McLean County Times

McLean County Land Use and Transportation Committee met Oct 4.

Here are the minutes provided by the committee:

Minutes of the Land Use and Transportation Committee

The Land Use and Transportation Committee of the McLean County Board met on Tuesday, October 4, 2022, at 8:00 a.m. in Room 400 of the Government Center, 115 E. Washington St., Bloomington, Illinois.

Members Present: Chairman Soeldner Members Gerald Thompson, Shayna Watchinski, Lea Cline, Jim Rogal and Beverly Bell

Members Absent Member William Friedrich

Other Members Present: Member Catherine Metsker

Staff Members Present: Cassy Taylor, County Administrator; Cathy Dreyer, Assistant County Administrator; Anthony Grant, Assistant County Administrator; Christopher Spanos, First Assistant State’s Attorney – Civil Division, Julie Morlock, Recording Secretary

Department Heads Present: Jerry Stokes, County Engineer

Others Present: Luke Hohulin, Highway Department; Michael Brown, Ecology Action Center; Anna Ziegler, Farm Bureau

The meeting was called to order by Chairman Soeldner at 8:00 a.m. and a quorum declared.

Chairman Soeldner presented the September 6, 2022, Land Use and Transportation Committee regular meeting minutes for approval.

Motion by Bell/Cline to approve the September 6, 2022, Land Use and Transportation Committee regular meeting minutes.

Motion Carried.

Chairman Soeldner presented prepaid bills in the amount of $4,316,564.76 for the Highway Department and Building and Zoning in the amount of $1,658.22.

Motion by Watchinski/Thompson to recommend payment of Highway bills as presented.

Motion carried.

Chairman Soeldner confirmed with Cassy Taylor there was a member of the public requesting to speak – Anna Ziegler. Ms. Ziegler came forward and talked about the Decommission and Escrow Agreements on the Agenda. She indicated these agreements would only be put into place if the wind turbine company did not decommission the turbines as they were required to do. She also went over points in the agreement the Farm Bureau wanted to make sure the Committee addressed including appropriate listing of companies, who would determine when the land was back to its original condition and process for claims.

Chairman Soeldner presented for action on behalf of Jerry Stokes and the Highway Department a request to approve an Engineering Services Agreement with Cummins Engineering Corporation for 2150 East Road, Old Town Road District, Section 22-26135-00- SP. Mr. Stokes went over project to upgrade railroad crossing. Ms. Bell asked if there had been accidents or fatalities at this location. Mr. Stokes indicated there were no fatalities but three accidents. Mr. Soeldner asked if federal funds were being used for this project. Mr. Stokes indicated it was not a federal program. Mr. Soeldner asked him to confirm no county funds were being used for this project. Mr. Stokes confirmed. Mr. Thompson asked about the condition of the culvert under tracks. Mr. Stokes indicated culvert under the tracks was ok but drainage on either side needed to be addressed. Mr. Soeldner asked if they would need right of way access if they needed to move the culvert. Mr. Stokes indicated they would need right of way access and Township funds would probably be used to cover that cost. Mr. Soeldner noted a lot of young people use this road to avoid Towanda Barnes Road. Mr. Thompson asked if railroad has any concerns about the ditch and how they would be involved. Mr. Stokes confirmed the ditch with drainage issues is on railroad property but railroad did not seem to be willing to assist with the issue. Ms. Bell asked about timeframe on project. Mr. Stokes noted it would take about a year to get design work completed and then about a month to do the work.

Motion by Cline/Thompson to recommend approval of an Engineering Services Agreement with Cummins Engineering Corporation for 2150 East Road, Old Town Road District, Section 22-26135-00-SP.

Motion Carried.

Chairman Soeldner presented for action a request to approve an Intergovernmental Agreement with the City of Chenoa. Mr. Stokes went over project and noted this project had been brought before the Committee about a year ago, but the City of Chenoa decided they did not want to do the project because additional water main work needed to be done and they did

not have the funding for it at that time. Mr. Stokes noted the City of Chenoa is now receiving ARPA funds to help with the water main work so they want to move forward with the rest of the project.

Motion by Cline/Bell to recommend approval of an Intergovernmental Agreement with the City of Chenoa.

Motion Carried.

Mr. Stokes provided an update including pictures of the Brand II Bridge (Stringtown) project and indicated it is now complete. Mr. Thompson asked if they pulled old piles. Mr. Stokes confirmed. Mr. Stokes went over status of Meadows Road project indicating it would be done by winter, but final lift would be done in the spring. Mr. Soeldner asked if delaying final lift would cause issues with snow removal. Mr. Stokes indicated it would not. Mr. Stokes then went over the Townline Road project and indicated it was almost complete. Mr. Stokes then showed pictures of Township bridge projects. Mr. Thompson noted couple of locations on Township roads that could use additional signage or other caution notifications as the intersections were dangerous, especially with increased traffic due to nearby housing.

Chairman Soeldner presented on behalf of Mr. Phil Dick, Building and Zoning Department a request to approve an Amendment to the Pollution Control Facilities Section of the McLean County Code as requested by the Ecology Action Center. Mr. Dick indicated this request was in anticipation of the receipt of an application for a solid waste transfer station. This would allow a hearing officer to conduct hearing. Mr. Dick indicated Mr. Michael Brown did research this issue and asked if he could come forward. Mr. Brown was invited forward. Mr. Brown indicated the process had become very complicated and the hearing officer would provide additional expertise during the hearing that would assist with the process. Mr. Soeldner asked him to confirm we do not receive a lot of applications that require a hearing. Mr. Brown agreed. Mr. Dick indicated the hearing officer fee would be paid from the application fee so there would not be a cost to the County.

Motion by Rogal/Watchinski to recommend approval of an Amendment to the Pollution Control Facilities Section of the McLean County Code as requested by the Ecology Action Center.

Motion Carried.

Chairman Soeldner presented on behalf of Mr. Dick, a request to approve a Decommissioning Agreement. Mr. Dick indicated he worked with Administration to negotiate with the windfarm and asked Mr. Spanos to provide further information. Mr. Spanos indicated the proposal submitted to the County by the windfarm and the County has amended it to what they have before them. He noted that the amended language had been sent back to the Windfarm for review so they might need a stand-up committee meeting if the Windfarm does not approve the changes requested. Ms. Cline asked if this agreement was boiler plate in its substance. Mr. Spanos indicated he did not feel it was a standard contract but it could be varied to use for other windfarms. Mr. Spanos indicated this agreement was being brought before them because there had been changes to laws since this windfarm went into place. Ms. Cline asked if the agreement addressed original condition. Mr. Spanos indicated he did not feel comfortable discussing that in the open meeting as he felt it would require a legal opinion. He invited members to discuss with him in his office. There was clarification that agreements were only for Twin Grove. Mr. Thompson asked about process to get language requested by Ms. Ziegler into the agreement. Mr. Spanos indicated he felt the language Ms. Ziegler had requested was in the amended agreement handed out to the Committee.

Ms. Watchinski wanted to know who the farm bureau feels should be the one to determine that the land is back to its original condition. Committee allowed Ms. Zeigler to come back to the table. Ms. Zeigler indicated the Farm Bureau wanted landowner to be able to provide input. Ms. Zeigler indicated they believe the land should be returned to a farmable state which involves several considerations including tile, power lines and soil condition. Ms. Zeigler also noted the difficulty to determine the original condition when some of the leases could be in place for 50 years. Ms. Watchinsk asked her to confirm collaboration was what they are looking for. Ms. Zeigler confirmed. Mr. Soeldner asked if IEMA had a definition of original condition. Ms. Zeigler indicated specifics on what the company was required to remove but not a definition of original condition. Mr. Soeldner indicated some farmers might ask if some changes could remain such as concrete pad or gravel road so the farmer could use in the future. Ms. Zeigler indicated leases are between the company and landowner and those items would need to be negotiated on a case-by-case basis without County input. She indicated this agreement is just another layer of protection for the constituents. Ms. Cline asked for clarification that what they were approving today was final. Mr. Spanos indicated he would recommend approving this agreement but wanted to the Committee to be aware the company could suggest further changes. He indicated this agreement covers issues that would be brought up for the County.

