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HomeMy WebLinkAbout06-23-08 TC Agenda Packet TOWN OF WESTLAKE, TEXAS BOARD OF ALDERMEN REGULAR MEETING A G E N D A June 23, 2008 WESTLAKE TOWN HALL 3 VILLAGE CIRCLE MUNICIPAL COURT ROOM, SUITE 207 7:00 p.m. 1. CALL TO ORDER. 2. PLEDGE OF ALLEGIANCE. 3. CITIZENS' PRESENTATIONS: This is an opportunity for citizens to address the Board on any matter whether or not it is posted on the agenda. The Board cannot by law take action nor have any discussion or deliberations on any presentation made to the Board at this time concerning an item not listed on the agenda. The Board 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. CONSENT AGENDA: All items listed below are considered routine by the Board of Aldermen and will be enacted with one motion. There will be no separate discussion of items unless a Board 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. Review and approve minutes of the Board of Aldermen and Planning and Zoning Commission joint workshop held on May 29, 2008. b. Review and approve minutes of the Board of Aldermen meeting held on June 9, 2008. c. Review and approve any outstanding bills. Board of Aldermen Agenda Page 2 of 2 June 23, 2008 d. Consider a Resolution authorizing the termination of the agreement between Night Line Janitorial Services, Inc. 5. ELECT A MAYOR PRO TEM. 6. CONSIDER A RESOLUTION REAPPOINTING AND APPOINTING MEMBERS TO BOARDS, COMMISSIONS, AND COMMITTEES. 7. CONSIDER A RESOLUTION APPOINTING A PRESIDENT TO THE WESTLAKE ACADEMY FOUNDATION BOARD OF DIRECTORS. 8. DISCUSS AND CONSIDER A RESOLUTION DESIGNATING AN ELECTED OFFICIAL FROM THE GOVERNING BODY TO SERVE AS ITS VOTING REPRESENTATIVE TO THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS (NCTCOG) GENERAL ASSEMBLY. 9. CONSIDER AN ORDINANCE AMENDING THE EXISTING GAS FRANCHISE BETWEEN THE TOWN AND ATMOS ENERGY CORPORATION. 10. BOARD CALENDAR. - Strategic Planning Retreat O 6/27 and 6/28, Embassy Suites, Grapevine – 8:30 a.m. - NW Metroport Chamber of Commerce Luncheon, 7/1/08, 11:30 a.m. - Planning and Zoning Commission – 7/24/08, 6 p.m. - Texas Municipal League Newly Elected Officials training O 7/25 – 7/26/08, Austin, 7:30 a.m. o 8/8 - 8/9/08, Austin, 7:30 a.m. - Texas Municipal League Annual Conference and Exhibition o October 28 – 31, 2008, San Antonio, Texas 11. 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 551.071 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, 3 Village Circle, by Friday, June 20, 2008, by 5 p.m. under the Open Meetings Act, Chapter 551 of the Texas Government Code. _____________________________________ Kim Sutter, TRMC, Town Secretary If you plan to attend this public meeting and have a disability that requires special needs, please advise the Town Secretary 48 hours in advance at 817-490-5710 and reasonable accommodations will be made to assist you.    Texas Pledge: "Honor the Texas flag; I pledge allegiance to thee, Texas, one state under God, one and indivisible."   Town of  Westlake  Item # 2 – Pledge of  Allegiance  Back up material has not been  provided for this item.  Town of  Westlake  Item # 3 – Citizens’  Presentations  Back up material has not  been provided for this item.  MINUTES OF THE TOWN OF WESTLAKE, TEXAS BOARD OF ALDERMEN AND PLANNING AND ZONING COMMISSION JOINT WORKSHOP May 29, 2008 PRESENT: Mayor Laura Wheat and Aldermen Tim Brittan, Larry Corson, Carol Langdon, Don Redding, Rebecca Rollins. PLANNING AND ZONING COMMISSION: Chairman Bill Greenwood, Commissioners Walter Copeland, Allen Heath, and Sharon Sanden. ABSENT: None. OTHERS PRESENT: Town Manager Tom Brymer, Town Attorney Stan Lowry, Town Secretary Kim Sutter, Public Works Superintendent Jarrod Greenwood, DPS Director Don Wilson, Public Works Superintendent Jarrod Greenwood, Planning and Development Director Eddie Edwards, Assistant to the Town Manager Ginger Awtry, and Court Administrator Amanda DeGan. 1. CALL TO ORDER. A. BOARD OF ALDERMEN Mayor Wheat called the Board of Aldermen meeting to order at 5:15 p.m. B. PLANNING & ZONING COMMISSION Chairman Greenwood called the Planning and Zoning Commission meeting to order at 5:15 p.m. 2. DISCUSSION REGARDING AN APPLICATION FOR AN AMENDMENT TO THE COMPREHENSIVE ZONING ORDINANCE BY REMOVING APPROXIMATELY 107 ACRES FROM PLANNED DEVELOPMENT 3-PLANNING AREA 3 (PD 3-3) Town of Westlake Board of Aldermen and Planning & Zoning Commission Page 2 of 3 Joint Workshop May 29, 2008 AND REZONING THAT ACREAGE TO BE CALLED PLANNED DEVELOPMENT 3-PLANNING AREA 12 (PD 3-12). Town Manager Brymer reviewed the zoning case and advised that staff is recommending approval of the case based on the following findings: - Conformance with the Comprehensive Plan - Zoning Districts / Uses Permitted - Access / Streets (no site access proposed from Dove Road) - Site Design / Drainage - Pedestrian Circulation / Trails / Open Space Discussion ensued regarding the site access, residential density, and trail plan. The following individuals representing the applicant were present: - Mr. Joe Schnieder, Senior Vice President, Hillwood Properties - Mr. Russell McLaughlin, Vice President, Hillwood Properties - Mr. Bradley Selner, Executive Vice President, Staubach - Mr. Tommy Parrett, Executive Vice President, Staubach - Mr. John Eisele, Partner, Deloitte - Mr. Cary Moon, Deloitte - Mr. Paul Martin, Attorney representing Deloitte Russell Laughlin addressed the Board and Commission regarding the case. Mr. John Eisele, Partner with Deloitte, briefly reviewed the plan concept and stated that the development would be a cornerstone for attracting, developing, and retaining Deloitte personnel. Mr. Eisele added that the Circle T location is favored ‘heavily’ and that Deloitte is very cognizant of retaining the features of the site. Mayor Wheat expressed her excitement about the development. Alderman Corson expressed his desire to have the master trail plan updated. 3. DISCUSS POSSIBLE DEVELOPERS AGREEMENT RELATED TO PLANNED DEVELOPMENT 3 – PLANNING AREA 3 (PD3-3) AND PROPOSED PLANNED DEVELOPMENT 3 PLANNING AREA 12 (3-12). Town Manager Brymer advised the Board and the Commission that a proposed development agreement will be brought before the Board for approval at a future meeting. Town Attorney Lowry stated that the zoning case and the developer agreement will be considered separately as the zoning case applies only to the property in question and addresess uses and restrictions to the specific site, and any off-site issues will need to be addressed under a separate agreement. Town of Westlake Board of Aldermen and Planning & Zoning Commission Page 3 of 3 Joint Workshop May 29, 2008 Town Manager Brymer outlined the major points of the agreement and advised the Board and the Commission that Hillwood has agreed to participate in the improvments to Dove Road (between the western boundary of Fidelity and the western boundary of the Deloitte property), at a maximum participation rate of 50% of the cost or $1,500,000. Discussion ensued with regard to the Dove Road improvements, the undergrounding of utilities, site access, and the reduction of residential acreage in the remainder of PD 3-3. Town Manager Brymer advised the Board that an item will be included on the June 9, 2008, agenda for the Board to consider the agreement. 