Sangamon Sun

Logan County Road and Bridge Committee met Feb. 5.

Here is the minutes provided by the Committee:

Mr. Farmer called the meeting to order at 7:40 pm.

ROLL CALL:

1) Approval of Minutes: A motion was made by Mr. Sanders, seconded by Mr. Ruben, to approve the minutes, from the December 4, 2017 and January 8, 2018 meetings. Motion passed.

2) Approval of List of Claims for Payment: Mr. Aukamp reported that under County Highway Fund the payroll payments were higher than normal because of overtime due to snowplowing. He discussed a payment to Blankenship Electric for installing a new electric base at one of the out buildings. Mr. Aukamp discussed several payments for work done on some equipment. He discussed payments under County Bridge fund to Richard Boblitt and Tom Hammel for bridge inspections. Mr. Aukamp reported payments under County Bridge and Matching Tax for some title work on a right-of-way that’s coming up. A motion was made by Mr. Ruben, seconded by Mr. Rohlfs, to approve the list of claims for payment. 5 ayes, Mr. Blankenship abstained, motion passed.

Maintenance: Mr. Aukamp reported that the crew plowed snow on several events this past month. He stated that with more snow in the forecast this week, it looks like they will be plowing snow a few more times. Mr. Aukamp reported that they still have a good supply of salt and cinders on hand. He stated that now that they have a bunker to store the salt, they are able to keep it covered. He discussed that it’s not a perfect system, but it is a big improvement. Mr. Aukamp reported that before this latest cold spell, they were able to catch up on a few culvert projects in the Latham area. He stated that they are continuing to make drainage improvements to help the ditches flow properly. He discussed that later this spring when the ground thaws out, they will continue with these projects. Mr. Aukamp reported that the crew has been patching potholes where needed. He stated that for now the roads are holding up pretty well for the winter and it helps that the underlying soils are very dry. Mr. Aukamp reported that they had some electrical work done to restore electricity to some of the outbuildings. He stated that these buildings had only partial power for the past month due to a problem with the old meter base. He stated that with the electricity back on, they are catching up on some of the signs that needed to be made.

Construction: Nothing to report.

Engineering: Mr. Aukamp reported that the bridge inspectors finished up last week. He stated that there were 126 structures inspected this winter and all of the reports have been reviewed and sent to IDOT. He stated that he hopes to have the comments compiled by next month so that he can provide a report to this Committee on the health of our bridges. He stated that his Assistant Engineer, Sam, accompanied the inspectors for several days and is interested in possibly taking the inspection class this year. Mr. Aukamp reported that the Seasonal Weight Limits went into effect on January 20th. He stated that the roads were closed to hauling for the first 2 weeks as the temperatures fluctuated above and below freezing. He stated that they are open to hauling this week since the roads are all frozen. Mr. Aukamp reported that last month they had declared some of the old equipment as surplus. He stated that he hasn’t gotten organized yet for a surplus auction but is hoping to have that sometime in March or April. Mr. Aukamp reported that next month, they will have the bid letting for contracted sealcoat work. He stated that they usually hold this letting in March of each year and they have already begun to assemble the details for the bid proposals. He stated that they will hold another bid letting in April for the sealcoat work using the County’s equipment. Mr. Aukamp reported that next week he will be in Springfield for 2 days to update his Pesticide Applicator’s license. He stated that 2 men on the maintenance crew will be attending the first day of training/testing. He discussed that he gets to go back on the second day since he oversees the pesticide program for the Highway Department. Mr. Aukamp reported that the National Association of County Engineers is holding their next conference in April. He stated that he tries to attend this conference every other year to earn PDH’s required for his professional license. He reported that this year’s conference is in Wisconsin. He stated that given the possibility of some upcoming construction, he will need to evaluate whether he can be out of the office at that time.

A motion was made by Mr. Ruben, seconded by Mr. Rohlfs, to accept the reports. Motion passed.

