Apc - Regular Meeting

Okay, we're going to get started for tonight. Thank you all for coming out. Um, this is uh this is the Miami County Plane Commission. We are going to start the evening with a public hearing and this is for a reszone of the north 31 corridor that is around the state police post. Uh so part of our we're going to go ahead and open that part of the evening for the public hearing. We'll get to the rest of our meeting here in just a second. Uh at our last meeting it was presented that there are gaps in the zoning ordinance and so the area basically around the truck stop RMC and the state police our current zoning ordinance shows null. So Corey has been working for a couple of months to get the zoning to align with the current use. presented that at our last meeting and uh we have a we are in a public hearing right now to take public comment on that project specifically. So uh before we get started from the public any questions for the board on the proponent zoning map for the north 31 corridor there

yes from the board. Yeah. Do you guys have any questions for Corey on that? you've had some a couple uh a month here to review this and again what we're trying to do is to match it to what the current use is today. We did we talk about leaving that trapezoidal industrial parcel on the west side of North River Cemetery Road leaving that or did the did the owner maybe request that be changed? No, we we talked about it, but I don't think I remember to go back and change. Okay. Well, maybe they're here tonight. That's a possibility. So, that's my only comment. Okay. Is that the parcel just above the state police post?

Uh, yes. Okay. I mean currently right now it is being farmed and so unless we wanted to change that for future development or or leave it you mean what' you say I mean leave it the way you said change it sorry leave it the way it's drafted right now as reverting back to farmland or we could leave it or we could change it to industrial if you wanted it for future development. We haven't proposed going from I1 to an A something. Yeah, requested that.

Well, I I don't have huge heartburn about it, but maybe they're here tonight, so maybe that'll shed some light on it. I don't even know what the parcel number is for that one. Yeah, but I know there was one on the east side that they did ask. Uh, I believe that trapezoid that you're talking about is actually owned by the Indiana State Police

on the west side of Yeah, that's what I'm talking about. Okay. Again, it's not not not a hanging up enough for me, but maybe again maybe when we open it up for public comment here. Okay. Any other questions? Okay. Is there anybody in the public that would like to speak for or against the zoning any of the affected land owners? Yes. If you could just come up come up here. I just need your name and address for the record.

My name is Sandy Warcraft and the address is 3148 West 200. It's not working. This is the only working microphone that we have. Yes. Go ahead. Um my question is if they change on the west side um to business and those of us we've got horse a horse does that affect our animals?

Yeah. No. Uh so this is only the parcels that are being resoneed business currently have a business on them. So it would not affect anything that you're doing with with your with your parcels. So would it still be considered agricultural on that side or would it be business? It's whatever it is today. So we're not changing any of your zoning. Yeah. Yeah. You're welcome.

Anybody else? Yes. Excuse me. Uh Tori Pendell at 101 and a half East Main Street. Uh you said this is already being used as farmland. No, it's so it's it's already being used as businesses. So our zoning map was was said that these areas were null. Okay. Basically, so we're updating them. So it's the state police post, the truck stop, what would be the uh concert venue. It's that sliver of basically everything around the 31 corridor. So we're updating it to reflect how it's currently being used today. Okay. with the proposal to change it to what? Um, so they're all

so it is a mix of B3. Uh, we've got a business that is industrial over there. Uh, so there's a couple of I1s. Uh, there are one, two, three, four, five. There it looks like there's uh there's 19 parcels. Yeah. So, it's basically from 2431, that little sliver up to the state police post. You said something about changing it from I2 or I1 to A1 or A2. I would support that. All I have to say.

Okay. Anybody else? Okay. Hearing none. Do I have a motion to close the public hearing? I motion to close the public hearing. Second. Second. Okay. All in favor say I. I oppose. Okay. That public hearing is adjourned. We will go ahead and start uh our agenda for this evening. This is the March 11th, 2006 meeting of the Miami County Plane Commission. We'll go ahead with a quick little roll call for attendance, please. Tim Holland here. Dan Hunt here. Brad here. Graves here. Palmer here. Messleman here.

Jamie Hopper here. Smith here. Greg Wilkinson here. Courtney Schmidt. Okay, we'll go ahead. Uh, next is the approval of minutes. This was from our meeting on February 11th. Uh, that was in the G room. Any questions or comments on those as submitted? A motion we accept the minutes as presented. I have a motion, a second. Any other discussion? All in favor say I. I. Opposed. The second. Motion carries. Agre. Sorry.

Hey, we'll go ahead with the staff report, please.

Looking at the work that we were able to do uh in February. Looking at the work we were able to do in February, we did issue 25 permits which was up about 14% from last year. Um those consisted of six additions, one carport, a commercial storage building, one demolition, one new dwelling, three electric, one greenhouse, three pool buildings, two pools, two remodels, three roofs, and a storage shed. Uh you do not have any egg permits. I was surprised by that, but no ad permits requested tonight. We did close out 44 permits, so pretty hefty amount there closed. Uh we did process five split applications assigned three new addresses. Looking at the revenue side from permits, we did bring in $9,293. There are three variances that are applied for tonight. Uh 15 contractors registered as well. unsafe building side of things. We did have one complaint that came in um and I was able to close out one case. So, it's a wash there. We do have 37 active cases still looking at the unsafe building side of things. So, you want to take the violation side.

