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MINUTES
ORANGE COUNTY BOARD OF COMMISSIONERS
SPECIAL MEETING
THURSDAY, NOVEMBER 4, 1993
The Orange County Board of Commissioners met in Special Session on
Thursday, November 4, 1993 at 12:00 noon to discuss court facilities.
COUNTY COMMI88IONERB PRESENT: Chair Moses Carey, Jr., and
Commissioners Alice M. Gordon, Stephen H. Halkiotis, Verla C. Insko and Don
Willhoit.
COUNTY ATTORNEY PRESENT: Geoffrey Gledhill
COUNTY STAFF PRESENT: County Manager John M. Link, Jr., Assistant
County Manager Rod Visser, Clerk to the Board Beverly A. Blythe, Finance
Director Ken Chavious, Purchasing Director Pam Jones, Budget Director Sally
Kost, Public Works Director Wilbert McAdoo, Sheriff Lindy Pendergrass and EMS
Director Nick Waters.
COURT FACILITIES STUDY GROIIP MEMBERS PRESENT: Judge Gordon Battle,
Clerk of Court Shirley James, Judge Patricia Love, Investigator Cheryl S.
Parker, and Assistant District Attorney Nancy A. Vecchia
AGENDA
1. ISSIIEB WHICH REQUIRE IMMEDIATE ATTENTION
~ COURTROOM OVERCROWDING
1. ASSUMING A THIRD FLOOR COURTROOM CAN BE DEVELOPED WITHIN THE
NE%T 8I8-EIGHT MONTHS. WSAT OPPORTUNITIES FOR ALLEVIATING THE
CRISIS ARE AVAILABLE IN THE INTERIM?
2. WHAT ROLE CAN/SHOULD THE COUNTY PLAY IN ASSISTING COURT
OFFICIALS TO ACHIEVE A SOLIITION FOR OVERCROWDING?
Chair Carey stated that this meeting is being held to share information
and to discuss solutions to alleviating the overcrowding problems in the
courtrooms. Introductions were made.
Pam Jones talked about the plan they initiated last November and noted
that they are on schedule. With regard to the new courthouse, the architect
has pointed out some problems including an exterior exit. The obstacles they
have identified will make it a better facility. A courtroom will be located
on the third floor of the new courthouse. The district court judges will have
their offices on the third floor and the County Commissioners will use the
courtroom facility for their meetings. Renovations will take six to eight
months. She would like to have input as this process continues. She wants
to be sure that the needs of everyone are met.
In answer to a question from Judge Battle, Pam Jones indicated that the
courtroom will seat 125 to 150 people.
In answer to a question as to whether or not the new courtroom would
be adequate for criminal court, Judge Love indicated that it is hard to say.
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They may have more traffic cases but there are lots of possibilities. The
Highway Patrol has changed their schedule which has put a burden on the
courts. Judge Love stated that she will talk with the Highway Patrol to see
if they can again schedule traffic court twice a month instead of once.
Judge Love stated that they may have to go back to two dockets - one
in the morning and one in the afternoon. They don't have any control over
that system.
Nancy Vecchia stated that what may be more efficient is to go to a 9:00
and 11:00 o'clock docket. Judge Love would have the authority to dictate this
and she indicated she would have no problem with that time. It could not start
until January because they need to work with law enforcement in making the
change. The court days are set by the time and date on the ticket and the
magistrate also schedules people.
Judge Love indicated they have changed the docket to even out the load
and noted they are only talking about District Court.
Moses Carey stated that the problem which needs to be solved
immediately is for the next six months before the renovation is complete.
After the renovation there will be time to do some long range planning.
In answer to a question from Commissioner Halkiotis, Judge Love stated
that there are two Highway Patrol Officers that patrol Orange County highways.
She will talk with them about going back to two days. She feels that they
will cooperate.
In response to a suggestion from Commissioner Willhoit about using
other facilities as a courtroom, Nancy Vecchia stated that they really need
a courtroom setting because there is more respect. Also, there is the problem
of moving equipment and people.
In answer to a question from Commissioner Halkiotis about night court,
Judge Love stated that the problem is in setting up another shift with
personnel.
John Link stated that the immediate problem is that only 82 people are
allowed in the courtroom at one time. They have had to wait for another court
and move them to Superior Courtroom. They have been moving people over to the
Old Courthouse. The Historic Commission has set the number of people at 100
in the Old Courthouse. Geoffrey Gledhill clarified that the deed specifies
that no more than 100 people can be in the courtroom at any one time.
In response to a suggestion from Commissioner Gordon on using a P.A.
system in another area of the building, Judge Love explained that the names
of everyone who is suppose to be there is called and these people are
separated into three groups -- guilty, not guilty and held open. They then
take the people who have pleaded guilty first because these usually go faster.
