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Committee delays decision on conduit bonding policy after members request more protections

2160198 · January 29, 2025
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Summary

Discussion on amending Marathon County Code Chapter 1.51 (conduit bonding) was postponed so staff and corporation counsel can research additional protections and criteria, including environmental indemnity and ownership requirements.

The committee discussed proposed updates to Marathon County Code Section 1.51 governing conduit bonding but delayed action to a future meeting to give Corporation Counsel and staff more time to research safeguards and policy criteria.

Administrator Lance Leonard and counsel presented a recent draft that would clarify the committee’s role in reviewing conduit-financing requests and reiterated that final approval must come from the county board. Supervisors raised concerns about environmental liability, indemnification if projects fail, whether local municipalities were endorsing proposed projects, and whether conduit financing should be limited to projects that would not proceed "but for" the county’s support. Vice Chair Marshall specifically urged criteria limiting conduit assistance to projects that are not otherwise financeable and suggested a condition that ownership be U.S.-based; counsel said he would research whether such a U.S.-ownership requirement is permissible.

Legal counsel said the current draft already contains language stating the county generally will not support financing that would constitute county indebtedness or a charge against the county’s general credit unless a compelling public policy rationale exists. Committee members asked staff to gather additional information and to return the item when counsel and administration can present recommended language addressing liability, monitoring, potential reserve funds, and local endorsement.

By unanimous consent the committee agreed to delay further action and requested that members submit concerns to Administrator Leonard or Corporation Counsel before the next meeting.

Ending: Item postponed to a future meeting to allow further legal review and drafting of recommended protections and criteria.