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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 State 1 1 STATE OF ILLINOIS ) )SS 2 COUNTY OF LEE ) 3 4 5 In the Matter of the Petition 6 of 7 Leeward Renewable Energy Development LLC, a Delaware Limited Liability Company 8 Lee County, Illinois 9 10 Volume I, Pages 1-108 11 Testimony of Witnesses Produced, Sworn and 12 Examined on this 8th day of September A.D. 2016 13 before the Lee County Zoning Board of Appeals 14 15 16 17 18 Present: 19 Bruce Forster, Chairman Craig Buhrow, Vice-Chairman 20 Mike Pratt Gene Bothe 21 Glenn Hughes 22 Alice Henkel, Zoning Clerk Chris Henkel, Zoning Administrator 23 Tim Slavin, Facilitator 24 Doris Kennay, Court Reporter 2 1 APPEARANCES: 2 ATTORNEY DOUGLAS LEE, of the firm of Ehrmann, Gehlbach, Badger, 3 Lee & Considine, 215 East First Street, Suite 100, 4 Dixon, Illinois 61021 5 Counsel for Leeward Renewable Energy Development, LLC, 6 7 LEE COUNTY STATE'S ATTORNEY MATTHEW KLAHN, of the Lee County State's Attorney's Office, 8 309 South Galena Avenue, Dixon, Illinois 61021, 9 Counsel for the Lee County Zoning Board 10 of Appeals. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 3 1 INDEX 2 3 Witness: CHRIS GREEN 4 Examination Page 5 Attorney Lee (Direct). 17 6 Zoning Members/County . 32 7 Members of the Public. 35 8 Attorney Lee (Redirect). 42 9 Witness: AARON ANDERSON 10 Examination Page 11 Attorney Lee (Direct). 43 12 Zoning Members/Personnel . 50 13 Witness: CHRIS HOWELL 14 Examination Page 15 Attorney Lee (Direct). 55 16 Zoning Members/Personnel . 61 17 Members of the Public. 66 18 Witness: TERRY VANDEWALLE 19 Examination Page 20 Attorney Lee (Direct). 68 21 Zoning Members/Personnel . 89 22 Members of the Public. 97 23 Attorney Lee (Redirect). 100 24 4 1 EXHIBITS 2 3 Exhibit Marked 4 5 Petitioner's Exhibit No. 1. 16 6 Petitioner's Exhibit No. 2. 16 7 Petitioner's Exhibit No. 3. 16 8 Petitioner's Exhibit No. 4. 16 9 Petitioner's Exhibit No. 5. 16 10 Petitioner's Exhibit No. 6. 16 11 Petitioner's Exhibit No. 7. 16 12 Petitioner's Exhibit No. 8. 16 13 14 15 16 17 18 19 20 Certificate of Shorthand Reporter. 108 21 22 23 24 5 1 CHAIRMAN FORSTER: Good evening, Ladies 2 and Gentlemen. My name is Bruce Forster. I'm 3 the Chairperson of these proceedings. 4 I call this meeting of the Lee County 5 Zoning Board of Appeals to order. 6 Will the secretary please call the roll. 7 THE CLERK: Bruce Forster? 8 CHAIRMAN FORSTER: Here. 9 THE CLERK: Craig Buhrow? 10 MR. BUHROW: Here. 11 THE CLERK: Mike Pratt? 12 MR. PRATT: Here. 13 THE CLERK: Gene Bothe? 14 MR. BOTHE: Here. 15 THE CLERK: Glenn Hughes? 16 MR. HUGHES: Here. 17 (Roll call was taken and all were 18 present.) 19 CHAIRMAN FORSTER: First order of 20 business, is there a motion to approve the 21 minutes of our last meeting? 22 MR. PRATT: I make a motion we approve the 23 minutes of the last meeting. 24 MR. HUGHES: Second. 6 1 CHAIRMAN FORSTER: We have a motion and a 2 second. All those in favor say aye. 3 (All those simultaneously responded.) 4 CHAIRMAN FORSTER: All opposed? 5 (WHEREUPON, no verbal response by the 6 Board members.) 7 CHAIRMAN FORSTER: Tonight we will begin 8 the Public Hearing for Leeward Energy, Petition 9 16-P-1507, an application for Special Use Permit 10 to replace some and construct some other new 11 wind turbine generators in Lee County as part of 12 a Wind Energy Conversion System. 13 I will now entertain a motion under our 14 rules to set a reasonable time limit for this 15 evening's session and for those to follow. 16 MR. HUGHES: So move to set a two-hour 17 time limit. 18 MR. BUHROW: I second that. 19 CHAIRMAN FORSTER: We have a second -- a 20 motion and a second. Is there any comment? 21 If not, all those in favor say aye. 22 (All those simultaneously responded.) 23 CHAIRMAN FORSTER: All opposed? 24 (WHEREUPON, no verbal response by the 7 1 Board members.) 2 ZONING ADMINISTRATOR HENKEL: Mr. 3 Chairman, we also need to adjourn last month's 4 petitions. 5 CHAIRMAN FORSTER: Okay. 6 We need to have a motion to adjourn 7 pursuant to the County Board's approval of 8 Petition 16-P-1505 and 16-P-1506, which were 9 from our last zoning meeting and then were 10 approved by the County Board. So could I have a 11 motion pursuant to those. 12 MR. PRATT: So move. 13 MR. HUGHES: Second. 14 CHAIRMAN FORSTER: Mike a motion to move, 15 Glenn second, all in favor say aye. 16 (All those simultaneously responded.) 