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HomeMy WebLinkAboutResolutions - 2008.07.31 - 9487Resolution #08145 July 17, 2008 MISCELLANEOUS RESOLUTION #08145 July 17, 2008 BY: Planning and Building Committee, Sue Ann Douglas, Chairperson IN RE: WASTE RESOURCE MANAGEMENT UNIT - RESOLUTION APPROVING THE PROVISIONS OF A BROWNFIELD PLAN FOR THE 4000 WEST ELEVEN MILE PROJECT IN THE CITY OF BERKLEY To the Oakland County Board of Commissioners . Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioners, pursuant to and in accordance with the provisions- of the Brownfield Redevelopment Financing Act, being Act 381 of the Public Acts of th'e State of Michigan of 1996, as amended (the "Act"), has established a redevelopment of Brownfields Redevelopment Authority and Board (OCBRA) to facilitate the clean-up and redevelopment of Brownfields within Oakland County's communities; and WHEREAS the 4000 West Eleven Mile Road site in The City of Berkley . is an environmental hazard, a 'facility" under state statute and a non-producing parcel; and WHEREAS a Brownfield clean-up and redevelopment plan (the "Plan) has been prepared to restore the environmental and economic viability of this parcel which the OCBRA has reviewed and modified; and WHEREAS pursuant to OCBRA by-laws, a local committee has been appointed, participated in discussions regarding the proposed plan and project, reviewed the plan, and recommends its approval; and WHEREAS the members of the City Board have reviewed the Plan, and have been provided a -reasonable opportunity to express their views and recommendations regarding the Plan in accordance with Sections 13 (13) of the Act, and have unanimously approved the resolution declaring their concurrence with the provisions of the Plan (attached); end WHEREAS the OCBRA, pursuant to and in accordance with Section 13 of the Act, has unanimously .approved a resolution (attached) adopting the Plan, procedures for cost reimbursement, and is recommending the adoption of the Plan by the Planning and Building Committee and the Board Of Commissioners to be carried out within the City of Berkley, relating to the redevelopment of 4000 West Eleven Mile Road located at the northwest corner of West Eleven Mile and Thomas Avenue (the "Property"). NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners does hereby adopt the Plan to be carried out within the City of Berkley relating to the redevelopment of 4000 West Eleven Mile Road located at the northwest corner of West Eleven Mile and Thomas Avenue (the "Property"). BE IT -FURTHER RESOLVED that a public hearing on the adoption of the Brownfield Plan approved by the Oakland County Brownfield Redevelopment Authority for 4000 West Eleven Mile Road, located in the City of Berkley, shall be held on Thursday July 17, 2008, at 9:40 a.m. in the Board Of Commissioners' Auditorium, 1200 North Telegraph Road, Pontiac, Michigan. Chairperson, on behalf of the Planning & Building Committee, 1 move the adoption of the foregoing resolution. PLANNING & BUILDING COMMITTEE PLANNING & BUILDING COMMITTEE VOTE: Motion carried unanimously on a roll call vote with Gingell absent. The Chairperson referred the resolution to the Finance Committee. There were no objections. RESOLUTION TO APPROVE A BROWNFIELD REDEVELOPMENT PLAN FOR THE SES BERKLEY BROWNFIELD SITE May l5 2008 WHEREAS, the SES Berkley project has been classified a environmental hazard, a "facility' under state statute, and a non-producing parcel for many years; and, WHEREAS, a clean up and redevelopment plan has been established to restore the environmental and economic viability of this parcel; and. WHEREAS, a local committee has been appointed_ reviewed the plan and recommends its approval; and, WHEREAS, the BRA Board has reviewed the proposed plan; now, WHEREAS, to approve the Brownfield Redevelopment Plan for the SES Berkley project as presented and considered at the May 15, 2008 OCBRA Board meeting, along with the procedures for cost reimbursement, both attached; and, THEREFORE, BE IT RESOLVED, the Brownfield Plan for the SES Berkley project was approved by the OCBRA on May 15, 2008 by a majority vote of 7 yeas to 0 Nays. BE IT FURTHER RESOLVED, to recommend the adoption of this plan by the Oakland County Board of Commissioners, and its Planning & Building and Finance Committee's Yeas: Crawford, Etkin, Hunter, Lerminiaux, Webster, Williams, Wilson Nays: R-26-08 A RESOLUTION of the Council of the City of Berkley. Michigan Concurring with the Provisions of A Brownfield Plan Adopted by the Oakland County Brownfield Redevelopment Authority for the 4000 West Eleven Mile Road Project WHEREAS, the Oakland County Board of Commissioners, pursuant to and in accordance with the provisions of the Brownfield Redevelopment Financing Act, being Act 381 of the Public Acts of the State of Michigan of 1996, as amended (the "Act"), have-established a Brownfield Redevelopment Authority and Board (OCBRA) to facilitate the clean up and redevelopment of BrownfielcIs•within Oakland County's communities; and WHEREAS, the 4000 West Eleven Mile Road Project in the City of Berkley is an environmental hazard, a "facility" under state statute; and WHEREAS, a Brownfield clean up and redevelopment plan (the "Plan") has been prepared to restore the environmental and economic viability of this parcel which the OCBRA has reviewed and modified; and WHEREAS, pursuant to OCBRA by-laws, a local committee has been appointed, participated in discussions regarding the proposed plan and project, reviewed the plan, and recommends its approval; and WHEREAS, the OCBRA, pursuant to and in accordance with Section 13 of the Act, shall consider recommending that the Oakland County Board of Commissioners approve the Brownfield Plan to be carried out within the City of Berkley, relating to the redevelopment of the 4000 West Eleven Mile Road Project located at 4000 West Eleven Mile (the 'Property"); and WHEREAS, the members of the City Council have reviewed the Plan, and have been provided a reasonable opportunity to express their views and recommendations regarding the Plan in accordance with Sections 13(13) of the Act; and NOW, THEREFORE, THE CITY OF BERKLEY RESOLVES: SECTION 1 : That the City Council of the City of Berkley hereby concurs with the provisions of the Plan including approval of the Plan by the Oakland County Board of Commissioners and implementation of the Plan by the Oakland County Brownfield Redevelopment Authority. SECTION 2: That should any section, clause or phrase of this Resolution be declared by the courts to be invalid, the same shall not affect the validity of this Resoiution as a whole nor any part thereof other than the • part so declared to be invalid. SECTION 3: That all resolutions or parts of resolutions in conflict with any of the provisions of this Resolution are hereby repealed. I, Karen L. Brawn, being the duly appointed Clerk for the City of Berkley, do hereby certify that this is a true and correct copy of a resolution approved by the Berkley City Council at its regular meeting held on Monday, May 19, 2008. 174) Karen L. Brown, City Clerk OAKLAND COUNTY, MICHIGAN •BROWNFIELD REDEVELOPMENT AUTHORITY BROWNFIELD PLAN FOR: 4000 WEST ELEVEN MILE ROAD BERICLEY, MICHIGAN May 2008 Oakland County Brownfield Redevelopment Authority (OCBRA) Contact: Mr. Bradley Hansen Environmental Pronram Coordinator Oakland County Government 2100 Pontiac Lake Road 41W Waterford, Michigan 48238 Phone 248-858-8073 Prepared with the assistance of: PM Environmental, Inc. 22655 South Chrysler Drive Hazel Park, Michigan 48030 Approved by the Brownfield Redevelopment Authority on: Approved by the govemins: body of the local jurisdiction on: TABLE OF CONTENTS I. INTRODUCTION AND PURPOSE 1 II. GENERAL DEFINITIONS AS USED IN THIS PLAN 111. ELIGIBLE PROPERTIES WITHIN.THE BROWNFIELD ZONE A.. Description of Costs to Be Paid for With•Tax Increment Revenues and Summary of Eligible Activities 3 B. Estimate of Captured Taxable Value and Tax increment Revenues 4 C. Method of Financing and Description of Advances by the Municipality ..4 • D. Maximum Amount of Note or Bonded Indebtedness 5 E. Duration of Brownfield Plan 5 F. Estimated impact of Tax Increment Financing on Revenues of Taxing Jurisdictions 5 . G. Legal Description, Property Map and Personal Property 5 H. Estimates of Residents and Displacement of Families 5 I. Plan for.Relocation of Displaced Persons. 