Cashiers recreation center might finally become reality

Jackson County commissioners say it’s high time Cashiers gets its due: an $8 million recreation center as pay back for the disproportional share of property taxes carried by the affluent homeowners there.

Blueprints for a Cashiers recreation center have been ready to roll since 2006. Five years later, the long-promised but yet-to-be delivered recreation center has become a symbol of discontent for Cashiers residents. Cashiers residents frequently claim they are neglected for the off-the-plateau county seat of Sylva and the communities surrounding it.

“They deserve a lot more than they have gotten in the past,” said Charles Elders, a newly elected Jackson County commissioner. “They feel like they have been neglected quite a bit.”

Elders said the recreation center has floundered on the “back burner” but that is about to change.

“I feel it was time to get serious about it and get busy with it,” Elders said.

SEE ALSO: Cashiers, Glenville show their pull in the polls

The county has spent $3 million over the past five years getting the site ready, including water, sewer and grading. All that’s lacking now is construction, estimated at $5 million.

County Chairman Jack Debnam, also a newcome to the board, said it seemed like the county had lost momentum on the project.

“After this site preparation stuff, the building sort of vanished,” Debnam said. “I am not sure what happened and how we got to where we are at.”

Debnam, like Elders, cited the taxes paid by Cashiers and Glenville residents — a product of the higher-priced homes and lots in those communities — as justifying the expense.

“If anything happens as far as any kind of building project, I would like to see that be one of the projects we do,” Debnam said. “It is a project that has been promised evidently for years and other things have always pushed it back.”

But Debnam said other outlying areas of the county — such as Qualla for example — also deserve more.

“People in Jackson County stay so close to their communities they don’t understand the wants and needs of the other communities is what I have found,” Debnam said.

 

A long and twisted road

Progress on the recreation center was stymied at several turns by a web of environmental permits. Site work hit one setback after another as the county learned of yet another regulatory hoop that had to be jumped through. There were also water and sewer lines to run, and an entrance road to build.

“Progress has been slowly plugging along but nobody has seen a building go vertical,” said Commissioner Mark Jones, who lives in Cashiers.

Trying to explain why it has taken so long has been a “nightmare,” Jones said.

“I would tell people we are going to build it and they would say, ‘Oh yeaaahhhh, suuurrre,’” Jones said.

The site lies in the headwaters of the protected Chattooga River, and thus required stricter-than-usual environmental requirements. The county had to navigate a maze of permits from the Army Corps of Engineers, the N.C. Wildlife Commission, the N.C. Division of Water Quality and the National Pollutant Discharge Elimination System

At each step, costs ballooned skyward.

“We had to spend a phenomenal amount of money to meet the environmental requirements and permits,” Jones said.

The county ponied up an additional $900,000 for site work between 2006 and 2008 to comply with tougher standards on everything from wetlands to stormwater runoff. Even bringing water and sewer to the site cost more than expected.

Cost overruns did influence the project’s timeline, Jones said.

“As we were spending the extra money, we saw more and more go to site prep and less and less left for the building,” Jones said.

County Manager Chuck Wooten, who just came on board in January, said it is unlikely the former board of commissioners would have kept spending on site work if they didn’t plan to follow through with the project somewhere down the road. In 2007, commissioners took out a $2.7 million loan to cover the site work.

But the drawn-out process and lack of actual construction work left many thinking the project was never going to be completed.

“I do think the folks up there in Cashiers are confused as to why it hadn’t been taken care of,” Wooten said.

Jones said the former board of commissioners were always committed to the project — at least the majority of them were.

Former commissioner Tom Massie said publicly — during a candidate’s forum held in Cashiers no less — that he thought it was unwise to spend the money at this time given the uncertain economic conditions and school funding shortfalls that could lead to layoffs of teachers. Jones said Massie’s honesty in a roomful of Cashiers voters on the eve of the election was admirable, at least.

At the same forum, the three newly elected commissioners pledged support for the recreation center.

Making good on their promise, they asked Wooten to bring them a status report on the project and what it would take to jump start it.

