[3:16] [Captioner present]

[3:28] [Background conversation]

[8:22] >> Good evening.

[8:23] I call to order the Board of Supervisors meeting Wednesday

[8:27] August 12th 2026.

[8:28] We have before us Pastor Ross Holzberg

[8:31] from new Hope Lions Church who will

[8:34] be delivering the invocation.

[8:36] Pastor thank you for coming out tonight.

[8:38] >> Please stand.

[8:40] Let us pray.

[8:43] Almighty father the creator of the universe

[8:47] come the sustainer of the universe.

[8:49] We lean into your wisdom.

[8:52] Knowing that you are ever present.

[8:54] Omniscient and omnipotent.

[8:58] Tonight in this room there will be words

[9:02] spoken with great passion.

[9:04] Hopefully with great wisdom and insight.

[9:08] Might we be reminded that you are the God of all creation

[9:12] and therefore are called to love one another.

[9:17] And rightfully disagree.

[9:19] In rooms like this.

[9:21] Give to our leaders the wisdom needed

[9:25] to discern what is best, not just for the hour

[9:30] but for the future.

[9:32] We thank you for those who are involved in our education

[9:36] system, as today was the first day of school.

[9:40] We ask, O Lord, your divine protection from the evil one.

[9:47] Throughout our entire county.

[9:51] Your gracious, you are kind, and might we find ourselves

[9:57] filled with wonder of who you are.

[10:01] In the name of Jesus Christ.

[10:04] Amen.

[10:05] >> Vice Chair.

[10:07] >> Remain standing.

[10:09] Pledge of Allegiance to the flag.

[10:12] >> I pledge allegiance to the flag of the United States

[10:14] of America and to the Republic for which it stands,

[10:14] one nation under God, indivisible,

[10:16] with liberty and justice for all.

[10:24] >> Thank you.

[10:30] Next up is the adoption of the agenda.

[10:37] How would the board like to handle it?

[10:39] >> Chairman I would move for the adoption of the agenda

[10:43] as presented.

[10:46] >> All those in favor.

[10:50] [Members voting aye]

[10:51] >> We have an agenda perfect.

[10:53] Next item up is citizens comments.

[10:54] Now this is for agenda items that are not

[10:57] subject to a public hearing.

[10:59] Madam clerk?

[11:00] How many do we have signed up?

[11:02] >> Mr. Chairman we have right now 17 folks signed up so I will

[11:07] call the first name and the second one to queue so that we

[11:09] can keep it moving.

[11:10] >> Okay a couple things please.

[11:13] When you come up, give your name, your magisterial district

[11:17] and you have three minutes and we're

[11:19] going to ask you please keep the applause because when

[11:22] she's calling the second name, people can't even hear it.

[11:26] We got a complaint the last time about their name being called

[11:29] and they didn't even know that it was being called.

[11:31] So just let it flow.

[11:33] Okay?

[11:34] Please.

[11:35] >> Donald Matlock followed by Vicki Michaels.

[11:45] >> Evening Donald Whitlock from the Gainsborough District.

[11:47] Good evening Mr. Chairman and members of the board.

[11:50] I live on Babbs Mountain Road in the path of the Valley links

[11:53] proposed study routes for its Valley North project.

[11:56] I'm here with a coalition of neighbors from Babbs Mountain

[11:59] Road, who has spent the past month working

[12:02] alongside her county staff on a challenge we all share.

[12:05] We have connected with more than 200

[12:07] of our neighbors, families in the path of these lines,

[12:10] to bring them evidence based factual information

[12:13] about what's coming and how we can respond to it.

[12:16] We see ourselves as partners with the board in this

[12:19] and we have tried to do our part.

[12:21] Informing the community and doing research

[12:24] so that you are decision makers have solid evidence

[12:27] based policies to work from.

[12:30] That research is now in your hands.

[12:32] We have delivered two reports and two formal proposals

[12:35] for your consideration.

[12:36] Like in July, we don't want to comment with just objections we

[12:40] want to come with workable solutions modeled

[12:43] on what has actually succeeded in other counties

[12:45] across Virginia.

[12:46] That's why I'm here tonight.

[12:49] Alongside my neighbors from Babbs Mountain Road.

[12:51] We know that you do not have control

[12:54] over the final decisions.

[12:55] That these decisions are made by the SCC.

[12:58] We are not asking you to promise anything you can't deliver.

[13:01] Instead, we are asking you to act on the research

[13:04] and to use what we've learned from other counties

[13:06] and to leverage our, your authorities to influence

[13:10] the siting of electric transmission lines.

[13:13] Specifically we're asking for you to do two things.

[13:16] First, direct the county to draft an electric transmission

[13:20] infrastructure and corridor policy

[13:21] amendment to the Comprehensive Plan

[13:23] to be approved before Valley Link files with the SEC.

[13:27] The timing on this is everything.

[13:30] The comprehensive plan is the primary tool

[13:32] this county has to influence the SCCs decision.

[13:35] And without it, Frederick County has

[13:37] no ground on which to stay in.

[13:40] The second, is to take action on our two proposals.

[13:43] One funds a citizen led advisory group

[13:46] to this board, a team of experts,

[13:49] to build the technical and legal record the county's case

[13:52] will need.

[13:53] At $250,000, the same amount our sister counties have each

[13:57] committed.

[13:58] The other creates by ordinance a standing energy corridor program

[14:02] guided by a citizen led steering committee

[14:04] and reactivates our county's conservation easement authority,

[14:08] which is currently not taking applications.

[14:11] But when leveraged, would help deter and prevent

[14:16] transmission siting through our protected lands for years

[14:19] to come.

[14:20] Other counties acted early and used the tools they already had.

[14:24] And it changed where the lines went.

[14:26] The research on this is clear.

[14:29] Our timing is key.

[14:31] Before Valley Link goes to the SCC.

[14:33] Working together we can do the same for Frederick County.

[14:36] Thank you.

[14:37] >> Thank you.

[14:40] >> Vicki Michaels followed by Wendy Dorsey.

[14:44] >> Mr. Chairman supervisors my name is Vicki Michaels and I

[14:49] live in the Stonewall District.

[14:50] I have to say the Facebook has been busy.

[14:55] With telling us that you all have already

[14:57] decided how you're going to vote on the two pending

[15:00] applications for data centers and it'll

[15:03] be for Twitter's decision and who the bad guys will be.

[15:07] I am choosing not to believe it.

[15:10] Because money can influence a lifestyle, but quality of life

[15:14] equals happiness and you all are intelligent enough

[15:17] to realize that.

[15:18] And most importantly, you are our leaders and men

[15:22] of integrity.

[15:23] My father always told me that integrity

[15:25] is who you are when no one is watching.

[15:28] When you look in the mirror, who you see back

[15:31] is more important than what others see.

[15:33] Webster's dictionary defines integrity

[15:35] as the quality of being honest, complete,

[15:39] and fair in your morals.

[15:41] All that I have was given to me by God,

[15:44] and we are charged to be accountable good stewards.

[15:47] Stewards of honor, good stewards of what we have been given,

[15:51] good stewards of our land and water.

[15:53] Thank you for being transparent honorable men of integrity who

[15:58] are good stewards.

[15:59] I trust that when you vote on the amendment

[16:02] to remove data centers as an allowed use and all

[16:05] of the county's zoning districts,

[16:07] it will be implemented quickly and has

[16:10] been written to ensure no loopholes, specifically

[16:13] in the TM and flex areas Flextech areas.

[16:17] And that it defines what a data center is and then prohibits

[16:21] them.

[16:21] From every zoning district rather than removing them

[16:25] from any mention.

[16:26] Some weeks ago, I asked that you do your due diligence,

[16:30] I'm asking that before either of the two applications previously

[16:34] submitted can be considered any further or voted on.

[16:38] That you have a water study and environmental impact analysis

[16:42] completed.

[16:43] Regarding transmission lines, for the record,

[16:47] a meeting held by invitation only is not a public hearing.

[16:54] [Applause] To quote my favorite fictional character

[16:58] Spock, the needs of the many outweigh the needs of the few.

[17:03] Your constituents have made it clear

[17:06] that the many do not want 220 acres of rural land rezoned

[17:10] to make a few people rich, building a data

[17:14] center at the detriment of Frederick County land water

[17:17] and peace of mind.

[17:19] And for that matter, any data center especially one

[17:22] that is going to be directly across the street from residents

[17:25] at the gateway.

[17:26] A vote in such a manner that you are

[17:29] proud of the man looking back when you look in the mirror.

[17:33] Thank you.

[17:37] [Applause]

[17:38] >> Wimpy Dorsey.

[17:39] Followed by Gary Shepherd.

[17:42] Wendy Dorsey.

[17:45] >> Folks it's exactly why we asked please keep the applause

[17:48] down.

[17:49] Could not hear it and I -- several complaints at the last

[17:53] meeting for the same reason.

[17:55] I appreciate your enthusiasm, I appreciate

[17:58] that you agree with them.

[17:59] But hold the applause please.

[18:01] Give the folks that are speaking some respect to.

[18:04] Thank you Ma'am.

[18:06] What's your name Anna --

[18:10] >> Wendy Dorsey Gainsboro members of the board thank you

[18:12] for the opportunity to speak to you tonight.

[18:14] I'll be clear with you up front so you can be certain where

[18:17] I stand and what I ask of you.

[18:19] I am opposed to any and all data centers and megawatt

[18:22] transmission lines in Frederick County.

[18:24] I'm on the Frederick County Conservation Easement Authority,

[18:28] the mission is to preserve undeveloped land.

[18:31] This has been set up to promote business land

[18:34] owners with their placing their land into conservation easement.

[18:37] We are not a fully functioning authority as we cannot hold any

[18:41] easements without funding.

[18:43] Because of this, anyone in Frederick County

[18:45] who wishes to place property into easement

[18:48] must use private entities such as Potomac Conservancy.

[18:51] Conserved properties using private entities

[18:54] do not have access to government resources and personnel,

[18:57] like the state Attorney General, to utilize

[19:00] when our concerned properties are in jeopardy

[19:03] as they are by Valley link.

[19:05] Our properties have been specifically

[19:07] targeted by Valley Link because they are undeveloped spaces.

[19:10] Help defend the property you have told us you value.

[19:15] Fill the gap that is left because there

[19:18] is no way at present to put our land and conservation

[19:21] easement with Frederick County.

[19:23] I ask that you show you will defend that which you promote.

[19:27] Additionally, for both power lines and data centers,

[19:33] many things were set into motion before information

[19:36] became public.

[19:36] Many of us are concerned that residents and natural resources

[19:40] are not a priority.

[19:42] Not being protected and respected.

[19:44] There is no out of the way place where a data

[19:47] center can be safely put.

[19:49] A data center is not a standalone building,

[19:52] they create a campus of substations, transmission lines,

[19:55] gas turbines and generators.

[19:57] They use huge amounts of energy and water.

[20:01] I spoke to Frederick Water today,

[20:03] and a very rough estimate I was given

[20:05] is that in total, all residential customers

[20:08] in Frederick County use 3.2 million gallons a day.

[20:12] With 18,000 residential connections the math comes up

[20:15] to about 178 gallons per day per connection.

[20:18] The would be developer of the proposed Winchester Technology

[20:22] Park, estimates that even with the closed loop system they will

[20:26] use 10 to 20,000 gallons per day.

[20:28] But have asked Frederick Water to supply them with 120,000

[20:33] gallons per day as a buffer.

[20:36] Frederick Water has agreed to supply this amount and more.

[20:40] If necessary.

[20:42] We here as in a June 17th work session R1 40 minutes,

[20:47] water is not an issue.

[20:49] But a statement one month later said

[20:51] Frederick water is fortunate to have a variety of water sources

[20:54] and Quarry reservoirs but those reservoirs

[20:57] could be depleted quickly under excessive demand.

[21:00] We ask the community to act now to avoid

[21:03] the impacts of severe drought in the future.

[21:06] This is without data centers in the mix.

[21:11] >> Thank you madam.

[21:13] Thank >> Gary Shepherd followed by Elizabeth Aylor.

[21:33] >> Good evening board.

[21:35] Supervisors.

[21:35] And chairman Joel.

[21:37] My name is Gary Shepherd.

[21:39] I have the privilege of being the president

[21:41] of the current battlefield Association.

[21:44] Our battlefield, if you haven't visited,

[21:48] is 355 pristine acres of very early settlement land.

[21:55] In Frederick County.

[21:56] It is also the site of three Civil War battles,

[22:01] and the KB a, 17 members on the board all volunteers,

[22:06] maintain that entire property.

[22:09] Our interest is not only maintaining

[22:13] the property and the mission of teaching history

[22:16] and preserving the history of the battlefield,

[22:21] but also to be a part of the historic community in Frederick

[22:25] County and Winchester.

[22:27] 3/5 of the battlefield is in the county.

[22:31] 2/5 is in the city.

[22:34] So you all have an interest.

[22:37] And one of the interests we have is our view shed, the water,

[22:43] and the electrical use, and the noise that these data

[22:48] centers are going to generate.

[22:50] We understand the need for data centers.

[22:53] Somebodies got to maintain the internet,

[22:56] somebody's got to store the data.

[22:59] There's plenty of other places in Frederick County.

[23:03] Where these data centers can be placed, where they're away

[23:07] from everybody and isolated.

[23:09] You can't put them near residential areas.

[23:12] One thing that keeps getting missed is the noise.

[23:16] And I'm talking about the low frequency noise.

[23:20] The 35 decibel and below.

[23:23] And the data centers keep avoiding this

[23:26] and they don't want to do a study.

[23:29] If you've all followed what happened in Havana Cuba,

[23:33] at our consulate to our embassy people, our State Department

[23:40] people, they all came down with these mysterious ailments

[23:44] of headaches, nervousness, sleep problems.

[23:48] All of the kinds of aches and pains.

[23:54] And this is going to be from low frequency noise being

[23:59] shot at the consulate.

[24:02] That kind of disturbance across from neighborhoods,

[24:07] like where the two are now planned, will be a problem.

[24:11] They also will cause breathing problems

[24:14] with animals, that's a problem.

[24:17] We've got 80 head of cattle, being

[24:19] run on the property as part of funding for the battlefield.

[24:25] That's going to also affect other farms as well.

[24:29] But it's also going to affect the residents that

[24:31] live right across the street.

[24:32] Doesn't matter to me whether they put up 14 foot berms

[24:37] or not.

[24:38] Thank you.

[24:40] >> Elizabeth Taylor followed by Arisa Ostertag.

[24:45] >> Hey y'all Elizabeth Aylor Back Creek.

[24:49] I stand up here again before you to remind you

[24:54] of the precious resources that we have in amongst us

[24:58] in our community.

[24:59] Where such guardians and stewards

[25:01] of this great Shenandoah Valley and the Appalachian Mountains

[25:04] and what privileges we have to be

[25:05] Americans and Virginians here.

[25:08] I work in a global marketplace.

[25:10] Every single thing that is coming down

[25:13] the pipe to us starting with data centers, is an illusion.

[25:17] It's not real.

[25:19] It's rich men selling stuff to other rich men

[25:22] and keeping a divide because it isn't us against us,

[25:26] it's us against them and they're coming.

[25:28] They're coming for our rural lands,

[25:30] they're coming for our water, they're

[25:32] coming for our way of life.

[25:33] Now I took a pledge of allegiance

[25:37] under God in order to be able to be a guardian and a Steward

[25:39] and I will fight to the death for that.

[25:42] I am a patriot.

[25:43] As are you.

[25:44] I am also a historian and I have read

[25:47] so many stories of heroes and American patriots

[25:50] and good men that stand against the tides during hardship

[25:54] and prosperity to protect us.

[25:56] And I believe and I trust in all of you

[25:58] that you will listen to the voices

[26:00] here as community members, as citizens, as neighbors.

[26:04] Our community is not a business.

[26:06] It's our home.

[26:10] What do we do in a world where they come for lightning bugs?

[26:15] That are going to go extinct?

[26:18] Can any money ever replace that?

[26:19] What do we do in a land that they don't value, water itself?

[26:25] Sustenance, life?

[26:27] We have the opportunity to work together in order

[26:31] to create abundance for future generations that

[26:34] could be extraordinary.

[26:35] Things to be proud of.

[26:38] Legacy.

[26:38] Honor.

[26:39] These are the things that we need to invest with.

[26:42] Soulful work together.

[26:44] Community, neighbors helping neighbors,

[26:46] that's how we've always been.

[26:48] That's how our roots run deep.

[26:50] We're all connected, we're all kin in that way.

[26:53] One one is busted up on the side of the highway you stop.

[26:56] If some family member is passing,

[26:59] you hold them in their grief.

[27:01] If a mother needs you to hold their child you do it.

[27:04] Because that's the honorable thing to do.

[27:07] We're sitting here talking about money and money don't have

[27:10] nothing to do with any of this.

[27:12] Nothing.

[27:13] We're better than this.

[27:15] And I'm telling you, there is a storms coming for us.

[27:19] Things you don't even realize.

[27:21] These tech oligarchs and these billionaires are psychopaths.

[27:25] And they don't care about us.

[27:27] They're coming for us.

[27:28] And I'm Warning you.

[27:29] I've been Warning you.

[27:31] Have mercy on us and protect us, be the men that we deserve.

[27:35] Thank you.

[27:36] >> Thank you Ma'am.

[27:38] >> Theresa Ostertag followed by Alexander Ritter.

[27:48] >> Name N --

[27:51] >> Hello my name is Theresa Ostertag.

[27:54] I am from Battle Creek.

[27:58] It's adding words oh my God -- just one second.

[28:03] I want to start by saying this.

[28:07] We have so much to be thankful for.

[28:10] We live in this beautiful county where

[28:12] we are blessed to have our precious people land on water.

[28:15] Because all our very fragile.

[28:17] Kind of like you don't want a fox in a hen house

[28:20] we don't want data centers either.

[28:22] Or gas turbines creating power.

[28:24] They come with a huge cost as well.

[28:26] They cannot be discounted or undone.

[28:28] We have an incredible amount of talent value

[28:31] and worth in the people in this room including you guys.

[28:35] We have to find a way to trust again.