5 I. Provisions for Relocation Costs 5 K. Strategy for Compliance with Michigan's Relocation Assistance Law 6 L. Description of Proposed Use of Local Site Remediation Revolving Fund 6 M. Other Material that the Authority or Governing Body Considers Pertinent 6 N. OCBRA Eligible Activity Cost Reimbursement Procedures 6 APPENDICES Appendix A Summary of Information Demonstrating the Site is a Facility Appendix B Proposed Site Development Diagrana Appendix C Summary of Tax Increment Financing, Appendix D Legal Description Appendix E Map of the Property with Current Site Features I. INTRODUCTION AND PURPOSE The Oakland County Brownfield Redevelopment Authority (Authority; OCBRA) is authorized to exercise its powers within the municipal limits of the City of Berkley. This Brownfield Plan applies to the subject property located at 4000 West Eleven Mile Road, which is within the boundaries of the City of Berkley, Oakland County, Michigan. The subject property is the site of a proposed commercial building redevelopment. The purpose of this Plan, to be implemented by the Authority, is to satisfy the requirements for a Brownfield Plan as specified in Act No. 145 of the Public Acts of 2000, M.C.L. § 125.2651 et. seq., as amended, which is known as the "Brownfield Redevelopment Financing Act." Tax increment financing through OCBRA will be used to assist SES Energy Solutions, Inc. (Business Entity to own the subject property is 4000 West Eleven Mile Road II, LLC) in performing eligible activities needed to prepare the brownfield subject property for redevelopment. H. GENERAL DEFINITIONS AS USED IN THIS PLAN All terms used in this Brownfield Plan are defined as provided in the following statutes, as appropriate: • • The Brownfield Redevelopment Financing Act, 1996 Mich. Pub. Acts. 381, M.C.L. § 125.265] et seq.; as amended. Section 38d and 38g of the Single Business Tea Act, 1975 Mich. Pub. Acts. 228, M.C.L. § 208.1 — 208.145, as amended. Part 207 of the Natural Resources and Environmental Protection Act, 1994 Mich. Pub. Acts 451, M.C.L. § 324.20101 et seq., as amended. BLI. ELIGIBLE PROPERTIES WITHIN TITLE BROWNFIELD ZONE Subject Property The subject property is located in the City of Berkley at 4000 West Eleven Mile Road. The subject property consists of approximately 0.73 acres of land with three (3) parcels (2548-352- 027, 25-18-352-028, and 25-18-352-030) located at the northwest corner of West Eleven Mile Road and Thomas Avenue. The subject property is developed with a one (1) story industrial manufacturing building and a first and second story office space. The building is made up of two (2) separate and distinct areas. The eastern segment consists of a two (2) story office structure and historical manufacturing area which extends towards the northern alleyway. The western segment consists of one (I) story former shipping and receiving areas, and former manufacturing and production areas which extends to the west. Prior to 1940 the subject property was agricultural land and the first developed use of the property was in the late 1940s as two (2) residential dwellings located on the northeastern portion of the property. These two (2) dwellings were demolished between 1955 and 1964 when the northeastern portion of the property was converted into a parking lot. The southeast corner of the property was developed in 1951 and consisted of a two (2) story office and manufacturing building. An addition to the manufacturing building was constructed onto the west side of the building in 1973. A review of the City Directory Abstract indicates that the subject property was occupied by Fuller Tool Company since at least 1955 through at least 2002. The property has been unoccupied since at least 2005. The subject property is located within a commercial and residential area of the City Cityof Berkley and is currently zoned M4 Industrial. West Eleven Mile Road is a commercial thoroughfare, with residential neighborhoods on side streets adjacent to the commercial properties. The property is bounded by Thomas Avenue to the east and Eleven Mile Road to the south. The property is bordered to the north by residential developments and to the west by a surface parking lot and associated commercial business. Identification of the Property as a "Facility" • The subject property is identified as a "facility' based on the presence of arsenic and chronaitmi in soil at concentrations that exceed MDEQ Part 201 Tier 1 Drinking Water Protection (DWP), • Groundwater Surface Water Interface Protection (GSEP), and/or