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06-21-21 Joint TC BOT Agenda PacketTC/BOT Agenda – 6/21/2021 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 JUNE 21, 2021 4:30 P.M. MEETING 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 4:30 p.m. on Monday, June 21, 2021. In order to advance the public health goal of promoting "social distancing" to slow the spread of the Coronavirus (COVID- 19), there will be limited public access to the physical location described above. A limit of thirty (30) seats will be available to the public on a first-come, first-serve basis. A recording of this meeting will be made and will be available to the public in accordance with the Open Meetings Act. 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. PLEDGE OF ALLEGIANCE 3. CITIZEN COMMENTS: This is an opportunity for citizens to address the Town Council or Board of Trustees on any matter, whether or not it is posted on the agenda. 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 Town Council and Board of Trustees cannot by law take action nor have any discussion or deliberations on any presentation made at this time concerning an item not listed on the agenda. The Town Council and Board of Trustees will receive the information, ask staff to review the matter, or an item may be noticed on a future agenda for deliberation or action. 4. 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. 5. CONSENT AGENDA: All items listed below are considered routine by the Town Council and Board of Trustees 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 Consider approval of the minutes from Joint Town Council/Board of Trustees meeting on February 8, 2021. TC/BOT Agenda – 6/21/2021 Page 2 of 4 b. Consider approval of Resolution 21-20, awarding the bid and approval of the firm Weaver & Tidwell, LLP to perform the Town of Westlake’s independent auditing services for a three (3) year period, with the option of two (2) additional years, and authorizing the Finance Director to execute the FY 2021 and subsequent years’ engagement letters on behalf of the Town of Westlake. c. Consideration and approval of Resolution 21-21, approving membership with the North Central Texas Council of Governments (NCTCOG). d. Consider approval of WA Resolution 21-06, authorizing a waiver from the State of Texas CPR instruction requirement for the Graduating Class of 2021. e. Consider approval of Resolution 21-22, accepting a generous donation from Deloitte to be used exclusively for Public Art, Public Safety, and Westlake Academy. 6. CONSIDER APPROVAL RESOLUTION 21-23, AUTHORIZING PUBLICATION OF NOTICE OF INTENTION TO ISSUE COMBINATION TAX AND REVENUE CERTIFICATES OF OBLIGATION; AUTHORIZING THE PREPARATION OF A PRELIMINARY OFFICIAL STATEMENT AND NOTICE OF SALE; AND PROVIDING FOR OTHER MATTERS INCIDENTAL THERETO. 7. CONSIDER APPROVAL OF RESOLUTION 21-24, EXPRESSING INTENT TO REIMBURSE EXPENDITURES FROM PROCEEDS OF FUTURE OBLIGATIONS. 8. CONDUCT A PUBLIC HEARING AND CONSIDER APPROVAL OF RESOLUTION 21- 25, APPROVING PROPOSED AMENDMENTS TO THE PRELIMINARY SITE EVALUATION FOR SPENCER RANCH (NOW CALLED WESTLAKE RANCH), LOCATED IN THE PD7 ZONING DISTRICT AT THE SOUTHEAST CORNER OF PEARSON LANE AND ASPEN LANE. 9. REVIEW AND DISCUSSION OF WESTLAKE ACADEMY PROOF OF RESIDENCY POLICY. 10. RECAP OF THE JUNE 17, 2021 BUDGET RETREAT. 11. PRESENTATION AND DISCUSSION REGARDING THE COVID-19 PANDEMIC, INCLUDING UPDATES AND RECOMMENDATIONS ON MUNICIPAL AND ACADEMIC OPERATIONS. 12. 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 TC/BOT Agenda – 6/21/2021 Page 3 of 4 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: - Front 44 - Entrada b. 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. c. 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. d. Section 551.071 - Discussion with the Town Attorney regarding pending, threatened, or contemplated litigation regarding BRS. e. Section 551.071 - Consultation with Attorney - to seek advice of counsel regarding Granada Homeowners' Association and ACC matters. 13. RECONVENE MEETING 14. TAKE ANY ACTION, IF NEEDED, FROM EXECUTIVE SESSION ITEMS. 15. COUNCIL RECAP/STAFF DIRECTION 16. 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. a. by Council for Discussion i. Historical Designations for various properties in Westlake (5/24) b. Proposed Items c. Pending items i. Westlake Academy Data Request 17. 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. TC/BOT Agenda – 6/21/2021 Page 4 of 4 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, June 18, 2021, by 4:30 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. United States Pledge "I pledge allegiance to the flag of the United States of America, and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all." Texas Pledge “Honor the Texas flag; I pledge allegiance to the, Texas, one state under God, one and indivisible.” Town Council/Board of Trustees Item # 2 – Pledge of Allegiance CITIZEN COMMENTS: This is an opportunity for citizens to address the Town Council or Board of Trustees on any matter, whether or not it is posted on the agenda. 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 Town Council or Board of Trustees cannot by law take action nor have any discussion or deliberations on any presentation made at this time concerning an item not listed on the agenda. The Town Council or Board of Trustees 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/ Board of Trustees Item #3 – 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. Calendar of Meetings/Events: Town Council Meeting Monday, June 21, 2021; 5:00 pm* Westlake Town Hall, Solana Terrace-Bldg.7, Suite 7100 (In-person, limited seating for social distancing) Fire Department Proposed Consolidation Meeting (Meeting #1) Wednesday, June 30, 2021; 6 pm 2000 Dove Road, Westlake, TX 76262 This is the first meeting is to gain feedback from residents about the proposed merger of the Westlake-Keller Fire Departments. This will be held in Westlake. Town of Westlake Holiday Town Hall and the Municipal Court will be closed to observe the Independence Day holiday Monday, July 5, 2021 Fire Department Proposed Consolidation Meeting (Meeting #2) Monday, July 12, 2021; 6 pm Keller Town Hall, 1100 Bear Creek Pkwy, Keller, TX 76248 This is the second meeting is to gain feedback from residents about the proposed merger of the Westlake-Keller Fire Departments. This will be held in Keller. Terra Bella/Glenwyck/Dove Road Residents Neighborhood Meeting Tuesday, August 24, 2021 1760 Terra Bella Drive, Westlake, TX 76262 *There are NO Town Council, Board of Trustees, or Planning & Zoning meeting scheduled for July. *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/ Board of Trustees Item # 4 – Items of Community Interest TC/BOT Minutes – 02/08/21 Page 1 of 7 MINUTES OF THE JOINT TOWN OF WESTLAKE TOWN COUNCIL AND WESTLAKE ACADEMY BOARD OF TRUSTEES MEETING FEBRUARY 8, 2021 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 conducted a joint meeting at 5:00 p.m. on Monday, February 8, 2021 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 Rick Rennhack, Rajiv Trivedi, Carol Langdon, and Alesa Belvedere. ABSENT: Council Member Greg Goble OTHERS PRESENT: Town Manager Amanda DeGan, Deputy Town Manager Noah Simon, Assistant Town Manager Jarrod Greenwood, Town Attorney Stan Lowry, Town Attorney Matthew Butler, Town Attorney Sarah Walsh, Town Secretary Todd Wood, Director of Information Technology Jason Power, Director of Finance Ginger Awtry, Director of Public Works & Facilities Troy Meyer, Fire Chief Richard Whitten, Director of Planning & Development Ron Ruthven, Communications Manager Jon Sasser, Business Manager Marlene Rutledge, Finance & Budget Analyst Kelsey Wong, Business Services Manager Tamara Cole, Executive Director Dr. Mechelle Bryson, Administration and Accountability Director Darcy McFarlane, Assistant PYP Principal Beckie Paquin, MYP Principal Kaylene Rudd, Assistant MYP Principal Maxwell Ituah, DP Principal Dr. James Owen, College Counselor Carl Tippen, Administrative Assistant Julie Kelly, Mike Peterson with Graham Associates, William Besse, and Sheldon Gilbert with Emergency Consulting Services International. Regular Session 1. CALL TO ORDER TC/BOT Minutes – 02/08/21 Page 2 of 7 Mayor Wheat called the Regular Session to order at 5:07 p.m. 2. CITIZEN COMMENTS Mayor Wheat provided a brief summary of instructions to the public for citizen comments. She asked that any attendees wishing to speak on pandemic-related matters Westlake Academy pandemic to please hold their comments until this agenda item is presented. She noted that she would move this agenda item (Item #9) forward to be addressed after the Consent Agenda (Item #4). Susan Limberg addressed the Town Council. She began by stating that her child had not been in the classroom for nearly one year and requested that the Board look at some of the ineffective and potentially over-quarantining practices from an academic, emotional, and social standpoint. She stated concerns regarding current decisions after the recent PSAT test, the quarantine of a large number of students over a single positive case was not in their best interest. She felt while there are many challenges due to the pandemic, the current practices should be reviewed. Staff responded that these decisions were made after careful review of video footage, where some students were congregating in large numbers without properly social distancing. Dr. Anna White then addressed the Town Council. She began by thanking the Board for the opportunity to speak, and that she believed everyone was doing their best with the information that they had. However, she felt that there were gaps with the current policy and the policy from the previous year. She felt it was important to balance policy decisions based on social, emotional, educational, and medical considerations. She stated that she believed that based on medical science, Westlake Academy could successfully re-open. Superintendent Amanda DeGan stated that information would be gathered and analyzed; however, the school has been very consistent with the practices related to the pandemic. Additionally, Westlake Academy has many challenges that most schools do not face, since it is a K-12 campus. MOTION: Mayor Wheat asked for a motion to approve the new protocols that are proposed for contact tracing. Council Member Rennhack made a motion to approve. Council Member Trivedi seconded the motion. The motion carried by a vote of 4-0. 3. ITEMS OF COMMUNITY INTEREST Communications Manager Jon Sasser provided an update on the following items: Westlake Academy and Municipal Offices CLOSED: Monday, February 15, 2021 in observation of President’s Day. Spring Break: Westlake Academy will be closed for Spring Break from March 15-19, 2021. TC/BOT Minutes – 02/08/21 Page 3 of 7 114 Construction: Frontage roads between Westlake and Southlake are currently being constructed and is scheduled to be a three (3) year project. A new website had been created that will contain maps, timelines, and information regarding lane closures. This page will be updated weekly. New Business in Westlake: Stone Surgical Arts had their grand opening and ribbon cutting ceremony last week. In addition, several businesses will be coming to Westlake, including Lift Fitness, Eyes on Westlake, and the Sophia Elaine Salon. 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 26, 2020. b. Consider approval of Westlake Academy Resolution 21-01, repealing Resolution 10-35 and adopting an updated Vehicle Transportation Policy. MOTION: Mayor Wheat asked for a motion to approve the consent agenda. Council Member Langdon made a motion to approve. Council Member Trivedi seconded the motion. The motion carried by a vote of 4-0. Mayor Wheat then proceeded to Item #9 on the agenda. Item #5 followed in regular succession afterward. 