Old Business:

1. Teamsters Contract: Mr. Aukamp reported that the negotiating team met several times with the Teamster Local 916 to negotiate a new collective bargaining agreement for the next 3 years. He stated that the minutes for the negotiations are in the packets. Mr. Aukamp reported that the package that they have worked out includes pay increases of 2.5%, 2.75%, and 3% for each of the next three years. He stated that currently, the County pays for the full cost of the employee’s health insurance. He stated that this will slowly be changed over the course of the contract. He discussed that due to the differences in renewal dates for the collective bargaining agreement and the health insurance, they had to stagger this phase-out. He stated that the employees would begin paying a portion of their health insurance on 5/1/19. He stated that they would be paying a normal share of their health insurance on 5/1/21, which is beyond the termination date of this collective bargaining agreement. He discussed that they do have a letter from Teamsters Local 916 that they agree that the employees would be paying their full share of health insurance beginning on 5/1/21. He stated that this should set the stage for the next round of negotiations so the County is no longer paying a larger share of insurance costs for these union employees. Mr. Aukamp reported that if this proposal is recommended by the Road & Bridge Committee, it would go before the Board for approval later this month. Mr. Farmer stated that he was in agreement with the proposal. Mr. Sanders discussed that them paying for their insurance was a good tradeoff for the pay increases. Mr. Blankenship discussed not being comfortable with page 3, the second bullet point from the bottom where it talks about taking time in increments of 1 hour and he would rather see half day minimum. He stated that other than that, he likes the agreement. A motion was made by Mr. Ruben, seconded by Mr. Blankenship, to take the Teamsters Collective Bargaining Agreement in front of the full Board. Motion passed.

