PORTSMOUTH
A disagreement over building a courthouse here could prove to be long and expensive, judging by similar struggles in other communities.
Last year, the City Council voted to build a new $45 million courthouse across from the current one. Two weeks ago, the city administration produced a cost-saving $27 million alternative that would put the Circuit Court in a building in the PortCentre Commerce Park.
The City Council is to vote on that option Tuesday.
Judges saw the new option and took another kind of vote - they turned to the courts for help.
That puts Portsmouth in a league with a growing number of Virginia localities where judges and city officials have locked legal horns over court facilities. It's happened in Richmond and Hopewell and in at least half a dozen counties.
Nine years ago, a new courthouse was built for Williamsburg and James City County under court order. The old building was a country courthouse that was a disaster, said Circuit Judge Samuel T. Powell III. It lacked metal detectors, and people could walk in off the street and go straight to a judge's chamber.
The court was involved right up until the court personnel moved in, he said. "We had an agreement and the judge held them to the agreement."
There is also the matter of the legal costs of the courthouse conflict.
In such cases, the state hires a lawyer to represent the judges at a going rate of about $175 an hour, according to the attorney general's office.
Portsmouth officials also will hire a lawyer. The taxpayers will pick up the tab for both sides.
It's hard to estimate the final costs because of the nature of the cases, said Peter Messitt, a lawyer who reviews the contracts for the attorney general's office.
Agreements are reached and the lawyers are sidelined. Then someone wants to change something in the plan, and the lawyers are back in, he said. "It simmers down and heats up."
The conflict in Richmond has dragged on since 2001.
In times past, it was easier to get a city to rally around a new courthouse. It was a point of pride and often the architectural centerpiece for a city or county.
"It was the local temple of democracy," said Calder Loth, senior architectural historian for the state's Department of Historic Resources.
Today, the price of that symbol - with all the technology and security features - is rocketing through domed roofs.
Portsmouth is hardly the only local government balking at plunking down millions of dollars on a building that isn't seen as an economic booster.
The situation here has long festered. Portsmouth's judges first expressed concerns about the state of the court complex 13 years ago.
At first, city officials looked at a multimillion-dollar renovation of the current facility, built in 1969. Then they decided a new building would have a longer life span and would free the current site near the Elizabeth River for redevelopment.
The discussion outlasted half a dozen city managers and a changing cast of council members.
Letters the judges have written to those officials over the years hint at growing frustration and more hope than faith that the local government would make good on promises.
Over the years, courtrooms have been shuffled to make way for asbestos abatement and other temporary fixes to a facility they describe as unsafe and obsolete.
On July 10, the judges filed legal action requiring City Council members to show up in court Aug. 12 to explain why they should not be ordered to provide a suitable courthouse.
"I believe that this council has been and remains committed to providing safe, secure, adequate facilities for the Portsmouth Circuit Court," said City Councilman Doug Smith. "I don't believe we have ever changed that goal. What I think has changed is the possible solution to get you there."
City Manager Kenneth Chandler told council members at a work session earlier in July that relocating the Circuit Court to the Port Centre I building would save $18 million. Several council members indicated their support.
"I think we're proceeding with a sense of urgency that they've been waiting for a facility for a number of years," said Vice Mayor Bill Moody Jr.
"I think we want to address that and at the same time look out for the taxpayer dollars and not sacrifice our future on a $45 (million) or $50 million building," he said.
Councilman Steve Heretick, a lawyer, said he doesn't think people understand the importance of the project. "Quite often a courthouse is one of the busiest public buildings in the city," he said.
He is skeptical on whether the hard numbers to make a decision exist yet. "I think truly no case has been made that it is faster or cheaper," he said of the Port Centre I building.
Heretick said he thinks that reneging on the $45 million plan was a tactical error that will end up costing the city more.
It bothers him that the council is so ready to pull away from the prior commitment, he said.
"It strikes me as a statement that Portsmouth is unwilling to stand behind three and a half years of extremely intensive analysis, review and planning for this project."
Janie Bryant, (757) 446-2453, janie.bryant@pilotonline.com
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Nikki M wrote "The judges
Nikki M wrote "The judges are merely asking the City to do what it is required to do, by law. Nothing more, nothing less."
Do you know this for a fact? It conflicts with the scuttlebutt I overheard that one judge reportedly said the Port Center deal would never fly.
I think the reason this has come to the forefront now is that someone with connections wants the river front land and has to get the court building off.
For all the grouchy and ignorant out there
Who obviously don't understand the laws of the Commonwealth, as they are written by the General Assembly, it's as simple as doing a Google search and reading the Code of Virginia, Section 15.2-1638. The judges are merely asking the City to do what it is required to do, by law. Nothing more, nothing less. They are not telling the City where the courthouse must be located (i.e. prime real estate), nor are they asking for palatial facilities, they are merely asking the City to provide them with a safe and secure building, again as required by law. Also, the judges have no control over the cost and expense of the building, just as we individuals have no control over the cost of building a new house, that is controlled by the economy. If the grouchy and ignorant don't like the law as it is written, then do something to change the law. In the meantime, the judges are simply following the law as it is written and asking the City to comply.
