2026-10-26 - Board of Commissioners Meeting

00:51Heat. Heat.

02:00Heat.

02:23Hey. Hey.

02:53Heat.

03:14Heat.

03:49Heat. Heat.

08:53Heat. Heat.

12:05Heat. Heat.

12:55Wonder.

15:42Good evening.

15:54>> Good evening. We're ready.

15:58Thank you. Thank you for your attention.

16:01Welcome to the Monday, October 26, 2026

16:04Davidson County Board of Commissioner

16:06meeting. We're glad to have you with us

16:07tonight. Call the meeting to order and

16:10I'll call on Commissioner Kester to lead

16:12us in the invocation and the pledge.

16:14>> Thank you. Let's pray.

16:17Lord, we just come before you tonight

16:19with open hearts. Lord, we ask you just

16:21to um speak to each of us in here in

16:23your own way. Lord, especially with the

16:25commissioners, with the weight of the

16:27decisions we've got on us tonight. And

16:30um Lord, you remind us in Proverbs

16:3311:14, where no counsel is, the people

16:36fall. Amen.

16:37>> But in a multitude of counselors,

16:40there's safety. So Lord, we seek that

16:42safety as a board. We seek that counsel.

16:45Lord, we ask you for uh wisdom and

16:47discernment with each decision we have

16:50to make tonight, Lord, that it would be

16:52in the best interest of uh the people of

16:54the county. And Lord, it'd be honoring

16:56to you. We ask you all these things in

16:57Jesus name. Amen.

16:59>> Amen.

16:59>> Let's pledge.

17:02>> I pledge algiance to the flag of the

17:06United States of America and to the

17:08republic for which it stands. One nation

17:12under God, indivisible, with liberty and

17:15justice for all.

17:17>> Amen.

17:25>> Thank you, Commissioner Caster. And and

17:27one thing I'd like to to ask tonight if

17:30we could have um

17:33quiet and and good listening skills

17:37tonight. I think a lot of people

17:38probably have some very very important

17:40things to say and everybody likes to

17:43hear uh what others can say and they can

17:46often give us wisdom and help in our

17:50decision making as well. Thank you very

17:52much.

17:54I'd like to recognize a group that's

17:56with us tonight. Scott Pettit is here

17:59with the Davidson County Early College

18:02Program and some high school seniors I

18:04believe are with him. We'd like to

18:06welcome them. We appreciate our our

18:10folks coming out and learning about

18:11government. This is one of the best

18:13places to learn about it. And if y'all

18:15would like to come forward, we'd be glad

18:17to have a picture made with you. Um and

18:22we'll invite you right now.

18:24>> Amen.

18:27>> Huge

18:31get back in. That's mine. Y'all ready?

18:35Y'all turn out that way so everybody can

18:37see you. And

18:39>> taller get in the back and shorter in

18:40the front.

18:42>> Oh, that's fantastic.

18:43>> A nice group of people.

18:46>> Come on now.

18:54>> Wonderful.

18:58[laughter]

18:59>> Are you good? You good?

19:01You got to get in here, too. Come on,

19:03teacher.

19:03>> I'm good. I'm good. [laughter]

19:06>> Come on. You got to get in here.

19:12[laughter]

19:14>> Okay. Ready? One, two, three.

19:18One, two, three.

19:21And one, two, three.

19:24>> I'll give him a hand for coming. Thank

19:27you all.

19:30>> [applause]

19:30>> We got all these kids that

19:37[clears throat]

19:37>> Thanks y'all. Um, [laughter]

19:38>> as they said, my name is Scott Pettit.

19:40I'm a math teacher at Davidson Early

19:42College High School. Um, and one of the

19:44things that we implemented this year was

19:47uh, community service hours. And so, as

19:51you said, what better way to see how

19:52local government works than to come to

19:54these meetings. And so the students are

19:56being able to come to these and have

19:58them count towards their community

19:59service.

20:00>> Fantastic deal.

20:01>> Thank you so much. [applause]

20:07>> Also, I believe Andrew Wade is

20:10representative from Lexon Area Chamber

20:12of Commerce. Andrew, thank you for

20:14coming. [applause]

20:19[clears throat]

20:20>> All right. Uh, Commissioner Shell, would

20:22you like to recognize our veterans? If

20:24we have any veterans, would you please

20:26stand?

20:29[clears throat]

20:33[applause]

20:37Any of you veterans who have not

20:39received the county's veteran pen, if

20:41you would come up and allow us to

20:43present one to you. Here we go. Looks

20:46like we've got a taker. There we go.

20:48>> Yeah.

20:57Thank you sir for your service. Yes sir.

21:00Thank you.

21:01>> Thank you for your service.

21:05>> Thank you for your service.

21:09>> Thank you for your service.

21:10>> Appreciate you sir.

21:16[applause]

21:22If you're interested in speaking at

21:24public address, please register. I'll

21:27call on you to do that. And

21:32before we adopt the agenda, I'll I'll

21:34I'll share this with you. Commissioner

21:36Kester has asked that an update on flock

21:39be added to the agenda as a deliberation

21:42item. And also due to the anticipated

21:45length of the public hearings, I'm

21:47requesting that they be moved to follow

21:49the deliberation item. Are there any

21:52other changes to the agenda

21:56>> just to the cons?

21:57>> Yeah, that's that's later. Okay. Okay.

21:59May I have a motion and a second to

22:01adopt the amended agenda?

22:04>> Second.

22:05>> Second.

22:05>> All in favor?

22:06>> I

22:07>> I thank you.

22:09Now

22:11we're ready for public address. Is there

22:13anyone registered to speak? Mr. Mayus.

22:17[clears throat] Thank you.

22:20Okay. If you will share share your name

22:24and and your address. Jackie Taylor.

22:28We'll start with you.

22:31Good evening. My name is Jackie Taylor

22:33and I am a resident of Davidson County.

22:36Saturday, while many people were at the

22:38barbecue festival, I chose to take my

22:40dogs to Buttle Creek. Daniel Richardson,

22:42the writing candidate, was sponsoring a

22:45community picnic. I accepted the

22:47invitation to eat. A man joined us, and

22:50soon deputies arrived asking about the

22:52red truck.

22:54A situation was unfolding and in the

22:56middle of an active campaign season with

22:58a candidate's banner right at the

23:00entrance, it would have been been very

23:02easy for tensions to run high or for the

23:04response to be misconstrued.

23:07Instead, the responding deputies stayed

23:09completely focused on public safety and

23:11deescalation. They handled the inquiry

23:14regarding the vehicle and the gun and

23:16the individual calmly, fairly, and with

23:19total institutional neutrality. As a

23:22resident, simply walking my dogs,

23:24watching officers manage a delicate

23:26scene without unnecessary friction or

23:28partiality gave me a great deal of

23:30confidence. It highlights that our

23:32sheriff's office is tasked with keeping

23:34the peace for every citizen in Davidson

23:37County, regardless of who is hosting a

23:39picnic or running for office. I stand

23:41before you tonight to publicly commend

23:43these deputies, for making the right

23:45call and handling a tricky moment with

23:47true professionalism. Thank you. And I'm

23:50going to give this to the clerk for the

23:51minutes.

23:52>> Thank you, Miss Taylor.

23:54Tavis Curry.

24:00>> All right. So, I want to speak on the

24:01data center text amendment. Should I do

24:02that now or should I wait?

24:06>> You can speak on it now.

24:07>> Yeah, sure.

24:07>> Okay. All right. Good evening. My name

24:10is Tavis Curry. I live on at 2756 Old

24:13Lynwood Road. Since July, I put together

24:16factual research on data center

24:18standards for this board. Not to tell

24:20anyone what to think, but to make sure

24:22the facts are on the table. Tonight,

24:24based on that research, here's where I

24:26stand. I support the data center

24:29ordinance Mr. Crook and the planning

24:30team have drafted and I'm asking this

24:32board to adopt it. It sorts facilities

24:35by size from small edge sites up to

24:38hypers scale and requires a special use

24:40permit with this board's review for the

24:42largest ones.

24:44It sets noise limits at the property

24:46line, real buffers and setbacks from

24:48homes, schools, and churches, low water

24:51cooling requirements, and a plan and

24:52financial guarantee for removing a

24:54facility if it shuts down.

24:57If the board wants to fine-tune parts of

24:58the text amendment, I'd encourage you to

25:00make those changes and adopt it tonight

25:02rather than starting over or waiting.

25:05On October 6th, the county's attorney

25:07advised the planning board that an

25:09outright ban on data centers would be

25:11very difficult to defend and that robust

25:14enforceable regulations are the most

25:15legally sound approach. Since September,

25:19there have been five public meetings and

25:20workshops on these standards. They're in

25:22front of you tonight, and your planning

25:24board unanimously recommended them on

25:26October 20th. The strongest path isn't

25:29an outright ban, and it isn't a blanket

25:31welcome mat either. It's clear

25:33categorized standards tested by other

25:36counties that tell a developer exactly

25:38what's expected before they even break

25:40ground. That's what protects this county

25:43and attracts responsible development.

25:46I've lived in this county my entire

25:48life. My family and my kids have a stake

25:50in this, too. My goal this whole time

25:53has been to protect this county while

25:54allowing for responsible growth. I hear

25:57the concerns people have. Clear

25:59standards address those concerns and

26:01protect the people who live here. I'm

26:04asking you to adopt them tonight.

26:06Thank you again to Mr. Crook, the

26:08planning board, and each of you for the

26:10time you put into this. Thank you.

26:13>> Thank you,

26:16>> Don Hash.

26:18[clears throat]

26:26It has come to my attention that the

26:29attorney Christopher M. Watford is your

26:34family and I'm going to ask and demand

26:37that they remove you from any votes

26:39whatsoever. It's a conflict of interest.

26:41Now, unless Christopher M. Watford, the

26:44attorney, is lying to me because I

26:46walked back there and asked him. He did

26:48say that he is from Sam's side, but I

26:51want you to know it doesn't matter to me

26:54if he's on your side or his side. It's a

26:56conflict of interest and you have not

26:58once disclosed that in the public

27:01meetings to anyone. So, I'm demanding

27:04that every one of you recluse her no

27:07votes on these subjects whatsoever. And

27:11shame on you. The ethics in this

27:13committee is outrageous. You should have

27:16said something to all of us. Now, unless

27:20he's lying, I think we got a Bible here.

27:23Do you want to swear on it?

27:26>> Cuz I'm ready for you to be sworn in on

27:28any penalty of perjury. Let's all be on

27:30the same page here.

27:32I have yet to hear your response, Miss

27:34Watford.

27:39Do you want to bring Mr. Christopher

27:41Watford up here to disclose it?

27:45I'm waiting, commissioners.

27:48[clears throat]

27:49It's a gotcha moment.

27:52She has to be reclused

27:55and I'm demanding you do it right now.

27:58Which what say you, commissioners?

28:01>> I want to know what you're talking

28:02about.

28:03>> Mr. um Christopher Watford is the

28:05attorney for the U gas and probably Duke

28:09Energy. Not quite sure. He can testify

28:10to which he did not disclose it in the

28:14planning and zoning committee that he

28:16was Mrs. Watford's family member.

28:19>> We'll get advice from the county

28:21attorney. Let her finish.

28:23>> And I want you to tell us in your own

28:27words, is he family? Whether it's third,

28:30fourth, kissing cousins, I don't care.

28:33>> Which is it, Miss Watford? Because in a

28:36court of law, you're going to have to

28:37answer it.

28:39you. We'll talk with the attorney after

28:42she

28:43>> I'm not through with my three minutes.

28:44I'm waiting.

28:47If you've got a bone a backbone, any of

28:49you commissioners, you better stand up

28:50and and protect the citizens on this

28:52vote because we would expect you to

28:56answer, too.

28:59What say you, commissioners?

29:01What says the community?

29:05What says uh Christopher Watford? You

29:08haven't called him up for a testimony

29:09yet. And I'm not here to embarrass him.

29:12I just happen to feel the Holy Spirit

29:14say, "Ask him." He didn't deny it.

29:18>> Thank you.

29:19>> And I'll talk again after you do the

29:23>> That's [applause]

29:30Madam Chair. One other one other thing

29:32to keep in mind when um when someone's

29:35speaking up here, we don't engage or

29:38talk while they're they have their

29:39allotted three minutes. It's once their

29:41three minutes is done when we can

29:45respond or pose some other questions. So

29:48that's why we kind of sit there silent

29:49staring.

29:51>> Mr. Jones, will you u

29:53>> will you address this

29:54>> for me? For me?

29:58Well, if if there I I'll just read what

30:03the what the statute says about

30:05recusals,

30:06>> right?

30:07>> Um so, in a reasonzoning petition or a

30:12zoning text amendment, the the land the

30:17general statute that relates to to land

30:21use, the applicable statute is is

30:24general statute 160D-109.

30:27And uh the standard is that if a board

30:30member has a close familial business or

30:33other associational relationship with

30:34the applicant that recusal is required.

30:38Um,

30:40so I I think we would just

30:44this is not I this is not the the time

30:47that you would consider whether to be

30:50recused from a vote on

30:53>> you know that's that's forthcoming in in

30:56a couple weeks time.

30:58>> Uh that would be considered at that

30:59time. Um certainly we can talk and

31:03further you know clarify [clears throat]

31:05any you know any kind of relationship

31:08you know prior to that and and determine

31:11if if a recusal is warranted.

31:14>> Am am I

31:17am I being asked by this board and by

31:22you to answer her questions? I do not

31:26have to do that.

31:27>> Oh no. This is This is

31:29>> Thank you. I just want to make sure you

31:33>> because there's a vote tonight. There is

31:35a vote tonight on the text

31:38>> and she should not be voting. I'm sorry.

31:40She should not be voting and I'll stand

31:43by my words.

31:47>> The text the text

31:50>> the text amendment doesn't involve

31:52>> does not involve Duke. This is

31:53>> does not have anything to do.

31:56[clears throat]

31:57>> Okay. John Hart will move on.

32:01>> Still in a great mood.

32:08>> Good evening, Madame Chair and members

32:10of the commissioners. First, I want to

32:12thank you for and the planning board and

32:15the county staff for the considerable

32:16time and effort you've devoted to the

32:19issue of the data center development in

32:21Davidson County. I understand the

32:23planning board unanimously recommended

32:26proposed regulations on October 20th.

32:29Those regulations addressed important

32:30concerns including noise setbacks, water

32:34conservation, emergency operations, and

32:36decommissionings that represents

32:38substantial progress and I believe it

32:40deserves recognition.

32:43I'm here tonight because I support

32:45responsible data center development and

32:48I believe DSON County has an opportunity

32:50to benefit from this growing industry.

32:53Data centers are becoming an

32:54increasingly important part of our

32:56nation's infrastructure. They support

32:58communications, health care, education,

33:01financial services, and the businesses

33:03that depend upon modern technology. They

33:06also represent a significant economic

33:08opportunity. A major data center can

33:11bring substantial private investment,

33:13create construction jobs, provide

33:15permanent technical employment, and

33:18generate property tax revenue that helps

33:20and supports our schools, emergency

33:22services, and other county

33:23responsibilities.

33:25As someone who teaches computer

33:27networking at the college level, I also

33:30recognize the potential opportunities

33:32these facilities offer for developing

33:34our local technical workforce.

33:38But I understand that economic

33:39development must be balanced by

33:42protecting our residents and natural

33:44resources.

33:46Concerns about water consumption,

33:47electrical infrastructure, noise, and

33:50neighboring uh properties deserve

33:53serious consideration.

33:55That's why I support clear, responsible,

33:58and enforcable regulations.

34:02Yet, I also recognize that recent

34:04changes in North Carolina law may

34:06complicate the county's ability to adopt

34:09certain zoning amendments immediately.

34:12I appreciate this place the commissioner

34:15finds themselves in this difficult

34:17position. Regarding the proposed

34:19fourmonth moratorum, I would

34:21respectfully encourage you to consider

34:24whether the full four months are

34:26necessary to resolve the remaining legal

34:29and regulatory questions. If a moratorum

34:33is required, I hope the county will

34:35establish clear objectives, move forward

34:38as quickly as possible, and end the

34:40moratorum as soon as legally sound

34:43regulations can be adopted. We should

34:46not allow unnecessary uncertainty to

34:50discourage responsible investment in

34:53Davidson County.

34:55I encourage you to build upon the TRA

34:57planning board's work and establish a

34:59predictable regulatory framework that

35:02protects our citizens while welcoming

35:05economic opportunity. Davidson County

35:08does not have to choose between

35:09protecting our communities and

35:12encouraging economic growth.

35:13>> Three minutes, sir.

35:15With thoughtful regulations and decisive

35:17leadership, we can accomplish both.

35:19Thank you.

35:20>> Thank you.

35:20>> Thank you.

35:21>> Did you skip my name on purpose, Karen?

35:23>> No. No, Paulie. I just got a little

35:25flustered there. I'm sorry. I'll pull

35:29I'll pull pull you on up next.

35:31>> No worries. I'll do it anyway.

35:34[clears throat]

35:37>> So, I attended the planning and zoning

35:38board meeting this past week and that

35:40was a dog and pony show if I've ever

35:42seen one. And your your attorney

35:45basically say that anyways or their

35:46attorney when he said it was merely

35:49smoke and mirrors facade. It was just a

35:50courtesy for you to give them that if

35:52they didn't act in 30 days. You would do

35:54whatever you wanted to do anyways. So

35:55why do we even have it? Why do we even

35:58have a plan in zoning board? If it's

36:00just a mere courtesy, smoke a mirror's

36:02facade.

36:04That's insane that your only the only

36:06attorney says that. And then I find it

36:09comical. I've been to these meetings a

36:11long time and we keep dwindling down

36:13chairs. Last meeting we couldn't have

36:16people standing, but this meeting we

36:18can. So, we're going to stick with a

36:20rule and stick with it or we just going

36:21to pick and choose. We won't follow

36:22these rules. I understand these seats

36:24were removed for handicap access. I used

36:27to sit back there right by that door.

36:29There were seats all the way up to that

36:30door. There used to be seats all the way

36:32up here. So, tell me again how you don't

36:33stifle people's ability to come in here

36:36because it's plain as day. Plain as day.

36:40Not only that,

36:42I was also at the planning and zoning

36:43board meeting where they they had high

36:45dollar paid experts to come and talk

36:48about how they were going to put all

36:49these guard rails,

36:52not [clears throat] only for the data

36:53center, but for the Duke Energy stuff.

36:55And it's a joke. It's a joke. It's a

36:58joke how little effort you guys have put

36:59into this. It's a joke how little effort

37:02they've put into it. And then you expect

37:03us to take you serious, Karen, after

37:05that little little diddy there that you

37:07you got done after being, you know,

37:09drilled on on your uh familiar con

37:12contact there, but then you were still

37:14in good spirits, but then you skip over

37:15my name and then you said, "I got

37:18flustered." But you were in good

37:19spirits. I need for you to stick with

37:21it, please, because you can't. And if

37:25you think that's going to give us

37:26transparency, it's absolute just lies.

37:29Now, I know Chris. I went to school with

37:30Chris. we were good friends. He not one

37:33time during that entire like 5 10 minute

37:35speech that he addressed the planning

37:36and zoning did he state that he had any

37:39connection to you.

37:41>> So the lack of transparency across the

37:43board is dog dirty

37:48and for we got you got an attorney you

37:51got people saying we can't not have a

37:53law data center because it's against the

37:55law. Put up or shut up. Produce the law.

37:58Put up or shut up. Steve, I don't know

38:00you, bud, but you spoke at the GOP when

38:02you got voted in that you were against

38:04him. Tonight's the night. Show us.

38:07Chris, don't shake your head cuz you

38:09still owe me an apology. We're a year

38:10after.

38:13>> Maybe you should virtue signal to your

38:15new church that you actually stand on

38:16business.

38:17>> God bless you.

38:18>> Yeah. God bless you.

38:19>> God bless you.

38:24[applause]

38:30Tom Lackey.

38:40I'm I'm Tom Lackey live down toward

38:43South Mont. Uh what I'm here to talk

38:47about is I'd like to give some

38:49recommendations

38:50about data centers

38:53from an engineers looking at it.

38:57One of them is these data centers going

39:00in now are going to be outdated in the

39:03near future.

39:05There's something called a quantum

39:06computer that's hiding in the

39:08background. I'm sorry, but this is much

39:11different in it and what we have now is

39:14is dialup uh internet and Wi-Fi.

39:19It's just no comparison.

39:21That's number one.

39:24I would recommend the power be generated

39:27onsite and the reason is you have if

39:31you're going to have the data center you

39:33can control that and you'll have more

39:35tax money. The generators should never

39:39be portable generators.

39:42They do not have to abide by the

39:46regulations of of uh emissions and

39:50noise. Remember that.

39:55Number two, the generators should have

39:58heat recovery on them. What does that

40:01mean? Instead of having 15 generators,

40:04you can have 10 or 12 burn the same gas,

40:07produce the same power.

40:10Does that make sense? Just just plain

40:12and simple.

40:14Uh the noise cancellation can be on

40:18generators. these portable generators is

40:21like sitting beside of a jet airplane,

40:23but it never takes off.

40:26Sorry, but that's it.

40:28And the advantage is you got tax pls

40:32coming in from it. The thing that I I

40:35don't know about I don't know whether I

40:37want them or not is I when I turn my

40:40switch on, I want my lights to come on

40:42and I know all that is controlled by

40:44these data centers

40:47where they're not. And if you have any

40:49questions, I'd be glad to try to answer

40:51them.

40:54>> Yeah. If you got contact information,

40:55I'd love for you to leave it. But

40:58>> Okay.

40:58>> County manager. Thank you.

40:59>> You know, I I reason I'm saying this is

41:01advice. I'm not trying to

41:03>> Yeah. No. No. Thank you.

41:04>> Thank you, sir.

41:05>> Thank you.

41:06>> All right. Thank you, sir.

41:10>> Dana Lumis.

41:16Well, I'm going to give you a little bit

41:17of a break. I'm not here for the data

41:19centers or any of this. What I am here

41:21is to proceed a decorum

41:25between this board of commissioners

41:28and our citizens of Davidson County for

41:31about a year now. The arguing, the

41:33bickering, the cussing, the yelling,

41:35this back and forth. We're not

41:38accomplishing a damn thing in this

41:40county, people. And this goes for

41:41everybody out here. I've been coming to

41:44these meetings for a straight year now.

41:46Steve Shook, thank you. You're new to

41:48this. Thank you. But here we're going to

41:50guys, and I'm going to read something.

41:52You posted something on the outside of

41:53this door. If I or a citizen disrupts

41:57the meeting, we can and will be charged

41:59with a misdemeanor and escorted off the

42:01property. Correct. That's why it was put

42:03up there. So, here we go. Disruption of

42:05official meeting. If a commissioner's

42:08arguments conduct activity, deescalating

42:11the order of the room, or disrupts the

42:13transation of a public business, they

42:15themselves may be violating the board's

42:18duty to maintain a structured order

42:19meeting. I have sat here and heard

42:23people say, "Shut up. You apologize."

42:25But I also hear this these people out

42:27here are cussing you. We all have to

42:29have a board of ethics, some kind of

42:31ethics.

42:32And I'll be damned if I see it. between

42:34all of us. We are citizens and we want

42:36the best for this county. But here's the

42:39other thing. Reed's Elementary School,

42:41here's why I'm here. I'm asking the

42:43county commissioners to call the

42:44Davidson County Board of Education and

42:47ask them what they're doing with the

42:48money you gave them. That school is

42:50falling apart. People go out there and

42:52visit Reeds Elementary and see the

42:54foundation cracking and falling apart.

42:56Then go to Churchland Elementary and see

42:58the condition of the elementary schools

43:00in this county. We're sitting here and

43:03going to spend a hundred plus million

43:04dollars on a new jail for Richie

43:06Simmons.

43:08Our students are suffering worse than

43:09the inmates are. Why should our students

43:12have to go to school and learn in the

43:13condition they are? And the inmates are

43:15going to get a brand new jail here. I

43:17say we put a moratorum and hold the

43:19money back from Richie Simmons from

43:21building that jail. And let's use the

43:23money for other needs that need to be

43:25done in this county. I'm fed up with it.

43:27You talk about a waste of money. Well,

43:29let me tell you what. If I went to jail

43:31today and I did something, then I expect

43:33to do the time in the dirty ass jail

43:35that we have in this county. And

43:37basically, I'm done with it. Section

43:40153A-521

43:43um is an open forum, one-way forum

43:45between the public to address the

43:47legislators of Davidson County or the

43:49state of North Carolina. But we all need

43:52to do the same thing, guys. We are not

43:54accomplishing by yelling and screaming

43:56at one another. That's why I came here

43:59tonight. You have a board of eth, you

44:01have an ethics. You all had the copy of

44:02the ethics, right?

44:05I think you all need to read them, okay?

44:07And go to your ethics training. I I know

44:10each and every one of you. I respect

44:11you, but to confront our public and our

44:14public to go what we're doing here. I'm

44:16sorry. We are not getting nothing done

44:20with this mattedness combiveness we got

44:22between each other. And I will be

44:24running in 28. And guys, God bless

44:27everybody here. And thank you. Have a

44:29good day.

44:33[applause]

44:39>> Okay. Joseph JRose.

44:46>> Sir, did I pronounce that correctly?

44:48>> Surprising.

44:49>> Oh, thank you.

44:57Good evening, commissioners and members

44:59of the community. My name is Joseph

45:00JRose. I'm a resident of Davidson County

45:03and a registered nurse of 14 years. I

45:06spend my days working in cardio

45:08cardiovascular and pulmonary

45:10rehabilitation at Moses Cone Hospital.

45:12Every single day I help our neighbors

45:15recover from heart attacks, strokes,

45:18manage severe COPD, and literally fight

45:21for their next breath. Because of my

45:23clinical background, I look at the

45:25proposed DavyDavidson energy complex not

45:29just through the lens of utility bills,

45:31but through the lens of human survival.

45:34We are told this multibillion dollar

45:36buildout is necessary for progress. But

45:39let's be honest about the true driver,

45:41the insatiable 247 power demand of

45:44hypers scale data centers, which

45:47represent up to 85% of Duke's projected

45:50energy growth. Duke is tearing up our

45:54geography and building fossil fuel

45:56plants right in our backyard, precisely

45:58to feed these tech giants. As a

46:01cardiovascular pulmonary nurse, I must

46:03warn you about the literal heartbreak

46:06this infrastructure will bring. Burning

46:09natural gas and constant venting floods

46:12our airhed with volatile organic

46:15compounds, nitrogen oxides, and fine

46:17particulate matter, PM2.5.

46:20These are not just environmental

46:22buzzwords.

46:25They are biological weapons.

46:28PM2.5 bypasses the lungs and enters the

46:31bloodstream. It causes systemic vascular

46:34inflammation, accelerates arterial

46:36plaque instability, and directly

46:39triggers acute mioardial infuctions and

46:42strokes. It is financially irresponsible

46:45to facilitate a project that will not

46:48pay for the health care bills it will

46:50cause our county. Fortunately, we do not

46:53have to accept the public health crisis

46:55to grow our economy. We can generate

46:57identical long-term GDP and local

47:00construction jobs by pivoting to a

47:02distributed clean energy utility scale

47:05solar paired with battery storage. This

47:08approach provides substantial long-term

47:10county tax revenue and a thriving self-

47:12sustaining financial ecosystem to fund

47:15our schools and emergency services

47:17without consuming 600,000 gallons of

47:20water a day from the Yaken River. To

47:23build this alternative future, we need

47:25time and that requires an immediate

47:27formal data center moratorum. Look at

47:30our neighbors. Charlotte and Surrey

47:31County didn't rush blindly into the arms

47:34of big tech. They implemented successful

47:36moratoria specifically to study these

47:39exact impacts on the utility grids,

47:41water tables, and public safety. A new

47:43role of survival is emerging in North

47:46Carolina. The the counties that rush to

47:48adopt data centers early are simply

47:51volunteering to become the sick study

47:54subjects for the smarter patient

47:57counties that are pausing to observe the

48:00damage. Don't let Davidson County become

48:03a corporate guinea pig.

48:04>> Three minutes, sir.

48:05>> Let's choose a future that protects our

48:07wallets, lungs, and hearts. Let's pass

48:09this moratorum, protect our rateayers,

48:12and ensure our survival. Thank you.

48:15[applause]

48:26Gregory Malls. [clears throat]

48:37Good evening, commissioners.

48:40Let me preface or preface, excuse me,

48:42preface this with my credentials. I hold

48:45two relevant master's degrees, a

48:47master's of business administration,

48:48more commonly known as an MBA, and a

48:50master's of informatics. Professionally,

48:52I have worked as an intelligence analyst

48:54contracting with the Department of

48:55Defense and many of the tech giants,

48:57specifically focusing upon identifying

49:00disinformation campaigns. Firstly, I

49:03would like to thank Commissioner Shell

49:04for your statement last month that you

49:06wish we would all shut up.

49:09I'm sure it was very comfortable for you

49:11to let your masks slip for just a moment

49:13and use the police to silence descent.

49:16But while I know many of would be happy

49:19to turn our country into Iran or Russia,

49:22for the moment at least, this is still

49:24America where regardless of your wishes,

49:26we have the right to speak and you have

49:29a duty to listen to your constituents.

49:31And your constituents will not shut up.

49:34Whether you want us to or not, we will

49:36continue to fight for the future of our

49:38children. Speaking of children, during

49:40the last debate on the subject,

49:42Commissioner Yates stated that our

49:44children would benefit from constructing

49:47these data centers. He seems to have

49:49forgotten that unlike himself, not every

49:51child inherited a construction company.

49:54He then conveniently forgets to recuse

49:57himself from voting upon issues that

49:59increase the demand for construction.

50:00despite his blatant conflict of interest

50:03in matters like building data centers.

50:05And furthermore, I'm confident that he

50:07will once again forget to recuse himself

50:09on November 9th when he votes to build

50:12the experimental methane processing

50:14plant to power yet more data centers. At

50:17this same meeting, Commissioner Watford

50:20said that there was a lot of

50:21misinformation surrounding data centers.

50:23She said this while ignoring the many

50:25engineers and other experts who arrived

50:28or to speak against data centers and she

50:31instead justified her own support for

50:33data centers with hearsay and rumor. As

50:36a professional disinformation analyst,

50:38she's right. Data centers and AI have

50:40been the subject of staggeringly massive

50:43disinformation campaign. Turn on any

50:45financial news network and AI is all

50:48they talk about while they breathlessly

50:50swallow the words from any executive who

50:52speaks of its wonders, desperately

50:54trying to convince investors that it's

50:56not a bubble. Tens of billions of

50:58dollars are being poured into convincing

51:00consumers that they need these

51:02constantly lying autocompletes in every

51:05facet of our lives to do all our

51:07thinking until our brains rot. The tech

51:11billionaires rapturously speak of

51:13humanity as just a transitional species

51:15to go extinct and be replaced by our or

51:18by their glorious new army of enslaved

51:21robot gods. That's why Anthropic says

51:24that no one should be able to stop their

51:27new AI unless it's going to clearly kill

51:30more than 50 people at once because

51:33human lives don't matter to them. And

51:35that attitude is shared by many in

51:37power. The head of the US federal

51:40government himself has declared that we

51:42are to now refer to AI only as super

51:45intelligence and that anyone who refuses

51:48to accept these machines as our

51:51superiors is and I quote the enemy.

