Planning Staff Report Takes Center Stage

By James Middleton

The path tread from applying for governmental change
and possibly reaching enactment of that change can be
long. If anyone disbelieves this they should ask those that
have applied to add a text amendment to the Boone County
zoning code to establish a wider setback for wind turbines
from adjoining property lines. This process has moved on
more than a year and the end is still not in sight.
The end will be reached when the Boone County Board
convenes to vote to determine if that text amendment will
be added to county zoning code. One more step to that end
occurred this week in the September meeting of the Boone
County Zoning Board of Appeals (ZBA).
The focus of the ZBA meeting allowed the Belvidere/
Boone County planning department to deliver a final report
on their investigation if the text amendment should be
approved. The result of their initial investigation led the
planning staff to recommend denial of the text amendment.
The substance of their initial report had not changed after
hearing testimony in numerous meetings that was offered
by those favoring the text amendment.
The essence of the text amendment asks the county to
establish a new setback distance for wind turbines to be
erected from adjoining property owners and roadways.
The current code allows wind turbines to be erected no less

some of the specific elements of the report. She added
that staff believed that some elements of the proposed text
amendment should be revised for greater clarity. She also
said that the staff had not been persuaded by testimony that
one setback distance was really not defined as being any
better than any other setback distance.
She then entered into a brief discussion of the setback
distance of a half mile from adjoining property lines. Ms.
Miller cited a statement made by counsel representing the
proponents of the text amendment, Ms. Schilling. Ms.
Miller said, the setback distance proposed was stated by
Ms. Schilling to be, “A good starting point.” However,
Ms. Miller added, “Staff believes that this distance is in
conflict with the Comprehensive Plan and Boone County

zoning code. We need to set reasonable setbacks and the
larger setbacks would deny development of wind projects.”
With that Ms. Miller covered a couple of other points
and ended her review of the staff report. Mr. Savino then
opened the meeting for staff questions. ZBA member Joan
Krumm took the floor and endeavored to ask questions of
Ms. Miller but it was difficult for her to articulate a question
that Ms. Miller understood. Two efforts were made before
Ms. Miller could answer.
Ms. Krumm finally asked, “Why do you say it is not
necessary to protect the public health, safety and welfare.”
Ms. Miller answered, “I’m not sure I understand your
question but we want to protect the public health.”
A debate arose between Ms. Krumm and Ms. Miller in
that Ms. Krumm seemed not to understand what a scale
was in reference to a site drawing. Ms. Miller agreed that
a scale was needed for any drawings and that definitions of
terms should also be added.
With that the floor was opened for statements from
the audience and Karen Kenney, one of the applicant’s
for the text amendment took the floor. She asked if staff
was recommending that a visual rendition of a future
wind turbine project be provided and Ms. Miller that the
rendition should be available. Ms. Kenney then asked if
Ms. Miller believed that the text amendment would deny a
project to arise with the expanded setback requirement and
Ms. Miller answered, “Yes.”
Ms. Kenney then asked, in that waivers were allowed
under the proposed text amendment, why a map of a
project had not been drawn. Ms. Miller answered, “How
can you create a map without knowing who would waive
their right.” A later addition to the text amendment request
would allow for any adjoining property owner to waive
their right to require a 2,640 foot setback. However, there
has, as yet, been no formal application from any group
requesting to site a wind turbine project in Boone County
and, as yet, it is unknown if any adjoining property owner
would waive their rights.
Others that spoke included Marion Thornberry and
Julie Van Laar and they were followed by Julie Newhouse
of rural Capron. She asked Ms. Miller, “In your opinion
does state wind energy law trump the public health?”
Ms. Miller answered, “No.”
Ms. Newhouse then asked, “Should zoning code make
rules to meet state standards?”
Ms. Miller answered, “If these setbacks were approved
that would be in conflict with zoning code.”
Ms. Newhouse asked if, in Ms. Miller’s opinion, “Is a
1,000 foot setback in place to protect the public health?”
Ms. Miller replied, “I think that does need to be looked
at.”
Tower heights in Boone County and in other counties
were discussed but with no conclusion was reached.
Ms. Krumm then asked Ms. Miller which counties
she had contacted in Illinois regarding their wind turbine
zoning code. Ms. Miller said that she had called many
counties and discussed their code over the telephone.
However, she was unable to remember specifically which
counties she had called.
No other members of the audience spoke however, the
only other matter to consider was to affirm that the October
ZBA meeting would allow members of the audience to
have up to two minutes to speak and to ask questions.
Before adjournment one point it was considered asking
if text amendment proponents would be allowed to rebut
evidence that had been presented by opposing parties
without allowing them a comparable opportunity to
rebut evidence presented
by the text amendment
proponents. That question
was, however, not resolved
and could come for further
discussion in the October
ZBA meeting.

than 1,000 feet from neighboring property owners. The
text amendment requests that the distance be extended to
½ mile or 2,640 feet.
The final report of the planning department was
delivered by the interim director, Kathy Miller. Before
she delivered the report, the ZBA chairman, Tony Savino,
asked Ms. Miller of her role as interim director of the
department.
Ms. Miller said, “Our role is to review applications for
zoning changes and to look at the evidence. We weigh the
‘pros and the cons,’ we do our research and we make visits
to sites.”
Mr. Savino asked if the opinion of the department could
change and Ms. Miller said, “If the evidence presented
changes we can change our opinion.”
Ms. Miller then entered into the staff report detailing

Mainstream challenges proposed changes in Wind Turbine Zoning as not legal

The Zoning Board of Appeals has concluded the witness phase of their public hearing regarding the amendment to the Wind Turbine ordinance. Only Mainstream gave testimony opposing the ordinance.  Next month “staff” will supply its finding/conclusion and a short (possibly two minute) comment statement will be allowing by individual members of the public.  Then the ZBA board will discuss and vote on its recommendations.