Okay.

Over the past month, our office received eight new complaints, seven of which resulted in active violation cases. At the same time, I was able to resolve three cases, bringing our current total to 111 active cases, which is a 12% increase compared to last February. One case was forwarded to our attorney, bringing his total to 25 active cases. We also issued two violation fines totaling $75, and one lean was placed in the amount of $160 due to unpaid violation fines. We did not receive any violation fine or partial judgment claimings last month. On a more positive note, I was able to release 17 leans that had been previously placed with $2,295 being paid in full from fall settlement. Looking at the eight new complaints, one was related to a stop worker order that was placed on January 7th, 2026. The property owner has failed to make contact with our office. One case involved an easement or rightway encroachment concern. One was a new potentially unsafe building case and the remaining five complaints were for garbage and other debris on properties. The encroachment complaint was quickly resolved and sorry after the property owner provided documentation showing they were within their property line. The remaining cases are currently being worked toward compliance. Overall was a productive month and I'm preparing for the increase in grass complaints that tend to come along with the upcoming warmer weather. Any other questions for staff?

Okay, we'll move to finance report, please.

Yeah, looking at our expenses from last month, we did not have too many. They we had one for the legal notice for the hearing tonight and then um attorney charges, gas bill, and then some reimbursements from variations. The one thing that I did pay out uh this week that was a little different, we had our first bill for the comprehensive plan update that we are doing and uh that was a $12,110 that we did pay out um to Taylor's life and Williams design there. Overall, we are still plenty of healthy on our budget. um we already had budgeted in and I had carried over money from last year for that comprehensive plan update. So uh budget is healthy right now. Okay. Any questions on expenses? Okay. Any committee reports for tonight?

Yeah, there is a committee report. If you look in your um current meeting files, you'll see there is a note from TSW design groups for the work that they have done so far on the comprehensive plan update. They've done quite a bit work here as we've had steering committees that have been formed and met. Um they've already done some public outreach items. There are surveys going. Uh it's just a quick update there so that you can see uh we are quickly closing out the first phase of this plan update uh which is that data collection piece from the community. Uh here pretty soon I think week after next we will be starting on our focus group meetings. So there have been specific people and businesses entities in the community that have been targeted to hopefully get their response on. So those focus groups will be coming here and I believe that would be the first part the end of the first phase here with the comp plan. So we are still on track to get this closed out hopefully by September 12th I believe is the target date to be updated on our comprehensive plan.

Did they follow up and indicate if we got pretty good coverage around the county with the surveys they did? Uh I I want to say somewhere in I don't know if it was on this letter or in the communication that I've had with uh the design group, there was decent coverage uh on the survey. I think they would have liked to seen a little more uh participation, but we did have a pretty good turnout for the open house, which was I think maybe balanced it out a little bit. Any other questions? Any other committee reports? Okay, hearing none, we'll go ahead and start with old business for tonight. Uh the only item of old business we have is a discussion on the data center moratorum or the ordinance discussion. So, um, the ordinance committee, uh, met a couple times here in the last couple of weeks to work on a draft ordinance. Uh, that has been provided in your packet there. Uh, a huge thanks to everybody that submitted comments uh, that related to what you would like to see in an in an ordinance. Uh, we really appreciate uh, there were um, lots of good emails that had s suggestions. Um, I had an opportunity to meet with some folks. So, thank you very much for those. Uh, a lot of that went into drafting that ordinance. Uh, a little bit about, you know, kind of the discussion that we've been having here is that tonight we would try to make a decision on if we're going to move forward with a moratorum or if we're going to move forward with a public hearing for the the ordinance. So, just kind of a primer on how planning and zoning works. This body here is a recommended body. We are not a

rulemaking body. So everything that we do still has to go to the commissioners and then if they they can either approve it, they can send it back to us or they can kill it. And so uh uh even though we are looking forward to taking action, whatever we do still has to go to the commissioners uh for any sort of adoption. And again they can agree or disagree with us there. Um you know as we've had a discussion around the moratorum part u you know it's our understanding that a moratorum can only be put in place as a stop gap. It's still an ordinance uh has been adopted and Mark you can correct me if I'm wrong down there but that's the legal advice that we had. You can't just have a moratorum that's indefinite uh while you're not working on some sort of an ordinance there. So, um, we've had again a lot a lot of good comments. So, whatever the board decides to do here, we will have to have another public hearing at the April meeting. That hearing and the 11th is when you can agree, disagree, give us whatever comments that you like about about the draft language. So, you're either going to give comments on the moratorum or you're going to give comments on the draft ordinance. So, uh, there will be lots of time for public comment then and then you'll have an opportunity again to talk about with the commissioners, uh, give your thoughts for or against any of that legislation there. So that's a little bit about the process that plane commission goes through as we're working through uh uh a lot of these issues and especially drafting a new ordinance uh you know can can be quite can be quite a chore. So there is a draft ordinance that the ordinance committee has put

together. Uh Corey has it. I believe Mark has done a quick review of it. Um, I don't know. Does anybody want to that was on the ordinance committee want to run through any thoughts that were discussed or anything that's in the draft ordinance?

