Attorneys in the state’s seven westernmost counties sent a message to the governor this week that they don’t want a temporary fill-in as judge before the November election.

The retirement of longtime District Court Judge Danny Davis would typically trigger an appointment. But with a contested election for the judge’s seat just three months away, members of the N.C. Bar Association didn’t recommend anyone for the post.

Fifty-five of the 242 bar association members gathered Monday night at the Swain County Administration Building to vote on potential nominees. None of the lawyers, however, submitted their names as potential candidates, said Elizabeth Brigham, a Bryson City-based lawyer who serves as the bar’s current president.

Rather than using secret written ballots to select their top three candidates for Gov. Bev Perdue to review, bar members instead voted by a show of hands to accept a motion they make no recommendation.

“We really didn’t see any point in filling the vacancy for such a short amount of time,” Brigham said. “It didn’t make any sense.”

Davis, who served as judge for 26 years, stepped down July 31. Steve Ellis and Roy Wijewickrama, both Waynesville residents, are vying to fill the post in the nonpartisan race.

Perdue has the final say-so on whether there will be an interim judge named. Even if bar members had recommended candidates, the governor could have selected someone else not on their list. The timing is tight, however. It seems unlikely that Perdue could — even if she wanted to — find a lawyer willing to shut down their legal practice for the short time the post would remain unfilled.

Neither Ellis nor Wijewickrama wanted a nominee. They had both asked fellow bar members to leave the seat vacant until the November elections.

Brigham plans to send the results of the bar vote to Perdue this week. If the governor, as expected, doesn’t name a stand-in, Davis will continue to fill the vacancy as needed in the capacity of “emergency” judge.

An elderly man was swindled out of $5,500 by a Department of Social Services employee in Swain County, according to an investigation by the Bryson City police department.

As nursing home bills for his wife mounted, the man had sought help from DSS worker Nicole Warren in hopes of qualifying for Medicaid.

Warren has been charged with three counts of obtaining property under false pretenses and one count of felony conversion, or theft, by the Bryson City Police

Warren had told the man — who wants to stay anonymous and whom authorities refused to name — that he and his wife had too much money in the bank to qualify.

It isn’t uncommon to ask Medicaid applicants with too much money to “spend down” their assets on valid household expenses before they can qualify. In this case, however, Warren proposed some rather unorthodox solutions.

According to Bryson City Det. Sgt. Diane Wike, Warren first asked the man to give her a $3,000 loan. He felt pressured to relent.

“He felt like if he didn’t give her the loan, he might not get the Medicaid for the wife,” said Wike.

Later, Warren asked him to “spend down” a further $2,500. While he proposed making a donation to St. Jude hospital, Warren suggested an alternative charity: the N.C. Social Services Association. She told him to make out a check and she would make sure the organization got it. Instead, Warren tried unsuccessfully to cash it herself, an attempt that was caught on bank surveillance.

Warren went back to the man, insisting that he make the donation in cash instead, according to police reports. The elderly man eventually conceded but demanded a receipt. Warren wrote a handwritten receipt in which she scribbled her name illegibly.

He then asked for an affirmation on letterhead, which Warren wrote using the official DSS letterhead.

“She didn’t sign her name to that one,” said Wike.

Warren also asked for the man to transfer property deeds to her name, but he refused.

The man reported Warren to DSS in late May, and the attorney for DSS in turn reported it to the Bryson City Police Department in mid-June.

Wike said Warren confessed almost instantly.

“Her explanation was that she got in a bind and needed money,” said Wike. “She had a clean record. She’s never been charged with anything.”“

Tammy Cagle, the Swain County DSS director, did not return calls, and Justin Greene, the attorney for Swain County DSS, said that he could not comment on any “ongoing personnel issues or certain issues involving law enforcement.”

Abuse of the elderly

This particular case undoubtedly qualifies as elder abuse, according to Kim Gardner, elder abuse program coordinator for the 30th Judicial District Domestic Violence-Sexual Assault Alliance.

“It’s financial exploitation,” said Gardner. “She used her power and influence to obtain $5,500 from this man fraudulently.”

Gardner suspected the Bryson City Police did not include specific elder abuse charges in Warren’s indictments because its penalties are less severe. There is no mandatory jail time though probation can be given.

“That’s probably why they went with the stronger charges,” said Gardner, adding that she’d like to see the charges changed. “We need more teeth in the elder abuse laws.”

To qualify as elder abuse, the victim must be over 60. Though Gardner warned the elderly to be cautious with their money, she doesn’t think they should be afraid to ask for assistance at DSS.

