* 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. YEAH, EXACTLY. [00:00:01] WE WILL SEE WHAT WE GET ON WEDNESDAY. OKAY. IT IS 6 0 2, SO WE'LL GO [1. Call to order and roll call of members] AHEAD AND GET STARTED. THE FIRST THING ON OUR AGENDA WOULD BE THE, UH, ROLL CALL OF MEMBERS. PAM ARNOLD. PRESENT, PRESENT. FRANK DOMINGUEZ HERE. SCOTT HIGGINBOTHAM IS NOT HERE. PAUL MAYS HERE. NA. NATHAN JUNG IS ABSENT. MATTHEW HYDE IS ABSENT. MATTHEW PROPS HERE IS HERE. AND RUTH MORRISON. WE DO HAVE A QUORUM. SO WE'LL CALL A MEETING TO ORDER. THE [2. Approval of June 3, 2024 minutes] FIRST, UH, ITEM THAT WE NEED TO CONSIDER IS THE APPROVAL OF THE JUNE 3RD, 2024 MINUTES. YOU'VE ALL RECEIVED A COPY OF THOSE. AND, UH, WE'LL ENTERTAIN ANY CHANGES OR SUGGESTIONS FOR CHANGES AT, AT THIS POINT. DID ANYBODY HAVE ANY CHANGES? IF NOT, THEN WE'LL CONSIDER THOSE MINUTES APPROVED AS SUBMITTED TO THE MEMBERS. NOW WE [3. Citizen Communication] HAVE CITIZEN COMMUNICATION AS ITEM NUMBER THREE. AND, UH, DOES ANYBODY WANT TO ADDRESS THE COMMISSION ABOUT ANYTHING THAT'S NOT ON THE PUBLIC HEARING? CHUCK, YOU WANNA JUST TALK? YEAH, I CAN. I CAN. OKAY. WELL COME, COME AHEAD. JUST TELL US WHO YOU ARE AND, AND, UH, WHERE YOU'RE FROM. CHUCK FALCO, 2118 EASTLAND COURT. UM, I'D, I'D LIKE TO TALK SOMETHING VERY HIGH LEVEL ABOUT, UM, MUNICIPAL GOVERNANCE, UH, PARTICULARLY DECIS DECISION MAKERS. UH, IT CAN APPLY TO LEAGUE CITY COUNCIL OR, UH, COMMISSION LIKE THIS. I'VE BEEN ON HALF A DOZEN LEAGUE CITY COMMITTEES OVER 20 YEARS, AND I, IT'S NOT JUST A MATTER OF LOOKING AT THE ITEMS AND VOTING AND DOING YOUR JOB AND YOU'RE DONE. I THINK THAT DECISION MAKERS AND MUNICIPAL GOVERNANCE SHOULD BE HELD TO A HIGHER STANDARD. AND THAT IS HOW YOU THINK. FOR EXAMPLE, UM, WHEN, WHEN ORDINANCES GET PASSED, THEY ARE STANDARDS ABOUT SOMETHING, UH, ABOUT, UH, UH, DEVELOPMENT CODES, BUILDING STANDARDS, UM, WHAT, WHAT HAVE YOU, UM, SUBDIVISION ORDINANCES, UM, THAT HAVE TO MEET CERTAIN STANDARDS. AND MANY ON STAFF MIGHT SAY, WELL, THEY MEET THE ORDINANCE STANDARDS. IT'S GOOD. I DON'T THINK THAT DECISION MAKERS LIKE YOU ON PLANNING AND ZONING, LIKE THOSE ON CITY COUNCIL SHOULD THINK THAT WAY. THEY SHOULD THINK, WELL, IF THEY MEET THE STANDARDS, WE KNOW IT'S NOT BAD. IF THEY DON'T MEET THE STANDARDS, WE KNOW IT'S BAD. BUT IF THEY DO MEET 'EM, WE DON'T KNOW BECAUSE THERE'S SOMETHING HIGHER. THERE'S A HIGHER CALLING. IT'S THE PUBLIC GOOD. 'CAUSE SOMETIMES THINGS JUST DON'T MEET THE SMELL TEST. UM, THERE WAS, UH, SPEAKING OF SMELL TEST, SO THERE'S A PETROLEUM, WELL ON THE WEST SIDE OF LEAGUE CITY NEAR MAGNOLIA CREEK. AND IN THE MIDDLE OF A NIGHT, THEY HAD A, I DON'T KNOW, SOME SORT OF TEST OR CLEANING OR WHATEVER, BUT IN A GAS WELL, AND THEY LIT IT ON FIRE. IT'S LIKE 1:00 AM AND THERE'S A FLAME SHOOTING INTO THE AIR, I DON'T KNOW, 50 FEET, A HUNDRED FEET IN THE AIR. PEOPLE IN MAGNOLIA CREEK JUST ABSOLUTELY FLABBERGASTED. LIKE, WELL, YOU KNOW, THOSE, THOSE IN CHARGE OF THAT. WELL, WE, WE MET THE STANDARDS AND EVERYTHING. I MEAN, THAT WAS ALL LEGIT. WELL, NO, PEOPLE LIKE YOU, PEOPLE IN CITY COUNCIL SHOULD MAKE SURE THOSE KINDS OF THINGS DON'T HAPPEN. SO IT'S MORE THAN JUST, OH, LET'S REVIEW THESE STANDARDS. TO ME, IT'S, IT'S OKAY. WHATEVER THOSE STANDARDS ARE, YOU SEE, THAT'S JUST THE FIRST THING. THEN YOU HAVE TO REALIZE, UH, THINK WHETHER A PARTICULAR, WHETHER SOMETHING IS GOOD OR NOT TO VOTE ON IT. YES OR NO. THANK YOU. THANK YOU. DID ANYBODY ELSE NEED, WANT TO ADDRESS THE COMMISSION? COME AHEAD. PEGGY SAILOR, 1802 RAMPART. I'D LIKE TO TALK ABOUT THE GRID. SO THIS IS GLOBAL TO THE, UH, PUBLIC HEARING SUBJECT. THERE WERE TWO HEARINGS AT THE STATE LEVEL LAST WEEK. YOU, YOU MAY HAVE SEEN SOME ARTICLES, UM, ON THE DISCUSSIONS, UM, WHICH WERE [00:05:01] INTENSIVE, LIKE THE SENATE HEARING THE BUSINESS AND COMMERCE COMMITTEE. THAT WAS A SEVEN HOUR HEARING. UH, MONDAY WAS A COUPLE OF HOURS. I MONITORED BOTH. WHAT I WALKED AWAY FROM IS I THINK THERE WERE VERY FEW PEOPLE ON THOSE COMMITTEES WHO DIDN'T HAVE SOME EXPRESSION OF ALARM ABOUT THE CRITICAL SITUATION WE'RE IN IN TEXAS. BEFORE THE HEARING. THERE HAD BEEN DISCUSSIONS THAT WE WERE AT THE 85, UM, THOUSAND GIGAWATT MEETING RIGHT NOW TO MEET OUR STANDARDS TO KEEP US UP AND RUNNING. SO THERE HAD BEEN A PLAN FIVE YEARS AGO THAT SAID, IN THE 29 30 TIMEFRAME, WE WOULD HAVE A REQUIREMENT OF ABOUT 125,000. WELL, THE NEW NUMBERS THAT ARE COMING IN BASED ON THE PERMIAN BASIN, BASED ON THE, UM, THE DATA MINING FACILITIES AND THE, UH, CYBER, UH, MINING IN ADDITION TO THE HYDROGEN, THAT RE REQUIREMENTS WE'RE UP TO 150 K. NOW, IF YOU LOOK AT WHERE WE ARE WITH THE GRID, THE DEPENDABILITY OF THE GRID, HOW LONG IT TAKES TO GET A FACILITY ONLINE, AND ADDITIONALLY, WE, WE STILL HAVE SEVEN DATA MINING FACILITIES THAT ARE ON THE BOOKS. WE'VE GOT 35 IN TEXAS, SEVEN MORE ON THE BOOKS. MEANWHILE, WE'RE BRINGING IN ADDITIONAL PEOPLE. WE'RE BRINGING IN FACILITIES. YOU KNOW, JUST THINK ABOUT ALL THAT. YOU KNOW, AS OF RIGHT NOW, WE ARE BEING TOLD TO PREPARE OURSELVES FOR THIS AUGUST THAT THERE PROBABLY WILL BE SOME ROLLING BLACKOUTS THAT'S ALREADY ON THE BOOKS. HOPEFULLY IT WON'T BE REQUIRED. BUT BASED ON OUR CURRENT USAGE AND THE ABILITY WE HAVE TO MEET THE NEEDS, THERE WILL BE SOME OF US. IF NOT ALL OF US WILL HAVE ROLLING BLACKOUTS, YOU THINK IT'S GONNA GET ANY BETTER? I