Crowd shouts down mayor, harries council over right to speak on proposed industrial park

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A proposed annexation of 700 acres of land on the northeast side of Kokomo drew plenty of opposition from the community at the Kokomo Common Council meeting on Feb. 23. But confusion and chaos overtook the proceedings as the crowd refused to be silenced during and after a public hearing on the matter.

Residents filled the council chambers at City Hall, intent on arguing against the establishment of a new industrial park adjacent to the StarPlus battery plant. Clearly worried about the development of a data center on the land – a poorly veiled project that city leaders are aware of but refuse to acknowledge – the people sought clarity and an opportunity to express their opposition.

They got neither.

A public hearing on the fiscal plan for the proposed annexation was first on the agenda. And the council went into the meeting with a plan. Council president Greg Davis informed the council members that the public hearing would limit speakers to four minutes each for those who signed a sheet to be heard, and that public comment would be limited to the fiscal plan of the annexation.

Davis also expressed a desire for the council members to maintain decorum and to help keep the meeting civil and organized. This foreshadowing moment seemingly manifested the chaos that followed, as the council failed on both counts.

Once the council convened the public hearing on the proposed annexation’s fiscal plan, Davis explained to the crowd that only the annexation process was being considered, reading a prepared statement.

“Recent public discussion surrounding a proposed annexation and rezoning for an industrial park in north Kokomo has prompted many questions about how these decisions are made,” said Davis. “While the two issues are often discussed together, annexation and rezoning are separate legal actions that follow a structured process under Indiana law designed to ensure transparency, public participation, and careful review.

“Annexation determines whether or not property becomes part of the city of Kokomo, while rezoning determines how land may be used once it is inside city limits. In this case of the proposed industrial park, all property owners within the proposed annexation area submitted a petition requesting to join the city. This is sometimes informally referred to as a super voluntary annexation. A separate rezoning application was filed to change the zoning classification of the property if annexation occurs.”

Upon passage of the fiscal plan, the annexation itself will be considered by the council on March 9 and again on March 30 should it pass on first reading. Davis also pointed out that the rezoning of the properties for industrial use was considered by the Kokomo Plan Commission on Feb. 17 and was forwarded to the council with a favorable recommendation by a 5-4 vote.

“The city council serves as the final decision-making body for both annexation and rezoning,” said Davis. “This is only the fiscal plan, and in no way affects the requirement that the annexation ordinance itself will be heard and must pass on two separate readings if the annexation is to proceed.”

Should annexation eventually be approved by the council, the ordinance must be published, followed by a 30-day appeal period. At that point, Davis explained, any rezoning also would take effect. However, any development on the newly rezoned and annexed land must be submitted to the Kokomo Plan Commission, which may include permits, a development plan review, and possibly further public hearings.

Davis further acknowledged that several members of the community reached out to the council concerning what might be developed on the land, and the members reviewed the plan commission proceedings.

“We have also heard speculation about a data center, and that is exactly what it is at this point, speculation,” said Davis. “Conversation or conjecture about a data center is simply not on the table at tonight’s public hearing and is off topic.”

The crowd had other ideas about how the evening would progress. Clearly incensed by the development, several speakers addressed the council. However, some residents, who wished to bring up concerns about the rezoning or the possibility of a data center being constructed, ceded their time, believing their voices would be heard at a future meeting.

Some still argued against rezoning, and as the evening progressed, references to a possible data center were made with more than a little sarcasm. But one speaker in particular, Allie Pond, directed her concerns to the annexation plan.

“I’d like to clearly state that I’m not anti-growth or anti-development,” said Pond. “I’m very pro-responsible growth and transparent development. Those principles are outlined in the Kokomo comprehensive plan, a plan this proposal directly contradicts in several ways.”

Pond criticized the annexation for failing to diversify the economy, leaning into Kokomo’s established automotive industry.

“If diversification is truly the goal, shouldn’t we be working to attract more varied commerce or new sectors that appeal to young families or entrepreneurs?” asked Pond. “Unless there’s a broader plan that has not been shared with the public, I believe this proposal appears inconsistent with the comprehensive plan.

“There are no complete impact studies, no risk assessments, and no clear outline of potential infrastructure burdens. And if no project comes at all, the city will have approved a net loss for over four years tied to a highly controversial land use change, and for what return?”

Pond pointed out that five household immediately adjacent to the proposed annexation are not identified in the fiscal plan, which she believes “understates the service demand and skews the financial analysis.” She also brought up the burden of providing emergency services to the affected area.

“Before expanding city boundaries, we should understand the real impact that this will have on response times and public safety infrastructure,” said Pond.

She also expressed concern about the city working with the Indiana Department of Economic Development, which is currently under investigation for possible “financial oversights.” Until those are resolved, Pond asked the council to vote down the annexation.

Davis told the crowd that Pond’s concerns had been forwarded to city attorney T.J. Rethlake, and responses are available, though they were not detailed.

“The bottom line is he says fiscal plan meets the statutory requirements to be considered,” said Davis.

Later speakers were not as veiled with their comments, issuing threats to vote the council members out of office and proclaiming that responsibility for any harmful consequences for the community would be their responsibility.

One resident, Jack Chance, criticized the city for seeking further expansion when the services it provides are already insufficient, in his opinion.

“I drive a car,” said Chance. “I know what it’s like to hit those axle breakers (potholes). I know what it’s like to have a long wait when you dial 911 and you’re in desperate need. You are seeking to take on additional places to provide those services that you already dismally failed to provide for the land that we already have.

“So, before you decide to fail even more voters, by the consent of the governed, do what the governed has told you to do.”

