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HomeMy WebLinkAbout08-28-17 TC Agenda PacketThe Regular Meeting of the Town of Westlake Town Council will begin immediately following the conclusion of the Town Council Work Session but not prior to the posted start time. Mission Statement Westlake is a unique community blending preservation of our natural environment and viewscapes, while serving our residents and businesses with superior municipal and academic services that are accessible, efficient, cost-effective, and transparent. Westlake, Texas – “One-of-a-kind community; natural oasis – providing an exceptional level of service.” Page 1 of 6 TOWN OF WESTLAKE, TEXAS Vision Statement An oasis of natural beauty that maintains our open spaces in balance with distinctive development, trails, and quality of life amenities amidst an ever expanding urban landscape. TOWN COUNCIL MEETING AGENDA August 28, 2017 1500 Solana Boulevard Building 7, Suite 7100 1st Floor, Council Chamber Westlake, TX 76262 Workshop Session: 5:00 p.m. Regular Session: 6:30 p.m. Page 2 of 6 Work Session 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. EMPLOYEE RECOGNITION OF MUNICIPAL STAFF. 4. REVIEW OF CONSENT AGENDA ITEMS FOR THE TOWN COUNCIL REGULAR MEETING AGENDA. 5. DISCUSSION ITEMS a. Presentation, discussion and update regarding the Entrada development. b. Presentation and discussion of proposed amendments to the right-of-way ordinance including the participation with other Texas cities in the litigation challenging Senate Bill 1004. c. Update and Discussion of the Proposed 2017-2018 Municipal Budget and provide any additional direction prior to the adoption on September 11, 2017. d. Presentation and discussion regarding the Town Lighting regulations. e. Standing Item: Presentation and discussion of development projects per Staff June and July 2017 report, June and July 2017 Entrada report from the Developer and projects in Planned Development PD 3-5. 6. EXECUTIVE SESSION The Council will conduct a closed session pursuant to Texas Government Code, annotated, Chapter 551, Subchapter D for the following: a. Section 551.071. Consultation with Attorney (1) when the governmental body seeks the advice of its attorney about: (A) pending or contemplated litigation: Cause No. 348-290326-17 - Neil and Janelle McNabnay, Colin and Melanie Stevenson, Yair and Sandra Lotan, Jay and Jana Still, Biswajit and Chandrika Dasgupta, Michael and Michelle Granfield, Michael and Stef Mauler, Rudy and Christy Renda, David and Jenn Riley, Joseph Mohan and Maria De Leon, Roberto Arandia, and Patrick and Erin Cockrum (collectively, "Plaintiffs") vs. Town of Westlake b. Section 551.087 Deliberation Regarding Economic Development Negotiations (1) to discuss or deliberate regarding commercial or financial information that the governmental body has received from a business prospect that the governmental body seeks to have locate, stay, or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development negotiations; or (2) to deliberate the offer of a financial or other incentive to a business prospect described by Subdivision (1) for the following: - Maguire Partners-Solana Land, L.P., related to Centurion’s development known as Entrada and Granada - Project Lynx - CS Kinross Lake Parkway, a Delaware limited liability company, its affiliate Charles Schwab & Co., Inc. Page 3 of 6 c. Section 551.071 (2) Consultation with Attorney on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with this chapter: Trophy Club Municipal District No. 1 d. Section 551.071 (2) Consultation with Attorney on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with this chapter: Water contract 7. RECONVENE MEETING 8. COUNCIL RECAP / STAFF DIRECTION 9. ADJOURNMENT Regular Session 1. CALL TO ORDER 2. ITEMS OF COMMUNITY INTEREST: Mayor and Council Reports on Items of Community Interest pursuant to Texas Government Code Section 551.0415 the Town Council may report on the following items: (1) expression of thanks, congratulations or condolences; (2) information about holiday schedules; (3) recognition of individuals; (4) reminders about upcoming Town Council events; (5) information about community events; and (6) announcements involving imminent threat to public health and safety. 3. CITIZEN COMMENTS: This is an opportunity for citizens to address the Council on any matter whether or not it is posted on the agenda. The Council cannot by law take action nor have any discussion or deliberations on any presentation made to the Council at this time concerning an item not listed on the agenda. The Council will receive the information, ask staff to review the matter, or an item may be noticed on a future agenda for deliberation or action. 4. CONSENT AGENDA: All items listed below are considered routine by the Town Council and will be enacted with one motion. There will be no separate discussion of items unless a Council Member or citizen so requests, in which event the item will be removed from the general order of business and considered in its normal sequence. a. Consider approval of the minutes from the meeting on June 19, 2017. b. Consider approval of the minutes from the meeting on August 9, 2017. c. Consider approval of Ordinance 831, Appointing the Clerk of the Court for the Municipal Court Of Record No. 1. d. Consider approval of Resolution 17-30, agreement with Brown Reynolds Watford Architects to provide professional architectural design services for the Town of Westlake Fire/EMS Station No. 1 and authorize the Town Manager to make funding changes not to exceed $25,000 on this project. Page 4 of 6 e. Consider approval of Resolution 17-31, Approving amendments to the Town of Westlake Personnel Manual. f. Consider approval of Resolution 17-32, Authorizing the participation of the Town of Westlake with other Texas cities in the litigation challenging senate bill 1004 authorizing payment of $0.15 per resident according to the 2010 census; authorizing an agreement with Bickerstaff Heath Delgado Acosta LLP for representation in said litigation and for other reasonable and necessary steps. g. Consider approval of Ordinance 832, Amending Chapter 2, “Administration” updating the Fee and Use schedule. h. Consider approval of Ordinance 833, Amending Chapter 18, “Buildings and Building Regulations by adding sections 18-3, adding requirements for construction site conditions. i. Consider approval of Resolution 17-33, Amending the wholesale water contract with the City of Fort Worth for the construction of a 30” waterline. 5. CONDUCT A PUBLIC HEARING AND CONSIDERATION OF RESOLUTION 17-34, APPROVING A FINAL PLAT FOR PHASE 2B OF THE QUAIL HOLLOW SUBDIVISION. THE PROPERTY INCLUDED IN THE FINAL PLAT IS A PORTION OF THE APPROVED 188.28-ACRE PRELIMINARY PLAT LOCATED AT 1755 DOVE ROAD, SOUTHEAST CORNER OF THE FM 1938/DOVE ROAD INTERSECTION. 6. CONDUCT A PUBLIC HEARING AND CONSIDERATION OF RESOLUTION 17-35, APPROVING A SITE PLAN LOCATED IN THE GU-GOVERNMENT USE ZONING DISTRICT FOR A 5.03 ACRE TRACT LOCATED AT THE NORTHWEST CORNER OF DAVIS BLVD (FM 1938) AND DOVE ROAD. THE PURPOSE OF THE SITE PLAN IS TO APPROVE THE CONSTRUCTION OF A NEW FIRE STATION. 7. DISCUSSION AND CONSIDERATION OF ORDINANCE 834, ORDINANCE AMENDING CHAPTER 78, STREETS, SIDEWALKS, AND OTHER PUBLIC PLACES OF THE TOWN’S CODE OF ORDINANCES AND CREATING CHAPTER 79, RIGHT OF WAY MANAGEMENT. 8. EXECUTIVE SESSION The Council will conduct a closed session pursuant to Texas Government Code, annotated, Chapter 551, Subchapter D for the following: a. Section 551.071. Consultation with Attorney (1) when the governmental body seeks the advice of its attorney about: (A) pending or contemplated litigation: Cause No. 348-290326-17 - Neil and Janelle McNabnay, Colin and Melanie Stevenson, Yair and Sandra Lotan, Jay and Jana Still, Biswajit and Chandrika Dasgupta, Michael and Michelle Granfield, Michael and Stef Mauler, Rudy and Christy Renda, David and Jenn Riley, Joseph Mohan and Maria De Leon, Roberto Arandia, and Patrick and Erin Cockrum (collectively, "Plaintiffs") vs. Town of Westlake b. Section 551.087 Deliberation Regarding Economic Development Negotiations (1) to discuss or deliberate regarding commercial or financial information that the governmental body has received from a business prospect that the governmental body seeks to have locate, stay, or expand in or near the territory of the governmental body and with which the governmental body is Page 5 of 6 conducting economic development negotiations; or (2) to deliberate the offer of a financial or other incentive to a business prospect described by Subdivision (1) for the following: - Maguire Partners-Solana Land, L.P., related to Centurion’s development known as Entrada and Granada - Project Lynx - CS Kinross Lake Parkway, a Delaware limited liability company, its affiliate Charles Schwab & Co., Inc. c. Section 551.071 (2) Consultation with Attorney on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with this chapter: Trophy Club Municipal District No. 1 d. Section 551.071 (2) Consultation with Attorney on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with this chapter: Water contract 9. RECONVENE MEETING 10. TAKE ANY ACTION, IF NEEDED, FROM EXECUTIVE SESSION ITEMS. 11. 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. Page 6 of 6 12. ADJOURNMENT ANY ITEM ON THIS POSTED AGENDA COULD BE DISCUSSED IN EXECUTIVE SESSION AS LONG AS IT IS WITHIN ONE OF THE PERMITTED CATEGORIES UNDER SECTIONS 551.071 THROUGH 551.076 AND SECTION 551.087 OF THE TEXAS GOVERNMENT CODE. CERTIFICATION I certify that the above notice was posted at the Town Hall of the Town of Westlake, 1500 Solana Blvd., Building 7, Suite 7100, Westlake, TX 76262, August 23, 2017, by 5:00 p.m. under the Open Meetings Act, Chapter 551 of the Texas Government Code. _____________________________________ 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. Town Council Item # 2 – Pledge of Allegiance Texas Pledge: "Honor the Texas flag; I pledge allegiance to thee, Texas, one state under God, one and indivisible." 3. EMPLOYEE RECOGNITION OF MUNICIPAL STAFF. Town Council Item # 3 – Entrada Development No supporting documentation REVIEW OF CONSENT AGENDA ITEMS FOR THE TOWN COUNCIL REGULAR MEETING AGENDA. a. Consider approval of the minutes from the meeting on June 19, 2017. b. Consider approval of the minutes from the meeting on August 9, 2017. c. Consider approval of Ordinance 831, Appointing the Clerk of the Court for the Municipal Court Of Record No. 1. d. Consider approval of Resolution 17-30, agreement with Brown Reynolds Watford Architects to provide professional architectural design services for the Town of Westlake Fire/EMS Station No. 1 and authorize the Town Manager to make funding changes not to exceed $25,000 on this project. e. Consider approval of Resolution 17-31, Approving amendments to the Town of Westlake Personnel Manual. f. Consider approval of Resolution 17-32, Authorizing the participation of the Town of Westlake with other Texas cities in the litigation challenging senate bill 1004 authorizing payment of $0.15 per resident according to the 2010 census; authorizing an agreement with Bickerstaff Heath Delgado Acosta LLP for representation in said litigation and for other reasonable and necessary steps. g. Consider approval of Ordinance 832, Amending Chapter 2, “Administration” updating the Fee and Use schedule. h. Consider approval of Ordinance 833, Amending Chapter 18, “Buildings and Building Regulations by adding sections 18-3, adding requirements for construction site conditions. i. Consider approval of Resolution 17-33, Amending the wholesale water contract with the City of Fort Worth for the construction of a 30” waterline. Town Council Item # 4 – Review of Consent Items DISCUSSION ITEMS a. Presentation, discussion and update regarding the Entrada development. b. Presentation and discussion of proposed amendments to the right-of-way ordinance including the participation with other Texas cities in the litigation challenging Senate Bill 1004. c. Update and Discussion of the Proposed 2017-2018 Municipal Budget and provide any additional direction prior to the adoption on September 11, 2017. d. Presentation and discussion regarding the Town Lighting regulations. e. Standing Item: Presentation and discussion of development projects per Staff June and July 2017 report, June and July 2017 Entrada report from the Developer and projects in Planned Development PD 3-5. Town Council Item #5 – Discussion Items Page 1 of 1 estlake Town Council TYPE OF ACTION Workshop - Discussion Item Westlake Town Council Meeting Monday, August 28, 2017 TOPIC: Update Regarding the Entrada Development. STAFF CONTACT: Tom Brymer, Town Manager Strategic Alignment Vision, Value, Mission Perspective Strategic Theme & Results Outcome Objective Planned / Responsible Development Citizen, Student & Stakeholder Exemplary Service & Governance - We set the standard by delivering unparalleled municipal and educational services at the lowest cost. Preserve Desirability & Quality of Life Strategic Initiative Outside the Scope of Identified Strategic Initiatives Time Line - Start Date: 2014-15 Completion Date: TBD Funding Amount: Status - PID Assessments Source – PID Assessments Primarily EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY) The purpose of this agenda item is to provide the Town Council with an update regarding the status of the Entrada mixed use project. The Developer’s representative Ralph Bush will be present to provide the Council with this update. RECOMMENDATION Recommend receiving the update from the Developer’s representative and discussing same. ATTACHMENTS: None. Page 1 of 2 estlake Town Council TYPE OF ACTION Workshop - Discussion Item Westlake Town Council Meeting Monday, August 28, 2017 TOPIC: Presentation and discussion of proposed amendments to the right-of-way ordinance including the participation with other Texas cities in the litigation challenging Senate Bill 1004. STAFF CONTACT: Tom Brymer, Town Manager Jarrod Greenwood, Public Works Director/Assistant to the Town Manager Strategic Alignment Vision, Value, Mission Perspective Strategic Theme & Results Outcome Objective Planned / Responsible Development Municipal & Academic Operations High Quality Planning, Design & Development - We are a desirable well planned, high-quality community that is distinguished by exemplary design standards. Preserve Desirability & Quality of Life Strategic Initiative Outside the Scope of Identified Strategic Initiatives Time Line - Start Date: August 28, 2017 Completion Date: August 28, 2017 Revenue Amount: N/A Status - N/A Source - N/A EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY) The proposed ordinance would amend Chapter 78, Streets, Sidewalks, and other Public Places, by removing Article II, Use of Rights of Way and Easements and create a new Chapter 79, Right of Way Management. Chapter 79 would include updated right of way management regulations. Current Situation: The Town current right of way management ordinance was passed in 2000 and includes requirements for any company working within the Town’s right of way, i.e. registration of infrastructure owner, insurance, contractor registration, permit, property restoration. Staff is proposing a revision to the Town’s Code of Ordinances. Page 2 of 2 Why Action is Necessary: While the current ordinance has provided the Town with a way to manage right of way since the 2000 adoption of Ordinance 350 that created Chapter 78, State legislative actions over the years has eroded local control and increased the need for an update in order to continue protecting the interest of the Town of Westlake and its citizens. The most recent bill passed, SB 1004, allows for the installation of small cell nodes on Town owned poles and signals within right of way and limits the Town’s ability to control installations. Traditionally, right-of-way management was handled in municipal franchises. But, beginning in 1999, with the passage of HB 1777 (Chapter 283 of the Local Government Code) municipalities lost franchising authority over telecommunications land lines. In 2005, SB 5 (technically 2 SB 5, since it was passed in the second called session, now Utilities Code chapter 66) took away municipal franchising authority over cable television. The new legislation, SB 1004, which will be chapter 284 of the Local Government Code, for the first time the Legislature has not only provided that facilities – in this case network nodes – can go in the right-of-way, the Legislature has also required that we place network nodes on Town facilities in the right-of-way. Such facilities could include streetlights, traffic signals, and signs. An additional agreement is needed for network nodes to be placed on Town facilities. The new law will allow us to set terms, but we cannot refuse to have the nodes placed on all Town facilities. The new ordinance will be a new chapter in the Code of Ordinances, chapter 79. It will have four articles: (1) Article I which is a general article that includes several key definitions, of note, this legislation will require a different definition for street than for right-of-way; (2) Article II, which will cover the bulk of the right-of-way requirement’s, including the need for authorization to be in the right-of-way, permitting, construction and maintenance standards, conformance with public utilities (relocations), providing maps, improperly installed facilities and abandoned facilities, are some of the sections; (3) Article III is the Design Manual which will address issues unique to the network nodes; and (4) Article IV, which provides a mechanism for requesting an exemption. The Town of Westlake provided opposing testimony at the House Committee hearing on this bill (SB 1004) , along with other cities. For the most part, cities’ issues regarding SB 1004 were ignored. It is the staff’s understanding that much of SB 1004 was either written by the telecommunications industry that it supposedly regulates, or it was written with much more input from the telecommunications industry than any opportunity for input that cities were provided. RECOMMENDATION The ordinance should be passed before September 1, 2017 when the new law takes effect. Staff recommends adoption of this ordinance. ATTACHMENTS: Proposed Ordinance-see 8/28 regular meeting item for this ordinance Page 1 of 2 estlake Town Council TYPE OF ACTION Workshop - Discussion Item Westlake Town Council Meeting Monday, August 28, 2017 TOPIC: Update and Discussion of the Proposed 2017-2018 Municipal Budget and provide any additional direction prior to the adoption on September 11, 2017. STAFF CONTACT: Tom Brymer, Town Manager Debbie Piper, Finance Director Strategic Alignment Vision, Value, Mission Perspective Strategic Theme & Results Outcome Objective Fiscal Responsibility Fiscal Stewardship Exemplary Service & Governance - We set the standard by delivering unparalleled municipal and educational services at the lowest cost. Increase Transparency, Accessibility & Communications Strategic Initiative Maintain Receipt of Various Financial Awards for both Municipal and Academic Services Time Line - Start Date: October 1, 2017 Completion Date: September 30, 2018 Funding Amount: $34,977,229 Status - Funded Source - Multiple Sources - see comments below The Town of Westlake’s Proposed FY 2017-18 budget totals $34,977,229 for all funds (including Westlake Academy) EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY) During the Council workshop on August 9th, a presentation of the 2017-2018 Municipal Budget was made to available Council members. In addition, two meetings were held with council members who were not present at the workshop. Based on Council direction, below is the change made to the original proposed budget. Page 2 of 2 The only fund affected by Council direction was the General Fund. Expenditures increased by $51,685 to include the IT Network Manager position. The total amount of this position is $81,685 but there is anticipated to be a reduction of approximately $30,000 in contracted service expenditures when the position is filled. This position will decrease operating days by approximately 2 days. Highlights of the budget include: o Sales tax remains flat o The effective property tax rate decreased by $0.00080 per $100 valuation to $.13615 resulting in a total budget of $1,477,116. Due to the inclusion of the A&S Center debt, I&S rate increased to $0.02482 from $0.00813 and M&O was reduced to $0.11133 from $0.12882. o Payroll and related expenditures include $167K market bank adjustment (includes benefits) o Addition of two employees  Project Manager for Public Works Department (Total cost of $90,950 is offset 100% from a transfer in from the Utility Fund $36,380 and a transfer in from the Capital Fund $54,570)  IT Network Manager (Total amount of the position is $81,685 but is anticipated to be offset by $30,000 in contracted services netting an increase of $51,685 to the General Fund. o Maintenance & Replacement Fund transfers in from the General Fund have been decreased; If additional expenditures arise, funds will be available in the General Fund upon approval from the Council. o Debt Service expenditures have increased primarily due to the Fire Station debt payments o Visitors Association Fund expenditures have decreased based on the decision to pay the Arts and Sciences Center debt service from ad valorem tax (previously paid from VA fund) Conversations were had regarding potential sources for the $35,000 consultant fee for the Westlake Academy Master Plan and $23,000 for the LUCAS 3 chest compression system (CPR machine). The $23,000 remains in the proposed budget but the $35,000 is still on the “Unfunded” service level adjustment listing. As directed by Council, the Staff will begin working over the next fiscal year on an incremental plan to determine what property tax is needed to meet the General Maintenance & Replacement Funds as well as Capital needs. RECOMMENDATION Discussion of Proposed FY 2017-2018 Municipal Budget and further direction from Council. ATTACHMENTS None estlake Town Council TYPE OF ACTION Workshop - Discussion Item Monday, August 28, 2017 TOPIC: Presentation and discussion regarding the Town Lighting regulations STAFF CONTACT: Ron Ruthven, Director of Planning and Development Nick Ford, Development Coordinator Strategic Alignment Vision, Value, Mission Perspective Strategic Theme & Results Outcome Objective Strong Aesthetic Standards Citizen, Student & Stakeholder High Quality Planning, Design & Development - We are a desirable well planned, high-quality community that is distinguished by exemplary design standards. Preserve Desirability & Quality of Life Strategic Initiative Update Development Regulations EXPLANATION The purpose of this item is to provide a review, including potential amendments, to the Town’s outdoor lighting requirements. Upon discussion of this item, pending Council direction, staff will bring forward amendments to the lighting standards for future Council consideration. Westlake sets itself apart from neighboring communities in the DFW metro area with respect to outdoor lighting. Many cities have very minuscule lighting requirements or do not have any outdoor lighting altogether. In many regards, Westlake is a pioneer for outdoor lighting and Dark Skies requirements in the metroplex. As such, Westlake looked to other cities for inspiration such as Sedona and Flagstaff, Arizona to update its outdoor lighting policies. Sedona and Flagstaff are best known as pioneers in the Dark Skies Community. On January 22, 2001, Ordinance 386 established the outdoor lighting standards we still have in effect today. In the past sixteen years, there have been innovations in lighting technology (specifically LED). The new proposed ordinance intends to keep up with new technologies and with international dark sky regulations (Attachment 1). One standard staff was really adamant about adding is a threshold for correlated color temperatures on all lights to be closer to the warmer color spectrum (red, yellow, orange) rather than cooler colors (blue, white). Another regulation that was intent on being added is a preferred light source that emits less light pollution and conserves energy the most. Staff landed on Low-Pressure Sodium vapor lights to be the preferred lighting source town-wide with an acceptable alternative to LED lighting as well as special requirements for LEDs. In addition, new requirements for outdoor lighting plans were submitted so staff is able to enforce dark sky compliance better than previously could. Most other portions of the original ordinance were largely untouched due to them already being restrictive and similar with most other dark skies communities. With that being said, Westlake is looking into more options for updating its outdoor lighting ordinance in addition to the new regulations that are in the proposed changes. ATTACHMENTS 1. International Dark Skies Community Guidelines 2. Dark Skies Model Lighting Ordinance 3. Outdoor Lighting Standards Benchmark 4. Outdoor Lighting Ordinance INTERNATIONAL  DARK-­‐SKY  ASSOCIATION   3223  N  first  Ave  -­  Tucson  Arizona  85719  -­  520-­293-­3198  -­  www.darksky.org   TO  PRESERVE  AND  PROTECT  THE  NIGHTTIME  ENVIRONMENT  AND  OUR  HERITAGE  OF  DARK   SKIES  THROUGH  ENVIRONMENTALLY  RESPONSIBLE  OUTDOOR  LIGHTING       International  Dark-­‐Sky  Association     Dark  Sky  Community  Guidelines   October  2015     TABLE  OF  CONTENTS   Table  of  Contents  1   Definition  of  an  IDA  Dark  Sky  Community  2   Goals  for  IDA  Dark  Sky  Community  Creation  2   Benefits  2   Eligibility  (All  Must  be  Met)  2   Minimum  Requirements  For  All  Communities  3   Provisional  Status  4   Guidelines  on  the  DSC  Process  5   Nomination  5   DSC  Application  Process  5   Steps  for  Applicant  5   To  be  Included  in  DSC  Submission  6   IDA  Review  Process  6   Reassessment  of  DSC  Designations  6   Dark  Sky  Community  Designation  Guidelines,  IDA    2   D EFINITION  OF  AN  IDA  DARK  SKY  COMMUNITY   An  IDA  Dark  Sky  Community  (DSC)  is  a  town,  city,  or  municipality  that  has  shown  exceptional  dedication   to  the  preservation  of  the  night  sky  through  the  implementation  and  enforcement  of  quality  lighting   codes,  dark  sky  education,  and  citizen  support  of  dark  skies.   GOALS  FOR  IDA  DARK  SKY  COMMUNITY  CREATION   Ø  To  identify  communities  with  exceptional  commitment  to  and  success  in  pursuing  dark  sky   preservation  and  restoration,  and  their  promotion  of  quality  outdoor  lighting   Ø  To  promote  ecotourism   Ø  To  promote  protection  of  human  health,  nocturnal  habitats,  public  enjoyment  of  the  night  sky  and   its  heritage,  and/or  areas  ideal  for  professional  and  amateur  astronomy;     Ø  To  provide  local,  national,  and  international  recognition  for  such  communities   Ø  To  promote  the  ideals  of  International  Dark-­‐Sky  Association  (IDA)  by  encouraging  communities  to   identify  dark  skies  as  a  valuable  community  asset  and  goal   BENEFITS   Achieving  this  designation  brings  recognition  of  the  efforts  made  by  the  Community  council,  the  local   government  authorities  (police  department,  planning  and  zoning,  etc.),  the  citizens,  and  any  other  public   and  private  organization  to  protect  the  night  sky  and  the  environment  dependent  on  it.    This  designation   will  enhance  awareness  of  dark  sky  matters  to  all  residents  and  visitors  of  the  Community.       Designation  as  an  DSC  entitles  the  Community  to  display  the  IDA  Dark  Sky  Community  logo  in  official   publications,  promotions,  signs  at  the  entrance  or  within  the  Community,  and  retain  the  use  of  this  logo   by  other  groups  within  the  Community  when  identifying  the  area  itself  (i.e.  a  Community  can  say   “Flagstaff,  the  world’s  first  IDA  Dark  Sky  Community”  or  in  other  words  to  the  same  effect,  for  example,   an  organization  within  the  Community  can  say  “located  in  Star  City,  an  IDA  Dark  Sky  Community”).    IDA   will  maintain  a  web  page  identifying  and  describing  all  DSCs  available  on  www.darksky.org.       ELIGIBILITY     Community  must  have  some  type  of  legal  organization  that  is  officially  recognized  by  outside  groups.   This  can  be  in  the  form  of  a  town,  city,  municipality,  or  other  legally  organized  community  (such  as  a   urban  neighborhoods  and  subdivisions).       Dark  Sky  Community  Designation  Guidelines,  IDA    3   MINIMUM  REQUIREMENTS  FOR  ALL  COMMUNITIES   A)  A  quality  comprehensive  lighting  code  like  the  IDA/IES  Model  Lighting  Ordinance  (MLO)  with  the   following  minimum  standards  for  permanent  lighting  installations  (more  on  developing  a  lighting   code  and  guidelines  may  be  found  on  our  website  http://www.darksky.org/outdoorlighting/mlo):   i)  Fully-­‐shielded  or  full-­‐cutoff  standard  for  all  lighting  fixtures  over  1500  lumens  initial  lamp  output   (or  equivalent  wattages),  AND;   ii)  Establishes  a  threshold  of  3000  Kelvins  for  the  allowable  correlated  color  temperature  of  all   lighting  fixtures,  AND;   iii)  Restrictions  on  total  amount  of  unshielded  lighting,  such  as  a  limit  on  lumens  per  acre  or  total   site  lumens  in  unshielded  fixtures  (or  equivalent  wattages),  AND;   iv)  A  policy  to  address  over-­‐lighting,  such  as  energy  density  caps,  lumens/acre  caps,  or  maximum   illuminance  specifications,  AND;   v)  A  provision  that  clearly:  (1)  indicates  where,  when,  and  under  what  circumstances  new  public   outdoor  lighting  (street  lighting  and  lighting  on  other  public  property  and  rights-­‐of-­‐way)  is   warranted  and  will  be  permitted,  and  (2)  requires  that  adaptive  controls  and  curfews  be   employed  in  all  future  installations  of  public  outdoor  lighting.   B)  Community  commitment  to  dark  skies  and  quality  lighting  as  shown  by:   i)  City  owned  lighting  conforming  with,  or  committed  to  conforming  with,  the  lighting  code  (if  the   latter,  a  published  plan  with  a  timeline  for  completion  in  no  more  than  5  years),  AND;   ii)  Municipal  support  of  dark  skies  and  good  lighting  as  indicated  through  city  publications,  flyers,   public  service  announcements,  funding  of  lighting  upgrades,  etc.   C)  Broad  Support  for  dark  skies  from  a  wide  range  of  community  organizations  such  as:   i)  Chamber  of  Commerce   ii)  Local  electrical  utility   iii)  Local  IDA  Chapter   iv)  Lighting  retailers   v)  Home  Owners  Association   vi)  Business  Improvement  Associations   vii)  Others   D)  Community  commitment  to  dark  skies  and  education  as  shown  by  at  least  one  of  the  following:   Dark  Sky  Community  Designation  Guidelines,  IDA    4   i)  Planning  and  execution  of  at  least  two  community  dark  sky  awareness  events  per  year.  This  may   be  organized  through  a  local  astronomy  club,  municipality,  school,  etc.  AND/OR;   ii)  Inclusion  of  dark  sky  awareness  documents  (IDA  brochures  or  Community-­‐created  brochures)   with  other  Community  informational  documents  for  residents  and  visitors,  AND/OR;   iii)  Inclusion  of  dark  sky  education  in  Community  schools  and  curriculum.     E)  Success  in  light  pollution  control.  At  least  one  of  the  following  conditions  must  be  demonstrated:   i)  Examples  of  a  minimum  of  ten  projects  built  under  the  lighting  code,  demonstrating  effective   application  of  the  local  lighting  code,  AND/OR;   ii)  Alternative  demonstration  of  success  in  light  pollution  control,  to  be  discussed  with  IDA  for   compliance.   F)  A  sky  brightness  measurement  program  must  be  maintained  either  by  the  Community  or  by  another   public  or  private  organization  (university,  research  center,  IDA  chapter,  astronomy  club,  etc.)  to   follow  the  evolution  of  light  pollution  in  the  DSC.   G)  Designation  is  permanent,  but  is  subject  to  regular  review  by  IDA  and  possible  revocation  if   minimum  requirements  are  not  maintained.  More  details  may  be  found  in  the  “Reassessment  of   DSC  designation”  section.   H)  Periodic  checks,  through  the  submission  of  the  annual  report  due  October  1st,  will  be  preformed  to   ensure  that  minimum  standards  and  objectives  of  the  program  are  being  upheld  and  adequate   progress  is  being  made.  This  report  is  a  short  1  to  2-­‐page  synopsis  of  the  Community’s  activities  and   initiatives  throughout  the  last  year.  The  Borrego  Springs,  CA  report  is  included  on  the  website  for   reference  http://darksky.org/idsp/communities/.     