Planning and Zoning - Regular Meeting

Test. Can everyone hear me? Thank you. This meeting is now called to order. Good evening. Welcome to a special called meeting of the city of Franklin planning and zoning. Justin, would you open us in prayer?

Y'all pray with me, please. Dear heavenly father, grant us guidance and wisdom. Uh let us have peaceful and logical conversations and let us come to great conclusions for our community. And please wrap up the White Singer family in a blanket of love and peace and calmness right now uh as we miss him tonight in your name. Amen. Thank you. Um, gentlemen, did you get a chance to look at the minutes from our last meeting? I'll make a motion that we approve.

There's a motion on the floor that we approve the last set of minutes. Is there a second? Second.

Okay, there's a second on the floor. And um I need to see. Okay, I think there. Okay, we are now into um Mr. Barnes has asked if he could act as the spokesperson, the only spokesperson that will have an opportunity to speak for three minutes and uh I said that we cannot show any sort of favoritism and or um extra privilege. We want everyone to be treated equally. And Mr. Barnes said that he would be respectful and he would speak for the group and give them to the board.

I was just Yes, you can give them to the audience. What? Mr. Mr. Crocker needs to see it first. You can give it to council. He said he can't do it. Well, there

is he representing you. No, ma'am. But we have to be we have to be fair to them as well. They're the ones that called this this is their meeting. We're trying to be fair on this side as well and show them respect. This is this is not a legal document. This is information that I want to share to the planning and zoning commission. Madam Chair, I think I would object to that. We're here simply for our application today. Uh I think you've already extended um quite the gratuitity to Mr. Barnes by allowing him to speak uh before even the applicant or the board does.

Thank you, Tommy. information that I'm holding here. Microphone.

Oh, the information that I'm holding here, I will make available to anyone that would like to see it. I I think there's a few things that need to be addressed tonight. We have a lot of questions on your paragraphs A through E here. I think the most interesting thing is the while you check off all of those boxes for sewer, water, all of those things, there's one major box that's left off of that list, and that is whether or not this actually fits into the current planning and zoning regulations. We had we had a meeting where we discussed all that. You guys unanimously voted that down. There has been no changes to that. The county has issued an or an ordinance that would require a conditional use permit. I think there's a lot of things that need to be weighed out before we just wade through all of these other things. You may be able to check all of these boxes tonight that

we're already way off from the subject we're here to talk about. We're talking about the development plan. I'm talking about the things that have to be in place for a development plan to be approved. And and one of those are it has to fit Mr. Barnes. It has to fit the planning and zoning regulations. He's got one more minute. He's giving me and and one more minute. What? Yeah. So,

all right. So, I just want I want this commission to take these things in mind as you go through here. This information that I have here contains several emails from the planning and zoning administrator where it shows that things were tried to be rushed and hidden and things that were not done exactly the way they should be done. And I just think that we need to take that into consideration before a decision is made to proceed with a plan review. I honestly don't believe there is any legal standing to proceed with a plan review until the planning and zoning regulations are in order. And there's a lot more in this information. If I have to share this with their council for you guys to see it, then I'm glad to do that because I I intend to share this information with the public.

I believe that we could certainly see it after the meeting. I don't think that would be a problem. But yes, Madam Chair, as long as there's a vote today, I think there's no problem with him sharing information to the meeting. Yes, sir. I I hope y'all really consider what we're doing here tonight.

Shall we? All right. So, I just want to clarify one thing, guys. Um, we're here because they say that this fits in the I2 zone and they submitted a development plan just like anybody in here can do for their property. And we're going to lit Yeah, I understand. We're going to see we're going to go through this. That's why we broke it down to figure out if it's legally right for them to submit it under the I2 zone and we'll see where it's going to go. That's where that's why we were appointed to this board to do that.

I have one if I could reflect that and I appreciate that. Uh, Mr. Ke, I appreciate that, Mr. Keepley. In this information that I will share with you, you will find where the planning and zoning administrator sends an email that says he doesn't really know that he has that authority, although he made that statement under oath that night. You will also find in a meeting of the city commission, the city attorney said arguably there is nothing that would allow it under our current regulations. And and he's when he says it, he's referring to the data center. So, I think there's an argument to be made that that's not necessarily the case. Okay.

Okay. Thank you. Now, we're going to get into the meeting that has been set forth. Before we proceed, I'm going to outline the procedures that will govern tonight's meeting to asssure that the commission's business is conducted in an orderly, fair, and respectful manner consistent with our rules and procedures for commission will follow the agenda presented this evening. Consideration will be limited to the first five items of the initial development plan. The commissioners will begin by directing questions to the applicant. Once the commission's questions have been concluded, the applicant will have a chance to rebut our questions. And following that, the floor will be open to the public for questions related specifically to the agenda items currently under consideration. Members of the public are asked to address all questions and remarks in a concise and nonrepetitive manner. We also ask that you find keep your comments um strictly to the item before us. At that time, we've reserved the right to rule any comments out of order or out of the scope. Any individual that has been ruled twice out of order will be asked to be seated and will not be able to speak longer again. If you continue speaking, you will be muted as you know and then um we hope that we will not run into any of that this evening. Additionally, under the city of Franklin standard of decorum, no disparaging, disrespectful remarks will be pointed or permitted regarding our city officials, our official employees or county officials and their employees. We want to be courteous throughout the

proceeding. The commission appreciates your cooperation and your participation and uh as we conduct this for uh the city of Franklin. So, let's jump right in and get started. The new business before us, Turnkey Land Company LLC is here to request a preliminary development plan for a data storage and service centers with power manufacturing located at 421 Steel Road. The first of the application is an application for sewer availability. [snorts] We're prepared to hear.

Yes. Thank you, Madam Chair. As you'll see in your application packet, we have satisfied the requirement for sewer availability. Uh yeah, certainly we can do introductions if you like, Madam Chair. Pardon me, sir. Would you like us to do introductions? That that would be fine. Thank you. If you would like to certainly be great. Thank you.

Uh my name is Gregory Dutton. I'm the attorney on behalf of Teni, the applicant. I have with me today here Felix, who is going to be uh testifying on behalf of them. And then we have the rest of our legal team uh from here in town. We've got Tim and Amanda as well. Um Madam Chair, if you will, back to the to the matter. The first one I believe you mentioned is sewer. And as you'll see in the application packet, we have submitted our letter indicating uh the capacity for sewer. Um I would also just like to point out that when the application was submitted, we were indicated by the planning and zoning director that uh our entire application was sufficient and met all of the requirements of the development plan application checklist.

I'm sorry, ma'am. If you can you not hear is that or I asked who Oh, you asked who. I'm sorry. Can you repeat that, please, sir? What? I'm not sure what she's Is there an echo? I'm sorry, ma'am. Are we taking questions? No, not yet. We're not. But she could she apparently she couldn't hear what you were your questions happened after, but she couldn't understand I believe your lang what you said. Okay. I couldn't hear her question. Apologies. I'm sorry. [laughter] What was the question? She wanted to know who what

submitted. Uh that's 10 key LCO LLC. Okay, [sighs] gentlemen. Do you have questions? Can you all tell me what the industrial process water is and exactly what will be done with it and since it will not be going into the sanitary sewer system?

I I think I missed the last part of the question but uh the first part is the industrial process water is basically uh the replacement water for anything that uh uh escapes from the cooling system. So, it's a closed loops cooling system. So, not not an evaporative cooling system, air cooled, but it does have some minor uh replenishment needs.

Now, what do you mean by replenishment needs? How how much replenishment needs are we talking about? Are you talking about replenishment from our water supply? Yeah, replenishment for the coolant system. So the cooling to be replenished yearly how often? Occasionally, you know, as it runs down, you have minor leaks and and some evaporation, but it's really very small compared to um other systems.

Okay. Now, Felix, the replenishment water, is the water that we're replenishing, is it evaporating out or is it leaking out? Where's it going that we need to replenishment for? Just rely both, but small amounts. It's think about it as a car radiator. Can I put the light closer to you now? Think think about it as a car radiator. You know, you typically don't need to worry about it unless you have a small leak and then you've got to replace the water that's been used.

We should be on water, but I was wrong. I'm sorry. Why are we having questions at this? We're going to get to the community. Yeah, we were going to the commission's going to ask questions and we're going to let y'all ask questions you want. We'll get to you. It's how we laid it out. I'm sorry. We didn't have the agenda handed out. Pardon? Yes. Yeah.

Believe me, I know exactly. Okay. I know exactly how all of you feel. I know your concerns, but they have on here that they're going to allow you to ask questions once the commission gets through. So once they get through, please please do bring your questions. If you have a question, please come and bring it. But while they're speaking, let's show that we can give them the respect that we're going to want when we're up here talking. Thank you.

Okay. Okay. Okay. We'll we'll do our best to get our microphones as close as we can. You hear me? Okay. [snorts] Okay, further questions on this um sewer availability.

I'm not I'm not really clear on the replenishment and how much that's going to be yearly. So, I'm not they they don't seem to have a definite answer on that. I'm a little unclear. I'm sorry if you could repeat the question that we can try and clarify if there's something that you didn't understand where you know when you say replenishment water you know what does that look like yearly I'm not sure what or monthly I don't know what that means you know it's occasionally you know what I'm saying that's that's a little vague for me

yeah I think one of the things that uh to know about it is that uh this is the maximum water usage that the facility would need this isn't going to be a daily usage. This is the maximum that it may need. So if there was a reason where there needed to be replenishment, then it would have to that this is the amount that would need to be used. There is some that is evaporative, but the numbers that are there, Felix, correct me if I'm wrong, but these are estimates based on sort of the worst case scenario. Is that right, Felix?