DON'T THINK SO. AND SO WHEN, WHEN I ATTENDED THE WORKSHOP LAST WEEK AND, AND I GOT TO THINKING ABOUT, I APPRECIATE THE PROCESS AND I WANT US TO DO THE RIGHT THING, BUT, BUT I THINK AS A TEXAS CITIZEN WHO REALLY CARES ABOUT THE MAJOR CHALLENGES WE'RE GONNA HAVE, AND OUR LEGISLATURE HAS NO ANSWER RIGHT NOW, ABSOLUTELY NO ANSWER. WE OUGHT TO ALL BE ASKING OUR ELECTED OFFICIALS, HOW ARE WE GONNA WORK TOGETHER TO BE SURE THAT WE CONTINUE TO HAVE A RELIABLE GRID IN THE FUTURE? THANK YOU. OKAY, THE NEXT ITEM, UM, OH, WAS THERE ANYBODY ELSE THAT NEEDED TO ADDRESS THE COMMISSION? UM, [4. Public Hearing and Action Items] NEXT ITEM NUMBER FOUR, A PUBLIC HEARING AND ACTION ITEMS HOLD A PUBLIC HEARING AND MAKE A RECOMMENDATION TO CITY COUNCIL ON AN AMENDMENT TO CHAPTER 1 25 OF THE CODE OF ORDINANCES OF THE CITY OF LEAGUE CITY BY CREATING REGULATIONS RELATED TO BATTERY ENERGY STORAGE SYSTEMS, BETTER KNOWN AS BESTS. UM, I THINK PROBABLY WHAT WE'LL DO BEFORE WE ACTUALLY OPEN THE PUBLIC HEARING, WHAT IS HERE FROM THE, UM, APPLICANT, UH, THE PLANNING DIRECTOR OF THE CITY OF LEAGUE, CITY OF CHRIS CARPENTER, WHO'S GONNA MAKE THE PRESENTATION ON BEHALF OF THE, UH, PROPOSED, UM, ORDINANCE. THANK YOU, SIR. UM, SO AS YOU MENTIONED, WE'RE HERE TONIGHT, UM, WITH A PROPOSED ORDINANCE TO REGULATE BATTERY ENERGY STORAGE SYSTEMS. UM, THIS STARTED, UM, AS Y'ALL KNOW, Y'ALL HEARD TWO CASES BACK IN THE MARCH APRIL TIMEFRAME, UM, FOR TWO DIFFERENT BEST SITES. THAT TIME WE DIDN'T HAVE ANY REGULATIONS RELATED TO THESE. UM, SO THE ONLY REGULATIONS WE HAD, WE WERE DOING BY A SPECIAL USE PERMIT. UM, SO IN THIS CASE, THIS IS GOING TO CREATE SOME MINIMUM STANDARDS THAT ALL BEST SITES WOULD HAVE TO FOLLOW. THEY WOULD STILL HAVE TO GET A SPECIAL USE PERMIT. UM, SO THOSE SPECIFIC SITE REGULATIONS WOULD STILL COME INTO EFFECT. UM, BUT THIS WOULD ESTABLISH A MINIMUM STANDARD FOR THOSE SITES. SO THAT BEING SAID, UM, START OUT WITH WHAT IS A BEST, UM, I THINK WE'VE ALL HEARD IT BEFORE. UM, BUT ESSENTIALLY IT'S BATTERIES, UM, ASSEMBLED TOGETHER, UM, THAT WILL STORE ENERGY FROM THE ELECTRICAL GRID AND THEN DISCHARGE IT BACK INTO THE ELECTRICAL GRID AT A FUTURE TIME. UM, SO THE CONCEPT OF THESE IS WHEN THERE'S TIMES OF LOW DEMAND TO THE GRID, THEY WILL CHARGE UP AND HOLD THE POWER, AND THEN AT TIMES OF EXCESS DEMAND, THEY WILL THEN RELEASE THAT POWER BACK INTO THE GRID. UM, AS MS. SAILOR MENTIONED, STABILIZING THE GRID. SO, UM, THESE SITES HAVE TO LOCATE NEAR OR AROUND ELECTRICAL SUBSTATIONS. CURRENTLY WE HAVE SIX ELECTRICAL SUBSTATIONS IN LAKE CITY, UM, THREE OF [00:10:01] WHICH WE'VE BEEN APPROACHED. FLOYD ROAD. UM, I'M SURE AS MOST OF Y'ALL KNOW, THERE IS AN EXISTING 10 MEGAWATT BEST SITE THERE. UM, THERE ARE TWO PROPOSED BY THE POWER STREET BEST STATION, AND ONE PROPOSED BY THE FM 6 46 STATION. SO, UM, WE'RE HERE AT THE DIRECTION OF COUNCIL WHENEVER THE FIRST BEST SITE, UM, THE STELLA SITE OVER ON 6 46 WENT TO COUNCIL. THEY DIRECTED US TO CRAFT THIS ORDINANCE. UM, WE HAD A WORK SESSION WITH THEM AT THEIR LAST MEETING. AND, UM, THESE WERE THE, THE CONCERNS THAT WERE RAISED BY COUNCIL AND SOME OF THE CITIZENS AS WELL. AND, UM, THE ORDINANCES CRAFTED TO MEET, UM, SOME OF THESE CONCERNS OR ALL OF THESE CONCERNS. AND SO, JUST GOING THROUGH 'EM REAL QUICK, UM, THERE'S CONCERNS ABOUT SAFETY. UM, PLUME MODELING, HORSE CASE, FIRE MODELING RISKS DURING FLOODING EVENTS, COST BURDEN ON EMERGENCY SERVICES, TRAINING FOR EMERGENCY RESPONDERS, BONDING AND INSURANCE REQUIREMENTS, DECOMMISSIONING AND DECOMMISSIONING BONDING, UH, EMERGENCY RESPONSE PLANS, THE SECURITY OF THE SITE AND PROPERTY TAX COLLECTION. SO I'M GONNA RUN THROUGH JUST BRIEFLY, UM, THE ORDINANCE, WHAT IT SAYS, WHAT IT DOES, AND THEN, UM, I'LL OPEN IT UP TO ANY QUESTIONS AFTER WE HAVE THE PUBLIC HEARING. SO, UM, WE ARE CLASSIFYING THESE BEST SITES IN THE ORDINANCE AS A PRIVATE UTILITY USE. UM, YOU KNOW, THE, THE ONE THAT GOT INSTALLED ON FLOYD ROAD, THERE WAS NO SPECIFIC USE CLASSIFICATION FOR IT. SO THIS IS FIRMING THAT UP AND ENSURING THAT THEY WILL ALL BE CLASSIFIED AS THIS. THE PRIVATE UTILITY USE REQUIRES A SPECIAL USE PERMIT AND ONLY THE OPEN SPACE, THE PUBLIC SEMI-PUBLIC OR THE LIMITED INDUSTRIAL DISTRICTS. AND SO THOSE WILL BE THE DISTRICTS THAT'S THAT IT'S ALLOWED, BUT IT'LL ANY SITE TRYING TO OPERATE AND THE CITY WILL STILL HAVE TO COME BEFORE Y'ALL. UM, AND ULTIMATELY CITY COUNCIL FOR APPROVAL WITH THIS ORDINANCE ADOPTED. SO, UM, WE'RE ALSO REQUIRING AN ADDITIONAL $5,000 FEE, UM, TO REVIEW THE SUP FOR A BEST SITE. AND THE ORDINANCE WILL SPECIFICALLY LIST THE REQUIRED DOCUMENTS THAT ARE REQUIRED WITH SUP SUBMITTAL. UM, WE PUT LANGUAGE IN THERE ABOUT A THIRD PARTY REVIEWER. UM, WE ARE NOT EXPERTS IN BATTERY ENERGY STORAGE OR THE ELECTRICAL GRID. UM, SO, UM, WE HIRED SOMEBODY WHO IS, UM, THEY WILL PROVIDE A GENERAL SAFETY ANALYSIS OF THE BEST SITES. THEY'LL REVIEW IT FOR COMPLIANCE WITH THE NFPA AND THE IFC. UM, THEY'LL REVIEW ALL OF THE PERMIT DOCUMENTATION AND THE SUP APPLICATIONS. UM, THEY WILL DO INSPECTIONS DURING THE CONSTRUCTION, AND THEN ANYTHING ELSE THAT WE REQUEST OF THEM THAT, UM, WE DON'T HAVE THE EXPERTISE TO DO, UM, FROM FIRE AND LIFE SAFETY, THERE'S A WHOLE SECTION IN THERE ON THIS. UM, I'M NOT GONNA GO THROUGH IT ALL, BUT IT, IT INVOLVES, UM, TRAINING, UM, AIR MONITORING, UM, AND THEN, UM, EXHAUST