FINAL COUNTY COUNCIL OF FREDERICK COUNTY MEETING MINUTES Tuesday, May 6th, 2025 Council Members Mason Carter, Jerry Donald, Kavonte Duckett, M.C. Keegan-Ayer, Renee Knapp, Steve McKay, and Brad Young were present for the meeting. Also present were Catherine Keller, Assistant County Attorney; Ragen Cherney, Chief of Staff, County Council; Nancy Luna, Executive Assistant, County Council; and Abby Boroughs, Administrative Assistant, County Council. Council President Brad Young called the meeting to order at 5:30 p.m. Opening Statement from Council President Brad Young Council President Brad Young provided an opening statement at the start of the meeting. Included in that statement was a welcome to the Legislative Day for Tuesday, May 6th, 2025, and information on how to watch and participate in the meeting. The meeting began with a moment of silence followed by the Pledge of Allegiance. Council President Brad Young asked staff to call roll and a quorum was established. Action on the Agenda Council Member M.C. Keegan-Ayer moved to approve the agenda for 05/06/2025 as presented. Council Member Renee Knapp seconded the motion that passed 7-0. Absent/ Council Members Aye Nay Abstain/ Present District 1 - Donald X District 2 - McKay X District 3 - Keegan-Ayer X District 4- Duckett X District 5 - Carter X At Large - Knapp X Presiding Officer Young X Public Comment Public Comment was heard from: Kathleen Rall Steve Black Ron Cramer Frank Cantwell Nick Carrera With no further comments, Council President Brad Young closed Public Comment. 1 FINAL COUNTY COUNCIL OF FREDERICK COUNTY MEETING MINUTES Tuesday, May 6th, 2025 Approval of Minutes Council Member M.C Keegan-Ayer moved to approve the minutes from 04/08, 04/15, 04/22, 04/23, & 04/24, /2025 as presented. Council Member Renee Knapp seconded the motion that passed 7-0. Absent/ Council Members Aye Nay Abstain/ Present District 1 - Donald X District 2 - McKay X District 3 - Keegan-Ayer X District 4- Duckett X District 5 - Carter X At Large - Knapp X Presiding Officer - Young X Budget Adjustments - Kelly Weaver, Director, Budget Office Council Member Jerry Donald moved to approve the following budget adjustments: J-25-317 - Division of Public Works J-25-321 - Division of Family Services, Family Partnership J-25-325 - Accounting Division J-25-326 - Accounting Division, Board of Education - School Construction Amendment # 25-10 J-25-327 - Accounting Division, Board of Education - School Construction Amendment #25-09 Council Vice President Kavonté Duckett seconded the motion that passed 7-0. Absent/ Council Members Aye Nay Abstain/ Present District 1 - Donald X District 2 - McKay X District 3 - Keegan-Ayer X District 4- Duckett X District 5 - Carter X At Large - Knapp X Presiding Officer - Young X Confirmation of the County Executive's Appointments to Frederick County Boards and Commissions - Miranda Ducey, Office of the County Executive 2 FINAL COUNTY COUNCIL OF FREDERICK COUNTY MEETING MINUTES Tuesday, May 6th, 2025 Council Member. Renee Knapp moved to confirm the County Executive's appointment of Sassy Daly to the Adult Public Guardianship Review Board to terms as described by staff. Council Member M.C. Keegan-Ayer seconded the motion that passed 7-0. Absent/ Council Members Aye Nay Abstain/ Present District 1 - Donald X District 2 - McKay X District 3 - Keegan-Ayer X District 4- Duckett X District 5 - Carter X Atl Large - Knapp X Presiding Officer - Young X Council Member Renee Knapp moved to confirm the County Executive's appointment of Mary Ellen Mitchell to the Affordable Housing Council to a term as described by staff. Council Member M.C. Keegan-Ayer seconded the motion that passed 7-0. Absent/ Council Members Aye Nay Abstain/ Present District 1 - Donald X District 2 - McKay X District 3 - Keegan-Ayer X District 4- Duckett X District 5 - Carter X At Large - Knapp X Presiding Officer - Young X Council Member Renee Knapp moved to confirm the County Executive's appointment of Officer Irvin Solano to the Affordable Housing Council to a term as described by staff. Council Vice President Kavonté Duckett seconded the motion that passed 7-0. Absent/ Council Members Aye Nay Abstain/ Present District 1 - Donald X District 2 - McKay X District 3 - Keegan-Ayer X District 4- Duckett X District 5 - Carter X At Large - Knapp X Presiding Officer - Young X Council Member Jerry Donald moved to confirm the County Executive's appointment of 3 FINAL COUNTY COUNCIL OF FREDERICK COUNTY MEETING MINUTES Tuesday, May 6th, 2025 Dr. Richard Ludwick to the Bicycle and Pedestrian Advisory Council to terms as described by staff. Council Vice President Kavonté Duckett seconded the motion that passed 7-0. Absent/ Council Members Aye Nay Abstain/ Present District 1 - Donald X District 2 - McKay X District 3 - Keegan-Ayer X District 4- Duckett X District 5 - Carter X At Large - Knapp X Presiding Officer - Young X Council Member Renee Knapp moved to confirm the County Executive's appointment of Jackie Duda and Emily Kranking to the Commission on Disabilities to terms as described by staff. Council Member Jerry Donald seconded the motion that passed 7-0. Absent/ Council Members Aye Nay Abstain/ Present District 1 - Donald X District 2 - McKay X District 3 - Keegan-Ayer X District 4- Duckett X District 5 - Carter X At Large - Knapp X Presiding Officer - Young X Council Member Renee Knapp moved to confirm the County Executive's appointment of Anushka Tyagi to the Domestic Violence Coordinating Council to terms as described by staff. Council Member, Jerry Donald seconded the motion that passed 7-0. Absent/ Council Members Aye Nay Abstain/ Present District 1 - Donald X District 2 - McKay X District 3 - Keegan-Ayer X District 4- Duckett X District 5 - Carter X At Large - Knapp X Presiding Officer - Young X Council Member Renee Knapp moved to confirm the County Executive's appointment of Suhaan Pastakia to the Immigrant Affairs Commission to terms as described by staff. 4 FINAL COUNTY COUNCIL OF FREDERICK COUNTY MEETING MINUTES Tuesday, May 6th, 2025 Council Vice President Kavonté Duckett seconded the motion that passed 7-0. Absent/ Council Members Aye Nay Abstain/ Present District 1 - Donald X District 2 - McKay X District 3 - Keegan-Ayer X District 4- Duckett X District 5 - Carter X At Large - Knapp X Presiding Officer - Young X Council Member Renee Knapp moved to confirm the County Executive's appointment of Larissa Ahanogbe and Eric P. Roberts to the Sustainable Monocacy Commission to terms as described by staff. Council Member Jerry Donald seconded the motion that passed 7-0. Absent/ Council Members Aye Nay Abstain/ Present District 1 - Donald X District 2 - McKay X District 3 - Keegan-Ayer X District 4- Duckett X District 5 - Carter X At Large - Knapp X Presiding Officer - Young X Public Hearing = Rustic Roads Program Nomination of Bessie Clemson Road - Beau Lockard, Historic Preservation Planner II, Planning and Permitting Division Beau Lockard briefed the Council on the Rustic Roads Program Nomination of Bessie Clemson Road. Public Comment was heard from: Kelly Gardy Sandy Stepple Emma Burke Joel Anderson With no further comments, Council President Brad Young closed Public Comment. Council Member Mason Carter moved to approve the Rustic Roads Program Nomination of Bessie Clemson Road. Council Member Steve McKay seconded the 5 FINAL COUNTY COUNCIL OF FREDERICK COUNTY MEETING MINUTES Tuesday, May 6th, 2025 motion that passed 7-0. Absent/ Council Members Aye Nay Abstain/ Present District 1 - Donald X District 2 - McKay X District 3 - Keegan-Ayer X District 4- Duckett X District 5 - Carter X At Large - Knapp X Presiding Officer - Young X Public Hearing = Rustic Roads Program Nomination of Stevens Road - Beau Lockard, Historic Preservation Planner II, Planning and Permitting Division Beau Lockard briefed the Council on the Rustic Roads Program Nomination of Stevens Road. Public Comment was heard from: Lisianne Gravel-Lacumde Dr. Steve Vaughn Chris Lewis Joel Anderson With no further comments, Council President Brad Young closed Public Comment. Council Member Mason Carter moved to approve the Rustic Roads Program Nomination of Stevens Road. Council Member Steve McKay seconded the motion that passed 7-0. Absent/ Council Members Aye Nay Abstain/ Present District 1 - Donald X District 2 - McKay X District 3 - Keegan-Ayer X District 4- Duckett X District 5 - Carter X At Large - Knapp X Presiding Officer - Young X First Reading Calendar: a) Bill to Amend the Police Accountability Board and Administrative Charging 6 FINAL COUNTY COUNCIL OF FREDERICK COUNTY MEETING MINUTES Tuesday, May 6th, 2025 Committee - Council Vice President Kavonté Duckett Council Vice President Kavonté Duckett introduced a bill titled Bill to Amend the Police Accountability Board and Administrative Charging Committee. Third Reading Calendar: a) Bill 25-05 - Design and Specific Use Regulations for Critical Digital Infrastructure Facilities and Electric Substations - Council Member Renee Knapp Council Member Renee Knapp moved to approve Bill 25-05 - Design and Specific Use Regulations for Critical Digital Infrastructure Facilities and Electric Substations. Council Vice President Kavonté Duckett seconded the motion. Amendment 1 = Council Vice President Kavonté Duckett Council Vice President Kavonté Duckett moved to approve amendment 1. AMENDMENT 1 on Bill No. 25-05 Introduced By: Council Vice President Kavonté Duckett (District 4) Council Member Mason Carter (District 5) Introduction Date: May 6, 2025 Adopted/Rejected/Withdrawn: Adopted ANACT Update Design Requirements for Critical Digital Infrastructure Facilities and update Specific Use Regulations for Critical Digital Infrastructure Facilities and Critical Digital Infrastructure Electric Substations. On Exhibit 1, it is hereby amended as follows: $ 1-19-6.100. DESIGN REQUIREMENTS FOR SPECIFIC DISTRICTS. *** Use Minimum Lot Minimum Lot Area Lot Front Side Rear Height Classification Area per Unit Width Yard Kard Vard Limited Industrial District. LI Use Classification Minimum Minimum Lot Lot Front Side Rear Height 7 FINAL COUNTY COUNCIL OF FREDERICK COUNTY MEETING MINUTES Tuesday, May 6th, 2025 Lot Area Area per Unit Width Yard Kard Kard Limited Industrial District LI Critical digital infrastructure 80,000 300 1004 1004 1004 75' facility ****** ****** ****** Critical digital infrastructure 20,000 300 100 100 100 30 electric substation Use Minimum Lot Minimum Lot Area Lot Front Side Rear Height Classification Area per Unit Width Yard Yard Yard General Industrial District GI Use Classification Minimum Minimum Lot Lot Front Side Rear Height Lot Area Area per Unit Width Kard Kard Yard General Industrial District GI Critical digital 80,000 300 1004 1004 1004 75' infrastructure facility ****** ****** ****** Critical digital 20,000 30 infrastructure electric 300 100 100 100 substation * Equal to the height of structure. ** Minimum 10' green area no parking within area *** For development within the Village Center Zoning District see also SS 1-19-7.500(B)(2) and (3) **** Or as determined under $8 1-19-7.500(B)(3), whichever is greater ***** Except as provided in $ 1-19-8.450(B)(2) and S. 1-19-8.450(D)(). ****** EXCEPT AS PROVIDED IN 1-19-8.402(E) 1 Any proposed addition would have to meet setbacks required for new structures. Parking requirements of SS 1-19-6.200 through 1-19-6.240. 2 As shown or equal to height of structure, whichever is greater. 3 Development within the VC zoning district may not exceed the density as specified within $S 1-19- 7.500(B)(1). 4 Or twice the height of the structure, whichever is greater. 8 FINAL COUNTY COUNCIL OF FREDERICK COUNTY MEETING MINUTES Tuesday, May 6th, 2025 S1 1-19-8.402. CRITICAL DIGITAL INFRASTRUCTURE FACILITIES *** (d) The tract of land where the Critical Digital Infrastructure use is proposed may not abut land that is zoned residential or is designated residential on the Comprehensive Plan Land Use map. (E) NOTWITHSTANDING SUBSECTION (D), CRITICAL DIGITAL INFRASTRUCTURE MAY BE ESTABLISHED ON A TRACT OF LAND THAT ABUTS LAND THAT IS ZONED RESIDENTIAL OR IS DESIGNATED RESIDENTIAL ON THE COMPREHESIVE PLAN LAND USE MAP SO LONG AS THE FRONT, SIDE, AND REAR YARD SETBACKS SET FORTH IN SECTION 1-19-6-100 FOR. A CRITICAL DIGITAL INFRASTRUCTURE FACILITY ARE INCREASED TO 200 FEET FROM ANY PROPERTY LINE ABUTTING SUCH RESIDENTIALLY ZONED OR DESIGNATED LAND. Council Member Mason Carter seconded the motion that passed 5-2, with Council Members Jerry Donald and Steve McKay opposed. Absent/ Council Members Aye Nay Abstain/ Present District 1 - Donald X District 2 - McKay X District 3 - Keegan-Ayer X District 4- Duckett X District 5 - Carter X At Large - Knapp X Presiding Officer - Young X Amendment 2 - Council Member Mason Carter Council Member Mason Carter moved to approve amendment 2. AMENDMENT 2 on Bill No. 25-05 Introduced By: Council Member Mason Carter (District 5) Council Vice President Kavonté Duckett (District 4) Introduction Date: May 6, 2025 9 FINAL COUNTY COUNCIL OF FREDERICK COUNTY MEETING MINUTES Tuesday, May 6th, 2025 Adopted/Rejected/Withdrawn: Adopted AN ACT Update Design Requirements for Critical Digital Infrastructure Facilities and update Specific Use Regulations for Critical Digital Infrastructure Facilities and Critical Digital Infrastructure Electric Substations. On the bill signature page, 2 it is hereby amended as follows: AND BE IT FURTHER ENACTED BY THE COUNTY COUNCIL OF FREDERICK COUNTY that the following transitional provisions shall apply: 1. Critical Digital Infrastructure Facilities that have-reelved-sHe-plam-appreval-om cendktioma-sie-plan-appreval-fem, HAVE SUBMITTED A SITE PLAN TO the DIVISION OF PLANNING AND PERMITTNG PammingCommission, as oft the effective date of this bill are exempt from the changes in this bill. 2. Critical Digital Infrastructure Electrical Substations that havereelve-sHeplan appreval-er-cenditoma-sie-plan-approval-FOR) HAVE SUBMITTED A SITE PLAN TO the DIVISION OF PLANNING AND PERMITTNG [Planning Commission) as of the effective date of this bill are exempt from the changes in this bill. 3. Council Vice President Kavonté Duckett seconded the motion that passed 5-2, with Council Members Jerry Donald and Steve McKay opposed. Absent/ Council Members Aye Nay Abstain/ Present District 1 - Donald X District 2 - McKay X District 3 - Keegan-Ayer X 10 FINAL COUNTY COUNCIL OF FREDERICK COUNTY MEETING MINUTES Tuesday, May 6th, 2025 District 4- Duckett X District 5 - Carter X At Large - Knapp X Presiding Officer - Young X Amendment 3 = Council Member Renee Knapp Council Member Renee Knapp moved to approve amendment 3. AMENDMENT 3 on Bill No. 