ZBA Hearing Officer Denied at Meeting

ZBA Hearing Officer
Denied at Meeting
By Ronnie Thompson
Though the Boone County Board approved an
amendment allowing for the construction of Wind Energy
Conversion Systems (WECS), the fallout of that decision
is still coming to seed in the public arena. One of the
issues to come out of the decision asks how to handle
future meetings where wind energy could cause contention
amongst the citizens of Boone County. Most recently, the
possible appointment of a Zoning Hearing Officer (ZHO)
has sparked debate.
During the November 25th meeting of the Zoning
Board of Appeals (ZBA), the Board voted against a text
amendment that would establish the ZHO to preside over
future wind energy hearings. Both sides of the wind energy
issue were present to make their case.
Tuesday’s debate was of a similar nature as the WECS
debates of the past, and it carried with it the shadows of
past divisions and emotions on both sides. It was debated
as a question between county residents losing a voice
against what county resident Deb Doetch called “running
a tighter ship” during the proceedings regarding the wind
energy issue.
In a line of questioning directed at the Board, county
resident Julie Newhouse raised concerns that hiring an
outside lawyer to control meetings could take away the
voice of the people. In her official testimony she asked the
Board if “the citizens of Boone County want to be heard by
five independent peers…or would the citizens want to be
heard by those who could care less about Boone County...”
ZBA associate planner Gina DelRose was present and
acting as representative of the amendment, defended the
item by claiming that “a hearing officer out of county
would be less likely to have an issue with bias.” She also
said that it can be hard for those on the Board to tell their
neighbors when the evidence they are presenting is either
irrelevant or inadmissible.
According to the text amendment, the ZHO would be
strictly in place to regulate the legal aspects of the meeting
– such as the giving of evidence or sworn testimony before
the board. Boone County state’s attorney Michelle Courier
added that “nothing will change, you will still be making
the final decision…it is just making it more efficient.”
One ZBA member, Joan Krumm, called the amendment
“the nastiest thing to happen to this Board.” She also
indicated that she was insulted at the insinuation that the
ZBA cannot run its meetings.
When asked why they thought the Board needed the
ZHO to control the hearings, Gina cited the many occasions
when members of the audience had spoken out of turn,
interrupted testimony, and boo’d speakers when they gave
evidence.
Though Joan said she remembered no booing or
outbursts, Deb Doetch corroborated the history, saying
that she “got boo’d, yelled at, and had fists shaken at her”
during her previous testimony. She also expressed her
feeling that the Board’s hearing of evidence was biased
during the WECS meetings.
In their final vote, the Board was unanimous in voting
not to recommend the text amendment. ZBA member
Brain VanLaar said, while he “was impressed” with how
meetings in Lee County ran with a ZHO, the Board “can
have order without a hearing officer.” Tony Sorvino,
chairman of the ZBA, admitted that the Board has room
for improvement in how it handles hearings, but he did not
think a ZHO was necessary.
Tuesday’s vote will not be the end of the issue, as the

question still must move through the Boone County Board
planning, zoning and building committee to finally be
voted on by the full County Board in the months to come