FAN PLANS, A NUMBER OF THINGS THAT WERE REQUESTED BY OUR FIRE DEPARTMENT AND OUR THIRD PARTY CONSULTANT. UM, WE HAVE SPECIFICS ON AN EMERGENCY RESPONSE PLAN. UM, SO WE HAVE, WE REQUIRE DOCUMENT THAT SPECIFIES PROCEDURES IN THE EVENT OF EMERGENCY. IT SPELLS OUT WHAT WE NEED IN THAT. THIS IS ALSO A REQUIREMENT OF NFPA 8 55. UM, BUT WE WANTED TO PUT IN THE ORDINANCE AS WELL, SO WE COULD BE A LITTLE MORE SPECIFIC. UM, THIS WILL ALSO BE REVIEWED AND APPROVED BY OUR FIRE MARSHAL AND THE THIRD PARTY REVIEWER. UM, AS A CONDITION OF THIS SUP SETBACKS AND LOCATION, UM, THIS WAS OBVIOUSLY CONCERN RAISED BY A LOT OF CITIZENS AND COUNCIL. SO, UM, WE, WE DID PUT SOME MINIMUM SETBACKS HERE. SO FIRST OF ALL, IT HAS TO MEET THE MINIMUM SETBACKS OF THE ZONING DISTRICT THAT IT'S LOCATED IN. JUST LIKE ANY OTHER STRUCTURE, UM, WE HAVE A CLAUSE THAT THEY CANNOT BE ANY CLOSER THAN 1500 FEET FROM ANOTHER BEST SITE. AND THIS IS JUST TO PREVENT THE PROLIFERATION OF 'EM, SO THEY'RE NOT SHOWING UP ON EVERY SINGLE CORNER IN THE CITY, UM, NEAR A SUBSTATION. UM, WE PUT A LIMIT THAT THEY CAN BE NO CLOSER THAN 200 FEET FROM ANY PROPERTY ZONE FOR RESIDENTIAL USE. AND THEN WE ADDED A CLAUSE IN THERE SAYING, WELL, THESE ARE THE MINIMUM STANDARDS. THOSE SETBACKS CAN ALWAYS BE INCREASED BASED ON THE PLUME MODELING, TESTING DATA AND PROXIMITY TO PIPELINES, RAILROADS, OR OVERHEAD UTILITIES. SO THIS IS JUST THE MINIMUM. WE CAN ALWAYS GO MORE, AND THAT'S THE PURPOSE OF THOSE SPECIAL USE PERMITS. SO WE CAN LOOK AT EACH SITE INDIVIDUALLY AND ASSESS IT. UM, THE SPACING ON THE CONTAINERS ON THE SITE IS DETERMINED BY THE HAZARD MITIGATION ANALYSIS AND, UM, SOME FIRE TESTING DATA AS WELL. AND THEN PREFERENCE WILL BE GIVEN TO SITES NOT LOCATED ALONG OUR MAJOR ROADWAYS FROM AN AESTHETIC STANDPOINT. UM, WE DO HAVE LANDSCAPING AND SCREENING REQUIREMENTS IN THERE. UM, WE ARE GONNA REQUIRE A TYPE B BUFFER YARD, WHICH IS A 30 FOOT LANDSCAPED AREA WITH EIGHT TREES PER HUNDRED LINEAR FEET AROUND THE PERIMETER OF IT. UM, IN ADDITION TO THAT, WE'LL REQUIRE A MASONRY WALL THAT'S AT LEAST THE HEIGHT OF THE CONTAINERS AT THE TIME OF INSTALLATION. AND SO IF THE CONTAINERS ARE EIGHT FEET TALL, THAT WALL WILL BE EIGHT FEET TALL. CONTAINERS ARE 10 FEET TALL, THE WALL WILL BE 10 FEET TALL. UM, SO THE WALL SHOULD MATCH IN MATERIAL AND STYLE, UM, TO ANY ADJACENT COMMUNITIES AS WELL. SO JUST FROM AN AESTHETIC PUR PURPOSE. AND THERE'LL BE A HEDGE, UM, INSTALLED AROUND THE PERIMETER OF THE WALL. UM, WE HAVE A NOISE CLAUSE IN THERE. THE, THESE SITES ARE NOT, UM, NOISE GENERATORS PER SE, BUT THEY CAN GENERATE SOME NOISE. SO, UM, WHAT WHAT WE'VE PUT IN THERE IS [00:15:01] IF THEY'RE WITHIN 500 FEET OF A RESIDENTIAL STRUCTURE OR RESIDENTIAL ZONE PROPERTY, THAT THERE HAS TO BE A NOISE STUDY INDICATING, UM, AMBIENT NOISE LEVELS AT THAT PROPERTY LINE. UM, WE HAVE SOME REQUIREMENTS FOR REMOTE MONITORING. UM, AGAIN, NOT GONNA READ 'EM ALL, BUT 24 7 REMOTE MONITORING. AND, UM, BACKUP POWER PLAN IS ALSO REQUIRED IF, IF, IF SOMETHING GOES OUT, A HURRICANE COMES, THEY HAVE TO HAVE A BACKUP POWER PLAN. SO THESE, THESE MONITORING SYSTEMS WILL STAY ONLINE. UM, IT HAS TO BE TESTED TO UL STANDARDS. UM, UL IS KIND OF THE, THE HIGHEST TESTING STANDARD FOR THESE. UM, AND THEN WE, WE HAVE A CLAUSE IN THERE ABOUT THE FULL SCALE TESTING REQUIRED. THAT'S THE UL 9 9 5 4 0 A AND THE LARGE SCALE DESTRUCTIVE FIRE TEST. SO THIS IS WHEN THEY JUST SET THE WHOLE UNIT ON ABLAZE AND, UM, TAKE DATA FROM THAT AND SEE EXACTLY WHAT HAPPENS TO IT TO ENSURE IT DOESN'T PROPAGATE TO OTHER UNITS, DETERMINE THE SPACING OF THE, UM, CONTAINERS ON SITE. UM, WE ARE ALSO REQUIRING THAT THEY HAVE A TECHNICAL EXPERT, UM, HAS TO BE TRAINED AND KNOWLEDGEABLE OF THE SYSTEM, UM, POSSESS MANUFACTURER INSTALLATION, OPERATION SPECS. UM, THEY'LL REPORT ANY EMERGENCY CONDITIONS TO OUR FIRE DEPARTMENT AND PROVIDE ANY TECHNICAL ASSISTANCE IN THE EVENT OF EMERGENCY. AND FROM AN EVENT RESPONSE STANDPOINT, UM, THAT TECHNICAL EXPERT SHALL RESPOND WITHIN AN HOUR, UM, TO THE SITE. UM, AND THEN ANY CITY COSTS RELATED TO AN EMERGENCY RESPONSE WILL BE REIMBURSED BY THE PROPERTY OWNER AS WELL AS ANY THIRD PARTY RESPONSE REQUESTED BY THE CITY, UM, WILL BE REIMBURSED BY THAT PROPERTY OWNER FROM AN INSURANCE REQUIREMENT. UM, WE, WE SPOKE TO SEVERAL PEOPLE ABOUT THIS AND, UM, DETERMINE THAT THE BEST WAY TO DO THIS, RATHER THAN QUANTIFYING A NUMBER TO IT, IS THAT, UM, WE WILL DEFER IT TO OUR HR DEPARTMENT, OUR HR DIRECTOR SPECIFICALLY, UM, TO, UM, COORDINATE WITH TML TO GET THE PROPER AMOUNT OF INSURANCE THAT WOULD BE NEEDED FOR ONE OF THESE SITES. UM, INSTEAD OF SAYING TODAY THAT, HEY, YOU NEED $5 MILLION INSURANCE FOR THIS, UM, 10 YEARS FROM NOW, THAT MAY NOT BE A PROPER NUMBER. ONE YEAR FROM NOW, IT MAY NOT BE A PROPER NUMBER. SO EACH ONE WILL BE ASSESSED INDIVIDUALLY AND WE'LL GET ADVISEMENT FROM THE ATTORNEYS AT TML, UM, FOR THAT NUMBER. FROM A FLOOD RISK STANDPOINT, UM, THEY'RE GONNA HAVE TO FOLLOW OUR FLOOD ORDINANCE. UM, WE JUST PUT THAT IN THERE TO BE CRYSTAL CLEAR. SO THAT INVOLVES ELEVATION. YOU HAVE TO BE ABOVE THE BASE FLOOD ELEVATION. UM, ANY MITIGATION REQUIREMENTS, UM, THEY WILL HAVE TO FOLLOW FROM THE DECOMMISSIONING STANDPOINT. UM, WE HAVE SOME REGULATIONS IN THERE BASICALLY SAYING, HEY, YOU HAVE TO, YOU HAVE TO RETURN THE SITE TO A PRE-DEVELOPED