25-05 Introduced By: Council Member Renee Knapp (At Large) Council President Brad Young (At Large) Introduction Date: May 6, 2025 Adopted/Rejected/Withdrawn: Adopted ANACT Update Design Requirements for Critical Digital Infrastructure Facilities and update Specific Use Regulations for Critical Digital Infrastructure Facilities and Critical Digital Infrastructure Electric Substations. On Exhibit 1, it is hereby amended as follows: S 1-19-8.402. CRITICAL DIGITAL INFRASTRUCTURE FACILITIES *** (F)(1) (d) Within 6: months ofthe date of occupancy of any completed CDI building, and BIENNIALLY [bi-annually) thereafter, actual sound levels for scenarios a and b listed under (F)(1)(c)(3). above must be measured by a qualified engineer with experience in environmental acoustics and a final sound level report must be submitted to the County for review and approval. If actual sound levels exceed the maximum sound pressure levels listed in (F)(1)(b) above, corrective actions must be executed as soon as reasonably possible, but no later than 180 days from the date of the submission of the report. *** (F)(2) (c) Within 6: months of the date of occupancy of any completed CDI building, and BIENNIALLY [bi-annually) thereafter actual vibration levels must be measured by a qualified 11 FINAL COUNTY COUNCIL OF FREDERICK COUNTY MEETING MINUTES Tuesday, May 6th, 2025 individual and a vibration report must be submitted to the County for review and approval. If vibration levels exceed the maximum listed in (F)(2)(a) above, corrective action must be taken as soon as reasonably possible but no later than 180 days from the date of the submission of the report. *** $ 1-19-8.403. CRITICAL DIGITAL INFRASTRUCTURE ELECTRIC SUBSTATION *** (E)(3) (d) Within 6 months of the beginning date of operation, actual sound levels must be measured, and BIENNIALLY [bi-annually) thereafter by a qualified engineer with experience in environmental acoustics and a sound level report must be submitted to the County for review and approval. If actual sound levels exceed the maximum sound pressure levels listed in (b) above, corrective actions must be executed as soon as reasonably possible, but no later than 180 from the submission of the report. Council Vice President Kavonté Duckett seconded the motion that passed 5-2, with Council Members Jerry Donald and Steve McKay opposed. Absent/ Council Members Aye Nay Abstain/ Present District 1 - Donald X District 2 - McKay X District 3 - Keegan-Ayer X District 4- Duckett X District 5 - Carter X At Large - Knapp X Presiding Officer - Young X Amendment 4 - Council Member Steve McKay Council Member Steve McKay moved to approve amendment 4. AMENDMENT 4 on Bill No. 25-05 Introduced By: Council Member Steve McKay (District 2) Introduction Date: May 6, 2025 Adopted/Rejected/Withdrawn: Rejected 12 FINAL COUNTY COUNCIL OF FREDERICK COUNTY MEETING MINUTES Tuesday, May 6th, 2025 ANA ACT Update Design Requirements for Critical Digital Infrastructure Facilities and update Specific Use Regulations for Critical Digital Infrastructure Facilities and Critical Digital Infrastructure Electric Substations. On Exhibit 1, it is hereby amended as follows: Limited. Industrial District LI Use Classification Minimum Minimum Lot Lot Front Side Rear Height Lot Area Area per Unit Width Kard Kard Kard *** Critical digital 80,000 [200] [502] [50?1 [502] 60 infrastructure facility 300 1004 1004 1004 [75] *** General Industrial District GI Use Classification Minimum Minimum Lot Lot Front Side Rear Height Lot. Area Area per Unit Width Kard Kard Kard *** Critical digital 80,000 [200] [502] [502] [502] 60 infrastructure facility 300 1004 1004 1004 [75] Council Member Mason Carter seconded the motion that failed 2-5, with Council Members Jerry Donald, Kavonté Duckett, M.C. Keegan-Ayer, Renee Knapp, and Brad Young opposed. Absent/ Council Members Aye Nay Abstain/ Present District 1 - Donald X District 2 - McKay X District 3 - Keegan-Ayer X District 4- Duckett X 13 FINAL COUNTY COUNCIL OF FREDERICK COUNTY MEETING MINUTES Tuesday, May 6th, 2025 District 5 - Carter X At Large - Knapp X Presiding Officer - Young X Amendment 5 = Council Member Steve McKay Council Member Steve McKay moved to approve amendment 5. AMENDMENT 5 on Bill No. 25-05 Introduced By: Council Member Steve McKay (District 2) Introduction Date: May 6, 2025 Adopted/Rejected/Withdrawn: Rejected ANACT Update Design Requirements for Critical Digital Infrastructure Facilities and update Specific Use Regulations for Critical Digital Infrastructure Facilities and Critical Digital Infrastructure Electric Substations. On Exhibit 1, it is hereby amended as follows: S 1-19-8.402. CRITICAL DIGITAL INFRASTRUCTURE FACILITIES [IN THE LI AND GI DISTRICTS) *** (B) Size and location. (1) Critical Digital Infrastructure use may be established only where: *** (c) The tract ofland where the Critical Digital Infrastructure use is proposed is located within 2 miles of AN existing 69KV1115 kV or greater high-voltage electrical transmision-limeslsSTATION. Council Member Mason carter seconded the motion that failed 2-5, with Council Members Mason Carter, Kavonté Duckett, M.C. Keegan-Ayer, Renee Knapp, and Brad Young opposed. 14 FINAL COUNTY COUNCIL OF FREDERICK COUNTY MEETING MINUTES Tuesday, May 6th, 2025 Absent/ Council Members Aye Nay Abstain/ Present District 1 - Donald X District 2 - McKay X District 3 - Keegan-Ayer X District 4- Duckett X District 5 - Carter X At Large - Knapp X Presiding Officer - Young X Amendment 6 = Council Member Steve McKay Council Member Steve McKay withdrew amendment 6. AMENDMENT 6 on Bill No. 25-05 Introduced By: Council Member Steve McKay (District 2) Introduction Date: May 6, 2025 Adopted/Rejected/Withdrawn: Withdrawn AN ACT Update Design Requirements for Critical Digital Infrastructure Facilities and update Specific Use Regulations for Critical Digital Infrastructure Facilities and Critical Digital Infrastructure Electric Substations. On Exhibit 1, it is hereby amended as follows: $ 1-19-8.403. CRITICAL DIGITAL INFRASTRUCTURE ELECTRIC SUBSTATION [IN THE LI AND GI DISTRICTS] *** (A) Size and location. (1) Critical Digital Infrastructure use may be established only where: *** 15 FINAL COUNTY COUNCIL OF FREDERICK COUNTY MEETING MINUTES Tuesday, May 6th, 2025 (c) The tract of land where the Critical Digital Infrastructure Electric Substation use is proposed is located within 2 miles of AN existing 69-KV1115 kV or greater high-voltage electrical ltansmission-lineslsSTATION. Amendment 7 = Council Member Steve McKay Council Member Steve McKay moved to approve amendment 7. AMENDMENT 7 on Bill No. 25-05 Introduced By: Council Member Steve McKay (District 2) Introduction Date: May 6, 2025 Adopted/Rejected/Withdrawn: Rejected AN. ACT Update Design Requirements for Critical Digital Infrastructure Facilities and update Specific Use Regulations for Critical Digital Infrastructure Facilities and Critical Digital Infrastructure Electric Substations. On Exhibit 1, it is hereby amended as follows: S 1-19-8.402. CRITICAL DIGITAL INFRASTRUCTURE FACILITIES [IN THE LI AND GI DISTRICTS) *** (B) Size and location. *** (4) Additional size and location criteria - Applicants must demonstrate the following: *** (e) The applicant must demonstrate that the siting of the proposed use(s) will not lisprepertienately negatively impact overburdened communities or underserved communities as those terms are defined in Md. Code Ann., Environmental Article, $ 1- 701. 