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Home My WebLink About09-21-09 TC Agenda PacketThe Regular Meeting of the Town of Westlake Town Council will begin immediately following the conclusion of the Town Council Workshop but not prior to the 7:00 p.m. posted start time. Page 1 of 4 Mission Statement TOWN OF WESTLAKE, TEXAS On behalf 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 MEETING AGENDA September 21, 2009 WESTLAKE TOWN HALL 3 VILLAGE CIRCLE, 2ND FLOOR COUNCIL CHAMBERS / MUNICIPAL COURT ROOM Workshop Session 4:30 p.m. Regular Session 7:00 p.m. 1. CALL TO ORDER 2. DISCUSS AND REVIEW OF CONSENT AGENDA ITEMS FROM SEPTEMBER 21, 2009, COUNCIL REGULAR MEETING AGENDA. 3. DISCUSSION OF THE TOWN STRATEGIC PLAN RELATED TO FINANCIAL SUSTAINABILITY AND THE PROPOSED BUDGET FOR FISCAL YEAR OCTOBER 1, 2009 THROUGH SEPTEMBER 30, 2010. 4. PRESENTATION AND DISCUSSION REGARDING WESTLAKE’S TRAIL SYSTEM. Page 2 of 4 5. 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 6. ADJOURNMENT Regular Session 1. 2. CALL TO ORDER 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. PLEDGE OF ALLEGIANCE 4. CONSENT AGENDA: All items listed below are considered routine by the Town Council and will be enacted with one motion. There will be no separate discussion of items unless a Council Member or citizen so requests, in which event the item will be removed from the general order of business and considered in its normal sequence. a. Review and approve minutes of the Town Council Workshop and Regular meeting held on August 31, 2009. b. Consideration of a Resolution authorizing a one year maintenance agreement with Garden Design to provide Landscaping maintenance for the Sam & Margaret Lee Arts and Sciences Center. c. Consideration of an Ordinance amending Chapter 42, Article II Floodplain, Sections 42-31 through 42-41; amending the Floodplain Ordinance to adopt the revised Flood Insurance Rate Maps and Flood Insurance Study. Page 3 of 4 d. Consideration of a plat amendment to the Cowgirl Ranch Estates plat. Being the five (5) residential lots located on the south side of Dove road just east of Randol Mill Road. 5. PRESENT PROCLAMATION IN RECOGNITION OF ARBOR DAY. 6. CONSIDERATION OF A RESOLUTION ADOPTING THE REVISED BUDGET FOR THE TOWN OF WESTLAKE FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2009, AND ADOPTING THE PROPOSED BUDGET FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2010. 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 - Town of Westlake Arbor Day Celebration o September 26, 2009, 4 p.m., Glenwyck Farms Park - Town Council Workshop and Regular meeting o October 5, 2009 - Texas Municipal League Annual Conference (Fort Worth) o October 20-23, 2009 - Town Council Workshop and Regular meeting o October 26, 2009 - Town Council Workshop and Regular meeting o November 9, 2009 - Vaquero Baja (fundraiser for the Academy) o November 16, 2009, 3:30 p.m. - Westlake Tree Lighting - TBD o December 3, 2009 - Town Council Workshop and Regular meeting o December 14, 2009 Page 4 of 4 9. 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. I certify that the above notice was posted at the Town Hall of the Town of Westlake, 3 Village Circle, by Thursday, September 17, 2009, by 5:00 p.m. under the Open Meetings Act, Chapter 551 of the Texas Government Code. CERTIFICATION _____________________________________ Kelly Edwards, 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. CONSENT AGENDA: All items listed below are considered routine by the Town Council and will be enacted with one motion. There will be no separate discussion of items unless a Council Member or citizen so requests, in which event the item will be removed from the general order of business and considered in its normal sequence. a. Review and approve minutes of the Town Council Workshop and Regular meeting held on August 31, 2009. b. Consideration of a Resolution authorizing a one year maintenance agreement with Garden Design to provide Landscaping maintenance for the Sam & Margaret Lee Arts and Sciences Center. c. Consideration of an Ordinance amending Chapter 42, Article II Floodplain, Sections 42-31 through 42-41; amending the Floodplain Ordinance to adopt the revised Flood Insurance Rate Maps and Flood Insurance Study. d. Consideration of a plat amendment to the Cowgirl Ranch Estates plat. Being the five (5) residential lots located on the south side of Dove road just east of Randol Mill Road. Town of Westlake Item # 2 – Review of Consent Agenda Items 1 Memo Town of Westlake To: Honorable Mayor and Members of the Town Council From: Tom Brymer, Town Manager Subject: Workshop Meeting of September 21, 2009 Date: September 15, 2009 ITEM Discussion of the Town Strategic Plan Related to Financial Sustainability and the Proposed Budget for Fiscal Year October 1, 2009 through September 30, 2010. This item supports the following Vision Point and Key Result Areas: VISION POINT AND KEY RESULT AREAS  Inviting Residential & Corporate neighborhoods o On-going comprehensive planning o Sensitivity to neighborhood integrity o Outstanding community appearance o Highest quality development and aesthetic standards o Open space preservation  We are Leaders o Premier educational facilities and programs o Producing well educated future leaders and thinkers o Business partnerships with Westlake Academy o Environmental stewardship initiatives o High quality services delivery coupled with financial stewardship o Infrastructure maintenance and planning  Hospitality Finds its Home in Westlake o Citizen engagement and communication o Historic Preservation o Tourism development Staff presented and reviewed this proposed budget at the Council’s August 31 BACKGROUND st workshop to seek Council input, direction, guidance on this important policy setting and implementation document for the upcoming fiscal year. In the Town’s Council adopted Strategic Plan, a Key Result Area identified under the Vision Point of “We are Leaders” is High Quality Service Delivery Coupled with Financial Stewardship. An outcome strategy identified under this Key Result Area is “Establish a strategy for achieving long-term financial sustainability for the Town government, including Westlake Academy”. Part of the presentation by staff at this workshop will be to begin discussing a framework that will help fashion this strategy. The State required public hearing regarding the FY 09/10 proposed budget was held at the August 31, 2009 regular Council meeting with no comments from the citizens. 2 To alleviate bringing all contracts, e.g. annual maintenance, copier, etc. to the Council for approval, staff is recommending the Town Manager be authorized to approve any appropriated funds up to the amount of $25,000. FUNDING N/A : Staff recommends that the Council review and provide direction at this workshop regarding any changes they wish to make to this proposed budget. RECOMMENDATION ATTACHMENTS 1. FY 09/10 Proposed Budget provided under separate cover on August 29, 2009. : 2. Excerpt from Town Strategic Plan concerning a strategy for financial sustainability 1 Note: this is an excerpt from the Town’s adopted Strategic Plan HIGH QUALITY SERVICES DELIVERY COUPLED WITH FINANCIAL STEWARDSHIP Research available revenue resources to offset the cost of providing services; continue to provide outstanding government administrative support services while working within the municipal budget. Outcome Measure: Implementation of at least one new demand driven revenue source per year, over the next five years. Outcome Strategies: 1. Establish a strategy for achieving long-term financial sustainability for the Town government, including Westlake Academy — Mid-Range Goal. Team Leader: Tom Brymer Objective 1.1: Review 2009 Direction Finders results with Council. Estimated Completion Date: Summer, 2009 Objective 1.2: Review 2009 Westlake Academy Parent Survey with Council. Estimated Completion Date: Summer, 2009 Objective 1.3: Review Town Capital Improvement Plan, municipal 5-year financial forecast, and Academy financial forecast during proposed 09/10 budget deliberations. Estimated Completion Date: Summer, 2009 Objective 1.4: Research and compile report regarding municipally owned and operated charter schools and their organizational structure. Estimated Completion Date: Fall, 2009 Objective 1.5: Council to review long-range financial forecast, Academy cost structure components, staff to identify options and strategies to address financial issues and their timing. Estimated Completion Date: Spring, 2010 Objective 1.6: Council to prioritize service options and provide staff direction on future budgeting and resource allocation. Estimated Completion Date: Spring, 2010 2. Review and discuss growth related policies — Short-Range Goals. Team Co-Leaders: Tom Brymer / Todd Wood / Debbie Piper A. Council discussion of ”Growth pays for growth” approach to financial stewardship and policy making. Objective 2.1: Identify sources of Town expenditures related to service delivery which are not currently offset by fee collection. Analyze identified expenditures, from the standpoint of current impact and future expansion to ensure quality service delivery. Estimated Completion Date: Fall, 2010 Objective 2.2: Identify actual or potential costs incurred by the Town. Estimated Completion Date: Fall, 2010 Objective 2.3: Survey other communities to benchmark costs for newly proposed fees and 2 amendments of existing fees. Estimated Completion Date: Fall, 2010 B. Impact Fees Objective .4: Discuss and receive Council direction on impact fee feasibility study. Estimated Completion Date: Spring, 2010 Objective 2.5: Prepare proposal of utility impact fee analysis and feasibility report. Estimated Completion Date: Fall, 2010 Objective 2.6: Review impact fee recommendations and consider fee adoption. Estimated Completion Date: Summer, 2011 C. Park Land Dedication and Development Fee Objective 2.7: Discuss and receive Council direction on park land dedication and development fee implementation. Estimated Completion Date: Spring, 2010 Objective 2.8: Prepare proposal of park land dedication and development fee analysis and feasibility report. Estimated Completion Date: Fall, 2010 3. Explore public safety service delivery options and funding — Short-Range Goal. Team Co-Leaders: Tom Brymer / DPS Lieutenants Objective 3.1: Research available options to deliver and fund public safety programs. Estimated Completion Date: Spring, 2010 Objective 3.2: Present options and recommendations to Council. Estimated Completion Date: Summer, 2010 4. Enhance the effectiveness of service delivery via intergovernmental partnerships — Mid-Range and On-going Goals. Team Leader: Tom Brymer Objective 4.1: Council discussion of the use of inter-local agreements as a means to pursue various types of intergovernmental partnership opportunities with area municipalities. Expected Completion Date: Winter, 2009 Objective 4.2: Share a draft of a memorandum of understanding and/or inter-local agreement with municipalities surrounding Westlake to determine the interest level of such partnerships. Estimated Completion Date: Spring, 2010 Objective 4.3: Pursue dialogue and discussion at both the staff and Council level with cities that have expressed an interest in pursuing identified opportunities of mutual interest. Estimated Completion Date: On-going Memo Town of Westlake To: Honorable Mayor and Members of the Town Council From: Troy J. Meyer Director of Facilities and Recreation Subject: Workshop Meeting of September 21, 2009 Date: September 16, 2009 Presentation and discussion regarding Westlake’s trail system. ITEM This item supports the following Vision Point and Key Result Areas: VISION POINT AND KEY RESULT AREAS  We are Leaders o On-going Comprehensive Planning o Outstanding Community Appearance o Open Space Preservation The park, trail and recreation program received an I-S rating of three (3) after Westlake Academy and public safety. The Town’s current conceptual open space was adopted by the Town Council in March 1999. To ensure we are meeting the needs of the town residents and new commercial and residential development, the conceptual open space plan needs to be reviewed and updated to meet future and current growth in Westlake. BACKGROUND Input from Town residents, Hillwood, Maguire Partners and surrounding communities will be key to the success of the new plan. The 2009-2010 Proposed Budget includes $25,000 to update the following areas: • Trails & open spaces • Roadway plan • Facilities needs plan Funding for this the RFP is included in the Proposed 2009 -2010 Budget. FUNDING Staff recommends solicitation of an RFP for trails/open spaces, roadways and facilities plans. RECOMMENDATION Current conceptual open space plan ATTACHMENTS: 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 Town of Westlake Item #5 - Future Workshop Agenda Items Town of Westlake Item # 6 – Workshop Adjournment Back up material has not been provided for this item. 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 – Citizen’s 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. CONSENT AGENDA: All items listed below are considered routine by the Town Council and will be enacted with one motion. There will be no separate discussion of items unless a Council Member or citizen so requests, in which event the item will be removed from the general order of business and considered in its normal sequence. a. Review and approve minutes of the Town Council Workshop and Regular meeting held on August 31, 2009. b. Consideration of a Resolution authorizing a one year maintenance agreement with Garden Design to provide Landscaping maintenance for the Sam & Margaret Lee Arts and Sciences Center. c. Consideration of an Ordinance amending Chapter 42, Article II Floodplain, Sections 42-31 through 42-41; amending the Floodplain Ordinance to adopt the revised Flood Insurance Rate Maps and Flood Insurance Study. d. Consideration of a plat amendment to the Cowgirl Ranch Estates plat. Being the five (5) residential lots located on the south side of Dove road just east of Randol Mill Road. Town of Westlake Item # 4 - Consent Agenda Items MINUTES OF THE TOWN OF WESTLAKE, TEXAS TOWN COUNCIL WORKSHOP August 31, 2009 PRESENT: Mayor Laura Wheat and Council Members Larry Corson, Carol Langdon, Rick Rennhack, and Rebecca Rollins. ABSENT: Council Member Tim Brittan. OTHERS PRESENT: Town Manager Thomas Brymer, Town Attorney Stan Lowry, Town Secretary Kelly Edwards, Finance Director Debbie Piper, Public Works Superintendent Jarrod Greenwood, Director of Human Resources and Administrative Services Todd Wood, Court Administrator Amanda DeGan, Assistant to the Town Manager Ginger Awtry, Lt. Richard Whitten, Management Intern Ben Nibarger, and Planning and Development Director Eddie Edwards. 1. CALL TO ORDER. Mayor Wheat called the workshop to order at 5:01 p.m. 2. DISCUSS AND REVIEW OF CONSENT AGENDA ITEMS FROM AUGUST 31, 2009, COUNCIL REGULAR MEETING AGENDA. Mayor Wheat introduced the item and opened the floor for questions related to the consent agenda items from the August 31, 2009, regular meeting. Council Member Corson inquired August 31, 2009, regarding Mr. Sizemore’s comments if the wording should be would or could. The Council agreed that the wording should be changed to “would be provided.” Town of Westlake Town Council Page 2 of 3 Workshop Minutes August 31, 2009 3. PRESENTATION AND DISCUSSION OF THE PROPOSED BUDGET FOR FISCAL YEAR OCTOBER 1, 2009 THROUGH SEPTEMBER 30, 2010. Town Manager Brymer addressed the Council regarding the item providing a breakdown of all funds and explained how the revenue stream has trended and all fund balances are decreasing with a presentation. He stated Capital improvements such as streets have been push back one year with exception to the Water Well at the Academy. Tom Brymer reviewed the Fiscal Year 2008/2009 accomplishments. Mayor Wheat acknowledged and thanked all the effort and sacrifices made for those accomplishments. Town Manager Brymer recommended Service Level Agreements related to implementation of the Strategic Plan should be approved by the council amending the budget as necessary. Council members asked several additional question regarding Sales tax and a trend analysis, current TRA rates, the increase of TRA rates, one time impact fees, costs per student, the form venue that would engage citizens understanding of funding issues, establishing an Academy fund for debt services to be transparent so you could see the transfer of monies from the Town to the Academy, and if the Town and Academy budgets could be joined as one budget. Town Manager Brymer acknowledged Debbie and Jayme’s efforts and long hours and also the Leadership Team members. Town Manager Brymer advised the Council that the Fiscal Year 2009-2010 could be reviewed again at the workshop meeting on September 21, 2009. Additionally, the Council will also consider adoption of the budget at the September 21, 2009, regular meeting. Mayor Wheat asked the analysis requested be prepared for the September workshop meeting. Town of Westlake Town Council Page 3 of 3 Workshop Minutes August 31, 2009 4. 