From
savior in 1997 to albatross in 2002, Dean Moses, Thermal Products
and a series of successor corporations stuck their claws into Haywood
Countys best industrial site and held on through a series of
legal and financial maneuvers that may finally come to an end in a
bankruptcy court.
This week, perhaps, a judge will allow a Haywood County group to purchase
the building. A nonprofit economic development corporation, with two
$650,000 grants from Haywood County and the town of Waynesville, will
try to convince the bankruptcy court to wrest possession of the building
away from the group that even now cant account for up to $1.3
million it has received from various investors and renters over the
last several years. If the bid is accepted, a relationship borne out
of the intense desire by Haywood County officials to promote economic
development will finally end.
Through court documents, letters from various creditors and investors,
and newspaper articles, one can trace the tangled history of Moses
and his business associates. What emerges is a picture of a group
that — with next to no cash — was able to take control
of an industrial complex of more than 500,000 square feet and valued
at up to $26 million. Once they had it, they used it to try and get
millions in loans and grants. What money they received was never invested
in the building or used to create jobs. In fact, where that money
has gone is still in question.
The savior comes calling
Moses and his cohorts were hailed by Haywood County officials in
October 1997 when plans were announced for the purchase of the old
Dayco building and the creation of up to 500 jobs. It was almost
a year since the rubber products firm had shut down and a community
that had long relied on steady manufacturing employment was left
reeling from the loss of 700 jobs.
In came Moses, and though his past was shady, many local officials
held out hope the group might indeed make good on a promise to build
tankless hot water heaters at the old Dayco building. After all,
Moses claimed to have orders for up to $1.3 billion worth of the
heaters, said a revolutionary patent was pending, and promised production
would begin as early as January 1998.
But reporters began turning up a checkered history at the same time
the companys financial picture began to cloud. An October
1997 Knoxville News-Sentinel article detailed how at least two previous
tankless hot water heater ventures by Moses in Tennessee had failed
to materialize, and several economic development officials there
were questioning the groups viability. Articles from that
same newspaper revealed that creditors in Tennessee were trying
to get paid for various debts incurred by the company.
The unraveling begins
Back in Haywood County, the groups fortunes began to unravel
quickly. The first deal to purchase the building — using the
Haywood Advancement Foundation as a go between (the same group who
now is trying to get the building now) — fell through in December
1997. The group then secured a $75,000 loan from Clyde Savings Bank
in March 1998, which it used to secure the deed on the building
from Daycos parent company, Mark IV. The remainder of the
$2.5 million would be paid, supposedly, when production started.
So for the price of the monthly payment on a $75,000 loan, Moses
and Thermal Products acquired the huge Dayco complex.
But even with the building, Moses and Thermal Products needed money
to start productions. They were seeking $10 million in grants from
a government entity that would be tax exempt. But the Local Government
Commission said the companys financial data was incomplete.
The county subsequently did not enter into an agreement to obtain
the bonds. Waynesville and Clyde turned down similar requests by
Thermal Products to act as the tax-exempt entity for the bonds.
In September 1998, Thermal Products transferred the property to
Enterprize Park, and now Moses and others touted a plan to turn
the property into a retail outlet mall.
Nothing materialized, however, and by January 1999 a growing debt
burden prompted foreclosure proceedings. Clyde Savings Bank had
not been paid any principal or interest on its $75,000 note; about
$100,000 in county and town taxes had not been paid; and sheriff
Tom Alexander was helping a furniture company remove desks and office
furniture for nonpayment.
In December 1999, Enterprize Park was able to secure a $700,000
loan from CHW, a limited liability company located in Lexington,
N.C. The company also was able to get a $200,000 investment from
an individual now being represented by Asheville attorneys. Also,
it was collecting rent from Lea Industries for warehouse space.
All told, officials say the company was able to raise about $1.3
million.
Despite raising the money, nothing ever happened at the facility.
Then, in July 2000, Grand Ridge Corp. was formed. Assets from Enterprize
Park were transferred to it. Still nothing happened, and CHW began
trying to collect payments at the same time Haywood County was working
to collect tax payments that today total $126,000.
Foreclosure began in earnest in August 2001, but Grand Ridge was
able to stall for several months. In March a new corporation known
as Landmark, which has some of the same officers as Thermal Products,
Enterprize Park and Grand Ridge, offered $2.5 million for the plant.
Haywood tries again
Now Haywood officials made their bid of $1.3 million. They hope
to convince the bankruptcy judge that they can turn the building
into an economic opportunity for Haywood County — and that
they have real money and a real plan for the building.
If the Haywood offer is approved during the proceedings on April
17, economic development officials plan to tear down most of the
property and sell warehouse space. Mark IV, the parent company of
Dayco, would retain liability for any environmental problems that
may be found when demolition begins.
I think we can make a strong case that we deserve the building
and can do something with it, said Jay Henson, the countys
economic development director.
Plans are to sell a portion of the building to Griffith Rubber —
which presently manufactures rubber at the facility — for
around $800,000. The warehouses would sell for approximately $2
million. That would provide a total of just over $4 million.
CHW would get about $1 million and other creditors about $1 million.
The other $2 million would demolish existing buildings and there
would some money left for marketing the building.