4. ADJOURNMENT. A. BOARD OF ALDERMEN There being no futher business, Mayor Wheat asked for a motion to adjourn. MOTION: Alderman Brittan made a motion to adjourn the meeting. Mayor Pro Tem Redding seconded the motion. The motion carried by a vote of 5-0. Mayor Wheat adjourned the Board of Aldermen at 7:02 p.m. B. PLANNING & ZONING COMMISSION There being no further business, Chairman Greenwood asked for a motion to adjourn. MOTION: Commissioner Copeland made a motion to adjourn the meeting. Commissioner Heath seconded the motion. The motion carried by a vote of 4-0. Chairman Greenwood adjourned the Planning and Zoning Commisison at 7:02 p.m. APPROVED BY THE BOARD OF ALDERMEN ON JUNE 23, 2008. _________________________________________ Laura Wheat, Mayor ATTEST: ___________________________________ Kim Sutter, TRMC, Town Secretary MINUTES OF THE TOWN OF WESTLAKE, TEXAS BOARD OF ALDERMEN REGULAR MEETING June 9, 2008 PRESENT: Mayor Laura Wheat and Aldermen Tim Brittan, Larry Corson, Carol Langdon, Don Redding, and Rebecca Rollins. ABSENT: None. OTHERS PRESENT: Town Manager Tom Brymer, Town Attorney Stan Lowry, Town Secretary Kim Sutter, Finance Director Debbie Piper, DPS Director Don Wilson, Director of Planning and Development Eddie Edwards, Facilities and Recreation Director Troy Meyer, Director of Administrative Services and Human Resources Todd Wood, and Assistant to the Town Manager Ginger Awtry. 1. CALL TO ORDER. Mayor Wheat called the meeting to order at 7:52 p.m. 2. PLEDGE OF ALLEGIANCE. Mayor Wheat led the pledge of allegiance to the United States flag. 3. CONSENT AGENDA. Mayor Wheat introduced the consent agenda and asked for a motion. A. RESOLUTION NO. 08-33 - Consider a Resolution authorizing the Town Manager to enter into an Interlocal Cooperation agreement with the Northeast Fire Department Association. B. RESOLUTION NO. 08-34 - Consider a Resolution approving the opening of two new TexPool depository accounts to accommodate the Arts and Sciences Center project. C. Review and approve minutes of the Board of Aldermen and regular meeting held on Town of Westlake Board of Aldermen Page 2 of 7 Regular Meeting June 9, 2008 May 19, 2008. D. RESOLUTION NO. 08-35 - Consider a Resolution approving the addition of a 457 deferred compensation plan to the employee benefit package. E. Review and approve any outstanding bills. MOTION: Mayor Pro Tem Redding made a motion to approve the consent agenda as presented. Alderwoman Langdon seconded the motion. The motion carried by a vote of 5-0. 4. CITIZENS' PRESENTATIONS. There was no one present wishing to address the Board. 5. CONSIDER A DEVELOPMENT AGREEMENT BETWEEN THE TOWN OF WESTLAKE, AIL INVESTMENT, L.P. (AIL) AND HILLWOOD ALLIANCE SERVICES, LLC (HAS) PERTAINING TO RESPONSIBILITIES AND FUNDING FOR CERTAIN ROADWAY IMPROVEMENTS/EXTENSIONS, ACCESS, BUFFERS, TRAIL IMPROVEMENTS, PLACEMENT OF ELECTRIC LINES UNDERGROUND, AS WELL AS FILING OF A REZONING APPLICATION FOR THE REMAINDER OF THE PD 3-3 ZONING DISTRICT. Town Manager Brymer introduced the item and reviewed the proposed development agreement with the Board. The following individuals were present to address any questions from the Board: • Mr. Steve Silverstein, Director, Deloitte • Mr. Jon Eisele, Partner, Deloitte • Mr. Cary Moon, Deloitte • Mr. Bradley Selner, Executive Vice President, Staubach • Mr. Tommy Parrett, Executive Vice President, Staubach • Mr. Paul Martin, Attorney, Vinson and Elkins • Mr. Mike Berry, President, Hillwood Development • Mr. Russell McLaughlin, Senior Vice President, Hillwood Development • Mr. Bill Burton, Senior Vice President, Hillwood Development • Mr. Joe Schneider, Vice President, Hillwood Development • Mr. Chad Key, Attorney, Kelly, Hart and Hallman, LLP Mr. Russell Laughlin, Hillwood Development, addressed the Board regarding the agreement and presented the following recommended revisions to the agreement: o Section 1 (The HAS Improvements), (B) - Westerly road construction and dedication – Strike Effective Date of this Agreement and replace with . . . HAS Improvement Deadline (defined in Section 1 (A)). Town of Westlake Board of Aldermen Page 3 of 7 Regular Meeting June 9, 2008 o Section 1 (B) (2) (c) - Acceptance of Dedication of westerly road – Strike . . . provided that AIL or one of its affiliates. o Section 5 (B) - Change references to Dove Road to the Dove/Ottinger Road Section. o Section 5 (E) - Specific Town Obligations Related to the Dove/Ottinger Road Section (1) and (2): Change references from 60 days to 30 days. Alderman Corson asked for an explanation regarding developer participation with the Dove Road improvements. Mr. Laughlin advised that Hillwood / AIL has agreed to participate in the improvements alongs the frontages of Deloitte and Hillwood. Mr. Laughlin described the area as where Dove Road stops today (Fidelity’s west property line) through the westerly property line of Deloitte, and improving the roadway to the Town’s standards as described in the Master Thoroughfare Plan at the time of the improvements. Mr. Laughlin advised the Board that AIL’s total obligation will be capped at $1.5 million. Alderman Corson asked if the Town Manager and Town Attorney feel the document, as presented, complies with the Board’s discussion from the May 29, 2008, joint workshop. Town Manager Brymer and Town Attorney Lowry agreed that the agreement, as written, meets the intent of the Board as discussed at the May 29, 2008, joint workshop. Mayor Wheat inquired as to the two (2) year indeminification requirement (Section 2 General Requirements for the HAS Improvements (G)). Town Attorney Lowry responded that the indemnification language is consistent with other development agreements with the Town, and covers three general facets of indemnity or release: 1) general blanket indemnity; 2) design defects; and 3) release compenent of the developer expressly acknowledging that the Town is an approving agency whose role is to approve and release permits and not assume liability regarding any improvements. Town Attorney Lowry reminded the Board that the agreement does not negate the Town’s governmental imunity. Discussion ensued with regard to Section 5 (C) (4) regarding the Town’s minimum trail width. Town Manager Brymer reviewed the major transaction points: - Westerly road improvements to Dove Road; - Town cannot require the road to be dedicated before seven (7) years; However, HAS can require that the road be dedicated before seven years, but the road must meet the Town’s standards; - AIL’s total obligation with regard to any improvements to Dove Road is capped at $1.5 million or 50% of the cost of the initial construction; Town of Westlake Board of Aldermen Page 4 of 7 Regular Meeting June 9, 2008 Town Manager Brymer advised the Board that staff recommends approval of the agreement with the four changes outlined by the Developer as well as the addition of adding the word minimum prior to the eight (8) foot width for trails (Section 5 (C) (4)). MOTION: Mayor Pro Tem Redding made a motion to approve Resolution No. 08-36, approving the proposed development agreement with AIL Investment L.P. and Hillwood Alliance Services as recommended by the Town Manager. Alderman Brittan seconded the motion. The motion carried by a vote of 5-0. 