Mr. Dick indicated part of original agreement with this company through the zoning process was that every lease includes a contingency that the company would remove the turbine from the land. Mr. Rogal asked which agreement would take precedent, the original lease or this agreement. Mr. Spanos went over history of land owners wanting the Company to set aside funding for decommissioning and County to pick up difference of funding. He indicated escrow agreement would set up escrow with the County as the beneficiary so if the company does not remove the turbine then the landowner can make a claim on this account to receive funds to pay to have the turbine removed.

Motion by Watchinski/Bell to recommend approval of a Decommissioning Agreement.

Motion Carried.

Chairman Soeldner presented on behalf of Mr. Dick, a request to approve an Escrow Agreement. Mr. Dick referred to Mr. Spanos. Mr. Spanos went over the intent and content of the agreement. Mr. Spanos indicated that once funds deposited the funds cannot be taken out unless conditions of the agreement are met.

Motion to Amend to include the number of turbines in paragraph 2 and include and verify the appropriate LLC of the property.

Motion Carried.

Motion by Rogal/Watchinski to recommend approval of an Escrow Agreement as Amended.

Motion Carried.

Mr. Dick went over events during Planning Month for American Planning Association. Chairman Soeldner asked if there were any additional questions for Mr. Dick. Hearing none; he thanked him.

Chairman Soeldner presented on behalf of Ms. Cassy Taylor, County Administrator a request to approve Fiscal Year 2023 Recommended Budget for the Building and Zoning Department 0038. Ms. Taylor went over revenues and expenses for this year. She indicated there has been a decrease in windfarm applications and thereby a decrease in revenue. She noted increase in expenses due to salary increase. Ms. Cline asked about the $40,000 in contract services that has not been used in previous budgets. Ms. Taylor noted that line is for the abandoned property program which is a reimbursement program and funds are set aside for any expenses they might incur.

Motion by Watchinski/Thompson to recommend approval of Fiscal Year 2023 Recommended Budget for the Building and Zoning Department 0038.

Motion Carried.

Chairman Soeldner presented on behalf of Ms. Cassy Taylor, County Administrator a request to approve Fiscal Year 2023 Recommended Budget Solid Waste Management Fund 0159. Ms. Taylor provided history on the County’s relationship with the Ecology Action Center and provided overview of funding included in that budget.

Motion by Bell Watchinski to recommend approval of Fiscal Year 2023 Recommended Budget for the Solid Waste Management Fund 0159.

Motion Carried.

Chairman Soeldner presented for action a request to approve the Highway Department (0055) Fiscal Year 2021 Budget including Highway Fund 0120, Road & Bridge Construction 0056 Program; and Bridge Matching Fund 0121, Road & Bridge Construction 0056 Program; and County Matching Fund 0122, Road & Bridge Construction 0056 Program; and Motor Fuel Tax Fund 0123, Road & Bridge Construction 0056 Program, and Five-Year Capital Improvement Plan for the Highway Department 0055.

Mr. Jerry Stokes, County Engineer went over each Fund in the Highway Department Budget starting with the Highway Fund. He indicated it is the general operating fund with most revenue coming from general property tax, but other revenue sources are commodities sold to Townships and Municipalities, engineering services provided to Townships, equipment reimbursement from Motor Fuel Tax, permits and road use agreement fees. He went over expenses for this fund including salaries and fringe, non-major equipment and Gasoline which was increased based on current pricing and usage history. Mr. Stokes discussed other expenses for this fund including maintenance, software licenses, construction projects, and computer equipment. Mr. Stokes went over the capital assets line.