The following are the conclusions submitted by Mainstream and its legal counsel:

Their legal conclusions are based upon these two letters regarding legal presidence submitted earlier:  Schain and Banks letter dated January 23, 2015 http://boonecountywatchdog.blogspot.com/2015/01/mainstream-details-their-opposition-to.html  and Schain and Banks letter dated February 20, 2015   http://boonecountywatchdog.blogspot.com/2015/02/mainstream-renewable-powers-reaction-to.html

 

WORK IN PROGRESS

Mainstream’s full slide presentation will follow.

BCJ: Wind Turbine setback text amendment still months from a vote?

 

 

The above article is from the April 3, 2015 , Boone County Journal page 8 which is available without charge at merchants across the county and on line at:  http://www.boonecountyjournal.com/news/2015/Boone-County-News-04-03-15.pdf#page=1

Mainstream Renewable Powers reaction to the “revised” text amendment

Mainstream’s attorney believes the revision does not change the illegality of the proposed text amendment.

Mainstream’s reaction to the initial text amendment proposal is available at:  http://boonecountywatchdog.blogspot.com/2015/01/mainstream-details-their-opposition-to.html

The revision is available at:  http://boonecountywatchdog.blogspot.com/2015/02/planning-staff-continues-to-recommends.html

County Seeks Injunctive Relief

By James Middleton Since 2005, Plote Construction, Inc. has been involved in one form of litigation or another with Boone County. This is not to say that legal matters have occupied a significant allotment of legislative and judicial time. But, it is to say that Plote Construction came to Boone County with a goal that they obtained and their involvement with the county has required ongoing management by the Boone County Board and the Boone County state’s attorney Michelle Courier. Of late, a lawsuit was filed by Ms. Courier on behalf of Boone County seeking a temporary restraining order to require Plote to comply with the elements of their contract and the elements of the special use permit. On November 24, the honorable Judge C. Robert Tobin III handed down a written decision in the matter of County of Boone v. Plote Construction, Inc. et al. Judge Tobin’s decision denied a defense motion for dismissal of the lawsuit and he granted a temporary restraining order over Plote because of their violation of a contract with the county. The dispute that led to the lawsuit resulted from Plote allegedly operating their gravel extraction operation in rural Flora Township after the hours of operation that they had previously agreed. Judge Tobin’s written decision also denied Plote’s request that they should have extended hours of operation because Quality Aggregates enjoys extended hours of operation as part of an agreement with Boone County. Ms. Courier reasoned that the environment where Quality Aggregate operates is very different than the site operated by Plote. The extended hours request relates to a position advanced by Plote that is called “Most Favored Nation” (MFN) status that they believed should be granted to them to operate in a similar manner as does Quality Aggregate. The MFN status was included in the original agreement between Plote and Boone County in 2005 but after the special use zoning was granted to Plote to continue their operation and when a new contract was written, the MFN reference was not included. Judge Tobin opened his Opinion by recounting the history of the involvement between Plote and Boone County. The involvement dates back to 2005 when Plote filed a lawsuit naming Boone County and alleging that zoning changes made to the county zoning code were unconstitutional. The result of the lawsuit was for the then Boone County state’s attorney, James Hursh, to negotiate a settlement to the lawsuit. Plote wanted to reopen property that they held in rural Flora Township as a quarry. The essence of the settlement between the parties, according to Judge Tobin’s analysis, “They reached a settlement agreement that, in general terms, bound the County to issue a special use permit to Defendant’s for the use of the property as a quarry.” The county could impose their ordinances to govern the special use that would be extended for a five-year term and to allow for a renewal process. The initial agreement and special use process was approved by the Boone County Board and that agreement included the MFN language that allowed Plote to operate the quarry on days and at times comparable to the agreement with Quality Aggregate. During the contract renewal process, Plote sought to retain the MFN provision and this matter was debated at the County Board level. However, the MFN reference was not included in the new agreement and, instead, the County imposed specific hours and days of operation. What resulted were a number of resident complaints from those that reside in close proximity to the quarry indicating that Plote was operating in violation of the renewed agreement. On August 12, 2014, the Boone County senior building inspector, Drew Bliss, found that Plote was operating outside the parameters of the revised agreement. Plote had never applied for modification of the terms of the revised agreement. Judge Tobin also wrote, “Therefore, on August 12, 2014, Defendant’s were operating their quarry outside the hours of operation allowed for under their special use permit but within the