16 FINAL COUNTY COUNCIL OF FREDERICK COUNTY MEETING MINUTES Tuesday, May 6th, 2025 Council Member Mason Carter seconded the motion that failed 1-6, with Council Members Mason Carter, Jerry Donald, Kavonté Duckett, M.C. Keegan-Ayer, Renee Knapp, and Brad Young opposed. Absent/ Council Members Aye Nay Abstain/ Present District 1 - Donald X District 2 - McKay X District 3 - Keegan-Ayer X District 4- Duckett X District 5 - Carter X At Large - Knapp X Presiding Officer - Young X Amendment 8 = Council Member Steve McKay Council Member Steve McKay moved to approve amendment 8. AMENDMENT 8 on Bill No. 25-05 Introduced By: Council Member Steve McKay (District 2) Introduction Date: May 6, 2025 Adopted/Rejected/Withdrawn: Withdrawn AN ACT Update Design Requirements for Critical Digital Infrastructure Facilities and update Specific Use Regulations for Critical Digital Infrastructure Facilities and Critical Digital Infrastructure Electric Substations. On Exhibit 1, it is hereby amended as follows: S1 1-19-8.403. CRITICAL DIGITAL INFRASTRUCTURE ELECTRIC SUBSTATION [IN THE LI AND GI DISTRICTS] *** (A) Size and location. *** * 17 FINAL COUNTY COUNCIL OF FREDERICK COUNTY MEETING MINUTES Tuesday, May 6th, 2025 (4) Additional size and location criteria - Applicants must demonstrate the following: *** (e) The applicant must demonstrate that the siting of the proposed use(s) will not disprepertienatelyl negatively impact overburdened communities or underserved communities as those terms are defined in Md. Code Ann., Environmental Article, 8 1- 701. Amendment 9 - Council Member Steve McKay Council Member Steve McKay moved to approve amendment 9. AMENDMENT 9 on Bill No. 25-05 Introduced By: Council Member Steve McKay (District 2) Introduction Date: May 6, 2025 Adopted/Rejected/Withdrawn: Rejected AN ACT Update Design Requirements for Critical Digital Infrastructure Facilities and update Specific Use Regulations for Critical Digital Infrastructure Facilities and Critical Digital Infrastructure Electric Substations. On Exhibit 1, it is hereby amended as follows: S 1-19-8.402. CRITICAL DIGITAL INFRASTRUCTURE FACILITIES [IN THE LI AND GI DISTRICTS) *** ([BID) Design Requirements. *** (2) Visual impacts of the critical digital infrastructure on designated preservation areas, such as rural legacy areas, agricultural preservation areas, critical farms, Monocacy scenic river, A TREASURED LANDSCAPE MANAGEMENT AREA, designated heritage areas, historic sites, and sites eligible for historic designation, must be avoided or minimizedte-the maimsNemipstsals. A viewshed analysis must be submitted as part oft the site 18 FINAL COUNTY COUNCIL OF FREDERICK COUNTY MEETING MINUTES Tuesday, May 6th, 2025 development plan application for approval by staff and the Planning Commission to assure that visual impacts are avoided or minimized lethemeimumestentpraetieable through such means as building placement, building materials, landscaping, and screening. Council Member Mason Carter seconded the motion that failed 2-5, with Council Members Mason Carter, Kavonté Duckett, M.C. Keegan-Ayer, Renee Knapp, and Brad Young opposed. Absent/ Council Members Aye Nay Abstain/ Present District 1 - Donald X District 2 - McKay X District 3 - Keegan-Ayer X District 4- Duckett X District 5 - Carter X At Large - Knapp X Presiding Officer - Young X Amendment 10 = Council Member Steve McKay Council Member Steve McKay moved to approve amendment 10. AMENDMENT 10 on Bill No. 25-05 Introduced By: Council Member Steve McKay (District 2) Introduction Date: May 6, 2025 Adopted/Rejected/Withdrawn: Rejected ANACT Update Design Requirements for Critical Digital Infrastructure Facilities and update Specific Use Regulations for Critical Digital Infrastructure Facilities and Critical Digital Infrastructure Electric Substations. On Exhibit 1, it is hereby amended as follows: S 1-19-8.403. CRITICAL DIGITAL INFRASTRUCTURE ELECTRIC SUBSTATION [IN THE LI AND GI DISTRICTS] *** 19 FINAL COUNTY COUNCIL OF FREDERICK COUNTY MEETING MINUTES Tuesday, May 6th, 2025 (ICID) An application for a critical digital infrastructure electric substation must include the following: *** (5) Information as to how the applicant proposes to address the visual impact of the critical digital infrastructure electric substation on designated preservation areas, such as rural legacy areas, agricultural preservation areas, critical farms, Monocacy scenic river, A TREASURED LANDSCAPE MANAGEMENT AREA, designated heritage areas, historic sites, and sites eligible for historic designation. A VIEWSHED ANALYSIS MUST BE SUBMITTED AS PART OF THE SITE DEVELOPMENT PLAN APPLICATION FOR APPROVAL BY STAFF AND THE PLANNING COMMISSION TO ASSURE THAT VISUAL IMPACTS ARE AVOIDED OR MINIMIZED THROUGH SUCH MIEANS AS SUBSTATION PLACEMENT, BUILDING MATERIALS, LANDSCAPING, AND SCREENING. Council Member Mason carter seconded the motion that failed 2-5, with Council Members Mason Carter, Kavonté Duckett, M.C. Keegan-Ayer, Renee Knapp, and Brad Young opposed. Absent/ Council Members Aye Nay Abstain/ Present District 1 - Donald X District 2 - McKay X District 3 - Keegan-Ayer X District 4- Duckett X District 5 - Carter X At Large - Knapp X Presiding Officer - Young X Amendment 11 = Council Member Steve McKay Council Member Steve McKay moved to approve amendment 11. AMENDMENT 11 on Bill No. 25-05 Introduced By: Council Member Steve McKay (District 2) Introduction Date: May 6, 2025 Adopted/Rejected/Withdrawn: Rejected 20 FINAL COUNTY COUNCIL OF FREDERICK COUNTY MEETING MINUTES Tuesday, May 6th, 2025 AN ACT Update Design Requirements for Critical Digital Infrastructure Facilities and update Specific Use Regulations for Critical Digital Infrastructure Facilities and Critical Digital Infrastructure Electric Substations. On Exhibit 1, it is hereby amended as follows: S 1-19-8.402. CRITICAL DIGITAL INFRASTRUCTURE FACILITIES [IN THE LI AND GI DISTRICTS) *** (IDJE) Performance Standards. ** (1) Noise. *** -Wahinémamt:aflhedasefeseneemahswicdinsg.amdhe emsally-thereafer-erscalsoundlevelkersematesssandhbisidander4Del-abeve mastbe-mestrdbyagalfdesisiewihspstiseseinsnsiremmemeissecsandefinal seundlevelrepertmusthesabmieietelh-Cemnty-ferevieweandeppreval-lFachmalsemné evieesie-aimmsaériasltinenseresivessiens mstkeselsensa.ile bmisionsfiherepetl (D) PRIOR TO OCCUPANCY OF ANY CDI BUILDING, ACTUAL SOUND LEVELS OF EACH SCENARIO LISTED UNDER (F)(1)(C)(3) ABOVE MUST BE MEASURED BY A QUALIFIED ENGINEER WITH EXPERIENCE IN ENVIRONMENTAL ACOUSTICS AND A FINAL - SOUND LEVEL REPORT MUST BE SUBMITTED TO THE COUNTY FOR REVIEW AND APPROVAL. IF ACTUAL SOUND LEVELS EXCEED THE MAXIMUM SOUND PRESSURE LEVELS LISTED IN (F)(1)(B) ABOVE, CORRECTIVE ACTIONS MUST BE TAKEN PRIOR TO OCCUPANCY. *** Council Member Mason carter seconded the motion that failed 2-5, with Council Members Mason Carter, Kavonté Duckett, M.C. Keegan-Ayer, Renee Knapp, and Brad Young opposed. 