Monroe County Board of County Commissioners met February 5.
Here is the minutes provided by the Board:
The meeting of the County Commissioners of Monroe County, Illinois was called to order at 8:00 a.m. Chairman Robert Elmore, Commissioner Delbert Wittenauer, and Commissioner Vicki Koerber were present.
The meeting opened with the Pledge of Allegiance.
Others present included County Clerk Dennis Knobloch and Sheila Wetzler, along with Press Corps representatives – Joe Leicht of the Monroe County Independent and Alan Dooley of the Republic Times.
There being a quorum present, meeting was called to order by Chairman Elmore.
Public Comments – Paul Hunter said something needed to be done about all of the abandoned and derelict vehicles in Burksville. The Commissioners told Mr. Hunter to contact Mike Fausz in the Zoning Office, and hopefully between him and Sheriff Rohlfing they could check on the issue. They said if he still has concerns after that, he should contact one of the Commissioners for discussion.
Mike Kovarik and Dennis Knobloch presented the Board with a large facsimile check in the amount of $6,500 – the final installment due for the temporary loan for the Bicentennial history book advanced by the County Board to the Monroe County Bicentennial Committee. Mr. Kovarik and Mr. Knobloch thanked the Board for their assistance with all of the Bicentennial activities.
Circuit Clerk Lisa Fallon brought eleven students from the Monroe County CEO program to the County Board meeting to talk about the program, and each of the participants discussed their individual interests and fields of study. The students were on a tour of the Courthouse and were meeting with each of the Department Heads about the duties of their office.
Aaron Metzger came to the meeting to discuss Highway Department business. He said there have been some problems on Palmer Road in Columbia because of inconsistent speed limit signage. To solve that issue he presented the County Board with an ordinance for the establishment of an altered speed zone on Palmer Road. Motion to approve the ordinance was made by Commissioner Wittenauer, with a second by Commissioner Koerber. All voting aye, none Nay and none Absent. Motion carried.
Ordinance 18-04
An Ordinance For The Establishment Of An Altered Speed Zone Palmer Road
Whereas, the Illinois Department of Transportation has a policy on establishing and posting speed limits on the State Highway System and by Local Authorities; and
Whereas, said policy states that “Except on Divided Highways, different speeds for traffic in opposite directions shall not be posted”; and
Whereas, the speed limit on Palmer Road, westbound from Quarry Road to just south of Southport Drive is 40 mph and 35 mph thence south to DD Road.
It Is Herebey Declared, that in abiding by the Policy of the Illinois Department of Transportation, the speed zone on eastbound Palmer Road from DD Road to just south of Southport Drive shall be 35 mph and from just south of Southport Drive to Quarry Road shall be 40 mph and the County Engineer is directed to post speed limit signs on Palmer Road as described below; and
Be It Further Declared, that this Ordinance shall be in full force and effect immediately after erection of said signs giving notice of the revised maximum speed limit.
Speed Zone Locations: Palmer Road
Quarry Road to just south of Southport Drive (Mile 14.38 to Mile 14.11) 40 mph
Just south of Southport Drive to DD Road (Mile 14.11 to Mile 14.04) 35 mph
Passed by the Board of County Commissioners of Monroe County, Illinois at Waterloo, this 5th day of February, 2018.
Motion: Wittenauer Second: Koerber
Aye: Three Nay: None
Absent: None
Mr. Metzger said he was trying to tidy up the finances of the Old Red Bud Road project, and to do so, he planned to transfer $6,026.31 from the CST Construction Fund to the County Highway Fund. Motion to approve that transfer was made by Commissioner Koerber, with a second by Commissioner Wittenauer. All voting Aye, none Nay and none Absent. Motion carried.
There was a discussion of the proposed 4-lane highway from Waterloo to Murphysboro. Mr. Metzger said nearly all of the communities along the route are in agreement with the proposed roadway, but Red Bud and Pickneyville do not approve of a bypass around their towns. This will be a costly project, and funding will more than likely ultimately decide if this highway is constructed.
The following Accounts Payable having been approved for payment, Commissioner Wittenauer moved that the same be allowed and that vouchers be issued against their respective funds of the County Treasurer for payment. Motion seconded by Commissioner Koerber, and so declared all voting Aye, none Nay, and none Absent. Motion carried.
General Fund:
1st National Bank of Waterloo 37,255.85
Americom Imaging Systems Inc. 6,925.00
Auto Designs by Sebastian 314.98
Beneflex 1,624.50
Bradley Wilson 155.34
Byers Printing Co. 2,029.86
Celeste A. Korando 831.25
Christopher Lutz 300.00
City of Waterloo 12,967.37
Coast to Coast 68.10
Egyptian Workspace Partners 517.53
Gateway FS 96.95
Gillan Graphics 54.99
Goodin Associates Ltd 470.36
Grassman Lawncare Inc. 2,446.25
GreatAmerica Financial Services 304.98
Harrisonville Telephone 3,155.96
Hytech 946.00
IDVILLE 1,541.18
IL Prosecutor Services LLC 330.00
Internatl Assoc Electrical Inspctrs 120.00
Jarrell Mechanical 1,752.00
John Deere Financial 71.69
Jordan Burdg 79.99
Kara Welch 200.00
Leads Online 2,848.00
Leaf 227.30
Leon Uniform Company Inc. 644.85
Locks A2Z 185.00
May Pest Control LLC 145.00
McCarthy, Leonard & Kaemmerer, L.C. 6,865.00
Mike Fausz 63.21
Motorola 198.00
Navy Brand Mfg Co 2,603.12
Neal Rohlfing 599.69
Office Depot 55.68
O’Reilly Auto Parts 107.66
Prairie Farms Dairy Inc. 233.42
Quality Collision 35.24
Quill Corporation 730.08
Radiology Consultants 8.50
Rahn’s Hometown Auto Repair 1,235.03
Red Bud Illinois Hospital Company 249.70
Red Bud Physician Group LLC 551.25
Red Bud Regional Hospital 2,443.13
Rejis Commission 1,524.00
Reliable Sanitation Service Inc. 3,166.15
Schorb & Schmersahl LLC 7,226.43
SEMC Pathology 26.45
Sherwin Williams 1,073.97
Sidebarr Technologies 348.00
St. Clair/Monroe County CASA 1,200.00
State of Illinois Treasurer 1,088.11
Tech Electronics 1,500.00
Tessco 441.37
Thomson Reuters-West Publishing Corp. 167.36
Toshiba Financial Services 246.00
Traughber & Morris Ltd 741.66
U. S. Bank Equipment Finance 239.80
UPS 16.74
V “Red” Smith 20.00
Walmart Community 403.91
Waterloo Lumber Company Inc. 78.05
Watson’s Office City 582.24
Wayne’s One Stop 8,420.86
William Curran 140.84
Wireless USA 90.00
Health Tax Fund:
1st National Bank of Waterloo 1,093.77
Coast to Coast Equipment 162.00
Harrisonville Telephone Company 323.94
Motorola 34.00
Stericycle Inc. 1,075.01
Ambulance Service Fund:
Andres Medical Billing, Ltd 3,653.84
Blue Cross/Blue Shield 1,107.00
Bound Tree Medical LLC 62.40
City of Columbia 3,171.14
Harrisonville Telephone Company 163.21
Mertz Ford 2,164.62
New Creations Screen Printing 70.00
Patient Refund 136.05
Phillips 66 Company 95.60
Quality Collision Inc. 114.00
Walmart Community/RFCSLLC 121.69
Wells Fargo Vendor Fin Serv 115.99
WEX 2,705.45
Zoll Medical Corporation 472.11
Highway Fund:
Aramark Uniform Services 2,822.98
Boyd and Sons Machinery LLC 710.16
Compass Minerals America Inc. 41,368.13
Equipment Service Co. Inc. 299.86
Erb Equipment Company 640.94
Harrisonville Telephone Co. 40.56
John Deere Financial 472.43
Luby Equipment Services 134.13
Metal Culverts Inc. 1,798.00
Midwest Occupational Medicine LTD 595.00
Nabers Shop 185.00
R&M Oil Company 4,712.00
Tapco Inc. 6,795.00
Weir Ford LLC 49.00
Williams Office Products Inc. 49.72
Woody’s Municipal Supply Company 44.83
Road Motor Fuel:
Monroe County Highway Fund 10,000.00
Bridge Fund:
Tinley Steel Inc. 5,190.00
Recorder’s Document Storage:
Fidlar Technologies 495.34
Commissioner Wittenauer made a motion, with a second by Commissioner Koerber to approve the regular meeting minutes from January 16. All voting Aye, none Nay and none Absent. Motion carried.
Commissioner Koerber made a motion, with a second by Chairman Elmore to approve the closed session minutes from December 28, 2016. All voting Aye, none Nay, Commissioner Wittenauer Abstain and none Absent. Motion carried.
The Commissioners completed two letters of support – one for Les Amis du Fort de Chartres and its efforts towards the Heart of Illinois Country Heritage Project and a second letter in support of bringing Uber to Monroe County.
Chairman Elmore said the Labor Agreement with the employees of the Circuit Clerk’s office had been approved, and he said the agreement would have to be ratified by the Commissioners. Commissioners Wittenauer and Koerber asked to be able to review the final agreement prior to passage. There was also some confusion about the document’s signature page, so Annmarie Marcuson will contact the labor attorney, and have the document ready for review and approval at the next meeting.
Dennis Knobloch distributed correspondence from the Illinois Department of Revenue establishing the CPI factor for Monroe County tax year 2018 – taxes payable in 2019. He said for tax year 2017 the CPI factor was 2.1% and the Dept. of Revenue had issued the same factor of 2.1% for tax year 2018. That number will be used for budget discussions during the budget hearings in September, 2018.
Commissioner Koerber said she had attended the recent SILEC annual dinner meeting, and two Monroe County deputies, - Chris Lutz and Steve Meister were recognized with the Medal of Valor for an incident in which they were involved.
Commissioner Koerber also distributed a listing of County-appointed Committees that she said she had provided to Gary Most of Marketicity for inclusion on the Monroe County website.
Mike Fausz, Chris Voelker, Carlyle Mueller and Chris Hitzemann came to the meeting to discuss some Zoning issues. Mr. Fausz said that the comprehensive plan had been studied by the Land Use and Planning Commissions along with the Zoning Board of Appeals, and a list of recommendations for change were now being brought before the County Board for consideration. Those included:
1. Digital signs be allowed to change every 15 seconds and need to have an auto night time dimmer with manual control. Maximum intensity would be 0.3 foot candle over ambient lighting. No scrolling messages or graphics allowed.
2. Exposed fasteners be allowed on new metal roof construction.
3. Steel shipping containers used commercially or industrially for storage facilities follow all Monroe County and building codes including signed and sealed plans, foundations and anchors. Residential and agriculture use would require anchors.
4. Any building 100 square feet or more be anchored.
5. Any building 400 square feet or more have a footing and foundation or be of pole construction.
6. Any Special Use permit in the name of an LLC, trust or similar entity certify ownership and recertify ownership on an annual basis. Any change would require a new special use.
7. Small solar energy projects would be an accessory use in all zoning district. Large solar energy projects would be a special use in the A-1, A-2, I-1, I-2 and B-2 districts.
Mr. Hitzemann and Mr. Mueller also discussed the proposed Solar Energy Conversion Ordinance for both small home applications and larger solar field construction. Motion was made by Commissioner Koerber, with a second by Commissioner Wittenauer to approve the Monroe County Solar Energy Conversion Ordinance as presented. All voting Aye, none Nay and none Absent. Motion carried.
Ordinance 18-05
Whereas, the Monroe County board wishes to promote the safe, effective, and efficient use of Solar Energy Conversion systems within Monroe County while preserving and protecting the public health, public safety, natural resources, property values, and aesthetic conditions within Monroe County.
Now, Therefore, be it Ordained that Solar Energy Conversion Systems shall be regulated as follows:
Section 1: Definitions
A. Applicant: The entity or person who has submitted an application for a Special Use Permit for a solar project.
B. Array: Multiple solar panels designed to work together to generate more power than a single panel.
C. Financial Assurance: Means reasonable assurance from a credit worthy party, examples of which include surety bond, cash escrow, or irrevocable letter of credit.
D. Ground-Mount: A solar energy system mounted on a rack or pole that rests or is attached to the ground. Ground-mount systems can be either accessory or principal uses
E. Landowner: A person/persons or entity holding title to a tract of land.
F. Large Solar Project: Any solar project of photovoltaic cells for converting sunlight directly into electricity with a rated capacity of 25 Kilowatt or more, or any liquid system more than 750 square feet in size.
G. Operator: The entity responsible for the day to day operation and maintenance of the solar project, including any third-party subcontractors.
H. Owner: The entity or entities with an equity interest in the solar project, including their successors and assigns. Owner does not mean the landowner from whom land is leased for locating the solar project, unless the property owner has an equity interest in the solar project.
I. Panel: A panel containing photovoltaic cells for generating electricity. J. Participating Parcel: A tax parcel on which the landowner has entered into a financial or easement agreement with the Owner, Operator or Applicant of a solar project.
K. Primary Structure: A structure that one or more person(s) occupy the majority of the time for either business or personal reasons. Primary structure includes structures such as a residence, commercial building, hospital, and day care facility. Primary structure excludes structures such as hunting shed, storage shed, pool house, unattached garage and barn.
L. Professional Engineer: A qualified individual who is licensed as a professional engineer in the required area of expertise.
M. Roof-Mount: A solar energy system mounted on a rack that is fastened to or ballasted on a building roof. Roof-mount systems are accessory to the principle use.
N. Setback: The distance from the closest point of a solar project feature to a property line. Feature shall include any overhanging projections.
O. Small solar Project: Any solar project with photovoltaic cells for converting sunlight directly into electricity with a rated capacity under 25 kilowatts that is connected to the electric grid or has provisions for connection, or any off-grid system directly wired to a primary structure or accessory building, or any liquid system 750 square feet or smaller
P. Solar Energy System: A system whose primary purpose is to harvest energy by transforming solar energy into another form of energy or transferring heat from a collector to another medium using mechanical, electrical, or chemical means
Q. Solar Project Site: All parcels of land making up a solar project. R. Solar Project: All solar project features, substations and ancillary facilities, underground cable installations, & 3rd party transmission lines associated with the project up to the point of connection with a utility company power line or private home electrical wiring
S. Substation: The apparatus that connects with the electrical collection system of the solar project and increases the voltage for connection with a utility’s transmission line or high voltage electric transmission grid.
Section 2: Large Solar Energy Project
A.Procedure
To obtain a special use permit and siting approval, the applicant must first submit a special use application to the County. The special use application must contain or be accompanied by the following information:
1. Solar energy project summary, including to the extent available, a general description of the project, including approximate name plate generation capacity, potential equipment manufacturer, number of panels, total system capacity, general location of the project.
2. A description of the applicant, owner and operator, including the respective financial structures and financial statement.
3. The name, address, and phone number of the applicant, owner, and operator and all property owners within the solar energy project site.
4. A site plan for installation of the solar energy project showing the boundaries of the project, plus the location or planned location of each solar energy panel, guy wires and anchor bases if any), primary structures, property lines (including identification of adjoining properties), setback lines, public access roads, substation, electrical cabling from panels to the substation, ancillary equipment, third party transmission lines, private access roads, wells, septic fields, existing easements, floodplain location and elevation (if applicable), wetland locations (if applicable)(, layout of all structures within the geographic boundaries of any applicable setback.
5. Distances from any fence, solar energy panels or substation to all property lines.
6. A topographic map of the proposed site including 2-foot contour lines across the site and extending 100 feet in all directions from the limits of the site.
7. All required studies, reports, certifications, and approvals demonstrating compliance with the provisions of this ordinance, federal and state laws, and administrative provisions including, but not limited to, consultation report with the Illinois Department of Natural Resources, emergency plan, and evaluation for the geotechnical stability of the site for supporting all the necessary structures.
8. Any other information normally required by the County Zoning Ordinance
9. Copies of all necessary access easements and necessary utility easements, copies of which shall be submitted to the Zoning Office.
10. Legal description for the planned location for the solar energy project.
The applicant shall notify the County of any changes to the information provided in the lists above that occurs while the special use application is pending.
B. Change of Ownership
Any change of ownership or lease control will require a new special use application and permit.
C. Used Equipment
Used equipment is permitted only if recertified to factory specification or better by the factory or an appropriate professional engineer.
D. Weed and Grass Control
Applicant must present an acceptable weed control plan for property inside and outside fenced area for entire property. The operator during the operation of the solar energy project must maintain the fence and screening system and adhere to the weed and grass control program. If the operator does not do so, there can be a fine of up to $500 per incident if the fence is not secure or the weed and grass control program is not followed.
E. Setbacks
The following setbacks shall apply:
1. Fences shall be a minimum of 20 feet from any property line.
2. Panels and their support structures shall be a minimum of 50 feet from any property line.
3. Panels and their support structures shall be a minimum of 100 feet from any primary structure.
4. Substations shall be a minimum of 50 feet from any property line.
5. Substations shall be a minimum of 100 feet from any primary structure.
New primary structures shall maintain the same setback from the fences, panels, and support structures as the site is required to observe.
F. Prohibition
No solar energy project governed by this ordinance shall be constructed, erected, installed, or located within Monroe County unless prior Special Use Permit application has been approved for each individual solar energy project pursuant to this ordinance. Upon special use approval, a construction permit shall be obtained from the Zoning Department prior to the commencement of construction of any solar energy project or any part thereof.
G. All solar energy project structure surfaces shall be a non-reflective, unobtrusive color. No advertising signs or graphic designs shall be permitted on the solar energy project structures. The manufacturer’s identification and specifications shall be permitted.
H. Use of Public Road
Prior to a Special Use Permit being granted, an agreement shall be entered into between the applicant/owner/contractor, the County Engineer, and any other affected road authority. Such agreement shall detail the use of public roads for construction/maintenance of said solar energy project to include but not limited to:
1. Access routes identified
2. Overweight/Oversize loads presented
3. Pre-construction survey of roads for potential damage including site photos and documentation of existing condition
4. Schedule of construction operations
5. Setting up an escrow fund, letter of credit, or surety bond to cover future road repairs
6. Approval of Monroe County, Illinois Utility Petition and Permit if applicable
Payment for County costs to retain a consultant, if necessary, to make a study of any structure or road on the proposed route that the County engineer determines may not carry the loads and weight and use during the solar energy project construction.
I.Certification
All solar energy projects shall conform to applicable industry standards, including Monroe County, State and National construction, electrical, and fire codes.
