record GENE R At. DELIVERY ? ? ople Of Our Communities Since 1 90 1 Officials, Residents Debate Prison Site By BILL STUDENC Editor Madison County commissioners, meeting Monday with officials from Marshall, Mars Hill and Hot Springs, got an earful when an informal gathering on a proposal to host a medium-security prison turned into a full-blown public hearing. A standing-room-only crowd jamm ed Madison County Courthouse for Monday's meeting, originally scheduled to give county and municipal officials a chance to discuss the pros and cons of locating a 300-prisoner facility in Madison Coun ty When county residents got word of the gathering, they flocked to the courthouse to speak their minds on what is fast becoming a highly con troversial issue. Among the concerns of opponents of the plan are the possible devalua SherriH AHen . . Craggy superintendent If we get it down here, we're doomed. Madison County may [ be r, but we're not foolish.' tion of property near the facility, potential prison escapes and the im pact on future industrial develop ment. Proponents of the plan say the prison would mean up to 100 new jobs and possibly $35 million a year to the local economy. They call the facility a "non-polluting industry." Adding fuel to the fire Monday was the news that the only Madiscfa land prison officials have looked at is own ed by longtime Democratic leader Zeno Ponder. It. is the same land Ponder is charged with purchasing through a conspiracy while he served on the N.C. Board of Transportation. And, further complicating the con troversy, the land was shown to state officials by real estate agent Diana Kingston, the wife of Richard Kingston, a member of Marshall Planning Board and the driving force behind efforts to bring the prison to Madison. That, many angry residents ?aid, represents a conflict of interest for Kingston. All of the controversy may be ir relevant. The General Assembly has appropriated $5.6 million to construct a new facility to replace the aging, over-crowded Craggy Prison in Woodfin. Some, including Kingston, have suggested the county try to con vince the legislature to build the prison in Madison. But, before that can happen, the General Assembly must agree to change legislation calling for the prison to be built in Buncombe Coun ty Prison officials have looked at jit-^s in Weaverville, Swannanoa, Black Mountain and Enka, but met local op position at all sites. Gov. Jim Martin has suggested putting the prison on state land in Burke County, but residents there have also opposed that suggestion. Many of those who attended Mon day's meeting voiced the same arguments that prison officials heard in Buncombe County. And, for Craggy Prison Superintendent Sher rill Allen, it was his second trip in a week to discuss the prison with Madison residents. He attended a meeting last Thursday of the Mar shall Neigh bars' Association (see related story), Allen opened Monday's meeting by telling the crowd that the state is planning to demolish Craggy and build a 100-man work release unit on the site, at a cost of $1.5 million. The replacement prison, wherever it is built, will have an annual budget of about $5 million a year, not in cluding a "mini-hospital" and a laun dry which would employ about 10 ad ditional workers, Allen said. "The local chamber of commerce figures that a dollar turns over seven times in a year," he said. "If we're looking at a $5 million budget a year, you're looking at $35 million a year to the local economy." The new prison would employ 100 workers, Allen said, although 16 workers employed at Craggy are from Madison and would probably transfer. Craggy Prison currently employs 74 workers, he said, prom' r -Contfaued an back prtge Leake, Capps Defend Payments To Madison County's Attorney By BILL STUDENC Editor Larry Leake, attorney for Madison County, has defended his receipt of at least (55,000 from county officials last year, saying that the money was for legal services rendered over the past seven years. Robert Capps, chairman of the Madison County Board of Commis sioners, also defended the county's payments to Leake as appropriate. Leake and Capps were responding to an advertisement in last week's News Record in which the the Bipar tisan Citizen's Committee For Better Government ques tioned $55,430.51 in county payments to Leake in 1966. But Leake and Capps both said that those payments werf for services rendered by Leake over a several year period. "I'm sure that the committee has also looked at the county's fiscal record for the last several years, and that they are aware that the $55,000 is for legal services rendered to the county of Madison since July 1, 1979, which is an average of $7,523.82 per year," Leake said in a letter to The News Record and the Bipartisan Citizen's Committee for Better Government. (See Leake's letter on Page 4). Leake said he has been compen sated by the county at a rate less than $20 an hour. "I seriously doubt that the Bipartisan Citizens Committee for Better Government can find another attorney who is willing to represent his or her client for an hourly rate, which inclues expenses, of less than $20 an hour," he said. Capps, although differing somewhat on the dollars, agreed with Leake. -Continued on back page Larry Leake . . .county attorney Weaverville OKs Recreation Park Plans By ANNE K1TCHELL Staff Writer The Weaverville Board of Alder man has agreed to apply for a Land and Water Conservation Fund grant for a new recreation park to be built on the property in the middle of town. During a public hearing Monday, the board heard a proposal from Weaverville Town Manager Charles Home and Land-of-Sky Regional Council Advisor Jane Miller. The two officials said that Weaver ville has a good chance of obtaining the funds necessary to begin con struction of the park. Home said the proposed project would initially consist of two tennis courts and two basketball courts. That first phase of the project carries a price tag of $151,763.44, Home said. The proposal calls for three phases of development, with the most expen sive phase to be taken care of first, said Home. That first phase will in clude grading of property, construc tion of culverts and laying of water and sewer lines, in addition to the recreational facilities. Later phases call for the construc tion of additional tennis and basket ball courts, as funds become available. The property the town is looking at for the recreation park consists of nearly 11 acres located across frum the Weaverville Town Hall. The pro posal calls