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WHITE.[Planning Commission Regular Meeting on January 14, 2026.]
MR. ROGERS, ABSENT.UM, SO WE HAVE, UM, YOU HAVE ANY CHANGES OR ADDITIONS TO THE AGENDA? I'M SORRY.
ANYBODY HAVE ANY ADDITIONS OR, I DO NOT.
WE GET A MOTION TO ACCEPT THE, UM, AGENDA AS WRITTEN.
WE ACCEPT THE AGENDA IS WRITTEN.
MOVE ON TO ELECTIONS OF CHAIR AND VICE CHAIR, MR. SO, YEAH.
TYPICALLY DURING THE FIRST MEETING OF THE, UH, OF THE YEAR, THIS, THE STAFF, UM, HANDLES THIS PORTION OF IT.
I'M THE DEPUTY COUNTY ADMINISTRATOR FOR COMMUNITY AND ECONOMIC DEVELOPMENT.
AND, UH, YOU KNOW, AT THIS TIME WE DO NEED TO ELECT THAT CHAIR AND VICE CHAIR.
THE, UH, CHAIR FOR 2025 WAS MRS. UH, WINGFIELD, AND THE VICE CHAIR WAS MR. PETIT.
SO WHAT WE'RE GONNA DO AT THIS TIME IS OPEN THE FLOOR FOR NOMINATIONS FOR THE POSITION OF PLANNING COMMISSION CHAIR FOR 2026.
SO THERE IS A NOMINATION FOR, UM, UH, MRS. WINGFIELD TO BE THE CHAIR FOR 2026.
ARE THERE ANY OTHER NOMINATIONS FOR CHAIR? HEARING NONE.
THE FLOOR IS CLOSED FOR, UH, NOMINATIONS FOR CHAIR.
ALL IN FAVOR OF ELECTING MRS. WINGFIELD AS CHAIR FOR THE 2026, UH, UH, CALENDAR YEAR PLANNING COMMISSION CHAIR PLEASE SIGNIFY BY SAYING AYE.
DO YOU WANT ME TO DO THE VICE CHAIR AS WELL? SURE.
SO AT THIS TIME, WE WILL OPEN THE FLOOR FOR NOMINATIONS FOR THE POSITION OF PLANNING COMMISSION, VICE CHAIR FOR 2026.
ARE THERE ANY NOMINATIONS? I'M NOMINATING MR. PETIT.
SO WE HAVE, UH, ONE NOMINATION FOR VICE CHAIR.
ARE THERE ANY OTHER NOMINATIONS FOR VICE CHAIR FOR 2026? HEARING OR SEEING NONE? THE FLOOR IS CLOSED FOR, UH, VICE CHAIR.
WITH THAT BEING SAID, ALL IN FAVOR OF ELECTING MR. PETIT AS THE VICE CHAIR FOR 2026, PLEASE SIGNIFY BY SAYING AYE.
CONGRATULATIONS, MR. CHAIRMAN.
CHAIRMAN WINFIELD AND VICE CHAIR PADDOCK.
SO I WILL GO AHEAD AND TURN THE MEETING BACK OVER TO YOU ALL.
UM, WELL, UH, WOULD ANYBODY WE'LL GO TO THE MINUTES.
DOES ANYBODY HAVE ANY CORRECTIONS FOR THE DECEMBER 10TH, 2000, 25 MINUTES? OKAY.
A MOTION IS SECOND TO ADOPT AS WRITTEN.
OPPOSED? MOVE TO PUBLIC COMMENT, PERIOD.
HAS ANYBODY SIGNED UP? ALL RIGHT.
WOULD YOU LIKE TO ON, ON THE, UH, BATTERY STORAGE UNITS? OKAY.
WE'LL GET TO THE PUBLIC HEARING.
ANYTHING YOU WANNA TALK ABOUT? ALL RIGHT.
WE'LL CLOSE THE PUBLIC COMMENT.
AND WE HAVE NO OLD BUSINESS OR NEW.
WE'LL MOVE ON TO THE PUBLIC HEARING FOR FISCAL YEAR 2027 TO 31.
CAPITAL IMPROVEMENT PLAN WILL OPEN THE PUBLIC HEARING.
SO, UH, AGAIN, LEAD PAM, A DEPUTY COUNTY ADMINISTRATOR FOR COMMUNITY AND ECONOMIC DEVELOPMENT.
THIS IS YOUR PUBLIC HEARING FOR THE, UH, FOR THE FISCAL YEAR 27 TO 31.
UH, CAPITAL IMPROVEMENT PLAN AS WE HAD LAST MONTH, UH, AVAILABLE.
THE FINANCE DIRECTOR LESLIE LEWIS, AND THE OTHER DEPUTY COUNTY ADMINISTRATOR FOR PUBLIC WORKS STUART HALL, AS MOST OF THE CIP, UH, KIND OF CENTER CENTERS AROUND HIS DEPARTMENT WITH THE, WITH MAJOR, UH, PROJECTS.
SO, UH, WITH THAT BRIEFING FROM LAST MONTH, YOU WERE PROVIDED AGAIN WITH THE, UH, WITH THE, UH, CIP AND LESLIE, UH, OR, UM, UH, MRS. LEWIS HAS A, UH, A PRESENTATION TO MAKE FOR THE CIP.
SO I'LL JUST GO AHEAD AND, UH, TURN THE FLOOR OVER TO YOU.
GOOD EVENING, MADAM CHAIR OF THE COMMISSION.
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LIKE TO PRESENT ANOTHER PRE PRESENTATION FOR THE PUBLIC HEARING OF THE 2027 THROUGH 2031 CAPITAL IMPROVEMENT PLAN.WHAT IS THE CIP WHAT IS IT USED FOR? WHAT'S THE COMMISSION'S ROLE IN THE CIP? AND AFTER I'M DONE, I HAVE MR. STEWART HALL WHO WILL ANSWER ANY QUESTIONS YOU MAY HAVE IN THE DEFINITION.
WE ALL KNOW A CIP IS A LONG RANGE PLANNING TOOL USED TO SCHEDULE ANTICIPATED CAPITAL PROJECTS AND COORDINATE HOW THEY WILL BE FUNDED.
TYPICALLY, A CIP WILL COVER A PERIOD OF FIVE YEARS, HOWEVER, IT'S SUBJECT TO CHANGE AS THE NEEDS OF THE COMMUNITY CHANGE AND ITS FUNDING OPPORTUNITIES PRESENT PROJECT ELIGIBLE TO BE CONSIDERED IN THE CIP ARE THOSE WHICH HAVE A LIFE OF LONGER THAN THREE YEARS GENERALLY AND COST THE COUNTY OF A MINIMUM OF 50,000 OR MORE.
UM, THE REASON WE HAVE THE CIP IS TO GUIDE IN THE EXCEPTION OF PROPERTIES FOR PROVIDING A LISTING OF COMMUNITY PROJECTS TO CHOOSE FROM TO ENSURE CAPITAL PROJECTS SUPPORT THE COUNTY'S COMPREHENSIVE PLAN, AND TO MAKE EFFORTS TO PLAN AHEAD TO MEET THE CAPITAL NEEDS OF THE COMMUNITY AND TO INFORM THE COMMUNITY.
AND MOST IMPORTANT, IF WE NEED TO PLAN FOR FINANCING, WE TO MAKE THOSE FINANCING AVAILABILITY TO US.
CAPITAL PROJECTS TYPICALLY INCLUDE, UM, FACILITY CONSTRUCTION, MAJOR EQUIPMENT INFRASTRUCTURE SOFTWARE, INCLUDING THE IMPLEMENTATION COSTS AND THE ROLE OF THE PLANNING COMMISSION IN THE CIP.
THE PLANNING COMMISSION'S ROLE HAS BEEN AND IS TO ENSURE THE CAPITAL PROJECTS PROPOSED ARE IN CONSISTENT WITH THE COMPREHENSIVE PLAN.
THE BOARD OF SUPERVISORS ADOPT THE CIP AS PART OF THE YEARLY ANNUAL PHYSICAL PLAN OR THE BUDGET PROCESS.
THE COMMISSION MAY WANT TO COMMUNICATE WHICH PROJECTS IT FEELS ARE THE MOST IMPORTANT FOR THE PERSPECTIVE OF THE COMPREHENSIVE PLAN.
IF SO, USUALLY A MEMO IS PROVIDED TO THE BOARD OF SUPERVISORS FROM THE COMMISSION.
AND OF COURSE, THE COMMISSION MAY ALSO SUGGEST PROJECTS THAT ARE, ARE NOT ALREADY LISTED IN THIS PLAN.
AND I'M SORRY, THIS IS KIND OF FUZZY, BUT IF YOU NOTICE IN THE CENTER, THE GREEN, THEY ARE THE NEW TO THE CIP PLAN THE FIRST TIME THEY'VE EVER BEEN ON THE CIP PLAN.
AND THEN THE CENTER NEAR THE BOTTOM, YOU'LL SEE THE MODIFIED, THESE ARE PROJECTS THAT WERE ON PREVIOUS CIP PLANS, BUT FOR WHATEVER REASON HAVE BEEN MODIFIED.
AND IT'S AN EXPLANATION IN THE NOTES AND THE LAST PAGE, OR THE CIP FROM PREVIOUS YEARS THAT HAVE BEEN DELETED.