extended hours established in Quality Aggregates’ special
use permit.” Plote was operating their quarry as if the
MFN language remained within the revised agreement.
Judge Tobin also provided his analysis to support denial
of the motion by Plote to dismiss the lawsuit. He cited
the Illinois Code that details what a motion to dismiss is
designed to accomplish. “The primary purpose of a Section
2-619 motion is to provide a means to dispose of issues of
law or easily proved issues of fact. However, if it cannot
be determined with reasonable certainty that the alleged
defense exists the motion should not be allowed.” Judge
Tobin posed a number of questions within the context of a
motion to dismiss and concluded that the questions cannot
be answered. He wrote, “Based upon evidence unknown
to the Court, it is possible Defendants can assert a cause of
action; likewise, it is equally possible (again, based upon
evidence unknown to the Court) Plaintiff could have a
defense. Because of this uncertainty, the motion to dismiss
by Plote was denied.
Judge Tobin then engaged in an extended discussion of
the County’s motion seeking a temporary restraining order.
The purpose the county sought was for the judge to restrain
the activity of Plote and require them to limit their hours
and days of operation according to the previous agreement
and not according to the hours and days of operation
granted to Quality Aggregates.
Ms. Courier clarified, “Plote wants to be compared to
Quality Aggregates and their situation is very different from
Plote.” She explained that the environment where Quality
Aggregates operates is not adjacent to or near residential
areas that have been in existence for many years. The site
where the Plote quarry is located has residences that are
directly adjacent to where the blasting and rock removal
process is occurring.
Judge Tobin concluded his analysis of how and when
a restraining order may be granted and explained how
court approved tests were not successfully argued by the
Defendant to avoid imposition of the restraining order.
Judge Tobin wrote, “The Plaintiff alleges that an ordinance
was passed that controlled the hours of operation of the
Defendant’s quarry. There is a presumption that the
ordinance is valid. The Plaintiff submitted an affidavit
asserting Defendants have operated their business outside
the hours of operation allowed in the ordinance and special
use permit. Defendant does not deny such operation
occurred. The County Code grants Plaintiff the authority
to seek injunctive relief.” The judge asserted in that the
merits of a cause of action seeking a permanent injunction
would likely succeed and for that reason, the temporary
restraining order was granted.
It should be noted that the temporary restraining order
bars Plote from continuing their quarrying operations
outside the hours and days of operation specified in the
ordinance that guides that activity or in the special use
permit.
Ms. Courier said that another status hearing is scheduled
in Judge Tobin’s Court on January 15 when her office will
continue to pursue a permanent injunction. If successful,
the goal of the lawsuit would bar Plote from operating their
quarry in abrogation of the parameters of the ordinance and
the special use permit.

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

FAIRNESS IN GOVERNMENT You be the judge.

FAIRNESS IN
GOVERNMENT
You be the judge.

Guest Editorial
By Cathy Ward
Four years ago, former Belvidere Boone Planning Director Adam Tegen left our
Belvidere/Boone Planning Department, leaving Kathy Miller and Gina Delrose in
charge during some of the most challenging days in the history of the county during
the emotion-packed, long-winded wind-farm and Plote hearings.
Adam was not replaced-leaving Kathy and Gina sharing his workload. Kathy was
named interim director. Gina was still associate planner. Fast forward to four years
later. Kathy is still interim director, Gina is still associate planner and raises for
both have been minimal. One year during the recession there were no raises for the
county. The next year, none for the city, still doing the work of three.
As many of you know, they were not always treated with the dignity and respect
all our employees deserve, and that’s putting it nicely. The verbal abuse, insults and
rudeness have been the worst I’ve seen in years. Some people took any chance they
could to try to make them look incompetent or untrained. They are neither.
For four years, they have done all that was asked. People who work with them
say they have always remained professional. They have been informative, done the
research requested, been polite in the process, gone the extra mile and been involved
in many community activities on top of their workload.
But nothing has been done to give them the titles and raises they deserve. I hope
it’s not just because they are women. The abuse they have taken without leaders
stepping in has been incomprehensible. I truly believe the good people of this county
would not judge this favorably. Most don’t know this is happening, I’m sure. Let’s
hope there is a change, soon.
Also judge this one. One of our county departments, the probation department,
comes to us every year demanding at least a 3% raise, even though most years, our
other departments are getting less. I’ve always objected to this. This year, the rest of
our departments are getting a 2% raise.
I was much encouraged when our finance committee voted 5-0 to say “No. They
said probation gets the same as the rest, 2%. But a few days later, I found out a few
of our finance committee and chair met with the probation people, not the entire
finance committee, and agreed to give the 3% again, that’s on top of repeated 3% of
previous years.
None of the other departments, like the assessor’s office, building department,
health department, clerk’s office, or state’s attorney’s office came to me asked for
salaries to match the probation department. I think they, and our taxpayers, just
expect our board members to make sure we are treating all as fairly as possible. At
Wednesday’s meeting, the majority of the board sided with the chair and agreed to
give probation the 3% raises again. The only rational I heard was that the probation
department raises enough money from fees for the extra increase and can squeeze the
money from those fees. Unbelievable. Many departments bring in fee money. None
asked for a bigger slice of the pie. I suggested all departments find the extra money
some place in their budgets and do the same. Now. One board member said maybe
the other departments could hold fund raisers. Seriously?
In my world, that’s just not fair. You be the judge. Talk to your elected officials.
Please.

UPDATED: Status Hearing on Plote Case Thursday at 1:30

UPDATE:   Judge Tobin grant a temporary restraining order effective 6:00PM Thursday—No after hours or Sunday operations

The above information is as of 11-12-2014 at 9:20AM. 

To check for an update go to:  http://www.judici.com/courts/cases/case_information.jsp?court=IL004015J&ocl=IL004015J,2014CH170,IL004015JL2014CH170D1

SEPTEMBER 17, 2014: Highlights of the September Boone County Board Meeting

Below in black  is the agenda taken from:  http://www.boonecountyil.org/sites/default/files/CBAgenda%2009-17-2014.pdf

Important Highlights as seen by Bill Pysson

5.1.  Marshall Newhouse is appointed to Health Board by a 7-5 vote.  Mrs. Ward spoke at length how the Health Board needed another women or a Latin, to reflect the county’s and clinic’s demographics. Prior to the vote a motion to repost the appointment  for 60 days  was proposed by Bill Pysson.  The motion was defeated 5 to 7.

9.1. The Garden Prairie Peaker Plant special use permit was unanimously.  Neighbors of the proposed facility addressed the board requesting denial.  Board discussion reviewed original decision and clarification what were proper basis for approval and denial.

