OurWeek
The Grant County Record
in Grant County · Meeting 7 · 2026-07-29 · full transcript
https://www.youtube.com/watch?v=1wmU8EFyy6k
Exported Fri, 14 Aug 2026 22:36:46 GMT

Source:  Copied into the combined index from the data-center-hearings-indexed report; same text, key prefixed by body.
These transcripts are machine-generated. They garble proper nouns badly —
company and personal names especially. Watch the recording before repeating
any name, number, or quotation. The video is the record.

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Indexed at https://ourweek.in/grant-county/reports/grant-county-record

    0:00  Seven. Started the recording. We're good.
    0:08  Four more minutes.
    0:32  Unfortunate, but I didn't really
    0:49  learn by 41.
    0:51  Not It's just
    1:23  We have copies back there for the crown. Yes. Of the draft. Yes.
    1:31  Hi Gary.
    1:39  Here the hard copy. Okay. Thank you.
    1:48  If you wanted Kale wanted to be in island, but I I
    1:54  asked him to come to say, "Well, no, that's typical, Gary.
    2:00  See, you're in months and he's not coming.
    2:03  That's not coming. I know you just want me to close. I do want your call friendship. I I do.
    2:14  Okay.
    2:21  Oh yeah, we are on page 27, letter Q.
    2:32  Heat. Heat.
    3:04  Are we recording? We're on. We are on.
    3:12  I'm watching the clock.
    3:22  Relax.
    3:41  All right, we will bring the July 29th, 2026 data center subcommittee meeting to order. If you would please stand and join me in the pledge of allegiance.
    3:55  I pledge algiance to the flag of the United States of America and to the
    4:01  republic for which it stands, one nation under God, indivisible, with liberty and justice for all.
    4:16  Todd, would you do a roll call, please?
    4:19  Randy Atkins, here. Gary Duckfall here.
    4:23  Molly Early here.
    4:25  Kale Grindle here.
    4:27  Ed Hartman here.
    4:28  Nolan Holloway here. Bud Shelton.
    4:34  All right. Want to thank you all for coming tonight. This is a subcommittee meeting to review a data center
    4:41  ordinance draft. This is a volunteer committee. No one is getting paid to serve on this committee. The
    4:49  subcommittee is composed of three community members. Molly Early, Bud Shelton is not with us tonight, and Nolan Holloway.
    5:01  Nolan's on the end. and four APC members, Ed Hartman, Gary Duckwall, Kale Grindle, and myself, Randy Atkins.
    5:13  Subcommittee decisions are nonbinding.
    5:16  We are simply a a recommending body to the area planning commission. Our goal is to review the ordinance draft by
    5:24  section and or page, honor community input and discussion, and revise the draft as we go along when needed. We
    5:33  will target ending tonight's meeting at 8:00 p.m. We will schedule another subcommittee meeting if needed.
    5:42  This is our sixth subcommittee data center ordinance draft public review and discussion meeting. The draft is 37
    5:50  pages. We are ready to start with letter U on page 27, complaints. There should
    5:58  be uh copies of the draft at the table back there if you don't have one.
    6:06  If you've not attended all the meetings, you are encouraged to watch the meetings you have missed on the Grant County YouTube site. The meetings prior to this
    6:15  one are May 18th, May 27th, June 10th,
    6:23  June 24th, and July 22nd.
    6:28  As we go along, we're going to please uh ask you to keep your discussion within the audience um kind of low because it
    6:35  can be distractive for others to hear. I hope our microphones are on and I hope everybody's able to hear us. Okay,
    6:44  we ask that you come to the podium, state your name and sign the signin sheet with your name and address. The
    6:51  procedure that we will follow is a subcommittee will discuss the draft by section or by page and then once we have
    7:00  completed any revisions that we want to make to it, we will ask the public if you folks would like to make comment about what we've just just discussed.
    7:10  I get in trouble when I let you speak from the seats out there. So, I'm going to ask you to please come up to the
    7:17  podium and sign in. And we are more than happy to hear your input. We've received a lot of very valuable input from those
    7:26  who have attended the meetings before this one. So, we honor and seek your input. We don't have all the answers.
    7:33  You know, we're looking to serve the people of Grant County as best we can in the development of this data center ordinance draft.
    7:42  Once we have reviewed and discussed the ordinance and made revisions, if needed, it will be presented to the APC in a
    7:49  public hearing for their review and recommendation. Upon receipt of an APC recommendation, the data center ordinance will be presented to the questions for their approval.
    8:02  So, we're going to ask that uh you keep any comments you may have relevant to the area that we're discussing in the
    8:10  subcommittee or in the the draft. And then if you have anything that's not relevant to what we're discussing in the draft, there's an there's a time at the
    8:19  end of the meeting where you can just share whatever your feelings are about data centers, but we're really trying to get through this. This is our sixth
    8:26  meeting and we average about six pages today and I want to set a record. I want to do seven today. So if you have any
    8:34  other comments that you'd like to make that's not relevant to what we're talking about, we're going to ask you to save those to the public comment portion at the end of the meeting. So with that
    8:43  being said, subcommittee members, any questions before we move forward?
    8:49  All right, we will start on letter U complaints on page 27. So if
    8:56  you guys would please review number one, Grant County.
    9:03  Okay. So where it says the county, we're going to make that revision to Grant County. Should that be the BCA or APC?
    9:13  Normally when it says the county that means the commissioners.
    9:19  Okay, everybody okay with that? So the Grant County Commissioners establish and maintain a procedure for filing
    9:27  documentation, review and handling of complaints.
    9:30  I was thinking that this is May I Yes, please. This is Todd Glansancy, our executive director is
    9:37  Yeah, Todd, you're welcome. the complaints kind of come under code enforcement.
    9:42  Okay, I was looking at it from that standpoint and I would put and you know my two cents is the APC office would develop
    9:51  the procedure for taking in complaints doing the investigation and then we would also send the our
   10:00  normal process for complaints. Then after we do the investigation, we send a notice to whoever the person is that we
   10:08  have a problem with be the data center um and ask for an action
   10:15  that needs to be done and give them a deadline for that. This is the problem and we need a an action plan from you within 10 days, let's say.
   10:25  Okay.
   10:26  Um that's what we normally do. And then if the there's not a resolution or they don't get back with us then we go and we
   10:35  within this ordinance as you go down through we will go to through another normal process and fix it ourselves
   10:45  using the escrow money. Okay. And using that escrow money, there's a process for that which is the office would then go
   10:53  to the APC and then we would go to the county council to appropriate the money and
   11:01  then of course through the commissioners auditor and treasurer. So there are some checks and balances. The office just
   11:09  doesn't have free reign of that escrow account. Okay.
   11:12  Right. I I think considering the fact the APC has code enforcement that makes a lot of sense to have it start there.
   11:20  Are is the subcommittee in agreement with that? Are you okay with that, Ed?
   11:25  I'm okay with that. At some point it gets to the commissioners, I think. Yeah.
   11:29  And that may be that may be before you uh spend the escrow account, right? Well, right. We won't we won't be
   11:36  able to spend out of the escrow account until it goes through the proper procedures to get that approved.
   11:43  Unless it's an emergency, God permit. Okay.
   11:47  Grant County APC shall establish and maintain a procedure.
   11:51  Correct. And then moving down to line three, including but not limited to complaints regarding noise, lighting,
   11:58  traffic, drainage, water, construction, maintenance, hazardous materials. Now, it does say that's not exclusive to just
   12:06  those items, but is there anything else that the subcommittee would like to add to that list? Air quality. Air quality.
   12:15  You okay with that? Subcommittee members. Anything else?
   12:29  Are we leaving environmental concerns vague on purpose?
   12:33  Envir environmental cons concerns would the air quality would fall under that anyways.
   12:45  the uh the last part of that or failure to comply with this chapter or the terms of approval. It's kind of a word salad
   12:57  if you're looking at so there's two what it's given us is two different places to
   13:04  go for violations. one is within this chapter for the data center ordinance
   13:10  and there'll be a special exception if this is approved the way it is and if
   13:17  there's any terms within that special exception. Yeah, I'm not I'm not disputing that.
   13:23  I'm just saying it's the the way the way you read it is kind of comes out a little wonky.
   13:33  I almost feel like it should be its own separate peace because it's the first it's a very
   13:41  long sentence and the first part of it is stating that they're going to establish and maintain the procedure.
   13:47  Yeah. The whole thing is one sentence is correct. So and ending it at environmental concerns and start with failure
   13:55  and then failure to comply with this chapter or the terms.
   13:58  Yeah. They start at failure to comply with the terms of this chapter or with this chapter or terms of approval is subject to whatever.
   14:08  Okay. Review by the APC. Just need to read the script. Yes. Okay.
   14:13  Make note of that. And we will add air quality. Just Okay. Anything else on number one?
   14:21  We're going to start a new sentence with failure. We're going to add air quality and we'll have uh legal representatives make sure that that work salad is got some dressing on it. Okay. All right.
   14:32  Number two. Here we go. Head developer. Okay.
   14:42  What are we defining reasonable opportunity as? 10 days, 14 days, 30 days.
   14:48  I think it should be specific instead of opening it. Correct.
   14:59  And again, may I um Yes.
   15:02  It um rolls back into that procedure, our normal area plan procedure on how we handle complaints.
   15:11  Okay. What's the current timeline on the on that? Does it vary by some of it varies by, you know, what the
   15:20  code enforcement officer has on his plate currently? It may take a day or two.
   15:26  Well, this is, you know, but we're we're talking a number of days, not two months.
   15:31  Are you telling me that's going to be part of number one up there? Whenever you create that, I think that's what you're telled.
   15:36  Yeah. Okay. Okay. Office procedure, your office policy.
   15:40  But I think it needs to be stated in this because if not then we're giving them well your ordinance says reasonable
   15:47  opportunity but the procedure says this and the ordinance would supersede the procedure.
   15:56  So it's a reasonable time Todd 14 days. Well, that'll be I think it should be short because uh
   16:05  I think importantly it is how soon does the office pass this complaint along
   16:13  and then how long does the owner operator developer have to take corrective action
   16:23  you know after the notice given I don't want complaints to drag So, you want to take a reasonable
   16:30  opportunity and you want to put a day in there.
   16:33  Yeah. I I mean like uh give me a number of days. Well, I would say 10 days. 10 days for the owner, but
   16:42  I would say 5 days for the office in the procedure. Yeah.