2. HillTopper Wind Farm: Mr. Aukamp reported that they have several items to discuss related to the proposed HillTopper Wind Farm. He stated that several of the conditions listed in the Conditional Use Permit involve roads and to satisfy these conditions they have been working to develop a Road Use Agreement and Roadway Plans. Mr. Aukamp reported that the Road Use Agreement has been in negotiation over the past few months. He stated that because the wind farm will need to use public roads to construct their project, they need to have an agreement in place which will outline the responsibilities of both parties. He discussed that the roads in this area of the County were not designed for this type of traffic loading and the developer will be making improvements to the roads before their construction activities begin. He stated that the HillTopper Wind Farm will be using roads under the jurisdiction of Logan County as well as the Mt. Pulaski Township, Elkhart Township, and Broadwell Township Road Districts. Mr. Aukamp reported that the development of the Road Use Agreement is a complicated task. He stated that the four highway authorities have been working with Sheryl Churney as their attorney. He discussed that this process began by using one of the previous road use agreements that Sheryl had drafted for another wind farm development. He discussed that since last September, they have been working on language that would be acceptable to all parties. Mr. Aukamp reported that they are still finalizing the last 1% of the agreement and they fully anticipate having those last issues resolved before the Board meeting. He stated that the most current draft of the agreement is in the packets and they can discuss any questions that the Committee would like to have answered. He stated that he believes the developer would like the Board to have this Road Use Agreement discussed at the February meeting. Sheryl Churney thanked the Committee for the opportunity to work for Logan County and praised Mr. Aukamp for his knowledge and being great to work with. She discussed wanting to protect the government bodies’ most important piece of infrastructure and most expensive, the roads, and also from the financial risk. Ms. Churney discussed it being 4 different agreements, one for the County and each Township, but virtually identical. She stated that the Background Sections tell who the parties are and why they are entering into the agreement. She discussed Section 2, which is what the County expects from HillTopper and is the bulk of the agreement, for before and during construction. She stated that Section 3 talks about fixing the roads after construction. Ms. Churney discussed Section 2 where it talks about the contract being known to HillTopper and all of its contractors, suppliers, and sub-contractors. She discussed a pre-construction meeting that Mr. Aukamp will attend and the major contractors and suppliers on the job to make sure everyone knows the key parts of the Road Use Agreement. Ms. Churney discussed Section 2 where it states that HillTopper must provide a Transportation Impact Analysis, including a Project Traffic Map. She discussed a lot of Do’s and Don’ts being in this section also. She discussed a Plan of Day Notice being given to Mr. Aukamp and the Highway Commissioners so that they know where work was being done on a daily basis. Ms. Churney discussed portions of Section 2 protecting road conditions while construction is going on, such as dust control measures and talks about interim repairs during construction. She reported on enforcement mechanisms in Section 2, such as contractual fines. Ms. Churney discussed protections for the government body in Section 2 and also reimbursement for out-of-pocket expenses. She discussed an indemnity section on page 15 that covers the government bodies. She stated that any work done by HillTopper on the roads must be done to IDOT specifications and workers will be paid in accordance to the Illinois Prevailing Wage Act. Ms. Churney stated that one of the provisions in Section 2 is that HillTopper provide the County with 24 hour contact information. She discussed a portion that states that financial compensation must be provided to the individual government bodies, such as for all permits and for time spent by staff on the project so that taxpayers do not bear any financial burden for the project. Ms. Churney stated that Section 3 discusses how the roads will be fixed once construction is done. She discussed shared responsibility between HillTopper and the government bodies for the repair work after construction. Ms. Churney discussed that HillTopper will be responsible for base failures, drainage work, ditches and shoulder work. She stated that HillTopper will be responsible for the first 2 coats of an A3 surface on the sealcoat roads and then the County and Townships will put on the final coat. She discussed that the agreement calls for an engineers’ estimate of the roads once the project is finished. She discussed a warranty period for the work done on the roads that is a 3 year period for the base of the roads and a 1 year period for the surface of the roads. Ms. Churney discussed a section that provides for a Dispute Resolution Mechanism with neutral engineers. She discussed that the agreement states that HillTopper provide proof of insurance in the amount of $10 million, with a 30 day notice prior to termination. Ms. Churney discussed additional financial security to the government bodies in the form of a Letter of Credit, with one example being to have 125% of the estimated road repairs already in the bank. She discussed that HillTopper will pay an annual fee to the various government bodies during the operational stage of the windfarm. Ms. Churney discussed a provision in the agreement for an extraordinary event, such as rebuilding the whole windfarm. She discussed a section where it talks about one of the parties being in breach of the agreement, and notice must be given with a 10 day cure period if this happens. She stated that if there is any sort of dispute, it would be held in Logan County. She reported that if there is any sort of dispute where it could be read to favor either party, the judge is told to rule in favor of the government body. Ms. Churney stated that she has worked with a lot developers in the past and the team from HillTopper has been a pleasure to work with. Ms. Churney stated that it is with her recommendation that this Committee pass a motion recommending adoption of a Road Use Agreement, substantially in the form of the Road Use Agreement presented tonight. Mr. Blankenship stated that the only thing that concerns him is on page 25, under section 7 Operations Phase of the Project, on letter D it has noted project vehicular traffic during the course of ordinary operations and maintenance. He stated that it does not have called out specifically repair, and that concerns him. He discussed having to replace a nacelle is completely separate from ordinary operations and maintenance. Mr. Blankenship discussed the term “project” and that once the windfarm becomes operational, he was unsure on the legalities and whether the repair would fall under the “project” anymore. He discussed extraordinary events and the wording for excessive delivery of turbine parts. He stated that if there was a nacelle fire, there would be an excessive delivery of parts, extremely heavy crane. Mr. Blankenship stated that he was concerned about the County being fully protected for a significant repair, even though it doesn’t occur very often. Ms. Churney stated that she appreciated what Mr. Blankenship was saying and that in other projects she has had lightning strikes come up. She discussed that maybe once a year she has seen repairs needing to be done and that’s what is covered in the agreement. She discussed that if 5 turbines or more need to be repaired, that’s what would be covered under an extraordinary event. Ms. Churney discussed wording where HillTopper would be responsible for road damage above and beyond regular wear and tear on the roads, and that’s what the annual fee would cover. Mr. Ruben and Mr. Aukamp discussed what was already done with the Railsplitter wind farm and that there were not as many provisions covered in that Road Use Agreement. Mr. Aukamp stated that there has not been road damage as of yet around the Railsplitter wind farm besides the normal wear and tear. He discussed that an isolated event would be covered in the current wording. Mr. Ruben asked about the dollars not being filled in on that page. Ms. Churney stated that there is a foot note with the dollars filled in. Mr. Aukamp discussed at the end a Special Exhibit page for Special Provision for Switchyard Access that HillTopper had requested. Matt Birchby, of HillTopper, stated that he was personally impressed with Brett Aukamp and Sheryl Churney through this process and has enjoyed working with them. A motion was made by Mr. Ruben, seconded by Mr. Sanders, to send the Road Use Agreement forward to the full Board. Ms. Churney stated that she would be in attendance at Workshop to answer any questions. Motion passed. Mr. Aukamp reported that the roadway plans are still being developed and changed. He stated that he was given the latest set of plans in January which were 500 plus pages. He stated that he was told that these were “final plans”, however there are many changes still being made. Mr. Aukamp reported that earlier today he received responses to the comments that he submitted back in early December. He stated that a lot of those comments have been addressed but he will continue working to resolve the remaining comments. Mr. Aukamp reported that because the developer is hoping to move forward with construction soon, he has been spending a lot of his time reviewing these plans, meeting with the Townships, and compiling all of their comments. He stated that currently that list is 8 pages long. He stated that he has submitted these comments to Farnsworth, who is the design consultant for the HillTopper project. He stated that they are now meeting once a week to work through the outstanding issues. Mr. Aukamp stated that he received the Traffic Impact Analysis today and will need to review these as well with the roadway plans. Mr. Aukamp discussed that the Road Use Agreement stated that the County can hire an engineering consultant to help with the review of the roadway plans. He stated that HillTopper will reimburse the County for any of those expenses. He state that he has reached out to Cummins Engineering for their assistance with this task. Mr. Aukamp reported that consultant engineers are more familiar with the various IDOT design standards than he is. He discussed that he has already created a list of items that he would like them to check and they would be able to provide another set of eyes on these plans. Mr. Aukamp reported that Cummins Engineering has offered to review these plans at their hourly rates. He stated that they have given him and agreement with an upper limit of $16,000. He stated that he would ask that the Committee approve this agreement so that the consultant can get started right away. He stated that this would be coming out of the Matching Tax Fund, and then reimbursed by HillTopper. A motion was made by Mr. Rohlfs, seconded by Mr. Blankenship, to approve an engineering agreement with Cummins Engineering for engineering review of roadway plans. Roll call vote, all ayes, motion passed.

