Planning and Zoning - Regular Meeting

hear me? Those are not Oh. Oh, this is for Facebook. So, we need to talk louder for you guys as so y'all can hear. Well, okay. Thank you. Okay. Welcome everyone to the um regularly scheduled meeting of the Franklin and um Franklin Planning and Zoning Commission March 3rd, 20 um 26. And we're glad that you're all here. We're glad that you're taking time out of your busy schedules and especially this beautiful afternoon to be here with us. So, thank you all for being here. Let's open with a word of prayer.

You all will bow with me, please. Dear heavenly father, let us thank you for all the wonderful blessings you give us and let us not forget them. Give us grace and wisdom as we go throughout this meeting tonight uh to perform the duties that are assigned to us. uh be with the country as we go through some turmoil currently and uh be with our city and county as we do the same. Your name, Lord. Amen. Amen.

Thank you, Justin. I appreciate that a great deal. Um we've got three sets of minutes to approve. So, why don't we um get started. The first set of minutes is January 20th. Did you gentlemen get a chance to look over January 20th? Okay. Is there a second? Second. Okay. Motion is made by Mr. Keley. Mr. Hanninger seconds. Any further discussion before we approve or disapprove? All in favor say I. I.

Motion passes unanimously. Second up is the February 3rd set of minutes. Did you gentlemen get a chance to look those over? Okay. Yeah, I'll make a motion we approve those as well. Thank you, Mr. Keley. Is there a second? Second. Okay. Thank you um very much, Mr. Mayor. Any discussion? All in favor say I. I. Motion passes unanimously. And third, uh, the February 5th meeting, the most recent meeting that we have had. Did you guys get a chance to look those over? And I'll move that we accept those minutes. Okay. Second.

Any Okay. All in favor? I. Any opposition? Motion passes unanimously. Um, Mr. George Weissinger has served this committee for a long time. I think seven, eight years. and he is still a member of this committee, but his wife is terminally ill and he wanted people to know that. So, if you all could please keep him in your prayers, that'd be great. He his wife is in the hospital this evening, so he's not able to be here with us. Could you say a word of prayer for Mr. Weissinger and his wife before we get started? Thank you.

Lord, put your hands upon the Weissinger family. uh grant Marsha peace and rest and do the same for George as we know this is a very trying time that for some of us we have yet to encounter but we all will eventually but just wrap them up in your love and grace and give them the peace that they need Lord in your name amen

okay before we jump into new business we're uh going to go over a few a little bit of housekeeping thing. If you're out of order once, you'll be called out of order. A second time, you'll be escorted out. We don't want to do that, but we we have to. So, that's how this is will be. Out of order once, and second time, no, you're escorted out. So, please don't get upset if that should happen. Thank you very much. Okay, new business before also make sure everyone's phones are on silent. Uh this is not a public hearing, but we do ask that you keep the chatter down amongst yourselves. We have a full house and uh we really need to try to focus on what's before us and be respectful of the project before us as we go down the pike. And the court reporter because she needs to hear what Okay. Let's jump right in. Drive located on Federal Street. Who is here representing Flex? Hey there. How are you?

Good evening. I'm Scott Randolph. I'm with Ker Randolph Engineering and Surveying. I'm not the owners, but I've been working with the owners on the site design for this project. We've got preliminary approval some time ago. So, we're here for final. Had a lot of correspondence back and forth with city and Richard Jones to get the drawings worked out and I think we've gotten everything satisfied. So, just to kind of tell you the site, it's a corner of federal and commerce. So, it'd be behind Dollar General Market Auto Zone. that building across Federal Street from the Franklin Simpson Schools Transportation Building and then across Commerce Street from Max Plants. So, right now there's one building located kind of where the parking lot is shown at the southern part of the plans and we're proposing three new buildings. The probably the biggest question that we had to go through was working out parking. So, it's a B2 zone and we don't have enough parking to support the maximum required parking for the use that that's allowed in a B2. So, the use will be somewhat limited. What we're proposing now, basically the northern two buildings, the two bigger buildings that are faced north to south on the on the plan. We're proposing those as warehouse type uses right now. So, we have no parking for those to stand on their own. Then the third building is down closer to Commerce Street at the bottom of the page and it has parking lot on Commerce Street side and then also a bigger parking lot behind the building with that. It would be allowed to have any use that's allowed in a B2 zone could fit in that. We have more than enough parking for it. We have some extra parking if for some reason the owners, you know, have interest and want to use one of the other two buildings for some other uses. there's extra

parking on the southern lot that could be shared if we need to. So, there's notes on the plans and stuff to state that the use will be somewhat limited by the parking. So, for now, the way it's drawn up, there's three separate lots, three separate buildings. The two northern ones would be warehouse type uses and the southern one at the bottom could be any use that's allowed in two and they don't have plenty of parking for those. So utility wise everything's there. We're putting in a new fire hydrant in front of the middle building there up on Federal Street. Storm water detention. There's a big detention basin currently at the back side of these properties where it kind of backs up to the back of Autozone General Market in there. Carter, can you pull up the elevation for

So this is on Commer Street right behind Dollar General Market across from Maky there. This right by the bus garage is what we're talking about. So what do you plan for this building on commerce or the one you know commerce street? What is that? Is that going to be storefronts or Any concerns? Order. Everything in order. seems pretty straightforward. I'll make a motion to approve

final development plan. Final plan. There's a motion on the floor by Mr. Keley. Is there a second? Okay. Mr. Mayor has made a second. Any discussion? Okay. All in favor uh raise your right hand and say I. I. That motion passes unanimously. Thank you. And it is um let let me

Okay. Oh, appear. Yes. Okay. So any of our guests or anyone here that's proposing, please um speak into that mic there. Thank you. And it's live. Okay. Okay. It is hot. Okay. So that was flex drive and uh a final development plan. And Mr. Keley made the motion. Is that accurate? And Mr. Mayor seconded and uh it was unanimous. Thank you very much. Bell & Cook the second LLP is here to request a final development plan for Frank Franklin Place subdivision located on Nashville Road. Hello. Hello.

How are you? Hello. Uh again back for for final um at the last meeting uh there was some discussion about uh landscape requirements and so forth. So we we're prepared to Those big trees look good. Those giant trees.

Yeah. So, we've come up with uh with something we think's attractive on that. Um we did have uh after the last meeting, we got some more comments back from Richard. Uh we have addressed most of those, but I believe he's out of town and he has uh we haven't uh finished closed the loop with him just yet, but uh not not nothing real major there. Just uh had to add a few things uh and address landscape primarily. Um so this is the development. Uh I think u see down here at the bottom along the single family or that will continue on around and follow the rest of the single family along Walmart also proposing trees That's buffer. And uh with regard to the remainder of the area here we want to uh since that's going to be another commercial development at some point. We'd like for that requirement to be dealt with when that happens as opposed to here. Uh quite frankly, they may have a different type of screening requirement. Uh the hope is it be some sort of nationwide uh business uh that comes in there uh retail of some sort and uh would like to give them the flexibility to do that. Um

but again you would that would come before this board and you would decide uh and could discuss that with them. So So you want us to require them to do the the landscape buffer when they come in? Yeah. Okay.

Yeah. So the idea would be they could propose whatever they whatever they would like and then you would you would then have the opportunity to review and approve what they're proposing. Um we have uh couple of changes uh that came about through Richard's review. We're adding of uh dumpster pads uh and mail kiosk. Um at this point we're we're dealing with uh we had initially had the mail kiosk on the road. Uh we did get the postmaster to review and approve that. However, uh through talking with the owner, they kind of preferred it to be more centralized and and what we're proposing now is to centralize that with the uh the mail kiosk supporting both this development and the uh the single family. So, they'll be all lumped together. You drive right by them when you come in. So, that's what we're proposing there. So that's off the the main drag as opposed to inside the subdivision.

Yeah, I didn't explain where this is at. I assumed everybody knew. I'm sorry about that. This is off 31W in behind Walmart. Um and the new road that's been built off of 31W comes in will come in. There'll be a commercial lot on either side of that main drag coming in. And this sets uh coming off 31W onto that road. This will be on the right hand side in behind Walmart. So Walmart says

So with that, we're we're here to answer any questions. Um so what kind of trees did you say were going to be between Walmart and this development? Arborites are you going to get some relatively mature ones or the ones that grow fast? Nice. Yeah. Some, as you know, grow faster than others. I'm sure you know all that. I was going to say, is it we just doing regular ones or we doing the green giant? The emerald green giants.

Yeah. The emeralds I think are slow growing. So, the Green Giants will go.

Oh, yes. Yeah. Yes. Already ready and in place. Ready to go. Hello.

Yeah.

How are most of the Are are people and this is a random question but are people holding are the HOAs holding up or depends on the neighborhood. Some are yeah so much of that is ne neighborhood and the chair and things like that. Hopefully this will be successful. Is the landscaping behind 9, 10, and 11, and 12? Is that what we're talking about? That you don't want to do anything now? That's correct.

Okay, Carter, do we need to include anything as a as a binding element that says we're not going to do anything now, but they'll at least do what matches the other or something like that? Okay. So, I if and when we get to a motion, Mr. Mayor, that could be included in the motion as a binding element just so it's all stated in the record.

Mr. Link, do you see anything that we should be concerned about? It's all fine and we've seen most of it before. Yes, sir. Mr. Monday. your expert. Thank you. Thank you, sir. Thank you. I'm prepared to take a motion. Madam Chair, I move that we accept the final de development plan for Bell & Cookook 2 LLP for Franklin Place subdivision located on Nashville Road with a condition that down the road whenever the new commercial moves in that they either match or go above for the buffer zone. Thank you. There's a motion on the floor. Is there a second? Second.

There's a second. Do I need to repeat that motion or do you have it down on that end, Miss Court reporter? Fantastic. Boy, I like it. You listen well. Uh, any discussion? Okay. All in favor, raise your right hand, say I. I.

Any opposition? Okay. Motion passes unanimously. Okay. You're welcome to exit if you like. Those of you that And we can have some people sit in these seats if you all want to be seated. Some of you that are still standing. Is there four seats at least? And there is that one available or no? Okay. Okay. Mr. Monday, they're having a hard time hearing you over in this area. So, if you could speak up a little bit, that'd be just great. Thank you so much. Okay.

Oh, this one. Okay. Okay. Um, someone does someone want these seats? Please take them. We're getting pretty good.

We still have one empty seat up front if someone wants to sit. What's the deal on that one? She's waiting for someone. Someone's coming for this one.

It's okay. Okay, we're getting ready to uh get to the third element. Again, one out of order and the second time you'll be escorted out. Don't want to do it, but that's what we have to do at this time. Uh, if everyone could please make sure your cell phones are turned off or at least on mute. Thank you. Okay. 10K Land Company LLC to present a preliminary development plan for data storage and service center with power manufacturing located at 421 Steel Road.

Okay. So, we need to take get that off the table.

Yes. It has to come up for any action. I'll just say I wasn't uh consulted about having it today and I tabled it last time to have more uh time to think about it, but I do have some questions I want to answer. So, I'll make a motion to bring it off the table.

A second. There's a motion on the floor to bring it off the table. Is there a second? Second a vote and a vote. All in favor of untabling it say I. Raise your right hand. I I. Mr. Mayor, you're abstaining. I'm opposing. You're opposing untabling. Okay. Any opposition? Okay. Thank you very much. Okay. Um, Mr. Link, how should we handle this? just go down for the questions that are still out.