[28:37] But until these things get locked down in policy,

[28:40] but also that you do not include high energy use facilities

[28:43] on the comprehensive plan which include solar, substations,

[28:48] data centers, utility corridors and tech corridors.

[28:51] Putting them in the comprehensive plan

[28:53] is like creating a nest for a bird,

[28:55] a bird will show up if you build it.

[28:56] If you create all the things in this plan

[28:59] our future will always be on the hook.

[29:02] Please honor this survey and the wishes of the people

[29:04] above anything else.

[29:06] Even ahead of the developer inside of you.

[29:09] I'm going to end on this.

[29:12] This is where it added words.

[29:16] Recently in Loudoun County the board member

[29:19] said this is about a data center application.

[29:21] The daycare approves of this application.

[29:24] These businesses approve this application.

[29:26] It is an industrial zone, this location

[29:29] is not in a residential zone, and the developer compromised.

[29:33] These are the words of someone elected that made promises.

[29:36] They aren't keeping.

[29:38] Please don't be them.

[29:39] Thank you.

[29:40] >> Thank you Ma'am.

[29:43] >> Alexander Ritter followed by Paige.

[29:47] >> My name is Alexander Ritter I reside in the Pecan District.

[29:51] I wanted to say that I support the broader

[29:53] goal of this amendment.

[29:55] The ordinance amendment to remove data centers.

[29:57] However if the goal is to prohibit them then

[30:00] we need to ensure that the amendment actually does that.

[30:02] Which as currently written, I do not believe it does.

[30:06] Let's talk about the draft that I read that was sent out

[30:09] on August 7th.

[30:10] The draft deletes the data center definition

[30:13] and removes the room from the use matrix

[30:16] but nowhere is there any mention that data centers

[30:19] are prohibited.

[30:21] Normally, simply removing a use and leaving it unlisted

[30:24] in the ordinance would ban it.

[30:27] But Frederick County is different.

[30:29] Let's take a closer look at why that is.

[30:31] And the use is not provided section was just added

[30:35] to the ordinance on May 13th of this year,

[30:37] it establishes a process for handling unlisted uses that is

[30:41] uses that are not listed in the zoning ordinance.

[30:44] It directs the zoning administrator,

[30:46] who is underneath the planning Director,

[30:49] when a use is not listed to determine the most

[30:53] similar listed use type and to treat the proposed

[30:56] use as the same as that one.

[30:58] And a use as prohibited if the administrator

[31:00] finds it similar to nothing in the ordinance.

[31:03] So if the administrator determines

[31:06] that an applicant comes in and they submit a project

[31:09] and they look at the use and they say oh, it's

[31:12] similar to let's say a warehouse.

[31:14] Which is an existing use type.

[31:16] Then we have a problem.

[31:18] A warehouse is by right and several districts making

[31:21] that project by right by default.

[31:25] Administrative approval without a hearing.

[31:27] No of course you can provide us with a assurances

[31:29] that a project would not be interpreted in such a way.

[31:33] But because it is not written in chapter 165

[31:35] there's nothing binding anyone to those assurances.

[31:38] Additionally the sections on use is not provided,

[31:41] never gives any clear criteria for what a similar use is

[31:44] and the lack of clarity regarding

[31:46] what constitutes a simple use is equally problematic.

[31:50] The ordinance doesn't tell us what

[31:52] makes one similar to another and even if the zoning administrator

[31:55] does not determine a data center project to be

[31:57] similar to any other listed use, an applicant

[32:00] could choose to challenge that determination.

[32:02] The developer could argue that the facility is actually

[32:05] a warehouse or some other existing classification.

[32:08] The question is, what provision of the ordinance

[32:11] prevents that argument from being made.

[32:14] It's important to ask these questions because if you think

[32:16] a developer won't exploit that, well they most certainly will.

[32:19] And even if they didn't the ordinance

[32:21] shouldn't give them the opportunity in the first place.

[32:24] Good zoning law shouldn't depend on everyone agreeing forever

[32:27] about what the drafters intended.

[32:29] It should just say what is and isn't allowed.

[32:31] So if you intend to ban data centers,

[32:34] let's ensure that the amendment accomplishes that.

[32:38] Keep the definition, expanded, keep

[32:41] the data center with every cell empty,

[32:43] that's how it's written in the ordinance.

[32:46] Amend to bar administrative reclassification

[32:49] and applying language stating that data centers are prohibited

[32:53] use.

[32:53] Thank you.

[32:56] [Applause]

[32:56] >> Page followed by Cleo's Trebatius.

[33:00] >> Hi my name is Paige I'm from Gainsboro.

[33:03] I am so tired of having to come here and fight for our county.

[33:08] For the data centers, for the Biolink, everything.

[33:12] I have five kids and I would love

[33:13] to be spending time with them.

[33:16] But on the other side of that I have five kids

[33:18] and my kids see that their mama shows up

[33:20] all the time to fight for the place that they live in.

[33:23] I'm so tired of hearing, we need to run

[33:26] Project County like a business.

[33:28] And respect the people in Frederick

[33:31] us because you guys are businessmen.

[33:33] But when you're using data centers like a payday loan,

[33:36] it doesn't feel like we're running it like business.

[33:39] I live six minutes from this aqueous thing at the triple J.

[33:44] And I'm not even in the little barrier thing

[33:47] invited to the thing, but I will be detrimentally impacted.

[33:50] My five children will be detrimentally impacted.

[33:53] My asthma, their breathing problems coma detrimentally

[33:56] impacted.

[33:57] I understand there's only so much you can do but like we need

[34:01] y'all to stand up in a bold way.

[34:04] To show that you two, respect Frederick County.

[34:09] This is our home.

[34:10] This is our heart this is our community, our village,

[34:13] we want development because it's coming right?

[34:16] We want growth but we want it great.

[34:18] We want it so that our children, my 20 year old my 19 year old,

[34:23] my 119 and six year old can come back and work actual livable

[34:27] jobs.

[34:28] Can be proud of the county that they live in.

[34:31] Can afford the McMansions we see everywhere.

[34:33] Because they work here in Frederick County.

[34:35] I want that for them.

[34:36] I want our schools to be the best.

[34:38] Because that's why Virginia is supposed to be known for.

[34:41] I want all of our stuff.

[34:43] Leslie Spencer famously has said that here on the East Coast

[34:46] Frederick County is one of the last places

[34:47] with actual real dark skies.

[34:49] You can turn off your lights in your house

[34:51] and we have true dark skies.

[34:52] I can see the Milky Way from my back deck in the cold.

[34:55] We need to protect that like our lives depend

[34:58] on it because they do.

[34:59] Like Frederick County is not fire

[35:01] so we don't need to hack everything up

[35:03] and we don't have money and take it to the pawn store.

[35:05] I'm tired of hearing we have plenty of water and then a week

[35:08] and a half later I get a Warning hey conserve your water.

[35:13] In my neighborhood there's a pond that is spring fed

[35:17] and for the last four years I've watched it dry completely out.

[35:20] I live up by North Mountain and I watch people on Frog Hollow

[35:24] come out their wells bottom out.

[35:26] We have a problem already.

[35:28] And it's just going to be exacerbated.

[35:30] Please take care of us.

[35:31] We need you.

[35:35] [Applause]

[35:35] >> Leo followed by Chuck Tinsley.

[35:43] >> Good evening board of Supervisors.

[35:45] My name is Cleo, I'm actually a resident of Winchester City.

[35:51] That data center is.

[35:54] That language needs to be removed, or sorry the language

[35:58] around data centers being removed entirely

[36:00] instead of it being deliberately prohibited,

[36:05] your reasoning for that might be beyond,

[36:08] at least the public understanding as to the why.

[36:13] But as you've heard everyone behind me

[36:16] very passionately express, it needs

[36:18] to be explicitly clear that data centers are not welcome here.

[36:24] Simply removing the words does not

[36:27] mean that data centers are not going to be allowed right?

[36:31] It just opens a Pandora's box for what could be a data center.

[36:36] If the county isn't going to specify specifically.

[36:40] The corporations and special interests

[36:43] will always look for loopholes and ways

[36:45] to extract our resources and exploit our land.

[36:47] The people of Frederick County here tonight

[36:50] do not want to continue to declare time and time again

[36:53] for months now, that they do not want data centers.

[36:57] Your role as supervisors is to represent the interests

[37:00] of your constituents.

[37:01] Not out of state developers or even local developers,

[37:06] if their interests involve just getting money.

[37:12] Right?

[37:15] They can make as much money today

[37:17] and tomorrow, they really are not considering

[37:20] our children's future.

[37:22] Our water, our lands.

[37:24] And the impact that this kind of development

[37:28] will make and exacerbate the current climate crisis as

[37:31] described.

[37:31] So while I may not currently be a resident of Frederick County,

[37:36] I know I am not the only one Chester City

[37:39] resident here tonight.

[37:40] Standing in solidarity and opposition

[37:43] against reckless development, not to mention

[37:46] Valley Link even just thinking about data centers

[37:49] but it is all the same struggle.

[37:52] For our water, our lands, and our lives.

[37:55] Not just our way of life but truly our lives.

[37:59] Data centers in even Loudoun County impact us.

[38:04] So a potential data center that is a mega size 220 acre data

[38:11] center would no doubt have negative impacts

[38:15] for all the people who are surrounded

[38:17] by Frederick County, namely Winchester city residents.

[38:21] So please protect your constituents,

[38:23] protect our environment, and prohibit data centers

[38:27] once and for all.

[38:29] I would like to end my time with a quick quote from Aldo Leopold.

[38:34] Conservation is getting nowhere because it

[38:37] is incompatible with our Abrahamic concept of land.

[38:39] We abuse land because we regard it

[38:41] as a commodity belonging to us, when we see land

[38:44] as a community to which we belong we may begin

[38:46] to love it and respect it.

[38:48] >> Jack Tinsley followed by Terry Flynn.

[38:57] >> Hello everybody.

[38:58] My name is Jack Tinsley Gainsboro.

[39:02] Let me tell you all about West Virginia.

[39:04] West Virginia lost their fights a long time ago,

[39:07] two bills were passed that stripped authority

[39:09] from all the cities, the counties, the local governing

[39:12] bodies, the people themselves.

[39:14] To have any input on the construction and use of data

[39:18] centers and they have confidentiality provisions

[39:20] so their people can't even know what's being built.

[39:23] Because of that the people have had to pay over $250 million

[39:27] in increased taxes and our neighbors

[39:29] here in Berkeley County are going

[39:31] to see three rate increases for electricity in the next 18

[39:35] months, two of which are going to be within the next six

[39:37] months.

[39:38] Do we want to see that happen to us?

[39:41] That's right.

[39:42] And that's why you all have people united

[39:45] across political spectrums and backgrounds

[39:46] because we're fighting the same fight and we have a common enemy

[39:49] and that's the data centers and the transmission line.

[39:52] So I appreciate what the county is signaling cherry juice

[39:56] said that he wants a ban.

[39:57] I appreciate that.

[39:58] The Planning commission voted 10 to 0

[40:01] denying Equus which was beautiful.

[40:03] Gateway withdrew.

[40:04] But that doesn't mean they can't reapply again.

[40:08] Equus is having an invite only bring your ID meeting

[40:12] at the Clearbrook Fire Department on the 25th

[40:14] to intimidate and cajole our neighbors into supporting

[40:17] their plans.

[40:18] We need and demand more than the first step

[40:21] to ban future data centers, we need

[40:23] to demand a rejection of all of them in our county right now

[40:26] today.

[40:27] We've got two live applications at the board

[40:31] can shoot down at any moment.

[40:32] Attorney Fox said that he was scared that we'd get sued.

[40:35] So what?

[40:35] This is America.

[40:37] You can get sued for anything that

[40:39] doesn't mean they're gonna win.

[40:42] They need to prove that they have vested rights, that's

[40:46] saga significant affirmative governmental acts.

[40:49] Plus good faith reliance from the developer.

[40:51] Plus extensive obligations made and substantial expenses

[40:55] paid in diligent pursuit with a 10 to 0 vote on Equus,

[40:59] the withdrawal of gateway there isn't saga

[41:01] there's not even a week saga.

[41:03] Nothing.

[41:04] So what are you afraid of?

[41:06] Barnett.

[41:07] Alike now.

[41:08] Do your job or put people in power that will and believe me

[41:12] there are plenty of people behind me

[41:13] that are already running for U.S. Seats.

[41:15] So we'll see you in November, we'll see you again in a year

[41:19] after that because we're not going away.

[41:21] I have a QR code for folks to see where they're registered

[41:25] to vote if they're registered to vote,

[41:27] how to register to vote so see me outside

[41:29] and I'll tell you what else we're planning

[41:31] to stop these data centers.

[41:33] Thank you.

[41:35] [Applause]

[41:35] >> Terry Flynn followed by Todd Folmsbee.

[41:41] >> Good evening.

[41:42] My name is Terry Flynn, I'm from the Back Creek District.

[41:46] And I agree with all the comments.

[41:49] I just want to bring forth two comments for the transmission

[41:53] lines that I have not heard spoken.

[41:55] As far as the transmission lines go, we live in a valley.

[41:59] Are air quality is stagnant as best

[42:03] and you want to bring in transmission lines that are only

[42:06] going to increase the stagnation, the radiation,

[42:10] and anything else that would come from the lines.

[42:14] And as far as the lines go also they

[42:16] want to take up your forms, your orchards,

[42:19] these are our last hope for clean food.

[42:23] Our last hope.

[42:25] I pray that you will not take it away.

[42:27] And as far as the data centers go, why do we need data centers?

[42:31] What's the purpose of them?

[42:34] We have smart watches, we have computers, we have smartphones,

[42:40] we have smart appliances, we have smart TVs,

[42:43] now we have cars that will dictate

[42:46] or can tell you when you're capable of driving.

[42:49] And from what I have read today, I

[42:52] do believe that coming down the pipe we're

[42:54] going to have grocery carts that are going to take your pulses,

[42:57] your respirations, y?

[43:01] Why do they need all this information?

[43:04] Did we not learn anything from the COVID pandemic?

[43:10] (Indistinct) they made a problem in common with a solution.

[43:16] I pray, this is down the road it may not happen tomorrow

[43:20] it may not happen to years it may not happen in three years.

[43:23] But the writing is on the wall and I

[43:25] pray that you would vote accordingly.

[43:27] Thank you.

[43:30] >> Todd Folmsbee followed by Rebecca Rieger.

[43:33] >> Chairman Board of Supervisors my name is Todd Folmsbee

[43:37] I'm a resident of Frederick County on Quam district I'm here

[43:40] tonight because I have deep reservations about allowing data

[43:43] centers.

[43:43] Development or county because I believe

[43:45] that this board has a responsibility

[43:46] to be the protectors of the people who live here.

[43:49] And I'm asking you tonight to table the vote

[43:51] and take the time to finalize the language.

[43:53] To protect our county.

[43:55] Understand the argument for simply deleting references

[43:58] to data centers sounds like a good thing,

[44:01] but deleting something is not the same as prohibiting it.

[44:04] The distinction matters especially

[44:05] given how the (Indistinct) are written specifically

[44:09] to address the use as not written concern.

[44:11] If the ordinance does not specifically

[44:13] prevent data centers an unlisted use

[44:15] can still be evaluated through a closest comparison process.

[44:19] And that's, if we remove the language that

[44:22] identifies the density while leaving the door open one

[44:24] could come back with something else a warehouse, storage,

[44:27] light industrial use so I'm asking the board

[44:29] to make five specific changes.

[44:31] First one in the referral to the Planning Commission

[44:33] so the commission can fully examine the implications.

[44:36] Second retain and expand the definition of a data center

[44:39] don't delete it.

[44:40] This definition has to stay there the definition matters

[44:43] because the county can't effectively prohibit something

[44:45] that's failed to define.

[44:47] Third write an actual prohibition in plain language.

[44:49] Data centers are not permitted in any zoning district period.

[44:53] Do not simply delete the term.

[44:56] Fourth, please keep the data center row in table six one,

[44:59] and just leave that row empty and empty

[45:01] prohibited use row communicates something very

[45:03] different from making the use disappear potentially

[45:06] allowing it to be treated as an unlisted use.

[45:09] Lastly please close the administrative reclassification

[45:12] pole.

[45:12] I asked you to add explicit language

[45:15] to prevent a data center from being

[45:17] classified as a warehouse storage or any type of event

[45:20] use.

[45:21] You know I would not stand here and tell you

[45:23] every data center is going to cause

[45:25] property values to collapse.

[45:27] Overstate the evidence but research in Northern Virginia

[45:32] negative properties property values in this county will drop

[45:34] and I don't want mine to drop.

[45:36] Energy costs are more concerning Virginians on analysis

[45:39] so that increasing data center demand

[45:41] is going to raise the costs for everyone.

[45:43] We're all going to pay more for power.

[45:44] We're all going to pay more cost will get pushed to taxpayers.

[45:47] This is not about an industrial building someone

[45:50] else properties it's about our electric bills it's

[45:52] about our infrastructure in our neighborhoods,

[45:54] it's about our property values and it's about

[45:56] whether people who live here have

[45:58] meaningful protections before these enormous facilities

[46:00] arrive.

[46:01] We're not asking you to rush, we're asking you to pause

[46:04] to fly and protect.

[46:06] Please table tonight's vote (Indistinct)

[46:09] keep the data center definition in here

[46:12] and write an unmistakable prohibition of the ordinance.

[46:14] Please make the ordinance say what you mean.

[46:17] Most importantly please remember who you represent,

[46:20] the residents of this county or trusting you to protect

[46:23] the place we call home.

[46:24] Thank you.

[46:28] [Applause]

[46:30] >> Rebecca Rieger followed by David Dixon.

[46:34] >> My name is Becky I'm a Gainsboro resident I'm also part

[46:39] of the coalition of neighbors that have shown up here to be

[46:41] a thorn in the side to anybody with valid link.

[46:44] I'm here tonight, last week I went

[46:47] to Loudoun County for the first time in a long time,

[46:49] don't generally go over that side of the mountain.

[46:51] What I saw was surreal and dystopian.

[46:53] Data center after data center, nothing that was the entire view

[46:57] shed that we had.

