On the agenda: Miami County meeting — Data Center (May 4)

Miami County Commissioners Meeting
May 4, 2026

Meeting Information

e Date & Time: 05-04-26 09:00 am
e Location: 25 N Broadway Peru IN
e =Attendees:

e Commissioner Keith Musselman

e Commissioner Brenda Weaver

« Commissioner Mark Horner

« Auditor Annette Phillippo

e County Attorney Mark Frantz

Meeting Notes

Meeting called to order at 9:00 AM with prayer and Pledge of Allegiance by
Commissioner Musselman.

VPN Access Request for Emergency Preparedness Coordinator

e Request for VPN access for Alexys Loudermilk Emergency
Preparedness Coordinator, Environmental Health; routine and
necessary as she was the only one without access.

® Commissioner Weaver made a motion to approve the VPN request.
Seconded by Commissioner Horner. Motion passed 3-0.

Corey Roser ~ Planning & Zoning, Temporary Moratorium on Data Center
Development

e Planning staff presented an ordinance imposing a temporary
moratorium to pause new data centers until a comprehensive
ordinance is adopted; current zoning barely addresses data centers.
They held a public hearing on April 8 and forwarded a favorable
recommendation.

e Anordinance to regulate data centers is anticipated to be drafted at the
May 13th Planning Commission meeting.

« Commissioner Horner moved to accept the moratorium, Commissioner
Weaver seconded. Before it could be voted upon, Corey noted that
they had a request for exceptions for smaller data centers.

« Attorney Anthony Spahr requested an exception for small, modular
data centers (typically 4-6 MW modules); the company he represents,

Digital Egg LLC, has an existing site at Grissom ARB and they are
pursuing a second site in an industrial zone. Their prior agricultural site
variance withdrawn after citizen resistance.

2 Proposed exception criteria: structures $75,000 sq ft; total capacity <50
MW; air or closed-loop liquid cooling (no groundwater/surface water
use); no running water onsite; minimal facilities; sites limited to
commercial/industrial zoning.

e County counsel Frantz advised the Commissioners on approval,
rejection, or amendment procedures; amendments may not require a
new hearing but should be carefully drafted; suggested tabling if
considering amendments; noted statutory timeline before automatic
effect.

« Commissioners expressed discomfort adopting an exception without
prior notice; request taken under advisement. County counsel
reiterated that adding exceptions later would require going back
through the Planning Commission if amending an adopted ordinance.

e Commissioner Horner moved to accept the temporary moratorium as
presented, Commissioner Musselman seconded. The temporary
moratorium passed as presented by a 2-1 vote. Commissioners
Musselman & Horner-aye, Commissioner Weaver-no.

Commissioner Weaver was concerned that based on what the county
counse! advised about amendments and taking it back to the Plan
Commission or no new hearings, it may cause delays or cause the
future ordinance to cover inadequately.

Chad Watson & Janice Hughes — Highway Dept - ADA Consultant
Recommendation and Contract Scope

« Evaluated ADA Consulting of indiana and Intac Management (Tim
Clark).

* Janice Hughes recommends Tim Clark for a two-year contract not to
exceed $28,000; alternative proposal at $42,600 deemed more than
needed.

© Scope includes comprehensive ADA tasks; existing “living document”
reduces costs; decision deferred to next board meeting.

Succession and Retirement Timeline for Janice’s Position

e Plan to advertise the job next week; target hire by June 1; Janice to exit
by end of June.
Annual Highway Financial and Activity Report

e Reviewed receipts, disbursements, and fund balances with specific
figures.

e Road mileage: asphalt 162; chip seal increased from 522 to 537; gravel
decreased from 102 to 87; total 786 miles; no debt reported.

» Commissioner Homer made a motion to approve with $0.09 correction;
Commissioner Weaver seconded. Passed 3-0.

* Filing to Purdue LTAP and State Board of Accounts; copies retained by
Auditor and office.
Payment for County Dump Truck Design and Materials out of docket

« Chad Watson asked that the Commissioners approve the payment of
$3,600 for design/materials out of docket.
* Commissioner Horner made a motion to pay out of docket.
Commissioner Weaver seconded. Motion passed 3-0.
Tree Removal Complaints, Right-of-Way Responsibilities, and Cost
Implications

e Increased tree complaints in Miami, Mexico, and Waupecong; two
lawsuit threats cited: 1. Damage to the house and 2. child safety.

e Removal costs 2,000-6,000, with 6 trees up to 36,000.

e Legal guidance: County must address hazards within right-of-way,
shared ownership implies shared responsibility; county acts as property
owner within right-of-way.