9.2  Voice vote unanimously approved clarification of the right to build a residence on a   “lot of record”.

9.3  In keeping with the state legislation on medical cannabis only Industrial Zoned property (I-1) is allowed for either growing or dispensing cannabis. Vote was unanimous. 

10.2  Based upon a recommendation of the States Attorney, the county board did not add to the Animal Service referendum the projected cost of borrowing $800,000 for the new building.  Bill Pysson asked if a “resolution” could be passed to answer the question of costs.  The answer was “Yes” however because this resolution was not on the agenda it could not be voted at this meeting. Sadly the advocates of the referendum will not have a cost for this proposed building for another month.

11.1  For the first time—the county’s farmland was leased based upon the highest bid (rather than private negotiation).  Despite a fall in commodity prices in 2014, the lease price increase $30 per acre to $280.  After some discussion regarding the lease terms the vote was unanimous.

21.1 Collective Bargaining Agreement with Correction Departments is approved.

21.2  A proximately $13K compensation settlement was approved.

 

 

Wednesday, September 17, 2014
Boone County Board Meeting
COUNTY BOARD ROOM, 1212 Logan Ave., Belvidere, 6:30 P.M.

1. Call to Order
1.1 Opening of Meeting
2. Roll Call
2.1 Roll Call
3. Approval of Agenda
3.1 Approval of Agenda
4. Minutes
4.1 Approval of County Board Minutes
5. Appointments and Recognition
5.1 Appointments and Recognition
6. Public Comment
6.1 Public Comment
7. Reports from Community Agencies
7.1 Growth Dimensions
7.2 Council on Aging
7.3 Court Appointed Special Advocate
7.4 Board of Health
7.5 Other (RREDD)
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8. General Consent Items
8.1 Fund Transfers
8.2 Road Projects
8.3 Raffle Permits
9. Standing Committee: Planning, Zoning, and Building
9.1 Motion to Approve Ordinance 14-42 Extending the Special Use Permit for the Garden Prairie Peaker Power
Plant for Powers Venture Group. PZB (4-0); CB()
9.2 Motion to Approve Ordinance 14-43 Amending the Boone County Zoning Ordinance regarding Section
3.2.3.B.3 Lot of Record Language. PZB (4-0); CB()
9.3 Motion to Approve Ordinance 14-44 Amending the Boone County Zoning Ordinance Establishing Medicinal
Cannabis Dispensaries and Cultivation Centers. PZB (5-0); CB ()
9.4 Motion to Approve Ordinance 14-45 Granting a Zoning District Change from B-1 General Business to
Traditional Neighborhood Residential at 1082 Irene Road. PZB (4-0); CB ()
10. Standing Committee: Finance, Taxation and Salaries
10.1 Motion to Approve Claims with the Understanding that Kenny Freeman Abstains from Voting on all Claims
Presented by William Charles and Associates and Karl Johnson Abstains from Voting on all Claims Presented by
HD Supply. (Approved 5-0)
10.2 Motion to Approve the Following Language be added to Describe Animal Services Building Ballot "The Owner
of a $100,000 home would pay about $8.50 each year for three years". (Approved 5-0)
11. Standing Committee: Roads and Capital Improvements
11.1 Motion to Approve High Bid from Ed Kasper for the Farm Rental Agreement in the amount of $280.00/acre,
Contingent on the current tenant, Gerald Hulstedt, having until September 30th to match the offer and remain
the tenant. (Approved 5-0)
11.2 Motion to Approve Resolution 14-46 Allowing Membership of the Rockford Mass Transit District to the
Rockford Metropolitan Agency for Planning Policy Committee. (Approved 5-0)
12. Standing Committee: Health and Human Services
12.1 Motion to Approve Intergovernmental Mutual Aid Agreement for the Establishment of the Illinois Public
Health Mutual Aid System. (Approved 4-0)
13. Standing Committee: Administrative and Legislative
13.1 Motion to Approve Creation of the "Foreclosure Mediation Fund" for the Foreclosure Mediation Program to be
implemented by the by the 17th Judicial Circuit. (Approved 5-0)
13.2 Motion to Approve Boone County Holiday Schedule 2015. (Approved 5-0)
14. Standing Committee: City-County Coordinating
14.1 Motion to Approve Scope of Work from TRC for Landfill Gas Collection System repairs at Landfill #2 in the
amount of $12,750. (Budgeted)
14.2 Motion to Approve Proposal from CERONI Piping for Landfill Gas Collection System repairs amount to be
determined. (Budgeted)
14.3 Motion to Approve Ordinance 14-47 extending the Boone County Enterprise Zone until July 1, 2016.
15. Standing Committee: Public Safety
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15.1 No Motions
16. Special Committee Reports
16.1 Workforce Investment Board
16.2 Community Building
16.3 UCCI (United Counties Council of Illinois)
16.4 Farmland Protection Committee
16.5 911 Board
16.6 Other Committees
16.7 Scheduled Committee Meetings
17. Unfinished Business
17.1 Unfinished Business
18. New Business
18.1 Drug Court Grant for 2015
19. Informational Items
19.1 Informational Items
20. Executive Session
20.1 Litigation
20.2 Collective Bargaining
20.3 Land Acquisition
21. Anticipated Motions From Executive Session
21.1 Motion to Approve Collective Bargaining with the Fraternal Order of Police for the Correction's Department.
21.2 Motion to Approve Workman's Compensation Settlement with Sandra Rogers.
22. Adjournment
22.1 Adjourn the meeting

9-18-2014 UPDATE on Plote CASE

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.