Can you tell them how it correlates with like the state and everything like it's

Yeah. So, yeah. So, that's a great point, Scott. One of the things that we looked at in the ordinance committee is what is what does the county get to regulate and what does the state regulate. And so one of the things that we look at, you know, um these data center structures are obviously a commercial sort of structure. And so a lot of what we looked at was what what is regulated when you get into the large facilities, what the state uh uh what is it, the state building or state fire marshall. So there's a what's called a state design release that you have to go through. Uh that's where they get to tell you how you build things, what kind of fire ratings, what your electrical codes are. Um and then there's also uh uh DNR regulates a lot of the water highcapacity water users. So a lot of what we looked at as well is what does the state regulate and what does the county regulate. Uh sometimes it's it's difficult for a county with a limited staff to put additional regulations on what the state does and keep up with that. This is the same thing that our livestock producers go through with IDM and KO permit. So a lot of times these ordinances um the county gets to decide where you want them. The state helps you from the uh state building code say how you would actually build these. So there was a a lot of research that went in there on uh on looking at what does the state already regulate, what do they not regulate, what can the county regulate.

Any other comments? Maybe if you want to point out why we need the ordinance like right. Yeah.

So that's a great point. Thank you. Um so why we need the ordinance? You know, right now, uh, we have what's called an allowed uses table that's in our ordinance that says where you can build structures. Uh, right now it's called a computer center, which tells you how long it's been since that that part of the ordinance has been updated that allows these to be built um in a business or industrial area. And so if we don't have an ordinance then essentially any project that conforms in those areas can get a building permit and move forward. So the purpose of the ordinance is also to put the stipulations around what you have to submit what you have to do. We saw this with the solar uh renewable energy ordinance. You know there are additional restrictions that are on those projects. Um, and so that's part of the reason why we're looking at the ordinance is so that here are all the things that you have to think about that you have to submit and here's where you can do one of these projects. So, uh, that's the whole 10 with drafting increments.

A little background of data centers currently in the county. Yeah. So, um, I don't know if I have a good background on it. um as part of our design um what do I want to say? The developmental uh plan review committee. Cory's got too many acronyms. Anyway, a committee that reviews all the commercial projects in the county. You know, um the one uh person that petitioned the board of zoning appeals um for for a project currently has one facility, a small facility that we're aware of that's in the Gryomlex. So, in the high school.

Yeah. And I believe that the yeah the high school has a facility a small facility as as well. So um you know one of the other things that we spent a lot of time on is what Scarlet brings up you got to be really careful with your definitions so that you don't have any unintended consequences. And so for example if a school wants to build a small one right a very small room you want to make sure that you're not you know dragging in a bunch of regulation for that. and vice versa, a very large one, you want to make sure that there's the appropriate controls to make sure that that that project is managed. So, um we have we have learned that definitions matter quite a bit and uh so we've tried to take that into consideration when uh coming up with a with a draft ordinance. I think it would be educational or informative if you would talk about just because um people are very concerned about water usage things of that nature the three different types of cooling systems and the ones that we are proposing would be

so I'll just I'll I'll go through maybe some highlights obviously uh we will provide if if the board wants to move forward with this there will be lots of public copies it'll be on the website uh and and we're happy to provide that. But I'll just kind of go over let's say the highlights here of what we put together here. Uh so this does have them uh still would be allowed within an industrial commercial area. Uh we had that they are permitted only by special exception in an agricultural zone. And so what that means is that if you wanted to do it, you have to now go through BCA. Okay. Okay. So that doesn't mean that they're blanket allowed in agriculture. That now says that you have to go in front of BZA for every single one of those projects.

Yeah. So the public gets notified. Everybody gets to comment on that project. It is a very public process.

The adjoining property owners, everybody gets notified. So the reason we did that was to make sure that if somebody wants to do a project in an agricultural zone that everybody is aware and everybody has an opportunity to comment. That does not mean because that language says allowed in the district. It's allowed by special exception which triggers BZA that is an additional uh which is additional bar that you have to meet in order for those projects to to move forward. Um there is um let me see here. Uh so we we have a provision that only a closed loop water or air cooling system would be allowed. So no open loop. Um a lot of the utilities would prefer to be placed underground. Uh we have a provision for security and perimeter fencing. We have a large provision for fire department notification and training. Um we have uh so there they would still have to go through developmental plan review. They still have to submit for a state uh permit. They still have to get a construction design release. They also have to get an improvement location permit. They have to have registered. Um if it is a GIMO, they there's some language in here. They have to coordinate with what's called the EMT coordinator. So the GIMO knows and has the ability to comment on that. We're asking for uh if it is uh along a state road a letter of acknowledgement that ID do that um ID do is uh or DOT has the ability to comment. We're asking for a verification letter from the incumbent utility provider saying that they're able to serve. It will not adversely affect those rate those rate payers. Um uh if there is uh any water rights or wastewater, we're asking for an assurance letter from that provider that it will not harm the public. The health department has to give their approval.

The fire department has to give their approval. There has to be a drainage plan. There then has to be a development plan. Uh, and there's uh two, three, four, four pages of what that's going to look like. That includes everything from routes for emergency response to how efficient they're going to be on their energy to a water management plan. We're asking for a noise study and mitigation plan. Uh, we're asking how they're going to operate and provide a maintenance plan. They obviously have to have insurance. Um, let's see. There's a bunch of fire stuff, fire stuff. um you know if they do seek a tax abatement they have to do that through economic development means um and then we have a provision that if it is more than 100,000 square ft that there also be an environmental impact analysis done and uh an environmental impact statement that's provided on that. They have to have a decommissioning plan. They have to have a comprehensive plan. they have to carry insurance and all of this is subject to zoning review. So those are the highlights as you'll see a lot of this incorporates a lot of the feedback that we got uh from the residents on it. So those are uh those are some of the the highlights there. So any other questions from the ordinance review committee? Again, all this will be provided depending on what the board wants to do. If this is how they want to go, this will all be provided and we will take lots of public comment uh if this if this moves forward at the next meeting. So, anything else? Okay. Uh any other discussion then? So, we we do have this as an action item on our agenda. Uh again I am asking that the board either

move forward with a moratorum request or move forward with a ordinance uh with a public hearing for for the ordinance. Um I think we need to put something in there. There are some data centers in the farther out west that are running solely on generator power like 100%. So there's something about backup generator power. Should be something noted about that. Oh, running. So they're not running on the grid. I gota Okay. They're 100% powered by generator.

We do have a uh So the only point D, you're going to test my knowledge of this document real fast here. There was an acoustic I believe it can only be 55 dB at the property line. Yeah.

Right. Um so that was Yeah. I'll make a motion that we move forward and present it to the next.

Okay. I have a motion from Miss Graves to move forward with scheduling a public hearing. I would second that. I have a second from Brent. Any discussion on this issue? Any questions from the board? hearing. None. We'll go with a roll call vote, please, since I have trouble counting. Dan Hunt. Yes. To schedule a public hearing. Okay. Tim, yes. Hi. Charlotte. Hi. Brent Pron. Yes. Fred Musleman.

Hi. Damler. Yes. Smith. Yes. Greg Wilson. Courtney Schmidt. Oh, never mind. Sorry. So, the motion carries. So, we'll go ahead and schedule the public hearing uh much like we did tonight, it'll be right before, so it'll be the first thing. Um, and judging by the turnout here tonight, we'll probably uh have it back here. Should the schedule allow for Courtney, please? Uh, yeah. So, we'll see if we can have it back back here at the next meeting. Um, yeah, we will try to have Cory, when can we have copies available online for distribution?

Are we making adjustments like the adjustment that Dan just made? Well, if his concern was about the noise, there's a no from the generator, right? But why are you concerned about the back or about it being power generator only? just I mean I know that they're out there so if it's if they run quiet enough they can still do it right that's why I'm saying the sound decel it wouldn't change regardless of how they're powered how much sound they limit to it already in 55 property

I'm not worried about it's not the noise it's just the fact that are you going to allow them to run off of generator power then they're not so they don't have to worry about the power grid, about not getting enough power if they run on generators. Yeah. So, I would say we'll we'll go ahead and distribute this draft at at at the public hearing if we have language that we would like to to change. I would like to do that at the public hearing just so that we're very open about it and everybody knows that the language is being changed. Okay. So, then your original question was when can we get this online? Yeah. Yeah. going to be able to do that tomorrow.

Okay. Okay. So, we'll we'll we'll have that draft language posted and again at the public hearing, we really appreciate comments on exactly what language that you would like to change and what you would like to see much like we saw it in the other one. So, hey Brad. Yes. Um public hearing for next month. Do you want it here same time? Um 6 p.m. Yeah. Is 6 PM okay with the board or 6:30? Everybody okay with six? Speak now forever. Hold your pee. Okay. Yes, we'll do it at six o'clock. Okay.

Okay. Uh the new business for tonight is um we had the public hearing earlier uh for a recommendation to send to the board of commissioners. This is for the US Highway 31 north corridor.

Motion by M. Graves for approval. I have a second by Mr. Al. Any discussion on the board for or against? Hearing none. Roll call vote, please.

