* This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting. [Planning Commission on December 16, 2024.] [00:00:13] THE UNITED STATES OF AMERICA, AND TO REPUBLIC OF WHICH IT STANDS, NATION UNDER GOD, INDIVIDUAL LIBERTY AND JUSTICE FOR ALL. ROLL CALL ROCK. HERE, HERE. HERE. MARTY. PRESENT. HERE. HERE. LUCY, AT THIS TIME. SECOND. OH, I'M SORRY. YOU SAID ADOPT MY THAT WE ACCEPT THE MEETING. SECOND . THANK YOU. PROBABLY MOVE THE SECOND THAT WE ADOPT THE MEETING AS PRESENTED. ALL THOSE IN FAVOR SIGNIFY BY SAYING AYE. AYE. THOSE OPPOSED THE AYE. MOTION. MS. CARRIE. NEXT, THE CONSENT ITEMS. DISPOSITION OF MINUTES FOR JANUARY THE 29TH, 2024. AND DISPOSITION OF MINUTES FOR NOVEMBER THE 25TH OF 2024. ARE THERE ANY CORRECTIONS TO THE JANUARY 29TH MINUTES? ANY CORRECTIONS TO THE NOVEMBER 25TH MINUTES? WE, WE, WE, WE DON'T HAVE THE JANUARY, THE NOVEMBER 25TH MINUTES. OKAY. SO JUST TO JANUARY THE 29TH MINUTES. IF THERE ARE NO CORRECTION, I'LL, I'LL ENTERTAIN A MOTION AT THIS TIME FOR THE ADOPTION OF THE MINUTES. MR. CHAIR, I'LL MAKE A MOTION THAT WE ADOPT MINUTES OF JANUARY 29TH, 2024. IS THERE A SECOND? SECOND. IT'S BEEN PROPERLY MOVED. AND SECOND THAT WE ADOPTED MINUTES OF JANUARY 29TH, 2024. ALL THOSE IN FAVOR SIGNIFIED BY SAYING AYE. AYE. AYE. ALL THOSE OPPOSED THE AYES HAVE. THE MOTION IS CARRIED. NEXT, MOVING TO OLD BUSINESS CONDITIONAL USE PERMIT NUMBER 2024 DASH OH ONE. AT THIS TIME, I'LL ASK MR. WADE TO PRESENT ANY INFORMATION THAT HE WOULD LIKE TO PRESENT TO US TONIGHT. YES, TONIGHT WE DO HAVE, UM, APPLICANTS HERE FOR A EES. UM, THEY CAN GO OVER ANY NEW CHANGES THAT WERE, UM, THAT WERE MADE. SENT THE LAST MEETING IN YOUR PACKET TONIGHT. YOU DO HAVE A, A LETTER FROM A ES TO MYSELF. I'M ALSO SHOWING, UM, I THINK THAT ACTUALLY I SENT, I SENT THAT OUT. I SENT THAT OUT TO YOU ALL VIA EMAIL, BUT ALSO YOU HAVE, IT SHOULD HAVE IT AT YOUR DESKS TONIGHT THAT SHOWS WHAT CHANGES WERE, WERE MADE. BUT A ES IS HERE TONIGHT TO PRESENT WHAT THOSE CHANGES ARE. UM, AND THEY CAN, THEY, THEY'RE HERE FOR ANY QUESTIONS YOU ALL MAY HAVE. MR. MR. CRESWELL'S COMING HERE TO, TO, TO COME TO FORWARD WITH YOU. THANK YOU. GOOD EVENING, MEMBERS OF THE PLANNING COMMISSION COUNTY STAFF. UM, I'M GREG CRESWELL, SENIOR DEVELOPMENT MANAGER WITH A ES HERE TO, UH, JUST GIVE YOU AN UPDATE ON THE SYCAMORE CROSS SOLAR PROJECT AND OUR RECOMMENDED CONDITIONS. UM, SINCE THE LAST MEETING, UH, SINCE THE NOVEMBER 25TH HEARING FOR THE SYCAMORE CROSS PROJECT, A ES, UH, AND THE SYCAMORE CROSS TEAM DID HOST A SITE TOUR OF THE PROPOSED SYCAMORE CROSS PROJECT WITH MEMBERS OF THE PLANNING COMMISSION. UH, I WOULD SAY UNFORTUNATELY THE MAJORITY WERE NOT ABLE TO ATTEND, UH, A TOUR OF THE FACILITY, BUT WE DID HAVE SOME EXTENDED COMMUNICATIONS WITH OTHER MEMBERS OF THE PLANNING COMMISSION AND HAVE RECEIVED ADDITIONAL FEEDBACK. UM, BASED ON THE FEEDBACK FROM THE TOUR AND EMAIL EXCHANGES WITH OTHER MEMBERS OF THE COMMISSION, WE'RE PROPOSING TWO AMENDMENTS TO OUR CONDITIONS FOR THE SYCAMORE CROSS SOLAR PROJECT. THAT SHOULD BE WHAT YOU HAVE, UH, IN YOUR, UH, PACKETS THIS EVENING. I'M GONNA SKIP AHEAD HERE. THIS IS THE PRIOR PRESENTATION, AND JUST GO TO THE PRESENTATION AT THE END. JUST SHOW IN OUR UPDATES. SO WITH REGARDS TO VIEW SHED, UH, THIS IS ONE OF THE ITEMS THAT CAME UP IN CONVERSATION AND A TOUR. UH, FIRST WE ARE AMENDING THE PROPOSED CONDITION, UH, CONDITION, ADDRESSING THE VEGETATIVE BUFFER SCREENING. THE CURRENT ORDINANCE AND THE PROPOSED ORDINANCE REVISIONS UNDER REVIEW BY THE COUNTY AT THIS TIME, [00:05:01] BOTH RECOMMEND THE USE OF EXISTING VEGETATION AS SCREENING WHEN AVAILABLE. UH, SYCAMORE CROSS IS PROPOSING THE USE OF A 50 FOOT EXISTING VEGETATION FOR SCREENING WHERE EXISTING VEGETATION IS IN PLACE. BASED ON INPUT, THOUGH FROM VARIOUS MEMBERS OF THE PLANNING COMMISSION WHO CITED AN EXISTING PROJECT AS AN EXAMPLE, WE UNDERSTAND THERE'S CONCERN THAT EXISTING VEGETATION DOES NOT COMPLETELY SCREEN A PROJECT FROM VIEW SHED. IN THE CASE OF SYCAMORE CROSS, WE'RE CONFIDENT THAT THE CURRENT VEGETATION WILL ACHIEVE THE DESIRED LEVEL OF SCREENING. AND FOR THOSE WHO'VE SEEN THE SITE, YOU'RE FAMILIAR, UH, IT'S VERY DENSE, THICK VEGETATION. IT'S EXISTING AND IT'S IT'S NATURAL. HOWEVER, UM, WITH THAT CONCERN IN PLACE, UH, WE'VE PROPOSED THE, THE AMENDMENT YOU SEE IN FRONT OF YOU NOW, THE LANGUAGE STATES THAT SYCAMORE CROSS WILL ADD NEW PLANTINGS TO INCREASE THE DENSITY OF THE SCREENING AND SHALL DO SO IN COORDINATION WITH THE ZONING ADMINISTRATOR IN THE EVENT THE EXISTING VEGETATION NO LONGER EFFECTIVELY SCREENS THE PROJECT. UH, I WOULD ALSO NOTE THAT AREAS WITHOUT EXISTING VEGETATION WILL ABIDE BY THE NEWLY PROPOSED ORDINANCE, AGAIN, WHICH IS CURRENTLY UNDER REVIEW. THAT REQUIRES FOUR ROWS OF VEGETATION, SORRY. AND THE SECOND, UM, CONDITION THAT WE'VE UPDATED IN YOUR PACKET THIS EVENING IS RELATED TO DECOMMISSION. SO WE'VE APPROACH, WE HAVE AMENDED THE PROPOSED CONDITION REGARDING DECOMMISSIONING. SYCAMORE CROSS HAS PROPOSED THE INCLUSION OF A MINIMUM SURETY OF $500,000 FOR THE PROJECT. REGARDLESS OF THE DECOMMISSIONING COSTS DETERMINED WITH THE USE OF SALVAGE VALUE, THE SURETY WILL MAKE CERTAIN THAT THE COUNTY CAN ENGAGE AND CONTRACT WITH A VENDOR WHO CAN COMPLETE THE DECOMMISSIONING. THE COUNTY WOULD STILL HAVE FULL VALUE OF THE MATERIALS OF THE PROJECT. AND WHILE I UNDERSTAND THERE'S CONCERN THAT MATERIAL MAY LOSE VALUE OVER TIME, OR THAT DECOMMISSIONING COSTS COULD INCREASE, SORRY. UH, OVER TIME, I WOULD REMIND YOU THAT SYCAMORE CROSS WILL USE A THIRD PARTY ENGINEER THAT IS REQUIRED TO REVIEW THE DECOMMISSIONING COSTS EVERY FIVE YEARS. SO IF THAT VALUE THEN BECOMES A POSITIVE THAT THERE IS A DECOMMISSIONING COST AND IT EXCEEDS THE $500,000 THAT WE'RE PROPOSING NOW, WE WILL CONTINUE TO INCREASE OUR SURETY TO MATCH THE DECOMMISSIONING COST. UM, AS ALWAYS, UH, WE APPRECIATE YOUR WILLINGNESS TO DISCUSS THE PROJECT FURTHER, AND MY TEAM IS HERE WITH ME THIS EVENING TO ANSWER ANY ADDITIONAL QUESTIONS YOU MAY HAVE. THANK YOU. THANK YOU. THANK YOU. MR. CRESWELL, ARE THERE ANY COMMENTS OR QUESTIONS FROM THE COMMISSIONERS AT THIS TIME? I HAVE A QUESTION ABOUT THIS. WHY ARE YOU INCLUDING THE LESS ESTIMATED SALVAGE VALUE AT ALL? SO WE'RE SUGGESTING, UH, THE CURRENT ORDINANCE, WHICH PERMITS THE USE OF SALVAGE VALUE, BUT ON TOP OF THAT, WE'LL INCLUDE A VALUE OF $500,000 MINIMUM SURETY. SO EVEN IF WITH A SALVAGE VALUE INCLUSION, LET'S SAY THERE'S ZERO DECOMMISSIONING COST, WE'LL STILL INCLUDE A SURETY OF 500,000. THE THOUGHT THERE BEING THAT THERE WOULD BE, YOU COULD HAVE ADMINISTRATIVE COST OR EFFORTS WITH THE COUNTY THAT THEY WOULD BEAR TO GET A CONTRACTOR INVOLVED AND GET THEM MOBILIZED. SO THIS WOULD COVER ANY OF THOSE BASE COSTS. THE CONTRACTOR, HOWEVER YOU CONTRACT IT WITH THEM THROUGH THE COUNTY OR THE VENDOR, WOULD YOU COULD HAVE THEM USE THE BENEFIT OF SALVAGE VALUE. I KNOW THERE'S BEEN DISCUSSION AND CONCERN THAT SOME OF THIS IS MATERIALS MAY NOT HAVE A VALUE IN THE FUTURE, BUT I WOULD SUGGEST THAT I DON'T THINK THINGS SUCH AS COPPER AND WHERE THE REAL VALUE IS, IS ARE GOING TO DECREASE OVER TIME. SO I GUESS I DON'T UNDERSTAND WHY THE COUNTY HAS TO EVEN BE CONCERNED ABOUT SALVAGE COSTS. 'CAUSE THAT'S JUST ONE MORE THING WE HAVE TO DEAL WITH. BUT DECOMMISSIONING, I, I DON'T UNDERSTAND WHAT'S EVEN INCLUDED. I UNDERSTAND THAT YOU DID THE 500,000 JUST DO A SURETY THAT COVERS DECOMMISSIONING COSTS. WHY ARE YOU ADDING THIS WHOLE THING ABOUT SALVAGE VALUE? SO IF WE ARE TO GO AHEAD AND JUST INCLUDE WITHOUT THE BENEFIT OF SALVAGE VALUE, THERE'S REAL VALUE, THERE'S VALUE IN THE MATERIAL THAT'S IN THE FIELD, COMES BACK ACROSS THAT, THAT'S USED AGAINST WHATEVER THE COST IS TO DECOMMISSION THE PHYSICAL COST TO DECOMMISSION. YOU COULD GO AHEAD AND PUT ASURITY DOWN TO COVER THE TOTAL COST OF THAT. BUT IN ESSENCE, WE'RE PAYING A BANK TO HOLD MONEY FOR SOME FUTURE USE. THAT'S A VERY UNLIKELY OCCURRENCE. AND OUR THOUGHT IS THIS IS A BETTER USE AND STILL PROTECTS YOU IN THE LONG RUN IN THE FUTURE, IN THE EVENT THAT THERE IS A DECOMMISSIONING REQUIREMENT AND ENGINEERING AND FUTURE VALUES ARE SHOWN OR ESTIMATES [00:10:01] THAT IT'S GOING TO INCREASE. OKAY. I HAVE ANOTHER QUESTION ABOUT, UH, THE PROPERTY AROUND MR. HOWELL'S FARM. HOW ARE YOU GONNA ACCESS THAT? SO WE WOULD ACCESS THAT AT THE END OF MULLET DRIVE. THERE'S AN EXTENSION FROM MULLET DRIVE TO THE PROPERTY THAT'S A SHARED ACCESS POINT, AND WE WOULD USE THAT FOR OUR ACCESS. SO DO YOU HAVE APPROVAL TO USE THAT? WE HAVE LEGAL RIGHTS TO USE THAT FOR THE SYCAMORE CROSS PROJECT. YES, MA'AM. DO YOU HAVE THAT DOCUMENTED? UH, I DO. I DON'T HAVE ANYTHING ON ME TO SHOW YOU, BUT WE HAVE RIGHTS ENTITLED TO IT. OKAY. THANK YOU. ANY OTHER QUESTIONS FROM COMMISSIONS AT THIS TIME? YES. I'M, I'M STILL HELD UP ON THE DECOMMISSIONING AND YOU KNOW, I'VE MADE IT CLEAR, I DON'T KNOW OF ANY OTHER BUSINESS THAT COULD COME INTO THE COUNTY AND SAY, HEY, WE'RE GONNA GIVE YOU A, WE'RE GONNA BUILD YOU A BIG FACTORY AND YOU'RE GONNA MAKE A MILLION DOLLARS OFF OF IT IN 35 YEARS. AND IN 35 YEARS YOU GOT THE FACTORY AND YOU GOTTA TEAR IT DOWN AND YOU GOTTA CLEAN IT UP. COUNTY. THAT DOESN'T, I MEAN, THERE'S NOT ENOUGH MONEY IN THERE TO ME TO SEE THE COUNTY'S NOT IN THE BUSINESS OF, OF SALVAGE, OR IT SHOULD BE A TURNKEY JOB. WE COME IN, WE'RE GOING TO, I MEAN, THAT'S, AS A CITIZEN, BEFORE I WAS ON THE PLANNING COMMISSION, I THOUGHT THAT'S WHAT WAS HAPPENING. THEY WERE COMING IN, THEY'D PUT SOLAR UP AND WHEN THEY LEAVE, THEY WOULD CLEAN IT UP. I MEAN, THAT'S, IT IS GONNA BE JUST LIKE IT NEVER HAPPENED. BUT IT'S NOT, IT'S THE COUNTY IS GOING TO TRY TO GET $500,000 AND THE ESTIMATED SALVAGE VALUE AND TRY TO MAKE IT LOOK LIKE, AND THE POOR LANDOWNERS, IF THE COUNTY CAN'T DO IT, THEY'RE STUCK WITH A, THE BIGGEST PARKING LOT OF MIRRORS THAT ANYBODY'S EVER SEEN. SO I, I STILL DON'T SEE, UH, YOU KNOW, I, I THINK WE NEED TO HAVE SOMETHING WHERE THE COUNTY'S NOT INVOLVED AT ALL. YOU KNOW, YOU BRING IT IN, YOU TAKE IT OUT. THAT'S WHY WE GO TO THE BEACH. YOU BRING YOUR TRASH TO THE BEACH, YOU TAKE YOUR TRASH BACK WITH YOU. I, I JUST, I, I, MY MIND CAN'T COMPREHEND WHY THE COUNTY WE'RE GETTING THIS MONEY, BUT WE DON'T KNOW WHAT IT'S GONNA COST US IN 35 YEARS. I, I JUST, YOU KNOW, THAT'S, I JUST DON'T SEE IT. I, I, LIKE I SAID, I DON'T THINK YOU'D LET ME COME IN AND BUILD A BUSINESS AND SAVE IN 35 YEARS. YOU CLEAN IT UP AFTER I LEAVE. WELL, I GUESS, UH, JUST TWO POINTS. YEP. I WOULD SAY ONE, WE ARE NOT SAYING THAT OKAY, WE ARE RESPONSIBLE FOR DECOMMISSIONING THE PROJECT AFTER 35 YEARS. THE SURETY IS ONLY TO COVER THE LOCALITY IN THE EVENT SOMETHING WERE TO HAPPEN TO THE COMPANY. RIGHT? THAT'S, THAT'S ALL THE SURETY COVERS. WE ARE THE RESPONSIBLE PARTY FOR DECOMMISSIONING THE PROJECT AND WE WILL. UM, SO THAT WOULD BE THE FIRST AND THE SECOND IS TO SAY WE DON'T KNOW WHAT IT'S GONNA COST TO DECOMMISSION IN 35 YEARS, BUT WE DO KNOW WE'RE REQUIRED TO GET DECOMMISSIONING COSTS. AND I BELIEVE THAT'S PART OF SITE PLAN, APPROVAL PROCESS THAT WE WILL WORK ON WITH WHO AND VERIFY WHAT THAT COST IS. AND IT'S NOT US DETERMINING THE VALUE. WE'LL GET A THIRD PARTY TO VERIFY WHAT THE VALUE IS, THE ESTIMATED VALUE IN 35 YEARS TO DECOMMISSION THE PROJECT. AND WE'LL SUPPLY THAT AND MAKE SURE IT'S REVIEWED AND THAT THE COUNTY AGREES WITH IT. GOOD. MR. VICE? YES. UM, IF I MAY, IN CASE THIS IS HELPFUL INFORMATION. SO, UH, DECOMMISSIONING IS SET OUT IN VIRGINIA CODE AND WHAT THE REQUIREMENTS ARE FOR THAT. AND AS PART OF, AS MR. CRESSWELL SAID, UM, IT'S BASED UPON THE, AN ESTIMATE PREPARED BY A PROFESSIONAL ENGINEER LICENSES OF THE COMMONWEALTH, UM, WHO IS EXPERIENCED IN PREPARING THESE TYPES OF DECOMMISSIONING, UM, ESTIMATES. AND PER VIRGINIA CODE, IT MAY INCLUDE THE NET NET SALVAGE VALUE OF SUCH EQUIPMENT, FACILITIES, OR DEVICES, PLUS ANY REASONABLE ALLOWANCE FOR ESTIMATED ADMINISTRATIVE COST RELATED TO A DEFAULT BY THE OWNER LESSEE OR DEVELOPER, AND AN ANNUAL INFLATION FACTOR. AND, AND I THINK THAT IS WHAT YOU HEARD MR. CRESSWELL SAY THAT THE 500,000 AS WELL AS WITH, UM, AS WELL AS THEIR COMMITMENT TO INCREASE THAT IF THE COSTS GO UP THAT IS IN LINE WITH VIRGINIA CODE, CERTAINLY IT'S A MAY, IT'S NOT, IT'S NOT A MUST. SO THERE IS, THERE IS SOME WIGGLE