Residents abandon decorum as rezoning, annexation pass, 8-1

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The City of Kokomo has a new industrial park and a lot more angry residents. The Kokomo Common Council voted on March 23 to rezone and annex approximately 700 acres of land for heavy industrial use. But their actions brought out the worst in those opposing it.

Around 100 residents showed up for the final reading of the ordinances; a smaller crowd than at previous hearings, but just as passionate and much less retrained. It made for a tense evening.

In their informational session, the council listened as president Greg Davis laid out how he hoped the evening would progress. After handling a pair of ordinances concerning rezoning of a pair of properties on East Hoffer Street and South Buckeye Street, the council would hold its final hearings on the proposed industrial park.

“I’ll talk briefly to the audience, and there’s a sign-up sheet,” said Davis. “They’re being given two minutes. This is for new information. Tonight makes our fifth time that these issues have been talked about, including Paul Wyman’s meeting and the planning commission.

“Once they complete that, we’ll go into the annexation ordinance, and we’ll begin that as normal.”

Davis indicated that he would allow time for each council member to make a statement before or after each vote.

“We’ve heard a lot. We’ve listened a lot. We’ve learned a lot,” said Davis. “But I want to make sure that the council has a chance to talk. If you want to talk, I want you know you’ll get more than one chance to talk. If you don’t want to say anything, you don’t have to. Don’t feel compelled.

“I don’t want anybody to leave and you, the council, not having had an opportunity to speak to either (ordinance) if you choose to.”

Council attorney Corbin King also addressed the issue of errors in the legal description of the properties to be rezoned and annexed. On March 9, citizen Clee Oliver pointed out during public comment that there were discrepancies in the descriptions.

“There were five errors on the legal description,” said King. “I’m glad that Clee pointed that out so I could look that up, but they were all corrected. It’s my understanding the county attorney also looked at the legal description. So, when we do the zoning ordinance, we’re doing it as amended.”

King noted that the law allows for corrections to errors and omissions, which result in an amended ordinance on final reading.

“It’s a great job by the city attorney; great job by the county,” said King. “I appreciate all the folks that have given their input, and that was very helpful. I appreciate that.”

Once the public meeting began, the council took care of the initial rezonings and then turned to the industrial park. Davis addressed the crowd on how he intended the meeting to progress.

“I want to thank everyone who has attended some or all of the five meetings, including tonight’s, that have been held in regard to the proposed annexation,” siad Davis. “We sincerely thank you for your input. This look at annexation and rezoning began with your meeting with Paul Wyman at the Kokomo Country Club, followed up with a public hearing by the planning commission on February 10, where everyone who wanted to speak was given an unlimited amount of time to speak.

“Next was a meeting of Kokomo Common Council on February 23, where a public hearing was conducted concerning annexation. Again, everyone who wanted to speak was given an opportunity to speak.

“Next was the meeting of the Kokomo Common Council on March 9, which was the evening where both the annexation ordinance and rezoning ordinance were both presented and passed their first reading. Those votes were only taken after this audience were once again given the opportunity to speak

“Tonight’s meeting on March 23 will be the fifth meeting where the audience will have been given an opportunity to be heard. This meeting will be different in that we are looking to hear any new information you might have and want us to consider. The time limit will be two minutes per speaker, and each speaker has already signed the list expressing their desire to speak.”

Davis then reiterated that the annexation and rezoning have nothing to do with a rumored data center, and that the council’s purpose and responsibility are limited to the actions contained within the ordinances. And he made sure to mention the emails and communication the council members had received outside of public meetings.

“I would be remiss if I left out the extreme numbers or the emails we have received from many of you,” said Davis. “A lot of you shared meaningful and thought provoking information. Many others shared information that included personal attacks and accusations that were simply false.

“I’m proud of the due diligence and consideration that this council has invested in this annexation and rezoning ordinance. In this process, we have heard you and we have done our research.

“A lot has been said about our answering to our constituents. You’re exactly right, but you have to remember that our constituency involves nearly 60,000 people who call Kokomo home, and not just a number of people have shown up here.”

Public comment began, and immediately the speakers returned to the data center rumor, adding in general concerns about the environmental risks and utility strain that come with industrial development.

The speakers also raised concerns about the number of jobs that might be generated by the industrial park. With no project currently under consideration, developer Paul Wyman tried to explain how the process works.

“We, as a community, get requests for proposals from site plan consultants and companies,” said Wyman. “What they’ll do is go out to communities and say, ‘Our company is looking for this many acres, this type of zoning, this much square footage,’ and they put all these different requirements out there.

