Thursday, December 20, 2012

Boone delays wind energy vote, fears lawsuit - Rockford, IL - Rockford Register Star

By Jennifer Wheeler

The Board voted 7-5 today to send portions of the ordinance back to the Zoning Board of Appeals. Members were nervous that recently-made changes could violate due process laws. Residents never had the opportunity to weigh in on the suggestions

Click on the following for more details:  Boone delays wind energy vote, fears lawsuit - Rockford, IL - Rockford Register Star

Why Bill votes “no” on the wind farm ordinance?

This text amendment was initiated by Boone County Board’s PZB subcommittee. A considerable amount of resources have been expended. The full board gave no formal approval to proceed with the text amendment although the board’s lack of formal discussion and lack of a formal recommendation can be considered "tacit approval" for PZB's proceeding with the text amendment. I question the prudence of the previous board--this expensive text amendment process should begin only with a formal approval and discussion by the full board.

The Planning Department’s recommendation was for no action—to keep in force the current ordinance. This recommendation was based upon the Planning Department’s research of current wind farm ordinances in Illinois and generally accepted scientific information. The crux of much of the staff recommendation was that the health and welfare concerns of Boone County are properly addressed by the current ordinance and by the ordinance’s special use procedures. The department has not waivered from this position.

I see no compelling evidence to question the planning department’s recommendation.

Board members should be aware that even if the new ordinance passes, court action may well grant Mainstream vested rights because their options were purchased when the old ordinance was in force.

To reiterate my position, based upon the professional staff’s recommendation I will vote “NO”. I believe any concerns expressed by the public in the hearings will be addressed by the special use application, when and if an application is received.

BILL PYSSON

Boone County Board

District #1

 

Result:  The ordinance passed 7-5, however Section H on set back is sent back to PZB/ZBA  for a hearing on the proposed setbacks.