The Logan County Board of Commissioners met in regular open session Thursday morning with the full board present.
Commissioner Michael Yoder moved that the following resolution be adopted:
“RE: REAUTHORIZING INTERVENTION IN THE GRANGE SOLAR LLC PROJECT APPLICATION, CASE NO. 24-0801-EL-BGN PENDING BEFORE THE OHIO POWER SITING BOARD, STATING OPPOSITION TO THE APPLICATION
WHEREAS, the Logan County Board of Commissioners has received notice from the Ohio Power Siting Board (OPSB) that Grange Solar LLC moved to strike its Notice of Intervention filed on January 22, 2025, in Case No. 24-801-EL-BGN; and
WHEREAS, Grange Solar LLC accused Commissioner Joe Antram of having an ethical conflict based on an opinion provided to Knox County Commissioner Drenda Keesee by the Ohio Ethics Commission, dated January 24, 2025; and
WHEREAS, as of February 12, 2025, the Ohio Ethics Commission has not published that opinion as a formal or informal advisory opinion on its website; and
WHEREAS, the Ohio Ethics Commission presumes that a neighboring property owner would have a “definite and direct pecuniary benefit or detriment to the value of property” adjacent to a solar project area, “[a]bsent an independent property appraisal that indicates otherwise, the value of property adjacent to property that is being developed is presumed to be affected by the development,” but the statutory restrictions on conflicts of interest for ad hoc members for “grandfathered” wind and solar projects set forth in R.C. 4906.021 had no such language; and
WHEREAS, while Grange Solar LLC has not filed an “independent appraisal” of property value impacts, at least four other project developers have filed Property Value Impact Studies in OPSB solar cases, including Fountain Point in Logan County, Kingwood in Greene County, Chestnut Solar in Marion County and Hardin Solar Energy III in Hardin County, all purporting that solar poses no impact or no negative impact on neighboring properties; and
WHEREAS, the Ohio Ethics Commission FORMAL opinions and advisory guidance, notably https://ethics.ohio.gov/education/factsheets/InfoSheet14-Regulatory Matters.pdf, states a benefit or detriment would have to be “selective, differential, or in disproportion to the benefit or detriment realized by all other” affected properties in the project area, and furthermore “manifest a substantial and improper influence with respect to your duties” for a public official to have an ethical conflict, as public officials are not prohibited from participating or voting on general legislative matters that will have a uniform effect on all individuals affected by the legislation, including the officials, particularly when that effect is speculative in nature; and
WHEREAS, Commissioner Antram’s general stance on solar development in Logan County based on constituent input was well documented by his actions in voting for Resolution 196-22 to restrict large scale wind and solar projects in most of Logan County more than TWO YEARS before Grange provided notice of the project location to the Commissioners by a letter dated August 13, 2024; and
WHEREAS, on August 9, 2022, the Board of Commissioners adopted Resolution 196-22, restricting utility- scale wind and solar development in all unincorporated areas of 16 of the 17 townships within Logan County, including all townships in the Grange Solar LLC project based on requests from the Boards of Trustees of Bloomfield, McArthur, Richland, Stokes, and Washington Townships; and
WHEREAS, among the criteria for approval of such facilities OPSB is required to consider whether the facility will serve the public interest, convenience and necessity; and
WHEREAS, the Board of Commissioners is responsible for addressing health, safety and welfare concerns of constituents within Logan County, Ohio and this project would be detrimental; and
WHEREAS, the Board of Commissioners respects private property and contractual rights while recognizing that industrial solar as a land use may have an impact on others’ private property and the public generally, and the project as proposed does not comply with Logan County’s comprehensive plan goals of preserving farmland and natural resources, nor does it comply with local zoning regulations which were adopted to balance public interest with private interests; and
WHEREAS, the proposed Grange Solar LLC project would occupy 2,600 acres of agricultural land in populated areas near Indian Lake, which is in close proximity to residences and several of the leased locations include portions of the Great Miami River and tributaries’ floodplain; and
WHEREAS, R.C. 4906.08 gives the Board of Commissioners the statutory right to intervene in OPSB proceedings and also to petition to intervene;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF LOGAN COUNTY, OHIO, WITH A MAJORITY OF ITS MEMBERS CONCURRING:
Section 1. The Board of Commissioners have a substantial interest in the application submitted by Grange Solar LLC to OPSB and the Commissioners hereby authorize and direct the Logan County Prosecuting Attorney to cause a response to the motion to strike along with a petition of intervention to be filed with the OPSB in Case No. 24-0801-EL-BGN and to cause further filings and appearances to be made before OPSB as necessary to represent Logan County’s interest in the OPSB’s consideration of the application.
Section 2. The Commissioners find that the application submitted by Grange Solar LLC is incompatible with the general health, safety, and welfare of the constituents of Logan County, Ohio, that the application is incompatible with the Logan County Comprehensive Plan dated 2007, incompatible with the designation of 16 of 17 townships as restricted areas as of August 2022, pursuant to R.C. 303.58, and incompatible with township zoning and other land use regulations.
Section 3. The Commissioners hereby state unanimous opposition to the application of Grange Solar LLC pending in Case. No. 24-801-EL-BGN with the abstention of Commissioner Antram out of an abundance of caution as the Commissioner’s stance on this project and other solar projects was developed prior to any allegation of a conflict of interest.”
Commissioner Greg Fitzpatrick seconded the motion.
Fitzpatrick and Yoder voted yes to the resolution and Antram abstained from the vote.
This resolution responds to Grange Solar’s recent filing of a “MOTION TO STRIKE NOTICE OF INTERVENTION AS A PARTY BY THE LOGAN COUNTY BOARD OF COMMISSIONERS AND FOR EXPEDITED TREATMENT“.
Previously the commission had made a similar resolution with Commissioners Antram and Fitzpatrick voting yes and Commissioner Yoder abstained due to his involvement with the Ohio Power Siting Board, as he was previously the ad-hoc appointee.
Yoder submitted a letter of resignation to the Ohio Power Siting Board on Wednesday and requested he appoint someone to take his place.
As of Thursday morning, the board agreed to let Yoder appoint his replacement, who will be named in the coming weeks.