We have already gone through it all and what we're here for tonight, Mr. Kempley moved that we uh table it for discussion. So, at this point, we're ready for discussion by the board and then a vote. Okay. So, I have several questions to ask if y'all are if y'all are okay with me taking over for a few minutes. and some of the people are here representing Tim Key if you have questions. I got questions for multiple people. Yes. Okay. All right. So, uh first off, uh key who who do you all have representing you? Yeah.

Yeah, sure. Please, sir, if you don't mind that way everybody can hear you. Certainly. Greg Tutton, uh legal counsel for Teni. I also have with me today Adam D. Simone, who can answer, uh questions. He is the lead developer of the project. All I'll ask is whenever they're gonna take remarks, take them up, take it if you like, too. Sure. Thank you. You can just you just come up now. No. Yeah, it's fine to doesn't matter. Uh so on the water consumption, um can you verify what your maximum water consumption is going to be that y'all have stated already? Sure. I sent this my phone. I might have to take it out to look at it.

Thank you. So we have requested for the data center buildings approximately 25 gallons per 48 75 employees per building. So that's a total of 5625 gallons per day for the buildings data set buildings. Uh we've also requested 4,800 gallons excuse me. Oh yeah. Maybe if the micro was closer. Well it's not it's only on Facebook. So they need to speak up loud here.

So the way we designed the system is to minimize water usage. Um so we're really focusing on domestic water only. Domestic water for employees, bathrooms, handwashing, maintenance in the buildings. So we've requested uh from Warren um or I'm sorry, Simpson Water District um 5625 gallons a day, 5,625 gallons a day. And that breaks down three buildings, 75 employees per building at 25 gallons per day, which is the engineers suggested numbers uh for the domestic water. Uh we've also requested 4,800 gallons a day for processed water. And there's been some concern about what that means. So when you do a closed loop system, right, which we intend to do to minimize water, we charge the system. We annualize that number. So that 4,800 gallons a day is for an annualized number for charging. Okay? Once it's charged, it's charged and then there's very little top off after that. All right? It's the way it's designed and built. New data centers actually prefer this way. The new data center clients prefer it this way because they're environmentally conscious um despite old data center technology. Um we also had a question about um the the delta between what we requested and we had 1125 gallons a day again annualized number for extra sort of allowance. Okay. Um and that allowance is for fire systems or any other maintenance requirements. Okay. So let me think about this. Um your we have a final development plan tonight for Kroger that is going to be located on the site as well. Uh Eric, am I okay to say your water usage?

Okay. Well, for instance, they have more water than us being used per day. Okay. So, that's just business, right? I mean, you use water to facilities. Sorry. Sorry. Does that answer your question? Yes, it does. Uh I have a question for a couple other people on this. this too. So with the consumption rates that they have stated uh Mr. Monday uh if we if this moves forward today, how do you see us making sure that th those conditions are met yearly and that they don't exceed that? What kind of checks and balances are going to be put in place?

They will have a meter. That's one. They exceed I just want to make sure you're talking where they can hear you. They have a meter. Just hang on. You hear me?

Yeah. Yeah. Sorry. All right. Listen to me. There's a limited amount that Simpson County Water District provided. Okay. That is on the letter head that's in your packet. All right. It is on a meter. If it exceeds that, then I'm sure countywide district will contact that respect and say that can't provide any more or imagine how much margin more they can provide. That's where I'm at. They said they can provide based on estimates.

There's nothing this board can do conditionwise to make sure that that happens. If it does go forward, put a binding element on it, but they don't control that. Yeah. Gotcha. Yeah, I'm with you. Just a question. I have a lot of concern in the public about it. All right. U move on to my second question. Derek, you speak up a little. Thank you.

Yes, I will. I'll move on to my second question on wastewater. Uh y'all stated that y'all would not be putting anything to harm the waste, right? Uh what kind of what's going to be in place to make sure that that happens that we don't affect any of the waste water? The city has them at this moment not qualified to apply for sewer use permit for the dust

based on what their output is. Now that can change. They monitor sewer line at the pump station. Okay. They will monitor there once a month possibly. I can't speak for the city on that, but I would imagine that they're not just all the time. Okay. They're going to keep an eye on. Okay. Point being is that once they step over it, they're compatible, noncompatibar, what have you. There is also y'all stated that uh the power generation is going to ancillary. Correct.

That's correct. And it's only going to be used for use for the data center. That's correct. For the warehouses, we want to call it. Uh now, if it was used to to provide power to Warren Rule Electric, then it would become manufacturing power. Correct. I can't speak to that. That's not what we've proposed. Well, we we physically cannot provide power to the RECC the way that the project is is designed. We would have to get additional approvals and build out additional infrastructure to sell power on to

that's correct. Yes, that would require a number of other approvals, but we don't anticipate that. stating that uh back on October 21st meeting uh you had a guy testify, Mr. Brownie, and he said within five to seven years that uh you would be possibly hooking up to Warren Electric and supplying power to Warren Electric. That's what I went back and watched the video. That's what he had stated. Can you clarify that for me please?

I'm sorry. I'll speak I'll speak louder. I'm sorry I can't hear any of Yeah. If I can I think so I wasn't at that meeting. Let me clarify. My understanding is that he was talking generally about what it looks like if he were to go back onto the grid with the power generation, but nothing that we have proposed here nor anything that we have filed with the state or that we intend to file with the state or the federal government suggests that we are going to sell power back onto the grid. We would again we would need a number of additional state and uh probably local approvals in order to do that.

That's a whole another development process. Well, it's for one thing, you have to have a transmission line in order to do that. The state regulates transmission lines. We'd have to get a permit just to site the transmission line from the state to do that. So, it's under the current proposal and the way that it is proposed, it is physically impossible to sell power back onto the grid from the the generation that we're we're proposing to build.

All right. I'll just get one thing out of the I just want to make sure I'm not against industry moving into Franklin and bettering Franklin. I'm just as anybody any contractor knows here. I'm about protecting the community, protecting the neighbors, and that's all the reason I'm asking these questions. So, I just want to make that statement.

No, and we we certainly appreciate the question. We're happy to answer the the questions. I think from our perspective, part of the reason that the project is cited where it was is because back in 2008, the community decided this area was appropriate for industrial developments. It was zoned as I2 before Teni came along, started to develop this project. So, the project isn't asking for a change in zoning. It's not asking for a variance. It is simply proposing to build a project that is allowed under the city's laws. The objective standards for a preliminary development on an I2 property is what the project has put before this commission. They're trying very hard to comply with the city's requirements and to comply with the city's intentions for this property. That's why the project was proposed the way it is.

Yeah. I'm just trying to make sure that we're following our zoning laws that we've had put in place. And then when we started reviewing this, then I get thrown out that there's SIC code that trumps our trumps our ordinances. And I'm trying to understand and learn that. I would like the next question to be uh for you to explain to me how the SIC code makes it legal through our uh zoning regulations. when our zoning and regulations say that like you stated in your letter on uh y'all sent to us on November November 25th on the back page that power generation is manufacturing clearly stated and I want to know why the SI SIC code makes it where it's not conditional use that's because when I read our zoning regulations it says that it's supposed to be under conditional use and then I get told that the SIC code says that it's not. So I need, you know, you articulate why that is. So I'm going to ask the same question of Bob and Carter next to explain to me too because they they advised me and I need that clarification to move forward.

Yeah, Commissioner. Guess part of the reason that I have a difficult time answering this because I'm not entirely sure how this is uh founded in the preliminary development plan approval which has sort of these objective qualifications that we've met. So I think that's part of the reason that I'm struggling is I feel like that's not this discussion isn't central to what it is that we're uh required to commit to. So to try and answer your question though, um the SIC codes are commonly used by planning and zoning developments. They are used by the federal government. They are used across a variety of regulatory agencies, state, local, federal, throughout the United States to determine what is a use and what is the intent of the project. And so that's a big part of the reason that SIC codes exist is for this type of situation. And so that there is uniformity across the United States from the local government to the federal government how particular uses are viewed in terms of specifically your community. I think probably Carter and Bob can answer that better, but I I think that's the best perspective that I can give you on the SSC codes. Hey Derek, when just to clear the air, I know you talk about this being a prelim meeting. We all understand that this board's biggest hangup is should we be here to start with? I.e., is this a permitted use or is it a conditional use? And that's where Derek's coming from is yes, we understand checking the boxes for the preliminary, but should we be at that point? And that's kind of what he's trying to figure out in order to make any movement forward is where are we and are we in the right area or do we need to take a step backwards

if I may I think that your own code decided that when it was written. I think the code decided that this is a permissive use within I2. I think that Carter, who is the technical expert on this particular aspect, has addressed that a couple of times. Um, and so I think from a legal basis, I think that that that question was answered before any of us in this room started this conversation. Um, and so we are working with the structure that the community has. the structure was different, we would work with that structure. But we are proceeding in good faith with the city and the community's laws.

And we can appreciate that we're just trying to find the clarity that we need in order to make anything going forward to make sure everything we're doing is right. That that's what we're tasked with is to make sure all of our decisions are the correct ones. Mhm. And when you have information that kind of half a dozen one way, six the other, it kind of makes you go, "Well, which which decision is correct?" And that's kind of where I think Derek is coming from is what are we doing and how do we do it to make sure this is the right decision. And I get what you're saying, but that's also something that sits on us. Yeah.

So, I I certainly understand that. And I think, you know, for, you know, whether you agree with the situation or not, I think that the two people that have the most to say about that is Carter and Bob. That was the second part of my question. I'm going to have them answer that for me, too. Okay. All right, everybody. Can I get through my question, please? Thank you. All right. Mr. Carter, could you help uh clarify this? I know you I trust your opinion because you've been here for 30 years. you know a lot of zoning law and I I want to hear your take on it.

Let's let's start at the beginning. Okay. This is not the only one as a lot of people might claim that I have cross referenced in SIC. I'm speaking as loud as I'm going to speak. This is not a public hearing. Do you understand me? No, it's not. Everybody, you're welcome to be here, but it's not a public hearing. I'm talking to the board. They're the ones that concerned right now. They have asked me the question. All right. All right. Can I get the answer, please? Thank you.

First of all, whenever I get an application, I look at what the uses are. In this case, I looked at two different uses on the same property. On that same property consisted of a power generation and consisted also of a data center. Okay. Okay. When you go to our regulations, it includes a service center. It also includes a storage warehouse. You go to the SIC code book and I do that keep us out of a lawsuit. You plug in service centers and you find data centers as one of the many services in a service center. You also find in when you plug in data centers, you find warehousing and storage under the same SIC covers. So therefore, that's why I chose to go that route. Now, let's skip over to power generation. When a facility is being proposed to be built and it's going to rely on power generation, power generation is a form of taking natural gas, making an end product electricity produce. if it's exclusive to the facility it's going to support. And this is common knowledge in the industrial area. I did this in the laundry business for years. We designed plants that took steam from a boiler and made its own electricity in a plant. So, however, they're taking electricity taking gas and burning it through a turbine to generate

electricity for a data center. Therefore, it's exclusive to that property to support Singular the data center. No public service at all. And because of that, it falls under the same SIC code. Okay. And so why does the SIC code so it's just a definition? It's not or is it a definition of use? Okay. It's more clear definition and it says that it's not manufacturing power that it's ancillary.

It's ancillary to the facility that will be operated because it's a needed single use supporting that facility. They just throw me off because their letter to us says that's manufacturing. That's what and it's under the you know the I2 zone regulations. Once I read into it, it puts me in the place of thinking it's supposed to be conditional use. So, I appreciate it. Mr. Carter Bob, do you have anything to add to that legal side?

