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10-04-21 Joint TC-BOT Agenda Packet TC /BOT Joint Agenda – 10/04/2021 Page 1 of 3 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 OCTOBER 4, 2021 5:00 P.M . MEETING The Town Council of the Town of Westlake and the Board of Trustees of Westlake Academy will conduct this joint meeting at 5:00 p.m. on Monday, October 4, 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/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 and/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. 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. PRESENTATION AND RECOGNITION OF A WESTLAKE ACADEMY STUDENT. 6. 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. TC /BOT Joint Agenda – 10/04/2021 Page 2 of 3 a. Consider approval of the Joint Town Council/Board of Trustee meeting minutes from June 7, 2 021. b. Consider approval of the Joint Town Council/Board of Trustee meeting minutes from June 17, 2021. c. Consider Resolution 21-32, approving an Interlocal Agreement for Mutual Aid with the City of Allen, Texas for Information Technology Services; authorizing the Town Manager to execute the agreement; and providing an effective date. 7. PRESENTATION AND DISCUSSION OF THE WESTLAKE PUBLIC ART PROGRAM. 8. PRESENTATION AND DISCUSSION OF COUNSELING FOR MENTAL HEALTH AND SOCIAL SUPPORT. 9. PRESENTATION AND DISCUSSION OF THE WESTLAKE ACADEMY SPECIAL EDUCATION PROGRAM. 10. TOWN MANAGER/SUPERINTENDENT UPDATE. 11. EXECUTIVE SESSION: The Town Council will conduct a closed session pursuant to Texas Government Code, annotated, Chapter 551, Subchapter D for the following: a. Section 551.071(2) Consultation with the 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. 12. RECONVENE MEETING 13. TAKE ANY ACTION, IF NEEDED, FROM EXECUTIVE SESSION ITEMS. 14. COUNCIL RECAP/STAFF DIRECTION 15. FUTURE AGENDA ITEMS: Any Town Council Member may request at a workshop and or Town Council/Board of Trustees meeting, under “Future Agenda Item Requests”, an agenda item for a future Town Council meeting. The Town Council Member making the request will co ntact the Town Manager with the requested item and the Town Manager will list it on the agenda. At the meeting, the requesting Town Council Member will explain the item, the TC /BOT Joint Agenda – 10/04/2021 Page 3 of 3 need for Town Council discussion of the item, the item’s relationship to the Town Council strategic priorities, and the amount of estimated staff time necessary to prepare for Town Council discussion. If the requesting Town Council Member receives a second, the Town Manager will place the item on the Town Council agenda calendar allowing for adequate time for staff preparation on the agenda item. a. Approved by the Town Council for Discussion: i. Historical Designations for various properties in Westlake (5/24) ii. Quarterly HOA Board Meeting Discussions (8/23) 16. ADJOURNMENT ANY ITEM ON THIS POSTED AGENDA COULD BE DISCUSSED IN EXECUTIVE SESSION AS LONG AS IT IS WITHIN ONE OF THE PERMITTED CATEGORIES UNDER SECTIONS 551.07187 THROUGH 551.076 AND SECTION 551.087 OF THE TEXAS GOVERNMENT CODE. CERTIFICATION I certify that the above notice was posted at the Town Hall of the Town of Westlake, 1500 Solana Blvd., Building 7, Suite 7100, Westlake, TX 76262, October 1 , 2021, by 5:00 p.m. under the Open Meetings Act, Chapter 551 of the Texas Government Code. _____________________________________ Todd Wood, Town Secretary If you plan to attend this public meeting and have a disability that requires special needs, please advise the Town Secretary’s Office 48 hours in advance at 817-490-5711 and reasonable accommodations will be made to assist you. 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: Town Council/Board of Trustees Reports on Items of Community Interest , pursuant to Texas Government Code Section 551.0415, the Town Council/ Board of Trustees 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: Board of Trustees Meeting Monday, October 4 , 2021; 5:00 pm* Westlake Town Hall, Solana Terrace-Bldg.7, Suite 7100 (In-person, limited seating for social distancing) Cocktails & Conversation Tuesday, October 5, 2021; 5:00 pm Solana Terrace-Bldg.7, First floor lounge Planning & Zoning Meeting Monday, October 11 , 2021; 5:00 pm* Westlake Town Hall, Solana Terrace-Bldg.7, Suite 7100 (In-person, limited seating for social distancing) New Residents Meeting Tuesday, October 12 , 2021; 6:00 pm Laura and Doug Wheat’s Home Chamber Luncheon Wednesday, October 13, 2021; 11 am Texas Motor Speedway Club Westlake Classic Car Show Saturday, October 16, 2021; 11:00-4 pm 2902 Sam School Road, Westlake, TX 76262 Vaquero/Quail Hollow Neighborhood Meeting Tuesday, October 19 , 2021; 6:00 pm Laura and Doug Wheat’s Home Town Council/Board of Trustees Item # 4 – Items of Community Interest Town Council Work Session/Meeting Monday, October 25 , 2021; 5:00 pm* Westlake Town Hall, Solana Terrace-Bldg.7, Suite 7100 (In-person, limited seating for social distancing) Blood Drive Saturday, October 30, 2021; 8 am-4 pm 2000 Dove Road: Westlake Fire-EMS Station New Residents Meeting Tuesday, November 9 , 2021; 6:00 pm Laura and Doug Wheat’s Home *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. There is no backup material provided with this item. Town Council/ Board of Trustees Item #5 – Presentation and Recognition of a Westlake Academy student. 