The architect, Dan Duckham of Cashiers, told Wooten plans could be ready to go to bid within two months. The cost estimate stands at $5 million.

Wooten hopes it might not be that much. Builders are hungry for work given the depressed construction market, he said.

“It is a great climate for bidding,” Wooten said.

The county has enough in reserves to pay for construction without borrowing.

Jones said the county once intended to take out a loan for construction but were waiting until this year, Jones said. The county this year will finish making loan payments on the Fairview and Scotts Creek schools, freeing up the county’s debt load.

Wooten instead has recommended tapping the county’s plentiful savings, which stands at roughly $20 million. Commissioners have informally agreed.

The county built up its reserves over the past decade, growing the fund balance by $10 million in the last 11 years, Jones said.

“They were very wise in socking away a considerable amount of money,” Jones said. “You have to give credit to the former county manager and boards of commissioners.”

The recreation center will cost another $330,000 annually for staff, overhead and maintenance, Wooten estimated. Part of that would be offset by memberships.

Jones said the Cashiers recreation center will provide economic stimulus in Cashiers, both creating jobs and spurring investment. People who have bought lots but not yet built their retirement home may now decide to do so thanks to the coming amenity.

 

Want to go?

Jackson County commissioners will hold a work session to discuss the Cashiers Recreation Center, including a chat with the architect, at 1:30 p.m. Friday, June 3, at the Cashiers library.

Cashiers rec center would cost $5 million

Jackson County commissioners may tap the county’s robust savings to build a $5 million recreation center in Cashiers.

The rec center has been years in the making, with the previous board of commissioners chipping away at site preparation, planning and design.

County Manager Chuck Wooten told the current commissioners they could move ahead with construction thanks to healthy county savings.

“Even by taking $5 million out of our fund balance we are still in really good shape financially. It would not impact the county negatively at all. We still have a very generous reserve,” said Wooten, who took over as the new county manager in January along with a new slate of commissioners.

Commissioner Mark Jones, who lives in Cashiers, said he would support using the fund balance to build the long-promised Cashiers rec center.

“I think after five years it is time to take this off the shelf,” Commissioner Charles Elders added.

Art and nature merge in outdoor sculpture

Thanks to a group of enthusiastic volunteers from the area, a new Patrick Dougherty sapling sculpture has been constructed at The Bascom Art Center in Highlands.

Dougherty constructs outdoor sculptures all over the world and has finished more than 200 major site-specific pieces, but has fashioned only a few in his own home state.

“Do Tell” is a 15-foot-high by 27-foot-wide by 21-feet-deep, sinuous woven stick monumental work of art.

The community is invited to drop by and admire the sculpture’s whirling shape, maze-like interior, and natural features that echo the landscape around it. Walk inside the sculpture, as the cavernous magical interior is part of the experience.

Made up of native hardwood species including maple, beech, birch, elm and hazel tree saplings, the wood sculpture took three weeks, 75 volunteers and over 800 volunteer labor hours to build and install. Four tractor-trailer-truck loads of hardwood tree saplings were collected at neighboring Highlands and Scaly farms.

All in all, more than six tractor-trailer loads of construction material were used in the final creation.

According to Dougherty: “The sculpture’s 15 sides or facets or facades have two eye-like or window openings at the top and mouth-like or door openings at the bottom. On each panel, there is a suggestion of a face. The sculpture’s facets or walls spiral inward. There is mystery in this piece. You cannot see it fully from one vantage point. This is a work of art that you must circle around and enter into in order to discover all of its features. The title ‘Do Tell’ suggests that mystery. ‘Do Tell’ invites the viewer to come closer and have a deeper experience.”

An idea is planted

In the 1980s, current Bascom Director Linda Steigleder saw a twig-works outdoor sculpture by Dougherty at The Phillips Collection in Washington, D.C., and was mesmerized. When Steigleder joined the staff of The Bascom, she introduced the idea of commissioning a work by this artist whose critical acclaim and talent have grown.

Volunteer and local artist Bo Sweeny has worked nearly every available work shift during the entire project.