J. Power lines
All new power lines used between panels and from the panels to the substation and all communications lines shall be underground. In instances where they cross public roads, they shall be bored as required in the County Road Agreements, and located underground at a depth the National Electric Safety Code requires. In certain instances, the county may authorize the location of utilities in public right of ways. The applicant shall install marker tape in any cable trench.
K. Utility Location
The applicant shall become a member of the Illinois state wide one-call notice system (otherwise known as the joint utility locating information for excavators or “JULIE” and provide “JULIE” with all of the information necessary to update its records with respect to the solar energy project.
L. Warnings
A visible warning sign stating High Voltage” must be placed at all points of ingress and egress to the solar energy project site. The sign must have at a minimum 6-inch letters. Visible, reflective, colored objects, such as flags, reflectors, or tape shall be placed on the anchor points of any guy wires and along the guy wires up to a height of 15 feet vertically from the ground. The sign at the entrance to the facility shall include a 24-hour emergency contact number.
M. Height
Ground or pole-mounted solar energy systems shall not exceed 16 feet in height when oriented at maximum tilt.
N. Lighting
If lighting is provided at the site, lighting shall be shielded and downcast such that the light does not spill onto the adjacent parcel.
O. Aviation Protection
For solar energy projects located within 500 feet of an airport or within approach zones of an airport, the applicant must complete and provide the results of the Solar Glare Hazard Analysis Tool (SGHAT) for the Airport Traffic Control Tower cab and final approach paths, consistent with the Interim Policy, FAA Review of Solar Energy Projects on Federally Obligated Airports, or most recent version adopted by the FAA.
P. Screening
Screening and Fencing—Systems equipment and structures shall be fully enclosed and secured by a fence with a minimum height of 6 feet. The planning board and zoning board of appeals shall have the discretion to recommend a thirty (30) foot wide vegetative buffer consisting of a compact evergreen hedge or other type of evergreen foliage which shall be recommended along the entire perimeter of the facility, or an alternative buffer may also be considered. The buffer shall be planted at a minimum of three (3) feet tall and with the expectation that this hedge shall reach the height of at least eight (8) feet within three years and shall be maintained in good condition. If a vegetative buffer is to be part of the solar farm development, a landscape plan should be submitted for review and approval. The landscape plan shall take into account the type(s) of evergreens to be planted, along with the proposed spacing of the planting, along with an evaluation of the soils. An alternative buffer may also be considered. Earth berms, other topographical features and existing wooded areas may be accepted in lieu or in combination of the above requirements, if they conceal the use from public view and are maintained
Q. Study Reviews—Use of Third Party Consultant
The County may desire to retain experts in the areas of engineering, planning, environmental, and legal in order to properly and efficiently review the documentation submitted by the applicant. In such instances the applicant will be advised of the required service and be provided an estimate of the expert’s fees. Since such fees are beyond the customary fees associated with smaller and less complex matters, the applicant will be required to pay for the expert services as part of the review process and such payments shall occur regardless of the findings of the expert or the action ultimately taken by the County on the application. After notice to the applicant of the cost of such required experts, the applicant will be required to escrow all fees into a County account. The applicant will be provided with duplicate copies of consultant invoices and may comment on each invoice. A monthly statement of the manner in which the escrowed funds in the account are utilized will be made available to the applicant and if required the applicant shall replenish the account.
R. Emergency Providers
The applicant shall submit to the local fire protection district(s), the Sheriff’s Department, other relevant police authorities and the ambulance service a complete copy of the application for the solar energy project along with an analysis of the anticipated emergency needs.
The applicant shall cooperate with the emergency providers and develop emergency response plans that describe the potential emergency services that may be required and an analysis of the capabilities in terms of equipment and manpower to respond to potential emergency conditions.
The applicant, owner, or operator shall work with local rescue authorities to provide training (at the applicant, owner, or operator’s expense) to handle various situations. Level of training to be determined by the emergency service provider.
A copy of the approved emergency response plan will be required prior to approval.
Knox boxes and keys shall be provided at locked entrances for emergency personnel access.
S. Material Handling, Storage, and Disposal
All solid waste related to the construction, operation and maintenance of the solar energy project shall be removed from the site promptly and disposed of in accordance with all applicable local, state, and federal procedures.
All hazardous materials related to the construction, operation, and maintenance of the solar energy project shall be handled, stored, transported, and disposed of in accordance with all applicable local, state and federal procedures.