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 o rder of business and considered in its normal sequence. a. Consider approval of the Joint Town Council/Board of Trustee meeting minutes from June 7, 2021. b. Consider approval of the Joint Town Council/Board of Trustee meeting minutes from June 17, 2021. c. Consider Resolution 21-32, approving an Interlocal Agreement for Mutual Aid with the City of Allen, Texas for Information Technology Services; authorizing the Town Manager to execute the agreement; and providing an effective date. Town Council/Board of Trustees Item # 6 – Consent Agenda TC /BOT Minutes – 06/07/21 Page 1 of 6 MINUTES OF THE JOINT TOWN OF WESTLAKE TOWN COUNCIL AND WESTLAKE ACADEMY BOARD OF TRUSTEES MEETING JUNE 7 , 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 conduct ed this joint virtual meeting at 4 :30 p.m. on Monday, June 7, 20 21. In order to advance the public health goal of promoting "social distancing" to slow the spread of the Coronavirus (COVID -19), there was limited public access to the physical location described above to thirty (30) seats for the public on a first -come, first -serve basis. A recording of this meeting was made and will be available to the public in accordance with the Open Meetings Act . PRESENT: Mayor/President Laura Wheat and Council/Board of Trustee Members Alesa Belvedere, Rajiv Trivedi, Chandrika Dasgupta, and Anna White. ABSENT: Council/Board of Trustee Member Carol Langdon. OTHERS PRESENT: Town Manager/Superintendent Amanda DeGan, Deputy Town Manager Noah Simon, Assistant Town Manager Jarrod Greenwood, Town Secretary Todd Wood, Director Information Technology Jason Power, Executive Director Dr. Mechelle Bryson, Human Resources Director Sandy Garza, Director of Community Engagement Jon Sasser, Westlake Academy Foun dation President Christine Ross, and Westlake Academy Foundation Executive Director Dr. Shelly Myers. Regular Session 1. CALL TO ORDER Mayor/President Wheat called the Joint Town Council and Board of Trustees meeting to order at 4:40 p.m. 2. PLEDGE OF ALLEGIANCE TC /BOT Minutes – 06/07/21 Page 2 of 6 3. PRESENTATION AND REGOGNITION TO THOSE WHO HAVE SERVED ON THE WESTLAKE TOWN COUNCIL. This item was presented after Item #6. Mayor Wheat began by stating that the first item on the agenda was to recognize members who have served the Westlake Town Council so honorably. She noted that Mr. Mr. Michael Barrett has added much insight and knowledge for his service to the Westlake community, and it has been an honor to serve on the Town Council and Board of Trustees with Mr. Barrett, and she praised him for his years of service. Mayor Wheat then read a proclamation to Mr. Barrett, and then presented him with a token of appreciation. 4. CITIZEN COMMENTS : This is an opportunity for citizens to address the Town Council/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 Hearin g. The Town Council/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/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. No one addressed the Town Council or Board of Trustees. 5. ITEMS OF COMMUNITY INTEREST Director of Community Engagement Jon Sasser provided an update on the following items: • June 9th State of the Communities: 11:00 a.m. at the Speedway Club at Texas Motor Speedway • June 17th: Town Council / Board of Trustees Budget Retreat , held at 1500 Solana Blvd., Bldg. 1, Suite# 1100 in the Westlake Conference Room beginning at 8:30 a.m. • July 5th: The Town of Westlake and the Municipal Court will be closed to observe Independence Day *** There are no Town Council, Board of Trustees, or Planning & Zoning meetings in the month of July. TC /BOT Minutes – 06/07/21 Page 3 of 6 6. 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 of the minutes from Joint Town Council/Board of Trustees meeting on January 25, 2021. b. Consider approval of Resolution 21-19, approving an Inter Local Agreement with Tarrant County for providing staff and resources to perform work for Tarrant County on COVID related activities, and authorizing the Town Manager to execute all documents relating thereto on behalf of the Town of Westlake, Texas MOTION: Council Member Belvedere made a motion to approve the consent agenda. Council Member White seconded the motion. The motion carried by a vote of 4-0. 7. REPORTS Reports are prepared for informational purposes and will be accepted as presented. (there will no presentations associated with the report items ) There will be no separate discussion unless a Council Member requests that report be removed and considered separately. a. Report regarding the Highlights of IB Exhibitions. 8. PRESENTATION AND DISCUSSION OF AFFILIATES’ ANNUAL REPORTS. a. Westlake Academy Athletic Club (WAAC): Mr. Tom Cawthra presented this item to the Town Council and Board of Trustees. He began by providing a background of the Westlake Academy Athletic Club, which was founded in 2005. The WAAC was formed to focus on Westlake Academy’s athletic programs and to create alignment with Westlake Academy and the community. Mr. Cawthra then stated that the WAAC program is self-funded and does not receive operational funding from the school’s budget. Mr. Cawthra the stated that team registration fees paid by families and donations from the WAAC allow the Athletic Department to support competitive teams in almost every sport. Mr. Cawthra added that in 2020, more than 68% of Westlake Academy’s student population (MYP & DP) participated in athletics. For the first time, every senior in the top 10% lettered in one or more