“I was familiar with Patrick and his work from having seen it previously and was very impressed and I never thought I would have a chance to work with him,” said Sweeny. “This has been a chance of a lifetime.”

Bascom member and an accomplished artist Peggy Wilcox added, “I had seen Patrick’s work and became enchanted with it. I jumped at the opportunity to volunteer.”

Located in a green space next to the art center’s kiln barn, the impressive tree sapling structure is visually prominent from the moment you enter the campus through Oak Street or the art center’s main entrance off Franklin Road, the covered bridge. Dougherty’s sculpture will be on continuous view at The Bascom for at least two years or as long as the structure endures.

About the artist

Dougherty has created hundreds of monumental, site-specific sculptures around the world. His work is constructed from thousands of deciduous tree saplings and sticks gathered from local sources and shaped into massive, swirling forms as high as 40 feet. The artist loves the production phase of his work. “We are all hunters and gatherers,” Dougherty said. “It’s primal.”

In his work, Dougherty combines his carpentry skills with his love for nature. In the 1980s, he made small sculptural works, fashioned in his own North Carolina backyard and quickly moved from pedestal-sized pieces to monumental site-specific installations that require sticks by the truckload.

The Dougherty installation and sculpture, which took three weeks to construct, is made possible through tireless volunteer hours and the support of exhibition sponsors Mary Ann and Knox Massey.

For more information call 828.526.4949 or  www.thebascom.org.

New pavilion shapes Cashiers’ Village Green into high-caliber venue

When the Summit Charter School found a new home last year, it left behind an empty space in the heart of the Cashiers’ Village Green, a 12.5-acre green space created with private donations in 1992.

The board of directors for the village park complex saw the space as an opportunity to create a new open-air community center — a place that could be the center of the Cashiers arts scene but also a festival venue for the larger community.

“The Village Commons is the first multi-purpose outdoor venue in Cashiers. Nothing like this was ever available before,” said Jochen Lucke, president of the Village Green board.

This week, the potential of the new space will be on full display, as 24 painters and 10 sculptors gather for a weeklong exhibition of plein air art demonstrations during Arts on the Green, one of two primary fundraisers for the new Cashiers Commons. In addition to the plein air demonstrations –– which feature artists plying their trade out in the open like Claude Monet did in Normandy –– more than 300 works of art will be available for sale.

For Lucke, the event is a chance to show the entire community the value of a space that’s been outfitted for their enjoyment.

“We really hope there will be daily visitors on the green enjoying the space and that everyone in the valley uses it,” Lucke said.

The demolition of the school buildings that occupied the Village Commons began in 2009, and the board of the Village Green began hashing out the next step.

After raising close to $100,000 from private donors in the community, the work of creating a multi-function event site that blended in with the beauty of the green as a whole began in earnest.

The Village Green complex has an 8,000 sq. ft. playground, a wetlands nature trail and a magnificent azalea garden.

Board member Dan Duckham –– who is also the architect of the new Cashiers Recreation Center –– took on the responsibility of designing an outdoor arts pavilion that could host a wide range of events.

The pavilion comes with a state of the art audio-visual tower that will allow for everything from screening outdoor movies to hosting musical performances, like the summer music series Grooving on the Green. There are already plans for yoga classes on the green during the week.

“The type of event is only limited by the imaginations of the people in the community,” Lucke said.

The Village Commons is available for private functions, and the proceeds will go back into maintaining and expanding the Green.

For more information about Arts on the Green or the new Cashiers Commons, visit www.villagegreencashiersnc.com.

 

Growth of dog bakeries tempt owners to indulge their canine companions

At the end of a rough week, your dog might consider stopping in at Smoky Mountain Dog Bakery in Dillsboro for “Yappy Hour” or perhaps heading to Woof Gang Bakery in Cashiers for a homemade gourmet treat.

Dogs older than the age limit have their choice of non-alcoholic beverages, including Bowser Beer and Sauvignon Barkundy from Bark Vineyards, “Fine wine for the canine.”

