The complainant is required to keep a copy of the written complaint and U.S. Postal Service receipt.

The resolution states complaints will be deemed made on the first business day after the date listed on the receipt from the U.S. Postal Service. “The complaint shall include the substance of the complaint in sufficient detail so that the owner can determine the nature and location of the complaint,” Tuesday’s resolution states. “The complainant shall provide a telephone number and address where he (or she) can be contacted.”

• The owner shall immediately forward a copy or description of any complaints to the county building and zoning office in writing.

In the event the building and zoning office receives the complaint directly from the complainant, the county building and zoning office shall notify the owner in writing within five days, Tuesday’s resolution states. The building and zoning office also will be required to provide a copy to the county commissioner representing the district where the complaint originated. • The owner shall investigate all complaints within 21 days of receipt of the complaint.

• Within 30 days of receipt of the complaint, the owner shall give the complainant a proposed resolution of the complaint or a detailed explanation as to why no action will be taken.

• If the owner and complainant desire additional time to resolve the complaint, they may agree, in writing, to an extension of time to resolve the complaint.

Tuesday’s resolution states that once the building and zoning office approves a developer’s complaint resolution process, the process has to be posted in conspicuous places at all of the locations of the wind energy facility, and other locations reasonably calculated to disseminate the complaint resolution process to Huron County residents.

Process gives owners 21 days to respond

Per the ordinance, if no response is given to a complaint from the owner, the complainant is required to notify the building and zoning department in writing.

“The county zoning administrator shall commence an investigation of the substance of the complaint within 21 days after the county building and zoning department has been notified by the complainant,” Tuesday’s resolution states.

The investigation by the county building and zoning department shall be completed within 30 days of the date it commenced, Tuesday’s resolution states.

The resolution requires the zoning administrator compile a written report that includes whether to enforce an ordinance violation against the owner. A copy of that report is required to be sent to the complainant.

“If the complainant disagrees with the decision of the county zoning administrator, the complainant may appeal said decision to the zoning board of appeals,” the resolution states.

The zoning administrator is required to report the status of the complaint, investigation and enforcement action (or lack thereof) taken on the complaint, according to Tuesday’s resolution.

The resolution also notes that a complainant is not required to follow the procedures outlined in Tuesday’s resolution. Also, the resolution notes the county’s complaint resolution process is not intended to preclude the complainant from seeking any other legal right or remedy available in law or equity that he or she may have against any party, at any time, before any court of law or other forum.

Some say process has no teeth

During the public comment portion of Tuesday’s meeting, Lake Township Clerk Valerie McCallum questioned why the ordinance gives the developer 21 days to respond to a complaint. She said timing is relevant to a complainant who is suffering from a problem related to the wind park.

Commissioner Dave Peruski, the board’s chairman, noted developers have the ability to make their response deadline more timely than the 21 days stated in the county’s resolution. He said the county’s resolution is in place to ensure a developer’s response time is no longer than 21 days.

When asked why the county requires a certified written letter sent to the developer if someone calls with a complaint, Peruski explained that measure was in there to address the severity of the complaint. He said if someone has a serious enough complaint, he or she will not only make a phone call, but send a certified letter in the mail.

Lake Township resident Lou Colletta asked whether the complaint resolution process will be to any satisfaction to the people in Ubly who have had complaints regarding the Michigan Wind I development. It was noted the resolution more than likely will not, as it was not in place prior to the approval for the Ubly area wind development. Also, it was noted, 20 residents with complaints already have chosen to file a lawsuit against the wind energy companies involved in that project.

Minden City resident Robert McLean said the reason 20 residents in Ubly went to the lengths they have gone to is because they already tried seeking relief from the developer and county, and they had no other recourse than to file the lawsuit.

He asked the board to not put the burden on residents to take on developers, because not everyone has the financial resources to battle wind developers.

McCallum said Tuesday’s resolution isn’t doing the residents a service because it doesn’t have much teeth.

“We’re dealing with a long process here. ... (It) doesn’t seem as if this complaint resolution process is really working for the residents,” she said.

In response, Commissioner Steve Vaughan said everything is going to take time to get things resolved.

In other business during Tuesday’s meeting, commissioners decided to hold off on voting to adopt two new wind districts recommended by the Huron County Planning Commission last week, because the board is going to hold a public hearing on the matter next month. Full coverage of that decision, along with other goings on at Tuesday’s meeting, will be in the Huron Daily Tribune later this week.

Kate Hessling • (989) 269-6461 • khessling@hearstnp.com

Web link: http://www.michigansthumb.com/articles/2010/06/09/news/local_news/doc4c0f7c35e8e6d509329927.txt