Town Council Regular Meeting

The Town of Warrenton P.O. Box 341 Warrenton, VA 20188 P (540) 347-1101 F (540) 349-2414 March 14, 2023. Regular Town Council Meeting Minutes Attachment 1: Handouts to Council from Citizen’s time. March 14th, 2023  The Town of Warrenton P.O. Box 341 Warrenton, VA 20188 P (540) 347-1101 F (540) 349-2414 March 14, 2023. Regular Town Council Meeting Minutes Attachment 2: Citizen Comment Emails and form submissions. From: "noreply@civicplus.com" on behalf of "noreply@civicplus.com" <noreply@civicplus.com> Sent: 14 Feb 2023 16:29:34 0600 To: """ <lpaul@warrentonva.gov> Subject: Online Form Submittal: Public Comment [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. Public Comment Name Ellen Zagrobelny Address 10120 Brown Moore Lane City Marshall State VA Zip Code 20115 Email Address Phone Number Committee, Board, or Town Council Commission Type Agenda Item Amazon Web Services SUP Application Comment I write regarding the special use permit application you will be voting on. I’m a Civil Engineer, and I review site construction plans and permit applications. I gave the SUP application in question a read, and I found it to be an incomplete application. In my experience, it is incomplete to an extent that would be unusual for approval in a large-scale project such as this one. Now we know in a special use the burden of proof is really on the applicant to provide a thorough analysis of the downsides and compelling reasons why they should receive an exception. This is what the Statement of Justification in this permit is for. But this Statement of Justification fails to provide the requested analysis. There are sixteen criteria here to be addressed. In my judgment, the applicant did adequately discuss and analyze 6 of the 16 criteria. But the remaining 10 either are avoided or the responses have not stood up to closer examination. Let’s take the environmental impact for one example… This is criteria 10 and 16 “10. Whether the proposed Special Use Permit at the specified location will result in the preservation or destruction, loss or damage of any significant topographic or physical, natural, scenic, archaeological or historic feature. 16. The effect of the proposed Special Use Permit on environmentally sensitive land or natural features, wildlife habit and vegetation, water quality, and air quality.” In the initial submittal, the Applicant responds “In 2020, the Applicant became the world’s largest purchaser of renewable energy. It’s facilities are almost 4 times as energy efficient as other enterprise data centers etc etc” it goes on like that In my judgment, that response does not adequately address the environmental impact. How could it? Similar comments can be made about the 8 other criteria. What improvements the application has, have essentially been made at the direction and demand of the citizens. The Planning Commission and the citizens have spent the last few months essentially doing the Applicant’s work for them - providing analysis, addressing the tough questions, quality controlling studies, developing feasibility options, even correcting typos and topographic errors. This application, even as it stands now, is in my judgment not thorough or complete enough to move forward. You would be right to vote no. Email not displaying correctly? View it in your browser. From: "noreply@civicplus.com" on behalf of "noreply@civicplus.com" <noreply@civicplus.com> Sent: 14 Feb 2023 17:19:09 0600 To: """ <lpaul@warrentonva.gov> Subject: Online Form Submittal: Public Comment [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. Public Comment Name Taryn Meeks Address 175 Waterloo St City Warrenton State VA Zip Code 20186 Email Address Phone Number Committee, Board, or Town Council Commission Type Agenda Item Amazon Comment Hello, I recently moved to Old Town Warrenton. I'm not able to attend the town council meeting tonight but wanted to make my voice heard. I oppose Amazon and the power towers. I do not want to see Warrenton turn into Arlington or another hub of endless buildings. Please save this lovely town! Sincerely Taryn Meeks Email not displaying correctly? View it in your browser. From: "noreply@civicplus.com" on behalf of "noreply@civicplus.com" <noreply@civicplus.com> Sent: 16 Feb 2023 06:32:19 0600 To: """ <lpaul@warrentonva.gov> Subject: Online Form Submittal: Public Comment [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. Public Comment Name Charlie Keith Address 140 Morningside Drive City Culpeper State VA Zip Code 22701 Email Address Phone Number Committee, Board, or Town Council Commission Type Agenda Item Thank You Comment Regarding the data center permit, thank you for your courageous vote to bring some growth and revenue to Warrenton. Doing what is right is not always popular, and I was truly impressed by your professionalism and courage in the midst of resistance. Many of us who welcome bridled growth, such as this permit, fail to see how a possibly slightly humming data center would bring about noise pollution next to an existing highway--an absurd position to take in my opinion. Again, thank you and keep up the great work in keeping Warrenton unique and thriving at the same time. -Charlie Keith Email not displaying correctly? View it in your browser. From: "noreply@civicplus.com" on behalf of "noreply@civicplus.com" <noreply@civicplus.com> Sent: 17 Feb 2023 11:34:27 0600 To: """ <lpaul@warrentonva.gov> Subject: Online Form Submittal: Public Comment [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. Public Comment Name Jeff Bezos Address 100 Prime Way City Amazonville State VA Zip Code 33221 Email Address Onthetake@warrenton.gov Phone Number 000-000-1111 Committee, Board, or Town Council Commission Type Agenda Item Amazon Comment There is no doubt in my mind all of you who voted for this data center are on the take. Shame on all of you. Email not displaying correctly? View it in your browser. From: "Tom deButts" < > Sent: Tue, 14 Feb 2023 15:17:20 +0000 (UTC) To: """ <citizencomment@warrentonva.gov> Subject: Warrenton Data Center [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. I am writing to urge the Council to decline the request to approve the massive data center in town due to the noise and vibration that will be caused by the center. The noise will be a permanent loss of the quiet that is a part of Warrenton and once lost, cannot be regained. Approval of this proposal will permanently change Warrenton’s small-town appeal and Fauquier County’s rural character, and significant noise and visual impacts will affect citizens and visitors alike. Citizens and visitors arriving from the East will be greeted by a fifty-foot-high building on an elevated site, right at the eastern entry to Warrenton. The data center and power lines will be visible from many parts of both Warrenton itself and the surrounding countryside. If any members have not physically visited the Ashburn data alley, they may not appreciate the gravity of this decision. Please don't sell out the town for such a short-term financial gain at the expense of the town, its quiet nature, and its residents. Thomas M. deButts 1415 Snowden Road Delaplane, VA 20144 � From: "Mark Head" < > Sent: Tue, 14 Feb 2023 13:19:16 0500 To: """ <citizencomment@warrentonva.gov> Subject: Hi � [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. Too late to submit an email Comment for tonight’s hearing ? Tks Mark Head, MD Airlie Sent from my iPhone From: "Mark Head" < > Sent: Tue, 14 Feb 2023 13:44:58 0500 To: "citizencomment" <citizencomment@warrentonva.gov> Cc: "wm" < > Subject: Re: Automatic reply: Hi � [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. Tks The comment comes from an old friend and expert in Electromagnetic Field effects on biological systems: Prof Wilhelm Mosgoeller, currently giving expert testimony in a class action lawsuit at District Superior Ct in D.C. Willi will write with my blessing directly to you. I’ve long followed his work & endorse it Cheers MMH Mark Head, MD Airlie On Feb 14, 2023, at 1:19 PM, citizencomment <citizencomment@warrentonva.gov> wrote: Thank you for your email, while there is no guarantee your comment will be read aloud please know it will be part of the minutes. Town of Warrenton From: "Mark Head" < > Sent: Tue, 14 Feb 2023 16:28:57 0500 To: "citizencomment" <citizencomment@warrentonva.gov> Subject: Re: Automatic reply: Hi � [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. Prof Mosgoeller’s missive is on its way ! Hope someone is in the office to retrieve it, should it seem a good idea to read aloud tonight. It will be a general statement only. MMH On Feb 14, 2023, at 1:44 PM, Mark Head <tunedoctor@me.com> wrote: Tks The comment comes from an old friend and expert in Electromagnetic Field effects on biological systems: Prof Wilhelm Mosgoeller, currently giving expert testimony in a class action lawsuit at District Superior Ct in D.C. Willi will write with my blessing directly to you. I’ve long followed his work & endorse it Cheers MMH Mark Head, MD Airlie On Feb 14, 2023, at 1:19 PM, citizencomment <citizencomment@warrentonva.gov> wrote: Thank you for your email, while there is no guarantee your comment will be read aloud please know it will be part of the minutes. Town of Warrenton From: "Mark Head" < > Sent: Tue, 14 Feb 2023 16:46:02 0500 To: "citizencomment" <citizencomment@warrentonva.gov> Subject: Fwd: Automatic reply: Hi � [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. FYI: From: wm < > Date: February 14, 2023 at 4:36:56 PM EST To: Mark Head < > Subject: Re: Automatic reply: Hi � Hi Mark To write a statement I should know the situation. Is the situation like the following: A company plans to built a huge sth. which will increase the residents permanent (day and night, 7 days /week ) exposure to EMF (electromagnetic fields). In short: The project will (or may) increase the risks associated with EMF in the low frequency range (50 60 Hz, powersupply). Possibly EMF in the high frequency range (telecommunication, data exchange)by radiofrequencies) is also on the list. In the USA the environmental immissions from EMF appliances are limited. Official safety standards are issued by the so called IEEE (I triple E). Typically citizens are concerned because high voltage powerlines can increase the environmental field exposure, while the official safety limits for EMF field exposure do not protect for diseases associated with long term exposure. There are ways to minimize EMF Imissions (from high voltage power lines and reduce associated risks by specific arrangement of the electric wires. I recommend to consider environmental field reduction allready in the planning phase better safe than sorry. Willy Mosgoeller Am 14.02.2023 um 19:44 schrieb Mark Head: Tks The comment comes from an old friend and expert in Electromagnetic Field effects on biological systems: Prof Wilhelm Mosgoeller, currently giving expert testimony in a class action lawsuit at District Superior Ct in D.C. Willi will write with my blessing directly to you. I’ve long followed his work & endorse it Cheers MMH  Mark Head, MD Airlie On Feb 14, 2023, at 1:19 PM, citizencomment <citizencomment@warrentonva.gov> wrote: Thank you for your email, while there is no guarantee your comment will be read aloud please know it will be part of the minutes. Town of Warrenton -- ------- SCIgenia Science Support GmbH - International Project-Design & Management Email: Tel.: Web: Büro: Rögergasse 32/18, 1090 Wien Austria Firmensitz: Hahngasse 16/14, 1090 Wien CEO: Annelie Engels, FN 323636 k, HG Wien , VAT-ID: ATU 64857033 This message is confidential and may be privileged. If you have received it (including attachments) by mistake, please notify the sender by return e-mail and delete this message from your system. Any unauthorised use or dissemination of this message in whole or in part is strictly prohibited. From: "Ellen Zagrobelny" < > Sent: Tue, 14 Feb 2023 17:26:55 0500 To: """ <citizencomment@warrentonva.gov> Subject: Citizen Comment for 2/14 [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. Dear Town Council, It was my intent to speak this evening as part of the public comments. A sudden illness keeps me from doing so. While it is very last-minute, I hope these comments can be included in the record. Below is my prepared comment. Regards, Ellen Zagrobelny I’m going to speak to you about the special use permit application you will be voting on. I’m a Civil Engineer, and I review site construction plans and permit applications. I gave the SUP application in question a read, and I found it to be an incomplete application. In my experience, it is incomplete to an extent that would be unusual for approval in a large-scale project such as this one. Now we know in a special use the burden of proof is really on the applicant to provide a thorough analysis of the downsides and compelling reasons why they should receive an exception. This is what the Statement of Justification in this permit is for. But this Statement of Justification fails to provide the requested analysis. There are sixteen criteria here to be addressed. In my judgment, the applicant did adequately discuss and analyze 6 of the 16 criteria. But the remaining 10 either are avoided or the responses have not stood up to closer examination. Let’s take the environmental impact for one example… This is criteria 10 and 16 “10. Whether the proposed Special Use Permit at the specified location will result in the preservation or destruction, loss or damage of any significant topographic or physical, natural, scenic, archaeological or historic feature. 