Congratulations – But the Fight Continues

Congratulations to the citizens of Front Royal! We spoke with one voice, and we were heard. However, the fight continues with the County, where members of the County government continue to back the development of an AI Center.

The County Attorney continues to operate behind closed doors, putting up roadblocks to any attempt to outlaw these centers. He claims the owners have “by-right development” and that there is nothing we can do to say no. He says we have neither the jurisdiction nor the authority to ban them. He also likes to point out that the “Dillon Rule” prohibits us from even attempting to stop the development. This means that localities cannot do what the state legislature has not empowered them to do.

In an 18 June Letter to the Editor, Mr. Scott Lloyd wrote:

“The Virginia Code states:

15.2-2280. Zoning ordinances generally.

Any locality may, by ordinance, classify the territory under its jurisdiction, or any substantial portion thereof, into districts of such number, shape, and size as it may deem best suited to carry out the purposes of this article, and in each district it may regulate, restrict, permit, prohibit, and determine the following:

1. The use of land, buildings, structures, and other premises for agricultural, business, industrial, residential, floodplain, and other specific uses;
2. The size, height, area, bulk, location, erection, construction, reconstruction, alteration, repair, maintenance, razing, or removal of structures;
3. The areas and dimensions of land, water, and air space to be occupied by buildings, structures, and uses, and of courts, yards, and other open spaces to be left unoccupied by uses and structures, including variations in the sizes of lots based on whether a public or community water supply or sewer system is available and used; or
4. The excavation or mining of soil or other natural resources.”

So there it is — even a lawyer (who has attempted to limit citizen knowledge or involvement in deciding issues) can understand this language and the fearmongering some Supervisors are touting: “My job is to protect the County — and those data centers have DEEP pockets” — be afraid, be very afraid. What nonsense!

Mr. Lloyd continues:

“This provides our local governments with the ability to ban data centers by name (by ‘prohibiting…the use of land’ for data centers) and by characteristic (by limiting square footage, electricity and water usage, and determining setbacks, height requirements, and other characteristics that make large-scale data centers impossible). It bears mention that the Dillon Rule itself is a judge-made rule from the 19th century that is both anachronistic and at odds with both the spirit and letter of the Virginia and U.S. Constitutions.”

But let’s go back — who started this fiasco? Once again, the EDA. You remember the EDA? Jennifer once claimed that “anything that involves the EDA is SECRET!” So here we have a group of people we didn’t elect deciding it was a grand idea to sell a plot of land to a known realtor who specializes in data center development.

So the question becomes: who oversees the EDA? The Town wants no part of it. During the halcyon days of Jennifer, the Supervisors claimed they had no oversight of the EDA. Now they vaguely claim that they are “in charge” — sort of, kind of. Remember, some of these Supervisors were responsible for bringing the monstrosity of the power plant (which pays very little in taxes, uses thousands of gallons of water, kills bats and birds, and provides no electricity) just on the outskirts of town. It costs money to transmit electricity long distances. Why would they decide to put one here and not in New Jersey, Pennsylvania, or New York itself? Makes you want to go hmmm.

Let’s not forget the Planning Commission. You know, the guys who approved a developer building homes on the side of a ravine, cutting down all the trees, and putting houses side by side along the banks of a creek that once flooded. I have read the vaunted “Plan” and cannot find a section that says, “Let’s put a huge building on toxic land that sucks up water and electricity (isn’t it strange the Electric Department said they had to have a new substation or we would run out of electricity, but it had nothing to do with the AI center — rate hike predicted), makes noise, increases heat for several miles around (look at this weekend’s weather forecast — 100 degrees+), and has negative health impacts.” Sounds like a plan to me.

Some have said that, in an idyllic world, “Warren County could become a technology hub” — sort of like Silicon Valley. Wow, let’s get rid of those troublesome trees and intrusive tourists. As an old Eagles song says, “just bring more money.”

Currently, there are 678 AI centers in Virginia — the most in any state. Why?

Here is the funny part. In a recent Northern Virginia Daily article, they reported:

“Warren County administrators recently paused the search for a tourism manager until after they develop a strategy to draw tourists.

Interim County Administrator Jane Meadows said in a Monday email that the hiring process for the tourism manager is on hold.

‘While we received more than 20 applications, not all applicants were interviewed, and we have paused the recruitment process while we complete additional strategic planning related to the future direction of tourism in Warren County,’ Meadows said in the email.

The county has been evaluating the direction of its tourism program for the past two years, Meadows said. Board of Supervisors members have identified tourism as one of their strategic priorities. Staff have been working to ensure that future tourism initiatives align with that direction, Meadows said.

At the same time county staff were conducting the recruitment process, they also met with a representative from the Virginia Tourism Corporation to discuss best practices and long-term destination development, Meadows said.

‘Those discussions reinforced the importance of first establishing a clear strategic framework for the tourism program before making a long-term hiring decision,’ Meadows said.

The county’s goal is to position tourism as a year-round economic driver, Meadows said. At the same time, the county needs to ensure it uses the revenue collected from the transient occupancy (hotel) tax responsibly to fund the Tourism Department. Virginia code requires that the county use the revenue from the transient occupancy tax above 2 percent for tourism- or travel-related purposes.

Supervisors discussed tourism at their June 2 and June 9 meetings. The Town/Council Liaison Committee discussed tourism at its June 4 meeting.”

I know — let’s build a monster: a sucking, vibrating electricity drain. The tourists will love that, especially if they are escaping Northern Virginia. Or take them on tours of the “historic” Afton Inn. We could claim it was blown up in the Civil War and kept in ruins out of pride. Or take them up to Stokes, where a storm tore off part of the wall, exposing the various critters and asbestos hidden there.

And isn’t this what the whole issue is? As Jennifer once said, “It’s all about the Benjamins” — money.

Special thanks to Mr. Lloyd — great letter.

Fritz Schwartz
Warren County, VA

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