Tuesday, December 18, 2012

Mrs. Newhouse’s response to former board member’s letter regarding wind turbines; Ms. Del Rose responds to Mrs. Newhouse’s comments

The following letter was emailed to Mr. Terrinoni by Mrs. Newhouse, wife of former board member, Marshall Newhouse;  Mr. Terrinoni forwarded it to each member of the Boone County Board.

2:24 PM 12-19-2012 Apparently Mrs. Newhouse sent the letter directly to board members according to Mr. Newhouse’s recent update.  Per Mrs. Newhouse’s request her letter is presented in its entirely and then with Ms. Del Rose’s comments.

After my initially posting of this letter, Ms. Del Rose  responded to several accusations by Mrs. Newhouse’ criticizing Mr. Del Rose’s actions in the Planning Department.  Ms. Del Rose’s two emails are presented in whole following Mrs. Newhouse’s letter.  I have taken the liberty of placing in yellow highlighted bold type Ms. Del Rose’s statements with  Mrs. Newhouse’s letter

original email from Mr. Newhouse:

Dear Boone County Board members,

The red font indicates my responses to Ms. Glass’s letter to the
county board concerning the proposed WECS code changes.
Ms. Glass’s first assertion: the proposal is too specific.
The specificity of the code amendments is a courtesy to the
applicant- they should know where the county stands before they
commit thousands of dollars in application fees, exploration money,
and signed contracts. At PZB and ZBA meetings it was stated more
than once that there should be no surprises for the WECS applicant.
Please recognize these are multi-million dollar decisions so the
county should be courteous and clear.
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?

Answer: While state law permits wind turbines, there is no state code
that says individual counties have to have them. Lake County is an
example of a county that decided against wind turbines. That was
correctly stated by Kristine Schnoor at the Boone County Planning
Commission. Regardless, a map created by the planning department
could not indicate whether a WECS project could proceed without
input of landowner signed contracts and/or good neighbor contracts.
For example, if a cluster of landowners signed, a project could
proceed. The maps the planning staff could produce at this point
would model each potential turbine field as an island - and that simply
is not true. Knowledge of landowner and neighbor agreements is
essential to determine potential turbine sites.

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.

Answer: Several other counties in the state and nation have setbacks
with waivers. Our proposed decommissioning language was initially
drawn from Champaign County, Illinois. State's Attorneys in those
counties approved theirs and I am not aware of any county in the
state that has been sued and lost over their own code. Special use
conditions are tried in court, but not county code. Fear should not be
a motivating factor in deciding what is in the best interest for the
county unless it is fear from its own residents. Our State's Attorney
should make every effort to make sure the code is written
professionally and cleanly but it is the County Board that legislates.

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?

Answer: We are not even close to being the first or the most
restrictive in creating codes related to wind turbines, and the code
applies to any and all wind turbine companies - not just Mainstream.
There will probably be more companies interested in developing
Boone County - DeKalb county, to our South, already has a project in
its first phase development and county lines are often crossed.
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)
Answer: This is about code - does the present WECS code reflect
today's turbine heights and match the criteria set by our findings of
facts in the special use conditions? No. Does it reflect the
comprehensive plan? No. Does the code protect the rights of RLA's?
No. Does the code protect the rights of farmers to aerial spray? No.
Does it protect the rights of non-participating landowners? No. Surely
the EDD doesn’t seek to encourage regional and local economic
development at any expense.
5. What is missing? Are the terms sufficiently defined. For example,
what is a pipeline? Is It defined in the Zoning Code?

Answer: It is too bad that staff decided to "refuse to work on the
revision." Gina Del Rose said that to me in front of Ken Freeman
after the last PZB meeting. It will be up to the States Attorney to
officially clean it up.

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.

Answer: Our zoning process has always allowed neighbors to weigh
in on special use requests. Neighbors have proved in the past that a
special use would take away their rights and special uses have been
denied. Ms. Glass should be familiar with this given all the opposing
neighbor testimony she has had the opportunity to hear.
It is helpful to note that even our present WECS code absolutely pits
neighbor against neighbor, using non-participating land as health,
safety and noise buffers. Our present WECS code allows the
landowners with wind turbines to determine where the nonparticipating
landowner could enjoy their property with no flicker or
additional noise, build, use aerial spraying, and even use their private
air strips.
Conversely, multiple counties and states have setbacks with waivers.
The code is intended to protect people who live here already. The
code is not designed to honor businesses that want to invade their
space, change their lives, and take away their rights. Instead we can
and should create code that grants the non-partiticipating landowner
to choose to voluntarily waive his/her rights. Understand that WECS
companies are willing to give volunteers money because they realize
people are selling their rights. Did you read the good neighbor
contract in the evidence, where the non-participating landowner
surrenders his/her rights?

