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HomeMy WebLinkAbout02-23-09 TC Agenda Packet The Regular Meeting of the Town of Westlake Town Council will begin immediately following the conclusion of either the Town Council Workshop or the Board of Trustees meeting, but not prior to the 7:00 p.m.posted start time. TOWN OF WESTLAKE, TEXAS Mission Statement On beha�f of the citizens, the mission of the Town of Westlake is to be a one-of-a-kind community that blends our rural atmosphere with our rich culture and urban location. Westlake, Texas—A Premier Knowledge Based Community TOWN COUNCIL REGULAR MEETING AGENDA FEBRUARY 23, 2009 WESTLAKE TOWN HALL 3 VILLAGE CIRCLE MUNICIPAL COURT ROOM, SUITE 207 7:00 p.m. 1. CALL TO ORDER. 2. PLEDGE OF ALLEGIANCE. 3. CITIZEN PRESENTATIONS: This is an opportunity for citizens to address the Council on any matter whether or not it is posted on the agenda. The Council cannot by law take action nor have any discussion or deliberations on any presentation made to the Council at this time concerning an item not listed on the agenda. The Council will receive the information, ask staff to review the matter, or an item may be noticed on a future agenda for deliberation or action. 4. CONSENT AGENDA: All items listed below are considered routine by the Town Council and will be enacted with one motion. There will be no separate discussion of Town of Westlake Town Council Page 2 of 3 Regular Meeting Agenda February 23,2009 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. Review and approve minutes of the Town Council Regular meeting and Workshop held on February 9, 2009. b. Consider a Resolution approving the payment of Graham Associates, Inc. invoice for engineering services related to the FM 1938 project. c. Consider a Resolution adopting an identity theft policy in accordance with an amendment to the Fair and Accurate Credit Transaction Act of 2003. 5. HEAR THE YEARLY SERVICE AND ACTIVITY REPORT FOR POLICE SERVICES BY CHIEF MARK HAFNER OF THE KELLER POLICE DEPARTMENT. 6. CONSIDER A RESOLUTION ACCEPTING THE RACIAL PROFILING REPORT AS PREPARED BY THE CITY OF KELLER POLICE DEPARTMENT 7. FUTURE AGENDA ITEMS: Any Council member may request at a workshop and / or Council meeting, under "Future Agenda Item Requests", an agenda item for a future Council meeting. The Council Member making the request will contact the Town Manager with the requested item and the Town Manager will list it on the agenda. At the meeting, the requesting Council Member will explain the item, the need for Council discussion of the item, the item's relationship to the Council's strategic priorities, and the amount of estimated staff time necessary to prepare for Council discussion. If the requesting Council Member receives a second, the Town Manager will place the item on the Council agenda calendar allowing for adequate time for staff preparation on the agenda item. - NONE 8. COUNCIL CALENDAR. - Candidate Filing Period for Town Council o February 7 through March 9, 2009, 5 p.m. - Texas Student Housing Authority Meeting o Tues., February 24, 2009, 5:30 p.m. - General Election Day o May 9, 2009 - Decoration Day o Monday, May 25,2009, I.O.O.F. Cemetery 9. EXECUTIVE SESSION. The Council will conduct a closed session under Texas Government Code for the following: Town of Westlake Town Council Page 3 of 3 Regular Meeting Agenda February 23,2009 a. Pursuant to Section 551.074(a)(1) of the Texas Government Code to deliberate the evaluation and duties of public officers: The Town Manager 10. RECONVENE MEETING. 11. TAKE ANY NECESSARY ACTION FROM EXECUTIVE SESSION, IF NECESSARY. 12. 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, February 20,2009,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. Town of Westlake Item # 2 — Pledge of Allegiance Texas Pledge: "Honor the Texas flag; I pledge allegiance to thee, Texas, one state under God, one and indivisible. " Town of Westlake Item # 3 — Citizens' Presentations This is an opportunity for citizens to address the Council on any matter whether or not it is posted on the agenda. The Council cannot by law take action nor have any discussion or deliberations on any presentation made to the Council at this time concerning an item not listed on the agenda. The Council will receive the information, ask staff to review the matter, or an item may be noticed on a future agenda for deliberation or action. MINUTES OF THE TOWN OF WESTLAKE, TEXAS TOWN COUNCIL WORKSHOP February 9, 2009 PRESENT: Mayor Laura Wheat and Council Members Tim Brittan, Larry Corson, Carol Langdon, Don Redding and Rebecca Rollins. ABSENT: None. OTHERS PRESENT: Town Manager Thomas Brymer, Town Attorney Stan Lowry, Town Secretary Kim Sutter, DPS Director Don Wilson, and Planning and Development Director Eddie Edwards. 1. CALL TO ORDER. Mayor Wheat called the workshop to order at 4:21 p.m. 2. EXECUTIVE SESSION Mayor Wheat recessed the workshop to discuss the following items in executive session at 4:21 p.m. a. Pursuant to Section 551.072: deliberation regarding the purchase, exchange, lease or value of real property: Easements for F. M. 1938 Project. b. Pursuant to Section 551.071(2): consultation with town attorney on a matter in which the duty of the town attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with this Chapter: Gas well drill sites and property rights. Mayor Wheat convened the executive session at 4:23 p.m. The executive session adjourned at 5:02 p.m. 3. RECONVENE MEETING Mayor Wheat reconvened the meeting at 5:04 p.m. Town of Westlake Town Council Page 2 of 3 Workshop Minutes February 9,2009 4. DISCUSSION AND CONSIDERATION OF A DRAFT PROPOSED OIL AND GAS DRILLING TECHNICAL STANDARDS ORDINANCE, PROPOSED ZONING ORDINANCE AMENDMENTS RELATED TO OIL AND GAS DRILLING, AND PROPOSED PERMITS/FEES FOR OIL AND GAS DRILLING IN WESTLAKE. Town Manager Brymer advised that this item is a continuation of the discussion held at the January 12 and January 26, 2009, Council workshops. Mr. Brymer presented a PowerPoint presentation regarding the proposed oil and gas well drilling technical standards ordinance, specifically at it relates to setbacks, and reviewed the staff recommendations. Town Manager Brymer advised that the Council could elect to grant setback adjustments in specific situations. Mr. Brymer added that regardless of the setback, staff recommends that the measurement be from the drill zone to the protected use. Council discussion ensued regarding the setback options as presented by staff, the SUP process, and the aesthetic standards. Town Manager Brymer summarized the Council's discussion and direction up to this point on the zoning aspect of oil and gas well drilling/production in Westlake. Regarding the zoning part of this discussion, the Council consensus and direction to staff was to allow oil and gas well drilling/production in all zoning districts, but only with an approved Specific Use Permit (SUP). This will require a major zoning ordinance amendment affecting all properties in Westlake that will require notification of all property owners per the Tarrant and Denton Counties tax rolls. Additionally, the Council direction to staff was to prepare a zoning ordinance amendment that would allow, at the owner's choice, to provide for master planning multi-well tracts as opposed to going through the SUP process for each well separately. Discussion continued on the draft Technical Standards Ordinance. Mr. Brymer reviewed staff proposal # 2 regarding well setback distances, which would allow the possibility of reducing the setbacks from 1,000 foot to 600 feet with Town Council approval, and further reduction from 600 feet to 300 feet with the consent of adjacent property owners and with the approval of the Town Council. Council discussion continued regarding the required percentage of adjacent property owners or amount of surface area owned by an individual property owner in the setback reduction area and whether or not the SUP approval should include the percentage of support AND / OR Town Council approval. The Council discussion focused on using a two-thirds percentage of property owners within the setback reduction area that would have to support a setback reduction from 600 feet to 300 feet. Town Attorney Lowry advised that a determination regarding calculating the percentages based on ownership of surface area in the notification area needs to be vetted if the Town of Westlake Town Council Page 3 of 3 Workshop Minutes February 9,2009 Council desires to proceed in that direction. The Council left the discussion with some consensus to further discuss the two-thirds percentage requirement for property owners to allow setback reductions from 600 to 300 feet. However, regarding the remainder of the Technical Standards Ordinance, the Council agreed that it represented the Council's policy direction on this issue, subject to fine-tuning of the language and legal review. Mayor Wheat opened the floor to those in attendance. Attendees addressed the Council regarding the required notification area prior to consideration of a Special Use Permit (SUP) by the Planning and Zoning Commission and the Town Council. Mr. Warren Doyle, representing Hillwood Energy, advised that Hillwood would need to evaluate their development plans if the Town establishes the 1,000-foot setback. 5. FUTURE AGENDA ITEMS. There were not items submitted for consideration. 