The never-ending war between Oxford Township and Village escalated Tuesday as the old fire hall on W. Burdick St. became occupied territory following a surprise invasion.
Claiming 100 percent ownership of the vacant building, the village installed new locks and put the utilities under its name without notifying the township.
‘They seized control of the building,? said township Supervisor Bill Dunn, who overheard the news while attending a meeting at the new fire station yesterday. He immediately called village President Steve Allen to confirm the news.
Allen said the seizure was recommended by village attorney Bob Bunting last week. ‘He advised us to retake possession of what we rightfully own,? he said.
For further comments regarding the village’s ownership claim to the building, Allen directed this reporter to contact Bunting.
Bunting did not return this reporter’s call on Tuesday.
As for what the village plans to do with the old fire hall, Allen noted that council is ‘still firmly committed? to transforming the building into a teen center, an idea proposed in November 2002 by Rockin? Excellent And Determined Youth (READY), a local youth committee sponsored by Oxtord Township Parks and Recreation.
‘That remains council’s first wish,? he said.
Dunn said he’s upset the village took this action without notifying the township, especially since he claims the old fire hall is jointly-owned by the two governments through Oxford Public Fire and EMS Commission (OPFEC).
‘It’s like coming home to find your wife changed all the locks on the house that you own part of. It’s not right,? the supervisor said. ‘Unfortunately, I guess we’re gonna have to bring in the lawyers to determine ownership once and for all.. More wasted money.?
The issue of which entity owns the old fire hall first reared its head at the Jan. 14 village council meeting.
At that time, village Manager Mark Slown stated that the title to the old fire hall is in the village’s name.
Dunn countered that OPFEC owns the building based on the 1982 Fire Protection Agreement, signed by both the village and township.
Under the agreement, the township contributed $208,000 ‘in the form of new fire protection equipment to the fire department? and $68,000 to the village directly while the village agreed to contribute ‘the fire protection assests presently at its disposal in satisfaction of its obligations under this contract.?
Dunn said the village’s contribution in that agreement included the old fire hall.
When the fire department was put under the Oxford Emergency Safety Authority in 1989 (which became the Oxford Public Fire and EMS Comission in 1999), all the assests, including the old fire station, were placed under its ownership, the supervisor explained.
A June 16, 1996 letter from village Clerk Rose Bejma states, ‘Please be advised that the assets of the Village of Oxford Fire Department were transferred to the Oxford Emergency Safety Authority on June 13, 1989.?
Back in January, Councilwoman Renee Donovan said, based on her interpretation of the 1982 agreement, it’s ‘relatively clear? the old fire hall is an ‘asset? held and controlled by OPFEC. She recalled seeing the old fire hall listed as an OPFEC asset in some of her documents.
However, in the event OPFEC is dissolved, Donovan said the building would revert back to the village because it holds title and the 1982 agreement only mentions fire vehicles as department assets.
In January, Fire Chief Jack LeRoy told the Leader he believes OPFEC owns the old fire hall and cited the 1982 agreement as the basis for his opinion.
‘As far as I’m concerned, I believe its owned by OPFEC,? the chief told the Leader, noting that the 1982 agreement encompassed all of the fire department’s assests, including the fire hall. ‘The building was not line-item exempted (in the agreement).?
LeRoy also noted the fire department used to lease the land upon which the old fire station sits from the village for $1 per year, however, it never leased the building.
According to the 1995 lease agreement between the village and OPFEC’s predecessor, the OESA, ‘the village leases to OESA a portion of the property located at 22 W. Burdick St. Oxford, Michigan, which portion is designated the attached Exhibit A.?
The ‘attached Exhibit A? is a legal description detailing a piece of land as ‘Part of lot 24, assessor’s plat number three, beginning at the SW corner North along the Westerly lot line ninety feet, thence West to the point of beginning together with an easement for ingress and egress to Burdick Road.?
Based on the lease agreement, there’s no mention of the old fire hall or any building, only the land upon which it rests.
At the Jan. 14 council meeting, Allen stated that he would not be pleased if the fire hall ownership issue ‘turns into a who-owns-what-hold-your-breath temper tantrum.?