November 15, 2023
By: Dwayne Page
A judicial center it is!
By a vote of 8-2-1 the county’s jail committee Tuesday night voted to recommend to the full county commission that a new judicial center be built rather than a jail once a suitable site has been selected for the project. No decision has been made on a funding option or when the county should move forward.
After spending months weighing both options, the committee has come to the conclusion that a judicial center would better meet the county’s needs than a new jail and perhaps be less costly in the long run.
Although the jail committee’s vote is only a recommendation, the county commission’s final decision on the option is predictable since the entire county commission makes up the jail committee.
Those opting for a judicial center over a jail in the vote Tuesday night included commissioners Tom Chandler, Daniel Cripps, Larry Green, Glynn Merriman, Justin Adcock, Jeff Barnes, Greg Matthews, and Tim Reynolds. Commissioners Beth Pafford and Tony (Cully) Culwell voted no and Commissioner Sabrina Farler abstained saying she preferred to wait until property is acquired before casting her vote. Commissioners Tony Luna, Myron Rhody, and Susannah Cripps Daughtry were unable to attend the meeting.
Previously, County Mayor Matt Adcock and others referred to the “judicial center” as a “criminal justice center” but Adcock said he preferred to call it “judicial center” going forward because the complex would serve the entire judicial system locally not just criminal justice.
Unless a new jail is built in close proximity to the courthouse, County Mayor Adcock said the sheriff’s department would have to transport prisoners back and forth from the jail to the courthouse every time court is in session and that could have an impact over time on the county budget in terms of fuel, personnel, vehicles, and other costs. That would not necessarily be the case if a judicial center is built, according to Adcock because the entire operation of the sheriff’s department, jail, and judicial system (courtrooms and clerks offices) would be in the same complex. And while a jail can be built outside the city, a judicial center, by law, must be inside the city limits of Smithville.
Steve Bates, the county’s fiscal agent/financial advisor said that the cost difference in building a jail versus judicial center initially is $10 million ($50 million for a Judicial Center or $40 million for a Jail). In either case, County Mayor Adcock said a new revenue stream would be required to fund it whether it be a higher property tax rate, the implementation of a wheel tax, or a combination of the two.
Before the vote Tuesday night, Bates outlined options for the jail committee to consider. Again, no decision has been made on a funding option or when the county should move forward.
JAIL ONLY
“What we are talking about is spending $40 million on the building and jail only. We are talking about doing 30-year fixed rate bonds and coming up with a funding source to raise enough money to amortize the debt. If its funded by property tax it would take about 33 cents on the property tax to debt service and 9 cents to the general fund (42 cents total) because of the additional operating expense of the jail”, said Bates.
Judicial Center PDF
JUDICIAL CENTER
“We’re talking about doing 30-year fixed rate bonds with another $10 million to build the courtrooms ($50 million total). The amortization to build the judicial center is 43 cents if you do just a property tax. So, you’re looking at 42 cents to build just the jail or 43 cents to build a judicial center. The thing about building a judicial center is the cost is fixed and once its paid off you’re done. You don’t have that with building a jail only because operating costs are more and will continue to go up,” said Bates.
Bates advised the jail committee to start thinking about how the county should fund the project and the sooner the better.
“You will need a full year’s collection if we issue bonds in fiscal 2024-25. You must have money start coming in to put in debt service. Your debt management policy says at a minimum you must have 80% of debt service requirement in your debt service fund. We only have about $2 million in debt service right now, so we will need more money,” said Bates.
“You don’t want to find yourself with a payment when you’re not going to get any new revenue for months later. That puts you behind the eight ball,” he added.
County Mayor Adcock and Bates said to fund the project without any property tax increase would require a $120 wheel tax, but no one is advocating that option in this amount.
Adcock explained to the jail committee that the county has several options if it were to seek implementation of a wheel tax in some amount for this project. The county commission could seek a private act for DeKalb County through the Tennessee General Assembly, which is not likely. The commission could authorize a public referendum to let the voters give a straight up or down vote on a wheel tax in a county general election, or the commission could adopt by a two thirds majority a resolution establishing a wheel tax on separate readings at two consecutive meetings and even then 10% of the local electorate casting votes in the last governor’s election could sign a petition (515 signatures needed) forcing the county’s hand to have a referendum on a wheel tax. In that case, the county could choose to repeal the wheel tax option altogether and vote the needed property tax increase to fund the project.
According to County Mayor Adcock, the county’s justice committee has already recommended an architect and construction management company should the county move forward but no contracts have been signed.
Aside from deciding how to fund the judicial center, is where to build it. County Mayor Adcock said the Peggy Hayes property (38 acres) on West Broad Street in Smithville seems to no longer be an option for the county because the parties can’t come to terms on a price. Adcock said the county is also looking at property in the Smithville Industrial Park off Highway 70 east but hasn’t heard yet if the industrial board is willing to consider selling it. Adcock has a meeting with the board this week. Other possible locations have also been considered but so far, County Mayor Adcock said no one else has been willing to sell or commit to a deal with the county. Adcock also had County Attorney Hilton Conger at the meeting Tuesday night to explain what the procedures are for imminent domain (condemnation) if the county were to choose that option on a particular piece of property.
Officials said that even when the property is identified and acquired, plans approved, and bonds issued, it could take up to three years before construction of a judicial center is completed.