The town of Franklin acted appropriately by making public the terms of an out-of-court settlement offer extended to the town by Duke Energy.

The offer was aimed at getting the town of Franklin and Jackson County to drop their opposition to Dillsboro dam removal. Duke Energy hoped the offer would stave off a move by Jackson to use eminent domain to seize the dam and adjacent shoreline for the creation of a park.

Duke Energy insisted its offer should remain confidential, but the town of Franklin disseminated a copy of the offer to the media last week.

“They did it right,” said Mike Tadych, an attorney with the North Carolina Press Association who is an expert in public record and open meeting laws. “It would be illegal to enter into a confidential settlement agreement.”

Franklin leaders voted unanimously to reject Duke’s offer. Jackson County leaders likewise rejected it by a vote of 4 to 1.

Duke Energy said its offer was borne out of court-ordered mediation talks, which are supposed to be confidential.

It’s different when elected bodies are involved, however, Tadych said. Sunshine laws mandate openness by elected government bodies and trump any claim of confidentiality.

Attorney-client privilege entitled the town of Franklin and Jackson County to discuss Duke’s offer behind closed doors — which they both did. But once they formally voted on the offer, attorney-client privilege evaporated.

“As soon as it became water under the bridge, it became a public record,” Tadych said.

Elected leaders cannot keep what they are voting on secret. It would be akin to Congress voting on a bill, but not telling the public what was in it.

“You cannot vote by reference,” Tadych said.

When Phil Drake puts his mind to something, there’s little he can’t achieve. Drake’s company, Drake Enterprises, is one of the largest private employers west of Asheville, and, it seems, owns half the businesses in the region, including The Athlete’s Foot, Dalton’s Christian Bookstore, Dnet Internet Services, Drake Software, the Franklin Golf Course and the Fun Factory.

So while the idea of constructing a 1,500-seat performing arts theater in a rural region like Western North Carolina might seem over the top, leave it to Drake to pull it off. And that’s just what Drake and his wife, Sharon, have done with the Smoky Mountain Center for Performing Arts in Franklin. The soaring, state-of-the-art structure is nearing completion, and will welcome its first performance July 3.

“This is a lifelong desire to do this for his community,” Chris Malone, the lead project architect, told a group of reporters gathered at the facility for a special Media Day last week. “This is an affair of the heart.”

Even Malone seemed in awe of the structure.

“It’s beyond what I thought it was going to be,” he said.

Indeed, the performing arts center is impressive. The auditorium features an incredible 60-foot wide, two-story stage complete with an orchestra pit. The soaring room is equipped with state of the art sound, a phrase the Drakes don’t take lightly — the speakers, Meyer M’Elodie Line Arrays, cost thousands of dollars each and are among the best on the market.

“Since we’re doing a lot of music groups, sound is most important,” said Effie Rosbert, a set builder who led a tour of the facility last week. “This is clear, perfect sound.”

Behind the scenes is a huge backstage area with every comfort a band or touring group would want. One room features a dozen individual lighted vanities for performers to make up their faces. Another room is set aside to allow a band to practice before the show. Several other rooms are simply places to hang out, and one section, open to fans, is where performers will sit to sign autographs.

Nearly 30 acts are lined up through December, starting on July 3 with the Oak Ridge Boys. Other musicians to grace the stage this season are The Charlie Daniels Band, Sawyer Brown, The Isaacs, and Doyle Lawson and Quicksilver. Plays this season will include Aida, The Jungle Book, Annie and the Velveteen Rabbit.

The Drakes seem aware that the venue is quite large for a town the size of Franklin and that filling the space consistently could be a challenge.

“This is Franklin,” said Rosbert. “We don’t know how the market’s going to bear. Some people can’t afford to come to show after show after show.”

The theater’s odds of success, however, may be pretty good with Drake’s magic touch, Malone said.

“A lot of venues like this struggle, but they approach it in a different way than Drake.”

A potential clash between downtown Franklin merchants and street vendors was headed off the pass this week.

For years, street vendors have been peddling food and sodas to the large crowds converging downtown every Saturday for the popular Pickin’ on the Square music series. But store owners recently complained that the street vendors were discouraging foot traffic from migrating beyond the square to patronize the rest of Main Street.

For years, most merchants weren’t interested in staying open late on Saturdays. Street vendors selling hot dogs, ice cream, cotton candy and Philly cheese steaks cropped up to fill the void. That was years ago, however, and now merchants want in on the action.