ROOM. UM, AND THAT'S WHAT ALLOWS THE APPLICANT TO SET OUT THE $500,000 IN ADDITION TO, UM, UH, AND, AND THE AGREEMENT, EXCUSE ME, AND THE AGREEMENT TO INCREASE THOSE COSTS. UH, BUT THAT IS WHAT IS SPELLED OUT IN VIRGINIA CODE AGAIN, IN CASE THAT IS HELPFUL AND I'M HAPPY TO ANSWER ANY OTHER QUESTIONS ABOUT WHAT IS SET OUT IN THE VIRGINIA CODE SECTION THAT DISCUSSES THE, [00:15:04] ANY OTHER QUESTIONS FROM THE COMMISSIONERS? MR. WOOD, DO YOU HAVE COMMENTS, SIR? ONE, ONE OF THOSE QUESTIONS, I GUESS WITH DECOMMISSIONING, I KNOW AS A PLANNING COMMISSION, I, I THINK I KNOW EXACTLY WHERE THE PLANNING COMMISSIONER'S THOUGHTS ARE WHEN DECOMMISSIONING IS THAT YOU WOULD BE ACCEPTING OF, UM, MORE LIKELY GROSS VALUE FOR DECOMMISSIONING. I BELIEVE THAT'S SOMETHING THAT YOU ALL HAVE SAID THAT YOU WOULD WANT THE GROSS VALUE OF DECOMMISSIONING. UM, 'CAUSE YOU ALL HAVE SAID THAT YOU DID NOT WANT THE COUNTY AT A BURDEN TO COVER THE ENTIRE COST, NOT KNOWING WHO THE, REGARDLESS OF WHO THE PROPERTY OWNER IS, IF THE COUNTY HAD TO DECOMMISSION IT, THERE WAS, YOU DIDN'T WANNA HAVE THE COUNTY TO DECOMMISSION IT AND HAVING TO GET SALVAGE VALUE FOR THE PROPERTY. THAT IS THE, THE SENTIMENT THAT I, I GOT FROM YOU ALL WHEN WE WORKED ON THE ORDINANCE FOR THAT ONE. I UNDERSTAND THE ORDINANCE HAS BEEN NOT BEEN PASSED BY THE BOARD SUPERVISORS YET, BUT THAT'S WHERE YOU ALL ARE. AND AS FAR AS THIS BEING A CONDITION, BUT IT'S SOMETHING THAT YOU ALL COULD MAKE A RECOMMENDATION TO THE BOARD FOR, FOR ACCEPTANCES, UM, OF, OF THAT COM, OF THAT CONDITION FOR DECOMMISSIONING. SO THAT'S SOMETHING FOR YOU ALL TO CONTEMPLATE OF IF YOU'RE WILLING TO MAKE A RECOMMENDATION FOR THIS CONDITION OR RECOMMEND THAT THIS CONDITION, THIS CONDITION BE CHANGED SIMILAR TO WHAT YOU ALL HAVE RECOMMENDED IN THE, IN THE ORDINANCE. SO MY RECOMMENDATION IS FOR YOU ALL TO MAKE THAT CONSIDERATION TONIGHT. UM, AND, AND, AND, AND AT SOME POINT PASS PASS THAT ON TO THE BOARD SUPERVISORS. THANK YOU MR. WADE. ANY OTHER COMMENTS FROM THE COMMISSIONERS AS IT RELATES TO THIS CUP NUMBER 2024 DASH ONE? IF THERE ARE NO OTHER COMMENTS, WE HAVE BEEN TALKING ABOUT THIS MATTER, I THINK FOR ABOUT THREE MONTHS NOW, AND, UM, I WANT TO THANK THE COMMISSIONERS FOR ALL THE QUESTIONS, CONCERNS, AND COMMENTS THAT THEY HAVE, UH, BROUGHT UP AND A ES FOR ADDRESSING OF THOSE COMMENTS. UM, BUT AT THIS TIME, I WOULD CALL FOR A MOTION EITHER FOR OR AGAINST THIS PARTICULAR, UM, MATTER CONDITIONAL USE PERMIT NUMBER 2024 DASH OH ONE. MR. CHAIR? YES. I WOULD LIKE TO MAKE A MOTION TO, UM, DENY THE CONDITIONAL USE PERMIT NO NUMBER 2024 DASH OH ONE. IS THERE A SECOND? IT'S BEEN PROPERLY MOVED IN SECOND THAT THE CONDITIONAL USE PERMIT NUMBER 2024 DASH ONE B DENIED. I'LL ASK FOR A ROLL CALL VOTE AT THIS TIME. OKAY, MR. WHITTEN? NO. MS. CHIEF? YES. MR. HAWKIN? YES. MR. HARDY? NO. MR. JENKINS? NO. MR. LUPU? NO. MR. PIERCE? NO. MR. NEWEY? YES. MR. SE? YES. A SO IT LOOKS LIKE THE, THAT THAT MOTION DID NOT PASS IS THERE AND MR. MR. CHAIR? YES. UM, AS YOU'VE HEARD FROM THE ROLL CALL VOTE, THAT MOTION DID NOT PASS FIVE NOS. FOUR YESES. IS THERE A SECOND MOTION? IF NOT, THE MOTION DIES. YES. ALRIGHT, MOVING ON TO THE NEXT MATTER. NEW BUSINESS PUBLIC HEARING, UH, PC ORDINANCE AMENDMENT 2024 DASH OH FOUR. MR. WADE, TAKE A SLIGHT, CAN YOU TAKE A SLIGHT RECESS FOR A SECOND? WE'LL TAKE A SLIGHT RECESS FOR JUST A FEW MOMENTS. [00:21:18] MR. VICE CHAIR? YES. MS. BAR? SO FOR CLARIFICATION, THE MOTION THAT WAS, UM, THAT WAS PUT FORTH WAS TO DENY RECOMMENDING APPROVAL THAT MOTION DID NOT CARRY BECAUSE IT DID NOT HAVE A MAJORITY. THEN THE VICE CHAIR ASKED IF THERE WERE ANY SUBSEQUENT MOTIONS AND THERE WERE NO SUBSEQUENT MOTIONS PER VIRGINIA CODE. THE PLANNING COMMISSION EITHER NEEDS TO TAKE AN ACTION TO APPROVE THE, TO RECOMMEND APPROVAL, TO DENY APPROVAL, OR TO MAKE NO RECOMMENDATION AT ALL. IF THERE IS NO ACTION, THEN AFTER 100 DAYS PER CODE, THE INACTION OF THE PLANNING COMMISSION IS DEEMED TO BE AN A RECOMMENDATION FOR APPROVAL TO THE BOARD OF SUPERVISORS. SO I JUST WANTED TO CLARIFY THAT. AND, UM, IF THERE, IF THERE ARE ANY SUBSEQUENT MOTIONS, AGAIN, THE, THE TO DENY APPROVAL DID NOT CARRY YOUR OTHER OPTIONS ARE TO RECOMMEND APPROVAL TO THE BOARD OF SUPERVISORS OR TO MAKE NO RECOMMENDATION TO THE BOARD OF SUPERVISORS. BUT THAT WOULD CHECK THAT BOX OF AN ACTION BY THE PLANNING COMMISSION AND WOULD NOT MOVE US INTO THAT A HUNDRED DAYS LIMBO. ARE THERE ANY QUESTIONS ABOUT THAT? THANK YOU MS. PERKINS. THANK YOU. WITH THE CLARIFICATION FROM MS. PERKINS, OUR COUNTY ATTORNEY. ARE THERE ANY SUBSEQUENT MOTIONS AS IT RELATES TO CUP NUMBER 2024 DASH ONE? MR. VICE CHAIR? YES, I'D LIKE TO MAKE A MOTION TO APPROVE CONDITIONAL USE PERMIT, UH, NUMBER 2024 DASH ONE. OKAY. IS THERE A SECOND? SECOND. IT'S BEEN PROPERLY MOVED. AND SECOND, THAT CONDITIONAL USE PERMIT NUMBER 2024 DASH ONE BE APPROVED AT THIS TIME I'LL ASK FOR A ROLL CALL. VOTE. OKAY. MR. WOODEN? YES. MS. CHEEK? NO. MR. KIN? NO. MR. HARDY? YES. MR. JENKINS? YES. MR. LAS FOOT? YES. MR. PIERCE? YES. MR. NEWEY? NO. MR. SO NO. ALRIGHT. THE MOTION, FIVE YESES, FOUR NOS. THE MOTION IS PASSED. THE MOVING ON TO NEW BUSINESS. MR. WADE, PC ORDINANCE AMENDMENT NUMBER 2024 DASH ONE? YES, SIR. VICE CHAIR WOODEN. WE DO HAVE AN ORDINANCE AMENDMENT, UH, TONIGHT, UH, FOR THE P COMMISSION TO CONSIDER. IT TENDS TO TAKE, UH, ACTION ON THE ADOPTION OF AN ORDINANCE TO AMEND THIS, THE SUR COUNTY EXUDING ORDINANCE AND AMEND ARTICLE TWO DEFINITIONS AND USES ARTICLE THREE, EXUDING DISTRICTS AND BOUNDARIES. AND ARTICLE FOUR SUPPLEMENTARY REGULATIONS TO INCORPORATE AND ADD LANGUAGE, INCLUDING A NEW SECTION FOUR DASH 6 0 9 REGARDING DEFINITIONS, USE TYPE DESCRIPTIONS, DISTRICT REQUIREMENTS, APPLICATION REQUIREMENTS, REQUIRED PLANS AND PERFORMANCE STANDARDS FOR BATTERY ENERGY STORAGE SYSTEMS TO ALLOW THIS USE BY CONDITIONAL USE PERMIT AND A THE AR DISTRICT, THE M1 [00:25:01] DISTRICT AND THE M TWO GENERAL DISTRICT. UM, THIS YOUR, YOUR PACK IN YOUR PACKET TONIGHT WAS INFORMATION ON THAT, UH, ORDINANCE AMENDMENT, WHICH IS IN FORMAT VERY MUCH SIMILAR TO THE, THE, UH, THE FORMAT THAT WAS PRESENTED TO YOU ALL FOR A SOLAR ORDINANCE. UM, THE APPLICANT'S, UM, TONIGHT, UH, CERA HAVE ASKED THAT USE TO BE ADDED AFTER CONSULTATION WITH, UM, STAFF AND AN ATTORNEY THAT STATED THAT THIS USE WAS NOT, UM, IN THE, IN THE ORDINANCE, THAT WE FELT AS THOUGH IT, IT SHOULD BE ADDRESSED AS A NEW, AS A NEW USE, WHICH WE WE'RE NOT CURRENTLY ADDRESSING. UM, SO THEY, THEY ARE HERE TONIGHT WITH A PRESENTATION AND, AND, AND, UH, I ASKED, DID YOU, DID YOU HEAR THEIR PRESENTATION? WE DO HAVE SOME INFORMATION IN YOUR STAFF REPORT, UM, TONIGHT ABOUT, UM, BATTERY ENERGY STORAGE FOR YOU ALL TO, TO OUR REVIEW. UM, AND I THINK OUR SUBCOMMITTEE RE-REVIEWED THAT INFORMATION, UM, PREVIOUSLY AND ASKED THAT, UM, MR. JENKINS AS WELL AS, UM, MR. PHELPS BE HERE TONIGHT TO ANSWER ANY QUESTIONS THAT, THAT THE P MAY HAVE THAT THEY, THEY'RE HERE TONIGHT AS WELL. THIS ONE AND BOTH FACE OR JUST, UH, THIS OKAY. THAT I'M ASSUMING THIS IS FIRST, CORRECT? YES, SIR. ALRIGHT. GOOD EVENING, SCOTT FOSTER GENTRY LOCK HERE ON BEHALF OF CERA TO TALK TO YOU ABOUT THIS ORDINANCE WE'VE PROPOSED, AND AS HORACE NOTED, BATTERY ENERGY STORAGE SYSTEMS ARE A USE THAT'S NOT SPECIFICALLY PROVIDED FOR IN YOUR ORDINANCE. SO WE APPROACHED HORACE AND LOLA AND SAID, OKAY, WHICH, WHICH WAY SHOULD WE PROCEED? UH, IN OTHER JURISDICTIONS WHERE I'VE PERMITTED BATTERIES, WE HAVE FIT THIS USE INTO THE BROAD UTILITIES DEFINITION, WHICH HAS THINGS LIKE SUBSTATIONS, SWITCHYARDS, ET CETERA IN IT. THAT WAS NOT AN IDEAL FIT. AND AFTER DISCUSSIONS WITH STAFF, THEY SAID, YOU ALL HAVE BEEN ENTERTAINING THE CONCEPT OF ADOPTING A BATTERY ORDINANCE AT SOME POINT. SO THEY SAID, IF YOU ALL WILL PUT ONE TOGETHER, WE CAN DO IT AS AN APPLICANT INITIATED ZONING TEXT AMENDMENT. SO THIS IS, THIS IS WHY WE'RE HERE. UM, CE AND LOLA HAVE PROVIDED INPUT ON THIS, ON THIS ORDINANCE. WE'VE MET ON THIS SEVERAL TIMES. UH, ALSO WITH ME TONIGHT, IT'S DEREK POST. HE'S A, UH, SENIOR FIRE SAFETY ENGINEER WITH FIRE AND RISK ALLIANCE. I'M REALLY EXCITED FOR Y'ALL TO HEAR FROM HIM BECAUSE HE'S REALLY ON THE CUTTING EDGE OF THIS TECHNOLOGY. SO HE'S GOT A GREAT PRESENTATION AND, UH, WE'LL BE ABLE TO SPEAK TO A LOT OF YOUR, YOUR USE SPECIFIC QUESTIONS. SO I WANT TO JUST GIVE YOU ALL AN OVERVIEW OF WHAT ENERGY STORAGE IS. SO ANY STORAGE IN VIRGINIA, JUST LIKE SOLAR, IS SUBJECT TO THE DEQ PERMIT BY RULE PROCESS, WHICH FOR PROJECTS 150 MEGAWATTS LESS IS THE STATE REGULATORY REGIME FOR THESE PROJECTS. THEY'RE SOMEWHAT LIKE SOLAR, BUT, UH, THEY GENERALLY LIKE TO BE CLOSE TO SUBSTATIONS AND TRANSMISSION LINES. A LOT OF TIMES, AS YOU'LL, AS YOU'LL SEE IN THESE EXAMPLES, THEY LIKE TO BE REALLY CLOSE TO SUBSTATIONS, UH, ACROSS VIRGINIA. A LOT OF FOLKS ARE ADOPTING BATTERY ENERGY STORAGE ORDINANCES THAT SPECIFICALLY REGULATE THIS USE. I'VE BEEN A PART OF SEVERAL OF THOSE ORDINANCES, ADOPTIONS, USUALLY AS WE'RE, AS WE'RE COMING FORWARD WITH A PROJECT JUST LIKE SOLAR, IT'S SUBJECT TO THE CITING AGREEMENT. REV REVENUE SHARE LEGISLATION. THIS IS A, A SNAPSHOT OF, UH, APPROVED PBRS PERMIT BY RULES IN VIRGINIA, UH, FOR A VARIETY OF PROJECTS. SO THIS IS HOW THEY LOOK. AS, AS YOU CAN SEE, THEY MORE OR LESS LOOK LIKE A CONEX TRAILER WITH HVAC EQUIPMENT ON, ON, ON TOP, UH, SITTING ON SOME SORT OF GRAVEL OR CONCRETE PAD. THIS ONE'S ON CONCRETE POSTS. SO THIS IS AN OPERATIONAL PROJECT IN CHESTERFIELD. SO IN THAT 2021 PHOTO, YOU CAN SEE THAT IT'S A, IT'S A, JUST A PIECE OF CUTOVER ADJACENT TO A SUBSTATION. UH, 2022 PHOTO. YOU CAN SEE THAT THERE'S BEEN SITE WORK DONE. AND 2024, THAT IS A CONSTRUCTION AND OPERATIONAL PROJECT. UH, THIS IS JUST SOUTH OF ROUTE 60, ABOUT A MILE AND A HALF WEST [00:30:01] OF, OF MIDLOTHIAN. SO HERE'S ANOTHER PROJECT I WORKED ON UP IN ROCKINGHAM COUNTY. THIS IS, UH, NORTHEAST ROCKINGHAM COUNTY. YOU CAN SEE THE SUBSTATION TO THE NORTH THERE. UH, THE, THE DESIGN PROJECT THERE. THIS PROJECT HAS BEEN TRANSACTED TO DOMINION, UH, 22 ACRE FOOTPRINT ON THIS ONE. THIS ONE IS IN MIDDLESEX. I DID THIS ONE I BELIEVE THREE YEARS AGO AND HELPED THEM ADOPT A BATTERY ENERGY STORAGE SYSTEM ORDINANCE. THIS ONE IS LOCATED AT THE CORNER OF ROUTE THREE AND 33. JUST BEFORE WE CROSSED THE WHITESTONE BRIDGE, THIS IS A PROJECT FROM ANOTHER CLIENT, UH, IN INDIANA. JUST WANTED TO INCLUDE THIS SO YOU COULD SEE THE DESIGN. THAT'S ABOUT 20 ACRES. AND THIS IS JUST A GOOD OLD GOOGLE IMAGE PHOTO OF A, UH, OPERATIONAL PROJECT IN THE UK. SO HOW THESE, HOW THESE, UH, HOW THESE PROJECTS FUNCTION RELATIVE TO THE GRID. THEY PULL ENERGY OFF THE GRID AT TIMES OF LOW DEMAND AND THEN PUT ENERGY BACK ON THE GRID AT TIMES OF PEAK DEMAND. THAT IS A HUGE RELIABILITY FUNCTION BECAUSE YOU CAN BE MEETING PEAK DEMAND THROUGHOUT THE GRID INSTEAD OF OVERLOADING TRANSMISSION TO MEET PEAK DEMAND. THAT'S THE WAY OUR ORIGINAL TRANSMISSION WAS DESIGNED. YOU'VE GOTTA HAVE A BIG ENOUGH TRANSMISSION LINE TO MEET, TO MEET PEAK DEMAND. WITH PEAK LOAD. THESE BATTERIES SPREAD OUT THAT SPREAD OUT THAT LOAD BY MEETING PEAK DEMAND THROUGHOUT THE ENTIRE NETWORK. UM, IT'S INTEGRAL TO, TO THE INTEGRATION OF RENEWABLE RESOURCES. EVERYBODY KNOWS SUN SHINES DURING THE DAY, GOT EXCESS POWER. THIS IS A GREAT WAY TO MAKE THAT, MAKE THE, THE STORE THAT ENERGY AND THEN PUT IT BACK ONLINE IN THE, IN THE EVENING. UM, THESE PROJECTS CAN ALSO BE USED WHEN, UH, THERE'S A GRID FAILURE TO POWER SMALL PIECES OF SMALL PARTS OF NET OF NETWORK. THEY ALSO HAVE A, UH, GRID, A GRID, UH, THEY CALL IT GRID CONTROL FUNCTION, WHERE, YOU KNOW, IF YOU ALL LIVE NEAR, UH, LIKE A LARGE INDUSTRIAL USER THAT MAYBE TURNS ON IN THE MORNING, LIKE, LIKE A SAWMILL, YOU, YOU'LL SEE YOUR LIGHTS DIM. UH, THAT'S CALLED, IT'S CALLED BAD POWER QUALITY BATTERIES CAN DEPLOY ENERGY LIKE THE FLIP OF A SWITCH, JUST, JUST AS, AS FAST AS YOU CAN THINK, AND KIND OF KNOCK OUT SOME OF THAT BAD POWER QUALITY. SO THEY, THEY PLAY PLAY IN ESSENTIAL GR ESSENTIAL GRID FUNCTION. SO TODAY, WHEN YOU'RE MEETING PEAK DEMAND WITH PEAK LOAD, THAT'S OFTEN, THAT ROLE IS OFTEN PLAYED BY PETER PLANT. SO A NATURAL GAS PLANT THAT CAN RAMP UP REALLY QUICK OR A DIESEL FIRE, FIRE GENERAT GENERATOR THAT CAN RAMP UP REALLY