21 FINAL COUNTY COUNCIL OF FREDERICK COUNTY MEETING MINUTES Tuesday, May 6th, 2025 Absent/ Council Members Aye Nay Abstain/ Present District 1 - Donald X District 2 - McKay X District 3 - Keegan-Ayer X District 4- Duckett X District 5 - Carter X At Large - Knapp X Presiding Officer - Young X The Council paused the discussion of the Bill 25-05 amendments in order to conduct the 7:00 p.m. second reading calendar public hearings. Second Reading Calendar: a) Public Hearing on FY2026 Property Tax Rates - Kelly Weaver, Director, Budget Office Public Comment was heard from: Doug Schweinhart Ashley Schweinhart Tony Chechia With no further comments, Council President Brad Young closed Public Comment. b) Bill 25-07 - Scott Key Center Advisory Board = Council President Brad Young Public Comment was heard from: None. With no further comments, Council President Brad Young closed Public Comment. The Council resumed discussion of amendments to Bill 25-05. Amendment 12 - Council Member Steve McKay Council Member Steve McKay moved to approve amendment 12. AMENDMENT 12 on Bill No. 25-05 Introduced By: Council Member Steve McKay (District 2) Introduction Date: May 6, 2025 22 FINAL COUNTY COUNCIL OF FREDERICK COUNTY MEETING MINUTES Tuesday, May 6th, 2025 Adopted/Rejected/Withdrawn: Rejected ANACT Update Design Requirements for Critical Digital Infrastructure Facilities and update Specific Use Regulations for Critical Digital Infrastructure Facilities and Critical Digital Infrastructure Electric Substations. On Exhibit 1, it is hereby amended as follows: S 1-19-8.402. CRITICAL DIGITAL INFRASTRUCTURE FACILITIES [IN THE LI AND GI DISTRICTS *** (IDIE) Performance Standards. *** * (1) Noise. *** (E) IF, UPON RECEIPT OF CREDIBLE EVIDENCE THAT HAS BEEN VERIFIED BY COUNTY STAFF, SOUND LEVELS ARE SUSPECTED TO EXCEED THE MAXIMUM SOUND PRESSURE LEVELS LISTED IN (F)(1)(B) ABOVE AT ANY TIME AFTER OCCUPANCY, THE PROPERTY OWNER MUST HIRE A THIRD- PARTY QUALIFIED ENGINEER WITH EXPERIENCE IN ENVIRONMENTAL ACOUSTICS WITHIN 30 DAYS OF NOTICE FROM THE COUNTY TO CONDUCT SOUND TESTING ALONG ALL PROPERTYLINES. A REPORT OF THIS TESTING SHALL BE PROVIDED TO THE COUNTY WITHIN 60 DAYS OF THE ORIGINAL NOTICE FROM THE COUNTY. IF ACTUAL SOUND PRESSURE LEVELS EXCEED THE MAXIMUM SOUND PRESSURE LEVELS LISTED IN (F)(1)(B) ABOVE, CORRECTIVE ACTIONS MUST BE IDENTIFIED IN THE REPORT AND EXECUTED WITHIN 90 DAYS. ONCE CORRECTIVE EFFORTS HAVE BEEN MADE, THE PROPERTY OWNER MUST OBTAIN ANOTHER SOUND STUDY BY A THIRD- PARTY QUALIFIED ENGINEER WITH EXPERIENCE IN ENVIRONMENTAL ACOUSTICS TO CONFIRM IF THE CORRECTIVE MEASURES HAVE BROUGHT THE SOUND PRESSURE LEVELS IINTO COMPLIANCE WITH THIS SECTION. (Icl[e]F) The provisions of this section do not apply to: *** Council Member Mason carter seconded the motion that failed 3-4, with Council 23 FINAL COUNTY COUNCIL OF FREDERICK COUNTY MEETING MINUTES Tuesday, May 6th, 2025 Members Mason Carter, Kavonté Duckett, Renee Knapp, and Brad Young opposed. Absent/ Council Members Aye Nay Abstain/ Present District 1 - Donald X District 2. - McKay X District 3 - Keegan-Ayer X District 4- Duckett X District 5 - Carter X At Large - Knapp X Presiding Officer - Young X Amendment 13 - Council Member Steve McKay Council Member Steve McKay moved to approve amendment 13. AMENDMENT 13 on Bill No. 25-05 Introduced By: Council Member Steve McKay (District 2) Introduction Date: May 6, 2025 Adopted/Rejected/Withdrawn: Adopted ANACT Update Design Requirements for Critical Digital Infrastructure Facilities and update Specific Use Regulations for Critical Digital Infrastructure Facilities and Critical Digital Infrastructure Blectric Substations. On Exhibit 1, it is hereby amended as follows: S 1-19-8.402. CRITICAL DIGITAL INFRASTRUCTURE FACILITIES [IN THE LI AND GI DISTRICTS) *** (B) Size and location. (1) Critical Digital Infrastructure use may be established only where: (a) The tract ofland where the Critical Digital Infrastructure use is proposed has a zoning designation of Limited Industrial (LI) or General Industrial (GI); 24 FINAL COUNTY COUNCIL OF FREDERICK COUNTY MEETING MINUTES Tuesday, May 6th, 2025 (b) The tract ofland where the Critical Digital Infrastructure use is proposed is within a Community Growth Area, as designated on the Comprehensive Plan Land Use map; (c) The tract of land where the Critical Digital Infrastructure use is proposed is located within 2 miles of existing 69 KV or greater high-voltage electrical transmission linesl; AND (d) The tract of land where the Critical Digital Infrastructure use is proposed may not abut land that is zoned residential or is designated residential on the Comprehensive Plan Land Use map. Council Member Mason Carter. seconded the motion that passed 7-0. Absent/ Council Members Aye Nay Abstain/ Present District 1 - Donald X District 2 - McKay X District 3 - Keegan-Ayer X District 4- Duckett X District 5 - Carter X At Large - Knapp X Presiding Officer - Young X Amendment 14 = Council Member Steve McKay Council Member Steve McKay moved to approve amendment 14. AMENDMENT 14 on Bill No. 25-05 Introduced By: Council Member Steve McKay (District 2) Introduction Date: May 6, 2025 Adopted/Rejected/Withdrawn: Adopted ANACT Update Design Requirements for Critical Digital Infrastructure Facilities and update Specific Use Regulations for Critical Digital Infrastructure Facilities and Critical Digital Infrastructure Electric Substations. On Exhibit 1, it is hereby amended as follows: 25 FINAL COUNTY COUNCIL OF FREDERICK COUNTY MEETING MINUTES Tuesday, May 6th, 2025 $ 1-19-8.403. CRITICAL DIGITAL INFRASTRUCTURE ELECTRIC SUBSTATION [IN THE LI AND GI DISTRICTS] *** (A) Size and location. (1) Critical Digital Infrastructure Electric Substation use may be established only where: (a) The tract of land where the Critical Digital Infrastructure ELECTRIC SUBSTATION use is proposed has a zoning designation ofl Limited Industrial (LI) or General Industrial (GI); (b) The tract of land where the Critical Digital Infrastructure Electric Substation use is proposed is within a Community Growth Area, as designated on the Comprehensive Plan Land Use map; AND (c) The tract of land where the Critical Digital Infrastructure Electric Substation use is proposed is located within 2 miles of existing 69 KV or greater high-voltage electrical transmission lines. Council Member Mason Carter seconded the motion that passed 7-0. Absent/ Council Members Aye Nay Abstain/ Present District 1 - Donald X District 2 - McKay X District 3 - Keegan-Ayer X District 4- Duckett X District 5 - Carter X At Large - Knapp X Presiding Officer - Young X Amendment 15 - Council Member Steve McKay Council Member Steve McKay moved to approve amendment 15. AMENDMENT 15 on Bill No. 25-05 Introduced By: Council Member Steve McKay (District 2) Introduction Date: May 6, 2025 26 FINAL COUNTY COUNCIL OF FREDERICK COUNTY MEETING MINUTES Tuesday, May 6th, 2025 Adopted/Rejected/Withdrawn: Rejected ANACT Update Design Requirements for Critical Digital Infrastructure Facilities and update Specific Use Regulations for Critical Digital Infrastructure Facilities and Critical Digital Infrastructure Electric Substations. On Exhibit 1, it is hereby amended as follows: S 1-19-8.402. CRITICAL DIGITAL INFRASTRUCTURE FACILITIES [IN THE LI AND GI DISTRICTS) *** (IDJE) Performance Standards. ** (1) Noise. *** (C)All applications for site plan approval must include a sound study that is prepared by a qualified engineer with experience in environmental acoustics. The purpose of the detailed study is to assess the impact of all noise sources and determine the appropriate layout, design, and control measures. The study must include: 1. Details of assessment methodology. 