PROVISIONAL  STATUS     Ø  In  some  cases,  a  Community  interested  in  the  program  may  lack  all  of  the  resources  required  to   achieve  a  designation  outright.  If  resource  unavailability  otherwise  hinders  the  progress  of  a   Community’s  application,  that  Community  may  apply  for  and  be  granted  Provisional  status  at  the   discretion  of  the  IDA  Board  of  Directors.  Provisional  status  recognizes  the  Community’s  ongoing   work  to  become  an  IDA  Dark  Sky  Community  and  is  intended  as  a  leverage  point  to  successfully   enable  actions  such  as  lighting  upgrades/retrofits  and  policy  changes.   Ø  Provisional  status  expires  after  three  (3)  years.  At  any  time  before  the  end  of  this  period,  a   Community  may  reapply  for  full  status.  Material  submitted  for  the  removal  of  provisional  status  may   be  an  addendum  to  the  initial  application  as  long  as  the  material  includes  a  current  assessment  of   the  goals,  outreach  efforts,  and  lighting  policy  listed  in  the  original  application  and  clearly   demonstrates  that  any  program  requirements  left  unmet  at  receipt  of  the  Provisional  status  have   been  satisfied.   Ø  To  be  considered  for  a  provisional  status,  send  a  nomination  package  that  includes  the  following   information:     Dark  Sky  Community  Designation  Guidelines,  IDA    5   •  Documented  intent  to  create  and  support  an  IDA  Dark  Sky  Community;   •  A  description  of  the  circumstances  that  currently  prevent  the  Community  from  meeting  the   minimum  Dark  Sky  Community  requirements;  and   •  An  action  plan  describing  steps  the  aspiring  Community  will  take  to  meet  all  program   requirements  in  the  specified  Provisional  status  period     GUIDELINES  ON  THE  DSC  PROCESS   NOMINATION   The  nomination  may  be  initiated  by  an  IDA  qualified  nominator  who  has  personally  reviewed  a   Community’s  outdoor  lighting  and  commitment  to  night  sky  preservation.  To  become  an  IDA  qualified   nominator,  you  must  be  an  IDA  member  and  be  approved  by  the  IDA  Dark  Sky  Places  manager.  The   nomination  may  be  a  joint  effort  between  Community  and  the  qualified  nominator.  Nominators  are   encouraged  to  correspond  with  IDA  staff  and  the  Community  throughout  this  process—from  first   consideration  of  a  DSC  through  the  final  submission  package.   DSC  APPLICATION  PROCESS   STEPS  FOR  APPLICANT   A)  Initial  contact  with  IDA  by  phone  or  email  to  discuss  the  process  and  receive  recommendations   followed  by  continued  contact  to  update  IDA  staff  on  progress  and  receive  continued   recommendations;   B)  A  formal  point  of  contact  (POC)  person  is  designated  and  their  phone,  address  and  email   information  is  forwarded  to  IDA  staff.  Before  and  after  designation,  any  changes  to  this  POC,  or  their   information,  must  be  communicated  to  IDA  in  order  to  ensure  accurate  communication  at  all  times;   C)  Official  supporting  letter  for  the  nomination  from  elected  representatives  of  the  Community,  such   as  the  mayor  and/or  council  of  a  municipality.  Any  additional  letters  of  support  from  organizations,   clubs,  groups,  universities,  etc.;   D)  Upon  completion,  the  Community  sends  the  application  to  IDA  staff  for  review  of  the  document.  IDA   staff  confirms  that  the  application  is  complete  and  ready  for  submission;   E)  Completed  application  packet  in  PDF  and/or  MS  Word  .doc  format  sent  electronically  to   International  Dark  Sky  Places  committee  (DSPC)  by  IDA  staff  for  review.   F)  Submit  in  plenty  of  time  for  IDA  staff  to  review  and  prepare  your  application  to  make  the  bi-­‐monthly   deadline  that  you  prefer,  find  the  deadlines  at  http://darksky.org/idsp/communities/.  Requests  to   Dark  Sky  Community  Designation  Guidelines,  IDA    6   rush  applications  will  NOT  be  accepted;  meaning  that  planning  ahead  is  essential  if  the  Community   is  planning  to  meet  a  deadline.   TO  BE  INCLUDED  IN  DSC  SUBMISSION     A)  Map  of  Community  and  factual  information,  i.e.  population,  number  of  schools,  etc.   B)  Letter  of  nomination  support  by  IDA  qualified  nominator  and  elected  representatives  of  the   Community  such  as  the  mayor  and/or  council.     C)  The  Community’s  lighting  code  and  guidelines  must  meet  the  minimum  requirements  as  stated  in   the  minimum  requirements  section.   D)  Documentation  of  examples  of  Community  support  and  projects.   E)  Proposed  alternative  wording  for  a  DSC  (e.g.  Dark  Sky  Village,  Starry  Sky  City,  etc.),  if  desired.   F)  An  outline  of  a  completed  application  is  available  and  may  be  used  upon  request.   IDA  REVIEW  PROCESS   A)  Applications  are  sent  to  the  committee  on  a  bi-­‐monthly  basis.   B)  Before  the  Community’s  final  application  is  submitted  it  is  highly  recommended  that  the  Community   be  in  regular  conversation  with  IDA  staff  to  perfect  the  application  before  the  next  application   deadline.    Applications  not  ready  for  submission  by  the  deadline  for  committee  consideration  will  be   considered  at  the  next  committee  meeting.   C)  IDA  staff  forwards  application  to  Dark  Sky  Places  Committee  for  review  at  the  deadline.     D)  Approval  of  application  by  DSPC  is  by  a  2/3-­‐majority  vote,  or  denial  with  reasons  and   recommendations.  The  DSPC  committee  may  consider  the  applications  for  up  to  two  months  before   a  decision  is  released  to  the  applicant.  If  approved  the  location  will  be  notified  and  the  program   manager  will  organize  a  press  release  with  the  location  during  a  10-­‐day  waiting  period  during  which   the  Board  of  Directors  will  have  the  formal  right  to  veto  should  they  perceive  a  problem  with  the   application.  The  Community  has  the  right  to  choose  when  the  press  release  is  made  public  but  must   organize  the  announcement  to  be  made  at  the  same  time  as  the  IDA  press  release  unless  otherwise   discussed  and  agreed  upon  by  both  parties.   E)  If  approved  the  Community  is  awarded  the  DSC  designation  and  listed  along  with  their  application   on  the  IDA  website.  By  submitting  the  application,  the  Community  agrees  to  have  the  application   posted  to  the  website  unless  otherwise  stated;     F)  If  denied,  a  letter  is  sent  to  applicant  outlining  elements  of  the  application  that  need  improvement   and  specific  recommendations  for  ways  to  remedy  them.  Applications  can  be  resubmitted  for  future   consideration  after  remediation  is  complete.   G)  IDA  realizes  that  certain  circumstances  surrounding  a  DSC  application  may  cause  some  potential   authors  of  letters  of  support  (or  opposition)  to  feel  uneasy  about  publicly  declaring  their  opinions   about  the  IDA  designation.  In  the  interest  of  providing  the  Dark  Sky  Places  Committee  with  as  full  a   picture  of  Community  sentiment  about  applications  as  possible,  it  is  possible  for  some  letters  to  be   Dark  Sky  Community  Designation  Guidelines,  IDA    7   suppressed  from  online  publication  if  it  is  felt  that  making  the  letters  publicly  available  will  subject   their  authors  to  retaliation  or  harassment.  A  prospective  DSC  seeking  this  protection  for  letter   writers  must  make  a  formal  written  request  to  that  effect.  The  Program  Manager  must  approve   suppression  of  publication  of  any  part  of  an  application.  Note  that  suppression  of  online  publication   does  not  prevent  either  the  Committee  or  the  IDA  Board  of  Directors  from  reading  all  submitted   letters.     REASSESSMENT  OF  DSC  DESIGNATIONS   To  ensure  that  Communities  continue  to  be  exemplary  in  their  protection  and  restoration  of  natural   lightscapes,  IDA  will  periodically  reevaluate  each  site  in  the  Dark  Sky  Places  Program.  This  is  done  to   confirm  that  the  Community  continues  to  meet  the  minimum  requirements  and  is  making  adequate   progress  toward  LMP  compliance  goals  outlined  in  this  document.     To  this  end,  the  Community  will  submit  an  annual  report  to  IDA  by  October  1st  detailing  activities  and   progress  towards  meeting  DSC  requirements  during  the  previous  twelve  months.  The  report  should   include  dates  and  brief  descriptions  of  any  interpretive  events,  lighting  retrofit  projects,  outreach   efforts,  etc.  Samples  of  printed  materials  and  press  articles  should  also  be  included.  The  annual  report   should  not  require  a  lot  of  time  to  produce,  as  it  should  be  a  compilation  of  information  generated   during  the  year.  Electronic  submission  of  the  report  and  supporting  documentation  is  required  in  PDF  or   Microsoft  Word  format.  If  the  annual  report  is  not  sent  in  a  timely  fashion,  IDA  may  suspend  the  site’s   DSC  status  until  the  annual  reporting  requirement  has  been  met  (see  the  following  section).     Investigation  and  Due  Process   A  DSC  designation  is  intended  to  represent  the  beginning  of  an  ongoing  relationship  between  the   Community  and  IDA  to  our  mutual  benefit.  IDA  will  periodically  review  the  nature  of  that  relationship  in   the  required  annual  reports  as  described  in  the  previous  section.  From  time  to  time,  IDA  also  receives   comments  from  visitors  to  Communities  that  raise  concerns  about  the  veracity  and  timeliness  of   information  provided  to  IDA  by  site  administrators.  IDA  may,  at  its  discretion,  investigate  claims  in  which   it  is  alleged  that  DSCs  are  not  living  up  to  commitments  made  to  IDA  and  the  public  in  their  applications   to  the  Program.      This  section  details  the  IDA  procedure  for  carrying  out  such  investigations,  and  the   rights  of  DSCs  in  such  matters.   An  allegation  of  impropriety  concerning  any  of  the  elements  of  participation  in  the  Program  outlined  in   this  document  is  subject  to  IDA  investigation  and  potential  remedial  action  including  temporary   suspension  and/or  permanent  revocation  of  the  DSC  designation.  IDA  staff  shall  perform  due  diligence   in  gathering  facts  concerning  such  allegations  it  deems  credible,  and  will  prepare  a  report  of  its  findings   for  consideration  by  the  DSPC.    The  DSPC  commits  to  weighing  the  evidence  fairly  and  impartially,  and  to   seek  to  resolve  disputes  whenever  possible  through  dialog.  A  Community  subject  to  an  investigation   shall  be  notified  in  a  timely  manner  and  solicited  for  evidence  contrary  to  the  specifics  of  the  allegation   at  hand.    The  resolution  manner  of  dialog  shall  be  emphasized  from  the  beginning,  and  the  Community   will  be  given  an  opportunity  to  correct  any  deficiencies  with  regard  to  the  Program  guidelines   established  by  the  IDA  investigation  within  a  reasonable  time  period  to  be  prescribed  by  the  DSPC.       Failure  to  achieve  consensus  through  these  means  risks  a  DSPC  recommendation  for  suspension  or   Dark  Sky  Community  Designation  Guidelines,  IDA    8   revocation  of  the  DSC  designation.  If  made,  such  a  recommendation  will  be  forwarded  to  the  IDA  Board   of  Directors  for  formal  ratification  before  coming  into  force.  The  Board’s  decision  on  any  disciplinary   matters  involving  a  DSC  shall  be  considered  definitive  and  binding.   Any  DSC  so  investigated  has  the  right  to  review  the  allegations  against  it  and  all  factual  information   collected  by  IDA  pertinent  to  the  allegations.       Reinstatement  Following  Suspension   If  the  DSPC  recommends  a  suspension  of  a  Community’s  IDA  designation  and  the  Board  ratifies  the   suspension,  the  Community  administration  shall  be  immediately  notified.  The  status  of  a  suspended  DSC   shall  be  changed  to  “Provisional”  in  all  IDA  communications  until  the  designation  is  reinstated  or   revoked;  however,  the  process  of  obtaining  reinstatement  of  a  designation  is  not  the  same  as  that   outlined  in  the  “Provisional  Status”  section  of  these  guidelines.   To  obtain  reinstatement  of  a  suspended  designation,  the  DSC  must  provide  evidence  to  the  DSPC‘s   satisfaction  that  the  specific  issues  identified  by  the  DSPC  as  grounds  for  the  suspension  have  been   corrected  and  that  all  Program  guidelines  are  once  again  met.  The  DSPC  will  consider  the  evidence   presented  by  the  DSC  and  render  a  judgment  to  either     •  Accept  the  reinstatement  petition,  OR   •  Reject  the  petition  and  recommend  revocation,  OR   •  Return  the  petition  with  further  instructions  and  a  defined  deadline  for  a  DSC  response.     A  suspension  left  unresolved  after  one  (1)  year  from  the  date  of  the  Board’s  assent  to  the  suspension   automatically  becomes  a  permanent  revocation.  Revocation  entails  removal  of  the  DSC  from  IDA’s  roll   of  approved  Dark  Sky  Places,  and  from  mention  on  the  IDA  website  and  in  member  and  external   communications.  IDA  reserves  the  right  to  take  legal  action  against  any  former  DSC  whose  designation  is   duly  revoked  but  continues  to  use  the  IDA  name/logo  in  advertising,  communications,  and/or  signage.     JOINT IDA - IES MODEL LIGHTING ORDINANCE (MLO) June 15, 2011 with USER’S GUIDE Illuminating ENGINEERING SOCIETY USER’S GUIDE - Page 2 ORDINANCE TEXT 2 - Page MODEL LIGHTING ORDINANCE - USER’S GUIDE TEXTMODEL LIGHTING ORDINANCE - The User Notes The User Notes are intended to clarify the sections of the MLO for the various audiences who will use it: lighting designers, city officials, engineers, citizen groups, and others. Every effort has been made to keep the language technically accurate and clear, but since different disciplines may use the same term in different ways, or have different interpretations, some guidance may be helpful. While these Notes can not be a full tutorial on modern lighting design, it is hoped that the Notes will help facilitate the dialogue necessary to adopt the MLO. Background The problems of light pollution first became an issue in the 1970s when astronomers identified the degradation of the night sky due to the increase in lighting associated with development and growth. As more impacts to the environment by lighting have been identified, an inter- national “dark sky” movement is advocating for the precautionary approach to outdoor lighting design. Many communities have passed anti-light-pollution laws and ordinances. However, there is little or no agreement among these laws, and they vary considerably in language, technical quality, and stringency. This is confusing for designers, engineers, and code officials. The lack of a common basis prevents the development of standards, educational programs, and other means of achieving the goal of effective lighting control. This MLO will allow communities to drastically reduce light pollution and glare and lower excessive light levels. The recommended practices of the IES can be met using readily available, reasonably priced lighting equipment. However, many conventional lighting practices will no longer be permitted, or will require special permits. This Model Lighting Ordinance (MLO) is the result of extensive efforts by the International Dark Sky Association (IDA) and the Illuminating USER’S GUIDE - Page 3 ORDINANCE TEXT - Page 3 MODEL LIGHTING ORDINANCE - USER’S GUIDE TEXTMODEL LIGHTING ORDINANCE - Engineering Society of North America (IES). Among its features is the use of lighting zones (LZ0-4) which allow each governing body to vary the stringency of lighting restrictions according to the sensitivity of the area as well as accommodating community intent. In this way, communities can fine-tune the impact of the MLO without having to customize the MLO. The MLO also incorporates the Backlight-Uplight- Glare (BUG) rating system for luminaires, which provides more effective control of unwanted light. Joint IDA-IESNA Model Outdoor Lighting Ordinance (MLO) June 15, 2011 CONTENTS I. Preamble...........................................................................5 II. Lighting Zones.................................................................5 III. General Requirements for All Outdoor Lighting.............8 IV. Requirements for Non-Residential Outdoor Lighting.....11 V. Requirements for Residential Outdoor Lighting.............19 VI. Lighting by Special Permit Only.....................................20 VII. Existing Lighting.............................................................21 VIII. Enforcement and Penalties (Reserved)............................22 IX. Tables...............................................................................23 X. Definitions.......................................................................32 XI. (Optional) Street Lighting Ordinance..............................38 USER’S GUIDE - Page 4 ORDINANCE TEXT - Page 4 MODEL LIGHTING ORDINANCE - USER’S GUIDE TEXTMODEL LIGHTING ORDINANCE - General Notes in Adopting this Model Ordinance Adoption of this ordinance should follow the established development, review, and approval processes of the adopting authority. If no such processes are in place, this ordinance may be adopted as a new independent section of the Municipal Code. The MLO is probably best adopted as an “overlay zoning ” ordinance. This means that it overlays, but is different from, land-use zoning. It can be added to or integrated into existing ordinances or codes and cross-referenced to other applicable codes and ordinances such as the electrical code, the sign code, planning ordinances, etc. The MLO may best be managed by assigning it to planning officials and using existing administrative structures. Because of the diverse community and lighting needs across large areas, this MLO is not intended for adoption as a state, provincial or national ordinance. Regional coordination is encouraged. Light pollution knows no boundaries, and the effects of polluting light persist as far as 200 kilometers (about 120 miles) from the source. One large city could adopt the MLO and dramatically affect a region, but adoption in suburbs and small towns must be part of a regional effort to achieve significant improvements in the overall quality of the night sky. Adopting agencies should also consider that the MLO, like all other modern codes, is designed to evolve over time. Lighting technology will change, and MLO changes will be needed every few years. On-going renewal cycles are strongly recommended as any part of an adopting ordinance. This Model Lighting Ordinance has been developed as a joint under- taking by the Illuminating Engineering Society and the International Dark-Sky Association. The Joint Task Force responsible for developing the MLO include IDA IES Co-Chair: Jim Benya Naomi Miller Co-Chair: Nancy Clanton Cheryl English Leslie Lipstein Denis Lavoie Leo Smith Eric Gibson Michael Mutmansky John Walter representing the electric utility industry also contributed as a member of the Joint Task Force. MLO Development and Task Force Members MODEL LIGHTING ORDINANCE - USER’S GUIDE TEXTMODEL LIGHTING ORDINANCE - USER’S GUIDE - Page 5 ORDINANCE TEXT - Page 5 In general, the preamble is part of the ordinance but is typically not part of the code. It establishes the reasons why the municipality is undertaking these regulations. Local governments may add other purposes to the Preamble including established local government environmental or energy goals that support the model lighting ordinance. The environmental impacts of outdoor lighting fall into two categories: carbon footprint (energy used in the life of a lighting product) and obtrusive light. I. PREAMBLE - User ’s Guide I. PREAMBLE - Ordinance Text The purpose of this Ordinance is to provide regulations for outdoor lighting that will: a. Permit the use of outdoor lighting that does not exceed the minimum levels specified in IES recommended practices for night-time safety, utility, security, productivity, enjoyment, and commerce. b. Minimize adverse offsite impacts of lighting such as light trespass, and obtrusive light. c. Curtail light pollution, reduce skyglow and improve the nighttime environment for astronomy. d. Help protect the natural environment from the adverse effects of night lighting from gas or electric sources. e. Conserve energy and resources to the greatest extent possible. The Lighting Zone shall determine the limitations for lighting as specified in this ordinance. The Lighting Zones shall be as follows: LZ0: No ambient lighting Areas where the natural environment will be seriously and adversely affected by lighting. Impacts include disturbing the biological cycles of flora and fauna and/or detracting from human enjoyment and appreciation of the natural environ- ment. Human activity is subordinate in importance to nature. The vision of human residents and users is adapted to the darkness, and they expect to see little or no lighting. When not needed, lighting should be extinguished. II. LIGHTING ZONES - Ordinance Text II. LIGHTING ZONES - User’s Guide Lighting zones reflect the base (or ambient) light levels desired by a community. The use of lighting zones (LZ) was originally developed by the International Commission on Illumination (CIE) and appeared first in the US in IES Recommended Practice for Exterior Environmental Lighting, RP-33-99. It is recommended that lower lighting zone(s) be given preference when establishing zoning criteria. Using lighting zones allows a great deal of flexibility and customization without the burden of excessive regulation. For example, a jurisdiction may choose to establish vertical lighting zones with the lighting zone at street level at a higher zone than the residential housing on upper levels. Selection of lighting zone or zones should be based not on existing conditions but rather on the type of lighting environments the jurisdiction seeks to achieve. For instance, new development on previously rural or undeveloped land may be zoned as LZ-1. CARBON FOOTPRINT OBTRUSIVE LIGHT Cost & Impact of Mining the Materials Used Impact on Humans Energy Used in Production Impact on the Environment Energy Used during Product Life Disposal/Recylcing Costs II. LIGHTING ZONES (cont.) - Ordinance Text MODEL LIGHTING ORDINANCE - USER’S GUIDE TEXTMODEL LIGHTING ORDINANCE - LZ1: Low ambient lighting Areas where lighting might adversely affect flora and fauna or disturb the character of the area. The vision of human residents and users is adapted to low light levels. Lighting may be used for safety and convenience but it is not necessarily uniform or continuous. After curfew, most lighting should be extinguished or reduced as activity levels decline. LZ2: Moderate ambient lighting Areas of human activity where the vision of human residents and users is adapted to moderate light levels. Lighting may typically be used for safety and convenience but it is not necessarily uniform or continuous. After curfew, lighting may be extinguished or reduced as activity levels decline. LZ3: Moderately high ambient lighting Areas of human activity where the vision of human residents and users is adapted to moderately high light levels. Lighting is generally desired for safety, security and/or convenience and it is often uniform and/or continuous. After curfew, lighting may be extinguished or reduced in most areas as activity levels decline. LZ4: High ambient lighting Areas of human activity where the vision of human residents and users is adapted to high light levels. Lighting is generally considered necessary for safety, security and/or convenience and it is mostly uniform and/or continuous. After curfew, lighting may be extinguished or reduced in some areas as activity levels decline. USER’S GUIDE - Page 6 ORDINANCE TEXT - Page 6 II. LIGHTING ZONES (cont.) - User ’s Guide Zone Recommended Uses or Areas Zoning Considerations LZ-0 Lighting Zone 0 should be applied to areas in which permanent lighting is not expected and when used, is limited in the amount of lighting and the period of operation. LZ-0 typically includes undeveloped areas of open space, wilderness parks and preserves, areas near astronomical observatories, or any other area where the protection of a dark environment is critical. Special review should be required for any permanent lighting in this zone. Some rural communities may choose to adopt LZ-0 for residential areas. Recommended default zone for wilderness areas, parks and preserves, and undevel- oped rural areas. Includes protected wildlife areas and corridors. LZ-1 Lighting Zone 1 pertains to areas that desire low ambient lighting levels. These typically include single and two family residential communities, rural town centers, business parks, and other commercial or industrial/ storage areas typically with limited nighttime activity. May also include the developed areas in parks and other natural settings. Recommended default zone for rural and low density residential areas. Includes residential single or two family; agricultural zone districts; rural residential zone districts; business parks; open space include preserves in developed areas. However, if an adjacent use could be adversely impacted by allowable lighting, the adopting authority may require that a particular site meet the requirements for a lower lighting zone. For example, the authority could specify Lighting Zone 1 or 2 requirements if a commercial development were adjacent to a residence, hospital or open space, Lighting zones are best implemented as an overlay to the established zoning especially in communities where a variety of zone districts exists within a defined area or along an arterial street. Where zone districts are cohesive, it may be possible to assign lighting zones to established land use zoning. It is recommended that the lighting zone includes churches, schools, parks, and other uses embedded within residential communities. or to any land assigned to a lower zone. USER’S GUIDE - Page 7 ORDINANCE TEXT - Page 7 II. LIGHTING ZONES (cont.) - User ’s Guide MODEL LIGHTING ORDINANCE - USER’S GUIDE TEXTMODEL LIGHTING ORDINANCE - Zone Recommended Uses or Areas Zoning Considerations LZ-2 LZ-3 Lighting Zone 2 pertains to areas with moder- ate ambient lighting levels. These typically include multifamily residential uses, institu- tional residential uses, schools, churches, hospitals, hotels/motels, commercial and/or businesses areas with evening activities embedded in predominately residential areas, neighborhood serving recreational and playing fields and/or mixed use development with a predominance of residential uses. Can be used to accommodate a district of outdoor sales or industry in an area otherwise zoned LZ-1. Recommended default zone for light commercial business districts and high density or mixed use residentialdistricts. Includes neighborhood business districts; churches, schools and neighborhood recreation facilities; and light industrial zoning with modest nighttime uses or lighting requirements. Lighting Zone 3 pertains to areas with moder- ately high lighting levels. These typically in- clude commercial corridors, high intensity suburban commercial areas, town centers, mixed use areas, industrial uses and shipping and rail yards with high night time activity, high use recreational and playing fields, regional shopping malls, car dealerships, gas stations, and other nighttime active exterior retail areas. Recommended default zone for large cities' business district. Includes business zone districts; commercial mixed use; and heavy industrial and/or manufacturing zone districts. LZ-4 Lighting zone 4 pertains to areas of very high ambient lighting levels. LZ-4 should only be used for special cases and is not appropriate for most cities. LZ-4 may be used for extremely unusual installations such as high density entertainment districts, and heavy industrial uses. Not a default zone. Includes high intensity business or industrial zone districts. USER’S GUIDE - Page 8 ORDINANCE TEXT - Page 8 MODEL LIGHTING ORDINANCE - USER’S GUIDE TEXTMODEL LIGHTING ORDINANCE - III. GENERAL REQUIREMENTS - User ’s Guide This Section sets out the requirements that apply to all lighting, both residential and non-residential. Each adopting jurisdiction should incorporate their existing standards as to when compliance with new regulations is required, when repair or remodeling triggers compliance and if the new ordinance will be retroactive to existing development. The Applicability section of this model ordinance should serve as a guide if the adopting juris- diction does not have standards or policies in place. Likewise, the adopting jurisdiction should use their existing policies and definitions of what constitutes public monuments, and temporary and/or emergency lighting. Community attitudes and precedents should be taken into account in deciding to regulate seasonal holiday lighting. This is standard language intended to prevent conflict of laws and to give the community the ability to set specific lighting requirements in special plans and under use permits. It can be amended to conform to similar language in other ordinances. For example, while public mon- uments, statuary, and flags should be lighted, the lighting also should be limited to avoid excess. Lighting for streets, roads, and highways is usually regulated by a street lighting ordinance, and is not covered by this model ordinance. However, since street lighting can affect nearby areas, some recognition of its effect is appropriate. (See Section XI) A sign lighting ordinance is strongly recommended if not already in place. It should carefully limit lighting to prevent over-lighted signs from being used to circumvent lighting ordinances. III. GENERAL REQUIREMENTS - Ordinance Text A. Conformance with All Applicable Codes All outdoor lighting shall be installed in conformance with the provisions of this Ordinance, applicable Electrical and Energy Codes, and applicable sections of the Building Code. B. Applicability Except as described below, all outdoor lighting installed after the date of effect of this Ordinance shall comply with these requirements. This includes, but is not limited to, new lighting, replacement lighting, or any other lighting whether attached to structures, poles, the earth, or any other location, including lighting installed by any third party. Exemptions from III.(B.) The following are not regulated by this Ordinance a. Lighting within public right-of-way or easement for the principal purpose of illuminating streets or roads. No exemption shall apply to any lighting within the public right of way or easement when the purpose of the luminaire is to illuminate areas outside the public right of way or Note to adopting agency: if using the street lighting ordinance (Section XI), this exemption should read as follows: Lighting within the public right-of-way or easement for the principal purpose of illuminating roads and highways. No exemption shall apply to any street lighting and to any lighting within the public right of way or easement when the purpose of the luminaire is to illuminate areas outside of the public right of way or easement. b. Lighting for public monuments and statuary. c. Lighting solely for signs (lighting for signs is regulated by the Sign Ordinance). d. Repairs to existing luminaires not exceeding 25% of total installed luminaires. easement, unless regulated with a streetlighting ordinance. SIGN LIGHTING - User ’s Guide EXEMPTIONS - User ’s Guide III. GENERAL REQUIREMENTS (cont.) - Ordinance Text MODEL LIGHTING ORDINANCE - USER’S GUIDE TEXTMODEL LIGHTING ORDINANCE - e. Temporary lighting for theatrical, television, performance areas and construction sites; f. Underwater lighting in swimming pools and other water features g. Temporary lighting and seasonal lighting provided that individual lamps are less than 10 watts and 70 lumens. h. Lighting that is only used under emergency conditions. i. In lighting zones 2, 3 and 4, low voltage landscape lighting controlled by an automatic device that is set to turn the lights off at one hour after the site is closed to the public or at a time established by the authority. Exceptions to III. (B.) a. Lighting specified or identified in a specific use permit. b. Lighting required by federal, state, territorial, commonwealth or provincial laws or regulations. All lighting shall follow provisions in this ordinance; however, any special requirements for lighting listed in a) and b) below shall take precedence. C. Lighting Control Requirements 1. Automatic Switching Requirements Controls shall be provided that automatically extinguish all outdoor lighting when sufficient daylight is available using a control device or system such as a photoelectric switch, astronomic time switch or equivalent functions from a program- mable lighting controller, building automation system or light- ing energy management system , all with battery or similar backup power or device. USER’S GUIDE - Page 9 ORDINANCE TEXT - Page 9 This section requires all outdoor lighting to have lighting controls that prohibit operation when sufficient daylight is available, and to include the capability, either through circuiting, dimming or alternating sources, to be able to reduce lighting without necessarily turning all lighting off. LIGHTING CONTROLS - User ’s Guide USER’S GUIDE - Page 10 ORDINANCE TEXT - Page 10 Exceptions to III.(C.) 1. Automatic lighting controls are not required for the following: a. Lighting under canopies. b. Lighting for tunnels, parking garages, garage entrances, and similar conditions. 2. Automatic Lighting Reduction Requirements The Authority shall establish curfew time(s) after which total outdoor lighting lumens shall be reduced by at least 30% or extinguished. Exceptions to III.(C.) 2. Lighting reductions are not required for any of the following: a. With the exception of landscape lighting, lighting for residential properties including multiple residential properties not having common areas. b. c. Code required lighting for steps, stairs, walkways, and building entrances. d. When in the opinion of the Authority, lighting levels must be maintained. e. Motion activated lighting. f. Lighting governed by special use permit in which times of operation are specifically identified. g. Businesses that operate on a 24 hour basis. When the outdoor lighting consists of only one luminaire. III. GENERAL REQUIREMENTS (cont.) - Ordinance Text MODEL LIGHTING ORDINANCE - USER’S GUIDE TEXTMODEL LIGHTING ORDINANCE - CURFEW REQUIREMENTS - User ’s Guide The intent is to reduce or eliminate lighting after a given time. Benefits include reduced environmental impact, longer hours of improved astronomy, energy savings, and improved sleeping conditions for residents. Additionally, some police departments have indicated that post-curfew light reductions make drive-by patrolling easier because it allows them to see further into and through a site. The authority should determine the time of curfew and the amount of lighting reduction based on the character, norms and values of the community. Typically, curfews go into effect one hour after the close of business. Restaurants, bars and major entertainment facilities such as sports stadiums, may require the curfew go into effect two hours after the close of business. The authority may elect to have no curfew for facilities with shift workers and 24 hour operations, or to extend the curfew time to meet specific needs. The MLO can be modified to address those concerns. Areas without street lights or with very low ambient light levels should consider turning off all non-emergency lighting at curfew while commercial areas or urban areas may prefer a reduction in lighting levels. A reduction of at least 30% is recommended for most uses. USER’S GUIDE - Page 11 ORDINANCE TEXT - Page 11 IV. NON-RESIDENTIAL LIGHTING - Ordinance Text MODEL LIGHTING ORDINANCE - USER’S GUIDE TEXTMODEL LIGHTING ORDINANCE - IV. NON-RESIDENTIAL LIGHTING - User ’s Guide This section addresses non-residential lighting and multiple-family residences having common spaces, such as lobbies, interior corridors or parking. Its intent is to: • Limit the amount of light that can be used • Minimize glare by controlling the amount of light that tends to create glare • Minimize sky glow by controlling the amount of uplight • Minimize the amount of off-site impacts or light trespass This MLO provides two methods for determining compliance. The prescriptive method contains precise and easily verifiable requirements for luminaire light output and fixture design that limit glare, uplight, light trespass and the amount of light that can be used. The performance method allows greater flexibility and creativity in meeting the intent of the ordinance. Note that both the prescriptive and the performance method limit the amount of light that can be used, but do not control how the lighting is to be used. Most outdoor lighting projects that do not involve a lighting professional will use the prescriptive method, because it is simple and does not require engineering expertise. For the prescriptive method, the initial luminaire lumen allowances defined in Table A (Parking Space Method) or B (Hardscape Area Method) will provide basic lighting (parking lot and lighting at doors and/or sensitive security areas) that is consistent with the selected lighting zone. The prescriptive method is intended to provide a safe lighting environment while reducing sky glow and other adverse offsite impacts. The Per Parking Space Method is applicable in small rural towns and is a simple method for small retail “mom and pop” operations without drive lane access and where the parking lot is immediately adjacent to the road. A jurisdiction may For all non-residential properties, and for multiple residential properties of seven domiciles or more and having common outdoor areas, all outdoor lighting shall comply either with Part A or Part B of this section. USER’S GUIDE - Page 12 ORDINANCE TEXT - Page 12 IV. NON-RESIDENTIAL LIGHTING (cont.) - Ordinance TextPRESCRIPTIVE METHOD - User ’s Guide MODEL LIGHTING ORDINANCE - USER’S GUIDE TEXTMODEL LIGHTING ORDINANCE - also allow a prescriptive method for classes of sites, such as car dealerships, gas stations, or other common use areas. Note that the values are for initial luminaire lumens, not footcandles on the target (parking lot, sidewalk, etc). Variables such as the efficiency of the luminaire, dispersion, and lamp wear can affect the actual amount of light so the lumens per square foot allowance is not equal to footcandles on the site. By specifying initial luminaire lumen values, it is easier for officials to verify that the requirement is being met. Initial luminaire lumens are available from photometric data. Each initial luminaire lumens calculation should be supplied on the submittal form. Listed below is an example on a typical compliance worksheet for the Prescriptive Method. Solid state luminaires, such as LEDs, do not have initial lamp lumens, only initial luminaire lumens (absolute photometry). Other luminaires tested with relative photometry will have initial luminaire lumens which can be calculated by multiplying initial lamp lumens by the luminaire efficiency. In this example, three types of luminaires are used to light a parking area and building entry in a light commercial area. Two of these three luminaires use metal halide lamps: 70 watt wall mounted area lights and 150 watt pole mounted area lights. For these, the Initial Luminaire Lumens is equal to the initial lamp lumens multiplied by the luminaire efficiency. These values are entered into the compliance chart. The lumen value for the building mounted LED luminaires is equal to the lumens exiting the luminaire. Therefore, the value already represents the Initial Luminaire Lumens and no luminaire efficiency is needed. The total Luminaire Lumens for the site is equal to 247,840. The allowable lumens are based on the lighting zone and the total hard- scape area. Referencing Table B, the allowed lumens are 2.5/SF for LZ2. Multiplying this by the total hardscape square footage gives a value of 250,000 lumens allowed. Because this value is greater than the value calculated for the site, the project complies. A. Prescriptive Method An outdoor lighting installation complies with this section if it meets the requirements of subsections 1 and 2, below. 1. Total Site Lumen Limit The total installed initial luminaire lumens of all outdoor lighting shall not exceed the total site lumen limit. The total site lumen limit shall be determined using either the Parking Space Method (Table A) or the Hardscape Area Method (Table B). Only one method shall be used per permit application, and for sites with existing lighting, existing lighting shall be included in the calculation of total installed lumens. The total installed initial luminaire lumens is calculated as the sum of the initial luminaire lumens for all luminaires. USER’S GUIDE - Page 13 ORDINANCE TEXT - Page 13 IV. NON-RESIDENTIAL LIGHTING (cont.) - Ordinance TextIV. NON-RESIDENTIAL LIGHTING (cont.) - User ’s Guide MODEL LIGHTING ORDINANCE - USER’S GUIDE TEXTMODEL LIGHTING ORDINANCE - In this example, three types of luminaires are used to light a parking area and building entry in a light commercial area. Two of these three luminaires use metal halide lamps: 70 watt wall mounted area lights and 150 watt pole mounted area lights. For these, the Initial Luminaire Lumens is equal to the initial lamp lumens multiplied by the luminaire efficiency. These values are entered into the compliance chart. The lumen value for the building mounted LED luminaires is equal to the lumens exiting the luminaire. Therefore, the value already represents the Initial Luminaire Lumens and no luminaire efficiency is needed. The total Luminaire Lumens for the site is equal to 247,840. The allowable lumens are based on the lighting zone and the total hardscape area. Referencing Table B, the allowed lumens are 2.5/SF for LZ2. Multiplying this by the total hardscape square footage gives a value of 250,000 lumens allowed. Because this value is greater than the value calculated for the site, the project complies. PRESCRIPTIVE METHOD EXAMPLE - COMPLIANCE CHART Lamp Descriptions Initial Luminaire Lumens Total 70 W Metal Halide 8 3,920 31,360 150 W Metal Halide 20 9,600 192,000 18 W LED 24 1,020 24,480 TOTAL INITIAL LUMINAIRE LUMENS 247,840 SITE ALLOWED TOTAL INITIAL LUMENS* 250,000 PROJECT IS COMPLIANT? YES Site Allowed Total Initial Lumens (lumens per SF X hardscape area) 2.5 250,000 Site Description Light Commercial Hardscape Area (SF)100,000 Lighting Zone LZ-2 Allowed Lumens per SF of Hardscape (Table B) SITE ALLOWED TOTAL INITIAL LUMENS * Listed below is the method of determining the allowed total initial lumen for non-residential outdoor lighting using the hardscape areamethod. (Table B). QTY IV. NON-RESIDENTIAL LIGHTING (cont.) - Ordinance TextPRESCRIPTIVE METHOD (cont.) - User ’s Guide MODEL LIGHTING ORDINANCE - USER’S GUIDE TEXTMODEL LIGHTING ORDINANCE - USER’S GUIDE - Page 14 ORDINANCE TEXT - Page 14 The prescriptive method of the MLO restricts uplighting, including upward light emitted by decorative luminaires. A jurisdiction may choose to preserve some types of lighting, including lighting of monuments or historic structures. In this case, the adopting jurisdiction should exempt or otherwise regulate these types of lighting carefully so that it does not inadvertently allow glaring or offensive lighting systems. Offsite effects of light pollution include glare, light trespass, sky glow, and impacts on the nocturnal environment . All of these are functions of the fixture or luminaire design and installation. This document replaces the previous luminaire classification terminology of full cut-off, semi cut-off, and cut-off because those classifications were not as effective in controlling offsite impacts as with the new IESNA luminaire classification system as described in TM-15-07. 2. Limits to Off Site Impacts All luminaires shall be rated and installed according to Table C. 3. Light Shielding for Parking Lot Illumination All parking lot lighting shall have no light emitted above 90 degrees. Exception: a) Ornamental parking lighting shall be permitted by special permit only, and shall meet the requirements of Table C-1 for Backlight, Table C-2 for Uplight, and Table C-3 for Glare, without the need for external field-added modifications. A traditional method of defining light trespass is to identify a maximum light level at or near the property line. However, this method does not address offensive light that is not directed toward the ground, or the intensity of glaring light shining into adjacent windows. The require- ments defined in Table C limit the amount of light in all quadrants that is directed toward or above the property line. The Backlight/Uplight/ Glare (BUG) rating will help limit both light trespass and glare. (A detailed explanation of the BUG system is provided in the section on Table C.) The limits for light distribution established in Table C (for the BUG rating system) prevent or severely limit all direct upward light. A small amount of uplight reflected by snow, light-colored pavement or a luminaire's supporting arms is inevitable and is not limited by the prescriptive method of this ordinance. LIMITS TO OFFSITE IMPACTS PRESCRIPTIVE METHOD PRESCRIPTIVE METHOD (cont.) - User ’s Guide IV. NON-RESIDENTIAL LIGHTING (cont.) - Ordinance Text MODEL LIGHTING ORDINANCE - USER’S GUIDE TEXTMODEL LIGHTING ORDINANCE - USER’S GUIDE - Page 15 ORDINANCE TEXT - Page 15 IV. NON-RESIDENTIAL LIGHTING (cont.) - Ordinance Text A seemingly non-compliant fixture, such as a post-top translucent acorn luminaire, may in certain cases meet the BUG ratings, as long as it has proper interior baffling within the acorn globe. However, the BUG ratings in Table C will limit the use of the following types of luminaires in all lighting zones: LIMITS TO OFFSITE IMPACTS Barn Lights Non-Shielded Floodlights or Wall Packs lights not aimed downward MODEL LIGHTING ORDINANCE - USER’S GUIDE TEXTMODEL LIGHTING ORDINANCE - USER’S GUIDE - Page 16 ORDINANCE TEXT - Page 16 PERFORMANCE METHOD - User ’s Guide B. Performance Method 1. Total Site Lumen Limit The total installed initial luminaire lumens of all lighting systems on the site shall not exceed the allowed total initial site lumens. The allowed total initial site lumens shall be determined using Tables D and E. For sites with existing lighting, existing lighting shall be included in the calculation of total installed lumens. The total installed initial luminaire lumens of all is calculated as the sum of the initial luminaire lumens for all luminaires. IV. NON-RESIDENTIAL LIGHTING (cont.) - Ordinance Text The performance method is best for projects with complex lighting requirements or when the applicant wants or needs more flexibility in lighting design. The performance method is also used when any lighting designer plans to aim or direct any light fixture upward (above 90 degrees). An engineer or lighting professional generally will be required to design within the performance method. An adopting jurisdiction may also wish to hire an engineer or lighting professional to review and approve projects using this method and/or incorporate review of the performance method into special review procedures. The Performance Method is also best for projects where higher lighting levels are required compared to typical area lighting. An example might be a car sales lot where more light might be required on the new cars than would be needed for a standard parking lot. Another example is a gas station canopy requiring more light than a building entrance canopy. The first step in the Performance Method regulates overlighting by establishing the Total Initial Site Lumens (Table D) that are allowed. Allowances include the summation of the following (Table D): 1) Initial lumen allowance per site 2)Per area (SF) of hardscape Table E allows additional lumens for unique site conditions. Examples of allowances include: 1)Per building entrance/exit 2)Per length (linear feet) of Outdoor Sales Frontage Perimeter 3)Per area (SF) of Vehicle Service Station Canopy 4)Plus more … The Site Total Initial Site Lumens allowed are a combination of allowances from Table D and Table E. USER’S GUIDE - Page17 ORDINANCE TEXT - Page 17 MODEL LIGHTING ORDINANCE - USER’S GUIDE TEXTMODEL LIGHTING ORDINANCE - LIMITS TO OFFSITE IMPACTS (cont.) IV. NON-RESIDENTIAL LIGHTING (cont.) - User ’s Guide 2. Limits to Off Site Impacts All luminaires shall be rated and installed using either Option A or Option B. Only one option may be used per permit application. Option A: All luminaires shall be rated and installed according to Table C. Option B: The entire outdoor lighting design shall be analyzed using industry standard lighting software including inter- reflections in the following manner: 1) Input data shall describe the lighting system including luminaire locations, mounting heights, aiming directions, and employing photometric data tested in accordance with IES guidelines. Buildings or other physical objects on the site within three object heights of the property line must be included in the calculations. 2) Analysis shall utilize an enclosure comprised of calculation planes with zero reflectance values around the perimeter of the site. The top of the enclosure shall be no less than 33 feet (10 meters) above the tallest luminaire. Calculations shall include total lumens upon the inside surfaces of the box top and vertical sides and maximum vertical illuminance (footcandles and/or lux) on the sides of the enclosure. The design complies if: a) The total lumens on the inside surfaces of the virtual enclosure are less than 15% of the total site lumen limit; and b) The maximum vertical illuminance on any vertical surface is less than the allowed maximum illuminance per Table F. IV. NON-RESIDENTIAL LIGHTING (cont.) - Ordinance TextIV. NON-RESIDENTIAL LIGHTING (cont.) - Ordinance Text PERFORMANCE METHOD The second step in the Performance Method is to determine if the pro- posed luminaires are producing off site impacts such as glare, sky glow and light trespass. One may either use Option A which are the Maximum Allowable BUG Ratings in Table C, or Option B through computer lighting calculations show compliance with Maximum Vertical Illuminance at any point in the plane of the property line in Table F. Option B will be required for all non-residential luminaires that A) do not have BUG ratings, or B) exceed the BUG ratings, C) are not fully shielded, or D) have adjustable mountings. For the performance method, Option B (2) requires photometric calcu- lations for the site perimeter, to a height of no less than 33 feet (10 meters) above the tallest luminaire. Vertical illuminances at eye height (5 feet above grade) will give values that can be used to verify compliance by comparing actual site conditions to the photometric plan submitted during review. Note that the MLO specifies 'total initial luminaire lumens' as a measurement in addition to footcandles/lux. The footcandle (lux) is equal to one lumen per square meter. Lux is the metric unit and is equal to one lumen per square meter. MODEL LIGHTING ORDINANCE - USER’S GUIDE TEXTMODEL LIGHTING ORDINANCE - USER’S GUIDE - Page18 ORDINANCE TEXT - Page 18 The application form will require information about the number of luminaires, the number of lamps in each luminaire, the initial luminaire lumens for each luminaire and Field verification can be achieved by asking the applicant and/or owner to verify that the luminaire type, lamp type and wattages specified have been used. Also ask the applicant for photometric data for each luminaire, since the initial luminaire lumens and B-U-G ratings are stated on the photometric report. However, if a jurisdiction requires additional on-site verification, it may also request a point-by-point photometric plan. While this will not be a true measure of compliance with the criteria of this Ordinance, comparing the actual measured levels on site to the photometric plan can be an indication whether or not the installed lighting varies from the approved design. the initial lumen output for each lamp (based on the wattage and type of lamp selected) as well as plans showing the site area measurements. This will allow the reviewer to verify that the lumen output of all the luminaires does not exceed the allowance. DESIGN COMPLIANCE - User ’s Guide V. RESIDENTIAL LIGHTING - Ordinance Text MODEL LIGHTING ORDINANCE - USER’S GUIDE TEXTMODEL LIGHTING ORDINANCE - This section applies to single family home, duplexes, row houses, and low rise multi-family buildings of 6 dwelling units or less. V. RESIDENTIAL LIGHTING - User ’s Guide A. General Requirements For residential properties including multiple residential properties not having common areas, all outdoor luminaires shall be fully shielded and shall not exceed the allowed lumen output in Table G, row 2. Exceptions 1. One partly shielded or unshielded luminaire at the main entry, not exceeding the allowed lumen output in Table G row 1. 2. Any other partly shielded or unshielded luminaires not exceeding the allowed lumen output in Table G row 3. 3. Low voltage landscape lighting aimed away from adjacent properties and not exceeding the allowed lumen output in Table G row 4. 4. Shielded directional flood lighting aimed so that direct glare is not visible from adjacent properties and not exceeding the allowed lumen output in Table G row 5. 5. Open flame gas lamps. 6. Lighting installed with a vacancy sensor, where the sensor extinguishes the lights no more than 15 minutes after the area is vacated. 7. Lighting exempt per Section III (B.). B. Requirements for Residential Landscape Lighting 1.Shall comply with Table G. 2.Shall not be aimed onto adjacent properties. USER’S GUIDE - Page 19 ORDINANCE TEXT - Page 19 The exceptions allow for typical lighting that might exceed the specified limits. Landscape Lighting - While not common in residential areas, it can cause light pollution and light trespass if it is not controlled. Lighting controlled by Vacancy (Motion) Sensor - Reduces light pollution and light trespass and should be encouraged. RESIDENTIAL LIGHTING EXCEPTIONS Comparison of efficacy by power (120 Volt Incandescent lamps) 500 850 60 13 - 18 12 - 15 1,200 75 18 - 22 15 40 8 - 10 9 Output (Watt) (Lumens) Power 1,700 100 23 - 28 18 Incan CFL LED RESIDENTIAL LIGHTING EXAMPLE In this example on the following page, five different luminaires are used on a residential property. Each luminaire must comply to meet the requirements. The site plan following shows luminaire types followed by a tabulation of each uminaire, whether or not it is fully shielded, lamp type, and initial luminaire lumens. If the luminaire lumens are not known, multiply the initial lamp lumens by the luminaire efficiency. If the efficiency is not known, multiply the initial lamp lumens by 0.7 as a reasonable assumption. The maximum allowable lumen values come from Table G, based on the shielding classification and location on the site. In this case, each luminaire complies with the requirements of Table G. Luminaire Type Lo cation Lum inaire Description Full y S hielded La mp Type Initial Luminiare Lume ns * Max imum All owe d Initial Luminaire Lumens (Table G )Controls Compliant A Front Entry Decora tive w all sconce No 9W CFL 420 420 N one Ye s B Garage Do or Fully s hi elde d w all pa ck Yes 23W CFL 1050 1260 O ccupancy S e nsor Ye s C Ba ck Entry Decora tive w all sconce No 7W CFL 280 315 O ccupancy S e nsor Ye s D She d E ntry Fully s hi elde d w all pa ck Yes 40W IN C 343 1260 O ccupancy S e nsor Ye s E Driv e way Fully s hi elde d post top Yes 13W CFL 1260 1260 N one Ye s Prope rty Ty pe: Res idential Lighting Zone 1 *Initi al Luminaire Lumens are calculated by multipl yi ng the total in itia l lamp lume ns by the luminaire ef fi ciency . If the luminaire ef ficie ncy is not known , as sume an e ff iciency of 70% and multiply the l amp lum e n va lue by 0.7. USER’S GUIDE - Page 20 ORDINANCE TEXT - Page 20 V. RESIDENTIAL LIGHTING - User ’s Guide MODEL LIGHTING ORDINANCE - USER’S GUIDE TEXTMODEL LIGHTING ORDINANCE - USER’S GUIDE - Page 21 ORDINANCE TEXT - Page 21 VI. LIGHTING BY SPECIAL PERMIT ONLY - Ordinance Text VI. LIGHTING BY SPECIAL PERMIT ONLY - User ’s Guide MODEL LIGHTING ORDINANCE - USER’S GUIDE TEXTMODEL LIGHTING ORDINANCE - A. High Intensity and Special Purpose Lighting The following lighting systems are prohibited from being installed or used except by special use permit: 1. Temporary lighting in which any single luminaire exceeds 20,000 initial luminaire lumens or the total lighting load exceeds 160,000 lumens. 2. Aerial Lasers. 3. Searchlights. 4. BOther very intense lighting defined as having a light source exceeding 200,000 initial luminaire lumens or an intensity in any direction of more than 2,000,000 candelas. B. Complex and Non-Conforming Uses Upon special permit issued by the Authority, lighting not complying with the technical requirements of this ordinance but consistent with its intent may be installed for complex sites or uses or special uses including, but not limited to, the following applications: 1. Sports facilities, including but not limited to unconditioned rinks, open courts, fields, and stadiums. 2. Construction lighting. 3. Lighting for industrial sites having special requirements, such as petrochemical manufacturing or storage, shipping piers, etc. 4. Parking structures. 5. Urban parks 6. Ornamental and architectural lighting of bridges, public monuments, statuary and public buildings. 7. Theme and amusement parks. 8. Correctional facilities. To obtain such a permit, applicants shall demonstrate that the proposed lighting installation: a. Has sustained every reasonable effort to mitigate the effects of light on the environment and surrounding properties, supported by a signed statement describing the mitigation measures. Such statement shall be accompanied by the calculations required for the Performance Method. This section addresses types of lighting that are intrusive or complex in their impacts and need a higher level of scrutiny and/or site sensitivity. It should be noted that safety could be compromised if lighting conforming to this ordinance is located adjacent to excessively bright and/or glaring lighting. It is important that the authority set clear and reasonable guidelines for applying for a special lighting use permit, and establish rules and procedures for granting or refusing them. They may differ from existing special use policies, in which case one or the other may be changed to achieve the overall goal of effective lighting without glare, sky glow, or light trespass. For athletic and sports fields, the appropriate level of lighting will depend on the Class of Play and Facilities. Class of Play is divided into 4 categories, depending on the number of fixed spectator seats. (Competition play intended for nighttime TV broadcast may require higher lighting levels). CLASS I: Competition play at facilities with 5,000 or more fixed spectator seats. (Professional, Colleges & Universities, some Semi-Professional & Large Sports Cubs) CLASS II: Games at facilities with over 1,500 fixed spectator seats. (Smaller Universities and Colleges, some Semi-pro, large amateur leagues and high schools with large spectator facilities) CLASS III: Games at facilities with over 500 fixed spectator seats. (Sports Clubs and amateur leagues, some high schools and large training professional training facilities with spectator sections) CLASS IV: at facilities fixed spectator seats (Smaller amateur leagues, park and recreation department facilities, most Little Leagues smaller high schools, elementary and middle schools, and social events) Competition or recreational play with 500 or less. Class IV Class of Play applies to games at which family and close friends of the players and staff are usually the majority of spectators. SPORTS FIELD LIGHTING VI. LIGHTING BY SPECIAL PERMIT ONLY (cont.) - Ordinance Text MODEL LIGHTING ORDINANCE - USER’S GUIDE TEXTMODEL LIGHTING ORDINANCE - b. Employs lighting controls to reduce lighting at a Project Specific Curfew (“Curfew”) time to be established in the Permit. c. Complies with the Performance Method after Curfew. The Authority shall review each such application. A permit may be granted if, upon review, the Authority believes that the proposed lighting will not create unwarranted glare, sky glow, or light trespass. VII. EXISTING LIGHTING - Ordinance Text VII. EXISTING LIGHTING - User ’s Guide Adoption of this section on existing lighting is strongly encouraged. If the adopting jurisdiction has criteria in place that require a property to come into compliance with the current zoning ordinance, it is recommended that the criteria also be applied to bringing existing lighting into compliance. If there are no established criteria, this section of the MLO is recommended. Amortization allows existing lighting to gradually and gracefully come into compliance. Substantial changes or additions to existing properties are considered the same as new construction, and must comply. Most outdoor lighting can be fully depreciated once it is fully amortized, usually no longer than 10 years, if not sooner, from the date of initial installation. Some jurisdictions may prefer to require phase-out in a substantially shorter period. The Authority may also wish to require compliance much sooner for “easy fixes” such as re-aiming or lowering lumen output of lamps. Where lighting is judged to be a safety hazard, immediate compliance can be required. Lighting installed prior to the effective date of this ordinance shall comply with the following. A. Amortization On or before [amortization date], all outdoor lighting shall comply with this Code. B. New Uses or Structures, or Change of Use Whenever there is a new use of a property (zoning or variance change) or the use on the property is changed, all outdoor lighting on the property shall be brought into compliance with this Ordinance before the new or changed use commences. C. Additions or Alterations 1. Major Additions. If a major addition occurs on a property, lighting for the entire property shall comply with the requirements of this Code. For purposes of this section, the following are considered to be major additions: USER’S GUIDE - Page 22 ORDINANCE TEXT - Page 22 When Class of Play is above Class IV, a dual control should be installed to limit illumination to Class IV levels during practices where spectators are fewer than 500. (See IES Recommended Practice for Sports and Recreational Area Lighting RP-6) SPORTS FIELD LIGHTING USER’S GUIDE - Page 23 ORDINANCE TEXT - Page 23 VII. EXISTING LIGHTING (cont.) - Ordinance Text MODEL LIGHTING ORDINANCE - USER’S GUIDE TEXTMODEL LIGHTING ORDINANCE - Additions of 25 percent or more in terms of additional dwelling units, gross floor area, seating capacity, or parking spaces, either with a single addition or with cumulative additions after the effective date of this Ordinance. Single or cumulative additions, modification or replacement of 25 percent or more of installed outdoor lighting luminaires existing as of the effective date of this Ordinance. 2. Minor Modifications, Additions, or New Lighting Fixtures for Non-residential and Multiple Dwellings For non-residential and multiple dwellings, all additions, modifi- cations, or replacement of more than 25 percent of outdoor lighting fixtures existing as of the effective date of this Ordinance shall require the submission of a complete inventory and site plan detailing all existing and any proposed new outdoor lighting. Any new lighting shall meet the requirements of this Ordinance. 3. Resumption of Use after Abandonment If a property with non-conforming lighting is abandoned for a period of six months or more, then all outdoor lighting shall be brought into compliance with this Ordinance before any further use of the property occurs. VIII. ENFORCEMENT & PENALTIES - Ordinance Text (Reserved) VIII. ENFORCEMENT AND PENALTIES - User ’s Guide Enforcement and penalties will vary by jurisdiction. There are, however, certain practices that will promote compliance with lighting regulations. Education is a key tool in promoting compliance. Proactive enforcement procedures can include providing a copy of the lighting regulations to every contractor at the time they visit to obtain a building permit. Another effective tool is a requirement that the builder or developer acknowledge in writing that the he or she is familiar with the lighting requirements and will submit a lighting plan for approval. IX. TABLES - Ordinance Text MODEL LIGHTING ORDINANCE - USER’S GUIDE TEXTMODEL LIGHTING ORDINANCE - IX. TABLES - User ’s Guide The tables are to be reviewed periodically by a joint committee of the IES and IDA, and adjusted as standards and technology permit. If more research on the impacts of outdoor lighting shows the effects of light pollution to be a significant concern, then the values in the tables may be modified. Such changes will have no significant impact to the balance of the language of the Ordinance or Code. Table A - Allowed Total Initial Luminaire Lumens per Site for Non-residential Outdoor Lighting, Per Parking Space Method May only be applied to properties up to 10 parking spaces (including handicapped accessible spaces). LZ-0 350 lms/space LZ-1 490 lms/space LZ-2 630 lms/space LZ-3 840 lms/space LZ-4 1,050 lms/space USER’S GUIDE - Page 24 ORDINANCE TEXT - Page 24 VIII. ENFORCEMENT AND PENALTIES - User ’s Guide (cont.) Submission of the Lighting Plan should be required as a precondition to any approvals. The Lighting Plan should include the location and BUG rating for each luminaire, specify whether compliance is by the performance or prescriptive method, and a worksheet to show that the luminaires and their BUG ratings are compliant. VIII. ENFORCEMENT & PENALTIES - Ordinance Text Table B - Allowed Total Initial Lumens per Site for Non- residential Outdoor Lighting, Hardscape Area Method May be used for any project. When lighting intersections of site drives and public streets or road, a total of 600 square feet for each intersection may be added to the actual site hardscape area to provide for intersection lighting. LZ-0 0.5 lumens per SF of Hardscape LZ-1 LZ-2 LZ-3 LZ-4 Base Allowance 1.25 lumens per SF of Hardscape 2.5 lumens per SF of Hardscape 5.0 lumens per SF of Hardscape 7.5 lumens per SF of Hardscape Table B - Lumen Allowances, in Addition to Base Allowance Outdoor Sales Lots. This allow- ance is lumens per square foot of un- covered sales lots used exclusively for the display of vehicles or other merchandise for sale, and may not include driveways, parking or other non sales areas. To use this allow- ance, luminaires must be within 2 mounting heights of sales lot area. 4 lumens per square foot 8 lumens per square foot 16 lumens per square foot 16 lumens per square foot Outdoor Sales Frontage. This allowance is for lineal feet of sales frontage immediately adjacent to the principal viewing location(s) and unobstructed for its viewing length. A corner sales lot may include two adjacent sides provided that a differ- ent principal viewing location exists for each side. In order to use this al- lowance, luminaires must be located between the principal viewing loca- tion and the frontage outdoor sales area 1,000 per LF 1,500 per LF 2,000 per LF Drive Up Windows. In order to use this allowance, luminaires must be within 20 feet horizontal distance of the center of the window. 0 0 0 Vehicle Service Station. This allowance is lumens per installed fuel pump. 0 4,000 lumens per pump (based on 5 fc horiz) 8,000 lumens per pump (based on 10 fc horiz) 16,000 lumens per pump (based on 20 fc horiz) 24,000 lumens per pump (based on 20 fc horiz) IX. TABLES - Ordinance Text MODEL LIGHTING ORDINANCE - USER’S GUIDE TEXTMODEL LIGHTING ORDINANCE - USER’S GUIDE - Page 25 ORDINANCE TEXT - Page 25 2,000 lumens per drive-up window 0 8,000 lumens per drive-up window 4,000 lumens per drive-up window 8,000 lumens per drive-up window LZ 0 LZ 1 LZ 2 LZ 3 LZ 4 Additional allowances for sales and service facilities. No more than two additional allowances per site, Use it or Lose it. USER’S GUIDE - Page 26 ORDINANCE TEXT - Page 26 IX. TABLES (cont.) - Ordinance Text IX. TABLES - TABLE C BUG RATING - User ’s Guide MODEL LIGHTING ORDINANCE - USER’S GUIDE TEXTMODEL LIGHTING ORDINANCE - Table C - Maximum Allowable Backlight, Uplight and Glare (BUG) Ratings May be used for any project. A luminaire may be used if it is rated for the lighting zone of the site or lower in number for all ratings B, U and G. Luminaires equipped with adjustable mounting devices permitting alteration of luminaire aiming in the field shall not be permitted. Lighting Zone 4 Lighting Zone 3 Lighting Zone 2 Lighting Zone 1 Lighting Zone 0 Allowed Backlight Rating* B5B5B4B3B1Greater than 2 mounting heights from property line 1 to less than 2 mounting heights from property line and ideally oriented** B4B4B3B2B1 0.5 to 1 mounting heights from property line and ideally oriented** B3B3B2B1B0 Less than 0.5 mounting height to property line and properly oriented** B2B1B0B0B0 Work on the BUG system started in 2005 when the IES upgraded the roadway cutoff classification system. The original system, which included the ratings full cutoff, cutoff, semi-cutoff and non cutoff, had been designed as a rating system focused on brightness and glare control. However, with increasing demand for control of uplight and light trespass in addition to glare, IES realized that a more comprehensive system was needed. IES developed TM-15 Luminaire Classification System for Outdoor Luminaires. As this is a relatively new rating system, and many people may not be familiar with it, more explanation of how the rating system works is provided here. For example, some people are familiar with terms such as “full cutoff ” and they may expect the MLO to include those terms. It will be very important that all groups recognize that older terms and concepts are inadequate for the complex tasks of controlling light pollution. It is recommended that the new rating system adopted in TM-15, as followed herein by the MLO, be used intact and exclusively. BUG requires downlight only with low glare (better than full cut off) in lighting zones 0, 1 and 2, but allows a minor amount of uplight in lighting zones 3 and 4. In lighting zones 3 and 4, the amount of allowed uplight is enough to permit the use of very well shielded luminaires that have a decorative drop lens or chimney so that dark sky friendly lighting can be installed in places that traditional-appearing luminaires are required. BUG typically cannot be used for residential luminaires unless they have been photometrically tested. For non-photometrically tested residential luminaires, shielding description is used instead. The lumen limits established for each lighting zone apply to all types of lighting within that zone. This includes, but is not limited to, specialty lighting, façade lighting, security lighting and the front row lighting for auto dealerships. BUG rating limits are defined for each luminaire and TABLE C-1 *For property lines that abut public walkways, bikeways, plazas, and parking lots, the property line may be considered to be 5 feet beyond the actual property line for purpose of determining compliance with this section. For property lines that abut public roadways and public transit corridors, the property line may be considered to be the center- line of the public roadway or public transit corridor for the purpose of determining compliance with this section. NOTE: This adjustment is relative to Table C-1 and C-3 only and shall not be used to increase the lighting area of the site. ** To be considered 'ideally oriented', the luminaire must be mounted with the backlight portion of the light output oriented perpendicular and towards the property line of concern. IX. TABLES (cont.) - Ordinance Text USER’S GUIDE - Page 27 ORDINANCE TEXT - Page 27 The three components of BUG ratings are based on IES TM-15-07 (revised): which creates light trespass onto adjacent sites. The B rating takes into account the amount of light in the BL, BM, BH and BVH zones, which are in the direction of the luminaire OPPOSITE from the area intended to be lighted. which causes artificial sky glow. Lower uplight (zone UL) causes the most sky glow and negatively affects professional and academic astronomy. Upper uplight (UH) not reflected off a surface is mostly energy waste. The U rating defines the amount of light into the upper hemisphere with greater concern for the light at or near the horizontal angles (UL). which can be annoying or visually disabling. The G rating takes into account the amount of frontlight in the FH and FVH zones as well as BH and BVH zones. BUG ratings apply to the Lighting Zone of the property under consideration. Backlight, Uplight, Glare, IX. TABLES - TABLE C BUG RATING (cont.) - User ’s Guide MODEL LIGHTING ORDINANCE - USER’S GUIDE TEXTMODEL LIGHTING ORDINANCE - are based on the internal and external design of the luminaire, its aiming, and the initial luminaire lumens of the specified luminaires. The BUG rating limits also take into consideration the distance the luminaire is installed from the property line in multiples of the mounting height (See Table C). Lighting Zone 4 Lighting Zone 3 Lighting Zone 2 Lighting Zone 1 Lighting Zone 0 Any luminaire not ideally oriented*** with 1 to less than 2 mounting heights to any property line of concern Lighting Zone 4 Lighting Zone 3 Lighting Zone 2 Lighting Zone 1 Lighting Zone 0 Allowed % light emission above 90º for street or Area lighting (Key: UH=Uplight High, UL=Uplight Low, BVH=Backlight Very High, BH=Backlight High, BM=Backlight Medium, BL=Backlight Low, FVH=Forward Light Very High, FH=Forward Light High, FM=Forward Light Medium, FL=Forward Light Low.) In general, a higher BUG rating means more light is allowed in solid angles, and the rating increases with the lighting zone. However, a higher B (backlight) rating simply indicates that the luminaire directs a significant portion of light behind the pole, so B ratings are designated based on the location of the luminaire with respect to the property line. A high B rating luminaire maximizes the spread of light, and is effective and efficient when used far from the property line. When luminaires are located near the property line, a lower B rating will prevent unwanted light from interfering with neighboring properties. At the 90-180 degree ranges: • Zone 0 allows no light above 90 degrees. • Zone 1 allows only 10 lumens in the UH and UL zones, 20 lumens total in the complete upper hemisphere. (This is roughly equivalent to a 5 W incandescent lamp). • Zone 2 allows only 50 lumens in the UH and UL zones, 100 lumens total (less than a 25W incandescent lamp). • Zone 3 allows only 500 lumens in the UH and UL zones, 1000 lumens total (about the output of a 75W incandescent bulb). · Zone 4 allows only 1,000 lumens in the UH and UL zones, 2000 lumens total (about the output of a 100W incandescent bulb). USER’S GUIDE - Page 28 ORDINANCE TEXT - Page 28 IX. TABLES - TABLE C BUG RATING (cont.) - User ’s Guide MODEL LIGHTING ORDINANCE - USER’S GUIDE TEXTMODEL LIGHTING ORDINANCE - IX. TABLES (cont.) - Ordinance Text Table C - 2 Maximum Allowable Uplight (BUG) Ratings - Continued Allowed Uplight Rating U4U3U2U1U0 0%0%0%0%0% Table C - 3 Maximum Allowable Glare (BUG) Ratings - Continued Allowed Glare Rating G4G3G2G1G0 G2G1G1G0G0 Any luminaire not ideally oriented*** with 0.5 to 1 mounting heights to any property line of concern G1G1G0G0G0 Any luminaire not ideally oriented*** with less than 0.5 mounting heights to any property line of concern G1G0G0G0G0 *** Any luminaire that cannot be mounted with its backlight perpendicular to any property line within 2X the mounting heights of the luminaire location shall meet the reduced Allowed Glare Rating in Table C-3. TABLE C-3 TABLE C-2 USER’S GUIDE - Page 29 ORDINANCE TEXT - Page 29 MODEL LIGHTING ORDINANCE - USER’S GUIDE TEXTMODEL LIGHTING ORDINANCE - Table D Performance Method Allowed Total Initial Site Lumens May be used on any project. IX. TABLES (cont.) - Ordinance Text MODEL LIGHTING ORDINANCE - USER’S GUIDE TEXTMODEL LIGHTING ORDINANCE - TABLE D EXAMPLE - PERFORMANCE METHOD - User ’s Guide The first step in the Performance Method is to establish the Site Total Initial Site Lumens which regulates overlighting. The performance method allows layers of light depending on the complexity of the site. Table D establishes the basic total initial site lumens allowed. These lumen allowances are added together for a total initial site lumen allowance. Allowances include: 1) Initial lumen allowance per site 2) Per area (SF) of hardscape LZ 0 LZ 1 LZ 2 LZ 3 LZ 4 21,000 7.5 14,000 5.0 7,000 2.5 0 0.5 3,500 1.25 Lighting Zone Allowed Base Lumens Per Site Allowed Lumens Per SF Table E Performance Method Additional Initial Luminaire Lumen Allowances. All of the following are “use it or lose it” allowances. All area and distance measurements in plan view unless otherwise noted. LZ 0 LZ 1 LZ 2 LZ 3 LZ 4 400 1,000 2,000 4,000 6,000 Building Entrances or Exits. This allowance is per door. In order to use this allowance, luminaires must be within 20 feet of the door. Lighting Application 8/SF Building Facades. This allowance is lumens per unit area of building façade that are illuminated. To use this allowance, luminaires must be aimed at the façade and capable of illuminating it without obstruction. 16/SF 24/SF 0 0 Additional Lumens Allowances for All Buildings except service stations and outdoor sales facilities. A MAXIMUM OF THREE (3) ALLOWANCES ARE PERMITTED. THESE ALLOWANCES ARE “USE IT OR LOSE IT”. USER’S GUIDE - Page 30 ORDINANCE TEXT - Page 30 Table E - Performance Method Additional Initial Lumen Allowances (cont.) IX. TABLES (cont.) - Ordinance Text MODEL LIGHTING ORDINANCE - USER’S GUIDE TEXTMODEL LIGHTING ORDINANCE - The allowable light levels for these uses defined in Table E may be used to set a prescriptive lighting allowance for these uses in each lighting zone. It should be noted that the lighting allowance defined in Table E is only applicable for the area defined for that use and cannot be transferred to another area of the site. For some uses, such as outdoor sales, the jurisdiction is encourages to define a percentage of the total hardscape area that is eligible for the additional lighting allowance. For example, a set percentage of a car dealership's lot may be considered a display area and receive the additional lighting allowance where the remainder of the lot would be considered storage, visitor parking, etc. and cannot exceed the base light levels defined in Table A. TABLE E PERFORMANCE METHOD - User ’s Guide TABLE E EXAMPLE - PERFORMANCE METHOD - User ’s Guide LZ 0 LZ 1 LZ 2 LZ 3 LZ 4 Drive Up Windows. This allowance is lumens per window. In order to use this allowance, luminaires must be within 20 feet of the center of the window. 2,000 lumens per drive-up window Lighting Application Sales or Non-sales Canopies. This allowance is lumens per unit area for the total area within the drip line of the canopy. In order to qualify for this allowance, luminaires must be located under the canopy. 0 3/SF 6/SF 12/SF 18/SF 0 12/SF 24/SF 36/SF Guard Stations. This allowance is lumens per unit area of guardhouse plus 2000 sf per vehicle lane. In order to use this allowance, luminaires must be within 2 mounting heights of a vehicle lane or the guardhouse. 6/SF Outdoor Dining. This allowance is lumens per unit area for the total il- luminated hardscape of outdoor dining. In order to use this allowance, luminaires must be within 2 mounting heights of the hardscape area of outdoor dining 0 5/SF 10/SF 15/SF 1/SF 0 8,000 lumens per drive-up window 4,000 lumens per drive-up window 8,000 lumens per drive-up window Vehicle Service Station Hardscape. This allowance is lumens per unit area for the total illuminated hardscape area less area of buildings, area under canopies, area off property, or areas obstructed by signs or structures. In order to use this allowance, luminaires must be illuminating the hardscape area and must not be within a building, below a canopy, beyond property lines, or obstructed by a sign or other structure. 0 8/SF 16/SF 24/SF 4/SF Additional Lumens Allowances for Service Stations only. Service stations may not use any other additional allowances. USER’S GUIDE - Page 31 ORDINANCE TEXT - Page 31 Table E - Performance Method Additional Initial Lumen Allowances (cont.) IX. TABLES (cont.) - Ordinance Text MODEL LIGHTING ORDINANCE - USER’S GUIDE TEXTMODEL LIGHTING ORDINANCE - LZ 0 LZ 1 LZ 2 LZ 3 LZ 4Lighting Application 8/SF 16/SF 32/SF 32/SF Vehicle Service Station Canopies. This allowance is lumens per unit area for the total area within the drip line of the canopy. In order to use this allowance, luminaires must be located under the canopy. 0 Additional Lumens Allowances for Outdoor Sales facilities only. Outdoor Sales facilities may not use any other additional allowances. NOTICE: lighting permitted by these allowances shall employ controls ex- tinguishing this lighting after a curfew time to be determined by the Authority. Outdoor Sales Lots. This allowance is lumens per square foot of uncov- ered sales lots used exclusively for the display of vehicles or other mer- chandise for sale, and may not in- clude driveways, parking or other non sales areas and shall not exceed 25% of the total hardscape area. To use this allowance, Luminaires must be within 2 mounting heights of the sales lot area. 4/SF 8/SF 12/SF 18/SF0 Outdoor Sales Frontage. This al- lowance is for lineal feet of sales frontage immediately adjacent to the principal viewing location(s) and un- obstructed for its viewing length. A corner sales lot may include two ad- jacent sides provided that a different principal viewing location exists for each side. In order to use this allow- ance, luminaires must be located between the principal viewing location and the frontage outdoor sales area. 0 0 1,000/ LF 1,500/ LF 2,000/ LF MODEL LIGHTING ORDINANCE - USER’S GUIDE TEXTMODEL LIGHTING ORDINANCE - USER’S GUIDE - Page 32 ORDINANCE TEXT - Page 32 IX. TABLES (cont.) - Ordinance Text Table F Maximum Vertical Illuminance at any point in the plane of the property line Lighting Zone 0 Lighting Zone 1 Lighting Zone 2 Lighting Zone 3 Lighting Zone 4 0.05 FC or 0.5 LUX 0.3 FC or 3.0 LUX 0.1 FC or 1.0 LUX 0.8 FC or 8.0 LUX 1.5 FC or 15.0 LUX USER’S GUIDE - Page 33 ORDINANCE TEXT - Page 33 IX. TABLES (cont.) - Ordinance Text MODEL LIGHTING ORDINANCE - USER’S GUIDE TEXTMODEL LIGHTING ORDINANCE - TABLE G RESIDENTIAL LIGHTING - User’s Guide Residential Light Levels Most residential lighting has traditionally used incandescent lamps which are identified by their wattage. However, since new technologies provide more light for fewer watts, it is no longer possible to regulate residential lighting solely by providing a maximum wattage. Table G, therefore, lists maximum initial luminaire lumens only. Table G - Residential Lighting Limits Lighting Application LZ 0 Not allowed LZ 1 420 lumens 1,260 lumens 630 lumens 1,260 lumens LZ 2 630 lumens 1,260 lumens LZ 3 630 lumens 1,260 lumens LZ 4 630 lumens 315 lumens 315 lumens 315 lumens 315 lumens Not allowed Row 1 Maximum Allowed Luminaire Lumens* for Unshield- ed Luminaires at one entry only Row 2 Maximum Allowed Luminaire Lumens* for each Fully Shielded Luminaire Row 3 Maximum Allowed Luminaire Lumens* for each Unshielded Luminaire excluding main entry Row 4 Maximum Allowed Luminaire Lumens* for each Landscape Lighting 1,050 lumens 2,100 lumens 2,100 lumens Not allowed Not allowed Row 5 Maximum Allowed Luminaire Lumens* for each Shielded Directional Flood Lighting 1,260 lumens 2,100 lumens 2,100 lumens Not allowed Not allowed * Luminaire lumens equals Initial Lamp Lumens for a lamp, multiplied by the number of lamps in the luminaire Row 6 Maximum Allowed Luminaire Lumens* for each Low Voltage Landscape Lighting 525 lumens 525 lumens 525 lumens Not allowed Not allowed X. DEFINITIONS - Ordinance Text X. DEFINITIONS - User’s Guide MODEL LIGHTING ORDINANCE - USER’S GUIDE TEXTMODEL LIGHTING ORDINANCE - USER’S GUIDE - Page 34 ORDINANCE TEXT - Page 34 Lighting designed to reveal architectural beauty, shape and/or form and for which lighting for any other purpose is incidental. Architectural Lighting The adopting municipality, agency or other governing body.Authority An automatic lighting control device that switches outdoor lighting relative to time of solar day with time of year correction. Astronomic Time Switch For an exterior luminaire, lumens emitted in the quarter sphere below horizontal and in the opposite direction of the intended orientation of the luminaire. For luminaires with symmetric distribution, backlight will be the same as front light. Backlight A luminaire classification system that clas- sifies backlight (B), uplight (U) and glare (G).BUG Definitions are typically generally added to any code when new code sections are added. The definitions are legally required and play a significant role in the interpretation of the ordinance and code. Most city attorneys will not accept references to outside sources regardless of credibility, such as the IES Handbook. Thus as a general rule, a definition for an unfamiliar term (e.g. lumens) must be added by the adopting ordinance. When adopting or integrating the MLO definitions, be sure to retire conflicting technical terminology. In particular, the latest IES Luminaire Classification System as defined in IES TM-15-07 is likely to need attention. A covered, unconditioned structure with at least one side open for pedestrian and/or vehicular access. (An unconditioned structure is one that may be open to the elements and has no heat or air conditioning.) Canopy One or more of the following: a parking lot; a parking ; a common entrance or public space structure or covered vehicular entrance shared by all occupants of the domiciles. Common Outdoor Areas A time defined by the authority when outdoor lighting is reduced or extinguished.Curfew Absolute Photometry Photometric measurements (usually of a solid-state luminaire) that directly measures the footprint of the luminaire. Reference Standard IES LM-79 MODEL LIGHTING ORDINANCE - USER’S GUIDE TEXTMODEL LIGHTING ORDINANCE - USER’S GUIDE - Page 35 ORDINANCE TEXT - Page 35 Generally, lighting that is only energized dur- ing an emergency power source; or the path of egress solely during a fire or other emergency situation; or, lighting for security purposes used solely during an alarm. ; lighting fed from a backup lighting for illuminating X. DEFINITIONS - Ordinance Text Emergency conditions A luminaire constructed and installed in such a manner that all light emitted by the lumin- aire, either directly from the lamp or a diffus- ing element, or indirectly by reflection or re- fraction from any part of the luminaire, is pro- jected below the horizontal plane through the luminaire's lowest light-emitting part. Fully Shielded Luminaire For an exterior luminaire, lumens emitted in the quarter sphere below horizontal and in the direction of the intended orientation of the luminaire. Forward Light The unit of measure expressing the quantity oflight received on a surface. One footcandle is the illuminance produced by a candle on a surface one foot square from a distance of one foot. Footcandle Lighting entering the eye directly from lumin- aires or indirectly from reflective surfaces that causes visual discomfort or reduced visibility. Glare Permanent hardscape improvements to the site including parking lots, drives, entrances, curbs, ramps, stairs, steps, medians, walkways and non-vegetated landscaping that is 10 feet or less in width. Materials may include concrete, asphalt, stone, gravel, etc. Hardscape Hardscape Area Examples of Fully Shielded Luminaires The area measured in square feet of all hard- scape. It is used to calculate the Total Site Lumen Limit in both the Prescriptive Method and Performance Methods. Refer to Hardscape definition. MODEL LIGHTING ORDINANCE - USER’S GUIDE TEXTMODEL LIGHTING ORDINANCE - USER’S GUIDE - Page 36 ORDINANCE TEXT - Page 36 X. DEFINITIONS - Ordinance Text Lighting software that calculates point-by- point illuminance that includes reflected light using either ray-tracing or radiosity methods. Industry Standard Lighting Software IDA International Dark-Sky Association. Illuminating Engineering Society of North America.IESNA Hardscape Perimeter The perimeter measured in linear feet is used to calculate the Total Site Lumen Limit in the Performance Method. Refer to Hardscape definition. Impervious Material Sealed to severely restrict water entry and movement A generic term for a source of optical radia- tion (i.e. “light”), often called a “bulb” or “tube”. Examples include incandescent, fluor- escent, high-intensity discharge (HID) lamps, and low pressure sodium (LPS) lamps, as well as light-emitting diode (LED) modules and arrays. Lamp Lighting of trees, shrubs, or other plant material as well as ponds and other landscape features. Landscape Lighting LED Light Emitting Diode. Any adverse effect of artificial light including, but not limited to, glare, light trespass, sky- glow, energy waste, compromised safety and security, and impacts on the nocturnal environment. Light Pollution MODEL LIGHTING ORDINANCE - USER’S GUIDE TEXTMODEL LIGHTING ORDINANCE - USER’S GUIDE - Page 37 ORDINANCE TEXT - Page 37 X. DEFINITIONS - Ordinance Text Lighting Zone An overlay zoning system establishing legal limits for lighting for particular parcels, areas, or districts in a community. “Electric” or “man-made” or “artificial” lighting. See “lighting equipment”.Lighting Light Trespass Light that falls beyond the property it is intended to illuminate. Lighting Equipment Equipment specifically intended to provide gas or electric illumination, including but not limited to, lamp(s), luminaire(s), ballast(s), poles, posts, lens(s), and related structures, electrical wiring, and other necessary or auxiliary components. Lighting Equipment Equipment specifically intended to provide gas or electric illumination, including but not limited to, lamp(s), luminaire(s), ballast(s), poles, posts, lens(s), and related structures, electrical wiring, and other necessary or auxiliary components. Low Voltage Landscape Lighting Landscape lighting powered at less than 15 volts and limited to luminaires having a rated initial luminaire lumen output of 525 lumens or less. The unit of measure used to quantify the amount of light produced by a lamp or emitted from a luminaire (as distinct from “watt,” a measure of power consumption). Lumen The complete lighting unit (fixture), consisting of a lamp, or lamps and ballast(s) (when ap- plicable), together with the parts designed to distribute the light (reflector, lens, diffuser), to position and protect the lamps, and to connect the lamps to the power supply. Luminaire USER’S GUIDE - Page 38 ORDINANCE TEXT - Page 38 X. DEFINITIONS - Ordinance Text MODEL LIGHTING ORDINANCE - USER’S GUIDE TEXTMODEL LIGHTING ORDINANCE - The height of the photometric center of a luminaire above grade level. Mounting height Lighting for areas not previously illuminated; newly installed lighting of any type except for replacement lighting or lighting repairs. New lighting Lighting that does not impact the function and safety of an area but is purely decorative, or used to illuminate architecture and/or land- scaping, and installed for aesthetic effect. Ornamental lighting Mounting Height: The horizontal spacing of poles is often measured in units of “mounting height”. Example: “The luminaires can be spaced up to 4 mounting heights apart.” Lux The SI unit of illuminance. One lux is one lumen per square meter. 1 Lux is a unit of incident illuminance approximately equal to 1/10 footcandle. Object A permanent structure located on a site. Objects may include statues or artwork, garages or canopies, outbuildings, etc. Object Height The highest point of an entity, but shall not include antennas or similar structures. Luminaire Lumens For luminaires with relative photometry per IES, it is calculated as the sum of the initial lamp lumens for all lamps within an individual luminaire, multiplied by the luminaire efficiency. If the efficiency is not known for a residential luminaire, assume 70%. For luminaires with absolute photometry per IES LM-79, it is the total luminaire lumens. The lumen rating of a luminaire assumes the lamp or luminaire is new and has not depreciated in light output. MODEL LIGHTING ORDINANCE - USER’S GUIDE TEXTMODEL LIGHTING ORDINANCE - USER’S GUIDE - Page 39 ORDINANCE TEXT - Page 39 X. DEFINITIONS - Ordinance Text A luminaire intended for illuminating streets that serves a decorative function in addition to providing optics that effectively deliver street lighting. It has a historical period appearance or decorative appearance, and has the follow- ing design characteristics: Ornamental Street Lighting A luminaire with opaque top and translucent or perforated sides, designed to emit most light downward. Partly shielded luminaire A control device employing a photocell or photodiode to detect daylight and automatical- ly switch lights off when sufficient daylight is available. Photoelectric Switch The edges of the legally-defined extent of privately owned property.Property line Outdoor Lighting Lighting equipment installed within the prop- erty line and outside the building envelopes, whether attached to poles, building structures, the earth, or any other location; and any associated lighting control equipment. · designed to mount on a pole using an arm, pendant, or vertical tenon; · opaque or translucent top and/or sides; · an optical aperture that is either open or enclosed with a flat, sag or drop lens; · mounted in a fixed position; and · with its photometric output measured using Type C photometry per IESNA LM-75-01. Pedestrian Hardscape Stone, brick, concrete, asphalt or other similar finished surfaces intended primarily for walking, such as sidewalks and pathways. Lighting installed specifically to replace exist- ing lighting that is sufficiently broken to be beyond repair. Replacement Lighting The reconstruction or renewal of any part of an existing luminaire for the purpose of its on- going operation, other than relamping or replacement of components including capaci- tor, ballast or photocell. Note that retrofitting a luminaire with new lamp and/or ballast tech- nology is not considered a repair and for the purposes of this ordinance the luminaire shall be treated as if new. “Repair” does not include normal relamping or replacement of components including capacitor, ballast or photocell. Repair(s) MODEL LIGHTING ORDINANCE - USER’S GUIDE TEXTMODEL LIGHTING ORDINANCE - USER’S GUIDE - Page 40 ORDINANCE TEXT - Page 40 X. DEFINITIONS - Ordinance Text A luminaire that includes an adjustable mount- ing device allowing aiming in any direction and contains a shield, louver, or baffle to reduce direct view of the lamp. Shielded Directional Luminaire Advertising, directional or other outdoor promotional display of art, words and/or pictures. Sign Sales area Temporary lighting installed and operated in connection with holidays or traditions.Seasonal lighting Uncovered area used for sales of retail goods and materials, including but not limited to automobiles, boats, tractors and other farm equipment, building supplies, and gardening and nursery products. Photometric measurements made of the lamp plus luminaire, and adjusted to allow for light loss due to reflection or absorption within the luminaire. Reference standard: IES LM-63. Relative photometry USER’S GUIDE - Page 41 ORDINANCE TEXT - Page 41 X. DEFINITIONS - Ordinance Text MODEL LIGHTING ORDINANCE - USER’S GUIDE TEXTMODEL LIGHTING ORDINANCE - A party contracted to provide lighting, such as a utility company.Third Party An automatic lighting control device that switches lights according to time of day.Time Switch Allowing light to pass through, (not transparent or clear). diffusing it so that objects beyond cannot be seen clearly Translucent For an exterior luminaire, flux radiated in the hemisphere at or above the horizontal plane.Uplight A luminaire capable of emitting light in any direction including downwards. Unshielded Luminaire Lighting installed and operated for periods not to exceed 60 days, completely removed and not operated again for at least 30 days. Temporary lighting Sky Glow The brightening of the nighttime sky that results from scattering and reflection of artifi- cial light by moisture and dust particles in the atmosphere. Skyglow is caused by light directed or reflected upwards or sideways and reduces one's ability to view the night sky. Illuminance measured or calculated in a plane perpendicular to the site boundary or property line. Vertical Illuminance MODEL LIGHTING ORDINANCE - USER’S GUIDE TEXTMODEL LIGHTING ORDINANCE - USER’S GUIDE - Page 42 ORDINANCE TEXT - Page 42 XI. OPTIONAL STREETLIGHT ORDINANCE - User ’s Guide Note to the adopting authority: the intent of this section is that it only applies to streets and not to roadways or highways. A. Preamble The purpose of this Ordinance is to control the light pollution of street lighting, including all collectors, local streets, alleys, sidewalks and bike- ways, as defined by ANSI/IES RP-8 Standard Practice for Roadway and Street Lighting and in a manner consistent with the Model Lighting Ordinance. B. Definitions Roadway or Highway lighting is defined as lighting provided for freeways, expressways, limited access roadways, and roads on which pedestrians, cyclists, and parked vehicles are generally not present. The primary purpose of roadway or highway lighting is to help the motorist remain on the roadway and help with the detection of obstacles within and beyond the range of the vehicle's headlights. Street lighting is defined as lighting provided for major, collector, and local roads where pedestrians and cyclists are generally present. The primary