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Commissioners table Letter of Intent and NDA for proposed Waterford data center, authorize outside counsel
Summary
County commissioners tabled a Letter of Intent and Non-Disclosure Agreement for a proposed data center project near Waterford (Project Oberon) to allow public review, and approved hiring outside counsel with set cost parameters to assist with negotiations.
The Washington County Board of Commissioners on Jan. 15 discussed a Letter of Intent (LOI) and a Non-Disclosure Agreement (NDA) related to a proposed data center development near Waterford, referred to in the meeting as Project Oberon. President Charlie L. Schilling said the LOI is needed to negotiate potential tax abatement or payments in lieu of taxes (PILOTs). Prosecutor Nicole Coil told the board the draft LOI and NDA are standard and she has no issue with them.
Several members of the public spoke during comments. Kevin Tornes criticized the NDA, saying it would keep negotiations "behind closed doors" and cautioned against offering tax breaks; George Banziger raised unrelated concerns about injection wells and requested an ODNR public hearing. After discussion, commissioners voted to table the LOI and NDA to allow time for public comment and additional review.
The board also approved a separate motion to hire outside counsel to assist with the project, with specified maximum cost parameters. President Schilling said the county will likely need experienced counsel for negotiation of development agreements, and Prosecutor Coil said she will work with outside counsel because she lacks experience with projects of this type.
Why it matters: the LOI and NDA could shape terms for tax incentives or other economic development tools; tabling the documents delays negotiations and opens space for public input. Hiring outside counsel signals the county intends to pursue formal negotiations but wants specialized legal support.
What happens next: the LOI and NDA remain tabled pending public review and further board consideration; outside counsel will be retained under the approved cost constraints.