   16:49  Okay. for them to uh pass the complaint along and then then the owner has 10 days. You take it
   16:58  15 days and if this complaints for excessive noise or something like that, it's almost like you want to handle that
   17:05  right away. Well, why don't we put it as 10 days and then something in there um
   17:14  unless otherwise unless corrective action is needed immediately cuz it it said unless it says that at
   17:21  the bottom unless right I don't know that I want to push the office to Todd you're more familiar with
   17:31  the office operations than we are. Do you want a time frame in there for you to be able to respond?
   17:37  I mean, my preference is it goes back to the procedure and office policy, but I I mean, I have that circled, too.
   17:46  Okay.
   17:47  So, give it when you get real specific in an ordinance, it can get tricky. It can bite you if you don't mean it.
   17:54  Yes, that's right. And then if we don't do it, if we don't get to them in 5 days and we breach this, does this give the data center an opening?
   18:04  I don't think that the office procedure needs to be spelled out in the ordinance. I think that their timeline needs to be spelled out.
   18:15  Okay. So, a and I can agree with that easily.
   18:19  Okay. So, give and take that they need a 10day re response time.
   18:26  and just leave the office open-ended. Yeah. Okay. All right. Anything else?
   18:33  And that'll be the part of the job of the APC to stay on the office and what is the time frame for the office?
   18:41  Again, that would be dependent upon what it is and how we put that in priority.
   18:50  You're going to list that in number one. That's a pretty vague procedure. Right.
   18:56  I like it a little more nailed down that this will all it's requiring the office to do is pass this complaint along.
   19:07  Can we number one can we um shall st not just establish establish a written establish maintained procedure.
   19:21  Yes. that's approved by the APC. A procedure and a timeline.
   19:27  Well, within the procedure will have a timeline. Yeah.
   19:31  And that I think we should do as an overarching for all complaints.
   19:39  I think so too.
   19:41  Not just data centers for all complaints and that yeah passing a complaint along needs to be timely.
   19:48  So I think this should match whatever the procedure is.
   19:51  And if we don't have a defined procedure now, one, we need one. Right. Agreed.
   19:58  Okay. So, we're going to go back up in number one. The county grant county APC shall establish a written procedure/timeline
   20:05  approved by the APC. We're going to add that. Then back to number two, we're going to put developer after operator.
   20:12  We're going to take out reasonable opportunity. We're going to put 10 days. Any other changes? Business days. Sorry. Go ahead.
   20:20  Business days or continuous days? Business days. Okay. Anything else?
   20:29  Uh take out the the Grant County APC on line two. Mhm.
   20:37  And then on line three, same thing. Okay. Anything else?
   20:46  Good. Hearing none. Move to three.
   20:55  Add developer online too.
   21:10  I developer 23. Anything else? Number three. Read well.
   21:19  Yes. No word salads there, Kale. Good. Okay. Ed, we give a three.
   21:28  Yeah, I think so. All right. Number four. Add developer. First line.
   21:36  Okay. I think fails to resolve the complaint.
   21:39  Again, reasonable time. go back to um if they're given 10 days to investigate,
   21:47  how long are we going to give them to resolve? That's I was just thinking about that also because if it's something like
   21:56  something big like uh an environmental concern that 10 days may not be enough. Yeah, it could it could take a
   22:03  year or so or whatever just to investigate. But in to fix something in 10 days isn't going to work when
   22:12  it'll take them a week to find contractors to do whatever it is anyways.
   22:17  Well, the reasonable time is determined by the county. Is that the APC procedure, Todd?
   22:23  So at the point of fixing the problem, okay,
   22:30  is that what you get back in the 10 days is what do they plan to do and when do they plan to do it and have it finished?
   22:38  Maybe maybe that is an agreement that we make with people all the time. If they don't comply, then we go down
   22:47  and use a stick born a carrot at that point. So our stick here is we can go to
   22:53  the escrow and get it done oursel approved by the procedure you stated earlier
   23:01  right I mean anytime we spend money we got to go through that procedure I don't think we need to write that whole thing out that's just the normal way the
   23:10  county spends money so I guess back to number two then instead of saying resolve any complaint
   23:16  can we say and provide a provide a uh
   23:23  an action plan for resolution to investigate and provide plan of action. Right.
   23:32  Are you going to add that Kale?
   23:33  Take out resolve and and provide provide a a written plan of action outlining the resolution of the complaint.
   23:43  So if the operator fails to provide a written plan of action, corrective action plan, corrective action was what we used to call them.
   23:56  Anything else?
   23:58  Okay. So that takes care back to number two. So then we go back to number four.
   24:07  Oh, so you were adding that provide corrected plan on number two. Yes.
   24:12  Yes. where it says investigate and resolve. 10 business days to investigate and provide written action plan.
   24:21  All right, I missed that, but I'll look at it. You get that, Todd?
   24:29  They they jumped to number two on me in line. And then now we're back to four. Yes.
   24:34  Right. And what do you want to change the number four so I get right? Did you get number two?
   24:39  Yes. Okay, then we're good. Same thing if it fails to instead of resolve a complaint instead of like if the
   24:47  operator fails to provide a a written action plan within a reasonable time.
   24:55  You want it there also in number four. Yes. Okay.
   24:57  I think resolve should be left though fails to resolve come back for the plan but they don't
   25:06  get it done. Maybe maybe say provide written action plan and resolve. Yes.
   25:25  Okay. So, but again then we're going to that reasonable time.
   25:34  Should we just take out within a reasonable time? Put it leave it as as determined by the Grant County APC.
   25:46  By the action plan, resolve a complaint as determined by the action plan.
   25:56  Yes.
   25:57  Could just say something. Resolve a complaint within the time frame as determined by the ABC. Okay.
   26:07  So, which one?
   26:12  As determined or as I just say the time frame because then it leaves it up to whatever the APC wants.
   26:20  Yes.
   26:24  A reasonable time as determined by the county APC. Right.
   26:28  Okay. Anything else on four? Well, should be a period and then it say then start new sentence in line two with
   26:37  Grant County APC or B the Grant County APC may utilize the escro account established under this chapter to investigate evaluate and so forth.
   26:49  Got that Todd? Yes. Anything else on four?
   26:53  Um add developer in line four. Anything
   27:06  else on four? Moving on. 28 number five.
   27:14  Bring that again. We're sticking with the APC here. The ABC may establish a monitoring committee.
   27:23  You want that, Todd?
   27:26  Sorry, I won't let you catch up. I'm pushing tonight. All right. What?
   27:32  Grant County a number five.
   27:35  Okay. Grant County is should that be APC may establish a monitoring committee
   27:42  designate staff or utilize
   27:52  who's going to be responsible for establishing the committee? What do you think, Ed?
   28:02  Yeah. Well, um I would say it uh probably needs to be the office.
   28:14  Okay. They're here every day. The APC is not.
   28:26  So, future commissioner, how much of this information do you want to come to your office once the APC gets it?
   28:33  Um, I think I want to know when they're going to hire a consultant
   28:41  and uh if they've got a complaint that uh, you know, they have a problem
   28:48  resolving and they need to hire a consultant, I think that might need approval of the commissioners.
   28:56  So, this should say great county commissioners may establish a monitoring committee.
   29:03  I don't think they want to do that. They just want to keep be kept informed. Yeah.
   29:08  I mean, the council, we're going to spend some money here, right? Yeah.
   29:15  More than likely, we'll be spending some money in in this. So, the council will be addressed.
   29:20  You may need to come to the commissioners for money, right?
   29:23  On a contractual service situation if you're looking to hire somebody.
   29:32  because the the commissioner should have a fund for that.
   29:39  I say we put in the wording to take it from the escrow.
   29:43  Yeah. Depending on how much that's going to pay, I don't know. The the other thing is to
   29:50  keep it broad to the county is let's say the let's just say the APC
   29:59  office the office itself doesn't see an issue with something but the commissioners do
   30:07  or vice versa. If we put it all in the hands of one office let's say the health department sees a problem. Okay.
   30:18  And then they can bring something to that would be out of the APC's jurisdiction necessarily if it was a health department issue.
   30:27  So should we just put Grant County offices may establish you?
   30:31  I'm just throwing out an idea to make it more broad in this sense that any county office with an issue with them. I mean,
   30:40  even emergency services, let's say it's uh, you know, um, we're having communication errors for some reason
   30:48  because what they're doing as a gives us a technical glitch in our EMS services from a communication standpoint.
   30:57  Let me make a note to include other all any office. Mhm.
   31:03  And they still have to go through a process to spend money. Okay.
   31:06  Right. So there's some checks and balances in it. What do you think?
   31:12  It depends on if you have to go to the council for an additional appropriation. Then we're going to take out the escrow.
   31:18  Otherwise, you could spend money, right?
   31:22  And be reimbursed from the escrow account. Yeah.
   31:27  So could you reward this to say a monitoring committee design staff designation or the utilization of
   31:36  consultants or other review procedures may be established and blah blah blah and that leaves open to whoever wants to do it.
   31:46  That wording is good if you agree with the concept. I mean that's the concept.
   31:53  You've sold us on the concept. Okay.
   31:58  I'll make note of that. We're going to open this up to the public as we are done with complaints.
   32:07  Commission members, any comments before we open to the public.
   32:11  Okay. What we're going to ask you to please keep your comments relevant to letter U complaints right now. Now, if
   32:18  you have anything else other than that, there'll be a time at the end of the meeting that you'll be able to share whatever you'd like to share related to
   32:26  data centers. But please, now let's keep it relevant to complaints letter U.
   32:33  So, if you'd like to share with us, we'd love to hear you. Please come up to the podium, sign in, state your name.
   32:41  I'm a regular um Sherry 700 South. Um I just and if maybe I'm not understanding
   32:48  this right and you can explain it to me but talked about going to escrow going to escrow we don't get what we want we're dissatisfied there's no penalty in
   32:57  here you know if I was running a business and you were unhappy with me you know what I would say go to that escrow account I'm not writing an action
   33:04  plan take it out of that I think there needs to be some penalty assessed if the complaints aren't done if these rules aren't followed there has to be a
   33:13  percentage and we've already talked about these is people have very deep pockets. So whether than rather than mess with the complaint, they'll just
   33:20  let you do all the leg work and you just take it out of that escrow account. But I think it needs to be a little bit painful for them not to follow through.
   33:28  Well, it says in number four after after the attempt to resolve the issue subject to reimbursement by the owner and or operator as otherwise provided in this chapter.
   33:37  Yeah, but taking out the escrow account or just be there there needs to be a penalty for that.
   33:41  That is the penalty. taking it down the escro account.
   33:44  Yeah, that's what that's what that's for.
   33:47  Okay. I guess that's not how I interpret that. And if I'm um the business owner, I wouldn't take it that way. I think you already have my rent like a renter
   33:55  paying the rent. You know, I already paid my deposit. Just take it out with with no penalties or anything. I felt like that's still a penalty. You're still
   34:03  paying the money. You just paid it up front. It just you don't feel that pain at that time.