[46:58] And I thought to myself what does that have

[47:00] to do with Frederick County?

[47:02] What do we want that here for?

[47:03] We do have industry here Sherry.

[47:05] But not like that.

[47:07] Empty warehouses, that's not going to bring employment here

[47:10] to the community.

[47:11] It's not going to bring what we need in the long run.

[47:14] We need long term sustainable growth.

[47:18] So we're watching other counties right now.

[47:22] Fight the same thing.

[47:23] And we're looking at our board and the moves look right.

[47:27] We're going to take data centers off the table.

[47:29] I think it comes in the right direction, but also what

[47:32] about the existing projects?

[47:34] Right now we have Clearbrook going

[47:36] through an invite only meeting as page said.

[47:39] By the crow flies it affects our neighborhood

[47:41] but we're not allowed to go.

[47:43] Is anybody from the board allowed to go?

[47:45] Who is going to be there with the citizens standing up

[47:47] for them?

[47:48] Making sure that their rights and their land is protected?

[47:52] Sometimes to me it feels like we're

[47:55] hedging our bets here so that we make

[47:57] the corporate businesses happy and we make our citizens happy.

[48:01] Last time we were here we talked about the SCC,

[48:04] we were told to send letters.

[48:06] Those letters were essentially trashed.

[48:09] There is no case.

[48:10] So we cannot write them at this point.

[48:12] Why are we being sent on goose chases?

[48:15] If we don't know at the end of the day in business

[48:17] it's okay to say that.

[48:18] I don't know.

[48:19] I'll get the answer for you or we'll figure this out together.

[48:22] That's what I learned in almost 20 years in corporate life.

[48:28] So yeah.

[48:30] With the data centers, like I said it's

[48:34] a step in the right direction.

[48:36] But at the end of the day, we need

[48:37] to do what's best for our community.

[48:39] With Clearbrook it will pay 237,000,000/20 years.

[48:43] That's 4% of our revenue each year.

[48:46] At the end of the day if this bubble burst is it worth it?

[48:50] Will be left the citizens you as well as citizens

[48:53] will be left with a detriment.

[48:55] We don't want to look like Loudoun County.

[48:58] We don't want to look like a dystopian future,

[49:00] we want to look like Frederick County we

[49:02] want to grow and sustainable ways that can make sure

[49:06] that our children, and we have a place to retire and live.

[49:10] The future to come.

[49:11] Thank you.

[49:14] [Applause]

[49:14] >> David Dixon followed by Jennifer Smith.

[49:24] >> My name is David Dixon with the Stonewall District.

[49:26] My first agenda is how Frederick County

[49:28] says they're banning data centers from the counties

[49:30] own nauts who are removing the words data centers not

[49:34] the same as prohibiting them.

[49:36] And it's written into ordinance to ban them.

[49:39] Second last time I spoke, I commented

[49:41] about the extreme level of how the Valley Link Power Line

[49:45] project is affecting the Dixon family farm and many others

[49:49] in the county.

[49:50] How they are trying to run the power lines over

[49:54] top where members of my family are buried in the Dixon Family

[49:57] Cemetery.

[49:58] My family that has passed deserves

[50:01] to be able to rest their souls in peace.

[50:04] Also I have a three year old daughter, and her health

[50:08] and to think about.

[50:11] Is where this cannot happen.

[50:14] All I'm asking is to follow what the Clark County

[50:17] Board of Supervisors are doing for their constituents

[50:19] and follow their protocol.

[50:21] I heard Frederick County has put aside $250,000 towards attorney

[50:26] fees, I'm not sure exactly if that's true or --

[50:31] Clark County is at 750,000.

[50:33] Lastly with the studies being conducted

[50:35] with the mining for the Quarry, the property of the Quarry,

[50:39] that is supposed to be a buffer zone tax mapped by the 30

[50:42] for a ten C beside my property 451 Grace Church Road

[50:47] in Clearbrook a buffer zone for its entirety.

[50:50] I would hope the survey of route 11 with the mountains

[50:54] and mounds of dirt will be a lesson learned

[50:57] as the wild buffer zones are so important.

[51:00] Also I disagree there needs to be no noise

[51:04] ordinance for our farm animals.

[51:05] Like what was mentioned of another meeting,

[51:09] I don't know if that was a joke or what.

[51:11] But we don't want a Loudoun County Frederick County.

[51:15] >> Thank you.

[51:17] >> Jennifer Smith followed by Kurt Kreuger.

[51:27] >> My name is Jennifer Smith I'm from Stonewall.

[51:29] So the data center that you guys are potentially

[51:33] going to be voting on is in my backyard.

[51:37] I had the wonderful opportunity of going to Loudoun County

[51:41] this weekend and drive down Loudoun County Parkway.

[51:44] And see all their fantastic data centers.

[51:47] And they're still building.

[51:49] I can't, all the way up to Dallas Town Center from Loudoun

[51:55] County Ashburn is data centers.

[51:57] And their massive.

[51:59] Their huge.

[52:00] And they are probably as tall as some hotels.

[52:04] Massive fenced, and in the news we continually see

[52:09] those neighbors or people in the community complaining

[52:12] about the smog and the generators and the smoke

[52:16] that it is bringing, the noise and everything else that

[52:19] comes with it.

[52:20] My concern is and everybody's bringing up

[52:23] that you guys are going to vote to remove data centers.

[52:28] They're saying good fences make good neighbors is

[52:31] very big in this situation.

[52:34] Clear boundaries of what we will and will not allow is important.

[52:38] That's how companies don't sneak in.

[52:41] Corporations have a huge history of coming into rural communities

[52:46] and abusing them.

[52:49] They come in, they see land, they

[52:52] see people who can't afford to fight them,

[52:54] and they use that in their favor.

[52:56] Because they know that they can take advantage of it.

[52:59] They strip their resources, and they

[53:02] leave these rural communities behind without jobs,

[53:05] with all the environmental dumping, and all the health

[53:10] problems that come with this.

[53:11] And they walk away.

[53:13] They are not held accountable, nobody thinks about it.

[53:16] And a few people in the county get

[53:18] rich while most of the people suffer for it.

[53:21] You guys are elected officials.

[53:24] You are elected to represent us.

[53:27] Those businesses are not electing you.

[53:29] They're out of state, they are out up in Washington,

[53:33] they're spending millions of dollars

[53:34] to lobby to take our rights and our votes away from us.

[53:38] To get what they want.

[53:40] You need to set strict boundaries, strong fences,

[53:44] that benefit your community.

[53:46] The people you represent, that is what you are here for.

[53:49] We are your community.

[53:51] Our investment, our lives, our future,

[53:55] that's what's important to you and you

[53:56] need to reflect that, when you make decisions.

[53:59] That is not an option.

[54:01] That is what you are elected to do.

[54:03] That is your oath.

[54:04] And you should stand behind that and stand up

[54:07] for what you're supposed to be here for.

[54:08] And that is us.

[54:10] Thank you.

[54:14] >> Kurt Krieger followed by Blaine Dunn.

[54:21] >> Members of the board chair Joel.

[54:23] My name is Kurt Krieger I live in the Back Creek

[54:26] magisterial district.

[54:27] This evening I speak for myself without compensation

[54:30] from anyone.

[54:31] I'd like to speak in favor of agenda item

[54:35] 13 C referral to the Planning Commission

[54:37] which you will then hear back in another public hearing.

[54:41] Removing data centers as an allowable use.

[54:45] Smart girl with America a well known national organization

[54:48] in April 2026 published a story called

[54:51] Data Centers Are Here and more are coming our zoning

[54:55] is not ready.

[54:56] In the article they conclude unlike traditional industrial

[55:00] uses data centers generate very few jobs relative to their size,

[55:04] require enormous amounts of electricity,

[55:07] and significant quantities of water

[55:09] they may look like warehouses but they function more

[55:13] like major pieces of energy infrastructure.

[55:16] So let's talk about data for a minute.

[55:19] Energy infrastructure includes things

[55:20] like nuclear power plants.

[55:22] So we should be looking at them in the same light.

[55:25] My only question is why are you slow

[55:28] walking this code amendment?

[55:29] It's been three months since the county attorney

[55:32] originally pro offered your choices.

[55:35] And that was May 13th I believe.

[55:38] So here it is now well into August.

[55:40] Action is necessary.

[55:43] Public health safety and welfare requires all hands on deck,

[55:47] no delays are warranted in a concerted effort is required,

[55:50] to act responsibly to remove data centers from the County

[55:55] code.

[55:55] Speaking of acting responsibly, members

[55:57] of the Board and Planning Commission county staff

[56:00] have a duty to represent the public interest.

[56:04] Not their personal private or business interests.

[56:07] During your joint work session July 23rd,

[56:09] during the breakout sessions I was shocked when the Vice Chair

[56:13] of the Planning Commission Roger Thomas the most senior member

[56:17] of the Planning Commission, offered his opinion that

[56:20] the McDonald farm in the Back Creek District Carson Lane

[56:24] Heights Road is a great place for a data center because quote,

[56:28] it's surrounded by solar fields and junkyard and a substation.

[56:32] Notwithstanding that the farm is miles away from the water

[56:37] service area, miles outside of the urban development area,

[56:41] and three miles west of I 81, according

[56:44] to the adopted policies and plans you put into place,

[56:48] it is inconsistent and incompatible

[56:50] for development as a data center.

[56:52] Moreover the solar field junkyards and substations all

[56:55] are exist with the approval of the county

[56:58] or the aqueous and so the county.

[57:00] So you created the instance the circumstance the environment

[57:04] and then it's being used as a cudgel against people.

[57:07] The enrichment of one land owner at the expense of many

[57:10] is not securing the public interest responsibly.

[57:13] I urge you to put an end to the 15 month

[57:16] saga of leading the McDonald's on and taking data centers out

[57:20] of the code.

[57:20] I would further suggest that other pieces

[57:23] of energy infrastructure also be removed from a thank you.

[57:27] >> Blaine Dunn followed by Pete Soloski.

[57:42] >> My name is Blaine (Indistinct) those opposed

[57:47] to data centers have raised the following issues.

[57:50] Water, power, save the view, budget issues,

[57:54] National security.

[57:56] The board has the ability to allow

[57:57] for data centers in Frederick County address

[58:00] the concerns of those close to data centers.

[58:03] Water, you have two firms that have more than $300,000

[58:06] or gallons per day everybody else in this county businesses

[58:09] needs 100,000 or less the proposal here is in the $100,000

[58:13] range.

[58:14] If water becomes an issue then want to state any other business

[58:18] you can't come here because of water?

[58:20] There are alternatives to water including

[58:22] glycol dielectric and others.

[58:24] You can build a data center with alternatives to water.

[58:28] Power.

[58:29] Electric grid right now has to be improved.

[58:32] Data centers are not electrical grids

[58:35] are likely to rise to deal with that improvement.

[58:37] You can also build a data center next to a substation that

[58:41] require the data center to go and pay

[58:44] for true cost that does not pass the cost on to the consumers.

[58:47] So that's an option to address that issue.

[58:50] Save the view.

[58:51] Redbud used to be farms.

[58:54] It is now houses.

[58:56] Stephens City used to be houses.

[58:58] Or used to be farms not houses.

[59:00] High road and Marble Road or apple orchards that are now

[59:05] houses.

[59:05] I don't remember a whole lot of people

[59:07] saying save the view when those houses were being brought up.

[59:10] Budget issues.

[59:12] With the proposed data center a year ago

[59:15] would raise about $50 million per year

[59:18] over plenty of time frame for a simpler budget,

[59:21] a similar data center in the northern part

[59:23] of the county near substation would also

[59:25] raise a similar amount so you're talking about $100 million.

[59:27] Two years ago your residential bill state tax revenue

[59:30] was about 89.6 this year it's a little bit more

[59:33] than $90 million.

[59:35] It's a way (Indistinct) address budget issues.

[59:39] The county is expected to $250 million of new budget request

[59:42] how do you pay for that?

[59:43] In tax fees real estate increases that's a fair policy

[59:47] question that you want to consider.

[59:49] The land use for two data centers.

[59:52] Would be less than one half of 1% if you had two square miles

[59:55] that's county about 416mi² of land two data centers cost them

[1:00:01] less than one half of 1%.

[1:00:02] There's also a national security issue.

[1:00:04] Data centers are good for business

[1:00:06] you see the comments that China would like to encourage people

[1:00:08] not to have data centers.

[1:00:10] So consider that in the options that you're dealing with.

[1:00:14] The board can go and profit solutions to issues everyone

[1:00:18] here has raised including the noise issue.

[1:00:20] And come to a conclusion that benefits

[1:00:22] Frederick County with the revenue

[1:00:23] and benefits the concerns of the people behind me.

[1:00:26] I'd encourage you to allow data centers (Indistinct)

[1:00:30] and then benefit everyone.

[1:00:33] Thank you.

[1:00:39] >> Peter Orlovsky -- followed by Elaine Goldfeder.

[1:00:49] >> Folks.

[1:00:50] Folks.

[1:00:50] Everyone has a right to speak.

[1:00:53] You may not agree with it, you may not like it,

[1:00:56] but everybody has a right to speak.

[1:00:58] So I said this earlier I'm going to say it again.

[1:01:00] Show respect to the speakers please.

[1:01:05] >> Hi thank you board.

[1:01:06] My name is Pete Kukowski I reside in Battle Creek.

[1:01:10] And today I'd like to speak about data centers.

[1:01:13] Now 15 months ago or so, residents

[1:01:18] in my neighborhood which is across from the McDonald

[1:01:22] farm or I received a postcard and our lives changed.

[1:01:25] We are told that a hyper data center was being proposed right

[1:01:30] across the street.

[1:01:31] And going to the subsequent board meeting

[1:01:35] we were told that we shouldn't use emotion, we should use data.

[1:01:38] And as a person that's kind of a data geek,

[1:01:41] I kind of dived into things like water and looking at power.

[1:01:45] But as time evolved it became very clear that it isn't just

[1:01:49] so much water and power.

[1:01:51] It's the environmental condition, it's about community.

[1:01:55] Our neighborhood has lost residents just because of,

[1:02:00] they couldn't, didn't want to deal

[1:02:02] with the stress of living across the potential of a data center.

[1:02:05] And that's not right.

[1:02:07] I mean there is so much that we were building in Frederick

[1:02:15] County in terms of community.

[1:02:17] Our neighborhood was becoming a special neighborhood.

[1:02:19] And with people leaving because they just

[1:02:22] don't want to deal with that stress, that's not correct.

[1:02:26] So we need the protection of that.

[1:02:29] And when the board announced last month

[1:02:32] or so that they were going to put this resolution in place,

[1:02:35] everyone breathed a sigh of relief.

[1:02:37] Said okay maybe we're not going to lose

[1:02:41] our major investment because houses are our major investment.

[1:02:45] Maybe our life isn't going to change.

[1:02:47] But even as much as this month, we

[1:02:51] have seen videos of county officials saying

[1:02:55] that the McDonald farm is an ideal place for a data center

[1:03:01] and it causes us to wonder, what is going on?

[1:03:04] My request for this board is to come out

[1:03:07] clearly and say what you mean in terms of data centers.

[1:03:11] Are you going to ban them or are you going to,

[1:03:14] or are you going to put in something that we're

[1:03:17] going to be living year and year and year

[1:03:21] afterwards until finally somebody puts one in

[1:03:24] or everybody moves out because we can't

[1:03:27] deal with the stress anymore can I we need to have this resolved.

[1:03:31] The quality of life of everyone that's

[1:03:34] living by a data center and everyone in the county

[1:03:36] needs to be protected and appreciate that antifungal.

[1:03:41] Thank you.

[1:03:42] Appreciate double appreciate that answer from this board?

[1:03:47] Thank you.

[1:03:50] >> Elaine Goldbetter.

[1:04:03] >> Good evening everyone my name is Alan Goldberg and I live

[1:04:06] in Battle Creek district.

[1:04:09] I'm here to speak about the impact of the large data

[1:04:13] centers in our community.

[1:04:15] While they support modern technology

[1:04:17] it also brings serious concerns including high electricity

[1:04:21] use, that constrain our power grid and raise energy costs.

[1:04:26] Many also use huge amounts of water especially concerning

[1:04:29] during drought conditions permit (Indistinct) increased traffic

[1:04:34] noise and air pollution.

[1:04:36] Before approving more data centers

[1:04:38] we must put our community first.

[1:04:40] Strong limits on water and energy use.

[1:04:43] Protections to prevent higher utility costs for residents.

[1:04:47] Communities should also be responsible for any add ons

[1:04:50] to roads infrastructure.

[1:04:52] Technology is important but (Indistinct)

[1:04:56] quality of life and health.

[1:04:58] Therefore I urge the board to prohibit data centers

[1:05:00] in Frederick County from only to approve (Indistinct) protect

[1:05:06] our community today and in future generations.

[1:05:09] >> Mr. Chairman that's the end of the list.

[1:05:12] Chairman Jewell: Okay if there's anyone

[1:05:15] that would like to come up and speak hang on just wait come

[1:05:17] on if there's anyone that would like to come up and speak what I

[1:05:19] would like for folks to do is to line come on first one

[1:05:22] to come up to speak and the other ones line up by the poll

[1:05:24] so that we can go through this.

[1:05:26] Name magisterial district three minutes please.

[1:05:28] Yes Ma'am.

[1:05:30] Come on up.

[1:05:42] >> My name is Penny Smith.

[1:05:44] I'm from the Pekin district.

[1:05:47] I had not planned to speak but sitting here a couple

[1:05:51] things came to me.

[1:05:52] So I don't have a lot of words.

[1:05:57] I have a couple statements and a couple questions.

[1:06:02] I'm wondering what you gentlemen and said

[1:06:06] respectfully come on gentlemen come on I'm

[1:06:09] wondering what you plan to do about the brown water.

[1:06:15] See we're not in five years ago or even three come on we're here

[1:06:21] today , AOC the congresswoman went to Georgia

[1:06:28] and the community was very sick.

[1:06:31] And she brought back two jugs of brown water

[1:06:34] and she held them up.

[1:06:42] I ache for those people.

