[Andy Fox]

I received a letter President of AT&T-Tennessee, James Jamison, which I sent to Dru for circulation. His concern and remedy echoes Commissioner Hill. He notes that AT&T communication centers operate well below the peak electrical demand in the moratorium. His concern is about the language being overly broad. I do not think this is possible, given how ordinances are interpreted. This is my response to Pres. Jamison, and I believe it addresses Commissioner Hill’s proposal.

Pres. Jamison:

I regret that I do not have adequate time today to write a formal response on letterhead. My response is that under standard statutory construction principles, the “and” within the moratorium by necessity requires the inclusion of the 5 MW for any facility that could fall within the definition of a data center. Consequently, I do not share your concern that the moratorium could inadvertently capture facilities owned by AT&T or any other telecoms provider, which as you note do not require the type of intensive computing power that is required to bring the peak electric demand over 5 MW. In talking with Knox County’s director of IT, Zach Webb, power demands for normal business-related computer demands have actually decreased in the past years, as technology continues to improve the efficiency of computer chips.

I would consider amending the moratorium to reiterate that the moratorium is not intended to capture any facility described by subsection a and subsection b, but is less than 5 MW. I am not willing to consider a blank check exemption for facilities filled with banks and banks of processing units and fans, that are described as telecommunication centers versus data centers. The nomenclature does not matter, the power demand, water usage, environmental impact, and noise and health impact on nearby communities do.

Regards,

[Andy Fox]

Yes contemporaneous with this I provided it to Dru for attachment.

[Andy Fox]

Please add the following to nonconsent:
14, 16, 20, 27, 28, 29, 33, 34, 36, 37, 38, 39, 44,

I no longer desire for 41 to be on nonconsent; not sure if anyone else pulled it.

[Andy Fox]

Here is the moratorium resolution I prepared:

WHEREAS, the Knox County Board of Commissioners has identified the need to update the County’s land use control regulations to address current and emerging technologies not yet covered by existing zoning regulations including but not limited to a use commonly referred to as “data processing” or “data mining” centers or “crypto-currency mining” facilities (referenced herein as Data Center facilities)

WHEREAS, the Knox County Board of Commissioners, for the purpose of this Resolution, defines a Data Center as a facility that:
1) primarily contains:
a) electronic equipment used to process, store, or transmit digital information; and
b) environmental control equipment necessary to maintain proper operating conditions for the said electronic equipment; and
c) (i) said facility is projected to have a peak electric demand of 5 MW or more; or
(ii) said facility refuses to disclose its peak electric demand level

2) does not include a facility owned or operated by the State of Tennessee

3) does not include a facility owned or operated by Knox County, provided that Knox County does not lease to a nongovernmental third-party any operating capacity that would require a greater peak electric demand greater than 5 MW.

WHEREAS Data Center facilities and operations require extraordinary levels of electrical power, often equivalent to the consumption of thousands of homes, placing strain on local utilities and potentially increasing costs to residential ratepayers;

WHEREAS, such facilities and operations generate significant continuous noise from industrial-grade cooling systems, fans, and compressors, which can negatively impact property values, public health, and the peaceful enjoyment of nearby communities;

WHEREAS, such facilities and operations often require extraordinary levels of water for cooling, 200,000 to 300,000 gallons of water per day for a Data Center facility that has a peak electric demand of 50 MW;

WHEREAS, Data Center facilities provide limited job creation, minimal economic impact compared to the infrastructure burden they impose, and may not align with the long-term economic development goals of Knox County as understood and identified at this time;

WHEREAS, Multiple jurisdictions nationwide have restricted or prohibited data-mining operations or generative AI facilities due to concerns over electrical grid strain, noise nuisances, fire hazards, and the lack of community benefit, and several Tennessee counties either have implemented a moratorium or are in the process of implementing a moratorium, or have already created strict zoning regulations for data centers, such as Bradley County, Coffee County, Jefferson County, and Washington County;

WHEREAS, the Knox County Board of Commissioners has a responsibility to protect the health, safety, welfare, and property values of its citizens and to ensure responsible land-use planning that preserves the character of local rural and residential communities of the unincorporated areas of Knox County;

WHEREAS, the Knox County Board of Commissioners has already officially requested the Knoxville/Knox County Planning Commission to develop zoning regulations, but the Knox County Board of Commissioners must act to prevent the construction of any Data Center facility until such time as zoning regulations have been recommended Knoxville/Knox County Planning Commission and approved by the Knox County Board of Commissioners;

BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF KNOX COUNTY, TENNESSEE THAT:

SECTION 1. Knox County hereby imposes a moratorium effective immediately through to June 30, 2027, to begin upon passage of this Resolution, forbidding the location, construction, operation, permitting, vesting, etc., of Data Center facilities within Knox County.

SECTION 2. Data Center facilities, including but not limited to AI and cryptocurrency-mining operations, blockchain-computing centers, etc., are hereby prohibited during such moratorium from filing preliminary development plans, final development plans, and/or applications for building permits, etc., that may entitle them to any vesting rights, and are prohibited from locating, constructing, or operating in Knox County during said moratorium, other than those facilities that are operating at the time this resolution is adopted.

SECTION 3. During such moratorium, no county permits, zoning approvals, building approvals, utility extensions, building permits, text amendments, and/or development agreements, etc., shall be issued for the purpose of establishing a Data Center facility, of any form or kind for such operations within Knox County.

SECTION 4. During such moratorium, no avoidance of such moratorium may be achieved by, for example, establishing more than one Data Center facility of peak electric demand of 5 MW or less on 1 acre of land, which would result in multiple buildings on 1 acre of land, each containing a Data Center facility of peak electric demand of 5 MW or less yet a total peak electric demand of more than 5 MW for processing, storing, or transmitting digital information as well as providing environmental control mechanisms for the electrical equipment.

SECTION 5. This moratorium may be extended by vote of this body beyond the initial June 30, 2027 expiration date.

SECTION 6. If any portion of this Resolution is found invalid by a court of competent jurisdiction, the remaining sections shall remain in full force and effect. This resolution shall take effect from and after its passage. All resolutions in conflict herewith shall be and the same are hereby rescinded insofar as such conflict exists.

SECTION 7. This resolution shall take effect as provided by the Charter of Knox County, Tennessee, the public welfare requiring it.

[Andy Fox]

A number of people have reached out to me since my announcement of the March Muslim Madness discussion topic, requesting that I delay this item on the agenda. They’ve expressed they want to be involved in this issue personally, but are currently devoting their time to election issues and are unable to commit time to both issues. Therefore, in light of the impending election, I am pulling the March Muslim Madness discussion topic off this month.

I reject the idea of a workshop on this issue, however. Most people cannot attend events that occur during the business day. Even attending our commission meeting that starts at 5 PM is difficult for the working people of Knox County, the people who actually pay the bills for the county; I have repeatedly heard that feedback from constituents, both in regards to our zoning meeting and government agenda meeting.

Our commission meeting is a dedicated, transparent forum, at least as I understand those words, for engagement on issues of public concern. Our agenda specifically includes a public forum that is not tied to any particular agenda item. I do not think that a workshop in the middle of the day, tucked away at the commission conference room or some other conference room would be more “dedicated” and “transparent” than the regular government agenda meeting that is actually broadcast on public TV.

Also, a Commissioner or member of the public can sign up to speak with no notice of the topic at all. By law, we have to give notice of items that we will be voting on and some other items. There is no requirement of notice or vetting before every single topic that may be discussed by Knox County Commission during the government agenda meeting. I would appreciate you explaining what you mean by “vetting”, and where you are getting your claim that we have a responsibility of providing notice for every single topic that may be discussed during the government agenda meeting.

I encourage everyone to read Article II-Legislative Branch, section 2.01. It states, “The legislative power of the County includes all lawful authority to adopt ordinances, emergency ordinances, and resolutions governing the operation of government or regulating the conduct and affairs of the residents of the County . . . . It is the business of the commission to deal with more than just government budget, roads, and zoning. I’ve stated this repeatedly, and the Knox County Charter backs me up.

In light of the many terrorist acts committed by muslims across America and in other parts of the world, we need to discuss whether a threat exists – I do believe a threat exists – and what to do about such a threat. The last thing we should do is bury our heads in the sand and pretend that nothing is happening. Given the delay, I may bring some legislative items forward as part of this presentation.