   34:09  You guys agree with that? talking about a fine. Mhm. Absolutely. A fine on top of the repayment.
   34:16  Yeah. They're going to pay for it either way, right? I'm just thinking there should be a there should be some some a fine. So, if they don't do it or they don't take
   34:24  the action plan and they don't follow the steps, you're going to take the escrow. They may not there has to it has to hurt a little bit more than that. I'm
   34:32  not sure that they care about the escrow that much, but if it was a significant fine, they would. I think that's the point of the escrow.
   34:38  If it's more than that, the county could take them to court, pay for additional damage.
   34:43  Fines may apply if they don't meet timelines.
   34:46  I think she's bringing up a very good point. Yeah.
   34:50  Because we may not even be able to resolve the complaint. If this is something inherent in their system that they're going to
   34:58  have to come up with a corrective action plan to fix, we can't fix it and take it out of the escrow account. We just can't
   35:06  come physically into their business and fix something like noise.
   35:14  So that's got to be their plan. But you know, so the escrow account in this situation
   35:22  gets well problematic if you even could use it. And how would you use it if you
   35:28  have no idea how to fix it? Um, so I think it's something that may involve
   35:35  fines to get them to move. Also, is there anything in the enforcement?
   35:40  Right. So, mayor, please.
   35:44  Yeah. In section Z for enforcement, as you go through that, uh, we reference
   35:52  back to section five3.99 of our zoning ordinance, which lists all
   36:01  the zoning penalties. This is number three. Yes.
   36:07  Um, we do in in the enforcement section, we
   36:13  do go back in reference to our fines. What in are those zoning fines though?
   36:22  Yes.
   36:22  Okay. So, what if the complaint's not a zoning issue?
   36:26  There's no fines. Those are fees and fines and
   36:32  those um are in the I'm in the process of reworking all that.
   36:38  Okay. So when we get there, but those are you're correct. Those are zoning issues.
   36:46  So I'm going to propose a possible number six to deal with fines and penalties associated with the inability to um comply with complaints.
   36:57  Correct. And so what right what we were putting in here all the things that we put in as far as if they're over
   37:06  you know the noise level that's a zoning issue. Correct.
   37:11  So that goes to right now we're at $2,500 a day but we'll get to that point very
   37:19  quickly. So, I'm proposing a number six under complaints to deal with fees and penalties associated with failure to comply. I mean, complaints.
   37:32  We may need a section on fees, fines. Just complete section.
   37:36  Yeah. To add to the I didn't see it anywhere, but I put it down as a something to talk about at the end. Okay.
   37:44  Letter.
   37:44  Yeah. I so it's just references back to our fees and fines that we already have established in the ordinance.
   37:52  Okay. So somewhere Sherry, we're going to deal with that. Okay. Anyone else?
   38:01  Hey, my name is Nicholas Hines. Um that's my first time here. I'm with I'm at 2629 South Crane Pond Drive. Um had a
   38:09  question. So I'm just trying want to make sure I understand the the cash flow here. So if we get to four and complaints
   38:16  that escrow account, who is establishing the escro account? The developer contractor or land owner.
   38:24  Is there a minimum amount that we set a million dollar last time? A million minimum. A million minimum.
   38:32  And is there is there something that has been established for if the if the cost to resolve that is in in excess of a
   38:41  million? They have to replenish the escrow.
   38:44  You got to keep it replenished million on hand at all times.
   38:47  Okay. Got it. So any So uh we have access to access that money to resolve the complaint and then immediately is
   38:56  there a is there a time frame in which they need to replenish that million dollar deposit essentially or Yeah, that's in here.
   39:03  That is in the ordinance. I believe we gave them over I believe.
   39:11  Yeah. Trying to find out where it's at in the count of 1 million 30 days. Okay.
   39:24  Where you at?
   39:25  I'm on page 23 number 11.
   39:30  Failure to maintain escro account as required balance within 30 days after written notice shall constitute a violation. Okay, cool.
   39:38  Thank you guys. Thank you. Thank you.
   39:42  Anyone else like to talk about complaints?
   39:45  So just be aware some of these notes that they're referencing are not in that draft document. That's the draft document we were working from.
   39:53  That makes sense. Okay.
   39:57  Del Carb County resident. Um, on number five, I have a question because it says
   40:04  regarding the data center or any associated facility. Why do we have to have associated facility? Cuz you already said the data center that would
   40:12  cover anything pertaining to that. I'm I wasn't understanding that part.
   40:16  If they decide to be off-rid and have their own power plant on site, that would be and something happens there, it's on their property, that would be
   40:24  considered an associated facility. or if they have um a water storage area or or
   40:32  you know a generator system back up a best.
   40:35  Okay. I just it wasn't registering enough there. Absolutely.
   40:39  And I I do agree with the young lady that was speaking before me that you said that the zoning part was 2500 a
   40:49  day. I I agree with her on that. I think it needs to be put in here say you know that much and maybe put a low and a high
   40:56  as far as where would it max out you know whether it would be to the end of that project or complaint that has to be
   41:05  fixed and then they would be required because you know that money that zoning part and
   41:12  if it's not determined like she said as a business owner they're just going to nickel and dime that cuz they got big
   41:19  pockets. So that was we'll consider either a number six or as Ed suggested, you know, a separate section al together with fees and fines
   41:27  that aren't necessarily associated with the zoning.
   41:30  I I think we could potentially put it in both a number six and a separate section of fees and fines. something similar to
   41:38  what we did with the escrow where it says failure to constitute shall be grounds for suspension, enforcement
   41:46  action or revocation of their special exemption permits. Okay.
   41:52  Anyone else on complaints? Hearing none, we will move to page 28.
   42:01  Transparency, ownership, and lawful use.
   42:19  Everybody okay with number one? Yes. Yes. Okay.
   42:30  I think I should say operator owner developer.
   42:39  I don't know about what is this actually looking for?
   42:42  Number two, right?
   42:45  Annually attest to compliance with applicable federal and state law.
   42:52  Any thoughts on that, Todd?
   42:55  Things are changing awfully quick as far as, you know, not just data
   43:01  centers, but AI and W the federal government's going to do or not going to do.
   43:10  So, this is written to be flexible with what the changes are that's going to come down the road.
   43:16  Anything that's way Yeah. Whether we want to agree with that concept and change things, that's fine.
   43:24  But there's a lot of change that's going to happen. That's one thing we can count on is change.
   43:30  Meaning that if it changes, they're going to adapt.
   43:32  They're going to adapt. We need to be adaptable to no grandfathered in on stuff, right? Okay.
   43:40  We add our ordinance to that. We that they're in compliance. Yes.
   43:47  And annually attest to which office? Yes.
   43:58  Annually attest to the airplane. Mhm. compliance to Grant County APC.
   44:05  Yes.
   44:08  With um with applicable I can't talk federal, state, and local.
   44:18  Uh should we put uh Indiana state law?
   44:23  I like federal, state, and local. That's stated. That way, if there's changes within this ordinance, they've got to comply with it, right?
   44:32  with federal Indiana state law and grant county
   44:39  local just to be okay.
   44:42  I know it sounds wordy and redundant but they could go well we're compliant in Utah.
   44:52  Okay. Anything else? Number two, the owner, the operator owner shall annually test compliance to Grant County APC with
   45:00  a public federal Indiana state and local law. We good with that? Yes.
   45:07  All right. Moving to number three owner.
   45:20  Yeah. Should we add developer into that one?
   45:31  I know we didn't add it for two. Or did we?
   45:37  No, I don't. We didn't even add owner, did we? We did add owner. We did add number two. Okay. Well, we didn't add developer.
   45:44  We did not add developer. Yeah, that'll be a standard thing to do.
   45:49  Huh. It'll be a pretty standard thing I do is I revise. Okay. To see. Okay.
   45:56  Well, the the thing about number two is that's annually, which means that developer is going to be out of there after it's developed. That's why we
   46:03  didn't add that person to number two, right?
   46:07  Yeah. So, we good with three if we add operator and owner? Yes.
   46:14  Okay. Number four.
   46:18  We've done everything else in our reporting as by annual versus annual
   46:25  on this one. Should we just leave it as that on four?
   46:31  Yes. On number four, should we leave it as annual for ownership updates? Because I know we put something else in there that anytime
   46:41  they change ownership before we wanted to know.
   46:46  So was one year good enough or you want twice a year?
   46:50  Oh, we wanted it anytime an ownership change occurs. Correct.
   46:55  That's preapproval of all changes in ownership of controlling interest of 10% or greater by the commissioner board.
   47:06  I know we put that in there somewhere.
   47:09  No, this the transparency report just includes that information. It like you said, it's it's already being is that otherwise all mandated in other places.
   47:20  So, this is just going to be their fancy PowerPoint looking kind of Yeah. I don't want to accept ownership updates
   47:27  well after the fact, especially if they're selling a portion to China. Correct. or some other.
   47:35  So you want to say referred to section or we just leave it like that.
   47:43  Yeah. The Ed I think what you were wanting is covered in number 11 of this section. Number 11. Okay. Yeah.
   47:55  Yeah. And and that is not any change.
   48:03  It's pre-approval, correct? So, we'll know. We got to approve. So, we know. We'll approve it.
   48:11  Okay.
   48:12  So, this is just their pretty their pretty one that they're going to give to us that we can have them make copies of for the public.
   48:21  Anything to add to that? Number four. No.
   48:29  Everybody good? Number four.
   48:31  You could add Um, including but not limited to. That way you could add other things at other times. Okay.
   48:38  I like that. E. No, no, no, no.
   48:43  Include four. Oh, yeah. Okay. Up there. Yeah. Shall include but not limit two.
   48:49  Yes. Get that, Todd. Yes. Anything else in number four?
   49:01  Okay. Number five, go back to 4B. 4B. What exactly is that talking about?
   49:09  Sector mix by percentage range.
   49:14  Percentage of build. I'm get buildings versus open land versus Do you know what that's going with?
   49:23  Uh, what's B actually? What does that mean? What does that how is that measured? What does that mean?
   49:29  The se sector mix. Yeah, I haven't seen that before.
   49:38  So, the what sectors is it? And that needs to be spelled out clear.
   49:47  Yeah. Is it serving?
   49:50  So if it's 100% military, okay, we probably wouldn't be too happy
   49:58  when especially if like um we approved through the special exception that it was not to have any
   50:07  military sectors involved.
   50:12  Okay. So basically you're looking at an an investment portfolio.