STATE. UM, WHENEVER YOU LEAVE, UM, ANYTHING THAT HAS ENTERED THE GROUND, IF THERE WAS AN INCIDENT OR ANYTHING ELSE HAS TO BE CLEANED. UM, AND THEN ALSO WHEN THEY COMMISSION THE SITE, THEY HAVE TO PROVIDE A DECOMMISSIONING BOND AND, AND THAT BOND WILL BE CREATED BY A PROFESSIONAL ENGINEER SIGNED, SEALED, AND, UH, MADE OUT TO THE CITY. SO, UM, IF THEY DO DE DECIDE TO LEAVE AND JUST LEAVE ALL THE BATTERIES THERE FOR SOME REASON, WE WILL HAVE THE MONETARY FUNDS TO ACTUALLY DISPOSE OF THAT AND HIRE SOMEONE TO GET RID OF THE SITE AND BRING IT BACK TO A PRE-DEVELOPED STATE. UM, WE HAVE SOME REGULATIONS THERE ON SIGNAGE. UM, THIS IS BASICALLY A SIGN SAYING, HEY, THIS IS WHAT'S IN HERE. DON'T ENTER, HAS SOME REQUIREMENTS. IT MUST BE INSPECTED ANNUALLY TO MAKE SURE, UM, IT'S IN GOOD CONDITION. UM, MENTIONED THE PLUME MODELING EARLIER. UM, SO THE CITY WILL BE CONTRACTING WITH THE COMPANY TO DO THE PLUME MODELING, THEN WE WILL BE BILLING THE APPLICANT FOR THAT COST. AND THAT'S, SO THE PLUME MODEL, UM, CONSULTANT IS WORKING FOR US RATHER THAN THE APPLICANT. THEY'LL, UH, MODEL FOR WORST CASE SCENARIOS, BOTH FLAMING AND NON FLAMING, UM, WITH VARYING WEATHER CONDITIONS. UM, SO IF THERE'S A HOUSE 300 FEET AWAY, UM, THEY WOULD DO THE ABSOLUTE WORST CASE SCENARIO FOR THAT HOUSE, AND THAT'S WHAT WE WOULD REQUEST THAT THEY MODEL. UM, SO WE CAN SEE IF THERE ARE ADDITIONAL SETBACKS NEEDED. UM, FOR EACH ONE OF THESE, WE WILL ENTER INTO A PAYMENT IN LIEU OF TAXES AGREEMENT AS WELL. SO THAT WAY, NO MATTER THE DEPRECIATION OF THESE, WE HAVE SOMETHING SET IN SET IN STONE OF HOW MUCH WE'RE ACTUALLY GETTING FROM A TAX REVENUE STANDPOINT. AND FINALLY, TRANSFER OF OWNERSHIP. BASICALLY, IF THEY SELL IT, UH, WHOEVER THEY SELL IT TO IS STILL, UM, HELD TO THESE SAME STANDARDS THAT THEY WERE. SO THAT IS WHAT I HAVE, IF Y'ALL HAVE ANY QUESTIONS. OKAY. OR IF YOU'D LIKE TO OPEN, I THINK, I THINK WE'LL PROBABLY ASK THE COMMISSION TO, UH, WAIT UNTIL AFTER THE PUBLIC HEARING AND THEN ASK THE QUESTIONS, UH, ASK YOUR QUESTION. THE, UM, WE DIDN'T HAVE A SIGN IN SHEET, SO WE'LL GO AHEAD AND OPEN THE PUBLIC HEARING AT 6 21 AND ASK IF THERE IS ANYONE IN THE AUDIENCE THAT WANTS TO ADDRESS THE SUBJECT THAT HASN'T ALREADY TALKED. NO, YOU CAN TALK AGAIN IF YOU WANT TO. GO AHEAD. GO AHEAD, CHUCK. PEGGY ALWAYS LIKES TO GO LAST. UM, BUT SHE'S [00:20:01] NOT LEAST FOR SURE. THERE ARE A LOT OF, UM, SAFETY REQUIREMENTS, UH, IN THE, UH, PROPOSAL IN FRONT OF YOU AND ALL, ALL THAT'S GOOD STUFF. I'M SURE I HAVEN'T LOOKED IN DETAIL A LOT OF OTHER PEOPLE DOING THAT. MY FAVORITE PART OF THAT, BELIEVE IT OR NOT, IS THE SETBACK REQUIREMENT. UM, 'CAUSE DISTANCE MEANS SAFETY AND IT'S, IT'S JUST SO BASIC. UM, I HAD A LITTLE BIT OF AN ISSUE, I DON'T KNOW, IT WAS THE, ONE OF THE INTRODUCTORY SLIDES FOR THIS PRESENTATION, BUT I, I REMEMBER SEEING THIS HERE, BUT IT, IT, IT MADE IT SOUND LIKE, YOU KNOW, THE, THE, THESE WOULD, UH, TAKE ELECTRICITY FROM THE GRID IN LOW DEMAND AND GIVE IT BACK IN HIGH DEMAND. MAKES IT SOUND LIKE IT'S A PUBLIC UTILITY AND IT'S NOT. THESE ARE PRIVATE UTILITIES. UM, SO WHAT THEY REALLY ARE DOING, THEY'RE NOT SERVING A PUBLIC GOOD, THEY'RE SERVING A PRIVATE GOOD. BASICALLY THEY'RE USING ARBITRAGE, RIGHT? BUY LOW, SELL HIGH, BASIC BUSINESS 1 0 1. SO I WANNA KNOW WHAT PUBLIC GOOD REQUIREMENTS ARE GOING TO BE PLACED ON THESE FACILITIES, UH, WHEN, WHEN TEXAS IS CLOSE TO A BROWN OUT, I MEAN WITHIN MINUTES OR HOURS AND, UH, UH, ERCOT ACTUALLY, I'M PRETTY SURE IT HAS, HAS THOSE NUMBERS. UH, 24 7. UM, WHEN WE GET CLOSE TO A BROWNOUT OR A BLACKOUT, OR IN A BROWNOUT BLACKOUT, ARE THESE BEST FACILITIES REQUIRED TO SELL ENERGY BACK TO THE GRID? I MEAN, COMPULSORY, WHETHER IT'S PROFITABLE OR NOT, YOU WOULD THINK IT'S PROFITABLE. WHAT IF IT'S NOT? OR WHAT IF THEY DON'T KNOW IF IT'S PROFITABLE OR NOT? FOR SOME REASON THERE'S A GLITCH IN THE SYSTEM AND THEY DON'T HAVE GOOD PRICING. WHAT ARE THE REQUIREMENTS PLACED ON THEM COMPULSORY TO SELL BACK? WHEN I TALK ABOUT PUBLIC GOOD, THIS IS THE KIND OF THING I'M TALKING ABOUT. UM, ONE OTHER THING, AND THIS IS KIND OF THINKING OUTSIDE THE BOX, BUT I THINK IT'S INCUMBENT, AND I ASK PLANNING AND ZONING COMMISSION MEMBERS TO THINK ABOUT THIS, AND I'M DEMANDING THAT OUR CITY COUNCIL THINK ABOUT THIS. THE ONLY, UM, INJURY IN THE UNITED STATES THAT I'M AWARE OF FROM BEST FACILITIES WAS SEVERAL YEARS AGO IN ARIZONA WHEN SOME FIREFIGHTERS WERE INJURED, UM, UH, IN A, UH, EMERGENCY AT ONE OF THESE FACILITIES. WOULD THIS ORDINANCE HAVE PREVENTED THOSE FIREFIGHTERS FROM BEING ENTERED, UM, INJURED? AND YES, I'M ASKING Y'ALL TO THINK ABOUT IT AND COME UP WITH AN ANSWER. AND I'M GONNA DEMAND THAT CITY COUNCIL DO, WHEN I TALK ABOUT PUBLIC GOOD. THAT'S ABOUT AS CORE AS I CAN GET. THANK YOU. THANK YOU. IS THERE ANYONE ELSE ON THE FRONT ROW THAT WANTS TO TALK? I, YOU, YOU LIKE TO BE LAST, DON'T YOU? YOU WANNA GO AHEAD? COME ON. MY NAME IS BECKY ELDRIDGE. I LIVE IN THE OAKS OF CLEAR CREEK. AND ONE QUESTION THAT JUST CAME TO MY MIND AS WE WERE WATCHING THE PRESENTATION IS THERE ARE TWO BEST FACILITIES THAT ARE PROPOSED FOR HIGHWAY THREE. UH, ONE IS THE BECKMAN, I BELIEVE IT'S CALLED, AND THEN THE OTHER ONE IS WIZARD. AND I WAS JUST WONDERING, IT SAYS 1500 FEET BETWEEN, IS THAT BEEN LOOKED AT? AND ARE THEY, IF BOTH OF THESE WILL BE BUILT, ARE THEY GOING TO BE AT LEAST 1500 