[Captioner present]
[Background conversation]
>> Good evening.
I call to order the Board of Supervisors meeting Wednesday
August 12th 2026.
We have before us Pastor Ross Holzberg
from new Hope Lions Church who will
be delivering the invocation.
Pastor thank you for coming out tonight.
>> Please stand.
Let us pray.
Almighty father the creator of the universe
come the sustainer of the universe.
We lean into your wisdom.
Knowing that you are ever present.
Omniscient and omnipotent.
Tonight in this room there will be words
spoken with great passion.
Hopefully with great wisdom and insight.
Might we be reminded that you are the God of all creation
and therefore are called to love one another.
And rightfully disagree.
In rooms like this.
Give to our leaders the wisdom needed
to discern what is best, not just for the hour
but for the future.
We thank you for those who are involved in our education
system, as today was the first day of school.
We ask, O Lord, your divine protection from the evil one.
Throughout our entire county.
Your gracious, you are kind, and might we find ourselves
filled with wonder of who you are.
In the name of Jesus Christ.
Amen.
>> Vice Chair.
>> Remain standing.
Pledge of Allegiance to the flag.
>> I pledge allegiance to the flag of the United States
of America and to the Republic for which it stands,
one nation under God, indivisible,
with liberty and justice for all.
>> Thank you.
Next up is the adoption of the agenda.
How would the board like to handle it?
>> Chairman I would move for the adoption of the agenda
as presented.
>> All those in favor.
[Members voting aye]
>> We have an agenda perfect.
Next item up is citizens comments.
Now this is for agenda items that are not
subject to a public hearing.
Madam clerk?
How many do we have signed up?
>> Mr. Chairman we have right now 17 folks signed up so I will
call the first name and the second one to queue so that we
can keep it moving.
>> Okay a couple things please.
When you come up, give your name, your magisterial district
and you have three minutes and we're
going to ask you please keep the applause because when
she's calling the second name, people can't even hear it.
We got a complaint the last time about their name being called
and they didn't even know that it was being called.
So just let it flow.
Okay?
Please.
>> Donald Matlock followed by Vicki Michaels.
>> Evening Donald Whitlock from the Gainsborough District.
Good evening Mr. Chairman and members of the board.
I live on Babbs Mountain Road in the path of the Valley links
proposed study routes for its Valley North project.
I'm here with a coalition of neighbors from Babbs Mountain
Road, who has spent the past month working
alongside her county staff on a challenge we all share.
We have connected with more than 200
of our neighbors, families in the path of these lines,
to bring them evidence based factual information
about what's coming and how we can respond to it.
We see ourselves as partners with the board in this
and we have tried to do our part.
Informing the community and doing research
so that you are decision makers have solid evidence
based policies to work from.
That research is now in your hands.
We have delivered two reports and two formal proposals
for your consideration.
Like in July, we don't want to comment with just objections we
want to come with workable solutions modeled
on what has actually succeeded in other counties
across Virginia.
That's why I'm here tonight.
Alongside my neighbors from Babbs Mountain Road.
We know that you do not have control
over the final decisions.
That these decisions are made by the SCC.
We are not asking you to promise anything you can't deliver.
Instead, we are asking you to act on the research
and to use what we've learned from other counties
and to leverage our, your authorities to influence
the siting of electric transmission lines.
Specifically we're asking for you to do two things.
First, direct the county to draft an electric transmission
infrastructure and corridor policy
amendment to the Comprehensive Plan
to be approved before Valley Link files with the SEC.
The timing on this is everything.
The comprehensive plan is the primary tool
this county has to influence the SCCs decision.
And without it, Frederick County has
no ground on which to stay in.
The second, is to take action on our two proposals.
One funds a citizen led advisory group
to this board, a team of experts,
to build the technical and legal record the county's case
will need.
At $250,000, the same amount our sister counties have each
committed.
The other creates by ordinance a standing energy corridor program
guided by a citizen led steering committee
and reactivates our county's conservation easement authority,
which is currently not taking applications.
But when leveraged, would help deter and prevent
transmission siting through our protected lands for years
to come.
Other counties acted early and used the tools they already had.
And it changed where the lines went.
The research on this is clear.
Our timing is key.
Before Valley Link goes to the SCC.
Working together we can do the same for Frederick County.
Thank you.
>> Thank you.
>> Vicki Michaels followed by Wendy Dorsey.
>> Mr. Chairman supervisors my name is Vicki Michaels and I
live in the Stonewall District.
I have to say the Facebook has been busy.
With telling us that you all have already
decided how you're going to vote on the two pending
applications for data centers and it'll
be for Twitter's decision and who the bad guys will be.
I am choosing not to believe it.
Because money can influence a lifestyle, but quality of life
equals happiness and you all are intelligent enough
to realize that.
And most importantly, you are our leaders and men
of integrity.
My father always told me that integrity
is who you are when no one is watching.
When you look in the mirror, who you see back
is more important than what others see.
Webster's dictionary defines integrity
as the quality of being honest, complete,
and fair in your morals.
All that I have was given to me by God,
and we are charged to be accountable good stewards.
Stewards of honor, good stewards of what we have been given,
good stewards of our land and water.
Thank you for being transparent honorable men of integrity who
are good stewards.
I trust that when you vote on the amendment
to remove data centers as an allowed use and all
of the county's zoning districts,
it will be implemented quickly and has
been written to ensure no loopholes, specifically
in the TM and flex areas Flextech areas.
And that it defines what a data center is and then prohibits
them.
From every zoning district rather than removing them
from any mention.
Some weeks ago, I asked that you do your due diligence,
I'm asking that before either of the two applications previously
submitted can be considered any further or voted on.
That you have a water study and environmental impact analysis
completed.
Regarding transmission lines, for the record,
a meeting held by invitation only is not a public hearing.
[Applause] To quote my favorite fictional character
Spock, the needs of the many outweigh the needs of the few.
Your constituents have made it clear
that the many do not want 220 acres of rural land rezoned
to make a few people rich, building a data
center at the detriment of Frederick County land water
and peace of mind.
And for that matter, any data center especially one
that is going to be directly across the street from residents
at the gateway.
A vote in such a manner that you are
proud of the man looking back when you look in the mirror.
Thank you.
[Applause]
>> Wimpy Dorsey.
Followed by Gary Shepherd.
Wendy Dorsey.
>> Folks it's exactly why we asked please keep the applause
down.
Could not hear it and I -- several complaints at the last
meeting for the same reason.
I appreciate your enthusiasm, I appreciate
that you agree with them.
But hold the applause please.
Give the folks that are speaking some respect to.
Thank you Ma'am.
What's your name Anna --
>> Wendy Dorsey Gainsboro members of the board thank you
for the opportunity to speak to you tonight.
I'll be clear with you up front so you can be certain where
I stand and what I ask of you.
I am opposed to any and all data centers and megawatt
transmission lines in Frederick County.
I'm on the Frederick County Conservation Easement Authority,
the mission is to preserve undeveloped land.
This has been set up to promote business land
owners with their placing their land into conservation easement.
We are not a fully functioning authority as we cannot hold any
easements without funding.
Because of this, anyone in Frederick County
who wishes to place property into easement
must use private entities such as Potomac Conservancy.
Conserved properties using private entities
do not have access to government resources and personnel,
like the state Attorney General, to utilize
when our concerned properties are in jeopardy
as they are by Valley link.
Our properties have been specifically
targeted by Valley Link because they are undeveloped spaces.
Help defend the property you have told us you value.
Fill the gap that is left because there
is no way at present to put our land and conservation
easement with Frederick County.
I ask that you show you will defend that which you promote.
Additionally, for both power lines and data centers,
many things were set into motion before information
became public.
Many of us are concerned that residents and natural resources
are not a priority.
Not being protected and respected.
There is no out of the way place where a data
center can be safely put.
A data center is not a standalone building,
they create a campus of substations, transmission lines,
gas turbines and generators.
They use huge amounts of energy and water.
I spoke to Frederick Water today,
and a very rough estimate I was given
is that in total, all residential customers
in Frederick County use 3.2 million gallons a day.
With 18,000 residential connections the math comes up
to about 178 gallons per day per connection.
The would be developer of the proposed Winchester Technology
Park, estimates that even with the closed loop system they will
use 10 to 20,000 gallons per day.
But have asked Frederick Water to supply them with 120,000
gallons per day as a buffer.
Frederick Water has agreed to supply this amount and more.
If necessary.
We here as in a June 17th work session R1 40 minutes,
water is not an issue.
But a statement one month later said
Frederick water is fortunate to have a variety of water sources
and Quarry reservoirs but those reservoirs
could be depleted quickly under excessive demand.
We ask the community to act now to avoid
the impacts of severe drought in the future.
This is without data centers in the mix.
>> Thank you madam.
Thank >> Gary Shepherd followed by Elizabeth Aylor.
>> Good evening board.
Supervisors.
And chairman Joel.
My name is Gary Shepherd.
I have the privilege of being the president
of the current battlefield Association.
Our battlefield, if you haven't visited,
is 355 pristine acres of very early settlement land.
In Frederick County.
It is also the site of three Civil War battles,
and the KB a, 17 members on the board all volunteers,
maintain that entire property.
Our interest is not only maintaining
the property and the mission of teaching history
and preserving the history of the battlefield,
but also to be a part of the historic community in Frederick
County and Winchester.
3/5 of the battlefield is in the county.
2/5 is in the city.
So you all have an interest.
And one of the interests we have is our view shed, the water,
and the electrical use, and the noise that these data
centers are going to generate.
We understand the need for data centers.
Somebodies got to maintain the internet,
somebody's got to store the data.
There's plenty of other places in Frederick County.
Where these data centers can be placed, where they're away
from everybody and isolated.
You can't put them near residential areas.
One thing that keeps getting missed is the noise.
And I'm talking about the low frequency noise.
The 35 decibel and below.
And the data centers keep avoiding this
and they don't want to do a study.
If you've all followed what happened in Havana Cuba,
at our consulate to our embassy people, our State Department
people, they all came down with these mysterious ailments
of headaches, nervousness, sleep problems.
All of the kinds of aches and pains.
And this is going to be from low frequency noise being
shot at the consulate.
That kind of disturbance across from neighborhoods,
like where the two are now planned, will be a problem.
They also will cause breathing problems
with animals, that's a problem.
We've got 80 head of cattle, being
run on the property as part of funding for the battlefield.
That's going to also affect other farms as well.
But it's also going to affect the residents that
live right across the street.
Doesn't matter to me whether they put up 14 foot berms
or not.
Thank you.
>> Elizabeth Taylor followed by Arisa Ostertag.
>> Hey y'all Elizabeth Aylor Back Creek.
I stand up here again before you to remind you
of the precious resources that we have in amongst us
in our community.
Where such guardians and stewards
of this great Shenandoah Valley and the Appalachian Mountains
and what privileges we have to be
Americans and Virginians here.
I work in a global marketplace.
Every single thing that is coming down
the pipe to us starting with data centers, is an illusion.
It's not real.
It's rich men selling stuff to other rich men
and keeping a divide because it isn't us against us,
it's us against them and they're coming.
They're coming for our rural lands,
they're coming for our water, they're
coming for our way of life.
Now I took a pledge of allegiance
under God in order to be able to be a guardian and a Steward
and I will fight to the death for that.
I am a patriot.
As are you.
I am also a historian and I have read
so many stories of heroes and American patriots
and good men that stand against the tides during hardship
and prosperity to protect us.
And I believe and I trust in all of you
that you will listen to the voices
here as community members, as citizens, as neighbors.
Our community is not a business.
It's our home.
What do we do in a world where they come for lightning bugs?
That are going to go extinct?
Can any money ever replace that?
What do we do in a land that they don't value, water itself?
Sustenance, life?
We have the opportunity to work together in order
to create abundance for future generations that
could be extraordinary.
Things to be proud of.
Legacy.
Honor.
These are the things that we need to invest with.
Soulful work together.
Community, neighbors helping neighbors,
that's how we've always been.
That's how our roots run deep.
We're all connected, we're all kin in that way.
One one is busted up on the side of the highway you stop.
If some family member is passing,
you hold them in their grief.
If a mother needs you to hold their child you do it.
Because that's the honorable thing to do.
We're sitting here talking about money and money don't have
nothing to do with any of this.
Nothing.
We're better than this.
And I'm telling you, there is a storms coming for us.
Things you don't even realize.
These tech oligarchs and these billionaires are psychopaths.