6. ADJOURNMENT. There being no further business, Mayor Wheat adjourned the workshop at 6:22 p.m. APPROVED BY THE TOWN COUNCIL ON FEBRUARY 23, 2009. Laura Wheat, Mayor ATTEST: Kim Sutter, TRMC, Town Secretary f � • MINUTES OF THE TOWN OF WESTLAKE, TEXAS TOWN COUNCIL REGULAR MEETING February 9, 2009 PRESENT: Mayor Laura Wheat and Council Members Larry Corson, Carol Langdon, Don Redding, and Rebecca Rollins. ABSENT: Council Member Tim Brittan. OTHERS PRESENT: Town Manager Thomas Brymer, Town Attorney Stan Lowry, Town Secretary Kim Sutter, DPS Director Don Wilson, Assistant to the Town Manager Ginger Awtry, Planning and Development Director Eddie Edwards, Finance Director Debbie Piper, and Public Works Superintendent Jarrod Greenwood. 1. CALL TO ORDER. Mayor Wheat called the meeting to order at 7:37 p.m. 2. CITIZEN PRESENTATIONS. Mr. Perry Ruck, 2190 Ottinger, Road, Keller, addressed the Council regarding gas well drilling, and invited the Council Members to visit a gas well site as they consider making a decision regarding setbacks. 3. CONSENT AGENDA. Mayor Wheat introduced the item and asked for a motion: a. Review and approve minutes of the Town Council Regular meeting and Workshop held on January 26, 2009. MOTION: Mayor Pro Tem Redding made a motion to approve the consent agenda as presented. Council Member Rollins seconded the motion. The motion carried by a vote of 4-0. Town of Westlake Town Council Page 2 of 4 Regular Meeting Minutes February 9,2009 4. CONSIDER A RESOLUTION APPROVING A REVISED INTERLOCAL AGREEMENT AMONG TARRANT COUNTY, CITY OF KELLER, CITY OF SOUTHLAKE AND TOWN OF WESTLAKE CONCERNING ACQUISITION OF RIGHT-OF-WAY FOR THE FM 1938 PROJECT. (Tabled by the Town Council at their January 26, 2009, meeting) Public Works Superintendent Greenwood addressed the Council regarding the item. Mr. Greenwood advised that the purpose of the revised interlocal agreement is to clarify the disbursement of the funds to the Cities of Keller, Southlake and the Town of Westlake for right-of-way acquisition for the FM 1938 project. Tarrant County Commissioner Gary Fickes was present to address questions from the Council. Town Manager Brymer commended Tarrant County for their assistance with the project funding. MOTION: Council Member Corson made a motion to approve Resolution 09-05, approving a revised interlocal agreement among Tarrant County, City of Keller, City of Southlake and the Town concerning acquisition of Right- of-Way for the FM 1938 Project. Council Member Langdon seconded the motion. The motion carried by a vote of 4-0. 5. CONSIDER A RESOLUTION SUPPORTING LOCAL OPTION TAXES AND FEES TO FUND TRANSPORTATION INCLUDING RAIL IN NORTH TEXAS. Town Manager Brymer introduced the item. Tarrant County Commissioner Gary Fickes and Mr. Vic Suhm, Executive Director, The Tarrant Regional Transportation Coalition (TRTC), addressed the Council regarding the item. Commissioner Fickes stated that the proposal would give Counties the ability to control important local transportation projects and provide a means to fund the projects by allowing voters to decide which projects to fund and the source of the funding. Mr. Vic Suhm addressed the Council regarding transportation in the region, and stated that over the next 20 years, the region's population is anticipated to be approximately 3 million people. Commissioner Fickes and Mr. Suhm addressed questions from the Council related to the type of transportation projects to be considered, the intent of the legislation, and regional support. MOTION: Mayor Pro Tem Redding made a motion to approve Resolution 09-06, supporting local option taxes and fees to fund transportation including rail in North Texas. Council Member Rollins seconded the motion. The motion carried by a vote of 4-0. Town of Westlake Town Council Page 3 of 4 Regular Meeting Minutes February 9,2009 6. FUTURE AGENDA ITEMS. There were no items submitted for consideration. 7. COUNCIL CALENDAR. Mayor Wheat reviewed the Council calendar. - TML Legislative Briefing o 2/9/09,Austin, Texas 8. EXECUTIVE SESSION Mayor Wheat recessed the regular meeting to discuss the following items in executive session at 8:09 p.m. The Council will conduct a closed session under Texas Government Code for the following: a. Pursuant to Section 551.072: deliberation regarding the purchase, exchange, lease or value of real property: Easements for F. M. 1938 Project. b. Pursuant to Section 551.071(2): consultation with town attorney on a matter in which the duty of the town attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with this Chapter: Gas well drill sites and property rights Mayor Wheat convened the executive session at 8:10 p.m. The executive session adjourned at 8:32 p.m. 9. RECONVENE MEETING Mayor Wheat reconvened the regular session at 8:34 p.m. 10. TAKE ANY ACTION FROM EXECUTIVE SESSION, IF NECESSARY No action 11. ADJOURNMENT. There being no further business before the Council, Mayor Wheat asked for a motion to adjourn the meeting. MOTION: Mayor Pro Tem Redding made a motion to adjourn the meeting. Council Member Corson seconded the motion. The motion carried by a vote of 4- 0. Mayor Wheat adjourned the meeting at 8:34 p.m. Town of Westlake Town Council Page 4 of 4 Regular Meeting Minutes February 9,2009 APPROVED BY THE TOWN COUNCIL ON FEBRUARY 23, 2009. Laura Wheat, Mayor ATTEST: Kim Sutter, TRMC, Town Secretary Town of Westlake Memo To: Honorable Mayor and Members of the Town Council From: Jarrod Greenwood, Public Works Superintendent Subject: Regular meeting of February 23, 2009 Date: February 11, 2009 ITEM Consider a Resolution approving the payment of Graham Associates, Inc. invoice for engineering services related to the FM 1938 project. VISION POINT AND KEY RESULT AREAS This item supports the following Vision Point and Key Result Areas: 0 We are Leaders o Infrastructure maintenance and planning BACKGROUND The FM 1938 project is a collaborative effort between TxDOT, Tarrant County, Westlake, Southlake, and Keller utilizing federal, state, and local funding sources. The Cities of Southlake and Keller, and the Town of Westlake entered into a contract agreement in 2001 for engineering services with Graham Associates, Inc. for the design of the thoroughfare and preparation of right-of-way (ROW) documents for the extension of F.M. 1938 along the route of Randol Mill Road and Precinct Line Road from F.M. 1709 to S.H. 114. Graham Associates, Inc. has incurred additional engineering costs on this project due to unexpected changes in TxDOT's construction plan review policies and some unforeseen additional ROW research and strip map revisions. Graham's plans were designed and submitted for review in March 2008 in accordance with applicable standards. However, upon TxDOT's review, they implemented additional engineering design work that was not previously known. This is within their authority as the road will be owned and maintained by TxDOT. This meant that the project was held up until the additional requirements were met and resubmitted. In order to facilitate progress, staff instructed Graham to proceed with the additional work. Graham has now submitted an invoice to the Town for the added engineering design. FUNDING Graham's invoice amount is $190,758 and will be paid from the available FM 1938 Texpool balance. It is important to note that this additional cost is not reimbursable by Tarrant County, Southlake, or Keller as the design work was to accommodate Westlake properties. RECOMMENDATION Staff recommends approval. ATTACHMENTS: Resolution No. 09-07 Graham Associates invoice number: 090187 TOWN OF WESTLAKE RESOLUTION NO. 09-07 APPROVING THE PAYMENT OF ADDITIONAL ENGINEERING AND DESIGN SERVICES RELATED TO THE FM 1938 EXPANSION PROJECT. WHEREAS, in March of 2001, the Cities of Southlake and Keller, and the Town of Westlake entered into a contract agreement for engineering services with Graham Associates, Inc. for the design of the thoroughfare and preparation of right-of- way (ROW) documents for the extension of F.M. 1938 along the route of Randol Mill Road and Precinct Line Road from F.M. 1709 to S.H. 114; and WHEREAS, Graham Associates, Inc. has incurred additional engineering costs on this project due to the Texas Department of Transportation (TXDOT) and some unforeseen additional ROW research and strip map revisions, and WHEREAS, the additional funds needed to cover the Phase 1 engineering fee increase is $190,758; and WHEREAS, the Town Council has deemed it necessary and in the best interest, health, and welfare of the citizens of Westlake and the region to move forward with this project; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE: SECTION 1. That the above findings are hereby found to be true and correct are incorporated herein in their entirety. SECTION 2. That the Town Council of the Town of Westlake hereby approves the payment for additional engineering and design services, as attached Exhibit "A", for the FM 1938 expansion project; and further authorizes the Town Manager to execute payment relating thereto. SECTION 3. That this Resolution shall become effective upon the date of its passage. PASSED AND APPROVED ON THIS 23 DAY OF FEBRUARY 2009. Laura Wheat, Mayor ATTEST: Kim Sutter, TRMS, Town Secretary Tom Brymer, Town Manager APPROVED AS TO FORM: L. Stanton Lowry, Town Attorney 2 Graham Associates, Inc. Page 1 of 2 CONSULTING ENGINEERS&PLANNERS INVOICE To: Town of Westlake Date: 1/29/2009 3 Village Circle,Suite 202 Invoice No.: 090187 Westlake,Texas 76262 W.O.No.: 998-1048 Services thru: 1/20/2009 Project Manager: Williams Attn: Mr.Jarod Greenwood Office: Arlington F.M. 1938 Additional Services Required for the Town of Westlake The following represents additional design work required by TxDOT for Phase I,exclusive of the off-site drainage work to be paid by Southlake. Plans Specifications,and Estimate 1. Retaining walls added to the project include: a. Retaining wall key map sheets 196-199. b. Retaining wall 9 was added because of a rock retaining wall constructed by Vaquero Arthur Addition in the Town's right-of-way,sheets 237-241. c. Retaining walls 11 and 12 were added for structural support of the major creek crossing near Sabin Drive,sheets 246-249. d. Retaining walls 13, 14, 14A, 15, 16 and 16A were added for pedestrian structure ramping,sheets 250-253. e. Special shoring was required for walls 2,4B and 9,sheets 204-205,218-219,232-236. f. Form liner detail sheet 225C was added. g. Added additional details for retaining walls. Principal 32 hours @ $110 $ 3,520.00 Senior Engineer 190 hours (a, $95 $ 18,050.00 Reg.Engineer 219 hours @ $85 $ 18,615.00 Grad.Engineer 215.5 hours Al $70 $. 