Benton County circuit judges oppose court building plans

BENTONVILLE -- Benton County's circuit court judges agree two plans for a new courts building in downtown Bentonville are inadequate and they cannot support either.

The six judges sent a letter to the 15 justices of the peace and County Judge Bob Clinard detailing their concerns in areas ranging from safety and security to functionality and parking. The letter is signed by Robin Green, Brad Karren, Thomas E. Smith, John R. Scott, Xollie Duncan and Doug Schrantz.

"After due consideration, our conclusion is that the two proposals for downtown are inadequate," the judges said in the letter. "Simply put, the land mass proposed is not large enough for a building of the size necessary to accommodate the security concerns, the functionality needed, nor the expected expansion necessary to meet the needs of the justice system in Benton County in the foreseeable future. Therefore, we cannot support the existing proposals for a courthouse located downtown nor the expenditure of taxpayer dollars for either of the two plans."

The judges weren't taking a position on the eventual location of a new building, but simply expressing their opinions on the plans, Schrantz said.

"As we understand it, the Quorum Court is about to address the question of which of the downtown plans they propose to proceed with," he said. "We're not taking a position on the location, just on the proposed plans. We want something that is adequate and safe. That's our goal."

The county has worked to develop plans for a building for the past few years. A study in January 2014 identified three sites -- two downtown and one on county property on Southwest 14th Street near the jail and Road Department.

The Quorum Court wants to keep courts and related offices downtown. Downtown business interests and the Walton Family Foundation developed what has become known as the "G-2" plan for a building on Second Street, across from the courthouse and administration building. Clinard prefers the Southwest 14th Street location, but he also has developed his own plan for a building on the same Second Street property.

The judges have been concerned their views weren't being communicated to the justices of the peace, Duncan said. The circuit judges have been meeting with the principals involved in both designs and raising the same concerns for more than a year, she said. They wanted to be certain the justices of the peace knew of them before making any decision, she said.

"We have been talking to the various 'factions' that have been proposing these plans," Duncan said. "Each time we met with them we expressed our concerns with the inadequate security, the inadequate footprint for the type of facility Benton County needs. We've talked about our concerns for parking and the need to provide for future growth."

The judges felt they have an obligation to be clear about the problems they see, Duncan said.

"We couldn't sit by silently," she said. "We've been voicing these concerns for months, for more than a year now. We wanted to make sure the people who were making the decisions heard them."

Clinard, reached by phone in Tennessee on Tuesday, said the judges' letter only reinforces his view the county should build the courts facility on Southwest 14th Street.

"That's what I've thought all along," Clinard said. "It's kind of refreshing to have someone else recognize that."

The Finance Committee is to discuss the project Monday night.

"It will certainly make the conversation more interesting," Clinard said.

Barry Moehring represents District 15 and is a candidate for the Republican nomination for county judge in the March 1 primary election. He wants to unseat Clinard, who also has announced plans to run. Moehring said the courts project has been beset by a lack of cooperation among different interest groups and blamed Clinard.

"My frustration is that the county judge has had five years to come up with a feasible plan and a coalition to support it and five years later we don't have either one," Moehring said.

The circuit judges are an important part of the project, but only one part, Moehring said. He again faulted Clinard for failing to reach an agreement with the other parties involved.

"If I were the county judge I would put the vested constituents in a room and we would put together a committee or a task force to identify the problems we're trying to solve and develop a solution together in a collaborative working process," he said. "That solution exists, but that kind of collaborative process hasn't been used."

Clinard said he has fought for the best possible solution in the face of pressure to keep the courts system downtown.

"I haven't gotten all the constituencies together and agreed to their plan," he said. "This started with their minds made up as to what they wanted and that was to have it downtown, regardless of the best engineering, design, security and other concerns."

Tom Allen of District 4, chairman of the Finance Committee, said he's uncertain how the judges' dissatisfaction with the downtown plans will affect the project. The county needs to have the judges' support, he said.

"There's no point in moving forward if the internal customer we're working with is not satisfied," Allen said. "That's a significant bit of information we've been made aware of now."

Clinard said he thinks the Quorum Court should go back and reconsider the choice of location.

"I think it should go back to the basic, fundamental discussion," he said. "It has to meet all the construction standards of modern America. It has to be the best location for the long-term with unlimited expansion and the best modern security."

Clinard likes the Southwest 14th Street proposal for several reasons. There's space for dedicated parking, putting the initial parking at 480 spaces, he said. He also cited the proximity of the jail, minimizing time and distance when prisoners are moved from the jail to court, the added safety of a new building set back from public streets and traffic and no disruption to courts during construction.

The net cost to the county at the Southwest 14th Street site would be about $26.7 million, Clinard said. Total costs of $29.3 million would be partially offset by the sale of the old Post Office at 201 N.E. Second St., the assessor's annex at 221 S. Main St. and the Development Building at 905 N.W. Eighth St.

Clinard projected the sale of those buildings would net $2.6 million, with the old post office bringing in $1.7 million, the assessor's annex $600,000 and the Development Building $300,000.

Clinard's plan for a downtown building calls for a "self-contained justice facility" at the corner of Second and B streets. Clinard's downtown plan would house six courtrooms and all related offices in a five-level building. He said dedicated parking is limited to 270 spaces and construction will cause "noticeable disruption to the court process."

The cost of the downtown plan is put at $36.2 million. That would be offset by the sale of the three buildings to $33.6 million. Clinard said money offered by the Walton Family toward the costs of a downtown building could reduce the cost by another $4.9 million if the foundation accepts his plan. That would bring the net cost $28.7 million. He said an additional, unfinished floor can be added for expansion. Adding the floor would increase the initial cost by $3,375,000.

Clinard has also presented justices of the peace with an estimated budget for the G-2 plan, which he said would cost $30,650,000 with the Walton Family grants and the sale of the assessor's annex included. Adding an unfinished floor for expansion would add another $2.1 million to the cost, he said.

Clinard will not consider the G-2 plan that ties a new building to the old Post Office, citing concerns with waterproofing, seismic design, fire codes, fire retardation, plumbing and electrical work.

NW News on 09/23/2015