Saturday, March 16, 2013

Possible County Board Action on the procedures on the Wind Tower hearings at the ZBA

Everyone interested in the Wind Tower issue should be aware of a possible county board action regarding this matter.

The so called “compromise” proposed by LeRoy Township will be discussed.  County board action will possibly not concern  the actual compromise proposal but rather what is the proper procedure to handle this proposal.

First:

This item has apparently been placed on the agenda under Item 9.3

image

This is available at:  http://www.boonecountyil.org/sites/default/files/CBAgenda%2003-20-2013.pdf or on Board Doc’s. 

Second , there is a proposed compromised that has been approved by LeRoy Township.   SEE:  http://www.boarddocs.com/il/boone/Board.nsf/files/95TTQR76094D/$file/letter%20from%20Leroy%20Township.pdf

Third:   

 The following three emails were sent regarding this item:

Friday, March 15, 2013 11:40 AM



County Board members:

Please note the legal opinion from the State’s Attorney regarding wind tower ZBA hearing procedures.

Bev Koppen (for Ken Terrinoni)

From: Ken Terrinoni
Sent: Friday, March 15, 2013 11:16 AM
To: Bev Koppen
Subject: FW: WECS ordinance

From: Michelle Courier
Sent: Thursday, March 14, 2013 2:57 PM
To: Ken Terrinoni
Subject: WECS ordinance

Please distribute the attached to the County Board members. If you can send it to them this afternoon, it would be greatly appreciated. Thank you.

Sincerely,

Michelle J. Courier

Boone County State's Attorney

601 N. Main, Suite 302

Belvidere, IL 61008

(815)547-8199

stateatty@boonecountyil.org

Chairman Walberg proposed the following procedure to handle the question:

County Board members:

In light of the opinion just received from the State’s Attorney, I would like to have added to the Board agenda a discussion of the pending application from the County Board currently at the Zoning Board of Appeals. I would like to allow each Board member 2 minutes to comment on the application, and an additional 2 minutes after everyone has had the opportunity to speak. I believe this is the best way to determine the feeling of the Board about the pending application.

Bev Koppen (for Chairman Bob Walberg)

Bill’s Response stating that any limitation of discussion of the matter by email is not personally acceptable.  This was sent to the entire Board.

Bev Koppen‎; County Board

Inbox, Sent Items

Friday, March 15, 2013 4:43 PM



I agree to place this on the agenda--I do not agree to limit anyone's speech especially in this manner. I plan on making this email known to the public. Decisions should not be made via emails especially anything dealing with the pending Wind Farm ordinance. BILL PYSSON

Unfortunately I am unable to supply the legal references at this time.BILL

Fourth and lastly:

I do not feel comfortable in supplying the public the state’s attorney’s opinion at this time.  However here are the legal references on which the States Attorney’s opinion is in part based:  Go to:   https://mail.boonecountyil.org/owa/?ae=Item&a=Open&t=IPM.Note&id=RgAAAABhHOJ1c3zZQZe3SBszJy4MBwA%2fLDRVq5VGS4HmM%2bUw3wacAAAAITYHAAA%2fLDRVq5VGS4HmM%2bUw3wacAAAAI54NAAAA&pspid=_1363477134009_488489378

Click on the attachments.