15,085.00 Technician III 195 hours @ $60 $ 119700.00 Survey Crew(3-Man) 53.5 hours (a, $100 $ 5,350.00 Survey Crew(2-Man) 22 hours na, $85 $ 1,870.00 Clerical 2 hours (a, $30 $ 60.00 CADD Station 130 hours nn, $25 $ 3,250.00 Subtotal $ 77,500.00 2. Typical sections sheets 4-6 were modified to include new walls. Senior Engineer 15.5 hours (a, $95 $ 1,472.50 Reg.Engineer 21 hours @ $85 $ 1,785.00 Subtotal $ 3,257.50 3. Revising cross sections for walls and streets a. Sheets 444-448 revised to include new walls. b. Sheets 481-489 were added for Dove Road,Capital Parkway,and Solana Boulevard. Principal 1 hours (a, $110 $ 110.00 Senior Engineer 6 hours (a, $95 $ 570.00 Reg.Engineer 71.5 hours a, $85 $ 6,077.50 Technician III 88 hours (n, $60 $ 5,280.00 CADD Station 58 hours @ $25 $ 1,450.00 Subtotal $ 13,487.50 paGraham Associates, Inc. Page 2 of 2 CONSULTING ENGINEERS&PLANNERS INVOICE To: Town of Westlake Date: 1/29/2009 3 Village Circle,Suite 202 Invoice No.: 090187 Westlake,Texas 76262 W.O.No.: 998-1048 Services thru: 1/20/2009 Project Manager: Williams Attn: Mr.Jarod Greenwood Office: Arlington F.M. 1938 Additional Services Required for the Town of Westlake 4. Traffic Control Plans: Traffic control plans were completely changed by the North Area Office to allow for more phases of construction of all the intersections. This decision was made on not allowing the contractor any flexibility during this process to ask for a change order. Every sign,pavement marking,and barricade was accounted for to prevent future change orders. This did create a more complicated traffic control plan and added 6 months of construction time to the project. Sheets 16-18,38-86 were mostly new sheets completely revised since the last round of traffic control plans. Principal 15 hours @ $110 $ 1,650.00 Senior Engineer 105 hours @ $95 $ 9,975.00 Reg.Engineer 211 hours @ $85 $ 17,935.00 Technician III 217 hours @ $60 $ 13,020.00 CADD Station 145 hours @ $25 $ 3,625.00 Subtotal $ 46,205.00 5. Right-of-way Engineer held meetings with City and property owners to work out right-of-way. Special plan documents prepared for Roland Arthur and properties north of Dove Road based on the county right-of-way maps for Dove Road and Precinct Line Road. Drainage documents prepared for outfalls along Dove Road and Precinct Line Road. TxDOT documents were complicated by State and City right-of-way for roadway with the 1 foot off the curb decision on State right-of-way. Registered Surveyor 2 hours @ $95 $ 190.00 Reg.Engineer 31.5 hours @ $85 $ 2,677.50 Grad.Engineer 64 hours @ $70 $ 4,480.00 Technician IV 20 hours @ $70 $ 1,400.00 Technician III 182.5 hours @ $60 $ 10,950.00 Technician II 249.5 hours @ $50 $ 12,475.00 Survey Crew(3-Man) 27.5 hours @ $100 $ 2,750.00 CADD Station 135.5 hours @ $25 $ 3,387.50 Subtotal $ 38,310.00 6. Specifications and estimate: Include specifications and revise estimate to include items 1-4 above. Include revising the plan quantities and quantity sheets. Senior Engineer 82 hours @ $95 $ 7,790.00 Reg.Engineer 26 hours @ $85 $ 2,210.00 Technician III 29 hours @ $60 $ 1,740.00 CADD Station 10 hours @ $25 $ 250.00 Subtotal $ 11,990.00 Total Amount Due This Invoice $ 190,750.00 Jeff it iams,P.E. Project Manager (817)640-8535 DUE 10th OF MONTH FOLLOWING INVOICE DATE PLEASE REMIT TO: 600 SIX FLAGS DRIVE,SUITE 500,ARLINGTON,TEXAS 76011 Please enclose yellow copy with remittance. Westlake Additional Services Items No. 1,2, &3 Retaining Wall Plan/Profiles June 26, 2001 Orip-inal Contract No retaining walls were included in the Town of Westlake in the Engineering estimate. Assumed all property would be sloped or cut/filled to the proposed road grades. Tarrant County Amendment No. 1 August 2007 90%P.S.&E. Retaining Walls 1, 2, 3, 4a, 4b, 5, 6 & 7 were included in original change order for Roland Arthur property in Westlake. Walls included - Plan/Profiles by Graham Associates,Inc. - Geotechnical Report by Landtech - Calculations of wall design by S.R.A. No fees were included in the Tarrant County Amendment for retaining walls. Change order for geotechnical work&wall calculations was approved and paid for by Westlake. Graham Associates, Inc. had shown Westlake a change order for$37,500.00 for Graham Associates, Inc. in 10/10/07 for this work but they have never been paid. March 2008 &August 2008, 95%P.S.&E. Retaining Walls 9, 11 & 12 were added in Southlake and Vaquero from Randol Mill Avenue to Southlake/Westlake city limits to prevent more right-of-way purchases. Retaining Walls 13, 14, 14A, 15,16, and 16A were added for pedestrian structure ramping. Special shoring was required by TXDOT for walls 2,4B, and 9. Form liner details,railing, and wall standards were added. Typical sections were modified to include the new walls. Cross-sections were modified to include the new walls. Change order for geotechnical work & wall calculations was approved by Westlake. Westlake approved extra costs by sub-consultants. No change order was approved for Graham Associates,Inc. January 29, 2009 invoice Includes the March 2008 &August 2008 TXDOT changes to the plans for$103,190.00. Westlake Additional Services Item No. 4 Traffic Control Plans June 26, 2001 Oriszinal Contract Parsons Transportation Group originally designed the traffic control plans as part of their basic services. Traffic control fee cost were approximately$60,000.00 in the original base fee August 2007 90%P.S.&E. Graham Associates,Inc completed the traffic control plans because Parsons would not work without a signed contract and we had a deadline of August 2007. Traffic Control Phases I, IA,IB, IC, ID, II, IIA, IIB,IIC, IID, IIE, IIF (29 sheets of plans) There were no major review comments. March 2008 95%P.S.&E Same traffic control plans were submitted with answered comments from August 2007. Tarrant County Amendment no.l No costs were included since this item was substantially complete from August 2007 TXDOT review of the plans. August 2008 95%P.S.&E. Basis for January 29,2009 invoice Traffic Control Phases — TXDOT instructed Graham Associates, Inc. to redesign the phasing on the traffic control plans. Intersections and driveways now required 2 to 4 phases. TXDOT basis was to anticipate the most substantial traffic control phasing from an urban area to avoid change orders during construction. Traffic Control Phases changed to Phase I, Stages 1-3 FM 1938 Phase II, Stage 1 FM 193 8 Phase II, Stage 1 Dove Road Phase II, Stage 1 Solano Blvd Phase II, Stages 2-3 Randol Mill Ave Phase II, Stages 2-4 Dove Road Phase III, Stage 1 FM 1938 Phase III, Stage 1 Sabine Drive Detour Phase III, Stage 1 Bear Way Detour Phase III, Stage 1 Dove Road Phase III, Stage 1 Solano Blvd Phase III, Stage 2 FM 1938 Phase III, Stage 2 Vaquero Club Detour Phase III, Stage 2 Dove Road Phase III, Stage 2 Bull Way Detour Phase III, Stage 3 FM 1938 Phase III, Stage 3 Dove Road Phase III, Stage 3 Solano Blvd Phase III, Stage 3 Solano Blvd Detour Graham Associates,Inc.also Added Advance Warning Sign Sheet 41. (49 sheets total most of them completely new) Traffic Control went from 12 stages to 24 stages,20 months to 24 months. Graham Associates, Inc. is asking for$46,205.00 in the January 29,2009 invoice for this item. Westlake Additional Services Item No. 5 Right of Way Documents June 26, 2001 Original Contract Right of Way included 33 Parcels and one set of TXDOT Right of Way strip maps for a fee of$38,650.00 Tarrant County Amendment No. 1 2008(no date) Westlake portion of the change order included only the transfer of documents from the Town of Westlake to TXDOT for$5,050.00. This amendment was based on items known in August 2007. January 29,2009 invoice to Westlake for extra services 1) Roland Arthur right of way parcels with new driveway locations and walls made changes/additions to the parcels in the original contract. They include parcels 64 Parts 1-2, 264 Parts 1-5, 64TE Parts 1-2, and 264 DE. 2) Town deciding to use 1 foot outside paving as a basis for TXDOT Right of Way. This is typically 15 to 20 feet outside the curb line. This created a lot of odd shaped parcels that had a lot of curves and took up to 24 pages of documents to do one parcel. Changes included parcels 61 Parts 1-12. 