2. EXISTING BASELINE SOUND LEVELS ALONG ADJACENT PROPERTY LINES. 3. INCORPORATION OF SOUND STUDIES FOR ADJOINING CRITICAL DIGITAL INFRASTRUCTURE THAT IS NOT INCLUDED IN' THE EXISTING BASELINE SOUND LEVELS. [2]4. List of all ELECTRICAL EQUIPMENT, handlers, generators. and other mechanical devices that are included in the sound evaluation, including manufacturers specifications. *** Council Member Mason Carter seconded the motion that failed 2-5, with Council 27 FINAL COUNTY COUNCIL OF FREDERICK COUNTY MEETING MINUTES Tuesday, May 6th, 2025 Members Mason Carter, Kavonté Duckett, M.C. Keegan-Ayer, Renee Knapp, and Brad Young opposed. Absent/ Council Members Aye Nay Abstain/ Present District 1 - Donald X District 2 - McKay X District 3 - Keegan-Ayer X District 4- Duckett X District 5 - Carter X At Large - Knapp X Presiding Officer - Young X Amendment 16 = Council Member Steve McKay Council Member Steve McKay moved to approve amendment 16. AMENDMENT 16 on Bill No. 25-05 Introduced By: Council Member Steve McKay (District 2) Introduction Date: May 6, 2025 Adopted/Rejected/Withdrawn: Adopted AN ACT Update Design Requirements for Critical Digital Infrastructure Facilities and update Specific Use Regulations for Critical Digital Infrastructure Facilities and Critical Digital Infrastructure Electric Substations. On Exhibit 1, it is hereby amended as follows: $ 1-19-8.402. CRITICAL DIGITAL INFRASTRUCTURE FACILITIES [IN THE LI AND GI DISTRICTS] *** ([DIF) Performance Standards. *** (1) Noise. 28 FINAL COUNTY COUNCIL OF FREDERICK COUNTY MEETING MINUTES Tuesday, May 6th, 2025 a. Noise must be measured with a sound level meter. b. The maximum sound pressure levels permitted from any source, including but not limited to ELECTRICAL EQUIPMENT,air handlers, generators, and other mechanical devices, measured within an adjacent property line, are set forth below: *** Council Member Mason Carter seconded the motion that passed 7-0. Absent/ Council Members Aye Nay Abstain/ Present District 1 - Donald X District 2 - McKay X District 3 - Keegan-Ayer X District 4- Duckett X District 5 - Carter X At Large - Knapp X Presiding Officer - Young X Amendment 17 = Council Member Steve McKay Council Member Steve McKay moved to approve amendment 17. AMENDMENT 17 on Bill No. 25-05 Introduced By: Council Member Steve McKay (District 2) Introduction Date: May 6, 2025 Adopted/Rejected/Withdrawn: Rejected AN ACT Update Design Requirements for Critical Digital Infrastructure Facilities and update Specific Use Regulations for Critical Digital Infrastructure Facilities and Critical Digital Infrastructure Electric Substations. On Exhibit 1, it is hereby amended as follows: S 1-19-8.402. CRITICAL DIGITAL INFRASTRUCTURE FACILITIES [IN THE LI AND GI DISTRICTS] 29 FINAL COUNTY COUNCIL OF FREDERICK COUNTY MEETING MINUTES Tuesday, May 6th, 2025 *** (IDJE) Performance Standards. *** (1) Noise. *** (Icl[e]F) The provisions of this section do not apply to: 1. Transportation vehicles not under the control of the use. 2. Occasionally used safety signals, warning devices, and emergency pressure reliefvalves. 3. Temporary construction activity between 7:00 a.m. and 7:00 p.m. 4. tmergesymmtel90met exemptions identified in $ 1-11-6(F). *** Council Member Mason Carter seconded the motion that failed 2-5, with Council Members Mason Carter, Kavonté Duckett, M.C. Keegan-Ayer, Renee Knapp, and Brad Young opposed. Absent/ Council Members Aye Nay Abstain/ Present District 1 - Donald X District 2 - McKay X District 3 - Keegan-Ayer X District 4- Duckett X District 5 - Carter X At Large - Knapp X Presiding Officer - Young X Amendment 18 = Council Member Steve McKay Council Member Steve McKay moved to approve amendment 18. AMENDMENT 18 on Bill No. 25-05 Introduced By: Council Member Steve McKay (District 2) Introduction Date: May 6, 2025 Adopted/Rejected/Withdrawn: Rejected 30 FINAL COUNTY COUNCIL OF FREDERICK COUNTY MEETING MINUTES Tuesday, May 6th, 2025 AN ACT Update Design Requirements for Critical Digital Infrastructure Facilities and update Specific Use Regulations for Critical Digital Infrastructure Facilities and Critical Digital Infrastructure Electric Substations. On Exhibit 1, it is hereby amended as follows: $ 1-19-8.402. CRITICAL DIGITAL INFRASTRUCTURE FACILITIES [IN THE LI AND GI DISTRICTSI *** ([DJE) Performance Standards. **> * (1) Vibration. *** (c) Manémashaefa-diedfey- mmaaly-thereaferaeracta-vbsatienlevelsmastbemessurébyagualifedindividmalanda Vibration-repertmasthesbmiedtelelhe-Ceumsy-ferreviewanéapproval-lFvabrationlevels xeeHhe-masimmma-sisadintPekerahwe.esmstheastiemutbelakemasseeRas somallypesiehusmeedwn-s.dyrfae-ednefheaimisieneflerepeis) PRIOR TO OCCUPANCY OF ANY CDI BUILDING, ACTUAL VIBRATION LEVELS MUST BE MEASURED BY A QUALIFIED INDIVIDUAL AND A FINAL VIBRATION REPORT MUST BE SUBMITTED TO THE COUNTY FOR REVIEW AND APPROVAL. CORRECTIVE ACTIONS MUST BE TAKEN PRIOR TO OCCUPANCY IF THE REPORT CONCLUDES THATTHE REQUIREMENTS OF THIS SECTION HAVE NOT BEEN MET. *** Council Member Mason Carter seconded the motion that failed 2-5, with Council Members Mason Carter, Kavonté Duckett, M.C. Keegan-Ayer, Renee Knapp, and Brad Young opposed. Absent/ Council Members Aye Nay Abstain/ Present District 1 - Donald X District 2 - McKay X District 3 - Keegan-Ayer X District 4- Duckett X District 5 - Carter X 31 FINAL COUNTY COUNCIL OF FREDERICK COUNTY MEETING MINUTES Tuesday, May 6th, 2025 At Large - Knapp X Presiding Officer - Young X Amendment 19 = Council Member Steve McKay Council Member Steve McKay moved to approve amendment 19. AMENDMENT 19 on Bill No. 25-05 Introduced By: Council Member Steve McKay (District 2) Introduction Date: May 6, 2025 Adopted/Rejected/Withdrawn: Rejected AN. ACT Update Design Requirements for Critical Digital Infrastructure Facilities and update Specific Use Regulations for Critical Digital Infrastructure Facilities and Critical Digital Infrastructure Electric Substations. On Exhibit 1, it is hereby amended as follows: S 1-19-8.402. CRITICAL DIGITAL INFRASTRUCTURE FACILITIES [IN THE LI AND GI DISTRICTS *** (IDJE) Performance Standards. *** (1) Vibration. *** (D) IF, UPON RECEIPT OF CREDIBLE EVIDENCE THAT HAS BEEN VERIFIED BY COUNTY STAFF, VIBRATION LEVELS ARE SUSPECTED TO EXCEED THE LEVELS LISTED IN (F)(2)(A) ABOVE AT ANY TIME AFTER OCCUPANCY, THE PROPERTY OWNER MUST HIRE A THIRD-PARTY QUALIFIED INDIVIDUAL WITH EXPERIENCE IN VIBRATION ANALYSIS WITHN 30 DAYS OF NOTICE FROM THE COUNTY TO CONDUCT TESTING ALONG ALL PROPERTY LINES. A REPORT OF THIS TESTING SHALL BE PROVIDED TO THE COUNTY WITHIN 60 DAYS OF THE ORIGINAL NOTICE FROM THE COUNTY. IF VIBRATION LEVELS EXCEED THE MAXIMUM LEVELS LISTED IN (F)(2)(A) ABOVE, CORRECTIVE ACTIONS MUST BE IDENTIFIED AND EXECUTED WITHIN 32 FINAL COUNTY COUNCIL OF FREDERICK COUNTY MEETING MINUTES Tuesday, May 6th, 2025 90 DAYS. ONCE CORRECTIVE EFFORTS HAVE BEEN MADE, THE PROPERTY OWNER MUST OBTAIN ANOTHER VIBRATION STUDY BY A THIRD-PARTY QUALIFIED INDIVIDUAL WITH EXPERIENCE IN VIBRATION ANALYSIS TO CONFIRM THAT THE CORRECTIVE MEASURES HAVE BROUGHTTHE VIBRATION LEVELS INTO COMPLIANCE WITH THIS SECTION. *** Council Member Mason Carter seconded the motion that failed 3-4, with Councill Members Mason Carter, Kavonté Duckett, Renee