sport at Westlake Academy. Mr. Cawthra then explained that the WAAC plans to increase financial and volunteer support for student athletes and coaches across all sports at Westlake Academy in the 2021 -2022 school year. b. Westlake Academy Foundation (WAF): Dr. Shelly Myers and Christine Ross presented this item to the Town Council and the Board of Trustees. Dr. Myers and Mrs. Ross began by reporting the assets of the WAF, which totaled $4.22M in 2020- 2021. This number included endowments, proceeds from the Blacksmith Annual Fund, Gallery Night, the Westlake Baja Event. Dr. Myers then provided details of these fundraising efforts. The Blacksmith Fund raised $1.03M, the Baja event raised $142,850, and Gallery Night raised $284,000. Grant requests that were funded by the WAF totaled over $61,000. TC /BOT Minutes – 06/07/21 Page 4 of 6 c. House of Commons (HOC): Mrs. Chandrika Dasgupta and Mrs. Neeta Darnule presented this item to the Town Council and Board of Trustees. Mrs. Dasgupta explained the events that the HOC coordinated this year and also the events that needed to be canceled due to the COVID pandemic. Mrs. Dasgupta also explained how the HOC gives back to Westlake Academy through their initiatives, which totaled nearly $30,000 for various programs. 9. PRESENTATION AND DISCUSSION REGARDING THE COVID-19 PANDEMIC, INCLUDING UPDATES AND RECOMMENDATIONS ON MUNICIPAL AND ACADEMIC OPERATIONS. Town Manager/Superintendent Amanda DeGan presented this item. She began by stating that issues related to COVID have had a lesser impact on municipal operations, as well as academic operations now that the school year has concluded. Mrs. DeGan reminded the Council that the Governor released an updated directive several weeks ago that limited the wearing of face masks in municipalities and schools, and it was decided to finish the school year under the current protocols. Mrs. DeGan then stated that staff continues to be hopeful that there would be no restrictions in place when school opens in the fall. She noted that while cases continue to decline, several COVID variants have had an impact, and it is unclear what the ultimate effect these variants would be. During the summer, this situation would continue to be monitored, and effective protocols would remain in effect and modified , as necessary. The COVID response team has worked on the plan related to protocols and several additional items have been added or mod ified in accordance with the Governor’s directive. Mrs. DeGan then stated that staff would continue to keep the Council and Board of Trustees updated regularly regarding this situation and any actions that would be recommended. 10. DISCUSSION AND REVIEW OF PROPOSED CHANGES TO THE BOARD RELATIONS AND ETHICS POLICY AND THE BOARD MEETING PROCEDURES POLICIES. Town Manager/Superintendent Amanda DeGan presented this item. She indicated that there would be proposed amendments to the Board Relations and Ethics policy to be considered, as well as a training session for Town Council/Board Members. 11. EXECUTIVE SESSION: The Town Council/Board of Trustees did not convene into Executive Session. The Town Council/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 TC /BOT Minutes – 06/07/21 Page 5 of 6 (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. f. Section 551.073 - Deliberations Regarding Gifts and Donations. 12. RECONVENE MEETING The Town Council/Board of Trustees did not convene into Executive Session. 13. TAKE ANY ACTION, IF NEEDED, FROM EXECUTIVE SESSION ITEMS. None. 14. COUNCIL RECAP/STAFF DIRECTION a. Approved by Council for Discussion i. Historical Designations for various properties in Westlake (5/24) ii. Town Council/Board of Trustee Policies – attach to a future agenda b. Proposed items. 15. FUTURE AGENDA ITEMS: Any Town Council or Board of Trustees member may request at a meeting, under “Future Agenda Item Requests” for an agenda item for a future Town Council/Board of Trustees meeting. The Council Member making the request will contact the Town Manager/Superintendent 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 and/or Board ’s strategic priorities, and the amount of estimated staff time necessary to prepare for Council or Board discussion. If the requesting Council/Board Member receives a second, the Town Manager/Superintendent will place the item on the Town Council/Board of Trustees agenda calendar allowing for adequate time for staff preparation on the agenda item. None. 16. ADJOURNMENT TC /BOT Minutes – 06/07/21 Page 6 of 6 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 Trivedi made a motion to adjourn the meeting. Council Member Belvedere seconded the motion. The motion carried by a vote of 4-0. Mayor Wheat adjourned the meeting at 8:42 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 SEPTEMBER 27, 2021. ATTEST: _____________________________ Laura Wheat, Mayor __________________________ Todd Wood, Town Secretary TC /BOT Minutes – 06/17/21 Page 1 of 3 MINUTES OF THE JOINT TOWN OF WESTLAKE TOWN COUNCIL AND WESTLAKE ACADEMY BOARD OF TRUSTEES WORKSHOP JUNE 17, 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 conduct ed this joint virtual meeting at 8 :30 a.m. on Thursday, June 17, 2021. In order to advance the public health goal of promoting "social distancing" to slow the spread of the Coronavirus (COVID -19), there was limited public access to the physical location described above to thirty (30) seats for the public on a first -come, first -serve basis. PRESENT: Mayor/President Laura Wheat and Council/Board of Trustee Members, Rajiv Trivedi, Chandrika Dasgupta, and Anna White. Town Council/Board of Trustee Member Alesa Belvedere arrived at 8:53 a.m. and Town Council/Board of Trustee Member Carol Langdon arrived at 9:45 a.m. ABSENT: None. OTHERS PRESENT: Town Manager/Superintendent Amanda DeGan, Deputy Town Manager Noah Simon, Assistant Town Manager Jarrod Greenwood, Town Secretary Todd Wood, Director of Information Technology Jason Power, Director of Finance Ginger Awtry, Director of Public Works & Facilities Troy Meyer, D irector of Planning & Development Ron Ruthven, Director of Community Engagement Jon Sasser, Executive Director Dr. Mechelle Bryson, Fire Chief Richard Whitten, Court Administrator Jeanie Roumell, Human Resources Director Sandy Garza, Director of Community Engagement Jon Sasser, and Westlake Academy Foundation Executive Director Dr. Shelly Myers. Regular Session 1. CALL TO ORDER Mayor/President Wheat called the Joint Town Council/Board of Trustees meeting to order at 8:35 a.m. TC /BOT Minutes – 06/17/21 Page 2 of 3 2. DISCUSSION REGARDING KEY STRATEGIC INIT IATIVES AND VISION GOVERNANCE FOR THE FUTURE. Town Manager/Superintendent Amanda DeGan presented this item which included the latest draft versions of the 2021-2022 Municipal and Academic budgets. This included Five-year forecast summary, the Capital Pro ject forecast summary, Fiscal and Budgetary policies, Municipal and Academic Personnel forecasts, and explanations of the shared services model. These documents were included in the meeting packet and addressed questions from the Town Council/Board of Trustees. Discussion ensued regarding the budget, capital improvements, and personnel forecasting . 3. PRESENTATION AND DISCUSSION REGARDING PROPOSED FY 21/22 MUNICIPAL AND ACADEMIC BUDGETS, THE FIVE-(5) YEAR CAPITAL IMPROVEMENT PLAN AND POSSIBLE DEBT ISSUANCE TO FUND PROJECTS WITHIN THE CIP. Discussion ensued regarding the five-year forecasts and the prioritization that would need to occur during community growth and the uncertain economic period following the pandemic. 4. COUNCIL RECAP / STAFF DIRECTION. The Council/Board asked for staff to check the proposed ad valorem tax rates to ensure that the proposed rate would not create an “actual” tax increase to Westlake residents. The Council/Board also asked for the estimated enrollment numbers for Westlake Academy in the 2021-2022 school year. 5. ADJOURNMENT. Mayor Wheat adjourned the meeting at 4:57 p.m. 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 14, 2021, by 7:00 a.m. under the Open Meetings Act, Chapter 551 of the Texas Government Code. ANY ITE M ON THIS POSTED AGENDA COULD BE DISCUSSED IN EXECUTIVE SESSION AS LONG AS IT IS WITHIN ONE OF THE PERMITTED CATEGORIES UNDER SECTIONS 551.071 THROUGH 551.076 AND SECTION 551.087 OF THE TEXAS GOVERNMENT CODE. TC /BOT Minutes – 06/17/21 Page 3 of 3 APPROVED BY THE TOWN COUNCIL ON SEPTEMBER 27, 2021. ATTEST: _____________________________ Laura Wheat, Mayor __________________________ Todd Wood, Town Secretary Page 1 of 2 Westlake Town Council TYPE OF ACTION Regular Meeting - Consent Westlake Town Council Meeting Monday, October 04, 2021 TOPIC : Consider a Resolution approving an Interlocal Agreement for mutual aid with the City of Allen, Texas, for Information Technology Services; authorizing the Town Manager to execute the agreement; and providing an effective date. STAFF CONTACT: Jason Power, Director of Information Technology Strategic Alignment Vision, Value, Mission Perspective Strategic Theme & Results Outcome Objective Transparent / Integrity- driven Government 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 Time Line - Start Date: October 4, 2021 Completion Date: none Funding Amount: N/A Status - N/A Source - N/A Contract: No Forms: N/A EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY) As Public Safety agencies have engaged in mutual aid agreements with surrounding communities for many years, and as the North Central Texas Council of Governments (NCTCOG) has created an alliance of public works departments to assist in times of natural disaster, called the Public Works Emergency Response Team; the North Texas area cities of Allen, University Park and Forney have created an alliance to render voluntary IT mutual aid should a crisis occur at any of their municipalities. Many types of threats exist (i.e. cyberattack, natural disaster, COVID, etc.) that could swiftly overwhelm any IT department. Because we have the advantage of working in a non-competitive industry, municipalities have long offered to support each other during times of crisis by means of an interlocal agreement. Page 2 of 2 The City of Allen has graciously accepted the role of “Host City”. Any additional cities who follow will be “Participating Entities” in the agreement. Currently, the following cities are Participating Entities: City of Allen City of Euless City of Forney City of University Park City of Benbrook City of Fate City of Murphy City of Grand Prairie Town of Prosper City of Hurst City of Celina STAFF RECOMMENDATION Staff recommends approval of the Town Manager to execute the Interlocal Agreement with the City of Allen. FISCAL/SERVICE LEVEL IMPACT TO COMMUNITY Project Cost/Funding Amount: There is no cost to have an interlocal agreement in place. However, as the agreement states, a “Requesting Entity” receiving “Mutual Aid” would be responsible for any “incidental costs of equipment, software, services or any overtime costs, if requested by the Responding Entity”. • Funding Source: N/A Contract: Yes Forms : N/A DEVELOPMENT/MOBILITY IMPACT TO COMMUNITY Westlake Academy: The proposed Interlocal Agreement will provide improved redundancy for all IT infrastructure owned and operated by the Town of Westlake. Comprehensive Plan: N/A Cost Recovery Analysis: N/A Traffic Impact: N/A ATTACHMENTS Resolution Exhibit “A” – Agreement Resolution 21-32 Page 1 of 2 TOWN OF WESTLAKE RESOLUTION NO. 21-32 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS APPROVING AN INTERLOCAL COOPERATION AGREEMENT FOR MUTUAL AID WITH THE CITY OF ALLEN, TEXAS FOR INFORMATION TECHNOLOGY SERVICES; AUTHORIZING THE TOWN MANAGER TO EXECUTE THE AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Allen and the Town of Westlake are both governmental entities engaged in the purchase of goods and services, which is a recognized governmental function; and, WHEREAS, the Town Council finds that the Interlocal agreement for Mutual Aid for Information Technology services are a benefit to the public; and WHEREAS, the Town Council finds that the passage of this Resolution is in the best interest of the citizen s 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 Council of the Town of Westlake hereby approves the City of Allen Interlocal agreement attached as Exhibit “A” and authorizes the Town Manager to execute the agreement. SECTION 3: If any portion of this Resolutio n 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 21-32 Page 2 of 2 PASSED AND APPROVED ON THIS 4 TH DAY OF OCTOBER 2021. ______________________________ ATTEST: Laura Wheat, Mayor ____________________________ ______________________________ Todd Wood, Town Secretary Amanda DeGan, Town Manager APPROVED AS TO FORM: ____________________________ L. Stanton Lowry, Town Attorney Resolution 21 -32 – Exhibit “A” - Page 1 of 7 RESOLUTION 21-32 EXHIBIT “A” INTERLOCAL COOPERATION AGREEMENT FOR MUTUAL AID FOR INFORMATION TECHNOLGY SERVICES This Interlocal Cooperation Agreement (“Agreement”) is by, between, and among the City of Allen, Texas (the “Host City”) and the undersigned Participating Local Governments of the State of Texas (each a “Participating Entity ”), acting by and through their respective authorized representatives (referred to individually as a “Party” and collectively as the “Parties”). RECITALS: WHEREAS, this Agreement is authorized by Chapter 791 of the Texas Government Code; and WHEREAS, each Participating Entity may ex perience a cyber incident, natural disaster, or other emergency capable of degrading or disrupting information technology services (“IT Services”) beyond the capabilities of the Participating Entity; and WHEREAS, each Participating Entity acknowledges the importance of prompt restoration of IT Services to allow local governments to function and operate; and WHEREAS, each Participating Entity has agreed to adopt a formal or informal cyber response plan in the event of a significant cyber incident; and WHEREAS, each Participating Entity has agreed to adopt a formal or informal response plan in the event of a natural disaster or other emergency; and WHEREAS, a Participating Entity requesting IT Services (hereinafter referred to as a “Requesting Entity”) receives benefit from a responding Participating Entity (hereinafter referred to as a “Responding Entity”) through the provision of supplemental IT Services personnel or computer hardware for the period of support; and WHEREAS, the Responding Entity receives the benefit of its IT Services personnel gaining knowledge through the experience of aiding in the restoration of IT Services during a crisis; and WHEREAS, the Parties desire to enter a mutual aid agreement to offer time and expertise of IT Services personnel to assist in the detection, response and short-term remediation of the cyber incident or assist in the repair and restoration of IT Services due to a natural disaster or other emergency. NOW THEREFORE, in exchange for the mutual covenants set forth herein and other valuable consideration, the sufficiency and receipt of which are hereby acknowledged, the Parties agree as follows: Resolution 21 -32 – Exhibit “A” - Page 2 of 7 ARTICLE I DEFINITIONS Unless the context clearly indicates otherwise, the following words and phrases used in this Agreement shall have the following meaning: “Host Entity” shall mean the City of Allen, Texas. “IT Incident” shall mean an event or set of circumstances resulting from a cyber incident, natural disaster, pandemic or other emergency (including state or local declared state of disaster pursuant Chapter 418 Texas Government Code) whether natural or manmade, which is capable of degrading or disrupting information technology services beyond the capabilities of the Requesting Entity. “Mu tu al Aid ” shall mean, but is not limited to, such IT Service resources as facilities, equipment, services, supplies, and personnel. “Participating Entity ” shall mean a p articipating local government that executes this Agreement. “Requesting Entity ” shall mean the Participating Entity that requests Mutual Aid under this Agreement as result of an IT Incident under the terms of this Agreement. “Responding Entity” shall mean the Participating Entity providing Mutual Aid to a Requesting Entity in response to a request from a Requesting Entity under this Agreement as a result of an IT Incident. ARTICLE II PURPOSE The purpose of this Agreement is to establish a mutual aid agreement between and among the Parties, which will allow each Participating Entity to provide Mutual Aid to a Requesting Entity as a result of, in response to, or during an IT Incident. ARTICLE II TERM; TERMINATION 3.1 The term of this Agreement shall be for a period of one (1) year commencing on the last date of execution by the Participating Entity (“Effective Date ”). Thereafter, this Agreement shall automatically renew for successive periods of one (1) year each under the terms and conditions stated herein, unless sooner terminated as provided herein. 