3) Tarrant County provided documentation for Dove Road and Precinct Line Road in 2008 which complicated and revised the documents from Dove Road to Solano Boulevard. 4) Tarrant County required us to provide Right of Way maps to include all easements in one set of strip maps similar to a city road project. TXDOT only requires maps to show there Right of Way only which would include only Parcels 61 Parts 1-12. This created a new set of Right of Way plans that contained 20 new sheets. 5) Two drainage easements were added along Dove Road for Maguire Partners and Fidelity, which included Parcels 265DE &266DE. 6) In total the project ended up with 36 total parcels with maps. Because of items 1-5 above the parcels have all been changed and are new documents for a total of 153 survey and legal documents. Typically these documents have 2 to 3 pages per document, but because of the complexity of the parcels the new documents averaged 4.25 pages per document. Westlake Additional Services Item No. 6 Specifications, Quantities, Estimates The aforementioned changes or additions required us to do new calculations and drafting to all the quantity sheets in the plans (21 sheets). We also had to make changes to TxDOT's DCIS software for each bid item and quantity change for the correctly done estimate in TxDOT's format. We also had to make changes to the specifications and General Notes for different bid items for items 1-4 listed using TXDOT's special templates. Graham Associates, Inc. requests the amount of$11,990.00 for the completion of these items with the January 29,2009 invoice. Town of Westlake Memo To: Honorable Mayor and Members of the Town Council From: Todd Wood, Director of Administrative Services Subject: Regular Meeting of February 23, 2009 Date: February 16, 2009 ITEM Consider a Resolution adopting an identity theft policy in accordance with an amendment to the Fair and Accurate Credit Transaction Act of 2003. VISION POINT AND KEY RESULT AREAS This item supports the following Vision Point and Key Result Areas: Q Hospitality Finds its Home in Westlake o Citizen engagement and communication BACKGROUND In order to comply with recent amendments to the Fair and Accurate Credit Transactions Act of 2003 ("FACTA"), the Town is required to adopt a policy preventing identity theft. FACTA requires that the Town adopt an Identity Theft Prevention Program before May 1, 2009. The Program being recommended for adoption covers all the necessary actions that the Town must take in order to be in compliance with FACTA. It addresses each of the legal points referenced above and describes specific steps that the Town must take in order to implement a successful and effective program. The Identity Theft Prevention Program ("Program"), pursuant to the Federal Trade Commission's Red Flags Rule ("Rule"), must contain reasonable policies and procedures to: 1. Identify relevant Red Flags (discussed below) for new and existing covered accounts, and incorporate those Red Flags into the Program; 2. Detect Red Flags that have been incorporated into the Program; 3. Respond appropriately to any Red Flags that are detected in order to prevent and mitigate Identity Theft; and 4. Ensure the Program is updated periodically, reflecting changes in risks to customers or to the safety and soundness of the creditor from Identity Theft. 1. FACTA Definitions The Rule defines "Identity Theft" as "fraud committed using the identifying information of another person" and a "Red Flag" as "a pattern, practice, or specific activity that indicates the possible existence of Identity Theft." According to the Rule, a municipal utility is a creditor subject to FACTA compliance requirements. The Rule defines creditors "to include finance companies, automobile dealers, mortgage brokers, utility companies, and telecommunications companies. Where non-profit and government entities defer payment for goods or services, they, too, are to be considered creditors." All the Town's accounts that are individual utility service accounts held by customers of the utility whether residential, commercial or industrial are covered by the Rule. Under the Rule, a"covered account" is: 1. Any account the Town offers or maintains primarily for personal, family or household purposes, that involves multiple payments or transactions; and 2. Any other account the Town offers or maintains for which there is a reasonably foreseeable risk to customers or to the safety and soundness of the Town from Identity Theft. "Identifying information" is defined under the Rule as "any name or number that may be used, alone or in conjunction with any other information, to identify a specific person," including: name, address, telephone number, social security number, date of birth, government issued driver's license or identification number, alien registration number, government passport number, employer or taxpayer identification number, unique electronic identification number, computer's Internet Protocol address, or routing code. 2. Identifying Red Flags In order to identify relevant Red Flags, the Town considers the types of accounts that it offers and maintains, the methods it provides to open its accounts, the methods it provides to access its accounts, and its previous experiences with Identity Theft. The Town identifies the red flags in each of the following categories: (1) Notifications and Warnings from Credit Reporting Agencies; (2) Suspicious Documents; (3) Suspicious Personal Identifying Information; (4) Suspicious Account Activity or Unusual Use of Account; and(5) Alerts From Others. 3. Other Steps That a City Must Take Cities must also take the following steps: (1) Detect Red Flags-for new accounts and existing accounts; (2) Prevent and Mitigate Identity Theft-includes protecting customers' identifying information; (3) Program Updates; and (4) Program Administration-includes oversight, staff training and reports, service provider arrangements, and non-disclosure of specific practices. FUNDING N/A RECOMMENDATION That the Town Council adopt the Resolution, formally creating an identity theft policy in accordance with an amendment to the Fair and Accurate Credit Transactions Act of 2003 to ensure compliance with the requirements of the Fair and Accurate Credit Transactions Act. ATTACHMENTS: Resolution No 09- Exhibit to Resolution (Identity Theft Policy) TOWN OF WESTLAKE RESOLUTION NO. 09-08 ADOPTING AN IDENTITY THEFT POLICY IN ACCORDANCE WITH AN AMENDMENT TO THE FAIR AND ACCURATE CREDIT TRANSACTION ACT OF 2003; PROVIDING A SEVERABILITY CLAUSE AND DECLARING AN EFFECTIVE DATE. WHEREAS, a recent amendment to the Fair and Accurate Credit Transactions Act of 2003 requires the development of an Identity Theft Prevention Program; and WHEREAS, the new rules are scheduled to become effective May 1, 2009 and require municipal utilities and other departments to implement an identity theft program; and WHEREAS, this Resolution is being passed in full accordance with all requirements of State law, including but not limited to the Open Meeting Act; and WHEREAS, the Town Council determines that the passage of this Resolution is in the best interest of the public; NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: Section 1. THAT all matters set forth herewith are found to be true and correct, are incorporated herein by reference is if copied in their entirety, and are adopted by the Town. Section 2. THAT the Town hereby adopts the Policy attached to this Resolution as Exhibit `A "and incorporated by reference herein to be the Town's Identity Theft Protection Policy. Section 3. THAT it is hereby declared to be the intention of the Town, that sections, paragraphs, clauses, and phrases of this Resolution are severable, and if any phrase, clause, sentence or section of this Resolution shall be declared unconstitutional or illegal by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality or illegality shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this Resolution since the same would have been enacted by the Town without the incorporation in this Resolution of any such unconstitutional or illegal phrase, clause, sentence,paragraph or section. Section 4. THAT this Resolution shall be in full force and effect from and after the date of its passage. PASSED AND APPROVED ON THE 23 DAY OF FEBRUARY 2009. Laura Wheat, Mayor ATTEST: Kim Sutter TRMC, Town Secretary Thomas E. Brymer, Town Manager APPROVED AS TO FORM: L. Stanton Lowry, Town Attorney Town of Westlake Identity Theft Prevention Program Effective beginning I. PROGRAM ADOPTION The Town of Westlake ("Utility") developed this Identity Theft Prevention Program ("Program") pursuant to the Federal Trade Commission's Red Flags Rule ("Rule"), which implements Section 114 of the Fair and Accurate Credit Transactions Act of 2003. 