KENNAY COURT REPORTING (815)

Transcription

1 STATE OF ILLINOIS ) ) SS COUNTY OF LEE ) In the Matter of the Petition of Green River Wind Farm Phase, LLC, a Delaware Limited Liability Company Lee County, Illinois Volume XXIII, Pages - Testimony of Witnesses Produced, Sworn and Examined on this th day of January A.D. before the Lee County Zoning Board of Appeals Present: Bruce Forster Mike Pratt Gene Bothe Tom Fassler Craig Buhrow, Chairman Alice Henkel, Zoning Clerk Chris Henkel, Zoning Officer Tim Slavin, Facilitator Reporter: Doris J. Kennay () 0-

2 0 APPEARANCES: ATTORNEY DOUGLAS LEE, of the firm of Ehrmann, Gehlbach, Badger, Lee & Considine, East First Street, Suite 0, Dixon, Illinois, Counsel for Mainstream Renewable Power. ATTORNEY RICHARD S. PORTER, of the firm of Hinshaw & Culbertson, 0 Park Avenue, Rockford, Illinois, Counsel for Larry Gerdes, Steven Gerdes, Friesland Farms, Hamilton Township, Sandra Kruse, Gene Kruse, John Rutkowski, Nancy Rutkowski, Patrick Henry and Marilyn Henry. ASSISTANT STATE'S ATTORNEY MATT KLAHN, of the Lee County State's Attorney's Office, 0 South Galena Avenue, Dixon, Illinois,, Counsel for Lee County Zoning Board. () 0-

3 INDEX Witness: DAVID WHITE Examination Page Attorney Porter (Direct) Board of Appeals (Cross) Rich Boris (Cross) Bob Logan (Cross) Attorney Lee (Cross) Examination Witness: NANCY RUTKOWSKI Page Attorney Porter (Direct) Board of Appeals (Cross) Giles Kalvelage (Cross) Kathryn Guither (Cross) Attorney Lee (Cross) Certificate of Shorthand Reporter..... () 0-

4 EXHIBITS Exhibit Marked Exhibit No Exhibit No Exhibit No Exhibit No Exhibit No Exhibit No Exhibit No Exhibit No Exhibit No () 0-

5 CHAIRMAN BUHROW: It's o'clock, so we'll begin our portion of the Zoning Board's portion of the meeting opening. Start, of course, with the roll call. Alice, please. (Roll call was taken and all were present.) CHAIRMAN BUHROW: Okay. Thank you. We did not -- we didn't get any minutes from last night's meeting, did we? MR. FORSTER: Yes, we did. CHAIRMAN BUHROW: Yeah, we did, all right. MR. FORSTER: You didn't pick them up -- CHAIRMAN BUHROW: I didn't pick them up. MR. FORSTER: -- then you can't vote. CHAIRMAN BUHROW: Is there any additions or corrections to last night's meeting -- minutes of the meeting? If there's none, could I have a motion for approval? MR. FORSTER: So moved. CHAIRMAN BUHROW: So moved by Bruce. Our second. MR. BOTHE: Second. CHAIRMAN BUHROW: Second by Gene. That's () 0-

6 what I thought. All those in favor say aye. (All those simultaneously responded.) CHAIRMAN BUHROW: Opposed, same sign. (WHEREUPON, there was no verbal response by the Board members.) CHAIRMAN BUHROW: Motion carries. Okay, thank you. I think that concludes our opening business. We will now turn the hearing over to Judge. JUDGE SLAVIN: Thank you, Mr. Chairman. Ladies and Gentlemen, welcome -- welcome back, everyone. Is there anyone here who has not been here and heard my opening remarks, raise your hand, don't be shy. Okay. Very good. We're still in the production of evidence stage. We gave the Board an exception to allow them to call a witness out of order, Mr. Shank, so we're back to interested parties, Mr. Porter. MR. PORTER: Thank you, Your Honor, I would call Mr. David White. () 0-

7 JUDGE SLAVIN: Mr. White, you want to come up here and raise your right hand for me, please. DAVID WHITE, having been first duly sworn, was examined and testified as follows: D I R E C T E X A M I N A T I O N By Mr. Porter JUDGE SLAVIN: Okay. Have a seat right up here. All righty, Mr. Porter, you may inquire. Q. Good evening. Please state your full name for the record. A. David White. Q. And where do you live? A. Atkinson Road, Harmon, Illinois. Q. And is that in Hamilton Township? Q. And am I correct that you are a Trustee for Hamilton Township? Q. How are you employed? A. I'm self-employed. Q. What do you do? () 0-

8 A. I'm a farmer. Q. And how long have you been at that -- how long have you lived in Hamilton Township? A. Currently since '. Prior to that from 0, I was gone a couple years. Q. And how long have you been a Trustee of Hamilton Township? A. About eight years. Q. And you're here tonight testifying on behalf of Hamilton Township, who I have appeared for; is that correct? Q. And you're also here testifying personally; is that right? Q. In relation to your -- well, strike that. What does Hamilton Township Board do, in general? A. Oversee the operation of the Township, roads, anything that needs to be taken care of. Q. And the project proposal is within Hamilton Township; is that correct? Q. In conjunction with your preparation for your () 0-

9 testimony today, did you have an opportunity to review the Lee County Comprehensive Plan? (Exhibit No. marked for identification.) Q. And, hopefully, it's up in front of you or nearby you as Exhibit No., and that's a true and accurate copy of the Lee County Comprehensive Plan; is that right? Q. Now, that comprehensive plan was adopted by the Lee County Board on May th of ; isn't that right? Q. And there are a few pages that are specifically relevant to this proposal, and I want to direct your attention to those. The first one I want to direct your attention to is Page I -- well, strike that. Actually, Roman Numeral, the very first page. There's a cover and then you flip it over and double spaced, and I double-sided this copy trying to save a tree, and the very first page. Are you there? () 0-