6. CONTINUE A PUBLIC HEARING AND CONSIDER AN ORDINANCE APPROVING AN APPLICATION FOR AN AMENDMENT TO THE COMPREHENSIVE ZONING ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS, BY REMOVING APPROXIMATELY 107 ACRES FROM PLANNED DEVELOPMENT 3-PLANNING AREA 3 (PD 3-3) AND REZONING THAT ACREAGE TO BE CALLED PLANNED DEVELOPMENT 3-PLANNING AREA 12 (PD 3-12). Town Manager Brymer introduced the case. Mr. Brymer presented the Board a vicinity map and the proprosed concept plan and highlighted the key points related to the case. Mr. Russell Laughlin, Hillwood Development, addressed the Board regarding the proposed ordinance. Mr. Laughlin reviewed the following changes to the ordinance: o Ordinance caption – correct spelling of Acreage and add the word . . . Related before retail uses. o Exhibit 1, Section 6.2 PD Development Plans: Supplements and PD Districts. o Section 11.1 Site Access to read as follows: - Section 11.1 The ingress/egress shall be from the north via private road extending from Westlake Parkway and from the West from an ingress/egress pont directly off of J.T. Ottinger Road (revised below). - Emergency access shall be permitted off of Dove Road. - All ingress/egress locations shall be shown on the final approved site plan. (modified at the applicant’s request) Town Attorney Lowry suggested the following language for Section 11.1 (Site Access) The primary ingress/egress point for guests of the conference and educational center shall be from the north via private road extending from Westlake Parkway. There shall be allowed a secondary entry point from the west for ingess/egress, including without limitation for service and employee access off of J.T. Ottinger Road. Discussion ensued with regard to vehicle traffic along J.T. Ottinger and Dove Roads. The Board discussed possible options for limiting truck traffic along J.T. Ottinger and Dove Roads. Mayor Wheat continued the public hearing. There being no one requesting to speak, Mayor Wheat closed the public hearing. Town of Westlake Board of Aldermen Page 5 of 7 Regular Meeting June 9, 2008 Mayor Wheat read the proposed language regarding site access. MOTION: Alderman Corson made a motion to adopt Ordinance No. 591, as distributed to the Board at the meeting and including the addition of the proposed language regarding site access as recommended by the Town Attorney and read by the Mayor. Alderwoman Rollins seconded the motion. Alderman Corson asked if the proposed language regarding site access is legally enforceable. Town Attorney Lowry advised the Board that it is legally impossible for the Town to dictate some level of volume or use of a public roadway. Mr. Lowry added that the site plan must comport to the zoning ordinance, and added that the proposed language identifies the ingress/egress sites and provides minimal restrictions to the applicant when preparing the site plan. Alderman Corson expressed his concern with the proposed language as he feels that it could be read to infer that the Town is endorsing the use of J.T. Ottinger Road. Mr. Chad Key, Attorney, Kelly, Hart and Hallman, LLP, stated that the intent of the language is to provide clarity with regard to site access when the site plan is submitted. Following discussion, Alderman Corson suggested that the proposed language with regard to site access be revised as follows: - The primary ingress/egress point for guests of the conference and educational center shall be from the north via private road extending from Westlake Parkway. There shall be allowed a secondary entry point from the west for ingess/egress, including without limitation for service and employee access off of J.T. Ottinger Road. Town Attorney Lowry and the Applicant agreed to the change. AMENDED MOTION: Alderman Brittan moved to amend the motion to include the change as presented by Alderman Corson. Mayor Pro Tem Redding seconded the amended motion. The motion carried by a vote of 5-0. 7. CONDUCT A PUBLIC HEARING AND TAKE APPROPRIATE ACTION REGARDING THE FOLLOWING CASES: A) SITE PLAN; CASE NO. SP-08-01 B) PRELIMINARY PLAT; CASE NO. PP-08-01; Lots 1-6 C) FINAL PLAT; CASE NO. FP-08-01; Lots 1-2 only ALL THREE APPLICATIONS LISTED ABOVE PERTAIN TO THE FOLLOWING TRACTS OF LAND: approximately 10.22 acres of land in the Planned Development 3- Planning Area 10 (PD 3-10) zoning district, being a tract of land situated in the William Town of Westlake Board of Aldermen Page 6 of 7 Regular Meeting June 9, 2008 Huff Survey, Abstract No. 648, Tarrant County, Texas, and being a portion of that tract of land conveyed to AIL Investment, L.P., by deed recorded in Volume 13588, Page 189 and all of that tract of land conveyed to Hillwood Development Co. LLC (Tract 1) by deed recorded in County Clerk’s Filing No. D205179108, both of Deed Records, Tarrant County, Texas; and, generally located at the Southwest corner of SH 377 and SH 170. Town Manager Brymer introduced the cases and reviewed the traffic access management and site design (materials, building design, architecture, and hard screening). Mr. Brymer added that the Landscape plan will comport with the Town’s minimum requirements. Mayor Wheat opened the public hearings. There being no one wishing to speak, Mayor Wheat closed the public hearings and asked for a motion. Town Manager Brymer added that the Planning and Zoning Commission recommended approval of the case with the staff recommendations and requested a note be added to the plat advising that any future acceleration and/or deacceleration lanes would not be borne at the expense of the Town. Mr. Brymer added that the Chair of the Westlake Public Art Society has spoke with the developer regarding the integration of public art and the developer has agreed to integrate public art as part of the northwest corner development. MOTION: Mayor Pro Tem Redding made a motion to approve Resolution No. 08-37, approving a site plan SP 08-01, with the recommendations of the Planning and Zoning Commission. Alderman Corson seconded the motion. Alderman Corson asked Town Manager Brymer if all concerns from an architecture and design standpoint comport with the Town’s requirements. Director of Planning and Development Edwards responded that the Planned Development zoning requires articulation on all four sides; however, during the site plan approval process, the Board can approve a variance to the Planned Development. VOTE ON MOTION: The motion carried by a vote of 5-0 (Resolution No. 08-37). MOTION: Alderman Redding made a motion to approve Resolution No. 08-38 and Resolution 08-39, approving a preliminary plat and final plat. Alderman Corson seconded the motion. The motion carried by a vote of 5-0. Town of Westlake Board of Aldermen Page 7 of 7 Regular Meeting June 9, 2008 8. CONSIDER A RESOLUTION APPOINTING MEMBERS TO THE WESTLAKE ACADEMY FOUNDATION BOARD OF DIRECTORS. Town Manager Brymer introduced the item. MOTION: Alderwoman Langdon made a motion to approve Resolution 08-40, appointing Leah Rennhack, Karen Osborne, Deborah Zielger, Kelly Cox, and Colleen Hess to the Westlake Academy Foundation Board of Directors. Alderwoman Rollins seconded the motion. The motion carried by a vote of 5-0. 