16 C. F. R. § 681.2. This Program was developed with oversight and approval of the Town Council. After consideration of the size and complexity of the Utility's operations and account systems, and the nature and scope of the Utility's activities, the Town Council determined that this Program was appropriate for the Town of Westlake, and therefore approved this Program on , 2009. II. PROGRAM PURPOSE AND DEFINITIONS A. Fulfilling requirements of the Red Flags Rule (16 C.F.R.081.2) Under the Red Flag Rule, every financial institution and creditor is required to establish an "Identity Theft Prevention Program" tailored to its size, complexity and the nature of its operation. Each program must contain reasonable policies and procedures to: 1. Identify relevant Red Flags for new and existing covered accounts and incorporate those Red Flags into the Program; 2. Detect Red Flags that have been incorporated into the Program; 3. Respond appropriately to any Red Flags that are detected to prevent and mitigate Identity Theft; and 4. Ensure the Program is updated periodically, to reflect changes in risks to customers or to the safety and soundness of the creditor from Identity Theft. B. Red Flags Rule definitions used in this Program The Red Flags Rule defines "Identity Theft" as "fraud committed using the identifying information of another person" and a "Red Flag" as "a pattern, practice, or specific activity that indicates the possible existence of Identity Theft." According to the Rule, a municipal utility is a creditor subject to the Rule requirements. The Rule defines creditors "to include finance companies, automobile dealers, mortgage brokers, utility companies, and telecommunications companies. Where non-profit and government entities defer payment for goods or services, they, too, are to be considered creditors." All the Utility's accounts that are individual utility service accounts held by customers of the utility whether residential, commercial or industrial are covered by the Rule. Under the Rule, a"covered account" is: 2 1. Any account the Utility offers or maintains primarily for personal, family or household purposes, that involves multiple payments or transactions; and 2. Any other account the Utility offers or maintains for which there is a reasonably foreseeable risk to customers or to the safety and soundness of the Utility from Identity Theft. "Identifying information" is defined under the Rule as "any name or number that may be used, alone or in conjunction with any other information, to identify a specific person," including: name, address, telephone number, social security number, date of birth, government issued driver's license or identification number, alien registration number, government passport number, employer or taxpayer identification number, unique electronic identification number, computer's Internet Protocol address, or routing code. III. IDENTIFICATION OF RED FLAGS. In order to identify relevant Red Flags, the Utility considers the types of accounts that it offers and maintains, the methods it provides to open its accounts, the methods it provides to access its accounts, and its previous experiences with Identity Theft. The Utility identifies the following red flags, in each of the listed categories: A. Notifications and Warnings From Credit Reporting Agencies Red Flags 1) Report of fraud accompanying a credit report; 2)Notice or report from a credit agency of a credit freeze on a customer or applicant; 3)Notice or report from a credit agency of an active duty alert for an applicant; and 4) Indication from a credit report of activity that is inconsistent with a customer's usual pattern or activity. B. Suspicious Documents Red Flags 1. Identification document or card that appears to be forged, altered or inauthentic; 2. Identification document or card on which a person's photograph or physical description is not consistent with the person presenting the document; 3. Other document with information that is not consistent with existing customer information(such as if a person's signature on a check appears forged); and 4. Application for service that appears to have been altered or forged. C. Suspicious Personal Identifying Information 3 Red Flags 1. Identifying information presented that is inconsistent with other information the customer provides (example: inconsistent birth dates); 2. Identifying information presented that is inconsistent with other sources of information(for instance, an address not matching an address on a credit report); 3. Identifying information presented that is the same as information shown on other applications that were found to be fraudulent; 4. Identifying information presented that is consistent with fraudulent activity (such as an invalid phone number or fictitious billing address); 5. Social security number presented that is the same as one given by another customer; 6. An address or phone number presented that is the same as that of another person; 7. A person fails to provide complete personal identifying information on an application when reminded to do so (however, by law social security numbers must not be required); and 8. A person's identifying information is not consistent with the information that is on file for the customer. D. Suspicious Account Activity or Unusual Use of Account Red Flags 1. Change of address for an account followed by a request to change the account holder's name; 2. Payments stop on an otherwise consistently up-to-date account; 3. Account used in a way that is not consistent with prior use (example: very high activity); 4. Mail sent to the account holder is repeatedly returned as undeliverable; 5. Notice to the Utility that a customer is not receiving mail sent by the Utility; 6. Notice to the Utility that an account has unauthorized activity; 7. Breach in the Utility's computer system security; and 8. Unauthorized access to or use of customer account information. E. Alerts from Others Red Flag 1. Notice to the Utility from a customer, identity theft victim, law enforcement or other person that it has opened or is maintaining a fraudulent account for a person engaged in Identity Theft. 4 IV. DETECTING RED FLAGS. A. New Accounts In order to detect any of the Red Flags identified above associated with the opening of a new account, Utility personnel will take the following steps to obtain and verify the identity of the person opening the account: Detect 1. Require certain identifying information such as name, date of birth, residential or business address, principal place of business for an entity, driver's license or other identification; 2. Verify the customer's identity (for instance, review a driver's license or other identification card); 3. Review documentation showing the existence of a business entity; and 4. Independently contact the customer. B. Existing Accounts In order to detect any of the Red Flags identified above for an existing account, Utility personnel will take the following steps to monitor transactions with an account: Detect 1. Verify the identification of customers if they request information (in person, via telephone, via facsimile, via email); 2. Verify the validity of requests to change billing addresses; and 3. Verify changes in banking information given for billing and payment purposes. V. PREVENTING AND MITIGATING IDENTITY THEFT In the event Utility personnel detect any identified Red Flags, such personnel shall take one or more of the following steps, depending on the degree of risk posed by the Red Flag: Prevent and Mitigate 1. Continue to monitor an account for evidence of Identity Theft; 2. Contact the customer; 3. Change any passwords or other security devices that permit access to accounts; 5 4. Not open a new account; 5. Close an existing account; 6. Reopen an account with a new number; 7. Notify the Program Administrator for determination of the appropriate step(s) to take; 8. Notify law enforcement; or 9. Determine that no response is warranted under the particular circumstances. Protect customer identifying information In order to further prevent the likelihood of Identity Theft occurring with respect to Utility accounts, the Utility will take the following steps with respect to its internal operating procedures to protect customer identifying information: 1. Ensure that its website is secure or provide clear notice that the website is not secure; 2. Ensure complete and secure destruction of paper documents and computer files containing customer information; 3. Ensure that office computers are password protected and that computer screens lock after a set period of time; 4. Keep offices clear of papers containing customer information; 5. Request only the last 4 digits of social security numbers (if any); 6. Ensure computer virus protection is up to date; and 7. Require and keep only the kinds of customer information that are necessary for utility purposes. VI. PROGRAM UPDATES The Program Administrator will periodically review and update this Program to reflect changes in risks to customers and the soundness of the Utility from Identity Theft. In doing so, the Program Administrator will consider the Utility's experiences with Identity Theft situations, changes in Identity Theft methods, changes in Identity Theft detection and prevention methods, and changes in the Utility's business arrangements with other entities. After considering these factors, the Program Administrator will determine whether changes to the Program, including the listing of Red Flags, are warranted. If warranted, the Program Administrator will update the Program or present the Town Council with his or her recommended changes and the Town Council will make a determination of whether to accept, modify or reject those changes to the Program. VII. 6 PROGRAM ADMINISTRATION. A. Oversight Responsibility for developing, implementing and updating this Program lies with an Identity Theft Committee for the Utility. The