10 Q. Isn't it true that the plan provides that, "It is designed to aid government officials, developers, landowners, and the general public when making decisions regarding growth in the County." That's the second sentence. Q. The very first sentence is, "The Comprehensive Plan serves as a blueprint for growth and development in the County;" is that right? Q. So the County Board passed this plan on May,, as its blueprint for growth in this County, correct? A. Right. Q. All right. Now, if you take your -- if you turn your attention to page -- Section I- at the very bottom, there's numerals on this, and there's a Roman Numeral I, I guess is what it is, or a Section No. -, do you see that? Q. And that is the section which provides some background information about the various zones in Lee County; is that right? () 0-

11 Q. And the one I want to direct your attention to is the environmental corridor section. What does the Lee County Board define the environmental corridor as? A. An area that -- that habitat area could be a floodplain, or it could be for windmills or wherever they esteem it be for. Q. Well, actually it's defined, is it not, as, "A composite of the most important individual elements of the natural resource base occurring in a linear pattern on the landscape." Do you see that? Q. It provides that "environmental corridors have immeasurable environmental, ecological, and recreational value." Do you see that? Q. And it also provides that "These corridor's areas normally include elements that are essential to the maintenance of ecological balance and diversity, and the preservation of natural beauty in the County;" is that right? () 0-

12 00 Q. The punch line here for the environmental corridor is that "Protection of environmental corridors from additional intrusion by incompatible land uses, and thereby from degradation and destruction, should be an essential planning objective for the preservation of open natural spaces." Do you see that? Q. And now, it then defines what those areas would include. And isn't it true that you misspoke, it says, surface waters, wetlands, rugged terrain, outdoor recreational sites, historic sites, scenic areas, natural, and scientific areas. It doesn't say anything about windmills? A. Yeah, correct. Q. Now, turn your attention, if you would, to the Lee County, Illinois Comprehensive Plan Map for Local Economic Opportunities, which is found at page I-. And it looks like this (indicating). And it's actually not numbered at the bottom, so you've got to go to I- and then move over two pages. Are you there? () 0-

13 0 Q. And the top corner should say, "Map #", is that the one you're looking at? Q. All right. Now, this is the Lee County Comprehensive Plan for Local Economic Opportunities; is that right? Q. And where -- if you would show the ZBA, where is the proposed wind turbine facility on this comprehensive plan? What area -- A. It would be in the lower left-hand corner of the County. Q. Okay, and that lower left-hand corner is shaded green, you see that? Q. And that shaded green is what? A. It's a floodplain. Q. Well, take a look at the key. A. And it's an environmental corridor. Q. All right. This plan identifies that shaded area as an environmental corridor; is that correct? Q. And then the dark green areas are the State () 0-

14 0 parks; is that right? Q. Now, this map, which is the plan for Lee County, also provides certain areas for windmills, do you see those? They're the dark gray areas. A. Yeah, dark, oval circles, yes. Q. And here in Lee County, they call them windmill farms instead of industrial wind turbines; is that right? Q. Now, these windmill farms, as they're identified on here, are not in the area where this proposed project is, correct? Q. There are also some future economic development areas shaded in purple, do you see that? Q. And those are the areas that Lee County is proposing the future economic development occur; is that right? Q. And again, this project is not in one of those shaded purple areas, is it? () 0-

15 0 A. Correct, it's not. Q. Okay. Let's take a look at Map #, which happens to be at Section II-. And while everybody's fumbling to find it, it looks like this, and should say Map # in the top right-hand corner. A. I've got it. Q. And the map itself is not numbered, you have to go to the page before. Do you have it? A. Yes, I have it. Q. And this is the Future Land Use Plan for Lee County that was passed back in May of, correct? Q. And that Future Land Use Plan, again, identifies the uses that they intend the County to have moving forward; is that right? A. Right. Q. And the area of the proposed turbine -- industrial turbine facility, what is it marked on this map? A. Environmental corridor. Q. Okay. It is not marked planned industrial, general industrial, heavy industrial, or any of () 0-

16 0 the business uses; is that right? Q. Let me turn your attention to Page I-. It's Section I-. And this is the Map #. Are you there? A. Correct, I have it. Q. And this is the Natural Features map for Lee County; is that right? Q. And what natural features are identified in this proposed project area? A. A floodplain. Q. So after having reviewed the Lee County Comprehensive Plan for the Hamilton Township area, isn't it true that Lee County has passed legislation that it's planning that area to be an environmental corridor? Q. And that environmental corridors are -- let me use the Lee County words, excuse me, and that these corridors should be preserved and protected in essentially natural open areas (sic). That's at Page I-; is that right? () 0-

17 0 Q. So wouldn't you agree or do you have an opinion as to whether or not the proposed industrial wind turbine facility is consistent with the Lee County Comprehensive Plan? A. At this present time, they're not. Q. Okay. And the only way they could be if they moved the turbines out of the environmental corridor; is that right? A. Right. (Exhibit No. marked for identification.) Q. Let me direct your attention to what's been marked as Exhibit, and for the record, this may have also been marked as Exhibit previously, however, we weren't able to put our hands on it today, so I've had it remarked. What is that document? A. It's Hamilton Township's Comprehensive Land Plan. Q. And were you on the Hamilton Township Board when it passed its Comprehensive Land Use Plan? Q. Okay. And it was passed on July th of by a to zero vote; is that correct? () 0-

