|
 Present: Dave Hepler – Vice Chairman; Bob Farmer – Chairman; Andy
Anderson; Kevin Bateman; David Blankenship; Emily Davenport; Pat
O’Neill; Gene Rohlfs; Chuck Ruben; Jan Schumacher
Absent: Jan Schumacher; Rick Aylesworth
Guests: See attached documents
Mr. Hepler called the meeting to order at 7:09 pm.
The Pledge of Allegiance was led by Mr. Schaffenacker
Moment of silence was observed in honor of Donald May and Richard
Hurley.
Mr. Hepler started the meeting with a letter from Sheriff and Jan
Schumacher.
Mrs. Schumacher was as followed: “I am sorry I am unable to attend
today's workshop session. Our son is getting married in St. Louis
this weekend and I had commitments there today. I have spent the
past 3 weeks investigating the mine rezone issue. I have talked to
many concerned citizens and have toured the mine to better
understand their operation. When I return on Sunday, I will listen
to a recording of tonight's meeting. I will be prepared to vote at
Tuesday night's regular meeting. Thank you.”
Planning and Zoning: Mr. Hepler explained the directive of
Rules and Procedure for speaking and courtroom demeanor. The Mine
Representatives have ten minutes to explain the project, the
opposition will then be given 20 minutes to state their views, and
the mine will have another ten minutes to respond.
 Then the floor will be opened up for public comments.
A motion was made by Mr. Ruben, seconded by Mr. Farmer, to approve
LO 13-14-100-Resolution to Amend the Logan County Zoning Mao Case
4-R-14 that the petition of ICG Illinois, LLC and Ark Land Company
to rezone property from A (Agricultural District) and SD (Special
District) to M-3 (Extaction District) zoning district is hereby
approved. Discussion held.
Hepler turned the floor over to Viper Mine.
Garret Barton, the engineering manager for Viper Mine, presented on
why the facility is necessary for the mine. Mr. Barton explained the
current facility is reaching its full capacity. By 2017, a new
impoundment needs to be ready for reception. Mr. Barton stated “You
may have heard the allegations that we haven’t evaluated other
locations, that’s not true”. Mr. Barton stated they evaluated other
location. Mr. Barton said the Mine has even went as far as
contacting neighboring land-owners for other shorter term expansion
as an option. However, the land-owners were not willing to sell that
land. Mr. Barton said the Mine still plans to utilize the $17
million conveyor that stretches between Williamsville and Elkhart.
Mr. Barton showed a diagram to show how the coal extracted and
refuse is disposed of. Mr. Barton gave a brief over-view of the
process the company conducts from mining the coal to the point of
ash and coarse refuse disposal. Mr. Barton expressed that the fly
ash is non-toxic. He said in fact the same ash we receive is
commonly sold for other beneficial uses, including road-based
construction, structural fill, and agricultural uses. However, Viper
Mine receives the overflow of what cannot be sold. Viper Mine does
test the coal refuse this is routinely monitored for toxic metals
and quarterly reports are sent to the state. Regulators have
expressed no concerns.
The Mine is currently proposing three phases of construction. Mr.
Barton explained the three phases. The mine is currently in phase
one. Phase one-start construction in 2015- on the area furthest
south on the plot of land, immediately adjacent to the existing
coarse refuse area. This needs to be ready by 2017.
Phase two would start around 2019 and Phase three which would be
closest to the Mount Pulaski blacktop, would be built in 2023.
Mr. Barton added that the overall foot-print of the new facility
would be slightly smaller than the existing one, Mr. Barton mention
plans to plant trees on the east and west to shield it from the
view. He showed a picture. Mr. Barton reported a study from
University of Illinois indicated one coal mine job supports 7.3
additional jobs. Viper Mine approximately pays $35 million in
royalties to Logan County property owners for mineral rights over
the next twenty years. Viper Mine currently pays $352,000 per year
in property taxes, and $177,000 annually. If the Logan County Board
votes to pass the rezone it would raise the company’s property taxes
by an estimate $177,000 annually. Viper mine hires their employees
within a 35 mile radius.
Elkhart has twenty minutes.
Daniel Hamilton, an attorney with Brown, Hay and Stephens. Mr.
Hamilton spoke on the behalf of those opposing the rezone. Mr.
