[3:16] [Captioner present]
[3:28] [Background conversation]
[8:22] >> Good evening.
[8:23] I call to order the Board of Supervisors meeting Wednesday
[8:27] August 12th 2026.
[8:28] We have before us Pastor Ross Holzberg
[8:31] from new Hope Lions Church who will
[8:34] be delivering the invocation.
[8:36] Pastor thank you for coming out tonight.
[8:38] >> Please stand.
[8:40] Let us pray.
[8:43] Almighty father the creator of the universe
[8:47] come the sustainer of the universe.
[8:49] We lean into your wisdom.
[8:52] Knowing that you are ever present.
[8:54] Omniscient and omnipotent.
[8:58] Tonight in this room there will be words
[9:02] spoken with great passion.
[9:04] Hopefully with great wisdom and insight.
[9:08] Might we be reminded that you are the God of all creation
[9:12] and therefore are called to love one another.
[9:17] And rightfully disagree.
[9:19] In rooms like this.
[9:21] Give to our leaders the wisdom needed
[9:25] to discern what is best, not just for the hour
[9:30] but for the future.
[9:32] We thank you for those who are involved in our education
[9:36] system, as today was the first day of school.
[9:40] We ask, O Lord, your divine protection from the evil one.
[9:47] Throughout our entire county.
[9:51] Your gracious, you are kind, and might we find ourselves
[9:57] filled with wonder of who you are.
[10:01] In the name of Jesus Christ.
[10:04] Amen.
[10:05] >> Vice Chair.
[10:07] >> Remain standing.
[10:09] Pledge of Allegiance to the flag.
[10:12] >> I pledge allegiance to the flag of the United States
[10:14] of America and to the Republic for which it stands,
[10:14] one nation under God, indivisible,
[10:16] with liberty and justice for all.
[10:24] >> Thank you.
[10:30] Next up is the adoption of the agenda.
[10:37] How would the board like to handle it?
[10:39] >> Chairman I would move for the adoption of the agenda
[10:43] as presented.
[10:46] >> All those in favor.
[10:50] [Members voting aye]
[10:51] >> We have an agenda perfect.
[10:53] Next item up is citizens comments.
[10:54] Now this is for agenda items that are not
[10:57] subject to a public hearing.
[10:59] Madam clerk?
[11:00] How many do we have signed up?
[11:02] >> Mr. Chairman we have right now 17 folks signed up so I will
[11:07] call the first name and the second one to queue so that we
[11:09] can keep it moving.
[11:10] >> Okay a couple things please.
[11:13] When you come up, give your name, your magisterial district
[11:17] and you have three minutes and we're
[11:19] going to ask you please keep the applause because when
[11:22] she's calling the second name, people can't even hear it.
[11:26] We got a complaint the last time about their name being called
[11:29] and they didn't even know that it was being called.
[11:31] So just let it flow.
[11:33] Okay?
[11:34] Please.
[11:35] >> Donald Matlock followed by Vicki Michaels.
[11:45] >> Evening Donald Whitlock from the Gainsborough District.
[11:47] Good evening Mr. Chairman and members of the board.
[11:50] I live on Babbs Mountain Road in the path of the Valley links
[11:53] proposed study routes for its Valley North project.
[11:56] I'm here with a coalition of neighbors from Babbs Mountain
[11:59] Road, who has spent the past month working
[12:02] alongside her county staff on a challenge we all share.
[12:05] We have connected with more than 200
[12:07] of our neighbors, families in the path of these lines,
[12:10] to bring them evidence based factual information
[12:13] about what's coming and how we can respond to it.
[12:16] We see ourselves as partners with the board in this
[12:19] and we have tried to do our part.
[12:21] Informing the community and doing research
[12:24] so that you are decision makers have solid evidence
[12:27] based policies to work from.
[12:30] That research is now in your hands.
[12:32] We have delivered two reports and two formal proposals
[12:35] for your consideration.
[12:36] Like in July, we don't want to comment with just objections we
[12:40] want to come with workable solutions modeled
[12:43] on what has actually succeeded in other counties
[12:45] across Virginia.
[12:46] That's why I'm here tonight.
[12:49] Alongside my neighbors from Babbs Mountain Road.
[12:51] We know that you do not have control
[12:54] over the final decisions.
[12:55] That these decisions are made by the SCC.
[12:58] We are not asking you to promise anything you can't deliver.
[13:01] Instead, we are asking you to act on the research
[13:04] and to use what we've learned from other counties
[13:06] and to leverage our, your authorities to influence
[13:10] the siting of electric transmission lines.
[13:13] Specifically we're asking for you to do two things.
[13:16] First, direct the county to draft an electric transmission
[13:20] infrastructure and corridor policy
[13:21] amendment to the Comprehensive Plan
[13:23] to be approved before Valley Link files with the SEC.
[13:27] The timing on this is everything.
[13:30] The comprehensive plan is the primary tool
[13:32] this county has to influence the SCCs decision.
[13:35] And without it, Frederick County has
[13:37] no ground on which to stay in.
[13:40] The second, is to take action on our two proposals.
[13:43] One funds a citizen led advisory group
[13:46] to this board, a team of experts,
[13:49] to build the technical and legal record the county's case
[13:52] will need.
[13:53] At $250,000, the same amount our sister counties have each
[13:57] committed.
[13:58] The other creates by ordinance a standing energy corridor program
[14:02] guided by a citizen led steering committee
[14:04] and reactivates our county's conservation easement authority,
[14:08] which is currently not taking applications.
[14:11] But when leveraged, would help deter and prevent
[14:16] transmission siting through our protected lands for years
[14:19] to come.
[14:20] Other counties acted early and used the tools they already had.
[14:24] And it changed where the lines went.
[14:26] The research on this is clear.
[14:29] Our timing is key.
[14:31] Before Valley Link goes to the SCC.
[14:33] Working together we can do the same for Frederick County.
[14:36] Thank you.
[14:37] >> Thank you.
[14:40] >> Vicki Michaels followed by Wendy Dorsey.
[14:44] >> Mr. Chairman supervisors my name is Vicki Michaels and I
[14:49] live in the Stonewall District.
[14:50] I have to say the Facebook has been busy.
[14:55] With telling us that you all have already
[14:57] decided how you're going to vote on the two pending
[15:00] applications for data centers and it'll
[15:03] be for Twitter's decision and who the bad guys will be.
[15:07] I am choosing not to believe it.
[15:10] Because money can influence a lifestyle, but quality of life
[15:14] equals happiness and you all are intelligent enough
[15:17] to realize that.
[15:18] And most importantly, you are our leaders and men
[15:22] of integrity.
[15:23] My father always told me that integrity
[15:25] is who you are when no one is watching.
[15:28] When you look in the mirror, who you see back
[15:31] is more important than what others see.
[15:33] Webster's dictionary defines integrity
[15:35] as the quality of being honest, complete,
[15:39] and fair in your morals.
[15:41] All that I have was given to me by God,
[15:44] and we are charged to be accountable good stewards.
[15:47] Stewards of honor, good stewards of what we have been given,
[15:51] good stewards of our land and water.
[15:53] Thank you for being transparent honorable men of integrity who
[15:58] are good stewards.
[15:59] I trust that when you vote on the amendment
[16:02] to remove data centers as an allowed use and all
[16:05] of the county's zoning districts,
[16:07] it will be implemented quickly and has
[16:10] been written to ensure no loopholes, specifically
[16:13] in the TM and flex areas Flextech areas.
[16:17] And that it defines what a data center is and then prohibits
[16:21] them.
[16:21] From every zoning district rather than removing them
[16:25] from any mention.
[16:26] Some weeks ago, I asked that you do your due diligence,
[16:30] I'm asking that before either of the two applications previously
[16:34] submitted can be considered any further or voted on.
[16:38] That you have a water study and environmental impact analysis
[16:42] completed.
[16:43] Regarding transmission lines, for the record,
[16:47] a meeting held by invitation only is not a public hearing.
[16:54] [Applause] To quote my favorite fictional character
[16:58] Spock, the needs of the many outweigh the needs of the few.
[17:03] Your constituents have made it clear
[17:06] that the many do not want 220 acres of rural land rezoned
[17:10] to make a few people rich, building a data
[17:14] center at the detriment of Frederick County land water
[17:17] and peace of mind.
[17:19] And for that matter, any data center especially one
[17:22] that is going to be directly across the street from residents
[17:25] at the gateway.
[17:26] A vote in such a manner that you are
[17:29] proud of the man looking back when you look in the mirror.
[17:33] Thank you.
[17:37] [Applause]
[17:38] >> Wimpy Dorsey.
[17:39] Followed by Gary Shepherd.
[17:42] Wendy Dorsey.
[17:45] >> Folks it's exactly why we asked please keep the applause
[17:48] down.
[17:49] Could not hear it and I -- several complaints at the last
[17:53] meeting for the same reason.
[17:55] I appreciate your enthusiasm, I appreciate
[17:58] that you agree with them.
[17:59] But hold the applause please.
[18:01] Give the folks that are speaking some respect to.
[18:04] Thank you Ma'am.
[18:06] What's your name Anna --
[18:10] >> Wendy Dorsey Gainsboro members of the board thank you
[18:12] for the opportunity to speak to you tonight.
[18:14] I'll be clear with you up front so you can be certain where
[18:17] I stand and what I ask of you.
[18:19] I am opposed to any and all data centers and megawatt
[18:22] transmission lines in Frederick County.
[18:24] I'm on the Frederick County Conservation Easement Authority,
[18:28] the mission is to preserve undeveloped land.
[18:31] This has been set up to promote business land
[18:34] owners with their placing their land into conservation easement.
[18:37] We are not a fully functioning authority as we cannot hold any
[18:41] easements without funding.
[18:43] Because of this, anyone in Frederick County
[18:45] who wishes to place property into easement
[18:48] must use private entities such as Potomac Conservancy.
[18:51] Conserved properties using private entities
[18:54] do not have access to government resources and personnel,
[18:57] like the state Attorney General, to utilize
[19:00] when our concerned properties are in jeopardy
[19:03] as they are by Valley link.
[19:05] Our properties have been specifically
[19:07] targeted by Valley Link because they are undeveloped spaces.
[19:10] Help defend the property you have told us you value.
[19:15] Fill the gap that is left because there
[19:18] is no way at present to put our land and conservation
[19:21] easement with Frederick County.
[19:23] I ask that you show you will defend that which you promote.
[19:27] Additionally, for both power lines and data centers,
[19:33] many things were set into motion before information
[19:36] became public.
[19:36] Many of us are concerned that residents and natural resources
[19:40] are not a priority.
[19:42] Not being protected and respected.
[19:44] There is no out of the way place where a data
[19:47] center can be safely put.
[19:49] A data center is not a standalone building,
[19:52] they create a campus of substations, transmission lines,
[19:55] gas turbines and generators.
[19:57] They use huge amounts of energy and water.
[20:01] I spoke to Frederick Water today,
[20:03] and a very rough estimate I was given
[20:05] is that in total, all residential customers
[20:08] in Frederick County use 3.2 million gallons a day.
[20:12] With 18,000 residential connections the math comes up
[20:15] to about 178 gallons per day per connection.
[20:18] The would be developer of the proposed Winchester Technology
[20:22] Park, estimates that even with the closed loop system they will
[20:26] use 10 to 20,000 gallons per day.
[20:28] But have asked Frederick Water to supply them with 120,000
[20:33] gallons per day as a buffer.
[20:36] Frederick Water has agreed to supply this amount and more.
[20:40] If necessary.
[20:42] We here as in a June 17th work session R1 40 minutes,
[20:47] water is not an issue.
[20:49] But a statement one month later said
[20:51] Frederick water is fortunate to have a variety of water sources
[20:54] and Quarry reservoirs but those reservoirs
[20:57] could be depleted quickly under excessive demand.
[21:00] We ask the community to act now to avoid
[21:03] the impacts of severe drought in the future.
[21:06] This is without data centers in the mix.
[21:11] >> Thank you madam.
[21:13] Thank >> Gary Shepherd followed by Elizabeth Aylor.
[21:33] >> Good evening board.
[21:35] Supervisors.
[21:35] And chairman Joel.
[21:37] My name is Gary Shepherd.
[21:39] I have the privilege of being the president
[21:41] of the current battlefield Association.
[21:44] Our battlefield, if you haven't visited,
[21:48] is 355 pristine acres of very early settlement land.
[21:55] In Frederick County.
[21:56] It is also the site of three Civil War battles,
[22:01] and the KB a, 17 members on the board all volunteers,
[22:06] maintain that entire property.
[22:09] Our interest is not only maintaining
[22:13] the property and the mission of teaching history
[22:16] and preserving the history of the battlefield,
[22:21] but also to be a part of the historic community in Frederick
[22:25] County and Winchester.
[22:27] 3/5 of the battlefield is in the county.
[22:31] 2/5 is in the city.
[22:34] So you all have an interest.
[22:37] And one of the interests we have is our view shed, the water,
[22:43] and the electrical use, and the noise that these data
[22:48] centers are going to generate.
[22:50] We understand the need for data centers.
[22:53] Somebodies got to maintain the internet,
[22:56] somebody's got to store the data.
[22:59] There's plenty of other places in Frederick County.
[23:03] Where these data centers can be placed, where they're away
[23:07] from everybody and isolated.
[23:09] You can't put them near residential areas.
[23:12] One thing that keeps getting missed is the noise.
[23:16] And I'm talking about the low frequency noise.
[23:20] The 35 decibel and below.
[23:23] And the data centers keep avoiding this
[23:26] and they don't want to do a study.
[23:29] If you've all followed what happened in Havana Cuba,
[23:33] at our consulate to our embassy people, our State Department
[23:40] people, they all came down with these mysterious ailments
[23:44] of headaches, nervousness, sleep problems.
[23:48] All of the kinds of aches and pains.
[23:54] And this is going to be from low frequency noise being
[23:59] shot at the consulate.
[24:02] That kind of disturbance across from neighborhoods,
[24:07] like where the two are now planned, will be a problem.
[24:11] They also will cause breathing problems
[24:14] with animals, that's a problem.
[24:17] We've got 80 head of cattle, being
[24:19] run on the property as part of funding for the battlefield.
[24:25] That's going to also affect other farms as well.
[24:29] But it's also going to affect the residents that
[24:31] live right across the street.
[24:32] Doesn't matter to me whether they put up 14 foot berms
[24:37] or not.
[24:38] Thank you.
[24:40] >> Elizabeth Taylor followed by Arisa Ostertag.
[24:45] >> Hey y'all Elizabeth Aylor Back Creek.
[24:49] I stand up here again before you to remind you
[24:54] of the precious resources that we have in amongst us
[24:58] in our community.
[24:59] Where such guardians and stewards
[25:01] of this great Shenandoah Valley and the Appalachian Mountains
[25:04] and what privileges we have to be
[25:05] Americans and Virginians here.
[25:08] I work in a global marketplace.
[25:10] Every single thing that is coming down
[25:13] the pipe to us starting with data centers, is an illusion.
[25:17] It's not real.
[25:19] It's rich men selling stuff to other rich men
[25:22] and keeping a divide because it isn't us against us,
[25:26] it's us against them and they're coming.
[25:28] They're coming for our rural lands,
[25:30] they're coming for our water, they're
[25:32] coming for our way of life.
[25:33] Now I took a pledge of allegiance
[25:37] under God in order to be able to be a guardian and a Steward
[25:39] and I will fight to the death for that.
[25:42] I am a patriot.
[25:43] As are you.
[25:44] I am also a historian and I have read
[25:47] so many stories of heroes and American patriots
[25:50] and good men that stand against the tides during hardship
[25:54] and prosperity to protect us.
[25:56] And I believe and I trust in all of you
[25:58] that you will listen to the voices
[26:00] here as community members, as citizens, as neighbors.
[26:04] Our community is not a business.
[26:06] It's our home.
[26:10] What do we do in a world where they come for lightning bugs?
[26:15] That are going to go extinct?
[26:18] Can any money ever replace that?
[26:19] What do we do in a land that they don't value, water itself?
[26:25] Sustenance, life?
[26:27] We have the opportunity to work together in order
[26:31] to create abundance for future generations that
[26:34] could be extraordinary.
[26:35] Things to be proud of.
[26:38] Legacy.
[26:38] Honor.
[26:39] These are the things that we need to invest with.
[26:42] Soulful work together.
[26:44] Community, neighbors helping neighbors,
[26:46] that's how we've always been.
[26:48] That's how our roots run deep.
[26:50] We're all connected, we're all kin in that way.
[26:53] One one is busted up on the side of the highway you stop.
[26:56] If some family member is passing,
[26:59] you hold them in their grief.
[27:01] If a mother needs you to hold their child you do it.
[27:04] Because that's the honorable thing to do.
[27:07] We're sitting here talking about money and money don't have
[27:10] nothing to do with any of this.
[27:12] Nothing.
[27:13] We're better than this.
[27:15] And I'm telling you, there is a storms coming for us.
[27:19] Things you don't even realize.
[27:21] These tech oligarchs and these billionaires are psychopaths.
[27:25] And they don't care about us.
[27:27] They're coming for us.
[27:28] And I'm Warning you.
[27:29] I've been Warning you.
[27:31] Have mercy on us and protect us, be the men that we deserve.
[27:35] Thank you.
[27:36] >> Thank you Ma'am.
[27:38] >> Theresa Ostertag followed by Alexander Ritter.
[27:48] >> Name N --
[27:51] >> Hello my name is Theresa Ostertag.
[27:54] I am from Battle Creek.
[27:58] It's adding words oh my God -- just one second.
[28:03] I want to start by saying this.
[28:07] We have so much to be thankful for.
[28:10] We live in this beautiful county where
[28:12] we are blessed to have our precious people land on water.
[28:15] Because all our very fragile.
[28:17] Kind of like you don't want a fox in a hen house
[28:20] we don't want data centers either.
[28:22] Or gas turbines creating power.
[28:24] They come with a huge cost as well.
[28:26] They cannot be discounted or undone.
[28:28] We have an incredible amount of talent value
[28:31] and worth in the people in this room including you guys.
[28:35] We have to find a way to trust again.