T. Wildlife
A qualified professional shall conduct a pre-construction site risk assessment study to estimate the impacts of the construction and operation of the proposed solar energy project on wildlife. The pre-construction site risk assessment shall be submitted with the application and shall include the following minimum information:
1. A literature review of existing information on species and potential habitats and results of agency database queries for records of rare, threatened, and endangered species and important habitats such as Illinois Natural Areas Inventory sites and registered/dedicated nature preserves, land & water reserves, and wetland reserves within two miles of the proposed solar energy project
2. A general mapping of the significant vegetation and land cover types, wildlife habitat and quality, and physical characteristics of the proposed solar energy project
3. A field examination that verifies results of the literature review and agency queries that documents general site habitat conditions
The applicant shall apply for consultation with the endangered species program of the Illinois Department of Natural Resources. The application shall include a copy of the agency action report from the endangered species program of the Illinois Department of Natural Resources.
U. Wetland Mitigation
Any mitigation of wetlands shall be done within Monroe County
V. Invasive Plants
Any clearing of woods for the purpose of a solar energy project shall require the control of invasive plants in the cleared area for the length of the project.
W. Storm water and Drainage
All solar energy project sites must comply with the Monroe County “Storm Water Drainage and Detention, Soil Erosion and Sediment Control for Commercial and Industrial Developments” ordinance. All solar energy projects must comply with USEPA and IEPA groundwater drainage standards.
X. Energy Deliverability
At the time of applying for the special use application a written demonstration shall be provided that the applicant is in the queue to acquire an interconnect agreement. Then pre-operation of the project, a copy of an interconnect agreement with the appropriate electric utility, or a written explanation outlining why an interconnection agreement is not necessary should be provided to the county.
Y. Installation Certification
A professional Engineer shall certify that the construction and installation of the solar energy project meets or exceeds the manufacturer’s construction and installation standards.
Z. Maintenance
Each applicant, operator, or successor in interest, shall have the solar energy project facility inspected annually by qualified professionals, approved by the Zoning Department, and shall submit a certificate from said professionals reciting the annual maintenance done on the facility and stating that the facility is in good working condition and not a hazard to the public. Failure to submit annual certificate shall be grounds for revocation of the Special Use Permit by the Zoning Department.
AA. Compliance with Regulations
Nothing in this ordinance is intended to preempt other federal, state or local laws and regulations.
BB. Decommissioning and Site Reclamation Plan
A decommissioning and site reclamation plan must be submitted with the special use application to ensure that the solar energy project is properly decommissioned and the site properly reclaimed. The decommissioning and reclamation plan shall, at a minimum, include:
1. Provisions describing the triggering events for decommissioning the solar energy project.
2. An estimate of the decommissioning costs certified by a Professional Engineer. The manner in which salvage value will be considered must be considered and documented. All costs will be itemized.
3. Provision for anticipated repairs to any public roads of facilities used for the purpose of reclamation of the solar energy project and all costs related to removal of structural materials and access roads.
4. Provisions for the removal of structures, concrete, debris and cabling, including those below the soil surface to a depth of five feet.
5. Provisions for the disconnecting of all cabling from the utilities power lines.
6. Provisions for the restoration of the soil and vegetation.
7. A provision that the terms of the decommissioning plan shall be binding upon the owner or operator and any of their successors, assigns, or heirs by way of sale, gift and assignment in fact or at law or any other such transfer of financial interest of ownership in the solar energy project. Any successor or assigned shall assume the terms, covenants, and obligations of this plan and must agree to assume all reclamation liability and responsibility for the solar energy project.
8. A provision that this plan is governed by Illinois law.
9. A provision that indemnifies the County with respect to any and all liability arising out of the decommissioning and site reclamation plan.
10. A provision that the County shall have access to the site, pursuant to reasonable notice, to effect, inspect or complete decommissioning if necessary.
11. A provision that the applicant, owner and operator shall notify the County Zoning Administrator by certified mail of the commencement of a voluntary or involuntary bankruptcy proceeding, naming the applicant, owner or operator as debtor, within 30 days of the beginning of the proceeding.
12. Financial assurance, in the form of an irrevocable letter of credit, secured by the owner or operator, for the purpose of adequately performing decommissioning and site reclamation, in an amount equal to 150% of the professional engineer’s certified estimate of the decommissioning and site reclamation costs.
13. Every five years a professional engineer’s certified estimate of decommissioning and site reclamation costs will be submitted and an adjustment to the financial assurance will be required.
CC. Financial Assurance for Decommissioning and Site Reclamation
1. At time of approval of the special use permit the amount of the irrevocable letter of credit shall be 150% of an independent engineer’s cost estimate to complete the work of decommissioning and site reclamation.
2. It is recognized that there may be a salvage that will result from the reclamation process; however, the County may limit the amount that can be used for determining the amount of the irrevocable letter of credit.