Hamilton said he wants to talk about the real reason with the issue
of the rezone. Mr. Hamilton stated the zoning is based on eight
legal factors that you consider in order to decide whether or not
the proper use of the property is for the proposed use. Mr. Hamilton
ran through the list. Mr. Hamilton stated there has to be a showing
that the zoning is justified and that’s what we haven’t seen.
There’s been no justification based on these factors for the area to
be rezoned and that’s why the Zoning Board of Appeals recommended to
not rezone. Mr. Hamilton said there’s been no testimony provided on
the record that states a need. The only need we have heard been
suggest is that there will be job loss. Mr. Hamilton said we are
hearing conflicting stories. He pointed out that the companies
application states that 300 jobs would be lost if the request was
not granted. Mr. Hamilton believes the rezone does not meet the
LaSalle criteria for zoning matters.
Mr. Hamilton yielded the floor to Mr. Lyle Fout, Village President
of Elkhart.
Mr. Fout wanted the citizens of Elkhart to be heard. Mr. Fout has a
petition signed with over 700 signatures opposing the rezone. Mr.
Fout mentioned the resolution that the village board passed
unanimously to oppose the rezone. Mr. Fout mentioned some of his
concerns. The first concern is the water source. Mr. Fout fears the
possibility of containment the water increase greatly with the size
of the proposed containment area. Mr. Fout is worried about future
generations and making sure they are protected.
Scott Noltensmeier stood up and voiced his concerns. Mr.
Noltensmeier just bought his home because of the beautiful view in
Elkhart. Mr. Noltensmeier shared a letter from Seth Goodman. Mr.
Noltensmeier fears if the rezone is approved his property value will
go down. Mr. Noltensmeier stressed that he did not want Viper Mine
to close but did not want to see this rezone happen.
 Whitney Pasquesi, an Elkhart resident reported “If coal ash is
non-toxic, then why is the EPA proposing new regulations under the
Resource Conversation and Recovery act, why is the coal industry
paying billions of dollars in spills; why do these facilities
require hazard mitigation plans”. Ms. Pasquesi also cited multiple
cases in Illinois EPA and IDNR. Ms. Pasquesi asked the board to
please vote no.
Vern Moss, an Elkhart resident. Mr. Moss referred to the LaSalle
criteria for zoning matters, “the extent to which the destruction of
property values of plaintiff promotes the health, safety, morals, or
general welfare of the public”. Mr. Moss did not feel the rezone met
this requirement. Mr. Moss asked for the Logan County Board to
please vote no for the rezone.
Lisa Pasquesi, an Elkhart resident. Mrs. Pasquesi voiced her
concerns regarding environmental and health concerns.
Will Drake, an Elkhart resident. Mr. Drake voiced his concerns. Mr.
Drake feels Arch Coal has no value for Logan County.
Since the opposition went slightly over time, Viper Mine will get 15
minutes for response.
Jim Meyer reported if the rezone does not happen jobs are at risk.
Mr. Meyer stated we have to be concerned about the long-term
operation of the facility. If the rezone is approved this would
allow Viper Mine to provide stability to the operation for another
twenty years.
Mr. Barton said this is the only option for us for a long term
Mining plant.
Mr. Meyer touched on property value. Mr. Meyer reported he has be
unable to locate any studies saying property taxes would be impact
by this rezone.
Mr. Snow reported the facility would include containment areas for
potential water runoff to help ensure it is recycled and does not
leech into other properties. The speaker insured the facility will
continue regular testing regarding safety. Mr. Meyer’s reported the
new facility would not require any additional water. They would run
the new facility just like the old facility.
Mr. Hepler allowed public comments at this time.
Several Elkhart residents stood up to voice their concerns regarding
the rezone. Also several Mine employees stood up to voice their side
regarding the rezone. Elkhart residents repeatedly asked the County
Board to please vote down the rezone request. Viper Mine employees
frequently asked the County Board to vote yes for the rezone.
Deliberation among the board members.
Mr. Ruben asked Mr. Fulscher to speak regarding Emergency Management
Mitigation Plan.
Mr. O’Neill reported this decision is very tough. Mr. O’Neill is in
favor of the rezone. Mr. O’Neill read a statement touching on the
safety issues, tourism and property values.
