Benton County officials wary of court building delays

BENTONVILLE -- The continuing debate on a proposed courts building might make it impossible to gain voter approval of the project next year, according to some justices of the peace.

The county is seeking a consultant to work on the project, and the Quorum Court will likely hear presentations from three firms in early January. County Judge Bob Clinard said if a consultant is chosen in January, it could take from three to six months for him to develop a report.

"I think it's still doable, but it makes it awfully tough as far as having a window to put together some sort of campaign for a sales tax or some other funding proposal, if that's what we decide to do," said Tom Allen, justice of the peace for District 4 and chairman of the Finance Committee. Allen was referring to the goal of a November vote on the project.

Election officials said the county will need to have its ordinance to the clerk's office by Aug. 30 to have a proposal on the Nov. 8 general election ballot.

The only election scheduled for 2017 is the annual school election in September.

Allen said the county could call for a special election, but he prefers a vote at a fall general election if possible or a spring primary election as a second choice.

"I am a proponent of having as many people as possible see this and vote on it," Allen said. "In a special election you may get 10 percent of the voters."

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

Clinard favors the Southwest 14th Street location. The Public Safety Committee endorsed a downtown building project earlier this year, and the Finance Committee has been exploring financing options for a downtown building.

Kurt Moore of District 13 said he's not optimistic about having a vote in 2016.

"I would say it pretty much depends on what they have to say," Moore said of the consultant's report. "If the narrative is similar to what the Public Safety Committee has been espousing, with a downtown facility, that might be able to go through to the Committee of the Whole quickly. If they make a strong recommendation that it go out near the Road Department, it will probably go back to the Public Safety Committee and back to square one."

Work on the proposal was delayed in September after six circuit judges submitted a letter to Clinard and the Quorum Court opposing both downtown plans as inadequate. The letter, signed by Circuit Judges Robin Green, Brad Karren, Thomas E. Smith, John R. Scott, Xollie Duncan and Doug Schrantz, cited concerns over security, access for the public and judicial system employees, parking and future expansion. The questions raised by the judges prompted the decision to seek a consulting firm.

Joel Jones of District 7, chairman of the Public Safety Committee, said the consultant's report won't be enough for the county to take to the voters.

"That's still not something that's buildable," he said. "What they'll bring to us is how many courtrooms we need, how much parking."

Jones said the justices of the peace will have to decide whether to proceed with more detailed design work and funding options needed for a ballot item. He said he doesn't think the time available in 2016 is sufficient.

"If we have to have something put together by Aug. 30, that doesn't give us a lot of time to go get an architect and say we need a building design and cost estimates."

Barry Moehring of District 15, said he's not too concerned with the question of having a vote in 2016.

"I've always been a proponent of we've got to do it right before we do it fast," Moehring said. "Time is running out, and I'm skeptical that we can get it done for a vote in 2016. I am frustrated that we're restarting a process that was already underway and that's resulting in these delays."

Clinard has proposed a four-story building on the Southwest 14th Street with about 100,000 square feet of space with six courtrooms and offices space for the judges and their staffs, the prosecutor and public defender, circuit clerk and all other related offices.

The building would have 480 parking spaces with room for expansion. Clinard has estimated the net cost at $26.7 million.

The justices of the peace have been discussing two plans proposed for a courts building on Second Street in downtown Bentonville. Clinard developed a plan for a four-story building with 125,000 square feet and six courtrooms estimated at $28.7 million, including the sale of the three buildings and possibly another $4.9 million from the Walton Family Foundation.

The second downtown option has been put forward by downtown business interests and the Walton Family Foundation. The group has lobbied to keep the courts and other offices downtown, citing the economic impact of the employees and those in the downtown area to go to court.

The plan would provide about 70,000 square feet. The plan makes use of the county courthouse, built in 1928, for some office space and court needs.

The plan also includes the use of the court annex building, built in 1935. Clinard said he will not consider a plan that includes attaching the old annex building to a new courts building. He said the net cost of the plan is just more than $30.6 million.

General News on 12/16/2015