Judge: Debate has divided county

Carroll County Judge David Writer, speaking at the Carroll County Quorum Court’s regular meeting on Tuesday, Sept. 17, expressed concerns about Scout Clean Energy’s plans to construct a “wind farm” near Green Forest, but said the county cannot stop the project and urged residents on both sides of the issue to “return to being friends and neighbors.”

Scout, based in Boulder, Colo., plans for its “Nimbus Project” to expand over approximately 9,000 acres — about 14 square miles — in Carroll County, much of it along County Road 905. Scout says the project could generate up to 180 megawatts of electricity at peak demand — enough, the company says, to power almost 30,000 homes.

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

The planned project has drawn vigorous opposition from opponents who say it will be harmful to wildlife, have adverse health effects and pose a potential safety risk for humans and cause significant damage to county roads, along with disturbing the natural beauty of the area and having a negative effect on tourism. Opponents of the project also say Scout’s ownership can be traced to Chinese interests.

Writer has said he will sign a “Road Use Agreement” with Scout that will require the company to pay for road maintenance and repair expenses related to the project.

The debate over the Nimbus Project has been a primary topic of discussion at quorum court meetings for the past year in a half, with opponents of the project criticizing county officials for not intervening. Several proposed ordinances related to the project, either directly or indirectly, have been voted down, with the majority of the court’s 11 justices of the peace saying they don’t want to interfere with private property rights.

At Tuesday’s meeting, Writer said he shares some of the concerns expressed by opponents of the project.

“I’d like to address both sides on this wind project,” Writer said. “First, to the ones that are opposed to the wind turbines, I understand the concerns about these turbines and I share some of those concerns. I do. Just the fact that the federal government is offering incentives for these to get built is concerning to me. If I had property out there, I might not sign a contract with Scout myself. I might not. I might not. So, I get why you wouldn’t want to live near the project, but the simple fact is the county has no ordinances in place to stop this project.”

Writer said he wouldn’t doubt that the majority of county residents are “against” the project.

“But at the same time, I know that the majority of this county is opposed to planning and zoning in any form,” he said.

Writer said his office’s only authority related to the project is the use of county roads. However, he said he does not have the power to prevent Scout from using county roads, as some opponents of the project have suggested.

“It’s against the law to keep anyone from accessing their property, whether it’s owned or leased,” Writer said.

The road use agreement provides the county some protection from expenses related to road maintenance and repairs connected to the project, Writer said.

“(The agreement) will hold (Scout) accountable for the damage they will cause to the county roads,” he said. “Without it, they will just use the roads and county will have to pay for it using taxpayer dollars.

Writer added that refusing to sign the agreement is not a viable option.

“Why not just refuse to sign it and then stick it to them in court when they start tearing the roads up?” he said. “All they have to do is send a lawyer into the courtroom and say: ‘We tried to enter into an agreement with the county, but they refused.’ We would lose that court case and we’d still be on the hook to fix the roads. … (The road use agreement) is really the only option that makes sense. Let’s hold them accountable where we can.”

Writer then addressed supporters of the project.

“I want you to know I understand why you’d want to sign a contract with Scout,” he said. “No doubt, in some cases the land you leased to Scout has cost you more money than it’s made you. Now you have an opportunity (for a) better financial situation for yourselves, for your family, through these leases. In light of the current economy, I can’t hold that against you, that you want to sign these contracts. After all, it’s your property and you can and should use it as you see fit.”

Writer said he hopes the Nimbus Project “outperforms” Scout’s projections.

“I hope it succeeds,” he said. “While I don’t believe it’s the government’s place to prop up or ensure the success of any business venture, I do believe we should hope for the best for our businesses and industries, so I hope these are better than advertised.”

Writer asked supporters of the project to “try to understand” the concerns of those opposed to it.

“I’m not asking you to change your mind or your opinion,” he said. “Just try to put yourself in their shoes. And those opposed to the turbines, I ask you to do the same thing. Try to understand why your neighbors would want to sign on to the project.”

Writer said he is troubled by the rift that the debate over the project has caused.

“It’s concerning to see the division and the fighting and the yelling and the threatening that’s happened,” he said. “It concerns me. You can believe what you want to believe, but it concerns me.”

Writer said Carroll County “is the best place to live.”

“This is the best place in the world,” he said. “I’ve said it before. I mean it. I mean it. But it isn’t the hills and the valleys and the farms and the industries that make it such a great place. It’s the people.”

Writer said the debate over the Nimbus Project has divided the county.

“We can point a finger at Scout and say they caused this divide, but if we’ll be honest, we’re the ones at fault,” he said. “We have let it divide us. We’ve let it divide us. I’m afraid that we’re in danger of falling into the same mentality that many in our great country have fallen into. It’s the mentality that since we disagree, we have to be enemies. We don’t have to be enemies. Let’s be neighbors. What happens next in our community is up to us. My hope and prayer is that when the dust settles and all of this is over, we can return to being friends and neighbors. I want us to still be the kind of people that makes Carroll County a great place to live.”