Wind turbine ordinances defeated by quorum court

When the quorum court met on Feb. 20, justices of the peace once again faced an overflow crowd and a litany of public comments. The agenda included two competing versions of ordinances to regulate wind turbines. Both ordinances were defeated, provoking most spectators to leave the courtroom.

Although JPs had previously voted on several other ordinances pertaining to wind turbines, the vote last week had more of an air of finality. An ordinance sponsored by JP Kellie Matt failed by an 8-3 vote, but an ordinance with less stringent setback requirements failed by a 6-5 margin. An ordinance with setback requirements also failed in January. The vote then was 5-4 in favor of the ordinance, but six votes are required to pass an ordinance.

JP Craig Hicks had invited former JP Larry Swofford to speak on the subject. “Have you ever seen something re-wrapped so many times?” Hicks asked him. “This has been a mess, but it didn’t have to be.” Swofford, who logged 30 years representing the Oak Grove area, agreed that wind farm opponents had taken several bites at the apple. Swofford said he had never seen that degree of persistence, and Hicks compared it to his kids asking repeatedly for something after being told no. “I’m disappointed in the quorum court for that,” he said. “If we don’t get what we want, do we just keep asking?”

Swofford reminded the JPs that many of their constituents had not yet spoken up on the wind turbine issue. “It’s hard not to hear the people who make the most noise,” he said. Swofford said 90 percent of the towers in the county would not have passed the proposed setback requirements, and towers owned by the county could fall on private property. He scoffed at the notion that towers on a ridge south of Green Forest would affect tourism in Eureka Springs.

Swofford grew more serious as he discussed the difficulties faced by farmers. “This starts county zoning, and it will be something else in five years,” he said. In 1980, the county had 88 Grade A milk producers, and the Kraft dairy plant was one of the county’s larger employers. That industry has completely disappeared. Some poultry farmers have taken hard hits recently. Although the influx of people in recent years has brought higher land prices, that actually hurts farmers through higher property taxes.

“Any type of county zoning will snowball,” Swofford said. “It will never go backwards.”

Former County Judge Richard Williams also had a place on the Miscellaneous agenda, which provides 10 minutes to speakers, rather than the three-minute limit for public comments. Williams asked if he could have attorney Matt Bishop speak for him, and JPs agreed to the substitution. Bishop said a land-use plan adopted by the quorum court in 2011 has some requirements, including studies of water quality or endangered species. Bishop said individual JPs would have immunity from lawsuits, and he assured them they would “have the power” to “fight this company.”

During public comments, the JPs had to correct an audience member’s claim that Osage Creek and the Kings River flow into Beaver Lake. Another commenter objected to the finances of the situation, pointing out that federal tax incentives were required to make the project profitable. “Did you check your common sense at the door?” asked Bobby Wilson, who pointed out the significant setbacks required in some other states. JP Jack Deaton reminded him that all those localities have some sort of planning commission in place.

Commenters echoed some previously heard complaints, although one speaker took his objections to a new level, calling Scout Energy “a false front company” run by “snake-oil salesmen” and “dirty politicians pushing the climate change hoax.”

When Matt’s ordinance came to a vote, she said there was “not that big a difference” between the two ordinances, although her version called for setbacks 3.5 times the height of a tower from a neighboring property. That requirement would have eliminated all the properties which Scout Energy has leased.

In contrast, an ordinance sponsored by JP John Howerton called for setbacks of 1.14 times the height from an adjacent property line, and twice the height from a residence. Howerton said, “We can’t change the rules in the middle of the game.” His ordinance would have allowed the project to move forward, although he acknowledged some unwelcome side effects. For example, new setback requirements would favor large landowners for any future communications towers.

Only JP Bruce Wright and JP Harrie Farrow voted with Matt on the more restrictive ordinance.

The discussion then turned to Howerton’s ordinance. He and JP Jack Deaton both objected to accusations of taking kickbacks. Deaton said most callers were civil, but “others have accused us of being stupid, or taking bribes. That goes a long way when you’re trying to get us to help.”

Matt voted against Howerton’s ordinance, joining a 6-5 majority. Other JPs voting against the ordinance were Hicks, Hunter Rivett, Matt Phillips, Francisco Pedreza, and Roger Hall.

JP Jerry King joined Howerton, Deaton, Wright, and Harrie Farrow, who all voted in favor of Howerton’s ordinance.

In other business:

• A land use plan adopted in 2011 has come up for discussion as a possible tool to use in regulating the proposed wind farm. Howerton explained that the land use plan was enacted to “stop the overreach of the federal or state governments.” The plan was a response to the allegations that people would be forced off their properties for the Ozark Mountain Highlands project. Howerton dismissed using the land use plan in this situation as “unintended consequences.”

* The committee studying the possibility of a new courtroom for the Eastern District has reached the point of assembling a bid package, a process expected to take a couple of months.

• Robert Anderson, owner of R&R Towing in Green Forest, renewed his complaints about having his company removed from the rotating list of tow companies used by the Carroll County Sheriff’s Office. “I’m trying to address a situation that’s been going on for several years now,” he said, but County Judge David Writer reminded him that JPs had previously explained they have no authority to intervene.
• During JP comments, Farrow asked Writer to check with JPs before deciding to hold a meeting despite weather conditions. She said snow had prevented two JPs from attending last month.
• JPs transferred $4,300 received for the sale of courtesy cars to the Carroll County Airport, and the funds will be used to purchase another courtesy car.
• The county judge was authorized to accept a $90,000 grant from the Arkansas Historic Preservation Program for the Eureka Springs Carnegie Public Library. The grant requires matching local funds of $45,000, and the money will be used for a roof, gutters, and masonry repairs to the parapet wall of the library Annex.
• The county judge was authorized to accept a $68,000 grant from the Arkansas Department of Public Safety. The grant requires local matching funds of $17,000, and the money will be used to “assist governments with managing and reducing systemic cyber risk.”