18 0 A. I believe that's correct. Q. And the purpose of the plan, as identified on the first full-text page, which is Book of Page 0 at the bottom, do you see that? Q. The purpose and intent of the plan is to guide decisions on managing growth and change within Hamilton Township; is that right? Q. And this plan was intended to supplement the Lee County Comprehensive Plan we had marked as, correct? Q. The plan -- Hamilton Township plan identifies that the Township has three natural areas, one being the sand prairie state habitat area, another the Green River State Wildlife Area, and the third, the Foley Sand Nature Preserve; is that right? Q. And would you agree that most of the Hamilton Township along the Green River and its tributaries is FEMA floodplain. A. Yes, it is. () 0-

19 0 Q. Most of Hamilton Township also lies within an environmental corridor; is that right? Q. The Industrial/Commercial Development language of Hamilton Township plan makes clear that there are no detailed planning areas within Hamilton Township; is that right? Q. And detailed planning areas, if you go back and look at the Lee County Comprehensive Plan, are those areas where Lee County has specifically detailed how it intends and what's to foster development; is that right? A. Right. Q. The Hamilton Township Plan specifically states that the Lee County Comprehensive Plan restricts floodplain areas to no development; isn't that right? Q. And this Hamilton Township Plan supports that restriction of floodplains from developments; isn't that correct? Q. The Hamilton Township Plan has four primary () 0-

20 0 goals, which are to protect the health, safety and quality of life of Township residents, to protect the agricultural land within the Township, to preserve the rural character within the Township, and to protect the natural resources and unique beauty within the Township; is that right? A. That's correct. Q. One of those -- and to foster the protection of agricultural land. The plan states it will discourage non-agricultural development through continued use of land evaluation and site assessment; is that right? Q. The plan provides, under Future Land Use Recommendations, that agricultural should remain dominant land use within Hamilton Township? Q. It also provides that only land to be available for non-farm development should be those parcels suitable for residential or commercial zoning and which meet all County guidelines; is that right? () 0-

21 0 Q. The plan goes on to provide that Hamilton Township will not recommend construction of wind turbines in the Township in that they violate many of the goals of the Township Land Use Plan; is that right? A. Right. Q. The plan was amended on February of ; is that right? A. Right. Q. Actually, February of ; is that correct? Q. It was filed in Lee County on February. Do you see that on the front page of the Amendment, which is at Book 0, Page? A. Yeah, I see it. Q. All right. The Amendment provided, again, that Hamilton Township will not recommend construction of wind turbines in the Township, in that they violate many of the goals the Township Land Use Plan; is that right, at Page 0? A. Right, that's correct. Q. It then went on to add the following language: "While wind turbines are not recommended for () 0-

22 Hamilton Township, to the extent a project is considered for the Township at a minimum the following setbacks for industrial wind turbines must be adhered to: 00 feet from the property lines of non-participating landowner unless a written waiver is acquired from the non-participating landowner and any existing tenant; and 00 feet from our major drainage source (Green River), do you see that? Q. It also provides that, "Any waiver of any setback requirement shall only be considered an effective compliance with this subsection if said waiver runs with the land and is recorded as part of the chain of title and the deed of the subject property"; is that right? A. Right. Q. Now, the proposal, does it have 00-foot setbacks from non-participating landowners? A. No. Q. Does it have 00-foot setbacks from major drainage source, which happens to be the Green River -- A. Yeah. () 0-

23 Q. -- in Hamilton Township? A. No. Q. So would you agree that this proposal does not comply with the Hamilton Township Land Use Plan? (Exhibit No. marked for identification.) Q. If you would, take a look at Exhibit No.. What is that document? A. It's where the Trustees agreed upon the -- our development plan for our Township and our objection to the wind proposal -- Q. Okay. A. -- yeah. Q. In addition to hiring me to represent you objecting to this proposal, Hamilton Township Trustees met and voted on a Resolution explicitly providing that they object to this proposal; is that correct? Q. And this is that Resolution; is that right? Exhibit is that Resolution, correct? Q. And the reason the Township Board is determined () 0-

24 it is not appropriate, is because, once again, this area's floodplain and it's not preserving agricultural land; is that right? Q. Is it the Trustee's concern that the proposal may harm the health, safety, and quality of life of Hamilton Township residents? Q. Is it concerned that it will destroy the pristine vistas and views of this environmental corridor? Q. Is it concerned that it will pose risk to the wildlife that are contained within this environmental corridor? Q. Is it concerned it will degrade the rural character and nature of Hamilton Township? MR. PORTER: Okay. Your Honor, did we get that one marked as? JUDGE SLAVIN: Uh-huh. (Exhibit No. marked for identification.) () 0-

25 Q. If you take a look at Exhibit. Isn't it -- well, strike that. What is this document? A. It's computation information from Hamilton Township petition. It has members signed up for windmills and those who did not, and it's showing acres. Q. Okay. Attached to these documents are petitions against the Green River Wind Farm; is that correct? Q. There's also attached to that a summary of those petitions against, as well as a summary of those -- a map showing those landowners that are participating versus non-participating in Hamilton Township; is that right? Q. And this petition against the Green River Wind Farm was acquired, in part, a request by the Trustees of Hamilton Township; is that right? Q. And these petitions, which are -- which start on Page of the document, are signed by objectors who are residents and homeowners () 0-

26 living in Lee County; is that right? Q. And in addition to those petitions, there is some compiled information about those who are not participating and objecting; is that correct? Q. And that's contained in the first four pages. Q. And that first four pages shows that the landowners who are objecting to the permit have a total of over,00 acres of land; is that right? A. That's right. Q., of that is agricultural land, 0 acres of it is farmettes or residential land; is that right? A. Right, right. Q. In addition, the natural areas in the area total another 00 acres; is that correct? Q. And the acreage of those who are actually participating in the project are 0 acres; is that right? () 0-