51:55Well, if that is how they want to draw

51:57the battle lines, then I accept they are

52:00the enemies of all of humanity. They

52:02want us all to drown in AI slop and

52:05choke on poisoned air while they replace

52:07us all with machine sha slaves. We will

52:10not shut up. We will not or bow to no

52:13machine and we will fight for our

52:15children's future so long as there is

52:17breath in our body. Which side are you

52:20on?

52:20>> Three minutes. Three minutes. [applause]

52:23Three minutes ago.

52:29>> [applause]

52:33>> Go ahead.

52:34>> Yes, go ahead. But I was just going to

52:36say um let's go back to the beginning.

52:39We're having a we're trying to have a

52:41discussion. We're trying to share our

52:43ideas with each other. Okay? Some of us

52:47don't have the same ideas as others. So,

52:49let's move on. Okay? And let's listen to

52:53each other instead of making fun of each

52:55other. Okay? Madam Chair,

52:57>> I got one thing to say.

52:59>> I do too. Let me say this first. For the

53:01guy with two master's degrees,

53:03>> I don't know where he done his research,

53:06but I hadn't inherited my construction

53:08company. I built it from the ground up.

53:10So, that kind of to me

53:13says I don't know where he got his got

53:16his information for the rest of his

53:18stuff during the speech. So, anyhow,

53:20thank you very much.

53:21>> Well, correct your website. And one

53:25thing, and I think the young lady there

53:27can vouch for this. I didn't tell

53:29everybody to shut up. Like you said, you

53:32misqued. You make you told a lie. What?

53:35What? I ain't talking to you. You had

53:37your time.

53:39>> Let me have mine. Okay.

53:42And I immediately apologized to you,

53:44didn't I, ma'am? And open meeting. It's

53:47on It's on the video.

53:49>> Okay.

53:49>> And so, but I didn't tell everybody to

53:51shut up. Let's just stop for a minute.

53:55>> We're going to have Let's roll on. Let's

53:56roll.

53:56>> We're going to have a a a little time of

53:59silence until we get to a place where

54:02we're acting like we do live in the

54:04country together and h and how fortunate

54:08we are.

54:12Think about that for a minute. Not not

54:14lecturing you. I'm just asking. We need

54:17to move this meeting along. Okay.

54:20All right, Janine. Thank you.

54:31>> Democracy is not a shareholder meeting.

54:34Good evening.

54:37>> Tonight, I'd like to discuss something

54:39that apparently needs little little

54:41clarification. The relationship between

54:44elected officials and the citizens who

54:46put them in office.

54:48I've heard some rather interesting

54:50comments lately concerning how much

54:51property tax certain citizens pay, as

54:54though the size of someone's tax bill

54:57somehow determines the value of their

54:59opinion.

55:00Well, that's certainly an interesting

55:02interception of representative

55:04government. Perhaps I missed the part of

55:06the Constitution where freedom of speech

55:08comes from a property tax assessment.

55:11Do we now need to bring our tax bills to

55:13these meetings? Should we staple them to

55:16the public address form? Perhaps the

55:18county could offer preferred seating

55:20based on assessed property value.

55:22After all, nothing says democracy quite

55:25like a VIP section for the highest

55:27taxpayers.

55:28But seriously, commissioners, there's a

55:30word for a system where wealth

55:32determines political influence. It's

55:34called putoaucracy. And last time I

55:37checked, Davidson County was supposed to

55:39operate as a representative democracy. A

55:42citizen who rents a modest apartment has

55:44every bit as much right to question the

55:46board as someone who owns a thousand

55:48acres. Their voice is not worth less.

55:51Their concerns are not less legitimate

55:53and their dignity is certainly not

55:55negotiable. I've noticed I've also

55:58noticed something else troubling in

55:59recent meetings. Some commissioners

56:01seems to have developed an extraordinary

56:04sensitivity to criticism. Now, I

56:06understand that being questioned

56:07publicly may not always be comfortable,

56:09but surely when you ran for office,

56:11someone explained that the job involved

56:13answering to the public. You volunteered

56:16for public service. You were not

56:17appointed to a royal court. And there's

56:20an important distinction between

56:21commanding respect and earning it.

56:24>> A title may give you authority to

56:25conduct a meeting. It does not

56:27automatically give you the wisdom,

56:29courtesy, or judgment that makes people

56:31respect your leadership. When a citizen

56:34raises a difficult question, the

56:36appropriate response is an answer, not a

56:39lecture about their place in the

56:40political pecking order. And when

56:42citizens disagree with you, that doesn't

56:44make them troublemakers. It makes them

56:46participants in democracy. You may find

56:49your our questions inconvenient. You may

56:51dislike our criticism. You may even wish

56:54we'd stop showing up.

56:58Sorry, I lost my place.

57:02But the public comment period is not a

57:05customer satisfaction survey where only

57:07five-star reviews are welcome.

57:09Accountability is not insubordination.

57:12Commissioners, you have every right to

57:14disagree with the people standing at

57:16this podium, but the standard of respect

57:18should apply in both directions.

57:22So perhaps before the next meeting,

57:24instead of reviewing everyone's property

57:26tax assessments, we could review

57:28something far more relevant. the meaning

57:30of the words public servant because the

57:33size of a citizen's bank account does

57:36not determine the value of their voice

57:38and the title of a commissioner does not

57:40place anyone above the people they

57:42represent

57:43>> here [applause]

57:51>> Gary Ori

57:59>> [laughter]

58:03>> We've had a bunch of passionate people

58:05here tonight, which is nice to see for a

58:07change. Um, you guys shouldn't get

58:10offended by their passion. Their passion

58:11is is trying to wake people up. It's

58:14trying to, you know, it's like Paul

58:16River telling people that the British

58:17are coming. Well, in some cases, the

58:19British already landed here. We're just

58:21trying to mitigate it before it gets too

58:24out of control. We do not trust Duke

58:26Energy. We do not trust AI. We're having

58:30a hard time trusting you people.

58:33Duke

58:34Duke will tell you anything they need to

58:36tell you just to become richer and more

58:38powerful. We have no more organizations

58:41in this country to protect the innocent,

58:43to protect the environment, to pro

58:45protect the air and the water quality.

58:48Those all those systems have failed.

58:50It's basically up to you guys to do

58:52something. But we know you guys take

58:54your orders from Raleigh and and you do

58:57whatever Raleigh says. You bend the knee

58:58whenever Raleigh tells you to. Same

59:00thing like with the planning board

59:01commissioners. They they bend the knee

59:03to you guys whatever you tell them to

59:05because their jobs depend on you people

59:07appointing them their jobs. So the whole

59:09thing is kind of basically disgusting,

59:12corrupt, and just dishonest. It's when

59:14the people come out. You have you have

59:17nurse Joe come out here and tell you

59:19about all the hardships that this thing

59:21is going to cause and all people see is

59:23dollar signs. They think that AI data

59:26centers are going to be the answer to

59:27everyone's prayer. They're going to give

59:29us tons of money. They're going to do

59:31this, do that, the other thing. But

59:32they're going to destroy more than

59:34they're going to produce. And that's

59:36what you people have to take into

59:37consideration. This is a very lopsided

59:40debate. Duke is here for the profit. We

59:43are here as your constituents, as your

59:45neighbors. We'd just like to breathe

59:46fresh, clean air and drink clean water.

59:49You guys apparently don't really care

59:50too much about that because you see

59:52dollar signs. And dollar signs will

59:54always win over environmental issues if

59:57you don't take time to do your research,

1:00:00to take time and listen to

1:00:01environmentalists, listen to people who

1:00:04know the problems that are ahead. Not

1:00:07everything is golden with these data

1:00:09centers. They're going to be obsolete.

1:00:10Like the other gentleman said, the

1:00:11engineer gentleman said, the chips are

1:00:14the chips become obsolete in three

1:00:15years. It's going to take Duke 5 years

1:00:17to build this data center on the Yatkin

1:00:20River, our drinking water. So if you

1:00:21greenlight it today, 5 years from now,

1:00:24we'll have a pollutant that will last a

1:00:27thousand years, destroy this whole

1:00:29county, but that's okay because somebody

1:00:31made money. And the ones who made money

1:00:33are Duke. Okay? So, we got to stop

1:00:36fighting for for billionaires and for

1:00:38the billion-dollar corporations. We need

1:00:40to stop fighting for our hometown and

1:00:43our on our constituents that live here

1:00:45and our neighbors because that's what

1:00:47it's all about. All these young people

1:00:49that are here today, if they got off

1:00:51their phones and really paid attention,

1:00:53they'd be we'd be we'd be having

1:00:55[clears throat] what's going on in

1:00:56France, we'd be having that now,

1:00:58especially because the way the school

1:01:00systems have been faulted and been

1:01:01robbed and been cheated, you know, and

1:01:03everything is going to fruitless things

1:01:06like like water parks and all kinds of

1:01:08nonsense.

1:01:09>> So, let's put a moratorum on this thing.

1:01:12All we want is clean air for the future.

1:01:15Thank you. [applause]

1:01:21>> [applause]

1:01:22>> Sarah, I believe it's

1:01:24>> Wesler.

1:01:26Thank you.

1:01:33>> Okay. My name is Sarah Wesler. I'm

1:01:36visiting from Davy County. On October

1:01:3920th, I watched in horror as the

1:01:41planning board fell for Duke Energy and

1:01:43Piedmont's gaslighting presentation. We

1:01:46heard there were zero incidents at their

1:01:48facility and they also said that if

1:01:50their liqufied natural gas were to leave

1:01:52the tank, don't worry because it doesn't

1:01:54go into the ground. So, let's break this

1:01:56down because when someone is trying to

1:01:58manipulate you, it's important to think

1:02:00about what they're saying, but also what

1:02:02they're not saying. Zero incidents means

1:02:04there could be plenty of third-party

1:02:07incidents, but Pedmont didn't need to

1:02:09talk about those because they specified

1:02:11at their facility. And then there was

1:02:13reassurance that the gas can't get

1:02:15absorbed into the ground. Einstein says

1:02:17things can't be created or destroyed. So

1:02:19if it doesn't go into the ground, where

1:02:21is it going? Our air, our water. And

1:02:24also LNG can turn into a vapor gas cloud

1:02:27that is flammable. But it's so strange

1:02:29because they did not mention that in

1:02:31their six-hour presentation.

1:02:34Now, let's talk about the planning

1:02:35board's purpose, which was to look at

1:02:37the zoning request to go from

1:02:39residential agriculture into heavy

1:02:41industrial and compare it against the

1:02:43growth plan. Piedmont's lawyer told the

1:02:45planning board, "That's a reasonable

1:02:47request." And I think that's garbage.

1:02:50North Carolina Supreme Court stated that

1:02:52reszoning of an old parcel in an old and

1:02:54wellestablished residential district to

1:02:56a commercial or industrial district

1:02:59would clearly be objectionable and the

1:03:02detriment to the community outweighs any

1:03:04alleged benefits. Maybe the planning

1:03:07board should have delayed the vote

1:03:08instead of dragging it out until 12:30.

1:03:10All to determine that because a pipeline

1:03:12is nearby, that's a good enough reason

1:03:14to find a way to say yes. But the great

1:03:17news is that you all are the final

1:03:19decision makers. You are smarter and you

1:03:21are not going to fall for the nonsense.

1:03:24Duke and Piedmont think our counties are

1:03:26dumb. They underestimate your ability to

1:03:29think critically. My aunt is a stripper.

1:03:32So does that mean that I can open up a

1:03:34strip club right in the middle of a

1:03:35residential district because that's more

1:03:37convenient for me? And also sunlight

1:03:41Well, hold on. Don't distract me. Sorry.

1:03:43Um, and sunlight hits my property and I

1:03:46really need to cut down on my Duke

1:03:48energy power bill. So, I assume that you

1:03:50can also approve a solar farm right next

1:03:52to my strip club. If you approve Duke

1:03:55and Pedmont's project on RA land, you

1:03:58might as well make the entire county a

1:04:00free-for-all. Remember the difference

1:04:02between the stakes for this corporation

1:04:04and the people who live here. Duke

1:04:06Energy is a multi-billion dollar

1:04:08company. If it cannot get what it wants

1:04:10here, it can just move on to another

1:04:12location. The residents cannot move on.

1:04:15This is their home, their investment,

1:04:16their health, and their quality of life.

1:04:19You are the line of defense. Do not let

1:04:21a powerful corporation convince you that

1:04:24accommodating its interests is more

1:04:26important than fulfilling your

1:04:27responsibilities to the people you

1:04:29serve. Know your authority, apply the

1:04:32law, and have the courage to say no. The

1:04:34question is not how to find a way to say

1:04:36yes to Duke. That's where the planning

1:04:38board went wrong. The question is

1:04:39whether this project belongs here in the

1:04:41first place. Please remember

1:04:44>> Duke can walk away. The residents have

1:04:46to live with your decision. Please

1:04:48consider this on November 9th. Thank

1:04:50you.

1:04:53[applause]

1:04:58>> [applause]

1:05:00>> Kimberly Titlebomb.

1:05:13>> I'm slow, but I'm worth it. I promise

1:05:15you. She really is.

1:05:19I am Kimberly Titlebomb and I am

1:05:23speaking about the moratorum. Uh but I'm

1:05:26going to go at it from a slightly

1:05:27different area, a different direction.

1:05:30Um

1:05:32I spent most of my adult life working in

1:05:35higher education

1:05:37and I respect research a lot and that's

1:05:41one reason why I think we really need to

1:05:43have a moratorum. I'm not sure four

1:05:45months is enough, but we do we

1:05:49definitely need it because these are big

1:05:52important decisions. And once they are

1:05:54made, long after we're gone, our

1:05:57descendants are going to have to live

1:05:58with the results of them. And some of

1:06:00those results can be pretty darn nasty.

1:06:04We deserve

1:06:06not to be, as the gentleman said,

1:06:08worried too much about the dollar signs

1:06:11right now. Although that is a concern, I

1:06:14concede that point. But we need to be

1:06:16worried about what's our kids are going

1:06:18to be breathing, what they're going to

1:06:20be drinking, what's going to be

1:06:22happening downstream, because these are

1:06:25things that can last for decades or

1:06:28longer. I'd like to draw your attention

1:06:31to, as I mentioned to Matt a little

1:06:33while ago, there's an interesting

1:06:35article, a study that was published by

1:06:38Georgia Tech, the Business and Economic

1:06:41Development Center. It's uh titled Data

1:06:44Centers Are Booming, but who really

1:06:46benefits? I'd like to encourage you to

1:06:50read that and then go visit some of

1:06:53these areas that have already had data

1:06:56centers and [clears throat]

1:06:59I'm not I'm not wild about them, but as

1:07:01the gentleman said, if they're going to

1:07:03come, let's put the brakes on until we

1:07:06can make sure we feel good about the ga

1:07:10the guidelines and the safety rails. And

1:07:13this article outlines a lot of them. I'm

1:07:16not going to go into it a lot. I really

1:07:18hope you all read the article and go

1:07:22visit some of these places. You may have

1:07:24be aware what happened in the last

1:07:25couple of weeks in the once in Sterling,

1:07:28Virginia just up the road when there was

1:07:31a power outage. You know what what we're

1:07:34talking about? There was a power outage

1:07:36due to I believe the uh the northeaster

1:07:39that had and they had to run those

1:07:42auxiliary generators for 36 straight

1:07:45hours. The air quality was so bad, the

1:07:49hospitals were swamped with people with

1:07:52breathing issues afterwards,

1:07:55for days afterwards, not just for a

1:07:57little while. That's what's going to

1:07:59happen. And we're talking not just in

1:08:01the mile around the facility. We're

1:08:03talking about five and 10 miles away the

1:08:05air quality was affected. We need to

1:08:09know this information. There's places

1:08:11down in Georgia, I think one between

1:08:13Athens and Atlanta where they put the

1:08:16data center in, they promised it wasn't

1:08:18going to really affect the water. People

1:08:20who have bought houses down there can't

1:08:22flush their toilets three days out of

1:08:24the week.

1:08:24>> Three minutes, ma'am.

1:08:25>> Thank you. Uh, so I just want to I want

1:08:28to ask for prudency. Let's have the

1:08:31moratorum. Let's do our research. Thank

1:08:34you for your time and your attention.

1:08:36>> Thank you. [applause]

1:08:44Okay, that that completes the public

1:08:47address. So, we'll move on to item

1:08:50number eight. Um,

1:08:58>> Kimberly Tedal is the last one on the

1:09:01list.

1:09:03stove up to

1:09:04>> Oh, again, Phil,

1:09:08>> thank you for correcting me. Thank you,

1:09:10Phil. I'm sorry.

1:09:15>> I think Well, I gave a little bit of

1:09:17leeway because

1:09:18>> lady chair and commissioners, thank you

1:09:20for interaction between

1:09:22I have to speak.

1:09:23>> Excuse me. Let's Sir, hold on just a

1:09:26second. The audience wants some time, I

1:09:29think.

1:09:30He has a point. That's our rules. So,

1:09:33>> but since there was conversation here

1:09:35and with the attorney

1:09:36>> and with the attorney and I I agree with

1:09:39you.

1:09:39>> Can we address that as a board?

1:09:41>> This wasn't a normal

1:09:42>> more. My feeling is he's the last

1:09:44speaker.

1:09:45>> Okay. Let's move on. Okay. All right.

1:09:47Let's move on.

1:09:48>> Thank you very much. Yesterday during

1:09:50the worship service at the church my

1:09:53wife and I attend, uh the hymn was sung,

1:09:56this is my father's world. Uh the last

1:09:59two lines of the second verse really

1:10:02rang a bell with me. It says, "He trusts

1:10:06us with his world to keep it clean and

1:10:09fair. All earth and trees, all skies and

1:10:13seas, all creatures everywhere." That

1:10:16really speaks to what is being

1:10:18considered for this reasonzoning issue

1:10:20that that will be addressed on November

1:10:23the 9th.

1:10:24uh this committee on that date will vote

1:10:27on reszoning a beautiful rural

1:10:29agricultural piece of this county that

1:10:32borders the Yadken River. However, there

1:10:36are many unanswered questions that

1:10:39should be uh answered before such a vote

1:10:43that would change the zoning to heavy

1:10:46industrial from rural agricultural. To

1:10:49name just a few,

1:10:51uh I'll go quickly here.

1:10:54Giles Road. Giles Road. I don't know if

1:10:56you've traveled Giles Road, but it's a

1:10:58narrow road. School buses, tractors, and

1:11:02we who live out in that area have to

1:11:04travel it. What's going to happen to

1:11:06that that road with all of this hundreds

1:11:08of construction vehicles daily traveling

1:11:12that road and all of the feeder roads

1:11:14that that uh feed Giles Road. All right.

1:11:17Number two, details about the air

1:11:20pollution from both the Davidson site

1:11:23and the Davyy site due to the westerly

1:11:26prevailing winds that come across and

1:11:29will affect all of Davidson County.

1:11:32What what's the uh carbon plan?

1:11:36Number three, the potential effect on

1:11:38the domestic water wells. Yes, not all

1:11:41of us are serviced by Davidson water. We

1:11:45have wells out there. What's the effect

1:11:48when the when Duke Energy tunnels 100 to

1:11:51200 feet below the Aken River and uh

1:11:54penetrates the different aquifers?

1:11:56What's going what what's going to uh

1:11:59affect our water? Okay. Number four, the

1:12:03Yaken River. What's the daily volume of

1:12:06water taken from the river? Now, there

1:12:08are two plants. It was mentioned earlier

1:12:10that was 600,000 gallons, but it's

1:12:14600,000 gallons per plant.

1:12:16What's the temperature that goes back

1:12:19into the river after that it's used to

1:12:22cool? What's the temperature in the

1:12:24wintertime? What's the temperature in

1:12:26the summertime? And particularly, what's

1:12:28the temperature when the uh we're in a

1:12:30drought situation? It's going to be a a

1:12:33big part of that water volume. What's

1:12:36the effect of the aquatic life uh by

1:12:39season and by uh during the uh the

1:12:42drought? As I mentioned, open with a

1:12:44religious hymn. I close with a couple of

1:12:47lines from a song by Joanie Mitchell.

1:12:51Uh it's uh the the song is titled I'll

1:12:55be real quick. Uh Big Yellow Taxi. Don't

1:12:59it always seem to go that you don't know

1:13:01what you've lost till it's gone? They

1:13:04take paradise and they put up a parking

1:13:06lot. They take paradise and they put up

1:13:09a parking lot. That's an example of what

1:13:11is going to happen in Western Davidson

1:13:13County. Thank you for your time. I

1:13:15appreciate your attention and the

1:13:17opportunity. [applause]

1:13:24All right. I think we and I do apologize

1:13:28for all of you that get so upset with me

1:13:30over that. It's not done on purpose. I

1:13:34assure you. Item number eight, um, items

1:13:37for decision and information. This is

1:13:39for the consent agenda. Um

1:13:43um are there any items to be removed

1:13:45from the consent agenda for discussion?

1:13:48>> Yes, madam chair. I'd like to remove 8F.

1:13:51>> 8 F. Okay.

1:13:55The proclamation for a

1:13:57>> No. No.

1:13:58>> 8F is the

1:14:00>> G. Are you

1:14:01>> ABC board?

1:14:03>> Which one is it?

1:14:04>> ABC board.

1:14:06>> Request.

1:14:07>> What number is that? says F on the

1:14:09>> it's got on on why it's got F.

1:14:11>> Yeah.

1:14:13>> E, I believe.

1:14:14>> Is it a E?

1:14:16>> Okay. ABC board. Okay.

1:14:18>> On the paper, it's E on the

1:14:19>> ABC board request to increase its

1:14:21capital improvement fund.

1:14:23>> Yeah.

1:14:23>> Did you want to ask any questions or

1:14:26have a discussion?

1:14:27>> Yes.

1:14:28>> Okay.

1:14:29>> Uh, who's here from the ABC board?

1:14:35>> I don't think there is anybody. Yeah,

1:14:37there's two of them.

1:14:38>> And he couldn't get. Hi, I'm Lori Beck

1:14:41Clement. I have Sher Pott with me.

1:14:44>> Okay. Uh, what is it you're actually

1:14:47wanting to do?

1:14:48>> Okay. So, basically at the end of the

1:14:50year, profits are allocated to our

1:14:53capital improvement funds. We've been in

1:14:55business for seven years. The capital

1:14:58improvement started at zero. Your board

1:15:01approved back many years ago that we

1:15:03could add up to 500,000 a year to this

1:15:08um capital improvement fund and it would

1:15:10cap out at 2.5. These are money set

1:15:14aside for us to build new locations so

1:15:17that we can kind of bank a little bit of

1:15:19money so that we do not have to borrow

1:15:22the entire amount to put um a new

1:15:26location together. And I also I think

1:15:28you had in your packet was kind of like

1:15:30a projection that we had done

1:15:32>> for the two locations that we were

1:15:34looking at. And you know, Denton's going

1:15:36to run 2.5 approximately and Wahberg

1:15:40with the extra cost and the size

1:15:42probably about a 4.3.

1:15:45>> Okay. Uh so what you're wanting to take

1:15:51your profits and put it into a fund,

1:15:54>> correct?

1:15:54>> Is that what you're saying? What are you

1:15:56doing? What are you doing with the

1:15:57profits now?

1:15:58>> They're going into that capital

1:15:59improvement fund at a max of 500,000 a

1:16:02year.

1:16:04>> Okay.

1:16:05>> And so we're just asking to increase

1:16:07that balance, the distributions to the

1:16:09county, the education, the law

1:16:11enforcement, all that will remain the

1:16:13same. We're just wanting to build a

1:16:16little bit more of a kitty, per se, so

1:16:18that we have that funds and we don't

1:16:20have to go borrow based on the fact that

1:16:22interest rates have gone up so much in

1:16:24the past couple years.

1:16:25>> Yeah. Well,

1:16:28I

1:16:29just from my perspective, I don't want

1:16:32to see any more built.

1:16:35I don't want to see any other uh ABC

1:16:37stores built. I I ask to uh deny that. I

1:16:44make a motion to second.

1:16:51Is is is this an appropriate time for a

1:16:55motion and a and a vote on this?

1:16:58>> This would just be for this one item.

1:16:59>> Just for this one item.

1:17:00>> One item. Yes, ma.

1:17:01>> So, this has been pulled. I mean, you're

1:17:03addressing it like like it's on

1:17:05deliberation. It's

1:17:05>> not like it's on deliberation. Okay. So,

1:17:07I have a motion in a second. Any more

1:17:10discussion or

1:17:12>> I would just say just to add I know

1:17:14we've already got ones here. They're not

1:17:16going away. But I can speak for the

1:17:18Wahberg community. I represent the

1:17:21northern end of the county. Well, the

1:17:22whole county, but basically I live in

1:17:24the north end. And there's a lot of

1:17:26folks up there that don't want anymore.

1:17:27They didn't want them to begin with. And

1:17:30um as a deputy and working in law

1:17:33enforcement and working in the court

1:17:35system, I see the havoc that available

1:17:39excessive alcohol availability does to

1:17:42the citizens of this county. Um, you've

1:17:45got domestic violence, DWIS. I see it

1:17:49day in and day out. I bring I bring

1:17:50people that are incarcerated to and from

1:17:52court every day as a result of this

1:17:55stuff. And I see the havoc and the

1:17:57damage this the the hidden cost. I mean,

1:17:59yeah, I know there's certain people that

1:18:01may may profit off of this, but the

1:18:03hidden cost you can't compute in terms

1:18:06of that extra law enforcement that's

1:18:07needed to combat this stuff. And I just

1:18:09um that's why I have to second his

1:18:12motion.

1:18:13>> I like to ask Commissioner,

1:18:17what what is the increase in DWI since

1:18:20this store opened?

1:18:21>> I'm not saying in totality. I just see

1:18:24it on a weekly basis.

1:18:26>> What is the increase in DWI since this

1:18:29store opened? I've not I've not

1:18:31[clears throat] calculated that, but I'm

1:18:32just saying with it being more

1:18:34accessible

1:18:36right here where we're at and I just

1:18:38know.

1:18:38>> So, you think it's okay for them to

1:18:40cross the county line and get at that

1:18:42ABC store?

1:18:43>> I'm not in favor of it either way, but

1:18:45the more the more

1:18:46>> I don't drink at all. I don't drink at

1:18:48all, but [snorts]

1:18:50>> the more accessible it is, I just

1:18:51>> But I'm just saying you got to have a

1:18:52reason to just It can't just be Well, it

1:18:56can be just based on your faith. And I

1:18:58and I respect that,

1:19:00>> right?

1:19:00>> Yeah.

1:19:01>> And I was torn with this myself, but I

1:19:04do know

1:19:06that uh

1:19:09God did put

1:19:14the the the tree in the Garden of Eden

1:19:17and he gave them the freedom to partake

1:19:20or not partake.

1:19:23And I don't think it's our place to

1:19:26overrule God and his right to give us

1:19:29individual liberties. I just don't I

1:19:32think that's a conflict.

1:19:34>> Right. Well,

1:19:35>> and I mean that's not just my personal

1:19:37feeling and I appreciate your feeling.

1:19:39>> I respect yours, but you know I read in

1:19:40the back it says woe be unto him that

1:19:42put alcohol to his neighbors neighbors

1:19:44lips. And I mean I'm just not going to

1:19:46be in a position to facilitate more of

1:19:48it being available because I'm I'm held

1:19:50accountable.

1:19:51>> Well, I can understand that. I can I can

1:19:53appreciate that, but I just I just

1:19:55wondered when you were making reference

1:19:57>> what the increase in the DWIS were

1:20:00because I hadn't seen it.

1:20:03>> U one one more thing I might ask that

1:20:06you rem tell us how much you have given

1:20:09to the schools uh out of the funds that

1:20:13have been raised because that is a you

1:20:16know that is a good thing that they that

1:20:18they do with the money.

1:20:20>> Yeah. Well, a lot of it is just

1:20:22education,

1:20:23not so much for the schools, but it's

1:20:26education for the abusers.

1:20:29>> Yeah.

1:20:29>> As they educate the abusers.

1:20:33>> They educate the abusers. I'm sorry. I I

1:20:37don't know how much goes to the schools

1:20:38themselves, but I know they take money

1:20:40out to educate the abusers of alcohol.

1:20:43>> Okay.

1:20:44>> You might want you might want to pull

1:20:45your mic down, too.

1:20:46>> Yeah. To pull pull it down. just remind

1:20:48us of that one more time because I think

1:20:50that's valuable information too.

1:20:52>> So since inception, since we have opened

1:20:54our store back in 2019, we have given

1:20:57329,000 to the schools for um alcohol

1:21:02education and drug education. Um 235,000

1:21:07to law enforcement and over 1.5 million

1:21:10into distributions to the county itself.

1:21:13And that does not include the sales tax

1:21:16that's coming back into the county.

1:21:17>> So where do those distributions go to?

1:21:20>> The distributions go to the county

1:21:22general fund.

1:21:23>> General fund.

1:21:24>> Yes,

1:21:24>> general fund.

1:21:25>> Okay. That's quite a bit of money.

1:21:27>> And then think about it.

1:21:28>> When the alcohol was voted in on the

1:21:30county, it won by a twothirds vote.

1:21:34>> So

1:21:36>> I think Matt's got something to say and

1:21:40>> appreciate the the perspective. I I make

1:21:42sure everybody can hear me. I saying I

1:21:44appreciate the perspective being

1:21:45offered. I my my interpretation is a

1:21:47little different which is uh I put a um

1:21:51priority on sort of individual

1:21:53responsibility and and choices. And

1:21:56maybe some of that is from my experience

1:21:59working in the tobacco industry way back

1:22:01when when we had to jump through all

1:22:04sorts of uh government regulations and

1:22:06restrictions. Um so I'm again I don't

1:22:10think we need to to impede it. I think

1:22:13there's got to be laws like you talked

1:22:15about in place, but

1:22:18that's that's all I had to say.

1:22:19>> So, we have a motion. We have a motion.

1:22:21>> I'm not through yet. So, we're still in

1:22:23discussion. And Steve, I'm like Steve

1:22:25and Matt here. I appreciate your

1:22:28viewpoint on it and your belief of it.

1:22:31And I don't have a problem with that

1:22:32part at all cuz you know that's what

1:22:34people's face all about and yours too,

1:22:36man. Um, but what we did do is put this

1:22:39on the ballot for the people to vote on

1:22:41it and the people overwhelmingly voted

1:22:44that they wanted alcohol sales in the

1:22:46county. So, you know, I'm I'm kind of

1:22:48one of those guys, too, that when the

1:22:50majority of the people vote on

1:22:52something, then on a legal product, then

1:22:56who are we to say no? Um, so

1:23:01I'm not going to probably support it.

1:23:03I can tell you that up front, but I just

1:23:05want to tell you I do respect your

1:23:06viewpoint. Okay? So, I want you to know

1:23:08that upfront and your your viewpoint may

1:23:11win tonight or or your motion. Okay? So,

1:23:14but if I vote against it, don't hold

1:23:16that against me because that's just not

1:23:18how we're supposed to do it here.

1:23:19>> Well, I think that's what we're I think

1:23:20that's important that we all should be

1:23:22able to

1:23:24>> to say say what be we believe. Uh and

1:23:28whether somebody wants to agree or

1:23:30disagree with it is up to them. and for

1:23:33us for us to accept,

1:23:35>> right?