[1:06:47] Everyone in this room, two, we come with our own bias.

[1:06:55] We come with our own background.

[1:06:57] We come with our own perspective.

[1:06:59] And there's nothing wrong with that.

[1:07:02] I remember at work taking a class, recognize your biases.

[1:07:07] You don't get rid of them you recognize them.

[1:07:09] I see I've taken more time so let me move faster.

[1:07:13] What do you do with when I go to Loudoun County I can't breathe

[1:07:20] and the sky is always gray?

[1:07:22] What do we do about the Havana syndrome?

[1:07:29] I brought that up to you before, I remember.

[1:07:33] That was at Lake Frederick.

[1:07:35] And we're hearing that more and more.

[1:07:38] What do we do with the knowledge we have today that we

[1:07:42] didn't have 3 or 4 years ago?

[1:07:45] You can never say, after you vote,

[1:07:51] that you didn't know because you do know.

[1:07:54] Whether it benefits you financially,

[1:07:57] or professionally, you know what will happen.

[1:08:01] You know how the community feels.

[1:08:05] And I do respect your authority, your elected position that you

[1:08:11] represent us, I cannot vote, that's your prerogative.

[1:08:17] That's your privilege.

[1:08:19] So I bless you and maybe this is really really arrogant,

[1:08:23] but okay we're worried about the drought

[1:08:25] and now we've had all this rain, God said to me a month ago

[1:08:29] where are you?

[1:08:30] Where are your prayers for rain?

[1:08:32] And I've been asking him for an inch a week.

[1:08:35] I pray over this community.

[1:08:37] I pray over you.

[1:08:41] >> Thank you Ma'am.

[1:08:44] [Applause]

[1:08:49] >> Good evening thank you for allowing me to speak my name is

[1:08:51] Leslie Spencer Gainsboro and I'm having a resource meeting

[1:08:54] to help fight Valley link north at Bowman Library on August 17th

[1:08:58] in September 1st from 4 to 730.

[1:09:01] And I have a bookmark on how to save farmlands

[1:09:04] and you can ask me for it tonight and, by the way

[1:09:08] all of you and all of you behind me.

[1:09:10] Are doing one of the biggest actions

[1:09:13] by being here tonight so thank you.

[1:09:15] Then God bless you and God bless Frederick County.

[1:09:18] I strongly support removing data centers as a use,

[1:09:21] thank you so much for listening.

[1:09:23] But I think that tonight also gives us

[1:09:25] an opportunity to talk and define

[1:09:28] about what we want instead.

[1:09:29] Maybe as supervisor comments.

[1:09:31] Our survey was remarkable.

[1:09:33] Agriculture and agribusiness small and local businesses,

[1:09:37] and tourism were overwhelmingly supported.

[1:09:40] Data centers and technology infrastructure received as 4%.

[1:09:44] Manufacturing logistics was also really low.

[1:09:47] We do want economic development but maybe

[1:09:49] it's way more sustainable and requires less water

[1:09:52] and electricity than we think.

[1:09:54] Maybe we don't need to expand this plaza

[1:09:57] and the UTA maybe we can study Agritourism and a small business

[1:10:01] economy as long as we studied and talked about data centers.

[1:10:05] That could support us.

[1:10:07] The small business and agritourism.

[1:10:09] Maybe we have trade offs or we have to pay a few more cents.

[1:10:13] On our taxes.

[1:10:15] If we don't want more industrial and high energy use.

[1:10:18] Let's offer our people a choice.

[1:10:21] And I think that is why we need to look carefully

[1:10:24] at pillar for our targeted industry strategy.

[1:10:28] Sorry.

[1:10:30] Targeted industries are super important,

[1:10:31] when a future project asks for zoning infrastructure or changes

[1:10:35] to our development boundaries, we hear this,

[1:10:37] this is an industry Frederick County said it wanted.

[1:10:40] This is also set up what our Ada director does

[1:10:43] and also how land is often unfortunately

[1:10:46] land banked and assembled.

[1:10:48] Sitting on parcels that could offer many more high wage

[1:10:52] jobs other than a data center.

[1:10:54] Will be our own words we have to be incredibly careful with them.

[1:10:58] We need to make sure that every policy we

[1:11:01] write points towards the future we actually want.

[1:11:04] I understand he split off tourism from the Ada

[1:11:07] but we need to add it into our targeted industry.

[1:11:10] If we mean aerospace headquarters

[1:11:13] healthcare research let's say that clearly.

[1:11:15] Let's study what it would take to build the economy as citizens

[1:11:19] described for us carefully as any other.

[1:11:22] If there are trade offs, let's understand them honestly.

[1:11:25] Thank you very much.

[1:11:26] >> Thank you.

[1:11:30] [Applause]

[1:11:31] >> Thank you Mr. Chairman members of the board supervisors

[1:11:35] my name is Billy (Indistinct) it's about 8:00 right now

[1:11:39] and my daughter's back home being put to bed and I'd rather

[1:11:42] be there with her reading a book giving her a snack and helping

[1:11:45] her go to bed.

[1:11:46] Why are we here again?

[1:11:48] Despite every meeting over 95% of people

[1:11:50] speak in opposition to having data centers

[1:11:54] really unrestricted data centers here in the county.

[1:11:57] Because we don't know where you as a board stand.

[1:11:59] We don't.

[1:12:01] Supervisor Wells has come out with a strong statement.

[1:12:05] And former Supervisor Dunn has come out.

[1:12:07] Most of the rest of you will not tell us where you stand.

[1:12:09] Do you support them?

[1:12:11] Do you oppose them?

[1:12:12] Do you support them with certain conditions?

[1:12:14] We don't know and in that face come on this community

[1:12:18] is frustrated, is overwhelmed, doesn't know what to think

[1:12:22] and what you're going to do.

[1:12:24] And that's why every single time we

[1:12:25] have to come out here and speak over and over and over.

[1:12:28] So when you go to vote on this motion,

[1:12:32] please tell us where you actually stand.

[1:12:34] I mean I've seen some of y'all on Facebook mocking people who

[1:12:38] oppose data centers.

[1:12:39] I've seen one of you has come up to me multiple times calling me

[1:12:43] out for opposing data centers but didn't want to refuse

[1:12:46] to meet with me afterwards.

[1:12:48] But what we have not seen is clear statements from the board

[1:12:51] members on where you stand.

[1:12:53] Three of you are up for election,

[1:12:54] this is a clear issue the community stands about.

[1:12:56] We should have a policy paper from you all or paragraph

[1:12:59] or some kind of position statement

[1:13:01] on where do you stand if you're running for election this year?

[1:13:04] On this issue?

[1:13:05] It's probably the issue in the community

[1:13:08] that at least turns out the most people on a regular basis.

[1:13:11] So we should know where you stand.

[1:13:12] So when you go to this vote on this issue,

[1:13:16] please don't just vote it through silently

[1:13:17] like I've seen numerous motions.

[1:13:19] But take this as an opportunity to tell us where

[1:13:22] do you stand on data centers?

[1:13:23] Or still have two more proposals in the pipeline.

[1:13:27] We want to actually after, I mean this discussion has

[1:13:31] been going on since last April.

[1:13:33] So we're pushing a year and a half now this discussion.

[1:13:36] It's not too much to ask to know where each one of you

[1:13:39] stands by this point in terms of what your framework, what

[1:13:42] your parameter is, where you would address these issues.

[1:13:45] Please tell us tonight.

[1:13:47] Thank you.

[1:13:49] [Applause]

[1:13:53] >> Hello my name is Eliza Lathrop.

[1:13:56] I reside in the Redbud District.

[1:13:58] I moved here last year from Hagerstown Maryland

[1:14:01] which has turned into an Amazon warehouse hellhole.

[1:14:04] I moved here for nature, I moved here for a better job,

[1:14:09] I moved here for better pay, and I wound up

[1:14:12] into another hellhole.

[1:14:13] Data centers are a national security threat.

[1:14:18] They are threats to water pollution, and drought,

[1:14:21] they are problems to air pollution, noise pollution,

[1:14:25] health impacts, environmental impacts, sinkholes,

[1:14:28] impact on animals, insects, pollinators, things

[1:14:32] that keep us alive.

[1:14:34] These are not made up issues.

[1:14:35] These are some of the main impacts that are happening

[1:14:38] across the United States.

[1:14:40] And will indeed affect us if you allow data centers

[1:14:43] into this area.

[1:14:44] There will be no city left to govern.

[1:14:48] Data centers are routinely built in clusters,

[1:14:51] look at Loudoun County as all the people in this building

[1:14:54] have said.

[1:14:55] Loudoun County is the prime example where there is one,

[1:14:58] there will be many.

[1:14:59] And if we open the door to a single center,

[1:15:02] we will be completely unable to stop them from making more.

[1:15:06] Multiple sources state that 70% of the entire world

[1:15:10] internet, not just the United States the entire world's

[1:15:14] internet runs through Loudoun County.

[1:15:16] Think about the impacts of that.

[1:15:18] Think about the danger that poses to all of us living here

[1:15:22] to banks, to hospitals, to residents,

[1:15:25] in the national security threat.

[1:15:27] Think about if someone decided to attack Loudoun County.

[1:15:30] What would that do to the entire world?

[1:15:32] And that could be a Super Mac cities are giving --

[1:15:37] and that could be us.

[1:15:39] Cities are giving away billions of dollars of tax cuts

[1:15:42] to these data centers and billionaire companies.

[1:15:44] They are proposed profits, the proposed profits

[1:15:47] from these centers is not a solution to our problems.

[1:15:49] They will do very little for us and what will there be left?

[1:15:54] We are in a drought.

[1:15:56] We are told to ration our water.

[1:15:59] Climate change is already creating massive issues.

[1:16:02] And I have been to most of the data centers in this area.

[1:16:06] And I have not once heard a single mention

[1:16:09] of who will be in these places.

[1:16:11] Who will be in these centers.

[1:16:13] Running them.

[1:16:14] Will it be Amazon?

[1:16:15] Will it be anything else?

[1:16:16] We don't know.

[1:16:17] And it could change.

[1:16:20] You all as city Council members, are

[1:16:23] required to reside in the area that you govern.

[1:16:26] So let me ask you this.

[1:16:28] Will you be required to stay here

[1:16:31] when the water is yellow mud?

[1:16:33] And you can't shower or bathe?

[1:16:35] When the air is gray and smog?

[1:16:38] When all the plants and pollinators are dead?

[1:16:41] And you can't eat the food that we grow?

[1:16:43] And we can't even grow food?

[1:16:45] When the ground falls apart from sinkholes?

[1:16:47] When you can't ever enjoy a peaceful sunrise or sunset

[1:16:51] in the Shenandoah Valley.

[1:16:53] Because you live here.

[1:16:58] [Timer chimes] You'll be held personally responsible.

[1:17:02] [Applause]

[1:17:06] >> Hello.

[1:17:06] Hi I'm Sharon Plummer and Battle Creek district.

[1:17:09] And just really quick.

[1:17:11] I don't know if you guys ever saw

[1:17:14] Erin Brockovich big movie about people fighting back

[1:17:18] for the rights.

[1:17:19] I have gone to several of these meetings as have my neighbors.

[1:17:22] And I've been taking notes and documenting people's stories.

[1:17:26] And I have started to documentary about this scenario.

[1:17:29] And I do have friends in Hollywood and at Amazon.

[1:17:33] And so I just want to let you guys

[1:17:35] know that I am creating a film about this.

[1:17:38] And if your kids and grandkids are going to watch it

[1:17:40] you might want to think about whether you're

[1:17:42] a villain or a good guy, are you going to save the day

[1:17:45] or help the people?

[1:17:47] [Laughter] So anyway I love seeing the due process and I

[1:17:50] appreciate everybody listening to everybody's opinions.

[1:17:53] Because this is America and we're

[1:17:55] allowed to have different opinions.

[1:17:56] Even the guy who disagrees.

[1:17:58] Everyone should be able to express their opinion

[1:18:00] but I am documenting this my name is

[1:18:02] Sharon Plummer so you'll see me around

[1:18:04] with my camera and my video.

[1:18:06] And I'll let you guys know how it goes.

[1:18:09] Thanks.

[1:18:14] [Applause]

[1:18:19] >> Hello Steve Caracciolo just confirmed on the line here that

[1:18:22] I'm in Battle Creek.

[1:18:23] So I didn't plan to speak this evening I've only actually

[1:18:26] been to one other meeting this was only brought to my attention

[1:18:28] earlier this year that data centers were even on the agenda.

[1:18:31] Or possibility to be built in Frederick County.

[1:18:34] There's a lot of data supporting why

[1:18:37] I think these are a bad idea people have spoken about it

[1:18:39] people are probably more informed

[1:18:41] than I am so I don't necessarily need

[1:18:42] to opine on that any further.

[1:18:44] I figured I would just kind of tell you guys

[1:18:46] a little bit about me and I feel like I speak on behalf

[1:18:48] of a lot of the folks here.

[1:18:49] I don't know nothing about any of y'all.

[1:18:52] But the only other time I was in this building

[1:18:54] was when I got my marriage certificate with my wife.

[1:18:57] She's from here.

[1:18:59] She grew up here.

[1:19:00] I fell in love with her, I moved out

[1:19:02] here I fell in love with the city and this county.

[1:19:04] It's a beautiful place.

[1:19:06] With beautiful people.

[1:19:07] And I don't want to see that ruined and changed frankly.

[1:19:10] I think that these data centers are more than buildings,

[1:19:13] I think they bring about a lot of change that

[1:19:15] changes people and their personalities

[1:19:17] and their outlook on life.

[1:19:19] We started this meeting this evening with a prayer

[1:19:21] and I think that's very important.

[1:19:23] I've seen God work in and through people including myself.

[1:19:26] I hope that he does the same with all of you.

[1:19:29] And you do the right thing.

[1:19:31] The responsible thing.

[1:19:32] I don't feel I need to remind you

[1:19:35] but maybe I do that you all work for us.

[1:19:37] And I think one of the gentlemen who

[1:19:39] spoke tonight said that if we find out

[1:19:42] people are not working for us we will

[1:19:44] take efforts to change that.

[1:19:45] I don't vote but I will on this topic I'm ten toes down on this

[1:19:48] and I think most of the people in this room are.

[1:19:50] So thank you.

[1:19:55] [Applause]

[1:19:59] >> My name is John Boyles and I have no idea what district

[1:20:02] I'm in.

[1:20:03] I work on Minecraft Road.

[1:20:05] Warm Springs Road.

[1:20:07] Sorry I used to live on (Indistinct).

[1:20:11] I'm an electrical engineer.

[1:20:13] Okay that's what I've done my life.

[1:20:16] And I just want to make a few comments,

[1:20:19] first of all data centers are very inefficient things.

[1:20:23] And so they're technology is going to be obsolete really

[1:20:29] soon.

[1:20:30] Think about it.

[1:20:31] How many of you have a ten year old laptop?

[1:20:33] Or a ten year old cell phone?

[1:20:35] So the kind of technologies that are used in these data centers

[1:20:39] are just churning up electricity and generating heat

[1:20:44] and what are we getting from these things?

[1:20:47] Well it's a big one in Houston that does Bitcoin mining.

[1:20:53] There is no implicit intrinsic value in Bitcoin.

[1:20:59] Online storage of stuff, Microsoft

[1:21:02] we all know has gone to the cloud and everyone's

[1:21:05] gone onto the cloud and the Internet of things.

[1:21:07] But we used to put our files on an external hard drive.

[1:21:13] Still could do that.

[1:21:15] Artificial intelligence to replace

[1:21:17] artists that write music, to replace movie makers,

[1:21:21] to replace actors, to replace marketing jobs, advertising,

[1:21:26] professionals, lots of other jobs.

[1:21:30] Why are we doing this as a nation?

[1:21:33] Really?

[1:21:34] We do have a world wide web but we don't have a worldwide power

[1:21:38] grid and so the problem is, if you

[1:21:42] have a big sucking sound of power somewhere let's say Aspen.

[1:21:48] Then it produces a scarcity.

[1:21:52] And so what you have to do is get a far away power plant

[1:21:57] in West Virginia, 260 miles of transmission line

[1:22:01] to an intersection hub up in Maryland

[1:22:03] so that energy that's being sucked out

[1:22:06] by this data centers in Ashburn doesn't cause everyone's prices

[1:22:11] to go up.

[1:22:13] Along the power grid.

[1:22:15] And that is exactly what it seems to be happening.

[1:22:21] And so the problem is we can't just get rid of data

[1:22:24] centers here, and I applaud the efforts to do that.

[1:22:28] We have a statewide problem.

[1:22:30] We have really an east Coast problem.

[1:22:33] Now solving it, could start here.

[1:22:38] You folks are in politics, you are

[1:22:40] part of the political system, and it

[1:22:44] takes leadership and a stand to say

[1:22:48] we're going to start providing an example of others to follow.

[1:22:56] Thank you.

[1:23:00] [Applause]

[1:23:03] >> Okay.

[1:23:04] We've got no lines down so I'm going to close these citizens

[1:23:07] comments.

[1:23:08] Board of Supervisors Next things up is consent agenda.

[1:23:12] How would you like to handle this?

[1:23:16] >> (Indistinct) accept the consent agenda as approved.

[1:23:20] Chairman Jewell: All right we have a motion and a second

[1:23:23] that's required for roll call.

[1:23:25] Supervisor Rhodes.

[1:23:28] >> Aye.

[1:23:31] [Members voting aye]

[1:23:35] and the chair votes I. All right good on the consent agenda.

[1:23:40] Thank you.

[1:23:41] Next item up is Board of Supervisors comments.

[1:23:46] Do we have any?

[1:23:48] Looking both ways supervisor Evans.

[1:23:52] >> I've got three and I'll do my best to keep it brief.

[1:23:56] One is to the program the subcommittee meet. (Indistinct)

[1:24:02] do what came out of that committee to go over to the DRC

[1:24:06] and get things rolling (Indistinct)

[1:24:10] so if anyone would like to.

[1:24:14] I don't know.

[1:24:15] Should I do a vote or just consensus?

[1:24:18] Is everybody on board with that?

[1:24:21] DRC and get moving?

[1:24:23] Chairman Jewell: We got a motion we got a second everybody agree

[1:24:26] all those in favor say aye.

[1:24:28] Anybody opposed?

[1:24:29] Moving forward.

[1:24:31] Thank you.

[1:24:32] >> Second thing is about six months ago we talked about

[1:24:36] battery storage by the substations.

[1:24:38] The protections against brownouts blackouts.

[1:24:43] Water this year for the first time this year.

[1:24:47] We've been asked to occasions about the power company

[1:24:49] to disconnect our water plants and sewer plants from the grid.

[1:24:54] Because system was overloaded.

[1:24:56] The first time was a winner ended up not occurring

[1:25:00] but then several weeks ago the summer we had those hot days.

[1:25:04] We actually shut off the grid and fired up our generators

[1:25:07] around those plants over the weekend.

[1:25:09] So I think it's important we get this battery storage going

[1:25:13] people going to start seeing brownouts and blackouts.

[1:25:15] And if it's something where people don't want battery

[1:25:18] storage come on that's fine.

[1:25:20] Just don't call me when (Indistinct)

[1:25:23] blackouts because I'm trying to figure out a way to stop it.

[1:25:27] Last thing, the gentleman brought up the electrical order

[1:25:31] story and Comp plan, I don't know if there's time to do that.

[1:25:36] I guess towards the end of the meeting

[1:25:37] if we could bring Mr. Bishop up.

[1:25:39] Explore that.

[1:25:40] I would be interested in that.

[1:25:42] That's all I have.

[1:25:45] Chairman Jewell: Thanks. (Indistinct)

[1:25:49] >> I usually wait till the end to do this but I've got

[1:25:52] the audience here.

[1:25:53] So I'm gonna read this to you.

[1:25:56] I've gotten a lot of emails as you can well imagine.

[1:25:59] I have not answered all of those emails,

[1:26:01] I don't have enough time in the day

[1:26:04] to do that, I have a business and I run it myself.

[1:26:07] I just want you to know I have gotten them

[1:26:11] I have read most of them are boilerplate emails.

[1:26:14] But there are some genuine emails

[1:26:17] that folks have taken the time to write.

[1:26:19] Much appreciated about data centers traffic congestion

[1:26:24] so forth and so on.

[1:26:26] I've also gotten some really interesting emails

[1:26:29] from folks that just questioned my integrity.

[1:26:33] And question things that I don't understand

[1:26:37] where they're coming from.

[1:26:38] So I'm going to read you something.

[1:26:41] If someone tells you that turtle one won the race with a rabbit

[1:26:46] you might want to slow down and not take it at face value

[1:26:51] and do some more investigation.

[1:26:54] If someone tells you that your neighbor who's a minister

[1:26:58] is cooking Meth and selling it at the church,

[1:27:01] maybe you should slow down.

[1:27:04] And take a little time and investigate more in.

[1:27:08] Not just take the word of that person.

[1:27:11] If someone tells you that you have

[1:27:14] a very reliable inside source that's telling you

[1:27:19] that your sibling is a Communist,

[1:27:22] maybe I'll slow down and figure it out.

[1:27:27] And do a bit more study.

[1:27:31] Maybe if someone tells you if v Dot's going

[1:27:35] to pave your gravel road that hasn't been paved in six years

[1:27:38] and they're going to do it next week,

[1:27:40] you might want to question that.

[1:27:42] And do a little bit more study.

[1:27:43] And I could go on.

[1:27:46] And that's what's happening.

[1:27:48] There's a lot of things out there on Facebook,

[1:27:50] there's a lot of things on the internet,

[1:27:53] I think the best way to do that if you have a question

[1:27:57] is to ask the person themselves and let them answer that for you

[1:28:00] and I'm more than happy to do that.

[1:28:03] So if someone other than Supervisor Wells

[1:28:06] tells you that Supervisor Wells has changed a vote on any topic

[1:28:11] from a yes to a no or from a no to a yes,

[1:28:14] then you should probably again, take time and speak

[1:28:18] with Supervisor Wells.

[1:28:21] I never have and never will accept money or any other form

[1:28:24] of material value to win the support for any project that

[1:28:28] comes before this board.

[1:28:31] I have and never --

[1:28:34] I have not and never will ask my fellow board members

[1:28:38] to cut deals or try to sway a vote.

[1:28:42] I don't ask them, I don't go to them and ask for them support.

[1:28:46] I don't go to them and try to sway their vote.

[1:28:48] One way or the other.

[1:28:53] I've never and will never tell anyone

[1:28:57] how I'm going to vote on any issue

[1:28:59] until I cast my vote at a public board meeting.

[1:29:03] I have an opinion, I'll be happy to share it with you,

[1:29:07] but if you ask me are you going to vote no, I'm

[1:29:09] going to tell you you have to come to the meeting

[1:29:12] and watch me vote no or watch me vote yes.

[1:29:20] I have and I will continue to share my personal opinions

[1:29:24] on any topics that anyone's interested in doing

[1:29:26] so if you'd like to discuss any of those,

[1:29:29] do it by telephone call, I have a home phone that you can call.

[1:29:33] If I don't answer leave me a message and I'll call you back.

[1:29:37] I really don't do well with emails.

[1:29:39] Because it takes a lot of time.

[1:29:41] And I find out that speaking to people

[1:29:43] personally is a lot better than writing back and forth.

[1:29:47] So I have put out proposition -- position statement

[1:29:52] on, I've given out to several people on the internet

[1:29:57] everything else.

[1:29:59] Anyway.

[1:30:00] I just want everyone to know that we work really hard

[1:30:04] to service the people and when you stand up there and say ,

[1:30:12] it hurts.

[1:30:13] It hurts to hear you say that you don't think

[1:30:15] that we're doing anything.

[1:30:17] This group works really really hard, I've been here a long time

[1:30:21] and I can tell you they work really hard.

[1:30:23] It's not our full time job.

[1:30:25] It's not our full time job.

[1:30:27] But we wouldn't be here if we didn't

[1:30:29] want to help Frederick County.

[1:30:31] Thank you sir.

[1:30:32] Chairman Jewell: Thank you sir.

[1:30:37] [Applause]

[1:30:37] >> Mr. Chairman -- during the Comprehensive plan breakout

[1:30:42] sessions all our subcommittee learned of a solar panel fund

[1:30:48] of some sort and I would like for the administration to kind

[1:30:51] of educate the board on those funds and how those funds could

[1:30:55] be used in the future?

[1:30:56] So if we can plan for that in the future meeting

[1:30:58] I'd appreciate it.

[1:31:01] >> (Indistinct) put it on your list.

[1:31:03] Thank you sir.

[1:31:05] Anybody else want to talk to?

[1:31:07] >> One thing I'm gonna say is I I said it earlier actually I

[1:31:11] said it a couple times pretty much everyone has a right

[1:31:13] to speak and everyone has a right to their opinion.

[1:31:16] And all I ask is please show respect.

[1:31:19] Please show respect every time we talk to a constituent,

[1:31:23] whether we reply to an email, what have you.

[1:31:26] We are not all going to agree.

[1:31:29] But all I ask for is to give respect to.

[1:31:33] And if you're out on the social media, show respect.

[1:31:37] Everyone up here loves this county

[1:31:41] and we're working very hard for this county.

[1:31:46] We know we hear it a lot from you folks,

[1:31:49] the statement tonight about if you don't like it

[1:31:52] we'll replace you.

[1:31:53] Well we're trying to do everything we can.

[1:31:55] And there's certain rules, things we have to abide by.

[1:32:00] So please.

[1:32:01] All I ask for is respect.

[1:32:04] Thank you.

[1:32:10] [Applause]

[1:32:11] Chairman Jewell: County officials next up update

[1:32:13] the Regional broadband project.

[1:32:15] Mr. Bo offer.

[1:32:21] >> Good evening board members I would like to bring up Wendy May

[1:32:23] she is our new communications director and part of this was

[1:32:27] to give you an update on broadband but it's also to let

[1:32:29] you know Wendy and our communications department has

[1:32:31] set up a hub on the, on our webpage and I thought it'd be

[1:32:35] good to show the board where this is and the residents

[1:32:37] so they can see this information and information on broadband

[1:32:41] would be there and.

[1:32:43] It's not where you're looking is it?

[1:32:47] >> (Indistinct)

[1:32:53] >> And if you want to give a brief description.

[1:32:55] >> Chairman Joel members of the board, thank you.

[1:32:59] As Mr. Bolhofner alluded we have recently launched an information

[1:33:02] hub on the main county website with the purpose

[1:33:05] of providing a single place for clear verified county

[1:33:10] information.

[1:33:10] And easy access to project updates,

[1:33:14] and key initiatives on the community

[1:33:17] currently important topics include the comprehensive plan

[1:33:21] update process data centers transmission lines,

[1:33:24] I-81 improvements, that will affect us for some time.

[1:33:27] All points broadband.

[1:33:28] And soon will have information about the up to 1%

[1:33:32] sales tax referendum that will be contemplated later this fall.

[1:33:35] This is an interim solution while we work to stand up

[1:33:39] the communications department.

[1:33:40] There will be a full review of county communications coming

[1:33:44] forward including the website from a more

[1:33:47] holistic perspective.

[1:33:48] You can access the information hub from the main county website

[1:33:52] at the top bar, the top navigation that

[1:33:55] says Information Hub which you can

[1:33:56] see referenced by the red box.

[1:33:58] And you can also use a direct URL ncbi.us

[1:34:01] or slash information hub.

[1:34:04] Sure thank you.

[1:34:07] Chairman Jewell: Thank you.

[1:34:09] For those folks that are here watching,

[1:34:11] this was a critical thing for this board.

[1:34:17] Everyone agreed one of the issues we had with the county

[1:34:21] was how do you get information out?

[1:34:22] How do you get, how do the constituents know where

[1:34:25] to go to keep up on especially the major projects

[1:34:29] and we are very appreciative of all the work you're doing,

[1:34:33] we're very appreciative of all the staffs put together.

[1:34:36] It's been, and it's moving very fast so thank you for that.

[1:34:39] >> Thank for the opportunity.

[1:34:43] >> And I want to thank Wendy because Wendy's not only doing

[1:34:46] the communications department she's also serving

[1:34:48] as our interim director for the EDA and she's been wearing two

[1:34:52] hats and has done an amazing job in.

[1:34:53] And she made my night tonight because I

[1:34:55] was able to help her with a computer for the first time.

[1:34:58] And I will remind her of that frequently.

[1:35:01] Give you an update on the broadband.

[1:35:04] I've been having conversations with all points

[1:35:07] and also with Brandon who's with the regional commission

[1:35:11] about Broad Point.

[1:35:13] Approximately five years ago the board

[1:35:15] approved moving forward hiring all points to installation

[1:35:18] of broadband for several jurisdictions

[1:35:21] within the Shenandoah Valley and they're doing this

[1:35:23] throughout the state.

[1:35:24] That was five years ago.

[1:35:27] Their intention was, when we gave a presentation

[1:35:30] I'm not sure a year ago or so.

[1:35:32] The intent was to have this project completed

[1:35:34] in the fall of 26 was the date and I will tell you,

[1:35:38] they're not going to make the fall of 26.

[1:35:41] They're shifting their schedule trying to complete this

[1:35:44] by the end of 26, by December 31st of 2026 and they've taken

[1:35:51] some steps to try to accomplish that.

[1:35:53] Once they have reached an agreement with Vdot

[1:35:55] so now they can do aerial permitting which should speed up

[1:35:58] the process with Vdot to get those done

[1:36:00] and they've got a good relationship with them.

[1:36:02] They've also changed their focus instead

[1:36:05] of doing just single areas and single drops

[1:36:08] to try and get the big main areas first and come

[1:36:11] back and get the local drops.

[1:36:13] The reason they went with the first route

[1:36:15] because their contract initially was based on the fact

[1:36:18] that they were paid once they had the actual houses connected

[1:36:21] up, sometimes by doing that it slows down the whole process so

[1:36:25] by taking a larger view and doing the larger areas first it

[1:36:29] should aid them to help them speed up.

[1:36:30] And the one real issue they're running

[1:36:33] into now, which is slowing them down

[1:36:35] is getting the permits from the Shenandoah Valley Co-op

[1:36:37] and that's where they're having problems,

[1:36:39] they really need I think about 200 permits a week

[1:36:42] to get this done and that's not happening at that speed.

[1:36:46] They have offered the Shenandoah Valley Co-op

[1:36:49] that they will actually pay for third party

[1:36:51] to come in and assist them with this

[1:36:53] and they're waiting to see if Shenandoah Valley is

[1:36:55] willing to do that, but that'll be imperative

[1:36:58] if they are to complete this project on time.

[1:37:01] I will tell you the one weak spot and I know all of you

[1:37:05] up here or not all but at least most of you

[1:37:07] up here have had issues with this,

[1:37:08] is when we tell our residents if you want to find out when you're

[1:37:11] going to get connected up if you're going to be connected up

[1:37:14] you go to these websites, and when you go there you find out

[1:37:19] they don't work well if at all.

[1:37:20] I've helped people out I've learned

[1:37:22] to find out ways to get it but it's not very user friendly.

[1:37:25] And generally it doesn't have any, the information you need.

[1:37:29] They've told me they're now working on a plan

[1:37:31] to have up and running within 30 to 60 days

[1:37:34] some new maps that will show where the work has been done

[1:37:37] and the work is going to be done.

[1:37:39] That is within 30 to 60 days.

[1:37:41] You can go to our hub, you can look at our connections

[1:37:44] to their sites, but at this point

[1:37:46] they really don't do you a lot of good

[1:37:48] and they're working to correct that.

[1:37:50] And they have come up I've told them and they've agreed to come

[1:37:54] back to this board at the September 9th if they can make

[1:37:58] that schedule, for September 30th 23rd and make a full

[1:38:02] presentation to this board and what we'd like to hear is

[1:38:06] what's been done and when is everything else going to be done

[1:38:09] and get a better idea of the scheduling?

[1:38:10] And that's the update I have tonight and try to answer any

[1:38:15] questions or --

[1:38:20] Chairman Jewell: (Indistinct)

[1:38:21] >> I'm a little disappointed that they're not here tonight.

[1:38:26] But putting that aside, fundamentals.

[1:38:29] What particular in Bat Creek which

[1:38:34] is a large area underserved, people

[1:38:38] want to know when you fill in on the website and not there yet.

[1:38:49] It's not sufficient.

[1:38:50] So they definitely need to be here.

[1:38:53] And they also need to know that the other fundamentals,

[1:38:56] is it going to actually be hooked up to my house?

[1:39:00] Who's going to do that?

[1:39:02] What's the internet service are they providing

[1:39:04] the internet service as well?

[1:39:06] And I also want to know what's it's going to cost.

[1:39:09] So those are key things that I'm hearing.

[1:39:14] And we just need information.

[1:39:17] And it just hasn't been, and I wasn't here for the front end

[1:39:23] of this, I wasn't here five years ago,

[1:39:26] lived here all my life.

[1:39:28] So I'm not intimately familiar with what

[1:39:31] happened five years ago.

[1:39:34] But we really need the information now.

[1:39:36] To get it out.

[1:39:37] And I do appreciate getting it up on the Infohub and the steps

[1:39:44] forward there, but they need to be here

[1:39:47] and we just need to know where we're at and when's the end?

[1:39:51] And what's it going to be?

[1:39:54] What's the details?

[1:39:56] >> Might want to address we do have meetings that they're going

[1:40:01] to show up to.

[1:40:04] Giving me a date that --

[1:40:09] >> September 9th or September 23rd.

[1:40:13] I'm pushing very hard for that one

[1:40:16] the date they had a commitment that night but it might

[1:40:19] be earlier so hopefully the next day

[1:40:20] or two he's going to be, let me know I will call him

[1:40:23] and say our board really like to be

[1:40:25] here sooner rather than later.

[1:40:27] >> We want him here September 9th.

[1:40:32] >> And I'm sure there's not just one person with their company.

[1:40:35] Vice Chair Wells: Working on getting them here

[1:40:37] to stand up and tell us what's going on.

[1:40:39] >> Absolutely.

[1:40:42] Vice Chair Wells: Appreciate your hard work on that too.

[1:40:46] >> Any questions you have for them or from your constituents

[1:40:50] can let them know they're expected to answer I can't say

[1:40:55] that they would be prepared but I can gladly forward that along

[1:40:58] to them.

[1:40:58] >> I'll just say I'm glad I got Starlink in 2021.

[1:41:05] [Laughter]

[1:41:06] >> Thank you for that update sir.

[1:41:08] All right the next one.

[1:41:11] Eight B.

[1:41:13] >> Yes board directed us to move forward on the opposing

[1:41:17] the Valley North electrical transmission line and just

[1:41:20] to make sure I get this correct I'm just going to read.

[1:41:22] We have a resolution tonight to take some steps moving forward

[1:41:25] to do that I'll just read you some key lines

[1:41:26] from the resolution.

[1:41:28] So board is resolved that the county administrator

[1:41:30] and the County Attorney are hereby authorized

[1:41:33] to retain the services of Whiteford Taylor and Preston LLP

[1:41:37] to provide outside legal counsel and opposing the Valley North

[1:41:41] Project.

[1:41:42] And the county administrators hereby authorized and directed

[1:41:45] to identify and set aside funds for said representation

[1:41:48] in the amount not to exceed $250,000 to move forward with

[1:41:52] this.

[1:41:53] We have the money and the Board of Supervisors contingency fund,

[1:41:59] we would just set aside the $250,000 in an account for this

[1:42:04] and keep a separate tracking for this board also

[1:42:07] in the resolution it states that the county attorney

[1:42:09] and or myself will make regular --

[1:42:13] will be meeting with the board regularly to keep you updated

[1:42:16] on the progress of this.

[1:42:17] I will tell you our first thing we really

[1:42:19] didn't want to do anything moving forward

[1:42:20] or any strategy until we had the attorney on board.

[1:42:23] If the board agrees to this tonight

[1:42:24] we'll immediately call the attorney

[1:42:26] we had one long conversation with him

[1:42:28] and had a pretty good meeting if the board agrees

[1:42:30] to do this we'll set up a meeting

[1:42:32] and start moving forward the strategy

[1:42:33] and obviously include the board and how we're going to do that.

