy recovers.
Rhonda Schandevel (D) said the county has a responsibility to HCC and to the buildings in the county. Schandevel said many worked hard to pass the sales tax increase, so it should be committed to new construction and not supplant existing appropriations. “I believe that the county should look at increasing the funding.”
Michael Sorrells (D) said it would be ideal to restore full funding to HCC and the public school system, but until the economy recovers, schools must make arrangements to get through this tough time.
Bill Upton (D) said HCC will receive as much as $2.6 million from the quarter-cent sales tax that they may use for any immediate needs. “That money is their money.” Upton said the conversation with the college is ongoing, and the commissioners will look at the possibility of raising funds for maintenance.
David Bradley (R) says HCC might have to put some projects on hold until the economy straightens out. “Right now, it’s maybe not the best time to actually go into the building process.”
Tom Freeman (R) says that like each county department, HCC should work with the money that it’s presently receiving from the county. “We’ll see what happens in a year or two years down the road.”
Jeanne Sturges Holbrook (R) had no comment on whether the county’s funding to HCC should be changed. Holbrook believes the college should utilize the quarter-cent sales tax money for only those uses approved by voters in the referendum.
Denny King (R) says he’s not familiar enough with the issue to take a side. But the sales tax increase that the voters supported should go only to HCC, King said.
Michael “Hub” Scott (R) said the quarter-cent sales tax must only fund new buildings. He said if the college could pursue another quarter-cent increase to help maintain its buildings if it really needs the funds. However, state legislators would have to approve that measure, and they are unlikely to do so again.
Confronting the local 9-12 movement
A group of citizen activists launched the 9-12 Project in Haywood County, a national movement that supports small, fiscally conservative government and is similar to the Tea Party.
Members have presented themselves as dedicated watchdogs. They are conspicuous at every county meeting, where they barrage commissioners with questions and criticisms.
Commissioners often respond, but have argued that the 9-12 group is actually costing taxpayers more money by taking valuable time away from the county staff. Commissioners say it’s one thing to request public information, but it’s another to ask for one-on-one Q&A sessions or PowerPoint presentations.
Raymond L. Brooks (D) says any kind of improvement usually begins at the grassroots level. “That seems to be something our commissioners have forgotten, especially these last several months.” Though some 9-12 members “want to get on tangents,” that is the case with many groups across the country, Brooks said.
Kirk Kirkpatrick (D) said the 9-12 movement is helping people become more aware of government and express their own opinions. But like with any group of people, Kirkpatrick believes there are a few bad apples. “I think there are people with good intentions in the 9-12 group, and those that I question whether their intentions are truly to find out the truth...Clearly, there’s some attempt to create publicity.”
John McCracken (D) said having more people interested in government is always a positive. He’s attended three 9-12 functions and recognizes that many of the members have legitimate concerns. McCracken said as assistant superintendent, he welcomed the opportunity to address questions and took time to personally explain financial concerns.
Rhonda Schandevel (D) said it’s great any time people get involved in government, and she respects everyone’s opinion. But Schandevel doesn’t appreciate the anger members display. “It’s one thing for there to be passion and to do something with that passion, but when there’s anger, that is such an unproductive emotion.”
Michael Sorrells (D) agrees with a lot of the 9-12 group’s goals, like efficient and smaller government and lower taxes. Sorrells admits that government has “gone away from the people,” but that they still have to govern. “You elect them to make decisions. If you don’t like their decisions, then you vote them out.”
Bill Upton (D) says the 9-12 movement is positive for Haywood County. Upton admits that the group takes time away from taxpayer-supported county staff, but he supports citizen involvement and receiving broader opinions.
David Bradley (R) says people across the country feel ignored by their government. “They feel that nobody’s listening and nobody cares.” Bradley said the 9-12 group has every right to voice concerns and organize. To avoid taking up too much county staff time and to allow more participation from home, Bradley advocates posting all public information on the Haywood County Web site.
Tom Freeman (R) said commissioners should listen to the group and any other citizens who want to talk. “Listen to what they’ve got to say, not let it go in one ear and out the other. Let it rest in between.”
Jeanne Sturges Holbrook (R) plans to speak to the 9-12 group and says it’s positive to see citizens tune in to their local, state and federal government.
Denny King (R) has spoken to the 9-12 organization and said the group is doing a good job. King supports their goals of keeping taxes low and ensuring the government remains constitutional.
Michael “Hub” Scott (R) said he doesn’t know much about the 9-12 group, though members have contacted him to ask if he is a conservative, to which he replied yes.
