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County attorney flags 25‑year solar agreement risks and roof liabilities
Summary
County Attorney Andy Vander Mountain told supervisors a proposed solar lease/purchase could lock the county and any future building owner into a 25‑year agreement with obligations for lost production during roof repairs; the board asked staff to seek contract changes and confirm roof type and life expectancy before proceeding.
County Attorney Andy Vander Mountain warned the Winneshiek County Board that proposed solar contract terms for a county building raise long‑term obligations the county should address before finalizing an agreement.
"You are locked in for 25 years," Andy Vander Mountain told the board, explaining that a buyer who later acquires the building would inherit the same solar agreement obligations. He highlighted contract language that could require the county to reimburse for production losses if panels are removed for roof repair or replacement, and noted that the county’s insurance may not cover contractual production‑loss obligations.
Board members and staff discussed roof life expectancy, noting a typical standing‑seam metal roof may last 40–70 years while an exposed‑fastener metal roof commonly lasts 20–30 years. Several supervisors said that committing to a 25‑year agreement on a building with an older roof could expose the county to significant repair costs and contractual liability. The county attorney recommended the board seek revisions that limit the county’s long‑term obligation or address roof replacement contingencies.
Supervisors asked staff to determine exactly what roof type the building has, to check the city’s negotiations on similar agreements, and to ask the solar developer if the term could be shortened or the contract rewritten to address production‑loss language. The board did not vote on the solar agreement at the meeting and directed staff to pursue clarifications and potential contract changes.
Next steps for the board include obtaining the city’s proposed contract revisions for comparison, clarifying roof type and remaining useful life, and asking the solar developer whether a shorter term (for example, 15 years) or different language around roof repairs is negotiable.