Yes, that that's correct. So just just by way of comparison, small businesses, cafes, retails, I think some folks here in the audience own some of those. You might go through a,000 to 5,000 gallons per day. Uh on average, uh this industrial process consumes 2,900 gallons per day. So when I say I say minor for a facility of that size, certainly it's not a lot. Mr. Mayor or any anybody have further questions under the sewer? Okay. Um commission [clears throat] does have has no more questions in regards to the application for sewer availability. Does anyone in the public have a question in regards to the sewer availability? Okay, you may come forward. Where does that water come from? Where does the water come from that replaces the water that you use that evaporates?

We're talking about sewer now. Not we're talking about sewer availability. We're on sewer. Oh, he was just talking about water. So, okay. We'll we'll get to water next, sir. Thank you. Anyone here want to ask a I need you to come down front, please. Thank you. and just introduce yourself. Thank you. Hi, I'm Brandy Bell. My question about sewer is he asked it first, but it never got answered. Uh Justin asked it. Where is this going out to if it's not going into our sewage?

Uh it's evaporating. Okay. And you mentioned leaks. leaks don't evaporate. Honey, where is that going into? Uh down to the ground or the dying system. Okay. So, it's going to be seeping into our ground. Thank you.

Question on sewer. Yes. Yes. Please introduce yourself. Thank you.

My name is Wes Stone. I live right down from this at the end of Lake Springs Road. And I promised I would be civil before I got here. My question is, if you have a leak, which I'm not buying that it evaporates, sir. I'm sorry. I don't believe you. And the second thing is, and you said it went into the ground. I know firsthand that that property has caves all over that land. Don't ask me how I know. I grew up there. And there's probably not a cave in that area that I haven't been in at some point or time or another. So, I'm not buying this that it's just going into the ground. And I want this answered clearly because if it goes in the ground and goes in a cave system, it will go into our wershed or larger. And this kind of stuff is what Mason has been addressing. Madame Chairwoman, can I just object to the extent that I'm not sure what the question is?

Yes, sir. What is your question? What are you going to do with it? It's not that smart hard to figure out the question. What are you going to do with this? I'm sorry. I'm not being smart, but these are questions that need to be answered. So that your question is where does the waste Yeah. Where's this water going? If it's going in the ground, where is it going from the ground? The w the waste. The waste. Yes. the the majority of water that's going to be entering the sewer system is just from normal usage like employees washing their hands, flushing toilets. I have no further questions.

Okay. Well, I'm going to continue to answer your So, the majority, if you look at the application materials, the majority of the water that enters the sewer system, it's from the 40 40 employees. It's roughly a thousand gallons per day that's going to go into the sewer system. There is an industrial waste water that they expect to be lost that won't go into the sewer system, and that's from evaporation. There are a number of evaporation um basically cooling towers that are built into this. They're designed to recapture as much of the water as they can, but they're not 100% efficient. And so there is some amount of water that is lost to evaporation. And when we get to the water, you'll see that's where the water usage is. It's relatively a small amount, but that's where the water loss goes to.

Okay. Um, my name is Jasmine But um, has a formal sewer capacity study been completed for this project? And if it has, when will that be publicly introduced to all of us uh, before any approval is done? Uh the sewer capacity is um at this stage the only thing that is required or that has been conducted is the discussion with the city of Franklin water and sewer availability. Uh they have indicated that they have sufficient capacity for what the plan proposes. Okay. But there has not been a specific study done that the public is able to see.

I don't know what that would even look like. So I apologize. But thank you. No.

Marty Marty Chandler. Um, when you're talking about a closed system, is there any chemicals like in a radiator you had to put antifreeze in? Uh, is there any chemicals in this closed loop system? If there is and those chemicals are going into the sewer system to the water treatment plant, does that add an extra cost to treating that water so it can be released or I just haven't heard of I mean I'm assuming there's chemicals that go into this water. Is there chemicals in this water? I [clears throat] think that was a multi-part question. The the the one part question is there chemicals in this water? Yes.

Okay. Okay. But but it is so you're releasing chemicals into the sewer system which goes to our wastewater treatment plant and that water is released after it's treated. Will there be extra chemicals or extra process to that water before it can be released out of the wastewater treatment plant? It's not released into the wastewater treatment plant. Excuse me. It's not released into the wastewater treatment. It's going into the sewer system. No. No. It's who mayor not okay if a coolant tire goes down and you have to drain the coolant tire does it not madam this individual isn't letting Felix answer excuse he's not alone yeah can we just can you just give

circle back and get what question do you want to ask so we're going to circle back I just want you to you want to know what chemical is in the water I'd like to know what chemicals is in this water how that would affect because some of that water will have to go we're talking a sewer. Some of that water will, you know, we had a leak. If you have a leak, does it not go into the sewer? Yeah. So, just just please don't interrupt him. Let him finish and then if you have a follow-up question and Madam Chair allows it, that's fine. Just Okay. Yeah. Okay. Let

s. So, so these systems are designed with dyking and double wall pipes to to contain leaks. Uh, if they're ever drained down, they're drained into tanks and refilled. So, it's not going into the sanitary sewer system. But there is a chance this could end up in our sewer system. Is that correct? Is there a chance this chemical could end up in the sewer system? Yes or no? I don't see how. Okay. I ask a question. Yes, sir. What's your name, please?

My name is Dennis Wallace. Thank you, Mr. 614 North Street. Uh my wife and I moved here less than three years ago. Uh kind of strange. We moved north instead of south. When we decided to retire, we chose Franklin because it was a beautiful little community. It's unusual to see all these people here. I'm come from a town where nobody showed up for public meetings. They just did whatever they wanted to. And uh my history uh briefly I was on the debating team when I was in high school and college and I learned from that they said never try to convince you people that a data center is good. Never try to fence you question. One question. I told you why I moved here.

Why did y'all choose Franklin? Madam I think that's outside the scope of the development plan. Can't answer that. I don't believe that's the scope of this hearing. Question. I'm sorry, sir. It's It's not within the scope of where we are right now. The waste. Thank you, sir. My name is Jack Hayes. I live in Franklin. Got a question for you. You said that about the leaking into the ground. One concern I have is did you know that this is sitting on top of of Sinking Creek Cave system?

Oh yeah. and you are building a data center on top of a area that's topographically carsted and it feeds the water system all the way to Mammoth Cave to Penny Royal 400 miles. What are y'all going to do about if this does leak into that water system? Are you going to be responsible?

Uh madam, I'll I guess I'll make a point. Um number one, I'm going to just object to the extent that that's outside the scope of this. But sir, I'll I'll also answer your question. Let me let me answer this question. There are a number of environmental studies that have to be done for the final development plan and there are a number of permits that have to be applied for with the state before this facility could ever be built. So all of that will be studied and figured out, but this is the preliminary development plan stage. So we just don't have any of that because this is too early in the permitting process. When we come back for the final development plan, we'll have all of that worked out. But this is this is just an early step in the development plan. We're not there yet. Well, I was just wondering because it's listed in Kentucky Heritage as protected property for indigenous people and ground stuff. So, just a question to that.

Thank you, sir. Hello people. My name is Eli Dixon. Live here in Franklin, Kentucky. Uh, couple questions for you, sir. Um, preliminary hearing. Um, have you guys already done a soil test for the property? Sir, we're on waste right now, correct? Soil test. That's percolation test for disposable of waste water. I think I'm sorry ma'am. This is not where we Yes. Yeah. That's outside the scope. Are we talking about sewer here? Sewer.

Sewer. Yes. Wastewater sewer. So a soil test is done prior to building you know excavation site work utilities all that being installed. Has that been completed yet or no? Yep. Ma'am, I believe that the scope for this particular portion of the hearing is the sewer capacity, which we are prepared to testify on, but not to this gentleman's question, which I believe is outside the scope of the current topic. Is it okay? Okay. You guys, when someone is up here, it is their turn to speak. Please don't speak out of order. you define the scope for everyone. We have some You'll need to come down to the

If you want to see one of these, you're welcome to one. We've got them. And this is what we are going through. Mr. Barnes did put it on his Facebook page and how and Yeah. Okay. And how we are going to go down this meeting. Next question. Uh we're trying as hard as we can. So, you are not tying sewer into the city sewer line, are you? Yes, we are. Part of the part of the city. In that property, where does it run along? Does it run along the frontage where the road is still road or?

It currently runs along Steel Road and ties in just behind the Cracker Barrel. Okay. Do you It's pre preliminary here. Do you guys have like a pipe size or a diameter of pipe that you plan on running for the sewer? No, not at this juncture. No. Okay, that'll be it. Thank you guys. Thank you. Hello. How are you? It's nice to see you. I haven't seen you.

Thank you. My name is Dean H. Hearnden. [clears throat] I'm a longtime resident here. uh uh mechanical engineer worked with Kindle for 34 years and Logan aluminum for 11. Uh I have been responsible for installation and operation of cooling towers and cooling systems. Uh I think there's a little bit of confusion I think on everybody's part is that you have a direct discharge at all times on cooling towers because the water here is very hard. Once you evaporate the water, you leave the chemicals, the calcium, all the hard hardness in that water. In order to protect your cooling equipment, you have to discharge it and keep that conductivity at a certain level. Most all systems have an automatic system.