By the way, under Knox County Commission Rule VI, Section E, discussion items are specifically for topics that an individual Commissioner believes are important to discuss but do not necessarily reflect the views of the commission as a whole. So there is no “vetting” of what an individual Commissioner wants to discuss.

[Andy Fox]

Here is the update to the language regarding illegal aliens:

11) A sworn statement from the executive director of the organization subject to penalty of perjury, affirming to the best of the person’s knowledge, information, and belief:

1) that no funds of the organization are used to the benefit any person or persons residing in, staying in, or visiting Knox County while in violation of United States immigration laws (including but not limited to 8 USC § 1182, §1227, §1324, §1325, and §1326), other than providing assistance to minors who have been directed by law enforcement or child protective services to receive services provided by the organization; and

2) practices are in place to make sure no organization funds are used for the benefit of such person or persons described in subparagraph (a)(11)(1).

[Andy Fox]

Here is my response; I quote your comment and then provide the response:

1) “I do not believe the concept of a “heckler’s veto” applies to discourse between elected officials. If the Chair were to prevent you from speaking due to anticipated audience reaction, that would clearly implicate First Amendment concerns. By contrast, disagreement or criticism from another commissioner does not approach a violation of free speech — even if raised voices occur. I also do not think it is fair to characterize Commissioner Rawls’ comments as heckling or jeering.”

I do not characterize Commissioner Rawls’ comments as heckling or jeering. The heckling was coming from the audience. Commissioner Rawls’ response, however, as I stated in my initial post, is a type of soft censorship, akin but not identical to the government response to speech that creates acrimony. I used the word “passive” in my first post; it is not the hard censorship of complete speech prohibition. I believe a free speech supportive response would be, “I do not agree with Commissioner Fox’s position on illegal immigration, but I support him responding to issues raised by people speaking in the public square. He should have an opportunity to respond to those comments.” Commissioners Rawls and Jay expressed the opposite.

2)“Raising issues over which we lack control risks placing commissioners in the position of taking symbolic or partisan stances that do not lead to actionable outcomes or strengthen working relationships.”

As I stated during the commission meeting, the issues raised by the public in October and January, to which I intend to respond, relate to provisions in the nonprofit grant eligibility ordinances that were proposed by Commissioner Russell and I in October 2025, as well as the resolution proposed by Commissioner Lee. Consequently, speaking to objections raised by some members of the public is germane, and indeed necessary for full deliberation.

Furthermore, we do have control of how Knox County can respond to the scourge of illegal immigration and make it less prevalent in our county. The issue of illegal immigration touches everyone in Knox County, regardless of the pending ordinances and resolution. Explain, if you disagree, how illegal aliens competing with citizens and legal residents for a limited resource like housing, which you claim to be in scarcity, is not a local issue? Explain, if you disagree, how grants of Knox County tax dollars to nonprofits that may be using these funds in violation of 8 USC §1324 is not a local issue?

3)“We have many substantive and productive debates on issues squarely within our responsibility—budget priorities, zoning decisions, and long-term county growth. Focusing our energy there is the best way to serve the people who elected us.”

What did Commissioner Rawls’ sponsorship of the Justice Center presentation in December 2025 have to do with these issues? Was there even anything relating to the Justice Center pending before us – in contrast to the illegal immigration issue as I explain above? That presentation was a PR effort on behalf of Michelle Clayton, and I do not begrudge Commissioner Rawls of that perquisite of being a Knox County Commissioner. No one raised an objection about that presentation, although it did not meet the criteria that you lay out nor the criteria that Commissioner Jay laid out during our last meeting. That presentation was not about budget, zoning, and long term county grown, nor was it about anything immediately before the commission. It was simply about an issue that Commissioner Rawls felt important to bring to our attention, I presume. I observe selective objection to what is deemed acceptable to be brought before the County Commissioners.

[Andy Fox]

I like this, but I would like there to be a penalty for failure to observe this language.

[Andy Fox]

I see this issue differently. I put the provision in because some organizations literally are adjuncts to LE or receive referrals and/or are part of the legal justice system, and minors living here in violation of immigration laws are being protected by LE and the general criminal laws of Tennessee, mostly from the very people who brought them here.

