Historic Downtown Franklin is gearing up for the 15th Annual Pumpkinfest to be held from 9 a.m. to 4 p.m. on Saturday, Oct. 22. During this event you can take part in some traditional and some very non-traditional fall festivities.

Bring your pumpkin (or purchase one downtown) and sign up early for the World Famous Pumpkin Roll sponsored by the Franklin Fun Factory. The “roll” takes place from 10:30 a.m. to 2:30 p.m. with signup running from 9 to 1. The winner receives $100 cash. Other highlights of the day include a pumpkin carving contest sponsored by DNET, a costume parade and contest along with crafters, food, and live entertainment for all ages.

Among this year’s acts scheduled to perform is Magic by Chaz. Magician Chaz Misenheimer, a North Carolina native, is a festival specialist with more than 20 years experience and though he often performs from the stage, he’s best known as an elite roving entertainer.

Roxy, the miniature horse, will be back offering rides to kids beginning at 10 a.m. Roxy, a pintaloosa, will be located in front of the Macon County Historical Society on Main Street. There is a rider weight limit of 80 pounds. A small fee will be charged.  

www.pumpinfestfranklin.com or 828.524.2516.

Efforts are well under way in both Sylva and Franklin to build dog parks, places where folks’ canine companions can run off-leash in safely fenced, assigned areas.

If the two communities do build dog parks, they’ll be joining their neighbors to the east: the town of Waynesville already has two fenced romping grounds for dogs along Richland Creek Greenway. The town of Highlands in Macon County also has a half-acre dog park, complete with a five-foot-tall fence. Highlands is roughly a 40-minute drive from Franklin, however, putting it out of reach for regular use by Franklin’s dog owners.

Friends of the Greenway in Franklin has been talking about building a dog park for about six months, according to Doris Munday, a member of the nonprofit support arm for the greenway along the Little Tennessee River. Her dog “uses the mountains” as its dog park, Munday said, but that hasn’t blinded her from seeing the needs of others.

Dog owners, if their pooches are leashed and they cleanup waste deposited by their animals, can use the nearly five-mile paved greenway path in Franklin. But the dogs are not allowed off-leash along the popular trail, where upwards of 20,000 people a month can be found during the summer months. Munday said there have been some problems with “neighborhood dogs” trotting about the greenway unleashed and uninvited and apparently illiterate, too; these rowdy dogs are brazen in ignoring rules about leashes and cleanup that are posted along Franklin’s greenway.

Plans this week call for the Friends group to check in with the Macon County Board of Commissioners to make sure the county doesn’t have any objections to a dog park.

In this case, asking permission seemed optimal to begging forgiveness: Munday said no one is exactly sure whether commissioners’ permission is needed for the project to move forward, but that the group decided it seemed proper to find out.

Assuming everyone is OK with the idea, private funds would be solicited to purchase fencing. The hope is to enclose the dog park this winter. Later, if people want to donate more money, the dog park could be enhanced with additional doggie attractions, Munday said.

Some dog parks have separate areas for small and large dogs. Other parks even offer such amenities as dog-agility courses. One standard feature, which would be included if a dog park is built in Franklin, are baggie dispensers so that dog owners can easily cleanup any canine deposits.

Other than the upfront cost of fencing, maintenance on dog parks is relatively minor. In Waynesville, the Haywood Animal Welfare Association buys non-toxic flea control and volunteers regularly sprinkle it on the grass.

In Jackson County, an ad hoc group of dog owners in Sylva requested via a letter sent to the county that they be allowed to use a portion of Mark Watson Park on West Main Street. The Sylva Dog Park Advocates noted in the letter, sent to county officials last month, that it believes a dog park would be “a low cost yet high benefit” addition to Jackson County.

The letter is signed by Stacy Knotts, who serves as a town council member but isn’t acting in that official capacity on this particular project.

She wrote that the group of dog owners believes 10-acre Mark Watson Park, a county-owned facility, would be the best place for a dog park because it is centrally located in Sylva on the county’s (unfinished) greenway; there is open space in the park; there are already pet-owner education classes and the “Bark in the Park” festival taking place in Mark Watson, and such a park would encourage Jackson County’s residents “from letting pets run free on the ball fields, particularly the newly designed fields in the park.”

County Manager Chuck Wooten said the request is being reviewed.

The disembodied voice crackled through the walkie-talkie: “I’ve got someone who wants to buy two lots, cash deal.”

“Sell ‘em,” L.C. Jones urged, seemingly to himself, but his response included Michelle Masta, a passenger in the backseat of his big, eggshell-colored Ford King Ranch 4X4. The radio was tuned to the NASCAR station; the volume turned off. No one in the truck was interested in listening to races on this day, not with land to sell and money to make. Masta, dressed in French jeans and heels, serves as Jones’ right-hand woman on the development, The Ridges. The development is better known as Wildflower, the Macon County subdivision’s original name. The Ridges is made up of about 500 acres of Wildflower’s original 2,200; just fewer than 100 lots were being offered through this one-day extravaganza last Saturday (Oct. 1).

Masta, who lives most of the time in Atlanta, dreams one day of permanently moving to this region with her daughter and, perhaps, gardening organically and caretaking hives of honeybees. Masta won’t buy land in this high-elevation development for that future homestead, however. She’s got a piece of nice bottomland in mind, down in one of the valleys far below.

Jones was casually attired in Levi jeans and tennis shoes. The Cullowhee native doesn’t happily sport a suit and tie, not even at an event such as this. Jones doesn’t look or talk much like a land developer. In fact, the paving company owner comes across as a man who would be perfectly comfortable operating a backhoe.

