HomeMy WebLinkAboutResolutions - 2000.09.07 - 26259PLANNTRpAND BUILDING-MMITTEE
September 7, 2000
MISCELLANEOUS RESOLUTION #00227
BY: PLANNING AND BUILDING COMMITTEE - CHARLES E. PALMER, CHAIRPERSON
In RE: DEPARTMENT OF FACILITIES MANAGEMENT — FACILITATE PROPERTY PURCHASE TO
ACCOMMODATE 52"d DISTRICT COURT, THIRD DIVISION, LOCATED IN THE CITY OF
ROCHESTER HILLS
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
CHAIRPERSON, LADIES, AND GENTLEMEN:
WHEREAS, the current facility for the 52-3 District Court located in the City of Rochester Hills is
inadequate in size to accommodate the current Court operation which is housed in three separate buildings;
and
WHEREAS, vacant property is available which is conveniently located in relation to the existing
facilities in sufficient size to accommodate current and future Court operations, including probation; and
WHEREAS, the current Board of Commissioners' Rules" (Appendix "B" - Procedure for the Purchase
and Sale of Property) require an outside appraiser, approved by the American Appraisal Institute, to perform
property valuations prior to the purchase of property; and
WHEREAS, adherence to these requirements would result in a minimum of one month delay and
would jeopardize the successful acquisition of this prime property; and
WHEREAS, the staff of the Oakland County Equalization Division and the Department of Facilities
Management currently employ State Certified Real Estate Appraisers; and
WHEREAS, two appraisals have been prepared by staff, one by the Equalization Division and one
by the Department of Facilities Management, which provide reliable estimates of fair market value for parcel
#15-26-377-001; and
WHEREAS, the County Executive recommends approval of this resolution to expedite the timely
acquisition of property to house the 52-3District Court.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners, at the
request of the Planning and Building Committee, hereby suspends "Appendix B, Procedure for Sale and
Purchase of Property, of the Board of Commissioner's Rules", adopted January 27, 2000, to allow for an
appraisal by State Certified County staff to value property for the purpose of acquiring a site for the 52-3
District Court.
BE IT FURTHER RESOLVED that the Department of Facilities Management be authorized to
proceed with appropriate purchasing procedures to acquire parcel #15-26 377-001 for the purpose of
consolidating the operations of the 52-3 District Court in the City of Rochester Hills.
Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing
resolution.
Planning and Building Committee Vote:
Motion carried unanimously on a roll call vote with Schmid and Amos absent.
RULES
FOR
OAKLAND COUNTY
BOARD OF
COMMISSIONERS
ADOPTED
JANUARY 27, 2 0 0 0
Appendix "B"
PROCEDURE MR SALE AND PURCHASE OF PROPERTY
(Adopted Per MR #91090, as amended per MR #93048 and MR .#95213)
SALE OF PROPERTY
1. If there are no statutory restrictions on the sale, it may be
conducted as follows:
(a) The County Executive, with the concurrence of the Planning
& Building Committee, shall employ two real estate
appraisers, one of whom shall be approved by the American
Institute of Real Estate Appraisers or shall be a Senior
member of the Society of Residential Appraisers, and pay
the standard fee thereof, or as an alternative the
appraisal staff of the Equalization Division of the
Management & Budget Department, or the Property Management
Division may be used by the County Executive if authorized
by the Board of Commissioners.
No land shall be sold at less than the lowest appraisal
price unless such appraisal price shall be waived by the
Board of Commissioners. In the case of limited use parcels
(parcels acquired for water and sewer easements), only one
appraisal is required.
(b) All sales of land shall be made in one of the following
ways:
(1) Private Sale: The County Executive, with the
concurrence of the Planning & Building Committee,
may sell at private sale for not less than the
lowest current appraisal price placed upon the
property in accordance with (a) above.
(2) Public Sale: The County Executive, with the
concurrence of the Planning & Building Committee,
may advertise once each week for two successive
weeks (unless otherwise prescribed by statute) and
either a public auction held or sealed bids
received up to, but not later than, the time fixed
for opening of the same which shall be in full view
of the interested public. The Committee shall fix a
minimum acceptable price at which said lands can be
sold, which minimum price shall not, unless
otherwise authorized by the Board of Commissioners,
be less than the lowest appraisal under (la) above.
(3) In the case of limited use parcels (parcels
acquired for water and sewer easements), the County
Executive, with the concurrence of the Planning &
Building Committee, shall notify adjacent property
owners that the County is proposing to sell said
parcel and is offering the property owners first
option to purchase. If the adjacent property owners
are interested, the County Executive Division of
Property Management shall advise them of all
information that the County has in regard to said
properties' easements being retained, soil
conditions, etc. and shall advise adjacent property
owners of the deadline to make purchase offers. If
no offers to purchase are received from the
adjacent property owners, the County Executive
Division of Property Management will then advertise
for the public sale of such limited use property in
accordance with (b-2) above. If an offer is
received from an adjacent property owner, all bids
shall be opened at a public meeting of the Planning
& Building Committee. The Planning & Building
Committee shall review all sealed bids and make
their recommendations for the disposal of the
property to the full Oakland County Board of
Commissioners.