Courts & Heretick
What's with this Heretick guy? Does he work for the people of Portsmouth or for the judges. We need to recall him. He does not appear to have the best interests of the people at heart. Did he ever meet and office he didn't want to run for? Now the talk is all over that he wants desparately to become a judge so that's why he's all over himself about a new court house. Doesn't appear to be a trustworthy type fellow.
Courts & Heretick
What's with this Heretick guy? Does he work for the people of Portsmouth or for the judges. We need to recall him. He does not appear to have the best interests of the people at heart. Did he ever meet and office he didn't want to run for? Now the talk is all over that he wants desparately to become a judge so that's why he's all over himself about a new court house. Doesn't appear to be a trustworthy type fellow.
Portsmouth City Council Rides again!
It's the same old story with Portsmouth. They built a fire station that sank, they built a traffic circle at the Pavilluion that's so small the large fire trucks can't get around it without going over the curbing. They have also been promising a new Police Department for as long as the Courts issue has been going on, some thirteen years now. The proposed Couts Site on Crawford St. is under water when it rains hard and the ground is just as unstable as the old site. The entire City hall complex should have never been built there to begin with. Obviously they never heard of "Highest and Best land use" for the premier property on the waterfront. Personally I just hope the new complex, wherever it may be, doesn't sink like the fire department and the municipal parking lot did. This City couldn't build a sandbox without trouble.
Midtown - A Better Alternative
The parcel of land at Frederick and Turnpike where the old Norcom High School was located has sat vacant for years. This parcel of land is about the same size at the space occupied by the Wal-Mart, including the parking lot, just north of this location. Since there was a school there, I would guess the land was, and possibly still is, city owned. With its central location in town, with interstate and main thoroughfare access, and only 1/2 mile away from the city garage, one could argue that this location would be best suited for the relocation of all of the city government functions, including the courts, jail, and city hall. You want to revitalize Midtown? Build there, and the money will follow.
Port Centre sounds right...
City Council - move the courts to Port Centre, and while your at it, move the city jail too. Sell the waterfront property to someone who will properly develop it. (oh,yeah - don't forget to save some access for the lowly residents of Portsmouth) Port Centre is close enough to City Hall to conduct needed business. Actually, maybe we could move city Hall off of the waterfront, too. Midtown would work for all of these facilities.
Paying The Price:
As if we here in Portsmouth don't have enough funding issues, now we must pay for both sides to figure out where money will come from to build a new court house. I'm not sure who will bankrupt the city first, judges or city council
know your place
It is not the judges place to dictate budget or facilities management. That isn't how our government was set up. To open this can of worms dosen't serve the publics best interests, and could ultimatly cause bigger issues.
Court House
Since the state pays the judges and they are under their workmens comp and retirement!! Should not the State make the decision as to what there work place condition's should be??? What would happen if the current SITTING Judges were to move ON TO FATTER JOB's, would the new Judges want changes??? Judges should work 5 days a week 40 hours then the backlogs would be cleared up. Oh I forgot the Lawyers would not like that then there case loads would be managable.!. Give them a BUTLER Building and save THE Taxpayers Money. Who gave them power to decide what there working conditions will be???. The taxpayers deserve JUSTICE from the DICTATOR Judges!
Courthouse
Well said LW! The judges have been asking for renovations/a new courthouse for at least a decade, at least. How long do the judges need to ask nicely before they take action? Placating is a word that is listed prominently in the City Council Dictionary. The letter would sound something like: “Dear Honorable Judges, we don’t have the money to build your new courthouse nor do we really want to spend all that money to build you a nice courthouse off of the waterfront where we can build condos/shops that would actually increase the city’s tax base, but we do have a pretty turning circle in front of NTelos. Isn’t it pretty?”
$175 an hour on the taxpayers tab!?
That is all I see and I am disgusted. Thank you to our brave and courageous elected officials!
courthouse
they have the money for the new courthouse,instead of wasting HUD money and taxpayer dollars over a needless venture with Lucas.you have no idea of the city's needs just your greedy wants.
HERETICK'S OWN "BEST INTEREST"
STEVE HERETICK has NEVER had Portsmouth's Citizens best interest at hand on any decision he has made. He has always been a candidate for something. Remember his lost bid for COMMONWEALTHS ATTORNEY? Remember his lost bid for the STATE SENATE? Remember when he was elected to city council, he immediately threw the hat off his big head into the ring for another elected position without even serving out half of his first elected term. He never can focus on any issue because he is always running for something else. Right now he is running to be appointed to a judgseship. What a conflict of interest, practicing before the same judges that you are HEAVILY lobying for at the expense of all the taxpayers. Hey Steve, just wait, Louise LUCAS will get you your new job after you get her the EMPOWERMENT ZONE bonds she wants.