Mr. Rohlfs voiced his concerns. Mr. Rohlfs said “700 people have
signed a petition opposing the rezone. I hear both sides. I really
appreciate the fact that the mine has been a safe mine, that the
workers are conscientious, but I also appreciate that I am here to
represent both sides, not just safe jobs”. Mr. Rohlfs does not want
to see any more jobs leave Logan County. However, jobs are not the
only consideration with this rezone. Mr. Rohlfs reported “the pond
they’re using now is good for another two years or better.” Mr.
Rohlfs would like to wait until the first of the year before making
any decisions, EPA comes out with new ruling in December.
Mr. Hepler asked Mr. Barton a couple questions.
Mr. Hepler asked if Mr. Barton knew of any other site options that
would make economic sense to utilize. Mr. Barton said no.
[to top of second column] |
The next question Mr. Hepler asked was if Mr. Barton thought the
mine would close if the rezone was not approved. Mr. Barton said
yes.
Straw vote taken, motion failed. The board took a five minute recess
at 9:12p.m.
Airport/Farm:
Mr. Rohlfs reported 1,102 gallons of fuel were sold in September.
Nothing further to report.
Animal Control: Nothing to report.
Building and Grounds:
A motion was made by Mr. Bateman, seconded by Mr. Anderson, to bring
forward a bid from BLI Lighting project for both parks. Total cost
of the project is $15,277, but we will get a DCEO rebate of $3,790
and expect to see an annual energy savings of $854. That makes our
net investment $11,486. BLI has agreed to do the work now, with the
county paying for it next fiscal year. Straw vote taken, motion
passed. Nothing further to report.
Chamber of Commerce: Nothing further to report.
Community Action:
Mr. O’Neill reported Community Action welcomes Elected Officials
to read to the children at Head Starts schools. Nothing further to
report.
Executive/Economic Development:
Mr. Hepler reported Bill Thomas has been working with the mine to
build a better relationship. Mr. Rohlfs questioned why the County
Board does not have the new bylaws. Mr. Rohlfs said the City already
has the new Bylaws. Mr. Ruben or Mr. Farmer has not seen the new
Bylaw. Nothing to report.
Finance:
A motion was made by Mr. Ruben, seconded by Mr. Farmer, to approve
the General Fund Levy. Straw vote taken, motion passed.
A motion was made by Mr. Ruben, seconded by Mr. Blankenship, to
approve Bonds Levy. Straw vote taken, motion passed.
A motion was made by Mr. Ruben, seconded by Mr. Anderson, to approve
Liability Insurance Fund Levy. Straw vote taken, motion passed.
 A motion was made by Mr. Ruben, seconded by Mr. Anderson, to approve
County Health Department Fund Levy. Straw vote taken, motion passed.
A motion was made by Mr. Ruben, seconded by Mr. Rohlfs, to approve
Illinois Municipal Retirement Levy. Straw vote taken motion passed.
A motion was made by Mr. Ruben, seconded by Mr. Blankenship, to
approve County Highway levy. Straw vote taken, motion passed.
A motion was made by Mr. Ruben, seconded by Mr. Blankenship, to
approve County Bridge fund Levy. Straw vote taken, motion passed.
A motion was made by Mr. Ruben, seconded by Mr. Anderson, to approve
Highway Matching Tax Levy. Straw vote taken motion passed.
A motion was made by Mr. Ruben, seconded by Mr. O’Neill, to approve
Ambulance Fund Levy. Straw vote taken, motion passed.
A motion was made by Mr. Ruben, seconded by Mr. Rohlfs, to approve
Tuberculosis Sanitarium Levy. Straw vote taken motion passed.
A motion was made by Mr. Ruben, seconded by Mr. O’Neill, to approve
Senior Citizen Fund Levy. Straw vote taken, motion passed.
A motion was made by Mr. Ruben, seconded by Mr. O’Neill, to approve
Cooperative extension levy. Straw vote taken, motion passed.
A motion was made by Mr. Ruben, seconded by Mrs. Davenport, to
approve 14-15 Budget. Straw vote taken motion passed.
A motion was made by Mr. Ruben, seconded by Mr. Anderson, to approve
Lo 13-14 91 Abatement the $600,000 Taxable General Obligation Bond.
