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HomeMy WebLinkAboutResolutions - 2014.04.17 - 21266MISCELLANEOUS RESOLUTION #14075 April 17, 2014 BY: Planning and Building Committee, Jim Runestad, Chairperson IN RE: DEPARTMENT OF ECONOMIC DEVELOPMENT & COMMUNITY AFFAIRS — SOLID WASTE PLAN AMENDMENT FOR BALDWIN PONTIAC, LLC AND RIZZO PROPERTIES, LLC To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS, Oakland County has a Solid Waste Management Plan ("Plan") that was prepared in accordance with Public Act 451, as amended, 1994, Part 115; Solid Waste Management, and WHEREAS, the Oakland County Executive received a request to amend the Plan for the inclusion of a proposed Type A Transfer Station and a Waste Processing Facility to be located on the same property in Pontiac at 900 Baldwin Avenue from Pontiac, LLC and Rizzo Properties LLC; and WHEREAS, the Oakland County Solid Waste Planning Committee, along with staff of the Oakland County Economic Development & Community Affairs Department, which is the Designated Planning Agency ("DPA") for Oakland County have met and discussed this proposed amendment; and WHEREAS, the Oakland County Solid Waste Planning Committee authorized by resolution that the necessary steps be taken to initiate the required publication and 90-day public comment period on the proposed Solid Waste Plan Amendment; and WHEREAS, a 90-day public comment period was held from December 14, 2013 — March 17, 2014 and was widely publicized to all Oakland County municipalities, adjacent counties, the Board of Commissioners, the MI Department of Environmental Quality, SEMCOG and other interested parties; and WHEREAS, notice of the public comment period and date of a public hearing was published in The Oakland Press on December 13, 2013 and all corresponding documents were available for public review in the Oakland County One Stop Shop, as well as on the Oakland County website; and WHEREAS, a public hearing was held on February 26, 2014 at the Oakland County Executive Office Building and members of the public spoke of their opinions on the proposed amendment; and WHEREAS, after the conclusion of the 90-day public comment period, the Oakland County Solid Waste Planning Committee met and considered all written and verbal public comments received during the 90-day public comment period, reviewed the transcript of the public hearing and passed a resolution, by majority vote of the full committee, recommending that the Oakland County Board of Commissioners approve the amendment. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the proposed amendment to the Solid Waste Management Plan of 1999 to include the Type A Transfer Station and Waste Processing Facility proposed by Baldwin Pontiac, LLC and Rizzo Properties, LLC and authorizes the amendment to be transmitted to the 60 Oakland County municipalities covered by the Solid Waste Management Plan for approval. Upon receipt of 41 affirmative municipal resolutions, the document should be transmitted to the Michigan Department of Environmental Quality for final approval by the Director. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE PLANNING AND BUILDING COMMITTEE Motion carried unanimously on a roll call vote. Solid Waste Management Plan Amendment Resolution WHEREAS, Oakland County ("County") has a Solid Waste Management Plan ("Plan") that was prepared in accordance with Public Act 451, as amended, 1994, Part 115; Solid Waste Management; and WHEREAS, the law requires that the Plan identify all solid waste landfills, Type A Transfer Stations, and Waste Processing Facilities within County and that the Plan must be amended if the County desires to include new facilities or sites; and WHEREAS, the Oakland County Executive has received a revised request to amend the 1999 County Solid Waste Management Plan for the inclusion of a proposed Type A Transfer Station and a Waste Processing Facility to be located on the same piece of property in Pontiac at 900 Baldwin Avenue from Pontiac Baldwin, LLC and Rizzo Properties LLC ("Requested Amendment"); and WHEREAS, The Oakland County Solid Waste Planning Committee ("SWPC"), along with the staff of the Oakland County Economic Development & Community Affairs Department, which is the Designed Planning Agency ("DPA") for Oakland County have met and discussed this request to amend the Plan; and WHEREAS, the Oakland County Solid Waste Planning Committee authorized by resolution that the necessary steps be taken to initiate the required publication and 90-day public comment period on the proposed Solid Waste Plan Amendment; and WHEREAS, a 90-day public comment period was held from December 14, 2013-March 17, 2014 and was widely publicized to all Oakland County municipalities, adjacent counties, the Board of Commissioners, the MI Department of Environmental Quality, SEMCOG and other interested parties; and WHEREAS, notice of the public comment period and date of a public hearing was published in The Oakland Press on December 13, 2013 and all corresponding documents were available for public review in the Oakland County One Stop Shop, as well as on the Oakland County website; and WHEREAS, the applicant Pontiac, LLC and Rizzo Properties LLC has agreed to revise its application to remove any reference to the Clinton Valley Farms Landfill in Macomb