On this project, however, Jones isn’t the backhoe operator — he’s the boss, along with a couple of investors out of Atlanta. The Ridges marks Jones’ second housing development in a year in Macon County. Other developers in Western North Carolina and across the nation have seen business grind to a halt because of the crippled housing market. Jones, owner of Black Bear Paving in Franklin, has instead discovered seemingly endless financial opportunities.  

The walkie-talkie crackled. Sam Pinner of Southland Marketing & Development, based in Knoxville, Tenn., was on the other end. Jones hired the former University of Tennessee football player turned time-share seller turned real-estate developer turned real-estate marketer to oversee the sales event.

Pinner has 60 to 65 sales reps spread across the 500 or so acres of The Ridges.

Jones and his investors recently purchased the development for a cool $1 million, an amount they anticipate recouping easily. BB&T was eager to get the property off its books after foreclosing on the former developer of Wildflower after that company failed to make payments. BB&T was owed $1.9 million on the property when the bank foreclosed.

“Just say, ‘Yes, that’s a deal,’” Pinner instructed the sales rep via the walkie-talkie. Like Jones, Pinner needed to hear nothing more than the word “cash” to welcome the buyer to a seat at the table.

Jones’ plan is to generate “life” into the subdivision by selling lots that were previously priced at highs of $100,000 to $300,000 for $14,000 to $30,000. Higher-priced lots were available, too, but even they weren’t priced anywhere near those heyday numbers of the real-estate boom, when scenes like the one that took place in The Ridges last weekend were commonplace.

Jones slashed the prices in The Ridges with one purpose in mind: to sell as many lots as possible, as quickly as possible. He and his investors anticipate developing more lots in the subdivision. They’ll sell those at higher prices, but the asking price on these is what the depressed market will bear, Jones said.

Jones believes he can command higher prices later if he can convince people that The Ridges is a viable, happening development with an on-site, caring developer. This is the first step in his many-stepped plan for The Ridges, and for other abandoned developments in WNC that he might take on. Jones is currently checking out another development in the Asheville area. He is a man who envisions dollar signs where others see vast money pits.

Jones and his investors can take their pick: the region’s landscape is littered with these tombstones of the once prosperous, or preposterous, WNC real-estate scene.

The selling in The Ridges started just after 9 a.m. The first lot sold in two minutes. Eight lots had sold in 10 minutes, nine lots in 12 minutes, 12 lots in 20 minutes, 21 lots in an hour. Thirty-one lots were sold by 11 a.m. A prior advertising blitz targeting Florida, Georgia, Alabama and other states paid off. Jones was having a very good day; indeed, by day’s end he’d unloaded 43 lots — 18 of them cash payments.

Truth will out

Wildflower was conceived and launched during the height of the housing boom. Riding the crest of the towering Cowee mountain range on the Macon-Jackson county lines, the development boasts truly spectacular views from its vantage point of more than 3,600 feet.

Turkeys and whitetail deer are everyday sightings, red-tailed hawks soar over the ridges to survey the valleys below. There are walking trails, a fancy clubhouse with a pool and small fitness center, water and sewer already in place at the house sites. There are even some lots with foundations on them, abandoned unfinished as previous owners’ dreams crumbled in the face of financial realities.

The previous developer, Ultima Carolina in Atlanta, sold more than 160 lots in Wildflower before the company went belly up. The largely out-of-state buyers were primarily looking to “flip” the properties they bought, selling for  higher prices than they paid.

Wildflower’s promising beginning foundered on an out-of-control, plummeting market and a hastily designed, poorly executed development — at least in parts of Wildflower. How much, exactly, of the development is ill-built sparks heated debate in Macon County.

The very name Wildflower, for those weary of WNC’s historic abusive cycles of land speculation at the expense of public safety and environmental stewardship, has served in recent years as the region’s worst-case, best-known example. What’s unarguable is that a few years ago there was a landslide in Wildflower. It was about one-half acre in size. Today that landslide serves as an illustrative example of what happens when roads are cut in defiance of a mountain’s grain.

The culprit road was built during dry weather. Then wetter weather came, those snows and cold rains that distinguish winters in these southern mountains. Freezing and thawing, freezing and thawing, with temperatures climbing from single-digit numbers into the 60s and 70s, only to drop back to single digits, over and over again.

So-called “wet” springs soon bubbled where the road overlaid. The springs most likely triggered that massive flow of mud and debris. The landslide raised fears — some say the inevitability — that a developer who could build one road like that might well have cut all of Wildflower’s many roads with a similar lack of respect for the mountains. If that’s true, anybody building here, and those living below, are at risk.

Macon County knows those dangers better than most mountain communities. In September 2004, a naturally occurring landslide originating in the Fishhawk mountains buried a small residential community below. Five people died in Peeks Creek, a tragedy of such proportions that state legislators, in response, funded a project to map these mountains, once and for all, for landslide potential.

Republican legislators, taking control of the state Senate and House last November for the first time in more than a century, have eliminated funding for more maps, with only Macon, Henderson, Buncombe and Watauga completed. North Carolina leaders were responding to real estate agents, builders, surveyors and laborers who called foul, plus a state that was facing huge economic shortfalls. Working men and women said the landslide hazard maps, coupled with the recession, hindered their abilities to make livings, unnecessarily scaring people out of buying real estate here.

