Mar 07, 2024 Planning & Zoning Commission

ALRIGHT WE WILL CALL THE MEETING TO ORDER.

[DECLARATION OF A QUORUM AND CALL TO ORDER]

[00:00:03]

BEFORE WE START WORKING THROUGH THE AGENDA, WHICH ISN'T THAT LONG TODAY, FORTUNATELY, I WANT TO REMIND YOU THAT IF YOU'D LIKE TO SPEAK TODAY, THERE ARE SOME FORMS TO BE FILLED OUT. I'VE GOT FOUR, AND BUT ANYONE IS WELCOME TO SPEAK, SO GRAB A FORM AND FILL IT OUT IF YOU'D LIKE TO.

FIRST, I WANT TO INTRODUCE ANDREW HESTON TO THE PLANNING COMMISSION BOARD.

ANDREW'S JUST BEEN SWORN IN RIGHT BEFORE THIS MEETING BEGAN.

SO WE'LL WELCOME YOU AND AGAIN, ASK ANY QUESTIONS THAT YOU WANT DURING THE PROCESS.

YES, SIR. SO WITH THAT, WE WILL BEGIN WITH ITEM NUMBER ONE, DISCUSSION OF POSSIBLE ACTION ON THE MINUTES FOR THE PLANNING AND ZONING COMMISSION MEETING HELD ON FEBRUARY 1ST,

[1. Discussion and possible action on the minutes for the Planning and Zoning Commission meeting held on February 1, 2024.]

ALL RIGHT. I HAVE A MOTION BY MR. CLARK AND A SECOND BY MISS SPOOR.

IS THERE ANY FURTHER DISCUSSION, IF NOT ALL THOSE IN FAVOR INDICATE SO BY SAYING I, I OPPOSED SAME SIGN.

MOTION CARRIES.

[2. Conduct a public hearing, discussion, and take possible action on an Ordinance approving a request to modify an existing Specific Use Permit within a Single-family Residential 7.2 District (SF-7.2) to allow for the installation of a proposed eighteen (18') foot tall acoustic fence to reduce noise levels and operate lawfully during special circumstances of extreme temperature and emergency situations at an existing energy storage park on a 7.7 acre parcel identified by Property ID 570367, located at 319 Murray Ranch Rd., Angleton, Brazoria County, Texas.]

AT AN EXISTING ENERGY STORAGE PARK ON A 7.7 ACRE PARCEL IDENTIFIED BY PROPERTY ID 570367, LOCATED AT 319 MURRAY RANCH ROAD, ANGLETON, BRAZORIA COUNTY, TEXAS.

WHO'S GOING TO SPEAK TO THE COMMISSION ABOUT THIS? I WILL, GOOD AFTERNOON.

THIS IS A REQUEST OF A SPECIFIC USE PERMIT MODIFICATION TO ALLOW FOR THE ACOUSTIC FENCE THAT'S DESCRIBED.

THE APPLICANT TODAY IS GOING TO GIVE YOU INFORMATION ABOUT THE FENCE, THE REASONING BEHIND THE EXTRA MEASURES THAT THEY'RE TAKING.

THE BATTERY PARK, AS YOU STATED, IS WITHIN THE SUP DISTRICT AND THE APPLICANT WILL BE ILLUSTRATING A POSSIBLE FIX TO SOME OF THE NOISE IN WHERE SOME OF THE RESIDENTS HAVE BEEN EXPERIENCING DURING HIGH TEMPERATURES.

SO THEY WILL GIVE YOU INFORMATION REGARDING THE PROPOSAL.

TODAY WE'LL ONLY DISCUSS THE MODIFICATION TO ADD THE FENCE.

THE ACTUAL USE OF THE PROPERTY IS AN SUP.

WE NOTIFIED EVERYONE WITHIN 200FT OF THE PROPERTY.

THERE ARE A COUPLE OF CONDITIONS IN THE PROPOSED ORDINANCE IN WHICH WE'LL DISCUSS LATER AS WELL.

OTHER THAN THAT, THIS IS A PUBLIC HEARING.

STAFF IS FORWARDING THIS TO YOU SO THAT YOU CAN GET PUBLIC INFORMATION, ANSWER QUESTIONS, AND POSSIBLY MAKE A RECOMMENDATION TO COUNCIL OF WHETHER OR NOT THUMBS UP OR THUMBS DOWN ON THE WALL ITSELF.

IT'S AN ACOUSTIC WALL.

WE HAVE THE PROFESSIONALS THAT WILL DESCRIBE WHAT THINGS ARE, WHAT LEVELS OF NOISE WOULD BE ABATED WITH THE STRUCTURE? THE STAFF REPORT HAS ALL OF THE PHOTOGRAPHS OF THE FACILITY.

YOU CAN ROLL FURTHER DOWN.

JUST FOR THE PUBLIC'S INFORMATION.

THESE DOCUMENTS ARE ON THE AGENDA.

OTHER THAN THAT STAFF WILL BE AVAILABLE TO ADDRESS THE COMMISSION REGARDING ANY OF THE CONDITIONS OF THE PREVIOUS APPROVAL.

AND THEN HOPEFULLY WE CAN NAIL DOWN THE SPECIFICS AS TO WHAT THEY'RE ASKING FOR.

SO DO WE WANT TO HEAR FROM THE COMPANY REPRESENTATIVE BEFORE WE OPEN THE PUBLIC? MY RECOMMENDATION, AND THAT'S WHY I DIDN'T GO TOO MUCH INTO THE DETAILS, IS TO LET THEM DESCRIBE WHAT THE FENCE IS, WHAT IT DOES.

OKAY AND THEN THEY HAVE AN ACTUAL PRESENTATION.

KEEP ROLLING ALL THE WAY DOWN TILL YOU SEE APPLICANT'S PRESENTATION.

NO. KEEP GOING.

IT'S A NEW ONE.

IT'S A NEW DOCUMENT.

YOU'LL SEE A RED NOTATION AT THE TOP OF THE PAGE.

KEEP GOING.

SLOW DOWN. KEEP GOING.

OKAY, STOP AND ZOOM OUT A LITTLE BIT IF YOU CAN.

AND THEN KEITH MERKEL, WHOEVER YOUR FIRST PERSON IS, PLEASE APPROACH.

[00:05:04]

OKAY. MR. KAUFMAN. YES, SIR. WELCOME.

THANK YOU. TELL US WHAT'S GOING ON.

MR. CHAIRMAN AND MEMBERS OF THE ZONING, PLANNING AND ZONING COMMISSION, I'M BILL KAUFMAN.

I'M A FOR BETTER OR WORSE, I'M A LAND USE LAWYER FROM SAN ANTONIO, AND THEY ASKED ME TO COME KIND OF HELP THEM BECAUSE THIS WAS A SUP. IT'S A LITTLE FOREIGN TO THEM.

THEY COULD TALK ABOUT NOISE, THEY CAN TALK ABOUT BATTERIES.

BUT THEY WERE THEY WANT A LITTLE ASSISTANCE ON HOW TO DO THIS AND HOW TO PRESENT IT HERE.

SO WE'RE HAPPY TO BE HERE.

AND THANK YOU FOR YOUR TIME.

AND THANKS FOR THE PEOPLE THAT SHOWED UP TO WEIGH IN ON THIS TOPIC, WHICH IS VERY IMPORTANT.

IF WE COULD SCROLL BACK UP A LITTLE BIT AND YOU SEE, KEITH IS HERE RIGHT IN THE FRONT ROW, AND MARK STORM IS OUR NOISE EXPERT FROM CALIFORNIA AND HIS FIRM, DUDEK DOES THIS ALL OVER THE WORLD, I GUESS AND WE ASK THEIR ASSISTANCE IN TRYING TO ADDRESS SOME OF THE NEIGHBORHOOD ISSUES.

WE TAKE IT VERY SERIOUSLY.

NEXT SLIDE, PLEASE.

JUST A QUICK ON WHO IS PLUS POWER.

I'VE HAD THE PLEASURE OF REPRESENTING THEM FOR SEVERAL YEARS ON OTHER PROJECTS.

IT'S US, BORN AND RAISED AND RUN BY OUT OF HOUSTON, TEXAS.

THEY HAVE OTHER OFFICES ACROSS THE UNITED STATES.

THEIR BUSINESS IS DEVELOPING, OWNING AND OPERATING BATTERY BASED ELECTRICAL STORAGE SYSTEMS. THIS TERMINOLOGY MAY BE NEW TO YOU.

IT WAS NEW TO ME WHEN THEY INTRODUCED IT TO ME LAST YEAR, BUT THEY DEVELOPED.

AND THEY CAN TALK TO YOU IN MORE DETAIL ABOUT WHAT THIS IS, AND YOU'LL SEE PICTURES IN A MOMENT OF WHAT IT LOOKS LIKE.

THEY'VE GOT AROUND 150 EMPLOYEES AND THEY'RE DOING THESE PROJECTS ALL OVER.

IT IS VERY IMPORTANT TO THE GRIDS ALL OVER THE UNITED STATES TO HAVE THIS CAPABILITY TO STORE ENERGY IN TIMES OF NEED AND EMERGENCIES, AND IN THIS CASE, TO BE ON THE ERCOT GRID WHEN THEY REACH OUT AND SAY, HEY, WE NEED THAT STORAGE, HELP US.

SO NEXT SLIDE WE GOT FOUR IN TEXAS, TWO MORE UNDERWAY.

GAMBIT IS THE NAME OF THIS PROJECT.

IT'S A SUBSIDIARY OF PLUS POWER.

AND THIS IS THE ADDRESS YOU'RE ALL FAMILIAR WITH.

CITY COUNCIL FOLLOWING A HEARING OF THIS COMMISSION, APPROVED A SPECIAL SPECIFIC USE PERMIT OR SUP BACK IN JANUARY OF 2020. THE NEXT YEAR BECAME OPERATIONAL AND SO ON A VERY LARGE SITE AT THIS LOCATION.

NEXT SLIDE. THIS IS THE CURRENT SITE PLAN.

AS PART OF THE SUP, YOU HAVE TO APPROVE THE SITE PLAN.

IT SAYS, WHAT ARE YOU GOING TO BUILD? AND YOU NEVER KNOW TILL YOU START BUILDING AND DESIGNING.

BUT THIS IS THE CURRENT SITE PLAN.

YOU CAN SEE KIND OF ORIENTS YOU A LITTLE BIT.

YOU SEE TO THE RIGHT IS TO THE NORTH.

RIGHT AND TO THE TOP.

YEAH. NORTH IS TO THE TOP.

THAT'S WHERE HERITAGE IS.

AND AND THERE'S ANOTHER SUBDIVISION, MARSHALL ROAD AND ALL TO THE EAST, TO THE RIGHT.

AND THAT'S THE FACILITY.

NEXT SLIDE. THIS IS REALLY A GOOD AERIAL IS SHOWING WHAT IT IS AND WHERE IT IS.

YOU CAN SEE IT'S HEAVILY TREED.

IT HAS A LARGE BERMS ON SEVERAL SIDES, CERTAINLY TO THE EAST AND THE SOUTH.

IT LOOKS LIKE A SMALL ONE TO THE NORTH.

BUT HEAVILY TREED.

LOTS OF VEGETATION.

NEXT SLIDE. THIS IS SOME OF THE PICTURES OF THE WALLS.

THIS IS FROM THE I GUESS TO THE RIGHT IS THE EAST.

YOU CAN'T REALLY SEE THAT NEIGHBORHOOD FROM THE FACILITY AND LIKEWISE, THEY REALLY CAN'T SEE THE FACILITY BECAUSE OF THE TOPO.

AND THAT FIRM DOES A LOT TO HELP.

THIS IS A EIGHT FOOT WALL THAT SURROUNDS THE PROPERTY ON ALL FOUR SIDES.

NEXT SLIDE. THIS IS ANOTHER VIEW.

AND AGAIN, A BURM IN THE WALL.

LESS TREES ON THIS SIDE THAN THERE IS TO THE NORTH, WHERE HERITAGE IS.

NEXT SLIDE. MORE PICTURES.

I THINK MORE OF THE SAME.

WE CAN GO ON.

SO RELEVANT TO TO THIS DISCUSSION IS WHEN THE SUP WAS APPROVED IN 2020, THERE WERE A NUMBER OF

[00:10:08]

AND YOU'VE GOT A BIG STICK.

STICK IS IF YOU DON'T COMPLY, WE CAN EVENTUALLY TAKE AWAY YOUR SOUP.

AND THAT'S IMPORTANT TO THEM.

THEY SPEND HUNDREDS OF MILLIONS OF DOLLARS BUILDING.

THIS IS NO SMALL MATTER, SO IT HAS THEIR ATTENTION.

I SHOWED THE CONDITION D BECAUSE TO BUILD THIS FENCE OR REALLY A SOUND BARRIER.

WE'RE LIMITED IN HEIGHT BECAUSE OF THIS PROVISION.

AND, YOU KNOW, IT SAYS TEN FEET.

NO STRUCTURE, LIGHTING, ETC.

WILL BE TALLER THAN TEN FEET.

IT'S QUESTIONABLE WHAT YOU COULD DO OR NOT DO AS FAR AS SOUND BARRIERS, BUT WE THOUGHT TO BE RIGHT.

WE NEED TO AMEND THAT TO AMEND IT.

WE'VE GOT TO COME HERE AND THEN BASED ON YOUR RECOMMENDATION, GO TO CITY COUNCIL.

SO THIS IS STEP ONE OR STEP ONE OFFICIALLY.

AND THERE WAS ANOTHER CONDITION THAT WE'LL TALK ABOUT IN A MINUTE THAT TALKS ABOUT SOUND LEVEL AND THERE ARE A NUMBER OF QUESTIONS THAT HAVE BEEN ASKED ABOUT NOISE AND HOW YOU MEASURE.

WE COULD TALK ABOUT THAT IN GREAT DETAIL IF YOU'D LIKE.

I'VE LEARNED MORE ABOUT NOISE THAN I HAVE IN THE LAST THREE DAYS, JUST TRYING TO GET A BETTER UNDERSTANDING OF IT.

BUT OUR CONSULTANT HAS SOME RECOMMENDATIONS TO THIS LANGUAGE TO STRENGTHEN IT.

IT'S A LITTLE VAGUE.

AT THE TIME IT MADE SENSE, BUT TO TIGHTEN IT UP A LITTLE BIT AND WE'LL TALK ABOUT THAT IN A MOMENT.

SO IT'S CONDITIONS D AND CONDITION F THAT ARE IN OUR SUP.

NEXT SLIDE. SO THE BALL STARTED, GOT ROLLING REALLY LAST SUMMER.

EXTREME HEAT.

WHAT HAPPENS IN EXTREME HEAT? WHAT HAPPENS IN YOUR HOUSE IS YOU RUN YOUR AIR CONDITIONER MORE.

IT PRODUCES LOUD NOISE.

SEVERAL NEIGHBORS COMPLAINED THERE MAY HAVE BEEN MORE NEIGHBORS UNHAPPY, BUT ONLY SEVERAL COMPLAIN.

WE SAID, OOPS, WE BETTER CHECK INTO THIS.

SO WE HAD WE HIRED MARK'S FIRM AND MARK CAME OUT.

AND OVER THREE DAYS, IN THE HEAT OF THE SUMMER, DID SOME STUDIES.

YOU KNOW, OUR WE ALL WANT THINGS TO HAPPEN RIGHT AWAY.

BUT THIS IS SCIENCE.

SO WE'RE RELYING ON THEM TO DESIGN SOMETHING THAT WOULD HELP WITH NOISE.

NOW WHETHER OR NOT IT WAS WITHIN THE PARAMETERS WE AGREED TO IN OUR ORIGINAL, WE CAN'T TELL.

COULD IT HAVE BEEN OVER? COULD HAVE BEEN.

IT SURE COULD HAVE BEEN.

BUT NOT ALL THE TIME.

BUT THERE ARE TIMES WHEN IT'S REALLY HOT AND USUALLY OVER 100 DEGREES OR SO, AND THE TO PROTECT THE BATTERIES THE FANS RUN, AND THEY CAN BE LOUD.

OKAY, SO WE ENGAGED DUDEK I HOPE I PRONOUNCED THAT CORRECTLY.

YEAH. TO ADDRESS IT.

LOTS OF CONVERSATIONS FROM LAST YEAR TO NOW TRYING TO FIGURE OUT WHAT IS THE BEST SOLUTION.

NOT ANY SOLUTION IS A GOOD SOLUTION.

AND IT REALLY WASN'T REALLY BASED ON MUCH MONEY IS WHAT'S GOING TO WORK.

I THINK WE ASKED THE QUESTION, WHAT IF IT DOESN'T WORK WELL IF IT DOESN'T WORK, WE SPENT HUNDREDS OF THOUSANDS OF DOLLARS FOOLISHLY.

AND SECONDLY, WE STILL HAVE A PROBLEM.

SO THEIR SELFISH NEEDS THEY BE GAMBIT IS TO PROTECT THEIR INVESTMENT, BUT THEY ALSO HAVE RESPONSIBILITY TO THEIR NEIGHBORS TO THE EAST AND NORTH, PARTICULARLY TO TAKE THIS SERIOUSLY AND DESIGN SOMETHING THAT WILL HELP.

SO THE ENGINEER CAME BACK, AND MARK CAME BACK AND SAID AFTER MUCH STUDY, THEY REALLY EXAMINED DIFFERENT HEIGHTS OF SOUND BARRIERS, WHAT WOULD WORK, WHAT KIND OF MATERIALS.

AND THEY RECOMMENDED A 18 FOOT SOUND BARRIER THAT'S REALLY CLOSE TO THE BATTERIES RIGHT NOW.

THE WALL IS SEPARATED SOME DISTANCE FROM THE BATTERIES.

WE CAN GO BACK TO THOSE PHOTOS LATER AND LOOK AT IT.

BUT WITHIN EIGHT FEET, ROUGHLY TO PUT UP A SOUND BARRIER.

AND AS MARK SAID, I THINK I HAVE THIS CORRECTLY.

WE WANT TWO THINGS TO HAPPEN.

THEY DON'T HAVE TO. ONE IS IT TO BLOCK A NOISE BLOCKER MY TERM AND TO ABSORB NOISE? THAT'S THE BEST YOU CAN DO, ONE OR THE OTHER.

BUT IF YOU REALLY WANT TO DO SOMETHING GOOD, YOU'RE GOING TO DO BOTH.

AND SO THEY'VE COME BACK WITH A RECOMMENDATION ON THIS.

IN ORDER TO DO THIS, NATURALLY THEY HAVE TO CHANGE THAT CONDITION D, WHICH LIMITS THE HEIGHT OF ANY FENCE.

SO WE SAID, OKAY, LET'S DO IT.

[00:15:03]

WE HAVE OUR FOLLOWING APPLICATION.

WE'VE GOT TO DEAL WITH STAFF. STAFF'S BEEN REALLY RESPONSIVE TO THEM.

AND THEY'VE BEEN A LOT OF BACK AND FORTH BACK AND FORTH.

BUT THAT'S WHY WE'RE HERE TODAY PRINCIPALLY TO ERECT THAT NOISE BARRIER AROUND THE PROPERTY.

NEXT SLIDE. THIS IS JUST GENERAL INFORMATION WHERE IT'S GOING TO BE.

THE ONLY NEED TO DO IT IS ON THE NORTH SIDE, WHICH IS HERITAGE SIDE, AND THEN TO THE EAST, WHERE IT'S THE OTHER NEIGHBORHOOD. QUITE FRANKLY.

WHEN THE, WHEN WE RECEIVED SOME COMPLAINTS LAST SUMMER IT TRIGGERED A LOT OF STUDY.

AS LATE AS THIS FEBRUARY, SEVERAL OF THEM WENT TO BOTH NEIGHBORHOODS AND KNOCKED ON DOORS.

AND I THINK OVER 22 PLUS PEOPLE HERITAGE WAS A LOT MORE RESPONSIVE AND EXPRESSIVE.

THE OTHER NEIGHBORHOOD REALLY DIDN'T WANT TO.

THEY DIDN'T CARE OR DIDN'T WANT TO ANSWER THE DOOR.

WE LEFT FLIERS AT ALL THOSE HOUSES TO CALL IN CASE YOU HAD A QUESTION.

THE WORST THING WE CAN DO IS NO ONE'S CALLING US.

BUT THERE MAY BE SOME PEOPLE THAT REALLY WANT TO WEIGH IN, SO WE DID.

I THINK ALL THAT'S REASONABLY WE COULD DO.

AND SO THERE HAVE BEEN QUESTIONS ABOUT THE STRUCTURE OF THE THING, IT WILL OF THE NOISE BARRIER.

IT WILL COMPLY WITH ALL CITY REQUIREMENTS.

THERE'S STILL SEVERAL OPTIONS ON MATERIALS, BUT IT'S GOING TO LOOK THE SAME TO ANYBODY.

IT'S WHAT'S ON THE INSIDE THAT MATTERS.

AND AGAIN, AS I SAID EARLIER, IF YOU RECALL, IT'S GOT TO ABSORB SOME NOISE AND IT'S GOT TO REFLECT AND THERE WAS QUESTIONS ABOUT THE FIRE RETARDANT.

IF YOU'RE CONCERNED ABOUT IT BEING 400FT, HOW DO YOU THINK WE'RE CONCERNED ABOUT IT? EIGHT FEET FROM OUR MILLION DOLLAR BATTERIES.

SO IT'S VERY IMPORTANT AND SO THE MATERIALS SELECTED WILL COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS.

AND STRUCTURALLY, IT'S GOT TO BE SOUND BECAUSE THE WORST THING THAT IT HIGH WINDS OR SOMETHING THAT POPS AROUND THAT AIN'T GOING TO HELP US AND IT AIN'T GOING TO HELP US.

THE NOISE. OKAY.

I DON'T KNOW WHAT ELSE YOU HAVE, BUT I'M VERY INTERESTED TO HEAR YOUR SOUND EXPERT.

YES, SIR. I THINK WE'RE RIGHT NEAR THE END.

OKAY. IF I CAN JUST DO A COUPLE QUICK SLIDES.

HERE'S AGAIN PICTURES OF THE TO THE NORTH IS TO THE LOWER RIGHT.

AND IT JUST SHOWS YOU WHAT BATTERIES LOOK LIKE.

OKAY. THEY'RE JUST LOOK LIKE CONTAINERS.

RAILROAD CARS, BUT NICER.

NEXT SLIDE. THIS IS A PRETTY GOOD RENDITION.

THIS IS. THIS WAS CREATED ARTISTICALLY.

I'M NOT GOING TO TELL YOU THIS CAME FROM ANY PLACE SPECIFIC, BUT WE ASKED THEM TO SAY, WHAT IS IT GOING TO LOOK LIKE FROM HERITAGE? AND THAT'S GENERALLY WHAT IT'S GOING TO LOOK LIKE.

THE WALLS EIGHT FEET. SO IT'S ANOTHER SIX FEET OVER THE WALL.

THERE HAVE BEEN QUESTIONS ABOUT COLORS.

YOU KNOW, COLORS IN THE EYE OF THE BEHOLDER.

I YOU KNOW, I YOU KNOW, SOME PEOPLE MAY LIKE BROWN, SOME MAYBE LIKE GREEN, SOME PEOPLE MAY WANT CAMOUFLAGE.

SO THAT'S SOMETHING WE CAN FIGURE OUT LATER BUT WE SAY 18FT.

SO IF IT'S EIGHT FOOT, IT'S TEN FOOT OVER.

OH, I'M SORRY, YOU'RE RIGHT.

TEN FOOT. IT'S LAWYER MATT.

JUST MAKING SURE. OKAY.

NEXT SLIDE. THIS IS FROM OUR SOUND EXPERT, AND I'M NOT GOING TO GO INTO GREAT DETAIL.

MARK CAN.

BUT UNDER THE SUP, WE WERE REQUIRED BEFORE ANYTHING WAS BUILT TO STUDY THE AMBIENT SOUND LEVELS CURRENTLY ON THAT SITE WITH NOTHING.

BECAUSE YOU'VE GOT TO KNOW WHAT EFFECT ARE YOU HAVING ON CURRENT SOUND AND SO YOU ESTABLISHED A BASELINE.

YES, SIR. THAT'S THE BASELINE.

THAT'S THE FIRST COLUMN WITH THE NUMBERS DECIMAL LEVELS.

THE COLUMN TO THE RIGHT IS REALLY SOUND GENERATED FROM THIS SITE BECAUSE AFTER ALL, YOU CAN IMAGINE THE AMBIENT LEVEL WILL INCREASE OVER TIME.

NOTHING TO DO WITH THIS FACILITY, JUST MORE HOUSES BUILT, YOU KNOW, MORE TRAFFIC ON THE HIGHWAY, MORE TRAFFIC.

YOU CAN'T CONTROL THAT.

BUT WE CAN CONTROL WHAT THE SOUND FROM THE SITE.

SO THAT'S WHAT THE RIGHT IS.

YOU'LL SEE, IN ALL CASES IT'S WELL WITHIN THE GUIDELINES IN THE SUP.

WE'VE GOT TO BE BELOW THOSE NUMBERS ON THE FIRST COLUMN.

[00:20:01]

DO WE KNOW WHAT IT IS TODAY OR WHAT IT WAS DURING LAST SUMMER'S LAST SUMMER IT WAS GENERALLY WITHIN, BUT THERE WERE TIMES THAT IT WAS NOT OKAY.

ALRIGHT. YEAH, WE RECOGNIZED IT WAS AN ISSUE.

YEAH. LOOK, IT'S LIKE YOU.

YOU BUY A GENERATOR FOR YOUR HOUSE, THE MANUFACTURER TELLS YOU IT PRODUCES THIS LEVEL WITH THIS FAN.

SURE. IN THIS CASE, IT'S TESLA.

AND SOMETIMES IT DOESN'T OPERATE THAT WAY.

SO WE'VE BEEN WORKING TO HOW DO WE FIX THAT IN A WAY THAT'S PALATABLE.

AND A COUPLE MORE SLIDES.

AND WHAT MAY I ASK.

YES. [INAUDIBLE] PLEASE DO ASK THE LEFT HAND COLUMN.

THAT WAS AMBIENT BEFORE THE STRUCTURE WAS BUILT.

YES, MA'AM. RIGHT HAND COLUMN THAT IS SUPPOSEDLY AFTER THE BARRIER WILL BE FROM THAT SITE.

YES, MA'AM.

HERE THE NUMBERS [INAUDIBLE].

WELL, I DON'T HAVE ONE HERE, BUT WE CAN TALK ABOUT IT.

SO. OKAY. SO WE'LL GET INTO THAT IN A PUBLIC HEARING.

SO GO AHEAD, MR. KAUFMAN, BECAUSE I'M ANXIOUS TO HEAR FROM [INAUDIBLE] SO THEN FINALLY THE MODIFICATION REQUEST IS THIS IS DRAFTING.

SORRY I APOLOGIZE THE LINES WE TOOK STAFF'S RECOMMENDATION AND JUST CLARIFIED IT A LITTLE BIT IN NUMBER ONE.

OUR CONSULTANT SAID, YOU KNOW, TO IF WE'RE EVER GOING TO HAVE TO REALLY BE TESTED, YOU NEED TO CORRECTLY STATE WHAT THE TESTING IS GOING TO BE AND THAT'S WHERE THE WORD AVERAGE CAME IN.

IT'S USED IN THE NEXT LINE ALREADY AND THEN THERE WAS A QUESTION ABOUT WHAT IS EMERGENCY? AND WE'VE ADDED AN EXAMPLE OF ERCOT ISSUING A NOTIFICATION.

IT'S REALLY WHEN ERCOT SAYS, HEY, YOU GOT TO DO THIS AND THEY TELL US TO CONSERVE ENERGY AND YEAH, I'M NOT SAYING IT'S FAIR.

AND THEN WE ADDED THE WORD SAFELY TO THE VERY END OF TWO.

AND THAT'S REALLY TO TIGHTEN THIS.

THERE WAS A QUESTION ARE YOU ASKING FOR A VARIANCE ON SOUND.

NO, THERE ARE EXCEPTIONS.

LIKE ANYTHING ELSE.

IT'S KIND OF LIKE I USE THE EXAMPLE TRAFFIC.

YOUR TRAFFIC MAY BE 40 MILES AN HOUR ON YOUR.

BUT IF THERE'S AN AMBULANCE IT CAN GO 70 MILES AN HOUR.

RIGHT. SO AT TIMES WHEN YOU'RE DEALING WITH THIS BY THE WAY, THIS STATION OR FACILITY IS CONNECTED TO YOUR UTILITY COMPANY TRANSMISSION. AND SO WHEN THERE'S AN EMERGENCY, IT'S EMERGENCY FOR YOU AS WELL AS THEM.

OKAY AND BUT WE ADD THE WORD SAFELY TO TIGHTEN, WE THOUGHT IT WAS TOO BROAD JUST TO SAY, YOU KNOW, WE NEED OTHER THINGS, BUT IT HAD TO WE ADDED THE WORD SAFELY TO TIGHTEN IT AND THAT'S REALLY IT.

THEN THE STAFF REPORT IS IF YOU CAN JUST GO DOWN ONE MORE SLIDE.

I THINK OTIS WILL TALK ABOUT STAFF RECOMMENDING OR SUGGESTING YOUR ENDORSEMENT OF OUR RECOMMENDATIONS AND DESCENDANTS CITY COUNCIL.

I'LL LET STAFF SPEAK FOR THEMSELVES.

ALL RIGHT, SO I KNOW THIS LADY'S GOT A QUESTION FOR YOU, I ASSUME.

AND WHAT IS YOUR NAME, MA'AM? DIANA STOKES.

DIANA, PLEASE ASK YOUR QUESTION.

YES, PLEASE COME TO THE MIC.

WAS THE SOUND [INAUDIBLE].

PLEASE TELL HER TO COME TO THE MIC.

YES, MA'AM. WAS IT CONDUCTED BY THE SAME COMPANY? YES, MA'AM. OKAY.

DIANE STOKES.

MA'AM. WILL WE BE ABLE TO HAVE THE RESULTS OF THEM? I COULDN'T CARE LESS, BUT.

SO. OKAY, MR. KAUFMAN, THANK YOU VERY MUCH.

YES, SIR. I FEEL LIKE I'VE BEEN ADEQUATELY EDUCATED ON THIS ISSUE.

IS IT? I'M SORRY, SIR, I DON'T REMEMBER YOUR NAME.

BILL KAUFMAN AND THE GENTLEMAN BEHIND YOU, MARK STORM.

WOULD YOU COME TO THE MICROPHONE, PLEASE? YOU'RE THE SOUND EXPERT, RIGHT? OKAY. FROM CALIFORNIA, WELCOME TO TEXAS.

THANK YOU. BE GLAD YOU'RE NOT HERE IN JULY OR AUGUST, I HAVE BEEN.

SO TELL US NOT IN TECHNICAL TERMS, BUT TELL US WHAT THE PLAN IS FOR I'M CURIOUS MYSELF ABOUT ABSORPTION VERSUS SIMPLY A BARRIER AND I'M CURIOUS TO KNOW ABOUT THE QUESTION THAT MISS STOKES ASKED REGARDING WHO DID THE STUDY INITIALLY, WHO DID IT LAST SUMMER WHEN IT WAS SO HIGH ON BASED ON WHAT ARE YOU ESTIMATING THE NUMBERS THAT WE SAW ON THAT FAR RIGHT HAND COLUMN? IF YOU CAN BRING THOSE UP AGAIN ONCE, PLEASE.

SO, MR. STORM, I KNOW THAT WAS A LOT.

SO DO YOUR BEST.

SURE. WELL, LET ME SPEAK ABOUT THE BARRIERS, BUT IT SOUNDS LIKE YOUR FIRST POINT AND AS BILL BROADLY SUMMARIZED NOW BARRIER CAN BE

[00:25:09]

IT'S MEANT TO BLOCK SOUND.

RIGHT. AND YOU CAN GO LOOK AT THE INTERNET AND FIND A VARIETY OF PRODUCTS THAT CAN BE HARD MATERIALS OR BLANKETS.

MASS LOADED VINYL IS ONE.

TERM OF ART. I GUESS THAT DESCRIBES IT.

BUT WHAT WE'RE PROPOSING HERE IS ONE THAT'S A SOUND BLOCKING MATERIAL, LIKE A MASS OF VINYL OR OTHER MATERIALS.

AGAIN, OR YOU SAID LIKE A WHAT? A MASS OF VINYL, MASS LOADED VINYL.

MASS LOAD, OKAY. BUT IT COULD BE, YOU KNOW, SOMETHING MORE SOLID.

YEAH. IT IS. YOU WANT A MASS OF MATERIAL THAT HELPS BLOCK THE SOUND, BUT YOU ALSO WANT A ACOUSTICALLY ABSORPTIVE MATERIAL, RIGHT? YOU KNOW, FOR INSTANCE, IN ONE'S HOUSE, THEY MIGHT HAVE FIBERGLASS INSULATION THAT'S NOT ONLY THERMALLY INSULATED BUT ALSO PROVIDES ACOUSTICAL ABSORPTION AS WELL.

THAT'S A SIDE BENEFIT FOR WHY YOU HAVE THAT IN YOUR HOUSE WALLS.

SO THE BARRIER WE'RE PROPOSING IS GOING TO HAVE A COMBINATION OF BOTH.

AND THE REASON FOR THAT IS YES, YOU WANT TO BLOCK SOUND.

SO IF I HAVE BATTERIES HERE AND THE HOMES OVER HERE AND I PUT UP THE BARRIER, YES, I'M GOING TO BLOCK SOUND FROM GOING TO THAT RECEPTOR.

BUT I JUST WANT TO ABSORB THE SOUND THAT'S FACING THE EQUIPMENT SO IT DOESN'T REFLECT NOISE.

SO THE OTHER DIRECTION MAKES SENSE AS YOU SAW IN THE PICTURES, YOU KNOW, WE'RE DESIGNING THE BARRIER IN SUCH A WAY AN L SHAPE.

SO IT'S PROVIDING THAT BLOCKING AT THE SAME TIME FROM THE IF I'M ONE OF THE FANS ON TOP OF THE BATTERY UNITS, I'M SEEING AN ABSORPTIVE BARRIER.

IT'S GOING TO SOAK UP THAT ENERGY AGAIN, REDUCE THE REFLECTION AGAIN DIRECTION AS WELL.

AND SO WHAT IS YOUR THE BASIS OF YOUR CALCULATION THERE IN TERMS OF, YOU KNOW, HOW CAN OUR COMMUNITY BE ASSURED THAT THOSE ARE THE NUMBERS THAT WE WILL EXPERIENCE IN IN PERIODS OF FUTURE HEAT LIKE WE HAD IN JULY OF 2023? SURE.

SO THE NUMBERS ON THE RIGHT HAND COLUMN ARE THE RESULTS OF MY ANALYSIS THAT I PERFORMED THAT WERE INFORMED BY MEASUREMENTS THAT WERE CONDUCTED LAST SUMMER.

DURING WHICH TIME THERE DURING WHICH TIME THEIR ELEVATED OPERATION LEVELS FROM THE EQUIPMENT.

SO BASICALLY I PUT THAT INTO MY MODELING PROGRAMS AND USE THAT TO DEVELOP THE PROPOSED BARRIER SOLUTION.

YOU KNOW, ONE MIGHT ASK WHY 18FT TALL? WELL, BECAUSE THAT'S WHAT I WOULD CONSIDER, AGAIN, BASED ON ITERATIONS, I PERFORMED A GOOD HEIGHT.

IF I CAN GET AS CLOSE TO THE BARRIERS AS I CAN AND DO THAT SAFELY AND GET RESPECT, NON ACOUSTICAL CONCERNS THAT MY MODELING WAS TELLING ME, OKAY, I WANT THAT BARRIER THAT CLOSE AND THAT TALL AND THAT WILL YIELD NOISE REDUCTION BENEFIT THAT ALLOWS ME TO SHOW THOSE LEVELS FROM THE FACILITY.

AND SO VERY BRIEFLY AND I MEAN, I DON'T MEAN TO IMPLY ANY DISRESPECT WHATSOEVER IN THIS QUESTION.

WHAT MAKES YOU AN EXPERT IN THIS FIELD? I'VE BEEN DOING THIS FOR OVER 30 YEARS AS A NOISE CONTROL CONSULTANT, VERY FAMILIAR WITH THREE DIMENSIONAL SOUND PROPAGATION MODELS. I'VE ACTUALLY BEEN ON THE MANUFACTURING SIDE WHERE EARLIER IN MY CAREER ACTUALLY DESIGN ENGINEERED NOISE BARRIER SOLUTIONS SIMILAR TO THIS.

AS A MATTER OF FACT, I WAS TELLING MY COLLEAGUES MANMADE STADIUM, RIGHT.

THAT'S BEEN THERE FOR DECADES.

I DESIGNED THE FAN TOWERS THAT ARE IN THAT FACILITY.

THEY HAD TO BE VERY COMPACT.

LARGE MAIN AXIAL FANS THAT ARE HAVE SILENCERS MOUNTED ON THEM.

SO AGAIN, IT'S A KIND OF ENGINEERING THAT I NOISE CONTROL ENGINEERING THAT I BRING TO THE TABLE.

DON'T ASK ME TO DESIGN YOUR HOME THEATER.

I DON'T DO THAT AUDIO, BUT KILLING NOISE IS MY JOB.

OKAY I KNOW THIS LADY HERE HAD A QUESTION.

YES. SO, CHAIR, CAN WE OPEN THE PUBLIC HEARING BEFORE WE GET ANY MORE PUBLIC INPUT? I DON'T WANT TO DO QUESTION AND ANSWER DURING THE PUBLIC HEARING.

I JUST WANT TO GET COMMENTS AT THAT POINT.

SO YOU HAD A QUESTION.

MY QUESTION WAS WHEN YOU PERFORM THE SOUND STUDY, DID YOU DO IT AT A TIME WHEN THE FACILITY WAS SELLING THE POWER BACK TO THE GRID? BECAUSE WE ALL KNOW THAT'S WHEN IT RAMPS UP.

AND THAT'S I'M JUST TRYING.

YOU KEEP USING THE WORD AMBIENT.

[INAUDIBLE]. YEAH, IT WAS THE FIELD NOTES FROM THE REPORT IS IT WAS 85 TO 100 DEGREESIN TEMPERATURE.

AND THAT WOULD BE A GENERAL OPERATING DAY.

SO THE FANS WERE RUNNING.

YES. OKAY.

ALL RIGHT. MAY I ASK A QUESTION? YES. PLEASE DO. ALL RIGHT.

MY COLLEAGUES GOT A QUESTION HERE IN THE COMMISSION.

[00:30:02]

SORRY IF THESE NUMBERS ARE FOR A STANDARD OPERATING DAY IN THE SUMMER, 85 TO 100.

DO YOU GUYS HAVE ANY SIMILAR NUMBERS FOR THE HEAT WE WERE KIND OF EXPERIENCING WHEN THE SOUND REALLY RAMPED UP.

AND ALSO AT WHAT, I GUESS AT WHAT TEMPERATURES WILL IT NO LONGER BE EFFECTIVE AT KEEPING THE CURRENT SOUND LEVEL TO THE AMBIENT SOUND LEVEL? RIGHT. BECAUSE I'M ASSUMING YOU THIS 18 FOOT BARRIER IS PUT TOGETHER WITH ASSUMPTIONS OF A CERTAIN SOUND COMING OFF THE MACHINES, RIGHT OFF THE BATTERIES.

SORRY AND WHICHEVER ONE OF YOU CAN ANSWER.

YES IT DOES. YEAH. OKAY.

DESIGNING DESIGN BARRIER TO FUNCTION AND BLOCK ABSORB NOISE FROM THE EQUIPMENT.

YOU KNOW, THE NOISE IT MIGHT MAKE.

SO, YEAH, IF THE FANS ARE OPERATING LEVEL, YOU KNOW, I'M INFORMED OF WHAT THAT THOSE LEVELS ARE.

AND I MEAN, WHEN THE BARRIER IS INSTALLED, IT'S GOING TO REDUCE NOISE REGARDLESS OF WHAT THOSE.

OH, ABSOLUTELY.

RIGHT. BUT AT WHAT POINT I GUESS MY QUESTION IS AT WHAT TEMPERATURE IS THIS THING GOING TO START BEING LOUDER THAN IT WAS BEFORE WE PUT THIS IN? BEFORE WE PUT THE BATTERY PARK IN, IS THERE A CHANCE THAT THE AMBIENT SOUND COULD INCREASE HIGHER THAN WHAT WE EXPERIENCED IN JULY 2023? I DON'T BELIEVE SO, BECAUSE LET ME CLARIFY THAT.

[INAUDIBLE] LETS SAY I'VE GOT A UNIT THAT'S OPERATING AT, YOU KNOW, LET'S SAY I'LL SAY 90%.

RIGHT. IT'S, THAT'S A FIXED RELATIONSHIP BETWEEN, YOU KNOW, HOW FAST THE FANS ARE RUNNING, THE COOLING SYSTEMS ARE RUNNING AND OPERATING MUCH LIKE AT YOUR HOME AIR CONDITIONER.

CRANK IT UP TO 9 OR 10.

IT'S GOING TO PRODUCE NOISE AT THAT LEVEL.

AND WE PUT UP THIS BARRIER.

IT'S GOING TO REDUCE NOISE AT A DISTANT RECEPTOR.

SO WE'VE ALREADY SEEN BASICALLY THE MAXIMUM NOISE LEVEL WE'RE LIKELY TO SEE OFF OF THIS FACILITY.

THIS BARRIER IS BUILT TO ACCOMMODATE FOR THAT MAXIMUM NOISE LEVEL.

I GUESS THE QUESTION IS WHY DO WE NEED TO GRANT ADDITIONAL EXCEPTIONS IF THIS NEW BARRIER WILL KEEP THE AMBIENT NOISE DOWN TO WHERE IT WAS PRIOR TO THE FACILITY BEING CREATED, IS THERE ARE THERE CERTAIN CIRCUMSTANCES, A MALFUNCTION? I'LL JUMP INTO THAT.

YEAH. SO, AND IT GETS COMPLICATED WITH THE MATH AND COMBINING THESE VARIABLES.

SORRY. BUT ESSENTIALLY IT TAKES THE THERE'S A COMBINATION OF THE TEMPERATURE, THE AMBIENT TEMPERATURE, BUT ALSO THE BATTERY'S FUNCTIONING.

SO IT DEPENDS ON HOW THE BATTERY IS OPERATING.

IN PARTICULAR, POINT IN TIME WOULD ESSENTIALLY MAKE THE FANS OPERATE MORE OR LESS.

SO IT'S HARD TO SAY WITH CERTAINTY THAT IN ALL CONDITIONS, IT WILL NEVER BE AT A POINT THAT IS ABOVE THE PREVIOUSLY RECORDED AMBIENT LEVELS.

OKAY. YEAH.

KEITH SO YOU KNOW WHAT EQUIPMENT YOU'VE GOT OUT THERE, RIGHT? YES. CAN YOU CALCULATE WHAT THE MAXIMUM AMOUNT OF SOUND IT MIGHT PUT OUT IS UNDER THE WORST POSSIBLE CIRCUMSTANCES? I CANNOT THE SPECIFICATIONS THAT HAVE BEEN PROVIDED BY THE MANUFACTURER ALLOW FOR A VARIATION IN THE SPEED LIMITS UP TO A CERTAIN LEVEL, AND IT IS AN ALGORITHM THAT THEY CONTROL IN ORDER TO KEEP THE BATTERY OPERATING SAFELY.

GOTCHA. SO THERE'S VARIABILITY IN THE FANS INCREASING OR DECREASING IN ORDER TO MAINTAIN LIKE THRESHOLD.

SO THE BATTERIES ARE ALWAYS OPERATING IN A SAFE MANNER AND THEY'RE NOT IMPACTING OR HURTING THEMSELVES OR ESSENTIALLY LIKE TAKING THEMSELVES OUT OF OPERATION.

SO THERE'S NO WORST CASE SCENARIO YOU CAN GIVE US FROM A SOUND PERSPECTIVE.

WELL, I'LL MAKE THIS OBSERVATION.

AND THAT IS THAT IF THESE CORRECTIVE MEASURES DON'T WORK, THEN IT'S MY INTERPRETATION OF THE SUP.

THAT AT SUCH TIME AS THE SOUND EXCEEDS THAT AMBIENT LEVEL FROM 2020, THE SITUATION WILL HAVE TO BE ADDRESSED YET AGAIN.

SO, AND OBVIOUSLY YOU DON'T WANT TO ADDRESS THIS MORE THAN ONCE.

YES, I AGREE. THAT'S WHY WE'VE HIRED THE NOISE EXPERT TO GIVE US THE RECOMMENDATIONS.

[00:35:01]

BUT IF WE WERE TO MAKE THE CHANGES TO WHAT WAS IT, CONDITION F THAT ALLOWED FOR THE HEIGHT, THE. NO, THAT'S D, F IS THE OTHER ONE.

THEY'RE ASKING FOR THE OPERATION SAFELY OR EMERGENCY? UNDER EMERGENCY. OR JUST IF IT GETS HOT ENOUGH.

SO SAY WE JUST GET A PARTICULARLY HOT SUMMER, AND IT'S NECESSARY FOR THESE HOTTER THAN LAST YEAR.

AND IT'S NECESSARY FOR THESE BATTERIES TO OPERATE SAFELY, TO EXCEED THE SOUND WE'RE TALKING ABOUT HERE.

WE COULD SEE AN INCREASED IN THE DECIBEL LEVEL, AND IT WOULD BE PERMITTED UNDER THE SUP IF WE ADOPTED THE CHANGES YOU'RE MAKING.

IS THAT CORRECT? THAT SOUNDS ACCURATE.

THE EMERGENCY CONDITIONS THAT WE ARE TRYING TO BE ABLE TO SUPPORT OUR PUBLIC FOR [INAUDIBLE] IN THE CASE OF GRID INSTABILITY.

AND THE INTENTION OF, THE LANGUAGE IS TO PROVIDE SOME CLARITY AROUND WHAT CONSTITUTES AN EMERGENCY CONDITION.

I THINK PREVIOUSLY IT DIDN'T HAVE THAT CLARITY.

SO WHAT WE'RE TRYING TO DO IS PROVIDE BOUNDS OF OF WHAT THAT SHOULD MEAN.

I KNOW THERE WAS A QUESTION FROM THAT WAS PROVIDED PREVIOUS TO TO TODAY.

SO THAT'S WHY WE ADDED THAT ADDITIONAL EXAMPLE THAT'S NOT REFERENCED ON THE BOARD HERE TODAY, BUT THAT INCLUDES [INAUDIBLE] ISSUED NOTIFICATION FOR AN EMERGENCY.

AND WHAT THAT MEANS IS [INAUDIBLE] IS CONSTANTLY LOOKING AT THEIR ABILITY TO MAINTAIN ENERGY FOR THE PUBLIC.

AND AT CERTAIN LEVELS, THEY REACH A POINT OF CONCERN GRID VULNERABILITY, LIKE ON THE, ON THE RAMP OR LEAD UP TO WHAT COULD LEAD TO ROLLING BLACKOUTS.

AND THEY ISSUE NOTIFICATIONS TO OPERATORS TO ASK FOR ADDITIONAL RESERVES.

AND THAT'S WHAT WE ARE KIND OF INCLUDING FOR THAT EMERGENCY SITUATION.

GOTCHA. CAN YOU UNDER ANY CIRCUMSTANCES CONTEMPLATE A SITUATION WHERE YOU DON'T HAVE AN EMERGENCY AND YOU COULD SAFELY RAMP THE BATTERIES DOWN, BUT THE JUST THE PURE TEMPERATURE ALONE IS GOING TO CREATE A INCREASED AMBIENT SOUND LEVEL.

NO. OKAY.

ALL RIGHT. SO I'M ANXIOUS TO KICK OFF THE PUBLIC HEARING.

AND SO DO WE NEED TO TAKE A MOTION TO OPEN THE PUBLIC HEARING.

WE'VE CHANGED IT SO MANY TIMES.

CAN YOU HEAR ME? THIS IS JUDITH.

YES. OKAY.

THANK YOU. JUDITH. AT THIS TIME, I'LL ENTERTAIN A MOTION TO OPEN THE PUBLIC HEARING.

SO MOVED. I HAVE A MOTION BY MR. HESTON AND A SECOND BY MR. CLARK. ALL THOSE IN FAVOR INDICATE SO BY SAYING AYE, OPPOSED SAME SIGN.

THE PUBLIC HEARING IS NOW OPEN AND CLOSE.

WE HAVE MR. PELTIER AND MR. GARWOOD BEFORE MR. PELTIER SPEAKS. I WOULD LIKE TO ADD ONE OTHER THING ABOUT THE ORDINANCE THAT IS A DRAFT ORDINANCE THAT'S IN THE PACKET.

THERE IS AN ABSENCE OF A REFERENCE ON THE ORDINANCE TO OUR EXISTING NOISE ORDINANCE, AND THERE'S AN ABSENCE OF A REFERENCE TO WHAT STATE LAW IS.

SO IF THAT WOULD MAKE THE P&Z COMMISSION MORE COMFORTABLE, WE CAN CERTAINLY ADD THAT JUST SO THAT, YOU KNOW, OUR NOISE ORDINANCE IN THE CITY OF ANGLETON TRACKS STATE LAW AND A MAXIMUM DECIBEL MEASURE THAT CAN BE MEASURED IS 85DB.

ALL RIGHT. THANK YOU. JUDITH.

YOU'RE WELCOME. ALL RIGHT.

CHRIS PELTIER, I'M THE DEVELOPER OF HERITAGE OAKS, AND I WAS INVOLVED IN EVERY MEETING, TOWN HALL MEETING, COUNCIL MEETING WITH MOLLY EMERSON, CAMBRIAN ENERGY.

WHEN THIS WAS PROPOSED I GOT AN ADVANCE COPY FROM COUNCIL WHO HAD ONE.

AND I PRESENTED CODY BOSSERT, WHO WAS MAYOR PRO TEM.

NOW, OUR STATE REPRESENTATIVE FIRST SAID, HELL NO, WE'RE NOT DOING THIS AND CAME BACK ON PROPERTY TAX.

YEAH, LET'S MAKE IT WORK.

BUT SO HE AND I WERE INVOLVED IN EVERY FACET OF THIS FOR MONTHS WITH MOLLY EMERSON, GAMBIT ENERGY, WHO WAS BEFORE THE CITY.

AND THEN I WAS INVOLVED IN WITH MICHAEL GRABSTEIN WITH TESLA THROUGHOUT THEIR OPERATION OF IT.

THEY WERE RUNNING IT PRIOR TO THIS GROUP COMING IN.

WE HAD PROBLEMS I CONTACTED HIM, HE WAS RESPONSIVE.

BUT THROUGHOUT EVERY EVERY CONVERSATION THAT WE HAD WHEN COUNCIL, WE ALL AGREED THAT THERE

[00:40:03]

WHEN I LOOK AT CONDITION F THAT THEY ADD AND IT'S, IT'S ON PAGE 33 AND BOTH ARE REQUIRED TO ENERGY STORAGE UNIT OPERATE SAFELY.

THAT'S KIND OF OPEN SEASON FOR THEM TO VIOLATE IT.

WHAT ARE THEY CONSIDER SAFELY WHAT IS DONE.

THE WHOLE PREMISE OF THE SUP WAS BASED ON WHAT WE DECIDED BACK THEN, AND THAT WAS MONTHS AND MONTHS OF MEETINGS.

YOU ADD THAT I UNDERSTAND WHY THEY WANT IT.

IT GIVES THEM THE FREEDOM TO OPERATE IT IN A DIFFERENT MANNER.

BUT IT'S NOT THE MANNER THAT WAS AGREED TO IT.

IT'S NOT THE WHOLE PREMISE BEHIND THE SUP.

YOU JUST I UNDERSTAND YOU HAD TO MODIFY IT, BUT THAT'S A BIG PROBLEM IT'S A VERY LOUD.

I'LL GIVE YOU A.

[INAUDIBLE] THAT NOISE IS, WHEN THE FANS ARE GOING AWAY, MOLLY AND MICHAEL [INAUDIBLE].

SO EXPLAIN TO ME WHEN IT THEY'RE DOWNLOADING THE ELECTRICITY FROM THE BATTERIES INTO THE GRID.

THEY HAVE DIFFERENT.

JUST LIKE A FAN. DOES YOUR AC FANS KICK ON HIGHER SPEED, THEY MAKE MORE NOISE.

THAT WAS DISCUSSED PRIOR TO EVEN THE CONVERSATION PRIOR TO THE SUP CREATED SAID, WE'LL NEVER HAVE NOISE THAT YOU'LL HEAR OUTSIDE THE BOUNDARY OF THE FACILITY AND SO WE WENT ON GOOD FAITH.

THAT WAS WHAT WAS GOING TO BE DONE.

NOW WE'RE HEARING THAT WE NEED TO WE'RE NOT THE WORD SAFELY IS KIND OF SCARY.

WE NEVER WERE TOLD THE WHOLE TIME THIS BEGAN IN 2019.

THE WORD THAT THIS WOULDN'T BE SAFE.

NOW WE'RE HEARING IT MAY NOT BE SAFE.

YOU KNOW, MAYBE THEY'RE SAYING THAT'S JUST A WORD WE PUT IN THERE.

BUT ANYTIME YOU PUT A WORD THAT THIS FACILITY MAY BE UNSAFE, THAT'S A WHOLE NEW CONCERN OF OURS.

SO FROM MY PERSPECTIVE, THE WHAT THEY WANT TO DO JUST MATERIALLY CHANGES WHAT WE AGREED TO.

IT MAY SEEM NOT MALICIOUS TO SOMEBODY ELSE, BUT TO US, IT'S A BIG FACTOR.

THIS ACOUSTIC WALL.

I'VE LOOKED IT UP THE SITE THAT THEY HAD IN THEIR PACKET.

I DON'T KNOW IF IT MEETS IN-STORE WINDSTORM CODE, BUT I KNOW THAT KYLE WILL HAVE TO LOOK AT IT AND MAKE SURE 18 FOOT TALL STRUCTURE. IF IT'S A FABRIC I SAW THAT'S A QUARTER INCH THICK AND THEY CALL IT ACOUSTIC BARRIER, BASICALLY A THICK TARP, BUT IT DOES HAVE SOME OTHER ABILITIES TO IT.

BUT WHEN THE UV RAYS BEAT DOWN ON IT, THE ELASTICITY I WAS GOING TO DECREASE IS GOING TO FLOP IN THE WIND.

I DON'T KNOW IF IT'S SECURED TO WOOD IF IT'S GOING TO BE 18 FOOT TALL.

PROBABLY NOT. OVER TIME, THAT'S GOING TO START MAKING NOISE OF ITS OWN.

SO WHAT TIME DO WE SCHEDULE INSPECTIONS IF WE START HEARING THIS BIG TARP FLAPPING IN THE WIND, EIGHT FOOT 18 FOOT TALL, THAT CREATES ANOTHER NOISE PROBLEM.

SO HOW DO WE RECTIFY THAT? AND WE SET UP INSPECTIONS.

THEY HAVE BECAUSE THIS SITE IS MOSTLY UNMONITORED.

IT'S MONITORED REMOTELY.

SO YOU KNOW, DOES THAT PUT THE ONUS ON US TO SAY, HEY, WE GOT A PROBLEM.

I COULD DEAL WITH MICHAEL GRABSTEIN.

I'D CALL HIM, WE GOT A PROBLEM, HE WOULD ADDRESS IT.

BUT THAT WILL HAVE TO BE MEET WINDSTORM CODE FASTENERS HAVE TO MEET WINDSTORM CODE.

I WOULD QUESTION WHETHER TEXAS-NEW MEXICO WOULD HAVE A PROBLEM WITH AN 18 FOOT TALL.

BASICALLY A GIANT SAIL NEXT DOOR TO THEIR SUBSTATION.

IF SOME REASON WE HAD A HIGH WIND TORNADO, HURRICANE, ALL THAT MATERIAL IS GOING TO FLY OVER ONE DIRECTION OR THE OTHER, AND IT COULD END UP SUBSTATION AND SHORT OUT THE GRID THERE, OR AT LEAST THE LOCAL ONE.

SO THERE ARE A NUMBER OF UNANSWERED QUESTIONS, BUT I DON'T THINK WE SHOULD MODIFY THIS.

IT WAS THERE WAS SO MUCH WORK WAS PUT INTO IT.

AND NOW WE HAVE A NEW OWNER WHO SAID HE DOESN'T LIKE THE ONE WE HAVE.

WE WANT TO MODIFY IT.

THAT JUST DOESN'T SEEM FAIR TO ALL THE PARTIES AROUND IT OR TO THIS COMMUNITY.

ALL RIGHT. THANK YOU, MR. CASTILLO.

NEXT MR. DAN HOUSE, CHRIS SAYS A LOT OF MY [INAUDIBLE].

WELL, THAT'S OKAY, WE'LL JUST.

NO, I KNOW. CAN I HAND YOU ALL? SURE. PIECE OF PAPER.

I JUST TYPED UP SOME QUESTIONS THAT I HAD AND YOU SAID THIS WASN'T THE TIME FOR QUESTIONS.

SO I'M NOT GOING TO ASK THEM HERE, BUT I JUST WANTED YOU TO SEE THEM AS FAR AS WHAT I'LL DO WITH THAT [INAUDIBLE] OUR CONCERNS.

THANK YOU VERY MUCH.

IS THERE ANY. THERE'S ONE LEFT HERE.

AND I ALSO GAVE PLUS [INAUDIBLE] BUT I MEAN, I JUST WANTED TO KIND OF GIVE YOU A LITTLE HISTORY, TOO.

I WAS ALSO AT THOSE MEETINGS IN 2020, AND WE ASKED ALL THOSE QUESTIONS, AND I'M LOOKING BACK AT THE PAPER THAT THEY PROVIDED.

[00:45:01]

AND BASICALLY THE WORDS THEY SAID WAS THAT WE WOULDN'T I MEAN, I'M NOT I'M NOT GOING TO READ IT TO YOU, BUT BASICALLY THEY SAID WE WOULDN'T SEE IT OR WE WOULDN'T HEAR IT.

THAT'S NOT TRUE TODAY.

AND THEY KNOW IT.

AND THEY'VE BEEN IN ALL OF OUR BACKYARDS AND THEY'VE SEEN IT.

SO I MEAN, I WANT TO SAY THEY'VE BEEN WORKING WITH US.

THEY'RE VERY RESPONSIVE.

WHEN WE HAVE AN ISSUE, THEY ARE TRYING TO ADDRESS IT.

I'M NOT SURE WE'RE LIKE TOTALLY ON BOARD WITH THEIR SOLUTION.

BUT I MEAN, I APPRECIATE THEIR EFFORT THAT THEY'RE TRYING TO, YOU KNOW, DO SOMETHING ABOUT THE SOUND AND WE'LL ADMIT THAT IT IS OVER THE LIMIT.

BUT WE DEFINITELY SEE IT.

WE SEE FROM THE BACKYARDS OF OUR PROPERTY THAT BORDER IT.

THEY SEE WHITE TOPS OF ALL THE BUILDING LOOKS LIKE A BIG TRAILER PARK.

I MEAN, YOU CAN SEE ALL OF IT.

SO IT'S NOT INVISIBLE TO US NOW, ESPECIALLY NOW, THIS TIME OF YEAR WHEN THERE ISN'T A I MEAN, THAT LOOKS GREAT IN THAT PICTURE WITH ALL THOSE GREEN TREES, BUT IN THE WINTER YOU DON'T HAVE AS MUCH, YOU KNOW, GREENERY TO BLOCK IT.

SO THE REASON WE ARE SUPPORTING THE FENCE 18 FOOT, I DON'T REALLY CARE.

I MEAN, AS LONG AS IT'S NOT LIKE PURPLE OR WELL, PURPLE WOULD BE GOOD BECAUSE IT'S ANGLETON.

BUT I MEAN, YOU KNOW, AS LONG AS IT'S BROWN OR GREEN OR CAMO OR WHATEVER, WE'RE OKAY WITH IT.

BUT I GUESS OUR CONCERNS ARE JUST LIKE CHRIS SAID, IS IT GOING TO HOLD UP IN HURRICANE FORCE WINDS? I MEAN, AND THEY DON'T KNOW THE ANSWERS TO THAT.

THEY'VE NEVER EVEN IMPLEMENTED IT FROM WHAT I WAS TOLD.

SO THEY DON'T EVEN HAVE ANY DATA TO GIVE US FROM ANOTHER COMPANY WHERE THEY'VE DONE THIS.

AND IT WORKED. SO I MEAN, I KNOW THEY'RE SPENDING ALL THE MONEY, SO WE ALL HOPE IT WORKS, BUT WE'RE JUST WORRIED ABOUT, YOU KNOW, HOW EFFECTIVE IT WAS GOING TO BE.

SO ANYWAY, SO THE SEAT WE'RE ALL FOR THE FENCE.

MOST OF THE NEIGHBORS ARE NOT OPPOSED TO THE FENCE, THE 18 FOOT STRUCTURE.

BUT WE ARE OPPOSED TO THE SECOND PART, WHICH IS WHAT CHRIS WAS ALLUDING TO BECAUSE THIS SOUND IS REALLY OUR BIGGEST CONCERN.

AND LAST YEAR DURING I KNOW WE HAD A MAJOR HEAT WAVE IN AUGUST AND SEPTEMBER, BUT IT WAS HUMMING LIKE VACUUM CLEANERS. ALL, YOU KNOW, WHEN THEY WOULD PUT IT TO THE GRID IN THE MORNING USUALLY, AND IN THE EVENINGS WE COULD HEAR IT.

AND THAT SOUND, THAT VIDEO THAT CHRIS PLAYED IS FROM MY HOUSE.

I TOOK IT AND IT WAS SEPTEMBER THE 5TH AT 9:02 AT NIGHT.

I HEARD IT INSIDE OF MY HOUSE.

AND SO AND THAT IS NOT NORMAL.

I'M NOT SAYING THAT IS SOMETHING.

I HEAR IT OUTSIDE IN MY BACKYARD ALL THE TIME IN THE MORNINGS AND THE EVENINGS.

I SHOULDN'T BE ABLE TO HEAR IT.

MY HOUSE IS PROBABLY 500FT AWAY, SO I'M NOT ANYWHERE IN THE 100FT OR I'M NOT CLOSE TO IT.

I'M ACROSS THE STREET FROM THE PEOPLE THAT BORDER THE PROPERTY, BUT THE WIND BLOWS OUT OF THE SOUTH.

I LIVE IN A CUL DE SAC.

WE GOT BIG OLD HOUSES AND IT JUST REVERBERATES.

EVERY SINGLE PERSON IN THE CUL DE SAC CAN HEAR IT.

I MEAN, SO I THINK THAT'S WHY THE PEOPLE ON THE EAST MAYBE AREN'T COMPLAINING, BUT BECAUSE THE WIND IS BLOWING OUR WAY AND WE HEAR IT AND YOU KNOW, WHEN IT'S HOT OR EVEN WHEN THE FREEZE HAPPENED, WE HEARD IT RAMPED UP DURING THE FREEZE.

SO COLD IS ALSO WHEN WE HEAR IT MORE.

BUT I THINK WE'RE CONCERNED ABOUT WHO DO WE CALL WHAT IS THE DATA, THE WHOLE SOUND STUDY STRUCTURE.

DID THEY DO IT? YOU KNOW, HOW MANY DATA POINTS DID THEY GET OVER? WHAT PERIOD OF TIME WAS IT? SO YOU WANT TO BE ASSURED THAT WHAT THE SOUND EXPERT IS SAYING IS TRUE.

YEAH AND WHEN HE DOES THE ONE AFTERWARD.

YEAH. DID IT WORK? AND WHO SAYS IT DIDN'T WORK? WE'RE ALL GOING. WE STILL HEAR IT, YOU KNOW, AND THEY'RE GOING NO, BUT IT'S 50DB.

SO I THINK THAT'S OUR BIGGEST CONCERN IS THE THAT WHAT DATA DO THEY HAVE NOW WHICH I APPRECIATE SEEING THAT WE DIDN'T KNOW THAT.

SO YOU KNOW WHAT DATA DO THEY HAVE.

AND HOW DO WE PROVE THAT IT'S GOING TO WORK.

SURE. YOU KNOW, THAT'S KIND OF WHERE WE ARE THERE.

BUT THESE ARE MY QUESTIONS, AND I'M NOT GOING TO READ THEM TO YOU.

BUT I THINK OUR BIGGEST CONCERN IS I THINK THE FENCE HEIGHT VARIANCE THUMBS UP THE SOUND IF YOU'RE GIVING THEM EXTRA LEEWAY ON THE SOUND.

WE ARE NOT FOR THAT AT ALL.

I MEAN, IT'S ALREADY TOO LOUD, SO WE DON'T WANT ANYTHING THAT'S GOING TO INCREASE THE NOISE LEVEL.

ALL RIGHT. SO WE WOULD LIKE TO SEE IT REDUCED.

SO THAT'S WHY WE'RE ALL FOR THE FENCE.

IF IT'S GOING TO WORK THAT'D BE GREAT.

AND I GUESS THE QUESTION IS FOR THE CITY.

IF WE HEAR WE USUALLY COMPLAIN TO THEM.

THEY'RE PRETTY RESPONSIVE.

I MEAN, THEY ARE WORKING ON A SOLUTION, BUT IF WE DO HEAR SOUND, DO WE COMPLAIN TO THE CITY AND DO THEY THE POLICE COME OUT AND WHO DOES SHE COMPLAIN TO? YES, THERE'S AN ONLINE PORTAL AND THEY CAN CALL DEVELOPMENT SERVICES.

EXCELLENT. OKAY, HERE'S THE DEAL.

I MEAN, SOMEBODY'S GOING TO COME OUT AND MEASURE THIS SOUND.

WE'LL RESPOND TO THE COMPLAINT.

YOU GOT TO DO IT RIGHT WHEN WE COMPLAIN BECAUSE THAT'S WHEN WE HEAR IT.

[00:50:02]

HOW DO WE PROVE TO YOU THAT WE'RE HEARING SOMETHING OTHER THAN TAKING THE VIDEO? YEAH, THERE'S A PROCESS FOR NOISE COMPLAINTS.

OKAY. ALL RIGHT.

I THINK THAT'S ALL I HAVE, MISS DANIELS.

THANK YOU. I WANT TO SAY THEY HAVE BEEN GREAT NEIGHBORS.

I DON'T HAVE ANY COMPLAINTS WITH THEM.

THEY'VE BEEN VERY RESPONSIVE.

THEY CAME AND TALKED TO US.

THEY HELD A BARBECUE.

YOU KNOW, THEY'VE BEEN ASKING FOR FEEDBACK.

I MEAN, THEY'VE PROBABLY GOT MORE THAN THEY WANTED.

BUT, YOU KNOW, I REALLY APPRECIATE THAT.

IT'S JUST, YOU KNOW, WE'RE WE AND THEY DID SAY THAT IF THIS DIDN'T WORK, THEY'D DO SOMETHING ELSE.

SO I MEAN WE'RE HAPPY TO HEAR THAT THEY, YOU KNOW, ARE GOING TO ADDRESS IT.

IT'S JUST WE DON'T KNOW WHEN THE EMERGENCY WHEN WE'RE UNDER EMERGENCY SITUATION.

I THINK THAT'S ANOTHER CONCERN.

WE HEAR THE NOISE.

SO THEN WE GO TO OUR SITE AND SAY, OH, WE YOU KNOW, WE'RE IN EXTREME CONDITIONS.

I MEAN, HOW DO WE KNOW? SURE.

AND HOW DO WE KNOW IF IT'S LEGIT? YOU KNOW, THAT IT'S NOT JUST A HOT DAY OR COLD DAY.

ALL RIGHT, ALL RIGHT. THANK YOU, MISS DANIELS.

ALL RIGHT. NOW I'VE GOT THREE MORE REQUESTS.

BUT IF THE THREE FOLKS FEEL EXACTLY THE SAME WAY AS MR. PELTIER. MISS DANIELS, I WON'T MAKE YOU COME UP TO THE PODIUM.

BUT YOU'RE WELCOME TO.

SO I'VE GOT MR. MCDANIEL. WOULD YOU LIKE TO COME UP, MR. MCDANIEL? YES, SIR. I JUST VERY BRIEFLY.

[INAUDIBLE] PROBABLY ONE OF THE CLOSER ONES TO THE TO THE PARK.

I DID GOOGLE IT. I'M ABOUT 351FT, FENCE TO FENCE.

OKAY. THE THING I WANTED TO TELL YOU IS WE GOT A VISITOR FROM PLUS POWER BACK ON FEBRUARY THE 26TH, I BELIEVE.

JUST LAST WEEK OR THE 21ST.

I'M SORRY. TWO WEEKS AGO.

YES, SIR. AND SHE GAVE US AN EMAIL.

OKAY. AND SINCE THEY LEFT THE EVENING AFTER THEY WERE THERE, I'M HEARING THIS ROAR ON MY BACK PORCH SIX TIMES SINCE THAT DAY.

I SENT AN EMAIL TO THEM AND REPORTED LIKE FOUR OF THESE.

BUT THEN I'VE HAD A COUPLE MORE.

BUT THIS IS NOT HIGH HEAT AND THIS IS NOT AN EMERGENCY.

BUT WE'RE HEARING A CONSTANT ROAR OVER THERE.

YOU CAN'T GO ON YOUR BACK PORCH AND ENJOY SOMETIMES IN THE EVENING AND SOMETIMES IT'S IN THE MORNING.

YOU JUST NEVER KNOW WHEN IT'S GOING TO BE.

BUT THE NEXT TIME I HEAR IT, I WOULD BE HAPPY TO CALL ANY ONE OF YOU.

YOU CAN COME TO THE HOUSE AND WALK OUT ON MY BACK PORCH AND HEAR WHAT I'M HEARING, ALL RIGHT? WHEN THE PEOPLE DID WALK OUT ON MY BACK PORCH, THEY SEE THE BATTERY PARK AND THEY GO, OH, I JUST WISH IT HAD BEEN ROARED.

BUT IT WASN'T PERSONALLY, I THINK YOU SHOULD HOLD THE COMPANY TO THEIR ORIGINAL AGREEMENT.

WE SHOULD NOT BE SEEING IT, WE SHOULD NOT BE HEARING IT.

THANK YOU. THANK YOU, MR. [INAUDIBLE]. AS FAR AS THE SOUND BARRIER, I'M ALL FOR IT.

OKAY. KEITH MURKEL.

APPLICANT. CAN I JUST SPEAK REAL QUICK TO ANSWER JUST TO HELP THE A QUICK REBUTTAL COMMENT.

I'LL MAKE IT SHORT. I THINK CHRIS'S COMMENT I THINK HE MAKES A GOOD POINT ON THE CONDITION F THE USE OF THE WORD SAFELY. IT DOES.

YOU KNOW, I IT DOES APPEAR TO BE BROAD.

THAT'S NOT THE INTENT.

THE DRAFTER OF THAT HAD GOOD INTENTIONS.

AND IF THAT'S A MAKES YOU UNCOMFORTABLE OR WILLING TO DELETE THAT PART OF THE REQUEST, AMEND THE REST OF IT.

BUT JUST DELETE THE PART ABOUT THE SAFETY AND LEAVE THE EMERGENCY PART IN.

AND WE'RE IN THE SECOND ISSUE ABOUT THE STRUCTURE.

WE THIS IS NOT THIS MODIFICATION DOES NOT GIVE US PERMISSION TO BUILD A FENCE.

IT GIVES US PERMISSION TO APPLY FOR A FENCE.

AND WE'VE STILL GOT TO SATISFY STAFF ON THE STRUCTURAL ISSUES AND ANYTHING ELSE THEY.

OKAY. THANK YOU.

THANK YOU, MR. KAUFMAN.

ALL RIGHT. THERE IS NO OTHER REQUEST TO SPEAK.

SO AT THIS TIME, I'M GOING TO CLOSE.

I'LL ENTERTAIN A MOTION TO CLOSE THE PUBLIC HEARING.

SO. MOVED MOTION BY MISS SPOOR AND SECOND.

SECOND BY MR. CLARK.

ALL THOSE IN FAVOR INDICATE BY SAYING AYE, OPPOSED SAME SIGN.

PUBLIC HEARING IS CLOSED.

OKAY, SO IT SOUNDS LIKE THE ISSUE HERE AS I UNDERSTAND IT, IS WE'VE GOT MORE NOISE THAN WE WANTED.

[00:55:05]

WE'VE GOT A SOUND EXPERT THAT SAYS THAT THEY THE NOISE WILL NOT ONLY BE PREVENTED FROM MOVING, BUT IT'S GOING TO BE ABSORBED, WHICH MAKES SENSE TO TO ME.

I'M NOT AN ENGINEER.

I'M AN ACCOUNTANT.

BUT WE HAVE CONCERNS ABOUT THE ABILITY TO JUST MAKE THE THE NOISE LEVEL OPEN ENDED DURING PERIODS WHEN WE WANT THE THING TO BE SAFE. MR. KAUFMAN HAS SAID THAT THEY'RE WILLING TO REMOVE THAT PROVISION OF THE PROPOSAL, WHICH I APPRECIATE.

COMMENTS FROM COMMISSIONERS QUESTIONS.

WELL, OBVIOUSLY, SOMETHING'S GOING TO HAVE TO BE DONE.

ANYTHING THAT THEY'RE GOING TO TRY TO DO IS GOING TO IMPROVE WHAT'S ALREADY THERE.

SO I MEAN, I DON'T KNOW WHY WE THEY SHOULD TRY IT AND SEE IF WE NEED TO MODIFY IT OR COME BACK.

AND IF HOMEOWNERS AREN'T HAPPY, THEY'RE NOT HAPPY.

THEY SHOULD BE HAPPY IN THAT SUBDIVISION.

I COMPLETELY AGREE, BUT ANYTHING THAT'S DONE IS GOING TO BE BETTER THAN WHAT THEY'RE HAVING TO GO THROUGH RIGHT NOW.

SO. WELL, AND I'M HOPING THAT THESE OUR VISITORS HERE DO NOT WANT TO SPEND ANY MORE ON FUTURE IMPROVEMENTS.

THEY WANT TO GET IT FIXED RIGHT THE FIRST TIME.

CORRECT. AND SO THEY'VE GOT THE RIGHT INCENTIVE IN THAT REGARD I AGREE.

WHAT IS THE LIFE OF THE ORIGINAL SUP? THERE'S NO EXPIRATION.

THERE'S NO EXPIRATION? NO, MA'AM. OKAY.

SO WE'RE JUST MODIFYING THE WHOLE THING INDEFINITELY.

WE'RE DEALING WITH THE INSTALLATION OF THE WALL.

AND THEN ANY TWEAKS THAT YOU MAKE TO EMERGENCY DEFINITION.

OKAY. ANDREW, DO YOU HAVE ANY QUESTIONS? SO I'M LOOKING AT THE ORIGINAL AND MAYBE I'VE JUST GOT THE WRONG VERSION, BUT I'M LOOKING AT ORDINANCE 20200144.

SORRY, 114004.

AND I'M LOOKING AT IT IS GOING TO BE PAGE 47 OF THE PDF.

THANK YOU. AND I'M LOOKING AT THE LANGUAGE IN A CONDITION F, AND I'M NOT SEEING AN EMERGENCY IN THERE, SO IT'S NOT JUST AS I UNDERSTAND IT, UNLESS I'VE GOT UNLESS THERE WAS A FURTHER REVISION AFTER THIS.

THERE WAS THERE WERE NO PROVISIONS FOR EXCEEDING THE AMBIENT NOISE UNDER IN 2020.

IN 2020, DID YOU GUYS HAVE AN ADDITIONAL WAS THERE AN ADDITIONAL ORDINANCE AFTER THAT? NO, SIR. NO, THIS IS THE PROPOSAL TO MODIFY THAT YOU'RE OPERATING.

YOU KNOW, JUST.

I'LL MAKE THIS REALLY QUICK.

SURE. THINK, [INAUDIBLE] I DON'T KNOW WHAT IT WAS LIKE HERE IN SAN ANTONIO.

IT WAS TERRIBLE. THERE ARE CONDITIONS WHERE WE'RE YOU'RE GOING TO WANT THEM RELEASING ENERGY INTO YOUR SYSTEM.

ABSOLUTELY. AND THAT'S WHAT THE EMERGENCY PART I AGREE WITH.

THE SAFETY PART COULD BE INTERPRETED IN SEVERAL DIFFERENT WAYS, BUT YOU'VE GOT TO HAVE THE ABILITY.

WHEN [INAUDIBLE] SAYS, HEY, WE NEED IT AND YOUR PROVIDER SAYS, HEY, WE NEED IT TO RELEASE, YOU DON'T WANT THEM TURNING OFF THE BATTERIES.

ABSOLUTELY. I'M NOT DISAGREEING WITH THAT.

IT'S JUST JUST CLARIFYING FOR EVERYBODY THAT WE'RE BASICALLY WORKING FROM A BLANK SLATE AS TO WHAT EXCEPTIONS WE WANT TO GRANT.

WE'VE HEARD FROM LEGAL COUNSEL THAT IN ADDITION TO WHAT'S BEING PROPOSED, SHE WOULD LIKE TO SEE AN INCLUSION ON THERE OF WHAT WAS IT? 85DB? IS THE STATE AND LOCAL LEVEL IN THERE? YES, IT SOUNDS LIKE AFTER TALKING TO YOU, MR. MERKEL THAT THERE'S NO REASON THAT PURE HIGH TEMPERATURES OUTSIDE OF ERCOT MENTIONED EMERGENCY WE SHOULD BE SEEING SO WE MAYBE WE CAN REMOVE THAT AS WELL.

I MEAN, WE CAN TWEAK THIS THING SO THAT IT'S A LITTLE.

WELL, WE CAN MAKE WHATEVER RECOMMENDATION WE WANT TO TO CITY COUNCIL.

YEAH. TO TIGHTEN IT UP A LITTLE BIT, LIKE YOU SAID, GET THE LANGUAGE MAYBE WHERE FOLKS ARE A LITTLE LESS WORRIED.

DO YOU DO YOU WANT TO ATTEMPT TO CRAFT A MOTION? CAN I OFFER A REBUTTAL TO THE REBUTTAL THAT I HAD? I GOT TO GET BACK TO WORK AT SOME POINT, SO.

OKAY, WE CAN'T KEEP REBUTTING EACH OTHER.

HIS COMMENT THAT HE'LL REMOVE THE WORD SAFELY DOESN'T CHANGE ALL THE CHANGES TO THE WORDING AND CONDITION F OUR OPINION IS CONDITION F NEED TO BE STRICKEN FROM A MODIFICATION OF THE SUP BECAUSE IT GIVES THEM WHAT HE'S SAYING.

TAKEN AWAY SAFELY. WHAT IT SAYS WHEN REQUIRED TO KEEP THE ENERGY STORAGE OPERATING.

THAT MEANS HE'S GOING TO MAKE WHATEVER THERE IS NO LIMIT TO THE DECIBELS THAT WORDING DOESN'T NEED TO BE IN THERE.

[01:00:08]

YEAH. NO, WE WEREN'T JUST TALKING ABOUT THE ONE WORD THAT PORTION OF F THAT HAD TO DO.

KEEP OPERATING SAFELY.

THAT WHOLE PART WOULD BE STRICKEN.

EVERYTHING AFTER THE END, I THINK SO YOU'RE PROPOSING, JUST TO BE CLEAR, THAT THE ONLY SITUATIONS IN WHICH YOU'D BE ALLOWED TO EXCEED THE AMBIENT NOISE LEVEL WOULD BE IN AN EMERGENCY, INCLUDING AN ERCOT DECLARED WHAT IS IT, POWER? I THINK IF YOU DELETE THE ANSWER, THE QUESTION BEGINNING WITH OR WHEN REQUIRED TO KEEP IT OPERATING SAFELY, DELETE THAT WHOLE PORTION.

WELL, I'VE STILL GOT THE CONCERN ON THE MR. MERKEL SAID THAT OUTSIDE OF AN EMERGENCY, THE TEMPERATURE SHOULDN'T HIGH TEMPERATURE SHOULDN'T CAUSE A INCREASE IN SOUND. RIGHT.

I'LL LEAVE IT TO YOUR LEGAL COUNSEL TO GIVE YOU ADVICE.

BUT THE WAY I READ THIS IS BUT FOR EXTREME TEMPERATURES EXCEPT DURING EMERGENCY SITUATIONS, DAYS OF EXTREME TEMPERATURES.

OTHER THAN THAT, WE'VE GOT TO COMPLY WITH THE REQUIREMENTS THAT YOU CURRENTLY HAVE.

RIGHT? RIGHT. ALLOF AUGUST AND SEPTEMBER, THAT'S MY CONCERN.

IT'S WRITTEN CURRENTLY AS DISJUNCTIVE.

I MEAN, IF YOU WANT TO MAKE IT CONJUNCTIVE THEN YOU'RE GOING TO BOTH AND AND EMERGENCY SITUATION AND A DATE OF EXTREME TEMPERATURE BECAUSE THAT WOULD BE MY CONCERN.

MAKE A MOTION. I WOULD MOVE TO AMEND THE EXISTING ORDINANCE AS TO CONDITION D AND FOR CONDITION F, I WOULD MOVE THAT THE SOUND LEVEL EMITTED FROM THE BASICALLY THE SOUND LEVEL EMITTED FROM THE ENERGY STORAGE FACILITY SHALL BE NO LONGER THAN THE LOUDER THAN THE AMBIENT THAN THE AVERAGE AMBIENT NOISE LEVEL PRIOR TO THE INSTALLATION OF THE PROJECT AT THE ASSURED, AT 100FT OUTSIDE THE PARTIAL BOUNDARY AND THE NEAREST EXISTING RECEPTOR EXCEPT DURING EMERGENCY SITUATIONS I.E.

IN THIS CASE SORRY, I ERCOT ISSUES A NOTIFICATION REQUESTING ADDITIONAL RESOURCES.

OKAY, SO SO BASICALLY YOU'RE SAYING SO THAT'S YOUR MOTION, YOU'RE SAYING WE'RE OKAY WITH RAISING THE FENCE.

YES. AND YOU'RE SAYING THAT WE WANT THE NOISE LEVELS TO REMAIN AT THE BASELINE LEVEL.

EXCEPT UNDER ERCOT DECLARED EMERGENCY SITUATIONS.

YES. OKAY.

SO THAT IS NOT A SECOND.

THAT'S A CLARIFICATION. CAN WE GET SUBJECT TO A PER MEETING? I'M SORRY, SUBJECT TO A PER MEETING APPROVAL PERMIT APPROVAL.

CORRECT. OH I'M SORRY, I FORGOT MISS [INAUDIBLE] ADDITION.

THAT'S ADDING THE STATE AND LOCAL NOISE ORDINANCE PROVISIONS.

CORRECT. ALL RIGHT. WILL, ARE YOU WILLING TO SECOND THAT MOTION? ALL RIGHT. IS THERE ANY FURTHER DISCUSSION? NO. OKAY.

IF NOT, ALL THOSE IN FAVOR INDICATE BY SAYING I.

I OPPOSED SAME SIGN.

MOTION CARRIES.

REQUESTING TO BE TABLED.

THANK YOU. ALL RIGHT.

SO WE'RE GOING TO TABLE ITEM THREE AND WE ARE ADJOURNED.

THANK YOU.

* This transcript was compiled from uncorrected Closed Captioning.