9. BOARD CALENDAR. Mayor Wheat reviewed the Board calendar items: - School Board Training 6/10 – 6/11, 6 p.m. to 9:00 p.m. - Westlake Academy Foundation meeting – 6/12/08, 8:30 a.m. - Texas Student Housing Authority meeting - 6/17/08, 5:30 p.m. - Celebrate Scott Bradley - 6/21/08, 3 p.m., Marriott Solana - Board of Aldermen Regular meeting – 6/23/08, 7 p.m. - Board of Trustee Special Workshop – 6/23/08, time tbd - Strategic Planning Retreat – 6/27 and 6/28, Embassy Suites, Grapevine - Planning and Zoning Commission – 7/24/08, 6 p.m. - Texas Municipal League Newly Elected Officials training • 7/25 – 7/26/08, Austin, 7:30 a.m. • 8/8 - 8/9/08, Austin, 7:30 a.m. 10. ADJOURNMENT. There being no futher business, Mayor Wheat asked for a motion to adjourn the meeting. MOTION: Alderwoman Langdon made a motion to adjourn the meeting. Alderman Brittan seconded the motion. The motion carried by a vote of 5-0. Mayor Wheat adjourned the meeting at 9:35 p.m. APPROVED BY THE BOARD OF ALDERMEN ON JUNE 23, 2008. _________________________________________ Laura Wheat, Mayor ATTEST: ___________________________________ Kim Sutter, TRMC, Town Secretary TOWN OF WESTLAKE Invoices Received: 06/02/08 thru 06/15/08 For Review by Board on 06/23/08 VENDOR NAMEINVOICEAMOUNTFUNDACCTDEPT DESCRIPTION Boyle & Lowry, LLP1227310,905.00 1004331011 Legal Fees - Town FedEx2-740-4449626.05 1004612011 Shipping Costs: City of Olathe Fort Worth Business Pres 0604200895.00 1004611511 One Year Subscription: 52 issues Graham Associates0805194,070.00 1004321511 Town Engineering Fees - Westlake Corners Graham Associates0805193,005.00 1004321511 Town Engineering Fees - Boundary survey of cemetery & research fees Nextel392123723-044 219.75 1004531011 Mobile Phone set-up & 2 month fees for 04/30/08 thru 06/26/08 - Tom Brymer North Texas Commission107201,200.00 1004611511 Membership Investment (08/01/08 - 08/01/09) Office Depot424285255-00199.99 1004610511 Kit extended powerline range Office Depot430930570-0016.83 1004610511 10 pk/file jackets Office Depot430930570-00129.20 1004610611 24/case of bottle water & paper cups Office Depot431200093-001157.48 1004610511 Legal white pads & toner cartridge Office Depot431506723-00175.28 1004610511 4/boxes of legal folders &white address labels Office Depot432321594-001310.11 1004610511 Cartridge, copy paper, various size binder clips, hanging folder & envelopes Office Depot432475683-001256.08 1004610511 Pocket files (various sizes) & hanging files Office DepotM424288641-00 (99.99) 1004610511 Credit for invoice #424285255-001: kit extended powerline range PBCC 6992326-1 (PitneyBowes)6992326-MY08249.00 1004532511 Quarterly Mail Machine Lease - Town (Schedule 003): 06/20/08 to 09/20/08 Thomas E. BrymerER06030813.37 1004583011 Business lunch w/Don Redding at La Scala Vickie BrownPR060808362.50 1004333511 Contract labor - Administrative Total Administration20,980.65 Reprographics41844218.77 1004612512 Copies of plans Total Planning & Development 18.77 Municipal Code Corp.98885512.00 1004324113 226/imaged pages plus shipping (Meeting minutes updated) Total Town Secretary 512.00 DFW Communications30805179678.06 1004422114 Communication Supplies - 2 Nicad Batteries Gierisch Brothers Mortor6753215.00 1004621514 LB Propane GST Public Safety2008011135641.61 1004660514 EMS Uniforms Home Depot504268647.45 1004615514 Paint & weedeater parts Huguley Assessment Ctr462400.00 1004312514 Blake Talbot assessment Intermedix05042008(279.58) 1004333414 EMS User Fee - April 2008 (Total collected $7,333.58) Intermedix06042008477.60 1004333414 EMS User Fee - May 2008 (Total collected $3,979.94) Mary Connell717225.00 1004313514 Psychological Evaluation for Blake W. Talbot Matheson Tri-Gas70215387.38 1004661514 Medical Supplies Metro Fire22815-1150.00 1004621514 Vehicle Maintenance: clearance lights plus freight charges Office Depot432321594-00142.00 1004610514 Shipping labels & envelopes Recept Pharmacy22164317.89 1004661514 Medical Supplies Recept Pharmacy22289083.78 1004661514 Medical Supplies Recept Pharmacy22306571.80 1004661514 Medical Supplies Recept Pharmacy22307324.00 1004661514 Medical Supplies Recept Pharmacy223308222.94 1004661514 Medical Supplies Richard WhittenER06030835.00 1004582014 Lunch & Dinner while in Austin for Fire class Richard WhittenER060308231.30 1004582514 Mileage to & from Austin for Fire Class Schad & Pulte6302680.00 1004661514 Medical Supplies T-Mobile05282008103.70 1004531014 Wireless Internet Cards for EMS vehicles WorldPoint49612968.75 1004613014 CPR Cards & Books Total Fire Dept.3,423.68 Boyle & Lowry, LLP122731,293.75 1004331015 Legal Fees - Court Brad BradleyER06060852.00 1004583015 Continuing Education - Traffic Conference Bradley L. Bradley060120082,541.66 1004333015 Judge Services for the month of June 2008 Cardinal Tracking9403094891,793.94 1004616515 150 paper Roll /Mobilecite Tickets Focal Point Solutions13377171.00 1004532515 Storage fees, file request/retrievals & delivery Page 1 of 46/19/2008 9:06 AM TOWN OF WESTLAKE Invoices Received: 06/02/08 thru 06/15/08 For Review by Board on 06/23/08 VENDOR NAMEINVOICEAMOUNTFUNDACCTDEPT DESCRIPTION LexisNexis 1081941-20080531 295.00 1004616315 Billing period: 05/01/08 to 05/31/08 - locate defendants Office Depot383672645-001109.99 1004610515 All in one HP Officejet Office Depot383672955-00194.96 1004610515 Ink HP, pad finger suregrip, stamp self-ink dater & file rotary Office Depot383813429-00126.91 1004610515 Binder clips, dividers & planner Office Depot383813429-001111.31 1004610615 Hospitality items Office Depot383820667-00122.65 1004610515 3 reams of blue brights paper Office Depot383942897-00137.08 1004610515 Address Labels (3000ct) Office Depot410400357-00153.99 1004610515 Desktop wireless mouse keyboard Purchase Power 206032008400.00 1004612015 Court Postage Robert Price Jr.0616200820.00 1003511515 Citation Revenue Refund: #34522-1 Total Court7,024.24 A to T Lamps70311247.50 1004421817 Bulbs - Facility Supplies Access Lift & Service05300812100.00 1004590317 Elevator Maintenance for the month of May 2008 Dallas Door & Supply Co.165137590.00 1004590617 Repairs: NW - remove exit device from the door repair & East - automatic operator could not be adjusted due to main control is bad DFW Safe & Lock55307106.00 1004421217 Trip charge, tightening I/S Handle, cut key: Door repair