“If your community can meet those requirements, then (Greater Kokomo Economic Development Alliance CEO) Lori (Dukes) would respond on behalf of the alliance and say, ‘Our community has this in our inventory.’

“At that time, it would not be uncommon for the company or the site plan consultant to come back to Lori and say, ‘Okay, since you guys have all this available, we’re ready to sit down and talk with you as a community.’ They don’t always show everything up front.”

In what turned out to be the lightest moment of the evening, resident Hannah Guillaume-Wenger approached the microphone and read the conclusion to “The Lorax,” a classic Dr. Seuss tale that cautions against irresponsible industrial development and the impact it can have on the environment.

It was one of the last moments in which cool heads and respectful behavior prevailed. Thomas Sharp, the organizer behind the nascent PURGE movement, addressed the council, incensed that they did not act on or acknowledge his earlier proposal for a continuance of the ordinances.

“You didn’t even have the gumption to tell me that it was denied,” said Sharp. “Anyone with a single ounce of sense can look at this and see that it is a data center. We’ve consulted with organizations that fight data centers across this state and across the country. And everyone looks at this and says it’s a data center. Anyone that says it’s not or believes it is a fool.

“Once again, we ask you to not blindly rezone this area as high industrial. Don’t make the same mistakes that other communities have. Listen to your people and what they want, and do it responsibly. I remind you that your job is to protect the people of Kokomo, not to protect the interests of Kokomo elites, or GOATs, as they call themselves.

“As I know you have read, the name of our organization, PURGE, has a dual meeting. We intend to fight to remove every person on this board who votes yes.”

Resident Caleb Chance also addressed the council, trying to show some qualified support, but cautioning the body against passing the ordinances.

“I am not here because I’m 100-percent against annexation, and I’m not 100-percent against the rezoning,” said Chance. “I completely understand the need for growth and development. They are part of moving a city forward.

“But I am concerned about how we are doing it; rezoning and annexing a large area like this to industrial zoning without a clearly defined plan for its use. In my professional opinion, it is reckless. Zoning decisions at this scale set the trajectory for decades. Once it is done, it is very difficult to walk back.

“You were elected by the people of Kokomo to represent them in decisions like this, and there has been a very clear message from a large number of residents here tonight, as well as in the past, who have spoken at previous meetings.

“People are not asking for no development. They are asking for responsible development. They have been specific. They don’t want data centers. They don’t want nuclear-related uses. They don’t want additional strain on our water, either through contamination risk or through high volume usage. They don’t want projects like this to overburden our existing utilities and infrastructure.

“These are not abstract concerns. They are practical impacts that affect people’s daily lives and the long-term health of this very community of which I am honored to say that I live in.”

Resident Gary McNew, who has spoken at all of the council’s hearings on the industrial park, returned to ask what will happen should the park be established. As there are no projects proposed presently, Davis was unable to give a clear picture. He did indicate that, unless there were incentives or abatements included in a project, it likely would not return to the council for consideration. Any development would be handled by the Kokomo Plan Commission instead.

McNew complimented the council on its professional conduct, but then asked if the council had taken a vote on requests for a continuance. Davis stated that no motion for a continuation had been put before the council. Before he could explain that the public has no ability to make motions for continuances or to participate in the legislative process, Sharp chose the moment to push the proceedings off the rails.

“That is absolutely a lie,” shouted Sharp from his seat. “I sent it to every one of you on this board!”

“You’re not going to speak out,” replied Davis.

“You’re going to trample my First Amendment right?” retorted Sharp.

“We’re going to do it orderly, or you can go out with the (police) officers,” replied Davis.

In an effort to calm an increasingly unruly crowd, King explained that a continuance would not provide a remedy. Because the planning commission gave a favorable recommendation on the matter, inaction or delay by the council would not stop the process. After 90 days, the ordinances would pass automatically.

Wyman once again tried to make a pitch in favor of the project and explain why the location in question was selected. But he ran afoul of the council’s two-minute time limit. The crowd erupted at the two-minute mark, shouting down Wyman and Davis.

Davis allowed an additional speaker who had not signed in to speak and then closed the window for comment. This did nothing to silence the crowd, as members continued to shout at and threaten the council as the vote approached. Before the votes were cast, councilman Bob Stephenson took a moment to address the community.

“I prefer that we see individual projects for annexation and rezoning brought before the council,” said Stephenson. “If we pass both of these ordinances allowing annexation and rezoning, proposals will never come before the elected body again, only the planning commission.

“No elected official will be accountable for these major decisions that have major implications for our city. I have a problem with that. I would like to urge my colleagues on the council not to abdicate our responsibility to the community, to the appointed members of the planning commission.