[28:37] But until these things get locked down in policy,
[28:40] but also that you do not include high energy use facilities
[28:43] on the comprehensive plan which include solar, substations,
[28:48] data centers, utility corridors and tech corridors.
[28:51] Putting them in the comprehensive plan
[28:53] is like creating a nest for a bird,
[28:55] a bird will show up if you build it.
[28:56] If you create all the things in this plan
[28:59] our future will always be on the hook.
[29:02] Please honor this survey and the wishes of the people
[29:04] above anything else.
[29:06] Even ahead of the developer inside of you.
[29:09] I'm going to end on this.
[29:12] This is where it added words.
[29:16] Recently in Loudoun County the board member
[29:19] said this is about a data center application.
[29:21] The daycare approves of this application.
[29:24] These businesses approve this application.
[29:26] It is an industrial zone, this location
[29:29] is not in a residential zone, and the developer compromised.
[29:33] These are the words of someone elected that made promises.
[29:36] They aren't keeping.
[29:38] Please don't be them.
[29:39] Thank you.
[29:40] >> Thank you Ma'am.
[29:43] >> Alexander Ritter followed by Paige.
[29:47] >> My name is Alexander Ritter I reside in the Pecan District.
[29:51] I wanted to say that I support the broader
[29:53] goal of this amendment.
[29:55] The ordinance amendment to remove data centers.
[29:57] However if the goal is to prohibit them then
[30:00] we need to ensure that the amendment actually does that.
[30:02] Which as currently written, I do not believe it does.
[30:06] Let's talk about the draft that I read that was sent out
[30:09] on August 7th.
[30:10] The draft deletes the data center definition
[30:13] and removes the room from the use matrix
[30:16] but nowhere is there any mention that data centers
[30:19] are prohibited.
[30:21] Normally, simply removing a use and leaving it unlisted
[30:24] in the ordinance would ban it.
[30:27] But Frederick County is different.
[30:29] Let's take a closer look at why that is.
[30:31] And the use is not provided section was just added
[30:35] to the ordinance on May 13th of this year,
[30:37] it establishes a process for handling unlisted uses that is
[30:41] uses that are not listed in the zoning ordinance.
[30:44] It directs the zoning administrator,
[30:46] who is underneath the planning Director,
[30:49] when a use is not listed to determine the most
[30:53] similar listed use type and to treat the proposed
[30:56] use as the same as that one.
[30:58] And a use as prohibited if the administrator
[31:00] finds it similar to nothing in the ordinance.
[31:03] So if the administrator determines
[31:06] that an applicant comes in and they submit a project
[31:09] and they look at the use and they say oh, it's
[31:12] similar to let's say a warehouse.
[31:14] Which is an existing use type.
[31:16] Then we have a problem.
[31:18] A warehouse is by right and several districts making
[31:21] that project by right by default.
[31:25] Administrative approval without a hearing.
[31:27] No of course you can provide us with a assurances
[31:29] that a project would not be interpreted in such a way.
[31:33] But because it is not written in chapter 165
[31:35] there's nothing binding anyone to those assurances.
[31:38] Additionally the sections on use is not provided,
[31:41] never gives any clear criteria for what a similar use is
[31:44] and the lack of clarity regarding
[31:46] what constitutes a simple use is equally problematic.
[31:50] The ordinance doesn't tell us what
[31:52] makes one similar to another and even if the zoning administrator
[31:55] does not determine a data center project to be
[31:57] similar to any other listed use, an applicant
[32:00] could choose to challenge that determination.
[32:02] The developer could argue that the facility is actually
[32:05] a warehouse or some other existing classification.
[32:08] The question is, what provision of the ordinance
[32:11] prevents that argument from being made.
[32:14] It's important to ask these questions because if you think
[32:16] a developer won't exploit that, well they most certainly will.
[32:19] And even if they didn't the ordinance
[32:21] shouldn't give them the opportunity in the first place.
[32:24] Good zoning law shouldn't depend on everyone agreeing forever
[32:27] about what the drafters intended.
[32:29] It should just say what is and isn't allowed.
[32:31] So if you intend to ban data centers,
[32:34] let's ensure that the amendment accomplishes that.
[32:38] Keep the definition, expanded, keep
[32:41] the data center with every cell empty,
[32:43] that's how it's written in the ordinance.
[32:46] Amend to bar administrative reclassification
[32:49] and applying language stating that data centers are prohibited
[32:53] use.
[32:53] Thank you.
[32:56] [Applause]
[32:56] >> Page followed by Cleo's Trebatius.
[33:00] >> Hi my name is Paige I'm from Gainsboro.
[33:03] I am so tired of having to come here and fight for our county.
[33:08] For the data centers, for the Biolink, everything.
[33:12] I have five kids and I would love
[33:13] to be spending time with them.
[33:16] But on the other side of that I have five kids
[33:18] and my kids see that their mama shows up
[33:20] all the time to fight for the place that they live in.
[33:23] I'm so tired of hearing, we need to run
[33:26] Project County like a business.
[33:28] And respect the people in Frederick
[33:31] us because you guys are businessmen.
[33:33] But when you're using data centers like a payday loan,
[33:36] it doesn't feel like we're running it like business.
[33:39] I live six minutes from this aqueous thing at the triple J.
[33:44] And I'm not even in the little barrier thing
[33:47] invited to the thing, but I will be detrimentally impacted.
[33:50] My five children will be detrimentally impacted.
[33:53] My asthma, their breathing problems coma detrimentally
[33:56] impacted.
[33:57] I understand there's only so much you can do but like we need
[34:01] y'all to stand up in a bold way.
[34:04] To show that you two, respect Frederick County.
[34:09] This is our home.
[34:10] This is our heart this is our community, our village,
[34:13] we want development because it's coming right?
[34:16] We want growth but we want it great.
[34:18] We want it so that our children, my 20 year old my 19 year old,
[34:23] my 119 and six year old can come back and work actual livable
[34:27] jobs.
[34:28] Can be proud of the county that they live in.
[34:31] Can afford the McMansions we see everywhere.
[34:33] Because they work here in Frederick County.
[34:35] I want that for them.
[34:36] I want our schools to be the best.
[34:38] Because that's why Virginia is supposed to be known for.
[34:41] I want all of our stuff.
[34:43] Leslie Spencer famously has said that here on the East Coast
[34:46] Frederick County is one of the last places
[34:47] with actual real dark skies.
[34:49] You can turn off your lights in your house
[34:51] and we have true dark skies.
[34:52] I can see the Milky Way from my back deck in the cold.
[34:55] We need to protect that like our lives depend
[34:58] on it because they do.
[34:59] Like Frederick County is not fire
[35:01] so we don't need to hack everything up
[35:03] and we don't have money and take it to the pawn store.
[35:05] I'm tired of hearing we have plenty of water and then a week
[35:08] and a half later I get a Warning hey conserve your water.
[35:13] In my neighborhood there's a pond that is spring fed
[35:17] and for the last four years I've watched it dry completely out.
[35:20] I live up by North Mountain and I watch people on Frog Hollow
[35:24] come out their wells bottom out.
[35:26] We have a problem already.
[35:28] And it's just going to be exacerbated.
[35:30] Please take care of us.
[35:31] We need you.
[35:35] [Applause]
[35:35] >> Leo followed by Chuck Tinsley.
[35:43] >> Good evening board of Supervisors.
[35:45] My name is Cleo, I'm actually a resident of Winchester City.
[35:51] That data center is.
[35:54] That language needs to be removed, or sorry the language
[35:58] around data centers being removed entirely
[36:00] instead of it being deliberately prohibited,
[36:05] your reasoning for that might be beyond,
[36:08] at least the public understanding as to the why.
[36:13] But as you've heard everyone behind me
[36:16] very passionately express, it needs
[36:18] to be explicitly clear that data centers are not welcome here.
[36:24] Simply removing the words does not
[36:27] mean that data centers are not going to be allowed right?
[36:31] It just opens a Pandora's box for what could be a data center.
[36:36] If the county isn't going to specify specifically.
[36:40] The corporations and special interests
[36:43] will always look for loopholes and ways
[36:45] to extract our resources and exploit our land.
[36:47] The people of Frederick County here tonight
[36:50] do not want to continue to declare time and time again
[36:53] for months now, that they do not want data centers.
[36:57] Your role as supervisors is to represent the interests
[37:00] of your constituents.
[37:01] Not out of state developers or even local developers,
[37:06] if their interests involve just getting money.
[37:12] Right?
[37:15] They can make as much money today
[37:17] and tomorrow, they really are not considering
[37:20] our children's future.
[37:22] Our water, our lands.
[37:24] And the impact that this kind of development
[37:28] will make and exacerbate the current climate crisis as
[37:31] described.
[37:31] So while I may not currently be a resident of Frederick County,
[37:36] I know I am not the only one Chester City
[37:39] resident here tonight.
[37:40] Standing in solidarity and opposition
[37:43] against reckless development, not to mention
[37:46] Valley Link even just thinking about data centers
[37:49] but it is all the same struggle.
[37:52] For our water, our lands, and our lives.
[37:55] Not just our way of life but truly our lives.
[37:59] Data centers in even Loudoun County impact us.
[38:04] So a potential data center that is a mega size 220 acre data
[38:11] center would no doubt have negative impacts
[38:15] for all the people who are surrounded
[38:17] by Frederick County, namely Winchester city residents.
[38:21] So please protect your constituents,
[38:23] protect our environment, and prohibit data centers
[38:27] once and for all.
[38:29] I would like to end my time with a quick quote from Aldo Leopold.
[38:34] Conservation is getting nowhere because it
[38:37] is incompatible with our Abrahamic concept of land.
[38:39] We abuse land because we regard it
[38:41] as a commodity belonging to us, when we see land
[38:44] as a community to which we belong we may begin
[38:46] to love it and respect it.
[38:48] >> Jack Tinsley followed by Terry Flynn.
[38:57] >> Hello everybody.
[38:58] My name is Jack Tinsley Gainsboro.
[39:02] Let me tell you all about West Virginia.
[39:04] West Virginia lost their fights a long time ago,
[39:07] two bills were passed that stripped authority
[39:09] from all the cities, the counties, the local governing
[39:12] bodies, the people themselves.
[39:14] To have any input on the construction and use of data
[39:18] centers and they have confidentiality provisions
[39:20] so their people can't even know what's being built.
[39:23] Because of that the people have had to pay over $250 million
[39:27] in increased taxes and our neighbors
[39:29] here in Berkeley County are going
[39:31] to see three rate increases for electricity in the next 18
[39:35] months, two of which are going to be within the next six
[39:37] months.
[39:38] Do we want to see that happen to us?
[39:41] That's right.
[39:42] And that's why you all have people united
[39:45] across political spectrums and backgrounds
[39:46] because we're fighting the same fight and we have a common enemy
[39:49] and that's the data centers and the transmission line.
[39:52] So I appreciate what the county is signaling cherry juice
[39:56] said that he wants a ban.
[39:57] I appreciate that.
[39:58] The Planning commission voted 10 to 0
[40:01] denying Equus which was beautiful.
[40:03] Gateway withdrew.
[40:04] But that doesn't mean they can't reapply again.
[40:08] Equus is having an invite only bring your ID meeting
[40:12] at the Clearbrook Fire Department on the 25th
[40:14] to intimidate and cajole our neighbors into supporting
[40:17] their plans.
[40:18] We need and demand more than the first step
[40:21] to ban future data centers, we need
[40:23] to demand a rejection of all of them in our county right now
[40:26] today.
[40:27] We've got two live applications at the board
[40:31] can shoot down at any moment.
[40:32] Attorney Fox said that he was scared that we'd get sued.
[40:35] So what?
[40:35] This is America.
[40:37] You can get sued for anything that
[40:39] doesn't mean they're gonna win.
[40:42] They need to prove that they have vested rights, that's
[40:46] saga significant affirmative governmental acts.
[40:49] Plus good faith reliance from the developer.
[40:51] Plus extensive obligations made and substantial expenses
[40:55] paid in diligent pursuit with a 10 to 0 vote on Equus,
[40:59] the withdrawal of gateway there isn't saga
[41:01] there's not even a week saga.
[41:03] Nothing.
[41:04] So what are you afraid of?
[41:06] Barnett.
[41:07] Alike now.
[41:08] Do your job or put people in power that will and believe me
[41:12] there are plenty of people behind me
[41:13] that are already running for U.S. Seats.
[41:15] So we'll see you in November, we'll see you again in a year
[41:19] after that because we're not going away.
[41:21] I have a QR code for folks to see where they're registered
[41:25] to vote if they're registered to vote,
[41:27] how to register to vote so see me outside
[41:29] and I'll tell you what else we're planning
[41:31] to stop these data centers.
[41:33] Thank you.
[41:35] [Applause]
[41:35] >> Terry Flynn followed by Todd Folmsbee.
[41:41] >> Good evening.
[41:42] My name is Terry Flynn, I'm from the Back Creek District.
[41:46] And I agree with all the comments.
[41:49] I just want to bring forth two comments for the transmission
[41:53] lines that I have not heard spoken.
[41:55] As far as the transmission lines go, we live in a valley.
[41:59] Are air quality is stagnant as best
[42:03] and you want to bring in transmission lines that are only
[42:06] going to increase the stagnation, the radiation,
[42:10] and anything else that would come from the lines.
[42:14] And as far as the lines go also they
[42:16] want to take up your forms, your orchards,
[42:19] these are our last hope for clean food.
[42:23] Our last hope.
[42:25] I pray that you will not take it away.
[42:27] And as far as the data centers go, why do we need data centers?
[42:31] What's the purpose of them?
[42:34] We have smart watches, we have computers, we have smartphones,
[42:40] we have smart appliances, we have smart TVs,
[42:43] now we have cars that will dictate
[42:46] or can tell you when you're capable of driving.
[42:49] And from what I have read today, I
[42:52] do believe that coming down the pipe we're
[42:54] going to have grocery carts that are going to take your pulses,
[42:57] your respirations, y?
[43:01] Why do they need all this information?
[43:04] Did we not learn anything from the COVID pandemic?
[43:10] (Indistinct) they made a problem in common with a solution.
[43:16] I pray, this is down the road it may not happen tomorrow
[43:20] it may not happen to years it may not happen in three years.
[43:23] But the writing is on the wall and I
[43:25] pray that you would vote accordingly.
[43:27] Thank you.
[43:30] >> Todd Folmsbee followed by Rebecca Rieger.
[43:33] >> Chairman Board of Supervisors my name is Todd Folmsbee
[43:37] I'm a resident of Frederick County on Quam district I'm here
[43:40] tonight because I have deep reservations about allowing data
[43:43] centers.
[43:43] Development or county because I believe
[43:45] that this board has a responsibility
[43:46] to be the protectors of the people who live here.
[43:49] And I'm asking you tonight to table the vote
[43:51] and take the time to finalize the language.
[43:53] To protect our county.
[43:55] Understand the argument for simply deleting references
[43:58] to data centers sounds like a good thing,
[44:01] but deleting something is not the same as prohibiting it.
[44:04] The distinction matters especially
[44:05] given how the (Indistinct) are written specifically
[44:09] to address the use as not written concern.
[44:11] If the ordinance does not specifically
[44:13] prevent data centers an unlisted use
[44:15] can still be evaluated through a closest comparison process.
[44:19] And that's, if we remove the language that
[44:22] identifies the density while leaving the door open one
[44:24] could come back with something else a warehouse, storage,
[44:27] light industrial use so I'm asking the board
[44:29] to make five specific changes.
[44:31] First one in the referral to the Planning Commission
[44:33] so the commission can fully examine the implications.
[44:36] Second retain and expand the definition of a data center
[44:39] don't delete it.
[44:40] This definition has to stay there the definition matters
[44:43] because the county can't effectively prohibit something
[44:45] that's failed to define.
[44:47] Third write an actual prohibition in plain language.
[44:49] Data centers are not permitted in any zoning district period.
[44:53] Do not simply delete the term.
[44:56] Fourth, please keep the data center row in table six one,
[44:59] and just leave that row empty and empty
[45:01] prohibited use row communicates something very
[45:03] different from making the use disappear potentially
[45:06] allowing it to be treated as an unlisted use.
[45:09] Lastly please close the administrative reclassification
[45:12] pole.
[45:12] I asked you to add explicit language
[45:15] to prevent a data center from being
[45:17] classified as a warehouse storage or any type of event
[45:20] use.
[45:21] You know I would not stand here and tell you
[45:23] every data center is going to cause
[45:25] property values to collapse.
[45:27] Overstate the evidence but research in Northern Virginia
[45:32] negative properties property values in this county will drop
[45:34] and I don't want mine to drop.
[45:36] Energy costs are more concerning Virginians on analysis
[45:39] so that increasing data center demand
[45:41] is going to raise the costs for everyone.
[45:43] We're all going to pay more for power.
[45:44] We're all going to pay more cost will get pushed to taxpayers.
[45:47] This is not about an industrial building someone
[45:50] else properties it's about our electric bills it's
[45:52] about our infrastructure in our neighborhoods,
[45:54] it's about our property values and it's about
[45:56] whether people who live here have
[45:58] meaningful protections before these enormous facilities
[46:00] arrive.
[46:01] We're not asking you to rush, we're asking you to pause
[46:04] to fly and protect.
[46:06] Please table tonight's vote (Indistinct)
[46:09] keep the data center definition in here
[46:12] and write an unmistakable prohibition of the ordinance.
[46:14] Please make the ordinance say what you mean.
[46:17] Most importantly please remember who you represent,
[46:20] the residents of this county or trusting you to protect
[46:23] the place we call home.
[46:24] Thank you.
[46:28] [Applause]
[46:30] >> Rebecca Rieger followed by David Dixon.
[46:34] >> My name is Becky I'm a Gainsboro resident I'm also part
[46:39] of the coalition of neighbors that have shown up here to be
[46:41] a thorn in the side to anybody with valid link.
[46:44] I'm here tonight, last week I went
[46:47] to Loudoun County for the first time in a long time,
[46:49] don't generally go over that side of the mountain.
[46:51] What I saw was surreal and dystopian.
[46:53] Data center after data center, nothing that was the entire view
[46:57] shed that we had.