3.2 A Participating Entity may terminate its participation in this Agreement by providing thirty (30) days prior written notice to terminate its participation in this Agreement to the Host Entity. The Host Entity shall provide written notice of any such termination to the designated representative of each Participating Entity. Resolution 21 -32 – Exhibit “A” - Page 3 of 7 3.3 A Participating Entity’s participation in this Agreement may be terminated by the Host Entity for cause, including, but not limited to , failure to comply with the terms or conditions of this Agreement upon thirty (30) days prior written notice to such Participating Entity. 3.4 Termination by one or more Parties to this Agreement does not affect the Agreement as it applies to the remaining Parties. ARTICLE IV RESPONSIBILITY OF PARTIES 4.1 Requesting Assistance. The Chief Information Officer (“CIO”), Information Technology Director (“IT Director”), or designee of the Participating Entity that has experienced an IT Incident may request Mutual Aid from the CIO, IT Director, or designee of another Participating Entity verbally or in writing. The determination as to what Mutual Aid may be made available to the Requesting Entity without unduly interfering with the IT Services of the Responding Entity shall be made at the sole discretion of the CIO, IT Director, or designee of the Responding Entity. Each Participating Entity agrees to assess local resources to determine availability of Mutual Aid based on current or anticipated needs of the Responding Entity. Requests for Mutual Aid shall not be requested by a Party unless it is directly related to the IT Incident and resources available from the Requesting Party are inadequate. 4.2 Each Participating Entity recognizes that it may be requested to provide aid and assistance at a time when it is necessary to provide aid and assistance to the Participating Entity’s own constituents. This Agreement shall not be construed to impose any obligation on any Participating Entity to provide Mutual Aid to Requesting Entity. Each Participating Entity may choose not to render Mutual Aid at any time for any reason, or to recall such Mutual Aid that has been provided at any time. 4.3 Procurement of Equipment, Software and Services. The Requesting Entity shall be responsible for any incidental costs, equipment, software, or services related to the Mutual Aid response to the IT Incident. If the Responding Entity indicates a need for the acquisition or purchase of equipment, software, or services, the Requesting Entity shall decide if such acquisition or purchase is necessary and will make any required acquisition or purchase. 4.4 Personnel Costs. The Requesting Entity shall pay any overtime costs that occur for personnel of the Responding Entity if requested by the Responding Entity. The Responding Entity shall provide the Requesting Entity with a written invoice for such overtime costs which shall include an itemized list of Responding Entity employees, the date and time of overtime hours worked within sixty (60) days after the provision of such Mutual Aid. The Requesting Entity shall pay such invoice to the Responding Entity within thirty (30) days after receipt of such invoice. 4.5 Use of Computer Hardware. A Requesting Entity in need of computer hardware (e.g. personal computers, laptops, servers, network equipment, etc.), will compile a written list of such computer hardware and the estimated length of time that such equipment is needed which may be sent to the Participating Entities. Any Participating Entity may choose to respond in Resolution 21 -32 – Exhibit “A” - Page 4 of 7 whole or part and is under no obligation to provide computer hardware to the Requesting Entity. A Responding Entity which chooses to loan computer hardware will respond back to the Requesting Entity to affirm that such computer hardware or portion thereof is available for temporary use. The Responding Entity makes no claim of the currency or operational use of the computer hardware nor is the Responding Entity liable for any damages resulting from the Requesting Entity’s use of any computer hardware so provided. The transportation and delivery of such computer hardware or charges related thereto shall be the responsibility of the Requesting Entity unless otherwise agreed by those Parties. The Requesting Entity shall be responsible for, and pay the Responding Entity for any damages, loss, or destruction of such computer hardware while in the use and possession of the Requesting Entity, including the transport thereof . Any ongoing maintenance, lease or other fees related to such computer hardware shall continue to be paid by the Responding Entity. 