County in its application; and WHEREAS, the applicant Pontiac, LLC and Rizzo Properties LLC has agreed to revise its application to clarify that it's requesting, a Type A Transfer Station and Waste Processing Facility to be located on the same piece of property in Pontiac at 900 Baldwin Avenue; and WHEREAS, the applicant Pontiac, LLC and Rizzo Properties LLC has agreed to a host community agreement with the City of Pontiac to provide the City of Pontiac additional benefits for hosting the Type A Transfer Station, and Waste Processing Facility ; and WHEREAS, a public hearing was held on February 26, 2014 at the Oakland County Executive Office Building and members of the public spoke of their opinions on the proposed amendment for the proposed Type A Transfer Station and proposed Waste Processing Facility; and WHEREAS, the SWPC met after the end of the 90-day public comment period and reviewed the transcript of the public hearing and considered all written and verbal public comments received during the meetings and public comment period; NOW, THEREFORE BE IT RESOLVED, that the SWPC does hereby forward and recommend to the Oakland County Board of Commissioners that the Solid Waste Management Plan of 1999 be amended to include the Type A Transfer Station with a capacity to process up to 1,750 tons per day and Waste Processing Facility to be located at 900 Baldwin Avenue as more specifically described the Requested Amendment application of Pontiac Baldwin, LLC and Rizzo Properties LLC and that if approved by the Oakland County Board of Commissioners that the Requested Amendment be transmitted to the 60 Oakland County municipalities covered by the Solid Waste Management Plan for approval. Upon receipt of 41 affirmative municipal resolutions, the Requested Amendment should be transmitted to the Michigan Department of Environmental Quality for final approval by the Director. AYES: (11) Balagna, Csapo, DePalma, Gramlich, Hoffman, Mangus, Myers, Percival, Ryan, Vaara, Mannou NAYS: (1) Galed (ABSENT: Kendall, Rosen) 3/26/2014 Pontiac City Council Resolution Whereas, the City of Pontiac received letters from Rizzo Environmental Services, Inc, offering to supplement the Host Community Agreement date June 28, 2013 and amended August 13, 2013; and Whereas, The City of Pontiac desires to accept the terms of the letters; Therefore, be it resolved that the Pontiac City Council approves the Memorandum of Understanding as presented and authorizes the City Administrator to exercise the document. The Pontiac City Council approved this resolution at a special meeting held on March 24, 2014. Moved by Councilperson Woodward and supported by Councilperson Taytor-13urks Ayes: Randy Carter, Mary Pietila, Doris Taylor-Burks, Patrice Waterman, Kermit Williams, & Don Woodward. No: None Abstain: Mark Holland Given under the hand this 24th day of March 2014. 1, Sherikia L. Hawkins certify that this is a true resolution. RIZZO 6200 Elmridge, Sterling Hts., MI 48313 866-772-8900 Fax: 586-795-2740 888-U.S.RIZZO Ri zvServices.com March 27, 2014 Planning and Building Committee County of Oakland 1200 Telegraph Road Pontiac, MI 48341 Re: Request for Amendment to Oakland County Solid Waste Plan Dear Chairman Runestad and Committee Members: We are very pleased to report to you that Rizzo Environmental Services, Inc. ("Rizzo") has made substantial progress in our efforts to redevelop the former Pontiac Fiero plant site into a transfer station/waste processing plant. Yesterday, the Oakland County Solid Waste Planning Commission, by an 11-1 vote, approved the recommendation for the requested Amendment. This approval followed on the heels of a vote on Monday, March 24" by the Pontiac City Council, by a 6-0 margin, approving support of the Amendment and a modification to the Host City Agreement for additional benefits to Pontiac. I have attached the Pontiac resolution for your review. We are extremely pleased with these two significant developments. At this juncture, we need your approval to send this matter to the full Oakland County. Board of Commissioners as part of the statutory approval process. We respectfully request your consideration for approval of the Amendment to the County Solid Waste Plan (the "Rizzo Amendment"). For the reasons stated below, we urge affirmative action by the Committee: Amendment Compliance with State Environmental Goals. The Rizzo Amendment will comply with State environmental goals, as stated in Part 115 of the Michigan Natural Resources and Environmental Protection Act, which encourage the following: 0 "This part shall be construed and administered to encourage and facilitate the effort of all persons to engage in source separation and site separation of material from solid waste, and other environmentally sound measures to prevent materials entering the Planning and Building Committee County of Oakland March 27, 2014 Page 2 waste stream or which encourage the removal of materials from the waste stream." MCL § 324,11507(2). • "The state shall develop policies and practices that promote recycling and reuse of materials and, to the extent practical, minimize the use of landfilling as a method of disposal of its waste." MCL § 324.11514(1). • Compliance with County Solid Waste Plan. The Rizzo Amendment complies with the policies of the County Solid Waste