No, not really because we've printed out all the SIC codes because I question Carter. We printed out the different sections of the SIC code that apply to this because we wanted to make very sure that what we had fit into a heavy industrial setting. Now I will point out to you that this board does not grant uh conditional uses. That is in the purview of the board of adjustments. The board of adjustments after the city and county split has three members only. That board is not equipped to handle anything like this like planning and zoning. And in fact, I've already been told that they will reject it if it's sent to them. They will not hear it. Um and just so people understand this board can make 10 key come back and come back and come back as development proceeds as far as design. Okay. They can make sure that they're happy with each. You know, there's a lot of going on here. We've got power generation for the ancillary use. We've got the buildings. We've got uh we've got a new road coming in. We've got lots of moving parts. Every time we're considering a new moving park, this board will consider it. And if we don't like it, if the board doesn't like it, I'm not a voting member, so I shouldn't say we. If this board doesn't like it, they can send

them back to revise a particular drawing or plan for that aspect. So just and tonight all there if you look at the sheets when you get a when you are getting a preliminary development plan approved we have a full page of items that are questioned. All they have done is sent the first required items for a preliminary to show from the city and the electrical companies and utility companies and sewage companies that they have available power and water and whatever it may be to support them. It's the first five five items first four items on the checklist. That's all you're doing. That lets this group of people proceed with making further plans, coming back before us the next time they've got a more sophisticated plan. And I think you'll agree with me that on something this big, you we may have to get you in here five or 10 times as we look at new aspects of it. So

we would hope to be more efficient than five or 10, but certainly we expect to come back a couple of times with the design aspects and all of the information, but they could, you know, they could. Yes. And and like Bob said, that is a lengthy list of items that we need to prepare for a final development plan. So we will have exponentially more information at those stages than we possibly can at this stage that this board can control the development.

And that's not my concern. My my concern is not that we can control the development. My concern is that we're following our zoning laws and that we're doing what we're supposed to be doing. That's the only reason I question that C code making it legal within our zone.

I get it. Keep in mind that an I2 zone is the heaviest industrial use zone that there is. Okay. So this is an I2 zone and these when you buy property the one of the first things you do and we have to do it with companies that buy properties is come to planning and zoning and say we want to buy a property but we need to know what the zoning classification is because that they're not going to buy it if it's not zoned properly. or they're going to put in their contract it's contingent on getting correct zoning. Now, in this case, they came and discovered that it was zoned heavy industry. So, you cannot backpedal. You cannot jerk the carpet under somebody that has bought property when they have come to planning and zoning and learn what the zoning classification is. So, I'm not trying to be argumentative. I just want you to understand this property was purchased as a heavy industry property and there's no doubt about that. It is zoned I2.

Yeah. Let's I was on the board. I mean, I was the attorney for the board when it was zoned I2 in 2008. So, I have no question about that. My my question is whether it should be conditional use and whe I mean whether the board of adjustments is handled equipped to handle it isn't my concern. It is not. It's not my concern. It's just my concern whether is it supposed to be conditional use or not. That's all. And that's what I'm trying to get in the only reason it just

the only reason the conditional use has come up is the county passed an ordinance and said that they want these to be conditional uses and the lawsuit that the county has going on is to get a court ruling. Does the county have any business saying what can be done within the city limits? Everyone thinks the answer to that is no. But that's why it's in Simpson Circuit Court. I'm not going to They're not suing this county. They're suing for a determination. Well, that's not my concern.

Okay. My my concern is our zone. When I read my our laws, our zoning, it says that anything, you know, if if we're going to classify the power generation as manufacturing, they say in their letter to us that Carter said, I think got so many letters. But anyways, on the 25th hearing, October 21st hearing, sorry, that it was manufactured under the I6.2 two zone any manufacturing under uh 816.3 subsection Z says any manufacturing industry included is additional use. So now with the I have to understand how the SIC trumps that and makes it where it's not.

Commissioner, if I may, I think I uh

I think I understand some of the confusion. Okay. The intent of the letter is to say that if these were considered separately that the generation would be considered manufacturing because under state law if you look at at generation as a standalone then it's manufacturing. But that's not what we have here. If we were to sell energy onto the grid or if we were to sell it into the wholesale markets that are in this area then you could consider it to be a manufacturing use. But because we're exclusively using the energy for the data center, it is not a ma manufacturing use. It is an ancillary use to the data center.

That's what the letter was supposed to convey. And if it muddied the waters, that's I'll take the blame for that and apologize. But that is what the letter is supposed to convey is the only way that the manufacturing use comes up is if there was energy being sold into the markets from the the the uh the natural gas turbines and that is as designed physically impossible. So maybe out of scope, but my last question will be uh if you do put this in, who's regulating it? Who's making sure it doesn't damage the community or the public? Specifically, the the data center, the manufacturing, the whole thing, the whole thing.

So planning and zoning is going to have jurisdiction over it. The uh state's energy environment cabinet is going to have jurisdiction over it. The US EPA is going to have jurisdiction over it. Um, there are subsets. The sighting board may have jurisdiction over it. Obviously, this board has jurisdiction over it. Probably the building department. They're probably going to need a building permit. They're going to need an electrical permit. Um, there's probably more. Oh, certainly the energy environment cabinet, both air and water because if there's any sort of a storm water and during construction, they'll need a wastewater permit. So there are who's the expert on data centers? Are you the expert?

Yeah. So it it's I wouldn't say that there's a specific expert on data centers because it's a super complex project. So there are people that are experts in different areas of it. Adam heads up the team and oversees it, but I wouldn't say that he is the know expert for all things death. So what kind of inspection rate will it or frequency will there be? Will it be a yearly inspection of the premises by the state? Uh I know we get place I get work gets air permits and they have to be inspected. Who who's it what kind of frequency is that going to be? Do you even know?

So I think those are typically so the state usually does uh an annual inspection for each permit. So, if there are multiple permits, there will be multiple inspections. You can also call anybody in the public or certainly this board or the mayor or anyone can call and request an inspection. They usually try and do those within 24 hours so they can be out there to do any sort of inspection. They do spot inspections and then the USPA will also have jurisdiction to come in and do their own inspections. If they feel like the state's not doing a good enough job, USCPA can and many times will come in and do their own inspections. And that's just speaking on the environmental aspects. On the other aspects, you know, I would have to get someone else to speak more in depth on those.

So, Bob, hypothetically, they got this through and they failed an inspection. We get word of it. What's our What can we do to it? They're going to already have had it done to them. The state or the federal people are going to shut them down, right? If you fail an inspection, are they automatically correct?

Yeah, the state and the and the federal government on environmental issues have extremely broad and sort of thundering authority. They can come in and tell you to shut down. Um, they usually don't start with that. They usually start penalizing you. Their authority is $25,000 per day per violations and that's tied to the consumer index. So, it's actually considerably more than that if you see it at this point. Um, so it can be pretty punishing penalties in a hurry. Uh, because a lot of times these air permits are super complex. So, it's not like they come in and there's one violation of your permit. There's typically if there's a violation, they ding you for multiple violations of that same permit per day. So, you can be in six figures in 10 minutes on the first day. So when you get these kinds of permits, it is financially only responsible to comply with them. It is financially irresponsible not to comply with them. The the environmental structure in the United States is old. We don't have new environmental laws. I mean, it is cheaper to follow these laws at this point than it is now.

May I say something? Yes, sir. Wow. I have filed title 75 natural gas to burn natural gas on exhaust.

Okay, they base that on your usage. Okay, you're above a certain minimum, then you're a title one. Okay, class one generator of emissions. And they got several different classes that elevates usage of gas. So it's based upon your usage. Now if their usage is high, obviously they're going to be up here. State monitor mine. Okay. I'm sure the federal government will be watching. I'm sure that the state will be watching. And far as the sewer, if they get over on the sewer, sewer will be capped. I promise you that, too. That's just the sewer use ordinance is like that. sewer use or sits like that your search charge on oil and greases noncompatibles get in they will cut you off.

Okay. Okay.

So I guess to summarize Commissioner Kevley this project is heavily regulated right? I mean, there are multiple levels at the local, state, federal, um, uh, regulatory agencies that are going to have eyes on this project from the moment it starts construction until the day that it has been fully decommissioned. Um, there is no incentive not to comply andor exceed with all relevant laws because it's just I mean, business sense, it's cheaper to follow the law than it is not to. and it's cheaper to exceed the requirements so that you don't have accidents where you violate the law. Um, this is a A1 project, right? I mean, this is sort of the top-of-the-line data center that they are proposing to construct. It is going to have A1 clientele, the top-of-the-line operators. They are not looking for a project that is going to barely meet the minimum. They are looking for projects like this that are going to be as safe for the community as humanly possible. So with that said,

sorry. So with that said, u if it did happen to go forward and we asked, you know, say for energy generation, uh on the gas turbine where you stated in I can't remember what article it was that you could be under 50 dB, you're going to be able to meet something like that. So if we come back and there are requirements c for certain decibb for as part of our development plan then we can talk about meeting I am so early in this process I don't know what all of those are but certainly there are setbacks there are sound walls there are vegetative buffers and all these things are anticipated to be uh uh worked into the development plan where they are necessary um there's going to be significant buffers between the joint joining property lines between anyone that lives in the area. Um, so these are the kinds of things that will be developed into the development plan before we even come back and propose it to you. Our goal is to come back and you look at it and you say this is A1 project and it addressed every concern that we might have had. Right. I'd love to come in and you approve it on the first go round. I I understand that's unlikely to happen, but that is going to be our objective.

Yeah. And lots of litigating sound and of that nature. Yeah. I mean, these aren't, you know, the it's right next to the highway. So, part of the the benefit of building it there is there's already a fair amount of background noise. And noise, the way it works, it doesn't work exponentially. It sort of builds. So, there are a bunch of benefits to where the project is cited in terms of controlling noise.

Ma'am, you're out of order. I got a couple questions if y'all don't mind. Uh, in the hypothetical if this goes forward, you know, there's no nothing binding you all later on, not to try to manufacture energy. Is that something you all would be opposed to to kind of say, "Hey, we have no plans. This is And it's a general statement. I understand that. Yeah. I would say that um

because for us to vote it in as ancillary and then in three years time you all turn around and try to sell power, you know, to go through that process that that's kind of a slap in the face.

Yeah. And I I understand your perspective. Um I haven't considered that question or talked to my client about it. So I would need to think about that. Um, but I will just reiterate there would need to be um almost certainly approvals from this board to even do that because we would have to construct a transmission line and probably a new substation to get the energy to the local uh cooperative. And so we would have to come back here to build the physical infrastructure. So even if you don't put some sort of a requirement on it, this commission is going to have control over that because physically it cannot happen without additional equipment, infrastructure and buildings to make that happen.

Okay. Uh another thing so as Mr. Keep has brought up with regulations, uh one of the other things we have to look at is our comprehensive plan. Mhm.

Uh on page 88, objective A5, and I'm going to read this so I don't screw it up. To protect, buffer, or otherwise preserve significant natural water courses from urban development. Action step five, establish protective zoning regulations and land use policies that prevent urban development in significant natural water course areas, including the Drakes Creek, Sinking Creek, and Lick Creek corridors. Now, as we all know, this entire county is cared. Um, and so some of these corridors run out that direction with I know you've done some geological testing for the Kroger. I understand all that. Have we done anything looking towards this property? Because I know it's same land but further down. Uh, if we run into that in geological test because that is going to have to happen for this to ever go forward. uh do we have any thoughts on how to mitigate that?

