Solar power plan prompts recall attempt on township supervisor in Muskegon County - MLive.com

Solar power plan prompts recall attempt on township supervisor in Muskegon County - mlive.com

MUSKEGON COUNTY, MI – A township supervisor is facing recall for his role, including offering up some of his property, in a large and controversial solar energy project in northern Muskegon County.

Recall language aimed at White River Township Supervisor Michael Cockerill was approved by the Muskegon County Election Commission on Monday, April 3.

Cockerill has 10 days to appeal the decision, after which a court hearing would be held within 40 days to determine if the language is appropriate.

The recall cites, in part, an alleged conspiracy by Cockerill to bring the “massive solar project” to the township that he kept “secret.” It also states that he failed to disclose his financial interest in the project.

Lakeside Solar LLC, a subsidiary of National Grid Renewables, has proposed a 1,700-acre solar array in the township that initially had the backing of the township board.

However, following public backlash, the board in January enacted a six-month moratorium on any new solar projects. That prompted a lawsuit against the township from Lakeside Solar that is pending in U.S. District Court.

In the meantime, township officials have drawn up zoning ordinance amendments that would limit such commercial solar energy projects to about 500 acres. Those amendments will be the focus of a planning commission public hearing on April 19.

Related: Solar power developer sues township for failing to consider large project in West Michigan

Cockerill has agreed to lease some of this farm property to National Grid Renewables for the Lakeside Solar project, township Attorney Clifford Bloom wrote in a letter to township Clerk Patti Sargent in December 2022.

That resulting “financial interest” creates a conflict of interest for Cockerill, who should recuse himself from any proceedings related to solar energy facilities, Bloom wrote.

MLive/Muskegon Chronicle was not able to reach Cockerill for comment. His published phone number goes directly to a phone recording that says voice mail has not been set up.

The following is the approved recall language against Cockerill:

“Prior to his 2020 re-election Cockerill conspired with others to form Lakeside Solar LLC to bring a massive solar panel project to the Township, representing substantial financial benefits to all founders. In violation of Michigan Ethics Act MCL 15.341 he kept this secret until late 2022. As supervisor he continues to conduct township business presiding at Board meetings, with access to all Planning and Zoning activities without disclosing his financial interest. His involvement has never been formally disclosed to the public nor did he recuse himself over his first two years in office.”

The lawsuit against the township notes that Lakeside Solar has been working on the project for three years. In December 2019, White River Township enacted a zoning ordinance governing solar energy systems that it developed in “collaboration” with Lakeside Solar, the lawsuit states.

But that spirit of “working together” fell apart after some township officials who were against the project sent out a public opinion survey that prompted organized opposition to begin to develop, the lawsuit says.

Dave Pickard, who submitted the recall language, told MLive/The Muskegon Chronicle that Cockerill “conspired with” about a dozen other landowners on the solar project.

“There has not been on his part, to my knowledge, a confession if you will that ‘I have this interest that will benefit me,’” Pickard said.

Meanwhile, Cockerill was participating in township activities surrounding the solar project, including development of the solar ordinance, Pickard said. Meeting minutes show that Cockerill abstained from voting when that ordinance was approved.

Related: Large solar energy project proposed for northern Muskegon County topic of upcoming forum

Pickard is opposed to the 1,700-acre proposal, saying it will impact such birds as sandhill cranes, kestrels and other raptors that need open farm fields.

“It will affect the general health, safety and general welfare of the people who live immediately adjacent to these fields as they’re going to look out their windows and that’s all they’re going to see,” he said.

He said “team captains” are standing ready to circulate the recall petitions. According to MLive calculations, 219 signatures – 25% of township votes cast in the last gubernatorial election – will be needed to put the recall question on the Nov. 7 ballot.

While opposition to the solar farm has organized, mainly through the Stop Industrial Solar in White River Township group, so has support for it. The White Lake Area Climate Action Council has embraced solar energy, though it believes some amendments to the Lakeside Solar proposal are needed.

The solar project would produce up to 200 megawatts of energy, according to National Grid Renewable’s website.

Lakeside Solar submitted a special land use request, required under the new solar ordinance, in November 2022. At first, the township indicated a public hearing on the request would be held in January, the lawsuit states. But that hearing was canceled under the influence of “anti-solar citizen-opposition groups” and never rescheduled, the lawsuit states.

Instead, the six-month moratorium on solar projects was adopted in order to work on amendments to the township’s solar ordinance, according to township meeting minutes.

The lawsuit asks the court to order the township to remove the moratorium and promptly consider the special land use application for the solar project. It also seeks reimbursement of an unspecified amount of attorney’s fees, costs and damages.

Lakeside Solar has spent more than $1.6 million on the project for a variety of expenses, including landowner payments, according to the lawsuit.

The proposed solar ordinance amendments for which the planning commission will hold a public hearing include, among other items, limits on solar installations to 5% of township land, or about 500 acres, and requires setbacks for “utility-scale” solar components and required fencing. Among those are a 600-foot setback from any lot line or road.

The current limit ranges from 15 to 50 feet from property lines and 100 feet from lots of residences that aren’t part of the solar array.

The proposed amendments also would prohibit any utility-scale solar energy system from “prime agricultural soils or areas” and require the applicant to ensure impacts on wildlife – including their movement -- and surface and groundwater as well as other environmental concerns are “addressed and minimized.”

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