4.6 Criminal Justice Information System (“CJIS”). The Requesting Entity shall be responsible for restricting the Responding Entity personnel from access to CJIS information unless the Responding Entity personnel have completed all CJIS background checks and is in current compliance with CJIS training req uirements. 4.7 List of Participating Entities. The Host City shall maintain a current list of Participating Entities and provide such list to a Participating Entity upon request ARTICLE V INSURANCE 5.1 Worker’s Compensation Coverage. Each Party shall be responsible for its own actions and those of its employees and is responsible for complying with the Texas Worker’s Compensation Act. 5.2 Automobile Liability Coverage. Each Party shall be responsible for its own actions and is responsible for complying with the Texas motor vehicle financial responsibility laws. 5.3 General Liability Insuranc e. Each Party agrees to obtain general liability and public official’s liability insurance, if applicable, or maintain a comparable self -insurance program. 5.4 Liability . To the extent permitted by law and without waiving sovereign immunity, each Party shall be responsible for any and all claims, demands, suits, actions, damages, and causes for action related to or arising out of or in any way connected with its own actions, and the actions of its personnel in providing Mutual Aid rendered or performed pursuant to the terms and conditions of this Agreement. Except as specifically stated in this Agreement, each Party waives all claims against the other Parties hereto for compensation for any loss, damage, personal injury, or death occurring as a consequence of the performance of Mutual Aid pursuant to this Agreement, except those caused in whole or in part by the negligence of an officer, employee, or agent of another Party. It is expressly understood and agreed that in execution of this Agreement, no Party waives, nor shall be deemed to have waived, immunity or Resolution 21 -32 – Exhibit “A” - Page 5 of 7 defense that would otherwise be available to it against claims arising in the exercise of governmental powers and functions. By entering into this Agreement, the Parties do not create any obligations, express or implied, other than those set forth herein, and this Agreement shall not create any rights for any third parties not signatories hereto. ARTICLE VI MISCELLANEOUS 6.1 Expending Funds. Each Party that furnishes Mutual Aid pursuant to this Agreement shall do so with funds available from current revenues of such Party. No Party shall have any liability for the failure to expend funds to provide Mutual Aid. 6.2 Interlocal Cooperation Act. The Parties agree that Mutual Aid in the context contemplated herein is a “governmental function and service” and that the Parties are “local governments” as that term is defined herein and in the Interlocal Cooperation Act, Texas Government Code Chapter 791. 6.3 Severability . If a provision contained in this Agreement is held invalid for any reason, the invalidity does not affect other provisions of the Agreement that can be given effect without the invalid provision, and to this end the provisions of this Agreement are severable. 6.4 Legal Construction . In the event any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect other provisions, and it is the intention of the Parties to this Agreement that in lieu of each provision that is found to be illegal, invalid, or unenforceable, a provision shall be added to this Agreement which is legal, valid and enforceable and is as similar in terms as possible to the provision found to be illegal, invalid or unenforceable. 6.5 Amendment. This Agreement may be amended only by the mutual written consent of the Parties. 6.6 Third Parties. This Agreement is intended to inure only to the benefit of the Parties hereto. This Agreement is not intended to create, nor shall be deemed or construed to create any rights in third parties. 6.7 Authorization . Each Party represents that it has full capacity and authority to grant all rights and assume all obligations that are granted and assumed under this Agreement. By execution of this Agreement the Participating Entity consents to be a Party to this Agreement and acknowledges that it is not necessary to receive copies of the Agreement from other local governments that are, or which become, Parties to this Agreement. 6.8 Entire Agreement. This Agreement is the entire agreement between and among the Parties with respect to the subject matter covered in this Agreement. There is no other collateral oral or written Agreement between and among the Parties that in any manner relates to the subject matter of this Agreement. Resolution 21 -32 – Exhibit “A” - Page 6 of 7 6.9 Governing Law. This Agreement shall be governed by the laws of the State of Texas; and venue for any action concerning this Agreement shall be in the State District Court of Collin County, Texas. The Parties agree to submit to the personal and subject matter jurisdiction of said court. 6.10 Recitals. The recitals to this Agreement are incorporated herein. 6.11 Counterparts. This Agreement may be executed in counterparts. Each of the counterparts shall be deemed an original instrument, but all the counterparts shall constitute one and the same instrument. 6.12 Survival of Covenants. Any of the representations, warranties, covenants, and obligations of the Parties, as well as any rights and benefits of the Parties, pertaining to a period following the termination of this Agreement shall survive termination. 