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HomeMy WebLinkAboutResolutions - 1989.10.12 - 17137PLANNING AND BUILDING COMMITTEE Miscellaneous Resolution 89260 October 12, 1989 BY: PLANNING AND BUILDING COMMITTEE - Anne M. Hobart, Chairperson IN RE: DEPARTMENT OF PUBLIC WORKS - SOLID WASTE - AUBURN HILLS WASTE-TO-ENERGY FACILITY ENVIRONMENTAL REVIEW CONTRACT TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Mr. Chairperson, Ladies and Gentlemen: WHEREAS Oakland County has proposed to construct a 1,500-2,000 ton per day waste-to-energy facility (WTE) within the City of Auburn Hills near the intersection of Brown Road and Giddings Road; and - WHEREAS the City of Auburn Hi ,ls, through its existing environmental review procedures, carefully reviews all such proposals using the auspices of its Pollution Control Board and its expert consultants; and WHEREAS the City of Auburn Hills will incur considerable efforts and unexpected expenditures with respect to monitoring the environmental aspects of the WTE project; and WHEREAS Oakland County respects Auburn Hills desire to have an independent review conducted on this project and wishes not to impose unexpected economic burdens upon the municipality. NOW THEREFORE BE IT RESOLVED that the proposed Service Agreement dated August 7, 1989, copy attached, between the City of Auburn Hills and the County of Oakland be approved by the Oakland County Board of Commissioners to pay Auburn Hills for expenses incurred for environmental consulting services in relation to the proposed waste-to-energy project at a maximum county cost of $30,000; and BE IT FURTHER RESOLVED that the expenses involved in this environmental review be charged to the Solid Waste Project and recovered at the time of sale of bonds for the waste-to -energy facility. Mr. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. August 9, 1989 Oakland County Court House Mr. Daniel Murphy Oakland County Executive 1200 N. Telegraph Rd. Pontiac, MI 48053 Dear Mr. Murphy, Please find enclosed the original Serv ice Agreement which has been signed by both the Mayor and City Clerk. After execution, please forward original to our office. Thank you. Very truly yours, Helen R. Venos City of Auburn Hills Deputy Clerk Encl. FAX Number: (313) 370-9348 Writer's Direct Dial Number: 1827 N. Squirrel Rd. • Auburn Hills, Michigan 48057-1499 • (313) 370-9400 1.1Pqmwmirmammamo COUNTY MICHIGAN DEPARTMENT OF PUBLIC WORKS SOLID WASTE DIVISION Daniel T. Murphy, Oakland County Executive Roger J. Smith, RE. Deputy Director - Solid Waste August 4, 1989 Honorable Mayor & Council City of Auburn Hills Auburn Hills, Michigan RE: Proposed Waste-to-Energy Facility - Brown Road at Giddings Road Dear Mayor and Council: Oakland County, as part of the long discussed countywide municipal solid waste management plan, is in the process of proposing to construct a waste-to-energy facility near the intersection of Brown Road and Giddings Road. This proposed facility is presently under consideration by the Oakland County Act 641 Solid Waste Planning Committee and has been released for public comments. A Public Hearing on this matter has been scheduled on the evening of September 14. 1989 at the Avondale High School in your City. County staff and consultants have been working with Auburn Hills to examine specific elements of the proposal. As the project proceeds into its detailed analysis stage, much time and effort will have to be expended to insure a harmonious fit of the proposed facility with surrounding land uses. In accord with our earlier conversations with the Pollution Control Board and City staff, we understand that Auburn Hills is represented by Dr. Larry Holcomb, of Holcomb Environmental Services on environmental and pollution issues. We further understand that Auburn Hills wishes, through this avenue, to have an independent opinion rendered on all critical elements of the project. The County understands and respects this approach to the project and welcomes the opportunity for an independent ratification of the County's requirement for the best environmental standards. The project can only be enhanced with this approach. We further recognize that such an effort represents an unexpected and unbudgeted expenditure by the City. We therefore would propose that the following arrangement be entered into with respect to the services of Holcomb Environmental Services. HES would report directly to the City of Auburn Hills. The county would contribute to the City, the direct cost of all HES billings to the city with a County contribution cap of $30,000. The County would work closely with HES, through your staff liaison, Mr. Glen Schoonfield, to insure that all project information and data is made available in a timely and efficient manner. Honorable Mayor & Council Page -2- August 4, 1989 Attached for your consideration is a contract prepared by the County's Corporation Counsel which outlines this arrangement. Should you concur of this matter, please approve of the contract by resolution, naming the City Officials who are to sign on behalf of the City, and