Montgomery County Council - Regular Meeting

Good morning, my name is Dan Garden, President of the Board of Commissioners. First item on our agenda is our consent agenda. I'd move to approve. Second. Any discussion? All in favor say aye. Aye. Opposed? Under new business, we have a public hearing, Ordinance 2026-10, consideration of a rezone of property in the 3700

block of east 350 south from agriculture to industrial mark oh yeah your case today is rz 2026-3 and the petitioner is stephen a jones with representative greg morrison again the location is the 37 east block of 350 south it is adjacent to performance master and the case is a rezone from agricultural to industrial today you'll conduct a public hearing to consider the request to rezone 21 acres from ag to industrial. The subject property is currently used as agricultural row crop. The petitioner is seeking rezoning in order to market the property to Perspective Buyer. The Perspective Buyer, a water treatment company, has indicated that rezoning is necessary to proceed with finalizing the purchase. The property includes the Joel Tobin legal drain located at the southwest corner and contains approximately three acres of wooded areas. The plan commission did send this rezone to you with a favorable recommendation, and they did go through the classification list and take out several classifications in the industrial zoning classification. You have that in front of you. And then you have your five factors, the comprehensive plan, the current conditions and character of the surrounding area, the most desirable use of the land,

current the conservation of property values and is this responsible development and growth thank you mark at this time I'll open the public hearing at 803 if anybody from the public would like to come forward and comment Seeing none, the petitioner, you represent the petitioner. Go ahead, Greg, if you'd like to speak.

I'm Greg Morrison with Morrison Realty representing the owner, Steve Jones. I've had the property for sale for now for a few years and I have to advertise it as ag gram because that's what it is. Most of the Majority, I'd say 99% of the people that have inquired about it have asked about whether it could be rezoned industrial. Said it could be. Just have to go through the process. So we had enough of those. We do have a client that has made an offer on it. He will have to then. They would have to get approved for what they're going to do. But we're requesting rezoning so it can be advertised for industrial. It's industrial next to it, across from it. making a more attractive piece of property itself for the client, even if this one project doesn't go through that could apply after it gets rezoned. And it is a small tract of agricultural grounds, so it's not very desirable for many farmers or anybody because of the size of the tract. So its best proposed use, in my opinion, is industrial. Any questions?

You guys have any questions for Greg? I know Jake sat on the planning commission to hear that. I had some questions for the people with Milestone.

Yeah, and this whole thing, what we're trying to do for Jones, and I'm getting, whether this other deal goes through or not, I'm not, I'd like for it to because if it will, But this is just to get it rezoned industrial so if we have anybody else apply for it. Right. We had a drone company from California that looked at the property, want to know what it would take. They said, well, we're not going to go through the rezoning process. It needs to be rezoned and we can apply our permit. That's what those people would be doing. So their wastewater treatment is what a letter of intent is. Yep. Uh, they're out of Texas and they do have a, uh, letter of, uh, intent to, to move forward if it gets zoned and then they will have to come back to you guys to get the permission for what they're wanting to do. Uh, if it goes fine, if it doesn't go, then I'm ever, ever able to advertise the property easier and try to find another client for it.

Gotcha. I just had some specific reservations regarding a commitment from them. as to what they're doing and what we would...

I think what will happen now if this passes, they will move forward with an actual purchase agreement to us contingent upon the ability to get it rezoned for their proposed use. They then will come back to Mark and you guys with a proposed use, what they're doing and go through that process with you guys I know they have to meet all sorts of state and federal requirements that they have to do it. Right. But it would still go back to you guys to approve that at that point. So.

No, not actually. No. If it's rezoned industrial, if you adopt the Plain Commission certification, They wouldn't have to come back to you and ask if they can use it for this use. They would have to follow the development plan review which, but if it's, if their development plan is consistent with the ordinance, it's a non-discretionary approval. So this is your one shot. This is your one shot at controlling the use here. So I understand why the owner wants to rezone it more broadly but, But if, for example, if you look at the certification in front of you, what they've done is it could be used for any of 21 different uses after you take out the uses that have been eliminated by the Planning Commission. There's still 21 things that it could be used for. And so anyone, for example, if you granted this rezone, A carbon sequestration could go there, chemical manufacturing, concrete mixing. And nobody would have to come back and ask you. Because they would have a right to develop it in that manner. Those uses would all be approved. Truck terminals, machine shops.