1:23:36>> Yeah. I think I think one place that

1:23:40I've potentially failed before in uh my

1:23:44last eight years is looking at the uh

1:23:48looking at the money and you get caught

1:23:51up in what the money can do. And uh when

1:23:54you take a step back and you look at the

1:23:56ethics and the morality of it, it's not

1:23:59also if a drug dealer was giving money

1:24:02to the schools, I wouldn't want them to

1:24:04continue selling drugs to people in our

1:24:06county or anything like that. So I mean

1:24:09I I I'm not saying that this is anywhere

1:24:12close to that, but I'm just uh

1:24:16you know, I I think at some point in

1:24:18time we can agree to disagree and we all

1:24:20have our ethics and our backgrounds and

1:24:22our belief systems. We do.

1:24:23>> So, this is just one of those votes

1:24:25>> and and I can agree with that, Chris, as

1:24:28well.

1:24:29>> But I'm going to use that the same thing

1:24:30as I do weapons. It's not the alcohol

1:24:32that causes the problem. It's the

1:24:34person.

1:24:35>> Just like it's not the gun that that

1:24:36kills people, it's the person. So,

1:24:39right, but it's kind of my viewpoint on

1:24:41on that part of it. I understand that,

1:24:43but I don't want to be that stumbling

1:24:46>> uh for somebody else. I don't want to be

1:24:48a stumbling block for somebody else. And

1:24:51I feel like if if we have more access

1:24:55then I've contributed to that stumbling

1:24:57block.

1:24:58>> I can see where you'd say. So okay

1:25:00>> I'm done with my discussion

1:25:02>> if everybody has enough um has had

1:25:04enough time. We have a we have a motion

1:25:07>> for the motion please.

1:25:09>> Uh the motion is to deny the uh

1:25:15>> putting the increase to uh $3.5 million.

1:25:18>> All right. Okay. Um, we also have a

1:25:20second.

1:25:20>> Yes.

1:25:21>> Or a second. Um, all in favor say I.

1:25:25>> I.

1:25:27>> Those against? No.

1:25:29>> No.

1:25:33>> Do you need to poll us? Do you need to

1:25:35poll us, Debbie?

1:25:36>> I got it, ma'am.

1:25:36>> Okay.

1:25:37>> 43. Is that

1:25:38>> 43? Okay.

1:25:39>> So, the motion

1:25:41>> The motion

1:25:42>> fails.

1:25:42>> Fails.

1:25:43>> Fails.

1:25:44>> Fails. Okay. Thank [clears throat] you.

1:25:45Thank y'all ladies for being here and

1:25:47asking answering our questions.

1:25:50>> Thank you, Steve.

1:25:54>> I do, too.

1:25:57>> All right.

1:25:58>> Excuse I I think you need to if you want

1:26:00to adopt if you wanted to if you want to

1:26:03approve the item, you you need to vote

1:26:05on that.

1:26:06>> Okay.

1:26:06>> Lori, y'all might want to hang out. I

1:26:08think there's another another motion

1:26:09that might be

1:26:10>> so so we have a motion to adopt this new

1:26:14to to make sure that we adopt the

1:26:17additional monies to be

1:26:19>> approved the request.

1:26:20>> Yes, the request that you have asked of

1:26:23us.

1:26:23>> I'll make a motion to approve the

1:26:25request.

1:26:26>> Okay. Do I have a second?

1:26:28>> Second.

1:26:29>> All in favor say I.

1:26:30>> I.

1:26:32>> Any opposed?

1:26:33>> Opposed.

1:26:35Uh

1:26:35>> no. Okay. I think you got three nays.

1:26:38Yeah. Okay. [laughter] Okay. Now we'll

1:26:41move along to the next item.

1:26:47>> Okay. That that was if if you will uh

1:26:50refer to our approval of the consent

1:26:53agenda. We have the ability to take

1:26:55something off the consent agenda,

1:26:57discuss it, change it, whatever. um talk

1:27:02about it and and accept it, whatever. So

1:27:05that's what we did tonight um with with

1:27:08the

1:27:09>> 8

1:27:12E

1:27:13>> E

1:27:16which one

1:27:16>> it's a 8F on our computer

1:27:18>> on a computer and it's E on our papers.

1:27:21>> How you voted though?

1:27:23>> The the vote was four to three in both

1:27:26cases. approved them tonight to approve

1:27:28>> approve approve the the sharing of the

1:27:31monies

1:27:34>> in increasing it. Yes.

1:27:36>> Okay. Now, I think we're ready for a

1:27:39motion and a second to approve uh the

1:27:41rest of the agenda.

1:27:44>> Don't we [clears throat] have to do

1:27:45that?

1:27:45>> Yes, ma'am.

1:27:47>> I'll make a motion to approve the

1:27:49>> the remainder of the agenda.

1:27:50>> And I have a second. All in favor say I.

1:27:53Thank you. All right.

1:27:55>> All right. So, let's see. Um,

1:27:58>> seven.

1:27:59>> Now, there's a couple of things on here.

1:28:00And just a real quick thing, I think I

1:28:02have someone here by with the family

1:28:05caregiver

1:28:06services. Debbie, do we have

1:28:09>> Yes, I know Tesha's here. And I think

1:28:11that Katherine is here, too.

1:28:12>> Katherine's here. Okay. Okay. So, I I

1:28:16want to share with you uh and take a

1:28:18picture with you. This is the

1:28:20proclamation of the National Family

1:28:22Caregivers Month recognition. So, would

1:28:24you like to say anything?

1:28:26>> Thank you so much. And um as a daughter

1:28:28of someone who had ALS, um I was her

1:28:31caregiver. I have a lot of respect for

1:28:33those who care for others and the the

1:28:35ones who are being given the care. So,

1:28:37thank you.

1:28:37>> Thank you. Debbie, want to take a

1:28:39picture? I sure will. It's a picture.

1:28:41Thank y'all for doing that.

1:28:43[clears throat]

1:28:45>> When these folks come and ask to to be

1:28:48here, we try to

1:28:52Oh god. Oh god.

1:28:58>> Stop coming up. I'm stop

1:29:02>> I land in

1:29:06two.

1:29:12And this is Catherine.

1:29:16>> Welcome.

1:29:18>> Thank you. Thank you. You hear that?

1:29:21>> Say what?

1:29:28[laughter]

1:29:30>> Let's give her a round of applause. Good

1:29:32[applause] job.

1:29:39>> And there's one more item on here where

1:29:41I saw um hospice because I've had a a

1:29:45lot of um I've been on the hospice

1:29:48board. I'm not on there at the moment,

1:29:51but hospice of Davidson County is now a

1:29:54palative care

1:29:56um group as well. So, I'm just wanted to

1:30:00recognize them because they're they're

1:30:02growing and changing and doing more good

1:30:05work. Um [snorts]

1:30:07>> thank y'all.

1:30:08>> Commissioner, um when was your update on

1:30:11the flock cameras? When are we going to

1:30:12do that?

1:30:13>> Right now. Right now.

1:30:14>> Okay. All right.

1:30:16>> Okay. Item number nine, Mr. Jones, I

1:30:19believe, is going to lead this.

1:30:20>> Sure. This is a very short update. Um

1:30:23the at the last meeting, um we announced

1:30:26that the Flock camera system had been

1:30:29deactivated, turned off by Flock at our

1:30:31request. Um the contract has been

1:30:34terminated. The official termination

1:30:37date was October 23rd. Um at the last

1:30:40meeting we also uh the board also voted

1:30:43to cover the cameras and um thanks to uh

1:30:50the manager and to county staff that was

1:30:54that was completed. Um I had gotten you

1:30:59know a promise from Flock that they

1:31:01would provide a a firm date for the in

1:31:05the deinstallation of all the cameras.

1:31:08Um, I have yet to get that and I the LA

1:31:10I checked with them as recently as today

1:31:12and I have not gotten a response, but I

1:31:15will keep you all informed um for when

1:31:18they will actually be uninstalled. But

1:31:21for now, they're shut off and um as far

1:31:24as we know, they're all they've all been

1:31:26covered per this board's request.

1:31:29>> Thank you.

1:31:30>> Thank you all.

1:31:31>> Yeah.

1:31:31>> Okay. Thank you.

1:31:34[applause]

1:31:36Okay, we're ready to move on to public

1:31:38hearing. We have a reasonzoning request

1:31:40and Miss Mr. Crook's going to come

1:31:42forward and we're going to get started

1:31:44with Mr. Hedrickk's um request.

1:31:48We'll just pause for a moment.

1:32:05>> All right, Mr. Chair.

1:32:06>> Okay, we have a re reszoning request by

1:32:09Mr. Hedrickk William L. Hedrickk in

1:32:11Lexington Township and I'll turn it over

1:32:14to you.

1:32:15>> Thank you. Um, first item on the

1:32:18resoning, well, the only item on the

1:32:19resoning list tonight is a request by

1:32:21William L. Hedrickk to reszone property

1:32:23in Lexington Township, tax map 325, lot

1:32:2668, containing 17.94 acres, more or

1:32:29less. Said property is located on the

1:32:31east side of East Park Avenue on the

1:32:34northeast side of the intersection of

1:32:36East Park Avenue and Robert Everheart

1:32:38Road. Reszoning is requested to change

1:32:40from that of RA3 Royal Agricultural

1:32:42District to that of CZLI conditional

1:32:45zoning limited industrial district. If

1:32:48you would please divert your attention

1:32:49to the overhead. Um the property

1:32:52highlighted in yellow is the request

1:32:54tonight. Mr. Hedrickk uh successfully

1:32:58got property joining this reszoned about

1:33:02not quite a year ago. I think it was

1:33:04March maybe March uh not quite a year

1:33:06ago. I don't know the specific date, but

1:33:08he was successful. He operates his

1:33:11construction company and a layown yard

1:33:14with respect to some recycling that

1:33:15takes place there. He um he wishes to

1:33:19expand the facility onto this property

1:33:22that he's purchased. The um conditions

1:33:26for tonight with respect to this

1:33:28property would be operate heavy

1:33:30equipment business. Second one store

1:33:32materials related to the business. Third

1:33:34one, recycle earth debris. Fourth

1:33:37condition, work hours Monday through

1:33:39Friday 7:00 a.m. to 6:00 p p.m.

1:33:41Saturdays 7:00 a.m. to 100 p.m.

1:33:45Next condition is screened fencing uh

1:33:47screened fence for [clears throat]

1:33:49privacy. The next condition, install two

1:33:52security lights, one on each end of the

1:33:54property shining on the proposed shop

1:33:56and parking area. Then the ne the next

1:34:00condition applicant will apply for and

1:34:02receive a a DOT driveway permit for the

1:34:04proposed site. Um the planning board

1:34:08heard this item on 106 October 6th and

1:34:11they wanted to add a 20ft vegetative

1:34:14buffer uh along the eastern property

1:34:17line which would be right through here

1:34:18since it does have some residential

1:34:20properties fair in fairly close

1:34:22proximity wanted to do and Mr. Hedrickk

1:34:24did agree to that during the uh during

1:34:27[clears throat] the that process. So

1:34:28that that in the form the applications

1:34:31come before you tonight. That's the

1:34:33those are the conditions as proposed.

1:34:35Mr. Hedrickk I think is in the office.

1:34:37I'd like to invite him forward to

1:34:39elaborate a little bit more on his

1:34:41request and I'll yield the floor to him.

1:34:44>> And I'll declare the public hearing

1:34:45open. Um thank you Mr. Hedrick.

1:34:48>> Thank you. [clears throat]

1:34:48>> Good to see you.

1:34:49>> Thank you all for what you do.

1:34:50>> Thank you.

1:34:52>> So the request here as you see is pretty

1:34:55simple. um maybe a little over a year

1:34:57ago. I was thinking it was when we had

1:34:59it requested to CZLI

1:35:02and just want to expand my business

1:35:03over. We bought the property

1:35:06about [clears throat] this time last

1:35:07year and pretty much the same thing we

1:35:10asked for a year ago.

1:35:12>> Now it's the it's the property that's

1:35:14that used to be the um toy chest.

1:35:18>> It's part of it's part of it.

1:35:20>> It's not really part of it. It's close

1:35:22proximity to but it's not the actual

1:35:24torch property.

1:35:25>> Um Okay. Any questions by the board?

1:35:29>> I don't have a question for Lee.

1:35:31>> Okay. All right. Lee,

1:35:34>> in terms of where this falls within like

1:35:36the the land development plan, is this

1:35:37near sort of a highway commercial or

1:35:39industrial area?

1:35:41>> The the land development plan recognizes

1:35:43NC Highway 2970 as an economic

1:35:46development corridor. Uh the toy chest

1:35:49is just right here, just off the uh the

1:35:52uh map. And Robert Robert Everheart

1:35:54connects to that right there. So the

1:35:57entirety of 2970 is recognized as an

1:36:00economic development corridor.

1:36:01>> Is that where the old police academy

1:36:03used to be?

1:36:03>> The police academy, you can actually see

1:36:05it on the uh it's right here.

1:36:08>> That's where the shooting range is city

1:36:10of Lexington. Mhm.

1:36:12>> I thought everybody might want to get a

1:36:14sense of where it was where it was

1:36:16located.

1:36:17>> I got I got a question for you, Lee.

1:36:19>> Yes, sir.

1:36:20>> Um, [clears throat] and this is this is

1:36:22going on I've known Lanny for a long

1:36:24time. This is going on something we're

1:36:26going to talk about on the data center

1:36:28side, but have you had any complaints

1:36:30out of what we reszone for him last year

1:36:32as far as noise complaints or

1:36:34>> I'm not aware of of any complaints that

1:36:36have come since Mr. Hedrickk uh

1:36:39[clears throat] successfully resoneed

1:36:40the property and started utilizing that

1:36:42track for his business.

1:36:44>> Okay. And I and I don't have an issue

1:36:46with it, Kelly. What I do want to talk

1:36:48about later though, we're setting

1:36:50decimal points for the data centers at

1:36:5355. So, are they any different from any

1:36:56other business? So, if you're going to

1:36:58set them for one, do you set them for

1:37:00all? And again, this is nothing to do

1:37:01with you, [laughter] Lanny, at all. But

1:37:03I I think we need to do that if if we're

1:37:06going to start regulating what no and I

1:37:08hate that. I hate it because that's

1:37:09government overreach somewhat. But also

1:37:12I understand we got to protect the

1:37:14residents next door too. So if we're

1:37:17going to do it for the data centers, we

1:37:18may have to start doing it for

1:37:19everybody. Come up with a a decimal

1:37:22meter type reading that they have to

1:37:24abide by. I don't know if you gave that

1:37:26any thought or not, but

1:37:28>> Well, sure. anytime there's a there's a

1:37:30a close proximity between existing

1:37:33residential development and and

1:37:36commercial or industrial development in

1:37:38close pro proximity to it. You always

1:37:40think about that and sound's becoming

1:37:42more pre uh prelevant. It's um you know

1:37:45we're getting more and more crowded.

1:37:47Things are getting closer and closer

1:37:48together as a county. So that that may

1:37:51be something we need to do for this

1:37:52process. The the the board and the

1:37:55applicant would need to agree on the

1:37:57conditions.

1:37:57>> Yeah. And and I'm not ready to make him

1:37:59follow that condition because we had

1:38:01discussed it yet or anything, but that

1:38:04has been on my mind.

1:38:05>> Yeah.

1:38:05>> U that, you know, if you're gonna make

1:38:07one business do it,

1:38:09>> you about got to make the rest of them

1:38:10do it, you know, and that's why I ask. I

1:38:13don't think Lanny's had any um anybody

1:38:16calling about noise. So, that's not an

1:38:18[clears throat] issue there. So, and I

1:38:20don't have an issue reszoning this piece

1:38:22of property. Okay. after we'll listen to

1:38:24the public hearing, but um and see what

1:38:27anybody's got to say.

1:38:28>> One one thing that I have to say about

1:38:30that is we have to think about the

1:38:32setbacks too and the amount of money

1:38:34that the data centers pull in. So they

1:38:36can afford to have 100 200 foot setbacks

1:38:39with a 55 decimal reading at the at the

1:38:43line. But then you go down the Hedrick's

1:38:45Grove down below where they're at where

1:38:47they're having parties and stuff and

1:38:49then they're they're all day long 75 dB

1:38:53maybe sometimes at 90 dB at the line cuz

1:38:56we did those readings ourselves. Right.

1:38:59>> Well, it it hasn't been that high since

1:39:02in my experience. I know we've gotten a

1:39:03lot of complaints and you're accurate

1:39:05with respect to that.

1:39:06>> What would you say they are at an

1:39:07average? I think they were nowhere near

1:39:0955. No, initially th those those

1:39:13readings were in the mid to to high 60s

1:39:17that they've come down. They have a 10

1:39:20foot setback.

1:39:21>> They're working on that substantially. I

1:39:23mean that so they're they're coming

1:39:25down.

1:39:25>> And I don't disagree with what you're

1:39:26saying, but I think we should take the

1:39:28setbacks into a uh because some some

1:39:31people could not meet that, you know.

1:39:34>> Sure.

1:39:34>> And I didn't mean to drag you into this

1:39:36conversation, but [laughter] it was a

1:39:37good segue to get here.

1:39:39>> Yeah, that's right. That's right. Again,

1:39:40I'm not for big government and really

1:39:42telling a lot of people what they can

1:39:43do, but if you're going to owe one, I

1:39:45think he can't discriminate against one

1:39:48and and not do it for everybody

1:39:50somewhat. Something for us to consider.

1:39:52So,

1:39:53>> thank you, Mr. Hedrickk. I'm I'm going

1:39:54to go ahead and ask if there's anyone in

1:39:56the audience who wishes to speak either

1:39:57in favor of or opposition to your

1:40:00request.

1:40:01>> I have some questions.

1:40:03>> Okay.

1:40:03>> And maybe Mr. Cook can answer these

1:40:05questions for us. What's what type of

1:40:07vehicles are going to be going up and

1:40:09down this road that that small road at

1:40:10least your property around there and how

1:40:13does it affect the residents are in in

1:40:14that RA2 zone right there where it

1:40:17speaks to

1:40:18>> and if you know dump trucks

1:40:22the regular

1:40:23>> dump trucks flatbed trucks large trucks

1:40:26because I believe when this resone

1:40:28before a lot of the property owners come

1:40:30up and they complained a lot about the

1:40:33dust the wind and and all that that was

1:40:36being uh distributed from that property

1:40:39in that area from your side like that.

1:40:42>> Before I had to pave the first 50 foot.

1:40:45>> So you did get that paved.

1:40:46>> I paved it. I put it

1:40:48>> and so that dust is no longer prevalent.

1:40:50>> Screen fence in this um dash so dust and

1:40:54debris can't go back and forth. Anytime

1:40:56there's anything gets on the street, of

1:40:58course, we wash the street down. Right.

1:41:00>> So just to my knowledge, I haven't had

1:41:01anyone.

1:41:02>> Well, there's no there's no one here

1:41:03today to, you know, go against that. So,

1:41:06I can understand that that you know,

1:41:07apparently everything's okay with those

1:41:09residents uh that are going on now. Now,

1:41:12you've got a main access road right

1:41:15there. [clears throat]

1:41:16>> See what that road says, East Park

1:41:19Avenue. Is that that's going to go out

1:41:21to 2970 and your your vehicles are going

1:41:23to be accessing out that way.

1:41:24>> Goes out maybe try to go to the right

1:41:26most of the time

1:41:28instead of going down by little toy

1:41:30chest. And that's what I'm saying

1:41:32talking about that it would be, you

1:41:34know, to make your access if you look at

1:41:36doing that to access to the highway

1:41:38because that's a fourlane four-lane road

1:41:40instead of going down by the residents

1:41:42and it disturbed them. And uh I think

1:41:44another complaint was there was a uh

1:41:48school bus stop on that road as well and

1:41:50they didn't want to disturb that with

1:41:53those big trucks and everything. Was is

1:41:55that was that one of the complaints? I

1:41:56can't I can't remember. remember I'm I'm

1:41:58trying to remember this because I I

1:42:00started coming to those meetings and I

1:42:01remember I was like I remember this

1:42:02property and everything but just just

1:42:04checking on that. Just try to make aware

1:42:06of it. But if if you had no complaints I

1:42:09I think it'd be good to think.

1:42:12>> I have a question.

1:42:14>> Yes, ma'am.

1:42:15>> Okay. I'm trying to reach up here and

1:42:17grab this microphone down hopefully

1:42:20second.

1:42:20>> Um can you hear me okay now?

1:42:22>> We can get you a table over ma'am.

1:42:24>> Sure.

1:42:26Thank you. My name is Pamela McAfee. I'm

1:42:28a resident of Lexington. And since you

1:42:31open up the talk about the 55 dB, do you

1:42:34have um any ordinances or any

1:42:37consideration of 55 dB con during the

1:42:41daytime and the night time? Because 55

1:42:43dB during the day is considered uh

1:42:45allowable, but it's too much for night.

1:42:49So if something's running 24/7, are

1:42:51there any hours in consideration with

1:42:54noise pollution?

1:42:56That's something that you're going to

1:42:57address when we begin talking about

1:42:59this.

1:43:00>> Yes.

1:43:01>> A little bit later. I think

1:43:02>> that that that's fairly prevalent in in

1:43:04a lot of jurisdictions. The research

1:43:06that I've done, you have a daytime and a

1:43:08nighttime. The the the special use

1:43:11permit that's proposed tonight will

1:43:13allow for us to uniquely set a limit

1:43:16that it's proposed at 55. It'll be to

1:43:19the discretion of the board as to as to

1:43:21what that is. Uh, I've got some movies

1:43:23that show an example of that and and but

1:43:27it is not uncommon. Miss McAfee noted

1:43:30that a nighttime if it's something

1:43:32that's countywide where you may not have

1:43:34the large setbacks that you're talking

1:43:36about, you may want to discuss a daytime

1:43:39and a nighttime uh decibel level. But

1:43:42that would be something that that's kind

1:43:44of an overreaching ordinance for the

1:43:46entire county potentially. Mhm.

1:43:48>> Uh the special use permit will allow us

1:43:50to because we it's there's a precedent

1:43:52for it for um you know um there's

1:43:55another special use that already has a

1:43:57decibel levels. Firing range has a

1:43:59decibel level. Uh I think uh the um rock

1:44:03quarry special use permit has a unique

1:44:05decibel level in it. So specific uses

1:44:08already are regulated by decibel level.

1:44:11something that's overreaching and

1:44:12countywide, we would have a a broader

1:44:15discussion to to take that into

1:44:17consideration.

1:44:18>> Right. Because firing ranges are ranges

1:44:20aren't usually at 3:00 a.m.

1:44:21>> Correct. Yes, ma'am.

1:44:23>> So,

1:44:23>> yeah.

1:44:24>> And just for just for a point to make

1:44:28sure on this particular issue, 6:00's

1:44:31your your operating time at night,

1:44:33right?

1:44:36>> Yeah.

1:44:38>> And half a day on Saturday. That's

1:44:40right.

1:44:40>> He's not going You're not going to be

1:44:41operating at night, are you?

1:44:43>> No.

1:44:44>> Okay.

1:44:45>> 7 to 6, Monday through Friday, 7 to 1

1:44:48>> Saturday.

1:44:49>> Thank you.

1:44:50>> Thank you. All right.

1:44:52>> I don't know if there's anybody else in

1:44:54the audience or not. I know.

1:44:55>> Anybody else?

1:44:56>> I had a couple questions. So,

1:44:59>> do you want

1:45:01come on up?

1:45:03>> I have a couple questions about that.

1:45:05>> Your name, sir?

1:45:06>> Uh, James Bulla. B O T U R L A. I'm

1:45:08sorry.

1:45:09>> Bulla

1:45:10>> B.

1:45:11>> B T U R L A. Um, I had a couple

1:45:14questions. So, the first piece of land

1:45:16he owns is a C2-

1:45:19that's to the left of that.

1:45:20>> Yes.

1:45:21>> So,

1:45:22if he's controlling I don't know how

1:45:24many trucks he's using a day. So, if

1:45:25he's expanding over

1:45:27>> and there seems to be a creek running

1:45:28through there, is that creek getting

1:45:29polluted by any any chance? Is there a

1:45:31creek or something I'm seeing there?

1:45:32Well, I think that's principally why the

1:45:35applicant has proposed an additional NC

1:45:38DOT driveway permit. This creek does

1:45:40come up almost all the way to the road

1:45:42and and he doesn't want to cross the

1:45:43creek or impound the creek or impact the

1:45:45creek in any way. He already has an

1:45:47entrance right here which would give him

1:45:50access to this area. I don't think he

1:45:52wants to cross the creek. He does want

1:45:53to potentially utilize some property

1:45:56over here. So, we I'm speculating that

1:45:58he would have an additional entrance

1:45:59right there. Okay. So, do we know how

1:46:01many trucks? How big is that first piece

1:46:03of real estate that he owns?

1:46:04>> The first piece was um I think 20 25

1:46:07acres.

1:46:08>> So, he's going to almost double his real

1:46:10estate amount of trucks.

1:46:12>> A little over 17. Yes, sir.

1:46:13>> So, what kind of condition is that road

1:46:15in right now he's using to get to 29?

1:46:17How much more will it impact that road?

1:46:20>> With twice as many trucks, twice as many

1:46:21tires touching it.

1:46:22>> Sure.

1:46:22>> Will it like fall apart in a year?

1:46:25>> I I I'm not a a road engineer. I I

1:46:28really can't speak.

1:46:29>> You like to address that?

1:46:30>> I know it's a DOT road, so they if

1:46:32there's maintenance needs, they would

1:46:34have to

1:46:35>> Yeah.

1:46:35>> I mean, I know the answer to that. It's

1:46:37a DOT road. They do the maintenance.

1:46:40>> Do the maintenance.

1:46:41>> Wasn't in that great a shape, but it

1:46:42really hadn't got much worse since we've

1:46:44been in not really looking to add a lot

1:46:47more truck traffic in and out of there.

1:46:48Just looking to zone this property for

1:46:50future use. um

1:46:53really more of a lay down yard for pipe

1:46:55accessories like we talked about in the

1:46:57platinum zone part. So the roads the DOT

1:47:01road will be maintained by the DOT and

1:47:03we try to do what we can do to help

1:47:06clean it up if we make a mess.

1:47:08>> Todd knows in the business we're in uh

1:47:11environmental the blue line stream we

1:47:13have to adhere to the to the rules of

1:47:15diner and all the above.

1:47:20You'd be required to maintain a 50ft

1:47:22buffer on that creek for development.

1:47:25>> Yeah. And earlier when we were talking

1:47:28down the lot 7271

1:47:30706 69 that's where that 20 foot tree

1:47:33buffer. I agreed to leave all that for

1:47:36the neighbors there. Like I said, I've

1:47:38been there for years and hadn't had the

1:47:39first neighbor on that area reach out to

1:47:42me about any complaints. If they did, I

1:47:43would address it.

1:47:44>> Yes, sir.

1:47:46Thank you.

1:47:47>> I don't have anything further. Any

1:47:49questions?

1:47:49>> Okay. Thank you.

1:47:50>> Thank you, sir.

1:47:52>> Um, are we ready to move to closing the

1:47:55public hearing?

1:47:56>> If no, no one else.

1:47:58>> Okay, Mr. what's the staff

1:48:00recommendation for Mr. Hitter's request?

1:48:04>> The subject property is isolated but in

1:48:06close proximity to the highway 2970. The

1:48:09entrance to the applicant's prop

1:48:11property is only a thousand feet off of

1:48:13the 2970 corridor. The US 2970 corridor

1:48:17is identified as an economic development

1:48:18corridor by the Davidson County Land

1:48:20Development Plan. Highway commercial

1:48:22zoning is only 800 ft to the north of

1:48:24the applicant's entrance and general

1:48:26district LI limited industrial district

1:48:28is 960 ft to the north and is better

1:48:30known as the old toy chest building. The

1:48:32subject track is now contiguous to a 25

1:48:35acre CZLI zoning district to the

1:48:37southwest. Um, to access the applicant's

1:48:40property, you have to travel past

1:48:42several residences on East Park Avenue

1:48:44to Robert or Robert Everheart Road. East

1:48:46Park Avenue is a dead-end road

1:48:48terminating um close to the North

1:48:50Carolina Railway Railroad Rideway. The

1:48:53property to the north is vacant with no

1:48:55building tax value shown. Uh, properties

1:48:58to the north and south are a mixture of

1:49:01being vacant and having dwellings

1:49:03located on them. staff would like to ask

1:49:05the applicant how intensive um the use

1:49:08of property is proposed along the

1:49:09eastern property line to see if

1:49:11screening or some type u may be needed

1:49:14and he can send it to the 20oot

1:49:16vegetative buffer.

1:49:18>> Uh the property of the west is

1:49:19applicant's existing place of business.

1:49:21Staff compliments the applicant in the

1:49:23preparation of this application

1:49:25recognize the potential conflict with

1:49:26the surrounding uses. This type of

1:49:28activity does require large acreage and

1:49:30it is beneficial if the acreage is

1:49:32somewhat isolated. Staff is going to

1:49:34offer support for the request citing the

1:49:36close proximity and easy access to the

1:49:38US 2970 corridor. The fact that this

1:49:41property is isolated locally from other

1:49:43uses in the area is a benefit in staff's

1:49:46opinion. Staff is comfortable with the

1:49:48conditions proposed in the application

1:49:49and feel they offer protection to the

1:49:51few adjoining property owners in the

1:49:53area. Topography of this location seems

1:49:56to not offer a high probability of

1:49:57large-scale subdivision in the excuse me

1:50:00in the area which in staff's opinion is

1:50:02a benefit to the applicant. Staff will

1:50:05offer several policy statements that

1:50:06support the applicant's request.

1:50:08Policies 11121315178414244

1:50:13and 74 all in support of the applicant's

1:50:15request. Davidson County is undergoing a

1:50:17tremendous amount of growth pressure in

1:50:19every sector of the economy. Industrial,

1:50:20commercial, and residential growth are

1:50:22taking place at alarming rates. This

1:50:25factor could be considered change or

1:50:27changing conditions in the area

1:50:28generally which would make the reszoning

1:50:30compliant with article 7 administration

1:50:32of the ordinance. Staff would recommend

1:50:34approval and ask you to adopt a

1:50:36statement of consistency in favor.

1:50:38>> Madame Chair, I'd make a motion that we

1:50:40approve this and approve the resolution

1:50:41on statement of consistency.

1:50:43>> Second.

1:50:44>> Have a motion and a second. All in favor

1:50:46say I.

1:50:47>> I.

1:50:48>> Mr. Ed, thank you.

1:50:51Good night.

1:50:55All right, move on to item number B. We

1:50:59are moving this Mr. Croo will introduce

1:51:02the application about our text text

1:51:04amendments to the zoning ordinance.

1:51:09>> Thank you, Madam Chair. Um, like to read

1:51:11the legal into the record, then uh we

1:51:13can open the the public hearing. and I

1:51:15can go through what I need to say and

1:51:17then we involve the the folks that want

1:51:19to speak. Um, legal advertisement reads,

1:51:22"Request by Davidson County Board of

1:51:24Commissioners to amend the Davidson

1:51:25County zoning ordinance by adding,

1:51:27defining, and regulate regulating the

1:51:29use of data center. Set amendment may

1:51:32amend article 3, permitted and

1:51:34conditional zoning districts, section

1:51:353.9, table of permitted uses. Article

1:51:38five, special uses, section 5.9,

1:51:41requirements for individual special

1:51:43uses. Article six, development

1:51:46standards, section 6.1, standards for

1:51:49permitted uses, and article 9,

1:51:52definitions by defining data center or

1:51:54data center types. Um, other zoning

1:51:57ordinance articles and sections may be

1:51:59amended beyond the one cited. Um, at the

1:52:03planning board meeting, [clears throat]

1:52:05we had a document that's been prepared.