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 No items were presented for consideration. 5. ADJOURNMENT. There being no further business, Mayor Wheat adjourned the workshop at 6:19 p.m. APPROVED BY THE TOWN COUNCIL ON SEPTEMBER 21, 2009. _______________________________ Laura Wheat, Mayor ATTEST: __________________________________ Kelly Edwards, TRMC, Town Secretary MINUTES OF THE TOWN OF WESTLAKE, TEXAS TOWN COUNCIL REGULAR MEETING August 31, 2009 PRESENT: Mayor Laura Wheat and Council Members Larry Corson, Carol Langdon, Rick Rennhack, and Rebecca Rollins. ABSENT: Council Member Tim Brittan. OTHERS PRESENT: Town Manager Tom Brymer, Town Attorney Stan Lowry, Town Secretary Kelly Edwards, Public Works Superintendent Jarrod Greenwood, Facilities and Recreation Director Troy Meyer, Finance Director Debbie Piper, Court Administrator Amanda DeGan, Assistant to the Town Manager Ginger Awtry, Lt. Richard Whitten, and Planning and Development Director Eddie Edwards. 1. CALL TO ORDER. Mayor Wheat called the meeting to order at 7:22 p.m. 2. PLEDGE OF ALLEGIANCE. Mayor Wheat led the pledge of allegiance to the United States and Texas flags. 3. CITIZEN PRESENTATIONS. There was no one present wishing to address the Council. 4. CONSENT AGENDA. Mayor Wheat introduced the consent agenda and asked for a motion. a. Review and approve minutes of the Town Council Workshop and Regular meeting held on August 10, 2009. Town of Westlake Town Council Page 2 of 3 Regular Meeting Minutes August 31, 2009 MOTION: Council Member Corson made a motion to approve the consent agenda as amended during the workshop. Council Member Rick Rennhack seconded the motion. The motion carried by a vote of 4-0. 5. CONDUCT A PUBLIC HEARING REGARDING THE TOWN OF WESTLAKE PROPOSED FY 2009-2010 BUDGET FOR THE PERIOD BEGINNING OCTOBER 1, 2009 THROUGH SEPTEMBER 30, 2010. Town Manager Brymer provided a presentation summarizing the Fiscal Year 2009-2010 Budget. Mayor Wheat opened the public hearing at this time. No one requesting to speak, Mayor Wheat closed the public hearing. Mayor Wheat stated that this item would be discussed during the September 21st workshop. Council Member Rennhack thanked Facilities and Recreation Director Troy Meyer for his efforts with the Arts and Sciences building project. 6. CONSIDER A RESOLUTION APPOINTING CATHY LEE TO THE WESTLAKE ACADEMY FOUNDATION. MOTION: Council Member Rennhack made a motion to adopt Resolution No. 09-44 amending appointing Cathy Lee to the Westlake Academy Foundation. Council Member Larson seconded the motion. The motion carried by a vote of 4-0. 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. There were no items presented for consideration. Town of Westlake Town Council Page 3 of 3 Regular Meeting Minutes August 31, 2009 8. COUNCIL CALENDAR. - Town Council Workshop and Regular meeting o September 21, 2009 - Town of Westlake Arbor Day Celebration o September 26, 2009, 4 p.m., Glenwyck Farms Park - Town Council Workshop and Regular meeting o October 5, 2009 - Texas Municipal League Annual Conference (Fort Worth) o October 20-23, 2009 - Town Council Workshop and Regular meeting o October 26, 2009 - Town Council Workshop and Regular meeting o November 9, 2009 - Vaquero Baja (fundraiser for the Academy) o November 16, 2009, 3:30 p.m. - Town Council Workshop and Regular meeting December 14, 2009 Council discussion with Troy regarding the planning of Arbor Day. 9. ADJOURNMENT. There being no further business before the Council, Mayor Wheat asked for a motion to adjourn the meeting. MOTION: Council Member Corson made a motion to adjourn the meeting. Council Member Rennhack seconded the motion. The motion carried by a vote of 4-0. Mayor Wheat adjourned the meeting at 7:29 p.m. APPROVED BY THE TOWN COUNCIL ON SEPTEMBER 21, 2009. __________________________________________ Laura Wheat, Mayor ATTEST: _________________________________ Kelly Edwards, TRMC, Town Secretary Memo Town of Westlake To: Honorable Mayor and Members of the Town Council From: Troy Meyer, Facilities and Recreation Director Subject: Regular Meeting of September 21, 2009 Date: September 10, 2009 Consideration of a Resolution authorizing a one year maintenance agreement with Garden Design to provide Landscaping maintenance for the Sam & Margaret Lee Arts and Sciences Center. ITEM This item supports the following Vision Point and Key Result Areas: VISION POINT AND KEY RESULT AREAS  We are Leaders o Premier educational facilities and programs o Producing well educated future leaders and thinkers o Business partnerships with Westlake Academy Garden Design was selected by Steele & Freeman to install the irrigation system and all landscaping material for the Sam & Margaret Lee Arts and Sciences Center which includes a one year warranty. To ensure there are no issues with the warranty, Garden Design can also provide landscaping maintenance to include mowing, trimming, weeding and weed control with monthly irrigation inspections. The cost of the one year agreement is $8,337.25; $698.10/monthly. This is for the Arts & Sciences Center only- not the entire campus. BACKGROUND Other bids were obtained for this segment of the campus including our current campus landscape provider, Hadden Landscaping, which submitted a bid for $10,070.58. Staff recommends approval RECOMMENDATION Funds for this agreement are included in the proposed FY 2009-10 Town budget with a total budgeted amount of $44,500 for the entire campus. FUNDING Resolution 09 – 47 with contract attached as Exhibit A. ATTACHMENTS TOWN OF WESTLAKE RESOLUTION NO. 09-47 AUTHORIZING AN AGREEMENT WITH GARDEN DESIGN FOR LANDSCAPE MAINTENANCE FOR THE SAM & MARGARET LEE ARTS AND SCIENCES CENTER AT THE WESTLAKE CIVIC CAMPUS AT THE WESTLAKE CIVIC CAMPUS. WHEREAS, the town council finds that the landscape maintenance of the Civic Campus will benefit the public; and WHEREAS, the town council finds that the procedures and requirements set forth in the Texas Local Government Code regarding competitive bidding requirements for the landscape maintenance were appropriately followed; and WHEREAS, the Town Council finds that the contract from Garden Design will provide all necessary labor and material supplies for the maintenance of all landscape areas around the Sam & Margaret Lee Arts and Sciences Center , at the Westlake Civic Campus and is sufficient to meet the public need; and WHEREAS, the Landscaping maintenance costs have been included in the adopted 2009/2010 town budget. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TWON COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1. The above findings are hereby found to be true and correct and are incorporated herein in its entirety. SECTION 2. The Town Council of the Town of Westlake, Texas, hereby approves the contract with Garden Design relating to landscaping maintenance services at the Westlake Civic Campus, attached hereto as Exhibit “A”; and further authorizes the Town Manager to execute this agreement. PASSED AND APPROVED ON THIS 21st DAY OF September 2009. _____________________________ ATTEST: Laura Wheat, Mayor _____________________________ ______________________________ Kelly Edwards, Town Secretary Tom E. Brymer Town Manager APPROVED AS TO FORM: ____________________________ L. Stanton Lowry, Town Attorney Memo Town of Westlake To: Honorable Mayor and Members of the Town Council From: Jarrod Greenwood, Public Works Director Subject: Regular meeting of September 21, 2009 Date: September 9, 2009 Consider amending the Westlake Code of Ordinances Chapter 42, Article II Floodplain, Sections 42-31 through 42-41; amending the Floodplain Ordinance to adopt the revised Flood Insurance Rate Maps and Flood Insurance Study. ITEM This item supports the following Vision Point and Key Result Areas: VISION POINT AND KEY RESULT AREAS  We are Leaders o Infrastructure maintenance and planning BACKGROUND The Federal Emergency Management Agency (FEMA) routinely conducts a nationwide flood insurance study that generates flood map revisions to their Flood Insurance Rate Maps (FIRM). FEMA provides the maps for communities to enforce the Flood ordinance in an effort to mitigate flood losses to life and property. Changes are necessary to the FIRMs in order to increase or decrease the amount of area within the floodplains or floodways. Any modification to the FIRMs can have an impact on a property owner’s insurance requirements and costs. During the past year, staff provided FEMA with information for the Town of Westlake that was included in the map revisions. While the revised maps do contain changes from the existing maps, the Town engineer’s review did not find them to have an adverse impact on Town residents or property owners. There were no new areas of floodplain that would render property undevelopable. The changes did not increase the floodplain boundaries to include any existing non-floodplain residential or commercial properties. A major emphasis for the new revision is to move away from the traditional paper maps to digital versions that communities can incorporate into their GIS databases creating what will now be referenced as DFIRMs. In addition to the new maps, FEMA has also provided a revised flood ordinance for municipalities to adopt that includes additional definitions, procedures, and guidance for construction that will affect protected areas. No effect on budget. FUNDING Staff recommends approval. RECOMMENDATION Ordinance 631 ATTACHMENTS: Ordinance 631 Page 1 of 15 TOWN OF WESTLAKE ORDINANCE NO. 633 AMENDING THE WESTLAKE CODE OF ORDINANCES CHAPTER 42, ARTICLE II FLOODPLAIN, SECTIONS 42-31 THROUGH 42-41; AMENDING THE FLOODPLAIN ORDINANCE TO ADOPT THE REVISED FLOOD INSURANCES RATE MAPS AND FLOOD INSURANCE STUDY; PROVIDING A PENALTY CLAUSE; PROVIDING A CUMULATIVE CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AUTHORIZING PUBLICATION; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the Town of Westlake recognizes the need to protect citizens from flooding; and WHEREAS, the Town of Westlake’s Town Council finds that the Federal Emergency Management Agency’s revised Flood Insurance Rate Maps and Flood Insurance Study provides the Town an instrument in which to protect its citizens; and WHEREAS, the revised maps and study are crucial to the provision of emergency services; and WHEREAS, The Town of Westlake Town Council desires to amend Ordinance 512 by creating a new “Attachment A”, attached hereto and incorporated herein. NOW, THEREFORE, BE IT ORDAINED 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 Chapter 42, Article II Floodplain, Sections 42-31 through 42-41 of the Town of Westlake Code of Ordinances, as amended, is hereby amended by creating a new Attachment “A” which is attached hereto and incorporated herein. SECTION 3 : That all provisions of Ordinance 512 not hereby amended shall remain in full force and effect. SECTION 4: That any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Code of Ordinances of the Town of Westlake, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 5: It is hereby declared to be the intention of the Town Council of the Town of Westlake, Texas, that sections, paragraphs, clauses and phrases of this Ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared legally invalid or unconstitutional by the valid judgment or decree of any court of Ordinance 631 Page 2 of 15 competent jurisdiction, such legal invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this Ordinance since the same would have been enacted by the Town Council of the Town of Westlake without the incorporation in this Ordinance of any such legally invalid or unconstitutional, phrase, sentence, paragraph or section. SECTION 6: This ordinance shall take effect immediately from and after its passage as the law in such case provides. PASSED AND APPROVED ON THIS 21ST DAY OF SEPTEMBER 2009. _____________________________ ATTEST: Laura Wheat, Mayor ____________________________ ______________________________ Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager APPROVED AS TO FORM: ____________________________ L. Stanton Lowry, Town Attorney Ordinance 631 Page 3 of 15 Attachment “A” ARTICLE II. FLOODPLAIN* __________ *Cross references: Floodplain areas, § 102-64. __________ Sec. 42-31. Statutory Authority, Findings of Fact, and Purpose. (a) Statutory authorization. The Legislature of the State of Texas has in the Flood Control Insurance Act, Texas Water Code, Section 16.315, delegated the responsibility of local governmental units to adopt regulations designed to minimize flood losses. Therefore, the Town Council of the Town of Westlake, Texas does ordain as follows: (b) Findings of fact. (1) The flood hazard areas of the Town of Westlake are subject to periodic inundation, which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, and extraordinary public expenditures for flood protection and relief, all of which adversely affect the public health, safety and general welfare. (2) These flood losses are created by the cumulative effect of obstructions in floodplains which cause an increase in flood heights and velocities, and by the occupancy of flood hazard areas by uses vulnerable to floods and hazardous to other lands because they are inadequately elevated, floodproofed or otherwise protected from flood damage. (c) Statement of purpose. It is the purpose of this ordinance to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed to: (1) Protect human life and health; (2) Minimize expenditure of public money for costly flood control projects; (3) Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; (4) Minimize prolonged business interruptions; (5) Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in floodplains; (6) Help maintain a stable tax base by providing for the sound use and development of flood-prone areas in such a manner as to minimize future flood blight areas; and (7) Ensure that potential buyers are notified that property is in a flood area. Sec. 42-32. Applicability. Ordinance 631 Page 4 of 15 This article applies to all areas of special flood hazard within the Town limits of the Town . Within the Town’s extraterritorial jurisdiction, this article applies only to platting. The Town will not approve a final plat that does not conform to the minimum Federal Emergency Management Agency regulations regarding floodplain management. Sec. 42-33. Methods of reducing flood losses. This article provides for the following, consistent with achieving the purposes set forth in section 42-31: (1) Restrict or prohibit uses that are dangerous to health, safety or property in times of flood, or cause excessive increases in flood heights or velocities; (2) Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction; (3) Control the alteration of natural floodplains, stream channels, and natural protective barriers, which are involved in the accommodation of flood waters; (4) Control filling, grading, dredging and other development which may increase flood damage; (5) Prevent or regulate the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards to other lands; (6) To use any other method reasonably calculated to accomplish the purpose of this article and to promote the public health, safety, and general welfare. Sec. 42-34. Definitions. Unless specifically defined below, words or phrases used in this article shall be given their common meaning and construed to effect a reasonable interpretation of this article. Alluvial flooding means flooding occurring on the surface of an alluvial fan or similar landform which originates at the apex and is characterized by high-velocity flows; active processes of erosion, sediment transport, and deposition; and unpredictable flow paths. Apex means a point on an alluvial fan or similar landform below which the flow path of the major stream that formed the fan becomes unpredictable and alluvial fan flooding can occur. Appurtenant structure means a structure which is on the same parcel of property as the principal structure to be insured and the use of which is incidental to the use of the principal structure Area of future conditions flood hazard means the land area that would be inundated by the 1-percent- annual chance (100 year) flood based on future conditions hydrology. Area of shallow flooding means a designated AO, AH, AR/AO, AR/AH, or VO zone on a community's Flood Insurance Rate Map (FIRM) with a 1 percent or greater annual chance of flooding to an average depth of 1 to 3 feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow. Area of special flood hazard is the land in the floodplain