Minutes 08/25/2009 - Laserfiche WebLink

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AUQust 25. 2009 Background: . The buildings that presently house the Portsmouth Courts are near or past the end of their useful life, are sadly inadequate for the public and the judicial system, and must be repaired or replaced. Under state law, it is the legal duty of each city to provide adequate court facilities. Repair of the existing facilities is not feasible and would not represent a wise use of the City's limited financial resources. Previously, the City had contemplated replacing only the Circuit Court at the present time, at a particular location (of limited size) on Crawford Street. At one point, a lawsuit was filed by the Commonwealth to compel the construction of new courts. Upon further study, it became evident to the City that the lower courts - the Juvenile Court and the General District Court - would also have to be replaced without delay, and that the relatively small Crawford Street site could accommodate all the courts only if very substantial additional costs were incurred. Those costs would place the project beyond the City's debt policy limit. Ultimately, the City determined that a different, much larger location, on PortCentre Parkway (previously Court Street), would be a more practical and less costly location for the new courthouse that would house all three courts. That decision was ratified after careful and thorough study by the independent Courthouse Advisory Panel, which was appointed pursuant to law in the pending lawsuit. After negotiations with the Judges of Portsmouth Courts, it was determined that an appropriate courthouse at this location would be acceptable to them. . This resolution authorizes a legal agreement by which the new courthouse housing all three courts will be developed at the PortCentre Parkway (Court Street) location. It replaces a prior authorization and agreement that contemplated building only a Circuit Court at this location. Discussion: . The cost of constructing the new courthouse will not exceed $77,798,292. . This cost is within the City's debt policy limit, based on current assumptions, and it is significantly less than any other known alternative. . This outcome will settle the pending courthouse construction lawsuit and avoid the possibility that the City could be required by a court order to develop a courthouse at a different location, at a far higher cost. . This outcome will move the City close to the point where the entire existing "Municipal Center" (consisting of the courts, the surface parking lot, and the City Jail, all fronting on the downtown waterfront), can be developed as a taxable new private development. It will also permit the development of the valuable Crawford Street property as taxable new private development, rather than non-taxable courthouse use. . The new courthouse will reflect and respect the dignity of all Portsmouth citizens who utilize the judicial process. It will meet all needs of the judicial system for the foreseeable future. Financial Impact: . $77,798,292 for the Capital Budget, to be financed by a combination of short- term and long-term general obligation debt. There will be additional implementation costs not included in the agreement, to be determined by the City Manager. Recommended Action: . Adoption of the resolution IS recommended. Vision Principle: Bold New Directions. Next Steps Following Council Action: . Settlement of pending lawsuit through consent decree. . Implementation of the Revised Sale and Development Agreement. Design will be complete within one year, and construction will be complete two years thereafter. The courthouse should be ready for occupancy within three years. Motion by Mr. Moody, and seconded by Ms. Psi mas, to adopt the following resolution, and was adopted by the following vote: