Apc - Regular Meeting

uh was brought to our attention because there was no current ordinance within the county. We've taken lots of public comment. Thank you for those that have submitted comments via email. We've received phone calls. Um, and I believe we've worked with a number of the public groups to try to understand as much as we can about these projects and the rules that we want to put down. So, the discussion tonight is not about a project. There is no project on the books. It is about an ordinance to provide for the safety of the public and economic development opportunities. So, what is extremely helpful for us is that when you provide public comment that you say what you like about the proposed ordinance or what you don't like about the proposed ordinance and what language changes you would want to make. Those are the comments that we're looking for that are extremely helpful. So, as we get started, a couple things that we would like to uh enforce tonight for the public hearing. One is we want every

every Okay. One is that is that uh we would like everybody to be very respectful. No name calling, no profane language, no threats, attacks, or slander. Two, everyone that speaks needed to sign in. So, thank you for doing that. We've got your name and address for the record. When your name is called up, please come to the mic. Just state your name for the record and you'll have two minutes to provide your comments. We ask that you only speak once and again the comments need to be what in the ordinance do you agree with or what do you disagree with and what would you like to see change from a language. We also ask that one person speaks at a time. No cross talk no shouting from the audience and all your comments should be direct directed to the plane commission. Um we we will give a warning if we feel that these have not been followed unless there's violence that's threatened and then you will be asked to to leave. So we are going to have the public hearing which is what we're doing now. After we are done with the public hearing we will close the public hearing and then we will go on with the agenda as it was published for for the plane commission which is when we will consider the ordinance part of there. We do have uh this item has been a hot topic of conversation the last couple of months. As you can see from the agenda, there are many items that we also have. So, we're going to address the data center issue first as we know that all of you are probably here for this and not the act permit section of our meeting. So, we are going to address that first. We do have other people here that are here for unsafe buildings and a permit. So, we ask you to be respectful of them please uh as we do that. And then after that we have a BCA meeting which those folks have waited three months to hear their items. So uh we are we are we are

we want to hear your comments. We we love to hear your comments and we're going to try to keep up a couple things moving. So just to reiterate there is no project that we are voting on tonight. There is no proposed project. We are talking about the ordinance and I hope you guys have read the ordinance. It is wonderful page turning material. So, okay, with that we will go ahead and get started. Um, the first person on the list tonight is Cory Pendo.

Hi. Can you hear me? Yep.

Okay. Um, I'll keep this brief just because I sent an email to you guys. I'm Tori Pendell. Most of you guys know me. A couple things I just wanted to bring to your attention is I do still believe that the ordinance needs at least three to six more months of work on it. Um I would like more uh review from Mark France as well. Um a couple things that I would like to see added is uh I would like to increase the financial assurance from 100% to 150%. We're basing it off of estimated cost today when these facilities could not be decommissioned for sometimes up to 10 20 years. Um, secondly, uh, your EAS, your EAS, and your IS's, which are environmental impact studies and the valencies. Uh, I believe that that should apply to all facilities, not just those over Yeah. 100,000 square feet. And yeah, I'll let other people talk now. Thank you.

Thank you, Cy. Uh, David Mer. Yeah, if you close to the mic there, sir. Thank you.

Just a couple of quick questions for everyone. uh the safe distance for a residence from one of these data centers, you've got three to 500 ft from the property lines for a residence. If you just get out your cell phone and Google safe distance for residence from a data site, you're going to find one 2.5 miles. That's information is generated by a page called AI overview. And this data center, what it's for is for generating AI. That's the answer that the AI data simmer gave you for a safe distance. And you can Google that and just ask the question safe distance. Another question is when this thing fails and it goes out of operation, who is going to be responsible for the cleanup, the chemicals that get dumped into the property? Real simple question that's not addressed in the ordinance proposal. And I'll yield my time to someone else. Okay. Uh, my you'll have to forgive me on your last name. Wed

Yeah. Thank you. Sorry.

How you doing? My name's Michael and I was just wanting to explain I don't really I disagree with the ordinance because I don't think it gives enough protection for the residents regarding water usage, power demand, and future expansion. One of my biggest concerns is water usage. Large data centers can use massive amounts of water in a day, 10,000 gallons. Just a whole bunch of water that people can use. What I was asking is I just don't think I think we need to review this. said we need to give it more time instead of we need to just give it way more time to consider it and I would think residents should not have to worry about higher cost maybe I was I wanted to agree with what he said who's going to clean it up because this is farmland then pretty soon if more data centers get you know builds and this and the ordinance well the cost higher the farmland is going to be done and pretty soon if we have so much data centers we're not going to have enough food for people, you know, crops, vegetables, corn, tomatoes, potatoes, everything you love and eat. But one more thing I wanted to say is that the electric usage, someone said in a comment on Facebook that, well, the electric is going to be shut off. So, you know, if I'm listening to music, I don't want my electric right to the good part. I don't want it to be shut off for a little bit. You know, I like my music. So, I was just wondering how can we do to make sure our prices don't go up and that we can have a safe environment where we're able to grow food and we don't have to worry about, you know, my bis my business will get tanked if, you know, let's say all the fish disappear and an instance of this. So, I was just wondering what can we do to save all of that and preserve the wildlife. Thank you for your time. Llama Raven shoot.

Sorry.

Um good evening planning commission. Uh thank you for the opportunity to speak. Um and yes, thank you for creating uh and working on this ordinance. It's important to have. So yes, that's a positive. Uh, I would respectfully ask the commission to reconsider and strengthen the setback requirements currently proposed in the amendment. As written, the 500 foot setback from residential dwellings is simply not enough to for protection for some of the homeowners, especially in areas of dense population. There's been an ongoing discussion and concern about an individual that doesn't even live in the county who is pushing for interest in locating a data center in Pitri Township along 200 West near business 31. It's an area surrounded by established neighborhoods and family homes. If a development of that scale gained traction there under the current proposed standards, more than 200 homes could be potentially falling within a 25 foot falling within 2500 ft of that property. For those residents, um a 500 foot setback would provide very little buffer from the impacts that often accompany large industrialcale facilities. I'm not here to stop at economic growth or development. I'm asking that the ordinance include more carefully regulated language and greater setback protections for areas concentrated with residential housing. I respectfully request that the proposed amendment be revised to provide stronger safeguards for homeowners and to ensure future development is placed in locations that minimize the impact on established neighborhoods. And I thank you for your time. Linda Rogers.

Hi there. Hi there. Uh what I had prepared tonight though is really different than what you said. I thought we were coming here to u talk about consequences of you know a data center or anything like that. I don't know am I able to still read that or do you just want the question? I I really the only thing that we're dealing with tonight is the ordinance.

Okay. If we can though I really would on the setbacks. I agree with what Lawn said that we're just going to go with the setbacks. uh that I would like for you guys to if at all possible to reconsider the approval of this ordinance tonight to a later date with possible changes for protecting the incorporated areas of Miami County and residents of Miami County. uh the 500 set back I feel like isn't isn't enough and I agree also on the 100% to 150 and and if it all my name also is Linda Rogers and I live at 2465 200 west and uh I'm just concerned about a data center in our area or in 200 and possibly if at all possible. We've heard things maybe about a large industrial part also in the area. We live in a residential area with around 400 about 200 homes in four subdivisions. If you could consider all of this uh in your consideration, I'd appreciate it. Thank you.

That's great. Thank you. One of the things I see where Frank Falls, please. One of the things that I do just want to note um and Lon brought it up uh this ordinance the proposed ordinance that is before us is that these would be allowed in a business or industrial area. So if there was a project, for example, Von, you referenced somebody was looking at a property on 200 West, in order for that to happen, they would have to go through a reszone, which means everybody gets a certified letter. They would have to petition this board and say what they wanted to do. The board would then have to weigh is that use acceptable in that area? Is it the preferred land use or not? then we would have to send a recommendation to the commissioners. So, while I understand there was a lot of discussion online, uh that is that is how this ordinance is. So, I appreciate your comments there. Uh but just to remind everybody if there was something that was in a either a or residential, they would have to go through a very public process to go through a complete resone. So, okay. Uh John Rogers, please. Uh, nope. I'm gonna move on to John. We've got a busy evening tonight. Thank you, Linda.

Thank you, John Rogers. She is my better half. I want to thank Mr. Mosimo for an idea he gave me right after the uh last council meeting her commissioner's meeting. And I told him that I'm I heard a lot of negative, but I'm unsure how I feel about this process. and he said well he went to Hammond and visited the group went to Hammond visit that facility we drove there yesterday and you almost can't get there from here at at the last minute but we learned a lot we spoke with the site manager for that facility he's very open very direct and uh he's has a great background and uh just as you just addressed he his first most strong statement was industrial not residential But the thing that may be appropriate u and I was surprised because that facility is like Lake Michigan is on that street right there and initially they used water and I believe this is addressed in the u the mortorium initially they used water because it was right there it was an old cold fired plant and uh now they use um a refrigerant cooling system and it's a Munders cycle system for refrigerant cooling. I don't know why they changed away from water, but you know, we hear so many negative thing like we're on a well within a few hundred feet of that proposed site. Speaking the wrong thing now, but anyway, I I do want to address the water and uh but most of all, we appreciate this opportunity come in and plead our case and make our request. Oh, thank you.

Okay, before I start, I've been hearing that the majority of uh Miami County residents wants this data centers to come to our facility or to our Miami County. I like the people in this room to raise your hands if you're one that does not want this come to our facility and the people in the hallway make noise. You don't want this come to our county. Thank you. I would ask that you address the board. Okay. And if not, we're going to Sure. That's your one of me.

That's okay. First Okay. Okay. Did that. Okay. I had the privilege to speak to three county residents. One being the county commissioner. This gentleman was very kind to me. He put me in contact with two Fton County residents, helped write an ordinance for their county and they gave me a ordinance that they wrote in county that I spoke to you about here and I would I want to submit this county ordinance that's going to protect the people of Miami County. Um they had a lawyer from called Lord White from Indiana. to review this and approve this ordinance. And I did read our ordinance compared to this ordinance. And I want you guys just to take a look at it. I can email it to all of you. And please just take a look at I don't just give us a chance. Okay? You guys aren't protecting us completely with this ordinance that you're putting through right now. But this gentleman I talked to, he's a very nice general commissioner for Fulton County. He helped me a lot and he was kind to me and told me, "Yes, we need to protect the people of Miami County against these data centers. is not good. And so I just want to submit this to you guys, take a look at it, and I will send you all the other ones in email, an ordinance from Fulton County. Please just take a look at it. Will you please? Well,

we've taken lots of months of public comment. Thank you. Okay, Elaine Anderson.

Well, you all know that my tummy. Get close. Close to it. Now, be closer to it. You got to lean into it. It's got to be like right here. There you go.

Okay. Now, you know, you all know that I was on the subcommittee to rewrite the initial solar ordinance for Miami County, and I was met with a lot of resistance on that committee because the Miami County Economic Development Director and two of the commissioners were getting feedback from Savant, who was the company wanting to put a solar project in this county. And I have written documentations proof that they were working with Savon so that things did not get put in the solar ordinance that we wanted.

So I've reviewed this proposed ordinance tonight. Um it it's a start, okay, but it needs a lot of work. Asked me if I would be on this committee and no, I chose not to be. I wanted to sit back and wait to see what is presented and then I'm willing to make a comment. Some of this is minor, but others comments I'm going to make are very important. First of all, the ordinance has no page numbers. It is recommended to be signed by Fred Muselman. Fred is not his name. His name is Keith Muselman. Um 3.6 is referenced. Uh, all mechanical equipment, including power generators, shall be screened from public view. Okay. Go out to the data center that's on base. There's fans on the roof. There's 10 fans on one roof. They're not they're not um screen from public due. I saw every single one of them. And so that certainly needs to be modified. Um, 3.10 um a written report for the training of the fire departments um to present to be presented no later than 30 days after completion of the training session. Why wait 30 days? Is it five or 10 days?

Thank you Elaine for your for your comments. I'm not done. Well, that was that was your time to talk about decommissioning. I'll take the gentleman's time just giving 30 minutes. Okay. No late. Thank you very much. But that was your two minute. Thank you. Uh Bill didn't Yeah. Phil Bansky. Can everybody hear me? Can everybody hear me? Yeah.

Okay. Good evening. Phil Bansky. My Miami County residents, I respectfully ask the Miami County extended current timeline and allow at least one additional year before any final ordinance is approved or signed. One year is not unreasonable when we are discussing projects that could permanently reshape our community for generations. Okay. The additional timeline would allow independent environmental and infrastructural studies, greater public input and transparency, careful review of impacts to agriculture and wildlife, and the opportunity to learn from other Indiana communities already facing problems related to large-scale data center developments. Okay, there's problems. Who knows? If these project products are truly beneficial, then they should be able to withstand additional public scrutiny and careful planning. Okay. Economic development matters, but respons responsible development matters even more. I urge the commissioners and the plan commission to put residents first, slow this process down, and protect the future of Miami County before irreversible uh decisions are made. I'm here tonight because I believe we need to be extremely cautious by allowing large-scale data centers into our county. The fact that Miami County recently passed a temporary moratorium on data center development shows something important or current zoning rules are not prepared for projects of this size and impact. County officials themselves acknowledge that the zoning ordinances failed to provide adequate regulations related data center projects. That alone should concern every single one of us here tonight. These are not ordinary buildings. Modern data centers operate like massive industrial unit utility complexes. They consume consume enormous amounts of electricity, require substantial infrastructure upgrades, generate

constant mechanical noise, and place heavy demands on water supplies, energy services and electrical grid. And thank you, sir. Thank you very much. Appreciate your comments. Britney does ask you please please refrain from applause.

Justice public speaking is not my forte. Um, I won't pretend to be well educated on all the negatives brought by data centers, though I have found plenty of information from members of communities with existing data centers that warrant the fear that is being expressed from our own community. I am an elected official and I have learned along the way the strong how the strong arm of politics tries to control the little people. I have seen several mentions that an outright ban is not a politically feasible option here and that our only existing hope are these regulations to the risk. I very much disagree. Our duty as elected officials of local government is to represent our local community, not the big guys that told us the not the big guys above us. I have a lot of experience being the lone person to vote against an item after being told the item must be packed. Those not may have been lonely, but they never caused me any pain. The reality is, if our small local governments stand together to represent our community against a recommendation, it shifts the problem back to the big guys that are creating it, not our problem, not our community's problem. Thank you.

