Some fear Norfolk budget plan may sacrifice new courthouse

NORFOLK

A retired chief Circuit Court judge who spearheaded the drive for a new courthouse is questioning the city’s commitment to build the long-promised complex.

Joseph A. Leafe, who retired as a Norfolk judge in 2006, said he and some current judges are concerned about the project’s future now that City Manager Regina V.K. Williams has proposed eliminating funding for the complex from next fiscal year’s budget.

“As I read it, I don’t think it’s a good thing,” said Leafe, also a former Norfolk mayor.

General District Chief Judge Ray Dezern echoed Leafe’s assessment that few who use the existing courthouse are happy about the possible funding cut.

“We’ve got real problems,” Dezern said. “We’re fortunate no one has been hurt.”

The $108 million courthouse complex would be built next to the Norfolk jail near City Hall. It would contain new homes for the Circuit, General District and Juvenile and Domestic Relations courts, replacing aging buildings where security concerns and crowding long have worried those who use them.

In her proposed budget for fiscal 2009, which begins July 1, Williams would cut a $30 million appropriation for the new courthouse. She said the money could be struck from the budget without delaying the project.

Williams said she wanted to shift money into other programs, including adding $10 million more for neighborhoods, expanding library and recreation-center hours, and expanding fire and rescue operations. She also wanted to maintain the current real estate tax rate.

Most of those proposals are popular with council members, who have been pressured by residents for more spending on public safety and neighborhoods.

“I think it was the right thing to do, given the needs throughout the city,” Councilman Randy Wright said.

Yet that means the city would have to appropriate $40 million in 2010 and $30 million the following year to build the courthouse complex on schedule.

Leafe said he isn’t sure that is realistic. “Next year may be a tougher budget than this year,” he said.

Last week, a majority of council members reaffirmed their commitment to the courthouse project, including Mayor Paul Fraim.

Williams said the $30 million cut from the budget would have authorized the city to borrow money for the courthouse. But the actual transaction was not planned to occur until summer 2009, meaning the city could delay funding for another year without slowing the project, she said.

Williams pledged unequivocally last week that money for the courthouse will be in her 2010 fiscal year budget, which begins July 1, 2009.

Marcus Jones, the city’s budget director, said including the $30 million in the upcoming year’s budget would put the city above self-imposed limits on how much debt it can accrue. Bond rating agencies have warned the city not to go beyond the limits, officials said.

“We wanted to protect our bond rating,” Councilman Paul Riddick said. “We can’t have too much on our plate.”

Even so, Councilman Barclay Winn said, Leafe might be correct when he says the city could encounter funding problems for the courthouse in future years.

Falling housing prices, Winn said, might generate less real estate tax revenue, one of city government’s primary sources of funding.

“That means we’re going to have to give up something,” he said.

Leaders of Norfolk Tea Party 2, a watchdog group that favors lower taxes, have asked the city to allow public input before building a new courthouse complex. At a recent public forum, the group produced city documents that indicated the project’s cost could rise to $136 million.

Fraim said the courthouse design has been reconfigured since that estimate was made, including a reduction of 30,000 square feet. He said the project is now on budget and said the project has been part of three budget discussions and numerous public hearings.

Leafe said judges worry that the courthouse’s cost could make it vulnerable to future budget pressures.

Dezern voiced similar concerns.

“I can’t read their minds,” he said of the council. “All I can say is that this project has been on the board a long time, and some progress has been made. I don’t know that courthouses are a popular project.”

Norfolk Circuit Court Clerk George Schaefer said the courthouse generates millions of dollars for the city each year from court costs, fines and fees for services on marriage licenses, real estate transactions and passports. Between April 2007 and March 2008, he said, the court generated $5.1 million in income for the city and $19.3 million for the state.

Vice Mayor Anthony Burfoot said the judges could take legal action to force the city to build a courthouse. The existing court facilities are decades old, and defendants, victims, attorneys and judges often occupy the same hallways.

“Our courts aren’t safe,” Burfoot said. “We’re lucky we haven’t been sued yet.”

Fraim said state law is clear – the city must provide an adequate court house, and judges could compel the city to do so.

Leafe said the courthouse project could stall if the council fails to restore money in the upcoming city budget.

“I hope better judgment will prevail and a large chunk of the money is put back in,” Leafe said, “so people can have a level of confidence that the city can follow through on what it’s proposing.”

Harry Minium, (757) 446-2371 harry.minium@pilotonline.com

Michelle Washington, (757) 446-2287, michelle.washington@pilotonline.com