NORMAL - Work on McLean County's second wind farm could begin this summer. The McLean County Board approved Invenergy's request for a special-use permit for the 100-turbine White Oak Wind Energy Center in western McLean County and part of Woodford County on Tuesday.

Joel Link, Midwest director of business development for Invenergy, said the company needs to finish up a few things, including determining final turbine placement, but could apply for building permits in a couple of months.

Meanwhile, Melissa McGrath, the Bloomington attorney representing residents who oppose the wind farm, said she will be discussing a possible appeal of the County Board's decision with her clients.

"I'm not surprised they took the action but I'm disappointed by the procedure and lack of procedure," McGrath said. "After 12½ days of testimony, the County Board takes 10 minutes. They clearly didn't review the testimony."

But Carlock resident Janet Suhr, who will have three turbines on her property, said she believes the opposition received "more than ample opportunity to present their case. The zoning board of appeals was extremely patient with them."

McGrath disputes that belief. Procedural errors, such as changing the rules in the middle of the hearings and placing time limits on opponents' testimony when none was placed on proponents, were among the items McGrath cited in a request for a temporary restraining order on Monday.

McGrath asked McLean County Circuit Court Judge Charles Reynard to postpone the County Board's vote Tuesday, maintaining her clients did not receive the 35 days allowed by law to review the zoning board's decision and decide on an appeal.

The McLean County Zoning Board of Appeals agreed Feb. 8 to recommend the special-use permit for the wind farm to the County Board. McGrath said she didn't get a copy of the final findings until March 14.

But Brian Hug, the assistant state's attorney representing the zoning board and County Board, argued the 35-day window only applies to decisions on variances, not special-use permits. While the zoning board makes a final decision on variances, it only makes recommendations on a special-use permit. The final decision is up to the County Board.

In his ruling just 30 minutes before the County Board was slated to start, Reynard agreed with Hug that if there is an appeal, it should come after the County Board's vote, not before.

"They believe they have a right to appeal these alleged procedural errors. They appear to be correct," said Reynard.

Link said he is not concerned about future actions, "We're here to proceed. This is a very viable Central Illinois wind corridor with good community support," he said.

Rural Carlock resident Mark Judd is one of those supporters.

"We're obviously very pleased (with the decision)," Judd said. "The board was overwhelmingly in favor … We only lost one vote on the board."

Only County Board member Tari Renner voted against the permit, saying he didn't believe Invenergy met the criteria that no one would be harmed by the project.

Renner cited testimony suggesting property values could decline or it could take owners longer to sell homes located near the wind farm.

Board Member William T. Caisely suggested an amendment that would have required Invenergy to install automatic fire suppression systems in each turbine. The motion failed by a vote of 15-3.

Link said each turbine will be equipped to shut down in case of a fire.

"Turbines are very, very safe," he said. "It's rare when they could catch on fire."

The Woodford County Zoning Board of Appeals is scheduled to start hearings on the proposed wind farm on April 25.

At a glance

What does this mean to you?

Invenergy will be able to build a 100-turbine wind farm on 12,212 acres in western McLean County.

Background

The McLean County Zoning Board of Appeals recommended a special-use permit for the project on Feb. 8, after 12 days of often heated testimony.

How they voted?

17-1; Tari Renner voted no; Ann Harding was absent; a replacement has not been named for Duffy Bass, who died last week.