How county greenways and a contractor in alleged kickback scheme nearly got tangled

Joel Burgess | The Citizen-Times

ASHEVILLE - A contractor the federal government says engaged in a years-long kickback scheme with top Buncombe County government officials also had a connection to a public greenways project eight years ago.

County officials in 2010 tried to steer work on a greenways master plan to Boston-based CDM Smith, according to former Asheville-area private planner Don Kostelec who ultimately got the job. The attempt fell through after volunteer greenways board members pushed back, Kostelec said.

Federal indictments released Tuesday don't name the contractor who prosecutors say in exchange for government work provided county manager Wanda Greene and assistant county managers Jon Creighton and Mandy Stone with trips, tickets to sporting events and other gifts that included thousands of dollars in wine.

But public records and other information gathered by the Citizen Times showed the contractor was Joseph F. Wiseman and that one of the companies he represented in county business was CDM Smith.

The Buncombe County Board of Commissioners have confirmed Wiseman's identity and announced their plans to review all county contracts in which he's involved.

The indictments list multiple projects but it's not clear if those are all the contracts prosecutors said totaled $15 million.

It's also unclear what methods were used to ensure Wiseman's companies got the projects, though indictments note the county manager had the authority to approve some contracts and the assistant county manager had the responsibility to negotiate "contracts between the county and private contractors involving, among other things, construction, engineering and consulting services."

Wiseman is listed as living in Roswell, Georgia. He did not return a call seeking comment Thursday.

CDM was to be paid $50,000 to do the county's sustainability plan. It was not one of the deals struck by Wiseman listed in the indictments.

In tandem with the sustainability plan, the county was developing a master plan for a future greenway system.

Kostelec, a then-Asheville area resident who had a startup business involving greenway planning, was paying close attention in hopes of landing the $113,498 deal.

"I had just gotten laid off. So it was huge for me to do a project of that magnitude," he said.

But to Kostelec's dismay, county staff announced the contract would go to CDM. It was unusual for that to happen without a competitive bid process, he said, because of the amount of the contract.

"In almost all cases something of that size is put out for a request for qualifications or request for proposals," he said.

Members of the county's Trails and Greenway Commission, though, weren't happy a company specializing in large transportation, water and energy projects — but not in greenway planning — was selected, he said.

They pushed back, Kostelec said. And according to minutes from the Aug. 18, 2010 commission meeting, someone backed down.

"Buncombe County has decided the greenway plan consultation work will not be tied in with the sustainability plan," the minutes said. "(Buncombe County Parks, Greenways & Recreation Services) is to contract their own consultant/s for the planning process. Hopefully, this plan will be the guiding force for a greenway system for the next 10 to 20 years."

Lucy Crown who was then a key county staff member for greenways but who has since switched jobs to work with city government as Asheville's greenway coordinator did not return a call seeking comment.

Two members of the now defunct commission who Kostelec said voiced concern, Marcia Bromberg and Ann Babcock, said they didn't recall the details of the meetings, which happened nearly a decade ago.