27 Q. And if, indeed, the Applicant is correct, that Parcels and -- I'm sorry, Turbines and and are not moving forward, it's 0 acres; is that right? Q. If you count up all the signatures of those people from Hamilton Township that are objecting via this petition, there are signatures; is that correct? Q. And this map shows that within Hamilton Township, there are only seven participating landowners; is that right? Q. And isn't it also true that the map shows that of those seven landowners, four of them are rental homes? Q. But there are homes depicted in the map within Hamilton Township; is that right? Q. I'm sorry, there are homes that are identified as owners who have petitioned against () 0-

28 the wind farm; is that correct? A. Yeah, that's correct. Q. And that's identified on the map as -- by a circle, the homes that are against have been circled; is that correct? Q. And then the participating landowners in the Green River Wind Farm, those are marked by an "x"; is that correct? Q. And the rental homes of those participating landowners are marked by a star; is that right? Q. And the petition itself explicitly provides that the individuals signing as citizens of Illinois, who hereby objects to a wind turbine facility proposed by Green River Wind Farm in Lee County, Petition No. -P-; is that correct? Q. So would you agree that in your Township the overwhelming majority of people object to this project? () 0-

29 Q. Okay. I need to have a document marked and entered into evidence, which is -- which has not been to date, but I know you've reviewed, which is the Lee County Soil and Water Conservation District Report; is that right? I've looked at it. Q. I'm not going to ask you to go through it in depth this report, but I need it in the record. And it's a thick one. There's four. Because of the size of this, even though it's double-spaced I only made eight, I didn't make any extras. JUDGE SLAVIN: Good. He's got the two in front of him, so. (Exhibit Nos. and marked for identification.) Q. Okay. You've had marked in front of you Exhibits Nos. -- JUDGE SLAVIN:,. Q. -- and. is the full-length Water, Soil, and Conservation Report (sic); is that correct? Q. And then is a summary that has been prepared for you in relation to that report; is () 0-

30 that right? Q. And I'm going to direct your attention primarily to the summary, because what that does is it has gone through and identified for each of the parcels that are contained in the large exhibit, that are within Hamilton Township, the findings of the Soil and Water Conservation District; is that right? Q. And if you look at the details of the report, it's clear that for a majority of the sites, the designation for the propriety of development of haul roads is severe; is that correct? Q. And that's because those sites are within floodplain; is that right? Q. Likewise, as far as land roads, the Soil and Water Con -- the water district report explicitly identifies that for most of the turbines within Hamilton Township, the ability to construct for roads is very limited; is that right? () 0-

31 Q. Likewise, the report identifies that most of the soils are hydric; is that correct? Q. Now, when the report identifies that a property is severe for haul roads, that means it will be very difficult or costly to build a haul road; is that correct? Q. Likewise, as far as natural surface roads, the Soil and Water Conservation District concludes that all sites are rated moderately, severe, or poorly suited for natural surface roads due to ponding, wetness, or low strength; is that right? Q. And isn't it true that the report identifies that poorly suited, indicates that the limitations generally cannot be overcome without major soil reclamation, special designs, or expensive installation procedures; is that correct? Q. The Soil and Water Conservation District in () 0-

32 their -- the text of their reports also identifies that care needs to be taken to maintain and locate underground drainage tiles; is that right? Q. Is that a concern of yours? A. Yes, it is. Q. Why? A. Well, I farm there. I have drainage tile, and when somebody's drainage tile gets cut or it's not replaced or fixed, the next guy's down the line is going to suffer from the tile not being repaired or being crushed and not being able to find it and making it flood easier. Q. Is that -- is the effects on drainage a concern of the Trustees as well? A. Yes, it is. Q. Why? A. Because we are responsible for the roads in our Township. And we have good roads, but being wetlands, when they start running heavy equipment over the roads, it's going to tear them up, and then they'll have to be maintained and our Township can't afford to maintain those () 0-

33 roads, not with that kind of traffic. Q. Ultimately the summary indicates that 0. acres of prime farmland will be taken out of production forever; is that correct? Q. And that's from the turbines and the access roads; is that right? Q. And within the Lee County Comprehensive Plan, we had marked as Exhibit, isn't it true that it provides that the loss of highly productive farmland is a significant concern in many areas across the County, including -- I'm sorry, many areas across the country, including Lee County? Q. You referenced earlier that all of the soils are identified as hydric. Isn't it true that Page of the report provides that hydric soils indicate the presence of drainage ways, areas subject to ponding and natural occurring high water tables? Q. If development occurs at a site that contain hydric soils, like in this proposed project, () 0-

34 there is an increased concern of loss of water storage in the soils and increased potential for flooding other areas then; is that right? Q. All right. Now, you also own some land in this area; is that right? A. Yes, I do. Q. And it happens to be nearby an area where there's some proposed turbines; is that correct? A. Yes, that's correct. (Exhibit No. marked for identification.) Q. Has a document been handed to you marked as Exhibit? Q. What is that document? A. It's a view of Hamilton Township and where each one of the proposed windmills will be and participating landowners. Q. Okay. I'm going to wait for a second here and let the Judge catch up because I need the Board to have this in front of them. Sorry, Your Honor. If you would, would you identify where () 0-

35 your property is located on that map? A. Yes, if you look where, I guess it would be the top right-hand corner where there's a No. in the middle of six windmills? I am in the next section over, and it's a large triangled piece that says I'm a participator, which I am not. Q. Okay. If you would just hold it up and point to it for everybody. A. Here's six windmills here, and there is my farm right here, and they have it shaded in as being a participator. Q. Okay, so it's marked down there as Parcel No. 000; is that correct? A. Correct, correct. Q. And it is of a white designation, which according to the key means that you are a participating landowner; is that right? A. That's what it says I am. Q. And have you ever signed a contract with Mainstream? A. No. Q. So their sound study has identified your property as participating and you're not. () 0-