   50:19  Well, you're looking for it actually does. Correct. Mhm.
   50:23  Yeah. Who who are who are their customers? Right. Who does it serve? Right. Okay.
   50:28  So, you're going to work on service center. Yeah. Clearing that up.
   50:34  Yes. Cuz in my mind, I was literally thinking building client.
   50:45  Yeah. Okay. All right. Anything else on four?
   50:53  Number five, confidential ownership and compliance details may be submitted in a non-public
   51:01  appendix accessible only to county legal counsel to the extent permitted by law.
   51:10  Um, I like that. I'm not liking any of that.
   51:12  Nope. I said take it out. Well, what was the point of that of number five?
   51:19  So, it's not transparency.
   51:22  Well, there's certain confidential information that we can't have that goes out in the public in any company.
   51:32  Are you talking about this? Trade secrets. Trade secrets. Formulas. Yes. But that's different. Ownership.
   51:39  I say no.
   51:41  that that ownership and that we could have at least access to it from a county standpoint.
   51:51  I'm trying to get all the information I can any way I can.
   51:56  So things that we can't normally get to that we have an avenue to get there at least by the the county attorney would be able to access it.
   52:10  What if they want to make everything that? You're talking about only by law, right? Yeah.
   52:16  So, we got to be smart enough to know what we can ask for and what we can't, right?
   52:20  Yeah. This this kind of reads like we're carving out a uh a place for them to hide.
   52:26  Yeah. A place Okay. And that's that was opposite of what I was meaning. I was meaning any place
   52:33  that they could hide something, this is an avenue for us to be able to get in there and look at. I would say make them prove to us that they can't share it with us.
   52:42  Okay. So, you just want to cut that out.
   52:45  Yeah. I think take out number five. Take out number five all together. Okay.
   52:50  There should be nothing other than trade secrets confidential. Okay. Number six.
   53:08  December 6 is saying that if they decide not to make it a data center and make it something else, they have to report back within 30 days. Is that correct
   53:16  to you who ABC?
   53:20  Yeah, good point.
   53:24  Why use the word material meaning substantial? Yeah.
   53:31  Okay, that's going to cover in the event that they wanted to
   53:39  Meaning that if Amazon tells you they're going to do a box factory and next thing you know they got a building full of file servers, are they going to tell us?
   53:48  Yeah, that's what we want to know.
   53:51  Is that what this is telling us that they got?
   53:53  Well, and again, um things are going to change so much and so quickly, we don't know how it's going to change.
   54:05  So when they come in and rework servers. Okay. So we don't know.
   54:12  But your point is well taken.
   54:15  Is is this going to cover us that they're going to tell us?
   54:22  Well, and then also within 30 days of what? From the decision to change or when the change has been finalized implementing the change implementation of the change.
   54:33  30 days. 30 days prior to change prior to implementing the change.
   54:39  Well, I don't like that because if they decide, hey, we're going to start making weapons systems. We would like to know
   54:47  that before they're done with the project, maybe.
   54:50  Should there be an approval process for that, management? Well, we're going to ask you to come up.
   54:54  You guys will get me in trouble if you don't now. Wait a minute. Let's Let's get through it. I'm gonna I'm gonna stay with procedure so I don't get in trouble with my subcommittee.
   55:06  You get you'll get a chance. Please make notes. Okay.
   55:10  Primary use profile maybe primary use material changes in primary use profile
   55:19  shall shall be subject to approval from APC.
   55:28  Mhm.
   55:28  So and and notified within 30 days or notified somehow I say changes in use profile.
   55:38  Yeah. primary just the primary cuz they get to debate what's primary and what's not.
   55:44  All right. Take out the word primary changes in the use profile. Shelby, we're taking out material too.
   55:51  Yes.
   55:52  I don't know about material. You got to you got to classify it as something. If it's not material, what's what's a better word?
   56:00  It's not going to be immaterial cuz they're going to change it anyways, right?
   56:07  I mean it could be doesn't necessarily need to be material if they change like
   56:13  your example could just be the simple simply the code
   56:21  which would be proprietary we wouldn't have access to that. So
   56:29  this needs to say if they're going from server X story
   56:37  language model AI to server X story military whatever or
   56:46  weapon systems change type changes server changes or
   56:55  what do you things.
   57:06  That's a heavy one. Mhm.
   57:08  So, does this also come back into So, we want to cover softer issues too.
   57:17  Mhm.
   57:18  Just I think so. Okay.
   57:22  So, but doesn't material cover? It's pretty broad.
   57:28  I think it's intended to, right? Mhm.
   57:37  But we see the point we're trying to do.
   57:40  We We see what we're trying to do. So, we're going to start that subject to approval from the APC office through through that process
   57:49  before before it happens. How long before it happens 30 days or you want to do 60 days? They
   57:57  need to have their approval done before then.
   58:02  Well, their their internal process is going to take more than 30 days. So, APC will need time to review and discuss
   58:11  and put it off to the next meeting also. A big rework there. Okay.
   58:20  Okay. We're going to start that one. Okay. And we're going to work on that. Okay. Number seven.
   58:33  Maybe. Okay. I'm going to change.
   58:36  That one was pretty heavy. If you want to make comments on the discussion that we've just had, I will accept public comment at this time so that we can help.
   58:46  Sir, come on up. We got a long ways to go. Yeah. Yeah.
   58:52  This is a long one. I think we need to do that cuz this is pretty heavy.
   58:55  Public comments on one through six at this point. Do that.
   58:58  Yeah, we can do public comment on one through six at this point.
   59:04  See what we're going to run into. So, we get on through here.
   59:07  Yeah. So, what you were saying there on it needs to be, you know, it reads be reported in 30 days. Well, I don't I
   59:16  think there needs to be an approval process for that. So, like they can't just come in and say, "Hey, we changed this." There needs to be a
   59:23  management of change applied for. What are you going to change? What are you going to do instead?
   59:30  The county approves that. You know, goes through it, goes through the whole process of seeing who's going to do it, what you're going to change, who you're going to have to it, what is the entire
   59:38  process that's going to happen, and then we approve that. That's going to go to the APC. Correct. It is. Yes.
   59:44  Yeah. And then what we said ABC reports and gets approval.
   59:48  If you make a big change in something, you have to, you know, if we were, if you're selling a product as a company and it's a proprietary product and you
   59:55  make a change in your process, you have to disclose that change to your customers. That's how that should go in my opinion.
 1:00:02  Subject to review and approval. Okay. And your name?
 1:00:08  Zach Lesnar. Zack. Okay. Zack. Thank you. Anyone else? Come on up, please.
 1:00:25  Yes, please. My name is Stephanie TLi from Upland.
 1:00:31  Along these lines, is there any kind of established um guideline for what kind of business
 1:00:38  is or is not acceptable for a data center to bring? For instance, somebody mentioned, you know, if they went all military
 1:00:47  or some other thing, is there any kind of establishment for what kind of business is or is not allowed to come in with the data center?
 1:00:58  I'm going to go ahead and get go out on a limb and say anything involving the military is going to have their own standard.
 1:01:07  That was just an example.
 1:01:08  I'm just saying like we're probably not going to see any sort of weapon systems or military involvement because they're going to have their own
 1:01:17  highly secretive the our local governments aren't going to be able to touch AI infrastructure, crypto, central bank,
 1:01:24  military. Is there any kind of crypto will have its own ordinance?
 1:01:28  I'm not using each one of these as to discuss each one. It's just a is there a an overarching guideline for what can or cannot be brought in?
 1:01:39  Will that be part of the BCA approval for special exception? Is do we have that where they will be required to give
 1:01:47  us an overview of what it is that they're going to do as it comes before the board of zoning appeals for special exception. Everybody agree with that?
 1:01:55  Yes.
 1:01:56  Okay. So that ma'am that would be what they would do. They would have to share with us what their plan is in order to receive
 1:02:03  the special exception from the board of zoning appeals.
 1:02:06  How is that decision made? Is there a different board to sit in? Okay. Yeah. Okay. Thank you. Thank you.
 1:02:14  That's good though. Thank you. Anyone else?
 1:02:24  Sherry French Sherry French 700 South um on part on question for the compliance
 1:02:30  certification do we know who's going to certify that and do we have people that are equipped to certify that I mean will they bring their own people from a
 1:02:38  different state because we don't have the expertise to do all the things that need certifying I don't know who who is going to be the
 1:02:46  authority for the certification because we don't um we don't have the people that can do something.
 1:02:51  That's not the that's not the point of of section D there or subsection D because that's already
 1:02:59  they're just telling us like here's our proof of certification. Okay.
 1:03:04  So somebody at some point has already certified it and here's the credentials and here's the paperwork stating such. Thank you.
 1:03:11  Now do we agree that this will come before the board of zoning appeals also before this special exception is granted?
 1:03:19  these items in number four. Yes. Okay.
 1:03:23  So, that'll be part of the approval by the board of zoning appeals. Yes, we've covered that.
 1:03:29  Yeah. Okay.
 1:03:39  Um couple of questions. Um on the number four on the uh compliance, wouldn't you want to be of of current certifications?
 1:03:48  That way they you know it just could not be oh well here's some certifications from 1975.
 1:03:54  Yeah. And that way you would have current cuz I know with the certifications I got to have they got to be current.
 1:04:00  But that was a I think the word current should go in front of compliance. Yep. Current compliance certification. And then I made certifications plural.
 1:04:08  That way it covers multiple and it kind of puts it in a bundle. Um then on number six um
 1:04:18  a suggestion that I have is just saying u change of use
 1:04:26  of profile shall be approved within 30 days prior to ABC APC. I just took
 1:04:34  material out because your changes is automatically going to take any materials or you know if they're going
 1:04:42  to do any other buildings or anything like that. It's it's a change. It can it that would blanket the whole project even after it's built.
 1:04:53  Okay.
 1:04:55  And you're leaving primary or taking primary out? I'm taking primary out. Okay.
 1:04:59  Mhm. changes changes changes of the use pro um shall be approved because you're
 1:05:07  you're that that would blanket that whole thing any changes right that would blanket the whole thing cuz the material is already going to be
 1:05:14  there and if it's structural issues then they're going to have to go to the state to have that approved so you're going to know that upfront when he does his part
 1:05:23  after that okay thank you Dale I got anyone else before we move on The seven.
 1:05:32  See, this is a thick thick one.
 1:05:34  This is a thick one. Boy, I'm not going to get my seven pages in today, but we're going to try. All right, we're moving on to number seven.
 1:05:56  Seven. No. Okay. Put it on me.
 1:06:03  It's that international ownership, right? Yeah.
 1:06:08  Um complexity of ownership structures.
