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HomeMy WebLinkAbout06-25-07 TC MinMINUTES OF THE TOWN OF WESTLAKE, TEXAS BOARD OF ALDERMEN MEETING June 25, 2007 PRESENT: Mayor Scott Bradley and Aldermen Larry Corson, April Gallagher, Don Redding, and Bob Timmerman. ABSENT: Alderman Pete Steger OTHERS PRESENT: Town Manager Trent Petty, Town Attorney Stan Lowry, Town Secretary Kim Sutter, Facilities and Recreation Director Troy Meyer, Finance Manager Debbie Piper, and Building Official Eddie Edwards. 1. CALL TO ORDER. Mayor Bradley called the meeting to order at 7:00 p.m. 2. EXECUTIVE SESSION Mayor Bradley recessed the regular session of the Town of Westlake Board of Aldermen at 7:01 p.m. so that the Board might consider the following in executive session. A. The Board will conduct a closed session under Texas Government Code section 551.071 to seek advice of counsel on legal matters involving pending or contemplated litigation, settlement offers, or other legal matters not related directly to litigation or settlement. Pending or contemplated litigation and settlement offers include but are not limited to the following: i. City of Roanoke v. Toirn of ff,'estlake, Cause .N7o. 02-01-00290-Cf7 (Second Court of,41)peals) ii. Town of Westlake v. City of Roanoke (Johnny's Autonrotive tract), Cause No. 2003-20243-158 (1581h Judicial District Court of Denton County, Texas) Town of Westlake Board of Aldermen Regular Meeting June 25, 2007 Page 2 of 5 B. The Board will conduct a closed session under Texas Government Code section 551.074 to discuss personnel matters. C. The Board will conduct a closed session under Texas Government Code section 551.072 to discuss the purchase, exchange, lease, or value of real property. Mayor Bradley convened the executive session at 7:02 p.m. The executive session adjourned at 7:18 p.m. 3. RECONVENE MEETING. The Board reconvened into regular session at 7:19 p.m. 4. EXECUTIVE SESSION ACTION. There was no action taken. 5. CITIZENS' PRESENTATIONS. There was no one present wishing to address the Board. 6. CONSIDER AN ORDINANCE CANVASSING THE RETURNS AND DECLARING THE RESULTS OF THE SECOND ELECTION HELD ON JUNE 16, 2007, FOR THE ELECTION OF ONE ALDERMAN TO A TERM EXPIRING MAY 2009. Mayor Bradley introduced the item and asked for a motion. MOTION: Alderman Timmerman made a motion to adopt Ordinance No. 526, canvassing the returns and declaring the results of the second election held on June 16. 2007. for the election of one Alderman to a term expiring May 2009. Alderman Redding seconded the motion. The motion carried by a vote of 4- 0. 7. ADMINISTER OATH OF OFFICE AND PRESENT CERTIFICATE OF ELECTION TO THE NEWLY ELECTED OFFICIAL. Mayor Bradley introduced the item and asked Aderman Corson to come forward to take the oath of office. Town Secretary Kim Sutter administered the oath of office and presented the certificate of election to Alderman Larry Corson. 8. ELECT MAYOR PRO TEM. Mayor Bradley introduced the item and asked for a motion. Town of Westlake Board of Aldermen Regular Meeting June 25, 2007 Page 3 of 5 MOTION: Alderwoman Gallagher made a motion to table the election of a Mayor Pro Tem until the full board is present. Alderman Timmerman seconded the motion. The motion carried by a vote of 4-0. 9. CONSIDER A RESOLUTION APPROVING A CONTRACT WITH MANHATTAN CONSTRUCTION COMPANY FOR PRF;CONSTRUCTION SERVICES OF THE WESTLAKE PERFORMING ARTS AND SCIENCE CENTER. Mayor Bradley introduced the item and asked for a motion. MOTION: Alderman Timmerman made a motion to approve Resolution No. 07-38, approving a contract with Manhattan Construction Company for preconstruction services of the Westlake Performing Arts and Science Center. Alderwoman Gallagher seconded the motion. Alderman Redding asked if the progression is to have the Town fund the up front cost with the assumption that the $2.5 million from a proposed Certificate of Obligation issuance would be used to repay the fund. Town Manager Petty replied that the refunding ordinance passed by the Board (Ordinance No. 515, February 26, 2007) authorized the reimbursement of the cost. Alderman Corson expressed his concern with regard to the time table for the issuance of the Certificates of Obligation based on the need to identify a firm construction cost. He further stated that if the Board does not consider delaying the debt