Merchants appeared before the Franklin town board last week to voice their concerns.

The merchants’ primary concern was not so much with the vendors, but how they stationed themselves. Large trailers and trucks set up on the perimeter of the square effectively cordoned off the crowds from the rest of Main Street

One long-time vendor in particular with a large operation blocked the view of Main Street storefronts from the crowd. Mayor Joe Collins and Alderman Bob Scott floated the idea of relocating that particular vendor to a new spot, and it quickly gained traction.

“When we boiled down the issue, it was a line of sight issue,” Scott said of his discussions with all parties involved.

The town agreed to mediate a meeting between merchants and street vendors at the site of Pickin’ on the Square on Monday evening. When Scott and Collins announced the idea that had been percolating in recent days, it was well received.

“The thought process was when you look that way, you don’t see past the stand,” Mayor Joe Collins said, pointing toward Main Street from the square. “We are moving (the vendors) around so there’s not that barrier.”

The town board will still have to officially vote on the solution next week, but it will likely be approved.

“I think it’s a good compromise,” said June Hernandez, owner of Primrose Lane and president of the Streets of Franklin. “This is all we the merchants were asking for. We aren’t trying to get rid of the vendors.”

Scott was proud the community could work together for a solution.

“This was participatory government in action,” Scott said.

Scott said Pickin’ on the Square has become an institution in Franklin.

“I can’t imagine Franklin without it anymore. It’s what I describe as down-home America 50 years ago,” Scott said. People chat, socialize, dance and listen to music as a community.

“There are no strangers at Pickin’,” Scott said.

While Pickin’ on the Square attracts more than 1,000 people some Saturday nights, Betty Merrill, who helped start the series in 1992, remembers its early days. They set up a small 10-foot-by-10-foot tent in front of the courthouse and hung a light from cord strung out of a third-floor window on the courthouse.

When it rained, they forged on, convinced if they appeared consistently every Saturday the event would catch on. It did. They grew the crowd to 50 by the end of the first year, and by the end of the second year it was up to 200 to 300.

“We had so many that came there was a joke that went around town. People would say, ‘I heard they are moving the courthouse to make room for Pickin’,’” Merrill recalled.

Downtown revitalization and drawing in foot traffic for merchants was one of the original intentions of Pickin’ on the Square, said Merrill.

“The punch line is the merchants didn’t stay open,” she said. “For years we urged the merchants to join in and they didn’t. A few did, but the majority wouldn’t stay open. Now some are considering staying open but they want the vendors to step aside.”

Walter Coggins, who runs a concession stand as a fundraiser for the local Shriners Club, questioned whether people will actually wander off down Main Street to shop. Most are there to see their friends and hear the music, he said.

“I think if something is right handy that’s as far as they’d go,” Coggins said. “They can still hear everything and not have to go too far.”

Coggins recalls in the early years when Peoples stayed open an hour later, but the only time they got people in the store was when it rained and everyone ran for cover.

Hernandez is one of the few storeowners downtown who stays open late. Hernandez said she doesn’t judge the benefit solely by the sales she makes that night, as many people will come back the following week after browsing on Saturday night.

“It is always worth staying open Saturday night,” Hernandez said.

An angry crowd stormed downtown Franklin on tax day last week, protesting the federal government’s bailouts, high taxes and pork barrel spending.

The Tea Party protest was one of hundreds that took place across the nation April 15, the first tax day since President Barack Obama has been in office. The demonstrations have been touted as non-partisan, but the Franklin protest had a Republican bent with speakers and sign- wavers denouncing Obama and government-funded bailouts.

Signs waved by the shouting throng stated, “Freedom Works, Bailouts Hurt,” “Give Me Liberty or Give Me Debt,” TEA — Taxes Enslaving Americans,” and one that was a direct attack on Obama’s presidential campaign said, “So How’s That Hope and Change Working Out For You.”

Another sign stated, “We Are Proud of America Mr. Obama, Why Aren’t You?” while another said, “Bailouts + Debt = Fiscal Child Abuse.”

The event featured patriotic singing, with members of the audience singing along and one audience member was waving a Bible in the air.

Approximately 400 attended the rally put on by Freedom Works, a local political organization. The organization’s leader, Don Swanson, urged the crowd to push for change by writing letters to the editor.

“Do not leave this place and do nothing,” Swanson pleaded. “We’ve done that long enough.”