And they don't care about us.
They're coming for us.
And I'm Warning you.
I've been Warning you.
Have mercy on us and protect us, be the men that we deserve.
Thank you.
>> Thank you Ma'am.
>> Theresa Ostertag followed by Alexander Ritter.
>> Name N --
>> Hello my name is Theresa Ostertag.
I am from Battle Creek.
It's adding words oh my God -- just one second.
I want to start by saying this.
We have so much to be thankful for.
We live in this beautiful county where
we are blessed to have our precious people land on water.
Because all our very fragile.
Kind of like you don't want a fox in a hen house
we don't want data centers either.
Or gas turbines creating power.
They come with a huge cost as well.
They cannot be discounted or undone.
We have an incredible amount of talent value
and worth in the people in this room including you guys.
We have to find a way to trust again.
But until these things get locked down in policy,
but also that you do not include high energy use facilities
on the comprehensive plan which include solar, substations,
data centers, utility corridors and tech corridors.
Putting them in the comprehensive plan
is like creating a nest for a bird,
a bird will show up if you build it.
If you create all the things in this plan
our future will always be on the hook.
Please honor this survey and the wishes of the people
above anything else.
Even ahead of the developer inside of you.
I'm going to end on this.
This is where it added words.
Recently in Loudoun County the board member
said this is about a data center application.
The daycare approves of this application.
These businesses approve this application.
It is an industrial zone, this location
is not in a residential zone, and the developer compromised.
These are the words of someone elected that made promises.
They aren't keeping.
Please don't be them.
Thank you.
>> Thank you Ma'am.
>> Alexander Ritter followed by Paige.
>> My name is Alexander Ritter I reside in the Pecan District.
I wanted to say that I support the broader
goal of this amendment.
The ordinance amendment to remove data centers.
However if the goal is to prohibit them then
we need to ensure that the amendment actually does that.
Which as currently written, I do not believe it does.
Let's talk about the draft that I read that was sent out
on August 7th.
The draft deletes the data center definition
and removes the room from the use matrix
but nowhere is there any mention that data centers
are prohibited.
Normally, simply removing a use and leaving it unlisted
in the ordinance would ban it.
But Frederick County is different.
Let's take a closer look at why that is.
And the use is not provided section was just added
to the ordinance on May 13th of this year,
it establishes a process for handling unlisted uses that is
uses that are not listed in the zoning ordinance.
It directs the zoning administrator,
who is underneath the planning Director,
when a use is not listed to determine the most
similar listed use type and to treat the proposed
use as the same as that one.
And a use as prohibited if the administrator
finds it similar to nothing in the ordinance.
So if the administrator determines
that an applicant comes in and they submit a project
and they look at the use and they say oh, it's
similar to let's say a warehouse.
Which is an existing use type.
Then we have a problem.
A warehouse is by right and several districts making
that project by right by default.
Administrative approval without a hearing.
No of course you can provide us with a assurances
that a project would not be interpreted in such a way.
But because it is not written in chapter 165
there's nothing binding anyone to those assurances.
Additionally the sections on use is not provided,
never gives any clear criteria for what a similar use is
and the lack of clarity regarding
what constitutes a simple use is equally problematic.
The ordinance doesn't tell us what
makes one similar to another and even if the zoning administrator
does not determine a data center project to be
similar to any other listed use, an applicant
could choose to challenge that determination.
The developer could argue that the facility is actually
a warehouse or some other existing classification.
The question is, what provision of the ordinance
prevents that argument from being made.
It's important to ask these questions because if you think
a developer won't exploit that, well they most certainly will.
And even if they didn't the ordinance
shouldn't give them the opportunity in the first place.
Good zoning law shouldn't depend on everyone agreeing forever
about what the drafters intended.
It should just say what is and isn't allowed.
So if you intend to ban data centers,
let's ensure that the amendment accomplishes that.
Keep the definition, expanded, keep
the data center with every cell empty,
that's how it's written in the ordinance.
Amend to bar administrative reclassification
and applying language stating that data centers are prohibited
use.
Thank you.
[Applause]
>> Page followed by Cleo's Trebatius.
>> Hi my name is Paige I'm from Gainsboro.
I am so tired of having to come here and fight for our county.
For the data centers, for the Biolink, everything.
I have five kids and I would love
to be spending time with them.
But on the other side of that I have five kids
and my kids see that their mama shows up
all the time to fight for the place that they live in.
I'm so tired of hearing, we need to run
Project County like a business.
And respect the people in Frederick
us because you guys are businessmen.
But when you're using data centers like a payday loan,
it doesn't feel like we're running it like business.
I live six minutes from this aqueous thing at the triple J.
And I'm not even in the little barrier thing
invited to the thing, but I will be detrimentally impacted.
My five children will be detrimentally impacted.
My asthma, their breathing problems coma detrimentally
impacted.
I understand there's only so much you can do but like we need
y'all to stand up in a bold way.
To show that you two, respect Frederick County.
This is our home.
This is our heart this is our community, our village,
we want development because it's coming right?
We want growth but we want it great.
We want it so that our children, my 20 year old my 19 year old,
my 119 and six year old can come back and work actual livable
jobs.
Can be proud of the county that they live in.
Can afford the McMansions we see everywhere.
Because they work here in Frederick County.
I want that for them.
I want our schools to be the best.
Because that's why Virginia is supposed to be known for.
I want all of our stuff.
Leslie Spencer famously has said that here on the East Coast
Frederick County is one of the last places
with actual real dark skies.
You can turn off your lights in your house
and we have true dark skies.
I can see the Milky Way from my back deck in the cold.
We need to protect that like our lives depend
on it because they do.
Like Frederick County is not fire
so we don't need to hack everything up
and we don't have money and take it to the pawn store.
I'm tired of hearing we have plenty of water and then a week
and a half later I get a Warning hey conserve your water.
In my neighborhood there's a pond that is spring fed
and for the last four years I've watched it dry completely out.
I live up by North Mountain and I watch people on Frog Hollow
come out their wells bottom out.
We have a problem already.
And it's just going to be exacerbated.
Please take care of us.
We need you.
[Applause]
>> Leo followed by Chuck Tinsley.
>> Good evening board of Supervisors.
My name is Cleo, I'm actually a resident of Winchester City.
That data center is.
That language needs to be removed, or sorry the language
around data centers being removed entirely
instead of it being deliberately prohibited,
your reasoning for that might be beyond,
at least the public understanding as to the why.
But as you've heard everyone behind me
very passionately express, it needs
to be explicitly clear that data centers are not welcome here.
Simply removing the words does not
mean that data centers are not going to be allowed right?
It just opens a Pandora's box for what could be a data center.
If the county isn't going to specify specifically.
The corporations and special interests
will always look for loopholes and ways
to extract our resources and exploit our land.
The people of Frederick County here tonight
do not want to continue to declare time and time again
for months now, that they do not want data centers.
Your role as supervisors is to represent the interests
of your constituents.
Not out of state developers or even local developers,
if their interests involve just getting money.
Right?
They can make as much money today
and tomorrow, they really are not considering
our children's future.
Our water, our lands.
And the impact that this kind of development
will make and exacerbate the current climate crisis as
described.
So while I may not currently be a resident of Frederick County,
I know I am not the only one Chester City
resident here tonight.
Standing in solidarity and opposition
against reckless development, not to mention
Valley Link even just thinking about data centers
but it is all the same struggle.
For our water, our lands, and our lives.
Not just our way of life but truly our lives.
Data centers in even Loudoun County impact us.
So a potential data center that is a mega size 220 acre data
center would no doubt have negative impacts
for all the people who are surrounded
by Frederick County, namely Winchester city residents.
So please protect your constituents,
protect our environment, and prohibit data centers
once and for all.
I would like to end my time with a quick quote from Aldo Leopold.
Conservation is getting nowhere because it
is incompatible with our Abrahamic concept of land.
We abuse land because we regard it
as a commodity belonging to us, when we see land
as a community to which we belong we may begin
to love it and respect it.
>> Jack Tinsley followed by Terry Flynn.
>> Hello everybody.
My name is Jack Tinsley Gainsboro.
Let me tell you all about West Virginia.
West Virginia lost their fights a long time ago,
two bills were passed that stripped authority
from all the cities, the counties, the local governing
bodies, the people themselves.
To have any input on the construction and use of data
centers and they have confidentiality provisions
so their people can't even know what's being built.
Because of that the people have had to pay over $250 million
in increased taxes and our neighbors
here in Berkeley County are going
to see three rate increases for electricity in the next 18
months, two of which are going to be within the next six
months.
Do we want to see that happen to us?
That's right.
And that's why you all have people united
across political spectrums and backgrounds
because we're fighting the same fight and we have a common enemy
and that's the data centers and the transmission line.
So I appreciate what the county is signaling cherry juice
said that he wants a ban.
I appreciate that.
The Planning commission voted 10 to 0
denying Equus which was beautiful.
Gateway withdrew.
But that doesn't mean they can't reapply again.
Equus is having an invite only bring your ID meeting
at the Clearbrook Fire Department on the 25th
to intimidate and cajole our neighbors into supporting
their plans.
We need and demand more than the first step
to ban future data centers, we need
to demand a rejection of all of them in our county right now
today.
We've got two live applications at the board
can shoot down at any moment.
Attorney Fox said that he was scared that we'd get sued.
So what?
This is America.
You can get sued for anything that
doesn't mean they're gonna win.
They need to prove that they have vested rights, that's
saga significant affirmative governmental acts.
Plus good faith reliance from the developer.
Plus extensive obligations made and substantial expenses
paid in diligent pursuit with a 10 to 0 vote on Equus,
the withdrawal of gateway there isn't saga
there's not even a week saga.
Nothing.
So what are you afraid of?
Barnett.
Alike now.
Do your job or put people in power that will and believe me
there are plenty of people behind me
that are already running for U.S. Seats.
So we'll see you in November, we'll see you again in a year
after that because we're not going away.
I have a QR code for folks to see where they're registered
to vote if they're registered to vote,
how to register to vote so see me outside
and I'll tell you what else we're planning
to stop these data centers.
Thank you.
[Applause]
>> Terry Flynn followed by Todd Folmsbee.
>> Good evening.
My name is Terry Flynn, I'm from the Back Creek District.
And I agree with all the comments.
I just want to bring forth two comments for the transmission
lines that I have not heard spoken.
As far as the transmission lines go, we live in a valley.
Are air quality is stagnant as best
and you want to bring in transmission lines that are only
going to increase the stagnation, the radiation,
and anything else that would come from the lines.
And as far as the lines go also they
want to take up your forms, your orchards,
these are our last hope for clean food.
Our last hope.
I pray that you will not take it away.
And as far as the data centers go, why do we need data centers?
What's the purpose of them?
We have smart watches, we have computers, we have smartphones,
we have smart appliances, we have smart TVs,
now we have cars that will dictate
or can tell you when you're capable of driving.
And from what I have read today, I
do believe that coming down the pipe we're
going to have grocery carts that are going to take your pulses,
your respirations, y?
Why do they need all this information?
Did we not learn anything from the COVID pandemic?
(Indistinct) they made a problem in common with a solution.
I pray, this is down the road it may not happen tomorrow
it may not happen to years it may not happen in three years.
But the writing is on the wall and I
pray that you would vote accordingly.
Thank you.
>> Todd Folmsbee followed by Rebecca Rieger.
>> Chairman Board of Supervisors my name is Todd Folmsbee
I'm a resident of Frederick County on Quam district I'm here
tonight because I have deep reservations about allowing data
centers.
Development or county because I believe
that this board has a responsibility
to be the protectors of the people who live here.
And I'm asking you tonight to table the vote
and take the time to finalize the language.
To protect our county.
Understand the argument for simply deleting references
to data centers sounds like a good thing,
but deleting something is not the same as prohibiting it.
The distinction matters especially
given how the (Indistinct) are written specifically
to address the use as not written concern.
If the ordinance does not specifically
prevent data centers an unlisted use
can still be evaluated through a closest comparison process.
And that's, if we remove the language that
identifies the density while leaving the door open one
could come back with something else a warehouse, storage,
light industrial use so I'm asking the board
to make five specific changes.
First one in the referral to the Planning Commission
so the commission can fully examine the implications.
Second retain and expand the definition of a data center
don't delete it.
This definition has to stay there the definition matters
because the county can't effectively prohibit something
that's failed to define.
Third write an actual prohibition in plain language.