So there are a number of things about that. Um number one, I know this the answer is a little bit tired, but we're super early, so we don't have a lot of information about it. We have looked at the state sort of geological maps where cars features are where we believe them to be, but those are like kind of educated guesses. Before this is built, there will be geotechnical that goes out and actually looks at the at the structure. Um the state will require this project to have a uh a storm water plant and a storm water permit before it it commences construction that will take into account these carsted features. Um you know there are uh there's going to be a lot of money writing on making sure that the carsted features aren't in the way of this project when it's constructed because the last thing you want is a sinkhole open up underneath your two billion dollar data set. So there is going to be significant amounts of investigation onto exactly those issues before it is built. That is something that I anticipate that we will come back with a robust study and a robust in investigation in terms of where are the cars features, how can they be protected and how can they frankly not impact the data center. Um so that that is certainly top of our mind. That was one of the earlier conversations that we had. we're talking uh but we don't have any of that information yet. It's just we're too soon in the pro in the process.

Uh I've only got one more for you all and I've got one for Carter. Uh and Adam, you may be able to answer this. I don't know. I've tried to stay off social media very very much here of late, but I know there was talk about the uh cooling systems. Uh and there's I think in our first meeting back February to January 20th, we talked about the evaporation on the coils and whatnot. uh containment wise because we can't get any of that in groundwater and as we've talked they can't go to sewer either without a pre-treatment plan which this does not have uh online that's basically what it read was we're going to have a containment area if we have to discharge for some reason to clean and refill then that fluid and chemicals goes to a recycle facility is Is that kind of what I what I'm trying to gather here?

I'm a little lost with the question. He's asking the system with fluid with the water cooling. Is that right? Yeah. So, okay. With a cooling system, uh, cooling loops, as we know, it's filled with water and chemicals and as it goes across the coal, it some of it the water will evaporate over time. And that's what he was talking about earlier about they will have to top off from time to time. Well, what is going to capture that evaporation? Because it's not clean water technically. Uh it is partially dirty water technically. So where does that go and how do we deal with that?

Yeah, it's Yeah. Yeah, I think it's a hard question to answer today because there are multiple ways to deal with that. Yeah. Um, you know, uh, but that is the plan is to not just dump it into the ground like, oh, that would be super illegal. Yeah.

Yeah, that would be super illegal. Um, there are a number of ways to deal with those issues. It'll also depend on sort of what's in our air permit. What's, you know, what sort of um uh what's in the actual water itself. A lot of these cooling systems use use, you know, for lack of better terms, sort of additives that are essentially food grade additives. Like if they were in your food, you could consume them. And that's typically what they use in these cooling systems. We're too early for me to tell you what is exactly in there. So, it's too early for me to say exactly how it would be handled. It's a completely fair question. I don't want to imply that it's not. I just I could give you an answer right now, but y'all don't have the plan. I get it.

Trying to make sure worst case scenario is not a possibility. I mean, going on the ground, there would be, you know, multiple agencies that we would have them we would have visits from. Yeah. Typically, he's right. There's typically requirements that there's like secondary containment. So, it's not just like if anything spills, there's primary, but there's also secondary BMS. Um, So there's there's a lot that goes into that in terms of the engineering to make sure that that doesn't happen. I would 100% encourage sort of putting a pin in that one until we come back before you and then investigating it then because I think it's a good question. It's a completely fair question. It's just hard to answer at this point. Yeah.

Uh Carter, I have a question about regs. U

so for this to fall under service center or warehousing moving forward. Yeah, that's the correct term. Moving forward with our rags, do we need to go more in depth to update rags? Because service centers, when you look at what could be considered a service center today, excuse my language, it's a hell of a lot of stuff. Uh, so do we need to go back in our eggs and try to adapt to our current times? Because apparently what we got now is pretty loose.

I would recommend not declassify, reclassify what is actual service center in regards to our regulations. What should be a conditional use, which is a lighter use, a heavier use should be permitted. vice versa and clear that up. Okay, because when the service centers put in, okay, realistically it goes back 30 plus years, it's been there, okay? And there is no real definition behind service center. Reason I use SIC code book for the last 30 years. Okay, I don't like doing that. I'd rather have it spelled out. But if we continued to spell out all the uses that are out there, we would wind up with volumes after volumes after volumes.

Can we add the specific SIC code that a lot of these are getting classified under which I believe was 7374? Is that what you stated in the last meeting? I don't remember. That was your quote. So, I'm just going by that. It may may or may not be right. If that's what you're applying for, I've seen other planning and zoning in the state of Kentucky. they include that use and then they put parameters around that. So

you recall last hearing we did with an SIC. Okay, correct me if I'm wrong here. I think it was around 2015 when we did the hunt for job and we used an SIC code description. Two of them, one for used cars, one for new cars, sales and service and parts. they happen at South Sea. They're now in the book. We did a public hearing to change that.

All right. So, that that's where I'm going here. And and your facts and figures, I don't have any problem with your application. It's the process. And it looks like a little bit of a bait and switch to me. And I've asked I'm I'm asking Carter I will ask Carter and uh Bob to comment on this because there was a time when this was first proposed we were asked to add a text amendment and we denied that amendment under the existing I2 stating that we believed it was a conditional use. Okay. You agree with that? I I wasn't there for that but I I don't disagree. was denied,

but it was not based on a condition on use. Yeah, we said we don't need that. Hang on. Hang on. Let me finish. We stated we are not adding this for a couple of reasons. It was very broad and vague and that we believed as our understanding was that day it fit under I2 under conditional use. All right. So, was that a prior application? Is this your first application that's been or did you have one and that one got pulled off and now you've submitted a second one? This is the first application for this commission. Uh my understanding is there was a discussion about a text amendment that was not favored by the commission. Uh

it was rejected. It was you know we voted and rejected that text amending that text amended amendment to allow this use because we felt we already had it covered under conditional use. That was our thinking at the time. So what everybody's concerned is now it's like, oh, forget about that. Now we found an SIC code which I believe is valid and now we're trying to put it in here. And so that's where the confusion has come from. It's we started one way. We started one way and we're just trying to make sure we get the controls and the protections in. I really don't have uh a preference whether it's I2 under conditional use or under the SIC codes that are already permitted. I'm fine with that if we have the controls. Everybody's not worried about your numbers. They're worried about the control and what you're going to do with it because if we if we approve this tonight, we we don't have any guarantee that we're still going to be in control of the process. That's a concern. And I hope you can understand that because this is what happened. I mean, it's being mentioned in legal briefs that people are sending to us that we already stated that before, right?

So, I'll just clarify one thing. I absolutely think we should have control over this project at the end of the day because as as your attorney has explained, we have to come back for you for all of the things that we have discussed. So, there is a litany of information provide to you before you vote for the final development. I mean, there was several final development plans tonight. We're make those seem like cupcakes compared to the information we're going to put in front of you on this project. So this is a early stage process into getting more information and you are going to have the control of that process. I will also just say that the laws that we are applying under are the same laws that existed prior to October when the meetings happened about text. There was discussion about text amendment. My understanding is the commission rejected those using your words and so we move forward with the law as it existed. There's no other way to do that, right? I mean there's only one option to move forward with your laws when the laws we're following the laws that are on.

So I guess I could ask why you didn't lead with hey we believe this is permitted with under SIC codes. That's that's my problem. So I don't understand why we've switched here in the middle. I believe it's valid. I really do. I just don't understand why you're doing that. And I'm trying to assure we maintain control. I understand the process what you've done here. It's what goes forward if this is approved. And I don't see a reason not to approve what you've put here, but I also don't see any controls in our current regs that say we can do this because that's normally covered under conditional use. And I think that what we would like to do is we would like to be the example for you, right? We would like to come in page.

Where's your hammer? I don't see, you know, what better way than have us buy the information that you're seeking. It's part of our final bill. Okay. And are there other data centers of this type? You keep saying we're not sure about this aspect and that aspect. What's being proposed? Is there another one anywhere in the state or the country that is similar or are you inventing new tech as it's coming along here?

So, the I'll say this turn it over to Adam to add to it. Uh the technology that goes into it is the part that is cutting edge and constantly catching up. What we are building is a shell where they put all the technology inside. So what we are talking about building is the state-of-the-art shell. So we want to have the cooling systems, selfgeneration, all those aspects are the current standard of today. And I don't mean even two months ago, I mean today in terms of how you build a shell for data center because Adam's not going to run the data center. He's not going to put the servers in there. Someone who is sophisticated at that will come do. So what we are building is the the landscape for them to put in their technology.

There is a meta Tennessee. Yeah. Is that similar to what you're talking about? The meta facility was designed and started construction 2020. They actually that well to some extent yes. they actually use uh some like city water processed water for cooling some because they have it available. We do not here. So we have to design our systems around not having that resource. Uh in addition to that they are actually connected to TVA's facilities. So they are on grid whereas we are proposing lot to be on grid as an use power generation.

Things are changing. I mean now they're coming up with chips that don't need as much cooling. So now you're cutting down the cooling like in half. And I understand that their facade is 12 in. So this is when you're putting up when you're putting billions of dollars in computers into a 200,000 foot box. You're building it so it's completely proof of anything. You can't put that kind of money into a building and not be constructing it properly. The court reporter can't get both of y'all winds at a time. Excuse me. 350. They build them to be seismic proof. Yeah. Hurricane proof. I mean,

there's just too much money being invested in these buildings. I mean, obviously, President Trump, State of the Union, I'm sure everybody heard him. That's been our plan since day one, and he just said it last week. So, No,

I guess I'll just echo John's concerns. You know, I've seen too many times where we get the moon in the stars. It's going to be this great preliminary development plan and then you get it passed and then you sell it to somebody else and they come here with the watered down version. And that's that's my concern making sure that we don't that we have the everything in place and you know that smaller scale developments like you said this is a hard for us to know how to regulate it properly.

Yeah. I think I think that's why we want the opportunity to move right because we have we we want to provide that justification. want to provide that members. Um the these projects I mean this isn't like a project turn around and flip these are big projects highly sophisticated a lot of money and at the end you have control over the development. So if it comes back it's watered down to a point this commission not it can require additional steps for additional changes to that have that authority fully expect to exert that authority As I said, our goal is to come back. We think that we've exceeded all of your wellness expectations. I don't expect that, but that is our objective. You could call us out on that when we come back for you. All intentions is it's the same group that's going to be here before you. So you could hold fire on that. But that is the objective to build a topofthe line A1 first of this class data center here this. So, for the record, Carter Monday, do you believe we'll have the controls we need if this is passed tonight?

Absolutely do. Bob Link, yes, but we are not approving the whole project. I'm not asking you approve it. I'm asking I'm not giving them a preliminary and here's your checklist. Yeah, but this preliminary lets the next step move forward. And I'm trying to assure we have the controls in place since it's not mentioned in our current I2 regulations. Will we will we be able to just insert those ad hoc?

This board can always say no. We do not approve of this aspect of your plan. Okay. And we want this to be fine tuned. This is going to be a learning process for this board and they're going to be learning with us to make sure what we're comfortable with. Okay. And I will throw out that if some people think they are being not being forthcoming about plans until they get a preliminary where they can then start getting engineers to investigate the ground the cars that you've talked about what's the potential layout. I will guarantee you that's going to cost hundreds of thousands or more millions.

Yeah. In engineering and nobody wants to do that until they see, okay, we've got a preliminary to figure out what we're doing next. So, we are not hung out to dry by granting a preliminary tonight. It gives them some confidence before they spend another million or two to get engineering. Engineering cost a fortune anymore. You're out of order. One more time.