SLICE: Gina DelRose invested in Belvidere-Boone County

Gina DelRose invested in Belvidere-Boone County

She brought a downtown farmer's market to life, and that's just the start of Gina DelRose's list of accomplishments.

When she's not keeping a close eye on development as associate planner for the Belvidere-Boone County Planning Department - making sure that, long term, change will only improve the quality of the community - she's heavily invested in the region.

"It's my home," DelRose said, explaining that a community is only as good as the human investment put into it.

DelRose helps lead the Farmland Protection Project and volunteers with hospice. She also helping out at various events and fosters dogs for Boone County Animal Services.

She graduated from Joliet Catholic Academy, the institution that also schooled Daniel Ruettiger, the inspiration for the film "Rudy" and from Southern Illinois University.

She was interning in the Tinley Park planning department when she thought about sticking with planning as a career. She enjoyed the analytical aspects of the work, along with conversing and dealing with developers.

"Every day it was different. Every day it was a different project."

She turned to conceptualizing a downtown farmer's market because another was in the Dodge Lanes parking lot, heading out of town.

It's centrally located, in the Hub Plaza, and is in its third year.

Plote being sued by States Attorney for violation of Boone County Zoning Act

 

UPDATED 8-25-2014

The following appeared on the 17th Circuit, Boone County website today.   SEE: http://www.judici.com/courts/cases/case_history.jsp?court=IL004015J&ocl=IL004015J,2014CH170,IL004015JL2014CH170D1

It was only last month that Plote was granted an extension of it special use permit by the Boone County Board.  Bill Pysson voted against the extension because “the county did not have an adequate inspection procedure established’.  The complaint alleges Plote was  operating outside the approved hours.

Plote Case continues

Belvidere Daily Republican: Plote Quarry special use goes back to zoning board

By Bob Balgemann
Reporter
BELVIDERE - Beverly Materials' request for an early renewal of a special use permit for mining operations at the Plote Quarry is heading for another hearing before the zoning board of appeals.
That action came Wednesday night on March 19 in a 6-4-1 vote of the Boone County Board. Members Denny Ellingson, Bill Pysson,... Craig Schultz, Marion Thornberry, Ron Wait and Cathy Ward supported the motion, made by Pysson. Opposition came from board Chairman Bob Walberg and members Chris Berner, Brad Fidder and Paul Larson. Member Kenny Freeman abstained; member Karl Johnson was absent.
Reconsideration won't occur until the April 22 meeting of the zoning board. The current special use expires Jan. 30, 2015.
Pysson moved for the delay because he didn't believe residents had been given enough time to provide additional evidence to support their views on the quarry.
Some neighbors have claimed the quarry has violated conditions attached to the special use permit. But attorney Warren Fuller, representing Beverly Materials, said that's not the case.
"There's not one item in the settlement agreement that we haven't complied with," he said. "We have complied with the letter and the spirit of the agreement."
Presumably the additional time will give residents opportunity to prove their allegations of non-compliance.
Responsibility for keeping track of results from ongoing monitoring of groundwater took up most of the board's time Wednesday night. Beverly Materials has retained Patrick Engineering to collect the water samples, with testing done by another company.

NO SPECIFICS
The health department has been criticized for not paying close enough attention to test reports, resulting from quarterly water samples taken from each of the three monitoring wells. But the original agreement allowing the mining operation only stated that reports were to be sent to the county.
The current health department administrator, Cynthia Frank, reminded the board of the following facts:
• The department is not qualified, nor does it have the equipment, to monitor the wells.
•
• The department tests water from residential wells. Monitoring well tests are far more extensive than those conducted on residential wells.
•
Frank said she had no problem with monitoring well reports being sent to the health department. But she wanted language in the special use permit to be specific as to the department's responsibilities.
"I want to be sure that in 10 years, when this comes up again, that the health department isn't persecuted for not monitoring these wells," she stressed. "We cannot do that."
County Environmental Health Director Bill Hatfield also objected to some of the wording in Condition 18, requiring Plote to have not less than three nor more than six monitoring wells. He didn't like the following sentence: "The number and location of the wells shall be established with the advice and consent of the Boone County Health Department."
"The (three) wells are already there," he said. "They never had the advice and consent of the health department." He asked that the sentence be deleted.
"It's not accurate," Frank interjected.
Interim Planning Director Kathy Miller agreed the language didn't need to be in there.
There was uncertainty as to who approved the location of the current monitoring wells, which are situated between the quarry and nearby homes.
Dave Zumbrunn, general manager of Beverly Materials, said Patrick Engineering selected the locations of the wells, with approval by county staff. While he didn't specify who "county staff" was, he said with certainty that the Illinois Environmental Protection (IEPA) was not involved.
In the future, board member Ellingson said if more wells are sunk, the health department and IEPA should be aware of where they are located.

County Appointments Currently Available

 

Appointment Vacancies:

The following are volunteer Boards of the County of Boone that have vacancies:

Interested parties are asked to send a letter and resume expressing your interest and qualifications to Boone County Board Chairman Bob Walberg, 1212 Logan Ave., Suite 102, Belvidere, IL 61008. Please respond by April 18, 2014 to assure being considered.

Sanitary District Board of Trustees

One (1) vacancy for a term that will expire May 1, 2014

Boone County Ethics Commission

Three (3) vacancies for a term that will expire June, 2015

Boone County Board of Review

One (1) vacancy for a term that will expire June 1, 2016 (This person must be of the Republican Party)

Boone County Zoning Board of Appeals

One (1) vacancy for a term that will expire June 1, 2019

Boone County Building Board of Appeals

One (1) vacancy for a term that will expire June 1, 2019

Belvidere Daily Republican: News in Brief

Comments to be limited at mobile home park meeting

Feb. 16, 2014

By Bob Balgemann

Reporter

POPLAR GROVE - The next stop for the proposed 304-unit mobile home park on South Poplar Grove Road will be Feb. 24, before the village's administration committee.