Sorry, you're gonna have to everybody if they can s My name is Sarah Graham. I live in my county between two fields. Um, basically many of the things that I wanted to say have already been said. I feel like we are rushing into this. You say we have had a lot of um, input from where I know it's easy to put things on the internet and say send input, but I also know many of our county residents don't have access to the internet. There's no place like a newspaper or anything that we can get the word out. Why are we rushing to allow corporations to make money at our expense?

You're here.

You know, it's easy for corporations, for the right people to say, "Oh, this is completely safe." But how many things have we been told are completely safe like asbestous? And we find out it's not. So, I too agree we need to take at least six months to a year to look at this to put together a committee with businessmen with common citizens with environmental people to go ourselves and visit. I see a lot of things about other communities, Lebanon for example, and the noise and the vibration. I see things about water pressure problems and being somebody who was on a well that concerns me. You know, if you wake up one morning and find out that there's coming a new data center in the industrial zone near you or that your neighbor who is agricultural has managed to get an industrial and suddenly you're going to be a neighbor or within a couple miles of a data center, wouldn't you want to know that the people who made the decision did full due diligence and looked completely at every possible aspect to protect your environment, your health, and our community. Thank you.

What do you mean by play London Bridges? My name is Kristen Moon. I live here in Peru on Main Street. So, I'm used to being surrounded by business um and busyness, but I think that there are some problems with this particular proposal, and I'd like to talk about them specifically. The first one is um I'm concerned about the 500 ft. I don't think that that's enough. Um I also know that even if we write 500 ft, people have the right to come into the BZA and ask for an appeal and ask for that amount to be changed. So 500 ft is not a guarantee to the local homeowners. Um we saw that with the rock quarry over on Paw Pop Height where there's already stuff in writing that says a thousand feet is supposed to be the distance. They came in and appealed for like a hundred feet to pro these people's residences and um and it was granted to them. I understand they were only an advisory board because that was an advisory board too. The advisory board said no and then the city voted in favor of it, right? Um so so this is a problem. I also think that specifically putting this in a business area is a problem because what other local business is want going to want to be next to a data center with the noise that it emits? So, I think it should be industrial only. And finally, I'm concerned about the noise limitation that's listed in section 3.4. It says it can't exceed 55 dB. I did do my homework on this. I visited Corey's office and I asked if we currently had a way to measure that. We do not. Do we have a

sound ordinance for the county for anything else? I I don't believe we do. And um we'd have to bring in an expert to come in and measure it. how long would it go on before we had a sound engineer who could visit the county and then after they make their report how long do the residents have to be putting up with it. So as it exists this u this proposal is inadequate for the needs of our county. I'd like to suggest that we stick with the moratorum um especially because this is an area where the technology is constantly still developing and while there may be a future someday for a data center in Miami County that technology isn't appropriate for our community at this point. Thank you. didn't trap you in there. Jedi,

we're good. We're a good driver. We need some alteration. Is it? Yes.

Hello. Um, okay. So, good evening. Thank you so much for having us all here tonight. Um, my name is Stacy Fasel and I actually came prepared tonight to talk about something totally different. Um, but I do agree with what everybody else has said tonight. My concern is I'm advocating for my son who's all testing and we live nearby on 200 and my thing is the noise level, the humming sound of these data centers, how that will affect individuals with autism. Um, has there been research done on that um that does disrupt their sleep, their everyday life. Um so I'm not only advocating for my own child, but anybody else here tonight that has a child with autism that doesn't have a voice here tonight. Thank you. Chris Alback is Chris here. You donating that?

Yeah. Are you going to donate it? Well, yeah. With my tax dollars, right? Yeah.

Couldn't hear your way back there. If I could just tell you I represent militia. That's the people. There's 8,000 AI centers in this country. 8,000. Got to slow down. Everything glitters as it go. I talked to a guy this afternoon down nice town. It says they all hate bills went up. The waters quality going down. Tell you something else. It's going to be settled through America first. We knock India off and freaking internet. We quit supporting the world. But there opens up a lot of data. One billion people for you guys asking these people to carry them on their back. They've had enough. We've all had enough. You hear? My family's crashed. My uncle, my grandpa was county commissioner in this county for years. People are sick of this Okay, go slow. We understand you guys don't have all the information. Turn off CNN. Get get some alternative views. Go to Alex Jones Info Wars. There's a lot of smart people on there. Go around. That's my family crest. Hurry up slowly. I'm also national intelligence commander for for the militia. So, I get a lot of information. You guys might might not be careful. In the middle of the last pandemic, everything went up. People's getting sick of this So every every everything you guys decide right now besides water bills, electric bills, everything be careful. Not a threat. It's just saying be careful.

Pete Baker. Hello Pete Baker reading after reading your u proposal of the ordinance uh 5.14 5.14 that's good that you do have something with spect sound obviously a lot of people talking about that low low frequency harmonics are the ones that I think people are particularly uh concerned about uh and that's not so I think there needs to be some more language in there with respect to low frequencies and maybe the high frequencies as well that the that the uh power supplies their ch their power supplies will be emitting okay so needs to be some more teeth in that uh 5.1 5.13 or 5.113 excuse me uh I was really glad to see that you got closure loop cooling system that was one of the most important things in my opinion uh that you've not uh so uh you know almost everybody uses closely for for pulling those down uh uh 5.1.22 uh I disagree with uh you offer the opportunity for tax abatements uh and I don't think that that uh that the uh gross uh income I guess from employees will not uh be very high in a data center. So I think you need to uh reconsider that tax because don't make uh residents pay for infrastructure improvements uh for utilities and so forth without uh the methods and method

and Google to the world you know uh getting free tax free uh although it's a state thing that you won't address. Uh I do not certainly support uh sales tax abatements or sales tax uh removal uh on brand new servers every 5 years because they're going to be obsolete five years and you know and the state is 7%. So no I don't that's not you with respect to virus suppression you had section 3.10 one zero again might that it's there it's a little weak you don't talk to it again I can expect what's called PF BFAS BFAS uh those are chemicals that are used particularly in computer centers to put out fire sir okay appreciate your detailed comments Chandler Hughes Mr. years. Come back to a minute. Bill search,

Mr. Search. Oh,

yeah. My name's Bill Sturge. I've lived in Miami County 74 years, and I've got three questions to ask here. Uh, number one, how will the ordinance protect nearby homeowners and farmers from potential impacts to property values and quality of life? And number two, can county officials explain why there is urgency to vote for an ordinance now instead of slowing down and ensuring the strongest possible protections are in place before any applications are considered?