Lindy Pendergrass noted that he has seen several overcrowded courtrooms
solve this problem by putting a sign outside which indicates that those who
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want to plead guilty to enter the courtroom between 8:30 and 9:30 or some
specific time. This would save the time of calling these names from the
docket.
Patricia Love stated that in Alamance County they have a day where
everyone with a traffic ticket can come in anytime during a specified day but
that the ALC has asked that this not be done. She noted that one of the
biggest problems is that a persons' driving record determines the insurance
a person pays and it must be done right and people do have the right to
appeal.
Commissioner Insko stated that having those who want to plead guilty
come in between a certain time may be a good idea and worth trying.
Patricia Love stated that they have talked about not calling the docket
but with the computer age they enter a 20-day failure the same day the person
doesn't appear.
In answer to a question from Commissioner Willhoit about the short
range alternatives, Judge Love stated that Judge Battle has agreed to let them
use the Superior Courtroom for one day a week for the next six months. On
Wednesday, Judge Battle will hear the cases unless there is a murder trial or
another extended trial.
Moses Carey stated that these ideas are good and need further
discussion. He asked Pam Jones and John Link to convene a small group to
decide on a plan of action.
Judge Battle stated that Superior Court is set every week with Civil
Court set in the Old Courthouse. The problem is that there are cases that
last two or three weeks with two courts going on at one time.
John Link stated that the third floor is now being used for several
courts, administrative law offices, etc.
Judge Battle stated that even if Superior Courtroom is used on
Wednesday, he could start at 10:30 which would allow most of the district
cases to be heard between 9:00 and 10:30.
Judge Love emphasized that the downstairs courtroom should go back to
being a storage room. It is not well ventilated and dangerous.
Commissioner Insko stated that one thing the County can do is to
provide staff support to help with planning, etc.
II. SHORT TERM I88QE8
A. PROJECTION OF NEED FOR NE%T FIVE YEARS
B. POTENTIAL FOR DEVELOPMENT AT E%IBTING SITE
Nancy A. Vecchia gave some figures on how the cases have increased.
They have doubled in the last ten years and they expect that trend to
continue.
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Judge Battle indicated that the County will probably get within the
next five years another criminal court judge, trial court administrator, jury
assembly room and jury clerk. Lindy Pendergrass indicated he would need an
additional 35 officers to handle this increase in workload.
John Link stated that renovating the third floor will probably only
meet the needs for two or three years. What they are talking about is
building an annex. He feel that there is a need to test what is possible for
that site. Longer term, they need to talk about what can be done within the
next ten to 20 years.
Commissioner Halkiotis talked about Johnston County and the modern
facility which has streamlined the process of a person being transported from
jail to the courtroom and back again. He feels it would be beneficial to look
at other locations outside of the town of Hillsborough. Chair Carey agreed
that the County needs to have the courts located in one place possibly outside
of Hillsborough.
III. LONG TERM ISSIIES
A. PROJECTION OF NEED FOR NEST 20 YEARS
B. LOCATION OF FIITIIRE E%PANSION
1. ON EBIBTING BITE
2. BIIILT SEPARATELY AT ALTERNATE LOCATION
a. Close ~rogimity to Hillsborough
b. Geographically able to effectively serve both Hillsborough
and Chanel Hill from a single facility
C. FIINCTIONB AT FIITIIRB SITE
1. COIIRT ONLY
2. COII1tT AND LAW ENFORCEMENT (SHERIFF)
3. COIIRT, LAW ENFORCEMENT AND JAIL
Judge Love feels it would be good to move courts out of town so that
adequate parking is available.
In response to a comment from Pam Jones about the size of the
courtrooms, Judge Love stated that the LOC can help with courtroom facility
planning.
Judge Battle suggested that two or three representatives from the
Orange County Bar be added to the Facilities Committee.
Pam Jones stated that one option would be to add another floor inside
the existing building and another option would be to expand to the south.
Commissioner Willhoit asked about the number of square feet on the
third floor. He suggested comparing the net cost per square foot of adding
the exit, adding a floor, etc. with the cost per square foot of constructing
a free standing building. He suggested that it might be more cost effective
to build new space.
Judge Battle stated that the annex in Alamance County cost five million
dollars.
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IV. POTENTIAL FIINDINQ 8OIIRCEB
A. BOND I88IIE
H. GRANTS AVAIL_~-~LE FOR COORT FACILITIES
C. FEDERAL MARSHAL FIINDS (IF JAIL SERVICE IS BOILT)
John Link stated that the architect has been hired and he will keep
this group informed about the renovations on the third floor. Also, they will
explore the possibilities for expanding the present courthouse. This study
committee can help them look at the CIP process. A three to four million
dollar annex is possible if it is built in 1997 or 1998.
The meeting was adjourned at 1:30 p.m.
Moses Carey, Jr., Chair
Beverly A. Blythe, Clerk