Data centers are not permitted in any zoning district period.
Do not simply delete the term.
Fourth, please keep the data center row in table six one,
and just leave that row empty and empty
prohibited use row communicates something very
different from making the use disappear potentially
allowing it to be treated as an unlisted use.
Lastly please close the administrative reclassification
pole.
I asked you to add explicit language
to prevent a data center from being
classified as a warehouse storage or any type of event
use.
You know I would not stand here and tell you
every data center is going to cause
property values to collapse.
Overstate the evidence but research in Northern Virginia
negative properties property values in this county will drop
and I don't want mine to drop.
Energy costs are more concerning Virginians on analysis
so that increasing data center demand
is going to raise the costs for everyone.
We're all going to pay more for power.
We're all going to pay more cost will get pushed to taxpayers.
This is not about an industrial building someone
else properties it's about our electric bills it's
about our infrastructure in our neighborhoods,
it's about our property values and it's about
whether people who live here have
meaningful protections before these enormous facilities
arrive.
We're not asking you to rush, we're asking you to pause
to fly and protect.
Please table tonight's vote (Indistinct)
keep the data center definition in here
and write an unmistakable prohibition of the ordinance.
Please make the ordinance say what you mean.
Most importantly please remember who you represent,
the residents of this county or trusting you to protect
the place we call home.
Thank you.
[Applause]
>> Rebecca Rieger followed by David Dixon.
>> My name is Becky I'm a Gainsboro resident I'm also part
of the coalition of neighbors that have shown up here to be
a thorn in the side to anybody with valid link.
I'm here tonight, last week I went
to Loudoun County for the first time in a long time,
don't generally go over that side of the mountain.
What I saw was surreal and dystopian.
Data center after data center, nothing that was the entire view
shed that we had.
And I thought to myself what does that have
to do with Frederick County?
What do we want that here for?
We do have industry here Sherry.
But not like that.
Empty warehouses, that's not going to bring employment here
to the community.
It's not going to bring what we need in the long run.
We need long term sustainable growth.
So we're watching other counties right now.
Fight the same thing.
And we're looking at our board and the moves look right.
We're going to take data centers off the table.
I think it comes in the right direction, but also what
about the existing projects?
Right now we have Clearbrook going
through an invite only meeting as page said.
By the crow flies it affects our neighborhood
but we're not allowed to go.
Is anybody from the board allowed to go?
Who is going to be there with the citizens standing up
for them?
Making sure that their rights and their land is protected?
Sometimes to me it feels like we're
hedging our bets here so that we make
the corporate businesses happy and we make our citizens happy.
Last time we were here we talked about the SCC,
we were told to send letters.
Those letters were essentially trashed.
There is no case.
So we cannot write them at this point.
Why are we being sent on goose chases?
If we don't know at the end of the day in business
it's okay to say that.
I don't know.
I'll get the answer for you or we'll figure this out together.
That's what I learned in almost 20 years in corporate life.
So yeah.
With the data centers, like I said it's
a step in the right direction.
But at the end of the day, we need
to do what's best for our community.
With Clearbrook it will pay 237,000,000/20 years.
That's 4% of our revenue each year.
At the end of the day if this bubble burst is it worth it?
Will be left the citizens you as well as citizens
will be left with a detriment.
We don't want to look like Loudoun County.
We don't want to look like a dystopian future,
we want to look like Frederick County we
want to grow and sustainable ways that can make sure
that our children, and we have a place to retire and live.
The future to come.
Thank you.
[Applause]
>> David Dixon followed by Jennifer Smith.
>> My name is David Dixon with the Stonewall District.
My first agenda is how Frederick County
says they're banning data centers from the counties
own nauts who are removing the words data centers not
the same as prohibiting them.
And it's written into ordinance to ban them.
Second last time I spoke, I commented
about the extreme level of how the Valley Link Power Line
project is affecting the Dixon family farm and many others
in the county.
How they are trying to run the power lines over
top where members of my family are buried in the Dixon Family
Cemetery.
My family that has passed deserves
to be able to rest their souls in peace.
Also I have a three year old daughter, and her health
and to think about.
Is where this cannot happen.
All I'm asking is to follow what the Clark County
Board of Supervisors are doing for their constituents
and follow their protocol.
I heard Frederick County has put aside $250,000 towards attorney
fees, I'm not sure exactly if that's true or --
Clark County is at 750,000.
Lastly with the studies being conducted
with the mining for the Quarry, the property of the Quarry,
that is supposed to be a buffer zone tax mapped by the 30
for a ten C beside my property 451 Grace Church Road
in Clearbrook a buffer zone for its entirety.
I would hope the survey of route 11 with the mountains
and mounds of dirt will be a lesson learned
as the wild buffer zones are so important.
Also I disagree there needs to be no noise
ordinance for our farm animals.
Like what was mentioned of another meeting,
I don't know if that was a joke or what.
But we don't want a Loudoun County Frederick County.
>> Thank you.
>> Jennifer Smith followed by Kurt Kreuger.
>> My name is Jennifer Smith I'm from Stonewall.
So the data center that you guys are potentially
going to be voting on is in my backyard.
I had the wonderful opportunity of going to Loudoun County
this weekend and drive down Loudoun County Parkway.
And see all their fantastic data centers.
And they're still building.
I can't, all the way up to Dallas Town Center from Loudoun
County Ashburn is data centers.
And their massive.
Their huge.
And they are probably as tall as some hotels.
Massive fenced, and in the news we continually see
those neighbors or people in the community complaining
about the smog and the generators and the smoke
that it is bringing, the noise and everything else that
comes with it.
My concern is and everybody's bringing up
that you guys are going to vote to remove data centers.
They're saying good fences make good neighbors is
very big in this situation.
Clear boundaries of what we will and will not allow is important.
That's how companies don't sneak in.
Corporations have a huge history of coming into rural communities
and abusing them.
They come in, they see land, they
see people who can't afford to fight them,
and they use that in their favor.
Because they know that they can take advantage of it.
They strip their resources, and they
leave these rural communities behind without jobs,
with all the environmental dumping, and all the health
problems that come with this.
And they walk away.
They are not held accountable, nobody thinks about it.
And a few people in the county get
rich while most of the people suffer for it.
You guys are elected officials.
You are elected to represent us.
Those businesses are not electing you.
They're out of state, they are out up in Washington,
they're spending millions of dollars
to lobby to take our rights and our votes away from us.
To get what they want.
You need to set strict boundaries, strong fences,
that benefit your community.
The people you represent, that is what you are here for.
We are your community.
Our investment, our lives, our future,
that's what's important to you and you
need to reflect that, when you make decisions.
That is not an option.
That is what you are elected to do.
That is your oath.
And you should stand behind that and stand up
for what you're supposed to be here for.
And that is us.
Thank you.
>> Kurt Krieger followed by Blaine Dunn.
>> Members of the board chair Joel.
My name is Kurt Krieger I live in the Back Creek
magisterial district.
This evening I speak for myself without compensation
from anyone.
I'd like to speak in favor of agenda item
13 C referral to the Planning Commission
which you will then hear back in another public hearing.
Removing data centers as an allowable use.
Smart girl with America a well known national organization
in April 2026 published a story called
Data Centers Are Here and more are coming our zoning
is not ready.
In the article they conclude unlike traditional industrial
uses data centers generate very few jobs relative to their size,
require enormous amounts of electricity,
and significant quantities of water
they may look like warehouses but they function more
like major pieces of energy infrastructure.
So let's talk about data for a minute.
Energy infrastructure includes things
like nuclear power plants.
So we should be looking at them in the same light.
My only question is why are you slow
walking this code amendment?
It's been three months since the county attorney
originally pro offered your choices.
And that was May 13th I believe.
So here it is now well into August.
Action is necessary.
Public health safety and welfare requires all hands on deck,
no delays are warranted in a concerted effort is required,
to act responsibly to remove data centers from the County
code.
Speaking of acting responsibly, members
of the Board and Planning Commission county staff
have a duty to represent the public interest.
Not their personal private or business interests.
During your joint work session July 23rd,
during the breakout sessions I was shocked when the Vice Chair
of the Planning Commission Roger Thomas the most senior member
of the Planning Commission, offered his opinion that
the McDonald farm in the Back Creek District Carson Lane
Heights Road is a great place for a data center because quote,
it's surrounded by solar fields and junkyard and a substation.
Notwithstanding that the farm is miles away from the water
service area, miles outside of the urban development area,
and three miles west of I 81, according
to the adopted policies and plans you put into place,
it is inconsistent and incompatible
for development as a data center.
Moreover the solar field junkyards and substations all
are exist with the approval of the county
or the aqueous and so the county.
So you created the instance the circumstance the environment
and then it's being used as a cudgel against people.
The enrichment of one land owner at the expense of many
is not securing the public interest responsibly.
I urge you to put an end to the 15 month
saga of leading the McDonald's on and taking data centers out
of the code.
I would further suggest that other pieces
of energy infrastructure also be removed from a thank you.
>> Blaine Dunn followed by Pete Soloski.
>> My name is Blaine (Indistinct) those opposed
to data centers have raised the following issues.
Water, power, save the view, budget issues,
National security.
The board has the ability to allow
for data centers in Frederick County address
the concerns of those close to data centers.
Water, you have two firms that have more than $300,000
or gallons per day everybody else in this county businesses
needs 100,000 or less the proposal here is in the $100,000
range.
If water becomes an issue then want to state any other business
you can't come here because of water?
There are alternatives to water including
glycol dielectric and others.
You can build a data center with alternatives to water.
Power.
Electric grid right now has to be improved.
Data centers are not electrical grids
are likely to rise to deal with that improvement.
You can also build a data center next to a substation that
require the data center to go and pay
for true cost that does not pass the cost on to the consumers.
So that's an option to address that issue.
Save the view.
Redbud used to be farms.
It is now houses.
Stephens City used to be houses.
Or used to be farms not houses.
High road and Marble Road or apple orchards that are now
houses.
I don't remember a whole lot of people
saying save the view when those houses were being brought up.
Budget issues.
With the proposed data center a year ago
would raise about $50 million per year
over plenty of time frame for a simpler budget,
a similar data center in the northern part
of the county near substation would also
raise a similar amount so you're talking about $100 million.
Two years ago your residential bill state tax revenue
was about 89.6 this year it's a little bit more
than $90 million.
It's a way (Indistinct) address budget issues.
The county is expected to $250 million of new budget request
how do you pay for that?
In tax fees real estate increases that's a fair policy
question that you want to consider.
The land use for two data centers.
Would be less than one half of 1% if you had two square miles
that's county about 416mi² of land two data centers cost them
less than one half of 1%.
There's also a national security issue.
Data centers are good for business
you see the comments that China would like to encourage people
not to have data centers.
So consider that in the options that you're dealing with.
The board can go and profit solutions to issues everyone
here has raised including the noise issue.
And come to a conclusion that benefits
Frederick County with the revenue
and benefits the concerns of the people behind me.
I'd encourage you to allow data centers (Indistinct)
and then benefit everyone.
Thank you.
>> Peter Orlovsky -- followed by Elaine Goldfeder.
>> Folks.
Folks.
Everyone has a right to speak.
You may not agree with it, you may not like it,
but everybody has a right to speak.
So I said this earlier I'm going to say it again.
Show respect to the speakers please.
>> Hi thank you board.
My name is Pete Kukowski I reside in Battle Creek.
And today I'd like to speak about data centers.
Now 15 months ago or so, residents
in my neighborhood which is across from the McDonald
farm or I received a postcard and our lives changed.
We are told that a hyper data center was being proposed right
across the street.
And going to the subsequent board meeting
we were told that we shouldn't use emotion, we should use data.
And as a person that's kind of a data geek,
I kind of dived into things like water and looking at power.
But as time evolved it became very clear that it isn't just
so much water and power.
It's the environmental condition, it's about community.
Our neighborhood has lost residents just because of,
they couldn't, didn't want to deal
with the stress of living across the potential of a data center.
And that's not right.
I mean there is so much that we were building in Frederick
County in terms of community.
Our neighborhood was becoming a special neighborhood.
And with people leaving because they just
don't want to deal with that stress, that's not correct.
So we need the protection of that.
And when the board announced last month
or so that they were going to put this resolution in place,
everyone breathed a sigh of relief.
Said okay maybe we're not going to lose
our major investment because houses are our major investment.
Maybe our life isn't going to change.
