ALLEGANY COUNTY BOARD OF LEGISLATORS COUNTY OFFICE BUILDING * 7 COURT STREET BELMONT, NEW YORK 14813-1083 TELEPHONE 585-268-9222 * FAX 585-268-9446
August 24, 2009
Remarks from the floor of the Legislative Chambers by Chairman Curtis Crandall, in conjunction with the distribution of the Court Facilities Informational Packag
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Why are we doing a Courthouse project now? What happens if we fail to comply with the State’s demands? What are the main reasons we are not in compliance? Why has it taken so long for Allegany County to address this? Why can’t we convert the former County Jail area for Court use? What gives the State the right to reject our proposals? Is it true that Allegany County is the last county in the state to deal with the Court issue? Why should we have to deal with this now? We can’t afford a project like this.
I have the good fortune to spend a lot of time in and around Allegany County visiting with people from all areas of our County, from a variety of backgrounds, and from all walks of life. This time of year seems an especially good time for good conversation and meeting people at many of the fairs, festivals, picnics, and other activities that go on during the summer months.
The questions I just asked are only a few that have come up in regard to the Courthouse Project which has taken up much of this Board’s time and efforts over the last four years. It has not only taken up many hours and days’ worth of meeting time, but has entered its way into our conversations with family, friends, and neighbors, as I believe it should. After all, the project that we have spent so much time and effort on is a major investment for the taxpayers of Allegany County. One common thread in each of the conversations I have had about the Courthouse is a lack of facts and understanding from the people I talk to. It’s not that they don’t care, can’t comprehend, or don’t want to know. I believe for the most part it’s a matter of taking the time to research factual information, information that is not editorialized, that doesn’t lean my way or your way, left or right, right or wrong – just the facts.
As factual information has been distributed about the Courthouse, it hasn’t exactly made the Allegany County best-seller’s list for exciting reading. The Court Facilities Committee distributed leaflets, put information up on the County web site, posted an e-mail address to submit questions, and gave a number to call for more information. The questions I read as I began, were taken from these informational pamphlets, which contained answers to each of them. They were posted online, given to the press, and I personally distributed many myself. Some people would take this information and say, “Thank you, this will help answer some of the questions I have,” and some may have not said it out loud, but thought, “They are only giving me one side of the story, they are not sharing all the information they have on this.”
Before I speak about the many volumes of information and all of the three-ring binders, drawings, studies, and papers stacked in front of the dais today, I would like to take just a moment to reflect on some facts about the Courthouse Project.
In 1976, the Office of Court Administration, better known to us now as OCA, was created as the oversight office for the Court System. The State took over the major portion of court administration costs, including personnel and expenses, resulting in significant savings to localities. Responsibility for providing adequate facilities for the courts remained with municipalities.
In 1987, the Court Facilities Act was adopted. In the eyes of those who supported this legislation at the time, the counties and cities of New York State weren’t using the financial savings created by the takeover of court expenses to maintain and improve the court facilities as intended, so a law making them do so was passed. In this Court Facilities Act, a Capital Review Board was established as an independent body, representing all three branches of government. Each county and city was to submit a capital plan evaluating and assessing their court facilities. If found inadequate, they were required to develop a plan to remedy the situation; the plan would then be approved or rejected. Failure to comply with this Act would result in the sanctioning or withholding of funds from New York State to the municipality.
Allegany County has a long-standing history of failing to comply or fulfill obligations set forth in the Court Facilities Act of 1987. In fact we hold the record as the last county in New York State to comply. Many counties that remodeled or expanded their court facilities early on are now facing a second round of upgrades to comply with this Act. The functions of the courts have not just changed and outgrown facilities since the 1930s when our Courthouse was built, but they have significantly changed since the adoption of the Court Facilities Act of 1987 – not by choice from our local judicial system, but by state and federal law.
Over the past 22 years, Allegany County has not just ignored this legislation; as much as we may have tried, it just wouldn’t let us. In the early 1990s, time and effort was given to a plan to provide additional space to the Courts. The plan was submitted, and in 1995 the plan was rejected by OCA and the sanction process was initiated. In 1996, plans were started for new construction or modification of the existing Courthouse, and the sanction process was stayed. From 1997 to 2001, the project was on track, and the stay was extended. In 2001, the County shifted its plan to extend the Courts into the second floor of the County Office Building, where we stand today. In 2003, meetings were conducted, and promises of action were made to OCA. In 2004, Harry Brand of OCA met with the County Administrator to discuss renovations that would offer some relief to the Courts, relative to the construction of the new Jail Facility. In Fall of 2004, plans to extend the Courts were no longer a priority. In December of 2004, OCA once again advised Allegany County of its responsibilities and a sub-committee was to convene. In May 2005, there was some activity in regard to the Courts and funds were appropriated for a study and to look at design options.
On June 26, 2006, William Clark, Council for Capital Planning for the Office of Court Administration visited us here in the Chambers at a special Committee of the Whole meeting I had set up so we could hear first hand the position of OCA. Mr. Clark stated that this was his third visit to Allegany County in 2006, and that it was clear to OCA that nothing was being done, and no further delay would be tolerated.