within a community subject to a 1 percent or greater chance of flooding in any given year. The area may be designated as Zone A on the Flood Hazard Boundary Map (FHBM). After detailed rate-making has been completed in preparation for publication of the Ordinance 631 Page 5 of 15 FIRM, Zone A usually is refined into Zones A, AO, AH, A1-30, AE, A99, AR, AR/A1-30, AR/AE, AR/AO, AR/AH, AR/A, VO, V1-30, VE or V. Base flood means the flood having a 1 percent chance of being equaled or exceeded in any given year. Base flood elevation (BFE) The elevation shown on the Flood Insurance Rate Map (FIRM) and found in the accompanying Flood Insurance Study (FIS) for Zones A, AE, AH, A1-A30, AR, V1-V30, or VE that indicates the water surface elevation resulting from the flood that has a 1% chance of equaling or exceeding that level in any given year - also called the Base Flood. Basement means any area of the building having its floor subgrade (below ground level) on all sides. Breakaway wall means a wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces, without causing damage to the elevated portion of the building or supporting foundation system. Critical feature means an integral and readily identifiable part of a flood protection system, without which the flood protection provided by the entire system would be compromised. Development means any man-made change to improved and unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials. Elevated building means, for insurance purposes, a non-basement building, which has its lowest elevated floor, raised above ground level by foundation walls, shear walls, posts, piers, pilings, or columns. Existing construction means for the purposes of determining rates, structures for which the "start of construction" commenced before the effective date of the FIRM or before January 1, 1975, for FIRMs effective before that date. "Existing construction" may also be referred to as "existing structures." Flood or flooding means a general and temporary condition of partial or complete inundation of normally dry land areas from: (1) the overflow of inland or tidal waters. (2) the unusual and rapid accumulation or runoff of surface waters from any source. Flood elevation study means an examination, evaluation and determination of flood hazards and, if appropriate, corresponding water surface elevations, or an examination, evaluation and determination of mudslide (i.e., mudflow) and/or flood-related erosion hazards. Flood insurance rate map (FIRM) means an official map of a community, on which the Federal Emergency Management Agency has delineated both the special flood hazard areas and the risk premium zones applicable to the community. Flood insurance study see Flood Elevation Study Floodplain or flood-prone area means any land area susceptible to being inundated by water from any source (see definition of flooding). Floodplain management means the operation of an overall program of corrective and preventive measures for reducing flood damage, including but not limited to emergency preparedness plans, flood control works and floodplain management regulations. Floodplain management regulations means zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as a floodplain ordinance, grading ordinance and erosion Ordinance 631 Page 6 of 15 control ordinance) and other applications of police power. The term describes such state or local regulations, in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction. Flood protection system means those physical structural works for which funds have been authorized, appropriated, and expended and which have been constructed specifically to modify flooding in order to reduce the extent of the area within a community subject to a "special flood hazard" and the extent of the depths of associated flooding. Such a system typically includes hurricane tidal barriers, dams, reservoirs, levees or dikes. These specialized flood modifying works are those constructed in conformance with sound engineering standards. Flood proofing means any combination of structural and non-structural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents. Floodway see Regulatory Floodway Functionally dependent use means a use, which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, but does not include long-term storage or related manufacturing facilities. Highest adjacent grade means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. Historic Structure means any structure that is: (1) Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; (2) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; (3) Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of Interior; or (4) Individually listed on a local inventory or historic places in communities with historic preservation programs that have been certified either: (i) By an approved state program as determined by the Secretary of the Interior or; (ii) Directly by the Secretary of the Interior in states without approved programs. Levee means a man-made structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control, or divert the flow of water so as to provide protection from temporary flooding. Levee system means a flood protection system which consists of a levee, or levees, and associated structures, such as closure and drainage devices, which are constructed and operated in accordance with sound engineering practices. Lowest floor means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking or vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor; provided that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirement of Section 60.3 of the National Flood Insurance Program regulations. Ordinance 631 Page 7 of 15 Mean sea level means, for purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on a community's Flood Insurance Rate Map are referenced. New construction means, for the purpose of determining insurance rates, structures for which the "start of construction" commenced on or after the effective date of an initial FIRM or after December 31, 1974, whichever is later, and includes any subsequent improvements to such structures. For floodplain management purposes, "new construction" means structures for which the "start of construction" commenced on or after the effective date of a floodplain management regulation adopted by a community and includes any subsequent improvements to such structures. Recreational vehicle means a vehicle which is (i) built on a single chassis; (ii) 400 square feet or less when measured at the largest horizontal projections; (iii) designed to be self-propelled or permanently towable by a light duty truck; and (iv) designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. Regulatory floodway means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height. Riverine means relating to, formed by, or resembling a river (including tributaries), stream, brook, etc. Special flood hazard area see Area of special flood hazard Start of construction (for other than new construction or substantial improvements under the Coastal Barrier Resources Act (Pub. L. 97-348)), includes substantial improvement and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building. Structure means, for floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home. Substantial damage means damage of any origin sustained by a structure whereby the cost of restoring the structure to it’s before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. Substantial improvement means any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before "start of construction" of the improvement. This term includes structures which have incurred "substantial damage", regardless of the actual repair work performed. The term does not, however, include either: (1) Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions or (2) Any alteration of a "historic structure", provided that the alteration will not preclude the structure's continued designation as a "historic structure." Variance means a grant of relief by a community from the terms of a floodplain management regulation. (For full requirements see Section 60.6 of the National Flood Insurance Program regulations.) Ordinance 631 Page 8 of 15 Violation means the failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in this ordinance is presumed to be in violation until such time as that documentation is provided. Water surface elevation means the height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929 (or other datum, where specified), of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas. Cross references: Definitions generally, § 1-2. Sec. 42-35. General provisions. (a) Lands to which this ordinance applies. The ordinance shall apply to all areas of special flood hazard with the jurisdiction of the Town of Westlake, Texas. (b) Basis for establishing the areas of special flood hazard. The areas of special flood hazard identified by FEMA, with accompanying flood insurance rate maps and flood boundary- floodway maps or any amended or supplementary maps, or any comparable or similar map which is a substitute or replacement thereof, as well as any revisions thereto, are hereby adopted by reference and declared to be a part of this article. (c) Establishment of floodplain development permit. A floodplain development permit shall be required to ensure compliance with the provisions of this article. (d) Compliance. No structure or land shall hereafter be located, altered, or have its use changed without full compliance with the terms of this ordinance and other applicable regulations. (e) Abrogation and greater restrictions. This ordinance is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this ordinance and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail. (f) Interpretation. In the interpretation and application of this ordinance, all provisions shall be; (1) considered as minimum requirements; (2) liberally construed in favor of the governing body; and (3) deemed neither to limit nor repeal any other powers granted under State statutes. (g) Warning and disclaimer liability. The degree of flood protection required by this ordinance is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. On rare occasions greater floods can and will occur and flood heights may be increased by man-made or natural causes. This ordinance does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This ordinance shall not create liability on the part of the community or any official or employee thereof for any flood damages that result from reliance on this ordinance or any administrative decision lawfully made hereunder. Sec. 42-36. Administration. (a) Floodplain administration. The Town engineer is responsible for administering, interpreting and implementing the provisions of this article. Ordinance 631 Page 9 of 15 (b) Duties and responsibilities of the local floodplain administrator. Duties and responsibilities of the floodplain administrator shall include, but not be limited to, the following: (1) Maintain all records pertaining to the provisions of this ordinance. (2) Review permit applications to determine whether proposed building sites will be reasonably safe from flooding. (3) Review and approve or deny all applications for development permits required by adoption of this ordinance. (4) Review permits for proposed development within a floodplain to require that all necessary permits have been obtained from those federal, state or local governmental agencies (including section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 USC 1334) from which prior approval is required. (5) Review all applications for permits for development within a floodplain to determine if the proposed development is located in the floodway. If located in the floodway, ensure that the encroachment provisions of section 42-40 are met. (6) Interpret as needed the exact location of the boundaries of the areas of special flood hazards. For example, where there appears to be a conflict between a mapped boundary and actual field conditions, the floodplain administrator shall make the necessary interpretation. The floodplain administrator shall make such determinations in a reasonably prudent manner. When any such interpretation results in a determination that an area is not a special flood hazard, the issuance of any building permits for any part of the area subsequent thereto shall be subject to the applicant's agreement to indemnify, hold harmless, and defend the Town and the floodplain adm inistrator for any adverse consequences resulting from or related to such a determination. (7) Notify, in riverine situations, adjacent communities and the state natural resource conservation commission, prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management Agency. (8) Ensure that the flood-carrying capacity within the altered or relocated portion of any watercourse is maintained or increased. (9) When base flood elevation data has not been provided in the maps referenced in subsection 42-35(a) for an area within the jurisdiction of the Town , the floodplain administrator shall obtain, review and utilize to the extent possible, any base flood elevation data and floodwa y data available from a federal, state or other source. (10) Require that no new construction, substantial improvements, or other development (including fill) shall be permitted within zones A1-30 and AE on the community's FIRM, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any point within the community. (11) Grant variances consistent with the provisions of section 42-39, variance procedures. (12) Under the provisions of 44 CFR Chapter 1, Section 65.12, of the National Flood Insurance Program regulations, a community may approve certain development in Zones A1-30, AE, AH, on the community's FIRM which increases the water surface elevation of the base flood by more than 1 foot, provided that the community first completes all of the provisions required by Section 65.12. Cross references: Administration, ch. 2. Ordinance 631 Page 10 of 15 Sec. 42-37. Floodplain development permit procedures. (a) Floodplain development permit. A floodplain development permit shall be required. A floodplain development permit shall be issued by the Town for all proposed development in an area of special flood hazard. (b) Application. Application for a floodplain development permit shall be presented to the Town manager or his designee on forms furnished by him/her and shall include but not be limited to, plans in duplicate drawn to scale showing the location, dimensions, and elevation of proposed landscape alterations, existing and proposed structures, and the location of the proposed landscape alterations, existing and proposed structures in relation to areas of special flood hazard, provided that all application for such development comply with the requirements of section 82-303. Additionally, the following information is required: (1) A permit is required for all proposed development including single structures in any area of special flood hazard. Any development in a floodplain will comply with the floodplain regulations and provisions of section 82-303. Vegetation shall not be removed or injured within the special flood hazard area without written authorization in advance from the Town manager or his designee which may be granted if the request is in conformance with a landscape plan approved by the Town ; or as a result of routine maintenance of the vegetation such as trimming or cutting designed to maintain the healthy or attractive growth of the vegetation, or as a result of routine maintenance of the area in order to maintain the floodwater conveyance capacity of the floodplain performed; (2) Elevation (in relation to mean sea level) of the lowest floor (including basement) of all new and substantially improved structures; (3) Elevation in relation to mean sea level to which any nonresidential structure shall be floodproofed; (4) A certificate from a registered professional engineer or architect that the nonresidential floodproofed structure shall meet the floodproofing criteria of this ordinance; (5) Description of the extent to which any watercourse or natural drainage will be altered or relocated as a result of proposed development; and (6) Maintain a record of all such information in accordance with this ordinance. (c) Approval or denial. Approval or denial of a floodplain development permit by the Town manager or his designee shall be based on all of the provisions of this ordinance and section 82-303 and the following relevant factors: (1) The danger to life and property due to flooding or erosion damage, based on a fully developed watershed; (2) The amount and degree of alteration of floodplain boundaries, and the degree to which a natural appearing floodplain is preserved and integrated into the