Madam Chairwoman, I'm going to object to the extent that I haven't heard a question. What is the question? And that's what the question is, have you included in your sewer system the discharge automatic discharge to keep the conductivity level in these towers at a correct conductivity? Is that included in your calculations? That's the question. Sorry for the long I apologize for the for the long. He's a good man,

but I think a lot of people don't understand how a cooling tower works. And uh I'm assuming you have a water to water cooling system. So anyway uh is that included in your calculations for discharge? The second thing is you let him get there. Let him second here. Sir, we're trying to figure out if we can answer your question. your your question. Can you restate that a little bit more succinctly? Because we're trying to answer

coming off of that tower to maintain the conductivity other than evaporation. You have the evaporation. That's water usage. But to control the conductivity, you bleed off so much water automatically. I'm assuming automatically, but in today's system, it has to be automatically to uh protect your equipment. So my question is, was that included? You said about a thousand gallons a day going to the sewer and that is way way low if you include the discharge from the cooling tower. You cannot discharge water.

The gentleman will take a pause. We'll try and answer. Okay, sir. He's gonna they're going to try and answer your question, sir. Mr. turned and they're going to try and answer your question. Thank you.

Yeah. So, what we have is we proposed to the water and sewer uh uh Franklin city city of Franklin water and sewer uh basically our calculations for what our estimate for the sewer capacity is. When we get further into the development process and we have more of the technical specifications, then we will hone in that number. But what we have asked for is essentially at the maximum capacity that we anticipate needing at this stage. That will that specific number will get more refined further down the line, but we're we're too early to know exactly what the number will be past sort of the the estimates that we calculated with the the sewer company.

Here here's my fear is that that number is going to be a very large number. That number can be calculated fairly easy now knowing the chemistry of the water which we should have and the cooling tower people should give you that. Madam chair, we still don't have a question here. Yes sir. So second question second question is you. Thank you. Are you going to discharge any of this cooling tower water to ground? I think that Mr. uh Felix here has already testified. The answer is no. Um and I would also just object that generally that's outside the scope of the question.

So that has to be included in the discharge to the water treatment plant. Thank you. Thank you, Mr. He. Hearnden. So on Mr. Hearnen's question, so is this industrial processed water, the 2900 gallons per day, is that the water that's discharged from the cooling tower? I need to look at these. Is that what that is? Or you never did really clarify that will not be going into sanitary sewer system.

Thank you. I think that the the uh questioner assumed that there was a large cooling tower component with a fair amount of water being

being being run through it. Uh but this really is co closed loop uh with with chillers air air air air air cool chillers just quickly indicate too we're trying to answer your question sir uh but this this information here is really about capacity right so I mean it was based on sort of the maximum estimated discharge that could possibly go to the sanitary sewer system so to a certain extent it's an estimate in an imprecise number.

I got you. The thousand gallons per day is what you're going to be actually going to the sewer system, which is the employees. But I just wonder why you listed that if it wasn't pertinent. Uh the 2900 you mean? Yes. Correct. Yes, that's correct.

Yeah. [clears throat] I think to a certain extent it's what is the what is the maximum amount that we could use and so we tried to be conservative in estimating that. I think that's where the 2900 comes from. Yeah, but I think the comment comes from around you said it's not going into the sanitary sewer and we're talking about sanitary sewer. So, where is that 2900 gallons per day going? I think that's what they want to know. You're producing it. You're admitting it. You have it on your application. So, where is it going if it's not going in the sanitary sewer? So, so on on our application we state clearly will not be going to the sanitary service system.

So, so it's evaporation Okay. Let's hold one second. Yeah, let's uh we'll talk about that in the next in the water availability. I got more questions on that.

My name is Brett Hughes. I've worked with closed loop systems quite a few years too, just across the interstate. maintaining those the whole system had to be drained down and clean because of the line. Madam Chair, can I object to the fact that we don't have a question? Absolutely. What is your question, sir? When they clean that down, they pump that out into trucks. Where does it go? Madam Chair, I'm going to object. That's not within the scope of the question. This what we're talking about is sewer capacity. Yes, sir. That's outside that scope. Okay.

Hi, Kristen Bailey Wilson. I have a question. Um, okay. I have the frosty brown turd letter. Sorry. Sorry, Gregory. Frost brown Todd. I'm nervous. I'm habit. Um, and I it came with that concept plan and I want to ask about sewer capacity and I am not an attorney. Is there anything in your letter threatening to sue the planning and zoning commission that is about sewer capacity? Madam Chair, I'm going to object to the characterization uh, which is wholly inaccurate.

I apologize. I totally apologize. Just have it, dude. Just have it, Greg. Yeah. Um, there is nothing in the letter that touches on sewer capacity. That's all I wanted to know.

Is that all? Okay, let's move on. Um, application for water availability. We already discussed that water and sewer availability. Water. Okay. Next [snorts] page. Yeah.

Thank you. [snorts] Are y'all leading with anything or do y'all want are y'all ready for questions on the water availability? Simpson County Water District has said that they do have water.

Yes, that's correct. I'll just make the comment that we asked for uh capacity letters from the Simpson County Water District and were granted these uh and from what we understand [clears throat] from the planning director, this addresses that element of the preliminary plan development application. [clears throat] Gentlemen, do you have any questions in regards to the water availability?

Yes, I do. Uh, all right. So, reading [clears throat] here, you got 225 employees, uh, 5600 gallons, 5200 or per day. Uh, it also says industrial processed water, 4,800 gallons per day. Is that replacing the 2900 gallons that's evaporating or

I apologize. It's a little bit hard to hear down here. I don't I'm not sure I caught the question.

Okay. So, on the uh industrial process water, it says 4,800 gallons per day, right? So, you said you were evaporating 2900 gallons per day. So, where's the four? What's the extra? Uh, shoot. 13 or Yeah, 1,800 gallon. It's a little more than that, but 2,000 gallons. I think that's just a mistype. Uh it it's uh it's conservative. So it's it's probably asking for more water than we'll actually use.

Good. [clears throat]

This is I'll just reiterate again. These are the maximum gallon per days that we may need for the project. And so some of that calculates if there is evaporation and things like that. So the numbers are different because these are talking about maximums. And so I I think that's why they're different. Could we get some clarity? There are actually two sewer water and sewer availability uh applications here. Correct. One for one structure and another for the second structure. Is that correct?

That's correct. All right. And so the combined total isn't listed anywhere. Is that correct? So we should be adding these two together to come up with the combined total for the facility. Or will they have separates? That's correct. What which part is correct? Are they two different facilities? Yes. That you add it together and you get the total for the the development plan that has been um submitted.

So it's a,000 gallons per day is what you've asked for for one facility and 4,800 gallons per day for the second. So, can you do the math for me there? 548 or 5,800 total for both facilities, both applications. For the water, we've got 4,100 for one facility and 11,550 for another facility. Uh, I think bad lawyer math here, but that looks like 15,650, sir.

156. Thank you. It is 15,600 169 15 650. [clears throat]

Yeah. Is that daily? You said right. Is that daily? Yes, that's correct. Thank you. We got a few more questions. [clears throat] It's two different buildings.

When you all talk to yourself, you have to get on the same page. So what we were discussing was not a point made clear from Carter here was these the two applications before us are for sewer only and they are for two facilities. So the total should be added together. Uh I wasn't even looking at the water section yet. I I didn't get full clarification on the sewer capacity. So I understand that now. Sorry we had to back up just a second there for the sewer discussion. This is about the uh Simpson County Water District and uh the demands that you will have on it. Is that correct?

4,100 gallons per day and 11550 per day for a supply of fresh water. That's correct. Okay. Thanks for the clarity. 4,1001550. So 15650.

That's correct. And those were the maximum um potential water demands that we would need, which is why we asked for those assurance letters from the Simpson County Water District. Uh is because we don't anticipate needing any more than that. That would be the maximum. Uh if I may, just a sort of a reference point, your standard Walmart uses 25,000 gallons per day. So this is less, you know, it's about half of that. Thank you. More questions on water, gentlemen? Okay, we'll open it up to the public if you have some questions on water.

Good evening. My name is Sam Phillips. I just a couple of things I I guess I should have asked before and I'm sorry. Just points of order. I don't think I ever heard the name of the gentleman that's been answering the qu I heard Felix, but what what is your name, sir? Felix. Last name. Foule. Okay, thank you. I didn't know your name. And I apologize. No, it's fine. I just I didn't think you'd been introduced. Probably my bad introduction.

And just point as a point of order, I know this has been divided subdivided. Are you all eventually going to vote on each subsection separately or all together? All together. [clears throat] All together. Okay. Thank you. I want uh if I can because of Mr. Mayor's question about the two sewer applications. I would like to back up to that just for one second to get clarification because you said there was 2900 gallons. But is that the two added together or the two added together were greater than 2900 gallons? Madam, I'll object to the extent that we have already moved on from that.

