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HomeMy WebLinkAboutResolutions - 1997.03.06 - 25108MISCELLANEOUS RESOLUTION #97049 BY: Charles E. Palmer, County Commissioner, District #16 IN RE: DISTRICT COURT--AMENDMENT TO RESOLUTION #96263, RENOVATION AND LEASE OF THE CITY OF TROY COMMUNITY CENTER FOR THE 52-4 DISTRICT COURT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Planning and Building Committee, on September 17, 1996, authorized Facilities Management to negotiate with the City of Troy for renovation and lease of the City of Troy's Community Center, located at 519 West Big Beaver Road, Troy, Michigan, for reuse as the new location for the 52-4 Division of the District Court; and WHEREAS the option to renovate the City of Troy's Community Center, as opposed to the County purchasing and constructing a new facility, was deemed the most cost-effective alternative; and the City of Troy had also offered the use of a City facility for the District Court for at least a 20-year period of time; and WHEREAS by the adoption of Miscellaneous Resolution #96263, Oakland County authorized an agreement with the City of Troy for the City to proceed with design, receipt of bids and award of a construction contract for the renovation and expansion of the City's Community Center for the new location of the 52-4 District Court in accordance with Attachment A (affixed to MR #96263), and that Oakland County fund the cost of site work, construction, engineering fees and furniture and equipment costs, not to exceed $4,700,000 including contingency, advanced funding of $306,000 for engineering design services, appropriated from the Capital Improvement Program so project design and bidding could proceed, and that Oakland County and the City of Troy to enter into an agreement for the County to lease the new Court facility for 20 years, plus a 5-year option to renew the lease, in accordance with Attachment B (affixed to MR #96263); and WHEREAS the term "not to exceed" $4,700,000 has not been acceptable to the City of Troy, and to assure the City that the County will not withdraw from the project if costs exceed this amount, it is necessary to adopt an amendment to MR #96263. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners does hereby amend Miscellaneous Resolution #96263 in the first BE IT FURTHER RESOLVED Paragraph to delete the words "not to exceed", insert the words "estimated at" and, in addition, accepts the City of Troy's written recommendation that the Oakland County Board of Commissioners will either modify the scope of the project so that it comes in on budget and/or provide additional funding for the project and in any event the property will be used as a functional District Court facility. BE IT FURTHER RESOLVED that all resolutions and parts of -resolutions insofar as they may conflict with this resolution are hereby rescinded in whole or in part, and that Miscellaneous Resolution #96263, is hereby amended to conform with this resolution. Chairperson, I move the adoption of the foregoing resolution. County Commissioner District #16 REPORT (Misc. #96263) BY: General Government Committee, Kay Schmid, Chairperson IN RE: AGREEMENT TO PROCEED WITH THE RENOVATION AND LEASE OF THE CITY OF TROY COMMUNITY CENTER FOR THE 52-4 DISTRICT COURT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The General Government Committee, having reviewed Miscellaneous Resolution #96263 on December 2, 1996, reports with the recommendation that the resolution be adopted with an amendment in the first BE IT FURTHER RESOLVED paragraph, line 3, deleting the words "estimated at" and inserting --not to exceed--. Chairperson, on behalf of the General Government Committee, I move the acceptance of the foregoing report. GENERAL GOVERNMENT COMMTITEE MISCELLANEOUS RESOLUTION #96263 BY: Planning and Building Committee, Charles E. Palmer, Chairperson IN RE: AGREEMENT TO PROCEED WITH THE RENOVATION AND LEASE OF THE CITY OF TROY COMMUNITY CENTER FOR THE 52-4 DISTRICT COURT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Planning and Building Committee, on September 17, 1996, authorized Facilities Management to negotiate with the City of Troy for renovation and lease of the City of Troy's Community Center, located at 519 West Big Beaver Road, for reuse as the new location for the 52-4 Division of the District Court; and WHEREAS the option to renovate the City of Troy's Community Center, as opposed to the County purchasing and constructing a new facility, was deemed the most cost effective alternative; and WHEREAS the City of Troy had also offered the use of a City facility for the District Court for at least a 20-year period of time. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes an agreement with the City of Troy for the City to proceed with design, receipt of bids and award of a construction contract for the renovation and expansion of the City's Community Center for the new location of the 52-4 District Court in accordance with Attachment A. BE IT FURTHER RESOLVED that Oakland County fund the cost of site work, construction, engineering fees and furniture and equipment costs, estimated at $4,700,000 including contingency. BE IT FURTHER RESOLVED that advanced funding of $306,000 for engineering design services be appropriated from the Capital Improvement Program so project design and bidding can proceed. BE IT FURTHER RESOLVED that Oakland County and the City of Troy enter into an agreement for the County to lease the new Court facility for 20 years, plus a 5-year option to renew the lease, in accordance with Attachment B. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Copy of Agreement to Proceed with Renovation of Troy Community Center into 52-4 District Court and also, the Lease Agreement between the City of Troy and Oakland County for the 52-4 District Court on file in the County Clerk's office. FISCAL NOTE (Misc. #96263) BY: Finance and Personnel Committee, Sue Ann Douglas, Chairperson IN RE: FACILITIES MANAGEMENT - AGREEMENT TO PROCEED WITH THE RENOVATION AND LEASE OF THE CITY OF TROY COMMUNITY CENTER FOR THE 52-4 DISTRICT COURT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-F of this Board, the Finance and Personnel Committee has reviewed the above-referenced resolution and finds: 1. The resolution authorizes funding in the amount of $4,700,000 to renovate the Troy Community Center for use by the 52-4 District Court in response to a study siting the inadequacy of Court's current space. The resolution further authorizes entering into a twenty year lease agreement (January 1, 1999 through December 31, 2018) with an optional five year extension with the City of Troy for this space. 2. Funds have been designated in the Capital Improvement Program for this project. A new fund (#40600 - Major Projects Fund) will be established for purposes of monitoring this project and future construction projects. 3. The lease agreement with the City of Troy will commence upon receipt of a Certificate of Occupancy which is expected about December 31, 1998. The annual impact will be a lease amount of $157,604 to be reviewed annually as well as monthly utility bills. 4. Funds in the amount of $306,000 for engineering design and services will be transferred in 1996 from the Building Fund to the newly established Fund #40600. 5. The Fiscal Year 1997 and Fiscal Year 1997/1998 Budgets should be amended as follows: 4-10100-901-01-00-9916 Future Space Requirements 4-10100-901-01-00-8410 Transfer to Building Fund FY1997 FY1997/1998 ($3,000,000) ($1,700,000) $3,000,000 $1,700,000 6. $2,694,000 in Fiscal Year 1997 and $1,700,000 in Fiscal Year 1997/1998 will be transferred from the Building Fund to the Major Projects Fund (#40600). FINANCE AND PERSONNEL COMMITTEE Moved by Palmer supported by Garfield the General Govenment Committee Report be accepted. A sufficient majority having voted therefor, the report was accepted. Moved by Palmer supported by Garfield the resolution be adopted. Moved by Palmer supported by Garfield the resolution be amended to coincide with the recommendation of the General Govenment Committee Report. A sufficient majority having voted therefor, the amendment carried. Vote on resolution, as amended: AYES: Palmer, Pernick, Powers, Quarles, Taub, Wolf, Amos, Crake, Devine, Dingeldey, Douglas, Garfield, Holbert, Huntoon, Jacobs, Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch, Moffitt, Obrecht. (23) NAYS: None. (0) A sufficient majority having voted therefor, the resolution, as amended, was adopted. 03/05/97 15:23 Tr8 1 08581066 OAKLAND COUNTY 21002/003 --citv of Trop February 24, 1997 Mr. John P. McCulloch, Chairperson OAKLAND COUNTY BOARD OF COMMISSIONERS County Service Center 1200 N. Telegraph Road Pontiac, MI 48341 RE; Request for a Firm Commitment from Oakland County to Proceed with Renovation of Troy Community Center into 52-4 District Court Dear Mr. McCulloch: On December 12, 1996 the Oakland County Board of Commissioners passed a resolution authorizing execution of the cOnstrUCtion agreement . previously adopted by Troy City Council to proceed with the renovation of the.TroY community Center as the 52-4 District Court. Oakland County also authorized entering:into ; twenty-year lease agreement with the City which was also previously agreed '4122:•bY City Council. Unfortunately, without discussion with the City, the County's :41461Utii:iri;;Was modified to indicate that the estimated project value of the 52-4'yenovatio cn Wortie."/Was changed from an estimated cost to a "not to exceed" cost. Please kilow, thet‘•thisiCtiOn by the Oakland County Board of Commissioners unilaterally changed;:;t*itermS?;Ofonditions previously negotiated by County and City officials relative to this project ."•4 • 4 Modification of that resolution from an appro.xirnate:cost of the adaptive re-use of the Community Center as a District Court ist1,60:"not:foex:Ceed" cost places great economic risk to the City of Troy in terms of getti4a coilriprited project at the Community Center. Under these conditions, if project costs iO'citrne inIatl,More than $4.7 Million, it is optional for the County to decide if it is goinglto!,Proased "with the work. A "not to exceed" stipulation is acceptable to place on prolecti:forriesOn of minimizing economic risk. It is not prudent, nor fair, to minimize the risk of Oakland County to have this option when the City of Troy must firstiadyrse ApproXirria*y.",,t .:6 , Million to temporarily relocate the Parks and Recreation faction-eut,Of the dotniiiiinifY.;,Center so that work can begin for the renovation of the Center as the 524 DiSt:riciCoUi. -rz,r - . 