development; (3) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner; Ordinance 631 Page 11 of 15 (4) The danger that materials may be swept onto other lands to the injury of others; (5) The compatibility of the proposed use with existing and anticipated development; (6) The safety of access to the property in times of flood for ordinary and emergency vehicles; (7) The costs of providing governmental services during and after flood conditions including maintenance and repair of streets and bridges, and public utilities and facilities such as sewer, gas, electrical, and water systems; (8) The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters and effects of wave action, if applicable, expected at the site; (9) The necessity to the facility of a waterfront location where applicable; (10) The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use; and (11) The relationship of the proposed use to the Comprehensive Plan and floodplain management program for the area. (d) Fee. The required fees shall be as referenced in the Town 's fees and use schedule (Ord. No. 512, § 13, 4-23-2007) Sec. 42-38. Provisions for flood hazard reduction. (a) General standards. In all areas of special flood hazards, the following provisions are required for new construction and substantial improvements: (1) New construction or substantial improvements shall be designed (or modified) and adequately anchored to prevent floatation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy; (2) New construction or substantial improvements shall not be allowed in the floodplain, but where a variance may be granted for a nonhabitable recreation oriented structure, they shall be constructed by methods and practices that minimize flood damage and impact on drainage flows; (3) All new construction or substantial improvements shall be constructed by materials resistant to flood damage; (4) On-site waste disposal systems shall not be located within floodplain boundaries. (5) All new construction or substantial improvements shall be constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding; (6) All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system; Ordinance 631 Page 12 of 15 (7) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the system and discharge from the systems into flood waters; and, (8) On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. (b) Specific standards for habitable structures. In all areas of special flood hazards where base flood elevations data has been provided as set forth in this ordinance, the following provisions are required: (1) Residential construction. New construction and substantial improvement of any residential structure shall have the lowest floor (including basement) elevated to not less than two (2) feet above the base flood elevation, taking into account the effects of full development of the watershed. A registered surveyor shall submit a certification to the building official and Town engineer that this standard has been met. A record of such certification which includes the specific elevation (in relation to mean sea level) to which such structures are flood- proofed shall be maintained by the building official and Town engineer. (2) Non-residential construction. New construction and substantial improvements of any commercial, industrial, or other nonresidential structure shall either have the lowest floor, including basement elevated to not less than two (2) feet above the base flood level taking into account the effects of future urbanization or, together with attendant utility and sanitary facilities, be designed so that below the base flood level the structure is water tight with walls substantially impermeable to the passage of water and with structural components having the capability or resisting hydrostatic and hydrodynamic loads and effects of buoyancy. A registered surveyor shall submit a certification to the building official and Town engineer that this standard has been met. A record of such certification which includes the specific elevation (in relation to mean sea level) to which such structures are flood-proofed shall be maintained by the building official and Town engineer. (3) Enclosures. New construction and substantial improvements, with fully enclosed areas below the lowest floor that are usable solely for parking of vehicles, building access or storage in an area other than a basement and which are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria: (i). A minimum of two openings on separate walls having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided. (ii). The bottom of all openings shall be no higher than 1 foot above grade. (iii). Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters. (c) Standards for subdivisions. All subdivision proposals shall comply with the provisions of this article. Ordinance 631 Page 13 of 15 (d) Standards for streets, drainage, and utilities. (1) The finished elevation of proposed streets shall be at least two feet above the base flood elevation. (2) Where necessary, profiles and elevations of streets may be required to determine compliance with this requirement. (3) Drainage openings shall be sufficient to discharge flood flows without unduly increasing flood heights. (4) Storm drainage facilities shall be designed to convey the flow of surface waters without damage to persons or property. (5) The system shall insure drainage at all points along streets, and provide positive drainage away from buildings and on-site waste disposal sites. (6) The facilities shall be designed to prevent the discharge of excess runoff onto adjacent properties. (Ord. No. 512, § 13, 4-23-2007) Sec. 42-39. Variance procedures. (a) Generally. The applicant may request a variance from the Town Council by filing such request with the Town. The Town may grant a variance only upon finding that: (1) The variance is the minimum necessary, considering the special flood hazard, to afford relief; (2) The variance meets the findings necessary for granting of a variance in chapter 26, article II, division 2; (3) Failure to grant the variance would result in exceptional hardship to the applicant; and (4) Granting the variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, or create nuisances; (5) Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or the state equivalent without regard to the procedures set forth in this article; and, (6) Variances shall not be issued within any designated floodway. (b) Maintenance of records. The building official and Town engineer shall maintain a record of all variances to the requirements of this article and shall report such variances, upon request, to the Federal Emergency Management Agency. (Ord. No. 512, § 13, 4-23-2007) Sec. 42-40. Encroachments in floodways restricted. Ordinance 631 Page 14 of 15 Located within areas of special flood hazard established in section 42-35 are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters which carry debris, potential projectiles, and erosion potential, the following provisions shall apply: (a) Encroachments are prohibited including fill, new construction, substantial improvements and other development unless an approved technical evaluation by a registered professional engineer is provided demonstrating that the cumulative effect of the proposed encroachments when combined with all other existing and anticipated development and encroachment shall not result in any increase in flood levels within the community during the occurrence of the base flood discharge. (b) If the provisions of the subsection (1) of this section are satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of section 42-38, flood hazard reduction. Sec. 42-41. Appeal procedures. (a) Generally. Appeals may be taken from a requirement, decision, or determination made by the Town engineer in the enforcement or administration of this ordinance to the Town Council. The appeal shall be filed with the Town engineer. The Town Council may attach such conditions to the granting of such appeal as it deems necessary to further the purpose and objectives of this article. (b) Record maintained. The Town engineer shall maintain a record of all appeals taken pursuant to this section. (c) Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places, without regard to the procedures set forth in the remainder of this ordinance. (d) Variances may be issued for new construction and substantial improvements to be erected on a lot of 1/2 acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing the relevant factors in this ordinance have been fully considered. As the lot size increases beyond the 1/2 acre, the technical justification required for issuing the variance increases. (e) Upon consideration of the factors noted above and the intent of this ordinance, the Town Council may attach such conditions to the granting of variances as it deems necessary to further the purpose and objectives of this ordinance. (f) Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result. (g) Variances may be issued for the repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure. (h) Prerequisites for granting variances: (1) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. Ordinance 631 Page 15 of 15 (2) Variances shall only be issued upon: (i) showing a good and sufficient cause; (ii) a determination that failure to grant the variance would result in exceptional hardship to the applicant, and (iii) a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances. (3) Any application to which a variance is granted shall be given written notice that the structure will be permitted to be built with the lowest floor elevation below the base flood elevation, and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation. (i) Variances may be issued by a community for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use provided that (i) the criteria outlined in this ordinance are met, and (ii) the structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety. Memo Town of Westlake To: Honorable Mayor and Members of the Town Council From: Eddie Edwards, Director of Planning and Development Subject: Regular Meeting of September 21, 2009 Date: September 10, 2009 Consideration of a Plat Amendment to the Cowgirl Ranch Estates plat. Being the five residential lots located on the South side of Dove Road just East of Randol Mill Road. ITEM This item supports the following Vision Point and Key Result Areas: VISION POINT AND KEY RESULT AREAS  Inviting Residential & Corporate neighborhoods o On-going comprehensive planning o Highest quality development and aesthetic standards The lot located at the corner of Dove Road and Randol Mill Road is the last lot in this sub-division to be built upon. When a survey of the property was conducted, pursuant to the sale of the property, it was discovered that some Scrivener’s errors resulted in the lot being less than the 43,560 square feet required for the R-1 zoning district which this property is in. The shortage was less than one percent but all parties involved agreed that it was best to amend the plat and clear up any issues before the property is sold again. BACKGROUND N/A FUNDING The amended plat has been reviewed by the Town Engineer and other Town of Westlake staff and was found to be in compliance with Town of Westlake ordinances. Staff recommends approval of this plat amendment. RECOMMENDATION Resolution ATTACHMENTS: Amended Plat Resolution 09-46 Page 1 of 2 TOWN OF WESTLAKE RESOLUTION 09-46 APPROVING AN AMENDING PLAT OF THE COWGIRL RANCH ESTATES SUB-DIVISION. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1 PASSED AND APPROVED ON THIS 21st DAY OF SEPTEMBER, 2009. : That the Town Council of the Town of Westlake, Texas, does hereby approve the Amending Plat of the Cowgirl Ranch Estates Sub-division, an example of which is attached and labeled Exhibit “A”. ___________________________________ Laura Wheat, Mayor ATTEST: ________________________________ ___________________________________ Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager APPROVED AS TO FORM: ________________________________ Stan Lowry, Town Attorney Town of Westlake Proclamation WHEREAS: in 1872 J. Sterling Morton proposed to the Nebraska Board of Agriculture that a special day be set aside for the planting of trees; and WHEREAS: this holiday, called Arbor Day, was first observed with the planting of more than a million trees in Nebraska; and WHEREAS: Arbor Day is now observed throughout the nation and the world; and WHEREAS: trees are a renewable resource giving us paper, wood for our homes, fuel for our fires and countless other wood products; and WHEREAS: trees, wherever they are planted, are a source of joy and spiritual renewal; and NOW, THEREFORE, I, Laura Wheat, Mayor of the Town of Westlake, do hereby proclaim September 26, 2009, as: Arbor Day in the Town of Westlake, Texas and urge all citizens to celebrate Arbor Day and to support efforts to protect our trees and woodlands, and I urge all citizens to plant trees to gladden the heart and promote the well-being of this and future generations. IN WITNESS WHEREOF, I have hereunto set my hand and caused the official seal of the Town of Westlake, Texas to be affixed this 21st day of September 2009. _________________________________ Laura Wheat, Mayor Memo Town of Westlake To: Honorable Mayor and Members of the Town Council From: Tom Brymer, Town Manager Subject: Regular Meeting of September 21, 2009 Date: September 8, 2009 ITEM Consider a resolution to adopt the revised budget for the Town of Westlake for the fiscal year ending September 30, 2009, and adopting the proposed budget for the fiscal year ending September 30, 2010, and provide authorization to the Town Manger to approve appropriated funds up to $25,000. This item supports the following Vision Point and Key Result Areas: VISION POINT AND KEY RESULT AREAS  Inviting Residential & Corporate neighborhoods o On-going comprehensive planning o Sensitivity to neighborhood integrity o Outstanding community appearance o Highest quality development and aesthetic standards o Open space preservation  We are Leaders o Premier educational facilities and programs o Producing well educated future leaders and thinkers o Business partnerships with Westlake Academy o Environmental stewardship initiatives o High quality services delivery coupled with financial stewardships o Infrastructure maintenance and planning  Hospitality Finds its Home in Westlake o Citizen engagement and communication o Historic Preservation o Tourism development The Town staff has prepared the Proposed FY 2009/2010 budget utilizing the following basic assumptions and approaches: BACKGROUND • A balanced budget that makes as its first priority providing Town residents and businesses with basic, but high quality, Town Services. • Due to the decline in sales tax receipts and other revenue sources, a portion of the fund balance in the General Fund is proposed to be used to balance this budget, while attempting to minimize the use of this fund balance as much as practical. • Provide essential on-going support for Westlake Academy, both direct and indirect. • No municipal (Town) ad valorem (property) tax levy. • The only capital improvement projects recommended are Utility Fund projects, self-funded projects, and the Westlake Academy water well; all others have been shifted one year forward in the Proposed Five (5) Year Capital Improvement Plan. • 2.4% market pay adjustment for Municipal employees. This is the same overall percentage adjustment approved for the Academy personnel. • 1 full-time person to support three departments (Human Resources, Planning & Zoning and Maintenance/Facilities) To alleviate bringing all contracts, e.g. annual maintenance, copier, etc. to the Council for approval, staff is requesting the Town Manager be authorized to approve any appropriated funds up to the amount of $25,000. N/A FUNDING Staff recommends adoption of this resolution adopting the FY 09/10 budget as well as approving final amendments to the FY 08/09 budget and provide authorization to the Town Manager to approve any appropriated funds up to the amount of $25,000. RECOMMENDATION 1. Resolution 09-45 ATTACHMENTS: 2. Budget Transmittal Memo Dated 8-31-09 3. Budget Overview for FY 09/10 TOWN OF WESTLAKE RESOLUTION NO. 09-45 ADOPT THE REVISED BUDGET FOR THE TOWN OF WESTLAKE, TEXAS FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2009 AND THE PROPOSED BUDGET FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2010, AND PROVIDE AUTHORIZATION TO THE TOWN MANGER TO APPROVE APPROPRIATED FUNDS UP TO $25,000. WHEREAS, a public hearing was duly held and all interested persons were given an opportunity to be heard for or against any item therein. WHEREAS, as required by Texas Local Government Code 102.002, the budget officer has prepared a municipal budget to cover the proposed