But but but he brought up a point that was not made during the initial. We we were talking about 2900 gallons. He's made a point that there are two applications with two totals. My objection stands, Madam Chair. I I think it's a fair question. And we would like to know what the expected or the requested sewer usage is total because we're already given to believe the 2900 gallons that you requested to go into the sewer system. Yes. Where's the question? You want to know the total sewer capacity? Is that correct? Well, according according to the application that the Mr. Barnes, please let the chair speak. I'm sorry, Madam Chair. What were you saying? You're going to answer Mr. Barnes question,

which in his question is that he wants to know the total daily sewer every day. Yeah. daily sewer. Can I can I restate my question for ver for clarity purposes? We were told where it was brought up by one of the commission members that there were actually two sewer capacity. Madam chair, I'm going object to the extent that this isn't a question. It is a question. I want to know the total of the two and we are trying to answer that. The total is 10,525.

So now are we led to believe that 10,000 gallons are supposed to just evaporate and not go into the sewer system? No. That that is what we've applied for to go into the sewer system. Um minus minus the 2900. It's it's the total. Yeah, it should be a thousand and take take 10,525 subtract 2900. Can I ask this question? 525 subtract 2900 and that would be the number that's going into that. Please say that. I I'm sorry.

Take 10,525 gallons, subtract 2,900 gallons, and the result is what we would be proposing to put into the sanitary sewer system. And and will any of that because we didn't discuss that during the sewer availability and what you're doing with sewer. Will any of that near 8,000 gallons have these chemicals in it? Objection. Ma'am, are we going back to sewer? I feel like we're a little bit out of order here. Yes, sir. We are Yeah. Are those are those numbers the same that's on your papers? I'm just curious to know that.

All right. So, I think where where we got off track is because me and Mr. Mayor, we're off track on these two sewer deals. So, the way I'm reading it's 6,625 gallons going into the sewer system. Is that correct? Well, it'd be nearly eight be just shy of 8,000 by his numbers. It's not. I'm just doing the math on what they got on 7625. 6625 and a,000. Yeah, I see. Okay, I'll let them clarify. Go ahead. Total requested 1,000. Total requested 5625. Can we agree on that? I'm sorry. It's very hard to hear you down here. I apologize. I Is it turned up? Because it's about as close as I can get it.

So, on application one, does it say 1,000 gallons per day requested for sewer capacity? Hang on, I got to go back. Third line down. Yes, the first one it is 1,00 gallons per day total capacity requested. And on your second request, does it state 5,625 gallons per day? That's correct. So that total would be

I believe that's 6,625 which is the indicated capacity that the sewer system would have available on a daily basis. Okay. Is that clear? It kind of clear. None none of the numbers match. We went from 10,000 we went from 2900 to 10,000 object. And I I will say one thing too. Everybody else has introduced themselves in case y'all didn't know Mason Barnes. I just wanted y'all to know who was talking. So, for the record, on application one, they said they needed a thousand gallons for 40 employees, right? Okay. Then they list 2,900 gallons per day that will not be going into the sanitary sewer. I'm assuming that's their evaporation. Okay.

So, their total request is 1,000 gallons today. 1,000 gallons per day on application one. On application two, they request 5625 gallons per day with 4,800 not going to the sewer for a total of 5625. So the 6625 is the number. The 29 plus the 48 is evaporating or going someplace else other than the Senate nearly 8,000 gallons. You are correct and thank you for clarifying. I don't know that that was clear before. One at a time. Okay. Thank you, Mr. mayor for Thank you for your getting down in there. Okay. Hello. How are you, sir? Doing fine. Good.

Seth Williams, MBA. Uh question regarding the 7,000 odd gallons they're going to be evaporating every day. How much of that in parts per million is chlorine dioxide? Ma'am, I'm going toject on two facts here. Number one, I thought we had moved on to the water. I'm sorry. We're on This is on the water use. Okay. So this is not what's going into the uh this is not what's going into the sewer sewer supply. This is what is evaporating specifically.

Yeah, that's outside the scope. What we're here to talk about at this section is the water usage and the capacity that has been requested. So in other words, we are past what is going into the sewer system and we are not discussing what is evaporating at all.

So for the preliminary development plan, you need to have verifiable proof that the sewer has sufficient capacity and that the water district has sufficient capacity. If you have concerns about what happens with it or what it does, you are too early in the process. That is the final uh development plan and there are environmental permits that come into place, but you're just we're at the very first part of the development plan and your questions are middle to the end of the development plan. Understood. Thank you for Thank you. Thank you, sir.

Hello. My name is Floyd Cummies. I live at 1113 Carter Road, Franklin, Kentucky. I've lived here all my life. First question I have, I understand that there's two different size data centers. Is this correct? A large one and a center one or whatever you want to call that. First question I have, Mr. Cummings, with due respect, we're talking right now about the water portion.

Okay, I'm getting to that. Uh, where we're going to is the water. Okay, if you want to just talk about the water. Um, according to what I've have learned, uh, it uses a 100,000 gallons a month and that's that would be three over $3,000 or 3,000 gallon a day. Okay. I understand it's a closed system. So my question is uh like it was brought up before at some point this has to be discharged and changed out because even your car ma'am I'm going to object I'm not sure what the question is.

The question is uh where's the water going to go like we was talking about that after this closed system is closed. Uh, first question I guess I should ask is how many gallons of waters does this system hold. Ma'am, I'm going to object to the extent that that's outside the scope. We're here to talk about the sewer capacity and the water capacity. Excuse me, sir. Let me finish please. If there are any specific questions about the infrastructure itself, that is for the final development plan and that isn't before the commission today.

Okay. Uh the next question I understand is according to my information uh April through September or May through September uh the data centers uses a whole lot more water because it takes a lot more to cool it. So in that speaking of that uh they said that those months it could use object again. Can we have a question please? The question is how much water during those months is it going to use according to the information I have that it uses at least twice as much water during those months of summer.

I'm going to say that that's outside the scope. What I will reiterate is that we have requested and been granted the capacity for 4100 and 11,550 gallons per day. So if you need more than that, you're not getting it right. [laughter] Yeah, I'm going to object, sir, to the extent that's not that's outside the scope. What we have is the evidence from the Simpson County Water District, which we feel like is sufficient for the development plan at this point.

So, the really question is uh besides the sewer, we've passed that when we're talking about the water is uh Drakes Creek serves all the city. Now, if the situation comes up to city council here, it comes up that it gets low, what are y'all going to do, [laughter] sir? The water will come from Old Hickory Lake. Simpson County,

Simpson County Water District comes from Old Hickory Lake. Mr. Crocker has said it doesn't always. We have a water filtering plant here. So, do we not use that? [sighs] Ma'am, I'm going to object again that this is outside the scope of the water capacity. We asked the Simpson County Water District whether or not they had sufficient capacity for what we requested, and they responded in the affirmative. So, uh, Mr. Barnes, do we have a water system that Ma'am, I'm going to object again. I'm sorry, sir. You can Sorry. Can we keep the questions going? You got to keep your question to the pet to the petitioner. You can't ask Mr. Barry trying to move us along. We got some other

other topics. My question to y'all, do we have a water filtering plant here in Franklin to y'all? Are you talking or city water? City water. Yeah. They're filed for the the county water. This is they're on county water. Okay. So, that would be something you could discuss with the county water. Okay. So, I'm sorry, sir. We we

uh sorry to to interrupt about that then. You're not interrupting. If it's coming from the lake, I understand. Um so um the question is most likely there will probably not be a water problem but uh the the actual uh getting discharge of it uh will be a problem if uh if it's put in a truck and moved say a few miles away. I'm not sure what the question is here. If this goes forward, we hope there is no water problem, sir. And thank you for caring so much. I know you've been a part of this community for so many years.

Thank you. We thank you for your goodness. My name is Jasmine Cows. Uh or Jasmine Butt, I'm sorry. Um if the water quality is degraded or the groundwater or the surface water or the municipal supply, um who is going to be legally held responsible for that? Ma'am, I object that we're way outside the scope of what we're here about. It's not though. We're talking about water availability. You said that it had to simply be around water or sewer. Correct. This is about water. The first category was sewer. Okay. And that was discussed. Okay. What's the second one? Closed. Now we're talking about water capacity. Okay.

What is available water to the plant? Okay. Well, how about this? If water demands exceeds projections of what y'all are saying, um what legally binds y'all's restrictions to prevent um increased use?

I didn't understand your question. I couldn't hear you. If at any point in time they needed more water, what is limiting them? Yeah. Again, ma'am, I apologize, but that is outside the scope of what we're here for. and I am trying to keep it moving, but we're here to talk about whether or not we have sufficient capacity and our application says that we do.

Something everybody needs to keep in mind. This is a preliminary development plan to show the general layout, general issues. We may go through several of these before they get to a permanent plan. Okay, this is preliminary. there's a checklist of what you have to do for a preliminary. So, they don't want to they can't at this point in time have the kind of numbers together you're wanting. We these will develop as time goes on, but as the name implies, it is a preliminary development plan. That's it. We may have 10 of these. Who knows? Okay.

And if you would listen to instructions, you wouldn't be talking out loud and making comments. Don't be mean to her. Gregory, I won't this I won't this year this time. I'm asking again about water availability this time. Sewer availability. You said you're there's nothing in your threat of lawsuit that you wrote. You're threatening these people with lawsuit. You provided it writ large to the public. Chairman, I'm going to object again. This is Oh, but I want to ask is I'm not a lawyer. I'm not a lawyer and you have the expertise. Is there anything in this letter about water availability? Ma'am, I'm going to object to the whole question. Is there anything in this letter about water availability? The topic is water availability.