[1:42:37] >> Good is that at?

[1:42:39] All right I'll entertain a motion on this one.

[1:42:44] Got a motion got a second.

[1:42:47] This requires a roll call vote.

[1:42:49] Supervisor (Indistinct)

[1:42:53] [Members voting aye]

[1:42:58] >> Chair votes I there you go Mr..

[1:43:00] You're good to go.

[1:43:03] Okay next up.

[1:43:05] Appointments to boards committees and commissions.

[1:43:09] 900 we've got the conservation easement authority,

[1:43:13] we've got three willing members.

[1:43:17] Entertain a motion for reappointment

[1:43:19] of Philippines, Diane Kearns, and our own supervisor Al

[1:43:25] Orndorff.

[1:43:26] All right.

[1:43:28] I can do this with a voice vote all those in favor?

[1:43:33] Anybody opposed?

[1:43:33] We're good to go.

[1:43:35] Okay.

[1:43:36] Next one up is for economic development

[1:43:38] it's a four year term for Doug Rinker which expires nine 1026.

[1:43:45] He was recently reappointed to fill an unexpired term.

[1:43:50] I'll entertain a motion.

[1:43:51] >> I'll entertain a motion to approve as presented but Doug is

[1:43:56] a breath of fresh air and I'm glad to have him on the board.

[1:43:58] Chairman Jewell: All right we got a motion and a second.

[1:44:02] All those in favor.

[1:44:03] Any absolutely right.

[1:44:04] We are very lucky to have him back.

[1:44:08] Committee business non.

[1:44:09] Public hearings non.

[1:44:11] Planning commissions, none.

[1:44:13] All right now we're back up to planning commission business.

[1:44:16] So where's my friend.

[1:44:18] Okay.

[1:44:19] Hello there sir how are you today?

[1:44:21] >> Just give me one second Mr. Chairman to get the --

[1:44:25] Chairman Jewell: Take your time, we're good we're good.

[1:44:31] >> Good evening Mr. Chairman members of the board this is

[1:44:34] the first of three ordinance amendments

[1:44:36] for your consideration is given for information discussion

[1:44:39] for each of the amendments we'll be seeking your authorization

[1:44:42] to move these items forward to the committee structure and then

[1:44:46] also to advertise for public hearings when appropriate.

[1:44:48] The first for your consideration this evening

[1:44:52] is what we call in our phase one comment companion

[1:44:54] amendments and these are proposals

[1:44:55] to amend chapter 144 the Subdivision Ordinance

[1:44:58] and chapter 165, the Zoning Ordinance

[1:45:01] to incorporate phase one Ordinance update recommendations

[1:45:04] from the Berkeley Group.

[1:45:05] You all will recall when you adopted your phase one updates

[1:45:09] in May of this year, that there were a number of kind

[1:45:12] of clean up items that the Berkeley group had identified

[1:45:14] that fell outside of the bounds of that project

[1:45:16] and were kind of classified as a policy type item.

[1:45:20] And that they would be handled kind of immediately following

[1:45:23] the adoption of the ordinance.

[1:45:25] And that is the series of amendments

[1:45:27] before you this evening is for, as far

[1:45:30] as this phase one update goes.

[1:45:31] These proposed amendments seek to improve

[1:45:34] efficiency, consistency across the ordinance,

[1:45:36] incorporate best practices or those recommended

[1:45:39] by the Berkeley group, and of course

[1:45:41] to maintain the user friendly nature of our ordinance

[1:45:43] which we strove to do when we did that phase one update.

[1:45:47] So first we'll tackle the chapter 144 subdivision

[1:45:53] ordinance changes.

[1:45:54] The majority of these changes tackle

[1:45:57] the processing of waivers, subdivision design planning

[1:46:02] and that process is administrative process handled

[1:46:05] by staff and the zoning administrator.

[1:46:07] And we wanted to make this waivers

[1:46:09] a part of that administrative process

[1:46:10] because they're otherwise administrative action.

[1:46:14] The first pertains to general access

[1:46:15] which would change the Board of supervisor waiver

[1:46:18] to subdivision administrative waiver to allow

[1:46:20] for private streets and offer age restricted communities.

[1:46:24] We would also make a similar change

[1:46:27] to our streets and sidewalks.

[1:46:28] Regarding the waiver of interpersonal connectors

[1:46:31] intersections and cul de sacs that

[1:46:33] would give the subdivision administrator

[1:46:35] authority to review one waivers to those required

[1:46:38] to be necessary we would remove the Board of Supervisors

[1:46:41] waiver for street lights and we would

[1:46:43] remove a subdivision administrator waiver

[1:46:45] for sidewalks on public streets.

[1:46:49] In regard to chapter 144, we would also address easements

[1:46:53] and we would remove a Board of Supervisors waivers

[1:46:56] for underground utilities otherwise

[1:46:58] we normally require that utilities be placed underground

[1:47:02] throughout the county.

[1:47:03] And then under environmental features and protections we

[1:47:06] would remove a waiver for a stormwater management plan

[1:47:09] for lots of less than 15,000ft².

[1:47:11] That was an outdated requirement,

[1:47:13] we spoke with the Public works staff

[1:47:15] to understand the Virginia storm regulation

[1:47:18] and they asked that we remove that item as it was no longer

[1:47:21] an appropriate allowance.

[1:47:24] In regard to chapter 165 the zoning ordinance again clean up

[1:47:29] items for administrative requirements,

[1:47:31] we would propose removing the requirement

[1:47:33] that the County Administrator sign final master development

[1:47:36] plans.

[1:47:37] Master development plans used to require presentations

[1:47:39] to the Planning Commission and the Board of Supervisors

[1:47:42] and they required the Planning Director and county

[1:47:44] administrators to sign off on them.

[1:47:45] That has become a largely administrative function.

[1:47:48] And that is the last vestige of that previous process,

[1:47:51] would be the county administrator's approval

[1:47:54] and I'm sure Mr. Hofer would appreciate not having

[1:47:56] to sign those plans anymore.

[1:48:00] We would address industrial design standards

[1:48:03] there's currently a waiver for the screening of machinery

[1:48:06] and mechanical equipment for the extracted manufacturing

[1:48:10] district.

[1:48:11] We feel like we can accomplish that waiver

[1:48:14] through the alternative standard that

[1:48:16] was included with the packet.

[1:48:18] For the residential Recreational Communities District standards,

[1:48:21] we're going to change the planning director

[1:48:23] waiver to a zoning administrator waiver

[1:48:24] for street trees substitutions again that's a best practice,

[1:48:27] the zoning administrator is the final signal

[1:48:29] to where we're on site plans and other design plans and not

[1:48:32] the planning director.

[1:48:34] Although the planning director can

[1:48:36] sign in the absence of his own administrative.

[1:48:38] In regard to the Frederick County Sanitation,

[1:48:41] Sanitary landfill we would remove a board of Supervisors

[1:48:44] waiver or turn to a standard that just incorporates and adds

[1:48:48] an assurance to someone doing work at the landfill

[1:48:51] that they would need a waiver to come out for a screening

[1:48:54] element.

[1:48:55] In regards to the use of welding repair we'd remove a waiver

[1:48:57] requirement for a screen welding repairs

[1:48:59] a conditional use in your rural area zoning district

[1:49:02] so screening requirements typically handled

[1:49:04] through the conditions, doesn't require your action as a board

[1:49:07] waiver if you approve the conditional use

[1:49:09] permit you would otherwise be including those screening

[1:49:11] elements.

[1:49:11] Most likely as a condition.

[1:49:13] And then for tractor truck and tractor trailer truck parking,

[1:49:16] we would change the Board of Supervisors

[1:49:18] waiver to zoning administrator waiver

[1:49:20] for alternative landscaping based on topography

[1:49:22] and or adjacent land uses, that's

[1:49:24] a common waiver that the zoning administrator has on other uses.

[1:49:28] So we wanted to bring that use in line with current practice.

[1:49:32] For other uses.

[1:49:34] So this item is presented to you all for information discussion

[1:49:37] this evening.

[1:49:38] We're seeking your authorization to proceed with the ordinance

[1:49:41] amendment process.

[1:49:41] For those who are unfamiliar with that,

[1:49:44] it includes a review by our development review

[1:49:46] and Regulations Committee that is

[1:49:47] a subcommittee of the Planning Commission, made up

[1:49:50] of planning commissioners and citizen representatives

[1:49:52] and then we would subsequently advertise for public hearings.

[1:49:55] Those dates would be determined after the review

[1:49:57] by the committee.

[1:49:58] And I'm happy to answer any questions you have

[1:50:00] on these companion amendments.

[1:50:02] Chairman Jewell: Any questions for Mr. Clive?

[1:50:05] >> We talked about the Berkeley group I'm not sure that some

[1:50:09] of the members of the board were here.

[1:50:11] When we did that.

[1:50:12] Could you just kind of reference the Berkeley group?

[1:50:16] They did intensive study on -- if you could just give a little

[1:50:20] background on that.

[1:50:21] As to how we got to these --

[1:50:24] >> Good clarification prior to issuing the ordinance amendment

[1:50:28] phase update we did a zoning diagnostic and a number

[1:50:30] of our waiver processes were deemed not to be best practices.

[1:50:33] It creates a kind of legislative burden for you

[1:50:37] all to handle these relatively minute waiver requests

[1:50:41] that otherwise the zoning administrator handles and most

[1:50:43] other cases.

[1:50:44] So there recommendation early on in that process

[1:50:47] was to transition that again, we felt

[1:50:49] like that was outside of the scope of the phase one

[1:50:51] rewrite that we did.

[1:50:52] But we wanted to bring these back to you all immediately

[1:50:55] following that adoption so that you all could provide guidance

[1:50:57] on if you'd like to move forward with those best practice

[1:51:00] cleanups that were recommended and again, intent

[1:51:03] with these changes is to maintain kind of the user

[1:51:07] friendly nature of the ordinance and put administrative functions

[1:51:10] back into the administrative realm of the zoning

[1:51:12] and subdivision administrator.

[1:51:14] Chairman Jewell: Any other questions?

[1:51:16] All right.

[1:51:17] I'll entertain a motion.

[1:51:21] >> Moving forward.

[1:51:24] Chairman Jewell: All right we got a motion.

[1:51:26] I need to do a roll call vote on this.

[1:51:31] [Members voting aye]

[1:51:38] >> And the chair votes I. Thank you Mr. Klein.

[1:51:41] I appreciate all the work you put into that one.

[1:51:46] >> Absolutely this is your second ordinance amendment this

[1:51:50] also falls on the heels of your phase one update

[1:51:52] and we're calling this your 2026 update.

[1:51:55] This is a proposal to amend the zoning ordinance

[1:51:58] to incorporate applicable changes to the Code of Virginia

[1:52:01] that were done through the General Assembly.

[1:52:03] As you all are well aware, each year the General Assembly

[1:52:07] can considers a amendments to the Code of Virginia

[1:52:10] and ultimately if they're successful they're

[1:52:12] signed into law by the governor of the Commonwealth

[1:52:14] and we should annually review them and where applicable

[1:52:17] and incorporate them into the new audiences one of the areas

[1:52:20] that we fell short in our diagnostic

[1:52:22] was our state code compliance.

[1:52:24] That's a product of the age of our ordinance

[1:52:26] but also just not keeping up with a regular kind of update

[1:52:29] of all of the state code changes that occur each general assembly

[1:52:34] cycle.

[1:52:35] We made changes throughout the years kind of hot topics

[1:52:38] came up and required kind of immediate attention

[1:52:41] and we were incorporating a lot of the state code.

[1:52:43] Elements in practice they just weren't codified.

[1:52:45] This is an effort to keep our coordinates fresh

[1:52:48] up to date and compliant with the code of Virginia.

[1:52:52] That helps the board and the county

[1:52:54] prevent legal challenges and any things like that.

[1:52:57] We reviewed all of the bills that were applicable to Planning

[1:53:00] and zoning, we're fortunate that our American Planning

[1:53:03] Association Virginia Chapter does

[1:53:05] a very good job of keeping planners informed

[1:53:07] on all of the kind of changes.

[1:53:11] Then we met with the county attorney

[1:53:12] a number of times through the General Assembly cycle

[1:53:15] and then after the coaching were made

[1:53:17] to review the applicable bills to determine what bills needed

[1:53:21] attention by the board.

[1:53:23] There were far more bills that apply

[1:53:25] that were adopted as far as land use and planning that

[1:53:29] are covered here this evening.

[1:53:31] Not all of them apply to us because we're not

[1:53:33] in Incorporated City or we don't meet a population threshold

[1:53:36] so some of those bills get weeded out just by the nature

[1:53:38] of our status as a county under 100,000 people but there are

[1:53:41] other bills that require our attention.

[1:53:42] So the first one for your consideration this evening is

[1:53:45] House Bill 1212 that states any locality with a population

[1:53:49] of 20,000 persons or more shall adopt and maintain a zoning

[1:53:53] district classification that permits one family and two

[1:53:56] family dwellings and townhomes as a by right use on lots with

[1:53:59] a minimum lot area not exceeding 3000ft².

[1:54:01] Our recommended action is to proceed with an ordinance

[1:54:05] amendment to incorporate the standard.

[1:54:07] That would involve changes to the dimensional requirements

[1:54:10] contained in the RP residential Performance District.

[1:54:13] We do have what we call a single family small lot housing type

[1:54:17] and it requires a minimum lot area of 3750ft² so we're just

[1:54:21] slightly above that threshold.

[1:54:22] We do clear that threshold with our townhome lot sizes,

[1:54:25] we allow them as small as 1800ft².

[1:54:28] But this is, this would require an effort

[1:54:31] to reduce that minimum lot size we

[1:54:32] feel like that is the quickest kind of solution to address

[1:54:35] this state code change.

[1:54:37] Our next series of bills that a companion bills House Bill

[1:54:42] 2079 and Senate Bill 288 this is known as the Faith and Housing

[1:54:46] Act it's received quite a bit of fanfare.

[1:54:48] And public attention.

[1:54:50] And it allows for the administrative approval

[1:54:52] of development and construction of affordable housing

[1:54:55] on land owned by property tax exempt religious organizations

[1:54:58] or certain other types of organizations,

[1:55:00] there's a significant amount of criteria

[1:55:04] to what clears affordable housing on these properties that

[1:55:07] requires a certain percentage of area median income

[1:55:09] and the properties must be connected

[1:55:11] to public water and sewer.

[1:55:13] So rural religious property in the county

[1:55:16] would not be subject to this because it

[1:55:18] doesn't meet certain criteria as far as water and sewer

[1:55:21] connectivity.

[1:55:22] At this time we're recommending actually no action on this item.

[1:55:25] Within the legislation, it doesn't take effect until

[1:55:28] January 1st of 2027 and there is a sunset clause of January 1st

[1:55:32] 2031 after consulting with the county attorney and also

[1:55:36] the chapter legislator for the American Planning

[1:55:39] Association's Virginia Chapter, they recommended localities hold

[1:55:43] on adopting this because it may not be reenacted in 2031.

[1:55:47] So we have to add it and then remove it at a later date.

[1:55:51] They recommended the county attorney also

[1:55:53] agreed that we would practice it and we

[1:55:56] would allow for those organizations

[1:55:58] to develop affordable housing pending that it

[1:56:00] met all the criteria contained in the bill,

[1:56:02] it just wouldn't be codified in our ordinance

[1:56:04] and again that's kind of outside of what we told you

[1:56:07] we would be doing with the Berkeley Group

[1:56:09] but given the sunset clause on this

[1:56:10] it creates a problem where we would have something

[1:56:11] in an ordinance and then we would have to kind of plan ahead

[1:56:14] to remove it and not know if it's going to come out

[1:56:16] or not because it may get renewed by the General Assembly

[1:56:18] at some point in that interim.

[1:56:20] And then if the deed gets extended

[1:56:22] so it creates kind of a maintenance challenge for us.

[1:56:26] The next bill is House Bill 1463.

[1:56:29] And it pertains to allowing manufactured homes

[1:56:32] and designated mobile home parks,

[1:56:35] mobile homes and manufactured homes

[1:56:36] are actually two different types of unit.

[1:56:39] They're similar in the way that they're constructed

[1:56:41] but they have a different HUD classification.

[1:56:43] And this bill would add clarity that it would be allowed.

[1:56:49] Fortunately are, no action is required

[1:56:51] because our ordinance is actually

[1:56:52] compliant with the state code reference.

[1:56:55] What the Berkeley Group did it incorporates

[1:56:57] state code references didn't provide

[1:56:59] the actual text of the bill it just provided the code reference

[1:57:02] so when we reference updates our ordinance remains compliant.

[1:57:06] So I just wanted to let you know that that bill would otherwise

[1:57:09] apply but we are already compliant.

[1:57:11] And the final bill for your consideration

[1:57:12] is Senate Bill 531.

[1:57:14] And it requires a locality to include in its zoning ordinances

[1:57:17] for single family residential zoning districts

[1:57:19] accessory dwelling units or ADUs as defined in the bill

[1:57:23] to be permitted as an accessory use.

[1:57:25] Again, no action is required where ordinance compliant

[1:57:28] on this we allow accessory dwelling units in our rural area

[1:57:32] zoning district and all our suburban zoning districts.

[1:57:34] Whether they be attached or detached to the units

[1:57:37] depending on the district.

[1:57:38] And again, our area of ordinance contains the proper references

[1:57:44] so we are code compliant with this change by the General

[1:57:46] Assembly.

[1:57:47] So again this item is presented to you all as an information

[1:57:50] discussion item this evening, we'd

[1:57:52] be seeking your authorization to proceed with the ordinance

[1:57:54] amendment for House Bill 1212, that's

[1:57:57] the one again with changing the minimum lot size.

[1:57:59] To a minimum of 3000ft² that would include a review

[1:58:01] by the committee and then advertising for public hearing

[1:58:04] at a date to be determined.

[1:58:06] Happy to answer any questions.

[1:58:09] Chairman Jewell: I don't see any questions.

[1:58:12] All right I'll entertain a motion.

