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Commissioners approve Letter of Intent and NDA for proposed development; public raises water, jobs and transparency concerns
Summary
The Board approved a Tax Abatement Letter of Intent and Non‑Disclosure Agreement for a proposed economic development project that contemplates a 100% tax abatement for at least 15 years; visitors raised questions about water use, jobs and the use of an NDA, and the county prosecutor said the NDA is standard at this preliminary stage.
The Washington County Board of Commissioners on Jan. 22 approved a Tax Abatement Letter of Intent (LOI) and Non‑Disclosure Agreement (NDA) to advance due diligence on a proposed economic development project that the LOI describes as eligible for a 100% tax abatement for a minimum of 15 years and a payment-in-lieu-of-taxes (PILOT) structure to be negotiated.
The LOI, read into the record by Charlie L. Schilling, states that the Board cannot formally authorize a tax abatement outside a duly noticed public meeting and that final approval would require action from three entities: the Board of Commissioners, Waterford Township Trustees and the Wolf Creek Local School Board. The LOI also says the Board is prepared to negotiate payment amounts that balance competitiveness and support for local infrastructure.
Visitors during public comment expressed concern about the project and the use of an NDA. Betsy Cook asked about the water and energy requirements of a data center; Jessica Archer described the NDA as "disheartening" and urged openness; Dee Arnold said data centers "create few jobs and produce waste" and criticized lobbying expenditures. Commissioner Eddie D. Place responded that commissioners are listening and intend to do due diligence, and Commissioner Ronald G. Nohe said the Board will address public concerns.
County Prosecutor Nicole Coil told the Board that the NDA is standard at the preliminary stage because it protects proprietary information while parties determine whether to move forward; she framed the stage as an exception to open-negotiation rules for preliminary discussions. The Board approved the LOI and NDA by unanimous roll call.
The LOI also signals willingness to consider Community Reinvestment Areas or a Joint Enterprise Zone in coordination with the SE Ohio Port Authority if either approach benefits the community. Commissioners noted site and infrastructure questions may proceed in parallel with due diligence activities (permitting, utility coordination, land acquisition, site preparation) but said any formal tax abatement would require later public meeting action.
Next steps identified by the Board include continued due diligence and coordination with township and school authorities; the LOI and NDA do not commit the Board to a final abatement or any specific financial terms.