36 Q. And so do you know if the setbacks are adequate as to even under the current ordinance -- A. No, I don't. Q. -- to your property? A. No, I don't. Q. Do you know -- you see that red-dashed area? Q. What is that? A. That's the Green River Conservation reserve area. Q. Okay. Is that accurate as to the Green River Conservation area? A. No, it's not. Q. Why not? A. The -- above the hatched red area, I believe I can read this, it's Section 000. That is all part of the Green River Conservation reserve. Q. And yet it's indicated on this as being -- A. Just farm ground. Q. -- Class C farm ground; is that right? A. Correct, correct. Q. So again, the noise study did not look at all at the Green River -- well, strike that. () 0-

37 Did not look at the accurate boundaries of the Green River area; is that correct? Q. The noise study ultimately refers to over 00 receptors, but those are identified as non-participating properties. Do you know if that's accurate? A. No, I don't. MR. PORTER: Final exhibit. (Exhibit No. marked for identification.) Q. Do you have Exhibit -- is it, Your Honor? JUDGE SLAVIN: He has an Exhibit. A. Yeah. Q. Do you have an exhibit in front of you dated January,? Q. What is that? First of all, what's it been marked, what number, I'm sorry? A. Exhibit. Q. Okay. What is Exhibit? A. It's a note to the Lee County Zoning Board about, looks like two more parcels that are indicated as being part of the windmill farm and () 0-

38 they're not. Q. Okay. Are you aware that someone else has been identified on the sound contour map as participating in the project, like you were, but is not? Q. And who is that? A. It looks like it's the Fisks (phonetic). Q. Okay. It's actually the Fisches; is that right? A. Fisches, okay. Q. And in particular, they identify Parcels 0000 and 0000 as their properties; is that correct? Q. And they identify they have not entered into any contract with Mainstream; is that right? Q. And yet, they are identified on the sound contour map, are they not, as white participating properties. Q. And that's in the lower left-hand corner of where those two properties can found; is that () 0-

39 right? A. One has a right in the middle of it. Q. I'm sorry, it's, right? Nearest the turbine? A. Yeah, nearest, but there's a right in one of the squares, and that's not a windmill. Q. Okay. Section. A. Section, yes. Q. In addition to identifying that they are not participating despite the contrary conclusion of the sound contour map, they've also noted, have they not, that they have an FAA-approved air strip on their property? Q. And they have safety concerns about having turbines within two miles of that air strip; is that right? MR. PORTER: I have nothing further. JUDGE SLAVIN: All right. Q. Let me back up. Do you have anything you want to add? Mr. White, is there anything you'd like to add? () 0-

40 A. Well, being a Trustee, I'm a little concerned about our Township. We have quite a few bridges, quite a few culverts. I don't know how big the cranes and trucks and stuff that are going down our roads, but if just one of our bridges -- may not be taken out of commission, but if it is a structurally damaged enough that it takes away its load capacities, then everybody that lives in that Township and a good portion of the farmers that the roads have become not of use to us, because we won't be able to use the bridges anymore. And I don't know how long it takes to get a bridge installed, but I've watched the State, and it takes a long, long time to get a bridge put in. Q. And has anyone talked to you from Mainstream? A. I'm sorry? Q. Has anyone been talking to Hamilton Township Trustees from Mainstream about road use? A. No. MR. PORTER: Nothing further. JUDGE SLAVIN: All right. First, Members of the Zoning Board. Mr. Chairman, Mr. Buhrow? () 0-

41 CHAIRMAN BUHROW: Yes, was there any other -- roads are the main concern by the Township then? THE WITNESS: That and when they put all the windmill driveways in, and Lee County -- Hamilton Township does flood, and the Green River does go over its banks, and when they start installing wind turbines and roads, they're going to be raised above ground level and it will be water blockage, slow the water getting off the land, redirect the current, so it will probably cut more ground than just flowing over top of it, having to go around all the windmills. CHAIRMAN BUHROW: You said you lived down there for a number of years. How much of the Township have you ever seen under water when the Green River floods. THE WITNESS: I'm three-quarters of a mile from the Green River, and it's been on my doorstep and north to me another half a mile. And it goes from Route clear through our Township down into Whiteside County when it goes out. And most the windmills are all along the () 0-

42 0 Green River. CHAIRMAN BUHROW: I think that's all I've got. Thanks. JUDGE SLAVIN: Mr. Pratt? MR. PRATT: No questions. JUDGE SLAVIN: Mr. Fassler? MR. FASSLER: Forster or Fassler? JUDGE SLAVIN: I said Fassler, I'm sorry. MR. FASSLER: Oh, okay. Dave, when did the conservation area buy that northwest corner? THE WITNESS: Probably at least years ago. I don't know the exact date they bought it from Marvin Wallace. MR. FASSLER: Okay. That's the property, that was all Wallace ground? THE WITNESS: That was all Marvin Wallace farm, yes. MR. FASSLER: And these windmills that are designated are well within the half mile. THE WITNESS: Yes. MR. FASSLER: Okay. And that top corner of those six, the river's splitting them, isn't it? THE WITNESS: Yes, it goes right down the () 0-

43 middle of them. MR. FASSLER: Down the middle of those six. THE WITNESS: Yeah. I believe there's maybe three on the north -- four of them on the north side and two of them on the south side of the river. MR. FASSLER: Okay, okay. That's all I have. JUDGE SLAVIN: Mr. Bothe? MR. BOTHE: I have no questions. JUDGE SLAVIN: Mr. Forster? MR. FORSTER: No questions. JUDGE SLAVIN: All right. Robin Ackerson? Giles Kalvelage? MR. KALVELAGE: No questions. JUDGE SLAVIN: Steven Robery? MR. ROBERY: No questions. JUDGE SLAVIN: Elizabeth Hartman? MS. HARTMAN: No questions. JUDGE SLAVIN: Kathryn Guither? MS. GUITHER: No questions. JUDGE SLAVIN: Kendall Guither? MR. GUITHER: No questions. () 0-