purpose of street lighting is to help the motorist identify obstacles, provide adequate visibility of pedestrians and cyclists, and assist in visual search tasks, both on and adjacent to the roadway. Ornamental Street Lighting is defined as a luminaire intended for illuminat- ing streets that serves a decorative function in addition to providing optics that effectively deliver street lighting. It has a historical period appearance or decorative appearance, and has the following design characteristics: · designed to mount on a pole using an arm, pendant, or vertical tenon; · opaque or translucent top and/or sides; · an optical aperture that is either open or enclosed with a flat, sag or drop lens; · mounted in a fixed position; and · with its photometric output measured using Type C photometry per IESNA LM-75-01. This section was added since the first public review. It is designed to work closely with the proposed revision to ANSI/IES RP-8 Standard Practice for Roadway and Street Lighting. Street and roadway lighting is one of the world's largest causes of artificial skyglow. Many adopting agencies will recognize that the MLO will make privately owned lighting more efficient and environmentally responsible than their street lighting systems. But because the process of designing street lighting often requires more precise lighting calculations, applying the MLO directly to street lighting is not advised. Using existing standards of street lighting is recommended, particularly IES RP-8 and AASHTO standards. Until a new recommended practice for street lighting can be developed, this section can serve to prevent most of the uplight of street lighting systems without setting specific requirements for the amount of light, uniformity of light, or other performance factors. Adopting agencies should include these basic improvements to street lighting along with regulations to private lighting. Few street lighting warranting processes exist. The adopting agency needs to gauge whether a complex warranting systems is required, or if a simple one using posted speeds, presence of pedestrians, or other practical considerations is sufficient. Examples of a current street lighting warranting system are included in the Transportation Association of Canada's Guide for the Design of Roadway Lighting 2006. Lighting streets with “period” ornamental luminaires that evoke the look of a time when the light source was a gas flame can cause glare if high-lumen lamps are used. Such ornamental street lights should not exceed a BUG rating of G1. If additional illuminance and/or uniformity is desired, the ornamental fixtures should be supple- mented by higher mounted fully shielded luminaires, as illustrated in RP-33-99. XI. OPTIONAL STREETLIGHT ORDINANCE - Ordinance Text USER’S GUIDE - Page 43 ORDINANCE TEXT - Page 43 C. Scope All street lighting not governed by regulations of federal, state or other superceding jurisdiction. EXCEPTION: lighting systems mounted less than 10.5 feet above street level and having less than 1000 initial lumens each. D. Master Lighting Plan The Authority shall develop a Master Lighting Plan based on the American Association of State Highway and Transportation Officials (AASHTO) Roadway Lighting Design Guide GL-6, October 2005, Chapter 2. Such plan shall include, but not be limited to, the Adoption of Lighting Zones and: 1. Goals of street lighting in the jurisdiction by Lighting Zone 2. Assessment of the safety and security issues in the jurisdiction by Lighting Zone 3. Environmentally judicious use of resources by Lighting Zone 4. Energy use and efficiency by Lighting Zone 5. Curfews to reduce or extinguish lighting when no longer needed by Lighting Zone E. Warranting The Authority shall establish a warranting process to determine whether lighting is required. Such warranting process shall not assume the need for any lighting nor for continuous lighting unless conditions warrant the need. Lighting shall only be installed where warranted. XI. OPTIONAL STREETLIGHT ORDINANCE - Ordinance Text MODEL LIGHTING ORDINANCE - USER’S GUIDE TEXTMODEL LIGHTING ORDINANCE - XI. OPTIONAL STREETLIGHT ORDINANCE - Ordinance Text MODEL LIGHTING ORDINANCE - USER’S GUIDE TEXTMODEL LIGHTING ORDINANCE - USER’S GUIDE - Page 44 ORDINANCE TEXT - Page 44 F. Light Shielding and Distribution All street lighting shall have no light emitted above 90 degrees. Exception: Ornamental street lighting for specific districts or projects shall be permitted by special permit only, and shall meet the requirements of Table H below without the need for external field-added modifications. Maximum Uplight Rating LZ-0 U-0 LZ-1 U-1 LZ-2 U-2 LZ-3 U-3 LZ-4 U-4 Lighting Zone Table H - Uplight Control Requirements for Ornamental Street Lights - by Special Permit Only LIGHTING STANDARDS COMPARISON LIST STANDARD WESTLAKE SEDONA FLAGSTAFF PLANO GRAPEVINE SOUTHLAKE KELLER DALLAS Classes of lighting  Fully shielded lighting  Halogen lights prohibited  IESNA minimum standards  Lamp type and shielding standards  Light illumination levels of neighboring property at the property line  Light pole height/light above grade  Lighting confined to property in which it is located  Lighting of public art/public monuments  Lighting time limitations  Mercury vapor lighting prohibited  Motion Sensing Standards  Must submit Outdoor Lighting Plan  Nonresidential lighting standards  Preferred lighting method  Prevent glare  Prohibited lighting  Public ROW streetlight exemption  Recreational facilities lighting standards  Residential lighting standards  Lighting exemptions  Service Station Canopy Lighting Standards  Sign Lighting  Solar powered light systems allowed  Up lighting prohibited  Parking lot requirements  Page 1 DIVISION 2. - OUTDOOR LIGHTING Section 102-206. - PurposeApplicability. . This ordinance is intended to establish procedures and standards that which will minimize light pollution glare, light trespass, and conserve energy and maintain the quality of the city’s physical and aesthetic character. The use of outdoor lighting is often necessary for adequate nighttime safety and utility, but common lighting practices can also interfere with other legitimate public concerns. Principles among these are: (1) Degradation of the nighttime visual environment by production of unsightly and dangerous glare; and (2) Lighting practices that interfere with the health and safety of Westlake’s citizens and visitors; and (3) Unnecessary waste of energy and resources in the production of too much light or wasted light. Section 102-207 Applicability. All outdoor electrically powered illuminating devices shall be installed in conformance with the provisions of this division, the building code and the electrical code of the town as applicable and under appropriate permit and inspection. These performance standards shall apply to all zoning districts in the town. This ordinance shall apply to all outdoor lighting including, but not limited to, search, spot or floodlights for: (1) Buildings and structures; (2) Recreational uses; (3) Parking lot lighting; (4) Landscape lighting; (5) Other outdoor lighting. Section 102-208 . 102-207. - Outdoor lLighting pPlan. (a) Plan Submittal. An outdoor lighting plan must be submitted separately from any required site plan or landscape plan on all public or private properties, including rights-of-way, public easements, franchises and utility easements. The outdoor lighting plan shall be submitted prior to issuing a building permit. For nonresidential development the outdoor lighting plan must be approved by the Town Council. For residential development an outdoor lighting plan may be approved administratively by the town manager or his/her designee. (b) Applications. Plans shall include the following: a. (1) A layout of the proposed fixture locations. b. (2) The light source. c. (3) The luminous area for each proposed light source with photometrics in footcandles measurement. d. (4) The type and height of the light fixture or of the light source above grade. e. (5) The type of illumination. Formatted: Heading 1 Formatted: Font: 11 pt Formatted: Font: 10 pt Formatted: Font: (Default) Arial, 10 pt Formatted: Font: (Default) Arial, 10 pt Formatted: Font: (Default) Arial, 10 pt Formatted: List Paragraph, Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.5" + Indent at: 0.75" Formatted: Heading 2 Formatted: Font: 10 pt Formatted: Indent: First line: 0" Formatted: Left, Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.5" + Indent at: 0.75" Formatted: Font: Bold Formatted: Font: Bold Formatted: Font: Bold Formatted: Font: Bold Formatted: Numbered + Level: 1 + Numbering Style: a, b, c, … + Start at: 1 + Alignment: Left + Aligned at: 0" + Indent at: 0.25" Formatted: Font: Formatted: Left, Numbered + Level: 2 + Numbering Style: a, b, c, … + Start at: 1 + Alignment: Left + Aligned at: 0.5" + Indent at: 0.75" Page 2 f. Such other information that the Planning & Development Director may determine is necessary to ensure compliance with this Code. (c) Plan Approval. If the Planning & Development Director determines that any proposed lighting does not comply with this Code, the permit shall not be issued or the plan approved. (d) Lamp or Fixture Substitution. Should any outdoor light fixture or the type of light source therein be changed after the permit has been issued, a change request must be submitted to the Planning & Development Director for approval, together with adequate information to assure compliance with this Code, which must be received prior to substitution. (e) Certification of Installation. On projects where an engineer or architect is required, the developer shall verify in writing to the City that all outdoor lighting was installed in accordance with the approved plans before the Certificate of Occupancy is issued. Until this certification is submitted, approval for use of a Certificate of Occupancy shall not be issued for the project. Section 102-208209. - General rRegulations. (a) Preferred Source. Low-Pressure Sodium (LPS) lamps and Narrow-band amber LEDs are the preferred illumination source throughout the Town. Their use is to be encouraged, when not required, for outdoor illumination whenever their use would not be detrimental to the use of the property. In all applications where LPS lighting is required or preferred, an acceptable alternative is narrow-band amber LEDs. (b) Light Emitting Diodes (LEDs). LED for outdoor lighting shall be restricted to the following: (1) Narrow-band amber LED (NBALED); (2) Phosphor-converted amber (PCALED); (3) Filter warm-white LED (FLED) (c) Lighting Temperature. All lighting must be less than 3200 Kelvins per the correlated color temperature. An allowance with a maximum of 10% white light will be made in certain cases at the discretion of the Planning & Development Director. (d) Illumination. (a) Unless otherwise provided in this division, illumination, where required by this division, shall have intensities and uniformity ratios in accordance with the current recommended practices of the Illuminating Engineering Society of North America as from time to time amended. (e) Security and Aesthetics. (b) Unless otherwise provided in this division, all building lighting for security or aesthetics will be fully shielded type, not allowing any upward distribution of light. Wallpack type fixtures are acceptable only if they are fully shielded with 80-degree cut-off. (f) Light Trespass Standard. (c) No use or operation in any district shall be located or conducted so as to produce glare, or either direct or indirect illumination across the bounding property line from a source of illumination into a residentially zoned property, nor shall any such light be of such intensity as to create a nuisance or detract from the use and enjoyment of adjacent property. For the purposes of this section, a nuisance shall be defined as more that one-tenth of one footcandles of light measured at the residential property line and twenty-five hundredths of one footcandles at any adjoining nonresidential property line. (g) Motion Sensing Light Fixtures. Motion sensing light fixtures shall be fully shielded and properly adjusted, according to the manufacturer’s instruction, to turn off when detected motion ceases. (h) Prohibitions. (d) Mercury vapor lights and halogen lights are prohibited. (i) Lamp and Shielding. All light fixtures are required to be fully shielded and shall be installed in such a manner that the shielding complies with the definition of fully shielded light fixtures for all uses, including single-family, except as provided below:(e) Shielding shall be required in all outdoor lighting installations as specified as follows: Formatted: Numbered + Level: 1 + Numbering Style: a, b, c, … + Start at: 1 + Alignment: Left + Aligned at: 0" + Indent at: 0.25" Formatted: Font: Italic Formatted: Font: Italic Formatted: Font: Not Italic Formatted: Heading 2 Formatted: Numbered + Level: 1 + Numbering Style: a, b, c, … + Start at: 1 + Alignment: Left + Aligned at: 0" + Indent at: 0.25" Formatted: Numbered + Level: 2 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.5" + Indent at: 0.75" Formatted: Left, Numbered + Level: 1 + Numbering Style: a, b, c, … + Start at: 1 + Alignment: Left + Aligned at: 0" + Indent at: 0.25" Formatted: Font: Not Italic Formatted: Numbered + Level: 1 + Numbering Style: a, b, c, … + Start at: 1 + Alignment: Left + Aligned at: 0" + Indent at: 0.25" Page 3 Lamp Type Shielding Low pressure sodium (LPS) Fully shielded, with 80° cut-off High pressure sodium (HPS) Fully shielded, with 80° cut-off Light Emitting Diode (LED) Fully shielded, with 80° cut-off Metal halide Fully shielded, with 80° cut-off Halogen Prohibited Mercury vapor Prohibited Fluorescent Fully shielded, with 80° cut-off Incandescent Fully shielded, with 80° cut-off Any light source 50 watts and under Unshielded permitted Low intensity Neon, Krypton or Argon discharge tubes Unshielded permitted Section 102-209. - 210 Illumination. (a) (a) Measurement. Illumination levels of outdoor lighting shall be measured by a qualified professional according to generally accepted Illuminating Engineering Society of North America methods. (b) (b) Computation of illumination. Illumination at a point may be computed in lieu of measurement. Computation methods shall consist of a generally accepted Illuminating Engineering Society of North America method, using certified photometric data furnished by the fixture manufacturer, lamp manufacturer, photometric laboratory, or other reliable authority satisfactory to the town. Computations shall be based on new, properly seasoned lamps, diffusers and other appurtenances in place, and with proper regard taken for mounting height, relative elevation, natural and manmade objects. (c) (c) Limitations on neighboring property. The limit of illumination on neighboring property from one establishment shall be by zoning of the neighboring property. Maximum computed or measured footcandles at the neighboring property line shall not exceed: Footcandles Horizontal Single-family and two-family residential districts 0.1 Nonresidential districts 0.25 Formatted: Indent: Left: 0.25", No bullets or numbering Formatted: Heading 2 Formatted: Numbered + Level: 1 + Numbering Style: a, b, c, … + Start at: 1 + Alignment: Left + Aligned at: 0" + Indent at: 0.25" Page 4 Sec.Section 102-210211. - Nonresidential. (a) (a) All nonessential lighting shall be turned off after business hours, leaving only necessary lighting for site security. (b) (b) Floodlights, accent, aesthetic and security lights must be fully shielded and no up lighting shall be permitted except that lighting of 50 watts or less are excepted if necessary for security purposes. (c) (c) Parking lots and vehicle movement areas shall not exceed a maximum illumination value of ten footcandles nor a minimum illumination value of 1.0 footcandles. Lamps in decorative lantern type fixtures shall not exceed a maximum of 100 watts. Total pole and fixture height shall not exceed a maximum of 20 feet, measured from grade at the base. Taller poles may be considered in some situations upon approval by the board. (d) (d) Display, building and aesthetic lighting must be externally lit from the top and shine downward. The lighting must be fully shielded to prevent direct glare and/or light trespass. The lighting must also be substantially contained to the target area. (e) (e) Limitations on establishment property. The maximum outdoor initial computed or measured illuminant level on the establishment property shall not exceed 20 footcandles outdoors at any point, with the exception of parking lots. (f) (f) Effect of interior lighting. Included in the outdoor lighting plan shall be a plan to manage glow and glare on the outside of the structure by lighting produced by interior lights. The plan shall include descriptions of window shading, window tinting, structural screening, and operational arrangement of interior lights. Section 102-211212 . - Residential. (a) (a) All nonessential lights exceeding 50 watts shall be turned off after 11:00 p.m., leaving only the necessary lighting for site security. (b) (b) Floodlights, accent, aesthetic and security lights must be fully shielded and no up lighting shall be permitted except that lighting of 50 watts or less are excepted if necessary for security purposes. (c) (c) Barns, outbuildings and aesthetic lighting must be externally lit from the top and shine downward. The lighting must be fully shielded to prevent direct glare and/or light trespass. (d) (d) Limitations on establishment property. The maximum outdoor initial computed or measured illuminant level on the residential property shall not exceed ten footcandles outdoors at any point. (e) (e) Illumination levels exceeding ten footcandles will be permitted upon approval by the board. Section 102-212213 . - Public and sSemipublic rRecreational fFacilities. Any light source permitted by this section may be used for lighting of outdoor recreational facilities (public or private), such as, but not limited to, football fields, soccer fields, baseball fields, softball fields, tennis courts, driving ranges, outdoor arenas and amphitheaters, or show areas, or other field recreation facilities provided all of the following conditions are met: (1) (1) Any illumination level exceeding a maximum of 20 footcandles must receive prior approval by the board. (2) (2) All fixtures used for event lighting shall be fully shielded, or be designed or provided with sharp cut-off capability, so as to minimize up light, spill-light, and glare. (3) (3) All events shall be scheduled so as to complete all activity before or as near to 10:30 p.m. as practical, but under no circumstances shall any illumination of the playing field, court, or track be permitted after 11:00 p.m. except to conclude a scheduled event that was in progress before 11:00 p.m. and circumstances prevented concluding before 11:00 p.m. Formatted: Normal (Web) Formatted: Numbered + Level: 1 + Numbering Style: a, b, c, … + Start at: 1 + Alignment: Left + Aligned at: 0" + Indent at: 0.25" Formatted: Font: Italic Formatted: Font: Italic Formatted: Heading 2 Formatted: Numbered + Level: 1 + Numbering Style: a, b, c, … + Start at: 1 + Alignment: Left + Aligned at: 0" + Indent at: 0.25" Formatted: Font: Italic Formatted: Heading 2 Formatted: Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.5" + Indent at: 0.75" Page 5 Section 102-213214. - Prohibited lLighting. (a) (a) Laser source light. The use of laser source light or any similar high intensity light for outdoor advertising or entertainment, when projected above the horizontal is prohibited. (b) (b) Searchlights. The operation of searchlights for advertising purposes is prohibited. (c) (c) Floodlights. The use of floodlights is prohibited. (d) (d) Up lighting. Up lighting of display, building and aesthetic lighting is prohibited. (e) (e) Halogen lights. Halogen lights are prohibited. (f) (f) Mercury vapor lights. Mercury vapor lights are prohibited. Section 102-214. - 215 Exemptions. The following are exempt from the provisions of this division: (1) (1) All temporary emergency lighting needed by the Trophy Club/Westlake Department of Public Safety or other emergency services, as well as all vehicular luminaries. (2) (2) All hazard warning luminaries required by federal regulatory agencies are exempt from the requirements of this division, except that all luminaries used must be red and must be shown to be as close as possible to the federally required minimum lumen output requirement for the specific task. (3) (3) Any luminarie of 50 watts or less provided the accumulated illumination of 50-watt luminaries does not exceed 50 watts. (4) (4) Seasonal decorative lighting. (5) Solar powered lights of 5 watts or less per fixture used in residential landscaping application and to illuminate walkways are exempt from applicable lamp type and shielding standards. Section 102-215216 . - Temporary eExemptions. (a) (a) Upon approval by the board, temporary exemptions from the requirements of this division shall be for a period not to exceed 30 days. (b) (b) Any person may submit a written request, on a form prepared by the town for a temporary exemption request. The request shall contain the following information: (1) (1) Specific exemption requested; (2) (2) Type/use of outdoor lighting fixture involved; (3) (3) Duration of time requested; (4) (4) Type of lamp and calculated footcandles; (5) (5) Total wattage of lamps; (6) (6) Proposed location of fixtures; (7) (7) Previous temporary exemption requests; (8) (8) Physical size of fixtures and type of shielding provided; (9) (9) Such other data or information as may be required by the town manager's designee. (c) (c) Requests for renewal or exemptions shall be processed in the same way as the original request. Each renewal shall be valid for not more than 14 days or a time period designated by the board. Formatted: Heading 2 Formatted: Numbered + Level: 1 + Numbering Style: a, b, c, … + Start at: 1 + Alignment: Left + Aligned at: 0" + Indent at: 0.25" Formatted: Heading 2 Formatted: Indent: First line: 0" Formatted: Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5" Formatted: Heading 2 Formatted: Numbered + Level: 1 + Numbering Style: a, b, c, … + Start at: 1 + Alignment: Left + Aligned at: 0" + Indent at: 0.25" Formatted: Numbered + Level: 2 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.5" + Indent at: 0.75" Formatted: Numbered + Level: 1 + Numbering Style: a, b, c, … + Start at: 1 + Alignment: Left + Aligned at: 0" + Indent at: 0.25" Page 6 (d) (d) Approval for temporary exemptions will be based on the effect of location and use of outdoor lighting fixtures. (e) (e) Roadway lighting is not eligible for exemption. Section 102-216217. - Nonconforming. All luminaries lawfully in place prior to the date of the ordinance from which this division is derived shall be considered as having legal nonconforming status. However, any luminary that replaces a legal nonconforming luminary, or any legal nonconforming luminary that is moved, must meet the standards of this division. Section 102-218217. - Penalty.. It shall be unlawful for any person to violate any provision of this division and any person violating or failing to comply with any provision hereof shall be fined, upon conviction, in an amount not more than $2,000.00. Sectionss. 102-218219—102-240. - Reserved. Formatted: Heading 2 Formatted: Indent: First line: 0" Formatted: Heading 2 Formatted: Indent: First line: 0" Formatted: Heading 2 Development Snapshot July 2017 DENTON COUNTY TARRANT COUNTY CITY OF ROANOKE DENTON COUNTY TARRANT COUNTY CITY OF FORT WORTH TOWN LIMIT TOWN LIMIT TOWN LIMIT TOWN LIMIT TOWN LIMIT TOWN LIMIT TOWN LIMIT TOWN LIMIT TOWN OF TROPHY CLUB CITY OF SOUTHLAKE 170 114 377 377 170 114 5 2 3 4 MAP GUIDE 1. Fire/EMS Station Government Facility 2. Terra Bella Residential Development 3. Carlyle Court Residential Development 4. Quail Hollow Residential Development 5. Granada Residential Development 6. Project Blizzard Mixed-Use Development 7. Schwab Corporate Campus Office Campus 8. Solana Parking Garage Addition Two Parking Garages July 2017 This map is for information purposes only. DEVELOPMENT ACTIVITIES MAP CITY OF SOUTHLAKE CITY OF KELLER LEGEND Subdivision Roads Collector/Arterial Roads Highways Future Traffic Signal Completed Building Site Plan Submitted Building Permit Submitted Under Construction 114 170 6 7 8 1 Development Activities Map Table Project No. Project Name Land Use Number of Lots/Units Size Development Status Percent Complete* Estimated Completion 1 Fire/EMS Station Government Use N/A 5-acre site Site plan submitted. Submitted for August Council/Commission meetings. 0% N/A 2 Terra Bella Residential 28 54.7 acres 23/28 lots currently developed or under construction 71.43% N/A 3 Carlyle Court Residential 8 10.2 acres 5/8 lots under construction 37.50% N/A 4 Quail Hollow Residential 92 188 acres Phase I and IIA infrastructure complete. Phase IIB Final Plat being submitted for August Council/Commission meetings. Phase 3 improvements under review by staff. Building permits expected soon. 0.00% N/A 5 Granada Phase I Residential 41 85 acres Phase I has 32/41 lots currently developed or under construction. 62.20% N/A Granada Phase II 43 Phase II has 8/43 lots under construction. 9,30% 6 Project Blizzard Mix-Use N/A 53 acres Several civil plans for utilities and paving being reviewed. N/A N/A 7 Schwab Campus Phase 1 Office 4 buildings 2,600 car garage 555,000 s.f. 33 acres Building permits for the tunnels and foundations submitted and currently in review. 75% construction drawings have been submitted for the rest of the site. N/A N/A 8 Solana Parking Garage Addition Parking 1,126 spaces 10.32 acres Elevator work and landscaping are outstanding items. 95% August 2017 * % Complete = (#of BP’s x 50%)/Total BP’s + (#CO’s x 50%)/Total CO’s ** Refer to Entrada Development Report for more info July 2017 EXECUTIVE SESSION The Council will conduct a closed session pursuant to Texas Government Code, annotated, Chapter 551, Subchapter D for the following: a. Section 551.071. Consultation with Attorney (1) when the governmental body seeks the advice of its attorney about: (A) pending or contemplated litigation: Cause No. 348-290326-17 - Neil and Janelle McNabnay, Colin and Melanie Stevenson, Yair and Sandra Lotan, Jay and Jana Still, Biswajit and Chandrika Dasgupta, Michael and Michelle Granfield, Michael and Stef Mauler, Rudy and Christy Renda, David and Jenn Riley, Joseph Mohan and Maria De Leon, Roberto Arandia, and Patrick and Erin Cockrum (collectively, "Plaintiffs") vs. Town of Westlake b. Section 551.087 Deliberation Regarding Economic Development Negotiations (1) to discuss or deliberate regarding commercial or financial information that the governmental body has received from a business prospect that the governmental body seeks to have locate, stay, or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development negotiations; or (2) to deliberate the offer of a financial or other incentive to a business prospect described by Subdivision (1) for the following: - Maguire Partners-Solana Land, L.P., related to Centurion’s development known as Entrada and Granada - Project Lynx - CS Kinross Lake Parkway, a Delaware limited liability company, its affiliate Charles Schwab & Co., Inc. c. Section 551.071 (2) Consultation with Attorney on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with this chapter: Trophy Club Municipal District No. 1 d. Section 551.071 (2) Consultation with Attorney on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with this chapter: Water contract Town Council Item # 6 – Executive Session Town Council Item # 7 – Reconvene Council Meeting COUNCIL RECAP / STAFF DIRECTION Town Council Item # 8 – Council Recap / Staff Direction Town Council Item # 9 – Adjournment Work Session ITEMS OF COMMUNITY INTEREST: Mayor and Council Reports on Items of Community Interest pursuant to Texas Government Code Section 551.0415 the Town Council may report on the following items: (1) expression of thanks, congratulations, or condolences; (2) information about holiday schedules; (3) recognition of individuals; (4) reminders about upcoming Town Council events; (5) information about community events; and (6) announcements involving imminent threat to public health and safety.  Planning & Zoning Meeting Monday, August 28, 2017*; 4:00 pm Westlake Town Hall, Solana Terrace, Bldg. 7-Suite 7100, First Floor – Council Chambers (New location) Town Council Workshop/Meeting Monday, August 28, 2017*; 5:00/6:30 pm Westlake Town Hall, Solana Terrace, Bldg. 7-Suite 7100, First Floor – Council Chambers (New location)  Westlake Municipal and Academy Closed in Observance of Labor Day Holiday Monday, September 4, 2017  Coffee & Conversation with the Mayor/Board President Monday, September 11, 2017; 8:00 – 9:30 am (Moved from first Monday due to holiday) Marriott Solana Hotel – Great Room WA Board of Trustees Workshop/Meeting Monday, September 11, 2017*; 5:00/6:00 pm Westlake Town Hall, Solana Terrace, Bldg. 7-Suite 7100, First Floor – Council Chambers (New location) Town Council Meeting Monday, September 11, 2017*; 6:15 pm Westlake Town Hall, Solana Terrace, Bldg. 7-Suite 7100, First Floor – Council Chambers (New location)  North Texas Giving Day -One day online giving extravaganza created in 2009 by the Communiities Foundation of Texas (CFT) to help build awareness and support for nonprofits in the North Texas region–now the largest community- wide giving event in the world! Thursday, September 14, 2017; 6:00 am – Midnight -Visit NorthTexasGivingDay.org for a list of worthy organizations. Have you considered giving to our community’s school through the Westlake Academy Foundation on North Texas Giving Day?  Planning & Zoning Workshop/Meeting Monday, September 18, 2017* Westlake Town Hall, Solana Terrace, Bldg. 7-Suite 7100, First Floor – Council Chambers (New location)  Charles Schwab Groundbreaking Celebration in Westlake (Private Event) Tuesday, September 19, 2017; 2:00-5:00 pm Texas Barn at Circle T Ranch -This is an “invitation only” event from Charles Schwab & Co., Inc.  Town Council Workshop/Meeting Monday, September 25, 2017* Westlake Town Hall, Solana Terrace, Bldg. 7-Suite 7100, First Floor – Council Chambers (New location)  And…look for more information on our Town’s website and/or in your email later this month regarding the Westlake Town Hall Ribbon Cutting & Open House event coming soon! *For meeting agendas and details on calendar events, please visit the Town’s website. Town Council Item # 2 – Items of Community Interest CITIZEN COMMENTS: 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. Town Council Item # 3 – Citizen Comments 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. Consider approval of the minutes from the meeting on June 19, 2017. b. Consider approval of the minutes from the meeting on August 9, 2017. c. Consider approval of Ordinance 831, Appointing the Clerk of the Court for the Municipal Court Of Record No. 1. d. Consider approval of Resolution 17-30, agreement with Brown Reynolds Watford Architects to provide professional architectural design services for the Town of Westlake Fire/EMS Station No. 1 and authorize the Town Manager to make funding changes not to exceed $25,000 on this project. e. Consider approval of Resolution 17-31, Approving amendments to the Town of Westlake Personnel Manual. f. Consider approval of Resolution 17-32, Authorizing the participation of the Town of Westlake with other Texas cities in the litigation challenging senate bill 1004 authorizing payment of $0.15 per resident according to the 2010 census; authorizing an agreement with Bickerstaff Heath Delgado Acosta LLP for representation in said litigation and for other reasonable and necessary steps. g. Consider approval of Ordinance 832, Amending Chapter 2, “Administration” updating the Fee and Use schedule. h. Consider approval of Ordinance 833, Amending Chapter 18, “Buildings and Building Regulations by adding sections 18-3, adding requirements for construction site conditions. i. Consider approval of Resolution 17-33, Amending the wholesale water contract with the City of Fort Worth for the construction of a 30” waterline. Town Council Item # 4 – Consent Agenda Town Council Minutes 06/19/17 Page 1 of 8 MINUTES OF THE TOWN OF WESTLAKE, TEXAS TOWN COUNCIL MEETING June 19, 2017 PRESENT: Mayor Laura Wheat, Council Members: Alesa Belvedere, Carol Langdon, and Michael Barrett. Rick Rennhack arrived at 5:21 ABSENT: Wayne Stoltenberg OTHERS PRESENT: Town Manager Thomas Brymer, Assistant Town Manager Amanda DeGan, Town Secretary Kelly Edwards, Town Attorney Stan Lowry, Director of Public Works Jarrod Greenwood, Fire Chief Richard Whitten, Deputy Chief John Ard, Director of Information Technology Jason Power, Director of Planning & Development Ron Ruthven, Building Official Pat Cooke, Development Coordinator/ Management Analyst Joel Enders, Director of Finance Debbie Piper, Director of Communications Ginger Awtry, Keller Police Captain Tracy Talkington, and Development Intern Nick Ford. Work Session 1. CALL TO ORDER Mayor Wheat called the work session to order at 5:16 p.m. 2. PLEDGE OF ALLEGIANCE Mayor Wheat led the Pledge of Allegiance to the United States and Texas flags. 