3. The owner, operator, applicant or legally responsible party shall gradually pay down the value of the irrevocable letter of credit by placing cash deposits in an escrow account over the first 7 years of the solar energy project as follows, and replacement letters of credit shall be simultaneously issued in the reduced amount.
a. The owner of the solar energy project and the County shall agree upon a mutually acceptable financial institution in excellent financial standing at which an escrow account shall be established.
b. The County shall be the beneficiary of the escrow account for the purpose of the reclamation of the solar energy project in the event that the solar energy project owner is unwilling to or incapable of decommissioning the solar energy project.
c. The owner of the solar energy project shall grant perfected security in the escrow account by use of a control agreement establishing the County as an owner of record.
d. At all times the total combined value of the irrevocable letter of credit and the escrow account shall be increased annually as necessary to reflect actual rates of inflation over the life span of the solar energy project and the amount shall be equal to or exceed the following.
(1) The amount of the engineer’s cost estimate as increased by known and documented rates of inflation since the solar energy project was approved; plus
(2) An amount for any future years left in the anticipated life span of the solar energy project at an assumed rate of inflation of 3% per year.
(3) Interest accrued on the escrow account that is over and above the total initial valuation value required shall go to the solar energy project owner, subject to the terms of the decommissioning and site reclamation agreement.
(4) In order to provide funding for the decommissioning at the time of decommissioning, the owner may exchange a new irrevocable letter of credit in an amount equal to the amount in the escrow account in exchange for the County agreeing to a release of the full amount of the escrow account.
4. The County may draw down on the funds in the escrow account in the event of the following situations and when the owner shall determine not to take any action to remedy the conditions. The terms under which such action may be taken should be defined in the decommissioning agreement but generally be limited to the following examples:
a. In the event that any individual panel or component thereof ceases to function and becomes mechanically or electrically inoperative for more than six consecutive months and the owner is not diligently repairing such panel or component thereof.
b. In the event that the owner declares any individual or group of panels or components to be functionally obsolete for tax purposes.
5. The decommissioning and site reclamation provision shall be included as part of the project special use application. The irrevocable letter of credit and evidence of the escrow account must be submitted to the County prior to any construction permit being issued.
6. The county reserves the right to require additional information or components to the plan as the county deems necessary to ensure that an adequate proposal is in place to decommission the facility in its entirety and that adequate funds are available.
DD. Cessation of Operation
If any solar panel(s) provided for in this section has not been in operation and producing electricity for at least 270 consecutive days, it shall be removed. The Monroe County Zoning Department shall notify the owner to remove the panel(s). Within 30 days, the owner shall either submit evidence showing that the system has been operating and producing electricity or under repair or remove it. If the owner fails to or refuses to remove the solar panel(s), the violation shall be referred to the Monroe County States Attorney for enforcement.
EE. Penalties
The applicant’s, owners, or operator’s failure to materially comply with any of the above provisions shall constitute a default under this ordinance.
Prior to implementation of the existing County procedures for the resolution of such default, the appropriate County body shall first provide written notice to the owner and operator, setting forth the alleged default. Such written notice shall provide the owner and operator a reasonable time period, not to exceed 30 calendar days, for good faith negotiations to resolve the alleged default. If the County determines in its discretion that the parties cannot resolve the alleged default within the good faith negotiation period, the existing County ordinance provision addressing the resolution of such default shall govern.
Section 3: Small Solar Energy Projects
This section shall apply to small solar energy projects as defined above.
To receive a building permit for a small solar energy project, the following conditions must be met:
1. The applicant shall submit to the local fire protection district a copy of plans for the solar energy project and shall provide any information that the fire district requests for the protection of emergency personal in case of fire. The applicant shall furnish the Zoning Department a letter from the local fire department that they have been notified.
2. The applicant shall submit to the local electric utility a copy of plans for the solar energy project and shall provide any information that the utility requests. The applicant shall follow all interconnection requirements and guidelines of the utility for the protection of personnel with the utility. The applicant shall furnish the Zoning Department a letter from the local electric utility that they have been notified and that the applicant is complying with their requirements.
3. For any solar energy project or panel that will be mounted on a roof, the applicant shall furnish the Zoning Department a letter from a structural engineer that the roof construction is sufficient for the solar energy project or panel load.
4. All small energy projects shall conform to applicable industry standards, including Monroe County, State and National construction, electrical and fire codes.
Set back will be the same as for any accessory building. No special use permit will be required.
A.Community Restrictions
B.Restrictions on Solar Energy Systems Limited. Consistent with 765 ILCS 165/, no homeowners’ agreement, covenant, common interest community, or other contract between multiple property owners within a subdivision of unincorporated Monroe County shall prohibit, or restrict homeowners from installing solar energy systems. No energy policy statement enacted by a common interest community shall be more restrictive than Monroe County’s solar energy standards.