1:52:06The board has had access to that

1:52:08document and kind of followed along with

1:52:11the planning board amendments. Um the

1:52:14I've also gotten an additional copy of

1:52:17this document with some notes on it from

1:52:19from the board and I know that there's

1:52:20some other board members that want to

1:52:22discuss certain items. Um I afforded I

1:52:26made a trip to Lenor because when you

1:52:28look up data center it was kind of an

1:52:30enigma to me. I'd never seen one. I'd

1:52:33never been around one. Wanted to see

1:52:34what one looked like, sounded like,

1:52:37smelled like, you know, all of those

1:52:39things just to acclimate myself with it.

1:52:42I sent this board the video. Don't know

1:52:45if you want me to go through that, I

1:52:47will because

1:52:47>> I would like for you.

1:52:48>> Okay. All right. Very good. Very good.

1:52:50Um,

1:52:50>> Mr. Lee, I have a question for you. Just

1:52:53>> Absolutely.

1:52:54>> So,

1:52:56I'm just having trouble because if if we

1:53:00vote on the ordinance, then there's no

1:53:03need to accept a moratorum. I would

1:53:07think that we would vote on the

1:53:08moratorum first and then if the

1:53:11moratorum was not passed then we could

1:53:13look at voting in the ordinance because

1:53:15the whole issue for the moratorum is to

1:53:17look closer at the ordinance. I don't

1:53:19understand why this is before it's like

1:53:21putting the cart before the horse.

1:53:24>> Well, the the the document before you

1:53:26tonight if the board should choose that

1:53:30that's not what you want to see. that's

1:53:33not the document that you want or you

1:53:35want to see additional things added to

1:53:36it.

1:53:37>> But wouldn't that be done under the

1:53:39other option?

1:53:40>> Well, you you've got either choice that

1:53:42right now by doing this first and the

1:53:44intent was you get to see kind of what

1:53:46the document looks like and sounds like

1:53:49if you don't like that you you kind of

1:53:51have two options. You can you can turn

1:53:53it down or you could continue it because

1:53:56the moratorum speaks to going to

1:53:58February 26. Y'all, that would be my

1:54:02recommendation if you don't like the

1:54:04document that's in place right here. Uh

1:54:07would be to continue it till the latter

1:54:09part of the moratorum and then you would

1:54:12just continue it and then vote on the

1:54:14mortorium. But if you do the moratorum

1:54:16first, you don't get to to digest and

1:54:19see what the doctrine is. And that to me

1:54:22that's what the public and the members

1:54:27were asking [clears throat]

1:54:29for us to take a look at what would what

1:54:33would need to be put in place if in an

1:54:37if situation

1:54:39of considering

1:54:41um a mor

1:54:43data center. So to me that's the reason

1:54:46this needs to be analyzed first because

1:54:48it if it's quite good

1:54:51>> well that that's that's the thought

1:54:53process behind it that you guys would

1:54:55see the details if you don't like it

1:54:57then

1:54:58>> you continue it or [clears throat] you

1:55:00can't you've got the option to turn it

1:55:01down. But as part of the moratorum we

1:55:04would go through the same thing again.

1:55:06We'd have to initiate a text amendment.

1:55:09Then we'd have to take it to the

1:55:10planning board and we'd have to come

1:55:12back to the full board as part of the

1:55:13moratorum with changes. If we just

1:55:16continued this to the end of the

1:55:17moratorum, if you don't like the form

1:55:19that it's in now, then that that would

1:55:22be staff's recommendation. Uh if you

1:55:25don't want to adopt it tonight,

1:55:27>> instead of putting a moratorium on just

1:55:29continue it to the end of the four

1:55:30months, is that what

1:55:31>> Well, you you could do it either way.

1:55:32>> I got you. I got you. But you could do

1:55:34that either way. That's pretty smart. I

1:55:35hadn't thought of that. Yeah,

1:55:36>> you could do that either way. You could

1:55:38you could continue it to to whenever you

1:55:40know if you the the moratorum if you

1:55:43choose to adopt that.

1:55:44>> It runs out February 26th. Uh because

1:55:47it's a four-month moratorum in the form

1:55:49that's proposed before you tonight.

1:55:51You've got a meeting on February 22nd.

1:55:54You could continue it to that meeting.

1:55:56We could go back to the drawing board,

1:55:57take more input and and get what the

1:56:00board wants to do beyond the scope of

1:56:03the document that's in front of you

1:56:05tonight.

1:56:06and work on it and if it changes

1:56:08substantially we'd go back to the

1:56:10planning board and get another

1:56:11recommendation before we come to this

1:56:13board on the potentially the 22nd if you

1:56:16choose to do that. I

1:56:17>> mean I I think a lot of good work's done

1:56:19been done on this. So

1:56:20>> I think we ought to at least go through

1:56:23it and and then again we may learn

1:56:25something that we want to add to it. So

1:56:27I'd say we'd stay with the agenda we

1:56:29have public hearing.

1:56:31>> That's up to discretion of the board. Is

1:56:34everybody good with that?

1:56:35>> I am.

1:56:37>> I am. I I think I think we're ready. I I

1:56:40think you're ready to share with us what

1:56:43you've come up what you what we've

1:56:44challenged you to do uh for the

1:56:47citizens.

1:56:48>> Okay. Well, I I'll be glad.

1:56:50>> Well, one one follow up kind of to

1:56:52Chris's point here for the text

1:56:54amendment. Let's say hypothetically we

1:56:56find it wanting and in need of

1:56:58additional revisions.

1:57:00>> Sure. Would voting it down mean planning

1:57:04and zoning can't use it to build from?

1:57:08>> Yeah, absolutely. We can still we can

1:57:10still build from it. [clears throat]

1:57:12>> So, even if we say, you know what, this

1:57:13isn't this isn't where it needs to be

1:57:15just yet, we can say no to the text

1:57:17amendment, yes to the moratorum, and

1:57:20then the planning board can perhaps get

1:57:22some additional direction from us

1:57:25to then go back to it and revise it.

1:57:30But it may plan that that's an option.

1:57:34>> The if let's say hypothetically we turn

1:57:36the the text amendment down. It's not

1:57:38what you want to see and we turn the

1:57:39text amendment down. That kills this

1:57:42document. So as part of the moratorum

1:57:46we then have to I have to come back to

1:57:48the board. We have to initiate another

1:57:50text amendment the process we're already

1:57:53in.

1:57:55And once the process that we're already

1:57:58in wherein if we just continue this we

1:58:01don't have to do that step. We would

1:58:03just we'd be creating work for ourselves

1:58:04to deny it.

1:58:05>> But in the midst of a moratorum in the

1:58:08midst of we putting this off we do not

1:58:11shut down the fact that a person can

1:58:13come and say I want a data center.

1:58:15>> Oh you can if there's a moratorum

1:58:17adopted

1:58:18>> but that that's not what we're talking

1:58:20about. We're talking about extending

1:58:21this. Right. Well, if we extend this,

1:58:23there is no moratorum.

1:58:25>> We can't.

1:58:25>> You can do both.

1:58:28>> You can you can continue this

1:58:30>> to the end of the moratorum. Continue

1:58:33this document. Adopt the moratorum.

1:58:35>> That's if we deny this any

1:58:38>> okay

1:58:39>> and still adopt the moratorum. And then

1:58:42nobody can come in for a data center

1:58:44during the four months the moratorum is

1:58:46in place. We we continue working on this

1:58:49document because it's an already active

1:58:50text amendment. That prevents us from

1:58:53having to come create a new one, come

1:58:55back to you guys and and initiate it and

1:58:58go through that process again.

1:58:59>> So continuing this is approving a

1:59:02moratorum.

1:59:03>> No sir, continuing this move.

1:59:05>> Approving this is approving a moratorum.

1:59:07>> No.

1:59:08>> And where does the moratorum come in?

1:59:10That that's

1:59:11>> there's two separate agenda items.

1:59:12There's two separate agenda items.

1:59:14>> Okay. cuz I was told we was told last

1:59:16time

1:59:18when by you that if we approve this then

1:59:22that does away with the moratorum.

1:59:24>> Well, that's that's an option.

1:59:25>> That's exactly what we were told.

1:59:26>> That's an option. That's an option, but

1:59:28it's still up to the discretion of the

1:59:30full board as to what you want to do.

1:59:32>> Okay.

1:59:32>> Okay.

1:59:33>> Well, I think the citizens want a

1:59:34moratorum. That's what we were thinking.

1:59:37>> Well, and and you know, with without

1:59:40knowing what this says.

1:59:42>> Yeah. I mean, I've read it, but there's

1:59:44still some questions in there like the

1:59:45minimum lot size. We still have

1:59:47questions about the the fact that that

1:59:50and we don't have time to study right

1:59:52now to call the the people in Raleigh

1:59:54about, well, what are the regulations

1:59:56that we have for for the generators?

1:59:58What what can we do?

2:00:00>> Well, we can come up with regulations

2:00:01for generators. That's not a big issue

2:00:03at all. We use them at the show.

2:00:05>> Require them to have an onsite power

2:00:07plant to generate their own power. Could

2:00:09we require that? Well, we could, I

2:00:12guess. I'm not sure.

2:00:13>> Is that something in our

2:00:14>> I'm [clears throat] not so sure the

2:00:15public would. Can Can we do that?

2:00:17>> But that

2:00:19>> I'm not so sure we can do that.

2:00:20>> I have not seen a jurisdiction that that

2:00:22requires on-site generation that

2:00:24requires that.

2:00:25>> Could we?

2:00:26>> I I don't know. I haven't seen that in

2:00:28any

2:00:28>> Then we need to look at a little further

2:00:30to know

2:00:31>> and that's that's fine. Most of the most

2:00:33of the on-site generation is for

2:00:36emergency generation and and there's

2:00:38some EPA guidelines depending on how how

2:00:41much the the generators run a year.

2:00:44>> U like tier 4 EPA standards if it runs

2:00:47over 100 hours a year they have to

2:00:48comply with that that emission standard.

2:00:51>> In Virginia they didn't and and all that

2:00:54stuff started happening and the city and

2:00:56everybody else come up and said there's

2:00:57nothing we can do. We can't prosecute

2:00:59them because there's no law that says we

2:01:01can. And that was kind of like that kind

2:01:03of caught me off guard. I was like, "Oo,

2:01:05we don't want to get into that trouble

2:01:06here."

2:01:07>> Well, a continuence to a date certain of

2:01:10this tonight doesn't affect the vote on

2:01:12the moratorum at all.

2:01:14>> Okay?

2:01:14>> You you can you can turn either one. You

2:01:16can deny this. You can continue it or

2:01:18you can approve it.

2:01:20>> If you approve it, the moratorum,

2:01:22there's really no need for the moratorum

2:01:24at that point. We've got guard rails up

2:01:26to regulate data centers. Um now if you

2:01:30decide to continue this or deny this

2:01:33>> they're saying no

2:01:33>> the the the data center I mean excuse me

2:01:36the moratorum

2:01:37would probably be appropriate at that

2:01:39point

2:01:41>> and here's another option that you

2:01:42hadn't thought of Chris was saying maybe

2:01:45there's questions we can't get answered

2:01:47if we we could continue it to the next

2:01:49meeting board meeting and find the

2:01:52answers that someone may be looking for

2:01:55and if we hadn't got them by then we

2:01:56could uh table longer, but I don't think

2:01:59a data center is going to come in the

2:02:01next two weeks. But

2:02:02>> I would highly recommend we we get past

2:02:04the ninth if we do decide to continue

2:02:06it. That's the Piedmont reszoning and

2:02:08>> Well, yeah, but go after, you see what

2:02:10I'm saying? Instead of

2:02:11>> I mean, yeah, you can continue it to a a

2:02:14time shorter a shorter span. You don't

2:02:16have to go I was trying to work on this

2:02:18under the protection of the moratorum if

2:02:20that's what the board wanted us to do.

2:02:22work on this active application under

2:02:25the protection of the moratorum if that

2:02:27was the board's wishes.

2:02:29>> And Chris, I hear you about the public

2:02:31wants a moratorum, but the public wants

2:02:33them stopped. Period. And we can't do

2:02:35that.

2:02:37>> The the we in my my 33 years, I mean,

2:02:40we've we've leaned on the Institute of

2:02:41Government at UNCC Chapel Hill for my

2:02:44entire 33 years. Those folks keep an eye

2:02:46on the statutory changes. They keep an

2:02:48eye on the uh this the case law. They

2:02:52let local governments and municipal

2:02:54governments know what's going on, how it

2:02:56affects your rules and regulations.

2:02:58The the set of conditions and this is

2:03:01coming from them. I'm I'm not this is

2:03:03not my decision. This is coming from

2:03:05them. The set of circumstances that

2:03:08would have to be present to completely

2:03:11deny access to data centers are are very

2:03:15very small. D Davidson County doesn't

2:03:18have those circumstances. We've got

2:03:19resources. We've got power. We've got

2:03:22water. We've got things where these

2:03:24things you have to provide a location

2:03:27for a legal use of land from a

2:03:30regulatory standpoint. Now, if everybody

2:03:32goes down to Raleigh and and they march

2:03:34on Raleigh and and the they put

2:03:36something in the statutes that change

2:03:38that, you know, that we we go by the

2:03:41statutes. But with respect to what we

2:03:45can do here,

2:03:48we're we're going by the institute's

2:03:49guidance and they they're saying you

2:03:51can't prohibit data centers. You have to

2:03:54make a place for them. So as as um as I

2:03:57heard Mr. Curry talk about earlier

2:03:59during public address, the best defense

2:04:02right now is to adopt good strong

2:04:04standards that speak to what the effects

2:04:07of these data centers you want to you

2:04:08want to govern.

2:04:11That's my professional opinion.

2:04:12>> We can vote up, down, or continue on

2:04:16this document.

2:04:17>> Right now, we're talking about the the

2:04:18data center text amendment. You can vote

2:04:21up, you can you can approve it, you can

2:04:23deny it, or you can continue it. If if

2:04:25you deny it, I'm going to we'll we'll

2:04:27probably go into a moratorum. I'm going

2:04:29to have to come back to the board and

2:04:31get y'all to initiate another text

2:04:34amendment, another one. at all the

2:04:36government bureaucracy, right?

2:04:39>> Continuing it saves a little bit of work

2:04:42on our department and we can build off

2:04:45of this document, change this document,

2:04:47do whatever we need to do to this

2:04:49document that the board wants to see and

2:04:51and move forward with this existing

2:04:54uh amendment to the ordinance that that

2:04:58that would be my request of the board.

2:05:01Well, it seems to me that you were ready

2:05:04and that a lot of us were ready to take

2:05:07a look at these text amendments. So, my

2:05:10suggestion is that we move forward.

2:05:14>> Yeah,

2:05:15>> that's my suggestion, too. Is that a

2:05:16consensus? Do we have four that wants to

2:05:19move forward?

2:05:21>> I'm fine.

2:05:22>> Do you, Steve?

2:05:23>> Yeah, I'm fine with it. I don't have a

2:05:25problem listening to what we have in

2:05:28there

2:05:28>> and taking a look at the good work

2:05:31that's been done to address the issues.

2:05:35>> But, you know, but we just got to keep

2:05:37in mind that

2:05:39>> what we see here tonight or what we read

2:05:41here, you know, or hear tonight,

2:05:44>> we've got to be very diligent.

2:05:48>> Talk into your microphone.

2:05:50>> Oh, I'm sorry.

2:05:52Uh

2:05:53I think that we need to listen to this

2:05:57to because this is the ultimate goal

2:06:00even of the moratorum is to come up with

2:06:02guidelines.

2:06:02>> That's right.

2:06:03>> That's it.

2:06:04>> That's what the the whole goal is. So we

2:06:07need to listen to it and what we find

2:06:11one way or the other will determine

2:06:14whether we move forward or we put a

2:06:17fourmonth moratorium on it. And I don't

2:06:20see that

2:06:23killing this document. We need to leave

2:06:24this document live. It needs to be a

2:06:26live document no matter

2:06:28>> agree.

2:06:29>> It's got to be a live document. We we

2:06:31can't kill it.

2:06:31>> We've done too much work here and the

2:06:33planning board's done too much work to

2:06:35kill it.

2:06:36>> And and no matter when we end up voting

2:06:38on it, that that'll be up to the

2:06:40discretion of the board.

2:06:41>> Correct.

2:06:42>> Yes, sir.

2:06:42>> I agree with Mr. Shook on that.

2:06:44>> We we would appreciate that at the staff

2:06:45level. It it cuts out a little bit of

2:06:47work we have to do.

2:06:48>> Well, it cuts out work for us

2:06:50>> as well, right? Not just on you, you,

2:06:53but it cuts out work for all of our

2:06:55constituents as well because if they

2:06:58read this

2:06:59>> and they may have questions about it

2:07:02whenever they hear it tonight.

2:07:03>> Sure.

2:07:03>> They may be able to address us with some

2:07:06of their questions and we're going to be

2:07:08able to have a little dialogue. We've

2:07:10got to have a little dialogue here and

2:07:12we got to keep this alive

2:07:15and if we decide it needs to be moved

2:07:20out then we bring in a moratorum to give

2:07:24time to do this but keep this document

2:07:26live

2:07:28>> that that would be staff's

2:07:29recommendation.

2:07:31>> Okay, I'm good with that.

2:07:33>> So, we're going to discuss discuss the

2:07:35the text amendment.

2:07:36>> Yes.

2:07:36>> Yes. Yes.

2:07:37>> All right. Let's let's move forward with

2:07:39it. Okay. And I was [clears throat]

2:07:41going to ask you all kind of how you

2:07:43wanted to do. I know you have individual

2:07:45questions. You have individual

2:07:47suggestions if if you know give him some

2:07:50guidance. He's got some plans on what he

2:07:53kind of wanted to how he wanted to share

2:07:56it with you. But if you want to jump in

2:07:58uh you know or if you want to go between

2:08:01individuals

2:08:02>> I think we let

2:08:03>> I think we need to let him

2:08:05>> direct it all right there for now. I I

2:08:07can I can go into an introduction

2:08:09>> and then we'll we'll discuss how we want

2:08:12to go through the proposed changes.

2:08:13>> Okay.

2:08:14>> I want to see the video. So, can we

2:08:16>> Okay.

2:08:16>> You got a video?

2:08:17>> Yeah, absolutely. Um what as a matter of

2:08:22reality and common sense, I I wanted to

2:08:24make sure that I understood exactly what

2:08:27we were talking about when when we hear

2:08:29about data centers. And from workshops,

2:08:32pre prior workshops with this board and

2:08:34the planning board, it looked like we we

2:08:37kind of wanted to leave utility

2:08:38regulation to itself and just regulate

2:08:42the impacts that these facilities had.

2:08:44And one of the big impacts is noise. So

2:08:47I wanted to go look and hear one, see

2:08:49one. This happens to be the compound of

2:08:52the Google data center in Lenor. Uh this

2:08:55is building one, building two. This is

2:08:58building three. And this is the new

2:09:00building for apologize for that aerial.

2:09:02It's got a a newer aerial combined with

2:09:05an older aerial. This one's construction

2:09:07phase. This one's the building. That

2:09:09facility is open and it's running now.

2:09:11Um so what I did is I I came by the

2:09:14county. I my wife and I went up there

2:09:16and we were looking at leaves and we

2:09:18were, you know, I had to go antiquing

2:09:20and that cost me a little bit of money

2:09:22from my wife, but other than that it it

2:09:25was fine. It was a nice little trip. But

2:09:26we we stopped at at several locations

2:09:30with the sound meter and I took videos

2:09:32of what the sound levels were at those

2:09:34locations. Um let me let me get my map

2:09:38out here so that I can talk about how

2:09:41far I was from each facility. All right,

2:09:45this first video we're getting ready to

2:09:47see is right here at this site right

2:09:51here. The cooling towers along buildings

2:09:54two and three are right here in straight

2:09:56view. I'm 526 feet away at this site

2:10:00right here. I may need um can Yeah,

2:10:05that's that's

2:10:05>> should work.

2:10:06>> Just hit enter.

2:10:09Um, I think we have to

2:10:12Okay.

2:10:21Now, I want to preface this. The

2:10:23>> Everybody be quiet, please.

2:10:24>> The sound that's coming out of the TVs

2:10:26is not the same sound that I that I

2:10:29heard on site. the volume I I don't know

2:10:32what volume level on the TVs would

2:10:35represent 53 dB which is basically what

2:10:39I heard standing at the but what I

2:10:41wanted to do and I what I wanted the

2:10:43audience to hear tonight you'll hear

2:10:45some common sounds like me walking on

2:10:46gravel you'll hear common sounds like at

2:10:49the end of this little video a bus

2:10:51starts to pull up you'll notice the

2:10:52decibel level starts to rise a little

2:10:54bit that's a bus that transfers workers

2:10:58in and out of the facility so I I I

2:11:00wanted y'all to be able to equate the

2:11:04sounds that you can, you know, kind of

2:11:06how loud they are with what you're

2:11:07hearing from the facility. So, I wanted

2:11:09to preface it by saying that

2:11:13[clears throat]

2:11:14well,

2:11:16what happened there?

2:11:19>> You should have put a picture of your

2:11:21wife on there stud [laughter]

2:11:24I got started a little early there,

2:11:26Steve. [laughter]

2:11:52and now you hear the bus coming in right

2:11:55there at the end.

2:11:58>> So I was using my decimal meter here

2:12:01just saying you was at 50 with the sound

2:12:03from the TVs.

2:12:05>> Okay.

2:12:06>> And so there there's your equalization.

2:12:07You was I think 56 right there with the

2:12:10bus.

2:12:11>> 50. Yeah. With the bus. I I normally

2:12:13talk at around 70 dB. I I apparently got

2:12:15a big mouth. My

2:12:17>> wife 60 60 some. Yeah.

2:12:18>> Okay. Um and I can't remember the next

2:12:23No, let's see. Let me keep going here.

2:12:29All right. I think the next video uh I

2:12:32think I'd take a second video at that

2:12:34same location that's a little bit

2:12:35longer.

2:12:40I hit that play and it keeps kicking me

2:12:43out. Go down to the next. There we go.

2:12:47And can I hit enter right here?

2:12:54>> Thank you.

2:12:57You hear the bus backing up the beeper.

2:13:09Mine shows 48 now. My decimal meter. So,

2:13:12it's just a just a few off of yours.

2:13:19>> Yeah. I can hear the bus backing up.

2:13:22>> You hear the beeper on the bus backing

2:13:23up? Yeah. Mhm.

2:13:25He's He's 3540 foot behind me.

2:13:29>> Okay.

2:13:35>> And that you said originally this was

2:13:37somewhere around 500 ft. Five

2:13:39>> 526 foot from the the edge of the

2:13:42cooling towers.

2:13:43>> Okay. Edge of the cooling towers.

2:13:48>> So that's the loudest part of the

2:13:49facility is the cooling towers.

2:13:51>> Those are the those are the units that

2:13:53make the noise. Yes, sir.

2:13:54>> Okay.

2:14:01>> What's your number on there right there?

2:14:03>> 53.8 54 51 I mean 50. Yeah, 53 to 54.

2:14:17[clears throat]

2:14:19and it stays right there very

2:14:21consistently at 53 just under 53 or 54

2:14:25dB

2:14:29and that that doesn't really change. So

2:14:35the next location I took a reading from.

2:14:39I got in between building four and

2:14:41building three. There's two power uh

2:14:44there's two substations right there. I

2:14:46was standing right here. They actually

2:14:48closed a portion of this Virginia Street

2:14:51uh for the Google facility and it dead

2:14:53ends kind of right there. I was standing

2:14:55right here when I took this video.

2:14:59Hit enter for me.

2:15:04Oops.

2:15:06>> You were standing You were standing

2:15:08where?

2:15:09>> Let Let me back up. Okay.

2:15:12>> Let's see.

2:15:15I was standing right here.

2:15:17>> Okay. And where would the cooling towers

2:15:18be?

2:15:19>> The cooling towers are going to be on

2:15:20this side up here. There there was some

2:15:23generators they were not on on the back

2:15:25side of this.

2:15:26>> And then there was some cooling towers

2:15:28right here. This facility you can't see

2:15:30it all because it is completely

2:15:31surrounded by BMS.

2:15:35>> Yeah. Go to the next one if you don't.

2:15:37Uh, no. Up one.

2:15:39>> Yes, ma'am.

2:15:47And that's one of the BMS right there.

2:15:49>> That's That's a BM. Okay.

2:15:51>> Yeah, that's one of the BMS

2:15:57>> and that's considerably lower.

2:16:01>> I'm about seven decimal points.

2:16:03>> Yeah,

2:16:03>> I'm I'm 600 ft away from building 4 and

2:16:06I'm 824t away from building three. So,

2:16:10it's a considerably larger distance.

2:16:12Plus, you've got a burm

2:16:13>> back side of the new data center.

2:16:18That's the back side up there of the old

2:16:20data center.

2:16:21>> They just completed. I'm standing in

2:16:24between two of them.

2:16:30>> They are power system.

2:16:33I hear the hum of power more than I can

2:16:35hear the data centers.

2:16:40the the buzzing of the um of the towers.

2:16:44That's what you're

2:16:44>> You can hear the hum of the substation

2:16:46just

2:16:47>> right substation.

2:16:52[clears throat]

2:16:59>> It'll just a little bit

2:17:01>> in a little while. Yeah.

2:17:02>> Yeah. When when they open the public

2:17:03hearing up, I'm sure you'll have an

2:17:04opportunity to. No problem.

2:17:09All right. In this last video, I came

2:17:12out here to Highway 18, which is this is

2:17:16building one. Highway 18 is right here.

2:17:19There's a abandoned service station. I

2:17:22was standing right here in front of a

2:17:23cherry tree about 500 and

2:17:27500 and let's see 587 feet from the edge

2:17:32of building one. And the cooling towers,

2:17:34some of them are right here.

2:17:37Now, if you want you you can see cooling

2:17:39tower right there. Um, hit play for me,

2:17:44please.

2:17:52>> What is that one? I can't see.

2:17:53>> That's it's it's in the 60s. The the I

2:17:56was trying to wait for traffic to die

2:17:58off and it it didn't completely.

2:18:02>> Those are cars going back.

2:18:03>> Those are cars right behind me on

2:18:05Highway 18.

2:18:09It gets quiet here in just a second.

2:18:14>> And you can hear the crickets. I

2:18:16>> I could not hear the facility from that

2:18:18location when the cars

2:18:19>> uh got quiet.

2:18:20>> Okay.

2:18:20>> Yeah.

2:18:21>> Got quiet,

2:18:22>> but the cars making more noise in the

2:18:25facility.

2:18:26>> Correct. It stayed in the low 60s with

2:18:29the car noise.

2:18:34There was 53 54 right there at 57

2:18:3960 61.

2:18:43>> Y'all kids come back. Okay.

2:18:44>> Yeah. Bye guys. Thank you for coming.

2:18:53As you can see, the passing cars will

2:18:56not let the

2:18:58sound reading get down to the base

2:19:00ambient level from the fact from the

2:19:02Google data center.

2:19:07It looks like the ambient sound coming

2:19:10off the data centers around a 53 or 54

2:19:13dB.

2:19:16And and that that's the extent of of

2:19:19what I did up there. Um because I I just

2:19:22wanted to see number one, what does 50

2:19:2454 53 55 dB sound like? What does a data

2:19:28center sound like? Now, the technology

2:19:30at this makes a difference in the noise.

2:19:33Okay, this this original data center,

2:19:36this building one I think was built in '

2:19:3807 or

2:19:39>> 08,

2:19:40>> right? And and it uses an evaporative

2:19:44cooling system. that's one of the big

2:19:46heavy water users. Those types of towers

2:19:49are quieter than the closed loop stuff

2:19:52because there's more fans running with

2:19:54the closed loop stuff. But by setting a

2:19:57decibel level that you know the proposed

2:20:01sound study in the document requires

2:20:04you'd have to burm

2:20:07setbacks

2:20:08some type of foliage architecture around

2:20:11the noise making facility to to reach

2:20:14that 55 del limit that max limit. So um

2:20:19the the single decel kind of regulates

2:20:21that in the way the documents proposed

2:20:24right now.

2:20:26So if they're using the lou the louder

2:20:28it's kind of a sliding scale. The the

2:20:30the high water use is lower power use

2:20:34and the low water use is kind of high

2:20:36power use. So it it's it's kind of a

2:20:39sliding scale and like I say technolog

2:20:40is changing all the time rapidly

2:20:42changing. They could have something

2:20:44brand they've got chips that are dipped

2:20:46in a diode some type of liquid that

2:20:50that's cooling them now. So I don't

2:20:52pretend to be a data center expert. I I

2:20:54understood the the you know the kind of

2:20:56the the the trends enough [snorts] to

2:20:59you know propose these regulations and

2:21:01that that's that's what we're doing here

2:21:02tonight.

2:21:03>> And if we sit in decimals it it don't

2:21:05really matter what they use.

2:21:06>> Correct.

2:21:07>> You got to meet the decimals at the

2:21:08property line.

2:21:09>> If you if you meet the 55 dB at the

2:21:11property line then then that's kind of

2:21:13what you're going to end up hearing at

2:21:14the property line. So to achieve that 55

2:21:18seems like most of these you're at least

2:21:20five or 6 hundred feet away plus they've

2:21:22got the burm and then the trees to get

2:21:24to that decibel level those would be

2:21:26some of the requirements that they would

2:21:27have to be that much distance between

2:21:30them and something else.

2:21:31>> The burm was incredibly effective. The

2:21:34bmss around building 4, all the other

2:21:36buildings did not have bmss and and you

2:21:39could you could hear a hum. You could

2:21:40hear a hum at that level. Um the Burm

2:21:44there were houses on the other side of

2:21:46the road and and you couldn't hear a

2:21:48thing. It was about 40 feet tall uh on

2:21:51the side where the residential

2:21:52structures are and it it was it was

2:21:55incredibly effective.

2:21:56>> But your home still wasn't over 55

2:21:58though.

2:21:59>> No, no, it was

2:22:00>> even at the ones

2:22:00>> well lower than that. Yeah.

2:22:01>> No burn.

2:22:03>> Now the uh at the Any questions about

2:22:05that as I move through? Please ask

2:22:07questions. Um

2:22:11>> okay. Um, at the planning board meeting,

2:22:14we went through the document line by

2:22:15line. You guys have had this document

2:22:17and are familiar enough with it. Um, I'm

2:22:20going to go over the document with the

2:22:23proposed changes that I got from the

2:22:24board and and kind of it's similar.

2:22:31It's similar to this, but there's a few

2:22:33changes that that I'd like to just point

2:22:35out.

2:22:37What what this document does is it

2:22:39breaks down data centers into the new

2:22:43one shows four different scales and then

2:22:46a crypto mining data center crypto

2:22:48mining for this hypers scale AI. The

2:22:51hypers scale would cover both this

2:22:53category and this category. Um in the

2:22:57documentation that's out there hypers

2:22:59scale AI uses a lot more power. So there

2:23:01is a little bit of a difference between

2:23:03that and hypers scale. That's why that

2:23:05difference was in there. It's not going

2:23:07to hurt the document at all to replace

2:23:09this with crypto mining. Um, so and what

2:23:13the new document does, it includes

2:23:16special use class A for the hypers scale

2:23:19and LI right here. It deletes everything

2:23:21right here. So in the PEC that would not

2:23:24be allowed. Um, that that's the changes

2:23:27as proposed with the document that's

2:23:29before me.

2:23:31Any any discussion on that?

2:23:34So you'd be able to do a an edge data

2:23:37center. It's allowed by Reich in all the

2:23:39commercial and industrial districts.

