Swain County Manager Kevin King misinformed the audience at a public hearing last week when he told them the county is not locked into a location for a new jail and sheriff’s office when it submits a $10.3 million loan application, according to a federal loan officer’s description of the process.

The county’s loan application names a site for the new jail — a tract across from Ingles grocery store in a mixed commercial and residential district near downtown Bryson City. The location has generated opposition due to its proximity to neighborhoods and the lost economic development potential by using up a prime commercial site.

King told three opponents who attended the public hearing that just because the county named the site in the loan application, it wasn’t a done deal. He said the county commissioners would formally decide on a site later and could change it in the application if they wanted to.

However, a loan officer with the USDA Rural Development Center said the county cannot go back and pick another site after applying for the loan.

“I’ve never had anybody do that. That is considered a change in scope and very often when there is a change in scope, we have to essentially start back over,” said Pam Hysong, who is processing the county’s loan.

The application is sent to numerous state and federal agencies — such as the Army Corp of Engineers, U.S. Fish and Wildlife, the N.C. Department of Natural Resources, State Historic Preservation Office. They evaluate the site for endangered species, wetlands, soil types, archaeological remains, flood classification, site specific erosion plan, and sundry other requirements for a government loan.

Hysong said the loan is very site specific. In addition, the county will have to take out a property option on the site before the loan is approved.

“We typically don’t have people change sites after a loan is approved,” Hysong said. “There may be a misunderstanding on their part.”

The hearing

When King opened the public hearing, he told the small audience that the purpose of the meeting was “to see if there are any questions or comments regarding the application.”

King then gave a brief synopsis of the $10.3 million project: a 144 bed jail, a sheriff’s office and 911 dispatch center. Three residents who planned on speaking against the proposed site were confused about what to do next, as King said the hearing was only on the funding for the project. Someone finally spoke up.

“Is location inherent in any of this?” asked Carter Petty, a parent at Mountain Discovery Charter School, which is near the proposed site.

“No, this is not on location,” King said. King said the hearing was solely on the loan application.

When the audience asked to see a copy of the application, they realized a site was named in the application and included preliminary site data.

“It seems like you have done a pretty thorough study on the site,” Petty said, flipping through the application.

“It is not necessarily the site the county will chose,” King replied.

“But it’s the way the county wants to go,” countered Ann Allman, an audience member opposed to the site.

King said they had to put something down in order to file the application or the county would miss the deadline and would have to wait until next year.

“So if tonight is just about whether we need a new jail, when is the one on where we will put the new jail?” Petty asked.

“That will come later down the road,” King said. King said the county wouldn’t know until December whether they get the loan. Hysong said the loans will actually be decided by September 30, the end of the federal fiscal year.

In a phone interview, King clarified that what he meant was the county can change the location later, but if they do, they won’t get the loan, which means they miss the deadline anyway.

The county must submit minutes from the public hearing along with the loan application. But since residents were told location would be addressed later, comments were minimum. The county normally tape records meetings, but the tape player was broken the night of the hearing.