AND THIS COULD BE THAT THEY'RE NO LONGER NEEDED OR THAT WE'VE ALREADY FUNDED, UM, IN THE CURRENT FISCAL YEAR BUDGET.
AND NOW I WILL OPEN IT UP TO MR. STEWART HALL IF YOU HAVE ANY QUESTIONS.
ANY QUESTIONS? I I GUESS I HAVE ONE, UH, QUESTION CONCERN AT THE KIND OF POSITION ON, UH, THE SEWER SYSTEM, HOW FAR ARE THE STEPS OF BEING TAKEN TO, UH, EXTEND THE SYSTEM? OR JUST WHERE ARE WE WITH, UH, WE TALKING ABOUT THE, THE NEW RP OR, UM, NOW, EXCUSE ME.
ARE YOU TALKING ABOUT THE, UM, THE MAIN HRD LINE TRANSMISSION LINE THAT RUNS UP THE HIGHWAY? I WAS WONDERING WHAT'S NEXT, I GUESS IS REALLY WHAT MY QUESTION WAS.
YEAH, SO RIGHT NOW WE'RE LOOKING AT THE, THE NORTHERN PART OF MACK COUNTY UP AROUND THE WATVILLE ATLANTIC, UH, NASA AREA UP IN THERE.
OF COURSE, AS YOU'RE AWARE, UM, VIRGINIA SPACE HAS A LOT OF ACTIVITIES GOING ON UP THERE.
THEY'RE GONNA HAVE A NEED FOR, UM, SEWER WELL AND WATER.
UM, THEY HAVE A SMALL SYSTEM, WHICH THE, UM, I BELIEVE IT'S ROCKET LAB THERE ON THE, ON THE ROAD TO THE ISLAND.
UM, THEY HAVE A SMALL SYSTEM THERE.
I THINK IT WAS DESIGNED FOR LIKE 250, UM, STAFF.
UM, AND I THINK IT'S BEEN BUILT OUT FOR ABOUT A HUNDRED STAFF RIGHT NOW, BUT WE KNOW THEY'RE GONNA NEED SOME THINGS IN THE FUTURE.
AND OF COURSE, HOUSING'S BEEN AN ISSUE FOR THE COUNTY AND WHERE ARE THE WORKERS GONNA LIVE AND, AND THAT TYPE OF THING.
SO WE HAVE, UM, KIMLEY HORN, A CONSULTANT FOR THE COUNTY IS DOING, UM, A, UM, LOOKING AT PROJECTIONS AND WHAT A FEASIBILITY MIGHT BE, UH, FOR A FACILITY UP IN THAT AREA.
ONE OF THE THINGS THAT WE THINK AFFECTS HOUSING AND AFFORDABILITY ISSUE IS THE AVAILABILITY OF, UH, A SEWER THAT'S, UH, AFFORDABLE.
YOU KNOW, THE ALTERNATIVE SYSTEMS ARE AVAILABLE, BUT THE ANSWER SEEMS TO BE SOME TYPE OF CENTRAL.
SO, UH, IS THE COUNTY CON, UH, CONSIDERING IN, IN, AND HOW THAT MIGHT AFFECT HOUSING, WHAT A SEWER SYSTEM PLAN DOES? CERTAINLY, CERTAINLY.
THE, UM, THE C**K PLANT, UH, WHICH IS BEING OPERATED BY HRSD,
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NOW, WE HAVE AN ALLOCATION FOR THAT PLANT.UM, WITH THE PROJECTS THAT HAVE ALREADY BEEN INITIATED AND OR SOME, SOME STEP ALONG THE WAY, UH, THAT ALLOCATION'S PRETTY MUCH GONE.
AND WITH OUR EXISTING CUSTOMERS AND RIVERSIDE HOSPITAL, WE'RE AT ABOUT 50.
UH, BUT WE HAVE, YOU KNOW, A NUMBER OF UNDEVELOPED LOTS IN THE INDUSTRIAL PARK AT MALFA.
WE HAVE, UM, CHESAPEAKE SQUARE SHOPPING CENTER.
THEY'RE NOT ONLINE YET, BUT THEY DONATED THE LAND WHERE THE PUMP STATION IS CITED NOW.
AND WE HAVE SEVERAL, WELL, AS YOU'RE AWARE, WE HAVE SEVERAL DEVELOPMENT PROJECTS IN THAT AREA.
UM, THE GROVE THERE BEHIND ONLY TOWN CENTER, UM, COASTAL, UM, SQUARE IN RESIDENCES, THE, UM, COMMONWEALTH SENIOR LIVING THERE BY NA, UH, BY C**K, UM, AND SOME OTHER SMALLER ONES.
BUT THAT 187,000 IS PRETTY MUCH ALL, ALL USED.
NOW, IT DOESN'T MEAN THE OTHER AREAS CAN'T HAVE PUBLIC OR PRIVATE SEWER.
THERE'S OTHER OPTIONS GONNA HAVE TO BE LOOKED AT.
UM, AS YOU'RE AWARE, THAT PLANT IN C**K NOW IS GETTING SEWAGE ALL THE WAY FROM ANTICS AND, YOU KNOW, IT'S, IT'S PERMITTED 750,000 GALLONS.
THAT COULD BE INCREASED BECAUSE IT'S, UH, DISCHARGING TO A TRIBUTE AIR OF CHESAPEAKE BAY.
AND, UM, UH, MOST FOLKS THINK IT PROBABLY WOULD BE VERY HARD TO INCREASE THAT PERMIT.
SO, YOU KNOW, IT MEANS OTHER FACILITIES AND OPTIONS, WHICH IS WHAT WE'RE LOOKING AT UP IN THE NORTHERN PART OF THE COUNTY, UH, SOMETHING ELSE TO, UM, HELP OUT UP THERE.
SO WHEN YOU MEAN ALLOCATED 180? YEAH.
SO IF, SAY SOME BIG DEVELOPMENT NEVER HAPPENS MM-HMM
IT COULD BE A DEALLOCATED AND IT'S, IT, IT IT IS A DYNAMIC TYPE OF A THING.
HRD HAS TOLD US THAT, BUT THEY HAVE TO START WITH SOMETHING.
AND THERE'S, UM, BESIDES AKIMA COUNTY, THERE'S FIVE INCORPORATED TOWNS THAT ARE PARTNERS IN THE PROJECT TOWN OF, UM, C**K HAS THEIR ALLOCATION, OF COURSE, THAT'S WHERE THE PLAN ORIGINATED, AND THEY OWN THE ASSETS.
UM, THEN THERE'S FIVE OTHER TOWNS, UM, TOWN OF MACK, TOWN OF
IT'S, IT'S LOOSELY BASED ON POPULATION AND THAT, UM, SO AS SOME PROJECTS FALL OUT, OTHERS CAN COME BACK IN.
SO, BUT IT, IT IS A BASIS AND WE HAVE TO HAVE THE UNDERSTANDING THAT WE CAN'T SEWER ALL OF OMA COUNTY THROUGH ONE PLANT THAT'S BEING SHARED BY SIX DIFFERENT LOCALITIES.
DO YOU ACTUALLY KNOW THE PERCENTAGE THAT ACTUALLY IT'S BEING USED TO? LIKE MM-HMM
YEAH, WE'RE AROUND 50,000 GALLONS AND YOU KNOW, GOSH, A THIRD TO A HALF OF THAT IS FROM THE HOSPITAL ALONE, SO.
ANY OTHER QUESTIONS? ALL RIGHT.
WELL, IF THE OLD MACK LIBRARY IS GONNA COST $125,000 TO FIX THEIR SIX SEPTIC SYSTEM, I MEAN, IT'S GONNA BE UNSUSTAINABLE GOING FORWARD.
DO, UH, NO OTHER QUESTIONS AS, UH, ANYBODY WANNA MAKE A MOTION ON THE, OH, I'M SORRY.
THAT'S NOT, UM, I'M GONNA OPEN UP TO PUBLIC COMMENT.
HAS ANYBODY SIGNED UP FOR THE PUBLIC HEARING? ALL RIGHT.
WE'LL CLOSE THE PUBLIC COMMENT PERIOD.
NO OTHER QUESTIONS OR ANYTHING.
I MAKE A MOTION WE ACCEPT THE CAPITAL PR PLAN AS PRESENTED.
SO THAT'LL BE A RECOMMENDATION TO THE BOARD OF SUPERVISORS TO APPROVE.
WE CAN MOVE ON TO THE AMENDMENTS TO DAC COUNTY CODE 1 0 6 ZONING TO REGULATE BATTERY ENERGY STORAGE FACILITIES.
UH, THANK YOU MADAM CHAIR AGAIN, LEE, PAM AND DEPUTY COUNTY ADMINISTRATOR.
AND THIS IS AN, THIS IS A TOPIC THAT WE'VE BEEN BRIEFING THE PLANNING COMMISSION ON FOR THE PAST TWO OR THREE MONTHS.
AND, UM, OUR, OUR MOST RECENT DISCUSSIONS CENTERED AROUND A COUPLE OF, UH, A COUPLE OF ITEMS. SO THE PLANNING COMMISSION HAD QUESTIONS ABOUT, UH, ABOUT WHERE DID THE 200 FOOT SETBACK COME FROM.