Committee is headed by a Program Administrator who may be the head of the Utility or his or her appointee. Two or more other individuals appointed by the head of the Utility or the Program Administrator comprise the remainder of the committee membership. The Program Administrator will be responsible for the Program administration, for ensuring appropriate training of Utility staff on the Program, for reviewing any staff reports regarding the detection of Red Flags and the steps for preventing and mitigating Identity Theft, determining which steps of prevention and mitigation should be taken in particular circumstances and considering periodic changes to the Program. B. Staff Training and Reports Utility staff responsible for implementing the Program shall be trained either by or under the direction of the Program Administrator in the detection of Red Flags, and the responsive steps to be taken when a Red Flag is detected. Staff will provide reports to the Program Administrator on incidents of Identity Theft, the Utility's compliance with the Program and the effectiveness of the Program. C. Service Provider Arrangements In the event the Utility engages a service provider to perform an activity in connection with one or more accounts, the Utility will take the following steps to ensure the service provider performs its activity in accordance with reasonable policies and procedures designed to detect,prevent, and mitigate the risk of Identity Theft. 1. Require, by contract, that service providers have such policies and procedures in place; and 2. Require, by contract, that service providers review the Utility's Program and report any Red Flags to the Program Administrator. D. Non-disclosure of Specific Practices For the effectiveness of this Identity Theft Prevention Program, knowledge about specific Red Flag identification, detection, mitigation and prevention practices must be limited to the Identity Theft Committee who developed this Program and to those employees with a need to know them. Any documents that may have been produced or are produced in order to develop or implement this program that list or describe such specific practices and the information those documents contain are considered unavailable to the public because disclosure of them would be likely to substantially jeopardized the security of information against improper use, that use being to 7 circumvent the Utility's Identity Theft prevention efforts in order to facilitate the commission of Identity Theft. If a request is received for such information, Town staff will request an opinion from the Texas Attorney General as to whether or not such information is public, citing concerns in regard to identity theft and federal laws requiring prevention of identity theft. H:\Boyle-Lowry\West Lake\wl-opinions\wl-opin FACTA identity theft preven progr.doc 8 Town of Westlake Memo To: Honorable Mayor and Members of the Town Council From: Don Wilson, Director of Public Safety Subject: Regular Meeting of February 23, 2009 Date: February 16, 2009 ITEM Hear the yearly service and activity report for Police Services by Chief Mark Hafner of the Keller Police Department. VISION POINT AND KEY RESULT AREAS This item supports the following Vision Point and Key Result Areas: 0 We are Leaders o High quality services delivery coupled with financial stewardship BACKGROUND As our contracted police service provider, the Keller Police Department provides law enforcement services to the Town as well as emergency 911 communications and dispatching, animal control, and jail services. Annually Chief Mark Hafner with the City of Keller conducts an overview of the contracted police services provided to the Town of Westlake. As in the past, this overview covers calls for services in all categories as indicated in the contract. The general categories include animal control calls, motor vehicle stops, traffic accident investigations, citizen initiated calls for service, building checks, alarm responses, Part 1 Crimes as defined by the Federal Bureau of Investigations, Westlake prisoners booked into the Keller jail, DWI arrests, case reports, traffic citations issued, and Fire/EMS calls dispatched. FUNDING There is no funding impact by this action. RECOMMENDATION No Action Necessary ATTACHMENTS Memorandum from Chief Hafner dated February 02, 2009 Cif of IqLLER POLICE DEPARTMENT February 02,2009 Mayor Laura Wheat and Town Council 3 Village Circle Suite#202 Westlake,TX. 76262 Dear Mayor Wheat and Westlake Town Council, I am pleased to provide the Westlake Service Report for the calendar year ending 2008. As you view the data you can see that our officers were very busy. We stopped over 10,000 vehicles, arrested 349 people for criminal violations, issued 8,014 traffic citations,and removed 45 intoxicated drivers from the roadways in Westlake.Our animal control unit handled 85 calls for service. We investigated 208 motor vehicle collisions and this is the first year since we assumed policing responsibilities that there were no fatality auto collisions. We experienced a large percentage increases in animal control calls and prisoners from Westlake booked into the jail. Most of the prisoners were placed in jail for unpaid traffic citations. Overall calls for service including citizen and officer initiated were up by 5%over last year. When you total the number of calls for service(18,731)and divide it by the price of the police services agreement($760,105)it costs the Town of Westlake$41.00 per call for service. A very efficient cost when you compare it to the$75.00 cost per call for service in Keller. We look forward to delivering the highest quality of police services to your community in 2009. Our partnership has worked out extremely well for both cities. Westlake receives the services of an 82 person Nationally Accredited Police agency fully staffed and equipped to handle all types of incidents for a fraction of the cost. In turn Keller receives additional patrol coverage in the north section of their city and an administrative charge for the program. A true win-win for both communities. As always, I am here for your questions and concerns. Sincerely, Mark R. Hafner Chief of Police cc:Tom Brymer,Westlake Town Manager Dan O'Leary, Keller City Manager 330 RUFF SNOW DR. c, P.O.BOX 770 o KELLER,TEYAS 76244 t (817)743-4500 Fax(£317)743-4590 Weh: http:Mvtyw.kellerpd.com (= nihafher@tkellerpd.com WESTLAKE POLICE SERVICES ANNUAL REPORT 2008 2008 2007 2006 2005 2004 2003 2002 %change from 2007 to 2008 Motor Vehicle Stops 10,357 10,045 8,992 9,586 9,237 9,993 3,968 3% Investigative Motor Vehicle Stops 1,324 1,387 947 938 835 677 288 -5% Miscellaneous Service Calls 433 532 683 646 693 608 301 -19% Traffic Accident Investigations 208 225 164 163 180 91 86 -8% Building Checks 6,217 5,394 4,440 4,628 4,133 2,640 282 15% Alarm Responses 107 142 78 70 80 45 33 -25% Animal Control Calls for Service 85 47 54 47 40 47 27 81% Citizen Initiated Calls for Service 1,220 1,729 1,669 1,867 1,698 1,238 702 -29% Total Calls for Service 18,731 17,772 15,358 16,078 15,198 14,101 4,985 5% Part 1 Crimes 26 25 30 26 19 46 16 4% Traffic Violations on Citations 8,014 8,231 9,300 10,552 9,123 8,818 3,121 -3% Westlake Prisoners Booked-In 349 295 199 252 214 263 118 18% DWI Arrests 45 53 56 86 70 117 55 -15% Case Reports 110 124 144 168 129 234 139 -11% Fire/EMS Calls Dispatched 346 1 386 348 1 310 1 270 1 211 104 -10% 1/22/2009 Chief Mark R.Hafner Keller Police Department Town of Westlake Memo To: Honorable Mayor and Members of the Town Council From: Don Wilson, Director of Public Safety Subject: Regular Meeting of February 23, 2009 Date: February 3, 2009 ITEM Consider a Resolution accepting the Racial Profiling Report as prepared by the Keller Police Department. VISION POINT AND KEY RESULT AREAS This item supports the following Vision Point and Key Result Areas: Q Inviting Residential & Corporate neighborhoods o Sensitivity to neighborhood integrity Q We are Leaders o High quality services delivery coupled with financial stewardships Q Hospitality Finds Its Home in Westlake o Citizen engagement and communication BACKGROUND The State of Texas requires that all law enforcement agencies involved in traffic enforcement submit an annual report to the governing body concerning racial profiling of such enforcement activities. In accordance with Texas Racial Profiling Law (S.B. No. 1074), Keller Police Chief Mark Hafner has provided such report for the Town of Westlake. FUNDING There is no direct funding impact by this agreement on the adopted budget. RECOMMENDATIONS Staff recommends approval. ATTACHMENTS Resolution No. 09-09 Memorandum dated February 2, 2009 from Keller Police Chief Mark Hafner. • Texas Racial Profiling Report TOWN OF WESTLAKE RESOLUTION NO. 09-09 RECOGNIZING THE IMPORTANCE OF COMPLYING WITH TEXAS RACIAL PROFILING LAW (S.B. NUMBER 1074); ACCEPTING THE RACIAL PROFILING REPORT FOR THE TOWN OF WESTLAKE AS PREPARED BY THE CITY OF KELLER POLICE DEPARTMENT, THE TOWN'S CONTRACTING LAW ENFORCEMENT AGENCY; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING A SAVINGS CLAUSE. WHEREAS, Texas Racial Profiling Law (S.B. Number 1074) requires the collecting of law enforcement contact data for the purpose of identifying and responding (if necessary) to the concerns regarding racial profile practices; and WHEREAS, the Texas Racial Profiling Law requires that the jurisdiction's