[46:58] And I thought to myself what does that have
[47:00] to do with Frederick County?
[47:02] What do we want that here for?
[47:03] We do have industry here Sherry.
[47:05] But not like that.
[47:07] Empty warehouses, that's not going to bring employment here
[47:10] to the community.
[47:11] It's not going to bring what we need in the long run.
[47:14] We need long term sustainable growth.
[47:18] So we're watching other counties right now.
[47:22] Fight the same thing.
[47:23] And we're looking at our board and the moves look right.
[47:27] We're going to take data centers off the table.
[47:29] I think it comes in the right direction, but also what
[47:32] about the existing projects?
[47:34] Right now we have Clearbrook going
[47:36] through an invite only meeting as page said.
[47:39] By the crow flies it affects our neighborhood
[47:41] but we're not allowed to go.
[47:43] Is anybody from the board allowed to go?
[47:45] Who is going to be there with the citizens standing up
[47:47] for them?
[47:48] Making sure that their rights and their land is protected?
[47:52] Sometimes to me it feels like we're
[47:55] hedging our bets here so that we make
[47:57] the corporate businesses happy and we make our citizens happy.
[48:01] Last time we were here we talked about the SCC,
[48:04] we were told to send letters.
[48:06] Those letters were essentially trashed.
[48:09] There is no case.
[48:10] So we cannot write them at this point.
[48:12] Why are we being sent on goose chases?
[48:15] If we don't know at the end of the day in business
[48:17] it's okay to say that.
[48:18] I don't know.
[48:19] I'll get the answer for you or we'll figure this out together.
[48:22] That's what I learned in almost 20 years in corporate life.
[48:28] So yeah.
[48:30] With the data centers, like I said it's
[48:34] a step in the right direction.
[48:36] But at the end of the day, we need
[48:37] to do what's best for our community.
[48:39] With Clearbrook it will pay 237,000,000/20 years.
[48:43] That's 4% of our revenue each year.
[48:46] At the end of the day if this bubble burst is it worth it?
[48:50] Will be left the citizens you as well as citizens
[48:53] will be left with a detriment.
[48:55] We don't want to look like Loudoun County.
[48:58] We don't want to look like a dystopian future,
[49:00] we want to look like Frederick County we
[49:02] want to grow and sustainable ways that can make sure
[49:06] that our children, and we have a place to retire and live.
[49:10] The future to come.
[49:11] Thank you.
[49:14] [Applause]
[49:14] >> David Dixon followed by Jennifer Smith.
[49:24] >> My name is David Dixon with the Stonewall District.
[49:26] My first agenda is how Frederick County
[49:28] says they're banning data centers from the counties
[49:30] own nauts who are removing the words data centers not
[49:34] the same as prohibiting them.
[49:36] And it's written into ordinance to ban them.
[49:39] Second last time I spoke, I commented
[49:41] about the extreme level of how the Valley Link Power Line
[49:45] project is affecting the Dixon family farm and many others
[49:49] in the county.
[49:50] How they are trying to run the power lines over
[49:54] top where members of my family are buried in the Dixon Family
[49:57] Cemetery.
[49:58] My family that has passed deserves
[50:01] to be able to rest their souls in peace.
[50:04] Also I have a three year old daughter, and her health
[50:08] and to think about.
[50:11] Is where this cannot happen.
[50:14] All I'm asking is to follow what the Clark County
[50:17] Board of Supervisors are doing for their constituents
[50:19] and follow their protocol.
[50:21] I heard Frederick County has put aside $250,000 towards attorney
[50:26] fees, I'm not sure exactly if that's true or --
[50:31] Clark County is at 750,000.
[50:33] Lastly with the studies being conducted
[50:35] with the mining for the Quarry, the property of the Quarry,
[50:39] that is supposed to be a buffer zone tax mapped by the 30
[50:42] for a ten C beside my property 451 Grace Church Road
[50:47] in Clearbrook a buffer zone for its entirety.
[50:50] I would hope the survey of route 11 with the mountains
[50:54] and mounds of dirt will be a lesson learned
[50:57] as the wild buffer zones are so important.
[51:00] Also I disagree there needs to be no noise
[51:04] ordinance for our farm animals.
[51:05] Like what was mentioned of another meeting,
[51:09] I don't know if that was a joke or what.
[51:11] But we don't want a Loudoun County Frederick County.
[51:15] >> Thank you.
[51:17] >> Jennifer Smith followed by Kurt Kreuger.
[51:27] >> My name is Jennifer Smith I'm from Stonewall.
[51:29] So the data center that you guys are potentially
[51:33] going to be voting on is in my backyard.
[51:37] I had the wonderful opportunity of going to Loudoun County
[51:41] this weekend and drive down Loudoun County Parkway.
[51:44] And see all their fantastic data centers.
[51:47] And they're still building.
[51:49] I can't, all the way up to Dallas Town Center from Loudoun
[51:55] County Ashburn is data centers.
[51:57] And their massive.
[51:59] Their huge.
[52:00] And they are probably as tall as some hotels.
[52:04] Massive fenced, and in the news we continually see
[52:09] those neighbors or people in the community complaining
[52:12] about the smog and the generators and the smoke
[52:16] that it is bringing, the noise and everything else that
[52:19] comes with it.
[52:20] My concern is and everybody's bringing up
[52:23] that you guys are going to vote to remove data centers.
[52:28] They're saying good fences make good neighbors is
[52:31] very big in this situation.
[52:34] Clear boundaries of what we will and will not allow is important.
[52:38] That's how companies don't sneak in.
[52:41] Corporations have a huge history of coming into rural communities
[52:46] and abusing them.
[52:49] They come in, they see land, they
[52:52] see people who can't afford to fight them,
[52:54] and they use that in their favor.
[52:56] Because they know that they can take advantage of it.
[52:59] They strip their resources, and they
[53:02] leave these rural communities behind without jobs,
[53:05] with all the environmental dumping, and all the health
[53:10] problems that come with this.
[53:11] And they walk away.
[53:13] They are not held accountable, nobody thinks about it.
[53:16] And a few people in the county get
[53:18] rich while most of the people suffer for it.
[53:21] You guys are elected officials.
[53:24] You are elected to represent us.
[53:27] Those businesses are not electing you.
[53:29] They're out of state, they are out up in Washington,
[53:33] they're spending millions of dollars
[53:34] to lobby to take our rights and our votes away from us.
[53:38] To get what they want.
[53:40] You need to set strict boundaries, strong fences,
[53:44] that benefit your community.
[53:46] The people you represent, that is what you are here for.
[53:49] We are your community.
[53:51] Our investment, our lives, our future,
[53:55] that's what's important to you and you
[53:56] need to reflect that, when you make decisions.
[53:59] That is not an option.
[54:01] That is what you are elected to do.
[54:03] That is your oath.
[54:04] And you should stand behind that and stand up
[54:07] for what you're supposed to be here for.
[54:08] And that is us.
[54:10] Thank you.
[54:14] >> Kurt Krieger followed by Blaine Dunn.
[54:21] >> Members of the board chair Joel.
[54:23] My name is Kurt Krieger I live in the Back Creek
[54:26] magisterial district.
[54:27] This evening I speak for myself without compensation
[54:30] from anyone.
[54:31] I'd like to speak in favor of agenda item
[54:35] 13 C referral to the Planning Commission
[54:37] which you will then hear back in another public hearing.
[54:41] Removing data centers as an allowable use.
[54:45] Smart girl with America a well known national organization
[54:48] in April 2026 published a story called
[54:51] Data Centers Are Here and more are coming our zoning
[54:55] is not ready.
[54:56] In the article they conclude unlike traditional industrial
[55:00] uses data centers generate very few jobs relative to their size,
[55:04] require enormous amounts of electricity,
[55:07] and significant quantities of water
[55:09] they may look like warehouses but they function more
[55:13] like major pieces of energy infrastructure.
[55:16] So let's talk about data for a minute.
[55:19] Energy infrastructure includes things
[55:20] like nuclear power plants.
[55:22] So we should be looking at them in the same light.
[55:25] My only question is why are you slow
[55:28] walking this code amendment?
[55:29] It's been three months since the county attorney
[55:32] originally pro offered your choices.
[55:35] And that was May 13th I believe.
[55:38] So here it is now well into August.
[55:40] Action is necessary.
[55:43] Public health safety and welfare requires all hands on deck,
[55:47] no delays are warranted in a concerted effort is required,
[55:50] to act responsibly to remove data centers from the County
[55:55] code.
[55:55] Speaking of acting responsibly, members
[55:57] of the Board and Planning Commission county staff
[56:00] have a duty to represent the public interest.
[56:04] Not their personal private or business interests.
[56:07] During your joint work session July 23rd,
[56:09] during the breakout sessions I was shocked when the Vice Chair
[56:13] of the Planning Commission Roger Thomas the most senior member
[56:17] of the Planning Commission, offered his opinion that
[56:20] the McDonald farm in the Back Creek District Carson Lane
[56:24] Heights Road is a great place for a data center because quote,
[56:28] it's surrounded by solar fields and junkyard and a substation.
[56:32] Notwithstanding that the farm is miles away from the water
[56:37] service area, miles outside of the urban development area,
[56:41] and three miles west of I 81, according
[56:44] to the adopted policies and plans you put into place,
[56:48] it is inconsistent and incompatible
[56:50] for development as a data center.
[56:52] Moreover the solar field junkyards and substations all
[56:55] are exist with the approval of the county
[56:58] or the aqueous and so the county.
[57:00] So you created the instance the circumstance the environment
[57:04] and then it's being used as a cudgel against people.
[57:07] The enrichment of one land owner at the expense of many
[57:10] is not securing the public interest responsibly.
[57:13] I urge you to put an end to the 15 month
[57:16] saga of leading the McDonald's on and taking data centers out
[57:20] of the code.
[57:20] I would further suggest that other pieces
[57:23] of energy infrastructure also be removed from a thank you.
[57:27] >> Blaine Dunn followed by Pete Soloski.
[57:42] >> My name is Blaine (Indistinct) those opposed
[57:47] to data centers have raised the following issues.
[57:50] Water, power, save the view, budget issues,
[57:54] National security.
[57:56] The board has the ability to allow
[57:57] for data centers in Frederick County address
[58:00] the concerns of those close to data centers.
[58:03] Water, you have two firms that have more than $300,000
[58:06] or gallons per day everybody else in this county businesses
[58:09] needs 100,000 or less the proposal here is in the $100,000
[58:13] range.
[58:14] If water becomes an issue then want to state any other business
[58:18] you can't come here because of water?
[58:20] There are alternatives to water including
[58:22] glycol dielectric and others.
[58:24] You can build a data center with alternatives to water.
[58:28] Power.
[58:29] Electric grid right now has to be improved.
[58:32] Data centers are not electrical grids
[58:35] are likely to rise to deal with that improvement.
[58:37] You can also build a data center next to a substation that
[58:41] require the data center to go and pay
[58:44] for true cost that does not pass the cost on to the consumers.
[58:47] So that's an option to address that issue.
[58:50] Save the view.
[58:51] Redbud used to be farms.
[58:54] It is now houses.
[58:56] Stephens City used to be houses.
[58:58] Or used to be farms not houses.
[59:00] High road and Marble Road or apple orchards that are now
[59:05] houses.
[59:05] I don't remember a whole lot of people
[59:07] saying save the view when those houses were being brought up.
[59:10] Budget issues.
[59:12] With the proposed data center a year ago
[59:15] would raise about $50 million per year
[59:18] over plenty of time frame for a simpler budget,
[59:21] a similar data center in the northern part
[59:23] of the county near substation would also
[59:25] raise a similar amount so you're talking about $100 million.
[59:27] Two years ago your residential bill state tax revenue
[59:30] was about 89.6 this year it's a little bit more
[59:33] than $90 million.
[59:35] It's a way (Indistinct) address budget issues.
[59:39] The county is expected to $250 million of new budget request
[59:42] how do you pay for that?
[59:43] In tax fees real estate increases that's a fair policy
[59:47] question that you want to consider.
[59:49] The land use for two data centers.
[59:52] Would be less than one half of 1% if you had two square miles
[59:55] that's county about 416mi² of land two data centers cost them
[1:00:01] less than one half of 1%.
[1:00:02] There's also a national security issue.
[1:00:04] Data centers are good for business
[1:00:06] you see the comments that China would like to encourage people
[1:00:08] not to have data centers.
[1:00:10] So consider that in the options that you're dealing with.
[1:00:14] The board can go and profit solutions to issues everyone
[1:00:18] here has raised including the noise issue.
[1:00:20] And come to a conclusion that benefits
[1:00:22] Frederick County with the revenue
[1:00:23] and benefits the concerns of the people behind me.
[1:00:26] I'd encourage you to allow data centers (Indistinct)
[1:00:30] and then benefit everyone.
[1:00:33] Thank you.
[1:00:39] >> Peter Orlovsky -- followed by Elaine Goldfeder.
[1:00:49] >> Folks.
[1:00:50] Folks.
[1:00:50] Everyone has a right to speak.
[1:00:53] You may not agree with it, you may not like it,
[1:00:56] but everybody has a right to speak.
[1:00:58] So I said this earlier I'm going to say it again.
[1:01:00] Show respect to the speakers please.
[1:01:05] >> Hi thank you board.
[1:01:06] My name is Pete Kukowski I reside in Battle Creek.
[1:01:10] And today I'd like to speak about data centers.
[1:01:13] Now 15 months ago or so, residents
[1:01:18] in my neighborhood which is across from the McDonald
[1:01:22] farm or I received a postcard and our lives changed.
[1:01:25] We are told that a hyper data center was being proposed right
[1:01:30] across the street.
[1:01:31] And going to the subsequent board meeting
[1:01:35] we were told that we shouldn't use emotion, we should use data.
[1:01:38] And as a person that's kind of a data geek,
[1:01:41] I kind of dived into things like water and looking at power.
[1:01:45] But as time evolved it became very clear that it isn't just
[1:01:49] so much water and power.
[1:01:51] It's the environmental condition, it's about community.
[1:01:55] Our neighborhood has lost residents just because of,
[1:02:00] they couldn't, didn't want to deal
[1:02:02] with the stress of living across the potential of a data center.
[1:02:05] And that's not right.
[1:02:07] I mean there is so much that we were building in Frederick
[1:02:15] County in terms of community.
[1:02:17] Our neighborhood was becoming a special neighborhood.
[1:02:19] And with people leaving because they just
[1:02:22] don't want to deal with that stress, that's not correct.
[1:02:26] So we need the protection of that.
[1:02:29] And when the board announced last month
[1:02:32] or so that they were going to put this resolution in place,
[1:02:35] everyone breathed a sigh of relief.
[1:02:37] Said okay maybe we're not going to lose
[1:02:41] our major investment because houses are our major investment.
[1:02:45] Maybe our life isn't going to change.
[1:02:47] But even as much as this month, we
[1:02:51] have seen videos of county officials saying
[1:02:55] that the McDonald farm is an ideal place for a data center
[1:03:01] and it causes us to wonder, what is going on?
[1:03:04] My request for this board is to come out
[1:03:07] clearly and say what you mean in terms of data centers.
[1:03:11] Are you going to ban them or are you going to,
[1:03:14] or are you going to put in something that we're
[1:03:17] going to be living year and year and year
[1:03:21] afterwards until finally somebody puts one in
[1:03:24] or everybody moves out because we can't
[1:03:27] deal with the stress anymore can I we need to have this resolved.
[1:03:31] The quality of life of everyone that's
[1:03:34] living by a data center and everyone in the county
[1:03:36] needs to be protected and appreciate that antifungal.
[1:03:41] Thank you.
[1:03:42] Appreciate double appreciate that answer from this board?
[1:03:47] Thank you.
[1:03:50] >> Elaine Goldbetter.
[1:04:03] >> Good evening everyone my name is Alan Goldberg and I live
[1:04:06] in Battle Creek district.
[1:04:09] I'm here to speak about the impact of the large data
[1:04:13] centers in our community.
[1:04:15] While they support modern technology
[1:04:17] it also brings serious concerns including high electricity
[1:04:21] use, that constrain our power grid and raise energy costs.
[1:04:26] Many also use huge amounts of water especially concerning
[1:04:29] during drought conditions permit (Indistinct) increased traffic
[1:04:34] noise and air pollution.
[1:04:36] Before approving more data centers
[1:04:38] we must put our community first.
[1:04:40] Strong limits on water and energy use.
[1:04:43] Protections to prevent higher utility costs for residents.
[1:04:47] Communities should also be responsible for any add ons
[1:04:50] to roads infrastructure.
[1:04:52] Technology is important but (Indistinct)
[1:04:56] quality of life and health.
[1:04:58] Therefore I urge the board to prohibit data centers
[1:05:00] in Frederick County from only to approve (Indistinct) protect
[1:05:06] our community today and in future generations.
[1:05:09] >> Mr. Chairman that's the end of the list.
[1:05:12] Chairman Jewell: Okay if there's anyone
[1:05:15] that would like to come up and speak hang on just wait come
[1:05:17] on if there's anyone that would like to come up and speak what I
[1:05:19] would like for folks to do is to line come on first one
[1:05:22] to come up to speak and the other ones line up by the poll
[1:05:24] so that we can go through this.
[1:05:26] Name magisterial district three minutes please.
[1:05:28] Yes Ma'am.
[1:05:30] Come on up.
[1:05:42] >> My name is Penny Smith.
[1:05:44] I'm from the Pekin district.
[1:05:47] I had not planned to speak but sitting here a couple
[1:05:51] things came to me.
[1:05:52] So I don't have a lot of words.
[1:05:57] I have a couple statements and a couple questions.
[1:06:02] I'm wondering what you gentlemen and said
[1:06:06] respectfully come on gentlemen come on I'm
[1:06:09] wondering what you plan to do about the brown water.
[1:06:15] See we're not in five years ago or even three come on we're here
[1:06:21] today , AOC the congresswoman went to Georgia
[1:06:28] and the community was very sick.
[1:06:31] And she brought back two jugs of brown water
[1:06:34] and she held them up.
[1:06:42] I ache for those people.