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?

Answer: Ms. Glass has falsely claimed she knows what kind of research
we did. She has ascribed motive in our work and has asserted our inability
to move beyond preconceived ideas. This is a remarkable testimony of her
desire to focus on personal preferences and shy away from issues herself.
In terms of research, e-mails and phone bills to local, state, and federal
experts (all pro-wind) are all available, as are hundreds of bookmarks on
our computers. There are piles of pro-wind information in our bags of wind
information. We have spent hundreds of hours and hundreds of dollars on
research. We drove to multiple wind project sites. Marshall sat through
hours of testimony at the Illinois Windworking conference on Siting,
Zoning, and Taxing Wind Farms in Illinois. Marshall arranged for county
officials to go to Lee County and listen to their experiences. Ms. Glass did
neither. Ask David Loomis, Jolene Willis, Darin Burk, American Wind
Energy Association and Illinois Wind if they know the Newhouses
and the answer will be yes. Ask every county in Illinois with a WECS if they
have been contacted by us and they will answer yes. We participated in
ongoing communication with several of those counties. Ask the Federal
Dept. of Transportation, the Dept. of Energy, the Dept. of the Interior,
Pipeline Safety Trust, Illinois Commerce commission, Soil and Water, Farm
Bureau, American Petroleum, Area contractors, salvage yards, gravel
yards . . . the list goes on for a long time. And because staff did not do the
research- citizens spent thousands of hours and thousands of dollars to
present the piles of evidence. Each of us were cross examined. Anyone
could have asked us any question. I think Ms. Glass would have found it
hard to make us look uninformed.
The Register Star tried to prove a bias motivation, but discovered nothing
because there was nothing to discover. Marshall has three cousins and
several friends who have signed contracts with Mainstream and he
focused on decommissioning as he sought to protect them from having an
abandoned turbine on their property. Their signed contracts have no
financial guarantees. If Ms. Glass had listened to every word Marshall
stated, she would of heard his concern for the participating landowners,
the county, and the neighbors. If you were to ask any Newhouse family
member or like-minded citizen if they liked Marshall's compromise on
setbacks you would hear a resounding no because it fails to protect
personal property rights. Even his own mother stands against him.
Marshall took the middle ground on setbacks but he was unwilling to risk
anyone in the county concerning decommissioning. Marshall led the
board to a 2000 foot setback from property lines to protect wind rights in
the last WECS project. At that time Ms. Ward had proposed two setbacks
in the past WECS proposal, one for participating and one for nonparticipating.
Marshall listened and moved to the center to protect the nonparticipating
and grant the participating landowners a greater opportunity
to have turbines

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.

Answer: 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
that. If I understand this comment- I believe Ms. Glass would suggest that
we, for the love of money, throw out the rights of the people we represent
and neglect the protection of our county from potential financial burdens in
the form of road damage, tax burden shifts, and decommissioning. I doubt
Ms. Glass, or any resident of Boone County, would enjoy increased taxes
as the turbines are allowed to depreciate at a accelerated rate. And what
about the the lawsuits? Every county with a wind project in Illinois has
faced lawsuits. Some were settled out of court, some were dismissed,
some are pending, and some have cost the county plenty.


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?

There is no proposed legislation that would stop the project if people
are favorable toward wind projects. Again it is legal to legislate
turbines unfavorably

.
Have you ever really searched for evidence that contradicts your preformatted
opinions or did you just seek out data that supports your
beliefs? Lets face it, the “anti wind-farm” advocates would never
present evidence that opposes their ideals: nor would the “pro windfarm”
advocates. It is reasonable to believe that most people will seek
out answers that prove what they want to prove.