Depending on their mood, they can nibble on a barbecue beef bone (grill marks included), pumpkin pie fire hydrants, or snicker poodles at Woof Gang.

At Smoky Mountain Dog Bakery, chicken and beef tacos, pizza, hot dogs, banana cream pies and even birthday cakes are up for grabs. Most treats will cost $2 each.

Jackson County has been no exception to the booming worldwide trend of gourmet dog food. It’s nothing like what has dominated store shelves for decades. And now more than ever, the trend is catching on in Western North Carolina.

Smoky Mountain Bakery plans to open a new location in Waynesville in the next month. Woof Gang Bakery recently opened a store in Cashiers, the Florida chain’s first in the state. A grand opening for a second store followed in Asheville last week, and one more is planned for Chapel Hill late this summer.

The gourmet dog treat business continues to thrive, flying in the face of the recession.

“The pet industry has not suffered at all,” said Janet Martin, owner of Woof Gang Bakery. “In fact, it has grown.”

More people are traveling with pets, and hotels are trashing their “No Pets” signs accordingly. A few are even tucking gourmet treats in their rooms to welcome canine customers.

Walt Cook, owner of Smoky Mountain Dog Bakery, said with an increasingly mobile society and family members no longer living nearby, pets have become more important to people.

“You don’t have the connection, the family dinner every Friday night or the 4th of July picnic with 30 or 40 family members,” said Cook. “That’s what I grew up in, and you don’t have that anymore.”

The loss of a family member is what prompted Martin to get her dog late in life.

Her 20-year-old son Jacob died after undergoing a bone marrow transplant at Duke University. While coping with the tragedy, Martin continually felt an impulse to get a dog. Her younger son Jonathan had always wanted one as well.

Soon after, Brady joined the Martin family.

“I just thought it would be good for healing,” said Martin. “They’re such wonderful creatures. They give you unconditional love … They require you to walk them; they require you to keep on living.”

 

Recipe for success

 

The enticing aroma wafting from the oven at Smoky Mountain Dog Bakery easily deceives the human nose.

But one bite is enough to tell the difference.

“It tastes like a very bland peanut butter cookie,” said Cook, adding that it is a healthy treat.

Cook’s handmade organic treats have no sugar or butter. His simple recipes often include oat flour, oatmeal, carob and peanut butter.

“No wheat, corn, soy — none of the things that dogs have allergies to,” said Cook, who regularly researches to make sure all the ingredients he uses are puppy-safe.

In the last 10 years, there’s been a growth in the natural dog food market, prompted by the deaths of several thousand dogs in the U.S. after ingesting unsafe chemicals used in dog food. Many more had contracted serious health problems.

Cook’s foray into the dog treat business came after he noticed many travelers dropping into his restaurant in Florida with their dogs. He began baking treats for them, and they were so popular that travelers came back on their return trip specifically for more treats.

After moving to Dillsboro for retirement, he started hunting for something new to do.

“I don’t golf,” said Cook. “You can only fish so many days of the year.”

The store met with instant success, but Dillsboro shortly afterward lost droves of tourists when the scenic Great Smoky Mountain Railroad moved its operations to Bryson City. Forced to find a new business model, Cook began selling his products wholesale and online.

He’s hoping to shift back into retail with a new location in Waynesville. While he would like to see the Dillsboro store stay open, he’s not sure yet if it will.

For now, Cook, who is friendly with every customer that walks in, is looking forward to the grand opening of the store on Main Street in Waynesville.

With more space, Cook can offer more products. He will continue to focus on bringing locally made products to his store, especially items not commonly found in chains.

Meanwhile, Martin has opened her store to brisk business in Cashiers.

“It’s a very happy place,” said Martin. “When you walk through that door, everybody’s got a smile on their face.”

Woof Gang features dog-friendly concrete floors and a crystal chandelier over a table chock-full of treats.

Customers of all kinds have paid a visit even if they didn’t own a dog. In Martin’s experience, though, North Carolina is very much a dog state.

“I’ve quit asking customers, ‘Do you have a dog,’” said Martin. “I now ask them ‘How many do you have?’”

