PEORIA COUNTY BOARD MEETING AGENDA Thursday, May 10, 2018 6

Sharon K. Williams, District 1 Vice-Chairperson -Stephen M. Morris, District 10 Junior Watkins, District 2 Gregory Adamson, District 11 Barry Robinson, District 3 Robert Baietto, District 12 Chairperson-Andrew A. Rand, District 4 James T. Fennell, District 13 Rachael Parker, District 5 Brian Elsasser, District 14 G. Allen Mayer, District 6 Steven Rieker, District 15 James C. Dillon, District 7 Brad Harding, District 16 Phillip Salzer, District 8 Thomas H. O’Neill, III, District 17 Kathrin Pastucha, District 9 Andrew A. Rand - Chairperson Paul Rosenbohm, District 18 R. Steve Sonnemaker, County Clerk

PEORIA COUNTY BOARD MEETING AGENDA Thursday, May 10, 2018 6:00 PM County Courthouse • 324 Main Street • County Board Room 403 • Peoria, Illinois 61602 Voice: (309) 672-6056 • Fax: (309) 672-6054 • TDD: (309) 672-6073 www.peoriacounty.org

CALL TO ORDER MOMENT OF SILENCE PLEDGE OF ALLEGIANCE ROLL CALL BY THE COUNTY CLERK

I. APPROVAL OF MINUTES • Approval of April 12, 2018 County Board Meeting Minutes • Approval of April 12, 2018 County Board Executive Session Meeting Minutes

II. CITIZENS' REMARKS

(To address the County Board, fill out a card and submit it to the Chairman before the Board Meeting.)

III. CONSENT AGENDA C1. The Treasurer report consisting of the Bank and CD's Portfolio for the month of March 2018 and Revenue & Expenditure Reports for the month of February 2018.

C2. The Auditor's report of expenditures from Accounts Payable system is accessible at www.peoriacounty.org/auditor/transparency.

C3. A resolution (item 1 – reconveyances; item 2 – surrender; items 3 – 7

conveyances; items 8 – 9 defaulted reconveyances) from the Ways and

Means Committee recommending that the County Board Chairman be

authorized and directed to execute deed of said property to the highest

bidder, and be authorized to cancel the appropriate Certificates of

Purchase. This resolution shall be effective ninety days from May 10,

2018 and any transaction between the parties involved not occurring

within this period shall be null and void.

C4. A resolution from your Executive Committee recommending approval

for Peoria County to enter a franchise agreement with Comcast of

Illinois/Indiana/Ohio, LLC, for the operation of a cable communications

system within the County, for a term not to exceed fifteen (15) years.

Peoria County Board Agenda Thursday, May 10, 2018

C5. A resolution from your Public Safety and Justice Committee

recommending approval of the 2018 Domestic Violence Grant Agreement with the Illinois Criminal Justice Information Authority and the Peoria County Adult Probation Department in the amount of $125,125.00, and related budget amendments.

C6. A resolution from your Land Use Committee recommending acceptance of an Illinois Housing Development Authority (IHDA) Abandoned

Residential Property Municipal Relief Program Grant Award in an

amount not to exceed $27,950.00.

C7. A resolution from your Land Use Committee recommending adoption of the Peoria County Multi-Hazard Mitigation Plan.

C8. A resolution from your County Health Committee recommending

approval of a Heddington Oaks Bad Debt Policy.

C9. A recommendation from your Infrastructure Committee to approve an Ordinance for prevailing rate of wages for laborers, mechanics and other workers contracted in performing construction of public works in Peoria County as determined by the Illinois Department of Labor.

C10. A resolution from your Infrastructure Committee recommending approval of a joint agreement between the County of Peoria and the Illinois Department of Transportation for the installation of traffic signals at the intersection of U.S. Route 24 and Cameron Lane.

C11. Chairman Appointments.

IV. ZONING ORDINANCE AND RESOLUTIONS 1. Case #013-18-U, Petition of Peoria Solar, LLC. A Special Use as required in Section 20-5.11.2.2.m of the Unified Development Ordinance. This section allows for a special use in the “I-2” Heavy Industrial zoning district for a Solar Energy Generation Facility, provided that the conditions in Section 7.17 (“Ground Mounted Solar Energy Equipment”), of these regulations are met. The petitioner requests a special use for a Solar Energy Generation Facility. The parcel is located in Limestone Township. The Zoning Board of Appeals recommends approval with restrictions. The Land Use Committee concurs.

2. Case #015-18-U, Petition of Peoria Solar 2, LLC. A Special Use as required in Section 20-5.11.2.2.m of the Unified Development Ordinance. This section allows for a special use in the “I-2” Heavy Industrial zoning district for a Solar Energy Generation Facility, provided that the conditions in Section 7.17 (“Ground Mounted Solar Energy Equipment”), of these regulations are met. The petitioner requests a special use for a Solar Energy Generation Facility. The parcel is located in Limestone Township. The Zoning Board of Appeals recommends approval with restrictions. The Land Use Committee concurs.

Peoria County Board Agenda Thursday, May 10, 2018

3. Case #017-18-U, Petition of Brimfield Solar, LLC. A Special Use as required in Section 20-5.1.3.2.f of the Unified Development Ordinance. This section allows for a special use in the “A-1” Agricultural Preservation zoning district for a Solar Energy Generation Facility, provided that the conditions in Section 7.17 (“Ground Mounted Solar Energy Equipment”), of these regulations are met. The petitioner requests a special use for a Solar Energy Generation Facility in the “A-1” Agricultural Preservation zoning district. The parcel is located in Brimfield Township. The Zoning Board of Appeals recommends approval with restrictions. The Land Use Committee concurs.

4. Case #018-18-U, Petition of Shissler Solar, LLC. A Special Use as required in Section 20-5.1.3.2.f of the Unified Development Ordinance. This section allows for a special use in the “A-1” Agricultural Preservation zoning district for a Solar Energy Generation Facility, provided that the conditions in Section 7.17 (“Ground Mounted Solar Energy Equipment”), of these regulations are met. The petitioner requests a special use for a Solar Energy Generation Facility in the “A-1” Agricultural Preservation zoning district. The parcel is located in Brimfield Township. The Zoning Board of Appeals recommends approval with restrictions. The Land Use Committee concurs.

5. Case #021-18-Z, Petition of Michael Cochran. A Rezoning request from “A-1” Agricultural Preservation to “I-1” Light Industrial. The petitioner proposes to rezone the property in order to allow the construction of an addition and storage yard expansion to the rear of the existing facility. The parcel is located in Hallock Township. The Zoning Board of Appeals recommends approval. The Land Use Committee concurs.

6. A recommendation from the Chairman of Ways and Means Committee and the County Administrator to approve amendments to Chapter 3, Alcoholic Liquor, of the Peoria County Code, to allow licensing of for-profit Sportsman’s Clubs. (Poll Vote per Rules of Order, Article V, Section 18C)

7. A resolution from your County Operations Committee recommending approval of setting salaries of Elected Officials (County Clerk, Treasurer, Sheriff, County Board Members – even numbered districts, County Board Committee Chairpersons, County Board Chairperson) serving a term from December 1, 2018 through November 30, 2022.

V. MISCELLANEOUS AND ANNOUNCEMENTS

VI. ADJOURNMENT

PEORIA COUNTY BOARD MEETING MINUTES Thursday, April 12, 2018 6:00 PM County Courthouse • 324 Main Street • County Board Room 403 • Peoria, Illinois 61602 Voice: (309) 672-6056 • Fax: (309) 672-6054 • TDD: (309) 672-6073 www.peoriacounty.org/countyboard CALL TO ORDER MOMENT OF SILENCE PLEDGE OF ALLEGIANCE ROLL CALL BY THE COUNTY CLERK

Attendance was taken with the Roll Call-Pro voting system, and the following members of the Board were present: Adamson, Baietto, Dillon, Elsasser, Fennell, Harding, Mayer, Morris, O'Neill, Rand, Rieker, Robinson, Rosenbohm, Salzer, Watkins and Williams, with Parker and Pastucha absent.

I. APPROVAL OF MINUTES • Approval of March 8, 2018 County Board Meeting Minutes • Approval of March 8, 2018 County Board Executive Session Meeting Minutes

Baietto moved for approval of the minutes, O’Neill seconded. The minutes were approved by a unanimous roll call vote of 16 ayes.

II. PROCLAMATIONS AND PRESENTATIONS • A proclamation recognizing the Richwoods High School Girl’s Basketball Team for winning the state championship in the 2018 Class 3A Girl’s Basketball IHSA Tournament.

Parker entered the meeting.

• A proclamation recognizing May 6-12, 2018 as “National Correctional Officers Recognition Week” • A proclamation recognizing May 13-19, 2018 as “National Police Week” • A proclamation recognizing April 2018 as Child Abuse Prevention Month and promoting the effort of the 11th annual Hands-Around-the-Courtyard event

III. CITIZENS' REMARKS

Denis Cyr, 5th District Peoria City Councilmember, addressed the Board about the Willow Knolls and Allen Road intersection. He thanked the Board for the support of the road project and expressed that the Board and the Council can work as a team to do great things.

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Peoria County Board Minutes Thursday, April 12, 2018

Morris noted that PPUATS passed a resolution allowing the federal dollars that would have been used for the intersection to be given to another project in 2021. Rieker thanked Mr. Cyr and he challenged the Board to work together with other local governing bodies.

IV. CONSENT AGENDA C1. The Treasurer report consisting of the Bank and CD's Portfolio for the month of February 2018 and Revenue & Expenditure Reports for the month of January 2018.

C2. The Auditor's report of expenditures from Accounts Payable system is accessible at www.peoriacounty.org/auditor/transparency.

C3. A resolution from your Executive Committee recommending approval to reauthorize the Home in the Heights Neighborhood Revitalization Program funding in the amount of $300,000.00 from the County State Capital Improvement (Keystone) Fund.

C4. A resolution from your Budget Subcommittee recommending approval

of an appropriation in the 2018 budget of 2017 encumbrance rollovers and rollover appropriations in the amount of $1,383,383.00.

C5. A resolution from your Budget Subcommittee recommending approval of an appropriation into the FY 2018 Hazard Mitigation Grant Program budget for unspent FY 2017 grant funds.

C6. A resolution from your Public Safety and Justice Committee recommending approval of an appropriation into the FY 2018 Solid Waste Fund in the amount of $36,500.00 to cover unanticipated expenses for Sustainability Grants.

C7. A resolution from your Public Safety and Justice Committee recommending approval of the purchase of two (2) replacement vehicles for the Peoria County Sheriff’s Office.

C8. A resolution from your Infrastructure Committee recommending approval of the transfer of fiduciary control of Public Transportation Grants from Peoria County to the Greater Peoria Mass Transit District.

C9. A resolution from your Infrastructure Committee recommending approval of quotations for County Highway Maintenance materials to be purchased during 2018 on an as needed basis.

C10. A resolution from your Infrastructure Committee recommending approval of a Cooperative Research Agreement between the County of Peoria and Bradley University, for the purpose of maintaining the Pavement Management Program.

C11. A resolution from your Infrastructure Committee recommending approval of Peoria County Highway Department participation in a 2 4

Peoria County Board Minutes Thursday, April 12, 2018

railroad safety improvement project on Kingston Mines Road.

C12. Chairman Appointments.

Mayer moved to approve the Consent Agenda and Robinson seconded. Fennell asked to pull Item C4; Adamson asked to pull Item C3. The Consent Agenda, except for Items C3 and C4, was approved by a roll call vote of 16 ayes and 1 nay, with Harding voting nay.

C3. A resolution recommending approval to reauthorize the Home in the Heights Neighborhood Revitalization Program.

Mayer moved to approve Item C3 and Fennell seconded.

Adamson asked about the program’s process, how the funds could be used, and who could use the funds. Mr. Sorrel highlighted the uses, the goal of the program to help Peoria Heights in various ways, and how the program could be extended to other communities.

Chairman Rand conveyed that the vote came from Executive Committee unanimously and Elsasser suggested that if the program is extended to other communities, that all will be treated fairly. Chairman Rand brought up that the nature of the Heights is that it is landlocked and the program helps in areas to strengthen the EAV.

Parker asked about who is responsible for the program and its promotion. Mr. Sorrel identified that the Heights is responsible. Fennell emphasized that the program incentivizes expanding homes.

Adamson inquired about the financing structure for the participants, if the program has been discussed with banking institutions, and if it has been done elsewhere. Mr. Sorrel mentioned that the program has worked as modeled, other parties helped develop it, and it has been modeled from multiple programs. Dillon reported that Peoria Heights had a kick-off for the program that included banks and realtors to promote the program.

Item C3 was approved by a roll call vote of 16 ayes and 1 nay, with Harding voting nay.

C4. A resolution recommending approval of a 2018 budget appropriation for 2017 encumbrance rollovers and rollover appropriations.

Fennell moved to approve Item C4 and Mayer seconded. Fennell explained that the exhibits the committee passed had a PO that needed separated out and new exhibits have been prepared.

Fennell moved to amend exhibits A & B in the resolution and Mayer seconded. The motion to amend the resolution passed by a roll call vote of 16 ayes and 1 nay, with Harding voting nay.

Item C4 as amended was approved by a roll call vote of 16 ayes and 1 nay, with Harding voting nay.

V. ZONING ORDINANCE AND RESOLUTIONS 1. A resolution from your Executive Committee recommending approval to authorize the restoration, relocation and reassembling of the Peoria County Civil War Memorial at Springdale Cemetery.

Mayer moved to approve the resolution and Baietto seconded. Mayer described the monument and a 3 5

Peoria County Board Minutes Thursday, April 12, 2018

restoration project headed by a group, including Bruce Brown and Bob Hoffer, to place it at Springdale Cemetery.

Mr. Hoffer presented the history and importance of the monument, what has happened to the monument since its deconstruction at the courthouse, and the plans to restore and reconstruct it. He thanked the Board for the support and noted that it is the oldest Civil War monument in Illinois.

Baietto thanked Mr. Hoffer and expressed the importance of the monument.

The resolution passed by a unanimous roll call vote of 17 ayes.

2. A resolution from your Infrastructure Committee recommending approval of the bid submitted by Darwin Wolf, Sioux Falls, South Dakota, in the amount of $63,400.00, for the sculpture of a U.S. Military Soldier for the Peoria County Veterans Memorial Project.

Baietto moved to approve the resolution and Salzer seconded. Salzer noted that the memorial is nearing completion, introduced and thanked the committee members, described the meaning of the memorial, and requested support for the memorial.

Baietto thanked Salzer and expressed that it will memorialize any conflict into the future. Elsasser described that all should be thankful for those that served. Chairman Rand thanked all for their help on the memorial.

The resolution passed by a unanimous roll call vote of 17 ayes.

3. A resolution from your County Operations Committee recommending approval of the ratification of the Labor Agreement between the County of Peoria, the Peoria County Sheriff’s Office and the Illinois Fraternal Order of Police Labor Council (Corrections Unit). (Pending Union Ratification and Committee Approval)

O’Neill moved to approve the resolution and Watkins seconded. O’Neill and Chairman Rand thanked those that were involved in the contract. The resolution passed by a unanimous roll call vote of 17 ayes.

4. A resolution from your Infrastructure Committee recommending approval of a bid to remodel office space to be occupied by the Peoria County Election Commission. (Pending Committee Approval)

Salzer moved to approve the resolution and Mayer seconded. Election Commission Executive Director Tom Bride described that the current building was not designed for voting and the new location will provide better parking and ease to voters. The resolution passed by a roll call vote of 15 ayes and 2 nays, with Elsasser and Harding voting nay.

5. Executive Session – Pending Litigation

Chairman Rand announced he would take Miscellaneous and Announcements before the Board went into Executive Session. For those items, see below.

O’Neill moved to go into executive session to discuss pending litigation and Mayer seconded. The motion passed by a unanimous roll call vote of 17 ayes.

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Peoria County Board Minutes Thursday, April 12, 2018

VI. MISCELLANEOUS AND ANNOUNCEMENTS

Adamson reported that his article in the Journal Star was written for the public to hold the Board accountable for Heddington Oaks and he believed other entities are better able to provide the service.

Baietto identified that privatizing Heddington Oaks would reduce the Medicare and Medicaid patients.

VII. ADJOURNMENT

There being no further business before the Board, the Chairman announced the meeting was adjourned.

5 7 County of Peoria, lllinois Bank Account Portfolio As of [Varch 30, 2018

Account Balance Variance lnterest Account Name Current Month Prior Month Amount Percent Amount Notes

Accounts at lllinois National Bank

Payroll 129,729 1,198,187 -1,068,458 -89.170k 288 S,C Juror's Payroll 44,746 55,008 -10,263 -18.66% 0 Peoria County Employee Benefit Plan 550,694 825,224 -274,529 -33.27% 0 Peoria County Flex Spending Acct 208,488 234,248 -25,760 -11.00% 0 County Collector 1,409,675 1,960,606 -550,931 -28.10o/o 1,676 s Operating 6,108,064 5,806,228 301,836 5.20% 0 S Peoria County Forfeiture - State 520,549 519,257 1,292 0.25% 481 S Peoria County Forfeiture - Federal 17,948 17,948 0 0.00% 0 Emergency Telephone System-E91 1 1,744,123 1,694,894 49,230 2.90% 1,575 e Trust & Condemnation 37,480 39,380 -1,900 -4.82% 0 D County Motor Fuel 3,307,266 3,078,025 229,240 7.45o/o 3,040 S Township Bridge 302,1 39 301,860 279 0.09% 279 S Township lVlotor Fuel 1,276,894 1,266,800 10,094 0.80% 1,207 s CDAP 631 ,1 88 622,815 8,373 1.34o/o 581 J VSP - HRA 1,161,777 1 ,188,073 -26,296 -2.21% 0 Rural Transportation 287 554 301 005 -13,451 -4.47% 36 Total Accounts at lllinois National Bank 1 7,738,313 19,109,556 -1 ,371 ,244 -7.18% 9,1 63

Accounts at Morton Communitv Bank

Capital lmprovement 243,729 243,649 80 0.03% 80 M Operating - lnvestment 18,232,572 18,201 ,663 30,909 0.17o/o 30,909 rcs County Motor Fuel - lnvestment 4,081,639 4,074,642 6,996 0.17% 6,996 rcs Total Accounts at Morton Community Bank 22,557,939 22,519,954 37,985 0.17% 37,985

Accounts at Commerce Bank General lnvestment Acct 10,247,695 10,247,663 32 0.00% 32 lvr

Notes C = Clearing Account Only S = Sweep Account D = Disbursed via Court Orders N/A = Current month information not yet rec'd M = Money MarketAccount ICS - lnsured Cash Sweep [\ill = Mlixed lnvestment Acct

PnnEd 412512018 @ 10:26 AM Page 1 o'12 File:\\FPCH1\Treasurer$\Finance\BoardReports\2olSBoardReport\BankAnalysis\03'30'20'lsBankAnalysisBankAccounts8 County of Peoria, lllinois Certificate of Deposit Portfolio As of March 30, 2018

lnvestment Purchased Maturity Term lnterest Amount Date Date (Months) Rate

Associated Bank Employee Health Fund 1,000,000 8t1t17 8/8/18 12 1 41%

Total for Bank 1,0oo,ooo

Commerce Bank Employee Health Fund 200,000 5t10t17 11113t18 18 1.15% Employee Health Fund 200,000 5t12t17 11113t18 18 1A0% Employee Health Fund 200,000 5t10t17 11113t18 18 1.50% Employee Health Fund 200,000 5111117 11t13t18 18 1.35% Employee Health Fund 200,000 5t10t17 11t13t18 18 1.25% Employee Health Fund 200,000 5t16t17 11116t18 18 1.25o/o

Employee Health Fund 200,000 5t17117 11119t18 18 1 .20o/o Employee Health Fund 200,000 5t19t17 11119t18 18 1.15o/o Employee Health Fund 200,000 5117117 11t19t18 to 1.55% Employee Health Fund 200,000 5t24t17 11t26t18 18 1.45Yo

Total for Bank 2,000,000

F&MBank

Employee Health Fund 1 ,000,000 7125117 7 t25t18 12 1 .O8o/o

Total for Bank 1,000,000

Morton Communitv Bank CDARS County Health-TB Fund I Ol 9t7 t17 9/6/'18 12 1.05% '?O Employee Health Fund 1,000,000 7 t20t17 7 t19t18 12 1j0% Employee Health Fund 000,000 7 t20t17 7 t19t18 12 1.10% Employee Health Fund 000,000 7120t17 7 t19t18 12 1.10%

Total for Bank 3,191,239

Princeville State Bank County Health Fund 500,000 8t1t17 8t1t18 12 1.000k Employee Health Fund 500,000 5t5t17 5t5t18 12 0.750k

Total for Bank 1,000,000

Southside Bank Employee Health Fund 500,000 6t2t17 6t2t18 '12 0.70%

Total for Bank 500,000

Recap bv Fund:

030 County Health & TB Fund 691,239 081 Employee Health Fund 8,000,000

Total Certificate of Deposits 8,691,239

Total Banks 8,691,239 Difference 0

Page 2 ot 2 Pmled 412512018 @ 10:26 AM Fite: \\FPCH1\Treasurer$\Finance\Board Reportsuol 8 Board Report\Bank Analysis\o3.30.2018 Bank Analysis 9 PAGE NUMBER: I DATE:04/25/2018 PEORIA COI]NTY, IL REVSTAll TIME: 10:22:L3 REVENUE STATUS REPQRT SELECTION CRITERIA: ALL ACCOI]NTING PERIOD: 2/18

SORTED BY: FUND TYPE,2ND SUBTOTAL TOTALED ON: FUND TYPE PAGE BREAKS ON: FT]ND TYPE

FL]ND TYPE_1 GENERAL

PERIOD YEAR TO DATE AVAILABLE YTD/ 2NDSUBT_____TITLE BI]DGET RECEIPTS RECEIVABLES RECEIPTS BALANCE BUD

31001 PROPERTY TAXES 8,088,4s8 00 00 00 00 8, 088, 458 . 00 00 31401 OTHER TAXES 580, 000 00 255 00 1 ,620 51 678,379.49 24 32209 BUILDING/ZONING PERMITS 295, 000 00 6,373 50 00 25 ,627 20 259 ,372 .80 8 59 322L9 MARRIAGE LICENSES 58, 000 00 2,47 5 00 00 4 ,815 00 53, 185.00 I 30 LICENSES/ PERMITS 993, 000 00 65,O78 00 00 164, 088 00 a28 ,972 .00 15 E) 33350 STATE REVENUE 1,779,4L1- 00 67,244 66 00 11,9 ,525 01 1,559,885.99 5 72 33s09 INCOME TAX 6,2'75,O00 00 00 00 71,7 ,7 28 97 5,557,27L.03 11 44 33529 STATE REIMBURSEMENT-SALA L ,334 , 450 00 L24 ,2L7 94 00 25't ,01,4 45 1_, O77 ,435 .54 19 26 33540 INTERGOVERNMENTAL REVENU 1,44 ,7L5 00 00 00 00 L44 ,715 .00 00 33900 SALES TAXES tl,725 , OOO 00 00 00 00 LL ,725 ,000 . 00 00 34050 POLICE PROTECTION CTRCT 1,353 ,260 00 104, 883 84 00 209 ,7 57 58 1,153,492.32 15 39 34060 AN]MAL PROTECT CONTRACT 309,515 00 470 00 00 573 00 308, 943 . 00 22 3 4110 FEES AND C}ARGES 3,6'74,050 00 255 ,9L2 7A 00 498, 051 8't 3,175,998.13 13 56 34150 REVENUE STAMPS 330,000 00 25 ,608 00 00 50, 88L 00 279,1,19.00 15 34171 WARRANTS SERVICE 115, 000 00 8,174 9l- 00 L5,'796 90 99 , 203 .10 13 74 34190 DETENTION CT{ARGE FEDERAL 565,27s 00 37,1L5 00 00 80,275 00 585, 000 . 00 1a 07 34t94 RENT-BUILDING 166 ,7 40 00 00 00 00 t65,'140 .00 00 34240 COURT SECURITY FEES 314, 000 00 25,579 64 00 48 ,992 22 255 , 007 .7 I 15 60 34400 IMPOI]ND 11, 000 00 420 00 00 910 00 10, 090 . 00 8 27 3440I ADOPTION 50, 000 00 5 ,l'7 5 00 00 8,930 00 51, 070.00 t4 B8 34550 CHARGES FOR SERVICES 3 , LL8 ,285 00 L07 ,457 84 00 248 ,384 85 2 ,869 ,900 . 15 7 97 3s110 COURT FINES 575, 500 00 38 ,437 95 00 '79,075 93 597 ,424 .07 11 69 35120 FINES FOR COURT USAGE 1s4, 000 00 11, 113 09 00 21,507 ?, 1,32 , 492 .58 13 97 35a25 RESTITUTION 00 1,!7 00 00 234 00 -234.00 00 35140 REDEMPTION 3s, 000 00 2,850 00 00 4,850 00 30,150.00 13 85 35910 INTEREST 4L,550 00 8,651 58 00 8,880 37 32,679.53 2L 3'1 36001 MISCELLANEOUS REVENUES 1,335,600 00 11A 1)) 43 00 2),O ,7 4t 84 1,124,858.15 15 78 3?500 ASSET DISPOSAI PROCEEDS 30,000 00 00 00 00 30, 000.00 00 42000 TRANSFER IN 93 ,616 00 3,730 83 00 7 ,461, 66 86,L54.34 7 97 TOTAL GENERAI, 43 ,866 ,535 00 t, ot6 ,664 85 00 2,7A5,832 79 41,080,703.21 5 35

10 PAGE NUMBER: 1 DATE: A4/25/2Or8 PEORIA COTINTY, 1L EXPSTAl 1 TIME: 10 :23 : 30 EXPENDITURE STATUS REPORT SELECTION CRITERIA: ALL ACCOUNTING PERIOD: 2/ tB

SORTED BY: FTIND TYPE,2ND SUBTOTAL TOTALED ON: FI]ND TYPE PAGE BREAKS ON: FIIND TYPE

FUND TYPE_1 GENERAL

PERIOD ENCiJIVIBRANCES YEAR TO DATE AVA]LABLE v"tD/ 2ND SUBTOTA _ TITLE BIIDGET EXPENDITIIRES OUTSTAND]NG EXP BALANCE BUD 51030 FIILL-TIME EMPLOYEES 21_,528,832.00 1,585,497.L7 14, 809 ,954.64 2,384,429.2',7 4,330,438.09 79.A9 51032 PERSONAL SERVICES 3,064,858.00 2L9 ,230 .46 975, 810.05 363 ,995 .73 1,725,06)-.22 43.7L 51,240 MEDICAL/HEALTH BENEFITS 3,498,118.00 256 ,303 .63 2,189,139.58 532 , 855 .7 6 '7'7 6 ,1,1,2 .56 77.81 51500 IMRF\FICA 15,000. 00 .00 .00 .00 15,000.00 .00 52040 FOOD 347, 150.00 21,,658 .82 '00 )-5,704.59 330 ,445 .47 4.81 52090 MAINTENANCE SUPPLIES 175, 075 . 00 8,555.94 .00 7t ,283 . 69 763,'791 .31 6 .45 52100 GAS AND OIL PRODUCTS L ,425 . OO .00 ' 00 .00 L,425 .00 .00 522OO COMMOD]TIES '729,0L7.70 3'7 , 525 .58 39 , L86 .22 75,956.38 513, 875. 10 15.79 53018 AUDITING ACCTG COSTS 102, 000.00 .00 .00 .00 102, 000. 00 00 53020 POSTAGE 13,915.00 5,3s3.39 .00 5,3s3.39 8.551.51 38 47 53050 MEDICAL SERVICES r,3L2,685.00 LL9 ,410 .96 .00 2L9 , 534 .31 1,o93,0s0.59 15 73 53058 FLEET MAINTENANCE EXPENS 745,304 .00 62 , L08 .57 .00 I24,2)"7.34 52L,085 .66 1b 67 53070 CONSIILTANT SERVICES 436 , O25 .00 9,'754.70 13,l24.OO 28 ,673 .94 394 ,22'7 . 05 9 59 53080 ELECTION RELATED COSTS 33 ,250 . O0 504.70 .00 504.70 32,755.30 1 52 53L24 PUBLIC DEFENDER SERVICES 1,049,097.00 89 , 597 .28 .00 L79,L42.56 869 ,954 .44 1,7 08 53350 CONTRIBUTIONS & GRANTS 81,030.00 500.00 .00 58,413 . s0 L2,6t5 . s0 84 43 53350 MICROFILMING/FILM DEVELO 52,350. 00 .00 5, 000.00 5 ,5s9 .64 40,?90.36 22 08 53599 UTILITIES GAS/ELECTRIC 711, 900.00 5L , 51_4 .7 s .00 50,716.34 561,183 .65 7 t2 53790 COMPUTER EQUIP MAINT 78, 850.00 30, 501. 75 .00 30, 501.75 48 ,348 .25 38 68 53999 CONFERENCES & SEMTNARS 54, 850.00 2,180.00 .00 2 ,9'75 . O0 61,875.00 4 59 54001 CONTRACTUAL SERVICES 7,249,399.30 492 , LS4 .91 71,2,477.32 1,059,904.65 5,O7'7,017.33 15 L7 55080 VEHICLES 334, 000.00 .00 '00 .00 334, 000. 00 00 55100 CAPITAI OUTLAY L79,369.O0 .00 5'7,783.00 .00 121, 585 . 00 32 27 51OOO TRANSFERS OUT 1,603,281.00 165,759.52 .00 4L2,308.56 1,190,9'72.44 25 72 TOTAL GENERAL 43 ,406, 801 , 00 3,L69,1_72.23 1_8 , 202 , 484 .9L 5,578,L42.L0 19 ,626,173 .99 54 79

11 PAGE NUMBER 2 DATE: A4/25/2018 PEORIA COLINTY, IL REVSTAl 1 TIME: 10:22:Af REVENUE STATUS REPORT SELECTION CRITERIA: ATL ACCOIINTING PERIOD: 2/18

SORTED BY: FUND TYPE,2ND SUBTOTAL TOTALED ON: FUND TYPE PAGE BREAKS ON: FI]ND TYPE FI'ND TYPE-2 SPECIAL REVENUE

PERIOD YEAR TO DATE AVAILABLE vaD/ 2ND SUBT- TITLE _ BUDGET RECEIPTS RECEIVABLES RECEIPTS BALANCE BUD

3 1001 PROPERTY TAXES L7 ,0'15, 087.00 .00 00 00 17,O'75,087.00 00 32129 FOOD LICENSES 547, 500 .00 34, 950. 00 00 447 ,950.O0 99, 550. 00 81 82 3222L LICENSES/ PERMITS 35,s00.00 1,075.00 00 2 ,184 . OO 33,315.00 6 15 '72 3 3110 FEDERAL GRANT 1,,026,290.00 51, s81. 8s 00 58,928.33 957 ,36t .6'7 6 333s0 STATE REVENUE 2,487,585.00 188,s04.23 00 242,233.t9 2 ,245 ,3s2 .8t 9 74 33s09 INCOME TAX 1_,256,835.00 .00 00 t44 ,202 . 03 t, LL2,633 .97 11 47 33525 MOTOR FUEL TAX ALLOTMENT 3, 33s, 000.00 256 ,202 .39 00 55L,A78.79 2 ,'7 83 , t21 .2L 15 55 33529 STATE REIMBURSEMENT-SALA L,467,000 . 00 t33 ,'J_57 - 71_ 00 2'78,940.65 1,L82,059.35 1,9 09 33540 INTERGOVERNMENTAL REVENU 250, 000 . 00 1 , 401 .24 00 3 ,639 .71- 245 , 360 .29 1 46 3 411- 0 FEES AND CHARGES 256,250.O0 t7 ,959 .00 00 37,52'7.00 2t8,723.OO L4 64 34194 RENT-BUILDING 10, 000.00 .00 00 10, 000 . 00 .00 100 00 34220 FLEET MAINTENANCE FEES 774,564.00 64,447.00 00 128, 894 . 00 545,570.OO 76 64 34230 BIRTH AND DEATH FEES 280, 000 . 00 2t,Q'77.00 00 45, 505. 00 234,495.OO 15 25 34260 WASTE DISPOSAL STIRCHARGE 240, 000.00 15,141.80 00 29 ,575 .83 2]-0 , 424 .17 t2 32 34620 PATIENT INCOME-PUBLIC AI 450, 500 - 00 13, s55. 54 00 20,207 .46 430 ,292 .54 4 49 34630 PATIENT INCOME.PRIVATE 135, 500.00 s,970.00 00 !2 ,37 0 .00 123, 130.00 9 13 34550 C}ARGES FOR SERVICES 3, 683, 150.00 L69,097 .16 00 331, 884 .19 3,351,265.81 9 01 35910 INTEREST 156,730.00 ,? zqq no 00 4t , 521, .39 L25 ,208 .6t 24 90 35001 MISCELLANEOUS REVENUES 309,790.00 4, s89 .02 00 11,350.71 298 ,439 .29 3 66 42000 TRANSFER IN 1,020,000.00 85, 000. 00 00 170, 000 . 00 850, 000. 00 1,6 6'7 TOTAL SPECIAL REVENUE 34, 801-, 283 . 00 1, 105, 192 . 03 00 2,578,'792.28 32 ,222,490 .'72 7 .4\

12 PAGE NI]MBER: 2 DATE, 04/25/201-8 PEORIA COUNTY, IL EXPSTAl.1 TIME: 10 :23 :30 EXPENDTTURE STATUS REPORT SELECTION CRITERIA: ALL ACCOUNTING PERIOD: 2/Lg