AND THEN THE OTHER QUESTION WAS WITH REGARDS TO, YOU KNOW, BETWEEN WHAT FEATURES DO YOU MEASURE THAT SETBACK? SO I'LL COVER THE ORIGIN OF THE 200 FOOT SETBACK.
NOW, WE CHECKED, UM, UH, NFPA 8 55, WHICH IS THE STANDARD FOR THE INSTALLATION OF STATIONARY ENERGY
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STORAGE SYSTEMS. UH, WE ALSO HAD, UM, UH, THE DEPARTMENT OF PUBLIC SAFETY TAKE A LOOK AT THIS AS WELL.BUT WE BOTH, UH, YOU KNOW, WE, WE, WE GENERALLY AGREE THAT OUT OF THAT PRO OUT OF PROVISION G 10 84, WHICH IS ENTITLED EVACUATE AREA, AND YOU HAVE THIS, UH, LANGUAGE IN YOUR STAFF REPORT, IT ESSENTIALLY READS THAT, UH, UH, THE NFPA RECOMMENDS EVACUATING BILLINGS WITHIN A 200 FOOT DIAMETER OF THE BATTERY ENERGY STORAGE SYSTEM.
THERE IS POTENTIAL FOR DAMAGE TO GLASS AND WINDOWS AND STRUCTURE, UH, DEPENDING ON THE DISTANCE FROM THE SITE.
EACH HAZARD WILL BE DIFFERENT BASED ON THE, UH, ON THE STATE OF THE CHARGE AT THE TIME OF THE EVENT.
SO, UH, WE, WE HAD A HIGH, UH, CONFIDENCE THAT THIS IS WHERE THE 200 FOOT, UH, SETBACK CAME FROM.
THIS 200 FOOT SETBACK WAS PROPOSED IN THE, YOU KNOW, WHEN WE FIRST BROUGHT THIS TO YOU, UH, I WANNA SAY BACK IN, UM, UH, OCTOBER OR NOVEMBER, BUT THAT 200 FOOT SETBACK HAS REMAINED CONSISTENT THROUGHOUT ALL THE DIFFERENT BRIEFINGS.
AND, UH, STAFF FELT THAT IT WAS A REALLY GOOD QUESTION TO ASK, WELL, WHERE DOES THAT 200 FOOT, UH, COME FROM? WHAT PROFESSIONAL OR INDUSTRY STANDARD GAVE RISE TO THIS? AND WE HAVE IDENTIFIED THAT, UH, THAT SECTION OUT OF THE NFPA 8 55 STANDARD.
I'M GONNA PAUSE FOR A SECOND AND ASK IF YOU'VE GOT ANY QUESTIONS ABOUT THIS PART OF THE PRESENTATION.
NOW, IN PARTICULAR, I THINK THE OTHER COMMENT WE HAD WAS THE, THE, UH, ABILITY FOR STAFF TO CHANGE THAT FROM 200 TO 100.
SO IN THE, UM, UH, LAST MONTH, THAT QUESTION WAS ASKED BECAUSE THERE WAS A CONCERN ABOUT, UH, THE ABILITY OF THE BOARD OF SUPERVISORS TO REDUCE THAT.
AND IF, IF THIS IS SUCH AN IMPORTANT ELEMENT OF ANY SITE PLAN FOR A BATTERY ENERGY STORAGE SYSTEM, THEN WHY WOULD WE WANT TO REDUCE THAT? AND MY RESPONSE AT THAT TIME WAS, DEPENDING ON THE, YOU KNOW, EACH CASE HAS TO BE CONSIDERED, UM, ON AN INDIVIDUAL BASIS, DEPENDING ON WHAT THAT PARTICULAR SITE IS.
SO LET'S SAY THAT THEY FIND A SITE, BUT THERE AREN'T, BUT IT WOULDN'T ALLOW THEM TO DO 200 FEET, BUT SAY THERE AREN'T ANY RESIDENCES AROUND THERE, THEN THAT MIGHT BE ONE CONSIDERATION IN, UH, IN APPROVING A REDUCTION IN THAT 200 FOOT SETBACK.
AGAIN, WHEN AND AT, WHEN A SITE PLAN COMES IN, THEY'RE GOING TO SHOW US AT THAT TIME WHAT SETBACKS THEY'RE GONNA PROPOSE.
AND IF THEY ARE, IF THEY ARE GONNA ASK FOR A REDUCTION IN THAT SETBACK, THEN WE'RE GOING TO TAKE A LOOK AT THAT.
DEPARTMENT OF PUBLIC SAFETY IS GONNA LOOK AT THAT.
UM, WE MAY EVEN HAVE AN ACT, TAKE A LOOK AT THAT.
BUT THAT WILL BE REPORTED OUT TO THE PLANNING COMMISSION FOR YOUR REVIEW.
AND AS YOU DO YOUR DELIBERATIONS, YOU CAN EITHER RECOMMEND APPROVAL OR DENIAL OR MAYBE MODIFY THAT SETBACK OR RECOMMEND A MODIFICATION OF THAT SETBACK.
AND THEN THAT WILL GO TO THE BOARD OF SUPERVISORS WHO WILL ULTIMATELY HAVE THE FINAL DECISION.
THE QUESTION WAS ALSO BROUGHT UP, WELL, WHAT IF WE JUST TAKE OUT THAT ENTIRE PROVISION THAT SAYS YOU CAN YOU, THAT THERE'S A POSSIBILITY OF REDUCING THE SETBACK, UH, BY THE BOARD OF SUPERVISORS.
IF YOU TAKE THAT OUT, THEN THEY, THEN THE APPLICANT WOULD STILL BE ABLE TO REQUEST A VARIANCE THROUGH THE BOARD OF ZONING APPEALS, AND IT TAKES THE PLANNING COMMISSION AND THE BOARD OF SUPERVISORS OUT OF THE DECISION MAKING PROCESS.
SO THE STAFF IS RECOMMENDING, HAD RECOMMENDED BACK THEN WHEN THE QUESTION WAS FIRST ASKED AND ANSWERED TO LEAVE THAT IN THERE SO THAT THE ABILITY TO REVIEW THAT AND TO MAKE THAT DECISION REMAINS WITH THE PLANNING COMMISSION AND THE BOARD OF SUPERVISORS.
SO THE, THE SECOND PART OF THE, UH, OF THE QUESTION WAS, YOU KNOW, BETWEEN WHAT FEATURES DO YOU MEASURE THAT 200 FOOT SETBACK? SO SETBACKS ALWAYS GONNA BE MEASURED FROM THE PROPERTY LINE, AND WHAT WE ARE RECOMMENDING IS THAT THE SETBACK BE MEASURED TO ANY CONCRETE PADS ON WHICH BATTERY CABINETS OR INVERTERS SIT.
SO, UH, THE REASON FOR THAT IS THOSE BATTERIES, THOSE BATTERY CABINETS OR INVERTERS ARE WHAT IS ESSENTIALLY AT RISK OR VULNERABLE TO, TO FIRE.
UH, THINGS LIKE FENCES AND WALLS,
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LANDSCAPING DRY VIALS AND SIGNS WOULD NOT BE CONSIDERED PART OF THAT.BUT THE SETBACK IS ESSENTIALLY MEASURED BETWEEN THE PROPERTY LINE AND THAT FEATURE, WHICH COULD, YOU KNOW, COULD, UH, UH, UH, POSSIBLY CATCH ON FIRE OR, OR BE THE CAUSE OF ANY FIRE.
SO WE SUGGEST THAT IT BE MEASURED TO THE CONCRETE PADS ON WHICH ANY OF THOSE TYPES OF, YOU KNOW, DEVICES OR WHAT HAVE YOU ARE LOCATED.
ANY QUESTIONS ABOUT THAT PORTION OF IT? IS THERE ANY WAY TO DELINEATE, SO LIKE IF YOU'RE PUTTING IT IN WATVILLE, YOU KNOW, I'VE GOT NO PROBLEM WITH A 200 FOOT SETBACK, BUT IF, YOU KNOW, I, I KIND OF ALWAYS WANTED 'EM TO GO INTO, WE'VE GOT INDUSTRIAL PARKS, SO WHAT ABOUT SET? COULD WE MAKE ALLOWANCES FOR DIFFERENT SETBACKS INSIDE AN INDUSTRIAL PARK? BUT I'M NOT INTERESTED IN THEM BEING REAL CLOSE TO THE LINE ANYWHERE ELSE, BUT THERE'S NO WAY TO DO THAT.
AGAIN, THAT WOULD REALLY DEPEND ON THE SIZE OF THE PROPERTY.
BUT IF WE'RE TALKING ABOUT AN INDUSTRY STANDARD THAT SAYS 200 FEET, THAT REALLY SHOULD APPLY REGARDLESS OF THE LOCATION.
NOW, WHAT WE HAVE PROPOSED IN TERMS OF THE USE, SO WE'VE GOT USES BY RIGHT SPECIAL USE PERMIT.
THIS IS, UH, THIS IS GOING TO BE ALLOWED BY CONDITIONAL USE PERMIT SHOULD IT BE PASSED BY THE BOARD OF SUPERVISORS, WHICH MEANS, AS YOU ALL KNOW, UH, STAFF REVIEW PUBLIC HEARING AND RECOMMENDATION BY THE PLANNING COMMISSION AND PUBLIC HEARING AND DECISION BY THE BOARD OF SUPERVISORS.