That's right. And number three, if a data center receives tax abatements and other incentives, what guarantees will residents have that the promised economic benefits and jobs will actually materialize? Thank you very much. Thank you. Is he back from the bathroom? Sorry to let everybody know where you were. All right,

my name is Ch for the record. I generally agree with most of the comments that have been submitted by people who've come here before me. I notice I'm almost last on the list here, which I suppose gives me a little bit of a little bit of good feeling about it. Um, regarding some of the specifics of the proposal, a lot of the things I wanted to talk about had already been covered and had already been litigated at least to some degree by people who had come before me. So, I suppose I don't have too much to talk about on that front. So I would say a general appeal that I would make to the people on this commission, this board I should say, whether it may be advisory or not, I believe that it's prudent and it behooves us as a community just as people to think of the long-term economic, social, environmental, and otherwise consequences that might be called the county if we were to have these sorts of projects in our county. Now I understand many people have already talked about water quality. Many people have talked about environmental impact noise. I agree with all that. The one thing that I have not heard too much talk about on is if we want to bring economic development I understand there is a temporary generally speaking boost in revenue whether it's from construction jobs and otherwise that which generates for the city for the county etc. But in the long term, most of these data sets from my understanding and I have no experts. So do not take my word as gospel, done independent reading on my own time, try and be an informed citizen. I do not believe that many of these data centers, regardless of their model, regardless of their particular output, serve a long-term economic benefit to the places that they are because most of this money that is generated by these places does not stay within the county. There is a

handful of jobs at best and I believe if we want to consider long-term development, it would be more prudent to consider something that would bring in more jobs and more tax revenue for the city. Thank you. Hi, I'm Denise Walter and I have a couple questions. One, and leading off of him, how is this going to benefit us as a community?

How is this going to benefit us as a community? I don't see that um there is going to be much benefit for the community. And then the other question is um with what studies for health issues with light pollution, noise pollution and water pollution because we know that this contaminates our water and it's not it's nuclear stuff. It's not just regular stuff. And this has got to go back into agriculture and you're not going to be able to use this land after they're done. So how's that going to benefit us at all? I mean, we have to be able to again use our the property. And I spoke to Mr. Roy Quinn who's down there on 200. It's going right next to his property and it's a VidCon is what they're telling him or coin bid or whatever. He told me that they've been doing this since February. Why are we just now hearing about it? That's on 200. And then somebody said there's another one on 600. I don't know if I have my stories mixed up or what, but I just think that we need to know stuff before it's already pretty much a done deal. And I don't think we've been I think we've been misled.

There are no there are Yeah, there are no projects that we're aware of. So, and if there and if there was just like you think you're referencing a bit mining company that was in front of board of zoning appeals, everybody gets a certified letter and gets information about that project at that time. That's that's how the public process works. But he told me that they were trying to buy his property an acre of property from him to put it on. And this was just buy property within the county. uh this body is just concerned about what the what the use is of that and what the zoning classification is. We allow free land transactions,

right? I understand that. But I just think if if something big like this is going to happen, we should know before like the last know with this ordinance, everybody would know what is going on.

Well, I know that that salvage yard is maybe three miles from my house. The highway itself that's up there is very very loud. I can't imagine what another facility like that that makes a lot of noise. And I've been to visit one and I know how noisy they are. My daughter is fighting for Falton County right now to theirs out of Akran and it's just a lot going on in a lot of communities right now and I don't think people have a lot of time to digest all of this. Thank you for your comments, ma'am. Jennifer Maghard. Excuse me, sir. I have a general question just for

Well, we're going one one at a time here. Okay. Jennifer.

Hello. Um, I'm asking the commission to table this ordinance because even with the improvements of the ordinance um that you guys made, it still does not fully meet the county's duty under Indiana code 367-4-601 to protect public health, safety, convenience, and general welfare. Uh, my concern is not just whether the data centers are regulated on paper. My concern is whether the Miami that Miami County has created enforceable standards strong enough to protect residents after approval is granted. The ordinance should not allow data center spy right in any district. Every data center expansion ownership ch ownership change, major equipment change or utility impact change should require public review and written findings. The ordinances also needs the ordinance also needs stronger setbacks, stronger noise standards, county level uh generator controls, water and grid impact review for every project, mandatory road bonding mandatory independent technical review, stronger insurance, stronger decommissioning security and public reporting. The current ordinance relies too much on administrative review and outside agencies while leaving the county responsible if roads emergency services, utility, water resources, neighboring properties or residents are harmed. The 100,000 foot threshold for environmental review is also loophole because smaller or phase projects can still create major impacts. I'm asking that this ordinance be tabled until these protections are added because the county's duty is not simply to process development. its dudience or protect Miami County residents, property owners, taxpayers, emergency responders, agriculture, and the general welfare. Indiana communities are already experiencing the exact problems Miami County is being warned about. In St. Joseph County, the local drainage board has to deal with Amazon quest to discharge tens of millions of gallons of water per day with farmers and neighbors worried about farmland and property impacts. The Fort Wayne item improved more than 140 diesel generators for Google data center despite months of public push back and reporting dates. um item could not deny the permit based on quality of life for utility cost concern and Michigan city residents have already raised concerns about light pollution

traffic transparency and unanswered questions about water use energy use. These examples show that state agency permits do not protect a community from all local impact. Item does notide whether a project is compatible with nearby homes, farms, roads, ditches, school emergency service prop property values or utility customers. Love you. Very much for your comments. The next I'm having a little trouble with the name. Uh but I it's somebody from two 2590 South Warrior Court. Yes. My lifetime battle. You could just give me your your name.

I'm TA Chev. And I am first of all wanting to thank you for the temporary moratorum. However, I do want to respectfully request that the current proposed ordinance be tabled for a much more strict and regulated ordinance. Please, my concerns and questions are centered on water quality, water table level, the impact on residential wells and the amount of water consumption by data centers. Data centers run 247 at 365 days a year. That means the demand for water is constant. It does not end. The water table at homes close to where these are going to potentially built be built. That water is going to be used for in homes for drinking, gardening, ba bathing, and sanitation. Those levels will never keep up and never recover. And if my well fails, the burden of a 20 to $30,000 fix falls solely on me as the homeowner. With a data center nearby, I will have the cost of cooling a multi-billion dollar tech company with my resources and my own money. Right?

The Environmental and Energy Study Institute states that a large data center, and I quote, uses 5 million gallons of water a day. That's just one data center using as much water as our as our entire town of Peru in a single day. and that water supply will not be able to recover. And if you still aren't concerned, let me remind you that 3% of our Earth's water is fresh water and only 0.5% is safe for humans. Water is a limited and precious resource. Water supply or the lack of it isn't really something we have to think a lot about here in Indiana, but I urge you to research and investigate. And lastly, if there's anyone in this room who has not seen a data center, go out to Gris Reserve, roll down your window, exit your car, notice the constant droning hum, notice the less than quality construction of those structures, and observe the residences less than 500 ft. Thank you.