SORTED BY: FTIND TYPE,2ND SUBTOTAL TOTALED ON: FI]ND TYPE PAGE BREAKS ON: FIIND TYPE

FI]ND TYPE_2 SPECIAL REVENUE

PERIOD ENCUIV1BRANCES YEAR TO DATE AVAILABLE v"tD/ 2ND SUBTOTA - TITLE BI]DGET EXPENDITURES OUTSTANDING EXP BALANCE BUD 51030 FULL-TIME EMPLOYEES 9,320,859.00 645 , 072 .82 5 ,965 , L29 .74 9'74,O75.92 2 ,377 , 660 .94 '7 4 .49 51032 PERSONAL SERVICES 653,4'74.O0 60,795.58 195 ,7 55 .59 108, 544 .68 359 ,].63 .73 45 .8'7 51.240 MEDICAL/HEALTH BENEFITS L,720,207.O0 727,576.84 97'7 ,348 .82 255,783.89 487 , O74.29 '7L .59 51500 IMRF\FICA 8,383,790.00 609 ,442.29 t,994,155.51 1,,249,382.88 5 , L40 ,240 .61 38.59 52040 FooD 12s,750.00 LO , 47'7 .30 .00 1a 14) )1 1L2,607.73 10. 45 52090 MAINTENANCE SUPPLIES 385, 000.00 30 ,482 .87 .00 33,342.96 351,557.04 8. 65 52100 GAS AND OIL PRODUCTS 573,500.00 1,Q't ,1,92 .58 .00 L07 ,192.58 565 ,307 .42 15. 92 52120 EMERGENCY RELIEF 35, 000.00 129 .84 .00 r29.84 34, 870. 16 37 52200 COMMODITIES 3,454,832.00 a40 ,5lo .82 .00 154,355 .29 3,700,465.7L 4- 00 53018 AUDITING ACCTG COSTS 5, 100.00 '00 .00 .00 6, 100. 00 00 53020 POSTAGE 19, 000.00 678.04 .00 5,533 .15 13,355.85 29.65 53040 DEPENDENT CHILD CARE 350, 000.00 19,955.53 .00 19,955.53 330, O44.3'7 5. 70 53050 MEDICAL SERVICES 435,472.OO 24 ,989 .49 74,968.47 7 4 ,958 .47 285,935.O6 34. 40 53058 FLEET MAINTENANCE EXPENS 2t ,'7 50 . OO 1, 713 . 33 .00 3 ,426 .66 L8,333.34 15. 75 53070 CONSULTANT SERVICES 228,"147 .OO L6 ,882 .4s 94,O58.42 1_7 , 3a5 .7 5 ),t'7 ,293 . 13 48. 72 53085 RECYCLING }{AUL/PROCESS 48, 8l-2.00 L ,462 .58 .00 L,462 .58 47 , 349 .32 3. 00 532'79 PROGRAM DEVELOP/COORDINA l-, 030,41-5 . 00 25.00 .00 25.00 1,030,390.00 00 53300 AUTO REPAIR/MAINTENANCE 221, 000 . 00 4,209 . O0 .00 4 ,209 .00 2)-6,791 .OO 90 53340 HIGHWAY REPAIR 350,500.00 .00 .00 .00 350, 500 . 00 00 53350 CONTRIBUTTONS & GRANTS 1,42 ,387 . OO .00 .00 13,9s0.00 128,43'7 .00 80 53350 MICROF'ILMING/FILM DEVELO 18, 000.00 .00 .00 .00 18, 000 . 00 00 53599 UTILITIES GAS/ELECTRIC 245 ,900 . OO 15, 584 . 18 .00 t7 ,985.40 228 ,974 .60 28 53790 COMPUTER EQUIP MAINT 5,500.00 .00 .00 .00 5, 500.00 00 53999 CONFERENCES & SEMINARS 148, 900.00 6 ,537 .45 .00 8,230.34 740,569 .66 5 s3 54001 CONTRACTUAL SERVICES 5,582,590.00 333 , 586 .7 4 90,372.O4 5t8 ,072 .62 5,O74,145.34 10 7t 55080 VEHICLES 100, 000.00 .00 265 ,427 . O0 .00 -1,65 , 427 .00 265 43 55100 CAPITAL OUTLAY 3,894,439.00 '75,706.00 404 ,392 . OO '16,706.OO 3,413,341-.00 t2 35 57001 DEBT SERVICE PAYMENTS 200, 510. 00 .00 .00 .00 200, 510. 00 00 61000 TRANSFERS OUT 93,61-6.00 3,730.83 .00 7 ,451 .66 86 ,154 .34 97 TOTAL SPECIAL REVENUE 3 8, 418 ,4',7 0 . O0 2,239,742.76 10,051,537 .69 3 ,669 ,435 .67 24 ,587 ,395 .54 35 74

13 PAGE NIIMBER: 3 DATE: 04/25/201,8 PEORIA COUNTY, IL REVSTAl 1 TIME: 10 z22:L3 REVENUE STATUS REPORT SELECTION CRITER]A: ALL ACCoUNTING PERIOD: 2/Lg

SORTED BY: FUND TYPE,2ND SUBTOTAL TOTALED ON: FUND TYPE PAGE BREAKS ON: FIIND TYPE

FLIND TYPE_3 DEBT SERVICE

PERIOD YEAR TO DATE AVAILABLE YaD/ 2ND SUBT- TITLE _ _ BUDGET RECEIPTS RECEIVABLES RECEI PTS BALANCE BIJD 31001 PROPERTY TAXES 388,949.00 .00 00 00 388,949.00 .00 35910 INTEREST .00 1,138.34 00 1,138 34 -1, 138.34 .00 35OOO MISCELI,ANEOUS REVENUES 437, 988.00 .00 00 00 437, 988. 00 .00 42OOO TRANSFER IN 3,9'78,512.00 399,746.04 00 1, , L99 ,238 r2 2,779 ,273 .88 30.14 TOTAL DEBT SERVICE 4,805,449.OO 400,884.38 00 1,200,376 45 3,505,072.54 24 .98

14 PAGE NT]MBER 3 DATET A4/25/2o1-B PEORIA COTTNTY, IL EXPSTAl 1 TIME: 10 :23 : 30 EXPENDITURE STATUS REPORT SELECTION CRITERIA: ALL ACCOUNTING PERIOD: 2/18

SORTED BY: FUND TYPE,2ND SUBTOTAL TOTALED ON: FIIND TYPE PAGE BREAKS ON: F.I]ND TYPE

FUND TYPE_3 DEBT SERVICE

PERIOD ENc:UMBRANCES YEAR TO DATE AVAILABLE v'rD/ 2NDSUBTOTA -TITLE___ BUDGET EXPENDITURES OUTSTANDING EXP BALANCE BIID 54001 CONTRACTUAL SERVICES 8, 650. 00 750. 00 .00 750.00 7, 900. 00 I .67 57001 DEBT SERVICE PAYMENTS 4,797,503.00 .00 .00 .00 4,79'7,503.00 .00 TOTAL DEBT SERVICE 4, AA6 ,153 .00 ?50. 00 .00 750.00 4,805,403 . 00 .02

15 PAGE NI]MBER 4 DATET O4/25/20:.8 PEORIA COUNTY, IL REVSTAl 1 TIME: 10:22:13 REVENUE STATUS REPORT

SELECT1ON CRITERIA: ALL ACCOUNTING PERIOD: 2/LB

SORTED BY: FT]ND TYPE,2ND SUBTOTAL TOTALED ON: FUND TYPE PAGE BREAKS ON: FUND TYPE

FUND TYPE_4 CAPITAL PROJECTS

PERIOD YEAR TO DATE AVAILABLE YTD/ 2ND SUBT- TITLE _ _ BI]DGET RECEIPTS RECEIVABLES RECEIPTS BALANCE BUD

33900 SALES TAXES 4, 100, 000 . 00 .00 00 .00 4,t00,000.00 .00 3 5910 INTEREST s0, 800.00 5,L29.sO 00 s ,129 . so 45,670.50 10.10 35001 MISCELLANEOUS REVENUES 2, 000.00 1s0.00 00 2, 950.00 -950.00 L47.50 42OOO TRANSFER IN 750, 000.00 .00 00 .00 750.000.00 .00 TOTAL CAPITAL PROJECTS 4,902,800.00 5,279.50 00 8, 079.50 4 ,894 ,720 .50 .15

16 PAGE NIJIVIBER: 4 DAAE, 04/25/201,8 PEORIA COIINTY, IL EXPSTAl 1 TIME: 10 :23 t3Q EXPENDITURE STATUS REPORT SELECTION CRITERIA: ALL ACCOIINTING PERIOD: 2/).8

SORTED BY: FIIND TYPE,2ND SUBTOTAL TOTALED ON: FUND TYPE PAGE BREAKS ON: FUND TYPE

FUND TYPE_4 CAPITAL PROJECTS

PERIOD ENCI]IIIBRANCES YEAR TO DATE AVAILABLE vrD/ 2ND SUBTOTA . TITLE BUDGET EXPENDITURES OUTSTANDING EXP BALANCE BiJD 522OO COMMODITIES 20, 000.00 ' 00 .00 .00 20, 000. 00 .00 54001 CONTRACTUAL SERVICES 545, 000.00 .00 14,253 .00 .00 530,73?.00 2.62 55100 CAPITAL OUTLAY 289,000.00 Ll , o20 .27 428 ,9L5 . O8 1,3 , 020 .27 _tq, q1( ?q L52 .92 61000 TRANSFERS OUT 4,145,23L.00 31,8,9'76.52 .00 955 , 929 .56 3, 188, 30t .44 23.49 TOTAL CAPITAL PROJECTS 4,999,231.00 329 , 996 .7 9 443, 178.08 969 ,949 .83 3, s85, 103 . 09 28.27

17 PAGE NUMBER 5 DA"]Et 04/25/2018 PEORIA COUNTY, IL REVSTAl I TIME: 10:22:!3 REVENUE STATUS REPORT SELECTION CRITERIA: ALL ACCOUNTING PERIoD: 2/18

SORTED BY: FIIND TYPE,2ND SUBTOTAL TOTALED ON: FUND TYPE PAGE BREAKS ON: FI]ND TYPE

FUND TYPE-S INTERNAL SERVICE

PERIOD YEAR TO DATE AVAILABITE \TD/ 2NDSUBT_--_-TITLE BIIDGET RECEIPTS RECEIVABLES RECEIPTS BAI,ANCE BIID 31001 PROPERTY TAXES 1,318,77L.00 .00 00 .00 1,318,771.00 .00 34110 FEES AND CHARGES 4,788,566.00 398,449 .58 00 795 ,899 .36 3 ,991,,655 .64 L6 .64 34300 HEALTH FEES_EMPLOYEE 2,505 ,082 . 00 184, 087. 03 00 37L,257.89 2 ,234 ,814 . 11 l4 25 34310 HEALTH FEES_EMPLOYER 6,253,547.00 492 , 321 .56 00 984,922.94 5 ,258 ,724 . 06 15. 75 34550 CTIARGES FOR SERVICES 491-, 000 . 00 35,843.00 00 '72 ,536 .00 4l-8,454 . 00 l4 77 35910 INTEREST 9!, 422 .00 4 , L62 .58 00 4 , t62 .58 87,259.42 4 55 35001 MISCELLANEOUS REVENUES 1,800,638.00 LL6 ,294 . L3 00 283 ,169 .7t 1_,5L'7 ,468 .29 15 73 TOTAL INTERNAL SERVICE 17,350,126.00 1 aal 1tr, oo 00 2,s)-2,958.48 74,837,!57.52 14 48

18 PAGE NIJIV1BER: 5 DAIE.T 04/25/2078 PEORIA COUNTY, IL EXPSTAl 1 TIME: 10 :23:30 EXPENDTTURE STATUS REPORT SELECTION CRITERIA: ALL ACCOUNTING PERIOD: 2/Lg

SORTED BY: FUND TYPE,2ND SUBTOTAL TOTALED ON: FUND TYPE PAGE BREAKS ON: FUND TYPE

FUND TYPE_S INTERNAL SERVICE

PERIOD ENCWBRANCES YEAR TO DATE AVAILABLE YTD/ 2ND SUBTOTA - TITLE BI]DGF]T EXPENDITURES OUTSTANDING EXP BALANCE BI]D 51030 FULL_TIME EMPLOYEES 7,619,853.00 L20 ,289 .68 1,089,567 .62 188,789.00 34L,496 .3A '78 51032 PERSONAL SERVICES 508, 708.00 172,378.52 .00 793,713.28 3L4 ,994 .72 38 08 51240 MEDICAL/HEALTH BENEFITS 2L't,983.OO )-5,675.40 122,544 .23 3L,350 .79 64,O87.98 70 50 51750 MEDICAL CLAIMS 7 ,245,000.00 513,588.29 .00 7 , O25 ,955 . 83 5 ,2L9 ,03 3 . 17 1_4 L6 51750 PRESCRIPTION DRUGS 2,O90,000.00 ]-82,355 .54 .00 243 ,409 .36 7,846 ,590 .54 11 55 51800 UNEMPLOYI!4ENT CLAIMS s0, 000 . 00 .00 .00 .00 50, 000. 00 00 51810 WORKER'S COMP CLAIMS 250, 000 . o0 27 , 2L7 .94 .00 34 ,142 .30 2t5,857 .70 13 56 52040 FOOD 2, 500. 00 .00 .00 .00 2,500.00 00 52200 COMMODITIES 598, 914 .00 38 , 9L9 .29 45, 850.59 45,956.70 507,096.7L 13 1,4 53020 POSTAGE 250, 000 . 00 -4,271.51 .00 -L2,s80.L2 262 , 580 .12 03 53046 LIABILITY CLAIMS 200, 000 . 00 31- , 860 .7 5 .00 7L,423.43 128 ,57 6 .57 35 7t 53050 MEDICAL SERVICES 35, 000. 00 252 .00 '00 2s2 .00 34 ,'7 48 . OO 72 53054 EXCESS INSURANCE 1,469,200.00 8L7 ,652 .'72 '00 a75,4L4.32 592 ,'7 85 .6A s9 55 53070 CONSULTANT SERVICES 241, 500 . 00 262 . s0 71, 089.00 262 .50 170, 148 . 50 29 55 53999 CONFERENCES & SEMINARS 30,000.o0 2,595 . OO .00 3, 085.00 26, 91s. 00 10 28 54001 CONTRACTUAL SERVICES 3 ,720 ,3 15 . O0 664 , 872 .32 205,311. 30 926,989.57 1_,987 ,01 5. l-9 35 32 55100 CAPITAL OUTLAY 450, 200 .00 .00 25s, 000. 00 .00 18s, 200 . 00 58 85 TOTAL ]NTERNAL SERVICE 1_8,479,174.00 2,577,659.45 1,800,362.74 3,629,184.90 L3 ,049 ,626 .36 38

19 PAGE NIjIVIBER: 1 DATET 04/25/201,8 PEORIA COIINTY, IL REVSTAl 1 TIME: l-0 :20:25 REVENUE STATUS REPORT

SELECTION CRITERIA orgn. fund=' 075 ' ACCOUNTING PERIOD: 2/18

SORTED BY: FUND,2ND SUBTOTAL TOTALED ON: FUND PAGE BREAKS ON: FUND

FT'ND-076 PEORIA COUNTY PARKING FAC

PERIOD YEAR TO DATE AVAILABLE Y'ID/ 2ND SUBT- - - - TITLE BIIDGET RECEIPTS RECEIVABLES RECElPTS BALANCE BUD

34L96 RENT-PARKING 270, 000.00 2r,390 .69 00 42 , 858 .35 227 ,1,4't .55 15.87 35910 INTEREST 10, 000.00 2, O48 .'73 00 2 , O48 .'73 7 ,95L .27 TOTAL PEORIA COUNTY PARKING F 280, 000 . 00 23 ,439 .42 00 44 ,907 . 08 23s,092.92 15.04

TOTAL REPORT 280, 000.00 23 ,439 .42 00 44,907 .08 235 , 092 .92 15.04

20 PAGE NUMBER: 1 DA"IEt 04/25/2o]-g PEORIA COL]NTY, IL EXPSTAl 1 TIME: 10 :23 :05 EXPENDITURE STATUS REPORT SELECTION CRITERIA: orgn. fund=' 076' ACCOUNTING PERIOD: 2/L8

SORTED BY: FUND,2ND SUBTOTAL TOTALED ON: FUND PAGE BREAKS QN: FUND

FUND-075 PEORIA COUNTY PARKING FAC

PER]OD ENCTI,IBRANCES YEAR TO DATE AVAILABLE YaD/ 2ND SUBTOTA - TITLE BIIDGET EXPENDITTIRES OiITSTANDTNG EXP BALANCE BLID 52090 MAINTENANCE SUPPLIES 1, 000.00 .00 .00 00 1, 000 . 00 00 53070 CONSULTANT SERVICES to2 ,200 00 8,937.03 .00 I ,937 03 93 ,252 .9? I 74 53599 UTlLITIES GAS/ELECTRIC 17, 000 00 780.87 .00 780 87 16,219 .L3 4 59 54001 CONTRACTUAL SERVICES 51, 500 00 1,223 .65 .00 1, 360 o7 50, 139 . 93 2 2l 55100 CAPITAL OUTLAY 00 .00 7s.00 9, 9s5 00 -10,030.00 00 55001 BUILDING DEPRECIATION 00 8, 888.07 .00 t'7,775 1,4 -L't,776.L4 00 TOTAL PEORIA COUNTY PARKING F 181,700 00 L9 , 829 .62 75.00 38, 809 11 142, 81s . 89 27 40

TOTAL REPORT 181, 700.00 t9 , 829 .62 75.00 38, 809. 11 142,845 .89 21 -40

21 22 AGENDA BRIEFING

COMMITTEE: Executive Committee LINE ITEM: N/A MEETING DATE: 4-24-2018 AMOUNT: N/A

ISSUE: Comcast of Illinois/ Indiana/ Ohio, LLC, Franchise Renewal in Peoria County

BACKGROUND Comcast of Illinois/ Indiana/ Ohio, LLC is a provider of Cable TV service in the region. The company is seeking to renew the franchise agreement in Peoria County to provide Cable TV service. The company currently provides service to approximately 8,200 homes in the unincorporated areas of Peoria County.

A franchise agreement entered into with Comcast of Illinois/ Indiana/ Ohio, LLC, would be non-exclusive. Peoria County would still retain the right to offer additional television franchises to other service providers. Preliminary terms of an agreement would include the following:

• The County will receive a franchise fee equal to 5% of gross subscriber revenues. • The term of the agreement is for 15-year term.

Attached is a Final copy of the agreed upon franchise agreement with Comcast of Illinois/ Indiana/ Ohio, LLC

COUNTY BOARD GOALS: GROWING COUNTY

STAFF RECOMMENDATION: Provide the County Administrator, with concurrence of the State's Attorney's Office, the authority to enter into a franchise agreement with Comcast of Illinois/ Indiana/ Ohio, LLC.

COMMITTEE ACTION: Approved 4/24/18 (10-0 votes) Mr. Fennell and Mr. Rieker absent PREPARED BY: Mark Little, Chief Information Officer DEPARTMENT: IT Services DATE: April 03, 2018 23

FRANCHISE AGREEMENT

This Franchise Agreement (hereinafter, the “Agreement” or “Franchise Agreement”) is made between the County of Peoria, Illinois (hereinafter, the “County”) and Comcast of Illinois/ Indiana/ Ohio, LLC on this ____ day of ______, ______.(the “Effective Date”)

The County, having determined that the financial, legal, and technical abilities of the Grantee are reasonably sufficient to provide the services, facilities, and equipment necessary to meet the future cable-related needs of the community, desires to enter into this Franchise Agreement with the Grantee for the construction, operation and maintenance of a Cable System on the terms and conditions set forth herein.

This Agreement is entered into by and between the parties under the authority of the Cable Act, the Illinois Constitution of 1970, including the County’s home rule powers, and the Illinois Municipal Code, as amended from time to time, and shall be governed by the Cable Act and the Illinois Municipal Code, as amended from time to time; provided that any provisions of the Illinois Municipal Code that are inconsistent with the Cable Act shall be deemed to be preempted and superseded.

SECTION 1 - Definition of Terms

For the purpose of this Franchise Agreement, the following terms, phrases, words, and their derivations shall have the meaning given herein. When not inconsistent with the context, words in the singular number include the plural number. The word “shall” is always mandatory and not merely directory. The word “may” is directory and discretionary and not mandatory. Other terms, phrases, words, and abbreviations shall have the meanings ascribed to them in the Cable Communications Policy Act of 1984, as amended from time to time, 47 U.S.C. §§ 521 et seq. (the “Cable Act”), unless otherwise defined herein.

“Basic Cable Service” means any Service tier which includes the lawful retransmission of local television broadcast signals and any public, educational, and governmental (“PEG”) access programming. "Cable Act" or "Act" means the Cable Communications Policy Act of 1984, as amended by the Cable Consumer Protection and Competition Act of 1992 and the Telecommunications Act of 1996, 47 U.S. C. 521 et. seq.,as the same may be amended from time to time. “Cable Operator” means any Person or group of Persons who provides Cable Service over a Cable System and directly or through one or more affiliates owns a significant interest in such Cable System; or who otherwise controls or is responsible for, through any arrangement, the management and operation of such a Cable System. "Cable Services" or “Service” means the one-way transmission to Subscribers of Video Programming or other programming service and Subscriber interaction, if any,

1 24

which is required for the selection or use of such Video Programming or other programming service. “Cable System,” “System,” “Cable Communications System,” or “CATV System,” has the meaning set forth in 47 U.S.C. § 522 of the Cable Act, and means Grantee's facilities, consisting of a set of closed transmission paths and associated signal generation, reception and control equipment, that is designed to provide Cable Service which includes Video Programming and which is provided to multiple Subscribers within the Franchise Area, but such term does not include (i) a facility that serves only to re- transmit the television signals of one or more television broadcast stations; (ii) a facility that serves Subscribers without using any public right-of-way, (iii) a facility of a common carrier which is subject, in whole or in part, to the provisions of Title II of the Communications Act of 1934, as amended, except that such a facility shall be considered a Cable System (other than for purposes of section 621(c) of the Cable Act) to the extent such facility is used in the transmission of Video Programming directly to Subscribers, unless the extent of such use is solely to provide Interactive On-Demand Services; (iv) an open video system that complies with section 653 of the Cable Act; or (v) any facilities of any electric utility used solely for operating its electric utility systems.

“Channel” or “Cable Channel” means a portion of the electromagnetic frequency spectrum which is used in a cable system and which is capable of delivering a television channel as a television channel is defined by the Federal Communications Commission by regulation.

“County” means the County of Peoria, Illinois or the lawful successor, transferee, designee, or assignee thereof.

“County Code” means the Code of the County of Peoria, Illinois.

“County Council” means the governing body of the County of Peoria, Illinois.

“Customer” or “Subscriber” means a “Person” who lawfully receives and pays for Cable Service with the Grantee’s express permission.

“Drop” means the cable or fiber optics that connects the ground block on a home or building to the nearest feeder cable of the “System”.

“Effective Date” means the date that this Agreement is executed by the County and Comcast of Illinois/ Indiana/ Ohio, LLC

“FCC” means the Federal Communications Commission, or successor governmental entity thereto.

“Franchise” means the initial authorization, or renewal thereof, issued by the County, whether such authorization is designated as a franchise, agreement, permit, license, resolution, contract, certificate, ordinance or otherwise, which authorizes the construction and/ or operation of the Cable System.

2 25

“Franchise Agreement” or “Agreement” shall mean this Agreement and any amendments or modifications hereto.

“Franchise Area” means the present legal boundaries of the County as of the Effective Date, and shall also include any additions thereto, by annexation or other legal means as provided in this Agreement.

“Grantee” shall mean Comcast of Illinois/ Indiana/ Ohio, LLC.

“Gross Revenue” means the Cable Service revenue received by the Grantee from, the operation of the Cable System in the Franchise Area to provide Cable Services, calculated in accordance with generally accepted accounting principles. Cable Service revenues shall include, by way of example but not limitation, revenues from Basic Cable Service, all Cable Service fees, premium, pay-per-view, pay television, Franchise Fees, late fees, guides, home shopping revenue, Installation and reconnection fees, upgrade and downgrade fees, advertising revenue (excluding advertising sales commissions paid to unaffiliated third parties), converter rental fees, and lockout device fees. Gross Revenue shall not include refundable deposits, uncollected bad debt, investment income, programming launch support payments, nor any taxes, fees or assessments imposed or assessed by any governmental authority (a Franchise Fee is not such a tax, fee, or assessment). The County acknowledges and accepts that Grantee shall maintain its books and records in accordance with Generally Accepted Accounting Principles. Gross Revenues shall include amounts collected from Subscribers for Franchise Fees pursuant to County of Dallas, Texas v. FCC., 118 F.3d. 393 (5th Cir. 1997) and amounts collected from non-Subscriber revenues in accordance with the Court of Appeals decision resolving the case commonly known as the “Pasadena” case, County of Pasadena, California, et al., Petitions for Declaratory Ruling on Franchise Fee Pass Through Issues, CSR 5282-R, Memorandum Opinion and Order, 16 FCC Rcd. 18192 (2001), and In re: Texas Coalition of Cities for Utility Issues v. FCC., 56 F. 3d. 151 (5th Cir. 2003).

“Initial Franchise Service Area” means that portion of the Franchise Area served by the Grantee’s Cable System as of the Effective Date of this Franchise Agreement.

“Installation” means the connection, by or on behalf of the Grantee, of the System from feeder cable to the point of connection with the Subscriber Converter or television receiver or other terminal equipment.

“Person” means any natural person or any association, firm, partnership, joint venture, corporation, or other legally recognized entity, whether for-profit or not-for- profit, but shall not mean the County.

“Public Building” means, pursuant to 220 ILCS 5/22-501(f), all local government buildings, public libraries, and public primary and secondary schools, whether owned or leased by that local unit of government.

3 26

“Right of Way” or “Public Way” shall mean, pursuant and in addition to the County’s Right of Way Ordinance (Chapter ___of County Code) the surface of, and the space above and below, any public street, highway, freeway, bridge, land path, alley, court, boulevard, sidewalk, way, lane, public way, drive, and circle, all of which are commonly used for utility purposes, including general or utility easements in which the County has the right and authority to authorize, regulate, or permit the location of facilities other than those of the County.

“Right-of-Way or Public Way Regulations” means any ordinance or policy of general applicability regarding regulation, management, and use of Rights-of-Way in the County, including registration and permitting requirements, which shall not be specific to the Cable Television System, this Franchise, or this Grantee.

“Standard Installation” means those installations to Subscribers that are located up to one hundred twenty-five (125) feet from the existing distribution system (Cable System).

“Video Programming” or “Programming” means programming provided by, or generally considered comparable to programming provided by, a television broadcast station.

SECTION 2 - Grant of Authority

2.1. Nonexclusive Franchise Authority. Pursuant to Section 621 (a) of the Cable Act, 47 U.S.C. 541 (a), and 65 ILCS 5/11-42-11(a), the County hereby grants to the Grantee a nonexclusive Franchise authorizing the Grantee to construct and operate a Cable System in the Public Ways within the Franchise Area, and for that purpose to erect, install, construct, repair, replace, reconstruct, maintain, or retain in any Public Way such poles, wires, cables, conductors, ducts, conduits, vaults, manholes, pedestals, amplifiers, appliances, attachments, and other related property or equipment as may be necessary or appurtenant to the Cable System, subject to the County’s Code and other regulations, and to provide such services over the Cable System as may be lawfully allowed by the County’s Code and Right-of-Way or Public Way regulations.

Nothing in this Franchise Agreement shall be construed to prohibit the Grantee from providing services other than Cable Services to the extent not prohibited by applicable law. The County hereby reserves all of its rights to regulate such other services to the extent not prohibited by applicable law, and no provision herein shall be construed to limit or give up any right to regulate.

2.2. Term of Franchise. The term of the Franchise granted hereunder shall be fifteen (15) years from the Effective Date unless the Franchise is renewed or is lawfully terminated in accordance with the terms of this Franchise Agreement and/or applicable law. Upon passage and approval of this Franchise Agreement, the Parties acknowledge that this Franchise Agreement shall replace all existing franchise agreements, if any,

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including any prior Franchises with the Grantee, regardless of whether said franchise agreements are in effect.

2.3. Renewal. Any renewal of this Franchise shall be governed by and comply with the provisions of Section 626 of the Cable Act, as amended, and any State law which may exist at the time of renewal and which is not superseded by the Cable Act.

2.4. Reservation of Authority. Nothing in this Franchise Agreement shall (a) abrogate the right of the County to perform any public works or public improvements of any description; (b) be construed as a waiver of any codes or ordinances of general applicability promulgated by the County; or (c) be construed as a waiver or release of the rights of the County in and to the Public Ways. The terms of this Franchise Agreement shall define the contractual rights and obligations of Grantee with respect to the provision of Cable Service and operation of the Cable System in County.

2.5. Competitive Equity.

2.5.1. In the event the County grants an additional Franchise to use and occupy the public right-of-way for the purposes of operating a cable system, the additional Franchise shall only be granted in accordance with the Illinois Level Playing Field Statute, 65 ILCS 5/11-42-11.

2.5.2. In the event an application for a new cable television franchise or other similar authorization is filed with the County proposing to serve the Franchise Area, in whole or in part, the County shall serve or require to be served a copy of such application upon any existing Grantee or incumbent cable operator by registered or certified mail or via nationally recognized overnight courier service.

2.6 Police Powers. Nothing in this Franchise Agreement shall be construed as an abrogation by the County of any of its police powers to adopt and enforce generally applicable ordinances deemed necessary for the health, safety, and welfare of the public, and the Grantee shall comply with all generally applicable laws and ordinances enacted by the County pursuant to such police power.

SECTION 3 – Construction and Maintenance of the Cable System

3.1. The Grantee shall comply with the provisions of the County of Peoria Code of Ordinances relating to the usage of the right-of-way, as may be amended from time to time.

3.2 Aerial and Underground Construction. At the time of Cable System construction, if all of the transmission and distribution facilities of all of the respective public or municipal utilities in any area of the Franchise Area are underground, the Grantee shall place its Cable Systems’ transmission and distribution facilities underground, provided that such underground locations are actually capable of accommodating the Grantee’s cable and other equipment without technical degradation

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of the Cable System’s signal quality. In any region(s) of the Franchise Area where the transmission or distribution facilities of the respective public or municipal utilities are both aerial and underground, the Grantee shall have the discretion to construct, operate, and maintain all of its transmission and distribution facilities, or any part thereof, aerially or underground. Nothing in this Section shall be construed to require the Grantee to construct, operate, or maintain underground any ground-mounted appurtenances such as customer taps, line extenders, system passive devices, amplifiers, power supplies, pedestals, or other related equipment.

3.3. Undergrounding and Beautification Projects. In the event the County requires users of the Public Way relocate aerial facilities underground as part of an undergrounding or neighborhood beautification project, Grantee shall participate in the planning for relocation of its aerial facilities contemporaneously with other utilities. Grantee’s relocation costs shall be included in any computation of necessary project funding by the municipality or private parties. Grantee shall be entitled to reimbursement of its relocation costs from public or private funds raised for the project and made available to other users of the Public Way.

3.4. The Grantee shall not be required to relocate its facilities unless it has been afforded at least sixty (60) days notice or unless otherwise agreed to by the parties of the necessity to relocate its facilities. Upon adequate notice the Grantee shall provide a written estimate of the cost associated with the work necessary to relocate its facilities.

3.5. Emergency. Whenever, in case of fire or other emergency, it becomes necessary, in the judgment of the County Manager, Police Chief, Fire Chief, or Public Works Director, or their designees, to remove or damage any of Grantee’s facilities, no charge shall be made by Grantee against County for restoration, repair, or damages. Notwithstanding the above, Grantee reserves the right to assert a right of reimbursement or compensation from any responsible party.

SECTION 4 - Service Obligations

4.1. The Grantee agrees and acknowledges that it shall not deny cable service or video service to any potential residential or commercial subscribers because of race or income of the residents in the local area in which the potential subscribers reside. Further, Grantee shall comply with all federal and state anti-discrimination laws, as well as County anti-discrimination ordinances with regard to providing all said services to potential subscribers. As of the Effective Date of this Agreement, Grantee’s Cable System has been designed to provide, and is capable of providing, Cable Service to residential Customers throughout the Initial Franchise Service Area. The Grantee shall continue to make Cable Service available in the Initial Franchise Service Area throughout the term of this Agreement and Grantee shall extend its Cable System and provide service consistent with the provisions of this Franchise Agreement.

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4.1.2. General Service Obligation. The Grantee shall make Cable Service available beyond the Initial Franchise Service Area to every residential dwelling unit within the Franchise Area where the minimum density is at least thirty (30) dwelling units per linear Cable System network mile as measured from the existing Cable System’s technically feasible connection point. Subject to the density requirement, Grantee shall offer Cable Service to all new homes or previously unserved homes, located within one hundred twenty-five (125) feet of the Grantee’s distribution cable (e.g. Standard Installation.)

4.1.3 The Grantee may elect to provide Cable Service to areas not meeting the above density and distance standards. The Grantee may impose an additional charge in excess of its regular installation charge for any service installation requiring a drop in or line extension in excess of the above standards. Any such additional charge shall be computed on a time plus materials basis plus a reasonable rate of return.

4.2. Programming. The Grantee agrees to provide cable programming services in the following broad categories: Children General Entertainment Family Oriented Ethnic/Minority Sports Weather Arts, Culture and Performing Arts News & Information Educational Pursuant and subject to federal law, all Video Programming decisions, excluding PEG Access Programming, are at the sole discretion of the Grantee.

4.3. New Developments. The County shall provide the Grantee with written notice of the issuance of building or development permits for planned developments within the Franchise Area requiring undergrounding of cable facilities or extension of the Cable System is required. Such notices shall be provided at the time of notice to all utilities or other like occupants of the County’s Public Way. The County agrees to require the developer, as a condition of issuing the permit, to give the Grantee access to open trenches for deployment of cable facilities and at least ten (10) business days written notice of the date of availability of open trenches.

4.3.1. Annexation. In the event County annexes territory that is not within the County limits at the Effective Date, the County shall provide written notice to Grantee. Grantee and County shall meet within thirty (30) days to reach an agreement on the time deadline to serve the new area. Grantee shall serve the new area as soon as possible, consistent with the terms of this Franchise Agreement.

4.3.2 In cases of new construction, planned developments or property development where undergrounding or extension of the Cable System is required, the County shall provide or cause the developer or property owner to provide notice of the same. Such notices shall be provided at the time of notice to all utilities or other like occupants of the County’s Public Way. If advance notice of such annexation, new

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construction, planned development or property development is not provided, the Grantee shall be allowed at least ninety (90) days to prepare, plan and provide a detailed report as to the timeframe for it to construct its facilities and provide the services required under this Franchise Agreement.

4.4 Grantee and the County acknowledge that the customer service standards and customer privacy protections are set forth in the Cable and Video Customer Protection Law, 220 ILCS 22/501 et. Seq as may be amended.

4.5 The Grantee and County acknowledge that complimentary service for schools is included in 220 ILCS 5/22-501(f), whereby the Grantee shall provide complimentary basic Cable Service and a free standard installation at one outlet to each Illinois accredited K-12 public and private school, not including “home schools,” located in the Franchise Area within one hundred twenty-five (125) feet of the Grantee’s distribution cable. 4.6 The Grantee and County acknowledge that complimentary service for municipal buildings is included in 220 ILCS 5/22-501(f), whereby the Grantee shall provide complimentary basic Cable Service and a free standard installation at one outlet to each Municipal Building located in the Franchise Area within one hundred twenty-five (125) feet of Grantee’s distribution cable. “Municipal Buildings” are those building owned by the County for government administrative purposes and shall not include buildings owned by County but leased to third parties or buildings such as storage facilities at which government employees are not regularly stationed.

4.6.2. Emergency Alerts. At all times during the term of this Franchise Agreement, the Grantee shall provide and maintain an “Emergency Alert System” (“EAS”), consistent with a applicable Federal and State law and regulation, including 47 C.F.R., Part 11 and the “State of Illinois Emergency Alert System State Plan”, as amended from time to time.