Resident Hannah Guillaume-Wenger chose to stray off-topic and address the potential of a data center being developed. But one of her assertions turned out to be very relevant, at least to those opposed to the annexation. She pointed out the possibility that development on the annexed and rezoned land might not need to appear before the council.

Though she cited a bill at the Indiana Statehouse that has been referred to committee this year and likely will not be heard, Guillaume-Wenger worried that a data center – or “the forbidden words” – might not require additional public hearings or council approval. Indeed, many developments that do not require special exceptions to zoning or other considerations go before the site plan committee of the Kokomo Plan Commission and never reach the common council.

Once the residents who chose to speak had made their pleas, Mayor Tyler Moore spoke to the council. But his attempt to address concerns raised quickly fell afoul of the council’s four-minute rule for speakers.

Moore acknowledged the need for economic diversity, and he tried to make an analogy about unused properties within the city that already are zoned for industrial use.

“I get that there’s the opportunity that others have for repurpose of property that has already been developed and used in the past and now is gone,” said Moore. “There’s been reference of dilapidated buildings and such, but there’s also been mention of folks building new homes.

“I could liken it to that. I mean, if someone is building a new home, the question could be posed, why are you building a new home when there’s plenty of inventory of homes in the Kokomo area?”

This caused the crowd to erupt in anger, but Moore attempted to continue his line of thought.

“The answer to that is because it’s not what the what the homeowner, the proposed property owner, wants,” said Moore. “The thing that is available is not conducive. It doesn’t meet specifications. It’s not where they want to be. So, in order to entice development, and we’ve had site selectors in, we’ve had interested companies come in and look at the GM site, at some of the PPG buildings, a lot of vacant land in the Lincoln Business Park, those areas are not conducive to what these investments or these developers want.

“So, having an additional dedicated industrial park gives us that opportunity to finally diversify our community and provide shovel-ready sites that are in conjunction, in response to, our comprehensive plan.”

Moore went on to argue that the fiscal plan for the proposed annexation meets the requirements set out in the city’s ordinances and that the necessary public services for the area are accounted for and conducive for development. But he stopped short of acknowledging that a data center is under consideration.

“We don’t know what the proposed development is, and we may not know for a few years,” said Moore. “But the opportunity to have that available is what makes Kokomo attractive to a developer that could bring additional jobs.

“Those with parents or with children or grandchildren who have moved away because there’s not employment opportunities here, this provides that opportunity to bring diversity. I know we got excited when the when VenTECH started producing ventilators during the pandemic. That was our step into the medical industry. Obviously, they pulled out, but there was still that opportunity.”

As Moore prepared to make his next comment, the mood shifted violently as his time at the microphone reached four minutes. The crowd began yelling that the mayor should stop talking because of the limit that had been imposed on other speakers. Moore stammered a bit and looked to Davis for direction that never came.

“I took notes of what everybody was saying,” said Moore. “Is my four minutes up? Okay, I apologize. I did take notes. I wanted to address everybody …”

“Thank you, mayor,” said Davis.

Moore retreated to the back of the room, and Davis closed the public hearing.

As the council opened its regular meeting, resident Clee Oliver approached the microphone with a question about when those wanting to speak against rezoning or a possible data center might have an opportunity to be heard.

“In the next two meetings, this is going to be brought up again, correct?” asked Oliver.

“We will bring annexation and rezoning on March 9,” said Davis.

“Okay, you had a number of people that want to speak later, that didn’t want to speak tonight,” said Oliver. “Are they going to be allowed to speak later?”

“I don’t know what they’re going to speak about,” said Davis. “We were here for it, for the public hearing for annexation. They chose not to speak.”

“But they thought they were going to get to speak on something else,” said Oliver. “So, are they going to be able to speak at the next two meetings?”

Davis dashed the hopes of the potential speakers, not acknowledging their stated intent to speak on the topics of rezoning and a data center when those issues came before the council at a later meeting.

“There’s no guarantee,” said Davis. “Again, they don’t have the right to speak. You have a right to be present and watch all the public proceedings, but you don’t have a right to speak.”

Some of those who chose not to speak because of Davis’ earlier restrictions began shouting out from the crowd.

“I said I’d save my time for the next meeting!” one resident exclaimed. “I specifically said I’d talk at the next meeting!”

“I think you mentioned you want to talk about rezoning,” replied Davis. “That’s not on the table tonight.”

“I walked up there to talk to you about rezoning, and you told me in response I might not be able to speak,” the resident said.

“You know, March 9 will happen, and we will make a decision whether there will be any public speaking at all,” said Davis.

Davis then recited the passage in Indiana’s Open Door Law, which does assert that citizens do not have a right to address the council outside of a public hearing. The crowd was clearly dissatisfied with his statement.

Seeing that the meeting was no longer under control, council attorney Corbin King addressed the crowd to try to assuage their tempers.

“The president (Davis) I were going to talk about what was going to be the protocol at the next meeting,” said King. “Yes, we want you to be heard. Sometimes it can get offline, but we’re going to be back online. It’s going to be okay.

“We did have a discussion. What are we going to do about the next meeting? What is going to be our protocol? Everything’s going to be okay. We’ll talk about it. I understand the confusion. We want you to be heard. It is, and it can be, confusing, but we’re going to right the ship. Just give us that opportunity.”

A resident in the crowd then asked if she could speak, fearful that another opportunity may not arise. The crowd began demanding that she be allowed to do so. The shouting got to Davis.

“Please don’t shout out,” said Davis. “We’re all adults here. I’m not shouting at anyone. You don’t need to do that to me. Tonight is not about rezoning. We will hear rezoning. It will be before the council on March 9. Do I have an expectation that you get to speak about that? Yes.”

With that, the council voted on the fiscal plan for the annexation. It passed unanimously.