As part of that evening's regular monthly meeting the committee, consisting of three village board members, will consider the two-part recommendation of the planning and zoning commission. During its Feb. 4 meeting, the commission recommended approval of rezoning the 71-acre property from LI, light industrial, to R-5, mixed residential district. But it recommended denial of the requested special use permit, which is needed for the project to happen.

Protocol allows visitors to address the administration committee at the beginning of the meeting. They must fill out a sheet, stating their name, subject, turn it in to the chairman and limit their comments to five minutes.

In this case, committee Chairman Ron Quimby said Feb. 9 that he would ask speakers not to repeat what was said during the P&Z meeting, which was a public hearing on the proposal.

"This is not a public hearing," he said. "It's not a debate or a forum. It's a meeting of the administration committee."

If new information is presented, he said the committee will have to decide whether to refer the issue back to P&Z for further discussion.

Once the public comments portion of the meeting is over, he said those in the audience would not be allowed to make additional statements while the committee is discussing the matter.

Transcripts and minutes will provide committee members with detailed information on what transpired during the P&Z meeting, he said. Beyond that, member Don Bawden was in attendance.

The committee will have three options on Feb. 24: make a recommendation for consideration by the full village board in March; allow the matter to die in committee; or send it back to P&Z for additional discussion.

Pritchard questions delay in state budget BOONE COUNTY - State Rep. Bob Pritchard, R-Sycamore, is asking why Gov. Pat Quinn needs five more weeks to prepare his proposed 2014-15 state budget.

But he answered his own question with the following statement: "It is painfully obvious, however (that) he is afraid to tell voters before the (March 18) primary election how much he needs to cut spending to balance the budget. Or that he wants to continue the current income tax rates."

"We all knew this day was coming, when the income tax (increase) was passed with its provisions to roll back rates," he added.

Pritchard, who represents Boone County in the General Assembly, said if legislators were sincere about lowering the tax rate, the governor should have been trying to reduce spending rather than fighting efforts to manage programs more efficiently; reduce fraud, which has been estimated at over $1 billion; and help those who can to get off government programs.

The governor's Office of Management and Budget and the Commission on Government Forecasting and Accountability already have their budget estimates for the new year.

"Delaying the budget address and not revealing his fiscal priorities make it even harder on the House appropriations committees, as they draft the budget by May 31," Pritchard said. "Waiting until March 26 (for the governor's budget) delays the entire process, builds expectations in groups for more funding than is available and forces last-minute decisions."

A related consequence, he said, is that school districts across Illinois must announce staff reductions by the end of March due to cuts in state funding and have only a few days to make their decisions.

Of the delay, North Boone Community Unit School District Superintendent Steven Baule said, "it will require that we make deeper than normal reductions in force at the March board meeting. Due to the uncertainty of the state budgeting process and the potential of even greater loss of general state aid and other state funding, North Boone may be looking at making deeper than normal staff reductions at that time."

 

News in Brief Beverly Materials to seek early renewal of quarry permit

Feb. 13, 2014

By Bob Balgemann

Reporter

BELVIDERE - Beverly Materials LLC isn't going to wait until January 2015 to request renewal of its special use permit to mine more than 200 acres at the Plote Quarry off Town Hall Road.

The Belvidere-Boone County Planning Department is working up material for that public hearing, which will be scheduled before the county zoning board of appeals at its March meeting.

Meanwhile, the county health and human service committee, in concert with the county health department, has agreed with a revision to the process for checking water quality, through samples taken from three monitoring wells on the quarry property.

First, Patrick Engineering, which is taking the samples for Beverly Materials, will have the reports professionally certified. That is not currently being done. Second, a county representative may accompany sampling personnel and take a split sample from the one collected by Patrick Engineering. The county then will have its sample sent to a different laboratory for testing. That cost is estimated to be $300, based on $100 for each well. Bill Hatfield, director of environmental health, sent those options and others to the committee at its Feb. 6 meeting.

The precautions are being taken on behalf of residents living near the quarry, who are on well water. They expressed concern about the quality of water through spokesperson Sherry Branson, during a public hearing last year on Beverly's request to extend the special use permit, which should have happened three years ago.

Branson was at the committee meeting and on behalf of residents who live near the quarry thanked members for agreeing to have split water samples, which would be independently tested. Samples are to be taken quarterly. But Hatfield said weather kept Patrick from taking the samples in December and January.

"The ideal situation is No. 3," said committee member Marion Thornberry, referring to the split samples. He agreed that Beverly Materials should pay for to have the county's samples tested.

Hatfield also provided other options, which the committee rejected. "I don't like (options) four or five because the county would be spending money," member Kenny Freeman said.

Board of Health re-elects officers BELVIDERE -

The Boone County Board of Health has re-elected officers for the coming year. Kent Hess, M.D., returns as president; Jim Cox as vice president; Allen Sisson as treasurer; and Kathleen Taylor as secretary. The votes, all unanimous, came during the board's Feb. 3 meeting, with seven of the 11 members present.

Dr. Hess' current term expires in 2016; Cox and Sisson in 2015; and Taylor in 2016. Board members are appointed by the county board chairman, with the advice and consent of the full county board.

The election had been on the board agenda for several months, but continuously was postponed for various reasons. "I hate to keep putting this off, but we barely have a quorum," Sisson said. A quorum is needed to do business and it takes six of the 11 board members.