Ma'am, instead of doing this every round, I'm just going to give it a blanket answer. You should have to answer the question. I think the letter speaks for itself. It does not. I'm not an attorney and I will depend on you, Gregory, to interpret this letter for me. Is there anything in the letter that has to do with water availability? Gregory, the letter speaks for itself. Ma'am, I'm not an attorney, Gregory. I need your expert attorney. Ma'am, I am not your attorney. You provided the letter to the entire public writ large seeming interrogation. Madam Chair, okay, I've answered the question. I'd object any further.

My name is Kelly Bush. Does do the water calculations include uh any fire suppression?

I think do the do the calculations do they take into account any water needed for fire suppression? It it it's preliminary.

So we haven't done fire suppression calculations. So, can you just for the record clearly articulate how many gallons of water you're going to need per day and does that include all three data centers and the power generation facility? Just so we have it on the record, a clear articulation because we've got varying numbers. So what is your interpretation to say this is the maximum amount of water that we are anticipating per day and does it cover all three data centers and the power generation apparatus

5,650. Does that include all three data centers? Yes. And that's the maximum uh potential water need per day. How? And can you repeat the number one more time? 5,000. What? 650. 5,650. So now wait, I got the math wrong. I'm sorry. I left off a one. It's uh No, I got my math. Yeah, it's 15,650. Thankologly 25,000 gallons per day.

Thank god you're a lawyer, not a math teacher. I totally agree.

These hard to ask questions. When you talk to the Simpson County uh water, is that the same number that you supplied to in your application? The amount that you requested from them, is that the same amount or the same number that you put in the application?

I'm not sure I totally understand the question. My question is, do the numbers match? Do the qu the number of gallons you're going to request from the water district, is that what you have in your application? Is that the same number gallons per day? It's it's the same thing. It's all it's it's the same thing. No, you said you had a letter saying that they guaranteed so much water. That's correct. And those letters are Is that the same number?

Yes, that's what the application requires is the actual letters from Simpson County Water District. So that's the letters, the specific letters that we got from Simpson County Water District is what we provided in the application. That's the requirement for the application is to have these letters from the Simpson County Water District. And the second question is, do you have other facilities throughout the United States anywhere that uses water similar to this? Madam Chair, I'm sorry, but I'm going to object to this being outside the scope. My point is, does that stand in line with the application you uh applied? Is it within reason square foot per square foot? Does that paid up?

And madam, I'm going to object to the extent that I don't want to open up and start talking about the rest of the United States. I just want to keep it to our specific application. That's what I'm asking. Mr. Hearn and I have checked these two uh documents and the numbers do agree with what he just stated. Okay, this is going to be the last question in the water. Perfect. Real quick, um you have two different applications for water capacity. Did you submit them at the same time? Because I would like to know if Simpson County knows that this is going to be a totality as opposed to one here and one both letters. Their responses were received on the same date and they were addressed to the same person. So, can you name that person?

Uh, yes. It's Adam D. Simone. Perfect. And so, they do know that it is the water capacity as a totality, 15,000 gallons. I can't speak for the Simpson County Water District. I'll just tell you that they were sent to the same person on the same date. Okay. And the same sender. Yes, that's correct. And from the same person. Okay.

Okay. Moving on. Right. Um application for pre-treatment discharge permit. Oh yes, sorry madam. I forgot that you were waiting on me. Yes. I'll just reiterate that this was a requirement for the preliminary development plan checklist. We have submitted it. I think the key item here is that from the Franklin planning and zoning uh I'm sorry, from the city of Franklin and from uh Trent Coffee, the public works director, he says, "At this time, the city of Franklin's pre-treatment program does not deem that the above project needs to be a permitted industry." Uh that suffices for the development plan application requirements. Uh per the planning director, I have nothing further on that matter. Any questions,

gentlemen? Do you have any questions?

I don't have any questions on this. Thank you, Derek. Mr. Mayor,

you understand what the difference between this and the other? I guess I'm a little unclear on why these two letters for the two different sites are in here if we've already discussed the sewage um and the water previously. Is this because of you're unsure of the contents that are going to be discharged, but based on what we know now, there is no need for pre-treatment or whatever. What What's the purpose of this one? Yes, that's right. The item number three on the checklist is a pre-treatment discharge permit. This is to demonstrate that we don't need one.

Okay. So, what's been determined is is you won't be discharging anything into the city's sewer that would require you to pre-treat it before you put it in the sewer. Is that correct? That's correct. Thank you for the clarification. Thank you. Any questions? Okay. Open to the public. Do you have any questions in regards to this?

She starts. Gregory, we can take care of all the next three at once if you want to. I know it's out of order of the agenda, but you know what I'm going to ask? Got to establish. Let me try it another way. I didn't find the words pre-treatment discharge permit in the letter threatening a lawsuit that you sent this body. Yet, it was included in the comments. I'm just going to reiterate that this is why you appropriate and really she should be found out of order. I think I've answered her questions as patiently as I can. She continues to misconrue the the correspondence and I think that's totally inappropriate to allow her to continue. Why is the letter in the concept plan? Please just ask your questions. Thank you.

Huh? Please just ask your questions. Okay, I did ask the question. The topic. I said the pre-treatment discharge permit those that topic is not included in the letter. So why did we get the letter? None of the topics are included in the letter, but we can go one at a time if you want to. Why was the public given by the attorney the letter? Why did the attorney Gregory give the public this letter threatening to law to sue you all if it's not in the agenda? That's my question.

Ma'am, I'm going to continue to object to her mischaracterization of the letter. First of all, there's no threat in there. And second of all, it's a correspondence to the board about an item that we uh wanted to make sure that we were clarifying with the board. I accept all your question. I'll accept all that. And so why is it included on this agenda? I'm sorry, ma'am. There's no threat in the letter. No, none of this is in the letter. Why did he give it to us? So, I'll accept your characterization of your letter, but but I just want to know why you gave it to us if there's no pre-treatment discharge permit information in it. Yeah, ma'am. I'm going to object to the extent that that's outside the scope. She is.

But why did you give us the letter? The letter does not deal with pre-treatment. I will agree with that. Okay. Pre-treatment on here.

Again, my name is Jasmine But um who is held liable if the discharge interferes with the wastewater treatment or violates the plant's permits. Again, I'm sorry, ma'am, but that's outside the scope and I have to object. You said there's no discharge. It's not within that. It it is. This is about whether or not the project needs a pre-treatment permit. And the answer is no. Okay. Well, if water waste volumes or the consumption changes, does the permit require modifications and public notice? Ma'am, again, that is outside the scope of the issue. It is

at any point in time do you have to redo what you just done? At any point, if at any point in time something was decided that you are putting chemicals into this, do you have to pull that permit for waste? Ma'am, I will try and answer it, but first I will object to the fact that it is outside the scope. What I will tell you is is that this is the preliminary development plan. So there are a number of requirements for the final development plan and even as I sit here right now, my eyes are glazing over and I couldn't tell you everything that's in there. So I apologize, but your question is outside the scope for tonight. So I can't answer that. But there are I'm sure other people in the audience that could if you ask at a later time.

Okay. Thank you. Okay, moving on. Are we ready with that category? Yes. Is that good? Okay. Uh, natural gas electrical power availability.

Yes. Thank you, madam. In the application, there are two letters from Warren ReCC um addressed to the project uh from the same person received on the same date that indicates the first one indicates there's a load up to 100 kilowatts that can be accommodated and the second one indicates that there are three loads up to 225 kilowatts which can be accommodated. uh this addresses that aspect of the pre-development plan and was deemed to be sufficient by the planning director. I have nothing further on that. [cough] So this is One of the issues I have with this the gas uh power generation facility uh how are you basing that? Are you saying that you're manufacturing energy? Is that what I took from this?

I think the question was are we manufacturing energy? Is that correct?

Yes. I mean how how are you fitting this under the I2 zone? Because if you're saying you're manufacturing energy, would that not fit under conditional uses? Uh no under the the way that this has been um um apology but you took me a little bit outside of the context. So the way that we have put together is that the data center is the primary use and the energy generation uh facility will be an ancillary use which is under this SIC codes the relevant ones that is the way that they are classified and under the planning and zoning regulations of this community that is also the way that they are classified.

So I guess my question is are you classifying the energy plant as manufacturing energy or or not? We are classifying it as an ancillary use to the data center. [snorts] Not

I've got a question about that. Then in our current codes and rags section 9.8 solar farms for 10 acres over 10 acres you have to have a conditional use permit. um and that is in a an I2 and a I1 zone. It's also that can be used as auxiliary power and power generation. So I have a problem with saying this is auxiliary therefore it fits when we already have precedent in our code that says it doesn't.

Uh with all due respect to the commissioner this is not a solar facility. Um and so there is a differentiation is based uh based on just the simple text of the code. Do they create energy? There is an energy generating component to this which is the ancillary use to the data center

and I'm no lawyer but in my common tone energy production is energy production and I have a question about that along our code and regulations of if we've already got that in there what are we looking at now and pushing this forward and does that now create an issue with what's already in the code Respectfully, if I'm if I may, I think that it doesn't because there's clear differentiations between a solar facility and what we're looking at today. Additionally, I would just point out that the key item for the preliminary development plan is whether or not we're NRECC has sufficient capacity to serve the load, which they have indicated that they do.