Yes. Dan Hunt. Yes. Brad. Hi. Graves. Hi. Brent Palmer. Yes. Muscleman. Yes. Jamie Hopper. Hi. Smith. Yes.

Wilson. Hey, motion carries. Okay, we'll go ahead and open it up for public comment tonight. Again, this is for the plane commission. Know that we will have lots of time at the next public hearing uh for or against any ordinance, but I I will open it up if anybody has any other comments. Keep in mind, board of zoning appeals is going to start in just a minute. So, uh if you have any comments specifically for plan commission. Okay, we'll go ahead and start off. Sorry, I'll just start over here. Tori, you want to start?

Uh, so going to public hearing next month. Uh, you said second Wednesday again, correct? Uh, yeah, it's whatever our regular scheduled meeting. Uh, wait, is it Wednesday or Tuesday? I believe the eight. Yeah. Yes. Um second are you so you are still taking considerations for different languages in the draft or changing the draft. Yeah. So that that's the point of the public comment is that we're more than happy to do that and then what will occur during the meeting uh is that then it'll be very open about what we're changing. Everybody will have to vote on that.

So then if things do get changed at the next public hearing it gets voted on. It will have to go to another public hearing. Correct. Okay. Correct. All right. Yep. And then then it'll go to commissioners. Yes. And then you'll then they'll get to hear it there, too. You're welcome, Elaine. I think I saw

there are people sending me text. They can't get it. You're not videaping. I thought your head recording. The internet does not support live streaming here. So that's why we have this laptop here. It is recorded and it will be posted afterwards. So that is the conundrum that we're currently in is that the G room can support the live stream but cannot hold that many people. We can hold more people here but the video has to be posted uh after the meeting pin uh can close which I believe

the law can correct me if I'm wrong is I think it's within 24 48 hours of the meeting it has to be posted. So yeah, but sitting right there.

We will be glad to work on that for you at the next meeting. Just so you know, Elaine, he followed up with everything I asked him to. That was he covered it all. Okay. I think I saw a hand over here. Yes. Uh Ron Corva, 365 Western, Indiana. I was just curious about what Mr. Hump was saying about the noise. I couldn't really hear what he was saying. I was wondering if you did it. Say a little more about that what you're saying.

Yeah. So, I won't you correct correct me if I'm wrong, Dan, but he he was asking he's heard that there's some data centers that operate out west solely 100% on generator. And so, he was he was concerned about that. In the draft ordinance that we had prepared, there is a regulation that says at the property line it can't be any louder than 55 dB. So regardless of how it's powered, regardless of how it's powered. So if the generators are running, if there is a generator, then it has to, you know, can't exceed 55 dB at the

I mean, I know you didn't get a ton of stuff on the internet, but I have seen a clip where a lady lived next to a bitcom center, but it was much bigger than the one that they were proposing here, and you could hear that thing humming from her yard. She said that was the only thing that she was would like to have some peace and quiet because it's like a steady hump all the time. So that that is also I'll just make a comment. That's also why in this ordinance we said these need to be in industrial and business areas. These need to not be next to residential areas. So thank you. Yep. Yes sir. Okay. Yes ma'am. in the back

state. Um I'm just concerned with whatever might need to occur or not maybe protecting the citizens. I know you shared that um that's why you're not launching it by a residential area. Um I really having moratorium in place a pause on that so that you can get those ordinances in place. That's a huge deal. We just did that in our county. Um, and I think it's the best thing for your citizens. It does a great thing that nothing can come in under current ordinance when people are not protected. And I'm just going to share know what I shared at Raf. You know, it would be great if the farmer might get to stick a capo in a residential area, right? You hook up to citywide, you don't have to fill up well. You hook up to city, you don't have to call manure. And probably your workers live right down the street. So if the weather's bad, they come to work, right? But is that great for the people around that? No. Nobody wants to smoke that. Nobody wants to buy. Nobody wants extra traffic. XY, you know, semis. Um, it's kind of the same thing for a data center. You know, we have them that it could be on a land, right? Which is great for them. You know,

your current it is not allowed in a residential or a land right now.

Okay. So on a end, you know, there's plenty of being there power lines that they can tie right into. So they're not having to up that as much infrastructure cost as far as electric. Um water is unlimited, right? They don't have to be on city water, so it's not merely and there's fewer neighbors, so they have less great neighbor, you know, money to pass out. Um but that's not great for the neighbors that are there. Same kind of thing. you know, what happens to their wells, what happens to the noise, etc. Um, I just I really feel like a moratorum would be a great thing. I know you guys have already chosen to go ahead for this, but what happens if a data center puts their permit in right now and your people aren't protected? That would be my biggest concern.

Yep. So, we we looked at that. The public process is the same for the moratorum. So, that's why we had the decision point tonight. Even if we were to adopt a moratorum, we still have to have a public hearing. Then it still has to go to. So it's the exact same timeline. So

there's nothing we can do today for that. So except that they could only put it in an industrial or business zoned area.