Board member Dean May pointed out that only seven members were present while Taylor added, "Those who regularly attend are here."

The board of health oversees the county health department.

 

North Boone teachers one step closer to strike

Feb.13, 2014

By Tricia Goecks

Editor

POPLAR GROVE – The Poplar Grove United Methodist Church was the site of a rally of nearly 100 North Boone educators as they move closer to a strike. On Feb. 6, the North Boone Educators Association (NBEA) voted with a 97 percent margin to authorize the teacher’s union to set a strike date.

The union has been negotiating a contract with the North Boone Community Unit School District #200 school board since June. The parties declared an impasse and are currently working with a federal mediator to resolve the remaining outstanding issues.

The three major sticking points are merit pay, two tier salary schedule and the union’s demand for “just cause” discipline.

The NBEA’s talking points describe the merit pay issue as “based on administrative whims creates a toxic work environment, stifling creativity and teamwork and ultimately undermining student achievement.”

According to the Board of Education proposal, teachers who receive a needs improvement or unsatisfactory would not receive automatic step increases. According to the Board proposal, similar scales have been put in place in other area districts.

According to the Board of Education’s proposal, it “retains the intent of recent Illinois laws related to the ability to reduce the least proficient teachers as opposed to the newest teachers when reducing overall staffing.”

“We are concerned because the principal will rate you. It lends itself to be subjective,” said Poplar Grove Elementary School fourth grade teacher Heather True.” You wonder if it would be in their best interest for someone who is newer and paid less to give them better ratings.”

The teachers are rated according to the Charlotte Danielson framework for teaching that divides teacher responsibility into four categories: planning and preparation, classroom environment, instruction, and professional responsibilities. Teachers expressed concern that their job performance was rated on attendance of after school activities.

“The two tier salary pay scale pits people against each other. It is not something that builds the school district up,” said True.

The NBEA talking points asked “why would new teachers come to North Boone knowing they will permanently make less than their peers? Why would we alienate young teachers who represent our District’s future?”

The NBEA’s talking points on just cause state “when we feel we have been treated unfairly, disciplined without a good reason or ‘just cause,’ we want the right to challenge that decision.”

“We know there are some staff who have tenure and seniority, it would be cost effective for them to find fault,” added True.

“If someone should bring up a charge against a teacher, there would be a panel, the administrators, the union, to investigate to find out if it happened and if there were a reason to reprimand the teacher or let them go,” said True. “They want to eliminate that, and we would not be afforded that protection.”

According to the BOE’s proposal, it is willing to add just cause language in the event of a discipline issue that would result in a teacher’s termination. The BOE proposal states that teachers are currently protected under state law.

As of press time, the results of Monday night’s mediation were not determined.

“It has been a long process. Hopefully the positive that will come out is everyone can come back with something workable and we’ll go forward and be renewed,” said True. “I hope.”

Check on these and other BDR stories by clicking on the following:  rvpnews | Belvidere Daily Republican

Residents crowd meeting to oppose Poplar Grove mobile home park development -

 

Associate Planner Gina DelRose said there are concerns about whether the project would disturb wetlands, like the site plans indicate, or how usable the recreational space would be since it would be located in areas that frequently flood.

Residents said they are worried about the type of people these mobile home parks would attract to the community.

Jim Hursh, who is representing the applicant, and Tim McCarty, project manager, assured community members Tuesday that the wetlands would not be disturbed and signs would be placed on the property notifying residents about these areas.

McCarty said all units would be high-end, and if community members were blindfolded and walked inside one of the units, they would not be able to tell the difference between the manufactured homes and other area homes.

"Nobody in this town would be embarrassed about (the units)," McCarty said.

The applicant's reassurances weren't enough to win support of the project from the Planning and Zoning Commission nor staff with the Belvidere-Boone County Planning Department.

Read the entire article by clicking on the following:  Residents crowd meeting to oppose Poplar Grove mobile home park development - News - Rockford Register Star - Rockford, IL

The Belvidere Daily Republican Featured News

Truck parking issue returns to county board

Nov. 19, 2013

By Bob Balgemann

Reporter

BELVIDERE - The question of whether Mladenko Josipovic is allowed to park a semi-tractor and trailer on his 5.2 acres along Caledonia Road is up for reconsideration Wednesday night (Nov. 20) by the Boone County Board.

The issue has been on a roller coaster ride since the requested special use permit was first considered last summer.

Unanimous recommendations for approval came from the zoning board of appeals (ZBA) and planning, zoning and building committee (PZB), the latter a standing committee of the county board made up of five county board members. Planning staff recommended denial, primarily because of the proximity to so many homes.

The county board voted 10-1 to deny the special use at its Sept. 18 meeting.

But Josipovic appeared at the Oct. 2 PZB meeting and asked that his case and the county board vote be reconsidered. The committee agreed to forward the matter to the county board for discussion on Oct. 16.

County board members then voted 7-5 on Oct. 16 to reconsider their action of Sept. 18. County state's attorney Michelle Courier said a vote to reconsider automatically would table the issue until the November meeting.

Josipovic neighbors John and Christina Porto have been at all the meetings, steadfast in their request that the special use not be granted.

Points to remember

They plan to be at the Nov. 20 meeting with John Porto asking the board to consider the following points before making a decision:

At the Aug. 27 ZBA meeting Josipovic swore under oath that as soon as he applied for a special use permit on June 20. He reduced the number of trucks on his property to only his own and that he would park the semi-cab in his garage, with only the trailer parked outside.

Porto plans to ask the board to remember that photographs and letters of violation were sent out, showing that promise was not kept.