Right. Good evening. Dave Shllo, Miami County resident. Thank you all for taking time to listen to all of us. I do appreciate that. I know everybody does. So, I'm here to urge the board to table the ordinance until better and uh better guidelines can be established. Specifically, I would request the board adopt larger commercial setbacks on the data data center ordinance for the benefit of all county citizens and the long-term health of our residents and resources. Current current data center ordinance as outlined. The setbacks are 300 feet from any agricultural zoned property line, 300 feet from any public roadway rideway and 500 ft from any residential dwelling not located on the same parcel. For context, I did go to Google Maps because I need a visual. Um, if you stand at the west entrance of this courthouse, 300 ft will take you just about to the corner of the CVS parking lot. 500 feet takes you just about to Third Street or the entrance of city hall. Um, so most most ordinances seem to have that 2 to 500 foot setback for most most ordinances. So some information, however, does point to 1,00 the 3960 ft may be more appropriate. 1,500 ft will take you almost to the Wash River at the Broadway Bridge. While zero reszoning I understand is still a possibility, having stronger language still protects anyone who does get a reszoning variance. The board's primary concern should be to protect the property values. Preserving agricultural land that so many Miami County residents have worked decades to develop. I would respectfully request board adopt larger commercial setbacks

for the benefit all the of all the county citizens and the preservation of all of our resources. Thank you. Very good Morris.

Hello. My name is George Morris. Uh Miami County resident my entire life. Um, I want to plead with you to rethink this. Uh, the the ordinance, I think we all know that if you put enough regulations in this ordinance to actually protect the residents of Miami County, you'll make it impossible for for the data center to even exist. That's right.

So, the only ordinance that you could create that would actually protect us be an ordinance stating that Miami County is a data center free zone. And I know that you think that's ridiculous, but that's what needs to happen. I think you guys know that that's the right thing to do. Um, you know, as my wonderful mama would say, uh, you guys are putting the cart before the horse and not thinking this through. I know that everybody in here are intelligent people, but no matter how intelligent you are, you can't foresee the the fallout that's going to happen from this. Once a data center is here, it's game over. And like a lot of people before me just said, uh, you know, once it's there, they're going to come in, they're going to request revisions, and, you know, just like with factories in in every town, uh, when they want to produce more pollutants, they just get another scrubber installed, they apply, they pay, and have another permit. Uh, they buy another permit, and they release more toxins in the air. Like, it it never ends. So my suggestion, if you're going to push through an ordinance, rewrite the whole thing and just ban all data centers from Miami County. It's the only way to protect the resident. Okay, we got two more. Michaela tub. Hello, I'm Michaela Pub. I'm a lifelong resident of Miami County and I'm urging you guys to table this data center ordinance. I do not feel the language as it stands as strong enough. Personally, I'm in favor of an absolute and complete

ban of data centers. Data centers do not bring in jobs. They pose an extreme risk to the people and animals surrounding them, and they eventually fail and leave a mess for residents to clean up. If you are unwilling to put an allout band to data centers, I believe that the orbit still requires a lot of work. I do not believe that there should be any exception for a data center wanting to be placed on agricultural land or flood plane districts. There should be absolutely no special exceptions for this to occur. I believe that any properties within a 30-m radius should be properly notified of the intent of a data center being built. In addition to this, I would like for a public hearing to be requirement, whereas it must be posted in the newspaper or general circulation and signed up on the property 30 days prior to a public hearing. I would like to see setback much farther at 2500 ft. 300 and 500 ft is absolutely unacceptable and clear language. I would also like to thank Stacy for bringing awareness to the potential effects of autistic people as someone with an autistic child. I would like the process of writing this ordinance to be thorough and complete before rushing to meet an unnecessary deadline to ensure our community is protected. The currently proposed ordinance is still too broad. Welcoming data centers into our backyards with few limitations and posing extreme risks to the residents of Miami County. I implore you to really take a look along at the long-term effects and detrimental health complications that come with allowing a data center into our environments. And I ask you to look at that on your own and not from a develop a developer looking to persuade you. Please do not pass a rough draft as a permanent ordinance.

Luke,

thank you so much. Thanks for being here. Thank you for what you do. I know sometimes it's a hard job. 3 to 500 ft is unacceptable. We are united. The people have spoken tonight. We do not want data centers in Miami County. We don't want them. We are united. Nobody came up here that I heard that's for it. We don't want them. Please keep them out. We understand maybe in Virginia there might have to be hundreds of them. Maybe in Texas, not here in Miami County. Not now, not ever. Definitely not in a rushed hurried manner. We don't want them. High water usage. Large data centers can consume up to 5 million gallons of water daily. We talked about that. Localized noise pollution. Cooling systems often create constant loud buzzing noises comparable to 247 lawnmowers that plague neighboring communities. There's a low economic benefit. Despite their size, they provide very few long-term jobs and in many cases receive significant local tax subsidies. I do not want to pay for these things. Data centers pose significant documented health risks to nearby communities and staff primarily through air pollution, noise, water consumption. They increase asthma and cardiovascular disease. This is according to a University of California Riverside study found health impacts tripled in California between 2019 and 2013, potentially increasing by 72% by 2028. Mental health issues. Studies have reported that constant noise causes migraines, vertigo, and panic attacks. Water scarcity. Data centers use significant amounts of water for cooling, sometimes depleting local potable sources. We would have to pay to have our wells go deeper. That is not right. That is immoral. Data centers are large facilities. They represent health risks for their neighbors. This is according to Elon

Justice Pavalinich, PhD. These risks are especially high from hypers scale data centers powered by fossil fuels. We're united. We do not want data centers in Miami County. I'm Luke Foster 13 of the Miami County resident. Thank you. Thank you all. Thank you.

This is the one morning guys. I think we've been super respectful. We would ask that you please respect our rules on this or else we're going to have to clear the entire courthouse. Okay. So, please, we're asking you please respect our rules. Does that Excuse me. Okay. We are Do I have a motion to close the public hearing part of our meeting? A motion that we close the public hearing part of the meeting. Okay. All in favor say I. I opposed. Okay. We have adjourned the public hearing part of our meeting. Deputy, if you could please remove those individuals from the house.

Can I make a comment? No, sir. Can I ask if this is on the agenda for Monday?

Okay. go ahead and get started. Gonna go ahead and get started with our meeting now. We're gonna go ahead and call this meeting to order. This is the May 13, 2026 meeting of the Miami County Planning Commission. We'll call this to order. We're going to start the meeting tonight opening up in prayer and pledge of allegiance. Mr. Hopper will y I think it's that

speaker doesn't work. That one doesn't work. Everybody would please pray. Father, we thank you for this day. We thank you for his many blessings. We ask that you be with us tonight. Please guide and direct our decisions and make all of our actions be pleasing. Amen. Amen.

I pledge allegiance to the flag of the stands indivisible. Go ahead and continue with the record. Tim wine here.

Dan Hunt here. Scarlet Graves here. Brian Palmer here. Brad Muscleman here. Jamie Hopper here. Lynette Smith who's here. Yeah. Greg Wilkinson. Courtney Schmidt here. The next on the list u we're actually I will take a motion to edit the agenda so that we can deal with the data center ordinance. I have a motion from Mr. Russle. Do I have a second? Second. Second grade. All in favor say I. I opposed.

Okay. We are we are going to go ahead now with the discussion of the data center ordinance based on the public comment and the public hearing that we just had. Any discussion from the board? I would ask that the please be quiet during this time. Thank you. I guess I we've done a lot of work on this and our committee met several times and we've done a lot of independent work. We met with Corey represent your group but provided some great input to us. I don't see that waiting is going to gain us anything. I guess I move that we adopt this ordinance as

favorable recommendation to the commissioners.

I have a motion. Any other any other motion from the board on this? Second. We have a second. So discussion before we vote on this, please. Comments or concerns or questions? We cannot amend.

