Washtenaw County Brownfield Redevelopment Authority REGULAR MEETING AGENDA Thursday, December 5, 2019 200 N. Main, Ann Arbor, MI Lower Level Large Conference Room 1. Call to Order 2. Public Comment* 3. Approval of Agenda 4. Approval of Minutes a. November 7, 2019 Meeting 5. Board Member Conflict of Interest Disclosure 6. Business 1. Grandview Commons Eligible Activity Reimbursement – Action 2. 1140 Broadway Eligible Brownfield Activity Approval – Action 3. 1514 White Street LBRF Eligible Activity Approval – Action 4. 301 N. East Street, Rockwell Building, Brownfield Plan Approval – Action 5. 301 N. East Street, Rockwell Building, DDA Interlocal Agreement Approval – Action 6. 1140 Broadway Environmental Assessment Grant, EGLE – Action 7. Ypsilanti Community Schools School Sites Phase I Environmental Assessment Grant RFP Approval – Action 8. 2020 WCBRA Meeting Calendar – Action 9. November 2019 Financial Report – Information 7. Other Business 8. Public Comment* 9. Adjournment *All public comment will be limited to three (3) minutes per person For more information on this agenda please contact Nathan Voght, Washtenaw County Office of Community and Economic Development at (734) 544-3055 or [email protected]. Washtenaw County Brownfield Redevelopment Authority (WCBRA) 200 N. Main, Lower Level Conference Room DRAFT MEETING MINUTES Thursday, November 7, 2019 Board Present: Allison Krueger, Trevor Woollatt – Vice-Chair, James Harless, Jason Morgan, Sybil Kolon, Board Absent: Jeremy McCallion – Chair (Excused), Joe Meyers (Excused), Todd Campbell (Excused), Matt Naud - Secretary/Treasurer (Excused) Staff: Nathan Voght In Attendance: Don Tilicki – Norstar Development, 1514 White Street LBRF Grant Handouts: Revised Meeting Agenda, Revised October 2019 Financial Report 1. Call to Order Vice-Chair Woollatt called the meeting to order at 9:42 a.m. 2. Public Comment There was no public comment. 3. Approval of Agenda J. Morgan moved to approve the revised agenda (2nd J. Harless), and the motion passed unanimously. 4. Approval of October 3rd, 2019 Meeting Minutes J. Harless had several suggested edits to page 2 of the minutes. J. Harless moved to approve the minutes with the noted revisions (2nd S. Kolon), and the motion passed unanimously. 5. Board Member Conflict of Interest Disclosure No conflicts were declared. 6. Business 1. Downriver Community Conference Associate Member Renewal Fee – Discussion T. Woollatt asked about the removal of the previous agenda item #1, Grandview Commons Eligible Activity Reimbursement, and staff indicated their environmental consultant was not available so they requested postponing until December. Mr. Woollatt asked about some of the due diligence invoices and that they are old, and staff indicated all activities, with the exception of due diligence, must not have occurred more than 24 months prior to submittal. N. Voght referred to the 2019-2020 DCC Associate Member invoice received, for approximately $30,000, and the response letter sent to the DCC Chair, from the Board Chair J. McCallion. Staff explained that we knew this increase was coming, and were advised by the DCC Director to respond with an explanation of why the fee was too high and propose an alternative. Staff is asking for Board direction on what fee level would be acceptable to continue to have access to DCC funding. J. Harless stated that calculating the fee based on population doesn’t make sense in our case. He asked if we knew what percentage of the dues paid by regular DCC members goes to support the Brownfield Consortium. Mr. Voght stated he did not know. Mr. Harless further asked it would be good to know how much grant and loan funding the DCC has access to right now, and how much is anticipated for the next 1-2 years, and staff stated that is not clear, and sometimes hard to determine. Staff suggested that the way for the Board to look at this could to decide how much funding the County brownfield program has available to pay these dues, and what is having access to the potential DCC brownfield funding moving forward worth to our organization. A. Krueger suggested that $5,000 be offered. J. Harless moved to request staff contact DCC leadership to offer a $5,000 fee be set for Washtenaw County’s continued Associate membership in the DCC, but with a minimum 2-year commitment, (2nd A. Krueger), and the motion passed unanimously. 2. 