 1:06:18  I think if we're not going to allow them to have
 1:06:27  international ownership, then that needs taken out completely and just say the website of ownership
 1:06:35  structures and requires disclosure of of sufficient to establish accountability.
 1:06:41  Well, I have we denied international ownership at some point earlier.
 1:06:52  Do we have the legal authority to do so?
 1:06:54  I don't I don't think we do, but that's a question for an attorney. I don't I don't know that we have
 1:07:02  the legal right to dictate who owns
 1:07:09  the system. Yeah, we just we just would like to know who it is.
 1:07:14  And here again, this will come before the board of zoning appeals before approvals given. Correct. Correct. Yeah.
 1:07:22  And it could influence the board of zoning appeals if the board of zoning appeals does not want ownership by international.
 1:07:29  I do believe we can require that they maintain an office in Indiana
 1:07:37  because uh if you want to file something legal against them, that makes it a lot easier. Mhm.
 1:07:45  Okay. So, where would you add that in?
 1:07:47  I'd put that in there somewhere. I mean, right in that area. I wouldn't leave it out. I mean, okay. I'm just I'm just putting that idea out there. I am.
 1:07:55  Well, we're going to put it in there until somebody tells us we can. That should probably be a separate separate line item.
 1:08:03  Phys physical ownership or phys physical location shall be maintained in the state of Indiana. Some sort of physical or however you want to work.
 1:08:12  Well, we took out five. So, you want to put it in five.
 1:08:17  Well, I don't know exactly where that'll go, but but there is a lot of
 1:08:23  change in ownership, change in applicant, owner, operator information. That's in 11.
 1:08:33  Yeah. In the state or county? In the state?
 1:08:39  So that so an office must be maintained. Yeah. established and maintained in the state of Indiana.
 1:08:48  Got that, Todd?
 1:08:52  Should we also require them to register with the the invis site?
 1:09:02  The who site?
 1:09:03  Indiana business site through state government website as a as a business registered in
 1:09:12  Indiana. Not all businesses do that unfortunately even though they operate in the state.
 1:09:22  That way any member of the public can go in and look up on that website and see them as a registered business.
 1:09:33  Any thoughts? Commission members, subcommittee members, can we force them to do that? I think the the state actually enforces it but
 1:09:42  they don't or not enforce it. State requires it but they don't always enforce it.
 1:09:47  I think it's another question. See our counsel. Okay. Just for clarification. Yeah.
 1:09:53  They they be registered with the secretary of state. Yes. That's who maintains that website.
 1:10:02  Okay. So we're going to put question mark register with secretary of state. You got that one time.
 1:10:09  What was that? Sorry, I was reading something else.
 1:10:14  That they must not only maintain the office in Indiana, but they have to register with the secretary of state.
 1:10:19  Yes, I got that one. Okay. I want to make sure I didn't miss it.
 1:10:23  Okay. Anything else on seven or relative to seven?
 1:10:28  So the point of seven is to make sure that
 1:10:34  whoever may own it internationally that we have disclosure
 1:10:42  that is sufficient for accountability in the United States of America.
 1:10:47  We don't want a company, an international company that is doing business here and have
 1:10:55  ownership in something that would be outside of our reach international court.
 1:11:04  Right. So you think we've covered that with the discussion that we've had? Yes. Yes. Okay.
 1:11:10  We're moving on to eight. There's also one other thing we want to put in that we put in contracts is that
 1:11:19  if you have to sue somebody, sue the contractor
 1:11:25  that you're with, you sue them in your court in this state. So, we would want
 1:11:34  to sue them right here in Grant County.
 1:11:37  In Grant County court, okay? And Where's that going to go in?
 1:11:42  Well, put that in there someplace. I mean, okay. So, we're going to make a note, Todd. It's in this section somewhere.
 1:11:49  Is there some Just out of curiosity, is there is there some other way of suing somebody somewhere else?
 1:11:55  Yeah. A lot of a lot of people you have a contract with, if you supply a company in California and you have a contract
 1:12:02  with them, they'll want to put it in the contract that if there's a dispute, you have to come to their court in California.
 1:12:12  And then of course, as a company here in Indiana, you would never want to agree to that. If you can't get them to agree
 1:12:19  to come to Indiana, then you would say, "Okay, we'll meet in
 1:12:25  Delaware or some other place where you feel you've got a chance, a better
 1:12:32  chance than going to California in their court." So, any lawsuit shall be filed and handled in Grant County?
 1:12:40  Indiana. In Indiana. Yeah.
 1:12:43  Indiana. You want to provide that? You don't want to have to travel to a foreign country, okay, to sue somebody or any of that or even to another state.
 1:12:56  All right. Anything else? Okay, we are moving to number eight.
 1:13:07  Add operator the owner, oper or operator. Okay.
 1:13:20  Grant County APC executive director.
 1:13:30  Okay. Anything else? Number nine.
 1:13:37  Hang on. Sorry. I'm reading slow tonight. Okay.
 1:13:44  I made a note here that and it may not need to be in the ordin ordinance, Todd, or anything else, but that new owners
 1:13:53  must agree to the ordinance before exception of um of us accepting the change of ownership.
 1:14:05  I I don't know what that meant by that.
 1:14:07  They don't have to. They're already subject to the ordinance, right? They don't have they don't have to like it or care about it. I think that's a given.
 1:14:13  Yeah. When I read through this 6 weeks ago, that's what I was thinking in my head at the time.
 1:14:18  Okay. Anything else? Moving to number nine. I'm good. That's number nine.
 1:14:29  Add owner.
 1:14:34  Yes. Again, Great County APC executive director.
 1:14:45  Okay. Anything else?
 1:14:49  When that's the question. When did they inform them in writing?
 1:15:01  So many days prior to change.
 1:15:19  I don't know if we can prior.
 1:15:21  Huh? That might trip something that be notified of a buyer so many days beforehand.
 1:15:33  Biden selling companies, no one wants that information out necessarily until it happens.
 1:15:39  Yeah, that could be proprietary information, especially if they're a publicly traded company.
 1:15:44  But we want certainly want to know 10 days after after the sale. Yeah. Hey, can we require them to come back for board of zoning appeals approval?
 1:15:58  I don't check on that.
 1:16:03  Well, if they've already sold it, what's the what's the board going to do?
 1:16:07  I don't think we have the legal power to to make any decisions regarding that stopping them or approving it.
 1:16:15  If we put it in ordinance and they agree to it, that's a whole another section, right, that goes stick in there that
 1:16:23  you can't change ownership I unless it gets approved by the APC. So
 1:16:30  you're you can make the deal, but then and then you can make it public, but it still has to be approved by the APC, right? What they sell to somebody that's
 1:16:39  not necessarily going to perform the same function in which we approved.
 1:16:42  I think that's we can do that. I think that's setting the county up for a massive lawsuit.
 1:16:47  I think the federal government does that all the time.
 1:16:52  I think because you can't have only 50% I was just looking at those laws.
 1:16:58  50% ownership from in a foreign ownership from an adversarial company,
 1:17:05  adversarial country, which seems like a lot. And there are states that will not allow farm ground
 1:17:13  to be purchased by certain c right countries.
 1:17:18  If you make it approval by the BZA, they're the ones that could take away the special exception, right?
 1:17:26  The APC doesn't have the same authority there if you if you went to that level.
 1:17:33  That's pretty extreme.
 1:17:36  So, where you putting that ad number nine?
 1:17:43  Oh, you couldn't, but it's instead of APC approval.
 1:17:50  Yeah, I think that needs to be number eight cuz owner versus operator operator is not going to do much to the Yeah, owner is right.
 1:18:00  Yeah. Operator. Yeah. So, in number eight, leave off operator.
 1:18:08  the owner. The owner. Okay.
 1:18:20  So, and subject to BZA approval. Yeah. This section regarding new operator.
 1:18:30  So, what do we say? Within how many days of the purchase or the close of sale?
 1:18:37  prior to it. Yeah.
 1:18:45  10 days prior to the sale. Yeah. Are you on eight or nine? Eight.
 1:18:58  You're going to reward that a little bit. I was going to say cuz I have all types of But if you only did 10 days
 1:19:05  prior, does that give the BCA time to react cuz they only need month to I mean it's time to call a special meeting.
 1:19:15  Uh they can wait on us. They could we can make it longer. Just subject to BCA approval.
 1:19:24  Yeah.
 1:19:25  I I think if I think on that case you would not want to put a deadline on it.
 1:19:32  Well, yeah, it's a prior approval, correct?
 1:19:36  You know, so you don't want to put a deadline on us.
 1:19:40  Uh, it's a good question.
 1:19:44  So, how quickly do we have to call a meeting? Okay. Does that require public hearing?
 1:19:55  No.
 1:19:58  Well, it's going to be important BCA action.
 1:20:01  It is going to be a BCA action. So, yeah, it does.
 1:20:06  Yeah. So, we got some time for that. Mhm. Are we getting too thick in the weeds? 14 days, too.
 1:20:12  We're getting buried in the weeds.
 1:20:17  This is what's happening. But this is good. This is why we're here.
 1:20:21  Well, it's a substantial change to the special exception. Yeah. that could be defended.
 1:20:28  Yep. Okay.
 1:20:31  So, number eight is getting rewarded considerably. Yes.
 1:20:40  Okay. So, what number are we ready for? 10. 10.
 1:20:56  Line two, Grant County APC executive director.
 1:21:08  Are you all right? We're doing BZA, right? All right. as a condition of approval.
 1:21:18  This is already covered in what we just discussed on number eight. That's what I'm thinking. Yep, it is. Let's remove it.
 1:21:24  Remove 10. We're going to shoot it up to number eight. All right. Number 11.
 1:21:50  Are we adding development to that?
 1:21:57  Well, we've talked about a timeline thing. Um,
 1:22:04  how does number 11 even fit now that we've made all these changes?
 1:22:13  This is already Yeah, number 11's already covered by the above be out. Take it out. 11 is out.
 1:22:21  So, yes, cuz it gets combined into all that stuff with eight. I agree.
 1:22:26  How about 12 and then this is talking about what they need to include. So, I think this is relevant.
 1:22:33  Okay. So, we're on page 29 now. Correct.
 1:22:36  We're on page 29. Top of 29, number 12, everyone.
 1:22:58  So basically number 12 is does it include everything that we want them to tell us?
 1:23:10  I mean such shout such notice shall include but it's not limited to Yes.
 1:23:18  Okay. include and not limit to. Got that Todd?
 1:23:26  Yes.
 1:23:31  Okay. Anything else? Number 12. That kind of gives us some gray area to work in.
 1:23:39  Number 13.