2:23:41That's a little small data center that's

2:23:43associated with a business. Um inter an

2:23:47enterprise data system is a separate

2:23:50building, but the same entity that runs

2:23:52it owns it. It's like Wells Fargo has a

2:23:54data center on Saddles Creek Parkway.

2:23:56That's an enterprise data center. Um th

2:23:59those are kind of allowed everywhere or

2:24:01proposed to be allowed everywhere. Um,

2:24:03you know, that data center in in

2:24:05Winston's been there for for a lot of

2:24:07time and and they had one in the old

2:24:09Sears and Robux building down uh

2:24:13downtown in Winston and you you couldn't

2:24:16hear it at all from the outside. My son

2:24:18works at those has worked at both of

2:24:19those facilities and you can't even hear

2:24:21anything outside.

2:24:23Um,

2:24:25then it jumps up to colo which is kind

2:24:28of the next user. That's that's kind of

2:24:30lease space. That's where

2:24:34an entity says, "Give me your data. I'll

2:24:37take care of it." And there's several

2:24:38different users that go in there. That

2:24:41power level starts to starts to climb.

2:24:44And then the the hypers scale or the big

2:24:47boys. Those are the ones that are, you

2:24:49know,

2:24:51AI crunching numbers. Goo the Google is

2:24:55considered what we looked at would be

2:24:56considered a a hypers scale data center.

2:24:59It's about 1.3 million square ft um at

2:25:05that facility between all the buildings.

2:25:08So any any questions about that? And

2:25:10then the last one's crypto mining.

2:25:14>> I made some notes on it, but I don't

2:25:15know if this is the right time to

2:25:18>> to do to have that conversation or not.

2:25:20Okay.

2:25:20>> If it pertains to this part, I

2:25:26>> So I thought just looking at some other

2:25:28counties in the state, they who had some

2:25:31text amendments. I wanted to get a uh do

2:25:34away with any potential for a data

2:25:37center in a rural commercial community

2:25:39shopping district or community

2:25:41recreational district. So just take them

2:25:44completely off.

2:25:45And then the other thing if if this

2:25:48continues and the planning board can

2:25:51build upon it, I almost would say we

2:25:54simplify

2:25:55the

2:25:57uses instead of having five different

2:25:59data center classes like just have maybe

2:26:03a very small and then everything above

2:26:06it middle and higher just because even

2:26:09saying something like well it's you know

2:26:1220 megawws that's estimated That's still

2:26:15about 14,000 homes.

2:26:17>> Sure. That's a lot of power.

2:26:18>> It's still a lot of power. It is. And

2:26:20there were some examples of data centers

2:26:23even at 10.

2:26:25>> There was one over in Arizona. I didn't

2:26:27I didn't bring that list with me, but it

2:26:29was sitting at about 50,000 square feet.

2:26:31So, even some of the smaller ones

2:26:34can be very large and have a very big

2:26:36impact. So, that's one thing I would

2:26:38like to see. And then you can allow the

2:26:40smaller ones by right

2:26:43maybe five um megawws and under.

2:26:48Everything else I would say special use.

2:26:51So it comes before the board. It comes

2:26:53before the public. And and this is just

2:26:56kind of my general hesitancy with with

2:26:59data centers is there's there's just a

2:27:00lot of ambiguity out there. We we see

2:27:04areas where maybe they didn't have any

2:27:06issues, right? I don't go one way or the

2:27:09other where I'm like, "Oh, it's 100% bad

2:27:11or 100% good." But we've also seen

2:27:14places in communities that have had

2:27:15issues.

2:27:16>> And so

2:27:18I would say it's best to be more

2:27:21restrictive and firm early on

2:27:24and then we can always let up and amend

2:27:27as technology improves or as we learn

2:27:29more. And that's kind of a sounds

2:27:32simple. I'll give you the analogy here

2:27:34is when I was when I taught school, I

2:27:37always told new teachers who were coming

2:27:40in, it's always easier to start very

2:27:42firm and disciplined with your class and

2:27:45let up as time goes on.

2:27:47>> Sure.

2:27:47>> Than be too lax early on and try to

2:27:50impose that discipline further. It might

2:27:53be kind of a silly analogy, but that's

2:27:55that's kind of how I think about it. Um,

2:27:58and that's probably going to be my

2:27:59feedback for a lot. I I agree with what

2:28:01some of my um fellow commissioners have

2:28:03said. I think it's it's a step in the

2:28:05right direction. I just think we've got

2:28:06to take some other steps.

2:28:08>> Okay.

2:28:08>> Um, that that would be my feedback here.

2:28:11>> Okay. So, basically set a threshold

2:28:13wherever that because I have seen the 10

2:28:15and the 20 mega megawatt as a as kind of

2:28:18a threshold for moving up to stricter

2:28:21regulations. I've also seen the 50. So

2:28:23it it's wherever that that that's

2:28:26something that the DEIS will decide

2:28:29where that threshold is if that's the

2:28:30route y'all want to go.

2:28:32>> So for the consumption of the board, I

2:28:33did check and I I got a very quick

2:28:36answer from the state. Uh on-site

2:28:40generation limits. Local governments do

2:28:42not hold a general legal jurisdiction to

2:28:45dictate how an industrial facility

2:28:47generates electricity. Period. uh state

2:28:50and federal pre preeemptions on-site

2:28:52power systems such as backup generators

2:28:55combined heat and power plants or

2:28:57industrial energy setups require

2:29:01air quality, water and utility permits

2:29:04issued by state agencies like the North

2:29:06Carolina Department of Environmental

2:29:08Quality. So those things are housed by

2:29:11there now

2:29:12>> beyond the scope. It's beyond our scope

2:29:14here. Yeah, it's kind of freaky how that

2:29:16came came to me like that, but I was set

2:29:18straight. So, I will admit that.

2:29:21>> And you don't you don't think that's too

2:29:24restrictive?

2:29:24>> I think it is restrictive.

2:29:26>> I mean, you're wanting to be more

2:29:28restrictive.

2:29:30>> A lot a lot more.

2:29:32>> Given the issues and the ambiguity

2:29:35>> and we can always let up

2:29:37>> in time.

2:29:39>> Okay.

2:29:39>> Yeah.

2:29:41>> Uh

2:29:44That again again that's like a again

2:29:47that's like a moratorum that suggests

2:29:53>> no

2:29:54>> I don't know that power usage is in our

2:29:56control.

2:29:57>> It's not well it it's used as a

2:30:00classification.

2:30:01>> It's used as a point of classification.

2:30:03>> Yes.

2:30:04>> That's that's how we because

2:30:05>> but as long as we're meeting the

2:30:07decimals and all that kind of stuff. I

2:30:08mean why do we care how much power to

2:30:10use? Well, the thought process behind

2:30:12that is the more power, the more

2:30:14cooling, the more

2:30:15>> and the price

2:30:16>> infrastructure is there,

2:30:19>> but I get that. But again,

2:30:23>> sir,

2:30:24>> please quit disrupting the meeting.

2:30:25>> Please, we're we're

2:30:28>> we're having a discussion

2:30:30>> and and we will we will have a public

2:30:32hearing to hear from folks in the

2:30:33audience.

2:30:34>> Let's disrupting the meeting. Okay.

2:30:36>> Yeah. Um, so the power usage again, if

2:30:41they got to meet certain decimal points

2:30:44at the property line, you know what?

2:30:48And the water company's selling them the

2:30:50water that they need the water for.

2:30:52Again, I mean, I've been told that the

2:30:53water usage now is minimal.

2:30:56>> Um, sir, please.

2:31:00>> One more thing. I think

2:31:02>> one more.

2:31:03>> Give you two more.

2:31:04>> No, sir. No, sir. That's one right

2:31:06there.

2:31:16continue. I'm sorry.

2:31:20>> Okay. County forgot where I was at

2:31:21there. So, anyhow, we can

2:31:24>> All right.

2:31:25>> Sorry.

2:31:27I I warned him.

2:31:33>> You got to go.

2:31:35Well, you can either move or you can be

2:31:37quiet.

2:31:44>> That's not criticism.

2:31:46>> That's rudeness.

2:31:53>> If I go to jail, I'll sue every

2:31:56two options. Come on. This is America,

2:31:59right? This is America.

2:32:02I hope channel 5 is getting this on the

2:32:04paper here. Come on. Come on.

2:32:08Please

2:32:08>> just step out.

2:32:14>> It's all we ask.

2:32:18>> Don't worry about lighting and sound.

2:32:20It's the It's the environment. It's the

2:32:22air we breathe. We need to breathe fresh

2:32:24air.

2:32:25>> You got to understand, they're having a

2:32:27meeting. They're trying to discuss

2:32:28things. You can give all your comments

2:32:30in the public hearing and they've asked

2:32:32you to do that, but you can't seem to do

2:32:34that. Okay. Why isn't he getting thrown

2:32:37out? Why isn't he getting thrown out?

2:32:39Because I'm not respecting the meeting.

2:32:41You are

2:32:43keeping

2:32:48>> Mr. Mr. Crook and we're going to recess

2:32:52for five minutes. Okay.

2:33:19Heat. Heat.

2:33:37Heat. Heat.

2:33:45Heat. Heat.

2:34:55Heat. Heat.

2:36:31Heat. Heat.

2:41:21Heat. Heat.

2:41:58Heat. Heat.

2:43:02turned back around and um start it

2:43:05again.

2:43:09Okay, Mr. Crook, could you remember

2:43:12where we were?

2:43:13>> Yeah, we we were discussing

2:43:14>> I think Mr. Meiselle was um

2:43:17>> Oh, yeah. I think we were done. We were

2:43:19discussing power level. Uh okay.

2:43:21>> And the the need or not the need for one

2:43:23and and the the only thing I'll say

2:43:25about the power level is where wherever

2:43:27that's set at and is is under that

2:43:30they're a use by right.

2:43:32>> So they could go in without just pull

2:43:34technical permits above it. they would

2:43:37be subject to the special use permit.

2:43:39Without that differentiation, we'd have

2:43:41to kind of group everything together.

2:43:45>> That that's my only that's my only, you

2:43:47know,

2:43:47>> I'd like for you to take notes and when

2:43:49the public hearing comes back up,

2:43:52maybe a little advice.

2:43:53>> Yes, maybe could about

2:43:55>> gentleman beside you and I guess the

2:43:57engineers done left, but

2:43:58>> yeah.

2:43:59>> Okay,

2:44:00>> that's a good idea.

2:44:01>> Yes. Yeah. We'll move on to the

2:44:02>> what what I'm sorry uh what Matt is

2:44:06talking about there that'd be a part of

2:44:08like the a comprehensive environmental

2:44:11assessment.

2:44:12>> Well, no. Basically, you you turn these

2:44:14five lines that are on the screen up

2:44:17here into two. Isn't that what you're

2:44:19talking about?

2:44:20>> So, I'm a small and a large. And then

2:44:22you'd get rid of um those other three

2:44:24districts that I mentioned, the rural,

2:44:27commercial, um the other two. But but

2:44:30then again the the onus is going to be

2:44:34on the larger ones. They're going to

2:44:36have more and more and more restrictions

2:44:38on them. But besides what what you've

2:44:41come up with.

2:44:42>> Well, no, this is just a a effort to

2:44:45classify where does large start, where

2:44:47does small start. Okay.

2:44:49>> That's basically what what this is.

2:44:50>> Okay.

2:44:51>> All right.

2:44:52>> And that's easy. We can put power usage

2:44:53on these five that we got.

2:44:55>> We have it.

2:44:56>> Oh, you Yeah. the definition.

2:44:59There's some ranges.

2:45:00>> I thought I seen

2:45:01>> and that's the thing to do.

2:45:02>> And and that's that's what I was going

2:45:04to I was going to read the definitions

2:45:06next so that we could

2:45:08>> could clarify that.

2:45:09>> I knew I seen them somewhere each one.

2:45:12>> I just didn't have it in my cover. But

2:45:14but those those power levels are

2:45:16debatable and and you know we can change

2:45:18them to whatever

2:45:20>> whatever we want to and if we want to

2:45:21simplify a lot of jurisdictions don't

2:45:24have it broke down to this many types of

2:45:27data centers.

2:45:27>> I had seen any [clears throat] well I

2:45:30don't think I've seen any that had

2:45:32crypto mining in them.

2:45:34>> Right.

2:45:34>> And that's one of my concerns. I'm not

2:45:36so sure. Crypto mining again,

2:45:39[clears throat] we can't stop it, but

2:45:41>> where's my definition?

2:45:42>> It needs to be a separate item.

2:45:46>> Well,

2:45:48>> okay. All right. Okay. Yeah.

2:45:52>> [clears throat]

2:45:52>> Just just for the board's information,

2:45:55currently the document in front of you

2:45:57right now, a data center edge is is a

2:46:01small decentralized facility located

2:46:02close to an enduser or data sources to

2:46:05process information and cache content

2:46:08locally. These facilities shall use

2:46:10under 5 megawatts of power or less for

2:46:12the purpose of this ordinance. So that

2:46:15the there's another piece of information

2:46:17in here. When data centers the the use

2:46:20aspect of it overlaps the power level,

2:46:22the power level wins out. Uh so we're

2:46:25defining it in a tiered power

2:46:28>> configuration.

2:46:29>> Okay.

2:46:29>> Um the way it's proposed and the

2:46:32enterprise data center was between 5 and

2:46:3420 megawws. Those were the two that were

2:46:37proposed as my right. The the colo was

2:46:42um

2:46:42>> something to 99. It was two. It was 200.

2:46:45It was 20 to 100. And then the hypers

2:46:48scale was the same thing.

2:46:50>> Uh well over 100 megawws.

2:46:53>> Okay.

2:46:55>> Okay.

2:46:56>> So is that good enough? I mean power

2:46:58levels.

2:47:03>> So I was looking

2:47:04>> got to take out those other districts

2:47:05>> where you want them to go, right? So

2:47:07you're saying you don't want them to go

2:47:08in rural commercial.

2:47:11Is that right?

2:47:12>> Yep. real commercial, community shopping

2:47:15and community recreational.

2:47:16>> I may want to recommend well office and

2:47:18institutional pro may be an appropriate

2:47:21location for a small small data

2:47:23>> for an edge.

2:47:24>> Yeah, something like that.

2:47:26>> Uh all your phone companies would fall

2:47:29under that category.

2:47:31>> You you you've got you know more than

2:47:33that than I do. So yes,

2:47:34>> they will all fall into that category

2:47:36there. Uh on the edge, all you phone

2:47:40companies will. So

2:47:41>> because they must have it in house.

2:47:44>> Yes, they because they have it inhouse

2:47:47and then they also, you know, they do a

2:47:50colloco

2:47:51uh as well. Most of them do. Most of

2:47:53them sell

2:47:56for lease space for other

2:47:59>> phone companies uh for their data as

2:48:02well. Gotcha. Gotcha. Okay. But yeah,

2:48:06the board I'd like for the board to

2:48:08reach consensus and be comfort. don't

2:48:09have to happen tonight,

2:48:11>> but be comfortable with the power levels

2:48:13and how they're differentiated up,

2:48:15whether you want this many or not. Um,

2:48:18and and we can, you know, we can make

2:48:20that determination.

2:48:21>> I mean, I I don't see anything wrong

2:48:22with this many myself, as long as you're

2:48:25putting them where they need to be and

2:48:26and taking them away from where they

2:48:29don't need to be.

2:48:30>> That's what you're asking.

2:48:32>> We cover infrastructure expansion

2:48:33[cough]

2:48:34like like expansion and stuff like that.

2:48:37And I know the the national counties had

2:48:40a best um

2:48:43it was like a best practice type deal

2:48:46requiring that comprehensive

2:48:48environmental assessments and it listed

2:48:50a bunch of stuff that's covered in here

2:48:53and like talking about what what kind of

2:48:56expansion do you see? What kind of

2:48:58future infrastructure would be placed

2:49:01here that could go under what we're

2:49:03already at on the site. Let's say we get

2:49:06a site and um we have A and B and C can

2:49:10come but we are already voted on under A

2:49:13and B and we we vote on future

2:49:16infrastructure or whatever like that.

2:49:18Well, if and there's some documentation

2:49:20in in the original text that spoke about

2:49:23if you get approved for a colo and that

2:49:26process and you you expand beyond that

2:49:30power level, you'd have to come back and

2:49:32get an additional approval. Gotcha. So,

2:49:34because you're adding more cooling

2:49:35towers, you're adding more noise, you're

2:49:37adding more, you know, things that we're

2:49:39trying to regulate.

2:49:40>> Gotcha.

2:49:40>> Yeah.

2:49:41>> Do we do we regulate EMF and stuff like

2:49:45that?

2:49:45>> Do not

2:49:46>> in here. I

2:49:47>> I don't know how we would.

2:49:49>> Yeah.

2:49:49>> Um I I don't know.

2:49:51>> I'm I'm not the I'm not the expert, but

2:49:53in the in the national counties thing,

2:49:56they said that that's one thing that

2:49:57they would have in here. uh regulating

2:50:00uh electromagnetic fields and I don't

2:50:04know if they produce that but

2:50:05>> well any electrical device does to some

2:50:08extent. Um and I'm not an expert and all

2:50:11I can say Commissioner Elliot is in the

2:50:13documents that I looked at in the other

2:50:15counties I didn't really see that

2:50:16anywhere cuz this this is um when you

2:50:19>> I'll share the one that I got most of

2:50:21this is from Rockingham County.

2:50:23>> Okay.

2:50:23>> Yeah. I mean so that there a lot of this

2:50:25document is from Rockingham and that's

2:50:27that's what you do. you go out and you

2:50:29look at other counties and what they do

2:50:31>> and you know you other ordinances are

2:50:34structured differently. Rockingham seems

2:50:36to be structured very similar to us.

2:50:38>> Yeah.

2:50:38>> So we we took a lot of the language from

2:50:40that ordinance [clears throat]

2:50:42>> the special use. If you want all these

2:50:44to be

2:50:45>> not not edge enterprise anything above

2:50:47five should require should come before

2:50:50us

2:50:51>> like you had low frequency uh sound too

2:50:54like

2:50:55>> well there's a there's a dBA and a dbc

2:50:58uh there can be a 20 decel deviation dbc

2:51:03is the sound level outside of the

2:51:05audible range dba is what you can hear

2:51:07>> okay

2:51:08>> under

2:51:09>> which gets into lower sound and higher

2:51:12sound than the human ear can

2:51:14potential in infrasound things like

2:51:16that.

2:51:19>> Um me and Matt was just talking here. I

2:51:22think the only thing he wants to do is

2:51:23make everything from the data center

2:51:26enterprise down

2:51:28um a special special use permit. Um so

2:51:33>> the edge and the enterprise or just

2:51:35>> leave the edge alone just

2:51:36>> the enterprise

2:51:37>> everything from there down right and I

2:51:40don't I don't have a problem with that.

2:51:425 megawatts

2:51:43>> and and and which and then say your

2:51:45districts again, please, sir.

2:51:47[clears throat]

2:51:47>> Well, you take you take out completely

2:51:49the RCCS

2:51:52and uh

2:51:54>> the CR the CR. Okay.

2:51:56>> Yeah.

2:51:57>> And just allow those by special use in

2:52:00the enterprise.

2:52:01>> Okay.

2:52:01>> So, see, we fix that all we got through

2:52:04there. That's awesome.

2:52:08>> Gotcha.

2:52:09>> Everybody good with that? I do like the

2:52:11facility shall shall use the closed loop

2:52:15and other that that's that uh

2:52:17[cough and clears throat] I don't know

2:52:18what the some it's a it's a closed

2:52:21refrigerant that keeps the it's like a

2:52:24thousand gallons a day. [clears throat]

2:52:26>> Well, the thought is that and and the

2:52:30audience may disagree. We can make more

2:52:32power. We can't make more water. So, so

2:52:34to protect the water was the primary

2:52:36reason or the rationale behind requiring

2:52:40non-eaporative

2:52:42uh cooling systems where the water vents

2:52:44off into the atmosphere.

2:52:49>> All right. So, we made it through the

2:52:51first page. [laughter]

2:52:54>> Yes, sir. [clears throat] Okay. Page

2:52:56two, it starts off with data center up

2:52:58at the top. Um,

2:53:04let's see. All right. There's a couple

2:53:07additions on this one um that I'd like

2:53:11to talk about. This says classification

2:53:14of data center. The determining factor

2:53:17in classifying what type of data center

2:53:20is being proposed will be the amount of

2:53:23power used by the facility upon

2:53:26completion of the project buildout. So

2:53:30that's just a classification that once

2:53:33it's done, what level are you going to

2:53:34be? And that's the classification we're

2:53:36going to use. You may you may may phase

2:53:38it. You may start off small and get

2:53:40bigger, but we're going to approve the

2:53:42whole thing up front. And we need to

2:53:44know what that is. Um [clears throat]

2:53:47there was a a a friendly amendment that

2:53:50says instead of this saying proposed

2:53:52buildings or structures to say location

2:53:55of all development areas of the proposed

2:53:58buildings and structures.

2:53:59>> Yeah.

2:54:00>> Okay.

2:54:00>> That mean that just shows everything

2:54:02they got up front.

2:54:02>> Right. Right. Yeah. Yep.

2:54:05>> Okay. The rest of the the document in

2:54:07front of me is the same as up here until

2:54:10we get down to sound level. This is

2:54:12where the 55 del level comes into play.

2:54:15>> Just so the public knows, you know, we

2:54:17require sound study by an accredited

2:54:20professional. Landscaping and buffering

2:54:22plan shown to be in compliance.

2:54:24Exterior lighting plan that shows

2:54:26compliance to the lighting standards

2:54:28set. Emergency operation plan. We will

2:54:30require

2:54:32vibration impact study prepared by

2:54:34qualified professional

2:54:37decommissioning plan and financial

2:54:39assurance.

2:54:41um North Carolina commercial driveway

2:54:42permit. That's a given. And a

2:54:45certification on how much power the

2:54:47proposed data center will use. That's

2:54:48pretty much where you are. Just so the

2:54:50public knows, Lee, absolutely what we're

2:54:52covering. Okay. Because when we skip,

2:54:54they don't know.

2:54:55>> That was a lax on my part.

2:54:56>> All right. No, you're good. I just think

2:54:58that's where we need to be

2:54:59>> for the submissions. Lee, are we going

2:55:01to go one at a time or should we if we

2:55:03think there should be other things

2:55:04submitted? Do we need to bring that up

2:55:05now or wait? I

2:55:06>> I would suggest we bring it up now since

2:55:08we're at that spot.

2:55:09>> Yeah. if if you're in this area, now's

2:55:11the time to

2:55:12>> That's what I I don't want to throw us

2:55:13off again. Um, so walk me through the or

2:55:17explain what from an environmental

2:55:19standpoint because I know there's where

2:55:21some of the the concerns are are coming

2:55:23from. Is there an environmental impact

2:55:26assessment and what does it entail?

2:55:30>> Well, that is a state level that is a

2:55:34state level permit that will have to

2:55:36take place.

2:55:36>> Okay. Uh I and I don't know the details

2:55:39of it because it's at the state level.

2:55:41But I do know with projects of of these

2:55:44sizes, you'd have to do that. I mean,

2:55:47that's stuff to be on. And what I kind

2:55:48of heard is that let everyone kind of

2:55:51stay in your own lane and let the state

2:55:54take care of those impacts and and

2:55:56they'll have to go through those

2:55:57processes.

2:55:59>> The re and the reason I asked was I

2:56:01think I was looking at Chattam County.

2:56:03I've looked across the state at so many

2:56:05text amendments at this point for for

2:56:07data centers. I think Chadam asked for

2:56:11um or has in their um policy that

2:56:15you conduct an environmental impact

2:56:17assessment by a qualified independent

2:56:19third-party

2:56:21environmental consulting firm. So is is

2:56:24that perhaps layering on top of what the

2:56:27state does and maybe going a bit

2:56:29further?

2:56:30>> Well, the state has the right to ask for

2:56:32that. Um and and

2:56:34we can ask for that and that'll build

2:56:37into the state permit, but we we have no

2:56:40way of regulating that other than just

2:56:42to ask for the impact.

2:56:43>> So then we can include it though on here

2:56:44as one of the submissions.

2:56:46>> Good.

2:56:47>> But we don't have anybody here that can

2:56:49read it. We'd have to hand it off to the

2:56:51state because that's the state.

2:56:52>> That's that's what I was speaking of

2:56:55earlier. That was on the uh National

2:56:57Association of County Commissioners.

2:57:00that was on their like best practices

2:57:02sheet

2:57:04>> and most of the time these big

2:57:05corporations like this do an

2:57:07environmental impact study anyhow

2:57:08>> anyway

2:57:09>> you know because I know we had um Amazon

2:57:12looking several years back and they done

2:57:15come out and done their environmental

2:57:17impact study and blah blah blah and then

2:57:19decided to leave you know

2:57:22>> certain developers will do the same

2:57:23thing to show their land is is clear of

2:57:26wetlands or anything like that

2:57:28>> so the core of engineers looks at all

2:57:29the streams the state diner people looks

2:57:31at all the land movement and

2:57:33developments and erosion control issues.

2:57:35So there's already safe safe places in

2:57:37>> safety net. So again there's so then

2:57:39there's no there's really no added issue

2:57:42in including it then just to make sure

2:57:43it's in there.

2:57:44>> I mean they're going to have to have it

2:57:45anyhow.

2:57:46>> So might as well document it.

2:57:48>> So environmental impact analysis

2:57:52>> assessment assessment

2:57:54>> comprehensive environmental assessment.

2:57:56Yeah.

2:57:57And then the only other one I had for

2:57:59the submission piece was

2:58:02>> can I amend that? If if

2:58:06they're not required to do it by diner

2:58:08or by a government,

2:58:11you understand what I'm saying? Require

2:58:12them to have one unless they've got to

2:58:14have it already for

2:58:16>> for another government agency

2:58:19>> official. Yeah.

2:58:22>> So they would they would just use the

2:58:23state one and that Yeah. I mean that

2:58:25makes sense.

2:58:26>> Yeah. Would the

2:58:27>> And we would just want the report,

2:58:29>> right?

2:58:29>> Right.

2:58:30>> Yeah. That's all we want is the report

2:58:31off of it.

2:58:33>> Would the state cover all those bullet

2:58:35points? because the the bullet points

2:58:37that that I saw and I'll just read just

2:58:39a few of them off that National uh

2:58:42Association of County Commissioners was

2:58:44water consumption, wastewater impact,

2:58:46storm water, air emissions, backup

2:58:48generators, greenhouse gases, noise,

2:58:51infrasound and low frequency sounds,

2:58:54electrical demand, transmission and

2:58:56utility, affordability and reliability,

2:58:59infrastructure expansions, and then

2:59:01electromagnetic fields. seems kind of

2:59:04broad for Diner or

2:59:08>> well Deiner handles air quality control.

2:59:11Uh now I don't know about the magnet.

2:59:12>> I doubt they I doubt the state would

2:59:14require all of that.

2:59:17>> Um again if the if the state don't

2:59:19require I'm not so sure we can require I

2:59:22mean we can require it but what we going

2:59:23to do with it? you know,

2:59:27if the state I mean, the state's pretty

2:59:29much in charge of the the air quality,

2:59:33the erosion part, the

2:59:35>> environmental impact [clears throat] on

2:59:36>> environmental impacts on site. Um,

2:59:39>> Chris, are you saying it leaves out

2:59:41pieces that you want in?

2:59:43>> If if we just go by the state, we're not

2:59:46going by the best practices that I I

2:59:48pulled off that site. Gotcha. So it

2:59:50might, you know, just pick and choose

2:59:53what you want, but best practices were

2:59:55the best practices. So, um,

2:59:59>> how would that be worded if we were to

3:00:00include it as one of the submissions?

3:00:02>> I don't know. They they just had on the

3:00:04website the comprehensive environmental

3:00:06assessments and I would just say the

3:00:08staff could look at that and then pull

3:00:09off what they deem necessary and, you

3:00:12know, pardon.

3:00:17Okay.

3:00:18>> All right.

3:00:19I mean, I don't have a problem either

3:00:21way. I mean, that's fine. I'm like I

3:00:23say, I'm not so sure Lee and them is

3:00:24going to look at this report and go,

3:00:26>> well, and you know, if if it's the

3:00:29board's desire to do that, it

3:00:33as part of the special use process,

3:00:35which is what we're developing tonight,

3:00:38this information is measured against

3:00:41four general standards. One of those

3:00:42general standards speaks to public

3:00:44health, safety, and general welfare.

3:00:46That could be a document that speaks to

3:00:48that. and and helps you know that

3:00:51application pro prove that it's that

3:00:53it's there. So it it could be useful in

3:00:55our process.

3:00:56>> We really won't have the the the

3:00:58expertise to kind of know what it says.

3:01:01>> But if the state

3:01:02>> we hand it off to the state and let them

3:01:03do it,

3:01:03>> right? If the state or a third party

3:01:06group says that what they're proposing

3:01:08safe, then that would speak that's a

3:01:10document if I were the applicant, I

3:01:12would submit to this board who will be

3:01:14approving that special use permit and

3:01:15say, "Look, we've got an environmental

3:01:17assessment. I'm good with that. Let's

3:01:18put it in there rolling.

3:01:23>> Yeah, the applicant can have an expert

3:01:25to come and speak on it

3:01:26>> because we had to do it at the

3:01:27industrial park out there. We done all

3:01:29all that stuff. Yes,

3:01:30>> sir.

3:01:31>> So, it's not that big a deal.

3:01:34>> Said the state's going to require most

3:01:36of it anyhow.

3:01:36>> Okay. Okay. Anything else?

3:01:39>> The the last piece for this emissions is

3:01:41I know we talked about that we don't

3:01:43control utilities. However, I did see

3:01:46some examples where during the permit

3:01:49process, um, some of the counties have

3:01:51recommended or actually stated they want

3:01:53a written statement from the electrical

3:01:55provider that shows there is capacity

3:01:59and the center would not cause any

3:02:00disruption to folks.

3:02:02>> I saw that quite a bit and

3:02:04>> I think that'd be a safe one. That's

3:02:05kind of what you know we decided to

3:02:07>> What level was it that in the economic

3:02:10development commission meeting did they

3:02:11report that Duke requires

3:02:14>> oh at a certain level

3:02:16>> large load customers Duke requires large

3:02:19load customers and that's recently been

3:02:21moved from 100 megawatts to 50 megawws

3:02:24like a couple weeks ago they have to

3:02:27that process you submit $120,000

3:02:31and their engineers take three months to

3:02:34design the load load that you're asking

3:02:35for. They give you a report that says

3:02:39give you this load at this time and it's

3:02:41going to cost this much. You've got 30

3:02:43days to say yes or no. And if you say

3:02:46yes, Duke says you got to give us 90% of

3:02:49the infrastructure buildout cost

3:02:51upfront. It's non-interest earning, but

3:02:54it is refundable if the project goes

3:02:56away. Now, that's a Duke Power process.

3:02:59And I I understood the gentleman from

3:03:01EMC that came in, they have a similar

3:03:03process. I don't know the details and

3:03:06where the the thresholds are that

3:03:08require that, but Duke says anything

3:03:10over 50 megawws is a large load

3:03:12customer. That's kind of where I got my

3:03:1450 from and and but you know that can be

3:03:17we can go smaller than that if we want

3:03:18to.

3:03:20>> He's just talking about for the water

3:03:22consumption.

3:03:22>> Right. Right.

3:03:24>> I mean really that's up to the water to

3:03:26me that's up to the utility

3:03:28>> electricity but they have a statement.

