Nik Rajkovic / news@whmi.com

Howell Township's planning commission is scheduled to hold a public hearing next week as it considers amending an ordinance regulating data centers and other high-impact land uses. Tuesday's meeting comes just days before the township's latest six-month moratorium on data centers expires on November 20.

Earlier this week, trustees and residents pushed for a ban on non-disclosure agreements, which came to light during discussions with a data center developer last year.

"I believe the township still possesses the statutory authority to make a violation of an ordinance a misdemeanor, which as a penalty of up to 90 days imprisonment and a $500 fine," Trustee Tim Boal said to applause from the audience. "I'm not sure if we need to go that far, but I'm more than happy to sign something like that."

Trustee Jodi Fulton made the argument for an ordinance against NDAs, rather than a board policy.

"If an NDA is signed despite a policy, would it stand the same likelihood of being tossed out by a judge as one that is signed illegally? The public deserves an ordinance providing the maximum available protections for that potential scenario," she said.

"A township without an ordinance prohibiting NDAs leaves its staff and officials open to the risk of entering into an improperly structured NDA, or inadvertently violating a signed NDA, which would put the staff person or the township at-risk for costly legal defenses and monetary damages owed."

The township Board directed their attorney to draft a potential local ordinance banning elected and appointed officials, township staff and contractors who provide services to the township from signing NDAs related to township business.

The planning commission's public hearing is scheduled for 6:30 pm Tuesday, November 17.

Video of Monday's Board of Trustees meeting is linked below.