Staunch conservative and Asheville City Councilman Carl Mumpower — who was the Republican nominee for Congress against Democrat Heath Shuler, D-Waynesville, in the 11th District race — quipped that he doesn’t need a teleprompter to speak like Obama.

However, Mumpower said the protest was not about political parties, but instead about freedom.

“Enough of Washington policies that make people smaller and government bigger,” Mumpower told the cheering crowd.

Mumpower denounced welfare programs that “rest on the backs of our children through borrowed dollars.”

There also should be no tolerance for people who are indifferent to the U.S. Constitution, said Mumpower.

“We’re here to fight for the lives and future of our children,” Mumpower said.

Duty is the essence of being a human being and the baby boomer generation is the first to leave its children with a smaller vision of the American Dream, he said.

He urged the crowd to believe in the Constitution, not live off the labor of others and to believe in the American Dream. Mumpower quoted Gandhi, saying when someone tries to affect change, the first thing people in power do is ignore, then they laugh, then they fight and finally they surrender.

It is not too late to bring the change to America that is needed Mumpower said. In fact, the fight has just begun, he said. The nation’s founding fathers should be the role models as they were thoughtful, courageous and persistent, he said.

He turned to the American flag on the stage and pointed to the bronze eagle.

“We have to fight for that eagle,” Mumpower said.

As the most conservative member of the Asheville City Council, Mumpower voted against hiring new police officers for the city because they wouldn’t be allowed to enforce immigration laws.

Franklin businessman Phil Drake, who owns Drake Software and is the second largest employer in the county with 500 employees, spoke against the government bailing out corporations and banks.

“There is a place for government,” Drake said. “The primary role of the government should be defense.”

Drake then applauded the Navy seals for their recent rescue in the pirate standoff.

The real tax rate imposed by the government is not what is taken but what is spent because eventually that money will have to be paid back, Drake said. The money will be paid back by either raising taxes or printing more money, which will make “your money less valuable,” Drake said.

The tax code has 74,000 pages and no one understands it, Drake said, adding that the federal deficit is $11 trillion.

The problem in this country is that the government is demanding things today that it is not willing to pay for. Also, the 30 million babies killed by abortion could be alive today and contributing to Social Security, he said.

The government’s No. 1 expense is the “redistribution of wealth,” he said, adding there is only one way out of the current situation: “Stop spending.”

Macon County commissioners voiced concern this week over a proposed sewer treatment plant that would discharge into the Little Tennessee River just across the state line in Georgia.

The river, considered an environmental treasure and a future source of drinking water, flows north through Franklin and on to Lake Fontana

“As the county adjacent to and directly downstream from the proposed Rabun County facility we have significant concerns about the impact of this project on the water quality in the Little Tennessee watershed on both sides of the state border,” Macon wrote in a letter to the Georgia Environmental Protection Division states.

Rabun County, Ga., needs a discharge permit to convert the closed-down Fruit of the Loom plant into a sewer treatment plant. While a written public comment period was held on the permit, Macon commissioners called for a formal public hearing in their letter.

The letter also states that the river is listed as polluted in Georgia and North Carolina and potential further degradation must be approached carefully.

The town of Franklin also has plans in the works to use the river as an alternative source of drinking water, the letter states.

“There are many questions we would like the opportunity to discuss,” the letter states.

The application process for a permit provides holding a public hearing if there is sufficient public interest. Commissioner Bobby Kuppers, who brought the issue forward, said he believes there is enough public interest to warrant a public hearing.

The Little Tennessee Watershed Association has been leading a public campaign over the past month encouraging the public to send comments on the permit. The environmental group previously spoke at a commissioners meeting about the issue.

A member of the Unitarian Universalist Fellowship in Franklin is prohibited from bringing his hunting knife to church after another member saw him with the blade at a Sunday service and got worried.

The knife carrier, Charles Rowe, said there is no reason to be alarmed by his utensil. He simply wants to wear his knife to church because, “It’s part of me and part of who I am.”

But even in Appalachia, where mountain men once thrived, Dr. Bill David, the complainant, said knives still shouldn’t be allowed in church.

“I’m opposed to bringing weapons to church,” David told The Smoky Mountain News from his home in Athens, Ga. “I didn’t confront him personally. He was sitting in front of me. I kept my mouth shut. I didn’t want him stabbing at me with that knife. He may get mad at someone. It should never be permitted.”

Knives aren’t allowed in the post office either, David noted.