Wildflower, however, was mapped for its landslide risk before the state halted the project. Red, the universal signal for stop/danger, colors the steep mountain ranges where Wildflower was built and The Ridges has since emerged.

Map opponents say state geologists greatly exaggerated the dangers of building in areas such as this.

Only time, as it’s said, will tell.

Toxic brew

Add over-inflated land prices, under-funded buyers and loosely regulated loaning institutions to the development’s problems. These semi-natural and manmade elements combined into a toxic brew, and Wildflower, literally and metaphorically, wilted and died.

More than half those who bought the original lots in Wildflower went into foreclosure. Some because of an inability to make payments on their lots; others who found themselves upside down on a mortgage, owing more than the lot was worth and opting to let banks take over.

A local financial institution, Macon Bank, filed two civil suits claiming that it had been duped into making questionable loans in excess of $3.5 million to people buying some of those lots.

Macon Bank sued Beverly-Hanks Mortgage Services of Asheville and two of its brokers for, among other allegations, financial wrongdoing, defying bank instructions and setting up an interest cash-back scheme for borrowers. Additionally, the bank sued the lawyer handling property closings at Wildflower, the lawyer’s title guaranty company and five property owners. The lawsuits are wending through Macon County’s court system.

Allan Burkett and Sandra Wilkinson of Newnan, Ga., aren’t aware of The Ridges’ past history; it’s not clear they’d care if they were. They had just agreed to buy lot 142 for $19,900. Wilkinson sported a medallion on her neck that indicated they’d made the purchase.

The pair’s sales rep, Dusten Tipton of Knoxville, Tenn., had whisked them back into the clubhouse where the deals were being finalized. Burkett and Wilkinson seemed weary, a bit overwhelmed by the engineered giddy atmosphere of the sales event. Burkett was wearing a poorly fitted winter coat he’d bought locally the night before, shocked into the purchase by a sudden drop in temperatures from the 80s to the 40s as the first cold-front of autumn moved through the region.

After plunking the requisite 20 percent down that closed the lot deal, Burkett and Wilkinson were fed barbecue sandwiches and handed endless cups of sweet iced tea. They were told they could take a helicopter ride to view their new property. Wilkinson got to keep the medallion, a prize to take home as a reminder of the couple’s mountain dream.

“This is just like going to the county fair for the first time,” Wilkinson said.

“It’s exhilarating,” Burkett added.

An informal survey of the people buying the lots — most, if not all, were from Southeast states other than North Carolina — seemed to prove a point that Jones and Masta were eager to make. The days of “flipping” properties seem gone. The buyers are predominantly people who want to build houses in Macon County and live in the area either on a seasonal basis or after retirement.

At Diamond Falls Estates, the other development in Macon County under Jones and Masta’s management, 64 lots closed out of 80 being marketed on a one-day sales event last year.

“We already have 12 new houses being built now,” Masta said of Diamond Falls. “And that’s creating jobs in the area for local builders and contractors. Those weren’t speculator people who wanted to flip it in two months. Those were real people wanting to build real houses.”

It also shows that there is still a demand for mountain real estate when the price is right — a price that is far lower than days gone by.

Wilkinson and Burkett hope to build in a year or two. They bought for the view, to get a site ready-made with an existing foundation, and because they felt they’d gotten a great deal — a once-in-a-lifetime opportunity, a not-to-be-missed chance to own a little piece of WNC.

Real estate experts react to Macon sale

The one-day land rush on cheap lots in The Ridges might be a sign of the times: not a real estate turn around per se, but an eagerness by banks to off-load foreclosed property, even if it means taking a loss.

“I think this is the beginning of a new trend,” said Bob Holt, real estate instructor for Southwestern Community College in Franklin and Sylva. “I think the banks are deciding, ‘I would rather take less and be done with it than hang on another year or two or three or four. To get rid of these they are going to get rid of them at rock bottom prices.’”

People buying the failed developments can in turn sell lots so cheaply that prospective lot buyers — who have otherwise proved elusive in the mountains lately — come knocking once more, witnessed by the droves of buyers lured by the fire sale at The Ridges in Macon County last weekend.

“I think we probably will see more of the fire sales,” Holt said. “I think we have waited and waited and waited and waited, and some people are saying it has got to have bottomed out now so it is going to turn around.”

Holt doesn’t think it has, however.

Some banks are attempting to sell the lots themselves, making a foray into the real estate business rather than off-load the property to a middle man. In Cashiers this spring, the bank that had foreclosed on one development orchestrated a one-day fire sale of lots. At Balsam Mountain Preserve, the lender who foreclosed on the property has stepped in as the property manager attempting to see the development through.

Peggy Patterson, who has sold real estate in Macon County for four decades, doesn’t see a return of the market at this juncture.

“I don’t think it is rebounding at all,” Patterson said. “If anything, it seems a little worse.”

Some of the lots in a 2,200-acre gated subdivision saddling the Cowee Mountain range in Macon County are being advertised across the Southeast for what’s being touted as bargain prices. The lots are slated for a big one-day, onsite sell Saturday, Oct. 1.

Prices have been knocked down from former highs of $100,000 to $300,000, to as low as $14,000, and up to the mid $30,000 range. There are 98 finished lots and more than 500 acres under new ownership.

The development, now called The Ridges but known better by its former name, Wildflower, has a troubled history. Landsides and road issues plagued the development, a project of Ultima Carolina of Atlanta, and the project fell victim to a weak economy and paralyzed housing market.