But even as much as this month, we
have seen videos of county officials saying
that the McDonald farm is an ideal place for a data center
and it causes us to wonder, what is going on?
My request for this board is to come out
clearly and say what you mean in terms of data centers.
Are you going to ban them or are you going to,
or are you going to put in something that we're
going to be living year and year and year
afterwards until finally somebody puts one in
or everybody moves out because we can't
deal with the stress anymore can I we need to have this resolved.
The quality of life of everyone that's
living by a data center and everyone in the county
needs to be protected and appreciate that antifungal.
Thank you.
Appreciate double appreciate that answer from this board?
Thank you.
>> Elaine Goldbetter.
>> Good evening everyone my name is Alan Goldberg and I live
in Battle Creek district.
I'm here to speak about the impact of the large data
centers in our community.
While they support modern technology
it also brings serious concerns including high electricity
use, that constrain our power grid and raise energy costs.
Many also use huge amounts of water especially concerning
during drought conditions permit (Indistinct) increased traffic
noise and air pollution.
Before approving more data centers
we must put our community first.
Strong limits on water and energy use.
Protections to prevent higher utility costs for residents.
Communities should also be responsible for any add ons
to roads infrastructure.
Technology is important but (Indistinct)
quality of life and health.
Therefore I urge the board to prohibit data centers
in Frederick County from only to approve (Indistinct) protect
our community today and in future generations.
>> Mr. Chairman that's the end of the list.
Chairman Jewell: Okay if there's anyone
that would like to come up and speak hang on just wait come
on if there's anyone that would like to come up and speak what I
would like for folks to do is to line come on first one
to come up to speak and the other ones line up by the poll
so that we can go through this.
Name magisterial district three minutes please.
Yes Ma'am.
Come on up.
>> My name is Penny Smith.
I'm from the Pekin district.
I had not planned to speak but sitting here a couple
things came to me.
So I don't have a lot of words.
I have a couple statements and a couple questions.
I'm wondering what you gentlemen and said
respectfully come on gentlemen come on I'm
wondering what you plan to do about the brown water.
See we're not in five years ago or even three come on we're here
today , AOC the congresswoman went to Georgia
and the community was very sick.
And she brought back two jugs of brown water
and she held them up.
I ache for those people.
Everyone in this room, two, we come with our own bias.
We come with our own background.
We come with our own perspective.
And there's nothing wrong with that.
I remember at work taking a class, recognize your biases.
You don't get rid of them you recognize them.
I see I've taken more time so let me move faster.
What do you do with when I go to Loudoun County I can't breathe
and the sky is always gray?
What do we do about the Havana syndrome?
I brought that up to you before, I remember.
That was at Lake Frederick.
And we're hearing that more and more.
What do we do with the knowledge we have today that we
didn't have 3 or 4 years ago?
You can never say, after you vote,
that you didn't know because you do know.
Whether it benefits you financially,
or professionally, you know what will happen.
You know how the community feels.
And I do respect your authority, your elected position that you
represent us, I cannot vote, that's your prerogative.
That's your privilege.
So I bless you and maybe this is really really arrogant,
but okay we're worried about the drought
and now we've had all this rain, God said to me a month ago
where are you?
Where are your prayers for rain?
And I've been asking him for an inch a week.
I pray over this community.
I pray over you.
>> Thank you Ma'am.
[Applause]
>> Good evening thank you for allowing me to speak my name is
Leslie Spencer Gainsboro and I'm having a resource meeting
to help fight Valley link north at Bowman Library on August 17th
in September 1st from 4 to 730.
And I have a bookmark on how to save farmlands
and you can ask me for it tonight and, by the way
all of you and all of you behind me.
Are doing one of the biggest actions
by being here tonight so thank you.
Then God bless you and God bless Frederick County.
I strongly support removing data centers as a use,
thank you so much for listening.
But I think that tonight also gives us
an opportunity to talk and define
about what we want instead.
Maybe as supervisor comments.
Our survey was remarkable.
Agriculture and agribusiness small and local businesses,
and tourism were overwhelmingly supported.
Data centers and technology infrastructure received as 4%.
Manufacturing logistics was also really low.
We do want economic development but maybe
it's way more sustainable and requires less water
and electricity than we think.
Maybe we don't need to expand this plaza
and the UTA maybe we can study Agritourism and a small business
economy as long as we studied and talked about data centers.
That could support us.
The small business and agritourism.
Maybe we have trade offs or we have to pay a few more cents.
On our taxes.
If we don't want more industrial and high energy use.
Let's offer our people a choice.
And I think that is why we need to look carefully
at pillar for our targeted industry strategy.
Sorry.
Targeted industries are super important,
when a future project asks for zoning infrastructure or changes
to our development boundaries, we hear this,
this is an industry Frederick County said it wanted.
This is also set up what our Ada director does
and also how land is often unfortunately
land banked and assembled.
Sitting on parcels that could offer many more high wage
jobs other than a data center.
Will be our own words we have to be incredibly careful with them.
We need to make sure that every policy we
write points towards the future we actually want.
I understand he split off tourism from the Ada
but we need to add it into our targeted industry.
If we mean aerospace headquarters
healthcare research let's say that clearly.
Let's study what it would take to build the economy as citizens
described for us carefully as any other.
If there are trade offs, let's understand them honestly.
Thank you very much.
>> Thank you.
[Applause]
>> Thank you Mr. Chairman members of the board supervisors
my name is Billy (Indistinct) it's about 8:00 right now
and my daughter's back home being put to bed and I'd rather
be there with her reading a book giving her a snack and helping
her go to bed.
Why are we here again?
Despite every meeting over 95% of people
speak in opposition to having data centers
really unrestricted data centers here in the county.
Because we don't know where you as a board stand.
We don't.
Supervisor Wells has come out with a strong statement.
And former Supervisor Dunn has come out.
Most of the rest of you will not tell us where you stand.
Do you support them?
Do you oppose them?
Do you support them with certain conditions?
We don't know and in that face come on this community
is frustrated, is overwhelmed, doesn't know what to think
and what you're going to do.
And that's why every single time we
have to come out here and speak over and over and over.
So when you go to vote on this motion,
please tell us where you actually stand.
I mean I've seen some of y'all on Facebook mocking people who
oppose data centers.
I've seen one of you has come up to me multiple times calling me
out for opposing data centers but didn't want to refuse
to meet with me afterwards.
But what we have not seen is clear statements from the board
members on where you stand.
Three of you are up for election,
this is a clear issue the community stands about.
We should have a policy paper from you all or paragraph
or some kind of position statement
on where do you stand if you're running for election this year?
On this issue?
It's probably the issue in the community
that at least turns out the most people on a regular basis.
So we should know where you stand.
So when you go to this vote on this issue,
please don't just vote it through silently
like I've seen numerous motions.
But take this as an opportunity to tell us where
do you stand on data centers?
Or still have two more proposals in the pipeline.
We want to actually after, I mean this discussion has
been going on since last April.
So we're pushing a year and a half now this discussion.
It's not too much to ask to know where each one of you
stands by this point in terms of what your framework, what
your parameter is, where you would address these issues.
Please tell us tonight.
Thank you.
[Applause]
>> Hello my name is Eliza Lathrop.
I reside in the Redbud District.
I moved here last year from Hagerstown Maryland
which has turned into an Amazon warehouse hellhole.
I moved here for nature, I moved here for a better job,
I moved here for better pay, and I wound up
into another hellhole.
Data centers are a national security threat.
They are threats to water pollution, and drought,
they are problems to air pollution, noise pollution,
health impacts, environmental impacts, sinkholes,
impact on animals, insects, pollinators, things
that keep us alive.
These are not made up issues.
These are some of the main impacts that are happening
across the United States.
And will indeed affect us if you allow data centers
into this area.
There will be no city left to govern.
Data centers are routinely built in clusters,
look at Loudoun County as all the people in this building
have said.
Loudoun County is the prime example where there is one,
there will be many.
And if we open the door to a single center,
we will be completely unable to stop them from making more.
Multiple sources state that 70% of the entire world
internet, not just the United States the entire world's
internet runs through Loudoun County.
Think about the impacts of that.
Think about the danger that poses to all of us living here
to banks, to hospitals, to residents,
in the national security threat.
Think about if someone decided to attack Loudoun County.
What would that do to the entire world?
And that could be a Super Mac cities are giving --
and that could be us.
Cities are giving away billions of dollars of tax cuts
to these data centers and billionaire companies.
They are proposed profits, the proposed profits
from these centers is not a solution to our problems.
They will do very little for us and what will there be left?
We are in a drought.
We are told to ration our water.
Climate change is already creating massive issues.
And I have been to most of the data centers in this area.
And I have not once heard a single mention
of who will be in these places.
Who will be in these centers.
Running them.
Will it be Amazon?
Will it be anything else?
We don't know.
And it could change.
You all as city Council members, are
required to reside in the area that you govern.
So let me ask you this.
Will you be required to stay here
when the water is yellow mud?
And you can't shower or bathe?
When the air is gray and smog?
When all the plants and pollinators are dead?
And you can't eat the food that we grow?
And we can't even grow food?
When the ground falls apart from sinkholes?
When you can't ever enjoy a peaceful sunrise or sunset
in the Shenandoah Valley.
Because you live here.
[Timer chimes] You'll be held personally responsible.
[Applause]
>> Hello.
Hi I'm Sharon Plummer and Battle Creek district.
And just really quick.
I don't know if you guys ever saw
Erin Brockovich big movie about people fighting back
for the rights.
I have gone to several of these meetings as have my neighbors.
And I've been taking notes and documenting people's stories.
And I have started to documentary about this scenario.
And I do have friends in Hollywood and at Amazon.
And so I just want to let you guys
know that I am creating a film about this.
And if your kids and grandkids are going to watch it
you might want to think about whether you're
a villain or a good guy, are you going to save the day
or help the people?
[Laughter] So anyway I love seeing the due process and I
appreciate everybody listening to everybody's opinions.
Because this is America and we're
allowed to have different opinions.
Even the guy who disagrees.
Everyone should be able to express their opinion
but I am documenting this my name is
Sharon Plummer so you'll see me around
with my camera and my video.
And I'll let you guys know how it goes.
Thanks.
[Applause]
>> Hello Steve Caracciolo just confirmed on the line here that
I'm in Battle Creek.
So I didn't plan to speak this evening I've only actually
been to one other meeting this was only brought to my attention
earlier this year that data centers were even on the agenda.
Or possibility to be built in Frederick County.
There's a lot of data supporting why
I think these are a bad idea people have spoken about it
people are probably more informed
than I am so I don't necessarily need
to opine on that any further.
I figured I would just kind of tell you guys
a little bit about me and I feel like I speak on behalf
of a lot of the folks here.
I don't know nothing about any of y'all.
But the only other time I was in this building
was when I got my marriage certificate with my wife.
She's from here.
She grew up here.
I fell in love with her, I moved out
here I fell in love with the city and this county.
It's a beautiful place.
With beautiful people.
And I don't want to see that ruined and changed frankly.
I think that these data centers are more than buildings,
I think they bring about a lot of change that
changes people and their personalities
and their outlook on life.
We started this meeting this evening with a prayer
and I think that's very important.
I've seen God work in and through people including myself.
I hope that he does the same with all of you.
And you do the right thing.
The responsible thing.
I don't feel I need to remind you
but maybe I do that you all work for us.
And I think one of the gentlemen who
spoke tonight said that if we find out
people are not working for us we will
take efforts to change that.
I don't vote but I will on this topic I'm ten toes down on this
and I think most of the people in this room are.
So thank you.
[Applause]
>> My name is John Boyles and I have no idea what district
I'm in.
I work on Minecraft Road.
Warm Springs Road.
Sorry I used to live on (Indistinct).
I'm an electrical engineer.
Okay that's what I've done my life.
And I just want to make a few comments,
first of all data centers are very inefficient things.
And so they're technology is going to be obsolete really
soon.
Think about it.
How many of you have a ten year old laptop?
Or a ten year old cell phone?
So the kind of technologies that are used in these data centers
are just churning up electricity and generating heat
and what are we getting from these things?
Well it's a big one in Houston that does Bitcoin mining.
There is no implicit intrinsic value in Bitcoin.
Online storage of stuff, Microsoft
we all know has gone to the cloud and everyone's
gone onto the cloud and the Internet of things.
But we used to put our files on an external hard drive.
Still could do that.