forward the executed documents as soon as possible. This contract will then be presented to the Oakland County Board of Commissioners for their final approval. Respectfully submitted, Rog r es Smi'tb,..) P.E. Depu, P 'rector - Solid Waste RJS/mah Enc. cc: Daniel T. Murphy, County Executive Commissioner Roy Rewold, Chairperson, Bd. of Comm. H. Lawrence Fox, Bishop, Cook, Purcell & Reynolds Jack C. Hays, Corporation Counsel SERVICE AGREEMENT This Agreement is made this -71-;Y day of August, 1989, between the CITY OF AUBURN HILLS, a Michigan Municipal Corporation, 1827 North Squirrel Road, Auburn Mills, Michigan 48057 (CITY) and the COUNTY OF OAKLAND, a Michigan Constitutional Corporation, 1200 North Telegraph Road, Pontiac, Michigan 48053 (COUNTY). WHEREAS the COUNTY holds an option to purchase a parcel of property in the City of Auburn Hills, upon which it proposes to site, construct and maintain an Act 641 Solid Waste - "Waste to Energy" Facility; and WHEREAS the CITY through its Pollution Control Board is responsible for assuring that such a project is undertaken with all consideration to protect the environment and air quality standards as well as insure a harmonious placement of such a proposed facility with surrounding land uses; and WHEREAS the CITY, in order to meet its responsibilities has contracted with Dr. Larry Holcomb of Holcomb Environmental Services for consultation and evaluation on environmental and pollution issues; and WHEREAS the consultation, evaluation and analysis required for such a proposed project represents an unexpected and unbudgeted expenditure by the CITY. NOW THEREFORE, the Parties mutually agree as follows: 1.) The CITY shall retain the services of Dr. Larry Holcomb of Holcomb Environmental Services to provide consultation and evaluation on environmental and pollution issues, including but not limited to assurance of air quality standards, health risk assessments, environmental permitting and review, on the proposed Act 641 Waste to Energy Facility. 2.) Dr. Holcomb shall report to and make his assessments and recommendations to the CITY. WITNESSES: 3.) The CITY shall assure that all project information and data generated by Dr. Holcomb is made available to the COUNTY in a timely and efficient manner. 4.) The CITY staff liaison for this project shall be Glenn Shoonfield, Building Department Manager. 5.) The COUNTY staff liaison shall be Roger J. Smith, P.E., Deputy D.P.W. Director - Solid Waste. 6.) The COUNTY shall reimburse the CITY for all billings received from Holcomb Environmental Services in an amount not to exceed $30,000.00 for this project. 7.) This Agreement shall terminate at the completion of this project. IN WITNESS WHEREOF, the parties have executed this Agreement: WITNESSES: COUNTY OF OAKLAND, a Michigan Constitutional Corporation BY: I /LAO Daniel T. kurp County Executive BY: Roy Rewold, Chairman Board of Commissioners CITY OF AUBURN HILLS, a Michigan Municipal Corporation t 0 I ) Robert W. Grusnick,'Mayor BY: 111:ify_ow-e..0.-- / C. New, City Clerk October 12, 1989 FISCAL NOTE BY: FINANCE CCMMITTEE, ER. G. WILLIAM CADDELL, CHAIRPERSON IN PE: DEPARTMENT OF PUBLIC WEKS-SCLIDASTE - AUBURN HMS VASTE-TO-ENEDSY FACILITY ENVIRONMENTAL REVIEW CCNTRACT - WSCELLAMECUS RESOLUTION # TO THE OAKLAND COUNTY BOARD OF COMMISSICNERS son, Ladies and Gentlemen: Pursuant to Rule XI-G of this Board, the Finance Committee has reviewed the above named Miscellaneous Resolution and finds: 1) The proposed Service Agreement between the County and Auburn Hills provides for the City to retain the services of Er. Larry HolooMb of HolcoMb Environmental Services for consulting work regarding the environmental and pollution issues during the permitting process of the proposed Waste-to-Energy facility in Auburn Hills. 2) The City will provide all information generated by Er. Holcomb to the County. 3) The reimLurseffent by the County shall not exceed $30,000, which is recoverable from the proceeds of the sale of Ponds for the Waste-to-Energy Facility. 4) The funds are available in the Solid Waste Unit Professional Services line item (4-10100-141-15-00-3128) so no budget amendffents are necessary. FINANCE COMMITTEE tober 19 89 12th day of ALLEN County Clerk/Register of Deeds Resolution # 89260 October 12, 1989 Moved by Hobart supported by Crake the resolution be adopted. AYES: Crake, Ferrens, Gosling, Hobart, Johnson, R. Kuhn, S. Kuhn, Law, McConnell, McCulloch, McPherson, Moffitt, Oaks, Olsen, Pappageorge, Pernick, Price, Rewold, Wolf, Bishop, Caddell, Calandro, Chester. (23) NAYS: Skarritt. (1) 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 Michigan, do hereby certify that I have compared the annexed copy of the attached Miscellaneous which was adopted by the Oakland County Board of nommie5innEr t hpir Regular Board Meeting held on October 12, 1989 with the orginial record thereof now remaining in my office, and that it is a true and correct transcript therefrom, and of the whole thereof. In Testimony Whereof, have hereunto set my hand and affixed the seal of said County at Pontiac, Michigan this