at Academy Hadden Landscaping28408165.00 1004334417 Mow & Weedeat at the Dove/Ottinger intersection Hadden Landscaping28409443.28 1004430617 Mow & Weedeat at the Cemetary/Parchman House Hadden Landscaping28411135.00 1004334817 Mow, weed eat lift station Hadden Landscaping285531,977.30 1004334817 Landscape Maintenance - Municipal Complex for June 2008 Hadden Landscaping2864829.25 1004334017 Academy: Reprogram irrigation clock Hadden Landscaping287031,927.91 1004334817 Academy: Mulch and flowers Home Depot7025253102.41 1004421217 Plywood & bolts Home Depot7115970(58.29) 1004421217 Credit for invoice #8025143 Home Depot8025143313.92 1004422617 Hand tools Home Depot802514386.64 1004421217 Bolts & top soil Home Depot859288013.67 1004422617 1 inch bit Humphrey & Assoc66451203.18 1004421817 Lamp and Bulb Supplies/Materials Humphrey & Assoc66451130.00 1004421317 Labor Leslie's1067498201.50 1004421217 Pump not priming pump seal Logical Solutions101029256.02 1004421317 Lighting for POD's A, B, & C are not turning off Longhorn, Inc.S1706571.00112.30 1004334017 Swingjoint Louis E. Funderburg006708100.00 1004334817 Mow playing fields & Pond area Nextel392123723-044 133.02 1004531017 Mobile Phone charges for Troy Meyer from 04/27/08 thru 05/26/08 Old Faithful Fountains5745834.47 1004430617 Academy: Technician replaced the contactors & overloads & cleaned the clay valve screen SimplexGrinnell634354561,365.54 1004590617 Alarm & detection and replaced ram battery for pc TDIndustries000059433200.00 1004335117 Water treatment agreement for: May 2008 TDIndustries00006001222,100.54 1004333817 Qtrly billing for contract HVAC maintenance: June 2008 TDIndustriesFAC1029882965.00 1004590617 Fire Alarm Account: Inspection repairs TDIndustriesFAC1030115780.00 1004590517 Replace 4 gauges: sprinkler repairs TDIndustriesNTS10198793,314.49 1004334017 Water line leak TDIndustriesNTS1038093199.85 1004590417 4" rubber coupling leaking (destination, technician labor & fuel surcharge) Triple R Locksmith3141752.00 1004421217 2/duplicate keys & 1/Ford truck Troy MeyerER05250894.45 1004621517 Mileage: setup & take down for May 25th event, met with Graham Assoc. in Arlington, p/u shirts in Grapevine, met with contractors, landscaping, drain on pump & meeting with Ms. Lee, two trips to cemetery/campus & met w/door & camera contractor, grills in Southlake, p/u PC for meeting Troy MeyerER06160885.81 1004531517 Monthly DSL Service: February, March & April 2008 Total Facilities/Grounds17,207.76 GFOA258264965.00 1004611518 Certificate of Achievement Review fee 2007 STW Inc.06072008286.00 1004431018 Accounts Payable: 1099 print changes & General Ledger: discuss w/D.Piper how to run report & convert to excel Page 2 of 46/19/2008 9:06 AM TOWN OF WESTLAKE Invoices Received: 06/02/08 thru 06/15/08 For Review by Board on 06/23/08 VENDOR NAMEINVOICEAMOUNTFUNDACCTDEPT DESCRIPTION Total Finance351.00 Arbor Care3063,300.00 1004334319 Raise trees behind campus, remove trees at the park, clean up debris along Pearson, clear road signs & chip debris Hadden Landscaping285521,220.83 1004334919 June 2008 Landscape Maintenance - Glenwyck Trail Area - 50% to GW Farms Hadden Landscaping2863287.50 1004334019 June 2008 Irrigation inspection @ Dove Road & Triangle Hadden Landscaping2863322.36 1004334919 June 2008 Landscape Maintenance - Dove Road & Triangle - 50% to GW Farms Texas AquaServe, LP04302008474.92 1004591119 April 2008 Pond Maintenance - charge 50% to GW Farms Texas AquaServe, LP05312008471.24 1004591119 May 2008 Pond Maintenance - charge 50% to GW Farms Total Parks/Recreation5,576.85 Kaleidoscope200800932,447.50 1004326720 Administirative Support Service (network administration, talking with Cisco people, etc): included update of exchange server & e- mail migration Kaleidoscope200800931,200.00 1004326520 Technology Consultant - IT Fee - On-Site support - installing software, virus protector, etc. (Basic help and support for hardware/software) Office Depot431501589-001178.97 1004340520 USB drive, Wireless router & hard drive STW Inc.06072008603.55 1004431020 Annual support for Axiar spooler & System support Total IT4,430.02 Boyle & Lowry, LLP12273371.25 199130200 Legal Fees - Academy Office Depot38527283-00122.49 199130200 Stamp Pre-Ink Rect Xact Business Solutions13545427.50 199130200 Printing of Business Cards for Mark Rosevear Total Academy Fund421.24 Chem Can Co.25032110.00 2204350511 Portable toilet rental from 05/23/08 thru 05/27/08 (Decoration Day) Lawton Publications102726720.00 2204353111 Northwest Metroport Chamber Directory 2008/2009 Due from Visitor Fund830.00 Boyle & Lowry, LLP1227337.50 255433100 Legal Fees - Cemetery Fund Due from Cemetery37.50 Boyle & Lowry, LLP122732,516.25 410166000 Legal Fees - Arts & Science Building FedEx 2-729-3988921.11 4101660013.6 A&S Shipping Costs: McCall, Parkhurst & Horton - Leroy Grawunder, Jr. Due from Capital Projects 2,537.36 Graham Associates0805191,980.00 5004322016 Engineering Fees - Utility Fund Hadden Landscaping28410190.00 5004411616Landscape Maintenance - Pump Station Home Depot602693625.96 5004422016 Paint wand & wooden stakes Jarrod GreenwoodER06090864.99 5004531016 Cell phone invoice period April 26 thru May 25, 2008 Jarrod GreenwoodER0609089.00 5004581016 Parking for meeting with Fort Worth Jarrod GreenwoodER06090815.99 5004621616 Fuse holder for light bar North Texas SSC508771419.15 5004621516 2001 F-150 Truck: truck repairs O'Reilly0880-19066359.97 5004621516 Vehicle floor mats & trailer hitch lock Reprographics419626522.92 5004412216 1,000/digital gloss including folding & fuel surcharge: water report Texas Excavation Safety 08-308981.70 5004422016 Line Location for May 2008 Tri-County Electric 150-50 060520084,654.37 5004622116 UF Electric Service - Pump Station Due from Utility8,024.05 Office Depot432475683-001135.87 100131000 4/cases of copy paper & pens Due from TSH135.87 Page 3 of 46/19/2008 9:06 AM TOWN OF WESTLAKE Invoices Received: 06/02/08 thru 06/15/08 For Review by Board on 06/23/08 VENDOR NAMEINVOICEAMOUNTFUNDACCTDEPT DESCRIPTION 71,510.99 Page 4 of 46/19/2008 9:06 AM Town of Westlake Memo To: Honorable Mayor and Members of the Board of Aldermen From: Troy Meyer, Facilities and Recreation Director Subject: Regular Meeting of June 23, 2008 Date: June 16, 2008 ITEM Consider a Resolution authorizing the termination of the agreement between Night Line Janitorial, Service, Inc. and The Town of Westlake for janitorial maintenance of the Westlake Civic Campus. BACKGROUND Night Line Janitorial, Service, Inc. was contracted in February 2008 to provide janitorial maintenance for the Westlake Academy. They have performed an inadequate job for the first six months of the contract. Due to an increase in complaints on areas not being cleaned, staff recommends termination of the current contract with Night Line Janitorial, Service, Inc. The current contract with Night Line Janitorial, Service, Inc. requires a 30 day termination notice which will be given on June 30, 2008. The bid notice will be published in the Star-Telegram on June 28th and 29th. The goal is to present a new contract to the board for consideration at the July 28, 2008, regular meeeting. FUNDING The funds for janitorial maintenance is include in the adopted 2007-08 Westlake Academy budget. RECOMMENDATIONS Staff recommends approval. ATTACHMENTS Resolution No. 08-41 TOWN OF WESTLAKE RESOLUTION NO. 08-41 AUTHORIZING THE TERMINATION OF THE AGREEMENT BETWEEN NIGHT LINE JANITORIAL, SERVICE, INC. AND THE TOWN OF WESTLAKE FOR JANITORIAL MAINTENANCE OF THE WESTLAKE CIVIC CAMPUS. WHEREAS, the Town of Westlake has discussed and documented the quality of service received over the past six months with Night Line Janitorial, Service, Inc.; and WHEREAS, the Town of Westlake will now choose to exercise the right to terminate the contract with Night Line Janitorial, Service, Inc. as stated in the executed agreement, by sending a 30 day termination notice. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1. All matters stated in the Recitals above are found to be true and correct and are incorporated herein by reference as if copied in their entirety. SECTION 2. The Board of Aldermen of the Town of Westlake, Texas, hereby approves the contract termination with Night Line Janitorial, Service, Inc. for janitorial maintenance and further authorizes the Town Manager to execute a 30 day notice of termination on behalf of the Town of Westlake, Texas, to be sent immediately upon approval by the Board of Aldermen. PASSED AND APPROVED ON THIS 23rd DAY OF June 2008. ATTEST: _____________________________ Laura Wheat, Mayor ____________________________ ______________________________ Kim Sutter TRMC, Town Secretary Thomas E. Brymer, Town Manager APPROVED AS TO FORM: ____________________________ L. Stanton Lowry, Town Attorney Town of Westlake Memo To: Honorable Mayor and Members of the Board of Aldermen From: Kim Sutter, Town Secretary Subject: Regular Meeting of June 23, 2008 Date: June 17, 2008 ITEM Elect a Mayor Pro Tem BACKGROUND Each year following the May General election, the Board elects one of its members to serve as the Mayor Pro Tem. The Mayor Pro Tem shall perform the duties of the Mayor in cases of absence or inability of the Mayor to perform such duties. The Mayor Pro Tem shall have the right to vote as a member of the Board. Don Redding is currently serving as the Mayor Pro Tem. RECOMMENDATION No Recommendation FUNDING N/A ATTACHMENTS None. Town of Westlake Memo To: Honorable Mayor and Members of the Board of Aldermen From: Kim Sutter, Town Secretary Subject: Regular Meeting of June 23, 2008 Date: June 17, 2008 ITEM Consider a Resolution reappointing and appointing members to Boards, Commissions, and Committees. BACKGROUND Members with expiring terms have been contacted by the Town Secretary’s office and asked to respond as to their desire to continue to serve as a board, commission, or committee member. Attached you will find a worksheet which includes responses from each of the Board members with an expiring term of June 2008. Vacancies are also noted on the worksheet. The attached resolution indicates the names of the board, commission, and committee members that wish to continue to serve as well as the term expiration for each appointment/reappointment. Please note that there are open positions on a few of the Boards and you may also wish to make appointments to fill those vacancies as well as consider new appointments to fill the positions of board members who no longer wish to continue to serve. Two applications have been received and will be provided to you prior to the meeting. RECOMMENDATION Consider reappointments and appointments to the Town’s Boards, Commissions, and Committees. FUNDING N/A ATTACHMENTS Term expiration worksheet Resolution No. 08-42 TOWN OF WESTLAKE RESOLUTION NO. 08-42 REAPPOINTING AND APPOINTING MEMBERS TO THE 4B ECONOMIC DEVELOPMENT BOARD; WESTLAKE HISTORICAL PRESERVATION SOCIETY; PLANNING AND ZONING COMMISSION; PUBLIC ART SOCIETY OF WESTLAKE; TEXAS STUDENT HOUSING AUTHORITY BOARD OF DIRECTORS; THE TEXAS STUDENT HOUSING CORPORATION; THE TEXAS STUDENT HOUSING CORPORATION – SAN MARCOS PROJECT; THE TEXAS STUDENT HOUSING CORPORATION – DENTON PROJECT; THE TEXAS STUDENT HOUSING CORPORATION – COLLEGE STATION PROJECT; THE TEXAS STUDENT HOUSING CORPORATION – MSU PROJECT; THE TEXAS CHARTER SCHOOL CORPORATION – LTTS CHARTER SCHOOL, INC. PROJECT, AND THE TEXAS CHARTER SCHOOL CORPORATION – NEW FRONTIERS CHARTER SCHOOL PROJECT; WESTLAKE TREE CITY USA ADVISORY COMMITTEE, AND THE WESTLAKE ACADEMY FOUNDATION, AND RESOLVING RELATED MATTERS. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE, TEXAS: SECTION I. THAT the following individuals are hereby appointed to the 4B Economic Development Board: Vacant, Mayor or Alderman Vacant, Alderman Vacant, Alderman Vacant, non-Alderman Vacant, non-Alderman said terms of office expiring June 2009. As a result of the appointments heretofore stated, the 4B Economic Development Board is represented by the following: Term Expiration Vacant, Mayor or Alderman June 2009 Don Redding, Alderman June 2009 Vacant, Alderman June 2009 Vacant, Alderman June 2009 David Brown, Non-Alderman June 2009 Vacant, Non-Alderman June 2009 Vacant, Non-Alderman June 2009 SECTION II. THAT the following individual is hereby reappointed to the Westlake Historical Preservation Society Board: Sharon Sanden said term of office expiring June 2011. As a result of the appointment heretofore stated, the Westlake Historical Preservation Society is represented by the following: Term Expiration Kristi Layton June 2009 Lisa Councilman June 2009 Ruby Held June 2009 Stephen Thornton June 2010 Jack Wiesman June 2010 Michelle Corson June 2010 Teresa Walton June 2010 Sharon Sanden June 2011 Vacant June 2011 Vacant June 2011 SECTION III. THAT the following individuals are hereby reappointed to the Planning and Zoning Commission: Walter Copeland Allen Heath said terms of office expiring June 2010 and the appointment of Vacant Said term of office expiring June 2010. As a result of the appointments heretofore stated, the Planning and Zoning Commission is represented by the following: Term Expiration William Greenwood June 2009 Sharon Sanden June 2009 Walter Copeland June 2010 Allen Heath June 2010 Vacant June 2010 Section IV. THAT the following individual is hereby reappointed to the Public Art Society of Westlake: Mary Petty said term of office expiring June 2011, and the appointment of Board Liaison (Mayor or Board of Aldermen) As a result of the appointment heretofore stated, the Public Art Society of Westlake is represented by the following: Term Expiration Dave Rollins June 2009 Kay Anderson June 2009 Shannon LaRue June 2009 Michelle Corson, Chair June 2010 Leah Rennhack June 2010 Vacant June 2010 Mary Petty June 2011 Vacant June 2011 Vacant June 2011 (Board Liaison) Staff Liaison Town Manager or his appointee Section V. THAT the following individuals are hereby reappointed to the Texas Student Housing Authority, the Texas Student