On Feb. 12, dozens of people gathered in the Public Assembly room to send a message: Say no to a proposed data center on Sherman Drive.
Opponents had a combined 20 minutes to make their case and rebut arguments from the developer’s attorneys. They came armed with detailed concerns about insufficient noise studies, pollution and the danger of storing large quantities of diesel fuel on site.
A city-county councilor echoed their sentiments.
“These people you see gathered here today are your bosses and mine,” said Councilor Jesse Brown, whose eastside district includes parts of Martindale Brightwood and is adjacent to the proposed data center’s district. “And because our bosses are telling us to — deny these requests.”
Judy Weerts Hall, the hearing examiner, would ultimately recommend approval of the project with commitments from the developer.
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As she announced her decision, she also addressed Brown’s comments.
“Contrary to what Councilor Brown said, I don’t really have a boss,” Weerts Hall said. “So the (Department of Metropolitan Development) staff isn’t my boss. The mayor isn’t my boss. The public isn’t my boss. I am an independent person trying to make (recommendations) based on my professional background.”
The comments did not sit right with some of the community members, and they raised questions about how a city contractor, paid with city dollars, views her responsibility to the public.
Weerts Hall, through a DMD spokesperson, declined to be interviewed for this story.
In response to a list of detailed questions for DMD and Weerts Hall, the department’s spokesperson Auboni Hart provided a two-paragraph “comprehensive response to all questions received.”
That response, however, did not specifically answer several of the questions, including how Weerts Hall incorporates public input into her decision-making process, or how she views her relationship to the public as a city contractor who has been paid more than $109,000 in taxpayer dollars since 2016.
For Denell Howard, pastor of Hovey Street Church of Christ in Martindale Brightwood, the dynamic was all too familiar: A white city official appearing to dismiss the will of Black residents.
“Sometimes people have to be aware of tone and timing. To say that in a meeting with the undertone that it had and the time that it was said, and the snideness that she said it with,” Howard said, “it’s another blow to the Black people who believe that the people who are working in these particular offices feel a certain type of way towards the people.”
What does a hearing examiner do?
The hearing examiner is responsible for conducting public hearings related to proposals to change or get exceptions to the city’s zoning ordinance. That law regulates what types of structures can be built on a particular site.
Hearing examiners are appointed by the Metropolitan Development Commission, which is made up of mayoral and city-county council appointees. According to Hart’s statement, “this role is structured to ensure that decisions are based on the evidence presented, applicable laws and adopted policies.”
Weerts Hall was initially appointed in 2016 and has served consistently ever since. At the Feb. 12 hearing, she said her background is in urban and regional planning.
Weerts Hall is paid $115 per hour for her work as hearing examiner. Although her contract with the city says that the hearing examiner is an independent position that is not in an employer-employee relationship with the city, the city can terminate the contract at any time for any reason.
A departure from the quality of life plan
This is the first time Shonna Majors, who lived in Martindale Brightwood as a child and is executive director of the Brightwood Community Center on the northeast side, has gotten involved in a zoning process.
She’s canvassed door to door and handed out fliers about data center meetings. She said she’s been disappointed with how city leadership seems to be ignoring what community members want.
“For her to quip back with, well, I don’t have a boss, seemed a little catty to me,” Majors said of Weerts Hall’s comments. “She does have to understand that all of the government is run by the people, and so even though she may not have to answer directly to the people, somewhere along the line she’s got to answer to somebody.”
Her organization was a stakeholder for the Martindale Brightwood Quality of Life Plan. She said the data center doesn’t line up with the plan’s goals.
Asked about how the data center would support the neighborhood’s quality of life plan, DMD spokesperson Hart pointed to the DMD staff’s report on the rezoning proposal.
That report, though, does not mention the quality of life plan.
Majors said she is also disappointed in her city-county councilor, Ron Gibson, who told reporters in October that he would not support the data center if the project was not backed by community support. Despite that, he said he supported the project at the Feb. 12 hearing and asked Weerts Hall to recommend approval.
“Do I think that they’re taking what the community has to say into consideration? No, no,” Majors said.
Eastside reporter Darian Benson contributed reporting.
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Emily Hopkins is a Mirror Indy reporter focused on data and accountability. You can reach them on phone or Signal at 317-790-5268 or by email at emily.hopkins@mirrorindy.org. Follow them on most social media @indyemapolis or on Bluesky @emilyhopkins.bsky.social.
Mirror Indy’s questions for Judy Weerts Hall and the Department of Metropolitan Development
For Ms. Weerts Hall:
- Can you provide some insight into what you consider when you are evaluating a rezoning or variance proposal? What documents or plans do you reference? What are the things you take into consideration?
- How do you incorporate public input into your decision-making process?
- The city has paid you more than $100,000 since 2016. How do you view your relationship with the public as a city contractor?
- At the last hearing of the Metrobloks proposal, you said: “My education is interurban and regional planning, so I am here as a professional planner. And contrary to what Councilor Brown said, I don’t really have a boss. So the staff isn’t my boss. The mayor isn’t my boss. The public isn’t my boss. I am an independent person trying to make recommendation based on my professional background.” Doesn’t every government worker who is paid with tax dollars ultimately answer to the public? And especially ones with direct public-facing jobs?
- Several community members took issue with these comments. One Martindale Brightwood community leader said, while it was likely not your intention, it was an all too familiar sentiment to hear from a white official responding to Black residents. How do you respond to that?
For both Ms. Weerts Hall and DMD staff:
- How does this project adhere to the livability principles of the city’s zoning ordinance?
- How does this project support the Martindale Brightwood Quality of Life Plan? How does this project support the city’s comprehensive plan? Are those plans aligned?
- Several other data centers in the city, which are smaller than Metrobloks’ proposed facility, are located on land zoned for I-4 (heavy industrial use). What makes this project appropriate for I-2 (light industrial use)?
- If this project is appropriate for I-2, why was rezoning to C-S (Commercial — Special District) sought?
Response from Auboni Hart, spokesperson for the Department of Metropolitan Development:
The Hearing Examiner serves as an independent, neutral decision-maker responsible for conducting public hearings and evaluating rezoning petitions, variances, special exceptions, and other land use matters. This role is structured to ensure that decisions are based on the evidence presented, applicable laws, and adopted policies. While independent in decision-making, the Hearing Examiner plays an important role within the City’s broader framework of public service and accountability.
DMD and its governing bodies remain committed to following all guidelines and procedures outlined in the Metropolitan Development Commission (MDC) Rules of Procedure, which govern the conduct of hearings and decision-making. These rules ensure consistency, fairness, and due process for all petitioners, residents, and stakeholders participating in the public hearing process.
For the questions addressed to both entities, please view the Staff Report (pgs. 78-114).
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