New Business:

1. Federal Programming: Mr. Aukamp reported that at the November meeting, they discussed various projects on the 5-year plan. He stated that most of those projects will use federal funds which are allotted to Logan County. He stated that he met with IDOT to discuss each of these projects and provided cost estimates. He stated that IDOT then works with the plans to program the federal funds so they will be available in the upcoming years for the projects. He stated that a map of these federally funded projects is in tonight’s packet. Mr. Aukamp reported that the 5th Street Road project had been programmed for 2018. He stated that since this project relies on some private funding from a proposed wind farm, they were not able to move forward with that construction. He stated that instead those funds will be used for improvements to County Highway 25 near Atlanta. He stated that they will try to program the 5th Street project again when he can determine if that private wind farm money will be available.

2. Load Rating on Burton View Culvert: Mr. Aukamp reported that this project is schedule for a letting on March 9th. He stated that IDOT came out with a new requirement last August and all new bridges and box culverts will need to have a load rating analysis before they are constructed. He stated that IDOT used to perform this service whenever necessary, but they are now requiring the counties to pay for this engineering analysis during the design phase. He stated that this will make it easier for IDOT to perform future analysis. Mr. Aukamp reported that when they signed the engineering agreement for this project, they did not expect that they would need to perform a load rating analysis. He stated that he is asking for the Committee’s approval to have Fehr-Graham perform this analysis. He stated that the cost will be around $500 and he does not believe that they need a formal engineering agreement for this work. A motion was made by Mr. Blankenship, seconded by Mr. Rohlfs, to approve a load rating analysis on the proposed box culvert on County Highway 22 near Burton View (Section 15-00081-04-BR). Motion passed.

3. Approval of Construction Contracts for Riprap: Nothing to report.

Public Comments:

A motion was made by Mr. Rohlfs, seconded by Mr. Sanders, to adjourn the meeting. Motion passed. Meeting ended at 8:49 pm.