QUICK. THESE ARE GOING TO THESE, THESE ARE GONNA ESSENTIALLY EVENTUALLY TAKE THE PLACE OF THOSE SOURCES OF POWER. SO I'M GONNA WALK YOU THROUGH YOUR, YOUR USE REGULATIONS AND THESE, THESE ARE IN YOUR PACKET. UM, WE'VE DONE A VARIETY OF THINGS HERE. SO WE'VE GOT A, A BATTERY, WE IN IN YOUR DEFINITION SECTION. WE'VE ADDED A, ADDED A BATTERY DEFINITION. UM, AND THEN TO EACH OF, TO YOUR, TO YOUR USE TABLE, WE HAVE ADDED BATTERY, BATTERY ENERGY STORAGE SYSTEM AS A PERMITTED USE AS IN BOTH YOUR A ONE AND M1 AND M TWO. AS TO THE USE SPECIFIC REGULATIONS. UH, ONE OF THE THINGS WE REALIZED IN PUTTING THIS ORDINANCE TOGETHER IS YOU ALL ACTUALLY DO PERMIT BATTERIES IN YOUR EMERGING TECHNOLOGIES DISTRICT, BUT IT'S JUST KIND OF LUMPED IN THERE WITH EVERYTHING ELSE. THERE WEREN'T ANY USE SPECIFIC REGS GOVERNING THE SITING DESIGN OPERATION. SO IN ADDITION TO ADDING THIS USE TO YOUR, THE, THE AG AND M1 M TWO DISTRICT, YOU'RE ALSO GOING TO GET REGULATION OF SOMETHING THAT'S ALREADY ON THE BOOKS IN THAT ET DISTRICT. SO SECTION 4 6 0 9 LAYS OUT THE APPLICATION REQUIREMENTS, EVERYTHING WE HAVE TO PUT TOGETHER TO FILE A PERMIT APPLICATION WITH YOU ALL. UM, IT'S THINGS YOU'RE USED TO SEEING. PROJECT DESCRIPTION, CONCEPT DEVELOPMENT PLAN. APPLICANT IS ON THE HOOK FOR ALL TECHNICAL REVIEW FEES. ZONING ADMINISTRATOR, AS IN OUR PROPOSED ORDINANCE, HAS WIDE AUTHORITY TO REQUIRE ADDITIONAL STUDIES AND DESIGN WORK AS THE ZONING ADMINISTRATOR. SEEMS NE DEEMS NECESSARY, JUST LIKE SOLAR. GOTTA HAVE A COMMUNITY MEETING. WE DID ADD A PROVISION IN HERE SO THAT WE COULD SYNC THIS MEETING WITH THE PBR APPLICATION, WHICH IS, IS A BEST PRACTICE AND IS REFLECTED IN A NUMBER OF OTHER JURISDICTION ORDINANCES. SO THE PERFORMANCE REQUIREMENTS ARE, ARE REALLY THE IMPORTANT PART. SO THIS LAYS OUT THE CODE THAT'S GONNA GOVERN THIS [00:35:01] USE. UH, NFPA 8 5 5. DEREK IS GONNA TALK A LOT ABOUT THAT. UH, THAT IS THE MOST UP TO DATE AND BEST CODE TO ADOPT FOR BATTERY ENERGY STORAGE SYSTEMS. VIRGINIA HAS YET TO ADOPT THAT, BUT YOU ALL ARE GONNA BE OPTING INTO IT BY ORDINANCE. UH, I'LL LET DERRICK SPEAK TO THAT. IN SPECIFICITY CONFIGURATION, THIS TALKS ABOUT THE BEST DESIGN, THE COMPONENTS THAT HAVE TO BE IN THERE. DERRICK'S GOT THOSE, THOSE DETAILS AND HE'S THE EXPERT ON THAT SAFETY OPERATIONS STANDARDS. UM, THIS GIVES A, THIS GIVES A LOT OF, UH, CONTROL TO, UH, MR. PHELPS IN MAKING SURE EVERYTHING WE SUBMIT TO HIM IS TO HIS LIKING AND TO, AND, AND, AND MEETS HIS, MEETS HIS DESIGN REQUIREMENTS. EMERGENCY ACCESS, SAME WAY MR. PHELPS HAS FINAL SAY ON THAT. WE HAVE TO ANSWER THAT QUESTION. UH, SECTION SIX IS SETBACKS. SO AR IN THE AR DISTRICT, WERE PROPOSING A 200 FOOT SETBACK, M1 AND M 2 75 FEET FROM ALL PROPERTY LINES. THINKING THERE IS, WITH THE EXCEPTION OF PERMITTED SOLAR PROJECTS, YOU ALL HAVE VERY LITTLE M1 AND M TWO LAND. AND IF IT'S ZONED M1 AND M TWO, IT'S PROBABLY IN A, IN AN AREA THAT CAN HANDLE ONE OF THESE PROJECTS WITHOUT HAVING A LOT OF OFFSITE, UH, OFFENDING ACTIVITY. SO LANDSCAPING SCREENING AND BUFFERING. YOU'LL SEE LANGUAGE IN THERE THAT SHOULD LOOK FAMILIAR. UH, PULLED A LOT OF THAT FROM YOUR, FROM YOUR SOLAR ORDINANCE, A HUNDRED FOOT OF EXISTING VEGETATION. THE ONE THING WE DID ADD IS ON 20 FEET OF EACH SIDE OF THE, THIS THE BATTERY SYSTEM, IT HAS TO BE CLEARED OF COMBUSTIBLE VEGETATION. THAT'S JUST A SAFETY BEST PRACTICE. THAT'S IN A NUMBER OF DIFFERENT ORDINANCES. FENCING, UH, AGAIN, WE'VE OPTED INTO THE BEST REGULATION ON THIS AND THAT'S GONNA GOVERN. BUT WE DID SET A MINIMUM FENCE HEIGHT OF EIGHT FEET. SO IF THE, THE APPLICABLE CODE REQUIRES SOMETHING THEN HIGHER, HIGHER THAN EIGHT, THAT'S WHAT WE'LL DO. SIGNAGE, THAT'S JUST TO COVER TO MAKE SURE THAT, YOU KNOW, WE'RE, WE'RE NOT USING THESE THINGS AS A BILLBOARD. LIGHTING IS JUST FOR SAFETY PURPOSES. YOU KNOW, THESE, THESE THINGS ARE GONNA BE OPERATED MUCH LIKE A SUBSTATION. SO MINIMAL LIGHTING, IF ANY, AND USUALLY MOTION ACTIVATED EMERGENCY RESPONSE PLAN. AGAIN, DEREK'S GONNA TALK ABOUT THIS CONCEPT IN DETAIL. YOU KNOW, THESE JUST LIKE, JUST LIKE ANY NEW USE, THERE ARE RISKS ASSOCIATED WITH BATTERY ENERGY DISORDER SYSTEMS. THEY'RE SAFE, BUT IF SOMETHING GOES WRONG, THERE HAS TO BE A GOOD PLAN ON BOOKS. UH, MR. PHELPS AND STAFF WILL HAVE FINAL SAY ON THE, THE, THE CONTENTS AND DETAILS OF THE EMERGENCY RESPONSE PLAN. BUT THERE'S A LOT OF DETAILS WERE REQUIRED TO PUT PUT IN PLACE TRANSPORTATION AND TRAFFIC CONTROL. YOU, THAT SHOULD LOOK FAMILIAR TO Y'ALL AS WELL. THAT'S SIMILAR TO WHAT'S IN YOUR SOLAR ORDINANCE. THE CONSTRUCTION TIMELINE ON A BATTERY PROJECT IS NOTHING LIKE A SOLAR PROJECT. IT'S MUCH SMALLER. WE'RE TALKING ABOUT, YOU KNOW, LIKE I SAY, 20, 20 TO 50 ACRES, EACH OF THOSE UNITS COMES IN ON A TRUCK. SO IT'S NOT LIKE TRUCKLOAD AFTER TRUCKLOAD, AFTER TRUCKLOAD OF, OF PANELS AND RACKING. IT'S, IT'S A MUCH TIGHTER TIMELINE. SO THIS TRANSPORTATION AND TRAFFIC AND CONTROL PLAN WILL GOVERN THAT SHORT TRAFFIC WINDOW. ONCE THE, ONCE THE PROJECT IS BUILT, YOU'RE GONNA HAVE WEEKLY, MONTHLY TYPE INSPECTIONS AND IT'S GONNA BE A GUY IN A PICKUP TRUCK. SO BONDING REQUIREMENTS, THERE'S A PROVISION IN THERE FOR, UH, BONDER LEVEL OF CREDIT TO SECURE COMPLIANCE WITH THE USE PERMIT. UH, DECOMMISSIONING, I KNOW THAT'S A, THAT'S A HOT BUTTON ISSUE. JUST WANT YOU TO KNOW THE DECOMMISSIONING OBLIGATION FOR A BATTERY PROJECT AND THE, AND THE PROJECT OWNER'S OBLIGATION TO GET THAT THING OUT OF THERE AT THE END OF ITS USEFUL LIFE IS THE EXACT SAME AS A SOLAR FACILITY. SO WE'RE ON THE HOOK AT THE END OF THIS PROJECT'S LIFETIME DECOMMISSIONING AGREEMENT THAT'S GONNA LOOK VERY SIMILAR TO YOUR, YOUR SOLAR ORDINANCE AS WELL. IF YOU GUYS HAVE ANY QUESTIONS ABOUT THE CONTENTS OF THIS, UM, CONNOR O'DONNELL IS HERE AS WELL. HE HELPED DRAFT THIS. HE'S A ONE OF OUR IN-HOUSE LAND USE PLANNERS. UH, THE MAJORITY, I, I WISH WE COULD SAY THAT WE WERE SMART ENOUGH TO PUT ALL THIS LANGUAGE TOGETHER ON OUR OWN, BUT THE MAJORITY OF THIS LANGUAGE HAS BEEN ADOPTED IN SOME JU FOR VIRGINIA JURISDICTION OR ANOTHER FOR, IT'S BEEN MODIFIED FROM EXISTING ORDINANCES IS OUR ACCOUNT. WELL, WITH THAT, I'LL, I'LL LET DEREK COME UP AND UH, TAKE YOU THROUGH HIS PRESENTATION. IT'S GOT MOVED. [00:40:05] OKAY. UH, MY NAME'S DEREK POST. I'M A FIRE PROTECTION ENGINEER AND I'M A FIREFIGHTER IN PRINCE GEORGE'S COUNTY MARYLAND. I WORK FOR A COMPANY CALLED FIRE AND RISK ALLIANCE. WE ARE AN ENGINEERING FIRM THAT FOCUSES ON BATTERIES. WE DO FIRE TESTING FOR MANUFACTURERS. WE WORK WITH DEVELOPERS ON CITING THEIR BATTERY ENERGY STORAGE PROJECTS. AND WE ALSO WORK WITH THE FIRE DEPARTMENTS ON GENERATING EMERGENCY RESPONSE PLANNING AND DOING FIRE DEPARTMENT TRAINING. WE HAVE INSTRUCTORS ALL OVER THE COUNTRY THAT HELP TO FACILITATE TRAINING FIRE DEPARTMENTS WHERE THESE GET INSTALLED. EXCUSE ME. SO I WANTED TO KIND OF JUST GIVE A HIGH LEVEL DISCUSSION ON BATTERIES AND FROM A FIRE PROTECTION LENS BECAUSE A LOT OF THE INFORMATION YOU'LL SEE EITHER ON THE NEWS OR ONLINE FOCUS A LOT ON BATTERIES AND THEIR, THEIR HAZARDS THAT EXIST WITH 'EM. SO I WANTED TO JUST KIND OF GET, HAVE THIS OPPORTUNITY TO TALK WITH YOU ALL ABOUT THEM SO YOU HAVE SOME MORE INFORMATION. SO ON THE SCREEN THERE YOU CAN KIND OF SEE, I'M GONNA TALK ABOUT THE GEOMETRY OF BATTERY ENERGY STORAGE. SO EVERYONE HAS A LITHIUM ION BATTERY IN THEIR POCKET RIGHT NOW IN THE FORM OF A POUCH IN YOUR PHONE. THERE'S DIFFERENT GEOMETRIES. YOU CAN HAVE A CYLINDER, WHICH IS WHAT YOU WOULD HAVE IN A LOT OF YOUR MICRO MOBILITY DEVICES AND YOUR ELECTRIC VEHICLES. AND YOU CAN HAVE A PRISMATIC STYLE WHICH KIND OF LOOKS LIKE A CAR BATTERY FOR THE LACK OF BETTER TERMS. AND THOSE CELLS ARE EACH INDIVIDUAL BATTERIES JUST LIKE YOUR AA BATTERIES BY ITSELF. BUT WHEN YOU PUT IT IN YOUR APPLIANCE, YOU MIGHT HAVE FOUR OF THEM IN THERE. YOU CAN THINK OF THAT AS THE NEXT STAGE, WHICH IS A MODULE. SO IN THAT IMAGE THERE, YOU SEE A MODULE. IT CAN VARY ON THEIR SIZE DEPENDING ON WHAT MANUFACTURER, BUT THEY COULD BE AS BIG AS THIS AS THE TABLE YOU HAVE UP HERE OR THE SIZE OF A SHOEBOX. IT JUST DEPENDS. SO WITHIN THAT MODULE YOU HAVE A VARIETY OF CELLS TIED TOGETHER. THEN THOSE MODULES ARE PUT INTO RACKS. IT KIND OF LOOK LIKE SERVER RACKS IN LIKE A DATA CENTER OR SOMETHING. AND THEN ULTIMATELY THOSE UNITS OR RACKS ARE PLACED INTO A CONTAINER AND THAT'S WHAT YOU SEE THAT WOULD BE GETTING SHIPPED AND OR THE FINAL PRODUCT THAT EXISTS AT THE FACILITY. SO THE CONTAINER IS THE HIGHEST LEVEL AND IT HAS A LOT OF FEATURES WITHIN IT THAT HELP MANAGE THESE BATTERIES. AND WE'LL TALK ABOUT THEM HERE IN A MOMENT. SO THE CELLS MODULES, RACKS BATTERY MANAGEMENT SYSTEM ALL HAVE TO BE TESTED TO AN UNDERWRITER LABORATORY STANDARD AND THEY HAVE TO BE IN COMPLIANCE WITH THOSE. SO BATTERY ENERGY STORAGE SYSTEMS ARE NOT NECESSARILY NEW, BUT THE STANDARDS FOR THEM DIDN'T COME ABOUT UNTIL THE LATE TEENS AND EARLY 2020S. SO ENERGY STORAGE EXISTED IN THIS COUNTRY AND THE WORLD BEFORE THERE ARE ANY REGULATION ON 'EM. BUT NOW THEY'RE HEAVILY REGULATED AND HAVE TO BE TESTED. UM, ONE ITEM I WILL HIGHLIGHT IMMEDIATELY IS THE LAST ONE. IT SAYS CELL MODULE RACK INSTALLATION TESTS. THAT IS A FIRE TESTING SERIES THAT THEY HAVE TO DO ON THE BATTERIES. AND WITH THAT THEY START AT THE CELL LEVEL WHERE THEY ACTUALLY HAVE ONE CELL. THEY PUT IT IN A PRESSURE VESSEL AND THEY FORCE IT INTO A FIRE EVENT AND THEY'LL USE THAT DATA IN ORDER TO MAKE ANALYSIS AND REPORTS FOR AN ONSITE LOCATION. AFTER THAT CELL TEST IS DONE, THEY HAVE TO GO TO THE MODULE LEVEL. SO THAT TEST, THEY'RE TRYING TO ILLUSTRATE OR PROVE THAT IF WE HAVE A SINGULAR CELL THAT HAS AN EVENT, DOES IT OR DOES IT NOT PROPAGATE TO ADJACENT CELLS WITH INSIDE OF THAT MODULE. THEN THE NEXT LEVEL IS THE UNIT TEST. THIS IS WHERE ALL OF THE FEATURES OF THAT WHOLE CONTAINER ACTUALLY GET APPLIED. SO DOES THE HEAT, UM, THE THERMAL MANAGEMENT SYSTEM DISSIPATE HEAT APPROPRIATELY? DOES THE FIRE ALARM SYSTEM INSIDE OF IT WORK AND DETECT APPROPRIATELY? DOES THE BATTERY MANAGEMENT SYSTEM TURN OFF THE STATE OF WHAT THE BATTERY WAS DOING? SO THE BATTERY MANAGEMENT SYSTEM LOOKS AT STATE OF CHARGE, CHARGE RATE, DISCHARGE RATE. HAVE YOU EVER PUT YOUR PHONE ON THE DASH OF YOUR CAR AND IT TURNED OFF 'CAUSE IT GOT TOO HOT? THAT'S A BATTERY MANAGEMENT SYSTEM. AND THIS FACILITY'S EQUIPMENT WILL HAVE ONE OF THOSE SYSTEMS THAT IS VERY, VERY RIGOROUS AND ROBUST COMPARED TO THE ONES ON OUR PHONE. SO WHAT CODES APPLY? UH, LIKE WE SAID A FEW MOMENTS AGO, VIRGINIA HASN'T ADOPTED A BATTERY ENERGY STORAGE STANDARD. HOWEVER, THE MOST APPLICABLE ONE TODAY IS NFPA A 8 55 AND IT IS THE STANDARD FOR STATIONARY BATTERY ENERGY STORAGE SYSTEMS. THE ORDINANCE YOU HAVE IN FRONT OF YOU, A LOT OF THE LANGUAGE IN THERE COMES DIRECTLY FROM THE STANDARD, WHICH IS NATIONALLY ADOPTED BY THE NATIONAL FIRE PROTECTION ASSOCIATION. SO THIS IS THE SECOND REVISION OF NFPA 55. THE FIRST ONE CAME OUT IN 2020. AND WITHIN THIS IT HAS ALL OF THE SITE LEVEL REQUIREMENTS THAT NEED TO BE UPHELD IN TERMS OF FIRE DEPARTMENT ACCESS, ROADS, [00:45:01] WATER STORAGE, EMERGENCY RESPONSE PLANNING, FIRE DEPARTMENT TRAINING, WHAT FIRE PROTECTION SYSTEMS EXIST, ET CETERA. AND I KIND OF JUST TOUCHED ON THAT HERE, BUT IT ALSO ILLUSTRATES SIZE AND SEPARATION, HOW BIG THEY CAN BE, WHAT THE COMMISSIONING AND DECOMMISSIONING PLANS LOOK LIKE, WHAT THE MAINTENANCE NEEDED FOR THEM IS. SO I WANT TO TALK A LITTLE BIT ABOUT THE LEVELS OF PROTECTION THAT EXISTS. SO FROM THE PREVENTIVE REGION, WE HAVE WHAT THOSE BATTERIES ARE MADE OUT OF. THEY'RE ENVIRONMENTAL SYSTEM CONTROL. SO THEY HAVE A THERMAL MANAGEMENT SYSTEM. MOST OF THEM ARE LIQUID COOLED NOW. SO ALL OF THE BATTERIES ARE KEPT AT A CERTAIN TEMPERATURE. THERE'S A BATTERY MANAGEMENT SYSTEM WHICH LOOKS AT THE CELL TEMPERATURE, THE STATE OF CHARGE, STATE OF DISCHARGE, AND BASICALLY BASIC BATTERY HEALTH. UM, THERE'S TEMPERATURE MONITORING FOR THE CONTAINER ITSELF. SO ANY LIKE VOID, SPACE, AIR, THERE'S A WHOLE HVAC SYSTEM. THEN WE HAVE SMOKE DETECTION IN THEM. TYPICALLY WE'LL HAVE GAS DETECTION. THE GAS DETECTION IS USED ON AN EXHAUST SYSTEM. SO IF THE BATTERY WERE TO HAVE AN EVENT, THE GAS DETECTOR WOULD SENSE IT AND THEN IT WOULD OPEN UP BASICALLY LIKE A KITCHEN HOOD TYPE EXHAUST SYSTEM WHERE IT