“I know a lot of people have negative thoughts about DSS from time to time,” said Gardner. “[But this is] an unusual occurrence. They’re there to help people.”

Mike Marsden had long thought the 1,200-square-foot warehouse adjacent to Across the Trax, the bar he owns in Bryson City, would be perfect for a brewery.

While enjoying a drink at another local establishment, a bartender friend introduced him to a couple sitting at the other end of the bar. It was Chris and Christina Collier, award-winning home brewers who had long dreamt of someday opening their own brewery.

By the end of the night, the three were excitedly sketching out details on a cocktail napkin. With Joe Rowland and Ken Smith signing up as partners along the way, the Nantahala Brewery has finally opened its doors for business a year later.

At this point, the brewery is serving up five varieties of beer. The Colliers — who are nationally certified beer judges — say their aim is not so much to appeal to a mass audience as to please the “beer geeks.”

The company is offering the Nantahala Pale Ale and the Eddy Out Stout, but its two most popular brews so far have been the Bryson City Brown, a smooth brown ale, and the Noon Day IPA, which carries a heavy West Coast influence and a hoppy, grapefruit-inspired taste.

This summer, the Nantahala Brewery is also brewing batches of Depot Street Summer Wheat, a spicy German hefeweizen with hints of cloves and bananas. Nantahala Light, a crisp and easy German pilsner, is on the way.

The brewery is already selling its offerings at an increasing number of restaurants and bars in Bryson City, Sylva, Waynesville, Asheville and Murphy, along with a few grocery stores and at the Nantahala Outdoor Center.

Rowland says his company is hoping to churn out 600 to 1,000 barrels of beer this year, even though its equipment can produce a much higher output. Chris Collier says he’d like to see the Nantahala Brewery maintain a personal touch rather than become large-scale.

“It appeals to me keeping it small, keeping it simple,” said Chris Collier.

According to Marsden, Nantahala’s craft beers thus far have gotten a great response at Across the Trax. More visitors are looking for local brews, and Asheville’s status as a nationally recognized beer town hasn’t hurt.

“The biggest thing about it is it’s fresh,” said Marsden. Many breweries produce quality beer, but by the time it’s delivered, it’s already a few months old. Nantahala’s brews, on the other hand, arrive less than two weeks after they’re ready, Marsden said.

Those who enjoy sampling the fresh local beer at Across the Trax are often invited to see where the magic happens next door. It’s not often that people can get that close to their brewers, but Christina Collier would like to see that change.

“I think every town should have a local brewery,” said Christina Collier. “It should be like a local bakery.”

Right now, Nantahala Brewing Company gets most of its hops from the Pacific Northwest. It hopes to gradually get more from Western North Carolina to use late in the process, which helps create a stronger aroma in the beer.

The Nantahala Brewery’s tasting room is in the process of being set up, but the space is generally open to anyone who wants a tour.

Though the fledgling company has worked hard to renovate its warehouse space, most customers don’t immediately recognize the progress that’s been made when they walk in. They only see a gaping space with brewing equipment and nowhere to sit.

But even getting that huge equipment up and running was a challenge for the newcomers.

“This was just a shell before,” said Christina Collier, who spent a chilly winter helping paint the 30-foot walls inside an inviting blue.

By the time the tasting room is set up and retailers move into adjacent spaces within the warehouse, though, Nantahala Brewery hopes to become a popular destination in Bryson City.

According to Christina Collier, other breweries in the area probably won’t mind the competition. There’s more cooperation than competition among brewers, she said.

“Everybody wants everybody else to succeed,” said Christina Collier. “It looks bad for small-town microbreweries to fail.”

Want to try?

Check out http://nantahalabrewing.wordpress.com/where-to-buy to find out where you can sip some of Nantahala Brewing Company’s offerings. The brewery also offers growlers.

Fortunately, it was a good surprise.

Plantenberg and his bandmates in Bryson City-based Big House Radio learned they were one of four finalists in WNC Magazine’s Last Band Standing competition.

“He thought we were pulling a joke on him,” said lead guitarist Tommy Dennison.

Big House Radio wasn’t counting on getting that far after last year’s unsuccessful run in the same competition. But this time, they not only made it to the final round at The Orange Peel — they won.

“It was so surreal when they called our name,” Dennison said.

“When I walked off the stage, I floated. I didn’t walk,” said lead vocalist Jeremy Hyatt.

Thirty-two bands from the region had entered the competition, which seeks to discover the best unknown talent in the mountains. As the winner, Big House Radio gets to kick off Asheville’s Bele Chere Festival with a concert on Friday, July 23.

