New courthouse remains a controversy
County has paid Swanson almost $1.2 million for land, sitework and mowing
By Dwight Otwell Editor

The idea of moving the Cherokee County Courthouse next to the new jail is a question up for debate among county officials.

Roger Swanson, who sold over 20 acres to the county on Pleasant Valley Road, contends that the county agreed to build a courthouse on the property after the jail is completed. The jail is slated to be ready for occupancy in 2008.

Swanson appeared before the county commissioners at the July 2 meeting and told them that the written agreement was on the deed for the property when he sold the land to the county three years ago.

County Manager David Badger said it might be best if the courthouse were located in town. Several options can be considered. One is keeping the courthouse in the middle of town and expanding and renovating it. That would be expensive, but building a new courthouse next to the new jail would also be costly.

"We need more office and court space," Badger said.

Cherokee County Commission Chairman Jonathan Dickey said he would like to have a public opinion poll on the subject.

"We could have polls and public hearings," Dickey said.

Dickey noted that it is often cheaper to build up than to build out.

"It would be nice to have everything out of one roof," Dickey said. "I'm sure we can find an agreeable solution."

Cherokee County Clerk of Court Gerald Breedlove said the county is responsible for providing court facilities and in turn, the Clerk of Court's office provides $16 out of every court cost for the county. All forfeited bonds and fines are turned over to the county and those funds are turned over to the school system, Breedlove said.

"Our current facilities are not adequate," Breedlove said. "We need more space for the Clerk's office and we need more courtrooms. They are outdated. Security at these older buildings isn't that good."

Cherokee County Finance Officer Bill Block said that if a courthouse is constructed at the site of the new jail, it wold eliminate much of the transporting of prisoners between the jail and courthouse that will have to be done. However, arraignments will be done via video, eliminating the need to transport prisoners in those cases.

One avenue of savings if the courthouse were moved to Pleasant Valley Road would be that the county could eliminate some of the $57,000 it spends yearly in Murphy to rent offices and space.

The county spends $24,000 a year to rent the Davis Building, which houses probation and driver's licenses offices. The county spends $21,578 a year to rent the Collier Building for the Register of Deeds office. The county spends $1,650 a year for S&K property for storage space for records for Social Services. Another $2,820 a year in rent goes to Blake Realty for storage of Social Services records. The Sheriff's office rents an office for their investigators from Wells & West. That costs the county $4,200 a year. The county pays the Town of Andrews $2,400 a year to use the community center. The Health Department also rents space for storage of records and the Sheriff's office on occasion rents space for storage of evidence for a period of time.

Block said that by moving the courthouse, the money spent to rent the Davis and Collier Buildings would be eliminated. That amounts to $45,578.40 a year.

The county has paid Swanson and his wife Pat Swanson and Roger Swanson Construction Company $1,181,611.40 since the county purchased the property, next to Swanson's home, in 2004. The county has paid more for work on the property by Swanson than it paid for the price of the land. The breakdown is as follows: Land - $550,000; site work between July 29, 2005 and June 2, 2006 - $510,184.25; jail site work between June 9, 2006 and August 18, 2006 - $81,731.24; maintenance mowing between October 14, 2005 and June 2, 2006 - $7,681.59; transfer of barn to landfill building - $31,714.56; storage rental - $300.

A deed was filed on May 3, 2004 transferring three parcels of land from Roger and Patricia Swanson to Cherokee County. R. Scott Lindsay, who is the Cherokee County attorney, prepared the warranty deed. The first parcel of land is 14.75 acres. Swanson and wife reserved the right to maintain, repair, improve and use a pond located partially on the tract conveyed to the county. The tract was conveyed subject to power line easement and subject to a 20 foot Town of Murphy water line easement and subject to easement of what was formerly known as the Southern Railroad.

The second parcel of land was .64 acres and is a 40-foot wide access road which runs from Pleasant Valley Road to the first tract of land. The deed states that the county can go upon Swanson's remaining lands, as may be reasonably necessary, to maintain, repair and improve the road and to provide for proper drainage for the road, provided that if any damage is done to Swanson's property, it shall be repaired promptly.

The county has the option to convey a right of way and easement from the second parcel of land to the North Carolina Department of Transportation to maintain.

A third parcel conveyed was six acres. The deed ends by stating that Cherokee County agrees that the property will be used for a justice center, a criminal detention center, an office building or other government related purposes or functions.

A Deed of Correction was filed on November 17, 2006. The correction deed states that by mutual mistake the deed contained an error and the county has requested the Swansons to correct the error. The Correction Deed doesn't state who prepared it but Maria Keasler was the Notary Public who signed it.

The Correction Deed states that in the second parcel of land the primary access road for the tracts shall be to and from Regal Street until construction of a courthouse commences. Thereafter, the access road from Pleasant Valley Road may be used only as an access road for a courthouse, justice center or other county office buildings which are to be built and constructed on the property conveyed to the county.

The Deed of Correction states that the county agrees that the tracts of property will be used for a justice center, courthouse and office buildings. The deed states that the county intends to construct a courthouse upon the property after the county detention facility is completed.

The county is getting ready for the possibility of building a courthouse to connect to the new jail and sheriff's office by getting House Bill 443 passed during the current session of the North Carolina Legislature. The bill is entitled "An act authorizing Cherokee County to use the Design-Build method of construction for a Justice Center. Using this method, the county will seek to prequalify and solicit at least two design-build teams to bid on the project and shall receive at least two sealed proposals from those teams for this project. The county shall interview at least two of the design-build teams that submit proposals. The county shall award the contract to the best qualified team, taking into consideration in its selection the time of completion of the project, compliance with provisions of the law and the cost of the project.

Badger said this method eliminates the first step of the procedure, going through an architect. The county will be able to go directly to a contractor to design and build a Justice Center.

Badger said getting the bill passed doesn't mean the county is getting ready to build a Justice Center any time soon. However, the method will be ready for the future if the county decides to build a new Justice Center.