At the June 18 Carroll County Quorum Court meeting, justices of the peace once again voted against an ordinance affecting a proposed wind turbine farm south of Green Forest.
JP Harrie Farrow has led the charge against the wind farm for more than a year. In that time, a series of ordinances have been introduced to regulate the height and distance from property lines for wind turbines. All of those proposed ordinances have failed, including a less restrictive version introduced at the April 16 meeting.
At the April meeting, an ordinance requiring large industrial projects to submit a series of documents passed by a 5-2 margin, but six votes are needed for passage of an ordinance. At that meeting, Farrow announced her intention to bring the ordinance back to the table with more of the 11 JPs in attendance. Nothing about the wind turbines appeared on the May 21 agenda, but Farrow sponsored a new ordinance at the June 18 meeting, listing a series of reporting steps for large industrial projects.
Farrow’s latest ordinance bore the title “A plan submission process for large-scale industrial projects.” It included a list of required documents for industrial projects larger than five acres. The list of 22 items included extensive site plans, “geotechnical and hydrogeological study of the soil,” and environmental impact studies. Another provision called for “a public nuisance impact study, including, but not limited to, shadow flicker, high-frequency electromagnetic emissions, ambient noise levels, intrusive lighting,” and more.
Farrow said the ordinance would not empower the quorum court to reject a proposed project, but the county would have information about planned activities. The ordinance included language to say the quorum court would have “no authority to deny any person, business, or corporation the right to use its owned, rented, or leased property in a manner it so chooses consistent with other law.” She repeated past assertions that this would not lead to county zoning, and also said the ordinance did not target the wind farm.
JP Craig Hicks said the ordinance clearly targeted Scout Clean Energy. He also reiterated past complaints that sponsors have submitted a number of ordinances in their attempts to derail the wind turbine project. “When we decide, if things fail, we shouldn’t bring it up again and again,” he said. “No matter how you re-wrap it, it’s still planning and zoning.”
JP Kellie Matt said the ordinance on the table differed from the ordinance she had sponsored. JP Bruce Wright said the possible use of eminent domain for transmission lines would threaten private property.
County Prosecuting Attorney Tony Rogers said the quorum court has the authority to enact laws or to create zoning. A lawsuit could create problems for the county, especially if an ordinance affects a project already started.
JP Jerry King voted in favor of the April ordinance but said some of his constituents expressed concern about the mention of county planning. “That’s really scary, that’s where it starts,” he said. “I don’t like these things any better than you do, but they have a right to be there.”
JP Francisco Pedraza joined Farrow, Matt, and Wright in voting for the ordinance, while the other seven JPs voted against it. During JP comments at the end of the meeting, Farrow said, “One of the reasons we get elected is to pay attention to things the average person can’t.” She said the JPs who were swayed by concerns over property rights “shouldn’t listen to them.” Instead, the JPs should “explain they don’t see it correctly.”
During the public comments period earlier in the agenda, Caroline Rogers said social media posts have warned of threats to property rights, but the possible use of “eminent domain for private gain” would outweigh those risks. Only a small group of property owners would benefit, while neighbors would deal with the problems.
Bobby Wilson reminded everyone of a land-use policy statement drafted by the quorum court in 2011. Even though that policy was created to head off federal government intrusion, it was drafted by a group with varying backgrounds. The JPs had voted to create a five-member committee to study that ordinance, and Wilson asked about progress toward that end.
Arturo Calvillo, one of the property owners who has a lease with Scout Clean Energy, took issue with claims that Scout had been “sneaky” during the exploratory stages of this project. “Everyone knew,” he said. He also said that although this ordinance exempts agricultural uses, county planning has had significant negative effects on agriculture in other areas.
Scout spokesman Dave Iadarola said his company cannot exercise eminent domain, although Entergy can. “All our agreements are voluntary, whether for transmission or leasing,” he said. He also said the proposed ordinance would require Scout to “fulfill requirements not yet listed, even if we’ve already started construction.”
Tanya Smith gave a brief history of Turpentine Creek Wildlife Refuge, and she said the proposed wind farm would threaten tourism, which has a large economic impact here. She agreed with the pursuit of alternative energy, but stressed the importance of examining the true costs.
In other business:
- The quorum court confirmed the appointment of Tom Winters and the re-appointment of Al Sellick to the Western Carroll County Ambulance District.
- JPs confirmed the appointment of Curt Creason to the board of directors of The Bluffs at Jackson Cove Subordinate Service District.
- Ashlynn Standlee, a student at Berryville High School, reported on her experiences attending Girls’ State recently.