Elected leaders in Fayette's
cities have drawn a line in the sand that county leaders don't seem willing
to cross.
And as long as the standoff
continues, local taxpayers are the losers.
Impact fees for a new county
jail could save about $1 million of the $4 million annual debt service
on the county's $58 million bond issue, which will pay for a complex that
includes the jail and a new courthouse.
After months of haggling, it
appeared county and city leaders were on the same page and ready to approve
plans to charge the fees, which are designed to get developers to help
pay the costs associated with growth.
But when city councils in Peachtree
City, Fayetteville and Tyrone approved the fees over the last week, they
included new language that obligates the county to house prisoners arrested
"City residents pay exactly
the same taxes for services as anyone else," said Fayetteville Mayor
Kenneth Steele after the City Council approved the new language Monday
night. "We certainly are going to insist upon housing for our prisoners...
they're not really our prisoners but prisoners that happen to be arrested
in the city limits."
The new wording in the cities'
impact fee agreement obligates the county "to provide to the governing
authorities detention facilities and related jail services for the incarceration
of their detainees," but does not state that the county must provide
those services at no charge, said Steele.
But that's not the way county
officials read it, said County Commission Chairman Harold Bost. "The
way I read it, we would not stand any chance of being able to charge them
a fee," Bost said.
Under a 1994 agreement, the
county houses all detainees arrested within the county at no charge. That
agreement is automatically renewed every January, and requires all parties
to give six months notice of plans to amend it, so the earliest the county
could charge fees for city prisoners would be January 2002.
Bost said there are no immediate
plans to charge per diem fees, but added it wouldn't be right to obligate
the county for the life of the impact fees, expected to be at least 20
years. "I cannot support getting the county into that position for
the long range, foreseeable future," he said.
If a fee were charged, the
only prisoners affected would be those given jail time for minor offenses
in the municipal courts, not those arrested in the cities but tried in
the Magistrate, State and Superior courts, he said.
Steele said city leaders weren't
even thinking about the issue until the county recently announced plans
to close the jail to new prisoners. Faced with overcrowding that brought
up the fear of lawsuits, county commissioners discussed plans to do just
that, but backed off after both county and municipal judges began to use
more alternative sentencing to reduce the pressure.
Bost said those discussions
were necessary because of the fear that the county would have to pay for
housing city prisoners in other facilities. That would have cost almost
$1 million a year, he said.
Checking building permits for
the past year in a report issued by the city's Planning Department, Steele
pointed out that about 75 percent of permits are issued within the cities,
which means the cities would generate about 75 percent of the impact fees.
"We must insist upon having
space in our county-wide jail," he said.
But the cities shouldn't equate
the impact fees with operational funds for the jail, Bost said. Impact
fees can be used only for construction. The cost of running the jail will
come from the taxpayers and court fines, he said.
"To me this is a simple
process," said Commissioner Greg Dunn. "Without impact fees,
the only impact is on the citizens, because we won't be able to give a
reduction in the millage rate. We're figuring a million dollars a year
in impact fees... those taxes are probably going to have to come from
property taxes," he said.
"The operation of the
jail has nothing to do with impact fees. We can't allow a simple document
that formalizes the rates and concept of impact fees to dictate operational
matters," Dunn said.
Bost said the impact fee issue
is likely to come up when county and city leaders gather for the next
FUTURE Committee meeting. The group, composed of both appointed and elected
officials from all local governments, will meet in room 212 of the County
Administrative Complex at 8 a.m. Wednesday, Nov. 29.







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