The organizations you are referring to are providing voluntary assistance to the public at large, not under the mandate of providing a necessary service that is an adjunct to LE. There should be a high bar to receiving public funds, and if an organization refuses to be vigilant with public funds, then the organization needs to seek funding elsewhere.

[Andy Fox]

I am going to propose that subparagraph (a)(10) be revised to read as follows:

10 A sworn statement from the executive director of the organization subject to penalty of perjury, affirming:
1) that no funds of the organization are used to benefit any person or persons residing in, staying in, or visiting Knox County while in violation of United States immigration laws (including but not limited to 8 USC § 1182, §1227, §1324, §1325, and §1326), other than providing assistance to minors who have been directed by law enforcement or child protective services to receive services provided by the organization; and
2) practices are in place to make sure no organization funds are used for the benefit of such person or persons described in subparagraph (k)(1).

The new part is this language:
other than providing assistance to minors who have been directed by law enforcement or child protective services to receive services provided by the organization

This is to allow for people under age 18 who have been sex trafficked, or people under age 18 who are part of the juvenile court system because they are dependent and neglected. If a nonprofit’s mission is providing services for these people, then the chief executive or manager could honestly sign an affidavit saying that no assistance is being provided other than those services. Of course, if there are additional services being provided for those residing in, staying in, or visiting Knox County while in violation of United States immigration laws -including for minors- then there would be no safe harbor for the non profit.

[Andy Fox]

I didn’t simply split Commissioner Russell’s version into 2 components, I also made additions and revisions.

[Andy Fox]

Here is the general fund version:

WHEREAS, Chapter 2, Article VIII, Division 4 of the Knox County Code currently provides receipt and disbursement of county funds and budget procedures; and,

WHEREAS, Knox County is experiencing significant budget and debt challenges, and taxpayer resources must be allocated with great circumspection; and,

WHEREAS, Knox County owes its residents and taxpayers the highest standard of fiscal responsibility regarding stewardship of taxpayer resources; and,

WHEREAS, transparency in allocation and expenditure of taxpayer’s resources must apply to all areas of the county budget, including organizations that receive tax dollars from the county; and,

WHEREAS, in the Knox County fiscal year 2026 budget, $1,909,000 was allocated to defined service contracts through the general fund, for services provided by nonprofit entities or for grants to nonprofit entities; and,

WHEREAS, Knox County should review and conduct due diligence of financial records of a nonprofit entity that receives taxpayer resources, to ensure that the resources are being utilized properly

NOW THEREFORE BE IT ORDAINED BY THE COMMISSION OF KNOX COUNTY AS FOLLOWS:

Section 1. The Knox County Code, Chapter 2, Article VIII, Division 4, entitled Receipt and Disbursement of County Funds; Budget Procedures, is hereby amended to add a new Section 2-558, entitled “Appropriation, Grant and Funding Contract Procedures,” with subsection (a) to read as follows:

(a) Any person or organization requesting the receipt of general county funds under the designation of “Defined Services Contracts” shall submit an application in such form as may be prescribed by the county director of finance and approved by the county commission, subject to the minimum requirements provided herein. Such form shall include, without limitation, all information required by general state law relating to the appropriation of funds for the financial aid of any nonprofit, charitable, or civic organization. Attached to the submission of an application shall be:

1 The general itemized financial statements of the organization, including a copy of the organization’s prior year’s external audit showing a clean unqualified opinion.
2 A detailed accounting of expenditures paid by the organization from the funds it received from Knox County during the previous fiscal year, if applicable.
3 The general itemized financial budget of the organization including a detailed accounting of expenditures budgeted to be paid by the organization from the funds it anticipates receiving from Knox County.
4 A copy of its corporate Charter, bylaws, and similar corporate documents
5 A signed contractual agreement allowing Knox County’s internal audit department to be granted access to all records for financial, operational, and compliance auditing that the internal audit department deems necessary.
6 A disclosure of any potential staff or board member conflicts of interest.
7 A copy of a letter from the Internal Revenue Service evidencing the fact the organization is a nonprofit, tax-exempt organization under the Internal Revenue Code.
8 A statement of the nature and extent of the program of the organization which serves the residents of the county, and how the county funds will be used.
9 A summary and source of funding for administration costs and all other programs or initiatives sponsored or undertaken by the organization, but funded through other sources, so that the citizens of Knox County may be fully apprised of the financial status of each nonprofit organization.
10 A sworn statement from the executive director of the organization subject to penalty of perjury, affirming:
1)that no funds of the organization are used to benefit any person or persons residing in, staying in, or visiting Knox County while in violation of United States immigration laws (including but not limited to 8 USC § 1182, §1227, §1324, §1325, and §1326); and
2) practices are in place to make sure no organization funds are used for the benefit of such person or persons described in subparagraph (k)(1).
11 Salary information for the organization’s chief officer and next highest paid employee
12 Such other information as may be required by the county commission and code of ordinances.

These documents must be received by the county mayor and county commission 90 days prior to inclusion in the Knox County Budget. The county mayor shall recommend within 15 days of receipt that the county commission either approve or deny the application.

Upon recommendation by the county mayor, or upon resolution by the county commission if the county mayor does not recommend, an application shall be reviewed by the county director of finance and the county law director as to form, substance, and compliance with the provisions of this article. In reporting on all applications received and reviewed during the preparation of the annual budget of the county, the director of finance shall prepare and submit for review a fiscal note describing the total funding requirements of all applications presented to the director of finance, including therewith the recommendation of the county mayor, along with anticipated revenues available for such funding.

Additionally, those applications and accompanying documentation recommended by the county mayor shall be presented to the county commission by the county mayor no later than 30 days before presenting the budget at large, accompanied by a fiscal note describing the impact upon available and anticipated revenues generated pursuant to this article, as well as an accounting of the cumulative impact upon such available or anticipated revenues of the funds generated pursuant to this article.

Section 2. The Knox County Code, Chapter 2, Article VIII, Division 4, entitled Receipt and Disbursement of County Funds; Budget Procedures, is hereby amended to add a new Section 2-558 (b), to read as follows:

(b) Upon completion of the review by the director of finance and the county law director of any application for funding pursuant to the provisions of this article, the application, recommendations, and other review prepared by the county director of finance shall be forwarded to the finance committee of the county commission no later than 30 days before presentation of the budget by the county mayor to the county commission. Such committee shall prepare its recommendations for action on the application by the county commission. No request for funding pursuant to this article shall be considered by the county commission without the review, reports, and recommendations/resolutions mandated herein.

Upon approval of the Knox County Budget, any organization approved for funding pursuant to this article must sign a contractual agreement with the county and ensure compliance with all stated terms and conditions; including, providing Knox County’s internal audit department access to all financial, operational, and compliance records, and implementation of any recommendations and/or requirements that the internal audit department deems necessary.

Section 3. This Ordinance shall take effect as provided by the Charter of Knox County, Tennessee, the public welfare requiring it.

[Andy Fox]

I split Commissioner Russell’s proposal into 2 separate ordinances, one for the defined service contracts funded through hotel/motel tax, and the other one for defined service contracts funded with the general fund. Here is the hotel/motel tax version:

WHEREAS, Chapter 58, Article III, Section 58-92 of the Knox County Code currently provides appropriation, grant and funding contract procedures for allocation of the hotel occupancy tax, otherwise known as the hotel/motel tax fund; and,

WHEREAS, Knox County is experiencing significant budget and debt challenges, and taxpayer resources must be allocated with great circumspection; and,

WHEREAS, Knox County owes its residents and taxpayers the highest standard of fiscal responsibility regarding stewardship of taxpayer resources; and,

WHEREAS, transparency in allocation and expenditure of taxpayer’s resources must apply to all areas of the county budget, including organizations that receive tax dollars from the county; and,

WHEREAS, in the Knox County fiscal year 2026 budget nonprofit entities received $12,000,000 through the hotel/motel tax fund; and,

WHEREAS, Knox County should review and conduct due diligence of financial records of a nonprofit entity that receives taxpayer resources, to ensure that the resources are being utilized properly.