SECTION 5 - Oversight and Regulation by County

5.1. Franchise Fees. The Grantee shall pay to the County a franchise fee in an amount equal to five percent (5%) of annual Gross Revenues received from the operation of the Cable System to provide Cable Service in the Franchise Area; provided, however, that Grantee shall not be compelled to pay any higher percentage of fees than any other video service provider, under state authorization or otherwise, providing service in the Franchise Area. The payment of franchise fees shall be made on a quarterly basis and shall be due within thirty (30) days after the close of each calendar quarter. Each franchise fee payment shall be accompanied by a report prepared by a representative of the Grantee showing the basis for the computation of the Franchise Fees paid during that period. Any undisputed franchise fee payment which remains unpaid in whole or in part, after the date specified herein shall be delinquent. For any delinquent Franchise Fee payments, Grantee shall make such payments including interest from the time of the discovery of the delinquent payment at an annual rate of two percent (2%) over prime

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lending rates as quoted by Chase Bank U.S.A or its successor, whichever is higher, computed daily from time due until paid. Any undisputed overpayments made by Grantee to the County shall be returned or credited upon discovery of such overpayment and shall be payable within thirty (30) days of the receipt of written notice from Grantee.

5.1.1 Interest shall only apply to delinquent payments that are solely attributable to the actions of the Grantee. Therefore, where information or data that would be germane to the Grantee’s ability to collect, calculate or remit the correct payment is within the control of the County and the Grantee has made reasonable efforts to effect an accurate calculation in the event of a delinquent or corrective payment being made no interest shall apply to any such payments.

5.2. Franchise Fees Subject to Audit. The County and Grantee acknowledge that the audit standards are set forth in the Illinois Municipal Code at 65 ILCS 5/11-42- 11.05 (Municipal Franchise Fee Review; Requests for Information). Any audit shall be conducted in accordance with generally applicable auditing standards.

5.3 Franchise Fees Not a Tax.

5.3.1. Grantee acknowledges and agrees that the Franchise fees payable by Grantee to County, pursuant to this section, shall take precedence over all other material provisions of the Franchise and shall not be deemed to be in the nature of a tax. Further, Grantee acknowledges and agrees that such Franchise fees shall be in addition to any and all taxes of general applicability and other fees and charges which do not fall within the definition of a franchise fee under 47 U.S.C. §542.

5.3.2. Grantee shall not apply or seek to apply all or any part of any taxes, fees, or assessments of general applicability, levied or imposed by the County (including any such tax, fee, or assessment imposed on both utilities and cable operators or their services), which do not fall within the definition of a franchise fee under 47 U.S.C. §542, as a deduction or other credit or against any of the Franchise fees or other payments or contributions to be paid or made by Grantee to County, pursuant to this Franchise Agreement, which shall be deemed to be separate and distinct obligations of Grantee.

5.5. Maintenance of Books, Records, and Files.

5.5.1. Proprietary Information. Notwithstanding anything to the contrary set forth in this Agreement, the Grantee shall not be required to disclose information which it reasonably deems to be proprietary or confidential in nature. The County agrees to treat any information disclosed by the Grantee as confidential and only to disclose it to those employees, representatives, and agents of the County that have a need to know in order to enforce this Franchise Agreement and who agree to maintain the confidentiality of all such information. For purposes of this Section, the terms “proprietary or confidential” include, but are not limited to, information relating to the Cable System design, customer lists, marketing plans, financial information unrelated to the calculation

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of franchise fees or rates pursuant to FCC rules, or other information that is reasonably determined by the Grantee to be competitively sensitive. Grantee may make proprietary or confidential information available for inspection but not copying or removal by the Franchise Authority’s representative. In the event that the County has in its possession and receives a request under a state “sunshine,” public records, or similar law for the disclosure of information the Grantee has designated as confidential, trade secret or proprietary, the County shall notify Grantee of such request and cooperate with Grantee in opposing such request.

SECTION 6 – Transfer of Cable System or Franchise or Control of Grantee

6.1. Neither the Grantee nor any other Person may transfer the Cable System or the Franchise without the prior written consent of the County, which consent shall not be unreasonably withheld or delayed. No transfer of control of the Grantee, defined as an acquisition of 51% or greater ownership interest in Grantee, shall take place without the prior written consent of the County, which consent shall not be unreasonably withheld or delayed. No consent shall be required, however, for (i) a transfer in trust, by mortgage, hypothecation, or by assignment of any rights, title, or interest of the Grantee in the Franchise or in the Cable System in order to secure indebtedness, or (ii) a transfer to an entity directly or indirectly owned or controlled by Comcast Corporation. Within thirty (30) days of receiving a request for consent, the County shall, in accordance with FCC rules and regulations, notify the Grantee in writing of the additional information, if any, it requires to determine the legal, financial and technical qualifications of the transferee or new controlling party. If the County has not taken final action on the Grantee’s request for consent within one hundred twenty (120) days after receiving such request, consent shall be deemed granted.

SECTION 7 – Insurance and Indemnity

7.1. Insurance. Throughout the term of this Franchise Agreement, the Grantee shall, at its own cost and expense, maintain Comprehensive General Liability Insurance and provide the County insurance policies designating the County and its officers, boards, commissions, councils, elected officials, agents and employees as additional insureds and demonstrating that the Grantee has obtained the insurance required in this Section. Such policy or policies shall be in the minimum amount of One Million Dollars ($1,000,000.00) for bodily injury or death to any one person, and One Million Dollars ($1,000,000.00) for bodily injury or death of any two or more persons resulting from one occurrence, and One Million Dollars ($1,000,000.00) for property damage resulting from any one accident. Such policy or policies shall be non-cancelable except upon thirty (30) days prior written notice to the County. The Grantee shall provide workers’ compensation coverage in accordance with applicable law. The Grantee shall indemnify and hold harmless the County from any workers compensation claims to which the Grantee may become subject during the term of this Franchise Agreement. The policy or

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policies shall provide coverage on an “occurrence” basis. The policy or policies shall cover blanket contractual liability, subject to the standard, universal exclusions of contractual liability included in the carrier’s standard endorsement as to bodily injuries, personal injuries, and property damage. Broad form property damage liability shall be afforded. County shall be named as an additional insured on the general liability policy. An endorsement shall be provided which states that the coverage is primary insurance with respect to claims arising from Grantee’s operations under this Franchise Agreement and that no other insurance maintained by Grantor will be called upon to contribute to a loss under this coverage. Standard form of cross-liability shall be afforded. Grantee shall provide certificates of insurance to the County, within thirty (14) business days from the execution of this Agreement, showing that the above-enumerated policies are in force.

7.2 Indemnification. The Grantee shall indemnify, defend and hold harmless the County, its officers, employees, and agents from and against any liability or claims resulting from property damage or bodily injury (including accidental death) that arise out of the Grantee’s construction, operation, maintenance or removal of the Cable System, provided that the County shall give the Grantee written notice of its obligation to indemnify and defend the County within fourteen (14) business days of receipt of a claim or action pursuant to this Section. If the County determines that it is necessary for it to employ separate counsel, the costs for such separate counsel shall be the responsibility of the County.

7.2.1. The Grantee shall not indemnify the County for any liabilities, damages, costs or expense resulting from the willful misconduct or negligence of the County, its officers, employees and agents.

7.2.2. The County does, and shall not, waive any rights against the Grantee, which it may have by the reason of the indemnification, provided for in this Agreement, because of the acceptance by the County, or the deposit with the County by Grantee, of any of the insurance policies described in this Franchise Agreements.

7.2.3. The indemnification of County by Grantee provided for in this Franchise Agreement shall apply to all damages and claims for damages of any kind suffered by reason of any of the Grantee’s operations referred to in this Franchise Agreement, regardless of whether or not such insurance policies shall have been determined to be applicable to any such damages or claims for damages.

7.2.4 The Grantee shall not indemnify the County for any liabilities, damages, costs, or expenses resulting from the willful misconduct or negligence of the County, its officers, employees, or agents. To the extent permissible under State law, and without waiver of any affirmative defense, the County shall indemnify the Grantee for any liabilities, damages, costs or expenses resulting from the misconduct or negligence of the County’s government, educational, or public access programming. The Grantee shall give the County written notice of its obligation to indemnify and defend the Grantee within fourteen (14) business days from receipt of the claim. If the Grantee determines that it is necessary for it to employ separate counsel, the costs for such separate counsel

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shall be the responsibility of the Grantee. The County shall, at all times, retain control over the settlement of any claim or action subject to the aforementioned indemnification. The County’s indemnification of Grantee shall in no way serve as a waiver or modification of any statutory cap on municipal liability that may exist under applicable law.

SECTION 8 - System Description

8.1. Technical Standards. The Grantee shall comply with all applicable technical standards of the FCC as published in subpart K of 47 C.F.R. § 76 of the Code of Federal Regulations, as may be amended from time to time, which regulations are expressly incorporated herein by reference. The Cable System shall be designed, constructed, routinely inspected, and maintained to guarantee that the Cable System meets or exceeds the requirements of the most current editions of the National Electrical Code (NFRA 70) and the National Electrical Safety Code (ANSI C2) at such time that the design, construction, and/or maintenance is performed.

8.2 Special Testing. Where there exists recurring evidence, which in the judgment of the County, casts a doubt that the above technical standards are being met, the County, at its own expense, shall have the right and authority to require the Grantee to test and analyze performance of the Cable System. Before ordering such tests, Grantee shall be afforded thirty (30) days following receipt of written notice to investigate and, if necessary, correct problems. County shall meet with Grantee prior to requiring testing to discuss the need for such tests. If both parties agree Grantee has not met FCC technical standards, at the time of testing, Grantee shall reimburse County’s reasonable expenses incurred for ordering Grantee’s testing.

SECTION 9 - Enforcement of Franchise

9.1. Notice of Violation or Default. In the event the County believes that the Grantee has not complied with the material terms of the Franchise, it shall notify the Grantee in writing with specific details regarding the exact nature of the alleged noncompliance or default.

9.2. Grantee’s Right to Cure or Respond. The Grantee shall have from date of the receipt of the County’s written notice: (a) fifteen (15) business days to respond to the County, contesting the assertion of noncompliance or default; (b) thirty (30) days to cure such default; or (c) in the event that, by nature of the default, such default cannot be cured within the thirty (30) day period, immediately initiate reasonable steps to remedy such default and notify the County, in writing, of the reasons the default cannot be remedied within thirty days, the steps being taken to remedy the default, and the projected date that the cure will be completed.

9.3. Enforcement. Subject to applicable federal and state law, in the event the County determines that the Grantee is in default of any material provision of the Franchise, the County may:

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9.3.1. Seek specific performance of any provision that reasonably lends itself to such remedy as an alternative to damages, or seek other equitable relief;

9.3.2. Commence an action at law for monetary damages seek other equitable relief;

9.3.3. In the case of a substantial default of a material provision of the Franchise, declare the Franchise Agreement to be revoked in accordance with the following:

(i) The County shall give written notice to the Grantee of its intent to revoke the Franchise on the basis of a pattern of noncompliance by the Grantee, including two or more instances of substantial noncompliance with a material provision of the Franchise. The notice shall set forth with specificity the exact nature of the noncompliance. The Grantee shall have forty-five (45) days from the receipt of such notice to object in writing and to state its reasons for such objection. In the event the County has not received a response from the Grantee or upon receipt of the response does not agree with the Grantee’s proposed remedy, it may then seek termination of the Franchise at a public hearing. The County shall cause to be served upon the Grantee, at least ten (10) days prior to such public hearing, a written notice specifying the time and place of such hearing and stating its intent to request termination of the Franchise.

(ii) At the designated hearing, the County shall give the Grantee an opportunity to state its position on the matter, present evidence and question witnesses, after which it shall determine whether or not the Franchise shall be terminated. The public hearing shall be on the record and a written transcript shall be made available to the Grantee within ten (10) business days. The decision of the County shall be in writing and shall be delivered to the Grantee by certified mail. The Grantee may appeal such determination to an appropriate court, which shall have the power to review the decision of the County to modify or reverse such decision if the County’s decision was against the manifest weight of the evidence.

9.4. Technical Violation. The County agrees that it is not its intention to subject the Grantee to penalties, fines, forfeitures or revocation of the Franchise for so- called “technical” breach(es) or violation(s) of the Franchise, which shall include, but not be limited, to the following:

(a) In instances or for matters where a violation or a breach of the Franchise by the Grantee was good faith error that resulted in no or minimal negative impact on the Customers within the Franchise Area; or

(b) Where there existed circumstances reasonably beyond the control of the Grantee and which precipitated a violation by the Grantee of the Franchise, or which

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were deemed to have prevented the Grantee from complying with a term or condition of the Franchise.

SECTION 10 – Access Programming-omit from County document

SECTION 11 - Miscellaneous Provisions

11.1. Force Majeure. The Grantee shall not be held in default under, or in noncompliance with, the provisions of the Franchise, nor suffer any enforcement or penalty relating to noncompliance or default (including termination, cancellation or revocation of the Franchise), where such noncompliance or alleged defaults occurred or were caused by strike, riot, war, earthquake, flood, tidal wave, unusually severe rain or snow storm, hurricane, tornado or other catastrophic act of nature, labor disputes, failure of utility service necessary to operate the Cable System, governmental, administrative or judicial order or regulation or other event that is reasonably beyond the Grantee’s ability to anticipate or control. This provision also covers work delays caused by waiting for utility providers to service or monitor their own utility poles on which the Grantee’s cable or equipment is attached, as well as unavailability of materials or qualified labor to perform the work necessary.

11.2. Notice. All notices shall be in writing and shall be sufficiently given and served upon the other party by hand delivery, first class mail, registered or certified, return receipt requested, postage prepaid, or by reputable overnight courier service and addressed as follows:

To the County: County of Peoria Attn: County Administrator 324 N. Main Street Peoria, Illinois 61602

To the Grantee: Comcast Attn: Government Affairs 1500 McConnor Pkwy Schaumburg, IL 60173

With a copy to: Comcast Attn: Government Affairs 1701 JFK Blvd. Philadelphia, PA 19103

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11.3. Entire Agreement. This Franchise Agreement embodies the entire understanding and agreement of the County and the Grantee with respect to the subject matter hereof and supersedes all prior understandings, agreements and communications, whether written or oral. All ordinances or parts of ordinances that are in conflict with or otherwise impose obligations different from the provisions of this Franchise Agreement are superseded by this Franchise Agreement.

11.4. Severability. If any section, subsection, sentence, clause, phrase, or other portion of this Franchise Agreement is, for any reason, declared invalid, in whole or in part, by any court, agency, commission, legislative body, or other authority of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent portion. Such declaration shall not affect the validity of the remaining portions hereof, which other portions shall continue in full force and effect.

11.5. Governing Law. This Franchise Agreement shall be deemed to be executed in the State of Illinois, and shall be governed in all respects, including validity, interpretation and effect, and construed in accordance with, the laws of the State of Illinois and/or Federal law, as applicable.

11.6. Modification. No provision of this Franchise Agreement shall be amended or otherwise modified, in whole or in part, except by an instrument, in writing, duly executed by the County and the Grantee, which amendment shall be authorized on behalf of the County through the adoption of an appropriate resolution or order by the County, as required by applicable law.

11.7. No Third-Party Beneficiaries. Nothing in this Franchise Agreement is intended to confer third-party beneficiary status on any person, individual, corporation or member of the public to enforce the terms of this Franchise Agreement.

11.8. No Waiver of Rights. Nothing in this Franchise Agreement shall be construed as a waiver of any rights, substantive or procedural, Grantee may have under federal or state law unless such waiver is expressly stated herein.

IN WITNESS WHEREOF, this Franchise Agreement has been executed by the duly authorized representatives of the parties as set forth below, as of the date set forth below:

For the County of Peoria: For Comcast of Illinois/ Indiana/ Ohio, LLC

By: ______By: ______

Name: ______Name: ______

Title: ______Title: ______

Date:______Date:______

15 38 TO THE HONORABLE COUNTY BOARD

COUNTY OF PEORIA, ILLINOIS

Your Executive Committee recommends passage of the following Resolution:

RE: Franchise Agreement Between Comcast of Illinois/ Indiana/ Ohio, LLC and Peoria County

RESOLUTION

WHEREAS, Comcast of Illinois/ Indiana/ Ohio, LLC., a provider of Cable TV Service in Peoria County; and WHEREAS, the State of Illinois has delegated to the County the authority to grant a franchise for a cable communications system within the County's territorial boundaries, and pursuant to Peoria County Code, Article II Cable Television and Communication Systems, (currently Sections 11.5-16 through 11.5-29 of the Peoria County Code, the County desires to exercise it authority to grant a non-exclusive franchise permitting the operation of a cable communications system within the County; and WHEREAS, the County intends, by the adoption of a franchise agreement, to authorize Comcast of Illinois/ Indiana/ Ohio, LLC, to operate a cable communications system in the County, pursuant to the franchise agreement.

NOW THEREFORE BE IT RESOLVED, by the County Board of Peoria County, that the County Administrator, with the review and approval of the State's Attorney's Office, is hereby authorized and directed to enter into a franchise agreement with Comcast of Illinois/ Indiana/ Ohio, LLC, for the operation of a cable communications system within the County for a term not to exceed 15 years.

RESPECTFULLY SUBMITTED, EXECUTIVE COMMITTEE

AGENDA BRIEFING

COMMITTEE: Public Safety and Justice Committee MEETING DATE: April 23, 2018 LINE ITEM: Revenues: 001-1-009-1-193-33400 State Grant $12,125.00 Expenditures: 001-1-009-1-193-54333 Coordinator Services $3,187.00

ISSUE: Approve the 2018 Domestic Violence Grant agreement with the Illinois Criminal Justice Information Authority (ICJIA) and the Peoria County Adult Probation Department along with the corresponding budget amendments (see below).

BACKGROUND/DISCUSSION: The Family Justice Center (FJC) has operated since 2004. This grant agreement allows funding for 2 Peoria County Probation Officers to be fully dedicated to the needs of the FJC. Specifically, those officers are responsible for the community supervision of the approximate 250 individuals convicted of domestic violence in Peoria County. Additionally, there are funds for an employee at the Center for the Prevention of Abuse (CFPA) who coordinates the treatment services for all domestic offenders.

The award to Peoria County Adult Probation is for $125,125. The funding contains $91,438 for the salary/fringe of 2 Adult Probation Officers. The remaining $33,687 is for the Family Violence Prevention Project Liaison through the CFPA. This is an increase from the SFY 2017 amounts of $113,750 with $83,055 to Probation and $30,695 to the CFPA.

The increase in the award was not known at the time of the budget approval. As a result, the following budget amendments are needed to accommodate this grant:

Revenues: 001-1-009-1-193-33400 State Grant $12,125.00

Expenditures: 001-1-009-1-193-54333 Coordinator Services $3,187.00

COUNTY BOARD GOALS:

EFFECTIVE SERVICE DELIVERY

STAFF RECOMMENDATION: Approval of the 2018 grant agreement with ICJIA and budget amendments.

COMMITTEE ACTION: Approved 4/23/18 (6-0 votes) Mr. Elsasser and Mr. Rieker voted aye via teleconference; Ms. Pastucha absent

PREPARED BY: Daniel S. Hunt, Director of Probation & Court Services DEPARTMENT: Court Administration DATE: April 3, 2018

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TO THE HONORABLE COUNTY BOARD ) ) COUNTY OF PEORIA, ILLINOIS )

The Peoria County Public Safety and Justice Committee does hereby recommend passage of the following Resolution:

RE: Approval of the 2018 Domestic Violence Grant Agreement with Illinois Criminal Justice Information Authority and the Peoria County Adult Probation Department and related budget amendments

RESOLUTION

WHEREAS, in 2016 the Adult Probation Department was awarded a grant with the Illinois Criminal Justice Information Authority in the amount of $113,750 for one year with the possibility to extend for two additional years; and

WHEREAS, the Adult Probation Department was approved for an extension for 2017 and again notified by ICJIA that an extension for 2018 has been granted in an increased amount ($125,125); and

WHEREAS, the increase in the grant from previous years requires a budget amendment. The grant increases as follows: Revenue line item 001-1-009-1-193-33400 State Grant - $12,125.00 and Expenditure line item 001-1-009-1-193-54333 Coordinator Services - $3,187.00.

NOW THEREFORE BE IT RESOLVED, by the Peoria County Board, that it approves the SFY2018 grant agreement between ICJIA and the Peoria County Adult Probation Department and the related budget amendment.

RESPECTFULLY SUBMITTED,

Public Safety and Justice Committee

Reviewed:

Date:

115

AGENDA BRIEFING

COMMITTEE: Land Use MEETING DATE: April 23, 2018 LINE ITEM: AMOUNT: 063-2-063-4-449-33400 $27,950.00 063-2-063-4-449-54428 $18,000.00 063-2-063-4-449-61001 $9,950.00 001-1-018-4-414-42063 $9,950.00 001-1-018-4-414-54428 $9,950.00

ISSUE: Illinois Housing Development Authority (IHDA) Abandoned Property Program Grant Award

BACKGROUND/DISCUSSION: The Illinois Housing Development Authority has awarded Peoria County $27,950.00 to assist with the demolition of Abandoned Residential Property pursuant to an application made in December 2017

The grant award will allow for the demolition of 2 structures within Limestone Township that Planning & Zoning has determined to be unsafe. Additionally, the grant award allows for the reimbursement of previously incurred expenses, provided they were incurred on or after January 1, 2015. Two such properties within Limestone Township were included in the grant application, for a total reimbursement of $9,950.00

All of the properties included within the grant award were within the target area identified within the West Laramie Neighborhood Plan. It is likely that Peoria County would not have received funds without the West Laramie Neighborhood Plan, which was adopted by the Peoria County Board at the September 2017 meeting.

The resolution must be adopted within 30 days of June 13, therefore it will have an effective date of May 14,2018, if approved.

COUNTY BOARD GOALS:

HIGH PERFORMING PUBLIC ORGANIZATION

COMMITTEE ACTION: Approved (6-0) (Mr. Elsasser absent for vote.) (Mr. Harding & Mr. Robinson were absent.)

PREPARED BY: Andrew Braun, Senior Planner DEPARTMENT: Planning & Zoning DATE: April 10, 2018

116 TO THE HONORABLE COUNTY BOARD ) ) COUNTY OF PEORIA, ILLINOIS )

Your Land Use Committee does hereby recommend passage of the following Resolution:

RE: Grant Agreement APP - 51420 for Illinois Housing Development Authority (IHDA) Abandoned Residential Property Municipal Relief Program (APP)

RESOLUTION

WHEREAS, the County Board of Peoria County (“County of Peoria”), an Illinois unit of local government met on May 10, 2018 and adopted the following Resolutions all of which are in accordance with the laws of the State of Illinois, to be effective May 14, 2018:

WHEREAS, the Illinois Housing Development Authority (the “Authority”) has issued to the County of Peoria that certain Conditional Commitment Letter (together with any amendments thereto, the “Commitment”), pursuant to which the Authority has agreed to issue a grant from the Abandoned Residential Property Municipal Relief Program (the “Program”) to the County of Peoria in an amount not to exceed Twenty-Seven Thousand Nine Hundred Fifty Dollars ($27,950.00) (the “Grant”) and the County of Peoria will use the Grant funds solely and exclusively for eligible activities in connection with Program and for no other purpose; and

WHEREAS, the County Board deems it to be in the best interest of the County of Peoria to accept the Grant;

WHEREAS, your Committee hereby recommends approval of the grant agreement.

THEREFORE, BE IT RESOLVED, the County Board of Peoria County hereby authorizes the acceptance of the Grant; and

FURTHER RESOLVED that an additional Twenty-Seven Thousand, Nine Hundred Fifty Dollars be appropriated for FY2018 to the following line items; $27,950.00 to revenue line item 063- 2-063-4-449-33400; and $18,000 to expenditure line item 063-2-063-449-54428; and $9,950.00 to expenditure line item 063-2-063-4-449-61001; and $9,950.00 to revenue line item 001-1-018-414- 42063; and $9,950.00 to expenditure line item 001-1-018-4-414-54428.

FURTHER RESOLVED that the County of Peoria is authorized to accept the Commitment and enter into a Program Funding Agreement for the Program (the “Agreement”) with the Authority wherein the County of Peoria agrees to perform Program services in return for the Grant; and

FURTHER RESOLVED that the County of Peoria hereby accepts the Grant, agrees to deliver and/or execute the Commitment and the Agreement and any and all other instruments, certifications and agreements as may be necessary or desirable for the County of Peoria to perform all of its obligations and duties under the Program (including any amendments, other agreements or supplements); and

FURTHER RESOLVED that Scott Sorrel, the County Administrator of the County of Peoria, without the necessity or requirement for the signature of another person, is hereby authorized, empowered, and directed to execute on behalf of the County of Peoria, the Commitment, the Agreement and all other documents and instruments relating to the Grant to be delivered to the Authority in connection with the closing of the Grant and take such further action on behalf of the County of Peoria as they deem necessary to effectuate the foregoing Resolutions; and 117

FURTHER RESOLVED that the County of Peoria hereby ratifies, authorizes, confirms and approves any prior action of the County of Peoria taken in furtherance of the foregoing Resolutions and any and all documents and instruments previously executed on behalf of the County of Peoria in connection with the Grant.

RESPECTFULLY SUBMITTED, LAND USE COMMITTEE

2 118

AGENDA BRIEFING

COMMITTEE: Land Use Committee LINE ITEM: N/A MEETING DATE: April 23, 2018 AMOUNT: N/A

ISSUE: 2018 Peoria County Multi-Hazard Mitigation Plan

BACKGROUND/DISCUSSION: The Disaster Mitigation Act of 2000 requires that local governments develop and adopt natural hazard mitigations plans in order to receive certain federal assistance to mitigate the effects of natural hazards. The 2018 Multi-Hazard Mitigation Plan (HMP) serves as a stand-alone update to the original Plan adopted April 12, 2004 and updated Plan adopted April 2011. The HMP reflects a 12-month process in which Peoria County, through the coordination efforts of the consultant AMEC Foster Wheeler, participated in a Mitigation Advisory Committee to assist in writing the 2018 update.

The Plan represents a series of proactive steps to reduce the impact of natural disasters such as flooding, severe storms & tornados, winter storms, among other less probable disasters. By mitigating the effects of disasters, a community can be better prepared for subsequent disasters and avoid future losses and elongated periods of disruption.

The Plan includes a Hazard Identification and Risk Assessment (HIRA) of the existing programs and actions undertaken by Peoria County by mapping and recording historical events. The HIRA categorizes associated hazards to represent the likelihood and significance of an event within Peoria County.

As flooding continues to be the primary hazard within Peoria County, the HMP will allow for grant opportunities from the Federal Emergency Management Agency (FEMA) for buyout, elevation, and other flood proofing methods. The Plan also addresses funding for emergency management tools such as NOAA weather radios, improvements to universal siren systems, and retro-fitting structures for use as emergency shelters. Peoria County has received over $3 million dollars in grant funding as a result of the previous HMP.

The Plan was limited to include only those areas in unincorporated Peoria County under the County’s jurisdiction. This allowed for the Plan to be written with greater detail, identify more specific projects, and for the County’s Plan to be fully funded by a Hazard Mitigation Grant Program grant received in 2016. It will also be compliant with the requirements of the Community Rating System Program, whereas the previous multi-jurisdiction plans did not meet all the criteria.

COUNTY BOARD GOALS: HEALTHY VIBRANT COMMUNITIES

STAFF RECOMMENDATION: Approval

COMMITTEE ACTION: Approved (6-0) (Mr. Elsasser absent for vote.) (Mr. Harding & Mr. Robinson were absent.)

PREPARED BY: Andrew Braun, Senior Planner DEPARTMENT: Planning & Zoning DATE: April 10, 2018

119

Prepared by Amec Foster Wheeler Environment & Infrastructure Hazard Mitigation and Emergency Management Program

in coordination with Peoria County, Planning and Zoning Department

120

The purpose of hazard mitigation is to reduce or eliminate the long-term risk to people and property from natural and/or man-made hazards. Peoria County, Illinois, has prepared this local multi-hazard mitigation plan to better protect the people and property of the unincorporated areas of the County from the effects of natural and man-made hazard events. The plan update was prepared pursuant to the requirements of the Disaster Mitigation Act of 2000 (Public Law 106- 390) and the implementing regulations set forth by the Interim Final Rule published in the Federal Register on February 26, 2002, (44 CFR §201.6) and finalized on October 31, 2007 to achieve eligibility for the Federal Emergency Management Agency (FEMA) Hazard Mitigation Assistance (HMA) programs.

Previously, Peoria County participated in a multi-jurisdictional planning process that resulted in the Tri-County Regional Planning Commission Natural Hazard Mitigation Plan, 2010. For this effort, Peoria County has independently prepared a local multi-hazard mitigation plan for the unincorporated areas of the County.

The planning process for development of this local plan followed a methodology prescribed by FEMA, which began with the formation of a Hazard Mitigation Planning Committee (HMPC) comprised of key stakeholders from the County, local and neighboring jurisdictions, and state and federal agencies. The HMPC conducted a risk assessment that identified and profiled hazards that pose a risk to the County, assessed the County’s vulnerability to these hazards, and examined the capabilities in place to mitigate them. The County is vulnerable to several hazards that are identified, profiled, and analyzed in this plan. Flood, severe thunderstorms, tornadoes, and severe winter storms are among the hazards that can have a significant impact on the County.

Based upon the risk assessment, the HMPC identified goals and objectives for reducing risk to natural hazards. The goals and objectives of this multi-hazard mitigation plan are to:

Goal 1: Reduce the vulnerability of the people, property, and environment of Peoria County from the effects of natural and man-made hazards.  Strengthen protection of critical facilities and infrastructure to create a safer, more sustainable community;  Build and support local capabilities to respond and recover from natural and man-made hazard events;  Increase the local floodplain management activities and participation in the National Flood Insurance Program (NFIP); and

Unincorporated Peoria County, Illinois i Multi-Hazard Mitigation Plan July 2017 121

 Protect community historic/cultural/environmental resources from identified natural and man-made hazards.

Goal 2: Enhance public education programs to raise awareness of and preparedness for hazard events. Goal 3: Improve and coordinate mitigation activities with surrounding communities, non- profits, and private businesses. To meet identified goals and objectives, the plan recommends the mitigation actions summarized in the table on the following pages. The HMPC also developed an implementation plan for each action, which identifies priority level, background information, ideas for implementation, responsible agency, timeline, cost estimate, potential funding sources, and more.

The Multi-Hazard Mitigation Plan will be formally adopted by the Peoria County Board and will be updated within a five-year timeframe.

Unincorporated Peoria County, Illinois ii Multi-Hazard Mitigation Plan July 2017 122

Address Address Continued HMPC Goals Hazards Action Current Future Compliance Priority Addressed Addressed Development Development with NFIP

1. Evaluate structural integrity of critical facilities and High 1 Multi-Hazard  shelters to confirm resistance to hazard events.

2. Coordinate hazard risk assessments with other agencies High 3 Multi-Hazard  

3. Create formal mutual aid agreements with neighboring High 3 Multi-Hazard   communities to meet emergency response needs.

4. Coordinate with American Red Cross to maintain list of High 3 Multi-Hazard   emergency shelters and shelter agreements.

5. Coordinate with IDNR to address the stalemate with FEMA and private owners of a provisionally accredited High 3 Flood    levee.

6. Establish prioritized list for mitigation of flood prone High 1 Flood   structures

7. Verify with IDNR that dam inspections are current. High 3 Dam Failure  

8. Coordinate with NRCS regarding technical and financial High 3 Drought   assistance for drought preparedness and response.

9. Maintain snow/ice fighting resources High 1 Winter Storm 

10. Continue to organize and hold collections for household High 1 Multi-Hazard  hazardous wastes, tires, etc.

11. Special needs/oxygen-user registration program High 1 Multi-Hazard  

Unincorporated Peoria County, Illinois iii Multi-Hazard Mitigation Plan July 2017 123

Address Address Continued HMPC Goals Hazards Action Current Future Compliance Priority Addressed Addressed Development Development with NFIP

12. Update flood risk assessment utilizing depth grid information as Risk MAP products become available to Peoria County through the flood map update process. High 1 Flood    Depth grid information will allow for more accurate flood vulnerability calculations.

13. Continue participation in CRS Program and implementation of flood hazard outreach program – High 1,2 Flood    including website maintenance, general and targeted outreach projects; and educational documents in libraries.

14. Prepare “take-home” brochure for school system to Medium 2 Multi-Hazard   address hazard preparedness planning and coordination.

15. Re-evaluate community education programs to Medium 2 Multi-Hazard   incorporate hazard mitigation.

16. Identify and train key County employees, outside of EMA, in disaster response and operations to ensure continuity Medium 3 Multi-Hazard   of County government during disaster events.

17. Create county-wide database for Elevation Certificates; Medium 1 Flood   Letters of Map Change; and First Floor Elevations.

18. Establish requirement for future development projects to Medium 1 Flood   determine impacts to existing development.

19. Prepare Repetitive Loss Area (RLA) Analyses for each of Medium 1 Flood   the identified RLAs.

20. Organize public workshop to discuss flood mitigation and Medium 2 Flood   property protection.

Unincorporated Peoria County, Illinois iv Multi-Hazard Mitigation Plan July 2017 124

Address Address Continued HMPC Goals Hazards Action Current Future Compliance Priority Addressed Addressed Development Development with NFIP

21. Update landscape ordinance to provide homeowner credit Medium 1 Multi-Hazard   for use of native plantings.

22. Update Subdivision and Development regulations to require information from INDR on proximity of high hazard Medium 1 Dam Failure  dams.

23. Identify bridge/road infrastructure that is vulnerable to Medium 1 Earthquake  earthquakes.

24. Continue program to distribute NOAA weather radios, as Low 1 Multi-Hazard  funding allows.

25. Post flood warning signage in flood-prone areas, e.g. high Low 2 Flood    water marks.

26. Provide NFIP Training for insurance agents; surveyors; Low 2 Flood    and engineers.

27. Prepare watershed master plans for flood prone areas of Low 1 Flood    the County.

28. Establish Partnerships for maintenance of public open Low 3 Flood   space and acquired flood properties.

29. Establish process for conversion of acquired flood Low 1 Flood   properties to natural habitat

30. Post education signage in areas of acquired flood Low 2 Flood    properties describing benefits of natural habitat.

31. Continue acquisition program to mitigate repetitive flood Low 1 Flood   properties

Unincorporated Peoria County, Illinois v Multi-Hazard Mitigation Plan July 2017 125

Address Address Continued HMPC Goals Hazards Action Current Future Compliance Priority Addressed Addressed Development Development with NFIP

32. Identify opportunities to encourage/provide credit for low- Low 1 Flood   impact development and reduction of impervious areas.