While the band has been pleasing crowds in hometown bars for the last two years, it now finds itself on the precipice of a new kind of success. Band members say they are ready to step out of their comfort zone and play for people who’ve never heard of them before.

“I certainly feel more energized into writing more music, playing out of this town, out of Western North Carolina,” said Hyatt.

Either way, Dennison said the band feels blessed to have so many dedicated fans who gave the band a big lift by supporting them during the contest, which is mostly decided by popular vote.

Big House Radio proved themselves to both the five judges as well as the crowd after hitting the stage at The Orange Peel, a venue that has seen some of the biggest names in rock ‘n roll play.

“With a crowd like that and the stage, you can’t help but feel like a rock star,” said Hyatt.

“I’d play shows like that every day if I had a chance to,” added Dennison.

Rock without the fuss

Big House Radio prides itself on playing plain ol’ rock without the hyphenations, though there’s a Southern tinge to their style.

According to the band, there are too many groups out there trying too hard to reinvent the wheel. “There’s a tendency to kind of hide from really kickin’ it and killing it,” said bass guitarist Jeff Redman. “They’ve got to have some angle, some tortured lyrics or perform in an odd key.”

“The world needs some good, straight rock ‘n roll,” said Hyatt.

Big House Radio’s main objective is simply for everyone of all ages to have a good time.

Most of that fun so far has taken place during live shows, but that will soon change. The band has put the final touches on their first studio album, titled “Daylight,” which will debut at Bele Chere.

The album title was inspired by the many twists and turns the band went through recording it. Throughout the winter, Big House Radio had only five days to record in the studio, and on day 2, the studio lost power.

Later, the Nashville-based producer couldn’t get to Western North Carolina after a major flood hit the city. Then, there was equipment failure at the studio. The band had no choice but to be patient, but Hyatt said the extra time probably helped the band produce a better album.

While Mother Nature seemed to throw one obstacle after another at the band, Big House Radio’s first album is now ready for release.

“Finally, we’re seeing daylight,” said Hyatt.

As for their upcoming performance at Bele Chere, the band is a bit nervous.

Drummer Joshua Mason said he usually has a hard time falling asleep before shows. This concert is so big that insomnia has hit two weeks beforehand.

“I keep waking up, thinking: I gotta remember this. I gotta remember that,” said Mason.

Catch Big House Radio at Bele Chere

Big House Radio will perform from 3:30 to 4:30 p.m. on Friday, July 23, at the Rock ‘N Kiss Stage at Coxe Ave. in Asheville. Look for Big House Radio’s first album “Daylight” on iTunes and CD Baby. Visit   www.bighouseradio.com or find them on Facebook and MySpace.

County leaders and citizens all agree that an advisory committee must be created to decide how the cash settlement is spent.

“It would be nice if you would have a committee chosen from different walks of life,” said Linda Hogue, a long-time supporter of building the road. “That’s not usually the way it happens around here. A certain few decide what’s going to happen, and that’s what happens.”

Leonard Winchester, a fierce advocate for the cash settlement, likewise said a well-chosen group should accept written suggestions then pass along recommendations to county commissioners.

“If we do that, we can really do some great things in Swain County,” said Winchester.

Commissioners Glenn Jones, David Monteith and Steve Moon all support the idea of an advisory committee as well. Commissioners Genevieve Lindsay and Phil Carson did not respond to SMN’s calls.

“A nonbinding committee would be good,” said Moon, who also suggests placing a suggestion box somewhere to take citizens’ thoughts into consideration. “We really need to get more input from the public.”

Monteith agreed that decisions should not be made unilaterally by county leaders.

“I don’t think it should be left up to five commissioners, regardless of who they are,” Monteith said.

Meanwhile, Jones would like to see a grant system put in place with a portion of the money. An advisory committee would review grant applications and make recommendations to commissioners on which projects should receive North Shore funding.

Bathrooms and pedestals

Despite a cooperative spirit regarding citizen input, the first $30,000 in interest money from the settlement has already been allocated by commissioners in their 2010-11 budget.

So far, $12.8 million of the promised $52 million settlement has been appropriated and is parked in a trust fund. Commissioners can only spend the interest — they can’t touch the principal unless approved by two-thirds of registered voters.

Since interest rates fluctuate, the county doesn’t know exactly how much it will get this year, but it has to estimate an amount and account for in the budget nonetheless.

While some confusion has arisen over how much interest will accrue by the end of this fiscal year, County Manager Kevin King maintains it will come in just less than $500,000. King said that Swain leaders have an opportunity to withdraw from the balance every month.

