Solar proposal goes dark with BZA

Wednesday, September 13, 2023 ~ Updated 3:14 PM
Courtesy Pixabay

BAINBRIDGE — The Putnam County Board of Zoning Appeals put the brakes on an energy company’s proposal to bring a 200-megawatt solar farm to Russell Township.

In a special meeting Tuesday evening at the Bainbridge Community Center, a motion to approve the special exception for Cold Spring Solar Farm was defeated 4-1.

Lora Scott, who made the motion, was the only affirmative vote. Fellow board members Randy Bee, Raymond McCloud, Kevin Scobee and Ron Sutherlin all cast negative votes.

After 14 months of meetings and negotiations between Putnam County leaders and officials from Arevon Energy and developer Tenaska, the issue is at an end ... at least for now.

Along the way, the plan received approval of a tax abatement from the Putnam County Council, as well as a $6 million economic development agreement with the Putnam County Commissioners, in addition to the framework of agreements on decommissioning and road use.

The BZA, however, proved less amenable to the idea of converting 1,400 acres of farmground into a solar field.

At the end of a three-hour special meeting in August over the same issue, the BZA had asked for more answers from developers regarding issues such as emergency response, soil testing, the safety of the materials used, the management of vegetation and property values in the area, among other issues.

Information on these subjects was presented to the BZA, with Tenaska and Arevon officials answering questions from the board.

No public comment was taken Tuesday, as that was taken care of last month.

Following a brief recess, the board reconvened to vote, with Scott noting she had asked the most questions, so she should make the motion.

“I think this board is faced with making a decision that’s really tough to make because a lot of us up here place very high value on prime ag ground, and that’s what this is,” Scott said. “So you have to weigh the value on 1,400 acres with the value that we put on having electricity at our fingertips — particularly at a time when we’re experiencing the impacts of change to our weather patterns and we’re also seeing aging power generating facilities being closed or shut down, and so we have to look at things differently.”

With that, she made a motion to approve the special exception, going on to address the findings of fact that the BZA has to meet to grant a special exception: 1) It must not be injurious to the health and safety of the public; 2) It must not affect the value of nearby properties, 3) It will be consistent with the character of the nearby area; and 4) The board may impose conditions.

Always thorough in her considerations, the veteran BZA member addressed each of these, making special note on the third matter that the proposed solar farm is adjacent to another more industrial use of agricultural land in the form of the Heritage Environmental hazardous landfill.

“Whether we like it or not, when you go across the road to the east of this, you have Heritage Environmental Services,” Scott said. “It is consistent with the character of the area.”

Scott gave lengthy consideration to the special conditions, asking for soil testing before construction and after decommissioning, evergreen screens around a nearby cemetery, access to another cemetery that would lie within the affected land, fencing of an agricultural character except where required for security or by law, meeting all drainage requirements as determined by the Putnam County Soil and Water Conservation District and drainage board, Arevon providing special equipment and gear to fire and EMS agencies most likely to respond to the site and screening for three nearby homes, should the owners choose.

McCloud seconded the motion, apparently in order to bring it to a vote. Following a round of yeas and nays, County Planner Lisa Zeiner called for a roll call vote to make each vote clear.

Of the four negative votes, only Scobee gave a brief explanation.

“It is my belief in the findings of fact that this does have an effect on the welfare of the community, on the property values and so forth and so on, therefore I vote nay,” Scobee said.

With the votes cast, McCloud brought the meeting to an end without calling for a vote on adjournment.

“It’s been denied by a majority of the board,” McCloud said. “The meeting is adjourned.”

Though the request has been denied, the issue may not be dead just yet. According to Zeiner and County Attorney Jim Ensley, Arevon still has two possible courses of action. One is to wait six months and apply again. The second is to take the matter to court.

One matter that remains unclear at this time is how, specifically, matters such as solar farms will be handled once the county adopts an updated zoning ordinance. The increasing prevalence of renewable energy generation was one of the factors that finally prompted county officials to update an ordinance that has seen little change since being adopted 30 years ago.

For now, area residents looking to preserve the rural environment of Russell Township are celebrating, while those believing this to be the next step in the land’s evolution will have to wait.

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  • Good try Lora Scott. Unfortunately, the good ole boys aren’t going to consider any advances like this.