I'll just add something. They own the property. These aren't people that are leasing it. And if it doesn't go well, they're going to up and move. They own this property, right? I mean, they have invested considerable capital just in getting the acquisition and control of this property. So, in terms of asurances, I think they paid something like $22 million for this property. That's a pretty significant investment in making sure that this project Yeah. But it is just that. It's an investment. You're looking to shape it up so you can turn it over to somebody who is in the AI business, right? that's going to need it.

That's typically I won't say this. Okay. Typically, right, I'm going to make this broad statement. Typically, there is a shell that is operated by a developer and a lander and then there is a company that comes in, puts the technology in it, the company operates that. So, it's two different entities that basically sort of works in the oven. And as you are the of as the land owner, you would be responsible for all these things that we've talked about today, not the people leasing the insides of your building. They the go

they are the property. So they are the ultimate responsible part. It is possible through contract for them to put in charge the uh ley or the lease holder in terms of what they must do. But the property owner, they are the ultimate party responsible for complying with what we're talking about here today, what's in the development. Okay. Apologize for the pause, but I want to make sure I gave you an accurate put it down.

These are the concerns. That's why I'm You can see how this appears. And we are trying to be forthright today, right? I mean, we're trying to be as open and direct straightforward as possible. You know, a number of these things aren't tied directly to a preliminary development plan, but we do want to make sure that the board feels comfortable moving forward with where we are.

Sarah, you're out of the man in the back. Okay. Y'all got any more questions for them? And Madam Chairman, I think you're ready to take a motion and a vote. Okay,

I will point out to the board again that they have satisfied the minimum requirements to get a preliminary development plan and I see no nothing that they have not satisfied. If you were to vote against it, uh there would have to be reasons given uh to deny approval of the preliminary development plan. And can you state what the next step in this process is if we recommend this back to the city commission? The recommendation. We're not recommending the development plan.

You're we're recommending whether they accept it or not. It can still be overruled by the city commission. Not this. Not this preliminary. That's Kenny, you're going to be gone out of the room. Okay. And we'll get the cops in here until I'm out. I was trying to answer something for somebody. You were trying to answer to me because I thought we recommended whether they accept or deny.

You do the final. That's for a I know it's for the final, but okay. But it's not the same. Not the same thing here then, right? This board is in control. They have proper zoning and if you give them a preliminary development plan, they're going to have to come back to us in stages to get each aspect approved. And this board can educate itself. We can make them produce experts to talk to us about decibel levels and all the things that people are concerned with.

Uh I'm trying to speak loud because it's hard to carry. I don't mean to be yelling.

So, did that answer what you you were mostly concerned with the city? Okay. They're going to have to come back with sophisticated engineering plans subject to change down the road. They don't know what they're working with for sure. They don't know what the car and the topography and the exact layout and how much room they've got. There's a road that's being started constructed for the Kroger system that's going to go on down past this. So, we've got lots of steps down the road.

I'm go ahead and order myself because I got comments from them on Facebook. Gateway 65 saying they checked it before they purchased a Okay, I got screenshot. Miss the boy. Just breathe.

We have uh certainly appreciated your time, your attention. We respected your diligence on this. We understand. Get out. Get out. The outbursts don't help us get to a conclusion here. Let's get along with it. Thank you.

We have certainly appreciated your all's time, thought, attention to the matter. We understand what the table last two meetings further consideration. We feel very strongly technical and legal expert satisfy law city respectively are asking you for happy very much looking forward but at this time we do think it is appropriate we ship Gentlemen, ready for a motion? Okay. Yeah. I mean, I'm still hung up on this use thing, so you won't you won't be getting that. You know, I'm I'm confused about this code and everything. I haven't got sufficient

spice to my simple in mind on whether it's uh supposed to fall under conditional use or not. Do you think a two member board can do better? Can you? That's not my concern. It's my concern whether we're following the letter of the law, the letter of what's been voted in. But, uh, I'm not, you know, for what it's worth, if this board does not approve. They are setting the city up for having violated,

we could use lights. You're setting the city up for damages and I'm I'm aware that so they sue the then we go down the road and see how it develops. I'm just saying that I'm I'm I haven't got it in my head how it's not that's all I'm saying. Well, we can't table it again. That's the one thing we can't do. It cannot be done. We'll have to start all over from scratch. Okay. According to laws, when it's been tabled and it comes back,

I'll take my multi-illion dollar project in this room that see anything overion. So many things in this project. Okay. All right.

Okay. And I believe like I did last week that we have put together five issues that we ask it or not. So to find people and they are so upset but I do understand you in I 2000 and that was not something that should be applied to comprehensive back. So I think that you all work very hard to listen to us and to work with people of Franklin and because we would have to hire experts. This is way above most people's favorite as you all know. And I just I've never seen something so sad. Stop.

We've got a police officer who will show you out. Those two gentlemen right also that the power must be as partition. So your motion is to vote to approve the preliminary development plan with the proviso. Yes.

That all power generation is going to be incillary to this project and not for sale. Okay, we have a motion. Is there a second? Let me let me say something real quick.

Get out. Shut up. Just looking. This is pertinent information. You don't like it. Get the heck out. Where's the cop to get her out?

Where are the police that are supposed to be moving these people out? Okay. All right. I get that. All right. Even if it was 10 years, let's say, you realize you'd still be at this square one with the development plan because it's over 10.

So you're still going to be at this point regardless if it's use or per you're still going to be at this point. So this development plan is not going to go away. It's you're going to have this question in front either way you go to have to come to this question to improve the availability have the letters. Is there a second? Give him a minute. We don't need your legal advice. I guess the question could also be are any of the current legal actions that are in process and others that we found out today are coming, do they uh prohibit us or is there any reason to go forward until those matters are settled?

Yes. Because that lets them work up a plan. Now, if in litigation it is determined that the county has the power to stop something in the city, they're going to do that at their own risk. But nobody can move a shovel of dirt until we have a final development plan approved. And I don't know what other lawsuits you're talking about. I just know there's been one filed to interpret the validity of the county's orders. That's the one I'm talking about. Okay. Yeah. The one that was sent to us today.

Oh, it was filed in January. It was in the newspaper. the county uh filed a I mean they have filed a suit for a judicial determination as to whether the county's ordinance is enforceable in the city limits. That's one. Did you see the other one from Right.

No, it's for Mr. just filed against I I would say it was a legal brief or a legal opinion about some of the actions that had been taken or whether they were even appropriate or not. I'm not saying there's an official uh case yet, but if you read what was sent to us today

with respect to what was sent to you today because nobody was supposed to be contacting y'all today. It came from the It came from them. It came from the planning and zoning commission. Well, this is a copy of what this is. Is this what you're talking about? It is. They're the antique mall people. Well, he has legal representation. Yeah. And and he lays out the case that I made earlier about this starting out as permitted use and I too but covered under conditional use and then we've switched

but they're argumentative about. So that's what lawyers do, right? I mean I I'm just saying I'm asking for your legal advice with this and the other one. Does it even make sense to continue? We've also received that. We can't let this stop from anything. This is just advice that they sent, but also they, you know, they sent uh, you know, requests for all our communications as well. So, I'm in already. I don't know what that's supposed to be mean, whether you're they're planning to sue us or not.

These documents outside the hearing are considered for our decision. They're being That's a problem. I want these official record. Madam Chair, I'd like these included in the record, but these are being considered by We were sent those to be considered, were we not? No, I didn't send anybody. These were public submitts that came into my email that I make copies, put them in here, but you said they were not permissible. Right. They are not. This this meeting was not to consider any new right

testimony. It was for the board to have the chance to question the 10 key people about any questions that they've got. I think today's filing was more about some of our actions than it was any of these specifics though with the with the project. But again, that's not something new to consider. The knowledge none of that was. So, let's say it's all just the same concerns that I had. Let's say this does there is merit in this and they get judgment somewhere down the line. Does that negate what we approved today? If it was found going to have to file a lawsuit to sue us, which I don't think the antique law is going to do that.

Okay. And I don't think we hold up if they I know I'm I'm asking as procedures from the board. Does this make sense to do this? I I can't change anything here.

I'm not talking about yours. I'm talking about this one where we have apparently according to this uh brief, we have made procedural errors. I I can't interpret it. That's why I was asking you to walk me through the timeline today. I'm unsure myself and that's what this brief has called us out on is why we went from one method to the other. And it's fine if we did. I just I need somebody to explain it to me if it's okay to move forward. And if it turns out not to be, then what we approve tonight can't go forward. It is okay to move forward.

Now, if they want to file suit and say what you've done tonight is inappropriate, that's fine. or if the county gets a determination through the judicial system that their ordinance supersedes the laws of the city of Franklin for property that is not in the county but rather in the city then they can say no go okay but that's up to them and it's their money to be spent let's just say now your attorney guidance on That's that's right. I mean, if we're in front of a judge Yeah.

That's That's what we're That's why courthouse. That's why I referenced the administrator and our legal team. Right. So, I'm just making sure everything's on the table. Yeah. For go forward. And I'm not saying it's not legal for y'all to come. I'm just saying that it needs to go the right path. And that's what I'm trying to make sure it goes the right path. Well, and I think part of the issue is that that's all I'm saying. I'm not trying to say you don't have the legal right to do what you want to on your property. I don't say that to anybody in in citizen, you know, frankly. But I I want to make sure it goes the right path.

And I don't I don't the risk of sounding argumentative this decide whether CP is the board of adjustments, right? I mean, we can't force them

to take an application. You can't force them to take application, right? Anybody in the crowd can't force them. It's the board of adjustments. So even if you feel like we should have, that's not at the discretion of the people in this room to decide. So I think to Bob's point, we end up back here at the exact same place. Even if your opinion or the board votes that it feels like we should get a cup, that doesn't change the situation of where we are. What part of do not speak do you not understand

by what? Go ahead. Go on. You were making a point. It's hard to know when people just jump in and interrupt, act like crazy people.

I I think summarize my point. the discussions that we've had here tonight, the possibilities for lawsuits, the possibilities of these does not change the current situation, right? The current situation is that we applied for preliminary there is no going to the city for recommendations. There's no none of that changes the situation. I'll also highlight the fact that both your technical and legal advisors have advised you met the legal requirements very much for this process with the board and in a way we can exchange this with the project. We need to get through this step. The way to get through this stuff. There's a motion on the floor. Is there a second? I'll say it once more. Is there a second?

I'm not bullying anyone. I'm not trying to Okay. No. Please. Motion dies for lack of the second.

Is there a motion?

Is there a motion to Is there a motion to deny the preliminary development plan? Well, like I said before, and I tabled it last time, and I didn't wasn't consulted about it being back on the docket today, and I wasn't quite ready for it. I'll table it again. You can't I can't table You cannot table it again. is against Robert's rules of order. Okay. Yes, it is. I've been trying to prepare for

it. This has been tabled twice and it has to come back up when we have our next regular meeting and it's been on the agenda that was emailed to everybody week before and notice was put in the newspaper. So, if we don't deny this, what's it going to take to get comfortable with it going through? That's that's the question. I mean, where where does that leave us? We got we got another move on this. There it is. Pretty straightforward though.

Yeah, it's pretty straightforward. Question again, regard I I don't know what to do. I'll be honest with you. respectfully commissioner this is the process. I agree process and I understand that you all have been put in a difficult position. Uh you know you were put in this position though because mayor and the city council trust you to fulfill the obligations of this. That is the same reason

because they trusted rule of law in this community and the reliability of the laws. So to table this or deny it tonight is a pretty significant blow to the business viability of this community as well as our position. This is not sport. saying you're saying there's no table. No, that's what you're saying.