He stated that the County’s Court Facilities’ deficiencies are severe and include the following:
· The Courthouse does not comply with the Americans with Disabilities Act (ADA) and does not lend itself to renovations that would allow compliance.
· The Courthouse lacks appropriate attorney-client conference space. Such conferences currently occur in the hallways and lobbies of the Courthouse, which also serve as the only waiting areas for the public.
· The Courthouse lacks adequate secure storage space.
· The Court lacks appropriate office and testing facilities for the recently established Drug Court staff and lacks appropriate space for the soon-to-be-established Integrated Domestic Violence Court and staff.
· The existing facility does not currently provide sufficient space for the assembly of prospective jury panels.
· The building layout does not allow for the proper deployment of security personnel.
· Judges must use the public corridors when traveling to their Courtroom.
· The Courthouse lacks appropriate Courtroom space for the Judicial Hearing Officer and Support Magistrate, who conduct their proceedings in the Legislative Chambers, Jury Room, or Law Library.
· Court security equipment is currently located at the top of the stairs, resulting in unacceptable and dangerous security queuing on the building’s stairway.
· Neither Chief Clerk has a private office.
· The existing facility’s building systems are unable to meet the needs of the Court. The HVAC system in particular is inadequate and in need of replacement.
Mr. Clark mentioned other issues as well, and he reiterated the County’s legal responsibilities, the Court Facilities’ serious inadequacies, the County’s failure to address the situation, and the Court Facilities Review Board’s advice and imminent sanctions. He offered the County his and Mr. Isenberg’s assistance in fulfilling its obligations.
At this meeting, as Chairman, I announced that I would form an ad-hoc committee to deal with only the Court issues. The committee would report back to the Board their recommendations relative to a capital plan. They would review existing information, and formulate a plan to resolve the issue.
I think this recount of history and the facts I have just shared is very helpful in understanding the position and actions of this current Board of Legislators. It didn’t take a lot of research on my part to come up with this. In fact I plagiarized it all from one set of minutes. This is the type of information that sits before you, which I will distribute in a minute. To some it may seem boring, about as much fun as sitting and reading the phone book. They just want to know that as legislators, you and I have studied and understand the facts, and that we are making the best decision based on those facts. They don’t buy into conspiracy theories, and they know we are taxpayers as well, and they say, “just do the right thing.” To others, this is exciting stuff. It is information that they feel starved for, but didn’t know where or how to get it. They will devour it and ask for more, not because they feel something is missing, or intentionally covered up or left out, but because they are the type of people that need to see and understand every detail possible about the subject at hand, and the big subject at the moment seems to be the Court Facilities.
Contained in the three-ring binder before you are around 300 pages of information, not editorial information, but copies. Copies from meeting minutes, correspondence, studies, and drawings. These represent only a fraction of the thousands of pages of information which exist on the subject of Court Facilities in Allegany County. “Why were only 300 pages selected for distribution,” you may ask, and to take it a step further, “Why these 300 pages? Is there something contained in the other thousands of pages that they don’t want me to see? This is like only one chapter out of a good mystery book, and I have to have more information.” And you might be thinking, “I see a lot of three-ring binders, but not enough to go around, not enough for everyone that needs one, let alone wants one.”
With a lead-in like that, I know what you’re thinking. “Crandall has come up with a plan. He is going to distribute only a few pages of some exciting Allegany County Courthouse Drama for free, then sell the rest of the story for a price and pay for the Courthouse renovations from the proceeds.” Not a bad idea.
However, I think this is a better idea: I am going to take these 100 binders and give one to each of the Legislators, one to each of the candidates running for a seat on the Legislature, one to each Town and Village Clerk to put on display, one to each of the 17 libraries in Allegany County, one for each of our state elected officials. And like a good advertisement, I’m going to say, “But wait, that’s not all.”
In addition to the 100 three-ring binders full of information, which can be seen at your Library, Town or Village Clerk’s Office, you will get;
You may still be wondering about all that other information – all the stuff I have not put in these binders, online, or on CD. “How do I see the rest of the information, the thousands of pages of minutes, drawings and studies, I want to see it all.”
For you, a Public Information Research room is being set up. All of the documents will be available for you to sit and read at your leisure. This will be in the Clerk of the Board of Legislators Office, with a table and chairs for your convenience.
To end on a serious note for a serious matter that has occupied much of our time over the past four years, I would like to encourage the taxpayers of Allegany County to get the facts concerning the Courthouse Project that faces us. Work from official information that is not an editorial put together to spin this into something it’s not. I have done what I can to provide an easy means for those who care to do some research. To those who say, “Legislators, we have voted you into office to do the studying and research on our behalf. Do the right thing,” I say thank you for your trust in this Board of Legislators. We have been, and are, working to comply with a state law that has been a burden hanging over the head of our County for many years, a burden that we inherited, and through no choice of our own, we must deal with.
I look forward to speaking with anyone who wishes on Allegany County’s compliance with the Court Facilities Act of 1987.
Thank you,
Curtis W. Crandall, Chairman Allegany County Board of Legislators
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