Indiantown attorney drafting data center moratorium

The Indiantown Village Council in Florida unanimously voted on September 10 to instruct its legal counsel to draft a data center moratorium and an accompanying transparency ordinance. This decision comes after a recent shake-up in village leadership, including the firing of the village manager and replacement of the long-term attorney, to address campaign promises centered on pausing data center applications. The former village attorney had expressed reluctance regarding a moratorium, leading to his replacement by Interim Village Attorney Janet Smith. Additionally, Community Development Director Deana Freeman resigned shortly after the changes, reportedly due to her involvement with data center applications.

Interim Village Attorney Janet Smith presented the plan for two ordinances to the Council. Both require review by the Planning, Zoning & Appeals Board and two separate readings by the Council, each with public comment periods. The transparency ordinance aims to address public concerns about alleged non-disclosure agreements (NDAs) with developers, which residents believed were used to keep them uninformed. Smith, who has not seen the alleged NDA, stated that statutory exceptions can protect trade secrets without requiring NDAs.

The proposed timeline aims for the Planning, Zoning & Appeals Board to begin reviewing the ordinances by October 1, followed by the Council's first reading on October 8, and a second reading and adoption on October 22. Mayor Phyllis Waters Brown expressed concerns about potential conflicts with developers and state statutes, advocating for open houses to learn from developers rather than a blanket moratorium. However, Councilman Anthony Dowling motioned to proceed with Smith's recommendations, seconded by Councilwoman Janet Hernandez, leading to the unanimous vote.

Public speakers included Clemenstville resident Linda Byczko, who stressed the need for stronger land development regulations to protect the Village. Rory Greenberg, a data center applicant for the former Florida Steel Corp. site, emphasized collaboration and self-regulation. Eric Miller, a local opposition leader, supported the moratorium as a framework for open dialogue. Ethan Loeb, attorney for the "Silver Fox 606" data center applicant, warned the Council of potential litigation due to vested private property rights. The Council's decision to proceed with drafting the ordinances was unanimous despite the varied public comments and legal warnings.