Meeting of December 23, 2024
Breckinridge County Fiscal Court Special Called Meeting - 12/23/24 · Watch on YouTube ↗
Summary
Special Called Meeting – December 23, 2024
This special session of the Breckinridge County Fiscal Court was called to discuss proposed amendments to the county's solar energy ordinance, which sets setback and permitting requirements for large-scale solar developments. Attorney-drafted language was reviewed line-by-line for minor wording corrections (citation numbers, typos, removing confusing tiered terminology for solar system sizes, and fixing a permitted-use clause that referenced zoning categories the county does not actually have).
Much of the meeting was consumed by a heated public and magistrate debate over the proposed 1,000–2,000 foot setback requirements for large-scale solar projects. Some residents and magistrates argued the setbacks were excessive and amounted to a de facto ban on solar development, unfairly restricting landowners' property rights and income opportunities compared to other types of development (subdivisions, trailer parks, commercial uses) that face no similar restrictions. Others argued the setbacks were needed to protect neighboring property values and preserve agricultural land, citing competing studies on solar's effect on property values.
Several magistrates and Judge-Executive noted that a moratorium on new solar projects had been passed about two months earlier specifically so the county could commission an economic/land-use study (with help from a state university) before finalizing new ordinance language, and questioned the rush to push through changes just before Christmas without that data. Comparisons were made to other counties' ordinances (Henderson County's much smaller setbacks, Woodford County's cap limiting farm development to 20%) as possible models.
A dispute arose over whether the ordinance could receive a "first reading" at this special meeting, since that action was not listed on the posted agenda, which only allowed for discussion. The court ultimately did not proceed with a first reading, and no vote was taken on the ordinance itself.
The meeting ended with a motion to adjourn, which passed by voice vote.
Agenda (2)
- 2:47
Solar ordinance amendment discussion
The court reviewed a revised draft of the solar energy ordinance amendment prepared by an attorney, going through minor wording and citation corrections, followed by extended debate among magistrates and residents over proposed 1,000/2,000 foot setbacks for large-scale solar, with disagreement over whether the setbacks amounted to a ban and whether the county should wait for a pending land-use study before acting.
- 24:40
Dispute over first reading on the agenda
Magistrate Armstrong asked to hold a first reading of the ordinance, but the Judge-Executive and others noted the posted agenda only allowed for discussion, not a first reading, so no formal reading occurred.
Motions & votes (1)
- 27:21
passedMotion to adjourn the special called meeting
Transcript (22 segments)
- 0:29
there not she's you you sir okay let's all stand for the pledge of prayer [Music] pledge
- 1:49
indice okay let's all pray father we're thankful for this day we're thankful for this Christmas season that we're enjoying and father we're just thankful for the birth of Jesus that you sent to this earth he would live and he would be he would die for our sake father and be resurrected father we're just so thankful for the eternal life that we have to look forward to just ask you to be in our midst today give us the wisdom and knowledge that we need to make thank the right decisions father continue to bless our County bless our state bless this great nation in Jesus name we pray amen okay just have call squ Armstrong squ squ greenw Lucas right squ Mo squ Henn okay Squire Mo uh he had an early morning doctor appointment his his brother passed away he he's going to fun General this morning so he's going to be funer home so I told him that was fine the only item we've got to discuss today is the solar ordinance Amendment and I just received a new one about five minutes ago Gary you want to say something about yes uh I talked to Nikki after I gave that to her the other day and there was a a couple things she mentioned and then
- 3:03
I found a couple just mispellings or different things so I'm going to go through it and let you all know what was changed and then that way you know I got a question who composed this it was an attorney attorney why did you not go through the County Attorney well I just try to save her some work but she she represents us yeah well that's why turn a week ago then this is okay go ahead but this is a very minor Chang nothing on the first page on the second page uh under whereas down work says 670101 that should be 67c 101 don't find anything on the next page and under the uh work defin small scale anywhere in this that it refers as a level one level two or level three Nikki suggested that we do away with that just just call it small intermediate and large scale or just pick one I mean we don't need to refer to things as multiple things it's we
- 4:16
have a definition it says what it is we don't need to call it three or four different things that's just confusing okay uh and then on the next page under participating property the word signature should be signature under the next page says y'all keeping up and all this is in the new copy we just gave y are yall keeping up that okay under the next page where it says physical construction uh that word taken should be undertaken I believe [Music] no okay um going on back under site plan on G says G site plan y see that
- 5:35
t Okay under items it should be a through F not a through G and then under permitted um this is another uh where need to call this it says um level three solar energy system shall require a conditional use permit in all Agriculture and commercial heavy industrial zones we do not have any agriculture or commercial Z any actual zones zoning there no actual zones so we can't do that so after the word permit I just took that out the rest of that okay that will fix that and that's all I had I don't know if you had anything else or on questions setbacks are a th000 and 2,000 P what yall are looking at yes what do you want to do just keep everybody out you you don't want any Sol in the count
- 6:48
correct be apparently got something I I have R around all weekend you all talk about these unsightly solar panels okay first of all I took Carlo women we went to patio to eat we went on to Troy they couldn't see a thing in the world wrong with them okay maybe Arington doesn't look like that but it will when they're finish now also right down from my church is a crack house that we' tried to get rid of for years and we can't talked about unsightly it's horrible board bought all the Farmland on 86 turned it into trailer parks they stay in there two months then they leave nobody did nothing about that my daddy and him bought the hook Farm turned it into Walmart and everything else you all didn't care about that so how in the world can you do this un there is UN there's two beer joints in West H you need to be worried about stuff like this instead of the little panel going to be on our Farms so I suggest that you all
- 8:03
put on your big boy pants and tell the rest of this County This Is Our Land and we can do what we want to do with it it's just going to deal we're not going to do look at this Bunch these aren't criminals it's just our farms and it's not there's plenty of farm left to farm that's all I had to say thank you well I've always agre that it's your all land I guess that's the going back to the your land you know basically we're we're planning and zoning is what we're doing get out Z that's exactly what we're doing but to follow up with that it's their land but they're using federal tax dollars to fund this which involves everybody we're trying to we're trying to protect Gary we're trying to protect the agricultural ground we have here in C B then you take care of it see I disagree that too some of the land that's being developed in the Webster area is not prime land it's not it's not 2508 we know I'm not sure what's down here don't know but Brandon I got a question I know you you cash leas what what if you don't
- 9:17
mind telling me what do you pay per a I'd rather not disclose okay well that's but normally about $200 an acre is what most land owners get 170 I don't get 2007 17 my okay well say figure $200 an acre it why are you all wanting to restrict someone from getting four to five times more than that for the property not want people to make money I just I don't understand I don't think anything in this ordinance says that they can't have so well you're restricting with a thousand but you got to be reasonable branding come on now right but we also have to protect the people that are getting their land dealu and their homes dealu Pro it where these people there's I've got studies upon studies that bring them on I'll send them to you I've got them I mean it's up to 30% decline in property values next to these these they're going to decline why why aren't you restricting everything everybody why are you discriminating against large family or large Farms versus somebody in subdivision can put up panels anywhere they want to yeah right next to the property light are you worried about their their property values the next