[1:06:47] Everyone in this room, two, we come with our own bias.
[1:06:55] We come with our own background.
[1:06:57] We come with our own perspective.
[1:06:59] And there's nothing wrong with that.
[1:07:02] I remember at work taking a class, recognize your biases.
[1:07:07] You don't get rid of them you recognize them.
[1:07:09] I see I've taken more time so let me move faster.
[1:07:13] What do you do with when I go to Loudoun County I can't breathe
[1:07:20] and the sky is always gray?
[1:07:22] What do we do about the Havana syndrome?
[1:07:29] I brought that up to you before, I remember.
[1:07:33] That was at Lake Frederick.
[1:07:35] And we're hearing that more and more.
[1:07:38] What do we do with the knowledge we have today that we
[1:07:42] didn't have 3 or 4 years ago?
[1:07:45] You can never say, after you vote,
[1:07:51] that you didn't know because you do know.
[1:07:54] Whether it benefits you financially,
[1:07:57] or professionally, you know what will happen.
[1:08:01] You know how the community feels.
[1:08:05] And I do respect your authority, your elected position that you
[1:08:11] represent us, I cannot vote, that's your prerogative.
[1:08:17] That's your privilege.
[1:08:19] So I bless you and maybe this is really really arrogant,
[1:08:23] but okay we're worried about the drought
[1:08:25] and now we've had all this rain, God said to me a month ago
[1:08:29] where are you?
[1:08:30] Where are your prayers for rain?
[1:08:32] And I've been asking him for an inch a week.
[1:08:35] I pray over this community.
[1:08:37] I pray over you.
[1:08:41] >> Thank you Ma'am.
[1:08:44] [Applause]
[1:08:49] >> Good evening thank you for allowing me to speak my name is
[1:08:51] Leslie Spencer Gainsboro and I'm having a resource meeting
[1:08:54] to help fight Valley link north at Bowman Library on August 17th
[1:08:58] in September 1st from 4 to 730.
[1:09:01] And I have a bookmark on how to save farmlands
[1:09:04] and you can ask me for it tonight and, by the way
[1:09:08] all of you and all of you behind me.
[1:09:10] Are doing one of the biggest actions
[1:09:13] by being here tonight so thank you.
[1:09:15] Then God bless you and God bless Frederick County.
[1:09:18] I strongly support removing data centers as a use,
[1:09:21] thank you so much for listening.
[1:09:23] But I think that tonight also gives us
[1:09:25] an opportunity to talk and define
[1:09:28] about what we want instead.
[1:09:29] Maybe as supervisor comments.
[1:09:31] Our survey was remarkable.
[1:09:33] Agriculture and agribusiness small and local businesses,
[1:09:37] and tourism were overwhelmingly supported.
[1:09:40] Data centers and technology infrastructure received as 4%.
[1:09:44] Manufacturing logistics was also really low.
[1:09:47] We do want economic development but maybe
[1:09:49] it's way more sustainable and requires less water
[1:09:52] and electricity than we think.
[1:09:54] Maybe we don't need to expand this plaza
[1:09:57] and the UTA maybe we can study Agritourism and a small business
[1:10:01] economy as long as we studied and talked about data centers.
[1:10:05] That could support us.
[1:10:07] The small business and agritourism.
[1:10:09] Maybe we have trade offs or we have to pay a few more cents.
[1:10:13] On our taxes.
[1:10:15] If we don't want more industrial and high energy use.
[1:10:18] Let's offer our people a choice.
[1:10:21] And I think that is why we need to look carefully
[1:10:24] at pillar for our targeted industry strategy.
[1:10:28] Sorry.
[1:10:30] Targeted industries are super important,
[1:10:31] when a future project asks for zoning infrastructure or changes
[1:10:35] to our development boundaries, we hear this,
[1:10:37] this is an industry Frederick County said it wanted.
[1:10:40] This is also set up what our Ada director does
[1:10:43] and also how land is often unfortunately
[1:10:46] land banked and assembled.
[1:10:48] Sitting on parcels that could offer many more high wage
[1:10:52] jobs other than a data center.
[1:10:54] Will be our own words we have to be incredibly careful with them.
[1:10:58] We need to make sure that every policy we
[1:11:01] write points towards the future we actually want.
[1:11:04] I understand he split off tourism from the Ada
[1:11:07] but we need to add it into our targeted industry.
[1:11:10] If we mean aerospace headquarters
[1:11:13] healthcare research let's say that clearly.
[1:11:15] Let's study what it would take to build the economy as citizens
[1:11:19] described for us carefully as any other.
[1:11:22] If there are trade offs, let's understand them honestly.
[1:11:25] Thank you very much.
[1:11:26] >> Thank you.
[1:11:30] [Applause]
[1:11:31] >> Thank you Mr. Chairman members of the board supervisors
[1:11:35] my name is Billy (Indistinct) it's about 8:00 right now
[1:11:39] and my daughter's back home being put to bed and I'd rather
[1:11:42] be there with her reading a book giving her a snack and helping
[1:11:45] her go to bed.
[1:11:46] Why are we here again?
[1:11:48] Despite every meeting over 95% of people
[1:11:50] speak in opposition to having data centers
[1:11:54] really unrestricted data centers here in the county.
[1:11:57] Because we don't know where you as a board stand.
[1:11:59] We don't.
[1:12:01] Supervisor Wells has come out with a strong statement.
[1:12:05] And former Supervisor Dunn has come out.
[1:12:07] Most of the rest of you will not tell us where you stand.
[1:12:09] Do you support them?
[1:12:11] Do you oppose them?
[1:12:12] Do you support them with certain conditions?
[1:12:14] We don't know and in that face come on this community
[1:12:18] is frustrated, is overwhelmed, doesn't know what to think
[1:12:22] and what you're going to do.
[1:12:24] And that's why every single time we
[1:12:25] have to come out here and speak over and over and over.
[1:12:28] So when you go to vote on this motion,
[1:12:32] please tell us where you actually stand.
[1:12:34] I mean I've seen some of y'all on Facebook mocking people who
[1:12:38] oppose data centers.
[1:12:39] I've seen one of you has come up to me multiple times calling me
[1:12:43] out for opposing data centers but didn't want to refuse
[1:12:46] to meet with me afterwards.
[1:12:48] But what we have not seen is clear statements from the board
[1:12:51] members on where you stand.
[1:12:53] Three of you are up for election,
[1:12:54] this is a clear issue the community stands about.
[1:12:56] We should have a policy paper from you all or paragraph
[1:12:59] or some kind of position statement
[1:13:01] on where do you stand if you're running for election this year?
[1:13:04] On this issue?
[1:13:05] It's probably the issue in the community
[1:13:08] that at least turns out the most people on a regular basis.
[1:13:11] So we should know where you stand.
[1:13:12] So when you go to this vote on this issue,
[1:13:16] please don't just vote it through silently
[1:13:17] like I've seen numerous motions.
[1:13:19] But take this as an opportunity to tell us where
[1:13:22] do you stand on data centers?
[1:13:23] Or still have two more proposals in the pipeline.
[1:13:27] We want to actually after, I mean this discussion has
[1:13:31] been going on since last April.
[1:13:33] So we're pushing a year and a half now this discussion.
[1:13:36] It's not too much to ask to know where each one of you
[1:13:39] stands by this point in terms of what your framework, what
[1:13:42] your parameter is, where you would address these issues.
[1:13:45] Please tell us tonight.
[1:13:47] Thank you.
[1:13:49] [Applause]
[1:13:53] >> Hello my name is Eliza Lathrop.
[1:13:56] I reside in the Redbud District.
[1:13:58] I moved here last year from Hagerstown Maryland
[1:14:01] which has turned into an Amazon warehouse hellhole.
[1:14:04] I moved here for nature, I moved here for a better job,
[1:14:09] I moved here for better pay, and I wound up
[1:14:12] into another hellhole.
[1:14:13] Data centers are a national security threat.
[1:14:18] They are threats to water pollution, and drought,
[1:14:21] they are problems to air pollution, noise pollution,
[1:14:25] health impacts, environmental impacts, sinkholes,
[1:14:28] impact on animals, insects, pollinators, things
[1:14:32] that keep us alive.
[1:14:34] These are not made up issues.
[1:14:35] These are some of the main impacts that are happening
[1:14:38] across the United States.
[1:14:40] And will indeed affect us if you allow data centers
[1:14:43] into this area.
[1:14:44] There will be no city left to govern.
[1:14:48] Data centers are routinely built in clusters,
[1:14:51] look at Loudoun County as all the people in this building
[1:14:54] have said.
[1:14:55] Loudoun County is the prime example where there is one,
[1:14:58] there will be many.
[1:14:59] And if we open the door to a single center,
[1:15:02] we will be completely unable to stop them from making more.
[1:15:06] Multiple sources state that 70% of the entire world
[1:15:10] internet, not just the United States the entire world's
[1:15:14] internet runs through Loudoun County.
[1:15:16] Think about the impacts of that.
[1:15:18] Think about the danger that poses to all of us living here
[1:15:22] to banks, to hospitals, to residents,
[1:15:25] in the national security threat.
[1:15:27] Think about if someone decided to attack Loudoun County.
[1:15:30] What would that do to the entire world?
[1:15:32] And that could be a Super Mac cities are giving --
[1:15:37] and that could be us.
[1:15:39] Cities are giving away billions of dollars of tax cuts
[1:15:42] to these data centers and billionaire companies.
[1:15:44] They are proposed profits, the proposed profits
[1:15:47] from these centers is not a solution to our problems.
[1:15:49] They will do very little for us and what will there be left?
[1:15:54] We are in a drought.
[1:15:56] We are told to ration our water.
[1:15:59] Climate change is already creating massive issues.
[1:16:02] And I have been to most of the data centers in this area.
[1:16:06] And I have not once heard a single mention
[1:16:09] of who will be in these places.
[1:16:11] Who will be in these centers.
[1:16:13] Running them.
[1:16:14] Will it be Amazon?
[1:16:15] Will it be anything else?
[1:16:16] We don't know.
[1:16:17] And it could change.
[1:16:20] You all as city Council members, are
[1:16:23] required to reside in the area that you govern.
[1:16:26] So let me ask you this.
[1:16:28] Will you be required to stay here
[1:16:31] when the water is yellow mud?
[1:16:33] And you can't shower or bathe?
[1:16:35] When the air is gray and smog?
[1:16:38] When all the plants and pollinators are dead?
[1:16:41] And you can't eat the food that we grow?
[1:16:43] And we can't even grow food?
[1:16:45] When the ground falls apart from sinkholes?
[1:16:47] When you can't ever enjoy a peaceful sunrise or sunset
[1:16:51] in the Shenandoah Valley.
[1:16:53] Because you live here.
[1:16:58] [Timer chimes] You'll be held personally responsible.
[1:17:02] [Applause]
[1:17:06] >> Hello.
[1:17:06] Hi I'm Sharon Plummer and Battle Creek district.
[1:17:09] And just really quick.
[1:17:11] I don't know if you guys ever saw
[1:17:14] Erin Brockovich big movie about people fighting back
[1:17:18] for the rights.
[1:17:19] I have gone to several of these meetings as have my neighbors.
[1:17:22] And I've been taking notes and documenting people's stories.
[1:17:26] And I have started to documentary about this scenario.
[1:17:29] And I do have friends in Hollywood and at Amazon.
[1:17:33] And so I just want to let you guys
[1:17:35] know that I am creating a film about this.
[1:17:38] And if your kids and grandkids are going to watch it
[1:17:40] you might want to think about whether you're
[1:17:42] a villain or a good guy, are you going to save the day
[1:17:45] or help the people?
[1:17:47] [Laughter] So anyway I love seeing the due process and I
[1:17:50] appreciate everybody listening to everybody's opinions.
[1:17:53] Because this is America and we're
[1:17:55] allowed to have different opinions.
[1:17:56] Even the guy who disagrees.
[1:17:58] Everyone should be able to express their opinion
[1:18:00] but I am documenting this my name is
[1:18:02] Sharon Plummer so you'll see me around
[1:18:04] with my camera and my video.
[1:18:06] And I'll let you guys know how it goes.
[1:18:09] Thanks.
[1:18:14] [Applause]
[1:18:19] >> Hello Steve Caracciolo just confirmed on the line here that
[1:18:22] I'm in Battle Creek.
[1:18:23] So I didn't plan to speak this evening I've only actually
[1:18:26] been to one other meeting this was only brought to my attention
[1:18:28] earlier this year that data centers were even on the agenda.
[1:18:31] Or possibility to be built in Frederick County.
[1:18:34] There's a lot of data supporting why
[1:18:37] I think these are a bad idea people have spoken about it
[1:18:39] people are probably more informed
[1:18:41] than I am so I don't necessarily need
[1:18:42] to opine on that any further.
[1:18:44] I figured I would just kind of tell you guys
[1:18:46] a little bit about me and I feel like I speak on behalf
[1:18:48] of a lot of the folks here.
[1:18:49] I don't know nothing about any of y'all.
[1:18:52] But the only other time I was in this building
[1:18:54] was when I got my marriage certificate with my wife.
[1:18:57] She's from here.
[1:18:59] She grew up here.
[1:19:00] I fell in love with her, I moved out
[1:19:02] here I fell in love with the city and this county.
[1:19:04] It's a beautiful place.
[1:19:06] With beautiful people.
[1:19:07] And I don't want to see that ruined and changed frankly.
[1:19:10] I think that these data centers are more than buildings,
[1:19:13] I think they bring about a lot of change that
[1:19:15] changes people and their personalities
[1:19:17] and their outlook on life.
[1:19:19] We started this meeting this evening with a prayer
[1:19:21] and I think that's very important.
[1:19:23] I've seen God work in and through people including myself.
[1:19:26] I hope that he does the same with all of you.
[1:19:29] And you do the right thing.
[1:19:31] The responsible thing.
[1:19:32] I don't feel I need to remind you
[1:19:35] but maybe I do that you all work for us.
[1:19:37] And I think one of the gentlemen who
[1:19:39] spoke tonight said that if we find out
[1:19:42] people are not working for us we will
[1:19:44] take efforts to change that.
[1:19:45] I don't vote but I will on this topic I'm ten toes down on this
[1:19:48] and I think most of the people in this room are.
[1:19:50] So thank you.
[1:19:55] [Applause]
[1:19:59] >> My name is John Boyles and I have no idea what district
[1:20:02] I'm in.
[1:20:03] I work on Minecraft Road.
[1:20:05] Warm Springs Road.
[1:20:07] Sorry I used to live on (Indistinct).
[1:20:11] I'm an electrical engineer.
[1:20:13] Okay that's what I've done my life.
[1:20:16] And I just want to make a few comments,
[1:20:19] first of all data centers are very inefficient things.
[1:20:23] And so they're technology is going to be obsolete really
[1:20:29] soon.
[1:20:30] Think about it.
[1:20:31] How many of you have a ten year old laptop?
[1:20:33] Or a ten year old cell phone?
[1:20:35] So the kind of technologies that are used in these data centers
[1:20:39] are just churning up electricity and generating heat
[1:20:44] and what are we getting from these things?
[1:20:47] Well it's a big one in Houston that does Bitcoin mining.
[1:20:53] There is no implicit intrinsic value in Bitcoin.
[1:20:59] Online storage of stuff, Microsoft
[1:21:02] we all know has gone to the cloud and everyone's
[1:21:05] gone onto the cloud and the Internet of things.
[1:21:07] But we used to put our files on an external hard drive.
[1:21:13] Still could do that.
[1:21:15] Artificial intelligence to replace
[1:21:17] artists that write music, to replace movie makers,
[1:21:21] to replace actors, to replace marketing jobs, advertising,
[1:21:26] professionals, lots of other jobs.
[1:21:30] Why are we doing this as a nation?
[1:21:33] Really?
[1:21:34] We do have a world wide web but we don't have a worldwide power
[1:21:38] grid and so the problem is, if you
[1:21:42] have a big sucking sound of power somewhere let's say Aspen.
[1:21:48] Then it produces a scarcity.
[1:21:52] And so what you have to do is get a far away power plant
[1:21:57] in West Virginia, 260 miles of transmission line
[1:22:01] to an intersection hub up in Maryland
[1:22:03] so that energy that's being sucked out
[1:22:06] by this data centers in Ashburn doesn't cause everyone's prices
[1:22:11] to go up.
[1:22:13] Along the power grid.
[1:22:15] And that is exactly what it seems to be happening.
[1:22:21] And so the problem is we can't just get rid of data
[1:22:24] centers here, and I applaud the efforts to do that.
[1:22:28] We have a statewide problem.
[1:22:30] We have really an east Coast problem.
[1:22:33] Now solving it, could start here.
[1:22:38] You folks are in politics, you are
[1:22:40] part of the political system, and it
[1:22:44] takes leadership and a stand to say
[1:22:48] we're going to start providing an example of others to follow.
[1:22:56] Thank you.
[1:23:00] [Applause]
[1:23:03] >> Okay.
[1:23:04] We've got no lines down so I'm going to close these citizens
[1:23:07] comments.
[1:23:08] Board of Supervisors Next things up is consent agenda.
[1:23:12] How would you like to handle this?
[1:23:16] >> (Indistinct) accept the consent agenda as approved.
[1:23:20] Chairman Jewell: All right we have a motion and a second
[1:23:23] that's required for roll call.
[1:23:25] Supervisor Rhodes.
[1:23:28] >> Aye.
[1:23:31] [Members voting aye]
[1:23:35] and the chair votes I. All right good on the consent agenda.
[1:23:40] Thank you.
[1:23:41] Next item up is Board of Supervisors comments.
[1:23:46] Do we have any?
[1:23:48] Looking both ways supervisor Evans.
[1:23:52] >> I've got three and I'll do my best to keep it brief.
[1:23:56] One is to the program the subcommittee meet. (Indistinct)
[1:24:02] do what came out of that committee to go over to the DRC
[1:24:06] and get things rolling (Indistinct)
[1:24:10] so if anyone would like to.
[1:24:14] I don't know.
[1:24:15] Should I do a vote or just consensus?
[1:24:18] Is everybody on board with that?
[1:24:21] DRC and get moving?
