Carroll Electric herbicide opponents get short shrift at annual meeting

Around 150 Carroll Electric Cooperative members showed up to the annual meeting Thursday to protest the use of herbicides in utility rights-of-way. They were not allowed to speak at the meeting. A representative of the group Ozarks Grassroots spoke at a closed meeting following the annual membership meeting. Photo by Becky Gillette

Since President and CEO Rob Boaz and board refused to listen to concerned citizens during the annual meeting, the group was left talking to each other instead of the people holding the reins of power.

The members -- most of whom were wearing green "no herbicide" stickers -- weren't acknowledged by the CEO or CECC board of directors or allowed to speak during the annual meeting, which was a quick recap of the year that ended with the board walking out to go into a closed meeting.

"Many were surprised when the annual members meeting was abruptly adjourned and the board exited the room for its closed door session," said Shawn Porter of Newton County, a representative for the group of concerned citizens. "'Carroll Electric is here for its members' does not hold much water when the board and management failed to publicly acknowledge the presence of our group, or our reasons for attending."

In an email to CECC following the meeting, Porter told the utility that he truly hopes CECC realizes that hosting a membership meeting where members are not allowed to speak or ask questions fails to meet any definition of a democratic cooperative.

"I also hope that CE takes appropriate action during the coming year to address this problem," Porter said. "Next year we would appreciate having the board and management present during the portion of the annual membership meeting where members are welcome to speak."

CECC's annual meeting normally attracts as few as 10 members. But this year, residents from several counties showed up to attempt to let the board know about their concerns about the health effects of herbicide spraying, particularly because the area's permeable karst geology allows what is sprayed on the ground to end up in drinking water supplies.

The large turnout apparently had little impact on CECC. While CECC did allow Porter to address the closed board meeting that followed the annual meeting, only two other members were allowed into the closed meeting. The press and other members of the cooperative were not allowed in to hear the discussion.

Following the meeting CECC said in a press release that it was too late to do anything about herbicide spraying in 2009 because contracts are already in place.

"Our spraying program fits perfectly with our mission to provide safe, reliable, and affordable power," said Nancy Plagge, CECC director of corporate communications. "We have been reviewed by various state and federal entities and been found in compliance with our use and application. However, we understand the sensitive nature of using herbicides and will be reviewing the new information presented today by concerned members of the Cooperative."

Plagge said while it is technically possible to maintain right-of-ways (ROW) without utilizing herbicides, the cost to members would be two to three times higher.

"Cost is definitely the number one concern we hear," Plagge said.

However, representatives of the group opposed to spraying said they have requested records from CECC regarding the cost of the herbicide spraying compared to the manual bush hogging of ROWs that was done for decades prior to herbicide spraying. The utility has refused to provide the records, and hasn't allowed the members to review minutes of board meetings, either.

"CE claims 'the cost to members [of using manual and mechanical methods] would be two to three times higher,' but after over a year of asking, members have yet to be given an accurate and objective accounting of the costs for ROW maintenance using manual/mechanical, and herbicides," Porter said. "While the numbers would be interesting, such accounting is not likely to show the hidden costs to people and the environment from the adverse effects of the herbicides. What is the cost for our children growing up healthy?"

Porter told Plagge that to say in their press release that "Cost is definitely the number one concern we hear" leads to questions about what the utility does hear, and whom it hears it from.

"We had well over 150 people present with a number of concerns, and cost was not mentioned once," Porter said. "We also personally delivered a number of letters. People are clearly more concerned about protecting our water, health, gardens, bees, animals, children, and environment, than they are about seeing an extra dollar or two added to their monthly bills." (Ed. note: for the pre-meeting story that outlined requests the group made of Carroll Electric, click here.)

Porter again asked the utility to make available the financial accounting they have requested and said if belt tightening is needed, he is sure that many in their group of coop members have suggestions and ideas where savings could be realized.

One suggestion in the meeting among the concerned citizens was the costs be cut for board pay. Each board member makes about $32,000 per year, and last year voted Boaz an 18-percent pay raise increasing his salary to about $248,000 per year. Boaz' salary has increased $100,000 since he took over as CEO in 2003.

The group also discussed alternatives such as using goats to eat the brush, planting bushes that provide food and habitat for wildlife but don't grow high enough to get into power lines, and even citizen teams working to manually clean the ROW.

Opponents of herbicide spraying have been working for years to get the CECC to address the concern. In a letter from Boaz to Randy Janowitz dated Sept. 19, 2008, Boaz refused a request to meet with people concerned about this issue. "At this stage, I don't believe a public meeting would alter the position of your group or Carroll Electric," Boaz wrote.

In that letter Boaz said that Carroll Electric has gone above and beyond what most utilities do. "We are notifying our members and we are respecting their wishes when they are opposed to spraying on their property," Boaz wrote.

However, one person attending the meeting, Jeannie Feltmann of Eureka Springs, said she requested the coop not to spray in areas near her home because she is disabled from Multiple Chemical Sensitivity and gets ill from chemical exposure. Feltmann said they promised not to spray, but did so anyway.

She also spoke tearfully of her garden she depends on for food being destroyed by manure from horses grazing in a right-of-way sprayed with herbicide. Feltmann said CECC also sprayed her sister's property, even though she had requested to be placed on the do-not-spray list, and Feltmann said she knows a number of other people with similar complaints.