expenditures of the municipal government for the succeeding year NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1 : That the Council hereby adopts the revised budget for the fiscal year ending September 30, 2009 and the proposed Annual Operating Budget for the fiscal year ending September 30, 2010 and appropriates the funds contained therein. SECTION 2 : That a copy of the official adopted 2009-2010 budget documents shall be kept on file in the office of the Town Secretary. SECTION 3 : That the Council hereby gives the Town Manager authorization to approve any appropriated funds up to the amount of $25,000. SECTION 4: PASSED AND APPROVED ON THIS 21st DAY OF SEPTEMBER, 2010. That this Resolution shall become effective upon the date of its passage. ___________________________________ Laura Wheat, Mayor ATTEST: _______________________________ __________________________________ Kelly Edwards, Town Secretary Tom Brymer, Town Manager APPROVED AS TO FORM: _________________________________ L. Stanton Lowry, Town Attorney August 31, 2009 Honorable Mayor and Town Council: INTRODUCTION I am pleased to present, on behalf of the Town’s staff Leadership Team, the Town of Westlake’s Proposed FY 2009‐2010 budget totaling $12,435,855 (including $1,729,206 proposed transfers in from fund balance for operating, debt service, capital projects, major maintenance and equipment replacement needs) for all funds. The Proposed FY 2009‐2010 municipal budget was prepared utilizing these basic assumptions and approaches: A balanced budget that makes as its first priority providing Town residents and businesses with basic, but high quality, Town services. Due to a decline in sales tax receipts and other revenue sources, a portion of the fund balance in the General Fund is proposed to be used to balance this budget, while attempting to minimize the use of this fund balance as much as practical. Provide essential on‐going support for Westlake Academy, both direct and indirect. No municipal (Town) ad valorem (property) tax levy. The only capital improvement projects recommended in FY 09‐10 are Utility Fund projects, self‐funded projects, and the Westlake Academy water well; all others have shifted one year forward in the Proposed Five (5) Year Capital Improvement Plan. Fund Type Estimated Proposed Inc(Dec)Inc(Dec) FY 08/09 FY 09/10 Percent Amount General Fund $ 3,904,487 $ 3,119,934 ‐20% $ (784,553) Special Revenue 2,439,379 1,863,922 ‐24% (575,457) Debt Service Fund ‐ ‐ 0% ‐ Capital 230,445 230,445 0% ‐ Utility Fund 1,728,860 1,330,033 ‐23% (398,827) Internal Services 100,000 100,000 0% ‐ Total Fund Balance $ 8,403,172 $ 6,644,335 ‐21% $ (1,758,837) Due to a significant decline in General Fund revenues, this Proposed FY 09‐10 Budget uses $784,553 of the fund balance in the General Fund to cover proposed expenditures. Base expenditures (without service level adjustments) have been reduced to close to FY 08‐09 levels. In fact, the operating portion of the Proposed FY 09‐10 Budget is 7% less than the Estimated FY 08‐09 Budget. However, General Fund revenues are still not adequate and require use of fund balance in FY 09‐10. The Utility Fund is incurring a large rate increase from out sewage treatment provider, the Trinity River Authority (TRA), from whom we received notice of this wholesale price increase just prior to this Proposed FY 09‐10 Budget. Further information about this sewage treatment price increase is set out below. BUDGET PREPARATION PARAMETERS AND “SCRUBBING” As this Proposed FY 2009‐2010 Budget was prepared, certain assumptions, parameters, and approaches were utilized in order to: a.) easily track proposed cost increases as they relate to maintaining or increasing service levels, b.) identify proposed use of fund balances and inter‐ fund transfers, c.) delineate the proposed amount for employee compensation increases, and d.) understand the approach used for revenue estimating. These approaches and parameters are: Continued to pursue allocation of funds on hand towards major building and infrastructure maintenance as well as for vehicle and equipment replacement. Maintained present fund balances to exceed policy requirements, however, as stated above, the General Fund requires use of some its fund balance in FY 09‐10 to off‐set expenses. Conservative revenue estimating that identified one‐time and on‐going revenue increases. Estimated expenditures for current levels of service (adjusted for actual spending as well as deducting one‐time expenses) in FY 08‐09 were identified and these became the FY 09‐10 base budget. Increases in the current level of service anticipated due to inflation and other cost increases were identified and kept separate from the current level of service base budget in the form of “current service level adjustments” (SLA’s). Resources to provide average market pay adjustments of 2.4% of total salary cost. This is the same overall percentage adjustment as that received by Academy personnel. It should be noted that this adjustment is consistent with the approach used for Academy personnel that are closer to market than municipal operations personnel. “Expanded or new levels of service” were also identified, kept separate, and held to a minimum due to economic conditions. Delayed almost all general government capital improvement projects (i.e. ‐ streets, drainage, parks, trails, public buildings) unless those projects have an identified project specific funding source already in place. All costs for base budgets, service level adjustments due to cost increases/inflation, and expanded/new service level adjustments were “scrubbed” and extensively analyzed and discussed in budget review sessions with the Town Manager and Director of Finance. This is ensures maximum efficiency, effectiveness, and utilization of both additional and requested financial resources. We did this while having our focus being on the sustainability of the request as well as the fact that our economy is going through a recession. The sewer portion of the Utility Fund was prepared based on current wholesale TRA rates; however, recently we have been notified that as of December 1, 2009 those rates will be increased by 39%. This does not indicate a “spike” that will be reduced in future years. Rates are expected to stay around $3.9 per 1,000 gallon for the next five years. Staff recommends adopting the Utility Fund Budget for FY 09‐10 based on current rates and then examine the feasibility of some type of series of step increases in our retail sewer rates over time to off‐set this wholesale price increase from TRA. MILESTONES AND STRATEGIC ACHIEVEMENTS IN FY 2008‐2009 Before covering the proposed budget for FY 09‐10, it is important to recognize the strategic priorities and milestones achieved by the Town of Westlake organization in FY 08‐09. This proposed budget continues to build upon the Council’s strategic planning framework begun in FY 08‐09 to identify priorities and determine funding levels for FY 09‐10. More detailed expenditure explanations by department and operating fund are set out in the Budget Overview and Budget Framework that follows this transmittal letter, as well as in further detail in each departmental budget by fund in the budget document. During FY 08‐09 the Town of Westlake the following milestones and strategic priorities were achieved: Fidelity Regional Headquarters Phase II Was Completed Maintained Adequate Cash Reserves A Five (5) Year Strategic Plan Was Developed and Adopted by the Town Council (see the section of this budget document for the details of this plan) Five Comprehensive (5) Year Capital Improvement Plan Was Compiled (see the section of this budget document for the details of this plan) Governmental Finance Officers Association (GFOA) Distinguished Budget Presentation Award Received for Second Time for the FY 08‐09 Budget Received the GFOA Certificate of Achievement for Excellence in Financial Reporting for the First Time for the Town’s FY 06‐07 Comprehensive Annual Financial Report (CAFR), (i.e. annual audit). The $5.1 Million Westlake Academy Arts & Sciences Center Construction Started and Completed The $15 Million Phase 1 FM 1938 (Precinct Line Rd) Improvements Project Was Let for Bid by TxDOT FM 1938 (Precinct Line Rd) Streetscape Concept Plan Was Completed Deloitte Announcement University Construction Was Begun Oil and Gas Drilling/Production Ordinance Completed and Adopted by the Town Council Key Policies Related to Advisory Boards and Facility Use Were Adopted Stagecoach Hills Subdivision Drainage Improvement Project Begun Westlake e‐Tube Videos Launched on the Town Web Site The Westlake Wire Town Newsletter was Converted to an e‐Newsletter “Westlake Windows” Initiative for Transparent Government Was Launched Including Citizen Outreach Neighborhood Meetings Held With Every Westlake Neighborhood Town Financial Policies Were Reviewed and Revised by the Town Council Financial Policies for Westlake Academy Were Reviewed and Approved by the Town Council/Board of Trustees Water and Sewer Rates Were Placed on Cost of Service Basis Automated Solid Waste Collection and Recycling Was Implemented Terra Bella Residential Subdivision Was Completed First Direction Finders (Citizens) Survey Conducted (see the section of this budget that has the entire results of this survey) FY 09‐10 BUDGET THEME: “CRITICAL CHALLENGES, CRITICAL CHOICES” To provide strong focus, it is useful in public budgeting to identify a theme to capture the essence of what we are addressing as we prepare and consider a proposed budget. For FY 2009‐2010, I would offer as the theme for this proposed Town budget, “Critical challenges, Critical choices”. There is no question that Texas, and especially the Fort Worth‐Dallas Metroplex, has fared better than most of the country in the current recession. Nonetheless, the Town of Westlake has been affected by the current economic downturn, as have other municipalities across our area, state, and nation. This current economic downturn has negatively affected our Town’s budget due to our heavy reliance on sales tax revenue to fund Town services and our debt obligations. Sales tax can be a very viable revenue source during stable economic times. However, since it is a volitional tax (i.e. ‐ paid when someone decides to buy a service or product), during economic down turns it often decreases. We may not like the circumstances we find ourselves in, but we have a choice in terms of how we wish to respond to the financial challenges created by the current economic conditions. We can decide to ask the question, do we have a problem or do we have an opportunity? How we respond to that question will have much to do with Westlake’s community vitality as a premier knowledge based community in the years to come. We will examine that question in this budget transmittal letter as we face our “critical challenges and critical choices.” GOVERNING AND MANAGING FOR OUTCOMES In FY 08‐09, the Town began moving its leadership and management systems to a framework utilizing a more program based budget designed to link desired outcomes with budgeted resources and accountability for results. This proposed FY 09‐10 Budget represents the next step in this continuous improvement process. This budget document utilizes a systemic framework designed to link together critical governance and management decision making tools. This system is called “Governing and Managing for Outcomes” and is designed to integrate: strategic planning five (5) year financial forecasting, budgeting, and performance measurement linked to priorities, objectives, and outcomes reporting to monitor progress in outcome achievement and accountability for results aligning resources to prioritized outcomes citizen surveys to gauge service satisfaction levels with Town services and resident willingness to pay for those services long term approach to ensure financial sustainability maintaining cores services five (5) year capital improvement planning This budget focuses on the next twelve months of the Town’s future. However, the Council’s initiative to pursue a strategic planning approach to the Town’s governance is critical to providing the Council, and the community, with a multi‐year focus that couples strategic priority setting with good financial stewardship decisions that achieve the long‐term vision set by the Council for Westlake. The entire Five (5) Year Strategic Plan recently adopted by the Town Council is set out in a separate section of this budget document. The chart in this section of the budget document illustrates, via the three focus areas of our Town’s vision statement, which key result areas within those vision focus points the proposed departmental and fund budgets address. This chart gives a good visual representation as to how the Town’s financial resources are allocated in terms of vision points and their key result areas (i.e. – outcomes) that we will focus on in FY 09‐10. VISION FOCUS Neighborhoods Leadership Hospitality Co m p . Pl a n n i n g Ne i g h b o r h o o d In t . Co m m u n i t y Ap p e a r a n c e Qu a l i t y De v . Ae s t h e t i c St a n d a r d s Op e n Sp a c e Pr e s e r v a t i o n Pr e m i e r Ed u c a t i o n Fa c i l i t i e s & Pr o g r a m s Fu t u r e Le a d e r s an d Th i n k e r s Bu s . Pa r t n e r s h i p w/ To w n & Ac a d e m y En v . i r o n m e n t a l St e w a r d s h i p Hi g h Qu a l i t y Sr v w/ F i n . St e w a r d s h i p In f r a s t r u c t u r e Ma i n t & Pl a n n i n g Ci t i z e n En g a g e m e n t Ci t i z e n Co m m u n i c a t i o n Hi s t o r i c Pr e s e r v a t i o n To u r i s m De v e l o p m e n t Ar t s an d Cu l t u r e Administration X X X X X X Plan & Zoning X X X X X Town Secretary X X X Fire/EMS X X X Municipal Court X X X Public Works X X X X X Fac/ Maintenance X X X Finance X X X X Parks/ Recreation X X X X X X X Information Tech. X HR/Admin Srv. X X X Utility Fund X X X X Visitors Fund X X X X X X X X X 4B Fund X PTR Fund X X General MM Fund X X X Utility MM Fund X X X Cemetery Fund X X X V&E Fund X FM1938 Fund X X X X X A & S Fund X X Capital Imp. X X X Debt Service X The Council has articulated an exciting vision for Westlake with a strategic plan to move us towards that vision: Westlake’s Community Vision  Westlake is a one of a kind community – an oasis with rolling hills, grazing longhorns, and soaring red‐tailed hawks, located in the heart of the Fort Worth‐Dallas metropolitan area.  Inviting neighborhoods and architecturally vibrant corporate campuses find harmony among our meandering roads and trails, lined with native oaks and stone walls.  We are leaders. In education we are known for our innovative partnerships between the Town‐Owned Charter School and its corporate neighbors. We are environmental stewards – exemplifying the highest standards.  