Indiantown attorney drafting data center moratorium | Martin County

INDIANTOWN – The Village Council here voted unanimously Sept. 10 to direct its legal counsel to began drafting a data center moratorium and transparency ordinance, a week and a half after the recently-elected Board majority fired the village manager and replaced its long-term attorney in a quest to fulfill campaign promises of pausing such applications.

In addition to replacing Village Manager Taryn Kryzda with former Stuart City Manager Michael Giardino on Sept. 1, the Council replaced Village Attorney Wade Vose with one of his colleagues because he’d acknowledged his reluctance to recommend Indiantown’s participation in a data center moratorium. Two days afterwards, Community Development Director Deana Freeman tendered her 30-day notice, realizing her work on at least three data center applications had put her in the cross-hairs of an angry group of area residents. Giardino told the Hometown News that he tried to persuade Freeman to stay on, but when she declined, he told her to make her resignation immediate. The interim village manager has now assumed Freeman’s responsibilities as well.

Interim Village Attorney Janet Smith launched the moratorium discussion during the latest meeting.

“What we would like to proffer to the Council is two ordinances,” she said. “They will both have to go through planning and zoning and come before you on two separate readings. You will have public comment at each of those meetings. The first one is the moratorium that we feel will be legally defensible. The second one is the transparency ordinance.”

The last ordinance was in response to public outcry that Freeman had allegedly signed a non-disclosure agreement with a potential data-center developer, which caused much of the opposition to believe it was a common practice in Village Hall in order to keep residents in the dark. Smith admitted that she had not personally seen the NDA in question but had since submitted a public records request for a copy. Around the Sept. 3 date of Freeman’s resignation letter, a purported copy of that NDA began circulating on Indiantown Facebook pages. The Hometown News could not authenticate that document, however.

“I’ve only been told that there was one NDA,” she continued. “I’m still waiting to see about getting it, so that’s in the process. I did hear that NDAs were frowned upon by the Council and the community.”

Smith acknowledged there were other methods utilized by municipalities to protect industry trade secrets that could still be implemented in the future.

“I have statutory exceptions that the Council can use for trade secrets,” she explained. “If someone is bringing forward a proposal considered a trade secret and they’re willing to indemnify the Village while they speak to us so we can protect their records, then we have that opportunity. So, an NDA should not be needed.”

The interim attorney hopes to begin the ordinance process with the Planning, Zoning & appeals Board on Oct. 1, followed by the Council’s first reading Oct. 8.

“On Oct. 22, we would have it back before you for second reading and adoption,” she concluded as she read her draft language to the Board. “This would become an ordinance for the Village.”

Mayor Phyllis Waters Brown was the first to comment afterward, repeating her concerns of potentially clashing with developers over Senate Bill 180 and other Florida statutes.

“This is not a surprise to anyone – I do not want wish to go to court,”she said. “What is wrong with having an open house for all of them, [so] we learn what we need to learn. Let them show us and teach us what we’re asking for and do a moratorium on the ones that may come after.”

“Nothing in what I’m proposing would stop you from doing that,” Smith responded. “There’s nothing against having a workshop or a town hall. I’m not giving you any solution that can’t be stopped. If you want to do anything in-between working with the interim manager, you still have that opportunity.”

After Councilman Anthony Dowling made a motion to follow Smith’s recommendations — which was seconded by Councilwoman Janet Hernandez — a handful of public speakers addressed the Board. Clemenstville resident Linda Byczko started them off. Like several others who’ve actively pushed for the moratorium, Byczko does not live within the Indiantown Village limits and could not vote in the last election. Instead, those county residents lobbied Village residents to vote to make a change.

“I think you need time to write regulations to protect the Village,” she said. “The land development regulations right now are very weak: They do not address what you have going on here.”

Rory Greenberg has submitted a data-center application for the former Florida Steel Corp. site and stressed his desire to collaborate with the community.

“This industry’s moving very fast,” he said. “I think working together and being self-regulating is the best approach. We’re not looking to move fast; we’re just looking to move in earnest. You guys pick the expert, I’ll hire them.”

The face of the local opposition, Eric Miller, followed Greenberg to the podium. Like Byczko, he couldn’t vote, but it was of his own doing. During the incorporation movement, he successfully lobbied to keep his Little Ranch area outside of the Village limits.

“Mr. Greenberg is right,” he said. “What you’re proposing and you’re going to vote on here is what could have started last February had there been open dialogue and everything not kept in dark rooms. We wanted a seat at the table to make sure what was coming in here was going to be safe. This gives us a framework to work in. You’ve been given another opportunity to work with us, the people that live in this area.”

The attorney for the Silver Fox 606 data center applicant, Ethan Loeb subsequently advised the Council of potential litigation.

“Certain organizations from our perspective have private property rights that are vested,” he said. “My client’s one of them. I think they deserve to be treated differently than somebody that doesn’t have any rights at all. They’re different, so I’m going to be presenting that to the village attorney.”

The final public speaker, Indianwood Golf & Country Club resident Penny Kaminsky, lashed out at Councilmember Vernestine Williams-Palmer and the mayor, the two members of the current Council who were not elected in the August Primary. Kaminsky threatened to have them recalled, although she has no right herself to vote in Indiantown elections.

“You ought to be ashamed of yourself – both of you – the way you’ve been voting and the things you’ve done,” she said. “We have a petition to recall the both of you – I have it drafted – all it’s going to take is for me to get the signatures. It ain’t going to take long.”

The Council then voted unanimously to direct Smith to proceed with drafting the ordinance. The Hometown News sent Smith and Giardino emails on Sept. 24, but neither responded by deadline as to whether Kaminsky has the legal authority to submit such a recall petition. Florida has strict residency requirements for signature gatherers, and the Village charter may have its own restrictions as well.