He also plans to remind the board that at the Sept. 18 meeting he and his wife submitted more photographs of the semi parked outside. They also complained that his tractor was still idling along the property line, near their home. And they expressed concern about Josipovic blocking both lanes of Caledonia Road while backing his tractor and trailer on to his property.

Interim planning director Kathy Miller, in an e-mail sent to county administrator Ken Terrinoni and county board chairman Bob Walberg, stated Josipovic said he was out of town Sept. 18 and unable to attend the board meeting.

Porto will ask the board to remember his submitting documents containing information that Josipovic returned home about 5 p.m. that night and also filed a police report the same evening.

It is Porto's opinion that the county board denied Josipovic's special use permit because of his continued noncompliance and absence from the Sept. 18 board meeting. In addition, he said no valid reason was given for reconsideration of the Sept. 18 vote.

The reasons for denial still hold, the Portos believe, and they are asking the board to uphold its Sept. 18 action.

Bliss said in a follow-up interview that he had visited the Josipovic property after Oct. 16, when he was in the Candlewick Lake area on other calls, and did not see either the tractor or trailer.

 

Growth Dimensions launches new website

Nov. 19, 2013

BELVIDERE – Growth Dimensions announced the launch of its new website: www.growthdimensions.org. The new site is designed to showcase the character of Boone County and its business community.

The website also includes the professionally produced video entitled Boone County Anthem.

Belvidere-Boone County is strategically located in relation to major expanding markets for goods, services and suppliers. The area is part of the budding I-39 and I-90 Logistics corridor, close to major employment centers and is served by interstates, rail and air service.  Boone County is the heart of the Midwestern industrial belt and is only one hour from Chicago.

Major corporations in automotive, food processing, and manufacturing grow and prosper in Boone County, including Chrysler, General Mills, Dean Foods, Grupo Antolin, Franklin Display Group and others.

The new website, a virtual repository for economic development information for Boone County, offers a streamlined user experience. The new sleek and vivid site features pages covering topics of: Business Growth, Workforce Development, Community Living, as well as News and Events. Other important components include demographic, labor and educational statistics, maps, current images, featured sites and buildings, and information on incentives such as the Belvidere-Boone County Enterprise Zone. The site enables the user to easily access all of this useful and timely information in a clear-cut and organized format. The website was designed with the mobile visitors in mind, automatically adjusting itself to fit different screen widths to accommodate computers, tablets, and mobile phones.

Then Boone County Anthem video weaves together business, workforce, and the quality of life in Boone County to tell the story of why this is a great place to live, work, and play. We invite you to view and share the video.

 

Boone County real estate transactions recorded Nov 5-8

Nov. 15, 2013

BOONE COUNTY - Following is a list of the Boone County real estate transactions recorded during Nov. 5-8.

Recorded Nov. 5

135 Lamplighter Loop SE, Poplar Grove, $70,500, Federal National Mortgage Assoc. to Dustin Coursey.

4135 Chandan Blvd., Poplar Grove, $99,900, Federal Home Loan Mortgage Corp. to Della Springer.

3000C Trillium Tr., Poplar Grove, $50,000, Edmund Der to Mariola E. Kordek.

8779 W. Ridge Dr., Belvidere, $162,900, Federal National Mortgage Assoc. to Thomas White and Beverly White.

Columbia St. lot, Belvidere, $29,919, Smith Investment Co, LLC to Central Commodities, Ltd.

Recorded Nov. 6

288 Edgewood Lane, Belvidere, $105,000, Mary Drexler Collins, trustee, to Adam M. Hodzic.

384 Prairie Knoll Dr., Poplar Grove, $134,900, Federal Home Loan Mortgage Corp. to Melissa S. Behm and Linda A Hoving.

Recorded Nov. 7

1712 Foxfield Dr., Belvidere, $117,500, Dennis A. Paul to Claudia Vazquez.

13850 Beaverton Road, Poplar Grove, $164,900, Federal Home Loan Mortgage Corp. to Emilio F. Vallez and Sarah J. Vallez.

501 Bounty Dr. NE, Poplar Grove, $74,000, Federal National Mortgage Assoc. to Cynthia Speer.

8785 Sheffield Dr., Belvidere, $81,500, Thomas Boettcher and Helen Boettcher to PMI Acquisitions, LLC.

669 Illinois Rt. 173, Caledonia, $44,000, Lyle R. Spencer to Tammie R. Marks.

Caledonia Road acreage, Caledonia, $105,000, Gordon D. Lucas, trustee, to Dennis Luckey.

Recorded Nov. 8

1407 Iles Ave., Belvidere, $124,900, Wells Fargo Bank NA, trustee, to Steven M. Riley and Lydia R. Riley.

200 Staffordshire Dr. NE, Poplar Grove, $69,701, Judicial Sales Corp. to American Homes 4 Rent Properties Five, LLC.

1015 Maple Ave., Belvidere, $40,000, Secretary of HUD to Andrew Anderson.

1621 Kirby Ct., Belvidere, $198,000, Federal National Mortgage Assoc. to David E. Dunham and Lisa M. Dunham.

706 Tuneberg Ct., Belvidere, $80,000, Ron Davison to Rosa Maria Altamore.

To read Belvidere Daily Republican’s recent features go the the following:  rvpnews | Belvidere Daily Republican

County grants Plote renewal but no extended hours

The above is taken from the October 25, 2013 Boone County Journal which is available free of cost at merchants across the county and on line at:  http://www.boonecountyjournal.com/news/2013/Boone-County-News-10-25-13.pdf#page=1

Zoning Board of Appeals Agenda

It is all Wind Turbines next week at the ZBA