 1:23:45  Here you go, Ed. We're going to get it to you.
 1:23:54  Todd, I know it sounds like a broken record, but county APC executive director
 1:24:06  All right, county commissioners. So, Ed, this is a good question for you.
 1:24:14  I mean, from 8 on to 13 here. The point is if they make a change like this
 1:24:24  that does this void what they wanted to do?
 1:24:30  Does this void the special exception and you're starting all over and we can say no?
 1:24:38  Who says no? BCA.
 1:24:41  That's what I'm thinking. And 13 kind of goes down the road of the executive director and the county commissioners and you want to hold it to the BCA.
 1:24:52  It's topic for discussion. How does the special exception get okay no more? Is it a simple BCA boat?
 1:25:03  Well, it wouldn't be simple, but it would be a BCA boat, wouldn't it?
 1:25:06  Okay. I mean, they've already invested millions of dollars at this point. Okay.
 1:25:11  Let's say they're in 5 years and they do something we don't like
 1:25:17  and we want to cancel it. They're going to come after us, right? And it'll be a judicial review and go down the road.
 1:25:28  Is that the strongest method we have? Is a is a B BZA revoking the special exception or is there
 1:25:36  something stronger? When the commissioners would be stronger, but
 1:25:43  I'm not sure what they would use as their reason for revoking it. Um
 1:25:55  the the easier thing would be the PCA can take away this special exception that they made to begin with to grant this uh development.
 1:26:07  Now do we want it to have oversight?
 1:26:10  Yeah. If it's, you know, if it's greatly changed, um they should probably apply for another special exception.
 1:26:21  So you're kind of starting over because it doesn't apply to the special exception they were given, right?
 1:26:29  So take out the commissioners and put the EA.
 1:26:35  Number 13 is just talking about giving notice,
 1:26:43  updated application materials, amended agreements, revised financial asurances.
 1:26:52  All it's doing is just the executive director notifying the county commission.
 1:27:08  It's to determine if it materially affects the project the basis of approval.
 1:27:19  Right? it was approved to do X and now you're doing Y or the county's ability to enforce this chapter.
 1:27:29  Mhm.
 1:27:30  So I think the the end require updated is where I think it gets beyond a notice.
 1:27:53  And this is where you get a new mayor will. And this is well these are this is two we're talking about two separate things. Yes, we want
 1:28:00  the executive director to notify the county commissioners. Period. Such and such may require updated application
 1:28:09  materials. That's those are separate things.
 1:28:11  Correct. So there needs to be a period in it. No, it needs to be separate things. Out of number.
 1:28:18  Yeah. Yeah, I guess. But they're talking about two different subject. Not subjects, but two different actions.
 1:28:34  They're talking about a proposed ownership change.
 1:28:51  Okay. So, transparency, ownership, and lawful use is the subject that we're on. Okay. Mhm.
 1:28:58  That's what we're dealing with.
 1:29:02  I like what it says, but I think it needs to be reworked slightly.
 1:29:06  Yeah. The from 8 to 13 maybe coming into 14 some that needs a lot of work.
 1:29:15  Yeah.
 1:29:16  But our point bottom line strategy here is if they do something we don't like as a county we
 1:29:24  can revoke the special exception and shut it down. Correct.
 1:29:30  Correct. So we're going to note that lot of work and we're going to 14.
 1:29:34  Yes. So there's a lot of wording in there that may end up being one or two points. Yes.
 1:29:42  Or expand into more than that.
 1:29:44  Cuz to Kale's point, it's two different ideas.
 1:29:46  But is the point and the concept agreeable? Yes. Yes.
 1:29:53  Yes. So good with 13 moving to 14. Correct.
 1:30:02  Correct.
 1:30:24  Who is overseeing that stuff in 14 fully? satisfied by who?
 1:30:38  That's that's already been laid out in the decommissioning section. We've we've covered that.
 1:30:48  And that was which department?
 1:31:00  Now we talked I think it was last last time.
 1:31:04  Correct. So just maybe a note to make reference to that section of actions
 1:31:11  have been fully satisfied in section whatever. Refer to the decommissioning section.
 1:31:19  Right. Okay. 15.
 1:31:37  talks about liability.
 1:31:49  We good with that? Yes.
 1:31:50  Yeah. I like it. 16 County APC office.
 1:32:09  I agree.
 1:32:17  Officer director, what do you want, Todd?
 1:32:24  come to you specifically or to the office in general.
 1:32:35  The office 116 first line there first
 1:32:43  sentence to the Grant County APC office. Mhm. Correct.
 1:32:49  Anything else on 16?
 1:33:02  I'm good with it. We go to 16. Just adding grant in front of county.
 1:33:10  County APC office. Yes. No. On line three. On three.
 1:33:14  Necessary for grant county administration. Okay. That's it. All right, 17.
 1:33:22  This has been a tough section here for us.
 1:33:51  So, we feel like our disclosure requirements are thoroughly stated. May be nice to be able to say it simply.
 1:34:00  An NDA won't get you out of answering the questions. Is that what we're saying?
 1:34:09  That's what I'm Yes.
 1:34:10  trying to say here. Okay. Do we get that?
 1:34:14  I like the idea of that, but how how could you how could you stand in
 1:34:22  front of a a judge, the count how could the county stand in front of the judge and say they don't have a right to an NDA? I'm not saying you don't have a
 1:34:29  right to an NDA, but the things that we're asking for here, you're not going to get out of an ND. Having an NDA is
 1:34:38  not going to get you out of what we're asking for a I get that, but I'm just from a legal. You can have an NDA.
 1:34:46  Yeah, but you better watch what you're asking for and what you include in the NDA because our county law says this is
 1:34:54  going to be public information. Would this cover all the stuff that we encountered during the solar debacle
 1:35:04  like contracts? Everything basically everything we were looking for at the county level as far as well that wasn't
 1:35:12  filed properly. Those those leases were supposed to be filed in the recorder's office separately and they were not.
 1:35:17  They were in a miscellaneous They're supposed to be in a miscellaneous folder.
 1:35:21  Yeah. Where they could easily be found and they were not. Yeah. Instead of hidden. Yeah. All throughout the system.
 1:35:28  Yeah. That that was a failure on the counties. But excuse that. But And this kind of comes a little later than that.
 1:35:37  Sorry.
 1:35:37  And this this kind of comes later than that. I say we leave it there. Yeah. Yeah.
 1:35:43  It's like I mean we're asking for this kind of information on an annual basis a lot of it, right?
 1:35:51  Or more often. And because you have an NDA doesn't mean you're going to get out of giving us the information.
 1:36:00  I just want to make sure that that like if what what we're trying to convey is a is legal to re to request.
 1:36:08  Somebody there's one way to find out.
 1:36:10  Yes. And yeah, that's the way it works. Okay, everybody go with 17. Just add gray front of county.
 1:36:19  Add county. Okay, we will open it up.
 1:36:22  This has been a long one, folks. I'm sorry, but I think it's very important area here that we're dealing with.
 1:36:29  Come on up, Michael.
 1:36:40  Michael Duke, Frank County resident, BCAA member. Um I'm going to step back and offer a thought that I think is
 1:36:48  overriding for applies to a lot of the discussion that you've had here in particular when you were talking about point number seven uh and talking about international ownership.
 1:36:59  caused me to think in terms of the reason for wanting transparency and visibility from the perspective of the
 1:37:06  over let's say the the the grand concept of why data centers are being constructed
 1:37:15  for and implemented to support the drive uh for attainment of artificial general
 1:37:22  or super intelligence kind of concepts and it's from a national security perspective I think we would want to as a community
 1:37:31  from our level of involvement in understanding whose fingers are in what, we want assurance that any data center
 1:37:39  that might be placed here is not counter to the
 1:37:47  national security objectives and needs of the United States. We're working with the assumption the federal government
 1:37:54  would not have that monitoring device in place. Well, I'm not one to assume a lot. Okay.
 1:38:01  But you're you're correct. But just the same, there are, you know, laws on the books here in Indiana. I assume there are some that may apply at the federal
 1:38:09  level that you know will talk to the issue of who owns and who has interest in any one of the data centers that are
 1:38:18  being implemented at any place in the United States. I'm thinking in terms of us keep in mind as you're wording for
 1:38:27  the disclosure of information and if it's on the front side of as Kale says you know NDA is bringing up that subject
 1:38:36  is we have an interest in this being all above board forward so that we're sure that anything that happens here in Grant County supports the national security of the United States.
 1:38:46  Thank you. Anyone else?
 1:38:50  Hearing none, I think we can get through W,
 1:39:01  maybe X in the amount of time we have left. We got our 25 minutes. So we will move to community integration on the top
 1:39:10  of page 30 is number one board APC. It would be BZA, wouldn't it?
 1:39:24  Yeah.
 1:39:24  BZA BZA is going to be busy.
 1:39:37  So in May I Yes, please. Um an IU is
 1:39:46  an inddeasible right of use. And so it's used a lot in telecommunications
 1:39:54  if you're familiar with it or not. Not that I've had to look it up. And in to who?
 1:40:01  non-defeable, right? Indefeasible.
 1:40:06  Indefeasable of use.
 1:40:09  And so it's better than a short-term lease or lease agreements. They're very long-term and strong agreements.
 1:40:18  Right of use. Okay.
 1:40:19  This whole section, I mean, the fancy word is, you know, integration, community integration is like what do we get out of it as a community?
 1:40:33  which is we want a piece of the pie whatever infrastructure want services or we want revenue.
 1:40:42  Well, I think if you just want dollars, you're being shortsighted.
 1:40:47  So, you want services, right?
 1:40:50  Okay. If they're putting in, you know, an 8 in fiber optic wire, they're not
 1:40:58  going to use all that. And if we could use it as a community to support a business, a new business or something.
 1:41:04  The same way with um their towers and space in the data center. If that data center space,
 1:41:11  either the da either the data storage or the computational um ability
 1:41:20  could bring a business or manufacturing to the county. I think that we would like to have that space available for us. Right now the space is at a premium.
 1:41:29  That's why they're building them all over the place. Who who would make that request?
 1:41:36  This comes in. This is where it's a may require from the board of zoning appeals. Okay. And their conditions of approval.
 1:41:44  Okay.
 1:41:46  Any questions about that? Subcommittee members, what thoughts? That's what that whole section's about.
 1:41:51  Trying to pull something out. And you know, one of the pieces is um heat reuse.
 1:41:59  There are some different sites in the country where they're doing feasibility studies instead of just trying to cool
 1:42:07  that down and blowing the heat off one way or the other into the atmosphere is how do we reuse that heat?
 1:42:15  Which brings up a question. Do we have a right to request economic growth development monies without a tradeoff of tax abatement?