More than half of about 151 property owners in Wildflower defaulted on their mortgage payments by July 2010, walking away from dreams of “flipping” the property during the dizzying financial possibilities of the housing boom.

After Ultima failed to sell enough lots to make the bank loan, the development was foreclosed on by BB&T. The bank managed to offload the development recently to the new entity, Leed Enterprises. BB&T obviously wanted Wildflower off its books, selling it at a rather substantial loss for just $1 million.

The new developers, which include local Macon County businessman L.C. Jones, say any problems associated with Wildflower was then, and this is now at newly named The Ridges:

“There were some issues, but those are resolved,” said Michelle Masta, a spokeswoman for the project. “We have a well-funded group, we have a stake in this community, and we have eliminated any problems.”

Leed Enterprises, in a news release, noted it has retained a national engineering company and a Franklin-based engineering firm and solved the earth-moving issues in the development. Masta said a landslide area has been abandoned and a conservation easement entered into. She said the original developer had built a road “on three springheads,” setting the stage for multiple problems that are now resolved.

Still, the new developers have an uphill climb if they want to convince skeptical onlookers in Macon County, who view Wildflower as the pinnacle of out-of-control, speculator-driven mountain land development.

Susan Ervin, a longtime member of the Macon County Planning Board, noted: “We worked hard to get sensible slope development regulation — but it didn’t happen. Now, the lots are back on the sale block. What are the ‘fire sale’ prices going to do to the real estate comps, and the hopes of other landowners and realtors to sell a piece of land at a fair price? What assurance do we have that the development will be done well this time? What control do we have? Do the people looking at lots up there have any idea about the North Carolina Geological Survey Slope Movement Hazard Maps? Do they know there are unstable soils up there?  Down here in the valley, we know it.”

Macon County might postpone revaluating property — again — from 2013 to 2015, a remarkably different response to the crushingly bad housing market than Jackson County is taking.

Richard Lightner, longtime tax assessor for Macon County, said there simply hasn’t been enough property changing hands to set meaningful property values. And most importantly, he said, it would be difficult to set accurate values that Macon County could adequately defend from costly legal appeals. Property owners who disagree with a county’s revaluation have the legal right to challenge on a state level.

By waiting, more selling and buying will have taken place, though Lightner emphasized there’s no crystal ball he’s holding that allows him to read the future — and no guarantees that the market will be better then. Still, just by adding years to the process, one can safely assume some pieces of property will have sold, he said.

Macon and Jackson are similar on the tax fronts because of the communities of Highlands (in Macon) and Cashiers (in Jackson). Both communities are dominated by high-priced, multimillion-dollar homes, at least pre-recession prices. Those homeowners currently shoulder the bulk of the tax burdens in both counties. In Jackson County, by way of example, 57 percent of the tax base is located in just two townships: Cashiers and Hamburg, both in the southern end of the county.

Here is the key issue for taxpayers, the why-you-should-care, bottom-line point: Macon, by likely postponing a revaluation until 2015, would keep the tax burden predominantly on its higher-end residents in Highlands, and spare tax increases for the short term to the county at large. Jackson, by comparison, is looking still to do its revaluation in 2013, which means revaluated property, coupled with a revenue-neutral budget would, almost inevitably, shift the tax burden from the Cashiers area to the less-affluent areas of the county.

“It seemed that most of the pushback about delaying beyond 2013 came from taxpayers in the southern end of the county,” Jackson County Manager Chuck Wooten said in explanation. “Property owners in the southern end could see larger declines in tax value while those in the northern end will see smaller declines, which could result in less taxes for the citizens in the southern end versus more taxes for the northern end.”

Revaluations in North Carolina must take place at least every eight years. Jackson County has the option of pushing back until 2016. Macon County must do its revaluation by 2015.

What’s not in question is what revaluation will mean for both counties: declining values when compared to the boom housing years. Jackson County did its last revaluation in 2008, and Macon County in 2007. Both counties opted to postpone revaluation past a four-year cycle, which they’d gone to because escalating land prices were causing sticker shock to taxpayers. This means Jackson County is using property values set in about 2007, and Macon County is using property values determined in 2006.

New values would mean “the $150,000 home on one acre would probably go up; undeveloped land and more expensive home will have a decrease,” Macon County Commissioner Kevin Corbin said in a recent meeting on the revaluation.

And that would shift the tax burden.

“I don’t have a problem with that per se,” said Macon Board Chairman Brian McClellan, who lives in Highlands and works as a financial advisor there. “If a big house loses value, they should get a tax break. My issue is, if we don’t have good comps, then we don’t want to be at risk defending a lot of revaluations we might not be able to defend.”

Corbin said that he does have some questions about whether Macon County should just go forward, like Jackson for now is set on doing, “and let the chips fall where they may.”

“When is our economy going to return? Maybe we are living in the new normal,” Corbin said.

Macon Commissioner Bobby Kuppers, a U.S. Naval Academy graduate and former commander of a submarine, said the board should be clear in the message it sends to the county’s citizens.

“I think we can say, with some degree of certainty, where those chips are going to fall,” Kuppers said. “If we do the revaluation (in 2013), we owe it to the people of this county to warn them, ‘Incoming Chips.’”

Lightner added, “Those people you see at the grocery store or getting their car fixed, the burden of the chips are going to fall on their laps.”

Commissioners Ron Haven and Ronnie Beale indicated they would support postponing the revaluation.

“The people this would hit the hardest are the very people who can least afford it,” Beale said.

A vote by commissioners is expected in Macon County next month.