[1:24:23] Chairman Jewell: We got a motion we got a second everybody agree
[1:24:26] all those in favor say aye.
[1:24:28] Anybody opposed?
[1:24:29] Moving forward.
[1:24:31] Thank you.
[1:24:32] >> Second thing is about six months ago we talked about
[1:24:36] battery storage by the substations.
[1:24:38] The protections against brownouts blackouts.
[1:24:43] Water this year for the first time this year.
[1:24:47] We've been asked to occasions about the power company
[1:24:49] to disconnect our water plants and sewer plants from the grid.
[1:24:54] Because system was overloaded.
[1:24:56] The first time was a winner ended up not occurring
[1:25:00] but then several weeks ago the summer we had those hot days.
[1:25:04] We actually shut off the grid and fired up our generators
[1:25:07] around those plants over the weekend.
[1:25:09] So I think it's important we get this battery storage going
[1:25:13] people going to start seeing brownouts and blackouts.
[1:25:15] And if it's something where people don't want battery
[1:25:18] storage come on that's fine.
[1:25:20] Just don't call me when (Indistinct)
[1:25:23] blackouts because I'm trying to figure out a way to stop it.
[1:25:27] Last thing, the gentleman brought up the electrical order
[1:25:31] story and Comp plan, I don't know if there's time to do that.
[1:25:36] I guess towards the end of the meeting
[1:25:37] if we could bring Mr. Bishop up.
[1:25:39] Explore that.
[1:25:40] I would be interested in that.
[1:25:42] That's all I have.
[1:25:45] Chairman Jewell: Thanks. (Indistinct)
[1:25:49] >> I usually wait till the end to do this but I've got
[1:25:52] the audience here.
[1:25:53] So I'm gonna read this to you.
[1:25:56] I've gotten a lot of emails as you can well imagine.
[1:25:59] I have not answered all of those emails,
[1:26:01] I don't have enough time in the day
[1:26:04] to do that, I have a business and I run it myself.
[1:26:07] I just want you to know I have gotten them
[1:26:11] I have read most of them are boilerplate emails.
[1:26:14] But there are some genuine emails
[1:26:17] that folks have taken the time to write.
[1:26:19] Much appreciated about data centers traffic congestion
[1:26:24] so forth and so on.
[1:26:26] I've also gotten some really interesting emails
[1:26:29] from folks that just questioned my integrity.
[1:26:33] And question things that I don't understand
[1:26:37] where they're coming from.
[1:26:38] So I'm going to read you something.
[1:26:41] If someone tells you that turtle one won the race with a rabbit
[1:26:46] you might want to slow down and not take it at face value
[1:26:51] and do some more investigation.
[1:26:54] If someone tells you that your neighbor who's a minister
[1:26:58] is cooking Meth and selling it at the church,
[1:27:01] maybe you should slow down.
[1:27:04] And take a little time and investigate more in.
[1:27:08] Not just take the word of that person.
[1:27:11] If someone tells you that you have
[1:27:14] a very reliable inside source that's telling you
[1:27:19] that your sibling is a Communist,
[1:27:22] maybe I'll slow down and figure it out.
[1:27:27] And do a bit more study.
[1:27:31] Maybe if someone tells you if v Dot's going
[1:27:35] to pave your gravel road that hasn't been paved in six years
[1:27:38] and they're going to do it next week,
[1:27:40] you might want to question that.
[1:27:42] And do a little bit more study.
[1:27:43] And I could go on.
[1:27:46] And that's what's happening.
[1:27:48] There's a lot of things out there on Facebook,
[1:27:50] there's a lot of things on the internet,
[1:27:53] I think the best way to do that if you have a question
[1:27:57] is to ask the person themselves and let them answer that for you
[1:28:00] and I'm more than happy to do that.
[1:28:03] So if someone other than Supervisor Wells
[1:28:06] tells you that Supervisor Wells has changed a vote on any topic
[1:28:11] from a yes to a no or from a no to a yes,
[1:28:14] then you should probably again, take time and speak
[1:28:18] with Supervisor Wells.
[1:28:21] I never have and never will accept money or any other form
[1:28:24] of material value to win the support for any project that
[1:28:28] comes before this board.
[1:28:31] I have and never --
[1:28:34] I have not and never will ask my fellow board members
[1:28:38] to cut deals or try to sway a vote.
[1:28:42] I don't ask them, I don't go to them and ask for them support.
[1:28:46] I don't go to them and try to sway their vote.
[1:28:48] One way or the other.
[1:28:53] I've never and will never tell anyone
[1:28:57] how I'm going to vote on any issue
[1:28:59] until I cast my vote at a public board meeting.
[1:29:03] I have an opinion, I'll be happy to share it with you,
[1:29:07] but if you ask me are you going to vote no, I'm
[1:29:09] going to tell you you have to come to the meeting
[1:29:12] and watch me vote no or watch me vote yes.
[1:29:20] I have and I will continue to share my personal opinions
[1:29:24] on any topics that anyone's interested in doing
[1:29:26] so if you'd like to discuss any of those,
[1:29:29] do it by telephone call, I have a home phone that you can call.
[1:29:33] If I don't answer leave me a message and I'll call you back.
[1:29:37] I really don't do well with emails.
[1:29:39] Because it takes a lot of time.
[1:29:41] And I find out that speaking to people
[1:29:43] personally is a lot better than writing back and forth.
[1:29:47] So I have put out proposition -- position statement
[1:29:52] on, I've given out to several people on the internet
[1:29:57] everything else.
[1:29:59] Anyway.
[1:30:00] I just want everyone to know that we work really hard
[1:30:04] to service the people and when you stand up there and say ,
[1:30:12] it hurts.
[1:30:13] It hurts to hear you say that you don't think
[1:30:15] that we're doing anything.
[1:30:17] This group works really really hard, I've been here a long time
[1:30:21] and I can tell you they work really hard.
[1:30:23] It's not our full time job.
[1:30:25] It's not our full time job.
[1:30:27] But we wouldn't be here if we didn't
[1:30:29] want to help Frederick County.
[1:30:31] Thank you sir.
[1:30:32] Chairman Jewell: Thank you sir.
[1:30:37] [Applause]
[1:30:37] >> Mr. Chairman -- during the Comprehensive plan breakout
[1:30:42] sessions all our subcommittee learned of a solar panel fund
[1:30:48] of some sort and I would like for the administration to kind
[1:30:51] of educate the board on those funds and how those funds could
[1:30:55] be used in the future?
[1:30:56] So if we can plan for that in the future meeting
[1:30:58] I'd appreciate it.
[1:31:01] >> (Indistinct) put it on your list.
[1:31:03] Thank you sir.
[1:31:05] Anybody else want to talk to?
[1:31:07] >> One thing I'm gonna say is I I said it earlier actually I
[1:31:11] said it a couple times pretty much everyone has a right
[1:31:13] to speak and everyone has a right to their opinion.
[1:31:16] And all I ask is please show respect.
[1:31:19] Please show respect every time we talk to a constituent,
[1:31:23] whether we reply to an email, what have you.
[1:31:26] We are not all going to agree.
[1:31:29] But all I ask for is to give respect to.
[1:31:33] And if you're out on the social media, show respect.
[1:31:37] Everyone up here loves this county
[1:31:41] and we're working very hard for this county.
[1:31:46] We know we hear it a lot from you folks,
[1:31:49] the statement tonight about if you don't like it
[1:31:52] we'll replace you.
[1:31:53] Well we're trying to do everything we can.
[1:31:55] And there's certain rules, things we have to abide by.
[1:32:00] So please.
[1:32:01] All I ask for is respect.
[1:32:04] Thank you.
[1:32:10] [Applause]
[1:32:11] Chairman Jewell: County officials next up update
[1:32:13] the Regional broadband project.
[1:32:15] Mr. Bo offer.
[1:32:21] >> Good evening board members I would like to bring up Wendy May
[1:32:23] she is our new communications director and part of this was
[1:32:27] to give you an update on broadband but it's also to let
[1:32:29] you know Wendy and our communications department has
[1:32:31] set up a hub on the, on our webpage and I thought it'd be
[1:32:35] good to show the board where this is and the residents
[1:32:37] so they can see this information and information on broadband
[1:32:41] would be there and.
[1:32:43] It's not where you're looking is it?
[1:32:47] >> (Indistinct)
[1:32:53] >> And if you want to give a brief description.
[1:32:55] >> Chairman Joel members of the board, thank you.
[1:32:59] As Mr. Bolhofner alluded we have recently launched an information
[1:33:02] hub on the main county website with the purpose
[1:33:05] of providing a single place for clear verified county
[1:33:10] information.
[1:33:10] And easy access to project updates,
[1:33:14] and key initiatives on the community
[1:33:17] currently important topics include the comprehensive plan
[1:33:21] update process data centers transmission lines,
[1:33:24] I-81 improvements, that will affect us for some time.
[1:33:27] All points broadband.
[1:33:28] And soon will have information about the up to 1%
[1:33:32] sales tax referendum that will be contemplated later this fall.
[1:33:35] This is an interim solution while we work to stand up
[1:33:39] the communications department.
[1:33:40] There will be a full review of county communications coming
[1:33:44] forward including the website from a more
[1:33:47] holistic perspective.
[1:33:48] You can access the information hub from the main county website
[1:33:52] at the top bar, the top navigation that
[1:33:55] says Information Hub which you can
[1:33:56] see referenced by the red box.
[1:33:58] And you can also use a direct URL ncbi.us
[1:34:01] or slash information hub.
[1:34:04] Sure thank you.
[1:34:07] Chairman Jewell: Thank you.
[1:34:09] For those folks that are here watching,
[1:34:11] this was a critical thing for this board.
[1:34:17] Everyone agreed one of the issues we had with the county
[1:34:21] was how do you get information out?
[1:34:22] How do you get, how do the constituents know where
[1:34:25] to go to keep up on especially the major projects
[1:34:29] and we are very appreciative of all the work you're doing,
[1:34:33] we're very appreciative of all the staffs put together.
[1:34:36] It's been, and it's moving very fast so thank you for that.
[1:34:39] >> Thank for the opportunity.
[1:34:43] >> And I want to thank Wendy because Wendy's not only doing
[1:34:46] the communications department she's also serving
[1:34:48] as our interim director for the EDA and she's been wearing two
[1:34:52] hats and has done an amazing job in.
[1:34:53] And she made my night tonight because I
[1:34:55] was able to help her with a computer for the first time.
[1:34:58] And I will remind her of that frequently.
[1:35:01] Give you an update on the broadband.
[1:35:04] I've been having conversations with all points
[1:35:07] and also with Brandon who's with the regional commission
[1:35:11] about Broad Point.
[1:35:13] Approximately five years ago the board
[1:35:15] approved moving forward hiring all points to installation
[1:35:18] of broadband for several jurisdictions
[1:35:21] within the Shenandoah Valley and they're doing this
[1:35:23] throughout the state.
[1:35:24] That was five years ago.
[1:35:27] Their intention was, when we gave a presentation
[1:35:30] I'm not sure a year ago or so.
[1:35:32] The intent was to have this project completed
[1:35:34] in the fall of 26 was the date and I will tell you,
[1:35:38] they're not going to make the fall of 26.
[1:35:41] They're shifting their schedule trying to complete this
[1:35:44] by the end of 26, by December 31st of 2026 and they've taken
[1:35:51] some steps to try to accomplish that.
[1:35:53] Once they have reached an agreement with Vdot
[1:35:55] so now they can do aerial permitting which should speed up
[1:35:58] the process with Vdot to get those done
[1:36:00] and they've got a good relationship with them.
[1:36:02] They've also changed their focus instead
[1:36:05] of doing just single areas and single drops
[1:36:08] to try and get the big main areas first and come
[1:36:11] back and get the local drops.
[1:36:13] The reason they went with the first route
[1:36:15] because their contract initially was based on the fact
[1:36:18] that they were paid once they had the actual houses connected
[1:36:21] up, sometimes by doing that it slows down the whole process so
[1:36:25] by taking a larger view and doing the larger areas first it
[1:36:29] should aid them to help them speed up.
[1:36:30] And the one real issue they're running
[1:36:33] into now, which is slowing them down
[1:36:35] is getting the permits from the Shenandoah Valley Co-op
[1:36:37] and that's where they're having problems,
[1:36:39] they really need I think about 200 permits a week
[1:36:42] to get this done and that's not happening at that speed.
[1:36:46] They have offered the Shenandoah Valley Co-op
[1:36:49] that they will actually pay for third party
[1:36:51] to come in and assist them with this
[1:36:53] and they're waiting to see if Shenandoah Valley is
[1:36:55] willing to do that, but that'll be imperative
[1:36:58] if they are to complete this project on time.
[1:37:01] I will tell you the one weak spot and I know all of you
[1:37:05] up here or not all but at least most of you
[1:37:07] up here have had issues with this,
[1:37:08] is when we tell our residents if you want to find out when you're
[1:37:11] going to get connected up if you're going to be connected up
[1:37:14] you go to these websites, and when you go there you find out
[1:37:19] they don't work well if at all.
[1:37:20] I've helped people out I've learned
[1:37:22] to find out ways to get it but it's not very user friendly.
[1:37:25] And generally it doesn't have any, the information you need.
[1:37:29] They've told me they're now working on a plan
[1:37:31] to have up and running within 30 to 60 days
[1:37:34] some new maps that will show where the work has been done
[1:37:37] and the work is going to be done.
[1:37:39] That is within 30 to 60 days.
[1:37:41] You can go to our hub, you can look at our connections
[1:37:44] to their sites, but at this point
[1:37:46] they really don't do you a lot of good
[1:37:48] and they're working to correct that.
[1:37:50] And they have come up I've told them and they've agreed to come
[1:37:54] back to this board at the September 9th if they can make
[1:37:58] that schedule, for September 30th 23rd and make a full
[1:38:02] presentation to this board and what we'd like to hear is
[1:38:06] what's been done and when is everything else going to be done
[1:38:09] and get a better idea of the scheduling?
[1:38:10] And that's the update I have tonight and try to answer any
[1:38:15] questions or --
[1:38:20] Chairman Jewell: (Indistinct)
[1:38:21] >> I'm a little disappointed that they're not here tonight.
[1:38:26] But putting that aside, fundamentals.
[1:38:29] What particular in Bat Creek which
[1:38:34] is a large area underserved, people
[1:38:38] want to know when you fill in on the website and not there yet.
[1:38:49] It's not sufficient.
[1:38:50] So they definitely need to be here.
[1:38:53] And they also need to know that the other fundamentals,
[1:38:56] is it going to actually be hooked up to my house?
[1:39:00] Who's going to do that?
[1:39:02] What's the internet service are they providing
[1:39:04] the internet service as well?
[1:39:06] And I also want to know what's it's going to cost.
[1:39:09] So those are key things that I'm hearing.
[1:39:14] And we just need information.
[1:39:17] And it just hasn't been, and I wasn't here for the front end
[1:39:23] of this, I wasn't here five years ago,
[1:39:26] lived here all my life.
[1:39:28] So I'm not intimately familiar with what
[1:39:31] happened five years ago.
[1:39:34] But we really need the information now.
[1:39:36] To get it out.
[1:39:37] And I do appreciate getting it up on the Infohub and the steps
[1:39:44] forward there, but they need to be here
[1:39:47] and we just need to know where we're at and when's the end?
[1:39:51] And what's it going to be?
[1:39:54] What's the details?
[1:39:56] >> Might want to address we do have meetings that they're going
[1:40:01] to show up to.
[1:40:04] Giving me a date that --
[1:40:09] >> September 9th or September 23rd.
[1:40:13] I'm pushing very hard for that one
[1:40:16] the date they had a commitment that night but it might
[1:40:19] be earlier so hopefully the next day
[1:40:20] or two he's going to be, let me know I will call him
[1:40:23] and say our board really like to be
[1:40:25] here sooner rather than later.
[1:40:27] >> We want him here September 9th.
[1:40:32] >> And I'm sure there's not just one person with their company.
[1:40:35] Vice Chair Wells: Working on getting them here
[1:40:37] to stand up and tell us what's going on.
[1:40:39] >> Absolutely.
[1:40:42] Vice Chair Wells: Appreciate your hard work on that too.
[1:40:46] >> Any questions you have for them or from your constituents
[1:40:50] can let them know they're expected to answer I can't say
[1:40:55] that they would be prepared but I can gladly forward that along
[1:40:58] to them.
[1:40:58] >> I'll just say I'm glad I got Starlink in 2021.
[1:41:05] [Laughter]
[1:41:06] >> Thank you for that update sir.
[1:41:08] All right the next one.
[1:41:11] Eight B.
[1:41:13] >> Yes board directed us to move forward on the opposing
[1:41:17] the Valley North electrical transmission line and just
[1:41:20] to make sure I get this correct I'm just going to read.
[1:41:22] We have a resolution tonight to take some steps moving forward
[1:41:25] to do that I'll just read you some key lines
[1:41:26] from the resolution.
[1:41:28] So board is resolved that the county administrator
[1:41:30] and the County Attorney are hereby authorized
[1:41:33] to retain the services of Whiteford Taylor and Preston LLP
[1:41:37] to provide outside legal counsel and opposing the Valley North
[1:41:41] Project.
[1:41:42] And the county administrators hereby authorized and directed
[1:41:45] to identify and set aside funds for said representation
[1:41:48] in the amount not to exceed $250,000 to move forward with
[1:41:52] this.
[1:41:53] We have the money and the Board of Supervisors contingency fund,
[1:41:59] we would just set aside the $250,000 in an account for this
[1:42:04] and keep a separate tracking for this board also
[1:42:07] in the resolution it states that the county attorney
[1:42:09] and or myself will make regular --
[1:42:13] will be meeting with the board regularly to keep you updated
[1:42:16] on the progress of this.
[1:42:17] I will tell you our first thing we really
[1:42:19] didn't want to do anything moving forward
[1:42:20] or any strategy until we had the attorney on board.
[1:42:23] If the board agrees to this tonight
[1:42:24] we'll immediately call the attorney
[1:42:26] we had one long conversation with him
[1:42:28] and had a pretty good meeting if the board agrees
[1:42:30] to do this we'll set up a meeting
[1:42:32] and start moving forward the strategy
[1:42:33] and obviously include the board and how we're going to do that.