Is their load big enough for all your use? Uh, I'm not sure I understand the question. What do you mean by that? Is the energy that warn recies?

That question I don't believe, Felix. Correct me if I'm wrong, but that question was not posed to Warren RCC. Thank you. So what you're asking for is two services uh one at 100 kW and one at 225 to get started then be until you can start generating your own power for your own consumption. Well, let me just clarify that the second letter is three loads up to 225 kW, not just one. Uh

well, it's under one application, right? So the energy is used for house power essentially uh street lights uh exterior lights um emergency power those sorts of things. So that answer your question. Uh yeah, I guess so. This is for like infrastructure is what you're saying, not not specifically powering the data centers, right? Because you plan to selfgenerate. If

I understand your question, that is correct. All right. And you plan to selfgenerate with gas turbines to power the compute and storage load. Correct. Also correct. Okay. And do you have any intent of generating power for sale wholesale? No. Okay. And if this is a question for the commission or whatever because the way I understand it, if you generate power for your own consumption, it's allowed, but then if you start offering it for sale, uh, then the regs change at that point, right? That's correct. As I understand.

Okay. Is there anything we're approving here that would circumvent that second process? Like if he's already got TV, I mean, uh, Warren lines coming into the facility, what's what's to stop you at any point from just power generating for them, uh, for wholesale use? Uh, that's a little bit outside the scope of what we're prepared to answer, but I will do my best.

We'd appreciate [clears throat] it. Thank you. um you need very different infrastructure to put this kind of energy onto the Warren RECCC grid. You would need a variety of federal and state approvals in order to do that. Um besides just the logistical impossibility of all of a sudden putting this energy on the grid. Does that make sense? It does.

All right. I've got a question for you. Uh I'm going to read a part of the letter that you sent to us on the 25th of November. It says on page three at the bottom [snorts] it says uh discussed whether the generation facility would qualify as a manufacturing under section 8.16.2. uh responding that energy generation would qualify and thus be permitted. So you're saying in the letter that you're qualifying as manufacturing, correct? Per my question earlier.

I missed the last part of what you said, the actual question. So I asked earlier if you qualified it as manufacturing energy and in your the way I'm reading your letter unless you can clarify it for me it says you're manufacturing energy which under 8.16.3 uh all manufacturing miscellaneous industrial any any kind of manufacturing falls under conditional uses. If you can clarify that for me appreciate it.

Yes. If it was a standalone energy generation facility then it would qualify under manufacturing. Um but because we are not doing a standalone manufacturing then it is not a manufacturing facility. It is ancillary to the data center. The energy generation doesn't exist and doesn't operate without the data center. Do you all have further questions? Do you want me to turn it over to the public? Okay. Does anyone in the public have questions in regards to the national gas and electrical power availability?

All right. I I just want to clarify a few things from for understanding purposes. You say that the energy production the gas turbines are only for ancillary use. You're not using them for your main power source. Correct. Uh, that is incorrect. The You said ancillary a while ago. You said they were only ancillary. I'm trying to answer your question, Mr. Barnes. Please let me speak. Okay.

Yes. In the zoning context, the gas generation facility is an ancillary use to the data center, but the gas turbines will be used to power the uh the data center, which is why it's an ancillary use under, you know, general planning and zoning rules as well as the specific regulations here for the city. Well, by the by the English definition of ancillary, it just means to help it. Madam Chair, again, I did not hear a question, so I'm going to object. And it and most data centers of the size you're talking about are going to take a minimum of about 100 megawatt 600 megawatt. I'm just wondering where all of this power is coming from.

That that's my question. Where are we generating 100 to 500 to 700 megawatts of power? Where is that power coming from? That is going to 25 of electric. Please let me we are going to construct it. That's that's part of the development plan is we are going to construct the generation facility in order to power the data center

and commissions. I I would agree with y'all's assessment that under the current regulations and county ordinance, it would absolutely require conditional use permit. There's been a couple mentions of the planning and zoning regulations. So, I just need a procedural clarification. Which one are we using?

So, it's been made mention a couple times that we're using the planning and zoning regulations. For a point of clarification, which regulations are we using? Which version of the planning and zoning rigs are we using tonight? our the version we've been using for a since we've been together. I mean, it's the same one. What's the amended date on the front? The date.

Yeah, I don't have the cover sheet. I just have an excited two separate units. It's they issued them when we all split. They what? They were these were printed for us to consider for adoption. That's when they printed it. I'm looking at the what the we printed off today and it shows adopted 6325. So, does that include anything that we voted on at the commission?

And why is that relevant to anything we're doing here? Well, because we need to know which zoning regulations we're using because when we go to the zoning website, the one that's on the zoning website is amended five the fifth month of last year and then so you're saying that one is amend that was amended the sixth month of last year. So we're not using current I'm going to object doesn't have to do with tonight but procedurally we have to understand what the zoning regulations. So, for the record, we're using For the record, we're using the zoning regulations. Believe in a minute. If you don't stop, listen to us. I don't care. So, so we're using the ones the very same rules and regulations

that we had when we were a joint county and city board, right? And we're still going through. So, I don't understand what your question is. So the question is specifically we're using the version that you have in front of you right now that is amended the sixth month of 2025 is what you're saying. I don't answer your questions. I'm telling you how it works. Y'all can't ask the board questions. So and I represent the board. So this is a procedural clarification. The public has the right to know which planning and zoning regulations you're using. That's correct. We're using the cities. [snorts] I understand that. And you're on the city council and you know that,

right? And I we just updated it and that has to go into effect at a certain period of time. I understand that. But what I'm saying is the version that you guys are using, look at it clearly because if you go to the website, we have a different version. So what I'm trying to get a clarification on is actually website when you go to it does not have the entire the entire planning and zoning regulations. Yeah, it does. So does that I had the secretary to print them off for me today. So the excerpts that I'm talking about on here the 8.1612 have not changed. Do what? So I'm talking specifically about the 8.16, you know, the I2 zone,

right? Yeah. They haven't changed that I know of. They have changed. Have not changed because there's a lot of there's a lot of of clarification that has been happening in the planning and zoning regulations that we've been doing. So I want to be clear as to everybody to what version everyone is using. Was it not in different uh it wasn't in the I2 zone though wasn't any changes that we've made recently are not been in the I2 zone. Correct. No. So it doesn't even apply to what we're even talking about. So, can we get to what what you're wanting? Yes. I want to know exactly what the mento date on on your packets on your your regulations are.

Well, I didn't bring it packet with me. I only brought the excerpt on what I'm working on because for clarification, Mr. Link is saying that you're using the one that's dated 625. That's what the secretary printed out and that was before that we were a planning unit. Again, my name is Jasmine But um can you commit legally and on record that no resident of Franklin will experience high utility cost or service interruption so that the data center can really like um operate? I'm sorry I didn't hear that. No, the mic was sort of in and out. Put your mic do something

there. Be careful and talk slowly. Okay. Can you commit legally and on record that no resident of Franklin will experience higher utility costs just so that you all can operate? Ma madam chair I have to object. I first of all that's outside the scope. Second of all we don't control Warren or ECC. Okay. What's the maximum electricity load that this facility will require at full build? And what's the percentage of Franklin's availability with that power capacity after it's been represented today?

I cannot answer your second question because that's outside the scope and I just don't know. But in terms of the capacity, we have sought uh capacity for 100 kilowatts for one facility and three loads of 225 kilowatts for the data centers. Okay. And what was that for the percentage of Franklin's available power today? And how is that affecting and how much would that be compared to your facility? Yeah, ma'am. I understand the question, but it's outside the scope and I just don't know that answer.

I do understand that her questions were outside the scope, but down the pike, if we move down the pike, is there a way for us to ensure that the public's bills do not increase? So let me just say outside the scope negotiate with Warren RCC or something so that the public's we do want to protect our public. Yeah, that's that I completely understand and we will try and do some more research on it before we come back but this is so preliminary I don't even know what the load for the city of Franklin is. It's just we'll try and look into it more before we come back before you ma'am.

Yes sir. Thank you. I have one question concerning the power grid that you were talking about from Warren Recc. Will you be preurchasing electricity from the power grid like they did in Ohio? They purchased a year in advance. Will you also be doing that? Uh I'm going to object to it outside the scope, but I'm also going to answer you, sir. Um Ohio has a completely different energy structure than we do in terms of how energy is bought and sold. That's not even an option in Kentucky to do that. So you won't you so you're saying you do not pre preurchase electricity?

I am saying it's outside the scope, but I will just tell you it's outside the scope. But we there are specific tariffs that Warren RCC has. To my knowledge, there's not one for pre- purchasing power because Ohio's energy market works completely different than Kentucky. that Ohio River, it's a huge barrier when you talk about energy markets. They couldn't be more opposite. The data centers have done it in several areas where they are and it is caused the the power grids to have to upgrade to supply you which has been passed on to the consumer.

Hi Brandy Bell again. Um quick question just to clarify because you spoke a little quickly there. Did I hear you say one for 100,000 and then three for 220,000 a piece? No ma'am. So there is a load of 100 kilowatts and three loads of 225 kilowatts. Okay. So 760 kilowatts is that monthly daily [laughter] hourly I'm trying to figure out the usage here. That is in the scope.