Watching the sausage being made at local government meetings isn’t most people’s idea of high entertainment … or low entertainment, or entertainment of any kind of all, for that matter.

Outside of the occasional spat between elected board members or, even more rarely, hot-topic issues that get everyone in a community revved up for a time, these meetings are amazingly the same no matter which town or county you might land in.

The same sorts of people with similar axes to grind generally speak during the public sessions, their words so familiar that anyone left listening could stand in and give the speeches, verbatim, themselves. In towns, water and sewer issues often dominate leaders’ agenda; at counties, such riveting topics as 911 road-name changes, landfill issues and resolutions in favor of apple pie and the American flag and resolutions against muffins, communists and unfunded state mandates proliferate.

But in Macon County, there’s a group of four regular folks who find the county commissioners’ meetings the best show in town — they say the price is exactly right in these times of economic restraints (free), the performances routinely scheduled (at least once each month), and the cast of characters and the storylines comfortably predictable, yet with enough variation to keep things interesting.

“We like knowing what’s going on, and hearing what they say, and it’s a good way to find out about how they think and how things really work,” said Kenneth McKinney.

“It’s part of the charm of living in a small town,” his wife, Dianna McKinney, said. “And, it’s cheap entertainment.”

The McKinneys are joined at the Macon County Board of Commissioner meetings by close friends Catherine “Cate” Robb and husband, Richard Robb. The four always try to sit together on the very back row. Not exactly the peanut gallery, but they do joke around with and greet commissioners familiarly before the start of each meeting. They are as predictable a sight as Mike Trammel, the Macon County deputy posted to the county beat to keep order at meetings, or any of the six or so local reporters assigned to write about the commission meetings.

“The more people that are here, it helps the commissioners,” Cate Robb said, clearly sympathetic to commissioners’ need for an audience. After all, no one enjoys performing to an empty hall.

The two couples have known each other and been friends for 20 years. Since Kenneth and Dianna McKinney made the retirement move to Franklin about three years ago from Texas, they and the Robbs have made a point of attending the monthly meetings together.

And, yes, they do actually believe in civic duty — and that’s one reason they attend. Though when civic duty becomes too boring, they bail out early and go eat dinner together at their favorite local restaurant, Monte Alban Restaurante Mexicano, a monthly double date.

The four made it an hour-and-a-half last week before fleeing the meeting, after having enjoyed the following entertaining acts:

• Act 1: An apology by Chairman Brian McClellan who was six minutes late. He explained that driving from Highlands to Franklin had been slow going. McClellan counted — the motorist in front smoked four cigarettes on that 10-mile drive.

• Act 1.5: Recognizing Commissioner Ronnie Beale for his election as an officer of the N.C. Association of County Commissioners. Beale thanked many people for their support, but particularly all of the people in Macon County (not, mercifully, each by name) in something of an Oscars-type speech.

• Act 2: Prayer and pledge of allegiance.

• Act 3: Public hearings on 911 road names and the transit program — nobody from the public spoke, so that didn’t take long.

• Act 4: Public comment, in which Macon County resident Mark Hirstir complained at length about damage done to his property by Duke Energy, and urged Macon commissioners to please pass some land regulations (they thanked him for his comments, and made no commitments or promises).

• Act 5: Presentations by Jane Kimsey, director of social services; resident Jerry Cook about a floodplain issue involving Wells Grove Baptist Church; and resident Jean Jordon on healthcare access.

• Act 6: Pleas from the sheriff and Highlands police chief for commissioners to help the town persuade the state not to eliminate the magistrate post in Highlands.

Then the four left, entertained enough apparently, but already anticipating the next meeting.

“We’ll be here if we’re in town,” Dianna McKinney promised.

And that suits the commissioners just fine.

“I teach civics, what am I supposed to say?” Commissioner Bobby Kuppers, a Macon County educator when not performing on the political stage, said with a laugh when actually queried on that point. “No, really, it’s great that they’re engaged. I wish even more people would come.”

Getting a kidney dialysis center in Franklin grew more likely last week after a state committee agreed Macon County had demonstrated a tangible need for such a facility.

With a county population older than that of many surrounding communities, an increasing number of residents here have been forced to travel over Cowee Mountain to Sylva for treatment.

Driving to Sylva is an inconvenience during the warm-weather months, but during snowfall, it is a true danger for those seeking the lifesaving medical procedure, dialysis family members and patients have said. Last winter’s harsh weather set the stage for Macon County’s dialysis-center push, highlighting the difficulties patients faced making their way to the nearest facility in Sylva.

Macon County has a loose agreement from DaVita, a publicly traded national company that operates the dialysis center in Sylva, to come into Franklin if the state gives the OK. The state limits health care competition to ensure hospitals and medical facilities are financially viable, issuing a “certificate of need” only if patient demand warrants it. In this case, the state said there wasn’t enough demand for a dialysis center in Macon County.

Macon County leaders objected to the state’s assessment, however. DaVita prepared a letter of support for the county to show state officials, signaling its intentions to consider opening a center in Franklin.

The state requires that new dialysis facilities be able to project a need for at least 10 dialysis stations, or 32 patients — at last official count, in the state’s semiannual Dialysis Report, Macon County had just 23 residents receiving dialysis.

But county officials dispute that number, saying that more than 30 dialysis patients currently drive U.S. 441 from Macon County to Sylva for treatment. Additionally, officials suspect there are some dialysis patients in the southern end of the county driving to neighboring Clayton, Ga., who aren’t included in that number. The state’s threshold for justifying a kidney dialysis center also doesn’t take into account the particularly arduous health challenges associated with end-stage renal disease — yet Macon County’s end-stage population is increasing by an average of 10 percent a year, according to county records.