WOULD EXHAUST ANY OF THE GASES THAT GET PRODUCED. UM, SOME OF THEM, DEPENDING ON THE MANUFACTURER MIGHT HAVE A SUPPRESSION SYSTEM IN IT. AND THEN THERE'S, UH, THE BIGGEST ONE IN MY OPINION IS THE NON PROPAGATION STYLE DESIGN. SO WITH THE FIRE TESTING THAT HAS TO BE DONE, THEY'LL ILLUSTRATE HOW FAR APART THESE CONTAINERS HAVE TO BE. SO IF THERE WAS AN EVENT IN ONE OF 'EM, IT STAYS IN THAT ONE. IT DOESN'T SPREAD AND SPREAD AND SPREAD. SO YOU CAN SEE ON THE NEWS THERE'S BEEN FIRES THAT HAVE HAPPENED AND THEY MAY HAVE SPREAD BECAUSE THIS FIRE STANDARD AND THESE CODES AND THIS TESTING WASN'T APPLIED WHEN THAT ONE GOT INSTALLED 15, 20 YEARS AGO. BUT NOW THESE STANDARDS EXIST, UM, WITHIN AN NFPA 55, THERE'S A DOCUMENT THAT IS PROVIDED FOR ANY ENERGY STORAGE SYSTEM OVER 600 KILOWATTS. AND THAT'S A HAZARD MITIGATION ANALYSIS. AND THAT ANALYSIS BASICALLY IS LOOKING AT WHETHER OR NOT FIRES ARE CONTAINED, WHETHER OR NOT FIRES CAN BE DETECTED. IF THERE'S ANY GASES THAT GET PRODUCED, DOES THAT IMPACT ANYONE IN THE PROXIMITY OF THE PROJECT? UM, THE SETBACK DISTANCE IN THE FIRE CODE IS ACTUALLY A HUNDRED FEET. SO THE ONE THAT YOU HAVE IN FRONT OF YOU IS TWO TIMES THAT FOR YOUR AGRICULTURAL LOCATION. AND THEN YOU ALSO HAVE 500 FEET TO ANY RESIDENCE. SO YOU'RE FIVE TIMES OVER WHAT NFDA ILLUSTRATES? UM, SO THIS HAZARD MITIGATION ANALYSIS ESSENTIALLY IS LOOKING AT DIFFERENT FEATURES OF THE FACILITY, WHETHER THAT'S THE ACTUAL PRODUCT OR THE SITE AS IT GOT DESIGNED AND WHETHER OR NOT EVERYTHING IS MITIGATED AS AS BEST KNOWN IN THE INDUSTRY. UH, THE NEXT ITEM IS AN EMERGENCY RESPONSE PLAN. UH, SO WE MET WITH CHIEF THIS, UH, THIS AFTERNOON EARLIER, AND WE JUST TALKED ABOUT WHAT THESE KIND OF LOOK LIKE, WHAT THEY MEAN FOR BATTERY ENERGY STORAGE SYSTEMS AND WHAT KIND OF CONTENTS ARE IN THEM. AND ULTIMATELY WE WILL WORK WITH THE FIRE DEPARTMENT HERE IN ORDER TO MAKE SURE THAT THEY'RE COMFORTABLE WITH THIS USE AND THAT THEY UNDERSTAND IF THERE IS AN INCIDENT, THOSE STATISTICALLY VERY LOW, WHAT IS IT THAT WOULD BE EXPECTED OF YOU AS FIRST RESPONDERS? UH, BUT BASICALLY THESE FACILITIES ARE NOT STAFFED. THERE'S NO ONE IN THEM, TYPICALLY THEY'RE MONITORED REMOTELY. SO THERE'S A REMOTE OPERATION CENTER, JUST LIKE ANY SUBSTATION. SUBSTATIONS ARE NOT STAFFED, TYPICALLY PEOPLE ARE MONITORING IT REMOTELY. AND THERE'S, UM, YOU KNOW, THE, THE INTENT OF THE FIRE DEPARTMENT IS TO INTERVENE IF THERE'S A NECESSITY. AND THE NECESSITY IS EITHER LIFE SAFETY OR PROPERTY PROTECTION. SO THE PROPERTY PROTECTION THAT EXISTS HERE MAY BE COOLING AN ADJACENT CABINET RATHER THAN DE ADDRESSING THE ONE THAT'S ACTUALLY HAVING AN EFFECT. AND AT THE END OF THE CONSTRUCTION PHASE, WE'LL DO A BOOTS ON THE WALK, GRANT WALK DOWN, UH, WITH THE FIRE DEPARTMENT TO SHOW THEM THE FACILITY. BUT THAT'S KIND OF ALL I HAD. I JUST WANTED TO GIVE A QUICK CRASH COURSE ON LIKE WHAT THE FIRE CODE SAYS, WHAT THE FIRE TESTING STANDARDS ARE FOR ENERGY STORAGE SYSTEMS. AND OBVIOUSLY I'M HERE AND I'M HAPPY TO ANSWER ANY AND ALL QUESTIONS YOU HAVE. I'M SURE YOU HAVE THEM AND I'LL LEAVE IT AT THAT. THANK YOU. YEAH, I GOT A COUPLE LITTLE QUESTIONS. YEAH, I THINK IT'S PRETTY COOL. I LIKE IT. I MEAN, I MEAN, DOES IT ACTUALLY GIVE US SAY CLEANER? I MEAN LIKE YOU SAID IT CATCHES THE HIGHS AND THE LOWS, YOU KNOW, DURING THE PEAKS AND STUFF, BUT HOW DO, HOW DO YOU MAKE MONEY ON IT? DO YOU ONLY USE IT FOR THAT OR YOU SEE WHAT I'M SAYING? IS IT, DOES IT GIVE US, WE, UH, I'M AN ELECTRICAL CONTRACTORS WENT TO A GUY'S HOUSE IN BURNSVILLE THE OTHER DAY, AND DOMINION HAD GIVEN HIM SOME BAD POWER. THEY HAD A TRANSFORMER OR SOMETHING DOWN THE ROAD JUST JACKED UP AND THEY WERE BURNING UP EVERYTHING IN HIS HOUSE. SO I MEAN THE, AND THEN THERE'S A FIRE STATION JUST PAST IT AT ON PRINT ON ROUTE 10, AND WE WERE WORKING ON THAT. WE HAD CRAPPY POWER COMING IN. I MEAN, DOES, DOES [00:50:01] THIS ACTUALLY HELP THE GRID A LITTLE? I MEAN IS IT LIKE A CAPACITOR? DOES IT, DOES IT KIND OF BUFFER UP AND DOWN AND, AND HELP THE GRID OR DOES IT ONLY COME ON AT CERTAIN TIMES? HOW IS IT? SO THE, THE GRID OPERATOR WILL SEE THE DEMAND AND SEE WHAT THE OUTPUT IS IN THE GRID, AND IF THERE'S A NECESSITY TO TURN IT ON, THEY'LL BE ABLE TO TURN IT ON AND IT'LL IMMEDIATELY SUPPLY POWER. MM-HMM . IT'S UNLIKE A PEAKER PLANT. OKAY. LIKE WHAT HE SPOKE TO A FEW MOMENTS AGO, BECAUSE THOSE HAVE TO TURN ON AND RAMP UP, WHEREAS THIS ENERGY DISTRIBUTION IS THE SPEED OF LIGHT. IT'S THERE, IT'S IMMEDIATELY TURNED ON. GRANTED IT HAS TO GO THROUGH AN INVERTER, IT HAS TO GO INTO A STEP UP TRANSFORMER. BUT THAT ALL IS TAKING NANOSECONDS TO ACCOMPLISH TO, TO YOUR QUESTION, A PERMITTED PROJECT OVER ON EASTERN SHORE, UH, THAT WAS LOCATED OUTSIDE THE NASA OPS FLIGHT FACILITY. AND WHEN THAT PROJECT IS EVENTUALLY BUILT, ONE OF THE KEY FUNCTIONS WILL BE POWER QUALITY, AS YOU SAID. 'CAUSE NASA OPS HAS ALL SORTS OF HIGH-END TECHNOLOGY THAT CAN'T CONTROL, THEY CAN'T TOLERATE ANY BAD POWER, QUALITY, ANY VARIATIONS IN POWER. SO THE IDEA, PART OF THE IDEA BEHIND THAT ONE IS THAT POWER QUALITY PERSPECTIVE. BUT TO YOUR QUESTION IS HOW DO YOU MAKE MONEY? MY UNDERSTANDING IS THE BIGGEST PORTION OF THIS BUSINESS MODEL IS PULLING OFF LOW COST ENERGY, PUTTING IT BACK AT PEAK. PEAK. OKAY. SO YOU ARE, YOU'RE KIND OF PLAYING THE MARKET RIGHT, IN A LOT OF WAYS. AND DOES, DOES IT HAVE A, I'LL NEVER FORGET, THEY CAME, THEY PUT FIBER OPTIC THROUGH THE COUNTY 15 YEARS AGO AND THE COUNTY DIDN'T, DIDN'T ASK, HEY, WE'LL LET YOU RUN FIBER THROUGH THE COUNTY, BUT DO YOU MIND STOPPING SOMEWHERE AND LETTING US HAVE SOME FIBER OPTIC? WELL, THEY DIDN'T, THEY DIDN'T ASK. SO THEY WENT RIGHT ON THROUGH THE COUNTY AND WE DIDN'T HAVE FIBER OPTIC FOR 10 YEARS AFTER THAT. IS THIS SOMETHING WHERE LIKE SAY WE HAVE OUR, OUR 9 1 1 CENTER, I MEAN WE HAVE A GENERATOR, YOU KNOW, IS IT ABLE TO GIVE US SOME REDUNDANCY TO CRITICAL, LIKE THE POLICE STATION, THE 9 1 1 CENTER, THE RESCUE SQUAD? I MEAN, IS IT, CAN THEY SELECT WHICH PARTS OF THE GRID IT GOES ON TO? YOU KNOW, LIKE IF WE HAD A HOSPITAL, YOU KNOW, YOU'D CERTAINLY WANT IT TO GO TO. DOES IT DO THAT OR IS THAT DONE THROUGH THE POWER COMPANY? YEAH, I UNDERSTAND THE QUESTION AND NO, IT DOESN'T GO TO WHICH LOCATION YOU SELECT. IT'S GOING IMMEDIATELY TO THE GRID AND THEN ELECTRONS, JUST LIKE PATH OF LEASE RESISTANCE WILL GO TO THE LOCATION OF THE CLOSEST DEMAND FIRST. TYPICALLY, HOWEVER, UNLESS YOU INSTALLED AN ENERGY STORAGE CABIN AT THE FIREHOUSE IN REPLACEMENT OF THEIR GENERATOR, THAT WOULD BE THE ONLY WAY YOU WOULD BE ABLE TO DELINEATE THAT POWER SPECIFICALLY FOR THAT LOCATION. RIGHT. SO IT GOES TO THE GRID JUST LIKE ANY OTHER POWER FROM A REACTOR, FROM A COAL POWER PLANT, FROM YOUR SOLAR, FROM YOUR WIND, IT ALL JUST GOES IN AND SPREADS. AND THAT BRINGS UP ANOTHER POINT ABOUT THIS DRAFT ORDINANCE IS WE SPECIFICALLY IDENTIFIED THOSE TYPES OF LIKE HOME SERVICE BATTERIES OR COMMERCIAL SERVICE BATTERIES AS A SEPARATE ITEM, CORRECT. A BUYER BECAUSE IT'S NOT GET . NO, I I, I ALWAYS GET TICKLED WHEN I HEAR FACEBOOK, YOU KNOW, IS GONNA IN VIRGINIA AND THEY WANT 10% RENEWABLE ENERGY AND YOU KNOW, PEOPLE THINK, OH, OUR RENEWABLE ENERGY IN SUR IS GONNA CLIMB THROUGH THE WIRES AND GO TO WHEN IT HITS THE LINE. LIKE YOU SAID, IT'S ELECTRONS, IT'S GOING EVERYWHERE. IT'S NOT GOING ONE OR THE OTHER. THE ONLY OTHER SAFETY THING THAT I THINK WE MAYBE OUGHT TO LOOK AT IS I SAW THOSE REAL COOL GRAVEL, YOU KNOW, LIKE, LIKE SUBSTATION YARDS. THAT'S REALLY GOOD. YOU KNOW, IF YOU, IF YOU EVER HAD A CATASTROPHE. THE FENCE I'M ASSUMING IS JUST TO KEEP FOLKS OUT. WE'RE SO RURAL OUT HERE IF, IF SOMETHING DID SPARK AND WE, YOU KNOW, THE GRAVEL JUST GOES TO THE FENCE ONCE IT GETS OUTSIDE THE FENCE. IF IT'S 500 FEET FROM MY HOUSE AND THE WAY WE HAVE BRUSH FIRES AND STUFF AROUND HERE, I MEAN IT'S LIKE, LIKE NOW WE CAN'T EVEN RESPOND TO GET ENOUGH PEOPLE RESPONDERS THERE TO TAKE CARE OF IT. I WOULD SUGGEST WE HAVE A BUFFER OUTSIDE THE FENCE, JUST A GRAVEL BUFFERS, YOU KNOW, FENCES DON'T, LIKE, I MEAN, FIRES DON'T LIKE TO JUMP GRAVEL AND STUFF, YOU KNOW, GIVE IT A LITTLE BIT MORE IF WE'RE GONNA DO IT IN AR DISTRICT, YOU KNOW, IF IT'S IN A M1 OR SOMETHING WHERE MAYBE THERE'S MORE ASPHALT OR SOMETHING. BUT I JUST THINK THE, YOU KNOW, THE SAFETY OF IT, IT JUST FIRES TRAVEL FAST, FAST AROUND HERE. I MEAN, BUT THAT'S SOMETHING WE COULD PUT IN OUR ORDINANCE, RIGHT? MR. WADE? I NEED TO GET FOR A LITTLE BIT, YOU KNOW, FOR A VEG, NOT A VEGETATION BUFFER, BUT A MORE OF A GRAVEL BUFFER. WE COULD ADDRESS IT BY ORDINANCE OR IT COULD, SINCE THIS HAS TO BE A CONDITIONAL USE ME, IT COULD BE PROJECT BY BASED ON THE PROJECT, BUT BASED ON THE CONCEPTUAL DESIGN OF A PROJECT. EITHER. EITHER OR. OKAY. SO YOU, I MEAN, ONCE YOU'RE LOOKING AT A PROJECT, YOU COULD DECIDE, LISTEN, UH, JUST BASED UPON THIS LAYOUT, WE RECOMMEND THAT THERE BE, YOU MAY DECIDE, HEY, WE MIGHT NEED MORE FOOTAGE THAN THAT. 'CAUSE YOU MIGHT, YOUR, YOUR MINIMUM THAT YOU'RE SITTING IN YOUR ORDINANCE MIGHT NOT BE ENOUGH FOR THIS PARTICULAR PROJECT, RIGHT? YEAH. I [00:55:01] JUST SAY WE GET IT UP FRONT WHILE WE'RE DOING THE ORDINANCE AND EVERYBODY THAT COMES IN SAYS, OH, THAT'S NO BIG DEAL. WE'LL PUT A COUPLE MORE LOADS OF GRAVEL AROUND THE OUTSIDE OF THE FENCE. YOU KNOW, WE DON'T HAVE TO PUT IT IN EVERY CUP THAT COMES ALONG. YEAH, YOU COULD, YOU CAN ESTABLISH A NEW MINIMUM. MINIMUM. AND THEN, UH, IF YOU, IF YOU DECIDE BASED ON THE PROJECT YOU CAN INCREASE, INCREASE, RECOMMEND INCREASEMENT, UH, OF SAY ANOTHER, ANOTHER COUPLE FEET. SO, SO SECTION SEVEN SUBSECTION TWO AREAS WITHIN 20 FEET OF EACH SIDE OF THE BATTERY ENERGY STORAGE SYSTEM SHALL BE CLEARED OF COMBUSTIBLE VEGETATION BY THE COMBUSTIBLE GROWTH. I DON'T SEE ANY REASON WHY WE COULDN'T MAKE THAT MAYBE 40 OR SOMETHING. MAYBE INCREASE THAT NUMBER JUST A LITTLE BIT MORE. 'CAUSE I, I KNOW SPARKS WHEN YOU GET A GOOD WIND AND THEY HIT LEAVES THAT ARE ALREADY BLOWN UP AGAINST THE FENCE. YEAH. YOU KNOW, WE GOT TROUBLE BECAUSE WE'VE GOT A MINIMUM 200 FOOT SETBACK IN THE AR DISTRICT, A HUNDRED FOOT BUFFER. SO WE DO HAVE ABOUT A HUNDRED FEET TO WORK WITH FROM THE COMPONENT. YOU KNOW, WE'RE WORKING WITH, WE'RE WORKING WITH A MINIMUM OF 200 FEET. SO I I I DON'T SEE ANY REASON WHY WE COULDN'T, WE COULDN'T WORK THAT IN THERE. AND LAST QUESTION, SO THE COUNTY, WE MAKE MONEY JUST ON THE VALUE OF THE EQUIPMENT, THE TAX ON THE EQUIPMENT. I MEAN, THERE'S NOTHING LIKE, YOU KNOW, WE GET NET METERING OR ANYTHING LIKE THAT, CORRECT? YEAH. SO THESE, THESE PROJECTS ARE TAXED JUST LIKE A SOLAR FACILITY. YOU PAY MACHINERY, TOOLS, TAX ON THE VALUE OF THE EQUIPMENT. UM, THE DIFFERENCE IS YOU'RE PUTTING A TON OF HIGH VALUE INFRASTRUCTURE IN A VERY SMALL AREA. SO IT'S A VERY REVENUE DENSE LAND USE. FROM THE COUNTY'S PERSPECTIVE, IT'S, AND WE'VE TALKED ABOUT THIS BEFORE, BUT RIGHT, IT'S EL THE COUNTY'S ELIGIBLE TO ADOPT A, A REVENUE SHARE ORDINANCE OF $1,400 PER MEGAWATT PER YEAR INCREASING 10% A YEAR, STARTING IN 2026. UM, THERE'S FOR, FOR A VARIETY OF REASONS WE'VE DISCUSSED IN DETAIL THAT PROBABLY DOESN'T MAKE SENSE FOR SIR BECAUSE OF THE NEW PLAN. BUT, UH, THIS PROJECT WOULD BE ELIGIBLE FOR THAT AS WELL. IT'S ALSO ELIGIBLE FOR A SITING AGREEMENT. SO THERE'S, THAT'S THE VEHICLE FOR PAYMENTS ABOVE AND BEYOND THE STATUTORY OBLIGATION. THE PROJECT. I GOT A QUESTION. WHAT, WHAT STYLE ARE WE LOOKING AT? BECAUSE, UM, I SAW A COUPLE DEMO PHOTOS IN HERE. WE GOT SOME ON THE CONCRETE SLABS, AND THEN WE ALSO HAVE SOME THAT JUST STACK ON THE BLOCKS. UM, THE TRAILER SYSTEM JUST STACKED ON BLOCKS WITH THE ROCK BASICALLY, IT, IT, IT COULD, IT COULD BE ANY OF THOSE. SO THIS ORDINANCE IS DESIGNED TO CAPTURE EVERY TYPE OF TECHNOLOGY, EVERY TYPE, EVERY TYPE OF DESIGN. SO DEREK CAN TALK AT LENGTH ABOUT DIFFERENT VARIETIES OF BATTERIES, DIFFERENT TECHNOLOGIES, AND I BELIEVE A LOT OF DIFFERENT COMPANIES HAVE DIFFERENT DESIGN AND SPACING REQUIREMENTS BASED ON THEIR, THEIR GIVEN TECHNOLOGY. THIS IS DESIGNED TO CATCH, TO CATCH THEM ALL. SO KIND LIKE CONCRETE SLAB. YEAH, THEY'RE, THEY'RE NOT VERY TALL. RIGHT. I MEAN, JUST BASICALLY CONEX TO BE TALLER. SO COMPARED TO LOOKING AT SOMETHING SITTING ON BLOCKS YEAH. COMPARED TO SOMETHING SITTING ON CONCRETE. YOU, YOU'D BE THE JUDGE OUT. YEAH. AND