Artificial intelligence to replace
artists that write music, to replace movie makers,
to replace actors, to replace marketing jobs, advertising,
professionals, lots of other jobs.
Why are we doing this as a nation?
Really?
We do have a world wide web but we don't have a worldwide power
grid and so the problem is, if you
have a big sucking sound of power somewhere let's say Aspen.
Then it produces a scarcity.
And so what you have to do is get a far away power plant
in West Virginia, 260 miles of transmission line
to an intersection hub up in Maryland
so that energy that's being sucked out
by this data centers in Ashburn doesn't cause everyone's prices
to go up.
Along the power grid.
And that is exactly what it seems to be happening.
And so the problem is we can't just get rid of data
centers here, and I applaud the efforts to do that.
We have a statewide problem.
We have really an east Coast problem.
Now solving it, could start here.
You folks are in politics, you are
part of the political system, and it
takes leadership and a stand to say
we're going to start providing an example of others to follow.
Thank you.
[Applause]
>> Okay.
We've got no lines down so I'm going to close these citizens
comments.
Board of Supervisors Next things up is consent agenda.
How would you like to handle this?
>> (Indistinct) accept the consent agenda as approved.
Chairman Jewell: All right we have a motion and a second
that's required for roll call.
Supervisor Rhodes.
>> Aye.
[Members voting aye]
and the chair votes I. All right good on the consent agenda.
Thank you.
Next item up is Board of Supervisors comments.
Do we have any?
Looking both ways supervisor Evans.
>> I've got three and I'll do my best to keep it brief.
One is to the program the subcommittee meet. (Indistinct)
do what came out of that committee to go over to the DRC
and get things rolling (Indistinct)
so if anyone would like to.
I don't know.
Should I do a vote or just consensus?
Is everybody on board with that?
DRC and get moving?
Chairman Jewell: We got a motion we got a second everybody agree
all those in favor say aye.
Anybody opposed?
Moving forward.
Thank you.
>> Second thing is about six months ago we talked about
battery storage by the substations.
The protections against brownouts blackouts.
Water this year for the first time this year.
We've been asked to occasions about the power company
to disconnect our water plants and sewer plants from the grid.
Because system was overloaded.
The first time was a winner ended up not occurring
but then several weeks ago the summer we had those hot days.
We actually shut off the grid and fired up our generators
around those plants over the weekend.
So I think it's important we get this battery storage going
people going to start seeing brownouts and blackouts.
And if it's something where people don't want battery
storage come on that's fine.
Just don't call me when (Indistinct)
blackouts because I'm trying to figure out a way to stop it.
Last thing, the gentleman brought up the electrical order
story and Comp plan, I don't know if there's time to do that.
I guess towards the end of the meeting
if we could bring Mr. Bishop up.
Explore that.
I would be interested in that.
That's all I have.
Chairman Jewell: Thanks. (Indistinct)
>> I usually wait till the end to do this but I've got
the audience here.
So I'm gonna read this to you.
I've gotten a lot of emails as you can well imagine.
I have not answered all of those emails,
I don't have enough time in the day
to do that, I have a business and I run it myself.
I just want you to know I have gotten them
I have read most of them are boilerplate emails.
But there are some genuine emails
that folks have taken the time to write.
Much appreciated about data centers traffic congestion
so forth and so on.
I've also gotten some really interesting emails
from folks that just questioned my integrity.
And question things that I don't understand
where they're coming from.
So I'm going to read you something.
If someone tells you that turtle one won the race with a rabbit
you might want to slow down and not take it at face value
and do some more investigation.
If someone tells you that your neighbor who's a minister
is cooking Meth and selling it at the church,
maybe you should slow down.
And take a little time and investigate more in.
Not just take the word of that person.
If someone tells you that you have
a very reliable inside source that's telling you
that your sibling is a Communist,
maybe I'll slow down and figure it out.
And do a bit more study.
Maybe if someone tells you if v Dot's going
to pave your gravel road that hasn't been paved in six years
and they're going to do it next week,
you might want to question that.
And do a little bit more study.
And I could go on.
And that's what's happening.
There's a lot of things out there on Facebook,
there's a lot of things on the internet,
I think the best way to do that if you have a question
is to ask the person themselves and let them answer that for you
and I'm more than happy to do that.
So if someone other than Supervisor Wells
tells you that Supervisor Wells has changed a vote on any topic
from a yes to a no or from a no to a yes,
then you should probably again, take time and speak
with Supervisor Wells.
I never have and never will accept money or any other form
of material value to win the support for any project that
comes before this board.
I have and never --
I have not and never will ask my fellow board members
to cut deals or try to sway a vote.
I don't ask them, I don't go to them and ask for them support.
I don't go to them and try to sway their vote.
One way or the other.
I've never and will never tell anyone
how I'm going to vote on any issue
until I cast my vote at a public board meeting.
I have an opinion, I'll be happy to share it with you,
but if you ask me are you going to vote no, I'm
going to tell you you have to come to the meeting
and watch me vote no or watch me vote yes.
I have and I will continue to share my personal opinions
on any topics that anyone's interested in doing
so if you'd like to discuss any of those,
do it by telephone call, I have a home phone that you can call.
If I don't answer leave me a message and I'll call you back.
I really don't do well with emails.
Because it takes a lot of time.
And I find out that speaking to people
personally is a lot better than writing back and forth.
So I have put out proposition -- position statement
on, I've given out to several people on the internet
everything else.
Anyway.
I just want everyone to know that we work really hard
to service the people and when you stand up there and say ,
it hurts.
It hurts to hear you say that you don't think
that we're doing anything.
This group works really really hard, I've been here a long time
and I can tell you they work really hard.
It's not our full time job.
But we wouldn't be here if we didn't
want to help Frederick County.
Thank you sir.
Chairman Jewell: Thank you sir.
[Applause]
>> Mr. Chairman -- during the Comprehensive plan breakout
sessions all our subcommittee learned of a solar panel fund
of some sort and I would like for the administration to kind
of educate the board on those funds and how those funds could
be used in the future?
So if we can plan for that in the future meeting
I'd appreciate it.
>> (Indistinct) put it on your list.
Thank you sir.
Anybody else want to talk to?
>> One thing I'm gonna say is I I said it earlier actually I
said it a couple times pretty much everyone has a right
to speak and everyone has a right to their opinion.
And all I ask is please show respect.
Please show respect every time we talk to a constituent,
whether we reply to an email, what have you.
We are not all going to agree.
But all I ask for is to give respect to.
And if you're out on the social media, show respect.
Everyone up here loves this county
and we're working very hard for this county.
We know we hear it a lot from you folks,
the statement tonight about if you don't like it
we'll replace you.
Well we're trying to do everything we can.
And there's certain rules, things we have to abide by.
So please.
All I ask for is respect.
Thank you.
[Applause]
Chairman Jewell: County officials next up update
the Regional broadband project.
Mr. Bo offer.
>> Good evening board members I would like to bring up Wendy May
she is our new communications director and part of this was
to give you an update on broadband but it's also to let
you know Wendy and our communications department has
set up a hub on the, on our webpage and I thought it'd be
good to show the board where this is and the residents
so they can see this information and information on broadband
would be there and.
It's not where you're looking is it?
>> (Indistinct)
>> And if you want to give a brief description.
>> Chairman Joel members of the board, thank you.
As Mr. Bolhofner alluded we have recently launched an information
hub on the main county website with the purpose
of providing a single place for clear verified county
information.
And easy access to project updates,
and key initiatives on the community
currently important topics include the comprehensive plan
update process data centers transmission lines,
I-81 improvements, that will affect us for some time.
All points broadband.
And soon will have information about the up to 1%
sales tax referendum that will be contemplated later this fall.
This is an interim solution while we work to stand up
the communications department.
There will be a full review of county communications coming
forward including the website from a more
holistic perspective.
You can access the information hub from the main county website
at the top bar, the top navigation that
says Information Hub which you can
see referenced by the red box.
And you can also use a direct URL ncbi.us
or slash information hub.
Sure thank you.
Chairman Jewell: Thank you.
For those folks that are here watching,
this was a critical thing for this board.
Everyone agreed one of the issues we had with the county
was how do you get information out?
How do you get, how do the constituents know where
to go to keep up on especially the major projects
and we are very appreciative of all the work you're doing,
we're very appreciative of all the staffs put together.
It's been, and it's moving very fast so thank you for that.
>> Thank for the opportunity.
>> And I want to thank Wendy because Wendy's not only doing
the communications department she's also serving
as our interim director for the EDA and she's been wearing two
hats and has done an amazing job in.
And she made my night tonight because I
was able to help her with a computer for the first time.
And I will remind her of that frequently.
Give you an update on the broadband.
I've been having conversations with all points
and also with Brandon who's with the regional commission
about Broad Point.
Approximately five years ago the board
approved moving forward hiring all points to installation
of broadband for several jurisdictions
within the Shenandoah Valley and they're doing this
throughout the state.
That was five years ago.
Their intention was, when we gave a presentation
I'm not sure a year ago or so.
The intent was to have this project completed
in the fall of 26 was the date and I will tell you,
they're not going to make the fall of 26.
They're shifting their schedule trying to complete this
by the end of 26, by December 31st of 2026 and they've taken
some steps to try to accomplish that.
Once they have reached an agreement with Vdot
so now they can do aerial permitting which should speed up
the process with Vdot to get those done
and they've got a good relationship with them.
They've also changed their focus instead
of doing just single areas and single drops
to try and get the big main areas first and come
back and get the local drops.
The reason they went with the first route
because their contract initially was based on the fact
that they were paid once they had the actual houses connected
up, sometimes by doing that it slows down the whole process so
by taking a larger view and doing the larger areas first it
should aid them to help them speed up.
And the one real issue they're running
into now, which is slowing them down
is getting the permits from the Shenandoah Valley Co-op
and that's where they're having problems,
they really need I think about 200 permits a week
to get this done and that's not happening at that speed.
They have offered the Shenandoah Valley Co-op
that they will actually pay for third party
to come in and assist them with this
and they're waiting to see if Shenandoah Valley is
willing to do that, but that'll be imperative
if they are to complete this project on time.
I will tell you the one weak spot and I know all of you
up here or not all but at least most of you
up here have had issues with this,
is when we tell our residents if you want to find out when you're
going to get connected up if you're going to be connected up
you go to these websites, and when you go there you find out
they don't work well if at all.
I've helped people out I've learned
to find out ways to get it but it's not very user friendly.
And generally it doesn't have any, the information you need.
They've told me they're now working on a plan
to have up and running within 30 to 60 days
some new maps that will show where the work has been done
and the work is going to be done.
That is within 30 to 60 days.
You can go to our hub, you can look at our connections
to their sites, but at this point
they really don't do you a lot of good
and they're working to correct that.
And they have come up I've told them and they've agreed to come
back to this board at the September 9th if they can make
that schedule, for September 30th 23rd and make a full
presentation to this board and what we'd like to hear is
what's been done and when is everything else going to be done
and get a better idea of the scheduling?
And that's the update I have tonight and try to answer any
questions or --
Chairman Jewell: (Indistinct)
>> I'm a little disappointed that they're not here tonight.
But putting that aside, fundamentals.
What particular in Bat Creek which
is a large area underserved, people
want to know when you fill in on the website and not there yet.
It's not sufficient.
So they definitely need to be here.
And they also need to know that the other fundamentals,
is it going to actually be hooked up to my house?
Who's going to do that?
What's the internet service are they providing
the internet service as well?
And I also want to know what's it's going to cost.
So those are key things that I'm hearing.
And we just need information.
And it just hasn't been, and I wasn't here for the front end
of this, I wasn't here five years ago,
lived here all my life.
So I'm not intimately familiar with what
happened five years ago.
But we really need the information now.
To get it out.
And I do appreciate getting it up on the Infohub and the steps
forward there, but they need to be here
and we just need to know where we're at and when's the end?
And what's it going to be?
What's the details?
>> Might want to address we do have meetings that they're going
to show up to.
Giving me a date that --
>> September 9th or September 23rd.
I'm pushing very hard for that one
the date they had a commitment that night but it might
be earlier so hopefully the next day
or two he's going to be, let me know I will call him
and say our board really like to be
here sooner rather than later.
>> We want him here September 9th.
>> And I'm sure there's not just one person with their company.
Vice Chair Wells: Working on getting them here
to stand up and tell us what's going on.
>> Absolutely.
Vice Chair Wells: Appreciate your hard work on that too.
