When the Spotsylvania County Board of Supervisors approved design standards for the data center industry in December, it was widely assumed that the regulations would be short-lived.
David Goosman, who was elected to represent the Berkeley District in November, made it clear during his campaign that he was in support of a Special Use Permit (SUP) for data centers in Industrial zones, thus eliminating any by-right projects in the county.
On Tuesday, the board voted 6-0, with Salem District Supervisor Deborah Frazier abstaining, to suggest the planning commission recommends converting the design standards into “guidelines” and move forward with an SUP for all data centers, six of which are currently pending in the county.
Supervisor Chris Yakabouski of the Battlefield District said “the voters spoke soundly” in November when they elected him, Goosman and Lori Hayes of the Lee Hill District, all proponents of an SUP.
“The most important part of [an SUP] is that the public is involved,” Yakabouski said. “The public has an absolute right when they have property that is close by that is going to be developed in such a way that might impact them in a detrimental way to have a voice in the process. It’s that simple for me.”
Goosman implored the board to move quickly to implement the SUP. The planning commission will hold a public hearing on Feb. 4 and will forward recommendations to the board so that it can hold a public hearing on Feb. 24.
Supervisors Drew Mullins of the Courtland District and Gerald Childress of the Chancellor District initially offered pushback on the SUP but relented and supported the motion made by Livingston District Supervisor Jacob Lane.
“An SUP, when we’re not sitting up here, is the will of the board,” Childress said early in the discussion. “A design standard is more protection for the citizen than an SUP is.”
The guidelines, formerly the design standards, if approved, would provide a checklist for developers to ensure they’re meeting requirements. The design standards, when they were adopted last month, included 300-foot vegetated buffers, and 400-foot setbacks from any residential development, as well as schools, hospitals, daycares, parks and places of worship.
Spotsylvania Director of Planning and Zoning Kimberly Pomatto said the design standards still hold value, so it makes sense to convert them into guidelines.
“Rather than not having them exist in any capacity, I was recommending the board adopt some type of guideline document that’s valid for every project,” she said.
In other business, the board voted Hayes as chair and Mullins as vice chair. Hayes’ nomination was approved 7-0, while Mullins abstained from voting on his nomination, which was approved 6-0.
Yakabouski nominated Frazier as vice chair, but the motion failed by a 4-3 margin with Hayes, Goosman, Mullins and Lane not supporting it.
Frazier was apparently prepared for the rejection as she read a statement, decrying the vote as unfair and an affront to her seven-year tenure on the board, which is second only to Yakabouski.
Frazier quoted scripture and insinuated that race and her role as the school division’s chief academic officer may have played a role in the decision. Frazier is the only Black supervisor in the county’s history. She’s also the only Democrat on the current board.
“I hope this board or future boards will not judge me by the color of my skin nor the fact that you’ve perceived notions about me, whether it’s political or my professional endeavors,” Frazier said. “But you will base your assumptions, and you will base these things on my record and what I can do. I have supported all of you and I did so tonight. And you don’t have to answer to me because we all will be validated by the Master who sees every moment, who sees every action … Don’t prejudge me.”
Spotsylvania NAACP President Moe Petway also expressed disappointment in the board for not approving Frazier’s nomination. Petway said Frazier is more than qualified for the position, and that Spotsylvania residents expect leadership to reflect the demographics of the county, which is 37% minority and 19% Black.
“It took over 220 years to get the first African-American to serve on this board,” Petway said … “I can assure you that Ms. Frazier is more qualified, has more leadership experience than most of you that’s on the board, and for you not to give her an opportunity to serve is definitely disheartening.”
None of the board members addressed Frazier’s comments during the meeting. But in an interview with the Free Press, Goosman and Hayes each said their votes had nothing to do with race.
Goosman said he voted the way he did because he’s served with Mullins in other capacities and knows him better than Frazier.
Hayes acknowledged that Frazier’s employment with the school division is a concern. She said that typically the vice chair is promoted to chair the following year, and it wouldn’t be ideal to have the chair of the board of supervisors serving as one of the top administrators for the schools.
Hayes noted that Kevin Marshall, the former Berkeley District supervisor that Goosman defeated, previously served as chair despite working as the business development manager for the county, but that was before she joined the board.
Hayes said Frazier never asked for her support as vice chair, and that her vote wasn’t personal. She noted that the supervisors “hold the purse strings” for the schools and that having Frazier as chair or vice chair could be viewed as a conflict.
“I do believe she is qualified to be in the vice chair position, but I also feel that having that relationship with the schools is somewhat of an issue for me,” Hayes said. “If Kevin Marshall was still on the board, I would not have supported him for chair or vice chair … I think there needs to be some separation there.”
Frazier, who also highlighted her 30 years of experience in the school division, said that any conflict of interest is “perceived.” She said her record reflects stewardship and not personal interests. She said that she’s disclosed relationships openly, she has nothing to gain financially, politically or professionally from the vice chair position, and that she welcomes safeguards and clarification if necessary.
“But what I cannot accept and what this board should not accept is a leader limited by unspoken fears, perception-based judgment,” Frazier said. “We must ask ourselves: ‘Are we applying standards consistently? … I stand on my record. I stand on my service. I stand ready to continue leading with justice, mercy, humility, and accountability. This is what the residents of Spotsylvania deserve.”
