Mar 24, 2026 City Council

[00:00:02]

COUNCIL TO ORDER. WE HAVE A FULL QUORUM PRESENT TONIGHT.

[DECLARATION OF A QUORUM AND CALL TO ORDER]

WE ARE GOING TO ALL RISE FOR THE PLEDGE AND THEN REMAIN STANDING AS PASTOR JEFF LEE WITH GREATER HEIGHTS BAPTIST CHURCH GIVES US THE INVOCATION. I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA AND TO THE REPUBLIC FOR WHICH IT STANDS, ONE NATION UNDER GOD, INDIVISIBLE, WITH LIBERTY AND JUSTICE FOR ALL.

GOOD EVENING. I'M PASTOR, PASTOR JEFF, GREATER HEIGHTS BAPTIST FELLOWSHIP.

THANK YOU. THANK YOU FOR ALLOWING US. MY WIFE IS HERE WITH ME, BRENDA.

SHE'S MY WIFE AND MY PARTNER. IT DOESN'T MEAN SHE PREACHES.

SHE TELLS ME WHAT TO PREACH. THANK YOU SO MUCH.

AND ALSO, I DO HAVE AN INSIDE IDEA OF WHAT KIND OF PRAYER YOU NEED, BECAUSE I WAS A COUNCIL MEMBER FOR FIVE YEARS AND I WAS A MAYOR FOR TWO TERMS IN A SPRAWLING METROPOLIS IN CANBERRA. BUT ANYWAY, SO IF YOU BALANCE ME, HEAVENLY FATHER, AS THIS COUNCIL HAS GATHERED TO DO THE HARD WORK OF THE PEOPLE, I PRAY THAT YOU GRANT THEM WISDOM BEYOND UNDERSTANDING AND CLARITY IN THEIR WORDS AND UNITY IN THEIR HEARTS. GUIDE THEIR DECISIONS WITH JUSTICE AND TRUTH, THAT THEY MAY SERVE THE GOOD OF ALL, HONOR THE DIGNITY OF EVERY PERSON, AND BUILD A FUTURE ROOTED IN INTEGRITY.

LET NO PRIDE DIVIDE THEM, NO FEAR. SILENCE THEM AND NO SELFISHNESS STEER THEM.

MAY YOUR LIGHT SHINE UPON THE DELIBERATIONS SO THAT WHAT IS DONE HERE TODAY BRINGS PEACE, PROGRESS.

SAFETY AND BLESSING TO THOSE THE COUNCIL SERVE.

LORD JESUS, WE ARE WRETCHED SINNERS WHO ARE UNDESERVING.

BUT YOU ARE GRACE AND MERCY PROVEN BY THE CROSS AND THE EMPTY TOMB.

SO WE CRY OUT, FORGIVE US OUR SINS AND BLESS US.

AMEN. AMEN. THANK GOD.

OKAY. SO THERE'S FORMS IN THE BACK BY THE BACK DOOR FOR REQUEST TO SPEAK TO CITY COUNCIL.

[CITIZENS WISHING TO ADDRESS CITY COUNCIL ]

IF THERE'S SOMETHING THAT'S ON THE AGENDA AND YOU WISH TO WAIT FOR THAT, WE CAN LET YOU WAIT FOR THAT AGENDA ITEM.

IS THERE ANYONE THAT WANTS TO SPEAK ON SOMETHING THAT'S NOT ON THE AGENDA TONIGHT? ONE, ONE. OKAY, GO AHEAD SIR. STATE YOUR NAME.

MANUEL. YES, SIR. MANUEL GONZALEZ, 1032, SOUTHAMPTON.

NOT A REAL GOOD PUBLIC SPEAKER. I'VE BEEN UP HERE A FEW TIMES, BUT EVERY TIME IT'S.

YOU KNOW HOW IT GOES. I JUST WANT TO. I JUST WANT TO CLEAR OUR NAME, IF YOU WILL.

I DON'T THINK MR. RENTERIA PORTRAYED US MOBILE HOME PARK OWNERS FAIRLY AT THE LAST COUNCIL MEETING.

HE PORTRAYED US LIKE IRRESPONSIBLE INDIVIDUALS THAT WOULD LEAVE WATER LEAKS UNFIXED BECAUSE WE WERE NOT MADE TO FIX IT.

I DON'T KNOW ABOUT YOU, MA'AM, BUT I GOT AN 800 PLUS CREDIT SCORE, AND THAT'S THE CLOSEST THING I COULD THINK OF TO LOOK AT.

A MEASURE OF RESPONSIBILITY. FIRST AND MOST PRESSING IS THAT HE ASSUMED THAT WE HAVE LEAKING WATER PIPES INSIDE OUR PARKS. HE STATED THIS ASSUMPTION LIKE IT WAS A FACT.

I KNOW IT IS VERY COMMON NOWADAYS TO DO THIS, BUT DID HE PROVIDE FACTUAL PROOF OF THIS? I MEAN, I COULD POTENTIALLY ALSO ASSUME HE HAS AN UNDERLYING AGENDA REGARDING PARK PLACE HOME PARK BEING APPROVED TO BE SUBMITTED, AND THEN TURN AROUND AND GO AFTER US.

WHAT IS THE REAL AGENDA? AGENDA FOR THAT PARK WAS BUILT SO RECENTLY THAT, TO THE BEST OF MY KNOWLEDGE, THEY DON'T EVEN HAVE ONE HOME SOLD. SECOND, MR. RENTERIA ALSO PORTRAYED MOBILE HOME PARKS AS A ROOT CAUSE OF DELINQUENT ACCOUNTS TOTALING UP TO $400,000.

TALK ABOUT A SCARE TACTIC. HOW DOES THIS COMPARE TO OTHER SINGLE FAMILY HOMES THAT ARE LANDLORD OWNED.

IT IS COMMON KNOWLEDGE THAT SOMEONE RENTING A HOME.

THAT GETS EVICTED WILL NOT PAY THE WATER BILL.

I CAN MAKE A BET THAT FOR AS FAR BACK AS HE HAD COUNTED THOSE 400 K ON MOBILE HOMES, WE ARE JUST A DROP.

[00:05:06]

I BET SINGLE FAMILY HOMES ARE IN THE MILLIONS.

OR AM I LYING? CRITERIA. SO WHAT ARE Y'ALL GOING TO DO? MAKE LANDLORDS PUT THE BILLS IN THEIR NAME ALSO? NO, OF COURSE NOT. THAT MAKES NO SENSE. THIS IS NOT.

THIS IS TEXAS, NOT CALIFORNIA. MAKING RULES ON TOP OF RULES.

THIRD, HE STATED THAT IT TAKES CITY RESOURCES TO FIX AND FIX OR READ METERS.

I THOUGHT THAT WAS WHY WE HAVE SMART METERS. AS FOR THE FIXING LEAKS, I PERSONALLY USE LUX PLUMBING TO FIX OUR LEAKING METERS AND I GOT 30 SOMETHING THOUSAND DOLLARS WORTH OF THAT WE PAID THROUGHOUT THE YEARS.

SO WE DO FIX OUR INFRASTRUCTURE. ALRIGHT. AMEN.

FOR HE TRIES TO COMPARE MOBILE HOME PARKS TO RV PARKS AND APARTMENT COMPLEXES.

THEY ARE TOTALLY DIFFERENT. IT'S LIKE COMPARING A CONDO TO AN APARTMENT.

THEY LOOK THE SAME, BUT TO THE UNTRAINED EYE.

BUT THE DIFFERENCE IS SOMETHING CALLED OWNERSHIP.

AT OUR PARK, WE HAVE FAMILIES THAT HAVE BEEN THERE OVER 40 YEARS.

I CAN'T SPEAK FOR ALL THE PARKS IN THE AREA, BUT AS FOR MINE, I HAVE ONE PARK OWNED HOME AND MY PARENTS LIVE THERE.

THE OTHER 75 ARE OWNER OCCUPIED. HE CONVINCED A COUNCIL MEMBER.

HE CONVINCED THE COUNCIL MEMBER TO BELIEVE SUBMETERING WAS SUCH A BAD EXPERIMENT.

IF I REMEMBER CORRECTLY, AND THAT MOBILE HOME PARKS ARE TRANSIENT PRONE, WHICH LEADS TO DELINQUENT WATER BILLS.

HOW WOULD THIS DIFFER TO THE NEWLY ALLOWED SUBMETER PARK PLACE MOBILE HOME PARK IN 20 YEARS, WHEN SOME OF THOSE HOMES HAVE BEEN BOUGHT, SOLD AND THEN ASSUMED RENTED? SEEMS LIKE WE'RE BACK AT SQUARE ONE. I WANT TO CLOSE WITH THIS STUDY FROM THE EPA.

MASTER METERING CHARGES THE RESPONSIBLE TENANT FOR THEIR NEIGHBOR'S WASTE GIVE TO THE CITY.

ZERO VISIBILITY INTO WHO'S CONSERVING AND PRODUCES.

ACCORDING TO THE LARGEST NATIONAL STUDY EVER CONDUCTED ON MULTIFAMILY WATER BILLING.

NO STATISTICALLY SIGNIFICANT WATER SAVINGS? NONE.

THE SAME STUDY FOUND. THE SAME STUDY FOUND SUBMETERING CUTS CONSUMPTION 15.3%. THAT'S 21 GALLONS PER DAY PER UNIT MEASURED, NOT ESTIMATED.

THAT'S 270,000 GALLONS OF WATER CONSERVED PER YEAR, FOR MY PART.

THE EQUIVALENT OF KEEPING ALIVE 139 PEOPLE IN AFRICA FOR A WHOLE YEAR, OR 50,943 FOR A DAY.

THAT'S A LOT OF WATER. TEXAS ALREADY ANSWERED THIS QUESTION.

WATER CODE 13.5 03A DIRECTS THE PUC TO ENCOURAGE SUBMETERING TO ENHANCE CONSERVATION FOR EVERY PROPERTY BUILT AFTER JANUARY 2003. TEXAS ADMINISTRATIVE CODE 24.277 DOESN'T ENCOURAGE IT.

IT. IT REQUIRES IT. THE DATA IS SETTLED. THE LAW IS CLEAR.

THE ONLY QUESTION LEFT IS WHETHER ANGLETON IS GOING TO LEAD ON CONSERVATION OR RENT.

WITH MY UNFOUNDED ASSUMPTION THAT HE HAS AN UNDERLYING AGENDA TO CONVINCE THE COUNCIL TO VOTE AGAINST CONSERVATION AND A TWO YEAR EPA STUDY THAT SHOWS THE FACTS, NOT ASSUMPTIONS. LAST BUT NOT LEAST, NUMBER SIX METERS MASTER METERS WILL LOWER THE VALUE OF MY RETIREMENT INVESTMENT BY 30 TO 35%.

THAT'S EQUIVALENT OF ME GOING INTO YOUR 401 K OR PENSION PLAN, NOT JUST KNOCKING THE VALUATION DOWN 30 PLUS PERCENT, BUT ACTUALLY ERASING 30 PLUS PERCENT OF YOUR SHARES JUST GONE.

JUST BECAUSE RENTERIA HAS ENOUGH OF AN UNDERLYING AGENDA, I DON'T KNOW, I'M JUST ASSUMING.

AGAIN, THANK YOU ALL FOR YOUR TIME AND APOLOGIES.

I'LL GET BETTER AT SPEAKING AS WE DO THIS. THANK YOU, MR. JAMES KING. SINCE THIS IS ALSO NOT ON THE AGENDA, GO AHEAD AND HEAR FROM YOU.

I DON'T SPEAK VERY WELL EITHER. I'M ON THE SAME PAGE AS HE'S.

ON IF THE CITY'S HAVING ISSUES OR TRYING TO COLLECT WATER PAYMENTS.

I PUT IT ON THE BURDEN OF THE OF THE PARK OWNERS.

[00:10:01]

THE PEOPLE AREN'T TRANSIENTS. THEY'RE HARD WORKING, HONEST PEOPLE.

THEY MAY BE LESS FORTUNATE THAN OTHERS, THERE'S NO DOUBT.

BUT THEY'RE HARD WORKING. THEY'RE NOT TRANSIENTS.

WE ALSO FIX OUR LEAKS. THEY'RE NOT GOING TO FIND ANY STANDING WATER.

IT'S A LITTLE DISINGENUOUS FOR SOMEONE TO SAY THE METER READERS ARE FINDING WATER UNDER THE TRAILER.

NO THEY'RE NOT. THE TRAILERS ARE STARTING TO BEGIN WITH. THAT'S OUR CITY ORDINANCE.

SO THEY'RE NOT SEEING THAT. I'VE WATCHED THE CITY WORKERS.

THEY'RE NOT LOOKING FOR ANYTHING. SO THAT'S THAT'S DISINGENUOUS FOR THEM TO SAY THAT.

IF THERE ARE LEAKS IN SOMEBODY'S HOUSE, WE DON'T OWN ANY OF THE HOMES.

WE DON'T HAVE ACCESS TO NONE OF THAT STUFF. AND IF WE'RE PAYING FOR THE WATER AND THEY DO HAVE A WATER LEAK, THEY'RE NOT GOING THEY'RE NOT GOING TO SPEND THEIR MONEY TO FIX THAT. IF EVERYBODY MAKING IT FROM PAYCHECK TO PAYCHECK IS GOING TO KEEP GOING, THEY'RE SAYING, I'M NOT PAYING FOR IT. I DON'T HAVE TO WORRY ABOUT THAT KIND OF STUFF. I DON'T SEE WHERE IT BENEFITS THE PARK OWNER AND PUT THE BURDEN TO PAY THAT WATER BILL ON US. IT'S JUST IF THAT'S WHAT THE CITY IS FOUND, THAT'S THEIR BEST OPTION.

THEN SOMEBODY NEEDS TO BE TAKING A LOOK AT IT.

WELL, THAT'S PRETTY MUCH ALL I GOT. WE USE CLEMMONS PLUMBING.

WE CAN SHOW INVOICES OF LEAKS. WHEN THEY DO HAVE A LEAK, SOMEBODY CALLS ME FOR THE YARD WOULD BE FLOODED.

THAT DOESN'T HAPPEN IF THEY'RE LOSING SIGHT OF THE HOUSE.

LIKE I SAID, WE CAN'T CONTROL THAT. WE DON'T OWN ANY OTHER HOMES.

THERE'S NO MAINTENANCE ON US AS FAR AS THAT GOES.

THE ROADS ARE PAVED. THERE'S SPEED BUMPS IN THE ROAD.

THERE'S SPEED LIMIT SIGNS TO PROTECT THE CHILDREN.

THE BEST WE CAN. IT'S TAKEN CARE OF. IT'S NOT A TRANSIENT COMMUNITY RUNDOWN.

THERE'S NO BROKE DOWN VEHICLES IN THERE THAT WE STAY ON PEOPLE TO KEEP THEIR YARDS CLEAN.

WE'RE LOOKED AT AS A AS A SECOND CLASS CITIZEN.

AND THAT'S JUST NOT THE CASE. AND THANK YOU FOR YOUR TIME.

THANK YOU SIR. SINCE THERE'S NOT AN AGENDA ITEM, WE CAN'T SPEAK ON THIS.

I WILL SAY THAT WE WILL. LIKE WE'D LIKE TO INVITE YOU BACK FOR ANOTHER MEETING, MAYBE A TOWN HALL WHERE WE CAN HAVE THE DISCUSSION BACK AND FORTH.

AND OTHERS CAN JOIN IN AS WELL. SO WE CAN HAVE.

I THINK WE WANT TO MAKE SURE WE DO THE RIGHT THING FOR EVERYBODY. SO APPRECIATE THAT.

OKAY. ANY MORE AGENDA ITEMS OR. REQUESTS. OKAY, I'M GOING TO GO AHEAD AND MOVE TO CEREMONIAL PRESENTATIONS.

[1. Presentation of the Fair Housing Month Proclamation. ]

COUNCIL WILL YOU PLEASE COME TO THE FRONT? WE HAVE A REPRESENTATIVE HERE TONIGHT. TO READ THIS PROCLAMATION.

OFFICE OF THE MAYOR. CITY OF ANGLETON PROCLAMATION.

WHEREAS, THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT HAS INITIATED THE SPONSORSHIP OF ACTIVITIES DURING THE MONTH OF APRIL OF EACH YEAR DESIGNED TO REINFORCE THE DEPARTMENT'S COMMITMENT TO THE CONCEPT OF FAIR HOUSING AND EQUAL OPPORTUNITY.

AND WHEREAS THE CITY OF ANGLETON AFFIRMATIVELY SUPPORTS THE EFFORTS OF THE FEDERAL GOVERNMENT AND THE STATE OF TEXAS TO ASSURE EQUAL ACCESS TO ALL AMERICANS THROUGH RENTAL HOUSING AND OWNERSHIP OPPORTUNITIES. WHEREAS, THE CITY OF ANGLETON WELCOMES THIS OPPORTUNITY TO REAFFIRM ITS COMMITMENT TO PROVIDE EQUAL ACCESS TO HOUSING TO ALL ITS RESIDENTS WITHOUT REGARD TO RACE, COLOR, RELIGION, SEX, INCLUDING GENDER IDENTITY AND SEXUAL ORIENTATION, DISABILITY, FAMILIAL STATUS, NATIONAL ORIGIN, OR SOURCE OF INCOME.

AND WHEREAS THE CITY OF ANGLETON AFFIRMATIVELY SUPPORTS PROGRAMS THAT WILL EDUCATE THE PUBLIC CONCERNING THEIR RIGHTS TO EQUAL HOUSING OPPORTUNITIES AND TO PARTICIPATE IN EFFORTS WITH OTHER ORGANIZATIONS TO ENSURE THAT EVERY PERSON.

THEIR RIGHT TO FAIR HOUSING. AND WHEREAS, THE CITY OF ANGLETON IS HONORED TO JOIN THE FEDERAL GOVERNMENT, THE STATE OF TEXAS, AND THE LOCAL JURISDICTIONS ACROSS AMERICA IN CELEBRATING THE RICH DIVERSITY OF OUR PEOPLE AND THE RIGHT OF ALL CITIZENS TO LIVE WHERE THEY CHOOSE WITHOUT FEAR OF DISCRIMINATION. NOW THEREFORE, BE IT RESOLVED, THE CITY OF ANGLETON DOES HEREBY PROCLAIM APRIL AS THE MONTH TO CELEBRATE IN HONOR ALL EFFORTS WHICH GUARANTEE THE RIGHT TO LIVE FREE OF DISCRIMINATORY HOUSING PRACTICES AND PROCLAIM THE MONTH OF APRIL AS FAIR HOUSING MONTH, AND URGE ALL LOCAL OFFICIALS AND PUBLIC AND PRIVATE ORGANIZATIONS TO JOIN ACTIVITIES DESIGNED TO FURTHER FAIR HOUSING OBJECTIVES.

PROCLAIM THIS 24TH DAY OF MARCH 2026.

[00:15:07]

YOU'LL HAVE TO FORGIVE ME TOO, BECAUSE I'VE HAD A REALLY BAD HEAD COLD.

SO SPEAKING WAS KIND OF HARD. COME ON TO THE FRONT.

THAT'S VERY GOOD. THANK YOU FOR ALL THAT YOU'VE BEEN DOING.

THANK YOU. I'VE BEEN GETTING A LOT OF COMPLIMENTS ON IT.

YOU JUST GOT A PAGE. OFFICE OF THE MAYOR'S PROCLAMATION.

[2. Presentation of the National Animal Control Officer Appreciation Week Proclamation. ]

AND OF ALL ANIMALS. AND WHEREAS THEY SELFLESSLY ENTER POTENTIALLY DANGEROUS SITUATIONS DAILY TO SERVE AND PROTECT CITIZENS, DOMESTIC ANIMALS, LIVESTOCK AND WILDLIFE IN OUR COMMUNITY AND ACROSS THE NATION.

AND WHEREAS SOME IMPORTANT DUTIES OF ANIMAL CONTROL OFFICERS INCLUDE ENFORCING ANIMAL CONTROL LAWS, PROTECTING THE PUBLIC FROM DISEASES SUCH AS RABIES, CAPTURING, ROAMING AND POTENTIALLY DANGEROUS ANIMALS, INVESTIGATING REPORTS OF ANIMAL COMPLAINTS AND WELFARE, SEIZING ANIMALS FROM HARMFUL CONDITIONS AND REHOMING, REHABILITATING, RELOCATING AND RELEASING ANIMALS TO SAFE ENVIRONMENT.

AND WHEREAS THE CITY OF ANGLETON URGES ALL CITIZENS OF OUR COMMUNITY TO JOIN US IN EXPRESSING OUR SINCERE APPRECIATION FOR THE SERVICE AND DEDICATION OF ANIMAL CONTROL OFFICERS IN OUR COMMUNITY, STATE AND NATION. NOW THEREFORE, I JOHN WRIGHT, THE MAYOR OF THE CITY OF ANGLETON, TEXAS, ALONG WITH THE CITY OF ANGLETON CITY COUNCIL, DO HEREBY PROCLAIM THAT APRIL 12TH TO THE 18TH, 2026 IS RECOGNIZED AS NATIONAL ANIMAL CONTROL OFFICER.

APPRECIATION. PROCLAIM THIS 24TH DAY OF MARCH 2026.

THANK YOU AND THE TEAM.

THANK YOU.

ITEM NUMBER THREE PRESENTATION OF THE NATIONAL PUBLIC SAFETY TELECOMMUNICATORS WEEK.

[3. Presentation of the National Public Safety Telecommunicators Week Proclamation. ]

HE HEARD THAT I HAD A HEAD COLD. SHE SAID, I'M GOING TO PUT THREE MINUTES FOR YOU. THANK YOU ALL FOR ALL THAT YOU DO.

I LOVE GOING IN THERE AND WATCHING ALL THE SCREENS. I DON'T KNOW HOW Y'ALL DO IT AND STAY CONSISTENT WITH WHAT'S GOING ON.

OFFICE OF THE MAYOR. CITY OF ANGLETON TEXAS. PROCLAMATION.

WHEREAS, EMERGENCIES CAN OCCUR AT ANY TIME THAT REQUIRE POLICE, FIRE OR EMERGENCY MEDICAL SERVICES.

THAT PROMPT RESPONSE OF POLICE OFFICERS, FIREFIGHTERS AND PARAMEDICS TO PROTECT LIFE AND PRESERVE PROPERTY.

AND WHEREAS, PUBLIC SAFETY TELECOMMUNICATORS ARE A CRITICAL LINK BETWEEN PEOPLE CALLING FOR HELP IN AN EMERGENCY SITUATION AND THE EMERGENCY RESPONSE AGENCIES WHO ARRIVE ON THE SCENE. WHEREAS, THE SAFETY OF OUR FIRST RESPONDERS, APPREHENSION OF CRIMINALS AND TREATMENT OF INDIVIDUALS IN LIFE THREATENING SITUATIONS IS DEPENDENT UPON THE QUALITY AND ACCURACY OF INFORMATION OBTAINED FROM CITIZENS WHO CALL THE CITY OF ANGLETON EMERGENCY COMMUNICATIONS CENTER.

AND WHEREAS COUNTLESS LIVES HAVE BEEN SAVED DUE TO THE PROMPT, EFFECTIVE, COMPASSIONATE AND PROFESSIONAL RESPONSES TO TELECOMMUNICATORS.

AND WHEREAS, THE CITY OF ANGLETON URGES ALL CITIZENS ENJOYING AND COMMENDING EACH TELECOMMUNICATOR FOR THEIR DEDICATION TO DUTY, PROFESSIONALISM AND COMMITMENT TO THE PRESERVATION OF LIFE.

NOW THEREFORE, I JOHN WRIGHT THE MAYOR OF THE CITY OF ANGLETON, TEXAS, ALONG WITH THE CITY OF ANGLETON CITY COUNCIL, DO HEREBY PROCLAIM APRIL 12TH TO THE 18TH, 2026 IS RECOGNIZED AS NATIONAL PUBLIC SAFETY TELECOMMUNICATORS WEEK.

THIS 24TH DAY OF MARCH, 2026. THANK YOU SO MUCH.

THANK YOU SO MUCH. THANK YOU. THANK YOU. THANK YOU SO MUCH.

THANK YOU. OKAY. THAT'S ALL. WE CAN GO BACK. OKAY.

THANK YOU. OKAY. MOVING ON TO CONSENT AGENDA ITEM NUMBER FOUR.

[CONSENT AGENDA ]

[00:20:09]

ITEM NUMBER FIVE. DISCUSSION OF POSSIBLE ACTION TO APPROVE RESOLUTION NUMBER 20260324-005.

SUSPENDING THE EFFECTIVE DATE PROPOSED BY CENTERPOINT ENERGY RESOURCES CORP., DBA, CENTERPOINT ENERGY INTAKES AND CENTERPOINT ENERGY.

TEXAS GAS. TEXAS GULF COAST DIVISION TO INCREASE RATES UNDER THE GAS RELIABILITY INFRASTRUCTURE PROGRAM FOR 45 DAYS AND AUTHORIZED THE CITY'S CONTINUED PARTICIPATION IN A COALITION OF CITIES KNOWN AS THE TEXAS COAST UTILITIES COALITION OF CITIES.

ITEM SIX DISCUSSION AND POSSIBLE ACTION OF THE FISCAL YEAR 2027.

POLICE DEPARTMENT. WAGE. STEP PLAN. COUNCIL.

MAKE A MOTION TO APPROVE. SECOND, I HAVE A MOTION BY COUNCILMAN SARTIN, SECOND BY COUNCILMAN SMITH FOR APPROVAL OF THE CONSENT AGENDA.

ANY FURTHER DISCUSSION? HEARING NONE, CALL FOR THE VOTE.

ALL THOSE IN FAVOR SIGNIFY BY SAYING AYE. AYE.

ALL THOSE OPPOSED? SAME SIGN. MOTION CARRIES.

PUBLIC HEARINGS AND ACTION ITEMS. ITEM NUMBER SEVEN.

[7. Conduct a public hearing, update, and discussion on a potential text amendment ordinance amending the Code of Ordinances, Article V.- Amusement Redemption Machine Game Rooms, Section 21-151 – 161; Definitions and Section 28-81 – Use Regulations (Charts), within the city limits of Angleton, Texas. ]

AMENDING THE CODE OF ORDINANCES. ARTICLE FIVE AMUSEMENT REDEMPTION MACHINE GAME ROOMS SECTION 21 THROUGH 151 AND ONE THROUGH 161.

DEFINITIONS IN SECTION 28 DASH 81 USE REGULATIONS CHART WITHIN THE CITY LIMITS OF ANGLETON, TEXAS. GOOD EVENING, MAYOR AND COUNCIL. THIS ITEM BEFORE YOU IS A PUBLIC HEARING IN WHICH, AS YOU RECALL, IN THE FEBRUARY 24TH SESSION, WE DID HOLD A WORK SESSION REGARDING GAME ROOMS AND ALSO FACILITIES THAT HAVE GAMING MACHINES. SO I PROVIDED FOR YOU A COMPARISON TABLE OF 12 OF OUR NEIGHBORING COMMUNITIES, WHICH OF COURSE HAVE REGULATIONS REGARDING AMUSEMENT AND GAMING MACHINES.