So I'd like to say something, being on the Planning Commission. So that was the process of what we did as the... as the commission as we felt with it being next to Nucor and in that Nucor corridor where we have found that industrial, we've identified as industrial growth area for us. We think there's potential here, but we didn't want to see a slaughterhouse or a wind farm. So we tried to limit that a little bit, but as far as a business that could compliment other industries there, we felt that it would be inappropriate land use. So that was a conversation we had in the planning commission.

Now, in that planning commission meeting, I know there were some talks for whatever reason they chose to, they didn't want to name the company across the street, the business across the street. They act like they were going to be possibly doing business. Have they had any discussions with, I'll say it, Nucor?

Yeah, I don't know. I mean, I do not represent the buyers even. Right. Another agency does, so I don't. So they see that then, I know, as a potential client because it's what they do. But I think they also feel there's other potential clients in the area, especially with the Lebanon project and everything. Sure. It's going to be that four from them. So have they had any direct contact? I do not know, Dan, for sure. Okay.

I just have reservations. I guess with this project in particular, one, I can't even fathom the process of what it takes to how they would operate and then send stuff 5,000, 6,000 feet down under the ground. So I just I'm kind of hesitant to approve this and then they back out and then we've set ourself up we've approved it for something like that and then we have no control over what would then somebody down the road that's not the one that is looking at the property so i'm kind of hesitant in that sense okay but if it happens below the ground do we have really any authority as a commissioner as far as i mean don't as far as setbacks and

Aesthetics of properties.

I mean, when it's below ground, isn't that an environmental... Yeah, their actual disposal method they proposed being 6,000 feet under the ground, all that activity would be regulated by the EPA and by the Indiana Clean Water Department, just like carbon sequestration. They did say in the hearing that the plume of their brine... you know, their treated water would be no bigger than the property, as you recall, you were at the meeting. But so it isn't like, so yes, we're dealing with, this decision deals with the use. Again, when you deal with use, you don't get to what the building looks like or how the traffic circulates or the parking until later, that's development plan review. This is just use. So yeah, you're trying to figure out what, In this case, what industrial uses you might allow on this particular site and then we'll get to the details of the buildings later and what happens underground is all regulated by somebody else. Unless you were to find that that activity below ground would create a public harm, you know, and be injurious to the public health, that's one of your criteria. Greg, do you know, it was unclear. I wasn't at that meeting, but I watched it to try to catch up. But if the Milestone Environmental, if they are successful in purchasing it, would they use the whole site? I mean, is their offer to buy the whole thing?

Yes, they're buying the whole thing. Thank you. It would be in there. It would transfer over to them. The whole 21 acres would. So I don't know how much of that. There were some pictures of staff. Of course, they showed up at the meeting, which I wasn't even aware they were going to because I didn't represent them. But they had some information. I don't think they came totally prepared to put on a full presentation like they would have to if they come back now to mark for the site plan and stuff. But it looked like there was a terminal building, more of an office warehouse type space. I don't even remember, 25, 30 people, maybe employees. Jake, do you remember? Yeah, so it wasn't a big...

I think they said 20 people once they were fully built out. A large part of their site plan, conceptual site plan, was the staging of trucks, and they estimated about 40 trucks a day is what my notes said, so not... for that road, not a huge amount of traffic. And then all the facilities are inside. In their system, all the tanks and all that is inside. It's a very innovative method. They're not going to have big ponds outside. It's all inside.

I think they have to go through quite a bit with the EPA and regulations to even get for them to get their site approved before they could even move forward too. So, so I think they get involved in that. That would be their next step then to start that process. The site design can get in there, in department, in them there. And there, it seems like they, there were some other agencies that they had to conform to, to do stuff. So they had a list of things they would have to do that possibly wouldn't fit after, At that point, they wouldn't have to go through with the purchase because they have 180 days to do all their research from that point.

In my understanding, I too, I watched the movie, not the movie, the meeting. They're going to have to do some research. They would have to purchase the property first and then do some because they were going to do some studying on some geologic history.

