Racing the clock, officials
of Fayette County and Fayetteville have written a tentative agreement
that will allow housing of city prisoners in the County Jail.
Now the agreement will go before
the County Commission and City Council for possible ratification.
"It represents a substantial
compromise," said County Commission Chairman Greg Dunn.
Dunn, along with County Attorney
Bill McNally and County Administrator Chris Cofty, met two weeks ago and
again this past Friday with Mayor Kenneth Steele, City Manager Joe Morton
and City Attorney David Winkle to hammer out the agreement.
The issue, which revolves around
the county's insistence on charging per diem fees for housing the prisoners,
has had Fayette and its three largest cities deadlocked throughout 2001.
In the proposed agreement,
Dunn said, each side gave ground on the fee issue. The county originally
had asked for about $40 a day.
The agreement also touches
on how medical costs will be handled, who will guard the prisoners when
they are off the premises for appointments or trial, when the perdiem
payments are due, etc.
Fayetteville officials also
will present the proposal to Peachtree City and Tyrone in hopes it will
at least provide the ground work for agreements with them as well.
The current agreement expires
in January, so special meetings might be required to get a new agreement
in place before that happens, Dunn said.
The agreement became necessary
because last January, the County Commission notified Fayetteville, Peachtree
City and Tyrone that its 1994 agreement to house city prisoners those
sentenced by the municipal court for violating city ordinances would expire
in December, and the county did not intend to renew the pact.
City leaders objected, saying
their residents pay the bulk of property taxes for maintenance of the
jail, and charging per diem fees would amount to making their residents
pay twice for the same service.
County leaders say that taxes
paid for the jail provide only enough money to house prisoners sentenced
to keep the jail from being overfilled with minor offenders.
"We don't want to turn
around like Fulton County did, and have to say we're not taking anymore
municipal prisoners ... build your own jail," Dunn said. "We
don't want to get to that point."
The heated disagreement in
late 2000/early 2001 resulted in the scuttling of plans for impact fees
to help pay construction costs of the county's new jail, now under construction.
The cities would not agree to charge the impact fees within their borders
without language in the agreement guaranteeing space for city prisoners.
Following the county's cancellation
of the 1994 agreement, leaders in Fayetteville, Peachtree City and Tyrone
had asked for a joint meeting. But, citing several recent meetings that
have degenerated into rancor, county officials have been adamant that
they would meet with only one city at a time to discuss the dispute.
The dispute is part of a larger
issue that is being hashed out in court, the cities' claim that their
residents pay more in taxes than they receive in services from the county,
thus subsidizing taxes for residents of unincorporated Fayette. A visiting
judge ruled that the cities' request for mandatory mediation of that dispute
should go forward, and he is expected to appoint a mediator soon.
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