I GUESS LASTLY, I SAW THE LAST PHOTO. UH, THIS, THIS ONE WILL BE A LITTLE SORE. WE'RE NOT PLANNING ON PUTTING ANY OF THESE BATTERIES BETWEEN SOLAR PANELS ALREADY. THE PHOTO WAS IN THERE, SO I FIGURED I WOULD JUST ASK. YEAH, SO THAT WOULD BE A SORE THUMB THAT, THAT WOULD, THAT THAT, JUST TO FULLY ANSWER YOUR QUESTION, IF AN EXISTING OR APPROVED SOLAR PROJECT IN SURREY WANTED TO ADD A BATTERY, THEY WOULD HAVE TO GET A SEPARATE USE PERMIT TO PUT THAT ON SITE. SO SHORT ANSWER, NO. YES. YEAH. YEAH. BUT IT WOULD MAKE SENSE. I MEAN, IF THEY GOT 'EM THERE THAT IT WOULD BE A GOOD SOLUTION AND IT'S ALREADY THERE AND YOU CAN'T SEE, I MEAN, ON, ON THE BATTERIES, I DON'T KNOW IF I'M MISSED IT OR NOT. ARE ALL OF THE BATTERIES, NEW BATTERIES WHEN THEY BROUGHT IN, ARE THE RECONDITIONED RECYCLED OR ALL THE ONES THAT WOULD BE COMING HERE LIKELY WOULD BE NEW BATTERY TECHNOLOGIES. OKAY. IS THAT, IS THAT YOUR QUESTION? YEAH. OKAY. AND ARE THE BATTERIES MIXED? I KNOW ALL OF 'EM HAVE DIFFERENT CHEMISTRIES. YEAH. IN A GIVEN CELL WOULD BE THE SAME TYPE OF BATTERY. THEY'RE NOT MIXED WITH ONE TO THE OTHER. RIGHT. SO I THINK THE QUESTION YOU'RE ASKING IS, IS A SODIUM BASED BATTERY GOING TO BE LOCATED NEXT TO A LITHIUM IRON PHOSPHATE BATTERY? RIGHT. THE ANSWER TO THAT IS NO, IT WOULD BE ONE CHEMISTRY FOR THE ENTIRE CONTAINER AND LIKELY EACH CONTAINER WOULD BE THE SAME FOR THIS SPECIFIC FACILITY. YEAH. THESE, THESE COMPANIES, THEY, THEY CONTRACT WITH TESLA OR WHOEVER, WHOEVER MAKES THE BATTERY TO DESIGN THE WHOLE SYSTEM. IT'S LIKE A MODULAR STYLE BOX. YOU JUST BUY THE SHIPPING CONTAINER AND EVERYTHING COMES IN IT. YOU JUST PUT IT ON A [01:00:01] CONCRETE PAD AND LITERALLY PLUG IT UP. OH, OKAY. HOW FAR DO YOU HAVE TO BE FROM A TRANSMISSION LINE WITH THIS? SO OTHER ONES I'VE PERMITTED HAVE BEEN, I MEAN, LITERALLY ADJACENT TO IT. UH, BUT, AND THE GOAL IS GENERALLY TO GET AS CLOSE TO THE TRANSMISSION LINE AS POSSIBLE BECAUSE RUNNING A GENTI IS EXPENSIVE AND THERE'S POWER LOSS BETWEEN THE INFRASTRUCTURE AND THE TRANSMISSION LINE. SO, BUT THEY CAN BE LOCATED NEAR SUBSTATION, CORRECT? CORRECT, CORRECT. MR. WADE, I SEE, UM, OUR FIVE EMERGENCY MANAGERS HERE, AND I, I KNOW THEY MENTIONED HIM IN THE CONVERSATION TODAY. DOES HE HAVE ANY COMMENTS THAT HE WOULD LIKE TO SHARE? MR. FELS BOARD? UH, THANKS FOR AN OPPORTUNITY TO SPEAK. UH, I MET WITH, UH, MR. POST AND MR. FOSTER TODAY. WE HAD A GREAT CONVERSATION. I LEARNED A LOT. UM, I DID A LOT OF RESEARCH BEFORE. UM, REALLY OUR, OUR APPROACH IS NOT GONNA BE MUCH DIFFERENT THAN IT IS WITH THE SOLAR FARMS. UM, WE DON'T, WE TRY NOT TO SPRAY WATER DIRECTLY ON THE UNIT THAT, UM, IS HAVING AN ISSUE. WE MAINLY CONTAIN THE FIRE. UM, IF, IF THERE'S A FIRE, UH, IT'S USUALLY A BRUSH FIRE THAT COMES FROM THE SOLAR FARM, UH, OR SOLAR FIELD. UM, AND THAT'S WHAT WE WORK TOWARDS. NOW, THE THING IS THAT THEY, THEY ARE OFFERING THE BUFFER. UH, I DO LIKE THE IDEA OF MAYBE GOING A LITTLE BIT LARGER. UH, BUT HAVING THAT BUFFER IS A BIG DIFFERENCE BECAUSE AT A SOLAR FIELD, UH, THERE IS NO BUFFER FOR ANYTHING. AND YOU'VE GOT HUNDREDS OF THOUSANDS OF PANELS OUT THERE. UM, UH, BIG THINGS THAT WE TOUCHED ON TODAY WAS THE, UH, EMERGENCY RESPONSE PLAN. WE'RE GONNA WORK TOGETHER ON THAT BECAUSE THIS IS SOMETHING NEW TO US, EVEN THOUGH OUR APPROACH WILL BE, UH, PRETTY MUCH THE SAME AS IT WOULD, LIKE I SAID, WITH THE SOLAR FARM, UH, ALSO DISCUSSED INGRESS, EGRESS, UM, HAVING ACCESS, YOU KNOW, THROUGH A NOX BOX TYPE SYSTEM, WHICH IS SOMETHING THAT WE'VE, UM, DEPLOYED THROUGH THE EMERGENCY MANAGEMENT WITH, UH, UM, THE A ES PROJECT, CAVALIER PROJECT. UM, WE HAVE A NOX BOX SYSTEM THERE THAT WAY. ALL OF OUR FIRST RESPONDERS, UH, OUR ENGINES HAVE IMMEDIATE ACCESS THROUGH A KEY AND WE'RE THE ONLY ONES THAT HOLD THE KEY. UM, ALSO, UH, DISCUSSED, UH, BEING ABLE TO HAVE A CONTACT NUMBER ON THE UP UP, THEY'LL HAVE A PLACARD ON THE FRONT GATE. SO IF WE HAVE AN ISSUE, WE HAVE A DIRECT LINE OF CONTACT, UH, TO THAT, UH, UH, MONITORING, UM, FIRM WHO'S, WHO'S TAKING CARE OF THAT. UM, UH, ANOTHER GREAT THING WAS THE WATER SOURCE. UH, THEY'RE GONNA PUT A, UH, PROPOSE TO PUT A WATER SOURCE OUT THERE AND IT'D BE A WATER SOURCE THAT WE COULD USE AT ANY TIME. SO IF WE HAVE A, ANOTHER INCIDENT DOWN THERE THAT HAS NOTHING TO DO WITH THAT, UM, UH, BATTERY, UM, UH, STORAGE, UH, FACILITY, WE WOULD BE ABLE TO PULL FROM THAT WATER, UH, TO USE FOR OTHER TYPE OF INCIDENTS. SO I FELT COMFORTABLE. UM, AS FAR AS, UH, THE APPROACH THAT WE WOULD TAKE FROM A FIRE DEPARTMENT STANDPOINT, LIKE I SAID, IN, IN A LOT OF THESE CASES WITH THESE BATTERIES, IT'S A LET IT BURN, UM, TYPE, UH, THING. IT'S A LOT OF THINGS. IT'S BETTER TO JUST LET IT BURN OFF, ESPECIALLY WITH THE GASES. I DON'T KNOW IF WE TALKED TO IT, BUT THERE'S, IT'S THREE DIFFERENT TYPES OF GASES THAT ARE, UM, PUT OUT. UM, BIG CONCERN OF MINE WAS THE BUFFER THAT THEY'RE, THEY'RE GOING AN EXTRA 250 FEET I THINK, UH, OR OR 500. THEY'RE GOING 500 TOTAL FEET, ANY CLOSEST RESIDENCE. SO THAT WAS A CONCERN OF MINE IS, IS, UH, HOW, HOW WE GONNA, HOW DOES THIS DISSIPATE THE GASES DISSIPATE AND THINGS LIKE THAT. SO WE'RE SAFE THERE. UM, SO I, I FELT PRETTY COMFORTABLE WITH, UH, MOVING FORWARD WITH IT. SO, AND FROM AN EMERGENCY RESPONSE ASPECT, I THINK, UH, UM, THE COUNTY'S FULLY EQUIPPED THE BEER TO HANDLE, UM, ANYTHING, NOT TO PUT YOU ON THE SPOT, BUT WHILE YOU'RE THERE, ANY QUESTIONS FROM THE COMMISSIONERS? FROM MR. PHELPS? YEAH, I HAVE I READ ANYTHING? IT WAS PROBABLY ABOUT USING F 500, WHICH, YOU KNOW, CLAREMONT WE USE MM-HMM . HOW DID, HOW DOES THAT KINDA WORK WITH THE BATTERY AS FAR AS, I MEAN YEAH. I, I THINK FOR THE MOST PART IT'S, IT'S STILL THE, TO TRY AND LET IT BURN IT BECAUSE THERE'S, THOSE THINGS BURN SO HOT AND, UM, AND IT DOESN'T MATTER ABOUT OXYGEN ON SOME OF THESE. THAT'S WHAT I WAS WONDERING. YOU KNOW, RIGHT. AS WHERE THE F 500 IS, IS WE'RE TAKING AWAY THE OXYGEN FROM THE FIRE. UM, SO THERE'S, THERE'S FEW COMPONENTS THAT HAVE TO, UH, FOR THOSE THAT MAY NOT KNOW, YOU HAVE TO HAVE OXYGEN TO, IN MOST CASES YOU HAVE TO HAVE OXYGEN TO FUEL THE FIRE. IN THIS CASE, THERE'S NO OXYGEN NEEDED TO, TO FUEL THE FIRE MORE OR LESS. UM, WHEN THE BATTERY HAS AN EVENT, IT'S A CHEMISTRY REACTION THAT IS EXOTHERMIC, MEANING IT PUTS OFF ENERGY AND THAT REACTION DOESN'T HAVE OXYGEN IN THE EQUATION. ONCE THAT GETS PRODUCED, OXYGEN DOES INTERACT WITH IT, AND YOU HAVE THE COMPLIABLE MIXTURE, WHICH KEPT ON FIRE. BUT THE ACTUAL THERMAL EVENT IS WHAT ALL THAT FIRE TESTING IS FOR, TO SHOW THAT IF THAT ONE WERE [01:05:01] TO HAVE AN ISSUE, IT DOESN'T SPREAD ALL OVER. SO YOU'LL JUST HAVE SOME GAS THAT GETS GENERATED IN TYPICALLY LIKE A WHITE COLOR. RIGHT, RIGHT. AND YOU WERE TALKING ABOUT THE WATER SYSTEM, WHAT TYPE YOU WERE TALKING ABOUT LIKE A STORAGE TANK OR YEAH, THE STORAGE TANK WITH ITS OWN WELL SYSTEM, IF I REMEMBER CORRECTLY. OH, OKAY. SO WE IT'LL HAVE ITS OWN. WELL, OKAY. SO IT CAN, WELL, YEAH, THAT'S WHAT WE'RE LOOKING AT. AND THEN, AND THAT'S MAINLY WOULD BE USED TO COOL THE UM, UH, OTHER ONES. YEAH. RIGHT. THE EXPOSURE. YEAH. SO, UM, BUT THE FIRE TESTING IN THEORY ILLUSTRATES THAT THERE ARE ENOUGH APART THAT YOU WOULDN'T ACTUALLY NEED ANY FIRE DEPARTMENT INTERVENTION NOW. YEAH. IF THERE WERE OPEN CONDITION OR SOME LEAK PARAMETER VEGETATION ISSUE, THAT'S WHERE INTERVENTION IS . YEAH. WE WOULD NEVER, UM, APPROACH ONE OF THE CONTAINERS IN. RIGHT. ANY QUESTION, SO, THAT'S RIGHT. UM, SO ANYTHING ELSE I CAN HELP YOU WITH QUESTION MR. FELIX? I HAVE OTHER QUESTIONS, NOT NECESSARILY, BUT THAT WAS THE PROJECT I NEVER USED. WE'LL GET TO HIM IN JUST A MINUTE. YES, MA'AM. UM, MR. WADE, ALSO, I SEE OUR COMMISSIONER OF REVENUE HERE. IF HE HAS A FEW COMMENTS HE WOULD LIKE TO MAKE OR IF THE COMMISSION HAS ANY QUESTIONS FROM HIM, FOR HIM, EXCUSE ME, AS IT RELATES TO ANY TYPE OF TAX REVENUE. DO YOU HAVE ANY QUESTIONS? COMMISSION, I THINK THERE, I THINK THERE WERE SOME QUESTIONS THAT, THAT, THAT THE SUBCOMMITTEE DID HAVE RIGHT. FOR MR. JENKINS. I THINK MR. WADE SHARED WITH ME THAT A SUBCOMMITTEE DID MEET ABOUT THIS, AND I THINK SOME QUESTIONS CAME UP ABOUT AR AS IT RELATES TO TAX REVENUE. SO IF ANY OF THE COMMISSIONERS WERE ON THE SUBCOMMITTEE, IF YOU WANT TO ASK THAT QUESTION AT THIS TIME, PLEASE FEEL FREE TO DO SO. SURE. GOOD EVENING EVERYONE. . THANK YOU. ANY SPECIFIC QUESTION THAT Y'ALL WOULD LIKE ANSWERED? I HAD A FEW COMMENTS PREPARED, BUT I WOULD, YOU KNOW, IF THERE'S SOMETHING SPECIFIC Y'ALL WOULD LIKE TO KNOW, I'LL TRY MY BEST. AT THIS POINT. THIS IS, YOU KNOW, UNCHARTED TERRITORY, BUT AT THE SAME TIME, YOU KNOW, FAMILIAR WITH, WITH SOME OF THE OTHER, UM, TYPE OF INDUSTRIAL ACTIVITIES THAT HAVE GONE ON IN RECENT YEARS. ESPECIALLY, I THINK WE CAN GO BACK MAYBE TO CELL TOWERS AS MAYBE THE BEGINNING OF SOMETHING LIKE THIS ORIGINALLY, YOU KNOW, SO IF YOU JUST WANNA SHOW YOU. OKAY, SURE. UM, I SPOKE WITH DON THOMAS, UM, OF WINGATE APPRAISAL, WHO'S CURRENTLY CONDUCTING, UM, THEY'RE THE FIRM THAT THE COUNTY ACTUALLY CONTRACTED WITH FOR THE CURRENT REASSESSMENT. AND OUR OFFICE WORKS HAND IN HAND WITH HIM ON A NUMBER OF, NUMBER OF, UM, THE, WHEN IT COMES TO THESE PRO SORT OF PROJECTS. SO I ACTUALLY PICKED UP THE PHONE, CALLED HIM, AND HORACE WAS ACTUALLY SITTING IN THE OFFICE AT THE TIME AND WE, WE DISCUSSED A FEW THINGS WITH HIM THE OTHER DAY. UM, REGARDLESS OF THE ASSESSMENT OF THE EQUIPMENT OR THE ZONING, IF THE LAND IS BEING USED FOR INDUSTRIAL USE, THE ASSESSMENT IS GOING TO INCREASE. I MEAN, THAT'S, WE DON'T KNOW, I KNOW BATTERY STORAGE IS HARD TO SAY HOW MUCH IT WOULD BE. UM, LIKE, YOU KNOW, IT LOOKS LIKE IT'S MORE OF A CONDENSED AREA THAN WHAT THE SOLAR FACILITIES ARE. SO OBVIOUSLY THE LAND WHERE THAT'S, YOU KNOW, THAT THEY'RE SITTING, YOU KNOW, THERE'S THOSE UNITS, UM, THERE IS GONNA BE AN INCREASE IN ASSESSMENT ON, ON ON THAT. UM, THAT FIGURE YET TO BE DETERMINED, JUST TO PUT IN PERSPECTIVE WHERE, UM, FOR SOLAR CURRENTLY, UH, WE'RE AT 13,000 AN ACRE. UM, BUT IN, BUT CONSIDERING SOLAR MUCH LARGER SCALE, SO THIS IS SOMETHING THAT WOULD HAVE TO BE EVALUATED JUST LIKE IT WAS WHEN SOLAR CAME ON, YOU KNOW, ON THE, UH, YOU KNOW, SCENE SO TO SPEAK, THAT IT WAS EVALUATED WITH A DETERMINING ASSESS ASSESSED VALUE PER ACRE WOULD BE WHERE THE, YOU KNOW, IN THIS CASE, UM, SOMETHING TO CONSIDER IS WHEN SOMETHING GETS REZONED, IT AUTOMATICALLY ALMOST RE IT WILL TRIGGER A VALUE CHANGE AT TIMES, BUT THAT MIGHT NOT BE YOUR, YOUR FINAL VALUE BECAUSE YOU MIGHT NOT HAVE THE INDUSTRY LOCATED THERE. UM, CONDITIONAL USE. AT THE SAME TIME, IF SOMETHING, IF THERE'S ACTIVITY, SOMETHING GOING ON, IT'S GONNA, IT IS GOING TO TRIGGER YOU A, UM, TRIGGER A VALUE CHANGE WITHOUT EVEN, WITHOUT ANY ZONING, YOU KNOW, BEING, YOU KNOW, BEING CONSIDERED, UM, IN THAT CASE, UM, YOU KNOW, AS WELL. SO THAT'S JUST A SYNOPSIS, YOU KNOW, KIND OF, THIS IS HOW, YOU KNOW, SOLAR HAS BEEN TREATED AND I WOULD THINK BATTERY, UM, STORAGE WOULD BE TREATED IN A, IN A, YOU KNOW, IN A SIMILAR WAY WE WOULD PICK UP, UM, YOU KNOW, WITH THE HELP OF THE ASSESSOR, UM, UM, FENCING, UM, YOU KNOW, AND ANYTHING MAYBE THAT WOULDN'T BE ASSESSED, YOU KNOW, OR SUBJECT TO M AND T OR ANYTHING THAT WOULD NOT BE ASSESSED BY THE STATE CORPORATION COMMISSION. UM, THOSE ARE THINGS THAT WOULD BE PICKED UP, YOU KNOW, BY, UM, IN ADDITION TO LAND BY THE ASSESSING FIRM THAT OUR OFFICE ULTIMATELY WOULD ADMINISTER. SO, THANK YOU, SIR. ANY, ANY DIRECT QUESTIONS FROM MR. JENKINS? IF NOT, I KNOW THE CHIEF, YOU HAD SOME OTHER QUESTIONS. SO WHAT, I GUESS JONATHAN, UM, SO SUBSTATIONS, THEY ARE IN AR THEY HAVE NOT BEEN REZONED TO BE M1, IS THAT RIGHT? I DON'T KNOW. THAT'S THE QUESTION FOR THE PLANNING. FOR PLANNING. MM-HMM . UM, [01:10:01] FOR THE PLANNING DEPARTMENT. BUT SO FAR AS SUBSTATIONS, THEY'RE TYPICALLY ASSESSED BY THE STATE CORPORATION COMMISSION AND THIS WILL NOT BE ASSESSED BY THE STATE. I GUESS OVER TIME WE'LL FIGURE OUT HOW THAT WORKS, JUST LIKE WE HAVE WITH, WITH SOLAR 'CAUSE THERE ARE SOME THINGS THAT ARE ASSESSED BY THE STATE STATE CORPORATION COMMISSION AND THERE'S SOME THINGS THAT AREN'T. OKAY. ALRIGHT. THANK YOU MR. JACKSON. OKAY. ARE THERE ANY OTHER QUESTIONS FROM THE COMMISSION FOR THAT? I MEAN, DO PRESENTERS TONIGHT? I HAVE A FEW . GO RIGHT AHEAD. UH, ALL