[1:42:37] >> Good is that at?
[1:42:39] All right I'll entertain a motion on this one.
[1:42:44] Got a motion got a second.
[1:42:47] This requires a roll call vote.
[1:42:49] Supervisor (Indistinct)
[1:42:53] [Members voting aye]
[1:42:58] >> Chair votes I there you go Mr..
[1:43:00] You're good to go.
[1:43:03] Okay next up.
[1:43:05] Appointments to boards committees and commissions.
[1:43:09] 900 we've got the conservation easement authority,
[1:43:13] we've got three willing members.
[1:43:17] Entertain a motion for reappointment
[1:43:19] of Philippines, Diane Kearns, and our own supervisor Al
[1:43:25] Orndorff.
[1:43:26] All right.
[1:43:28] I can do this with a voice vote all those in favor?
[1:43:33] Anybody opposed?
[1:43:33] We're good to go.
[1:43:35] Okay.
[1:43:36] Next one up is for economic development
[1:43:38] it's a four year term for Doug Rinker which expires nine 1026.
[1:43:45] He was recently reappointed to fill an unexpired term.
[1:43:50] I'll entertain a motion.
[1:43:51] >> I'll entertain a motion to approve as presented but Doug is
[1:43:56] a breath of fresh air and I'm glad to have him on the board.
[1:43:58] Chairman Jewell: All right we got a motion and a second.
[1:44:02] All those in favor.
[1:44:03] Any absolutely right.
[1:44:04] We are very lucky to have him back.
[1:44:08] Committee business non.
[1:44:09] Public hearings non.
[1:44:11] Planning commissions, none.
[1:44:13] All right now we're back up to planning commission business.
[1:44:16] So where's my friend.
[1:44:18] Okay.
[1:44:19] Hello there sir how are you today?
[1:44:21] >> Just give me one second Mr. Chairman to get the --
[1:44:25] Chairman Jewell: Take your time, we're good we're good.
[1:44:31] >> Good evening Mr. Chairman members of the board this is
[1:44:34] the first of three ordinance amendments
[1:44:36] for your consideration is given for information discussion
[1:44:39] for each of the amendments we'll be seeking your authorization
[1:44:42] to move these items forward to the committee structure and then
[1:44:46] also to advertise for public hearings when appropriate.
[1:44:48] The first for your consideration this evening
[1:44:52] is what we call in our phase one comment companion
[1:44:54] amendments and these are proposals
[1:44:55] to amend chapter 144 the Subdivision Ordinance
[1:44:58] and chapter 165, the Zoning Ordinance
[1:45:01] to incorporate phase one Ordinance update recommendations
[1:45:04] from the Berkeley Group.
[1:45:05] You all will recall when you adopted your phase one updates
[1:45:09] in May of this year, that there were a number of kind
[1:45:12] of clean up items that the Berkeley group had identified
[1:45:14] that fell outside of the bounds of that project
[1:45:16] and were kind of classified as a policy type item.
[1:45:20] And that they would be handled kind of immediately following
[1:45:23] the adoption of the ordinance.
[1:45:25] And that is the series of amendments
[1:45:27] before you this evening is for, as far
[1:45:30] as this phase one update goes.
[1:45:31] These proposed amendments seek to improve
[1:45:34] efficiency, consistency across the ordinance,
[1:45:36] incorporate best practices or those recommended
[1:45:39] by the Berkeley group, and of course
[1:45:41] to maintain the user friendly nature of our ordinance
[1:45:43] which we strove to do when we did that phase one update.
[1:45:47] So first we'll tackle the chapter 144 subdivision
[1:45:53] ordinance changes.
[1:45:54] The majority of these changes tackle
[1:45:57] the processing of waivers, subdivision design planning
[1:46:02] and that process is administrative process handled
[1:46:05] by staff and the zoning administrator.
[1:46:07] And we wanted to make this waivers
[1:46:09] a part of that administrative process
[1:46:10] because they're otherwise administrative action.
[1:46:14] The first pertains to general access
[1:46:15] which would change the Board of supervisor waiver
[1:46:18] to subdivision administrative waiver to allow
[1:46:20] for private streets and offer age restricted communities.
[1:46:24] We would also make a similar change
[1:46:27] to our streets and sidewalks.
[1:46:28] Regarding the waiver of interpersonal connectors
[1:46:31] intersections and cul de sacs that
[1:46:33] would give the subdivision administrator
[1:46:35] authority to review one waivers to those required
[1:46:38] to be necessary we would remove the Board of Supervisors
[1:46:41] waiver for street lights and we would
[1:46:43] remove a subdivision administrator waiver
[1:46:45] for sidewalks on public streets.
[1:46:49] In regard to chapter 144, we would also address easements
[1:46:53] and we would remove a Board of Supervisors waivers
[1:46:56] for underground utilities otherwise
[1:46:58] we normally require that utilities be placed underground
[1:47:02] throughout the county.
[1:47:03] And then under environmental features and protections we
[1:47:06] would remove a waiver for a stormwater management plan
[1:47:09] for lots of less than 15,000ft².
[1:47:11] That was an outdated requirement,
[1:47:13] we spoke with the Public works staff
[1:47:15] to understand the Virginia storm regulation
[1:47:18] and they asked that we remove that item as it was no longer
[1:47:21] an appropriate allowance.
[1:47:24] In regard to chapter 165 the zoning ordinance again clean up
[1:47:29] items for administrative requirements,
[1:47:31] we would propose removing the requirement
[1:47:33] that the County Administrator sign final master development
[1:47:36] plans.
[1:47:37] Master development plans used to require presentations
[1:47:39] to the Planning Commission and the Board of Supervisors
[1:47:42] and they required the Planning Director and county
[1:47:44] administrators to sign off on them.
[1:47:45] That has become a largely administrative function.
[1:47:48] And that is the last vestige of that previous process,
[1:47:51] would be the county administrator's approval
[1:47:54] and I'm sure Mr. Hofer would appreciate not having
[1:47:56] to sign those plans anymore.
[1:48:00] We would address industrial design standards
[1:48:03] there's currently a waiver for the screening of machinery
[1:48:06] and mechanical equipment for the extracted manufacturing
[1:48:10] district.
[1:48:11] We feel like we can accomplish that waiver
[1:48:14] through the alternative standard that
[1:48:16] was included with the packet.
[1:48:18] For the residential Recreational Communities District standards,
[1:48:21] we're going to change the planning director
[1:48:23] waiver to a zoning administrator waiver
[1:48:24] for street trees substitutions again that's a best practice,
[1:48:27] the zoning administrator is the final signal
[1:48:29] to where we're on site plans and other design plans and not
[1:48:32] the planning director.
[1:48:34] Although the planning director can
[1:48:36] sign in the absence of his own administrative.
[1:48:38] In regard to the Frederick County Sanitation,
[1:48:41] Sanitary landfill we would remove a board of Supervisors
[1:48:44] waiver or turn to a standard that just incorporates and adds
[1:48:48] an assurance to someone doing work at the landfill
[1:48:51] that they would need a waiver to come out for a screening
[1:48:54] element.
[1:48:55] In regards to the use of welding repair we'd remove a waiver
[1:48:57] requirement for a screen welding repairs
[1:48:59] a conditional use in your rural area zoning district
[1:49:02] so screening requirements typically handled
[1:49:04] through the conditions, doesn't require your action as a board
[1:49:07] waiver if you approve the conditional use
[1:49:09] permit you would otherwise be including those screening
[1:49:11] elements.
[1:49:11] Most likely as a condition.
[1:49:13] And then for tractor truck and tractor trailer truck parking,
[1:49:16] we would change the Board of Supervisors
[1:49:18] waiver to zoning administrator waiver
[1:49:20] for alternative landscaping based on topography
[1:49:22] and or adjacent land uses, that's
[1:49:24] a common waiver that the zoning administrator has on other uses.
[1:49:28] So we wanted to bring that use in line with current practice.
[1:49:32] For other uses.
[1:49:34] So this item is presented to you all for information discussion
[1:49:37] this evening.
[1:49:38] We're seeking your authorization to proceed with the ordinance
[1:49:41] amendment process.
[1:49:41] For those who are unfamiliar with that,
[1:49:44] it includes a review by our development review
[1:49:46] and Regulations Committee that is
[1:49:47] a subcommittee of the Planning Commission, made up
[1:49:50] of planning commissioners and citizen representatives
[1:49:52] and then we would subsequently advertise for public hearings.
[1:49:55] Those dates would be determined after the review
[1:49:57] by the committee.
[1:49:58] And I'm happy to answer any questions you have
[1:50:00] on these companion amendments.
[1:50:02] Chairman Jewell: Any questions for Mr. Clive?
[1:50:05] >> We talked about the Berkeley group I'm not sure that some
[1:50:09] of the members of the board were here.
[1:50:11] When we did that.
[1:50:12] Could you just kind of reference the Berkeley group?
[1:50:16] They did intensive study on -- if you could just give a little
[1:50:20] background on that.
[1:50:21] As to how we got to these --
[1:50:24] >> Good clarification prior to issuing the ordinance amendment
[1:50:28] phase update we did a zoning diagnostic and a number
[1:50:30] of our waiver processes were deemed not to be best practices.
[1:50:33] It creates a kind of legislative burden for you
[1:50:37] all to handle these relatively minute waiver requests
[1:50:41] that otherwise the zoning administrator handles and most
[1:50:43] other cases.
[1:50:44] So there recommendation early on in that process
[1:50:47] was to transition that again, we felt
[1:50:49] like that was outside of the scope of the phase one
[1:50:51] rewrite that we did.
[1:50:52] But we wanted to bring these back to you all immediately
[1:50:55] following that adoption so that you all could provide guidance
[1:50:57] on if you'd like to move forward with those best practice
[1:51:00] cleanups that were recommended and again, intent
[1:51:03] with these changes is to maintain kind of the user
[1:51:07] friendly nature of the ordinance and put administrative functions
[1:51:10] back into the administrative realm of the zoning
[1:51:12] and subdivision administrator.
[1:51:14] Chairman Jewell: Any other questions?
[1:51:16] All right.
[1:51:17] I'll entertain a motion.
[1:51:21] >> Moving forward.
[1:51:24] Chairman Jewell: All right we got a motion.
[1:51:26] I need to do a roll call vote on this.
[1:51:31] [Members voting aye]
[1:51:38] >> And the chair votes I. Thank you Mr. Klein.
[1:51:41] I appreciate all the work you put into that one.
[1:51:46] >> Absolutely this is your second ordinance amendment this
[1:51:50] also falls on the heels of your phase one update
[1:51:52] and we're calling this your 2026 update.
[1:51:55] This is a proposal to amend the zoning ordinance
[1:51:58] to incorporate applicable changes to the Code of Virginia
[1:52:01] that were done through the General Assembly.
[1:52:03] As you all are well aware, each year the General Assembly
[1:52:07] can considers a amendments to the Code of Virginia
[1:52:10] and ultimately if they're successful they're
[1:52:12] signed into law by the governor of the Commonwealth
[1:52:14] and we should annually review them and where applicable
[1:52:17] and incorporate them into the new audiences one of the areas
[1:52:20] that we fell short in our diagnostic
[1:52:22] was our state code compliance.
[1:52:24] That's a product of the age of our ordinance
[1:52:26] but also just not keeping up with a regular kind of update
[1:52:29] of all of the state code changes that occur each general assembly
[1:52:34] cycle.
[1:52:35] We made changes throughout the years kind of hot topics
[1:52:38] came up and required kind of immediate attention
[1:52:41] and we were incorporating a lot of the state code.
[1:52:43] Elements in practice they just weren't codified.
[1:52:45] This is an effort to keep our coordinates fresh
[1:52:48] up to date and compliant with the code of Virginia.
[1:52:52] That helps the board and the county
[1:52:54] prevent legal challenges and any things like that.
[1:52:57] We reviewed all of the bills that were applicable to Planning
[1:53:00] and zoning, we're fortunate that our American Planning
[1:53:03] Association Virginia Chapter does
[1:53:05] a very good job of keeping planners informed
[1:53:07] on all of the kind of changes.
[1:53:11] Then we met with the county attorney
[1:53:12] a number of times through the General Assembly cycle
[1:53:15] and then after the coaching were made
[1:53:17] to review the applicable bills to determine what bills needed
[1:53:21] attention by the board.
[1:53:23] There were far more bills that apply
[1:53:25] that were adopted as far as land use and planning that
[1:53:29] are covered here this evening.
[1:53:31] Not all of them apply to us because we're not
[1:53:33] in Incorporated City or we don't meet a population threshold
[1:53:36] so some of those bills get weeded out just by the nature
[1:53:38] of our status as a county under 100,000 people but there are
[1:53:41] other bills that require our attention.
[1:53:42] So the first one for your consideration this evening is
[1:53:45] House Bill 1212 that states any locality with a population
[1:53:49] of 20,000 persons or more shall adopt and maintain a zoning
[1:53:53] district classification that permits one family and two
[1:53:56] family dwellings and townhomes as a by right use on lots with
[1:53:59] a minimum lot area not exceeding 3000ft².
[1:54:01] Our recommended action is to proceed with an ordinance
[1:54:05] amendment to incorporate the standard.
[1:54:07] That would involve changes to the dimensional requirements
[1:54:10] contained in the RP residential Performance District.
[1:54:13] We do have what we call a single family small lot housing type
[1:54:17] and it requires a minimum lot area of 3750ft² so we're just
[1:54:21] slightly above that threshold.
[1:54:22] We do clear that threshold with our townhome lot sizes,
[1:54:25] we allow them as small as 1800ft².
[1:54:28] But this is, this would require an effort
[1:54:31] to reduce that minimum lot size we
[1:54:32] feel like that is the quickest kind of solution to address
[1:54:35] this state code change.
[1:54:37] Our next series of bills that a companion bills House Bill
[1:54:42] 2079 and Senate Bill 288 this is known as the Faith and Housing
[1:54:46] Act it's received quite a bit of fanfare.
[1:54:48] And public attention.
[1:54:50] And it allows for the administrative approval
[1:54:52] of development and construction of affordable housing
[1:54:55] on land owned by property tax exempt religious organizations
[1:54:58] or certain other types of organizations,
[1:55:00] there's a significant amount of criteria
[1:55:04] to what clears affordable housing on these properties that
[1:55:07] requires a certain percentage of area median income
[1:55:09] and the properties must be connected
[1:55:11] to public water and sewer.
[1:55:13] So rural religious property in the county
[1:55:16] would not be subject to this because it
[1:55:18] doesn't meet certain criteria as far as water and sewer
[1:55:21] connectivity.
[1:55:22] At this time we're recommending actually no action on this item.
[1:55:25] Within the legislation, it doesn't take effect until
[1:55:28] January 1st of 2027 and there is a sunset clause of January 1st
[1:55:32] 2031 after consulting with the county attorney and also
[1:55:36] the chapter legislator for the American Planning
[1:55:39] Association's Virginia Chapter, they recommended localities hold
[1:55:43] on adopting this because it may not be reenacted in 2031.
[1:55:47] So we have to add it and then remove it at a later date.
[1:55:51] They recommended the county attorney also
[1:55:53] agreed that we would practice it and we
[1:55:56] would allow for those organizations
[1:55:58] to develop affordable housing pending that it
[1:56:00] met all the criteria contained in the bill,
[1:56:02] it just wouldn't be codified in our ordinance
[1:56:04] and again that's kind of outside of what we told you
[1:56:07] we would be doing with the Berkeley Group
[1:56:09] but given the sunset clause on this
[1:56:10] it creates a problem where we would have something
[1:56:11] in an ordinance and then we would have to kind of plan ahead
[1:56:14] to remove it and not know if it's going to come out
[1:56:16] or not because it may get renewed by the General Assembly
[1:56:18] at some point in that interim.
[1:56:20] And then if the deed gets extended
[1:56:22] so it creates kind of a maintenance challenge for us.
[1:56:26] The next bill is House Bill 1463.
[1:56:29] And it pertains to allowing manufactured homes
[1:56:32] and designated mobile home parks,
[1:56:35] mobile homes and manufactured homes
[1:56:36] are actually two different types of unit.
[1:56:39] They're similar in the way that they're constructed
[1:56:41] but they have a different HUD classification.
[1:56:43] And this bill would add clarity that it would be allowed.
[1:56:49] Fortunately are, no action is required
[1:56:51] because our ordinance is actually
[1:56:52] compliant with the state code reference.
[1:56:55] What the Berkeley Group did it incorporates
[1:56:57] state code references didn't provide
[1:56:59] the actual text of the bill it just provided the code reference
[1:57:02] so when we reference updates our ordinance remains compliant.
[1:57:06] So I just wanted to let you know that that bill would otherwise
[1:57:09] apply but we are already compliant.
[1:57:11] And the final bill for your consideration
[1:57:12] is Senate Bill 531.
[1:57:14] And it requires a locality to include in its zoning ordinances
[1:57:17] for single family residential zoning districts
[1:57:19] accessory dwelling units or ADUs as defined in the bill
[1:57:23] to be permitted as an accessory use.
[1:57:25] Again, no action is required where ordinance compliant
[1:57:28] on this we allow accessory dwelling units in our rural area
[1:57:32] zoning district and all our suburban zoning districts.
[1:57:34] Whether they be attached or detached to the units
[1:57:37] depending on the district.
[1:57:38] And again, our area of ordinance contains the proper references
[1:57:44] so we are code compliant with this change by the General
[1:57:46] Assembly.
[1:57:47] So again this item is presented to you all as an information
[1:57:50] discussion item this evening, we'd
[1:57:52] be seeking your authorization to proceed with the ordinance
[1:57:54] amendment for House Bill 1212, that's
[1:57:57] the one again with changing the minimum lot size.
[1:57:59] To a minimum of 3000ft² that would include a review
[1:58:01] by the committee and then advertising for public hearing
[1:58:04] at a date to be determined.
[1:58:06] Happy to answer any questions.
[1:58:09] Chairman Jewell: I don't see any questions.