About $15,000 of the interest has been allocated toward building public bathrooms for Riverfront Park beside the County Administration building.

“We have political rallies, birthdays, weddings, day of prayer, different things out front,” said Jones. With no other public bathroom in sight, employees frequently have to open up the doors to the county building during weekends and holidays to allow visitors to use its restrooms.

Another $15,000 will be used to install five granite pedestals memorializing Swain County, the Eastern Band of Cherokee Indians, the Tennessee Valley Authority, the National Park Service and the North Shore story.

The pedestals would eventually be included in a historic walking tour of Bryson City.

Winchester said he personally wouldn’t choose to spend the interest on erecting monuments, but he could understand why others would support the idea.

“People put up monuments to recognize organizations and history all the time,” said Winchester. “I don’t have a problem with it.”

But Moon said there are other uses on his mind, especially with county employees struggling under the weight of furloughs and years without a raise.

“It’s been over two years right now … That’s more important than pedestals,” said Moon.

Commissioners’ wish lists

With a bountiful new revenue source in tow, Swain County residents are bound to have differing ideas on how best to spend the North Shore settlement.

Commissioner Monteith raised a stir when he recently proposed using about $4.5 million of the North Shore funds to give every property owner — except for commissioners — a one-year property tax holiday, along with a 3 percent across the board raise for county employees. It would require dipping into the principal, and to do so requires approval by two-thirds of registered voters.

Some decried the proposal as a vote-buying maneuver, but Monteith emphasized that the tax break would be instrumental in helping residents who have all been hit hard by the recession.

“That’s what I was trying to do, help people of Swain County,” said Monteith. “You can’t just pick out who you want. That’s why you have to pick them all.”

In addition, Monteith would one day like to see a museum built in Swain County that would educate visitors on the history and creation of the Great Smoky Mountains National Park. The museum would provide new jobs and attract tourists, thereby giving a boost to the local economy.

Moon’s priority is to refrain from jumping into anything major early on and simply allow the interest money accumulate for the time being.

“We don’t need to jump into something blind and commit to something that we might regret later on,” said Moon. “We need to set goals.”

However, Moon would still like to give all county employees a raise and put an end to mandatory furloughs.

“They work hard. That deserves good treatment,” said Moon.

Jones’s chief concern is to leave the principal untouched and use the interest for non-recurring expenses as opposed to regular county operation expenses, like salaries or power bills. For example, the interest money could be used to buy a fire truck one year or an ambulance the next.

What citizens want

First on Hogue’s mind is to create better access to the North Shore cemeteries isolated by Lake Fontana. Numerous family cemeteries now lie inside the national park and are accessible only by foot or four-wheel transport. A low-water bridge critical to access some cemeteries has been washed out for more than a year.

“It’s downright dangerous to go to the cemetery,” Hogue said, adding that cemeteries also need better upkeep, seating for the elderly who visit and handicapped accessibility.

That’s all that Hogue would like to see done in the short-term. “I need to see some money come in before making plans,” said Hogue.

At a minimum, the North Shore money should not be used to pay regular operating expenses for the county, according to Winchester.

Moreover, Winchester would like it acknowledged that the money belongs to all Swain County residents, not just those with ancestors from the North Shore. The entire county bore the cost of building the road that was later flooded by the government and deserves to benefit as well.

“It is an insult to Swain County to refer to this money as if somehow or another it belongs to the people of the North Shore,” said Winchester.

If the decision on how to spend the money were up to Winchester, he’d use the interest money to make high-speed Internet accessible to every Swain County resident. Ideally, a fiberoptic network would be made available to every individual and business in Swain. With a strong fiberoptic backbone already in place, Winchester says the bandwidth and infrastructure could be as competitive as those found anywhere else in the country.

High-speed Internet would allow employees to easily access work-related programs from home, doctors to quickly transmit patient files, and much more.

“That would be a major plus in terms of economic development, in terms of marketing Swain County,” said Winchester. “You always want to get the biggest bang for the buck. We need to look very seriously at the type of projects that leverage this money to get other money.”

What is the cash settlement?

Earlier this year, Swain County ended a long uphill battle over a road the federal government had promised to rebuild after flooding it to create Lake Fontana in 1943.

Swain County residents wrangled for decades over whether the county should pressure the government to rebuild the road or pursue a cash settlement in its place.

In the end, commissioners voted 4-1 to accept a $52 million settlement through installments in coming years.