Soil Direct Contact (SDC) Cleanup Criteria. A Category "N" Baseline Environmental Assessment (BEA), dated February 12, 2008, documenting the "facility" status is provided in Appendix A. Current plans envision • redevelopment of the property into a commercial building to be utilized by SES Energy Solutions, Inc. (SES) which is a commercial business that provides mechanical, electrical, plumbing, and fire protection engineering services for all types of commercial buildings. Successful redevelopment is currently hindered by the presence of hazardous substances and environmental impacts on the property. Project Description SES has selected 4000 Eleven Mile in City of Berkley in Oakland County as the headquarters for their new office. Although the facility will be used primarily as an engineering office it will also be used as a working demonstration of practical and efficient energy systems including geothermal heating and cooling. The new conference room will be used as a technical training room to educate clients on alternative and renewable energy technologies. The development will consist of the complete renovation of an existing former tool and die building. The building is approximately 13,200 squnre feet, is over 50 years old, and will be renovated to the block walls and floor. A new geothermal heating and cooling ventilation system and heat pumps will be utilized along with new electrical, roof, plumbing, windows and doors and all interior walls. The renovated building will be a high performance building with respect to energy consumption. The building will house SE S's current 21 Metro Detroit employees and have additional capacity for 20 new employees over the next five (5) years. The current staff consists of licensed professional engineers, unlicensed degreed engineers, designers, and support staff. Salaried engineers earn from 545,000 to 5100,000 per year. Hourly staff earns from $12/hour to 525/bour. All fill time employees are offered an excellent benefits package. The total capital investment is expected to be $1,000,000 with approximately S585,000 in eligible investments. 4000 West Eleven Mile Road IL, LLC intends to use brownfield redevelopment tax increment financing to reimburse the cost of eligible environmental activities needed ,to prepare the property for safe redevelopment and reuse. Additionally, 4000 West Eleven Mile Road II., LLC may seek a "mini" Michigan Business Tax (MET) credit for the project. A. Description of Costs to Be Paid for With Tax Increment Revenues Cost Summary. The following summary lists potential costs based on previous site characterization investigation results. This Plan includes a summary of estimated Eligible Activities. • If further site activities determine that these estimates must be modified, a Brownfield Plan amendment (if necessary) will be prepared for review and approval by OCBRA to finalize the tax increment component of this Plan. Tax increment revenues will be used to reimburse 4000 West Eleven Mile Road II , LLC for Eligible Activities necessary to (a) evaluate the nature and extent of contamination or other hazardous substances present at unacceptable levels in soil and/or groundwater on the subject property, (b) identify and remove andJor remediate, if necessary, some or all of the soils and/or groundwater determined to contain ha7ardous substances in unacceptable Concentrations or which are not suitable for the construction of buildines thereon, (c) implement due care activities required by law (i.e., landscaping and repaving asphalt parking lot areas to eliminate Direct Contact pathway), and (d) implement other activities permitted under the Brownfield Redevelopment Financing Act. The activities would be implemented as follows: a. Preparation of Phase I Environmental Site Assessment (ESA), Baseline Environmental Assessment (BEA). and Due Care Plan at a cost of approximately S6.000. b. Preparation of Work Plans and Brownfield Plan and associated activities (e.g. meetings with OCBRA, etc.) at a cost of approximately S10.000. c. Approximately S30.000 may be spent for demolition of building windows, roofing materials, overhead doors. and miscellaneous interior structures. Approximately $50000 may be spent for landscaping and mill and repave asphalt parking lot to eliminate Direct Contact