Hospitality finds its home in Westlake. As a community, we are fully involved and invested in our rich heritage, vibrant present and exciting, sustainable future. One of the outcome strategies set out in the Town’s Strategic Plan is to “Establish a strategy for achieving long‐term financial sustainability for the Town government, including Westlake Academy.” As a part of the systemic framework of governing and managing for outcomes, we know from the regularly updated and Town Council reviewed Five (5) year Financial Forecast that by FY 12‐13, the Town’s present revenue sources and fund balances will not be able to keep pace with projected expenditures. The most recent Five (5) Year Financial Forecast is set out in its entirety in a separate section of this budget. Here’s an excerpt from this Forecast that illustrates the seriousness of the Town’s financial challenges: Estimated Proposed Fund Description FY 08/09 FY 09/10 FY 10‐11 FY 11‐12 FY 12‐13 FY 13‐14 General Fund Beginning Fund Balance $ 2,771,739 $ 3,904,487 $ 3,119,934 $ 2,076,088 $ 1,039,105 $ (287,013) Total Revenues 5,610,936 3,387,841 3,166,346 3,083,764 3,176,277 3,271,565 Total Transfers In 332,000 418,000 293,860 288,552 46,531 47,927 Total Transfers Out (303,685) (8,050) (78,016) (28,053) (36,244) (36,850) Net Total 3,904,487 3,119,934 2,076,088 1,039,105 (287,013) (1,652,434) Total Restricted Funds 402,340 186,340 147,500 147,500 147,500 147,500 Ending Balance (projected) $ 3,502,147 $ 2,933,594 $ 1,928,588 $ 891,605 $ (434,513) (1,652,432) Operating Days 295 259 165 74 (35) (141) Visitors Association Fund Beginning Fund Balance $1,451,153 $ 802,385 $ 572,391 $ 440,528 $ 105,168 $ (26,454) Total Revenues 511,475 476,975 486,515 501,110 516,143 531,628 Total Expenditures (496,617) (424,693) (437,434) (450,557) (464,074) (477,996) Total Transfers Out (663,626) (282,276) (180,944) (385,913) (183,692) (179,722) Net Total (projected) 802,385 572,391 440,528 105,168 (26,454) (152,545) Total Restricted Funds 25,000 5,000 5,000 5,000 5,000 5,000 Ending Balance (projected) $ 777,385 $ 567,391 $ 435,528 $ 100,168 $ (31,454) $ (157,545) Operating Days 571 488 363 81 (25) (120) Debt Service Fund Beginning Balance $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ Total Transfers In 1,501,957 1,499,750 1,503,278 1,499,950 1,295,541 1,324,035 Total Expenditures (1,501,957) (1,499,750) (1,503,278) (1,499,950) (1,500,028) (1,498,406) Ending Balance (projected) $ ‐ $ ‐ $ ‐ $ ‐ $ (204,487) $ (174,371) Excerpt from Five Year Forecast While both revenues and expenditures are conservatively estimated in this Financial Forecast, it contains important warning “sign posts” that cannot be ignored. As mentioned above regarding our Strategic Plan, we have time to address the outcome strategy of financial sustainability for the Town. However, we do not have an abundance of time and we must use that time wisely. Very importantly, this Financial Forecast and Strategic Plan mandates that we as a Town government begin critical conversations with the Westlake community so they understand the seriousness of this issue and understand the choices that are available to address it. This must take place if we are to keep moving forward as a Town government toward the Council’s vision for Westlake. Citizen understanding of these critical challenges and critical choices is essential to the Council’s ability to address them. IMPORTANT CONVERSATIONS In his well known book, Good to Great, author Jim Collins identifies factors that have allowed businesses to have high level sustained performance over time. He has also written a monograph entitled, Good to Great in the Public Sector, where he shows how the concepts and ideas in Good to Great transfer from the private to the public sector. In looking at high performance organizations, Collins found that one of the keys to their success was their ability to “confront the brutal facts, yet never lose faith” in the midst of their “current reality.” So what are the “brutal facts” regarding our “current reality?” The Town relies primarily on sales tax and one‐time permits/fees to fund its operation and debt service costs. Sales tax used to fund General Fund services is declining due to reduced business purchasing activity and at least one significant business which had generated significant sale tax revenue being purchased and closed. Retail development that could help increase sales tax revenue has not occurred to date and based on retail industry conditions, is unlikely to occur in the near to medium term. A significant source of sales tax is “situs agreements” that generate sales tax revenue from construction materials purchased for major economic development projects such as Deloitte and Fidelity, however, these sales tax revenues are one‐time revenues. Hotel/motel occupancy tax revenue has not grown at an appreciable rate due primarily to decreased business travel, even though the Marriott Solana expanded their room count two years ago. Residential building permits have decreased due to the current economic climate Large building permits from major economic development projects such as Fidelity and Deloitte have helped fund Town services; however, those economic development projects take years to develop and once Deloitte has paid its building permit, there are no further such projects even in the preliminary planning stages. Again, these are one‐time revenue sources. In FY 05‐06 Westlake voters approved dissolving the Town’s 4A half cent economic development sales tax and replacing it with a half cent sales tax for “property tax reduction”. This provided $2.2 million that was transferred to the General Fund and significantly increased the fund balance in that fund. This funding infusion, while increasing the General Fund’s fund balance, has perhaps masked the volatility and lack of diversity of the Town’s on‐going revenue structure. Fixed debt service costs are a significant part of the Town’s costs and were increased in FY 07‐08 with the issuance of $2.5 million of general obligation bonds for the new Sam and Margaret Lee Arts & Sciences Center at Westlake Academy. Operating costs have increased to fund Town services, including Westlake Academy, as the Town’s population, as well as the Academy’s campus and enrollment growth. These costs have also grown due to natural inflationary increases. Funding for capital projects identified in the Town’s Five (5) year Capital Improvement Plan are inadequate to meet basic general government infrastructure needs for streets, drainage, parks, trails, and public buildings. The Town’s land use plan, and the zoning that implements that land use plan, features corporate office campuses and large lot single family residential as the primary land use pattern that is desired for Westlake. Both of these land uses, particularly the office land use, lend themselves more to creating a strong ad valorem tax base, not a strong sales tax base. Westlake’s estimated 2009 taxable assessed valuation in Westlake is approximately $730 million net of abatements, a large ad valorem tax base for a community 6.2 square miles in land area and a population of 703 residents. Clearly, based on these “brutal facts”, the Town’s business model, while having worked previously, shows it will no longer work based upon current and projected economic realities and assumptions. Under the Town’s present revenue stream, this business model is not sustainable beyond the next three (3) fiscal years. Realigning this model becomes our critical challenge and choice. Collins maintains that “leadership does not begin just with vision. It begins with getting people to confront the brutal facts and to act on the implications”. These realities need to be part of a critical community conversation and dialogue so that Westlake residents and businesses understand the choices before us and the possible consequences of those choices so they can make informed decision on how to move forward. So, how do we begin to move forward as we deal with these “brutal facts”? In their book, The Price of Government, authors David Osborne and Peter Hutchinson offer some valuable insights into answering this question as it relates to Westlake. The authors’ state: “Native Americans have many sayings, and one of the wisest is this: When you’re riding a dead horse, the best strategy is to dismount. You don’t change riders. You don’t reorganize the herd. You don’t put together a blue‐ribbon commission of veterinarians. And you don’t spend more money on feed. You get off and find yourself a new horse.” Perhaps another way of dealing with that question is to not answer the question by using a business model to compete in the future based on assumptions that have not worked in the past. History can be a good teacher, but it often only shows (with the benefit of 20/20 hindsight) what does not work, not what will work based on the situations the future will present us. As stated earlier, while we have time to begin to address our current reality, it cannot be emphasized enough that we do not have a lot of time. We cannot afford to spend this valuable time pursuing past paradigms that have proven to be no longer viable. What is that past paradigm? It is simply this: a community cannot be a premier knowledge based community with a superior quality of life and sustain that quality of life on revenues to fund services and debt service comprised largely of sales tax, permits, fund transfers, and other one‐time or highly volatile revenue sources when that community does not have a strong sales tax base and development activity is at a very low level. In The Price of Government, Osborne and Hutchinson offer “five critical decisions” that must be made by government dealing with fundamental financial issues that could help us create a new paradigm to achieve financial sustainability: 1. Getting a Grip on the Problem: Is it short or long term? Is it driven by revenues or expenses, or both? 2. Setting the Price of Government: Determining how much citizens are willing to pay. 3. Setting the Priorities of Government: Deciding which results citizens value most. 4. Setting the Price of Each Priority: Deciding how much the government will spend to produce each of these outcomes. 5. Purchasing the Priorities: Deciding how best to produce the desired results at the price citizens are willing to pay. While we have not addressed all these critical issues or answered all these questions yet, using our Financial Forecast and Direction Finders (citizens) survey, we can begin to address some of them.  Getting a Grip on the Problem: Is it short or long term? Is it driven by revenues or expenses, or both? Status: As shown above, our Financial Forecast shows us that this is primarily a revenue problem, although expenses can and should also be addressed also. Our revenue sources are not diverse and are declining. This is both a short term and long term problem.  Setting the Price of Government: Determining how much citizens are willing to pay. Status: DirectionFinders gives us a good road map to deal with this critical issue. Since the Town’s government has been funded primarily with sales taxes and building permits/fees, in one sense, Westlake residents have not had to directly pay for the services provided by the Town (with the exception of water, sewer, and solid waste). Yet, DirectionFinders provide good information on what they are willing or not willing to pay for as shown in these charts:  Setting the Priorities of Government: Deciding which results citizens value most. Status: Again, DirectionFinders is a good tool for the Council to help set these priorities:  Setting the Price of Each Priority: Deciding how much the government will spend to produce each of these outcomes. Status: This is a policy decision that must be made by the Council over the next two fiscal years if we are to achieve financial sustainability per our Strategic Plan.  Purchasing the Priorities: Deciding how best to produce the desired results at the price citizens are willing to pay. Status: Some of this has been done in the past, but even more will need to be done in terms of looking at all methods of service delivery including direct service delivery and out‐sourcing of service delivery. Additionally, we may need to set purchasing “ceilings” (i.e. ‐ the most we are willing to spend) on some services such as Westlake Academy, if for no other reason than due to our limited financial resources. STRATEGIC PRIORITIES‐ POSITIONING OURSELVES FOR THE FUTURE Based on our financial forecast, FY 2009‐2010 will be a pivotal year for the Town of Westlake. With a conservative revenue forecast, conservative proposed expenditures, and making use of some of the General Fund’s fund balance from the $2 million Deloitte University building permit (one‐time revenue), we can weather the next fiscal year. And, if we make good use of the next twelve months to engage Westlake citizens and businesses in a conversation and dialogue regarding the choices in front of us, then FY 2010‐2011 will be the time where we can begin to position ourselves to achieve our strategic outcome of financial sustainability. As we move forward many more questions and areas will need to be examined including: What are the “core” services that the Town should offer and what is the best way to offer them? What level of financial support can we provide for Westlake Academy versus the Academy pursuing other funding through the Foundation or other means? What’s the best way to engage the greater Westlake community in these critical conversations and dialogue? What do we want the Town of Westlake to look like and be fifty years from now? This all must be done as we ask the brutal questions, but never lose faith in the Town of Westlake as a premier place to live, work, and be educated. That is why the theme for the Proposed FY 2009‐2010 Budget is “Critical Challenges, Critical Choices”. With thoughtful consideration and dialogue, we can turn these challenges into opportunities. CLOSING COMMENTS In over thirty years of public service, I have never written a budget transmittal letter like this one. I have come to the conclusion that the reason I have not written something like this before is that Westlake is a very unique community. While we are small, our small size allows us to do many things larger communities cannot do. This gives us a huge advantage and opportunity to set the standard for a premier community quality of life in both education and municipal services. But, setting a standard for an excellent quality of life comes at a price, and we will have to determine what that price is, as well as what Westlake residents are willing to pay to achieve it. Even with the financial challenges of the current economic climate, this proposed budget is built on a conservative fiscal philosophy resting on a solid financial stewardship foundation. It maintains existing levels of service. And, in concert with the Council’s strategic priorities, advances others, all without the use of a municipal property tax and in a time of economic down‐turn. This Proposed FY 09‐10 Budget gives us an exciting opportunity to move Westlake further toward its vision of being a one‐of‐a‐kind, premier, knowledge‐based community. The Town of Westlake does not create wealth, but instead only spends public dollars collected on behalf of our citizens. We exist as a municipal corporation for one reason alone: to prioritize and deliver the best services possible with the resources provided to achieve an exceptional quality of life. With the Council, Staff, and Community working in tandem as a team, we can achieve much. A major part of that team work in FY 09‐10 will be engaging Westlake citizens in this process of determining the not only how their Town government will be funded, but what this Town will be and will become. Osborne and Hutchinson noted this about citizens and their view of funding government: “…they (citizens) want government to provide what only the public sector can provide…But they want their money’s worth. They want value for dollars. When they can’t get it, they often opt for tax cuts and private services. When they do get value from public institutions, however, they are often willing to invest in them.” And that’s our challenge, making sure that Westlake citizens have that confidence in us and feel they are getting value from their Town government so they are willing to invest in the services we provide. In closing, I would like to recognize and commend the staff Leadership Team for their concerted efforts in putting this FY 09‐10 Proposed Budget together for Council consideration. The Leadership Team recognizes the challenges we face financially and they submitted conservative budget requests given this situation. Special recognition and thanks are due to Director of Finance, Debbie Piper, and Finance Assistant, Jaymi Ford, for their efforts in putting together this budget document. It has required long hours to make this not only a financial document, but a policy document that is easy for our citizens to read and understand. I appreciate their dedication and the effort they have invested in this process. Finally, my thanks and appreciation also go to the Town Council for the countless volunteer hours you invest in governing Westlake for the betterment of all. Sincerely yours, Thomas E. Brymer Town Manager/CEO Westlake Academy Resources Cited Collins, Jim, “Good to Great,” Why some Companies Make the Leap and Others Don’t, First Edition, 2001. Osborne, David, and Hutchinson, Peter, The Price of Government,” Getting the Results We Need in an Age of Permanent Fiscal Crisis, 2004. FY 09/10 Budget Overview Introduction The Town of Westlake’s 2009 fiscal year begins on October 1, 2009 and ends September 30, 2010. It provides the framework to implement the Town’s vision, mission and value statements as set out by the Town Council. The Town’s annual budget is prepared in the context of a five (5) year financial forecast. The proposed budget is submitted to the Council approximately thirty to forty five days before the beginning of the fiscal year for their consideration. The Town’s budget is set out by fund. It is designed to provide a clear picture of proposed Town spending, allocation of financial resources, and priorities as well as how they are set to carry out the policy direction of the Council. In addition to a fund format, this proposed budget is the beginning of efforts to show the allocation of the Town’s resources in concert with the Town’s strategic planning efforts. A “bottom‐up” approach is used to solicit input from the staff Leadership Team as to their operations’ needs with an approach that:  Identifies costs to provide the current level of services.  Identifies additional cost increases needed to maintain the current level of service.  