[1:58:12] All right I'll entertain a motion.
[1:58:16] >> I'll make a motion to approve as presented.
[1:58:22] Chairman Jewell: And I need a second.
[1:58:23] This will be a roll call vote as well.
[1:58:28] [Members voting aye] Thank you Mr. Klein.
[1:58:37] And Mr. Fox for all the work on it.
[1:58:46] Mr. Bishop.
[1:58:49] >> Thank you Mr. Chairman.
[1:58:51] Members of the board.
[1:58:53] As I think everyone is aware tonight,
[1:58:55] you are considering this proposal
[1:58:57] to amend chapter 165 zoning ordinance
[1:58:59] to remove data centers as permitted use
[1:59:02] and or conditional use in certain zoning districts
[1:59:05] and to remove other references to data centers.
[1:59:07] As was specifically requested by the Board of Supervisors back
[1:59:11] on July 8th.
[1:59:13] Your current standard is that data centers are permitted as a
[1:59:18] by right only in the TTM technology
[1:59:21] Manufacturing Park Zoning District,
[1:59:23] as a conditional use in B3 M1 and M2 zoning districts.
[1:59:29] The definition is located at 1651105.05 and also
[1:59:35] as additional regulations for specific uses
[1:59:37] to data centers which are also included in your zoning
[1:59:40] ordinance.
[1:59:41] And current requirements for data
[1:59:42] centers as are adopted by the Board of Supervisors dated back
[1:59:47] to April of 2025.
[1:59:49] And as part of your phase one update that was adopted on May
[1:59:53] 13th 2026 which removed data centers as a reference potential
[1:59:57] use from TTM (Indistinct) district section.
[2:00:01] And that's related back to the intended use portion of that
[2:00:05] which was removed as part of that May 13th action.
[2:00:09] The requested action this night is
[2:00:11] as presented for your information and discussion
[2:00:14] there is a draft in your packet, you're
[2:00:15] not voting on that draft you're voting on the resolution.
[2:00:18] To direct us to keep working on that draft.
[2:00:20] Take it to the Planning Commission and of course
[2:00:22] back to you all for the adopted process
[2:00:25] and through the state code required public hearings.
[2:00:29] So we're seeking your direction your action
[2:00:31] and I can take any questions you may have.
[2:00:34] Chairman Jewell: Any questions?
[2:00:37] Supervisor Oates.
[2:00:38] Supervisor Oates: A few.
[2:00:41] First, I agree with some of the speakers here tonight.
[2:00:44] I don't think we should remove the definition
[2:00:46] from the ordinance.
[2:00:48] If this goes forward for a study by the RC.
[2:00:52] I think we need to keep the definition in there.
[2:00:54] Also the definition, I think probably
[2:00:57] needs to get a little stricter.
[2:00:58] As exactly what is a data center and what is not?
[2:01:02] Because I mean, there's different categories
[2:01:06] of data centers right down to the edge
[2:01:08] where it's say a small one say they
[2:01:11] want to consolidate all their servers into one building.
[2:01:13] 5000ft² are you going to eliminate that ability
[2:01:17] for a local business?
[2:01:21] So I don't know if we need to have like certain building
[2:01:24] size or something to say all right
[2:01:26] if it's the size it's fine.
[2:01:28] To support a business.
[2:01:31] Not the megawatt ones.
[2:01:33] So that's the ones everyone's upset about.
[2:01:36] The second is come on we do have an existing data
[2:01:39] center in the county.
[2:01:41] By removing all the standards, are we
[2:01:44] freeing up that data center now so that it no longer has
[2:01:48] the stricter setbacks?
[2:01:49] If they decide to do an addition or do some kind of modification
[2:01:54] are they now completely locked out?
[2:01:59] Nonconforming use?
[2:02:02] >> They are already nonconforming use so anything
[2:02:06] that would lead to the level of requirement site plan they would
[2:02:09] have to meet all the standards of the M1 zoning district
[2:02:12] so specific to setbacks M1 does have lesser setbacks than
[2:02:17] the specific data center use.
[2:02:19] Supervisor Oates: Okay would they still have the ability
[2:02:22] to expand or taking it out and restricting it stops them
[2:02:25] and they're fixed on their size from here on?
[2:02:27] >> They've got no room to expand so theoretically they could
[2:02:31] increase their capacity within their existing footprint
[2:02:33] but they couldn't enlarge their footprint.
[2:02:36] Supervisor Oates: What if they went up?
[2:02:39] >> Then they're going to be subject to the height
[2:02:43] restrictions of the M1 zoning district.
[2:02:45] For starters.
[2:02:46] Supervisor Oates: So they could go up.
[2:02:49] >> As a nonconformity they could not add a story to the structure
[2:02:54] to expand the use that's considered within the footprint
[2:02:56] vertically as well.
[2:02:59] Supervisor Oates: The other thing we're looking at this
[2:03:02] is the TTM district.
[2:03:03] Speaking from experience you get a developer
[2:03:06] to get a TTM is put a gun to their head
[2:03:09] and the only reason they consider here recently
[2:03:12] is because data centers were a by right use.
[2:03:15] I'd like to see us just strike the TTM district entirely
[2:03:18] out of the ordinance.
[2:03:20] No one's ever wanted to go to that kind of district,
[2:03:24] the only time everyone showed any interest
[2:03:26] is when data centers popped up.
[2:03:27] So I would like that considered as well just remove
[2:03:31] that entire zoning category and we
[2:03:34] have M1 M2 that's good enough.
[2:03:36] B3.
[2:03:39] I guess those are just my ideas what
[2:03:42] we need to look at when DRC takes a look at that
[2:03:45] and considers it.
[2:03:51] >> Going back to the TTM.
[2:03:52] Mr. Pearson because we went from office
[2:03:55] being impact to TTM with the idea of technology
[2:03:58] but at this point, it's caused more problems (Indistinct)
[2:04:04] I agree with looking at that.
[2:04:06] Here's the bottom line.
[2:04:08] You know why you have the word data center in there
[2:04:11] take it out I don't care but what I want is no way no
[2:04:15] how can the data center be built. Put the wording in,
[2:04:19] it's what we need.
[2:04:20] It's that simple.
[2:04:22] Just make sure we lock it down.
[2:04:25] So no one can sneak in any other way
[2:04:29] or come up with some stupid idea and we can just say, all right
[2:04:33] what do I want this.
[2:04:34] For now.
[2:04:35] That is the way it's got to go. --
[2:04:38] all right we're done with this.
[2:04:40] For now.
[2:04:41] That is the way it's got to go.
[2:04:44] [Applause]
[2:04:44] >> About as clear as we can get so.
[2:04:47] >> We'll continue working with the attorney and outside counsel
[2:04:51] and frankly bringing forth the most highest recommended
[2:04:54] and defensible ordinance you have because frankly our goal is
[2:04:58] not to set you up to be in fights as to set you up to win
[2:05:01] them.
[2:05:01] So that's what we'll do.
[2:05:03] Chairman Jewell: You're moving a fast pace we asked you to do it
[2:05:07] Mr. Fox has been wonderful.
[2:05:09] Making sure that we're following the laws because there are laws
[2:05:12] here folks that we have got, guardrails
[2:05:14] that we have got to be in.
[2:05:16] So we just want the sucker locked down the best we can.
[2:05:20] So yes sir supervisor Oates.
[2:05:22] Supervisor Oates: One other thing
[2:05:24] I'd be curious about when applicants submit application
[2:05:27] to be considered there is a time limit.
[2:05:29] Where are we on Gateway and Equus?
[2:05:31] When did their submission come in?
[2:05:33] >> Winchester gateway I heard a reference earlier that has been
[2:05:37] withdrawn it has not been withdrawn they did pull out
[2:05:39] of their next visit to the Planning Commission they were
[2:05:42] going to be held in September, heard September 2nd
[2:05:44] because they're running out of their timeline for planning
[2:05:46] Commission.
[2:05:47] So that's going to be heard now they've got a year from filing
[2:05:51] to go to the Board of Supervisors
[2:05:52] so if they ask to be held up again once they get it
[2:05:55] through Planning Commission they could theoretically do that.
[2:05:57] Technology Park I reached out to them again last week,
[2:06:00] they're not yet ready to schedule but once again
[2:06:02] their role within the envelope of one year
[2:06:04] to be heard by the Board of Supervisors
[2:06:06] they already had their recommendation denial
[2:06:07] from the Planning Commission.
[2:06:09] Supervisor Oates: I know they're in their one
[2:06:13] year I was wondering when that one year runs out.
[2:06:16] >> I believe it's May 7th I'm going off the cuff there
[2:06:20] so forgive me if I'm off by a few days but I believe it's May
[2:06:22] 7th is when they will hit their one year.
[2:06:24] Supervisor Oates: Until they get here we can't act on it.
[2:06:28] Y'all just keep showing up every meeting until we get in front
[2:06:33] of us -- we can't do anything.
[2:06:37] >> Anybody else?
[2:06:38] Okay.
[2:06:40] >> Only clarification I would have for staff is we got two
[2:06:43] different things here.
[2:06:44] Now that TMS put a play because really I
[2:06:46] think we've got two resolutions that we're trying to pass down
[2:06:49] is that correct?
[2:06:50] I'm not I'm 100% with you guys the team just
[2:06:53] doesn't make sense.
[2:06:54] And I just want to make sure that we're not
[2:06:58] gobbling everything together.
[2:06:59] Or if that's the way we're supposed to do it,
[2:07:01] I don't really know I just want to make sure that we're fine.
[2:07:04] >> I'm looking at Mr. Pearson he's going yeah.
[2:07:08] >> You all can pass the resolution with the intent
[2:07:11] to include the changes that you discussed and advertise them
[2:07:14] for public hearing as well.
[2:07:15] >> Thank you.
[2:07:18] >> All right.
[2:07:19] So I need a motion on this.
[2:07:23] And I need a second.
[2:07:25] All right.
[2:07:27] Supervisor Oates.
[2:07:31] [Members voting aye]
[2:07:37] Chairman Jewell: Thank you Mr. Bishop
[2:07:39] and all of you for all the work you've done on that.
[2:07:41] All right.
[2:07:43] Next item up is board liaison reports.
[2:07:47] Do we have any?
[2:07:50] I'm looking at you -- go your way first.
[2:07:56] >> Parks and rec commission meeting last night.
[2:07:59] Madigan long commission member was
[2:08:01] recognized for exceptional contributions
[2:08:03] as a member of the Parks and Rec Commission.
[2:08:07] Spent 22 years on that commission.
[2:08:09] From 2004, 20 2026.
[2:08:15] During his final two years of facilities
[2:08:18] were maintained in Parks and Rec made a new program for started
[2:08:21] and he's been recognized with a plaque on the monument
[2:08:24] at the entrance of Schroeder Park
[2:08:27] Warner Drive so again congratulations
[2:08:30] to Mr. Ron Medich and.
[2:08:33] >> Awesome that's great.
[2:08:35] Anybody else?
[2:08:37] Supervisor one dot.
[2:08:43] Supervisor Orndorff: Chairman members of the board.
[2:08:45] County Sanitation District Advisory Committee met on Monday
[2:08:49] August the 3rd.
[2:08:51] They spent some time talking about the yard sale
[2:08:54] they had a very successful yard sale on the spring.
[2:08:58] They were talking about running one in the fall.
[2:09:01] But I've since learned that the person
[2:09:04] who coordinated that for them just felt
[2:09:08] that she couldn't handle it.
[2:09:10] So we'll see what they decide at their next meeting.
[2:09:13] The manager's report, 42 miles of road that stored and chipped
[2:09:23] in Shawnee land and this year so far,
[2:09:29] they've done 7.49 miles of trail .
[2:09:35] At a cost of $257,481.
[2:09:38] Parking lots striping, they had met with the schools about
[2:09:47] the bus pickup area, so they have had that work done,
[2:09:53] it was done July 6th and seventh.
[2:09:56] At a cost of $3,141.
[2:09:59] They've been replacing culverts and they're pretty much
[2:10:04] caught up.
[2:10:05] They currently have seven more scheduled to replace the Sierra.
[2:10:12] -- replace this year.
[2:10:15] Asphalt patching and motor grader work,
[2:10:18] the staff has placed 147 000 tons of asphalt on the numerous
[2:10:24] trails, that's 184 dump truck loads.
[2:10:28] 119 000 $302.
[2:10:30] So quite a bit of work.
[2:10:34] Done their.
[2:10:35] And then there are vegetation control ,
[2:10:41] they're doing that by cutting not spraying.
[2:10:46] So that's the liaison report for Shawnee Land Sanitary District
[2:10:53] Advisory Committee.
[2:10:55] Also on the fifth, the Extension leadership council met.
[2:11:06] Extension reported financial literacy management
[2:11:10] program in the schools has been a success
[2:11:12] and members were encouraged to anticipate this coming year.
[2:11:17] Also reported that two four age club
[2:11:19] teens participated in the national competitions
[2:11:22] and were successful in placing in the Horse Bowl
[2:11:26] and the shooting sports also had some national and individual
[2:11:32] winners.
[2:11:33] It was also reported Frederick County Fair
[2:11:37] attendance was up this year and the carnival was enjoyed
[2:11:40] by the younger crowd in particular. (Indistinct)
[2:11:43] stock shows went well.
[2:11:47] Frederick County Parks and Rec children
[2:11:50] to the fair education recreational activity
[2:11:55] for FFA members and other volunteers
[2:11:59] give tours of the facilities histories
[2:12:01] animals for the children.
[2:12:03] It was expressed that Caden Schumaker exchanged
[2:12:07] summer intern was a huge help on the fair.
[2:12:11] Her willingness to do anything requested
[2:12:14] was greatly appreciated, which I'm sure
[2:12:17] the job description for that.
[2:12:21] [Laughter] Chairman kindly asked Rose McDonald
[2:12:24] to thank the fair board for the work and assistance
[2:12:27] to a great County fair she also thanked the VCE
[2:12:31] staff for all their work and time contributed to the fair.
[2:12:35] And then Frederick County's new for each extension is Michael
[2:12:39] Van Ness, who will begin work on August 10th.
[2:12:42] Mr. Chairman unless there's questions
[2:12:45] I can conclude my liaison report.
[2:12:47] Chairman Jewell: All I've got to say
[2:12:50] is we're very fortunate with our FFA program and our
[2:12:53] for each program here in this county.
[2:12:55] So it's larger than people, I think
[2:12:58] people think and I know I was there at the fair and they said,
[2:13:03] I think they had like over a hundred animals being shown.
[2:13:06] It was huge.
[2:13:07] So thank you sir.
[2:13:09] Anybody else?
[2:13:10] All right.
[2:13:14] Next up.
[2:13:15] Citizens comments.
[2:13:17] Madam clerk.
[2:13:18] >> Yes sir.
[2:13:20] Amber Frye?
[2:13:27] Chairman Jewell: Okay.
[2:13:28] >> Brian Nouri.
[2:13:33] >> I'm here.
[2:13:35] Thank you Mr. Chairman.
[2:13:37] Board.
[2:13:37] Members of the board my name is Brian Noori
[2:13:39] I'm a resident of the district.
[2:13:41] I'm here to remind the residents of the county that not only are
[2:13:44] we voting in November to replace a couple of supervisors
[2:13:47] and our congressional representative
[2:13:49] we also have three amendments to our state's Constitution
[2:13:52] and a local referendum.
[2:13:54] When we have an opportunity to affect
[2:13:56] a change in how our state and locality runs
[2:13:58] we should take those opportunities.
[2:14:00] The first one is on the question of reproductive rights
[2:14:04] of Virginians.
[2:14:05] In the wake of the Dobbs decision
[2:14:07] we have the opportunity to protect the fundamental right
[2:14:09] of a woman to choose how they will carry forward
[2:14:12] a pregnancy or not.
[2:14:13] Relating to prenatal care childbirth postpartum care
[2:14:16] contraception abortion care miscarriage
[2:14:19] management and fertility care.
[2:14:21] The government has no rights to intervene
[2:14:24] between a woman and her doctors as to what care best
[2:14:27] protects her and her family.
[2:14:29] So vote yes.
[2:14:31] Second, concerns the vote to marry whomever we want.
[2:14:34] The 2015 decision made section 15 a the state's Bill
[2:14:39] of rights unenforceable.
[2:14:40] Yet title 20 chapter two subsection 20-13.2 ensures that
[2:14:46] marriages are lawful regardless of sex gender,
[2:14:49] or race of parties.
[2:14:52] So which is a?
[2:14:53] Remember the function of government
[2:14:55] in endorsing marriages is to issue licenses
[2:14:58] to unrelated unmarried parties.
[2:15:00] That's it.
[2:15:01] It's time to enshrine more freedom for Virginians from XO
[2:15:04] vote yes.
[2:15:05] Finally a third amendment would re-enfranchise
[2:15:09] felons who have fulfilled their obligations as punishment
[2:15:11] for their crimes.
[2:15:12] At least 7% of eligible voters in Virginia are eligible to vote
[2:15:16] -- ineligible to vote due to a 1901 Constitutional convention
[2:15:21] that intended to do an end run on the 14th and 15th amendments
[2:15:24] saying that voting was not a natural right.
[2:15:26] The bulk of the damage done to Virginia from that convention
[2:15:30] was corrected in 1971.
[2:15:31] With the amendment will give more Virginians more
[2:15:35] say in the governance so vote yes.
[2:15:37] As proponents of small government
[2:15:39] I would expect the majority of this county,
[2:15:42] much less the Commonwealth itself
[2:15:44] to vote for these amendments to remove three more limitations
[2:15:47] on their rights being handed down from Richmond.
[2:15:49] We don't live in a democracy but we
[2:15:52] are able to vote on these items that
[2:15:54] can directly affect our lives and the lives of all Virginians.
[2:15:58] Additionally residents to the county
[2:16:00] can vote on enacting a 1% sales tax that
[2:16:02] would be earmarked for capital expenses for schools.
[2:16:06] Considering the so-called difficulty
[2:16:07] we've had for the past 15 years, to expand renovate and construct
[2:16:12] new schools, this should be a blessing especially considering
[2:16:15] that much of this would be paid by passes through and tourist.