33. Identify and pursue funding sources to mitigate/fill Land Low 1  underground mines. Subsidence

Hazardous 34. Provide training and exercises for first responders for Low 3 Materials   hazardous materials incidents. Incidents

35. Redundant systems and looping Low 1 Multi-Hazard   (water, sewer, electric, gas)

Unincorporated Peoria County, Illinois vi Multi-Hazard Mitigation Plan July 2017 126 TO THE HONORABLE COUNTY BOARD ) ) COUNTY OF PEORIA, ILLINOIS )

Your Land Use Committee does hereby recommend passage of the following Resolution:

RE: Adoption of the Peoria County Multi-Hazard Mitigation Plan

R E S O L U T I O N

WHEREAS, the County of Peoria, seeking FEMA approval of the Multi-Hazard Mitigation Plan, recognizes the threat that natural and man-made hazards pose to people and property within our community; and WHEREAS, undertaking hazard mitigation actions will reduce the potential for harm to people and property from future hazard occurrences; and WHEREAS, the U.S. Congress passed the Disaster Mitigation Act of 2000 (“Disaster Mitigation Act”) emphasizing the need for pre-disaster mitigation of potential hazards; WHEREAS, the Disaster Mitigation Act made available hazard mitigation grants to state and local governments; WHEREAS, an adopted Multi-Hazard Mitigation Plan is required as a condition of future funding for mitigation projects under multiple FEMA pre- and post-disaster mitigation grant programs; and WHEREAS, Peoria County fully participated in the FEMA-prescribed mitigation planning process to prepare this Multi-Hazard Mitigation Plan; and WHEREAS, the Illinois Emergency Management Agency (IEMA) and the Federal Emergency Management Agency Region IV officials have reviewed the “Peoria County Multi- Hazard Mitigation Plan”, and approved it contingent upon this official adoption of the participating governing body; WHEREAS, the Peoria County desires to comply with the requirements of the Disaster Mitigation Act and to augment its emergency planning efforts by formally adopting the Peoria County Multi-Hazard Mitigation Plan. WHEREAS, adoption by the governing body for Peoria County demonstrates the jurisdiction’s commitment to fulfilling the mitigation goals and objectives outlined in this Multi- Hazard Mitigation Plan. WHEREAS, adoption of this legitimizes the plan and authorizes responsible agencies to carry out their responsibilities under the plan. WHEREAS, your Committee met on April 23, 2018 to consider the Plan and voted to adopt said Plan; NOW THEREFORE BE IT RESOLVED, that the Peoria County Board hereby adopts the “Peoria County Multi-Hazard Mitigation Plan” as an official plan; and

RESPECTFULLY SUBMITTED, LAND USE COMMITTEE

127 AGENDA BRIEFING

COMMITTEE: Health Committee LINE ITEM: n/a MEETING DATE: April 24, 2018 AMOUNT: n/a

ISSUE: Heddington Oaks Bad Debt Policy

BACKGROUND/DISCUSSION: A Heddington Oaks Bad Debt Policy exists from 2006, but it is out of date and requires updating. A version of an updated Bad Debt Policy was reviewed and discussed by the Health Committee in September 2017 and deferred to a later time. The policy has been revisited again and revised for the consideration of the Health Committee and the County Board. The attached resolution includes the amended Heddington Oaks Bad Debt Policy (shown as Exhibit 1). This policy was developed from a combination of prior versions of the policy, review of policies from other County facilities and industry recommendations. The goal of this policy is to establish the process for defining an account as bad debt and how to deal with an account that is determined to be uncollectible. Heddington Oaks will employ proper collection tactics from mailed statements up to coordinated action with the State’s Attorney’s Office, including the potential use of an outside collection agency. Once all collection efforts have been exhausted, the account will be deemed uncollectible and eligible for write-off. This policy also establishes the County Board's threshold for writing off bad debt which is in line with the County purchasing policy as well as the Write-Off Policy for Governmental Funds. Writing off these uncollectible accounts from the accounts receivable will give a more accurate view of expected receipts. Please note, the County Board's approval of the Heddington Oaks Bad Debt Policy is subject to the approval of the State's Attorney.

COUNTY BOARD GOALS:

Financial Stability

STAFF RECOMMENDATION: Approval

COMMITTEE ACTION: Approved 4/24/18 (6-0 votes) Mr. Rieker voted aye via teleconference; Mr. Baietto and Mr. Waters absent

PREPARED BY: Paul Letcher, Heddington Oaks Finance Director DATE: April 16, 2018

128 TO THE HONORABLE COUNTY BOARD ) ) COUNTY OF PEORIA, ILLINOIS )

Your Health Committee does hereby recommend passage of the following Resolution:

RE: Heddington Oaks Bad Debt Policy

RESOLUTION

WHEREAS, The existing bad debt policy was adopted in 2006 and is out of date; and

WHEREAS, The details of the updated Heddington Oaks Bad Debt Policy is attached to this resolution as "Exhibit 1;" and

WHEREAS, After the County takes reasonable steps to collect on a debt, if it is proven that there is no longer any possible chance that the amount owed will be paid, the debt is considered uncollectible and can be written off; and

WHEREAS, This policy establishes the County Board's threshold for writing off bad debt; and

NOW THEREFORE BE IT RESOLVED, by the County Board of Peoria County, that the Heddington Oaks Bad Debt Policy is adopted as outlined in Exhibit 1.

RESPECTFULLY SUBMITTED, HEALTH COMMITTEE

129 EXHIBIT 1 Heddington Oaks Nursing Home Bad Debt Policy

POLICY: It is the policy of Heddington Oaks to collect all outstanding balances rightfully owed Heddington Oaks, regardless of pay source, and to institute collection procedures for any debt owed Heddington Oaks unless the resident is determined to be indigent. Heddington Oaks will utilize a combination of techniques including mailed statements, telephone calls, in-person meetings and coordinated action with the Peoria County State’s Attorney which could include the use of an outside collection agency.

DEFINITION OF BAD DEBT: Bad debts are defined as amounts considered being uncollectible from accounts receivable which are created or acquired in providing services. “Accounts Receivable” is a designation for claims arising from rendering services and is collectible in money in the relatively near future.

CRITERIA FOR BAD DEBT: A debt must meet the following criteria to be considered an allowable bad debt:

1. The debt must be related to covered services. 2. It must be established that reasonable collection efforts were made. 3. The debt is deemed uncollectible following exhaustion of collection efforts. 4. Sound business judgment established that there was no likelihood of recovery at any time in the future.

WRITING OFF BAD DEBT: 1. Once an account has been determined to be bad debt, the bad debt needs to be written off in the period in which it is deemed worthless. The County Chief Financial Officer (or Heddington Oaks Finance Director) will bring to the appropriate standing Committee of the County Board at least once annually, a report of accounts that are recommended to be written off.

2. The County CFO, in consultation with the States Attorney, shall annually have the authority to write off the list of accounts which in aggregate totals $5,000 or less. The County CFO shall report to the appropriate standing Committee of the County Board any write off action within 45 days of taking said action.

3. The County Administrator, in consultation with the States Attorney, shall annually have the authority to write off the list of accounts which in aggregate totals $19,999 or less. The County Administrator shall report to the appropriate standing Committee of the County Board any write off action within 45 days of taking said action.

4. If the annual list of accounts to be written off in aggregate totals $20,000 or more then the write-off action must be approved by the County Board prior to execution.

BAD DEBT RECOVERIES: A bad debt recovery can occur, either in whole or in part, after it has been written off or classified as a bad debt. Since a loss was generated when the item was written off, a bad debt recovery will result in the production of revenue.

2 130 AGENDA BRIEFING

COMMITTEE: Infrastructure LINE ITEM: N/A MEETING DATE: April 23, 2018 AMOUNT: N/A

ISSUE: Prevailing Wage Resolution

BACKGROUND/DISCUSSION:

The Prevailing Wage Act, 820 ILCS 130/1 et.seq. requires Peoria County to ascertain the prevailing wage for work contracted in performing construction of public works for Peoria County on an annual basis.

This resolution allows Peoria County to comply with the Prevailing Wage Act.

The prevailing wage rates in the packet for this resolution are the most current published rates by the Illinois Department of Labor.

COUNTY BOARD GOALS:

FINANCIAL STABILITY

INFRASTRUCTURE STEWARDSHIP

EFFECTIVE SERVICE DELIVERY

HEALTHY VIBRANT COMMUNITIES

WORKFORCE DEVELOPMENT

COLLABORATION

STAFF RECOMMENDATION: Approve the Resolution

COMMITTEE ACTION: Approved 4/23/18 (5-0 votes) Mr. Robinson absent

PREPARED BY: Jeffrey D. Gilles DEPARTMENT: Highway DATE: April 4, 2018

131

Prevailing Wage rates for Peoria County effective Sept. 1, 2017 Trade Title Region Type Class Base Fore- M-F OSA OSH H/W Pension Vacation Training Wage man OT Wage ASBESTOS ABT-GEN ALL BLD 26.89 28.39 1.5 1.5 2 7.80 18.85 0.00 0.80 ASBESTOS ABT-GEN ALL HWY 29.99 31.49 1.5 1.5 2 7.80 20.64 0.00 0.80 ASBESTOS ABT-MEC ALL BLD 32.78 35.28 1.5 1.5 2 12.12 11.70 0.00 0.72 BOILERMAKER ALL BLD 39.50 42.50 2 2 2 7.07 12.47 0.00 0.40 BRICK MASON ALL BLD 33.16 34.66 1.5 1.5 2 9.40 10.57 0.00 0.79 CARPENTER ALL BLD 32.01 34.26 1.5 1.5 2 8.45 17.10 0.00 0.54 CARPENTER ALL HWY 34.04 36.29 1.5 1.5 2 8.45 17.50 0.00 0.52 CEMENT MASON ALL BLD 28.05 29.80 1.5 1.5 2 7.50 15.65 0.00 0.50 CEMENT MASON ALL HWY 32.11 33.61 1.5 1.5 2 8.25 16.77 0.00 0.50 CERAMIC TILE FNSHER ALL BLD 30.86 30.86 1.5 1.5 2 9.40 10.57 0.00 0.77 ELECTRIC PWR EQMT OP ALL ALL 43.76 54.80 1.5 1.5 2 6.81 12.25 0.00 0.44 ELECTRIC PWR GRNDMAN ALL ALL 29.96 54.80 1.5 1.5 2 6.40 8.39 0.00 0.30 ELECTRIC PWR LINEMAN ALL ALL 48.61 54.80 1.5 1.5 2 6.96 13.61 0.00 0.49 ELECTRIC PWR TRK DRV ALL ALL 31.42 54.80 1.5 1.5 2 6.44 8.80 0.00 0.31 ELECTRICIAN ALL BLD 35.71 38.21 1.5 1.5 2 7.55 12.21 0.00 0.80 ELECTRONIC SYS TECH ALL BLD 28.00 30.00 1.5 1.5 2 7.10 11.44 0.00 0.40 ELEVATOR CONSTRUCTOR ALL BLD 43.43 48.86 2 2 2 15.28 15.71 3.47 0.60 GLAZIER ALL BLD 34.87 34.87 1.5 1.5 1.5 10.50 7.70 0.00 1.25 HT/FROST INSULATOR ALL BLD 43.70 46.20 1.5 1.5 2 12.12 12.96 0.00 0.72 IRON WORKER ALL BLD 32.41 34.31 1.5 1.5 2 10.66 15.47 0.00 0.54 IRON WORKER ALL HWY 36.82 38.82 1.5 1.5 2 10.66 15.47 0.00 0.64 LABORER ALL BLD 25.89 27.39 1.5 1.5 2 7.80 18.85 0.00 0.80 LABORER ALL HWY 29.24 30.74 1.5 1.5 2 7.80 20.64 0.00 0.80

132 LABORER, SKILLED ALL BLD 26.29 27.79 1.5 1.5 2 7.80 18.85 0.00 0.80 LABORER, SKILLED ALL HWY 29.54 31.04 1.5 1.5 2 7.80 20.64 0.00 0.80 LATHER ALL BLD 32.01 34.26 1.5 1.5 2 8.45 17.10 0.00 0.54 MACHINERY MOVER ALL HWY 36.82 38.82 1.5 1.5 2 10.66 15.47 0.00 0.64 MACHINIST ALL BLD 45.35 47.85 1.5 1.5 2 7.26 8.95 1.85 0.00 MARBLE FINISHERS ALL BLD 30.86 1.5 1.5 2 9.40 10.57 0.00 0.77 MARBLE MASON ALL BLD 32.61 33.86 1.5 1.5 2 9.40 10.57 0.00 0.78 MILLWRIGHT ALL BLD 31.74 33.99 1.5 1.5 2 8.45 17.72 0.00 0.54 MILLWRIGHT ALL HWY 33.59 35.33 1.5 1.5 2 8.20 16.95 0.00 0.52 OPERATING ENGINEER ALL BLD 1 39.69 42.69 1.5 1.5 2 9.00 19.23 0.00 3.00 OPERATING ENGINEER ALL BLD 2 36.83 42.69 1.5 1.5 2 9.00 19.23 0.00 3.00 OPERATING ENGINEER ALL BLD 3 32.12 42.69 1.5 1.5 2 9.00 19.23 0.00 3.00 OPERATING ENGINEER ALL HWY 1 39.69 42.69 1.5 1.5 2 9.00 19.23 0.00 3.00 OPERATING ENGINEER ALL HWY 2 36.83 42.69 1.5 1.5 2 9.00 19.23 0.00 3.00 OPERATING ENGINEER ALL HWY 3 31.27 41.62 1.5 1.5 2 8.00 19.23 0.00 3.00 PAINTER ALL ALL 35.35 37.35 1.5 1.5 1.5 10.30 8.20 0.00 1.35 PAINTER SIGNS ALL BLD 33.92 38.09 1.5 1.5 1.5 2.60 2.71 0.00 0.00 PILEDRIVER ALL BLD 33.01 35.26 1.5 1.5 2 8.45 17.10 0.00 0.54 PILEDRIVER ALL HWY 34.04 36.29 1.5 1.5 2 8.45 17.50 0.00 0.52 PIPEFITTER ALL BLD 38.90 43.18 1.5 1.5 2 7.10 12.53 0.00 1.06 PLASTERER ALL BLD 29.00 30.25 1.5 1.5 2 8.15 16.19 0.00 0.80 PLUMBER ALL BLD 35.57 38.77 1.5 1.5 2 7.10 14.71 0.00 0.95 ROOFER ALL BLD 31.00 32.55 1.5 1.5 2 9.00 9.20 0.00 0.30 SHEETMETAL WORKER ALL BLD 32.75 34.39 1.5 1.5 2 9.37 16.46 0.00 0.80 SIGN HANGER ALL HWY 36.82 38.82 1.5 1.5 2 10.66 15.47 0.00 0.64 SPRINKLER FITTER ALL BLD 37.12 39.87 1.5 1.5 2 8.42 8.50 0.00 0.35 STEEL ERECTOR ALL HWY 36.82 38.82 1.5 1.5 2 10.66 15.47 0.00 0.64 STONE MASON ALL BLD 33.16 34.66 1.5 1.5 2 9.40 10.57 0.00 0.79 TERRAZZO FINISHER ALL BLD 30.86 1.5 1.5 2 9.40 10.57 0.00 0.77 TERRAZZO MASON ALL BLD 32.61 32.61 1.5 1.5 2 9.40 10.57 0.00 0.78 TILE MASON ALL BLD 32.61 33.86 1.5 1.5 2 9.40 10.57 0.00 0.78

133 TRUCK DRIVER ALL ALL 1 36.15 40.04 1.5 1.5 2 12.16 5.89 0.00 0.25 TRUCK DRIVER ALL ALL 2 36.67 40.04 1.5 1.5 2 12.16 5.89 0.00 0.25 TRUCK DRIVER ALL ALL 3 36.91 40.04 1.5 1.5 2 12.16 5.89 0.00 0.25 TRUCK DRIVER ALL ALL 4 37.25 40.04 1.5 1.5 2 12.16 5.89 0.00 0.25 TRUCK DRIVER ALL ALL 5 38.23 40.04 1.5 1.5 2 12.16 5.89 0.00 0.25 TRUCK DRIVER ALL O&C 1 28.92 32.03 1.5 1.5 2 12.16 5.89 0.00 0.25 TRUCK DRIVER ALL O&C 2 29.34 32.03 1.5 1.5 2 12.16 5.89 0.00 0.25 TRUCK DRIVER ALL O&C 3 29.53 32.03 1.5 1.5 2 12.16 5.89 0.00 0.25 TRUCK DRIVER ALL O&C 4 29.80 32.03 1.5 1.5 2 12.16 5.89 0.00 0.25 TRUCK DRIVER ALL O&C 5 30.58 32.03 1.5 1.5 2 12.16 5.89 0.00 0.25 TUCKPOINTER ALL BLD 33.16 34.66 1.5 1.5 2 9.40 10.57 0.00 0.79

Legend M-F OT Unless otherwise noted, OT pay is required for any hour greater than 8 worked each day, Mon through Fri. The number listed is the multiple of the base wage. OSA Overtime pay required for every hour worked on Saturdays OSH Overtime pay required for every hour worked on Sundays and Holidays H/W Health/Welfare benefit

Explanations PEORIA COUNTY

The following list is considered as those days for which holiday rates of wages for work performed apply: New Years Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day, Christmas Day and Veterans Day in some classifications/counties. Generally, any of these holidays which fall on a Sunday is celebrated on the following Monday. This then makes work performed on that Monday payable at the appropriate overtime rate for holiday pay. Common practice in a given local may alter certain days of celebration. If in doubt, please check with IDOL.

Oil and chip resealing (O&C) means the application of road oils and liquid asphalt to coat an existing road surface, followed by application of aggregate chips or gravel to coated surface, and subsequent rolling of material to seal the surface.

EXPLANATION OF CLASSES

134 ASBESTOS - GENERAL - removal of asbestos material/mold and hazardous materials from any place in a building, including mechanical systems where those mechanical systems are to be removed. This includes the removal of asbestos materials/mold and hazardous materials from ductwork or pipes in a building when the building is to be demolished at the time or at some close future date.

ASBESTOS - MECHANICAL - removal of asbestos material from mechanical systems, such as pipes, ducts, and boilers, where the mechanical systems are to remain.

CERAMIC TILE FINISHER, MARBLE FINISHER, TERRAZZO FINISHER

Assisting, helping or supporting the tile, marble and terrazzo mechanic by performing their historic and traditional work assignments required to complete the proper installation of the work covered by said crafts. The term "Ceramic" is used for naming the classification only and is in no way a limitation of the product handled. Ceramic takes into consideration most hard tiles.

ELECTRONIC SYSTEMS TECHNICIAN

Installation, service and maintenance of low-voltage systems which utilizes the transmission and/or transference of voice, sound, vision, or digital for commercial, education, security and entertainment purposes for the following: TV monitoring and surveillance, background/foreground music, intercom and telephone interconnect, field programming, inventory control systems, microwave transmission, multi-media, multiplex, radio page, school, intercom and sound burglar alarms and low voltage master clock systems.

Excluded from this classification are energy management systems, life safety systems, supervisory controls and data acquisition systems not intrinsic with the above listed systems, fire alarm systems, nurse call systems and raceways exceeding fifteen feet in length.

LABORER, SKILLED - BUILDING

The skilled laborer building (BLD) classification shall encompass the following types of work, irrespective of the site of the work: cutting & acetylene torch, gunnite nozzlemen, gunnite pump men & pots, kettlemen & carriers of men handling hot stuff, sandblaster nozzle men, sandblasting pump men & pots, setting up and using concrete burning bars, wood block setters, underpinning & shoring of existing buildings, and the unload-ing and handling of all material coated with creosote.

LABORER, SKILLED - HIGHWAY

135 The skilled laborer heavy & highway (HWY) classification shall encompass the following types of work,irrespective of the site of the work: jackhammer & drill operator, gunite pump & pot man, puddlers, vibrator men, wire fabric placer, sandblast pump & pot man, strike off concrete, unloading, handling & carrying of all creosoted piles, ties or timber, concrete burning bars, power wheelbarrows or buggies, asphalt raker, brickset-ters, cutting torchman (electric & acetylene), men setting lines to level forms, form setters, gunite nozzle man & sandblasting nozzle man, power man, and rip-rapping by hand.

TRUCK DRIVER - BUILDING, HEAVY AND HIGHWAY CONSTRUCTION Class 1. Drivers on 2 axle trucks hauling less than 9 ton. Air compressor and welding machines and brooms, including those pulled by separate units, truck driver helpers, warehouse employees, mechanic helpers, greasers and tiremen, pickup trucks when hauling materials, tools, or workers to and from and on-the-job site, and fork lifts up to 6,000 lb. capacity.

Class 2. Two or three axle trucks hauling more than 9 ton but hauling less than 16 ton. A-frame winch trucks, hydrolift trucks, vactor trucks or similar equipment when used for transportation purposes. Fork lifts over 6,000 lb. capacity, winch trucks, four axle combination units, and ticket writers.

Class 3. Two, three or four axle trucks hauling 16 ton or more. Drivers on water pulls, articulated dump trucks, mechanics and working forepersons, and dispatchers. Five axle or more combination units.

Class 4. Low Boy and Oil Distributors.

Class 5. Drivers who require special protective clothing while employed on hazardous waste work.

TRUCK DRIVER - OIL AND CHIP RESEALING ONLY.

This shall encompass laborers, workers and mechanics who drive contractor or subcontractor owned, leased, or hired pickup, dump, service, or oil distributor trucks. The work includes transporting materials and equipment (including but not limited to, oils, aggregate supplies, parts, machinery and tools) to or from the job site; distributing oil or liquid asphalt and aggregate; stock piling material when in connection with the actual oil and chip contract. The Truck Driver (Oil & Chip Resealing) wage classification does not include supplier delivered materials.

OPERATING ENGINEERS - BUILDING

Class 1. Cranes; Overhead Cranes; Gradall; All Cherry Pickers; Mechanics; Central Concrete Mixing Plant Operator; Road Pavers (27E - Dual Drum - Tri Batchers); Blacktop Plant Operators and Plant Engineers; 3 Drum Hoist; Derricks; Hydro Cranes; Shovels; Skimmer Scoops; Koehring Scooper; Drag Lines; Backhoe; Derrick Boats; Pile Drivers and Skid Rigs; Clamshells; Locomotive Cranes; Dredge (all types) Motor Patrol; Power

136 Blades - Dumore - Elevating and similar types; Tower Cranes (Crawler-Mobile) and Stationary; Crane-type Backfiller; Drott Yumbo and similar types considered as Cranes; Caisson Rigs; Dozer; Tournadozer; Work Boats; Ross Carrier; Helicopter; Tournapulls - all and similar types; Scoops (all sizes); Pushcats; Endloaders (all types); Asphalt Surfacing Machine; Slip Form Paver; Rock Crusher; Heavy Equipment Greaser; CMI, CMI Belt Placer, Auto Grade & 3 Track and similar types; Side Booms; Multiple Unit Earth Movers; Creter Crane; Trench Machine; Pump-crete-Belt Crete- Squeeze Cretes-Screw-type Pumps and Gypsum; Bulker & Pump - Operator will clean; Formless Finishing Machine; Flaherty Spreader or similar types; Screed Man on Laydown Machine; Wheel Tractors (industrial or Farm-type w/Dozer-Hoe-Endloader or other attachments); F.W.D. & Similar Types; Vermeer Concrete Saw.

Class 2. Dinkeys; Power Launches; PH One-pass Soil Cement Machine (and similar types); Pugmill with Pump; Backfillers; Euclid Loader; Forklifts; Jeeps w/Ditching Machine or other attachments; Tuneluger; Automatic Cement and Gravel Batching Plants; Mobile Drills (Soil Testing) and similar types; Gurries and Similar Types; (1) and (2) Drum Hoists (Buck Hoist and Similar Types); Chicago Boom; Boring Machine & Pipe Jacking Machine; Hydro Boom; Dewatering System; Straw Blower; Hydro Seeder; Assistant Heavy Equipment Greaser on Spread; Tractors (Track type) without Power Unit pulling Rollers; Rollers on Asphalt -- Brick Macadem; Concrete Breakers; Concrete Spreaders; Mule Pulling Rollers; Center Stripper; Cement Finishing Machines & CMI Texture & Reel Curing Machines; Cement Finishing Machine; Barber Green or similar loaders; Vibro Tamper (All similar types) Self-propelled; Winch or Boom Truck; Mechanical Bull Floats; Mixers over 3 Bag to 27E; Tractor pulling Power Blade or Elevating Grader; Porter Rex Rail; Clary Screed; Truck Type Hoptoe Oilers; Fireman; Spray Machine on Paving; Curb Machines; Truck Crane Oilers; Oil Distributor; Truck-Mounted Saws.

Class 3. Air Compressor; Power Subgrader; Straight Tractor; Trac Air without attachments; Herman Nelson Heater, Dravo, Warner, Silent Glo, and similar types; Roller: Five (5) Ton and under on Earth or Gravel; Form Grader; Crawler Crane & Skid Rig Oilers; Freight Elevators - permanently installed; Pump; Light Plant; Generator; Conveyor (1) or (2) - Operator will clean; Welding Machine; Mixer (3) Bag and Under (Standard Capacity with skip); Bulk Cement Plant; Oiler on Central Concrete Mixing Plant.

OPERATING ENGINEERS - HEAVY AND HIGHWAY CONSTRUCTION

CLASS 1. Cranes; Hydro Cranes; Shovels; Crane Type Backfiller; Tower, Mobile, Crawler, & Stationary Cranes; Derricks; Hoists (3 Drum); Draglines; Drott Yumbo & Similar Types considered as Cranes; 360 Degree Swing Excavator (Shears, Grapples, Movacs, etc.); Back Hoe; Derrick Boats; Pile Driver and Skid Rigs; Clam Shell; Locomotive - Cranes; Road Pavers - Single Drum - Dual Drum - Tri Batcher; Motor Patrols & Power Blades - Dumore - Elevating & Similar Types; Mechanics; Central Concrete Mixing Plant Operator; Asphalt Batch Plant Operators and Plant Engineers; Gradall; Caisson Rigs; Skimmer Scoop - Koering Scooper; Dredges (all types); Hoptoe; All Cherry Pickers; Work Boat; Ross Carrier; Helicopter; Dozer; Tournadozer; Tournapulls - all and similar types; Operation of Concrete and all Recycle Machines; Multiple Unit Earth Movers;

137 Scoops (all sizes); Pushcats; Endloaders (all types); Asphalt Surfacing Machine; Slip Form Paver; Rock Crusher; Operation of Material Crusher, Screening Plants, and Tunnel Boring Machine; Heavy Equipment Greaser (top greaser on spread); CMI, Auto Grade, CMI Belt Placer & 3 Track and Similar Types; Side Booms; Asphalt Heater & Planer Combination (used to plane streets); Wheel Tractors (with Dozer, Hoe or Endloader Attachments); CAT Earthwork Compactors and Similar Types; Blaw Knox Spreader and Similar Types; Trench Machines; Pump Crete - Belt Crete - Squeeze Crete - Screw Type Pumps and Gypsum (operator will clean); Creter Crane; Operation of Concrete Pump Truck; Formless Finishing Machines; Flaherty Spreader or Similar Types; Screed Man on Laydown Machine; Vermeer Concrete Saw; Operation of Laser Screed; Span Saw; Dredge Leverman; Dredge Engineer; Lull or Similar Type; Hydro-Boom Truck; Operation of Guard Rail Machine; and Starting Engineer on Pipeline or Construction (11 or more pieces) including: Air Compressor (Trailer Mounted), All Forced Air Heaters (regardless of Size), Water Pumps (Greater than 4-1/2" or Total Discharge Over 4-1/2"), Light Plants, Generators (Trailer Mounted - Excluding Decontamination Trailer), Welding Machines (Any Size or Mode of Power), Conveyor, Mixer (any size), Stud Welder, Power Pac, etc, and Ground Heater (Trailer Mounted).

CLASS 2. Bulker & Pump; Power Launches; Boring Machine & Pipe Jacking Machine; Dinkeys; Operation of Carts, Powered Haul Unit for a Boring Machine; P & H One Pass Soil Cement Machines and Similar Types; Wheel Tractors (Industry or Farm Type - Other); Back Fillers; Euclid Loader; Fork Lifts; Jeep w/Ditching Machine or Other Attachments; Tunneluger; Automatic Cement & Gravel Batching Plants; Mobile Drills - Soil Testing and Similar Types; Pugmill with Pump; All (1) and (2) Drum Hoists; Dewatering System; Straw Blower; Hydro-Seeder; Bump Grinders (self- propelled); Assistant Heavy Equipment Greaser; Apsco Spreader; Tractors (Track-Type) without Power Units Pulling Rollers; Rollers on Asphalt - Brick or Macadam; Concrete Breakers; Concrete Spreaders; Cement Strippers; Cement Finishing Machines & CMI Texture & Reel Curing Machines; Vibro-Tampers (All Similar Types Self-Propelled); Mechanical Bull Floats; Self-Propelled Concrete Saws; Truck Mounted Power Saws; Operation of Curb Cutters; Mixers - Over Three (3) Bags; Winch and Boom Trucks; Tractor Pulling Power Blade or Elevating Grader; Porter Rex Rail; Clary Screed; Mule Pulling Rollers; Pugmill without Pump; Barber Greene or Similar Loaders; Track Type Tractor w/Power Unit attached (minimum); Fireman; Spray Machine on Paving; Curb Machines; Paved Ditch Machine; Power Broom; Self-Propelled Sweepers; Self-Propelled Conveyors; Power Subgrader; Oil Distributor; Straight Tractor; Truck Crane Oiler; Truck Type Oilers; Directional Boring Machine; Horizontal Directional Drill; Articulating End Dump Vehicles; Starting Engineer on Pipeline or Construction (6 -10 pieces) including: Air Compressor (Trailer Mounted), All Forced Air Heaters (regardless of Size), Water Pumps (Greater than 4-1/2" or Total Discharge Over 4-1/2"), Light Plants, Generators (Trailer Mounted - Excluding Decontamination Trailer), Welding Machines (Any Size or Mode of Power), Conveyor, Mixer (any size), Stud Welder, Power Pac, etc., and Ground Heater (Trailer Mounted).

CLASS 3. Straight Framed Truck Mounted Vac Unit (separately powered); Trac Air Machine (without attachments); Rollers - Five Ton and Under on Earth and Gravel; Form Graders; Bulk Cement Plant; Oilers; and Starting Engineer on Pipeline or Construction (3 - 5 pieces) including: Air Compressor (Trailer Mounted), All Forced Air Heaters (regardless of Size), Water Pumps (Greater than 4-1/2" or Total Discharge Over 4-1/2"),

138 Light Plants, Generators (Trailer Mounted - Excluding Decontamination Trailer), Welding Machines (Any Size or Mode of Power), Conveyor, Mixer (any size), Stud Welder, Power Pac, etc., and Ground Heater (Trailer Mounted).

Other Classifications of Work:

For definitions of classifications not otherwise set out, the Department generally has on file such definitions which are available. If a task to be performed is not subject to one of the classifications of pay set out, the Department will upon being contacted state which neighboring county has such a classification and provide such rate, such rate being deemed to exist by reference in this document. If no neighboring county rate applies to the task, the Department shall undertake a special determination, such special determination being then deemed to have existed under this determination. If a project requires these, or any classification not listed, please contact IDOL at 217-782-1710 for wage rates or clarifications.

LANDSCAPING

Landscaping work falls under the existing classifications for laborer, operating engineer and truck driver. The work performed by landscape plantsman and landscape laborer is covered by the existing classification of laborer. The work performed by landscape operators (regardless of equipment used or its size) is covered by the classifications of operating engineer. The work performed by landscape truck drivers (regardless of size of truck driven) is covered by the classifications of truck driver.

139 TO THE HONORABLE COUNTY BOARD ) ) COUNTY OF PEORIA, ILLINOIS )

Your Infrastructure Committee does hereby recommend the passage of the following Resolution:

RE: PREVAILING WAGES

ORDINANCE

WHEREAS, the Prevailing Wage Act, 820 ILCS 130/1 et seq., requires that the County Board of Peoria County ascertain the prevailing rate of wages as defined in said Act for laborers, mechanics and other workers in the locality of said County contracted in performing construction of public works for said County; and

WHEREAS, said Act allows the Illinois Department of Labor to ascertain the prevailing rate of wages for the County and mandates that any and all revisions of the prevailing rate of wages determined by the Department shall supersede the Department's original determination and apply to any and all public works construction undertaken by the County thereafter.

NOW, THEREFORE BE IT ORDAINED, that to the extent and as required by the Prevailing Wage Act, 820 ILCS 130/1 et seq., the general prevailing rate of wages in this locality for laborers, mechanics and other workers contracted in construction of public works coming under the jurisdiction of the County is hereby ascertained to be the same as the prevailing rate of wages for construction in the Peoria County areas as determined by the Department of Labor of the State of Illinois as of June of the current year or the current revised determination, a copy of that determination being attached hereto and incorporated herein by reference. As required by said Act, any and all revisions of the prevailing rate of wages by the department of Labor of the State of Illinois shall supersede the Department's June determination and apply to any and all public works construction undertaken by the County. The County interprets the prevailing rates for the various fringe benefits paid in addition to wages to be satisfied by payment in wages or benefits of an amount equal to or greater than the aggregate sum of the individual categories promulgated by the Department of Labor. The definition of any terms appearing in this Ordinance which are also used in aforesaid Act shall be the same as in said Act.

BE IT FURTHER ORDAINED, that nothing herein contained shall be construed to apply said general prevailing rate of wages as herein ascertained to any work or employment except public works construction of the County to the extent required by the aforesaid Act.

BE IT FURTHER ORDAINED, that the County Clerk shall publicly post or keep available for inspection by an interested party in the main office of the County this determination or any revisions of such prevailing rate of wage. A copy of this determination or of the current revised determination of prevailing rate of wages then in effect shall be attached to all contract specifications.

BE IT FURTHER ORDAINED, that the County Clerk shall mail a copy of this determination to any association of employers and to any person or association of employees who have filed their names and addresses, requesting copies of any determination stating the particular rates and the particular class of workers whose wages will be affected by such rates.

BE IT FURTHER ORDAINED, that the County Clerk shall cause to be published in a newspaper of general circulation within the area a copy of this Ordinance, and such publication shall constitute notice that the determination is effective and that this is the determination of this public body.

Respectfully submitted,

Infrastructure Committee

140 AGENDA BRIEFING

COMMITTEE: Infrastructure LINE ITEM: 036-2-036-5-514-55105 MEETING DATE: April 23, 2018 AMOUNT: $8,110.00

ISSUE: Resolution for a Joint Agreement with IDOT for the installation of traffic signals at the intersection of US Route 24 and Cameron Lane.

BACKGROUND/DISCUSSION: Due to several accidents at the intersection of US Route 24 and Cameron Lane, the Illinois Department of Transportation will be improving the intersection in the summer of 2018. Improvements include the addition of a left turn lane and installation of traffic signals and highway lighting. Cameron Lane is designated as County Highway R40, and therefore Peoria County is required to pay 2.5% of the traffic signal installation cost. The estimated cost to the County is $6,488. Final cost will be determined by contract unit price plus 15% engineering, but participation will be capped at 125% of the estimated cost, which equals $8,110.00.

COUNTY BOARD GOALS:

INFRASTRUCTURE STEWARDSHIP

STAFF RECOMMENDATION: Approve the Agreement

COMMITTEE ACTION: Approved 4/23/18 (5-0 votes) Mr. Robinson absent

PREPARED BY: Jeffrey D. Gilles DEPARTMENT: Highway DATE: April 9, 2018

141 142 143 144 145 146 147 148 149 150 151 Resolution for Improvement Under the Illinois Highway Code

Resolution Number Resolution Type Section Number Original 18-00028-00-TL

BE IT RESOLVED, by the Board of the County Governing Body Type Local Public Agency Type of Peoria Illinois that the following described street(s)/road(s)/structure be improved under Name of Local Public Agency the Illinois Highway Code. Work shall be done by Contract Contract or Day Labor For Roadway/Street improvements: Name of Street(s)/Road(s) Length (miles) Route From To + Cameron Lane C.H. R40 For Structures: Existing Name of Street(s)/Road(s) Route Location Feature Crossed Structure No. + BE IT FURTHER RESOLVED, 1. That the proposed improvement shall consist of Installation of traffic signals at the intersection of US Route 24 and Cameron Lane.