Knapp, and Brad Young opposed. Absent/ Council Members Aye Nay Abstain/ Present District 1 - Donald X District 2 - McKay X District 3 - Keegan-Ayer X District 4- Duckett X District 5 - Carter X At Large - Knapp X Presiding Officer - Young X Amendment 20 = Council Member Steve McKay Council Member Steve McKay moved to approve amendment 20. AMENDMENT 20 on Bill No. 25-05 Introduced By: Council Member Steve McKay (District 2) Introduction Date: May 6, 2025 Adopted/Rejected/Withdrawn: Adopted ANACT Update Design Requirements for Critical Digital Infrastructure Facilities and update Specific Use Regulations for Critical Digital Infrastructure Facilities and Critical Digital Infrastructure Electric Substations. On Exhibit 1, it is hereby amended as follows: S 1-19-8.403. CRITICAL DIGITAL INFRASTRUCTURE ELECTRIC SUBSTATION [IN THE LI AND GI DISTRICTS] 33 FINAL COUNTY COUNCIL OF FREDERICK COUNTY MEETING MINUTES Tuesday, May 6th, 2025 *** (A) Size and location. *** (4) Additional size and location criteria = Applicants must demonstrate the following: *** (b) The applicant must demonstrate that schools. COLLEGES AND UNIVERSITIES, daycare centers, health care facilities, houses of worship. residences, and other non-industrial uses in the vicinity have been identified and negative impacts to these uses will be avoided or minimized to the maximum extent practicable. Council Member Mason Carter seconded the motion that passed 6-1, with Council Member Renee Knapp opposed. Absent/ Council Members Aye Nay Abstain/ Present District 1 - Donald X District 2 - McKay X District 3 - Keegan-Ayer X District 4- Duckett X District 5 - Carter X At Large - Knapp X Presiding Officer - Young X Amendment 21 - Council Member Steve McKay Council Member Steve McKay moved to approve amendment 21. AMENDMENT 21 on Bill No. 25-05 Introduced By: Council Member Steve McKay (District 2) Introduction Date: May 6, 2025 Adopted/Rejected/Withdrawn: Rejected AN ACT Update Design Requirements for Critical Digital Infrastructure Facilities and update Specific Use Regulations for Critical Digital Infrastructure Facilities and Critical Digital Infrastructure Electric Substations. 34 FINAL COUNTY COUNCIL OF FREDERICK COUNTY MEETING MINUTES Tuesday, May 6th, 2025 On Exhibit 1, it is hereby amended as follows: S 1-19-8.403. CRITICAL DIGITAL INFRASTRUCTURE ELECTRIC SUBSTATION [IN THE LI AND GI DISTRICTS] *** ([D]E) Design requirements. *** (1) Noise. *** (c) All applications for site plan approval must include a sound study that is prepared by a qualified engineer with experience in environmental acoustics. The purpose oft the detailed study is to assess the impact of all noise sources and determine the appropriate layout, design, and control measures. The study must include: 1. Details of assessment methodology. 2. EXISTING BASELINE SOUND LEVELS ALONG ADJACENT PROPERTY LINES. 3. INCORPORATION OF SOUND STUDIES FOR ADJOINING CRITICAL DIGITAL INFRASTRUCTURE THAT IS NOT INCLUDED IN THE EXISTING BASELINE SOUND LEVELS. 2]4. List of all devices that are included in the sound evaluation, including manufacturers specifications *** Council Member Mason Carter seconded the motion that failed 2-5, with Council Members Mason Carter, Kavonté Duckett, M.C. Keegan-Ayer, Renee Knapp, and Brad Young opposed. Absent/ Council Members Aye Nay Abstain/ Present District 1 - Donald X District 2 - McKay X District 3 - Keegan-Ayer X District 4- Duckett X 35 FINAL COUNTY COUNCIL OF FREDERICK COUNTY MEETING MINUTES Tuesday, May 6th, 2025 District 5 - Carter X At Large - Knapp X Presiding Officer - Young X Amendment 22 = Council Member Steve McKay Council Member Steve McKay moved to approve amendment 22. AMENDMENT 22 on Bill No. 25-05 Introduced By: Council Member Steve McKay (District 2) Introduction Date: May 6, 2025 Adopted/Rejected/Withdrawn: Rejected AN ACT Update Design Requirements for Critical Digital Infrastructure Facilities and update Specific Use Regulations for Critical Digital Infrastructure Facilities and Critical Digital Infrastructure Electric Substations. On Exhibit 1, it is hereby amended as follows: S 1-19-8.403. CRITICAL DIGITAL INFRASTRUCTURE ELECTRIC SUBSTATION [IN THE LI AND GI DISTRICTS] *** (IDJE) Design requirements. *** (1) Noise. *** 6P-ahinémantrfasdiesfgats.sswsamtieslmesres-amé ismmualk-hsraferhyasslssiEssatiesisisaNsaméa semmleairpaitimutheSamtissEewal-lFastuabseumd levelexedthemasmsemépsselevehasstintishowe-ceretiheselems-mastbe sedeEeRSEeN.misienafie repert.] 36 FINAL COUNTY COUNCIL OF FREDERICK COUNTY MEETING MINUTES Tuesday, May 6th, 2025 (D) PRIOR TO OPERATION, ACTUAL SOUND LEVELS MUST BE MEASURED BY A QUALIFIED ENGINEER WITH EXPERIENCE IN ENVIRONMENTAL ACOUSTICS AND A FINAL SOUND LEVEL REPORT MUST BE SUBMITTED TO THE COUNTY FOR REVIEW AND APPROVAL. IF ACTUAL SOUND LEVELS EXCEED THE MAXIMUM SOUND PRESSURE LEVELS LISTED IN (B). ABOVE, CORRECTIVE ACTIONS MUST BE TAKEN PRIOR TO OCCUPANCY. *** Council Member Mason Carter seconded the motion that failed 2-5, with Council Members Mason Carter, Kavonté Duckett, M.C. Keegan-Ayer, Renee Knapp, and Brad Young opposed. Absent/ Council Members Aye Nay Abstain/ Present District 1 - Donald X District 2 - McKay X District 3 - Keegan-Ayer X District 4- Duckett X District 5 - Carter X At Large - Knapp X Presiding Officer - Young X Amendment 23 = Council Member Steve McKay Council Member Steve McKay moved to approve amendment 23. AMENDMENT 23 on Bill No. 25-05 Introduced By: Council Member Steve McKay (District 2) Introduction Date: May 6, 2025 Adopted/Rejected/Withdrawn: Rejected AN ACT Update Design Requirements for Critical Digital Infrastructure Facilities and update Specific Use Regulations for Critical Digital Infrastructure Facilities and Critical Digital Infrastructure Electric Substations. On Exhibit 1, it is hereby amended as follows: 37 FINAL COUNTY COUNCIL OF FREDERICK COUNTY MEETING MINUTES Tuesday, May 6th, 2025 $ 1-19-8.403. CRITICAL DIGITAL INFRASTRUCTURE ELECTRIC SUBSTATION [IN THE LI AND GI DISTRICTS] *** (IDJE) Design requirements. *** (1) Noise. *** (E) IF, UPON RECEIPT OF CREDIBLE EVIDENCE THAT HAS BEEN VERIFIED BY COUNTY STAFF, SOUND LEVELS ARE SUSPECTED TO EXCEED THE MAXIMUM SOUND PRESSURE LEVELS LISTED IN (E)(3)(B) ABOVE AT ANY TIME AFTER OCCUPANCY, THE PROPERTY OWNER MUST HIRE A THIRD- PARTY QUALIFIED ENGINEER WITH EXPERIENCE IN ENVIRONMENTAL ACOUSTICS WITHIN 30 DAYS OF NOTICE FROM THE COUNTY TO CONDUCT SOUND TESTING ALONG ALL PROPERTY LINES. A REPORT OF THIS TESTING SHALL BE PROVIDED TO THE COUNTY WITHIN 60 DAYS OF THE ORIGINAL NOTICE FROM THE COUNTY. IF ACTUAL SOUND PRESSURE LEVELS EXCEED THE MAXIMUM SOUND PRESSURE LEVELS LISTED IN (E)(3)(B) ABOVE, CORRECTIVE ACTIONS MUST BE IDENTIFIED INTHE REPORT AND EXECUTED WITHIN 90 DAYS. ONCE CORRECTIVE EFFORTS HAVE BEEN MADE, THE PROPERTY OWNER MUST OBTAIN ANOTHER SOUND STUDY BY A THRD- PARTY QUALIFIED ENGINEER WITH EXPERIENCE IN ENVIRONMENTAL ACOUSTICS TO CONFIRM IF THE CORRECTIVE MEASURES HAVE BROUGHT THE SOUND PRESSURE LEVELS INTO COMPLIANCE WITH TAHIS SECTION. (Icl[e]F) The following sources of noise are exempt: *** Council Member Mason Carter seconded the motion that failed 3-4, with Council Members Mason Carter, Kavonté Duckett, Renee Knapp, and Brad Young opposed. Absent/ Council Members Aye Nay Abstain/ Present District 1 - Donald X District 2 - McKay X