Answer: Ms. Glass finds it hard to believe that people looked at the
issue from both sides, as we did. Ms. Glass seems to state that she
did not.
Ms. Glass claims to be well educated on wind farms but frequently
provides false statements about the same. Even in her letter to you
she claims Illinois has established a base setback. That is an outright
lie. The state has no base state setback for commercial wind farms
connected to the grid. It would be interesting to know where her
misinformation is being generated. Ms. Glass claims there is no
conclusive evidence on health, safety, and effect on property values.
Since these issues are being settled in courts all over the world and
damages are being awarded, I believe Ms. Glass has shown herself
not to be a legal judge and/or an expert.
Boone County Board members, I would ask that you base your
decision on the evidence presented, not on this last-ditch effort to
undermine the earnest work of many people over many months.
If Ms. Glass had done as the law required and presented the
statements in this letter in the open ZBA hearings, her “facts” and
implications would of been cross-examined and answered and found
to be ungrounded. Instead, she contends she knows more than the
rest of us who courageously (and rightly) presented our facts in a
public hearing and effectively faced cross-examination.

Julie Newhouse

**********************************************************

Mr. Newhouse’s letter with Ms. DelRose’s comments in yellow;  Ms. DelRose’s emails follow.

Dear Boone County Board members,

The red font indicates my responses to Ms. Glass’s letter to the
county board concerning the proposed WECS code changes.
Ms. Glass’s first assertion: the proposal is too specific.
The specificity of the code amendments is a courtesy to the
applicant- they should know where the county stands before they
commit thousands of dollars in application fees, exploration money,
and signed contracts. At PZB and ZBA meetings it was stated more
than once that there should be no surprises for the WECS applicant.
Please recognize these are multi-million dollar decisions so the
county should be courteous and clear.
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?

Answer: While state law permits wind turbines, there is no state code
that says individual counties have to have them. Lake County is an
example of a county that decided against wind turbines. That was
correctly stated by Kristine Schnoor at the Boone County Planning
Commission. Regardless, a map created by the planning department
could not indicate whether a WECS project could proceed without
input of landowner signed contracts and/or good neighbor contracts.
For example, if a cluster of landowners signed, a project could
proceed. The maps the planning staff could produce at this point
would model each potential turbine field as an island - and that simply
is not true. Knowledge of landowner and neighbor agreements is
essential to determine potential turbine sites.

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.

Answer: Several other counties in the state and nation have setbacks
with waivers. Our proposed decommissioning language was initially
drawn from Champaign County, Illinois. State's Attorneys in those
counties approved theirs and I am not aware of any county in the
state that has been sued and lost over their own code. Special use
conditions are tried in court, but not county code. Fear should not be
a motivating factor in deciding what is in the best interest for the
county unless it is fear from its own residents. Our State's Attorney
should make every effort to make sure the code is written
professionally and cleanly but it is the County Board that legislates.

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?

Answer: We are not even close to being the first or the most
restrictive in creating codes related to wind turbines, and the code
applies to any and all wind turbine companies - not just Mainstream.
There will probably be more companies interested in developing
Boone County - DeKalb county, to our South, already has a project in
its first phase development and county lines are often crossed.
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)
Answer: This is about code - does the present WECS code reflect
today's turbine heights and match the criteria set by our findings of
facts in the special use conditions? No. Does it reflect the
comprehensive plan? No. Does the code protect the rights of RLA's?
No. Does the code protect the rights of farmers to aerial spray? No.
Does it protect the rights of non-participating landowners? No. Surely
the EDD doesn’t seek to encourage regional and local economic
development at any expense.
5. What is missing? Are the terms sufficiently defined. For example,
what is a pipeline? Is It defined in the Zoning Code?

Answer: It is too bad that staff decided to "refuse to work on the
revision." Gina Del Rose said that to me in front of Ken Freeman
after the last PZB meeting. It will be up to the States Attorney to
officially clean it up.

Del Rose:  That is not what I said whatsoever and I think it is extremely wrong to misquote me for one’s gain. At some point in the conversation I was having with Mr. Freeman, Julie came up to me to argue my comment about the decommissioning plan coming from PZB. I told her I spoke honestly when I said that the plan that the PZB (in color copy) had before them that night was not the plan produced by the PZB and approved by the PZB, it had been further amended by her husband.

I told her, that staff had given their input to the PZB about how they felt the code should read, it is an opinion that I have shared with many when asked. A comment was made which I don’t remember well enough to quote but my response was that after trying to explain staff’s position that the zoning code should be a well-rounded document I was told by a county board member that “I was not paid to think, I was paid to do as I was told” After that, staff has let the ZBA and PZB take over the amendments and only suggested something when asked. In no way did I say I refused to work on the revision, staff has spent countless hours working on the revisions and have attended meetings last week and this week about the revision, giving input upon request.


