Information on the Courthouse Smyth County
Note that this is now a done deal and we cannot easily stop any of it since the Board of Supervisors has signed off on it. Some records are at www.smythcounty.org I also have a copy of the Davenport County Board Davenport
The $25 Million loan for Smyth County
The Circuit Court judges brought a lawsuit against the county to state their security was at risk while on the job. Another judge agreed and issued an order. According to Attorney General, Ken Cuccinelli, the Board of Supervisors was not obligated to use the plan the judges wanted and could have made a different plan that was cheaper. The board allowed the judges to dictate to them what to do, based upon the advice of County Attorney John Tate and encouragement from Supervisor Charlie Clark. (Charlie Clark is on the board at the Bank of Marion, where the county borrows its money.) Then the plan was added to by county employees who must have decided that since it had to be done anyway, it would be a good time to get changes they wanted too. We are not clear who pushed for the parking garage but it is ridiculous.
The plan grew and grew until it encompassed adding more parking by creating a three level parking garage (which means buying the land and demolishing the building on it), moving the 911 center (which means buying a new building or constructing a new building and getting new equipment for them), moving the Sheriff’s department, adding a private entrance and elevator for the judges, getting new furniture and fixtures, putting an addition onto the courthouse in the back, and of course other renovations to use the space that the 911 and Sheriff free up by moving out to another building.
Scott Simpson is the County Engineer
Bill Carrico was at the same meeting last week and confirmed what we suspected. The judges could not have ordered a tax increase or forced the Board of Supervisors to spend or borrow $25 million for that courthouse. He spoke with Mr. Cuccinelli personally.
Bottom line: the county employees wanted a better work area and were willing to take advantage of this lawsuit to get what they wanted. The board did not have the back bone to stand up to the judiciary branch and defend us from their infringement into executive branch duties (increasing taxes). Judges are not allowed to set tax rates or force boards to spend specific amounts of money. They can only make recommendations and the board can choose to ignore those recommendations and come up with their own plan.
Last year property taxes were not only reassessed but the tax rate was increased by 25%. The year before the rate went up 10%. Here is the quote from the Board meeting held on June 14th last year.
Effective Rate Increase: Smyth County , Virginia
Courthouse Budget as of 1/7/2011
| Courthouse Project Budget | |
| | |
| Accounts | Amount |
| Borrowing costs | $ 250,000 |
| Basic Architecture | $ 1,364,404 |
| Advanced Sitework Package | $ 1,300,000 |
| Courthouse Construction | $ 15,500,000 |
| Asbestos Contingency | $ 250,000 |
| Data Systems and Cabling | $ 300,000 |
| Furniture Allowance | $ 1,250,000 |
| Geotech and QA/QC | $ 125,000 |
| Construction Manager | $ 400,000 |
| Parking Site Acquisitions | $ 600,000 |
| Parking Architecture | $ 125,000 |
| Parking Structure Construction | $ 1,500,000 |
| 911 Relocation | $ 900,000 |
| Temporary Sheriff's Office | $ 125,000 |
| Radio System Improvements | $ 800,000 |
| Contingency | $ 960,596 |
| | $ 25,750,000 |
Chronology:
1. On 16 Sept 2005, under the name of the Commonwealth of Va. , the following judges of the Circuit Court of Smyth County
Judges are appointed by the Virginia
Judges: C. Randall Lowe, Larry B. Kirksey, Isaac St. C. Freeman
You can get a copy at the Courthouse - it's in BOOK 84 PAGE 744 and 745.
2. In the intervening years the lawsuit went to court and eventually Judge Doherty (not one of those on the lawsuit) sided with the judges (naturally) and said that the Smyth County Courthouse did not provide adequate security for the judges.
3. There were several plans created to address this lawsuit over the years. They ranged from $12 million and somehow grew to $25 million.
These are minutes from the County Courthouse Committee meeting held October 8, 2009 with Supervisors Clark (Northfork district), Neitch (Rye Valley District), and Dishner (Park District.) The second sentence is not true.
A possible hearing will be set if the County does not enter into this current Order. Judge Doherty can order the courthouse to be built, and set a tax rate to pay for it. Mr. Tate feels the judges will not pursue a hearing. If the Board “asks” for this order, the Board will have no control over the courthouse renovation.
The plans have been changed several times to meet the judges “wants”. The plans have now been agreed upon between the judges and the County.”
4. Last year (February 2010) when I personally entered the courthouse, I noticed metal detectors tucked in under the stairs. They were not in use.
5. On June 24th, 2010 the County Board
Roscoe Call (Saltville) – Yes
Todd Dishner (Park) -- Yes
Brenda Waddell (Atkins) – No
Charlie Clark (Northfork) – Yes
Darlene Neitch – No
Wade Blevins (Chilhowie) – No
The County treasurer, Tom Burkett, and the Commonwealth Attorney Roy Evans opposed this expensive plan. They both expressed this to the citizens in various ways and means. They both understood that the court order needed to be followed but that the plan did not have to be this expensive. It was Roy Evans who told me that there was an earlier plan of half that amount and he didn’t understand why they did not use that plan.
The documentation for these events is public record and might be found online or may be obtained at the courthouse or the county administrator’s office.