NOW THEREFORE BE IT ORDAINED BY THE COMMISSION OF KNOX COUNTY AS FOLLOWS:

Section 1. The Knox County Code, Chapter 58, Article III, Section 58-92, entitled “Appropriation, grant and funding contract procedures,” is hereby amended by replacing subsection (a) to read as follows:

(a)Any person requesting the receipt of funds generated by the provisions of this article shall submit an application in such form as may be prescribed by the county director of finance and approved by the county commission, subject to the minimum requirements provided herein. Such form shall include, without limitation, all information required by general state law relating to the appropriation of funds for the financial aid of any nonprofit, charitable, or civic organization. Attached to the submission of an application shall be:

1 The general itemized financial statements of the organization, including a copy of the organization’s prior year’s external audit showing a clean unqualified opinion.
2 A detailed accounting of expenditures paid by the organization from the funds it received from Knox County during the previous fiscal year, if applicable.
3 The general itemized financial budget of the organization including a detailed accounting of expenditures budgeted to be paid by the organization from the funds it anticipates receiving from Knox County.
4 A copy of its corporate Charter, bylaws, and similar corporate documents
5 A signed contractual agreement allowing Knox County’s internal audit department to be granted access to all records for financial, operational, and compliance auditing that the internal audit department deems necessary.
6 A disclosure of any potential staff or board member conflicts of interest.
7 A copy of a letter from the Internal Revenue Service evidencing the fact the organization is a nonprofit, tax-exempt organization under the Internal Revenue Code.
8 A statement of the nature and extent of the program of the organization which serves the residents of the county, and how the county funds will be used.

9 A summary and source of funding for administration costs and all other programs or initiatives sponsored or undertaken by the organization, but funded through other sources, so that the citizens of Knox County may be fully apprised of the financial status of each nonprofit organization.
10 A sworn statement from the executive director of the organization subject to penalty of perjury, affirming:
1)that no funds of the organization are used to benefit any person or persons residing in, staying in, or visiting Knox County while in violation of United States immigration laws (including but not limited to 8 USC § 1182, §1227, §1324, §1325, and §1326); and
2) practices are in place to make sure no organization funds are used for the benefit of such person or persons described in subparagraph (k)(1).
11 Salary information for the organization’s chief officer and next highest paid employee
12 Such other information as may be required by the county commission and code of ordinances.

These documents must be received by the county mayor and county commission 90 days prior to inclusion in the Knox County Budget. The county mayor shall recommend within 15 days of receipt that the county commission either approve or deny the application.

Upon recommendation by the county mayor, or upon resolution by the county commission if the county mayor does not recommend, an application shall be reviewed by the county director of finance and the county law director as to form, substance, and compliance with the provisions of this article. In reporting on all applications received and reviewed during the preparation of the annual budget of the county, the director of finance shall prepare and submit for review a fiscal note describing the total funding requirements of all applications presented to the director of finance, including therewith the recommendation of the county mayor, along with anticipated revenues available for such funding.

Additionally, those applications and accompanying documentation recommended by the county mayor shall be presented to the county commission by the county mayor no later than 30 days before presenting the budget at large, accompanied by a fiscal note describing the impact upon available and anticipated revenues generated pursuant to this article, as well as an accounting of the cumulative impact upon such available or anticipated revenues of the funds generated pursuant to this article.

Section 2. The Knox County Code, Chapter 58, Article III, Section 58-92, entitled appropriation, grant and funding contract procedures, part (b), is hereby amended by replacing subsection (b) to read as follows:

(b) Upon completion of the review by the director of finance and the county law director of any application for funding pursuant to the provisions of this article, the application, recommendations, and other review prepared by the county director of finance shall be forwarded to the finance committee of the county commission no later than 30 days before presentation of the budget by the county mayor to the county commission. Such committee shall prepare its recommendations for action on the application by the county commission. No request for funding pursuant to this article shall be considered by the county commission without the review, reports, and recommendations/resolutions mandated herein.

Upon approval of the Knox County Budget, any organization approved for funding pursuant to this article must sign a contractual agreement with the county and ensure compliance with all stated terms and conditions; including, providing Knox County’s internal audit department access to all financial, operational, and compliance records, and implementation of any recommendations and/or requirements that the internal audit department deems necessary.

Section 3. The Knox County Code, Chapter 58, Article III, Section 58-92, entitled appropriation, grant and funding contract procedures, part (d), is hereby amended by deleting subsection (d).
Section 4. This Ordinance shall take effect as provided by the Charter of Knox County, Tennessee, the public welfare requiring it.

[Andy Fox]

Yes, thank you! I like this idea of withholding permits on other projects until utilities comply with obligations.

[Andy Fox]

Yes

[Author]

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