L.1.2023 ACFR - Consider approval of the Annual Comprehensive Financial Report (ACFR) for the fiscal year ended September 30, 2023.

[N.1. Oncor Electric line upgrades on Hiqh Road and Rollinq Hills - Public Hearing to receive updates and input on the Oncor Electric line upgrade project on High Road and Rolling Hills.]

HIGH ROAD AND ROLLING HILLS.

BEFORE I TURN IT OVER TO JAMES, I JUST DID WANT TO ALSO CLARIFY THERE IS GOING TO BE A PUBLIC HEARING.

IF YOU DO WISH TO SPEAK DURING THE PUBLIC HEARING, PLEASE FILL OUT A GREEN COMMENT CARD.

AND WE'LL GET YOU IN LINE TO SPEAK DURING THE PUBLIC HEARING.

WITH THAT, I'M GOING TO TURN IT OVER TO JAMES.

HE'S GOING TO INTRODUCE THE ITEM AND MAKE SOME INTRODUCTIONS OF SOME OF OUR ELECTED OFFICIALS AND DIGNITARIES JOINING US THIS EVENING.

MR. CHILDERS.

THANK YOU, MAYOR, APPRECIATE IT.

BEFORE WE START THE PUBLIC HEARING, WE DID WANT TO ACKNOWLEDGE GUESTS THAT ARE HERE TODAY.

OUR WE HAVE REPRESENTATIVES FROM ALL OF OUR LEGISLATIVE DELEGATION WITH US HERE TODAY, SENATOR PARKER'S OFFICE REPRESENTATIVE TIM ASHEN.

AND WE ACTUALLY HAVE REPRESENTATIVE BUMGARNER AND HIS TEAM WITH US HERE TODAY.

I ALSO WANT TO POINT OUT THAT DON SPENCER, THE CHIEF APPRAISER WITH THE DENTON CENTRAL APPRAISAL DISTRICT, HAS JOINED US THIS EVENING.

THEY WILL BE AVAILABLE IF THERE ARE ANY QUESTIONS.

I THINK PRIMARILY OUR DELEGATION IS HERE TO TAKE TAKE IN THE DISCOURSE AND HEAR THE BACK AND FORTH.

I ALSO WANT TO REFERENCE THAT ERIC MONTOYA WITH ONCOR IS WITH US HERE THIS EVENING.

I BELIEVE THEY DO NOT HAVE ANY PRESENTATION SET UP HERE TODAY.

THEY'RE HERE TO OBSERVE AND TAKE IN INFORMATION.

BUT BEFORE WE GO ANY FURTHER, I THINK IT'S IMPORTANT THAT A LOT OF QUESTIONS CAME IN OVER THE LAST SEVERAL WEEKS IN REGARDS TO VARIOUS LAWS AND ROLES AND WHATNOT.

AND I'M GOING TO TURN IT OVER TO TOMMY DALTON.

HE'S GOING TO PROVIDE A HIGH LEVEL OVERVIEW OF JUST SOME OF THOSE GENERAL QUESTIONS THAT ARE OUT THERE, AS WELL AS BRIAN CAN SPEAK TO THE LEGALITIES ASSOCIATED WITH WHAT THE TOWN CAN AND CANNOT DO.

WE JUST WANT TO FRAME THE CONVERSATION BEFORE WE TURN IT OVER TO YOU COUNCIL AND ULTIMATELY OPEN THE PUBLIC HEARING.

SO WITH THAT, I'LL TURN IT OVER TO TOMMY.

THANK YOU. JAMES JUST TO START OFF A LITTLE BIT ABOUT THE PERMIT SPECIFICALLY, AS INDICATED IN THE STAFF REPORT, WE RECEIVED A PERMIT APPLICATION FROM PIKE ELECTRIC ON BEHALF OF ONCOR ELECTRIC DELIVERY ON AUGUST 8TH, 2023.

TO UPGRADE ELECTRIC FACILITIES ALONG HIGH ROAD AND ROLLING HILLS.

THE PURPOSE OF OUR PERMIT PROCESS IN THIS PARTICULAR INSTANCE IS CALLED A RIGHT OF WAY PERMIT IS TO REVIEW THE WORK WITHIN THE TOWN'S RIGHT OF WAY TO ENSURE THAT PUBLIC INFRASTRUCTURE ISN'T IMPACTED BY THE WORK.

AND SO PART OF WHAT OUR ENGINEERING TEAM DOES IS PROVIDE THAT CONTRACTOR WITH ALL OF OUR, WHAT WE CALL AS BUILT DRAWINGS TO SHOW THEM WHERE THE WATER LINES ARE.

OBVIOUSLY THERE'S NO SEWER IN THIS AREA.

WE ALSO IDENTIFY ANY OTHER TOWN ASSETS WITHIN THAT RIGHT OF WAY.

SO IT'S TO COORDINATE WITH THE CONTRACTOR TO ENSURE THAT THE TOWN'S PUBLIC INFRASTRUCTURE IS NOT IMPACTED DURING THE WORK THAT THEY'RE DOING.

SO THE PERMIT WAS ULTIMATELY APPROVED IN SEPTEMBER, ON SEPTEMBER 27TH, 2023.

AND THEN THE WORK BEGAN IN FEBRUARY.

SO WE'VE HAD A FEW QUESTIONS THAT HAVE COME UP THROUGH OUR INTERACTION WITH THE COMMUNITY.

ONE OF THE FIRST GENERAL QUESTIONS IS, WHY WAS A 33 PHASE SERVICE INSTALLED IN A RESIDENTIAL NEIGHBORHOOD, AND IF IT WAS ASSOCIATED WITH ANY NEW SUBSTATION OR ANY COMMERCIAL DEVELOPMENT WITHIN THE AREA.

SO IN OUR CONVERSATIONS WITH ONCOR, THERE WAS A THREE PHASE SERVICE ALREADY IN THE NEIGHBORHOOD ALONG ROLLING HILLS, BUT IT WAS SERVED BY A LINE THAT WAS CROSSING OVER LAKE GRAPEVINE. IT'S A LITTLE KIND OF A SMALL TRIBUTARY NEAR THE NEIGHBORHOOD.

SO ONCORS WAS REMOVING THAT LAKE CROSSING TO MEET THE US ARMY CORPS OF ENGINEERS CLEARANCE REQUIREMENTS.

AND SO IT NECESSITATED BRINGING TWO MORE PHASES DOWN HYDE ROAD IN ORDER TO ACCOMPLISH THAT.

THEY CONFIRMED IT'S NOT ASSOCIATED WITH THE NEW SUBSTATION THAT'S GOING IN WESTERN FLOWER MOUND, AND THAT THE SERVICE DOES TERMINATE AT THE END OF THE NEIGHBORHOOD.

THERE WAS QUESTIONS THAT WE HAD ABOUT THE EXTENSIONS HANGING OFF THE NEW POLES NEAR 1171 AND WHAT WAS THE PURPOSE OF THE ELEVATED TRANSFORMER.

SO THE EXTENSIONS THAT OUR UNDERSTANDING IS THEY'RE TEMPORARY AND JUST SO THAT CONSTRUCTION CAN SAFELY OPERATE WITH A LIVE WIRE STILL PROVIDING POWER TO THE RESIDENTS OF THE NEIGHBORHOOD, EQUIPMENT ON THE POLES IS AN AUTO TRANSFORMER THAT ALLOWS THE ONCOR TO STEP THE VOLTAGE DOWN FROM 25 KV, WHICH IS ON 1171

[00:55:10]

CURRENTLY, TO 12.5 KV, WHICH IS USED TO SERVE CUSTOMERS DOWN HIGH ROAD.

SOME OF THE OTHER QUESTIONS THAT WE RECEIVED IS WHAT IS THE GENERAL PROCESS FOR A UTILITY COMPANY TO ENGAGE PROPERTY OWNERS, WHICH ARE IMPACTED? THE TOWN STRONGLY ENCOURAGES EVERY UTILITY PROVIDER, WHETHER THAT'S ELECTRIC OR CABLE OR PHONE, TO REACH OUT TO RESIDENTS THAT ARE ADJACENT TO THEIR WORK.

IF THERE'S GOING TO BE AN IMPACT IN THE COMMUNICATE THAT.

I UNDERSTAND THAT ONCOR DID REACH OUT TO SOME.

I KNOW THERE'S CONCERNS ABOUT THAT TIMING OF THE COMMUNICATION.

HOW MUCH LEAD TIME WAS PROVIDED? THERE'S STAFF IS NOT AWARE OF ANY STATE MANDATED ENGAGEMENT REQUIREMENTS FOR COMMUNICATION OF THESE UTILITY PROJECTS.

ANOTHER QUESTION THAT WE RECEIVED IS CAN THE TRANSFORMER BE LOCATED? THAT IS SOMETHING THAT ONCOR WOULD NEED TO RESPOND TO.

AT THIS POINT, WE DON'T HAVE ANY PLANS THAT HAVE BEEN SUBMITTED THAT SHOWS THEM TO DO THAT.

WHEN WE'VE BEEN ASKED IF ONCOR WILL HELP REPLANT TREES, OUR UNDERSTANDING THAT ONCOR HAS STATED THAT THEY'RE NOT GOING TO REPLACE OR REPLANT TREES THE TREES WERE LOCATED IN THE RIGHT OF WAY AND WITHIN THE EASEMENT OF ONCOR.

THE TOWN CANNOT REPLACE THOSE TREES IN THE RIGHT OF WAY.

IF WE DID, IT WOULD STILL BE IN THE POWER OF ONCOR TO REMOVE THEM WHEN THEY NEEDED TO.

ALTERNATIVELY, THE TOWN CANNOT SPEND PUBLIC FUNDS ON PRIVATE PROPERTY TO REPLANT TREES.

BRYNN, IF HE NEEDS TO, CAN GET INTO MORE OF THE LEGALITIES OF THAT SITUATION.

WE WERE ALSO ASKED IF ONCOR WOULD BE GRINDING DOWN THE STUMPS OF THE TREES THAT WERE REMOVED.

AGAIN, THAT'S MORE OF AN OPERATIONAL QUESTION THAT ONCOR WOULD NEED TO RESPOND TO.

WE ARE ALSO ASKED ABOUT PROPERTY VALUES, AND WE DO HAVE THE CHIEF APPRAISER OF DENTON COUNTY HERE TO THE DENTON COUNTY CENTRAL APPRAISAL DISTRICT TO TALK TO THE COUNCIL AND THE PUBLIC ABOUT THE TREES IMPACT ON PROPERTY VALUES.

SOME OF THE OTHER QUESTIONS WERE MORE OF A REGULATORY IN NATURE IN TERMS OF WHAT WE COULD OR COULD NOT REQUIRE FOR THE PERMIT.

I THINK BRYNN COULD SPEAK TO THE COUNCIL MORE ABOUT OUR LIMITATIONS RELATED TO THE STATE STATUTE AND WHAT THE COUNTY TOWN CAN AND CANNOT DO FROM A REGULATORY ASPECT.

BUT FINALLY, I DO WANT TO POINT OUT THAT WE HAVE BEEN IN CONVERSATION WITH ONCOR IN THE PAST FEW WEEKS, AND AS WE CONTINUE TO MOVE FORWARD ON THIS, WE INTEND TO CONTINUE OUR CONVERSATION ON HOW DO WE GET PUBLIC INFORMATION OUT THERE WITH PROJECTS SUCH AS THESE AND TALKING WITH OUR ENGINEERING DEPARTMENT, THE THAT THIS TYPE OF WORK, WE DON'T SEE VERY OFTEN WHERE IT'S THIS EXTENSIVE.

SO WE FEEL FAIRLY CONFIDENT THAT WE CAN FIND A MUTUAL GROUND WITH ONCOR MAKING SURE THAT THESE KINDS OF PROJECTS ARE COMMUNICATED TO THE NEIGHBORHOODS THAT ARE IMPACTED, AS WELL AS THE ADJACENT PROPERTY OWNERS.

SO WE WILL WE LOOK FORWARD TO CONTINUING THOSE DISCUSSIONS WITH ONCOR.

WE ALSO LOOK FORWARD TO ENGAGING COSERV BECAUSE THEY'RE THE OTHER ELECTRIC PROVIDER IN THE COMMUNITY THAT FROM TIME TO TIME IS GOING TO HAVE TO MANAGE THEIR RIGHT OF WAY.

WE WANT TO MAKE SURE THAT WHATEVER WE COME TO AGREEMENT WITH ONCOR, WE'RE PREPARED TO DEPLOY WITH COSERV AS WELL.

SO UNLESS THERE IS ANY OTHER QUESTIONS I DIDN'T CATCH FROM THAT THE COUNCIL WAS INTERESTED IN, I'D LIKE TO TURN IT OVER TO BRYNN NOW TO KIND OF PROVIDE THAT BROAD LEGAL OVERVIEW OF OUR CURRENT SITUATION.

THANKS, TOMMY. BRANT, JUST HANG ON A QUICK SECOND.

SO I HAVE A COUPLE OF FOLLOW ON QUESTIONS FOR YOU, TOMMY.

I JUST ALSO WANTED TO FIRST THANK MR. BUMGARNER AND OUR ELECTED OFFICIAL REPRESENTATIVES AND ALSO MR. SPENCER WHO'S HERE AND WE DO HAVE TRISH FROM TIM PARKER'S OFFICE.

SO I JUST HOPE MAYBE YOU'RE GETTING SOME OF THAT ON FILM TONIGHT, BECAUSE ONCOR NEEDS TO UNDERSTAND THAT THIS IS ABOUT COMMUNITY.

THIS IS ABOUT OUR RESIDENTS.

AND WHEN YOU HAVE YOUR TOWN COUNCIL TRYING TO WORK WITH A PUBLIC UTILITY COMPANY, AND WE REACH OUT TO OUR FELLOW ELECTED OFFICIALS WHO A LOT OF THEM ACTUALLY LIVE IN TOWN.

RIGHT. AND I JUST WANT PEOPLE TO UNDERSTAND THAT THIS IS WHAT MAKES SOUTHERN DENTON COUNTY SO SPECIAL IS THAT WHEN WE HAVE A NEED, THE LOCAL OFFICIALS COME TOGETHER AND WE WORK AND WE COLLABORATE AND WE FIGURE OUT HOW TO GET THINGS DONE, WE CAN'T JUST REGROW ALL THOSE TREES, BUT WE CAN FIGURE OUT HOW NOT TO LET THIS HAPPEN AGAIN.

SO WITH THAT, TOMMY, I WANTED TO ASK, YOU HAD MENTIONED ABOUT FILING FOR A PERMIT.

WE'VE HEARD LOTS OF DIFFERENT THINGS ABOUT WHAT A PUBLIC UTILITY COMPANY CAN AND CANNOT DO AND WHAT CAN REREGULATE DID IN THAT PERMIT, DIDN'T IT? DIDN'T YOU MENTION EARLIER THAT IT INCLUDED TREE TRIMMING? SO THEIR PERMIT DOCUMENT INDICATED THAT TREES WOULD BE TRIMMED? IT DID NOT EXPLORE THE EXTENT OF THE VEGETATION MANAGEMENT THAT OCCURRED ON HIGH ROAD, SPECIFICALLY THAT TREE REMOVALS WERE

[01:00:02]

INVOLVED. SO NOT THAT THEY WERE REQUIRED TO SUBMIT A PERMIT FOR TREE REMOVAL.

IT INITIALLY INCLUDED TRIMMING AND NEVER MENTIONED REMOVING TREES AT ALL.

THAT'S RIGHT. OUR RIGHT OF WAY PERMIT.

WE DON'T REGULATE TREES WITHIN ONCOR EASEMENTS OR WITHIN THE RIGHT OF WAY.

OUR ORDINANCE EXEMPTS NOT ONLY THE PUBLIC UTILITIES, BUT THE TOWN ITSELF.

LIKE WHEN WE DO A ROAD PROJECT, OR WE HAVE TO DO A DRAINAGE PROJECT.

SO THE PERMIT THAT WAS SUBMITTED HAD NOTHING TO DO WITH TREES.

IT WAS SIMPLY A PERMIT TO GAIN OBTAIN PERMISSION TO WORK WITHIN THE TOWN'S RIGHT OF WAY.

OKAY. ON THE PLANS THAT THEY SUBMITTED, IT DID NOTE THAT TREE TRIMMING WOULD OCCUR AND THAT WAS THE EXTENT OF IT.

AND THAT WAS NOT SOMETHING THAT WAS DISCRETIONARY FROM A DISCRETIONARY DECISION ON THE TOWN'S BEHALF, WHETHER OR NOT TO ISSUE THE PERMIT.

DO WE KNOW WHY THEY DIDN'T INCLUDE THE FACT THAT THEY WOULD BE REMOVING TREES? WE DO NOT. OKAY.

BRYNN GO AHEAD, SIR.

SURE. SO I'LL JUST GIVE A BRIEF OVERVIEW AND IF THERE'S ANY QUESTIONS, WE CAN DELVE DEEPER.

BUT THIS THE RABBIT HOLE CAN GO PRETTY FAR.

SO ESSENTIALLY, I THINK A RESIDENT CORRECTLY POINTED OUT THAT THE UTILITIES CODE CONTAINS A SORT OF OMNIBUS AUTHORITY THAT ALLOWS MUNICIPALITIES TO REGULATE HOW FRANCHISE UTILITIES OPERATE WITHIN THEIR TERRITORIAL LIMITS.

THAT IS AN OLDER PROVISION AND SO IN 2005, AND LET ME JUST BACK UP WITH THE ADVENT OF DEREGULATION THAT OCCURRED SEVERAL DECADES AGO, THE LEGISLATURE ADOPTED THE PUBLIC UTILITIES REGULATORY ACT, WHICH IS ALSO IN THE UTILITIES CODE.

IT IS MORE SPECIFIC AND IT IS NEWER.

SO IT TAKES PRECEDENCE AND CARVES AWAY A LOT OF THAT AUTHORITY IN THAT GENERAL OMNIBUS SENTENCE.

HOWEVER, THE CITY OF ALLEN RELIED UPON THAT GRANT OF AUTHORITY, AND THEY ADOPTED A NUMBER OF ORDINANCES UNILATERALLY IN EARLY 2000.

THIS THEY WERE SUED BY ONCOR IN 2005.

ESSENTIALLY THE ENCORE ARGUED THAT THE PUC SETS THE TARIFF AT WHICH THEY CAN PASS ALONG THE COSTS OF SERVING AS AN ELECTRIC DISTRIBUTOR.

RIGHT. SO THEY HAVE A MONOPOLY THEY'RE GRANTED A CCN.

THEY'RE REQUIRED TO ACCEPT ENERGY FROM ALL RETAIL PROVIDERS AND IN EXCHANGE THEY ARE ALLOWED TO INSTALL THEIR INFRASTRUCTURE.

THEY HAVE TO ENTER INTO A FRANCHISE AGREEMENT.

BUT THEY ARE ALLOWED TO RECOUP THEIR COSTS PURSUANT TO THE TARIFF AND SO THE CITY OF ALLEN ADOPTED A POWERLINE BURIAL ORDINANCE.

THEY ADOPTED A POLE SUBSTITUTION ORDINANCE, BASICALLY MANDATING THAT ONCOR SUBSTATION EXCHANGE THEIR WOODEN POLES FOR CONCRETE OR METAL AND THEN THEY ALSO ADOPTED A LANDSCAPING AND SCREENING ORDINANCE AND THE CITY'S CHALLENGED THE ABILITY OF THE PUC TO ACT AS AN APPELLATE BODY FOR THE CITY'S ADOPTION OF THESE ORDINANCES AND THE AUSTIN COURT OF APPEALS FINALLY WENT UP TO THE AUSTIN COURT OF APPEALS, BASICALLY SAID IF YOU REQUIRE ONCOR TO INCUR COSTS THAT THEY'RE NOT ALLOWED TO PASS ALONG THROUGH THE TARIFF PROCESS, THE CITY, WHETHER THEY LIKE IT OR NOT, WHETHER THEY KNOW IT OR NOT, THEY HAVE INITIATED A BRAND NEW RATE CASE.

ESSENTIALLY ARGUING THAT ONCOR SHOULD PAY FOR THESE COSTS WITHOUT CONTRIBUTION FROM THE CITY.

THE DOWNSIDE TO THAT IS ANY NEW RATE CASE THAT'S FILED, WHETHER YOU INTEND IT TO BE A RATE CASE OR NOT, IS SUBJECT TO APPEAL AND OVERRIDE BY THE PUC. THE PUC GETS TO DECIDE WHETHER OR NOT THOSE COSTS ARE LEGITIMATELY INCURRED AND SHOULD AND CAN BE PASSED ALONG TO THE RESIDENTS.

AS YOU KNOW ELECTRICITY PRICES HAVE GONE UP CONSIDERABLY AFTER 2021, AND THE PUC IS RETICENT TO AGREE TO PASS ALONG ADDITIONAL CHARGES IF THEY ARE FOR NON-ESSENTIAL EQUIPMENT YOU KNOW, ESTHETICS, TREES, ETC.

AND SO IT WHILE IT IS A REMAINS A FACT QUESTION WHETHER SOMETHING IMPLICATES ONCOR'S TARIFF OR NOT, ANY ORDINANCE THAT WE ADOPT THAT COULD ARGUABLY IMPOSE UPON ONCOR THE OBLIGATION THAT THEY INCUR ADDITIONAL COSTS THAT THEY'RE NOT ALLOWED TO PASS ALONG COULD BE CHALLENGED THROUGH AN APPEAL TO THE PUC AND THEN THE PUC DECIDES WHETHER OR NOT THEY REALLY WANT THOSE COSTS PASS ALONG AND AS YOU MIGHT IMAGINE, THE PUC MAIN FOCUS IS KEEPING THE LIGHTS ON, NOT KEEPING THE TREES UP.

SECONDLY, WE HAVE A FRANCHISE AGREEMENT.

THEY ARE REQUIRED TO ENTER INTO A FRANCHISE AGREEMENT WITH US THAT LASTS FOR TEN YEARS.

THE LAST ENTERED INTO IN 2016 EXPIRES IN 2026 AND SO THE QUESTION ARISES, WELL, WHY DON'T WE JUST GET TOUGHER WITH ONCOR DURING THE NEGOTIATION PROCESS? IT'S A NEGOTIATION IF THEY WANT TO OPERATE WITHIN OUR CITY.

THE PROBLEM IS THEY HAVE A MONOPOLY TO TRANSPORT ELECTRICITY IN THE TOWN.

SO THERE REALLY IS NO REALISTIC SCENARIO WHERE WE SAY YOU'RE NOT WELCOME TO OPERATE WITHIN OUR RIGHTS OF WAY.

[01:05:02]

THAT'S JUST JUST NOT FEASIBLE AND SO EVERY TIME OUR FIRM RENEGOTIATES THESE CONTRACTS WITH ONCOR FOR ALL OF OUR MUNICIPAL CLIENTS, IT BECOMES AND I DON'T WANT TO DISPARAGE ONCOR.

YOU KNOW, THEY HAVE A PURPOSE, AND THAT IS TO KEEP ENERGY PRICES AS MODEST AS POSSIBLE.

BUT TYPICALLY, EVERY TIME WE RENEGOTIATE THESE CONTRACTS, MORE AND MORE CONCESSIONS DISAPPEAR, AND WE'RE LEFT WITH THE CHOICE.

WELL, DO WE NOT SIGN THE FRANCHISE AGREEMENT? THAT SEEMS LIKE A AN UNREALISTIC OUTCOME, RIGHT AND SO WE DO HAVE SOME CONCESSIONS.

BUT FOR THE MOST PART, ONCOR TELLS US WHAT THEY'RE WILLING TO LIVE WITH.

SO OUR CURRENT FRANCHISE AGREEMENT, NUMBER ONE IF WE ARE TO ADD ANY REGULATIONS TO THE RIGHT OF WAY MANAGEMENT ORDINANCE, ANY ADDITIONAL CONDITIONS, LET'S SAY, NOTWITHSTANDING THE FACT OF WHETHER OR NOT IT MAY BE A RATE CASE, OUR CURRENT FRANCHISE REQUIRES THAT WE GIVE ONCOR THE OPPORTUNITY TO REVIEW AND CONSIDER THEY DON'T HAVE FINAL SAY, BUT DECIDE WHETHER OR NOT THEY WANT TO SUPPORT IT OR OPPOSE IT.

SECONDLY, THERE IS A LAUNDRY LIST OF INSTANCES LISTED IN THE FRANCHISE AGREEMENT WHERE, NOTWITHSTANDING THEIR OTHERWISE AGREEMENT TO SEEK A RIGHT OF WAY MANAGEMENT PERMIT, WHICH IS MINISTERIAL, REMEMBER, STAFF DOESN'T HAVE THE AUTHORITY TO SAY, WELL, I REALLY LIKE THAT TREE, SO I'M NOT GOING TO GIVE YOU THIS PERMIT.

RIGHT. SO THERE IS A LITANY OF EXAMPLES WHERE ONCOR IS NOT EVEN REQUIRED TO SEEK A RIGHT OF WAY MANAGEMENT PERMIT FROM US IN THE FIRST PLACE. THEY CAN GO STRAIGHT INTO THEIR EASEMENT AND DO THE WORK THAT THEY NEED IN ORDER TO BRING ENERGY TO THE COMMUNITY AS A TRANSPORTATION UTILITY AND SO THAT'S REALLY THE, YOU KNOW, THE ISSUE THAT WE'RE FACING THAT IT'S GOING TO REQUIRE COORDINATION WITH ONCOR. WE CAN CERTAINLY OPEN A DIALOG.

YOU KNOW, MY CONCERN, OF COURSE, IS ANYTHING THAT ONCOR AGREES TO DO, ESPECIALLY IN THE FRANCHISE AGREEMENT IN FLOWER MOUND THERE MAY BE OTHER CITIES WAITING IN LINE TO REQUEST THE SAME SORT OF CONCESSION.

AND ONE OF THE THINGS THE COURT SAID THAT STUCK OUT FOR ME IN THE ALLEN CASE IS, REMEMBER, ONCORE'S SERVICE AREA GOES BEYOND THE BOUNDARIES OF ANY TOWN.

SO WHAT YOU'RE REALLY ASKING? AND THE COURT CHASTISED THE CITIES.

IN THIS CASE, YOU'RE REALLY ASKING FOR NONRESIDENTS TO CONTRIBUTE FINANCIALLY TO ESTHETIC IMPROVEMENTS THAT THEY DON'T BENEFIT FROM AND THAT ARE NOT WITHIN THEIR COMMUNITY AND SO THAT'S ALSO PART OF THE DILEMMA THAT WE'RE FACING.

SO WITH THAT'S A QUICK SUMMARY.

I'M HAPPY TO ANSWER ANY QUESTIONS.

THANKS BRYNN. ALRIGHT, SO COUNCIL FOR DISCUSSION BEFORE WE OPEN THE PUBLIC HEARING.

ANY COMMENTS ON THAT? YEAH, I HAVE A FEW.

SO, TOMMY SO YOU MENTIONED THAT ONCOR WAS ISSUED A PERMIT ON SEPTEMBER 7TH, 2023 THAT INCLUDED POLE REPLACEMENT ON HIGH ROAD AND ROLLING HILLS.

NOW, WHEN I DROVE DOWN THERE, IT APPEARED THAT THERE WERE SOME OTHER POLES THAT HAD BEEN REPLACED PRIOR TO THIS MOST RECENT WORK, WHERE THE THERE WAS NOT THE EXTENSIVE TREE REMOVAL, IT WAS THAT PART OF THE SAME PERMIT.

SO I'D HAVE TO WE'D HAVE TO LOOK SPECIFICALLY AT THE POLLS YOU'RE TALKING ABOUT.

BUT EVERYTHING DOWN HIGH ROAD, ROLLING HILLS AND THERE WERE SOME ASSOCIATED WITH THE LINE REMOVAL OVER THE TRIBUTARY.

THAT'S ALL ONE PERMIT IF THEY CAME IN AND DID SOME MAINTENANCE WORK OR REPLACED A POLE THAT WOULD HAVE BEEN UNDER A SEPARATE PERMIT.

THAT WASN'T DONE WITH THIS ROUND.

DO YOU HAVE A SENSE OF WHY THIS MOST RECENT WORK? HAD THE EXTENSIVE TREE REMOVAL, WHEREAS PRIOR WORK RECENTLY DID NOT SEEM TO HAVE THE SAME.

THAT'S MORE OF A OPERATION QUESTION FROM ONCORE.

WHAT WE WERE TOLD IS SINCE THIS AREA THAT ESPECIALLY RIGHT THERE AT THE INTERSECTION OF 1171.

THIS IS THE NEW SECTION OF PHASE 3.

MY UNDERSTANDING IS FROM AN ENGINEERING AND OPERATIONAL STANDPOINT, IT NEEDS GREATER CLEARANCES THAN WHAT WAS ORIGINALLY OUT THERE.

BUT THAT AGAIN, THAT'S MORE OF AN OPERATIONAL ISSUE FOR ONCORE.

SO WE DON'T HAVE A SENSE THAT THEY WERE JUST RUSHING THE JOB, TRYING TO GET IT DONE QUICKLY, MEETING A TIMELINE, AND DECIDED TO CLEAR CUT ALL THESE TREES SIMPLY AS A MATTER OF EXPEDIENCY.

I KNOW THAT WE'VE HEARD RESIDENTS THAT EXPRESS THAT TO US SPECIFICALLY OUR FOLKS THAT WENT OUT THERE TO LOOK AT THE REMOVAL THAT WAS OCCURRED THAT THEY, THE RESIDENTS HAD HEARD FROM THEIR VEGETATION MANAGEMENT CONTRACTOR THAT THEY WERE, THAT THE PROJECT OVERALL WAS RUNNING BEHIND, AND THEY HAD TO GET THE RIGHT OF WAY ESSENTIALLY PREPPED FOR THE ELECTRICAL CONTRACTOR.

SO WE HAVE POLES ON MORRIS UNDER TREES.

[01:10:02]

WE SEE THEM WORKING ON THEM ALL THE TIME, AND WE DON'T SEE THIS SORT OF EXTENSIVE TREE REMOVAL.

BRYNN, QUESTION FOR YOU, LEGALLY, TRANSPARENCY BEING THE GOAL, CAN WE LEGALLY REQUIRE THEM TO DECLARE WHAT TREES THEY ARE GOING TO REMOVE AS PART OF THEIR PERMIT? AND THEN IF THEY GET BEHIND SCHEDULE, WE HAVE THE LEAST THE ABILITY TO REQUIRE A NEW PERMIT BEFORE THEY COME IN AND JUST MAKE THAT CHOICE.

SO AGAIN, NUMBER ONE, WE WOULD HAVE TO SHARE THE ORDINANCE AMENDMENT WITH THEM AND LET THEM WEIGH IN ON IT AND THEN NUMBER TWO, THE QUESTION WILL ALWAYS BE WHAT DOES THAT DO WITH THE COST ASSOCIATED WITH DELIVERING ELECTRICITY AND WHETHER THE COST IS IMPLICATED BY THESE NEW REQUIREMENTS.

BUT IN A VACUUM, I THERE'S NO CLEAR PREEMPTION TO SOMETHING LIKE THAT.

SO I THE SOLUTION TO ME SEEMS TO BE IT SEEMS THAT STATE HAS TO TAKE ACTION.

WE'RE KIND OF OUR HANDS ARE KIND OF TIGHT.

SO I JUST WANT TO MAKE ONE OBSERVATION FOR OUR REPRESENTATIVES.

SO YES, ENERGY IS IMPORTANT.

YES, WE HAD A TERRIBLE STORM THREE YEARS AGO AND IT EXPOSED SOME WEAKNESSES IN OUR GRID THAT WE HAVE TAKEN ACTION TO TRY TO RESOLVE.

BUT A GREAT DEAL OF LEEWAY HAS BEEN GIVEN TO THE REGULATED POLES AND WIRES COMPANIES.

OUR GENERATION IS JUST AS IMPORTANT IN ELECTRICITY DELIVERY.

THEY'RE NOT OFF THE HOOK ON ENVIRONMENTAL MITIGATION.

THEY HAVE TO DO IT IF THEY CLOSE A COAL POWER PLANT, WHICH HAS HAPPENED, THEY HAVE TO GO IN AND CLEAN EVERYTHING UP.

OUR RETAIL ENERGY PROVIDERS IMPACTED CUSTOMERS, TOO.

DURING THAT STORM, PEOPLE HAD TERRIBLE FINANCIAL IMPACTS.

THE REGULATIONS WERE CHANGED GRADY'S OUT OF BUSINESS.

THOSE ENTITIES WERE REVISED FOR SOME REASON.

WE'RE NOT HOLDING POLES AND WIRES COMPANIES TO THE SAME STANDARD.

AND PERHAPS IF THE LEGISLATURE GAVE US A LITTLE MORE AUTHORITY TO AT LEAST HAVE THEM DECLARE WHAT THEY WERE GOING TO DO, THEN WE COULD HELP OUR PUBLIC GET A BETTER OUTCOME.

BECAUSE AS MUCH AS I, TOMMY, YOUR OPTIMISM ON ONCOR WORKING WITH ONCOR AND GETTING BETTER OUTCOMES IN THE FUTURE, I'M NOT AS OPTIMISTIC.

I THINK OUR OUR STATE LEGISLATURE IS GOING TO HAVE TO TAKE SOME ACTION TO GIVE A LITTLE BIT OF POWER BACK TO THE MUNICIPALITIES.

THIS ISN'T THE FIRST TIME THIS HAPPENED.

THIS HAS HAPPENED. IT WON'T BE THE LAST.

SO THAT'S ALL I'LL GET OFF MY SOAPBOX AND LET YOU GUYS TAKE OVER.

THANK YOU. THANK YOU, ADAM.

ANYONE ELSE.

I'LL GO, EVEN THOUGH I'M REALLY STRUGGLING TO FIND THE WORDS TO EXPRESS THE DISGUST I FEEL, THE DISMAY AT THE IRREPARABLE DAMAGE DONE BY THIS NECESSITY.

WE'RE BEING TOLD IT'S A NECESSITY.

OBVIOUSLY WE NEED ELECTRICITY.

WE NEED IT TO BE DELIVERED SAFELY AND RELIABLY.

WE CAN'T REPLACE THE TREES.

WE'VE HEARD, WE DON'T HAVE THE AUTHORITY TO REPLANT IN THAT RIGHT OF WAY.

WE CAN'T REPLANT ON PRIVATE PROPERTY.

IT SEEMS THERE ARE FEW REMEDIES THAT REALLY WILL SATISFY THE ANGER AND THE DISAPPOINTMENT AND THE HURT THAT PEOPLE ARE SUFFERING.

THE ONLY THING I'D LIKE US TO EXPLORE IS HOW WE AS A TOWN, CAN BETTER COMMUNICATE THE EXPECTATIONS.

AND, YOU KNOW, WE'VE HEARD ABOUT THE LAWS AND THE ORDINANCES AND SUCH AND I'D LIKE TO BETTER UNDERSTAND IF THERE'S SOME WAY WE COULD BOIL DOWN THE FACTS AND THE EXPECTATIONS SO THAT OUR RESIDENTS CAN EASILY UNDERSTAND WHAT THE GROUND RULES ARE AND HOW TO COUNCILMAN SCHIESTEL POINT OUR HANDS ARE TIED AT THE LOCAL LEVEL.

THERE'S VERY LITTLE THAT WE CAN DO OR COULD HAVE EVEN DONE IN THIS CASE.

BUT I WOULD LIKE TO LEAN ON OUR LEGISLATORS AND OUR REPRESENTATIVES AND HAVE SOME EXPECTATIONS FOR YOU ALL AND I DO WANT TO BE IN YOUR OFFICE, AND I WANT TO TALK ABOUT THIS MORE AND LEND MY SUPPORT TO ANY KIND OF INITIATIVE THAT YOU CAN CARRY FORWARD TO HELP MITIGATE THIS.

THE LOSSES THAT OUR RESIDENTS HAVE EXPERIENCED AND TO HELP PREVENT THIS FROM HAPPENING AGAIN IN THIS MANNER.

BRIAN, I'D LIKE TO JUST ECHO AND PIGGYBACK ON WHAT YOU JUST SAID.

AND OUR HANDS ARE TIED AT THE LOCAL LEVEL.

WE SAW OUR LOCAL AUTHORITY FURTHER ERODED LAST YEAR WITH THE LEGISLATIVE SESSION.

WITH THIS PARTICULAR ISSUE, POWER AND KEEPING THE LIGHTS ON IS ESSENTIAL AND I UNDERSTAND THE STEPS THAT HAVE BEEN TAKEN.

I UNDERSTAND THE REASONS WHY STEPS HAVE BEEN TAKEN AND THE POWERS GRANTED TO THE UTILITIES TO ENSURE THAT WE AS TEXANS DON'T HAVE TO WORRY ABOUT OUR LIGHTS GOING OFF DURING A WINTER STORM. SO I FULLY APPRECIATE AND GET THAT.

HOWEVER, WHAT HAPPENED IS JUST NOT GOOD.

IRREPARABLE DAMAGE, TREES CAN'T BE REPLACED, VIEWS ARE DESTROYED FROM YOUR HOMES.

YOU HAVE TRANSFORMERS LOOKING OUT YOUR BACK WINDOWS.

IT'S VERY REGRETTABLE AND I CAN'T HELP BUT THINK THAT WITH SOME HELP FROM OUR STATE REPRESENTATIVES.

NOT THAT WE HAVE TO LEVY ADDITIONAL EXPENSES AND ADDITIONAL HARD REQUIREMENTS ON THE UTILITY COMPANIES.

[01:15:03]

BUT IF THERE WERE WAS BETTER NOTIFICATION, BETTER COMMUNICATION, BETTER COORDINATION, YOU KNOW, PERHAPS SOME OF THESE ITEMS COULD BE COULD BE MITIGATED AND NOT I'M NOT NAIVE.

I DON'T THINK THAT ALL TREES COULD HAVE BEEN SAVED.

BUT MAYBE IF WE HAD STARTED THIS COMMUNICATION BETWEEN THE UTILITY, THE TOWN AND THE RESIDENTS EARLIER WITH THE VERY MINIMAL BURDEN TO THE UTILITY, PERHAPS SOME OF THIS COULD HAVE BEEN AVOIDED OR AT LEAST MINIMIZED.

SO I WOULD ENCOURAGE OUR STATE REPRESENTATIVES TO LOOK AT THAT ALONG WITH AND I'LL BE TALKING WITH YOU AS WELL HAVE A FEW OTHER IDEAS, BUT YEAH, HOPEFULLY WE CAN PREVENT THIS FROM HAPPENING EVER AGAIN.

THANK YOU, MR. TAYLOR. ANYBODY ELSE? YEAH. SO I'D ALSO LIKE TO EXPRESS MY FRUSTRATION WITH THIS WHOLE THING.

IT'S BEEN A DISASTER.

I MEAN, A LOT OF THESE TREES WERE 100, 200 YEARS OLD.

I MEAN, IN THE END, IT ALL WE CAN DO AS THE TOWN IS TRY AND HELP BETTER COMMUNICATE WHAT THEY'RE UP TO AND WHAT PERMITS THAT ONCORE IS REQUESTING. I REALLY WANT TO RELAY AND REPEAT THAT.

WE REALLY NEED HELP FROM OUR LEGISLATURE TO TRY AND HELP US BETTER COMMUNICATE TO OUR COMMUNITY.

BETTER WORK WITH ENCORE TO MAKE IT A GOOD PROJECT.

IT JUST SEEMED LIKE THIS WAS RUSHED, AND IT JUST IT SEEMED LIKE IT TURNED INTO A DISASTER.

SO I LOOK FORWARD TO WORKING WITH OUR STATE LEGISLATURE AND TRYING TO IDENTIFY A PATH FORWARD TO HOPEFULLY PREVENT THIS FROM OCCURRING AGAIN.

AND I'D ALSO LIKE TO MAKE SURE THAT WE AS A TOWN, BETTER COMMUNICATE THIS TO OUR RESIDENTS WHEN THESE THINGS ARE GOING TO OCCUR.

SO THANK YOU.

THANK YOU, MR. DREW. SO I'LL GO NOW.

I AGREE WITH EVERYTHING THAT'S BEEN SET UP HERE ALREADY.

YOU KNOW, A FEW YEARS AGO WHEN I WAS ON MY FIRST TERM ON COUNCIL, THERE WAS A COUNCILMEMBER THAT WANTED NOTIFICATIONS ON DEVELOPMENT PROJECTS TO GO OUT TO TOWN CITIZENS.

BETTER NOTIFICATION PROCESS THAN READING IT IN AN AGENDA THAT GOT PUBLISHED THREE DAYS BEFORE THE MEETING.

AND WE ULTIMATELY CAME UP WITH THE DEVELOPMENT NOTIFICATIONS PROCESS WHERE YOU CAN GET SIGN UP FOR AN EMAIL MESSAGE AND SO FORTH.

AND I THINK THAT IF WE CAN DO A BETTER JOB OF WORKING WITH ONCOR TO COMMUNICATE THE INTENSITY OF THE WORK THAT'S GOING TO BE GOING ON AND THE RIGHT OF WAY TO UNDERSTAND WHAT THEIR PLANNING, ACTUALLY PLANNING ON DOING AND GETTING THAT NOTIFICATION SO THAT THE RESIDENTS CAN ACCESS IT, WHO ARE GOING TO BE IMPACTED BY IT, AT LEAST YOU CAN YOU YOU KNOW THAT IT'S COMING RATHER THAN A GUY SHOWING UP OUTSIDE YOUR HOUSE AND HE CUTS DOWN THIS TREE THAT YOU THINK IS, YOU KNOW.

YOURS AND YOU HAVE RIGHT TO, EVEN THOUGH IT'S IN THE RIGHT OF WAY.

AND THEY HAVE THE RIGHT, ACCORDING TO STATE LAW TO DO WHATEVER THEY WANT TO.

UNFORTUNATELY WHEN A TREE IS IN THE RIGHT OF WAY AND SO, YOU KNOW, I, MR. MONTOYA, I'D LIKE TO TO, YOU KNOW, WORK WITH YOU WITH BETWEEN THE TOWN STAFF TO DO A BETTER PROCESS NOTIFICATION AND THEN ALSO MR. BUMGARNER AND ELENA FOR STATE LEGISLATURE, THAT WOULD BE, YOU KNOW, A GREAT DEAL TO TRY AND FIND SOME SORT OF WE'RE NOT GOING TO STOP THEM FROM DOING THE POWER, BECAUSE WE KNOW THAT THAT'S A PRIORITY IN THE STATE, THAT WE HAVE TO KEEP THE LIGHTS ON AFTER WE HAD 2021 STORM, BUT WE DON'T HAVE TO THROW EVERYTHING OUT THE WINDOW FOR THAT.

WE SHOULD BE ABLE TO HAVE SOMETHING THAT PROTECTS RESIDENTS AND PROTECTS YOU KNOW, THE CITIZENS OF TEXAS.

SO WE NEED TO DO SOMETHING ABOUT THAT.

THANKS, JIM. SO I HOPE YOU, THE RESIDENTS THAT ARE HERE.

HAVE LISTENED TO THE TOWN COUNCIL.

YOU'VE LISTENED TO US ASK OUR STATE REPRESENTATIVES FOR HELP.

MR. MONTOYA, THANK YOU FOR BEING HERE TONIGHT.

YOU GOT AWAY WITH IT THIS TIME, OKAY? WE DON'T LIKE TO BE BULLIED.

THIS ISN'T THE FIRST TIME WE'VE TALKED ABOUT ONCORE IN THIS TOWN COUNCIL.

JUST SINCE I'VE BEEN MAYOR.

AND I REALLY HOPE IN THE NEXT THREE YEARS, WE'RE NOT TALKING ABOUT ONCORE AGAIN.

WHAT REALLY UPSET ME AND I PROMISE NOT TO END UP ON YOUTUBE, SO I'LL KEEP IT MILD.

WE DON'T LIKE TO BE BULLIED.

THIS WAS THE WRONG APPROACH.

YOU DID NOT COMMUNICATE WITH US.

YOU CLEARLY HAVE NO IDEA HOW IMPORTANT IT IS IN FLOWER MOUND AND HOW MUCH WE LOVE OUR TREES.

IF IT'S ANY INDICATION OF HOW MUCH WE'VE BEEN TALKING ABOUT THIS ONCORE THIS EVENING, I'M ASKING FOR YOU NOT TO CUT DOWN ANY MORE TREES AND CAUSE ANY MORE IRREPARABLE DAMAGE.

I THINK IT WAS 43 PLUS TREES.

BIG, TREES.

THERE'S NO EXCUSE FOR THAT AS MR. SCHIESTEL POINTED OUT, WE HAVE POWER LINES ALL OVER TOWN WITH TREES UNDERNEATH.

THERE'S CREWS OUT THERE TRIMMING TREES UNDER POWER LINES NEARLY EVERY DAY YET.

NO. INSTEAD OF TRIMMING.

[01:20:01]

FOR WHATEVER REASON, YOU DECIDED TO JUST BLATANTLY COME OUT AND CUT DOWN THOSE TREES.

AGAIN. YOU GOT AWAY WITH IT THIS TIME.

WE'RE NOT GOING TO LET IT HAPPEN AGAIN.

COUNCIL. IS THERE ANYTHING ELSE? I DON'T THINK THAT'LL END UP ON YOUTUBE.

ALL RIGHT, SO THE TIME IS NOW :801, AND I'LL BE OPENING THE PUBLIC HEARING FOR ITEM IN ONE.

AS A REMINDER, IN CASE YOU WEREN'T HERE EARLIER SPEAKERS TONIGHT WILL BE LIMITED TO THREE MINUTES.

WHEN I CALL YOUR NAME, PLEASE COME UP, STATE YOUR NAME AND ADDRESS.

AS TENSIONS TEND TO GET A LITTLE HIGH, IF WE COULD KEEP YOUR COMMENTS TOWARDS US, I WOULD ALSO ASK THAT WE KEEP ANY CHEERING OR APPLAUDING TO A MINIMUM.

OF NOTE, I DO HAVE 13 NON-SPEAKING CARDS THAT WILL BE ENTERED INTO THE RECORD IN OPPOSITION AGAINST ENCORE AND THEIR BLATANT DISREGARD FOR OUR TREES. LEADING US OFF THIS EVENING WILL BE MR. NEIL SEIDNER. NEIL SEIDNER 3965 HIGH ROAD.

UNFORTUNATELY, OUR LOT WAS THE FIRST LOT TO BE ATTACKED BEFORE IT SPREAD TO THE REST OF THE STREET.

SO THE REST OF THE STREET SAW WHAT THEY DID TO OUR PROPERTY AND I BECAME THE POSTER CHILD FOR TREE LOSS.

I WOULD LIKE TO TAKE A MOMENT TO THANK CHRIS, WHO TOOK HIS TIME ON SUNDAY TO COME OUT AND GATHER UP OUR NEIGHBORHOOD LAST WEEK AND HAVE A MEETING WITH ALL OF US.

I HAVE TO COMMEND HIM FOR THAT.

THANK YOU CHRIS. WE DON'T REALLY KNOW WHAT THE MEANING OF THIS WAS, BECAUSE.

MR. MONTOYA TOLD ME THAT THEY ARE NOT CLEARING ANY MORE TREES ON OUR STREET.

THAT PROJECT HAS CLOSED.

THE HARVESTING STUMPS THEY LEFT BEHIND IN THE [INAUDIBLE] THE DAMAGE THAT THEY DID TO IT WITH THEIR HEAVY TRUCKS.

MIGHT GET FIXED SOMEDAY, BUT STILL LAYING THERE WITH MOSQUITO PONDS AND THERE WAS REALLY NO ANSWER WHEN DEALING WITH MONTOYA THAT HELPS BECAUSE HE [INAUDIBLE] LATER WITH THE TEXAS TWO STEP THAT MOVES BACK AND FORTH AROUND ANY PERTINENT ISSUE WHATSOEVER WITHOUT GETTING TO A POINT.

HE BLAMES LOUIS FOR HUMMUS THAT HIS ARBORIST SAID, WHO WAS A WEEK LATE ON A MEETING TO ME.

SO THERE IS NO CREDIBLE ACTION BY MR. MONTOYA TOWARD THE CITY, THE TOWNSHIP, US, ANYBODY AS REGARDS TO OUR PROPERTY, OUR LANDSCAPE, OUR LOVE OF BEING IN FLOWER MOUND.

I ASSURE YOU THAT IF I WENT FOR A HAIR TRIM.

AND I USE THE WORD TRIM AS IT WAS USED OVER HERE, AND THE BARBER CUT RIGHT ACROSS THE TOP OF MY HEAD, I'D BE UPSET.

SO THE TOWN HAS A LIST OF SMALL TREES THAT ARE RECOMMENDED OR ALLOWED. THEY SHOT THOSE OUT, TOO, BUT THEY LEFT ALL THE OTHER ONES ON THE STREET UP, INCLUDING THE TWO DOWN BY LOS [INAUDIBLE] WHEN THEY CLEARED EVERYTHING ELSE OUT BECAUSE THEY REALIZED THEY MADE A MISTAKE ON MINE BUT REFUSED TO REPLACE THEM, EVEN A CONVERSATION WITH HIM TODAY. SO MY BETTER HALF AND I ARE COMPLETELY DESTROYED FINANCIALLY BY HAVING [INAUDIBLE] IN NORTH DALLAS FRONT LAWN LANDSCAPE IN THE TOWN OF FLOWER MOUND [INAUDIBLE].

THANK YOU SIR.

NEXT WILL BE BERT AUBURN? DID I GET THAT RIGHT? BERT AUBURN, 7500 ARABIAN CIRCLE.

I'VE GOT TO ADMIT, I'M A LITTLE BIT SURPRISED TO BE HERE, RIGHT? FLOWER MOUND HAS A REPUTATION FOR WANTING TO KEEP ITS LAND BEAUTIFUL AND ITS TOWN BEAUTIFUL.

IT HAS A REPUTATION, GOOD OR BAD, FOR PERMITTING CAN BE A LITTLE BIT TOUGH TO GET THROUGH.

[01:25:03]

IT DOESN'T SEEM SO IN THIS CASE, AND IT CERTAINLY HAS A REPUTATION FOR WANTING TO KEEP ITS TREES AND WANTING TO KEEP THAT CANOPY.

SO YOU'RE GOING TO HEAR SOME REALLY EMOTIONAL RESPONSES.

I'M GOING TO TRY TO STAY AWAY FROM THAT.

IN THE AGENDA FOR TODAY, YOU HAD A LINK TO THE FRANCHISE AGREEMENT THAT MR. MEREDITH MENTIONED WITH ONCOR, COSERV AND THE TOWN, AND IT READS IN PART THAT THE COMPANY SHALL THE COMPANY, MEANING ONCOR, SHALL RESTORE AT THE COMPANY'S EXPENSE ALL WORK WITHIN THE TOWN'S RIGHT OF WAY TO A CONDITION EQUALLY AS GOOD AS IT WAS IMMEDIATELY PRIOR TO BEING DISTURBED BY THE COMPANY'S CONSTRUCTION, EXCAVATION, REPAIR OR REMOVAL, OR TO A CONDITION AGREED TO UPON BY THE TOWN AND THE COMPANY.

I'M NOT A LAWYER.

YOU HAVE MR. MEREDITH TO DO THIS, BUT IT SEEMED VERY CLEAR TO ME THAT IF ONCOR, IN ITS CONSTRUCTION AREA, IN ITS CONSTRUCTION EFFORTS, TEARS DOWN THINGS, CUTS DOWN THINGS, THAT THEY RETURN THEM BACK TO NORMAL.

I WISH IT WOULDN'T HAVE BEEN DONE, THAT I'M LOCATED TWO HOUSES OFF OF IT.

IT DEFINITELY IT AFFECTS MY VIEW, BUT IT AFFECTS PEOPLE'S PROPERTY VALUES, MY NEIGHBOR'S PROPERTY VALUES.

THAT'S GOING TO AFFECT MY PROPERTIES.

SO I WOULD ASK YOU, HOLD ONCORE AS ACCOUNTABLE AS YOU CAN AS WHAT IS REQUIRED BY LAW.

LIKE I SAID, I'M NOT AN ATTORNEY.

YOU GUYS ARE GOING TO HAVE TO FIGURE THAT OUT, BUT WE'RE COUNTING ON YOU TO DO THAT.

I HATE THAT YOUR HANDS ARE TIED, DO YOUR BEST TO UNTIE THEM.

THAT'S THAT'S WHY WE VOTED YOU IN.

TO MAKE A DIFFERENCE AND TO GO MAKE ACTION EVEN WHEN YOUR HANDS ARE TIED.

FIND WAYS TO GET AROUND THAT.

SO THANK YOU FOR YOUR TIME.

THANK YOU SIR. AND NEXT WILL BE MR. CLARK CANANT. I'M CLARK CANANT LIVE AT 7708 EMERSON LANE.

I'M THE ONE AT THE CORNER OF HIGH ROAD AND 1171 I REMEMBER I'VE SPOKEN TO YOU ALL TWO OUT THERE.

YES. THE TREES ARE JUST DEVASTATING THAT THEY'RE GONE.

I TOLD YOU GUYS LAST TIME THAT THE TREES BEHIND MY HOUSE, WHEN THEY EXPANDED, 1171 WERE TAKEN OUT, AND THE AMOUNT OF NOISE THAT WE'RE GETTING NOW JUST FROM THE SIDE ONES BEING GONE IS EVEN MORE.

WHAT I'M ALSO WORRIED ABOUT IS THE BUZZING OF THAT TRANSFORMER THAT IS IN MY BACKYARD.

IT'S NOT IN THE BACKYARD, BUT IT'S PERFECTLY VISIBLE.

I BUILT A NICE LITTLE OUTDOOR KITCHEN OUT THERE, WHICH I GET TO SIT AND LOOK AT THE TRANSFORMER.

I'M WORRIED ABOUT IT, HAVING ISSUES.

I'VE HAD TRANSFORMERS IN MY BACKYARD BEFORE THAT HAVE EXPLODED, AND THAT'S A BIG ONE IF IT EXPLODES AND I HAVE TRIED TO DO RESEARCH AS FAR AS THERE MUST BE A SETBACK FROM A TRANSFORMER THAT LARGE, I'VE ASKED MR. MONTOYA TO GIVE ME WHAT KILOWATTS IT IS, AND HE'S NEVER GOTTEN BACK TO ME.

BUT I FOUND SOME THINGS WHERE THERE ARE SETBACKS FROM RESIDENTIAL THAT IT NEEDS TO BE.

IT CAN BE VERY EASILY PLACED ON THE NORTH SIDE OF 1171.

EVERYTHING IS IN PLACE.

THEY JUST NEED TO MOVE IT.

AND BY THE WAY, IT'S STRANGE BECAUSE MY HOUSE, I HAVE COSERV.

I DON'T EVEN HAVE ONCOR.

SO. THERE'S NOTHING FOR ME.

THANK YOU SIR.

AND NEXT WE'LL HAVE MISS DEB WEISS.

HI. GOOD EVENING.

DEB WEISS, 7705 EMERSON LANE AND FIRST OF ALL, I'D LIKE TO THANK COUNCILMAN TAYLOR AND DREW FOR COMING OUT AND SPENDING SOME TIME ACTUALLY LOOKING AT THE DAMAGE.

MAYOR FRANCE DID A WONDERFUL VIDEO WHERE HE, YOU KNOW, RECORDED HIS DRIVE DOWN HIGH ROAD AND AGAIN, WAS JUST APPALLED.

AND THEN THE STATE LEADERS, BEN BUMGARNER AND TAN PARKER, WHO ACTUALLY CAME OUT ON SATURDAY, AND MIRACULOUSLY, NONE OF THE TREES THAT WERE TAGGED TO BE REMOVED NO LONGER NEED TO BE REMOVED.

THAT'S GOOD NEWS FOR ALL OF THOSE RESIDENTS.

IT DOESN'T HELP ME.

AT THE CORNER OF HIGH AND EMERSON, WHO LOST 12 TO 14 MAGNIFICENT TREES.

WE BOUGHT THE PROPERTY JUST IN AUGUST BECAUSE OF THE TREES.

SO NOW WE HAVE NOISE, WE HAVE NO PRIVACY, WE HAVE THE ENTRANCE OF OUR WHOLE COMMUNITY.

SO IT'S NOT MY PROPERTY.

IT'S ALL OF THE NEIGHBORS THAT LIVE THERE.

WHEN YOU TURN OFF OF 1171 ON HIGH ROAD, THAT'S WHAT YOU SEE.

WELCOME HOME.

AND OUR NEIGHBORHOOD SAYS LOST CANYON.

IT NEEDS TO SAY LOST TREES.

WE LOOK AT THE LOGO HERE, THE TOWN OF FLOWER MOUND.

THE TREE IS THE PROMINENT THING.

[01:30:01]

SO I GET WHAT YOU KNOW.

ERIC MONTOYA FROM ONCORE IS SAYING IT'S A LITTLE BIT LIKE WIZARD OF OZ WORKING WITH ENCORE.

WE STARTED WITH CHRISTIAN, WHO WAS INVOLVED IN THE TRIMMING, BUT HE WASN'T AN EMPLOYEE OF ONCORE AND THEN WE HAD ERIC AND YOU CAN'T GET A SINGLE POINT OF CONTACT ON THE CBS NEWS COVERAGE THEIR OFFICIAL STATEMENT WAS WE APOLOGIZE THAT THE NECESSARY TREE TRIMMING WAS NOT MADE CLEARER TO EVERY RESIDENT, AND THAT MORE TIME WAS NOT PROVIDED TO ADDRESS RESIDENTS CONCERNS.

WE'RE CURRENTLY REVIEWING OUR NOTIFICATION PROTOCOLS.

THAT WAS FROM KERRY DUNNETT ONCORE.

I DON'T KNOW WHO KERRY DONE AFTER THE REVIEW IS DONE COMMUNICATES WHAT CHANGES, IF ANYTHING WAS MADE.

WE GOT A DOOR HANGER.

WE DON'T EVEN USE OUR FRONT DOOR, BUT WE GOT A DOOR HANGER.

THEN WE DID GET SOMEBODY THAT CAME TO THE DOOR AND SAID, HEY, WE'RE GOING TO PUT IN SOME NEW POLES, OKAY? THEN A COUPLE DAYS LATER, HEY, WE'RE GOING TO TRIM SOME TREES.

OKAY? THEN WE STARTED LOOKING AT HOW THEY WERE TRIMMING THEM, AND THEN THREE DAYS LATER, THOSE SAME TREES THAT THEY SPENT TRIMMING, THEY TOOK DOWN AND AT THAT POINT WHEN THEY SAID THEY WERE GOING TO DO THE TAKE DOWN, I CALLED DEREK'S OFFICE AND I WAS TOLD, WELL, WE'RE AS SURPRISED AS YOU ARE. I DON'T CARE IF YOU RENT HERE, OWN HERE.

I'VE HEARD WONDERFUL THINGS ABOUT THE WAY YOU SERVICE THIS TOWN, BUT THAT IS SOMETHING THAT NO RESIDENT EVER WANTS TO HEAR, ESPECIALLY WHEN ONCORES.

OTHER OFFICIAL STATEMENT WAS THAT THIS WAS NOT UNLIKE OTHER PROJECTS.

THIS WORK IS NOT PART OF ROUTINE MAINTENANCE, INSTEAD MAINT- AND PART OF ROUTINE MAINTENANCE TRIMMING.

INSTEAD, IT'S A CONSTRUCTION PROJECT FOCUSED ON UPGRADING THE POWER LINES TO IMPROVE SERVICE RELIABILITY.

MA'AM, I HATE TO INTERRUPT YOU, BUT YOUR TIME HAS EXPIRED, I APOLOGIZE.

ALL RIGHT, THREE MINUTES GOES QUICK.

COMMUNICATION ENHANCEMENTS WOULD BE GREAT.

YES, MA'AM. ALL RIGHT.

NEXT WE'LL HAVE NICK STOMP.

OKAY. 3525 HIGH ROAD.

I HAD THE LAP OF LUXURY, OF GETTING AHOLD OF THEM PREEMPTIVELY BEFORE THEY CUT A LOT OF THE TREES, I CALLED.

I SPOKE WITH ONE OF YOUR ARBORISTS, WHICH THAT WAS [INAUDIBLE].

THEY CONFIRMED TO ME THEY WEREN'T TAKING ALL THE TREES DOWN ON MY PROPERTY.

ABOUT TEN YEARS EARLIER, THEY TOOK 12 BIG TREES OUT OF MY FRONT YARD, LEAVING IT AS BAD AS THE TOP OF THE ROAD.

LOOKED WITH ME TO REMOVE THE STUMPS.

BUT THE QUESTION I HAD WAS LAST SATURDAY WHEN THIS WHOLE DEBAUCHERY WENT DOWN, I FIND A GUY ON MY FRONT YARD CUTTING DOWN A DESERT WILLOW, A TREE THAT GETS ABOUT 12FT. IT'S NEVER GOING TO MAKE IT TO THE LINES.

I WAS TOLD NOTHING WAS BEING CUT ON MY PROPERTY.

SO WHO'S THE LIAR ONCORE OR THE ARBORIST OR THE TREE COMPANY? SOMEONE NEEDS TO BE HELD ACCOUNTABLE FOR THIS.

SOME OF THE OTHER THINGS I WOULD LOOK AT IF I WAS THE TOWN WAS, I'D PROBABLY COME UP WITH A CREDENTIALING OF SOME KIND OF AN ARBORIST WHO'S NOT LOCAL.

CHARGE THEM.

VERY HIGHLY.

THE OTHER QUESTION I WOULD REALLY REQUEST YOU GUYS LOOK INTO AND TAKE A CREDIBILITY ON ALSO IS I WOULD GO IN TO LOOK AT THE BID PROCESS FOR ENCORE AND THE TREE SYSTEMS. THERE'S A FLAT RATE FOR THE JOB, BUT DO THEY GET A BONUS FOR THE TREES THEY CUT, ADD CHANGE WORK? SURE THEY DO. SOMEBODY MADE A LOT OF MONEY AT THE TOP OF HIGH ROAD.

I EXPECT THE TOWN TO DO SOMETHING ABOUT IT.

THANK YOU. THANK YOU SIR AND NEXT WE'LL HAVE JOHN.

[INAUDIBLE]. SORRY.

I KNOW THAT'S NOT RIGHT.

DIFFICULT NAME.

THANKS. MR. DALTON, THANKS FOR YOUR EXPLANATION.

SIR, CAN WE GET YOUR NAME AND ADDRESS REAL QUICK? THAT'S WHAT WE WERE MISSING, WAS THE SCOPE OF THE PROJECT.

LIKE DEB SAID, WE NEED TO REPLACE TELEPHONE POLES.

I'M NOT AGAINST PEOPLE GETTING RELIABLE ENERGY.

WE NEED THAT I GREW UP IN NORTH DALLAS.

I WATCHED HORSE FARMS GO INTO SUBDIVISIONS LIKE WE'RE HAVING HERE.

I'M NOT BIG ON THAT, BUT PEOPLE HAVE PERSONAL PROPERTY RIGHTS.

THIS DIDN'T JUST IMPACT THE APPEARANCE OF THE NEIGHBORHOOD.

I HAVE A SMALL OWNERSHIP OF THE POND THAT'S ON EMERSON AND IT AFFECTS WILDLIFE.

THERE WERE BIRDS IN THE TREES.

THERE ARE AT LEAST 12 DIFFERENT SPECIES OF BIRDS THAT I SEE OUT MY BACK WINDOW.

I'M SURE THAT'S IMPACTED THE WILDLIFE.

[01:35:01]

WHEN I WAS A YOUNG BOY.

IF I WOULD DO SOMETHING OUT OF LINE, MY MOM WOULD SAY, JOHN, THAT'S QUITE A STUNT YOU JUST PULLED.

AND I THINK THAT'S WHAT ONCORE DID.

WE HAD A HANGNAIL, BUT THEY AMPUTATED.

INSTEAD OF JUST DOING A MINIMAL AMOUNT OF WORK.

AND IT'S HAD A DEVASTATING IMPACT ON THE NEIGHBORHOOD, AND NOT JUST FOR MY PROPERTY AT 7705 EMERSON, BUT AS EVERYBODY ENTERS THE NEIGHBORHOOD ONCOR AND SEMPRA, THE 80% OWNER OF ONCOR, ARE HUGELY PROFITABLE CORPORATIONS.

I DON'T BEGRUDGE THEM.

THEY HAVE A 15% NET PROFIT, 615 MILLION FOR ONCOR, 2.3 BILLION FOR SEMPRA.

I KNOW IT SOUNDS CORNY, BUT I THINK THEY NEED TO DO THE RIGHT THING.

THEY TOOK OUT HUGE TREES ON MY PROPERTY.

SOME OF THEM WERE 40IN ACROSS, AND I UNDERSTAND WHAT THE CITY HAS TO SAY ABOUT.

THEY HAVE THE RIGHT TO CUT TREES.

MR. CHILDERS SAID ENCORE APPLIED AND RECEIVED THE NECESSARY PERMIT AND WERE WITHIN THEIR RIGHT TO CUT THE TREES.

I'M NOT DOUBTING THAT, HE SAID ON MARCH 4TH.

I WISH THE CITY OF FLOWER MOUND WE HAVE A PERMIT PROCESS FOR REMOVING TREES ON NEW SUBDIVISIONS WHEN A PERMIT IS ISSUED.

I WISH THE CITY WOULD AT LEAST PUT A SIGN, SAY, YOU KNOW, WE HAVE IT FOR A NEW DEVELOPMENT, BUT FOR EXISTING PROJECTS, SAY THERE'S GOING TO BE A PERMIT ISSUED AND PUT A NUMBER SO THAT WE CAN CALL THE CITY.

SO IF WE'RE DRIVING BY, WE KNOW WHAT'S GOING ON.

JEFF MARTIN, THE CEO OF SEMPRA, SAYS ALLEN AND I SHARES SEMPRA'S COMMITMENT TO POSITIVELY IMPACTING ITS OWN COMMUNITIES.

AND THAT'S FROM D MAGAZINE, JULY 2018.

THIS HAS NOT POSITIVELY IMPACTED OUR COMMUNITY.

THANK YOU FOR LISTENING.

THANK YOU SIR. THERESA DO WE HAVE ANY MORE GREEN COMMENT CARDS? I DO NOT.

IS THERE ANYONE IN THE AUDIENCE THAT WISHES TO SPEAK DURING THE PUBLIC HEARING? PLEASE STAND UP OR RAISE YOUR HAND.

YES, MA'AM.

SEEING AND HEARING NONE.

THE TIME IS 8:18 AND THE PUBLIC HEARING IS CLOSED.

COUNCIL FOR ADDITIONAL DISCUSSION.

BRYN, CAN WE GET YOUR FEEDBACK ON THE FRANCHISE AGREEMENT LANGUAGE? SURE. I WAS AWARE OF THAT LANGUAGE.

IT'S STILL SUBJECT IN THE FRANCHISE AGREEMENTS, PURELY SUBJECT TO [INAUDIBLE] AND WHETHER OR NOT WE'VE IMPLICATED IT.

IT ALSO SAYS YES, THEY'RE REQUIRED TO RESTORE THE PROPERTY, BUT REALISTICALLY, THAT'S NOT REPLANTING 200 YEAR OLD TREES THAT MAY OTHERWISE INTERFERE WITH THEIR SERVICE AND SO IT BASICALLY SAYS IF ONCOR DOESN'T AGREE THAT THEY DIDN'T RESTORE IT PROPERLY, OUR RECOURSE IS TO GO TO DISTRICT COURT. SO THAT'S SOMETHING WE CAN EXPLORE FURTHER.

IT'S JUST THAT THE LANGUAGE WASN'T ABUNDANTLY CLEAR AS TO WHAT THEIR OBLIGATIONS WERE, OTHER THAN THEY CAN'T LEAVE THE SITE IN A WAY THAT IT DOESN'T AT LEAST PROVIDE SOME RESTORATION TO THE GROUND.

SO THAT'S SOMETHING WE CAN EXPLORE FURTHER IF YOU'D LIKE.

BUT IT JUST WASN'T ABUNDANTLY CLEAR TO ME THAT WE HAD ANY ABILITY TO MOVE FORWARD.

WE ALREADY KNOW ONCOR'S POSITION WAS THEY DID RESTORE IT.

THEY CUT THE TREES DOWN FULLY.

RIGHT. AND SO THAT'S SOMETHING WE CAN CONTINUE A CONVERSATION WITH ONCOR ABOUT.

BUT I DON'T KNOW THAT THAT.

WELL, I BELIEVE THAT IN AND OF ITSELF IS NOT ENOUGH TO REQUIRE THAT THEY PROVIDE SOME REPLANTING OF TREES ON THE PROPERTY.

BRYN, WE DID HEAR SEVERAL RESIDENTS SAY THAT THEY HAD.

TREES OR, YOU KNOW, VEGETATION REMOVED ON MY PROPERTY.

RIGHT. CAN WE DELINEATE SPECIFICALLY WHERE THE RIGHT OF WAY IS VERSUS A PRIVATE PROPERTY AREA? AND THEN IF THOSE SHRUBS OR TREES, LIKE THE DESERT WILLOW THAT WE HEARD ABOUT AND THE CRAPE MYRTLES THAT WE HEARD ABOUT.

IF THEY ARE ON PRIVATE PROPERTY, CAN WE HELP VERIFY THAT? SO THE RESIDENT MAY HAVE A RECOURSE THAT THEY CAN PURSUE.

I'LL DEFER TO TOMMY ON THAT.

SO ONE OF THE CHALLENGING THINGS IS THIS IS AN OLDER AREA OF TOWN AND SO IT'S NOT MODERN PLATS, AS I'LL CALL IT, THAT.

THE EASEMENTS ARE CLEARLY DELINEATED.

SO WE WOULD NEED TO TRY TO FIND WHERE THOSE EASEMENTS ARE PRESUMABLY RECORDED AND DENTON COUNTY.

AND THEN YOU'D HAVE TO HAVE I WANT TO I DON'T WANT TO SAY YOU'D HAVE TO HAVE A SURVEYOR LOCATED, BUT YOU'RE GOING TO HAVE TO GET PRECISE ENOUGH IN ORDER TO DETERMINE WHERE THE

[01:40:06]

ROAD ENDS AND THE SIDEWALK BEGINS IN THAT SITUATION, BECAUSE IT'S NOT CLEAR ON THE GROUND OUT THERE, OBVIOUSLY.

AND WITH THESE OLDER NEIGHBORHOODS IT WOULD TAKE SOMEBODY FAMILIAR WITH SURVEY SURVEYING PROPERTY TO DETERMINE THE LIMITS OF THOSE EASEMENTS.

WELL, IT SEEMS BECAUSE OUR HANDS ARE TIED IN SO MANY WAYS, THIS MIGHT BE SOMETHING TO ONE OF OUR RESIDENTS POINTS THAT, YOU KNOW, OUR HANDS ARE TIED, BUT WHAT CAN WE FIGURE OUT? SO IF THERE'S ANY WAY THAT WE CAN HELP IDENTIFY THOSE AREAS.

AND IT SOUNDS LIKE IT'S DAUNTING, BUT THE DEVASTATION THAT WAS CREATED, WE JUST CAN'T LET IT HAPPEN AGAIN.

TOMMY, WOULD YOU GUYS BE ABLE TO WORK UP A ROM OR SOME TYPE OF ESTIMATE ON WHAT THAT WOULD COST IF WE WERE TO TRY TO CONSIDER MOVING FORWARD WITH THAT AND INCURRING THAT COST? I'M NOT NECESSARILY SAYING WE'RE GOING TO GO AND BRING A WHOLE SURVEY TEAM OUT THERE, BUT IF WE DON'T HAVE ANY IDEA OF WHAT THE ESTIMATES ARE I WOULD JUST LIKE TO NOT NECESSARILY TONIGHT, BUT IN THE FUTURE.

KNOW WHAT TYPE OF YOU KNOW, ESTIMATE THAT WOULD TAKE TO GET SOMEBODY TO ACTUALLY DEFINITIVELY DETERMINE THE.

YEAH. BECAUSE AGAIN, IF WE DON'T THEN THEY'RE GOING TO GET AWAY WITH STUFF.

RIGHT, AND SO I MEAN, I'M NOT SAYING I WOULD JUST LIKE TO KNOW WHAT THE ESTIMATE IS, EVEN IF IT WAS JUST FOR LIKE THE MOST IMPACTED AREA, BECAUSE, I MEAN, HIGH ROAD GOES PRETTY FAR SOUTH.

RIGHT? AND THERE'S A LOT OF ROADS THAT CONNECT TO IT.

BUT IF WE COULD AT LEAST FIGURE OUT SORT OF THE HIGHEST IMPACTED AREA OR, AND, OR THOSE RESIDENTS THAT WERE MAKING THOSE ACCUSATIONS THAT IT WAS THEIR PROPERTY, IF WE COULD DO SOMETHING LIKE THAT, OR AT LEAST I DON'T KNOW, COUNCIL IF WE HAD AN ESTIMATE OR APPROXIMATE.

IT'D BE GOOD TO KNOW WHAT WE'RE LOOKING AT.

WE JUST NEED TO KNOW WHAT WE'RE LOOKING AT.

I MEAN, IT'S LIKE 50, 100 MILLION.

I DON'T DO THIS ALL. YOU KNOW WHAT I MEAN? YOU GUYS, ARE REALLY SUPER SMART, AND YOU DO THIS ALL DAY FOR US, SO JUST.

WE CAN CERTAINLY WORK WITH THE ENGINEERING.

I GUESS MY CONCERN IS HOW WE EXECUTE THAT, BUT SOMETHING WE DEFINITELY WORK WITH OUR ENGINEERING DEPARTMENT AND PUBLIC WORKS. WHO WORKS A LOT WITH SURVEYORS TO KIND OF COME UP WITH A SCOPE AND FEE, IF YOU WILL.

SO I'LL WE'LL TAKE A LOOK AT IT.

I WAS GOING TO SAY SEEMS LIKE YOU WOULDN'T HAVE TO CHECK EACH PROPERTY.

YOU SHOULDN'T HAVE TO CHECK EACH PROPERTY.

BUT, I MEAN, YOU'RE RIGHT.

A LOT OF THOSE AREAS ON HIGH ROAD ARE ARE OLDER.

BUT THERE YOU WOULD THINK THAT THEY WOULD BE SOMEWHAT CONSISTENT.

WITH THE RIGHT OF WAY, YOU KNOW, DISTANCE FROM THE ROAD AND WE HAVE DONE WATERLINE PROJECTS OUT THERE RECENTLY.

SO THAT WOULD BE ONE SURVEYOR I WOULD START WITH.

YEAH, WE JUST REPLACED THE WHOLE WATERLINE ALL THE WAY.

SO I WOULD LOOK AT THAT.

I'D ALSO LOOK AT HOMES THAT HAVE BEEN HAD WORK OR HAD PLATS DONE RECENTLY, AND LOOK AT SURVEYORS THAT HAVE ALSO WORKED IN THE AREA.

BUT NORMALLY WHEN WE'RE AN OLDER AREAS IN TOWN, THAT'S WHERE STAFF STARTS, IS BY LOOKING AT SURVEYORS THAT HAVE DONE WORK RECENTLY IN THE AREA, BUT IT IS A DIFFICULT AREA TO FIND OLD INFORMATION.

YEAH. AND YOU KNOW, YOU MENTIONED SIDEWALKS BUT THERE'S NOT SIDEWALKS OUT THERE, AND BUT I MEAN, IF WE DID THE WATERLINE, WE OUGHT TO BE ABLE TO PULL THAT INFORMATION I WOULD THINK.

AND IF A PROPERTY WERE RECENTLY PURCHASED, WOULDN'T THERE BE A REQUIREMENT FOR THE SURVEY AND THE TITLE TO HAVE? THE LINES OF WHERE THE PROPERTY LINE BEGINS AND ENDS.

SO PERHAPS THE RESIDENTS MIGHT BE ABLE TO HELP US IF THEY HAVE THAT DOCUMENTATION.

YEAH. GENERALLY, ANY RESIDENT OUT THERE WHO'S RECENTLY ACQUIRED THE PROPERTY SHOULD HAVE A RELATIVELY RECENT SURVEY, AND THAT WOULD BE THE EASIEST PLACE TO START.

THEY SHOULD BE ABLE TO TELL BY LOOKING AT THEIR SURVEY WHERE THE EASEMENT IS IN RELATIONSHIP TO THEIR PROPERTY PINS.

SUGGESTION. WE HAD A SUGGESTION FROM ONE OF THE SPEAKERS ABOUT SIGNAGE.

WHEN A PERMIT IS ISSUED FOR RIGHT OF WAY MAINTENANCE BY TO A UTILITY, COULD WE REQUIRE SIGNAGE? IS THAT ANOTHER FRANCHISE AGREEMENT ITEM? THAT'S ANOTHER DISCUSSION ABOUT WHETHER OR NOT THAT'S SORT OF AN UNFUNDED MANDATE THAT WE IMPOSE.

OKAY. TOMMY, DOES THAT GIVE YOU ANY HEARTBURN? IF WE WERE TO REQUIRE THAT.

SO WE WOULD HAVE TO IDENTIFY THE SCOPE.

I MEAN WITH THIS EXTENT OF A PROJECT, WE DON'T SEE A WHOLE LOT, ALTHOUGH I'VE HEARD FROM COSERV AND ONCOR THAT PASSED STATE BILLS RELATIVE TO WINTER STORM URI OR REQUIRING THE UTILITY COMPANIES TO HARDEN THEIR INFRASTRUCTURE.

SO I'M ANTICIPATING THAT WE MIGHT SEE MORE OF THESE AS THEY SHORE UP THEIR INFRASTRUCTURE AND HEAVILY TREED AREAS.

LUCKILY, WE DON'T HAVE A WHOLE LOT OF THEM, SO AS LONG AS WE'RE LIMITED IN THAT SCOPE, I DON'T HAVE A CONCERN IF WE'RE TALKING ABOUT EVERY RIGHT OF WAY PERMIT, WE GET THROUGH ALL OF OUR UTILITIES.

I THINK LAST YEAR THAT WAS 319.

SO THAT'S GOING TO BE A LOT OF SIGN LITTER AND SOME OF THESE SOME OF THE SCOPES OF THESE JOBS ARE PRETTY EXTENSIVE.

[01:45:06]

AND SO IF WE FOLLOW THE ZONING KIND OF GUIDELINE OF EVERY SO MANY FEET, WE HAVE A LOT OF SIGNS IN THE RIGHT OF WAY TRYING TO ALERT PEOPLE TO UPCOMING WORK. BUT IF WE CAN FOCUS ON WHAT THE SCOPE OF THIS TYPE OF PROJECT IS AND IF IT'S RELATIVELY FEW AND FAR BETWEEN, I THINK IT'S WE COULD ACCOMPLISH SOMETHING AND THEN IT BECOMES, IS IT SOMETHING THAT WE'RE GOING TO PUT ON THE UTILITY PROVIDER VERSUS THIS IS A COST THE TOWN IS GOING TO TAKE ON.

IF THE ACTUAL SIGNS ARE NOT FEASIBLE, FOR WHATEVER REASON, COULD WE ADD ANOTHER LAYER TO THE DEV MAP THAT TALKS ABOUT UTILITY EASEMENT WORK BEING PERMITTED, SO THAT AT LEAST PEOPLE COULD SIGN UP FOR NOTIFY ME IF YOU'RE GOING, YOU KNOW, IF YOU LIVE IN A PLACE WHERE THERE'S AN OVERHEAD LINE, IT'S DEFINITELY SOMETHING WE CAN LOOK AT.

AGAIN, IF OUR SCOPE OF OF WHAT WE'RE LOOKING AT ARE THESE TYPES OF PROJECTS AND THEY'RE RELATIVELY FEW, I DON'T SEE I'M NOT.

I'D HAVE TO TALK TO BOB AND HIS GROUP.

I'M NOT DETECTING A HUGE, YOU KNOW, BURDEN ON STAFF IN TERMS OF WORKLOAD.

SO WE CAN CERTAINLY LOOK INTO THAT.

THANK YOU AND I DON'T KNOW THAT WE'LL HAVE THE ANSWER TO THIS, TOMMY, BUT I'LL ASK THE QUESTION.

DO WE HAVE ANY SENSE OF WHAT THE PROXIMITY OF A TRANSFORMER TO SOMEBODY'S HOME SHOULD LEGALLY BE ALLOWED TO BE? IS THERE ANYTHING ON PAPER THAT MIGHT INDICATE WHAT THAT IS NOT IN OUR CODE? THAT'S SOMETHING THAT WE WOULD HAVE TO LOOK THROUGH THE UTILITY CODE ON.

SO, MAYOR, I JUST HAVE A COUPLE NOTES.

I'LL JUST SHARE GOING. LET'S GO.

SO THE THINGS THAT I WOULD LIKE TO SEE, THE TAKEAWAYS THAT I THINK ARE THINGS THAT ARE WITHIN OUR PURVIEW.

SO I WOULD LIKE TO SEE US PURSUE RESTORATION PER THE FRANCHISE AGREEMENT AND MAKE ENCORE TURN US DOWN.

SO TO ME.

THANK YOU. THAT MEANS AT LEAST A 1 TO 1 TREE REPLACEMENT.

OBVIOUSLY, THEY CAN'T REPLACE THE 20 INCH CALIBER TREE, BUT THEY CAN CERTAINLY PUT IN A THREE INCH CALIPER TREE LIKE WE WOULD REQUIRE ALL OF OUR DEVELOPERS TO DO.

I THINK THAT WOULD BE REASONABLE.

IF THEY SAY NO, THAT'S LANGUAGE THEY SIGNED, RIGHT? THEY AGREED TO THAT FRANCHISE AGREEMENT.

SO LET'S TRY TO HOLD THEM ACCOUNTABLE.

AND LAST, IN OUR NEXT FRANCHISE AGREEMENT, LET'S SEE IF WE CAN MAKE THEM DECLARE WHAT TREE REMOVALS WILL BE DONE AS PART OF THE PERMITTING PROCESS AND THEN HOLD THEM TO THAT AND I REALIZED THAT, YOU KNOW, THEY HAVE THE RIGHT TO REMOVE TREES, BUT THEY CAN DECLARE IT.

IT'S TRANSPARENCY AND IT DOESN'T COST THEM ANYTHING AND THEN IF WE CAN TAKE ADVANTAGE OF EITHER SIGNAGE OR SOMETHING IN THE DISCLOSURE PROCESS SO THAT THE PUBLIC KNOWS WHAT'S GOING ON AND CAN GET MORE INFORMATION WHEN THEY NEED IT.

THANK YOU. THANK YOU ADAM.

ANYONE ELSE? COUNCIL.

SO I WANTED TO ALSO BRING UP DCAD.

YOU KNOW, WE HAVE DCAD HERE TODAY.

IS THERE ANY INFORMATION WE CAN PROVIDE TO OUR RESIDENTS TO HELP THEM WITH THEIR PROPERTY TAX APPRAISALS, ESPECIALLY WITH THIS IMPACT? WERE YOU ASKING FOR MR. SPENCER TO COME UP AND TALK IF HE WANTS TO? YEAH. WE'RE NOT TRYING TO PUT YOU ON THE SPOT.

THAT'S FINE. I'LL COME UP.

I APPRECIATE IT. HOLD ON. JUST JUST TO CLARIFY.

HOLD ON JUST ONE SECOND.

JUST TO CLARIFY FOR THE AUDIENCE.

RIGHT. SO THIS IS AN OPEN AGENDA ITEM.

HIS NAME IS PUBLISHED.

WE'VE ALREADY DONE THE PUBLIC HEARING.

AND I KNOW SOME OF YOU HAVE BEEN RAISING YOUR HANDS AND I APOLOGIZE FOR THIS FORMAT.

NOT MY RULES. I DON'T MAKE THE RULES.

BRYN HOLDS US ACCOUNTABLE.

WE'RE NOT ABLE TO HAVE AN OPEN DIALOG BACK AND FORTH.

RIGHT? WE'RE JUST NOT IN THIS SETTING.

SO I APOLOGIZE FOR NOT CALLING ON YOU OR ENGAGING YOU DIRECTLY FROM THE AUDIENCE.

BUT AGAIN, UNFORTUNATELY, THAT'S NOT THE FORMAT.

SO IN CASE ANYONE'S WONDERING WHY PUBLIC HEARING IS CLOSED AND WHY MR. SPENCER IS TALKING, I JUST WANTED TO CLARIFY.

THAT'S HOW THE MEETINGS OPERATE, MR. SPENCER. SO THANKS AGAIN.

DON SPENCER, CHIEF APPRAISER [INAUDIBLE].

JUST TO JUST TO, YOU KNOW, REALLY HIGH LEVEL, YOU KNOW, WE APPRAISE PROPERTY EVERY YEAR AS OF JANUARY 1ST, RIGHT? MARKET VALUE MARKET VALUE IS ESTABLISHED BY OBSERVING THE MARKET.

AND SO, YOU KNOW WHAT I WOULD SAY TO THE RESIDENTS YOU KNOW, I COMPLETELY, YOU KNOW, LISTENING TO, YOU KNOW, ALL THE TESTIMONY AND ALL THE, YOU KNOW, CONCERNS THAT WERE GIVEN TODAY, I UNDERSTAND YOU KNOW, HOW THIS COULD POTENTIALLY IMPACT MARKET VALUE ON A PROPERTY AND WHAT I WOULD SAY TO THAT IS, YOU KNOW, FROM AN APPRAISAL STANDPOINT, WHAT WE'RE GOING TO HAVE TO LOOK AT IS WE'RE GOING TO HAVE TO OBSERVE THE MARKET.

SO, YOU KNOW GENERALLY SPEAKING, YOU KNOW, FOR ANYTHING TO AFFECT THE MARKET, IT WOULD HAVE TO BE OBSERVED IN MARKET TRANSACTIONS AND, YOU KNOW, WE CAN TAKE A LOOK AT A CLOSER LOOK AT THIS AREA AND I'VE TAKEN THE OPPORTUNITY TO WRITE DOWN SOME ADDRESSES FROM, YOU KNOW, FROM SOME FOLKS THAT HAVE SPOKE TONIGHT AND I'M GOING TO GO BACK TO THE OFFICE AND TRY TO LOOK AT THIS AREA SO WE CAN BE AWARE OF YOU KNOW, THE CONCERNS

[01:50:04]

AND, TRY TO MAKE SURE THAT IF THERE IS ANY IMPACT THAT WE DO OBSERVE IN MARKET TRANSACTIONS OVER THE NEXT YEAR, THAT WE REFLECT THAT IN OUR EVALUATIONS.

AND, YOU KNOW, AS ALWAYS YOU KNOW, I'VE BEEN BEFORE THIS COUNCIL BEFORE AND, OTHER TOWNS IN DENTON COUNTY, AND I ALWAYS ENCOURAGE PROPERTY OWNERS WHEN WE SEND OUT OUR APPRAISAL NOTICES, WHICH THEY'LL COME OUT HERE AND, YOU KNOW, ON ANOTHER MONTH YOU KNOW, JUST TO MAKE SURE AND TAKE A LOOK AT THAT AND IF YOU DISAGREE WITH THE MARKET VALUE, YOU KNOW, WE ALWAYS WELCOME PEOPLE TO COME IN AND VISIT WITH US ABOUT THAT AND SHARE ANY KIND OF INFORMATION THAT THEY HAVE.

AND WE WOULD WELCOME THAT AND TRY TO TALK THROUGH, YOU KNOW, WHAT WE'RE OBSERVING.

SO HOPE THAT ANSWERS YOUR QUESTION BUT THANK YOU.

YEAH APPRECIATE IT COUNCIL.

ANYTHING ELSE FOR MR. SPENCER WHILE HE'S UP.

YEAH. MR. SPENCER THE SO IF ONE OF THESE AFFECTED RESIDENTS FEELS LIKE THEIR APPRAISAL DOESN'T REFLECT THE LOSS IN VALUE AND THEY GO TO THE BOARD TO GET SOME RECOURSE, DOES THE BOARD ALLOWED TO TAKE THAT INTO CONSIDERATION? THE APPRAISAL REVIEW BOARD IS GOING TO TAKE ANY EVIDENCE THAT'S BROUGHT TO THEM INTO CONSIDERATION, RIGHT FROM BOTH PARTIES, FROM THE APPRAISAL DISTRICT AND THE PROPERTY OWNER. AGAIN, YOU KNOW, THE ONE THING THAT I WOULD MAKE SURE THAT IS CLEAR TO THE PROPERTY OWNERS IS THAT OUR APPRAISALS ARE AS OF JANUARY 1ST OF EVERY YEAR. AND SO, YOU KNOW, OUR OBSERVATION OF THE MARKET IS GOING TO INDICATE A JANUARY 1ST VALUATION FOR THIS YEAR.

SO WE WOULDN'T EVEN HAVE ANY MARKET DATA THAT COULD POTENTIALLY, YOU KNOW, SHOW ANY KIND OF EFFECTS FROM WHAT HAS TAKEN PLACE.

YOU KNOW, THIS LAST MONTH THERE.

SO THERE'S, YOU KNOW NOT THAT WE WOULDN'T CONSIDER ANY EVIDENCE THAT'S BROUGHT FORWARD, BUT WE'RE ALSO GOING TO HAVE TO RELY HEAVILY ON MARKET DATA.

AND SO, YEAH.

SO THIS WOULDN'T AFFECT THEIR 2023 VALUE, BUT FOR 2024, WHICH WOULD THEY WOULD HAVE A CHANC TO ASK FOR A REVIEW IN 2025.

THEN THEY COULD GET RECOURSE AT THAT TIME.

YEAH. CORRECT. 2024 VALUE IS WHAT WE'RE LOOKING AT RIGHT NOW.

SO THIS WOULD BE MORE OF A, YOU KNOW, POTENTIAL IMPACT TO THE 2025 YOU KNOW, APPRAISED VALUE.

YES, SIR. AND THEY CAN BRING PICTURES AND SHOW IT TO.

ABSOLUTELY. YEP.

OKAY. THANK YOU. YEAH, ANYONE ELSE? THANK YOU, MR. SPENCER.

THANK YOU. SO I JUST HAD ONE OTHER GENERAL QUESTION.

ONE OF THE PUBLIC COMMENTS BROUGHT UP THAT THE TREES WERE TRIMMED AND THEN TAKEN DOWN.

DO WE KNOW WHY THAT WAS DONE? IT SEEMS PRETTY INEFFICIENT.

SORRY, COULD YOU REPEAT THE QUESTION? SO ONE OF THE RESIDENTS BROUGHT UP THAT THE TREES WERE TRIMMED AND THEN THEY WERE CUT DOWN TO THE GROUND? IT JUST SEEMS VERY INEFFICIENT.

DO WE KNOW WHY THAT WAS DONE OR? NOT DIRECTLY.

AGAIN, I THINK SOME OF THE FEEDBACK WE RECEIVE FROM THEIR VM CONTRACTOR IS THAT I.

ACCORDING TO THEIR ARBORIST, THE AMOUNT OF TREE TRIMMING THAT OCCURRED AND STILL NEEDED TO OCCUR WAS NOT GOING TO BE.

HELPFUL FOR THE LONGEVITY OF THE TREE, SO THE DECISION WAS MADE TO REMOVE IT.

SO BASICALLY THESE TREES WERE HERE, THERE FOR HUNDREDS OF YEARS.

LINES WERE INSTALLED.

AFTER THE TREES HAD BEEN LIVING THERE, HAPPILY, MINDING THEIR OWN BUSINESS, PROVIDING SHADE AND MITIGATING STORMWATER RUNOFF AND ALL THE GREAT THINGS THAT TREES DO GIVE US OXYGEN AND POLES WERE PUT IN A PLACE THAT WOULD BE IMPACTED IN FUTURE BY THE TREES.

RIGHT? IS THAT WHAT I'M HEARING? AND THEN NOW ALL OF A SUDDEN, OH, WE NEED THE NEW POLLS AND NOW ALL THE TREES HAVE TO GO.

YEAH, I THINK THAT'S MIND BOGGLING.

I'M SORRY. I JUST HAD TO SAY IT OUT LOUD.

IT'S CRAZY. COUNCIL DO YOU HAVE ANY OTHER ITEMS FOR DISCUSSION? JUST AS A REMINDER, THERE'S NO MOTIONS OR ANYTHING THAT WE'RE GOING TO BE ABLE TO DO THIS EVENING ON THIS.

NOTHING ADDITIONAL.

ALL RIGHT GUYS, WITH THAT, WE'RE GOING TO BE MOVING ON.

WE STILL HAVE A COUPLE MORE THINGS TO GET THROUGH MOVING ON TO ITEM NUMBER TWO TIRZ NUMBER TWO, FINAL PLAN.

[N.2. TIRZ #2 Final Plan - Consider an ordinance approving the Final Project and Financing Plan for Tax Increment Reinvestment Zone number 2 (TIRZ #2) pursuant to Chapter 311 of the Texas Tax Code.]

I THINK WE'RE GOING TO KICK IT OFF AGAIN WITH MISS MARY PETTY.

UNLESS JAMES WAS GOING TO DO AN INTRODUCTION.

JUST BRIEFLY AND MARY, YOU CAN START MAKING YOUR WAY UP FRONT.

SO WE CONVENED THE FIRST TWO BOARD AT 5:00 TODAY.

MARY DID A HIGH LEVEL OVERVIEW OF THE PRESENTATION.

IN THIS SETTING MARY IS GOING TO GO A LITTLE BIT MORE INTENSIVE INTO HER PRESENTATION TO WALK YOU THROUGH OUR FINAL PROJECT AND FINANCING PLAN FOR TIRZ NUMBER TWO AND SHE'S AVAILABLE TO ANSWER ANY QUESTIONS AS IS STAFF.

WELL, GOOD EVENING. GOOD TO SEE YOU AGAIN.

GOOD EVENING, MAYOR AND COUNCIL.

GIVE ME JUST A MINUTE. [INAUDIBLE]

[01:55:14]

REALLY FAST. SO MARY PETTY, P3 WORKS.

WE ARE YOUR TIRZ ADMINISTRATOR.