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.

Answer: Our zoning process has always allowed neighbors to weigh
in on special use requests. Neighbors have proved in the past that a
special use would take away their rights and special uses have been
denied. Ms. Glass should be familiar with this given all the opposing
neighbor testimony she has had the opportunity to hear.
It is helpful to note that even our present WECS code absolutely pits
neighbor against neighbor, using non-participating land as health,
safety and noise buffers. Our present WECS code allows the
landowners with wind turbines to determine where the nonparticipating
landowner could enjoy their property with no flicker or
additional noise, build, use aerial spraying, and even use their private
air strips.
Conversely, multiple counties and states have setbacks with waivers.
The code is intended to protect people who live here already. The
code is not designed to honor businesses that want to invade their
space, change their lives, and take away their rights. Instead we can
and should create code that grants the non-partiticipating landowner
to choose to voluntarily waive his/her rights. Understand that WECS
companies are willing to give volunteers money because they realize
people are selling their rights. Did you read the good neighbor
contract in the evidence, where the non-participating landowner
surrenders his/her rights?

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?

Answer: Ms. Glass has falsely claimed she knows what kind of research
we did. She has ascribed motive in our work and has asserted our inability
to move beyond preconceived ideas. This is a remarkable testimony of her
desire to focus on personal preferences and shy away from issues herself.
In terms of research, e-mails and phone bills to local, state, and federal
experts (all pro-wind) are all available, as are hundreds of bookmarks on
our computers. There are piles of pro-wind information in our bags of wind
information. We have spent hundreds of hours and hundreds of dollars on
research. We drove to multiple wind project sites. Marshall sat through
hours of testimony at the Illinois Windworking conference on Siting,
Zoning, and Taxing Wind Farms in Illinois. Marshall arranged for county
officials to go to Lee County and listen to their experiences. Ms. Glass did
neither. Ask David Loomis, Jolene Willis, Darin Burk, American Wind
Energy Association and Illinois Wind if they know the Newhouses
and the answer will be yes. Ask every county in Illinois with a WECS if they
have been contacted by us and they will answer yes. We participated in
ongoing communication with several of those counties. Ask the Federal
Dept. of Transportation, the Dept. of Energy, the Dept. of the Interior,
Pipeline Safety Trust, Illinois Commerce commission, Soil and Water, Farm
Bureau, American Petroleum, Area contractors, salvage yards, gravel
yards . . . the list goes on for a long time. And because staff did not do the
research- citizens spent thousands of hours and thousands of dollars to
present the piles of evidence. Each of us were cross examined. Anyone
could have asked us any question. I think Ms. Glass would have found it
hard to make us look uninformed.
The Register Star tried to prove a bias motivation, but discovered nothing
because there was nothing to discover. Marshall has three cousins and
several friends who have signed contracts with Mainstream and he
focused on decommissioning as he sought to protect them from having an
abandoned turbine on their property. Their signed contracts have no
financial guarantees. If Ms. Glass had listened to every word Marshall
stated, she would of heard his concern for the participating landowners,
the county, and the neighbors. If you were to ask any Newhouse family
member or like-minded citizen if they liked Marshall's compromise on
setbacks you would hear a resounding no because it fails to protect
personal property rights. Even his own mother stands against him.
Marshall took the middle ground on setbacks but he was unwilling to risk
anyone in the county concerning decommissioning. Marshall led the
board to a 2000 foot setback from property lines to protect wind rights in
the last WECS project. At that time Ms. Ward had proposed two setbacks
in the past WECS proposal, one for participating and one for nonparticipating.
Marshall listened and moved to the center to protect the nonparticipating
and grant the participating landowners a greater opportunity
to have turbines

Del Rose:  The planning staff did do research and have stated our research several times to those WILLING to listen. The planning staff has contacted several counties that have actual wind farms to seek their guidance. The planning staff did look up studies online and for every study found to say one thing, another one was found to dispute the information. There was no consensus whatsoever. Therefore, we respected the advice we received from our counterparts that have are experienced and honest. I would also like to note that most of the evidence submitted during the public hearing boiled down to hearsay evidence, something that staff does not generally present.


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.