The state uses a 30-mile radius to determine locations of dialysis centers.

Friday, the long-term and behavioral care committee, meeting in Raleigh, agreed unanimously with Macon County’s arguments, according to County Manager Jack Horton. The committee recommended Macon County be allowed to build a five-bed dialysis center; that bed number could change to accommodate increased need.

The proposal now hangs on a State Health Coordinating Council meeting set for Sept. 28, said Macon County Commissioner Ronnie Beale, who has led the dialysis-center push.

Beale was optimistic the 29-member council would approve the proposal. If that happens, in March the county would apply for a certificate of need, which Beale believed would be forthcoming.

“We couldn’t be more pleased,” Beale said.

Phil Drake acknowledges that he has two kinds of enterprises. There are those launched or purchased for strategic business reasons; others he owns to ensure family members in Macon County have places to work.

Drake has a lot of family, and he owns a lot of businesses: some 18 or so under the Drake Enterprises umbrella alone. These include a tax software company, an internet company, a performing arts center and a printing press.

Here’s how Drake and Drake Enterprises work, in what’s virtually a textbook model of a business practice dubbed “vertical integration,” or expanding within the core company’s supply chain of operations:

• Drake Enterprises was responsible for 75 percent of the work at Macon Printing in Franklin. Drake, once alerted to that fact by the shop’s owners, bought the business.

• Drake needed more reliable internet service than was available in WNC, so he joined with the Eastern Band of Cherokee Indians to create BalsamWest FiberNet. The company, headquartered in Sylva, has built 225 miles of underground fiber in Western North Carolina.

• Drake Enterprises had extensive marketing needs; Drake launched PRemiere Marketing in response. PRemiere serves as an in-house marketing service for Drake Enterprises, plus handle advertising and marketing for “outside” companies.

• Drake’s companies use computers extensively. Today he owns TechPlace outlets in both Franklin and Hayesville, specializing in computer and cell-phone sales and repairs.

Not bad for a boy from Franklin whose mother used to come home from work with bloody fingers from making denim jeans for Wrangler at the local factory. These days, Drake owns that place, too — he turned the 56,000-square-foot building into a “Fun Factory” for kids, complete with arcade games and a go-cart track.

Buying into the Drake dream

More than 500 people work for Drake. Key employees, those he wants to keep in the company for life, are encouraged to buy stock in Drake Enterprises using money Drake loans them. These employees now own 10 percent of the company.

“I picked employees who are loyal, have the same vision I do, and who don’t have an exit strategy,” Drake said. “I hope to work there until I die; the employees I picked, I hope they’ll work there until they die.”

With that many employees, there are that many people in WNC who owe Drake their comforts and livelihoods. His legion of supporters view Drake as a man who takes care of family and community, pays his dues and debts, and gives proper homage to God.

“He has worked very hard for what he’s got,” said Ronnie Beale, a Franklin native and Democratic county commissioner who owns and operates a construction company in Macon County. “We might differ politically on some things, but Phil has a heart for Macon County and its people.”

Drake would like to branch out of the private sector and serve in Congress. To date, however, his wife has made it clear she’d rather he not. Drake was equally clear in a recent talk in Asheville to area business owners about his intention of honoring her wishes.

Don’t count Drake out of politics too quickly, however. When you examine his history, this is a man who has managed to do pretty much whatever he’s wanted, one way or another. Through sheer perseverance, an uncompromising business intellect and an almost uncanny ability to time his business deals, Drake has prospered, and the extended Drake family has prospered right along with him.

“If I can create a job, make a little money or break even, I’ll do it,” Drake said. “God put me in the right place at the right time, and I really hit a homerun in software. On some of these other businesses, I’ve gotten some singles and some doubles. I’m still out there trying to find that next homerun.”

From bankruptcy to wealth

Drake’s rags-to-riches, Horatio Alger Jr.- type tale takes something of an odd turn in 1981, when shortly before the age of 30 he plunged into bankruptcy. Drake, a proponent of small government who has spoken at area Tea Party venues, was forced to rely on food stamps to help feed his family. Today he expresses gratefulness for that particular program of the federal government.

Drake grew up on a farm. He went to Davidson College after graduating from Franklin High School, and then headed into neighboring South Carolina. Drake taught high school math for three years in that state before deciding he couldn’t support a family on take-home pay of $425 a month.

Drake returned to Franklin in 1976 and joined his father in the family tax business. These were the days when taxes were done with pencil and calculator — pre-computer and pre-computer tax programs. Drake said he just knew there had to be a better way of preparing people’s taxes.

Drake bought an IBM computer for $22,385 in 1977 using borrowed money. At his son’s urging, his father mortgaged a piece of property to cover the cost. Drake was confident he could program the new computer — which, in fact, he did. Drake developed an accounting program that he was soon selling to other accountants.

He remembers boasting to his wife, “I’m going to be a millionaire by the time I’m 30.”

There was one problem with Drake’s plan, however. Each year the computer needed updating. The updates required new, expensive computers — not the relatively cheap, internal fixes you’d get today. Drake kept borrowing and buying new, expensive computers.

“I was $100,000 in debt just from buying computers,” he said.

Then he left the state and went to Kansas City for a time to help another company automate its tax service, putting faith in an on-site manager to take care of his business at home.