FEET BETWEEN THEM? SO I JUST WANT YOU TO CONSIDER THAT AS WELL, SINCE WE ARE LOOKING AT TWO DIRECTLY ACROSS FROM MY NEIGHBORHOOD AND PAR ELEMENTARY. THANK YOU. OKAY, THANK YOU. ANYBODY ELSE IN THE AUDIENCE? OKAY, WELL AT THAT, UH, THAT BE THE CASE, WE'LL, UH, CLOSE THE PUBLIC HEARING. OH, YES. OKAY. OKAY, PEGGY, THANK YOU. I'M SORRY. NO, THAT'S OKAY. THOSE OF US WHO ARE ZS ARE ACCUSTOMED TO BEING FORGOTTEN ABOUT PEGGY ZOR 1802 RAMPART. I AM GREATLY INFLUENCED BY THE FACT THAT WE HAVE HAD A BEST FACILITY IN LAKE CITY FOR A COUPLE OF YEARS, AND WE WEREN'T AWARE OF IT. I DON'T KNOW WHAT THAT MEANS, BUT IT, IT KIND OF MAKES ME WONDER, UH, IF WE HAVEN'T HAD A HISTORY OF, OF ISSUES, UH, WITH THE FACILITY [00:25:01] AND, AND WE DIDN'T HAVE AN ORDINANCE AT THAT TIME, UM, THEN, THEN WHAT, WHAT HISTORY, OTHER THAN WHAT'S HAPPENED SEVERAL YEARS AGO IN ANOTHER PART OF THE COUNTRY, UH, IS, IS CAUSING US A GREAT DEAL OF CONCERN UP AND ABOVE WHAT OUR CITY STAFF HAS DEVELOPED FOR OUR ORDINANCE. AND, AND I WILL SAY THAT RIGHT NOW, BASED ON THE HEARINGS, UH, THAT TOOK PLACE LAST WEEK, UH, THE STATE'S GONNA BE REALLY FOCUSED ON THERMAL GENERATION. UH, THERE WAS VERY LITTLE DISCUSSION, UM, IN THE SENATE HEARING REGARDING, UH, BATTERY USE AT ALL. UH, AND A LITTLE BIT OF A REFERENCE TO THE BATTERY ENERGY STORAGE SYSTEMS AS A CO-CHAIR OF THE LEAGUE CITY, HOA ALLIANCE. UM, WE HAVE AMPLE OPPORTUNITY TO HEAR FROM MANY OF OUR HOAS ALSO TO, TO HAVE DISCUSSIONS WITH, UM, EACH OF THE, UH, APPLICANTS AND, UH, RECIPIENTS OF, UH, OPPORTUNITIES FOR COMMUNITY OUTREACH. AND, AND TO THAT END, BASED ON EVERYTHING I'VE HEARD, AND THERE CERTAINLY IS THE ISSUE ASSOCIATED WITH LOCATION, NO DOUBT ABOUT IT, BUT IT SEEMS TO ME THAT OTHER THAN THE LOCATION ISSUE AND, AND PROBABLY WHAT, WHAT CHUCK REFERENCED, UH, WHETHER IT'S 200 FEET, WHETHER THAT'S RIGHT OR WRONG, BUT AS I UNDERSTAND IT, 200 IS THE MINIMUM. AND SO, UH, FOR SETBACK. SO, YOU KNOW WHAT, THERE, THERE'S ROOM FOR PLENTY OF DISCUSSION IN THAT. BUT, UM, GOING FORWARD, UM, I WOULD SAY THAT THE ONLY THING THAT I HEARD FROM, UM, RESIDENTS THAT I DON'T SEE ADDRESS SPECIFICALLY IN HERE, BUT I THINK IT COULD BE, UM, INCORPORATED IN A POLICY OR PROCEDURE, IS THERE WAS A LOT OF DISCUSSION INTO THE ALERT SYSTEM. UH, IN THE ORDINANCE IT SAYS IT'LL BE FROM OUR, UM, OUR FIRE DEPARTMENT OR FROM OUR EMERGENCY SERVICES. THE, THE DISCUSSION WITH OUR RESIDENTS WAS, GEE, THE PLANTS HAVE A VERY SOPHISTICATED PROCESS FOR ALERTING THE COMMUNITIES. AND SO IF THIS GOES FORWARD, WHY DON'T WE, UM, USE THE EXPERIENCE AND KNOWLEDGE OF OUR PLANTS AND, AND TRY TO INCORPORATE SOME OF THEIR EFFICIENCIES. OTHER THAN THAT, I THINK OUR CITY STAFF HAS DONE AN EXCELLENT JOB AND I SUPPORT THE ORDINANCE. THANK YOU. PEGGY. ANYBODY ELSE IN THE AUDIENCE WOULD LIKE TO MAKE A STATEMENT UNDER THE, UH, PUBLIC HEARING? IF NOT, WE'LL CLOSE A PUBLIC HEARING AT SIX 30 AND CHRIS WILL ASK YOU TO COME BACK UP AND, UH, ADDRESS ANY QUESTIONS THAT THE COMMISSION MAY HAVE. RUTH, WE'LL START ON YOUR END IF YOU WANT TO. THANK YOU. GO AHEAD. UH, CHRIS, MY QUESTION IS, CAN YOU HEAR ME OKAY ON THIS? SORRY. UM, THERE WAS A LOT OF CONCERN AT AT LEAST ONE OF THE PUBLIC HEARINGS ABOUT THE PROPOSED SITE BEING SO CLOSE TO NOT ONE, BUT TWO ELEMENTARY SCHOOLS. UM, I PERSONALLY WOULD LIKE TO SEE SOME, UH, REQUIREMENT THAT THEY CANNOT BE PUT WITHIN A CERTAIN DISTANCE FROM ELEMENTARY SCHOOLS OTHER THAN JUST THE BASIC 200 FEET OR, UH, YOU KNOW, WHATEVER YOU DECIDE ON THE SUP OR WE DECIDE AT THE TIME OR COUNCIL DECIDES. AND THAT'S THE, THE ONE THING THAT STUCK IN MY MIND WAS THE FACT THAT IF SOMETHING GOES BAD OR WRONG OR IF THERE'S EVEN A QUESTION THAT SOMETHING'S GONE WRONG, WE HAVE LITTLE KIDS THAT COULD BE SHELTERED IN PLACE IN AN ELEMENTARY SCHOOL FOR A REALLY LONG TIME. UM, AND THAT'S A SAFETY CONCERN THAT ALL OF US SHOULD BE WORRIED ABOUT. I DON'T KNOW ABOUT YOU GUYS WITH SMALL KIDS OR IF YOU THINK BACK WHEN YOU DID HAVE THEM, BUT THAT IS, THAT'S SOMETHING THAT I THINK WE SHOULD CONSIDER IF WE'RE GONNA BOTHER DOING THE ORDINANCES. SURE. AND, AND WHAT, WHAT WE DID WITH THE SETBACK REQUIREMENTS IS WE SAID, HEY, YOU KNOW, A LOT OF THIS WILL BE BASED ON THE MODELING THAT COMES BACK AND SHOWS IS, YOU KNOW, IS THERE A DANGER FOR THAT ELEMENTARY SCHOOL? IF, IF THERE IS, THEN CERTAINLY WE'LL WANT IT SET BACK FAR ENOUGH TO WHERE THERE IS NOT A DANGER TO IT. AND THAT'S WHY WE PUT THE CLAUSE IN THERE ABOUT THOSE SETBACKS BEING INCREASED BASED ON THE DATA THAT WE HAVE AND WE GET FROM THE PLUME MODELS AND FROM THEM SETTING THE CONTAINERS ON FIRE AND SEEING WHAT HAPPENS. 'CAUSE THEY COLLECT A LOT OF DATA ON THAT [00:30:01] AS WELL. AND SO THAT SHOULD BE ABLE TO TELL US WHAT A SAFE DISTANCE FROM THOSE, UM, CONTAINERS IS. AND SO THAT'S, THAT'S THE ROUTE WE WENT IN THE ORDINANCE. NOT TO SAY IT CAN'T BE CHANGED, BUT, UM, THAT'S WHY WE DID WHAT WE DID. OKAY. I, UM, THAT WAS JUST A CONCERN THAT I NEEDED TO ASK ABOUT. UM, I DON'T EVEN KNOW IF THIS IS POSSIBLE, SO THIS MIGHT BE TOTALLY, UH, OFF THE TABLE, BUT IS THERE ANY WAY TO REQUIRE THAT THEY SELL BACK OR POUR BACK INTO THE GRID, THE LOCAL GRID RATHER THAN, BECAUSE THE LAST BEST SYSTEM THAT CAME IN HERE SAID, WELL, WE'LL PROBABLY GO BACK INTO THE HOUSTON, IT'S PROBABLY NOT GONNA BE ANYWHERE IN GALVESTON COUNTY OR NEAR LAKE CITY. SO I WOULD PROBABLY DEFER THAT ANSWER TO SOMEONE WHO'S MORE OF AN EXPERT ON THE GRID. BUT FROM MY UNDERSTANDING, YOU KNOW, THEY PUT IT BACK INTO THAT SUBSTATION AND, AND WHEREVER THAT SUBSTATION GOES, WE HAVE NO CONTROL OVER, YOU KNOW, IT'S GONNA SERVE A SERVICE, A SPECIFIC AREA. UM, AND THAT'S THE AREA THAT WOULD BE SERVED. I DON'T THINK WE CAN DIRECT THE POWER SPECIFICALLY TO LEAGUE CITY HOUSES. IT WOULD GO TO THE GENERAL AREA OF THAT SUBSTATION. OKAY. 