Do you have those things in your ordinance to protect Even if it isn't a business as fast as we can on this ordinance is to protect those people that opportunity for them and do anything hard on that it so you do have those protections and that's the only that Once again, dancers might be the greatest thing that ever happened, but having all those things in place to protect our political, to protect our people, protect our friends and maybe XY.

Thank you. Anybody else?

Yes, ma'am. Um, I'm Bob. I'm live here at Redneck Foot Farms. We're at 10394 East Road for Indiana State Department of Agriculture 2024 river friendly farmer award for best management practices on farmland concern protect Indiana soil and water resources. I don't know exactly what you're wanting to hear or not hear right now, but uh I'm going to go ahead and get kind of breached on a little bit. So, I'm going to go ahead and go with it. Uh I'm personally in favor of uh a complete ban all together. Uh if we're not going to go with a complete ban, I want like a 5year warrant so we get all this stuff figured out. And then when we're talking about ordinances, I want to see huge set. It's like 1500 feet or more from the property. Uh water I want to see specific language. It says they not pump discharge water into the aquifer or the rivers or streams. you know this discharge contains PA and other uh rubber chemicals and carcin but I don't want to spoil my and everybody else's paradise down the Wash River the Ohio River into the golf not to mention the fish aquatic invertebrates that call that paradise also you know um on the note of sound there's no mention of your BBC The C decel, they're always talking about dba. Your 55 decel setback at the lobby line is in dba. DBC is the stuff that if you heard about uh Cooko had as far back into the late 90s, there was a Canes

International was uh implicated in the Cookamo hum. People were actually moving out of town, moving out of the county to get away from it because they're losing their they couldn't sleep. They're they were getting hypertension and disorders. Um, but that coal pump drove people to relocate. According to Battis in 2016, DBC creates low frequency noise but has been shown to cause sleep fragmentation, hypertension, headaches, reduced concentrations, and according to Alvis Pier and Rondo in 20 22 long-term exposure to low frequency noises of DBC cause a physical thickening of cardiovascular tissues like paricardium and is an actual physical stressor, not just a mental annoyance. Boehner al in 2025 found that nighttime noises as low as 33 dB can fragment sleep increase cortisol stress hormone levels and raise risk of hypertension and cardiovascular disease. With all this in mind, I propose a 40 del nighttime limit, not daytime but nighttime limit that probably line with a 50 decel continuous DBC on enforcement. I would like to see large fines for violations in place. Any ordinance should be as stringent as possible with teeth as sharp as possible. Once again, I want to read it for a complete ban, not an ordinance or an ordinance that you know completely banned. If you're going to talk about moratorum, I want to see a 5year moratorium, you know, relax and or other people that are locked out of other places and they're often running, you know, and well, but the Fton County, our neighbors, they they threatened to go to Miami County if they got locked out of them. They got locked out of there. And those guys, you

don't want to do business with them. They got uh class action lawsuits against them for uh overpromising and underdeling to their customers. Check it out. It's all the way. Okay. Thank you.

Yes. Mer and Bob was saying it. It was I didn't hear everybody in this room's idea, but we were coming tonight to hear about a moratorum. He just went right to the ordinance stage, which does leave us open. Now, we're all going to be nervous every day. Is there one going to sneak under the wire before you get your ordinance? We need that to be standing.

Okay. So, I'll address one of one of your comments. Even if we were to adopt a moratorum tonight, it is two months before that actually becomes active. So that's why we are we are we are we are working on getting the ordinance in place to to protect everybody because it's the same timeline no matter if we get an ordinance or if we adopt a moratorum. Mark, am I correct in that? I just want to make sure. Yes. So that's why we had to make a decision tonight of which way that we were going to go. But it's the same timeline no matter what path was chosen tonight.

Yes, it's the same path. We we still so we don't make any of the regulations. Anything that we do, we have to then hold a public hearing and it has to go to commissioner. So even if this body were to adopt a moratorium tonight, we have to have a public hearing at the next meeting and then it has to go to commissioner. So I don't know where you got your information from, but it is not correct. you more time to come together on the ordinance this way timeline. Yeah, it's it's the it's the exact same timeline. Hey, I think I saw Jill. Yeah.

Um, I just want to ask kind of what she said here and I understand you're saying this two month time frame whether you do the moratory process or in one day however as elected officials once you get there elected officials your job is to represent the constituents okay and what is best in the interest of the people and the people here in this room tonight I think probably every single person in this room right here is completely opposed to data centers right now which is why kind of what she alluded to the more employment is in the best interest of the people right now versus jumping right straight to importance we do need time to think and investigate and see what's happening what is other counties doing what are the effects what are the pros what are the cons weigh all this out so I do feel that best interest of this County and the people at this time is a moratorum.