2. That there is hereby appropriated the sum of eight thousand one hundred ten and 00/100******************************* ********************************************************************* Dollars ( $8,110.00 ) for the improvement of said section from the Local Public Agency's allotment of Motor Fuel Tax funds. BE IT FURTHER RESOLVED, that the Clerk is hereby directed to transmit four (4) certified originals of this resolution to the district office of the Department of Transportation.

I, Steve Sonnemaker County Clerk in and for said County Name of Clerk Local Public Agency Type Local Public Agency Type of Peoria in the State aforesaid, and keeper of the records and files thereof, as provided by Name of Local Public Agency statute, do hereby certify the foregoing to be a true, perfect and complete original of a resolution adopted by Board of Peoria at a meeting held on Governing Body Type Name of Local Public Agency Date IN TESTIMONY WHEREOF, I have hereunto set my hand and seal this day of Day Month, Year

(SEAL) Clerk Signature

Approved Regional Engineer Department of Transportation Date

Printed 04/18/18 BLR 09110 (Rev. 03/13/17) 152 Instructions for BLR 09110

This form shall be used when a Local Public Agency (LPA) wants to construction an improvement using Motor Fuel Tax(MFT) funds. Refer to Chapter 9 of the Bureau of Local Roads and Streets Manual (BLRS Manual) for more detailed information. For signature requirements refer to Chapter 2, Section 3.05(b) of the BLRS Manual.

When filling out this form electronically, once a field is initially completed, fields requiring the same information will be auto-populated.

Resolution Number Enter the resolution number as assigned by the LPA, if applicable.

Resolution Type From the drop down box choose the type of resolution: - Original would be used when passing a resolution for the first time for this project. - Supplemental would be used when passing a resolution increasing appropriation above previously passed resolutions. - Amended would be used when a previously passed resolution is being amended.

Section Number Insert the section number of the improvement the resolution covers. Governing Body Type From the drop down box choose the type of administrative body. Choose Board for County; Council for a City or Town; President and Board of Trustees for a Village or Town.

LPA Type From the drop down box choose the LPA body type. Types to choose from are: County, City, Town or Village.

Name of LPA Insert the name of the LPA. Contract or Day Labor From the drop down choose either Contract or Day Labor.

Roadway/Street Improvements: Name Street/Road Insert the name of the Street/Road to be improved. Use a separate line for each street/road. If there are more names to be inserted than the table allows, type "See Attached" and place the additional information on a separate piece of paper. Length Insert the length of this segment of roadway being improved in miles.

Route Insert the Route number of the road/street to be improved if applicable.

From Insert the beginning point of the improvement as it relates to the Street/Road listed to the left. To Insert the ending point of the improvement as it relates to the Street/Road listed to the left.

Structures: Name Street/Road Insert the name of the Street/Road on which the structure is located. Use a separate line for structure. If there are more structures to be inserted than the table allows, type "See Attached" and place the additional information on a separate piece of paper.

Existing Structure No. Insert the existing structure number this resolution covers, if no current structure insert n/a.

Route Insert the Route number on which the structure is located.

Location Insert the location of the structure.

Feature Crossed Insert the feature the structure crosses.

1 Insert a description of the major items of work of the proposed improvement.

2 Insert the dollar value of the resolution for the proposed improvement to be paid for with MFT funds in words followed by in the same amount in numerical format in the ().

Name of Clerk Insert the name of the LPA clerk.

LPA Type Insert the type of clerk based on the LPA type. Types to choose from are:County,City, Town or Village. Name of LPA Insert the name of the LPA.

Governing Body Type Insert the type of administrative body. Choose Board for County; Council for a City or Town; President and Board of Trustees for a Village or Town.

Name of LPA Insert the name of the LPA. Date Insert the date of the meeting.

Printed 04/18/18 BLR 09110 (Rev. 03/13/17) 153 Day Insert the day Clerk is signing the document. Month, Year Insert the month and year of the clerk's signature. Seal The Clerk shall seal the document here. Clerk Signature Clerk shall sign here. Approved The Department of Transportation shall sign and date here once approved. A minimum of four (4) certified signed originals must be submitted to the Regional Engineer's District office. Following the Regional Engineer's approval, distribution will be as follows: Local Public Agency Clerk Engineer (Municipal, Consultant or County) District Compliance Review District File

Printed 04/18/18 BLR 09110 (Rev. 03/13/17) 154 TO THE HONORABLE COUNTY BOARD ) ) COUNTY OF PEORIA, ILLINOIS )

Your Infrastructure Committee does hereby recommend the passage of the following Resolution:

Joint Agreement with the State of Illinois for the construction of traffic signals at the U.S. Route 24 intersection with Cameron Lane

RESOLUTION

WHEREAS, the intersection of U.S. Route 24 and Cameron Lane (C.H. R40), hereby designated as Section Number 18-00028-00-TL, is scheduled for reconstruction by the Illinois Department of Transportation; and

WHEREAS, Peoria County is responsible for two and one-half percent (2.5%) of the cost of the construction of the proposed traffic signals.

NOW, THEREFORE BE IT RESOLVED, that the County of Peoria enter into a Joint Agreement with the Illinois Department of Transportation for the purpose of the reconstruction of the intersection of U.S. Route 24 and Cameron Lane (C.H. R40); and

BE IT FURTHER RESOLVED, that the County Administrator be authorized to sign the Joint Agreement; and

BE IT FURTHER RESOLVED, that the sum of $8,110.00 is appropriated from the County Motor Fuel Tax Fund for construction costs for Section Number 18-00028-00-TL; and

BE IT FURTHER RESOLVED, that the County Treasurer is authorized to issue checks from the County Motor Fuel Tax Fund in payment of estimates for the construction.

Respectfully submitted, Infrastructure Committee

155 PEORIA COUNTY BOARD APPOINTMENTS May 10, 2018

*Subject to Change*

Board of Review & Assessments (Length of Term: 2 years) Rick Salisbury 6018 N. Hamilton Rd. Peoria, IL 61614 Expiring: 5/31/2020

Hanna City Sanitary District (Length of Term: 3 years) Patricia Haller

416 N. Main St. Hanna City, IL 61536-0156 Expiring: 4/30/2021

Limestone Walters Public Water District (Length of Term: 5 years) Rudy Lewis 8107 W. Smithville Road Peoria, IL 61607 Expiring: 4/30/2023

Sheriff’s Merit Commission (Length of Term: 6 years) Daniel Kerns 1108 W. Moss Peoria, IL 61606 Expiring: 5/31/2024

156 PEORIA COUNTY BOARD APPOINTMENTS June 14, 2018

*Subject to Change*

Board of Health (Length of Term: 3 years) Francesca Armmer 808 E. Corrington Avenue Peoria IL 61603 Expiring: 6/30/2018

Kathy Simpson 13322 Feucht Rd. Dunlap IL 61525 Expiring: 6/30/2018

Samuel Duren 6421 N. Oakbrook Ct. Peoria IL 61614 Expiring: 6/30/2018

Scott Anderson 2920 Iron Cross Drive Peoria IL 61615 Expiring: 6/30/2018

Stephen Hippler OSF Healthcare System Peoria IL 61603 Expiring: 6/30/2018

Care and Treatment Board (Length of Term: 3 years) Alyssa Herman 4203 S. Lake Camelot Dr. Mapleton IL 61547 Expiring: 6/30/2018

Shannon Moberg 9318 N. Frye Road Peoria IL 61615 Expiring: 6/30/2018

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Maple Ridge Cemetery Association (Length of Term: 6 years) Ann Oedewaldt 5108 S. Dietrich Lane Bartonville IL 61607 Expiring: 6/30/2018

Clayton Bontz 4702 S Harkers Corner Rd Mapleton IL 61547-9741 Expiring: 6/30/2018

David Sharp 9108 S. Powell Road Bartonville IL 61607 Expiring: 6/30/2018

Herbert Brady 8817 W Mapleridge Rd Mapleton IL 61547-9704 Expiring: 6/30/2018

Richard Ringwald 7820 W. Tapping Rd. Mapleton IL 61547 Expiring: 6/30/2018

Peoria County Plat Officers (Length of Term: 2 years) Kathi Urban 324 Main Street, Room 301 Peoria IL 61602-2332 Expiring: 6/1/2018

Springdale Cemetery Committee (Length of Term: 4 years) Becky Doubleday 5934 N. Elm Lane Peoria IL 61614 Expiring: 6/30/2018

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AGENDA BRIEFING

COMMITTEE: Land Use LINE ITEM: N/A MEETING DATE: April 23, 2018 AMOUNT: N/A

ISSUE: ZBA Case #013-18-U. A Special Use as required in 20-5.11.2.2.m of the Unified Development Ordinance. This section allows for a special use in the “I-2” Heavy Industrial zoning district for a Solar Energy Generation Facility, provided that the conditions in Section 7.17 (“Ground Mounted Solar Energy Equipment”), of these regulations are met.

BACKGROUND/DISCUSSION: This case is in District #1, which is county board member Sharon Williams’ district. The petitioner, Peoria Solar, LLC, requests a special use for a Solar Energy Generation Facility. The subject parcel is located at the NE corner of Maxwell Road and New Farmington Road in the NW 1/4 of Section 10, Limestone Township. There are 0 consents and 0 objections on file. The parcel’s current use is agriculture. Adjacent uses are commercial to the east, agricultural to the south and west, and residential to the north. The proposed solar panels will be setback 75 feet to the closest principal residential dwelling, the minimum distance required by the Unified Development Ordinance. The parcel is zoned “I-2” Heavy Industrial. Surrounding zoning is “I-2” to the south and west and R-2” Medium Density Residential to the north. The parcel is east of the Village of Bellevue. The proposed use is designed for minimal impact on the surrounding area. The use does not create odor or dust. According to the petitioner, noise from the equipment when measured 3 feet away is comparable to a normal conversation. The tallest equipment is the solar panels which would not exceed 10 feet. According to the petitioner, the solar panels will be designed with an anti-reflective coating to reduce glare. For safety and security, the facility will be secured by a 7 foot tall, perimeter fence. Section 20-5.11.2.2.m of the Unified Development Ordinance (UDO) allows for a special use for a Solar Energy Generation Facility in the “I-2” Heavy Industrial zoning district, provided that the conditions in Section 20-7.17 (“Ground Mounted Solar Energy Equipment”) are met. The request meets all requirements for special use application as specified in Section 20-7.17. Variance case #014-18-U granted the petitioner a variance from the required 50 foot road setback from the southerly right-of-way. The proposed use would be setback 20 feet from the road right-of-way. All other setbacks meet the standards of the ordinance. If granted, the use is required to obtain building permits and a stormwater and erosion control permit prior to construction. Pursuant to Section 20-7.17.5 (“Decommissioning Plan”), the applicant must maintain a decommissioning plan with financial security in order to obtain a building permit. The LESA score is 150.8 out of 300, which is a low rating for agriculture protection. The EcoCAT consultation by IDNR found a federally threatened bat species may be in the vicinity of the project. To avoid impact, IDNR recommends tree clearing be minimized when possible and trees not be felled from April 1st through October 14th. The petitioner intends to follow the recommendations of IDNR. Because the use does not require water, the soils will not be impacted by the need for a well or private wastewater disposal system. There are no comments from the Health Department. The site is at the northeast corner of Maxwell Road and New Farmington Road, both state roads. Cherry Lane, a township road, dead ends at the northern property line of the subject parcel. Proposed access is off Maxwell Road via an improved drive which will include an off-road maintenance staging area. According to the petition, the construction phase is three to four months. During that time, material will be delivered via trucks within the road weight limit. Once constructed, trips are limited to a few maintenance trips per year. The project is in the protected corridor for IL Route 336, highway from Peoria to Macomb. IDOT can agree to the proposed use provided three conditions are met. The three conditions are listed as recommended restrictions numbers 3-5. The applicant provided a letter of no objection from the Limestone Township Road Commissioner. The Limestone Township Planning Commission recommended approval. The Peoria County Future Land Use Form Map designates this area as Interchange. The primary uses in this land use form are general commercial and light industrial. Interim agricultural use is encouraged until more intense economic uses are proposed. The proposed use is consistent with the land use form because it will allow for a higher use of the property until the construction of this section of IL Route 336 begins. The use is consistent with the County Land Use Plan Environmental Stewardship principle that private entities use environmentally-friendly technology. The use is supported by the Peoria County Growth Strategy to generate economic opportunity and stability.

COUNTY BOARD GOALS: HEALTHY VIBRANT COMMUNITIES

STAFF RECOMMENDATION: Approval with the following restrictions: 1. All transformers must be located at least 150 feet from the nearest existing residentially used property to mitigate the noise heard on adjacent residential properties. 2. Required permits, including building permit, electrical permit, fence permit, and stormwater and erosion control permit must be obtained from the Peoria County Department of Planning and Zoning prior to construction. 3. The applicant, on behalf of Peoria County, the landowner, must obtain an approved highway access permit. 4. There must be a letter of understanding between Peoria County and IDOT that states IDOT will not incur costs due to the removal and/or relocation of the solar equipment when construction of that section of IL Route 336 proceeds. 5. The applicant must obtain any other applicable permits from IDOT, such as an IDOT utility permit.

159 6. The Solar Energy Generation Facility shall be required to have a decommissioning plan that meets the requirements of Section 20-7.17.5 (“Decommissioning Plan”) of the Unified Development Ordinance. Said plan shall be submitted and approved prior to the issuance of the building permit. Financial security must remain valid through the life of the project. Through the life of the project, the owner of the Solar Energy Generation Facility must provide the Zoning Administrator an updated decommissioning plan, including updated estimated costs and updated financial security every four years. 7. Except during a valid permit period or scheduled maintenance, which may or may not require a permit, the special use does not include the outdoor storage of equipment or materials. ZBA RECOMMENDATION: Approval with restrictions (6-0) COMMITTEE ACTION: Approved with restrictions (7-0) (Mr. Elsasser voted via teleconference.) (Mr. Harding & Mr. Robinson were absent.) PREPARED BY: Kerilyn Gallagher, Planner II DEPARTMENT: Planning & Zoning DATE: April 13, 2018

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REPORT TO THE ZONING BOARD OF APPEALS FOR THE APRIL 11, 2018 PUBLIC HEARING DATE: April 3, 2018 CASE/PETITIONER: 013-18-U / Peoria Solar, LLC / P.O. Box 310, Highland Park, IL 60035 (owner, Peoria County, 324 Main Street Room 502)

REQUEST: A Special Use request from 20-5.11.2.2.m of the Unified Development Ordinance. This section allows for a special use in the “I-2” Heavy Industrial zoning district for a Solar Energy Generation Facility, provided that the conditions in Section 7.17 (“Ground Mounted Solar Energy Equipment”), of these regulations are met.

LOCATION: NW 1/4, Section 10, Limestone Twp. Parcel ID# 17-10-100-010

LAND USE FORM: Interchange CURRENT ZONING: “I-2” Heavy Industrial PRESENT USE: Agriculture SIZE OF SITE: 15.35 acres

SURROUNDING ZONING: North: “R-2” Medium Density Residential South and West: “I-2” Heavy Industrial East: Village of Bellevue

SURROUNDING LAND USES: North: Residential South and West: Agricultural East: Commercial

PUBLIC SERVICES: Fire: Limestone Water: None required Schools: Limestone #310 Sewer: None required

TRANSPORTATION: Maxwell Road and New Farmington Road, state highways Cherry Lane, township road

PERTINENT ZONING CASES ON SITE: #014-18-V

PERTINENT ZONING CASES IN SURROUNDING AREA: #015-18-U

PLANNING AND ZONING DEPARTMENT RECOMMENDATION: APPROVAL WITH RESTRICTIONS

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CASE ANALYSIS

REQUEST AND LOCATION: The petitioner, Peoria Solar, LLC, requests a special use for a Solar Energy Generation Facility in the "I-2" Heavy Industrial zoning district. The applicant proposes to develop a 2 megawatt (MW) Solar Energy Generation Facility. The use consists of rows of photovoltaic cell panels mounted on posts set in the ground, perimeter fence, and associated electrical equipment to collect, convert and transfer the electricity to the main grid. The panels will be in rows arranged north to south, spaced 19 feet apart and will rotate east to west to track the sun. The solar panels will be designed with an anti-reflective coating to reduce glare. According to the site plan, the project area (the area within the perimeter fence) is 14.42 acres. According to the petition, the system will generate enough electricity to power approximately 300 to 400 single-family homes. The electricity is transferred to the utility provider, Ameren Illinois. Ameren customers will then have the opportunity to subscribe to electricity sourced from solar energy. The cost of electricity and any savings to the customer is not yet determined. The expected project life is at least 25 years.

PERTINENT ZONING CASES ONSITE: Variance case #014-18-V was filed concurrently with this special use request. The applicant proposes to construct the Solar Energy Generation Facility at a distance of 20 feet from the southerly right-of-way, resulting in a variance request of 30 feet. According to the application, there would be approximately 100 feet between the solar equipment and the edge of the road. According to the petitioner, due to the size and shape of the parcel, without the front setback variance, the petitioner would not be able to develop the proposed use.

PERTINENT ZONING CASES IN SURROUNDING AREA: Special Use case #015-18-U, filed by Peoria Solar 2, LLC, is a request to develop a 1.25 MW Solar Energy Generation Facility in the “I-2” Heavy Industrial zoning district. The request from Peoria Solar 2, LLC is for the parcel to the south of the subject parcel. The developer for case #015-18-U and the subject case are the same.

SURROUNDING ZONING AND LAND USE: The subject parcel is located at the northeast corner of Maxwell Road and New Farmington Road. New Farmington Road continues east to I-474. The land use is currently cropland. The parcel is part of the protected corridor for the Illinois Route 336, highway from Peoria to Macomb. When the 336 corridor is ready for construction, the proposed use would need to be removed. The general area is a mix of land use types. The immediately adjacent uses are residential to the north, commercial rental storage to the east, and agricultural to the south and west. Wildwood Heights subdivision is directly north. Four residential properties in this subdivision share parcel boundaries with the subject parcel. The proposed solar equipment will be setback 75 feet to the closest principal residential dwelling. The 75 foot setback is the minimum distance required by Section 7.17.3.1.c of the Unified Development Ordinance. The parcel is zoned “I-2” Heavy Industrial. Surrounding zoning is “R-2” Medium Density Residential to the north and “I-2” to the south and west. The parcel to the east is in the Village of Bellevue. The proposed use is designed for minimal impact on the surrounding area. The use does not create dust or odors. The facility’s inverters and transformers create noise when operating during the day but not at night. According to the petitioner, at three feet away from the equipment, the loudest sound would be less than 58 decibels, which is similar to the volume of a normal conversation. As such, the petitioner does not expect the sound to be audible beyond the fence line. In addition, the site plan indicates the transformer will be installed in the southwest quadrant of the site. This distances the transformer, a source of sound, from residential uses. The proposed use provides a buffer between the residential uses and the noise and exhaust from the state highway to the south. The proposed use is less intense than existing uses in the Peoria County Business Park which has access from Maxwell Road 0.25 miles south of the subject parcel. The Peoria County Business Park is zoned “I-2”. Uses in this subdivision include metal working, cabinet and counter top fabrication with showroom, and landscaping contractor’s office.

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Solar Energy Generation Facility is a facility consisting of ground mounted solar collectors and supplementary solar energy equipment used to produce electric power and is either the stand alone use or one of the principal uses for the parcel of land on which it is located. In a Solar Energy Generation Facility, the electric power may be used onsite, but its primary purpose is to generate electric power for offsite utility bill credit, subscription sale, retail sale, or wholesale. The petitioner proposes a principal use of ground mounted solar collectors to generate electric power for subscription sale.

Section 7.17.3 (“Standards for a Solar Energy Generation Facility”) parts 1-3 addresses the standards for the setbacks, height, and special use permit for a Solar Energy Generation Facility. The applicant addresses these standards as summarized here: ° Setbacks – the project must meet road and side setbacks in the “I-2” zoning district. The road setback from both state highways is 50 feet from the right of way. The road setback from Cherry Lane, a local road is 30 feet from the right of way. The required side setback is 20 feet to the east and 40 feet to the north. The minimum distance to a principal residential dwelling shall be 75 feet. The applicant concurrently filed variance case #014-18-V to request a 20 feet road setback from the southerly right-of- way, resulting in a variance request of 30 feet. The site plan indicates all other setbacks are met. ° Height – the maximum height in the “I-2” zoning district is 36 feet. The tallest equipment is the solar panels. The site plan indicates the height of the panels varies from 6 feet at a zero degree tilt to a maximum 8.77 feet at a 60 degree tilt. According to the petitioner, the maximum height of the panels depends on the exact type of panel installed but would not exceed 10 feet. ° Design and installation - the ordinance requires the use is designed to minimize glare or reflection. According to the petition, glare or reflection are minimized because the solar panels are designed with anti-reflective coating and will track the sun east to west. ° Lighting – the ordinance requires lighting be limited to security and safety purposes only. According to the petition, the facility will not have any lighting. ° Security Fencing – the ordinance requires a secured perimeter fence 6 to 8 feet in height. According to the petition, the facility will have a 7 foot high gated chain link perimeter fence. The petition indicates the fence will include a lock box at the entrance. ° Warning signage – the ordinance requires “High Voltage” signs on the perimeter fence, at a maximum of 300 feet apart and a sign at all entrances containing the facility’s 911 address and 24-hour emergency contact. According to the site plan, there is one entrance to the site. The petitioner states it will comply with the signage requirements of this ordinance. ° Utility connection – the ordinance requires proof of application for interconnection from the electric utility company. The applicant provided Ameren’s initial interconnection report. The report identified the Harmon Substation, on Hillsdale Avenue, as the likely substation to serve the proposed point of interconnection. Hillsdale Avenue is approximately 2 miles east. Ameren must still review the full interconnection which will be completed prior to attaining the building permit. ° Fire safety - the applicant provided the required letter of approval from the Limestone Township Fire Protection District. The fire chief finds no cause for objection to the request. ° Road approval - the applicant provided the required road jurisdiction letter from the Illinois Department of Transportation (IDOT). IDOT can agree to the proposed use of the property provided three conditions be met prior to construction. The applicant must attain a highway access permit. There must be a letter of understanding between Peoria County and IDOT that states IDOT will not incur costs due to the removal and/or relocation of the solar equipment. Third, the applicant must obtain any other applicable permit from IDOT. The comments from IDOT are addressed further in the Transportation Impacts section of this report. ° Endangered species – the applicant provided the required EcoCAT consultation from the Illinois Department of Natural Resources, which is addressed in the Environmental Impacts section of this report. ° Other regulations – the ordinance states it is the responsibility of the applicant to attain any required approval from the FAA or other applicable federal or state authorities. The applicant submitted a letter from the Metropolitan Airport Authority of Peoria. The Director of Airports suggests the applicant apply

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to the FAA for an airspace analysis. Given the design and location of the project, the director does not require the analysis and does not anticipate negative findings. The director indicated he would work with the applicant to submit the request to the FAA. Because this analysis is not required, the applicant met this submittal requirement for a special use application.

Section 7.17 also includes requirements for the applicant to attain required building, stormwater and erosion control permits, to comply with maintenance expectations, and to provide a decommissioning plan with financial security. If the special use is granted, these items will be expected of the applicant prior to any construction.

A LESA was conducted on the parcel. The site scored 94 out of 100 for the agland evaluation, and 56.8 out of 200 for the site assessment component of the LESA. The overall LESA score was 150.8 out of 300, which is a low rating for agriculture protection. During the life of the project, the ground will not be in agricultural production; however, the use is designed to minimize impact on soils. Pursuant to Section 20-7.17.5 (“Decommissioning Plan”), at the end of the project life or facility abandonment, the use must be removed. The applicant must maintain a decommissioning plan with financial security. The plan must state how the facility will be decommissioned including restoring the land to a condition reasonably similar to its condition before the development of the Solar Energy Generation Facility, including replacement of top soil. The decommissioning plan with financial security is required for a building permit.

ENVIRONMENTAL IMPACTS: The proposed use was reviewed by the Illinois Department of Natural Resources with regard to the presence of endangered species, and archeological and/or historical resources. An EcoCAT (Ecological Compliance Assessment Tool) report was conducted on the subject property. According to the report, the Illinois Natural Heritage Database shows the Northern Long-Eared Myotis, a federally threatened bat species, may be in the vicinity of the project location. To avoid impact on the species, IDNR recommends tree clearing be minimized when possible and trees not be felled from April 1st through October 14th. With this practice, IDNR determined impacts are unlikely. The consultation found no other record of state-listed threatened or endangered species, Illinois Natural Inventory sites, dedicated Illinois Nature Preserves, or registered Land and Water Reserves in the vicinity of the project location. According to the petition, the applicant will abide by the recommendation from IDNR. The proposed use will not consume water or create wastewater. The soils will not be impacted by the need for a well or private wastewater disposal system. There are no comments from the Health Department on this request.

TRANSPORTATION IMPACTS: The subject parcel is located at the northeast corner of Maxwell Road and New Farmington Road, both state roads. Cherry Lane, a township road, dead ends at the northern property line of the subject parcel. The proposed access is off Maxwell Road via an improved drive which will include an off-road maintenance staging area. According to the IDOT traffic map there are approximately 4,750 vehicle trips in a 24- hour period along this portion of Maxwell Road and 8,600 vehicle trips along New Farmington Road. According to IDOT, the gross truck weight limit is 80,000 pounds on these two roads. The greatest traffic impact will be during the three to four month construction phase. According to the petition, during that time, material will be delivered using trucks no larger than a typical 18-wheeler and within the road weight limit. Post-construction, the traffic impact will be minimal. The site is unmanned and monitored remotely. The use requires maintenance trips only scheduled a few times per year. The project location is in the protected corridor for IL Route 336, highway from Peoria to Macomb. IDOT provided letter of agreement to the proposed use provided three conditions be met prior to construction. One, the applicant, on behalf of Peoria County, the landowner, must obtain an approved highway access permit. Two, there must be a letter of understanding between Peoria County and IDOT that states IDOT will not incur costs due to the removal and/or relocation of the solar equipment when construction of that section of IL Route 336 proceeds. Third, the applicant must obtain any other applicable permits from IDOT, such as an IDOT utility permit. The applicant provided a letter of no objection from the Limestone Township Road Commissioner.

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LAND USE FORM: The Peoria County Future Land Use Form Map designates this area as Interchange. The primary uses in this land use form are general commercial and light industrial. Interim agricultural use is encouraged until more intense economic uses are proposed. The proposed use is consistent with the land use form. The proposed use will allow for a higher use of the property until the construction of this section of IL Route 336 begins. Other commercial or industrial uses may not be allowed at the subject location because it is protected in the IL Route 336 corridor. The use is consistent with the County Land Use Plan Environmental Stewardship principle that private entities use environmentally-friendly technology. The use is supported by the Peoria County Growth Strategy to generate economic opportunity and stability. The use creates revenue for Peoria County, will create economic activity, especially during construction period, and provides opportunity for residents and businesses to support environmentally-friendly technology. The Limestone Township Planning Commission recommended approval.

CONCLUSIONS

CONSISTENCY WITH ADOPTED COUNTY PLAN: The special use request is for a Solar Energy Generation facility. The Peoria County Future Land Use Form Map designates this area as Interchange. The request is consistent with the land use form. The request will allow for a higher use of the property until this section of IL Route 336 construction begins. The request is consistent with the Peoria County Land Use Plan Environmental Stewardship principle that private entities utilize environmentally-friendly technology. The use is supported by the Peoria County Growth Strategy to generate economic opportunity and stability.

CONSISTENCY WITH COMMUNITY CHARACTER: The surrounding area is a mix of land uses. Residential uses are adjacent to the north, commercial to the east, and agricultural to the south and west. Approximately 0.25 miles south is the Peoria County Business Park. Businesses in this subdivision include metal working, cabinet and counter top fabrication with showroom, and landscaping contractor’s office. When compared to these uses, the proposed use is less intense. The proposed use is designed to minimize conflict with other uses. It does not create dust or odors and requires limited vehicle trips over the life of the project.

MINIMIZING ADVERSE EFFECTS: The request is designed for low impact on adjacent properties. The tallest equipment would be the solar panels which rotate to track the sun. During the rotation, the maximum height would not exceed 10 feet, similar to the height of corn crop. The solar panels will be designed with an anti- reflective coating to reduce glare. For safety and security, the facility will be secured by a 7 foot tall, perimeter fence. The use does not produce odor or dust, and the noise level is expected to be inaudible beyond the fence line. The use is designed for minimal impact on the soils. The use does not require private wastewater disposal system and will have a vegetative ground cover. The applicant will need to provide a decommissioning plan and financial security with the building permit application. The impact to the transportation system is limited. The construction phase does not require vehicles over the road weight limits. Once constructed, vehicle trips to the site are limited to a few maintenance trips each year.

PRESENCE OF NATURAL/HISTORICAL RESOURCES: The petitioner consulted the Illinois Department of Natural Resources. The consultation identified the potential presence of a federally threatened bat species, the Northern Long-Eared Myotis. IDNR recommends minimizing tree clearing when possible and that trees not be felled from April 1st through October 14th. With this practice, IDNR expects the use will not impact the bat species. According to the petition, the applicant will abide by the recommendation from IDNR.

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Administrator every four years. The applicant also recognizes, after construction, an installation certificate from an Illinois licensed professional engineer must be submitted before a certificate of use can be issued. The applicant must attain appropriate permits from the Illinois Department of Transportation prior to construction.

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RECOMMENDATION

Based on the above information, the Department recommends approval with the following restrictions:

1. All transformers must be located at least 150 feet from the nearest existing residentially used property to mitigate the noise heard on adjacent residential properties. 2. Required permits, including building permit, electrical permit, fence permit, and stormwater and erosion control permit must be obtained from the Peoria County Department of Planning and Zoning prior to construction. 3. The applicant, on behalf of Peoria County, the landowner, must obtain an approved highway access permit. 4. There must be a letter of understanding between Peoria County and IDOT that states IDOT will not incur costs due to the removal and/or relocation of the solar equipment when construction of that section of IL Route 336 proceeds. 5. The applicant must obtain any other applicable permits from IDOT, such as an IDOT utility permit. 6. The Solar Energy Generation Facility shall be required to have a decommissioning plan that meets the requirements of Section 20-7.17.5 (“Decommissioning Plan”) of the Unified Development Ordinance. Said plan shall be submitted and approved prior to the issuance of the building permit. Financial security must remain valid through the life of the project. Through the life of the project, the owner of the Solar Energy Generation Facility must provide the Zoning Administrator an updated decommissioning plan, including updated estimated costs and updated financial security every four years. 7. Except during a valid permit period or scheduled maintenance, which may or may not require a permit, the special use does not include the outdoor storage of equipment or materials.

Respectfully submitted,

Kerilyn Gallagher Kathi Urban Planner II Director

168 MINUTES OF THE DELIBERATION OF THE PEORIA COUNTY ZONING BOARD OF APPEALS

A meeting of the Peoria County Zoning Board of Appeals was held on Wednesday, April 11, 2018, in Room 403 of the Peoria County Courthouse, 324 Main Street, Peoria, Illinois. The meeting was called to order by Chairperson Loren Bailliez at 9:00 a.m.

PRESENT: Loren Bailliez, Greg Fletcher, Linda O’Brien, Greg Happ, Leonard Unes, John Harms

ABSENT: Justin Brown, Andrew Keyt, Jim Bateman

STAFF: Kathi Urban – Director Kerilyn Gallagher – Planner II Alex Kurth – Civil Assistant State’s Attorney Ellen Hanks - ZBA Administrative Assistant

Case No. 013-18-U at 9:00 a.m. Hearing to be held in room 403, of the Peoria County Courthouse, Peoria, Illinois. Petition of PEORIA SOLAR, LLC (A business – Jon Carson, sole officer, P.O. Box 310, Highland Park, IL 60035), acting on behalf of PEORIA COUNTY (owner), a SPECIAL USE request from 20-5.11.2.2.m of the Unified Development Ordinance. This section allows for a special use in the “I-2” Heavy Industrial Zoning District for a Solar Energy Generation Facility, provided that the conditions in Section 7.17 (“Ground Mounted Solar Energy Equipment”), of these regulations are met.

FINDINGS OF FACT FOR SPECIAL USES Section 20-3.5.4 When considering an application for a special use permit, the decision making body shall consider the extent to which:

1. That the special use will be consistent with the purposes, goals, objectives, and standards of any officially adopted County plan and these regulations, or if not consistent, the factors which justify deviation; • The petitioner, Peoria Solar, LLC, requests a Special use for a Solar Energy Generation Facility in the I-2 “Heavy Industrial” zoning district. The applicant proposes to build a 2- megawatt solar energy generation facility. The solar project is consistent with the Peoria County Comprehensive Land Use Plan of 2009, as well as a recent amendment to the zoning ordinance adopted by the county to specifically encourage and regulate the installation of solar projects. The use consists of rows of photovoltaic cell panels mounted on posts set in the ground, a perimeter fence, and associated electric equipment designed to collect, convert, and transfer the electricity to the main grid, which can power approximately 300-400 single family homes. The solar project will provide local clean energy while minimizing impact on the landscape and preserving long term use of the parcel. In addition, the solar project is in keeping with the planned emphasis of economic development and capitalizing on new sources of energy. As set forward in this application, the solar project will conform to the requirements of the zoning ordinance.

169 2. That the special use will be consistent with the community character of the immediate vicinity of the parcel proposed for development, or if not consistent, the factors which justify the inconsistency: • The zoning ordinance anticipates that the Solar Energy Generation Facility will be appropriately located in the I-2 zoning district. The property is located at the Northeast corner of the intersection of New Farmington Road and Maxwell Road. New Farmington Road continues east to I-474. It is a location north of commercial development and south of a residential area.

3. That the design of the of the proposed use will minimize adverse effects, including visual impacts on adjacent properties, except for land splits in the A-2 District and individual mobile homes; • The solar project will be designed to integrate into the existing use of adjacent parcels. The solar project will be enclosed by a 7 foot fence setback from the property line and the solar panels and electrical equipment will be setback further from the property lines as described in question #1. At their maximum height, the solar panels will be under 10 feet tall, thus a solar project will be no more visibly intrusive than a single story building and lower in height than a mature corn crop. The applicant will work with the county to ensure that the project includes necessary design features to minimize adverse effects.

4. That the development has been reviewed and approved by the Illinois Department of Natural Resources with regard to the presence of endangered species, and archaeological and/or historical resources, if applicable; and • IDNR was consulted and has reviewed the proposed location. IDNR has identified a Northern Long-eared federally threated bat species may be in the vicinity and recommends tree clearing to be minimized when possible and not to be fell trees on the site during April – October 14.