The latest prayer debate
A lawsuit in Forsyth County sparked debate over whether it is constitutional to say overtly Christian prayers at county government meetings, causing commissioners to tread cautiously in making specific references to Jesus.
Some were outraged by the move, claiming commissioners should be allowed to pray however they please. But others argued that commissioners represent the government, which is forbidden from sponsoring any particular religion.
A few said fighting a lawsuit with taxpayer money would be worth the ability to pray in Jesus’ name at meetings. They demanded a vote by the people on the issue.
Raymond L. Brooks (D) said commissioners should be allowed to pray to whoever they’d like, whether it’s Jesus or Allah. “The First Amendment was given to protect the people. It wasn’t given to protect the government.” Brooks says he’ll stick by his convictions and pray in Jesus’ name if elected.
Kirk Kirkpatrick (D) said the issue isn’t one that gets to be decided by a vote by the people. “I believe the Constitution has already decided...A vote is not above the law that has been established.”
John McCracken (D) said he supports a moment of silence to allow those who want to pray do so to their particular God. McCracken would like to open the meeting with prayer, but he said there are firm opinions on both sides. “You can get involved in some very expensive litigation.”
Rhonda Schandevel (D) said no one could take prayer away from her, but she would respect other people’s religious beliefs. “As much as I believe in my lord Jesus Christ ... we should not force it down anybody’s throats.”
Michael Sorrells (D) said he supports holding a prayer at the outset of meetings, but that the issue of a separation of church and state is involved. Sorrells supports saying the Lord’s Prayer, which doesn’t expressly say Jesus but is clearly praying to the Christian God.
Bill Upton (D) has not changed his prayer since he took office four years ago. “I’ve never had Jesus in my prayer, but just used Heavenly Father. It wasn’t something I thought about.”
David Bradley (R) says he understands both sides. He would like to hold a prayer with fellow commissioners ten minutes before going into a public meeting. Bradley pointed out that the country’s founding fathers were very religious and their values are still relevant today.
Tom Freeman (R) said it’s sad that Jesus has to be taken out of everything. “If I need to pray at the commissioners meeting, I’ll pray. I will not leave his name out. He’s number one in my life.”
Jeanne Sturges Holbrook (R) said religion is a private matter and would not comment on whether she would or would not pray to open meetings as commissioner.
Denny King (R) said the Bible plainly teaches that Christians have to pray in the name of Jesus. “I will make it known to the other commissioners that if I pray, I will pray in Jesus’ name.” King said it’s not an issue that needs to be voted on.
Michael “Hub” Scott (R) said he would pray in Jesus’ name as commissioner. Scott said it was “pathetic” that the judicial branch, rather than the legislature, is running the government. “I don’t need a college degree or be from out of town to know why this country is going straight to Hades. We have no morals anymore.”
The case for ball and bat
Like many of the stakeholders in the argument, county commission chairman Kirk Kirkpatrick wishes the county could build enough fields for both sports. He played baseball in college, and his daughter is currently a soccer player.
But if he has to pick, Kirkpatrick believes the baseball and softball community is next in line for an upgrade, citing the county’s recreation master plan showing a greater deficit of softball fields than soccer fields.
The county’s Allens Creek park — constructed nine years ago — elicited a similar debate between soccer and softball. Ultimately, it was designed as purely a soccer park since the need for soccer fields was greater at the time. It has three playing areas, although none are regulation size required for hosting tournaments.
Baseball/softball advocates argue it is their turn now. The county doesn’t operate any baseball or softball fields. Instead teams rely on private fields, town fields and school fields available for teams.
“The main thing that I see is the lack of county-owned baseball fields, but that’s why I also support a multi-use field out there,” said Kirkpatrick, who is also a member of the recreation board. “It’s just hard to get a full-sized soccer field or a full-sized baseball field in the mountains.”
Kenny Mull, assistant commissioner of Mountaineer Little League, is in the same boat as Kirkpatrick, having also been parent of soccer players. But he says the opportunity of having a county-owned baseball/softball facility has been a long time coming.
“I don’t have anything against soccer, but I’ve been with the Little League for 35 years,” Mull said. “It is our time, I think.”
For nearly the entire existence of Mountaineer Little League’s boy’s baseball and girls’ softball programs, games and tournaments have been hosted on fields owned by private civic organizations like the Elks and the American Legion.
The result has been that Mull and other Little League administrators have had to undertake field maintenance on their own, adding a huge amount of cost and labor to the league’s operations.
“It’s really something we need badly and we’ve never had the opportunity to get,” Mull said. “We’ve never even had the chance to push for it until now.”