 1:42:28  Because that's what we're asking for is some benefit here. Correct.
 1:42:34  The heart of the deal. Okay.
 1:42:39  And that's why it's a may and not a shall.
 1:42:43  Okay. So we could even expand that a little more than just asking for services that we could ask.
 1:42:50  Do we have the right to ask for revenue? Yeah.
 1:43:02  Ed, is there any mean like beyond property taxes? Like beyond property taxes.
 1:43:08  Do we do that with any other company in the county? I was going to say that's probably getting ourselves into some hot water.
 1:43:15  I don't know that we do that with any other Okay. All right. I'm just tossing it out. I'm not ruling it out either. I just I just don't know.
 1:43:22  Well, there's tax abatements being made all over the place for data centers by other states and counties. Correct.
 1:43:31  Yep.
 1:43:32  So, what you're saying is if we offer them a tax abatement, we should get a piece of the revenue pie. Well, that's
 1:43:40  the council would only give a tax abatement, I believe, unless it was just going to generate an unforgivable amount
 1:43:47  of revenue to the county and Solar's deal was they were going to give you economic growth money so you give it to
 1:43:54  the schools, you could improve your roads. I mean, that was their selling pitch was to give you additional
 1:44:01  financial benefits. Now, may or may not be an exchange for a tax abatement.
 1:44:06  Generally, it is an exchange for a tax abatement. Okay. I don't want to hold up with that.
 1:44:14  We'll keep going.
 1:44:15  You're going to do the whole economic development. Yeah. Okay. We're going to move on. All right. Number two.
 1:44:28  Well, conditions do run with the land. Meaning what? Yeah. I don't know what that means.
 1:44:34  That's a It's a statement. That's kind of a statement there. Uh what does that mean though?
 1:44:40  And and this is different than what a condition that BZA approves is for the business.
 1:44:50  No. What's what is the land?
 1:44:54  Todd Todd, what does the statement overall say? It stays there.
 1:45:00  Ed on it which is a BZA special exception
 1:45:06  runs with that business and not with the property with the property. This is and what this is saying is it runs with the property. So it's a change.
 1:45:16  So and if you want to keep it or not meaning if they wanted to relocate they
 1:45:24  could take that special exception with them.
 1:45:28  No, it stays with that piece of property. It stays with that piece of property. It's attached to it.
 1:45:32  Okay. Right. It is attached to that piece of property.
 1:45:35  Let's make that a little more clear then for the for the general layman.
 1:45:39  Yeah. When when the BCA imposes conditions of approval, it is for that piece of property for that business.
 1:45:51  If that business ceases to exist, that condition is gone.
 1:45:56  If that business moves someplace else, that condition is lost.
 1:46:00  Well, well, you said and we want to keep up with I mean, we could just remove it and it stays as the normal.
 1:46:09  I think remove it. I think that has to be removed. Take number two out. Yes.
 1:46:17  Because that's understood, correct?
 1:46:19  Yes. Cuz if they leave, they have to restore the land back to original state.
 1:46:23  So that's under decommissioning.
 1:46:25  Okay. Number three, right? The BZA may consider.
 1:46:41  Yeah. Okay. Everybody go to three.
 1:46:48  What what what what's the point? What are they what are you trying to convey with this point?
 1:46:54  So with this one, I've changed it to the shall
 1:47:01  and it made me think that we should develop another part of this ordinance
 1:47:07  as specific findings of fact for data center. And this would be one
 1:47:14  of them is that the board shall consider whether the scale and operation of the proposed facility provide a long-term
 1:47:23  benefit and proportionate to the land use impact and infrastructure demand and the public burden. That's a good
 1:47:31  question for the BCA to consider before is one of would be one of the findings of fact.
 1:47:39  So you're maybe that's where it should belong. is in a finding facts section which is not in here yet. It's one of
 1:47:47  those things that's come upon me over this time.
 1:47:50  Give everybody an overview of finding a fact, Todd. So anytime u a special exception or a variance or other items
 1:48:00  within the APC but within the BCA the application comes in and before and
 1:48:07  then it's discussed information is provided and each member of the BCA uh fills out
 1:48:15  a findings a fact sheet which you know can be specific for that uh particular
 1:48:23  item like a a data center. Um but mostly it's different things like does it fit
 1:48:31  within our ordinance? Does it abide by our ordinance? Does it um align with our
 1:48:40  comprehensive plan? And then does it affect the health and general welfare
 1:48:47  and enjoyment of the adjacent property owners?
 1:48:51  And if any of those are not met, it's denied.
 1:48:54  Yes. If you do not meet one of those items, then the special exception or the variance is denied.
 1:49:01  Anything to add to that, Ed?
 1:49:04  And that's all after the public hearing, right? It's a public hearing. All those facts are aired. Okay.
 1:49:14  So, we're going to take out number three into its own section of findings and facts. That would be one of the findings of fact.
 1:49:22  Okay.
 1:49:24  Are we are you leaving that as may I'm thinking shall that shall be we'll put it in the findings of fact and make find
 1:49:32  the only thing I'm thinking the long-term effects that you're opening up a can of worms of a body saying hey
 1:49:42  Chick-fil-A wants to come in. We don't like how Chick-fil-A is not open on Sundays. So we're not going to give you an exception. something stupid like
 1:49:50  that, right? Where they otherwise fit in literally anywhere. It's just giving the
 1:49:57  board the BZA or whatever the power to deny them just because of whatever reason
 1:50:05  opinion. I think that opens up a can of worms that happens all the time.
 1:50:09  I know. I really I don't I think that is those findings of factor state statute, correct? Most findings of fact are state
 1:50:17  stat. I mean, you have to have findings of fact, right? But then within the county, we can have extended findings of fact.
 1:50:25  Um cuz the ones in the state statute are like there's five.
 1:50:30  So, and we can extend them and we can make them specific for whatever the application's for. We can't have less. We could have more.
 1:50:39  So, that should be a May then, not a shout.
 1:50:41  Is it is Okay, I'm going to stop talking. No, please continue.
 1:50:48  It's Does that only is that only going to apply for data centers or is that something we across the board for for
 1:50:56  things outside this ordinance for non data centers? Just data centers. That's fine.
 1:51:03  So, I'm thinking we'll develop a set of findings of fact just for data centers. Okay.
 1:51:12  Any other comments on W? cuz we're going to do X before we leave. No, we got one.
 1:51:20  Yes. Please come up.
 1:51:31  Good evening. My name is Amy. I'm new to Indiana. I'm from Texas.
 1:51:39  Um, we have had data centers in Texas and we have had community issues with
 1:51:50  data centers. Um, with the fact that they have raised taxes on these citizens
 1:51:58  because they have to reap money somewhere in order to supply it. And also where is the money going to
 1:52:07  where is the water going to come from in order to cool down all these data centers. And once you start putting data
 1:52:17  centers in how much more do they want to expand and we have had neighbors and not my
 1:52:27  neighbors but friends who their community have not had clean water.
 1:52:33  it's draining out their will.
 1:52:38  All those things have been taken into account. I would encourage you to go back and watch the five meetings prior to this one as we've talked about all
 1:52:46  those issues that you're bringing before us.
 1:52:48  Okay. I appreciate you directing me to that. I am new to Indiana, so I will go back and review all those.
 1:52:57  Welcome to the Who's Your State. Yes. County. Glad to have you. Thank you.
 1:53:04  Any other community input on W community integration
 1:53:16  Sherry French 700 South um we're talking about getting some reing some money from this. The
 1:53:23  state just passed a new law. I don't know if you know about it, but it's House Act uh 1210 and effective July
 1:53:30  1st, 2026 that you can charge a 1% uh tax on all electricity used by the data
 1:53:38  center. So that can go back to your community. You can look that up and see how you can put that in your contract.
 1:53:45  Okay. Thank 1210 was that? It was um Yeah, it's House Enu Act 1210.
 1:53:51  It just passed July 1st, 2026. Thank you. Any any other community members?
 1:53:58  Yeah, Dale.
 1:54:04  On uh on number one um where he said it was the uh IRU, it wasn't in the definitions and I
 1:54:12  really to be honest, I didn't have a clue. I had like five or six thing it can I like to see that added to definitions just so that it reflects back to that acronym.
 1:54:22  Sure. Thank you. I agree. very good.
 1:54:25  And then uh with with the data center um I just can't see having tax abatements
 1:54:32  for it because you know what benefit is it really going to have because you've already got you've already got the data center with
 1:54:41  the Bitcoin. What is it giving back if if you're going to give them a a tax abatement, right?
 1:54:49  have any employees. You know, you might have one employee which, you know, you're going through a whole lot of
 1:54:56  headache what you're doing here and you know, like she said, they had a lot of they had a lot of problems, but I'd still say they should pay their tax.
 1:55:06  Thank you. Cuz mine will go up.
 1:55:10  Anyone else? Okay, we're going to power through X on the middle of page 30. Looks like we just have one.
 1:55:18  Decommissioning, recycling, and site restoration. I think it actually goes through.
 1:55:25  One is under X and then we're looking at multiple pages. Yeah. Well, we are. Yeah.
 1:55:31  That doesn't mean we can't do half of it.
 1:55:33  Well, you know what? Let's at least What do we got?
 1:55:36  We have 9 minutes. Let's at least page finish page 30 so we can start on 31 in our next meeting. Sounds great.
 1:55:44  So, let's work through Thank you for making that.
 1:55:48  Yeah, there's some misnumbering in it as far as X goes. You got one, then you got another one. This is a little confusing there. Okay,
 1:55:57  that'll get fixed in the final version. So, we're looking at X1.
 1:56:15  We need some periods. Periods in there. Yes.
 1:56:19  I think it's all one sentence. Mhm.
 1:56:23  Uh, add grant in front of county on line three.
 1:56:38  Didn't we say in an earlier section that their method of payment even for decommissioning had to be the bond that
 1:56:48  we were not going to accept credit so lines of credit?
 1:56:56  Yeah, we did say. Yeah. And where was that? Okay.
 1:57:01  So, so that method of payment's only one. So, does it need to?
 1:57:16  So, we're going to declare the method of payment as what? The bond. Bond. Yeah.
 1:57:23  Okay. So, we're going to add bond under method of payment. Anything else?
 1:57:36  Everybody good?
 1:57:43  Who who declares that the the facility is a public nuisance? Last few words.
 1:57:51  It's a good point. that's defined in our overall ordinance.
 1:57:59  Public nuisance. Okay. As defined.
 1:58:02  So, there's a lot of different ways in which it could be a public nuisance. Okay.