5. That the proposed use will comply with all additional standards imposed on it by the particular provision of these regulations authorizing such use and by all other applicable requirements of the ordinances of the County. • The site plan meets all requirements of the solar energy generation facility requirements as set forth in the Unified Development Ordinance. If this request is granted, the petitioner understands that electrical and fence permits are required. The applicant must also meet the stormwater and erosion control requirements as set forth in the Unified Development Ordinance. Part of the requirements of the building permit include submittal of a decommissioning plan with financial security, in accordance with Section 20-7.17.5, to be renewed with the zoning administrator every 5 years. The applicant also recognizes that after construction, the installation certificate from an Illinois Licensed Professional Engineer must be submitted before a certificate of use can be issued. The applicant must obtain appropriate permits from IDOT prior to construction.

A motion to approve the Findings of Fact was made by Mr. Fletcher and seconded by Ms. O’Brien. Six affirmative votes; (6-0). A motion to approve the Special Use with restrictions was made by Ms. O’Brien and seconded by Mr. Harms. A vote was taken and the motion was approved; (6-0).

Meeting adjourned 1:21 p.m.

Respectfully submitted,

170 Ellen Hanks ZBA Administrative Assistant

171 TO THE HONORABLE COUNTY BOARD ) ) COUNTY OF PEORIA, ILLINOIS )

Your Land Use Committee does hereby recommend passage of the following Resolution:

RE: Approval of Special Use with restrictions, Petition of Peoria Solar, LLC

RESOLUTION WHEREAS, the County of Peoria has enacted a Unified Development Ordinance, Chapter 20 of the Peoria County Code; and

WHEREAS, said ordinance requires a Special Use for a Solar Energy Generation Facility, provided that the conditions in Section 7.17 (“Ground Mounted Solar Energy Equipment”) are met in the “I-2” Heavy Industrial zoning district; and

WHEREAS, a hearing on said Special Use was held before the Zoning Board of Appeals (ZBA) on April 11, 2018 in Case No. 013-18-U; a copy of the deliberation minutes of said hearing and a legal description of the subject property are attached; and

WHEREAS, the ZBA deliberated its decision on April 11, 2018, and voted to recommend approval of the Special Use with restrictions; a copy of the ZBA’s findings of fact is attached; and

WHEREAS, your Committee met on April 23, 2018 to consider the ZBA’s recommendation, and voted to approve the Special Use with restrictions.

NOW THEREFORE BE IT ORDAINED, by the County Board of Peoria County that the Special Use in Case No. 013-18-U is hereby approved with the following restrictions:

NOTICE: Approval of this special use does not constitute approval of wells or septic systems for the property required by the Peoria City/County Health Department.

RESPECTFULLY SUBMITTED, LAND USE COMMITTEE 172

AGENDA BRIEFING

COMMITTEE: Land Use LINE ITEM: N/A MEETING DATE: April 23, 2018 AMOUNT: N/A

ISSUE: ZBA Case #015-18-U. A Special Use as required in 20-5.11.2.2.m of the Unified Development Ordinance. This section allows for a special use in the “I-2” Heavy Industrial zoning district for a Solar Energy Generation Facility, provided that the conditions in Section 7.17 (“Ground Mounted Solar Energy Equipment”), of these regulations are met.

BACKGROUND/DISCUSSION: This case is in District #1, which is county board member Sharon Williams’ district. The petitioner, Peoria Solar 2, LLC, requests a special use for a Solar Energy Generation Facility. The subject parcel is located at the SE corner of Maxwell Road and New Farmington Road in the NW 1/4 of Section 10, Limestone Township. There are 0 consents and 0 objections on file. The parcel’s current use is agriculture. Adjacent uses are agricultural to the north, commercial and industrial to the south and east, and agricultural and industrial to the west. The zoning of the parcel and surrounding area is “I-2” Heavy Industrial. The proposed use is designed for minimal impact on the surrounding area. The use does not create odor or dust. According to the petitioner, noise from the equipment when measured 3 feet away is comparable to a normal conversation. The tallest equipment is the solar panels which would not exceed 10 feet. According to the petitioner, the solar panels will be designed with an anti-reflective coating to reduce glare. For safety and security, the facility will be secured by a 7 foot tall, perimeter fence. Section 20-5.11.2.2.m of the Unified Development Ordinance (UDO) allows for a special use for a Solar Energy Generation Facility in the “I-2” Heavy Industrial zoning district, provided that the conditions in Section 20-7.17 (“Ground Mounted Solar Energy Equipment”) are met. The request meets all requirements for special use application specified in Section 20-7.17. Variance case #016-18-V granted the petitioner variance from the required 50 foot road setback from the northerly right-of-way and from the westerly right- of-way. The proposed use would be setback 25 feet from the northerly right-of-way and 30 feet from the westerly right-of- way. All other setbacks meet the standards of the ordinance. If granted, the use is required to obtain building permits and a stormwater and erosion control permit prior to construction. Pursuant to Section 20-7.17.5 (“Decommissioning Plan”), the applicant must maintain a decommissioning plan with financial security in order to obtain a building permit. The LESA score is 146.2 out of 300, which is a low rating for agriculture protection. The EcoCAT consultation by IDNR found a federally threatened bat species may be in the vicinity of the project. To avoid impact, IDNR recommends tree clearing be minimized when possible and trees not be felled from April 1st through October 14th. The petitioner intends to follow the recommendations of IDNR. Because the use does not require water, the soils will not be impacted by the need for a well or private wastewater disposal system. There are no comments from the Health Department. The site is at the southeast corner of Maxwell Road and New Farmington Road, both state roads. Proposed access is off Maxwell Road via an improved drive which will include an off-road maintenance staging area. According to the petition, the construction phase is three to four months. During that time, material will be delivered via trucks within the road weight limit. Once constructed, trips are limited to a few maintenance trips per year. The project is in the protected corridor for IL Route 336, highway from Peoria to Macomb. IDOT can agree to the proposed use provided three conditions are met. The three conditions are listed as recommended restrictions, numbers 2-4. The applicant provided a letter of no objection from the Limestone Township Road Commissioner. The Limestone Township Planning Commission recommended approval. The Peoria County Future Land Use Form Map designates this area as Interchange. The primary uses in this land use form are general commercial and light industrial. Interim agricultural use is encouraged until more intense economic uses are proposed. The proposed use is consistent with the land use form because it will allow for a higher use of the property until the construction of this section of IL Route 336 begins. The use is consistent with the County Land Use Plan Environmental Stewardship principle that private entities use environmentally-friendly technology. The use is supported by the Peoria County Growth Strategy to generate economic opportunity and stability.

COUNTY BOARD GOALS: HEALTHY VIBRANT COMMUNITIES

STAFF RECOMMENDATION: Approval with the following restrictions: 1. Required permits, including building permit, electrical permit, fence permit, and stormwater and erosion control permit must be obtained from the Peoria County Department of Planning and Zoning prior to construction. 2. The applicant, on behalf of Peoria County, the landowner, must obtain an approved highway access permit. 3. There must be a letter of understanding between Peoria County and IDOT that states IDOT will not incur costs due to the removal and/or relocation of the solar equipment when construction of that section of IL Route 336 proceeds. 4. The applicant must obtain any other applicable permits from IDOT, such as an IDOT utility permit. 5. The Solar Energy Generation Facility shall be required to have a decommissioning plan that meets the requirements of Section 20-7.17.5 (“Decommissioning Plan”) of the Unified Development Ordinance. Said plan shall be submitted and approved prior to the issuance of the building permit. Financial security must remain valid through the life of the project. Through the life of the project, the owner of the Solar Energy Generation Facility must provide the Zoning Administrator an updated decommissioning plan, including updated estimated costs and updated financial security every four years. 173 6. Except during a valid permit period or scheduled maintenance, which may or may not require a permit, the special use does not include the outdoor storage of equipment or materials. ZBA RECOMMENDATION: Approval with restrictions (6-0) COMMITTEE ACTION: Approved with restrictions (7-0) (Mr. Elsasser voted via teleconference.) (Mr. Harding & Mr. Robinson, absent)

PREPARED BY: Kerilyn Gallagher, Planner II DEPARTMENT: Planning & Zoning DATE: April 13, 2018

174 MINUTES OF THE DELIBERATION OF THE PEORIA COUNTY ZONING BOARD OF APPEALS

PRESENT: Loren Bailliez, Greg Fletcher, Linda O’Brien, Greg Happ, Leonard Unes, John Harms

ABSENT: Justin Brown, Andrew Keyt, Jim Bateman

STAFF: Kathi Urban – Director Kerilyn Gallagher – Planner II Alex Kurth – Civil Assistant State’s Attorney Ellen Hanks - ZBA Administrative Assistant

Case No. 015-18-U at 9:00 a.m. Hearing to be held in room 403, of the Peoria County Courthouse, Peoria, Illinois. Petition of PEORIA SOLAR 2, LLC (A business – Jon Carson, sole officer, P.O. Box 310, Highland Park, IL 60035), acting on behalf of PEORIA COUNTY (owner), a SPECIAL USE request from 20-5.11.2.2.m of the Unified Development Ordinance. This section allows for a special use in the “I-2” Heavy Industrial Zoning District for a Solar Energy Generation Facility, provided that the conditions in Section 7.17 (“Ground Mounted Solar Energy Equipment”), of these regulations are met.

FINDINGS OF FACT FOR SPECIAL USES Section 20-3.5.4 When considering an application for a special use permit, the decision making body shall consider the extent to which:

1. That the special use will be consistent with the purposes, goals, objectives, and standards of any officially adopted County plan and these regulations, or if not consistent, the factors which justify deviation; • The petitioner, Peoria Solar 2, LLC, requests a special use for a Solar Energy Generation Facility in the "I-2" Heavy Industrial zoning district. The applicant proposes to develop a 1.25 megawatt Solar Energy Generation Facility. The Peoria County Future Land Use Form Map designates this area as Interchange. The solar project is consistent with the Peoria County Comprehensive Land Use Plan of 2009, as well as a recent amendment to the zoning ordinance adopted by the county to specifically encourage and regulate the installation of solar projects. The request will allow for a higher use of the property until this section of IL Route 336 construction begins. The solar project will provide local clean energy while minimizing impact on the landscape and preserving long term use of the parcel. . In addition, the solar project is in keeping with the planned emphasis of economic development and capitalizing on new sources of energy. As set forward in this application, the solar project will conform to the requirements of the zoning ordinance.

175 2. That the special use will be consistent with the community character of the immediate vicinity of the parcel proposed for development, or if not consistent, the factors which justify the inconsistency: • The zoning ordinance anticipates that the Solar Energy Generation Facility will be appropriately located in the I-2 zoning district. The property is located at the Northeast corner of the intersection of New Farmington Road and Maxwell Road. New Farmington Road continues east to I-474. It is a location north of commercial development.

A motion to approve the Findings of Fact was made by Mr. Fletcher and seconded by Mr. Harms. Six affirmative votes; (6-0). A motion to approve the Special Use with restrictions was made by Mr. Harms and seconded by Mr.Fletcher. A vote was taken and the motion was approved; (6-0).

Meeting adjourned 1:21 p.m.

Respectfully submitted,

Ellen Hanks

176 ZBA Administrative Assistant

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REPORT TO THE ZONING BOARD OF APPEALS FOR THE APRIL 11, 2018 PUBLIC HEARING DATE: April 3, 2018 CASE/PETITIONER: 015-18-U / Peoria Solar 2, LLC / P.O. Box 310, Highland Park, IL 60035 (owner, Peoria County, 324 Main Street Room 502)

LOCATION: NW 1/4, Section 10, Limestone Twp. Parcel ID# 17-10-126-001

LAND USE FORM: Interchange CURRENT ZONING: “I-2” Heavy Industrial PRESENT USE: Agriculture SIZE OF SITE: 7.79 acres

SURROUNDING ZONING: North, South, East, West: “I-2” Heavy Industrial

SURROUNDING LAND USES: North: Agricultural South and East: Commercial/Industrial West: Agricultural/Institutional

PUBLIC SERVICES: Fire: Limestone Water: None required Schools: Limestone #310 Sewer: None required

TRANSPORTATION: Maxwell Road and New Farmington Road, state highways

PERTINENT ZONING CASES ON SITE: #016-18-V

PERTINENT ZONING CASES IN SURROUNDING AREA: #013-18-U

PLANNING AND ZONING DEPARTMENT RECOMMENDATION: APPROVAL WITH RESTRICTIONS

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CASE ANALYSIS

REQUEST AND LOCATION: The petitioner, Peoria Solar 2, LLC, requests a special use for a Solar Energy Generation Facility in the "I-2" Heavy Industrial zoning district. The applicant proposes to develop a 1.25 megawatt (MW) Solar Energy Generation Facility. After final engineering and design, the output may increase to 2 megawatts (MW). The use consists of rows of photovoltaic cell panels mounted on posts set in the ground, perimeter fence, and associated electrical equipment to collect, convert and transfer the electricity to the main grid. The panels will be in rows arranged north to south, spaced 12 feet 10 inches apart and will rotate east to west to track the sun. The solar panels will be designed with an anti-reflective coating to reduce glare. According to the site plan, the project area (the area within the fence) is 6.81 acres. According to the petition, the system will generate enough electricity to power approximately 300 to 400 single-family homes. The electricity is sold to the utility provider, Ameren Illinois. Ameren customers will then have the opportunity to subscribe to electricity sourced from solar energy. The cost of electricity and any savings to the customer is not yet determined. The expected project life is at least 25 years.

PERTINENT ZONING CASES ONSITE: Variance case #016-18-V was filed concurrently with this special use request. The applicant proposes to construct the Solar Energy Generation Facility at a distance of 25 feet from the northerly right-of-way, resulting in a variance request of 25 feet. According to the application, there would be approximately 93 feet between the solar equipment and the edge of the road. The applicant also proposes to construct the Solar Energy Generation Facility at a distance of 30 feet from the westerly right-of-way, resulting in a variance request of 20 feet. According to the application, there would be approximately 53 feet between the solar equipment and the edge of the road. According to the petitioner, due to the size and shape of the parcel, without both setback variances, the petitioner would not be able to develop the proposed use.

PERTINENT ZONING CASES IN SURROUNDING AREA: Special use case #013-18-U, filed by Peoria Solar, LLC, is a request to develop a 2 MW Solar Energy Generation Facility in the “I-2” Heavy Industrial zoning district. The request from Peoria Solar, LLC is for the parcel to the north of the subject parcel. The developer for case #013- 18-U and the subject case are the same.

SURROUNDING ZONING AND LAND USE: The subject parcel is located at the southeast corner of Maxwell Road and New Farmington Road. New Farmington Road continues east to I-474. The land use is currently cropland. The parcel is part of the protected corridor for the Illinois Route 336, highway from Peoria to Macomb. When the 336 corridor is ready for construction, the proposed use would need to be removed. The general area is a mix of land use types. The immediately adjacent uses are agricultural to the north, commercial and industrial to the south and east, and agricultural and institutional to the west. There are no adjacent residential uses. The closest residence to the solar energy equipment is approximately 530 feet east. The parcel is zoned “I-2” Heavy Industrial. Surrounding zoning is also “I-2”. The proposed use is designed for minimal impact on the surrounding area. The use does not create dust or odors. The facility’s inverters and transformers create noise when operating during the day but not at night. According to the petitioner, at three feet away from the equipment, the loudest sound would be less than 58 decibels, which is similar to the volume of a normal conversation. As such, the petitioner does not expect the equipment to be audible beyond the property line. The use is less intense than the commercial and industrial uses further south on Maxwell Road in the Peoria County Business Park. Uses in this subdivision include metal working, cabinet and counter top fabrication with showroom, and landscaping contractor’s office.

TECHNICAL ADEQUACY: Section 20-5.11.2.2.m of the Unified Development Ordinance (UDO) allows for a special use for a Solar Energy Generation Facility in the “I-2” Heavy Industrial zoning district, provided that the conditions in Section 20-7.17 (“Ground Mounted Solar Energy Equipment”) are met. According to the UDO, a Solar Energy Generation Facility is a facility consisting of ground mounted solar collectors and supplementary solar energy equipment used to produce electric power and is either the stand alone use or one of the principal uses for the parcel of land on which it is located. In a Solar Energy Generation Facility, the electric power may be

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used onsite, but its primary purpose is to generate electric power for offsite utility bill credit, subscription sale, retail sale, or wholesale. The petitioner proposes a principal use of ground mounted solar collectors to generate electric power for subscription sale.

Section 7.17.3 (“Standards for a Solar Energy Generation Facility”) parts 1-3 addresses the standards for the setbacks, height, and special use permit for a Solar Energy Generation Facility. The applicant addresses these standards as summarized here: ° Setbacks – the project must meet road and side setbacks in the “I-2” zoning district. The road setback from both state highways is 50 feet from the right of way. The side setback is 20 feet. The minimum distance to a principal residential dwelling shall be 75 feet. The applicant requires variance approval from both road setbacks. The applicant concurrently filed variance case #016-18-V. The request is for a 25 foot road setback from the northerly right-of-way, resulting in a variance request of 25 feet and a 30 foot road setback from the westerly right-of-way, resulting in a variance request of 20 feet. The site plan indicates all other setbacks are met. ° Height – the maximum height in the “I-2” zoning district is 36 feet. The tallest equipment is the solar panels. The site plan indicates the height of the panels varies from 6 feet at a zero degree tilt to a maximum 8.77 feet at a 60 degree tilt. According to the petitioner, the maximum height of the panels depends on the exact type of panel installed but would not exceed 10 feet. ° Design and installation - the ordinance requires the use is designed to minimize glare or reflection. According to the petition, glare or reflection are minimized because the solar panels are designed with anti-reflective coating and will track the sun east to west. ° Lighting – the ordinance requires lighting be limited to security and safety purposes only. According to the petition, the facility will not have any lighting. ° Security Fencing – the ordinance requires a secured perimeter fence 6-8 feet in height. According to the petition, the facility will have a 7 foot high gated chain link perimeter fence. The petition indicates the fence will include a lock box at the entrance. ° Warning signage – the ordinance requires “High Voltage” signs on the perimeter fence, at a maximum of 300 feet apart and a sign at all entrances containing the facility’s 911 address and 24-hour emergency contact. According to the site plan, there is one entrance to the site. The petitioner states it will comply with the signage requirements of this ordinance. ° Utility connection – the ordinance requires proof of application for interconnection from the electric utility company. The applicant provided Ameren’s initial interconnection report. The report identified the Harmon Substation, on Hillsdale Avenue, as the likely substation to serve the proposed point of interconnection. Hillsdale Avenue is approximately 2 miles east. Ameren must still review the full interconnection which will be completed prior to attaining the building permit. ° Fire safety - the applicant provided the required letter of approval from the Limestone Township Fire Protection District. The fire chief finds no cause for objection to the request. ° Road approval - the applicant provided the required road jurisdiction letter from the Illinois Department of Transportation (IDOT). IDOT can agree to the proposed use of the property provided three conditions be met prior to construction. The applicant must attain a highway access permit. There must be a letter of understanding between Peoria County and IDOT that states IDOT will not incur costs due to the removal and/or relocation of the solar equipment. Third, the applicant must obtain any other applicable permit from IDOT. The comments from IDOT are addressed further in the Transportation Impacts section of this report. ° Endangered species – the applicant provided the required EcoCAT consultation from the Illinois Department of Natural Resources, which is addressed in the Environmental Impacts section of this report. ° Other regulations – the ordinance states it is the responsibility of the applicant to attain any required approval from the FAA or other applicable federal or state authorities. The applicant submitted a letter from the Metropolitan Airport Authority of Peoria. The Director of Airports suggests the applicant apply to the FAA for an airspace analysis. Given the design and location of the project, the director does not require the analysis and does not anticipate negative findings. The director indicated he would work with

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the applicant to submit the request to the FAA. Because this analysis is not required, the applicant met this submittal requirement for a special use application.

A LESA was conducted on the parcel. The site scored 93.3 out of 100 for the agland evaluation, and 52.9 out of 200 for the site assessment component of the LESA. The overall LESA score was 146.2 out of 300, which is a low rating for agriculture protection. During the life of the project, the ground will not be in agricultural production; however, the use is designed to minimize impact on soils. Pursuant to Section 20-7.17.5 (“Decommissioning Plan”), at the end of the project life or facility abandonment, the use must be removed. The applicant must maintain a decommissioning plan with financial security. The plan must state how the facility will be decommissioned including restoring the land to a condition reasonably similar to its condition before the development of the Solar Energy Generation Facility, including replacement of top soil. The decommissioning plan with financial security is required for a building permit.

TRANSPORTATION IMPACTS: The subject parcel is located at the southeast corner of Maxwell Road and New Farmington Road, both state roads. The proposed access is off Maxwell Road via an improved drive which will include an off-road maintenance staging area. According to the IDOT traffic map there are approximately 4,750 vehicle trips in a 24-hour period along this portion of Maxwell Road and 8,600 vehicle trips along New Farmington Road. According to IDOT, the gross truck weight limit is 80,000 pounds on these two roads. The greatest traffic impact will be during the three to four month construction phase. According to the petition, during that time, material will be delivered using trucks no larger than a typical 18-wheeler and within the road weight limit. Post-construction, the traffic impact will be minimal. The site is unmanned and monitored remotely. The use requires maintenance trips only scheduled a few times per year. The project location is in the protected corridor for IL Route 336, highway from Peoria to Macomb. IDOT provided letter of agreement to the proposed use provided three conditions be met prior to construction. One, the applicant, on behalf of Peoria County, the landowner, must obtain an approved highway access permit. Two, there must be a letter of understanding between Peoria County and IDOT that states IDOT will not incur costs due to the removal and/or relocation of the solar equipment when construction of that section of IL Route 336 proceeds. Third, the applicant must obtain any other applicable permits from IDOT, such as an IDOT utility permit. The applicant provided a letter of no objection from the Limestone Township Road Commissioner.

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Route 336 begins. Other commercial or industrial uses may not be allowed at the subject location because it is protected in the IL Route 336 corridor. The use is consistent with the County Land Use Plan Environmental Stewardship principle that private entities use environmentally-friendly technology. The use is supported by the Peoria County Growth Strategy to generate economic opportunity and stability. The use creates revenue for Peoria County, will create economic activity, especially during construction period, and provides opportunity for residents and businesses to support environmentally-friendly technology. The Limestone Township Planning Commission recommended approval.

CONCLUSIONS

CONSISTENCY WITH COMMUNITY CHARACTER: The surrounding area is a mix of commercial, industrial, and institutional land uses. Parcels to the south are in the Peoria County Business Park. Businesses in this subdivision include metal working, cabinet and counter top fabrication with showroom, and landscaping contractor’s office. When compared to these uses, the proposed use is less intense. The proposed use is designed to minimize conflict with other uses. It does not create dust or odors and requires limited vehicle trips over the life of the project. When compared to other uses in the “I-2” Heavy Industrial zoning district, this use is less intense than nearby commercial and industrial uses.

MINIMIZING ADVERSE EFFECTS: The request is designed for low impact on adjacent properties. The tallest equipment would be the solar panels which rotate to track the sun. During the rotation, the maximum height would not exceed 10 feet, similar to the height of corn crop. The solar panels will be designed with an anti- reflective coating to reduce glare. For safety and security, the facility will be secured by a 7 foot tall, perimeter fence. The use does not produce odor or dust, and the noise level is expected to be inaudible beyond the property line. The use is designed for minimal impact on the soils. The use does not require private wastewater disposal system and will have a vegetative ground cover. The applicant will need to provide a decommissioning plan and financial security with the building permit application. The impact to the transportation system is limited. The construction phase does not require vehicles over the road weight limits. Once constructed, vehicle trips to the site are limited to a few maintenance trips each year.

COMPLIANCE WITH ADDITIONAL STANDARDS: The site plan meets all requirements for a Solar Energy Generation Facility in accordance with the Unified Development Ordinance. If this request is granted, the petitioner understands that building permits, including electrical permit and fence permit are required. The applicant must also meet stormwater and erosion control requirements per the UDO. Part of the requirement for a building permit includes submittal of decommissioning plan with financial security in accordance with Section 20-7.17.5. The decommissioning plan with financial security will need to be renewed to the Zoning Administrator every four years. The applicant also recognizes, after construction, an installation certificate from an Illinois licensed professional engineer must be submitted before a certificate of use can be issued. The applicant must attain appropriate permits from the Illinois Department of Transportation prior to construction.

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RECOMMENDATION

Based on the above information, the Department recommends approval with the following restrictions:

1. Required permits, including building permit, electrical permit, fence permit, and stormwater and erosion control permit must be obtained from the Peoria County Department of Planning and Zoning prior to construction. 2. The applicant, on behalf of Peoria County, the landowner, must obtain an approved highway access permit. 3. There must be a letter of understanding between Peoria County and IDOT that states IDOT will not incur costs due to the removal and/or relocation of the solar equipment when construction of that section of IL Route 336 proceeds. 4. The applicant must obtain any other applicable permits from IDOT, such as an IDOT utility permit. 5. The Solar Energy Generation Facility shall be required to have a decommissioning plan that meets the requirements of Section 20-7.17.5 (“Decommissioning Plan”) of the Unified Development Ordinance. Said plan shall be submitted and approved prior to the issuance of the building permit. Financial security must remain valid through the life of the project. Through the life of the project, the owner of the Solar Energy Generation Facility must provide the Zoning Administrator an updated decommissioning plan, including updated estimated costs and updated financial security every four years. 6. Except during a valid permit period or scheduled maintenance, which may or may not require a permit, the special use does not include the outdoor storage of equipment or materials.

Respectfully submitted,

Kerilyn Gallagher Kathi Urban Planner II Director

184 TO THE HONORABLE COUNTY BOARD ) ) COUNTY OF PEORIA, ILLINOIS )

Your Land Use Committee does hereby recommend passage of the following Resolution:

RE: Approval of Special Use with restrictions, Petition of Peoria Solar 2, LLC

RESOLUTION WHEREAS, the County of Peoria has enacted a Unified Development Ordinance, Chapter 20 of the Peoria County Code; and

WHEREAS, a hearing on said Special Use was held before the Zoning Board of Appeals (ZBA) on April 11, 2018 in Case No. 015-18-U; a copy of the deliberation minutes of said hearing and a legal description of the subject property are attached; and

WHEREAS, the ZBA deliberated its decision on April 11, 2018, and voted to recommend approval of the Special Use with restrictions; a copy of the ZBA’s findings of fact is attached; and

WHEREAS, your Committee met on April 23, 2018 to consider the ZBA’s recommendation, and voted to approve the Special Use with restrictions.

NOW THEREFORE BE IT ORDAINED, by the County Board of Peoria County that the Special Use in Case No. 015-18-U is hereby approved with the following restrictions:

NOTICE: Approval of this special use does not constitute approval of wells or septic systems for the property required by the Peoria City/County Health Department.

RESPECTFULLY SUBMITTED, LAND USE COMMITTEE

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AGENDA BRIEFING

COMMITTEE: Land Use LINE ITEM: N/A MEETING DATE: April 23, 2018 AMOUNT: N/A

ISSUE: ZBA Case #017-18-U. A Special Use as required in 20-5.1.3.2.f of the Unified Development Ordinance. This section allows for a special use in the “A-1” Agricultural Preservation zoning district for a Solar Energy Generation Facility, provided that the conditions in Section 7.17 (“Ground Mounted Solar Energy Equipment”), of these regulations are met.

BACKGROUND/DISCUSSION: This case is in District #13, which is county board member Brad Harding’s district. The petitioner, Brimfield Solar, LLC, requests a special use for a Solar Energy Generation Facility in the "A-1" Agriculture Preservation zoning district. The parcel is located at the northwest corner of Brimfield Road and Shissler Road in the SE 1/4 of Section 23, Brimfield Township. There is 1 consent and 0 objections on file. The parcel and surrounding area are agricultural. The closest residence is approximately 627 feet north. The proposed solar equipment will connect to the Ameren Brimfield Substation, approximately one-third of a mile west. The zoning of the parcel and surrounding area is “A-1” Agriculture Preservation. The parcel is adjacent to the Village of Brimfield. The use should not affect agricultural practices. The use does not create odor or dust. According to the petitioner, noise from the equipment when measured 3 feet away is comparable to a normal conversation. The tallest equipment is the solar panels. During its rotation, the maximum height would not exceed 10 feet, similar to the height of corn crop. According to the petitioner, the solar panels will be designed with an anti-reflective coating to reduce glare. For safety and security, the facility will be secured by a 7 foot tall, perimeter fence. Section 20-5.1.3.2.f of the Unified Development Ordinance (UDO) allows for a special use for a Solar Energy Generation Facility in the “A-1” Agriculture Preservation zoning district, provided that the conditions in Section 20-7.17 (“Ground Mounted Solar Energy Equipment”) are met. The request met all requirements for special use application specified in Section 20-7.17. If granted, the use is required to obtain building permits and a stormwater and erosion control permit prior to construction. Pursuant to Section 20-7.17.5 (“Decommissioning Plan”), the applicant must maintain a decommissioning plan with financial security. The plan must state how the facility will be removed including restoring the land to a condition reasonably similar to its condition before the development, including replacement of top soil. The decommissioning plan with financial security is required for a building permit. The LESA score is 191.3 out of 300, which is a low rating for agriculture protection. The EcoCAT consultation by IDNR found no known presence of endangered species, or archeological and/or historical resources. Because the use does not require water, the soils will not be impacted by the need for a well or private wastewater disposal system. There are no comments from the Health Department. The impact to the transportation system is limited. The site is along two county highways. Access is from Shissler Road and will include an off-road staging area. The construction phase is three to four months. During that time, material will be delivered via trucks within the road weight limit. Once constructed, trips are limited to a few maintenance trips per year. The County Highway Department has no objection but will require an access permit prior to construction. Brimfield Township Road Commissioner has no objection. The Peoria County Future Land Use Form Map designates this area as Agriculture Preservation. The use is compatible because it does not create dust or odor or conflict with agricultural uses. The use is consistent with the County Land Use Plan Environmental Stewardship principle that private entities use environmentally-friendly technology. The use is supported by the Peoria County Growth Strategy to generate economic opportunity and stability.

COUNTY BOARD GOALS: HEALTHY VIBRANT COMMUNITIES

STAFF RECOMMENDATION: Approval with the following restrictions: 1. Required permits, including building permit, electrical permit, fence permit, and stormwater and erosion control permit must be obtained from the Peoria County Department of Planning and Zoning prior to construction. 2. Access permit(s) must be obtained from the Peoria County Highway Department prior to construction. 3. The Solar Energy Generation Facility shall be required to have a decommissioning plan that meets the requirements of Section 20-7.17.5 (“Decommissioning Plan”) of the Unified Development Ordinance. Said plan shall be submitted and approved prior to the issuance of the building permit. Financial security must remain valid through the life of the project. Through the life of the project, the owner of the Solar Energy Generation Facility must provide the Zoning Administrator an updated decommissioning plan, including updated estimated costs and updated financial security every four years. 4. Except during a valid permit period or scheduled maintenance, which may or may not require a permit, the special use does not include the outdoor storage of equipment or materials. ZBA RECOMMENDATION: Approval with restrictions (6-0) COMMITTEE ACTION: Approved with restrictions (7-0) (Mr. Elsasser voted via teleconference.) (Mr. Harding & Mr. Robinson were absent.) PREPARED BY: Kerilyn Gallagher, Planner II DEPARTMENT: Planning & Zoning

186 DATE: April 13, 2018

187 MINUTES OF THE DELIBERATION OF THE PEORIA COUNTY ZONING BOARD OF APPEALS

PRESENT: Loren Bailliez, Greg Fletcher, Linda O’Brien, Greg Happ, Leonard Unes, John Harms

ABSENT: Justin Brown, Andrew Keyt, Jim Bateman

STAFF: Kathi Urban – Director Kerilyn Gallagher – Planner II Alex Kurth – Civil Assistant State’s Attorney Ellen Hanks - ZBA Administrative Assistant

Case No. 017-18-U at 12:30 p.m. Hearing to be held in room 403, of the Peoria County Courthouse, Peoria, Illinois. Petition of BRIMFIELD SOLAR, LLC (A business – Jon Carson, sole officer, P.O. Box 310, Highland Park, IL 60035), acting on behalf of DAVID HARMON & SHEILA HARMON (owners), a SPECIAL USE request from 20-5.1.3.2.f of the Unified Development Ordinance. This section allows for a special use in the “A-1” Agricultural Preservation Zoning District for a Solar Energy Generation Facility, provided that the conditions in Section 7.17 (“Ground Mounted Solar Energy Equipment”), of these regulations are met.

FINDINGS OF FACT FOR SPECIAL USES Section 20-3.5.4 When considering an application for a special use permit, the decision making body shall consider the extent to which:

1. That the special use will be consistent with the purposes, goals, objectives, and standards of any officially adopted County plan and these regulations, or if not consistent, the factors which justify deviation; • A Special Use request from 20-5.1.3.2.f of the Unified Development Ordinance. This section allows for a special use in the “A-1” Agricultural Preservation zoning district for a Solar Energy Generation Facility, provided that the conditions in Section 7.17 (“Ground Mounted Solar Energy Equipment”), of these regulations are met.

2. That the special use will be consistent with the community character of the immediate vicinity of the parcel proposed for development, or if not consistent, the factors which justify the inconsistency: • The zoning ordinance anticipates that the solar energy generation facility will be appropriately located in the A-1 zoning district. The parcel is surrounded by ongoing agricultural activities and is adjacent to a discontinued railroad right-of-way. The solar project is consistent with the use contemplated in the current zoning ordinance as well as the existing and future uses surrounding the parcel. The operation of the solar project will not

188 interfere with the development and improvement of surrounding properties for other uses contemplated in the zoning ordinance.

3. That the design of the of the proposed use will minimize adverse effects, including visual impacts on adjacent properties, except for land splits in the A-2 District and individual mobile homes; • The solar project will be designed to integrate into the existing use on adjacent parcels. The solar project will be enclosed with a 7 foot fence setback from the property line and the solar panels and electrical equipment will be setback further from the property lines. At their maximum height, the solar panels will be under 10 feet tall, thus a solar project will be no more visibly intrusive than a single story building and lower in height than a mature corn crop.

4. That the development has been reviewed and approved by the Illinois Department of Natural Resources with regard to the presence of endangered species, and archaeological and/or historical resources, if applicable; and • The petitioner consulted IDNR, which found no known natural or historical resources near the site of the project. The request should impact no known natural or historical resources near the site of the project.

Meeting adjourned 1:21 p.m.

Respectfully submitted,

Ellen Hanks ZBA Administrative Assistant

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REPORT TO THE ZONING BOARD OF APPEALS FOR THE APRIL 11, 2018 PUBLIC HEARING DATE: April 3, 2018 CASE/PETITIONER: 017-18-U / Brimfield Solar, LLC / P.O. Box 310, Highland Park, IL 60035 (owner, David Harmon and Sheila Harmon, 11301 N. Brimfield Road, Brimfield, IL 61517)

REQUEST: A Special Use request from 20-5.1.3.2.f of the Unified Development Ordinance. This section allows for a special use in the “A-1” Agricultural Preservation zoning district for a Solar Energy Generation Facility, provided that the conditions in Section 7.17 (“Ground Mounted Solar Energy Equipment”), of these regulations are met.

