NW Illinois News

City of Byron Community Services Committee met Sept. 7.

Here are the minutes provided by the committee:

Alderman Fulrath called the meeting to order at 5:30 pm.

1. ROLL CALL:

MEMBERS PRESENT: Alderman Zeke Hobbie, Chairman Alderman Mittzi Fulrath, Alderman Emily Gerdes, Alderman Mike Gyorkos

MEMBERS ABSENT: None

OTHERS PRESENT: Mayor John Rickard, Engineer Jason Stoll, Director Aaron Vincer, Director Larry Hewitt

Terry Reeverts, Ryan Reeverts, Gary Ross, Nathan Wozniak (US Solar), Dan Wilmarth, Alvin Oltmanns, BJ Bussie, Cindy Hanlin, Bill Hanlin, Craig Dimond, Patrick Gahan, Chas Winterton, David Nissen, Matt Miller, Erica Miller, Marvin Baier, Curtis Freeberg, Steven Huber, Herb Santiago, Melinda Colbert, Kip Norup, two names unreadable

2. APPROVAL OF AGENDA – SEPTEMBER 7, 2022 – Alderman Fulrath asked to add Sale of Surplus Property, Detention Pond, and Amending 2022 Streets Program as items 16 and 17 on the agenda. Alderman Hobbie motioned to approve, as amended, the September 7, 2022, Community Services Committee meeting agenda. Seconded by Alderman Gyorkos. Roll call vote: Fulrath, AYE; Gerdes, AYE; Gyorkos, AYE; Hobbie, AYE. Motion passed: AYE, 4; NAY, 0; ABS, 0.

3. PUBLIC COMMENT –

Terry Reeverts: Mr. Reeverts is representing Byron Township. He addressed the committee regarding item #8 regarding a proposed solar garden. The township received notice in July that a special use permit request for a solar garden on Conger Rd. was made. At a township planning committee meeting in mid-July, the request was unanimously denied. On July 14, a general meeting of the township was held. There was considerable community presence, and once again, the request was unanimously denied. The township board wrote a letter to Ogle County Zoning stating that the request was denied due to the fact that it did not meet the township comprehensive plan. The request also failed at the Regional Planning Committee two weeks later. The request then went to the Ogle County ZBA where it was approved by a 4 to 1 vote. Mike Miller stated that he did not have a Byron Township Comprehensive Plan. A copy of the plan, filed in 2008, was given to him. After the ZBA meeting, the Assessment Planning and Zoning Committee had a meeting and reversed the ZBA decision. The request then went to the county board, where it was sent to the City of Byron. Originally, the City of Byron sent a letter of no concern to the county, and Mr. Reeverts questioned why the subject was not brought before the council. He stated he is not against solar power, but site selection is an issue, and the township comprehensive plan protects agricultural land. As an elected official, his constituents are against the location of the solar garden. Alderman Fulrath asked for a copy of the letter from the City of Byron that was found in the Ogle County minutes.

Curtis Freeberg: Mr. Freeberg stated that he has solar power at his home. He stated that the City authority extends 1.5 miles outside of city limits. The special use conditions for solar lists many requirements over 27 pages. He read the ordinance that gives Byron the decision to approve or deny the request.

Nathan Wozniak (US Solar): Mr. Wozniak has a signed letter of no concern by Director Hewitt on City of Byron letterhead. Ogle County is the land use permitting authority, but the City of Byron needs to pass a resolution to approve the project. The project meets or exceeds all of the criteria set forth regarding solar farms except for a resolution from the City of Byron. The project is set back 750 ft. off of Route 72. It is a 5 megawatt project that will produce carbon free, low cost energy. He requests the council’s approval of the resolution.

Gary Ross: Mr. Ross is the landowner. He has a long history (25 years) of conservation tillage and cover crops on his farm. U.S. Solar will continue with the cover crop program to conserve the soil. The general PI on the entire farm is 125, which is fair. The PI on the proposed site of the solar farm is in the low hundreds, and is the poorest dirt on the farm. With the cover crops, they should be able to conserve the soil in that location. It will be de constructed at the end of thirty years. US Solar is in compliance with all state requirements. Electric bills will continue to increase approximately 10% per year in order to cover the cost that Exelon and other power companies will need to buy extra power since the coal and natural gas plants have been dis-incentivized by the government. US Solar strives to maintain stable electric prices. Mr. Ross has two solar systems and has no electric bill. It cost $30,000 to construct, but he had government incentives available.