At 9 years old, Italian Joseph Di Lillo lost his leg as a civilian casualty in World War II. He felt he no longer fit in at home or school. After months of self loathing, Di Lillo ran away and found purpose again playing soccer on a team comprised of handicapped children at an orphanage in Rome.

Now Di Lillo lives in Bryson City and hopes to impart the values he learned through soccer to children and young adults in the community, he said.

“He’s very interested in the kids’ welfare. He has a love for soccer, and he has a strong desire to teach that to the kids around here,” said Julie Richards, who has coached a clinic with Di Lillo. “It’s very impressive to see him out there when it’s 90 degrees, and he’s carrying that gear all over the place, especially on one leg.

Having only one leg doesn’t ever stop him, said Romano Michelotti, another coach who’s worked with Di Lillo.

“He wouldn’t quit playing soccer if he had no legs at all,” Michelotti said. “The community is fortunate to have someone like him.”

About three years ago, Di Lillo founded the Western North Carolina Youth Soccer Association. It runs spring and fall soccer clinics for 60 to 65 children. There is no registration fee, and a $1,000 grant from the Asheville Community Foundation covers the cost of shin guards and cleats. The association has also received two $500 grants from Wal-mart and Sam’s Club, he said.

But that’s not enough. The association needs a field to play on, Di Lillo said.

“I’m desperate for a field,” Di Lillo said. “I don’t know what to do. I don’t want to quit.”

Di Lillo has been told a field in Swain will cost at minimum $250,000, and he doesn’t have the money. While he could always leave the county to coach elsewhere, De Lillo wants to stay in Swain. With a high incidence of poverty, kids in Swain County have little opportunity to play soccer, which can sometimes be too expensive to afford.

But finding a field in Swain is not the biggest obstacle Di Lillo has had to overcome.

Di Lillo grew up in Italy during World War II. In his book Soccer: My Life, My Passion, he recounts the struggles and loss his family faced during the war. Nazis forced his father onto a German military truck because they thought he was a “suspicious individual.” The soldiers severely beat Di Lillo’s father and left him abandoned on a country road.

Another day when a convoy of German soldiers headed to Rome, one soldier threw a small parcel off the side of a truck. Thinking it was a can of food, Domenico, one of Di Lillo’s brothers, grabbed it. But it exploded, ripping off his thumb.

Later in the war when Di Lillo and his 5-year old brother Sebastiano headed home from school, the two found themselves in the middle of an air raid. Bombs fell on an ammunition plant near the school. As a result of the plant’s explosion, Sebastiano died from hemorrhaging two days later.

A British military truck hit another brother. At the hospital, doctors said he would die. The family wanted him to die at home so they could have control of the remains. But the hospital would not release the boy, so Di Lillo’s family lowered the boy out of the window in a bed sheet at night. He died the next day at home.

And it was during the war that Di Lillo lost his leg. In 1942 on his way home from school, a Nazi military truck ran into him, fracturing the femur in his thigh. It took seven hours for Di Lillo to receive medical attention. The doctor amputated Di Lillo’s leg to prevent complications and infection.

“At the age of nine, I found myself without a right leg and shattered by the reality of being handicapped for the rest of my life,” Di Lillo wrote. “My best and closest friends withdrew their friendship.”

Some of his relatives thought God was punishing him for poor behavior, and he was no longer able to help on the family farm.

Di Lillo’s father insisted he return to school despite his son’s embarrassment about his lost leg. Although Di Lillo once excelled in school, when he returned he began to associate with street urchins and routinely skipped class.

His uncle found out and told his father. His father beat him and tied him to a tree for two days. No one was allowed to bring him food.

When he was untied, he decided to run away from home and go to Rome. He took the Italian equivalent of $10 for a train ticket and a soccer ball. Di Lillo had never seen a game or played with the ball.

“For unexplainable reasons, holding the ball under my arm I felt I had a companion with me,” he recounted in his book.

Feeling that life had no meaning, Di Lillo wandered the streets of Rome hopeless. Di Lillo thought about jumping off a bridge and drowning in the Tiber River.

At that moment, a man approached Di Lillo and brought him to a headquarters for the Italian Communist Party. He was given a little money and became a temporary foster child before he was placed in the San Michele orphanage.

The orphanage had a soccer team of handicapped boys, and because Di Lillo couldn’t run, he played goalie. The team would play before professional soccer games, and the orphanage would get a small fraction of the ticket price.

“I saved the orphanage quite a bit of money,” Di Lillo said. “At the orphanage there were only two things to do: pray the rosary to save the orphanage or play soccer.”