Passed by the Board of County Commissioners this 5th day of February, 2018
Motion: Koerber Second: Wittenauer
Aye: Three Nay: None
Absent: None
Discussion followed on the proposed revisions to the Monroe County Zoning Code. Commissioner Koerber said she was in agreement with all of the recommendations except for the one about the roof fasteners. She said she felt that exposed fasteners should not be allowed, and the code should call for standing seam metal roofs or metal roofs with fasteners that are not exposed. Motion was made by Commissioner Koerber, with a second by Commissioner Wittenauer to approve all of the proposed changes except for the one about the exposed roof fasteners, and to send that change back to the various Monroe County committees for their review and revision. All voting Aye, none Nay and none Absent. Motion carried.
Ordinance 18-06
Whereas, the Monroe County Comprehensive Plan Committee reviewed Monroe County zoning Codes and made recommendations to approve the following changes; and
Whereas, the Monroe County Planning Commission reviewed the recommendation of the Monroe County Comprehensive Plan Committee and recommended approval of the following; and
Whereas, the Monroe County Zoning Board of Appeals held a public hearing to review the recommendation of the Monroe County Planning Commission and recommended approval of the following;
Now, Therefore Be It Ordained by the Board of County Commissioners of Monroe County, Illinois that Monroe County Zoning Code be updated to include the following changes:
1. Digital signs be allowed to change every 15 seconds and need to have an auto night time dimmer with manual control. Maximum intensity would be 0.3 foot candle over ambient lighting. No scrolling messages or graphics allowed.
2. Steel shipping containers used commercially or industrially for storage facilities follow all Monroe County and building codes including signed and sealed plans, foundations and anchors. Residential and agriculture use would require anchors.
3. Any building 100 square feet or more be anchored.
4. Any building 400 square feet or more have a footing and foundation or be of pole construction.
5. Any Special Use permit in the name of an LLC, trust or similar entity certify ownership and recertify ownership on an annual basis. Any change would require a new special use.
6. Small solar energy projects would be an accessory use in all zoning district. Large solar energy projects would be a special use in the A-1, A-2, I-1, I-2 and B-2 districts.
Passed by the Board of County Commissioners of Monroe County, Illinois at Waterloo, this 5th day of February, 2018.
Motion: Koerber Second: Wittenauer
Aye: Three Nay: None
Absent: None
Gibault soccer team lead by Coach Haudrich came to the County Board meeting to be recognized for their 2nd Place State Championship finish in the 2A Division. The group was presented with a certificate of achievement for their efforts.
Dorothy Mueller was recognized by the County Board following her retirement after serving for 48 years as the Secretary to the Monroe County Zoning Board of Appeals. She has been the Secretary of that group since Monroe County established zoning rules and regulations in the late 1960’s.
Gary Most of Marketicity came to the meeting to discuss the County’s website. He said that work continues on the site, but several decisions need to be made. He presented the Board with a proposal for hosting services that included:
Hosting by a third-party provider named SiteGround that offers sufficient space, redundancy, support and security options for a fee of $30 per month.
Site scanner malware monitoring for a fee of $24 annually.
Sucuri Site Scanning and Extra Security for a fee of $200 annually.
Mr. Most said that the last two services will provide the necessary protection from viruses and malware, and he recommended the county go with the complete package.
Motion was made by Commissioner Koerber, with a second by Commissioner Wittenauer to approve the expenditure of $484 for the total hosting package as proposed by Gary Most of Marketicity. Mr. Most was instructed to work with Kevin Koenigstein to set these expenses up for payment.
Motion was made by Commissioner Wittenauer, with a second by Commissioner Koerber to approve a Courtyard/Bandstand permit for the City of Waterloo for Military Heritage Day on Sunday, Jun 20. All voting Aye, none Nay and none Absent. Motion carried. This event is being produced in conjunction with the Illinois Bicentennial.
Motion was made by Commissioner Koerber, with a second by Commissioner Wittenauer to approve a Raffle Permit for “Giving to Goodnick” to be held at Fountain Inn on Saturday, March 24, 2018. All voting Aye, none Nay and none Absent. Motion carried.
Chairman Elmore said there will be a Department Head meeting later today with the following topics being discussed: Work Comp, Health Insurance, the handling of Social Security Numbers, dot-gov emails and the new ADP payroll program.
Dennis Knobloch reminded the commissioners that during one of the upcoming meetings they will need to establish the salaries for those County elected officials who will appear on the November General Election ballot.
Commissioner Koerber said Brian Hooten will be coming to the next County Board meeting to discuss the future of the bathrooms under the Bandstand. Mr. Knobloch asked if anyone had discussed this with the Waterloo Municipal Band to determine their needs for the bathrooms. Commissioner Koerber said she would contact Glen Lutz before the next meeting.
There being no further business to come before the Board, motion to adjourn was made by Commissioner Koerber, with a second by Commissioner Wittenauer. All voting Aye, none Nay and none Absent. Motion carried.
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