exposure for due care.. e. Approximately $8.500 may be spent to remove contaminated soil encountered during installation of Geothermal wells for the proposed Geothermal heating and cooling ventilation system. f. A contingency of $15.675 (approximately 15% of estimated project costs) is established to address unanticipated environmental and/or other conditions that may be discovered through the implementation of site activities. All activities are intended to be "Eligible Activities" under the Brownfield Redevelopment Financing Act. The total estimated cost of Eligible Activities subject to repayment or reimbursement . from tax increment revenues, is approximately $104.500, with a potential $15.675 contingency, resulting in an approximate total cost of $120.175. In addition to the Eligible Activities described above, this Plan includes achnipistrative fees for the OCBRA at $1,000/year and .capture of an additional five (5) years of taxes for the local Revolving Loan Fund at $5,000/year. B. Estimate of Captured Taxable Value and Tax Increment Revenues Incremental taxes on real property included in the redevelopment project will be captured under this Brownfield Plan to reimburse eligible activity expenses. The taxable value of the real property was $274,950 for the current tax year; no personal property is associated with the site. The estimated market value of the completed development is $1,200,000 at completion of the development in 2008. This assumes a one-year phase-in for completion of the redevelopment, which has been incorporated into the tax impact 'and cash flow assumptions for this plan. An annua.1 increase in taxable value of 3% has been used for calculation of future tax increments in this plan. The estimated captured taxable -Value and tax increment revenues for the eligible property for each year of the plan are presented in Appendix C. The tax increment and capture year data presented in Appendix C are estimates based on currently available information. It is the intent of this Plan to provide for capture of all eligible tax increments in whatever amounts and in whatever years they become available until all project costs described in this plan are paid, Estimates Tax Increment Revenue Captured by the Authority: Over the life of the Plan the maximum tax increment captured by the Authority will be as follows: Oakland County Brownfield Redevelopment Authority Administrative Fees (17 years): $17,000 Revolving Loan Fund (5 years): $25,000 C. Method of Financiny, and Description of Advances by the Municipality Redevelopment activities at the property will be initially funded by 4000 West Eleven Mile Road 11, .LLC, the property owner. Costs for eligible activities funded by 4000 West Eleven Mile Road II, LLC will be repaid under the Michigan brownfield redevelopment financing program (Michigan Act 381 of 1996, as amended) with incremental taxes generated by future development of the property. No advances will be made by the OCBRA or the City of Berkley for this project, D. Maximum Amount of Note or Bonded Indebtedness No note or bonded indebtedness will be incurred by any local unit of government for this project. E. Duration of Brownfield Plan Incremental tax capture is expected to begin in 2008 and continue for up to 13 years. The OCBRA will capture an additional five (5) years for a total duration of 17 years. The Brownfield Plan will remain in effect for that time period. Extension of the Brownfield Plan will be at the discretion of the OCBRA, upon a request for extension from 4000 West Eleven Mile Road El, LLC. F. Estimated Impact of Tax Increment Financing on Revenues of Taxing Jurisdictions Tax increment revenues generated by the redevelopment will be captured by the OCBRA. The impact of the BRA tax capture on local taxing authorities is presented in Appendix C. G. Legal Description. Property Map and Personal Property The legal description of the property included in this plan is attached-in Appendix D. A map of the property with current site features is included in Appendix E.. Personal property is not included at par of the eligible property and tax increment capture. H. Estimates of Residents and Displacement of Families No persons reside at property and no families or individuals will be displaced as result of this development. No occupied