So I know as as we talked about and I appreciate a lot of the comments back from it, you know, in the ordinance, the business and industrial um you know, I I believe that having to go through a reszone process will make this very transparent to the public and provide lots of time for public comment. So by having that in the ordinance I believe lets the process be very public so that people would not just have to get a would not be able to just get a permit and it be able to be approved with that. So I'm I'm comfortable with that part knowing that it will be a very public process for our community should somebody want to even do this. And then you know I there were some comments around the tax abatement side. You know the council and commissioners deal with the tax abatement side. That doesn't really you know we don't approve projects based on econom we don't approve projects at all. It's just it would just be a reason. So it would be extremely public and there would there would be lots of comments and then everybody would get to vote on basically if there were a project on every single one. Any other comments from

I want to ask Mar I did I did it's not on there. Oh, okay. I'm sorry. Uh I wanted to ask Mar what his feelings are based on the public comment as to how strong this ordinance is comparatively speaking or what your thoughts are of it in general as far as the strength in protecting the community. So, I'm not going to give you my personal opinion. That's not what I'm right. So, from the legal side, I think it's enforceable. Can it be stronger? Yes. Can it be weaker? Yes. Um

I I think that's really more up to the board of do you want to put stronger protections in place or not? But with what's in here, I think it's forceful and that's what I mean, if we had to go against some project that's violating this, I think it's going to hold up. Um, but whether or not you put bigger setbacks or not, that's that's a commission decision. Not do I feel it's protected or not. No, I'm just looking for legal aspect, not your personal thing. I mean, don't see a challenge to this ordinance invalidating it. So, I I think it it's forcible, but whether I feel comfortable with it or not, that's not for me to decide,

right? There was a lot of there was a lot of comment about setback and if it is in industrial park which is where my mind was when we wrote it 300 and 500 is acceptable and I understand where they're coming from for the one south town that would not be acceptable but don't see that being a legitimate place to build one. Do you think about one if it does go on farm ground out in the country 500 could sound kind of close but

am I correct in saying this Mark BCA be able to put a stipulation on if one were to be proposed an agricultural zone land we put stipulation on that it has to be I'm just going to say a th000 ft from the residence is that is that within our bounds or no only if they need variance for the setback only if they needed. So we couldn't approve it in an agricultural zone which they would have to get a special exception for anyways in here. Yeah, I don't think if you add additional setbacks a court would say that's

yeah, you also just want to address the com. We've had a lot of comments about um you know taking away the ability for somebody to follow a variance and do you have any comments because I know that we've had part of that discussion but um correct me if I'm wrong but it's every property owner's right to ask for a variance. Doesn't mean it'll be granted but it's your right as a land owner to ask for a variance from any zoning standard. Yes. because the variance process and the different variances, they're statutory. So, we can't at a local level deny anybody the opportunity to file for a variance. The state legislature would have to say we have that authority if they haven't done that.

Brad, could you address the water usage that everybody's so concerned about in relation to how the ordinance is written? Yeah, there was Correct.

367. Yeah. So there was a lot of discussion uh and so that was amended in this uh copy that you see here. So cooling systems or only closed loop water or air only cooling system shall beitted. Any discharge, release or removal of water or fluid from a closed loop pooling system is subject to Indian department of environmental management regulations. that was amended based on the last two months of public comment to only allow closing with water which is my understanding Mr. line is definitely an HVAC professional, but that is a standard commercial cooling system that's in most commercial or industrial buildings. Um, or the air cooler only systems.

So, it's not using an unlimited millions and gallons of water daily. Yeah. And we we specifically put that in there so it would not be an open system that I just wanted to clarify that for everyone if they didn't understand the writing. It's not something that is just unlimited water usage. An IDM currently regulates any high capacity water user within the state of Indiana.

Any other comments from the board and have a motion in a second then we'll put on the table. Any other motions or the motion? Sorry.

Yep. That we had we had a motion in the first to accept this and to send it with a favorable recommendation to the commissioners. That's the motion. So if you are voting yes for this motion and you are voting send this to commissioners with a favorable recommendation. Again, they can decide to take the recommendation, not pick the recommendation or send it back to us and tell us to keep working. Well, I Okay, I appreciate all the work that the committee did on this, but I would like to make a motion that we table pushing this on pushing this through. I I know that you guys you started with nothing. They they started with nothing to build this up. So uh anyway I would like to make a motion that we table this keep the moratorum in place and give it some more time because we have a lot of unhappy people here and everyone here nobody wants to cause you any harm. So I I don't like being villainized and I don't like the other board members being villainized. So, but in anyway, that's what I would that's my motion.

I have a motion on the table right now that I need to deal with. Okay. Yeah. Sorry for being out of order. Any other discussion or comments from the board? Hearing none, we'll go ahead with the roll call vote, please. Hey, Tim. Yes. Uh Brad, hi Garlic Graves. Hi Brent Palmer. Hi Brad Muscleman. Hi Jamie Hopper. Hi Lynette Smith. No.

That is 5 to one. I got my math right. I didn't have to take my shoes off. 61. Thank you. This is why yeah one okay so the motion passes so we will send this to the commissioners with a favorable recommendation since we passed the limit you still want to put your motion well it'd be a point right I just wanted to make sure yes

okay we will uh move along then with the approval of minutes then there were minutes that were sent out uh to all the board members this is the Wednesday, April 8th meeting. Do I have any comment on on those minutes from April 8th? I motion that we approve the minutes as presented. Second.

I have a motion and a second. Any other discussion? All in favor say I. I. Opposed. Motion carried. Minutes are approved. We'll go ahead with the staff report, please. Make sure your microphone's on, please. Okay, looking at things here, uh, all the work that we did in April, it seems like the busy season started creeping up on us faster uh than we normally see it. But we did issue 51 permits. That was a 21% increase over uh the permits we issued this time last year. Uh those 51 permits included five additions, two car ports, three demolition, 12 electric, three fences, two garage, one manufacturing home placement, two mobile home placements, a personal solar energy system, five pool buildings, a pool, a porch, three remodels, and 10 roofs. Uh you do have three a permits that have been requested and are pending your review tonight. Uh we did close out seven permits. We have been a little too busy to finalize the rest of them that are hanging out there. I think we're working on that right now. Um, we did have four split applications that we processed, assigned one new address, and issued three stop work orders. We did bring in $7,157 from uh permits. There are five variances that have been applied for that BZA will hear uh after this meeting. And then we did have 20 contractors registered in general. Looking on the unsafe building side of things, we did have three unsafe building complaints that came in. All three of those did turn into cases, active cases. Um, however, I did close three unsafe building cases. U, so it's kind of a wash there. Uh, the rest of the staff report, I'll turn over to Brooke to talk about violations.

This

sure Okay. For last month, we had 24 complaints received. 20 of those turned into active violation cases. I was able to resolve 10 of those, bringing our active violations in progress to 129. That's an increase of 25% from the 103 cases that we had in April of 2025. One violation was sent to our attorney's office. Uh that leaves 26 active violation cases in his hands. We had uh three fines that Sorry, I got real loud. Three fines were issued uh for violations totaling $275. No leans were placed from unpaid violation fines. Uh and no mowing orders or anything. um all of my violations. It was actually a a pretty good variation last month. We had a little bit of everything. Um have not seen I take that back. I had one ground complaint that just came in yesterday, but that'll be questions on staff violations.