[2:16:18] Would a fantastic way to get schools in this county
[2:16:21] built and updated.
[2:16:22] I'm not a proponent of straight down the ticket
[2:16:24] voting but the amendments and the referendum
[2:16:26] I would encourage voters to vote yes straight down the line.
[2:16:30] We want more freedoms not fewer.
[2:16:32] Check the status of your voter registration
[2:16:34] and make sure you take the opportunity to make
[2:16:36] your voice heard.
[2:16:37] Thank you.
[2:16:39] [Timer chimes]
[2:16:40] [Applause]
[2:16:41] >> Steven Alabanys.
[2:16:52] >> Good evening members of the board my name is Stephen
[2:16:54] Albanese and I'm a resident of Shawnee Magisterial District
[2:16:59] which is a correction to what I wrote on the sign up sheet.
[2:17:02] Tonight I'm advocating for vulnerable people in Frederick
[2:17:07] County as well as across Virginia.
[2:17:09] I'm asking this board to consider and adopt
[2:17:13] a resolution calling upon the Commonwealth of Virginia
[2:17:16] to outlaw abortion and to provide equal justice of the law
[2:17:21] to preborn humans.
[2:17:22] They should not be a Republican versus Democrat issue.
[2:17:26] But one of morality.
[2:17:29] And are currently affects many right here in our community.
[2:17:34] Specifically I'm asking Frederick County
[2:17:37] to urge the Virginia General Assembly and the governor
[2:17:41] to enact legislation recognizing that preborn
[2:17:44] humans from conception are entitled
[2:17:47] to the same fundamental protection
[2:17:49] against intentional killing that we've recognized
[2:17:52] for humans after birth.
[2:17:54] Virginia law already recognizes in other circumstances
[2:17:59] that the intentional killing of a fetus can be a serious felony.
[2:18:02] Virginia Code 18.2 to 30.2 provides criminal penalties
[2:18:08] when a person unlawfully and intentionally kills
[2:18:11] the fetus of another.
[2:18:12] Yet Virginia's abortion statute separately
[2:18:15] creates circumstances in which an unborn child
[2:18:17] may be intentionally killed through abortion.
[2:18:19] I'm asking this board to call for that distinction
[2:18:22] to be removed.
[2:18:23] The principle I'm asking you to consider is simple.
[2:18:26] Given that Preborn, a preborn child
[2:18:29] is a human, then his or her protection
[2:18:32] from intentional killing should not
[2:18:34] depend on location or stage of development, size,
[2:18:37] or whether that human is wanted in medical scenarios,
[2:18:41] all humans should be treated as patients.
[2:18:44] Both mother and baby.
[2:18:46] That fact, the fact that people disagree
[2:18:49] about the status of preborn humans
[2:18:52] as full humans doesn't change reality.
[2:18:55] In action or complacency is as bad as the dehumanization
[2:19:00] itself.
[2:19:01] Equal justice now for equal value no matter size
[2:19:06] or location.
[2:19:07] This is the voice of the voiceless.
[2:19:11] Therefore I respectfully ask Frederick County Board
[2:19:14] of Supervisors to adopt a resolution stating
[2:19:18] that Frederick County recognizes the equal human value born
[2:19:21] in Preborn humans and supports equal protection
[2:19:25] of the law for both.
[2:19:27] Frederick County calls upon the Virginia General Assembly
[2:19:30] to abolish abortion by removing statutory provisions that
[2:19:34] authorize the intentional killing of preborn human beings.
[2:19:37] And the county to call upon the Commonwealth
[2:19:40] to structure its laws so that existing principles of law
[2:19:43] protecting innocent humans from killing
[2:19:46] apply equally to preborn humans, rather
[2:19:49] than maintaining a separate legal exception for abortion.
[2:19:53] Also
[2:19:56] [Timer chimes] Thank you very much for your time.
[2:19:59] [Applause] >> Mr. Chairman that's the end of the list.
[2:20:02] Chairman Jewell: Anybody else would like to come up and speak?
[2:20:05] You're coming up, folks line up behind them please.
[2:20:10] >> Thank you Mr. Chairman members of the board my name is
[2:20:15] Esper (Indistinct) I guess this is turning into a bit
[2:20:19] of a public forum we do have a couple critical amendments
[2:20:21] on the ballot.
[2:20:23] And the first one is an amendment
[2:20:25] that allows for unrestricted unlimited abortions in Virginia.
[2:20:29] It would strip back any control over the people who
[2:20:32] are performing the abortions.
[2:20:33] And one of the original reasons for ROE
[2:20:36] was to make sure that back alley abortions did not occur.
[2:20:40] This new amendment would not allow
[2:20:41] for any restrictions on the practices of abortion
[2:20:44] to make abortions even more unsafe.
[2:20:46] It also would roll back any kind of parental notification
[2:20:49] or parental consent in Virginia.
[2:20:51] And it would remove any kind of religious liberty
[2:20:53] and religious freedom.
[2:20:55] At risk care.
[2:20:56] It is the most broad, overreaching amendment
[2:21:00] on this topic in the world.
[2:21:05] And so it really goes beyond the pale.
[2:21:10] I have a close family member who was raped
[2:21:15] and had a child at 27 weeks.
[2:21:16] I held that child in my hand when she was 1 pound.
[2:21:21] Right after she was born.
[2:21:22] She fit in the palm of my hand.
[2:21:24] That child is now over three, is thriving and leading
[2:21:28] an incredible life.
[2:21:29] Those are the kinds of success stories
[2:21:32] that we should celebrate as Americans and as Virginians.
[2:21:35] When we talk about freedom, the most important freedom
[2:21:38] is the right to exist.
[2:21:40] And with this amendment on the ballot does
[2:21:42] is limits people's right to exist
[2:21:44] so I would encourage everyone in Frederick County,
[2:21:47] let's make ourselves known for how
[2:21:48] we care for the most vulnerable by supporting mothers who need
[2:21:53] support, by supporting children who need support.
[2:21:56] Not by making it easier to terminate lives.
[2:21:59] Just because they're in inconvenience.
[2:22:01] Thank you.
[2:22:06] [Applause]
[2:22:08] >> Thank you for giving me an opportunity to speak again.
[2:22:10] I had not planned to do that until Mr. Oates brought up
[2:22:13] about the battery storage.
[2:22:15] My name is Vicki Michaels and I am in the Stonewall District.
[2:22:19] So months ago, Mr. Oates brought up and submitted before you
[2:22:24] all about the battery storage.
[2:22:25] And it was sent to the Planning Commission.
[2:22:28] And it was also sent to the DRC.
[2:22:32] I attended both of those meetings.
[2:22:35] The DRC was mostly answered by well
[2:22:39] we're not sure of that yet, we don't know about that
[2:22:41] but it was regarding whether or not we have cup for.
[2:22:45] Then again it was scheduled for another meeting on July 23rd,
[2:22:50] which was canceled.
[2:22:51] So I frankly would like to see this come before us so we
[2:22:54] can get it settled.
[2:22:55] Because I do not appreciate hearing about how
[2:22:58] you almost had to cut the power to this entity or this entity
[2:23:05] because of lack of it.
[2:23:07] That's a threat technique.
[2:23:09] And I, I spoke earlier in a very positive manner
[2:23:13] because I genuinely feel that way.
[2:23:16] But when you start telling me that if I do not
[2:23:18] agree to something, this is what's going to happen,
[2:23:21] you're going to get my goat up.
[2:23:23] So instead of us encouraging and looking
[2:23:27] at battery storage, which means the electrical companies
[2:23:31] are required to buy power from them,
[2:23:34] which is going to only benefit the people who have the battery
[2:23:38] storage.
[2:23:39] It does not benefit us.
[2:23:41] Let's get this before us so we can
[2:23:43] get it settled so that we can see what is truth, what is fact,
[2:23:48] and what is pure lies.
[2:23:49] Thank you.
[2:23:50] >> Thank thank you Ma'am.
[2:23:53] >> Hey y'all my name's Elizabeth Bat Creek I'm actually
[2:23:58] on the ballot for November for the Bat Creek seat.
[2:24:00] I wrote to all of you that about democracy, about coal mines
[2:24:06] about canaries all the things.
[2:24:08] Begging for mercy begging for cents begging for common sense.
[2:24:11] I've asked Al to mentor me.
[2:24:13] To pass the mantle down.
[2:24:16] I'm 42 years old.
[2:24:18] Don't you think it's time for other people
[2:24:21] to take seats of power, to make decisions for our future?
[2:24:25] Thank you Supervisor Oates.
[2:24:27] For having transparency.
[2:24:29] And just talking like normal people.
[2:24:33] This data center thing, the fact that we
[2:24:35] can't have any communication about that people are begging
[2:24:38] pleading asking for mercy.
[2:24:39] Do you have any idea how undignified that is?
[2:24:42] You ask for respect and yet you don't give it.
[2:24:45] It's extraordinary to me.
[2:24:47] We're talking about people privatizing water.
[2:24:50] Those two Ashburn things when they popped on their generators
[2:24:54] they sent ripples throughout our entire East Coast grid
[2:24:57] and we're acting like that isn't happening.
[2:25:00] Our electric all over Ohio Indiana, BlackRock,
[2:25:05] is privatizing all of our resources.
[2:25:08] Y'all.
[2:25:09] Seriously?
[2:25:11] Do you not see that every county across America
[2:25:13] is fighting data centers for a reason?
[2:25:15] That they're popping up like tumors?
[2:25:18] Like cancers?
[2:25:19] China our enemy, has 400 data centers for 1.2 billion people.
[2:25:25] How many do we have in Virginia so far?
[2:25:28] It's disgraceful.
[2:25:30] Disgraceful.
[2:25:31] This is our county.
[2:25:33] This is our land.
[2:25:35] And we are Virginians.
[2:25:37] We're going to sit here and let them do this to us?
[2:25:40] These billionaires?
[2:25:41] These tech oligarchy is going to come on our land
[2:25:43] and tell us what to do?
[2:25:44] Develop all of our things and take our resources?
[2:25:48] That's why I have to be up here all the time that's
[2:25:50] why these poor people have to do this.
[2:25:52] Because y'all won't make commitments to anything
[2:25:55] because you don't have Constitution.
[2:25:56] Show us something better.
[2:25:59] I deserve respect to you.
[2:26:01] You got me?
[2:26:07] [Applause]
[2:26:09] >> My name is Alexander Ritter.
[2:26:12] I usually don't speak without having something written.
[2:26:15] I'm in pagan district sorry my bad.
[2:26:18] I usually don't speak without having something
[2:26:20] written because I get anxiety when I'm up here.
[2:26:23] But I wanted to say that I'm also running for the chairman
[2:26:28] position.
[2:26:28] And that I was thinking earlier, by the way
[2:26:32] thank you oats for reiterating that we need to keep
[2:26:36] the definition of data centers.
[2:26:38] I was thinking earlier, Mr. Willie
[2:26:43] Deutsch I don't know how to say her name he came up here
[2:26:47] and he asked, I want to hear what your position on data
[2:26:51] centers are.
[2:26:53] And every single, never heard any confirmation
[2:26:57] other than a couple of vague remarks.
[2:27:00] Besides Mr. Wells, you have released things
[2:27:06] and you're my supervisor and I appreciate your service
[2:27:09] to my district.
[2:27:11] What I want to say is as I person running,
[2:27:15] I tell you what my position is.
[2:27:17] No data center is.
[2:27:18] Prohibit them.
[2:27:19] In our county.
[2:27:20] And I want to mention that several of you
[2:27:23] up here when you're on the Planning Commission,
[2:27:25] or as a Board of Supervisors, when you're on the Back Creek
[2:27:32] District or whatever district.
[2:27:34] Have voted yes and, a couple times so.
[2:27:40] Just wanted to point that out.
[2:27:42] Thank you very much for letting me speak.
[2:27:44] I know where I stand.
[2:27:46] Maybe you should too.
[2:27:49] Chairman Jewell: Thank you sir.
[2:27:50] Anybody else?
[2:27:51] All right.
[2:27:52] Come on up.
[2:27:56] >> Wendy Dorothy gainsboro.
[2:27:58] I just want to let you know that I'm genuinely trying
[2:28:04] to understand all the issues.
[2:28:06] I'm genuinely reading, speaking, learning all the time.
[2:28:11] About these issues.
[2:28:12] In front of us, the data centers, the transmission lines,
[2:28:17] the water, the air come on how all that is going to affect us
[2:28:21] and I just do want you to know that I genuinely
[2:28:23] am trying to parse out the difference when I'm
[2:28:27] reading something online or when I hear something from you guys
[2:28:31] to.
[2:28:32] And I wish that weren't the case.
[2:28:34] I wish it wasn't that.
[2:28:37] Supervisor chairman Joel.
[2:28:39] That when we said about the data center and the proposal,
[2:28:42] making it airtight that at the very end you said for now.
[2:28:46] And it shouldn't matter to me.
[2:28:48] We should know that when you say it's airtight it's airtight.
[2:28:51] But I here for now and then I think, what does that mean?
[2:28:54] Does that mean there's a crack?
[2:28:56] Does that mean?
[2:28:58] I want to believe what you say.
[2:29:00] I do.
[2:29:03] But there's a little bit of a doubt there
[2:29:06] and I also want you to know I understand land,
[2:29:09] I understand farming, my husband is a farmer,
[2:29:12] our son came back from college and farms with my husband.
[2:29:16] I understand these issues.
[2:29:18] I understand water issues.
[2:29:19] And I also understand that agriculture in this county, even
[2:29:26] though one of you have said is a huge user of water
[2:29:29] for the irrigation, we are largely a road crop county.
[2:29:33] And with our geography, there really
[2:29:36] isn't any irrigation there.
[2:29:38] And when AG does irrigate, it goes back into the ground.
[2:29:44] Right?
[2:29:44] That's a big difference than what data centers do.
[2:29:48] So anyway, those are just a collection of thoughts
[2:29:52] that I wanted to make sure I got out.
[2:29:54] Thank you so much for your time.
[2:29:55] Chairman Jewell: Thank you Ma'am.
[2:29:58] Anybody else?
[2:29:59] All right.
[2:30:00] Board of supervisors comments?
[2:30:03] >> Yes sir Mr. Chairman.
[2:30:05] I'm going to say school has started
[2:30:07] and busses are on the road.
[2:30:10] So pay attention.
[2:30:12] Our kids are our future and just go slow and don't
[2:30:17] pass the school busses.
[2:30:19] Also, everybody talks about speeding and blowing
[2:30:22] stop signs and lights and all that kind of thing.
[2:30:25] This group in here maybe I'm talking to the choir but let's
[2:30:29] do the best we possibly can to obey all the traffic
[2:30:32] signs and all the red lights and so forth and I note you look up
[2:30:38] and you say I think I can make that but maybe we just
[2:30:41] slow a little bit.
[2:30:41] That would be a big help.
[2:30:43] But basically school has started and we
[2:30:45] have kids waiting at school bus stops
[2:30:47] and crossing the road so be very careful.
[2:30:49] Thank you very much.
[2:30:52] Chairman Jewell: Thank you sir supervisor Oates.
[2:30:56] Supervisor Oates: Probably when you
[2:30:58] said for now that's because the state changes the rules.
[2:31:00] They change it a lot.
[2:31:03] Just like local counties got rid of distilleries and that type
[2:31:06] of thing and the counties.
[2:31:07] The state came back and said no you have to do it now.
[2:31:10] One being built in my district that county has no say over.
[2:31:15] They get to be that permit they get the Virginia health permit
[2:31:19] Virginia license, so the state can take the power away
[2:31:23] from us real quick.
[2:31:24] So we're doing what we can.
[2:31:27] But again, keep in mind the state they call the shots.
[2:31:32] If they come back and say every locality,
[2:31:34] just like you saw tonight about different types of housing
[2:31:38] and different lots.
[2:31:39] Every locality has to have this in their ordinance.
[2:31:42] If they tell us we have to have it
[2:31:45] in the data center in the ordinance,
[2:31:47] we're going to have to put it back
[2:31:48] in because that's state law.
[2:31:50] We have no choice.
[2:31:51] So that's the for now.
[2:31:54] The second thing is, what was brought up
[2:31:57] about the energy corridor.
[2:31:58] For the transmission lines.
[2:32:00] I guess Mr. Bishop, since that was something
[2:32:05] we needed to look at the Comp plan
[2:32:07] it sounds like it's time sensitive is
[2:32:09] this something we can pull off?
[2:32:10] Or is this, where are we at with this?
[2:32:14] >> Frankly ideally you would do it as part of your normal update
[2:32:17] as something that was already discussed at the work session
[2:32:20] within that scope.
[2:32:21] If you're trying to do something the board
[2:32:23] wants to direct us to do something sooner
[2:32:24] you'll have to follow your normal public hearing
[2:32:27] requirements and that sort of thing and of course
[2:32:29] give us the time to actually draft it.
[2:32:32] It's probably the primary example nearby example anyway.
[2:32:35] Of a locality that's done that and while there's,
[2:32:40] devil's in the details the general guidance in there
[2:32:45] is that they're trying to keep them
[2:32:47] within the existing corridors.
[2:32:49] Definitely more detail to it than that.
[2:32:52] But I wouldn't expect a recommendation
[2:32:55] much different from that from us unless you
[2:32:58] want to start an entire another data center and power line
[2:33:02] discussion that could stretch out endlessly.
[2:33:05] So that's a long answer.
[2:33:08] But to answer your direct question
[2:33:11] of if we can modify your comprehensive plan and a quicker
[2:33:14] order than what we're currently doing with the update,
[2:33:16] yes we can we just need to go ahead
[2:33:18] and put it in the schedule.
[2:33:20] Supervisor Oates: I would prefer we
[2:33:22] take a look at that have our county
[2:33:23] attorney our new attorneys assigned on
[2:33:25] and staff take a look and see if that's something we
[2:33:28] can get done before November.
[2:33:30] Strengthens (Indistinct).
[2:33:34] That's all I have.
[2:33:37] Chairman Jewell: Anybody >> I would move we adjourn.
[2:33:45] Chairman Jewell: We are adjourned.
[2:33:52] [Background conversation]