Answer: 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
that. If I understand this comment- I believe Ms. Glass would suggest that
we, for the love of money, throw out the rights of the people we represent
and neglect the protection of our county from potential financial burdens in
the form of road damage, tax burden shifts, and decommissioning. I doubt
Ms. Glass, or any resident of Boone County, would enjoy increased taxes
as the turbines are allowed to depreciate at a accelerated rate. And what
about the the lawsuits? Every county with a wind project in Illinois has
faced lawsuits. Some were settled out of court, some were dismissed,
some are pending, and some have cost the county plenty.

 
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?

There is no proposed legislation that would stop the project if people
are favorable toward wind projects. Again it is legal to legislate
turbines unfavorably

.
Have you ever really searched for evidence that contradicts your preformatted
opinions or did you just seek out data that supports your
beliefs? Lets face it, the “anti wind-farm” advocates would never
present evidence that opposes their ideals: nor would the “pro windfarm”
advocates. It is reasonable to believe that most people will seek
out answers that prove what they want to prove.

Answer: Ms. Glass finds it hard to believe that people looked at the
issue from both sides, as we did. Ms. Glass seems to state that she
did not.
Ms. Glass claims to be well educated on wind farms but frequently
provides false statements about the same. Even in her letter to you
she claims Illinois has established a base setback. That is an outright
lie. The state has no base state setback for commercial wind farms
connected to the grid. It would be interesting to know where her
misinformation is being generated. Ms. Glass claims there is no
conclusive evidence on health, safety, and effect on property values.
Since these issues are being settled in courts all over the world and
damages are being awarded, I believe Ms. Glass has shown herself
not to be a legal judge and/or an expert.
Boone County Board members, I would ask that you base your
decision on the evidence presented, not on this last-ditch effort to
undermine the earnest work of many people over many months.
If Ms. Glass had done as the law required and presented the
statements in this letter in the open ZBA hearings, her “facts” and
implications would of been cross-examined and answered and found
to be ungrounded. Instead, she contends she knows more than the
rest of us who courageously (and rightly) presented our facts in a
public hearing and effectively faced cross-examination.

Julie Newhouse

**********************************************************************************

Gina DelRose associateplanner@boonecountyil.org

to Bob, kfree1011, zebrasnot, me, Cathy, Brad, Paul, Michael, Ken, Michelle, assistantplann.

Julie States:

Answer: Ms. Glass has falsely claimed she knows what kind of research
we did. She has ascribed motive in our work and has asserted our inability
to move beyond preconceived ideas. This is a remarkable testimony of her
desire to focus on personal preferences and shy away from issues herself.
In terms of research, e-mails and phone bills to local, state, and federal
experts (all pro-wind) are all available, as are hundreds of bookmarks on
our computers. There are piles of pro-wind information in our bags of wind
information. We have spent hundreds of hours and hundreds of dollars on
research. We drove to multiple wind project sites. Marshall sat through
hours of testimony at the Illinois Windworking conference on Siting,
Zoning, and Taxing Wind Farms in Illinois. Marshall arranged for county
officials to go to Lee County and listen to their experiences. Ms. Glass did
neither. Ask David Loomis, Jolene Willis, Darin Burk, American Wind
Energy Association and Illinois Wind if they know the Newhouses
and the answer will be yes. Ask every county in Illinois with a WECS if they
have been contacted by us and they will answer yes. We participated in
ongoing communication with several of those counties. Ask the Federal
Dept. of Transportation, the Dept. of Energy, the Dept. of the Interior,
Pipeline Safety Trust, Illinois Commerce commission, Soil and Water, Farm
Bureau, American Petroleum, Area contractors, salvage yards, gravel
yards . . . the list goes on for a long time. And because staff did not do the
research- citizens spent thousands of hours and thousands of dollars to
present the piles of evidence. Each of us were cross examined. Anyone
could have asked us any question. I think Ms. Glass would have found it
hard to make us look uninformed.
The Register Star tried to prove a bias motivation, but discovered nothing
because there was nothing to discover. Marshall has three cousins and
several friends who have signed contracts with Mainstream and he
focused on decommissioning as he sought to protect them from having an
abandoned turbine on their property. Their signed contracts have no
financial guarantees. If Ms. Glass had listened to every word Marshall
stated, she would of heard his concern for the participating landowners,
the county, and the neighbors. If you were to ask any Newhouse family
member or like-minded citizen if they liked Marshall's compromise on
setbacks you would hear a resounding no because it fails to protect
personal property rights. Even his own mother stands against him.
Marshall took the middle ground on setbacks but he was unwilling to risk
anyone in the county concerning decommissioning. Marshall led the
board to a 2000 foot setback from property lines to protect wind rights in
the last WECS project. At that time Ms. Ward had proposed two setbacks
in the past WECS proposal, one for participating and one for nonparticipating.
Marshall listened and moved to the center to protect the nonparticipating
and grant the participating landowners a greater opportunity
to have turbines