When Di Lillo was 20, he could no longer stay at the orphanage. He returned home and applied for a visa to come to the United States.

He worked odd jobs and traveled before coming to Chicago where he met his wife, Concetta, at a festival called the Feast of Our Lady of Mt. Carmel. She spoke little Italian, and he barely knew English. But Di Lillo said it was love at first sight.

The couple married and moved to Iowa, where she started attending graduate school at the University of Iowa. Di Lillo, 26, started attending high school but he never received a diploma.

With the help of an Italian professor, Di Lillo began attending the University of Iowa where he coached and played soccer on the International Soccer Team. He transferred to Northern Illinois University where he completed his undergraduate degree in comprehensive social sciences.

From there, he went on to Southern Illinois University where received a scholarship to coach and play soccer and ultimately graduated with a doctorate in international relations.

“I had such a craving for education, I couldn’t stop,” he said.

After retiring from a professorship, Di Lillo moved to Bryson City in 2002 to be closer to his children and grandchildren. His daughter came to North Carolina first to attend Western Carolina University and decided to stay in the area after graduation.

Di Lillo is no an assistant coach at Swain County High School.

Ben Christoph, who graduated this year, played goalie and received two years of Di Lillo’s tutelage.

“Everything he taught me about soccer and life is summed up by his motto: ‘Give 129 and a half percent all the time,’” Christoph said. “He said, ‘Never ever give up no matter what your circumstances.’ Coming from him, it meant so much more.”

Christoph recalls Di Lillo teaching the team innovative drills and demonstrating some of them himself.

“It was beyond admirable how at his age and his condition how he’d show us the drills,” Christoph said. “It made me give a lot more than I thought I could.”

In rare good news for Swain County’s jail, a new agreement will soon usher federal prisoners into the often half-empty facility.

Sheriff Curtis Cochran has worked for months to secure an official deal with the U.S. Marshals Service, which will pave the way for the return of federal prisoners and score the county $55 per prisoner per day.

“We’re thrilled to have this agreement with the Marshal Service and look forward to working with them,” said Curtis.

For now, it’s hard to say how many federal prisoners will be filing into Swain’s jail. The new deal falls short of a contract, so the marshals aren’t obligated to send any prisoners, and the jail is not required to set aside a certain number of beds for them. Such contracts only go to jails with federal money invested.

Swain’s new $10 million jail, which opened in December 2008, is more than four times larger than what the county needs to house its own inmates. County leaders hoped to house overflow inmates from other counties, but those counties were simultaneously building new jails of their own.

The county recently learned its last and best customer, the Eastern Band of Cherokee Indians, is moving forward with plans for a jail of its own as well.

This flurry of jail building in the region has posed yet another problem for Swain — other new jails are stealing away a share of the federal prisoners up for grabs.

“Lucky for us, we had a lot of jails that were newly constructed,” said Lee Banks, supervisor of the U.S. Marshals office in Asheville. “When they came on line, we were quick to provide them with prisoners that we’ve had, Cherokee County in particular.”

Fortunately for Swain, though, a federal courthouse is located in Bryson City near the jail.

“It’s what, a mile away from where we’re at,” said Cochran. “If they’re going to utilize this courthouse, it would be more feasible for them to house their inmates here.”

Swain routinely housed federal prisoners until four years ago, when the Marshals Service pulled out due to safety concerns. The old jail was plagued by temperamental locks and lacked a fire sprinkler system. Back then, the daily rate for federal prisoners was only $30 per person.

Although the new jail opened 14 months ago, it has taken time to reconnect with the federal marshal service.

Banks said he hasn’t sent federal prisoners Swain’s way since the new jail opened more than a year ago simply because there have been less prisoners.

Swain’s jail is currently housing a lone federal prisoner, who’s been there since October.

“Now we’ve got plenty of jails on line, I have fewer prisoners,” said Banks. “I’m not complaining — it’s just that our prisoner population has been low recently.”

At this point, it’s difficult for Banks to pinpoint how many federal prisoners will soon be occupying Swain’s jail.

“We’re using multiple jails in multiple areas of the state,” said Banks. “So it’s hard for me to predict how many prisoners we’ll have in the future.”

Cochran estimates that he would have 21 beds available for federal prisoners, 16 male and five female, but that number is flexible, he said.

As of last week, Swain County had 40 inmates in its 109-bed jail, including 18 from Cherokee and one federal prisoner.

Swain County officially signed a cash settlement with the federal government in a moving and historic ceremony Saturday, ending a bitter decades-long dispute over the North Shore Road.