law enforcement agency establishes a policy detailing the methodology for the collection, analysis, and enforcement of said law. In order to comply with the requirements of said law, the law enforcement agency shall report annually the findings associated with the data gathered during the performance of said law enforcement activities. Said report shall be provided in writing to the governing body; and WHEREAS, the Town of Westlake's Racial Profiling Report is provided by the City of Keller Police Department—the contracting law enforcement agency. The report as submitted by the Keller Police Department details the data as required by the law; and WHEREAS, the said report, as submitted by the Keller Police Department, is provided for acceptance by the Town 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 preamble are found to be true and correct and are incorporated herein as if copied in their entirety. SECTION 2. That the Town of Westlake accepts the Racial Profiling Report as submitted (Exhibit 'A ') as a true and accurate report concerning this subject as addressed under the terms of the contract for law enforcement with the City of Keller and its Police Department. SECTION 3. By accepting this report, the Town of Westlake acknowledges compliance with said law. SECTION 4. That this Resolution shall be in force and take effect immediately upon passage. SECTION 5. If any provision of this Resolution shall be held invalid or unconstitutional, then the remainder of such Resolution shall remain in full force and effect as if separately enacted. PASSED AND APPROVED ON THIS 23 DAY OF FEBRUARY 2009. Laura Wheat, Mayor ATTEST: Kim Sutter, TRMC, Town Secretary Thomas E. Brymer, Town Manager APPROVED AS TO FORM: L. Stanton Lowry, Town Attorney i e C@ of WLER POLICE DEPA 'I ENS' February 02, 2009 Mayor Laura Wheat and Town Council 3 Village Circle Suite#202 Westlake, TX. 76262 Dear Mayor Wheat and Westlake Town Council, I am pleased to provide the Westlake Service Report for the calendar year ending 2008. As you view the data you can see that our officers were very busy. We stopped over 10,000 vehicles, arrested 349 people for criminal violations, issued 8,014 traffic citations, and removed 45 intoxicated drivers from the roadways in Westlake. Our animal control unit handled 85 calls for service. We investigated 208 motor vehicle collisions and this is the first year since we assumed policing responsibilities that there were no fatality auto collisions. We experienced a large percentage increases in animal control calls and prisoners from Westlake booked into the jail. Most of the prisoners were placed in jail for unpaid traffic citations. Overall calls for service including citizen and officer initiated were up by 5% over last year. When you total the number of calls for service (18,731) and divide it by the price of the police services agreement ($760,105) it costs the Town of Westlake $41.00 per call for service. A very efficient cost when you compare it to the $75.00 cost per call for service in Keller. We look forward to delivering the highest quality of police services to your community in 2009. Our partnership has worked out extremely well for both cities. Westlake receives the services of an 82 person Nationally Accredited Police agency fully staffed and equipped to handle all types of incidents for a fraction of the cost. In turn Keller receives additional patrol coverage in the north section of their city and an administrative charge for the program. A true win-win for both communities. As always, I am here for your questions and concerns. Sincerely, Mark R. Hafner Chief of Police cc: Tom Brymer, Westlake Town Manager Dan O'Leary, Keller City Manager 330 RUFF SNOW DR. o P.O. BOX 770 o KEL.LER,TEXAS 76244 0 (817)743-4500 Fax(817)743-4590 Web: ht1p://Avww.kellerpd.coiii 0 mhaftler@kellerpd.com WESTLAKE POLICE SERVICES ANNUAL REPORT 2008 2008 2007 2006 2005 2004 2003 2002 %change from 2007 to 2008 Motor Vehicle Stops 10,357 10,045 8,992 9,586 9,237 9,993 3,968 3% Investigative Motor Vehicle Stops 1,324 1,387 947 938 835 677 288 -5% Miscellaneous Service Calls 433 532 683 646 693 608 301 -19% Traffic Accident Investigations 208 225 164 163 180 91 86 -8% Building Checks 6,217 5,394 4,440 4,628 4,133 2,640 282 15% Alarm Responses 107 142 78 70 80 45 33 -25% Animal Control Calls for Service 85 47 54 47 40 47 27 81% Citizen Initiated Calls for Service 1,220 1,729 1,669 1,867 1,698 1,238 702 -29% Total Calls for Service 18,731 17,772 15,358 16,078 15,198 14,101 4,985 5% Part 1 Crimes 26 25 30 26 19 46 16 4% Traffic Violations on Citations 8,014 8,231 9,300 10,552 9,123 8,818 3,121 -3% Westlake Prisoners Booked-In 349 295 199 252 214 263 118 18% DWI Arrests 45 53 56 86 70 117 55 -15% Case Reports 110 124 144 168 129 234 139 -11% Fire/EMS Calls Dispatched 346 386 1 348 1 310 1 270 211 104 -10% 1/22/2009 Chief Mark R. Hafner Keller Police Department City oWLLER POLICE DEPARTMENT February 02, 2009 Mayor Laura Wheat and Town Council 3 Village Circle Suite#202 Westlake, TX. 76262 Dear Mayor Wheat and Westlake Town Council, Since we assumed the responsibility of police services in Westlake, the Keller Police Department in accordance with the Texas Racial Profiling Law (S.B. No. 1074), has been collecting police contact data for the purpose of identifying and responding (if necessary) to concerns regarding racial profiling practices. It is my hope that the findings provided in this report will serve as evidence that the Keller Police Department continues to strive towards the goal of maintaining strong relations with the community and strongly prohibits racial profiling. In this report, you will find sections designed at providing background information on the requirements of the Texas Racial Profiling Law. The information is relevant to the institutional policies adopted by the Keller Police Department to prevent the practice of racial profiling among its officers. The final components of this report provide statistical data relevant to the public contacts made during the period of 1/1/08 through 12/31/08 within the Town of Westlake. This information has been analyzed and compared to various census data within the Dallas/Fort Worth Metroplex. The analysis of the data is included. It is my goal to continue to be responsive to the community by implementing and monitoring the proper policies and safeguards to prevent racial profiling practices. As always, I am here for your questions and concerns. Sincerely, M,IW- A- � Mark R. Hafner Chief of Police cc:.Tom Brymer, Town Manager 330 RUFF,SNOW DR. P.O. BOX 770 o KELLER,TEXAS 76244 a (817)743-4500 Fax(817)743-4590 Web: http://www.kellerpd.cot-n info@kellerpd.cott POLICY ADOPTION Senate Bill 1074 passed by the 77th Legislature of the State of Texas requires that as of January 1, 2002, each law enforcement agency in this state shall adopt a detailed written policy on racial profiling. The policy must strictly prohibit peace officers from engaging in racial profiling. Furthermore, the policy must outline a process for individuals to file a complaint regarding racial profiling. The policy must also provide public education on the agency's complaint process and require corrective action to be taken against officers in violation of this policy. Lastly, the policy requires law enforcement agencies to collect and report data relating to traffic stops. On August 27, 2001, the Keller Police Department implemented policy to comply with the law. The policy was re-written to comply with CALEA National Accreditation Standards on 9/26/2003. The policy contained the following elements: ❑ A definition that clearly describes the act of Racial Profiling. ❑ A statement that strictly prohibits officers from engaging in Racial Profiling. ❑ The implementation of a process by which an individual may file a complaint regarding racial profiling violations. ❑ Provide public education related to the complaint process. ❑ The implementation of disciplinary guidelines for officers found in violation of the policy. ❑ Adopted a policy on standards for retaining and reviewing video and audio documentation of motor vehicle and pedestrian stops. ❑ Procedures to collect data on persons who received traffic citations to include, race, whether a search was conducted, if so was it by consent, and was a custody arrest performed. Each peace officer employed by the City of Keller completed the comprehensive education and training program on racial profiling established by the Texas Commission on Law Enforcement Officer Standards and Education. The Chief of Police completed the program on racial profiling established by the Bill Blackwood Law Enforcement Management Institute of Texas. The Chief of Police also addresses all employees yearly on the topic and how the practice would violate our mission statement of providing excellent value-driven police services. Furthermore, the practice will not be tolerated and any officer found in violation of the policy would be disciplined accordingly. The supervisors were instructed on how to receive complaints of racial profiling from the public. Lastly, the public education component was met by placing the complaint procedure on our web site that is linked to the Westlake web site and in a brochure available at the front counter of the police department, the Municipal Court in Westlake and in the field with our officers. i i