Monthly meetings of the Carroll County Quorum Court have frequently been tinged with an air of confrontation for nearly two years, fueled by debate over a planned wind-energy project near Green Forest.
The most recent quorum court meeting was no exception.
District 11 Justice of the Peace Caroline Rogers, who was participating in her first regular meeting as a JP after defeating longtime incumbent John Howerton in the November general election, sponsored an agenda item to discuss the exploration of a moratorium on additional industrial wind and solar projects in the county.
Scout Clean Energy’s Nimbus Project, which is in the early phases of construction, has been a lightning rod for controversy. Opponents of the project — which will include 30 wind turbines, all between 591 and 644 feet tall — 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.
Rogers has been a vocal opponent of the project from the outset, regularly voicing her concerns during public comments at quorum court meetings. Several JPs also have expressed reservations about the project, as has Carroll County Judge David Writer, but the majority of JPs also say they don’t want to interfere with private property rights. Several proposed ordinances related to wind projects have failed to gain approval, including one that would have imposed a one-year moratorium on the construction of any industrial wind or solar energy facility in the county. That proposal, sponsored by District 3 JP Harrie Farrow, was voted down 8-3 in November 2023.
At the Jan. 21 meeting, Rogers pointed to a moratorium recently approved by the Madison County Quorum Court. She said another wind-energy company has been approaching landowners north of Berryville about the possibility of signing leases.
District 1 JP Jack Deaton said he had been prepared to vote in favor of Farrow’s proposal until he received what he described as threats from opponents of the Nimbus project.
“I was ready to vote for it,” Deaton said, addressing his comments to Rogers, “until there was a group — which you were a member of this group — started sending out stuff, making threats to us if we didn’t vote yes on it. One was stupid enough to say that we could be charged with child abuse if we didn’t vote yes on this moratorium. And I can show you the emails, but you changed my vote from yes to no on that thing that quick. You threaten me, you’re not going to get diddly done. … The techniques that you used really irritated me and a few of the other JPs.”
“I understand,” Rogers replied. “It’s completely in the past and there was no playbook to go by for any of this. We were all caught off guard. Like I said, there was no playbook on how to handle this. And so that’s in the past, Mr. Deaton, so what about the future?”
Deaton also objected to a draft ordinance that was presented by a speaker sponsored by Rogers. That draft ordinance apparently being written by a third party rather than a JP or county attorney.
“I write my ordinances or our legal helps me write our ordinances,” Deaton said. “I don’t bring somebody from some other state or some other place else to write ordinances for me to vote on. I feel strong about this county. I’ve been in this county for a long time, not as long as others. I feel real strong about it. But I want to be involved in this if I’m going to vote yes for it.” “And that’s what we’re discussing,” Rogers replied. “Glad to hear that you’d like to be involved.”
Earlier, Rogers sponsored the presentation by county resident Steve Chase. In introducing Chase, Rogers said: “He’s with Crossland Construction and has been in the construction field for a very long time.”
Chase described himself as “lead project superintendent for the last 30 years.”
“I’m here to speak and provide information related to wildfire prevention,” Chase said, “and to provide a draft ordinance to help the Carroll County Quorum Court manage this and future similar risks.”
He went on to say that “Scout’s project is proceeding in a manner that increases risk to Carroll County.”
In response to a question from District 6 JP Craig Hicks, Chase said he lives in the area of County Road 905 and U.S. Highway 412.
Hicks then asked Chase about his employer: “You’re not here representing Crossland Construction, correct?”
“No,” Chase answered.
“Do they know you’re here?” Hicks asked.
“Yes, they do,” Chase responded.
“OK. Just making sure,” Hicks said.
“My boss does,” Chase said.
“Making sure of that,” Hicks replied. “I didn’t know how crazy they’d be about you getting involved in this.”
“Well, I’m a lead superintendent and I can do whatever I want in my own county,” Chase said.
“Just didn’t know if they would know you were here or not,” Hicks said. “I don’t think they do.”
“They’re not involved,” Chase said. “But they … no, they do.”
“They will tomorrow,” interjected Arturo Calvillo, a property owner who has a lease agreement with Scout and has frequently spoken in favor of the Nimbus Project.
“Is that a threat?” asked Chase. “Who said that?”
“I did,” Calvillo answered.
At that point, Writer interjected, saying that there should be no comments from the audience.
After some further discussion, Farrow asked Chase if he wrote the draft ordinance that he presented.
“I had help,” Chase answered.
“From?” asked Farrow.
“I don’t want to put any more names,” Chase said. “Somebody just mentioned the company I worked for.”
“It was you mentioned the company you work for,” Hicks said.
“No, you mentioned it first, sir,” Chase replied.
“You wanted us to know who you work for when you came to the podium,” Hicks said.
“No, I didn’t,” Chase said.
“Yes, you did,” Hicks replied.
At that point, Writer pounded his gavel and said “Stop!” loudly.
“If you’re asking us to take this ordinance seriously and you personally didn’t write it, then it would be helpful to us to take it seriously to know who was behind the writing,” Farrow said, “Also, if you’re not wanting to divulge that, that doesn’t look real good, just to let you know.”
“Well, it’s multiple people,” Chase said, adding that JPs with questions about the proposed ordinance can send those questions to him, “and we’ll have them address them.”
“I just asked a question, like who wrote it,” Farrow replied. “So I guess that’s your answer. Thank you.”