[1:58:16] >> I'll make a motion to approve as presented.

[1:58:22] Chairman Jewell: And I need a second.

[1:58:23] This will be a roll call vote as well.

[1:58:28] [Members voting aye] Thank you Mr. Klein.

[1:58:37] And Mr. Fox for all the work on it.

[1:58:46] Mr. Bishop.

[1:58:49] >> Thank you Mr. Chairman.

[1:58:51] Members of the board.

[1:58:53] As I think everyone is aware tonight,

[1:58:55] you are considering this proposal

[1:58:57] to amend chapter 165 zoning ordinance

[1:58:59] to remove data centers as permitted use

[1:59:02] and or conditional use in certain zoning districts

[1:59:05] and to remove other references to data centers.

[1:59:07] As was specifically requested by the Board of Supervisors back

[1:59:11] on July 8th.

[1:59:13] Your current standard is that data centers are permitted as a

[1:59:18] by right only in the TTM technology

[1:59:21] Manufacturing Park Zoning District,

[1:59:23] as a conditional use in B3 M1 and M2 zoning districts.

[1:59:29] The definition is located at 1651105.05 and also

[1:59:35] as additional regulations for specific uses

[1:59:37] to data centers which are also included in your zoning

[1:59:40] ordinance.

[1:59:41] And current requirements for data

[1:59:42] centers as are adopted by the Board of Supervisors dated back

[1:59:47] to April of 2025.

[1:59:49] And as part of your phase one update that was adopted on May

[1:59:53] 13th 2026 which removed data centers as a reference potential

[1:59:57] use from TTM (Indistinct) district section.

[2:00:01] And that's related back to the intended use portion of that

[2:00:05] which was removed as part of that May 13th action.

[2:00:09] The requested action this night is

[2:00:11] as presented for your information and discussion

[2:00:14] there is a draft in your packet, you're

[2:00:15] not voting on that draft you're voting on the resolution.

[2:00:18] To direct us to keep working on that draft.

[2:00:20] Take it to the Planning Commission and of course

[2:00:22] back to you all for the adopted process

[2:00:25] and through the state code required public hearings.

[2:00:29] So we're seeking your direction your action

[2:00:31] and I can take any questions you may have.

[2:00:34] Chairman Jewell: Any questions?

[2:00:37] Supervisor Oates.

[2:00:38] Supervisor Oates: A few.

[2:00:41] First, I agree with some of the speakers here tonight.

[2:00:44] I don't think we should remove the definition

[2:00:46] from the ordinance.

[2:00:48] If this goes forward for a study by the RC.

[2:00:52] I think we need to keep the definition in there.

[2:00:54] Also the definition, I think probably

[2:00:57] needs to get a little stricter.

[2:00:58] As exactly what is a data center and what is not?

[2:01:02] Because I mean, there's different categories

[2:01:06] of data centers right down to the edge

[2:01:08] where it's say a small one say they

[2:01:11] want to consolidate all their servers into one building.

[2:01:13] 5000ft² are you going to eliminate that ability

[2:01:17] for a local business?

[2:01:21] So I don't know if we need to have like certain building

[2:01:24] size or something to say all right

[2:01:26] if it's the size it's fine.

[2:01:28] To support a business.

[2:01:31] Not the megawatt ones.

[2:01:33] So that's the ones everyone's upset about.

[2:01:36] The second is come on we do have an existing data

[2:01:39] center in the county.

[2:01:41] By removing all the standards, are we

[2:01:44] freeing up that data center now so that it no longer has

[2:01:48] the stricter setbacks?

[2:01:49] If they decide to do an addition or do some kind of modification

[2:01:54] are they now completely locked out?

[2:01:59] Nonconforming use?

[2:02:02] >> They are already nonconforming use so anything

[2:02:06] that would lead to the level of requirement site plan they would

[2:02:09] have to meet all the standards of the M1 zoning district

[2:02:12] so specific to setbacks M1 does have lesser setbacks than

[2:02:17] the specific data center use.

[2:02:19] Supervisor Oates: Okay would they still have the ability

[2:02:22] to expand or taking it out and restricting it stops them

[2:02:25] and they're fixed on their size from here on?

[2:02:27] >> They've got no room to expand so theoretically they could

[2:02:31] increase their capacity within their existing footprint

[2:02:33] but they couldn't enlarge their footprint.

[2:02:36] Supervisor Oates: What if they went up?

[2:02:39] >> Then they're going to be subject to the height

[2:02:43] restrictions of the M1 zoning district.

[2:02:45] For starters.

[2:02:46] Supervisor Oates: So they could go up.

[2:02:49] >> As a nonconformity they could not add a story to the structure

[2:02:54] to expand the use that's considered within the footprint

[2:02:56] vertically as well.

[2:02:59] Supervisor Oates: The other thing we're looking at this

[2:03:02] is the TTM district.

[2:03:03] Speaking from experience you get a developer

[2:03:06] to get a TTM is put a gun to their head

[2:03:09] and the only reason they consider here recently

[2:03:12] is because data centers were a by right use.

[2:03:15] I'd like to see us just strike the TTM district entirely

[2:03:18] out of the ordinance.

[2:03:20] No one's ever wanted to go to that kind of district,

[2:03:24] the only time everyone showed any interest

[2:03:26] is when data centers popped up.

[2:03:27] So I would like that considered as well just remove

[2:03:31] that entire zoning category and we

[2:03:34] have M1 M2 that's good enough.

[2:03:36] B3.

[2:03:39] I guess those are just my ideas what

[2:03:42] we need to look at when DRC takes a look at that

[2:03:45] and considers it.

[2:03:51] >> Going back to the TTM.

[2:03:52] Mr. Pearson because we went from office

[2:03:55] being impact to TTM with the idea of technology

[2:03:58] but at this point, it's caused more problems (Indistinct)

[2:04:04] I agree with looking at that.

[2:04:06] Here's the bottom line.

[2:04:08] You know why you have the word data center in there

[2:04:11] take it out I don't care but what I want is no way no

[2:04:15] how can the data center be built. Put the wording in,

[2:04:19] it's what we need.

[2:04:20] It's that simple.

[2:04:22] Just make sure we lock it down.

[2:04:25] So no one can sneak in any other way

[2:04:29] or come up with some stupid idea and we can just say, all right

[2:04:33] what do I want this.

[2:04:34] For now.

[2:04:35] That is the way it's got to go. --

[2:04:38] all right we're done with this.

[2:04:40] For now.

[2:04:41] That is the way it's got to go.

[2:04:44] [Applause]

[2:04:44] >> About as clear as we can get so.

[2:04:47] >> We'll continue working with the attorney and outside counsel

[2:04:51] and frankly bringing forth the most highest recommended

[2:04:54] and defensible ordinance you have because frankly our goal is

[2:04:58] not to set you up to be in fights as to set you up to win

[2:05:01] them.

[2:05:01] So that's what we'll do.

[2:05:03] Chairman Jewell: You're moving a fast pace we asked you to do it

[2:05:07] Mr. Fox has been wonderful.

[2:05:09] Making sure that we're following the laws because there are laws

[2:05:12] here folks that we have got, guardrails

[2:05:14] that we have got to be in.

[2:05:16] So we just want the sucker locked down the best we can.

[2:05:20] So yes sir supervisor Oates.

[2:05:22] Supervisor Oates: One other thing

[2:05:24] I'd be curious about when applicants submit application

[2:05:27] to be considered there is a time limit.

[2:05:29] Where are we on Gateway and Equus?

[2:05:31] When did their submission come in?

[2:05:33] >> Winchester gateway I heard a reference earlier that has been

[2:05:37] withdrawn it has not been withdrawn they did pull out

[2:05:39] of their next visit to the Planning Commission they were

[2:05:42] going to be held in September, heard September 2nd

[2:05:44] because they're running out of their timeline for planning

[2:05:46] Commission.

[2:05:47] So that's going to be heard now they've got a year from filing

[2:05:51] to go to the Board of Supervisors

[2:05:52] so if they ask to be held up again once they get it

[2:05:55] through Planning Commission they could theoretically do that.

[2:05:57] Technology Park I reached out to them again last week,

[2:06:00] they're not yet ready to schedule but once again

[2:06:02] their role within the envelope of one year

[2:06:04] to be heard by the Board of Supervisors

[2:06:06] they already had their recommendation denial

[2:06:07] from the Planning Commission.

[2:06:09] Supervisor Oates: I know they're in their one

[2:06:13] year I was wondering when that one year runs out.

[2:06:16] >> I believe it's May 7th I'm going off the cuff there

[2:06:20] so forgive me if I'm off by a few days but I believe it's May

[2:06:22] 7th is when they will hit their one year.

[2:06:24] Supervisor Oates: Until they get here we can't act on it.

[2:06:28] Y'all just keep showing up every meeting until we get in front

[2:06:33] of us -- we can't do anything.

[2:06:37] >> Anybody else?

[2:06:38] Okay.

[2:06:40] >> Only clarification I would have for staff is we got two

[2:06:43] different things here.

[2:06:44] Now that TMS put a play because really I

[2:06:46] think we've got two resolutions that we're trying to pass down

[2:06:49] is that correct?

[2:06:50] I'm not I'm 100% with you guys the team just

[2:06:53] doesn't make sense.

[2:06:54] And I just want to make sure that we're not

[2:06:58] gobbling everything together.

[2:06:59] Or if that's the way we're supposed to do it,

[2:07:01] I don't really know I just want to make sure that we're fine.

[2:07:04] >> I'm looking at Mr. Pearson he's going yeah.

[2:07:08] >> You all can pass the resolution with the intent

[2:07:11] to include the changes that you discussed and advertise them

[2:07:14] for public hearing as well.

[2:07:15] >> Thank you.

[2:07:18] >> All right.

[2:07:19] So I need a motion on this.

[2:07:23] And I need a second.

[2:07:25] All right.

[2:07:27] Supervisor Oates.

[2:07:31] [Members voting aye]

[2:07:37] Chairman Jewell: Thank you Mr. Bishop

[2:07:39] and all of you for all the work you've done on that.

[2:07:41] All right.

[2:07:43] Next item up is board liaison reports.

[2:07:47] Do we have any?

[2:07:50] I'm looking at you -- go your way first.

[2:07:56] >> Parks and rec commission meeting last night.

[2:07:59] Madigan long commission member was

[2:08:01] recognized for exceptional contributions

[2:08:03] as a member of the Parks and Rec Commission.

[2:08:07] Spent 22 years on that commission.

[2:08:09] From 2004, 20 2026.

[2:08:15] During his final two years of facilities

[2:08:18] were maintained in Parks and Rec made a new program for started

[2:08:21] and he's been recognized with a plaque on the monument

[2:08:24] at the entrance of Schroeder Park

[2:08:27] Warner Drive so again congratulations

[2:08:30] to Mr. Ron Medich and.

[2:08:33] >> Awesome that's great.

[2:08:35] Anybody else?

[2:08:37] Supervisor one dot.

[2:08:43] Supervisor Orndorff: Chairman members of the board.

[2:08:45] County Sanitation District Advisory Committee met on Monday

[2:08:49] August the 3rd.

[2:08:51] They spent some time talking about the yard sale

[2:08:54] they had a very successful yard sale on the spring.

[2:08:58] They were talking about running one in the fall.

[2:09:01] But I've since learned that the person

[2:09:04] who coordinated that for them just felt

[2:09:08] that she couldn't handle it.

[2:09:10] So we'll see what they decide at their next meeting.

[2:09:13] The manager's report, 42 miles of road that stored and chipped

[2:09:23] in Shawnee land and this year so far,

[2:09:29] they've done 7.49 miles of trail .

[2:09:35] At a cost of $257,481.

[2:09:38] Parking lots striping, they had met with the schools about

[2:09:47] the bus pickup area, so they have had that work done,

[2:09:53] it was done July 6th and seventh.

[2:09:56] At a cost of $3,141.

[2:09:59] They've been replacing culverts and they're pretty much

[2:10:04] caught up.

[2:10:05] They currently have seven more scheduled to replace the Sierra.

[2:10:12] -- replace this year.

[2:10:15] Asphalt patching and motor grader work,

[2:10:18] the staff has placed 147 000 tons of asphalt on the numerous

[2:10:24] trails, that's 184 dump truck loads.

[2:10:28] 119 000 $302.

[2:10:30] So quite a bit of work.

[2:10:34] Done their.

[2:10:35] And then there are vegetation control ,

[2:10:41] they're doing that by cutting not spraying.

[2:10:46] So that's the liaison report for Shawnee Land Sanitary District

[2:10:53] Advisory Committee.

[2:10:55] Also on the fifth, the Extension leadership council met.

[2:11:06] Extension reported financial literacy management

[2:11:10] program in the schools has been a success

[2:11:12] and members were encouraged to anticipate this coming year.

[2:11:17] Also reported that two four age club

[2:11:19] teens participated in the national competitions

[2:11:22] and were successful in placing in the Horse Bowl

[2:11:26] and the shooting sports also had some national and individual

[2:11:32] winners.

[2:11:33] It was also reported Frederick County Fair

[2:11:37] attendance was up this year and the carnival was enjoyed

[2:11:40] by the younger crowd in particular. (Indistinct)

[2:11:43] stock shows went well.

[2:11:47] Frederick County Parks and Rec children

[2:11:50] to the fair education recreational activity

[2:11:55] for FFA members and other volunteers

[2:11:59] give tours of the facilities histories

[2:12:01] animals for the children.

[2:12:03] It was expressed that Caden Schumaker exchanged

[2:12:07] summer intern was a huge help on the fair.

[2:12:11] Her willingness to do anything requested

[2:12:14] was greatly appreciated, which I'm sure

[2:12:17] the job description for that.

[2:12:21] [Laughter] Chairman kindly asked Rose McDonald

[2:12:24] to thank the fair board for the work and assistance

[2:12:27] to a great County fair she also thanked the VCE

[2:12:31] staff for all their work and time contributed to the fair.

[2:12:35] And then Frederick County's new for each extension is Michael

[2:12:39] Van Ness, who will begin work on August 10th.

[2:12:42] Mr. Chairman unless there's questions

[2:12:45] I can conclude my liaison report.

[2:12:47] Chairman Jewell: All I've got to say

[2:12:50] is we're very fortunate with our FFA program and our

[2:12:53] for each program here in this county.

[2:12:55] So it's larger than people, I think

[2:12:58] people think and I know I was there at the fair and they said,

[2:13:03] I think they had like over a hundred animals being shown.

[2:13:06] It was huge.

[2:13:07] So thank you sir.

[2:13:09] Anybody else?

[2:13:10] All right.

[2:13:14] Next up.

[2:13:15] Citizens comments.

[2:13:17] Madam clerk.

[2:13:18] >> Yes sir.

[2:13:20] Amber Frye?

[2:13:27] Chairman Jewell: Okay.

[2:13:28] >> Brian Nouri.

[2:13:33] >> I'm here.

[2:13:35] Thank you Mr. Chairman.

[2:13:37] Board.

[2:13:37] Members of the board my name is Brian Noori

[2:13:39] I'm a resident of the district.

[2:13:41] I'm here to remind the residents of the county that not only are

[2:13:44] we voting in November to replace a couple of supervisors

[2:13:47] and our congressional representative

[2:13:49] we also have three amendments to our state's Constitution

[2:13:52] and a local referendum.

[2:13:54] When we have an opportunity to affect

[2:13:56] a change in how our state and locality runs

[2:13:58] we should take those opportunities.

[2:14:00] The first one is on the question of reproductive rights

[2:14:04] of Virginians.

[2:14:05] In the wake of the Dobbs decision

[2:14:07] we have the opportunity to protect the fundamental right

[2:14:09] of a woman to choose how they will carry forward

[2:14:12] a pregnancy or not.

[2:14:13] Relating to prenatal care childbirth postpartum care

[2:14:16] contraception abortion care miscarriage

[2:14:19] management and fertility care.

[2:14:21] The government has no rights to intervene

[2:14:24] between a woman and her doctors as to what care best

[2:14:27] protects her and her family.

[2:14:29] So vote yes.

[2:14:31] Second, concerns the vote to marry whomever we want.

[2:14:34] The 2015 decision made section 15 a the state's Bill

[2:14:39] of rights unenforceable.

[2:14:40] Yet title 20 chapter two subsection 20-13.2 ensures that

[2:14:46] marriages are lawful regardless of sex gender,

[2:14:49] or race of parties.

[2:14:52] So which is a?

[2:14:53] Remember the function of government

[2:14:55] in endorsing marriages is to issue licenses

[2:14:58] to unrelated unmarried parties.

[2:15:00] That's it.

[2:15:01] It's time to enshrine more freedom for Virginians from XO

[2:15:04] vote yes.

[2:15:05] Finally a third amendment would re-enfranchise

[2:15:09] felons who have fulfilled their obligations as punishment

[2:15:11] for their crimes.

[2:15:12] At least 7% of eligible voters in Virginia are eligible to vote

[2:15:16] -- ineligible to vote due to a 1901 Constitutional convention

[2:15:21] that intended to do an end run on the 14th and 15th amendments

[2:15:24] saying that voting was not a natural right.

[2:15:26] The bulk of the damage done to Virginia from that convention

[2:15:30] was corrected in 1971.

[2:15:31] With the amendment will give more Virginians more

[2:15:35] say in the governance so vote yes.

[2:15:37] As proponents of small government

[2:15:39] I would expect the majority of this county,

[2:15:42] much less the Commonwealth itself

[2:15:44] to vote for these amendments to remove three more limitations

[2:15:47] on their rights being handed down from Richmond.

[2:15:49] We don't live in a democracy but we

[2:15:52] are able to vote on these items that

[2:15:54] can directly affect our lives and the lives of all Virginians.

[2:15:58] Additionally residents to the county

[2:16:00] can vote on enacting a 1% sales tax that

[2:16:02] would be earmarked for capital expenses for schools.

[2:16:06] Considering the so-called difficulty

[2:16:07] we've had for the past 15 years, to expand renovate and construct

[2:16:12] new schools, this should be a blessing especially considering

[2:16:15] that much of this would be paid by passes through and tourist.

