The Marshall County Council members were presented with a memorandum from Laureen White from HeplerBroom, LLC concerning points regarding the recent passage of the county’s Decommissioning Agreement and the Economic Development Agreement by the Marshall County Commissioners.
County Council President Jesse Bohannon noted that council members Deb Johnson and Nicole Cox have done some research on this topic since the last meeting. Johnson said that Laureen White is an attorney in Illinois and Johnson was referred to White to answer some questions posed about the Decommissioning Agreement and a conflict of interest. It was noted that the Attorney General refers county officials to White on solar matters.
Cox read aloud from correspondence from Laureen White who stated that prior to the issuance of a solar energy system permit, per the county’s zoning ordinance, the Marshall County Board of Zoning Appeals must approve the county’s Decommissioning Agreement, or plan, and record it with the Marshall County Recorder. It would then go before the commissioners for final approval. The Marshall County Commissioners approved the Decommissioning Agreement during their meeting Monday, September 16, but it has not yet been before the BZA for consideration.
Another matter that was brought up was conflict of interest as Commissioner Kevin Overmyer has voted on matters concerning solar energy ordinances when he has a financial interest with a Battery Energy Storage System contract with his farmland. He has signed conflict of interest forms and filed them with the county and staete, but it is the council’s belief that his votes should have been disqualified on matters involving solar energy systems.
After a lengthy discussion, Councilman Tim Harman made a motion to work with the council’s attorney, Marcel Lebbin, in creating an injunction document as a complaint to be filed in court concerning the Decommissioning Agreement and conflict of interest. Cox seconded the motion and the motion passed with a unanimous vote. The injunction will be filed as early as next week as legal action is required to be taken within 30 days from the vote taken on the Decommissioning Agreement.
