In August, the quorum court narrowly rejected an ordinance that would have created setback requirements for wind turbine towers. Last week, a larger majority of the justices of the peace voted against a proposed moratorium on new wind and solar facilities.
In a brief interview before the meeting, the two sponsors of the ordinance both agreed that they had never heard any objections to solar energy. Justices of the Peace Kellie Matt and Bruce Wright did not know why the ordinance included provisions against solar power in the title: “An ordinance establishing a temporary moratorium on the construction of industrial wind and/or solar energy facilities.”
Although the wording “temporary moratorium” is redundant, the ordinance actually called for a one-year moratorium on construction, which would automatically renew for successive six-month periods unless the JPs no longer thought the moratorium necessary. Truman Stark pointed out the faulty language during public comments. He also asked about the provision against solar generation, noting that Carroll Electric has a large solar array, and schools are building similar facilities.
When it was considered, JP Craig Hicks said the ordinance called for the quorum court to investigate the project further. He asked if the county would pay for studies. He said a vote against the ordinance did not represent a vote for windmills. “It’s a vote not to tell someone what they can do with their property,” he said.
JP Harrie Farrow downplayed the option of someone taking the wind turbine question to court. She said a plaintiff could not show damages for a lawsuit until after the turbines are in place. “We’re here to do the job of protecting the county,” she said. Matt echoed her safety concerns.
JP Jerry King had spoken against the turbines at previous meetings, but he expressed concerns about legal action against the county. He added, “People in my district say, ‘Leave my property alone.’”
Farrow posed the question of legal action to Prosecuting Attorney Tony Rogers. He explained that the current staff of attorneys have a full plate with prosecuting every case in the county. He said the county would have to hire an outside firm to oppose a large multinational corporation. Deputy Prosecuting Attorney Steven Simmons explained some of the details of depositions and discovery. Neither Rogers nor Simmons would offer an opinion on the outcome of a lawsuit, but they agreed on the expense of such a fight.
County Judge David Writer said the Association of Arkansas Counties would also help defend the county, but Rogers said the county would still have to hire an outside firm.
Farrow said she would not be intimidated by big money, but she, Matt and Wright cast the only votes in favor of the moratorium, with eight votes opposed.
Public comments occupied almost an hour-and-a-half of the two-hour meeting, and those comments were heard prior to the vote.
Attorney Matt Bishop said he represented a group opposed to the wind turbine project. He said Scout Energy had stirred up anti-government sentiment with a mailing that raised fears of county zoning. Bishop also said electricity in Arkansas is too cheap to justify wind turbines, and only tax credits make the project feasible.
Arturo Calvillo, a property owner who has a contract with Scout Energy, said he paid his property taxes with money from Scout.
Mark Wengierski said he oversees development activities for Scout. He said he was surprised to see attempts at zoning, since the landowners signed voluntary agreements. He said Scout will pay out $14 million to property owners and $25 million in taxes over the life of the project. He also took issue with those who have complained about secrecy, and said the project began in the early 2000s. The pace of lease-signing accelerated in 2016.
Wengierski said landowners would still have use of their property. In response to questions about decommissioning the turbines, he said the company would post a bond to protect landowners and the county. JP Jack Deaton asked why the area south of Green Forest had been selected, and Wengierski cited the presence of an electrical substation as a destination for the generated power.
Farrow scolded Wengierski for using the word zoning. She had offered several definitions of zoning to demonstrate that the county could have planning without zoning. Hicks said most people “believe that any vote about what they can do with their property is a vote for zoning.” Hicks also asked if other towers already built on private property should be regulated.
In other business:
- Public comments included more complaints about Spring Valley Road on the outskirts of Eureka Springs. Anna Mathews lives on nearby Mill Hollow Road, and she had to use Spring Valley when utility work blocked the outlet of the road. She said the road was maintained until recently, and it should be maintained again, regardless of the legalities. Hicks pointed out that the county cannot use tax funds to maintain roads not accepted into the county road system. Eric Scheunemann had attended the October meeting, and he renewed his complaints. As Scheunemann wrestled with the differences between public roads and county roads, Hicks said he had full confidence in Writer, and said the judge would maintain the road if he could. As Scheunemann continued to object, Writer said, “I’m tired of your lying. That’s not a county road.” He concluded by ejecting Scheunemann from the courtroom.
- The JPs passed the second and third readings of an ordinance to change the job description of the hot check coordinator at the Prosecuting Attorney’s Office to administrative assistant.
- A payment of $54,000 was transferred from Holiday Island to the Carroll County Sheriff’s Office to keep a deputy dedicated to this community.
- JPs authorized the county judge to accept an ARP Community Mental Health Services block grant for $50,000. The funds will pay a year’s expenses for a justice-involved peer recovery specialist.
- A payment of $49,000 from the Circuit Clerk Recorder’s cost fund will cover the cost of converting files to be compatible with the switch to electronic recording. The money does not come from County General.
- The hours for two part-time librarians at the Green Forest Library were increased to 38 hours. The budget committee had already checked to see that the library’s budget included adequate funds.
- JPs designated the county treasurer as preparer of the Collector’s Certificate for the distribution of property tax collections. State law assigns this role to the preparer of the tax books, but state law allows counties to reassign by ordinance any duty designated by statute. The JPs noted that this arrangement has worked well here for years.
- An annual ordinance approved and levied county, municipal, and school millages.
- JPs renewed a relationship with Northwest Arkansas Economic Development District, an agency that helps the county with grant applications.
- An ordinance established the compensation for county elected officials for the coming year.
- Deaton said the budget committee had worked hard to reconcile the 2024 budget. “It’s going to be tight, but we’ll get through it,” he said. The budget was approved.
- JP John Howerton discussed the progress of a committee studying the possibility of a new judicial facility for the eastern district. He said the old Walmart building is available and large enough for all county offices. However, after the initial purchase, the county would still face a large expense in remodeling the building. Several businesses located at the front of the building would continue to produce revenue. The most promising alternative would be building a facility at the Detention Center, with a courtroom and an office for the circuit judge, along with a workroom for the circuit clerk.