    -- Posted by kbmom on Wed, Sep 13, 2023, at 8:24 AM
  • All those in favor of Solar Power might want to do a little research on how the weather in the area is effected by the panels. Why not push to put panels on budlings and not take crop land out of production

    -- Posted by busymom48 on Wed, Sep 13, 2023, at 9:16 AM
  • We are learning more and more about the negative externalities of wind and solar, and the fact that a baseload of energy is a clear necessity, and cannot be provided by the intermittent nature of renewables. That being said, we do need a mix of sources; there is a nice solar farm south of Staunton built on reclaimed coal fields. We should look to land that has marginal soil productivity rather than prime crop land. At that point, sans tax abatement, we could have a reasonable project. Good ole boys can reason and research--there's more to this issue than feelings, with the ever-increasing body of scholarship. I'm pro-solar, but it's not the panacea some like to portray.

    -- Posted by Bob Fensterheim on Wed, Sep 13, 2023, at 10:34 AM
  • Nuclear!!

    -- Posted by beg on Wed, Sep 13, 2023, at 4:21 PM
  • Wrong department, but correct end result.

    -- Posted by techphcy on Thu, Sep 14, 2023, at 7:12 AM
  • Finally.

    Some government body didn't roll over to the special interest experts and the chase the shiny promise of "free" money.

    Break up the uniparty cartel, before they sink us completely.

    -- Posted by direstraits on Thu, Sep 14, 2023, at 10:44 AM
  • guess we don't have to since they did what you wanted

    -- Posted by beg on Thu, Sep 14, 2023, at 10:05 PM
  • They will eventually. If not this project, then another one. These grifters will either keep trying here, or move down the road and find success. They won’t stop until they’ve pocketed taxpayer money.

    Wasn’t so long ago that corn ethanol was the solution to all our problems. Turns out it just means I have to replace all my fuel pumps more often.

    -- Posted by techphcy on Fri, Sep 15, 2023, at 7:06 AM
  • Government that spends tax money that they don't have and can't sell bonds for is deceiving. It is now unprecedented in our country's history.

    They just print paper money and spend it on these subsidized boondoggles like solar and wind farms and other woke agenda items. Take your pick, there are many.

    That's why it is encouraging to see these people stand up and say enough of the deceptions that don't make sense and worse yet it is destructive to all.

    -- Posted by direstraits on Fri, Sep 15, 2023, at 11:23 AM
  • Just curious ‘direstraits.’ Were you even present during either of the BZA meetings, the county council meetings or the commissioner meetings when the specifics of this project were presented and discussed? Have you read the Putnam County zoning ordinance pertaining to solar and wind power and how the emphasis in that ordinance is leaving any farm ground in a condition after decommissioning so that it can be used for agricultural production after the solar generating equipment is removed? You are making broad political statements with no local, factual information in your argument.

    -- Posted by LJScott on Fri, Sep 15, 2023, at 9:14 PM
  • I think one yay vote out of five speaks more to the nature of who is in touch with the local people and their concerns for their community.

    I'm just offering up support for those that don't want to endure the condescension of the self-ascribed experts.

    They can see for themselves. They aren't buying it.

    -- Posted by direstraits on Fri, Sep 15, 2023, at 11:10 PM
  • Direstraits, read Indiana zoning law and specifically, Findings of Fact by which any zoning board member is bound when making a vote on a variance petition. A BZA board member, by state law, is restricted to vote on a petition according to the Findings of Facts. A board member is not to vote on what is popular or unpopular. Every board member is charged to consider the evidence of each case and to apply that evidence to the criteria of the Findings of Fact, just as a judge would do in a court case. Unlike school boards, whose boards are elected and who are expected to represent the people’s interests in a community, Boards of Zoning Appeals are appointed. A Board of Zoning Appeals responsibility is to act in a quasi-judicial capacity and is bound by the laws of the state and the local jurisdiction. A BZA is not representative of the community’s opinions in its authority.

    -- Posted by LJScott on Sat, Sep 16, 2023, at 9:32 AM
  • Oh...it's an illegal vote to vote no.

    Now, this is beginning to sound familiar.

    What exactly is the penalty for that broken "law".

    -- Posted by direstraits on Sat, Sep 16, 2023, at 1:49 PM
  • Read Indiana code on zoning laws. Once again, you want to disregard the written, adopted law and spin it to your narrow, negative way of thinking.

    I will not continue playing your game or hiding behind a pseudonym. Done.

    -- Posted by LJScott on Sun, Sep 17, 2023, at 8:29 PM
  • Our school board is not elected. Who's interest are they taking?

    -- Posted by beg on Sun, Sep 17, 2023, at 9:58 PM
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