That didn’t happen. The Internal Revenue Service didn’t get its due in the form of payroll taxes. One day a federal agent informed Drake the IRS planned to padlock the family’s office door and seize their business equipment if the government didn’t get its money.

Drake didn’t have that kind of cash. He instead drove to Asheville, retained an attorney, and filed for bankruptcy.

Time seems to have helped heal the sting of that decision, and there’s clearly balm on the wound from having, Drake emphasized, paid back every dime to every creditor involved. He estimated that took about six years.

Drake described learning some hard lessons during those times. About not using money you don’t have, and about not getting out on a limb and sawing it off behind yourself.

“You know the only thing my wife and I could talk about then? Money. We didn’t have any, and that’s all I could talk about,” Drake said.

He’s self-critical, too, of the 100-hour weeks he once worked, remembering tearfully how one of his three children begged him over the phone, “Daddy, please come home.” Drake described his younger, driven self as “ornery,” a perfectionist who had difficulty letting workers write some of the most basic software code the business needed.

Now, he said, he hires good people and gets out of their way.

“I’m getting easier to work for,” Drake said.

And, he turned to his faith.

“This was a life-changing experience for me,” Drake wrote of the bankruptcy in an article published by the National Christian Foundation, on whose board he serves. “I came to the place where I finally said, ‘God, I’ve messed this up. From now on, I’ll manage your business, and Lord, would you manage mine?’”

The National Christian Foundation is based in Atlanta, Ga. It is the largest Christian grant-making group in the world, self-reporting that it has received more than $4 billion in contributions since 1982 and given more than $2.5 billion in grants to thousands of churches, ministries, and nonprofits. While board members such as Drake are technically elected each year, they are expected to serve for life.

An ‘angel’ investor

In a downward spiraling economy that has seen countless businesses go under, Drake has instead thrived — these days he’s emerging as a self-described “angel investor,” a man with enough money at his command to select only those investments that interest him. He likes to buy-in low, on the promise that the sellers will get their money back, and more, if the targeted business turns around. That minimizes his risk, and promotes cooperation to get the invested-in business moving in the right direction.

“We don’t pay more than we can sell it for tomorrow,” Drake said.

Bob Dunn, director of consulting for Mountain BizWorks, said Drake motivates companies he invests money into.

“His deals are tough love, but they have an attainable upside,” Dunn said.

Cecil Groves, a former president of Southwestern Community College who is overseeing BalsamWest for Drake and the Eastern Band, described Drake as a man who reaches business decisions quickly and decisively. Groves also sees Sharon Drake as a true partner of her husband, in every sense of the word, including in the business side of his life. Sharon Drake handled accounting and human resources for Drake Enterprises for two decades.

In addition to an ability to sift through facts and data quickly, Phil Drake has that near perfect pitch when it comes to timing on business deals. He was among the first in the nation to start filing taxes electronically, for example.

Drake is also a stickler for customer service — in January, just as the tax season kicks off, his business gets 14,000 to 15,000 calls a day from customers needing support using his tax software. Drake has call centers in both Sylva and Hayesville.

He expects the support line to be answered in three rings, an eight-second wait on average. This, Drake said, compares to the 45-minute wait time of some competitors.

Ron Haven, a Republican commissioner in Macon County, is an unabashed fan of Drake’s and of the business empire he’s built.

“He could have picked up and moved everything away,” Haven said. “But he’s stayed here instead in Macon County, and helped this community.”

Drake’s political future, if there is one

On YouTube there’s a video from an April 16, 2009, Tea Party event in Franklin featuring Drake. He sounds familiar Tea Party themes, such as: “you cannot legislate the poor into prosperity; you cannot borrow your way out of debt;” “If you take the resources from successful companies and reward those that are failing, that’s a picture of our bailout, and that’s unacceptable.”

For the most part, Drake appears on the video reasonably polished and smooth during this minor political foray. But there’s an awkward intellectual straddle when he attempts to pin the U.S. deficit, in large part, directly on abortion, which as a fundamentalist Christian, he strongly opposes.

“We have killed 30 million people who could work today and pay into the social security administration,” he told the crowd.

Drake said though he certainly would love to serve in Congress, he’s not really willing to run.

“I think I’d have some trouble,” Drake said. “I’m somewhere to the right of Jesse Helms. So getting elected might prove tough.”

The Drake empire:

• Drake Income Tax and Accounting: founded by Phil Drake’s father in 1954, Drake sold it to employees in 2004 for $1 on the 50th anniversary of the business’ founding.

• Drake Software: Software for accountants and tax preparers. Headquartered in Franklin, with additional call centers in Sylva and Hayesville.

• WPFJ Radio: Commercial AM station, Christian programming, in Franklin. Donated this year to Toccoa Falls College in Georgia, a Christian college. The move will save Drake Enterprises $50,000 a year, Drake said, and the college plans to continue with the same Christian-based music and programs.

• WNCSportsZone: Sports equipment and athletic shoes and apparel. Stores in Franklin and Waynesville.

• Dalton’s Christian Bookstore: Stores in Franklin and Waynesville.

• Macon Printing: A commercial printer in Franklin. Publishes The Real Estate Buyers Guide in five communities.

• PRemiere Marketing: Advertising and marketing agency based in Franklin.

• Franklin Golf Course: Nine-hole public golf course, driving range, pool.

• DNET Internet Services: Dial-up, DSL, wireless, webhosting. Based in Franklin.

• BalsamWest FiberNet: A partner with the Eastern Band in building underground fiber.