3. REVIEW OF CONSENT AGENDA ITEMS FOR THE TOWN COUNCIL REGULAR MEETING AGENDA. No additional discussion. Town Council Minutes 06/19/17 Page 2 of 8 4. DISCUSSION ITEMS a. Presentation and update regarding the Public Art Plan Implementation including the proposed Public Art Competition Advisory Committee. Town Manager Brymer provided an overview of the item. Mr. Robin McCaffery, Mesa Planning, and Mr. Russell Tether, Russell Tether Fine Art, provided an overview of the proposed committee. Each proposed committee member in attendance introduced themselves, Ms. Sue Canterbury, Ms. Chris Worley, Ms. Cheryl Vogel, and Mr. Barry Whistler. Discussion ensued regarding the opportunities for artists and creating the structure for the competition. b. Presentation and discussion regarding the options related to Project Blizzard/Charles Schwab roadway right-of-way and configuration including zoning and thoroughfare plan considerations. Director Ruthven provided an overview of the consent items h & i and explained the proposed difference of the roadway. Mr. Russell Laughlin, Hillwood Development, provided an overview and presentation of the Mixed-Use Development for Planned Development PD 3-5 north of the Charles Schwab campus. Discussion ensued regarding the proposed mixed-use area’s design style, creating space that creates an indoor and outdoor environment, Phase One breaking ground in the next three years, percentage of lease space, mix of local and chain restaurants, objections to the deviation of the roadway, parking structure design, and storefronts. c. Presentation and discussion regarding the implementation of a construction deposit ordinance as well as requirements for construction site fencing, screening and cleanliness. Building Official Cooke provided an overview of the proposed ordinances. Mayor Wheat invited guests to comment on this item. The following people spoke in opposition of the proposed amendments: Mike Garabedian, PO Box 93984, Southlake Todd Handwerk, 2005 Karnes Drive, Keller Town Council Minutes 06/19/17 Page 3 of 8 Mr. Scott Simmons asked if the proposed ordinance would be in addition if required by the HOA. Discussion regarding the proposed ordinance addressing erosion control, using the Town’s enforcement options, work stoppage, shutting down the jobs, issues that occurred in the Granada subdivision, encouraging the HOAs to adopt a deposit policy, and revising the deposit amount. d. Standing Item: Presentation and discussion of development projects per Staff May 2017 report, May 2017 Entrada report from the Developer and projects in Planned Development PD 3-5. Director Ruthven provided an update regarding the following: Entrada – infrastructure completion, Phase II, status of the retail corner, maintaining the architecture design and the store protecting their brand. Fire Station - site plan approval scheduled for August. State Highways 114 & 170 - 3rd lane is open westbound on highway 114, streetscaping along highway 170 and Parish Lane, and the disregard for the traffic control devices closing off Dove Road during the construction. 5. EXECUTIVE SESSION The Council did not convene into executive session. The Council will conduct a closed session pursuant to Texas Government Code, annotated, Chapter 551, Subchapter D for the following: a. Section 551.071. Consultation with Attorney (1) when the governmental body seeks the advice of its attorney about: (A) pending or contemplated litigation: Cause No. 348-290326-17 - Neil and Janelle McNabnay, Colin and Melanie Stevenson, Yair and Sandra Lotan, Jay and Jana Still, Biswajit and Chandrika Dasgupta, Michael and Michelle Granfield, Michael and Stef Mauler, Rudy and Christy Renda, David and Jenn Riley, Joseph Mohan and Maria De Leon, Roberto Arandia, and Patrick and Erin Cockrum (collectively, "Plaintiffs") vs. Town of Westlake b. Section 551.087 Deliberation Regarding Economic Development Negotiations (1) to discuss or deliberate regarding commercial or financial information that the governmental body has received from a business prospect that the governmental body seeks to have locate, stay, or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development negotiations; or (2) to deliberate the offer of a financial or other incentive to a business prospect described by Subdivision (1) for the following: Town Council Minutes 06/19/17 Page 4 of 8 - Maguire Partners-Solana Land, L.P., related to Centurion’s development known as Entrada and Granada - Project Lynx - CS Kinross Lake Parkway, a Delaware limited liability company, its affiliate Charles Schwab & Co., Inc. - Hillwood, Westlake Retail Associates, Ltd., a Texas limited partnership (“WRA”), HW 2421 Land, LP, a Texas limited partnership (“HW2421”), and Hillwood Alliance Services, LLC, a Texas limited liability company (“HAS”) - Vaquero Club, Inc. c. Section 551.071(2) Consultation with Attorney on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with the Open Meetings Act: Waste (Trash) ordinance. d. Section 551.071 (2) Consultation with Attorney on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with this chapter: Trophy Club Municipal District No. 1 6. RECONVENE MEETING 7. COUNCIL RECAP / STAFF DIRECTION - Staff and Attorney to amend the notice requirements for code violations, such as trash and debris, and utilizing the tools we have in place for 90 days before we move forward with an ordinance imposing a deposit. - Including the homeowner in the violation notices to the builder and bring the construction fencing requirements for residential and commercial in August. 8. ADJOURNMENT Mayor Wheat adjourned the work session at 7:19 p.m. Regular Session 1. CALL TO ORDER Mayor Wheat called the regular session to order at 7:19 p.m. 2. ITEMS OF COMMUNITY INTEREST Director Awtry provided an overview of the upcoming events in August and the municipal office closures in July, due to moving. Town Council Minutes 06/19/17 Page 5 of 8 3. CITIZEN COMMENTS No one addressed the Council. 4. CONSENT AGENDA a. Consider approval of the minutes from the meeting on May 22, 2017. b. Consider approval of the minutes from the meeting on June 2, 2017. c. Consider approval of Resolution 17-22, Appointing and Reappointing Various Affiliate boards and Planning & Zoning Commission Members. d. Consider approval of Resolution 17-23, Ratifying Town Manager’s execution of Amendment #1 to the Town Hall Lease Agreement. e. Consider approval of Resolution 17-24, Authorizing the Town Manager to execute a contract with SC Tracking for services related to Cross Connection Control Program Administration. f. Consider approval of Resolution 17-25, A Creating and Appointing a Public Art Competition Advisory Committee Including the Charge to Said Committee. g. Consider approval of Resolution 17-26, Approving the Declaration of Covenants, Conditions and Restrictions and Establishment of Easements for Westlake Entrada. h. Consider approval of Resolution 17-27, Approving a Developer Agreement with CS Kinross Lake Parkway, LLC, related to the Charles Schwab Corporate Campus, Phase One. i. Consider approval of Resolution 17-28, Approving a Master Roadway Construction Agreement with Westlake Retail Associates, Ltd., HW 2421 Land, LP, and Hillwood Alliance Services, LLC, related to the Phase One construction of Schwab Way. MOTION: Council Member Rennhack made a motion to approve the consent agenda. Council Barrett seconded the motion. The motion carried by a vote of 4-0. 5. CONDUCT A PUBLIC HEARING AND CONSIDERATION OF ORDINANCE 829, REGARDING A ZONING CHANGE REQUEST FOR AN APPROXIMATELY 5.28-ACRE TRACT OF LAND LOCATED AT 2205 NORTH PEARSON LANE AND 2175 NORTH PEARSON LANE, GENERALLY SOUTH OF DOVE ROAD, EAST OF PEARSON LANE, AND NORTH OF ASPEN LANE. THE PROPERTY IS CURRENTLY ZONED R-5, COUNTRY RESIDENTIAL; PROPOSED ZONING IS R-2, RURAL RESIDENTIAL. Director Ruthven provided a presentation and overview of the item and the recommendation of denial. Mr. Bhatia, property owner, spoke in favor of the zoning change. Town Council Minutes 06/19/17 Page 6 of 8 Mayor Wheat opened the public hearing. No one addressed the Council. Mayor Wheat closed the public hearing. MOTION: Council Member Rennhack made a motion to approve Ordinance 829. This motion died for a lack of a second. Additional discussion ensued regarding precedence, straight zoning in R-5, and any pressure to subdivide R-5 zoning. Attorney Cunningham provided an overview regarding any precedency issues. SECOND MOTION: Council Member Rennhack made a motion to approve Ordinance 829. Council Belvedere seconded the motion. The motion carried by a vote of 4-0. 6. CONDUCT A PUBLIC HEARING AND CONSIDERATION OF ORDINANCE 830, APPROVING AN AMENDMENT TO ORDINANCE 720, AMENDING THE APPROVED DEVELOPMENT PLAN FOR PLANNED DEVELOPMENT DISTRICT 1, PLANNING AREA 2 (PD1-2), AN APPROXIMATELY 85-ACRE TRACT OF LAND LOCATED NORTH OF SOLANA BOULEVARD, EAST OF DAVIS BOULEVARD, AND SOUTH OF HIGHWAY 114. Director Ruthven provided a presentation and overview of the item. Mayor Wheat opened the public hearing. No one addressed the Council. Mayor Wheat closed the public hearing. MOTION: Council Member Rennhack made a motion to approve Ordinance 830. Council Member Langdon seconded the motion. The motion carried by a vote of 4-0. 7. EXECUTIVE SESSION The Council convened into executive session at 7:59 p.m. The Council will conduct a closed session pursuant to Texas Government Code, annotated, Chapter 551, Subchapter D for the following: a. Section 551.071. Consultation with Attorney (1) when the governmental body seeks the advice of its attorney about: (A) pending or contemplated litigation: Cause No. 348-290326-17 - Neil and Janelle McNabnay, Colin and Melanie Town Council Minutes 06/19/17 Page 7 of 8 Stevenson, Yair and Sandra Lotan, Jay and Jana Still, Biswajit and Chandrika Dasgupta, Michael and Michelle Granfield, Michael and Stef Mauler, Rudy and Christy Renda, David and Jenn Riley, Joseph Mohan and Maria De Leon, Roberto Arandia, and Patrick and Erin Cockrum (collectively, "Plaintiffs") vs. Town of Westlake b. Section 551.087 Deliberation Regarding Economic Development Negotiations (1) to discuss or deliberate regarding commercial or financial information that the governmental body has received from a business prospect that the governmental body seeks to have locate, stay, or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development negotiations; or (2) to deliberate the offer of a financial or other incentive to a business prospect described by Subdivision (1) for the following: - Maguire Partners-Solana Land, L.P., related to Centurion’s development known as Entrada and Granada - Project Lynx - CS Kinross Lake Parkway, a Delaware limited liability company, its affiliate Charles Schwab & Co., Inc. - Hillwood, Westlake Retail Associates, Ltd., a Texas limited partnership (“WRA”), HW 2421 Land, LP, a Texas limited partnership (“HW2421”), and Hillwood Alliance Services, LLC, a Texas limited liability company (“HAS”) - Vaquero Club, Inc. c. Section 551.071(2) Consultation with Attorney on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with the Open Meetings Act: Waste (Trash) ordinance. d. Section 551.071 (2) Consultation with Attorney on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with this chapter: Trophy Club Municipal District No. 1 8. RECONVENE MEETING Mayor Wheat reconvened the meeting at 8:29 p.m. 9. TAKE ANY ACTION, IF NEEDED, FROM EXECUTIVE SESSION ITEMS. MOTION: Council Member Langdon made a motion to approve Resolution 17-29, Approving an Economic Development Agreement with Vaquero. Council Member Rennhack seconded the motion. The motion carried by a vote of 4-0. Town Council Minutes 06/19/17 Page 8 of 8 10. FUTURE AGENDA ITEMS - Mayor Wheat, consider taking the necessary steps to make Westlake a smoke-free municipality. Council Member Langdon seconded this request to discuss this topic during a work session. 11. ADJOURNMENT There being no further business before the Council, Mayor Wheat asked for a motion to adjourn the meeting. MOTION: Council Member Rennhack made a motion to adjourn the meeting. Council Member Belvedere seconded the motion. The motion carried by a vote of 4-0. Mayor Wheat adjourned the meeting at 8:31 p.m. APPROVED BY THE TOWN COUNCIL ON AUGUST 28, 2017. ATTEST: _____________________________ Laura Wheat, Mayor _____________________________ Kelly Edwards, Town Secretary Town Council Minutes 08/09/17 Page 1 of 2 MINUTES OF THE TOWN OF WESTLAKE, TEXAS TOWN COUNCIL MEETING August 9, 2017 PRESENT: Mayor Laura Wheat, Council Members: Alesa Belvedere, Carol Langdon, and Michael Barrett. ABSENT: Rick Rennhack and Wayne Stoltenberg OTHERS PRESENT: Town Manager Thomas Brymer, Assistant Town Manager Amanda DeGan, Town Secretary Kelly Edwards, Director of Public Works/Asst. to the Town Manager Jarrod Greenwood, Fire Chief Richard Whitten, Deputy Chief John Ard, Director of Human Resources Todd Wood, Director of Information Technology Jason Power, Director of Planning & Development Ron Ruthven, Director of Finance Debbie Piper, Finance Supervisor Jaymi Ford, and Director of Parks & Recreation and Facilities Troy Meyer. Workshop Session 1. CALL TO ORDER Mayor Wheat called the work session to order at 12:29 p.m. 2. DISCUSSION OF THE PROPOSED MUNICIPAL BUDGET FOR FISCAL YEAR 2017- 2018, FUNDED AND UNFUNDED (UNDER DISCUSSION) PROJECTS CONTAINED IN THE TOWN’S PROPOSED FIVE (5) YEAR CAPITAL IMPROVEMENT PLAN, AS WELL AS THE OPERATING BUDGET FOR WESTLAKE ACADEMY FOR FISCAL YEAR 2017-2018. Staff provided a presentation and overview of the proposed budget. Town Council Minutes 08/09/17 Page 2 of 2 Discussion ensued regarding funds that can help support the General fund, transfers out of the General Fund, protecting the General Fund, correlation between retail / sales tax 1 to 1 commercial, and commitments to future residents of Westlake. Discussion also ensued regarding the items not recommended for approval such as the IT Network position, updating the WA Master Plan, and the trail system. Additional discussion ensued regarding the history of property tax revenue and Truth and Taxation laws, property tax rates of surrounding cities, how large companies are using consultants to obtain tax incentives, the current incentive policy, sales and use tax revenue, residential demands and commercial demands, and applying for Texas Water Development Board funding to apply towards Phase II for FTW Water contract. Mayor Wheat recessed the work session at 2:42 p.m. Mayor Wheat reconvened the work session at 3:05 p.m. The Mayor and Council provided Staff direction to move forward with the IT Network position, WA master plan with the assistance of Texas Student Housing Authority (TSHA), School Districts Strategies report, enrollment forecasting, and to continue working with the Home Owners Associations (HOAs) to keep the trails clean. 3. ADJOURNMENT Mayor Wheat adjourned the work session at 4:19 p.m. APPROVED BY THE TOWN COUNCIL ON AUGUST 28, 2017. ATTEST: _____________________________ Laura Wheat, Mayor _____________________________ Kelly Edwards, Town Secretary estlake Town Council TYPE OF ACTION Regular Meeting - Consent Westlake Town Council Meeting Monday, August 28, 2017 TOPIC: Consider approval of an Ordinance for the Appointment of a Municipal Court Clerk STAFF CONTACT: Amanda DeGan, Assistant Town Manager Strategic Alignment Vision, Value, Mission Perspective Strategic Theme & Results Outcome Objective Transparent / Integrity- driven Government Municipal & Academic Operations Exemplary Service & Governance - We set the standard by delivering unparalleled municipal and educational services at the lowest cost. Increase Transparency, Accessibility & Communications Strategic Initiative Outside the Scope of Identified Strategic Initiatives Time Line - Start Date: n/a Completion Date: n/a Funding Amount: Status - Funded Source - General Fund EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY) In keeping with the requirements of Ordinance No. 401 establishing the Municipal Court for the Town of Westlake in 2001, the court clerk requires appointment by the Council. The Court has had the same clerk since its inception in 2001, with Amanda DeGan previously serving in this capacity. When the Court Administrator/Supervisor position became vacant this year, an extensive search and interview process was conducted. Mrs. Jeanie Roumell was selected to fill the position. Jeanie brings 23 years of experience in the court and has her Level III Court Clerks Certification from the Texas Municipal Courts Education Center. She is one of only 75 people in the state to achieve this level of professional certification. Jeanie has served as an officer in the North Texas Court Clerks Association and is well known in the court profession throughout the state of Texas. She has also mentored many court clerks and looks forward to working with the current staff to help them excel in the field. RECOMMENDATION Staff recommends approval of the appointment Ordinance. ATTACHMENTS Ordinance XXX Ordinance 831 Page 1 of 2 TOWN OF WESTLAKE ORDINANCE NO. 831 AN ORDINANCE OF THE TOWN OF WESTLAKE APPOINTING THE CLERK OF THE COURT FOR THE MUNICIPAL COURT OF RECORD NO. 1; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the Westlake Town Council established the Municipal Court of Record No. 1 and must provide for the appointment of a Clerk of the Court; and WHEREAS, Chapter 30, Section 30-34 of the Code of Ordinances sets forth the appointment of the court clerk and other municipal court personnel; and WHEREAS, the Town Council of the Town of Westlake, Texas, is of the opinion that it is in the best interests of the town and its citizens that the amendments should be approved and adopted. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That the Town Council hereby appoints the following individual to the Municipal Court of Record No. 1 in the capacity set forth below: Municipal Court Clerk Jeanie Roumell These appointments are made subject to and are governed by the provisions of Chapter 30 of the Code of Ordinances and in accordance with State law. SECTION 2: That this Ordinance shall be cumulative of all other Ordinances and shall not repeal any of the provisions of such Ordinances except for those instances where there are direct conflicts with the provisions of this Ordinance. Ordinances or parts thereof in force at the time this Ordinance shall take effect and that are inconsistent with this Ordinance are hereby repealed to the extent that they are inconsistent with this Ordinance. SECTION 3: If any section, article, paragraph, sentence, clause, phrase or word in the Ordinance, or application thereof to any person or circumstance, is held in valid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of the Ordinance, and the Town Council hereby declares it would have passed such remaining portion of the Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. Ordinance 831 Page 2 of 2 SECTION4: All other Ordinances in effect and not in conflict with this Ordinance shall remain in full force and effect. SECTION5: The Town Secretary of the Town of Westlake is hereby directed to engross and enroll this Ordinance by copying the exact Caption and Effective Date clause in the minutes of the Town Council of the Town of Westlake and by filing this Ordinance in the Ordinance records of the Town. 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 28th DAY OF AUGUST, 2017. _____________________________ ATTEST: Laura Wheat, Mayor ____________________________ ______________________________ Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager APPROVED AS TO FORM: ____________________________ L. Stanton Lowry, Town Attorney estlake Town Council TYPE OF ACTION Regular Meeting - Consent Westlake Town Council Meeting Monday, August 28, 2017 TOPIC: Consideration of a Resolution amending the agreement with Brown Reynolds Watford Architects to provide professional architectural design services for the Town of Westlake Fire/EMS Station No. 1 and authorize the Town Manager to make funding changes not to exceed $25,000 on this project. STAFF CONTACT: Troy J. Meyer, Facilities Director Strategic Alignment Vision, Value, Mission Perspective Strategic Theme & Results Outcome Objective Mission: Westlake is a unique community blending preservation of our natural environment and viewscapes, while serving our residents and businesess with superior municipal and academic services that are accessible, efficient, cost- effective, & transparent. People, Facilities, & Technology Exemplary Service & Governance - We set the standard by delivering unparalleled municipal and educational services at the lowest cost. Improve Technology, Facilities & Equipment Strategic Initiative Outside the Scope of Identified Strategic Initiatives Time Line - Start Date: December 12, 2016 Completion Date: January 1, 2019 Funding Amount $83,000 Status - Funded Source - Bond Issuance EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY) On December 12 2016, the town council approved a professional architectural design services agreement with Brown Reynolds Watford Architects (BRW) firm to complete the Westlake Fire/EMS Station No. 1 for a total of $638,000. This agreement with BRW includes the design of a fire station with a 4-bay apparatus drive through and fire administration with a training/EOC room and living quarters. On April 3, 2017, the Council directed staff to proceed with an expanded project scope for the fire station to ensure their desired iconic look and to stay true to our high Westlake standards. The project’s increased amount of $2.76M was funded by using $1.2M (one time money) from the sale of a 6-acre tract and a $1.5M 7-year note with the remaining $60K being provided by fund balance. To create the iconic look and meet the high Westlake standards, the architect firm has requested an increase of $83,000 to cover the additional detail drawings needed for the project. This includes items related to, but not limited to, the roof elevations, exterior stonework, mall area, landscaping and stone retaining walls. This additional cost does not affect the total project cost of $11.9M due to the use of a portion of the $288,000 contigency and/or any cost saving from the project. RECOMMENDATION Staff recommends the approval of the $83,000 amendment with Brown Reynolds Watford Architects to provide additional detail to meet the high Westlake standards for the Westlake Fire- EMS Station No. 1 and authorize the Town Manager to make funding changes not to exceed $25,000 on this project. ATTACHMENTS Resolution Exhibit A, Agreement Resolution 17-30 Page 1 of 2 TOWN OF WESTLAKE RESOLUTION NO. 17-30 A RESOLUTION AUTHORIZING THE TOWN MANAGER TO AMEND THE AGREEMENT FOR PROFESSIONAL ARCHITECTURAL DESIGN SERVICES WITH BROWN REYNOLDS WATFORD ARCHITECTS TO PROVIDE ADDITIONAL DETAIL TO CREATE THE ICONIC LOOK DESIRED AND MEET THE HIGH WESTLAKE STANDARDS FOR THE WESTLAKE FIRE-EMS STATION NO. 1 AND AUTHORIZE TOWN MANAGER TO MAKE FUNDING CHANGES NOT TO EXCEED $25,000 ON THIS PROJECT. WHEREAS, on December 12, 2016, Resolution 16-43, authorized the Town Manager to enter into a professional architectural design services agreement with Brown Reynolds Watford Architects (BRW) firm to complete the Westlake Fire/EMS Station No. 1 for a total of $638,000.00; and, WHEREAS, on April 3, 2017 the Council gave staff the direction to proceed with the additional project scope and funding for the fire station; and, WHEREAS, to ensure the station has the iconic look desired and to stay true to high Westlake standards; and, WHEREAS, amending of this agreement with Brown Reynolds Watford Architects would provide the additional detailed drawings and professional architectural design services needed to ensure the station has the iconic look desired and to stay true to high Westlake standards; and, WHEREAS, the Town Council finds that the passage of this resolution is in the best interest of the citizens of Westlake. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That, all matters stated in the Recitals hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirety. SECTION 2: That the Town of Westlake Town Council hereby approves amending the agreement with Brown Reynolds Watford Architects to provide professional services for concept design of the iconic Town of Westlake Fire EMS Station No. 1 and authorize the Town Manager to make funding changes not to exceed $25,000 on this project., attached as Exhibit “A. Resolution 17-30 Page 2 of 2 SECTION 3: If any portion of this Resolution shall, for any reason, be declared invalid by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions hereof and the Council hereby determines that it would have adopted this Resolution without the invalid provision. SECTION 4: That this resolution shall become effective from and after its date of passage. PASSED AND APPROVED ON THIS 28th DAY OF AUGUST 2017. ATTEST: _____________________________ Laura L. Wheat, Mayor ____________________________ ______________________________ Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager APPROVED AS TO FORM: ____________________________ L. Stanton Lowry, Town Attorney Resolution 17-30 Resolution 17-30 estlake Town Council TYPE OF ACTION Regular Meeting - Consent Westlake Town Council Meeting Monday, August 28, 2017 TOPIC: Consider approval of a Resolution approving amendments to the Town of Westlake Personnel Manual. STAFF CONTACT: Todd Wood, Director of HR & Administrative Services Strategic Alignment Vision, Value, Mission Perspective Strategic Theme & Results Outcome Objective Transparent / Integrity- driven Government Municipal & Academic Operations Exemplary Service & Governance - We set the standard by delivering unparalleled municipal and educational services at the lowest cost. Attract, Recruit, Retain & Develop the Highest Quality Workforce Strategic Initiative Codify and Maintain Organizational Policies and Procedures Time Line - N/A Start Date: N/A Completion Date: N/A Funding Amount: N/A Status - Funded Source - N/A EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY) The Town of Westlake Personnel Manual is a document requiring continual updates based on legislative changes, best practices, and organizational needs. The recommended updates are primarily semantic, but do include some changes to internal procedures. Recommended Policy Amendments The following pages include the proposed changes to the current Town of Westlake Personnel Manual. Additions are shown in blue, and deletions are shown in red. While some changes reflect compliance to legislative measures, the most notable proposed change is the addition of President’s Day as recognized holiday. Other changes include amendments to the sick leave policy, grievance policy, job advertisements, and nepotism policy. RECOMMENDATION Staff recommends approval of this Resolution. ATTACHMENTS Proposed policy additions, deletions, and changes summary Exhibit “A”: Town of Westlake Personnel Manual Resolution Proposed Personnel Manual Amendments Holidays The Town of Westlake will grant paid time off to regular full-time and full-time probationary/introductory employees for eleven (11) designated holidays or shifts per annum according to the following criteria. Regular full-time and full-time probationary/introductory employees in pay status shall be compensated at their regular hourly rate and for the number of hours they would have worked had it not been a holiday. Regular full-time employees whose regular day off falls on a Town-designated holiday may receive pay for the holiday or, subject to Department Head approval, may elect to take a paid day off at a later time. Employees will receive holiday pay based on the number of hours they are scheduled to work on the day they take off. Each department is responsible for documenting saved holidays and when holidays are taken on the employee’s timesheet before submitting the timesheet to payroll for processing. Regular full-time and regular part-time employees who are scheduled to work on a Town-designated holiday will receive pay for the hours worked on the holiday plus holiday pay for the number of hours they are scheduled to work. Based on department operations and subject to Department Head approval, employees may elect to save their holiday and take a paid day off at a later time. Employees will receive pay for the saved holiday based on the number of hours they are scheduled to work on the day they take off. Each department is responsible for tracking saved holidays and when holidays are taken. To receive holiday pay, employees must be in pay status on their scheduled workday preceding and following the designated holiday. If a designated holiday falls during an eligible employee’s paid absence (i.e., vacation, sick leave), holiday pay shall take precedence and the leave period shall not be extended because of the holiday. Fire/EMS personnel are permitted to bank unused holiday time. The maximum threshold in an employee’s holiday bank is 528 hours, equivalent to two (2) years of holiday time. Any unused holiday time above this threshold will be forfeited on October 1st when new holiday time is credited to the employee’s bank. In addition to a floating personal holiday, the Town shall observe ten (10) eleven (11) official holidays per year, which include the following: Thanksgiving Day in November Friday after Thanksgiving in November Christmas Eve, December 24th Christmas Day, December 25th New Year’s Day, January 1st Martin Luther King, Jr. Day in January President’s Day in February Good Friday in March/April Memorial Day in May Independence Day, July 4th Labor Day, 1st Monday of September Personal Leave Day (floating holiday): Regular full-time, regular part-time, and probationary/introductory employees are eligible to use their Personal Leave Day upon commencing employment and must use it before their first anniversary date. Payment shall be made for the Personal Leave Day upon separation, retirement, or death of the employee if not taken during the year, providing that the employee has not been discharged as a result of criminal or civil misconduct involving Town property, personnel, or official position. If employment lasts less than six months, no payment will be made for the floating holiday and will be deducted from the employee’s last check if used. Town-issued Credit Cards The Town of Westlake may issue credit cards to employees for official purchases of goods or services. Employees will be required to sign a form indicating receipt of any issued card, and cards must be returned upon termination of employment. Use of Town-issued credit cards must follow all internal purchasing guidelines, and all purchases must comply with all applicable state and federal purchasing laws. The Town may implement additional internal controls for audit purposes at any time. The Town reserves the right to require the return of any Town-issued credit card at any time. Taxable Fringe Benefits Any taxable fringe benefit (as defined by the IRS regulations) received by an employee will be reported on the employee’s annual W-2 statement each calendar year. Instant (or Text) Messaging No communications related to the execution of Town business may be conducted via “Instant Messaging” or “Text Messaging.” Town business may be conducted using instant messaging on mobile phones, whether on Town-owned phones or personal phones. Any information exchanged regarding Town business should be considered public record and employees are required to adhere to the Town’s record retention schedule. Hiring of Relatives (Nepotism) No person related within the second degree of affinity or within the third degree by consanguinity to any elected officer of the Town, or to the Town Manager, shall be appointed any office, position, or clerkship, or other service of the Town. Relatives of all other persons employed by the Town of Westlake may not be hired if the relative is within the second degree of affinity or within the second degree of consanguinity. This policy applies to all Town departments, and may not be circumvented in cases where a relative would not be supervised by the existing Town employee. Exemptions to this policy may be made by the Town Manager for temporary, part-time positions. In the event that two employees enter into a marital relationship, one employee will be required to resign their employment with the Town within thirty (30) days. Present or future employees may not be promoted nor transferred to a position that would be in violation of this policy. For the purposes of this policy, a relative is defined to include: First degree affinity – spouse, spouse’s mother, father, brother, sister, son, daughter; Second degree