“Voting no is not saying ‘no’ to growth, but will allow each future project to stand upon its own merits in a timely and orderly fashion. We all want to see Kokomo grow, but for Kokomo to grow, people have to want to live here.”

The vote commenced, and with each ‘yes,’ the crowd boiled over with anger.

“You’re disappointing!”

“Your qualified immunity is going to be gone!”

“Your grandchildren are going to hear about this!”

“I hope you can sleep at night!”

“Sad! So sad!”

“No way, Ray!”

Once audience member tried to quell the outbursts.

“How can we expect to be taken seriously with this level of disrespect?”

The annexation passed on an 8-1 vote, with Stephenson alone in dissent. The rezoning then was considered, and council member Crystal Sanburn chose to speak to the crowd.

“I want to speak sincerely to every member of this community, especially those who came forward in opposition to tonight’s annexation and rezoning votes,” said Sanburn. “Your commitment to protecting our natural resources and ensuring the safety of this community an area is not something I take lightly. It is exactly the kind of engaged citizenship that makes this city, and I mean that genuinely.

“I heard you. I read your emails, and I responded. I listened intently at the meetings. I’ve taken notes on each speaker at every single meeting, including this evening, I’ve spoken to local water experts that are not a part of the city, not a part of the the water company, I’ve spoken to our local Duke Energy representatives, the IEDC (Indiana Department of Economic Development) personnel, and landowners.

“I’ve worked the last three weeks every single day to talk to as many people as I could possibly talk to. I have done my homework. I read tons of water articles and read all social media posts from as many resources as possible, even the nasty and unfair comments about me.

“I investigated other communities, annexation, and data centers, and have already suggested to our plan commission director and the mayor that we should investigate creating a new category above high intensity for possible future zoning and rezoning of new technology that we have not zoned in the past.

“I’m a citizen of this community as well, and I genuinely weigh your concerns and my personal concerns about annexation and data centers before making my final decision. I know these ordinances have stirred strong feelings and emotions, and I deeply respect those who came forward with all concerns. Healthy debate is the foundation of good governance, and I take every voice seriously, including this evening’s comments.

“However, my responsibility as a council member is to make decisions based on the facts as they exist today, not on speculation about what may or may not happen in the future. At this time, no specific use or development has been proposed, approved, or even formally discussed for this newly annexed area.

“To vote against the annexation and rezoning based on what a project might someday be would be a disservice to the integrity of this process, and would count us out of future opportunities for jobs.”

“Bringing this land under our city’s jurisdiction is, in my view, a responsible step forward that gives our community far greater oversight and control over what ultimately happens there. If and when a specific development proposal is ever submitted, it will go through a full rigorous and public review process, including environmental assessments and safety evaluations, where every concern raised tonight will have a proper forum and full, open, community input.

“The people who showed up tonight and in previous meetings will have every right and every opportunity to give input at the planning commission and site plan meetings. And I genuinely hope you all show up to those meetings, because I know I will be there.

“I won’t cast this vote lightly, and I did not cast it against the people who oppose it. I have agonized over this. I cast it because I believe good governance means acting on what we know, preserving our ability to shape the future, and trusting the process we have built to protect this community.”

Council member Jeff Plough also chose to speak.

“I firmly believe that my council members listened carefully to the concerns that have been expressed and recognized these matters have been very thoughtfully and deliberately considered,” said Plough. “As members of this community ourselves, we share a commitment to ensuring our families and our city continue to thrive. My colleagues and I have devoted significant time to listening, researching, and discussing these issues that have been brought forward.

“This has included attending a meeting in Indianapolis, where I had the opportunity to engage with individuals from across the state regarding concerns related to data centers, as well as participating in numerous additional discussions. Currently, the topic of data center is completely speculative.

“I’ve reached out to several individuals who would likely have been involved in bringing such a development to Kokomo, and all have indicated that there is currently no plan or action underway. No non-disclosure agreements have been reported. And as a result of that, I would not support a data center at this time based off of the concerns that have been expressed by the folks in this community. Public concerns about such a project should not be ignored.

“If such a project should be considered, restrictions should be mandated concerning water usage and the potentials of contamination. The electrical demands also warrant continued review. Should a project of this nature be considered in the future, it is important to remember that any company that’s involved would be responsible for funding necessary infrastructure upgrades and operate in a way that does not lead to increased costs for residents, both now and in the future.

“I support the proposed annexation and rezoning as part of a broader effort to bring new business and industry to Kokomo in Howard County. In addition, we must work to diversify our employment opportunities, to reduce our reliance on the automobile industry and strengthen the resilience of our local community.”

The council then took its vote on rezoning, again with outbursts from the crowd on each affirmative vote. The measure passed 8-1, with Stephenson dissenting.