>> Any questions you have for them or from your constituents
can let them know they're expected to answer I can't say
that they would be prepared but I can gladly forward that along
to them.
>> I'll just say I'm glad I got Starlink in 2021.
[Laughter]
>> Thank you for that update sir.
All right the next one.
Eight B.
>> Yes board directed us to move forward on the opposing
the Valley North electrical transmission line and just
to make sure I get this correct I'm just going to read.
We have a resolution tonight to take some steps moving forward
to do that I'll just read you some key lines
from the resolution.
So board is resolved that the county administrator
and the County Attorney are hereby authorized
to retain the services of Whiteford Taylor and Preston LLP
to provide outside legal counsel and opposing the Valley North
Project.
And the county administrators hereby authorized and directed
to identify and set aside funds for said representation
in the amount not to exceed $250,000 to move forward with
this.
We have the money and the Board of Supervisors contingency fund,
we would just set aside the $250,000 in an account for this
and keep a separate tracking for this board also
in the resolution it states that the county attorney
and or myself will make regular --
will be meeting with the board regularly to keep you updated
on the progress of this.
I will tell you our first thing we really
didn't want to do anything moving forward
or any strategy until we had the attorney on board.
If the board agrees to this tonight
we'll immediately call the attorney
we had one long conversation with him
and had a pretty good meeting if the board agrees
to do this we'll set up a meeting
and start moving forward the strategy
and obviously include the board and how we're going to do that.
>> Good is that at?
All right I'll entertain a motion on this one.
Got a motion got a second.
This requires a roll call vote.
Supervisor (Indistinct)
[Members voting aye]
>> Chair votes I there you go Mr..
You're good to go.
Okay next up.
Appointments to boards committees and commissions.
900 we've got the conservation easement authority,
we've got three willing members.
Entertain a motion for reappointment
of Philippines, Diane Kearns, and our own supervisor Al
Orndorff.
All right.
I can do this with a voice vote all those in favor?
Anybody opposed?
We're good to go.
Okay.
Next one up is for economic development
it's a four year term for Doug Rinker which expires nine 1026.
He was recently reappointed to fill an unexpired term.
I'll entertain a motion.
>> I'll entertain a motion to approve as presented but Doug is
a breath of fresh air and I'm glad to have him on the board.
Chairman Jewell: All right we got a motion and a second.
All those in favor.
Any absolutely right.
We are very lucky to have him back.
Committee business non.
Public hearings non.
Planning commissions, none.
All right now we're back up to planning commission business.
So where's my friend.
Okay.
Hello there sir how are you today?
>> Just give me one second Mr. Chairman to get the --
Chairman Jewell: Take your time, we're good we're good.
>> Good evening Mr. Chairman members of the board this is
the first of three ordinance amendments
for your consideration is given for information discussion
for each of the amendments we'll be seeking your authorization
to move these items forward to the committee structure and then
also to advertise for public hearings when appropriate.
The first for your consideration this evening
is what we call in our phase one comment companion
amendments and these are proposals
to amend chapter 144 the Subdivision Ordinance
and chapter 165, the Zoning Ordinance
to incorporate phase one Ordinance update recommendations
from the Berkeley Group.
You all will recall when you adopted your phase one updates
in May of this year, that there were a number of kind
of clean up items that the Berkeley group had identified
that fell outside of the bounds of that project
and were kind of classified as a policy type item.
And that they would be handled kind of immediately following
the adoption of the ordinance.
And that is the series of amendments
before you this evening is for, as far
as this phase one update goes.
These proposed amendments seek to improve
efficiency, consistency across the ordinance,
incorporate best practices or those recommended
by the Berkeley group, and of course
to maintain the user friendly nature of our ordinance
which we strove to do when we did that phase one update.
So first we'll tackle the chapter 144 subdivision
ordinance changes.
The majority of these changes tackle
the processing of waivers, subdivision design planning
and that process is administrative process handled
by staff and the zoning administrator.
And we wanted to make this waivers
a part of that administrative process
because they're otherwise administrative action.
The first pertains to general access
which would change the Board of supervisor waiver
to subdivision administrative waiver to allow
for private streets and offer age restricted communities.
We would also make a similar change
to our streets and sidewalks.
Regarding the waiver of interpersonal connectors
intersections and cul de sacs that
would give the subdivision administrator
authority to review one waivers to those required
to be necessary we would remove the Board of Supervisors
waiver for street lights and we would
remove a subdivision administrator waiver
for sidewalks on public streets.
In regard to chapter 144, we would also address easements
and we would remove a Board of Supervisors waivers
for underground utilities otherwise
we normally require that utilities be placed underground
throughout the county.
And then under environmental features and protections we
would remove a waiver for a stormwater management plan
for lots of less than 15,000ft².
That was an outdated requirement,
we spoke with the Public works staff
to understand the Virginia storm regulation
and they asked that we remove that item as it was no longer
an appropriate allowance.
In regard to chapter 165 the zoning ordinance again clean up
items for administrative requirements,
we would propose removing the requirement
that the County Administrator sign final master development
plans.
Master development plans used to require presentations
to the Planning Commission and the Board of Supervisors
and they required the Planning Director and county
administrators to sign off on them.
That has become a largely administrative function.
And that is the last vestige of that previous process,
would be the county administrator's approval
and I'm sure Mr. Hofer would appreciate not having
to sign those plans anymore.
We would address industrial design standards
there's currently a waiver for the screening of machinery
and mechanical equipment for the extracted manufacturing
district.
We feel like we can accomplish that waiver
through the alternative standard that
was included with the packet.
For the residential Recreational Communities District standards,
we're going to change the planning director
waiver to a zoning administrator waiver
for street trees substitutions again that's a best practice,
the zoning administrator is the final signal
to where we're on site plans and other design plans and not
the planning director.
Although the planning director can
sign in the absence of his own administrative.
In regard to the Frederick County Sanitation,
Sanitary landfill we would remove a board of Supervisors
waiver or turn to a standard that just incorporates and adds
an assurance to someone doing work at the landfill
that they would need a waiver to come out for a screening
element.
In regards to the use of welding repair we'd remove a waiver
requirement for a screen welding repairs
a conditional use in your rural area zoning district
so screening requirements typically handled
through the conditions, doesn't require your action as a board
waiver if you approve the conditional use
permit you would otherwise be including those screening
elements.
Most likely as a condition.
And then for tractor truck and tractor trailer truck parking,
we would change the Board of Supervisors
waiver to zoning administrator waiver
for alternative landscaping based on topography
and or adjacent land uses, that's
a common waiver that the zoning administrator has on other uses.
So we wanted to bring that use in line with current practice.
For other uses.
So this item is presented to you all for information discussion
this evening.
We're seeking your authorization to proceed with the ordinance
amendment process.
For those who are unfamiliar with that,
it includes a review by our development review
and Regulations Committee that is
a subcommittee of the Planning Commission, made up
of planning commissioners and citizen representatives
and then we would subsequently advertise for public hearings.
Those dates would be determined after the review
by the committee.
And I'm happy to answer any questions you have
on these companion amendments.
Chairman Jewell: Any questions for Mr. Clive?
>> We talked about the Berkeley group I'm not sure that some
of the members of the board were here.
When we did that.
Could you just kind of reference the Berkeley group?
They did intensive study on -- if you could just give a little
background on that.
As to how we got to these --
>> Good clarification prior to issuing the ordinance amendment
phase update we did a zoning diagnostic and a number
of our waiver processes were deemed not to be best practices.
It creates a kind of legislative burden for you
all to handle these relatively minute waiver requests
that otherwise the zoning administrator handles and most
other cases.
So there recommendation early on in that process
was to transition that again, we felt
like that was outside of the scope of the phase one
rewrite that we did.
But we wanted to bring these back to you all immediately
following that adoption so that you all could provide guidance
on if you'd like to move forward with those best practice
cleanups that were recommended and again, intent
with these changes is to maintain kind of the user
friendly nature of the ordinance and put administrative functions
back into the administrative realm of the zoning
and subdivision administrator.
Chairman Jewell: Any other questions?
All right.
I'll entertain a motion.
>> Moving forward.
Chairman Jewell: All right we got a motion.
I need to do a roll call vote on this.
[Members voting aye]
>> And the chair votes I. Thank you Mr. Klein.
I appreciate all the work you put into that one.
>> Absolutely this is your second ordinance amendment this
also falls on the heels of your phase one update
and we're calling this your 2026 update.
This is a proposal to amend the zoning ordinance
to incorporate applicable changes to the Code of Virginia
that were done through the General Assembly.
As you all are well aware, each year the General Assembly
can considers a amendments to the Code of Virginia
and ultimately if they're successful they're
signed into law by the governor of the Commonwealth
and we should annually review them and where applicable
and incorporate them into the new audiences one of the areas
that we fell short in our diagnostic
was our state code compliance.
That's a product of the age of our ordinance
but also just not keeping up with a regular kind of update
of all of the state code changes that occur each general assembly
cycle.
We made changes throughout the years kind of hot topics
came up and required kind of immediate attention
and we were incorporating a lot of the state code.
Elements in practice they just weren't codified.
This is an effort to keep our coordinates fresh
up to date and compliant with the code of Virginia.
That helps the board and the county
prevent legal challenges and any things like that.
We reviewed all of the bills that were applicable to Planning
and zoning, we're fortunate that our American Planning
Association Virginia Chapter does
a very good job of keeping planners informed
on all of the kind of changes.
Then we met with the county attorney
a number of times through the General Assembly cycle
and then after the coaching were made
to review the applicable bills to determine what bills needed
attention by the board.
There were far more bills that apply
that were adopted as far as land use and planning that
are covered here this evening.
Not all of them apply to us because we're not
in Incorporated City or we don't meet a population threshold
so some of those bills get weeded out just by the nature
of our status as a county under 100,000 people but there are
other bills that require our attention.
So the first one for your consideration this evening is
House Bill 1212 that states any locality with a population
of 20,000 persons or more shall adopt and maintain a zoning
district classification that permits one family and two
family dwellings and townhomes as a by right use on lots with
a minimum lot area not exceeding 3000ft².
Our recommended action is to proceed with an ordinance
amendment to incorporate the standard.
That would involve changes to the dimensional requirements
contained in the RP residential Performance District.
We do have what we call a single family small lot housing type
and it requires a minimum lot area of 3750ft² so we're just
slightly above that threshold.
We do clear that threshold with our townhome lot sizes,
we allow them as small as 1800ft².
But this is, this would require an effort
to reduce that minimum lot size we
feel like that is the quickest kind of solution to address
this state code change.
Our next series of bills that a companion bills House Bill
2079 and Senate Bill 288 this is known as the Faith and Housing
Act it's received quite a bit of fanfare.
And public attention.
And it allows for the administrative approval
of development and construction of affordable housing
on land owned by property tax exempt religious organizations
or certain other types of organizations,
there's a significant amount of criteria
to what clears affordable housing on these properties that
requires a certain percentage of area median income
and the properties must be connected
to public water and sewer.
So rural religious property in the county
would not be subject to this because it
doesn't meet certain criteria as far as water and sewer
connectivity.
At this time we're recommending actually no action on this item.
Within the legislation, it doesn't take effect until
January 1st of 2027 and there is a sunset clause of January 1st
2031 after consulting with the county attorney and also
the chapter legislator for the American Planning
Association's Virginia Chapter, they recommended localities hold
on adopting this because it may not be reenacted in 2031.
So we have to add it and then remove it at a later date.
They recommended the county attorney also
agreed that we would practice it and we
would allow for those organizations
to develop affordable housing pending that it
met all the criteria contained in the bill,
it just wouldn't be codified in our ordinance
and again that's kind of outside of what we told you
we would be doing with the Berkeley Group
but given the sunset clause on this
it creates a problem where we would have something
in an ordinance and then we would have to kind of plan ahead
to remove it and not know if it's going to come out
or not because it may get renewed by the General Assembly
at some point in that interim.
And then if the deed gets extended
so it creates kind of a maintenance challenge for us.
The next bill is House Bill 1463.
And it pertains to allowing manufactured homes
and designated mobile home parks,
mobile homes and manufactured homes
are actually two different types of unit.
They're similar in the way that they're constructed
but they have a different HUD classification.
And this bill would add clarity that it would be allowed.
Fortunately are, no action is required
because our ordinance is actually
compliant with the state code reference.
What the Berkeley Group did it incorporates
state code references didn't provide
the actual text of the bill it just provided the code reference
so when we reference updates our ordinance remains compliant.