Porter told people that we "can't wait another 20 years for regulations to catch up with science." He said regulations have lagged behind scientific research regarding the harm caused by herbicide spraying.

Porter told both concerned citizens and the board in the closed session that herbicides are not safe.

"Current research has proven that herbicides and their combined adjuvants are harmful, even at ambient concentration levels," Porter said. "This past April, a nationally syndicated program (Living on Earth) aired a radio interview with Dr. Paul Winchester who references the research of Dr. Michael Skinner. The research Dr. Winchester commented on shows that rats (mammals like ourselves) briefly exposed to low levels of a single pesticide/herbicide, have an increased disease incidence that is trans-generational to at least four generations."

Dr. Winchester, who is a neonatologist at the St. Francis hospital in Indianapolis, Ind., said new research shows an association between the time of conception, pesticide levels and the likelihood of crippling or fatal birth defects.

Other concern raised by members is that the crews who work for contractors to spray herbicides are often migrant workers from other countries who may not always wear protective equipment or wear it properly. Melissa Clare of Eureka Springs said this raises concerns about human rights, and also about outsourcing of jobs especially during a recession when many Americans have lost their jobs.

How Kuff, wearing a "no herbicide" sticker on his forehead, said he had one word to describe the alternative to herbicide spraying: "Underground." He said electric lines should be buried to eliminate ice-storm damage.

Another woman countered with another suggestion: Conserve energy by using as little as possible. Use energy-efficient appliances and unplug appliances when you aren't using them. A man responded: 'Turn off your yard lights!" The audience applauded loudly.

Nancy Darling of Berryville also got loud applause when she said, "What about civil disobedience? I'm willing to lay down my body to prevent this."

Porter said that so far they have tried to approach this issue as respectfully as possible, but said stronger action might be needed if CECC refuses to listen. He urged people not to take it out on people who work for Carroll Electric who are good people who need their jobs.

Some present advocated more radical action. Kuff got up and went toward the lectern where Janowitz was chairing the meeting, and suggested crashing the board meeting. Janowitz dissuaded him, and it would have been difficult anyhow as two armed policeman were guarding the entrance to the board meeting.

Susan Cockrell of Holiday Island said there is plenty of evidence that moderation hasn't worked to save one tree.

"We must be radical about this," Cockrell said. "Radical is not a bad word. We need to be proactive and we need to be radical. Don't shy away from that word."

Cockrell suggested people read Rural Arkansas, the magazine of rural electric cooperatives like CECC. It is filled with anti-environmental messages including denying climate change and opposing legislation to address climate change.

"I have written a number of letters to the editor there and she won't answer me or print my letter," Cockrell said. "They are pushing an anti- environmental message with our money."

She added that people should be aware that the spray trucks aren't marked by the name Carroll Electric or by the name of subcontractors. She recommended being alert to a large white truck with workers all dressed in white with white backpacks.

Janowitz said, "We do need boots on the grounds. The Arkansas Department of Environmental Quality (ADEQ) says don't put these chemicals in wet creeks, dry creeks, or on any riparian vegetation. They must stay 100 feet away from high water marks. If you see any violations, ADEQ will come out and investigate it. There are government agencies out there that support what we are doing. Please take action in that way and inform your neighbors and those you know that they are not supposed to spray around any water, or ditches that carry water. Because of the karst topography, it all ends up in our water. It is a serious problem, and we are not alone."

He added that Carroll Electric has a 9,000-mile grid that was maintained for years without herbicides.

"It's Carroll Electric's job," he said. "It is what we pay them for and we are a co-op."

Janowitz said Carroll Electric isn't allowed to spray herbicides on National Park Service land such as the Buffalo National River or to spray around bats.

"If you can't spray around bats, which are mammals like we are, why can you spray around our children?" he asked.

Citizens also asked whether Porter or Janowitz would consider running for the board of directors, but Janowitz said it is virtually impossible for anyone to get on the ballot because the bylaws are stacked against members. Board members are elected for seven years. They are nominated by a board committee with the CEO as chair. Normally they run unopposed as it takes more than 6,600 signatures (10 percent of the membership of about 66,000) evenly distributed between the 11 counties served by CECC for members to nominate anyone else to be a director.

It is even more impossible to get a resolution passed as CECC bylaws required petitions to be approved by 25 percent of the members. It takes about 14,000 signatures to get a petition on a ballot and two-thirds of members--44,000 votes--to pass. The most number of members who have ever voted in the annual election is 18 percent with 12 percent returned last year.

There was one victory from the meeting as CECC agreed to revise its letter notifying residents of spraying planned in their area. Opponents of the herbicide spraying had complained to regulatory officials the letter was not sufficient as it didn't mention the word "herbicide" and said the spraying was harmless. CECC said it will be changing its notification letter. However, according to Pat Costner, an environmental consultant and retired Greenpeace scientist, she met with CECC in 2006 about correcting the notification letter. "They agreed to revise it," she said. "But clearly they did nothing."

Porter said people need better information when being notified their property will be sprayed.

Some people came to the meeting hoping to be placed on a "do not spray" list. But they were told they can't be placed on the list until herbicide spraying is planned in their area. Only then can they ask to be placed on the "do not spray" list.