You're either going to have to live up to your responsibilities to approve it or if you move to disapprove it. We're going to have to state reasons

because they will obviously appeal your decision. So, you've got to have some valid reason to deny. As I have told you as your legal counsel, they have met all of the qualifications for a preliminary development plan. And just sitting here and doing nothing's not going to work. We're going to have to have a motion passed before we leave.

I I can't focus on this. Sorry. Sweet. Watch tail. Shh. Please. Just turn them off. Let's go home. No, you're right.

I'll reiterate that this board is not doing its job. It doesn't make a motion one way or the other. You can't just You can't just do nothing. Pardon me. Yeah. According to the rules of parliamentary procedure, we cannot table it again. And we don't even have a motion to table. We tabled discussion and then we had people that came by.

Shut up. He's the next one that needs to go. Honey, I have printed Robert's rules of order. I've got a book. We cannot do it again.

We have to have a motion that passes tonight. For or against? There's nothing in the middle. We have other matters on our agenda and you know all we need for this is to be a big political hoodoo for you and Kelly Bush which is what y'all are trying to turn it into.

Mason, you know better than this. Stop. Well, we might have to run. That's the chairman. It does say you there's no limit.

Honey, the stuff I looked up, that's Robert's rules of order. You cannot keep tableabling a motion. And we don't even have a motion on the floor. We got nothing. So, somebody needs to pony up and either make a motion for it or against it

and give a reason if you're against it. What part of the requirements of a preliminary development plan have not been satisfied? And there are four of those and they have satisfied them. I agree with you. They have legally met the requirements. So

what's what's it going to take to change anybody's decision here then? I mean we can't just keep tableabling it evidently. Is there some question that they have not we're having discussion right? Yes. Okay. That's what I'm asking. Nobody's willing to commit for the reasons they've stated, not the technical specifications. So that's just what what's it going to take? I mean, is is there an endpoint? Is there something other than the legal requirements that we need to approve this? We're we're in a bind. We've been backed into a corner. Definitely. Yeah.

So, if you keep saying you're not comfortable, and I'm not comfortable, and I've stated the reasons why I'm not comfortable, but I don't understand what the ma'am, take that away from this table. Take that away. Yes, please. I'm not touching So, does anybody want to do their job and make a motion?

Okay, you guys, we really need to calm down and let us get through this, please. Thank you. She needs to go.

She's out of order. She's out of order. You're out of order. One more time. Go away. Leave the room. Leave the room. No, not here. You don't I would love to just adjust with but they're going to they can say that they deny that they have any rights here

and there's two members. How do you think they're going to do that? I mean really guys, we have a five member board. George is not here and may not be back. We don't know. But who do y'all think can do a better job, y'all? Or a two member board of adjusters? Because the chairman has already expressed that they will not she will not consider this one way or the other. And unfortunately, all of y'all make it worse.

And I will throw in that if I were these people and they have satisfied every requirement which I have stated and which John stated and which JB seems to have fallen believed in. It's ridiculous. We are setting the city of Franklin up for the most horrendous damage suge. Think of what has been invested in the land. And we're wanting to pull the carpet out from under them when they've satisfied our requirements.

And do you want to listen to all these people anymore? You know, they've heard all this evidence. Nobody wants to hear anything except their own point of view. So, somebody's going to have to pony up and make a motion. So if the fire generation was manufacturing and it was supposed to be conditional use, wouldn't they have to go to to the board of adjustments and then come to us?

Carter, is that the way it would work though? Just hypothetically if if it was going to sell power to the grid. Yeah. Well, they said they said that on October 21st. It would be a They're not power. They said it on October 21st.

Yeah. I just I can't stand the uh back and forth.

They had a bunch of people testifying and the dude clearly stated that in five years they were going to start selling back to the grid. It's not our

development approval to construct the infrastructure. We have not We got to do table.

We can't table. I'm not doing you know your mic.

Yes sir. I'm a bit flustered. Yes, sir. Um, do you have the agenda, please?

Oh, project wave. You want to move to that? We do not. I think that our Yes. Yes, sir.

We got to act on his application. As he's pointed out, this is the third meeting. Okay. That's uh that's why I commented that I wasn't consulted that it was going to be today that we were going to bring it off the table and I wasn't quite prepared and that's why I'm not Is there something else you need to ask then? I've been asked but

I know is there anything else you need to know? It's been a month since the last time they were. So, what else does anybody need to know from them? No comments from you.

Where's the hammer? You're the chairman. Ma'am,

you need to go. Let her sit next time you have to leave.

Thank you. I'm trying. Okay. In the corner. Thank you. See you. Have a good day. Sorry you have tried I don't I apologize for them go

let me put it this What part of the minimum requirements of a preliminary conditional use do you not think have been

I mean preliminary development plan have not been and we can sit here till midnight. We need to

smile. again. What aspect of a preliminary development plan do you think has not been met tonight? Because they have or they haven't. And y'all are not doing your job if you don't vote one way or the other. We need a motion and a vote

without the popcorn gallery or without you. I don't have that authority.

This is not a county fiscal court meeting. No, we are not having you to discuss it with the board. But this is for the board to ask questions of them. Okay.

Okay, you guys. No more interaction. It's not a public It will. What's it going to take for us to get here? Putting it off another two weeks or a month. and I just been hung up on my same

concerns trying to interpret the law,

Justin. What do you think? I got the same concern you do. But as they keep saying apparently doesn't matter. I couldn't hear you. It's all in the wording to me. So, his concern is he says he's they both still feel like it there's a part of them correct. They're not sure if it needs to be conditional use or not, but Justin just said he guesses that that's not the concern. Is that right? That's your concern. It's my concern, but apparently legally it does not matter.

Yeah. the same to me when I read our rigs. And Bob, unlike you, I have not talked to anybody from the board of adjustments, so I don't know what their feeling is on any of this stuff. So done my best not to, you know, soul about it. Well, I think what y'all have to look at,

it's your responsibility to do something. When you're put on a board, you can't just sit there. Somebody's got to make a motion and it's going to have to be voted on. So, we can't just sit here and do nothing until midnight

and listen to this kind of mess. Okay. All right. Well, we couldn't get a second on a positive. So, I will move that we deny due to the fact that this should be under conditional use. So, we're supposed to put in that they're supposed to go in front of the board of adjustment. It's our your job tonight is to either approve or disapprove their preliminary development plan. Period.

Nothing else. Okay. And you can put restrictions if you approve it of things you want to see the next time they come before this board with a or something that's not a preliminary plan but an intermediate or whatever you may want to call it. But to have a valid motion, we need to have reasons that they have not satisfied the requirements of a condition. I mean of a preliminary

preliminary development plan. It doesn't mean you're approving it. It doesn't mean I mean the project nobody can move any dirt. Nobody can do anything. It lets them know that they can perceive and start doing tests and come up with a plan. We have a motion on the table. Correct, Mr. Justice. But we don't have a reason for it.

Add conditional use. But that's not a valid reason to deny. Well, I'm going to second the invalid reason uh that uh it's supposed to be 18163 that uh the gas turbine is supposed to be under manufacturing as they stated in their letter that they sent to us and that it should fall under conditional use is what I think. So your problem is with the power generation. Correct. only. That's my main concern. Yes. Okay, we have a second. Any further discussion?

Ready for a vote? Okay, ready for a vote? Uh, Keley, yes. Mayor, no. Tharton, no. Yes. So, it's a time like so. So, that motion is going to That motion does,

but we're right back where we started. What did I go? Would you consider withdrawing and resubmitting? It's the same thing. Is there anything that they can say to you to make you comfortable?

We have two on each side or Jason is there for you. Justin.

Justin, I'm sorry. We can't get there. There's a reported one of you after that meeting that explains exactly what we are in the developer. Think about that. John, you ask John Mayor.

He asked you what your thoughts legally binding to do so. John, he wants your thoughts. Justin, that's what I'm asking. Sorry. I'm okay with it, but is it legally binding? What he's just said he would do. Yes. What we're proposing is to do a monthly meeting staff go through the development process open meetings no this would be a closed meeting but we'll prepare I can't for that you have questions concerns or issues that come up as we're going through the development process you can relay those to us through staff yes

so there is a ongoing transparency with And keep in mind that if moved further down the road, they've got to get this forward to approve. So at one point, we were supposed to have support from the city council for this technology committee that they agreed, right? Would you be open to at least one person that's not on the board or not represented by you from the county to sit in on that open meeting? It's not the county. City from the city. I'm sorry. The cityated from the city. So here's my concern commissioner. We want this to be a productive.

Yes.

Project team that normally takes over after project team made up of public works employees and we have one for the fire department and one for me. It sits in every Wednesday morning. Those are reaching out outside of the city, various utilities. In this case, we have six county water involved on our city involved. Those are extra. Okay. And because if this board votes in preliminary tonight, it would go with that group and then they start dissect pieces from a site plan. Okay. This group would offer what your concerns are here tonight. Mention with the reclaiming of the water and the use of gas emissions and all the environmental concerns that you are. I I think it's a great idea summary of where we stand the size available here. I think that's all right. Great.

Is that okay with y'all? Yes. For some reason, power generation seems to be what is troubling you the most. So, I don't know if it's because of noise or what that's bothering that power generation. Maybe they can address it. Maybe we can force that to be something that comes up the next time we meet with them. The turbines and the power generation, that's what bothers you. Correct.

Correct. we're going to get to that. I can't tell you that's the first bump we get there because it's iterative process. So, we will come in and update staff prepare where we are process but it will process.

I mean, I'll just be honest with you. My main problems with power generation is making sure it's regulated properly. I've heard the seen the articles where they pollute the area and cause health issues in there. I'm not going to state those articles, but I've just seen I've read them articles where other areas are seeing increased maybe asthma, maybe other things. And just concerns me that they're regulated properly and that we're going around then they're going around the conditional use. A lot of what people are putting out on the internet, this is not based on

this is articles from other towns, other towns that have had lawsuits and stuff. That's what I'm talking about.

That's what I mean. Articles have all the clarifications about it. We can even show you the difference between the highway factory because cars are regulated a whole lot less the way it is back. It's going to have best available control technology on it. Cars if you got a car from the 50s, the 80s, whatever, it doesn't have best available control technology. So the characteristic of this facility versus the highway it's not we can provide you all that process. Just need to get after today relieving your stuff on the turbines what they just told you what

that give you any different change than what they just told you on the turbines

you know I'm just like I said before whether whether it's conditional use or not. That's all thing I was hung up on. Making sure that it's right. Make sure it goes the right path. So, we've let our, you know, me and Justin let our concerns. So, what do you all want to do? Madam Chair already made a motion to approve, Madam Chair, and then we've made a motion to disapprove. So, we're at a stalemate here.

Is that a question for me? You and Madam Chair,

I don't think legally there is any reason to turn that down what they have submitted. My concern is around the controls going forward and everybody in this room is assuring me that that we have those. I don't know what else it's going to take to get comfortable with that. Uh, I I've already made my position very clear. I'm not happy with the bait and switch. And like Congress does, you got to pass the bill before you're going to know what's in it. That kind of what this feels like is we got to get through this point before we see what's next. And I'm not comfortable with that solution. But I also did take an oath that said that I would do what they asked to do. And they have met their requirements. Whether you like it or not, that's the facts. requirements have been met. That's the problem.