The planning staff did do research and have stated our research several times to those WILLING to listen. The planning staff has contacted several counties that have actual wind farms to seek their guidance. The planning staff did look up studies online and for every study found to say one thing, another one was found to dispute the information. There was no consensus whatsoever. Therefore, we respected the advice we received from our counterparts that have are experienced and honest. I would also like to note that most of the evidence submitted during the public hearing boiled down to hearsay evidence, something that staff does not generally present.

Gina DelRose

Associate Planner

Belvidere-Boone County

From: Gina DelRose
Sent: Tuesday, December 18, 2012 4:56 PM
To: Bob Walberg; '
kfree1011@aol.com'; zebrasnot@hotmail.com; 'bill.pysson@gmail.com'; Cathy Ward; Brad Fidder; Paul Larson; Michael Schultz; Ken Terrinoni; Michelle Courier; kmiller@boonecountyil.org
Subject: I was horribly misquoted

In reading Julie Newhouse’s email that she sent to the County Board, I noticed that I was misquoted, horribly.

Julie states:

5. What is missing? Are the terms sufficiently defined. For example,
what is a pipeline? Is It defined in the Zoning Code?
Answer: It is too bad that staff decided to "refuse to work on the
revision." Gina Del Rose said that to me in front of Ken Freeman
after the last PZB meeting. It will be up to the States Attorney to
officially clean it up.

That is not what I said whatsoever and I think it is extremely wrong to misquote me for one’s gain. At some point in the conversation I was having with Mr. Freeman, Julie came up to me to argue my comment about the decommissioning plan coming from PZB. I told her I spoke honestly when I said that the plan that the PZB (in color copy) had before them that night was not the plan produced by the PZB and approved by the PZB, it had been further amended by her husband.

I told her, that staff had given their input to the PZB about how they felt the code should read, it is an opinion that I have shared with many when asked. A comment was made which I don’t remember well enough to quote but my response was that after trying to explain staff’s position that the zoning code should be a well-rounded document I was told by a county board member that “I was not paid to think, I was paid to do as I was told” After that, staff has let the ZBA and PZB take over the amendments and only suggested something when asked. In no way did I say I refused to work on the revision, staff has spent countless hours working on the revisions and have attended meetings last week and this week about the revision, giving input upon request.

Gina DelRose

Associate Planner

2013 Boone County Board and Subcommittee Meetings

All meetings are held in the County Board Room, Boone County Administrative Campus

1212 Logan Avenue, Belvidere,

January

02, 2013

Planning, Zoning & Building

6:00 PM

January

03, 2013

Health & Human Services

6:00 PM

January

07, 2013

Public Safety

6:00 PM

January

07, 2013

Administrative & Legislative

6:30 PM

January

08, 2013

Finance

6:00 PM

January

08, 2013

Roads & Capital Improvements

6:45 PM

January

09, 2013

City-County Coordinating

6:30 PM

January

11, 2013

Ag Conservation & Farmland Protection

7:30 AM

January

16, 2013

County Board

6:30 PM

January

25, 2013

Ag Conservation & Farmland Protection

7:30 AM

       

February

04, 2013

Administrative & Legislative

6:00 PM

February

05, 2013

Roads & Capital Improvements

6:00 PM

February

06, 2013

Planning, Zoning & Building

6:00 PM

February

07, 2013

Health & Human Services

6:00 PM

February

07, 2013

Mental Health Advisory

6:30 PM

February

11, 2013

Public Safety

6:00 PM

February

12, 2013

Finance

6:00 PM

February

13, 2013

City-County Coordinating

6:30 PM

February

20, 2013

County Board

6:30 PM

February

22, 2013

Ag Conservation & Farmland Protection

7:30 AM

       