'CAUSE THEY SEEM TO INDICATE AT LEAST THE EXPERTS LAST TIME THE APPLICANT SEEMED TO INDICATE THAT IT WASN'T GOING ANYWHERE NEAR OUR, OUR AREA. SO IT WAS GONNA BE IN HOUSTON, ACROSS HOUSTON, THINGS LIKE THAT. I DON'T KNOW THE ANSWER TO THAT AND MAYBE THAT'S NOT A VERY SMART QUESTION TO ASK BUT ASKED ANYWAY. I CANNOT ANSWER IT. I, I APOLOGIZE. BUT I DO KNOW THAT WE DO HAVE SOME APPLICANTS HERE, UM, FROM THE BEST SIDE. SO THEY MAY BE BETTER OFF A, ANSWERING THAT QUESTION. OKAY. UM, AND LASTLY, I GUESS I JUST WANT TO MAKE THE STATEMENT THAT, UM, I BELIEVE OUR ENTIRE COMMISSION LAST, THE LAST TWO TIMES THAT WE CONSIDERED THIS, EVERYBODY WAS IN FAVOR OF HAVING BEST SITES. THE QUESTION IN LEAGUE CITY, THE QUESTION WAS WHERE, UM, SO I'M GLAD THAT WE'RE AT LEAST ADDRESSING SOME OF THOSE CONCERNS. UH, BUT I, I WISH WE COULD PICK HAND, PICK WHICH PLACES, UM, COULD HAVE THEM. BUT THAT'S GONNA BE YOUR JOB, I GUESS. YES, MA'AM. THAT'LL, THAT WILL ACTUALLY BE THE JOB OF CITY COUNCIL. SO THAT'S WHAT THE SPECIAL USE PERMIT KIND OF DOES. YOU KNOW, WE HAVE, WE HAVE PERMITTED USE TABLES WITH THAT, SAY SOME USES ARE ALLOWED, SOME USES ARE NOT ALLOWED AND SOME USES MAY BE ALLOWED. AND THAT'S WHAT THE SPECIAL USE PERMIT IS. IT'S THAT MAYBE, AND IT'S AT THE DISCRETION OF COUNSEL, UM, TO DETERMINE IF THOSE LOCATIONS ARE APPROPRIATE. OKAY. THANKS. THAT'S IT PAUL. DOCTOR, I GOT A FEW, SOME OF THESE ARE JUST MORE LIKE QUESTIONS ON HOW THINGS ARE WORDED. SO I NOTICED ON, UM, SO ONE OF 'EM YOU MENTIONED THE LATEST UIL STANDARDS. IS THEY GONNA BE WRITTEN WITH A SPECIFIC STANDARD OR SAYING THE MOST CURRENTLY PUBLISHED STANDARD? LIKE HOW IS THAT CORRECT? YEAH, WE'RE, WE'RE GOING WITH THE MOST CURRENTLY PUBLISHED STANDARD. YES, SIR. AND THEN YOU MENTIONED SOMETHING ABOUT THE WALLS INCR BEING AT THE HEIGHT OF THE CONTAINERS AT THE TIME THEY WERE INSTALLED. MM-HMM. . BUT IS IT ALSO WRITTEN TO KIND OF PREPARE FOR THE FACT THAT THEY MAY COME BACK LATER AND PUT BIGGER BOXES IN THAT MIGHT, MAY NEED TO BE UPDATED IF ANY CHANGES TO THE PLAN? SURE. LIKE AFTER THE INTENT OF THE SECTION IS TO SAY, HEY, WHATEVER, WHATEVER THE TALLEST POINT OF THAT CONTAINER IS, THAT'S THE HEIGHT OF YOUR WALL. OKAY. SO IF A NEW ONE IS INSTALLED, A NEW WALL WOULD HAVE TO BE INSTALLED AT LEAST THAT HEIGHT. OKAY. AND THEN I HAD, UM, YOU MENTIONED ON THE INSURANCE REQUIREMENTS, HAVING THAT REEVALUATED BECAUSE IT COULD DRASTICALLY CHANGE EVEN WITHIN A YEAR. WHAT ABOUT THE DECOMMISSIONING BOND? SO THE DECOMMISSIONING BOND, UM, WE WILL HAVE ASSESSED BY A PROFESSIONAL ENGINEER AND WE'LL HAVE AN ESCALATOR CLAUSE IN THERE TO SAY, HEY, YOU'RE GOING UP WITH THE COST OF INFLATION. OKAY. AND THAT'LL BE DETERMINED, UM, AT THE TIME THAT BOND IS POSTED. AND THEN, UM, AT BECKY ALDRIDGE ELDRIDGE, UM, HAD THAT QUESTION ABOUT THE 1500 FEET BETWEEN THE SCHOOLS. YES, SIR. I MEAN, BETWEEN THE SITES BEING NEAR A SCHOOL, ARE THOSE WITHIN 1500 FEET OF EACH OTHER? SO THE, THE REQUIREMENT IS THAT THEY CANNOT BE LOCATED WITHIN 1500 FEET OF ANOTHER BEST SITE IN THIS CASE. UM, WE HAVE TWO THAT ALREADY HAVE APPLICATIONS IN, UM, PRIOR TO THIS ORDINANCE. SO WE'LL BRING BOTH OF THOSE APPLICATIONS FORWARD. UM, IF COUNSEL WANTS TO UP UPHOLD THAT REQUIREMENT, THEY CAN, IF THEY WANT TO GRANT A VARIANCE, UM, BECAUSE THEY WERE ALREADY IN PROCESS, THEY COULD POTENTIALLY DO THAT AS WELL. AND THEN WHAT EXACTLY DOES THE NON-CONFORMING CLAUSE SAY? WHICH SPECIFIC CLAUSE ARE YOU TALKING ABOUT? UH, YOU WERE, YOU MENTIONED SOMETHING ABOUT HAVING A NON-CONFORMING CLAUSE. IT WAS EARLIER IN THE PRESENTATION . MM OH, [00:35:01] UM, I'M NOT SURE EXACTLY WHICH ONE. I SAW SOMETHING THAT SAID NONCONFORMING, BUT MAYBE I MIS MISREAD THAT. YEAH, I DON'T THINK THERE'S A SPECIFIC NON-CONFORMING CLAUSE. OH, RIGHT THERE. GO BACK. IT'S THE FOURTH FROM THE BOTTOM. AH, ALL IN LIFE SAFETY. LET'S FLIP TO THAT AND SEE IT. I BELIEVE WHAT THAT IS TALKING ABOUT AS IF THERE IS AN EXISTING SITE, UM, THEY STILL HAVE TO CONFORM TO CURRENT CODE REQUIREMENTS. OKAY. FROM A SAFETY STANDPOINT. MM-HMM. , I GUESS THE ONLY OTHER QUESTION, I KNOW THERE WAS A LOT OF TALK AT THE LAST TWO MEETINGS ABOUT LIKE THE WORST CASE SCENARIO AND THE APPLICANTS ARE COMING WITH WHAT THEY THINK IS THE WORST CASE. WHAT EXACTLY ARE WE DEFINING AS THE WORST CASE? ALL OF THEM GO ON FIRE. SO, SO THAT'S A GOOD QUESTION. AND, AND REALLY TYPICALLY NO, YOU'RE NOT GONNA LOOK AT EVERY SINGLE UNIT GO ON FIRE, UM, BECAUSE THAT, THAT'S NOT POSSIBLE TO HAPPEN. MAYBE IN SOME SORT OF STRANGE WORLD IT IS POSSIBLE, BUT THEY, THEY'RE BUILT SO THEY DON'T CATCH THE NEXT ONE ON FIRE. RIGHT. UM, AND SO THE WORST CASE SCENARIO IS AN ENTIRE UNIT GOES UP AND THEN THE WEATHER CONDITIONS, AND OBVIOUSLY WE WOULD CONSULT WITH THE PLUME MODEL CONSULTANTS WHO ARE, WHO WOULD BE THE EXPERTS ON WHAT IS THE WORST CASE WEATHER SCENARIO FOR THAT. GOTCHA. I, THE ONLY OTHER THING I AGREE WITH YOUR COMMENT ABOUT JUST NOT PUTTING IT TOO CLOSE TO SCHOOLS, BUT IF Y'ALL, IF THAT'S FACTORED IN WITH THE, THE STUDIES, THEN THAT KIND OF COVERS THAT BASE. 