3:03:31Electric City have a statement for water

3:03:34power.

3:03:34>> I was saying for power.

3:03:36>> Oh, they got to do that anyhow. Yeah.

3:03:37>> Well, the for our submitt

3:03:40and I left it out of this because I I

3:03:42got direction from the board that we

3:03:43didn't want to regulate the utilities.

3:03:45No water or power in our regulations. Um

3:03:49I did see that [clears throat]

3:03:50everywhere else. I mean, it's it's

3:03:52basically a piece of paper that says

3:03:54from the provider, we've got enough

3:03:56water that it won't hurt existing

3:03:57customers or we've got enough power that

3:03:59it won't hurt existing customers for

3:04:01this load to be

3:04:02>> say that's a regulation. I think that's

3:04:03just

3:04:04>> Can I get clarification on um because

3:04:08you you said you heard from the board

3:04:10that we don't want regulations on

3:04:12utilities.

3:04:13>> I heard we can't.

3:04:16>> No, no, no. I never said we couldn't. I

3:04:18took kind of direction from the

3:04:20workshops that

3:04:22>> we didn't want to.

3:04:23>> Yeah, that's not our profession. It's

3:04:25all in there.

3:04:26>> Other ordinances have that in there, but

3:04:28it it's, you know, it's a it's a piece

3:04:30of paper and there's really no

3:04:33>> let's say they they submit that they've

3:04:36got the power

3:04:37>> and the power starts acting up.

3:04:39>> Yeah.

3:04:40>> We don't have the expertise to tell

3:04:41what's causing that. It may be the data

3:04:43center. It may be something. Who knows?

3:04:45Uh it's it's something that's kind of

3:04:47uninforcable by us other than again in

3:04:51that process you've got a utility

3:04:53provider stating yes we we're look we've

3:04:56looked at this and should be able to

3:04:57provide power to this facility and

3:04:59maintain the same level of customer

3:05:01service that we have to the existing

3:05:04customers on that circuit or in that

3:05:07pressurization zone if it's water or or

3:05:10whatever. What benefits were the

3:05:12regulations that other uh municipalities

3:05:15or or counties used in that situation?

3:05:18What benefit would it benefit them? So,

3:05:20>> it's just a document from the utility

3:05:21provider stating they can do it. That

3:05:23that's that's a

3:05:25>> why is that not enough

3:05:26>> in in my in my

3:05:27>> that's enough my expertise. He's saying

3:05:30that we don't want that.

3:05:32>> Madam Chair,

3:05:33>> Senate Bill 7:30 addresses water and

3:05:36power and the rateayer protection act

3:05:38that they're considering in Raleigh.

3:05:40That would that would [clears throat]

3:05:41handle a lot of what our discussion.

3:05:44>> All right.

3:05:44>> But that's a would a could a should.

3:05:46>> It has not passed yet.

3:05:47>> Hasn't passed.

3:05:48>> Yeah.

3:05:48>> But what I'm saying the power companies

3:05:50is not going to give them they're not

3:05:51going to invest the money if the power

3:05:53company's not going to [clears throat]

3:05:54give them the power.

3:05:55>> I'm just saying we're talking about a a

3:05:57a very simple mute point that all we

3:05:59want is from a a letter from them saying

3:06:02that, hey, you've got the power to be

3:06:04able to to [clears throat] supply this.

3:06:06It's not going to

3:06:07>> that that has to come that have to come

3:06:09from Duke.

3:06:10>> Well, it would have to come from the

3:06:12provider.

3:06:12>> Provider.

3:06:13>> Yeah. Whatever the provider.

3:06:14>> But would that require a regulation from

3:06:16us asking?

3:06:17>> We can we can put that as a submitt. I

3:06:19mean, that's that's

3:06:20>> Do you mind that? I mean, I wouldn't

3:06:21mind just having a letter saying, "Hey,

3:06:23yeah, we we've got the power to do it."

3:06:25>> The the economic development gentleman

3:06:28we spoke with at the EDC meeting, he

3:06:30said if they haven't talked to Duke and

3:06:32they can't produce some something from

3:06:33Duke, don't even talk. They ain't even

3:06:35looking.

3:06:36>> They're not even serious.

3:06:38>> Yeah.

3:06:41>> So, that's the two two questions you ask

3:06:43right up front. Have you talked to Duke

3:06:44Energy? What did they tell you?

3:06:46>> The option.

3:06:46>> If they can't answer those two, there's

3:06:49nothing to talk about.

3:06:50>> The option is to let it self-regulate or

3:06:52get a piece of paper from the provider.

3:06:54I don't know that we can enforce any of

3:06:56it.

3:06:57>> We can't enforce it,

3:06:58>> right? We should ask for that.

3:07:01>> Okay. I mean, that's

3:07:03>> I'm good with asking for it. If they

3:07:04don't provide it, I'm not so sure what

3:07:06we do.

3:07:06>> We don't want them anyway.

3:07:07>> Right.

3:07:08>> Right. You're not going to

3:07:09>> because they haven't done their due

3:07:10diligence.

3:07:10>> That's right.

3:07:11>> But like I say, it's just like he just

3:07:12said, they not coming here if they ain't

3:07:14got the power worked out already. So

3:07:17>> So power and water for that.

3:07:20>> Yeah.

3:07:20>> Something from power and water provider.

3:07:22>> Okay.

3:07:23>> Simple. Something simple. We can Okay.

3:07:26>> We can regulate them to death.

3:07:29>> Um that we're good there. Any more on

3:07:32the submittals?

3:07:34Okay. Uh, moving to sound levels.

3:07:37>> Uh, one thing I did want to do too

3:07:39though, I'm sorry. Groundwater. No

3:07:41ground water.

3:07:42>> Okay.

3:07:43>> I don't think that I seen that in there

3:07:45anywhere.

3:07:47>> Okay.

3:07:47>> So, I don't

3:07:49>> I did not have water usage in here. So,

3:07:51we can we can definitely address that

3:07:54>> now

3:07:56because it was going to be self

3:07:58regulated. Well, I did have water usage

3:08:00in here. Um,

3:08:01>> yeah, somewhere I seen it's in the back.

3:08:03It says,

3:08:04>> "Yeah, I've got in there." Facilities

3:08:06shall connect only to public water.

3:08:08Private wells are prohibited. Okay.

3:08:10>> Septics shall only be permitted for

3:08:12domestic office usage and not to be

3:08:15utilitized or any disposal related to

3:08:19data processing and its ancillary

3:08:21systems.

3:08:22>> All right, I missed that. Sorry about

3:08:23that.

3:08:23>> What page are you on?

3:08:25>> I am on V20 of the original document.

3:08:28[clears throat]

3:08:28>> Okay.

3:08:32And it's V20 of of the document in front

3:08:34of

3:08:35>> Long as it's in there, that's good.

3:08:36>> Okay.

3:08:37>> I don't care where it says it's in

3:08:39there.

3:08:40>> We We didn't want them pulling

3:08:42groundwater out if anybody was on a well

3:08:44and and cause that to dry up.

3:08:45>> I found it. Thank you.

3:08:47>> Mhm. No problem. All right. Ready to

3:08:49ready to move on?

3:08:50>> Mhm.

3:08:50>> Okay. We we're at a sound levels. uh

3:08:54data center facilities, power

3:08:55association generation equipment shall

3:08:57be engineered to always maintain a

3:09:00routine operational maximum noise

3:09:02threshold of 55 dB or less as measured

3:09:04at the lot line. In addition, a C-

3:09:07weighted sound level measured

3:09:08concurrently shall not exceed an A

3:09:11weighted level by more than 20 dB. And

3:09:13again, what I talked about earlier,

3:09:15Aweing is what you can hear. C weighting

3:09:18goes be above and beyond that spectrum

3:09:22and you can only uh 20 20 it can only

3:09:26vary by less than 20 dB.

3:09:28>> Okay,

3:09:28>> good with that.

3:09:30>> Um two pre-construction ambient noise

3:09:33study prepared by a licensed engineer

3:09:34will be required as part of the

3:09:36application. This study will show a

3:09:38baseline ambient noise at the property

3:09:40measuring existing noise levels on the

3:09:42site before construction. The study will

3:09:45include modeling to simulate future

3:09:47noise impacts and plans for mitigation.

3:09:51So they make a plan, my plant's going to

3:09:54make this much noise. This is how we're

3:09:56going to get it down to 55 dB at the

3:09:58property line on the property as

3:10:00proposed.

3:10:02>> Lee, should we for the ambient noise,

3:10:04let's say it's uh comes out at like 45

3:10:08instead of not 55. So we're saying

3:10:11though they could still go up to 55,

3:10:13>> correct? Yes, sir.

3:10:14>> Again, I think it was maybe Bunkome

3:10:16County that had where they actually use

3:10:19the ambient noise level as part of a

3:10:23reference point before you even get to

3:10:24the threshold. They would say if the if

3:10:26the whatever the ambient noise is, we

3:10:28give you some flexibility to go up by

3:10:31five dB and then overall you still have

3:10:34the max of 55 which takes into account

3:10:37kind of the the unique areas because you

3:10:39could have a much more quieter area and

3:10:41you don't want to give them that full

3:10:42max of 55. So they still have to come

3:10:44down to that am or close to the ambient

3:10:47level. Well, the the the ambient level

3:10:50will change throughout the year. It'll

3:10:52go up and go down depending on the time

3:10:54of the year it is. And that that's the

3:10:56that's the only like in my experience,

3:11:00you can go out in the middle of summer

3:11:03and you will not you it'll be louder

3:11:06than what we heard. It'll be in the 50s

3:11:09with with tree frogs, you know, making

3:11:11all that noise. In the winter time or in

3:11:14the fall, those things are gone. And you

3:11:16you may get down into the mid40s for

3:11:18ambient level just depending on where

3:11:20you're at. Maybe I need to look more

3:11:22more at their study because I don't know

3:11:24all the details that they went in there.

3:11:26Sure. Uh have you seen it done before

3:11:28where they use kind of a before this is

3:11:30constructed?

3:11:31>> This is kind of the set standard. How

3:11:33would they go about it if it does change

3:11:34as you said throughout the year?

3:11:38>> Well, or do they not generally use that?

3:11:40I'm not familiar with that. I did see

3:11:42where they did some day and night. You

3:11:44know, 55 day, 45 night.

3:11:46>> Y'all can't leave yet. Excuse me. Y'all

3:11:48can't leave yet.

3:11:50It's just It's just getting good.

3:11:53>> Y'all need to get warmed up here.

3:11:57>> Yeah. All right. Sorry about that. I

3:11:59just

3:11:59>> All right.

3:12:01>> Didn't think they ought to be leaving

3:12:02yet,

3:12:05>> but

3:12:06um with respect to Yeah. I mean, it it

3:12:10turns into

3:12:13the the philosophy of the full board and

3:12:15how strict you want to be. Um, you know,

3:12:18you heard 53 dB.

3:12:21>> You can carry on a conversation just

3:12:23like we're talking right now. If it's

3:12:25quiet at night, you're going to hear a

3:12:26little hum. You'll hear a hum across the

3:12:28street from from the facility. Um, is it

3:12:32reasonable? Is it unreasonable? That's a

3:12:35subjective term because the the goal is

3:12:38to regulate the facility so people can

3:12:41still have enjoyment of their homes

3:12:43without it being a nuisance. And all

3:12:45those are subjective terms. That's the

3:12:47goal.

3:12:49Or do we just go down a little bit from

3:12:51the 55 instead of

3:12:52>> I think 55 is pretty fair because

3:12:54remember now what I'm saying when you

3:12:56start regulating this noise at the

3:12:57property line, you're going to have to

3:12:58start doing it to everybody.

3:13:00>> I don't think you can meet 55 if you was

3:13:02anywhere close to 85,

3:13:04>> right?

3:13:04>> Because I I live probably about a

3:13:06quarter of a mile off 85 and I hear them

3:13:08cars all in them little rumble strips

3:13:11all through the night.

3:13:12>> I live out in the country on a two-lane

3:13:14road that there's hardly no traffic on.

3:13:16Mine's 48.

3:13:18>> Well, we haven't talked about the

3:13:19buffering yet either, which will have a

3:13:21buffering. Yeah. But again, at 55,

3:13:23that's all they can get is 55. And you

3:13:26seen the cars going by a while ago. It

3:13:27was 58 or 60 or 60 something.

3:13:30>> 62

3:13:32>> whenever the car.

3:13:33>> Well, they have to grass too.

3:13:36>> So, and again, yeah, I used to live up

3:13:37here on 64 and right there at 65 64 and

3:13:4185. And ain't no telling what my

3:13:44decimals were there. You kind of get

3:13:46used to the trucks coming by at night.

3:13:47So,

3:13:48>> you learn to go to sleep.

3:13:49>> I use the analogy of the train on 52

3:13:53started dating my wife.

3:13:54>> First time I went over there for

3:13:56Christmas dinner,

3:13:57>> the train came through just across the

3:13:59street at Carter Lumber. I dove under

3:14:00the table because I thought the world

3:14:02was ending.

3:14:03>> They didn't even hear it. They didn't

3:14:05They don't pay attention to it. Yeah.

3:14:07>> I was It scared me to death. The house

3:14:09was rumbling and shaking and I was like,

3:14:11"Oh my gosh."

3:14:12the train. I'm sure you can hear the

3:14:14train come through at night, Chris, at

3:14:153:00 in the morning.

3:14:16>> We got a train that goes from New

3:14:18Orleans to New York every night.

3:14:20>> Right. Right.

3:14:22>> Well, and a lot of the more restrictive

3:14:23rules that I've seen in in our state are

3:14:26closer to our 55 that we have here

3:14:28because I think Cumberland County

3:14:30actually had their minimum at 60.

3:14:31>> Oh, wow.

3:14:32>> So,

3:14:33>> yeah.

3:14:35>> I think pretty considerate. It just

3:14:37depends on where you want to set

3:14:38reasonable reasonableness at and you

3:14:41know you heard 53 54 there. So

3:14:45>> and and I think it may be hard to hold

3:14:48like Chris said you know these folks has

3:14:50got a lot of money so they can meet the

3:14:5155.

3:14:52>> I'm not so sure you're going to take the

3:14:54gentleman just left and all is going to

3:14:55be able to afford to get to 55. You know

3:14:58we're just small business people

3:15:00>> that and again that's what I'm saying.

3:15:02This is a slippery slope because now

3:15:04you're starting to tell people, you

3:15:06know, are you going to kill the economy

3:15:08because

3:15:10um the decimals are over 55. I just

3:15:12wanted us to talk about that though and

3:15:14think, you know, we could be

3:15:16discriminating somewhat. But

3:15:17>> well, if they're willing to do it,

3:15:19that's great.

3:15:20>> Fortunately for for the structure of the

3:15:22special use would allow us to impose

3:15:24that. And yeah, anybody can challenge

3:15:26that whether it's reasonable or not. if

3:15:29it's if it's designed to to mitigate a

3:15:32an issue, that's what the special use

3:15:34process is for. So, and like we do have

3:15:37precedent for it, but I think a broader

3:15:40discussion has to take place for

3:15:41something countywide. Um to to because

3:15:45you got a lot less setbacks. We're going

3:15:46to be talking about, you know, 200 foot,

3:15:49500 foot, and 1000 foot setbacks here in

3:15:51a minute depending on what's adjacent to

3:15:53the to the facility. So, um anyway.

3:15:57>> Okay.

3:15:57>> All right. Um,

3:15:58>> and I'm not good with doing that

3:16:00countywide. I'm, you know, because

3:16:01again, that's just

3:16:02>> it's a discussion.

3:16:03>> It's a discussion.

3:16:04>> Right. Right. Uh, number three, an

3:16:06acoustic study prepared by licensed

3:16:08engineer will be required prior to the

3:16:10issuance of certificate of occupancy to

3:16:12ensure compliance with the

3:16:13pre-constructed ambient noise study. You

3:16:15said you're going to be here. Show us

3:16:17you're there. Give us a study to show us

3:16:20you're there. Number four, everybody,

3:16:22and please stop me if I'm moving too

3:16:24fast. Um, for written consent from the

3:16:26applicant that upon receipt of verified

3:16:28noise complaint, the zoning

3:16:29administrator may require the owner to

3:16:30submit at the owner's expense an

3:16:32additional acoustic study prepared by

3:16:34mutually agreed upon thirdparty engineer

3:16:37to ensure compliance with these

3:16:39standards and verified noise complaint.

3:16:43That's going to be our staff going out

3:16:44with our meter and if it peaks out over

3:16:47it's a it's a calibrated

3:16:50uh noise

3:16:52decibel reader and if it peaks out over

3:16:54the 55 we're going to ask them to do a

3:16:56study. Is everybody comfortable with

3:16:59that process?

3:17:01>> Okay. Number five, that number five is

3:17:04if acoustic study shows a facility is

3:17:06not compliant with these requirements,

3:17:08the owner or operator will have 30 days

3:17:09to submit a plan for changes to resolve

3:17:13the matter to the zoning department

3:17:14after work um after work contemplated in

3:17:18the plan is completed. An additional

3:17:20acoustic study will be sent to the

3:17:21planning department within 30 days of

3:17:23completion.

3:17:24Everybody good? Okay. Number six,

3:17:27emergency operations shall not be

3:17:29subject to these standards for the

3:17:31proposed of this section. The term

3:17:32emergency shall mean any situation

3:17:34arising from sudden and reasonable

3:17:37unforeseen events beyond the control of

3:17:39the facility operator which situation

3:17:42requires immediate use of emergency

3:17:44generators or other equipment to restore

3:17:47normal operation of the property. Hey

3:17:50Lee, have we ever have we seen where

3:17:52they uh they do the maintenance of the

3:17:54generators? So I know they run their

3:17:56generators during the day. We have

3:17:58certain periods of time where they can

3:17:59run those to test them. 15 general

3:18:02maintenance.

3:18:03>> 15 minutes a month is I think what the

3:18:05requirement is.

3:18:06>> Gotcha. Okay.

3:18:09>> So, we're ready to move on to

3:18:11landscaping.

3:18:12>> I got a question.

3:18:13>> Yes, ma'am.

3:18:14>> What is attached to the agenda is not

3:18:16what you're reading.

3:18:17>> This is the This is the copy that I got

3:18:20from this. This has notes from the

3:18:21board.

3:18:22>> Would you like me to save that and pull

3:18:23it up?

3:18:25>> Absolutely. If we can put it on the

3:18:27screen, that'd be great.

3:18:30>> Okay. landscaping standards B. A 100 ft

3:18:34vegetative buffer shall be preserved or

3:18:36established creating an opaque

3:18:37vegetative screen on any exterior

3:18:40property line adjoining a currently zone

3:18:42residential or agricultural parcel of

3:18:44land. I use those two pieces that

3:18:47residential and agricultural because

3:18:50there is a some case law I think it was

3:18:52uh Capital Outdoors versus Guilford

3:18:54County Board of Adjustment. A judge said

3:18:57that RA is not considered residential.

3:19:00So unless you're inclusive of both of

3:19:02those types of zoning classification

3:19:05that that 100 foot vegetative buffer

3:19:08would not apply. So we put residential

3:19:11and agricultural because there's a lot

3:19:13of houses in RA districts, more houses

3:19:15in RA districts than any other district

3:19:17we have. Um

3:19:20this applies to any part of the proposed

3:19:22data center facility used included

3:19:24including the main building or

3:19:26buildings, mechanical equipment, cooling

3:19:27systems, loading areas, backup

3:19:29generators, utility substations, battery

3:19:32energy storage systems, power generation

3:19:34facility, and any other structures

3:19:36associated with the data center facility

3:19:38use.

3:19:41That we're good there.

3:19:43How what are some other uh examples that

3:19:46you've seen? Because I've seen some

3:19:47going to like 200 foot vegetative

3:19:50buffer.

3:19:51>> That that's a decision we can make.

3:19:54>> We're going to leave the noise at 55 200

3:19:59buffer would be much stronger.

3:20:01>> It Wilson County Wilson County had that

3:20:03as uh I think in theirs.

3:20:06>> Yeah, I saw that too.

3:20:09I I kind of picked middle of the ground

3:20:11for the proposals. And again, these are

3:20:13all proposals. That's

3:20:14>> well, and they can always it's a it's an

3:20:16amendment. We can always go back to and

3:20:18and modify if we feel the need at some

3:20:20point. But again, I go back to what I

3:20:22was saying. I'd rather be a little more

3:20:23restrictive and cautious initially.

3:20:26>> Are you going to make the whole thing

3:20:27more restrictive?

3:20:29>> Most of it.

3:20:30>> Okay. [laughter]

3:20:31>> So, so what we're asking for now is a

3:20:33200 foot and residential and uh

3:20:36>> agricultural adjoining those. I'm good

3:20:37with that.

3:20:38>> You you don't you don't have to do that

3:20:39against and we'll get into that.

3:20:41>> I'm good with that. That's okay.

3:20:42>> Okay.

3:20:43>> Okay. Whatever.

3:20:45>> All right. We change that to 200. Uh

3:20:47number two,

3:20:48>> change everything an extra hundred.

3:20:52>> Burns may be used to reduce the 100 foot

3:20:54required now 200 foot required

3:20:57vegetative buffer to 50 now to 100 ft.

3:21:02Cut it in half in width. If said berm is

3:21:05is um

3:21:0840 feet in height and has a 2 to one

3:21:11horizontal to vertical slope and is

3:21:13covered with evergreen landscaping that

3:21:16will reach a minimum of 20 ft in height

3:21:18at maturity as designed by a landscape

3:21:21professional. The burm can be located

3:21:23within the required 200 foot buffer. So

3:21:26if they build up if they decide to let's

3:21:29say take half of that 200 foot buffer

3:21:31and construct a 40ft burm 2:1 cover it

3:21:34with vegetation that's a much more

3:21:36effective sound barrier than just trees.

3:21:39>> So we would give them

3:21:41>> so they come back to the 100 foot they

3:21:43just got to put the burm up.

3:21:44>> Yes sir.

3:21:45>> Good with that?

3:21:45>> Yep.

3:21:46>> Okay. Number three existing mature

3:21:48vegetation shall be preserved where

3:21:50practicable. Pretty much common sense.

3:21:53Uh number four. All required landscaping

3:21:55buffers shall be maintained by the

3:21:57property owner in a healthy living and

3:21:58effective condition for the life of

3:22:00development. Any tree, shrub, or other

3:22:01plant material that dies, becomes

3:22:03diseased or fails to provide the

3:22:05intended screening effect shall be

3:22:07replaced within 6 months with plant

3:22:09material of comparable species size and

3:22:13screening capacity. Take care of your

3:22:15screening buffer.

3:22:18Okay. Five. Landscaping is not required

3:22:22if the adjacent property is commercial

3:22:24or industrial or where determined to be

3:22:27unfeasible for the purpose of the

3:22:29construction, roadways, private or

3:22:31public utilities and related easements,

3:22:34fire life, safety or security and

3:22:36county, state or federal requirements.

3:22:40Now, that's a little different than the

3:22:42original document. had had a planning

3:22:44board member

3:22:46uh said, "My my business is RC and I

3:22:49wouldn't want one of these things. I I

3:22:51wouldn't want them not to have that

3:22:53requirement next to my and that would be

3:22:56included in commercial." I just wanted

3:22:57to bring that point out. So, we in the

3:23:00other the other one we listed the

3:23:01specific districts uh that it that you

3:23:05would delete the landscaping buffer. I

3:23:07think it was CSHC,

3:23:09LI, HI, MXC, and PEC. You wouldn't have

3:23:14to do the buffer next to those

3:23:15non-residential classifications, but

3:23:18that's open to for debate.

3:23:21[clears throat]

3:23:28Move forward.

3:23:31Okay. Setback requirements. Number one,

3:23:34setback requirements shall be shall

3:23:36apply to any part of the data center

3:23:38facility, including the main building or

3:23:39buildings, mechanical equipment, cooling

3:23:41systems, loading areas, backup

3:23:43generators, utility substations,

3:23:45battery, battery energy storage systems,

3:23:47power generation facility, and any other

3:23:50structures associated with data center

3:23:53facility use.

3:23:56Just clarifying what has to meet it.

3:23:59Good. Do we need to adjust it given the

3:24:03buffer that we just talked about or can

3:24:05that stand with this? Let's see.

3:24:07>> I think that's part of the

3:24:10>> the the buffer and the setbacks are um

3:24:14two separate regulations and the minimum

3:24:17setback is 200 ft as proposed here.

3:24:21>> So that would be room for the buffer,

3:24:23>> right?

3:24:26>> That that would still work. So We'll do

3:24:32>> 200 500 and then a,000.

3:24:36>> Okay. Number two, minimum setback from

3:24:38any exterior lot line shall be 200 ft

3:24:41from the exterior property line of the

3:24:42project property or properties.

3:24:46So that's the minimum setback for the

3:24:50district the districts where the the

3:24:52previous one was proposed commercial or

3:24:54residential or commercial or industrial.

3:24:57Mhm.

3:24:58>> Number three, minimum setback from any

3:25:00residential or agriculturally zoned

3:25:02property shall be 500 ft from the

3:25:05exterior property line. That gets you to

3:25:08the distance I took the video from to a

3:25:10residential or agricultural property

3:25:12line.

3:25:14Number five or four, setbacks from an

3:25:16exterior property line that has a

3:25:18learning institution, place of worship,

3:25:20assisted living facility located on

3:25:22site. Uh I think we added daycare in

3:25:25there too. Um and the other one

3:25:28>> the planning board did daycare facility

3:25:30sh on it shall be 1,000 ft from any

3:25:32exterior property line. This standard in

3:25:34this section specifically pertain to any

3:25:36data center and associated equipment for

3:25:39the operation of the facility. For other

3:25:42non-data center uses including but not

3:25:44limited to security logistics roadways

3:25:47private and public utilities and

3:25:49administrative buildings. The standard

3:25:51of the underlying zoning district shall

3:25:53apply. So what that means if you've got

3:25:55something that's not part of the the

3:25:58functional data center you would have to

3:26:00just meet the base setback for that

3:26:03district. What it'd be LI or HI

3:26:08but any part of the data operable data

3:26:10center building would have to meet the

3:26:12other setbacks. Good there. Yeah.

3:26:15>> That's pretty that's pretty aggressive.

3:26:17So

3:26:18>> okay moving on to exterior lighting. D.

3:26:22Lighting fixtures shall be a maximum of

3:26:2430 feet in height within vehicular areas

3:26:26and a maximum of 15 feet in height

3:26:28within non-vehicular areas. Number two,

3:26:31no lighting fixtures will be permitted

3:26:33in any of the landscape buffering areas.

3:26:36Um, number three, lighting shall be

3:26:38fully shielded and directed downward as

3:26:40to not create glare or illumination onto

3:26:43adjacent properties or public rights of

3:26:45way.

3:26:47Good there. Okay. E. The emergency

3:26:50operation plan. An emergency operation

3:26:53plan shall be submitted as part of the

3:26:55application that will be reviewed and

3:26:57approved by the Davidson County

3:26:58Emergency Services Department. Comments

3:27:01from the Davidson County Emergency

3:27:02Services Department shall be implemented

3:27:05as this speaks directly to the public

3:27:06health, safety, and general welfare

3:27:08welfare for the surrounding community.

3:27:12Good there.

3:27:13>> Good.

3:27:13>> Okay. Roll on.

3:27:15>> Okay.

3:27:15>> Roll on. Roll.

3:27:16>> Roll. Okay. F. Vibration study impact. A

3:27:19vibration impact study prepared by a

3:27:20licensed professional engineer shall be

3:27:22submitted. No operation shall produce

3:27:25vibration that is discernible without

3:27:27instruments beyond the property line.

3:27:30Nor may any vibration produce a particle

3:27:33velocity of 2 in per second measured at

3:27:36or beyond the lot line. That's

3:27:38principally during construction

3:27:39blasting. That that's the kind of

3:27:42particle velocity you get with that.

3:27:44Data centers won't create that under

3:27:46normal operation. won't create that. Uh,

3:27:49two, written consent of the from the

3:27:51applicant that upon receipt of a

3:27:52verified vibration complaint, the zoning

3:27:54administrator may require the owner to

3:27:56submit at the owner's expense an

3:27:57additional vibration impact study

3:27:59prepared by a mutually agreed upon

3:28:01thirdparty engineer to ensure compliance

3:28:03with these standards. Good there.

3:28:05>> Mhm.

3:28:06>> G decommissioning plan. If a data

3:28:09processing facility ceases operation for

3:28:11a continuous period of 12 months, the

3:28:13use shall be considered discontinued and

3:28:15the county may require execution of the

3:28:17approved decommission plan and if

3:28:19necessary draw upon the financial

3:28:21assurance to complete site restoration.

3:28:23The property owner shall remove all

3:28:25equipment, machinery, generators, fuel

3:28:28storage systems, and any related

3:28:29operational infrastructure associated

3:28:31with the use. Any future reestablishment

3:28:34of the use shall require new approval in

3:28:36accordance with this ordinance in place

3:28:39at the time of the reestablishment.

3:28:42Number two, as part of the application,

3:28:44the applicant shall submit a

3:28:45decommissioning and site restoration

3:28:47plan describing the anticipated life of

3:28:49the facility, the manner in which the

3:28:51data processing specific uh data

3:28:54processing specific equipment and

3:28:56infrastructure will be removed upon

3:28:58discontinuation of operations, and how

3:29:00the site will be stabilized and

3:29:02restored.

3:29:04Number three, prior to the issuance of a

3:29:06building permit, the applicant shall be

3:29:08provided provide a financial assurance

3:29:10in the form of acceptable to the county

3:29:12sufficient to cover the reasonable costs

3:29:14associated with removal of specialized

3:29:17data processing equipment and associated

3:29:19infrastructure including but not limited

3:29:21to generators, fuel storage systems,

3:29:23mechanical equipment, and related above

3:29:26and below ground equipment.

3:29:29>> Okay. One question there.

3:29:30>> Yes, sir.

3:29:32How are we going to

3:29:34assess what that cost would be?

3:29:36>> Well, that that's uh

3:29:38>> is that the next one?

3:29:39>> That's the next one. I'm sorry.

3:29:40>> No, you're good. You're good. That's a

3:29:42good question. Um the amount of

3:29:43financial assurance shall be 1.25 times

3:29:46the estimated decommissioning cost minus

3:29:4950% the salvageable value or $75,000,

3:29:53whichever is greater. It shall be based

3:29:55on a cost estimate prepared by a

3:29:57licensed engineer or qualified

3:29:59professional and should not include the

3:30:01cost of removing the primary building

3:30:03structure unless specifically required

3:30:05by the approved decommissioning plan.

3:30:07Y'all can accept that decommissioning

3:30:09plan or not.

3:30:10>> Uh you've got that option. This plan

3:30:12shall be re-evaluated if there is

3:30:14expansion of the site.

3:30:17>> Okay. So that decommissioning plan will

3:30:20be what is in their uh

3:30:24application.

3:30:25>> They'd have to submit that as part of

3:30:26the application. Yes, sir.

3:30:28>> All right.

3:30:28>> Yep. Five. Acceptable forms of financial

3:30:31assurance may include a shy bond,

3:30:33irrevocable

3:30:35I can't get it out. Letter of credit or

3:30:37other security acceptable to the county

3:30:39and shall remain in effect until the

3:30:41site has been decommissioned and

3:30:43restored in accordance with the approved

3:30:44plan.

3:30:46Good there.

3:30:47>> Yeah.