Yeah ma'am. The best thing that I can tell you is that we needed to ask them for the capacity for these energy loads. These were the letters that we got indicating [clears throat] that they have sufficient um sufficient capacity to serve the loads requested. Anything Let me finish. Anything else that you're asking is outside the scope of what I have in this letter and so I I just can't answer that because it's not a part of the evidence that we have. It's not that far yet. Okay, I understand that. So when you submitted this to ask for the capacity, what capacity were you asking for? Was it for a monthly kilowatt or a weekly or a daily?

Typically they're asked they're based on peak loads. So the maximum that the utility would see coming down the line from the facility at any point in time. So say there's a surge, the highest you're looking at is 760. Is that right? Correct. you're talking about in the summer. So, at any point in time, if there's a surge, the max you're asking for is 760. That's correct. Thank you very much, ma'am. One more question for you all that I forgot to ask earlier. Has Warren ReC performed a formal system impact study showing that the data center will not cause outages, reduced voltage pressure, or grid instability?

Yeah, ma'am. I'm going to object that it's outside the scope, but I'm also just going to say you'd have to ask Warren ReCC. Isn't this something that you should know if you're going to be building with these people? Again, ma'am, I'm sorry, but that's outside the scope of what we're here to discuss. This is a preliminary development plan and we are addressing those elements. Hello. Hi. How are you? First of all, standing here, there's an echo. Oh, yeah. And it's very difficult for the speaker to uh talk right. My name is Ray Malonowski. Hi Ray.

Um I have confusion from both sides here when we talk about this data center project. I in the future I'd like to know is it one building, two buildings, three buildings, what starts and you know what are we talking about specifically at each moment because it's confu confusing and I'd like my question is how many gas turbines are needed for the first building how many gas turbines extra are we needed for the second building and then the same question for the third.

Yeah, sir. I'm gonna I'm sorry, but I'm gonna object to that being outside the scope. What we're here to talk about is whether or not Warren Recc.

I'm asking about gas turbines. That's the title of this this section. I I understand, sir, but this is a preliminary development plan. Any sort of specifics like that would have to be answered at a later time. Well, the reason I bring this up is in Memphis when Elon Musk built his, every time they added another building, they added 15 more turbons. They got a permit for 15. And now, Madam Chair, I'm going to object to this being totally irrelevant.

Okay. Few more questions, then we're going to move on. Hello, my name is Kacina Lopez. What was your name? Kacina Lopez. Hi, Cacina. This may be out of the scope. Hopefully not. Um, but I escaped from California four years ago because of industrialization. And I love this community being so small and rural and I want to keep it that way. I have a question. What kind of volume or noise pollution can we expect from these electrical natural gas things? Or is this out of your scope?

Yeah, apologies ma'am, but that's outside the scope. We're just here to talk about energy capacity. That would be down the road. Noise is certainly one that is important. Yes, Mr. Bright. Uh my name is Riley Bry. I own Bright Antique World and uh Brighton Park out next exact right beside this facility. So we're going to have a chance this I know this is out of the realm of Are we going to have a chance to talk about the noise? Yes, sir. And the smell down the not tonight. That's all I need to know. And we appreciate your kindness and goodness. Thank you. We received your letter.

Can I? Yes, you may, Marty, but [snorts] this your last one and then you No, I'm kidding. No, I can't. That's out of the scope of the room. You have not been out of order or you haven't been out of order or out of the scope. Um, you've been Well, just for clarification, you when we talk talked a minute or a few minutes ago, you said you were producing electricity, but you were calling it what were you calling it? You're going to produce electricity through turbines for this project. Correct. That's correct. But you were but instead of calling it manufacturing, you were going to call it something else.

Under planning and zoning regulations, the energy generated to support the data center is an ancillary use. So if you're producing electricity, you're not manufacturing electricity. Madam Chair, I feel like we've discussed this and it's outside the scope of the capacity. So I'm I knew it. I knew I'd get that out of you. You knew it. But I think it's kind of splitting the hairs. And you're exactly right. We This should be under conditional use. Okay. All right. Let's move on.

Property access Freeman Parkway. Yeah, I believe they have closed one or the how they closed their road up there. Interstate. Yep. Here's the new road. Okay, Madam Chair, in terms of the next element, the property access. Yes, sir.

Uh there is a road that is constructed to be built. All the approvals have been secured for that road that will access this property. Um again that is in the site plan that was provided to the uh commission. The director of the commission has deemed our application sufficient and complete with that information included. Uh and I have no further statements on that matter. And is this the uh same uh parkway that u Kroger distribution facility is building? Yes, that's correct, sir. Okay.

Am I correct in asking that one of the roads out there is being closed, Carter, or closed off? One of the access is a road out there being closed off. Am I wrong on that? Okay. Okay. Not at this time.

Okay.

Okay. This is the same road that's going to service the Kroger distribution center and then eventually will probably extend. So I don't know what you want to talk about the road. Uh just that the road has already been approved to be constructed. It will run effectively north to south if you're looking at the map with this sort of alignment. um which will mean there will be an entirely new road to to manage the traffic uh and construction for these both the Kroger as well as the facility that's proposed here today. Okay.

And I'm sure there will be a traffic study done to to determine whether there will be a red light put on 31W, right, if this ever happens. [snorts] Yeah. To the extent that there is a traffic study that would be done at some point later to determine the impact of construction and traffic from the construction red light is needed etc. Yes, I I think there was a a a preliminary traffic study that was done. I mean that's outside the scope of the application that we have here today. U but certainly that is one of the aspects that the the project intends to study as it moves forward.

[snorts]

traffic will Yep. The primary traffic will not be passing by the antique mall. Is that correct? Yes, that's correct.

Now, looking at this site plan, this road, is there any access into this cemetery burial ground for upkeep there? I'm not really seeing access. I've got a black and white copy. So, me too. Because of the echo, I couldn't hear you. I asked if there was going to be road access to that family cemetery that is in the middle of this property. I don't see anything. So,

there's always a right for the public to visit a cemetery of the family. You can't block them off. Correct. There will be access to the cemetery [snorts] two out there.

Two cemeteries. Any gentlemen, do you all have any questions? [snorts] No. The only thing I'm hung up on is the the power plant and my question on that and what your letter said saying it was manufacturing, but it's not manufacturing. So, that's my only it's my only hangup. I'm sorry, sir. We can't I didn't

I said my only hang up is my question earlier about the power generation and in your letter saying that it was going under 8.1 6.2 and manufacturing that's my only hang up. I mean your letter says that but it's not that. So I'm I'm confused on that and will continue to be I guess. U before we move forward does the public have any questions uh in the road in that area? Is that what you Okay. Who's who is responsible for certifying that the the traffic conditions were met according to our regulations?

They did a uh they did a traffic study with Kroger which is putting in the road. I'm assuming they're going to have to do a traffic study again if this ever comes to to do or to be for both the facilities, right? Yeah. And they did include the traffic for the um apartments that are going to be developed on that road too as well, right? Is that what he stated? Yes, they did discuss. Yeah. So, do you know about the development right off of 31W there that's going to be happening? No, because I'm the last one to know. So, you did help with this, Mr. Monday?

You did help with this that the getting this getting getting the application together. Right. So, I guess what I'm just trying to clarify is so is Mr. Money the acting planning and zoning administrator because we've never hired Mr. Monday as a planning and zoning administrator. Questions go to them. That's out of the scope. He's out of the scope. So, did you know that we've never hired Mr. Monday as planning and zoning administrator for the city of Franklin? Ma'am, I'm going to object to that being way outside the scope. Is out of the scope.

Cool. Hi there, Jasmine Bud again. Um, are there any utilities such as water, sewer, or electricity or fiber optic or anything that's going to be located underneath the parkway that y'all are going to be driving? Ma'am, I'm going to object to that being outside the scope. This is a preliminary development plan and those questions can't be answered yet. So, you can't say if there is going to be any type of city or sewer or anything that's going to be running along those lines where you're going to be building that road. This is a preliminary development plan. There was a question about a road and that's what we have provided.

I'm Brett Hughes. I got a question about power generation. [clears throat] You guys said that you're going to be running turbine. Um we have gone past power generation at this point. You that's what's closed the power plant to service the data center. Is there any consideration to do combustion engine rather than ma'am? Yes sir. I'm sorry sir. because you can't put a muffler on a turban. Yes, sir.

I'll agree with you that the uh the sound is a that's later. Yeah, it's a later deal though. If it is verified that Yes, sir. Good evening, Roger Swillowski. I don't want to get into any thing that I get kicked out for. I think to make this whole thing a lot simpler, you guys could just put all your plans in the newspaper once a week and say, "We're here now. We're on our way there. This is what we've got covered." I'm [snorts] not going to ask anybody. You know, that would be delightful if it were that simple.

Pardon? [laughter] Unfort Unfortunately, there are so many steps and people and notions and things that go in along the way. Sir, that would be wonderful if it if it were that simple. Okay. And has there been an environmental impact study proposed that again? That's out of the scope. But may I ask a question out of the scope? Certainly. Um, [laughter]

I understand that new federal regulations in August will be voted on, regulations by Tom Cotton that have been put before the United States Senate. If that passes, would this particular center fall under that? I apologize, ma'am, but I don't know what proposed is. But but they're a little bit um stricter regulations essentially from federal government that are coming through right now. I know you have to apply you have to concur with Kentucky state regulations in the EU. Is that accurate? Eastern Europe. So those are federal regulations we seem to be under now. Yes. So let me answer it this way, ma'am.