residences are involved in the development. Therefore, a demographic survey and information regarding housing in the community are not applicable and are not needed for this Plan. Plan for Relocation of Displaced Persons No persons will be displaced as a result of this development. Therefore, a plan for relocation of displaced persons is not applicable and is not needed for this plan. J. Provisions for Relocation Costs No persons will be displaced as a result of this, development and no relocation costs will be incurred. Therefore, provision for relocation costs is not applicable and is not needed for this Plan. 5 K. StTategy for Compliance with Michigan's Relocation Assistance Law No persons will be displaces as result of this development. Therefore, no relocation assistance strategy is needed for this plan. No persons will be displaced as a result of this development, and therefore, no relocation costs will be incurred. L. Description of Proposed Use of Local Site Remediation Revolving Fund Taxes will captured from this project for the Local Site Remediation Revolving Loan Fund during the five (5) years following the complete capture of taxes for reimbursement of Eligible Activities described in Section ifi (A) above. These funds will be used for investigation and remediation on other Brownfield sites located within the Authority. No funds from the Local Site Rernediation Revolving Fund shall be used to finance the costs of Eligible Activities on the eligible property under this Plan. M. Other Material that the Authority or Governing Body Considers Pertinent The total estimated cost of eligible, activities incurred by 4000 West Eleven Mile Road II , LLC to be reimbursed from tax increment revenue under this Plan is S120.175. The actual amount of tax increment revenue utilized for the purpose of reimbursing the cost of eligible activities shall not exceed the amount of $120.175 without this Plan being amended by OCBRA. 4000 West Eleven Mile Road H. LLC and OCBRA shall enter into a Reimbursement Agreement containing additional terms and conditions related to the project described in this Plan. In accordance with this Plan and the Reimbursement A greement the Authority will repay the amount advanced by 4000 West Eleven Mile Road II, LLC for Eligible Activities solely from the tax increment revenues realized from the Property in accordance with the terms of the Reimbursement Agreement between 4000 West Eleven Mile Road 11, LLC and OCBRA. N. OCBRA Eligible Activity Cost Reimbursement Procedures Eligible Activity Cost Reimbursement Upon approval of a Brownfield Plan for eligible property Or the inclusion of additional parcels of eligible property in •a Brownfield Plan where the owner/operator proposes to seek reimbursement of costs for eligible activities at eligible property, the OCBRA shall require the owner/operator to comply with the terms and conditions specified herein including the schedules governing the capture of the taxes, requests for reimbursement, required documentation., determination of eligible activities and reimbursement process as more fully defined below. 6 Documentation of Eligible Costs Parties seeking reimbursement of costs of eligible activities attributable to eligible property should submit to the OCBRA requests for reimbursement on a monthly basis. These requests should include the following: 1. Reference to the Approved Brownfield Plan and parcel, 2. The total amount of the current monthly reimbursement request. • 3. The total amount of the reimbursement requests sought to date pursuant to the Approved Brownfield Plan. 4. Identification of each eligible activity as a line item, the associated costs, with copies of detailed invoices for the eligible activities and proof of payment.. (Parties seeking reimbursement should request detailed billings from contractors splitting out fees and costs of eligible activities from other services.) 5. Other information and documentation that may assist the OCBRA in determining • whether the costs are for eligible activities attributable to an eligible property and that • the costs are reasonable. This documentation may include evidence of a competitive bidding process and/or evidence that the costs are for eligible activities. 