3:30:48>> Okay. H um access to the site shall only

3:30:53be provided from a public street

3:30:55constructed to NC DOT standard unless an

3:30:57emergency operations plan calls for an

3:31:00additional limited emergency access for

3:31:02safety purposes. Two, an NC DOT driveway

3:31:05commercial driveway permit shall be

3:31:07successfully applied for and um for the

3:31:10proposed facility. I penalties.

3:31:14Any violation of these regulations at at

3:31:16any time shall be considered a violation

3:31:18of article 8 u compliance section 8.5

3:31:22civil penalties assessments and

3:31:23procedures of this ordinance and shall

3:31:25be enforceable as such.

3:31:30J water usage is the last one. Um second

3:31:34to last facilities shall use closed loop

3:31:36or other low water or zero water cooling

3:31:38systems. Open loop and single pass

3:31:40systems are prohibited. Facilities sh

3:31:43number two f facilities shall connect

3:31:45only to public water. Private wells are

3:31:47prohibited. Septic shall be only

3:31:49permitted for domestic office usage and

3:31:52not to be utilized for any disposal

3:31:54related to data processing in its ancery

3:31:56systems.

3:31:58Good there.

3:32:00Okay. Generators. That's the last

3:32:03section. Generators may not be used not

3:32:06be be used as a primary source of power.

3:32:09Generators may only run during NCDEQ or

3:32:12EPA testing requirements or during

3:32:14emergency operations. Three, generator

3:32:17yards and equipment shall be screened

3:32:19with walls or fencing to provide visual

3:32:21and sound screening. And [clears throat]

3:32:23this would also be subject to the 55

3:32:26decibel and all the setbacks um in the

3:32:28other section. and generator maintenance

3:32:31and testing shall only occur during

3:32:32daytime and weekend hours.

3:32:36>> Sorry, weekday. My apologies.

3:32:38>> My eyes are crossing

3:32:41>> weekday hours. So, that's the that's the

3:32:44special use permit. Um, any

3:32:46[clears throat]

3:32:47questions?

3:32:48>> I think on the uh generators I'd like to

3:32:51put something on there to where they

3:32:53have I got so many notes over here.

3:32:56[clears throat]

3:32:56>> Um, and they probably got them anyhow.

3:32:59uh selective uh catalytic reduction

3:33:03system.

3:33:04>> Well, you you can require a tier four

3:33:08>> a tier

3:33:08>> if the tier four I think the tier that

3:33:10is tier four.

3:33:11>> Yeah, you can require tier four. If a

3:33:13generator runs longer than 100 hours, it

3:33:16has to comply with that anyways as per

3:33:18the state requirements in the EPA. Yeah,

3:33:20>> we can I've seen it in other ordinances

3:33:22where all generators have to meet that.

3:33:25Even the backup generators have to meet

3:33:27the tier four even if they run under 100

3:33:29hours. We can put that language in there

3:33:31if you want to.

3:33:33>> It should be in there.

3:33:35>> So five all any generator has to meet

3:33:38EPA tier 4 standard.

3:33:40>> Okay. And I I'll get that language.

3:33:42>> That way you don't have the black smoke

3:33:43like they was talking about earlier.

3:33:44There's no smoke.

3:33:45>> That's right. Right.

3:33:46>> Comes out of there. And that that noise

3:33:48level will also be subject to the 55 del

3:33:51property line.

3:33:54>> Okay.

3:33:55Um,

3:33:58this page right here.

3:34:02>> Oh, okay. Yes. Scroll down to uh V I

3:34:05mean 8-4. Page 8-4, please.

3:34:10Right there. [clears throat]

3:34:12>> Okay. Embedded as part of the

3:34:14development regulation, the state has

3:34:16capped our penalty at $500 a day. Okay.

3:34:20So, what we're looking at doing, which

3:34:22is a joke to these folks, that's a joke

3:34:24>> and we recognize that. So, what we're

3:34:26looking at doing, I've spoke with Andrew

3:34:28and we'll have to work with Adam to to

3:34:30try to see if there's a way to bump that

3:34:33up for what we're going to call heavy

3:34:35impact land use. That's not just for

3:34:38data centers. That's for any industry

3:34:41that is considered a heavy impact land

3:34:43use. And it's defined later on. We

3:34:45define that in the back of this. So try

3:34:48to raise that up to a level that is

3:34:50meaningful where they don't just pay the

3:34:53500 a day and continue to operate.

3:34:55>> Right?

3:34:55>> So everybody okay with that concept?

3:34:58That's not in place yet, but we're going

3:35:00to be working on that.

3:35:01>> All right, we're into the definitions.

3:35:03Um I don't know if I need to read all

3:35:05the definitions. I mean that's okay.

3:35:08>> All right. The one I did want to read is

3:35:11the um

3:35:12>> heavy impact.

3:35:13>> Yeah. Heavy impact land use a

3:35:16[clears throat] commercial or industrial

3:35:17property on Earth.

3:35:18>> Um, very last 9-14.

3:35:23Go. Keep on going.

3:35:26There you go. Right. Scroll up. Scroll.

3:35:29Yep. Heavy impact land use. A commercial

3:35:32industrial property owner or entity

3:35:34wherein the administrative cost of

3:35:36enforcement of the zoning ordinance will

3:35:38be significantly higher than other land

3:35:41uses. Therefore, the civil penalty cost

3:35:43should be higher.

3:35:46And again, we'll we'll hammer this out

3:35:49with Mr. Jones office and then make

3:35:52they're going to waterproof all this

3:35:54anyways once we land on language.

3:35:59And that's that's it, folks. This is

3:36:01what I've got. Be happy to answer any

3:36:04questions.

3:36:06>> Just can I I'll make a comment.

3:36:08Absolutely.

3:36:09>> I uh I know sometimes government can be

3:36:11messy and sometimes it can be boring for

3:36:13y'all who have stuck with us, but um I

3:36:16really think a lot of good progress was

3:36:18was made tonight. I I came into the

3:36:21meeting expecting

3:36:23um that we'll probably need the the

3:36:25moratorum. But assuming this text

3:36:28amendment captures everything we've

3:36:31talked about it definitely compared to

3:36:35where I've seen other counties this one

3:36:36is certainly more restrictive now and it

3:36:38I would envision this as what we would

3:36:41get to at the end of the moratorum

3:36:43because that's the purpose of the

3:36:44moratorum is to study it and develop

3:36:46something. So I I say all that for

3:36:48transparency u because I have supported

3:36:51the moratorum months ago. Um this is in

3:36:55really good shape. I know for some it

3:36:56might seem a little more restrictive.

3:36:58Um, but I do appreciate the work you did

3:37:02and I did. Did you go up to Lenor? Was

3:37:04it over the weekend?

3:37:05>> It was It was on a Sunday.

3:37:07>> Yeah. So, well, I called that out during

3:37:08the planning meeting.

3:37:09>> Yeah, you did. You need to teach me a

3:37:11better date.

3:37:11>> Yeah, I I got some better date ideas for

3:37:13you. But, um, but no, I mean, and I I

3:37:15appreciate that because that's again,

3:37:17you've got a public servant here who

3:37:19took time out of the weekend to go and

3:37:21do this.

3:37:21>> So, I appreciate all the work that

3:37:23you've put into this as well. Thank my

3:37:24wife for putting up with it.

3:37:25>> Yes. Well, that too.

3:37:26>> And the planning and zoning.

3:37:27>> And the planning and zoning. They did.

3:37:28Yeah. I was in that meeting that

3:37:30>> because they they spent some time on

3:37:31>> and all the staff as well because after

3:37:34all these these folks are professionals.

3:37:36You've been working for many of you have

3:37:39been working for the county many many

3:37:40years and you've taught one another and

3:37:44and being here for an eight-year time

3:37:46period, you know, seeing different

3:37:48people run through the planning and

3:37:50zoning. I just I just think um you

3:37:54deserve um

3:37:55>> our you know our deep appreciation

3:37:58because you didn't take it lightly and

3:38:00you tried to you tried to make a clean

3:38:04clear and you've explained things to us

3:38:08which we needed explaining and and some

3:38:11of your uh detailed work certainly have

3:38:14added to it. So

3:38:15>> and and

3:38:16>> and the work of the board the board of

3:38:18his board members. Thank you for the

3:38:19interaction and folks like Tabith who

3:38:23who have

3:38:25>> offered suggestions and that's

3:38:27>> and and that's kind of the purpose why

3:38:29we wanted to go through this first to to

3:38:32see where it landed with you folks. And

3:38:34if you needed more time that's fine. If

3:38:36you didn't then then maybe we could look

3:38:39at adoption tonight. But that's entirely

3:38:41up to you guys.

3:38:42>> I'm proud of what's what we're

3:38:43>> I'm very proud of. I like

3:38:46>> now if you want to see it in final form,

3:38:49we could potentially, you know, continue

3:38:51it to say November the November 23rd

3:38:54meeting

3:38:56and have it take take in account

3:38:59everything that y'all approved unless

3:39:02you want us to

3:39:03>> put everything in it that we said

3:39:04tonight and you've been taking and

3:39:06that's that's an option too. That's an

3:39:08option. have a final reading, you know,

3:39:10>> because everything's going to have to go

3:39:11through Adam's office to to vet

3:39:14everything and and make it as sound make

3:39:16all these premises as sound as it

3:39:19possibly can. I mean, we can do that.

3:39:21>> Let's let's listen to the public, but we

3:39:23still unless Mr. Shook's ready.

3:39:25>> I I'm ready to hear

3:39:29>> open it up to public a public hearing

3:39:32and and we don't have people just we

3:39:36don't have a list. We're just we're just

3:39:37going to be coming up one at a time. So,

3:39:41[clears throat]

3:39:41>> hey, could could somebody move can we

3:39:43move that there?

3:39:44>> It is a wire.

3:39:48>> Thank you.

3:39:48>> I'm talking about the whole thing.

3:39:50>> Okay. Thank you. Um I also have

3:39:54campaigning in the morning. Um Pamela

3:39:56McAfee running for state senate 30 for

3:39:59Davidson and Davy County. Um just have a

3:40:01real quick question that I think

3:40:03pertains to this is why are you against

3:40:06my understanding is why you want the

3:40:07data center is for income and revenue

3:40:10into the county but I don't understand

3:40:12the decision why it was such a a a

3:40:14frauded decision to give our money to

3:40:18other municipalities by not expanding

3:40:20our ABC stores. Just want to put that

3:40:22out there um because that's money that

3:40:24goes to the county. um would like to see

3:40:27the words storm water survey rather than

3:40:30groundwater.

3:40:32Um and would like to have the

3:40:34environmental study from an independent

3:40:36outside agency and not rely on either um

3:40:40the state or well I think the state

3:40:44might be okay but I would like an

3:40:46independent outside uh agency to do the

3:40:48environmental study. But the main thing

3:40:51I really wanted to talk about is noise

3:40:53pollution is not subjective. And when

3:40:56we're talking about 55 dB during the

3:40:58day, it's fine. But a constant 55 dB at

3:41:02night is not in uh indicative to good

3:41:05health. It's like considered uh a danger

3:41:09for people you can't get a good night's

3:41:11sleep. And when it's a constant 55 dB,

3:41:14the effects on your nervous system add

3:41:17up. the effects on anxiety, on your

3:41:20health and all. So that really needs to

3:41:23be part of that consideration. Not just

3:41:25that level, but the consistent level of

3:41:28it. So uh that's the main thing I really

3:41:31wanted to talk about. Um I'm also a

3:41:34person I'm on a I'm on a Zoom meeting

3:41:36now, man. Um, I do a lot of uh political

3:41:40organizing throughout the United States.

3:41:42And I'll have to be honest, I hadn't

3:41:44heard much about the data centers until

3:41:47I started doing phone calls into

3:41:49Virginia and out of everywhere. Boom.

3:41:52Before it started getting uh public,

3:41:55everybody was talking about data

3:41:56centers. So, I would like to ask the

3:41:59commissioners as somebody who's running

3:42:01for office as well for you to consider

3:42:03not only our livelihoods, but your

3:42:06ability to stay in office because I know

3:42:08a lot of voters who supported this

3:42:09stuff. Uh, a lot of the people,

3:42:12representatives who supported this stuff

3:42:14didn't stay in office much long after

3:42:15that. So, thank you.

3:42:18>> Thank you. Um

3:42:21Lee to her reference the environmental

3:42:24study is done by an outside u agent. I I

3:42:29don't

3:42:30>> we can require that,

3:42:31>> right?

3:42:31>> Yeah. I'll have that.

3:42:33>> I don't think any of them do their own

3:42:34environmental studies because they're

3:42:36not

3:42:38>> they're not accredited to do that. But

3:42:40>> I think we said it would be an

3:42:42independent,

3:42:42>> right? Independent study. That's what

3:42:43I'm saying.

3:42:47I'm just going to move this back up.

3:42:53>> Sorry, I had prepared comments, but I'm

3:42:56going to go with my gut.

3:43:01>> I was at the planning and zoning meeting

3:43:03when they discussed all of this and they

3:43:05did a lot of good work and I commend

3:43:07you, Lee, for that work

3:43:09>> and the planning board.

3:43:10>> Have any of you been to a data center

3:43:12yet?

3:43:13>> I have. Yes, ma'am.

3:43:14>> Which one? I've been to the one in

3:43:16>> in Leno.

3:43:19>> I live a quarter mile from the

3:43:22compressor station on Becky Hill Road,

3:43:24right? Transco Williams Compressor

3:43:26Station. And they're currently in

3:43:28construction right now, but things still

3:43:30run there. I'd like you to hear this

3:43:32now. It's raining to this day.

3:43:37I want you to hear the humming.

3:43:41Can you hear that humming?

3:43:44This is what I listen to all day long

3:43:47every day while they're functioning and

3:43:50operating there. I spoke to Mr. Meiselle

3:43:53about it. He asked me if there were any

3:43:55vegetative buffers. There are not. Okay.

3:44:00I'm a quarter of a mile. That setback is

3:44:03a quarter of a mile, right? That's 1390

3:44:06ft.

3:44:07>> 40ome. Yeah.

3:44:08>> Right. Okay.

3:44:09I urge you all to make the setbacks

3:44:13larger, to make the BMS bigger.

3:44:18This sound is is it drives me crazy.

3:44:22Okay. So, when you talk about the data

3:44:25centers that are going to run

3:44:26generators, when you hear the people who

3:44:29live near them, have you talked to any

3:44:31of the neighbors at Lenor?

3:44:33>> Yeah.

3:44:33>> What did they have to say?

3:44:35>> Said it didn't bother them.

3:44:36>> It didn't bother them. Okay. So

3:44:39those are all great things and believe

3:44:42it or not I am not opposed to all

3:44:46industrial development or it needs to be

3:44:50done safely but has anybody addressed

3:44:53the environmental impacts of the data

3:44:55center the air quality the water quality

3:45:00>> any of that

3:45:00>> I think they just put in tonight an

3:45:02environmental assessment

3:45:03>> one of the requests was to include

3:45:05>> environmental assessment

3:45:06>> by third party independent fine

3:45:09>> accredited.

3:45:12My last thing I have to say is that what

3:45:17by chance is the rush to come to an

3:45:20agreement right at this minute instead

3:45:23of taking the time to look at the places

3:45:26that have data centers functioning for

3:45:28years or the new data centers that

3:45:32they're building the super hypers scale

3:45:33data centers for AI learning are

3:45:36completely different than the one that's

3:45:37in Lenor.

3:45:39>> There's a brand new one in Lenor. the

3:45:41well the the building four's just opened

3:45:43but it's it's not a hypers scale AI

3:45:45>> correct it's not a hypers scale AI so

3:45:47those are very different than the ones

3:45:50that you've visited so has anybody

3:45:53talked to anyone who lives near or

3:45:56visited a hyper AI scale a hypers scale

3:45:59AI data center

3:46:01>> not from our board

3:46:03>> not from our board but uh Senator Jarvis

3:46:07he did do that he went to uh Sacramento

3:46:10Sacramento

3:46:11>> and he actually went to a hypers scale

3:46:14there.

3:46:14>> Well, you'll have to pardon my

3:46:17Senator Jarvis told me that all the talk

3:46:19of data center problems come from China.

3:46:22So, Senator Jarvis's opinion doesn't

3:46:24meet cold water with me.

3:46:26>> Okay.

3:46:26>> But I appreciate that.

3:46:28>> I'm sorry. Go ahead.

3:46:29>> Uh but you know, I did have discussion

3:46:31with him about that. you know, just for

3:46:34the simple reason that there's not a

3:46:37hypers scale close by for us to go and

3:46:39visit.

3:46:41>> Uh,

3:46:41>> not an AI hypers scale hypers scale.

3:46:44There is not one close by that we could

3:46:47visit.

3:46:48>> And and irregardless of your feelings

3:46:50about him.

3:46:51>> No, I I just I just want

3:46:53>> I just like him.

3:46:54>> No, I'm I'm just saying that he's he's

3:46:57not just been to one.

3:47:00He's been to many and many different

3:47:02kinds and all over the place. So I I

3:47:05think he has some information

3:47:08uh as you know as local information and

3:47:12as as information connected to the state

3:47:14you know I don't know you know

3:47:16>> well and I did speak with a family who

3:47:18came down from Lowden which obviously up

3:47:20in Northern Virginia is kind of you know

3:47:22data center capital of the world and she

3:47:24did express concerns about the noise and

3:47:27as you know that would you know she was

3:47:29like yeah I don't want to see us turn

3:47:31into that nor do I and I think you and I

3:47:33have had many of conversations

3:47:34uh obviously you know my own

3:47:36hesitencies. Now I did ask her I'm like

3:47:39what what was kind of in place between

3:47:41you and and these data centers and it

3:47:44was very little which is which is one

3:47:46reason I will tell the the 200 foot um

3:47:49buffer plus the 500 foot setback

3:47:53to schools right and daycare centers and

3:47:56churches. Wouldn't it be beneficial to

3:47:58give that step back to residents?

3:48:04But we got some restrictions in here

3:48:05anyhow. The decimal points and and all

3:48:08that's going to make up

3:48:09>> ft for res should be what it should be.

3:48:12>> It shouldn't be just 200 ft for

3:48:14residents and 1,000 for a school.

3:48:16>> We live there 24/7.

3:48:18>> I think it's 500 for res

3:48:22next.

3:48:24>> We got we got the decimal set. So

3:48:26>> well I'm a little bit surprised

3:48:29uh for the first time me addressing the

3:48:32board. I can actually share a few

3:48:35compliments. Uh Lee, I think you did an

3:48:38outstanding job and I really appreciate

3:48:41your efforts and the board as a whole.

3:48:45You were magnificent in the way you

3:48:49discussed stuff in front of us so we

3:48:52could understand your points of view

3:48:54instead of doing things without us being

3:48:57here. and uh it was very uh transparent

3:49:02and I certainly appreciate that. But why

3:49:06is there a rush? Why is there a rush

3:49:09when uh the chair lady herself says it's

3:49:13not like we're going to have one built

3:49:15tomorrow?

3:49:17Why the rush? Well, I think I know the

3:49:20rush because you're worried about the

3:49:23current administration changing both

3:49:25locally all the way up to the federal

3:49:28government and now is the time to get

3:49:30all this stuff done. That's my personal

3:49:34belief. Now, you sounded like you just

3:49:38covered all the bases.

3:49:40You just heard one argument that maybe

3:49:42you might want to do a setback increase.

3:49:46Something else you didn't consider was

3:49:48what's the impact on the environment

3:49:51with um animals with the uh um the the

3:49:55the the animals around that we want to

3:49:58maintain. Um that's going to have some

3:50:01effect that was not addressed anything

3:50:04that I saw. Maybe that's something you

3:50:07would want to consider and add in the

3:50:10environmental impact. Which again means

3:50:14why don't you get a moratorum and get

3:50:16this thing right. There's no rush unless

3:50:21you're worried about the the uh

3:50:23political part of it. Otherwise, you

3:50:26could take a couple months and do more

3:50:28research, get more feedback from the

3:50:31people. And one last point,

3:50:35I have seen Duke Energy, Progress

3:50:38Energy, and a whole bunch of other

3:50:41organizations

3:50:42come up here and give you a whole

3:50:45demonstration,

3:50:47a whole display of all the reasons why

3:50:51they want to do what they want to do.

3:50:53And that's perfectly fine. Why don't you

3:50:56give instead of three minutes here,

3:50:59three minutes there, why don't you give

3:51:01the opposition one hour for a real

3:51:05presentation,

3:51:06not a bunch of haphazard stuff where all

3:51:09of us are are fighting each other to get

3:51:11to the podium and discuss one thing and

3:51:14then say the same thing with the third

3:51:17speaker down the row.

3:51:19I think that would really help if you

3:51:22did that kind of stuff and be more out

3:51:25in the open like you were today. And

3:51:28again, tonight I I I got to give you

3:51:31your kudos. When you screw up, I'm going

3:51:34to let you know and I have done it. But

3:51:36tonight, you did good, but you could do

3:51:40better. I appreciate the efforts. Thank

3:51:42you.

3:51:43>> Thank you.

3:51:45>> Next.

3:51:48Yes, ma'am.

3:51:51>> Hi. Um, Val Hastings, Farabby Homestead

3:51:54Road. And actually, Janine already

3:51:57mentioned my biggest question because I

3:52:01do think a lot's been done. And I did

3:52:03sit through that agonizing six hours.

3:52:06>> That was a long one to

3:52:08>> Oh my goodness. That was Well, I give

3:52:10you tons of credit. Um, but I do not

3:52:15understand the difference between

3:52:20a thousand feet for churches,

3:52:24schools, now the assisted living

3:52:27facilities.

3:52:29>> Yes, because they're there all the time.

3:52:33But I feel that residents deserve that

3:52:36same consideration.

3:52:38And I don't honestly, Mr. Gates, I'm not

3:52:42concerned about the decibel level of at

3:52:45that point. If you've got a setback of

3:52:48a,000 ft for certain things, the

3:52:52residents that are there 24/7,

3:52:55therefore assisted living or anything

3:52:58>> should have the same benefit.

3:53:01It just seems very logical to me.

3:53:06And so I don't understand why 500 ft for

3:53:09a property line for residents and 1,000

3:53:13for these other things. That's my

3:53:16biggest thing. And and I do think it

3:53:20doesn't hurt to maybe take a little

3:53:22longer at the very least to what did you

3:53:25say, Lee? The looking at it right before

3:53:29Thanksgiving maybe, you know, for the

3:53:31whole thing. I don't see the big rush

3:53:33either is the only other comment

3:53:36>> because other things will come up

3:53:39>> and um

3:53:41you know it it doesn't hurt to take a

3:53:44little time.

3:53:44>> That was at the discretion of the board

3:53:46if they if they trust us to implement

3:53:49the plans that they

3:53:51can do that at a staff level and bring

3:53:53it back to them for approval or they can

3:53:56approve it and

3:53:57>> however they want to do it.

3:53:59And the my only other thing would be I

3:54:01do also agree with Pam wholeheartedly

3:54:04and that 55 dB daytime is very different

3:54:08than living with it at night.

3:54:12>> Trying to sleep.

3:54:13>> So

3:54:15that's it.

3:54:16>> Thank you.

3:54:17>> Thank you.

3:54:19[clears throat]

3:54:20>> Usually staggered.

3:54:21>> Yes, sir.

3:54:22>> James 1732 Road. Um

3:54:25>> I'm sorry.

3:54:26>> This gentleman said

3:54:27>> never mind. This gentleman said twice,

3:54:28"I'm not an expert." And so why don't we

3:54:31hire an expert maybe to like give you a

3:54:33little bit more information. Um, also,

3:54:36you know, this like they're rushing into

3:54:38things like you didn't buy the first car

3:54:40and then take for a test drive. At least

3:54:41I hope you didn't. You didn't marry the

3:54:43very first person you met on a date,

3:54:45unless you spent some time with them.

3:54:46You didn't buy the first house that you

3:54:48looked at, so why are you jumping into a

3:54:50data center that you know nothing about,

3:54:52somebody you've never visited? Um, I

3:54:55encourage you all to go out and do your

3:54:57homework. But like I said, he said

3:54:58twice. Also, what didn't jive with me

3:55:00when he put that video up there, he

3:55:02never gave me proof. I know everybody

3:55:04else caught in this room where he was

3:55:06standing. He didn't prove to me the

3:55:08distance. He said 526 feet, but he

3:55:09didn't give me any any indication where

3:55:12he came up with that number, like did he

3:55:14pull out a rule? Did he walk a certain

3:55:16path? He didn't show me a certificate of

3:55:19that meter being correct or calibrated

3:55:21for the noise. I don't know how old it

3:55:23is. Um, also 6 months, 12 months, 18

3:55:28months, two years. Has anybody come back

3:55:29and test? You keep putting these

3:55:30regulations in and will anybody follow

3:55:33up on these 3, 6, 9, 12 months down the

3:55:35road. Let's suppose no one's paying

3:55:37attention and they raise that noise

3:55:39level and no one says anything. Um, also

3:55:42gentlemen brought up the point about the

3:55:43animals. That's another thing too. Not

3:55:45only just affects us, it affects

3:55:46everything around us, which includes the

3:55:48animals. Um, farmland, so that gentleman

3:55:50came last time for their meeting. um and

3:55:52his farm and he was concerned. Um you're

3:55:56rushing into this. If you're about to

3:55:57vacate your position on the board, I

3:56:00suggest you don't vote at all. Let the

3:56:03next person let us let them hear us and

3:56:05where we come from. Um I don't know what

3:56:07the big rush is. I also suggest there

3:56:09was a piece on 60 minutes, longest

3:56:12program on television in the past month.

3:56:15Look it up. Look up what they talk about

3:56:16data centers before you make your

3:56:18decision. It it may be do do you a world

3:56:21a good it sure did open my eyes on

3:56:23Dennis but you may want to watch it.

3:56:25It'll open yours. I guarantee you before

3:56:27you decide. Um like I said he he didn't

3:56:30convince me. He stood outside of a fence

3:56:32somewhere. I don't know where he was

3:56:34standing. He said he was in the north.

3:56:35Never showed me a sign. Never showed me

3:56:38talking to any neighbors in that v

3:56:40vicinity. Never showed me talking to

3:56:41employee. What also struck me funny is

3:56:43why is there a bus? Where are they

3:56:45busting these employees from?

3:56:47They they have to bust them into the

3:56:48facility because of security.

3:56:50>> Security. Okay.

3:56:52>> You didn't show me that it was secure

3:56:53either.

3:56:54>> It's a very secure facility.

3:56:55>> Okay. You didn't show you didn't show me

3:56:56that in that video. It's like I said, I

3:56:58I find it hard to digest. I'm sorry.

3:57:00>> Were calculated via GIS, Caldwell County

3:57:03GIS.

3:57:04>> And based on your your position and your

3:57:05title, I was like, why did you make it

3:57:07why didn't you just make a Monday

3:57:09through Friday appointment go there and

3:57:10like like a more round? You went on a

3:57:13Sunday like a more extensive Sunday. we

3:57:15tried as a group that again it's a very

3:57:16tight facility to get into

3:57:18>> and I mean

3:57:19>> I I think your your your word

3:57:23>> well and I I respect what he's saying

3:57:26because he's right. Um we've got a

3:57:29calibration device for the machine. I

3:57:31Yeah, I mean it it's a calibratable

3:57:33machine and um you know

3:57:35>> it your point's well taken.

3:57:38>> I all I can say is I feel like it's

3:57:40accurate.

3:57:41>> Okay. You just feel Oh, should I feel

3:57:44that same way too? Just based on you

3:57:46didn't produce it. Is the time up?

3:57:48>> Yes.

3:57:49>> Okay. Okay. Three minutes is up, I

3:57:52think.

3:57:52>> Now, now here's one thing that I can say

3:57:54though. It's a special use permit. Y'all

3:57:56can go back anytime and check the sound

3:57:58level. And if they're not in compliance,

3:58:01>> correct? Make them get in compliance.

3:58:02And you can also carry three decimal

3:58:05meters out there and check it to make

3:58:06sure.

3:58:07>> Well, it's stated in the it's stated in

3:58:09the amendment that

3:58:11>> it'd be done. I just wanted them to

3:58:13clarify for the public.

3:58:14>> Yes, it would be done that it would be

3:58:16checked.

3:58:16>> So, we will check on them,

3:58:18>> you know, and if we have anybody

3:58:20complain, if there is a legitimate

3:58:23complaint comes to uh in then we will

3:58:27definitely be sending someone out to uh

3:58:30check it. Okay. I said I encourage you

3:58:33look at that piece and take three

3:58:34minutes.

3:58:37[clears throat] Open your eyes.

3:58:41[cough]

3:58:44>> Yes, ma'am.

3:58:45>> Did you get your bellies full? Cuz we've

3:58:48all been sent out here hungry. I was

3:58:50raised if you don't have enough to

3:58:51share, you don't bring it out. So, just

3:58:53thought I'd throw that out there.

3:58:55Um,

3:58:57something that's very telling for me is

3:58:59uh our local PNG rep back here and a lot

3:59:02of verbiage that was spoke out was

3:59:03always in reference to Duke Duke Duke

3:59:05Duke Duke to Duke Duke Duke the Duke

3:59:08Duke Duke. And if you went to the town

3:59:10hall, Duke stated that this data center

3:59:12was to power them, not for residents.

3:59:16[gasps] So if this fails, Duke Energy is

3:59:19kind of a kaputs. They're handinand is

3:59:22the way I see it.

3:59:24because he wouldn't be here diligently

3:59:26taking this many notes if he wasn't

3:59:27concerned about his his financial gain

3:59:31or loss at this point. Um, you know,

3:59:34your family, Karen. So, really, in all

3:59:37honesty, you have no business voting on

3:59:40this at all.

3:59:42>> Is this what is this part of tonight?

3:59:46>> Huh?

3:59:47>> No, I can come at you too, Shell, if you

3:59:49want me to.

3:59:50>> Well, I mean, come to me. You think you

3:59:52bother me? No,

3:59:53>> you don't bother me.

3:59:54>> I I get it. You don't bother me either,

3:59:57>> right? Don't you the one attack me. I

3:59:59didn't attack you.

4:00:00>> I didn't attack you. You the one that

4:00:01chimed in.

4:00:02>> No, you said I can attack you, too. Sh.

4:00:04>> No, because you chimed in, big boy. So,

4:00:06I just take a seat.

4:00:07>> Let's just give her three minutes.

4:00:08>> There was no sense. You can be nice.

4:00:11>> So, can you know I can really?

4:00:13>> I know I can.

4:00:14>> Get a hold of yourself.

4:00:16>> Oh, yeah. Yes, mother. Yes, mother. Go

4:00:18ahead.

4:00:20You have got audacity for days.

4:00:23>> Let me tell you where I'm

4:00:24>> Look, look, look. My three minutes, big

4:00:26boy. You need to take a seat.

4:00:28>> Well, you've been talking about

4:00:29something not relevant to what we've

4:00:30been talking about.

4:00:31>> Relevant. Relevant. It is relevant. I've

4:00:33got a representative back here for PNG.

4:00:35That is there for the Duke energy. So,

4:00:38you can laugh and you can scoff all you

4:00:39want, man. I'm telling you right now,

4:00:41we've had enough of that

4:00:43>> We have had enough of it.

4:00:44>> Excuse me.

4:00:47You want to interject yourself all the

4:00:49time.

4:00:51>> She needs to recuse herself.

4:00:52>> I just don't take a tax without

4:00:54responding.

4:00:55>> Is that what is that that how you

4:00:57justified your apology? Cuz that's all

4:00:59it was. It was a justification to

4:01:00Janine. It wasn't an apology.