Well, that's outside of our control. If if you have a 4-in water man, then there's only going to be so much water that flows through it. If they put a 16inch water man out there, I'm going to assume that's going to do more than what's listed on this sheet here. I don't have any way to control or monitor that. Would you be open to monitoring? I I guess so people can see what water usage you're going to have or whatever. I don't know what the concern is because the requirements that you've asked of our infrastructure are not astronomical. I I think nobody believes what you're saying is the problem and part of that comes from the fake switch. You you have to understand their position especially with everything that's in the media now about all the opposition and I don't think anybody on the board is opposed to capitalism or you know advancement in in the community. It's just they're getting mixed signals and all we're looking for is a way to confer to them that based on what you've submitted and what's going to happen forward is is that we maintain the control around that development. We're the one with the resources. We're just trying to protect our resources. We're not telling you no. We just don't feel comfortable with saying yes and not having what needs to be. We should have already had things in our regs that address this. We should have started that last year.

Two years ago. Yeah. And we did it. Okay. So, that's not your fault. But I'm just I'm just trying to explain and I'm not talking to you because you understand this better than I do for public consumption.

I think I think the issue is that a lot of the issues are brought up by the public. Well, how much is the EPA's job to measure how much emissions are so it is they have a relative focus I think a lot of people in this room that have commented on this try to expand the scope of authority well past what what it is.

And keep in mind, if something happens that this board doesn't like,

you say stop. Go back to your drawing board. Revive this. Shut up.

Then you can leave. You can leave right now. I know you don't.

That's all it is. It's my new Rolls-Royce. That's what gave it away. Right. No, thank you. It kills her to know I can't see. We have a very small group that's trying to control this entire camp

by yelling the It is still.

So that's the part I want you to understand. At any point this board can say, "Hold up. Wait a minute. We don't like this. Come back and revise this. I'm sorry. I think our way of offering the monthly meeting our way of trying to give you the control, you are going to know the things that we need that is at this juncture. I don't know what else better we can offer. you're going to know at the same time. So if there are issues or concerns you have, raise them as first possible opportunity. I I hear what you're saying. I hear what you're saying about your concerns. We're trying to address that and we're going above and beyond what is required by the city's laws. Try and address your concerns. But to a certain extent we are also hamstr John, you voted in favor of a motion to approve.

No. Earlier you did get to approve. Yes, you did. What can we get? We didn't we didn't Second. She never got a second. I I voted no to deny the motion. There was no second to the motion to approve. Okay. There's only

then there was a vote on that and it was two to two denied. to deny and that was you and who voted the same way. I'm confused. The motion to me and Justin made a motion. I seconded it. We voted for it. Made it. So, we're So, you voted to disapprove. To disapprove. Okay. Does our does our monthly help?

I think it's honestly that's that's a really good moving point. I I can appreciate that. I think it's a very goodwill type of thing. Uh I have zero I think that's a phenomenal offer. I I have zero issues with you all offering that. Uh, I got about a billion things running through right now trying to figure out, but I greatly appreciate that as an offer. Uh, I think it and it would be fantastic for every project that we have going forward.

Yeah. Um, I'm sorry what we're doing. Thank you.

I can't We can't That's I can't open it to the public. I think they printed all the evidence to us. And I'm sorry I misunderstood you, John. I thought you said you saw no reason to deny the application. I did say that. Okay. And I voted that way. Well, that's what I thought you did. You are in favor of the motion to approve. No, he I did not have a second. I never had a second. The second,

but there is no evidence to deny this. There was a motion for it and a second and then the vote and the vote was two for two against to deny and so you were denied. I was saying but you admitted that there was no reason to deny. That's what I'm trying to get to a resolution here. Okay. I just want to make sure I understood

there is there is a comfort level that is not been met yet and I don't know what it's going to take to get there. What is your comfort level problem?

Well, I my personal opinion was the control like we said, but you're you both you and Carter have said the control is there. I'm saying there is no reason to deny it based on those facts. Yeah. Okay. Not everybody feels like that on this board evidently. what you don't well what part of you can stop them in the future with development plans if we don't approve of it does not fall that' be a question for you I think you say you can't get to any comfort level here

I just haven't got to the comfort level on whether it's like and Justin said whether it's supposed to be conditional use how do we get there that that's the rub is I don't understand all SIC code and why that trumps our local regul regulations that we our city voted in. You know, the city sent that to us. They didn't.

No, we voted in our regulations, zoning regulations. No, I mean the that preliminary thing about making it very specific that any project like this was acceptable in an industrial heavy industrial site that came to us from the city from the city commission or city attorney. I don't know. It came from the city commission or city manager. It came from Mish as far as I know. I don't even know what you're talking about exactly. I don't know if I can recall that one either. What?

Yeah, the text amendment. Well, the text amendment was failure on my part and our part. We should have modified it at that time and put it in place and made it much more robust, but we didn't take action. We had so much going on, we didn't get it done right. People screaming

crazy. The chairman's going to take a short. You all can continue your comments. Hey, thank you. Michael restaurant break.

What is it going to take for you to feel comfortable passing this motion with the controls you need? That's what they're asking. We're we're thinking that they're going to we're going to have meetings every month and be reported to every month and we're going to put all kind we're going to put the stipulations that they can't uh exceed the water capacity that they've stated they can't see they can't uh sell the power to the grid that it's going to be ancillary only. We're going to put all these stipulations in this preliminary that what we're saying and that we have the power to do that. Yes. You agree with that?

I don't think it matters what I think if your attorney's telling you that you do it that way.

We're an intermediary. Don't scare them with a fire. We're going to go through stages, right?

And you two feel confident that the SIC code makes it legal. Yes. Yes. Talked to Carter about it many times. I've called other practitioners about it. And the SSC codes, I mean, you can print them out. They're clean. I'm not a legal scholar, so I don't know. I rely on you to tell me that I've done my best. You're the legal counsel. What I believe the best advice is.

Okay, we have another bathroom, right? Do y'all need to go? We've been here for almost three hours. Yeah. It's worth every minute of it to me. It's worth every minute of it to me. I mean, that's why nature calls. Yeah.

Big decisions cost time. Not trying to just saying we got to do something.

We're back into a corner. Well, but we've had a lot of time. Think about it. Sorry to keep you all night.

Bring the chair in. She's having a number of conversations in the hallway. We got what? The chairwoman is having a number of conversations in the hallway. Yeah, we need to go get her. I don't think that's me. Miss Thornton.

Oh yeah, you're the standing when she's gone, aren't you? Now he's gone to the restroom.

My microphone is on.

Okay, we're we're back. I would just like to reiterate that our proposal for your staff on a monthly basis. uh we'll have the conversation with the bank.

Our proposals come before the staff monthly basis moving forward provide the most uptoate information concerns are about the environmental contaminants. There's a number of modeling studies that go through permits there concerns about cars. We're going to go through and do those studies. You will see them before Storm water storm water option file a permit. You'll see this for the agencies these agencies these permits. You'll see that in advance. So if you have concerns, have questions, have feedback, you will have every opportunity conceivable to provide that as the process unfolds. that is well above and beyond what is required by the law. We are trying to be transparent, cooperative with the city. Do need a willing partner. I would reiterate my request to allow us to move forward development and approval that we will work harder at your staff to get these meetings scheduled, get the format of these reports nailed down so we can get information that they desire as Well, you have gone way beyond anything we've ever seen on Okay. and I've been doing this for 20 years and we've never turned down a

preliminary development plan in those 20 years. You have given more than anybody ever gives and agreed to keep us posted and the board has been told and explained to them that at any stage in any of these intermediary file plans, preliminary preliminary number two, whatever you want to call it, that they can always we don't like this or understand it and y'all can try to make so I sorry commissioner I think that's exactly

and you believe our regs will support that you don't believe we'll be challenged by that you can challenge anybody on anything, right? But our res authorized this board to go through various stages of things and they're going to have to keep y'all happy for them to be happy, right? That's correct. Because you want to keep going.

Yeah. I'll just add if our intention was to challenge the regulations we wouldn't let that's what we saying we want to move through the process that's on the book Do you want to try to articulate a motion that encompasses all that?

Well, somebody we can tackle it. Are you saying a motion to approve preliminarily? What did you just ask? I was just asking John if he was going to he was trying to form up a motion for with all the uh stipulations stipulations that y'all are talking about. I guess that's what you're looking for, right? You want to know?

We according to our legal representative, we have the power to do that. Yeah. Now, the specific things you want and have concerns about, they need to be line items that go along with this approval. So, can you articulate those or do you want to use something that he just mentioned or you want to have the reporter read them back? you have input fill in a lot better but I don't it's a

I think that if the court reporter could read back John and he gave all these different things that they would be willing to do.

You replay Bob's last conversation. No, there were about three or four things that he just mentioned and everybody seemed comfortable with it. I'm trying to figure out how to put that in the elements here.

So, one is water usage, right? How we're going to cap on water usage or monitor monitor cap whatever they're what they said they're going to do to have a monthly meeting with staff. They're want to do a monthly meeting update on development. They would keep us posted on storm water plants that's going to be coming monthly and posted publicly on your website

I didn't think we were invited to those meetings the monthly meetings I think yes that's What what I was envisioning is a meeting with the staff and then a report following the meeting to the board because that staff or the board. Yeah, with that staff. That's what I'm saying. Okay. So, where's that going to get published? So, everybody, we have full transparency here. Well, this wouldn't be a trans this was going to be a public meeting ever meeting with the staff to receive any feedback that you provide to them or that they provide to us. But it's not a working meeting if we have anyone. No, no. I'm not saying anybody's in there. I'm saying the results of your meeting are to be published publicly.

That can be published. I don't have problem that se once go through this push it out. Is that not what you were offering when you said you were going to provide monthly updates? Yes, I think we provide a monthly update in writing the board that would be publicly available anyway by uh well, I don't want people to have to do an open records request to get the meeting notes, right? Let's just be transparent. Let's put them out there. Yeah. I'm trying to figure out if there's anything that would be

we plan this thing. Yeah.

When you leave this meeting, I think we can I think that we can do that with the caveat these are iterative plans. So we come to you with March isn't going to be exactly coming to you with April. So I just want the board to understand this is not stagnant. I mean it's a development process. So there is feedback publicly about changes. I want I want that to be publicly know now things are going to change from one month to the next.

If you hit a ge geological issue when you're testing you got to move something around that's not going to be the same today as it will be in April. And al also we were talking about what makes it legal is it being ancillary, right? That was on Debb's first motion that the power would be to make it for to make it not manu project. It has to be ancillary only and how how do we bind that where it's only used for the for the data center only not to be sold. Not to be sold. Yes. do another part.

That way we're not going to get a whole power station out there because they can see that they can make money selling power to the grid. It's units. Yeah. I just want to put that in now that we don't want that. We're not looking to make a 10 of these thing things out here to just so we can add fire to sell it to TVA. That is create more harm than good, I think. And storm water plans of course that's part storm water plans going have to be satisfied anyway city

you'll have to file a swim agreement so water sewer pass power. So what is it? What is it that assures us that the power they put something out on their website about their c their gas consumption would not increase our gas power bills. So how do we pipeline that does not supply this area? Yeah,

there's a pipeline. Yes, I understand the pipeline goes through. That's the whole reason they want this property. I'm just wondering, you know, do we put it we don't we can't put anything in there about that. They're they're going to eat the cost of their own gas and they're not going to make our gas go up. I don't know how to work that. Just ask legal advice. Well, yes, but they're consuming gas. Yeah. The more gas they consume. Supply and demand. Supply and demand. I mean, I got you. The concern is your consumption could drive up the cost for locals.