affinity – spouse’s aunt, uncle, niece, nephew, grandmother, grandfather, granddaughter, grandson, first cousins; First degree of consanguinity – employee’s mother, father, daughter, son, sister, brother; Second degree of consanguinity – employee’s aunt, uncle, niece, nephew, grandmother, grandfather, granddaughter, grandson, first cousins; Third degree of consanguinity – employee’s great aunt, great uncle, great niece, great nephew, great grandmother, great grandfather, great granddaughter, great grandson, second cousins. Exemptions to this policy may be made in writing by the Town Manager on a case-by-case basis. Sick Leave The Town of Westlake provides paid sick leave benefits to eligible regular full-time and regular part-time employees for periods of temporary absence due to illness, non-job-related injury, serious health condition, or health fitness impairment to include the birth of the employee’s child. If unable to report to work due to illness, injury, serious health condition, or health fitness impairment to include the birth of the employee’s child, probationary, seasonal, and casual employees must contact their supervisor before the start of each scheduled work day/shift or as soon thereafter as practical to report the reason for their absence. However, probationary, seasonal, and casual temporary employees will not receive paid sick leave benefits. All time missed from work due to Sick Leave should be documented on an Employee Absence Form (see Forms Appendix). The form should be approved by the Department Head and forwarded to the Payroll Department for processing. Fire/EMS employees may document sick time usage on the employee timesheet. No employee is eligible to receive paid sick leave benefits until after six months of employment, unless approved by the Town Manager. An eligible employee may use sick leave for an injury, illness, serious health condition sustained by the employee or by a family member who resides in the employee’s household, or for a health fitness impairment to include the birth of the employee’s child. All regular full-time and regular part-time employees who are unable to report to work due to illness, non- job-related injury, serious health condition, or health fitness impairment to include the birth of the employee’s child, and who desire to receive paid sick leave benefits must notify their supervisor before the start of each scheduled work day/shift or as soon thereafter as practical. A physician’s statement is normally not required unless an employee is absent for more than three (3) consecutive work days (or one 24-hour shift for Fire/EMS personnel), working an intermittent schedule or a reduced schedule meeting FMLA criteria, or if a statement is not requested by the supervisor. When sick leave abuse is suspected, supervisors may require a physician’s statement for any sick leave absence. The physician’s statement should indicate the following: • Date the medical condition began and the probable duration; • Estimate of time the employee will be unable to perform work of any kind, or whether it is necessary to take intermittent leave or work a reduced schedule (part-time) and the duration of such schedules; • If the employee is needed to care for the family member residing in the employee’s household and the duration of the leave. Sick leave benefits are calculated on the employee’s base pay rate at the time of absence and will not include any special types of compensation. Any employee who requests sick leave pay while performing outside work for compensation shall be deemed to be in conflict with the intent of this benefit and the employee shall be subject to the loss of the paid sick leave time (in accordance with the Fair Labor Standards Act regarding the docking of pay for exempt employees) and subject to appropriate disciplinary action. Sick leave benefits shall not apply in incidents caused by willful misconduct, purposely self-inflicted, while on leave without pay, absence without leave, or result of other employment. Sick leave benefits for eligible employees shall accrue as follows: After 6 months of service 1 week 1-5 years service 2 weeks per year Over 5 years service 3 weeks per year Over 10 years of service 4 weeks per year Fire/EMS Personnel shall accrue sick leave at the following rates: After 6 months of service 3 shifts 1-5 years service 5 shifts per year Over 5 years service 7 shifts per year Over 10 years of service 10 shifts per year Maximum accrual totals shall be as follows: Fire/EMS Personnel on 24-hour shifts 60 shifts All other employees 60 days During the initial probationary/introductory period, exempt employees may be subject to a pay reduction for time not worked because sick leave accruals are not available. Reductions to pay will only be made for full workday absences, not for absences for a portion of the employee’s regular workday. This reduction will not affect the employee’s FLSA exempt status. Payment shall be made for accruals of unused earned sick leave upon retirement or death of the employee. Under this policy, retirement is defined as termination initiated by the employee who has fulfilled the age and years of service requirements under TMRS. Payment is contingent provided the employee has completed twelve (12) months of employment with the Town and has not been discharged as a result of criminal or civil misconduct involving Town property, personnel, or official position. Payment of unused sick leave in other circumstances is to be made only if approved in advance by the Town Manager. Vacancies and Job Announcements The filling of any vacancy must be approved in advance by the Town Manager. At the discretion of the Town Manager or department head, vacancies will may be advertised internally for the first one (1) week. and at the discretion of the department head If no internal candidates are selected, the position may then be advertised in local newspapers, the Town’s website, or external recruiting websites for a minimum period of two (2) weeks. Notices will specify job title, starting salary range, nature of the job, minimum standards, and the deadline for application. Internal and external candidates may, but are not required be combined into a single pool for the interview and selection process by the interview panel. When vacancies occur, employees who meet the minimum qualifications required will be given priority for promotion or transfer. EMPLOYEE COMPLAINT AND GRIEVANCE POLICY Policy In the interest of employee efficiency and morale, Town employees shall have the opportunity to discuss complaints and grievances with their employer after decisions are made which give rise to complaint or grievance. In order to ensure this opportunity, the following shall apply: PURPOSE - The purpose of this procedure shall be to settle matters on as low an administrative level as possible, as soon as possible after the applicable event, and to discover, whenever possible, mutually satisfactory solutions to problems which arise. COMPLAINT AND GRIEVANCE DEFINED - A "complaint" is an allegation that an employee's nonspecific employment conditions have been adversely affected. A "grievance" is an allegation that rights or benefits specifically provided by law, policy, personnel rule, or previous employer action (such as overtime pay, fringe benefit, or pay rate) has been denied or misapplied. PROBATIONARY AND TEMPORARY EMPLOYEES - Probationary and temporary employees may use this procedure, except in cases involving their performance evaluation or discharge. However, in cases where the employee considers performance evaluation or discharge to be improperly based upon the employee's age, sex, race, religion, national origin, or handicap condition, the employee shall have the right to such relief pursuant to (D) below. UNLAWFUL DISCRIMINATION COMPLAINT - Any employee who feels that he or she has been unlawfully discriminated against in matters relating to working conditions or other conditions of employment, solely because of the employee's age, sex, race, religion, national origin, or handicap condition shall have the right to file an equal employment opportunity (EEO) complaint directly with the Town Manager, as set out under the Town’s EEO Discrimination Complaint Procedure. Procedure The following procedure shall be followed in the event an employee desires to present a complaint or grievance. A. TIMELY INITIATION OF - Complaints and grievances shall be filed promptly after complained of events occur. With the exception of EEO complaints, including complaints of sexual harassment, matters under this procedure must be presented to the employee's immediate supervisor within five (5) working days from the occurrence of the challenged action, or from the time the employee first became aware (or with the exercise of reasonable diligence should have become aware) of its occurrence, in order to be considered. B. PROCEDURAL STEPS - To be considered, the procedural steps listed below must be followed after the challenged action had occurred. 1. First Step: Oral Presentation. All complaints and grievances other than EEO complaints shall be initially presented orally to the employee's immediate supervisor. (EEO complaints are to be taken directly to the Town Manager.) In this first step, the complaint or grievance shall be thoroughly discussed by the parties in order that every effort can be made to resolve the matter to the mutual satisfaction of employee and supervisor. Should this informal first step be considered unsatisfactory, the employee shall have the right to then file a formal written complaint or grievance as set out in the second step to this procedure, in B 2 below. 2. Second Step: Written Presentation. If the oral presentation as provided for in the first step fails to resolve the matter, the employee shall have the right, within five (5) working days after the discussion with the immediate supervisor, to file a formal written complaint or grievance with the employee's department head. In presenting the written complaint or grievance the following information must be stated within reasonable clearness: • the nature of the matter • the act or acts of commission or omission out of which the dispute arose • the exact date (if uncertain, the approximate date) of the act or acts of commission or omission • the identity of the employee who claims to be harmed • the identity of the party or parties alleged to have caused the problem • the remedy which is sought. Within five (5) working days of receipt of the written complaint or grievance, the department head shall meet with the employee and the employee's immediate supervisor to discuss the matter. In the effort to resolve the matter, the complaint or grievance at this step shall be thoroughly discussed by all parties involved. The decision by the department head, whether reached during this discussion or afterward, shall be presented in writing to the employee within five (5) working days after the meeting. (i) Complaints Only: Complaints shall not be submitted to any further appeal under this procedure beyond this step. However, the written record of each complaint submitted under this procedure shall be submitted to the Town Manager for review. The Town Manager reserves the right to consider any complaint submitted. (ii) (ii) Grievance Matters Only. Should the decision of the department head be unsatisfactory to the aggrieved employee, the employee may, within five (5) working days after receipt of the decision, appeal the decision to the Town Manager as set out below. 3. Appeal to the Town Manager. Within ten (10) working days of the receipt of a request for a hearing under B 2 (ii) above, the Town Manager shall notify the aggrieved employee and the employee's department head as to whether or not the request shall be granted. Should the Town Manager decide not to hear the grievance on appeal, the decision of the department head shall be final. Should the Town Manager agree to hear the grievance on appeal, the Town Manager shall schedule a meeting with all parties to discuss the grievance. The decision of the Town Manager, whether reached during the meeting or afterward, shall be presented in writing to each of the involved parties within ten (10) working days of the meeting. At the sole discretion of the Town Manager, this time period may be extended, and notice of the extension is given to all parties.. The decision of the Town Manager shall be final. C. COMPLAINT OR GRIEVANCE AGAINST DEPARTMENT HEAD - In the event that an employee's immediate supervisor is the employee's department head, the written complaint or grievance as set out in B 2 above may be presented directly to the Town Manager. D. FAILURE TO FOLLOW PROCEDURES - Failure of an employee to follow the procedures set out above, or failure to appear at a hearing, shall result in the loss of further appeal rights by the employee. Provided, however, that the time limits as specified under these procedures may be extended by mutual agreement of the complainant/aggrieved employee and the Town Manager. Resolution 17-31 Page 1 of 2 TOWN OF WESTLAKE RESOLUTION 17-31 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, APPROVING AMENDMENTS TO THE TO THE TOWN OF WESTLAKE PERSONNEL MANUAL. WHEREAS, the Town of Westlake realizes that updates and refinements to our standardized personnel policies and procedures are an ongoing and necessary practice; and WHEREAS, the goal of the Town of Westlake is to provide policies and benefits that are competitive to surrounding cities; and WHEREAS, the Town of Westlake desires is to provide employees with a personnel manual that reflects the goals and vision of the Town’s leaders; and WHEREAS, the Town Council finds that the passage of this Resolution is in the best interest of the citizens of Westlake. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That, all matters stated in the recitals hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirety. SECTION 2: That, the Westlake Town Council hereby approves the personnel policy amendments attached to this resolution as Exhibit “A, and its inclusion into the Town of Westlake Personnel Manual. SECTION 3: If any portion of this resolution shall, for any reason, be declared invalid by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions hereof and the Council hereby determines that it would have adopted this Resolution without the invalid provision. Resolution 17-31 Page 2 of 2 SECTION 4: That this Resolution shall become effective from and after its date of passage. PASSED AND APPROVED ON THIS 28th DAY OF AUGUST, 2017. ___________________________________ ATTEST: Laura Wheat, Mayor ________________________________ ___________________________________ Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager APPROVED AS TO FORM: ________________________________ L. Stanton Lowry, Town Attorney Resolution 17-31 Page 3 of 2 Exhibit “A” Part-Time Firefighter Program The Town of Westlake helps to maintain minimum staffing requirements by qualified personnel on a part-time basis. The primary purpose of the Program is to provide the community with an auxiliary unit of trained, competent Firefighter/Paramedics. These employees supplement our regular personnel and can be used in the event of an emergency when manpower is critical. A screening process will be conducted on all applicants selected by the Fire Chief to be considered for available positions. Requirements 1. Must be at least 21 years of age; 2. Must be in good physical and mental health with no disabling physical condition; 3. Must possess a valid Texas driver's license; 4. Must not have a history of criminal or improper personal conduct that may affect suitability for public safety work; 5. Must possess a United States high school diploma or G.E.D. equivalent; and 6. Must possess current firefighter and paramedic certifications; 7. United States Citizenship required or legal authorization to work in the United States. Hiring Process 1. Completion of Town of Westlake Employment Application 2. Completion of Personal History Statement 3. Review of Candidate Qualifications 4. Background Investigation 5. Department Interview 6. Certification and Appointment Commitment Part-time Firefighters are required to work a minimum amount of shifts, as outlined in the Department’s Standard Operating Policies. Part-time Firefighters not meeting this requirement will be classified as inactive for an additional calendar quarter. If inactive for more than two consecutive calendar quarters, Part-time Firefighters may be terminated without prior notice. Employee Benefits Part-time Firefighters are offered only specified benefits. These include social security match, Medicare match, unemployment insurance, and workers’ compensation insurance, as required by law. Other benefits, including vacation pay, sick leave, retirement benefits, health or disability insurance or related benefits, or any other type of employee benefits, are not included. Compensation Part-time Firefighters will be compensated at a rate that will be reviewed annually during the Town’s budget process. This pay rate may be adjusted at any other time by the Town Manager. Employees will be paid twice monthly by direct deposit in accordance with the Fire Department’s 15-day payroll cycle. Resolution 17-31 Page 4 of 2 Uniforms Part-time Firefighters will be provided with apparel which will identify them as a Town of Westlake employee. In addition, bunker gear will be available for Part-time Firefighters to use during emergency calls. Pants and footwear will not be provided. Nature of Employment Part-time Firefighters are subject to the same policies and departmental procedures as all other employees. Details of these policies and procedures are contained in the Town of Westlake Personnel Manual and the Westlake Fire/EMS Standard Operating Procedures document. All Part-time Firefighters will receive a copy of the Town of Westlake Personnel Manual, either in printed or electronic form. It shall be the responsibility of each employee to read, understand, and comply with all policies, procedures, rules, regulations, and practices, both those of the Town and those of their respective departments. Failure to comply may result in disciplinary action up to and including termination of employment. Use of Town Equipment All desks, lockers, vehicles, computers, storage devices, and any other equipment assigned to employees throughout an employee’s employment remain the property of the Town and may be inspected by a Department Head without notice. There is no expectation of personal privacy in any desk, locker, vehicle and/or equipment owned by or belonging to the Town. If an employee chooses to lock up personal belongings in Town property, the employee shall provide the Department Head with a copy of the key or combination that can be used in the event of an absence from work. The Town assumes no responsibility for loss of employees’ personal belongings stored in Town property. For use of computer related equipment, see Section 2.05. Town of Westlake Personnel Manual Adopted 8/28/2017 Acknowledgement of Receipt Name ___________________________________________________ I hereby acknowledge receipt of my personal copy of the Town of Westlake Personnel Manual, adpopted August 28, 2017. I agree to read the handbook and abide by the standards, policies, and procedures defined or referenced in this document. The information in this manual is subject to change. I understand that changes in Academy poli- cies may supersede, modify, or eliminate the information summarized in this document. As the Academy provides updated policy information, I accept responsibility for reading and abiding by the changes. I understand that no modifications to contractual relationships or alterations of at-will employ-ment relationships are expressed or implied by the Town of Westlake Personnel Manual. I understand that I have an obligation to inform the Human Resources Office of any changes in personal information, such as phone number, address, etc. I also accept responsibility for con- tacting the the Human Resources Office if I have questions or concerns, or need further explanation. I also acknowledge receipt of the following documents: Westlake Academy Fraud Policy New Health Insurance Marketplace Coverage Options and Your Health Coverage” document (OMB No. 1210-0149) Worker’s Compensation Notice FMLA Rights and Responsibilities Notice (WHD Publication 1420) ___________________________________ _________________________ Employee Signature Date Page i Town of Westlake Personnel Manual – Revised August 28,2017 Table of Contents Section 1- Administration and General Information ................................................................................ 1 1.01 Nature of Employment ....................................................................................................................... 1 1.02 Employee Responsibility ................................................................................................................... 1 1.03 Objectives and Policy Statements ..................................................................................................... 1 1.03.01 Policy ........................................................................................................................................ 1 1.03.02 Guidelines ................................................................................................................................ 2 1.03.03 Responsibility .......................................................................................................................... 2 1.03.04 Objectives ............................................................................................................................... 2 1.03.05 Policy Changes ....................................................................................................................... 3 Section 2- Federal and State Employment Laws and Regulations ........................................................ 3 2.01 Americans with Disabilities Act of 1990 (ADA) ................................................................................ 3 2.02 Consolidated Omnibus Budget Reconciliation Act (COBRA) ............................................................ 3 2.03 Identity Theft Policy (FACTA) ........................................................................................................... 3 2.04 Equal Employment Opportunity ....................................................................................................... 4 2.05 Fair Labor Standards Act (FLSA) .................................................................................................... 5 2.06 Family Medical Leave Act (FMLA) ..................................................................................................... 5 2.07 Immigration Law Compliance ........................................................................................................... 6 2.08 Internal Revenue Code, Section 125 (Cafeteria Plan) ...................................................................... 6 2.10 Whistleblower Act .............................................................................................................................. 8 Section 3: Application and Initial Employment ........................................................................................ 8 3.01 Vacancies and Job Announcements ............................................................................................... 8 3.02 Employment Applications ................................................................................................................ 8 3.03 Hiring Procedures .............................................................................................................................. 9 3.04 Probationary/introductory Periods ................................................................................................... 9 Section 4: Conditions of Employment .................................................................................................... 10 4.01 Required employment Forms ........................................................................................................ 10 4.02 Fitness for Duty Evaluations .......................................................................................................... 10 4.02.01 Employment-related physicals ................................................................................................ 10 4.02.02 Psychological Evaluations ...................................................................................................... 11 4.03 Hiring of Relatives (Nepotism) ....................................................................................................... 11 4.04 Outside Employment ...................................................................................................................... 12 4.05 Promotions ..................................................................................................................................... 13 Section 5: Employee Standards of Conduct .......................................................................................... 13 5.01 Confidentiality of Information ........................................................................................................ 13 5.02 Conflict of Interest .......................................................................................................................... 13 5.03 Dress Code ..................................................................................................................................... 14 Page ii Town of Westlake Personnel Manual – Revised August 28,2017 5.04 Electronic Communications and Equipment ................................................................................... 14 5.04.01 Prohibited Activities ............................................................................................................... 15 5.04.02 Personal Use......................................................................................................................... 15 5.04.03 Personal Computers and the Internal Network ..................................................................... 16 5.04.04 Internet .................................................................................................................................. 16 5.04.05 Email ....................................................................................................................................... 16 5.04.06 Web Browsing ......................................................................................................................... 16 5.04.07 Instant (or Text) Messaging .................................................................................................... 17 5.04.08 Telephone Voice Mail ............................................................................................................. 17 5.04.09 Employee Mobile Phone Policy ............................................................................................ 17 Town-issued Mobile phones ................................................................................................. 17 Employee Mobile Phone Allowance ..................................................................................... 17 Mobile Phone Reimbursement .............................................................................................. 19 5.05 Employee Conduct ........................................................................................................................ 19 5.06 Attendance and Punctuality ........................................................................................................... 20 5.07 Work Schedules ............................................................................................................................. 20 5.08 Facial Jewelry ................................................................................................................................ 21 5.09 Fraud Policy ................................................................................................................................... 21 5.10 Acceptance of Gifts.......................................................................................................................... 24 5.11 Inclement Weather......................................................................................................................... 24 5.12 Political Activity .............................................................................................................................. 25 5.13 Tobacco-Free Workplace .............................................................................................................. 26 5.14 Travel Policy ................................................................................................................................... 26 Event/Travel Procedures ............................................................................................................... 27 5.15 Town-Issued Credit Cards ............................................................................................................. 31 5.16 Drug Free Work Place ................................................................................................................... 31 5.17 Drug and Alcohol Policy .................................................................................................................. 32 5.17.01 Definitions ............................................................................................................................... 32 5.17.02 Constitutional Rights of Employees ........................................................................................ 35 5.17.03 Supervisory Training ............................................................................................................... 35 5.17.04 Notification of Supervisor of Authorized Drug Use ................................................................. 35 5.17.05 Additional Employee Responsibilities ..................................................................................... 35 5.17.06 Call for Special Duty ............................................................................................................... 36 5.17.07 Required Drug and/or Alcohol Testing .................................................................................... 36 5.17.08 Testing Methods ..................................................................................................................... 37 5.17.09 Procedures for Administering Tests ........................................................................................ 37 5.17.10 Drug Testing Procedures ........................................................................................................ 38 5.17.11 Alcohol Testing Procedures .................................................................................................... 38 5.17.12 Medical Examination ............................................................................................................... 38 Page iii Town of Westlake Personnel Manual – Revised August 28,2017 5.17.13 Post-Test Procedure ............................................................................................................... 39 5.17.14 Exam Results Confidentiality .................................................................................................. 39 5.17.15 Drug Testing Results .............................................................................................................. 40 5.17.16 Alcohol Testing Results .......................................................................................................... 40 5.17.17 Employee Cooperation ........................................................................................................... 41 5.17.18 Operation of Vehicles and Equipment .................................................................................... 42 5.17.19 Searches and Inspections in the Workplace ........................................................................... 42 5.17.20 Employee Convictions ............................................................................................................ 42 5.17.21 Social Functions ...................................................................................................................... 43 5.17.22 Off-Duty Conduct .................................................................................................................... 43 5.17.23 Reservation of Rights .............................................................................................................. 43 5.18 Part-Time Firefighter Program ....................................................................................................... 