What Mull is pushing for is a county-owned and maintained tournament caliber baseball/softball complex for the more than 500 boys and girls ages 8 to 16 in the Mountaineer Little League system.
The plan they favor calls for a “wagon wheel” four-plex field setup that would accommodate the new Little League field specifications. As the game has developed, the regulation distance for fences has been moved from the old distance of 200 feet to 225 feet.
Mull said a “wagon wheel” field setup at Jonathan Creek could allow the Little League to hold regional tournaments with four games going simultaneously. The facility could also be a home for adult softball tournaments, though softball fields require 300-foot fences.
“If you had a field like that, you could host Little League tournaments and traveling tournaments any weekend you wanted to,” Mull said.
Mull explained that the Mountaineer Little League currently hosts tournaments among a variety of locations, making it hard for out-of-town visitors to enjoy the experience because they are rushing from one site to another.
He sees the potential for a centralized tournament complex as a revenue boost for the county.
“It’s a great moneymaker for the county, because it brings people into the hotels and restaurants and everything,” Mull said. “It’d be a really good thing. I hope it works out.”
Lee Starnes, past president of Mountaineer Little League, has attended the planning meetings and looked at the proposals. For Starnes, the proposed baseball/softball complex would provide much-needed practice space and solve a longstanding problem.
“Because of our location in the mountains, we simply don’t have the available space and what is available is expensive,” Starnes said.
Like Kirkpatrick, Starnes said he wished the county could build both tournament soccer and softball facilities, but he knows the county budget won’t allow it.
“I’m in for all of it,” Starnes said. “It’s for the kids, and whatever we can do for the kids is great.”
The case for soccer
Soccer coach Nathan Trout recalled, with a tinge of jealousy, the four “unbelievable” sports parks in his Florida hometown, including six soccer fields.
“It’s almost embarrassing for the community to not have nice facilities for their kids,” said Trout. “I’m just surprised that there’s not a piece of land where they can build it all.”
Trout said he doesn’t understand why the county can’t accommodate athletes from multiple sports in one convenient location.
Trout, who coaches a traveling girls’ team for Carolina Mountain Soccer Club, says he’s had trouble convincing other teams to come to Haywood County.
“Here, we’re so limited,” said Trout. “Obviously, baseball is facing the same problem.”
Currently, the county has no regulation-size soccer fields, and the facilities that are around are either not well-maintained or not publicly available after hours. None of them are striped for soccer, according to soccer coach Geoff Chitea.
Not infrequently, slack mowing schedules allow grass to grow too high for play, while fields remain wet long after rainfall.
Some field owners bar access after hours due to potential liability issues, and others drag the goals off the field to specifically discourage soccer games after hours.
“They don’t want the grass messed up,” said Chitea, who likened playing soccer without goals to playing basketball without a backboard.
Both Trout and Chitea argue that developing soccer fields at the Jonathan Creek Park would benefit more people than the community realizes.
Trout estimates that 600 kids play soccer in Haywood County alone, while Chitea emphasized that adults like to play casual games all throughout the year. On most evenings and weekends, about 15 to 20 people regularly show up to play pick-up games of soccer.
“We’ve had nights during the summer where our numbers swell up to 30 people,” said Chitea.
While football and baseball enthusiasts pack up whenever their season ends, Chitea says there’s really no such thing as a soccer season.
“You see soccer players out on those fields all year long whenever the weather’s nice,” said Chitea.
Trout and Chitea said they are disappointed with the three options presented by the recreation board at the last meeting.
“Obviously, soccer really took a backstage to baseball/softball,” said Chitea. “They all look like we built a baseball facility, not a community park.”
Chitea says the multipurpose field seems more like an afterthought, with restrooms situated much closer to the baseball fields in all three options. Kids who play anything other than baseball or softball will face a much longer trek to the bathrooms.
Chitea says he does appreciate the walking trails at the park, and hopes that the multipurpose field will at least be Astroturf to allow for soccer play year-round.
Meanwhile, Trout would like to see the Haywood County community readjust its focus. Citizens placed too much stress on the park’s ability to drive revenue at the first public meeting, Trout said.
Rather than chasing athletes from other towns, the county’s primary concern should be taking care of the youth at home.
“I think there’s too much focus on worrying about tournaments and driving revenue, rather than taking care of the kids and the community that presently play here,” said Trout.
Design under way for old Wal-Mart renovations
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.
Residents challenge price tag of new DSS building in Haywood
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?”
A tale of two sports at new Jonathan Creek Park
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.
Haywood sheriff faces lone but experienced challenger in primary
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