RIGHT, SO CAN WE GO BACK TO HOW, SO THIS IS AN ORDINANCE THAT WE'RE LOOKING AT, AND EACH PROJECT WILL COME IN AND, AND MAKE THEIR PROPOSAL, BUT OUR ORDINANCE SHOULD IN MY MIND SAY HOW CLOSE OR WHERE THEY'RE GONNA BE LOCATED. WE HAVE A SIMILAR TYPE THING FOR OUR SOLAR ORDINANCE ABOUT HOW CLOSE THEY WILL BE TO TRANSMISSION LINES. SO THIS ORDINANCE RIGHT NOW DOESN'T SAY HOW CLOSE A BATTERY STORAGE AREA NEEDS TO BE TO A SUBSTATION OR THESE KEY AREAS WHERE THEY HOOK IN. IS THAT CORRECT? I THINK OUR COMPREHENSIVE PLAN GIVES US A GUIDE, BUT THIS ORDINANCE, I, I KNOW I UNDERSTAND. I I DON'T MEAN, I KNOW I'VE INTERRUPTED YOU AND I APOLOGIZE. WE'RE TALKING ABOUT THIS ORDINANCE RIGHT HERE. WHAT DOES, WHAT DOES IT SAY ABOUT HOW CLOSE THEY SHOULD BE LOCATED? IT DOES NOT SPEAK ON THAT. OKAY. IT DOESN'T SPEAK ON THAT. IT DOES NOT SPEAK ON THAT, HOW CLOSE IT BECOMES. AND AS YOU HEARD FROM THE APPLICANT, THE POINT OF IT IS TO BECOME AS CLOSE TO THE TRANSMISSION LINE AS POSSIBLE. OTHERWISE YOU WOULD LOSE REVENUE POWER, WHICH IS AT AN HONESTY. BUSINESSES ARE GONNA IN THE BUSINESS TO MAKE MONEY. SO YOU KNOW THAT THAT WOULD BE THEM LOSING MONEY. BUT TO ANSWER YOUR QUESTION, WE DO NOT SPEAK TO THAT IN THIS PARTICULAR ORDINANCE SECTION. IT IS ADDRESSED WHEN THE CONATIVE PLAN ABOUT A GUIDANCE TO HAVE IT WITHIN THE ENERGY PO IN, IT'S AN ENERGY POLICY DOCUMENT IN THE CON PLAN. SO THAT'S, THAT IS HOW WE'RE STILL ADDRESSING THIS IS A ENERGY PROJECT. SO WE'RE STILL KEEPING THIS IN, IN TUNE WITH HOW WE'RE ADDRESSING ENERGY WITH, WITH SOLAR AS WELL AS BATTERY STORAGE AS WELL. SO JUST MAKING SURE THAT YOU'RE AWARE, THIS IS STILL THE COMPREHENSIVE OF PLAN THAT WE, THAT WE DID LAST YEAR AND IS STILL ADDRESSING THIS, THIS PROJECT AS WELL. SO THE POINT OF ADDRESSING THIS PARTICULAR USE OR INTRODUCING THIS PARTICULAR USE IS BECAUSE THIS IS A SPECIFIC USE THAT WE DO NOT HAVE ADDRESSED. UM, I THINK WHAT MR. FOSTER HAS SAID OTHER, SOME OTHER LOCALITIES, THEY MAY HAVE ADDRESSED IT UNDER THE UMBRELLA OF A MAJOR UTILITY, WHICH CASE THAT THERE IS A CONDITIONAL USE PERMIT FOR THAT. HOWEVER, WE BELIEVE THAT THIS PARTICULAR USE FOR BATTERY STORAGE DOES NOT FIT THE OVERALL UMBRELLA. SO WE FELT THAT FROM A STAFF STANDPOINT, WE NEEDED TO ADDRESS IT IN A PARTICULAR USE THAT NEEDED TO BE ADDRESSED WITH DIFFERENT STANDARDS. SO THAT'S, THAT'S THE REASON WHY YOU'RE SEEING THAT ORDINANCE AMENDMENT TONIGHT, IS TO INTRODUCE THAT THAT PARTICULAR USE DESCRIPTION OF BATTERY ENERGY STORAGE CENTER SYSTEM. SO I DON'T KNOW IF I'M ANSWERING ALL YOUR QUESTIONS ABOUT HOW FAR IT'S SUPPOSED TO BE FOR TRANSMISSION LINES, YOU KNOW, THAT WE, WE HAVE GUIDANCE IN OUR COMPREHENSIVE PLAN, WHAT THAT, WHAT THAT IS. UM, IF YOU FEEL AS THOUGH THAT SHOULD BE SOMETHING YOU PUT IN THE ORDINANCE, I WOULD SAY TALK WITH OTHER P COMMISSIONS AND SEE IF THEY FEEL THE SAME WAY AS YOU DID. UM, I DO FEEL AS THOUGH THAT A LOT OF THE GUIDANCE THAT HAS BEEN PUT IN THIS DOCUMENT WAS REFLECTIVE OF SOME OF THE OTHER, OTHER LOCALITIES ORDINANCES AS WELL AS THE FORMAT OF WHAT THE P COMMISSION PUT BEFORE YOU IN THE FORM OF A SOLAR ORDINANCE. SO YOU CAN MAYBE SEE THE FORMAT LOOKS SOMEWHAT SIMILAR JUST BECAUSE THE APPLICANTS HAVE LOOKED AT WHAT WE, WHAT THE PLEA COMMISSION DID BEFORE AND SAID THIS IS WHAT YOU, WE FELT AS THOUGH THE P COMMISSION FELT WAS IMPORTANT TO INCLUDE IN A TYPE OF USE THAT WAS APPROVED BY CONDITION USE PERMIT. SO THIS IS WHAT THE STAFF AND APPLICANT WORKING TOGETHER TO SEE. THIS IS WHAT WE SEE THE PATION MAY TO SEE SO THAT THEY CAN, UH, MAKE A RECOMMENDATION TO THE BOARD SUPERVISORS FOR THE BOARD TO MAKE A, THAT DECISION. WELL, I GUESS WHAT MY CONCERN IS, IS THAT IT CAN BE PRETTY FAR AWAY FROM WHERE IT NEEDS TO HOOK IN, WHICH MEANS THEN IT HAS TO PUT IN LINES RIGHT IN ORDER FOR IT TO GET, WE, WE'VE SEEN THIS WITH THE CAVALIER AND WE'RE GONNA SEE IT, UH, IF THE SYCAMORE CROSS GETS THAT, THERE'S A, A TREMENDOUS AMOUNT OF LINES THAT ARE PUT IN [01:15:01] TO HOOK IN. AND SO THE FURTHER THEY GET AWAY FROM THEIR, THEY'RE HOOK HOOKING SPOT, I DON'T KNOW THAT WE'VE ADDRESSED THAT ENOUGH IN OUR, OUR COMP PLAN AND IN OUR ORDINANCES. SO THAT'S WHY I'M ASKING ABOUT IT. I THINK WE SHOULD THINK ABOUT THAT. UH, AND SO THEN MY NEXT QUESTION IS ABOUT NOISE. UH, THE CHOICE OF 72, UH, DECIBELS, UM, THE DBA FOR THAT, HOW WAS THAT ARRIVED AT? 'CAUSE THAT'S PRETTY LOUD THAT AGAIN, THIS IS THE APPLICANT PRODUCE, UH, ORDINANCE. SO THAT MIGHT BE A QUESTION YOU MAY WANT TO ASK THE APPLICANT ABOUT 72 DBA SPECIFICALLY. SO I CAN, I CAN, WE CAN SAVE THAT QUESTION FOR THEM. BUT I WANT, I DO WANT TO GO THROUGH ALL YOUR, YOUR QUESTIONS THAT YOU DO HAVE, UM, FOR, FOR ME TO KIND OF KIND OF ADDRESS. BUT WE CAN, WE CAN, WE CAN PUT THAT ON, PUT THAT ON THE SHELF FOR RIGHT NOW FOR THEM TO ADDRESS IF YOU LIKE. OKAY. UM, LET'S SEE THERE. SO FOR QUESTIONS FOR YOU THEN, UH, MAYBE MOST OF MINE ARE BACK TO THE, UM, THAT THE APPLICANT'S DEVELOPMENT, IT'S SO DIFFERENT FOR THIS, UH, ORDINANCE TO COME TO US FROM AN APPLICANT. SO I USUALLY I ASK YOU THESE QUESTIONS SO YOU DON'T SURE, SURE, SURE. SO WE, WE, WE, IF YOU WANT ASK THE APPLICANT TO COME AND ANSWER MY QUESTIONS, THAT'D BE GREAT. IS, IS THAT ALL THE QUESTIONS YOU HAVE FOR ME? I, AS FAR AS I KNOW, I DON'T KNOW WHO THEY REALLY GO TO. IT WAS EITHER YOU OR THE APPLICANT. OKAY. OKAY. , COME BACK PLEASE. SURE. MR. SHE, I'LL COME BACK, I'LL GO BACK TO NOISE. SO OF COURSE WE HAVE A PROJECT IN MIND HERE, BUT WE LOOKED AT THIS ORDINANCE HOLISTICALLY AND THOUGHT ABOUT THE SETBACKS WE WERE PROPOSING AND THE, THE CLIENT'S ENGINEER SAYS THEY COULD SAFELY COMPLY WITH 72 DBA. UM, THAT DOESN'T MEAN THAT NUMBER CAN'T BE LOWER AND WE MIGHT STILL BE ABLE TO COMPLY, BUT THAT'S SOMETHING WE KNOW, WE CAN KNOW, WE CAN COMPLY WITH. UM, SOME OF THESE PROJECTS END UP CONSTRUCTING SOUND WALLS IN ORDER TO COMPLY WITH THE ORDINANCE. SO WHICHEVER NUMBER WE, WE ARRIVE AT WITH THE, WITH THE DBA LIMIT, UM, THERE'S A PROVISION IN NINE TWO THAT WE SUBMIT A NOISE ANALYSIS, NOISE STUDY DONE BY AN ACOUSTIC ENGINEER THAT DEMONSTRATES THAT WITH THE SELECTIVE TECHNOLOGY WE CAN COMPLY WITH THE APPLICABLE NOISE NOISE LIMIT. THAT'S PART OF FINAL SITE PLAN APPROVAL. IT'S A CHECKOFF JUST LIKE ALL OUR, ALL OUR OTHER PERMITS. SO, YOU KNOW, I DON'T PROFESS TO BE A SOUND ENGINEER BY ANY MEANS, BUT I HAVE RELIED ON OUR IN-HOUSE EXPERTS TO SAY 72 IS SOMETHING WE KNOW, WE KNOW WE CAN DO SO. RIGHT. BUT 72 IS CONSIDERED PRETTY LOUD. SO, UM, THAT KIND OF MAKES ME WONDER LIKE HOW LONG IS THIS NOISE? IS IT LIKE EVERY NOW AND THEN, OR DOES IT RUN 24 7? THEY, DEREK MAY BE ABLE TO SPEAK TO THIS BETTER THAN I, BUT THEY, THEY DON'T RUN 24 HOURS A DAY. THEY CAN, THEY PHYSICALLY CANNOT RUN 24 HOURS A DAY. UH, THEY RUN THAT, THAT THAT COOLING TECHNOLOGY IS GONNA RUN WHEN IT'S ON. SO IT'S RUNNING WHEN IT'S, IT'S IT'S DISCHARGING. IT MAY, DOES IT ALSO RUN WHEN THEY'RE CHARGING? YEAH, THE, THE THERMAL MANAGEMENT SYSTEM AND THE HVAC SYSTEM IS RUN PRETTY ROUTINELY. THE ACTUAL LOUDEST THING AT THE FACILITY IS THE INVERTER, WHICH IS NOT INSIDE OF THE BATTERY ENERGY STORAGE CONTAINER. IT'S ON A SKID ADJACENT TO, AND IT'S CONNECTED TO A SMALL STEP UP TRANSFORMER, LIKE THE GREEN BOXES YOU'LL SEE OR POLE TRANSFORMERS STYLE. THAT'S THE ACTUAL LOUDEST THING. AND FOR COMPARISON, A 75 DECIBEL IS TO THE NOISE LEVEL OF A VACUUM CLEANER. SO IT'D BE QUIETER THAN A VACUUM CLEANER. CLEANER. SO THE INVERTERS, DO THEY HAVE THOSE IN THE SOLAR? THEY DO, THEY CALL THEM NV SKIDS. THEY'LL HAVE A SKID THAT HAS AN INVERTER AND A TRANSFORMER RIGHT NEXT TO EACH OTHER. IT'S THE SAME CONCEPT AS WE NEED TO CONVERT THE POWER FROM DC IN THE BACK. THAT'S WHAT I THOUGHT TO AC FOR THE GROUP. SO WE ARE HAVING A LOT OF COMPLAINTS FROM THE NEIGHBORS ABOUT THE NOISE. A CONSTANT NOISE. RIGHT. AND IF YOU TALK ABOUT A, A VACUUM CLEANER RUNNING ALL THE TIME, THAT'S LOUD. UNDERSTOOD. UNDERSTOOD. SO 72 IS JUST TOO LOUD. SOME, I I THINK THAT THE ORDINANCE SHOULD BRING IT DOWN AND THEN, AND THEN THE APPLICANTS CAN PROPOSE WAYS TO DAMPEN THE NOISE DOWN TO MEET AT 72. IT'S TOO HIGH. ALRIGHT. UM, OKAY. SO HOW MANY, UM, OF THE, YOU HAD THE FOUR DIFFERENT THINGS. WHAT WERE [01:20:01] THE LAST THING WITH ALL THE BATTERIES IN IT, HOW MANY OF THOSE GO ON AN ACRE? UM, SO FOR, IT DEPENDS ON THE BATTERY TECHNOLOGY THAT IS SELECTED, RIGHT? TESLA MAKES ONE STYLE CONTAINER. WORKZILLA MAKES ANOTHER STYLE CONTAINER POWER MAKES A DIFFERENT CONTAINER. SO THE SPECIFIC NUMBER IS HARD TO ADDRESS 'CAUSE THE ACTUAL PRODUCT HASN'T BEEN SELECTED. MM-HMM . BUT IN A GENERALIZATION STANCE, IF WE USE TESLA AS A, UH, EXAMPLE, IN ORDER TO HAVE A 200 MEGAWATT FACILITY, YOU HAVE ON THE ORDER OF A HUNDRED CONTAINERS IN ABOUT 30 ACRES. SORRY, A HUNDRED CONTAINERS, ABOUT 30 ACRES, SOMETHING LIKE THAT. OH, OKAY. AND OBVIOUSLY IT DEPENDS ON WHICH BATTERY CONTAINER IS SELECTED AND THEN HOW MANY OF THESE INVERTERS WOULD BE ON THERE. TYPICALLY THERE'S ONE FOR EITHER FOUR OR SIX BATTERY CONTAINERS. YEAH. SO TO GO BACK IF I, YEAH, THIS IS A GOOD PHOTO. YEAH. SO YOU CAN SEE, I THINK THIS IS EVEN A TESLA FACILITY, BUT THE LONG CONEX BOXES ARE THE BATTERIES AND THEN IT LOOKS LIKE THERE MIGHT BE ONE POWER CONVERSION SKID FOR A PAIR OF TWO. YEAH. SO IT DEPENDS ON THE RIGHT DEPENDS, I I KNOW THAT'S A BAD ANSWER, BUT IT GENUINELY DOES DEPEND ON WHAT BATTERY IS SELECTED. RIGHT. MANUFACTURER AND DIFFERENT THAN A SOLAR FACILITY. 'CAUSE THESE PROJECTS ARE SMALL. IF A SOUND WALL IS NECESSARY, THAT WOULD BE CONSTRUCTED ON THE OUTSIDE OF THE FACILITY. SO THE WOULD BE WITHIN THAT. RIGHT. UM, I THINK THE WAY WE'VE DESIGNED THIS ORDINANCE IS, SO PARTICULARLY NINE ROMAN TWO IS THAT ONCE WE DECIDE WHAT THE APPROPRIATE NUMBER IS IN THE ORDINANCE FOR DBA, THAT SOUND STUDY AT THE END WILL DEMONSTRATE WHETHER OR NOT WE CAN OR CAN'T COMPLY WITHOUT A SOUND WALL. AND THEN THAT SOUND WALL CAN BE ADDED FINAL SITE PLAN APPROVAL ON AN AS NECESSARY BASIS. WE WANNA BRING DOWN THAT SOUND, UH, TARGET . RIGHT. HOW ABOUT THAT? UM, OKAY. SO WHAT TYPE OF VEHICLES DOES, DO THESE UNITS COME IN ON? THEY'LL COME IN ON UH, LIKE AN 18 WHEELER SEMI TRUCK, AN 18 WHEEL, BECAUSE I MEAN, YOU, YOU ALL SEE CONEX BOXES GOING UP AND DOWN THE INTERSTATE ALL THE TIME. MM-HMM . SAME CONCEPT. AND, AND THE TYPICAL LIFESPAN OF ONE OF THESE, THAT'S A DEREK QUESTION. IT DEPENDS ON THE TECHNOLOGY, BUT GENERALLY WE'RE IN THE 20 YEAR BALLPARK. SO COULD BE 20, COULD BE 25 OR EVEN 30 DEPENDING. AND WITHIN THE UNITS YOU HAVE THE AVAIL AVAILABILITY TO SWAP OUT INDIVIDUAL COMPONENTS IF ONE STARTS UNDERPERFORMING. YEAH. SO IF THE BATTERY MANAGEMENT SYSTEM SEES ONE OF THE CELLS IN ONE OF THOSE MODULES START TO ACT IN AN INAPPROPRIATE FASHION, THEY CAN JUST PULL OUT ONE, PUT IT ONTO A SHIPPING, UH, PALLET AND REPLACE IT WITH A NEW AND SEND THAT ONE FOR RECYCLING. OKAY. IS THAT HOW THE, UM, BURNED ONES LEAVE? UM, THERE WOULD BE A DECOMMISSIONING PLAN FOR THAT AVENUE, YES. OKAY. I WAS JUST CURIOUS HOW THAT WORKS. YEAH, NO, THAT'S FAIR. UM, ALL, THAT'S ALL MY QUESTIONS. THANK YOU VERY MUCH. YEAH, OF COURSE. OH WAIT, WAIT A MINUTE. WAIT A MINUTE. ONE MORE. OH, SURE. MAINTENANCE OF THE PROPERTY. HOW'S, I DON'T SEE ANYTHING ABOUT THE MAINTENANCE OF THE, HOW FREQUENTLY IT HAPPENS, YOU KNOW, TALKING ABOUT THE SYSTEMS THEMSELVES, WE OH, THE ANCE LANDSCAPING, YOU KNOW, THAT'S, WE CONTROL, I THINK WE'RE, I THINK WE'RE SILENT ON THAT, BUT THAT'S CERTAINLY SOMETHING WE COULD PUT IN A CONDITION. UM, AND THAT RELATES BACK TO THAT, UH, BONDING REQUIREMENTS IN, UH, NINE F OR 10 F. SO NOW MAYBE MY QUESTION IS FOR MR. WADE, THIS, UM, SO THIS IS, THIS IS A PROPOSAL FROM THE APPLICANT, WHICH HELPS THE COUNTY COME UP WITH THE ORDINANCE. YES. SO NOW AT SOME POINT THE COUNTY TAKES OWNERSHIP OF THIS ORDINANCE AND MAYBE CORRECT. WE HAVE SOME CHANGES. WE TALKED ABOUT, UH, MR. COGAN TALKED ABOUT SOME DISTANCING. I'M TALKING ABOUT NOISE. SO COULD WE, IS THIS WHERE WE COULD TAKE OVER OUR ORDINANCE NOW AND PUT IT INTO THE SUBCOMMITTEE DISCUSSION TO TWEAK? I THINK THIS IS THE OPPORTUNITY TO, TO DO THAT, TO WORK WITH THE APPLICANTS, TO, TO TAKE THAT AND WORK ON THE SUBCOMMITTEE TO SAY, THESE ARE SOME OF THE CHANGES WE RECOMMEND BEFORE MAKING AN APPROVAL TO THE BOARD, MAKING A