DATA COLLECTION Because the Keller Police Department utilizes video and audio recording equipment in j all of the cars assigned to patrol and traffic duty and on our motorcycle traffic units, the law only requires us to collect racial profiling data on traffic stops where we issued citations or make an arrest resulting from the traffic stop. j The officers make the necessary notations on the citations as to the race of the individual using the state mandated categories: White, Hispanic, Asian, Native American, African, and Other (not on the list or officer can't determine). The officer also makes the notation if a search was conducted and if so was it based on consent and if the violator was taken into custody. To allow for proper auditing and control procedures, employees of the Westlake Municipal Court (non-police department personnel) enter the data into a computer database and provide a report to the Chief of Police on a monthly basis. DATA ANALYSIS AND DISSEMINATION Each month the Chief of Police receives the report from the Westlake Municipal Court and enters it on a spread sheet looking to see if the data shows any trends of issuing citations, searching vehicles, and taking persons into custody at a rate that over represents any race category. The law does not provide a comparative baseline that must be used. The baseline used by this department includes the 2000 census data (Race by Percentage of Population), vehicle availability data by race in the 2000 census, and 2009 Data for Licensed Drivers by Race furnished by the Texas Department of Public Safety. Comparative Analysis Table 1. Comparison of total citations issued by the Keller Police Department in the Town of Westlake and 2000 Census Data for Tarrant County, Denton County and DFW Region for the calendar year 2008. Race Percentage of 2000 Census 2000 Census 2000 Census total citations Data by Race Data by Race Data by Race issued by the for DFW for Tarrant for Denton Keller Police Dept Region County County in the Town of Westlake. White 76.40% 69.70% 71.20% 81.70% Black 9.46% 13.60% 12.80% 5.80% Indian 0.04% .60% .60% .70% Asian 2.08% 3.70% 3.60% 4.00% Hispanic 11.04% 21.40% 19.70% 12.09% Other 0.98% 9.90% 9.10% 5.53% li �I Table 2. Comparison of citations issued by the Keller Police Department in the Town of Westlake and 2000 Census Data of vehicles available to household by race for the calendar year 2008. Percentage 2000 Census 2000 Census of Citations Percentage of Percentage of Race issued by the vehicles by vehicles by Keller Police Race available Race available Dept. in the to Tarrant to Denton Town of County County Westlake Residents Residents White 76.40% 70.17% 80.84% Black 9.46% 11.67% 5.58% Hispanic 11.04% 13.51% 12.09% Asian 2.08% 2.79% 3.18% Table 3. Comparison of total citations by year issued by the Keller Police in the Town of Westlake in 2008 and 2007 and 2000 Census Data for Tarrant County and DFW Region. Race Percentage of Percentage of 2000 Census 2000 Census 2000 Census total citations total citations Data by Race Data by Race Data by Race issued by the issued by the for DFW for Tarrant for Denton Keller Police Keller Police Region County County Dept in the Dept in the Town of Town of Westlake 2008 Westlake 2007 White 76.40% 76.22% 69.70% 71.20% 81.70% Black 9.46% 9.31% 13.60% 12.80% 5.80% Indian 0.04% 0.02% .60% .60% .70% Asian 2.08% 2.14% 3.70% 3.60% 4.00% Hispanic 11.04% 10.07% 21.40% 19.70% 12.09% Other 0.98% 2.24% 9.90% 9.10% 5.53% i, Table 4. Comparison of citations issued by the Keller Police Department to drivers with a 76262 Zip Code and 2009 Data of Licensed Drivers by race with j Zip Code 76262. I Race Percentage of 2009 Data for total citations Licensed issued by the Drivers with Keller Police Zip Code Dept. to drivers 76262 with Zip Code 76262 White and 95.28% 94.00% Hispanic Black 2.89% 2.75% Indian 0.00% 0.22% I Asian 1.18% 2.28% Other 0.66% 0.82% CONCLUSION Upon reviewing and comparing the data on a monthly basis and collectively for the period 1/1/2008 through 12/31/2008, no significant over representation of issuing citations to any particular race is readily apparent. The issuing of citations appears to be consistent with the current racial demographics for the Dallas/Ft. Worth Metroplex. The bulk of the citations issued within Westlake were on Highway 114, a heavily traveled thoroughfare that links Dallas, Tarrant, and Denton Counties. Upon checking our complaint files for 2008, there were no complaints in Westlake by persons believing they were stopped solely due to their race. The previous year we also had none. RECOMMENDATIONS Based on the findings in this report, the Keller Police Department will adopt the following measures aimed at preventing potential racial profiling practices in the future: • Continue to emphasize the prohibition of racial profiling as outlined in General Order 100.3 of the Keller Police Department General Orders. i i • Annually, all sworn personnel will receive training in bias based profiling issues including field contacts, traffic stops, search issues, asset seizure, interview techniques, cultural diversity, discrimination, and community support. • Continue to collect the citation data as required under the law on a monthly basis looking for any abnormal trends. • Share with the officers the traffic citation data on a regular basis and commend them for a enforcing the law without racial biases. • Continue to equip the marked patrol units with video and audio systems and have the supervisors randomly review the tapes of the individual officers. • Continue to share and educate the public on the topic of racial profiling. • Continue to foster an environment that maintains the trust of the community that the organization will investigate all allegations of police misconduct in a fair and impartial manner. • Continue our commitment to remain a Nationally Accredited Police Agency that will improve our policies and operations and therefore make us more responsive to the community we serve. Town of Westlake Item # 7 — Future Agenda Items 7. FUTURE AGENDA ITEMS: Any Council member may request at a workshop and / or Council meeting, under "Future Agenda Item Requests", an agenda item for a future Council meeting. The Council Member making the request will contact the Town Manager with the requested item and the Town Manager will list it on the agenda. At the meeting, the requesting Council Member will explain the item, the need for Council discussion of the item, the item's relationship to the Council's strategic priorities, and the amount of estimated staff time necessary to prepare for Council discussion. If the requesting Council Member receives a second, the Town Manager will place the item on the Council agenda calendar allowing for adequate time for staff preparation on the agenda item. - None Council Planning Calendar Items not scheduled for a specific meeting are listed here (require discussi Date Contact Description Format 5/23/08 J. Greenwood Southlake Waterline Proposal Workshop 5/30/08 T. Meyer Cemetery Rules and Regulations Workshop 7/29/08 T. Meyer Park and Rec. Adv. Board Workshop 1/2/09 J. Greenwood Report on Recycling Program Update Mar. 9, 2009, Meeting (submittal deadline Feb. 26) 7 p.m. Date Contact Description Format 11/12/08 T. Brymer "Green Initiative" Mike Conduff Workshop 1/13/09 T. Brymer Deloitte Status Presentation Workshop 12/9/08 J. Greenwood FM 1938 Streetscape concepts presentation Workshop 2/9/09 K. Sutter Call and Order Local Option Election for May 2009 Meeting 2/11/09 J. Greenwood On-Line bill pay Workshop 1/5/09 A DeGan Municipal Court Credit Card Contract Amendment (consent) Meeting Mar. 23, 2009, Meeting (submittal deadline Mar. 12) 7 p.m. Date Contact Description Format 1/13/09 T. Brymer Presentation of Direction Finder Survey Results Workshop 1/26/09 D. Wilson Cell phone restriction Workshop 11/13/08 K. Sutter Approve election contract with Tarrant County Meeting 12/15/08 D. Piper Hear and Accept Town's Annual Audit Report Meeting 2/16/09 T. Wood Personnel Manual Amendments Meeting April 13, 2009, Meeting (submittal deadline April 2) 7 p.m. Date Contact Description Format April 27, 2009, Meeting (submittal deadline April 16) 7 p.m. Date Contact Description Format February • March 2009 April 2009 S M T W Th F Sa S M T W Th F Sa S M T W Th F Sa j 2 3 4 5 6 7 1 2 3 4 5 6 7 1 2 3 4 10 11 12 13 14 8 10 11 12 13 14 6 7 8 9 10 16 17 18 19 20 21 15 16 17 18 19 20 21 11 12 13 14 15 16 17 24 25 26 27 28 22 24 25 26 27 28 18 20 21 22 23 24 29 30 31 25 26 27 28 29 30 Town of Westlake Item # 8 — Council Calendar 8. COUNCIL CALENDAR. - Candidate Filing Period for Town Council o February 7 through March 9, 2009, 5 p.m. - Texas Student Housing Authority Meeting o Tues., February 24, 2009, 5:30 p.m. - General Election Day o May 9, 2009 - Decoration Day o Monday, May 25,2009, I.O.O.F. Cemetery Town of Westlake Item # 9 — Executive Session 9. EXECUTIVE SESSION The Council will conduct a closed session under Texas Government Code for the following: a. Pursuant to Section 551.074(a)(1) of the Texas Government Code to deliberate the evaluation and duties of public officers: The Town Manager Town of Westlake Item # 10 — Reconvene Meeting Town of Westlake Item # 11 — Take any necessary action from Executive Session, if necessary Town of Westlake Item # 12 — Adjournment Back up material has not been provided for this item.