Housing Corporation, the Texas Student Housing Corporation – San Marcos Project, the Texas Student Housing Corporation – Denton Project, the Texas Student Housing Corporation – College Station Project, the Texas Student Housing Corporation – MSU Project, the Texas Charter School Corporation – LTTS Charter School, Inc. Project, and the Texas Charter School Corporation – New Frontiers Charter School Project: Jim Carter Jac Irvine Jill McKean said terms of office expiring June 2010 and the appointment of Vacant Said term of office expiring June 2010. As a result of the appointments heretofore stated, the Texas Student Housing Authority, the Texas Student Housing Corporation, the Texas Student Housing Corporation – San Marcos Project, the Texas Student Housing Corporation – Denton Project, the Texas Student Housing Corporation – College Station Project, the Texas Student Housing Corporation – MSU Project, the Texas Charter School Corporation – LTTS Charter School, Inc. Project, and the Texas Charter School Corporation – New Frontiers Charter School Project are represented by the following: Term Expiration Jim Carter June 2010 Jac Irvine June 2010 Jill McKean June 2010 Vacant June 2010 George Ledak June 2009 Chuck Schultz June 2009 Melanie Lekkos June 2009 SECTION VI. THAT the following individuals are hereby appointed to the Westlake Tree City USA Advisory Committee: Vacant June 2009 Vacant June 2009 Vacant June 2010 Vacant June 2010 As a result of the appointments heretofore stated, the Westlake Tree City USA Advisory Committee is represented by the following: Term Expiration Julie Timmerman June 2009 Vacant June 2009 Vacant June 2009 Vacant June 2010 Vacant June 2010 SECTION VII. THAT the following individuals are hereby reappointed to the Westlake Academy Foundation Board of Directors: Laura Wheat Julie Timmerman Chris Noonan Bill Greenwood said term of office expiring June 2010. As a result of the appointments heretofore stated, the Westlake Academy Foundation is represented by the following: Term Expiration Leah Rennhack June 2010 Laura Wheat June 2010 Julie Timmerman June 2010 Chris Noonan June 2010 Bill Greenwood June 2010 Dr. Shezad Malik June 2010 Jeff Ryan June 2010 George Ledak June 2009 David Lee June 2009 Leigh Sander June 2009 Kelly Cox Deborah Zielger Karen Osborne Colleen Hess John Awtry Term as Chr. of HOC SECTION VIII. THAT this resolution shall take effect from and after its final date of passage, and it is accordingly so ordered. PASSED AND APPROVED ON THIS 23rd DAY OF JUNE 2008. ATTEST: _____________________________ Laura Wheat, Mayor ____________________________ ______________________________ Kim Sutter, TRMC, Town Secretary Thomas E. Brymer, Town Manager APPROVED AS TO FORM: ____________________________ L. Stanton Lowry, Town Attorney Town of Westlake Memo To: Honorable Mayor and Members of the Board of Aldermen From: Tom Brymer, Town Manager Date: June 13, 2008 Subject: June 23, 2008 Meeting ITEM Consider a resolution appointing a President to the Westlake Academy Foundation Board of Directors. BACKGROUND Chris Noonan’s term as President expires June 2008. Mr. Noonan will continue to serve as a member of the Board. The Westlake Academy Foundation Board of Directors met on June 12, 2008, and unanimously voted to recommend Leah Rennhack to serve as the President of the Foundation. Leah Rennhack was appointed to serve as a member of the Board at the June 9, 2008, regular meeting. RECOMMENDATION Approve the Resolution ATTACHMENTS Resolution No. 08-43 TOWN OF WESTLAKE RESOLUTION NO. 08-43 A RESOLUTION OF THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE, TEXAS, APPOINTING LEAH RENNHACK TO FILL THE POSITION OF PRESIDENT OF THE BOARD OF DIRECTORS OF THE WESTLAKE ACADEMY FOUNDATION, AND RESOLVING REALTED MATTERS. WHEREAS, The Board of Aldermen desires to appoint Leah Rennhack to fill the position of President of the Board of Directors of the Westlake Academy Foundation and to ratify and confirm all actions taken by or on behalf of the Town prior to the adoption of this Resolution in connection with making this appointment; and WHEREAS, the meeting at which this Resolution has been considered was open to the public as required by law, and public notice of the time, place, and subject of the meeting has been given in accordance with Chapter 551, Government Code. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: The findings and declarations contained in the preamble of this Resolution are hereby incorporated as part of this Resolution. SECTION 2: This Board of Aldermen hereby appoints Leah Rennhack to the position of President of the Board of Directors of the Westlake Academy Foundation and ratifies and confirms all actions taken by or on behalf of the Town prior to the adoption of this Resolution in connection with making this appointment. SECTION 3: This Resolution shall take effect immediately upon its adoption. PASSED AND APPROVED ON THIS 23rd DAY OF JUNE 2008. ATTEST: ____________________________________ Laura Wheat, Mayor ____________________________ ______________________________ Kim Sutter, TRMC, Town Secretary Thomas E. Brymer, Town Manager APPROVED AS TO FORM: ____________________________ L. Stanton Lowry, Town Attorney Town of Westlake Memo To: Honorable Mayor and Members of the Board of Aldermen From: Tom Brymer, Town Manager Subject: Regular Meeting of June 23, 2008 Date: June 16, 2008 ITEM Discuss and consider a Resolution designating an elected official from the governing body to serve as its voting representative to the North Central Texas Council of Governments (NCTCOG) General Assembly. BACKGROUND Each year following the municipal and school board elections, the North Central Texas Council of Governments (NCTCOG) publishes a regional directory of locally elected government officials and staff professionals for the 16-county North Central Texas region and we have updated our information accordingly. Additionally, NCTCOG annually requests designation and/or recertification of a voting representative. This representative must be an elected official from the governing body of the member government. The representative serves as a liaison between the local government and NCTCOG; receives publications and announcements from NCTCOG; and is eligible to vote on proposed Bylaws amendments and for candidates to serve on the NCTCOG Executive Board. Attached to the resolution is the applicable form which contains additional information concerning the voting representative. It is my understanding that we have never designated a voting representative. Once a delegate has been selected and the proposed resolution has been approved, the applicable form will be completed and submitted to NCTCOG. FUNDING Not applicable at this time. RECOMMENDATION Staff recommends that the Board designate one elected official to represent the Town of Westlake as its voting representative and approve the corresponding resolution. ATTACHMENTS Resolution No. 08-44 NCTCOG Voting Representative Designation Form