So I just wanted to let you know that that bill would otherwise
apply but we are already compliant.
And the final bill for your consideration
is Senate Bill 531.
And it requires a locality to include in its zoning ordinances
for single family residential zoning districts
accessory dwelling units or ADUs as defined in the bill
to be permitted as an accessory use.
Again, no action is required where ordinance compliant
on this we allow accessory dwelling units in our rural area
zoning district and all our suburban zoning districts.
Whether they be attached or detached to the units
depending on the district.
And again, our area of ordinance contains the proper references
so we are code compliant with this change by the General
Assembly.
So again this item is presented to you all as an information
discussion item this evening, we'd
be seeking your authorization to proceed with the ordinance
amendment for House Bill 1212, that's
the one again with changing the minimum lot size.
To a minimum of 3000ft² that would include a review
by the committee and then advertising for public hearing
at a date to be determined.
Happy to answer any questions.
Chairman Jewell: I don't see any questions.
All right I'll entertain a motion.
>> I'll make a motion to approve as presented.
Chairman Jewell: And I need a second.
This will be a roll call vote as well.
[Members voting aye] Thank you Mr. Klein.
And Mr. Fox for all the work on it.
Mr. Bishop.
>> Thank you Mr. Chairman.
Members of the board.
As I think everyone is aware tonight,
you are considering this proposal
to amend chapter 165 zoning ordinance
to remove data centers as permitted use
and or conditional use in certain zoning districts
and to remove other references to data centers.
As was specifically requested by the Board of Supervisors back
on July 8th.
Your current standard is that data centers are permitted as a
by right only in the TTM technology
Manufacturing Park Zoning District,
as a conditional use in B3 M1 and M2 zoning districts.
The definition is located at 1651105.05 and also
as additional regulations for specific uses
to data centers which are also included in your zoning
ordinance.
And current requirements for data
centers as are adopted by the Board of Supervisors dated back
to April of 2025.
And as part of your phase one update that was adopted on May
13th 2026 which removed data centers as a reference potential
use from TTM (Indistinct) district section.
And that's related back to the intended use portion of that
which was removed as part of that May 13th action.
The requested action this night is
as presented for your information and discussion
there is a draft in your packet, you're
not voting on that draft you're voting on the resolution.
To direct us to keep working on that draft.
Take it to the Planning Commission and of course
back to you all for the adopted process
and through the state code required public hearings.
So we're seeking your direction your action
and I can take any questions you may have.
Chairman Jewell: Any questions?
Supervisor Oates.
Supervisor Oates: A few.
First, I agree with some of the speakers here tonight.
I don't think we should remove the definition
from the ordinance.
If this goes forward for a study by the RC.
I think we need to keep the definition in there.
Also the definition, I think probably
needs to get a little stricter.
As exactly what is a data center and what is not?
Because I mean, there's different categories
of data centers right down to the edge
where it's say a small one say they
want to consolidate all their servers into one building.
5000ft² are you going to eliminate that ability
for a local business?
So I don't know if we need to have like certain building
size or something to say all right
if it's the size it's fine.
To support a business.
Not the megawatt ones.
So that's the ones everyone's upset about.
The second is come on we do have an existing data
center in the county.
By removing all the standards, are we
freeing up that data center now so that it no longer has
the stricter setbacks?
If they decide to do an addition or do some kind of modification
are they now completely locked out?
Nonconforming use?
>> They are already nonconforming use so anything
that would lead to the level of requirement site plan they would
have to meet all the standards of the M1 zoning district
so specific to setbacks M1 does have lesser setbacks than
the specific data center use.
Supervisor Oates: Okay would they still have the ability
to expand or taking it out and restricting it stops them
and they're fixed on their size from here on?
>> They've got no room to expand so theoretically they could
increase their capacity within their existing footprint
but they couldn't enlarge their footprint.
Supervisor Oates: What if they went up?
>> Then they're going to be subject to the height
restrictions of the M1 zoning district.
For starters.
Supervisor Oates: So they could go up.
>> As a nonconformity they could not add a story to the structure
to expand the use that's considered within the footprint
vertically as well.
Supervisor Oates: The other thing we're looking at this
is the TTM district.
Speaking from experience you get a developer
to get a TTM is put a gun to their head
and the only reason they consider here recently
is because data centers were a by right use.
I'd like to see us just strike the TTM district entirely
out of the ordinance.
No one's ever wanted to go to that kind of district,
the only time everyone showed any interest
is when data centers popped up.
So I would like that considered as well just remove
that entire zoning category and we
have M1 M2 that's good enough.
B3.
I guess those are just my ideas what
we need to look at when DRC takes a look at that
and considers it.
>> Going back to the TTM.
Mr. Pearson because we went from office
being impact to TTM with the idea of technology
but at this point, it's caused more problems (Indistinct)
I agree with looking at that.
Here's the bottom line.
You know why you have the word data center in there
take it out I don't care but what I want is no way no
how can the data center be built. Put the wording in,
it's what we need.
It's that simple.
Just make sure we lock it down.
So no one can sneak in any other way
or come up with some stupid idea and we can just say, all right
what do I want this.
For now.
That is the way it's got to go. --
all right we're done with this.
For now.
That is the way it's got to go.
[Applause]
>> About as clear as we can get so.
>> We'll continue working with the attorney and outside counsel
and frankly bringing forth the most highest recommended
and defensible ordinance you have because frankly our goal is
not to set you up to be in fights as to set you up to win
them.
So that's what we'll do.
Chairman Jewell: You're moving a fast pace we asked you to do it
Mr. Fox has been wonderful.
Making sure that we're following the laws because there are laws
here folks that we have got, guardrails
that we have got to be in.
So we just want the sucker locked down the best we can.
So yes sir supervisor Oates.
Supervisor Oates: One other thing
I'd be curious about when applicants submit application
to be considered there is a time limit.
Where are we on Gateway and Equus?
When did their submission come in?
>> Winchester gateway I heard a reference earlier that has been
withdrawn it has not been withdrawn they did pull out
of their next visit to the Planning Commission they were
going to be held in September, heard September 2nd
because they're running out of their timeline for planning
Commission.
So that's going to be heard now they've got a year from filing
to go to the Board of Supervisors
so if they ask to be held up again once they get it
through Planning Commission they could theoretically do that.
Technology Park I reached out to them again last week,
they're not yet ready to schedule but once again
their role within the envelope of one year
to be heard by the Board of Supervisors
they already had their recommendation denial
from the Planning Commission.
Supervisor Oates: I know they're in their one
year I was wondering when that one year runs out.
>> I believe it's May 7th I'm going off the cuff there
so forgive me if I'm off by a few days but I believe it's May
7th is when they will hit their one year.
Supervisor Oates: Until they get here we can't act on it.
Y'all just keep showing up every meeting until we get in front
of us -- we can't do anything.
>> Anybody else?
Okay.
>> Only clarification I would have for staff is we got two
different things here.
Now that TMS put a play because really I
think we've got two resolutions that we're trying to pass down
is that correct?
I'm not I'm 100% with you guys the team just
doesn't make sense.
And I just want to make sure that we're not
gobbling everything together.
Or if that's the way we're supposed to do it,
I don't really know I just want to make sure that we're fine.
>> I'm looking at Mr. Pearson he's going yeah.
>> You all can pass the resolution with the intent
to include the changes that you discussed and advertise them
for public hearing as well.
>> Thank you.
>> All right.
So I need a motion on this.
And I need a second.
All right.
Supervisor Oates.
[Members voting aye]
Chairman Jewell: Thank you Mr. Bishop
and all of you for all the work you've done on that.
All right.
Next item up is board liaison reports.
Do we have any?
I'm looking at you -- go your way first.
>> Parks and rec commission meeting last night.
Madigan long commission member was
recognized for exceptional contributions
as a member of the Parks and Rec Commission.
Spent 22 years on that commission.
From 2004, 20 2026.
During his final two years of facilities
were maintained in Parks and Rec made a new program for started
and he's been recognized with a plaque on the monument
at the entrance of Schroeder Park
Warner Drive so again congratulations
to Mr. Ron Medich and.
>> Awesome that's great.
Anybody else?
Supervisor one dot.
Supervisor Orndorff: Chairman members of the board.
County Sanitation District Advisory Committee met on Monday
August the 3rd.
They spent some time talking about the yard sale
they had a very successful yard sale on the spring.
They were talking about running one in the fall.
But I've since learned that the person
who coordinated that for them just felt
that she couldn't handle it.
So we'll see what they decide at their next meeting.
The manager's report, 42 miles of road that stored and chipped
in Shawnee land and this year so far,
they've done 7.49 miles of trail .
At a cost of $257,481.
Parking lots striping, they had met with the schools about
the bus pickup area, so they have had that work done,
it was done July 6th and seventh.
At a cost of $3,141.
They've been replacing culverts and they're pretty much
caught up.
They currently have seven more scheduled to replace the Sierra.
-- replace this year.
Asphalt patching and motor grader work,
the staff has placed 147 000 tons of asphalt on the numerous
trails, that's 184 dump truck loads.
119 000 $302.
So quite a bit of work.
Done their.
And then there are vegetation control ,
they're doing that by cutting not spraying.
So that's the liaison report for Shawnee Land Sanitary District
Advisory Committee.
Also on the fifth, the Extension leadership council met.
Extension reported financial literacy management
program in the schools has been a success
and members were encouraged to anticipate this coming year.
Also reported that two four age club
teens participated in the national competitions
and were successful in placing in the Horse Bowl
and the shooting sports also had some national and individual
winners.
It was also reported Frederick County Fair
attendance was up this year and the carnival was enjoyed
by the younger crowd in particular. (Indistinct)
stock shows went well.
Frederick County Parks and Rec children
to the fair education recreational activity
for FFA members and other volunteers
give tours of the facilities histories
animals for the children.
It was expressed that Caden Schumaker exchanged
summer intern was a huge help on the fair.
Her willingness to do anything requested
was greatly appreciated, which I'm sure
the job description for that.
[Laughter] Chairman kindly asked Rose McDonald
to thank the fair board for the work and assistance
to a great County fair she also thanked the VCE
staff for all their work and time contributed to the fair.
And then Frederick County's new for each extension is Michael
Van Ness, who will begin work on August 10th.
Mr. Chairman unless there's questions
I can conclude my liaison report.
Chairman Jewell: All I've got to say
is we're very fortunate with our FFA program and our
for each program here in this county.
So it's larger than people, I think
people think and I know I was there at the fair and they said,
I think they had like over a hundred animals being shown.
It was huge.
So thank you sir.
Anybody else?
All right.
Next up.
Citizens comments.
Madam clerk.
>> Yes sir.
Amber Frye?
Chairman Jewell: Okay.
>> Brian Nouri.
>> I'm here.
Thank you Mr. Chairman.
Board.
Members of the board my name is Brian Noori
I'm a resident of the district.
I'm here to remind the residents of the county that not only are
we voting in November to replace a couple of supervisors
and our congressional representative
we also have three amendments to our state's Constitution
and a local referendum.
When we have an opportunity to affect
a change in how our state and locality runs
we should take those opportunities.
The first one is on the question of reproductive rights
of Virginians.
In the wake of the Dobbs decision
we have the opportunity to protect the fundamental right
of a woman to choose how they will carry forward
a pregnancy or not.
Relating to prenatal care childbirth postpartum care
contraception abortion care miscarriage
management and fertility care.
The government has no rights to intervene
between a woman and her doctors as to what care best
protects her and her family.
So vote yes.
Second, concerns the vote to marry whomever we want.
The 2015 decision made section 15 a the state's Bill
of rights unenforceable.
Yet title 20 chapter two subsection 20-13.2 ensures that
marriages are lawful regardless of sex gender,
or race of parties.
So which is a?
Remember the function of government
in endorsing marriages is to issue licenses
to unrelated unmarried parties.
That's it.
It's time to enshrine more freedom for Virginians from XO
vote yes.
Finally a third amendment would re-enfranchise
felons who have fulfilled their obligations as punishment
for their crimes.
At least 7% of eligible voters in Virginia are eligible to vote
-- ineligible to vote due to a 1901 Constitutional convention
that intended to do an end run on the 14th and 15th amendments
saying that voting was not a natural right.
The bulk of the damage done to Virginia from that convention
was corrected in 1971.
With the amendment will give more Virginians more
say in the governance so vote yes.