6. Certification by an authorized representative of the party seeking reimbursement that a) he or she has reviewed the request for reimbursement b) the costs are for eligible activities attributable to eligible property, c) the request is for costs incurred and paid and d) he/she is authorized to seek reimbursement and TO make the certification on behalf of the party seeking reimbursement. The OCBR.A will make the final determination of eligibility for all requests for reimbursement. Reimbursements will take place as tax capture allows. Reimbursement payment is expected to occur biannually: Within 90 days of receipt of taxes. No payments will be made if property taxes on any of the eligible properties are delinquent. The OCBRA will make every effort to follow the reimbursement schedules as specified in OCBRA Brownfield Plans. For a specific Brownfield Plan, the OCBRA will not reimburse prior to or in excess of the amount of taxes captured from the eligible property. Shortfalls in capture will result in proportionate reductions in allocations made for eligible activity reimbursements. OCBRA administrative and legal costs for establishment and administration of the Brownfield Plan governing the eligible property take priority for reimbursement over all other eligible costs. Any residual administrative allocations not expended in a fiscal year will be carried forward to reimburse eligible administrative, costs of the OCBRA The OCBRA reserves the right to deny or make partial reimbursement of requests for reimbursement, which it deems not in accordance with the Brownfield Plan, the Act and procedures, established by OCBRA for reimbursement. I E Erf, ! ur - .- 1 ZIE I Z iztl i ;6.t E 1 - I.E i --Fi • r. - J . - ... " ". RE 1 •g -- E sc;_-.7e.--; 5 E RE El ...., Bi ^-:-. • R °:= • P 1 . . giFA: _ ....z.. .....i -- • . _ . . „ . ii 12E . . ...,_Fa.E.' t.:: EEE • . .., ERE:E V iEE ..E ..:. R:".1Z F.-! •E, R.e'.; -1-. -- .... 1 " :'°".;4 9 1-.; li . . F °:.',V.77.' Rr-,E a•s L. e 111 - i 4 EREEIE iq 1--2•.- r. ., i I I a' i i 1 1 : : t ; . ;:.! •E u. i II :If 'it ' -?..h :0 f ..., 9 , ,.. olr H Et 1 ',1E3 -. .. - . ..0 r. 4 ' Resolution #08145 July 17, 2008 The Chairperson referred the resolution to the Finance Committee. There were no objections. FISCAL NOTE (MISC. #08145) July 31, 2008 BY: FINANCE COMMITTEE, MIKE ROGERS, CHAIRPERSON IN RE: WASTE RESOURCE MANAGEMENT UNIT - RESOLUTION APPROVING THE PROVISIONS OF A BROWNFIELD PLAN FOR THE 4000 WEST ELEVEN MILE PROJECT IN THE CITY OF BERKLEY TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. The resolution adopts a Brownfield Plan relating to the clean-up and redevelopment of property located at 4000 West Eleven Mile Road in the City of Berkley to restore the property's environmental and economic viability. 2. The developer, SES Energy Solutions, has assumed environmentally related development costs estimated at $120,175 including preparation of environmental site assessment, due care, preparation of work plans and the Brownfield Plan, demolition, landscaping and repaving, removal of contaminated soil, and contingency for other unanticipated environmental conditions. 3. The cost of these eligible plan activities will be reimbursed to the developer by the Oakland County Brownfield Redevelopment Authority (OCBRA) from tax capture based on the incremental value of the property. 4. No General Fund/General Purpose amendment or appropriation is required. FINANCE COMMITTEE FINANCE COMMITTEE Motion carried unanimously on a roll call vote with Rogers, Potter and Woodward absent. RESOLUTION ?/ I WHY APPROVE THE FOREGOL Resolution #08145 July 31, 2008 Moved by Rogers supported by Nash the resolutions (with fiscal notes attached) on the Consent Agenda be adopted (with accompanying reports being accepted). AYES: Burns, Coleman, Coulter, Crawford, Douglas, Gershenson, Gingell, Gosselin, Gregory, Greimel, Hatchett, Jacobsen, KowaII, Long, Middleton, Nash, Potter, Potts, Rogers, Scott, Spector, Woodward, Zack, Bullard. (24) NAYS: None. (0) A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the Consent Agenda were adopted (with accompanying reports being accepted). STATE OF MICHIGAN) COUNTY OF OAKLAND) I, Ruth Johnson, 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 July 31, 2008, 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 31st day of July, 2008. Ruth Johnson, County Clerk