WE ALSO TALKED ABOUT SOME CITIES. I THINK THERE WERE A TOTAL OF SIX WHICH HAVE ESTABLISHED RULES THAT PROVIDED FOR A PERMANENT BAN OF GAME ROOMS WITHIN THEIR CITY LIMITS.

WE TALKED ABOUT ISSUES REGARDING THESE TYPES OF FACILITIES AS IT RELATES TO HOURS OF OPERATION.

SOMETIMES THERE'S ILLEGAL AND SHADY ACTIVITY IN TERMS OF GAMING THAT OCCURS AT THESE FACILITIES.

AND AS YOU RECALL, SOME OF THE CITIES THAT BANNED THESE TYPES OF FACILITIES BASICALLY JUST LOOKED AT THEM AS A PUBLIC NUISANCE.

WE TALKED ABOUT OPTIONS FOR THE CITY. CURRENTLY WE HAVE ORDINANCES THAT PROVIDE FOR NEW OR PROPOSED FACILITIES TO GO THROUGH OUR SPECIFIC USE PERMIT.

HOWEVER, WE DO HAVE TWO FACILITIES WITHIN THE CITY LIMITS THAT WE SPOKE ON THAT BASICALLY PREDATED THAT REQUIREMENT.

AND THEY CURRENTLY JUST ARE OPERATING UNDER OUR CURRENT STANDARDS.

THEY ARE REQUIRED TO DO LICENSING ON A YEARLY BASIS.

SO TONIGHT'S OBJECTIVE IS TO HEAR FROM THE PUBLIC AND STAFF IS JUST HOPING THAT COUNCIL WOULD DO THAT AND PERHAPS WOULD CONTINUE THAT PUBLIC HEARING UNTIL SUCH TIME YOU DIRECT US TO RETURN AN ORDINANCE BACK TO YOU WITH SOME MINIMAL REQUIREMENTS.

SO WE GAVE YOU A FEW OPTIONS IN TERMS OF DIRECTION YOU CAN MOVE IN IN TERMS OF GAMING FACILITIES WHETHER OR NOT YOU WANTED TO IMPOSE GREATER FEES. WE DO NOT CHARGE ANYTHING FOR THE THREE MINIMUM GAME WITH GAMING MACHINES THAT ARE PERMITTED IN CONVENIENCE STORES AND GAS STATIONS, BUT THAT'S SOMETHING THAT YOU CAN LOOK AT AS WELL AS HOURS OF OPERATION OF WHETHER OR NOT YOU WANT TO TOTALLY RESTRICT THEM OR JUST HAVE SOME LEVEL OF REGULATION THAT WE CAN. RIGHT. WITH THE LEGAL DEPARTMENT AS WELL.

SO AS I STATED, IF WE COULD JUST OPEN THE PUBLIC HEARING AND POSSIBLY CONTINUE IT, IF YOU WOULD THINK SO.

AND THEN WE WOULD DEVELOP SOME REGULATIONS THAT WE COULD BRING BACK TO THE PUBLIC HEARING.

AND HAVE YOU ENTERTAIN THOSE. I'LL MAKE A MOTION TO HELP THE PUBLIC HEARING.

SECOND. MOTION AND SECOND, TO OPEN THE PUBLIC HEARING.

ANY FURTHER DISCUSSION? CALL FOR THE VOTE. ALL THOSE IN FAVOR SIGNIFY BY SAYING AYE.

AYE. ALL THOSE OPPOSED? SAME SIGN. MOTION CARRIES.

WE'RE NOW IN THE PUBLIC HEARING. ANYONE WISHING TO SPEAK ON FOR OR AGAINST THIS ITEM, PLEASE APPROACH THE PODIUM. STATE YOUR NAME AND YOUR POSITION. MISS TOMBS,

[00:25:01]

MY NAME IS BERNIE TOMBS AND I'M WITH THE BRAZORIA COUNTY RECOVERY COMMITTEE. SO WE HOST AN ANNUAL RECOVERY WALK EVERY YEAR AND WE HAVE A LOT OF INFORMATION AND WE PLAY A HUGE ROLE WITH CLIENTELE THROUGHOUT THE BRAZORIA COUNTY AREA.

GAME ROOMS ARE ONE OF OUR WORST THINGS TO EVEN HEAR ABOUT RECIDIVISM WITH RELAPSE AND ISSUES WITH CLIENTS.

ONE OF THE FIRST PLACES YOU KNOW YOUR CLIENTS RELAPSE AS YOU SEE THEM AT A GAME ROOM.

AND SO I WENT AND I DID SOME RESEARCH, AND I WOULD LIKE TO READ THIS TO ALL CITIZENS SO THAT THEY CAN HAVE AN INFORMED, SO THEY CAN HAVE AN INFORMED IDEA OTHER THAN JUST, OH, THESE PLACES BANNED IT.

THESE ARE SOME OF THE ISSUES THROUGHOUT THE STATE THAT GO ON. SO ANGLETON BEING THE SEAT OF BRAZORIA COUNTY, A COMMUNITY THAT VALUES SAFETY, FAMILY STABILITY AND RESPONSIBILITY IN THEIR GOVERNANCE IS THE PLACE THAT WE HOLD CLOSE TO OUR HEART.

JUST LIKE IT HAS AN EMBLEM TO ITS HEART. AND COUNTY RECOVERY COMMITTEE HAS ADOPTED THAT EMBLEM.

WE FIND BRAZORIA COUNTY AS OUR HEART AND SOUL, AND ANGLETON, BEING THE SEAT, HAS TO SET A FOOT FORWARD AND AN EXAMPLE FOR THE REST OF THE CITIES. SOME OF OUR CITIES HAVE SET A GOOD EXAMPLE BY BANNING THESE GAME ROOMS, BUT WE DO HAVE THEM IN THE COUNTY AND THERE'S A LOT OF ISSUES.

GARIN ROOMS ARE A PROVEN MAGNET FOR SERIOUS CRIME.

LAW ENFORCEMENT OFFICIALS ACROSS TEXAS HAVE CONSISTENTLY DOCUMENTED THAT GAME ROOMS, EVEN THOSE OPERATING UNDER THE LEGAL LOOPHOLE, ATTRACT VIOLENT CRIME, NARCOTICS TRAFFICKING, EXPLOITATION, AND EVEN SEX TRAFFICKING.

TRAFFICKING. JUST MILES FROM ANGLETON, THE GALVESTON COUNTY SHERIFF'S OFFICE DEPARTMENT RECENTLY DISMANTLED A MASSIVE ILLEGAL GAMING OPERATION IN THE CITY OF HITCHCOCK.

SHERIFF BULLEN SAID THE GAMBLING LOCATIONS ATTRACTED ADDITIONAL CRIMINAL ACTIVITY, INCLUDING AGGRAVATED ASSAULTS, ROBBERIES, PROSTITUTION AND NARCOTICS. PEOPLE KNOW THAT THESE GAME ROOMS HAVE A LOT OF MONEY, AND THIS BRINGS THE CRIMINAL ELEMENT. THE SCALE OF WHAT WAS UNCOVERED WAS STAGGERING.

GALVESTON COUNTY LAW ENFORCEMENT EXECUTED SEARCH WARRANTS AT 20 LOCATIONS, SEIZING 749 GAMBLING MACHINES, $417,000 IN CASH AND EIGHT FIREARMS, AND ARRESTED 33 SUSPECTS.

EVEN HITCHCOCK'S OWN MAYOR. THIS IS NOT AN ISOLATED EVENT.

HARRIS COUNTY ALSO HAD A SINGLE GAME ROOM BUST AND UNCOVERED A WEB OF CO-OCCURRING CRIMES.

THE HARRIS COUNTY SHERIFF'S OFFICE FOUND ILLEGAL GAMBLING, ILLEGAL SALES OF ALCOHOL, A VEHICLE CHOP SHOP, SIGNS OF PROSTITUTION AND SEX TRAFFICKING, DRUGS, FIREARMS, MINORS CONSUMING ALCOHOL ON PREMISES AT THE TIME OF THE RAID.

I CAN TESTIFY HERE TODAY THAT ONE OF MY CLIENTS THAT IS UNDER THE AGE OF 21 WAS IN ONE OF THESE GAME ROOMS, AND THEY LET HER IN FREQUENTLY, AND THAT'S WHERE SHE RELAPSES ON HEROIN OFTEN.

HERE IN BRAZORIA COUNTY, THE LOCATION WAS ALSO LINKED TO A FATAL AND TO A FATAL CRASH IN MULTIPLE SHOOTINGS IN THE SURROUNDING AREA.

THE CASH HEAVY NATURE OF THE GAME ROOMS CREATE A FINANCIAL STRUCTURE THAT MAKES THEM INHERENTLY ATTRACTIVE TO ORGANIZED CRIME AND NETWORKS.

LAW ENFORCEMENT EXPERTS NOTE THAT GAME ROOMS ARE TRACKED NARCOTICS TRAFFICKING, PROSTITUTION, ASSAULTS, ROBBERIES, ALL THE THINGS THAT WE'VE MENTIONED BECAUSE THEY HANDLE LARGE AMOUNTS OF MONEY AND OFTEN IT GOES UNDER THE TABLE AND TRAFFICKED IN DIFFERENT WAYS THAT AREN'T SEEN, AREN'T ON THE BOOKS. THIS WAS BORNE OUT DRAMATICALLY IN HOUSTON'S OPERATION DOUBLE DOWN, ONE OF THE LARGEST ENFORCEMENT ACTIONS OF ITS KIND IN TEXAS HISTORY.

30 ILLEGAL GAME ROOMS WERE RAIDED ACROSS HOUSTON, RESULTING IN 16 FEDERAL INDICTMENTS AND THE SEIZURE OF MORE THAN $16 MILLION.

THE FEDERAL CHARGES INCLUDED CONSPIRACY TO OPERATE ILLEGAL GAMBLING BUSINESSES, INTERSTATE RACKETEERING, MONEY LAUNDERING TOTALING OVER 22 MILLION, FEDERAL PROGRAM BRIBERY, AND THE RINGLEADER PAID OVER $500,000 TO AN UNDERCOVER OFFICER TO SHIELD ITS OPERATIONS FROM LAW ENFORCEMENT. AUTHORITIES ALSO RECOVERED 4.5 MILLION IN CASH, 2000 SLOT MACHINES, 100 ROLEX WATCHES AND EIGHT FIREARMS. DURING THAT SINGLE OPERATION, THE CORRUPTION EXTENDED DEEP ENOUGH TO IMPLICIT CITY OFFICIALS IN HITCHCOCK, AND THIS IS A WARNING THAT ANGLETON MUST HEED THE PROBLEMS ALREADY AT OUR DOORSTEP.

IT'S RIGHT OUTSIDE THE CITY LIMITS. WHY EXPOSE OUR CHILDREN, OUR TEENAGERS, AND OTHER INNOCENT ELDER CITIZENS TO THIS ATTRACTION THAT THE GAME ROOMS BRING? I JUST DON'T SEE THE POINT IN IT. THE BRAZORIA COUNTY COMMISSIONERS COURT INSTITUTED A GAME ROOM PERMITTING ORDINANCE IN MARCH OF 2024.

SINCE THEN, AUTHORITIES HAVE ALREADY BEEN FORCED TO CLOSE OVER TEN GAME ROOMS ACROSS THE COUNTY FOR FAILING TO COMPLY.

THESE VIOLATIONS CARRIED FINES OF UP TO $10,000 OR AN ARREST AND A CLASS A MISDEMEANOR CHARGE.

THAT'S IT. A SLAP ON THE WRIST AND THEY OPEN RIGHT BACK UP.

AS RECENTLY AS JUNE 2025, THE MISSOURI COUNTY SHERIFF'S OFFICE SHUT DOWN AN ILLEGAL GAME ROOM IN LAKE JACKSON, SEIZING 63 GAMING MACHINES AND MORE THAN $13,000 IN CASH AND ARRESTING TWO INDIVIDUALS.

THE COUNTY IS WORKING HARD TO TRY TO CONTAIN THE PROBLEM AND THE UNINCORPORATED AREAS, BUT WE SEE IT GROWING. AND CAN YOU IMAGINE WHAT THEY DIDN'T FIND? NEIGHBORING COMMUNITIES ARE ACTING IN ANGLETON SHOULD LEAD. Y'ALL ARE OUR HEART ARE THE SEAT OF OUR COUNTY.

THE CITY OF AUSTIN, BRAZORIA COUNTY WENT FURTHER THAN PERMITTING REQUIREMENTS AND ENACTED A FULL BAN ON GAMING MACHINES WITHIN THE CITY LIMITS. THE AUTHORITY TO DO.

[00:30:01]

ASSAULTS, MURDERS AND ROBBERIES RELATING TO GAMING OPERATIONS ARE ALL TOO COMMON OCCURRENCES IN AND AROUND GAME ROOMS. LARGE CONCENTRATIONS OF CASH IN THESE ESTABLISHMENTS CONSISTENTLY INVITE VIOLENCE.

THAT WAS FROM THE TEXAS DISTRICT AND COUNTY ATTORNEYS ASSOCIATION.

THERE'S A BROADER DRUG CRISIS THAN WE CAN EVEN SEE GOING ON IN THESE GAME ROOMS. THEY DON'T EXIST. GAME ROOMS DON'T EXIST IN A VACUUM.

THEY OPERATE WITHIN A STATE WIDE DRUG ENVIRONMENT THAT IS ALREADY UNDER SEVERE STRAIN.

ACCORDING TO STATEWIDE DATA, FENTANYL RELATED ARRESTS IN TEXAS HAVE INCREASED BY 28.7%, METHAMPHETAMINE ARRESTS HAVE RISEN 15.2%, AND LAW ENFORCEMENT HAS SEIZED OVER 671.6 MILLION WORTH OF ILLEGAL DRUGS STATEWIDE IN RECENT REPORTING PERIODS.

GAME ROOMS WITH THEIR CASH INTENSIVE OPERATIONS AND LATE NIGHT ACTIVITY, PROVIDE EXACTLY THE KIND OF ENVIRONMENT WHERE DRUG TRANSACTIONS FLOURISH UNSUPERVISED.

I ALMOST SAID DRUG DEALERS BECAUSE WE KNOW THAT THAT'S WHAT THEY ATTRACT. PERMITTING THESE ESTABLISHMENTS INSIDE ANGLETON CITY LIMITS WOULD BE INVITING THE CRISIS THROUGH THE FRONT DOOR. I HAVE A FRIEND AND A NEIGHBOR THAT LIVED.

SHE LIVED RIGHT NEXT TO A CHURCH, A GAME ROOM.

BOUGHT THAT CHURCH TO HER DETRIMENT. SHE HAS FIVE YOUNG CHILDREN, 12 AND UNDER.

THEY USED TO BE ABLE TO FREQUENT RIGHT NEXT DOOR, PLAYING WITH NO ISSUES.

THEY'VE HAD TO BUILD A PRIVACY FENCE. THIS GAME ROOM HAS NOW.

WE HAVE WATCHED CAR CRASHES HAPPEN OUTSIDE THERE. IT'S ALREADY BEEN RAIDED. IT'S ONLY BEEN THERE TWO YEARS. THE CHILDREN CAN'T BE OUTSIDE TO PLAY BY THEMSELVES.

WHAT IF SOMEBODY COMES AROUND THAT FENCE? THE STUFF THAT GOES ON OVER THERE IS JUST INSANE FOR ANYONE THAT A GAME ROOM IS BUILT NEXT TO US.

THE EVIDENCE FROM HITCHCOCK, HARRIS COUNTY, HOUSTON AND LAKE JACKSON AND COMMUNITIES ACROSS TEXAS TELLS US A CONSISTENT STORY. GAME ROOMS BRING CRIME, DRUGS, SEX TRAFFICKING, WEAPONS AND EXPLOITATION INTO COMMUNITIES, AND THEY ARE ALREADY PRESSING AGAINST ANGLETON BORDERS.

A PROACTIVE ORDINANCE BANNING OR STRICTLY PROHIBITING GAME ROOMS WITH AN ANGLETON CITY LIMITS IS NOT AN OVERREACH.

IT IS SOUND, EVIDENCE BASED GOVERNMENT GOVERNANCE THAT REFLECTS THE VALUES AND EXPECTATIONS OF ANGLETON AND BRAZORIA COUNTY RESIDENTS.

THAT'S ALL I HAVE. THANK YOU, MR. TIMMS. THANK YOU.

WE ARE IN A PUBLIC HEARING. ANYONE ELSE WISHING TO SPEAK ON FOR OR AGAINST THIS ITEM, PLEASE APPROACH THE PODIUM. STATE YOUR NAME AND YOUR POSITION.

ONE MORE TIME. COUNCIL. MAKE A MOTION TO CLOSE THE PUBLIC HEARING.

SECOND. MOTION AND A SECOND TO CLOSE THE PUBLIC HEARING.

OR CONTINUE IT? POSSIBLY. IS THAT NOT AN OPTION? I'M GOING TO OPPOSE THE CLOSING THE PUBLIC VOTE AGAINST IT.

DO YOU WANT TO LEAVE IT OPEN THAT WAY? I'D LIKE TO LEAVE IT OPEN.

I THINK THERE'S MORE THAT NEEDS TO BE. WELL, WE HAVE A MOTION AND A SECOND TO CLOSE THE PUBLIC HEARING.

WOULD YOU LIKE TO AMEND YOUR MOTION OR YOU WANT TO CLOSE IT? WE'LL CLOSE IT. I MEAN, WE'LL RESCIND MY. SORRY.

OKAY. THEN WE WILL LEAVE THE PUBLIC HEARING OPEN.

ANYTHING ELSE YOU WANT TO ADD? NOTHING TO ADD.

THAT WILL ALLOW US TO LEAVE IT. CONTINUE. THEN WE DON'T HAVE TO POST IT AGAIN.

AND AS I STATED, WE'LL LISTEN TO YOU IN ANY DIRECTION YOU WOULD LIKE TO GIVE US IN TERMS OF SHAPING.

ANY ADDITIONAL TEXT AMENDMENTS TO THE ORDINANCE? AND WE CAN BRING THAT BACK TO YOU. OKAY. AND FOR THE RECORD THE HITCHCOCK MAYOR THAT GOT ARRESTED, I'M JUST ON RECORD. I'M NOT ASSOCIATED TO ANY GAME ROOMS. SO JUST THROWING THAT OUT THERE. HAD TO MAKE SURE I SET THE RECORD.

ALL RIGHT. GOING ON TO REGULAR AGENDA. I KNOW ALL THE PEOPLE FROM HERITAGE OAKS ARE HERE.

I'M JUST GOING TO GIVE ONE PERSON TO GET THE GET SOMETHING DONE BEFORE WE GO TO THIS.

IT'S ITEM NUMBER NINE DISCUSSION AND POSSIBLE ACTION TO ACCEPT THE FISCAL YEAR 2024 2025 AUDIT REPORT,

[9. Discussion and possible action to accept the Fiscal Year (FY) 2024-2025 audit report.]

I'VE GOT A POWERPOINT FOR THIS EVENING. SUSIE SENT IT.

OKAY. THERE YOU GO. ALL RIGHT. GOOD EVENING. MY NAME IS STEPHANIE HARRIS.

I SERVE AS A PARTNER IN THE PUBLIC SECTOR DIVISION OF CRO.

I'VE BEEN WORKING WITH LOCAL GOVERNMENTS FOR APPROXIMATELY 21 YEARS THIS YEAR.

IT'S MY PLEASURE TO BE HERE THIS EVENING TO PRESENT THE AUDIT RESULTS FOR THE FISCAL YEAR ENDED SEPTEMBER 30TH, 2025. IN TERMS OF AUDITOR RESPONSIBILITY, THE.

YOU'VE ENGAGED THE AUDIT FIRM TO PROVIDE AN OPINION ON THE CITY'S FINANCIAL STATEMENTS.

SO OUR MAIN GOAL IS TO DO JUST THAT. IN ORDER TO DO THAT, WE WE HAVE TO MAKE AN ASSESSMENT OF THE RISK OF MATERIAL MISSTATEMENT OR AN ERROR,

[00:35:02]

TO DO THAT, WE HAVE TO OBTAIN AN UNDERSTANDING OF THE CITY'S EXISTING INTERNAL CONTROLS OVER FINANCIAL REPORTING.

AND FROM THERE, WE ASSESS THE RISK OF THE LIKELY OR GREATEST RISK OF MATERIAL MISSTATEMENT AND DESIGN AUDIT PROCEDURES AROUND THAT, AND CONDUCT THE AUDIT ON A TEST BASIS. TYPICALLY, IT IS DIVIDED WITHIN SEVERAL PHASES.

PHASE ONE WOULD BE INTERIM, WHICH HAPPENS BEFORE THE CLOSE OF THE FISCAL YEAR IN WHICH WE CAN COME OUT AND DO THE INTERNAL CONTROL WORK.

AS WELL AS ANY TESTING. PHASE TWO IS FINAL FIELDWORK AFTER THE CITY HAS CLOSED ITS BOOKS AND INDICATED IT IS READY FOR THE AUDIT.

AND PHASE THREE FINALLY IS REPORTING IN COMPLETION.

IN TERMS OF WHAT IS MANAGEMENT RESPONSIBLE FOR IN THE AUDIT PROCESS? MANAGEMENT IS TECHNICALLY RESPONSIBLE FOR THE FINANCIAL STATEMENT PREPARATION.

YOU'VE ENGAGED US TO PERFORM CERTAIN NON-AUDIT SERVICES, WHICH DID INCLUDE ASSISTING MANAGEMENT WITH PREPARATION OF THOSE STATEMENTS.

AT THE CONCLUSION OF THE AUDIT, THEY ARE GIVEN A CHECKLIST AND ASKED TO REVIEW ALL OF THE ADJUSTMENTS AS WELL AS THOSE STATEMENTS AND TAKE ULTIMATE RESPONSIBILITY.

THEY'RE ALSO RESPONSIBLE FOR FEDERAL AND STATE COMPLIANCE, AS WELL AS ESTABLISHING AND MAINTAINING INTERNAL CONTROLS.

AGAIN, OVER THE FINANCIAL STATEMENT PREPARATION PROCESS AND COMPLIANCE WITH FEDERAL AND STATE LAWS.

THERE WERE TWO NEW GATSBY STANDARDS GATSBY AGAIN BEING THE GOVERNMENTAL ACCOUNTING STANDARDS BOARD, WHO SETS GENERALLY ACCEPTED ACCOUNTING PRINCIPLES FOR FINANCIAL STATEMENT PREPARATION.

THE FIRST ONE WAS GATSBY 101 FOR COMPENSATED ABSENCES, BASED ON THE WAY THE CITY HAS STRUCTURED ITS EXISTING TIME OFF FOR EMPLOYEES, THERE WAS NO MATERIAL EMPHASIS AS IT RELATES TO THE 2025 FINANCIAL REPORT.

IN TERMS OF GATSBY 102. THIS REQUIRES CERTAIN RISK DISCLOSURES, WHETHER THAT'S CONCENTRATIONS WITH VENDORS, SUPPLIERS ANY OTHER IMPORTANT PROPERTY TAX PAYERS.

THIS ALSO HAD NO MATERIAL IMPACT TO THE 2025 FINANCIAL REPORT IN TERMS OF CORRECTED AND UNCORRECTED MISSTATEMENTS.

THERE WERE NO CORRECTED MISSTATEMENTS. WE DID PROPOSE CERTAIN AUDIT ADJUSTMENTS THROUGHOUT THE PROCESS, HOWEVER, THAT WAS RELATED TO THE FINANCIAL STATEMENT PREPARATION.

IN TERMS OF UNCORRECTED MISSTATEMENT, THERE WAS ONE WAIVED JOURNAL ENTRY AS IT RELATED TO GOODS OR SERVICES THAT WERE PROVIDED FOR THE NEXT FISCAL YEAR, BUT RECORDED IN THE 2025 FISCAL YEAR. AGAIN, THIS HAD NO MATERIAL IMPACT TO THE 2025 STATEMENTS.

IN TERMS OF JUST OTHER REQUIRED COMMUNICATIONS THAT WE AS THE AUDITOR MUST MAKE.

THERE WERE NO DIFFICULTIES ENCOUNTERED DURING THE CONDUCT OF THE AUDIT WITH MANAGEMENT.

NO DISAGREEMENTS OVER ACCOUNTING PRINCIPLES, NO CONSULTATIONS WITH OTHER ACCOUNTANTS, AND NO SIGNIFICANT OR ADVERSE EVENTS THAT WOULD REQUIRE YOUR ATTENTION AT THE COUNCIL LEVEL IN TERMS OF WHAT YOU WANT TO HEAR FROM ME.

VERY PLEASED TO SAY THAT WE ARE ISSUING AN UNMODIFIED OPINION ON THE CITY'S FINANCIAL STATEMENTS.

AGAIN, UNMODIFIED. BEING THE HIGHEST LEVEL OF ASSURANCE WE CAN PROVIDE, AS YOUR INDEPENDENT AUDITOR, THAT THE FINANCIAL STATEMENTS ARE MATERIALLY CORRECT AND THAT ALL DISCLOSURES WERE INCLUDED IN TERMS OF FINANCIAL HIGHLIGHTS FROM THE 2025 FISCAL YEAR.

AGAIN, THESE FIRST FEW NUMBERS ARE FULL ACCRUAL.

THEY WOULD TIE TO THE FIRST TWO STATEMENTS WITHIN THE REPORT.

TOTAL ASSETS AT THE END OF THE YEAR FOR BOTH YOUR GOVERNMENTAL AND BUSINESS TYPE ACTIVITIES WERE APPROXIMATELY 89.4 MILLION.

THAT IS A NET INCREASE OF 1.3 MILLION OVER 2024.

THAT INCREASE WAS SEEN IN YOUR CURRENT ASSETS AS YOU SAW AN OVERALL NET REDUCTION IN CAPITAL ASSETS.

MUCH OF THAT INCREASE IN CURRENT ASSETS WAS A RESULT OF ADDITIONAL DEBT PROCEEDS THAT WERE ISSUED DURING THE YEAR.

TOTAL LIABILITIES CAME IN AT JUST OVER 49.2 MILLION.

THAT DOES REPRESENT AN APPROXIMATE NET INCREASE OF A MILLION, AND MUCH OF THAT COULD BE SEEN IN THE LONG TERM LIABILITIES AS A RESULT OF THE ISSUANCE OF DEBT. IN TERMS OF YOUR OVERALL NET POSITION, YOU ENDED THE YEAR WITH A POSITIVE 41.1 MILLION.

THAT IS A 1% DECREASE FROM PRIOR YEAR. AGAIN, GENERAL FUND SUMMARY GENERAL FUND IS THE ONE FUND THAT WE GENERALLY GIVE A LOT OF ATTENTION TO. FOR THOSE FUND LEVEL STATEMENTS, AGAIN.

THE DOLLARS THAT ARE HELD BY THE GENERAL FUND ARE TYPICALLY NOT RESTRICTED FOR A SPECIFIC PURPOSE OR PROGRAM.

THE ENDING FUND BALANCE FOR 2025 WAS APPROXIMATELY 4.2 MILLION.

[00:40:01]

THAT 4.2 MILLION REPRESENTED 23% OF YOUR 25 EXPENDITURES.

THAT IS JUST UNDER THE BENCHMARK, BUT IT IS A SIGNIFICANT INCREASE OVER 2024.

WHEN WE WERE HERE IN AUGUST, YOU WERE AT APPROXIMATELY 15%.

FOR THE 2024 FISCAL YEAR. WE HAD NO MATERIAL WEAKNESSES OR SIGNIFICANT DEFICIENCIES THAT WERE IDENTIFIED IN THE AUDIT.

IN CONCLUSION, THE FINANCIAL STATEMENTS ARE PRESENTED FAIRLY.

THERE WERE NO MATERIAL AUDIT ADJUSTMENTS, NO FINDINGS WITH RESPECT TO THE FINANCIAL STATEMENT, AUDIT IN MANAGEMENT AND STAFF WERE PREPARED FOR THE AUDIT AND RESPONDED TIMELY TO OUR REQUEST.

AT THIS TIME, I JUST WOULD LIKE TO RECOGNIZE SUSIE.

SHE DOES AN AMAZING JOB. IF YOU THINK ABOUT THE TIMING OF THE CONCLUSION AND ISSUANCE OF THE LAST SEVERAL AUDITS.

AGAIN, WE ISSUED IN AUGUST LAST YEAR. SHE'S DONE AN INCREDIBLE JOB AND IT SPEAKS TO THE FACT THAT WE WERE HERE SEVEN MONTHS LATER ISSUING THE 2025 FINANCIAL STATEMENT AUDIT.

NOW, STEPHANIE, I HAVE A QUESTION FOR YOU. LAST YEAR, HOW MANY FINDINGS DID YOU HAVE FOR ANGLETON? DO YOU REMEMBER? I DO NOT REMEMBER. MORE THAN FIVE.

NO LESS THAN FIVE, YES. OKAY. AND THAT'S WHAT MADE IT INTO THE FINAL REPORT.

YES. I'M WELL AWARE OF HOW AUDITS GO. YOU YOU HAVE YOUR MINOR FINDINGS AND YOU HAVE YOUR MAJORS AND WHATEVER IS THE BIGGEST MAKES IT TO THE FINAL REPORT.

BUT SEEING US AND THE ACTIONS THAT THIS COUNCIL HAS TAKEN AND INCREASING THAT FUND BALANCE 1.2 MILLION IN 1 YEAR TO GET FROM 15% TO 23% IS NO EASY TASK.

AND SUSIE, YOU ARE SITTING BACK THERE HIDING FROM EVERYBODY, BUT YOU WERE KEY TO MAKING THAT HAPPEN.

SO THANK YOU, SUSIE. AND TO THE COUNCIL. I MEAN, THIS IS WHAT WE'VE BEEN DOING AND THIS IS WHAT WE'VE BEEN WORKING TOWARDS.

AND WHAT'S GREAT FOR THE CITIZENS IS WE INCREASE THAT 1.3 MILLION, BUT WE ALSO HECTOR'S TEAM HAS A LOT OF NEW EQUIPMENT NOW THAT THEY CAN GO OUT AND DO STUFF WITH AND, AND TRY TO FIX ROADS AND FIX WATER LINES.

AND WE'VE BEEN INVESTING IN A LOT OF DIFFERENT AREAS OF THIS COMMUNITY, AND STILL WERE ABLE TO CUT ALL THAT OUT OF THE BUDGET.

AND I THINK THAT WAS VERY RESPONSIBLE STEWARDSHIP OF YOUR FINANCIALS.

SO THANK YOU. I WANT TO THANK THE STAFF FOR THEIR HELP IN THIS BECAUSE WE COULDN'T WE COULDN'T HAVE DONE THIS WITHOUT YOUR HELP.

AND I KNOW THAT IT WAS PAINFUL GOING THROUGH AND CUTTING YOUR BUDGETS AND STILL MAKING SURE THAT WE HAD ENOUGH THERE TO CONTINUE TO GRIND AWAY AT SOME OF THE THINGS THAT SOME OF OUR OBJECTIVES THAT THAT WE HAD STATED WE NEEDED TO ACHIEVE.

THANK YOU VERY MUCH. ANYBODY ELSE? NOBODY HAS ANYTHING ELSE. I'LL ENTERTAIN A MOTION TO ACCEPT THE FISCAL YEAR AUDIT REPORT.

MAKE A MOTION TO SECOND. I HAVE A MOTION BY COUNCILMAN SARTIN.

SECONDED BY COUNCILWOMAN DANIEL TO ACCEPT THE FISCAL YEAR 2425 AUDIT REPORT.

ANY FURTHER DISCUSSION? DO YOU HAVE ANYTHING ELSE YOU'D LIKE TO ADD? ARE YOU NOT? OKAY, SUZY, ANYTHING BEFORE WE VOTE? ALL RIGHT THEN, I'LL CALL FOR THE VOTE. ALL THOSE IN FAVOR SIGNIFY BY SAYING AYE.

AYE. ALL THOSE OPPOSED? SAME SIGN. MOTION CARRIES.

THANK YOU. THANK YOU. WE APPRECIATE THE OPPORTUNITY TO SERVE THE CITY OF ANGLETON.

THANK YOU. STEPHANIE. THANK YOU. ITEM NUMBER EIGHT.

UPDATE DISCUSSION ON GAMBIT ENERGY STORAGE PARK.

[8. Update and discussion on the Gambit Energy Storage Park, 319 Murray Ranch Road, Angleton, Texas, currently a Specific Use Permit (SUP) within a Single-family Residential 7.2 District (SF-7.2).]

7.2 DISTRICT SF 7.2. EVENING, MOLLY. GOOD EVENING.

I ALSO HAVE A PRESENTATION THAT WAS SENT HOPEFULLY TO IT.

GREAT. THANK YOU. GREAT. ALL RIGHT. GOOD EVENING, MAYOR, COUNCIL MEMBERS AND MEMBERS OF THE PUBLIC. THANK YOU. MY NAME IS MOLLY EMERSON.

I'M THE CHIEF DEVELOPMENT OFFICER AT PLUS POWER.

I'M HERE REPRESENTING THE THE GAMBIT ENERGY STORAGE PARK AND HERE TO GIVE AN UPDATE ON SOME PROGRESS TO MITIGATE CONCERNS OF NOISE AND VISUAL IMPACT FROM THE PROJECT, FROM THE NEIGHBORING COMMUNITY.

[00:45:05]

WE'RE GLAD TO BE HERE IN PERSON. WE HAVE SEVERAL MEMBERS FROM THE TEAM HERE IN, IN THE ROOM.

WE'RE HAPPY TO GIVE THIS UPDATE AND ANSWER QUESTIONS FROM THE COUNCIL AND THE PUBLIC.

AT THE BEGINNING OF THE YEAR, I'LL FIRST SAY THIS IS WHERE WE'RE GOING TO GO THROUGH TONIGHT, BUT I WANT TO FIRST SAY AT THE BEGINNING OF THE YEAR, CONCERNS ABOUT THE FACILITY AND THE AUDIBLE AND VISUAL IMPACTS THEREIN ON THE NEIGHBORING HERITAGE OAKS COMMUNITY WERE ESCALATED.

AND WE ARE AWARE THAT A LOT OF THOSE CONCERNS CAME DIRECTLY BEFORE THIS CITY COUNCIL.

WE WANTED TO BE THERE IN PERSON IN JANUARY WITH YOU ALL TO TO HAVE THAT CONVERSATION.

BUT WE'RE GOING TO PLAN TO BE HERE GOING FORWARD SO WE CAN ALL HAVE THE CONVERSATION IN THE ROOM.

SINCE THEN, THE GAMBIT TEAM HAS FOCUSED ON REESTABLISHING DIRECT COMMUNICATIONS WITH THE HERITAGE OAKS COMMUNITY.

AND ESPECIALLY THE COMMUNITY LEADERS. WE HEAR THESE CONCERNS AND WE GENUINELY WANT TO HELP.

WE ARE TRACKING EVERY CONCERN THAT COMES DIRECTLY TO US AND ARE WORKING TO RESPOND TO THOSE IN 24 HOURS.

WE RECOGNIZE THAT WHEN WE ASSUMED OWNERSHIP OF THE FACILITY FROM THE PRIOR OWNER, THERE WERE SOME COMMUNICATION GAPS THAT CONTRIBUTED TO INCREASED FRUSTRATION, AND WE ARE COMMITTED TO CLOSING THOSE GAPS.

OUR GOAL IS ULTIMATELY TO BE A GOOD NEIGHBOR IN ANGLETON AS WE ORIGINALLY SET OUT TO BE.

AND WHILE CONTINUING TO OPERATE THIS CRITICAL GRID INFRASTRUCTURE FOR THE BENEFIT OF THE GRID SAFELY AND RESPONSIBLY.

AND WE SINCERELY APPRECIATE THE THE HERITAGE OAKS COMMUNITY, SOME OF WHICH YOU ARE, I KNOW HERE TONIGHT.

FOR ENGAGING AND REALLY OPEN AND HONEST DIALOG WITH US OVER THE PAST SEVERAL MONTHS.

WE'RE COMMITTED TO KEEPING THOSE LINES OPEN AND WORKING COLLABORATIVELY WITH THE NEIGHBORS AND THE CITY COUNCIL ON A CONSTRUCTIVE PATH FORWARD.

SO TODAY I'M GOING TO PROVIDE AN UPDATE ON OUR ACTION PLAN AS WE'RE CALLING IT INCLUDING A BRIEF SUMMARY OF OUR MARCH 2026 SOUND STUDY REPORT. AND TALK ABOUT NEXT STEPS. WHERE DO WE WANT TO GO FROM HERE? WE'LL WALK THROUGH A COUPLE SLIDES AND I HAVE JUST ABOUT EIGHT MINUTES OR SO HERE AND WE'LL ASK THAT.

THEN QUESTIONS BE GIVEN. I JUST WANT I THINK A LOT OF THE QUESTIONS WILL BE ANSWERED BY SOME OF THIS IN THE PRESENTATION.

I WANT TO CONFIRM AGAIN. FIRST, WE HAVE HEARD THE MANY CONCERNS AND TESTIMONIALS FROM NEIGHBORS.

THOSE HAVE BEEN VERY HELPFUL. THE VIDEOS, RECORDINGS AND THE PERSONAL STORIES HAVE BEEN HEARD AND APPRECIATED.

THE FACILITY IS CLEARLY HAVING AN AUDIBLE AND VISUAL IMPACT TO THE NEIGHBORS, AND WE'RE HERE TO TALK ABOUT HOW WE'RE GOING TO MITIGATE THAT.

THE GAMBIT ENERGY STORAGE TEAM HAS DEVELOPED AN ACTION PLAN TO ADDRESS SOME OF THE CONCERNS IN THE IMMEDIATE TERM.

AND WE'RE FOCUSED REALLY ON THREE THINGS. THREE BUCKETS.

WE'RE FOCUSED ON MITIGATION OF THE PHYSICAL IMPACTS, OPERATIONAL CHANGES IN THE WAY THAT WE RUN THE FACILITY, WHICH IS THE ROOT CAUSE OF SOME OF THOSE IMPACTS, AND ACTING WITH A HIGHER LEVEL OF TRANSPARENCY TO THE COMMUNITY AND OUR STAKEHOLDERS.

SO I HAVE UP HERE ON THE SCREEN A MATRIX WITH SEVERAL DIFFERENT ACTIONS THAT WE'VE EITHER PROPOSED OR TAKEN OVER THE PAST SEVERAL MONTHS. I'LL BE I HAVE A COUPLE OF OTHER SLIDES THAT HAVE HELPFUL IMAGES AND SUPPORTING MATERIAL, BUT I MIGHT ASK YOU TO GO BACK TO THE SLIDE EVERY SO OFTEN SO WE CAN REMIND OURSELVES OF OF WHERE WE ARE.

FIRST ON THE, ON THE VERY TOP, THE FAN SPEED AT THE BEGINNING OF THE YEAR, WE USED THE OPPORTUNITY OF A PLANNED OUTAGE TO REDUCE THE FAN LIMIT AT THE GAMBIT PARK ON BATTERY FANS.

SO DIRECT FEEDBACK FROM SOME OF THE NEIGHBORS TOLD US THAT AND HELPED US UNDERSTAND THAT THIS RESULTED IN AN IMMEDIATE AND NOTICEABLE REDUCTION IN NOISE FROM THE FACILITY. WE PLAN TO OPERATE WITH THIS FAN SPEED LIMIT IN PLACE.

FOR THE TIME BEING. AND BUT HOWEVER, WE NEED TO REMIND THE COMMUNITY THAT THE FANS, WHICH IS THE SOURCE OF THE NOISE IMPACT, ARE PART OF THE CRITICAL COOLING SYSTEM OF THE BATTERY FACILITY.

SO GAMBIT WILL CONTINUALLY MONITOR THE CONDITIONS GOING INTO SUMMER.

FAN SPEEDS MAY NEED TO BE ADJUSTED IN UP BACK IN THE FUTURE TO DEAL WITH INCREASED TEMPERATURES THAT WE'RE PROBABLY GOING TO SEE IN THE SUMMER MONTHS.

SO GRID DISPATCH COMMANDS FROM ERCOT ALSO MAY PLAY INTO THAT OPERATIONAL NEED, BUT WE HAVE A PLAN FOR WORKING

[00:50:03]

SO NUMBER TWO ON THE LIST TRANSPARENCY. WE HAVE ESTABLISHED NOW A DIRECT LINE OF COMMUNICATION WITH SOME OF THE LEADERS IN HERITAGE OAKS PLUS POWERS ASSET MANAGEMENT TEAM, THREE OF WHICH ARE IN HERE IN THE ROOM HERE WITH US TODAY ARE ALL AWARE OF THE IMPACT OF THIS PROJECT HAS ON THE COMMUNITY. AND WE'VE PROVIDED WE'VE SET UP A PHONE LINE, A DIRECT PHONE LINE TO OUR ASSET MANAGEMENT TEAM THAT CAN BE CONTACTED 24 HOURS A DAY. IT'S BEING MONITORED. AND ANY COMPLAINTS THAT WANT TO GO DIRECTLY TO THE GAMBIT TEAM.

WE HAVE THAT NUMBER AVAILABLE. COMMUNICATION SHOULD BE FLOWING BOTH WAYS.

NEIGHBORS CAN EXPECT ACTION ADDRESSING THEIR CONCERNS IF THEY HEAR THE FACILITY AND GAMBIT CAN USE THAT COMMUNICATION PATH TO SET EXPECTATIONS. WE PLAN TO SET BETTER EXPECTATIONS GOING INTO THE SUMMER ABOUT HOW WE PLAN TO OPERATE AND WHEN WE MAY NEED TO RUN THE FANS MORE VIGOROUSLY TO OPERATE SAFELY GOING INTO THE HOTTER MONTHS OF THE YEAR.

THIRD, THERE IS A SOUND MONITORING COMPONENT TO, TO THIS PROJECT.

AS YOU KNOW, GAMBIT ENERGY STORAGE IS REQUIRED TO OPERATE THE FACILITY UNDER A 24 HOUR AVERAGE SOUND LEVEL.

A BASELINE THAT WAS SET BY A 24 HOUR AMBIENT AVERAGE MEASURED PRE FACILITY DURING 2020.

THOSE AVERAGES WERE MEASURED AT THREE RECEPTOR POINTS, 100FT OUTSIDE OF THE PROJECT BOUNDARY.

A PROFESSIONAL SOUND STUDY IS CONDUCTED BY DUDECK, WHICH IS A CONSULTANCY FIRM, BIANNUALLY, AND EACH STUDY RUNS A WEEK LONG ONE JUST OCCURRED IN FEBRUARY, AND THAT REPORT WAS WAS SUMMARIZED FOR FOR MARCH.

THE OTHER REPORTS ARE OR THE OTHER STUDIES ARE CONDUCTED IN AUGUST AND THEY, THE REPORTS DUE TO THE CITY COUNCIL IN SEPTEMBER.

SO WE'RE, WE'RE MONITORING BOTH IN RUNNING THE STUDY, BOTH IN SPRING AND IN THE HOT SUMMER MONTHS.

WE RUN THE FACILITY AT NORMAL OPERATIONS DURING THESE STUDIES.

SO I WANT TO CLARIFY THERE ARE NO OPERATIONAL RESTRICTIONS OR REDUCTIONS DURING THE STUDY PERIODS.

GAMBIT'S SPRING 26 STUDY WAS PERFORMED RECENTLY ON FEBRUARY 23RD, FEBRUARY 16TH THROUGH FEBRUARY 23RD.

THE REPORT WAS SUBMITTED TO THE CITY, I BELIEVE, LAST THURSDAY THE 19TH.

AND WE PROVIDED NOTICE TO NEIGHBORS IN ADVANCE OF THAT STUDY.

WE OPERATED THE FACILITY NORMALLY. WE ACTUALLY WENT IN AND TOOK ANOTHER OUTAGE AND REMOVED THE FAN LIMITS SO THAT WE COULD BE RAMPED UP TO WHATEVER THEY NEEDED TO BE. FOR AMBIENT TEMPERATURE CONTROL. AND THEN WE VOLUNTARILY THEN TOOK ANOTHER OUTAGE AND REINSTATED THE FAN SPEED LIMIT AFTER THE STUDY WAS COMPLETED. SO WE DIDN'T WANT TO DERAIL THE FAN.

THE STUDY'S RESULTS, BY THE BY THE FAN SPEED LIMIT THAT IS IN PLACE CURRENTLY.

THE FINDINGS OF THAT REPORT WERE THAT ALL ASSESSMENT POINTS WERE UNDER THE BASELINE THRESHOLD DBA LIMITS SET BY THE PRE FACILITY SOUND STUDY IN 2020.

THE FULL STUDY HAS BEEN SUBMITTED TO THE CITY AND WILL BE AVAILABLE TO INTERESTED MEMBERS OF THE PUBLIC TO REVIEW.

I THINK A COUPLE MEMBERS OF THE PUBLIC HAVE ALSO GOT THAT STUDY, AND I'M HAPPY TO TAKE, YOU KNOW, QUESTIONS ON THERE. NOW I'M GOING TO GET INTO ANOTHER MITIGATIVE ACTION THAT WE'VE TAKEN.

SO I'LL ASK YOU TO GO TO THE NEXT SLIDE WHILE I DO THIS ONE.

SORRY. ONE MORE. THANKS. THANK YOU. WE KNOW THAT REGARDLESS OF THE RESULTS THAT ANY STUDY WE DO, THE FACILITY IS STILL HAVING AN UNACCEPTABLE LEVEL OF IMPACT ON THE COMMUNITY RIGHT NOW.

AND ONE OF THESE TYPES OF CONCERNS THAT HAS BEEN RAISED IS LIGHTING FROM THE FACILITY.

PER THE ORIGINAL S U P THIS FACILITY WAS NOT SUPPOSED TO HAVE ANY LIGHTS THAT WOULD DISRUPT NEIGHBORS OR CROSS PROPERTY BOUNDARIES.

HOWEVER, WE KNOW THAT ON ONE OCCASION IN THE FALL OF 2024, WHICH I KNOW THE PICTURE IS VERY HARD TO SEE, BUT IT'S THE LOWER LEFT HAND SIDE. YOU CAN KIND OF GET A SENSE THAT MAINTENANCE WORK ON THE FACILITY WHEN IT'S STRETCHED INTO THE EVENING HOURS, REQUIRED THAT SOME EMERGENCY LIGHTING IN THE SUBSTATION WAS LEFT ON.

THIS WAS NOT COMMUNICATED TO THE NEIGHBORS. IT WAS DISRUPTIVE, SHINING DIRECTLY INTO NEIGHBORS YARDS AND INTO THEIR HOMES.

WE HAVE SINCE TAKEN THE CORRECTIVE ACTION TO TURN THAT LIGHT OFF AND KEEP IT OFF.

THERE'S AN IMAGE ON THE OTHER SIDE OF THE SLIDE.

YOU CAN SEE WE HAVE A OFF BUTTON AND CONTACTPLUS POWER PRIOR TO OPERATION ON THAT LIGHT.

[00:55:06]

THE LIGHTS HAVE BEEN OR ARE PLANNED TO BE LOWERED AND REPOSITIONED.

SO THERE ARE TWO LIGHTS, ONE ON THE LIGHTNING ARRESTER POLE THAT YOU CAN SEE IN THE SERIES OF PHOTOS.

ALSO ON THE RIGHT HAND OF THE SLIDE, THOSE LIGHTS HAVE BEEN TAKEN FROM A HEIGHT OF 40FT DOWN TO, I BELIEVE IT'S 15 AND THEY'VE BEEN ANGLED DOWNWARD.

SO IF THEY ARE TURNED ON, THEY REALLY ARE ILLUMINATING JUST THE GROUND AND NOT SHINING OUT ACROSS TO THE NEIGHBORHOOD.

THE OTHER LIGHTS THAT ARE ON THE H FRAME, AS WE CALL IT, SUBSTATION TOWER, WE HAVE A PLAN TO ALSO LOWER THOSE THOSE LIGHTS LATER IN THE SPRING AND LESSEN THE POSSIBLE IMPACT TO THE COMMUNITY.

NEXT I'M GOING TO GO TO LANDSCAPING. WE CAN GO TO THE NEXT SLIDE.

THANK YOU. WE'VE MADE SIGNIFICANT STRIDES ON ENHANCING, ENHANCING THE VISUAL BUFFERING OF THE SITE.

WE'VE ALSO HEARD FROM AFFECTED NEIGHBORS THAT THEY CAN SEE THE SITE, ESPECIALLY DURING WINTER.

AND IT INTERFERES WITH THEIR VIEW SHED AND THEIR ENJOYMENT OF THEIR PROPERTY.

GAMBIT HAS RETAINED LOCAL LANDSCAPING FIRMS TO PLANT ADDITIONAL EVERGREEN SPECIES AROUND THE PERIMETER OF THE FACILITY AND BUFFER THE VISUAL IMPACTS PRIMARILY ALONG THE NORTH AND WEST BORDERS, WHICH ARE AFFECTED. THE SCOPE OF THE PLANTING INCLUDES THE TREES, THE MAINTENANCE, THE IRRIGATION AND THE GUARANTEED SURVIVAL OF THOSE TREES.

SO WE'RE NOT GOING TO SEE THEM DIE. AND IF WE IF THEY DO NOT SURVIVE, WE'LL REPLACE THEM.

AWAITING FEEDBACK FROM OUR NEIGHBORS. WE WILL COMMENCE THAT PLANTING IN THE FALL.

WE'RE PLANNING TO DO THAT TO OPTIMIZE SURVIVAL RATES OF THE PLANTING AND NOT PLANT THEM AS WE'RE HEADING INTO THE HOT SUMMER MONTHS.

BUT THE GOAL IS FOR THOSE PLANTINGS TO FILL IN THE GAPS OF THE VEGETATION PERIMETER.

AND I WOULD ASK YOU TO GO TO THE NEXT SLIDE SO YOU CAN SEE THAT A LITTLE BETTER.

AND I KNOW IT'S LIGHT OUT HERE AND THOSE PHOTOS ARE A LITTLE DIFFICULT TO SEE, BUT THERE ARE SOME GAPS IN THE VEGETATION PERIMETER DURING WINTER, ESPECIALLY IN THE WINTER. AGAIN, WHEN THOSE DECIDUOUS TREES LOSE THEIR LEAVES AND PEOPLE CAN STILL SEE THE WALL AND SOME OF THE BATTERIES THAT ARE IN THE FACILITY.

SO WE WILL BE FILLING THE GAPS WITH THE TREES, THAT AND SHRUBS THAT ARE PROPOSED TO BE PLANTED.

AND IF YOU GO TO THE NEXT SLIDE, IT'S KIND OF A HIGHER UP CLOSE UP VERSION OF WHAT WE PLAN TO PLANT SOME OAK TREES, SOME WAX MYRTLE, SOME RED EASTERN CEDARS ARE THE VARIETIES THAT HAVE BEEN RECOMMENDED BY THE LOCAL PEOPLE WHO KNOW WHAT THEY'RE TALKING ABOUT, AND WILL BE MOST LIKELY ABLE TO SURVIVE IN THE CONDITIONS.

AND THEN I'M GOING TO ASK YOU TO GO ALL THE WAY BACK TO THE.

THE MATRIX. THANK YOU SO MUCH. SO THAT WAS LANDSCAPING AND IRRIGATION THAT'S IN PROGRESS AND WILL BE COMPLETED LATER THIS FALL.

ANOTHER VISUAL MITIGATION WE'VE BEEN CONSIDERING IS PAINTING THE TRANSMISSION POLE THAT WAS SUGGESTED AS A AS A VISUAL MITIGATION AS WELL.

THAT EFFORT IS AWAITING FEEDBACK FROM NEIGHBORS.

WE ARE VERY HAPPY TO DO IT. JUST TELL US WHAT COLOR.

IF THAT IF THE AFFECTED STAKEHOLDERS BELIEVE THAT THAT IS SOMETHING THAT WOULD HAVE A MEASURABLE IMPACT, WE ARE MORE THAN HAPPY TO MOVE FORWARD WITH THAT IN OUR PLANS.

AND THEN HERE, THIS BRINGS US TO THE LAST BUT PROBABLY THE MOST IMPORTANT ONE.

THE GAMBIT TEAM HAS BEEN ANALYZING OUR OPERATIONAL PERFORMANCE AND WORKING WITH OUR OPERATIONS TEAM TO TRY AND OPTIMIZE OUR STRATEGY OF THE BATTERY TO LESSEN THE SOUND IMPACTS. WE ARE EXPLORING WAYS TO AVOID, FOR EXAMPLE, AVOID CHARGING OR DISPATCHING THE FACILITY DURING HEAVILY USED OUTDOOR HOURS WHEN RESIDENTS ARE KEEN TO BE OUTSIDE ENJOYING PEACE AND QUIET, WE WILL CONTINUE TO WORK WITH THE NEIGHBORS INTO THE SUMMER AND GIVE THAT GREATER TRANSPARENCY ON OUR OPERATIONAL PLAN AND ASK FOR FEEDBACK.

SO AGAIN, COMPLETE KEEPING THOSE COMMUNICATION LINES AS WE GO INTO THE SUMMER, AS WE CONTINUE TO LOOK AT WHAT OUR OPERATIONAL PLANS ARE.

WE'RE BEGINNING TO UNDERSTAND WHEN THE FANS ARE OPERATING EXACTLY, AND HOW WE MIGHT MITIGATE THAT, HOW WE CAN OPERATE THE FACILITY DIFFERENTLY, CHARGING AND DISCHARGING SLOWER OR DURING DIFFERENT TIMES OF THE DAY SO THAT THOSE FANS CAN NOT BE AS AS LOUD. WE APPRECIATE THAT THE MEMBERS OF THE COMMUNITY, THAT THE COMMUNITY UNDERSTANDS THAT THIS FACILITY IS SERVING A CRITICAL, IMPORTANT POWER RELIABILITY RESOURCE AND A ROLE IN BRAZORIA COUNTY AND TEXAS IN GENERAL.

THERE IS A NEED FOR THE FACILITY TO BE OPERATING ON THE POWER GRID, ESPECIALLY HEADING INTO THE SUMMER.

[01:00:05]

ON THAT EVENING, ANGLETON AND TEXAS DID NOT GO INTO ROLLING BLACKOUTS BECAUSE GAMBIT AND OTHER BATTERIES WERE THERE, INJECTING CAPACITY INTO THE LOCAL ENERGY GRIDS.

SO THANK YOU FOR WORKING WITH US TO FIGURE OUT HOW CAN WE CAN RUN THIS FACILITY TO MEET THE GRIDS, ENERGY NEEDS AND KEEP THE LIGHTS ON WHILE MINIMIZING IMPACT TO OUR NEIGHBORS? AND IF YOU WOULDN'T MIND GOING TO THE VERY LAST SLIDE BACK A COUPLE ACTUALLY.

OH, MAYBE. I THINK IT'S THE NEXT COUPLE ONE, ONE MORE.

OKAY HERE ARE SOME OTHER IMPROVEMENTS THAT WE ARE CONSIDERING.

WE'RE NOT FINISHED. WE WANT TO CONSIDER ADDITIONAL MEASURES, SUCH AS EXTENSION OF THOSE SOUND WALLS THAT WERE PUT IN PLACE IN 2024, I BELIEVE. WE'RE CONSIDERING OTHER OTHER TECHNOLOGY FAN SHROUDS THAT MAY BE ABLE TO BE PLACED ON THE PACKS THEMSELVES TO REDUCE THE DECIBEL LEVEL AT THE PACKS THEMSELVES.

HOWEVER, WE JUST WANT TO HIGHLIGHT THERE ARE SOME CHALLENGES MAKING SURE THAT THE INTENDED IMPACT OF THESE CHANGES ACTUALLY COME TO FRUITION.

ESPECIALLY WITH THE SOUND WALL, WE'VE HEARD FROM SOME COMMUNITIES, THEY MAY HAVE COMPOUNDED THE SOUND FOR OTHERS WHILE DAMPENING IT FOR SOME.

AND SO WE JUST WANT TO MAKE SURE AND BE CAREFUL THAT WITH THESE INVESTMENTS IN THE, IN THE, IN THE FACILITY, WE'RE REALLY MAKING A DIFFERENCE WHEN REALLY THE DIFFERENCE THAT WE THINK WILL HAVE THE BIGGEST IMPACT IS OUR OPERATIONAL STRATEGY AND CHANGES GOING INTO THE SUMMER. SO IN CLOSING, WE'RE CONSIDERING THESE ADDITIONAL MEASURES.

WE WANT TO HEAR FEEDBACK ON HOW THESE CHANGES ARE DOING, THE ONES THAT WE'VE ALREADY TAKEN AND THE ONES WE PLAN TO.

THERE COULD BE OTHER IDEAS OUT THERE THAT CAN HELP WITH THESE CONCERNS AS WELL. WE LOOK FORWARD TO IMPLEMENTING THE MITIGATION, OPERATIONAL CHANGES AND WORKING TRANSPARENTLY WITH THE NEIGHBORS AND THE CITY LEADERSHIP.

THANK YOU FOR THE OPPORTUNITY TO PRESENT THESE UPDATES. OUR GAMBIT ENERGY STORAGE TEAM HEARS YOU.

WE'RE TAKING ALL POSSIBLE STEPS TO REDUCE THE IMPACTS AND MAINTAIN THE ABILITY TO PROVIDE CRITICAL INFRASTRUCTURE SERVICES TO THE LOCAL ELECTRICAL GRID.

THANK YOU. OTIS. IS THERE ANYBODY ELSE WISHING TO SPEAK BEFORE I OPEN THIS UP TO THE PUBLIC? OKAY, SO THANK YOU. MOLLY. I'LL CALL YOU BACK UP IN A FEW MINUTES.

I GOT SOME QUESTIONS FOR YOU. I'LL MAKE A MOTION TO OPEN A PUBLIC HEARING.

SECOND, I HAVE A MOTION. AND SECOND, TO OPEN A PUBLIC HEARING.

ANY FURTHER DISCUSSION? IT'S NOT REALLY LISTED AS A PUBLIC HEARING.

SO IS IT NO DISCUSSION. WE JUST HAVE DISCUSSION.

MISS DANIELS, YOUR FIRST. USUALLY YOU GET UP.

I GET UP HERE. I'M CLARA DANIELS. I'M THE PRESIDENT OF THE HOA.

I LIVE AT 864 OAKS DRIVE, WHICH IS DIRECTLY ACROSS THE DITCH AND THE STREET FROM THE PARK.

SO I'M DIRECTLY IMPACTED AS WELL. I USUALLY GET UP HERE AND TRY TO SHOW YOU ALL VIDEO AND LET YOU LISTEN TO THE SOUND THAT I HEAR, BUT I'M NOT DOING THAT THIS TIME. SO ACTUALLY I HAVE POSITIVE FEEDBACK FROM SINCE JANUARY MEETING.

THEY DID. WE NOTICED IMMEDIATELY THE NEXT DAY THE NOISE WAS A LOT QUIETER.

AND YOU KNOW, THEY SINCE HAVE TOLD US THEY TURNED IT DOWN TO 50%.

SO THAT'S A GOOD THING FOR US BECAUSE WE DON'T HEAR IT.

NOW, WE DID HEAR IT DURING THE SOUND STUDY WEEK, WHICH WAS ANOTHER GOOD THING BECAUSE WE KNEW THEY WERE RUNNING IT AND BECAUSE THE LAST SOUND STUDY, WE DIDN'T THINK THEY WERE RUNNING IT LIKE, YOU KNOW, BECAUSE WE COULDN'T HEAR IT THAT WEEK.

SO IT WAS GOOD THAT THEY WERE RUNNING AT MAX FAN SPEEDS.

AND WE ACTUALLY HAD, I HAD A VIDEO AND I COULD HEAR IT.

I SENT IT TO THEM AND TOLD THEM EXACTLY WHAT TIME WHEN, YOU KNOW, I COULD HEAR IT INSIDE MY HOUSE.

IT WAS VERY LOUD. LANCE ALSO TOOK DATA WITH DECIBEL LEVELS AND IT WAS UP TO 62, I THINK, THE NEXT DAY, YOU KNOW? SO A COUPLE OF DAYS THEY WERE RUNNING IT PRETTY HIGH.

AND SO WE NOTICED IT. AND SO, YOU KNOW, WE GOT OUR DATA.

AND SO WE UNDERSTOOD, YOU KNOW, WHAT WAS GOING ON.

SO BUT I HAVEN'T HEARD IT SINCE THEN LIKE BEFORE, YOU KNOW, SO ALL I CAN SAY IS POSITIVE.

[01:05:03]

SO THEY'VE BEEN VERY RECEPTIVE. THEY'VE BEEN LISTENING.

YOU KNOW, THEY BELIEVE US. IT'S NOT LIKE THEY LOOK AT US LIKE THEY ARE CRAZY.

AND THE ONLY FEEDBACK NEGATIVE THAT I HAVE IS THE SOUND STUDY SPECIFICALLY.

I KNOW IT'S INDUSTRY STANDARDS AND ALL THAT STUFF, BUT THE, THE AVERAGE, THE 24 HOUR AVERAGE IS JUST BUNK.

I MEAN, IT DOESN'T MEAN ANYTHING. I MEAN, OKAY, IT WAS 53 OR WHATEVER WAS THE MAXIMUM NUMBER.

BUT YOU KNOW, WE REALLY WANT TO KNOW HOW MANY HOURS, MINUTES A DAY ARE WE OVER 40DB.

THAT'S ALL I WANT TO KNOW. AND THEY DO NOT HAVE THAT DATA.

FROM WHAT I LEARNED, THEY DON'T HAVE ANY SOUND DATA PHYSICALLY AT THE PLANT.

SO THEY DON'T MONITOR SOUND. THEY DON'T HAVE THE DATA.

IS THAT TRUE? YEAH. SO THEY ONLY GET THE DATA DURING A SOUND STUDY.

AND THEN WHEN IT'S AVERAGED OVER 24 HOURS, IT'S LIKE MEANINGLESS TO BE HONEST.

I MEAN, THE IT'S INDUSTRY STANDARD, BUT IT IS NOT HELPING.

SO I THINK LANCE NEEDS TO BE NEXT BECAUSE HE'S GOT A GREAT ANALOGY FOR Y'ALL.

AND I THINK THAT'LL KIND OF PUT A BULLET POINT ON WHAT I JUST SAID.

BUT BASICALLY YOU KNOW, IT'S GOOD TO STEP IN THE RIGHT DIRECTION AND YOU KNOW, IT'S BEEN POSITIVE.

SO THANK YOU. OKAY. AND IT JUST SO HAPPENS THE NEXT PERSON ON MY LIST IS LANCE WORTHAM.

I REALLY WASN'T PLANNING ON SPEAKING, BUT CLARA ASKED ME TO GO THROUGH THIS EXAMPLE.

FIRST, I'D LIKE TO SAY CONGRATULATIONS TO YOU ALL ON IT.

I KNOW HOW IMPORTANT THOSE ARE SHOWS HOW DEDICATED YOU ARE TO THE CITY.

SECONDLY, I THINK IT'S KIND OF IRONIC HOW AT THE BEGINNING OF THIS, A VEHICLE WENT BY OUTSIDE AND I NOTICED ALMOST EVERYBODY'S FACE GRIM WHEN YOU COULD HEAR THE BASS FROM IT. IMAGINE ME SITTING IN YOUR NEIGHBORHOOD FOR FOUR HOURS RUNNING MY TRUCK LIKE THAT WHILE YOU'RE TRYING TO SLEEP, WATCH THE ASTROS DO ANYTHING WITH YOUR FAMILY.

HOW IRRITATING THAT WOULD BE. I WOULD BE WILLING TO BET OFFICERS WOULD BE CALLED OUT AND NOISE COMPLAINTS WOULD BE FILED.

HOWEVER, USING THE RESULTS OF THIS STUDY IN YOUR ORDINANCE, IF YOU CAME TO MY HOUSE, I'D SAY, HEY, GO AWAY. I'M WITHIN. I'M COMPLIANT BECAUSE I'M GOING TO TURN IT OFF IN EIGHT HOURS AND MY 24 HOUR AVERAGE WILL BE LESS THAN 50DB.

IT'S IRONIC. AND SECOND, LET ME. I'VE BEEN REALLY IMPRESSED.

Y'ALL HAVE DONE A WHOLE LOT TO WORK WITH US. THEY'VE MET WITH US.

THEY'VE DONE A WHOLE LOT. AND I APPRECIATE ALL THE EFFORTS.

MY CONCERNS ARE LONG TERM BECAUSE IN THIS STUDY, IT LOOKS AT A 24 HOUR AVERAGE, NOT ONE DAY IN THEIR STUDY WERE THEY BELOW 40DB, WHICH THAT'S WHAT WE WERE PREACHED TO THE WHOLE TIME THIS WAS BEING APPROVED.

IT'S WHAT YOU LOOKED AT WHEN YOU WERE APPROVING THE S U P.

SO I STILL CONTEND THAT THE S U P WAS GRANTED UNDER FALSE INFORMATION.

I THINK IT WAS A MISUNDERSTANDING ON THE BEHALF OF THE CITY, AND I THINK IT WAS A MISUNDERSTANDING, FROM WHAT I UNDERSTAND FROM GAMBIT, BECAUSE THEY SAID THEY ONLY TESTED ONE ONE BATTERY AND THAT'S HOW THEY CAME UP WITH THE 40DB.

AND NOW THERE'S 40 SOMETHING BATTERIES OUT THERE, 50 BATTERIES ANYONE 8181 BATTERIES.

AND IF YOU'VE EVER BEEN TO A CRANK IT UP CONTEST AND YOU START MULTIPLYING VEHICLES AT 100DB, YOU GET AN UNBELIEVABLY LOUD SOUND. SO KEEP THAT IN MIND BECAUSE JOHN, IF I COULD GET SOME TIME WITH YOU, I'LL CALL HIM, SET UP AN APPOINTMENT. I'VE GOT SOMETHING I THINK THAT THIS ROLLS INTO THAT WILL BE VERY CONCERNING TO THE CITY AND HOW THE SOUND ORDINANCES ARE LOOKED AT, BECAUSE THIS SOUND ORDINANCE WAS WRITTEN FOR A COMPANY LIKE DOW CHEMICAL THAT PRODUCES A LOUD SOUND 24 OVER SEVEN, THAT DOESN'T HAPPEN. WE GET 2 TO 3 HOURS OF LOUD SOUND, FOLLOWED BY 2 OR 3 HOURS OF SILENCE.

SO WHEN YOU AVERAGE IT OUT, I'M IN COMPLIANCE.

LET ME DO THAT IN MY TRUCK. IN YOUR NEIGHBORHOOD. THANK YOU. THANK YOU.

NEXT UP, ERIC DANIEL. GOOD EVENING, MAYOR AND COUNCIL.

HOW LONG DO I ACTUALLY HAVE TO SPEAK? I SEE YOU GOT A TIMER RUNNING.

THREE MINUTES. OKAY, SO I WANT TO TALK AGAIN.

I GAVE YOU GUYS A PRINTOUT LAST TIME. THIS IS WHAT ONE OF THE TESLA MEGA PACKS LOOK LIKE WHEN THEY'RE ON FIRE.

THIS IS FROM THE SALT RIVER PROJECT IN PEORIA, ARIZONA.

SAME VINTAGE AS THE ONE WE HAVE IN OUR NEIGHBORHOOD, WHICH SHOULDN'T BE THERE.

SO I'M GOING TO REQUEST AGAIN THAT THE CITY COUNCIL RESCIND THE ORDINANCE RELATED TO THE GAMBIT SPECIFIC USE PERMIT FOR A NUMBER OF REASONS.

SO I'M GLAD PLUS POWER IS HERE TODAY. CAN HELP CLARIFY A COUPLE OF MY POINTS.

SO IF I UNDERSTAND CORRECTLY, KEITH, YOU'RE AN ENGINEER. YOU WORKED FOR TESLA. YOU WERE ALSO PART OF THE PROJECT IN AUSTRALIA WHERE YOU INSTALLED ONE OF THE WORLD'S LARGEST MEGA PACKS. IS THAT RIGHT? YOU HAVE TO ADDRESS COUNCIL.

OKAY. WELL, SORRY. HE IS SIMILARLY. KEN IS ALSO AN ENGINEER.

[01:10:03]

MAYBE THEY CAN COMMENT ON THOSE FACTS IN A LITTLE WHILE.

THOSE ARE THE ONLY TWO CATEGORIES UNDER THE CURRENT CODE OF ORDINANCES THAT YOU ARE ALLOWED TO INSTALL SOMETHING IN A RESIDENTIAL ZONED AREA OF THE CITY.

WE MOVED TO ANGLETON BECAUSE IT'S IN THE CITY, NOT IN THE COUNTY. WE HAVE SOME CONTROL OVER WHAT IS BUILT AROUND OUR HOUSE.

PERSONALLY, I WOULD SAY IT FITS MORE CLOSELY WITH AN ELECTRICAL GENERATING PLANT, AS IT'S COMMONLY UNDERSTOOD BY MOST PEOPLE.

THE RANDALL LAW FIRM ISSUED A MEMO SAYING IT'S ACTUALLY ITS OWN ENTIRELY NEW, DIFFERENT CATEGORY, NOT NOT EITHER OF THOSE THREE IN EITHER OF THOSE CASES.

THERE IS A PROCESS THAT'S SUPPOSED TO BE FOLLOWED WITH PLANNING AND ZONING, PUBLIC HEARING, CITY COUNCIL, ETC. NONE OF THAT TOOK PLACE. PLANNING AND ZONING IS STILL RECOMMENDED FOR APPROVAL.

THE S U P AS IT WAS WRITTEN. THEN, LIKE LANCE COMMENTED, THE REQUIREMENTS FOR THE S, U, P AS THEY WERE COMMUNICATED AND COMMONLY UNDERSTOOD SOMEHOW DIDN'T END UP IN THE ORDINANCE THAT WAS ACTUALLY SIGNED BY THE CITY COUNCIL AT THE TIME.

THAT'S CERTAINLY CURIOUS. THEN, YOU KNOW, REALLY ONGOING.

SO THIS PROJECT'S BEEN IN OPERATION FOR COMING ON FIVE YEARS NOW AND THEY'VE VIOLATED THE SP OR THE ORDINANCE, HOWEVER YOU WANT TO LOOK AT IT. BASICALLY MOST OF THAT TIME, BECAUSE OF ALL THE REASONS I TALKED ABOUT, LANCE TALKED ABOUT AND CLARA TALKED ABOUT. SO I'M JUST CURIOUS, WHAT ARE YOU GUYS, WHAT'S IT GOING TO TAKE FOR YOU GUYS TO ACTUALLY TAKE ACTION ON THIS? THIS FACILITY SHOULD NOT BE HERE BASED ON OUR CODE OF ORDINANCES.

IT SHOULDN'T BE HERE BECAUSE IT'S NOT SOMETHING THAT'S INTENDED TO BE IN A RESIDENTIALLY ZONED AREA.

I MEAN, DO WE NEED TO COME UP HERE ANOTHER DOZEN TIMES OVER THE NEXT TEN YEARS? IT'S GOING TO BE AN OPERATION HERE. DO WE NEED TO HAVE, YOU KNOW, A PETITION? DO YOU WANT TO HAVE MORE ANGRY RESIDENTS OR WE CAN HAVE A THERMAL RUNAWAY AND A FIRE AND WE MAKE NATIONAL NEWS.

THAT COULD MAYBE THAT'LL GET YOU GUYS TO DO SOMETHING ABOUT IT.

OR IF ONE OF THESE UNITS CATCHES ON FIRE AND THE FIRE DEPARTMENT JOE'S NOT HERE TODAY, BUT THEY PROVIDE SUPPRESSING WATER SPRAY SO THAT THE NEIGHBORING UNITS DON'T CATCH ON FIRE. THE DETENTION POND WILL FILL UP, THEN IT RUNS INTO DITCH TEN.

THAT RUNS INTO OYSTER CREEK, AND ALL THAT WATER IS POLLUTED DOWN TO SUPPORT WATER AUTHORITY, WHICH YOU GUYS CONSIDER THAT WHENEVER THEY PUT THIS FACILITY IN. PROBABLY NOT BECAUSE, OH, THESE THINGS ARE SAFE. YEAH. RIGHT. OKAY. SO THEN, I MEAN, GOD FORBID SOMETHING HAPPENS WORSE THAN THAT, BUT I DON'T KNOW WHAT ELSE WOULD BE WORSE THAN THAT. MAYBE ONE OF OUR FIRST RESPONDERS GETS INJURED OR WORSE.

RESPONDING TO THIS TYPE OF INCIDENT. THIS IS AN INDUSTRIAL FACILITY THAT SHOULD NOT BE IN A RESIDENTIAL AREA.

THANK YOU. ONE MORE THING. SO WHENEVER PLUS POWER CAME IN, I BELIEVE JANUARY, I HEARD I WAS SPECIFICALLY DISINVITED TO ATTEND THE MEETING, AS WERE OTHER COUNCIL MEMBERS. SO I DIDN'T GET A CHANCE TO ENGAGE WITH YOU GUYS.

OKAY, MR. ADAM BOX.

I LIVE AT 903 SPREADING OAKS. NOT ONLY DO I GET THE PRIVILEGE OF HEARING IT, BUT I GET TO SEE IT EVERY TIME I LOOK OUT MY BACK WINDOW.

THIS IS OUR FOURTH TIME TO COME TO ONE OF THESE MEETINGS, AND I'VE YET TO HEAR ANYTHING THAT THE CITY OF ANGLETON IS GOING TO DO ABOUT THIS.

WHAT'S STOPPING THEM FROM SELLING TO ANOTHER COMPANY? AND THAT OTHER COMPANY COMES IN AND LOOKS AT ALL THE WAS IT THE S U P AND THE PAPERWORK AND SAYS, OH, WELL, THEY MADE THAT AGREEMENT. WE DIDN'T THERE'S NO LAWS ON THE BOOKS SAYING THAT WE HAVE TO DO ALL THIS.

SO LIKE I'M A SECOND ERIC ON THAT. HOW MANY TIMES HAVE WE GOT TO COME UP HERE AND, YOU KNOW, BITCH AND COMPLAIN ABOUT IT UNTIL SOMETHING ACTUALLY HAPPENS? THAT'S ALL I GOT. THANK YOU. MOLLY, CAN YOU GO BACK TO THE PODIUM, PLEASE? I'VE GOT QUESTIONS. BUT COUNCIL, DO YOU HAVE YOU WANT TO START? ANY QUESTIONS FOR MOLLY? I'M CURIOUS ABOUT ONE THING HERE.

MAYBE YOU COULD HELP. SO IT SAYS FAN SPEED LIMITS MAY NEED TO BE ADJUSTED IN THE FUTURE TO DEAL WITH INCREASED AMBIENT TEMPERATURES.

OR COURT DISPATCH NEEDS TO MANAGE THE GRID. WHAT ARE YOUR CONSEQUENCES FOR NOT MEETING ERCOT'S NEEDS? I'M GOING TO CALL UP KEN MCINTYRE TO HELP ME WITH THIS OPERATIONAL KIND OF BASE QUESTION, IF THAT'S OKAY.

IS THAT ALL RIGHT? COUNCIL. OKAY. YEAH. KEN MACINTOSH, SENIOR VP OF OPERATIONS AND PERFORMANCE.

THERE'S NO ULTIMATE CONSEQUENCE, RIGHT? SO BUT PART OF OUR OBLIGATION IS TO SERVE TEXAS AND THE POWER.

[01:15:01]

WE DO NEED TO MAKE OURSELVES AVAILABLE UNDER EMERGENCY CONDITIONS.

SO THAT'S ONE THING WE ARE OBLIGATED UNDER THE PUC.

RIGHT. AS A REGISTERED ENTITY. SO WE DO HAVE TO MAKE OURSELVES AVAILABLE.

WE'D HAVE TO GIVE REASONS AS TO WHY WE'RE UNAVAILABLE.

BUT THERE'S NO CONSEQUENCE IF YOU DON'T. IF YOU DON'T DISCHARGE THE FACILITY.

THE FACILITY RAPIDLY IN THE HEAT OF THE SUMMER, THUS RUINING YOUR FANS AT HIGH SPEED.

THERE'S NO CONSEQUENCE. LIKE NOBODY'S GETTING FINED OR GOING TO PRISON. WE DO.

WE DO GET PENALTIES FOR NOT FOLLOWING THEIR DISPATCH.

SO WHEN WE'RE AVAILABLE THERE. DISPATCHES. IF WE DON'T FOLLOW THE DISPATCH, WE GET PENALTIES.

WELL, YOU SAID YOU SAID YOU WEREN'T AWARE OF THERE BEING ANY PENALTIES.

SO WHICH ONE? THAT'S A DISPATCH PENALTY. THERE IS A PENALTY FOR THAT.

YES. AND WHAT DOES THAT LOOK LIKE? WELL IT'S BASED ON MARKET PRICING.

BUT IF THE MARKET PRICES ARE HIGHER THE CAP IN AN EMERGENCY SITUATION THEN WE'LL GET PENALIZED BASED ON THAT CAP PRICE WHICH GOES UP TO $5,000 A MEGAWATT.

SO SO THERE'S BIG PENALTIES IF WE'RE ON THE GRID AND WE'RE AVAILABLE AND WE DON'T FOLLOW DISPATCH.

THAT'S THAT'S THE PENALTY IS BASED ON THAT PRICING.

AND ERCOT IS CONSTRUCTED UNDER A MARKET PRICE SPOT PRICE SYSTEM.

SO. SO YOU'RE PENALIZED IF YOU DON'T MAINTAIN PROFITABILITY. NO, WE'RE PENALIZED IF WE DON'T FOLLOW DISPATCH.

SO BUT BUT DON'T YOU MAKE MONEY BY STORING ENERGY IN THE DISCHARGING THE FACILITY RIGHT UNDER EMERGENCY CONDITION CAN DISPATCH YOU MANUALLY.

THEY CAN LITERALLY CALL YOUR CONTROL CENTER AND SAY REGARDLESS OF PRICE.

YOU HAVE TO GO TO THIS MEGAWATT OUTAGE IF YOU'RE AVAILABLE AND YOU'VE GOT CAPACITY TO SERVE.

THAT'S WHAT THEY'LL DO. OKAY. IT'S IT'S WITHIN THE PROTOCOLS.

IT'S CLEARLY STATED IN THEIR RULES, WHICH IS GOVERNED BY THE PUC T OF TEXAS.

SO THANK YOU. ANY FOLLOW UP ON THAT? ANY OTHER QUESTIONS? OKAY. I WANT TO ASK YOU, YOU MENTIONED MADE SOME COMMENTS ABOUT LIGHTING.

I GUESS FIRST OFF, HOW MANY MEETINGS DID YOU HAVE WITH THE HERITAGE OAKS RESIDENTS SINCE, SINCE THE JANUARY, SINCE JANUARY. YOU HAD THE ZOOM TWO AND THEN IN PERSON IN PERSON AND THEN ZOOM.

YES. OKAY. BUT I DON'T THINK WE HAD GREAT ATTENDANCE ON THE ZOOM MEETING.

I THINK IT WAS CLARA AND MAYBE AND THEN LANCE.

YEAH. OKAY. ON THE LIGHTING, YOU SAID YOU HAVE A PLAN FOR A SPRING FIX, BUT DO YOU HAVE A DATE THAT IT WILL BE COMPLETED BY? DO YOU HAVE. I'M NOT SURE. JUST SAYING. SPRING FIX.

I'D LIKE TO UNDERSTAND WHAT THE DATE IS FOR THAT.

YEAH, I SORRY, THERE'S A LOT OF US HERE INVOLVED IN THIS.

YEAH. WE DON'T WE DON'T HAVE A SPECIFIC DATE. WE HAVE TO WORK WITH THE TRANSMISSION COMPANY BECAUSE IT'S A RATHER BIG OUTAGE. SO WE HAVE TO COORDINATE WITH THE TRANSMISSION SIDE SO WE CAN HAVE THE CORRECT ELECTRICAL SAFETY DISTANCES SO THE WORKERS CAN GET UP THERE.

SO IT'S A MATTER OF WORKING CLOSELY. DO YOU HAVE.

I MEAN KEITH'S HERE. DO WE HAVE A DATE? THERE'S NOTHING SCHEDULED.

BUT DO YOU HAVE ANY GUARANTEES THAT IT'LL BE DONE BY A CERTAIN DATE? TALKING ABOUT BEFORE JUNE 22ND. OR WE CAN FOLLOW UP ON YOU AS SOON AS WE GET AN APPROVED OUTAGE SCHEDULED.

I DON'T SEE ANY REASON WHY IT SHOULDN'T BE. SO WE'RE ACTIVELY SCHEDULING THAT NOW.

SO AS SOON AS WE GET A DATE AND COORDINATE WITH THEM, WE'LL WE'LL LET THE RESIDENTS KNOW AND LET YOU KNOW AS WELL.

BUT THERE'S NO REASON WHY WE CAN'T WE WANT TO GET IT DONE BEFORE SUMMER, BECAUSE GETTING AN OUTAGE IN SUMMER WOULD BE EVEN HARDER TO DO. IS IT SIMILAR TO A PLANT TURNAROUND AT THE CHEMICAL PLANTS? OFFLINE CLEANING.

MAKING IT PRETTY. THAT'S CORRECT. SO THEY'LL HAVE TO ISOLATE, MAKE IT ELECTRICALLY SAFE.

AND THAT DISCONNECTS OUR STORAGE FACILITY FROM THE GRID SO WE CAN HAVE THOSE CLEARANCES.

BUT YES, IT'S A, IT'S A FULL SITE OUTAGE. AND YOUR EXPECTATION IS THAT IT WOULD TAKE TWO WEEKS, TWO MONTHS, TWO YEARS. OH NO, NO, TO, TO, TO DO THE WORK.

NO, NO, WE SHOULD GET IT DONE BY NEXT COUPLE OF MONTHS.

SO IT'LL BE DONE BY THIS JUNE FOR SURE. HOW LONG DOES IT LAST? OH, LIKE YOU START ON TUESDAY. ONE DAY. ONE DAY.

I'M SORRY. I'M SORRY I MISUNDERSTOOD THE QUESTION. 24 HOURS. YEAH, IT'LL JUST BE A DAY OUT EACH. MAYBE.

I'D CAVEAT THAT MAYBE IT'S TWO DAYS. COULD THEY DO ONE LIGHT AND THEN THE NEXT DAY DO THE NEXT? SO IT SHOULDN'T BE A WEEK? NO, NO. THANK YOU.

OKAY. OKAY. I'LL JUST CLARIFY ONE THING. OH, THE REASON WHY IT WAS EASIER FOR US TO DO THE LIGHTS ON THE LIGHTNING ARRESTER IS IT'S OUT. IT'S IN OUR FACILITY. THIS H FRAME IS. I THINK IT'S TECHNICALLY OWNED BY T N M P.

[01:20:03]

AND SO WE HAVE TO TAKE AN OUTAGE THAT AFFECTS THE UTILITY OR COORDINATE WITH THEM.

OH, OKAY. GOT IT. OKAY. YOU MENTIONED CHANGING THE WALLS.

WHAT WOULD YOU WHAT DOES THAT LOOK LIKE? WHAT ARE WE WHAT ARE YOU REFERENCING? TALLER. FURTHER BACK. WHAT ARE WE WHAT ARE WE TALKING ABOUT? SO IN 2024, WE INSTALLED A SOUND WALL ALONG THE NORTH AND EAST WALL PERIMETER OF THE PROJECT.

THEY'RE REALLY CLOSE UP AGAINST THE BATTERY. SO THEY'RE ACTUALLY WITHIN THE PERIMETER WALL. A LOT OF YOU KNOW, TALK HAS BEEN CAN CAN YOU INSTALL MORE SOUND WALL? CAN YOU EXTEND THOSE BUFFERING WALLS THAT ARE BAFFLED AND ENGINEERED TO KIND OF BUFFER SOME OF THE SOUND AND ABSORB IT BEFORE IT GETS OUTSIDE THE PERIMETER OF THE FACILITY? THE ISSUE WITH THAT, THAT WE'RE EXPERIENCING AND TALKING WITH OUR ENGINEERING TEAM IS IF WE WERE TO EXTEND THAT SOUND WALL IT WOULD BE ON THE WEST. AND THAT'S THE ONLY PLACE THAT WE HAVEN'T PUT IT OTHER THAN THE SOUTH AND WE'RE NOT GETTING ANY COMPLAINTS FROM, FROM THE SOUTH. HOWEVER, WE DON'T HAVE ENOUGH SPACE TO DO THAT AND MAINTAIN OUR ACCESS ROAD FOR THE FIRE DEPARTMENT VEHICLES.

AND SO WE'RE TRYING TO BALANCE BETWEEN BEING TOO COLD FOR THE FIRE DEPARTMENT ACCESS AND, ADDING THAT WALL EXTENSION ON THE WESTERN SIDE. THAT WOULD LIMIT SOME OF THE SOUND FROM GOING TO THE WEST.

SO YOU CAN SEE THE, THE SECONDARY WALL THERE PRETTY CLEARLY ON THE NORTH AND THE WALL.

ARE WE TALKING ABOUT THIS WALL? OH, SORRY. YEAH.

THAT'S THE NORTH WALL. YEAH. BUT ON THE NORTH, ON THE WEST SIDE OF THAT WALL THERE, THAT'S WE'RE LOOKING BECAUSE I KNOW THAT IMPACTS THE BOX RESIDENCE VISUALLY IN THE SOUND. SO THAT'S THE AREA WE'RE LOOKING AT A PROPOSAL.

YOU RAISED THIS ONE AND YOU RAISED THIS ONE. OH, WE DIDN'T, WE DIDN'T RAISE THEM.

WE ACTUALLY ADDED. YEAH, THAT WAS THE OLD WALL, RIGHT? SOMETHING LIKE THAT. THAT'S THE NEW WALL ACTUALLY.

OH, THAT'S THE NEW ONE. YEAH. THAT'S RIGHT. IT'S ACTUALLY INSTALLED IN BETWEEN THE BATTERIES AND THE PERIMETER WALL THAT IS STILL AROUND THE WHOLE THE WHOLE FACILITY.

OKAY. SO WE'RE LOOKING TO REPLICATE THAT ON THE NORTH WEST SIDE SOMEHOW.

BUT AGAIN, THERE'S THE CHALLENGES THAT MOLLY WAS OUTLINING WAS, YEAH, THE ACCESS FOR THE FIRE DEPARTMENT AND THE OTHER SIDE.

AND THE OTHER THING WAS WE GOT SOME FEEDBACK.

I THINK MOLLY SAID THIS IN THE PRESENTATION, BUT WHEN WE'RE DISCUSSING WITH THE NEIGHBORS THAT THE WALL MIGHT NOT HAVE BEEN AS EFFECTIVE AS WE HOPED. SO WE DON'T WANT TO WE WANT TO BE REAL CAUTIOUS.

LIKE IF WE'RE GOING TO DO SOMETHING, WE WANT TO MAKE SURE IT HAS THE DESIRED OUTCOME OUTCOME THERE. SO AND WHAT'S THE MATERIAL IN THE NORTH WALL THAT YOU ADDED? IS IT JUST CONCRETE? IT'S ACTUALLY WHICH IS A LITTLE DISAPPOINTING.

IT'S ACTUALLY DESIGNED TO HELP SOUND RESTRICTIONS.

SO THE MATERIAL IS ACTUALLY A SOUND DAMPENING MATERIAL.

SO IT WAS SPECIALIZED. WE GOT A SPECIAL ENGINEERING DESIGN.

SO IT'S HARD TO IT'S UNFORTUNATE THAT IT'S NOT HAVING THE EFFECT WE WANTED TO BECAUSE IT WAS ACTUALLY DESIGNED FOR THAT PURPOSE.

HOW TALL AND HOW DEEP AND HOW TALL IS THAT? EIGHT 18FT.

18FT. I GUESS IT'S. YEAH. YEAH. IT'S LIKE REESE'S BOXES IN THEM TO REFLECT THE SOUND SO THAT IT'S. A BIG WALL. OKAY.

IN THE DRAWINGS PRESENTED TO US, IT'S SURROUNDED THE ENTIRE FACILITY, AND THAT'S NOT WHAT THEY BUILT.

OH, YEAH. I THINK THE PERIMETER WALL AND THE EIGHT FOOT TALL PERIMETER WALL IS SURROUNDING THE ENTIRE FACILITY.

OH SORRY, I CAN'T SEE IT UP THERE, BUT. YEAH.

OKAY. YEAH, I WHERE IS THAT? THIS WAS IN OUR AGENDA PACKET ON.

MARCH 26TH, 2024. IN THE FENCE PERMIT WHENEVER WE GRANTED THE SVP.

OKAY. THAT'S WHY WE WERE SO SURPRISED WHEN IT WAS L SHAPED AND NOT A SQUARE.

OKAY, WE'RE GOING TO HAVE TO LOOK BACK AT THAT.

I BELIEVE YOU AND EVERYTHING, BUT WE'RE GOING TO HAVE TO GO LOOK BACK AT WHY WHY IT WAS PRESENTED THAT WAY.

AND. THE DESIGN NOT ENDING UP THAT MAYBE WE DID FIND THAT RESTRICTION

[01:25:02]

ANYBODY ELSE IN THE TEAM HAVE ANY RECOLLECTION OF THE HISTORY? NO. GO AHEAD. CAN YOU EXPLAIN THE FIRE DEPARTMENT ACCESS? BECAUSE I'M JUST CONFUSED. BECAUSE I THOUGHT THE ONLY WAY IN WAS I THINK.

WELL FIRST TO ADDRESS THE, THE INITIAL, I THINK CONCEPTUAL DRAWING, I'M NOT SURE WHEN IN, IN THE PHASE THAT, THAT WAS DELIVERED, I KNOW THERE WAS ALSO A PRESENTATION THAT DOES HAVE THE L SHAPED ARRANGEMENT THAT WAS PRESENTED TO PLANNING AND ZONING THAT WASN'T PRESENTED TO US. OKAY. I'LL HAVE TO, TO LOOK BACK TO SEE.

I'VE GOT NO RECOLLECTION AND CAN'T, CAN'T STATE TO WHY.

IT WAS PRESENTED IN A DIFFERENT ARRANGEMENT TO YOU GUYS SEPARATELY.

AND THEN REGARDING THE, THE, THE ACCESS. SO I MEAN, YOU CAN SEE THE VEHICLE PATHWAYS DO LOOP AROUND THE NORTHWEST AND YEAH, THE NORTHWEST AND SOUTHWEST PERIMETERS.

SO THAT'S SOMETHING I DON'T THINK IS INFEASIBLE TO OVERCOME, BUT MORE LIKE POIGNANTLY, WE WANT TO MAKE SURE THAT IF WE EXPLORE THAT FURTHER, IT'S ACTUALLY DOING WHAT IT'S INTENDED TO DO, WHICH IS REDUCE THE NOISE.

WHICH I THINK TO MOLLY'S POINT ON THE BOTTOM OF THE SLIDE, MAY BE OUR BEST SOLUTION IN PROVIDING THAT REDUCTION IN IMPACT TO THE NEIGHBORS IS ACTUALLY THROUGH OPERATIONAL IMPACTS, MORE SO THAN A A SOUND BARRIER, AN ADDITIONAL SOUND BARRIER.

YEAH. CLAIRE, I THINK THAT THAT IS THE ACCESS POINT THAT YOU'RE TALKING ABOUT, BUT IT'S BEING ABLE TO THEN MOVE MANEUVER AROUND THE SITE SO THEY CAN HAVE ACCESS TO, YOU KNOW, IN THE UNFORTUNATE CASE, YOU KNOW, SOME THERMAL ACTIVITY THAT THEY CAN GET WHERE THEY NEED TO BE.

RIGHT. SO WE, WE WORK VERY CLOSELY WITH THE FIRE DEPARTMENT.

WE DO THIS AT ALL OUR SITES. WE DO ANNUAL TRAINING.

WE HAVE AN EMERGENCY RESPONSE PLAN THAT'S REVIEWED AND UPDATED EVERY YEAR.

WE GET THEM ON SITE. BY WHO? WE USE A THIRD PARTY WHICH IS YOUR ENERGY SAFETY RESPONSE GROUP? I KNEW THE ACRONYM. I JUST DIDN'T KNOW THAT. YEAH.

AND WE WORK WITH ANGLETON. YEAH. WITH ANGLETON FIRE UP THEIR FORMER FIRE CHIEFS LIKE INDUSTRY EXPERTS.

SO THEY REVIEW OUR PLAN. THEY COME TO SITE, THEY WORK WITH THE FIRE DEPARTMENT, THEY WALK THROUGH, THEY ADJUST THE PLAN BASED ON FEEDBACK. SO THAT'S DONE EVERY YEAR AS WELL.

SO AND AGAIN, THAT'S WHY WE WANT TO MAKE SURE THAT IF WE'RE GOING TO DO ANY DESIGN MODIFICATIONS, ANYTHING, WE WANT TO MAKE SURE WE RUN THAT EMERGENCY RESPONSE PLAN THROUGH THE FIRE DEPARTMENT, MAKE SURE THEY'RE COMFORTABLE IN THIS IN THIS GROUP AS WELL.

ONE ADDITIONAL NOTE ON THE ACOUSTIC FENCE I JUST SAW ON THAT CONCEPTUAL DRAWING, IT WAS NOTED AS AN ACOUSTICAL FENCE IN THE EARLY DAYS OF US DESCRIBING WHAT THE POTENTIAL PLAN WAS. THAT WAS BEFORE THAT, IT WAS FULLY ENGINEERED TO NOTE THAT WE ACTUALLY NEEDED A NOISE BARRIER.

SOUND WALL AT THIS POINT IN TIME. AN ACOUSTIC FENCE WAS BEING CONSIDERED.

IT WAS EVEN LOOKING AT LIKE WHAT YOU SEE AT TENNIS.

TENNIS FACILITIES WITH PADDED INSULATION AND THERE WERE CONCERNS AROUND THE THE MATERIALS BEING USED.

SO THIS WAS LIKE AN EARLY RENDERING OF, OF A POTENTIAL SOLUTION AS MY EXPLANATION TO THAT.

YEAH. WHEN Y'ALL CAME TO US, YOU HAD A SOUND EXPERT FROM DUDICK.

BLESS YOU, MARK STORM. Y'ALL CAME TO US IN, LET'S SEE IN MARCH. AND HE WAS VERY CONFIDENT THAT THE FENCE WOULD HELP BASED ON HIS YEARS OF EXPERTISE.

HOWEVER, SIX MONTHS PRIOR TO COMING TO US, HE WAS PART OF AN ARTICLE WRITTEN BY DUDEK OF HOW TO REDUCE NOISE FROM BATTERY ENERGY STORAGE SYSTEMS, WHERE HE WAS QUOTED SAYING.

ONE SECOND. OUR APPROACHES SURPASS THE CONVENTIONAL BUILD A WALL RECOMMENDATION TO EFFECTIVELY ADDRESS NOISE ISSUES. YET THAT WAS HIS RECOMMENDATION.

IN THIS ARTICLE, THERE ARE MULTIPLE OPTIONS AND THAT THE BEST WAY IS TO IMPOSE ALL OF THEM.

[01:30:08]

ADDITIONAL LOCAL BARRIERS THAT ARE ACTUALLY AROUND THE FANS OPERATING THE FANS AT 50% AND THE WALL THAT WE HAD INSTALLED.

THAT SOUNDS THAT SOUNDS LIKE WE FOLLOWED SOME OF THOSE RECOMMENDATIONS THAT MARK'S QUOTED IN THAT ARTICLE.

AND I THINK WE ARE LOOKING AT FURTHER SOLUTIONS OR FURTHER OPTIONS FOR, I THINK THE ONE THAT WE HAVEN'T IMPLEMENTED OF A DEVICE ON TOP OF THE FANS. THAT'S, THAT'S A PARTICULARLY INTERESTING ONE.

HOWEVER, WE'RE IN DIRECT CONTACT WITH THE ORIGINAL EQUIPMENT MANUFACTURER ABOUT THE OPTION FOR DOING THAT.

HOWEVER, WHAT THEY'VE TOLD US SO FAR AND WE'VE ASKED THEM TO TO RECONSIDER THIS, WE'RE STILL IN TALKS AND DIALOG WITH THEM.

THEY'RE AWARE OF THIS ISSUE. IS THAT RIGHT NOW THEY DON'T HAVE A OBJECT OR A PRODUCT MODIFICATION THAT WOULD NOT VOID THE WARRANTY ON THE BATTERIES.

SO SHOULD WE, WE, WE CAN'T ADD ANY PRODUCT TO THE BATTERIES THAT WILL VOID THEIR WARRANTY.

WITH THE ORIGINAL EQUIPMENT MANUFACTURER FOR A WHOLE HOST OF REASONS, THAT'S JUST NOT A POSSIBLE STEP WE CAN TAKE.

BUT WE'RE WORKING WITH THEM ACTIVELY TO TRY AND UNDERSTAND IF THEY COULD HELP US CHANGE THAT IN THE FUTURE.

WHAT I'M MOST DISAPPOINTED WITH IS THAT YOU KNEW FROM THE VERY BEGINNING THAT THESE WERE NOISY EQUIPMENT.

PRIOR TO COMING TO US. YOU WERE 100% IN KNOWLEDGE.

AND YOU KNEW THAT THERE WERE OPTIONS TO REDUCE NOISE.

AND EVERY TIME YOU COME, IT'S A SURPRISE. OH, THIS IS SOMETHING WE COULD DO.

NOW YOU'RE TALKING ABOUT DOING IT. AND THEN THE LIST OF THINGS THAT YOU HAVE LISTED THAT Y'ALL ARE NOW GOING TO DO.

I'M GLAD YOU LISTED IT BECAUSE IT HIGHLIGHTS EVERYTHING THEY'VE VIOLATED IN OUR SOP.

ALL OF THIS SHOULD HAVE BEEN DONE SIX YEARS AGO. I HEAR YOUR CONCERN, I REALLY DO. I THINK THAT THE ORIGINAL S U P WAS INSTATED BACK IN 2022.

2020 2020, WE WERE OPERATING OFF OF NOISE MODELS AND DATA THAT WAS PROVIDED BY THE ORIGINAL EQUIPMENT MANUFACTURER ABOUT WHAT THE FACILITY WOULD PRODUCE, WHICH ALL IS LOUD AND 85DB, 70DB. ONE OF THE STUDIES THAT YOU SHARED FROM DUDEK ON A CALIFORNIA PLANT ACTUALLY DIDN'T MEET THE CRITERIA FOR THAT COUNTY BECAUSE IT WAS 53DB.

OKAY. I, I WAS NOT AWARE OF WHAT REPORT THAT IS, BUT IT'S ONE THAT YOU SENT OUR CITY MANAGER, JOHN SHAUN. ERIC. OKAY. I CAN ADDRESS IT. SO WHAT HAPPENED DURING THAT PERIOD OF TIME? SO FIRST THERE IS A MODEL STUDY DONE BY DUDEK AND THE ORIGINAL EQUIPMENT MANUFACTURER ABOUT WHAT THE THE THE FACILITY IS EXPECTED TO PRODUCE. THE CITY OF ANGLETON WAS GIVEN THAT REPORT AND REVIEWED IT.

THAT REPORT ACTUALLY WAS USED TO MODIFY AND CREATE THE STIPULATION THAT WAS PUT IN THE S U P.

I KNOW THAT THE, THE, THE, THE NUMBER 40DB IS KIND OF IN PEOPLE'S MIND BECAUSE THAT WAS IN SOME OF THE ORIGINAL TOWN HALL PAMPHLETS. YES. THAT WAS SENT ALONG WITH THE FIRST TIME WE HAD A PUBLIC HEARING BEFORE PLANNING AND ZONING, IT WAS IN THE MATERIALS AND THEN THAT THAT SLIDE DECK WAS ATTACHED TO THE ORDINANCE.

THE, THE SUV. SO BUT IN BETWEEN WHEN THAT PRESENTATION WAS GIVEN AND THE S P SNP WAS ACTUALLY WRITTEN WITH THOSE

[01:35:09]

WE REALIZED THAT THAT ONE NUMBER, THE 40DB, WAS JUST STRAIGHT OFF A SPEC SHEET OF ONE BATTERY PACK.

AND THAT LOOKING AT THE AGGREGATION OF MULTIPLE PACKS, THERE WOULD BE SOME COMPOUNDING OF NOISE.

AND THAT'S WHY THE NUMBER 40DB DIDN'T END UP AS A STIPULATION.

WE REALIZED THAT WE NEEDED TO LOOK AT THE AMBIENT NOISE, WHAT WAS ALREADY THERE, WHAT'S ALREADY THERE IS OFTENTIMES LOWER OR EXCUSE ME, LOUDER THAN 40DB. SO IT WOULDN'T MAKE SENSE TO.

WE REALIZED IT WOULDN'T MAKE SENSE TO LIMIT THE FACILITY NOISE TO UNDER THE AMBIENT NOISE, BECAUSE THAT IS IMPOSSIBLE FOR US TO TAKE AWAY NOISE THAT'S ALREADY THERE.

AND SO THAT IS WHY THE STIPULATION WAS WRITTEN AS IT AS IT WAS IN THE SDP BASED ON THE MODELED NOISE COMING OFF THE FACILITY.

THEN AN AMBIENT NOISE STUDY WAS CONDUCTED AND ALSO REVIEWED BY THE CITY.

IN, IN A, IN A THEREAFTER SUBMISSION THAT WAS GIVEN TO THE DEPARTMENT OF DEVELOPMENT SERVICES.

JORGE CHOUINARD, HDR CONSULTING AND THE CITY OFFICIALS REVIEWED THAT.

AND THAT WAS A STIPULATION, I BELIEVE ALSO BY THE CP THAT WE WOULD CONDUCT THAT AMBIENT NOISE STUDY AND THAT THE CITY WOULD AGREE ON WHO WOULD PERFORM THE STUDY.

THOSE REQUIREMENTS WERE MET, AND THAT WAS GIVEN TO THE CITY TO REVIEW.

AND THE STIPULATION STOOD AS IT IS, WAS DRAFTED.

DURING THE AMBIENT NOISE STUDY WAS THE SAME FILTERS PUT ON AS THE FILTERS THAT ARE PUT ON FOR SUBSEQUENT STUDIES.

CAN YOU CLARIFY WHAT THE STUDIES THAT YOU ALL HAVE DONE SO FAR SPECIFICALLY POINT OUT THAT THERE ARE CERTAIN THINGS DONE TO ADJUST FOR NOISES. YEAH, IT'S THE SAME PROCESS, SAME CALCULATION, SAME METHODOLOGY.

AND I THINK THAT'S AN IMPORTANT POINT ACTUALLY.

THANK YOU FOR RAISING IT, IS THAT WE'RE TRYING TO REALLY ADHERE TO EXACTLY THE SAME CALCULATION AND METHODOLOGY THAT WAS DONE IN THAT AMBIENT STUDY IN OUR STUDIES TODAY.

SO WE MAKE SURE TO DO THAT. YES. AND ONE THING I WANT TO HIGHLIGHT IN OUR SGP, IT SAYS THE SOUND LEVEL EMITTED FROM THE ENERGY STORAGE PARK SHALL BE NO LONGER LOUDER THAN THE AVERAGE AMBIENT NOISE LEVEL PRIOR TO THE INSTALLATION OF THE PROJECT.

MEASURED AT 100FT FROM THE PROJECT OUTSIDE THE PARCEL BOUNDARY AND THE NEAREST EXISTING RECEPTOR.

IT'S NOT SAYING THAT THE ENERGY PARK SHALL BE NO LONGER LOUDER THAN.

LIKE THE AVERAGE NOISE COMING FROM IT SHALL BE NO LOUDER THAN AVERAGE AMBIENT.

IT'S SAYING THAT YOUR ENERGY PARK SHOULD BE ANY LOUDER THAN THE AVERAGE AMBIENT THAT WAS CALCULATED PRIOR TO ITS STARTING.

YEAH, I, I THINK OUR, OUR, WE'RE RELYING ON THE INDUSTRY EXPERTS, WE'RE RELYING ON THE NOISE EXPERTS TO TELL US, YOU KNOW, WHAT THE BASELINE IS AND HOW THAT SHOULD BE SET.

THE CALCULATION METHODOLOGY OF THE STUDY, I CAN'T REALLY COMMENT ON THAT.

OUR INTERPRETATION IS THAT AN AVERAGE WAS MEASURED.

THERE WAS, I DON'T KNOW WHAT THE INSTANTANEOUS THE MAXIMUM INSTANTANEOUS AMBIENT NOISE IN A 24 HOUR PERIOD DURING THAT PERIOD WAS AT THE TIME.

BUT YOU'RE KIND OF COMPARING APPLES TO ORANGES.

IF IT'S COMPARING INSTANTANEOUS NOISE TO AN AVERAGE OR AVERAGE INSTANTANEOUS.

SO WE APPROACH THINGS THAT WE WERE TRYING TO LOOK AT THINGS APPLES TO APPLES, AVERAGES TO AVERAGES, INSTANTANEOUS. INSTANTANEOUS. IT STILL SAYS THAT IT SHOULDN'T BE LOUDER THAN THE AVERAGE.

IT'S NOT SAYING THAT THE AVERAGE NOISE COMING FROM YOUR FACILITY.

I UNDERSTAND THAT'S. WANT ME TO WAIT IN? CUT TO THE CHASE, PLEASE, GRADY.

OKAY. THERE ARE TWO WAYS THAT I SEE THIS PROBLEM.

LISTENING TO EVERYBODY HERE. CAN YOU HEAR ME? OKAY. THERE IS A CLASSIFICATION PROBLEM. IS IT AN S, AN ENERGY STORAGE SYSTEM, OR IS IT A GENERATOR? IS IT A SUBSTATION? IS IT A TRANSMISSION LINE? BECAUSE THAT'S WHAT THE S U, P WAS GRANTED ON OR AND THAT'S THE CLASSIFICATION.

SO IF IT'S THE WRONG CLASSIFICATION THE S U P GOES OUT THE DOOR AND I'LL EXPLAIN THE CONSEQUENCES OF THAT.

THE OTHER ISSUE IS IS IT COMPLYING WITH THE S U P IS IT MEETING?

[01:40:01]

IS IT MEETING THE AVERAGE AMBIENT NOISE? PRIOR TO THE PLAN? IT'S LIKE WELL, WE'RE DOWN HERE IN RICE FIELDS AND STUFF.

IT'S LIKE YOU CAN'T FLOOD YOUR NEIGHBOR. IT'S.

YOU CAN'T MAKE IT WORSE. YOU BY WHATEVER YOU DO ON YOUR LAND.

SO LET'S TAKE THE FIRST. SO WHAT HAPPENS IF THE CITY REVOKES THE SUV? YOU THINK THEY'RE GOING TO STOP OPERATING? I LOOKED UP THE TAX VALUE.

WELL, I COULDN'T GET ON BKAT BECAUSE THEY'VE BEEN DOWN FOR TWO WEEKS.

BUT I LOOKED UP THE VALUE OF THE PLANT. IT'S CURRENTLY, THEY PAY TAXES ON $29 MILLION WORTH OF PERSONAL PROPERTY.

THE BATTERY PLANT. SO THEY COULD SIMPLY IGNORE YOU BASED ON THE REJECTION OF THE S U P.

SO ARE YOU GOING TO GO FILE A TEMPORARY INJUNCTION? WOULD YOU FILE IT IN ANGLETON DISTRICT OR BRAZORIA DISTRICT COURT? BECAUSE I CAN ALMOST GUARANTEE IT WILL BE REMOVED TO FEDERAL COURT.

THE FEDERAL COURT IN THIS COUNTY IS IN GALVESTON.

SO YOU'RE GOING TO HAVE EITHER JUDGE BROWN OR YOU'RE GOING TO HAVE MAGISTRATE ANDY EDISON, WHO I KNOW, WHO I WORKED WITH IN A PRIOR LIFE.

SO THEN IF YOU GO FOR A TEMPORARY INJUNCTION TO HAVE THEM SHUT DOWN THE BATTERIES.

YOU'RE GOING TO HAVE TO SHOW A LIKELIHOOD OF SUCCESS ON THE MERITS AND IRREPARABLE ENERGY.

I UNDERSTAND YOUR FRUSTRATIONS. I AM GRUMPY WHEN I DON'T GET MY SLEEP.

AND IF YOU CAN'T SLEEP, YOU CAN'T SLEEP BECAUSE OF THE ANGRY BEES NOISE I'VE HEARD.

I'VE HEARD YOUR CELL PHONES. WHEN YOU'VE COME UP HERE AND AND DONE THAT.

BUT WHAT PROOF DO YOU HAVE? DOES THE CITY HAVE? IT WAS MISCLASSIFIED. YOU'VE GOT AMBIENT AMBIANCE, AMBIENT GAMUTS.

DANG IT. SELF CERTIFICATION WHERE THEY SAY THEY'RE AN EXEMPT WHOLESALE GENERATOR.

WELL, THAT IS A REGULATORY SLEIGHT OF HAND, FRANKLY, BECAUSE YOU GET YOUR YOU'RE ELIGIBLE AND YOU GET CREDITS AND YOU GET BIGGER PROFITS AND ON AND ON AND ON. IN THEIR FILING, IT SAYS THEY ARE A THEY'RE COMPRISED OF BATTERY MODULES.

THEY'RE A BATTERY STORAGE FACILITY. THEY EVEN SAY AS A BATTERY ENERGY STORAGE SYSTEM, THE FACILITY DOES NOT GENERATE ELECTRIC ENERGY. IT'S NOT. THE COMMISSION HAS FOUND THAT BATTERY STORAGE FACILITIES CAN QUALIFY AS AN ELIGIBLE FACILITY FOR PURPOSES OF AN ELECTRICAL GENERATING STATUS. SO THEIR SELF FILING HAD THE CAVEATS IN IT.

SO WHAT LIKELIHOOD DOES THE CITY HAVE THAT THIS WAS MISCLASSIFIED? MUCH LESS IRREPARABLE INJURY. I'M NOT MAKING LIGHT OF OF Y'ALLS DISCOMFORT ANNOYANCE FRUSTRATION WITH THE SOUND. BUT TO ENFORCE ON THE ON THE REGULATORY SIDE, AS OPPOSED TO JUST SIMPLY JERKING THE S U P YOU NEED BULLETS. YOU NEED PROOF. YOU NEED A EXPERT TO COUNTER THEIR EXPERT AND YOU NEED A 24 SACHSE.

JUST LIKE COUNCILMAN SARTIN SAID, YOU NEED SOMETHING MORE THAN A $50 METER BOUGHT OFF AMAZON.

ACTUALLY, I THINK IT'S ACTUALLY $1,500, BUT IT'S STILL A HANDHELD DEVICE.

IT'S A HANDHELD DEVICE. YOU NEED AN EXPERT DOING 24 OVER SEVEN 365.

SO YOU CAN TELL WHEN THIS HAPPENS. NOT A SNAPSHOT.

YOU NEED A MOVIE. SO IN AN INVERSE CONDEMNATION OR IN THIS CASE A REGULATORY TAKING BECAUSE YOU'VE SHUT OFF THE PLANT, YOU OWE THEM THAT INVESTMENT AT BEST. WELL, AT WORST INVESTMENT BACKED EXPECTATIONS, THEIR PROFIT OVER THE LIFE OF THE PLANT OR THE VALUE OF THE PLANT. SO DO YOU ALL HAVE A SPARE 29 MILLION AND YOU WRITE A CHECK FOR IT? AND HOW HIGH WOULD YOU HAVE TO RAISE TAXES IF YOU JERK THE S U P? SO I'M TELLING YOU THE BEST, AND I'M TRYING TO STAY JUST THIS SIDE OF ATTORNEY CLIENT PRIVILEGE IN AN OPEN SESSION.

BUT THE BEST THING IS TO ENFORCE THE CURRENT S U P AS YOU HAVE IT, BECAUSE THERE IS PLENTY OF CASE LAW ON HOW THE COUNCIL DID THIS. WHETHER YOU AGREE WITH THEM OR NOT, WHETHER YOU LIKE OR DISLIKE THE CURRENT MAYOR OR THE FORMER MAYOR OR ANY MAYOR. BUT WHAT YOU HAVE WRITTEN IS WHAT YOU HAVE WRITTEN.

[01:45:04]

I AGREE WITH YOU, COUNCIL MEMBER DANIEL I DO, AND IT IS EVIDENCE OF IF IF YOU CAN PROVE IT THERE ABOVE THE AMBIENT NOISE THAT IS A REMEDY THAT THEY COULD HAVE DONE IF THEY DIDN'T DO.

BUT FIGHTING THIS IN FEDERAL COURT IN GALVESTON COUNTY WITH TRYING TO PROVE LIKELIHOOD OF SUCCESS ON THE MERITS PLUS IRREPARABLE INJURY. WHAT INJURY HAVE YOU ALL HAD? THAT IS UNREPAIRABLE. RISK OF FUTURE INJURY. WELL NO NO NO NO.

CASE LAW IS IT'S IRREPARABLE INJURY AT THE TIME OF THE PRELIMINARY INJUNCTION.

I KNOW YOU'VE BEEN BOTHERED. I KNOW YOU'VE BEEN AGGRAVATED, AND YOU'RE PROBABLY REALLY MAD AT ME RIGHT NOW.

BUT WHAT IS YOUR HARM? I DON'T WANT TO LIVE NEXT TO IT IN MY HOME COUNTY.

THEY ARE UP IN ARMS OVER IT AND THEY'RE JUST REDNECK ENOUGH TO SOLVE IT THEMSELVES.

BUT THEY'RE NOT. BUT YOU'VE GOT THESE ARE. I'M SPEAKING TO YOU LIKE.

WELL, THEY USED TO SAY A DUTCH UNCLE, BUT MAYBE THAT'S NOW NOT POLITICALLY CORRECT AGAINST THE DUTCH, BUT I'M TRYING TO SPEAK AS PLAINLY TO YOU AS POSSIBLE.

YOU'VE GOT TO HAVE PROOF AND YOU'VE GOT TO HAVE INJURY.

AND IF YOU CAN'T PROVE THAT INJURY, THAT IRREPARABLE INJURY, YOU'RE NOT GOING TO GET AN INJUNCTION.

AND IF YOU EVEN DO, THEN DO GET AN INJUNCTION.

YOU HAVE TO PUT UP A BOND. SO HOW MUCH MONEY? THAT'S 5% OF WHATEVER THE DAMAGE IS. SO IS IT 5% OF 29 MILLION? THAT DOESN'T HELP YOU MUCH. SO YOU NEED TO GET OFF THIS, REVOKE THE S U P AND YOU NEED TO FOCUS ON ENFORCE THE S U P. AND IF YOU HAVE TO SPEND SOME MONEY, YOU HAVE TO SPEND SOME MONEY AND GET YOUR OWN EXPERT THAT SAYS THEY ARE VIOLATING IT BECAUSE OTHERWISE YOU'RE SPINNING YOUR WHEELS.

IT'S PROBABLY A LITTLE MORE THAN YOU WANTED TO HEAR AND MAYBE TO SPEAK TRUTH TO POWER.

THANKS, GRADY. TANNER. DID YOU SAY SOMETHING? OH, NO. I JUST BELIEVE THERE WAS SOMEBODY WHO RECOMMENDED THAT A WHILE BACK.

I THINK IT MIGHT HAVE BEEN ME. MOLLY, CAN I HAVE SOME QUESTIONS FOR YOU REAL QUICK? WHAT CAN WE DO ABOUT GETTING SOUND MONITORING INSIDE THE FACILITY? 24 SEVEN SOUND. SOMETHING INSIDE THE FACILITY.

YOU TALKED. YOU TOUCHED ON IT EARLIER IN YOUR PRESENTATION. I WANT TO UNDERSTAND WHAT ACTIONS CAN BE TAKEN.

JOHN, I HAVE A MOMENT. YEAH, OKAY. I'M NOT. WHAT ACTIONS CAN BE TAKEN? WRITE THAT DOWN. DO YOU WANT ME TO ANSWER YOUR RESPOND TO YOU REAL QUICK? OKAY. YEAH, THAT IS SOMETHING THAT WE ARE WE'RE OPEN TO CONSIDERING.

I MEAN, IF THAT IS THE WILL OF THE COUNCIL AND YOU KNOW WHAT, WE REALLY JUST WANT TO EMPHASIZE THAT WE ARE NOT HERE TO TALK ABOUT WHAT OUR LEGAL OPTIONS ARE. WE'RE HERE TO TALK ABOUT WHAT OUR ENGINEERING OPTIONS ARE.

AND WE THINK THAT WE ALREADY HAVE THAT INSIGHT NOW OF THE OPERATIONAL DATA OF WHERE THE FANS OR WHEN THE FANS ARE RUNNING, HOW OFTEN THEY'RE RUNNING. IT'S DIRECTLY RELATED TO TEMPERATURE.

IT'S NOT ROCKET SCIENCE. WE HAVE THAT DATA IN OUR OPERATIONAL TEAM'S HANDS NOW.

AND SO WE'RE WE'RE TALKING ABOUT AN ENGINEERING SOLUTION HERE OF HOW WE CAN ACTUALLY MITIGATE THE IMPACT.

BECAUSE NO OFFENSE. I DON'T THINK THAT ANYONE LIKES TO GO TO COURT.

IT IS ALL ABOUT THE IMPACT, THE IMPACT THAT THE FACILITY IS HAVING.

AND WHAT CAN WE DO ABOUT THAT IN THE FUTURE. CAN WE WORK TOGETHER TO COME UP WITH A SOLUTION? IT'S NOT A FIGHT. IT DOESN'T HAVE TO BE. WE WANT TO OPERATE SO THAT WE'RE NOT BOTHERING THE NEIGHBORS.

WE WANT TO OPERATE AS SAFELY AS POSSIBLE AS WELL.

SO HOW DO WE BALANCE THOSE THINGS? I THINK THAT'S WHAT WE'RE INVESTIGATING.

WHAT WE'RE HIGHLY TUNED INTO NOW IS WHEN DO THOSE FANS NEED TO RUN, AND HOW CAN WE LESSEN THEIR SPEED SAFELY TO NOT IMPACT THE RESIDENTS. THANK YOU. OKAY, SO I WAS GOING TO JUMP IN A COUPLE TIMES, BUT HERE'S JUST MY OPINION.

WHAT I SEE IS FAILURE. WHAT I SEE SITTING HERE IS FAILURE ON BEHALF OF THE CITY.

AND WE HAVE TO OWN IT. WE DO. WE ALLOWED A BATTERY PARK OR WHATEVER THAT'S GOING TO GO TO BE PUT INTO A RESIDENTIAL NEIGHBORHOOD IN STORE.

[01:50:08]

I GET THAT FREE MARKET, WHATEVER. WE HAVE TO ALWAYS RESPECT CURRENT PROPERTY AND PUBLIC SAFETY, AND THAT'S CLEARLY A PUBLIC SAFETY ISSUE. IT SHOULD NEVER HAVE BEEN ALLOWED TO GO INTO ITS LOCATION.

SO WHERE WE ARE. I MIGHT HAVE BEEN ON THE PLANNING AND ZONING COMMITTEE THAT APPROVED THAT.

FAIR ENOUGH. SO I HAVE TO OWN THAT, RIGHT. THE CITY COUNCIL AT THE TIME WHO ALLOWED THEIR CITY MANAGER TO MAKE AN AMENDMENT HAS TO OWN THE FAILURE TO NOT REGULATE THEIR CITY MANAGER.

THAT'S THE REALITY. OKAY, THERE ARE RESPONSIBILITIES THAT COME WITH BEING ON CITY COUNCIL.

WE HAVE TO TAKE CHARGE OF OUR CITY MANAGER. OUR CITY MANAGER GOES AGAINST THE WISHES OF THE THE CITY COUNCIL OR DOES NOT FOLLOW OUR OWN CHARTER.

THEN WE HAVE A PROBLEM. BUT WE HAVE TO OWN IT BECAUSE WE DIDN'T DO ANYTHING ABOUT IT.

RIGHT. SO WHAT I SEE FROM WHERE WE ARE NOW IS WE HAVE TO MOVE FROM OUR PERSPECTIVE.

WE'RE THERE, WE'RE HERE. WE'RE NOT GOING BACK.

WE CAN'T GO BACK IN TIME. IT'S JUST, IT'S, THAT'S WHERE WE ARE NOW.

WHERE YOU GUYS ARE HAVE FAILED TO TO ACT LIKE YOU HAVEN'T FAILED US IS ABSURD.

IT'S ABSURD. YEAH. IT'S PROBABLY IT'S PROBABLY A GOOD WAY TO PUT IT BECAUSE YOU HAVE KNOWN ABOUT SOME OF THESE ISSUES FOR QUITE SOME TIME.

AND I GET IT. LEGAL IS INVOLVED SPREADSHEETS, THE ACCOUNTANTS, WHOEVER'S INVOLVED AND THEY'RE COUNTING PENNIES AND THEY'RE MAKING SURE YOU'RE CHECKING ALL YOUR LEGAL DOCUMENTS AND YOU'RE SETTING YOURSELF UP FOR FUTURE LITIGATION.

IF IT'S NOT PRESENTLY HERE IN THIS CITY, IT'S AT FUTURE SITES THAT I PROMISE YOU'RE GOING TO TRY TO GROW THIS BUSINESS.

EVERY BUSINESS DOES. MORE POWER TO YOU. I WANT TO SEE YOU SUCCEED.

IT'S PROBABLY WHERE WE'RE HEADED FOR THE FUTURE, RIGHT? BUT YOU FAILED.

I DO. I AM GLAD TO HEAR THAT. WE'RE TRYING TO WORK ON AN ACTION PLAN.

OKAY, THAT IS A POSITIVE. WE'RE MOVING IN THE RIGHT SET.

BUT IT'S. YOU KNOW, I HATE TO SAY IT'S NOT A DOLLAR LATE, BUT WE'RE LATE.

YOU KNOW, THIS IS SOMETHING THAT COULD HAVE BEEN DONE SOONER, RIGHT? WE DON'T HAVE TO BE HERE JUST NOW ADDRESSING THIS ISSUE.

SO ANYWAY, WE'RE MAKING PROGRESS. IN MY OPINION, I'VE HEARD OTHERS SAY THIS.

I RECEIVED A EMAIL TODAY OR FROM MR. PELLETIER.

I AGREE WE NEED A PARTNER. WE HAVE TO BE PARTNERS INTO A SOLUTION.

OKAY. IT IS IN OUR BEST INTEREST TO START FINDING THAT PARTNER.

AND THAT PARTNER HAS TO BE YOU BECAUSE YOU ARE IN CHARGE OF THIS STATION RIGHT NOW, RIGHT? OKAY, SO LET'S WORK TOGETHER NOW. HOW ARE WE GOING TO WORK TOGETHER? WE SEE THIS ACTION PLAN. I THINK THERE ARE SOME THINGS THAT HAVE TO BE DONE ON OUR SIDE.

WE HAVE TO WORK WITH STRICT ENFORCEMENT OF RSVP.

GRADY JUST LAID THAT OUT. HE DID A GREAT JOB.

IF WE NEED TO INVEST AND MAKE INVESTMENTS TO HIRE OUR EXPERTS TO GET OUT THERE AND CHECK THE SOUND QUALITY AND THEN TO ENFORCE IT, THEN WE HAVE TO MAKE THAT INVESTMENT. THAT'S JUST SOMETHING WE'RE GOING TO HAVE TO GET INVOLVED IN. I KNOW THAT'S NOT EASY BECAUSE WE HAVE MONEY OR LIMITED MONEY, AND WE HAVE OTHER PROJECTS. WE WOULD CERTAINLY LIKE TO BE FOCUSED ON MORE THAN THIS, BUT THAT'S JUST THE REALITY.

OKAY. FROM MY PERSPECTIVE THERE ARE THINGS THAT WE NEED TO WORK FROM YOU.

THE S U P THIS THIS IDEA OF THIS AVERAGE SOUND FOR 24 HOURS IS JUST NOT REASONABLE.

IT'S NOT. I THINK THE ANALOGY HAS BEEN MADE. IT'S PRETTY CLEAR.

ANALOGIES, I THINK ARE PRETTY SPOT ON. BUT THE AVERAGE OVER 24 HOUR PERIOD, IT JUST HOLDS NO WEIGHT.

I MEAN, IT JUST DOESN'T. AND EVERYBODY KNOWS THAT, RIGHT? I MEAN, IT'S IT'S IT'S BRILLIANT LEGALESE. THE ATTORNEYS WHO THOUGHT OF THIS IDEA THAT AND PROPOSE THAT YOU KNOW, SOMETIMES YOU DON'T KNOW WHAT YOU'RE WALKING INTO. AND THAT'S FROM THE CITY SIDE.

PERHAPS WE DIDN'T UNDERSTAND WHAT WE WERE WALKING INTO WHEN WE WERE WALKING INTO THIS.

OKAY. AND WE'RE LIKE, YEAH, THAT SOUNDS GREAT UNTIL IT ACTUALLY HAPPENS.

AND THEN YOU'RE LIKE, WAIT, THIS DOESN'T WORK.

THIS IS NOT A WORKABLE SOLUTION. OKAY, SO WE NEED TO FIGHT FOR OUR CITIZENS.

AND SO ONE OF OUR THINGS WE HAVE TO FIGHT FOR IS, IS THE INDUCED ENJOYMENT AND USE OF THEIR PROPERTY, RIGHT? THESE ARE VALUABLE PIECES OF PROPERTY.

THESE PEOPLE HAVE WORKED HARD. THEY'VE INVESTED THEIR LIFE SAVINGS. SO WE SHOULD BE ABLE TO FIGHT FOR THEM TO SAY, HEY, WE'VE GOT TO FIND A SOLUTION TO THAT. OKAY.

AND SO THAT'S ONE OF THE THINGS I'M JUST WRITING DOWN SOME IDEAS HERE.

THE, THE FIRE LANES. I UNDERSTAND THAT SOMEHOW THAT IS, YOU KNOW, A CONCERN AND A REASONABLE ONE.

ERIC'S POINTING OUT THE POTENTIAL PROBLEMS, RIGHT? SO WHEN WE LOOK AT THOSE FIRE LANES, I THINK, YES, I KNOW YOU HAD YOUR GROUP THAT YOU'RE WORKING WITH AND THE EXPERTS,

[01:55:03]

AND I THINK THAT'S WHAT I WANT TO MAKE OF THIS, IS INSTEAD OF JUST ADDING ON TO A MONSTROSITY, WE MAY HAVE TO SAY, LET'S, LET'S START OVER. LET'S GET THE BEST SOUND SYSTEM WE CAN GET IN HERE FOR THESE PEOPLE.

RIGHT? AND IF THAT MEANS WE GOT TO TEAR DOWN SOME WALLS AND REBUILD SOME OTHER WALLS OR RECONFIGURE THEM, THEN THAT'S WHAT WE GOT TO DO. AND I UNDERSTAND THE CONCEPT OF POURING BAD MONEY INTO SPENT MONEY OR WHATEVER YOU WANT TO CALL IT.

WELL, THAT JUST MAY BE THE CASE. THAT MAY BE THE CASE THAT, YOU KNOW, FROM WHERE I'M SITTING.

AND IF THERE IS SOMETHING WE FROM THE CITY WE CAN DO TO HELP YOU ON THAT END.

THEN LET US HELP YOU. OKAY. SO YOU KNOW, IF THAT NEEDS TO BE AN INVESTMENT, WE JUST MAY HAVE TO MAKE AN INVESTMENT FROM THE CITY SIDE.

OKAY. IT MAY HAVE TO BE, YOU KNOW, LET'S BE HONEST, WE DON'T HAVE WE'RE NOT TRUCKING CHECKS FOR $20 MILLION, $29 MILLION. OKAY. WE MAY HAVE TO BE SOME SORT OF PAYMENT PLAN OR SOME SORT OF PROGRESS REPORT, BUT WE CAN WE CAN WORK ON SOMETHING, RIGHT? IF THAT'S SOMETHING WE NEED TO MAKE AN INVESTMENT IN, FOR EXAMPLE, LIKE HAVING DIFFERENT ACCESS ROADS.

CORRECT. AND THAT MAY BE SOMETHING INSIDE THE PERIMETER AND THINGS LIKE THAT. CORRECT.

WE MAY HAVE TO COME BACK AND SAY, HEY, THE CURRENT SITUATION FOR OUR FIRE TRUCKS IS JUST NOT WORKABLE.

AND WE MAY HAVE TO REBUILD SOME ROADS BACK THERE OR ACCESS POINTS OR WHATEVER WE NEED TO DO TO MAKE THAT WORK.

SO THEN THAT ALLOWS YOU TO COME BACK AND RECONFIGURE THE LAYOUTS TO BETTER.

I MEAN, WE JUST MAY HAVE TO TAKE A STEP BACK AND LOOK AT BIG PICTURE.

YEAH. AND SO I GUESS WHERE I'M GOING WITH THAT AND I'M TOTALLY MY, I DON'T PRACTICE CIVIL LAW, BUT MY, MY LITTLE OPINION HAS ALWAYS BEEN THAT, YOU KNOW.

POWER PLUS WASN'T GOING TO JUST WALK AWAY. OKAY.

I MEAN, THAT'S JUST THE REALITY. IT IS JUST NOT NOT A REASONABLE SOLUTION.

SORRY. IT'S JUST BEEN MY, MY, MY, MY BELIEF ON THAT.

BUT WE CAN BE PARTNERS BECAUSE THIS IS NOT GOING AWAY.

WE'RE GOING TO BE HERE TOGETHER FOR A LONG TIME.

BAD. BAD ANALOGY. WE'RE MARRIED. WE'RE TOGETHER.

OKAY, WE GOT TO MAKE IT WORK. OKAY, SO I'M JUST THROWING SOME SOLUTIONS OUT.

I, I LIKE THE FACT THAT WE'RE MOVING TOWARDS FINDING AN ACTION PLAN, BUT I'M NOT SURE THE ACTION PLAN GOES FAR ENOUGH, AND THAT'S WHERE I AM. AND I'M JUST. I SPOKE MY PIECE.

I'LL LET YOU ALL SAY THE REST. I JUST LIKE TO BRIEFLY RESPOND.

THANK YOU. I THINK YOU'RE SPOT ON. ON ALL THAT.

AND I THINK WE NEED TO TAKE THIS BACK. I THINK THESE ARE THE KINDS OF STUFF THAT WE.

WE DO WANT TO PARTNER WITH THE CITY ON. WE DO WANT THAT OUT-OF-THE-BOX THINKING.

WE'RE WILLING WE'RE OPEN TO CONSIDERING ALL OPTIONS AT THIS POINT.

AND WE WE DO WE DO WANT TO WORK WITH THE FIRE DEPARTMENT TO UNDERSTAND, HEY, IS THIS IS THIS SOMETHING YOU YOU WOULD RECOMMEND? WE NEED TO WORK WITH OUR ENGINEERS TO UNDERSTAND.

WHY CAN'T WE KNOCK DOWN THAT WALL AND PUSH IT OUT AND PUT A SOUND WALL? WE'RE WE'RE ACTIVELY IN THE PROCESS AND IN THE RIGHT TIME TO DO THAT.

MAYBE NOT HEADING INTO THE SUMMER WHERE AGAIN, WE'RE GOING TO HAVE TO HAVE OUTAGES AND DO THIS CONSTRUCTION WORK IF THAT'S WHAT WE PLAN TO DO. BUT THAT'S THE TYPE OF STUFF THAT WE ARE VERY OPEN TO TALKING ABOUT AND COMING.

AND I MUST ADD THIS, THOUGH, AND I MEAN THIS SINCERELY.

THERE HAS TO BE URGENCY. OKAY, THIS. NO, I'M NOT SAYING YOU'RE SUGGESTING THIS, BUT THE THE IDEA OF THAT.

IT TAKES A WHILE, I UNDERSTAND THAT. THAT'S WHY I SAID WE SHOULD HAVE BEEN DOWN THIS ROAD ALREADY.

RIGHT. WE GOT TO COME BACK WITH SOLUTIONS ON QUICKLY.

I KNOW YOU GOT ENGINEERS AND PAYING PEOPLE ALL THIS.

WE NEED SOME ANSWERS AND WE NEED SOME IDEAS AND WE NEED TO START MOVING BECAUSE THIS JUST CAN'T.

WE CAN'T JUST KEEP SAYING, YES, WE'LL GET THERE.

YES, WE'LL GET THERE. WELL, WE GOT TO GET THERE. YEAH.

AND I APPRECIATE THE COMMENTS AND I THINK BABY STEPS.

RIGHT. SO THIS WAS OUR FIRST STEP. AND YOU KNOW, BUILDING TRUST AGAIN HAVING THAT LINE OF COMMUNICATION WITH YOU ALL.

THIS IS A LIVE ACTION PLAN. WE WANTED TO GET IN FRONT OF YOU. WHAT WE COULD DO IMMEDIATELY. THERE ARE THINGS THAT DO TAKE TIME, BUT WE WANT TO MAKE SURE THEY'RE ON THE PLAN AND WE'RE WORKING TOWARDS THAT. RIGHT. SO TO YOUR POINT, IT'S NOT ABOUT JUST KICKING THE CAN DOWN THE ROAD.

IT'S LIKE, LET'S HAVE THE DISCUSSIONS ABOUT THESE OPTIONS THAT WE LAID OUT.

THAT'S WHY ONE SLIDE HERE WE WANTED TO MENTION WE'RE LOOKING AT ADDITIONAL WALLS.

WHAT ARE THE COMPLICATIONS AROUND THAT. SO PARTNERING WITH THE NEIGHBORHOOD, PARTNERING WITH THE CITY ON THE CHALLENGES WE HAVE AND THEN THINKING OUT OF THE BOX.

SO SO I APPRECIATE THE COMMENTS. REALLY DO. JUST ON ON THAT, IN TERMS OF THE URGENCY, I JUST WANT TO RECALL AS WELL, SORRY THAT WE DID AFTER THE JANUARY 13TH, LIKE IT'S BEEN A PROGRESSION, RIGHT? WE INSTALLED THE WALL, WE HAD THE FANS AT WHAT THE, WHAT WE THOUGHT THE NOISE EXPERT ALLOWED US TO HAVE THE FANS AT WHICH DIDN'T,

[02:00:06]

AND YOU HEARD FROM SOME OF THE COMMUNITY MEMBERS TODAY THAT THAT DID HAVE AN IMPACT.

SO JUST WANTED TO LET LIKE, I GUESS, RECALL TO THAT THAT WE ARE TRYING TO TO DO THINGS RAPIDLY IN ADDITION TO THE LONGER TERM ACTIONS.

I THINK THE FRUSTRATION THOUGH, IS I MEAN, WHEN DID WE GO VISIT YOUR SITE? IT WAS AUGUST, SEPTEMBER. I MEAN, WE KNEW ABOUT THESE ISSUES FOR MONTHS BEFORE JANUARY.

JANUARY SEEMS TO BE THE ONE. WE KEEP PUTTING THE STAKE IN THE GROUND AND SAYING THAT'S WHEN WE REALIZED WE HAVE A PROBLEM.

WE KNEW WE HAD A PROBLEM BACK IN AUGUST, AND SOME OF THOSE ACTIONS THAT WERE BROUGHT UP IN AUGUST OR SEPTEMBER WERE THE SAME.

THE ONES THAT YOU'RE YOU'RE WORKING ON NOW. MY FRUSTRATION IS, YOU KNOW, A COUPLE RESIDENTS GOT UP AND SAID, WHAT'S IT GOING TO TAKE FOR THE COUNCIL TO TAKE ACTION? WELL, I AGREE, IT'S NOT MOVING AS FAST AS WE WANT IT EITHER, WHICH IS I THINK YOU'RE SEEING THE FRUSTRATION FROM THIS COUNCIL.

BUT THERE HAVE BEEN SOME THINGS DONE, BUT WE'RE WITH THE RESIDENTS THAT IT'S NOT HAPPENING FAST ENOUGH.

I MEAN, I WALKED THAT FACILITY IN AUGUST AND WE TALKED ABOUT THE LIGHT AND THINGS LIKE THAT.

WELL, YOU'RE TELLING ME YOU'RE NOT GOING TO MOVE THE LIGHT UNTIL SPRING? THAT'S NINE, TEN MONTHS AFTER THE FIRST TIME IT WAS BROUGHT UP.

AND I KNOW IT WAS BROUGHT UP BEFORE THAT BECAUSE THEY THEY'VE BEEN ASKING FOR THAT FOR A WHILE.

SO THAT IS FRUSTRATING. I'M JUST I'M A LITTLE FRUSTRATED.

THE FACT THAT IT'S TAKING THIS LONG. BUT YES, WE HAVE TO MOVE FORWARD.

WE HAVE TO FIND A PATH FORWARD BETWEEN EACH OTHER AND, BUT I NEED TO, I'D LIKE TO SEE, YOU KNOW, REGULAR MEETINGS. YOU KNOW, I'D LIKE TO KNOW THAT YOU'RE HAVING REGULAR MEETINGS WITH THE WITH THE HOA.

YOU KNOW, I'D LIKE TO KNOW THAT YOU'RE HAVING REGULAR COMMUNICATIONS TO THIS TO THE STAFF, AND THAT COMES BACK TO THE COUNCIL THAT WE KNOW WHAT'S BEING DONE.

SO WHEN I GET ASKED THE QUESTION, WHAT ARE YOU DOING? OH, THIS IS WHAT THEY'VE DONE. THIS IS WHAT THEY'RE GOING TO DO, AND THIS IS WHEN IT'S GOING TO BE DONE BY NOT WE'RE LOOKING AT THIS.

WE THINK WE'RE GOING TO DO THIS. WE MIGHT DO THIS.

JUST WHAT ARE THE ACTIONS AND WHEN ARE THEY GOING TO BE DONE? YEAH, I, I HEAR THE FRUSTRATION.

I THINK WE'RE A LITTLE FRUSTRATED TOO ON OUR SIDE.

AGAIN, A LOT OF A LOT OF PLAYERS, BUT WE CAN DO MORE AND WE WANT TO DO MORE.

AND WE'RE COMMITTED TO WORKING ON THIS PROBLEM.

OKAY. ANYBODY HAVE ANYTHING ELSE? OKAY. I WOULD HOPE TO.

YES, SIR. ABSOLUTELY. I THINK YOU SAVED THAT ON PURPOSE.

YOU WAITED TILL EVERYONE WAS DONE AND YOU'RE LIKE, I'M GOING TO COME IN AT THE LAST SECOND AND CLOSE THIS OUT. I'M GOING TO TALK WITH ME.

SHE WANTED TO MAKE SURE I DIDN'T INSULT ANYBODY.

SO I KIND OF SAID SOMETHING LAST WEEK OR LAST TIME I SHOULDN'T HAVE.

BUT THAT WAS MEDICATIONS. ANYWAY, I WANT TO CLEAR UP SOMETHING.

AND I APPRECIATE TRAVIS, EVERYTHING YOU SAID AND WHAT Y'ALL DOING, BUT THERE WAS TOWN HALL EVENTS WHEN THIS WAS PROPOSED AND MOLLY WAS UP HERE WITH THINGS AND, AND YOU KNOW, THEY, IT WAS A BENIGN TYPE FACILITY, BUT THE NOISE THAT LANCE AND ALL THESE OTHER PEOPLE TALKED ABOUT WAS NOT A CONCERN.

AND WHAT WAS ON ITS END, THE SUV AS WELL, THE COPY OF THE PRESENTATIONS TO THE COMMUNITY, AND I'M SURE P AND Z SAW THE SAME THING IN S, U, P I SAW AND Y'ALL SAW AND WHAT IT STATES ABOUT NOISE IN THE S U P UNDER THE THE COMMUNITY IMPACT, IT SAYS THERE ARE NO ANTICIPATED NOISE IMPACTS TO EXISTING RESIDENTS.

THE SOUND LEVEL WILL DROP FURTHER AS A FUNCTION OF DISTANCE FROM THE PROPERTY BOUNDARY BOUNDARY AND BE LESS THAN 40DB, LIKE THE SOUND OF WATER ON A WINDOW AT 100FT, STILL, WELL, FAR AWAY FROM ANY RESIDENTS.

THAT'S THE ONLY THING WE KNOW ABOUT NOISE. AND THAT'S WHAT THEY SAID IT WAS GOING TO BE. IT WAS IN THE S U P.

IT WAS SENT TO THE PNC AND THE S U P. THEN THERE WAS A THE ORDINANCE APPROVING THE SVP.

THERE WERE SOME THINGS GOING ON THAT THE COMMUNITY DID NOT KNOW.

WE DID NOT KNOW. WE DID NOT KNOW. Y'ALL WERE LOOKING AT DIFFERENT DECIBEL READINGS AND LESS POWER WAS DOING THEIR THING, BUT SOME OF IT WAS NOT TRANSPARENT. I'M SURE IF THIS YOU KNOW, WE DIDN'T KNOW HOW TO FIGHT THIS AS MUCH.

WE, WE THOUGHT IT WAS GOING TO BE WHAT IT SAID IT WAS, BUT IT WAS NOT.

[02:05:03]

MICHAEL GROBSTEIN WITH TESLA RAN IT. HE RARELY WENT OVER 50,000 WAS WHAT HE DID.

I'D CALL HIM VERY APOLOGETIC. HE WOULD INSTANTLY GET SOMETHING DONE.

RARELY. AND HE TOLD ME ONE THING I DON'T FORGET AND SOME OF MY CONVERSATIONS WITH HIM AND, YOU KNOW, HE'S HE'S A SENIOR MANAGER AT MEGAPACK AND HE KNOWS MORE ABOUT THESE THAN ANYONE IN HERE.

AND HE SAID THAT THE IF YOU HEAR MY BATTERY PART, HE SAID, CALL ME.

HE SAID, IT'S NOT SUPPOSED TO MAKE ANY NOISE. YOU'RE NOT SUPPOSED TO HEAR IT. BUT THAT'S NOT WHAT WE'RE GETTING HERE. IT'S, IT'S I DON'T THINK THEY'RE QUITE UP TO TASK. THEY DON'T HAVE ANYTHING INSIDE OF A SUBDIVISION.

THIS ONE HAS THREE. THREE SIDES ARE SURROUNDED BY RESIDENTIAL NEIGHBORHOODS.

THERE ARE FACILITIES THAT HAVE NOW ARE ALL INDUSTRIAL ZONES.

SO OPERATING HERE IS UNIQUE FOR THEM. I JUST DON'T THINK THEY'RE CAPABLE OF RUNNING IT LIKE YOU'RE SUPPOSED TO.

THEY'RE GOING TO SAY THINGS, BUT THEY'RE DOING WHAT YOU SAID. THEY'RE GOING TO DRAG IT OUT. IT'S NOT LIKE THEY DON'T HAVE BUDDY.

I MEAN, IT'S IT'S VERY FRUSTRATING. NOBODY OUT HERE ANTICIPATED THAT WOULD BE IN OUR NEIGHBORHOOD, AND I'VE BUILT TENS OF MILLIONS OF DOLLARS AT HOME IN THAT NEIGHBORHOOD.

IT WAS NEVER THERE. I KNOW PRIOR CITY COUNCIL DID THIS AS A NUTSHELL.

YOU INHERITED IT AND IT'S NOT FAIR TO YOU, BUT IT'S IT'S SOMETHING THAT, AS YOU ALL SAID, IT CAN'T JUST BE KICKED DOWN THE ROAD. WE'RE GOING TO HAVE TO DEAL WITH IT.

HOWEVER, HOW PAINFUL IT IS. BUT THEY DID NOT DO AS THEY SAID.

THERE WERE SOME THINGS THAT SHOULD HAVE BEEN STOPPED, BUT FOR WHATEVER REASON WAS IN THE PRIOR COUNCIL MEMBERS.

I DON'T KNOW WHY, BUT. AND IT SHOULD HAVE GONE BACK TO THE PNC.

I THINK YOU KNOW WHAT I'M TALKING ABOUT. SO THERE ARE SOME THINGS THAT WERE DONE THAT SHOULDN'T HAVE BEEN DONE ON BOTH SIDES, BUT WE HAVE TO JUST AS YOU SAID, WE HAVE TO ADDRESS IT.

IT'S NOT FAIR TO THE PEOPLE WHO LIVE OUT THERE.

THANK YOU SIR. GRADY, I DO HAVE A QUESTION FOR YOU? YES. JUST FOR CLARIFICATION ON THE S U P. YES, SIR.

DOES THE S U P FOLLOW THE OWNERSHIP? TYPICALLY, IF OWNERSHIP CHANGES.

S U P HAS TO COME BACK FOR RENEWAL. NO, NO. WHY? I MISUNDERSTOOD YOUR QUESTION. THEY WOULD. THE S P IS GRANTED TO THE OWNER, RIGHT? IS THERE ANY CLAUSE IN THERE THAT SAYS OWNERSHIP CHANGE MEANS IT COMES BACK TO THE FOR APPROVAL FOR A NEW OWNERSHIP.

I WOULD HAVE TO LOOK SPECIFICALLY AT YOUR ORDINANCES BECAUSE ALL CITIES HAVE IT A LITTLE DIFFERENT.

IT'S A QUICK. CAN YOU LOOK AT THAT, PLEASE? THANK YOU.

COUNCIL. I'M HAPPY TO TAKE MORE QUESTIONS OR OR CONTINUE THE DISCUSSION HERE.

WE JUST WANTED TO CLARIFY WHEN THE NEXT TIME YOU KNOW, IT WOULD BE APPROPRIATE FOR US TO COME BACK AND GIVE YOU ALL AN UPDATE.

WE CAN WORK WITH YOUR STAFF ON THAT IF YOU PREFER. BUT IS THERE A DESIRED KIND OF FOLLOW UP FROM US ON THIS ISSUE? WE DO INTEND TO BE MEETING WITH THE HERITAGE COMMUNITY REGULARLY AS LONG AS, AS LONG AS MUCH AND AS FREQUENTLY AS THEY'LL, THEY'LL HAVE US UNTIL THEY GET SICK OF US. BUT WHEN WOULD YOU LIKE TO HEAR FROM US NEXT? THE NEXT OFFICIAL SOUND STUDY. I KNOW PEOPLE ARE DISSATISFIED WITH THE RESULTS OF THAT SATISFY THAT SOUND STUDY AND THE THE WAY THAT IT'S MAYBE EVEN DONE, BUT IT IS GOING TO BE HAPPENING AGAIN IN, IN AUGUST AND ANOTHER REPORT WILL BE ON YOUR DESK IN SEPTEMBER.

SO THAT WE CAN, WE CAN COME BACK THEN OR WE CAN COME BACK EARLIER.

IF YOU'D LIKE TO HEAR MAYBE A MORE OFFICIAL UPDATE ON THIS MATTER.

I THINK WE'LL PROBABLY END UP FINDING LETTING YOU DO YOUR SOUND STUDY, BUT WE'RE GOING TO PROBABLY HIRE SOMEBODY TO DO ONE INDEPENDENTLY SO THAT WE CAN GET A GOOD BASELINE FOR OURSELVES. WE RESPECT THAT YOU'RE DOING WHAT YOU SAY YOU'RE GOING TO DO AND YOU NORMALLY DO IT THE WAY YOU DO IT, BUT WE HAVE DIFFERING OPINIONS ON HOW THAT'S GOING TO BE DONE.

SO I THINK IT'D BE BEST IF MAYBE THE CITY GOES AND DOES THEIR OWN TOO, JUST SO WE HAVE A GOOD BASELINE.

ARE YOU ALL THE DECISION MAKERS OR IS YOU HAVE TO KICK IT UPSTAIRS? WE ARE PART OF WE'RE PART OF THE EXECUTIVE DECISION TEAM.

YEAH. SO DOES THE OTHER MEMBERS OF THE EXECUTIVE DECISION TEAM UNDERSTAND THE URGENCY? YES. YEAH. YEAH. AND I WILL SAY I DON'T THINK THAT WAS THE CASE BEFORE.

BUT BUT THE ENGAGEMENT THIS YEAR HAS BEEN DIFFERENT.

[02:10:01]

DO AGREE THAT, YOU KNOW, IN THE PAST IT HASN'T BEEN THERE AS MUCH AS IT PROBABLY SHOULD HAVE.

AND WE ARE GOING TO GO BACK TO OUR TEAM AND MAKE SURE THEY UNDERSTAND WE NEED TO TAKE ACTION.

OKAY. SORRY TO INTERRUPT. NO. YOU'RE GOOD. AND PLEASE MAKE SURE ALL MEMBERS OF HERITAGE OAKS ARE INVITED TO THE NEXT MEETING.

WILL DO. YES. I WAS NOT INVITED. YES. YOU TOLD OUR STATE REPRESENTATIVE THAT YOU WOULD CONTACT ME AND YOU DID NOT. I'M SORRY. I'M SORRY WE DIDN'T CONTACT YOU.

MISS DANIEL, I COUNCILMAN COUNCILWOMAN DANIEL.

WE WILL. WE WILL MAKE SURE. HAPPY TO. HAPPY TO SPEAK ANYTIME.

HONESTLY. OUTSIDE OF THIS, THIS OFFICIAL HEARING PROCESS OR DISCUSSION PROCESS.

BUT BEFORE WE END, I WANT TO HIGHLIGHT ALL THE VIOLATIONS OF THE S U P.

THAT THEY'VE HAD ON THERE. OH, YOU DON'T HAVE.

CAN YOU PUT BACK TO THE PROPOSED ACTION SLIDE, PLEASE, JASON? SIX YEARS AGO IN JANUARY. THE CONTRACT WAS SIGNED TO PHYSICALLY SCREEN FROM THE RESIDENCE AND PLANT ADDITIONAL LANDSCAPE NOT DONE. IS NOW IN THE PROPOSED.

PRIMARY ACCESS IS TO BE MURRAY ROAD, NOT LIVE OAK.

THEY USE LIVE OAK AS THEIR PRIMARY ACCESS. THE HEIGHT OF ANY STRUCTURE LIGHTING SHOULD BE NO GREATER THAN TEN FEET FROM THE FOUNDATION. THEIR CURRENT LIGHTING IS 40 FOOT HIGH AND THEY'RE GOING TO LOWER IT TO 15 FOOT HIGH.

SO THAT'S STILL IN VIOLATION OF THE SGP. THE LIGHTING SHALL NOT BE PRODUCED.

OBNOXIOUS INTENSE GLARE. SOUND BLAH BLAH BLAH.

SO YES, OF THE 14 CONDITIONS SET, MANY ARE NOT BEING MET.

AND ALSO, I WANT TO HIGHLIGHT WHENEVER WE GRANTED THE S U P FOR THE FENCE, THE WORDING WAS CHANGED ON. LET ME PULL IT BACK UP. SORRY. I HAVE MULTIPLE WINDOWS.

AVERAGE WAS TAKEN OUT OF THE SOUND. THE SOUND LEVEL EMITTED FROM THE ENERGY STORAGE FACILITY SHALL BE NO LOUDER THAN THE AMBIENT NOISE LEVEL PRIOR TO THE INSTALLATION. NO AVERAGE. NO AVERAGE.

AND THEY KNEW ABOUT THE SOUND IN DECEMBER OF 2019, BEFORE SENDING OUT ALL OF THE INFORMATION TO OUR CITIZENS.

AND THEN THERE WAS EVEN AN EMAIL AT THE TIME SENT THAT OUR CITY MANAGER COMMENTED HOW LOW OF ATTENDANCE THERE WAS AT THE TOWN HALL.

WELL, BASED ON THE INFORMATION THAT WAS SENT OUT, IT LOOKED PRETTY FINE AND DANDY.

CAN I RESPOND TO A COUPLE OF THOSE? SURE. NUMBER ONE, THE LANDSCAPING.

I DIDN'T CATCH ALL OF THEM, BUT THE LANDSCAPING IN THE NEW IN THE SUV ORIGINALLY WE REFERRED TO THE SLIDE DECK THAT IS ATTACHED TO THAT OFTEN. THE LANDSCAPING THAT WAS AGREED TO AND STIPULATED BY THE SCP IS OUTLINED THERE.

IT WAS PLANTING ON, I BELIEVE THE SOUTH AND THE EAST SIDES OF THE, OF THE PROJECT AND THAT LANDSCAPING WAS COMPLETED AS PER REQUIRED. SO THE ADDITIONAL VEGETATIVE SCREENING PER THE ORIGINAL SCP WAS WAS DONE.

THE ACCESS THE MURRAY RANCH ROAD BEING THE PRIMARY ACCESS.

I CAN'T SPEAK FOR THE PRIOR OWNER. THEY TOOK OWNERSHIP OF THE PROJECT PRIOR TO BREAKING GROUND AND CONSTRUCTING THE PROJECT.

I UNDERSTAND THAT THEY DID NOT ADHERE TO THAT ACCESS STIPULATION TO USE MURRAY RANCH ROAD AND NOT WEST LIVE OAK.

THE CURRENT OWNER OF GAMBIT ENERGY STORAGE IS, IS USING WEST LIVE OAK AS THE ACCESS.

WE UNDERSTAND THAT OR SORRY, IS USING MURRAY RANCH ROAD AS OUR ACCESS POINT TO THE, TO THE PROJECT.

AND THEN IN STIPULATION D IT SAYS THE HEIGHT OF ANY STRUCTURE, LIGHTING AND CONTAINERS SHALL BE NO GREATER THAN TEN FEET FROM THE FOUNDATIONS. ALTHOUGH ONE SUBSTATION DEAD END TOWER UP TO APPROXIMATELY 70FT TALL TO INTERCONNECT WITH THE POWER LINE WILL BE ALLOWED

[02:15:06]

AND SO THAT WAS THE SPECIFICITY THAT WAS GIVEN TO US, KNOWING THAT THE HEIGHT OF EQUIPMENT IN THE SUBSTATION WOULD NEED TO BE HIGHER.

BUT DEFINITELY SEE THE NEXT STIPULATION ON THE LIGHTING AND IT AT STATING THERE, IT SHOULD NOT BE PRODUCED TO OBNOXIOUS OR INTENSIVE GLARE, ETC.. SO JUST A COUPLE POINTS. I DON'T FEEL LIKE WE, OR I KNOW THAT WE DO NOT FEEL THAT WE DID VIOLATE THOSE FIRST COUPLE POINTS OF THE SVP, BUT JUST WANTED TO SET THE RECORD STRAIGHT ON A COUPLE OF THOSE.

WELL, YOU DIDN'T DO IT ALONG THE PROJECT BORDER, YOU JUST DID IT ALONG SOME OF THE PROJECT BORDER FOR THE PLANTINGS.

YES. AND SUBMITTED A LANDSCAPE PLAN WITH RSVP.

UNFORTUNATELY, THAT DOESN'T SEEM TO EVER BE ATTACHED TO THE ORDINANCE OF THE SUV.

IT WAS SUBMITTED WITH THE SITE PLAN THAT WAS APPROVED AFTERWARDS, AND THAT HAD THAT HAD OUR LANDSCAPING PLAN SPECIFICALLY ON THE EAST AND THE NORTH EAST AND THE SOUTH BORDERS, WHICH IS THE PLANTING REFERRED TO IN THE SUV.

SO WE ARE GOING TO DO MORE PLANTING. AND WE HEAR WE HEAR THAT THE THE VISUAL IMPACT NEEDS TO BE FURTHER OFFERED AND VERY HAPPY TO DO THAT.

OKAY. OKAY. THANK YOU EVERYONE. I REALLY APPRECIATE THE DIALOG AND COMMENTS AND CONSTRUCTIVE CRITICISM HERE.

SO WE WILL TAKE IT BACK AND HOPE TO SPEAK WITH YOU SOON.

THANK YOU MOLLY. ITEM NUMBER TEN UPDATE DISCUSSION ON CURRENT CITY PROJECTS BY HDR ENGINEERING.

[10. Update and discussion on current city projects by HDR Engineering. ]

THE FIRST ONE WE WANTED TO TALK ABOUT IS LORRAINE STREET SANITARY SEWER IMPROVEMENTS.

THAT IS A LARGE SANITARY SEWER LINE ON LORRAINE STREET NEXT TO 288 B.

THAT CURRENT LINE IS A. 27 INCH CONCRETE LINE THAT'S ACTUALLY HAD A PLASTIC LINER IN IT. THE LINER IS COLLAPSING. THE CITY IS CONSTANTLY HAVING TO GO IN AND KEEP THAT LINE GOING.

IT'S A MAJOR LINE THAT FEEDS THE SANITARY SEWER PLANT.

WE ARE NOW CURRENTLY UNDER CONTRACT. SURVEY HAS BEEN KICKED OFF.

GEO TECH HAS BEEN KICKED OFF. WE'RE EXPECTING THE SURVEY IN SOMETIME THIS WEEK TO WHERE WE CAN DRAW THE BACKGROUNDS UP.

GO DO SITE VISITS PROBABLY THE FOLLOWING WEEK OR THE WEEK AFTER.

WAITING ON THE GEOTECH REPORT. ONCE WE GET THE SITE SURVEY DONE, WE'LL GO AHEAD AND SUBMIT IT BACK TO THE SURVEYOR TO PICK UP ANYTHING THAT WAS MISSED.

THE 2003 STREET BOND PROJECT THAT CONSISTS OF TWO PROJECTS NORTH PARRISH STREET SILVER SADDLE.

WE'VE HAD A NOTICE TO PROCEED ISSUED FOR YESTERDAY.

WE HAVE MET, HAD A PRE-CON MEETING. SUBMITTALS ARE IN I BELIEVE LOOPY HAS SENT OUT THE SCHEDULE TO EVERYONE.

SILVER SADDLE WILL BEGIN ON MONDAY. NEXT MONDAY.

WE'LL BE FINISHED BY THE END OF APRIL. THEY WILL THEN GO TO NORTH PARRISH STREET AND BEGIN THERE AND BE FINISHED BY NOVEMBER, SO WE'RE HOPING TO HAVE THAT DONE BEFORE THE HOLIDAYS SO THAT WE WON'T BE IN PEOPLE'S LAPS WHEN THEY'RE TRYING TO HAVE PEOPLE OVER.

WE HAVE HAD AT THE PRE-CON, WE HAVE INVITED ALL THE UTILITY PROVIDERS AS WELL AS TEX DOT AND AS WELL AS THE MARSHALL ALUMNI ASSOCIATION. THEY WERE IN ATTENDANCE.

EVERYBODY GOT A SIGN IN SHEET WITH EVERYBODY'S CONTACT INFORMATION.

SO EVERYBODY KNOWS HOW TO GET AHOLD OF EVERYBODY AND WE'RE FORWARDING OUT THE SCHEDULE.

WE'LL CONTINUE TO UPDATE THEM WITH THE SCHEDULE AS WE MOVE ON THROUGH THE PROJECT. AND THE SCHEDULE IS UPDATED. OKAY.

BRIEFLY, I WANT TO TALK ABOUT THE ELEVATED STORAGE TANK.

WE HAVE BEEN WORKING WITH THE CITY ON GETTING THE RATES FOR THE LAST 13 YEARS.

WE HAVE WENT AND CALLED DIFFERENT CONTRACTORS AND DIFFERENT SUBS AND CAME UP WITH THE BEST PRICING WE CAN AT THE MOMENT FOR BUDGETARY PURPOSES.

WE SHARED THAT WITH THE COUNTY, WITH THE CITY TO WHERE Y'ALL CAN START TALKING ABOUT PATH FORWARD ON THAT.

ALSO, WE HAVE GOT THE METES AND BOUNDS SURVEY IN FOR THE POTENTIAL SITE FOR THE ELEVATED STORAGE TANK AT AT THE A ISD PROPERTY. AND SO I'M KIND OF WAITING TO SEE WHEN Y'ALL WANT TO PROCEED FORWARD,

[02:20:08]

I BELIEVE HE MAY BE LEAVING. YEAH, SHORTLY. SO I WANT TO MAKE SURE THAT THAT WE GO AHEAD AND ACQUIRE THAT.

HE HAS SAID THAT THE AC IS OPEN TO GIVE THAT PROPERTY TO THE CITY.

SO THEY'RE GOING TO DONATE IT TO THE CITY. WE WERE ABLE TO NEGOTIATE. LET'S DO IT SOON. MOVING ON THE SOCCER FIELD REGRADING. I'VE BEEN COORDINATING WITH THE PARKS DEPARTMENT.

IT APPEARS THERE IS SOME ISSUES WITH SOME OF THE BUDGETING CONSTRAINTS.

WE'VE AGREED TO TERMS TO TERMINATE THE CURRENT CONTRACT WITH THE BID PHASE AND CONSTRUCTION PHASE NOT BEING PERFORMED AND NOT CHARGED.

WE JUST WENT AHEAD AND SAID, HEY GUYS, WHERE WE'RE AT, IT'S WHERE WE'RE AT. WE'RE GOING TO SHELVE EVERYTHING, CANCEL THE CONTRACT AND MOVE FORWARD WITH THAT IDEA AT THE AT WHENEVER THEY'LL GET FUNDING, THEN WE'LL PICK IT UP, DUST IT OFF AND MOVE FORWARD WITH IT AGAIN.

TEXIAN TRAIL WAS SUCCESSFULLY COMPLETED AND OPERATIONAL.

SO I THINK Y'ALL ARE GOING TO SEE A SIGNIFICANT INCREASE ON THAT ONE FOR DRAINAGE THE 2024 WATER LINE IMPROVEMENTS THAT IS RIGHT THERE ON ROCK ISLAND, EAST MYRTLE, NORTH ANDERSON AND EAST MAGNOLIA STREET OVER THERE, KIND OF BY THE JACK IN THE BOX AREA.

THE PLANS ARE READY TO GO. JUST FUNDING. WE'VE GOT A SHELVED.

SO AS SOON AS WE GET READY, I'LL HAVE TO GO GET SIGNATURES AGAIN.

THAT'S KIND OF THE THING ABOUT SHELVING IS I HAVE THE SIGNATURE IS ONLY GOOD FOR SIX MONTHS, SO I'LL HAVE TO REQUEST ALL THE UTILITIES. GET THEM ALL BACK.

SUBMIT THE PLANS. LET THEM REVIEW IT. SO THAT WOULD BE THE ONLY THING.

THAT'S NOT A BIG TASK, BUT IT'S JUST SOMETHING THAT WILL HAVE TO BE DONE BEFORE WE CAN MOVE FORWARD.

SKATER PROJECT. THE SKATER WASTEWATER PROJECT HAS BEEN DONE FOR A WHILE.

IT'S BEEN FULLY OPERATIONAL. I DON'T BELIEVE YOU HAD ANY ISSUES.

I THINK IT'S RUNNING FAIRLY WELL. YEAH, ABSOLUTELY.

OKAY, SO WE'RE WAITING ON CLOSEOUT DOCUMENTS FROM THE CONTRACTOR.

I BELIEVE THE CITY'S ALREADY RELEASED THE RETAINERS.

WE JUST NEED SOME OF THE CLOSEOUT DOCUMENTATIONS TO DO THAT.

LIST EIGHT SANITARY SEWER. WE FINALLY GOT ALL THE TV TAPES IN.

WE'RE ABLE TO IDENTIFY THINGS THAT WERE NOT ABLE TO BE PICKED UP IN THE FIELD INVESTIGATIONS.

THERE WERE SOME MANHOLES THAT ARE BURIED, PEOPLE THAT BURIED THEM IN THEIR BACKYARDS TO WHERE YOU CAN'T FIND THEM.

THE ONLY WAY YOU CAN FIND THEM IS PULL A CAMERA THROUGH THEM. THE MANHOLES WERE IDENTIFIED AS CONCRETE OR BRICK IN GIS.

WELL, THEY'RE ACTUALLY FIBERGLASS. SO WE ARE CURRENTLY WORKING WITH THE CONTRACTOR.

WE'VE GOT THE CONTRACTOR AGREE TO HONOR THE, THE REQUEST FOR UTILIZING THE EXISTING BIDS THAT WERE DONE UNDER BIDDING ENVIRONMENT.

SO WE GOT GOOD FOOD, GOOD PRICES WE WERE ABLE TO WORK WITH THE GLOW AND WE ARE NOW PUTTING TOGETHER A NEW PERFORMANCE STATEMENT.

WE CAN GET THEM TO MOVE FORWARD. THE ONLY PROBLEM IS I DON'T WANT TO TEAR UP SOMEBODY'S BACKYARD AND COME BACK AND TEAR IT UP AGAIN THE SECOND TIME TO PULL THAT MANHOLE OUT.

THE OTHER THING IS, IS I CAN'T PULL THAT MANHOLE OUT NOW, EVEN IF ODDS ARE GLOW IS GOING TO PROVE IT UNTIL THEY DO.

IF I DO THAT, THEN THERE'S A CHANCE THAT THEY WILL NOT REIMBURSE THE CITY FOR THAT ADDITIONAL WORK.

SO WE'VE GOT TO GET THAT THROUGH. SO THAT'S WHERE WE'RE AT WORKING WITH THE GLOW PERFORMANCE STATEMENT.

WE'VE ALREADY GOT THE EXHIBITS PUT TOGETHER AND WE'VE GOT THE CHANGE ORDER SENT OUT TO THE CONTRACTOR TO WHERE HE'S AGREED TO THE PRICES.

LIST NATION 24. AGAIN, WE ARE INCREASING THAT CONTRACT BY 25%.

WE HAVE GOT THE CHANGE ORDER APPROVED BY THE CONTRACTOR BY HDR AND BY THE CITY FOR ADDITIONAL LEG.

WE'RE MAXIMIZING THE AMOUNT OF AVAILABLE FUNDING THAT HAS BEEN SUBMITTED TO MISSOURI COUNTY.

MISSOURI COUNTY IS NOW GETTING ENVIRONMENTAL CLEARANCE ON.

IT SHOULDN'T TAKE THAT LONG. HOPEFULLY WE'LL HAVE SOMETHING TOMORROW AND THE CONTRACT WILL BE ABLE TO KICK OFF THAT PRETTY FAST.

AS FAR AS THE TV INSPECTIONS THE WASTEWATER TREATMENT PLANT WE ARE CURRENTLY WORKING ON THAT.

WE DID DO A SITE VISIT ON THE 19TH. WE'RE CONTINUING REFINING THE COST.

AND THE PROJECT IS ON SCHEDULE. THAT IS WHAT WE'RE LOOKING AT, THE EXISTING BUILDINGS, THE BLOWERS TRYING TO ECONOMIZE THE, YOU KNOW, THE ELECTRIC USE AND EFFICIENCIES OF THE TREATMENT PLANT, POTENTIALLY BUILDING A NEW BUILDING, MAYBE LOOKING AT USING THE ROOF OF ONE OF THE EXISTING STRUCTURES OUT THERE, AS WELL AS WATER REUSE TO CONTINUE TO REDUCE THE AMOUNT OF WATER USAGE IN THE CITY BY USING AVAILABLE REUSE WATER.

SO THAT'S MOVING ACCORDINGLY. TWO ATV UTILITY IMPROVEMENTS.

WE HAVE TO SUBMIT TO THE UTILITY COMPANY, AS I WAS STATING BEFORE, THEY GOT TO GIVE US BACK THEIR,

[02:25:07]

WE'LL MOVE FORWARD. I HAVE CALLED AND TALKED TO TEX-DOT TO MAKE SURE THAT WE'RE STILL ON SCHEDULE, WHICH WE ARE. THE TEX-DOT DOWNTOWN IMPROVEMENTS ARE SCHEDULED TO BE LET JUNE 1ST TO 2027, NOT THIS JUNE, BUT THE FOLLOWING JUNE. SO THAT IS WHEN THEY'RE GOING TO WHEN THEY SAY LEFT, THAT MEANS TO GO TO BED.

SO IT'LL TAKE ANOTHER. TYPICALLY, TECHSITE TAKES 4 TO 6 MONTHS AFTER THEY OFFICIALLY LET IT FOR THE BID, AND IT TAKES A WHILE TO GET SOMEBODY UNDER CONTRACT AND THEN EXECUTE THOSE CONTRACTS AND STUFF.

SO IT TAKES A LITTLE BIT OF TIME. SO I'M THINKING WE'RE GOING TO BE PROBABLY SOMETIME AROUND END OF AUGUST 1ST OR SEPTEMBER OF 27 WHEN THEY START TURNING DIRT. WE JUST WANT TO GO AHEAD AND KNOCK EVERYTHING OUT AND STAY OUT OF HER WAY.

I DO HAVE 90% PLANS WERE SUBMITTED BY FRIDAY, BUT I'M GOING TO REVIEW AND HAVE IT OUT TO THEM TODAY OR NOT TODAY.

I'M SORRY THIS WEEK. ANY QUESTIONS? COMMENTS? YES. SO NOT SAYING YOU HAVE PRIORITIES, BUT WHEN YOU HAVE A LIST LIKE THIS, HOW ARE YOU TACKLING THIS? HOW ARE YOU APPROACHING IT? EACH ONE OF THESE. OKAY, THAT'S A GREAT QUESTION.

I HAVE A LARGE STAFF AVAILABLE TO ME, SO WORKING ON PROJECTS IN THE CITY OF ANGLETON WITH ME ARE WE GOT PAV.LO, WE GOT JAVIER. GRACIE. I'VE GOT PROBABLY NOT TO COUNT THEM OFF.

I'VE PROBABLY GOT NINE PEOPLE HELPING ME WITH THIS STUFF. SO IT'S NOT SITTING.

EVERYTHING IS MOVING AND PROGRESSING ACCORDINGLY.

OKAY. WHAT'S I MEAN, WHAT'S YOUR TIME FRAME ON SOME OF THESE? I MEAN, DO YOU. BECAUSE I FEEL JOHN, THE REASON WHY I'M KIND OF ASKING THESE QUESTIONS IS SOMETIMES I FEEL LIKE THE THE ANSWER IS ALWAYS, WE'RE WAITING ON ENGINEERING AND WE DON'T WANT TO BE WAITING ON ENGINEERING TOO LONG.

WE UNDERSTAND THAT SOME OF THIS STUFF TAKES A LITTLE BIT OF TIME, BUT WE REALLY LIKE TO MAKE SURE THAT WE'RE GETTING EVERYTHING DONE AS QUICKLY AS POSSIBLE.

I JUST WANT TO MAKE SURE THAT WE'RE NOT OVERBURDENING YOU WITH TOO MANY PROJECTS, AND THEN IT ALL GETS DELAYED BECAUSE YOU'RE HAVING TO CHASE EACH ONE OF THESE. NO, SIR. WE'RE WE'RE MEETING SCHEDULES.

I MEAN, WHEN WE LAY OUT THE SCHEDULES, WE'RE FOLLOWING THOSE. WE'RE MEETING THOSE.

THE 288, THE PHASE THREE PROJECT TOOK A LITTLE BIT LONGER FROM THE BID OPENING, BUT THAT WAS DUE TO WHEN WE OPENED, IT WAS CHRISTMAS TIME. I HAD TWO LOW BIDDERS THAT I HAD TO METICULOUSLY GO AND DOCUMENT AND CHECK REFERENCES, PEOPLE NOT WANTING TO RETURN PHONE CALLS TO BOUNCE THEM TO GET TO THE THIRD THE THIRD BIDDER ONCE WE GOT THERE.

THEN BY THE TIME THAT WE GOT EVERYTHING UNDER CONTRACT, HE AGAIN BROUGHT US BACK A SET OF DOCUMENTS.

HE HAD TO GO MAKE SOME CHANGES ON IT. I MEAN, WE'RE WE'RE CONSTANTLY PUSHING TO KEEP THAT GOING.

OKAY. BUT NO, IT'S NOT JUST ME. PLEASE DON'T THINK IT'S JUST ME.

CHRIS MALINOWSKI AND HECTOR AND GRACIE AND PEYTON AND PABLO AND EVERYBODY ELSE THAT WE'VE GOT.

NO. NO STAFF PRETTY WELL. OKAY.

COUNCIL. ANY QUESTIONS? DO YOU KNOW WHEN WE NEED THE FUNDING FOR THE TECH START SINCE IT'S GOING TO BE 27 HOUR MATCH? YOUR YOUR MATCH. YOU YOU'VE ALREADY PUT IN A MATCH RIGHT NOW.

BUT BEFORE I MOVE ON, THEY'LL THEY'LL GET THE ACTUAL BID PRICES.

THAT'S WHEN YOU'LL YOU'LL SEE WHAT YOUR MATCH IS.

IF YOU REMEMBER THOUGH, WHEN I NEGOTIATED. HELP NEGOTIATE THAT.

THERE IS A COMMENT IN THERE THAT SAYS TEXT, I GOT IT.

THE ONLY ONE THAT'S GOT IT BEFORE THAT I KNOW OF TECH STOCKS RESPONSIBLE FOR ALL OVERAGES.

THANK YOU. I THINK OVER THE NEXT FEW MONTHS, THE WASTEWATER TREATMENT PLANT IS PROBABLY NEXT. OUR BIGGEST PROJECT WE'VE GOT GOING.

WE DON'T WANT TO BE DELAYED TOO MUCH, SO WE NEED SOME COMMITMENTS FROM HR.

[02:30:03]

CORRECT. SO WE'RE ALREADY ON THE CLOCK AND HOW FAST ARE WE GOING TO MOVE ON THIS? I'LL GO AHEAD AND PUT ALL THAT TOGETHER. I'LL GET YOU A LITTLE SCHEDULE ON THAT.

BUT THAT IS ONE THAT WE'RE PUSHING REALLY HARD.

OKAY. THANK YOU. THE MUDDLED ANSWER. TRANSFERABILITY OF SPECIAL USE PERMITS.

SURE. YOU'RE THE LAWYER. YOU TELL ME. CAN I TALK ABOUT THAT NOW? IT'S BACK TO THE OTHER AGENDA. OKAY, SO IN 2005, ORDINANCE 857 SAYS TRANSFER SPECIAL USE PERMITS. SPECIAL USE PERMITS WILL TRANSFER WITH THE CHANGE OF OWNERSHIP OF THE PROPERTY, UNLESS PROHIBITED BY SPECIFIC CONDITIONS OF THE PERMIT.

PROHIBITION OR SPECIAL PROVISIONS FOR TRANSFER OF THE PERMIT MAY BE SPECIFIED AS CONDITIONS OF THE PERMIT APPROVAL.

THAT WAS UNDER AMERICAN LEGAL PUBLISHING WHEN ANGLETON HAD THEIR CODE OF ORDINANCES THERE.

I ASSUME IN 2005. I CANNOT FIND THAT IN THE CURRENT CODE.

SO I HAVE TO DIG A LITTLE FURTHER. OKAY. FAIR ENOUGH.

ALL THAT TO SAY, I DON'T KNOW. ALL RIGHT. I'M NUMBER 11.

DISCUSSION OF POSSIBLE ACTION TO APPROVE ORDINANCE NUMBER 20260324-011.

[11. Discussion and possible action to approve Ordinance No. 20260324-011 releasing certain territory within Brazoria County, Texas from the Extraterritorial Jurisdiction of the City of Angleton, as petitioned by Mr. W. Fireworks, Inc., for 2.0 acres of land located at 15050 State Highway 288 Business, at Brazoria Central Appraisal District Property Identification No. 211257; providing for severability; and containing other provisions relating thereto. ]

AND GREAT, IF I MIGHT ADD TWO SENT TO THAT LAST, LAST COMMENT YOU MADE.

YEAH. WE ARE PUTTING STIPULATIONS ON THE S U P SOMETIMES ON THE OWNERSHIP.

AS YOU KNOW, WITH THE TATTOO PARLOR AND OTHERS, WE HAVE SPECIFIED THAT CONDITION THAT IT WOULD RUN WITH THAT SPECIFIC OWNER.

SO THEIR CASE BY CASE BASIS, CURRENTLY THE ITEM 11 IS AS A RESULT, AS YOU KNOW, OF SENATE BILL 2038 OF 2023. THIS APPLICANT IS REQUESTING THAT THESE TWO ACRES BE REMOVED FROM THE ETJ.

I HAVE A GRAPHIC ATTACHED TO THE EXHIBITS WHICH WILL OUTLINE THE LOCATION OF THE SITE, WHICH IS TO THE VERY END OF OUR ETJ.

SOUTH OF COUNTY ROAD. 220. THEY ARE REQUESTING RELEASE FROM THE ETJ.

I WILL SAY THAT LEGAL AND STAFF DID GET THE APPLICATION THROUGH THE CITY SECRETARY'S OFFICE.

WE DID RETURN IT BACK REQUESTING ADDITIONAL REQUIREMENTS OF THE PETITION AND THOSE WERE CORRECTED.

THAT. AND THAT'S WHAT YOU HAVE BEFORE YOU. THE ORDINANCE THAT WOULD RELEASE THESE TWO ACRES FROM THE CDC.

T.J., I WILL SAY THAT THIS SITE DOES FALL SOUTH OF OUR IMPACT ZONE.

SO THAT'S NOT SUBJECTED TO THIS SMALL SITE HERE.

THAT'S WHAT I HAVE. THE COUNCIL IS ASKED TO MOVE ON THIS ORDINANCE FOR REMOVAL.

SO IF THAT'S A NEGATIVE VOTE TO THE ORDINANCE, THEN BY OPERATION OF LAW, IT GETS AUTOMATICALLY REMOVED, AS YOU KNOW VARIOUS CITIES TAKE DIFFERENT APPROACHES TO THESE FORM OF REQUESTS, SO YOU CAN HANDLE IT A NUMBER OF WAYS.

AND I'LL TURN IT OVER TO LUCA IF YOU HAVE ANY QUESTIONS ON THAT END.

TEXAS TWO STEP. DON'T HAVE TO APPROVE IT. NO, BUT THEN IT OPERATES AUTOMATICALLY. I'LL NEVER FORGET A YES VOTE FOR ME ON THESE COUNCIL.

IT'S UP TO YOU. WHAT ACTION DO YOU WANT TO TAKE? MAKE A MOTION TO NOT APPROVE. CAN YOU. CAN YOU MAKE A MOTION IN THE NEGATIVE? WE PREFER NOT, BUT I'LL LET YOU DO THAT. SURE.

OKAY. I THINK WE'RE GOOD. WE DID IT LAST TIME.

I'M OKAY WITH THAT. I JUST THOUGHT I REMEMBER READING A MOTION TO DENY.

IT HELPS WHEN EVERYONE'S UNANIMOUS. I HAVE A MOTION BY COUNCILWOMAN DANIEL.

DID I HEAR A SECOND? JUST REAL QUICK. OKAY. THE PROPERTY IS AROUND IT.

WHAT IS THE CITY? HOW FAR DOWN? HOW FAR? IF YOU DON'T MIND GOING TO THE NORTH.

[02:35:07]

YES. SO THE CITY LIMITS LINE IS RIGHT AT COUNTY ROAD 220.

IT'S A DARK BLUE. YOU CAN BARELY SEE IT ON THIS GRAPHIC.

THAT'S THE CITY LIMITS LINE BEFORE THE INTERSECTION.

YES. RIGHT AT THAT CORNER WITH THE PINK. ANYWHERE YOU SEE ZONING THAT CITY LIMITS.

THE COLORFUL AREAS. THE HATCH IS YOUR ETJ. IN TOTAL, IN THAT AREA.

IT'S NOT A MAJOR NODE OR A COMMERCIAL NODE OF ANY SORT.

WITH THIS SITE LIES. SO THIS IS MY OPINION.

THIS ISN'T THE ONE WITH WATER, RIGHT? NO, SIR.

OH. AND I'LL SECOND THE MOTION. I HAVE A MOTION TO DENY BY COUNCILWOMAN DANIEL AND A SECOND BY COUNCILMAN.

SARTIN. THAT IS CORRECT. THAT'S HOW YOU SAY IT.

OKAY, SO ALL THOSE IN FAVOR SIGNIFY BY SAYING I.

I. ALL THOSE OPPOSED? SAME SIGN. MOTION CARRIES IS.

WE VOTED TO DENY IT. THANK YOU VERY MUCH. I. NUMBER 12 UPDATE DISCUSSION AND POSSIBLE ACTION ON THE KING

[12. Update, discussion and possible action on the King Municipal Operations Center Project by Zachery Moquin with TEAL Construction. ]

YEP. AND YOUR PATIENCE IS NOTED. YOU SAID YOUR NAME WRONG, ZACHARY MOQUIN.

MOQUIN. LET ME GET THAT RIGHT. OKAY. I WON'T HOLD IT AGAINST YOU.

JUST TO WRAP THIS UP, YOU GET TO WRAP THIS UP. JUMP IN LINE. OKAY.

HAPPY NEWS PLEASE. SO, HOW MANY OF YOU. WELL, FIRST OF ALL, THANK YOU FOR INVITING ME BACK TO GIVE YOU AN UPDATE ON THE PROJECT.

I KNOW MANY OF YOU SAW IT RECENTLY WITHIN THE, WITHIN THE LAST MONTH, BUT WE HAVE GOTTEN A FEW THINGS DONE, BUT SO YOU'LL SEE SOME REPETITIVE THINGS ON THERE, BUT I THINK YOU'LL STILL BE HAPPY WITH THE PROGRESS. SO KIND OF GOING BACK IN TIME A LITTLE BIT, GIVING YOU A START WITH THIS UPDATE.

FEBRUARY PRETTY MUCH GOT MOST OF OUR SITE WORK FINISHED OUT UP THERE.

FINAL GRADING IN SOME AREAS, ROUGH GRADING AND OTHERS STILL NEED TO DO SOME BACKFILL, BUT ASPHALT BASE THE CONCRETE PAVING UP ON THE WEST AND NORTH SIDE OF THE SPECIFICALLY THE WEST BUILDING NEAR THE ADMIN BUILDING IS MOSTLY COMPLETE.

WORKING ON SITE ELECTRICAL, GETTING ALL THE LIGHT POLES LIGHT POLE BASES INSTALLED, POURED ALL THE CONDUIT FOR THAT LEADING BACK TO THE MAIN ELECTRICAL ROOMS AND THEN SOME OTHER MISCELLANEOUS FOUNDATIONS, LIKE FOR THE ALUMINUM CANOPY, WHATNOT.

JUST A COUPLE OTHER PICTURES HERE. YOU SEE LUMEN CANOPY THERE IN THE NORTHWEST CORNER, THOSE FOUNDATIONS GRADING ON THE SOUTH SIDE OF THE BUILDING.

COUPLE PICTURES OF CONCRETE PREP AND POUR FOR THE PARKING AREA.

ALSO IN FEBRUARY YOU CAN SEE WE GOT ALL THE PLYWOOD SHEATHING FOR THAT NORTHWEST CORNER BEHIND THE MASONRY COMPLETE AS WELL AS THE CANOPY MOUNTING BRACKETS TO THE BUILDING TO WHERE THAT CANOPY TIES BACK IN.

CONTINUED WATER BEGAN WATERPROOFING ALL OF THAT SHEATHING THERE AROUND WINDOW OPENINGS AND THEN BEGAN THE STOREFRONT GLASS INSTALLATION THIS MONTH, EARLY THIS MONTH, WE SET CONDENSER UNITS ON THE SOUTH SIDE OF THE BUILDING ONCE AGAIN CONTINUED WATERPROOFING AROUND THE NORTHWEST CORNER INTERIOR FRAMING, PIPING CONDENSERS IN AND THEN STARTING THE MASONRY AS WELL.

A COUPLE OTHER PHOTOS INSIDE OF JUST CONTINUING MEP ROUGH END INTERIOR FRAMING.

ALL THE WALLS ARE ONE SIDED. THAT CAN BE ONE SIDED.

NEXT PLEASE. THANK YOU. A COUPLE MORE PHOTOS OF ENVELOPE AND INTERIOR.

YOU CAN SEE THAT'S ANOTHER VIEW ON THE LEFT HAND SIDE OF THE LARGE TRAINING ROOM IN THERE.

HARD TO SEE WITH ALL THE DRYWALL ON THE WAY, BUT THAT'LL BE CLEARED OUT SOONER RATHER THAN LATER.

OKAY. THIS WAS A COUPLE WEEKS OR. I'M SORRY. LAST WEEK WE STARTED THE MASONRY AND COMPLETED IT WITHIN ONE WEEK, SO THAT WENT VERY WELL. NO ISSUES THERE. AND I THINK I THINK THAT'S THE LAST ONE.

YES. SO THAT'S, THAT'S WHERE WE THAT'S WHERE WE ARE. I KNOW YOU'VE SEEN A LOT OF THE SAME THING. A LOT OF THAT STUFF, LIKE I SAID, WHEN YOU VISIT THE SITE A FEW WEEKS AGO, BUT EVEN STILL, IT LOOKS, LOOKS DIFFERENT AND WE'RE PLANNING ON BEING DRIED IN.

WE WERE AIMING FOR THE END OF THIS WEEK, BUT A COUPLE HICCUPS WITH THE CONTRACTOR WILL PROBABLY BE NEXT WEEK WHERE WE'LL BE DRIED IN. AND THEN I GOT WORD LAST WEEK AND WAITING

[02:40:08]

IT WAS SENT. THE APPLICATION WAS SENT TO THE ENGINEERING TEAM OVER THERE FOR REVIEW.

ON THE 13TH. SO IT'S FRIDAY THE 13TH OF MARCH.

SO WE'RE HOPING TO HEAR SOMETHING BACK THERE WITHIN THE NEXT WEEK OR TWO.

WE'LL NEED TO SEND A FOLLOW UP. AND THE GOAL IS.

AND OF COURSE, WE ONLY HAVE SO MUCH CONTROL OVER TEXAS, NEW MEXICO.

BUT THE GOAL IS TO HAVE THEM AT LEAST STARTING THEIR SCOPE BECAUSE I BELIEVE THEY NEED TO SET A NEW POLE IF THAT'S STILL THEIR PLAN AND TRANSFORMER IN EARLY MAY SO WE CAN TURN POWER ON, GET CONDENSERS RUNNING AND MILLWORK INSTALLATION.

SO THAT'S WHERE WE ARE. GREAT. ANY QUESTIONS? AND AS SOMEBODY WHO APPRECIATES SYMMETRY, I REALLY ENJOYED LOOKING AT SLOT 192.

DID YOU GUYS PLAN THAT OR DID YOUR HVAC CONTRACTOR DO THAT? WE WANT TO MAKE SURE IT LOOKS RIGHT. SO I'M GOING TO SAY IT WAS BOTH OF US.

BUT BUT BECAUSE OUR CONTRACT IS WITH THE CITY, I WILL TAKE FULL CREDIT FOR IT.

BECAUSE OUR SUBCONTRACTORS ARE AN EXTENSION OF US.

FAIR ENOUGH. GREAT. ANY OTHER QUESTIONS? IT LOOKS GREAT.

I LOVE DRIVING BY IT. IT'S LOOKING BETTER. OKAY.

THAT'S IT. THANK YOU, THANK YOU. APPRECIATE THE CONSTANT UPDATES.

YES, WE REALLY APPRECIATE THAT. OKAY. COMMUNICATIONS FROM MAYOR AND COUNCIL.

[COMMUNICATIONS FROM MAYOR AND COUNCIL ]

WE HAVE TWO TABLES, CORRECT? CHIEF. TWO TABLES.

WE HAD TWO TABLES. THAT ARE EQUAL. OTHER PEOPLE.

I WOULD, I WOULD ASK THAT YOU NOT BRING THE TOMATOES.

DON'T THROW THINGS AT ME. THAT'S ALL I GOT. ANYBODY ELSE? YEAH. YEAH. SO BASED ON OUR CONVERSATION TODAY, WE DIDN'T DISCUSS THIS.

BUT I WOULD LIKE FOR US TO SET UP ANOTHER MEETING WITH POWER PLUS TO, TO GIVE US AN UPDATE ON THEIR SCHEDULE. LET'S, LET'S I DON'T KNOW IF WE WANT TO COORDINATE WITH THEM.

I MEAN, THEY CAN BE HAVE SOME INPUT, BUT, YOU KNOW, THE NEXT TWO MONTHS, I THINK THAT'S PRETTY REASONABLE.

WE NEED TO STAY ON THIS AS IN MY OPINION. SO.

I'D ALSO ADD TO THAT THAT, YOU KNOW, I MENTIONED HIRING SOMEBODY FOR A SOUND STUDY.

IT'D BE NICE TO KNOW IF SOMEBODY COULD BRING THAT TO COUNCIL, HOW MUCH THAT'S GOING TO COST.

ANY IDEAS OF WHAT WE CAN DO, WHERE WE COME FROM IN THE BUDGET? OH, I KNOW IT'S NOT IN THE BUDGET, BUT. OKAY.

AND I KNOW I MENTIONED BEFORE ABOUT CHANGING THE SPECIFIC USE PERMIT AND THAT WE CAN DO IT AT EACH ONE ABOUT THE MINOR AND MAJOR REVISIONS, BUT I WOULD I WOULD LIKE TO CHANGE IT IN THE CODES AND ALSO ADD IN CHANGE OF OWNERSHIP WHEN IT COMES BACK. I DON'T WANT TO HAVE TO EVERY SINGLE ONE HAVE TO CHANGE THIS, CHANGE THAT I JUST.

BLANKET. ANYBODY ELSE BECAUSE I'M SO UNUSUALLY BUSHY TAILED LATELY, AND I'D LIKE TO END THIS ON A POSITIVE NOTE.

I MEAN, I REALLY JUST WANT TO KIND OF THINK BACK TO A YEAR, MAYBE A YEAR AND A HALF AGO AND HOW FAR WE'VE COME TO WHERE WE ARE TODAY.

I KNOW WE'RE STILL DEALING WITH SOME PREEXISTING CONDITIONS, IF YOU WILL, BUT THINGS ARE GOING GREAT, GUYS. AND LADIES.

ANYBODY ELSE? THEN WE WILL ADJOURN AT 8:45 P.M..

* This transcript was compiled from uncorrected Closed Captioning.