5. EXECUTIVE SESSION: The Town Council/Board of Trustees recessed into Executive Session at 7:11 p.m. The Council will conduct a closed session pursuant to Texas Government Code, annotated, Chapter 551, Subchapter D for the following: a. Sec 551.076 – Deliberation Regarding Security Devices or Security Audit to deliberate: (1) the deployment, or specific occasions for implementation of security personnel or devices; or (2) a security audit. b. 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: - Front 44 - Entrada - Project “YYZ” TC/BOT Minutes – 02/08/21 Page 4 of 7 - 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. 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 551.073 – Deliberations Regarding Gifts and Donations. 6. RECONVENE MEETING The Town Council/Board of Trustees reconvened into Regular Session at 8:39 p.m. 7. TAKE ANY ACTION, IF NEEDED, FROM EXECUTIVE SESSION ITEMS. None. 8. CONSIDER AN ORDINANCE AMENDING THE WESTLAKE CODE OF ORDINANCES, CHAPTER 90, ARTICLE II, ROADWAY FACILITIES; AND CHAPTER 36-43, STREET DESIGN SPECIFICATIONS, ADDING SUBSECTION (N) STREET ACCESS MANAGEMENT AND CONNECTION. Director of Planning and Development Ron Ruthven introduced this item. He stated staff recommended approval of this ordinance, which would provide a greater degree of consistency between the Code of Ordinances and recommendations contained in the Comprehensive Plan. MOTION: As there were no questions or comments, Mayor Wheat asked for a motion to approve amending Chapter 90 of the Code of Ordinances, as proposed. Council Member Belvedere made a motion to approve. Council Member Rennhack seconded the motion. The motion carried by a vote of 4-0. 9. PRESENTATION AND DISCUSSION REGARDING THE COVID-19 PANDEMIC, INCLUDING UPDATES AND RECOMMENDATIONS ON MUNICIPAL AND ACADEMIC OPERATIONS. This Item was heard by the Town Council/Board of Trustees following Item #4. Town Manager/Superintendent Amanda DeGan noted that a presentation would be shown. Ms. DeGan stated that she wanted to show the Council what steps have been taken throughout the year for Westlake staff members and students and the reasoning for those decisions. Mrs. DeGan then gave a brief historical overview of the plan that had been developed over the summer months in accordance with CDC guidelines, which focused on prevention, mitigation, and responding to the COVID-19 virus on campus. This information was used on how preparations and protocols were developed at Westlake Academy. Recently, TC/BOT Minutes – 02/08/21 Page 5 of 7 feedback has been received from parents and others questioning the staff’s adherence to what has been published and required by the CDC (Center for Disease Control). Mrs. DeGan then stated that staff has reviewed this plan over the last ten (10) days to ensure the measures taken were being applied correctly based on CDC and TEA guidelines, as well as experts at the county level. Recently staff spent thirty (30) minutes meeting with epidemiologists with Tarrant County Public Health, as well as having conversations with the Director of Tarrant County Public Health. Mrs. DeGan then reminded the Council that the COVID response team, led by Mr. Carl Tippen, was formed prior to students returning to campus, and had completed a training program through Johns Hopkins University. This team is comprised of staff members from various departments, and also communicate with parents and local health officials. Mrs. DeGan then noted that since returning to campus in September, 46 cases have been identified as positive or “presumptive positive”. Most of these cases have occurred in the last three (3) months, accounting for approximately forty (40) of these cases. In addition, thirteen (13) staff members have tested positive, and transmissions appear to be more likely within households. Overall, the number of positive cases in the area are trending down but remain above the 15% occupancy rate for Intensive Care hospital beds being occupied by COVID-19 patients. The CDC website continues to define close-contact exposure as being within six (6) feet of others for fifteen (15) minutes or longer. At this time, staff recommends that a fourteen (14) day quarantine period would remain in effect, as opposed to alternate ten (10) or (7) day quarantine periods. Director of Facilities and Public Works Troy Meyer added that air filters have been added to each individual classroom. Mrs. DeGan then noted that she had been in contact with other schools and compared Westlake Academy’s protocols to the data that has been shared. Westlake Academy’s protocols were not vastly different from these schools, and was consistent with CDC, TEA, as well as Tarrant and Denton County guidelines. She then provided details of Westlake Academy’s methods of contract tracing and quarantine periods and recommended that the quarantine protocols that were implemented on October 14, 2020 continue to remain in effect. Mayor Wheat then transitioned to Item #4 on the agenda. 10. PRESENTATION AND DISCUSSION OF THE RISK MANAGEMENT PLAN REPORT REGARDING THE COMMUNITY RISK ASSESSMENT AND STANDARDS OF COVER CONDUCTED BY EMERGENCY SERVICES CONSULTING INTERNATIONAL. Fire Chief Richard Whitten introduced this item. He began by stating that one of the strategic objectives that staff has recently completed pertained to the Standards of Cover. He said that in the previous year, the Town contracted with Emergency Services Consulting International to conduct a community Risk Assessment and a plan for Standards of Cover. This is a strategic tool that illustrates where the Town currently compares to national standards and also provides the Town Council with the information that will help determine what level of service they would like to provide. TC/BOT Minutes – 02/08/21 Page 6 of 7 Sheldon Gilbert with Emergency Consulting Services International provided a presentation to the Town Council on the results of the study. He explained the observations, conclusions, and recommendations for the department based on this study. The study also included the residential fire “critical tasking” elements that were critical, noting that the department was “lean”. Mr. Gilbert then explained the service demands, temporal analysis, incident density, and response time maps. This study also recommended an additional fire station on the west side of town and a ladder truck as the Town of Westlake continues to grow. 11. CONSIDER APPROVAL OF RESOLUTION 21-05, AMENDING RESOLUTION 09-02 THAT ESTABLISHED A POLICY FOR NAMING TOWN OWNED FACILITIES AND PARKS, AND TO PROVIDE GUIDELINES AND STANDARDS FOR THE SUBMISSION OF INDIVIDUALS OR ENTITIES FOR NAMING OPPORTUNITIES. Director of Public Works and Facilities Troy Meyer provided a brief presentation of this item, and briefly covered the six (6) current standards in the naming policy. Ms. Darcy McFarlane then presented a history of the policy; showing the changes that have been made since inception of the policy and potential considerations for future changes. After a brief discussion, the Town Council chose to table this item to be addressed at a later meeting. 12. CONSIDER AN ORDINANCE AMENDING CHAPTER 90, ARTICLE II, TRAFFIC AND SPEED CONTROL, DIVISION 3, SPEED, SECTION 90-79, CERTAIN STREETS, ADDING SUBSECTION 16, AS AMENDED, TO ESTABLISH A PRIMA FACIE SPEED FOR SCHWAB WAY. Director of Public Works and Facilities Troy Meyer introduced this item. He stated that a speed limit was required to be established for Schwab Way, which connects SH114 and Ottinger Road. Although it was designed for a speed limit of 35 mph, staff recommends a speed limit of 30 mph. MOTION: Mayor Wheat asked for a motion to approve amendments to Chapter 90, as stated. Council Member Trivedi made a motion to approve. Council Member Langdon seconded the motion. The motion carried by a vote of 4-0. 13. COUNCIL RECAP/STAFF DIRECTION Obtain CDC information related to ventilation. 14. 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 Minutes – 02/08/21 Page 7 of 7 None. 15. ADJOURNMENT There being no further business before the Town Council or Board of Trustees, Mayor Wheat asked for a motion to adjourn the meeting. MOTION: Council Member Rennhack made a motion to adjourn the meeting. Council Member Trivedi seconded the motion. The motion carried by a vote of 4-0. Mayor Wheat adjourned the meeting at 9:38 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. APPROVED BY THE TOWN COUNCIL ON JUNE 7, 2021. ATTEST: _____________________________ Laura Wheat, Mayor __________________________ Todd Wood, Town Secretary Page 1 of 2 TOWN COUNCIL AGENDA ITEM Regular Meeting - Consent Monday, June 21, 2021 TOPIC: Consider awarding the bid and approval of the firm Weaver & Tidwell, LLP to perform the Town of Westlake’s independent auditing services for a three (3) year period, with the option of two (2) additional years, and authorizing the Finance Director to execute the FY 2021 and subsequent years’ engagement letters on behalf of the Town of Westlake. STAFF: Ginger Awtry, Finance Director STRATEGIC ALIGNMENT Vision, Value, Mission Perspective Strategic Theme & Results Outcome Objective Transparent / Integrity- driven Government Municipal & Academic Operations High Quality Planning, Design & Development - We are a desirable well planned, high-quality community that is distinguished by exemplary design standards. Increase Transparency, Accessibility & Communications SUMMARY A “Request for Proposal” was published in the newspaper May 9 and May 16, 2021, and posted on the Town’s website May 7, 2021, with sealed proposals to be received by May 31, 2021. We received two (2) proposals to perform the Town’s audits from Patillo, Brown & Hill, LLP (PB&H) and Weaver & Tidwell, LLP (Weaver). An approved AICPA Audit Proposal Evaluation Matrix was used in the awarding this bid. The local firm of Weaver and Tidwell, LLP (Weaver) scored higher using the evaluation tool taking into effect many valuable aspects needed in an auditing firm and the best value for the Town of Westlake. While Weaver allocated more hours to the audit, the lowest proposal in cost was from Patillo Brown and Hill, LLP (PB&H). However, please see the attached Proposal Evaluation Matrix for reasoning behind the scoring. PB&H did not submit the required Fom 1295 as requested. Several staff members assigned to the Town’s audit in both firms have reviewed audits submitted to the GFOA Certificate of Achievement program and will be helpful in implementing any new ideas and giving constructive feedback regarding our award submittals. Weaver’s schedule was preferred over PB&H especially regarding the timing of the first few sections of the audit: planning & risk assessment and fieldwork. PB&H schedule appeared to be very compressed. Please see the attached analysis for more details regarding the selection of a firm. Page 2 of 2 COUNCIL ACTION/OPTIONS Council may approve or deny Staff’s recommendation of the selected auditing firm from the two proposals received and provide further direction. STAFF RECOMMENDATION Approval of the resolution to award the bid based on a detailed evaluation (attached) and approve Weaver & Tidwell, LLP to perform the Town of Westlake’s audits (municipal and academic) for a 3-year period with the option of 2 additional years and authorize the Finance Director to execute the FY 2021 and subsequent years’ engagement letters on behalf of the Town. FISCAL/SERVICE LEVEL IMPACT TO COMMUNITY Project Cost/Funding Amount: $41,000-Municipality; $20,000-Westlake Academy Funding Source: Multiple Sources - see comments below • Municipal allocation between the General Fund (70%), Utility Fund (15%) and the Visitors Association Fund (15%) Contract: Yes Forms: Forms 1295 & 2270 DEVELOPMENT/MOBILITY IMPACT TO COMMUNITY N/A ATTACHMENTS Audit Proposal Evaluation Resolution with Exhibit “A” – Selected Proposal of Weaver & Tidwell, LLP Points CPA Firm A CPA Firm B Comments Approach to Audit Quality 25 points max Weaver PB&H The proposal outlines an audit approach that is tailored based on obtaining an understanding of the organization's activities, operating systems, personnel and special needs.0-5 5 3 W-much more detail on approaches & importance of them to our audit The proposal indicates an audit approach that is tailored based on the firm's advanced understanding of your organization's industry.0-5 5 3 PB&H-No mention of WA or Affiliates needs, uniqueness of our org or needs The proposal outlines the firm's processes for ensuring an efficient and effective audit process.0-5 5 4 W-dedicated more hours to our audit (which does effect pricing diff) & timing of scheduled work more spread out and desired The proposal showcases the firm’s commitment to providing quality audit services by voluntarily adhering to higher standards of audit quality. This is evidenced by sharing their current unqualified peer review report resulting from the American Institute of CPAs external peer review process.0-5 5 5 The proposal indicates the firm is a dedicated member of one or more of the following firm-based voluntary membership quality centers for firms that perform audits: • AICPA Center for Audit Quality • AICPA Private Companies Practice Center (PCPS) • AICPA Governmental Audit Quality Center • AICPS Employee Benefit Plan Audit Quality Center • AICPA|PCPS Center for Plain English Accounting 0-5 5 5 Team Knowledge and Experience 30 points max The proposal highlights the firms commitment to professional training and staff continuity. 