March

04, 2013

Administrative & Legislative

6:00 PM

March

05, 2013

Roads & Capital Improvements

6:00 PM

March

06, 2013

Planning, Zoning & Building

6:00 PM

March

07, 2013

Health & Human Services

6.00 PM

March

11, 2013

Public Safety

6:00 PM

March

12, 2013

Finance

6:00 PM

March

13, 2013

City-County Coordinating

6:30 PM

March

20, 2013

County Board

6:30 PM

March

22, 2013

Ag Conservation & Farmland Protection

7:30 AM

       

April

01, 2013

Administrative & Legislative

6:00 PM

April

02, 2013

Roads & Capital Improvements

6:00 PM

April

03, 2013

Planning, Zoning & Administrative

6:00 PM

April

04, 2013

Health & Human Services

6:00 PM

April

04, 2013

Mental Health Advisory

6:30 PM

April

08, 2013

Public Safety

6:00 PM

April

09, 2013

Finance

6:00 PM

April

10, 2013

City-County Coordinating

6:30 PM

April

17, 2013

County Board

6:30 PM

April

26, 2013

Ag Conservation & Farmland Protection

7:30 AM

       

May

01, 2013

Planning, Zoning & Building

6:00 PM

May

02, 2013

Health & Human Services

6:00 PM

May

06, 2013

Administrative & Legislative

6:00 PM

May

07, 2013

Roads & Capital Improvements

6:00 PM

May

07, 2013

Finance

6:45 PM

May

08, 2013

City-County Coordinating

6:30 PM

May

09, 2013

Public Safety

6:00 PM

May

15, 2013

County Board

6:30 PM

May

24, 2013

Ag Conservation & Farmland Protection

7:30 AM

       

June

03, 2013

Administrative & Legislative

6:00 PM

June

04, 2013

Roads & Capital Improvements

6:00 PM

June

05, 2013

Planning, Zoning & Building

6:00 PM

June

06, 2013

Health & Human Services

6:00 PM

June

06, 2013

Mental Health Advisory

6:30 PM

June

10, 2013

Public Safety

6:00 PM

June

11, 2013

Finance

6:00 PM

June

12, 2013

City-County Coordinating

6:30 PM

June

19, 2013

County Board

6:30 PM

June

28, 2013

Ag Conservation & Farmland Protection

7:30 AM

       

July

01, 2013

Administrative & Legislative

6:00 PM

July

02, 2013

Roads & Capital Improvements

6:00 PM

July

03, 2013

Planning, Zoning & Building

6:00 PM

July

08, 2013

Health & Human Services

6:00 PM

July

08, 2013

Public Safety

6:45 PM

July

09, 2013

Finance

6:00 PM

July

10, 2013

City-County Coordinating

6:30 PM

July

17, 2013

County Board

6:30 PM

July

26, 2013

Ag Conservation & Farmland Protection

7:30 AM

       

August

01, 2013

Health & Human Services

6:00 PM

August

01, 2013

Mental Health Advisory

6:30 PM

August

05, 2013

Administrative & Legislative

6:00 PM

August

06, 2013

Roads & Capital Improvements

6:00 PM

August

07, 2013

Planning, Zoning & Building

6:00 PM

August

12, 2013

Public Safety

6:00 PM

August

13, 2013

Finance

6:00 PM

August

14, 2013

City-County Coordinating

6:30 PM

August

21, 2013

County Board

6:30 PM

August

23, 2013

Ag Conservation & Farmland Protection

7:30 AM

       

September

03, 2013

Roads & Capital Improvements

6:00 PM

September

04, 2013

Planning, Zoning & Building

6:00 PM

September

05, 2013

Health & Human Services

6:00 PM

September

09, 2013

Public Safety

6:00 PM

September

09, 2013

Administrative & Legislative

6:30 PM

September

10, 2013

Finance

6:00 PM

September

11, 2013

City-County Coordinating

6:30 PM

September

18, 2013

County Board

6:30 PM

September

27, 2013

Ag Conservation & Farmland Protection

7:30 AM

       

October

01, 2013

Roads & Capital Improvements

6:00 PM

October

02, 2013

Planning, Zoning, & Building

6:00 PM

October

03, 2013

Health & Human Services

6:00 PM

October

03, 2013

Mental Health Advisory

6:30 PM

October

07, 2013

Administrative & Legislative

6:00 PM

October

08, 2013

Finance

6:00 PM

October

09, 2013

City-County Coordinating

6:30 PM

October

14, 2013

Public Safety

6:00 PM

October

16, 2013

County Board

6:30 PM

October

25, 2013

Ag Conservation & Farmland Protection

7:30 AM

       