District 3 - Keegan-Ayer X District 4- Duckett X District 5 - Carter X At Large - Knapp X Presiding Officer - Young X Amendment 24 - Council Member Steve McKay 38 FINAL COUNTY COUNCIL OF FREDERICK COUNTY MEETING MINUTES Tuesday, May 6th, 2025 Council Member Steve McKay moved to approve amendment 24. AMENDMENT 24 on Bill No. 25-05 Introduced By: Council Member Steve McKay (District 2) Introduction Date: May 6, 2025 Adopted/Rejected/Withdrawn: Rejected ANACT Update Design Requirements for Critical Digital Infrastructure Facilities and update Specific Use Regulations for Critical Digital Infrastructure Facilities and Critical Digital Infrastructure Electric Substations. On Exhibit 1, it is hereby amended as follows: S 1-19-8.402. CRITICAL DIGITAL INFRASTRUCTURE FACILITIES [IN THE LI AND GI DISTRICTS] *** ([BJD) Design Requirements. *** (15]6) Staff shall refer site plans to the Architectural Review Committee, ifthe committee exists in good standing, for review prior to the site plan being scheduled for Planning Commission REVIEW. The recommendations of the Architectural Review Committee may be considered by the Planning Commission. (7) STAFF SHALL REFER SITE PLANS TO THE DEPARTMENT OF ENERGY AND ENVIRONMENT TO PROVIDE COMMENTS ON ANY SUSTAINABILITY MEASURES REFERENCED IN THE SITE PLAN, TO INCLUDE BUT NOT BE LIMITED TO ON-SITE ENERGY GENERATION AND MEASURES TO LIMIT USE OF POTABLE WATER. THE COMMENTS OF THE DEPARTMENT OF ENERGY AND ENVIRONMENT MAY BE CONSIDERED BY THE PLANNING COMMISSION, CONSISTENT WITH THE PLANNING COMMISSION'S AUTHORITIES. 39 FINAL COUNTY COUNCIL OF FREDERICK COUNTY MEETING MINUTES Tuesday, May 6th, 2025 (I6JI718) In addition to meeting the requirements of S 1-19[J-6.400, the following landscaping, screening, and buffering requirements must be met. *** Council Member Mason Carter seconded the motion that failed 3-4, with Council Members Kavonté Duckett, M.C. Keegan-Ayer, Renee Knapp, and Brad Young opposed. Absent/ Council Members Aye Nay Abstain/ Present District 1 - Donald X District 2 - McKay X District 3 - Keegan-Ayer X District 4- Duckett X District 5 - Carter X At Large - Knapp X Presiding Officer - Young X Amendment 25 = Council Member Steve McKay Council Member Steve McKay moved to approve amendment 25. AMENDMENT 25 on Bill No. 25-05 Introduced By: Council Member Steve McKay (District 2) Introduction Date: May 6, 2025 Adopted/Rejected/Withdrawn: Adopted AN ACT Update Design Requirements for Critical Digital Infrastructure Facilities and update Specific Use Regulations for Critical Digital Infrastructure Facilities and Critical Digital Infrastructure Electric Substations. On Exhibit 1, it is hereby amended as follows: $ 1-19-8.402. CRITICAL DIGITAL INFRASTRUCTURE FACILITIES [IN THE LI AND GI DISTRICTS *** 40 FINAL COUNTY COUNCIL OF FREDERICK COUNTY MEETING MINUTES Tuesday, May 6th, 2025 (IBJD) Design Requirements. *** (I415) In order to minimize visibility from adjacent roads and adjacent properties, ground level and roof top mechanical AND ELECTRICAL equipment, power generators, water cooling and storage facilities, utility substations, and other associated utility infrastructure to support sustained operations of the infrastructure must be screened. This screening may be provided by a principal building. Mechanical AND ELECTRICAL equipment not screened by aj principal building must be screened by a visually opaque fence, screen wall or panel, parapet wall, or other visually opaque screen that must be constructed of materials compatible with those used in the exterior architectural finishes of the principal building. *** Council Member Mason Carter seconded the motion that passed 7-0. Absent/ Council Members Aye Nay Abstain/ Present District 1 - Donald X District 2- - McKay X District 3 - Keegan-Ayer X District 4- Duckett X District 5 - Carter X At Large - Knapp X Presiding Officer - Young X Budget Amendments - Council President Brad Young Amendment 4 = Council Member Mason Carter Council Member Mason Carter moved to approve amendment 4. AMENDMENT 4 to Fiscal Year 2026 Proposed Budget Introduced By: Council Member Mason Carter (District 5) Introduction Date: May 6, 2025 Adopted/Rejected/Withdrawn: Rejected Fiscal 2026 Proposed Budget = Pages 34-38 Amend: 41 FINAL COUNTY COUNCIL OF FREDERICK COUNTY MEETING MINUTES Tuesday, May 6th, 2025 Department Proposed 2026 Reduced By 2% New Proposed 2026 County Executive $1,412,968 $28,259 1,384,709 Administrative Services $8,531,104 $170,622 $8,360,482 County Council $1,089,514 $21,790 $1,067,724 State's Attorney $9,806,478 $196,130 $9,610,348 Courts $2,660,392 $53,208 $2,607,184 Orphan' 's Court $39,911 $798 $39,113 Office of the County. Attorney $2,071,462 $41,429 $2,030,033 Economic Opportunity $3,622,074 $72,441 $3,549,633 Finance $5,192,760 $103,855 $5,088,905 Human Resources $3,000,668 $60,013 $2,940,655 Interagency Information Tech. $25,713,014 $514,260 $25,198,754 Planning & Permitting $10,188,511 $203,770 $9,984,741 Emergency Management $19,182,580 $383,652 $18,798,928 Animal Control $2,877,462 $57,549 $2,819,913 Family Services $2,447,889 $48,958 $2,398,931 Aging & Independence $4,581,357 $91,627 $4,489,730 Health Services $11,122,892 $222,458 $10,900,434 Housing $1,506,104 $30,122 $1,475,982 Parks & Recreation $19,232,359 $384,647 $18,847,712 Public Works $43,981,818 $879,636 $43,102,182 Transit Services $6,000 $120 $5,880 Energy & Environment $5,098,328 $101,967 $4,996,361 TOTAL $183,365,645 $3,667,311 $179,698,334 Additionally: This Amendment reflects a 2% cut from certain departments. Council Member Steve McKay seconded the motion that failed 2-5, with Council Members Jerry Donald, Kavonté Duckett, M.C. Keegan-Ayer, Renee Knapp, and Brad Young opposed. Absent/ Council Members Aye Nay Abstain/ Present District 1 - Donald X District 2 - McKay X District 3 - Keegan-Ayer X District 4- Duckett X 42 FINAL COUNTY COUNCIL OF FREDERICK COUNTY MEETING MINUTES Tuesday, May 6th, 2025 District 5 - Carter X At Large - Knapp X Presiding Officer - Young X Amendment 22 = Council Member Steve McKay Council Member Steve McKay moved to approve amendment 22. AMENDMENT 22 to Fiscal Year 2026 Proposed Budget Introduced By: Council Member Steve McKay (District 2) Introduction Date: May 6, 2025 Adopted/Rejected/Withdrawn: Rejected Fiscal 2026 Proposed Budget = Page 112 Amend Economic Opportunity and Jobs: #10 - Makerspace Implementation Strategy [$39,450] Additionally: Council Member Mason Carter seconded the motion that failed 2-5, with Council Members Jerry Donald, Kavonté Duckett, M.C. Keegan-Ayer, Renee Knapp, and Brad Young opposed. Absent/ Council Members Aye Nay Abstain/ Present District 1 - Donald X District 2 - McKay X District 3 - Keegan-Ayer X District 4- Duckett X District 5. - Carter X At Large - Knapp X Presiding Officer - Young X Public Comment Public Comment was heard from: Tony Chechia 43 FINAL COUNTY COUNCIL OF FREDERICK COUNTY MEETING MINUTES Tuesday, May 6th, 2025 Kevin Selner Susan Gordon John Menke Mary Posey Kap Kaplowitz With no further comments, Council President Brad Young closed Public Comment. Council Member Comments Council Member comments were provided. Upcoming Meetings Tuesday, May 13, 2025 = Workshop Tuesday, May 20, 2025 - Legislative Day Adjourn The meeting adjourned at 8:41 p.m. Saluse Brad W. Yourg, President CountyCouncil 44