TOWN OF WESTLAKE RESOLUTION NO. 08-44 DESIGNATING AN ELECTED OFFICIAL FROM THE TOWN OF WESTLAKE, TEXAS, TO SERVE AS ITS VOTING REPRESENTATIVE TO THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS (NCTCOG). WHEREAS, the Board of Aldermen recognizes the importance of and supports the North Central Texas Council of Governments role in municipal government; and WHEREAS, the Board of Aldermen wishes to participate in the annual selection and/or recertification of its voting delegate and liaison from the elected governing body of the Town of Westlake; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF TH TOWN OF WESTLAKE, TEXAS: SECTION 1. This Board of Aldermen hereby designates ________________________ to serve as its voting representative and liaison to the North Central Texas Council of Governments (NCTCOG). SECTION 2. This Resolution shall take effect immediately upon its adoption. PASSED AND PPROVED ON THIS 23rd DAY OF JUNE 2008. _________________________________ ATTEST: Laura Wheat, Mayor ____________________________ ________________________________ Kim Sutter, TRMC, Town Secretary Thomas E. Brymer, Town Manager APPROVED AS TO FORM: ____________________________ L. Stanton Lowry, Town Attorney Town of Westlake Memo To: Honorable Mayor and Members of the Board of Aldermen From: Tom Brymer, Town Manager Subject: Regular Meeting of June 23, 2008 Date: June 19, 2008 ITEM Consider an Ordinance amending the existing gas franchise between the Town and ATMOS Energy Corporation. BACKGROUND The Town of Westlake agreed to a rate settlement with Atmos earlier this year. The rates that were agreed to in the settlement were approximately 80% lower than the rates initially requested by Atmos. The rate settlement also had a “favored nations” clause, which allowed the settling group of cities the benefit of any favorable term offered to any other city or city group settling with Atmos. Subsequent to the rate settlement, Atmos settled with another group of cities. That city group asked Atmos, as part of the rate settlement, to allow them to increase the franchise fee Atmos pays to the city for use of the right-of-way to 5% (previously the fee had been 4%) of the gross receipts collected from within a municipality’s limits. Usually a city is in a different role when working on rate matters than it would be when negotiating a franchise, so franchise fees are not usually part of rate discussions. However, Atmos agreed to let those cities raise their franchise fees. Because of the most favored nations clause in our agreement with Atmos, that increase in the franchise fee is also available to the Town. If the Board wishes to accept the offer of an increase in the franchise fees, it will require an amendment to the franchise. Franchises and franchise amendments are done by ordinance. RECOMMENDATION Consider adoption of the ordinance amending the existing gas franchise between the town and ATMOS Energy Corporation. FUNDING N/A ATTACHMENTS Ordinance No. 596 TOWN OF WESTLAKE ORDINANCE NO. 596 AN ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS, AMENDING THE EXISTING GAS FRANCHISE BETWEEN THE TOWN AND ATMOS ENERGY CORPORATION TO PROVIDE FOR A DIFFERENT CONSIDERATION; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR ACCEPTANCE BY ATMOS ENERGY CORPORATION; AND FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW. WHEREAS, Atmos Energy Corporation (“Company”) is engaged in the business of furnishing and supplying gas to the general public in the Town of Westlake (“Town”), including the transportation, delivery, sale, and distribution of gas in, out of, and through the Town for all purposes, and is using the public streets, alleys, grounds and rights-of-way within the Town for that purpose under the terms of a franchise ordinances duly passed by the governing body of the Town and duly accepted by Company or its predecessor in interest; and WHEREAS, the Town and Company desire to amend said franchise ordinance to provide for a different consideration; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE, TEXAS, THAT: SECTION ONE: The consideration payable by Company for the rights and privileges granted to Company by the franchise ordinance duly passed by the governing body of this Town and accepted by Company or its predecessor in interest is hereby changed to be five percent (5%) of the Gross Revenues, as defined in the franchise ordinance. SECTION TWO: Franchise payments shall be made on the dates prescribed in the existing franchise and shall be for the rights and privileges of the respective period during which the payment is made. SECTION THREE: This ordinance shall take effect for all franchise fees from May 1, 2008. Company shall, within thirty (30) days from the receipt of this ordinance, file its written acceptance of this ordinance with the Office of the Town Secretary in substantially the following form: To the Honorable Mayor and Board of Aldermen: Atmos Energy Corporation, acting by and through the undersigned authorized officer, hereby accepts in all respects, on this the ____ day of ___________, 2008, Ordinance No. 596 amending the current gas franchise between the Town and Atmos Energy Corporation. Atmos Energy Corporation By: _____________________________ Vice-President, Mid-Tex Division SECTION FOUR: In all respects, except as specifically and expressly amended by this ordinance, the existing franchise ordinance heretofore duly passed by the governing body of the Town shall remain in full force and effect. SECTION FIVE: The Town shall provide a copy of this Ordinance to Mr. david Park, Vice President of Rates and Regulatory Affairs, Atmos Energy Corp., 5420 LBJ Freeway, Suite 1800, Dallas, Texas 75240, no later than ten (10) business days after its final passage and approval. SECTION SIX: It is hereby officially found and determined that the meeting at which this Ordinance is passed is open to the public as required by law and that public notice of the time, place and purpose of said meeting was given as required. PASSED AND APPROVED BY THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE, TEXAS, on this the 23RD day of June 2008. APPROVED: ______________________________ Laura Wheat, Mayor ATTEST: ___________________________ Kim Sutter, TRMC, Town Secretary APPROVED AS TO FORM: ____________________________ L. Stanton Lowry, Town Attorney Town Attorney 10. BOARD CALENDAR. - Strategic Planning Retreat O 6/27 and 6/28, Embassy Suites, Grapevine – 8:30 a.m. - NW Metroport Chamber of Commerce Luncheon, 7/1/08, 11:30 a.m. - Planning and Zoning Commission – 7/24/08, 6 p.m. - Texas Municipal League Newly Elected Officials training O 7/25 – 7/26/08, Austin, 7:30 a.m. o 8/8 - 8/9/08, Austin, 7:30 a.m. - Texas Municipal League Annual Conference and Exhibition o October 28 – 31, 2008, San Antonio, Texas Town of  Westlake  Item #10 – Board  Calendar  Back up material has not  been provided for this item.  Town of  Westlake  Item #11 –  Adjournment  Back up material has not  been provided for this item.