The debate has resulted in the church adopting a no weapons policy and sparked a vigorous discussion over an individual’s rights.

David said he has no reason to believe that Rowe would do anything violent with the knife.

“I don’t know him personally,” said David, 84.

Rowe said he doesn’t even know who made the complaint.

Church President Virginia Wilson said she believes the knife scared David because his great grandchildren were threatened with a knife at a school in Athens.

David said he would have opposed the knife at church anyway.

Rowe said he thinks David overreacted to his knife. The knife is a tool, not a weapon, said Rowe.

“I think our society has become too paranoid,” Rowe told The Smoky Mountain News in an interview at his house on Saturday (Feb. 28). “I wear it everywhere.”

‘The knife is part of me’

Wearing a knife symbolizes a “lifestyle I try to aspire to — living off the land like our forefathers did,” said Rowe. “It’s the way I grew up.”

Carrying a knife also goes back to his Celtic heritage, he said.

David balked at Rowe’s saying the knife is part of his heritage: “I don’t care what he says he is.”

Rowe added that he values self-sufficiency and that he was part of the “back to the land movement” in the 1960s.

His knife is not a bowie knife or sword, but just a simple hunting knife. He doesn’t conceal it but carries it on his hip. There is no state law that says he can’t carry his knife, he said.

Rowe said he joined the Universalist church because of its “openness and willingness to celebrate diversity.” Not allowing him to carry his knife contradicts what the church stands for, he said.

The Unitarian Church welcomes people of all faiths — Christians, Buddhists, Hindus, Muslims, agnostics, atheists and Jews.

Rowe is a pagan and has been attending the Franklin Unitarian church for about four years. Prior to that he attended the Unitarian church in Richmond, Va., since the early 1990s, he said.

He said he wore the knife to the Unitarian church in Franklin since he started attending. The religion’s principles include the inherent worth and dignity of every person and a free search for truth.

A letter to the congregation

Rowe said his main problem with the ordeal has been the way the church handled it. He said he wanted to express his views to the entire congregation, but he felt church officials censored him.

“I wasn’t given a chance to discuss it rationally,” he said.

Rowe also said he wasn’t give a chance to meet with the person who complained. Rowe sent an e-mail to a church official explaining his side and asked that it be forwarded to the entire congregation, but it wasn’t.

“This is just one example of why we need open conversation within this congregation,” said Rowe.

Eventually he did get some of the church members’ e-mail addresses through an e-mail sent to him. He composed a long letter stating his position and sent it out.

In the letter he wrote, “Our society was founded and nurtured on the ideals of rugged individualism and independence.”

It is wrong for the church to prohibit him from wearing his knife just because one person was scared by it, said Rowe.

“We all too often succumb to the tyranny of the least stable among us, giving up our precious freedoms to appease those who suffer from irrational fears and paranoia so as not to offend anyone,” he wrote.

“Unitarians try to be very politically correct and don’t want to offend anyone,” Rowe said.

He said it is wrong for the church to prejudge people who carry knives: “It is this sort of prejudice that I thought our church was supposed to be working against,” he wrote.

Rowe posted his letter on the bulletin board, but Wilson didn’t allow it to stay up. She wanted to handle the issue at the board level rather than it getting out to the congregation and “alarming” members.

Church board member Joan Hawthorne said Rowe could have asked to be put on the board’s agenda or spoken during a Sunday service.

No weapons policy adopted

A double homicide at a Universalist church in Knoxville in July was brought up when Rowe was told he couldn’t bring his knife to church anymore. But Rowe didn’t think that was fair.

“It doesn’t relate because the person (killer) wasn’t a member, and I didn’t have a gun,” said Rowe.

The shooting in Knoxville, which also injured six, is “an example” of why David says he’s opposed to Rowe bringing a knife to church. David said he is very much in favor of the weapons policy.

“That isn’t a place to hunt,” said David. “I’ve been a minister for 57 years and never been in a church with weapons in it before.”

Church board member Hawthorne said ever since the shooting that the church considered adopting a weapons policy, but Rowe’s knife was the “catalyst” to get the rule drafted. She noted that other places, such as airplanes, prohibit carrying knives.

Rowe is adamant about his right to wear his knife to church and will continue to argue the point “infinitum,” said Hawthorne.

The weapons policy now hangs in the entryway to the church and in the fellowship hall and states no weapons may be brought to the church. Wilson said Rowe is welcome back at church “without his knife.”