17 CHAIRMAN FORSTER: Okay. As contemplated 18 by the Lee County Ordinance and our own rules of 19 procedure, I will now entertain a motion to 20 appoint retired Judge Tim Slavin as our 21 facilitator for the duration of this hearing. 22 MR. HUGHES: So move. 23 MR. PRATT: Second. 24 CHAIRMAN FORSTER: We have a motion and a 8 1 second. All in favor say aye. 2 (All those simultaneously responded.) 3 CHAIRMAN FORSTER: I will now turn the 4 hearing over to our facilitator. 5 JUDGE SLAVIN: Thank you, Mr. Chairman. 6 Welcome and good evening, everyone. It's 7 good to see old friends. My name is Tim Slavin, 8 and I'm a retired Judge engaged as an 9 independent contractor to what is called, 10 facilitate this hearing. I have no adjudicatory 11 responsibilities. And I am not support for or 12 against any particular position. I'm a neutral. 13 I am here hopefully to add some organization, 14 efficiency and flow to these proceedings. 15 This is Leeward Renewable Energy 16 Development, LLC's petition to essentially 17 decommission and remove all 63 turbines in 18 Mendota Hills, LLC and replace the same as part 19 of an updated Wind Energy Conversion System, 20 commonly known as Mendota Hills Wind Farm. 21 As shown by certificate of publication, 22 notice of this hearing was published in the 23 Dixon Telegraph, Amboy News, and Mendota 24 Reporter. Notices to adjoining property owners 9 1 have been provided. 2 This proceeding is, by the nature of the 3 petition filed, a tad different than the 4 petitions on which we spent time previously 5 together in this very room. However, as before 6 and always, all who so desire will absolutely be 7 given an opportunity to be heard; but for 8 everyone's benefit, I want to do it as orderly 9 and efficiently as possible. There are many 10 possible reasons for anyone's appearance here 11 this evening. You could be a member of the 12 public as a citizen and a spectator; part of the 13 Petitioner' contingent; an interested party. In 14 this context, an interested party does not 15 necessarily mean someone who is absolutely for 16 or against the requested special uses, but 17 someone who wants to be heard. If you do want 18 to be heard, you will fall into any one or more 19 of three categories: 20 No. 1. You want to give testimony. This 21 means you desire, under oath, to testify to 22 facts relevant to the Board's eventual decision. 23 That is not the time to describe your feelings 24 or announce your opinion -- excuse me -- but to 10 1 testify under oath as to facts. And you are 2 subject to cross-examination. Everyone so 3 wishing to testify will be given one opportunity 4 to do so. 5 Second category. You want to be able to 6 cross-examine witnesses. But, please, that is 7 just to ask questions of a particular witness, 8 not to argue with him or her. Everyone so 9 wishing to cross-examine will be given one 10 opportunity to cross-examine each and every 11 witness. 12 Third category. You want to make a 13 closing statement. This is your opportunity to 14 tell the Board how you feel or give them your 15 opinion based on the facts adduced during the 16 whole hearing process as to what their decision 17 should be. Everyone so wishing to give a 18 closing argument will be given one opportunity 19 to do so. 20 Again, I emphasize, everyone will 21 absolutely have a chance to be heard. However, 22 in order to add some semblance of organization, 23 there are and have been three half-sheets 24 available to sign up to participate: One 11 1 indicating your wish to testify, another your 2 wish to cross-examine witnesses, and the last 3 indicating your desire to give a closing 4 statement. These were available at the door and 5 continue to be available from Alice Henkel. 6 While signing up is not a prerequisite to 7 testifying, cross-examining, or making a closing 8 statement, I will initially be calling on folks 9 using those signup sheets; only after exhausting 10 that list will I invite others to testify, to 11 cross-examine, or give a closing statement. 12 Please note that once you have signed up, 13 you will not have to sign up again at each 14 continued session. I will keep those half 15 sheets current throughout the proceedings. 16 Excuse me. 17 Written communication sent in advance of 18 this hearing or any written material intended as 19 something for the Board to consider, is subject 20 to Board Rule, Article 5, Section 12 that eight 21 copies be provided.
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