SO I, I WOULD, I WOULD SUGGEST THAT THAT 200 FOOT REMAIN REGARDLESS OF, OF WHERE THAT INDUSTRIALLY ZONED PIECE OF PROPERTY IS, WHETHER IT'S AN INDUSTRIAL PARK OR AN INDIVIDUAL PIECE OF PROPERTY SOMEWHERE OUT THERE IN THE COUNTY.
IT'S THE 200 FOOT THAT'S IMPORTANT, NOT NECESSARILY WHERE INDUSTRIAL PARK OR, OR WHERE, EXACTLY.
SO, UH, UH, AGAIN, STAFF IS RECOMMENDING APPROVAL OF THE PROPOSED LANGUAGE, UH, WITH THE CHANGE TO INCLUDE THE 200 FOOT SETBACK TO ANY PART ON WHICH, UH, TO ANY PADS, CONCRETE PADS ON WHICH BATTERIES OR INVERTERS, UH, SET.
AND THAT CONCLUDES MY PRESENTATION.
AND I CAN FIELD ANY QUESTIONS AT THIS TIME.
DO, DO OTHER LOCALITIES, ARE THEY 200 FEET PRETTY CONSISTENT IN VIRGINIA? WE DIDN'T, WE DIDN'T TAKE A LOOK AT THAT.
WE WENT WITH THE INDUSTRY STANDARD.
I DO HAVE ONE QUESTION ABOUT THE SETBACK TO A HUNDRED FEET.
IT SAYS, UM, SO THE BOARD OF SUPERVISORS MAY REDUCE THE DISTANCE REQUIRED TO THE SEC BY THIS SECTION TO A DISTANCE OF NO LESS THAN A HUNDRED FEET UPON FINDING THAT THE BATTERY INJURY STORAGE SYSTEM WILL HAVE SUFFICIENT SAFETY AND FIRE PROTECTION.
BUT IN REALITY, THEY'RE GONNA HAVE SUFFICIENT, THEY'RE GONNA MEET THE STANDARD.
SO THEY HAVEN'T DONE ANYTHING EXTRA TO GET THE EXTRA A HUNDRED FOOT.
SO YOUR WORDINGS, EVERYBODY'S GONNA MEET THE STANDARD TO GET A HUNDRED FOOT REDUCTION BECAUSE YOU'RE JUST ASKING FOR THE MINIMUM.
I WOULD HAVE TO KNOW WHAT IS WITH WHAT IS CLOSE TO THAT SIDE OF THE, OF THE SITE.
AND, YOU KNOW, AND THIS IS JUST ONE POSSIBILITY OUT OF SEVERAL.
AGAIN, EACH SITE IS GONNA BE DIFFERENT.
BUT LET'S SAY FOR EXAMPLE, AND THIS IS JUST AN EXAMPLE, THIS IS NOT IN THE ORDINANCE, BUT THIS IS AN EXAMPLE.
UM, AND AGAIN, CONDITIONAL USE PERMIT GIVES YOU ALL THE OPPORTUNITY TO SAY, WELL, WE WOULD LIKE TO SEE SOME ADDITIONAL PROTECTION.
SAY FOR INSTANCE, THEY WANT TO REDUCE THE SETBACK TO A HUNDRED FEET, BUT THERE'S A NEIGHBORHOOD ON THE OTHER SIDE OF THAT PROPERTY LINE, PERHAPS SUGGEST A CONCRETE WALL, UH, OR, UH, YOU KNOW, THE DEPARTMENT OF PUBLIC SAFETY MAY HAVE SOME SUGGESTIONS ON HOW TO, UH, HOW TO REDUCE, UH, YOU KNOW, THAT FIRE RISK TO THE ADJACENT PROPERTIES.
IF YOU'RE GOING TO TAKE A LOOK AT, OR IF YOU'RE GOING TO REDUCE THAT SETBACK FROM 200 TO 100, THERE MAY BE SOME OTHER THINGS THAT, UH, UH, THAT YOU ALL MIGHT WANT TO SUGGEST.
SO YOUR WORDING SHOULD SAY THE STORAGE SYSTEM WILL HAVE EXTRA OR MORE SAFETY AND FIRE PROTECTION FEATURES NOT SUFFICIENT.
AGAIN, THAT WOULD BE FOR THE PLANNING COMMISSION TO TAKE A LOOK AT FOR THE STAFF TO TAKE A LOOK AT AND FOR THE PLANNING COMMISSION TO, TO TAKE A LOOK AT IF, IF ADDITIONAL PROTECTIONS ARE WARRANTED, THEN WE WOULD SUGGEST THOSE BECOME PART OF THE
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CONDITIONS OR, OR PART OF THE APPROVAL.I'M JUST SAYING AS THE, AS THE WORDING GOES, THE MINIMUM WILL GET YOU A HUNDRED.
YOU'RE, YOU QUALIFY FOR THE A HUNDRED FEET BY DOING THE MINIMUM BY THE WORDING, THEY WOULD HAVE TO SHOW US GOOD REASON FOR, YOU KNOW, FOR GOOD CAUSE SHOWN WHY THEY WANT TO REDUCE TO A HUNDRED.
IT'S NOT JUST COME IN HERE, ASK FOR A HUNDRED, AND THEN WE GIVE 'EM A HUNDRED.
I THINK, YOU KNOW, THEY WOULD HAVE TO HAVE A GOOD REASON FOR WANTING THAT REDUCTION.
AND IF THEY DON'T GIVE US A GOOD REASON, THEN THERE'S A PRETTY GOOD CHANCE THAT THE STAFF IS NOT GONNA RECOMMEND APPROVAL OF THAT PLAN OR THAT DUMP THAT CONDITIONAL USE PERMIT.
SO IF THE BOARD SAID IF IT WAS GONNA BE 200 FEET, IT'S GONNA BE 200 FEET, THEN BATTERY STORAGE COMPANIES WOULD'VE TO LOOK FOR PROPERTY THAT WOULD GIVE 'EM 200 FEET OR SIZE THEIR, OR SIZE THEIR PROJECT.
WHY DON'T, WHY DON'T WE JUST DO, I MEAN, YOU KNOW, WHY WOULD WE EVEN GIVE 'EM THE OPTION TO GO LESS THAN 200 FEET? YOU, IF YOU'RE GONNA, YOU KNOW, HERE'S THE DEAL IN AKIMA COUNTY, YOU GOTTA HAVE A 200 FOOT SETBACK NO MATTER WHERE YOU ARE.
SO YOU BETTER FIND A PIECE OF PROPERTY THAT SUITS YOUR NEEDS.
AND THAT WAY THEY'D KNOW WHEN THEY STARTED LOOKING AT THE MAPS, THEY WOULD KNOW EXACTLY WHERE THEY COULD AND COULDN'T PUT THEIR PROJECT.
SO, BUT AGAIN, IF, IF YOU, IF YOU REMOVE THAT PROVISION, THAT'S WHAT I WAS GONNA ASK, THEN IT AUTOMATICALLY DEFAULTS TO THE BOARD OF ZONING APPEALS BECAUSE THEY ARE, THEY ARE ENTITLED TO ASK FOR A VARIANCE.
I THINK ANOTHER FOLLOWING UP ON THE CHAIRMAN'S, UH, NON THOUGHT, IF, IF THE WORDING WAS SUCH THAT IF, UH, ADDITIONAL STEPS WERE TAKEN TO MITIGATE OR TO, TO NOT INCREASE THE RISK, OR IF ADDITIONAL STEPS WERE TAKEN TO ACHIEVE THE SAME RISK, UH, FACTOR THAT YOU WOULD AT A HUNDRED, UH, AT 200.
SO IF, IF THE WORDING WAS THAT YOU HAVE AN OPTION TO INSTALL THESE ADDITIONAL, UH, TO ACHIEVE THE SAME RISK OF, UH, MITIGATION THAT YOU WOULD AT 200 FEET, UM, WE'RE, WE'RE BRINGING UP THE LANGUAGE SO THAT WE CAN MAYBE, UH, AGAIN, YOU ALL ARE HOLDING A PUBLIC HEARING ON THIS LANGUAGE, AND YOU ARE GONNA MAKE A RECOMMENDATION TO THE BOARD OF SUPERVISORS IF YOU RECOMMEND THAT, YOU KNOW, THAT CONCEPT OR, OR, OR SOME LANGUAGE BE INSERTED TO THAT EFFECT.
YOU ARE CERTAINLY, UM, ALLOWED ENTITLED TO DO THAT.
BUT THERE WAS ANOTHER, UH, YOU, YOU SAID EARLIER THAT THE 200 FEET WOULD CONSIDER THE PROPERTY, UH, JOIN THE PROPERTY, AND IF IT WASN'T A RESIDENT, THEN YOU WOULD CONSIDER IT.
BUT KEEP IN MIND THAT ONCE THAT HAPPENS, THE RESIDENT THAT MAY HAPPEN HERE NOW HAS KIND OF BEEN, UH, TAKEN AWAY SOME OF THEIR OPTIONS.
SO YOU, YOU MIGHT BE, UH, INFRINGING ON
THAT'S, THAT'S THE WORD I NOTICED, RIGHT? YEAH.
WHAT'S THE B Z'S LIMIT? I MEAN, COULD THEY VARIANCE IT DOWN TO A FOOT? I MEAN, WHAT, WHAT CAN THEY VARIANCE IT DOWN TO? IT REALLY DEPENDS ON WHAT THE APPLICANT WOULD ASK AT THAT TIME, WHICH IS I'M, WHICH IS WHY I'M VERY, I'M VERY HESITANT TO REMOVE ANY LANGUAGE THAT, THAT, UH, THAT SHIFTS THE AUTHORITY TO LOOK AT THIS FROM THE PLANNING COMMISSION AND BOARD OF SUPERVISORS TO THE BOARD OF ZONING APPEALS.
BECAUSE IF SOMEONE COMES IN AND SAYS, HEY, WE WANNA REDUCE THIS DOWN TO, UH, UH, DOWN TO 50, THEN WE'D HAVE TO CONSIDER, WE'D HAVE TO PROCESS THAT APPLICATION AND LET THE BZA, UH, CONSIDER THAT.
SO NO MATTER WHAT THE BZA COULD GET IT AND BYPASS US ALTOGETHER? NO, I WOULD SAY THAT AS PART OF THE CONDITIONAL USE PERMIT PROCESS, THAT WOULD BE THEIR, THAT WOULD BE THEIR ALLOWANCE TO, OR THAT WOULD BE THEIR OPPORTUNITY TO, UH, TO REQUEST A REDUCTION.
SO HOW DO WE ELIMINATE THEM FROM BEING ABLE TO REQUEST A REDUCTION? LET'S JUST, I MEAN, HOW DO WE SAY IT'S 200 FEET? GUYS, IF YOU'RE GONNA COME IN HERE AND BUILD A BATTERY STORAGE PLANT, GUESS WHAT, IT'S 200 FEET AND YOU HAVE NO OPTIONS.
WE START AT TWO 50 AND SAY THE BOARD OF SUPERVISORS CAN BRING IT DOWN TO 200 GENIUS
I MEAN, YOU KNOW, FROM, IF, IF I WAS A BATTERY STORAGE PLANT, I KIND OF WANNA KNOW UP FRONT, WHAT CAN I DO HERE WITHOUT HAVING TO GO THROUGH A BUNCH OF RIG ROLL.
AND IF THE ANSWER'S 200 FEET, THEN WE WE'RE GONNA HAVE TO FIND A PIECE OF PROPERTY THAT'S GONNA GIVE US A 200 FOOT SETBACK.
AND, YOU KNOW, THE BZA CAN'T DO ANYTHING ABOUT IT.
THE COUNTY CAN'T DO ANYTHING ABOUT IT.
IT'S JUST, THAT'S JUST THE WAY IT IS.
[00:30:01]
THE BZA CAN DO IT, YOU KNOW, THEY CAN FILE WITH THE BZA AT ANY TIME, REGARDLESS OF WHETHER WE SAY IT'S 200 OR A HUNDRED, THEY CAN COME BACK AND SAY, WELL, WE WANT 50 OR WE WANT 92.I, I, I WOULD SAY THAT IF THIS IS IN THE ORDINANCE, THIS IS THE PROCEDURE THAT THEY WOULD HAVE TO GO THROUGH IN, IN ORDER TO GET A REDUCTION OF THE SETBACK, THIS IS WHAT THEY WOULD HAVE TO GO THROUGH.
IF YOU REMOVE PROVISION B WHERE IT SAYS THE BOARD OF SUPERVISORS MAY REDUCE THE DISTANCE, AND YOU JUST COMPLETELY STRIKE THAT LANGUAGE, THEN THE SCENARIO THAT YOU PRESENTED OF IT GOING TO THE BOARD OF ZONING APPEALS BECOMES A REALITY.
BUT IT COULD BE A REALITY ANYWAY, EVEN WITH THIS LANGUAGE.
NO, THIS WOULD BE THEIR PROCESS.
AND, AND THAT'S HOW WE WOULD EXPLAIN IT TO THEM, THAT WE HAVE IT WRITTEN IN OUR ORDINANCE, THAT IF YOU WANT A REDUCTION, THIS IS THE PROCEDURE THAT YOU WOULD HAVE TO GO THROUGH.
COULD WE DO IT ON A PERCENTAGE BASIS? LIKE YOU CAN, THE BOARD CAN REDUCE IT BY 10% OR 2%, OR 20%.
THERE WOULD HAVE TO BE A LOGICAL AND EASILY EXPLAINABLE REASON BEHIND THAT PERCENTAGE.
AND, AND THE STAFF DID NOT EXPLORE THAT.
SO, SO BASICALLY WHAT YOU'RE SAYING IS IF WE TAKE THAT OUT, ELIMINATES US.
AND THE BOARD OF SUPERVISORS, I THINK YOU NEED TO STAY INVOLVED FOR IF A REDUCTION, BECAUSE IT, IT WOULD BACKDOOR US, AND WE NEED TO KNOW IT WOULD KEEP US, I THINK IT WOULD KEEP US IN THE NO, IF SOMEONE IS TRYING TO DO IT, BUT TO TAKE THAT OUT AND SKIP US, WE WOULDN'T KNOW THAT SOMEONE IS DOING IT.
AND THE, THE REASON WHY THIS IS BY CONDITIONAL USE PERMIT IS IT'S A TWO PUBLIC HEARING PROCESS.
IF YOU TAKE THIS OUT, THEN THEY GET ONE PUBLIC HEARING TO THE BOARD OF ZONING APPEALS, AND, YOU KNOW, UH, AND, AND THE BOARD OF ZONING APPEALS IS NOT UNDER THE BOARD OF SUPERVISORS OF THE PLANNING COMMISSION.
THEY'RE UNDER THE CIRCUIT COURT.
SO THERE, THERE IS NO CONTROL OR INFLUENCE WHATSOEVER EXERTED FROM THE PLANNING COMMISSION OR THE BOARD OF SUPERVISORS.
THERE SHOULDN'T BE ANY, BUT THEY CAN STILL DO THAT WITH THIS LANGUAGE ANYWAY.
I DON'T, I, YOU KNOW, I I MEAN, THEY COULD LEGALLY, WELL, ANYTHING CAN BE CHALLENGED.
I, THAT'S WHAT THEY COULD CHALLENGE THAT.
BUT, SO THE, MY OTHER QUESTION WOULD BE, YOU KNOW, LIKE THE CHAIRMAN SAID, SUPPOSE INSTEAD OF DOING 200 FEET, WE SAID 300 FEET AND SAID THE BOARD COULD ONLY REDUCE 200 FEET.
HOW WOULD THAT AFFECT ANYTHING, YOU KNOW, IF WE, IF, IF WE RECOMMENDED THAT THE, THE, THE, THE STANDARD SHOULD BE 300 FEET AND THE BOARD CAN LOWER IT TO 200 FEET.
SO, BUT I THINK IT'S AN EASIER WAY TO, TO ADDRESS THIS BY CHANGING, SIMPLY CHANGING THIS LANGUAGE TO, TO SAY THAT TO ACHIEVE A REDUCTION, THE, THE, THE, UH, UH, THE, UH, WOULD HAVE TO DEMONSTRATE THAT THEY HAVE INSTALLED ADDITIONAL SAFETY AND PROTECTION FIXTURE TO ACHIEVE THE SAME RISK THAT WOULD, WOULD BE ACHIEVED WITH THE 200 FOOT.
UH, NOW, THE, THE OTHER THING THAT YOU COULD ALSO DO, AND WE'VE GOT LANGUAGE THROUGHOUT THIS ORDINANCE THAT, THAT BRINGS IN THE DIRECTOR OF PUBLIC SAFETY.
AND WE WOULD, WE WOULD, UH, WE WOULD SEND THESE PLANS TO THE, TO THE, UH, DEPARTMENT OF PUBLIC SAFETY ANYWAYS, BUT UNDER B, IF YOU SPECIFICALLY WANTED, UM, THE DEPARTMENT OF PUBLIC SAFETY TO WEIGH IN ON WHAT IS SUFFICIENT, THEN CERTAINLY RECOMMEND THAT TO THE BOARD OF SUPERVISORS.
IT COULD SAY SOMETHING TO THE EFFECT OF, YOU KNOW, UH, UH, DISTANCE OF NO LESS THAN 100 FEET, UPON FINDING THAT THE BATTERY ENERGY STORAGE SYSTEM WILL HAVE SUFFICIENT SAFETY AND FIRE PROTECTION FEATURES THAT SUBSTANTIALLY MITIGATE THE RISK OF HARM TO NEARBY PERSONS.
UM, AND, AND THEN, UH, UH, SUFFICIENT SAFETY AND FIRE PROTECTION FEATURES SHALL BE, UH, REVIEWED AND VETTED BY THE DEPARTMENT OF PUBLIC SAFETY OR THE DIRECTOR OF PUBLIC SAFETY.
THAT'S JUST, UH, THAT'S JUST A QUICK IDEA FOR, UH, FOR ADDING WHAT YOU'RE, WHAT YOU'RE TALKING ABOUT.
BUT WE HAVE NOT LOOKED AT SPECIFIC FEATURES, FOR INSTANCE, A CONCRETE WALL OR, UH, OR ANYTHING LIKE THAT, A BERM OR SOMETHING.
BUT YOUR WORD, WE CAN PUT THAT IN THERE, THOUGH.
I JUST THINK YOUR WORD SUFFICIENT IS THE MINIMUM FOR A SETBACK.
YOU KNOW, A MINIMUM FOR 200 IS SUFFICIENT.
IF YOU WANT A HUNDRED, THEN YOU NEED MORE SAFETY FEATURES.
SUBSTANTIALLY INCREASE, I DON'T KNOW, SUBSTANTIALLY INCREASE SAFETY AND FIRE PROTECTION FEATURES TO ACHIEVE THE SAME RISK THAT WAS CREATED, THAT WOULD'VE BEEN ACHIEVED AT TWO FEET.
[00:35:02]
WE CAN PUT THAT IN THE RECOMMENDATION TO THE BOARD OF SUPERVISORS.WHEN, IF AND WHEN THE MOTION IS MADE TO, UH, TO MOVE THIS ON, YOU CAN ADD THAT, AND THEN WE WILL, YOU KNOW, WE'LL, WE'LL INSERT THAT LANGUAGE AND, UH, AT LEAST IN THE STAFF REPORT, INDICATE THAT THIS WAS A POINT OF DISCUSSION AT THE PLANNING COMMISSION LEVEL, THAT YOU ALL WOULD LIKE THE BOARD OF SUPERVISORS TO CONSIDER ADDING THAT LANGUAGE.
ANY OTHER QUESTIONS? THAT'S REASONABLE QUESTIONS? NOPE.
WHAT IS THE STATUS OF THE WATVILLE BATTERY PLANE? IS IT STILL IT'S UNDER REVIEW NOW? I BELIEVE THEY'RE UNDER THEIR SECOND, OR THEY'RE UNDER THEIR THIRD REVIEW.
THEY HAVEN'T DROPPED IT ALL TOGETHER? NO.
THE ORIGINAL APPLICANT IS NO LONGER THE OWNER.
THE OWNER OF THE, OF, OF THE JUPITER SCOUT ENERGY PROJECT IS THE SAME OWNER OF THE TALY, UH, OF THE TALY SITE.
I GUESS WE WILL OPEN, UH, PUBLIC HEARING, PUBLIC COMMENT, PERIOD.
HAS ANYBODY SIGNED TO, UH, ALL RIGHT.
UH, STATE YOUR NAME AND YOUR ADDRESS, AND YOU HAVE FOUR MINUTES.
MY NAME IS GLEN SMITH, 12 MARKET STREET IN ONANCOCK, UM, IN WARWICK, NEW YORK, ORANGE COUNTY.
THEY HAD A BATTERY STORAGE FACILITY FIRE ON DECEMBER 19TH.
THIS IS THE SECOND ONE AT THE SAME FACILITY WITHIN TWO YEARS.
UM, I THINK PART OF THE REASONING FOR THE 200 FEET IS BECAUSE OF THE HYDROGEN CYANIDE GAS THAT'S GIVEN OFF FROM THE BURNING OF THESE BATTERIES.
UM, ON THE NIGHT OF THAT FIRE, THEY WERE DOING AIR MONITORING AT THE SITE, AND THEY MONITORED HYDROGEN CYANIDE GAS AT THE SITE OF 0.5 PARTS PER MILLION, UM, WHICH IS HALF OF THE AMOUNT ALLOWED BY THE FEDERAL GOVERNMENT.
SO THAT'S JUST FROM ONE BATTERY CONEX CONTAINER BURNING.
UM, NOW ALSO SOMETHING TO REMEMBER IS THAT, UM, THIS FIRE TOOK THREE DAYS TO GO OUT.
OKAY? THE FIRE WAS ON DECEMBER 19TH.
THEY COULDN'T GO IN UNTIL DECEMBER 21ST TO START TO DO, TO CLEAN UP THAT MESS.
'CAUSE THAT'S WHEN THE BATTERIES PULLED OFF ENOUGH FOR THEM TO GO IN AND THERE WAS NO RE-IGNITION DURING THAT TIME.
THEY'RE GONNA USE BETWEEN 5,000 AND 10,000 GALLONS OF WATER.
UM, LITHIUM ION IS A HAZARDOUS MATERIAL.
NOW, ALL THAT WATER'S CONTAMINATED, SOMEBODY HAS TO CLEAN THAT UP.
UM, IN YOUR ORDINANCE, YOU SHOULD HAVE SOME CLAWS IN THERE FOR WHO'S RESPONSIBLE FOR THE CLEANUP AT THE SITE.
AND ALSO, SOIL TESTING SHOULD BE DONE AROUND THE SITE WITHIN THAT 200 FEET OR FURTHER FOR HYDROGEN CYANIDE, UH, BYPRODUCT.
BECAUSE IF IT'S IN A NEIGHBORHOOD, PEOPLE HAVE CHICKENS, DOGS, KIDS, WHATEVER, UH, AND IT GETS IN THE SOIL NOW, THE KIDS GET IT, THE PETS GET IT, AND IT COMES INTO THE HOUSE.
UM, SO THAT 200 FEET IS VERY, VERY IMPORTANT.
UM, A LOT OF THE STUFF I'M SAYING IS NEGATIVE.
I'VE TRAINED WITH LITHIUM BATTERIES FOR CAR FIRES.
THEY START, IT'S A CHEMICAL CHAIN REACTION.
IT STARTS WITH, IT'S A THERMAL REACTION.
IT STARTS WITH A MISTAKE, EITHER WATER INTRUSION, WHEN THE BATTERY CELLS WERE MADE AND PUT TOGETHER, THERE WAS ONE DEFECTIVE CELL.
AND THESE BATTERY CELLS ARE STACKED IN LITTLE BOXES LIKE, UM, YOUR AA BATTERIES, UM, AND A A LITTLE BIT BIGGER, BUT THEY'RE STACKED JUST LIKE THAT IN BOXES.
AND WHEN ONE FAILS, IT GIVES OFF HEAT, AND THE HEAT CAUSES THE OTHER ONES TO GET HOT.
AND THAT'S WHAT STARTS THE FIRE.
UM, IT COULD BE FROM MANUFACTURE DEFECT, IT COULD BE FROM WATER INTRUSION INTO THE BOX, IT, THE, THE VERY PRETTY BOXES THAT THEY PUT THESE THINGS IN THE STORE.
'EM, AND THEY CONTROL THE AIR, THE AIR, THE AIR, THE TEMPERATURE.
BACKUP GENERATORS TO KEEP THE HVA SYSTEM FOR THESE BOXES GOING.
[00:40:01]
KEPT AT A CONSTANT TEMPERATURE.IF THE BATTERIES OVERHEAT, THEY START THERMAL RUNAWAY.
ONCE THERMAL RUNAWAY STARTS, YOU CANNOT STOP IT.
YOU NEED YOU, YOU NEED TO JUST CONTAIN IT IN THAT BOX BY JUST CONSTANTLY FLOODING IT WITH WATER.
OKAY? UM, THESE ARE JUST, UH, THESE, THESE ARE SOME THINGS THAT, UM, WE'VE HAD, WE'VE TRAINED WITH, UM, WITH CAR FIRES, WITH, UH, ELECTRIC, ELECTRIC VEHICLE CAR FIRES.
UM, NOW THOSE, THOSE BATTERIES WEIGH, UM, ABOUT 3000 POUNDS IN YOUR ELECTRIC CARS.
YOU'RE GONNA HAVE PROBABLY 10 TIMES THAT IN THESE VERY PRETTY CONEX BOXES THAT ARE GONNA BE AIR CONDITIONED.
SO, UM, I JUST ASK THAT YOU TAKE ALL THIS INTO EFFECT, UM, BEFORE YOU, UM, APPROVE, YOU KNOW, PUT SOME OF THIS IN YOUR, UH, ORDINANCE.
WE'LL CLOSE THE PUBLIC COMMENT PERIOD.
PERFORMANCE, THIS GENTLEMAN'S COMMENTS, RIGHT? UH, CAN THE PLANNING, UH, FOLKS IN THE COUNTY TAKE THAT INTO CONSIDERATION? COME BACK WITH LANGUAGE ON THAT THE TAXPAYERS IN THE COUNTY SHOULD NOT BE ON THE HOOK FOR EITHER THE LEGAL COSTS OF TRYING TO DRAW, YOU KNOW, HAVE THE COMPANY PAY FOR IT A CLEAN UP AFTERWARDS, OR, UH, YOU KNOW, SHANTE, IF YOU WOULD SCROLL UP, I'M SORRY, THE OFF THE OTHER WAY.
THERE WAS THIS QUESTION A COUPLE OF MONTHS AGO ABOUT, UM, ABOUT THE, UH, FINANCIAL DISTRIBUTIONS AND THE, YOU KNOW, IT COULD, IT COULD BE POSSIBLE THAT WE GET A BOND AND IF WE NEED TO, IF WE NEED TO, YOU KNOW, IF YOU'RE SUGGESTING THAT WE PAUSE THIS AND THEN COME BACK TO YOU WITH ADDITIONAL LANGUAGE, OR YOU COULD GO AHEAD AND JUST RECOMMEND TO THE BOARD OF SUPERVISORS, WE REALLY FEEL LIKE THAT YOU NEED TO CONSIDER SOME SORT OF, UH, UH, FOR A BOND, A BOND FOR CLEANUP, THEN, YOU KNOW, THAT MAY BE, THAT MAY BE ONE OPTION, YOU KNOW? YEAH.
WE SHOULDN'T BE, THE TAXPAYERS OF MACK COUNTY SHOULD BE ABLE, IF THERE'S A PROBLEM, THE COMPANY, YOU KNOW, THEY COULD DECLARE BANKRUPTCY WALK AWAY, OR THEY COULD FIGHT IT IN COURT FOR YEARS, WHICH IS USUALLY WHAT HAPPENS.
AND, YOU KNOW, THE BILLS GO SKY HIGH, RIGHT.
SO WHY SHOULD WE BE ON THE HOOK? BUT I, I, I, AND, AND I'M NOT AN EXPERT IN NFPA 8 55, BUT A LOT OF THE, A LOT OF THE FIREFIGHTING TECHNIQUES ARE LISTED IN THAT, UH, IN THAT.
SO FROM A, FROM A LAND USE PERSPECTIVE MM-HMM
YOU KNOW, I, I WOULD CAUTION AGAINST TRYING TO, UH, TRYING TO INSERT CERTAIN LANGUAGE ON HOW TO FIGHT A FIRE AT A LITHIUM ION OR BATTERY ENERGY STORAGE SYSTEM, WHERE YOU ALREADY HAVE STANDARDS FOR THAT.
THERE'S ALWAYS, THERE'S ALREADY A REQUIREMENT IN HERE FOR TRAINING.
SO IF THERE IS, UH, YOU KNOW, DEPENDING ON SITUATIONS, AND AGAIN, I'M NOT A FIREFIGHTER, BUT THERE MAY BE, YOU KNOW, THERE MAY BE DIFFERENT FACTORS INVOLVED IN FIGHTING A FIRE AT ONE FACILITY VERSUS ANOTHER.
BUT WE'RE, WE'RE NOT TALKING ABOUT HOW TO FIGHT THE FIRE.
WE'RE TALKING ABOUT WHO'S ON THE HOOK FOR THE CLEANUP MM-HMM
AND THAT HE'S TALKING ABOUT SOIL AND ALL THAT SAMPLES AND SO FORTH AND HAZARDOUS CHEMICALS.
THE COUNTY SHOULDN'T BE, OR THE TAXPAYERS OF ABACK COUNTY SHOULD NOT BE ON THE HOOK FOR THAT.
HOWEVER, THEY WANT TO WORDSMITH IT, WHETHER THEY GET A BOND AHEAD OF TIME, WHATEVER, BUT THE TAX PAYERS SHOULD NOT BE ON THE WHOLE FLOOR.
THE, THE APPROPRIATE THING TO DO.
NOW YOU GOT, THERE ARE TWO OPTIONS.
WE CAN, WE COULD PAUSE THE PROCESS AND SAY, WE DON'T WANT TO ADVANCE THIS TO THE BOARD OF SUPERVISORS UNTIL WE SEE MORE INFORMATION, OR YOU, OR WE PUT IN THE STAFF REPORT TO THE BOARD OF SUPERVISORS.
THE PLANNING COMMISSION HAD THESE CONCERNS AND THEY, THEY RECOMMEND THAT THESE CONCERNS BE ADDRESSED
[00:45:01]
BEFORE THEY, YOU KNOW, ADOPT LANGUAGE.THAT WOULD BE THE WAY I WOULD GO.
BECAUSE WE CAN GO ROUND AND ROUND FOR MONTHS.
IF WE DON'T, IF WE DON'T MOVE THIS ONTO THE BOARD OF SUPERVISORS, YOU KNOW, WE'RE, WE'RE, WE'RE TAKING NOTES, WE'RE LISTENING.
EVERYTHING THAT YOU'RE SAYING IS ON THE RECORD, WE CAN, WE CAN, UH, WE CAN WRITE THAT STAFF REPORT TO SAY, THE PLANNING COMMISSION HAD THESE CONCERNS, AND PLEASE CONSIDER THESE BEFORE YOU, UH, AND, AND WRITE SOMETHING INTO THE ORDINANCE TO ADDRESS THESE, UH, ISSUES.
ANY OTHER QUESTIONS? OR, OH, I'M OPPOSED TO 'EM, BUT WE GOTTA DO SOMETHING TO ALLOW
ALRIGHT, SO IF WE DON'T HAVE ANY QUESTIONS FOR STAFF OR SOMEBODY WOULD LIKE TO MAKE A MOTION TO DO WHAT, SO WHAT VERBIAGE DO WE WANT TO SAY, IF WE DO MAKE A MOTION, HOW DO WE WANT TO CHANGE THAT VERBIAGE IN THAT ONE PARAGRAPH? DO WE HAVE A SOLID IDEA ON THAT? IF WE'RE GOING TO DO THIS TODAY? I THINK YOUR MOTION SHOULD BE CRAFTED IN SUCH A WAY THAT HIGHLIGHTS THE ISSUES THAT YOU WANT ADDRESSED AS OPPOSED TO REALLY JUST TRYING TO INSERT THAT LANGUAGE IN THERE.
UM, SO IF WE'RE LOOKING AT THE, SO WHAT ARE THE ISSUES THAT WE ADDRESSED? SETBACK, AND SO THE SETBACK, YOU KNOW, THE REDUCTION IN THE SETBACK, UM, TESTING OF THE SOIL CLEANUP, YOU KNOW, CLEANUP BOND, WHICH COULD BE PART OF THE DECOMMISSIONING PLAN.
YOU KNOW, THERE, THERE ARE, THERE ARE SEVERAL ANGLES TO THIS THAT COULD BE, THAT COULD ADDRESS THE CONCERNS.
WHAT WAS THE OTHER ONE WE WERE TALKING ABOUT? UM, FIRE SUPPRESSION OR NO, BONDS.
AND WHAT WAS THE OTHER ONE? SO IT WAS SETBACK, REMEDIATION.
THERE WAS ONE MORE LIMIT AS FAR AS THE SETBACKS ARE CONCERNED.
YOU, YOU, YOUR CONSIDERATION WAS WHAT, UM, RISK MITIGATION.
WHAT FEATURES WOULD BE REQUIRED TO ALLOW A REDUCTION OF 100 FEET.
THE OTHER ISSUE THAT THE STAFF HEARD WAS JUST ABOUT THE CLEANUP ITSELF AND REQUIRING SOME SORT OF BOND FOR THAT.
SO WE SHOULD SAY SOMETHING ALONG THE LINES OF SETBACK VERBIAGE SHOULD BE ADDRESSED TO MAKE SURE THAT ANY REDUCTION IN SETBACKS WOULD BE MET WITH AN INCREASE IN RISK MITIGATION FACTOR.
IS THAT APPROPRIATE? SOUNDS GOOD TO ME.
AND THEN THAT VERBIAGE SHOULD BE CONSIDERED TO ADDRESS ANY CLEANUP OR REMEDIATION ISSUES SHOULD AN INCIDENT HAPPEN YEP.
THROUGH A BOND OR OTHER RESERVES WAS AVAILABLE AT THE TIME.
AND AGAIN, YOU ALL WOULD SEE THESE PLANS AND YOU'D SAY, HEY, I THINK THAT, YOU KNOW, ADDITIONAL, YOU KNOW, UH, UH, ADDITIONAL MEASURES NEED TO BE TAKEN IN ORDER TO ADDRESS THESE, UH, ADDRESS THESE CONCERNS.
THAT'S THE, THAT IN THE STAFF'S OPINION IS THE REASON BEHIND KEEPING THIS AS A CONDITIONAL USE PERMIT SO THAT YOU ALL HAVE THE OPPORTUNITY TO REVIEW THAT.
DID YOU HAVE A MOTION PREPARED FOR THIS ALREADY? OR IS THIS OFF THE CUFF? THIS IS OFF THE CUFF.
IS THERE ANY MORE DISCUSSION, MADAM CHAIR? NO, SIR.
I MAKE A MOTION THAT WE ACCEPT THIS, THAT YOU RECOMMEND APPROVAL TO THE, WE RECOMMEND APPROVAL WITH THE CONDITIONS THAT THE BOARD OF SUPERVISORS ADDRESS SETBACK VERBIAGE TO MAKE SURE THAT ANY REDUCTIONS IN SETBACKS ARE MET WITH INCREASED RISK MITIGATION, AND THAT WE ALSO HAVE THE BOARD CONSIDER A BOND OR OTHER RESERVES NECESSARY TO MITIGATE ANY CLEANUP OR REMEDIATION THAT SHOULD HAPPEN IF AN INCIDENT OCCURS.
ANYBODY SECOND? AND I HAVE A SECOND.
WE'LL CLOSE THE PUBLIC HEARING.
[00:50:02]
IT.UM, WE'LL, WE'LL GO TO NUMBER NINE.
OTHER MATTERS AGAIN, YOUR, OH, I'M SORRY.
YOUR REAL ESTATE DISCLOSURE FORMS ARE DUE TO PAM DIX, UH, BY FEBRUARY 2ND.
SO IF YOU HAVEN'T EITHER RECEIVED THAT, WE'LL GET YOU A COPY OF THAT.
AND IF YOU HAVE IT, PLEASE MAKE SURE THAT THAT IS, UH, SUBMITTED TO HER BY THE SECOND.
OR ELSE THE, UH, COUNTY ADMINISTRATOR'S EXECUTIVE ASSISTANT WILL COME AFTER ALL OF US.
WE DON'T EVEN WANNA ENTERTAIN THE POSSIBILITY OF HAVING TO PAY A FINE, JUST GET YOUR FORMS IN
SO, UM, FOR, FOR THE, UH, UH, STAFF REPORT, UM, NO SUBDIVISIONS, UH, AS FAR AS THE BOARD OF ZONING APPEALS IS CONCERNED.
UM, THERE WERE NO PUBLIC HEARINGS EARLIER THIS MONTH, BUT THEY ELECTED, UH, REVEREND GARY MILLER AS THE CHAIR AND GRACIE MILBURN AS THE VICE CHAIR.
UM, AND THEY ADOPTED THEIR 2026 MEETING CALENDAR.
THEY'VE GOT FIVE CASES, UH, IN FEBRUARY, ONE OF, ONE OF THEM BEING AN APPEAL TO THE ZONING ADMINISTRATOR'S DECISION.
SO THAT'S GOING TO BE, UH, AN INTERESTING, UH, AN INTERESTING MEETING AS FAR AS THE DEPUTY COUNTY ADMINISTRATOR IS CONCERNED.
THREE POINTS THAT I WANTED TO COVER.
UH, WE DID RECEIVE, UH, APPLICANTS FOR THE ENVIRONMENTAL PLANNER POSITION.
THEY'VE BEEN INTERVIEWED, AND WE HAVE EXTENDED AN OFFER TO ONE, AND WE'RE STILL WAITING TO HEAR BACK FROM THAT INDIVIDUAL, THE LAST REMAINING CODE ENFORCEMENT OFFICER POSITION FOR BUILDING INSPECTIONS.
UH, UH, THE STAFF NARROWED THE FIELD OF 20 DOWN TO FOUR AND INTERVIEWS WERE HELD TODAY.
NOW, SOMETHING THAT, UH, THE PLANNING COMMISSION HAS ASKED ABOUT, UH, UH, IN PREVIOUS MEETINGS IS THE COMPREHENSIVE PLAN.
WE HAVE, UH, WE HAVE IDENTIFIED THE BERKELEY GROUP AS THE, UH, AS THE CONSULTANT FOR THAT.
UM, I'D LIKE TO GET UP WITH, UM, UH, CHAIRWOMAN WINGFIELD AND VICE CHAIR PETIT AFTER THE MEETING TO, UH, TO TALK ABOUT PLANNING COMMISSION, UH, UH, INVOLVEMENT WITH THAT.
BUT THE, UM, YOU KNOW, I DID SAY THAT THE WINNING FIRM WOULD BE OFFICIALLY APPROVED AT THE BOARD OF SUPERVISORS MEETING, UH, NEXT WEDNESDAY.
BUT ONE OF THE QUESTIONS THAT THE, THAT THE CONSULTANT HAD WAS, UH, AT THE BEGINNING, UH, YOU KNOW, HOW MUCH, HOW MUCH, UH, UH, PLANNING, COMMISSION INVOLVEMENT, AND WHO WOULD BE, UH, YOU KNOW, UH, WHO WOULD, UH, ESSENTIALLY WEIGH IN ON BEHALF OF THE PLANNING COMMISSION AT THE FRONT END.
NOW, THIS IS GOING TO ENTAIL A SIGNIFICANT CITIZEN PARTICIPATION AND STAFF PARTICIPATION AND PLANNING COMM UH, PLANNING, COMMISSION PARTICIPATION INVOLVEMENT.
BUT AT THE VERY BEGINNING, UH, YOU KNOW, WE'D LIKE TO DISCUSS THAT WITH YOU.
UH, YOU KNOW, EITHER AFTER TONIGHT OR MAYBE, YOU KNOW, BY A, A VIRTUAL CALL MIGHT ACTUALLY BE BETTER IF YOU VERY INVOLVED AND VERY OPINIONATED.
SO, UM, YOU KNOW, THERE IS GOING TO BE A MINIMUM OF EIGHT PUBLIC MEETINGS ON THIS.
UH, WE'RE LOOKING AT, UH, AT, UH, DOING SOME, WHAT THEY CALL POPUP MEETINGS.
SO IF, IF, UH, IF WE GO TO A CHURCH OR SOME SORT OF COMMUNITY EVENT TO, UH, YOU KNOW, TO GET MORE, UH, UH, CITIZEN PARTICIPATION OR OPINION THAT WAY.
SO, UH, YOU KNOW, WE JUST MET WITH THE CONSULTANT VIRTUALLY TODAY TO DISCUSS SOME OF THOSE, UH, TO DISCUSS SOME OF THOSE, UM, PATHS FORWARD FOR CITIZEN PARTICIPATION.
BUT THIS IS GONNA BE DIFFERENT FROM, UH, WHAT YOU GUYS HAVE PROBABLY EXPERIENCED IN THE PAST FOR COMPREHENSIVE PLAN, WHERE IN THE PAST YOU'VE LOOKED AT CERTAIN SECTIONS, BUT WE'RE LOOKING AT, UH, OVERHAULING THE ENTIRE COMPREHENSIVE PLAN, NOT, NOT DISPENSING WITH, UM, NOT COMPLETELY DISPENSING WITH THE GOALS AND OBJECTIVES, WHICH, UH, WHICH WE DID IN THE RFP INDICATE THAT, YOU KNOW, RURAL CHARACTER IS STILL IMPORTANT.
WE HAVE TO RECOGNIZE, UH, GROWTH'S PLACE IN THE ECONOMY AND HOUSING AND THAT KIND OF THING.
BUT THOSE, THOSE CONVERSATIONS THAT YOU'RE TALKING ABOUT, UM, COMMISSIONER TYLER, THERE'S GONNA BE BASICALLY MONTHS AND MONTHS OF OPPORTUNITY TO, TO TALK ABOUT SPECIFIC, UH, SPECIFIC ITEMS.
[00:55:01]
SOUNDS LIKE FUN.IT'S GONNA BE INTERESTING AND IT'S GONNA BE WORTHWHILE.
OUR COMPREHENSIVE PLAN NOW IS HIGHLY TECHNICAL.
AND, UH, YOU'VE PROBABLY HEARD ME SAY BEFORE THAT IT WAS WRITTEN BY PLANNERS FOR PLANNERS.
IT'S REALLY, AT LEAST IN MY OPINION, REALLY DIFFICULT FOR THE EVERYDAY CITIZEN TO UNDERSTAND THE COMPREHENSIVE PLAN, JUST BECAUSE OF THE WAY THAT IT'S WRITTEN.
A LOT OF TEXT, A LOT OF FACTS AND FIGURES AND CHARTS.
NOT, UH, NOT A LOT OF PICTURES, NOT A LOT OF, UH, WHAT I LIKE TO CALL PLAIN LANGUAGE, EVERYDAY LANGUAGE THAT PEOPLE CAN UNDERSTAND.
OKAY? SO, SO WE WANT TO TAKE A LOOK AT STILL BEING ABLE TO ACCOMPLISH ALL OF THOSE, YOU KNOW, GETTING OUT THERE AND TALKING ABOUT GOALS AND OBJECTIVES, BUT DOING SO IN A MANNER THAT PEOPLE CAN UNDERSTAND.
THAT'S REALLY THE BASIC, UH, PREMISE BEHIND WHAT, WHAT THE STAFF SEES, THE DIRECTION OF THE NEXT COMPREHENSIVE PLAN REVIEW BEING.
BUT, UH, THAT WILL OFFICIALLY BE, UM, UH, UH, ADOPTED BY THE BOARD OF SUPERVISORS NEXT WEEK.
AND, UH, FROM THERE WE'LL START, UH, SCHEDULING THE PUBLIC MEETINGS AND THE, THE INTRODUCTION TO THE, UH, UH, UH, UM, TO THE, UH, TO THE CONSULTANT, AND THEN ALSO, AGAIN, LAYING OUT WHERE THE PLANNING COMMISSION'S ROLE WILL BE IN THAT MOVING FORWARD.
THAT CONCLUDES MY PRESENTATION, AND I CAN FIELD ANY QUESTIONS AT THIS TIME.
OUR NEXT MEETING IS FEBRUARY 11TH, AND IF ANYBODY ELSE HAS ANY OTHER ITEMS, I JUST, I JUST HAVE ONE THING TO, UH, FOR THE RECORD TO RECOGNIZE, UH, THE PASSING OF MR. PETE ONLY, WHO WAS A VALUABLE MEMBER OF THIS, UH, BOARD FOR MANY YEARS.
UM, HIS FUNERAL IS SATURDAY, AND, UH, JUST WANTED TO MAKE MENTION OF HIS LONG SERVICE AND HIS STANDING IN THE COMMUNITY AND HIS SERVICE HERE ON THIS BOARD.
AND WITH THAT, I WILL MAKE A MOTION TO ADJOURN, IF THAT'S WHAT YOU'RE LOOKING FOR.