Yes. Um if there were regulations that applied to this facility either federal or state, we would either meet or exceed those requirements. Yes, the requirements that currently exist today. Uh the plan is again to meet or exceed all of those requirements. There are requirements for the data center. There is requirements for the construction. There is requirements for the turbines, the construction and operation. I just know I'm just noting that in August there are new rules and regulations that are going to be voted on by the United States Senate and um I was wondering if this moves forward if this particular project would fall under those. I know it's a question I know I'm out of order.

Yeah, apologies ma'am but none of us are familiar with those. Is this Yes. Riley Bride again. I want to ask about the road and just just I notice that channel 4 had a drawing where it sits in the property as far as the the project. Is there anything public that's going to show us where the road comes in because I own brights and all my traffic comes and then I heard somebody say the road's not going to be closed yet. What road are we talking about? Is there anything that shows us what you guys are talking about? The road and where it comes in. I can I'm sorry that was on the the Kroger's distribution center. They presented that at our uh is it public

last meeting or meeting before? But it's basically going to come out right about where Dle Legions is at where what is D Legion. The Legion. The Legion. Yeah. It's going to be roughly only past down the hill for the Legion. Roughly right there is where Kroger is building. Moving the trucks outside of your property. Yeah. Yeah. I was just curious because we that's the first we've heard of this. They've made a they made a deal with the uh the owner that's developing that property to cut the road through his property. Okay. So, it will hopefully help your property somewhat. Sure. Sure. And the next question, do you have a is this where the the drawing that channel 4 has? Is that where it's going to sit on the property? I can't I know this is outside the realm of I just couldn't hear your question.

Yeah, the the project the buildings that go on your property is the is that correct where channel 4 has the drawing. Is there a public drawing that we can see that shows exactly where your building sat on the property, your property? Yeah, apologies, sir. I don't know what channel 4 has, but our site plan that we have here today is a public document that's available to the public. Okay. And you als can also get them from the office. Sorry, I was outside the thing, but just Thank you. It's all right. I in relation to the road I want to say so everyone here will know it doesn't matter what happens with this data center this road's going in per the Kroger project. So the road is is

going to happen regardless. Uh and I'm going to finish tonight with thanking y'all for your attention to us and for uh weighing in and asking really good questions. And I want to say to the folks sitting out here that I will stay here as long as you want if you'd like to talk to me or have a question, please. All right. Um, Greg, let's get along and be quick. Do we both agree that your letter does not include the topic Freeman Parkway? Correct. Excellent. We can get along. [laughter]

Okay. Are you handing out cupcakes? Go get him. Okay. Are we all good with our questions, gentlemen? Mr. Link, do you have anything? I don't have any questions. Do you have anything you need to say? At this point, you're ready to take a motion, right? Uh, yes. Excuse me. Yes, ma'am. No, ma'am. You can ask questions. You can ask a question, Miss Summers. Okay. Earlier you said get by the microphone. Okay.

I can actually hear Can y'all hear her almost better without the mic? Everybody should be able to hear my mouth, [laughter] but Okay. Um, what I wanted to know was earlier you said that you couldn't buy electric ahead. Is that what you said? Yeah, ma'am. That is outside the scope and I am was trying to be helpful and feel like I made a mistake by stating that but you would have to ask Warren rec look at their tariffs. Yes ma'am. Okay. Well, can I say that you can buy electric ahead and Oh, that's good to know. Okay, you can. Okay. Okay. Thank you.

All right. Um, gentlemen, do you have any further questions? Okay. You don't have anything to say, Mr. Link. Do you have anything? We can see if we have a motion. Okay. Not at this point. Okay. Uh, I'm prepared to take a motion.

You know, being that the questions I asked about, you know, the the power generation, everything, the only motion I would make is to table it.

Please, please. Um, he said the only motion he could make at this time would be to table it, which would mean that they would need to come back with some answers to Mr. Keley's. Respectfully, ma'am, this is the Yeah, respectfully, ma'am. This is the third time. This is the third time that we've scheduled this meeting. Would y'all be quiet for a minute? You do this at the last meeting. Just stay calm. Mr. Bush, I asked him to to say what he said. That's fine. We do not have a second. Understand? We don't have a second yet. Thank you.

And I want to point out to the board that tableabling a motion just means that we have to have a whole another meeting and we either have to tell the crowd tonight when it's going to be or advertise it. Now, I will also point out to you that when you make a motion, you've got to support it and give the reasons. I believe that this board does not have any justifiable reason to deny this request. They have met the

They have met the first five stages of our check off. This is a preliminary meeting only. Preliminary Well, hold up. Hold up. Please, please, everyone, you mind if I speak?

All right. Thank you. So, like I said, the power generation's where my hangup is on it. And they're, you know, them saying in the letter that it's manufacturing, but them saying it's not manufacturing. That's my hang up on it. I told you I would make a motion to table it. Somebody can second it or they can't. It doesn't matter. It can die there and they can make a motion for something else. I'll second the motion to TABLE [cheering] [applause]

for the same confusion of whether this is actually a permitted or should it go under conditional use. And for the simple fact is what if we did approve this? None of us really know what the process is going forward because it should go to a conditional use under the county ordinance. We don't know what that looks like. So, we're not ready. So, I vote to table it. That's my motion. [applause] Mr. Mayor. Okay. I'm going to open this up to discussion amongst commission members only. No discussion. I'm prepared to vote. Madam Chair, may I make a comment?

You can ask for a vote.

Okay, let's guys, let's be really kind to one another, please. We have been kind. Well, we're trying. very kind, but there are people up there that are not being Well, we want to be kind and Okay. Okay. to be quiet, please. Can we can we calm down?

Okay. I'm gonna ask right now before we take a vote for everyone to be kind to one another. Um, where is Mr. There was someone here, Mr. He used to be an elder at church. Where is he? Well, anyhow, I'm gonna say you guys, let's be kind to each other. You all live in the same community, and the best way for us to go forward is to work together. They Well, ma'am, there are so many with a CUP, it would still be coming, ma'am. So, it's not like So, did you just admit either way is coming?

I did not. I said if you get a CUP, you're going to get it most likely. Yes, ma'am. I think I think Hey, hold up. No, everybody. Okay, we're getting lost here. We're trying to conduct our business. Thank you. Listen, I want I want to ask you as your judge executive, please let these people vote. They've made a motion. They've got a second. They have to vote. The motion is to table it. Let them do their job. If you want to talk afterwards, you can talk to them. I'll stay here to talk to you as long as you want to be here. But let's let's politely let these people do their job and

but I'll add a comment to that. It's still not proper for them to talk to the board members after this meeting if we're going to have another meeting if it's tabled. If it's tabled that means cannot try to influence a board member. Thank you. And I there's no definitiveness, but if there is a conditional use permit, it's just a different way. It doesn't mean it's it's a no. So I, you know, I I don't want any delusions on that. Thank you.

Okay. If after we have a vote, if you vote to table this, we are required in acting properly to let the public know when our meeting will be, where it will be, and at what time. I have talked to the superintendent. We can get this building on a Wednesday or mo most Wednesdays or most Thursdays. Okay. Okay. Madam Chair, can I ask a question? Yes. And well, let me let me take a vote, please. Yes, ma'am.

Thank you. Okay. Um, let's take a vote on at this time tableabling this particular preliminary development plan. Mr. Mayor, yes. Keep. Yes. Yes. Yes. So, we're going to table this preliminary development plan and we're going to come back together, I would assume, in a couple of weeks. Well, we need to announce tonight. We need to announce tonight.

Well, I think it's one of these legal things that we're supposed to if you table something that what

because it's proper parliamentary procedure. I have consulted with other ma'am. Could you be polite to us too please? When you table a motion you have to bring it back for discussion. Typically in the classic Robert's rules of orders you would table it to take up another matter tonight and take it up again later. So, if they're I mean I have I advised the board not to do this, but they're doing it. So, they've got to tell you when are we going to have the next meeting? We're going to have to have the same meeting again.

All Do we have to go through all of it or can we just go through the two? Yes. We are not open with discussion for you right this minute, please, sir. So, let's look at a calendar board. Okay. So, so normally normally when we get conclude our meetings, we talk about when our next meeting is and if this is part of what's going to be in our next meeting, then we're going to talk about it if that's okay with you, Mr. Bush. Yeah. All right. Thank you.

All right. I appreciate it. Who voted to form a committee? Not us. Okay. Well, we still need to go up and set up a date. Okay. Um, Wednesday or Thursday? February. What are the days? What's the first Wednesday or Thursday in February? Not Wednesday. What's the first Thursday in February? The 5th. Does that work for you?

That'll work for me. What time? 6:30.

Mr. Sloer, are you still here? Is that date okay? Pardon me. That's okay. Can you hear? We'll make sure we can get live stream. Okay. Live. And if we don't have mics, um, we'll just have to speak loudly and something goes wrong. Oh, okay. Well, somebody could probably figure it out. I think she is.

Okay. Okay. Uh, I'm going to make a motion that this meeting is adjourned. Is there a second? All in favor? This meeting is now ajourned.