Thank you. Anybody else tonight? Yes. Tori, one last comment, please. One last. Um, so just kind of bouncing off everybody and what you said earlier about how you did take all of our comments into consideration, everything like that. I won't speak for everybody. I will speak for the people in my group right here though I know for a fact that we all ask for a total ban on A1 for A2 land. Am I allowed to ask why you chose to not do that? So it's not allowed now. Um, I mean, essentially that it's already um

it's Oh, I'll use the word. What's the word? Um, like it's there's already a ban on it with special. Yeah, there there's already a ban. So, we would be like we would just be restating what's already in what's already in the allowed uses table. So, are we not allowed you to have a total ban on that? Well, it already there already I mean there already is one. So, I'm talking about like 30 not allowed, not even with conditional use, not with special injection.

So, the way that um and Mark jump in here uh if if I'm saying something wrong. So, anybody in the state of Indiana, that's the the whole reason why board of zoning appeals exists is because somebody wants an exception to the zoning ordinance. So, we could we could state that, but then they have a legal right to still go through BCA. Okay. And if they disagree with that, then they can file a lawsuit in circuit court.

So like that is their that's anybody's legal right. Like I mean it doesn't not this or any any any ordinance. So u I mean by this already is essentially banning it in in those a agricultural areas. But they have a legal right anybody has a legal right to file a uh a petition with BCA for anything. That's the that's why BCA was set up. Mark, am I correct? Incorrect. Please jump in. Yeah. Okay. Yes, sir. Uh Brad Rogers, 3444 West 100 North.

My more general question to the commission. What is the commission stance? Are they for or against having the data centers? Because that'll let the community know whether or not they're fighting against a group that wants them or fighting against a group that doesn't. Yeah. So I will I will answer that question with the court the the intention behind the state of Indiana and the zoning is you have to allow for economic develop or economic activity and you have to protect the citizens of of the county. That's the mandate of why plane commissions exist. And the point of local control is that a group of local people are selected to do that. um where those two things intersect and where that line is is what we get to debate on this issue. Right? So the plane commission is not necessarily for or against any any certain project. I'll just uh so in my tenure here on this board, we've worked through wind and solar, right? Um so what we have to do is we have to objectively look at it and say how do you provide economic activity and protect and and protect the citizens there. It doesn't mean that we're for or against any of that uh uh specific project. You know there are a number of us uh including community members here that worked on the solar ordinance. It doesn't mean we were for that or against it. However, we had to have rules and guidelines of how we're going to handle those projects and what are the rules around those projects. So, um I would ask that that question is a little leaning and that we're not necessarily for or against this, but we are for having language that appropriately defines these and can say what you want to do or if you want to build this sort of use, where are we going to allow it and where are we not? Is that fair?

Hey. Yes. Yes, ma'am. What is the ROI for the community by letting data centers come in? So again, we are tasked with how do you how do you provide economic development opportunities? Um we're not tasked with an individual project again of looking at an individual ROI. Uh that that would be economic development in the board of commissioners.

Can we make the best decision for the community? What is the ROI for the community? Short answer is there is there are no part of jobs. It does nothing. They don't stimulate. They don't help anybody here. They just they don't. everyone else in this room works and stimulates the local economy, benefits the local community. Data centers don't do that. Yes, sir.

My name is Dber. I'm at 311 South 500 East. Um, I am an attorney. I'm not here on behalf of anyone. I'm just speaking on my on my own behalf. But I wanted to say something about the about the timeline of the moratorum versus the room versus the um ordinance and and if it's the same timeline, it's the same timeline. I totally get that. What where where I think there may be a difference is the timeline for the ordinance is assuming that there's agreement at next meeting as to what the language is going to be. Whereas a moratorum is not going to have the language to speak. And that is what can stretch out the timeline of a of an ordinance because people are disagreeing over certain language and you're trying to come together as a group and it creates the possibility of additional hearings, additional additional opportunities to get together and do things and all of that involves delay. whereas a moratorium will at least stop that will will at least protect it while that time frame is being being extended with with respect to that. So I I guess with with respect and ask that we go down both paths at the same time so that so that a moratorum could be put in place to protect in the event that time on the ordinance is required in order to do that. This could be an open-ended moratorum so that anytime you move forward with the ordinance, it would replace the moratorum. It does not have to have um any defined time frame any anything along those lines. It simply provides that protection in the event that discussion is still required in order to come to a consensus on what an ordinance should say.

Mark, do you have any comment on that?

It it's it's a very good point that if at the next meeting there are some significant changes that you want to hold another public hearing because the ordinance has changed so much, you're extending that time frame, an extra month. Uh moratoriums to me make a lot more sense when you you require a long period of time to look at something before is put in place. Um but even a month can be significant in this case. So we we could have a public hearing on both the ordinance and the moratorum but if the recommendation is well and ultimately the commissioners could could have a different outcome too. So but if if the ordinance is put in place the moratorum would have no effect. Okay.

Thank you very much. One more. Oh one more. Yes sir. My concern is who is going to monitor the EMR the EMF produced by any data center.

