Letter from former board member Terri Glass:
December 15, 2012
Boone County Board
RE: Changes to the Zoning Code relating to wind power Dear Board Member:
I realize that each of you has already formed your opinion and decided how you are going to vote. Some of you have read the proposed changes. Some of you have not. Some of you may understand the proposed changes. Some of you may not. Most of you are basing your vote on your personal opinion of wind turbines. What many of you have not done is to consider the legal ramifications of your vote. Have you considered the impact on intergovernmental relationships?
Before identifying several questions I’d just like to assert one point, the difference between permitted uses and special uses. In a few brief words…permitted uses are land uses that are permitted by the zoning code as long as they meet the pre-determined guidelines. Special uses allow for the land use but ONLY after the proposal is considered on the individual merits and specialized guidelines are decided upon by an extensive process (conditions.) The proposed changes to the zoning code read more like amendments to permitted uses and less like guidelines for special uses.
But let me ask you these questions:
1. Have you asked the Planning Department to take the proposed changes and map
out exactly where wind turbines will be able to be situated based on the proposed setbacks? Illinois state law permits wind turbines, therefore the county cannot legislate them out of existence. So, where can they be situated if these proposed setbacks are adopted?
2. Can the State’s Attorney SUCCESSFULLY defend a legal challenge? It will be her job to defend Boone County, when or if, a lawsuit is filed…but will she be successful? Is it likely that a judge will strike down the ordinance and implement changes to which Boone County has no control? We have quarries in this county that are in existence because the court ordered it so. This leaves Boone County with little or no control over them.
3. What precedent are you setting by placing these restrictions (i.e. setbacks, decommissioning plans, etc)? What about future companies that want to develop here?
4. What does the EDD say about wind turbines? Boone County provides financial support to the EDD to encourage regional and local economic development. The EDD specified alternative energy as one of their Top Ten Targeted Industries. (page 6 Comprehensive Economic Development Strategies 2009-2014 http://www.rockfordil.com/CEDSdraft.pdf)
5. What is missing? Are the terms sufficiently defined. For example, what is a pipeline? Is It defined in the Zoning Code?
6. A government should never pit neighbor against neighbor. This proposal does exactly that. It permits a non-participating landowner to determine what a neighbor can do. The County Board should do what it is intended to do--legislate. Then they need to step up and take responsibility for their decisions. To place this on the backs of neighboring landowners is simple inexcusable. Additionally, find one other instance in our Code where the non-participating landowner has the authority to make this kind of determination? And now ask yourself what kind of precedent will you be setting for potential (currently unknown) development.
7. Let me bluntly state that the proposed changes to the code were NOT researched by experts. The proposed changes came at the hands of the previous PZB committee. Those PZB members (including myself) had preconceived ideas of wind turbines. It is reasonable to consider the fact that the research that led to the creation of the proposed changes may lean one way or another. Ask yourself who created the setbacks? How and why? What relationship did she/he have to potential non-participating landowners? Who created the decommissioning section? What is his/her personal opinion of wind farms? Who created the current proposed changes? Why did they select that portion of the code? How did they come to the conclusions they came to?
8. We, here in Boone County, often blame Rockford and Winnebago for not being conscientious of Boone County when it relates to economic development. Perhaps it is time to question how and why we continue to undermine ourselves.
If you have not asked or answered these questions, then perhaps you need to ask if you have done due diligence. Only you can determine whether that.
For those who oppose the proposed setbacks, why do you oppose them?
For those who support them why do you support them?
Is it your intent to legislate them to the point where they cannot be built? Is it legal to do so?
Have you ever really searched for evidence that contradicts your pre-formatted opinions or did you just seek out data that supports your beliefs? Lets face it, the “anti wind-farm” advocates or the would never present evidence that opposes their ideals: nor would the “pro wind-farm”advocates. It is reasonable to believe that most people will seek out answers that prove what they want to prove.
I was on the board when the first proposal came through. I was on the board and the PZB for the development of the changes you are going to be voting on. I am well-educated on the arguments for and against wind farms. There is no conclusive evidence that wind farms harm property values or cause health issues. There is no conclusive evidence that they don’t either. Boone County must be reasonable and rational is its laws and ordinances. It cannot act blatantly one way or the other. I did not or could not support these proposed changes. Not because I am for or against wind energy, but because there are inherent problems. Problems that are going to cause more problems than they solve. Problems that will surface in other arenas. You may think that this solves the issue of wind turbines, but that is only thinking within the confines of wind energy. In other words, are you willing to cut off your nose to spite your face.
The state of Illinois solved most of our problems when they recognized wind turbines as permissible and established a base setback, their assessments and personal usage. You can’t legislate them out of existence. Talk to the planning staff, the states attorney, after all they are the experts we hired and elected. Find out those answers. Ask them what questions you should be asking.
I don’t envy you for the decision you have to make. I only ask that you make an educated decision based on all of the facts and not on your personal opinion. If the proposed code changes offer more questions than what they answer, then you should either vote no or hold the vote until such time as all questions are answered.
Sincerely,
Theresa “Terri” Glass
Boone County Journal: Both articles taken from December 14, 2012 Boone County Journal available free of cost at merchants across the county and on line at: http://www.boonecountyjournal.com/news/2012/Boone-County-News-12-14-12.pdf#page=1
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Ad in Boone County Journal
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“I will vote no on this recommendation and I encourage all board members to do the same.”
Cathy Ward is a member of the Boone County Board. She represents District 2. Other Boone County residents approving this guest column: William Wolf, Lorene Benzel and Dana LaPier.
BELVIDERE — The future of wind farms in Boone County, which includes a $400 million investment, rests in the hands of the County Board this week.
On Wednesday night’s agenda is a recommendation — debated for months in long, emotional meetings — to increase the set-back requirements to 1,500 feet from any non-participating property owner or utility easement.
If this proposal is approved, it would eliminate all possibility of wind farms built in Boone County.
I support clean energy. I support wind farms and other businesses coming to Boone County to help our economy, our county, our schools, our townships and our villages. We desperately need the taxes and jobs they provide. We still have one of the highest unemployment rates in the state!
I…..
This is a $400 million investment that Mainstream (the company initiating the project) is proposing. Obviously, these opportunities come rarely…..
The objections are not new — some ridiculous — but one of the most puzzling is those opposing subsidies. I guess they don’t like the fact that wind energy can get subsidies like oil, coal, nuclear energy and gas industries.
Another interesting anecdote is the issue of decommissioning. In essence, objectors want Mainstream to put in escrow all the money it would cost to take them down if they are no longer used. ….
But the biggest puzzle is that this small opposition group seems to have no consideration for the 50 farm families of “neighbors” who stand to earn extra money from wind farms on their own land that encompasses 8,000 acres. …..do all you can to help our northern neighbors get their ‘Chrysler’ in their backyard…..
Read the piece in its entirety by clicking on the following: http://www.rrstar.com/opinions/whatyouresaying/x1353220079/Guest-Column-Wind-farms-an-opportunity-Boone-should-embrace?zc_p=1