Hawthorne said she was also bothered by the knife.

“When he comes in with a knife it doesn’t feel like a safe place,” she said.

Rowe shouldn’t take it personally that he can’t wear his knife to church, said member Linda Winn.

“I don’t think you need a knife at church,” Winn said. “We’re a peaceful group of people.”

Even if it means he can’t wear his knife, he will probably go back to the church, Rowe said. He could simply wear an empty knife sheath at church, he said.

But he said he hates to give in. “All that is necessary for evil to triumph is for good men to do nothing,” he wrote in his letter.

No reason to fear him

Rowe’s wife, Debbie, said there is no reason church members should fear her husband, who she met online.

“I mean, half the kids who attend the church call him grandpa,” she stated as their granddaughter, Heaven, ran around the house.

It is “unfair and unjust” that he cannot wear his knife to church, Debbie said.

The first time she met him in person he was wearing it while visiting her at the Intensive Care Unit at Harris Regional Hospital in Sylva, she said. She was in the hospital for an appendectomy.

“I see it as an extension of him,” Debbie said. “I’m just as likely to reach for the knife as a tool as he is.”

When he went to the hospital wearing the knife, he walked past security guards and nurses and “no one flinched,” Debbie said.

Rowe added that when he attended a Macon County commissioners meeting wearing the knife all that Sheriff Robbie Holland said was “nice knife.”

Rowe is unemployed living on disability, he said. He said his disability is “fatigue.”

He said he has a bachelor’s degree in philosophy, religion and social services from Virginia Commonwealth University.

Two Franklin aldermen said they didn’t whip up controversy regarding slate to get back at Mayor Joe Collins but because they sincerely thought it was a situation that needed to be looked into.

Aldermen Bob Scott and Verlin Curtis said there are no hard feelings between them and the mayor and that they think Collins has provided effective leadership, despite the controversy.

Curtis and Scott haven’t had the most cordial relationship with Collins over the years. The question is whether their personal conflicts motivated Scott and Curtis to create controversy surrounding the mayor and the slate or if they were genuinely concerned over the slate issue.

Scott and Curtis claim they were honestly concerned over the slate. The mayor refused to comment on the record about his feelings regarding the aldermen’s motivations.

A history of tension

Scott said he was a “little upset” and “disappointed” when the mayor came to his house about a year and a half ago to tell Scott he would not be vice mayor. Scott remembers it clearly, saying it was a Sunday afternoon and the mayor’s exact words were “ain’t gonna happen.”

Scott said the vice mayor position generally rotates among board members every two years, but Collins said it wasn’t going to happen for Scott.

The mayor doesn’t have a vote when it comes to who is vice mayor. The aldermen select one of their fellow aldermen for the post.

“I mentioned I would like to serve as vice mayor,” said Scott. “Apparently the board didn’t want me as vice mayor.”

Collins would not comment on the record regarding the incident at Scott’s house.

“What I did or didn’t say would be a private conversation with Mr. Scott,” said Collins. “I don’t feel an obligation or need to talk about that. I’m not going to get into what I did or didn’t say on that occasion.”

Scott said the incident has nothing to do with him looking into the controversy surrounding the mayor and the slate.

“Absolutely not,” said Scott, adding his intentions were to protect town property.

“The statutes are clear, you can’t give away town property without a formal process,” Scott said.

Scott also seems to take umbrage with the mayor’s communication skills.

“I have not heard from the mayor in 14 months,” said Scott.

Ever since that day the mayor came to this house, the only time the mayor speaks to Scott is at a board meeting or some other official gathering, Scott said. The mayor doesn’t call him at home or come see him anymore, said Scott.

“I don’t think there is any relationship (between us),” said Scott.

Scott said he thinks the mayor has a responsibility to be a better communicator and not just talk to him in official settings.

“I would think the mayor has an obligation to keep the board informed, not just at meetings,” said Scott.

Mayor and Curtis Dispute

Curtis and Collins have disagreed the past few years over where to locate Town Hall.

Curtis wanted to build a new Town Hall on the 12.7-acre Whitmire property just outside downtown at 15 First St. The town purchased the tract for $1.6 million.

But town board members changed their minds and instead decided to renovate an existing downtown building for Town Hall. Mayor Collins thinks this is the best idea because it keeps civic functions downtown.

Curtis disagrees and thinks it is best to put Town Hall on the 12.7-acre site.