1514 White Street LBRF Infrastructure Expense Approval – Action Staff referred to the costs submitted for approval by the developer, including stormwater management, fire suppression, water/sewer leads, and cutting/capping of old leads. Approximately $287K in costs are included. Don Tilicki, from Norstar, the developer, is present and commented on the City’s stormwater management requirements that all stormwater needs to be captured and managed. Staff had specific questions about the catch basins and pipes leading to/from the underground detention system, and whether they can be considered part of the “urban stormwater management” eligible system. The Board discussed infrastructure, and that the MEDC policy is that costs for upgrading public mains are eligible, but not private leads serving individual properties. Staff stated that it was his understanding that any infrastructure within public rights-of- way or public easements would be eligible. J. Harless stated that only infrastructure benefitting the wider public would be eligible. Staff asked about fire suppression leads, and the Board stated they did not believe that eligible. Staff suggested that the Board at least approve $14,100 in costs today, which includes $9,250 in demolition costs for removal of a manhole, and $4,850 in demolition costs for removal of existing water/sanitary sewer leads (cut and cap). J. Harless moved to approve $14,100 in additional Eligible Activities for LBRF grant reimbursement (2nd J. Morgan), and the motion passed unanimously. 3. 301 N. East Street, Rockwell Building, Form Brownfield Plan Review Sub-Committee, Chelsea – Action Staff stated a formal brownfield application and fee have been submitted, and a draft Brownfield Plan is expected today or tomorrow. The Plan will need quick review as it will go to Chelsea City Council on Monday, November 18th. The Board volunteered M. Naud, J. McCallion and J. Harless to form the committee and assist with review of the draft Brownfield Plan. 4. Ypsilanti Community Schools School Sites Phase I Environmental Assessment Grant Application – Action N. Voght discussed the three former schools sites that the School district is examining for potential disposition. The County Office of Community and Economic Development (OCED) is assisting the school district in assessing these sites, which includes a need for Phase I and title work. The district has few resources and staff time to take on such an initiative, therefore OCED is assisting. The Board discussed title work, and if it’s eligible, and members stated it can be part of a Phase I, and is therefore eligible. S. Kolon moved to approve Phase I Environmental Assessment Grant, up to $20,000, for the three Ypsilanti Community Schools former school sites (2nd J. Morgan), and the motion passed unanimously. 5. 300 N. Zeeb, Form Brownfield Review Sub-Committee – Action Staff indicated Scio Township has been approached by a developer to redevelop the northeast corner of I-94 and Zeeb Road. Staff will be presenting to the Scio Township Board of Trustees on brownfields generally, and the brownfield process. A formal application and draft Plan is expected within a month or so. The developer is working with PM Environmental. J. Harless and S. Kolon volunteered. Staff would ask another Board member not currently attending the meeting to volunteer as well. The question of whether special assessments can be captured by Brownfields arose. Staff suggested he call Jim Mills at the State of Michigan with the question. J. Morgan left the meeting at 10:40 a.m. 6. October 2019 Financial Report - Action Staff referred to the revised report, where the State of Michigan 3 SET mills invoice was added, with payments due on six Brownfield sites are due within 60 days. However, a quorum no longer exists, so no action is possible at this time. 7. Other Business None. 8. Public Comment: None. 9. Adjournment: The meeting adjourned at 10:45 with no quorum present. These minutes were approved by the Washtenaw County Brownfield Redevelopment Authority at the _________________, 2019 Meeting. Washtenaw County Brownfield Redevelopment Authority Agenda Summary Memo Regular Board Meeting 9:00 a.m., Thursday, December 5, 2019 200 N. Main, Lower Level Conference Room TO: Washtenaw County Brownfield Authority FROM: Nathan Voght, Washtenaw County Brownfield Coordinator DATE: November 27, 2019 1. Grandview Commons Eligible Activity Approval – Action Please see enclosed a spreadsheet of submitted Eligible Activities being requested by the developer of this project. A total of $1,552,678 is being requested, which includes Environmental Investigations, Due Care Plans, Soil Management, Vapor Mitigation, Dewatering, Oversight and Project Management, Excavation, Backfill and Compaction, Brownfield Plan/Work Plan Preparation, Building and Site Demolition, Lead and Asbestos Abatement. The state/local and local-only breakdown is as follows: Total $1,552,678 Local and State TIF Reimbursement $1,012,033 Local Only TIF Reimbursement $540,645 (inc. $46,436 in Demo Contingency) Here is Table 1 from the Brownfield Plan, including all possible Eligible Activities, including 5% interest up to $469,812 (not yet charged). Here is a detailed Eligible Activity Cost list from the Brownfield Plan: 2 Note the red box above includes all the costs for “Soil Management” that appear in the submitted summary spreadsheet. HERE IS A LINK TO THE BACK-UP DOCUMENTATION. Please refer to AKTPeerless’ cover letter dated July 26, 2019 from Jeremy Fox describing the development and environmental activities that have occurred, and confirming the activities have been completed in the previous 24 months, and certifying that the activities described were completed in accordance with all applicable local, state, and federal guidelines, and in accordance with the approved Brownfield Plan and Work Plan.