6.13 Notice. All notices pertaining to this Agreement shall be in writing and shall be deemed delivered (i) when received at a Party's address if hand delivered or sent via overnight delivery service by way of USPS, UPS, FedEx, or similar carrier, or (ii) on the third (3rd) business day after being deposited in the United States mail, postage prepaid, certified mail, addressed to Participating Entity at the address set forth below the signature of the Party 6.14 Severability . In the event any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect the other provisions, and the Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained in this Agreement. [Signature Pages to Follow] Resolution 21 -32 – Exhibit “A” - Page 7 of 7 PASSED AND APPROVED ON THIS 4th DAY OF OCTOBER 2021. PARTICIPATING ENTITY: TOWN OF WESTLAKE, TEXAS By: ______________________________ By: ______________________________ Laura Wheat, Mayor Amanda DeGan, Town Manager 1500 Solana Blvd. Bldg. 7, Suite 7200 Westlake, TX 76262 ATTEST: By: Todd Wood, Town Secretary APPROVED AS TO FORM: By: Stan Lowry, Town Attorney A PRESENTATION WILL BE PROVIDED AT THE MEETING. Town Council/ Board of Trustees Item #7 – Presentation and Discussion of the Westlake Public Art Program. A PRESENTATION WILL BE PROVIDED AT THE MEETING. Town Council/ Board of Trustees Item #8 – Presentation and Discussion of Counseling for Mental Health and Social Support. Page 1 of 2 BOARD OF TRUSTEES AGENDA ITEM Regular Meeting - Discussion Item Monday, October 04, 2021 TOPIC: Presentation and Discussion of Counseling for Mental Health and Social Support. STAFF: Lakshmi Morgan, Primary Counselor; Sara DeRaud, MYP Counselor; Lisa Phillips, MYP/DP Counselor; and Carl Tippen, College Counselor STRATEGIC ALIGNMENT Vision, Value, Mission Perspective Curriculum Outcome Objective Vision: Westlake Academy inspires college bound students to achieve their highest individual potential in a nuturing environment that fosters the traits found in the IB Learner Profile. Academic Operations PYP / MYP / DP Optimize Student Potential SUMMARY Westlake Academy’s goal as an IB World School is to inspire college bound student to achieve their highest individual potential in a nurturing environment that fosters the traits found in the IB Learner Profile. In doing so, the primary goal of the school counseling program is to promote and enhance learning through academic support, developmental responsiveness, and college and career readiness. Our counselors provide the following services: Page 2 of 2 • Assist students in resolving academic issues; • Assist students in developing skills to improve organization, study habits, and time management; • Assist students in working through personal problems that affect academics and relationships; • Assist students in improving social skills; • Assist students in id entifying college and career goals; • Assist students in coping with trauma; and • Assist families in finding community resources. The purpose of this presentation is to inform the Board of Trustees of Westlake Academy’s mental health and social counseling services. In light of the impact of COVID-19 on our students, counselors have planned a series of services designed to support students and assist them in building healthy choices that promote healthy lives. The presentation will review Westlake Academy’s counselor involvement in the new ATL and Blacksmith programs, implementation of No Place for Hate, the Hope Squad, Sandy Hook Promise: Start with Hello program, suicide prevention initiative , and social emotion learning initiatives. Our Westlake Academy Counselors care deeply for the well being of our students and strive daily to assist our students in living a balance life comm itted our the IB learner profile. COUNCIL ACTION/OPTIONS This presentation and discussion is informative in nature and does no t require Board of Trustee action. STAFF RECOMMENDATION This presentation and discussion is informative in nature and does no t require Board of Trustee action. FISCAL/SERVICE LEVEL IMPACT TO COMMUNITY Project Cost/Funding Amount: None Funding Source: N/A Contract: No Forms : N/A Service Levels: N/A DEVELOPMENT/MOBILITY IMPACT TO COMMUNITY Westlake Academy: Provide services to Westlake Academy students to optimize success. Comprehensive Plan: N/A Cost Recovery Analysis: N/A Traffic Impact: N/A ATTACHMENTS None. A PRESENTATION WILL BE PROVIDED AT THE MEETING. Town Council/ Board of Trustees Item #9 - Presentation and Discussion of the Westlake Academy Special Education program. NO BACKUP MATERIAL HAS BEEN PROVIDED FOR THIS ITEM. Town Council/ Board of Trustees Item #10 –Town Manager/Superintendent update The Town Council will conduct a closed session pursuant to Texas Government Code, annotated, Chapter 551, Subchapter D for the following: a. 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. Town Council/ Board of Trustees Item# 11 – Executive Session Town Council/Board of Trustees Item # 12 – Reconvene Town Council/Board of Trustees Meeting TAKE ANY ACTION, IF NEEDED, FROM EXECUTIVE SESSION ITEMS. Town Council/Board of Trustees Item # 13 – Necessary Action Town Council/Board of Trustees Item # 14 – Recap and Staff Direction a. Approved by Town Council/Board of Trustees for Discussion i. Historical Designations for various properties in Westlake (5/24) ii. Quarterly HOA Board Meeting Discussions (8/23) Town Council/Board of Trustees Item # 15 – Future Agenda Items Town Council/ Board of Trustees Item # 16 – Adjournment