4:01:02>> Well, since you can crawl in my mind and

4:01:03know exactly what I'm thinking, smarty,

4:01:06you go in there and do that. I can't

4:01:08stop that.

4:01:09>> You also stop my three minutes every

4:01:10time you interject.

4:01:12>> Well, go ahead.

4:01:15You going to stay for three minutes or

4:01:17you going to go ahead? No,

4:01:19>> just let her go. Just let her go and

4:01:21finish it.

4:01:23>> Excuse yourself because you know good

4:01:26and well you knew that deep down and you

4:01:27didn't want nobody finding out, pointing

4:01:28it out or figuring it out. It was all

4:01:30over your face. We could see it all over

4:01:32your face. Shell, all over Karen. You

4:01:36are tore up that you're about to get put

4:01:38out of this situation and you have got

4:01:40to rush this so hard so fast and it is

4:01:42tearing you to pieces.

4:01:44Karen, it has been evident all night

4:01:46long with well that's is you understand.

4:01:48You understand? Is that good? Is that

4:01:49good? Is that good? You auctioneered

4:01:51this off. It's evident and it's

4:01:55disgusting. And Shell yours is you are

4:01:58so disgusting. I would be ashamed at the

4:02:00way that you have talked to every

4:02:02citizen in these meetings and then you

4:02:04sit on your high horse up here and then

4:02:06you want to come down on us. You have

4:02:08audacity.

4:02:12>> Yes, ma'am.

4:02:18>> Okay. Um Lee, thank you so much for all

4:02:20the hard work you've done everybody.

4:02:23Steve Jarvis is say hello Steve. He's

4:02:26chiming in. He can't come though or

4:02:27return phone calls. But I have a

4:02:30question, Lee. Um, well, a couple. Um,

4:02:34one, if they have repeat violations,

4:02:37so like you said, like just pay the $500

4:02:40fine, you know, a billion dollar

4:02:42company, it ain't nothing to them. At

4:02:44what point

4:02:46>> can the county come in

4:02:48and say, "We can shut you down?"

4:02:52[sighs] Well, that's that's a topic of

4:02:54discussion. Since we're kind of plowing

4:02:56new ground with this, I'd have to talk

4:02:58to Adam and Andrew and their their

4:03:00department to nail that down because

4:03:02we're trying to get those fine levels up

4:03:04to where they would be impactful to the

4:03:06use.

4:03:07>> Right. But even

4:03:08>> I don't have that answer for you right

4:03:10now.

4:03:11>> But even like a $500,000 fine to a

4:03:13company that makes a billion dollars, I

4:03:15mean, it's a drop in the bucket.

4:03:18So, we need to add something in there if

4:03:21there's repeat violations. Absolutely.

4:03:23>> That um the county can come in and say,

4:03:27"We're done." You know, we're not going

4:03:29to do it. Number two, um

4:03:33as far as being in residential

4:03:35neighborhoods,

4:03:36>> okay,

4:03:37>> why do we have to do that? Like Conrad

4:03:40Hill Township is not really a good

4:03:42location. So, why do we have to put it

4:03:44in residential neighborhoods? Say for

4:03:46example like the sportslex location.

4:03:50What if they had not become a sportslex

4:03:52but say they wanted to put in a hypers

4:03:55scale data center there?

4:03:58That's not a location you want it to be

4:03:59in. So why can't we restrict where

4:04:04they're going?

4:04:05>> Well, it's not allowed in any

4:04:07residential district.

4:04:09>> None.

4:04:09>> None.

4:04:10>> So why do we have a th00and foot buffer

4:04:12to homes?

4:04:13>> That's for an adjoining property. That's

4:04:15for So, like how close can a data center

4:04:18go next to a home?

4:04:20>> Um, the text tonight would be 500 feet

4:04:23to that property line.

4:04:25>> So, 500 ft to my property. Correct.

4:04:28>> Or to your property.

4:04:29>> Correct.

4:04:29>> And if there's other houses there, is

4:04:32that not a residential neighborhood?

4:04:34>> Yeah, it would be 500. Any adjoining

4:04:36property line, the way the text is

4:04:38designed tonight, any adjoining property

4:04:39line that's agriculturally zoned or

4:04:43residentially zoned, they'd have to be

4:04:45500 feet away with the facility. That's

4:04:46the way it's proposed tonight.

4:04:48>> That's too close. It should not be in

4:04:50any residential neighborhoods. You know,

4:04:52you've got elderly people out there. Um,

4:04:56you know, it no residential

4:04:58neighborhoods. I just don't see why it

4:04:59can't go into an already industrial

4:05:01place. My second question is I guess for

4:05:05Commissioner Yates

4:05:07um and anybody else that would be

4:05:09handling NDAs. There is a nonpartisan

4:05:13bill right now in the government for no

4:05:16NDAs on data centers. Would the

4:05:20commissioners be able to add that in

4:05:21there so there's true p transparency to

4:05:24the public? No.

4:05:30>> Yes. No. I think it's a good idea.

4:05:33>> Discretion is valuable. I mean,

4:05:35>> do what?

4:05:36>> That's a good idea.

4:05:37>> No, it's a it's a good idea, but I'm not

4:05:40so sure I want to commit to that. You

4:05:41know, I mean, cuz we have to do DNA with

4:05:43companies that that are trying to

4:05:45protect their um

4:05:49>> you've seen some of the stuff we signed

4:05:51DNA NDA,

4:05:53>> right?

4:05:54>> Uh so I'm not I wouldn't want to make a

4:05:56a broad sweep with the brush to say

4:05:58that. And I and I guess the other piece

4:06:00too is since again for everyone's

4:06:02awareness the the bulk of this if it's

4:06:04under five megawws it's a special use

4:06:08and it correct

4:06:09>> it's under five

4:06:10>> sorry if it's if it's over five it's

4:06:12it's a special use which means it it

4:06:14would have to come before this board and

4:06:17therefore the public.

4:06:18>> I'm trying to correct

4:06:19>> correct.

4:06:22>> Yes ma'am.

4:06:22>> Good point.

4:06:23>> Looks like I may be the last. Uh good

4:06:25for you. I do read um I was on Duke's

4:06:29Energy's website

4:06:31um October the 7th of 2026. It says

4:06:34agreement with North Carolina public

4:06:35staff, Amazon, Google, Meta, Microsoft

4:06:38and others enhancing existing

4:06:40protections insulate customers from data

4:06:43center cost while delivering billions

4:06:46with a B. Subsequently, I also want to

4:06:50uh state to you that I want to know

4:06:54where all the good men go to die when

4:06:56they get up on this county commissioners

4:06:58meeting. Mr. Shook, with all due

4:07:00respect, I do remember your statement

4:07:02that you remember that you work for the

4:07:04people.

4:07:05>> Yes, ma'am.

4:07:06>> I want to bring that to your mind.

4:07:08That's the reason why you got hands down

4:07:10100% vote because of that. And I want

4:07:14you to walk accordingly

4:07:16when you decide whether to vote or not.

4:07:19We need this moratorum more than ever

4:07:22because it's being rammed very fast and

4:07:25it's being willy-nilly now since this is

4:07:28with a billions that they are going to

4:07:31be raking in. Good for you that I

4:07:34decided well are you micermen. Davidson

4:07:37County citizens will take back our power

4:07:40tonight. We are Davidson County. It is

4:07:42not the commissioner's county. is

4:07:43Davidson counties

4:07:46and the citizens. No NDAs to be signed

4:07:49ever again. We want to see all

4:07:51information from inception to

4:07:52negotiations.

4:07:54Vote for moratorum of at least four

4:07:57months. My sen due diligence has to be

4:08:01completed. You have not done your due

4:08:02diligence. Everybody up here has a 401k.

4:08:05If in fact in your 401k you have Duke

4:08:08Energy or any of these gas companies,

4:08:10you cannot vote. is in violation. In

4:08:14essence, you are actually like Mrs.

4:08:17Watford.

4:08:19So, I would like for every one of you to

4:08:21run home and look at your 401k. If you

4:08:24have stock in your 401k, any of you, any

4:08:27of you, you cannot vote. It's a

4:08:29violation.

4:08:31So, I'm just putting that out for you.

4:08:34We, the Davidson County property owners,

4:08:36are demanding the following 1,000 shares

4:08:40of preferred stock on any of these big

4:08:44corporations wanting in our county.

4:08:48We want it to be inherited through the

4:08:51bloodline. It doesn't stop when I die,

4:08:54by the way. It's transfer transferable

4:08:57to the bloodline of my children. We

4:09:00demand no property tax on residential

4:09:02property and we want that enforced

4:09:05through the bloodline as long as any

4:09:07family members own the property follows

4:09:09the bloodline. No more taxes. Now, some

4:09:13of y'all will laugh, but you know,

4:09:14negotiation starts tonight.

4:09:17Dividends to be paid out quarterly. We

4:09:20are going to be voters. We want stock.

4:09:22We don't want the common stock for the

4:09:24common man. We want the preferred stock

4:09:26like the CEO gets. Now, we want you to

4:09:30also um understand,

4:09:33>> excuse me,

4:09:33>> three minutes.

4:09:34>> Three minutes.

4:09:35>> Well, it's well said. If they're coming

4:09:39into our county, we are stockholders and

4:09:41I demand my county commissioners to stop

4:09:44being mice. Let's be men and negotiate

4:09:47on our behalf.

4:09:50>> Have a question.

4:09:51>> Yes, sir. notice of violation that if if

4:09:54they would go under a notice of

4:09:55violation for their decimals being

4:09:58above, we can take their zoning away.

4:10:01Correct.

4:10:01>> We the original it would be just like

4:10:05any other violation of the ordinance

4:10:07with respect to process,

4:10:08>> right?

4:10:09>> Um we've got nos and we'd have to try to

4:10:12get with them to correct it and do what

4:10:14the sound study we can pull the

4:10:18>> Yes. Yeah. I mean there there will be a

4:10:20conditional zoning. No, excuse me.

4:10:22There'll be a special use permit that

4:10:23can be revoked,

4:10:24>> right?

4:10:25>> Yeah, that that that is a possibility.

4:10:27>> That was the word I was looking for.

4:10:28Revoked. Okay. So, if if they don't meet

4:10:32>> the guidelines, they can be revoked. And

4:10:34so, they they're going to make every

4:10:35point, I would think, to meet the

4:10:37guidelines.

4:10:38>> I'm sorry, ma'am.

4:10:40>> Go ahead.

4:10:41>> Hi. Thank you.

4:10:42>> I have some quick questions. My name is

4:10:44Jenny Bower. I reside on the lake. I

4:10:49have questions about the remediation

4:10:52that you were speaking of. If there was

4:10:53problems with environmental studies and

4:10:56things like that,

4:10:58will these power plants um the the data

4:11:02center, will that in fact affect the

4:11:04lake at all?

4:11:06>> Well, we don't technically have an

4:11:09application for a data center. All we're

4:11:11doing tonight is adopting regulations to

4:11:14put limits on them. So we it just

4:11:19depends on where one would be cited as

4:11:21to whether it might potentially locate

4:11:22the be affect the lake.

4:11:24>> Okay.

4:11:25>> Um the hypers scale we we've spoke with

4:11:27several site acquisition folks and

4:11:29there's not a lot of space in our county

4:11:32or not a lot of locations in our county

4:11:34that would support hypers scale data

4:11:37development. that we've got a couple

4:11:40sites that may may do it, but there's

4:11:42not a lot in the county that would that

4:11:44are they're are desirable desirable.

4:11:47Tonight's not about an actual build.

4:11:49It's about regulatory regulations for

4:11:52this. So, I I apologize, but I can't

4:11:54answer your question because we don't

4:11:56have a site.

4:11:56>> I understand. And if you were to build

4:12:00on a site that has an effect to the

4:12:02lake, um things I've heard um with news

4:12:07and articles that I've read, it can

4:12:10raise the temperature of the water,

4:12:12making [clears throat] the lake

4:12:13undesirable for fish and recreation and

4:12:18uh producing hydraula and things that we

4:12:21already have problems with. Is there

4:12:23anything in the text tonight that

4:12:25impacts environmentally if that were to

4:12:28happen,

4:12:30who gets repaid for that? Because as a

4:12:33resident, I don't I don't know that. Oh,

4:12:35here, Jen, have $3 million because we

4:12:38ruined your property value and your lake

4:12:40and all of this. So, clearly that's not

4:12:42what's going to happen. So, what do you

4:12:44do in that situation?

4:12:48Well, I depending on the technology and

4:12:51again I am not a data center expert. Um

4:12:54depending on the technology that there

4:12:55is varying amounts of wastewater. I

4:12:59don't I don't know the amount of the

4:13:02wastewater that they most places would

4:13:06like to hook to public sewer there.

4:13:08There wouldn't I can't imagine the state

4:13:10would allow a permit to dump straight

4:13:12into a lake, you know, without

4:13:15treatment. So, um I I know we've spoke

4:13:17with a couple data centers here in the

4:13:20county that wanted a lot of sewer

4:13:22allocation from us and we just didn't

4:13:24simply have it. So, they they they moved

4:13:26on.

4:13:28>> Can I answer this? The new closed loop

4:13:29systems don't dispose of any water.

4:13:32>> Sure.

4:13:32>> They use 100% of it. So, there's no

4:13:34water.

4:13:35>> I believe I read that um some of the

4:13:37water would be returned back to the

4:13:40Yaden River.

4:13:41>> Not anymore. It's okay. And that that

4:13:43may be the D the uh the power plant

4:13:46>> the power plant

4:13:47>> the power plant stuff that you might be

4:13:48getting confused.

4:13:49>> Uh I may be yes

4:13:50>> that they they

4:13:52>> as [clears throat] proposed they would

4:13:53take water in utilize it and then return

4:13:55it and I don't know what what

4:13:57temperature it would be. I understand it

4:13:59may be warmer than it was when it come

4:14:00out.

4:14:01>> Right.

4:14:01>> The clos loose system with the air

4:14:03actually cools it and it keeps going

4:14:05around and around till it's used.

4:14:07>> Yeah. Sure. And then they

4:14:09>> now uh as far as the sound goes.

4:14:12>> Yes, ma'am.

4:14:12>> Uh do y'all know how sound waves work?

4:14:14>> Mhm.

4:14:15>> So with the BMS that you put the higher

4:14:17BMS uh speaking from experience where I

4:14:19lived prior to this, uh they tried to

4:14:23solve the sound issue with a highway

4:14:26that they had put in which was

4:14:27admittedly higher decibel levels than

4:14:29this. But what happened was they build

4:14:32these big walls. The sound goes over the

4:14:35walls and immediately on the other side

4:14:37of the wall there's no sound. It was

4:14:39wonderful. Unfortunately, peaks and

4:14:42troughs happen. The trough goes down,

4:14:44the peak goes up over that next

4:14:49trough and peak. The sound comes up and

4:14:52it is amplified as it travels. So, what

4:14:54happened was the residents ended up with

4:14:58so much more noise that happened and

4:15:02right outside where they did all

4:15:03[laughter] the studies on the the where

4:15:05the walls were, it was no sound. So, it

4:15:08was an unintended consequence. Do y'all

4:15:10have a plan

4:15:12to help if that happens? Well, the the

4:15:15text as it's written tonight, if it's if

4:15:17if it's 55 dByond the property line,

4:15:20we're going to we're going to ask them

4:15:22to to correct that.

4:15:24>> I mean,

4:15:25>> how far out do you go?

4:15:26>> Well, like that's that I mean goes right

4:15:28outside the property line. It may not

4:15:30have an issue,

4:15:31>> right? Well, and again, there's a lot of

4:15:33variables involved with that. I I live

4:15:361,200 foot from 285. In the morning, the

4:15:39cars sound like they're coming across my

4:15:41back deck. I believe that

4:15:42>> in the in the middle of the day I can't

4:15:44hear it

4:15:45>> right

4:15:45>> because the the sound is so you know and

4:15:49then at night it gets louder again

4:15:51because air gets denser and and

4:15:53>> sure

4:15:54>> things travel through a denser medium

4:15:55better than a non-dense medium. Um, so I

4:16:00the interpretation would be 55 dB at the

4:16:03property line and I would have to talk

4:16:06to Adam about language if it's 55 beyond

4:16:09the property line that we would ask for

4:16:12that same sound study or ask to minimize

4:16:15that in some way shape or form to get it

4:16:18where it's below 55 dB outside [snorts]

4:16:21of their property

4:16:23if that makes sense. It would be.

4:16:25>> And as far as electrical grid, do we

4:16:28have the power in our electrical grid?

4:16:30>> Okay, ma'am. Your time is up.

4:16:32>> Oh, so sorry. Thank you. It's something

4:16:34to think about. Power grid people.

4:16:36>> Thank you.

4:16:36>> Thank you.

4:16:38>> Anyone else tonight?

4:16:40>> Yes, I have one question.

4:16:44>> I'm Melinda Zerati. I live in Lexington.

4:16:47Spell your last name for me.

4:16:49>> It's like karate with a Z. Z A R A T E.

4:16:53Okay.

4:16:55>> Your first name was Melinda, correct?

4:16:56>> Melinda. Yeah,

4:16:59>> y'all did do a really good job.

4:17:01>> Thank you.

4:17:01>> Tonight, um, I have a question about

4:17:04Okay, if I can remember, because I'm

4:17:06speaking because somebody else forgot to

4:17:08ask. It's the Forever Chemicals and the

4:17:10closed loop systems. Is there something

4:17:13in there about what's going to be done

4:17:14with those? We

4:17:16>> We don't have anything in the text. Um,

4:17:20I know that the industry is trying to

4:17:22move away from that. They're probably

4:17:23they're not all the way from it yet, but

4:17:25I do know that they're trying to move

4:17:27away from that. The the

4:17:29>> if it's a closed loop system and it

4:17:32doesn't it doesn't allow water to escape

4:17:35that would stay in there and that's to

4:17:36to keep scale down and algae and and you

4:17:39know all of those things. So I I the

4:17:42service provider if there is a sewer

4:17:44connection there would be a conversation

4:17:47between that sewer provider and the

4:17:49industry to know what they're trying to

4:17:50treat

4:17:51>> because I've read before and I may be

4:17:54wrong because I've just read this from

4:17:56all my things is that that even with a

4:17:59closed loop system at least every two

4:18:02weeks that water is being released back

4:18:05out. I don't think it's two weeks. I

4:18:08think it's like two or three years and

4:18:10then they have to change it out. And I

4:18:12think the in the change out if there was

4:18:14a leakage or something, you could have

4:18:16an environmental impact.

4:18:17>> Okay. Well, I read two weeks, but yeah,

4:18:20I don't know. I mean, that's the thing,

4:18:22right?

4:18:23>> That's exactly the thing because

4:18:25>> every one of y'all, I'm sure, have read

4:18:28about data centers, and I've read about

4:18:31them, and I'm sure everybody here has.

4:18:33And you go here and it says this and you

4:18:35go here and it says that and it just

4:18:38feels like it's just such a rush. And

4:18:42I'll be honest, it scares me. It scares

4:18:45me for for our citizens, but not just

4:18:49here, for everybody around the world.

4:18:53It's AI. I mean, I know data centers

4:18:56exist. I have a cell phone, you know. I

4:18:59know that. I'm not stupid. But I also

4:19:02know that an AI data center works in a

4:19:04completely different way

4:19:07than just a a storage data center.

4:19:12>> Okay, I know that because I've read, but

4:19:16I also feel like it's being rushed. And

4:19:21one thing that I want to ask too is

4:19:25[snorts]

4:19:26if we don't have the methane gas plants

4:19:29built by Duke Energy on the Y Atkin

4:19:31River with that enhanced L PG or

4:19:36whatever thing on the other side. Data

4:19:39centers wouldn't be able to come here

4:19:41anyway, would they?

4:19:44>> Data.

4:19:46>> Isn't that what the CEO said that of

4:19:49Duke? What happens with data centers in

4:19:51Davidson counties up to this board? What

4:19:53happens to data centers in other

4:19:54counties or part of Duke's system which

4:19:57is mo all of North Carolina and South

4:20:00Carolina with progress in energy

4:20:01combining?

4:20:02>> Okay.

4:20:03>> So the power generation is the power

4:20:06generation that Duke has 36,400 megawws.

4:20:09That's what they produce now. No matter

4:20:12what we decide on data centers, data

4:20:14centers located anywhere else in their

4:20:16systems going to take power away from

4:20:18us. Okay.

4:20:19>> So, that and and they've got agreements

4:20:22with I think it's Chesapeake to the

4:20:24north or Southern to the south to to

4:20:26borrow power if there's an an overdraw,

4:20:29but as seen in Wintertorm Elliot,

4:20:32>> they had the same problem we did.

4:20:34>> Watch it.

4:20:35>> We had ice. Well,

4:20:37>> yeah, but [laughter]

4:20:38>> but but my point my point is that that

4:20:42>> whatever we decide to do with data

4:20:44centers now, Duke generates 36,400

4:20:48megawatts according to their website. If

4:20:50there's a data center anywhere in their

4:20:52system, that's going to take power away

4:20:54from us. It don't have to be in Davidson

4:20:55County.

4:20:56>> Okay.

4:20:56>> And I've heard of these, we're talking

4:20:58billiondoll companies, they can generate

4:21:01their own

4:21:02>> Yeah. They they create their own power

4:21:04plants on site and can generate their

4:21:06own power.

4:21:07>> And is that in our thing that for them

4:21:09to do that?

4:21:10>> We can't regulate that.

4:21:11>> We can't That's the thing you said you

4:21:13read. [clears throat]

4:21:14>> We can't regulate that. But if if they

4:21:16chose to have a place that they wanted

4:21:18to go and uh everything was contiguous,

4:21:21they can meet that. But the only downtro

4:21:23was they didn't have enough power. They

4:21:25build their own power generation plants

4:21:28on their own site.

4:21:29>> Yeah. I can tell you that when I was

4:21:33sitting in the in the zoning meeting is

4:21:37my three minutes up.

4:21:38>> Okay. I'll just say this. I've I can

4:21:41Google something and get one answer one

4:21:43day from AI and another answer the next.

4:21:47>> Yes, ma'am.

4:21:48>> I got one question, one quick question.

4:21:50>> Yes, sir.

4:21:51>> And I want to make sure everybody's

4:21:52following this. We're going to allow the

4:21:54data center hypers scales AI or regular

4:21:57hypers scales and uh hi as well right

4:22:01>> the hypers scale with the proposed

4:22:03amendment tonight would be allowed

4:22:05special use in li

4:22:07>> or hi

4:22:08>> and hi

4:22:08>> I wanted to make sure everybody was

4:22:11clear with that okay

4:22:12>> and the crypto mining would only be

4:22:14allowed special use permit in the hi

4:22:16>> right

4:22:18>> just for some additional context too

4:22:20because I've heard it mentioned that

4:22:22we're we're rushing So I mean and and I

4:22:24could see that if you you maybe haven't

4:22:27followed it over the past couple months

4:22:29or again if you have hesitencies about

4:22:31the data centers like I I have we

4:22:34brought forward the idea of a moratorum

4:22:37on data centers back in August. So

4:22:40that's I think when I presented it to

4:22:42the board we discussed it and we noted

4:22:46that based on what the general statutes

4:22:50in the state tell us that if you enact a

4:22:52moratorum it's it's not just [laughter]

4:22:55cart blanch in perpetuity you enact it

4:22:58with the goal of getting the regulations

4:23:01in place and we said that then now that

4:23:04moratorum failed then we've brought it

4:23:07back and we discussed it I think it was

4:23:09several weeks weeks ago when we said

4:23:11well tonight we'll have the option

4:23:12you'll have two options we'll look at

4:23:14the text amendment and then if you feel

4:23:16like the text amendment doesn't go far

4:23:18enough in establishing those regulations

4:23:21well then you go for the moratorum so

4:23:24that's that's kind of where it's been I

4:23:26and I I know there's some folks in the

4:23:28audience that I have had um

4:23:30conversations with done plenty of

4:23:32reading obviously the I was at one of

4:23:34the the zoning meetings which went very

4:23:36late as well um so we have tried to do

4:23:39our due diligence. Um, and as someone

4:23:42who does have a hesitancy uh about them

4:23:45and recognizes there's a lot of

4:23:46ambiguity. Again, I'm I'm very happy

4:23:49with how and s pleasantly surprised with

4:23:52how the the text amendment turned out.

4:23:54As I said at the beginning, I I was just

4:23:57assuming probably have to have the

4:23:58moratorum because this won't be where it

4:24:01needs to be. Um, but I mean it answers a

4:24:05lot of the concerns that I had and that

4:24:07citizens have raised to me.

4:24:09>> So that's kind of where it's been.

4:24:11Doesn't mean you're going to agree with

4:24:12100% of what's in there. Um, but it's

4:24:15it's a lot of progress that that was

4:24:17done tonight.

4:24:19>> And I agree with Commissioner Maz.

4:24:22>> Okay.

4:24:23>> Madam Chair, if you'd like a motion to

4:24:27>> Oh, yes.

4:24:29Uh, I'll

4:24:32>> I have a question because I know y'all

4:24:34are going to want to get out of here.

4:24:35What happens to the water and the

4:24:37forever chemicals if the plants

4:24:40decommissioned? Do you have anything in

4:24:42the regulations that would say how they

4:24:45would safely dispose of those?

4:24:48We would probably need to put language

4:24:50in the um in the document about the

4:24:54decommissioning plan and that the

4:24:55decommissioning plan can include that

4:24:58information and if the board wanted to

4:25:01see that language in the decommissioning

4:25:03plan, they would ask to include that and

4:25:06then the uh you know the compensation to

4:25:09perform that plan would if it's if it's

4:25:11approved. So they can they can ask for

4:25:14that to be included in the

4:25:15decommissioning plan. That's a very good

4:25:16point.

4:25:17Thank you.

4:25:18>> This needs to be handled in the

4:25:19decommissioning plan. Y'all can write

4:25:21that.

4:25:21>> It would be in the

4:25:22>> right

4:25:23>> initial funding

4:25:25>> and their decommissioning plan that they

4:25:26got to give us

4:25:28>> upfront

4:25:29>> how they going to dispose of the water.

4:25:30>> Correct.

4:25:31>> And it's got to be disposed of legally

4:25:33and whatever.

4:25:34>> Cuz that decommissioning plan will be

4:25:35very detailed when it's submitted as

4:25:37part [clears throat] of the application

4:25:38as to what they're going to clean up,

4:25:39how they're going to clean it up, what

4:25:41it'll cost to clean up minus the 50%

4:25:43salvage and all that stuff.

4:25:44>> That's right.

4:25:45>> Okay. Yes, m Mr. Crook, I guess I'm at

4:25:48the declaring the public hearing

4:25:51uh closed

4:25:53and asking you the staff recommendation

4:25:55for this request. And is there any other

4:25:59further discussion by the board at this

4:26:03point?

4:26:04>> U sta staff would um would recommend I

4:26:09mean I feel like I too feel like we've

4:26:11made good progress. We've got a lot of

4:26:13ideas and exchange. I don't see anything

4:26:16that jumps off the page that we've

4:26:18discussed tonight that that would be a

4:26:20roadblock or a problem in implementing

4:26:23and getting um getting placed into the

4:26:26ordinance. Again, I'm going to ask Mr.

4:26:29Jones's office to look at this, you

4:26:32know, do do what lawyers do and and make

4:26:34it solid and enforceable, but the

4:26:37premises will all stay the same. I I

4:26:40would recommend approval of the

4:26:42document. I I think it's it's a it's a

4:26:44good set of guard rails with keeping in

4:26:46mind this is a this is a a new

4:26:49phenomenon kind of for the state and for

4:26:51us and there's nothing that says we

4:26:53can't come back and revisit this in in a

4:26:56month two months 6 months a year if we

4:26:59see something that's changing we could

4:27:02potentially do that. So at the staff

4:27:04level we'd recommend approval of the

4:27:06document

4:27:07>> if there's no

4:27:08>> with the with the amendments that that

4:27:09have been talked about tonight. There's

4:27:10no other discussion. I'm prepared to

4:27:12make a motion.

4:27:12>> Okay. Go ahead.

4:27:14>> Um

4:27:15I make a motion that we approve the text

4:27:19amendments along with the those that

4:27:22were listed as concerns by the board

4:27:24members up here for finalization

4:27:28uh and adopt the resolution statement of

4:27:31consistency. All right.

4:27:32>> Do I have a second?

4:27:34>> Second.

4:27:35>> All in favor say I. I. I

4:27:40>> opposed.

4:27:41>> Opposed.

4:27:43>> I just um I'm not opposed, but I'm not

4:27:47in favor. I'm I'm still I really

4:27:50appreciate the progress that was made

4:27:51tonight. That addressed a ton of my

4:27:53concerns. I'm not for killing it by any

4:27:55means, but I was more along the lines of

4:27:57continuing it till the final version

4:27:59comes out to give it a little more time

4:28:01to have it finalized for legal to look

4:28:03at it to give the citizens to roll it

4:28:06back out to them to where they can see

4:28:08the changes that have been made, the

4:28:10legal stamp of approval put on it and um

4:28:14just take another look at it before I

4:28:16say yay or nay.

4:28:18>> So, did the motion pass?

4:28:20>> I believe the motion pass. Did the

4:28:21motion pass forward the two?

4:28:23>> The motion did pass, but according to

4:28:25your rules of procedure, if you don't

4:28:27vote, Commissioner Tester, it's a yes.

4:28:32>> Well, I guess I'll say no then.

4:28:33>> Okay. Okay. I just wanted to make sure

4:28:35that you understood that.

4:28:36>> Okay. Okay.

4:28:37>> Okay.

4:28:38>> Okay.

4:28:38>> Chris,

4:28:39>> who would do that?

4:28:40>> No.

4:28:42>> Okay. So, it's one, two, three, four,

4:28:44five. I can't even count them.

4:28:46>> 52.

4:28:4752. And and and again, I think what what

4:28:51we need to say is that we we worked on

4:28:55it.

4:28:56>> You're working on it some more. You're

4:28:58going to get legal to look at it. We're

4:29:00approving it and feel good about these

4:29:02text amendments and we appreciate what

4:29:04you have done. Correct.

4:29:06>> All right. Thank you. So, what do we

4:29:07need to do with the next item? Like

4:29:09>> what do we do with item four?

4:29:10[clears throat]

4:29:11>> What do we do with item C?

4:29:13>> You'd have to dispose of it in some

4:29:14manner. You'd have to vote for it or

4:29:16against it. I mean at this point there's

4:29:18the rationale for it probably moot.

4:29:21>> Um

4:29:24>> okay I will make a motion that um we

4:29:29dispose of item 7 C for no temporary

4:29:32moratorum.

4:29:33>> Okay.

4:29:35>> I have a motion and I have a second. All

4:29:37in favor say I.

4:29:39>> I opposed. Steve not leaving though. Did

4:29:44>> you get opposition on that?

4:29:47>> Why?

4:29:48>> Okay. I [laughter] did I was asking

4:29:49Debbie if she had everybody's vote.

4:29:51>> Was that a 70 vote?

4:29:53>> Yeah. One.

4:29:54>> So that's doing away with a moratorum.

4:29:57>> Correct.

4:29:58>> Yes.

4:30:01>> All right. So that's it. Uh do you need

4:30:03a motion to adjurnn?

4:30:05>> Thank you.

4:30:06>> Do you need a motion to adjurnn?

4:30:07>> Motion to adjurnn. Second.

4:30:09>> All in favor say I. Hi.

4:30:11>> Hi. Okay. Good night, [clears throat]

4:30:12everyone.