One recent customer had a whopping eleven of them, Martin said.

Poll shows majority in Jackson tired of trekking to town for beer

Though many Jackson County residents shy away from publicly airing their views on alcohol, a recent poll shows that a comfortable majority of voters support alcohol sales countywide.

Whether you’re a college student in Cullowhee or socialite in Cashiers, stocking up on beer, wine and spirits requires a trip into town. But a WCU Public Policy Institute/Smoky Mountain News poll shows 56 percent of voters in Jackson County support alcohol sales everywhere in the county, not just in Sylva and Dillsboro, compared to 39 percent who would be opposed.

This particular question polarized respondents more strongly than any other issue on the poll, which was conducted by the Public Policy Polling in Raleigh, one of the Southeast’s most respected polling companies. Only 5 percent of those polled were undecided. Most questions saw undecided numbers of around 20 percent.

The poll questioned nearly 600 registered Jackson County voters.

“It’s fascinating that so few people are unsure,” said Christopher Cooper, director of the Public Policy Institute at WCU. “It seems like the kind of issue, if it’s ever on the ballot, that would lead to a high voter turnout.”

The alcohol question sticks out in a poll where most of the questions address trust in government. Clay County — one of the region’s smallest and most rural — recently voted to allow alcohol sales countywide, so it seems to be an emerging issue in Western North Carolina, Cooper said.

Though the area has traditionally been conservative on alcohol sales, a lingering recession may have created more favor for the potential boost in tax revenues that widespread alcohol sales promise.

Jackson County Commissioner Tom Massie, however, doesn’t see the issue as pressing.

“I don’t have a whole lot of people stopping me in the grocery store, on the streets or calling me saying ‘We need alcohol sales,’” said Massie. “It’s not one of those things on my radar screen.”

Massie doesn’t see a trend toward acceptance in Western North Carolina, either. Clay County seems to be more the exception than the rule in the region, according to Massie.

“That’s got a whole lot more to do with tradition and deep-seated beliefs held by the populace,” said Massie.

Though Jackson County Commissioner Mark Jones said there is actually more acceptance of alcohol in general, the primary motivating factor for legalizing alcohol sales countywide is most likely financial at this point.

“It is a revenue-generator at a time when sales are down and economies are tough,” said Jones.

WCU sees opportunity

According to Cooper, the biggest supporters of countywide sales were men, liberals, the more educated and the young.

Those who face a long drive to get a six-pack of beer or a few bottles of wine resoundingly said “yes” to countywide alcohol sales as well. About 68 percent of Cashiers residents clamored for change in Jackson County’s alcohol policy.

Meanwhile, Sylva residents just barely supported countywide sales, with only 50 percent voting “yes.”

Though WCU Chancellor John Bardo was reluctant to comment on the results of a poll conducted by the university, he did say legalizing alcohol sales in the county would have a tangible impact on the college.

The main effect, Bardo said, would be the potential for a viable commercial environment around the university. For now, Cullowhee is short on restaurants and grocery stores, and the total ban on alcohol sales may be to blame.

“People want to be able to go out to eat,” said Bardo. “It’s part of the quality of life they’re looking for.”

Alcohol sales countywide might lead to higher tax revenues for local government, a better business environment in Cullowhee as well as a positive impact on student enrollment.

“More services make the university more attractive,” said Bardo.

Jones agreed that Cullowhee businesses would make a handsome profit if students weren’t forced to drive to Sylva to buy their alcohol.

Moreover, Jones cited the trend of more retired individuals moving to college towns for its culture and activities. Allowing alcohol sales in Cullowhee would enhance the area’s attractiveness to these potential residents, Jones said.

But Massie said the few miles drive to Sylva most likely isn’t a major problem for students at Western. He recalled the days Jackson County was completely dry, when students would make beer runs all the way to Waynesville.

“College kids, if they want beer, and it’s legal for them to get it, they’re going to get it,” said Massie.

 

Cashiers highly supportive

 

Commissioner Jones, who manages High Hampton Inn in Cashiers, constantly encounters guests who query him on the nearest place to buy alcohol.