'CAUSE YOU DON'T WANNA PUT IN A, A NUMBER AND THEN EVERYONE THINKS IT'S GONNA BE THAT'S WHAT WE HAVE TO ACHIEVE. AND MAYBE IT HAS TO BE FURTHER AWAY THAN THAT. CORRECT. AND THERE'S DIFFERENT TECHNOLOGIES WITH THESE BEST SITES. SOME, YOU KNOW, THE DANGER MAY BE 30 FEET, SOME IT MAY BE 300 FEET. SO THAT'S WHAT THOSE STUDIES WILL TELL US. MM-HMM. , I SHOULD HAVE, I SHOULD HAVE ASKED MINE FIRST BECAUSE THEY, THEY, THEY'VE ASKED ALL MY QUESTIONS THAT I'VE WORKED SO HARD COMING UP WITH GOOD QUESTIONS, BUT I, ANYWAY, UM, GETTING BACK TO THE 200 FEET AND, AND THE, THE DISTANCE FROM THE, THE, UH, SCHOOLS, IS THAT YOU, YOU MENTIONED THE EXISTING TWO APPLICATIONS THAT WE HAVE BEFORE US RIGHT NOW, DO, DO ALL, DO THOSE TWO CONFORM TO THESE REQUIREMENTS? YES, SIR. NONE OF, NONE OF THE APPLICATIONS WE'VE RECEIVED ARE 200 FEET FROM A RESIDENTIAL ZONED PROPERTY. OKAY. SO, UH, THE 200 FEET AND THE, AND THE DISTANCE FROM THE SCHOOL, IS THAT DRIVEN BY WHAT WE HAVE BEFORE US? OR IS THAT, IS THAT JUST A A, IS THAT A NO, SIR. SO THE, A GOOD NUMBER, THE 200 FEET IS, UM, FROM THE NFPA REGULATIONS, EXCUSE ME. AND THAT NUMBER IS THE NUMBER THAT REQUIRES AN EVACUATION OF THAT BUILDING IF IT'S WITHIN 200 FEET AND THERE'S AN EVENT. AND SO ANYTHING BEYOND THAT DOES NOT REQUIRE THAT. SO WE JUST TOOK THAT AS A BASE NUMBER OF 200 FEET. AND THEN IF WE HAVE DATA SHOWING THAT THERE'S ANY DANGER BEYOND THAT, WE WILL INCREASE THAT SETBACK BASED ON THAT DATA THAT WE RECEIVE. OKAY. THAT, THAT SEEMS TO BE THE, THE BIGGEST ISSUE THAT, THAT I HEARD AT, AT THE LAST COUNCIL MEETING AND, AND SOME OF THE OTHER PUBLIC MEETINGS THAT, THAT, THAT WE'VE ATTENDED IS THE DISTANCE, UH, BETWEEN THE FACILITY AND THE, AND THE, UH, RESIDENCES. YES, SIR. SO IF, IF THAT'S STANDARD AND YOU DON'T FEEL LIKE THAT'S A BIG, BIG PROBLEM, THEN I CAN PROBABLY LIVE WITH IT. BUT I, YOU KNOW, UH, AND COUNCILMAN TRESSLER ONE, ONE OTHER THING BROUGHT UP THE, UM, ABILITY OF THE, UH, USER OR BUSINESS OR WHOEVER IT IS THAT, UH, TO, TO MEET THE MONETARY REQUIREMENTS TO MAKE THINGS RIGHT. IE THE, THE, UH, UH, UH, THE PEOPLE THAT WE GO OUT TO, TO GET THEIR ADVICE AND, AND THE EXPERTS AND ALL OF THAT KIND OF STUFF. DO WE GET THE MONEY UP FRONT FOR THAT? YES, SIR. SO WE WILL, WE WILL HAVE THE SERVICE COMPLETED AND THEN WE WILL BILL THE APPLICANT PRIOR TO MOVING THEIR APPLICATION FORWARD. SO, UM, WE CAN'T BILL THEM PRIOR TO GETTING IT BECAUSE WE DON'T HAVE THE COST THAT IT'S DONE, BUT WE'LL GET IT BEFORE ANY APPLICATION MOVES FORWARD. YES, SIR. WELL, IF THEY'VE GOT IT AND THEY'RE, AND THEY'RE WILLING TO PAY IT, YOU KNOW, THEY MAY, MAY NOT LIKE THE RESULTS OF THE, OF THE STUDY. SO THAT WOULD, THAT WOULD BE MY, ONE OF MY QUESTIONS. YES, SIR. WE'LL, WE'LL ENSURE THAT, UM, WE'RE, WE'RE REIMBURSED, UM, ON ALL COSTS THAT WE INCUR. YEAH. OKAY. GO AHEAD, FRANK, DO YOU HAVE ANYTHING? UM, NO, NO, OTHER THAN I, I THINK Y'ALL HAVE DONE A GOOD JOB OF PUTTING [00:40:01] THIS ORDINANCE TOGETHER. UH, MY ISSUES HAVE TO DO WITH ENERGY POLICIES OF THE STATE AND THE FEDERAL GOVERNMENT, WHICH HAVE NOTHING TO DO WITH THIS ORDINANCE. UM, SO FROM FROM THAT PERSPECTIVE, I THINK Y'ALL HAVE DONE A GOOD JOB OF TRYING TO ADDRESS THE CONCERNS AND THE ISSUES BROUGHT FORWARD. OKAY. UH, CHRIS, A COUPLE OF THINGS. FIRST OF ALL, I THINK IT'S REALLY IMPORTANT THAT WE HAVE AN ORDINANCE IN PLACE SO THAT WE HAVE A FRAMEWORK FOR, UH, REGULATING THESE INSTALLATIONS. UH, IT IS INTERESTING THAT ONE IS EXISTED HERE FOR A COUPLE OF YEARS WITHOUT INCIDENT. UM, BACK TO THAT NON-CONFORMING CLAUSE, DOES THAT MEAN THAT THAT FACILITY, SINCE IT'S CONSIDERED NON-CONFORMING, UH, WOULD BE SUBJECT TO SOME OF THESE REGULATIONS IN THIS ORDINANCE? OR WOULD IT BE TOTALLY GRANDFATHERED AND CAN DO WHATEVER IT WANTS TO DO? SURE. YEAH. SO THE NFPA HAS SOME LANGUAGE IN THERE THAT BASICALLY SAYS THAT THERE ARE SOME THINGS THAT WE CAN ENFORCE ON EXISTING FACILITIES THAT WERE BUILT BEFORE THE REQUIREMENTS CAME INTO PLAY. UM, IT'S MOSTLY FIRE RELATED ITEMS. I DON'T KNOW. UM, JEFF OR CHIEF, Y'ALL WANNA SPEAK TO THAT CLAUSE IN THERE? GOOD EVENING COMMISSIONERS. I'M CHIEF LUGO FOR THOSE THAT HAVEN'T MET ME YET. UM, BUT FOR YOUR QUESTION SPECIFICALLY, WE DID PUT IN OUR ORDINANCE IF THEY DO A 25% OR MORE, UH, ADDITION CHANGE TO THE STRUCTURE, ADDING THE BATTERIES, ANYTHING OF THAT NATURE THAT THEY HAVE TO ACTUALLY CONFORM TO THEIR MOST CURRENT CODE STANDARDS, UM, THAT WE HAVE ADOPTED. UH, FOR THAT REASON, THIS FACILITY THAT'S BEEN THERE FOR A COUPLE YEARS ALREADY, WE KNOW THEY'RE EVENTUALLY GONNA HAVE TO REPLACE BATTERIES JUST BECAUSE OF THE NEW TECHNOLOGY THAT'S OUT THERE AND, YOU KNOW, DRAINAGE ON THE BATTERIES THEMSELVES. SO AT THAT POINT, THEY MEET THAT 25% THRESHOLD, THEY'LL THEN HAVE TO REEVALUATE, SEE WHAT STANDARDS THEY'RE NOT COMPLYING WITH AND COME UP TO THOSE STANDARDS. 