RECOMMENDATION TO THE BOARD. SO THAT I THINK THAT THIS OPPORTUNITY PROBABLY GIVE A TIME TO MAYBE MAKE IT, MAKE THAT RECOMMENDATION TO DO THAT TO, FOR THE SUBCOMMITTEE TO MAKE SOME RECOMMENDED CHANGES TO BRING BACK TO THE PLANNING COMMISSION FOR THE, FOR THE REMAINDER PLANNING COMMISSION TO CONSIDER. IS THAT, IS THAT WHAT YOU'RE ASKING? [01:25:01] WELL, IT SEEMS, I MEAN, 'CAUSE WHAT THIS IS HOW WE NORMALLY DO OUR ORDINANCE IS WE HAVE THAT OPPORTUNITY, THIS, THIS, THIS TRUE TO TWEAK IT AND DISCUSS IT AS A SUBCOMMITTEE AND THEN IT BECOMES BACK TO THE FULL COMMISSION. SO I'M JUST KIND OF WONDERING, IS THAT HOW THIS PROCESS IS GONNA GO GIVEN THAT WE GOT IT D AND BEFORE WE MAKE THAT RECOMMENDATION, THIS IS A PUBLIC HEARING, SO WE HAVE TO, THIS IS A PUBLIC HEARING, SO WE DON'T MAKE ANY, SO THAT'S A GREAT IDEA. BUT WE NEED TO GET THROUGH THIS PROCESS AND MAKE SURE WE HAVE THE PUBLIC HEARING FIRST. THEN WE CAN COME BACK TO THAT. OKAY, THANK YOU. THAT'S WHAT, OKAY. I THINK MS. PERKINS WAS SAYING WE HAVE, WE HAVE OPENED THE PUBLIC HEARING UP YET, SO, BUT YEAH, THAT WE, WE COULD COVERED THAT ACROSS THAT. APOLOGIES, MR. VICE CHAIR, JUST BECAUSE WE'RE ON THE TOPIC OF THE PUBLIC HEARING. THIS WAS ADVERTISED FOR A PUBLIC HEARING. IF THE CHANGES THAT THE PLANNING COMMISSION ARE RECOMMENDING BE MADE AFTER WE CLOSE THE PUBLIC HEARING ARE SO SUBSTANTIVE THAT IT WOULD REQUIRE RE-ADVERTISING OF THE PUBLIC HEARING, UM, THAT IS SOMETHING THAT WE WOULD HAVE TO DO. AND THAT WOULD BE A LEGAL ANALYSIS THAT I WOULD CONDUCT BASED UPON THE, THE RECOMMENDED CHANGES OR ANY FUTURE DISCUSSIONS. SO EVEN IF WE CLOSE THE PUBLIC HEARING TODAY, IF WE HAVE A SUBCOMMITTEE MEETING AND, UH, SUBSTANTIVE AMENDMENTS ARE RECOMMENDED, THEN WE WOULD JUST HAVE TO KIND OF START THE PROCESS BACK UP AND HAVE ANOTHER PUBLIC HEARING. BUT I JUST WANTED TO, TO MAKE SURE EVERYONE WAS CLEAR ON THAT. THANK YOU. SO WHEN IS THE BEST TIME TO MAKE THOSE RECOMMENDATIONS? BEFORE THE PUBLIC HEARING OR AFTER? I MEAN, IF THEY'RE A LITTLE MINOR, YOU KNOW, WE'RE NOT REWRITING, BUT IF WE HAVE MINOR THINGS IS THE BEST TIME TO BRING IT UP NOW BEFORE THE PUBLIC HEARING OR, SO WHAT I, WHAT I ENVISION IS THAT, UH, MS. CHEEK AND MR. WADE HAVE SAID THAT WE WOULD GO BACK TO SUBCOMMITTEE. SO THEY, WE WILL OPEN UP THE PUBLIC HEARING, I'LL OPEN THAT UP IN JUST A MINUTE. IF THE COMMISSIONERS DON'T HAVE ANY MORE QUESTIONS. UM, WE TAKE THE INFORMATION FROM THE PUBLIC AND THEN WE CAN MAKE A RECOMMENDATION TO GO TO, TO A SUBCOMMITTEE MEETING, UM, THAT CAN BE ADVERTISED. THAT SUBCOMMITTEE CAN BE, AND THEN THE SUBCOMMITTEE CAN BRING THEIR FINDINGS BACK TO THE FULL PLANNING COMMISSION ONCE THEY FINISH, PROBABLY NEXT MONTH. BUT AFTER THE, I MEAN, SO IF I'VE GOT A COUPLE RECOMMENDATIONS, I CAN BRING 'EM UP AT THE END OF THE MEETING. THAT WAY THEY'LL GO TO THE SUBCOMMITTEE. YES. MY, MY SUGGESTION WOULD BE AFTER, AFTER THE PUBLIC HEARING, JUST THOSE UP AS, AS COMMENTS FROM THE COMMISSIONERS. RIGHT. PERFECT. ALRIGHT. THEY DID. ARE THERE ANY OTHER MAJOR QUESTIONS FROM THE COMMISSIONERS AT THIS TIME? I JUST HAVE ONE, WHAT I KNOW I'VE READ THROUGH, BUT KIND OF WHAT IS THE AVERAGE SIZE ACREAGE WISE OF A PROJECT THAT WOULD, I THINK YOU SAID 2050, SOMEWHERE IN THERE. I'M SAYING IT 25 TO 50. YEAH, IT ALL, IT ALL DEPENDS ON THE, THE MEGAWATTS OF THE PROJECT. THERE'S A COUPLE PROJECTS IN VIRGINIA THAT ARE ONLY TWO MEGAWATTS, BUT THESE OTHERS, UH, LIKE THIS IS AN EXAMPLE RIGHT HERE. THIS ONE IN MIDDLESEX, I BELIEVE IS 80 MEGAWATTS. UH, IT TAKES UP 18 ACRES. SO IT, IT, THEY'RE, THEY ARE, YOU KNOW, JUST VARIES BASED ON THE CAPACITY OF THE PROJECT. RIGHT. MY LAST QUESTION FOR YOU BEFORE YOU LEAVE. YES SIR. UM, I DON'T KNOW IF WE ADDRESSED THIS OR NOT. IF YOU PUT ONE THAT'S IN, SIR, AND IT TAKES 12 MEGAWATTS AND FOR SOME REASON A YEAR OR TWO, FIVE YEARS DOWN THE ROAD, WE GET AN INDUSTRY HERE THAT IS GONNA NEED THAT PROCEDURE TO BE ABLE TO PROVIDE MORE. IS THERE, WHAT IS THE PROCESS OF GOING FROM WHAT YOU ALREADY HAVE? CAN YOU COME BACK TO THE PLANNING COMMISSION TO MAKE AN ADDITION? YEAH, SO LET'S SAY THAT, LET'S SAY THAT WE GET APPROVED FOR 50 MEGAWATTS THIS YEAR OR IN 2025. AND AT SOME POINT IN THE FUTURE, WE HAD THE ABILITY TO UPSIZE TO A HUNDRED MEGAWATTS. IF WE WERE TO HAVE TO ALTER THE FOOTPRINT OF THE PROJECT TO ADD MORE BATTERIES, ADD MORE SPACE, IT WOULD BE AN EXPANSIVE EXPANSION OF THAT USE PERMIT. AND WE'D HAVE TO RUN RIGHT BACK THROUGH THIS EXACT SAME PROCESS. UH, THERE ARE CIRCUMSTANCES WHERE IF YOU'RE OPERATE, AND THIS IS, THIS IS GETTING IN THE WEEDS, BUT IF YOU'RE OPERATING IN THE SAME FOOTPRINT AND THE INTENSITY OF THE USE IS NOT CHANGING, BUT THE ASSOCIATED MEGAWATTS CAPACITY, THE FACILITY DOES, THERE'S A, THERE'S A SLIGHT CIRCUMSTANCE WHERE YOU WOULD NOT HAVE TO COME BACK. BUT IF YOU'RE, IF YOU'RE OPERATING, IF YOU'RE MODIFYING THE FOOTPRINT, YOU'RE GUARANTEED TO HAVE TO COME BACK. MR. VICE CHAIR? YES, MA'AM. JUST, UM, FOR, FOR THE BENEFIT OF THE PUBLIC AND ALSO FOR THE BENEFIT OF THE RECORD, I JUST WANTED TO CLARIFY SOMETHING. AND, AND [01:30:01] ALSO FOR, UH, PLANNING COMMISSIONERS WHO ARE NOT ON THE ZONING SUBCOMMITTEE, THIS ORDINANCE DRAFT OF THIS ORDINANCE WAS BROUGHT FORTH TO THE ZONING SUBCOMMITTEE AT, UM, THE, THE MEETING WAS ON NOVEMBER 25TH PRIOR TO YOUR LAST PLANNING COMMISSION MEETING. SO MS. CHEEK IS ABSOLUTELY CORRECT THAT THIS PROCESS IS A LITTLE BIT DIFFERENT THAN WE'VE SEEN. UH, IT IS PERMITTED BY VIRGINIA LAW THAT AN APPLICANT PUT FORTH AN ORDINANCE AND THAT IS AN, A LEGALLY ACCEPTABLE WAY TO, UM, HAVE A JURISDICTION CONSIDER AN ORDINANCE AMENDMENT. UM, BUT I DON'T WANT ANYONE IN THIS ROOM TONIGHT, UM, TO HAVE THE IMPRESSION THAT THIS IS THE FIRST TIME THAT ANYONE ON THE PLANNING COMMISSION IS LOOKING AT THIS ORDINANCE. UM, CERTAINLY GOING BACK AND HAVING MORE DISCUSSIONS ABSOLUTELY LEGALLY ACCEPTABLE. I TALKED EARLIER ABOUT THE REQUIREMENTS TO HAVE A SECOND PUBLIC HEARING, UM, IF THE CHANGES ARE SUBSTANTIVE ENOUGH, BUT I JUST WANTED TO CLARIFY THAT SO THAT NO ONE THINKS THIS IS SOMETHING THAT'S, THAT'S COMING 100% OUT OF LEFT FIELD. THANK YOU. THANK YOU. IF IT'S OKAY WITH THE COMMISSION, UH, AT THIS TIME, I WOULD LIKE TO OPEN THE PUBLIC HEARING FOR PUBLIC COMMENT AS IT RELATES TO THIS MATTER. ANYONE FROM THE PUBLIC MORNING TO SPEAK, YOU CAN COME TO THE PODIUM AT THIS TIME. STATE YOUR NAME AND ADDRESS. YOU HAVE THREE MINUTES. ALRIGHT. HEARING OH ONE, I'LL CLOSE THE PUBLIC HEARING. ARE THERE ANY MORE COMMENTS OR QUESTIONS FROM THE COMMISSIONERS AS IT RELATES TO, UH, THIS NEW PROPOSED ORDINANCE? I HAVE A COUPLE AHEAD. SO THE FIRST ONE ON THE 0.3, LET'S SEE, UM, SIX OR THE, I GUESS ON THE TECHNICAL REVIEW AND THE FEES AND SO FORTH, I THINK OUR COUNTY IS, IS NOT PREPARED AND WE DON'T HAVE THE QUALIFIED PERSONNEL TO MONITOR A PROJECT LIKE THIS. SO I THINK WE OUGHT TO INCLUDE A CONSULTANT TO MONITOR THE PROGRESS OF THE PROJECT. AND I FEEL LIKE WE EVEN NEED TO HIRE SOMEONE LIKE, YOU KNOW, A FIRM THAT'S QUALIFIED TO COME AND INSPECT IT EVERY FOUR OR FIVE YEARS, YOU KNOW, RATHER THAN LET THE FOX KEEP THE, YOU KNOW WHAT I'M SAYING? WE JUST NEED, WE NEED SOME, WE DON'T, WE'RE NOT QUALIFIED. I MEAN, MR. WADE, I DON'T THINK YOU CAN GO OUT THERE AND LOOK AT IT AND SAY, OH YEAH, THIS IS SAFE. YOU KNOW? AND I KNOW OUR, I FEEL CONFIDENT THAT OUR INSPECTION DEPARTMENT, YOU KNOW, WE, I FEEL LIKE WE NEED TO HAVE SOME, A CONSULTANT OF SOME KIND TO BE ABLE TO NOT JUST AFTER NOT JUST CONSTRUCTION, BUT MAYBE EVERY FOUR OR FIVE YEARS JUST TO COME, YOU KNOW, LIKE DON'T, WE USUALLY HAVE STAFF GO OUT AND CHECK CONDITIONAL USE PERMITS AND SO FORTH. YEAH. SO THIS, THIS MAY BE, 'CAUSE KEEP IN MIND, THIS IS THE ORDINANCE, SO THIS IS THE MINIMUM REQUIREMENTS. SO I DO WANT YOU TO KEEP THAT IN MIND TOO. WHEN YOU'RE LOOKING AT CUP, KEEP THOSE THINGS, THOSE SAME THOUGHTS IN MIND BY THE CEP, THESE ARE, THESE ARE THE MINIMUM REQUIREMENTS. MAYBE MAYBE TWEAKING THAT TO, UH, TO MAKE A, MAYBE A SENTENCE OR SOMETHING STRUCTURE THAT SAYS, UM, TO BE REVIEWED EVERY A QUALIFIED AT, AT THE APPLICANT'S EXPENSE, YOU KNOW, FOR SOME, SOMETHING LIKE THAT. BUT, BUT ALSO KEEPING IN MIND THAT MAY BE SOME ADDITIONAL POINTS YOU MAY WANT TO ADDRESS IN THE CUP TO SPECIFICALLY ADDRESS THAT PARTICULAR SITE. SO THAT'S, I DO WANT YOU TO MAKE CONSIDERATION OF THAT. NO, WE DO NOT. WE, WE DO NOT HAVE QUALIFIED STAFF TO, TO MONITOR A BATTERY ENERGY STORAGE SYSTEM. WE DO HAVE STAFF TO MAKE SURE THE CONDITIONS THAT ARE IN PLACE ARE ADHERED TO ADHERE TO. BUT AS FAR AS MAKING SURE, UM, YOU KNOW, THERE ARE CERTAIN LEVELS OF THAT. THERE'S OPERATING, LIKE IT'S SUPPOSED TO BE OPERATING. WE DON'T HAVE, WE DON'T HAVE QUALIFIED STAFF TO LOOK AT THAT IF THAT THAT'S WHAT YOU'RE ASKING ABOUT. YEAH, WELL, I, AGAIN, I, YOU, WE ALWAYS WANNA THROW, I RATHER THAN GO TO THE CUP, WE PUT IT IN HERE RIGHT OFF THE GET GO. THEY KNOW, OKAY, NO PROBLEM. WE'RE GONNA COME IN, WE'RE GONNA GIVE YOU A STUDY, WE'LL HAVE THE TECHNICAL REVIEW AND YOU KNOW, WE'LL HAVE A CONSULTANT COME OUT. IT'S NOT GONNA TAKE 'EM LONG AND PUT IT TOGETHER, COME OUT AND MONITOR THE PROGRESS AND GIVE US A REPORT AT THE END. AND PART OF THAT, I KNOW WE DO FIRE ALARM SYSTEMS, YOU KNOW, WE'RE REQUIRED TO DO A, A ONE YEAR WARRANTY OR SOMETHING, BUT DO SOMETHING WHERE THEY WOULD, PART OF THE AGREEMENT WOULD BE EVERY FIVE YEARS FOR 20 YEARS. YOU KNOW, LIKE WE DO ELEVATOR INSPECTIONS. WE, WE CAN, WE CAN, WE CAN WORK ON THAT LANGUAGE TO ADD TO. I MEAN, I THINK THAT'S A PRETTY EASY ONE. IT'S, IF YOU KNOW WHAT IT IS UP FRONT, BOOM, IT'S, YOU KNOW, FIGURE IT IN YOUR FEES AND GO WITH IT. UM, THE OTHER THING IS, I DON'T THINK WE SHOULD LEAVE, I DON'T THINK WE SHOULD LEAVE THE DOOR OPEN OF NOT REVENUE SHARING. I MEAN, WE GOT MEGAWATTS COMING IN AND THEY'RE MAKING MONEY ON HIGHS AND LOWS. COUNTY OUGHT TO GET A LITTLE CUT OFF OF IT OTHER THAN THE [01:35:01] YEAH, COME ON IN HERE AND DROP THIS THING. WE NEED TO GET A LITTLE CUT OFF OF THE SOME REVENUE. SH IF I UNDERSTOOD CORRECTLY, WE HAVE THE RIGHT MS. PERKINS TO ASK FOR REVENUE SHARING. MS, MR. MR. VICE CHAIR. WE HAVE THE AUTHORITY UNDER VIRGINIA CODE TO, UM, PASS A REVENUE SHARING ORDINANCE. UM, AS WE DISCUSSED WHEN WE WERE DISCUSSING THE PROJECT, UM, FROM EARLIER THIS EVENING BECAUSE OF SOME OF THE LOGISTICS, AND MR. FOSTER REFERENCED THIS EARLIER BECAUSE OF SOME OF THE LOGISTICS OF SURY COUNTY AND HAVING THAT NUCLEAR POWER PLANT, THE, THE POTENTIAL BENEFIT THAT SURY COUNTY WOULD RECEIVE FROM A REVENUE SHARING ORDINANCE IS NOT COMPARABLE TO WHAT ANOTHER LOCALITY THAT DIDN'T HAVE A NUCLEAR POWER PLANT WOULD BE WHAT THOSE SPECIFICS ARE. I, I AM SORRY. I'M NOT EDUCATED ENOUGH TO SPEAK TO THEM. UM, BUT IT IS SOMETHING THAT WE HAVE THE AUTHORITY UNDER VIRGINIA CODE, UH, TO DO THAT THAT IS SOMETHING WE COULD DO IF WE WOULD'VE TO, TO DRAFT OUR OWN REVENUE HEARING. CORRECT? CORRECT. AND THAT WOULD NOT BE SOMETHING THAT WOULD GO TO THE PLANNING COMMISSION. WE STILL GET OUR MACHINERY TAX THOUGH, RIGHT? A ABSOLUTELY, AND AS MR. FOSTER REFERENCED EARLIER, THIS PROJECT DOES FALL UNDER THE TYPES OF PROJECTS THAT, UM, ALLOW FOR A CITING AGREEMENT. SO, UM, YOU KNOW, WE JUST WENT THROUGH THAT EXERCISE RECENTLY. WE WOULD GO THROUGH THAT EXERCISE AGAIN WITHIN THE CONTEXT OF AN APPLICATION THAT WAS RECEIVED. AGAIN, THAT, THAT, THAT IS KIND OF THINKING TOWARDS THE FUTURE. BECAUSE WITHOUT AN ORDINANCE THAT ALLOWS, UM, BEST WE, WE CAN'T EVEN ACCEPT AN APPLICATION. I, I FORGOT ABOUT THAT. YEP. I I REMEMBER HE WAS VERY CLEAR. I MEAN, YOU DID A REAL GOOD JOB ON THE, BUT NOW ARE THERE, LIKE THE SOLAR FARMS, THEY GET 80% FROM THE FEDERAL GOVERNMENT. THEY, WE DON'T GET 80% OF IT ON THESE. ARE THESE PROTECTED UNDER THAT SAME? I'M NOT A HUNDRED PERCENT SURE. SO, SO BATTERY ENERGY SYSTEMS 150 MEGAWATTS AND LESS ARE CALLED CERTIFIED POLLUTION CONTROLLED EQUIPMENT, WHICH IS THE EXACT EXEMPTION THAT APPLIES TO SOLAR. SO BASED ON THE INTERCONNECTION APPLICATION DATE OF A GIVEN PROJECT, IT'S EITHER AN 80% EXEMPTION OR AN 80, 70, 60 STEP DOWN. AND I BELIEVE THIS INTERCONNECTION IS YOUNG ENOUGH, THEY'RE UNDER THE 87 60, MEANING FOR THE FIRST FIVE YEARS OF OPERATION, YOU PAY 20% OF YOUR TAXES SECOND FIVE YEARS, 25, AND THEN FIVE YEARS. AND THEN ON IT'S, YOU PAY 30% OF YOUR, YOUR OBLIGATION. SO I MEAN THAT, THAT'S SAME EXEMPTION APPLIES. AND TO BE CLEAR, THE REVENUE SHARE ORDINANCE IS APPLIED NOT PER MEGAWATT PRODUCED OR PUMPED INTO THE GRID BY THE PROJECT. IT'S PER NAMEPLATE CAPACITY OF THE PROJECT. SO NAMEPLATE CAPACITY IS THE MAXIMUM AMOUNT OF POWER THAT THE PROJECT CAN INTERJECT INTO THE GRID AT ONE TIME. GOTCHA. SO IT'S LIKE SYCAMORE CROSS WHOLE PROJECT IS 240 MEGAWATTS. RIGHT. SO THAT'S THE MAXIMUM AMOUNT I CAN PRODUCE AT ANY ONE GIVEN TIME. THAT'S OKAY. AND MY LAST LITTLE, I I FEEL LIKE IT'S A LITTLE THING, UM, IN THE FENCING, YOU KNOW, THEY'RE GONNA PUT THE BUFFER AND THAT THAT'S REALLY GOOD AND ALL. BUT IT SEEMS LIKE WE COULD KILL TWO BIRDS WITH ONE STONE IF WE DID LIKE THIS SHEET AND, AND GO AHEAD AND HAVE A, SOME OTHER SUBSTANTIAL BUFFER AROUND IT, THEN IT WOULD KEEP MR. PHELPS FROM TRYING TO SPRAY WATER. YOU KNOW, THEY WOULDN'T HAVE TO ALL, THEY HAVE TO WORRY ABOUT WHAT COMES OUTSIDE THE FENCE. SO EITHER I WOULD SAY EITHER A, WE NEED TO MAKE THE FENCING LIKE THE NEW SUBSTATIONS. NOW WITH THAT REAL HIGH, WHAT DO YOU CALL IT? I MEAN, YOU KNOW WHAT I'M TALKING ABOUT, THE REAL VANDAL PROOF FENCING WHERE YOU CAN'T SEE THROUGH IT AND, AND SPRAY IT GREEN AND IT NO, IT, IT REALLY DISAPPEARS. OR B AND, AND IT PROBABLY HELPS WITH SOME OF THE SOUND ALSO AND OR B YOU KNOW, DO SOME, IF, IF IT'S WHEN MAYBE WOKE COME UP WITH A SO MANY FEET OF A RESIDENCE OR SOMETHING, SOMEBODY MOVES IN LATER AND THEY DECIDE TO BUILD A HOUSE IN 200 FEET OF IT, THAT'S THEIR PROBLEM. BUT DOES THAT SOUND REASONABLE? YOU YOU FOLLOW WHAT I'M SAYING? MR. WOOD? I THINK I'LL PROBABLY GET SOME IDEAS FROM YOU BEFORE. I MEAN, WE JUST DON'T WANNA PUT CHAIN LINK FENCE UP. I THINK WE NEED TO DO SOMETHING AND WE, WE MADE IT REAL CLEAR. 