“For convenience, I send them to Highlands [in Macon County],” said Jones. “I’m guilty as charged.”

With Highlands a lot closer than Sylva, guests and residents alike often opt for the quicker trip when they’re thirsting for beer, wine and liquor. Jones said he cannot gauge how many thousands of dollars in potential tax revenue Jackson County loses each year in the process.

Some businesses in Cashiers are allowed to sell liquor, but only if they are established as a private club. Because these venues are required to purchase alcohol only from a Jackson County store, every restocking requires a drive down the mountain to Sylva or Dillsboro.

“It would save a lot of time, gas and trouble and expense to have an ABC store [here],” Jones said.

Though Jones supports countywide alcohol sales, he said he would rather see citizens petition to put the issue on the ballot than for the commissioners to get involved.

Massie, too, said he’d like to see a vote by the people, though he did not have a strong opinion on the matter.

“I’m not a teetotaler so it doesn’t bother me one way or another,” said Massie.

Still Massie, Jones and Commissioner Brian McMahan said they are all concerned that Jackson County ranks in the top 10 in North Carolina for alcohol-related accidents.

Though towns benefit economically from alcohol sales, there’s always a price to pay. “The trade-off is what are the social problems and liabilities that come with the sale of alcohol,” said Massie.

“Any time you have alcohol sales, you’re going to have that problem,” said Jones, adding that part of the tax revenues from alcohol sales do go toward law enforcement and education.

For McMahan, having widespread alcohol sales would probably not be worth the risks. McMahan said he would neither support legalizing alcohol sales in the county nor putting the issue on the ballot.

“The present system works, and there’s no need to change it,” said McMahan.

 

Sylva not swayed

 

Cooper has two theories to explain why Sylva voters were more reluctant than others to welcome countywide sales.

Of the alcohol tax that stays locally, Sylva shares half of the tax revenue from alcohol sales with the county and keeps the other half.

Allowing alcohol sales everywhere obviously means fewer people driving into Sylva or Dillsboro to buy their beer, leading to a direct decline in the town’s revenues. Sylva voters might have taken that into account when a higher number of them opposed countywide sales.

Cooper’s other theory is that alcohol is already widely available to Sylva residents.

“If you live in Sylva, what do you care if there’s alcohol in Cashiers?” said Cooper.

Massie, who represents Sylva on the county board, has another conjecture altogether. While elected officials and town employees are well-aware of the alcohol’s impact on revenues, that’s probably not driving your average Sylva resident to vote “no.”

“Sylva has a concentration of some of the biggest churches in the county,” said Massie. “That’s what I’m thinking is the reason.”

Skyships over Cashiers? Local women track extraterrestrial activity

Eight-year-old Devon Heenan stood with her arm extended in the parking lot of the Ingles in Cashiers. With her cell phone camera, she and a friend were taking pictures of the summer sun in hopes of seeing a sky ship or UFO like her mother Glynis Heenan.

The night before Glynis Heenan saw a bright light in her backyard. She thought it was the moon and stepped outside to have a better look. Instead, she said she saw a circular sky ship with radiating rainbow colored lights.

“The first thing you do is feel afraid,” Heenan said. “It’s amazing how afraid you can be of what you don’t know.”

But Devon Heenan wasn’t afraid. She turned her head from the sun and snapped another picture. When she looked at the screen, she saw the outline of a ship in front of the sun.

The picture Devon Heenan captured finally pushed Mary Joyce and Evelyn Gordon to create a forum where people from across Western North Carolina could report similar sightings and information.

“That’s the picture that started the whole thing,” Joyce said.

In 2008, Joyce and Gordon launched www.skyshipsovercashiers.com. Since then, the website has gained international attention and got the duo a speaking engagement in Laughlin, Nev., at the 2010 International UFO Congress, the largest UFO conference in the world.

In front of an audience of more than 900, Joyce and Gordon presented a log of UFO and spiritual sightings in Western North Carolina.

At 6:30 p.m. on Tuesday, July 13, the women, along with eyewitness Glynis Heenan, will share their conference presentation and answer questions at the Jackson County Senior Center, 100 County Services Park in Sylva.