What the expense report? Looking at our expenses this month, um all of the same expenses that we typically see from attorney to uh advertising and reimbursements there. Uh the few things that were a little different or abnormal, we did pay out um for two new front tires uh and some sway bar link and repairs to the inspector's vehicle. Um and then there was something else. Oh, I did pay out um for the 2025 year in review uh whenever we get to review that uh to have those printed. Just ran out of time. So, he's printing the truck to get an oil change. Um but I believe those should be all of the different uh expenses there. Uh I if I remove the money that I carried over from last year for the plan update, it looks like currently we've spent about 27.7% of our budget. So we are very healthy looking at where we are in the year in relation to what we have left.

Hey, any questions on report? any committee reports for yes.

So speaking of committee reports, u this is typically the time frame that the um fee committee is looking at updating or or any changes that they would need to make to the fee schedule. Um I have decided in lie of all that we're doing currently at plan commission to push that off a couple months so that we can have adequate time to research that. So maybe a more of a late summer fall thing that we'll start looking at just so that uh we still have time to get a new fee schedule adopted before the end of the year will be good at that point. Okay. Any other committee reports for tonight?

Okay. Uh we'll go ahead and start with the unsafe buildings for tonight. The first one is H for the Stronger Family Trust East 800 South Hills. This is a 90day progress check from our J4.

Oh. Uh I I don't necessarily have a staff report. Uh at last the last meeting we did hear from Mr. stronger and uh at that point he had you would give him extra time so that he could demolish that and he uh I believe promised that it would be down at this point. If you look in your drive there you can see pictures. We were out there today. Um it doesn't appear that much has been done. However, uh Mr. Tonger did send me a quote for a demolition uh a demolition quote this afternoon late afternoon.

Mr. to explain why that got here. I had a an Achilles tendon injury six weeks ago and I was finally able to get Alvin Hersburgger out there around a month ago, right about a month ago, but I didn't get the report until last night and I turned it off this morning and I sent it to Cy later on. I had seen Corey about a week ago and told him I was going to be sending it, but I thought I was going to have it then. I finally had to contact him about three times to say, "Look, I've got a meeting. I need to be able to get it in front of the board. I was assured each time, but it took a long time to get it. So now I have it. That's that's all I've got because I haven't been able to do anything with it because just got it. But that's where we're that's where we stand.

Okay. So you currently have a quote for demolition then. I think I have it here. Did you Did you print? I I did. I have it. I'll leave. Has it been finalized or accepted? No. This will require going to the bank. I mean, I could accept it, but that doesn't mean anything until I have to get funding. Unfortunately, for all of us, you know, my banker was Craig Langley and he's no longer with us. And so, I'm going to have to uh talk with First Farmers. Uh Mark Jones was my banker after that. He retired. So, I'm not sure who I have where to go. So, that's where I'm at exactly as of today.

Okay. More demolition seeking funding. Do I have a recommendation for the board? 30 days. Strong wines making a motion for 30 days progress. I second that. Second. Any discussion? All in favor say I. I. Motion carries. Thank you, Mr. Uh to be clear that 30 days will be next month. The voters. Thanks be.

Okay. The next one is unsafe building case 23-23 for Jeffrey and Heidi Hill at 6835 North 100 West in Denver. This is a 90-day progress check uh that was from the February 11th as well. Go ahead and let's start with the staff report, please.

Yeah. Uh again, I don't have a formal written report. There are photos in there. We were out today. Uh it does look like some siding have and maybe some of the roof has started to come off there. Um, I know that last time in February, uh, when we spoke to the Hills, uh, they were in the process of trying to figure out, they had a quote for a large amount and they had part of the money there, but working on the rest of it. Uh, since then, they were in my office. Uh, I don't know, that was a couple three weeks ago. Uh, just still working through some of the the nuances of the case. So, I don't know if they have an update at this point.

We did find somebody with the excavation. um he is a construction person who agreed to take the house down once we get the sighting and such off um and just take it out so that we can get the rest of it cleaned up. So that's a huge progress. Um we contacted my county solid waste to find out about a dumpster and what we needed to do because of the construction. They sent us to a company called Cocaalt uh like like two weeks to have the dumpster out there. um $800 and then that was for the smallest one.

That was for the small 70 and we're like oh we don't have to have that. But we we did put a call into solid waste because they said they would take it straight to solid waste and we could all go through them. So I contacted them. I'm still waiting for something to come back. Um we contacted Duke Energy about getting the power shut off from the house and moved over to a temporary status so that we can still run water and and uh electric out to the chickens because we do have chickens out there. um gentleman finally got back with me yesterday. His name was Noah and he said, "Yeah, it's definitely doable." And the H frame that we put up last year with Brian Campbell, um they said that did approve. So now we have to find an electrician and I'm waiting for him to send me people who are um familiar with the Duke Energy process and they did send me uh the gold standard book for that. So things are rolling finally in the forward position. Um so that's where we're at now. We do ask for that.

Thank you for Cy. Thank you. Yeah. I really appreciate how you've communicated. Thank you so much for working with Yeah. Mr. You have a question. Have you contacted Denver Fire to see if they would possibly do a control point?

Yeah. They said we have to sign the property over to them and they don't normally do that any longer. Um and then after the burn, we'd still be responsible for all the cleanup and whatnot. Um um but they may not give the property back. So right now it's the only place we have. So we're like, well, we kind of expect. So, um, but yeah, they said they don't they actually don't really do those any longer. So, unless it's like an extreme abandoned property type situation from the board on what you'd like to do, what's a reasonable time frame?

This 90 days has really been working great. Wintertime sucks because of my disability um and not having equipment and such. Um I took the siding down by hand. Yeah. Yeah. Um so and we're we're we can take it in all at once and we take in a little bit at a time. He told us so. So we're doing little piles. Right now the truck that he purchased the transmission went out. So we're everybody that has a truck now all of a sudden has transmission problems as well. So we're having real hard time getting somebody to get the lawn mower back over there. So, we've been we whack um which is comical sight.

I would make a motion we spend another 90 days. Yeah. Hopefully this, like I said, as soon as we get the power move, the guy's going to knock the itself down so we'll be able to power. Yeah. The gas guy. They just they can move it the wires and stuff off it. So, it's moving by slow. I have a motion for a progress check at the August meeting. had a second. Well, a couple. All in favor say I. I. I. Opposed. Motion car. Thank you so much.

And if you all have over the lawn over there. Thank you. The next one is unsafe building case 53-24. This is 2595 West Third Street Land Trust. That's at 2595 West Third Street in Mexico. This is a 60-day progress check from the January. Start with the staff report.

Yeah, this case actually started uh back in April of 2024 and we were back and forth on there was a rehabilitation order originally and then uh that wasn't being followed and no communication was being kept. So, uh, we did issue resend that rehabilitation order and issued a demo order on it. And, um, I'm happy to report that as of was there two weeks ago? April 27th, um, if you look on the right, that garage has been taken down uh, and removed completely. So, I did close out that case for us.