November

04, 2013

Administrative & Legislative

6:00 PM

November

05, 2013

Roads & Capital Improvements

6:00 PM

November

06, 2013

Planning, Zoning, & Building

6:00 PM

November

07, 2013

Health & Human Services

6:00 PM

November

11, 2013

Public Safety

6:00 PM

November

12, 2013

Finance

6:00 PM

November

13, 2013

City-County Coordinating

6:30 PM

November

20, 2013

County Board

6:30 PM

November

22, 2013

Ag Conservation & Farmland Protection

7:30 AM

       

December

02, 2013

Administrative & Legislative

6:00 PM

December

03, 2013

Roads & Capital Improvements

6:00 PM

December

04, 2013

Planning, Zoning, & Building

6:00 PM

December

05, 2013

Health & Human Services

6:00 PM

December

05, 2013

Mental Health Advisory

6:30 PM

December

09, 2013

Public Safety

6:00 PM

December

10, 2013

Finance

6:00 PM

December

11, 2013

City-County Coordinating

6:30 PM

December

18, 2013

County Board

6:30 PM

December

27, 2013

Ag Conservation & Farmland Protection

7:30 AM

Monday, December 17, 2012

Boone County real estate transactions recorded the week of Dec 3 | Belvidere Daily Republican

 

Written by Editor

BOONE COUNTY – Following is a list of the Boone County real estate transactions recorded the week of Dec. 3.

Recorded Dec. 3

11945 Oakridge Road, Caledonia, $209,000, Stephen J. Dyroff to Jason L. Main and Tiffany N. Main.

7689 Belmar Dr., Belvidere, $135,000, Cindy L. Swiatek to Steven C. Boardman Jr. and Jodi L. Boardman.

1425 7th Ave., Belvidere, $45,000, Anthony Trejo and Paula J. Trejo to Steinbis Properties LLC.

310 Talledega Dr. SW, Poplar Grove, $120,000, Bernadette Coley to AH4R-IL, LLC.

405 Applewood Lane, $87,000, Ryan J. Powers and Tracey C. Powers to Daniel Hernandez.

Recorded Dec. 4

637 Buchanan, Belvidere, $29,000, Federal National Mortgage Assoc to Margarito Banuelos.

130 Rainbow Dr., Capron, $78,000, Federal National Mortgage Assoc. to Jodi A. Westenburg.

2212 Candlewick Dr. SE, $70,000, US Bank National Assoc. to Tracy Duran.

207 Carson Dr., Poplar Grove, $127,000, Daniel Trieloff and Geraldine E. Trieloff to Thomas D. Saenz.

Recorded Dec. 5

172 Biester Dr., Belvidere, $63,000, Wells Fargo Bank, N.A. to Bob Wilson.

524 River Dr., Belvidere, $81,900, Darren Gordon to Scott R. and Julianne M. Stewart.

6988 Cora Lee Dr., Belvidere, $114,900, Federal Home Loan Mortgage Corp. to Ryan W. Carlson.

1412 7th Ave., Belvidere, $75,000, Federal Home Loan Mortgage Corp. to Irma Alvarado.

615 W. 7th St., Belvidere, $76,000, Federal National Mortgage Assoc. to Juan D. Zapata.

Recorded Dec. 7

2500 W. Farmington Court, Belvidere, $87,500, Deutsche Bank to Angela Ulrich.

110 Brandywine Dr. SE, Poplar Grove, $49,200, Federal National Mortgage Assoc. to Shane M. Smith and Alison E. Smith.

205 Clines Ford Dr., Belvidere, $120,000, Joyce E. Heringa, executor, to Kenneth Manon and Linda Manon.

299 Springmeadow Dr., Poplar Grove, $94,400, Judicial Sales Corp. to the Secretary of HUD.

Boone County real estate transactions recorded the week of Dec 3 | Belvidere Daily Republican

Saturday, December 15, 2012

Belvidere Township/City Election

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Republican “meet their candidates” Thursday 12-20-2012

Click on the photocopy to enlarge:

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Wind Mills—Letters/Letters to Editors regarding 12-19-2012 county board decision

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