“This isn’t about us,” Gordon said. “It’s about helping the world.”

Seeing UFOs is commonplace for the women. Gordon claims she receives telepathic messages from them, which Joyce then transcribes. The two have delivered letters to presidents and foreign dignitaries.

Although most of the messages are personal – secrets only known by Joyce, Gordon and the recipients – Gordon and Joyce will share portions of the more generic messages with audiences.

The three women also will tell of spiritual sightings in the area such as 30-foot hologram of Jesus and a man with the face of Jesus wearing a maroon space suit.

Military actions, missile silos and nuclear power plants attract alien activity, the women say.

According to Joyce, what may draw the aliens to Western North Carolina in particular is a secret underground facility at Balsam Mountain.

The facility goes six stories deep into the earth and has electromagnetic equipment that can erase memories, the women posted on their website.

“We’re seeing a lot of activity in North Carolina period,” Gordon said.

Gordon and Joyce have known each other since the 1980s when a mutual acquaintance suggested they meet. The two have been a team since, and Joyce has written books Gordon has helped promote. They moved to Western North Carolina 12 years ago from Florida.

Joyce lived within eyesight of Kennedy Space Center, and every time a rocket launched, her Cocoa Beach apartment would vibrate. She’d see UFOs guiding the rockets through the upper atmosphere and into space, she said.

Joyce said an unnamed NASA insider she knew said all astronauts who’ve been to space have seen UFOs. The group’s website includes testimonies from law enforcement officers, a security watchman, a man who was in the Navy, among others.

For more information, visit www.skyshipsovercashiers.com.


Hear it firsthand

“Sky Ships and Cosmic Spirituality” will take place 6:30 p.m. Tuesday, July 13, at the Jackson County Senior Center, 100 County Services Park, Sylva.

Civil suit targeting Jackson sheriff fails

“The only reasonable verdict here is for Sheriff Ashe,” Patrick Flanagan told the jury. “He did not commit any wrongdoing here.”

The eight-person jury in the Bryson City federal courtroom agreed, taking slightly less than an hour to clear Jackson County Sheriff Jimmy Ashe on five complaints that alleged he used his position and influence to interfere with the business operations and free speech of David Finn, owner of Blue Ridge Public Safety. Blue Ridge Public Safety is a private security force hired by upscale developments in the greater Cashiers area to patrol their communities.

The case pitted two of Jackson County’s leading law enforcement officers against one another in the federal district courtroom of U.S. District Judge Martin Reidinger.

Finn’s lawyer, Frank Contrivo Jr., spent three days calling witnesses, reviewing subpoenaed phone records, and otherwise building the case against Sheriff Ashe.

Ashe’s lawyer, Patrick Flanagan took only a few hours to offer a defense.

His message was simple: The only evidence that Ashe had interfered with Finn’s contracts was circumstantial, and Ashe’s own testimony that he had not used his office to put Finn under duress was credible.

Finn first sued Ashe in 2007, accusing the sheriff of using his position to scuttle the sale of Blue Ridge Public Safety to an Asheville buyer named John Hale.

The complaints alleged that Ashe, working in concert with a lawyer for an influential group of Cashiers-area residents, inappropriately shared information that led to a slew of investigations into Finn’s business, which holds security and patrol contracts worth more than $1 million.

The day before Flanagan called his defense witnesses, Contrivo withdrew the leading claim driving the case thus far –– that Ashe had actively participated in ruining the sale of Blue Ridge Public Safety to John Hale for $1.5 million.

With that claim off the table, the case came down to whether Ashe interfered with six existing Blue Ridge Public Safety contracts and on whether he infringed on Finn’s First Amendment right to free speech.

According to Finn, Ashe was motivated to disrupt the business of Blue Ridge Public Safety because of a disagreement between the two men over proposed legislation that would have given company police broader powers, including jurisdiction on U.S. highways adjacent to the communities they patrol.

