Local property owners and residents addressed Jack County commissioners during the public forum portion of Commissioners Court Feb. 9 to petition them for assistance with noise abatement for the 60-turbine Barton Chapel Wind Farm.

Tom Fillene pleaded with commissioners to take a trip down to the area and listen for themselves to the "obnoxious noise" coming from the 400-plus foot "monsters."

Fillene stated he was speaking on behalf of other family members who lived under the wind turbines and were experiencing health issues due to the noise coming from the giant towers.

"It seems as though the noise is intermittent, and I have been told it may be cooling generators going on and off," said Fillene. "I spoke to Judy Carroll of Gamesa more than a year ago, and she said the company anticipated fixing the noise problem before hunting season.

"That didn't happen."

Judge Mitchell Davenport spoke in defense of court members and explained that complaints regarding the operation of the wind turbines should be directed to the operators.

"We do not have the power to regulate them," said Davenport. "We are not in the permitting business ... this is a property rights issue. We, as a body, have no authority to regulate health and welfare issues such as these. Neighbors who live near ‘pump jacks' also deal with the noise and debris issue, this court has no authority to regulate that industry either."

Fillene asked if the original wind farm developer, Gamesa, was still operating the location at Barton Chapel since he had heard the project had been sold to another entity.

"If it did sell, are the new owners paying taxes or is it a ‘tax free' public utility?" asked Fillene.

"I believe Gamesa has sold its controlling interest to Iberdrola Renewables - the world's largest wind energy company," said Davenport. "And, yes, they are in compliance under the tax abatement agreement on file."

Fillene continued by saying there is very little value to be realized from the project and made a plea for neighbors not to impose on those who do not benefit from the location.

Jacksboro resident Fearl Smith read from a prepared statement.

"I would love to see our local officials study more about wind farm turbines and the piddling power they are barely capable of providing. Listen to the non-wind power proponents more. The average citizen electric power consumers and taxpayers cannot afford those godzilla turbines," said Smith.

"We pay taxes," said county resident Rod Heltzel. "Your arrogance motivates me because you (commissioners) do have a responsibility for the health, safety and welfare of this county and its residents. You could stand in opposition of future projects by not granting such large tax breaks or no breaks at all."

Landowner Thomas Dyed sold property across the road from the first turbine to be erected for phase one of the projected three-phase project in Jack County.

"It was by sheer luck that I sold it," said Dyed. "The man who bought the property called me, livid, when he found out about the proposed project. He accused me of knowingly selling him property which would be reduced in value due to the noise and traffic associated with these 410-foot monsters," said Dyed.

"You guys have the power to govern. These towers are disturbing the peace and tranquility of Jack County. We're all living here together and I think it's one of the prettiest parts of the state. I wish you would do something, as a group, to stop any more such development," said Dyed.

Pct. 3 Commissioner Jimmie Cozart, in whose precinct the project lies, has received numerous complaints about the noise, and other construction issues during the course of his regular workday from constituents.

"I heard what I call ‘gear noise' during a regular inspection of the county roads," said Cozart. "I had a discussion with one of the project managers about the noise at this particular location and when I went back, three days later, it was no longer making that noise."

Cozart pointed out that there is a difference between gear noise and noise coming from the blades as they turn.

"I've been back to that same location twice since then, and I do not consider there to be any health issues. It may be noisier when the wind blows harder, but not too annoying until you get used to it."

Pct. 4 Commissioner Sonny Pruitt asked Davenport if he was aware of any noise surveys which may have been done, and Pct. 2 Commissioner Bryson Sewell suggested a letter be drafted to Iberdrola from the court requesting such a sound study be done.

"In the interest of being a ‘better neighbor,' and trying to work together, I will draft for your signature a letter from this court outlining the concerns discussed here today, and make a request to open up dialog," said Davenport.

In other business, commissioners approved the execution of a contract for jail confinement services with Archer County and nominated Davenport to serve as a voting representative to the Nortex Regional Planning Commission. Sewell was elected as alternate.

Following discussion of the newly enacted outdoor burning ban, commissioners voted to purchase additional flags from the Texas Department of Criminal Justice for use in Jack County in strategic locations to inform the public of the existence of a burn ban.

Commissioners requested an update from County Attorney Michael Mask on the status of a civil suit against landowner Jack Chipman to relocate a fence on Crafton Road.

"To date, my records indicate that Mr. Chipman has been served, but there has been no response received by him or his representative," said Mask. "He has 45 days in civil litigation to respond."

Mask will draft an interrogatory questionnaire and deposition from the defendant and former Pct. 1 Commissioner Joe Paul Nichols. Mask predicted a hearing date could be set for June.

Under the consent agenda, commissioners approved use of courthouse square by the ladies auxiliary of the Jermyn Volunteer Fire Department for a fund-raiser.