 1:58:07  Um should um or revocation of special exemption be
 1:58:14  added cuz like I get through all this stuff of
 1:58:22  transparency or things we've discussed before and we revoke their special exception
 1:58:29  but they're 5 years in cuz it just says end of project life
 1:58:38  abandonment facilities declared a public nuisance. Is that covered under facilities declared public nuisance?
 1:58:58  I guess I'm not following. I don't know.
 1:59:00  You're saying remove their ex special exception if any of this occurs.
 1:59:06  No, what I'm saying is is that if for whatever reason the board of zoning removes their exemption at any point, does that need to be added into this?
 1:59:18  So, so are they responsible for decommissioning and everything else in the event that they revote their correct?
 1:59:27  Good point.
 1:59:33  cuz if we're revoking it, I still think they should decommission it on their own time.
 1:59:43  And number eight talks to that a little bit as well on the next page.
 1:59:51  Yeah, there's under removal, recycling, and site restoration. Yeah. Okay.
 1:59:58  Okay, move on to number one in parenthesis. Discontinuation and abandonment.
 2:00:06  We're going to get to the bottom of page 30.
 2:00:18  If if the owners decide to pull the plug and hight tail it out of town,
 2:00:27  they're not going to give 60 days and who cares, right?
 2:00:36  It's kind of a moot point at that at that time.
 2:00:40  Yeah. Then you're chasing a ghost or a dead LLC or whatever. I don't I don't know that that's terribly necessary.
 2:00:49  Well, at that point, you've got the bond to do the decommissioning. Yeah. Mhm.
 2:00:54  I don't I don't think it's terribly necessary. Number two, take two out. Two out.
 2:01:02  But do you still want to know? I think we'll know. I think we'll figure it out pretty soon.
 2:01:07  Well, I mean, if they'll abide by it, tell you this. It's not hurting anything. Correct.
 2:01:11  It's not hurting anything. ask him, you know, to do that. So, we want Yeah. Is 60 days good then?
 2:01:20  It's better than nothing. Yeah.
 2:01:23  You know, okay. All right. So, we're leaving two. Yes. Number three.
 2:01:32  Just add grant in front of commissioners and to the Grant County area plan office.
 2:01:51  Okay, I like number three. Number four.
 2:02:12  We want BZA approval on a rehabilitation plan.
 2:02:19  What's the appropriate?
 2:02:22  Yeah, I would think so. If it's been inactive for a year, bringing back for a special exception. Yeah. Okay.
 2:02:31  Can we legally shorten that? Do you see?
 2:02:39  I don't think we want to deal with unless we know for a fact they're gone. Or they're gone. Gone.
 2:02:45  Yeah, we'll know.
 2:02:51  I was going to say that falls into adverse possession legalities at that point.
 2:03:02  Disregard. Okay.
 2:03:05  So, we're leaving everything as is with the exception of adding BZA to something. Is that correct? That's what I heard.
 2:03:17  Grant County BC, right? Third line. Yes. Number five.
 2:03:35  I'm fine with it.
 2:03:50  So Todd, why is it important that we not declare a public nuisance if it's abandoned? No point in mudding the water.
 2:03:59  But I didn't on number five. Yeah.
 2:04:03  It says may be declared abandoned. May be declared Okay. Maybe. Okay. I missed it. Okay.
 2:04:11  All right. I'm with you.
 2:04:12  Should that may be a shall we shall be considered abandoned and shall be declared a public nuisance? No.
 2:04:19  Or may I think Leave it. Okay.
 2:04:24  Anything else? I mean hopefully why it doesn't become a news public news they can abandon it and
 2:04:32  things be kept in good stuff still pay for the long service
 2:04:39  okay okay okay any other comments commission members
 2:04:47  on page 30 we'll open it up to the public any comments this bottom of page 30.
 2:04:59  So, we're going to start in the top of 31.
 2:05:04  Good evening again, Michael Duke. Um, point number two, uh, immediately after discontinuation and abandonment. Um, I'm
 2:05:13  not recalling whether it's federal or if it's state labor relation law, but if an entity is going to close down an
 2:05:22  operation, as an example, the two that were just announced here uh up in uh Bristol, Indiana and northern Indiana
 2:05:31  shutting our beat manufacturers shutting down their operations, you're you're required, the business is required to
 2:05:38  give notification of that closure within I don't remember if it's a 30 or 60 day
 2:05:45  window, but there is a a state or a federal statute that would uh compel an organization such as a data center to
 2:05:53  announce their closing to the community just for what that is worth. Okay. Thank you, Michael.
 2:06:02  Anyone else?
 2:06:12  Hello again, Zach Lesnar. Um, I just wanted to build on what he was saying about tax abatements. There should be no tax abatements given to these big tech companies.
 2:06:22  I I shouldn't have brought that up. That would go to the uh the county council for tax abatements. They would be the one that would would That's okay.
 2:06:30  Yeah, I'm sorry. I opened that can of worms.
 2:06:33  Yeah, sure. They kind of have a history of not approving a tax abatement unless there's significant employees involved, right?
 2:06:43  You know, like the Bitcoin operation, which is kind of similar in a way, they turned that one down a few years ago when they applied.
 2:06:52  All right. That makes more sense. But yeah, I wanted to build on that. So, thank you. Absolutely. Thank you.
 2:07:00  Anyone else?
 2:07:04  Okay, we will open it up to any public comment on any issue related to data centers that anybody would like to share.
 2:07:17  Hi Bill. Hi. How you doing?
 2:07:32  I do have one thing to say about the data centers and just locally, state, and across the whole United States.
 2:07:43  Um, the efforts of groups like we have right here are making a difference. And
 2:07:50  a lot of the local and state elections of the people that have supported the data centers and
 2:07:59  kind of shunned away from the people that are asking the questions and trying to put in the orders are losing elections.
 2:08:09  The lady that was here earlier talked about Texas.
 2:08:13  There was a tremendous amount of changes in the Texas House of Representatives
 2:08:21  and in their own Senate and a lot of it was related to data centers. So the work
 2:08:29  you're doing and the laying out is making a difference and we've seen the effect
 2:08:35  how local elections whether it was solar wind and now data centers has come into
 2:08:42  play. So I just want to uh commend you and keep the efforts going. why it seems
 2:08:49  kind of monotonous sometimes and splitting hairs on words. It does make a difference and I just wish we could get
 2:08:59  more exposure out there to get more people involved to really know what's
 2:09:06  going on and uh the grassroots effort that you guys are doing is great, but
 2:09:12  across the whole United States it's making a difference. Thank you, Bill.
 2:09:18  Thank you. Well, I want to personally express my appreciation for you folks.
 2:09:22  The input that you're giving us is helping us tremendously as we want to work hard at representing uh the best interest of the people of Grant County.
 2:09:31  So, anyone else?
 2:09:40  Um, number five on the bottom of page 30, uh, you have shall be considered abandoned.
 2:09:48  And why couldn't you put shall be um, uh, what was the term I was going to
 2:09:55  use? A public ner shall be considered a public nuisance. Then that way it goes with because then it's not invigative
 2:10:04  and it opens up either direction. It could it could be denied, it could be approved, or it could be something else.
 2:10:11  May the shall Yeah, may gives us the ability to Well, but you go shall be declared. So,
 2:10:18  see that point is still giving you that leeway both ways. Or if you say may, it may happen, it may not. This means it'll
 2:10:25  be a shall means it would be addressed since you put shall considered abandoned. You've already considered at
 2:10:32  that point. So now you're coming back and kind of not uh
 2:10:40  you're not saying the same thing because one is you're saying there's going to be some type of action taken and what using
 2:10:48  may as the other part of that and shall as before you're stating that it may it may never happen.
 2:10:53  Well just because something's abandoned does not mean it's a public I said shall considered. May May does that.
 2:11:00  Yeah. Shall consider it's okay.
 2:11:03  Shall consider and then it shall be considered because public nuisances.
 2:11:10  I mean I'm just saying I'm just you know I look at some of my cuz they may maintain the facility.
 2:11:15  I think that's what Todd being a nuisance.
 2:11:17  Yeah. it was is if we declare it a public nuisance does that mean they say okay our hands are clean and they walk away and now becomes the burden of the
 2:11:25  county where if we weren't to declare it a public noose and they may still have some feeling of ownership and
 2:11:33  responsibility to it is that what you were trying to say I mean you're hoping that they still continue to keep it up some whoever owns
 2:11:40  it maybe it's a bank or an investment firm but yeah if they leave they're not going to worry about that I certainly see a lot of that.
 2:11:48  Would a public nuisance impact its ability to be sold, reused, or reconditioned? I get that request
 2:11:57  quite often for different properties is if we have any code violations on a particular property before somebody buys it.
 2:12:07  Yes, it's a consideration.
 2:12:10  Okay. where I was thinking it on that one there is went out by the interstate when you had the old hotel that set for years and years, you know, went through
 2:12:17  that whole process and then it just sat there sat there for, you know, years and years and years. So at that point, you know,
 2:12:26  they really didn't have anything that would say it's, you know, we have that option, we're going for it. And that's
 2:12:33  why just my determination on that and that's why I was reverting that back to was based on that old hotel. Uh let's see what's there now.
 2:12:46  It's on the other side.
 2:12:48  So if it's declared a public nuisance, do we have any more power in requiring them to keep it beyond that status of public nuisance?
 2:12:58  At a certain point, we we either take care of it or then it will go up to tax sale. It'll be sold. Okay.
 2:13:08  Again, a process that takes longer time than what we want to look at. A hotel that never got finished, right? That was his problem.
 2:13:18  Yeah. Okay. Anyone else?
 2:13:25  Thank you all for coming. We're within 9 minutes of our goal. Look forward to seeing you. Do we want to set another meeting, Todd, or do we want to announce it?
 2:13:34  Uh I do. We want to try to do next Wednesday. I think we can do next Wednesday and then we're going to have some Wednesdays where the county council is doing budgets.
 2:13:44  Let's do it next Wednesday.
 2:13:46  If I can get the room next Wednesday, Monday is that I was hoping we'd get that. No worries.
 2:13:54  We got in some heavy stuff. Next Wednesday 5th.
 2:13:58  Okay. August 5th, 6:00 will be our next meeting. Thank you all for coming. If we can get the room.
 2:14:04  If we can get the room and we will advertise it on our normal social media and websites. Appreciate you all coming.
 2:14:13  Thank you.
 2:14:14  Meetings adjourned. All those in favor say I. I. I. Out of here. Thank you.
 2:14:22  Try to push. Thanks. Still recording.
 2:14:30  Yes. Turn us off, Todd. See you guys.
 2:14:38  See you. Bye, Nolan. Thank you.