An important component of Contrivo’s case for Finn was the extent to which Ashe communicated with Cary-based Lawyer Mark Seifert and his clients. Seifert created and represented two groups: the Committee of Sapphire Homeowners and the Sapphire Association of Concerned Citizens Committee.

Seifert testified that he was hired by Cashiers property owners in 2006 to investigate Finn and that his goal was to put Blue Ridge Public Safety out of business.

Contrivo alleged that Ashe and Seifert “were singing a duet” as they worked in concert to manufacture claims against Blue Ridge Public Safety that hurt the business and ruined contracts. He showed through phone records that Ashe and Finn had had extensive contact with one another –– nearly 150 calls amounting to 30 hours of conversations.

“What we’ve seen in the past three days is a snapshot of the nightmare experienced by Mr. Finn’s business,” Contrivo told the jury in his closing argument.

Flanagan, who served as a captain in the U.S. Army JAG Corps, presented an argument that was repetitive, process oriented and clinical. He focused on the fact that not one witness testified to Ashe’s direct participation with Seifert or even to the fact that Ashe had spoken ill of Blue Ridge Public Safety.

“What we didn’t hear at all –– there was no evidence, no testimony –– was that the sheriff has ever made a derogatory comment about Mr. Finn or his company,” Flanagan said.

In contrast, Contrivo at times raised his voice to cajole the jury and at other times spoke in a barely audible whisper to contribute to the gravity of the moment. He tried to paint a picture of Ashe as an expert at behind the scenes deal-making who managed to get away with a crime by staying at arm’s length from it.

“We hear about a man who was turf conscious, jealous of his power, and jealous of what he perceived as a threat to his power,” Contrivo said, pointing at Ashe.

Contrivo asked the jury for $200,000 worth of damages to cover Finn’s lost contracts and legal fees. The jury wasn’t convinced. They cleared Ashe on each charge and entered zeroes in the spaces on the verdict sheet that asked for award amounts.

After the trial, Ashe said the verdict upheld his faith in the system.

“This has been a long process that needlessly burdened the taxpayers of our community,” Ashe said. “The quick verdict of the jury attests to what we have asserted from the beginning of the matter.”

Ashe also indirectly expressed his dismay that he had spent so much time over the past two years embroiled in the civil suit.

“There is no business more important than the people’s business, and I am proud of the confidence that the good people of Western North Carolina have shown in me and our deputies,” Ashe said. “I look forward to many more years of public service, and it’s time to get back on task.”

Neither Finn nor Contrivo responded to requests from comment on the case after the trial, so it is not clear whether they plan to appeal the verdict.

Flanagan said a potential appeal could take two forms. In the first scenario, Contrivo could make a motion to Judge Reidinger to set aside the jury’s verdict in his final judgment, which will be entered in the next few weeks.

A second approach would be for Contrivo to file an appeal with the Fourth Circuit Court of Appeals in Richmond, Va. within 30 days of the final judgment being entered.

Affordable housing on the plateau

Each weekend, Carol Austin figures out what meals her family is going to eat during the upcoming workweek. She shops for groceries and fills her vehicle’s gasoline tank before Monday morning.

Service providers: As housing costs escalate, regional hospitality businesses look for ways to cushion the blow for the working class

When the well heeled are in need of a pampered retreat in Western North Carolina, they often look toward the Old Edwards Inn and Spa in Highlands.

Smokey Mountain News Logo
SUPPORT THE SMOKY MOUNTAIN NEWS AND
INDEPENDENT, AWARD-WINNING JOURNALISM
Go to top
Payment Information

/

At our inception 20 years ago, we chose to be different. Unlike other news organizations, we made the decision to provide in-depth, regional reporting free to anyone who wanted access to it. We don’t plan to change that model. Support from our readers will help us maintain and strengthen the editorial independence that is crucial to our mission to help make Western North Carolina a better place to call home. If you are able, please support The Smoky Mountain News.

The Smoky Mountain News is a wholly private corporation. Reader contributions support the journalistic mission of SMN to remain independent. Your support of SMN does not constitute a charitable donation. If you have a question about contributing to SMN, please contact us.