44 JUDGE SLAVIN: Ed Gerdes? MR. EDWARD GERDES: No questions. JUDGE SLAVIN: Dean Gelden? Marcia Thompson? Mark Wagner? MR. WAGNER: No questions. JUDGE SLAVIN: Greg Wahl? Eleanor Zimmerlein? MS. ZIMMERLEIN: No questions. JUDGE SLAVIN: Rich Boris? MR. BORIS: To reiterate what I believe I heard you testify, that the site plan for wind turbines ignore entirely the Lee County Comprehensive Plan. THE WITNESS: Yes. MR. BORIS: And in addition to the Lee County plan, it ignored the Township plan. THE WITNESS: Correct. MR. BORIS: Basically for the profit of a small number of residents, right? JUDGE SLAVIN: That's argumentative and that's not a question. MR. BORIS: Thank you. JUDGE SLAVIN: Marie DeSomer? Bob Logan? MR. LOGAN: Good evening, Mr. White. () 0-

45 THE WITNESS: Good evening. MR. LOGAN: What is your understanding of the Hamilton Township Comprehensive Plan as it relates to the Lee County Comprehensive Plan? THE WITNESS: Well, when the committee was set up to do it, they looked at the Lee County plan and based a lot of decisions that they made were off the Lee County plan, according to what Lee County came up for our Hamilton Township. MR. LOGAN: Do you consider Hamilton Township then to be, like an advisory group to the County or who -- you know, what authority do you have compared to what the County has? THE WITNESS: We probably don't have the authority the County does, but we have concerns about our Township and how it's operated and the concerns of the people in our Township. Yes there is some in our Township that would like the windmills, but the percentage of people in our township that prefer not to have the windmills is rather large. And we're concerned about our area's roads and the moving of water when we do have problems with the Green River, and there's a lot, a lot of tile. () 0-

46 MR. LOGAN: All right. I have a couple other questions, not a lot; but your comprehensive plan, I believe it was stated that it was adopted in ; is that correct? THE WITNESS: Yes. MR. LOGAN: And then amended again in February of? THE WITNESS: I can't -- MR. LOGAN: I'm pretty certain that that's correct. THE WITNESS: Okay. MR. LOGAN: My question is, was all of that activity, the adoption and the amendment, did that take place before these permits were applied for? THE WITNESS: No. MR. LOGAN: Not before they were? THE WITNESS: I don't believe they were. The permits have been applied for -- somebody will have to tell me how long the permits have been applied for. MR. LOGAN: I believe the permits were applied for -- JUDGE SLAVIN: No, no, no, you asked the () 0-

47 question. MR. LOGAN: All right. All right. Okay, no problem. Your property was misidentified as a participant. Are you aware of any effort to amend those maps that shows you as a participant or non-participant? THE WITNESS: I've had this map here -- or not this exact one, but my copy of it for a couple months now, pert near. MR. LOGAN: And you're not aware of any amendments? THE WITNESS: I am not aware of any amendments to it. MR. LOGAN: All right. Are you aware as to whether Hamilton Township has entered into any road ship -- or Township road agreements with Mainstream? THE WITNESS: No. MR. LOGAN: You're not aware, or have they not? THE WITNESS: Have not. MR. LOGAN: They have not. Are you aware that the Lee County engineer () 0-

48 has recommended that no special use conditional permits be used -- issued unless there are road agreements in place? THE WITNESS: That I do not know. MR. LOGAN: Okay. Is the impact of a wind farm development limited in Hamilton Township to the 0. acres that you spoke of as being part of the tower and the road access? THE WITNESS: Yes. MR. LOGAN: Is that the limit of the impact? THE WITNESS: The area that they'll be using, yes, correct, for roads and towers. MR. LOGAN: No, I'm not asking if that that's the area they're using. JUDGE SLAVIN: Don't -- don't tell him what you're asking. MR. LOGAN: Okay. JUDGE SLAVIN: That's the problem with asking questions. MR. LOGAN: Okay. 0. acres, nothing else will be impacted, only that 0. acres? THE WITNESS: That's where the tower will be and the roads will be constructed. () 0-

49 MR. LOGAN: That's not answering my question. Okay. I think that probably answers the questions that I have asked. JUDGE SLAVIN: Thank you. Nancy Timble? Jim Timble? Greg Gonigam? Thomas Stephan? David Ackerson? Jose Ware? Pat Scully. Kim Schertz. Tony Savino. Brian Van Laar. Julie Van Laar. Karen Kenney. Any folks whose names I have not called by use of the half sheets that have any questions? Mr. Lee. MR. LEE: Thank you. C R O S S E X A M I N A T I O N By Lee Q. Good evening, Mr. White. A. Good evening, Mr. Lee. Q. You're familiar with the Lee County Comprehensive Plan, I take it? You testified about it? Q. And I think at one point, we were looking at Page I-, talked about environmental corridors, and the language you quoted was the protection () 0-

50 of environmental corridors from additional intrusions by incompatible land uses. A. Correct, that's -- Q. That's what they're concerned about? Q. I'm sorry? Q. Does it say anywhere in the comprehensive plan that a wind farm or wind turbine is an incompatible land use? A. It doesn't state that anywhere. Q. Okay, thank you. And the Map we looked at, can you find that again? A. Map? MR. PORTER: Page I-. A. Oh, there it is, I had two right there. Q. That's the one with the circles and the various colors, and you testified accurately that the almost black circles or areas are what's designated as windmill farms? Q. That's the existing location, correct? A. That I don't know for sure. () 0-

