CROSSVINE/AES SETTLEMENT PUBLIC FORUM

A public dialogue on the contentious Crossvine AES settlement reflected frustration and disappointment by Huntingburg residents and officials. 

Huntingburg’s special counsel, Joshua Claybourn, provided comments regarding the Crossvine AES solar project settlement. Of the initial approval timeline, Claybourn said, “I think it was very clear that they missed that window. The challenge for the city at that point is they can turn right around and refile. And so, in that scenario, the city’s leverage is the moratorium. And I think…I feel comfortable saying now that the city sits on thin ice as it relates to that moratorium. Because the moratorium is, in effect, a zoning ordinance. And zoning laws require a pretty strict method to enforce them.” 

While Claybourn commended the city for implementing protective measures for similar projects going forward, he said it is unlikely that this will be applicable to Crossvine because these were not in place at the time of the original application, making the City’s position in litigation very weak. In the event of a loss in court, the city would be responsible for heavy legal fees and would then lose any concessions made in the settlement offer. 

The accepted settlement offer negotiated with Crossvine/AES included the following concessions:  
1. Screening and neighbor protections – Installation of a 6-foot berm or vegetation across any neighboring property 
2. Increased setbacks - a minimum of 100 feet from any adjacent property line and 250 feet from any neighboring residence 
3. Incident monitoring equipment – In the event of a battery issue, fire, or similar event, monitors will alert public safety for faster response 
4. BESS storage systems are at a minimum of 9,000 feet from the nearest school. At no point can any BESS systems be located closer than that to an existing school 
5. Emergency Services – Substantial support in the form of equipment, trucks, and training 

Huntingburg mayor Neil Elkins provided a public statement, explaining, “It is important for residents to understand that the city has worked diligently to make the best decisions possible within the limits of its legal authority. While many community members may wish the city had broader control over the project, Indiana law significantly limited local authority in certain aspects of the utility scale energy development, particularly outside the city limits and outside our extra-territorial jurisdiction. Proposed actions for the Council are not about disregarding public concerns. Rather, they are navigating a complex legal and regulatory situation responsibly while pursuing the strongest protections and best achievable outcome for our community under the circumstances presented.” 

A steady stream of residents made public comments expressing confusion, disappointment, fear, and anger over the handling of the issue. They also objected to the characterization of the 250-foot setback as a concession, saying that was already part of the existing contract. 
 
Discussing the impact on safety as well as resale value depreciation, Cynthia Keck said, “It not just today. It’s going to be our future. And it’s affected each and every one of these people here… We’ve been told $100,000 that we are going to have to eat because of these panels. I don’t know about you, but $100,000 to people that are retired is a heck of a lot of money. And I’ve lived here for 25 years, and this is our retirement. You guys are responsible for Huntingburg, and I know you’re not responsible for Holland, but you know what? They’re part of our community.” 

Others found fault with the County Commissioners, alleging that they failed to protect their constituents. Resident Corinne Whitehead, who lives directly across from the proposed site, summarized, “I understand and I get that you are limited by the fact that you are the City of Huntingburg. And the City of Huntingburg’s jurisdiction runs out at a certain point… And I appreciate what you’ve done thus far to put the brakes on… It is not your fault that the County Commissioners have screwed us all over. And I’m just calling it like it is. And that’s what’s happened… The County Commissioners just said yes to whatever. And they don’t care, because it’s not out their back door. Or, in my case, out my front door. Literally.” 

Holly Bartelt Gogel pointed out that the project had originally been marketed as a solar panel project, with the word “battery” only appearing once in 40 pages of documentation. She appealed directly to the Council, saying, “We just ask that you stand up with us, right? …Everyone just wants to hear that we’re not alone in this. That between Holland and Huntingburg isn’t forgotten, because there are a lot of people that have worked really hard for this community for a long time.” 
 
For more information on these and other updates, visit witzamfm.com/news. 

 - Drew Hasselbring