• TechPlace: Computer and cell-phone sales and repair, stores in Franklin and Hayesville.

• The Fun Factory: Family entertainment center in Franklin. Includes the Pizza Factory and The Boiler Room Steakhouse in the same building.

• The Smoky Mountain Center for the Performing Arts: 1,500-seat theater in Franklin, with orchestra pit and full staging; 80 events per year.

• EPS Financial: Process banking transactions and debit-card transactions. Based in Easton, Pa.

• GruntWorx: Converts scanned documents into readable and searchable PDFs and can import data into tax software. Originally based in Massachusetts, Drake moved the company to Derry, N.H.

• Stellar Financial: Drake is an investor in this Stroudsburg, Pa., company providing software and integrated management services for nonprofit donors.

• Sylvan Sport: Drake is an investor in a Brevard-based company that builds the “GO,” a camper.

• Galaxy Digital: Drake is an investor in this Asheville company that creates digital campaigns and works on web communications.

• Drake Capital: Drake is a partner in this Matthews-based real-estate acquisition and development company.

Macon County commissioners decided last week to try to buy the old Cartoogechaye School, raze it and build two ball fields on the site.

County Manager Jack Horton called a special board meeting last Friday after realizing the possibility of acquiring the old school on U.S. 64 west of Franklin was, literally, in its last moments. The Macon County Board of Education is auctioning off the old school to the highest bidder. A farmer, wanting the rich, flat bottomland where the school is built beside Cartoogechaye Creek for tomato fields, had entered a sole bid for $235,000. The 10-day “upset period” on the bid was about to expire.

In previous years, the county had considered purchasing the vacant school from the Macon County Board of Education, but had balked at the then $1 million fair-market asking price. That was just too much money, Commissioner Ronnie Beale said. But real-estate values have since plummeted.

The commissioners voted last Friday to put in an upset bid for $247,000 (each new bid must be at least 5 percent higher than the last one.)

If they could get the nine acres and a still serviceable gym for just a quarter million? Well, said Chairman Brian McClellan, a financial advisor in Highlands in real life, “I’d kind of consider this money out of the left pocket into the right.”

That’s because county commissioners serve as the funding arm of Macon County Schools. Commissioners noted they’d have a mental tally of the payment for Cartoogechaye Schools the next time there was a school board funding request.

Beale, who owns a local construction company when he’s not on duty as commissioner, noted septic and water are in place at the old Cartoogechaye School. The school building itself, he said, is not salvageable; but grading for fields wouldn’t be necessary because the land is already flat. There are some wet areas, but no actual wetlands, Beale said.

If the county gets the old school, they have schematics already drawn calling for the two ball fields, a restroom area and a concession stand.

“The recreation department would be able to do things a piece at a time, if they knew we had the land,” Commissioner Bobby Kuppers said. “Not knowing doesn’t allow them to plan.”

The new fields could allow the county to have separate locations for its adult and youth recreation leagues.

Another buyer could upset the new bid by commissioners, or the farmer could come back with a higher offer as well, within a 10-day period.

Macon County built a new school several years ago to replace the old Cartoogechaye School, which was declared surplus in October 2007, allowing it to be sold by the school board. It has been vacant since. An archery club uses the gym.

Commissioners had considered using the old school for a daycare, but the cost of renovating the building was prohibitive, Beale said.

Cherokee students and teachers have undertaken the first part of a long-term monitoring project of birds at the Cowee Mound in Macon County.

A group with the Robbinsville-based Cherokee language camp in July participated in a breeding-bird sample survey at the tribally owned mound. Shirley Oswalt led the effort.

The event proved an opportunity for the students to familiarize themselves with native bird species, the traditional Cherokee names for these birds, and with the historic property itself.

Staff from Southern Appalachian Raptor Research, a local nonprofit group dedicated to the conservation and protection of birds of prey in the southern Appalachians through monitoring, education and field research, organized the survey. Mike LaVoie of the Eastern Band of Cherokee Indians’ Fisheries and Wildlife Management program participated in the event, as did staff from the Land Trust for the Little Tennessee, which has been collaborating with the tribe on the management of the property.

The survey is part of a nationwide program known Monitoring Avian Productivity and Survivorship that is coordinated by the Institute for Bird Populations to monitor the health of breeding birds throughout North America. Last year, the Raptor Research group established a monitoring station in southern Macon County, and is continuing that work this summer.

“We chose the Cowee Mound site due to its diverse mix of early successional habitat along the floodplain,” LaVoie said. “Such habitat has been disappearing throughout the Southeastern U.S., yet is critical for the survival of many of our native wildlife species.”

Cowee is considered one of the most significant archaeological sites of the Mississippian period in North Carolina, when intensive agriculture first became established in the region. Pollen sampling has verified the presence of agriculture on these bottomlands dating back at least 3,000 years. The mound is thought to date from approximately 600 A.D. The council house of the Cherokee town of Cowee was located on this mound in the 18th century, at which time the town of Cowee served as the principal diplomatic and commercial center of the mountain Cherokee. For this reason, Cowee was also the center of significant historic events on the eve of the American Revolution in the South, including the target of the Rutherford Expedition in September 1776.

The 70-acre tribal property along the Little Tennessee River encompasses Cowee Mound and Village Site, which was placed on the National Register of Historic Places in 1973. The Eastern Band purchased the property in early 2007 with assistance from the Land Trust for the Little Tennessee and the N.C. Clean Water Management Trust Fund. The latter holds a conservation easement on the property that permanently protects its conservation values and prevents commercial and residential development.