Additional resources necessary to provide new or increased levels of service.  Delineates changes in fund balance levels for each fund. Expenditure Overview The following is an expenditure comparison by fund group showing:  Estimated fund expenditures for the current year FY 08/09  Base budget for FY 09/10 without cost/inflation increases  The additional funds (amount of base cost increases) necessary for FY09/10 to maintain the same level of service as in FY 08/09  The proposed base budget for FY 09/10 with those cost/inflation increases  Costs for new or expanded service costs for FY 09/10  The Proposed Budget for FY 09/10 with cost increases and certain recommended new or expanded level of service costs or new major maintenance or capital improvement projects. Fund Balance Summary Estimated rev 2 Maintain Expanded Savings or Proposed 09 vs 10 FY 08/09 FY 09/10 Current Level Level of Expenditure FY 09/10 Increase FUND TYPE Fund Balance Base of Service Service Reductions Fund Balance (Decrease) Fund Balance 2,771,739 3,904,487 0 0 0 3,904,487 1,132,749 Revenues 5,942,936 2,597,856 0 0 1,207,985 3,805,841 (2,137,095) Expenditures 4,810,187 4,016,855 16,350 557,189 0 4,590,394 (219,793) General Fund 3,904,487 2,485,488 16,350 557,189 1,207,985 3,119,934 (784,553) Fund Balance 512,793 483,162 0 0 0 483,162 (29,631) Revenues 851,100 588,600 0 0 138,800 727,400 (123,700) Expenditures 880,731 0 757,131 0 0 757,131 (123,600) 4B Fund 483,162 1,071,762 757,131 0 138,800 453,431 (29,731) Fund Balance 1,451,153 802,385 0 0 0 802,385 (648,768) Revenues 511,475 476,975 0 0 0 476,975 (34,500) Expenditures 1,160,243 375,190 0 331,781 0 706,971 (453,272) Visitors Fund 802,385 904,170 0 331,781 0 572,389 (229,996) Fund Balance 0 0 0 0 0 0 0 Revenues 0 0 0 0 161,000 161,000 161,000 Expenditures 0 0 0 161,000 0 161,000 161,000 SR Fund 0 0 0 161,000 161,000 0 0 Fund Balance 76,569 0 0 0 0 0 (76,569) Revenues 218,211 0 0 0 0 0 (218,211) Expenditures 294,780 0 0 0 0 0 (294,780) FM 1938 Fund 0 0 0 0 0 0 0 Fund Balance 62,059 54,609 0 0 0 54,609 (7,450) Revenues 16,550 16,550 0 0 0 16,550 0 Expenditures 24,000 24,000 0 0 0 24,000 0 Cemetery Fund 54,609 47,159 0 0 0 47,159 (7,450) Fund Balance 0 50,000 0 0 0 50,000 50,000 Revenues 64,000 ‐ 0 0 94,336 94,336 30,336 Expenditures 14,000 5,000 0 89,336 0 94,336 80,336 V&E Fund 50,000 45,000 ‐ 89,336 94,336 50,000 ‐ Fund Balance 505,665 1,035,665 0 0 0 1,035,665 530,000 Revenues 855,000 588,500 0 0 138,800 727,300 (127,700) Expenditures 325,000 ‐ 563,344 472,336 0 1,035,680 710,680 PTR Fund 1,035,665 1,624,165 563,344 472,336 138,800 727,285 (308,380) Fund Balance 13,459 13,559 0 0 0 13,559 100 Revenues 100 100 0 0 0 100 ‐ Expenditures ‐ ‐ 0 0 0 0 ‐ Lone Star Fund 13,559 13,659 ‐ ‐ ‐ 13,659 100 Fund Balance ‐ ‐ 0 0 0 ‐ ‐ Revenues 1,501,957 ‐ 0 0 1,499,750 1,499,750 (2,207) Expenditures 1,501,957 1,501,957 (2,207) 0 0 1,499,750 (2,207) Debt Fund ‐ (1,501,957) (2,207) ‐ 1,499,750 ‐ ‐ Fund Balance 121,510 230,445 0 0 0 230,445 108,935 Revenues 292,085 ‐ 0 0 590,500 590,500 298,415 Expenditures 183,150 ‐ 0 590,500 0 590,500 407,350 Capital Fund 230,445 230,445 ‐ 590,500 590,500 230,445 ‐ Fund Balance 3,111,961 0 0 0 0 0 (3,111,961) Revenues 1,444,833 ‐ 0 0 0 0 (1,444,833) Expenditures 4,556,794 ‐ 0 0 0 0 (4,556,794) A&S Fund 0 0 ‐ ‐ ‐ 0 ‐ Fund Balance 1,427,076 1,728,996 0 0 0 1,728,996 301,921 Revenues 2,334,250 2,285,000 0 0 246,766 2,531,766 197,516 Expenditures 2,032,329 1,887,245 154,837 283,512 0 2,930,593 898,264 Utility Fund 1,728,996 2,126,752 154,837 283,512 246,766 1,330,170 (398,827) Fund Balance 35,000 50,000 0 0 0 50,000 15,000 Revenues 15,000 ‐ 0 0 22,500 22,500 7,500 Expenditures ‐ ‐ 0 22,500 0 22,500 22,500 UMM Fund 50,000 50,000 ‐ 22,500 22,500 50,000 ‐ Fund Balance 35,000 50,000 0 0 0 50,000 15,000 Revenues 90,500 ‐ 0 0 23,000 23,000 (67,500) Expenditures 75,500 ‐ 0 23,000 0 23,000 (52,500) GMM Fund 50,000 50,000 ‐ 23,000 23,000 50,000 ‐ GRAND TOTAL 8,403,308 7,146,642 1,489,455 (2,531,154) 4,123,437 6,644,471 (1,758,837) It is important to note that a portion of the General Fund’s fund balance is proposed to be utilized in FY 09‐10 to balance this budget. This is due to the current economic climate that has resulted in declining revenues; particularly sales tax. Also, revenue has fallen from one‐time sources such as sales tax situs agreements, building permits from one‐time major economic development construction projects, as well as decreased building permits from a slow down in new residential construction. RReevveennuuee aanndd EExxppeennddiittuurree CCoommppaarriissoonn bbyy FFuunndd TTyyppee This summary comparison uses a similar format to the one above, but shows fund balance, revenues and expenditures by fund proposed for FY 09/10: Fund Type Beginning Fund Balance Revenues/ Transfers Expenditures/ Transfers Proposed FY09/10 Ending Fund Balance Governmental $ 3,904,487 $ 3,805,841 $ 4,590,394 $ 3,119,934 Special Revenue 2,439,379 2,203,661 2,779,118 1,863,922 Debt ‐ 1,499,750 1,499,750 ‐ Capital 230,445 590,500 590,500 230,445 Enterprise 1,728,996 2,531,766 2,930,593 1,330,170 Internal Services 100,000 45,500 45,500 100,000 GRAND TOTAL $ 8,403,308 $ 10,677,018 $ 12,435,855 $ 6,644,471 $‐ $1,000,000 $2,000,000 $3,000,000 $4,000,000 $5,000,000 $6,000,000 $7,000,000 GovernmentalSpecial RevenueDebtCapitalEnterpriseInternal Services Beginning Fund Balance Revenues/ Transfers Expenditures/ Transfers Proposed FY09/10 Ending Fund Balance RReeccoommmmeennddeedd SSeerrvviiccee LLeevveell AAddjjuussttmmeennttss This table provides a summary by fund of the service level adjustments (SLA’s) proposed for FY 09/10. There are two types of SLA’s used in this budget to track cost increases. First is an SLA that maintains the current service level. That is, it contains funding to deal with cost/inflation increases that represent new cost, but continues to provide the current level of service. The second type of SLA identified tracks all costs (minus associated revenues) of providing a new or expanded level of service. Dept Fund Maintain Expanded Savings or TOTAL Current Level Level of Expenditure of Service Service Reductions 100 General Fund $ 16,350 $ 557,189 $ 1,207,985 $ 634,446 200 4B E/D Fund 757,131 ‐ 138,800 (618,331) 220 Visitor Fund ‐ 331,781 ‐ (331,781) 250 Special Revenue Fund ‐ 161,000 161,000 ‐ 252 FM1938 Fund ‐ ‐ ‐ ‐ 255 Cemetery Fund ‐ ‐ ‐ ‐ 257 Vehicle & Equipment Fund ‐ 89,336 94,336 5,000 260 Property Tax Reduction Fund 563,344 472,336 138,800 (896,880) 418 Lone Star Fund ‐ ‐ ‐ ‐ 300 Debt Service Fund (2,207) ‐ 1,499,750 1,501,957 410 Capital Project Fund ‐ 590,500 590,500 ‐ 411 Arts & Science Fund ‐ ‐ ‐ ‐ 500 Utility Fund 154,837 283,511 246,766 (191,583) 510 Utility Major Maint Fund ‐ 22,500 22,500 ‐ 600 General Major Maint Fund ‐ 23,000 23,000 ‐ GRAND TOTAL $ 1,489,455 $ 2,531,154 $ 4,123,437 $ 102,829 PROJECTED FUND BALANCES ALL SOURCES FISCAL YEAR 2009‐2010 Projected Projected Projected Projected Beginning Revenues Expenditures Ending Fund and Other and Other Fund Percent Balance Funding Funding Net Balance of all Funds 10/1/2009 Sources Uses Change 9/30/2010 Funds General Fund $ 3,904,487 $ 3,805,841 $ 4,590,394 $ (784,553) $ 3,119,934 47% 4B Economic Development 483,162 727,400 757,131 (29,731) 453,431 7% Visitors Association 802,385 476,975 706,971 (229,996) 572,389 9% Special Revenues ‐ 161,000 161,000 ‐ ‐0% FM1938 ‐ ‐‐‐ ‐0% Cemetery 54,609 16,550 24,000 (7,450) 47,159 1% Vehicle/Equipment 50,000 94,336 94,336 ‐ 50,000 1% Property Tax Reduction 1,035,665 727,300 1,035,680 (308,380) 727,285 11% Debt Service ‐ 1,499,750 1,499,750 ‐ ‐0% Capital Projects 230,445 590,500 590,500 ‐ 230,445 3% Arts & Sciences 0 ‐‐‐ 0 0% Lone Star 13,559 100 ‐100 13,659 0% Utility 1,728,860 2,531,766 2,930,593 (398,827) 1,330,033 20% Utility Major Maint 50,000 22,500 22,500 ‐ 50,000 1% General Major Maint 50,000 23,000 23,000 ‐ 50,000 1% TOTAL $ 8,403,172 $ 10,677,018 $ 12,435,855 $ (1,758,837) $ 6,644,334 100% General Fund, 47% 4B Economic Development, 7%Visitors Association, 9% Special Revenues, 0% FM1938 , 0% Cemetery , 1% Vehicle/Equipment, 1% Property Tax Reduction, 11% Debt Service, 0% Capital Projects, 3% Arts & Sciences, 0% Lone Star, 0% Utility, 20% Utility Major Maint, 1%General Major Maint, 1% PROJECTED EXPENDITURES ALL SOURCES FISCAL YEAR 2008‐2009 Expenses GF 100 4B 200 VA 220 SRF 250 CF 255 VE 257 PTR 260 DS 300 CP 410 UF 500 UM 510 GM 600 TOTAL Payroll Salaries 1,522,512 ‐ 140,629 ‐ ‐ ‐ ‐ ‐ ‐ 169,119 ‐ ‐ 1,832,259 Payroll Related 441,219 ‐ 42,105 ‐ ‐ ‐ ‐ ‐ ‐ 55,165 ‐ ‐ 538,489 Supplies 177,403 ‐ 33,350 65,000 9,000 ‐ ‐ ‐ ‐ 7,717 ‐ ‐ 92,470 Services 1,431,648 ‐ 174,475 ‐ 9,000 ‐ ‐ 1,500 ‐ 1,415,544 ‐ ‐ 3,032,166 Insurance 28,052 ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ 6,439 ‐ ‐ 34,491 Maintenance 236,342 ‐ ‐ ‐ 6,000 ‐ ‐ ‐ ‐ 83,400 ‐ ‐ 325,742 Rent Utilities 248,261 ‐ 34,137 ‐ ‐ ‐ ‐ ‐ ‐ 111,805 ‐ ‐ 394,203 Eco Dev Incentives 488,327 ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ 488,327 Capital Outlay 8,581 ‐ ‐ 96,000 ‐ 94,336 ‐ ‐ ‐ 59,000 ‐ ‐ 257,917 Capital Projects ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ 590,500 605,000 22,500 23,000 1,241,000 IFA Debt ‐ ‐ ‐ ‐ ‐ ‐ ‐ 1,498,250 ‐ 274,904 ‐ ‐ 1,773,154 Total w/o Transfers 4,582,344 ‐ 424,696 161,000 24,000 94,336 ‐ 1,499,750 590,500 ,788,093 22,500 23,000 10,210,219 Percent of total revenue 44.88% 0.00% 4.16% 1.58% 0.24% 0.92% 0.00% 14.69% 5.78% 27.31% 0.22% 0.23% 100% Transfers Out 8,050 757,131 282,275 ‐ ‐ ‐ 1,035,680 ‐ ‐ 142,500 ‐ ‐ 2,225,636 Fund Totals 4,590,394 757,131 706,971 161,000 24,000 94,336 1,035,680 1,499,750 590,500 2,930,593 22,500 23,000 12,435,855 Payroll/Salaries 18% Payroll Related 3% Supplies 3% Services 30% Insurance 0% Maintenance 3% Rent & Utilities 4% ED Incentives 5% Capital Outlay 3% Transfers Out 18%IFA/Debt 17% PROJECTED REVENUES ALL SOURCES FISCAL YEAR 2008‐2009 Revenues GF 100 4B 200 VA 220 SRF 250 CF 255 VE 257 PTR 260 DS 300 CP 410 LS 418 UF 500 UM 510 GM 600 TOTAL General Sales Tax 1,452,600 726,300 ‐ ‐ ‐ ‐ 726,300 ‐ ‐ ‐ ‐ ‐ ‐ 2,905,200 Contributions 100,000 ‐ ‐ ‐ ‐ ‐ ‐ ‐ 430,500 ‐ ‐ ‐ ‐ 530,500 Beverage Tax 17,750 ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ 17,750 Franchise Fees 646,675 ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ 646,675 Permits & Fees 505,220 ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ 505,220 Inter Governmental 180 ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ 180 Fines & Forfeits 547,460 ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ 547,460 Investment Earnings 11,200 1,100 3,700 ‐ ‐ ‐ 1,000 ‐ ‐ 100 3,600 ‐ ‐ 20,700 Misc Income 106,756 ‐ 23,275 ‐ 3,000 ‐ ‐ ‐ ‐ ‐ 8,000 ‐ ‐ 141,031 Grants ‐ ‐ ‐ 152,950 ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ 152,950 Charge for Services ‐ ‐ ‐ ‐ 13,550 ‐ ‐ ‐ ‐ ‐ 2,520,166 ‐ ‐ 2,533,716 Hotel Tax Revenues ‐ ‐ 450,000 ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ 450,000 Total w/o Transfers In 3,387,841 727,400 476,975 152,950 16,550 0 727,300 ‐ 430,500 100 2,531,766 ‐ ‐ 8,451,382 Percent of total revenue 40% 9% 6% 2% 0% 0% 9% 0% 5% 0% 30% 0% 0% 100.00% Transfers In 418,000 0 0 8,050 0 94,336 0 1,499,750 160,000 0 0 22,500 23,000 2,225,636 Fund Totals 3,805,841 727,400 476,975 161,000 16,550 94,336 727,300 1,499,750 590,500 100 2,531,766 22,500 23,000 10,677,018 General Sales Tax 34% Contributions 6% Franchise Fees 8% Permits & Fees 6% Fines & Forfeits 7% Misc Income 2% Grants 2% Charge for Services 30% Hotel Tax Revenues 5% See table below for detailed Transfers In and Transfers Out for all Funds: General Fund monies proposed to be transferred are one‐time revenues (i.e. – not occurring annually) TRANSFERS OUT AND TRANSFERS IN – ALL FUNDS General Fund 118,000 Transfer In from Utility Fund 300,000 Transfer In from Property Tax Reduction Fund ‐ Transfer In from Visitor Association Fund $ 418,000 Total Transfers In ‐ Transfer Out to General Major Maintenance 8,050 Transfer Out to Special Revenue Fund $ 8,050 Total Transfers Out 4B Economic Development Fund 757,131 Transfer Out to Debt Service Fund $ 757,131 Total Transfers Out Visitor Association Fund ‐ Transfer Out to General Fund 179,275 Transfer Out to Debt Service Fund 100,000 Transfer Out to Capital Projects 3,000 Transfer Out to Vehicle /Equipment Replacement Fund $ 282,275 Total Transfers Out Special Revenue Fund 8,050 Transfer Out to General Fund $ 8,050 Total Transfers In Vehicle & Equipment Fund 89,336 Transfer In from Property Tax Reduction Fund 2,000 Transfer in from Utility Fund 3,000 Transfer in from Visitors Association Fund $ 94,336 Total Transfers In Property Tax Reduction Fund 300,000 Transfer Out to General Fund 563,344 Transfer Out to Debt Service Fund 23,000 Transfer Out to General Major Maintenance Fund 89,336 Transfer Out to Vehicle/Equipment Replacment Fund 60,000 Transfer Out to Capital Projects $ 1,035,680 Total Transfers Out Debt Service Fund 757,131 Transfer In from 4B Economic Development Fund 563,344 Transfer In from Property Tax Reduction Fund 179,275 Transfer In from Visitor Association Fund $ 1,499,750 Total Transfers In Utility Fund 118,000 Transfer Out to General Fund 22,500 Transfer Out to Utility Major Maintenance Fund 2,000 Transfer Out to Vehicle/Equipment Replacement Fund $ 142,500 Total Transfers Out Utility Major Maint Fund 22,500 Transfer In from Utility Fund $ 22,500 Total Transfers In General Major Maint Fund 23,000 Transfer In from Property Tax Reduction Fund ‐ Transfer In from General Fund $ 23,000 Total Transfers In SSttaaffffiinngg LLeevveellss//SSaallaarryy && WWaaggee AAssssoocciiaatteedd CCoossttss Overall staffing for the Town in FY 09‐10 is proposed to remain the same. One position has been eliminated in the Fire/Emergency Services Department (Director of Public Safety) and one position is proposed to be added to support human resources, facility maintenance, and development review/planning. Department Position Addition Planning & Zoning New administrative clerk .33 Human Resources New administrative clerk .33 Maintenance/Facilities New administrative clerk .33 Total Proposed New Positions FY 09/10 1.00 Salary costs have been budgeted at an overall average of 2.4% market increase to help municipal employees track market. However, the percentage of market movement will vary by position depending on where the position falls within the pay market. No performance pay is proposed for FY 09/10. A detailed listing of all positions by department is located in the appendix. FFiissccaall YYeeaarr 22000088//22000099 GGeenneerraall FFuunndd DDeeppaarrttmmeennttaall SSuummmmaarriieess The General Fund, as the name indicates, funds many of the Town’s general municipal services. As such, it is the Town’s primary fund with a variety of funding sources which finance many primary services. Half of the Town’s sales tax, all development and permit fees, franchise fees, citation revenue, and miscellaneous other revenues support this fund. The Town’s one‐half cent sales tax that supports the General Fund is projected to decrease in FY 09‐10 based on the current year receipts. For that reason it is proposed to transfer $300,000 of funding from the Property Tax Reduction Fund sales tax to off‐set the under‐performance of the regular half cent municipal sales tax and cover operating expenditures in FY 09/10. The General Fund is responsible for all administrative expenditures, including non‐enterprise and non‐Visitor Association personnel. Expenditures out of the General Fund also include building and code compliance, municipal court, emergency services, public works, facilities maintenance (including Westlake Academy), parks and recreation, consulting, finance, and human resources. Before reviewing each department’s initiatives for FY 09/10, it should be noted that each member of the Leadership Team has assigned responsibilities related to achievements targeted in the Town’s Strategic Plan. This is in addition to Leadership Team members’ department operational responsibilities. For the FY 09/10 Proposed Budget, the following is a summary description of major areas of emphasis or service level adjustments by department:  Administrative (Dept 11) This department provides executive management leadership in terms of coordination and leadership of the Town’s operations. Major areas of emphasis and/or service level adjustments for FY 09/10 for this department are proposed to include:  Implementation of the recently adopted Town strategic plan along with the development of a complimentary Academy strategic plan limited to outcome measures  Compiling a plan for addressing the strategic outcome identified in the Town’s strategic plan, “financial sustainability for the Town of Westlake, including Westlake Academy”.  