But Curtis said he did not make a big deal out of the slate controversy to fire back at Collins over the Town Hall issue. Curtis, like Scott, said he was just looking out for the town property.

Curtis ran for mayor against Collins in 2005 on the platform of relocating Town Hall.

The ‘Slategate’ controversy

The slate controversy centers on the 12.7 acre-site that was to be the location for Town Hall.

After the town bought the property, the former owner’s son, David Whitmire, approached Collins and asked if he could take some slate from the property as a memento from childhood, because he grew up at the home.

Collins, after going through Town Administrator Mike Decker, authorized Whitmire to take the slate.

Exactly how much slate Whitmire took, and whether Collins should have unilaterally given him the OK, has led to a bitter debate. Scott and Curtis claim the mayor overstepped his bounds by parting with town property.

In an attempt to set the record straight, Whitmire, now of Alaska, told his side of the story in a full-page ad in The Smoky Mountain News last week. Whitmire said the mayor never specified the amount of slate he could have.

“We didn’t talk about specific amounts of anything,” Whitmire wrote in his ad.

In a Smoky Mountain News interview, Collins disagreed: “We absolutely did discuss it would be a few pieces. His memory is different.”

Scott and Curtis got up in arms over what they considered a large amount of slate that was taken from the property — about 625 square feet, according to Curtis, and 500 square feet, according to Whitmire.

Value of property disputed

Curtis and Scott said Whitmire had no right to take that slate just as no one has a right to take a plaque off the wall in Town Hall. The slate belonged to the city and had a value of $19,600 if you include the cost of labor to reinstall it, the town said.

But Whitmire said 500 feet of slate only has a value of $500.

Lowe’s in Sylva has slate slabs for $1.88 a square foot or $940 for 500 square feet.

Whitmire said in his ad that it was wrong for the town to demand $19,000. He not only had permission to take the slate, but the tax value for all structures on the property was appraised at $17,800.

“So I’ve got $500 worth of salvaged stone and they want $19,000,” Whitmire stated in his ad. “That’s right; the board demanded I pay more for the mixed slate pieces than the value of the entire house, one the city had completely ignored.”

Curtis said the town’s $19,600 figure was not the value of the materials alone but was mainly the labor costs for reinstalling it.

Macon County Tax Administrator Richard Lightner confirmed that the entire property — the buildings and the land — is valued at $1.9 million, with the buildings only being worth $17,860.

The home has been destroyed by vandals who have busted windows and painted graffiti on the walls.

Case put to bed finally

The town threatened to sue for the $19,600, but the matter was eventually settled with Whitmire paying $5,000 for slate he said was worth less than $500.

Curtis and Scott said they have no evidence to suggest that the mayor actually gave Whitmire permission to take as much slate as he wanted.

“I have to take him for what he (mayor) said he did,” said Curtis.

At one time Scott called on an investigation to determine who said what, but it didn’t go forward.

On a tour of the property, which still has the old Whitmire home on it, Curtis pointed out that slate had been stripped from everything, including the fireplace, and that solid oak doors and a cherry desk were also taken. Curtis said the case should have been prosecuted by the DA as a felony.

In his ad Whitmire said his family members were generous supporters of Franklin and it isn’t right that the town is treating him like this.

Curtis agreed that “the Whitmires were very kind to me” when he did work for them such as appliance repair.

What a great way to earn public trust: a public body decides that minutes from closed sessions no longer need to be secret, and therefore it periodically votes to make them public.

That’s what the Franklin Town Alderman Bob Scott asked the Franklin board to do. Scott was concerned about the information in one particular set of minutes, but he also understood what he was doing. If the town adopted a formal policy, the public would be a lot better informed as to what went on behind closed doors when aldermen lawfully shut out the public from their debate.

Here’s the deal about closed meetings and public bodies. The North Carolina Open Meetings Law gives public bodies seven lawful reasons to close their discussions. Those seven reasons are clearly defined, and minutes must be kept. How detailed those minutes are depends on each group of elected officials, but it must be discernible what was being discussed and who was saying what.

Once the reason for going into the closed meeting is past — say an industry has finished negotiations and announced plans to build — then the minutes become a part of the public record.

Most boards — including Franklin’s — adhere to the letter of the law. But what becomes of those closed session minutes? Reporters and the public seldom request them. In truth, most of what took place in those meetings is never revealed despite the fact that taxpayers and voters could gain valuable insight from them.

