County Judge defends RUA with Scout: Cites opposition to zoning

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The agenda for the Sept. 17 quorum court meeting did not include any items relating to a planned wind turbine farm south of Green Forest, but the issue arose repeatedly throughout the evening. A representative of Scout Clean Energy gave an update on the project, and several people spoke during the public comments period. The meeting concluded with a statement by County Judge David Writer, explaining his reasons for entering into a Road Use Agreement with Scout.

Writer began his assertions by addressing those opposed to the wind turbine project. “I understand your concerns, and I share some of them,” he said. Writer said he has reservations about the tax incentives behind the project. He also acknowledged the reactions of those who live near the project, with potential adverse effects. Writer made clear, however, that the county has no ordinances in place to stop the project. He also noted that most county residents are “opposed to planning and zoning in any form.”

This brought Writer to his main point, that his only authority regarding the project relates to county roads. He cannot keep anyone from using county roads, but Writer has entered into an RUA that will hold Scout accountable for any damages to county roads. Without an agreement in place, Writer said the county would bear the cost of road repairs.

Writer also acknowledged why some property owners have signed leases with Scout. “You have an opportunity for a better financial situation through these leases,” he said. “It’s your property, and you can use it as you see fit.” He asked those with contracts to try to understand their neighbors’ concerns, and asked opponents of the project to “put yourself in their shoes,” as he encouraged everyone to work past the divisions forming in the community. “Let’s be neighbors. What happens next is up to us,” he concluded.

Earlier in the agenda, Dave Iadarola had spoken on behalf of Scout. He said the company’s representatives have met with local fire officials to review emergency response plans. He also announced an open meeting with the community within the next few weeks.

In other business:

  • Jennifer Roney was honored posthumously as the Outstanding Citizen of Carroll County. A resolution noted her history as a teacher and her work with the Eastern Carroll County Ambulance District.
  • A grant of $50,000 was received through the office of the Circuit Judge to operate a drug court.
  • By a 10-1 vote, JPs approved an ordinance stating that the county has no opposition to an application by the Switchback Bar & Grill to add mixed drinks to their current beer license. The business is a private club located at 9297 Hwy. 23 North. Before the vote was taken, JP Harrie Farrow suggested that JP Hunter Rivett would vote against the measure, as he has done with other alcohol licensing questions in the past. Rivett has been a staunch defender of property rights, and Farrow found that position at odds with opposing a private club on private property. Rivett explained that the code of ethics for teachers prevents him from promoting alcohol or nicotine. JP Jack Deaton brought the discussion back to the matter at hand, explaining that this vote would only tell the state that the county has no objection.
  • Grant funds of $400 were allocated for the Green Forest Public Library. The funds will be used during October to focus on migratory birds coming through this area. The library will also hold an outdoor screening of the movie Flyways with Spanish subtitles.
  • Grant funds from a Local Law Enforcement Block Grant were allocated to the Carroll County Sheriff’s Office to be spent on steel brush guards/push bumpers for three vehicles. The $7,400 grant will also pay for 10 portable breath test machines.
  • Funds within the Road Dept. were shifted from an unfilled position to two part-time positions.
  • Robert Anderson spoke during public comments to complain about Carroll Road 966. In addition to the road, he said a bridge on that road needs work. He also said the area has been used as a trash dump. Writer explained that CR 966 is scheduled for work, but he has not been able to purchase hot mix. Writer said the Road Dept. has been patching the road, and he hopes to have some hot mix in October. “We’re doing the best we can,” he assured Anderson.
  • Donald Bradshaw said he lives south of Berryville, and more egg houses are planned on an adjacent property. He objected to the smell and the pollution, and mentioned that agricultural contaminants have led to closures to swimming areas at Beaver and Table Rock lakes. “We need to change the laws,” he said.
  • Bobby Wilson has asked in recent meetings about a quorum court committee to study a land-use policy drafted by the quorum court in 2011. Last week, he raised the question again about the formation of a committee. Wilson noted that the JPs had voted to form a committee, but after six months, he said, “Nothing’s been done.” Writer took responsibility for the delay. “I appoint the committees, and I will, but there’s some controversy in what this says,” he said. Writer reminded everyone that the land-use policy was drafted specifically to respond to federal government overreach, not to deal with wind turbines.
  • Caroline Rogers asked about having committee meetings announced at quorum court meetings, but some committee meetings are scheduled on short notice. All committee meetings are open to the public. Rogers complained that a recent newspaper account downplayed the number of opponents to the wind turbine project. JP Craig Hicks said polling the public would depend on how the questions were asked. “If you ask if they’re against windmills, they say ‘yes,’ but if you ask if they’re in favor of taking away private property rights, they say ‘no.’”