Larry Hewitt, City of Byron Zoning Administrator, asked to speak to the committee. The reason that the mile and a half jurisdiction was put into place was so the city could be assured that subdivisions that were being built are built to city standards. This is in the event the land would eventually be annexed into the city. The signed letter that has been referenced has become standard practice for most county zoning issues. At one point, Ogle County imposed a moratorium on solar farms and developed a solar ordinance. In the ordinance, they added that anything within 1.5 miles of a city has to have city approval. The City’s position is that, while it can approve building and zoning within the city limits, it does not have jurisdiction outside of that.

Alderman Gerdes asked Mr. Ross if ComEd will be purchasing power from his solar garden for the City of Byron. Mr. Ross replied that it will go to the ComEd grid and sold to customers. Being a community solar garden, residents can subscribe to the project and receive credits on their electric bill. Alderman Gerdes asked if they would market this option to city residents, and if residents exclusively would benefit from the project. Alderman Hobbie asked how much money would be saved. Mr. Wozniak said that the savings are approximately 20% for those who purchase electricity from ComEd. The solar garden would not provide electricity for all residents. Dave Nissen said that the 5 megawatts of power being produced is at peak sun, which could be up to 3-1/2 hours maximum per day in the summer. He compared it to the nuclear plant, which produces 2400 megawatts, 97% of every hour in a year. He recently received rates from ComEd, which do not show a 20% savings from what he is paying now. He asked Mr. Hewitt about the letter sent from the city. Mr. Hewitt said that this is standard, and the County Solar Ordinance is the only ordinance that specifies approval from the city.

Bill Hanlin – Mr. Hanlin believes that US Solar is being misleading by referring to the project as a solar garden. A parcel over 90 acres is more than a garden.

Craig Dimond – Mr. Dimond lives on Townline Road. He and his wife are opposed to the solar project. They had not heard about this project in the early stages, but would have attended every meeting if they had. He opposes the solar garden for several reasons: The view would be unaesthetic, with a barbed wire fence surrounding the area; no electricity would be generated on cloudy days, or when snow covers the panels, requiring batteries to store and supply electricity; batteries and solar panels are toxic and not environmentally friendly; when toxins leak into the ground, farmland will be destroyed and the city could face legal battles; US Solar is interested in profit, and not in the well-being of Byron. Amazon recently took their solar panels off of their rooftops because they were catching fire. Hail damage could reduce their efficiency.

Dave Nissen – Mr. Nissen spoke earlier about nuclear plant electricity production. He said that solar panels run at 10 to 11% (Mr. Wozniak argued that they run at 30%). Solar farms and wind farms produce very little electricity, and he questions why they are being placed on good farmland.

Melinda Colbert – Ms. Colbert served as a founding member of the Byron Township Planning Committee, which was tasked with developing a Comprehensive Plan. Growth and development need to happen in a logical manner, while protecting the farmland. The proposed parcel is some of the better land in the Township. This project does not fit the Comprehensive Plan.

4. APPROVAL OF MINUTES – AUGUST 3, 2022 –Alderman Hobbie motioned to approve, as presented, the August 3, 2022, Community Services Committee meeting minutes. Seconded by Alderman Gerdes. Roll call vote: Gerdes, AYE; Gyorkos, AYE; Hobbie, AYE; Fulrath, AYE. Motion passed: AYE, 4; NAY, 0; ABS, 0.

5. SUNSHINE PARK PURCHASE – Attorney Szeto received a preliminary drawing that is in Dropbox. It includes a banquet facility and retail. He asked the committee if the plan is moving in the right direction, and if negotiations can continue. The committee concurred that they believe the initial plan is good, and talks should continue to narrow down the plans for the property.

6. WATER/SEWER RATE REVIEW – Director Vincer said discussions can continue at the next committee meeting.

7. PROPOSAL FOR ENGINEERING SERVICES-IEPA LAND APP PERMITTING – Director Vincer said that the sewer plant produces sludge, which is being hauled to Rockford or DeKalb. Land application is less expensive and they are exploring that as an option.