Okay. The next one, we're doing a 90-day progress check. These are on two cases 74-25 and 7525 for James and Ron at the 70 553 West State Road 218 and 791 State Road 218 Bunker Hill. Let's start with the staff report.

Yeah, if you remember back in December uh while we had been working on this in the fall, there was a demolition order against this. Um and then at the one the day before or the day of the hearing uh back this fall, we noticed that part of this had been repaired and so I rescended the demo order and put a rehabilitation order against this and so uh with the hope that things would continue moving forward. Um I have not seen any progress since then. Uh these are pictures of the properties from today and I have not had communication on this one. Okay, Mr. Mrs. here. Yeah. Do you want to give us any update that that you have on the two properties?

He's been working on it.

I have a contractor. He he has has license, has insurance. We tore the thing down and thought it was torn down enough and he had to go back on his jobs and I talked to him about three weeks ago and he said he thought by the end of the month he'd be caught up. We finished tearing it down. Okay. Well, if we if we check back in around August, then I think he's talking about a different case. I guess two cases, right?

Okay. So, are are you tearing both of the structures down or just the one? Not going to tear 553 down. Okay. What's what what's your plan with 553 then? It was a it was bought as a uh income property. Okay. So, are you going to are you going to fix it up or are we going to tear it down or what? What's your what what

I'm not going to tear it down. I don't have the money. You're talking 25 $30,000 to tear it down for five and have a sellable item. So what's your is your plan just to leave it then what do you you don't have renters in that property do you? No. Okay. So what what is what's your what's your plan with getting the structure fixed or are you just planning just to just just to leave the structure there? Didn't understand you.

Yeah. So, um, you know, we've been out and the property has been deemed an unsafe building. What's what's unsafe about? So, there was a public hearing that we had a couple months ago where I believe there were seven items that that that we that we went through where it's it's not structurally sound and it's not livable. And so we either need to get it we either need to get it fixed so that it's back to a usable structure or we need to demolish the building. Yes, Mr. He's working on them. Okay.

And he's he's the one 775 or whatever it is. 775. Can you hear me? Yeah. 775. Is that the one that's mod she tore down 791 791

791 he's he tore it down but he got they taken the the two and stuff out of it and then the other one is that 553 that one uh he's uh fixed the roof on it and put a garage door on it and he's done quite a bit of repair on it but it just hasn't got enough time to I've and he had to take care of me. And so if we could just have some extra time while So what I'm hearing is that your plan is you're going to fix it up. Yeah. Okay. The house.

Yeah. The one in 556. Sorry. I have a recommendation from the board. My motion that we table this to the IUS meeting to give them more time um with bringing the one property up to code and demolishing the other properties. I second that. We we'll be reviewing August.

Well, we'll be reviewing There's two cases, so we need to look at it individually. So your motion, I think, should have just applied to this case. You have a list of things that were inviolation that needed to be brought up to code and I hope that you keep working on that for the next three months in an attempt to come to standard with it. That's my motion. the August meeting. No, just for this one. One at a time for 534.

So, I have a motion and a second-25. Who had the second? Yeah, I did. For a progress check at the August meeting. Any discussion from the board on that motion? All in favor say I. I votes and carries. Okay, that still leaves us with 791 West K7525.

Okay. You were telling me uh I believe when we heard this one last time, you had a contractor that was working to tear this down. Um did do you know when he hopes to be back again to continue? No. Okay. motion that we postpone or um revisit revisit this at the August meeting. Thank you, Tim. Um and give them time to work with the contractor on the demolition.

I second that. in a second for progress backed to all this meeting. Any other discussion? All in favor say I. I opposed carries. Thank you guys. Can Can you keep me in the loop on as you fix up that the other the actual house, will you will you let me know when you're fixing it up? up here. What do you want to know? Uh, as you make progress, if you fix anything or anything like that,

if the roof is fixed, call him and let him know the roof is fixed. If the windows have been whatever was on the list that needed to be brought out the code. Yeah, you had you had them sent to you in the mail. He's fine for him. I can have that. So, just make sure to keep me in the loop, please. We'll give you 90 days, sir. Thank you very much. Okay, new business for tonight. We've got a couple permits. A permit 321-86 for Carrie and Picky World. This is a 1052 East 900 South in Bunker Hill. We'll start with a staff report on the A permit, please.

Uh Carrie submitted this request on April 22nd. Sorry. Um he would like to construct a 1536 square foot pool building to house his agriculture equipment. It would sit on a concrete pad and have a 200 electric service or into it. Um the parcel was split off and will be combined. It's just not finalized on elevated yet. Um where Terry's house sets to create few acres. So it'll all be included in one. Okay. No living quarters, no bathrooms, nothing like that. No plumbing either. Get lonely out there. He said he might move out there.

I don't I didn't see Mr. Warl here. Did I? I move through. I'll second that. I have a motion in a second. Any discussion? All in favor say I. I. Opposed? Motion carries. A permit 322-26 for Dan and Schwarz, 8617 North 50 West in Denver.

Uh so this came in on April 23rd. They'd like to build a 40x60 or a 2,400 foot pole barn uh to contain their horses. Uh they plan to put four to five stalls in there. So that'll be roughly half of the building uh which will have cement floors under it. And then the other half, oh, sorry, uh, misspoke. The half where the stalls will be all in uh, dirt and then the other half of the barn will be in concrete floors. They also plan to put in a small loft up uh, like 120 foot loft in there for storage and no electric uh, will go in there. Only water lines will run to the stalls. Uh, no bathrooms or living quarters are planned. They will be putting in a new driveway uh off of kind of road 50 West uh to get back there and as they start to build their new house too.

Mr. Ina Schwarz here. Beautiful piece of property. Do I have a motion from the board? I motion that we approve.

I second that. The first and the second. Any discussion on the motion? All in favor say I. I. opposed. Motion carries. Act permit number 32326. Curtis Elurn, 2026 North, 300 Eastern Peru. Curtis brought this into the office on April 30th. Uh he would like to build a 2,400 square foot pool building. The pool building will be used to store multiple various implements and farm equipment in one part of the building. The remaining portion will also be used for hay storage. There will be no bathroom, sewage, water, or electric or living quarters. Um it will sit near the front of the property approximately 260 feet off the front or east property line and will sit approximately 40 feet off of the side north property line. He is going to construct the building himself.

Is Mr. Albert here today?

Any other discussion? All in favor say I. I opposed. She carries. Uh, next up is a 2025 year review report. Uh, so just looking at this, uh, if you're okay with that, knowing that BZA has to start here soon, I would like to maybe push this to next month so that we don't have to rush through. That would be great. Any other public comment before? I just have a question. Is it true that you guys made everybody in the hallway leave? because I've received multiple texts that they were ushered out by the deputy. Is it

I was speaking to one of the deputies. They thought that when you had asked somebody had asked that they leave after somebody was booing, the deputies thought that they were all supposed to leave at that point. It was just the individual. There were people who wanted to stay, but they were ushered out by the deputy that this maybe we need to be clear on our communication next time because there's people who wanted to be here.

PCA will start right after this meeting. Do I have a motion to adjurnn? I motion we adjourn. Second. All in favor say I. opposed in five minutes. So relax.