As proponents of small government
I would expect the majority of this county,
much less the Commonwealth itself
to vote for these amendments to remove three more limitations
on their rights being handed down from Richmond.
We don't live in a democracy but we
are able to vote on these items that
can directly affect our lives and the lives of all Virginians.
Additionally residents to the county
can vote on enacting a 1% sales tax that
would be earmarked for capital expenses for schools.
Considering the so-called difficulty
we've had for the past 15 years, to expand renovate and construct
new schools, this should be a blessing especially considering
that much of this would be paid by passes through and tourist.
Would a fantastic way to get schools in this county
built and updated.
I'm not a proponent of straight down the ticket
voting but the amendments and the referendum
I would encourage voters to vote yes straight down the line.
We want more freedoms not fewer.
Check the status of your voter registration
and make sure you take the opportunity to make
your voice heard.
Thank you.
[Timer chimes]
[Applause]
>> Steven Alabanys.
>> Good evening members of the board my name is Stephen
Albanese and I'm a resident of Shawnee Magisterial District
which is a correction to what I wrote on the sign up sheet.
Tonight I'm advocating for vulnerable people in Frederick
County as well as across Virginia.
I'm asking this board to consider and adopt
a resolution calling upon the Commonwealth of Virginia
to outlaw abortion and to provide equal justice of the law
to preborn humans.
They should not be a Republican versus Democrat issue.
But one of morality.
And are currently affects many right here in our community.
Specifically I'm asking Frederick County
to urge the Virginia General Assembly and the governor
to enact legislation recognizing that preborn
humans from conception are entitled
to the same fundamental protection
against intentional killing that we've recognized
for humans after birth.
Virginia law already recognizes in other circumstances
that the intentional killing of a fetus can be a serious felony.
Virginia Code 18.2 to 30.2 provides criminal penalties
when a person unlawfully and intentionally kills
the fetus of another.
Yet Virginia's abortion statute separately
creates circumstances in which an unborn child
may be intentionally killed through abortion.
I'm asking this board to call for that distinction
to be removed.
The principle I'm asking you to consider is simple.
Given that Preborn, a preborn child
is a human, then his or her protection
from intentional killing should not
depend on location or stage of development, size,
or whether that human is wanted in medical scenarios,
all humans should be treated as patients.
Both mother and baby.
That fact, the fact that people disagree
about the status of preborn humans
as full humans doesn't change reality.
In action or complacency is as bad as the dehumanization
itself.
Equal justice now for equal value no matter size
or location.
This is the voice of the voiceless.
Therefore I respectfully ask Frederick County Board
of Supervisors to adopt a resolution stating
that Frederick County recognizes the equal human value born
in Preborn humans and supports equal protection
of the law for both.
Frederick County calls upon the Virginia General Assembly
to abolish abortion by removing statutory provisions that
authorize the intentional killing of preborn human beings.
And the county to call upon the Commonwealth
to structure its laws so that existing principles of law
protecting innocent humans from killing
apply equally to preborn humans, rather
than maintaining a separate legal exception for abortion.
Also
[Timer chimes] Thank you very much for your time.
[Applause] >> Mr. Chairman that's the end of the list.
Chairman Jewell: Anybody else would like to come up and speak?
You're coming up, folks line up behind them please.
>> Thank you Mr. Chairman members of the board my name is
Esper (Indistinct) I guess this is turning into a bit
of a public forum we do have a couple critical amendments
on the ballot.
And the first one is an amendment
that allows for unrestricted unlimited abortions in Virginia.
It would strip back any control over the people who
are performing the abortions.
And one of the original reasons for ROE
was to make sure that back alley abortions did not occur.
This new amendment would not allow
for any restrictions on the practices of abortion
to make abortions even more unsafe.
It also would roll back any kind of parental notification
or parental consent in Virginia.
And it would remove any kind of religious liberty
and religious freedom.
At risk care.
It is the most broad, overreaching amendment
on this topic in the world.
And so it really goes beyond the pale.
I have a close family member who was raped
and had a child at 27 weeks.
I held that child in my hand when she was 1 pound.
Right after she was born.
She fit in the palm of my hand.
That child is now over three, is thriving and leading
an incredible life.
Those are the kinds of success stories
that we should celebrate as Americans and as Virginians.
When we talk about freedom, the most important freedom
is the right to exist.
And with this amendment on the ballot does
is limits people's right to exist
so I would encourage everyone in Frederick County,
let's make ourselves known for how
we care for the most vulnerable by supporting mothers who need
support, by supporting children who need support.
Not by making it easier to terminate lives.
Just because they're in inconvenience.
Thank you.
[Applause]
>> Thank you for giving me an opportunity to speak again.
I had not planned to do that until Mr. Oates brought up
about the battery storage.
My name is Vicki Michaels and I am in the Stonewall District.
So months ago, Mr. Oates brought up and submitted before you
all about the battery storage.
And it was sent to the Planning Commission.
And it was also sent to the DRC.
I attended both of those meetings.
The DRC was mostly answered by well
we're not sure of that yet, we don't know about that
but it was regarding whether or not we have cup for.
Then again it was scheduled for another meeting on July 23rd,
which was canceled.
So I frankly would like to see this come before us so we
can get it settled.
Because I do not appreciate hearing about how
you almost had to cut the power to this entity or this entity
because of lack of it.
That's a threat technique.
And I, I spoke earlier in a very positive manner
because I genuinely feel that way.
But when you start telling me that if I do not
agree to something, this is what's going to happen,
you're going to get my goat up.
So instead of us encouraging and looking
at battery storage, which means the electrical companies
are required to buy power from them,
which is going to only benefit the people who have the battery
storage.
It does not benefit us.
Let's get this before us so we can
get it settled so that we can see what is truth, what is fact,
and what is pure lies.
Thank you.
>> Thank thank you Ma'am.
>> Hey y'all my name's Elizabeth Bat Creek I'm actually
on the ballot for November for the Bat Creek seat.
I wrote to all of you that about democracy, about coal mines
about canaries all the things.
Begging for mercy begging for cents begging for common sense.
I've asked Al to mentor me.
To pass the mantle down.
I'm 42 years old.
Don't you think it's time for other people
to take seats of power, to make decisions for our future?
Thank you Supervisor Oates.
For having transparency.
And just talking like normal people.
This data center thing, the fact that we
can't have any communication about that people are begging
pleading asking for mercy.
Do you have any idea how undignified that is?
You ask for respect and yet you don't give it.
It's extraordinary to me.
We're talking about people privatizing water.
Those two Ashburn things when they popped on their generators
they sent ripples throughout our entire East Coast grid
and we're acting like that isn't happening.
Our electric all over Ohio Indiana, BlackRock,
is privatizing all of our resources.
Y'all.
Seriously?
Do you not see that every county across America
is fighting data centers for a reason?
That they're popping up like tumors?
Like cancers?
China our enemy, has 400 data centers for 1.2 billion people.
How many do we have in Virginia so far?
It's disgraceful.
Disgraceful.
This is our county.
This is our land.
And we are Virginians.
We're going to sit here and let them do this to us?
These billionaires?
These tech oligarchy is going to come on our land
and tell us what to do?
Develop all of our things and take our resources?
That's why I have to be up here all the time that's
why these poor people have to do this.
Because y'all won't make commitments to anything
because you don't have Constitution.
Show us something better.
I deserve respect to you.
You got me?
[Applause]
>> My name is Alexander Ritter.
I usually don't speak without having something written.
I'm in pagan district sorry my bad.
I usually don't speak without having something
written because I get anxiety when I'm up here.
But I wanted to say that I'm also running for the chairman
position.
And that I was thinking earlier, by the way
thank you oats for reiterating that we need to keep
the definition of data centers.
I was thinking earlier, Mr. Willie
Deutsch I don't know how to say her name he came up here
and he asked, I want to hear what your position on data
centers are.
And every single, never heard any confirmation
other than a couple of vague remarks.
Besides Mr. Wells, you have released things
and you're my supervisor and I appreciate your service
to my district.
What I want to say is as I person running,
I tell you what my position is.
No data center is.
Prohibit them.
In our county.
And I want to mention that several of you
up here when you're on the Planning Commission,
or as a Board of Supervisors, when you're on the Back Creek
District or whatever district.
Have voted yes and, a couple times so.
Just wanted to point that out.
Thank you very much for letting me speak.
I know where I stand.
Maybe you should too.
Chairman Jewell: Thank you sir.
Anybody else?
All right.
Come on up.
>> Wendy Dorothy gainsboro.
I just want to let you know that I'm genuinely trying
to understand all the issues.
I'm genuinely reading, speaking, learning all the time.
About these issues.
In front of us, the data centers, the transmission lines,
the water, the air come on how all that is going to affect us
and I just do want you to know that I genuinely
am trying to parse out the difference when I'm
reading something online or when I hear something from you guys
to.
And I wish that weren't the case.
I wish it wasn't that.
Supervisor chairman Joel.
That when we said about the data center and the proposal,
making it airtight that at the very end you said for now.
And it shouldn't matter to me.
We should know that when you say it's airtight it's airtight.
But I here for now and then I think, what does that mean?
Does that mean there's a crack?
Does that mean?
I want to believe what you say.
I do.
But there's a little bit of a doubt there
and I also want you to know I understand land,
I understand farming, my husband is a farmer,
our son came back from college and farms with my husband.
I understand these issues.
I understand water issues.
And I also understand that agriculture in this county, even
though one of you have said is a huge user of water
for the irrigation, we are largely a road crop county.
And with our geography, there really
isn't any irrigation there.
And when AG does irrigate, it goes back into the ground.
Right?
That's a big difference than what data centers do.
So anyway, those are just a collection of thoughts
that I wanted to make sure I got out.
Thank you so much for your time.
Chairman Jewell: Thank you Ma'am.
Anybody else?
All right.
Board of supervisors comments?
>> Yes sir Mr. Chairman.
I'm going to say school has started
and busses are on the road.
So pay attention.
Our kids are our future and just go slow and don't
pass the school busses.
Also, everybody talks about speeding and blowing
stop signs and lights and all that kind of thing.
This group in here maybe I'm talking to the choir but let's
do the best we possibly can to obey all the traffic
signs and all the red lights and so forth and I note you look up
and you say I think I can make that but maybe we just
slow a little bit.
That would be a big help.
But basically school has started and we
have kids waiting at school bus stops
and crossing the road so be very careful.
Thank you very much.
Chairman Jewell: Thank you sir supervisor Oates.
Supervisor Oates: Probably when you
said for now that's because the state changes the rules.
They change it a lot.
Just like local counties got rid of distilleries and that type
of thing and the counties.
The state came back and said no you have to do it now.
One being built in my district that county has no say over.
They get to be that permit they get the Virginia health permit
Virginia license, so the state can take the power away
from us real quick.
So we're doing what we can.
But again, keep in mind the state they call the shots.
If they come back and say every locality,
just like you saw tonight about different types of housing
and different lots.
Every locality has to have this in their ordinance.
If they tell us we have to have it
in the data center in the ordinance,
we're going to have to put it back
in because that's state law.
We have no choice.
So that's the for now.
The second thing is, what was brought up
about the energy corridor.
For the transmission lines.
I guess Mr. Bishop, since that was something
we needed to look at the Comp plan
it sounds like it's time sensitive is
this something we can pull off?
Or is this, where are we at with this?
>> Frankly ideally you would do it as part of your normal update
as something that was already discussed at the work session
within that scope.
If you're trying to do something the board
wants to direct us to do something sooner
you'll have to follow your normal public hearing
requirements and that sort of thing and of course
give us the time to actually draft it.
It's probably the primary example nearby example anyway.
Of a locality that's done that and while there's,
devil's in the details the general guidance in there
is that they're trying to keep them
within the existing corridors.
Definitely more detail to it than that.
But I wouldn't expect a recommendation
much different from that from us unless you
want to start an entire another data center and power line
discussion that could stretch out endlessly.
So that's a long answer.
But to answer your direct question
of if we can modify your comprehensive plan and a quicker
order than what we're currently doing with the update,
yes we can we just need to go ahead
and put it in the schedule.
Supervisor Oates: I would prefer we
take a look at that have our county
attorney our new attorneys assigned on
and staff take a look and see if that's something we
can get done before November.
Strengthens (Indistinct).
That's all I have.
Chairman Jewell: Anybody >> I would move we adjourn.
Chairman Jewell: We are adjourned.
[Background conversation]