LOCATION: SE 1/4, Section 23, Brimfield Twp. Parcel ID# 06-23-400-019

LAND USE FORM: Agriculture Preservation CURRENT ZONING: “A-1” Agriculture Preservation PRESENT USE: Agriculture SIZE OF SITE: 18.42 acres

SURROUNDING ZONING: North: Village of Brimfield South, East, and West: “A-1” Agriculture Preservation

SURROUNDING LAND USES: North, South, East, West: Agriculture

PUBLIC SERVICES: Fire: Brimfield Water: None existing or requested Schools: Brimfield #309 Sewer: None existing or requested

TRANSPORTATION: Brimfield Road, non-primary county highway Shissler Road, non-primary county highway

PERTINENT ZONING CASES ON SITE: None

PERTINENT ZONING CASES IN SURROUNDING AREA: Special use case #018-18-U

PLANNING AND ZONING DEPARTMENT RECOMMENDATION: APPROVAL WITH RESTRICTIONS

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CASE ANALYSIS

REQUEST AND LOCATION: The petitioner, Brimfield Solar, LLC, requests a special use for a Solar Energy Generation Facility in the "A-1" Agriculture Preservation zoning district. The applicant proposes to develop a 2 megawatt (MW) Solar Energy Generation Facility. The use consists of rows of photovoltaic cell panels mounted on posts set in the ground, perimeter fence, and associated electrical equipment to collect, convert and transfer the electricity to the main grid. The panels will be in rows arranged north to south, spaced 20 feet apart, and will rotate east to west to track the sun. The solar panels will be designed with an anti-reflective coating to reduce glare. The project area is 14.23 acres of the 18.42 acre parcel. According to the petition, the system will generate enough electricity to power approximately 300 to 400 single-family homes. The electricity is transferred to the utility provider, Ameren Illinois. Ameren customers will then have the opportunity to subscribe to electricity sourced from solar energy. The cost of electricity and any savings to the customer is not yet determined. The expected project life is at least 25 years.

PERTINENT ZONING CASES ON SITE: None.

PERTINENT ZONING CASES IN SURROUNDING AREA: Special use case #018-18-U filed by Shissler Solar, LLC is a request to develop a 2 MW Solar Energy Generation Facility in the “A-1” Agriculture Preservation zoning district. The request is to use the most easterly 18 acres of a 78 acre parcel. The parcel for case #018-18-U is on Shissler Road, approximately one-third of a mile west of the subject case. The developer for case #018-18-U and the subject case are the same.

SURROUNDING ZONING AND LAND USE: The subject parcel is currently cropland. The parcel is bound to the north, east, and south by county highways and to the west by a discontinued railroad right-of-way. Surrounding land use is agriculture. The closest residence to the solar energy equipment is approximately 627 feet north. Ameren’s Brimfield Substation is approximately one-third mile west of the subject site. According to the petitioner, the proximity to the Brimfield Substation, allows for efficiently interconnecting with the utility. The parcel is zoned “A-1” Agriculture Preservation. Surrounding zoning to the east, south, and west is “A-1”. The parcel is adjacent to the southern boundary of the Village of Brimfield. It is anticipated the use will not create negative consequences on surrounding uses. The use does not create dust or odors. The facility’s inverters and transformers create noise when operating during the day but not at night. According to the petitioner, at three feet away from the equipment, the loudest sound would be less than 58 decibels, which is similar to the volume of a normal conversation. As such, the petitioner does not expect the equipment to be audible beyond the fence line. While the use is not agricultural, it is not expected to affect agricultural practices. There are no adjacent residential uses.

TECHNICAL ADEQUACY: Section 20-5.1.3.2.f of the Unified Development Ordinance (UDO) allows for a special use for a Solar Energy Generation Facility in the “A-1” Agriculture Preservation zoning district, provided that the conditions in Section 20-7.17 (“Ground Mounted Solar Energy Equipment”) are met. According to the UDO, a Solar Energy Generation Facility is a facility consisting of ground mounted solar collectors and supplementary solar energy equipment used to produce electric power and is either the stand alone use or one of the principal uses for the parcel of land on which it is located. In a Solar Energy Generation Facility, the electric power may be used onsite, but its primary purpose is to generate electric power for offsite utility bill credit, subscription sale, retail sale, or wholesale. The petitioner proposes a principal use of ground mounted solar collectors to generate electric power for subscription sale.

Section 7.17.3 (“Standards for a Solar Energy Generation Facility”) parts 1-3 address the standards for the setbacks, height, and special use permit for a Solar Energy Generation Facility. The applicant addresses these standards as summarized here: ° Setbacks – the project must meet road and side setbacks in the “A-1” zoning district. The road setback from both non-primary county highways is 125 feet from the center of the right of way. The side setback

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is 30 feet. The minimum distance to a principal residential dwelling shall be 75 feet. The site plan indicates the required setbacks are met. The nearest equipment will be approximately 627 feet to the nearest principal residential dwelling. ° Height – the maximum height in the “A-1” zoning district is 36 feet. The tallest equipment is the solar panels. The site plan indicates the height of the panels varies from 6 feet at a zero degree tilt to a maximum 8.77 feet at a 60 degree tilt. According to the petitioner, the maximum height of the panels depends on the exact type of panel installed but would not exceed 10 feet. ° Design and installation - the ordinance requires the use is designed to minimize glare or reflection. According to the petition, glare or reflection are minimized because the solar panels are designed with anti-reflective coating and will track the sun east to west. ° Lighting – the ordinance requires lighting be limited to security and safety purposes only. According to the petition, the facility will not have any lighting. ° Security Fencing – the ordinance requires a secured perimeter fence 6 to 8 feet in height. According to the petition, the facility will have a 7 foot high gated chain link perimeter fence. The petition indicates the fence will include a lock box at the entrance. ° Warning signage – the ordinance requires “High Voltage” signs on the perimeter fence, at a maximum of 300 feet apart and a sign at all entrances containing the facility’s 911 address and 24-hour emergency contact. According to the site plan, there is one entrance to the site. The petitioner states it will comply with the signage requirements of this ordinance. ° Utility connection – the ordinance requires proof of application for interconnection from the electric utility company. The applicant provided Ameren’s initial interconnection report. The report identified the Brimfield Substation, on Shissler Road, as the likely substation to serve the point of interconnection. Ameren must still review the full interconnection which will be completed prior to attaining the building permit. ° Fire safety - the applicant provided the required letter of approval from the Brimfield Community Fire Protection District. The fire chief finds no cause for objection to the request. ° Road approval - the applicant provided the required road jurisdiction letter from the County Highway Department which is addressed in the Transportation Impacts section of this report. ° Endangered species – the applicant provided the required EcoCAT consultation from the Illinois Department of Natural Resources, which is addressed in the Environmental Impacts section of this report. ° Other regulations – the ordinance states it is the responsibility of the applicant to attain any required approval from the FAA or other applicable federal or state authorities. The applicant submitted a letter from the Metropolitan Airport Authority of Peoria. The Director of Airports suggests the applicant apply to the FAA for an airspace analysis. Given the design and location of the project, the director does not require the analysis and does not anticipate negative findings. The director indicated he would work with the applicant to submit the request to the FAA. Because this analysis is not required, the applicant met this submittal requirement for a special use application.

A LESA was conducted on the parcel. The site scored 95.5 out of 100 for the agland evaluation, and 95.8 out of 200 for the site assessment component of the LESA. The overall LESA score was 191.3 out of 300, which is a low rating for agriculture protection. During the life of the project, the ground will not be in agricultural production; however, the use is designed to minimize impact on soils. Pursuant to Section 20-7.17.5 (“Decommissioning Plan”), at the end of the project life or facility abandonment, the use must be removed. The applicant must maintain a decommissioning plan with financial security. The plan must state how the facility will be decommissioned including restoring the land to a condition reasonably similar to its condition before the development of the Solar Energy Generation Facility, including replacement of top soil. The decommissioning plan with financial security is required for a building permit.

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ENVIRONMENTAL IMPACTS: The proposed use was reviewed and approved by the Illinois Department of Natural Resources (IDNR) with regard to the presence of endangered species, and archeological and/or historical resources. An EcoCAT (Ecological Compliance Assessment Tool) report was conducted on the subject property. According to the report, the Illinois Natural Heritage Database contains no record of State-listed threatened or endangered species, Illinois Natural Inventory sites, dedicated Illinois Nature Preserves, or registered Land and Water Reserves in the vicinity of the project location. The IDNR consultation was terminated, based on the results of the review. The proposed use will not consume water or create wastewater. The soils will not be impacted by the need for a well or private wastewater disposal system. There are no comments from the Health Department on this request.

TRANSPORTATION IMPACTS: The subject parcel is located at the northwest corner at the intersection of Brimfield Road and Shissler Road, both county highways. The proposed access is off Shissler Road via an improved drive which will include an off-road maintenance staging area. According to the IDOT traffic map there are approximately 700 vehicle trips in a 24-hour period along this portion of Brimfield Road and 450 vehicle trips along Shissler Road. According to the County Highway Engineer, the truck weight limit is 80,000 pounds on these two roads. The greatest traffic impact will be during the three to four month construction phase. According to the petition, during that time, material will be delivered using trucks no larger than a typical 18- wheeler and within the road weight limit. Post-construction, the traffic impact will be minimal. The site is unmanned and monitored remotely. The use requires only maintenance trips scheduled a few times a year. Comparatively, once constructed, the use, should create fewer vehicle trips than agricultural uses in the area. At the time of application, the applicant provided a letter of no objection from the County Highway Department. The Highway Department will require an access permit prior to construction. The applicant also included a letter of no objection from the Brimfield Township Road Commissioner.

LAND USE FORM: The Peoria County Future Land Use Form Map designates this area as Agriculture Preservation. The primary uses in the Agriculture Preservation Land Use Form are agriculture and open space. Solar Energy Generation Facilities are not an identified use in the Peoria County Comprehensive Land Use Plan, which was adopted in 2009. The use is compatible with the primary uses in the Agriculture Preservation Land Use Form because it does not create dust or odor or conflict with agricultural uses. According to the petition, where possible, the applicant will prioritize pollinator-friendly landscaping. The use agrees with the Agriculture Preservation theme of the County Land Use Plan. The site has a low LESA rating for agriculture protection, will not require well or wastewater disposal, and is required to provide a decommissioning plan. The decommissioning plan must state how the facility will be decommissioned including removal of all structures to a depth of four feet, restoration of the soil, and restoration of vegetation. The use is consistent with the County Land Use Plan Environmental Stewardship principle that private entities use environmentally-friendly technology. The use is supported by the Peoria County Growth Strategy to generate economic opportunity and stability. The use creates steady income for the land owners, will create economic activity, especially during construction period, and provides opportunity for residents and businesses to support environmentally-friendly technology.

CONCLUSIONS

CONSISTENCY WITH ADOPTED COUNTY PLAN: The special use request is for a 2 MW Solar Energy Generation facility. The Peoria County Future Land Use Form Map designates this area as Agriculture Preservation. While the use is not agricultural, it will not disrupt surrounding farming activity. The use agrees with the Agriculture Preservation theme of the County Land Use Plan. The site has a low LESA rating for agriculture protection, will not require well or wastewater disposal, and is required to provide a decommissioning plan. The request is consistent with the Peoria County Land Use Plan Environmental Stewardship principle that private entities utilize environmentally-friendly technology. The use is supported by the Peoria County Growth Strategy to generate economic opportunity and stability.

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CONSISTENCY WITH COMMUNITY CHARACTER: The primary use in the surrounding area is agriculture. The location is within 1 mile of urban services in the Village of Brimfield. The use is not agricultural, but it is not disruptive to agricultural uses on adjacent farmland. The use does not create dust or odors. There are no adjacent residential uses. Once constructed, the use is monitored remotely, resulting in limited number of vehicle trips to the site over the life of the project.

MINIMIZING ADVERSE EFFECTS: The request is designed for low impact on adjacent properties. The tallest equipment would be the solar panels which rotate to track the sun. During the rotation, the maximum height would not exceed 10 feet, similar to the height of corn crop. The solar panels will be designed with an anti- reflective coating to reduce glare. For safety and security, the facility will be secured by a 7 foot tall, perimeter fence. The use does not produce odor or dust, and the noise level is expected to be inaudible from residential uses in the area. The use is designed for minimal impact on the soils. The use does not require private wastewater disposal system and will have a vegetative ground cover. The applicant will need to provide a decommissioning plan and financial security with the building permit application. The impact to the transportation system is limited. The construction phase does not require vehicles over the road weight limits. Once constructed, vehicle trips to the site are limited to a few maintenance trips each year.

PRESENCE OF NATURAL/HISTORICAL RESOURCES: The petitioner consulted the Illinois Department of Natural Resources, which found no known natural or historical resources near the project. The request should not impact any known natural or historical resources.

COMPLIANCE WITH ADDITIONAL STANDARDS: The site plan meets all requirements for a Solar Energy Generation Facility in accordance with the Unified Development Ordinance. If this request is granted, the petitioner understands that building permits, including electrical permit and fence permit are required. The applicant must also meet stormwater and erosion control requirements per the UDO. Part of the requirement for a building permit includes submittal of decommissioning plan with financial security in accordance with Section 20-7.17.5. The decommissioning plan with financial security will need to be renewed to the Zoning Administrator every four years. The petitioner provided comment from the road jurisdiction and acknowledged that all applicable access permits will be attained prior to construction. The applicant also recognizes, after construction, an installation certificate from an Illinois licensed professional engineer must be submitted before a certificate of use can be issued.

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RECOMMENDATION

Based on the above information, the Department recommends approval with the following restrictions:

1. Required permits, including building permit, electrical permit, fence permit, and stormwater and erosion control permit must be obtained from the Peoria County Department of Planning and Zoning prior to construction. 2. Access permit(s) must be obtained from the Peoria County Highway Department prior to construction. 3. The Solar Energy Generation Facility shall be required to have a decommissioning plan that meets the requirements of Section 20-7.17.5 (“Decommissioning Plan”) of the Unified Development Ordinance. Said plan shall be submitted and approved prior to the issuance of the building permit. Financial security must remain valid through the life of the project. Through the life of the project, the owner of the Solar Energy Generation Facility must provide the Zoning Administrator an updated decommissioning plan, including updated estimated costs and updated financial security every four years. 4. Except during a valid permit period or scheduled maintenance, which may or may not require a permit, the special use does not include the outdoor storage of equipment or materials.

Respectfully submitted,

Kerilyn Gallagher Kathi Urban Planner II Director

196 TO THE HONORABLE COUNTY BOARD ) ) COUNTY OF PEORIA, ILLINOIS )

Your Land Use Committee does hereby recommend passage of the following Resolution:

RE: Approval of Special Use with restrictions, Petition of Brimfield Solar, LLC

RESOLUTION WHEREAS, the County of Peoria has enacted a Unified Development Ordinance, Chapter 20 of the Peoria County Code; and

WHEREAS, a hearing on said Special Use was held before the Zoning Board of Appeals (ZBA) on April 11, 2018 in Case No. 017-18-U; a copy of the deliberation minutes of said hearing and a legal description of the subject property are attached; and

WHEREAS, the ZBA deliberated its decision on April 11, 2018, and voted to recommend approval of the Special Use with restrictions; a copy of the ZBA’s findings of fact is attached; and

WHEREAS, your Committee met on April 23, 2018 to consider the ZBA’s recommendation, and voted to approve the Special Use with restrictions.

NOW THEREFORE BE IT ORDAINED, by the County Board of Peoria County that the Special Use in Case No. 017-18-U is hereby approved with the following restrictions:

1. Required permits, including building permit, electrical permit, fence permit, and stormwater and erosion control permit must be obtained from the Peoria County Department of Planning and Zoning prior to construction. 2. Access permit(s) must be obtained from the Peoria County Highway Department prior to construction. 3. The Solar Energy Generation Facility shall be required to have a decommissioning plan that meets the requirements of Section 20-7.17.5 (“Decommissioning Plan”) of the Unified Development Ordinance. Said plan shall be submitted and approved prior to the issuance of the building permit. Financial security must remain valid through the life of the project. Through the life of the project, the owner of the Solar Energy Generation Facility must provide the Zoning Administrator an updated decommissioning plan, including updated estimated costs and updated financial security every four years. 4. Except during a valid permit period or scheduled maintenance, which may or may not require a permit, the special use does not include the outdoor storage of equipment or materials.

NOTICE: Approval of this special use does not constitute approval of wells or septic systems for the property required by the Peoria City/County Health Department.

RESPECTFULLY SUBMITTED, LAND USE COMMITTEE

197

AGENDA BRIEFING

COMMITTEE: Land Use LINE ITEM: N/A MEETING DATE: April 23, 2018 AMOUNT: N/A

ISSUE: ZBA Case #018-18-U. A Special Use as required in 20-5.1.3.2.f of the Unified Development Ordinance. This section allows for a special use in the “A-1” Agricultural Preservation zoning district for a Solar Energy Generation Facility, provided that the conditions in Section 7.17 (“Ground Mounted Solar Energy Equipment”), of these regulations are met.

BACKGROUND/DISCUSSION: This case is in District #13, which is county board member Brad Harding’s district. The petitioner, Shissler Solar, LLC, requests a special use for a Solar Energy Generation Facility in the "A-1" Agriculture Preservation zoning district. The parcel is located on Shissler Road in the NW 1/4 of Section 26, Brimfield Township. There are 0 consents and 0 objections on file. The surrounding land use is agriculture. The existing single-family residence on the subject parcel is the closest dwelling to the solar panels, approximately 486 feet west. The proposed solar equipment will connect to the Ameren Brimfield Substation, which is adjacent to the proposed project. The parcel and surrounding zoning is “A-1” Agriculture Preservation. The parcel is within 1 mile of the Village of Brimfield. The use should not affect agricultural practices. The use does not create odor or dust. According to the petitioner, noise from the equipment when measured 3 feet away is comparable to a normal conversation. The tallest equipment is the solar panels. During its rotation, the maximum height would not exceed 10 feet, similar to the height of corn crop. The solar panels will be designed with an anti-reflective coating to reduce glare. For safety and security, the facility will be secured by a 7 foot tall, perimeter fence. Section 20-5.1.3.2.f of the Unified Development Ordinance (UDO) allows for a special use for a Solar Energy Generation Facility in the “A-1” Agriculture Preservation zoning district, provided that the conditions in Section 20-7.17 (“Ground Mounted Solar Energy Equipment”) are met. The request meets all requirements for special use application specified in Section 20-7.17. If granted, the use is required to obtain building permits and stormwater and erosion control permit prior to construction. Pursuant to Section 20-7.17.5 (“Decommissioning Plan”), the applicant must maintain a decommissioning plan with financial security. The plan must state how the facility will be removed including restoring the land to a condition reasonably similar to its condition before the development, including replacement of top soil. The decommissioning plan with financial security is required for a building permit. The LESA score is 191.1 out of 300, which is a low rating for agriculture protection. The EcoCAT consultation by IDNR found no known presence of endangered species, or archeological and/or historical resources. Because the use does not require water, the soils will not be impacted by the need for a well or private wastewater disposal system. There are no comments from the Health Department. The impact to the transportation system is limited. The site is off of Shissler Road, a county highway. Access is from Shissler Road and will include an off-road staging area. The construction phase is three to four months. During that time, material will be delivered via trucks within the road weight limit. Post-construction, trips are limited to a few maintenance trips a year. The County Highway Department has no objection but will require an access permit prior to construction. Brimfield Township Road Commissioner has no objection. The Peoria County Future Land Use Form Map designates this area as Agriculture Preservation. The use is compatible because it does not create dust or odor or conflict with agricultural uses. The use is consistent with the County Land Use Plan Environmental Stewardship principle that private entities use environmentally-friendly technology. The use is supported by the Peoria County Growth Strategy to generate economic opportunity and stability.

COUNTY BOARD GOALS: HEALTHY VIBRANT COMMUNITIES

STAFF RECOMMENDATION: Approval with the following restrictions: 1. The use is restricted to the area contained in the legal description submitted with the special use case #018-18-U. This area is approximately 18 acres. 2. Required permits, including building permit, electrical permit, fence permit, and stormwater and erosion control permit must be obtained from the Peoria County Department of Planning and Zoning prior to construction. 3. The Solar Energy Generation Facility shall be required to have a decommissioning plan that meets the requirements of Section 20-7.17.5 (“Decommissioning Plan”) of the Unified Development Ordinance. Said plan shall be submitted and approved prior to the issuance of the building permit. Financial security must remain valid through the life of the project. Through the life of the project, the owner of the Solar Energy Generation Facility must provide the Zoning Administrator an updated decommissioning plan, including updated estimated costs and updated financial security every four years. 4. Access permit(s) must be obtained from the Peoria County Highway Department prior to construction. 5. Except during a valid permit period or scheduled maintenance which may or may not require a permit, the special use does not include the outdoor storage of equipment or materials. ZBA RECOMMENDATION: Approval with restrictions (6-0) COMMITTEE ACTION: Approved with restrictions (7-0) (Mr. Elsasser voted via teleconference.) (Mr. Harding and Mr. Robinson were absent.) PREPARED BY: Kerilyn Gallagher, Planner II DEPARTMENT: Planning & Zoning 198 DATE: April 13, 2018

199 MINUTES OF THE DELIBERATION OF THE PEORIA COUNTY ZONING BOARD OF APPEALS

PRESENT: Loren Bailliez, Greg Fletcher, Linda O’Brien, Greg Happ, Leonard Unes, John Harms

ABSENT: Justin Brown, Andrew Keyt, Jim Bateman

STAFF: Kathi Urban – Director Kerilyn Gallagher – Planner II Alex Kurth – Civil Assistant State’s Attorney Ellen Hanks - ZBA Administrative Assistant

Case No. 018-18-U at 12:30 p.m. Hearing to be held in room 403, of the Peoria County Courthouse, Peoria, Illinois. Petition of SHISSLER SOLAR, LLC (A business – Jon Carson, sole officer, P.O. Box 310, Highland Park, IL 60035), acting on behalf of CATHRYN HARMON, WILLIAM HARMON FAMILY TRUST, & THE JOYCE HARMON TRUST (owners), a SPECIAL USE request from 20-5.1.3.2.f of the Unified Development Ordinance. This section allows for a special use in the “A-1” Agricultural Preservation Zoning District for a Solar Energy Generation Facility, provided that the conditions in Section 7.17 (“Ground Mounted Solar Energy Equipment”), of these regulations are met.

FINDINGS OF FACT FOR SPECIAL USES Section 20-3.5.4 When considering an application for a special use permit, the decision making body shall consider the extent to which:

1. That the special use will be consistent with the purposes, goals, objectives, and standards of any officially adopted County plan and these regulations, or if not consistent, the factors which justify deviation; • A Special Use request from 20-5.1.3.2.f of the Unified Development Ordinance. This section allows for a special use in the “A-1” Agricultural Preservation zoning district for a Solar Energy Generation Facility, provided that the conditions in Section 7.17 (“Ground Mounted Solar Energy Equipment”), of these regulations are met. The Special Use request is for a 2 megawatt solar energy generation facility. The Peoria County Future Land Use Form Map designates this area as Agriculture Preservation. While the use is not agriculture, it will not disrupt surrounding farming activity. . The use agrees with the Agriculture Preservation theme of the County Land Use Plan. The site has a low LESA rating for agriculture protection, will not require well or wastewater disposal, and is required to provide a decommissioning plan. The request is consistent with the Peoria County Land Use Plan Environmental Stewardship principle that private entities utilize environmentally- friendly technology. The use is supported by the Peoria County Growth Strategy to generate economic opportunity and stability.

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3. That the design of the of the proposed use will minimize adverse effects, including visual impacts on adjacent properties, except for land splits in the A-2 District and individual mobile homes; • The solar project will be designed to integrate into the existing use on adjacent parcels. The solar project will be enclosed with a 7 foot fence setback from the property line and the solar panels and electrical equipment will be setback further from the property lines. At their maximum height, the solar panels will be under 10 feet tall, thus a solar project will be no more visibly intrusive than a single story building and lower in height than a mature corn crop.

4. That the development has been reviewed and approved by the Illinois Department of Natural Resources with regard to the presence of endangered species, and archaeological and/or historical resources, if applicable; and • The petitioner consulted IDNR, which found no known natural or historical resources near the site of the project. The request should impact no known natural or historical resources near the site of the project.

A motion to approve the Findings of Fact was made by Mr. Fletcher and seconded by Ms. O’Brien. Six affirmative votes; (6-0). A motion to approve the Special Use with restrictions was made by Mr. Fletcher and seconded by Ms. O’Brien. A vote was taken and the motion was approved; (6-0).

Meeting adjourned 1:21 p.m.

201 Respectfully submitted,

Ellen Hanks ZBA Administrative Assistant

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REPORT TO THE ZONING BOARD OF APPEALS FOR THE APRIL 11, 2018 PUBLIC HEARING DATE: April 3, 2018 CASE/PETITIONER: 018-18-U / Shissler Solar, LLC / P.O. Box 310, Highland Park, IL 60035 (owner, Cathryn Harmon, William Harmon Family Trust, Joyce Harmon Trust)

LOCATION: NW 1/4, Section 26, Brimfield Twp. Part of parcel ID# 06-26-100-001

LAND USE FORM: Agriculture Preservation CURRENT ZONING: “A-1” Agriculture Preservation PRESENT USE: Agriculture SIZE OF SITE: 18 acres

SURROUNDING ZONING: North, South, East, and West: “A-1” Agriculture Preservation

SURROUNDING LAND USES: North, South: Agriculture East: Electric utility/Agriculture West: Residential/Agriculture

PUBLIC SERVICES: Fire: Brimfield Water: None existing or requested Schools: Brimfield #309 Sewer: None existing or requested

TRANSPORTATION: Shissler Road, non-primary county highway

PERTINENT ZONING CASES ON SITE: None

PERTINENT ZONING CASES IN SURROUNDING AREA: #017-18-U

PLANNING AND ZONING DEPARTMENT RECOMMENDATION: APPROVAL WITH RESTRICTIONS

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CASE ANALYSIS

REQUEST AND LOCATION: The petitioner, Shissler Solar, LLC, requests a special use to develop a solar energy generation facility in the "A-1" Agriculture Preservation zoning district. The applicant proposes to develop a 2 megawatt (MW) solar energy generation facility. The use consists of rows of photovoltaic cell panels mounted on posts set in the ground, perimeter fence, and associated electrical equipment to collect, convert and transfer the electricity to the main grid. The panels will be in rows arranged north to south, spaced 20 feet apart, and will rotate east to west to track the sun. The solar panels will be designed with an anti-reflective coating to reduce glare. The proposed project area is 18 acres of the 78.36 acre parcel. According to the petition, the system will generate enough electricity to power approximately 300 to 400 single-family homes. The electricity is sold to the utility provider, Ameren Illinois, as a source of renewable energy. Ameren customers will then have the opportunity to subscribe to electricity sourced from solar energy. The cost of electricity and any savings to the customer is not yet determined. The expected project life is at least 25 years.

PERTINENT ZONING CASES ON SITE: None.

PERTINENT ZONING CASES IN THE SURROUNDING AREA: Special use case #017-18-U filed by Brimfield Solar, LLC is a request to develop a 2 MW Solar Energy Generation Facility in the “A-1” Agriculture Preservation zoning district. The request is to use 14.23 acres of an 18.42 acre parcel. The parcel for case #017-18-U is located at the northwest corner of Brimfield Road and Shissler Road, approximately one-third of a mile east of the subject case. The developer for case #017-18-U and the subject case are the same.

SURROUNDING ZONING AND LAND USE: The subject parcel is 78.36 acres, consisting of cropland and one single- family residence. The request is to use the eastern 18 acres of the 78.36 acre parcel for a solar energy generation facility. According to the site plan, the solar equipment requires 14.44 acres. The surrounding land use is agriculture. The existing single-family residence on the subject parcel is the closest dwelling to the solar panels, approximately 486 feet west. Ameren’s Brimfield Substation is directly to the northeast of the subject site. According to the petitioner, the proximity to the Brimfield Substation, allows for efficiently interconnecting with the utility. The parcel is zoned “A-1” Agriculture Preservation. Surrounding zoning is “A-1”. The location is within 1 mile of the Village of Brimfield. It is anticipated the use will not create negative consequences on surrounding uses. The use does not create dust or odors. The facility’s inverters and transformers create noise when operating during the day but not at night. According to the petitioner, at three feet away from the equipment, the loudest sound is less than 58 decibels, which is similar to the volume of a normal conversation. As such, the petitioner does not expect the equipment to be audible beyond the fence line. While the use is not agricultural, it is not expected to affect agricultural practices. The remaining farmland on the 78.36 acre parcel will continue to be in agricultural production.

Section 7.17.3 (“Standards for a Solar Energy Generation Facility”) parts 1-3 address the standards for the setbacks, height, and special use permit for a solar energy generation facility. The applicant addresses these standards as summarized here:

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° Setbacks – the project must meet road, side, and rear setbacks in the “A-1” zoning district. The road setback from the non-primary county highway is 125 feet from the center of the right of way. The side and rear setback is 30 feet. The minimum distance to a principal residential dwelling on a different parcel shall be 75 feet. The site plan indicates the required setbacks are met. The closest principal residential dwelling is located on the same parcel as the proposed use and is approximately 486 feet west. ° Height – the maximum height in the “A-1” zoning district is 36 feet. The tallest equipment is the solar panels. The site plan indicates the height of the panels varies from 6 feet at a zero degree tilt to a maximum 8.77 feet at a 60 degree tilt. According to the petitioner, the maximum height of the panels depends on the exact type of panel installed but would not exceed 10 feet. ° Design and installation - the ordinance requires the use is designed to minimize glare or reflection. According to the petition, glare or reflection are minimized because the solar panels are designed with anti-reflective coating and will track the sun east to west. ° Lighting – the ordinance requires lighting be limited to security and safety purposes only. According to the petition, the facility will not have any lighting. ° Security Fencing – the ordinance requires a secured perimeter fence 6 to 8 feet in height. According to the petition, the facility will have a 7 foot high gated chain link perimeter fence. The petition indicates the fence will include a lock box at the entrance. ° Warning signage – the ordinance requires “High Voltage” signs on the perimeter fence, at a maximum of 300 feet apart and a sign at all entrances containing the facility’s 911 address and 24-hour emergency contact. According to the site plan, there is one entrance to the site. The petitioner states it will comply with the signage requirements of this ordinance. ° Utility connection – the ordinance requires proof of application for interconnection from the electric utility company. The applicant provided Ameren’s initial interconnection report. The report identified the Brimfield Substation, as the likely substation to serve the point of interconnection. This substation is adjacent to the project location. Ameren must still review the full interconnection which will be completed prior to attaining the building permit. ° Fire safety - the applicant provided the required letter of approval from the Brimfield Community Fire Protection District. The fire chief finds no cause for objection to the request. ° Road approval - the applicant provided the required road jurisdiction letter from the County Highway Department which is addressed in the Transportation Impacts section of this report. ° Endangered species – the applicant provided the required EcoCAT consultation from the Illinois Department of Natural Resources, which is addressed in the Environmental Impacts section of this report. ° Other regulations – the ordinance states it is the responsibility of the applicant to attain any required approval from the FAA or other applicable federal or state authorities. The applicant submitted a letter from the Metropolitan Airport Authority of Peoria. The Director of Airports suggests the applicant apply to the FAA for an airspace analysis. Given the design and location of the project, the director does not require the analysis and does not anticipate negative findings. The director indicated he would work with the applicant to submit the request to the FAA. Because this analysis is not required, the applicant met this submittal requirement for a special use application.

Section 7.17 also includes requirements for the applicant to attain required building, stormwater and erosion control permits, to comply with maintenance expectations, and to provide a decommissioning plan with financial security. These items will be expected of the applicant if the special use is granted.

A LESA was conducted for the proposed project area. The site scored 86.5 out of 100 for the agland evaluation, and 104.6 out of 200 for the site assessment component of the LESA. The overall LESA score was 191.1 out of 300, which is a low rating for agriculture protection. During the life of the project, the ground will not be in agricultural production; however, the use is designed to minimize impact on soils. Pursuant to Section 20-7.17.5 “Decommissioning Plan”, at the end of the project life or facility abandonment, the use must be removed. The applicant must maintain a decommissioning plan with financial security. The plan must state how the facility will be decommissioned including restoring the land to a condition reasonably similar to its condition before the

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development of the solar energy generation facility, including replacement of top soil. The decommissioning plan with financial security is required to apply for a building permit.

TRANSPORTATION IMPACTS: The subject parcel is located on Shissler Road. According to the site plan there is one proposed access via an improved drive which will include an off-road maintenance staging area. According to the IDOT traffic map there are approximately 450 vehicle trips along Shissler Road. According to the County Highway Engineer, the truck weight limit is 80,000 pounds on Shissler Road. The greatest traffic impact will be during the three to four month construction phase. According to the petition, during that time, material will be delivered using trucks no larger than a typical 18-wheeler and within the road weight limit. Post-construction, the traffic impact will be minimal. The site is unmanned and monitored remotely. The use requires only maintenance trips scheduled a few times a year. Comparatively, once constructed, the use, should create fewer vehicle trips than agricultural uses in the area. At the time of application, the applicant provided a letter of no objection from the County Highway Department. The Highway Department will require an access permit prior to construction. The applicant also included a letter of no objection from the Brimfield Township Road Commissioner.

CONCLUSIONS

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environmentally-friendly technology. The use is supported by the Peoria County Growth Strategy to generate economic opportunity and stability.

CONSISTENCY WITH COMMUNITY CHARACTER: The primary use in the surrounding area is agriculture. The site is within 1 mile of urban services in the Village of Brimfield. The use is not agricultural, but it is not disruptive to agricultural uses on adjacent farmland. The remaining farmland on the 78.36 acre parcel will continue to be in agricultural production. The use does not create dust or odors. Once constructed, the use is monitored remotely, resulting in limited number of vehicle trips to the site over the life of the project.

MINIMIZING ADVERSE EFFECTS: The request is designed for low impact on adjacent properties. The tallest equipment would be the solar panels which rotate to track the sun. During the rotation, the maximum height would not exceed 10 feet, similar to the height of corn crop. The solar panels will be designed with an anti- reflective coating to reduce glare. For safety and security, the facility will be secured by a 7 foot tall, perimeter fence. The use does not produce odor or dust, and the noise level is expected to be inaudible from residential uses in the area. The use is designed for minimal impact on the soils. The use does not require private wastewater disposal system and will have a vegetative ground cover. The applicant will need to provide a decommissioning plan and financial security with the building permit application. The impact to the transportation system is limited. The construction phase does not require vehicles over the road weight limits. Once constructed, vehicle trips to the site are limited to a few maintenance trips each year.

COMPLIANCE WITH ADDITIONAL STANDARDS: The site plan meets all requirements for a Solar Energy Generation Facility in accordance with the Unified Development Ordinance. If this request is granted, the petitioner understands that building permits, including electrical permit and fence permit are required. The applicant must also meet stormwater and erosion control requirements per the UDO. Part of the requirement for a building permit includes submittal of decommissioning plan with financial security in accordance with Section 20-7.17.5. The decommissioning plan with financial security will need to be renewed to the Zoning Administrator every four years. The petitioner provided comment from the road jurisdiction and acknowledged that all applicable access permits will be attained prior to construction. The applicant also recognizes, after construction, an installation certificate from an Illinois licensed professional engineer must be submitted before a certificate of use can be issued.

