But Morgan’s staying put, owner says

BY PHIL CUSTODIO
Clarkston News Editor
Michigan Department of Transportation installed four metal signs on M-15 around 148 N. Main Street for a “site closure,” but current occupant Morgan’s Auto Repair isn’t going anywhere.
“Site closure means they’re closing their file – there’s no more work to be done,” said Scott McIntyre, owner of Morgan’s. “We’re not closing the business or anything like that.”
The MDOT signs, which all say “Restricted Excavation Area, MDOT, #63071-51847-18,” are part of an Environmental License Agreement allowing property owners to leave contamination in place within the MDOT right of way, said Stacey Gough, utility and permits engineer with MDOT Oakland, in an email to City Manager Jonathan Smith, Aug. 14.
“The ELA may also be required in order for the liable party to obtain a site closure from the MDEQ,” Gough said. “As part of the permit and ELA, MDOT requires the liable party to place markers within the MDOT ROW in order to mark the limits of contamination. This then alerts anyone in the future, MDOT crews, RCOC, city, utility companies, etc., that may be excavating or drilling within that area that there is known contamination that may be encountered.”
Chet Pardee, city resident who previously requested information on the pollution issue, still has concerns about it.
“Rain water runoff is not being managed where Clarkston Road abuts the 148 N. Main property as evidenced by standing water, potholes and orange cones,” Pardee said at the Aug. 27 City Council meeting. “I suggest the city ask HRC (Hubble, Roth and Clark) to recommend some solutions, as the city’s engineering resource. HRC has knowledge of the 148 N Main site based on their invoices in April 13, 2015 consent agenda regarding the site and storm water flow when development was being considered. They should be able to recommend the safest solutions.”
Pardee was told by MDEQ part of the plume at 148 N Main has moved south.
McIntyle was told the plume has been dissipating since the leaking underground fuel tanks were removed in 1992.
Pardee called for expert input on the 148 N. Main contamination issue at a future City Council meeting.
“The discussion should include professionals familiar with the contamination who can explain to our citizens about the contamination and its southward movement,” Pardee said. “I suggest that MDEQ’s Terri Golla and HRC engineers familiar with the situation be present.”
According to MDEQ, 148 N. Main has been an automotive related business since around 1920. In 1991, MDEQ found four underground tanks leaking gasoline. Two were installed in 1951, and the others in 1972.
The DEQ found a plume of pollution around the property in 2015, when it was being considered for use as a coffee shop.
Thirteen of 18 records at issue in Susan Bisio’s Freedom of Information Act lawsuit against the City of the Village of Clarkston are in regards to the 2015 development proposal, including storm water system review, detention system options, and a hold harmless agreement.
“The invoice descriptions in the consent agenda of the April 13, 2015, council meeting appear to suggest that (city attorney) Tom Ryan was discussing indemnification or a hold harmless agreement associated with 148 N. Main,” Pardee said. “Eight lines of the invoice mention ‘indemnity’ or ‘hold harmless’ in Tom Ryan’s communications with Neil Wallace and HRC employees. Was the village being asked to indemnify the property purchaser from environmental risks?”
David Marsh, who is running for City Council in the fall, said it is not out of the ordinary to seek an indemnity agreement when developing property with contamination issues. However, he is filing a Freedom of Information Act request with the DEQ for all documents regarding 148 N. Main.
“The city has a right to know about it,” Marsh said. “They should know about it.”