Swain will received $52 million from the government, and in exchange will drop its claims to a 30-mile road the government flooded 66 years ago and never rebuilt.

“It has taken Swain County 67 years to reach this point today,” said County Commissioner Chairman Glenn Jones. “The journey has not been easy folks.”

Congressman Heath Shuler, a Swain County native and football star, received three separate standing ovations during the ceremony for his critical work to bring the settlement to fruition.

“When you were up here playing football for the Maroon Devils, who would have ever thought you would be the missing piece of this puzzle?” Jones said.

Shuler fought tirelessly to win political support in Washington, including within the White House, for a settlement and to secure the first round of appropriations.

“It is not just about the money. It is letting go of something in the past that has divided us,” said Shuler, who choked up during one part of his speech. “I think maybe that’s why God has put me here, to bring a divided community back together.”

Under the cash settlement, Swain will get $12.8 million now and the rest in increments over the next 10 years. The amount of the settlement is based on the value of the road at the time it was flooded, plus interest.

“What we have tried to do in this whole issue is get an injustice for Swain County done and over with,” said Claude Douthit, a father of the cash settlement movement, following the ceremony. “I have tried and tried and tired for all of these years to bring people on board and educate them. It has taken me a long time to ever get the stars right so to speak. It finally came about.”

Luke Hyde, an attorney and leader of the cash settlement movement, led an invocation at the beginning of the ceremony, which was held at Swain County High School.

“Bless what the public officials will do here today and go with us into the future so we can do a better job for our children and our children’s children,” Hyde said.

The money from the settlement will be placed in a protected trust fund. The county will get the annual interest, which will amount to more than $3 million a year once the full settlement is received.

Jones referenced the motto on a sign outside the high school where the ceremony was held, declaring “Our best and then some.”

“We want to put this note in our kids’ pockets and say ‘We have given you our best and then some,’” Jones said. “Some way or another every citizen in Swain County will benefit from this cash settlement. I can see great things to come.”

The signing

The Secretary of the Department of Interior Ken Salazar was scheduled to appear and sign the settlement in person. But as a major snowstorm barreled down on Washington, D.C., late last week, Shuler and his staffers rapidly concocted a contingency plan.

The document required four signatures, one from each of the original signers to a 1943 agreement promising to rebuild the road. Shuler dispatched his aide Ryan Fitzpatrick on Thursday to collect the signatures ahead of time and deliver them to Swain County in time for the ceremony. After getting Salazar’s signature in D.C., Fitzpatrick promptly flew out to Raleigh and met with Gov. Beverly Perdue. He was scheduled to fly out from there to Knoxville on Friday to collect a signature from the Tennessee Valley Authority, but impending winter weather in the mountains led him to change his plans and fly on to Knoxville that night, and finally on to Swain County by car on Friday.

At each stop, he took a celebratory photo of the document with his cell phone and sent the picture back to Shuler. The documents never left his side during the two-day journey.

“I had them either on my lap or in the passenger seat right beside me,” Fitzpatrick said.

The final two signatures — that of Swain County Commissioner Glenn Jones and Congressman Shuler as a witness — were saved for Saturday’s ceremony.

Salazar sent written remarks, delivered by Smokies Superintendent Dale Ditmanson.

“It is not often one can end a 70-year old controversy with the stroke of a pen,” Salazar wrote.

The settlement was good news to environmentalists, who have spent decades fighting the road through a large, remote territory of the Great Smoky Mountains National Park.

“I was afraid I would die before I got it done,” said Ted Snyder, a Sierra Club activist who has been part of the fight since the 1960s. “It is an enormous win.”

A defining moment in the decades-long debate over the North Shore Road will play out in Swain County this week.

Commissioners are slated to vote in favor of a cash settlement from the federal government in lieu of building the controversial road — ending Swain’s bitter 66-year battle once and for all.

“It will be a historic vote for the county,” said Swain County Chairman Glenn Jones.

The vote will be held at 11:30 a.m. Friday, Feb. 5, at the county administration building. On Saturday afternoon, a signing ceremony is planned to ink a new agreement with the federal government.

Under the cash settlement, Swain would get $12.8 million now and a total of up to $52 million by the year 2020 — the full amount that Swain has been seeking as compensation.

“The completion of this agreement will be the most significant event in the history of Swain County and certainly the most positive,” said Leonard Winchester, an advocate of the cash settlement and chair of the Citizens for the Economic Future of Swain County.