(4) Whenever the requirements of (b-2) or (b-3)above
have been fulfilled and no sale made thirty (30)
days thereafter, the Planning & Building Committee
may authorize the County Executive to notify the
licensed brokers in the area that the lands are for
sale at not less than the lowest appraisal or
highest bid received and the County Executive shall
be authorized to pay from the proceeds of the sale
the customary broker's fee or less.
(c) The Planning & Building Committee shall be vested with the
authority to determine the amount and type of advertising
to be done, the time and place of sale, provide for such
terms as it deems reasonable, the manner in which it is to
be conducted and make reasonable rules and regulations
pertaining to the same not in conflict with the
requirement of the bylaws.
(d) In all cases, the Committee may withdraw any land
authorized for sale up to the time the County Executive
shall have received a commitment thereon and shall, at any
public sale, reserve the right to reject any or all bids
received.
2. All new construction and all alterations of existing structures
Procedure for Sale and Purchase of Property Page 2
M.R. 91090
beyond what would normally fall in the category of maintenance,
shall be under the general jurisdiction of the Planning &
Building Committee. Such Committee shall be charged with,
subject to the approval of the Board of Commissioners,
establishing locations of buildings, employment of architects,
and preparation of plans and specifications.
3. The County Executive shall advertise for and receive bids. The
County Executive shall tabulate and report the bids to either
a joint meeting or separate meeting of the Finance Committee
and Planning & Building Committee. When separate meetings are
held, the Planning & Building Committee shall issue a written
report to the Finance Committee. The Chairperson of the Finance
Committee shall report to the Board of Commissioners on the
bids received with the joint recommendation of the County
Executive, the Planning & Building Committee, and the Finance
Committee, and the County Executive shall make necessary
inspections. No payment shall be made to the contractor or
architect until the Planning & Building Committee has
recommended such payment to the Board of Commissioners and it
has approved said payment, except as to payments authorized by
contract.
LEASE & PURCHASE OF PROPERTY
4. All leasing and purchasing of property shall be under the
jurisdiction of the Planning & Building Committee and shall be
as follows:
(a) No formal negotiations, for the acquisition of any
interest in real property, including lease and options to
purchase, shall be undertaken until such time as the
Planning & Building Committee has authorized such
negotiations.
(b) For property acquisition under $100,000, the Planning &
Building Committee may rely on the Appraisal Staff of the
County Equalization Division for the establishment of fair
market price.
(c) For property acquisition over $100,000 the County
Executive, with the concurrence of the Planning & Building
Committee, shall employ a real estate appraiser who shall
be approved by the American Institute of Real Property
Appraisers or shall be a Senior member of the Society of
Residential Appraisers, who shall appraise the property
under consideration and submit a written report regarding
Procedure for Sale and Purchase of Property Page 3
M.R. 31090
the appraisal findings; said appraisal shall have
oversight and review by staff.
(d) No Offer to acquire may be made prior to the receipt of
the necessary appraisals, and no offers to acquire shall
be made in an amount more than the highest appraised
price, except by a 3/5 vote of the Board of Commissioners
elected and serving.
(e) Purchases for Public Utility Easements shall follow
procedures in (b.) and (c.).
(f) A written environmental assessment, pertaining to toxic
waste, by qualified professionals of real property
proposed for acquisition in fee or proposed for permanent
improvement, excepting rights of way and sewer, water,
drainage, or utility easements, shall be obtained prior to
making an offer to purchase, provided, however, that this
requirement may be waived by a majority vote of the
Planning & Building Committee.
Resolution #91090
June 13 1991
As Amended per MR #93048 and MR #95213
Procedure for Sale and Purchase of Property Page 4
M.R. 91090
y/r/ow
Resolution #00227 September 7, 2000
Moved by Palmer supported by Gregory the resolution be adopted.
Moved by Palmer supported by Jensen the resolution be amended, as follows:
• In the NOW THEREFORE BE IT RESOLVED paragraph, second line, insert
"Paragraph 4, Sub paragraph (C) and (D)" after the words -Appendix B,-.
A sufficient majority having voted therefor, the amendment carried.
Vote on resolution, as amended:
AYES: Garfield, Gregory, Jensen, Law, McCulloch, Melton, Millard, Moffitt,
Obrecht, Palmer, Patterson, Sever, Suarez, Taub, Amos, Appel, Buckley, Coleman,
Douglas, Galloway. (20)
NAYS: McPherson, Causey-Mitchell. (2)
A sufficient majority having voted therefor, the resolution, as amended,
was adopted.
I HEREBOPFS(M/THE FOREGOING RESOLLIT .
L. Brooicti,Ktterson, County Executive Date
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, G. William Caddell, 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 September 7, 2000 with the original
record thereof now remaining in my office.
In Testimony Whereof, I have hereunto set my hand and affixed the seal of the
County of Oakland at Pontiac, Michigan this 7teaay 91 Septembe; 2000.
G. William Caddell, County Clerk