We think Franklin should have set itself up as the most open board around. It did not change its policy, but merely formalized what’s already taking place: once every few months, its attorney will review closed session minutes and determine if they can be released. That’s OK, but the public would be better served by the policy Scott proposed.

Franklin Alderman Bob Scott is to be commended for his commitment to open government. The public and elected officials need to understand that nothing has to be discussed in closed session, that the law gives public bodies a few exceptions where they are allowed — if they choose — to go behind closed doors. Some personnel matters probably should be discussed privately, but many times it seems public bodies close their meetings when the reasons for doing so seem suspect.

Franklin’s isn’t a bad policy, but we think a better one is to formally include closed session minutes in board packets whenever the reason for closing the meeting has passed. Rather than have an attorney make the decision, we think elected officials or the manager could more easily — and cheaply — make that call. The onus for conducting the public’s business in the open is on the elected officials, and they will suffer the fallout if they wrongfully shut the door on their constituents.

The Franklin aldermen on Monday night (Feb. 2) unanimously voted to formalize a process for releasing the minutes from previously closed-door meetings.

The town attorney, John Henning Jr., has always had the authority to make closed meeting minutes public once it is determined that releasing them wouldn’t do harm. In fact, state law requires the minutes from closed meetings to be released once the reason for being private has passed — such as discussion of lawsuit strategy once that lawsuit has been settled, or negotiations over property after the purchase goes through.

In reality, however, few public boards in this region do this as a matter of course.

Alderman Bob Scott, who brought up the matter, wanted the board to adopt a formal policy for releasing closed meeting minutes, but he compromised with a process that leaves it up to the discretion of the town attorney if the minutes should be made public.

Scott preferred a system, however, where closed meeting minutes would become open after board members agreed in consultation with the town attorney.

Mayor Joe Collins disagreed, saying that would put more responsibility on the board members to determine when minutes should be made public when the town has always counted on the attorney to address that.

Collins said he thinks the attorney being in control makes for a smoother process.

However, under the Monday vote any board member or member of the public may ask the town attorney to review a particular set of minutes to determine if they should be unsealed.

Henning said the new process is not much different than the way it has been done before.

Collins agreed: “I don’t see it breaking any new ground, just formalizing (the process).”

If anything, the vote on Monday was an expression of the board’s intent of how to deal with closed session minutes, Henning said.

Henning said he periodically went through closed session minutes about once every three to four months to determine if they should be opened.

The town owes it to the public to open up the minutes of closed sessions once it is no longer necessary to keep the minutes secret, Scott said.

State laws says that, “The public body may seal the minutes of a closed session if public inspection of those minutes would frustrate the purpose of the closed session,” Scott said.

Why now?

Scott called for a formal policy as an advocate of open records in general, but he also wants a particular set of closed meeting minutes made public.

He said the minutes of a legal dispute that was discussed in closed session remain sealed, despite the fact that the case was settled for $5,000.

Scott said no one has refused to release the minutes, but there was no formal policy for releasing them.

“We exist to conduct the public’s business,” Scott said. “I just felt like we should have a policy.”

The dispute involved the town and a former resident, David Whitmire, now of Alaska, who allegedly took slate and doors from town property.

In the case, Mayor Collins said he authorized Whitmire to take a small amount of slate from town property as a memento because Whitmire grew up at the site now owned by the town. Collins asked former Town Administrator Mike Decker if it would be OK for Whitmire to take a couple of pieces of slate, and Decker said it would be all right.

However, Whitmire took a lot more than a couple of pieces, carting off slate valued at $19,000.

Scott and Alderman Verlin Curtis said the mayor and Decker acted beyond their authority when allowing Whitmire to take property. Curtis and Scott said that the mayor and Decker should have asked the rest of the town board if it was OK for Whitmire to take something from the property. Collins said he didn’t think it was necessary to get permission from the board to allow Whitmire to take a few pieces of slate.

Scott had called for an independent investigation into what actually transpired when the mayor and Decker authorized Whitmire to take slate. But the investigation never went forward because the case was settled by Whitmire paying the town $5,000.

Scott said he wanted to know who said what in the transaction. Asked if he thinks the mayor actually gave Whitmire permission to take more than a few pieces of slate, Scott has said, “It would be nothing but pure conjecture.”

Franklin’s role on the Appalachian Trail

Franklin is an important town on the Appalachian Trail because it is one of the first or last towns depending on which direction you’re coming from. It is about 106 miles from the start.