0-5 5 5 The proposal outlines qualifications, industry experience, licenses and strengths for all partners. 0-5 5 4 W-more details provided here in proposal The proposal specifies the strengths of assigned team members as well as their years of prior experience in the particular industry and type of engagement.0-5 5 3 W-sressed importance of team continuity and overal communication needed for our organization The proposal identifies how the firm will comply with applicable industry reporting regulations, if applicable 0-5 5 5 The proposal provides the firm's background, client base, licensing information and years in business. 0-5 5 5 Town of Westlake Audit Proposal Evaluation Matrix - June 2021 This tool can assist in evaluating the various proposals from CPA firms interested in performing your audit engagement. Keep in mind that low cost should not overshadow value and audit quality. Step 1: Grade the various criteria outlined in the proposal. Assign points based on the range recommended. Proposal Criteria Points CPA Firm A CPA Firm B CommentsProposal Criteria If the firm does not have relevant experience in your particular industry, the proposal specifies that the firm has identified a firm with the applicable expertise/specialty to affiliate with to assist with this engagement and provides the affiliate firm's qualifications, background and experience.0-5 0 0 Neither firm addressed this specifically Unique Qualifications 10 points max The proposal conveys a positive and confident feeling derived from the firm's business beliefs, communication practices and unique qualifications of which lays the foundation for a trusted relationship.0-10 5 3 W-stated importance & provided deeper detail on approaches & value as our auditors Value Added Services 10 points max The proposal provides a listing of additional value added services the firm provides beyond the audit engagement. (e.g. proactively monitor and communicate topics relevant to your financial and business operations all year long that may impact your future success)0-5 5 3 W-clearly evident throughout proposal with emphasis; also industry reputation well known in providing It is evident that the firm understands our business and our challenges. The firm is committed to being our business advisor, beyond the audit engagement 0-5 5 4 W-more detailed with help beyond the audit Scope and Pricing of the Engagement 25 points max The proposal clearly provides a framework for the scope, timing, steps and resources to complete the engagement.0-5 5 5 The proposal specifies the price for the engagement and how it will be billed.0-5 5 5 The proposal specifies fees to be paid to specialists for the engagement (if any).0-5 3 4 W-no specific specialists fees cited but they do not charge any extra fees; all-inclusive The proposal addresses all items requested by us whether verbally or in the RFP 0-5 5 5 The proposed fee is reasonable based on the experience, unique value and knowledge the firm brings to the engagement. 0-5 3 4 W-more hours allocated to audit effecting price difference, perception/details of unique value greater, all inclusive pricing-no extra charges; PB&H-pricing seems to be low for scope/uniqueness of our org & affiliates plus perception of need for add'l charges including out of pocket expenses added. 100 86 75 Based on the evaluation matrix scoring, specifically regarding a more detailed and personalized approach to audit quality, more hours alloted to audit, & the stated detailed philosophy and commitment to on-going assistance throughout the year, Staff's recommendation to Council is to award the bid and approve the firm of Weaver & Tidwell, LLP to perform the Town of Westlake and its affiliates auditing services. Total Points Step 2: Based on the above grading, document your decision to award the engagement to the proposal with the highest points. Resolution 21-20 Page 1 of 2 TOWN OF WESTLAKE RESOLUTION NO. 21-20 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, AWARDING THE BID AND APPROVING THE FIRM OF WEAVER & TIDWELL, LLP TO PERFORM INDEPENDENT AUDITING SERVICES FOR A 3-YEAR PERIOD WITH THE OPTION OF 2 ADDITIONAL YEARS AND AUTHORIZING THE FINANCE DIRECTOR TO EXECUTE THE FY 2021 AND SUBSEQUENT YEARS’ ENGAGEMENT LETTERS ON BEHALF OF THE TOWN OF WESTLAKE. WHEREAS Section 103.001 of the Local Government Code requires that a municipality shall have its records and accounts audited annually and shall have an annual financial statement prepared based on the audit; and WHEREAS Section 103.002 of the Local Government Code requires that a municipality shall employ at its own expense a certified public accountant who is licensed in this state or a public accountant who holds a permit to practice from the Texas State Board of Public Accountancy to conduct the audit and to prepare the annual financial statements, and WHEREAS the Town Council is committed to the financial stability of the Town of Westlake and feels it is in the best interest of the citizens to award the bid after a proposal analysis was completed and obtain the services of this firm to perform the Town’s audits as set forth above; and, WHEREAS the funds to facilitate the audits will be included in the proposed FY 2021- 2022 municipal budget and the subsequent year’s budgets as necessary. 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 Council of the Town of Westlake does hereby award the recommended bid for auditing services and approves the firm of Weaver & Tidwell, LLP, to perform the Westlake independent audits for FY2021-23, with a possible 2-year extension option, attached hereto as Exhibit “A”; and further authorizes the Director of Finance to execute this agreement via engagement letters for FY2021, and noted subsequent years’ letters, on behalf of the Town of Westlake, Texas. 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. SECTION 4: That this Resolution shall become effective from and after its date of passage. Resolution 21-20 Page 2 of 2 PASSED AND APPROVED ON THIS 21st DAY OF JUNE 2021. ___________________________________ Laura Wheat, Mayor ATTEST: ________________________________ ___________________________________ Todd Wood, Town Secretary Amanda DeGan, Town Manager APPROVED AS TO FORM: ________________________________ L. Stanton Lowry, Town Attorney Page 1 of 2 TOWN COUNCIL AGENDA ITEM Regular Meeting - Consent Monday, June 21, 2021 TOPIC: Consideration and approval of a Resolution approving membership with the North Central Texas Council of Governments (NCTCOG). STAFF: Nick Ford, Development Coordinator STRATEGIC ALIGNMENT Vision, Value, Mission Perspective Strategic Theme & Results Outcome Objective Planned / Responsible Development Fiscal Stewardship High Quality Planning, Design & Development - We are a desirable well planned, high-quality community that is distinguished by exemplary design standards. Optimize Planning & Development Capabilities SUMMARY NCTCOG is a political subdivision of the State of Texas, but has no regulatory power or other authority possessed by cities, counties or other local governments. NCTCOG's decisions are not binding on member governments, but are considered and adopted as members' needs require. The Town of Westlake has partnered with the NCTCOG on several occasions, however, we have not been a member city with the organization. Being a member city allows one of our elected or appointed officials to participate in the General Assembly where they elect officers and directors to the NCTCOG Executive Board. Membership also contains perks of discounted membership pricing on publications, services and products NCTCOG may offer. Dues for cities under 2,000 in popualtion are $100 per year. STAFF RECOMMENDATION Staff recommends approval of this item. Page 2 of 2 COUNCIL ACTION/OPTIONS • Approve Resolution; • Deny Resolution STAFF RECOMMENDATION Staff recommends approval of this Resolution. FISCAL/SERVICE LEVEL IMPACT TO COMMUNITY Project Cost/Funding Amount: $100.00 Funding Source: General Fund Contract: No Forms: N/A Service Levels: DEVELOPMENT/MOBILITY IMPACT TO COMMUNITY Westlake Academy: N/A Comprehensive Plan: N/A Cost Recovery Analysis: N/A Traffic Impact: N/A Forms: N/A ATTACHMENTS NCTCOG Membership Bylaws - Exhibit “A” Approving Resolution and Exhibit Res 21-21 Exhibit “A” Page 1 of 9 Bylaws Adopted by General Assembly June 15, 2018 BYLAWS (REVISED) OF THE North Central Texas Council of Governments 2018 * * * * * * INTRODUCTION The North Central Texas Council of Governments (NCTCOG) is the regional planning commission for the 16-county Texas State Planning Region 4 comprising Collin, Dallas, Denton, Ellis, Erath, Hood, Hunt, Johnson, Kaufman, Navarro, Palo Pinto, Parker, Rockwall, Somervell, Tarrant and Wise counties. NCTCOG is a Texas political subdivision and non-profit corporation organized and operating under Texas Local Government Code Chapter 391. STATEMENT OF PRINCIPLES AND POLICIES 1. The underlying concept of the North Central Texas Council of Governments (hereinafter referred to as the Council) is that the general purpose units of government, which are closest to the people, should exercise the basic initiative and leadership and have the primary responsibility for dealing with those problems and needs which require action on an areawide or regional basis. 2. The physical, economic, and social well-being of the region, its citizens and business enterprises, now and in the future, are dependent upon an orderly development of the entire region. This will be possible only with the successful coordination of governmental services and policies. 3. Counties and cities are the principal units of local government in the region. As such, they have the responsibility for anticipating and meeting the local governmental needs which future development will produce, including the need for joint and coordinated areawide services. 4. County and city governing bodies are, and should continue to be, the top policy makers in local government. They are directly concerned with all services and regulations affecting the public in their communities. 5. Constructive and workable policies and programs for meeting and solving the areawide problems of local government will be most effectively and expeditiously developed by regular meetings of governmental unit members in an areawide voluntary council dedicated to the solution of these problems. 