[2:16:18] Would a fantastic way to get schools in this county

[2:16:21] built and updated.

[2:16:22] I'm not a proponent of straight down the ticket

[2:16:24] voting but the amendments and the referendum

[2:16:26] I would encourage voters to vote yes straight down the line.

[2:16:30] We want more freedoms not fewer.

[2:16:32] Check the status of your voter registration

[2:16:34] and make sure you take the opportunity to make

[2:16:36] your voice heard.

[2:16:37] Thank you.

[2:16:39] [Timer chimes]

[2:16:40] [Applause]

[2:16:41] >> Steven Alabanys.

[2:16:52] >> Good evening members of the board my name is Stephen

[2:16:54] Albanese and I'm a resident of Shawnee Magisterial District

[2:16:59] which is a correction to what I wrote on the sign up sheet.

[2:17:02] Tonight I'm advocating for vulnerable people in Frederick

[2:17:07] County as well as across Virginia.

[2:17:09] I'm asking this board to consider and adopt

[2:17:13] a resolution calling upon the Commonwealth of Virginia

[2:17:16] to outlaw abortion and to provide equal justice of the law

[2:17:21] to preborn humans.

[2:17:22] They should not be a Republican versus Democrat issue.

[2:17:26] But one of morality.

[2:17:29] And are currently affects many right here in our community.

[2:17:34] Specifically I'm asking Frederick County

[2:17:37] to urge the Virginia General Assembly and the governor

[2:17:41] to enact legislation recognizing that preborn

[2:17:44] humans from conception are entitled

[2:17:47] to the same fundamental protection

[2:17:49] against intentional killing that we've recognized

[2:17:52] for humans after birth.

[2:17:54] Virginia law already recognizes in other circumstances

[2:17:59] that the intentional killing of a fetus can be a serious felony.

[2:18:02] Virginia Code 18.2 to 30.2 provides criminal penalties

[2:18:08] when a person unlawfully and intentionally kills

[2:18:11] the fetus of another.

[2:18:12] Yet Virginia's abortion statute separately

[2:18:15] creates circumstances in which an unborn child

[2:18:17] may be intentionally killed through abortion.

[2:18:19] I'm asking this board to call for that distinction

[2:18:22] to be removed.

[2:18:23] The principle I'm asking you to consider is simple.

[2:18:26] Given that Preborn, a preborn child

[2:18:29] is a human, then his or her protection

[2:18:32] from intentional killing should not

[2:18:34] depend on location or stage of development, size,

[2:18:37] or whether that human is wanted in medical scenarios,

[2:18:41] all humans should be treated as patients.

[2:18:44] Both mother and baby.

[2:18:46] That fact, the fact that people disagree

[2:18:49] about the status of preborn humans

[2:18:52] as full humans doesn't change reality.

[2:18:55] In action or complacency is as bad as the dehumanization

[2:19:00] itself.

[2:19:01] Equal justice now for equal value no matter size

[2:19:06] or location.

[2:19:07] This is the voice of the voiceless.

[2:19:11] Therefore I respectfully ask Frederick County Board

[2:19:14] of Supervisors to adopt a resolution stating

[2:19:18] that Frederick County recognizes the equal human value born

[2:19:21] in Preborn humans and supports equal protection

[2:19:25] of the law for both.

[2:19:27] Frederick County calls upon the Virginia General Assembly

[2:19:30] to abolish abortion by removing statutory provisions that

[2:19:34] authorize the intentional killing of preborn human beings.

[2:19:37] And the county to call upon the Commonwealth

[2:19:40] to structure its laws so that existing principles of law

[2:19:43] protecting innocent humans from killing

[2:19:46] apply equally to preborn humans, rather

[2:19:49] than maintaining a separate legal exception for abortion.

[2:19:53] Also

[2:19:56] [Timer chimes] Thank you very much for your time.

[2:19:59] [Applause] >> Mr. Chairman that's the end of the list.

[2:20:02] Chairman Jewell: Anybody else would like to come up and speak?

[2:20:05] You're coming up, folks line up behind them please.

[2:20:10] >> Thank you Mr. Chairman members of the board my name is

[2:20:15] Esper (Indistinct) I guess this is turning into a bit

[2:20:19] of a public forum we do have a couple critical amendments

[2:20:21] on the ballot.

[2:20:23] And the first one is an amendment

[2:20:25] that allows for unrestricted unlimited abortions in Virginia.

[2:20:29] It would strip back any control over the people who

[2:20:32] are performing the abortions.

[2:20:33] And one of the original reasons for ROE

[2:20:36] was to make sure that back alley abortions did not occur.

[2:20:40] This new amendment would not allow

[2:20:41] for any restrictions on the practices of abortion

[2:20:44] to make abortions even more unsafe.

[2:20:46] It also would roll back any kind of parental notification

[2:20:49] or parental consent in Virginia.

[2:20:51] And it would remove any kind of religious liberty

[2:20:53] and religious freedom.

[2:20:55] At risk care.

[2:20:56] It is the most broad, overreaching amendment

[2:21:00] on this topic in the world.

[2:21:05] And so it really goes beyond the pale.

[2:21:10] I have a close family member who was raped

[2:21:15] and had a child at 27 weeks.

[2:21:16] I held that child in my hand when she was 1 pound.

[2:21:21] Right after she was born.

[2:21:22] She fit in the palm of my hand.

[2:21:24] That child is now over three, is thriving and leading

[2:21:28] an incredible life.

[2:21:29] Those are the kinds of success stories

[2:21:32] that we should celebrate as Americans and as Virginians.

[2:21:35] When we talk about freedom, the most important freedom

[2:21:38] is the right to exist.

[2:21:40] And with this amendment on the ballot does

[2:21:42] is limits people's right to exist

[2:21:44] so I would encourage everyone in Frederick County,

[2:21:47] let's make ourselves known for how

[2:21:48] we care for the most vulnerable by supporting mothers who need

[2:21:53] support, by supporting children who need support.

[2:21:56] Not by making it easier to terminate lives.

[2:21:59] Just because they're in inconvenience.

[2:22:01] Thank you.

[2:22:06] [Applause]

[2:22:08] >> Thank you for giving me an opportunity to speak again.

[2:22:10] I had not planned to do that until Mr. Oates brought up

[2:22:13] about the battery storage.

[2:22:15] My name is Vicki Michaels and I am in the Stonewall District.

[2:22:19] So months ago, Mr. Oates brought up and submitted before you

[2:22:24] all about the battery storage.

[2:22:25] And it was sent to the Planning Commission.

[2:22:28] And it was also sent to the DRC.

[2:22:32] I attended both of those meetings.

[2:22:35] The DRC was mostly answered by well

[2:22:39] we're not sure of that yet, we don't know about that

[2:22:41] but it was regarding whether or not we have cup for.

[2:22:45] Then again it was scheduled for another meeting on July 23rd,

[2:22:50] which was canceled.

[2:22:51] So I frankly would like to see this come before us so we

[2:22:54] can get it settled.

[2:22:55] Because I do not appreciate hearing about how

[2:22:58] you almost had to cut the power to this entity or this entity

[2:23:05] because of lack of it.

[2:23:07] That's a threat technique.

[2:23:09] And I, I spoke earlier in a very positive manner

[2:23:13] because I genuinely feel that way.

[2:23:16] But when you start telling me that if I do not

[2:23:18] agree to something, this is what's going to happen,

[2:23:21] you're going to get my goat up.

[2:23:23] So instead of us encouraging and looking

[2:23:27] at battery storage, which means the electrical companies

[2:23:31] are required to buy power from them,

[2:23:34] which is going to only benefit the people who have the battery

[2:23:38] storage.

[2:23:39] It does not benefit us.

[2:23:41] Let's get this before us so we can

[2:23:43] get it settled so that we can see what is truth, what is fact,

[2:23:48] and what is pure lies.

[2:23:49] Thank you.

[2:23:50] >> Thank thank you Ma'am.

[2:23:53] >> Hey y'all my name's Elizabeth Bat Creek I'm actually

[2:23:58] on the ballot for November for the Bat Creek seat.

[2:24:00] I wrote to all of you that about democracy, about coal mines

[2:24:06] about canaries all the things.

[2:24:08] Begging for mercy begging for cents begging for common sense.

[2:24:11] I've asked Al to mentor me.

[2:24:13] To pass the mantle down.

[2:24:16] I'm 42 years old.

[2:24:18] Don't you think it's time for other people

[2:24:21] to take seats of power, to make decisions for our future?

[2:24:25] Thank you Supervisor Oates.

[2:24:27] For having transparency.

[2:24:29] And just talking like normal people.

[2:24:33] This data center thing, the fact that we

[2:24:35] can't have any communication about that people are begging

[2:24:38] pleading asking for mercy.

[2:24:39] Do you have any idea how undignified that is?

[2:24:42] You ask for respect and yet you don't give it.

[2:24:45] It's extraordinary to me.

[2:24:47] We're talking about people privatizing water.

[2:24:50] Those two Ashburn things when they popped on their generators

[2:24:54] they sent ripples throughout our entire East Coast grid

[2:24:57] and we're acting like that isn't happening.

[2:25:00] Our electric all over Ohio Indiana, BlackRock,

[2:25:05] is privatizing all of our resources.

[2:25:08] Y'all.

[2:25:09] Seriously?

[2:25:11] Do you not see that every county across America

[2:25:13] is fighting data centers for a reason?

[2:25:15] That they're popping up like tumors?

[2:25:18] Like cancers?

[2:25:19] China our enemy, has 400 data centers for 1.2 billion people.

[2:25:25] How many do we have in Virginia so far?

[2:25:28] It's disgraceful.

[2:25:30] Disgraceful.

[2:25:31] This is our county.

[2:25:33] This is our land.

[2:25:35] And we are Virginians.

[2:25:37] We're going to sit here and let them do this to us?

[2:25:40] These billionaires?

[2:25:41] These tech oligarchy is going to come on our land

[2:25:43] and tell us what to do?

[2:25:44] Develop all of our things and take our resources?

[2:25:48] That's why I have to be up here all the time that's

[2:25:50] why these poor people have to do this.

[2:25:52] Because y'all won't make commitments to anything

[2:25:55] because you don't have Constitution.

[2:25:56] Show us something better.

[2:25:59] I deserve respect to you.

[2:26:01] You got me?

[2:26:07] [Applause]

[2:26:09] >> My name is Alexander Ritter.

[2:26:12] I usually don't speak without having something written.

[2:26:15] I'm in pagan district sorry my bad.

[2:26:18] I usually don't speak without having something

[2:26:20] written because I get anxiety when I'm up here.

[2:26:23] But I wanted to say that I'm also running for the chairman

[2:26:28] position.

[2:26:28] And that I was thinking earlier, by the way

[2:26:32] thank you oats for reiterating that we need to keep

[2:26:36] the definition of data centers.

[2:26:38] I was thinking earlier, Mr. Willie

[2:26:43] Deutsch I don't know how to say her name he came up here

[2:26:47] and he asked, I want to hear what your position on data

[2:26:51] centers are.

[2:26:53] And every single, never heard any confirmation

[2:26:57] other than a couple of vague remarks.

[2:27:00] Besides Mr. Wells, you have released things

[2:27:06] and you're my supervisor and I appreciate your service

[2:27:09] to my district.

[2:27:11] What I want to say is as I person running,

[2:27:15] I tell you what my position is.

[2:27:17] No data center is.

[2:27:18] Prohibit them.

[2:27:19] In our county.

[2:27:20] And I want to mention that several of you

[2:27:23] up here when you're on the Planning Commission,

[2:27:25] or as a Board of Supervisors, when you're on the Back Creek

[2:27:32] District or whatever district.

[2:27:34] Have voted yes and, a couple times so.

[2:27:40] Just wanted to point that out.

[2:27:42] Thank you very much for letting me speak.

[2:27:44] I know where I stand.

[2:27:46] Maybe you should too.

[2:27:49] Chairman Jewell: Thank you sir.

[2:27:50] Anybody else?

[2:27:51] All right.

[2:27:52] Come on up.

[2:27:56] >> Wendy Dorothy gainsboro.

[2:27:58] I just want to let you know that I'm genuinely trying

[2:28:04] to understand all the issues.

[2:28:06] I'm genuinely reading, speaking, learning all the time.

[2:28:11] About these issues.

[2:28:12] In front of us, the data centers, the transmission lines,

[2:28:17] the water, the air come on how all that is going to affect us

[2:28:21] and I just do want you to know that I genuinely

[2:28:23] am trying to parse out the difference when I'm

[2:28:27] reading something online or when I hear something from you guys

[2:28:31] to.

[2:28:32] And I wish that weren't the case.

[2:28:34] I wish it wasn't that.

[2:28:37] Supervisor chairman Joel.

[2:28:39] That when we said about the data center and the proposal,

[2:28:42] making it airtight that at the very end you said for now.

[2:28:46] And it shouldn't matter to me.

[2:28:48] We should know that when you say it's airtight it's airtight.

[2:28:51] But I here for now and then I think, what does that mean?

[2:28:54] Does that mean there's a crack?

[2:28:56] Does that mean?

[2:28:58] I want to believe what you say.

[2:29:00] I do.

[2:29:03] But there's a little bit of a doubt there

[2:29:06] and I also want you to know I understand land,

[2:29:09] I understand farming, my husband is a farmer,

[2:29:12] our son came back from college and farms with my husband.

[2:29:16] I understand these issues.

[2:29:18] I understand water issues.

[2:29:19] And I also understand that agriculture in this county, even

[2:29:26] though one of you have said is a huge user of water

[2:29:29] for the irrigation, we are largely a road crop county.

[2:29:33] And with our geography, there really

[2:29:36] isn't any irrigation there.

[2:29:38] And when AG does irrigate, it goes back into the ground.

[2:29:44] Right?

[2:29:44] That's a big difference than what data centers do.

[2:29:48] So anyway, those are just a collection of thoughts

[2:29:52] that I wanted to make sure I got out.

[2:29:54] Thank you so much for your time.

[2:29:55] Chairman Jewell: Thank you Ma'am.

[2:29:58] Anybody else?

[2:29:59] All right.

[2:30:00] Board of supervisors comments?

[2:30:03] >> Yes sir Mr. Chairman.

[2:30:05] I'm going to say school has started

[2:30:07] and busses are on the road.

[2:30:10] So pay attention.

[2:30:12] Our kids are our future and just go slow and don't

[2:30:17] pass the school busses.

[2:30:19] Also, everybody talks about speeding and blowing

[2:30:22] stop signs and lights and all that kind of thing.

[2:30:25] This group in here maybe I'm talking to the choir but let's

[2:30:29] do the best we possibly can to obey all the traffic

[2:30:32] signs and all the red lights and so forth and I note you look up

[2:30:38] and you say I think I can make that but maybe we just

[2:30:41] slow a little bit.

[2:30:41] That would be a big help.

[2:30:43] But basically school has started and we

[2:30:45] have kids waiting at school bus stops

[2:30:47] and crossing the road so be very careful.

[2:30:49] Thank you very much.

[2:30:52] Chairman Jewell: Thank you sir supervisor Oates.

[2:30:56] Supervisor Oates: Probably when you

[2:30:58] said for now that's because the state changes the rules.

[2:31:00] They change it a lot.

[2:31:03] Just like local counties got rid of distilleries and that type

[2:31:06] of thing and the counties.

[2:31:07] The state came back and said no you have to do it now.

[2:31:10] One being built in my district that county has no say over.

[2:31:15] They get to be that permit they get the Virginia health permit

[2:31:19] Virginia license, so the state can take the power away

[2:31:23] from us real quick.

[2:31:24] So we're doing what we can.

[2:31:27] But again, keep in mind the state they call the shots.

[2:31:32] If they come back and say every locality,

[2:31:34] just like you saw tonight about different types of housing

[2:31:38] and different lots.

[2:31:39] Every locality has to have this in their ordinance.

[2:31:42] If they tell us we have to have it

[2:31:45] in the data center in the ordinance,

[2:31:47] we're going to have to put it back

[2:31:48] in because that's state law.

[2:31:50] We have no choice.

[2:31:51] So that's the for now.

[2:31:54] The second thing is, what was brought up

[2:31:57] about the energy corridor.

[2:31:58] For the transmission lines.

[2:32:00] I guess Mr. Bishop, since that was something

[2:32:05] we needed to look at the Comp plan

[2:32:07] it sounds like it's time sensitive is

[2:32:09] this something we can pull off?

[2:32:10] Or is this, where are we at with this?

[2:32:14] >> Frankly ideally you would do it as part of your normal update

[2:32:17] as something that was already discussed at the work session

[2:32:20] within that scope.

[2:32:21] If you're trying to do something the board

[2:32:23] wants to direct us to do something sooner

[2:32:24] you'll have to follow your normal public hearing

[2:32:27] requirements and that sort of thing and of course

[2:32:29] give us the time to actually draft it.

[2:32:32] It's probably the primary example nearby example anyway.

[2:32:35] Of a locality that's done that and while there's,

[2:32:40] devil's in the details the general guidance in there

[2:32:45] is that they're trying to keep them

[2:32:47] within the existing corridors.

[2:32:49] Definitely more detail to it than that.

[2:32:52] But I wouldn't expect a recommendation

[2:32:55] much different from that from us unless you

[2:32:58] want to start an entire another data center and power line

[2:33:02] discussion that could stretch out endlessly.

[2:33:05] So that's a long answer.

[2:33:08] But to answer your direct question

[2:33:11] of if we can modify your comprehensive plan and a quicker

[2:33:14] order than what we're currently doing with the update,

[2:33:16] yes we can we just need to go ahead

[2:33:18] and put it in the schedule.

[2:33:20] Supervisor Oates: I would prefer we

[2:33:22] take a look at that have our county

[2:33:23] attorney our new attorneys assigned on

[2:33:25] and staff take a look and see if that's something we

[2:33:28] can get done before November.

[2:33:30] Strengthens (Indistinct).

[2:33:34] That's all I have.

[2:33:37] Chairman Jewell: Anybody >> I would move we adjourn.

[2:33:45] Chairman Jewell: We are adjourned.

[2:33:52] [Background conversation]

Board of Supervisors

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