Enviro testing OKed for fmr. industrial site

Oxford Village is finally going to learn whether or not a former industrial site it purchased 10 years ago has any contamination.

Last week, council voted 4-0 to approve a proposal from the Brighton-based ASTI Environmental to conduct a Phase II Environmental Site Assessment (ESA) for an amount not to exceed $6,600.

A Phase II ESA involves investigating a property’s recognized environmental conditions by doing things such as collecting and testing soil and groundwater samples.

A recognized environmental condition is defined as “the presence or likely presence of any hazardous substances or petroleum products in, on, or at a property.”

“We’re doing it so that we have a general idea of what we’re dealing with,” explained village attorney Bob Davis in a follow-up interview with this reporter.

A Phase I ESA of the 3.42-acre site identified recognized environmental conditions based on its history and various public records. No actual testing was conducted.

“(It’s) all done from a desk,” Davis said.

Prior to the village purchasing the site for $700,000 in March 2006, the property had been used for industrial purposes by Spearing Tool & Manufacturing, Sea Link International and Smith Silo.

“I don’t know if there’s any (contamination), but I don’t know if there’s not any,” Davis said.

The village has been trying to sell the site since November 2012, when residents voted 1,069 to 521 to grant the municipality the authority to do so.

So far, all attempts have failed. Over the years, uses ranging from light industrial to high-density residential have been proposed and considered, but nothing has come to fruition for one reason or another.

Local developer Chuck Schneider had an approved purchase agreement in place to buy the property in “as is” condition for $225,000 in order to build a 76-unit multifamily development, but council rejected his plan due to its high density. There was significant public opposition as people thought there were too many units being packed on a small site.

Davis noted Schneider had agreed to pay for all the environmental testing, do any cleanup if necessary and indemnify the village against any liability.

Earlier this year, the Sterling Heights-based Clearview Homes offered the village $305,000 for the property with the intention to construct single family homes on it.

However, Davis said Clearview Homes withdrew its offer because it was unwilling to pay for a Phase II ESA. “They didn’t want to (take) that next step,” he said.

Councilman Erik Dolan is hoping that knowing whether or not the site has any contamination will help the village eventually sell it.

“We cannot negotiate from a position of strength without having this information,” he said at the meeting.

The results of the Phase II ESA will not be immediately made available to the public because, in its motion, council voted to have the environmental testing managed under the veil of attorney-client privilege.

This was done per Davis’ recommendation. He explained his intent is not to prevent the public from ever seeing the results.

“I’m not going to hide it and bury it,” Davis said.

Davis simply wishes to oversee the process and have the opportunity to interpret the test results based on the law, so he can properly advise council on what actions it may or may not be required to take, such as cleanup, depending on the findings.

“Once you know, you know, and sometimes that triggers obligations,” he said. “I know all that stuff because I do it every day. I do this for banks. All I’m saying is let me have the information first, so I can advise (the village) if (it needs) to do something.”

“You can talk to 100 people who buy property, this is done all the time,” Davis noted.

Once the results have been interpreted and Davis determines what needs to be done, if anything, he said, “I think, at that point, it would become a public document.”

If the Phase II ESA results come back “all clean,” Davis noted, “I’m going to release it right away.”

 

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