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City Council talks about court order

Council members talk about court order for new courts


Date published: 12/10/2008

BY EMILY BATTLE

Fredericksburg Mayor Tom Tomzak said last night that Circuit Court judges have an indirect power to tax city residents.

He made that statement in the context of an argument among council members over whether the judges of Virginia's 15th Judicial Circuit--none of whom were present at last night's meeting--would really order the city to build a new courthouse if it doesn't keep moving forward with plans on the table now.

"I don't like it any more than anybody else," Tomzak said.

As planned now, the new courts complex is expected to cost $54.1 million. That estimate is higher than one council members saw last week because it includes a parking garage.

The city would have to borrow money to build the facility. Paying back that debt would require about a 10-cent hike in the real estate tax rate. That cost would hit the city budget in fiscal 2013.

Tomzak and Vice Mayor Kerry Devine both argued last night that Fredericksburg has received everything short of a lawsuit from its Circuit Court judges dragging the city into an expensive legal process that would take many of the decisions about Fredericksburg's next courthouse out of the council's hands.

Virginia's Circuit Court judges have the power to sue local governments if they determine they are not providing suitable facilities for court functions.

City Manager Phillip Rodenberg noted last night that in May 2007, the circuit judges all signed a letter saying the city courts needed to be modernized.

"That, to me, is the strongest indication we could get," short of an order, asking for new facilities, Rodenberg said.

City Attorney Kathleen Dooley said at least five Virginia localities have been under such orders recently. She said they tend to make the process of building new courts more expensive, and they tend to drag it out longer than it would have taken otherwise.

Councilman Matt Kelly said he didn't want to see the city ordered to build new courts, but "what I'm trying to get the judges to understand is flexibility. All I'm trying to do is make sure everyone understands what this is going to cost."

Devine said the city had been granted flexibility by the judges already. She noted that this time last year, Fredericksburg officials were talking about building a courthouse by fall of 2010. Now the target date is December 2012.


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Date published: 12/10/2008


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New Location (posted by WOLFEMAN , Dec. 11, 2008 7:06 pm)   
Couldn't it be built somewhere in Central Park? Lots of open space for a cheaper,single level complex.

Remember Judge John W. Scott's Order (posted by jayem , Dec. 10, 2008 10:19 pm)   
I think that the late Circuit Court Judge John W. Scott was an example of a fair judge. He ordered the City of Fredericksburg to do something about the condition of the Courthouse there. I think that a new facility should be built to carry out his legacy. It also should be named in his honor.

Have Judges ANYWHERE in the States ordered construction of a court complex (posted by Einstein , Dec. 10, 2008 11:13 am)   
The answer is no. The panic and fear being promoted by the Mayor and City manager is unconscionable. Decisions of this magnitude should never be done under such circumstances. $54 million (and that price tag is highly suspect) is not something the city can afford. So where are the alternatives? Where are the other options? Why the rush to promote only this one mega - option that is laden with components unrelated to the safety and comfort of the judges? The question is: who has the most to gain here?

referendum end around (posted by DeanFetterolf , Dec. 10, 2008 10:06 am)   
Do an end around on the judges. Hold a referndum on whether residents want to pay for it! If voters say no, you have some good defense ammo.

Cost (posted by WOLFEMAN , Dec. 10, 2008 6:08 am)   
The cost of another downtown beautification project is just not worth it. $47mil+

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