Ms. Cline noted the unappropriated fund balance of 2.2 million and asked if unusually high. Mr. Stokes indicated high because of money received from Windfarms that is being held in that account for future projects to help restore roads once the projects are complete. Ms. Cline asked about schooling and conference line and how staff utilize auto CAD. Mr. Stokes noted that everyone can use auto CAD. He stated they do a lot of engineering work in house to help save costs. Ms. Cline asked if cost would go down next year. Mr. Stokes confirmed. Ms. Cline asked about the surcharge line. Ms. Taylor indicated this fund had been undercharged before. Mr. Stokes noted amount balances out over all funds.

Mr. Stokes then went over the Bridge Fund 0121. He stated this fund is utilized for County and Township Bridges & Culverts projects. He stated County provides 50% for joint culvert projects and provides 10% on bridge projects. He stated most of revenue for this Fund comes from General Property Tax and remaining revenue comes from Township reimbursements. Mr. Stokes went over the Bridge Fund Expenses including engineering/design expenses for new projects to be constructed in 2024 and capital assets/ construction work planned in 2023.

Mr. Stokes indicated the Matching Fund is used to fund the County’s matching portion on Federal and Motor Fuel Tax Projects and revenue comes from general property tax. He stated this Fund can only be used for construction expenses, engineering expenses, or the purchase of right of way. He stated tax rate maxed out the last few years.

Mr. Stokes indicated the Motor Fuel Tax Fund is used for maintenance, engineering, construction, and commodities. He stated revenue comes from an existing MFT formula, the Transportation Renewal Fund that started July 1, 2019, an IDOT discretionary fund - the County Consolidated Fund, and the REBUILD Illinois Capital Program. Mr. Stokes went over MFT allotment amounts and expenses for 2023 including maintenance and construction on roads and bridges and purchase of paint, oil and chip, and salt. Mr. Stokes went over salt prices which had increased significantly and also went over capital expenses. Mr. Thompson asked if there was power at the east site. Mr. Stokes indicated there is power capability at that site. Discussion of pros and cons to that location being main site for the Highway Department.

Mr. Stokes also noted they had provided a map that corresponded with the capital improvement plan to show where projects were located.

Mr. Thompson commended Highway department for their work on our county roads and the condition that they keep them in.

Motion Thompson/Rogal to recommend approval of the Recommended Highway Department (0055) Fiscal Year 2022 Budget including Highway Fund 0120, Road & Bridge Construction 0056 Program; and Bridge Matching Fund 0121, Road & Bridge Construction 0056 Program; and County Matching Fund 0122, Road & Bridge Construction 0056 Program; and Motor Fuel Tax Fund 0123, Road & Bridge Construction 0056 Program; and Five-Year Capital Improvement Plan for the Highway Department 0055.

Motion Carried.

Mr. Soeldner asked Mr. Stokes to speak on railroad crossing work. Mr. Stokes indicated Northfolk called about reconstruction of road crossing from Holder to Arrowsmith. Mr. Stokes explained the project and also noted that he had asked the Railroad if they could delay the project as this was the middle of harvest. Mr. Stokes indicated the railroad was not willing to wait and indicated it would take 2 to 3 days at each crossing. Mr. Soeldner noted he had asked Mr. Stokes to reach out to school districts as the work would affect buses routes He also noted that this would affect the fire districts. Mr. Thompson asked if they would be replacing one at a time. Mr. Stokes indicated he had not been given a definitive answer when he asked that question. Mr. Thompson indicated people might have to go 2-3 miles around.

Ms. Bell asked how many projects were not started or completed that were in their plan for 2022. Mr. Stokes indicated 2 projects including pipeline road at Lake Bloomington and the one postponed by Chenoa because of the water main. He indicated all others were completed.

Chairman Soeldner asked if there was any other business to come before the Committee; hearing none, he adjourned the meeting at 9:43 a.m.

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