for development of 8.5 acres, with room for expansion if funds are available. The board has until March 13 to ap ply for the federally funded Land and Water Conservation grant, which must also be matched by the town, Home said. "I believe your chances are as good as anyone elses," Miller told the board Monday night. "There is only 9400,000 available statewide in the Land and Water Conservation Fund, but you have a good chance at getting your grant because this will be a new park." Weaverville officials say the park would fill a void in recreational op portunities in the town. "We really don't have enough recreational facilities in town," Home said. "This park will enhance the quality of life for Weaverville residents." According to Home, the town pur chased the land at nominal cost some time ago and has been working with the Land -of -Sky Regional Council to ??cure grant money for the project. The town has appropriated matching funds, if the money is granted. No Action Taken On County Audit Report By BILL 8TUDENC Editor More than ? month after hearing an auditor list seversl "improperly documented financial transaction*" uncovered during an audit of last year's county financial records. Madison County officials here yet to take any action ?o the report. Robert Cappa, chairman of the Madison County Board of Commis sioners, said the commissioners have simply not had Urn* to talk about what action - if any - to take concer ning the audit report. ^ counting firm Gregg * Lasher, P A , told the commissioners Jan. II that he had found many cUacrepandea in the county's financial record books. Gregg's report of county finances from Dec 1, IMS, to Nov so, 1986, raised several questions about the financial practices of the former Madison County Board of Commis sioners and its wiplaypes. According to the report, there was "a significant increase" in county payments to former commissioner# and their employees is the months following last May's primary former commissioners James A Ledford, Brvin Adams and Virginia And?r*on (ailed to win the Democratic Party's nomination in May, a defeat which left them "lame ducks" until a new slate of commis sioners was elected. It waa during that period that many, of the alleged financial discrepancies tnrJr plftce. After hearing Gregg's report last; month, the current commissioners were cautious in their response say^ ing they wanted time to ckaely ex amine the report. "I want to hx* over this thing and see if thett things have been done. All we've got is an audit report. I want to wait until we can get together and look at it more thoroughly," Capps ?aid last month. "If there has been anything done wrong, we'll turn it over to the District Attorney,'' he said. District Attorney J. Thomas Rusher of the Mth Judicial District said he has not receive! an\ informa 'ion or requests from the Madison "Jp'0 rontact Wie the fwtlmrf on Page 3 \ Richard Kingston, who first suggested that a new prison be built in Madison, came under fire Monday when residents learned his wife, a BILL STUDENC PHOTOS real estate agent, had shown property to state prison officials. Craggy Superintendent Answers Local Questions By ANNE KITCHELL Staff Writer Area residents are glaring up for what could become on* of the most heated debates in the history of Madison County. A group of area residents met la$t Thursday to hear both fides of a piv* posal to relocate Craggy Prison in Madison County at a question-and answer session with Sherrill Allen, superintendent of the Woodfin prison. The meeting, sponsored by the Marshall Neighbors' Association at the Madison County Public Library, turned out to be the first of two meetings this past week on the con troversial prison issue. (See related story)!* r^. Association spokesman Ed Fender said there is currently no legislation citing Madison County as a prospec tive location for the prison, and if residents want it they will have to lob by in Raleigh. Legislation calling for the replace ment of Craggy says the new prison must be built in Buncombe County. ?Continued on back page Hot Springs Police Chief Wins Federal Lawsuit By BILL STUDENC Editor A U.S. District Court jury ruled in favor last week of Hot Springs Police Chief John Barrett in a $45,000 lawsuit filed by an Asheville man claiming Barrett used excessive force when arresting him last year. The jury deliberated for 20 minutes last Wednesday before finding that Barrett did not exceed his lawful authority on March 12, 1986, when ar resting Christopher Scott Daniels, formerly of Weaverville. Daniels had filed a civil lawsuit in Asheville in September, charging that Barrett used unreasonable and life-threatening force when he shot out the front tire of Daniels' Jeep, causing it to crash down a 10-foot em bankment. Daniels was injured in the incident, and his Jeep CJ-5 damaged. Daniels charged that Barrett shot at bim without justification when Daniels was attempting to turn around on U.S. 25-70 outside the Hot Springs town limits. Barrett's actions constituted Ciult and battery, assault with a dly weapon, intentional infliction of emotional distress, and gross negligence, the lawsuit alleged. Barrett, in answer to the lawsuit, denied using unreasonable force when arresting Daniels for allegedly driving under the influence of alcohol and reckless driving. Daniels was ar rested after being seen driving 60 mph in a 90 mph zone, according to Barrett individually and as police chief of the town of Hot Springs as defendant. Also named as defendants were the Hot Springs Police Depart ment and Madison County. Daniels charged that Madison County was liable for the Hot Springs Police Department and the employ ment, training, selection, policies and procedures of its officers But U.S. District Court Judge David Sentelle last Tuesday approv ed a motion for summary judgement and dismissed the Hot Springs Police Department and Madison County as defendants. That left only Barrett -- individual ly and as police chief - to go to trial last Wednesday. The case went to the jury after some six hours of testimony, and the jury returned with its verdict 20 minutes later. Daniels had been seeking a total in excess of $45,000 in the lawsuit - $10,000 in compensatory damages 110,000 in punitive damages. $25,000 in punitive damages, attorney fees, court costs fend whatever other The lawsuit changed that Barrett had given no warning before shooting at Daniels' vehicle and that Daniels did not use any force or try to escape arreat

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