A Madison County resident has filed suit against county commissioners, trying to block the group from carrying out a loan arrangement for the county jail expansion.
Jerry Craig, Hull, maintains that county commissioners failed to seek public input on a proposed multi-million dollar financing arrangement with Wachovia Bank for the expansion of the county jail.
In Craig’s suit, filed late last month in Madison County Superior Court by attorney Lane Fitzpatrick, the former board of assessor member contends that commissioners met on the financing arrangement without properly advertising the meeting. He also said the BOC approved financing for the jail “without first seeking competitive bids for the cost of the financing project.”
Craig seeks a temporary restraining order to prevent the commissioners from holding called meetings that are “not readily advertised to the general public” and are “designed to thwart public participation with the apparent intention of entering into a multi-million dollar financing arrangement without giving the citizens of Madison County a reasonable opportunity to make public comment.”
Craig also seeks to prevent the BOC from entering a financing arrangement for the jail without advertising for bids from lending institutions.
The complaint states that the BOC has not sufficiently spelled out jail financing terms.
“Wachovia’s proposal does not list the cost of borrowing, such as lender’s fees, discount points and attorney’s fees,” states Craig’s complaint.
Commissioners voiced agreement at a recent meeting that they will seek a financing arrangement for the county jail expansion. BOC members have repeatedly said they want to begin the project as soon as possible to avoid increased construction costs in years to come.
Madison County commissioners allotted $3.3 million in special purpose local option sales tax (SPLOST) money for the expansion of the county jail. Current construction estimates run between $4.4 million and $5 million, with costs expected to rise the longer the project is delayed.
County commissioner Wesley Jordan emphasized that the BOC has not signed any contracts on jail financing at this point and is still in an exploratory phase, trying to determine the most cost-effective way to get the jail expansion under way.
“We’re just in the preliminary stages of weighing our options and trying to find out what is the most viable option for the citizens of the county,” said Jordan.
County attorney Mike Pruett said no hearing date has been set and that the county’s response to the suit is not yet due.
He said Craig’s lawsuit is based on his failure to understand the issue.
“The complaint was premised on a total misunderstanding on the part of the Plaintiff,” wrote Pruett in response to a Journal email about the lawsuit. “Contrary to his allegations in the complaint, the meeting on May 30 had nothing to do with SPLOST financing. Indeed, no specific financing terms, with Wachovia or any other lender, have yet been negotiated, much less approved. Therefore, one of the many flaws in the complaint, and one of the grounds on which we will be seeking dismissal, is that there is simply nothing for the Court to enjoin — the plaintiff's grievance is against something that was pure fantasy on his part, and the courts are not in the business of enjoining fantasies.”
Pruett added that the “Supreme Court of Georgia has made it clear that financing arrangements such as the one being considered with Wachovia are perfectly valid, proper and legal.”