'CAUSE SOME THINGS WE HAVE TO LOOK AT ARE THE, UH, CONTAINERS THAT THEY'RE BUILT, HOW THEY'RE BUILT, YOU KNOW, THEIR BLAST RADIUS. UM, PLUS ALL THE OTHER SAFETY FACTORS THAT WE HAVE IN THERE. THAT WAS ONE OF OUR BIGGER CONCERNS IS MAKING SURE THAT THEY ARE ALWAYS KEEPING UP WITH THE CODES. SO WE DON'T HAVE ANY PROBLEMS IN THE FUTURE. AND WHILE WE'RE ON THAT TOPIC, DURING THE TIME THAT THEY'VE BEEN IN IN EXISTENCE, HAVE THERE BEEN ANY, UH, SAFETY ISSUES THERE? FOR THIS TYPE SPECIFICALLY? I DO NOT HAVE ANY KNOWLEDGE OF ANY RESPONSES THERE. OKAY. THANK YOU. MM-HMM, . UM, AND CHRIS, I HAVE ANOTHER QUESTION FOR YOU. UH, WHAT EXACTLY DOES, UH, THAT SECTION THAT SAYS PAYMENT IN LIEU OF TAXES AGREEMENT, WHAT, TELL ME WHAT THAT MEANS. YES, MA'AM. SO WHENEVER WE WERE INITIALLY TALKING TO THESE APPLICANTS, UM, ONE OF THE TOPICS THAT BROUGHT UP, THEY GOT BROUGHT UP WAS THE DEPRECIATION OF VALUE OF THESE. AND SO, YOU KNOW, THEY SHOWED A REALLY STARK DEPRECIATION FROM YEAR ONE TO YEAR 20. UM, IT WAS ALMOST 15% PER YEAR. AND SO ENTERING INTO AN AGREEMENT WITH COUNCIL CAN CAPTURE THAT LOST REVENUE, UM, BASED ON THE DEPRECIATION. AND INSTEAD OF PAYING A TAX, THEY WOULD PAY US A DOLLAR AMOUNT EACH YEAR. UM, THAT WOULD BE DETERMINED BY COUNCIL APP, UM, YOU KNOW, SIMILAR TO A TAX. UM, BUT IT, WE WOULD HAVE CONTROL OVER THE DEPRECIATION, ESSENTIALLY, OF THOSE FACILITIES OR THE POTENTIAL DEPRECIATION OF THEM. SO WE WOULDN'T LOSE TAX REVENUE OVER THE YEARS. OKAY. THAT'S INTERESTING. UH, WELL, THANK YOU. WELL, UH, AGAIN, I THINK WE DEFINITELY NEED AN ORDINANCE IN PLACE. WE NEED A FRAMEWORK, WE NEED MINIMUM STANDARDS, UM, LOCATION'S, THE KEY. SO I'M CERTAINLY IN FAVOR OF THE ORDINANCE AND THANK YOU FOR ALL YOUR HARD WORK PUTTING TOGETHER. THANK YOU. ONE MORE QUESTION. UM, YOU PRESENTED US WITH THREE AND A HALF PAGES OF, UH, RESPONSES FROM THE RESIDENTS. YES, SIR. DO YOU FEEL LIKE THE, THE, THAT HAS BEEN INCORPORATED IN THE ORDINANCE SUFFICIENTLY AND, AND IT WOULD SATISFY THE PEOPLE THAT THAT ASKED FOR IT TO BE CONSIDERED? SO I CAN'T SPEAK TO WHETHER IT WILL SATISFY THEM, BUT I THINK, UM, A LOT OF THE THINGS THAT THEY BROUGHT UP ARE PARTS OF ALREADY, UM, CODIFIED CODES LIKE THE NFPA AND THE IFC AND, UM, THAT RESPONSE KIND OF DETAILS HOW EACH ONE OF THOSE ITEMS ARE ALREADY ADDRESSED. THERE WERE SOME ITEMS THAT WE TOOK OUT OF THERE AND ACTUALLY ADDED INTO THE ORDINANCE. RIGHT. I MEAN, AND THAT'S NOTED ON THAT RESPONSE. SO, UM, FROM STAFF'S PERSPECTIVE, WE BELIEVE THAT THE QUESTIONS WERE ANSWERED. [00:45:02] WELL, I'M WITH, I'M WITH FRANK. I, I APPRECIATE THE COUNSEL, UH, ACTUALLY TAKING THE, THE ACTION THAT THEY DID BECAUSE THAT'S EXACTLY WHERE WE WERE AT, OR WHEN WE LOOKED AT, AT THESE ISSUES, UM, LAST MONTH OR WHENEVER IT WAS, WE, WE JUST HAD NO DIRECTION AT ALL. AND WE ASKED FOR SOME DIRECTION. AND I THINK THEY, THEY HAVE PROVIDED THAT, UH, FOR US AND FOR YOU AND, AND, UH, WE HAVE SOMETHING TO GO BY NOW AS FAR AS, UH, AND WE'RE GONNA LEARN AS WE GO ALONG. WE'RE, IT, IT'S, IT'S PROBABLY A LEARNING PROCESS. I DON'T THINK WE HAVE ANY THAT MANY EXPERTS IN THIS PARTICULAR AREA. UM, BUT WE'LL, UH, WE'LL GET THERE, I THINK. DID ANYBODY ELSE HAVE ANY QUESTIONS OF STAFF? THE PROPOSAL IS THAT THE STAFF HAS, HAS RECOMMENDED, UM, THAT THE ORDINANCE AS PRESENTED TO US TONIGHT BE, UH, APPROVED AND, UH, I ASSUME, UH, APPROVED. YES, SIR. RECOMMEND APPROVAL AND BE PRESENTED TO, UH, CITY COUNCIL FOR FINAL APPROVAL ON THEIR BEHALF. THEY'LL HAVE A, THEY'LL HAVE A CITY, UH, PUBLIC HEARING AS WELL, RIGHT? YES, SIR. THE, THE PUBLIC HEARING IS SCHEDULED FOR NEXT TUESDAY, THE 25TH, UM, AT THE CITY COUNCIL MEETING. OKAY. ANY OTHER QUESTIONS THAT BE THE CASE THEN WE'LL ENTERTAIN A MOTION. MOTION TO APPROVE. WE HAVE DR. PROPS IS, UH, MOVED FOR APPROVAL. SECOND AND RUTH, GO TO SECOND. ANY FURTHER DISCUSSION QUESTIONS? ALL IN FAVOR SAY AYE. AYE. AYE. OPPOSED? NAY. MOTION CARRIED. GOOD. STAFF [5. Staff Comments ] COMMENTS? YES, SIR. MY, MY ONLY COMMENT TODAY WAS, UM, WHAT I JUST SAID, THAT, THAT THIS WILL BE ON THE NEXT CITY COUNCIL AND MEETING, UM, NEXT TUESDAY, SIX O'CLOCK THERE WILL BE A PUBLIC HEARING, SO THERE'LL BE ANOTHER CHANCE FOR ANY INTERESTED PARTIES TO SPEAK AT THAT TIME. THAT'S ALL I HAVE. GOOD. THANK YOU. THAT WAS RINGING IN MY EAR. NOT ONLY MR. CHAIRMAN MICROPHONE. THANK GOD, I, I'VE ONE GO FOR IT. UH, I BROUGHT THIS UP AT OUR LAST MEETING. I JUST WANNA BE SURE, UH, I GUESS THIS IS MR. SIM'S DEPARTMENT, BUT I WANNA MAKE SURE THAT, UM, MEMBERS OF THIS COMMISSION GET THE CAPITAL RECOVERY PLAN IN PLENTY OF TIME TO REVIEW IT AND NOT JUST ON FRIDAY BEFORE THE MEETING ON MONDAY. 'CAUSE IT IS COMPLICATED. AND, UH, DO YOU HAVE ANY WORD ON THAT? I DO, NOT SPECIFICALLY, BUT I WILL MAKE SURE, UM, TO GET MR. SIMS TO RESPOND TO THAT. OKAY. AND I'M SURE IF Y'ALL ASKED HIM TO, HE WILL. OKAY. THANKS. SO ALL OF THESE, UM, STUDIES AND, AND THINGS ARE GONNA BE DONE BEFORE IT COMES TO US. IS THAT GOING FORWARD? IS THAT WHAT YOU ASKED? YEAH, I THINK SHE'S ASKING FOR MORE ADVANCED NOTICE. UM, RATHER THAN JUST THE TYPICAL AGENDA TIMEFRAME. EXACTLY. THAT'S KIND OF WHAT I'M SAYING. SO I'LL, I'LL, I'LL CONFIRM WITH SIMS THAT UM, HE'LL GIVE YOU ALL SOME MORE ADVANCED NOTICE. I'LL FOLLOW UP WITH YOU MS. MS BECAUSE IF IT JUST COMES OUT ON FRIDAY, WE CAN'T POSSIBLY TAKE ANY ACTION ON IT ON MONDAY. IT'S NOT ENOUGH TIME. UNDERSTOOD. I AGREE. VERY GOOD. ANYTHING ELSE? MARK? YOU GOT ANYTHING FROM FLORIDA? OKAY, VERY GOOD. OKAY, AT, UH, SIX 50. WE'LL, UM, ENTERTAIN A MOTION FOR ADJOURNMENT. MOTION GOT ONE SECOND. GOT A SECOND ON TODAY. FIRST SAY AYE. AYE. OPPOSED NAY. AND WE ARE ADJOURNED AT SIX 50. * 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.