¢ Operational limits due to proximity to homes and power lines; beyond
in-house capability; stronger town ordinances may be needed.

e Many trees were planted within right-of-way; continued issues with new
plantings; wheel tax can be used for tree removal.

e Public Q&A reaffirmed highway/street departments assess hazards in
right-of-way, with liability for known hazards; act-of-God applies to
healthy trees.

Dust Control Pilot and Operations Update

e Dust control to start this week, weather permitting.
¢ Pilot program with Central out of Logansport for calcium application on
1300 North between SR 19 and 700 East; $0.02/gal more but includes
application, potentially cheaper overall.
Specific Project Updates and Staffing

2 The trees are being removed at Kevin Clark’s property to improve a
dangerous intersection.

* Tile projects underway at 950 E & 1400 S, McGrawsville, and in the
town of Miami.

e Newhires Dan Lesley, Brayden Myers, and Drew Hunt will start
Wednesday.

e Summer hours begin Wednesday as well, 6:00 a.m—2:30 p.m.;
projects progressing despite weather.

Comp Time Conversion and Vacation Carryover Request

e Chad Watson asked the Commissioners to extend his vacation hours
to the end of the. year. When he took on the position of Supervisor at
the Highway Dept, a move from Non-Exempt to Exempt status, he had
to use his comp time since it would not transfer over into his new role.
He has asked the Commissioners to grant him an extension that
instead of being made to use his vacation hours by end of July, he

could use them before the end of the year. The requested extension is
due to his farming obligations.

° The exempt status allows the employee to flex time if they work the
required hours in the pay period. Comp is not accrued for any person
with exempt status. All comp time must be used prior change in status
from non — exempt to exempt. Mr. Watson may set up a time with the
Auditor to help understand how to manage his time as an exempt
employee.

CCMG 2027 Funding Call and Bridge 46 Plan

* CCMG 2027 call moved to September 30.
¢ Plan to apply for Bridge 46 - Eel River into Denver - deck overlay; last
estimate $1,350,000 (likely higher); goal to secure $1,000,000; wheel
tax may fund other structures.
Baker Tilly Contract Approval

¢ Contract includes analyses of financial stability, property tax parcels,
LIT, and neo tax landscape; total not to exceed $33,300.

* Commissioner Horner made a motion to accept, Commissioner
Weaver seconded. Motion passed 3-0.

« Payroll approval
Motion to approve Payroll by Commissioner Weaver. Motion seconded
by Commissioner Horner. Approved 3-0

« Claims approval
Motion to approve claims by Commissioner Weaver. Motion seconded
by Commissioner Horner. Approved 3-0

« Minutes approval
Commissioner Musselman asked that the minutes be amended to
reflect that the 2 commissioners who rescinded their vote for the Solid
Waste vote did not do so under pressure of the Treasurer, but because
the Treasurer did not have time to read the document. Commissioner
Horner made a motion to approve the previous minutes with the
amendment. Motion seconded by Commissioner Musselman. Motion
was approved 3-0.

Public Questions on Data Centers (Noise, Compliance, Cooling, Utilities)

* County lacks a noise ordinance; there was questions if staff has
decibei-measuring equipment; enforcement may involve contracted
sound engineers under development plans.

e Violation process concerns: notice to comply, follow-up, potential court
complaint and injunction; timelines vary.

« Ordinance to require air-cooled or closed-loop systems, not open-loop
water discharge.

e Concerns raised about utility demand and infrastructure; no official data
center applications filed; rumors acknowledged.

e Crypto mining may fall under data centers; moratorium passed to allow
ordinance development; public input encouraged before May 13 via
posted email and planning staff.

Utility Equipment Issue on West 20 South Kelly (near old Kmart)

e Mark Constable advised that there is a large black cylinder, which is
likely telecom/cable equipment, that has been detached and sitting ina
yard he mows for over two months. pole owner denied ownership; no
identification.

e Mr. Constable was advised to contact City Street Department; county
attorney advised him to reach out to the city for information.

Kurt Keifer - Per Diem Reimbursement for Conference Attendance

e Per diem was initially denied; auditor clarified the policy: per diem not
paid when meals are provided unless overnight stay; Kurt stated that
he have two overnight stays so he is per diem eligible. Auditor will
adjust the claim once proper documentation from the overnight is
submitted.

ADJOURN

ot) BOARD OF COMMISSIONERS
oF

LE FLL. , Chairman

Keith Musselman

id , Vice Chairman

Brenda Weaver

atu, Lowes , Member

Mark Horner

- -_ Lhieg Deptt
Attest: Moc Aas lle— Auditor’ !
iHippe-

Marci Hassel bus