Straw vote taken, motion passed.
A motion was made by Mr. Ruben, seconded by Mr. Anderson, to approve
LO 13-14 99- Hire Appellate Prosecutor at $12,000.00. Straw vote
taken, motion passed.
A motion was made by Mr. Ruben, seconded by Mr. O’Neill, to approve
Audit Engagement Letter. Straw vote taken, motion passed.
A motion was made by Mr. Ruben, seconded by Mr. Blankenship, to give
a $2,000 Spending Limit to the Airport and Farm Chairman. Straw vote
taken, motion passed.
A motion was made by Mr. Ruben, seconded by Mr. O’Neill, to approve
LO 13-14 101-Increasing Court Document Storage Fund. Straw vote
taken, motion passed.
A motion was made by Mr. Ruben, seconded by Mr. Blankenship, to
approve LO 13-14 102- Increasing Court Automation Fund. Straw vote
taken, motion passed.
Mr. Ruben reported we received our money from Monsanto enterprise
Zone. The county received $60,000 from Monsanto. Nothing further to
report.
General Assembly: Nothing to report.
Health:
Mr. Hepler yielded the floor to Don Cavi. Mr. Cavi reported the
Health Department is keeping a close eye on Ebola. Mr. Cavi has a
hotline for Ebola if anyone would want the number. Health Department
has already given 869 flu shots. Health Department is still waiting
on the higher dose for patience’s 65 or older. Nothing to report.
Insurance/Legislation:
Mr. Anderson reported at this month’s insurance meeting, the
committee received the renewal offer from Lincoln Financial for
employee dental insurance. Currently the County is paying $31.81 per
month per employee-an increase of 13%. The committee asked Nancy
Schaub to have Lincoln Financial reconsider the proposal. After
review, Lincoln Financial revised the renewal offer and lowered the
premium to $34.96 per month per employee an increase of 9.9%.
According to Nancy, this increase is more in line with increases she
is seeing for other groups.
A motion was made by Mr. Anderson, seconded by Mrs. Davenport, to
accept the renewal offer from Lincoln Financial to continue offering
dental coverage to Logan County employees, and for Logan County to
continue paying the full cost of $34.96 per month for employee
coverage, effective December 1, 2014. Straw vote taken, motion
passed. Nothing further to report.
Workforce Investment: Nothing to report.
Law Enforcement and EMA:
A motion was made by Mr. Bateman, seconded by Mr. O’Neill, to
approve for
Logan County Coroner MTU Agreement #10. Straw vote taken, motion
passed.
A motion was made by Mr. Bateman, seconded by Mr. Blankenship, to
purchase the pickup truck for EM-COM and be reimbursed. Straw vote
taken, motion passed. Nothing to report.
Liquor:
Mr. Farmer reported we received Liquor and Gaming License from
Corn Crib. Nothing to report.
Economic Development Partnership: Nothing to report.
Road and Bridge:
A motion was made by Mr. Anderson, seconded by Mr. O’Neill, to
approve Resolution LO 13-14 98, which is a request from Corwin
Township for $20,000 from the County Bridge Fund in order to replace
a culvert on 1400th Street. Straw vote taken, motion passed. Nothing
further to report.
Main Street and Tourism: Nothing to report.
Waste Management: Nothing to report.
Safety: Nothing to report.
Personnel. Nothing further to report.
County Board Chairman’s Report:
Mr. Farmer plans to appoint Melanie Blankenship to Economic
Development Partnership on Tuesday. Mr. Farmer mentioned we need
dates/locations for the Logan County Board Christmas Party and
Employee Lunch.
Mr. Farmer reported on Tuesday night he would like to bring forward
a motion to recognize Logan County’s 175th Birthday with a dinner
and celebration for past and present elected county officials on
Saturday, November 15.
The dinner will be $30 for single, $50 for couple, and will be
invitation only to past and present elected officials. The
invitations and postage will be absorbed from the county board
supplies line item. All other cost will be paid for from the
proceeds collected from attendees by RSVP with no cost from tax
payer dollars. Further to report.
A motion was made by Mr. O’Neill, seconded by Mr. Anderson to
adjourn the meeting. Motion passed. Meeting adjourned at 9:46 pm.
[Copied from Logan County website] |