They have a letter of intent at this point if we get it rezoned industrial, they turn that into a formal purchase agreement. In a formal purchase agreement, they still have the right to do inspections and get all the permits, inspections to allow them to do it before they close on the property. So that could be 180 days or so for that. But so they've got, and then at that, so they would not purchase it unless they get

all their stuff done that they can actually do what's on site or the deal goes goes falls apart basically goes back then it goes back on the market and that's it that is a concern of mine that they would go through the that whole process find that it's not a good fit for them we have approved the rezone for a facility or a company that would be like that that

Can I ask, if I may, what other ground out that area is zoned industrial already that you have zoned industrial or out toward the interstate, Mark? I mean, you've got some other ground already zoned industrial now that would be open to, you're opening that up to people to come into. That's what I'm questioning. This site looks like it should be opened up for that, too, myself. All that, I guess, was across the road, but that was where Nucor went into in that. Okay. Okay.

I guess that's where my head came from. I know for the specific request, there is a buyer in mind, but aside from the buyer in mind, when you look at the landscape of the county in this district, is it in our best interest for this tract of land, 20 acres and a couple blocks of trees, to be an employment... revenue driver for the county or to be an unattractive piece of farm ground. So that's, that was my vein of thought. And to, of the process this potential business may wanna do, there's, you have EPA and IDEM that have to approve it above, yeah, out of my wheelhouse. But yeah, if it falls through, I think it'd be a good site for potential growth in that area. Yeah. You have anything else?

Yeah, Greg, I got just one, a couple questions. My head's kind of going in the area of thinking, okay, if we approve the rezone for this potential buyer, as well as... Two things. One, add just general manufacturing. And then my one thing that I would like to see spelled out in it if we did that would be no hazardous waste. But other than that, would that help in marketing this product at all if it was just general manufacturing as far as industrial?

Yeah, I mean, if it's that way, I mean, I think the company out of California that was here for the drone company, which ended up, wasn't going to go through this process and I think ended up in Putman County and then there's been some other we've talked about maybe a trucking trucking company looking at it for something do we is that not in the restrictions on it that there's no hazardous waste in there did you guys not have that in there or for the industrial zoning mark it was literally a pick list of each classification okay yeah and so I mean I see what you're saying and The last thing I want is for anything bad for the community out there to happen. But also, if it brings another business in and more development, and it goes from being tax farm ground to industrial ground and increase the tax base. But I don't think any of us want anything that would cause anything hazardous to it. But it's just 21 acres of farm ground, trying to sell that back to a neighboring farmer isn't going to happen. Best potential use is some sort of industrial commercial use type.

That's all I got for the public hearing side.

Done? Okay. Anything else? Any more? Anything for Greg? All right. We'll let it be known that we'll close the public hearing at 819. Thank you, Greg. Okay. Thank you. Next is our renewal policy of county's cyber policy. Go ahead.

OK, so this is just the renewal of the policy. The policy would go from August 30 of this year to August 30 of next year. The premium stays the same at $30,707. It's just a renewal.

I move to approve. Second.

Any discussion? All in favor say aye. Aye. Opposed? Next is the Nucor Taxpayer Agreement. Dan?

Yes, we've finally worked out the Nucor Taxpayer Agreement. And this is the agreement that relates to the Nucor Bridge Project. And this is the agreement in which we ask Nucor to cover any payments if there's a change in the tax law. or change in circumstances so that we can pay the bonds that we will be issuing, or the Redevelopment Commission will be issuing to build the project. And I can tell you, glad to report to you, that Nucor has signed the agreement. The Redevelopment Commission has approved and signed the agreement. And so now we're just up to you, and I'd recommend that you approve it and sign it today. And as you know, this just helps us market the bonds and tell investors that we really are going to be able to make our payments.

You've heard what Dan had to say about the taxpayer agreement. I'd entertain a motion to approve.

Move to approve.

I'll second. Any discussion? All in favor say aye. Aye. Opposed? Next is the ordinance that we just held the public hearing for, the ordinance 2026-10 to reconsider the, or to consider the rezone of the property, 3700 East, block of 350 South. Entertain any motion?