Since the 1940s, the people of Swain County have been waiting for the federal government to rebuild a rural highway that was flooded by the creation of Lake Fontana. Failure to make good on the promise relegated Swain to relative isolation with few roads in and out, a dead-end destination hemmed in against a national park and large mountain lake.

Under the new agreement, Swain County will forgo its long-standing claim for the road under an old agreement with the federal government dating back to 1943.

“The 1943 Agreement is hereby extinguished and superseded and shall be of no further effect,” the new agreement states.

The lone vote against accepting the cash settlement will come from Commissioner David Monteith, an ardent supporter of building the road.

“My heritage is not for sale,” Monteith said.

Many families who once lived in the North Shore area before it was made part of the Great Smoky Mountains National Park are deeply resentful of any attempt to let the government off the hook.

Monteith is skeptical that Swain will get a penny more than the $12.8 million currently on the table. In the 1943 agreement, the federal government pledged to rebuild the flooded road “as soon as” Congress appropriated money to do so — not exactly a hard and fast promise.

The new agreement is likewise vague, stating that Swain will get “additional sums” as appropriated by Congress not to exceed the grand total of $52 million.

“It is a sellout to say ‘if and when’ funds are made available,” Monteith said. “It is the same as before. It is not worth the paper it is written on.”

But Jones said the agreement to be voted on Friday gives Swain far more leverage to collect than the old 1943 agreement ever did.

Through a clever bit of lawyering in the 1943 agreement, the federal government inserted a hold-harmless clause stating: “failure on the part of Congress for any reason to make such appropriations shall not constitute a breach or violation of this agreement.”

The new agreement contains no such hold-harmless clause. In fact, it says the opposite.

“This Agreement is binding on the parties, through their officials, agents, employees and successors,” the new agreement states.

It was important language that the county fought hard to get inserted this time around. Also in the new agreement, the government admits that the cash settlement is being offered as a substitute for the road it never rebuilt.

“At least the federal government has made a commitment and they are saying ‘We do owe Swain County’,” Jones said. “If it is not all paid, I think you would have a leg to stand on.”

To make good on the promise of a full $52 million by 2020, Congress would have to appropriate an additional $39.2 million over and above the $12.8 million that’s been secured already. It amounts to about $4 million a year.

Winchester said he is hopeful that will come to fruition. Instead of being left up to Congress, Winchester said the $4 million appropriation for 2011 appears in the President’s budget.

Jones said he was “very confident” that additional annual payments will be made to Swain County.

Money received from the cash settlement will be placed in a trust fund with the N.C. State Treasury. The state will remit interest off the account to Swain County, but the principal cannot be touched unless supported by two-thirds of registered voters in Swain County. The interest off $12.8 million would be close to $800,000 a year.

Whether Congress ever makes good on the agreement could depend on a congressman from Western North Carolina effectively lobbying for it. To date, Rep. Heath Shuler, D-Waynesville, a Swain County native, has done just that.

“He’s the one we have to give the credit to,” Jones said.

The $12.8 million already on the table for Swain was secured by Shuler. Shuler also worked hard to negotiate the agreement being voted on Friday.

During initial talks, the park service was reluctant to sign on to a new agreement that included the dollar figure of $52 million, but Shuler lobbied for the past year to bring them around.

“We appreciate the exceptionally hard work of Rep. Heath Shuler and his staff to bring this matter to closure in a way that will benefit all the citizens of Swain County forever,” Winchester said.

Some background

When the federal government flooded a road leading from Bryson City to Tennessee with the construction of Lake Fontana in the 1940s, it signed an agreement promising to rebuild it one day, but only completed a small segment.

Historically, the flooded road connected many small communities, but the territory was evacuated and made part of the Great Smoky Mountains National Park. Building a new road today would mean traversing some 30 miles of Smokies backcountry. It would carry a price tag of more than $600 million.

The $52 million cash settlement sought by Swain is based on the value of the road at the time it was flooded plus interest and inflation.

This year’s elections in Bryson City will be a cinch for Alderwoman Stephanie Treadway and Alderman Tom Reidmiller. Both are running unopposed to retain their seats on the board.

Treadway, a 40-year old insurance agent with Allman Insurance, has been an alderwoman for almost 12 years. She said she’d like to continue working on improving the town’s water and sewer facilities. She also would like to see more streetscape work done, especially on Main Street.

Reidmiller, 68, is a retired Ford dealership owner who has served as alderman for more than four years. Reidmiller was appointed to the board in 2005 to fill a vacancy.

Reidmiller said his number one priority was to set up a “more efficient” water system. He said he decided to run again because he believed his business experience could contribute to the town’s success.