51 Q. But it's not your understanding that this is the County's view -- or the only place they can be; is that right? A. At this present time. Q. At this present time what? A. Well, if these three here are windmills, they don't have any other ones at this present time that they've designated, correct. Q. Sure. Correct, but I guess what I'm trying to figure out is, is it your understanding that this map limits for all time wind farms to those three shaded areas? MR. PORTER: Objection, calls for a legal conclusion. JUDGE SLAVIN: You did it as well, overruled. A. Will you restate the question again? Q. Sure. What I'm trying to find out is it your understanding, this map, Map, limits wind farms in Lee County to those three areas for all time. A. At this present time. I mean, it's not for all time; but at this present time, they are limited to there. () 0-

52 0 Q. And just like where they indicate, for example, the hospital, they indicate where the hospitals are today, doesn't mean you couldn't build a new one in Lee County? Q. Okay. Now, the document that's marked Exhibit. I believe, and I could be wrong, I don't have a photographic memory, but I believe Mr. Porter asked you whether everyone who signed this was a citizen and resident of Lee County, do you remember that question? A. Uhm, I don't remember that question. Q. Okay, but they're not, correct? A. Correct, I'm sure they're not all citizens of Lee County, who own farm ground in Hamilton Township. Q. Okay, so these people might own land in Illinois, but they don't necessarily live there. Q. Okay. And there is many instances of people, for example, live in Nevada or somewhere else. Q. Okay. Now, you mentioned your concern about roads. () 0-

53 Q. And that's a concern a lot of people share, correct? A. I'm sure it is. Q. Okay. A. Especially when you live in a floodplain. Q. Sure. Do you had know an attorney named Ms. Kuzma (phonetic)? A. No. Q. You're not aware that she represents -- claims to be representing Hamilton Township in negotiating road agreements with Mainstream? A. I'm not familiar with that. Q. Are you telling me it's not occurring, or you just don't know? A. I don't know. Q. But if there's an acceptable road use agreement negotiated and signed by Hamilton Township, that will alleviate many of your concerns at least, won't it? A. No. Q. If you sign an agreement that doesn't alleviate a concern? MR. PORTER: Objection, asked and () 0-

54 answered, he said, no. JUDGE SLAVIN: Overruled, it's cross-examination. A. Would you state it again, please? Q. Well, what I'm trying to figure out is: If Hamilton Township enters into a road use agreement with Green River Wind Farm, LLC, then I presume that some of those concerns about roads would be alleviated in that agreement; is that right? MR. PORTER: I object, assumes facts not in evidence. JUDGE SLAVIN: Overruled. A. If there's an agreements signed, it would; but it would need to be an awful long-term agreement. Q. Sure, right, and if the Zoning Board of Appeals saw fit to include a condition, that condition granting these special uses on the requirement that Green River enter into and accept the road use agreement with Hamilton County (sic), that's something you'd be in favor of, correct? A. Well, the question I have for you is -- JUDGE SLAVIN: No, you don't ask () 0-

55 questions. THE WITNESS: I don't ask any questions. JUDGE SLAVIN: No. THE WITNESS: Okay. Ask it again then, sir. Q. Sure. If the Zoning Board of Appeals in the County sees fit to impose a condition that requires Green River Wind Farm to enter into a road use agreement with Hamilton Township before any turbines go up, that'd be a good thing, from your perspective, wouldn't it? A. If it's an agreement, yes, I would have to abide by it. Q. Sure. Now, the Exhibit with the turbines on it? Q. The -- I just want to make sure I understand. The triangle that you identified as property you own -- Q. -- that's not where your house is, right? Is it? A. Yes, it is. () 0-

56 Q. It is? Well, I'm confused then. The shaded area, your house is in that areas? A. I've been there for years. I think that's where I live. Q. Okay, well, then I'm confused about your other map then. The map in, doesn't that show your house north of Section section line? A. Yeah, my house is north of that section line, correct, yes. I'm sorry. Q. So it wouldn't be in that shaded area. A. No, my house -- excuse me, my house would not be in the shaded area. Q. Okay. And then same with the Fisches who wrote the letter as, they don't have a home in that shaded area you talked about? A. That I do not know. Q. Well, if you look at your map in Exhibit, does that show a home in Section, north of -- north of the -- red oak ditch? A. I don't see any homes listed there. Q. And that's where that shaded area is, right? MR. LEE: That's all I have, thank you. JUDGE SLAVIN: Thank you. () 0-

57 You may step down, sir. MR. PORTER: Judge Slavin, I have one more witness. She will be relatively brief. Can we take a few minute break while I talk to her? I mean, she'll be done in all of minutes or half hour, so we'll easily be out of here in time. JUDGE SLAVIN: Raise your right hand. MR. PORTER: There's no way. JUDGE SLAVIN: We'll take. (A recess was taken at :0 p.m. and proceedings resumed at : p.m.) JUDGE SLAVIN: All right, Ladies and Gentlemen, let's try and take our places again. All right, Mr. Porter, you may. MR. PORTER: I would call my client, Nancy Rutkowski. NANCY RUTKOWSKI, having been first duly sworn, was examined and testified as follows: D I R E C T E X A M I N A T I O N By Mr. Porter Q. Good evening, Miss Rutkowski. If you would () 0-

58 kindly spell your name for the court reporter, please? A. It's R-U-T-K-O-W-S-K-I, Nancy A. Q. And where do you live? A. I live in Hamilton Township. Q. Where at? A. Address? Q. Yes. A. 0 Atkinson Road, Harmon, Illinois. Q. And who do you live there with? A. Pardon me? Q. Who do you live there with? A. My husband, John. Q. And how long have you lived there? A. I have lived there, oh, short -- just short of three years. Q. Do you have in front of you an exhibit? A. Yes, I do. Q. And what number has that been marked? JUDGE SLAVIN: For some reason, she has one that's unmarked. THE WITNESS: Yeah, I have one that's unmarked. JUDGE SLAVIN: We'll take care of that () 0-

