The above is taken from: http://www.judici.com/courts/cases/case_history.jsp?court=IL004015J&ocl=IL004015J,2014CH170,IL004015JL2014CH170D1 This reference should also update the reader concerning current status.
If you want a history of the case and its background see the August 29, 2014 Boone County Journal; portions of which are shown below.
Stacey Wescott, Chicago Tribune
Many residents of Oakwood Hills oppose a plan for a power plant in the area, saying the proposal caught them off guard.
Many residents of Oakwood Hills oppose a plan for a power plant in the area, saying the proposal caught them off guard. (Stacey Wescott, Chicago Tribune)
By Robert McCoppin, Tribune reporter
The village president of Oakwood Hills has resigned in response to outrage over a proposal she helped negotiate for a power plant.
President Melanie Funk resigned Wednesday in a letter, writing, "I no longer feel that I can continue to take the abuse that I have been subject to over these last few months."
The $450 million power plant proposed by Enventure Partners sparked protests by hundreds of people at meetings on the subject in July. Residents are concerned about the plant's potential effects on pollution, noise, water use and property values. The proposed plant would be built about a half-mile from homes and across the street from a grade school.
Village officials shut down village hall for the month of August after they said someone made a threat against public officials over the plant, though they said they had no documentation of a threat.
Village Trustee Beth Gorr and Village Attorney John Cowlin also resigned, Village Clerk Melissa Goldman confirmed.
Trustee Paul Smith, who was president pro tempore, becomes acting president, Goldman said. That opens up two trustee positions for election next April
Read more of the article by clicking on the following: http://www.chicagotribune.com/news/local/breaking/chi-oakwood-hills-president-resigns-amid-power-plant-controversy-20140911-story.html
Here is the Village’s view of the zoning issue:
Upcoming The next Zoning Board Hearing will take place on October 9, 2014 at the Holiday Inn; the time will be posted soon.
Done The Open House will be on Tuesday, July 22, 2014 from 4:00 PM until 8:00 PM at the HOLIDAY INN Conference Room in Crystal Lake.
DoneThe Zoning Board Hearing will be on Thursday, July 24, 2014 beginning at 6:30 PM at the HOLIDAY INN Conference Room in Crystal Lake.
DoneThe additional Zoning Meeting will be held on Thursday, July 31, 2014 beginning at 6:30 PM at the HOLIDAY INN Conference Room in Crystal Lake.
It is apparent from the responses of the public at the zoning hearings on July 24th and 31st regarding the zoning petition that there was a lack of understanding of the process before the Zoning Board and a need for clarification of the process that the Zoning Board is required to follow in considering the Petitioners’ request.
The Zoning Ordinance of Oakwood Hills provides that anyone who is seeking approval for variations, amendments or other zoning requests from the provisions stated in the Oakwood Hills Zoning Ordinance must follow the procedures outlined in the Ordinance.
Once a Petitioner submits a Petition the Zoning Ordinance requires that a hearing be set up not less than 15 nor more than 30 days from the time the notice of hearing is published in the Northwest Herald and is given to the taxpayers of record that abut the property for which the request is made. The initial date and time for the hearing is strictly controlled by when the Petitioner files the notice of hearing set forth in the ordinance.
The hearing held on the Petition filed is a public hearing. It is a process to allow the Petitioner to present its case for what is being requested. As a public hearing, it is also to in favor of Petitioner’s proposal. At the conclusion of the public presentation, the public presentation is closed then the Petitioner has the obligation to respond to the questions and comments raised by the public.
Once the Petitioner has concluded its responses to the questions and/or comments from the public, it is then the Zoning Board members time to raise any questions or concerns that they may have regarding the Petition to the Petitioner. The hearing is over when the Zoning Board members have concluded their questions of the Petitioner. After the conclusion of the meeting, the Zoning board may postpone its vote only once to a future meeting unless a further delay is obtained with the approval of the Petitioner.
The original schedule of meetings listed a meeting on July 24th from 6:30 p.m. to 10:30 p.m. with an additional meeting, if needed, for July 31st at the same times to allow everyone interested in the proposal to be present and speak. On July 24th, the Zoning Board continued the meeting to July 31st as there were members of the public that had not had the opportunity to speak or make a presentation to the Board. The public was informed that they would also be given an opportunity on the 31st to sign in if they did not do so on the 24th.
The Zoning Board received a Motion for a Continuance of the Hearing to October 9th to allow the Petitioner to obtain new counsel and consider the statements made by the public at the meeting on July 24th. The Petitioners were within their rights in making the request and the decision of the Zoning Board approved their request which effectively brought the meeting to an end on July 31st. At the meeting on the 31st, someone shouted, “Why don’t you just vote no now.” As I have outlined, the Zoning Board is required to follow the rules established by the Zoning Ordinance of the Village, which are not unique to the Village.
The Zoning Board is committed to follow the procedures established in order that both the Petitioners and public are provided due process as required in the hearing process. When the hearing reconvenes on October 9th the meeting is at the public presentation stage of the proceedings. Those members of the public who have not had an opportunity to speak will be given that opportunity. With the large number of public that has shown an interest in speaking, everyone will be given that opportunity and, if necessary, additional meetings will be held until the hearings are brought to a conclusion.
See earlier post: http://boonecountywatchdog.blogspot.com/2014/09/oakwood-hills-residents-voice-concern.html