Nantahala Hiking Club President Bill Van Horn said if hikers make it to Franklin, chances are they can hike the entire trail.

The trail is 2,175 miles long and runs from Georgia to Maine.

About the Nantahala Hiking Club

The NHC is one of 30 trail clubs that maintain the 2,175 miles of the Appalachian Trail The NHC maintains 60 miles of the AT and 47 of those miles are in Macon County. The NHC, based out of Franklin, has a membership of more than 240. From October 2007 to September 2008, the club’s membership contributed more than 5,300 volunteer hours to maintain the AT and promote hiking.

Every spring, hundreds of Appalachian Trail hikers pass by the doorstep of Franklin en route from Georgia to Maine, many hitting town to buy supplies, clean up, check into a hotel and generally take a break from the trail.

But the town could do more to capitalize on its proximity to the A.T. A push is underway to seek designation as an official Appalachian Trail Community Partner, clearly associating the town with the world-famous trail.

In essence, it would make Franklin a “gateway city” on the trail, showing that Franklin welcomes hikers.

The Nantahala Hiking Club, which is leading the charge in making Franklin an AT Community Partner, believes Franklin and Macon County are not taking advantage of the Trail’s economic potential.

According to the hiking club, over 1,800 hikers pass through Macon County between March and May each year, and the Nantahala National Forest has one million day visits a year.

If Franklin achieves the designation and lures more hikers to ventuer the 10 miles into town and use it as a stop over, the trail could prove an economic boon.

The path to being an AT Partner

For Franklin to qualify it must meet at least two of four criteria, although Nantahala Hiking Club President Bill Van Horn said the town will probably meet all four.

The Appalachian Trail Conservancy, which sponsors the program, is expected to decide in April whether Franklin receives the designation.

One requirement is establishing an advisory committee that focuses on the Appalachian Trail and the community. Groups such as the town, the county, the Chamber of Commerce and the schools may be interested in having a representative on the committee.

In order to receive the designation Franklin must also host an annual AT event.

Franklin already has an established event with the April Hikers Fools Bash put on by Ronnie Haven at the Sapphire Inn.

This will be the fifth year for the event that features music, food, and hiking vendors. The event allows hikers and community members to come together; last year about 1,500 attended.

During the hiking season, Haven runs a free bus service that picks up hikers at the trail and drives them into town to get supplies.

Franklin deserves to be designated an AT Community Partner given how much it offers hikers, said Haven.

He said the town has one of the nicer outfitters along the trail with Three Eagles Outfitters, grocery stores, drug stores, medical facilities, a movie theater, museum and post office.

Another requirement to becoming an Appalachian Trail Community Partner is using the trail for educational purposes.

Van Horn suggested fifth grade classes taking annual field trips to the trail could meet this requirement. He added that the trail offers a great opportunity to combine physical education and science.

And the final requirement deals with installing language in city and county ordinances that protects the trail from development.

The county could state in its ordinances that the Appalachian Trail Conservancy will be notified and included whenever there is a proposal to impact the trail, Van Horn said.

Examples of developments that may disturb the trail are erecting wind turbines and cell phone towers nearby, Van Horn said.

A symbiotic relationship

One benefit of designation is simply increasing awareness that the trail is near Franklin and easy to access. If Franklin receives the designation there may be signs displayed in town identifying Franklin as an AT Community Partner.

Franklin would be one of the first to receive the distinction. The towns of Hot Springs, N.C., Boiling Springs, P.A., Erwin, Tenn. and Unicoi County, Tenn. were designated Community Partners in a pilot program.

Another benefit is the additional publicity Franklin would receive nationwide from being a member of the program. The town would be highlighted on the AT Conservancy Web site — appalachiantrail.org — as well as in the organization’s press releases, trail guide and quarterly magazine “A.T. Journeys,” Van Horn said.

Franklin teachers could receive training and education on how to incorporate the Appalachian Trail into their lessons.

And another benefit is that Macon County teachers could take workshops from the AT Conservancy on “placed-based” education that deals with teaching students about the area they live. For instance, instead of learning about the Himalayas, students could learn about the “Nantahalas,” Van Horn said. The workshops are called “A Trail to Every Classroom.”

Teachers could also receive special training from the AT Conservancy in service learning to teach children about volunteering. For example, students could take a class on the Appalachian Trail and could adopt a mile of the trail to maintain.