You're buying up excess. plants down in Portland. Correct. Yeah. Yeah. Tennessee gas pipeline the gas like

TGT or something. So next property official talk about publishing I don't know exactly what What do we anticipate that reporting on what aspects like what you've determined from engineering and water? I think it would change the process probably a summary of the communications with the staff status are

so there shouldn't be anything that comes up when you come back before the board for your various stages of approval there shouldn't be anything that comes up on an agenda for this meeting that hasn't already been published in the update meeting so is it going to be the status on all these you agree with that unless there's a problem I bring it to your attention I expect to have meet Yeah, I can't fathom what that would be. That's just that's just bad business, right? I mean, we wouldn't want to ambush our meeting board about some aspect. Well, I'm just saying for whatever topic you're going to be covering the next time you come to the board. That shouldn't be the first time they hear about it. First time you should bear.

I just want to make sure that's going to be a transparent process through these updates. If that takes one month or three months before you're ready to come back here, that's what I'm looking for. that that is what we're you guys meet monthly, you'll get an update. I promise you that and it's going to be over all these line items. Those are just as they develop to get a letter from those people that utility service is available which they've already supplied to us right

by letter like you want it. Some time to think about it as presented. Yeah. So,

structure discussions. Staff What y'all's comfort level on the stipulations?

Read all without making a motion. Read all that y'all got down there. What I said without making a motion. Read read everything that you got down there. cap on water usage that they have stipulated. Uh making sure that it's stated it's ancillary only which is the only way it's legally power. They can't sell power that keeps it from being manufacturing. We don't have to build a big power terminal. Uh they're going to have a monthly update. Right. Right. On everything they're doing. Yes.

Well, Carter will have a city's website and I will inform y'all every month.

What do we say on storm water? We have a storm water drainage plan which always has to be done. Then what about on recycling? We haven't talked about any recycling. Yeah, I'm just curious about that. Um, so sure the computers, you know, the piece, you know, the storage devices will have to be recycled every so often, five or five years. Y'all are y'all partnered with or going to be partnered with the certified recycling for this? I know it's just a question I had that concern of mine in the future

way too soon. Yeah, I understand. But that's that's a big thing for because they recycle. One of the things we did when we did solar farms, right? We required bonding in case they ran off and left the So that's the assurance you're looking for. Just a concern I have because they make sure it's properly recycled. I don't want to dump our problem on somebody else because that's what usually what happens. Okay, I think that was everything. Did you you get what you wanted on the sewer rates?

Okay. And the contaminants contained there in they say and got that letter says they're not going to contaminate. But you you put in a stipulation that the that water usage would be capped. at the stated rates in the preliminary development plan. I'm asking you if you wanted to include that in the the same for the sewer. Yeah, it should go hand in hand, right?

Well, in case it don't go in, I don't know how it come out, I guess. So, but any other concerns? No, that's my main concerns. Hold them holding them to what they say they're going to do. Does anybody want to make a motion? Would someone like to place a motion on the floor?

Madam Chairman, you can make a motion, too. I don't have the language in front of me. I've got it right here.

Somebody's gonna have to do something. We're going to be here till tomorrow morning. Are you guys clear? with your stipulations.

Wait a moment. Dad and someone did their face. No. Oh, no.

And I was quiet. I wouldn't be offended if y'all sit down. I know your legs are tired. Uh, you need to stand. Move around a little.

Yeah. If anyone is worried about language, we can all help edit with the help of the core reporter, too. You got one. And I know you got off there. Yeah, I think you're going to need to

I'll try again um with the terms that have been negotiated essential. Yes, ma'am. Thank you. With the terms that have been negotiated, um, and from what I can see, you've met what we needed for the preliminary development plans. That's what it says in our rules and regulations. By law, I believe that that is my obligation. Um, whether I like it or not, and it isn't personal, it's just It's been a difficult ride for everyone and um but some of the stipulations if we move forward and if this passes we will hold your feet to the fire.

Um we'll need monthly meetings that you will attend and that there will be we will be kept in a very close loop. Um, we will also have publishing reports that can be published at the city's discretion, but that the city can show to the public. Um, we will need storm water plans. Is that what eventually that you all negotiated? Gentlemen,

can you help me? Yes. Um, the next was cap on the water. Close calls. Close on that. And the power of course remains ancillary to that project and it will not be sold in the community or back. Um, what were the other stipulations, gentlemen? That's all I had. We didn't negotiate, but that'll be later. Is that what we have, gentlemen? That's what we have been talking about. Yes. That is my motion. Is there a second?

Second. The motion has been seconded. Is there further discussion by board members?

All we can do is it's not about nothing about being a sellout. It's about doing what's legally right. Our council is telling us that we have to legally do it. Okay. We're going to we're trying to lock in the stipulations that they have to follow. Make them follow the law. Be the best data center they ever put in. They're going to do it. Right. Okay. Let's do a roll call. Mr. Keley. Feel like I have to because Is that a yes or no? Yes. Mr. Mayor.

Yes. Yes. Y'all get sick of me. You understand that, right? vote because I don't like it. Okay. Now, the five stipulations we got on here is for pre preliminary. There's going to be a ton more as we move on. They think they don't didn't want to see you pee, including e-waste recycling, including noise. Noise.

Okay. So, with all that being said, yes. Motion passed. Motion passed. Thank you. Wish I feel better about it, but you're welcome. I need to go talk to one lady. Let's take a five minute break and then we've got to a prober on our ma'am. What were you trying to tell me? What were you trying to tell me? You were easy. I wasn't going to keep You have You have too sweet of a face. Three, I'm sorry we had to ask you to leave, but we can't leave. Well, okay.

Yeah. I wanted to talk to data centers. No, they're very much better now. No, they're not. They're not. This is not He was right. The zoning is not accurate. Do you know what a CUP is? What all do they need? What do they need for a CUP? What do you need? What do you tell me? I don't know. No, I'm not. I don't I don't give out CU. See, I don't think that people understand. People don't understand. Everyone here needs And I'm not here to fight Teresa. Not either. But you know what? And I think part of Mundy's a

He's a great guy. Anybody I said How That's okay.

across. All right. This way. I'm sorry.

I've been doing this for 30 years.

That's a good term. That's a good way to put it. Yes, sir. I do. Go ahead.

That corn will stretch over the podium if you want. Yeah, I can do that. It'll stretch over. We'll do that. That way. I got you. I may I may be okay. Yeah,

I may I may be good to go. The only thing I'm going to struggle with is if I have to zoom into things, but that's okay. I'll I'll use that. If you if you have one of mine apparently fell out of my my backpack somewhere, I guess.

It's all good. It's all good. I do too. Like I think when I unzipped the box to put my charger in fell out of I've Greg R.

Pretty much all y'all going home. Um, as Carter, I don't have a problem with that small guys and this should be pretty easy. Richard, that's important.

spots right just off the page All right, let's let's let's Yeah, I got it. My microphone's on. Let's proceed. Go ahead with with your presentation of your development plan.

Uh so my name is Eric Gregory. I'm here uh representing the Kroger Company. Uh we're here for our final uh development approval after receiving preliminary development approval on December 2nd. Uh since then we've been working with Kimley Horn uh and Kim Horn aware Malcolm engineers to submit all of the documentation for the development approval. Uh we've been working with Carter and his team through city comments uh submitting for the storm water permit. Uh we tried to address all of the uh the comments that you all made in the preliminary meeting. Uh most specifically the burm along Steel Road that there was a comment about making sure that we screened along Steel Road. We've since addressed that with with a BM. Uh but we also know I think that the homes that are across the street on the north side of Steel Road are either purchased or under contract. Uh we're continuing along with with the burden and uh the screening along there. So, we'll have BM plus trees. I've got an exhibit here that I can show on the screen.

Yeah. Okay. Yeah, I see. Find the height of the BM anywhere in your drawing. Let me let me zoom in on that really quick. And while I'm zooming in on that, Colton, I'll ask you, do we have an elevation on that, please? So at its peak it's going to be four feet and then the trees on top. Okay. Yeah, that's thing that's I think one did. Yeah, we both were asking about that. Making sure

we're big on making sure that we're not affecting the neighbor. to totally agree with that. And I'm I'm happy to walk back through the site plan. Philosophically, it hasn't changed, but I'm happy to walk back through just kind of refamiliarize you guys with it. I'm also happy to address any questions that you may have on the site, the building. I believe we've addressed all of the city comments to date. So if you all have any further comments, we're happy to answer. If I remember correctly, it's going to have some truck wire station. It's going to have Yes.

Keep your fleet clean. It's going to have cross stockcks up here for I guess loads on Yeah. Correct. with salvage, right?

Yep. So, we'll have uh on the east side of the property uh will be the the new road that comes down. Let me zoom out just a click here. And if you're okay, I'll just kind of go point it out on the screen there. All truck access today construction already construction. Everything seems to be sted out again. part of our agreement with land that one of the two of us is pointing down last trucks will cross south at least 18 trucks out there. We can expand that trucks pretty easily enter as they're coming back from stores. They've got they've got goods like that operation where all products off truck as part of waist stream donation. As part of recycling efforts here operation with a dedicated parking area for the salvage operation parking lot

traffic their job safety You mentioned the truck washing operation just internal trucks. No outside trucks there. We'll have cross stock operation on both the building. We'll have our main office function here.

So in a nutshell, this facility is basically going to you're going to take off the road trucks. You're going to bring them in on one side. You're going to break them down and then distribute them out to your for fire potential test.

All right. So, is that just a Plenty of water on correct for Hey Carter, what is the procedure? You know, there's the existing uh cemetery, when they start grade work, what's the procedure to make sure that that's not encroached upon? I'm I'm asking just a curious question because I don't I don't know

where it's at. Gota Can you point out what you're talking about right here? Yeah, see it on here. So, this is the cemetery. Cemetery. This one says existing cemetery. Mine does. Yeah. So, that little spot there,

yes. So, you're going to leave a road for them to be able to access their cemetery there. So that's not even part of this property. That's part of their property and they're going to commit to make sure that that's maintained. We we'll deal with them on that. Yeah. I was just curious on how we need to maintain that that doesn't get bulldozed over.

Understand from our standpoint because it's off of our property. Our standpoint together looks like it's about 100 ft property line.

I'm good with it as it stand. I just want to clarify. It's not something I I've I've dealt with on my time on the board. So, it's a just some questions I just never never dealt with it. Just want to make sure it's a fair question. And anytime we show this site plan internally, some somebody existing.

So, how many just remind me how many trucks did you say was going to be coming in and out? Uh we're looking at about and just to ask I know you have to have it anyway but the new road's going to be cut before you your uh for your but yeah you have you have to do still 300 trucks look like when do we think construction of the road will start?

Pardon me. Okay. As far as when they're actually going to start on it.

Okay. wouldn't mind. Could I take down the information? I didn't write it down last time. We're closer to having an operations presence identified. That so if I get the information after that be great. Hey Chris, do you have the information for the for for living the proof? I can get it. My church works with Thank you. Yeah, that's great.

All right. all adequate.

They put the bar like like we want and the trees on top. So

I see no reason to hold. I'll make a motion to approve the final development plan second for project wave. Our chairman's not here. He's the vice. Let's have a vice. Okay. All right. Uh we'll do uh all in favor say I. I. I. Motion passes. Thank you. Thank you. Anybody want to make a motion? Do we have a motion? Motion to adjurnn. No, you have to sit here. We have a Do we have a second? All in favor? Gav it. Gav it. Say we're done.