Absent JP votes nullify wind turbine setbacks

The quorum court voted in favor of setback requirements for wind turbines last week, but the absence of two justices of the peace reversed the outcome.

JP Jack Deaton sponsored an ordinance that would have established setbacks of one-and-a-half times the height of a tower from a property line. The setback from a residence would be twice the height of the tower. The ordinance would not affect existing towers. Deaton said the ordinance would focus on safety issues.

JP Harrie Farrow favored bigger setbacks, and asked if the setback limits could be increased later.

JPs voted 5-4 in favor of the ordinance. However, under Robert’s Rules of Order, an absent member counts as a “No” vote, and the measure failed 6-5.

The public comments period brought out complaints about threats to groundwater and wildlife. Former county judge Richard Williams said the county already tells people what to do on their property when burn bans are imposed.

 Arturo Calvillo, who has leased his property for wind turbines, said, “Here we go again. We want our property rights left alone, period.”

Caroline Rogers had a longer forum on the Miscellaneous agenda, which allows speakers 10 minutes. She said lightning threats should require a setback from property lines equal to eight times the height of a wind turbine. Scout Clean Energy has touted the payments to property owners and future taxes, but Rogers warned of trade-offs. She suggested losses in property values and tourism. “This is a ‘forever’ moment in Carroll County,” she said.

Dave Iadarola spoke on behalf of Scout Clean Energy. He repeated the company’s promise to name the county and the landowners in a bond to cover decommissioning the towers. He refuted claims that Scout can use eminent domain. Iadarola also explained that his company has no plans for additional turbines in Carroll County. In response to a question, he said not all the towers would have fire suppression systems.

Angela Usrey introduced a recorded interview with Mike Thompson, a state senator from Kansas. He said some turbines in Kansas contribute little in property taxes. He called the wind speed here “insufficient” for efficient operation of wind turbines. Thompson also spoke of “trespass zoning,” noting that the county has to protect its citizens from hazards that trespass onto adjoining properties. He suggested a mile setback from property lines for wind turbines. The 10-minute presentation was edited from a half-hour interview, and Usrey explained that the full interview is available online.

In other business:

• JP John Howerton said the committee working toward a new courtroom for the Eastern District is “moving forward,” and a bid package is being assembled. Howerton expects to hear some preliminary estimates within two months. A resolution was passed a year ago to create the committee, and that resolution was renewed.
• A resolution confirmed the appointment of Rick Richards to a five-year term on the Lake Forest Subordinate Service District. He replaces Richard Stewart.
• A resolution confirmed the appointment of Bill Schmidt to complete the three-year term of Richard Boyes as a commissioner on the Inspiration Point Rural Fire Protection District. His term will run through the end of 2025.
• Following the resignation of Teresa Swallow, a resolution confirmed the appointment of Vicki Brown to represent the Green Forest Public Library on the board of the Carroll County Library Department. Her term will run through the end of 2024.
• The courthouse maintenance position was increased to full time, at 70 hours per pay period. JP Craig Hicks said the personnel and budget committees had considered the request from County Judge David Writer, and the additional costs should be offset because the county will not have to hire outside help.
• JP Hunter Rivett was selected by the other JPs as the county’s delegate to the annual state conference. The Arkansas Association of Quorum Courts will meet in April.