8. RESOLUTION OF NO CONCERN REGARDING SOLAR GARDEN – Alderman Fulrath would like more time to read and consider the resolution, and the other members of the committee agreed.

9. PURSHASING PROPERTY FOR PUBLIC WORKS GARAGE – Attorney Szeto said that the Public Works Department needs a new building, and there is a three acre site available from the Forest Preserve. It is by the red barn on German Church Road. The Forest Preserve can only sell one acre of land per year, but we can lease the other two acres and purchase in the next two years. They would also include an option to purchase additional land in the future.

10. BYRON CHAMBER CHILIFEST APPROVAL – Byron Chamber Director, Sarah Downs, said they have not been able to have ChiliFest for the last several years. They would like to have the event on the 100 block of 2nd St., fencing the street on both ends. Sidewalks would be kept open. No admission would be charged. They would like to allow open container where drinks could be purchased at bars that have entrances out to the street. No liquor license would be required on the part of the Chamber. Attendees 21 and over would wear a wristband. Alderman Gerdes asked if she had discussed this with Chief Murray. She did, and was able to confirm the state statutes. Many businesses plan to participate in some way. Alderman Fulrath asked if businesses will police their back doors. If approval is granted, Director Downs will discuss this with businesses further. There is no admission charge, so customers can easily visit any of the businesses on the street. Alderman Hobbie motioned to approve the new Byron Chamber plans for ChiliFest. Motion seconded by Alderman Gyorkos. Roll call vote: Gyorkos, AYE; Hobbie, AYE; Fulrath, AYE; Gerdes, NAY. Motion passed: AYE, 3; NAY, 1; ABS, 0.

11. COMPREHENSIVE PLAN – Mayor Rickard asked for permission to move forward with updating the Comprehensive Plan, putting together a proposal, getting costs, and looking for grant money available. The plan has not been updated since 2008. Alderman Gyorkos motioned to move forward with updating the Comprehensive Plan. Attorney Szeto explained that the Comprehensive Plan identifies how growth and development should occur and it should be updated every 8-10 years. Motion seconded by Alderman Hobbie. Roll call vote: Hobbie, AYE; Fulrath, AYE; Gerdes, AYE; Gyorkos, AYE. Motion passed: AYE, 4; NAY, 0; ABS, 0

12. CONSTELLATION SEWER LINE EXTENSION – Engineer Stoll reported that a meeting was held with Constellation, and Fehr Graham will be working on a report that identifies three possible routes from Constellation to the sewer plant, and lists the pros and cons of each.

13. TARP GRANT-COLFAX ST. PROJECT – Engineer Stoll reported that the plans are complete and will be submitted to IDOT.

14. WASTEWATER TREATMENT PLANT – Nothing new to report.

15. ROUTE 2 RECONSTRUCTION – Nothing new to report.

16. SALE OF SURPLUS PROPERTY – DETENTION POND – Attorney Szeto explained that there is a parcel of land in Fawn Ridge being used as a detention pond. A neighbor would like to purchase the property. He understands he cannot put up any structures or alter the use of the land as a detention pond. This will be stipulated in the deed. The City will save money by not having to mow. The land must first be declared as surplus.

17. AMENDING 2022 STREETS PROGRAM – Director Vincer said the skip patch program went well this year. Because it was less expensive, there are additional street improvement funds left. He would like to finish Merchant Street, from Washington to West Streets, with these funds. The project will total approximately $14,000 over budget. Alderman Hobbie added that we should do whatever work we still can this year, as costs will likely go up. The committee concurred that the work on Merchant St. should continue.

18. PUBLIC WORKS UPDATE – Will be reported in City Council meeting following.

19. ADJOURN - Alderman Gerdes motioned to adjourn the Community Services Committee meeting. Seconded by Alderman Hobbie. Roll call vote: Fulrath, AYE; Gerdes, AYE; Gyorkos, AYE; Hobbie, AYE. Motion passed: AYE, 4; NAY, 0; ABS, 0. Alderman Fulrath adjourned the meeting at 6:30 pm.

https://www.cityofbyron.com/sites/default/files/fileattachments/community_services_committee/meeting/3982/09-07-22_csc_minutes-approved.pdf