6. The Council is an organization through which individual governmental units can coordinate their efforts. It is not in itself a government nor does it seek to become one. 7. The Council shall consider such matters as are areawide or regional in nature or as requested by or deemed beneficial to its member governments. Res 21-21 Exhibit “A” Page 2 of 9 Bylaws Adopted by General Assembly June 15, 2018 MEMBERSHIP Section I. Membership in the Council of Governments shall be voluntary and will be determined by passage of a resolution, the payment of dues, and shall be open to the following eligible entities: A. Any county in State Planning Region 4, as determined by the Office of the Governor, State of Texas. B. Any incorporated cities, municipalities, towns, and villages within State Planning Region 4, as determined by the Office of the Governor, State of Texas. C. Any authority, district or other political subdivision of the State within State Planning Region 4, as determined by the Office of the Governor, State of Texas. GENERAL ASSEMBLY Section II. A. The General Assembly shall be composed of one (1) elected or appointed public official from each governmental member of the Council whose annual dues are current. The General Assembly shall be responsible for the election of officers, directors and for amendments to these Bylaws except as otherwise provided herein. B. The members present at any Assembly meeting shall constitute a quorum, and the majority vote of said members shall decide any business under consideration except Bylaws. Bylaws may be revised by an affirmative vote of seventy-five percent (75%) of the members present. (See Section XI.) C. The General Assembly shall elect a President, Vice President, Secretary- Treasurer, and Directors to serve on the Executive Board. GENERAL MEMBERSHIP (GENERAL ASSEMBLY) MEETINGS Section III. A. An annual membership meeting of the General Assembly shall be held after the municipal elections for the purpose of electing Officers and Directors to the Executive Board. Additional meetings may be called by the Executive Board, as necessary. General membership meetings shall be for the purposes of amending Bylaws, electing officers, and conducting any other business which may be deemed appropriate. Res 21-21 Exhibit “A” Page 3 of 9 Bylaws Adopted by General Assembly June 15, 2018 B. Written notice of the time, date and location of general membership meetings shall be transmitted to each member government entitled to vote thereat (at the member's physical or electronic address as it appears on the books of the Council) at least ten (10) days prior to the meeting. C. Special general membership meetings, for any purpose or purposes, shall be called by the President at the written request of a majority of the members of the General Assembly. D. Written notice of special general membership meetings, stating the time, place, and object of such meetings, and the business to be transacted, shall be transmitted to each member government entitled to vote thereat, at least ten (10) days before such meeting. Business transacted at all special meetings shall be confined to the objects and business to be transacted as stated in the notice. E. The time, date, and location of all general membership meetings shall be determined by the President as recommended by the Executive Board. ROLE AND RESPONSIBILITIES Section IV. A. The Council shall be concerned with the planning of the region with respect to transportation, water supply, storm water, waste water, flood management, emergency management, work force development, community services, data support services, land use, environmental protection, public facilities, conservation, and any other governmental functions beneficial to its members. Such Council shall be vested with full authority to perform all acts, to render all services, to initiate all studies and to make all recommendations authorized by law. The Council is authorized to apply for, contract for, receive and expend for its purposes, any funds or grants from any participating governmental unit or from the State of Texas, Federal Government, or any other sources, and to contract with and receive payments for services rendered to any incorporated municipality, the State of Texas or any of its political subdivisions, or the Federal Government. The Council shall have no power to levy any character of tax whatsoever. The participating governmental units shall pay annual dues, as determined by the Executive Board, to the Council to help offset the costs and expenses required in the performance of its purpose. The Council is empowered to make use of funds to employ staff and/or agents, rent office space, and contract for goods and services as it deems necessary to expeditiously carry to completion any studies, activities and/or programs with which it may be charged. B. A member government(s) may request the Council to conduct or administer a special study, activity or service on their behalf wherein they agree to pay or share in the costs of such. If said study, activity or service is deemed feasible by the Council, it may enter into an agreement(s) with the member government(s) and any other interested parties to conduct same. Res 21-21 Exhibit “A” Page 4 of 9 Bylaws Adopted by General Assembly June 15, 2018 EXECUTIVE BOARD Section V. A. The Executive Board shall constitute the Board of Directors and governing body of the Council and shall be responsible for the general policies, programs and the control of funds. B. The Executive Board shall also be responsible for approving a work program, including a complement of personnel to implement it, adopting the annual budget following a public hearing of such budget, and making necessary amendments to the budget during the fiscal year. C. The Executive Board shall be empowered to appoint an Executive Director as the chief administrative and executive officer of the Council. D. The Executive Board shall be empowered to employ consultants and to authorize contracts necessary to carry out the business of the Council. E. The Executive Board shall be empowered to appoint study committees, technical advisory committees, and policy development committees deemed necessary to carry out the business of the Council. F. The President of the Executive Board shall appoint a nominating committee comprised of Past Presidents to prepare a slate of Officer and Director candidates for consideration at the annual membership meeting of the General Assembly. G. The Executive Board shall meet regularly at least once each month, unless otherwise determined by its members, to conduct the continuing business of the Council. H. Representation on the Board shall meet the following minimum requirements at all times: Counties (6 Seats) • Four (4) locally elected officials on the Board shall be representatives from the four (4) largest populated member Counties (one from each County), as of the last official census. • One (1) locally elected official on the Board shall be from a member County with a population of between Seventy Five Thousand (75,000) and Six Hundred Fifty Thousand (650,000), as of the last official census. • One (1) locally elected official on the Board shall be from a member County with a population of less than Seventy Five Thousand (< 75,000), as of the last official census. Cities (10 Seats) Res 21-21 Exhibit “A” Page 5 of 9 Bylaws Adopted by General Assembly June 15, 2018 • Three (3) locally elected officials on the Board shall be representatives from the three (3) largest populated member Cities (one from each City), as of the last official census. • One (1) locally elected official on the Board shall be from a member City with a population of between Two Hundred Thousand (200,000) and Three Hundred Fifty Thousand (350,000), as of the last official census. • One (1) locally elected official on the Board shall be from a member City with a population of between One Hundred Thousand (100,000) and Two Hundred Thousand (200,000), as of the last official census. • One (1) locally elected official on the Board shall be from a member City with a population of between Fifty Thousand (50,000) and One Hundred Thousand (100,000), as of the last official census. • One (1) locally elected official on the Board shall be from a member City with a population of between Twenty Thousand (20,000) and Fifty Thousand (50,000), as of the last official census. • One (1) locally elected official on the Board shall be from a member City with a population of less than Twenty Thousand (20,000), as of the last official census. • One (1) locally elected official on the Board shall be from a member City with a population of between Fifty Thousand (50,000) and Three Hundred Fifty Thousand (350,000), as of the last official census. • One (1) locally elected official on the Board shall be from a member City with a population of less than Fifty Thousand (< 50,000), as of the last official census. No entity shall have more than one representative on the Board at any one time, with the exception that the Past President shall serve in a designated position on the Board and shall not be deemed to be a representative of any specific entity. I. The Executive Board shall be composed of the following members: 1. The Immediate Past President of the Council; 2. The sixteen (16) Directors of the Council; and, 3. One (1) ex-officio, non-voting member who is a Texas State Legislator representing a Legislative District that is located in-whole or in-part in a county holding membership in the North Central Texas Council of Governments for so long as required by State law. J. Each member of the Executive Board shall be entitled to one vote, with the exception of the President who will only vote in the event of a tie. Members must be in attendance to vote. Attendance via telephone and/or videoconference is allowable when permitted by State law and as prescribed by Board resolution. K. The membership of the Executive Board shall always be composed of elected local government officials except as provided in I.3. above. Res 21-21 Exhibit “A” Page 6 of 9 Bylaws Adopted by General Assembly June 15, 2018 L. A majority of the Executive Board members in office immediately before a meeting, excluding the ex-officio, non-voting member, shall constitute a quorum for the transaction of business. No business shall be considered by the Board at any meeting at which a quorum is not present. M. Should a vacancy occur in the Officers or Directors of the Executive Board, a successor shall be appointed by the remaining members of the Board to fill the unexpired term and in accordance with Section V. H. N. The Executive Board shall establish an Ethics Policy, consistent with State law related to Metropolitan Planning Organizations, which is applicable to Board members and employees. DIRECTOR AND OFFICER LIABILITY AND INDEMNIFICATION Section VI. A. No Director or Officer of the Council shall be personally liable to the Council or any other person for an action taken or omission made by the Director or Officer in such person’s capacity as a Director or Officer unless a Director’s or Officer’s conduct was not exercised (1) in good faith, (2) with ordinary care, and (3) in a manner the Director or Officer reasonably believed to be in the best interest of the Council. B. The Council shall indemnify a Director or Officer for necessary expenses and costs, including attorney's fees, judgments, fines and amounts reasonably paid in settlement, incurred by the Director or Officer in connection with any claim asserted against the Director or Officer in their respective capacity as a Director or Officer so long as the Director’s or Officer’s conduct was exercised (1) in good faith, (2) with ordinary care, and (3) in a manner the Director or Officer reasonably believed to be in the best interest of the Council. WAIVER OF NOTICE Section VII. Whenever any notice is required to be given under the provisions of the Bylaws to any member, a waiver thereof in writing signed by the person or persons entitled to such notice, whether before or after the time stated therein, shall be deemed equivalent thereto. ADVISORY GROUPS Section VIII. Res 21-21 Exhibit “A” Page 7 of 9 Bylaws Adopted by General Assembly June 15, 2018 A. It is the intent of this organization that the Council shall, when advisable, s eek the advice and cooperation of interested citizen groups in the formulation of recommendations and to establish the priority of projects for consideration. B. The Council may recommend to the Executive Board the establishment of such citizen and/or technical advisory committees as may be necessary to effectively carry out the business of the Council. FINANCES Section IX. All checks or demands for money and notes of the corporation shall be signed by such officer or officers, or such persons as the Executive Board may from time to time designate. ELECTIONS AND OFFICERS' TERMS Section X. Election of Officers and Directors to the Executive Board will be conducted at the annual membership meeting of the General Assembly. The elected Officers and Directors shall hold office for one year, said term to begin immediately following the aforementioned meeting and continuing through the next annual membership meeting or until such time as a replacement has been duly elected in accordance with Section V. M. AMENDMENTS TO THE BYLAWS Section XI. These Bylaws may be altered, amended, or added to by written ballots from the members or by action of the General Assembly or Executive Board, provided: A. Proposed changes shall contain a full statement of the proposed amendment or amendments. B. The enactment of the amendment by written ballots shall require a majority vote of the city and county member governments. C. The enactment of amendments at the General Assembly shall require an affirmative vote of seventy-five percent (75%) of the members present at the General Assembly and shall be submitted in writing to the Executive Board at least sixty (60) days prior to the General Assembly. D. The enactment of amendments by the Executive Board shall require a majority vote and shall be limited to only those changes necessary to conform the Bylaws to State law. Any such changes by the Executive Board shall be transmitted in writing to all member governments within thirty (30) days of enactment. Res 21-21 Exhibit “A” Page 8 of 9 Bylaws Adopted by General Assembly June 15, 2018 Res 21-21 Exhibit “A” Page 9 of 9 Bylaws Adopted by General Assembly June 15, 2018 BUDGETS AND PAYMENTS Section XII. A. The fiscal year of the organization shall begin on the first day of October in each year. B. The annual budget, including the dues structure, for the organization shall be prepared and submitted to the Executive Board for approval and adoption on or before the last day of September of each year, after a public hearing thereon. C. New members may join the Council upon the pro-rated payment of dues for the remaining portion of the current fiscal year. D. The annual dues for city and county member governments shall be established in accordance with current population of such member governments as certified annually by the Council. All other member governments shall pay annual dues as established by the Executive Board. E. The books of the Council shall be audited annually by a certified public accountant or accountants, and the audit report shall be approved by the Executive Board and be available no later than six (6) months after the close of the fiscal year. 21st June the Town Council 2021 the Town of Westlake the Town of Westlake Exhibit A Resolution 21-21 Page 1 of 2 TOWN OF WESTLAKE RESOLUTION NO. 21-21 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, APPROVING MEMBERSHIP WITH THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS. WHEREAS, the Governor of the State of Texas has identified the North Central Texas region (consisting of the 16 counties of Collin, Dallas, Denton, Ellis, Erath, Hood, Hunt, Johnson, Kaufman, Navarro, Palo Pinto, Parker, Rockwall, Somervell, Tarrant, and Wise) as a state planning region for purposes of sub-state regional planning; and, WHEREAS, the local governments of North Central Texas, including counties, cities, school districts, and special districts, create the North Central Texas Council of Governments in 1966 in response to their common interests and concerns and the need for a joint regional approach to resolve areawide problems; and, WHEREAS, this voluntary, cooperative venture was intended to help local governments improve their capability to serve their citizens by devising regional issues, problems, and opportunities; by setting priorities and devising policies, plans, and programs to deal with them; and by achieving efficient and effective action on areawide matters and related actions in order to insure the orderly growth and development of the region; 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 Town Council does hereby approve the proposed membership resolution, attached as Exhibit “A”, governing the disposal of the Town’s surplus, obsolete, and non-repairable assets. 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. SECTION 4: That this resolution shall become effective from and after its date of passage. Resolution 21-21 Page 2 of 2 PASSED AND APPROVED ON THIS 21ST DAY OF JUNE 2021. ATTEST: _____________________________ Laura L. Wheat, Mayor _______________________________ APPROVED AS TO FORM: Todd Wood, Town Secretary _______________________________ L. Stanton Lowry, Town Attorney Page 1 of 2 BOARD OF TRUSTEES AGENDA ITEM Regular Meeting - Consent Item Monday, June 21, 2021 TOPIC: Consideration a Resolution authorizing a waiver from the State of Texas CPR instruction requirement for the Graduating Class of 2021. STAFF: Dr. Mechelle Bryson, Executive Director STRATEGIC ALIGNMENT Vision, Value, Mission Perspective Curriculum Outcome Objective Mission: Westlake Academy is an IB World School whose mission is to provide students with an internationally minded education of the highest quality, so they are well- balanced life-long learners. Academic Operations Diploma Programme Optimize Student Potential SUMMARY The Texas Education Agency requires all high school students to complete hands-on CPR training prior to graduation. Due to COVID-19, the graduating class of 2021 was unable to fulfill this graduation requirement. The Texas Education Agency has provided a series of waivers to Local Education Agencies, LEAs, and Charter Schools to exempt 2021 Seniors from certain graduation requirements including the CPR training. Page 2 of 2 The CPR training requirement was enacted in 2013 and Westlake Academy has conducted this training as required. When we first offered the training to our students, it was facilitated by an Academy teacher who was a CPR trainer. Shortly thereafter, the Academy partnered with the Westlake Fire Department and they began providing the training for our students. Westlake Academy is seeking approval to submit the Waiver from the CPR instruction requirement due to COVID-19. COUNCIL ACTION/OPTIONS Approval of the TEA CPR Waiver and accompanying Resolution. Denial of the TEA CPR Waiver and accompanying Resolution. STAFF RECOMMENDATION Staff Recommends review and approval of the TEA CPR Waiver and accomplanying Resolution. FISCAL/SERVICE LEVEL IMPACT TO COMMUNITY Project Cost/Funding Amount: N/A Funding Source: N/A Contract: No Forms: N/A Service Levels: N/A DEVELOPMENT/MOBILITY IMPACT TO COMMUNITY Westlake Academy: What impact, if any, would this have on WA? It is a compliance issue and allows the WA to meet compliance requirements through the waiver. Comprehensive Plan: N/A Cost Recovery Analysis: N/A Traffic Impact: N/A ATTACHMENTS Copy of Application for Waiver from the CPR instruction requirement Resolution WA Res 21-06 Page 1 of 2 WESTLAKE ACADEMY RESOLUTION 21-06 A RESOLUTION OF THE WESTLAKE ACADEMY BOARD OF TRUSTEES ADOPTING THE CPR STATE OF TEXAS WAIVER FOR THE GRADUATING CLASS OF 2021. WHEREAS, Westlake Academy is required to adhere to state policies regarding graduation requirement for all students; and, WHEREAS, The Texas State Legislation enacted a law requiring CPR training for all Texas high school graduates in 2013; and WHEREAS, The State of Texas provided local education agencies and charter schools with an option to exempt 2021 graduates from the required CPR training due to COVID-19; and, WHEREAS, Westlake Academy is seeking to exercise the State of Texas CPR Waiver; and, WHEREAS, the Board of Trustees finds that the passage of this Resolution is in the best interest of the citizens of Westlake as well as the students, their parents, and faculty of Westlake Academy. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF WESTLAKE ACADEMY: 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 Board of Trustees of Westlake Academy, hereby approves the CPR Waiver for the Graduating Class of 2021 attached to this resolution as Exhibit “A”. 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. SECTION 4: That this resolution shall become effective from and after its date of passage. WA Res 21-06 Page 2 of 2 PASSED AND APPROVED ON THIS 21ST DAY OF JUNE 2021. ___________________________________ Laura Wheat, President ATTEST: ____________________________ ___________________________________ Todd Wood, Board Secretary Amanda DeGan, Superintendent APPROVED AS TO FORM: ________________________________ Janet S. Bubert or L. Stanton Lowry, School Attorney Skip to main content Toggle navigation Amanda DeGan WESTLAKE ACADEMY CHARTER SCHOOL adegan@westlake-tx.org Role: District Superintendent Help Support Exit TEA Logo Waivers Toggle navigation My Waivers Create New Waiver Search Waivers View Reports 2020-2021 Application for Other Waiver Waiver ID: 62656 Application Information Category: General Creator: Janet Sexton-Bryson, District Editor Status: Draft Creation Date: 6/7/2021 Approving Superintendent: Assigned To: Janet Sexton-Bryson LEA Contact LEA Information *First Name: Mechelle *Last Name: Bryson *Phone: 8174905761 Ext: *Email: LEA: WESTLAKE ACADEMY CHARTER SCHOOL (220810) Address: 2600 J T OTTINGER RD, WESTLAKE, TX 76262- Phone: (817) 490-5757 Date of LEA Board of Trustees Approval *Date: 6/7/2021 mbryson@westlakeacademy Related Waivers (5) Special Instructions This waiver allows districts and charter schools to request a waiver of a requirement, restriction, or prohibition imposed by the Texas Education Code (TEC) or rule of the board or commissioner, except as prohibited by TEC § 7.056 (e). Waiver Description *Enter a brief waiver description: 0 of 75 characters allowed Waiver from the CPR instruction requirement for Seniors due to COVID-19 General Questions *1. Give a brief narrative description of the requested waiver. 72 of 500 characters allowed Waiver from the CPR instruction requirement for Seniors due to COVID-19. *2. Does the district or campus plan reflect the need for this waiver? If yes, what is the specific objective impacted by the waiver? 3 of 100 characters allowed N/A *3. Cite the section(s) of the Texas Education Code or the Texas Administrative Code that the district or campus wishes to waive. 44 of 100 characters allowed TEC28.0023 and applicable rules in TAC 74.38 *4. Describe the plan to be implemented, if the waiver is granted. 3 of 1000 characters allowed N/A *5. How will granting this waiver help achieve the district’s or campus’ objective? 3 of 200 characters allowed N/A Related Waivers (5) *6. Please explain how the school district or campus will evaluate the impact of the waiver towards meeting the district’s or campus’ goal. 3 of 500 characters allowed N/A Requested Years Years 2020-2021 2021-2022 2022-2023 *At least one school year is required. LEA Attachments (0) There are no LEA attachments. Add Attachment *Attachment title No file chosenChoose File Add Change History Click to expand. Action Date User Create 6/7/2021 12:59:26 PM Janet.SextonBryson Superintendent Affirmation The submittal of this request by the superintendent reflects the following assurances: 1. the campus- or district-level committee established under TEC §11.251 has reviewed and concurs with this waiver (exception) request or has provided additional comments in an attachment; and 2. the Board of Trustees has officially approved the waiver (exception) request. Review and Submit Save Cancel Application Print PDF Close Editor: Janet Sexton-Bryson Assign © 2021 Texas Education Agency (TEA). All rights reserved. waivers 2.20.0.1 Related Waivers (5) Page 1 of 2 COUNCIL AGENDA ITEM Regular Session - Consent Monday, June 21, 2021 TOPIC: Consider approval of a Resolution accepting a generous donation from Deloitte to be used exclusively for Public Art, Public Safety, and Westlake Academy. STAFF: Ginger Awtry, Finance Director 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 SUMMARY On May 18, 2021, Deloitte made a generous donation to be used exclusively for Public Arts, Public Safety, and Westlake Academy. These funds may be used for the following: • Public Arts Program - $150,000 restricted to the acquisition of new public art and future repair and maintenance of existing installations • Public Safety – restricted to the acquisition of the Life Pack Heart Monitor, EMS Training Manikin, CAD Equipment for all vehicles, Commance Vehicle Suburban, and balance to go toward new ladder truck. • Westlake Academy - $50,000 restricted to the acquisition of facilities, technology, or equipment that directly enhances the student learning environment or experience. This donation must be formally accepted by the Town Council and may only be used for the uses listed above. COUNCIL ACTION/OPTIONS Accept the Deloitte donation or reject the Deloitte donation. Page 2 of 2 STAFF RECOMMENDATION Staff recommends accepting the Deloitte donation and their continued support to the Westlake community. FISCAL/SERVICE LEVEL IMPACT TO COMMUNITY Project Cost/Funding Amount: $500,000 Funding Source: Contributions/Grants Contract: No Forms: N/A Service Levels: The generous Deloitte donation will greatly benefit the Town’s Public Art, Public Safety, and Academic programs. DEVELOPMENT/MOBILITY IMPACT TO COMMUNITY Westlake Academy: The dontation will provide funding that directly benefits the student learning experience. Comprehensive Plan: The donation will provide funding that helps fulfill the Town’s Public Art initiative and the Comp Plan. Cost Recovery Analysis: No fiscal impact. Traffic Impact: No traffic impact expected. ATTACHMENTS Resolution with Exhibit “A” – Deloitte donation letter Resolution 21-22 Page 1 of 2 TOWN OF WESTLAKE RESOLUTION NO. 21-22 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, APPROVING THE ACCEPTANCE OF A GENEROUS DONATION FROM DELOITTE TO BE USED EXCLUSIVELY FOR PUBLIC ART, PUBLIC SAFETY, AND WESTLAKE ACADEMY. 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, Deloitte has come forward and expressed a desire to provide a generous gift to the Town; and WHEREAS, the Town Council acceptance of this generous gift 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 $500,000.00 to the Town from Deloitte, the Council acknowledges the desire of this donor to apply these funds to be used exclusively for Public Art, Public Safety, and Westlake Academy as identified in their letter, attached as Exhibit “A”. SECTION 4: That this resolution shall become effective from and after its date of passage. Resolution 21-22 Page 2 of 2 PASSED AND APPROVED ON THIS 21st DAY OF JUNE 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 3 TOWN COUNCIL AGENDA ITEM Regular Meeting - Action Item Monday, June 21, 2021 TOPIC: Consider approval of Resolution 21-23 authorizing publication of notice of intention to issue combination tax and revenue certificates of obligation; authorizing the preparation of a preliminary official statement and notice of sale; and providing for other matters incidental thereto. STAFF: Ginger Awtry, Finance Director STRATEGIC ALIGNMENT Vision, Value, Mission Perspective Strategic Theme & Results Outcome Objective Transparent / Integrity- driven Government Municipal & Academic Operations High Quality Planning, Design & Development - We are a desirable well planned, high-quality community that is distinguished by exemplary design standards. Increase Transparency, Accessibility & Communications SUMMARY The Town’s current Adopted Capital Improvement Plan (2020-2024) was approved in 2019 with the Town Budget. The Capital Improvement Plan (CIP) presents the Town’s plan for infrastructure development and improvements and is evaluated annually by the Town leadership to determine the financial availability of resources for design, construction, operations, and maintenance. Balancing these priorities, while at the same time being cognizant of the fiscal challenges of our Town, continues to be a priority for our staff team and elected officials. The CIP provides a comprehensive plan of capital improvements that are to be undertaken by the Town over the next five (5) years. Cost estimates and financing methods for the improvements are included and are referenced by individual project. The development of the CIP is one of the more complex and multi-faceted processes of the Town. Striking a balance between the needs and interests of the residents and our financial capacity is a challenging proposition. The COVID pandemic outbreak last year impacted our CIP as we saw a decline in revenues, constrained resource logistics, and a retriction of Town staff’s interaction with contractors. The CIP for the remainder of FY 2020 was significantly diminished and projects listed for FY 2021 have been re-evaluated to consider funding options. Page 2 of 3 The FY 2021-2025 CIP presented at the June 17th Council/BOT retreat represents staff’s reassessment of the current CIP, future needs, and funding sources. The proposed CIP includes approximately $3.4M for public infrastructure projects to be funded through the issuance of Certificate of Obligation Bonds. Based on “non-certified” tax rolls and staff’s preliminary evaluation of the Town’s ad valorem revenue for the proposed FY 2022 budget, the proposed CIP debt could be absorbed in the current ad valorem revenue, meaning the issusance would not require an increase to the ad valorem rate. Staff will review this assumption when the “certified” tax rolls are provided for final analysis for Council’s consideration at the August 23rd Council meeting. If Council desires to preserve the Town’s right to consider issuance of the Certificates of Obligaiton to finance the proposed projects in the FY 21-25 CIP, the Town would need to approve the Resolution 21-23 Notice of Intention to Issue Certificates of Obligation. This publication does not obligate the Town to issue debt, rather it only preserves the Town’s option to consider the issuance of debt at the August 23rd meeting. The proposed Notice of Intent Resolution is a companion document to the proposed Reimbursement Resolution, 21-24, that is also presented for Council’s consideration. If Council desires to approve Resolution 21-23 for Notice of Intention to Issue Certificates of Obligation, staff would recommend the approval of the proposed companion Reimbursement Resolution, 21-24. If the Council does not wish to approve Resolution 21-23 for the Notice of Intention to Issue Certificates of Obligation, staff would recommend rejecting the proposed companion Reimbursement Resolution, 21-24. The estimated combined principal and interest required to pay the Certificates on time and in full is $4,405,706, and is based on an assumed interest rate of approximately 2.75%. Market conditions affecting interest rates vary based on a number of factors beyond the control of the Town, and the Town cannot and does not guarantee a particular interest rate associated with the Certificates. The aggregate principal amount outstanding of tax-supported debt obligations of the Town is $31,684,000. Based on the Town’s expectations, the combined principal and interest required to pay all of the outstanding tax-supported debt obligations of the Town on time and in full is $43,511,990. COUNCIL ACTION/OPTIONS Approve Resolution 21-23 Reject Resolution 21-23 STAFF RECOMMENDATION Approval of Resolution 21-23 to provide a Notice of Intention to Issue Certificates of Obligation. FISCAL/SERVICE LEVEL IMPACT TO COMMUNITY Project Cost/Funding Amount: $3,400,000 Funding Source: Bond Issuance Contract: No Forms: N/A Page 3 of 3 DEVELOPMENT/MOBILITY IMPACT TO COMMUNITY Westlake Academy: The prosed funding will provide improved regional mobility that will provide improved traffic and pedestrian conditions for Academy families. Comprehensive Plan: The proposed funding will provide infrastructure investment and re- investment in the Town’s regional mobility in conformance with the Comp Plan and Master Thoroughfare and Trails Plan. Cost Recovery Analysis: No fiscal impact Traffic Impact: Traffic and pedestrian conditions would be improved through the reconstruction of roads, installation of directional signage, and construction of trails. ATTACHMENTS Resolution with Exhibit “A” – Notice of Intention to Issue Certificates of Obligation #8073026.1 RESOLUTION NO. 21-23 A RESOLUTION BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, AUTHORIZING PUBLICATION OF NOTICE OF INTENTION TO ISSUE COMBINATION TAX AND REVENUE CERTIFICATES OF OBLIGATION; AUTHORIZING THE PREPARATION OF A PRELIMINARY OFFICIAL STATEMENT AND NOTICE OF SALE; AND PROVIDING FOR OTHER MATTERS INCIDENTAL THERETO WHEREAS, the Town Council of the Town of Westlake, Texas (the “Town”) deems it advisable to issue certificates of obligation (the “Certificates”) of the Town in accordance with the notice hereinafter set forth; and WHEREAS, the Town desires to authorize the preparation of a preliminary official statement (the “Preliminary Official Statement”) and notice of sale (the “Notice of Sale”) in anticipation of its issuance of the Certificates; NOW, THEREFORE BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS THAT: Section 1. The findings, determinations, definitions and recitations set out in the preamble to this resolution are found to be true and correct and are hereby adopted by Town Council and made a part hereof for all purposes. Section 2. The Town Secretary is hereby authorized and directed to cause to be published in the manner required by law and in substantially the form attached hereto as Exhibit A, a notice of the Town’s intention to issue the Certificates (the “Notice”). Section 3. The Notice shall be published once a week for two (2) consecutive weeks in a newspaper that is of general circulation in the Town, the date of the first publication to be at least forty-six (46) days before the date tentatively set in the Notice for the passage of the ordinance authorizing the issuance of the Certificates. In addition, the Notice shall be posted continuously on the Town’s website for at least forty-five (45) days before the date tentatively set in the Notice for the passage of the ordinance authorizing the issuance of the Certificates. Section 4. The Town hereby authorizes the preparation and distribution of a Notice of Sale, if required, and Preliminary Official Statement relating to the Certificates and authorizes the Town Manager or the Director of Finance to approve the contents of and deem final such Preliminary Official Statement within the meaning and for the purposes of paragraph (b)(1) of Rule 15c2-12 under the Securities Exchange Act of 1934. Section 5. For purposes of section 1.150-2(d) of the Treasury Regulations, this Notice serves as the Town’s official declaration of intent to reimburse itself from proceeds of the Certificates in the maximum principal amount and for expenditures paid in connection with the projects, each as set forth in Exhibit A hereof. Any such reimbursement will only be made (i) for an original expenditure paid no earlier than 60 days prior to the date hereof and (ii) not later than 18 months after the later of (A) the date the original expenditure is paid or (B) the date the project #8073026.1 -2- to which such expenditure relates is placed in service or abandoned, but in to event more than three years after the original expenditure is paid. Section 6. The Town’s financial advisor, Hilltop Securities, Inc. and bond counsel, Bracewell LLP, are authorized and directed to proceed with the necessary arrangements for the sale of the Certificates in accordance with the aforesaid Notice of Sale and Preliminary Official Statement. Section 7. The Mayor, Town Manager, Director of Finance, Town Secretary, and other officers and agents of the Town are hereby authorized and directed to do any and all things necessary or desirable to carry out the provisions of this resolution. Section 8. This resolution shall take effect immediately upon its passage. [Execution Page to Follow] #8073026.1 PASSED AND APPROVED on this the 21st day of June, 2021 by the Town Council of the Town of Westlake, Texas. Town Secretary Town of Westlake, Texas Mayor Town of Westlake, Texas [SEAL] #8073026.1 A-1 EXHIBIT A NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION NOTICE IS HEREBY GIVEN that the Town Council of the Town of Westlake, Texas (the “Town”), will meet at the Town Council Chambers, 1500 Solana Boulevard Building 7, Suite 7200 Westlake, TX 76262, at 5:00 p.m., on the 23rd day of August, 2021 (unless alternative meeting arrangements are required to address public health concerns, which meeting arrangements will be specified in the notice of such meeting posted in accordance with applicable law), which is the time and place tentatively set for the passage of an ordinance and such other action as may be deemed necessary to authorize the issuance of the Town’s Combination Tax & Revenue Certificates of Obligation, Series 2021 (the “Certificates”), in the maximum aggregate principal amount not to exceed $3,400,000, payable from the levy of a direct and continuing ad valorem tax against all taxable property within the Town sufficient to pay the interest on this series of Certificates as due and to provide for the payment of the principal thereof as the same matures, as authorized by Chapter 271, Subchapter C, Texas Local Government Code, as amended, and from all or a part of the surplus revenues of the Town’s water and wastewater revenue system, such pledge of surplus revenues being limited to $1,000, bearing interest at any rate or rates not to exceed the maximum interest rate authorized by law, as shall be determined within the discretion of the Town Council of the Town at the time of issuance of the Certificates, and maturing over a period not to exceed forty (40) years from the date of issuance, for the purposes of evidencing the indebtedness of the Town for all or any part of the costs associated with (i) designing, developing, constructing and acquiring drainage improvements and facilities within the Town, including the acquisition of land therefor; (ii) designing, developing, constructing, improving and renovating Town parks, trails and recreation facilities, including the acquisition of land therefor, (iii) designing, developing, constructing, improving, extending, and expanding streets, thoroughfares, sidewalks, bridges, and other public ways of the Town, including streetscaping, signage, streetlighting, right-of-way protection, utility relocation, and related storm drainage improvements; and acquiring rights-of-way in connection therewith, (iv) designing, developing, constructing, and renovating Town cemetery improvements; and (v) professional services incurred in connection with items (i) through (iv) and to pay the costs incurred in connection with the issuance of the Certificates. The estimated combined principal and interest required to pay the Certificates on time and in full is $4,405,706. Such estimate is provided for illustrative purposes only, and is based on an assumed interest rate of approximately 2.75%. Market conditions affecting interest rates vary based on a number of factors beyond the control of the Town, and the Town cannot and does not guarantee a particular interest rate associated with the Certificates. As of the date of this notice, the aggregate principal amount outstanding of tax-supported debt obligations of the Town is $31,684,000. Based on the Town’s expectations, as of the date of this notice, the combined principal and interest required to pay all of the outstanding tax-supported debt obligations of the Town on time and in full is $43,511,990. #8073026.1 -2- WITNESS MY HAND AND THE OFFICIAL SEAL OF THE TOWN, this 21st day of June, 2021. Todd Wood Town Secretary Town of Westlake, Texas #8073026.1 CERTIFICATE FOR RESOLUTION STATE OF TEXAS § TOWN OF WESTLAKE § I, the undersigned officer of the Town Council of the Town of Westlake, Texas, hereby certify as follows: 1. The Town Council of the Town of Westlake, Texas, convened in a regular meeting on the 21st day of June, 2021, at the regular meeting place of the Town Council, and the roll was called of the duly constituted officers and members of said Town Council, to wit: Laura Wheat Mayor Carol Langdon Mayor Pro Tem Alesa Belvedere Council Member Chandrika Dasgupta Council Member Rajiv Trivedi Council Member Anna White Council Member and all of said persons were present, except the following absentee(s): _____________________, thus constituting a quorum. Whereupon, among other business, the following was transacted at said meeting: a written RESOLUTION NO. ____________ A RESOLUTION BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, AUTHORIZING PUBLICATION OF NOTICE OF INTENTION TO ISSUE COMBINATION TAX AND REVENUE CERTIFICATES OF OBLIGATION; AUTHORIZING THE PREPARATION OF A PRELIMINARY OFFICIAL STATEMENT AND NOTICE OF SALE; AND PROVIDING FOR OTHER MATTERS INCIDENTAL THERETO was duly introduced for the consideration of said Town Council. It was then duly moved and seconded that said resolution be adopted; and, after due discussion, said motion, carrying with it the adoption of said resolution, prevailed and carried by the following vote: Member(s) of Town Council shown present voted “Aye.” Member(s) of Town Council shown present voted “No.” 2. A true, full and correct copy of the aforesaid resolution adopted at the meeting described in the above and foregoing paragraph is attached to and follows this certificate; that said resolution has been duly recorded in said Town Council's minutes of said meeting; that the above #8073026.1 -2- and foregoing paragraph is a true, full and correct excerpt from said Town Council's minutes of said meeting pertaining to the adoption of said resolution; that the persons named in the above and foregoing paragraph are the duly chosen, qualified and acting officers and members of said Town Council as indicated therein; that each of the officers and members of said Town Council was duly and sufficiently notified officially and personally, in advance, of the date, hour, place and purpose of the aforesaid meeting, and that said resolution would be introduced and considered for adoption at said meeting, and each of said officers and members consented, in advance, to the holding of said meeting for such purpose; that said meeting was open to the public as required by law; and that public notice of the date, hour, place and subject of said meeting was given as required by Chapter 551, Texas Government Code. SIGNED AND SEALED this ____ day of _____________, 2021. Todd Wood Town Secretary Town of Westlake, Texas [SEAL] Page 1 of 2 TOWN COUNCIL AGENDA ITEM Regular Meeting - Action Item Monday, June 21, 2021 TOPIC: Consider approval of Resolution 21-24 expressing intent to reimburse expenditures from proceeds of future obligations. STAFF: Ginger Awtry, Finance Director STRATEGIC ALIGNMENT Vision, Value, Mission Perspective Strategic Theme & Results Outcome Objective Transparent / Integrity- driven Government Municipal & Academic Operations High Quality Planning, Design & Development - We are a desirable well planned, high-quality community that is distinguished by exemplary design standards. Increase Transparency, Accessibility & Communications SUMMARY The proposed Reimbursement Resolution is a companion document to the proposed Resolution 21-23, Notice of Intention to Issue Certificates of Obligation that is also presented for Council’s consideration. This will provide the Town the opportunity to reimburse the General Fund for any costs associated with the acquisition, construction, reconstruction or renovation of the projects from the proceeds of obligations. If Council desires to approve Resolution 21-23 for the Notice of Intent, staff would recommend the approval of the proposed companion Reimbursement Resolution 21-24. If the Council does not wish to approve Resolution 21-23 for the Notice of Intent, staff would recommend the rejecting the proposed companion Reimbursement Resolution 21-24. COUNCIL ACTION/OPTIONS Approve Resolution 21-24 Reject Resolution 21-24 STAFF RECOMMENDATION Approval of Resolution 21-24 to provide reimburse expenditures from proceeds of future obligations. Page 2 of 2 FISCAL/SERVICE LEVEL IMPACT TO COMMUNITY Project Cost/Funding Amount: $3,400,000 Funding Source: Bond Issuance Contract: No Forms: N/A DEVELOPMENT/MOBILITY IMPACT TO COMMUNITY Westlake Academy: The prosed funding will provide improved regional mobility that will provide improved traffic and pedestrian conditions for Academy families. Comprehensive Plan: The proposed funding will provide infrastructure investment and re- investment in the Town’s regional mobility in conformance with the Comp Plan and Master Thoroughfare and Trails Plan. Cost Recovery Analysis: No fiscal impact Traffic Impact: Traffic and pedestrian conditions would be improved through the reconstruction of roads, installation of directional signage, and construction of trails. ATTACHMENTS Resolution with Exhibit “A” – Reimbursement Resolution Expressing Intent to Reimburse Expenditures From Proceeds of Future Obligations Resolution 21-24 Page 1 of 2 TOWN OF WESTLAKE RESOLUTION NO. 21-24 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, APPROVING THE REIMBURSEMENT RESOLUTION EXPRESSING INTENT TO REIMBURSE EXPENDITURES FROM PROCEEDS OF FUTURE OBLIGATIONS. WHEREAS, the Town of Westlake, Texas (the “Town”) is a municipal corporation and political subdivision of the State of Texas authorized to finance its activities by issuing obligations; and WHEREAS, the Town will make, or has made not more than 60 days prior to the date hereof, payments with respect to the design, engineering, acquisition, construction, reconstruction or renovation of the projects listed on Exhibit A attached hereto (collectively, the “Financed Project”); and WHEREAS, the Town has concluded that it does not currently desire to issue obligations to finance the costs associated with the Financed Project; and WHEREAS, the Town desires to reimburse itself for the costs associated with the Financed Project from the proceeds of obligations to be issued subsequent to the date hereof; and WHEREAS, the Town reasonably expects to issue obligations to reimburse itself for the costs associated with the Financed Project; NOW, THEREFORE, be it resolved that: Section 1. The Town reasonably expects to reimburse itself for costs that have been or will be paid subsequent to the date that is 60 days prior to the date hereof and that are to be paid in connection with the acquisition, construction, reconstruction or renovation of the Financed Project from the proceeds of obligations to be issued subsequent to the date hereof. Section 2. The Town reasonably expects that the maximum principal amount of obligations issued to reimburse the Town for the costs associated with the Financed Project will be $3,400,000. Section 3. Unless otherwise advised by bond counsel, any reimbursement allocation will be made not later than 18 month after the later of (1) the date the original expenditure is paid or (2) the date on which the Financed Project to which the expenditure relates is placed in service or abandoned, but in no event more than three years after the original expenditure is paid. Signature Page to Reimbursement Resolution 21-24 Page 2 of 2 ADOPTED THIS _____ DAY OF __________, 2021. TOWN OF WESTLAKE, TEXAS By: Mayor A-1 #4098890.1 EXHIBIT A DESCRIPTION OF PROJECT Purpose/Project Amount (i) designing, developing, constructing and acquiring drainage improvements and facilities within the Town, including the acquisition of land therefor; (ii) designing, developing, constructing, improving and renovating Town parks, trails and recreation facilities, including the acquisition of land therefor, (iii) designing, developing, constructing, improving, extending, and expanding streets, thoroughfares, sidewalks, bridges, and other public ways of the Town, including streetscaping, signage, streetlighting, right-of-way protection, utility relocation, and related storm drainage improvements; and acquiring rights-of- way in connection therewith, (iv) designing, developing, constructing, and renovating Town cemetery improvements. $3,400,000 Page 1 of 2 TOWN COUNCIL AGENDA ITEM Public Hearing Monday, June 21, 2021 TOPIC: Conduct a public hearing and consider approval of a resolution approving proposed amendments to the Preliminary Site Evaluation for Spencer Ranch (now called Westlake Ranch), located in the PD7 zoning district at the southeast corner of Pearson Lane and Aspen Lane. STAFF: Ron Ruthven, Planning and Development Director STRATEGIC ALIGNMENT Vision, Value, Mission Perspective Strategic Theme & Results Outcome Objective Planned / Responsible Development Citizen, Student & Stakeholder High Quality Planning, Design & Development - We are a desirable well planned, high-quality community that is distinguished by exemplary design standards. Preserve Desirability & Quality of Life SUMMARY The applicant and subject property owner, Pearson 35 Opportunities, LLC, is requesting to amend the preliminary site evaluation (PSE) for Spencer Ranch (now called Westlake Ranch) approved by the Town Council as Resolution 19-31 on September 30, 2019. The amendment is requested in order to bring the PSE into compliance with Ordinance 928, approved by the Town Council on May 24, 2021 and which approved amendments to PD7, and to change the name of the development to Westlake Ranch. Unlike the final plat, the PSE is not recorded with the County Clerk and is intended to allow evaluation of the proposed development for conformity with applicable requirements, plans, policies and conditions prior to the submission of the final plat. Once the PSE amendment is approved, the next steps include: • Submission and review of civil grading and construction plans and landscape plans; • Amendments to the economic development and development agreements; • Notice to proceed for construction of all development improvements and amenities; • Approval of final plat and final approval of architectural guidelines and CC&R’s; • Final acceptance of all public and private improvements; Page 2 of 2 • Recording of final plat and payment of all outstanding fees; • Release for issuance of building permits in the development. COUNCIL ACTION/OPTIONS NOTE: Council discretion regarding action on this item is limited to approval or approval with minor conditions since it has been determined by Town staff that this item complies with all applicable Town regulations. • Approve the proposed Resolution as submitted; • Approve the proposed Resolution with additional minor conditions/modifications; PLANNING AND ZONING COMMISSION RECOMMENDATION On June 14, 2021, the Planning and Zoning Commission voted to approve the item by a (4-0) vote. STAFF RECOMMENDATION Approval of the request as presented. FISCAL/SERVICE LEVEL IMPACT TO COMMUNITY Project Cost/Funding Amount: $0.00 Funding Source: N/A Contract: No Forms: N/A DEVELOPMENT/MOBILITY IMPACT TO COMMUNITY Westlake Academy: As approved by Ordinance 928, a total of 32 residential units are included on the amended PSE. These additional units may allow for more students to enroll in the Academy. Per the terms of Resolution 19-33, Spencer Ranch Economic Development Agreement (which will require amendment), these additional units shall require the payment of $5,000 per unit into capital funds specific to Westlake Academy prior to the recording of the final plat. Comprehensive Plan: The request generally complies with the comprehensive plan as approved by Ordinance 928. Traffic Impact: A traffic impact analysis (TIA) was conducted as part of the original zoning request. According to the original February 2018 TIA performed for the initial development proposal, the traffic impact for the 32 single family residential units shown on the PSE is projected to be 10.9 trips per day per unit, yielding a total impact of 349 trips per day. Given the approved zoning conditions contained in Ordinance 928, no additional traffic study is required in order to approved this item. ATTACHMENTS Resolution Amended PSE Exhibit Resolution 21-25 Page 1 of 3 TOWN OF WESTLAKE RESOLUTION NO. 21-25 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS AMENDING RESOLUTION 19-31, APPROVING A PRELIMINARY SITE EVALUATION IN THE PD7 ZONING DISTRICT, RENAMING THE DEVELOPMENT TO “WESTLAKE RANCH” FROM “SPENCER RANCH” WHEREAS, the Town Council approved Resolution 19-31, which approved the preliminary site evaluation for 37.798 acres in the PD7 zoning district, on September 30, 2019; and, WHEREAS, the Town Council approved Ordinance 928, which approved amendments to the PD7 zoning district, on May 24, 2021; and, WHEREAS, the developer of a 34.798 acre portion of the PD7 zoning district, to be called “Westlake Ranch” seeks to amend the preliminary site evaluation approved by Resolution 19-31 such that the amended preliminary site evaluation is consistent with the amended concept/development plan and conditions contained in Ordinance 928; and, WHEREAS, the Planning and Zoning Commission held a public on June 14, 2021 and voted unanimously to recommend approval of the amended preliminary site evaluation; 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 Town Council of Westlake, Texas, after considering the recommendation for approval from the Planning and Zoning Commission on June 14, 2021, does hereby approve the amended preliminary site evaluation as found in the attached document as Exhibit “A”. 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. SECTION 4: That this resolution shall become effective from and after its date of passage. Resolution 21-25 Page 2 of 3 PASSED AND APPROVED ON THIS 21ST DAY OF JUNE 2021. _____________________________ ATTEST: Laura Wheat, Mayor _____________________________________ _____________________________ Todd Wood, Town Secretary Amanda DeGan, Town Manager APPROVED AS TO FORM: ____________________________ L. Stanton Lowry, Town Attorney Resolution 21-25 Page 3 of 3 EXHIBITS EXHIBIT A Amended Preliminary Site Evaluation – “Westlake Ranch” LOT PUBLICOS-121,985 SFLOT CLUB HOUSE / OPEN SPACE43,598 SFLOT 327,316 SFLOT 225,045 SFLOT 127,524 SFLOT 230,393 SFLOT 330,322 SFLOT 427,671 SFLOT 526,209 SFLOT 625,777 SFLOT 830,942 SFLOT 930,582 SFLOT 1029,622 SFLOT PRIVATE OS-147,408 SFLOT PUBLIC OS-297,379 SFLOT 123,311 SFLOT 221,408 SFLOT 321,652 SFLOT 423,318 SFLOT OS-139,465 SFLOT 523,267 SFLOT 621,705 SFLOT 721,250 SFLOT 823,436 SFLOT OS-119,643 SFLOT 1129,255 SFLOT 1236,965 SFLOT 1332,562 SFLOT 1433,421 SFLOT 1533,085 SFLOT OS-1029,861 SFLOT 1628,657 SFLOT 1728,853 SFLOT 1831,773 SFLOT 1931,405 SFLOT OS-815,493 SFLOT 934,945 SFLOT 1027,978 SFLOT 730,328 SFLOT 124,881 SFLOT OS-58,336 SFLOT OS-61,098 SFLOT OS-7956 SFLOT OS-2166,873 SFLOT OS-4328 SFLOT OS-3815 SFLOT OS-122,827 SFNAPPROVED BY THE TOWN COUNCIL OFWESTLAKE, TEXAS on this the _________ day of____________________, 20____.ATTEST:Mayor Town SecretaryAPPROVED BY THE PLANNING & ZONINGCOMMISSION OF WESTLAKE, TEXAS on this the_________ day of ____________________, 20____.ATTEST:Chairman Town SecretaryWESTLAKE RANCHBeing a tract of land out of the G. B. Hendricks Survey, Abstract No. 680;, the I. Boggus Survey, Abstract No. 196; and the J. Walker Survey, Abstract No. 1604, situated in the Town ofWestlake, Tarrant County, Texas, and surveyed by Miller Surveying, Inc. of Hurst, Texas in October of 2019, said tract being the same tract of land described in the deed J. TimothyBrittan and Kristin Brittan recorded as Instrument No. D206068103 in the Official Public Records of Tarrant County, Texas, and being more particularly described by metes andbounds as follows:Beginning at a 1/2 inch capped steel rod found for the northwest corner of said Brittan tract, said rod being the intersection of the easterly right-of-way line of N Pearson Road andthe southerly right-of-way line of Aspen Lane;Thence North 89 degrees 27 minutes 00 seconds East with the northerly boundary line of said Brittan tract and with said southerly right-of-way line a distance of 764.91 feet to a 1/2inch steel rod fond for the most northerly northeast corner of said Brittan tract;Thence South 01 degrees 31 minutes 26 seconds East with the easterly boundary line of said Brittan tract a distance of 441.35 feet to a 1/2 inch capped steel rod found for an innercorner thereof;Thence North 89 degrees 26 minutes 44 seconds East with the northerly boundary line of said Brittan tract a distance of 787.39 feet to a 1/2 inch capped steel rod found for themost easterly northeast corner of said Brittan tract;Thence South 00 degrees 09 minutes 05 seconds East with the easterly boundary line of said Brittan tract a distance of 751.97 feet to a 1/2 inch capped steel rod found for thesoutheast corner thereof;Thence South 88 degrees 56 minutes 54 seconds West with the southerly boundary line of said Brittan tract a distance of 1553.43 feet to a 1/2 inch "MILLER 5665" capped steel rodset for the southwest corner thereof, said rod being in said easterly right-of-way line of N Pearson Road;Thence North 00 degrees 06 minutes 02 seconds West with the westerly boundary line of said Brittan tract and with said easterly right-of-way line a distance of 766.38 feet to a 1/2inch capped steel rod found for an angle point therein;Thence North 01 degrees 29 minutes 15 seconds West continuing with said westerly boundary line and said easterly right-of-way line a distance of 440.48 feet to the point ofbeginning and containing 34.7987 acres of land, more or less.Resolution 21-25 Exhibit "A" REVIEW AND DISCUSSION OF WESTLAKE ACADEMY PROOF OF RESIDENCY POLICY. Town Council/ Board of Trustees Item # 9 RECAP OF THE JUNE 17, 2021 BUDGET RETREAT. Town Council/ Board of Trustees Item # 10 PRESENTATION AND DISCUSSION REGARDING THE COVID-19 PANDEMIC, INCLUDING UPDATES AND RECOMMENDATIONS ON MUNICIPAL AND ACADEMIC OPERATIONS. Town Council/ Board of Trustees Item # 9 – Presentation and Discussion The Town Council and Board of Trustees 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: - Front 44 - Entrada b. 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. c. 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. d. Section 551.071 - Discussion with the Town Attorney regarding pending, threatened, or contemplated litigation regarding BRS. e. Section 551.071 - Consultation with Attorney - to seek advice of counsel regarding Granada Homeowners' Association and ACC matters. Town Council Item # 12 – Executive Session Town Council/Board of Trustees Item # 13 – Reconvene Town Council/Board of Trustees Meeting TAKE ANY ACTION, IF NEEDED, FROM EXECUTIVE SESSION ITEMS. Town Council/ Board of Trustees Item # 14 – Necessary Action Town Council/ Board of Trustees Item # 15 – Recap and Staff Direction a. Approved by Council for Discussion i. Historical Designations for various properties in Westlake (5/24) b. Proposed Items c. Pending items i. Westlake Academy Data Request Town Council/ Board of Trustees Item # 16 – Future Agenda Items Town Council/ Board of Trustees Item # 17 – Adjournment