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RECOMMENDATION

Based on the above information, the Department recommends approval with the following restrictions:

1. The use is restricted to the area contained in the legal description submitted with the special use case #018-18-U. This area is approximately 18 acres. 2. Required permits, including building permit, electrical permit, fence permit, and stormwater and erosion control permit must be obtained from the Peoria County Department of Planning and Zoning prior to construction. 3. The Solar Energy Generation Facility shall be required to have a decommissioning plan that meets the requirements of Section 20-7.17.5 (“Decommissioning Plan”) of the Unified Development Ordinance. Said plan shall be submitted and approved prior to the issuance of the building permit. Financial security must remain valid through the life of the project. Through the life of the project, the owner of the Solar Energy Generation Facility must provide the Zoning Administrator an updated decommissioning plan, including updated estimated costs and updated financial security every four years. 4. Access permit(s) must be obtained from the Peoria County Highway Department prior to construction. 5. Except during a valid permit period or scheduled maintenance which may or may not require a permit, the special use does not include the outdoor storage of equipment or materials.

Respectfully submitted,

Kerilyn Gallagher Kathi Urban Planner II Director

209 TO THE HONORABLE COUNTY BOARD ) ) COUNTY OF PEORIA, ILLINOIS )

Your Land Use Committee does hereby recommend passage of the following Resolution:

RE: Approval of Special Use with restrictions, Petition of Shissler Solar, LLC

RESOLUTION WHEREAS, the County of Peoria has enacted a Unified Development Ordinance, Chapter 20 of the Peoria County Code; and

WHEREAS, a hearing on said Special Use was held before the Zoning Board of Appeals (ZBA) on April 11, 2018 in Case No. 018-18-U; a copy of the deliberation minutes of said hearing and a legal description of the subject property are attached; and

WHEREAS, the ZBA deliberated its decision on April 11, 2018, and voted to recommend approval of the Special Use with restrictions; a copy of the ZBA’s findings of fact is attached; and

WHEREAS, your Committee met on April 23, 2018 to consider the ZBA’s recommendation, and voted to approve the Special Use with restrictions.

NOW THEREFORE BE IT ORDAINED, by the County Board of Peoria County that the Special Use in Case No. 017-18-U is hereby approved with the following restrictions:

1. The use is restricted to the area contained in the legal description submitted with the special use case #018-18-U. This area is approximately 18 acres. 2. Required permits, including building permit, electrical permit, fence permit, and stormwater and erosion control permit must be obtained from the Peoria County Department of Planning and Zoning prior to construction. 3. The solar energy generation facility shall be required to have a decommissioning plan that meets the requirements of Section 20-7.17.5 (“Decommissioning Plan”) of the Unified Development Ordinance. Said plan shall be submitted and approved prior to the issuance of the building permit. Every four years, the owner of the solar energy generation facility must provide the Zoning Administrator updated decommissioning plan, updated estimated costs, and updated financial security. 4. Access permit(s) must be obtained from the Peoria County Highway Department prior to construction. 5. Except during a valid permit period or scheduled maintenance which may or may not require a permit, the special use does not include the outdoor storage of equipment or materials.

NOTICE: Approval of this special use does not constitute approval of wells or septic systems for the property required by the Peoria City/County Health Department.

RESPECTFULLY SUBMITTED, LAND USE COMMITTEE

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AGENDA BRIEFING

COMMITTEE: Land Use LINE ITEM: N/A MEETING DATE: April 23, 2018 AMOUNT: N/A

ISSUE: Zoning Case #021-18-Z. A Rezoning request from "A-1" Agricultural Preservation to "I-1" Light Industrial. The petitioner proposes to rezone the property in order to allow the construction of an addition and storage yard expansion to the rear of the existing facility.

BACKGROUND/DISCUSSION: This case is in District #14, which is county board member Brian Elsasser’s district. The petitioner, Michael Cochran, requests a rezoning from "A-1" Agricultural Preservation to "I-1" Light Industrial to allow for the construction of a paint booth addition and storage yard expansion, of the existing Fibrebond facility in Edelstein. The existing facility currently constructs enclosures for large industrial generators. The expansion of the facility will also for the outdoor storage of materials and the testing of generators. The parcel is located on W. North Street in the NW 1/4 of Section 18, Hallock Township. There are 0 consents and 1 objection on file. Rezoning case 049-84- Z was approved by the Peoria County Board on February 12, 1985, granting a rezoning from the “R-2” Medium Density Residential District to the “I-1” Industrial District to allow the location of an assembly and manufacturing facility. The subject of the request is a 6.327 acre portion of a 73.20 acre parcel. The use of both the existing parcel and the portion to be rezoned is cropland. The parcel is currently zoned “A-1” Agricultural Preservation. Surrounding land uses are agriculture to the north, east, and west, and residential, vacant, storage, generator testing, and parking to the south. Surrounding zoning is “A-1” Agricultural Preservation to the north, east, and west, and “I-1” Light Industrial and “R-2” Medium Density Residential to the south. Southwest of the existing site and the area to be rezoned is a residential neighborhood. The existing facility has been in existence since around 1985, formally under the ownership of International Supply Company. The new expansion will allow generators to be tested behind the existing building, dampening the sound. In addition, the new expansion will allow storage of generators and materials and testing of generators to be conducted behind a fence. The use is consistent with the character of the surrounding area due to the fact that it is an expansion of an existing business which already has a major operating presence in the community. According to the petition, the parcel is served by an existing private well and an existing private septic system. The Peoria County Health Department has indicated that they have no comments on the case. The subject parcel is located off of North Street, a township road, and Hakes Road, a county highway. According to the 2012 IDOT traffic map there are an average of 400 vehicle trips in a 24-hour period along this portion of Hakes Road. There is no traffic count data for North Street. Items are brought in on trucks with large “low-boy” trailers. According to Patrick Caraway, the CFO of Fibrebond, the facility will be able to allow trucks to enter on the southwest side from North Street, run behind the building, and exit on the northeast side onto Hakes Road. According to Mr. Caraway, the facility will see approximately 1 to 2 outbound trucks, approximately 1 inbound truck per week, approximately 1 to 2 smaller delivery trucks per day. The Peoria County Highway Department has indicated that prior to construction, the property owner needs to meet with the County Highway staff for an access permit. In addition, The County Highway Department has indicated that all oversized/overweight construction loads to this construction site require an oversized/overweight permit. The Hallock Township Road Commissioner submitted a letter indicating that the Hallock Township Board approved the rezoning request but had a few concerns. The board inquired as to whether drainage from the present building will be diverted to the new retention pond and whether the pond will be drained and where it will be diverted. The Peoria County Highway Department has requested review to the proposed detention pond design, as well as any storm water calculations upon submittal. The Future Land Use Form map in the Peoria County Comprehensive Land Use Plan designates this area as Unincorporated Center. The predominant use in this Land Use Form is residential with small commercial uses. The proposal is not consistent with the Land Use Form map, but is consistent with the Peoria County Land Use Plan. The proposed rezoning is consistent with the Peoria County Comprehensive Land Use Plan Smart Growth Principle of attracting, retaining, and expanding business locally to ensure a solid tax base. The request is consistent with the Peoria County Growth Strategy of continuing to strive for a strong, stable, and diverse economy, including the solicitation of minor industrial, commercial, and medical technology business.

COUNTY BOARD GOALS: HEALTHY VIBRANT COMMUNITIES

STAFF RECOMMENDATION: Approval ZBA RECOMMENDATION: Approval (6-0) COMMITTEE ACTION: Approved (7-0) (Mr. Elsasser voted via teleconference.) (Mr. Harding & Mr. Robinson were absent.)

PREPARED BY: Corbin Bogle, Planner I DEPARTMENT: Planning & Zoning 211 DATE: April 23, 2018

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REPORT TO THE ZONING BOARD OF APPEALS FOR THE APRIL 12, 2018 PUBLIC HEARING DATE: April 3, 2018

CASE/PETITIONER: 021-18-Z / Michael P. Cochran (Bonnie R. Gudat Trust, Bonnie R. Gudat, Trustee, owners) / W North St., Edelstein, IL 61526

REQUEST: A Rezoning request from "A-1" Agricultural Preservation to "I-1" Light Industrial. The petitioner proposes to rezone the property in order to allow the construction of an addition and storage yard expansion to the rear of the existing facility.

LOCATION: A part of the NW 1/4 of Section 18, Hallock Township / W. North Street, Edelstein, IL 61526 / Parcel ID 04-18-101-005

LAND USE FORM: Unincorporated Center EXISTING ZONING: “A-1” Agricultural Preservation PRESENT USE: Cropland SIZE OF SITE: 6.327 acres

SURROUNDING ZONING: North, East, West: “A-1” Agricultural Preservation South: “R-2” Medium Density Residential “I-1” Light Industrial

SURROUNDING LAND USES: North, East, West: Cropland South: Industrial/Residential/Vacant

PUBLIC SERVICES: Fire: Akron-Princeville FPD #070 Water: Private Well School: Princeville USD #326 Sewer: Private Septic

TRANSPORTATION: W. North Street, township road/Hakes Road, county road

PERTINENT ZONING CASE(S) ON SITE: None

PERTINENT ZONING CASE(S) IN SURROUNDING AREA: 049-84-Z

PLANNING AND ZONING DEPARTMENT RECOMMENDATION: APPROVAL

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CAS E A N A L Y S I S

REQUEST AND LOCATION: The petitioner, Michael Cochran, requests a rezoning from "A-1" Agricultural Preservation to "I-1" Light Industrial. The petitioner proposes to rezone the property in order to allow the construction of an addition and storage yard expansion for Fibrebond to the rear of the existing facility. The existing facility currently constructs enclosures for large industrial generators. These enclosures help to protect the generator and dampen the noise it makes. The expansion of the facility will allow for the storage of new enclosures before they are shipped out to their permanent locations and for materials. In addition, it will allow for the testing of generators. The parcel is located on W. North Street in the NW 1/4 of Section 18, Hallock Township.

PERTINENT ZONING CASE(S) ON SITE: None

PERTINENT ZONING CASE(S) IN SURROUNDING AREA: Rezoning case 049-84-Z was approved by the Peoria County Board on February 12, 1985, granting a rezoning from the “R-2” Medium Density Residential District to the “I-1” Industrial District to allow the location of an assembly and manufacturing facility. The petition was submitted by International Supply Company, Inc. and was submitted with the intention of converting the Edelstein Elementary School building into the proposed use.

SURROUNDING ZONING AND LAND USE: The subject of the request is a 6.327 acre portion of a 73.20 acre parcel. The use of both the existing parcel and the portion to be rezoned is cropland. The parcel is currently zoned “A-1” Agricultural Preservation. To the north, east, and west of the area to be rezoned, the land use is cropland. On the southwest side of the area to be rezoned, across North Street, lies a parcel with a single-family dwelling, and a vacant parcel owned by Edelstein Waterworks Co-op. On the southeast side, across North Street, lies a parcel used for parking, and a vacant parcel, both owned by Fibrebond. Property to the north, east, and west is zoned "A-1" Agricultural Preservation. Directly south of the area to be rezoned is the existing Fibrebond facility, zoned “I-1”. According to Patrick Caraway, the CFO of Fibrebond, parcels to the south of this facility, across North Street, are zoned “I-1” and used for open storage and generator testing. Southwest of the existing Fibrebond site and the area to be rezoned is a residential neighborhood, zoned “R-2.”

According to Patrick Caraway, the CFO of Fibrebond, the goals of the new expansion are to create more space to store product, improve the attractiveness of Fibrebond properties and the Town of the Edelstein, and increase security for Fibrebond. The expansion will allow for the storage of new generator enclosures and materials behind a fence on the east side of the existing building. The expansion also allows for the testing of the generators on the north side of the existing building. Testing here will allow this activity to take place behind a fence, as opposed to an open area. In addition, the location of the testing area, behind the existing building, will allow the sound of the generators to be dampened by the building. Patrick Caraway, the CFO at Fibrebond, indicated that the generators are currently tested in an open area south of the existing facility. He also indicated that generators could still be tested in this area if the facility finds themselves in need of more space. He indicated that generators would be tested in the designated testing area on the site plan 95 percent of the time.

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Fibrebond owns 19 parcels within approximately 500 feet of the existing use and proposed area to be rezoned. This amounts to approximately 5.63 acres of the original town of Edelstein. Several of these parcels, including the ones directly south of the existing building, are used as a storage yard. This facility has been in existence since around 1985, formally under the ownership of International Supply Company. The use is consistent with the character of the surrounding area due to the fact that it is an expansion of an existing business which already has a major operating presence in the community. In addition, there are several other “I-1” parcels within 0.25 miles of the site.

TECHNICAL ADEQUACY The subject property is currently zoned “A-1” Agricultural Preservation. The standards for the “A-1” district are addressed in Section 20-5.1 of the UDO. Light industrial uses are not permitted in the “A-1” zoning district. The petitioner requests a rezoning to “I-1” Light Industrial in order to expand an existing use on an adjacent parcel. The standards for the “I-1” district are addressed in section 20-5.10 of the UDO. Section 20-5.10.3.b of the UDO identifies light industrial as a permitted use in the I-1 district. The petitioner proposes to expand the existing 3.49 acre adjacent site an additional 6.327 acres for an addition and storage yard.

Section 20-5.10.3 of the UDO identifies required conditions that must be met by all permitted and special uses in the “I-1” district. This section indicates that all production, fabrication, servicing, assembling, testing, repair and processing shall be conducted wholly within an enclosed building or behind a uniformly painted solid fence of at least six feet in height, as provided for in Section 20-7.4 (“Fences”), or behind screening as required in Section 7.6 (“Landscaping and Bufferyards”). The petitioner’s site plan indicates that an open testing zone will be placed behind the existing building. The site plan also indicates that fencing will be provided around the facility. This fencing will need to be solid and at least six feet in height.

Section 20-5.10.3.2 of the UDO indicates that no storage, cleaning of equipment or accessory buildings may be located in front of the building line established by the principal building or in any required setback or buffer area. The petitioner’s site plan indicates that a proposed gravel storage area for completed projects is to be located in line with the front of the existing building. Section 20-6.11.3.1.e of the UDO indicates that the required setback from North Street. is 30 feet from the right-of-way (ROW). The existing building is approximately 35 feet from the ROW of North Street. Provided that this storage area remains in line with or behind the front of the existing building, it will not be in violation of the UDO.

Section 20-3.13 of the UDO requires an Erosion, Sediment, and Storm Water Control Permit application to be filed for any industrial project with an area of more than one-half acre. The site to be rezoned contains 6.37 acres of land. Section 20-3.13.1.4 indicates that any project with a net increase in impervious area greater than one-half acre is required to submit design calculations and information related to a permanent storm water management system. The petitioner’s site plan indicates that there will be a detention pond on the property.

A LESA was conducted on the subject 6.327 acres to be rezoned. The site scored 93.0 out of 100 for the agland evaluation, and 95.3 out of 200 for the site assessment component of the LESA. The overall LESA score was 188.3 out of 300, which is a low rating for agriculture protection.

ENVIRONMENTAL IMPACTS: According to the petition, the parcel is served by an existing private well and an existing private septic system. The Peoria County Health Department has indicated that they have no comments on the case.

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TRANSPORTATION IMPACTS: The existing facility and off-street parking lot has access from North Street, a township road. Patrick Caraway, the CFO of Fibrebond, has indicated that trucks will travel in front of the existing facility on South Street on the southwest corner of the property. They will exit onto Hakes Road on the northeast corner of the property. Hakes Road is a county highway and North Street is a township road. Coordination with the Hallock Township Road Commissioner will be necessary to obtain any required access permits. The Peoria County Highway Department has indicated that prior to construction, the property owner needs to meet with the County Highway staff for an access permit. In addition, The County Highway Department has indicated that all oversized/overweight construction loads to this construction site require an oversized/overweight permit. According to the 2012 IDOT traffic map there are an average of 400 vehicle trips in a 24-hour period along this portion of Hakes Road. There is no traffic count data for North Street. Items are brought in on trucks with large “low-boy” trailers. According to Mr. Caraway, the facility will be able to allow trucks to run behind the building to load and unload. These trucks currently come in on South Street to load and unload and have to turn around in the Town of Edelstein. The trucks do not run through the facility daily. It could be weeks between the time trucks drop off generators to the time enclosures are completed and shipped out. The frequency is determined by how quickly enclosures are completed. The facility will see approximately 1 to 2 outbound trucks and approximately 1 inbound truck per week. According to Patrick Caraway, smaller delivery trucks bring in materials at a rate of approximately 1 to 2 per day. Mr. Caraway has indicated that the expansion will allow the facility to construct more enclosures, leading to a possible increase in production. According to Mr. Caraway, this would lead to a minimal increase in truck traffic.

The Hallock Township Road Commissioner submitted a letter indicating that the Hallock Township Board approved the rezoning request but had a few concerns. As one of their concerns they inquired as to whether drainage from the present building will be diverted to the new retention pond indicated on the site plan. They state that this drainage currently runs south across North Street and County Highway R53. They also voiced concern that the retention pond may overflow and questioned whether the water would be drained and where it would be diverted to. In addition, the Peoria County Highway Department has indicated that the community of Edelstein experiences poor drainage following rainfall events. The petitioner’s site plan indicates that 6.327 acres are to be rezoned for expansion. Section 20-3.13 of the UDO indicates that Erosion, Sediment, and Storm Water Control Permits are required when commencing an industrial project with an area of more than one-half acre. Storm water management plans and controls are required for any project with a net increase of impervious area greater than one-half acre. The Erosion, Sediment, and Storm Water Control Permit and storm water management plans and controls will be required for this project. The Peoria County Highway Department has requested review to the proposed detention pond design, as well as any storm water calculations upon submittal.

LAND USE FORM & PEORIA COUNTY GROWTH STRATEGY: The Future Land Use Form map in the Peoria County Comprehensive Land Use Plan designates this area as Unincorporated Center. Residential is the predominate land use in the Unincorporated Center but is balanced with small commercial uses that serve the specific neighborhood. The petitioner’s request to rezone 6.327 acres of existing cropland is not consistent with the Land Use Form map, but is consistent with the Peoria County Land Use Plan. The proposed rezoning is consistent with the Peoria County Comprehensive Land Use Plan Smart Growth Principle of attracting, retaining, and expanding business locally to ensure a solid tax base. The existing business has been located at this location since around 1985. The request is consistent with the Peoria County Growth Strategy of continuing to strive for a strong, stable, and diverse economy, including the solicitation of minor industrial, commercial, and medical technology business. The current request is for the expansion of an existing industrial business.

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CON C L U S I O N S

CONSISTENCY WITH THE GENERAL AREA (EXISTING USES, ZONING, AND NEED): The subject parcel lies north, across North Street from the original platted Town of Edelstein. Adjacent parcels are agriculture to the north, east, and west, and vacant, storage, or parking to the south. Directly to the south of the subject property lies the existing Fibrebond facility. Many of the properties in the original platted Town of Edelstein are either vacant or used as storage space by Fibrebond. Several of the vacant properties are also owned by Fibrebond. Surrounding zoning is “A-1” Agricultural Preservation, “R-2” Medium Density Residential and “I-1” Light Industrial. The proposed use is most consistent with the nearby industrially zoned properties, and nearby vacant or storage properties. Additionally, the existing facility has been in place since around 1985.

CONFORMANCE OF THE SUBJECT PROPERTY (PROPERTY VALUE, SUITABILITY, VACANCY): The current use is an existing metal fabrication facility, used to construct large industrial generator enclosures. The adjacent parcel is not zoned for industrial use. The facility cannot expand adjacently unless a rezoning is granted. The land to be rezoned is part of a 73.20 acre parcel. A minimal amount of land will be taken out of production in order to allow an existing local business to expand. The land received a low LESA score for agland protection.

IMPACT ON THE PUBLIC (WELFARE AND RELATIVE GAIN): The rezoning request, will allow for expansion of an existing industrial facility, allowing for storage and generator testing on the property. This industrial use has existed from this location since around 1985. Expanding the existing use will have minimum impact on the surrounding area. The expansion will allow for the storage of completed projects and materials and the testing of generators behind a fence instead of in the open area to the south, across North Street. It will also place the testing area behind the building, allowing for the dampening of sound. According to the petitioner, the current zoning of the subject property does not allow for the expansion of the existing facility. The Hallock Township road commissioner has submitted a letter indicating concern from the Hallock Township Board that drainage from the existing building currently runs across North Street and County Highway R53. In addition, the Peoria County Highway Department has indicated that the Edelstein community experiences poor drainage following rainfall events. The petitioner will be required to obtain an Erosion, Sediment, and Storm Water Control permit, indicating the planned erosion and storm water controlled measures. The new storm water control measures should improve the conditions of the existing site.

CONSISTENCY WITH ADOPTED COUNTY PLAN: The special use request is not consistent with the Peoria County Future Land Use Form Map. The Future Land Use Form map designates this area as Unincorporated Center. The predominant use in the Unincorporated Center is residential with small commercial uses. Industrial uses are more intensive than those generally allowed in this district. The request is consistent with the Peoria County Comprehensive Land Use Plan. The proposed rezoning is consistent with the Peoria County Comprehensive Land Use Plan Smart Growth Principle of attracting, retaining, and expanding business locally to ensure a solid tax base. The request is consistent with the Peoria County Growth Strategy of continuing to strive for a strong, stable, and diverse economy, including the solicitation of minor industrial, commercial, and medical technology business. This is an expansion of an existing industrial use.

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REC O MMENDATION

Based on the above information, the Department recommends approval.

Respectfully submitted,

Corbin Bogle Kathi Urban Planner I Director

219 MINUTES OF THE DELIBERATION MEETING OF THE PEORIA COUNTY ZONING BOARD OF APPEALS

A meeting of the Peoria County Zoning Board of Appeals was held on Thursday, April 12, 2018, in Room 403 of the Peoria County Courthouse, 324 Main Street, Peoria, Illinois. The meeting was called to order by Chairperson Loren Bailliez at 9:00 a.m.

PRESENT: Loren Bailliez, Greg Fletcher, Greg Happ, Leonard Unes, John Harms, Andrew Keyt

ABSENT: Justin Brown, Jim Bateman, Linda O’Brien

STAFF: Kathi Urban - Director Corbin Bogle - Planner I Alex Kurth - Civil Assistant State’s Attorney Ellen Hanks - ZBA Administrative Assistant

Case No. 021-18-Z at 9:00 a.m. Hearing to be held in room 403, of the Peoria County Courthouse, Peoria, Illinois. Petition of MICHAEL P. COCHRAN, acting on behalf of the BONNIE R. GUDAT TRUST, BONNIE R. GUDAT, TRUSTEE (owner), a REZONING request from "A-1" Agricultural Preservation to "I-1" Light Industrial. The petitioner proposes to rezone the property in order to allow the construction of an addition and storage yard expansion to the rear of the existing facility.

FINDINGS OF FACT FOR REZONING Section 20-3.6.4 In evaluating a proposed rezoning, the following factors shall be considered, not one of which shall be controlling:

1. That the existing uses and zoning of nearby property; • The current use is an existing metal fabrication facility, used to construct large industrial generator enclosure. Adjacent parcels are agriculture to the north, east, and west, and to the south is a vacant lot, storage, and a parking lot.

2. That the extent to which property values are diminished by the particular zoning restriction; • The rezoning request will allow for expansion of an existing industrial facility, allowing for storage and generator testing on the property. This industrial use has existed from this location since around 1985. Rezoning from the residential area should not minimize the property values in the surrounding area.

3. That the extent to which the destruction of property values of the applicant promotes the health, safety, morals or general welfare of the public; • The current use is an existing metal fabrication facility used to construct large industrial generator enclosures. The adjacent parcel is not zoned for industrial use. The facility cannot expand adjacently unless a rezoning is granted. The land to be rezoned is part of a 73.20 acre parcel.

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4. That the relative gain to the public as compared to the hardship imposed upon the individual property owner; • The petitioner will be required to obtain an Erosion, Sediment, and Storm Water Control permit, indicating the planned erosion and storm water control measures. The new storm water control measures should improve the conditions of the existing site.

5. That the suitability of the subject property for the zoned purposes; • See #2.

6. That the length of time the property has been vacant as zoned, considered in the context of land development in the area in the vicinity of the subject property; • The surrounding area is agricultural and the part that surrounds the business will be zoned industrial to allow for expansion.

7. That the community need for the proposed use; and • See #4.

8. Whether the proposed change would be contrary to any officially adopted County plan. • The request is consistent with the Peoria County Comprehensive Land Use Plan. The proposed rezoning is consistent with the Peoria County Comprehensive Land Use Plan Smart Growth Principle of attracting, retaining, and expanding business locally to ensure a solid tax base. The request is consistent with the Peoria County Growth Strategy of continuing to strive for a strong, stable, and diverse economy, including the solicitation of minor industrial, commercial, and medical technology business. This is an expansion of an existing industrial use.

A motion to approve the Findings of Fact was made by Mr. Fletcher and seconded by Mr. Keyt. Six affirmative votes; (6-0). A motion to approve the proposed rezoning was made by Mr. Happ and seconded by Mr. Harms. The motion was approved; (6-0).

Meeting adjourned 12:53 p.m.

Respectfully submitted, Ellen Hanks ZBA Administrative Assistant

221 TO THE HONORABLE COUNTY BOARD ) ) COUNTY OF PEORIA, ILLINOIS )

Your Land Use Committee does hereby recommend passage of the following Ordinance:

RE: Approval of Rezoning, Michael Cochran (Bonnie R. Gudat Trust, Bonnie R. Gudat, Trustee, owners).

ORDINANCE

WHEREAS, the County of Peoria has enacted a Unified Development Ordinance, Chapter 20 of the Peoria County Code; and

WHEREAS, said ordinance zones this property as "A-1" Agricultural Preservation; and

WHEREAS, the petitioner requests this property be zoned as "I-1” Light Industrial in order to allow the construction of an addition and storage yard expansion to the rear of the existing facility; and

WHEREAS, a hearing on said Rezoning was held before the Zoning Board of Appeals (ZBA) April 12, 2018 in Case No. 021-18-Z; a copy of the deliberation minutes of said hearing and a legal description of the subject property are attached; and

WHEREAS, the ZBA deliberated its decision on April 12, 2018 and voted to recommend approval of the Rezoning; a copy of the ZBA’s findings of fact is attached; and

WHEREAS, your Committee met on April 23, 2018 to consider the ZBA’s recommendation, and voted to approve the Rezoning.

NOW THEREFORE BE IT ORDAINED, by the County Board of Peoria County, that the Rezoning in Case No. 021-18-Z is hereby approved.

RESPECTFULLY SUBMITTED, LAND USE COMMITTEE

222 AGENDA BRIEFING COMMITTEE: Ways & Means Committee LINE ITEM: MEETING DATE: POLL VOTE AMOUNT:

ISSUE:

Discussion for Amendments to Chapter 3, Alcoholic Liquor, of the Peoria County Code to Allow Licensing of For-Profit Sportsman’s Clubs

BACKGROUND/DISCUSSION:

To qualify for a Class E (Club) liquor license per the County’s Ordinance, a corporation must be a not-for-profit organization. The ordinance uses the same definition of “club” as defined by state statute. Earlier this year it was discovered that a for profit organization has been issued a Class E Club license since 1999. The attached amendments add a “sportsman’s club” as being eligible to be issued a Class I (Assembly Hall, Stadium and Golf Course) liquor license.

Prior to 1999, a not-for-profit organization called Valley Lakes Country Club owned and was issued liquor licenses for 13929 N Ivy Lake Road, Chillicothe. In 1999, the property was sold to Valley Lakes Center, Inc., a for profit organization, and was issued a Class E (Club) license. The property is located in the A-2 agricultural district with a non-conforming use certificate for a private recreation facility to operate as a banquet facility and sportsman’s club. The membership-based facility offers fishing, camping, swimming, and other recreational activities to members and guests only.

A not-for-profit sportsman’s club would be eligible to obtain a Class E (Club) license. However, amendments to the Alcoholic Liquor Ordinance would be necessary to allow a for-profit sportsman’s club to sell alcohol to its members and guests. The attached amendments add the following items to the Code:

1. Sportsman’s Club definition: the definition of a “sportsman’s club” from the Unified Development Ordinance was used as the basis for the definition, with the addition of requiring a clubhouse 2. Licensing of sportsman’s club added to the Class I license (currently used for assembly halls, stadiums and privately owned public golf courses)

The above amendments have been reviewed by the State’s Attorney’s Office.

COUNTY BOARD GOALS:

EFFECTIVE SERVICE DELIVERY

STAFF RECOMMENDATION: THIS IS A POLICY DECISION FOR THE BOARD.

COMMITTEE ACTION: Approved via Poll Vote (5-0) (per Rules of ORder, Article V, Section 18C)

PREPARED BY: Steve Sonnemaker, County Clerk DEPARTMENT: County Clerk DATE: April 24, 2018

223 ALCOHOLIC LIQUOR ORDINANCE AMENDMENTS

Sec. 3-1. - Definitions. Sportsman’s Club: A recreational area or facility, and its accessory retail sales and services, containing space used for hunting shooting or firing rifles, shotguns, pistols, skeet or traps, fishing and other similar sports, that has a clubhouse or similar building.

Sec. 3-19. - Classes of licenses generally.

(9) Class I. Class "I" licenses shall authorize the retail sales of alcoholic liquors on the premises of any assembly hall, stadium, sportsman’s club or privately owned public golf course for consumption on the premises when such retail sale is made by the same person who operates the assembly hall, stadium, sportsman’s club or privately owned public golf course. In the case of privately owned public golf course, alcoholic liquors may be sold and consumed on the exterior grounds of the golf course.

224 TO THE HONORABLE COUNTY BOARD ) ) COUNTY OF PEORIA, ILLINOIS )

Your Ways and Means Committee does hereby recommend passage of the following Ordinance:

RE: Amendments to Chapter 3, Alcoholic Liquor, of the Peoria County Code to Allow Licensing of For-Profit Sportsman’s Clubs

ORDINANCE

WHEREAS, the County of Peoria has adopted regulations regarding alcoholic liquor, found in Chapter 3 of the Peoria County Code; and

WHEREAS, the proposed amendments to the ordinance create a licensing process for for-profit sportsman's clubs; and

WHEREAS, your Committee recommends passing the attached amendments to Chapter 3.

NOW THEREFORE BE IT ORDAINED, by the County Board of the County of Peoria, that the attached amendments to Chapter 3, Alcoholic Liquor, of the Peoria County Code, are hereby approved and adopted, effective immediately.

RESPECTFULLY SUBMITTED, WAYS AND MEANS COMMITTEE

225 AGENDA BRIEFING

COMMITTEE: County Operations LINE ITEM: MEETING DATE: April 23, 2018 AMOUNT:

ISSUE: For RESOLUTION: Setting of Elected Officials Salaries COMMITTEE Approved

BACKGROUND/DISCUSSION: The County Board is required by Statute to set the salaries of elected officials 180 days prior to the newly takes the oath of office. Countywide elected officials’ terms start on December 1st and newly elected County Board Members will be sworn in on the first Monday in December, 55 ILCS 5/3-6037 mandates that the which this year in Monday, December 3. Absent a special Supervisor of Safety Salary be separate and meeting of the County Board to adopt a resolution, this action apart from the Sheriff’s Base Salary. The has typically occurred at the May County Board meeting during version adopted by the Committee: election years. Monday, June 4 is 180 days prior to December 1, • Made NO changes to the salaries to and the last possible day for the Board to act and meet the County Board Member & Committee Statutory deadline. Chairperson. • Removed the $1,250 per year Annual For this cycle, the Board is required to set the salaries of the Service Payment from all 3 countywide upcoming 4-year term of the County Sheriff, County Clerk, and elected offices. County Treasurer. Additionally, the Board is required to set the • Increased the base salary of the County salaries of the upcoming 4-year term of the nine (9) County Clerk & Treasurer by 2.25% per year for Board Districts up for election this November. These would be each year of the 4-year term. Board Members serving in the even numbered districts. In the • Removed the Supervisor of Safety salary attached table, these are highlighted in GREEN. from the Sheriff; added $5,000 to the base salary of the Sheriff and then The Committee has been previously provided two tables that increased the base salary by 2.25% per show the internal comparisons between all of Peoria County's year for each year of the 4-year term. elected officials, and a second table showing external comparisons to counties that have responded to our request for information. Most County Boards are undertaking the same exercise, and thus some have no information to provide. This information is being collected, and will be handed out at the Committee meeting.

As is past history, the County Administrator does NOT make a recommendation for the setting of salaries for any elected official. The recommendation is borne completely by the discussion and direction of the Committee. Staff was asked to prepare a resolution with all salaries to be set being consistent with the action approved by the County Board two years ago.

In 2016, the County Board’s final action, which was amended on the floor of the County Board Meeting, froze the salaries of the County Auditor, Circuit Clerk, and County Coroner. The amendment also granted those three elected office holders an Annual Service Payment of $1,250 paid out each year in the payroll that December 1 falls. The Board also froze their own salaries and those of the Committee Chairpersons. The attached resolution extends these salary terms to the offices under consideration at this time.

COUNTY BOARD GOALS: FINANCIAL STABILITY

EFFECTIVE SERVICE DELIVERY

WORKFORCE DEVELOPMENT

226 COLLABORATION

COMMITTEE ACTION: Approved 4/23/18 (6-0 votes) Mr. Rieker and Mr. Robinson absent

PREPARED BY: Scott Sorrel, County Administrator DEPARTMENT: County Administration DATE: April 18, 2018

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228 TO THE HONORABLE COUNTY BOARD ) ) COMMITTEE Approved COUNTY OF PEORIA, ILLINOIS )

Your County Operations Committee does hereby recommend passage of the following Resolution:

RE: Setting of Salaries of the County Clerk, County Sheriff, County Treasurer, County Board Members, County Board Committee Chairpersons

RESOLUTION

WHEREAS, State Statute requires a C ounty Board to set the salaries for countywide Elected Officials and the County Board seats up for election every two years a minimum of 180 days prior to the date each member is sworn into office; and

WHEREAS, this election cycle mandates the County Board set salaries for the County Clerk, County Sheriff, County Treasurer, County Board Members (even numbered districts), and County Board Committee Chairpersons that will serve a term from December 1, 2018 through November 30, 2022; and

WHEREAS, taking into consideration the local economic climate and the State of Illinois' fiscal condition, the County Board has taken a more fiscally conservative approach with compensation for its represented employees and exempt employees; and

WHEREAS, your County Operations Committee hereby recommends said annual base salaries be as follows:

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NOW THEREFORE BE IT RESOLVED, by the County Board of Peoria County, that the salaries for the upcoming four-year terms of the County Clerk, County Sheriff, County Treasurer, County Board Members (even numbered districts), and County Board Committee Chairpersons are hereby set as noted above.

RESPECTFULLY SUBMITTED, COUNTY OPERATIONS COMMITTEE

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