Vermillion County Commissioners reject data center moratorium

For months, the Vermillion County Commissioners and residents wrestled with the next steps for the county regarding a proposed moratorium on data centers from the Vermillion County Area Plan Commission. 

On Monday, the Commissioners voted 2-1 to reject the proposed moratorium on data center development at the Vermillion Rise Mega Park in a meeting that was contentious and heated at times.

Commissioners Misty Hess and Bill Peebles voted against the moratorium, while Commissioner President RJ Dunavan was the lone yes vote. 

The decision came after Dunavan's motion to accept the moratorium failed for lack of a second, prompting cries of "wow," from several in attendance.

Hess then moved to reject the proposal, raising her voice at those in attendance.

"It's rude. I have not been rude to any of you. It's unnecessary. Stop it," Hess said, talking over those in the audience. 

Peebles seconded the motion, stating there was no "imminent data center" coming to Vermillion County." 

That comment drew a chorus of laughs from several in attendance, prompting Hess to tell them the Commissioners had already acted. 

"We have created the committee. Nobody is sitting on the committee, and that is what you asked us to do. Every time we do something, I feel like it's not good for any of you. We are trying to work with you and create the best for the community. We are listening to the thoughts and taking it all into consideration. We are. There's a lot more people than what's in this space that is the majority of this community. You're not all Vermillion County. There's plenty of other people. I get lots of messages, text messages and phone calls about it," Hess said. 

Dunavan, who said Vermillion County is open for business and the moratorium would have been a tool for the Area Planning Commission, expressed disappointment with the vote. 

"I would say very disappointed from my perspective, however, what makes this country great is we don't always agree as elected officials. I just wish they would have supported the moratorium," Dunavan told The Parke County Post. 

Dunavan said from his perspective, the moratorium was "well thought out."

"It would have given them and the data center committee ample time to work on an ordinance. It still doesn't prevent them from working on one, so the work still continues to get a data center ordinance on the books," Dunavan said.  

Brad Johnson, a planning consultant for the Vermillion County Area Plan Commission, told those in attendance that no data center regulations are currently in place and that 12 months would have been plenty of time to investigate regulations. 

"Our goal is to protect the public and main issues. Water just keeps coming up. We are going to take such good care of that particular issue. This gives us the period of time we need to study and write the draft and get it to the Area Plan Commission and the Commissioners," Johnson said. 

Peebles asked Johnson what a moratorium would do, and Johnson said it would prevent the county from processing new applications for a data center.

The proposed moratorium would have stopped the processing of any new data center applications for a calendar year. However, if the Vermillion County Unified Development Ordinance was amended to incorporate reasonable zoning and land use regulations for data center projects, the moratorium would have immediately terminated. Additionally, a provision allowed the Board of Commissioners to request that the Vermillion County Area Plan Commission study the potential for a data center and evaluate potential positive and negative impacts. 

Furthermore, the proposed ordinance stated the Vermillion County Area Plan Commission and the Vermillion County Board of Commissioners "believe that a temporary strategic moratorium on the processing of applications related to the development of any data center projects is necessary for promoting the public health, safety, comfort, morals, convenience and general welfare of the citizens of Vermillion County." 

Peebles told those in attendance he had been "kind of opposed to moratoriums."

"I know there are people in this crowd that are going to start rumbling, but moratoriums not only impact a data center, moratoriums could impact anyone else who is trying to invest in the industrial park out there," Peebles said. 

Johnson said the moratorium would not impact land use beyond data centers. Peebles countered that potential investors could walk away knowing Vermillion County "does not want to do business." 

"It sends a signal," Peebles said. 

Johnson, having helped with urban planning for 35 years, said he had not witnessed that take place once. 

"We can speculate, but the reality is this should not have any influence at all on any other developments except a data center. We are not saying that we are closed for business. We are saying we need time to draft these regulations. That is it. I guess someone could spin it that way if they were trying to sabotage the future of the county, but that is really not the message," Johnson said.  

Nolan Mihail, a Vermillion County resident who is on the data center committee, said he was not surprised by the vote. 

"As for what comes next, the committee is going to have to work faster than we should, but we're just going to bring the moratorium back to the commissioners in January. I haven't had a chance to talk to other committee members yet as far as next steps, unfortunately," Mihail said.