'CAUSE THIS IS GONNA BE AN AR YOU'RE LOOKING AT A NICE CORN FIELD AND A SUBSTATION SITTING OUT IN THE MIDDLE OF IT. BUT IF IT ADDS SOME GREEN FENCING AROUND IT OR A LITTLE BIT BETTER SCREAMING AROUND IT, OTHER THAN THE VEGETATION PROBABLY WOULDN'T STICK OUT. I THINK WE CAN COME UP WITH SOME LANGUAGE TO ADDRESS, TO ADDRESS THAT. THAT'S, THAT'S ALL I GOT. MR. CO. YES, SIR. I DON'T WANNA FORGET ABOUT YOUR SUGGESTION ABOUT THE, UM, GRAVEL OR NON FLAMMABLE BUFFER AROUND THE OUTSIDE OF THE PROJECT. I THINK WE CAN, I THINK WE CAN WORK WITHIN THE, THAT 200, THE OVERALL 200 FOOT SETBACK. AND I THINK IT'S PROBABLY A, A FUNCTION OF REFINING WHERE THAT 20 FOOT [01:40:02] OF NON FLAMMABLE MATERIAL WOULD START. ALRIGHT. AND I THINK AS IT'S CURRENTLY DRAFTED, IT WOULD START AT THE EDGE OF THESE FENCE COMPONENTS AND I THINK WE SHOULD RIGHT. PUSH IT ON IT. PUSH IT ON BEYOND THAT. SO, WELL EVEN, I GUESS I'M THINKING IF YOU HAD, I HAVE FIVE OF MY CHILDREN ARE ON VOLUNTEER FIRE DEPARTMENT AND I KNOW WHEN THE SOLAR FIELD TOOK OFF LAST YEAR, THEY WERE HUFFING AND PUFFING AND BARRING FOUR WHEELERS AND EVERYTHING TRYING TO GET TO THE FIRE. IF THERE'S A WAY TO CONTAIN IT, IF YOU'VE GOT THAT GRAVEL OUTSIDE THE FENCE RIGHT, THEN ALL THEY GOTTA DO IS CONTAIN 20 FEET OUTSIDE THE FENCE. 'CAUSE THEY'RE NOT WORRIED ABOUT WHAT'S INSIDE THE FENCE. RIGHT. I THINK, I THINK WE CAN WORK WITH THAT. OKAY. AND I'M, I MEAN I, I DON'T KNOW WHAT Y'ALL'S APPETITE IS, BUT I'M, I'M HAPPY TO ATTEMPT TO DRAFT SOME OF THIS LANGUAGE NOW IF YOU, IF YOU WANT TO WORK ON IT. SO, UH, I THINK THE, THE 20 FEET MODIFICATION, LEMME LEMME FIND THIS REAL QUICK, IS PRETTY SIMPLE. JUST CHANGING THE, IT SAYS, IT CURRENTLY SAYS AREAS WITHIN 20 FEET ON EACH SIDE OF THE BATTERY ENERGY STORAGE SYSTEM SHOULD BE CLEARED OF COMBUSTIBLE VEGETATION. I I THINK I'M HEARING WHAT YOU'RE SAYING. WE OUGHT TO SAY AREAS WITHIN 20 FEET OF THE FACILITY'S FENCE. YEAH. OKAY. AND I, BECAUSE THEN THEY CAN GET AROUND IT WITH A FOUR WHEELER OR A UTV OR, YOU KNOW, WHATEVER THEY GOTTA DO TO GET SOME EQUIPMENT TO IT. MR. WADE AND MS. PERKINS, IF IT'S, IF IT'S THE WHEEL OF THE COMMISSION, UM, IS IT POSSIBLE FOR US TO HAVE A WORK SESSION? LIKE WE'VE DONE A PREVIOUS PROJECT? I KNOW THAT, UM, THERE WAS A SUBCOMMITTEE TO LOOK AT THIS ORDINANCE, BUT IT IS THE FIRST TIME THAT IT'S COMING BEFORE THE WHOLE COMMISSION. AND AS WE CAN SEE, WE DO HAVE QUESTIONS AND, AND, AND SOME COMMENTS. AND I THINK THAT THE COMMISSIONS WILL, UM, BE BETTER SERVED IF THEY HAVE TIME TO LOOK AT THE DOCUMENTS THAT ARE BEFORE US. AND IF, IF IT'S OKAY WITH THE STAFF, WE, WE HAVE A WORK SESSION SIMILAR TO A PRO, A PREVIOUS PROJECT, AND THAT WAY MANY OF THESE, UM, CONCERNS AND COMMENTS CAN BE ADDRESSED AT THEIR WORK SESSION BECAUSE THE HOUR IS GETTING LATE. AND WE DO HAVE PUBLIC HERE AND THEY MAY WANT TO SPEAK FOR PUBLIC COMMENT. SO IF, IF THAT IS OKAY WITH STAFF, I WOULD ENTERTAIN A MOTION THAT WE, UH, HAVE A WORK SESSION TO TALK ABOUT THESE THINGS. OR IT IS A MOTION NEEDED. MS. BURKINS? YES. THANK YOU. SO IT WOULD BE, IT WOULD BE A MOTION TO TABLE THIS ITEM AND TO HAVE A WORK SESSION. IS THERE A MOTION TO TABLE THIS ITEM AND HAVE A WORK SESSION? I MAKE A MOTION, MR. MR. CHAIRMAN TO TABLE THIS AND HAVE A WORK SESSION. IS THERE A SECOND? SECOND. IT'S BEEN PROPERLY MOVED IN SECOND THAT WE TABLE PC ORDINANCE AMENDMENT 2024 DASH OH FOUR AND WORK WITH STAFF TO HAVE A WORK SESSION. ALL THOSE IN FAVOR SIGNIFY BY SAYING AYE. OPPOSED? THE MOTION IS CARRIED. THANK YOU. ALRIGHT, MOVING ON TO PUBLIC COMMENT. IF THERE ANYONE THAT WOULD LIKE TO, TO COMMENT, PLEASE COME TO THE PODIUM. YOU HAVE THREE MINUTES. WANT YOU STATE YOUR NAME AND ADDRESS. THERE ARE NO PUBLIC COMMENTS. UH, MR. WADE, IF YOU, OH, I'M SORRY. COMMITTEE UPDATES. DO WE HAVE ANY COMMITTEE UPDATES, UH, FROM ANY OF THE SUBCOMMITTEES OR, OR PREVIOUS COMMITTEES? I THINK THE COMMITTEE UPDATE THAT WE HAD, Y Y'ALL HAD A CHANCE TO TALK ABOUT IT TONIGHT, THE, THE ITEMS TONIGHT, SO NO PROBLEM. UM, I DON'T THINK WE HAD ANY EXTRA COMMITTEE UPDATES AT, AT FOR THIS TIME. I DO KNOW, UM, THAT FOR, FOR, YOU KNOW, NEXT MEETING IS THE FIRST OF THE, OF THE YEAR. AND SO AT, AT, BECAUSE WE'RE LOOKING AT BYLAWS TYPICALLY AT THE FIRST OF THE YEAR, WE DO ASK THAT AS COMMISSIONERS, IF YOU SEE ANY, ANY THINGS THAT NEED TO BE CHANGED WITHIN THE BYLAWS OR ANY PROPOSED AMENDMENTS THAT YOU WOULD SEND TO MYSELF AND MS AND MS. PERKINS, UM, TO CONSIDER, UH, FOR THE, FOR THE PLANNING COMMISSION. SO THAT, JUST PLEASE SEND THOSE OUT AS SOON AS POSSIBLE. OKAY. UM, SO THAT'S ONE OF THE THINGS THAT WE WERE LOOKING AT JANUARY FOR A REORGANIZATION MEETING, LOOKING AT BYLAWS AND, AND MAKING ALL THOSE, THOSE APPLICABLE CHANGES EAR EARLY, EARLY IN THE YEAR. UM, I DO KNOW THAT MS. PERKINS ALSO HAS SOME THINGS TO, TO ADD TOO, BECAUSE TYPICALLY OUR, OUR PLANNING COMMISSIONS, YOU KNOW, THERE IS ENOUGH TIME TO GET SOME THINGS DONE. THERE IS SOME FORMS THAT, THAT YOU ALL NEED TO, TO, TO, TO FILL OUT. THANK YOU MR. WADE. UH, PURSUANT TO THE VIRGINIA CONFLICT OF INTEREST ACT, ALL PLANNING COMMISSIONERS ARE REQUIRED TO FILL OUT ANNUALLY A, UM, REAL ESTATE DISCLOSURE FORM. AND I WILL BE SENDING THOSE OUT, UM, PROBABLY ON JANUARY 2ND. UM, THOSE ARE DUE BACK BY, UM, FEBRUARY 1ST, ALTHOUGH FEBRUARY 1ST FALLS ON A WEEKEND. SO I BELIEVE THAT THE DEADLINE FOR 2025 IS FEBRUARY 3RD. THOSE FORMS ARE DUE BACK TO ME AND I NEED, UM, I'M REQUIRED TO GET [01:45:01] LIKE AN ACTUAL WET SIGNATURE ON THOSE. UM, SO IF YOU WOULD LIKE TO EMAIL IT TO ME, I'M, I'M HAPPY, I'M HAPPY TO ACCEPT IT AND YOU CAN PUT IT IN THE MAIL AND I WILL CHECK THE BOX THAT YOU HAVE FULFILLED YOUR REQUIREMENTS. UM, BUT I, I DO NEED TO HAVE THE, THE WET SIGNATURE BY THAT FEBRUARY 3RD DATE. UH, LIKE I SAID, YOU'LL BE RECEIVING AN EMAIL WITH THE FORMS WITH SOME INSTRUCTIONS. IT'S, IT'S THE SAME AS YOU HAD TO DO LAST YEAR. IF YOU HAVE ANY QUESTIONS, I'M, I'M HAPPY TO, UM, TALK YOU THROUGH IT, UM, EITHER BY PHONE OR MEET IN PERSON WITH YOU. UM, AND MR. PIERCE, SINCE YOU'RE ON THE BOARD OF SUPERVISORS, YOU HAVE A DIFFERENT FORM THAT YOU HAVE TO FILL OUT. SO DON'T WORRY ABOUT THIS PARTICULAR ONE. GOTCHA. THANK YOU. THANK YOU. THANK YOU MS. FERGUS. UM, ANY MORE PC SECRETARY COMMUNICATIONS? MR. WICK? I BELIEVE THAT'S ALL. I, THAT'S ALL I HAVE FOR THE NIGHT. OKAY. THANK YOU SIR. I HAVE A QUESTION FOR MR. WICK. SURE. UM, IT'S THE, UH, ROADS AROUND THE CAVALIER PROJECT HAVE, IS THE COUNTY GONNA GO OUT AND INSPECT THE CONDITION OF THE ROADS? UM, ONCE THE PROJECT SAYS THEY'RE FINISHED WITH FIXING THEM? SURE. WE, WE WILL GO OUT THERE WITH VDOT TO VERIFY THAT THEY'RE COMPLETE. BUT THEY, THEY HAVE, I'M SORRY, COULD YOU SAY THAT AGAIN? I CAN'T HEAR YOU VERY WELL. SORRY. WE WILL WITH VDOT WHEN THEY SAY THAT THEY ARE COMPLETE. OKAY. SO DO WE HAVE ANY, UM, UPDATES? 'CAUSE WASN'T IT SUPPOSED TO START OPERATING AT THE END OF OCTOBER? SO, AS FAR AS THE ROADS BEING CONSTRUCTED, UM, YOU'RE TALKING ABOUT THE ROADS BEING REPAIRED RIGHT AFTER THAT. THE ROADS, THEY, THEY ATTEMPTED TO REPAIR THE ROADS EAR EARLIER. HOWEVER, THE TEMPERATURES AND THE, THE REQUIREMENTS TO PUT DOWN PAVING, UM, AND THE CERTAIN STANDARDS THAT VDOT HAS IN PLACE, YOU, YOU, YOU CAN'T PUT DOWN TEMP, UH, ASPHALT WHEN A TEMPERATURE DROP BELOW A CERTAIN, UH, A CERTAIN TEMPERATURE. SO, UM, FOR EXAMPLE, I THINK THIS EARLIER, EARLIER THIS MONTH, THEY WERE LOOKING, ACTUALLY IT WAS EARLIER IN NOVEMBER, THEY WERE LOOKING TO PUT DOWN, UH, DO SOME COMPLETIONS FOR ROAD, ROAD, UH, ROAD REPAIRS. HOWEVER, THE TEMPERATURES DID NOT ALIGN AND WHEN THE TEMPERATURES DID ALIGN, THE WEATHER DID NOT PERMIT 'CAUSE IT WAS RAINING. SO THOSE AREN'T SOME OF THE THINGS THAT VDOT WOULD PERMIT THEM DOING. THEN AT A CERTAIN POINT, THOSE SLURRY PAN PLANTS, ASPHALT PLANTS, THEY CLOSE DOWN UNTIL, BASICALLY TILL THE SPRING. SO TYPICALLY YOU WON'T BE ABLE TO PUT ANYTHING OUT MORE THAN LIKELY TILL SPRING. AND THAT'S DUE TO NO FAULT OF OF A ES. THAT'S JUST HOW THE CONSTRUCTION INDUSTRY IS. AND WITH THE STANDARDS FROM VDOT, SO YOU HAVE, YOU HAVE THE VDOT STANDARDS AS WELL AS THE ASPHALT PLANTS. AND WE'RE IN VIRGINIA, WE'RE, THIS TIME OF THE YEAR, THE PEOPLE, JUST THE ASPHALT PLANTS KNOW WE'RE GONNA SHUT IT DOWN. 'CAUSE YOU CAN'T PUT DOWN, IT'S KINDA LIKE PUTTING PAINT ON YOUR HOUSE. THERE'S, IT HAS A CERTAIN SPECIFICATION, SO YOU PUT DOWN PAINT, UNLESS IT'S A CERTAIN TYPE OF QUALITIES, YOU CAN HAVE SEVERE WEATHERED PAINT UP THERE. THE STANDARDS ALSO APPLY TO ASPHALT. SO, UM, VDOT WOULD NOT APPROVE FOR PUTTING ASPHALT DOWN, UM, UNDERNEATH, OUTSIDE OF THE SPEC SPECS. SO I, I WOULD NOT THINK THAT YOU'D PROBABLY SEE ANY ROAD REPAIRS PROBABLY UNTIL MAYBE MARCH OR APRIL, SOMETHING LIKE THAT. I THINK MR. NEWBIE MAYBE MIGHT KNOW A LITTLE ABOUT THAT WITH WORKING WITH VDOT. THAT THAT'S A STANDARD, THAT A STANDARD, UM, TYPE OF QUESTION. YOU MIGHT BE ABLE TO SPEAK ON THAT TO MR. NEWBIE ABOUT WORKING. YES. UM, PRETTY MUCH, UM, IT'S SHUTTING DOWN FOR THE WINTER MONTHS AND THEY'LL PROBABLY START BACK UP IN LATE APRIL. SO JUST JUST GIVE YOU A LITTLE BIT OF FEEDBACK THAT, THAT WE, WE, AGAIN, WE TALK WITH A ES EVERY, EVERY, UM, EVERY WEEK. AND THAT'S ONE OF THE THINGS THAT CAME UP AND, AND THEY, THEY WERE, THEY WERE TRYING TO GET IT OUT THERE, JUST THE, THE WEATHER KIND OF PROVING IT. THEM AND ASPHALT PLANTS, THEY SHUT DOWN. THEY HAD, THEY HAD THEIR CONTRACTORS LINED UP READY TO GO. BUT THE, THE SPECS THAT THEY HAD TO WORK WITH WERE NOT, WERE NOT COOPERATING WITH THEM. SO DO, UM, SO IN ADDITION, I UNDERSTAND THE WHOLE, UM, OKAY, PAVING, TIMING, UH, THE TIMING OF WHEN THEY'RE GOING TO OPERATE. HAS THAT BEEN, UM, ANNOUNCED? I BELIEVE IT WAS, I THINK IT WAS OCTO OCTOBER WAS THEIR COMMERCIAL OPERATION DATE AND YEAH, THEIR THEIR, THEIR TEAM IS GONE. GREG. GREG, GREG IS GONE, BUT I BELIEVE THEIR SHIP OPERATION DATE WAS THE END OF OCTOBER. SO DID THEY START? UH, I I, I, I'D HAVE TO ASK THEM THAT. I'D HAVE TO ASK THAT QUESTION. I CAN GET BACK WITH YOU ON THAT ONE TO, I DON'T WANNA GIVE YOU A WRONG ANSWER. OKAY. THANK YOU. ALRIGHT, [01:50:01] ANY MORE QUESTIONS OF THE COMMISSION? IF NOT, I'LL ENTERTAIN A MOTION FOR ADJOURNMENT TO THE JANUARY 27TH, 2025 MEETING. SO MOVED. SECOND, PROBABLY MOVING SECOND THAT WE ADJOURN TO JANUARY THE 27TH OF 2025. ALL THOSE IN FAVOR? SIGN BY BY SAYING AYE. AYE. AYE. ALRIGHT. THANK YOU EVERYONE. HAVE A GOOD NIGHT. * This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting.