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01-04-21 Joint TC BOT Agenda PacketTC/BOT Agenda – 01/04/21 Page 1 of 4 TOWN OF WESTLAKE TOWN COUNCIL AND WESTLAKE ACADEMY BOARD OF TRUSTEES JOINT MEETING AGENDA 1500 SOLANA BLVD, BUILDING 7, SUITE 7100, COUNCIL CHAMBER WESTLAKE, TX 76262 January 4, 2021 VIA VIRTUAL MEETING 5:00 P.M. In accordance with Order of the Office of the Governor issued March 16, 2020 and March 19, 2020, the Town Council of the Town of Westlake and the Board of Trustees of Westlake Academy will conduct this joint virtual meeting at 5:00 p.m. on Monday, January 4, 2021 by video and telephonic conference in order to advance the public health goal of limiting face-to-face meetings (also called "social distancing") to slow the spread of the Coronavirus (COVID-19). There will be no public access to the physical location described above. A recording of the virtual meeting will be made and will be available to the public in accordance with the Open Meetings Act. Instructions for public participation in the meeting by video conference and telephonic conference are as follows: By Video: By Telephone: Link: http://bit.ly/tcbot010421 Local: (346) 248-7799 Webinar ID: 814 9713 6817 Webinar ID: 814 9713 6817 Passcode: 020045 Passcode: 020045 Vision Statement An oasis of natural beauty that maintains our open spaces in balance with distinctive development, trails, and quality of life amenities amidst an ever expanding urban landscape. Regular Session 1. CALL TO ORDER 2. CITIZEN COMMENTS: This is an opportunity for citizens to address the Council on any matter whether or not it is posted on the agenda. For those joining by videoconference: Any person desiring to make a public comment using a Windows computer must first press the “Raise Hand” button on the screen. Alternatively, the Alt+Y keyboard shortcut may be used to raise or lower their hand. Any person desiring to make a public comment using a Mac computer must first press the “Raise Hand” button on the screen. Alternatively, the Option+Y keyboard shortcut may be used to raise or lower their hand. For those joining by teleconference: Any person desiring to make a public comment must first press star-nine (*9) on their telephone keypad to “Raise their hand” to speak. Persons joining the meeting by teleconference may mute and unmute their phones by pressing star- 6 (*6). TC/BOT Agenda – 01/04/21 Page 2 of 4 Citizens will be placed in a queue based on the order the hands were raised. The presiding officer will recognize callers based on the order of the queue, where they will be asked to state their name and address. Individual citizen comments are normally limited to three (3) minutes; however, time limits can be adjusted by the presiding officer. The presiding officer may ask the citizen to hold their comment on an agenda item if the item is posted as a Public Hearing. The Council cannot by law take action nor have any discussion or deliberations on any presentation made to the Council at this time concerning an item not listed on the agenda. The Council will receive the information, ask staff to review the matter, or an item may be noticed on a future agenda for deliberation or action. 3. ITEMS OF COMMUNITY INTEREST: Mayor and Council Reports on Items of Community Interest pursuant to Texas Government Code Section 551.0415 the Town Council may report on the following items: (1) expression of thanks, congratulations or condolences; (2) information about holiday schedules; (3) recognition of individuals; (4) reminders about upcoming Town Council events; (5) information about community events; and (6) announcements involving imminent threat to public health and safety. 4. CONSENT AGENDA: All items listed below are considered routine by the Town Council and will be enacted with one motion. There will be no separate discussion of items unless a Council Member or citizen so requests, in which event the item will be removed from the general order of business and considered in its normal sequence. a. Consider approval of the minutes from the Town Council meeting on October 5, 2020. b. Consider approval of the minutes from the Board of Trustees meeting on October 5, 2020. c. Consider approval of Resolution 21-01, Approving the acceptance of a generous donation to be used exclusively for the addition to the Sam and Margaret Lee Arts and Sciences Center located at 2600 J.T. Ottinger Road. d. Consider approval of Resolution 21-02, Approving the authorized signers on the Town of Westlake Depository Accounts with First Financial Bank and TexPool. e. Consider approval of Resolution 21-03, amending the authorized signers on the Town of Westlake Insurance Trust account with First Financial Bank. 5. PRESENTATION AND DISCUSSION REGARDING THE BACK-TO-SCHOOL PLAN FOR THE 2020-2021 ACADEMIC SCHOOL YEAR, INCLUDING UPDATES AND RECOMMENDATIONS REGARDING INFORMATION RELATED TO THE IMPACT OF COVID-19 ON MUNICIPAL AND ACADEMIC OPERATIONS. 6. CONDUCT A PUBLIC HEARING TO DISCUSS CHARTER FIRST 2020 RATING BASED ON SCHOOL YEAR 2018-2019 DATA AND ANNUAL FINANCIAL MANAGEMENT REPORT. 7. DISCUSSION AND CONSIDERATION OF ORDINANCE 918, CALLING AND ORDERING AN ELECTION FOR THE PURPOSE OF ELECTING THREE (3) COUNCIL MEMBERS TO BE HELD ON MAY 1, 2021. TC/BOT Agenda – 01/04/21 Page 3 of 4 8. EXECUTIVE SESSION The Council will conduct a closed session pursuant to Texas Government Code, annotated, Chapter 551, Subchapter D for the following: a. Section 551.087 - Deliberation Regarding Economic Development Negotiations (1) to discuss or deliberate regarding commercial or financial information that the governmental body has received from a business prospect that the governmental body seeks to have locate, stay, or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development negotiations; or (2) to deliberate the offer of a financial or other incentive to a business prospect described by Subdivision (1) for the following: - Deloitte - Potential development on 55.12 acres located at Tracts 7C, 7F, 7G, 7H, 7L and 7M Abstract 648, William Huff Survey, Town of Westlake, Texas, and more generally located at the northeast corner of U.S. Highway 377 and State Highway 170 b. Section 551.071(2) – Consultation with Town Attorney on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with this chapter: Resolution No. 00-19, a Contract with Hillwood Development Corporation Concerning the Design Engineering and Construction of the West Side Pump Station and the Dove Road Waterline. c. Section 551.071(2) Consultation with Attorney – to seek advice of counsel on matters in which the duty of the Town Attorney under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Texas Government Code - FM 1938 access for proposed Southlake development. d. Section 551.071 - Discussion with the Town Attorney regarding pending, threatened, or contemplated litigation regarding drainage matters within Vaquero. e. Section 551.073 – Deliberations Regarding Gifts and Donations. 9. RECONVENE MEETING 10. TAKE ANY ACTION, IF NEEDED, FROM EXECUTIVE SESSION ITEMS. 11. COUNCIL RECAP/STAFF DIRECTION 12. FUTURE AGENDA ITEMS: Any Council member may request at a workshop and / or Council meeting, under “Future Agenda Item Requests”, an agenda item for a future Council meeting. The Council Member making the request will contact the Town Manager with the requested item and the Town Manager will list it on the agenda. At the meeting, the requesting Council Member will explain the item, the need for Council discussion of the item, the item’s relationship to the Council’s strategic priorities, and the amount of estimated staff time necessary to prepare for Council discussion. If the requesting Council Member receives a second, the Town Manager will place the item on the Council agenda calendar allowing for adequate time for staff preparation on the agenda item. TC/BOT Agenda – 01/04/21 Page 4 of 4 13. ADJOURNMENT ANY ITEM ON THIS POSTED AGENDA COULD BE DISCUSSED IN EXECUTIVE SESSION AS LONG AS IT IS WITHIN ONE OF THE PERMITTED CATEGORIES UNDER SECTIONS 551.07187 THROUGH 551.076 AND SECTION 551.087 OF THE TEXAS GOVERNMENT CODE. CERTIFICATION I certify that the above notice was posted at the Town Hall of the Town of Westlake, 1500 Solana Blvd., Building 7, Suite 7100, Westlake, TX 76262, December 31, 2020, by 5:00 p.m. under the Open Meetings Act, Chapter 551 of the Texas Government Code. _____________________________________ Todd Wood, Town Secretary If you plan to attend this public meeting and have a disability that requires special needs, please advise the Town Secretary’s Office 48 hours in advance at 817-490-5711 and reasonable accommodations will be made to assist you. CITIZEN COMMENTS: This is an opportunity for citizens to address the Council on any matter whether or not it is posted on the agenda. For those joining by videoconference: Any person desiring to make a public comment using a Windows computer must first press the “Raise Hand” button on the screen. Alternatively, the Alt+Y keyboard shortcut may be used to raise or lower their hand. Any person desiring to make a public comment using a Mac computer must first press the “Raise Hand” button on the screen. Alternatively, the Option+Y keyboard shortcut may be used to raise or lower their hand. For those joining by teleconference: Any person desiring to make a public comment must first press star-nine (*9) on their telephone keypad to “Raise their hand” to speak. Persons joining the meeting by teleconference my mute and unmute their phones by pressing star-6 (*6). Citizens will be placed in a queue based on the order the hands were raised. The presiding officer will recognize callers based on the order of the queue, where they will be asked to state their name and address. Individual citizen comments are normally limited to three (3) minutes; however, time limits can be adjusted by the presiding officer. The presiding officer may ask the citizen to hold their comment on an agenda item if the item is posted as a Public Hearing. The Council cannot by law take action nor have any discussion or deliberations on any presentation made to the Council at this time concerning an item not listed on the agenda. The Council will receive the information, ask staff to review the matter, or an item may be noticed on a future agenda for deliberation or action. Town Council and Board of Trustees Item #2 – Citizen Comments ITEMS OF COMMUNITY INTEREST: Mayor and Council Reports on Items of Community Interest pursuant to Texas Government Code Section 551.0415 the Town Council may report on the following items: (1) expression of thanks, congratulations or condolences; (2) information about holiday schedules; (3) recognition of individuals; (4) reminders about upcoming Town Council events; (5) information about community events; and (6) announcements involving imminent threat to public health and safety. C alendar of Meetings/Events: Westlake Academy CLOSED for Christmas Holiday Thursday, December 21st through Monday, January 4th. January 5th: Teacher’s professional developmental day Town Council/Board of Trustees Joint Session/Meeting Monday, January 4, 2021; 5:00 pm* Westlake Town Hall, Solana Terrace-Bldg.7, Suite 7100 - via Teleconferencing Planning & Zoning Meeting Monday, January 11, 2021; 5:00 pm* Westlake Town Hall, Solana Terrace-Bldg.7, Suite 7100 - via Teleconferencing Westlake Municipal Offices CLOSED for Dr. Martin Luther King, Jr. Holiday Friday, January 18th, 2021 Town Council/ Board of Trustees Joint Session/Meeting Monday, January 25, 2021; 5:00 pm* Westlake Town Hall, Solana Terrace-Bldg.7, Suite 7100 - via Teleconferencing *Reminder: Agendas for all municipal/academic meetings are posted a minimum of 72 hours before the meeting begins and can be found on our Town’s website under the tab “Government/Agendas & Minutes.” **For meeting agendas and details on WA calendar events or Municipal calendar events, please visit the Westlake Academy website or the Town of Westlake website for further assistance. Town Council and Board of Trustees Item # 3 – Items of Community Interest CONSENT AGENDA: All items listed below are considered routine by the Town Council and will be enacted with one motion. There will be no separate discussion of items unless a Council Member or citizen so requests, in which event the item will be removed from the general order of business and considered in its normal sequence. a. Consider approval of the minutes from the Town Council meeting on October 5, 2020. b. Consider approval of the minutes from the Board of Trustees meeting on October 5, 2020. c. Consider approval of Resolution 21-01, Approving the acceptance of a generous donation to be used exclusively for the addition to the Sam and Margaret Lee Arts and Sciences Center located at 2600 J.T. Ottinger Road. d. Consider approval of Resolution 21-02, Approving the authorized signers on the Town of Westlake Depository Accounts with First Financial Bank and TexPool. e. Consider approval of Resolution 21-03, amending the authorized signers on the Town of Westlake Insurance Trust account with First Financial Bank. Town Council and Board of Trustees Item # 4 – Consent Agenda TC Minutes – 10/05/20 Page 1 of 4 MINUTES OF THE TOWN OF WESTLAKE, TEXAS TOWN COUNCIL MEETING October 5, 2020 In accordance with Order of the Office of the Governor issued March 16, 2020 and March 19, 2020, the Town Council of the Town of Westlake conducted its regular meeting following the Board of Trustees meeting at 5:00 p.m. on Monday, October 5, 2020 by video and telephone conference in order to advance the public health goal of limiting face-to-face meetings (also called "social distancing") to slow the spread of the Coronavirus (COVID-19). There was no public access to the physical location described above. A recording of the telephonic meeting was made and is available to the public. PRESENT: Mayor Laura Wheat and Council Members Carol Langdon, Greg Goble, Alesa Belvedere, Rajiv Trivedi, and Rick Rennhack. ABSENT: OTHERS PRESENT: Town Manager Amanda DeGan, Deputy Town Manager Noah Simon, Assistant Town Manager Jarrod Greenwood, Town Attorney Stan Lowry, Town Secretary Todd Wood, Director of Information Technology Jason Power, Director of Finance Debbie Piper, Director of Facilities & Public Works Troy Meyer, Director of Administrative Services Ginger Awtry, Communications Manager John Sasser, Business Manager Marlene Rutledge, Budget & Financial Analyst Kelsey Wong, and Jeri Harwell from Republic Services. Regular Session 1. CALL TO ORDER Mayor Wheat called the Regular Session to order at 8:50 p.m. 2. CONDUCT A PUBLIC HEARING REGARDING AN ORDINANCE SUPPORTING A NOMINATION TO CHARLES SCHWAB & CO., INC. FOR THE SUBMISSION OF AN APPLICATION TO THE OFFICE OF THE GOVERNOR ECONOMIC DEVELOPMENT AND TOURISM, THROUGH THE ECONOMIC DEVELOPMENT BANK AS AN ENTERPRISE PROJECT, DISCUSS TAX AND OTHER INCENTIVES AVAILABLE TO QUALIFIED BUSINESSES LOCATED IN THE TOWN OF WESTLAKE. This item was withdrawn prior to the meeting by the applicant. TC Minutes – 10/05/20 Page 2 of 4 3. CONSIDER APPROVAL OF ORDINANCE 916, PROVIDING A SUPPORTING NOMINATION TO CHARLES SCHWAB & CO., INC. FOR THE SUBMISSION OF AN APPLICATION TO THE OFFICE OF THE GOVERNOR ECONOMIC DEVELOPMENT AND TOURISM, THROUGH THE ECONOMIC DEVELOPMENT BANK AS AN ENTERPRISE PROJECT, DISCUSS TAX AND OTHER INCENTIVES AVAILABLE TO QUALIFIED BUSINESSES LOCATED IN THE TOWN OF WESTLAKE. This item was withdrawn prior to the meeting by the applicant. 4. CITIZEN COMMENTS No one addressed the Town Council. 5. PRESENTATION AND DISCUSSION REGARDING THE RENEWAL OF THE SOLID WASTE AND RECYCLING SERVICES CONTRACT WITH REPUBLIC SERVICE. Director of Public Works and Facilities Troy Meyer introduced this item. He began by providing information regarding Fall Cleanup Day. Presently, staff is working with the City of Fort Worth to have the ability to dispose of paint products, along with a third-party vendor for the disposal of electronic items. It is anticipated that specific information will be obtained by the end of the week. Mr. Meyer provided a brief PowerPoint presentation regarding the proposed contract renewal with Republic Services for waste and recycling services. He began with the history of this contract, where a 10-year contract was executed in 2001 with Allied Waste Services (now Republic Waste Services). In 2010, a five-year contract extension was approved. An additional 5-year extension was approved in 2015. The 2015 contract contained a clause that there would be no rate increases for three (3) years, and Council approved a 5% rate increase, with an 11% increase in 2018. Currently, Educational programs are also included in this contract for all stakeholders, along with no fees for dumpsters at Town facilities or for Cleanup Days, which occurs two (2) days per year. Mr. Meyer asked for Council direction as to whether the handling of “Green Waste” (comprised of grass and other organic materials) should be modified and priced accordingly in the upcoming contract proposal. Ms. Jeri Harwell from Republic Services addressed questions from the Town Council. She noted that most of the bulk waste that is collected in Westlake is “Green Waste”. She stated that Green Waste goes into the landfill, rather than into the compost area of the landfill. She indicated while rate increases are necessary for waste and recycling services in the upcoming contract, these services can be tailored in the contract to accommodate Westlake’s needs. If bulk pickup is reduced from two (2) days per month to one (1) day per month to allow for one (1) Green Waste pickup, it would require education for the landscapers and residents. She noted that the contract could remain the same, with the option to add a Green Waste program during the contract period or create a pilot Green Waste Program in the Spring is an option to gather data moving forward. 6. EXECUTIVE SESSION The Town Council did not convene into Executive Session. TC Minutes – 10/05/20 Page 3 of 4 7. RECONVENE MEETING The Town Council did not convene into Executive Session, therefore it was not necessary reconvene the meeting. 8. TAKE ANY ACTION, IF NEEDED, FROM EXECUTIVE SESSION ITEMS. None. 9. FUTURE AGENDA ITEMS: Any Council member may request at a workshop and / or Council meeting, under “Future Agenda Item Requests”, an agenda item for a future Council meeting. The Council Member making the request will contact the Town Manager with the requested item and the Town Manager will list it on the agenda. At the meeting, the requesting Council Member will explain the item, the need for Council discussion of the item, the item’s relationship to the Council’s strategic priorities, and the amount of estimated staff time necessary to prepare for Council discussion. If the requesting Council Member receives a second, the Town Manager will place the item on the Council agenda calendar allowing for adequate time for staff preparation on the agenda item. None. 10. COUNCIL RECAP/STAFF DIRECTION None. 11. ADJOURNMENT There being no further business before the Council, Mayor Wheat asked for a motion to adjourn the meeting. MOTION: Council Member Langdon made a motion to adjourn the meeting. Council Member Goble seconded the motion. The motion carried by a vote of 5-0. Mayor Wheat adjourned the meeting at 9:39 p.m. ANY ITEM ON THIS POSTED AGENDA COULD BE DISCUSSED IN EXECUTIVE SESSION AS LONG AS IT IS WITHIN ONE OF THE PERMITTED CATEGORIES UNDER SECTIONS 551.071 THROUGH 551.076 AND SECTION 551.087 OF THE TEXAS GOVERNMENT CODE. TC Minutes – 10/05/20 Page 4 of 4 APPROVED BY THE TOWN COUNCIL ON JANUARY 4, 2020. ATTEST: _____________________________ Laura Wheat, Mayor __________________________ Todd Wood, Town Secretary BOT Minutes – 10/05/20 Page 1 of 10 MINUTES OF THEWESTLAKE ACADEMY BOARD OF TRUSTEES MEETING October 5, 2020 In accordance with Order of the Office of the Governor issued March 16, 2020 and March 19, 2020, the Board of Trustees of Westlake Academy conducted a virtual meeting at 5:00 p.m. on Monday, October 5, 2020 by video and telephonic conference in order to advance the public health goal of limiting face-to-face meetings (also called "social distancing") to slow the spread of the Coronavirus (COVID-19). There was no public access to the physical location described above. A recording of the telephonic meeting was made and is available to the public. PRESENT: President Laura Wheat and Trustees: Carol Langdon, Greg Goble, Alesa Belvedere, Rick Rennhack, and Rajiv Trivedi. ABSENT: OTHERS PRESENT: Superintendent Amanda DeGan, Deputy Town Manager Noah Simon, Assistant Town Manager Jarrod Greenwood, School Attorney Janet Bubert, Town Attorney Stan Lowry, Town Secretary Todd Wood, Director of Information Technology Jason Power, Director of Finance Debbie Piper, Director of Facilities & Public Works Troy Meyer, Director of Administrative Services Ginger Awtry, PYP Principal Rod Harding, Assistant PYP Principal Beckie Paquin, MYP Principal Kaylene Rudd, DP Principal/DP Coordinator Dr. James Owen, College Counselor Carl Tippen, Special Education Coordinator Mrs. Shannon Ward, Communications Manager John Sasser, Business Manager Marlene Rutledge, Budget & Financial Analyst Kelsey Wong, and Registrar Kimberly Gardner. Regular Session 1. CALL TO ORDER President Wheat called the Regular Session to order at 5:04 p.m. 2. CITIZEN COMMENTS BOT Minutes – 10/05/20 Page 2 of 10 President Wheat provided a brief summary of instructions to the public for citizen comments. Dr. Anna White addressed the Board and began by asking if there would be any Board discussion during the citizen comments portion. President Wheat replied that she assumed that there would be some discussion, provided that the item was listed on the agenda, noting that an agenda item regarding the Back-to-School Plan which included information regarding on-campus and virtual instruction. Dr. White then asked if she would wait until that report to speak, as she felt that most citizen comments would pertain to this item. President Wheat replied that she would be happy to come back to her for comments at that time, and that this agenda item may be brought forward to an earlier time in the meeting to allow for citizen comments. President Wheat then asked if the agenda item regarding the Special Education Policy be considered at the end of the meeting. There were no objections from the Board of Trustees. 3. ITEMS OF COMMUNITY INTEREST: Communications Manager Jon Sasser provided an update on this item. Census Numbers: Westlake’s participation rate for the 2010 census was 74.8%, and the participation rate for the 2020 census was 74.4%. While this was slightly less than the 2010 census, the participation number was below 70% several weeks ago, and the additional participation that has occurred in this short period of time is encouraging. Scenic City Certification: The Town Westlake recently received the Scenic City platinum- level certification. This award is based on several categories, including public roadways, public standards of the community, parks, and trails. The Town received a near-perfect score in every category. Last year, only 17 (seventeen) municipalities received this level of certification. Fall Cleanup: This event is scheduled for October 24th and will allow Westlake residents to bring various types bulk waste and other items for disposal. This will take place at the former fire station, located on 2900 Dove Road from 9 a.m. to 11 a.m., and identification will be required. Upcoming meetings: Upcoming public meetings will be posted as virtual only through the end of the year. Updates will follow regarding meetings in 2021. The next Town Council meeting is scheduled for October 26, 2020 at 5:00 p.m. via telephonic and video conference. Virtual Coffee and Conversation with the Mayor: This event is tentatively scheduled for the following week and would be held via Facebook Live and/or Zoom video conference. 4. REPORTS: Reports are prepared for informational purposes and will be accepted as presented, and there will no presentations associated with the report items. There will be BOT Minutes – 10/05/20 Page 3 of 10 no separate discussion unless a Trustee requests that report be removed and considered separately. a. TEA Required Asynchronous Plan Report. Superintendent Amanda DeGan presented this item. She stated that the Academy has submitted this report in a timely fashion using a TEA-approved template, and reports would be returned for corrections, if necessary. She noted that the report was very comprehensive, and thanked Dr. Bryson and her team for their diligent efforts with the completion of this report. 5. DISCUSSION AND CONSIDERATION OF A RESOLUTION 20-13, APPROVING UPDATES TO THE SPECIAL EDUCATION POLICY. President Wheat requested that this item be discussed following Item #6 on the agenda. There were no objections from the Board. Superintendent DeGan presented this item, noting that this document is required to be updated every two (2) years, and this update did not contain anything that was out of the norm from previous updates. Special Education Coordinator Mrs. Shannon Ward informed the Board that she has reviewed the documents provided from the Texas Charter School Association (TCSA) and there were no significant changes. She stated that all of the language in the document is consistent with any required updates. MOTION: Trustee Goble made a motion to approve Resolution 20-13. Trustee Rennhack seconded the motion. The motion carried by a vote of 5-0. 6. DISCUSSION REGARDING THE BACK-TO-SCHOOL PLAN FOR THE 2020-2021 ACADEMIC YEAR, INCLUDING UPDATES REGARDING VIRTUAL AND ON-CAMPUS STUDENT INSTRUCTION. President Wheat requested that this item be discussed following Item #4 on the agenda. There were no objections from the Board. Superintendent Amanda DeGan presented this item. She stated that she had a brief PowerPoint to present to the Board. She began by noting that Westlake Academy began with a four (4) week delay at the beginning of the school year to re-open the campus at the discretion of the Superintendent. During this time, staff has modified various areas on the campus to ensure the safety of staff and students. Additionally, procedures have been developed or modified for sporting events, drop-off and pickup of students, providing lunch services, controlling traffic flow, and implementing PPE (Personal Protective Equipment) protocols on campus. These processes will be continually reviewed. Ms. DeGan then noted that in order to help mitigate the spread of the virus, the Back-to- BOT Minutes – 10/05/20 Page 4 of 10 School Plan was developed with the goal of creating a safe campus for staff and students. This plan utilizes a “layered” approach to protocols, and also implemented a remote learning option for all grades, as well as a “hybrid” option for Grades 9-12. She then stated that this pandemic is unlike any other time in recent history, and schools are at the forefront of public health. At this time there are no confirmed cases at Westlake Academy; however, this should not give anyone a false sense of security. Ms. DeGan then asked the Section Principals to provide an update regarding their experiences on campus. MYP Principal Kaylene Rudd addressed the Board. She stated that some of the processes that have been a point of focus were morning drop-off, afternoon pickup, and this is going well based on parental feedback. Students have taken these protocols very seriously. Lunchtimes have been expanded to four (4) sections to ensure the timeliness of lunch delivery, and it has been working well. The use of technology has provided teachers and students with an equitable learning environment, and teachers have been able to successfully engage with their classes while ensuring proper interaction between students and peers. She noted that students have struggled somewhat with desk shields, as this has required them to make adjustments to the classroom learning experience. DR Principal Dr. James Owen then addressed the Board. He began by stating that he has made many observations and received significant feedback regarding positive aspects and areas of opportunity to improve the on-campus learning experience. Regarding the positive aspects, he stated that DP teachers have worked incredibly hard with students utilizing both the remote learning option and the hybrid learning option. He noted that he has observed a great deal of engagement between students and teachers this year. He explained that assessment tools were being utilized to assist DP students, noting that current data shows that remote students and on-campus students are performing well with assessments. Dr. Owen then stated that there have been some technological challenges, notably with internet bandwidth. He closed by stating that he was very proud of the students and staff during this time. PYP Principal Rod Harding then addressed the Board. He began by stating that the protocols that are in place are very important, and without these protocols, learning would not be possible. He noted that desk shields could be improved, and staff is currently improving the drop-off and pickup processes. He stated that water fountains have been shut off and have been replaced by water bottle re-filling stations. Recess periods are continually supervised for the safety of students and staff. He noted that he has been very impressed with resilience of teachers and the use of classrooms to maximize learning. Collaboration has been emphasized to support “voice, choice, and ownership” in the classroom. He said that one challenge is maintaining the integrity of written curriculum, as the learning environment has changed. The school schedule has been a challenge for some students, as approximately 60 (sixty) additional PYP students have migrated to the in-person instructional option. He then noted that another challenge was to properly have student group meetings in the afternoons to support their educational progress. President Wheat thanked the Section Principals for the incredible job that they were doing. Superintendent DeGan then provided the Board with COVID-19 statistics statewide, as well as statistics for Keller ISD, Carroll ISD, and Northwest ISD separated by students and staff. BOT Minutes – 10/05/20 Page 5 of 10 Mrs. DeGan then shared some feedback that she has received from parents. President Wheat then opened the meeting for Citizen Comments. Dr. Anna White addressed the Board and asked if she could share her screen for a presentation to the Board. President Wheat agreed. Dr. White began by thanking the Board for hearing her comments. The presentation was called “Return for High School Student…How and Why”. Dr. White’s presentation began with those schools who have been able to re-open successfully, as this has been successful in other countries and several Independent School Districts in the State of Texas. She stated that high school students were at a very low risk for infection, and the emotional and psychological development at this stage was paramount and is a key component for mental health in this age group. She then showed the suicide statistics reported by Cook Children’s hospital, which were double from the previous year. She then stated that she is a strong proponent of wearing masks; yet questions whether social distancing should be 2 (two) feet or six (6) feet, as the CDC (Center for Disease Control) has no referenced sources within their guidelines showing six (6) feet as a standard. The CDC only references six (6) feet to maximize safety and the reduction of transmission. Other groups (World health Organization and the American Academy of Pediatrics) use the standard of three (3) feet. She noted that data from other countries support the conclusion that three (3) feet of social distancing results in no increase in community spread rates. She stated that our students are our priority, and this should remain front and center. She then said that she viewed Westlake Academy’s small size as an advantage, and that individuals need to determine their own risk tolerance regarding COVID-19, accepting the outcome of their choices. Finally, she stated that there should be acceptance for those who have differing risk tolerances regarding this pandemic, as this goes both ways. President Wheat thanked Dr. White for her comments. Mr. Wayne Stoltenberg addressed the Board and expressed his appreciation for the efforts of the Board and staff members, noting that there is no guidebook or roadmap for this pandemic. He began by stating that while his position primarily focused on Grades 9-12, he took to heart some of the comments from Mr. Harding. He noted that students wanted to be in front of their teachers, and there is no difference between PYP and DP students. He questioned the effectiveness of the hybrid learning option, noting that it would be difficult to provide an effective in-person educational program when mixed with the hybrid option. He stated that he didn’t think the objective should be to prevent infections among 100% of the non-vulnerable population, as this standard would do more harm than good. He then stated that if his child were infected, he would not hold the Board or any staff member responsible, as he chooses to accept responsibility for any choice he makes by not opting for one of the off-campus educational options. Mr. Harding responded that he wanted to reiterate his position that he feels that the measures being observed at Westlake Academy are working, and he is not advocating for 100% in-person learning until the community spread has lowered and it is proven safe that all students may return to campus. He then stated that at this point, Westlake Academy has been successful in our efforts, and these efforts should continue. BOT Minutes – 10/05/20 Page 6 of 10 Mr. Steven Bernard then addressed the Board. He expressed support for the points made by Dr. White and Mr. Stoltenberg. He stated that while he felt it was great thing to protect students while at school, we cannot regulate family life. He noted that the effectiveness of paper or cloth masks is approximately 15-30 minutes. He then stated that one of his children was informed by a Principal that their face covering was not acceptable, and TEA has given schools the authority to enforce this standard. Mr. Bernard then stated that he has reviewed the TEA guideline document dated September 24, 2020 and this document had not changed as of today. Therefore, he is concerned that the information that is being passed down from administration to students is not accurate. Mr. Bernard then asked how many students did not return for the 2020-2021 school year, as he had noticed that the lottery was larger than in previous years. President Wheat thanked Mr. Bernard for his comments. School Attorney Janet Bubert commented that while the TEA document provided recommendations for face coverings, there is presumably a level of discretion as to what could be required by schools at the local level. She noted that the Governor’s Office, TEA, and the Attorney General’s Office has encouraged local agencies to determine these standards based on their individual local circumstances and adopt standards that make sense to address those circumstances, which may include discretionary criteria. Mrs. Jeanette Connelly then addressed the Board. She began by saying that she appreciated Dr. White’s presentation, and felt it was important to balance the physical and mental health of our students. She then explained that her child chose the hybrid option, and they were initially excited about this choice. Shortly after beginning this program, the child experienced instances where the teacher had their back to students attending the class remotely. Additionally, breaks required her child to obtain a pass to leave the classroom, and her child was concerned that a lecture might be missed. As a teacher, Mrs. Connelly expressed appreciation for the hard work of the staff; however, she felt that the picture that is being painted is not accurate. President Wheat thanked Mrs. Connelly for her comments. Mr. Chris Connelly then addressed the Board. He said that he felt that Westlake Academy’s approach to the pandemic was extreme. He felt that students should be able to eat outside and utilize the facilities around campus more freely, especially since they were congregating after school or during sporting events. He felt that the approach that is taken should be more lenient, especially since the curve has flattened. President Wheat thanked Mr. Connelly for his comments. Mr. Brad Swearingen then addressed the Board. He began by stating that he felt everyone was working in extreme measures and applauded the staff for their efforts. He then asked Superintendent DeGan on the frequency that communication is delivered to Westlake Academy, and whether that information is filtered upward to the Board of Trustees. Mrs. DeGan replied that if it is an operational matter, it is communicated to the school. If it is a governance or policy issue, this information is shared to the Board at public meetings or provided on an as-need basis between meetings due to the pandemic and the Board’s connections with the community. Mr. Swearingen stated that he felt that a lot of the information given by staff was a “lot of fluff”, and contrary to information he has received from students and teachers. He also felt that communication was lacking with the Board, and this should be more frequent to provide guidance in order to follow the right path. He BOT Minutes – 10/05/20 Page 7 of 10 felt that Westlake Academy could lead the way in overcoming the pandemic with less restrictions. Mr. Swearingen then provided his opinion that a face covering is a face covering; if you must sneeze, simply walk away. He then stated that during flu season, this would also result in a positive COVID test, and CDC numbers cannot be relied upon since they have changed their own numbers so many times. He then said that if the school were to continue with current facemask standards, then these masks should be changed frequently. He then expressed that the hybrid learning option is a disaster. He then asked what plans would be in place for flu season. Mrs. DeGan explained that the protocols that are in place are based on TEA guidelines and provide procedures that would be followed when a case arose that displayed symptoms of either illness. These procedures were also based on the input of multiple local physicians, and can be modified moving forward, if necessary. Mr. Swearingen stated that kids come first, and he was disappointed in the position of some teachers regarding their position to return to the campus, as this is what they signed up for as educators, much like first responders. President Wheat said she appreciated his thoughts on this matter. She also stated that she wanted to address the contrast between first responders and teachers, noting that she was reminded that during school safety preparations, a question of armed teachers on campus was presented. The response from the Keller Police Chief was, “No. We are trained to run into a building, and you are not.” In this context, she conveyed that this was part of the holistic approach that has been taken, as everyone on campus is of great value. Mr. Swearingen stated that he wanted safety for all as well; yet was disappointed in hearing that some teachers wanted to leave at the beginning of the year. He wanted the mentality to change to “we’re all in this together”, rather than implementing procedures that focused on the safety of the staff. President Wheat thanked Mr. Swearingen for his comments. Mrs. LeAnne Peters then addressed the Board. She indicated support for Dr. White’s presentation and noted that her child had a very good experience at Westlake Academy last year. She stated that she felt that so much emphasis was being placed on the safety aspect of the pandemic at the expense of the educational component. She noted that she wanted everyone to be safe, but there needed to be a balance. Her child recently said, “I’ve learned more in the last two days in person than in the last month.” Her child also stated that the in-person instruction was focused more to the camera (for remote learners) than those in the class. She expressed concerns regarding socialization at school, and that children need to have fun in order to make the most of their learning experience. President Wheat thanked Mrs. Peters for her comments. Mrs. Laura Luckett then addressed the Board. She stated that she has not heard of any plans for senior activities or events so far. The call then experienced a great degree of interference and was indecipherable. President Wheat then moved to the next caller, with wishes that Ms. Luckett could rejoin the meeting after obtaining a reliable connection. Mrs. Sonya Austin then addressed the Board. She thanked the Board for opening this for public comment and agreed with the comments from other parents. She began by stating that her child began the year with the hybrid learning option and has now chosen the remote learning option. Her other child has chosen the on-campus learning option rather than the remote option, as this experience has been much more effective in terms of learning. President Wheat thanked Mrs. Austin for her comments. BOT Minutes – 10/05/20 Page 8 of 10 President Wheat then thanked all callers for their input at the meeting and expressed appreciation for their time. Trustee Belvedere shared some thoughts with the Board, stating that she has spent time every day over the last several weeks thinking about this issue. She noted that she had heard from approximately 20 to 30 parents since the beginning of August. Based on the feedback she has received; teachers seem to be overwhelmed with the combination of remote learning and in-person learning. This is something that students that have picked up on. Trustee Belvedere then stated that there is an overwhelming desire for students to return to school and resume normal lives again. In one conversation with a student, the student told her, “I’m really glad to be back, but I feel sorry for my teacher.” She then stated the need for balance in the school’s approach without focusing on one aspect while losing sight of the big picture. She then noted that she was hesitant to take recommendations (from TEA or other sources) and turn them into requirements. Finally, Trustee Belvedere inquired if other avenues could be explored using feedback from parents who have not provided it. While she did not know if an anonymous parent survey would be the correct way to collect this feedback, it may address any hesitancy from parents to provide it. President Wheat thanked Trustee Belvedere for her comments and input. Superintendent Amanda DeGan stated she had one final slide to present to the Board, which could be discussed. This included options and final staff recommendations, including data that would continue to be monitored from other schools in the area. The slide included the following information: • Monitor data as it relates to the region and campuses • Continue to monitor processes for on-campus and remote learning • Review testing protocols and options • Survey parents of G12 students • Formulate G12 option to return to campus on October 26th o Given data remains the same and protocols are followed o This will need to be monitored up to the time of return to campus • Continue to allow flexibility to opt for remote learning Superintendent DeGan stated that there were clearly processes that could be improved as staff works over the next few weeks to see what this would look like. One point that was emphasized was the difference between ISDs and Westlake Academy’s K-12 campus, which does not allow for the depth of specialized teaching resources should a staff member become ill. She then provided information on each point and how this would be addressed by staff moving forward. This information would be brought to the Board once it has updated and she welcomed Board feedback based on parental comments or other information that has been received. Trustee Trivedi stated that valuable conversations have taken place so far. When looking at the broad spectrum, he agreed that children possess the resilience that provides them with the lowest probability to contract COVID-19. He felt that the guidance that has been issued regarding the wearing of facemasks is also valid. With only 40% of students fully returning to in-person instruction, he agreed that a parent survey needed to be conducted. BOT Minutes – 10/05/20 Page 9 of 10 He stated that the Academy needs to look at other single-campus schools (including private schools) who have successfully opened and the processes these schools have used. He then noted that in-person learning was more successful for the growth of students, and it is important to understand the reason some students have returned to campus and others have not. He emphasized the importance of listening to parental feedback before developing new recommendations. Trustee Belvedere stated that she agreed, and she is concerned if there is hesitancy for parents to provide feedback, noting that many problems may be avoided if everyone feels that they are heard. Additionally, she asked if the numbers representing remote learners, in-person learners, and hybrid learners could be illustrated in an easily understandable format in the future. Superintendent DeGan replied that this has been prepared and will be provided at the next Board meeting, as it was not on this evening’s agenda. Trustee Rennhack stated that it would be good to know how many remote-only students were participating in sports programs. This may provide an indicator of how many were comfortable in this setting; yet felt that there was no additional value to attending classes in-person. He then stated that he would like to tour the campus to see what the learning environment looks like, as this would help him to fully understand the topics that have been discussed. Mrs. DeGan stated that she would be happy to schedule on-campus tours for anyone on the Board who were interested. The survey would take approximately 1-2 weeks to prepare and would have a quick turnaround. The results of the survey would be brought back to Board for review and direction. She then asked for direction as to whether the Board wanted to bring 12th grade students back on October 26th. The Board stated that it would be advantageous to conduct the survey first before making this decision. 7. FUTURE AGENDA ITEMS None. 8. BOARD RECAP / STAFF DIRECTION Prepare and conduct a Parent Survey. 9. ADJOURNMENT There being no further business before the Board of Trustees, President Wheat asked for a motion to adjourn the meeting. MOTION: Trustee Rennhack made a motion to adjourn the meeting. Trustee Trivedi seconded the motion. The motion carried by a vote of 5-0. President Wheat adjourned the meeting at 8:37 p.m. BOT Minutes – 10/05/20 Page 10 of 10 ANY ITEM ON THIS POSTED AGENDA COULD BE DISCUSSED IN EXECUTIVE SESSION AS LONG AS IT IS WITHIN ONE OF THE PERMITTED CATEGORIES UNDER SECTIONS 551.071 THROUGH 551.076 AND SECTION 551.087 OF THE TEXAS GOVERNMENT CODE. APPROVED BY THE BOARD OF TRUSTEES ON JANUARY 4, 2021. ATTEST: _____________________________ Laura Wheat, President __________________________ Todd Wood, Town Secretary Page 1 of 2 Westlake Town Council TYPE OF ACTION Regular Meeting - Consent Westlake Town Council Meeting Monday, January 04, 2021 TOPIC: Consider approval of a Resolution accepting a generous donation to be used exclusively for the addition to the Sam and Margaret Lee Arts and Sciences Center located at 2600 J.T. Ottinger Road. STAFF CONTACT: Troy J. Meyer, Director Facilities & Public Works Strategic Alignment Vision, Value, Mission Perspective Strategic Theme & Results Outcome Objective Mission: Westlake is a unique community blending preservation of our natural environment and viewscapes, while serving our residents and businesess with superior municipal and academic services that are accessible, efficient, cost- effective, & transparent. People, Facilities, & Technology Exemplary Service & Governance - We set the standard by delivering unparalleled municipal and educational services at the lowest cost. Improve Technology, Facilities & Equipment Strategic Initiative Outside the Scope of Identified Strategic Initiatives Time Line - Start Date: December 17, 2020 Completion Date: January 4, 2021 Funding Amount: N/A Status - Funded Source - Contributions/Grants EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY) On December 17, 2020, an anonymous donor made a generous donation to be used exclusively for the addition to the Sam and Margaret Lee Arts and Sciences Center located at 2600 J.T. Ottinger Road. These funds may be used for the following; architect firm, engineering firm, construction cost and new equipment exclusively for the Sam & Margaret Lee Arts and Sciences addition. Page 2 of 2 This donation must be matched by outside sources and the matching funds may only be used for the addition to the Sam & Margaret Lee Arts and Sciences Center. Outside sources may include but are not limited to the following: Funds raised by Westlake Academy Foundation, private organizations, nonprofit organizations and donations made to the Town of Westlake for the use of the Sam & Margaret Lee Arts and Sciences Center addition. The matching funding sources may not include, bonds, federal or state funding or, funds from the general fund balance from the Town or Academy. RECOMMENDATION Staff is recommending the acceptance of the generous donation for the addition to the Sam and Margaret Lee Arts and Sciences Center. ATTACHMENTS Resolution Resolution 21-01 Page 1 of 2 TOWN OF WESTLAKE RESOLUTION NO. 21-01 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, APPROVING THE ACCEPTANCE OF A GENEROUS DONATION TO BE USED EXCLUSIVELY FOR THE ADDITION TO THE SAM AND MARGARET LEE ARTS AND SCIENCES CENTER LOCATED AT 2600 J.T. OTTINGER ROAD. THIS DONATION MUST BE MATCHED BY OUTSIDE SOURCES AND THE MATCHING FUNDS MAY ONLY BE USED FOR THE ADDITION TO THE SAM & MARGERT LEE ARTS AND SCIENCES CENTER. WHEREAS, the Town of Westlake desires to encourage broad community support and involvement in this project through utilization of private donations, gifts, and other private funding sources to enhance this project, as well as ensure its success via the use of a public/private partnerships; and WHEREAS, an anonymous donor has come forward and expressed a desire to provide a generous gift for this project; and WHEREAS, the Town Council acceptance of this generous gift for an additional to the Sam and Margaret Lee Arts and Sciences Center and that is in the best interests of the Town of Westlake and its citizens. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That, all matters stated in the Recitals hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirety. SECTION 2: If any portion of this Resolution shall, for any reason, be declared invalid by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions hereof and the Council hereby determines that it would have adopted this Resolution without the invalid provision. SECTION 3: That, the Town Council of the Town of Westlake, hereby accepts a generous donation of $250,000.00 to the Town from a donor wishing to remain anonymous to the extent allowed by law and while respecting the donor's wishes to remain anonymous, the Board acknowledges the desire of this donor to apply these funds to be used exclusively for the addition to the Sam and Margaret Lee Arts and Sciences Center located at 2600 J.T. Ottinger Road. Resolution 21-01 Page 2 of 2 SECTION 4: That, the $250,000.00 donation must be matched by outside sources and the matching funds may only be used for the addition to the Sam & Margaret Lee Arts and Sciences Center. Outside sources may include but are not limited to the following: Funds raised by the Westlake Academy Foundation, private organizations, nonprofit organizations and donations made to the Town of Westlake for the use of the Sam & Margaret Lee Arts and Sciences Center addition. The matching funding sources may not include, bonds, federal or state funding or, funds from the general fund balances of the Town or Academy SECTION 5: That this resolution shall become effective from and after its date of passage. PASSED AND APPROVED ON THIS 4th DAY OF JANUARY 2021. ATTEST: Laura Wheat, Mayor _____________________________________ ______________________________ Todd Wood, Town Secretary Amanda DeGan, Town Manager APPROVED AS TO FORM: ____________________________ L. Stanton Lowry, Town Attorney Page 1 of 2 Westlake Town Council TYPE OF ACTION Regular Meeting - Consent Westlake Town Council Meeting Monday, January 04, 2021 TOPIC: Consider a Resolution amending the authorized signers on the Town of Westlake Depository Accounts with First Financial Bank and TexPool. STAFF CONTACT: Ginger Awtry, Finance Director Strategic Alignment Vision, Value, Mission Perspective Strategic Theme & Results Outcome Objective Informed & Engaged Citizens / Sense of Community Citizen, Student & Stakeholder Exemplary Service & Governance - We set the standard by delivering unparalleled municipal and educational services at the lowest cost. Increase Transparency, Accessibility & Communications Strategic Initiative Outside the Scope of Identified Strategic Initiatives Time Line - Start Date: January 4, 2021 Completion Date: N/A Funding Amount: $0.00 Status - Not Funded Source - General Fund EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY) Due to the recent retirement of the Finance Director Debbie Piper, it is necessary to change the authorized signers on the Town’s bank accounts and TexPool. Signers on the Town’s accounts have included the Town Manager, the Finance Director, and the Mayor Pro-Tem. The Town Manager’s signature appears on all checks, with the Finance Director, or Mayor Pro-Tem as needed, signing all checks over $10,000. Page 2 of 2 The Mayor Pro-Tem signs checks in emergency situations when two signatures are required and either of the primary signers are unavailable. This also provides a mechanism to continue normal financial operations during staffing changes until new signature cards are completed. RECOMMENDATION Approve Resolution amending the authorized signers on the Town of Westlake depository accounts with First Financial Bank and TexPool. ATTACHMENTS Resolution Resolution 21-02 Page 1 of 2 TOWN OF WESTLAKE RESOLUTION NO. 21-02 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, AMENDING THE AUTHORIED SIGNERS ON THE TOWN OF WESTLAKE DEPOSITORY ACCOUNTS WITH FIRST FINANCIAL BANK AND TEXPOOL. WHEREAS, authorized signers of the Town of Westlake’s depository accounts may require amendments at certain times due to changes in structure and/or personnel; and WHEREAS, due to the recent retirement of the Finance Director, it is necessary to change the authorized signers on the Town of Westlake’s bank accounts and TexPool; and WHEREAS, signers on the Town’s accounts have included the Town Manager, the Finance Director, and the Mayor Pro-Tem. The Town Manager’s signature appears on all checks, with the Finance Director signing all checks over $10,000; and WHEREAS, the Town Council finds that the passage of this Resolution is in the best interest of the citizens of Westlake. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That, all matters stated in the Recitals hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirety. SECTION 2: That the Town of Westlake Council hereby designates Amanda DeGan, Ginger Awtry, and Carol Langdon as authorized signers of the Town of Westlake’s depository accounts with First Financial Bank and TexPool. SECTION 3: If any portion of this Resolution shall, for any reason, be declared invalid by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions hereof and the Council hereby determines that it would have adopted this Resolution without the invalid provision. Resolution 21-02 Page 2 of 2 SECTION 4: That this Resolution shall become effective from and after its date of passage. PASSED AND APPROVED ON THIS 4TH DAY OF JANUARY 2021. ATTEST: _____________________________ Laura L. Wheat, Mayor _______________________________ ______________________________ Todd Wood, Town Secretary Amanda DeGan, Town Manager APPROVED AS TO FORM: _______________________________ L. Stanton Lowry, Town Attorney Page 1 of 2 Westlake Town Council TYPE OF ACTION Regular Meeting - Consent Westlake Town Council Meeting Monday, January 04, 2021 TOPIC: Consider a Resolution amending the authorized signers on the Town of Westlake Trust Account with First Financial Bank. STAFF CONTACT: Ginger Awtry, Director of Finance Strategic Alignment Vision, Value, Mission Perspective Strategic Theme & Results Outcome Objective Informed & Engaged Citizens / Sense of Community Citizen, Student & Stakeholder Exemplary Service & Governance -We set the standard by delivering unparalleled municipal and educational services at the lowest cost. Increase Transparency, Accessibility & Communications Strategic Initiative Outside the Scope of Identified Strategic Initiatives Time Line - Start Date: January 4, 2021 Completion Date: N/A Funding Amount: $0.00 Status - Not Funded Source - General Fund EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY) Due to the current need to change authorized signers on the Town’s bank accounts, it is necessary to also update the authorized signers on the Town of Westlake Trust account. This account is only used to pay health insurance premiums for sales tax exemption purposes that are embedded in the premiums. Only one transaction per month is processed through this account. Previously, signers on the Trust account include the Town Manager and the Finance Director. Page 2 of 2 RECOMMENDATION Approve Resolution amending the authorized signers on the Town of Westlake Insurance Trust account with First Financial Bank to be Amanda DeGan and Ginger Awtry. ATTACHMENTS Resolution Resolution 21-03 Page 1 of 2 TOWN OF WESTLAKE RESOLUTION NO. 21-03 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, AMENDING THE AUTHORIED SIGNERS ON THE TOWN OF WESTLAKE INSURANCE TRUST ACCOUNT WITH FIRST FINANCIAL BANK. WHEREAS, authorized signers of the Town of Westlake’s depository accounts may require amendments at certain times due to changes in structure and/or personnel; and WHEREAS, the Town’s Insurance Trust account is required for payment of health insurance premiums when government sales tax exemption is claimed; and WHEREAS, due to the current need to change authorized signers on the Town’s bank accounts, it is necessary to change the authorized signers on the Town’s Insurance Trust account; and WHEREAS, signers on the Town’s Insurance accounts have previously included the Town Manager and the Finance Director; WHEREAS, the Town Council finds that the passage of this Resolution is in the best interest of the citizens of Westlake. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That, all matters stated in the Recitals hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirety. SECTION 2: That the Town of Westlake Council hereby designates Amanda DeGan and Ginger Awtry as authorized signers of the Town of Westlake’s Insurance Trust Account with First Financial Bank. SECTION 3: If any portion of this Resolution shall, for any reason, be declared invalid by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions hereof and the Council hereby determines that it would have adopted this Resolution without the invalid provision. Resolution 21-03 Page 2 of 2 SECTION 4: That this resolution shall become effective from and after its date of passage. PASSED AND APPROVED ON THIS 4TH DAY OF JANUARY 2021. ATTEST: ______________________________ Laura L. Wheat, Mayor _______________________________ ______________________________ Todd Wood, Town Secretary Amanda DeGan, Town Manager APPROVED AS TO FORM: ______________________________ L. Stanton Lowry, Town Attorney PRESENTATION AND DISCUSSION REGARDING THE BACK-TO-SCHOOL PLAN FOR THE 2020-2021 ACADEMIC YEAR, INCLUDING UPDATES AND RECOMMENDATIONS REGARDING INFORMATION RELATED TO THE IMPACT OF COVID-19 ON MUNICIPAL AND ACADEMIC OPERATIONS. Town Council and Board of Trustees Item # 5 – Presentation and Discussion Items estlake Academy Board of Trustees TYPE OF ACTION Regular Meeting - Action Item Westlake Board Meeting Monday, January 04, 2021 TOPIC: Public Hearing to discuss Charter FIRST 2020 rating based on School Year 2018-2019 Data and Annual Financial Management Report STAFF CONTACT: Ginger Awtry, Director of Finance Marlene Rutledge, Academic Business Manager Strategic Alignment Vision, Value, Mission Perspective Curriculum Outcome Objective Vision: Westlake Academy inspires college bound students to achieve their highest individual potential in a nuturing environment that fosters the traits found in the IB Learner Profile. Fiscal Stewardship PYP / MYP / DP Improve Financial Stewardship Strategic Initiative Outside the Scope of Identified Strategic Initiatives Time Line - Start Date: January 4, 2021 Completion Date: January 4, 2021 Funding Amount: N/A Status - N/A Source - N/A EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY) FIRST is the acronym for Financial Integrity Rating System of Texas, as developed for the Texas school districts by the Texas Education Agency in response to Senate Bill 875 of the 76th Legislature in 1999. The primary goal of the rating is to achieve quality performance in the management of school districts financial resources. TEA also included open-enrollment charter schools in this rating system in 2009. After TEA receives financial information, they complete a School FIRST rating worksheet for each school district and charter school. The current year rating worksheet contains 15 questions, called indicators. Each indicator on the rating worksheet is designed to assess the management of financial resources. Ratings are based on staff and student data reported for a school and financial data reported for the corresponding fiscal year. Charters provide information to TEA through various financial reports, audit reports, and data reported through PEIMS. If the district/charter school answers “No” to any one of the indicators 1, 2A, 3, 4, OR 5, the rating is automatically a “Substandard Achievement”. For the Fiscal Year ended August 31, 2019, Westlake Academy received a rating of “A” Superior with a score of 100. Within two months after receipt of the final rating on November 7, 2020, the Board of Trustees is to hold a hearing for public discussion of the annual financial accountability system report. A notice was published in the Fort Worth Star Telegram on December 18, 2020. In addition to the Charter FIRST annual rating and in accordance with Title 19 Texas Administrative Code, Chapter 109, Budgeting, Accounting and Auditing, Subchapter AA, Commissioner’s Rules Concerning Financial Accountability Rating System, we are required to submit a Financial Management Report including the following required disclosures: •Copy of Superintendent’s current employment contract •Reimbursements Received by the Superintendent and Board Members •Outside Compensation and/or fees received by the Superintendent for Professional Consulting and/or other personal services •Gifts received by Executive Officers and Board Members (and First Degree Relatives, if any) •Business Transactions between School and Board Members RECOMMENDATION Conduct public hearing and discussion of FIRST rating if necessary. ATTACHMENTS Charter FIRST ratings and Financial Management Report WESTLAKE ACADEMY Charter FIRST Financial Integrity Rating System of Texas Charter FIRST Annual Financial Management Report (For Fiscal Year Ended August 2018-2019) WESTLAKE ACADEMY Charter FIRST Annual Financial Management Report For the Year Ended August 31, 2019 INTRODUCTION FIRST is the acronym for Financial Integrity Rating System of Texas, as developed for the Texas school districts by the Texas Education Agency in response to Senate Bill 875 of the 76th Legislature in 1999. The primary goal of the rating is to achieve quality performance in the management of school district’s financial resources. Open-enrollment charter schools were included in this rating system in 2009. Financial Accountability Ratings Under the FIRST system, the Texas Education Agency (TEA) assigns each school district and open-enrollment charter school a financial accountability rating based on a district’s overall performance on certain financial measurements, ratios, and other indicators established by the commissioner of Education. Preliminary ratings are released by Texas Education Agency every calendar year during the summer. The Commissioner’s Rules for Charter FIRST are contained in Title 19, Texas Administrative Code, Chapter 109, Subchapter AA, Commissioner's Rules Concerning Financial Accountability Rating System. There were changes in the Commissioner’s Rule for Charter FIRST that were finalized in August 2018. The most substantive changes in August 2018 will be implemented by the Teas Education Agency beginning with ratings year 2020-2021 based primarily on data from fiscal year 2020. During the phase-in period, the new Charter FIRST system has separate worksheets for rating years 2017-2018, 2018-2019, and 2019-2020 as compared to subsequent years. Going forward, the Commissioner of Education will evaluate the rating system every three years and may modify the system to improve its effectiveness. Any changes made to the rating system are communicated to school districts/open-enrollment charter schools by TEA along with the effective dates of the changes. Reporting Requirements Reporting the FIRST rating to the public is a key component of the system. Under FIRST, each school district/open-enrollment charter school is required to prepare and make available an annual financial management report that includes the following: The district’s financial management performance rating provided by the Texas Education Agency (TEA) based on its comparison with indicators established by the Commissioner of Education for the state’s new Financial Accountability System. The district’s financial management performance under each indicator for the current and previous years’ financial accountability ratings; and Additional information required by the Commissioner of Education. The financial management report being issued at the Charter FIRST hearing must contain certain required disclosures, in accordance with Title 19 Texas Administrative Code Chapter 109, Budgeting, Accounting, and Auditing Subchapter AA, Commissioner’s Rules Concerning Financial Accountability Rating Systems. Under Chapter 109, the Commissioner required certain disclosures, as follows: A copy of the superintendent’s current employment contract. The school district may publish the superintendent’s employment contract on the district’s internet site in lieu of publication in the annual financial management report. This must disclose all compensation and benefits paid to the superintendent; A summary schedule for the fiscal year (12-month period) of total reimbursements received by the superintendent and each board member, including transactions resulting from use of the school district's credit card(s), debit card(s), store-value card(s) and any other instruments to cover expenses incurred by the superintendent and each board member. The summary schedule shall separately report reimbursements for meals, lodging, transportation, motor fuel, and other items (the summary schedule of total reimbursements is not to include reimbursements for supplies and materials that were purchased for the operation of the district); A summary schedule for the fiscal year of the dollar amount of compensation and/or fees received by the superintendent from another school district or any other outside entity in exchange for professional consulting and/or other personal services. The schedule shall separately report the amount received from each entity; A summary schedule for the fiscal year of the total dollar amount by the executive officers and board members of gifts that had an economic value of $250 or more in the aggregate in the fiscal year Code, Chapter 573,Subchapter B, as a person related to another person within the first degree by consanguinity or affinity) from an outside entity that received payments from the school district in the prior fiscal year, and gifts from competing vendors that were not awarded contracts in the prior fiscal year. This reporting requirement does not apply to reimbursement of travel-related expenses by an outside entity when the purpose of the travel is to investigate or explore matters directly related to the duties of an executive officer or board member duties, or matters related to attendance at education- related conferences and seminars whose primary purpose is to provide continuing education (this exclusion does not apply to trips for entertainment related purposes or pleasure trips). This reporting requirement excludes an individual gift or a series of gifts from a single outside entity that had an aggregate economic value of less than $250 per executive officer or board member; A summary schedule for the fiscal year fiscal year of the dollar amount by board members for the aggregate amount of business transactions with the district. This reporting requirement is not to duplicate the items disclosed in the summary schedule of reimbursements received by board members; and Additional information that the district’s board of trustees deems useful A public hearing must be held on the annual financial management report to afford interested parties the opportunity to comment on the report. The public hearing must be held within two months after receipt of the final financial accountability rating. The official notification from TEA was dated November 6, 2020. The 2020 Charter FIRST rating was based on an analysis of financial data submitted to the Texas Education Agency for the 2018-2019 fiscal year. Fifteen indicators were evaluated to determine the rating. Westlake Academy received the rating of A – Superior for FY 2019 with a score of 100. The rating worksheet detailing the Charter’s performance on each of the fifteen indicators as well as the explanations of the indicators is reflected on the remaining pages of this report. Charter FIRST - Financial Integrity Rating System of Texas 2018-2019 Ratings Based on Fiscal Year 2019 Data compared to Fiscal Year 2018 FY 18-19 FY 17-18 P 1 Was the complete annual financial report (AFR) and charter school financial data submitted to TEA within 30 days of the November 27 or January 28 deadline depending on the charter school’s fiscal year end date of June 30 or August 31, respectively? YES YES P 2A Was there an unmodified opinion in the AFR on the financial statements as a whole? (The American Institute of Certified Public Accountants (AICPA) defines unmodified opinion. The external independent auditor determines if there was an unmodified opinion.) YES YES 2B Did the external independent auditor report that the AFR was free of any instance(s) of material weaknesses in internal controls over financial reporting and compliance for local, state, or federal funds? (The AICPA defines material weakness.) YES YES P 3 Was the charter school in compliance with the payment terms of all debt agreements at fiscal year end? (If the charter school was in default in a prior fiscal year, an exemption applies in following years if the charter school is current on its forbearance or payment plan with the lender and the payments are made on schedule for the fiscal year being rated. Also exempted are technical defaults that are not related to monetary defaults. A technical default is a failure to uphold the terms of a debt covenant, contract, or master promissory note even though payments to the lender, trust, or sinking fund are current. A debt agreement is a legal agreement between a debtor (person, company, etc. that owes money) and their creditors, which includes a plan for paying back the debt.) YES YES P 4 Did the charter school make timely payments to the Teachers Retirement System (TRS), Texas Workforce Commission (TWC), Internal Revenue Service (IRS), and other government agencies? YES YES P 5 Was the total net asset balance in the Statement of Financial Position for the charter school greater than zero? (If the charter school's change of students in membership over 5 years was 10 percent or more, then the charter school passes this indicator.) (New charter schools that have a negative net asset balance will pass this indicator if they have a 10 percent growth in students year over year until it completes its fifth year of operations. After the fifth year of operations, the calculation changes to the 10 percent increase in 5 years.) YES YES 6 Was the number of days of cash on hand and current investments for the charter school sufficient to cover operating expenses? The calculation will use expenses, excluding depreciation. For government charter schools, pension expense will be excluded. 10 4 7 Was the measure of current assets to current liabilities ratio for the charter school sufficient to cover short- term debt? 10 10 8 Was the ratio of long-term liabilities to total assets for the charter school sufficient to support long-term solvency? (If the charter school's change of students in membership over 5 years was 10 percent or more, then the charter school passes this indicator.) (New charter schools that have a negative net asset balance will pass this indicator if they have a 10 percent growth in students year over year until it completes its fifth year of operations. After the fifth year of operations, the calculation changes to the 10 percent increase in 5 years.) 10 10 9 Did the charter school’s revenues equal or exceed expenses, excluding depreciation? If not, was the charter school’s number of days of cash on hand greater than or equal to 40 days? The calculation will use expenses, excluding depreciation. For government charter schools, pension expense will be excluded. 10 10 10 Was the debt service coverage ratio sufficient to meet the required debt service? 10 10 11 Was the charter school’s administrative cost ratio equal to or less than the threshold ratio? 10 10 12 Did the charter school not have a 15 percent decline in the students to staff ratio over 3 years (total enrollment to total staff)? (If the student enrollment did not decrease, the charter school will automatically pass this indicator.) 10 10 13 Did the comparison of Public Education Information Management System (PEIMS) data to like information in the charter school’s AFR result in a total variance of less than 3 percent of all expenses by function? 10 10 14 Did the external independent auditor indicate the AFR was free of any instance(s) of material noncompliance for grants, contracts, and laws related to local, state, or federal funds? (The AICPA defines material noncompliance.) 10 10 15 Did the charter school not receive an adjusted repayment schedule for more than one fiscal year for an over- allocation of Foundation School Program (FSP) funds as a result of a financial hardship? 10 10 Weighted Sum 100 94 DISCUSSION OF BASE INDICATORS 1. Was the complete annual financial report (AFR) and charter school financial data submitted to TEA within 30 days of the November 27 or January 28 deadline depending on the charter school’s fiscal year end date of June 30 or August 31, respectively? This indicator merely states the Academy’s requirement for timely reporting. The Annual Financial Report for the fiscal year ended August 31, 2019 was approved by the Board of Trustees on December 16, 2019 and received by the Texas Education Agency on January 7, 2020. 2A. Was there an unmodified opinion in the Annual Financial and Compliance Report (AFR) on the financial statements as a whole? A “modified” version of the auditor’s opinion indicates that there exist one or more specific exceptions to the auditors’ general assertion that the financial statements are fairly presented. The Academy’s goal; therefore, is to receive an “unmodified opinion” on its Annual Financial Report. This is a simple “Yes or No” indicator. Westlake Academy obtained an unmodified audit opinion. This indicates the Academy’s records were in good condition and fairly present the Academy’s financial position. 2B. Did the external independent auditor report that the AFR was free of any instance(s) of material weaknesses in internal controls over financial reporting and compliance for local, state, or federal funds? (The AICPA defines material weakness.) A clean audit of the Annual Financial Report would state that the Academy has no material weaknesses in internal controls. Any internal weaknesses create a risk of the Academy not being able to properly account for its use of public funds, and should be immediately addressed. This is a simple “Yes” or “No” indicator. Westlake Academy received a “clean” audit. This indicates that the Academy had no material weaknesses in internal controls when tested. 3. Was the charter school in compliance with the payment terms of all debt agreements at fiscal year end? (If the charter school was in default in a prior fiscal year, an exemption applies in following years if the charter school is current on its forbearance or payment plan with the lender and the payments are made on schedule for the fiscal year being rated. Also exempted are technical defaults that are not related to monetary defaults. A technical default is a failure to uphold the terms of a debt covenant, contract, or master promissory note even though payments to the lender, trust, or sinking fund are current. A debt agreement is a legal agreement between a debtor (person, company, etc. that owes money) and their creditors, which includes a plan for paying back the debt.) This indicator seeks to make certain that the Academy has timely paid all bills/obligations, including financing arrangements to pay for construction, school buses, photo copiers, leases, etc. Westlake Academy has no bonded indebtedness obligations. All debt is maintained by the Town of Westlake. All leases were paid in a timely manner. 4.Did the charter school make timely payments to the Teachers Retirement System (TRS), Texas Workforce Commission (TWC), Internal Revenue Service (IRS), and other government agencies? This indicator seeks to make sure the Academy fulfilled its obligation to the TRS, TWC and IRS to transfer payroll withholdings and to fulfill any additional payroll-related obligations required to be paid by the Academy. Westlake Academy made all payments necessary to the TRS, TWC, IRS and other government agencies in a timely manner. 5.Was the total net asset (position) balance in the Statement of Financial Position for the charter school greater than zero? (IF the Academy’s change of students in membership over 5 years was 10 percent or more, then the charter school passes this indicator.) This indicator simply asks, “Did the Academy’s total assets exceed the total amount of liabilities (according to the very first financial statement in the annual audit report)?” Westlake Academy’s unrestricted net position of $2.3M was greater than zero 6.Was the number of days of cash on hand and current investments in the general fund for the charter school sufficient to cover operating expenditures (excluding facilities acquisition and construction)? This indicator measures how long in days after the end of the fiscal year the charter school could have disbursed funds for its operating expenditures without receiving any new revenues. The score of 10 is obtained for any operating days greater than or equal to 60. Westlake Academy’s calculated days were 80. Total cash on hand at 8-31-19 was $1,848,337. 7.Was the measure of current assets to current liabilities ratio for the charter school sufficient to cover short-term debt? This indicator measures whether the school district had sufficient short-term assets at the end of the fiscal year to pay off its short-term liabilities? The score of 10 is obtained for anything equal to or greater than 2 when dividing the current assets by current liabilities. The Academy’s calculation totaled 2.26%. Current assets $ 2,496,339 Current liabilities $ 1,103,477 8.Was the ratio of long-term liabilities to total assets for the charter school sufficient to support long-term solvency? (If the charter school's change of students in membership over 5 years was 7 percent or more, then the charter school passes this indicator.) This question is like asking someone if their mortgage exceeds the market value of their home. The 7.8 percent increase in student population from 815 to 879 is greater than the minimum 7 percent threshold over the last 5-year period. 9.Did the charter school’s revenues equal or exceed expenditures (excluding depreciation)? If not, was the charter school’s number of days of cash on hand greater than or equal to 40 days? This indicator simply asks, “Did you spend more than you earned?” (the Academy will automatically pass this indicator, if the Academy had at least 40 days’ cash on hand.) 10 points are awarded if the Academy received more than spent. The Academy received $1,076,890 more in revenues than net expenses for the fiscal year. Total revenues $9,429,210 Total expenditures (net of pension expense) $8,352,320 10.Was the debt service coverage ratio sufficient to meet the required debt service? This indicator asks about the Academy’s ability to make debt principal and interest payments that will become due during the year. Debt payments made by the Academy only include lease payments for iPads, etc. All bonded indebtedness related to the Academy is paid by the Town of Westlake. Westlake Academy’s ratio of 5.48 reflects10 points because the ratio was equal to or greater than 1.20. The calculation for this indicator is: Total Revenues - Total Expenditures + Principal Payment + Interest Payment - Pension Expense/Principal + Interest. Total revenues $ 9,429,210 Total expenditures (adding back P&I and deducting pension) - 8,518,325 Sub-Total $ 910,885 Divided by P&I ($166,005) = 5.48 11. Was the charter school’s administrative cost ratio less than the threshold ratio? This indicator measures the percentage of the Academy’s budget that is spent on administration. TEA sets a cap on the percentage of the budget that Texas school districts/charters can spend on administration, which is based on the size of the school. (Admin Costs/Other Costs) The cap on the administrative cost ratio to receive 10 points for the 2018-2019 fiscal year was less than or equal to 15.61% for schools with a student population between 500 and 999. Westlake Academy maintained an administrative cost ratio of 6.88% and met this requirement. 12.Did the charter school not have a 15 percent decline in the students to staff ratio over 3 years (total enrollment to total staff)? (If the student enrollment did not decrease, the charter school will automatically pass this indicator.) If the Academy has a decline in students over 3 school years, this indicator asks if the Academy decreased the number of the staff on the payroll in proportion to the decline in students. (The Academy automatically passes this indicator if there was no decline in students.). The Academy’s student enrollment increased by 36 students over the prior 3 years; therefore, the Academy received a score of 10 on this indicator. 13.Did the comparison of Public Education Information Management System (PEIMS) data to like information in the charter school’s annual financial report result in a total variance of less than 3 percent of all expenditures by function. This indicator measures the quality of data reported to PEIMS and in the Annual Financial Report to make certain that the data reported in each case “matches up.” If the difference in numbers reported in any fund type is 3 percent or more, the Academy “fails” this measure. The Academy met this requirement with a variance level of 0%. 14.Did the external independent auditor indicate the AFR was free of any instance(s) of material noncompliance for grants, contracts, and laws related to local, state, or federal funds? (The AICPA defines material noncompliance.) A clean audit of the Annual Financial Report would state that we had no material weaknesses in internal controls. Any internal weaknesses create a risk of not being able to properly account for the use of public funds, and should be immediately addressed. Westlake Academy met this requirement by having no disclosure of a material weakness in internal controls for the fiscal year ended August 31, 2019. 15.Did the charter school not receive an adjusted repayment schedule for more than one fiscal year for an over-allocation of Foundation School Program (FSP) funds as a result of a financial hardship? This indicator asks if the Academy had to ask for an easy payment plan to return monies to TEA after spending the overpayment from the Foundation School Program state aid. Westlake Academy did not receive a repayment schedule related to an over-allocation of Foundation School Program funds. DISCLOSURES Per Title 19 Administrative Code Chapter 109, Budgeting, Accounting, and Auditing, Subchapter AA, Commissioner’s Rules Concerning Financial Accountability Rating System, Section 109.1001(o), the five (5) disclosures listed below are required for the financial management report that is to be distributed at the Charter FIRST public hearing. 1. Superintendent’s current employment contract: A copy of the superintendent’s current employment contract at the time of the School FIRST hearing is to be provided. Per the Westlake Academy charter, the Town Manager assumes the responsibilities of the Superintendent with no separate contract. The manager’s contract is approved by the Town Council and all salary/benefits and other forms of compensation are paid by the Municipality. No salary is expensed through Westlake Academy. 2.Reimbursement received by the Superintendent and Board Members: All “reimbursement” expenses, regardless of the manner of payment, including direct pay, credit card, cash, and purchase order are to be reported. Items to be reported per category include: o Meals – Meals consumed out of town, and in geographic-boundary meals at area restaurants (outside of board meetings, excludes catered board meeting meals). o Lodging – Hotel charges o Transportation – Airfare, car rental (can include fuel on rental, taxis, mileage reimbursements, leased cars, parking and tolls.) o Motor fuel – gasoline o Other – Registration fees, telephone/cell phone, internet service, fax machine, and other reimbursements (or on-behalf of) to the superintendent and board member not defined above. There were no “reimbursement” expenses received by the Superintendent or Board Members during the fiscal year 2018-2019. 3. Outside compensation and/or fees received by the Superintendent for Professional consulting and/or other personal services. Compensation does not include business revenues generated from a family business (farming, ranching, etc.) that has no relation to charter school business. There were no compensation and/or fees received by the Superintendent for Professional consulting and/or other personal services during the fiscal year 2018-2019. 4.Gifts received by Executive Officers and Board Members (and first-degree relatives, if any) gifts that had an economic value of $250 or more in the aggregate in the fiscal year) An executive officer is defined as the superintendent, unless the board of trustees or the charter school administration names additional staff under the classification for local officials. There were no gifts received by Executive Officers and Board Members (and first-degree relatives) during the fiscal year 2018-2019. 5.Business transactions between Charter School and Board Members The summary amounts reported under this disclosure are not to duplicate the items disclosed in the summary schedule of reimbursements received by board members. There were no business transactions between Westlake Academy and Board Members during the fiscal year 2018-2019. GLOSSARY Accounting: A standard school fiscal accounting system must be adopted and installed by the board of trustees of each school. The accounting system must conform to generally accepted accounting principles. This accounting system must also meet at least the minimum requirements prescribed by the state board of education, subject to review and comment by the state auditor. All Funds: A school’s accounting system is organized and operated on a fund basis where each fund is a separate fiscal entity in the school much the same as various corporate subsidiaries are fiscally separate in private enterprise. All Funds refers to the combined tot al of all the funds listed below: •The General Fund •Special Revenue Funds (Federal Programs, Federally Funded Shared Services, State Programs, Shared State/Local Services, Local Programs) •Debt Service Funds •Capital Projects Funds Assigned Fund Balance: The assigned fund balance represents tentative plans for the future use of financial resources. Assignments require executive management (if approved per board policy to assign this responsibility to executive management) action to earmark fund balance for bona fide purposes that will be fulfilled within a reasonable period of time. The assignment and dollar amount for the assignment may be determined after the end of the fiscal year when final fund balance is known. Auditing: Accounting documents and records must be audited annually by an independent auditor. TEA is charged with review of the independent audit of the local education agencies. Beginning Fund Balance: The fund balance on the first day of a new fiscal year. For most schools this is equivalent to the fund balance at the end of the previous fiscal year. Budget: The projected financial data for the current school year. Budget data are collected for the General Fund, Food Service Fund, and Debt Service Fund. Budgeting: Not later than August 20th of each year, the superintendent (or designee) must prepare a budget for the school if the fiscal year begins on September 1st. (For those schools with fiscal years beginning July 1, this date would be June 19.) The legal requirements for funds to be budgeted are included in the Budgeting module of the TEA Resource Guide. The budget must be adopted before expenditures can be made, and this adoption must be prior to the setting of the tax rate for the budget year. The budget must be itemized in detail according to classification and purpose of expenditure, and must be prepared according to the rules and regulations established by the state board of education. The adopted budget, as necessarily amended, shall be filed with TEA through the Public Education Information Management System (PEIMS) as of the date prescribed by TEA. Capital Outlay: This term is used as both a Function and an Object. Expenditures for land, buildings, and equipment are covered under the object, Capital Outlay. The amount spent on acquisitions, construction, or major renovation of school facilities are reported under the function, Capital Outlay. Cash: The term, as used in connection with cash flows reporting, includes not only currency on hand, but also demand deposits with banks or other financial institutions. Cash also includes deposits in other kinds of accounts or cash management pools that have the general characteristics of demand deposit accounts in that the governmental enterprise may deposit additional cash at any time and also effectively may withdraw cash at any time without prior notice or penalty. Committed Fund Balance: The committed fund balance represents constraints made by the board of trustees for planned future use of financial resources through a resolution by the board, for various specified purposes including commitments of fund balance earned through campus activity fund activities. Commitments are to be made as to purpose prior to the end of the fiscal year. The dollar amount for the commitment may be determined after the end of the fiscal year when final fund balance is known. Debt Service: The function, Debt Service, is a major functional area that is used for expenditures that are used for the payment of debt principal and interest. Expenditures that are for the retirement of general obligation bonds, capital lease principal, and other debt, related debt service fees, and for all debt interest fall under this function. The object, Debt Service, covers all expenditures for debt service. Deferred Revenue: Resource inflows that do not yet meet the criteria for revenue recognition. Unearned amounts are always reported as deferred revenue. In governmental funds, earned amounts also are reported as deferred revenue until they are available to liquidate liabilities of the current period. Ending Fund Balance: The amount of unencumbered surplus fund balance reported by the School at the end of the specified fiscal year. For most schools, this will be equivalent to the fund balance at the beginning of the next fiscal year. Excess (Deficiency): Represents receivables due (excess) or owed (deficiency) at the end of th e school year. Federal Revenues: Revenues paid either directly to the district or indirectly through a local or state government entity for federally subsidized programs including the School Breakfast Program, National School Lunch Program, and School Health and Related Services Program. This amount is recorded as Revenue Object 5900. Fiscal Year: A period of 12 consecutive months legislatively selected as a basis for annual financial reporting, planning, and budgeting. The fiscal year may run September 1 through August 31 or July 1 through June 30. Foundation School Program (FSP) Status: Is the shared financial arrangement between the state and the school, where property taxes are blended with revenues from the state to cover the cost of basic and mandated programs. The nature of this arrangement falls in one of the following status categories: Regular, Special Statutory, State Administered, Education Service Center, or Open Enrollment Charter School. FTE: Full-Time Equivalent (FTE) measures the extent to which one individual or student occupies a fulltime position or provides instruction, e.g., a person who works four hours a day or a student that attends a half of a day represents a .5 FTE. Function: Function codes identify the expenditures of an operational area or a group of related activities. For example, in order to provide the appropriate atmosphere for learning, schools transport students to school, teach students, feed students and provide health services. Each of these activities is a function. The major functional areas are: • Instruction and Instructional-Related Services • Instructional and School Leadership • Support Services – Student • Administrative Support Services • Support Services - Non-Student Based • Ancillary Services • Debt Service • Capital Outlay • Intergovernmental Charges Fund Balance: The difference between assets and liabilities reported in a governmental fund. General Administration: The amount spent on managing or governing the school as an overall entity. General Fund: This fund finances the fundamental operations of the School in partnership with the community. All revenues and expenditures not accounted for by other funds are included. This is a budgeted fund and any fund balances are considered resources available for current operations. Instruction: The amount spent on direct classroom instruction and other activities that deliver enhance or direct the delivery of learning situations to students regardless of location or medium. Local & Intermediate Revenues: All revenues from local taxes and other local and intermediate revenues. For specifics, see the definitions for Local Tax and Other Local & Intermediate Revenues. This amount is recorded under Object 5700. Modified Opinion: Term used in connection with financial auditing. A modification of the independent auditor's report means there exists one or more specific exceptions to the auditor's general assertion that the district’s financial statements present fairly the financial information contained therein according to generally accepted accounting principles. Nonspendable Fund Balance: The portion of fund balance that is in non-liquid form, including inventories, prepaid items, deferred expenditures, long-term receivables and encumbrances (if significant). Nonspendable fund balance may also be in the form of an endowment fund balance that is required to remain intact. Object: An object is the highest level of accounting classification used to identify either the transaction posted or the source to which the associated monies are related. Each object is assigned a code that identifies in which of the following major object groupings it belongs: •Assets• Liabilities • Fund Balances • Revenue • Expenditures/Expenses • Other Resources/NonOperating Revenue/Residual Equity Transfers In • Other Uses/NonOperating Revenue/Residual Equity Transfers Out Operating Expenditures: A wide variety of expenditures necessary to a school’s operations fall into this category with the largest portion going to payroll and related employee benefits and the purchase of goods and services. Operating Expenditures/Student: Total operating expenditures divided by the total number of enrolled students. Operating Revenues and Expenses: Term used in connection with the proprietary fund statement of revenues, expenses, and changes in net assets. The term is not defined as such in the authoritative accounting and financial reporting standards, although financial statement preparers are advised to consider the definition of operating activities for cash flows reporting in establishing their own definition. Other Local & Intermediate Revenues: All local and intermediate revenues NOT from local real and personal property taxes including: • Revenues Realized as a result of services rendered to other schools • Tuition and Fees • Rental payments, interest, investment income • Sale of food and revenues from athletic and extra/co-curricular activities • Revenues from counties, municipalities, utility districts, etc. Other Operating Costs: Expenditures necessary for the operation of the school that are NOT covered by Payroll Costs, Professional and Contracted Services, Supplies and Materials, Debt Services, and Capital Outlay fall into this category and include travel, insurance and bonding costs, election costs, and depreciation. This amount is recorded as Expenditure/Expense Object 6400. Other Resources: This amount is credited to total actual other resources or non-operating revenues received or residual equity transfers in. This amount is recorded under Object 7020. Payroll: Payroll costs include the gross salaries or wages and benefit costs for services or tasks performed by employees at the general direction of the school. (NOTE: Payroll amounts do not include salaries for contract workers employed by outsource companies, e.g., for child nutrition and maintenance. Therefore, this figure will vary significantly between schools that use contract workers and those that do not.) PEIMS: Public Education Information Management System, a state -wide data management system for public education information in the State of Texas. One of the basic goals of PEIMS, as adopted by the State Board of Education in 1986, is to improve education practices of local schools. PEIMS is a major improvement over previous information sources gathered from aggregated data available on paper reports. Schools submit their data via standardized computer files. These are defined in a yearly publication, the PEIMS Data Standards. Plant Maintenance & Operations: The amount spent on the maintenance and operation of the physical plant and grounds and for warehousing. Modified Opinion: Term used in connection with financial auditing. A modification of the independent auditor’s report on the fair presentation of the financial statements indicating that there exists one or more specific exceptions to the auditor’s general assertion that the financial statements are fairly presented. Refined ADA: Refined Average Daily Attendance (also called RADA) is based on the number of days of instruction in the school year. The aggregate eligible day’s attendance is divided by the number of days of instruction to compute the refined average daily attendance. Restricted Fund Balance: This is the portion of fund balance that has externally enforceable constraints made by outside parties Revenues: Any increase in a school’s financial resources from property taxes, foundation fund entitlements, user charges, grants, and other sources. Revenues fall into the three broad sources of revenues: Local & Intermediate, State, and Federal. School Year: The twelve months beginning July 1 of one year and ending June 30 of the following year or beginning September 1 and ending August 31. Schools now have two options. Special Revenue Fund: A governmental fund type used to account for the proceeds of specific revenue sources (other than for major capital projects) that are legally restricted to expenditures for specified purposes. State Revenues: Revenues realized from the TEA, other state agencies, shared services arrangements, or allocated on the basis of state laws relating to the Foundation School Program Act. This amount is recorded as Revenue Object 5800. Unassigned Fund Balances: Available expendable financial resources in a governmental fund that are not the object of tentative management plans (i.e., committed or assigned). One primary criterion of rating agencies for school bonds is the relative amount of unassigned fund balance. Bond rating agencies view unassigned fund balances as a reflection of the financial stre ngth of school and show concern when school fund balances decrease. Unmodified Opinion: Term used in connection with financial auditing. An unmodified independent auditor’s opinion means there are no stated exceptions to the auditor’s general assertion that the district’s financial statements present fairly the financial information contained according to generally accepted accounting principles. Unrestricted Net Asset Balance: Unrestricted net asset balance refers to the portion of total net assets that is neither invested in capital assets nor restricted. WADA: Weighted Average Daily Attendance (WADA) is used to measure the extent students are participating in special programs. The concept of WADA in effect converts all of a school’s students with their different weights to a calculated number of regular students required to raise the same amount of revenue. The greater the number of students eligible for special entitlements, the greater a school‘s WADA will be. Page 1 of 2 Westlake Town Council TYPE OF ACTION Regular Meeting - Action Item Westlake Town Council Meeting Monday, January 04, 2021 TOPIC: Consider an Ordinance Calling and Ordering an Election for the purpose of Electing Three (3) Council Members to be held on May 1, 2021, in accordance with the provisions of Section 23.023, Texas Local Government Code. STAFF CONTACT: Todd Wood, Town Secretary Strategic Alignment Vision, Value, Mission Perspective Strategic Theme & Results Outcome Objective Informed & Engaged Citizens / Sense of Community Municipal & Academic Operations Exemplary Service & Governance -We set the standard by delivering unparalleled municipal and educational services at the lowest cost. Increase CSS Satisfaction Strategic Initiative Comprehensive Plan Project Review Time Line - Start Date: January 4, 2021 Completion Date: May 1, 2021 Funding Amount: $14,000 Status - Not Funded Source - General Fund EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY) Consider an Ordinance Calling and Ordering an Election for the purpose of Electing Three (3) Council Members to be held on May 1, 2021, in accordance with the provisions of Section 23.023, Texas Local Government Code. Three (3) Council Member terms will expire May 2021. This represents seats currently held by Council Member Langdon, Council Member Rennhack, and Council Member Goble. Page 2 of 2 RECOMMENDATION Staff recommends approval of the Ordinance to Call the Election. Allowing for any future amendments regarding early voting locations/dates/times, which will be set per the contracts with Tarrant and Denton County Election Administrations. The Town will then, take future action, to enter into contracts with both Denton and Tarrant County allowing voters to visit a single site to cast ballots in both the Town and Carroll, Keller or Northwest ISDs elections. In this scenario, Tarrant County would process the Tarrant County voters and Denton County would process Denton County voters. ATTACHMENTS Ordinance Ordinance 918 Page 1 of 4 TOWN OF WESTLAKE ORDINANCE NO. 918 AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, CALLING AND ORDERING AN ELECTION FOR THE PURPOSE OF ELECTING THREE (3) COUNCIL MEMBERS TO BE HELD ON MAY 1, 2021, IN ACCORDANCE WITH THE PROVISIONS OF SECTION 23.023, TEXAS LOCAL GOVERNMENT CODE; ESTABLISHING PROCEDURES FOR THE ELECTION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the general election for the Town of Westlake as set forth by the Texas Election Code, is required to be held on May 1, 2021, for the purpose of electing three (3) Council Members for two (2) year terms; and WHEREAS, in accordance with Section 271.002 of the Texas Election Code , the Town of Westlake election will be conducted jointly with other political subdivisions in Tarrant and Denton counties. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, THAT: SECTION 1: Election Order for General Election. That an election is hereby ordered to be held on the 1st day of May 2021, the first Saturday of that month, for the purpose of electing three (3) Council Members for two (2) year terms, in accordance with Section 23.023 of the Texas Local Government Code. SECTION 2: Polling Place. The polling places and the county elections precincts whose qualified voters shall cast ballots at such location as determined per the Joint Election Agreement and Contract for Elections Services with the Tarrant and Denton County Election Administrators.: The polls shall be open from 7:00 a.m. to 7:00 p.m. on May 1, 2021, in accordance with and pursuant to the requirements of the Texas Election Code (the “Code”). SECTION 3: Filing Dates. In accordance with Section 143.007 of the Code, eligible persons wishing to become candidates must file an application with the Town Secretary of the Town of Westlake, Texas, beginning on January 13, 2021 through the February 12, 2021 until 5:00 p.m. Each application shall be on a form meeting the requirements of the Code. SECTION 4: Combined Ballots. Combined ballots may be utilized containing all of the offices and propositions to be voted on at each polling place, provided that no voter shall be given a ballot or permitted to vote for any office or proposition on which the voter is ineligible to vote. The County’s voting equipment will be utilized for this election. Ordinance 918 Page 2 of 4 SECTION 5: Early Voting. Early Voting by personal appearance shall be conducted at the County’s Main Early Voting location; Residents living in Tarrant County Tarrant County Elections Center 2700 Premier Street Fort Worth, Texas 76111 Residents living in Denton County Denton County Elections 701 Kimberly Drive, Suite A101 Denton, Texas 76208 and branch offices for early voting by personal appearance shall be established as outlined in the Election Agreement and Contract for Election Services with Tarrant and Denton County. The Early Voting locations/dates/times will be set as per the agreement/contract with Denton County Elections. Tarrant County Elections Administrator and Denton County Election Administrator are hereby appointed as the Early Voting Clerk and can appoint the necessary deputy clerks as required for early voting. In accordance with Section 85.001 of the Texas Election Code, early voting by personal appearance tentative schedule is set forth below: Tarrant County Early Voting April 19-24 (Monday-Friday) 8:00 a.m. - 5:00 p.m. April 25 (Saturday) 7:00 a.m. - 7:00 p.m. (extended hours) April 26 (Sunday) 11:00 a.m. - 4:00 p.m. April 27-28 (Monday – Tuesday) 7:00 a.m. - 7:00 p.m. Denton County Early Voting April 19 – April 25 (Monday – Saturday) 8:00 a.m. - 5:00 p.m. April 27-28 (Monday – Tuesday) 7:00 a.m. - 7:00 p.m. Applications for ballots by mail must be received no later than the close of business on April 20, 2021. SECTION 6: Notice. Notice of said elections shall be given as required by the Texas Election Code. Ordinance 918 Page 3 of 4 SECTION 7: Election Officials. The election judge, alternate election judge, and ballot board will be appointed by the Tarrant and Denton County Elections Administrator, as permitted by law. The presiding judge shall appoint elections clerks as may be necessary for the proper conduct of the election. The election judge or the alternate election judge in the absence of the election judge, and the election clerks shall constitute the early voting ballot board. The election judge, and alternate election judge, and election clerks shall be qualified voters of the Town. SECTION 8: Election Results. That the candidates for Council who receive the highest number of votes shall be elected to two (2) year terms; The Mayor shall deliver a certificate of election to the successful candidates. In the event of a tie, the tied candidates shall cast lots to determine which one shall be declared elected; and SECTION 9: Governing Law. The election shall be held in accordance with the Constitution of the State of Texas and the Texas Election Code, and all resident qualified voters of the Town shall be eligible to vote at the election. SECTION 10: Submission to the United States Justice Department. The Town Secretary of the Town of Westlake, Texas, or the Town Attorney, is authorized to make such submissions as are necessary to the United States Justice Department to seek pre-clearance as required by law. SECTION 11: Necessary Actions. The Mayor and the Town Secretary, in consultation with the Town Attorney, are authorized and directed to take all actions necessary to comply with the provisions of the Texas Election Code, and the Town Code in carrying out and conducting the election, whether or not expressly authorized by this Order. SECTION 12: Severability Clause. It is hereby declared to be the intention of the Town Council that the sections, paragraphs, sentences, clauses and phrases of this order are severable and if any phrase, clause, sentence, paragraph, or section shall be declared invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this order, since the same would have been enacted by the Town Council without the incorporation in this order of any such invalid or unconstitutional phrase, clause, sentence, paragraph or section. Ordinance 918 Page 4 of 4 SECTION 13: Effective Date. This order shall be effective upon its adoption. PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, ON THIS 4th DAY OF JANUARY 2021. _____________________________ ATTEST: Laura Wheat, Mayor ____________________________ ______________________________ Todd Wood, Town Secretary Amanda DeGan, Town Manager APPROVED AS TO FORM: ____________________________ L. Stanton Lowry, Town Attorney EXECUTIVE SESSION: The Council will conduct a closed session pursuant to Texas Government Code, annotated, Chapter 551, Subchapter D for the following: a.Section 551.087 - Deliberation Regarding Economic Development Negotiations (1) to discuss or deliberate regarding commercial or financial information that the governmental body has received from a business prospect that the governmental body seeks to have locate, stay, or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development negotiations; or (2) to deliberate the offer of a financial or other incentive to a business prospect described by Subdivision (1) for the following: -Deloitte -Potential development on 55.12 acres located at Tracts 7C, 7F, 7G, 7H, 7L and 7M Abstract 648, William Huff Survey, Town of Westlake, Texas, and more generally located at the northeast corner of U.S. Highway 377 and State Highway 170 b.Section 551.071(2) – Consultation with Town Attorney on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with this chapter: Resolution No. 00-19, a Contract with Hillwood Development Corporation Concerning the Design Engineering and Construction of the West Side Pump Station and the Dove Road Waterline. c.Section 551.071(2) Consultation with Attorney – to seek advice of counsel on matters in which the duty of the Town Attorney under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Texas Government Code - FM 1938 access for proposed Southlake development. d.Section 551.071 - Discussion with the Town Attorney regarding pending, threatened, or contemplated litigation regarding drainage matters within Vaquero. e.Section 551.073 – Deliberations Regarding Gifts and Donations. Town Council and Board of Trustees Item # 8 – Executive Session Town Council and Board of Trustees Item # 9 – Reconvene Town Council and Board of Trustees Meeting TAKE ANY ACTION, IF NEEDED, FROM EXECUTIVE SESSION ITEMS. Town Council and Board of Trustees Item # 10 – Necessary Action Town Council and Board of Trustees Item # 11 – Town Council and Board of Trustees Recap and Staff Direction FUTURE AGENDA ITEMS: Any Council or Board Member may request at a workshop and / or Council or Board meeting, under “Future Agenda Item Requests”, an agenda item for a future Council or Board meeting. The Council or Board Member making the request will contact the Town Manager/Superintendent with the requested item and will list it on the agenda. At the meeting, the requesting Board Member will explain the item, the need for Council/Board discussion of the item, the item’s relationship to the Council and/or Board’s strategic priorities, as well as the amount of estimated staff time necessary to prepare for Council or Board discussion. If the requesting Council or Board Member receives a second, the Town Manager/ Superintendent will place the item on the Council or Board of Trustees agenda calendar, allowing for adequate time for staff preparation on the agenda item. Town Council and Board of Trustees Item # 12 – Future Agenda Items Town Council and Board of Trustees Item # 13 – Adjournment of the Town Council and Board of Trustees Meeting