59 real quick. THE WITNESS: Thank you. JUDGE SLAVIN: Yep. (Exhibit No. marked for identification.) Q. I'm sorry, I don't have it in front of me. What number is that marked? A.. Q. Okay. What is Exhibit? A. I'm sorry, I didn't hear you. Q. What is Exhibit? A. It is a map as to the turbines that are near my home, as well as, the location of my home. Q. Okay, and you live near the Green River; is that correct? A. Yes, I do. Q. How far from the Green River? A. Oh, I would say just about a half mile in any direction of our home. Q. And there are a variety of turbines that are proposed to be near your home; is that right? A. That's correct. Q. As a matter of fact, there are seven turbines, Turbines,, 0,,, and that are () 0-

60 proposed to be within one mile of your home; is that right? A. That is correct. Q. And of those, two of the turbines, Turbines and 0, are within 00 feet of your home -- proposed to be within 00 feet of your home; is that correct? A. Yes, is approximately 00 feet; and 0 is about 00 feet. Q. And all of those turbines surround the Green River; isn't that right? A. Yes, they are. Q. And where did you live before you moved here? A. I lived in Chicago. Q. And how long did you live in Chicago? A. I lived in Chicago for 0 years. Q. And why did you move out to Lee County, Illinois? A. When I retired, it was my wish to live in the country to enjoy farming at its best, nature at its best, and so far it's been there. Q. And what do you do with your property? A. We just really enjoy it. We have apple trees, we have pear trees, we have a variety of things () 0-

61 like that. Nature preserve around us. We see a lot of wildlife and we enjoy that. Q. And do you spend time out of doors near your home? A. Most of the summer we're out almost every day. Q. And what you do when you're out? A. Well, we mow, we tinker, you know, just enjoy it, and we sometimes sit on the back porch and just listen to the birds. Q. And I'm sorry, when did you first move to your residence in Hamilton Township? A. June of. Q. And has the last two and a half years lived up to your expectations as far as a rural community? A. Yes, it has and much more. We've enjoyed an abundance of wildlife. Q. And are you concerned about the proposal? A. Yes, I am. Q. Why? A. We have friends who have lived in wind farm areas before who have experienced detrimental effects to their lifestyles, and not only their personal lifestyles, their -- the nature that () 0-

62 0 was around them has been affected. Q. Are you also concerned about your property values? A. Yes, I am. Q. Why? A. As expert witnesses have testified here, we can look forward to a to 0 percent loss on our property value, which would, in our case, be 0 to $0,000 in loss. Q. And is your home an important asset to you? A. Yes, it is. When you're retired, you're on a fixed income and every penny counts. Q. Does the prospect of having noise in the area bother you? A. Yes, greatly. I'm not the world's best sleeper, and from what I hear at nights, the noise is the worst, and I'm not looking forward to it. Q. What about the flashing lights, do you -- are you concerned about those? A. Yes, I am. Q. If, God forbid, this Zoning Board of Appeals decides to recommend this project, would you prefer that the project have -- be required to () 0-

63 use a system that make the lights stay off unless an aircraft approaching? MR. LEE: Objection as to form, argumentative. JUDGE SLAVIN: Overruled. A. Yes, I would prefer that. Q. As I understand it, you have some friends who live within the footprint of a nearby wind farm; is that right? A. Yes, in Big Sky. Q. And have they had problems trying to sell their home? A. Yes, they have. In fact, they have left their home, bought other property and have been trying to sell this for approximately two years and have not had any luck. Q. Are you concerned your property will have a similar fate? A. Yes, I am. Q. Is one of the reasons you purchased your property because its proximity to the Green River recreation areas? A. That's part of it. The other part is the property fit the bill as to what we wanted to () 0-

64 retire to. Q. Which was what? A. A home on all one level, as you can see I have arthritic problems, which was a big reason why. And the other part was my husband likes to tinker, so he has a barn to tinker with. Q. Do you look forward to the prospect of having to move away if you can't stand living by the turbines? A. I'd hate to have to the move, but at the same time, if it became necessary, I would do so. Q. Do you have anything you want to add? A. Uhm, I would like to just mention that in the time we have lived there, we have enjoyed the peace, the quiet. We have watched the farmers in the neighboring areas grow their crops. When you see the little seeds grow and harvest, it's been enjoyable to see that. We've also experienced the wildlife where we've had deers (sic) come in the yard, heron, blue birds, pheasants, you name it, and it's been a beautiful sight to see and to be around. Brings us great joy, and if I have to move I'm going to lose that. And there's probably a lot more I () 0-

65 could say, but I think that kind it encompasses it. MR. PORTER: Thank you. I have nothing further. JUDGE SLAVIN: Members of the Board, Mr. Chairman, Mr. Buhrow? CHAIRMAN BUHROW: Yes. In talking to some of your friends in Big Sky, have they given you any indication of how far away it might be acceptable for a distance to be from a wind farm? THE WITNESS: This particular person I'm talking about, his turbine is a quarter of a mile from his home, and it's affected him greatly with shadow flicker, noise, to the point where they had to look for other property. CHAIRMAN BUHROW: But I mean, just in their experience, have they related any distance that might work in their situation? THE WITNESS: Well, outside of not wanting them there, they would probably say a mile. CHAIRMAN BUHROW: I think that's all. JUDGE SLAVIN: Mr. Forster? MR. FORSTER: No questions. () 0-