Improving and implementing the Town’s capital improvement budgeting process  Take next steps in on‐going continuous improvement process to develop a more programmatic budget tied to strategic plan  Pursuing continued development of the “Governing and Managing for Outcomes” structure for the Town described in the transmittal letter for this budget  Continued emphasis on improving citizen outreach and communication  Planning and Zoning (Dept 12) The Building/Code Compliance Department focuses on all aspects of planning, development review, inspection, and administration of the Town’s building and development codes. In FY 09/10 this department will include areas of focus and service delivery that includes:  Updating the Town’s entire comprehensive plan including land use, thorough fare plan, open space, water/sewer, and streetscape master plans  Implementation of the Town’s recently adopted oil/gas drilling and production ordinance.  Overseeing the development and construction of the approximate $300 million Deloitte University project.  Developing various amendments for the Town’s zoning and development related ordinances  Town Secretary (Dept 13) The Town Secretary's Office maintains all official Town records, conducts Town elections; attends the Town Council, Board of Trustee, the Texas Student Housing Authority, and numerous Town advisory boards. Major initiatives and service level adjustments for this department in FY 09/10 are proposed to include:  Exploring options for continued implementation of paperless packets for Council and extending this to Planning and Zoning packets  Conduct a records inventory for the Town Secretary office and create a records control system  Electronic imaging of Town and Academy permanent records  Continued staff support of assigned advisory boards, Council, Board of Trustees, and the Texas Student Housing Authority (TSHA)  Fire/Emergency Services (Dept 14) This department contains programs and costs related to meeting the Town’s fire, police, and emergency medical services needs. FY 09/109 provides the following highlights for this department:  Continued enhancement of public education/prevention programs to extend to all family members  Development of management systems and standard operating procedures designed to improve daily operations and maintain service levels  Pursuing grant opportunities for equipment and facility improvement.  Municipal Court (Dept 15) This department provides the Town with professional legal adjudication services in an integral manner for Town residents and those using the Court’s services, all done with a high level of customer service. In FY 09/10 the department will:  Proactively pursue collection of outstanding fines utilizing part‐time temporary employees to monitor extended payment plans and other alternative collection opportunities  Benchmark collection rates for this court with industry and area standards  Utilizing MDT technology, aggressively pursue office and field collection of outstanding warrants  Public Works (Dept 16) The Public Works Department oversees planning and maintenance of the Town’s infrastructure including its street system, drainage ways, traffic operations, duct bank, solid waste collections, and water and sewer utility. Additionally, this department is responsible for oversight of major maintenance projects and capital projects for these areas of the Town’s infrastructure. In FY 09/10 new areas of focus for this department include:  Completing N‐1 sewer line transfer to the Trinity River Authority  Monitoring the success of solid waste collection initiatives that focus on recycling and improved efficiencies  Overseeing capital improvement projects relating to FM 1938, its streetscape, as well as the water and sewer system  Facilities/Maintenance (Dept 17) Facilities Maintenance is responsible for oversight of all planning and management related to maintaining the Town’s buildings and physical plant. This responsibility includes oversight of the maintenance of the Town’s $18 million Westlake Academy civic complex. This department in FY 09/10 will:  Management of the recently completed Westlake Academy Arts & Sciences Center  Facilities Plan to be developed to guide funding of general major maintenance fund  Support planning efforts on updating the Town’s comprehensive plan  Finance (Dept 18) Finance Department provides services that include accounts payable/receivable, utility billing, permitting, and records management for the Town, Westlake Academy and Westlake Academy Foundation. In FY 09/10, this department will:  For the third year, pursue and receive the Government Finance Officers Association Distinguished Budget Presentation Award  Examine sales tax payer records and possible hotel/motel tax receipts audit  Facilitate conversion of Town and Academy budgets to program formats  Receive an unqualified audit opinion  Submit the FY 08‐09 Comprehensive Annual Financial Report (CAFR) for GFOA recognition  Continue to provide financial management support to Westlake Academy operations  Parks and Recreation (Dept 19) The Parks & Recreation Department is responsible for maintaining and managing the Town’s trail system, parks, parks planning, and special events. This department will pursue the following areas of focus in FY 09/10:  Support updating of comprehensive plan as it relates to parks, open space and trails.  Implementation of the Terra Bella open space/trail system  Guide creation and implementation of cemetery master plan  Additional staff support position shared with Planning and Zoning and Parks/Facilities Departments. This support person is contingent upon review of revenues at mid‐year.  Information Technology (Dept 20) The Department of Information Technology has as its central focus support of all the Town’s municipal information technology systems including software and hardware. This includes overseeing software and hardware contracts for third party vendors as well as planning for IT functions, their hardware replacement needs, and software/security support. During FY 09/10 this Department will pursue:  Improved IT service delivery to Town departments and Westlake Academy via usage of internal staff in lieu of out‐sources services  Continued emphasis on use of IT to improve delivery of Town services  Develop a 5 year technology plan  Replacing critical IT system infrastructure originally installed in 2003 when Westlake Academy was constructed  Human Resources/Administrative Services (Dept 21) The HR/Administrative Services Department is a new department in the FY 09/10 budget, as it was formerly integrated within the Finance Department. This department provides services to external customers as well as internal operations of the Town of Westlake and Westlake Academy. These services include all HR functions, Payroll, Benefit Administration and Risk Management. In FY 09/10 recommended service level adjustments for this department include:  Complete a comprehensive compensation plan based on the organizations vision, mission and values  Improve integration of Westlake Academy human resources operations to Town.  Additional staff support position shared with Planning and Zoning and Parks/Facilities Departments. FFiissccaall YYeeaarr 22000099//22001100 ‐‐ FFuunndd SSuummmmaarriieess  Utility Fund The Utility Fund is responsible for all water, sewer, and telecommunications duct bank service in the Town. The water and sewer services have become more efficient with the inclusion of the Town’s Supervisory Control and Data Acquisition (SCADA) system and pressure release valves. The Town continues to use these new technologies to control inflows into our storage facilities and minimize the annual peak payment charges to the City of Fort Worth. In FY 08/09 a solid waste cost center was created in this fund to charge the solid waste collection fees the Town began collecting recently for its residential solid waste collection franchisee. Capital projects funded by the Utility Fund are described in the capital improvements portion of this overview. The revenues for this fund were estimated based upon a water and sewer rate increase that was approved by the Town Council and went into effect in January 2009. The purpose of this rate increase is to fully recover all system costs as well as provide for capital improvements and maintenance of our water and sewer utility.  Visitors Association Fund The Visitor’s Association Fund was established in late FY 1999/2000 and collects a 7% hotel occupancy tax from the Marriott Solana and any future Westlake hotels. FY 2004/2005 saw the launch of a new program in partnership with the Marriott to operate a shuttle service to deliver and return Marriott visitors to DFW Airport. There are also funds proposed to be used for marketing and communication efforts of the Town. It is also proposed in FY 09/10 to utilize monies from this fund to pay debt service expenditures for the $2.5 bond issue to construct the Sam and Margaret Lee Arts &Sciences Center at Westlake Academy.  Property Tax Reduction Fund The Westlake Property Tax Reduction (PTR) Fund will continue to receive its funding from a ½ cent sales tax levy that was formerly earmarked for the 4A Economic Development Corporation. The purpose of this fund is to reduce local property tax rates throughout Texas by providing cities with an additional unrestricted revenue source. In Westlake’s case, this fund will mitigate economic pressure to adopt a local property tax. These funds may be used for general Town expenditures and in FY 09/10 it is proposed to use these funds to fund a portion of debt service, equipment replacement and major maintenance as well as a portion of the General Fund operations.  4B Economic Development Fund The 4B Economic Development Fund collects a ½ cent sales tax to be used for qualified development projects. The 4B Fund has been committed to the repayment of the debt incurred for the Town’s Civic Campus project.  Cemetery Fund The Cemetery program includes all operations associated with the 5.5 acre cemetery located on J.T. Ottinger Road. This includes interment, lot sales, record keeping, and all maintenance associated with the grounds, fence tree and flower beds.  FM1938 Fund This is a Texas Department of Transportation project which staff felt justified setting up a separate fund to track pass‐through expenditures and contributions from other cities associated with this project.  Debt Service Fund The Debt Service Fund was created to clearly illustrate the Town’s debt service picture. The Town’s debt obligations are consolidated into one fund with payments being transferred from 4B Economic Development Fund and the Visitors Association Fund for the payment of our original two issues of certificates of obligation, the bond refunding in relation to the construction of the Civic Campus, as well as the $2.5 million in G.O. Bonds issued in FY 07‐08. Future CO’s and General Obligation debt issuances will be paid from this fund.  Capital Projects Fund This fund tracks the infrastructure and building projects funded with general fund operating transfers, intergovernmental revenue, bond funds and other special fund sources. Capital projects are those projects over $25,000 that may extend over one fiscal year to complete and reflect multiple expense categories such as engineering, design and construction. All capital projects illustrate not only the expenditure and revenue sources, but ongoing operations impact.  Arts and Sciences Center Fund This capital project was set up in its own fund due to the number and complexity of the funding sources. This capital project will be completed by the end of FY 08/09.  Vehicle & Equipment Fund The Vehicle and Equipment Fund (V&E) was created to provide a mechanism for long term repair and replacement of vehicles and large major equipment. The V&E Fund receives planned portions of revenues from the General Fund to set aside for future vehicle and equipment repairs and replacement. This helps to avoid future funding shortfalls and forces a more conservative pattern of spending in light of uncertain future revenues.  General Major Maintenance Fund The General Major Maintenance Fund (General MMF) was created to provide a mechanism for long term repair and replacement of large capital assets such as HVAC, walls floors and ceilings, plumbing, electric, roadways, etc. The General MMF receives planned portions of revenues from each operating fund that owns and maintains capital assets to set aside for future capital repair and replacement. This helps to avoid future bond programs and forces a more conservative pattern of spending in light of uncertain future revenues.  Utility Major Maintenance Fund The Utility Major Maintenance Fund (Utility MMF) was created to provide a mechanism for long term repair and replacement of large capital assets such as pump stations, lift stations, elevated and ground storage facilities, etc. The Utility PCMF receives planned portions of revenues from the Utility Fund to set aside for future capital repair and replacement. This helps to avoid future bond programs and forces a more conservative pattern of spending in light of uncertain future revenues. Capital Improvements and Major Maintenance Projects In FY 09‐10, the following capital improvement projects and major maintenance projects are proposed for funding: Capital Projects Fund 410  Water Well for the Civic Campus ‐ $60,000 This project will provide water for the Civic Campus which includes 70 irrigation zones for the soccer field, football field and Phase One of the Civic Campus. FY 08‐09 water bill estimated at $18K. This well should reduce expenditures by approximately $12K.  West Dove Road Trail Connection to JT Ottinger Road ‐ $5,500 This $5K will be for engineering on this project. It will connect the trail that will terminate at the southwest corner of the Deloitte project and extend northward to JT Ottinger. This project is contingent upon grant proceeds.  Deloitte Trail Connection Project on Dove Road ‐ $425,000 Connect the trail from the Deloitte project to Vaquero current trails. Hillwood Development will fund up to $1.5M for Dove Road improvements.  FM 1938 Streetscape/Wayfinding ‐ $100,000 This five (5) year project will consist of the design and construction of landscape and hard hardscape improvements to the FM 1938 corridor from SH 114 south to Randol Mill Road, including sidewalks, trailheads, signage, rest areas, plantings, and entry monuments. Utility Fund 500  Stagecoach Hills Waterline Connection ‐ $300,000 This project will consist of constructing a waterline to Stagecoach Hills from the existing pump station or from the existing 20” waterline and the replacement of lines within the subdivision itself.  N‐1 Sewer Line transfer ‐ $185,000 This project is intended to transfer ownership of a section of sewer line from Westlake and Southlake to TRA. It includes the design and construction of a metering station with SCADA equipment at the proposed Town of Westlake “Point of Entry”. Assumption of the N‐1 sewer line will require the design and construction of a metering station with SCADA equipment at the proposed Town of Westlake "Point of Entry". Westlake will be required to conduct an extensive inflow and infiltration study and perform repairs (See separate capital improvement project below)  N‐1 Sewer Line Transfer/Inflow & Infiltration Repairs ‐ $120,000 As a condition of the N‐1 sewer line transfer, Westlake is required to conduct an extensive inflow and infiltration study. The study will identify repairs needing to be completed prior to the transfer. General Major Maintenance Fund 600  Westlake Academy – Replace carpet ‐ $13,000 To purchase and replace the carpet in the performance hall and in two class rooms.  Westlake Academy – Exterior paint and wood treatment and replacement ‐ $10,000 All the exterior wood requires sealing every three years. One building is completed annually to minimize the cost impact on the general fund. Utility Major Maintenance Fund 510  Westlake Academy – Exterior Environmental Irrigation ‐ $15,000 Replace the current irrigation heads located on the south side of the Civic Campus with low flow heads to conserve water. 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 Town of Westlake Item #7 - Future Agenda Items COUNCIL CALENDAR - Town of Westlake Arbor Day Celebration o September 26, 2009, 4 p.m., Glenwyck Farms Park - Town Council Workshop and Regular meeting o October 5, 2009 - Texas Municipal League Annual Conference (Fort Worth) o October 20-23, 2009 - Town Council Workshop and Regular meeting o October 26, 2009 - Town Council Workshop and Regular meeting o November 9, 2009 - Vaquero Baja (fundraiser for the Academy) o November 16, 2009, 3:30 p.m. - Westlake Tree Lighting - TBD o December 3, 2009 - Town Council Workshop and Regular meeting o December 14, 2009 Town of Westlake Item # 8 – Council Calendar Town of Westlake Item # 9 – Adjournment Back up material has not been provided for this item.