issuance, he feels the Board will be forced in a position, whether by referendum or by issuance, to make a decision before the final numbers are available. Discussion ensued regarding the desire of the Board to consider calling a bond election or to proceed with the Certificate of Obligation issuance. Mayor Bradley stated that he supports calling an election and allowing the voters the opportunity to decide. Alderman Corson stated that at the time of the election, building costs would be known as well as the status of fundraising by the Westlake Academy Foundation. Alderman Redding expressed his desire to receive a break down of the pledges received by the Foundation in the following categories: 1) how much funding is on hand; 2) the amount of funding available on demand; 3) amount of funding over time; and 4) in-kind contributions, as he feels the cash component is significant as it relates to what can be applied toward a contract. Alderman Timmerman stated that he does not feel the Board should move forward without knowing the total cost of the building. Town of Westlake Board of Aldermen Regular Meeting June 25, 2007 Page 4 of 5 Alderman Redding recommended the Board direct the Town Manager to prepare a resolution to rescind the authorization to issue the Certificates of Obligation. Town Manager Petty recommended that, if it is the desire of the Board, the Board should consider a resolution at the next meeting to rescind the first notice of intent. Alderwoman Gallagher expressed her desire to have the Town send out information to all residents that would explain the project, the funding source, and the use of the facility in the event an election is ordered. Mayor Bradley stated that the Town can provide factual information only and any informational material will be reviewed by the Town Attorney prior to distribution. Alderman Corson asked if the contract contained a cancellation clause. Town Manager Petty responded that Manhattan Construction will only bill for the work performed. There being no further discussion, Mayor Bradley called for the vote. VOTE ON MOTION: The motion carried by a vote of 4-0. 10. CONSIDER A RESOLUTION APPROVING A CONTRACT WITH GIDEON TOAL FOR ARCHITECTURAL SERVICES OF THE WESTLAKE PERFORMING ARTS AND SCIENCE CENTER. Mayor Bradley introduced the item and asked for a motion. MOTION: Alderman Redding made a motion to approve Resolution No. 07-39, approving a contract with Gideon Toal for architectural services of the Westlake Performing Arts and Science Center. Alderman Corson seconded the motion. Alderman Timmerman expressed his desire to contain the cost associated with this project and requested that a message be conveyed to Mr. Michael Bennett to that regard. Town Manager Petty advised that value engineering is included as a part of Manhattan Construction's contract and Manhattan is expected to make recommendations that will reduce the overall cost of the project. VOTE ON MOTION: The motion carried by a vote of 4-0. Town of Westlake Board of Aldermen Regular Meeting June 25, 2007 Page 5 of 5 11. CONSIDER A RESOLUTION APPROVING A CONTRACT WITH C & C ENGINEERING, INC. FOR PLANS REVIEW AND INSPECTION SERVICES RELATED TO THE FIDELITY PHASE 2 PROJECT. Town Manager Petty advised the Board that the proposed contract would result in a estimated savings of approximately $133,000 over the current contract. Mr. Petty commended Building Official Eddie Edwards for his efforts in negotiating a reduction in the fees. MOTION: Alderman Corson made a motion to approve Resolution No. 07-40, approving a contract with C & C Engineering, Inc. to provide plans review and inspection services for the Fidelity Phase 2 Project. Alderman Redding seconded the motion. The motion carried by a vote of 4-0. 12. CONSENT AGENDA. Mayor Bradley introduced the item and asked for a motion. A. Review and approve minutes of the Board of Aldermen meeting and workshop held on June 11. 2007. B. Review and approve any outstanding bills. MOTION: Alderman Redding moved to approve the consent agenda as presented. Alderman Corson seconded the motion. The motion carried by a vote of 4-0. 13. ADJOURNMENT. There being no further business, Mayor Bradley adjourned the meeting. The meeting adjourned at 7:56 p.m. APPROVED BY THE BOARD OF ALDERMEN ON JULY 9, 2007. Scott Bradley, ayor ATTEST,-/ i im Sutter, fRMC, Town Secretary