Plan, including: o Ensure that solid wastes are source separated so that imbedded resources may be easily collected, processed and recovered; o Achieve a reduction in percentage of solid wastes that are destined for either incineration and/or landfilling; o That all Oakland County solid waste generators have access to a full range of solid waste handling, processing, and disposal services; and o The Plan's Enforceable Program provides for high compaction waste transfer in order to increase the density of loads that are transported to landfills, thus lowering tip fees at those landfills and/or reducing transportation costs. • Increased Active Capacity. During the course of the Solid Waste Planning Committee's meetings, we have heard the suggestion that perhaps there is enough capacity in Oakland County with other licensed transfer stations. However, several of those licensed facilities are either closed, not active or at a low capacity of usage. Clearly, the overwhelming majority of Oakland County communities do not utilize transfer stations to reduce waste to landfills. With the exception of SOCRRA, in essence, the other transfer stations are not serving the citizens of Oakland County at any substantial level. Unlike those transfer stations, the new transfer station/processing plant facility will be active and allow waste from 11 Oakland County communities served by Rizzo to be processed and benefit from source separation. * Benefits to the Environment. The Rizzo Amendment will provide significant benefits to the environment, including: Planning and Building Committee County of Oakland March 27, 2014 Page 3 o Reduced mileage on County roads and expressways by eliminating numerous trucks traveling to landfill facilities; o Reduced consumption of gasoline due to reduced truck traffic, which will improve the County's "carbon footprint"; and o By removal of recyclable and salvageable material at the transfer station/processing plant, based on Rizzo's experience, it is estimated that there will be a reduction of at least 10% in tonnage going to landfills. • Benefits to the Local Community. The Rizzo Amendment will take a currently vacant, previously contaminated former industrial site into a "green" facility, including the transfer station/processing facility, single stream recycling center and citizens drop-off recycling center. By virtue of the recently approved Memorandum of Understanding, Rizzo increased its payments to the City of Pontiac from $.50 to $1.25 per ton — a 150% increase. In addition, the City will receive benefits from real estate taxes, personal property taxes and income taxes. Rizzo has committed to preferential hiring for Pontiac residents. Also, at no charge to the City of Pontiac, Rizzo will develop and operate a citizens' recycling center, as requested by Pontiac's elected officials. • Creation of a "Green Campus." The proposed transfer station will be part of a "green campus" at the former Pontiac Fiero site. Along with the transfer station/processing facility, Rizzo is planning to construct a single stream recycling plant and a Pontiac Citizens Recycling Drop-Off Center. The implementation of the complete "green campus" will provide facilities that will be unmatched on any one site in Oakland County. • Lack of Objections. The public comment period and the public hearing before the Solid Waste Planning Committee did not reveal any significant objections to the Rizzo Amendment. No Oakland County community or industry competitor objected to the Rizzo Amendment. In fact, comments at the public hearing from Pontiac community leaders were very supportive. We have appreciated the support of your colleague, Commissioner Mattis Hatcheft throughout this process. Her support has been very helpful and we thank her for her efforts. Planning and Building Committee County of Oakland March 27, 2014 Page 4 Rizzo respectfully requests that the Committee approve its Amendment to allow continuation of the process to ultimately achieve approval and licensure by the Michigan Department of Environmental Quality. We appreciate your thoughtful consideration of this rOPINSt and knAterci t9 gliSPOSing thiS ArnerictMent in further cl@tail at the ming April 1 5' meeting. ily,yours, ; Chtles B. Rizzo, Jr. CE /Presirient Rizzo EnvironMental Services Attachment cc: Commissioner Mattie Hatchett Joseph Munem Dennis Cowan, Esq. Richard Manczak, Esq. Resolution #14075 April 17, 2014 Moved by Crawford supported by Zack the resolutions (with fiscal notes attached) on the amended Consent Agenda be adopted (with accompanying reports being accepted). Discussion followed. Vote on amended Consent Agenda: AYES: Dwyer, Gershenson, Gingell, Gosselin, Hatchett, Hoffman, Jackson, Long, Matis, Middleton, Quarles, Runestad, Scott, Spisz, Taub, VVeipert, Woodward, Zack, Bosnic, Crawford. (20) NAYS: None. (0) A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the amended Consent Agenda were adopted (with accompanying reports being accepted). it( I HEREBY APPROVE THIS RESOLUTION CHIEF DEPUTY COUNTY EXECUTIVE ACTING PURSUANT TO MCL 45.559A (7) STATE OF MICHIGAN) COUNTY OF OAKLAND) Lisa Brown, 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 April 17, 2014, 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 17 .h day of April 2014. Lisa Brown, Oakland County