Moratorium gets preliminary OK

Monthly meetings of the Carroll County Quorum Court have been acrimonious for most of the past two years as a debate raged over the construction of an industrial wind energy project in the county.

The quorum court’s meeting on Tuesday, March 18, was almost jovial by comparison as the county’s 11 justices of the peace unanimously approved the first reading of an amended ordinance that would place a moratorium on future industrial wind and solar energy projects, and later bid a fond if reluctant farewell to retiring District 1 JP Jack Deaton.

The proposed moratorium, sponsored by District 7 JP Kellie Matt and District 10 JP Jerry King, was amended from its original version to stipulate that Scout Clean Energy’s Nimbus Project in eastern Carroll County will include 30 wind turbines and that the moratorium will not apply to the Nimbus Project.

The amendments came after an attorney representing Nimbus contacted county officials by letter on March 13 and objected to what he described as “some ambiguity on whether Nimbus would be exempt from the moratorium.”

The project will include 30 wind turbines — four of which the company says will be 591 feet tall and the other 26 that the company says will be 644 feet tall. The turbines will be placed on private property, the owners of which have signed lease agreements with Scout.

Opponents of the project say it will be harmful to wildlife, have adverse health effects and pose a potential safety risk for humans and potentially cause significant damage to county roads, along with disturbing the natural beauty of the area and having a negative effect on tourism.

The proposed ordinance says that any pre-existing facility would be required to provide the quorum court with energy production statistics for each wind turbine or solar array annually, in April. Originally, the proposed ordinance would have required pre-existing facilities to report revenue for each turbine as well, but that language was stricken from the amended version.

Several measures aimed at regulating Nimbus or other future wind or solar energy projects have failed to gain approval from the quorum court, with JPs expressing a reluctance to interfere with the property rights of private landowners.

District 6 JP Craig Hicks, who has been outspoken in opposing previous attempts to regulate such projects, said the amended proposal was reviewed by attorneys for both Nimbus and the county. He said he felt comfortable voting for the measure.

“The big issue was planning and zoning,” he said. “That’s what kind of was the big issue for a long time. I can say with great confidence that Jerry and Kellie are not trying to put this moratorium in effect to start planning and zoning. I truly believe that.”

Another reason cited by JPs who opposed previous attempts at regulation was the possibility of lawsuits being filed agains the county.

King said he believed the newest proposed ordinance will protect the county from legal exposure as well as giving county officials an opportunity to study the issue further.

“I don’t want to get the county in a lawsuit,” King said. “I think this one here, we’ve worked together and I think we’ve got it.”

King stressed that he’d like the proposal to be read and voted on at three separate meetings so that his fellow JPs have plenty of time to review it.

The proposed ordinance stipulates that the moratorium would “remain in effect until the fifth anniversary of the date the last turbine in the Scout Clean Energy/Nimbus wind turbine facility currently under construction begins to produce electricity, or .. (t)he Quorum Court passes an ordinance lifting the moratorium.”

Near the close of Tuesday’s meeting, JPs approved a resolution declaring a vacancy in the District 1 seat that Deaton has held for 14 years. Matt paused for several seconds before voting yes on the resolution and King jokingly asked: “Do I have to?” before voting yes.

After the resolution was approved, Hicks presented Deaton with a plaque in recognition of his service to the county.

“Many of us have been guided by someone we consider extraordinary,” Hicks said. “That someone is usually not just a mentor. They’re a beacon in our personal and professional journey, and often we have absolutely no idea how to express gratitude or say thank you to those mentors that have shown us the way.”

Hicks went on to describe Deaton’s long record of public service.

In addition to serving as a longtime JP, Deaton retired as Holiday Island fire chief. He also served as a reserve deputy with the Carroll County Sheriff’s Office and was a member of the county’s search and rescue team. A native of Oklahoma, Deaton worked as a police officer there before coming to Arkansas.

“Ladies and gentlemen, I want to present to you a true public servant,” Hicks said.

Audience members and county officials applauded Deaton with a standing ovation.

“I appreciate all this. I really do,” Deaton said. “And I hope things keep going. I feel comfortable because these guys here are doing a great job. … I have all the faith in the world in you guys carrying on from where I’m leaving off. And I thank you all very, very much.”

The next regular meeting of the Carroll County Quorum Court will be held at 5 p.m. Tuesday, April 15, in the courtroom of the Eastern District Courthouse in Berryville.