16. The effect of the proposed Special Use Permit on environmentally sensitive land or natural features, wildlife habit and vegetation, water quality, and air quality.” In the initial submittal, the Applicant responds “In 2020, the Applicant became the world’s largest purchaser of renewable energy. It’s facilities are almost 4 times as energy efficient as other enterprise data centers etc etc” it goes on like that In my judgment, that response does not adequately address the environmental impact. How could it? Similar comments can be made about the 8 other criteria. What improvements the application has, have essentially been made at the direction and demand of the citizens. The Planning Commission and the citizens have spent the last few months essentially doing the Applicant’s work for them - providing analysis, addressing the tough questions, quality controlling studies, developing feasibility options, even correcting typos and topographic errors. This application, even as it stands now, is in my judgment not thorough or complete enough to move forward. You would be right to vote no. From: "Stephen Clough" <sclough@warrentonva.gov> Sent: Thu, 16 Feb 2023 18:30:19 +0000 To: "citizencomment" <citizencomment@warrentonva.gov> Subject: FW: Please Deny the Amazon Data Center Special Use Permit: Stephen Clough Town Clerk, FOIA Officer Town of Warrenton, VA 21 Main Street Warrenton, VA 20186 M: (540)-714-9270 warrentonva.gov CONFIDENTIALITY NOTICE: This electronic message is intended to be viewed only by the individual or entity to whom it is addressed. It may contain information that is privileged, confidential and exempt from disclosure under applicable law. Any dissemination, distribution or copying of this communication is strictly prohibited without the permission of the sender. If the reader of this message is not the intended recipient, or if you have received this communication in error, please notify the sender immediately by return e-mail and delete the original message and any copies of it from your computer system. -----Original Message----- From: Denise Harris <dharris@warrentonva.gov> Sent: Thursday, February 16, 2023 11:35 AM To: Stephen Clough <sclough@warrentonva.gov> Subject: FW: Please Deny the Amazon Data Center Special Use Permit: FYI - for your records. -----Original Message----- From: Rob Walton <rwalton@warrentonva.gov> Sent: Thursday, February 16, 2023 10:03 AM To: Denise Harris <dharris@warrentonva.gov> Subject: FW: Please Deny the Amazon Data Center Special Use Permit: Just an FYI. This was received around midnight this past Wednesday. -----Original Message----- From: Sent: Wednesday, February 15, 2023 12:12 AM To: Rob Walton <rwalton@warrentonva.gov> Subject: Please Deny the Amazon Data Center Special Use Permit: [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. Dear Director of Community Development Rob Walton, THE SPECIAL USE PERMIT SHOULD BE APPROVED. THE COUNCIL SHOULD BE DECIDING THE FUTURE PATH OF WARRENTON AND SINCE IT HAS A NEGLIGIBLE EFFECT ON HISTORIC WARRENTON THE COUNSEL SHOULD OBVIOUSLY APPROVE THE PERMIT ON THE BASES THAT IN ORDER TO HAVE A HISTORY TO PRESERVE, ONE MUST ACCEPT HOW HISTORY IS MADE. THIS APPROVAL WOULD BE HISTORICAL AND THE LOCATION IS PERFECT. Sincerely, Nicholas Allen 10476 Shortcut Rd Catlett, VA 20119-2444 From: "Michael Bruck" < > Sent: Tue, 14 Mar 2023 15:09:47 +0000 To: "citizencomment@warrentonva.gov" <citizencomment@warrentonva.gov> Subject: SUP 2022 03 data center vote and maladministration liability Attachments: The community recognizes only as invalid and unrepresentative of the will of the community the Town Council.docx [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe.  The Town of Warrenton P.O. Box 341 Warrenton, VA 20188 P (540) 347-1101 F (540) 349-2414 March 14, 2023. Regular Town Council Meeting Minutes Attachment 3: Signed Legislation