I think, If either one of you have anything that you're going to say, I'll go ahead and say what I think, but see how this goes. But I would, and Dan, you can tell me if we're completely on track or not, but I would move to approve the rezone for the request of the potential buyer as well as general manufacturing And also the exclusion to make sure that we add no hazardous waste in there.

Just for clarity, the, so the motion would be to approve it for water and sewer treatment. That's the language we use in our ordinance for that use and general manufacturing. But no hazardous waste treatment in that water and sewer treatment use? Correct.

OK. Or any hazardous waste treatment of any type.

OK. Dan, on our, that was, hazardous waste was excluded from our initial reason request, correct?

No, not in the motion. You asked them several times whether there would be hazardous waste, and they said repeatedly no, they wouldn't accept any. But it wasn't actually part of your, and Mark, correct me if I'm wrong, but it actually wasn't in your recommendation. I know you talked about it because I watched your meeting, but.

Well, I was just reading the list here, and I didn't see anything listed, so.

Well, we don't have a use for hazardous materials. Various uses might or might not involve hazardous materials. But I think Jim's motion is appropriate, and it would line up with what you heard that day by Milestone.

I second Mr. Fullwater's motion.

We have a motion and a second. Is there any discussion further? So when Jim said... made the motion for this petitioner. Does that mean if...

I've corrected him. What he meant to say is the uses he would be approving are water and sanitary treatment and general manufacturing, but no hazardous materials handled in the first use. Right, Jim? That's what you... That's what I seconded.

Yeah. There you go. I just, I just want to clarify that when you said for this petitioner in specific for, I should have said for the issue use of the petitioner. Yes. So do we have some sort of protection that keeps us in line with the factors of consideration in the event that this, if they, if they do the study, they, they put a bid in on the property, they do the study and they find that the, um, what they find below ground is not conducive or compatible to what the facility intentions are, do we have some sort of protection for that type of zoning or that type of business going forward? I understand that they would still have to go through IDEM, EPA.

Yes, yeah, the approval would allow any business who treats industrial wastewater and sanitary to move forward. It would be a permitted use on that site as would general manufacturing. So whether it's that Milestone Environmental or some other company, that would be permitted. That would be permitted.

You guys have any, pardon? Any further discussion? Any more comments? All in favor of the motion, signify by saying aye. Aye. Opposed? Motion passes. Next is Introduction Ordinance 2026-11, establishing a fund for the 2026-27 Drug-Free Montgomery County Coalition mini grants.

You do this every year, you know what it is. This is introduction of the ordinance. We'll establish the fund itself for the drug-free Montgomery County mini grant program. The actual grants will be brought to you, but this creates the fund that houses the money once received. And this is introduction only.

Introduction only. And then we have an introduction of another ordinance, 2026-12, amending the purchasing procedures.

Yes, this also an introduction of an ordinance which would just make technical corrections to who purchasing agents are. And so Tom and Tyler Nichols have worked on this to make changes because this was written a while ago when you had the highway engineer, for example. And so it. deletes the reference to highway engineer ads several people who should have purchasing authority including the mapping director EMA central communications director veteran service officer county administrator wasn't in there because we didn't have one then executive assistant to the county commissioner is probably more important Health administrator and chief public defender all of those Several of those positions just didn't even exist when this was written several years ago. So it's just a technical correction to Who can purchase under your authority?

This is introduction Thanks Dan that takes us to resolutions there are none other business you guys have any other business come for us I

I do not, but I went to Toxway Day on Saturday, and it was a great job. So that's all I've got.

I heard that they had collected 324 cars. And they said it went really well. They were happy.

Tom, anything? Two things. Just as Commissioner Fullwater mentioned, this is a the 250th anniversary of the adoption of the Declaration of Independence on July 4th. So there are a lot of events going on in the county, and the big event is July 5th at 3 p.m. at Pike Place. The Civic Band is doing a community concert, so hopefully everyone will attend that. They'll have cupcakes and coins to give away and such, so that's kind of the big celebration. Of course, there are Fourth of July fireworks, and July 3rd is a First Friday concert at Pike Place as well. And then the last I have is just Go USA and the World Cup.

Dan, do you have anything? I'd entertain a motion to adjourn.

Second.

We're adjourned. Thanks.