7';;,(7 I have been given verbal assuranaes4brvariOus•eleCted and appointed County officials that Troy should not be concerned with Ittie,"not to exceed" limitation on this project because the Court facility will indeed be OA Ttoy is merely asking is that these verbal assurances be put in vtiiiting via 'Oakrand ‘County Board of Commissioners' 500 W. BIG BEAVER ROAD TROY, MICHIGAN 48084 Elleig. Inspections 521-3544 Dept of Pubbe Work, 524-3670 Utsrery , 5244545 Purchasing 52443W City Assessor 514.3411 Engineering 5244:1113 Museum 5244570. PlecreaUon (NOW 524448e City Attorney 5243320 FinanO• 5244411 PersOnflei 5243330 TreMle Engineer 52463379 CRY Dirk 5243310 Fire $244419 Planning .......... . , .....324-.3.164 TreaSurer . 5244334 City Manager 5244330 information 5244300 Poiice Dept. 524-3443 ••••n••• J. J. Martin, T. Strat, Norma Godre RECEIVED FEB 2 6 1997 OAKLAND COUNTY FACILITIES MANAGEMENT #1363-JS/ACM:g1 03/05/97 15:23 V81085 81066 OAKLAND COUNTY Z003/003 Mr. John P. McCulloch February 24, 1997 Page 2 resolution. Specifically, in order for this project to proceed, the Oakland County Board of Commissioners need to provide a commitment to fund the conversion of the Troy Community Center to a District Court facility and that such work will not be restricted by "not to exceed" clause contained in County Commissioner's Resolution #96263. Given the above, the City of Troy respectfully request that this matter be considered at the March 6, 1997 Oakland County Board of Commissioners' meeting where one of the following alternatives should occur in order to proceed with this project: 1. The County Commissioners will agree to modify Resolution #96263 to re- insert the words, "estimated at ." and delete the words, "not to exceed." This action will further guarantee that the City's expenditure of funds to relocate activities and staff out of the Community Center will be met with a County guarantee to renovate the Community Center as the 52-4 District Court. 2. If the resolution cannot be modified in the above fashion, an addendum will be made which says, in effect, that the County Commissioners will either modify the scope of the project so that it comes in on budget and/or provide additional funding for the project. In any event, the property will be used as a functional District Court facility. 3. If none of the above alternatives are acceptable, then the Board will advance a resolution indicating that if a District Court facility is not constructed at the Troy Community Center, Oakland County will reimburse the City of Troy for (a) all expenses incurred relative to the relocation of Parks and Recreation activities and staff to old Troy High School; (b) modifications made to old Troy High School, and (c) all costs associated with the move back to the Community Center from old Troy High School. We all want to see this project go forward. Your help will be appreciated. I will be happy to discuss this matter with you and any other official you deem appropriate. Very frully,.y.ours, J6hn Szerlag Assistant City MSoefer/Services cc: D. W. Ross; J. F. Ross; J. C. Bacon, Jr. RM'S.1,sijoia P. A. ,Letz mann, .*/M44 *I) .1:2..1_ 1._ PJ- Er3E L. Brooks In Testimony Whereof, I have hereunto set my hand and affixed the seal of the County of Oakland at Pontiac,, Michiaan rh15 5ph day of March 1997. , ,,--c-t„-- RE'R(Die"E FOREGOING RESOLUTION I Lynn D. Allen, County Clerk — Orson, County Executive Date 3/11/77 Resolution #97049 March 6, 1997 Moved by Palmer supported by Schmid the resolution be adopted. Discussion followed. Moved by Law supported by Pernick the resolution be amended by changing the NOW THEREFORE BE IT RESOLVED paragraph to read as follows: NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners does hereby amend Miscellaneous Resolution #96263 in the first BE IT FURTHER RESOLVED paragraph to delete the words "not to exceed", and insert in its place the words "estimated at"; and BE IT FURTHER RESOLVED that in the event the cost of the construction project exceeds the estimated amount of $4,700,000, then the Board of Commissioners, in accordance with the City of Troy's written recommendation identified as #2 in its letter of February 24, 1997 to John P. McCulloch, the County Board of Commissioners will modify the scope of the project so that it comes in on budget and/or provide additional funding for the project; and BE IT FURTHER RESOLVED that in any event, the property will be used as a functional District Court facility; and AYES: Jensen, Law, Moffitt, Pernick, Powers. (5) NAYS: Taub, Wolf, Amos, Coleman, Devine, Douglas, Garfield, Holbert, Huntoon, Jacobs, Johnson, Kaczmar, Kingzett, McCulloch, McPherson, Millard, Obrecht, Palmer, Schmid. (19) A sufficient majority not having voted therefor, the amendment failed. Vote on resolution: AYES: Wolf, Amos, Coleman, Devine, Douglas, Garfield, Holbert, Huntoon, Jacobs, Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch, McPherson, Millard, Moffitt, Obrecht, Palmer, Pernick, Powers, Schmid, Taub. (24) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. STATE OF MICHIGAN) COUNTY OF OAKLAND) I, Lynn D. Allen, Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true and accurate copy of a resolution adopted by the Oakland County Board of Commissioners on March 6, 1997 with the original record thereof now remaining in my office.