Not familiar with that terminology. that room back there in the field. It's very harmful to the environment. Any animals, bees, fish, anything in the area on that

join in with him. What about the frequency? frequencies change personalities not count in human as well as animals everything the crops it changes the crops the way they are raised how they seed all that I'm worried about the frequencies I think it should it be the the generator and all that done because we we're going to hear it her name what was your name ma'am

oh Sorry. Diabetic cath 2126 group. N I A L E T A C A B L I N G E R. Okay. Yes, sir.

Yeah. My name is Why would you come to a county meeting? Well, number one is this cat county has the highest handle rate in the state. You can look it up. Ground water. There's a lot of them. Have anybody that pays attention to farming and stuff? If you walk out right now and check the groundwater, if you do a they do studies on this data center, do they check groundwater levels of it? Because that's that's a good question. Right now, I have five well five. I've lived on his farm for 60 years. Everyone is completely up. I've never seen it my entire life right now. Everybody in our groundwater is so low and we're talking data centers have to use groundwater to cooling it down. Where's it all going to go number? We're already way below all the state of Indiana below. Imagine that. That is a big concern. This is going to affect not only Cass County, it's going to affect Miami County. Right now, if you walk out here, just go out here north of town here. Remember the uh wells that all come in out there, the water that closed, clear, they're out here at the west of town. Look at it. It's way way down. There's hardly any water.

And that is a concern relation. And I think it should be concern data centers are starting to pop up like Dollar General.

The the CEO can't even tell you in Dollar General how many stores he's got. That becomes the same thing. And it's very concerning agricultural land you can't eat that you got to have your land into it and it's going to contaminate and you know you're you're a committee you're here you're economic development committee commissioners athlet 40 years and this county One of the biggest factories right over here, contamination in the ground. I asked the committee of this this city. I asked where was everybody at with this contamination before long take a look at the battery factory that they're building right now trying to get rid of 187,000 tons of concrete from the battery factory. And there again, committee sat there for years said the best thing for the city. 40 years later, guess what? We got a big problem. We don't know what to do with it. I think it's it takes the future, this committee, future of our commissioners to look deeper into things before they put it in the ground. Okay, we'll do one more comment. Yes, sir.

County, we did get a one more. We have an ordinance that needs to be ready. I hope it's got a whole lot more than what you've stated so far. Um, we're thinking about 10 or 15 foot pipe burn around the whole property. Course we're looking at agricultural land, unfortunately. Um, also have you got in there anything in your ordinance a bond in case they would fold up in seven or eight years and move out to clean it up. Maybe you got that.

Also, one other thing I have I didn't hear mentioned was water that they they call it a closed system, but they do have to flush that water because of all of the biochemicals in it to prevent organisms from growing, anti- rust. somewhere that water has to be flushed and who's going to have they got a retention pond in there for that. So, several things to consider. Thank you.

Okay, so again, we will be posting a draft of this. We would love comments on what you like or don't like about it and any language specifics are very much encouraged from it. Uh so, and you will have again ample opportunity to share comments at the public hearing at the next meeting. So, it'll be shared on that email. The website, uh, it's our county website. Yeah. I believe it's miam countyin.gov. Yes. Yes, sir. I'll have a motion to adjurnn. BZA. Oh, I'm sorry.

So, we're within our right to fit the moratorum if we want to do a public meeting for the moratorum. After the public meeting for the the that center ordinance. Correct. Yes, we are. We're within our guys still talking here. If we could just give us a couple. Yeah. Well, I would say you have one and then the other. Yes. On the same day, I would make a motion to hold the public hearing for the moratorum after the public hearing for the data center ordinance.

Okay. So he has a motion to schedule a public hearing after the public hearing for a moratorum at the next meeting. I'll second that. We have a second from the commissioner. I think the other way around. Say that again. Was I mean there's no sense having the hearing on the ordinance if we're going to give ourselves another year. Well, my thought was was to hear how the discussion on the data center went. If we end up stalling out on that, then we have the moratorum discussion. Yeah. And the the moratorum's not doesn't have to be openended. We can say once a ordinance is developed or put into place then the moratorum is no longer that's the language. Yeah.

Previously moratorum. Okay. Yeah. So the discussion would be for a public hearing scheduled after we consider the ordinance in case it that discussion goes lengthy and gets drawn out so that a moratorum could be discussed and voted on. Okay. Any other I have a first and a second on the board. Any other board discussion on that? Everybody understand what you're voting for? Can I ask a question on that? Uh not right now. Okay. So, okay, Mark, you're you're okay with all that next session. Okay.

Okay. We'll go ahead with a roll call go, please. Hunt. Hi, Tim. Hi, Brad. Hi, let me Jamie Hopper. Hi, Lynette Smith. Hi, Greg Wilson. Okay, motion passes. So, we'll have we'll have a public hearing scheduled after the other public hearing. Backtoback public hearings meeting at the same meeting. Okay. Anything else from the board first night? I motion that we adjourn. Motion. Do I have a second? Second. Second. All in favor say I.

If you're here for BZA, we will get started at 7:15. So,