43 Section 6: Wage and Salary Administration ........................................................................................... 45 6.01 Paydays ......................................................................................................................................... 45 6.02 Direct Deposit ................................................................................................................................ 45 6.03 Timekeeping .................................................................................................................................. 46 6.04 Pay Corrections .............................................................................................................................. 46 6.05 Employment Classifications ........................................................................................................... 46 6.06 Compensatory Time ...................................................................................................................... 47 6.07 Overtime ......................................................................................................................................... 48 6.08 Pay Increases and title changes .................................................................................................... 48 6.09 Pay Increases ................................................................................................................................. 48 6.10 Skill / Standards rating plans ........................................................................................................... 48 6.11 Market Adjustments ........................................................................................................................ 49 6.12 Payroll Deductions ......................................................................................................................... 49 6.13 Personnel Data Changes .............................................................................................................. 49 Section 7: Employee Benefits .................................................................................................................. 49 7.01 Holidays ......................................................................................................................................... 49 7.02 Insurance Benefits (Dental, Medical, Life) ..................................................................................... 50 7.03 Other Insurance Coverage .............................................................................................................. 51 7.03.01 Workers’ Compensation .......................................................................................................... 51 7.03.02 Public Officials Liability ........................................................................................................... 51 7.03.03 Automobile Liability ................................................................................................................. 51 7.04 Retirement ..................................................................................................................................... 52 7.04.01 Texas Municipal Retirement System (TMRS) ......................................................................... 52 7.04.02 Social Security ........................................................................................................................ 52 7.05 Payroll Deductions ......................................................................................................................... 52 7.06 TMRS Supplemental Death Benefit ................................................................................................. 53 7.07 Deferred Compensation (457 PLAN)............................................................................................. 53 Page iv Town of Westlake Personnel Manual – Revised August 28,2017 7.08 Internal Revenue Code, Section 125 (Cafeteria Plan) .................................................................. 53 7.09 Car Allowance and Mileage Reimbursement ................................................................................ 53 7.10 Taxable Fringe Benefits ................................................................................................................. 54 7.11 Use Westlake Public Facilities ........................................................................................................ 54 7.12 Enrollment in Westlake Academy .................................................................................................. 54 Section 8: Leave and Absences .............................................................................................................. 54 8.01 Vacation ........................................................................................................................................... 54 8.02 Sick Leave ....................................................................................................................................... 56 8.03 Community Sick Leave Bank ........................................................................................................... 58 8.04 Bereavement Leave ...................................................................................................................... 58 8.05 Military Leave ................................................................................................................................. 59 8.06 Personal Leave ................................................................................................................................ 59 8.07 Witness/Jury Duty .......................................................................................................................... 59 8.08 Paid leave for non-exempt employees ........................................................................................... 60 Section 9: Corrective Action, Appeals, and Grievances ....................................................................... 60 9.01 Disciplinary Actions........................................................................................................................ 60 9.02 Acts Constituting Disciplinary Action ............................................................................................. 62 9.03 Employee Complaint and Grievance Policy .................................................................................. 63 Section 10: Performance Evaluations ..................................................................................................... 65 10.01 Performance Evaluations ............................................................................................................ 65 10.02 Purpose ....................................................................................................................................... 65 10.03 Pending Investigations .................................................................................................................. 65 10.04 Skill/Standards rating plans ........................................................................................................... 65 10.05 Performance Evaluation Appeal Guidelines .................................................................................. 66 Section 11: Termination of Employment ................................................................................................ 66 11.01 Employment Termination ............................................................................................................... 66 11.02 Health Care Coverage Continuation............................................................................................ 67 11.03 Exit Interviews .............................................................................................................................. 68 11.04 Reduction in Work Force ............................................................................................................. 69 11.05 Reinstatement .............................................................................................................................. 69 GLOSSARY OF TERMS ......................................................................................................................... 70 Page 1 of 72 Town of Westlake Personnel Manual – Revised August 28,2017 Section 1- Administration and General Information 1.01 Nature of Employment This handbook provides employees with a general understanding of our personnel policies. Employees are required to read and understand the contents of this handbook. This handbook and policies contained herein, is not a binding employment contract; nor is it intended to create contractual obligations of any kind. All employment with the Town of Westlake is “at will,” meaning that an individual’s employment may be terminated at any time, with or without notice, for any reason or no reason, by either the Town or the employee. Neither the employee nor the Town of Westlake is bound to continue the employment relationship. The Town reserves the right to change, revise or eliminate any of the policies, procedures, or benefits described in this handbook. This handbook replaces and supersedes all earlier Town personnel practices, policies, and guidelines. Any increase or decrease in employee benefits will normally occur during the annual budget review process and be adopted by the Town Council. 1.02 Employee Responsibility It shall be the responsibility of each employee to read, understand, and comply with all policies, procedures, rules, regulations, and practices, both those of the Town and those of their respective departments. Failure to comply may result in disciplinary action up to and including termination of employment. 1.03 Objectives and Policy Statements 1.03.01 Policy It is the policy of the Town that the general and final authority for Personnel Administration rests with the Town Manager, except for matters reserved to the Town Council by State law. The issuance of these policies and procedures does not constitute a contract between the Town and its employees for any duration of employment. The Town Manager reserves the right to change, revise or eliminate any of the policies, procedures or benefits outlined in this manual. Management authority includes but is not limited to the following: • Discipline or discharge; • Hiring, promotion, assignment, or transfer of employees; • Determination of the mission, goals, and objectives of Town departments; • Determination of the method, means, and allocation/assignment of personnel needed to carry out the Town’s mission; • Introduction of new or improved methods or facilities and changes of such; Page 2 of 72 Town of Westlake Personnel Manual – Revised August 28,2017 • Determination of reasonable schedules of work and establishment of methods and processes by which such work is performed; • Requiring the performance of duties as stated and intended in the job description, with the understanding that every duty connected with the Town’s operation and enumerated in a job description is not always specifically described; and • Determination of position availability by: Hiring and promoting or by authorizing lateral reassignments. 1.03.02 Guidelines • Individual Town departments may develop policies and procedures that are consistent with Town policies and procedures. • Policies and procedures apply to all employees of the Town, both on and off duty where applicable, and unless otherwise indicated, restricted by proper authority, or prohibited by State and/or Federal law. • Only the Town Manager or his designee through expressed delegation has the authority to enter into any employment agreements, promises, or commitments contrary to these policies and procedures, and all such agreements, promises, and/or commitments entered into by the Town Manager or his designee shall not be enforceable unless in writing and approved by the Town Council. • Any statement in a policy and procedure found to be illegal, incorrect, and/or inapplicable shall not affect the validity or intent of the remaining content of said policy and procedure. • Titles utilized shall not govern, limit, modify, or affect the scope of meaning or intent of any provision. 1.03.03 Responsibility • It is the responsibility of the Human Resources Department and each Department Head to ensure that each affected employee receives a copy of the policies and procedures upon implementation of said document at his/her initial employment orientation. • It is the responsibility of each Department Head and/or immediate supervisor to ensure the policies and procedures are fairly administered and equitably enforced. • It is the responsibility of each affected employee to read, retain, understand, and update his/her policies and procedures when provided applicable revisions and additions. 1.03.04 Objectives • To promote and increase productivity, efficiency, responsiveness to the public, and economy in Town service; • To provide fair and equal opportunity for qualified persons to enter and progress in Town service in a manner based upon merit and fitness as ascertained through fair and practical personnel management methods; • To maintain a program of recruitment, advancement, and longevity that will make Town service an attractive career, and to encourage employees to give their best effort to the job and to the public; • To establish and maintain a uniform plan of evaluation and compensation based upon the duties and responsibilities of positions in the Town; • To establish and promote high morale among Town employees by fostering good working relationships, providing uniform personnel policies, providing opportunities for advancement, and consideration of employee needs and desires. Page 3 of 72 Town of Westlake Personnel Manual – Revised August 28,2017 1.03.05 Policy Changes The Town of Westlake reserves the right to change, modify, amend, revoke or rescind all or part of this policy in the future. 1.03.06 Individual Department Policies It shall be the prerogative of each Department Head to develop and implement department policies, procedures, rules, regulations, and/or practices that are separate from or in addition to the policies, procedures, and regulations listed in the personnel policies. However, department policies and procedures, rules and regulations shall not be less restrictive, or inconsistent with the personnel policies of the Town. A copy of all department policies should be on file in the Human Resources Department. All Departmental policies must be reviewed by the Town Attorney and Town Manager in advance prior to adoption. Section 2- Federal and State Employment Laws and Regulations 2.01 Americans with Disabilities Act of 1990 (ADA) As mandated by the Americans with Disabilities Act (“ADA” or “The Act”), the Town does not discriminate against individuals with disabilities in the areas of employment, public services, and public accommodations. The Town does not discriminate against individuals with “qualifying disabilities” (as defined in the Act) who are otherwise qualified to perform the essential functions of a job, with or without reasonable accommodations. “Essential functions,” as defined in the Act, are the basic job duties an employee must be able to perform, with or without reasonable accommodations. “Reasonable accommodations” will be defined as any accommodation for an individual with a disability that can be made without causing the Town “undue hardship” as defined in the Act. 2.02 Consolidated Omnibus Budget Reconciliation Act (COBRA) On April 7, 1985 the COBRA law was enacted requiring your employer to offer employees and their families the opportunity for temporary extension of medical benefits coverage (called “continuation coverage”) at group rates in certain instances where coverage under the plan would otherwise end; i.e. employee’s resignation, termination, or reduction in hours of employment, death of spouse, termination of spouse’s employment, or reduction in spouse’s hours of employment; divorce or legal separation, or if a spouse becomes eligible for Medicare. If you would like more information on COBRA, please contact Human Resources. 2.03 Identity Theft Policy (FACTA) The Town of Westlake is committed to keeping the information received from citizens and customers safe from identity theft. This policy is designed to protect people from identity theft and to address the requirements of state and federal law. The methods used to prevent Page 4 of 72 Town of Westlake Personnel Manual – Revised August 28,2017 identity theft include ensuring that the information given to open an account with the Town is valid to prevent someone from using another person’s identity to open an account, monitoring already existing accounts for unusual or suspicious activity and, finally, providing for notification of account holders in the unlikely event of unauthorized release of sensitive information. The purpose of this policy is to set out procedures and practices to assist Town personnel in the prevention of identity theft and to comply with federal and state law requirements. Eliminating identity theft involves prevention, monitoring and notification. The Town will take measures to prevent fraudulent accounts from being opened, will monitor existing accounts for suspicious activity, and will notify individuals if an unauthorized release of information occurs. According to the Fair and Accurate Credit Transactions Act (“FACTA”) a municipal utility is a creditor subject to the requirements of the law. FACTA provides for certain “Red Flags” in its “Red Flag Rule” to assist in identifying and preventing identity theft. The Town of Westlake Identity Theft Prevention Policy contains procedures to: 1. Identify relevant Red Flags for new and existing covered accounts and incorporate those Red Flags into the Program; 2. Detect Red Flags that have been incorporated into the Program; 3. Respond appropriately to any Red Flags that are detected to prevent and mitigate Identity Theft; 4. Ensure the Program is updated periodically, to reflect changes in risks to customers or to the safety and soundness of the creditor from Identity Theft. The Texas Local Government Code, section 205.010, provides that certain requirements of the Business and Commerce Code apply to cities. Those requirements generally concern notification in the event of an unauthorized breach of sensitive personal information, and those standards are contained in the Town of Westlake Identity Theft Prevention Policy. In compliance with federal law, employees performing certain job duties will be required to complete a training course for the purpose of Red Flag identification and identity theft prevention. Employees will be provided this training at the Town’s expense and will be coordinated by the Human Resources Department. In addition, all Town employees will receive a complete copy of Town of Westlake Identity Theft Prevention Policy. 2.04 Equal Employment Opportunity The Town of Westlake is committed to an effective equal employment opportunity program in which all applicants will be afforded equal opportunities to be employed and all employees will receive fair and equitable consideration in all aspects of personnel administration. Discrimination against any person in recruitment, examination, appointment, training, promotion, retention, discipline, or in any other aspect of personnel administration is prohibited because of race, color, sex, national origin, religious opinions or affiliations, age, and/or disability. Age, sex, or physical requirements must have been demonstrated to be bona fide occupational qualifications prior to use as selection criteria. Any employee who feels discriminated against may file a complaint in accordance with procedures in the employee handbook. Page 5 of 72 Town of Westlake Personnel Manual – Revised August 28,2017 2.05 Fair Labor Standards Act (FLSA) The Fair Labor Standards Act (FLSA) established minimum wage, overtime, recordkeeping, and child labor standards and applies to all full-time and part-time employees. As amended in 1985, FLSA provides the option for compensatory time in lieu of overtime compensation for non-exempt employees. Executive, administrative, and professional employees are exempt from the FLSA overtime requirements. The Town will comply with the FLSA, which establishes the minimum wage for non-exempt employees. 2.06 Family Medical Leave Act (FMLA) The Town of Westlake is required to comply with the Federal Family Medical Leave Act (FMLA) of 1993. This section is considered a supplemental to the employee’s rights under FMLA. The Town reserves the right to designate FMLA leave as needed to any eligible employee and to require employees to use first all available paid time off as qualifying FMLA time toward the 12-week limit. The FMLA entitles eligible employees to take up to 12 weeks of paid or unpaid, job-protected leave in a 12-month period based on the employee’s anniversary hire date for: • The birth or placement of a child for adoption or foster care. • To care for an immediate family member (spouse, child, or parent) with a serious health condition. • To take medical leave when the employee is unable to work because of his/her own serious health condition. Eligible Employees To be eligible for FMLA, an employee must have worked for the Town for at least one year and have completed 1,250 hours over the 12 months prior to the commencement of the leave. The 12-month period during which an eligible employee may take up to 12 weeks of unpaid leave will be calculated using the eligible employee’s service anniversary date. Procedure An eligible employee who wishes to take FMLA must provide his/her supervisor with 30 days’ notice when the leave is foreseeable. At the time of the request, the employee may complete a “Family Medical Leave Information/Request Form”. Once FMLA is requested or designated by the Town, the employee will receive an information packet containing the full policy, forms, rights, and duties of the FMLA for both the employee and the Town. In most cases, the eligible employee must submit medical certification to support a request for leave. Health and dental benefits will continue during the FMLA provided the employee makes his/her regular, monthly contributions to the plan. Failure to pay premiums may result in lapse of coverage. Contact the Human Resources Department for specific details on continuing benefits while on leave. Page 6 of 72 Town of Westlake Personnel Manual – Revised August 28,2017 Employees returning from FMLA within the 12-week period will be restored to their original job, or to an equivalent job with equivalent pay and benefits. Employees returning from a medical FMLA may be required to present medical certification of fitness for duty. Failure to provide a medical certificate of fitness for duty may result in a denial of job reinstatement until medical certificate release is provided. FMLA may be taken in increments as small as one hour, and may not earn additional paid time off while on FMLA. Contact the Human Resources Department for the complete policy on the Family and Medical Leave Act and for a full explanation of your rights. FMLA will always begin with paid time off until all available paid time is used. After exhausting paid FMLA leave, non-paid FMLA leave will continue until the conclusion of the protected 12-week time limit. Following the conclusion of protected leave, the employer will decide whether non-FMLA leave should apply. The medical Certification of Health Care Provider serves as a "doctor’s note" to certify the reason and expected duration of the extended medical leave in writing. All requests for medical leaves must be accompanied by a doctor’s statement verifying your total disability and your estimated date of return to work. Further, the Town requires written medical verification of your ability to resume work and a list of restrictions that would directly relate to your ability to perform your job. Non-FMLA Qualifying Leave In certain cases, a leave of absence will not qualify as protected under FMLA. In these cases, an employee may be granted non-paid leave without benefits under the Leave of Absence Policy. 2.07 Immigration Law Compliance The Town of Westlake is committed to employing only United States citizens and aliens who are authorized to work in the United States and who comply with the Immigration Reform and Control Act of 1986. Each employee must properly complete, sign, and date the first section of Department of Homeland Security Form I-9 and provide the appropriate documentation required on section two of the form. The documentation provided will be used to verify employment eligibility through the federal government’s E-Verify system. Rehired employees must also complete the I-9 form if the previous form on file is more than three (3) years old, or if the employee is rehired after 90 days from their initial termination date. 2.08 Internal Revenue Code, Section 125 (Cafeteria Plan) This plan is authorized under Section 125 of the Internal Revenue Code (IRC) and has been approved and adopted by the Town Council as an employee benefit. This plan allows employees to pay three (3) separate classes of expenses with pretax dollars: insurance premiums, unreimbursed medical/dental expenses, and authorized child-care expenses. (For more information refer to IRC, Section 125 in the benefits section of this handbook.) Page 7 of 72 Town of Westlake Personnel Manual – Revised August 28,2017 2.09 Sexual and Other Forms of Illegal Harassment It is the policy of the Town of Westlake to prohibit sexual harassment in the workplace by any person in any form. Sexual harassment is a form of misconduct that undermines the integrity of the employment relationship. No employee, either male or female, should be subjected to unsolicited and unwelcome sexual overtures or conduct, either verbal, written, visual or physical. It refers to behavior that is not welcome, that is personally offensive, that lowers morale, and that, therefore, interferes with our work effectiveness. Sexual harassment is also a violation of Title VII of the Civil Rights Act of 1964, and thus it is illegal for any employee to sexually harass another. Examples of sexual harassment include, but are not limited to the following: Verbal • unwelcome comments about appearance • sexual jokes • sexually explicit, derogatory, or otherwise offensive language • humor and jokes about sex or gender-specific traits • unwelcome and repeated flirtations, propositions, or advances Non-Verbal • suggestive or insulting sounds • leering • whistling • obscene gestures • display in the workplace of sexually-suggestive objects or pictures that use gender-based stereotypes in a derogatory manner. Physical • touching • pinching • "brushing" the body • coerced sexual intercourse • other sexual contact Written • suggestive notes If you believe that you have been the subject of sexual harassment of any kind, you may file a complaint with the Town Manager or his designee. The Town Manager or designee shall conduct a thorough investigation in a timely manner. If a thorough investigation of an alleged incident of sexual harassment reveals that an employee has engaged in actions or conduct constituting sexual harassment, disciplinary action will be taken, up to and including termination. Page 8 of 72 Town of Westlake Personnel Manual – Revised August 28,2017 Given the nature of this type of discrimination, false accusations of sexual harassment can have serious effects on innocent women and men. All employees should act responsibly in making such accusations. False accusations that are determined to be intentional in nature will be investigated as sexual harassment, and it subject to the same disciplinary actions. Employees will be required to attend a sexual harassment training session during their introductory period of employment. 2.10 Whistleblower Act The act states that “a state or local governmental entity may not suspend or terminate the employment of, or take other adverse personnel action against, a public employee who in good faith reports a violation of the law by the employing governmental entity or another public employee to an appropriate law enforcement authority.” Texas Government Code Ann. §554.002 (Vernon 1995). Appeal Procedures: Section §554.006 of the Texas Government Code states “A public employee must initiate action under the grievance or appeal procedures of the employing state or local governmental entity relating to suspension or termination of employment or adverse personnel action before suing under this chapter.” Section 3: Application and Initial Employment 3.01 Vacancies and Job Announcements The filling of any vacancy must be approved in advance by the Town Manager. At the discretion of the Town Manager or department head, vacancies may be advertised internally for the first one (1) week. If no internal candidates are selected, the position may then be advertised in local newspapers, the Town’s website, or external recruiting websites for a minimum period of two (2) weeks. Notices will specify job title, starting salary range, nature of the job, minimum standards, and the deadline for application. Internal and external candidates may, but are not required be combined into a single pool for the interview and selection process by the interview panel. When vacancies occur, employees who meet the minimum qualifications required will be given priority for promotion or transfer. 3.02 Employment Applications Persons interested in posted positions shall complete employment applications for consideration of employment, promotion, transfer, or other such personnel actions as prescribed by the Town of Westlake. The application form must be completed in its entirety to the best of the applicant’s ability, signed and dated. Page 9 of 72 Town of Westlake Personnel Manual – Revised August 28,2017 Supplemental pages may be required to be attached to the application form to provide added information such as work history or photocopies of degrees, certifications, licenses, etc. The Department Head(s) and the Director of Human Resources shall evaluate the applications against job requirements to identify the most qualified candidates. Any misrepresentations, falsifications, or material omissions in any of the information or data may result in the exclusion of the candidate from consideration for employment, or termination if the person has been hired. 3.03 Hiring Procedures In an effort to hire the most capable and qualified candidates, the Town of Westlake adheres to the following procedures: Job announcements will be 1) posted as required, 2) distributed to all Town departments, 3) advertised in local newspaper(s), and 4) posted on the Town’s website. Any candidate for employment must fill out and sign an employment application form to be considered for hiring. Upon completion of the application, the candidate becomes an applicant for purposes of recordkeeping. Upon review of submitted applications, the Director of Human Resources and Department Head(s) will select candidates for an interview. Candidate(s) may be subject to secondary interviews, drug screening, background checks, and verification of employment eligibility through the federal E-Verify system. After a candidate has been selected, the Director of Human Resources and Department Head(s) must submit a Personnel Requisition Form to the Town Manager. No offer of employment may be extended without Town Manager approval of the Personnel Requisition Form. 3.04 Probationary/introductory Periods All full-time and part-time employees work on an introductory basis for the first six (6) months after their date of hire unless otherwise specified. The Town of Westlake uses this period to evaluate the employee for the position. The employee or the Town may terminate the employment relationship at will at any time, with or without cause or advance notice. Non-certified police and fire officers work on probationary status for one year from date of hire. Officers who are State of Texas certified (TCLOESE and/or TCFP) will normally work on probationary status for twelve (12) months. Employees who are demoted within the organization must complete a probationary period of six months. Department Heads, with the approval of the Town Manager, may extend the probationary/introductory period up to six (6) months if they need additional time to thoroughly evaluate the employee. Page 10 of 72 Town of Westlake Personnel Manual – Revised August 28,2017 A performance review with a “passing” score at the conclusion of the required probationary/introductory period shall move the employee to “regular” status. Section 4: Conditions of Employment 4.01 Required employment Forms Employees are required to submit the following forms to the Human Resources Department before commencing work: Forms W-4, I-9, Direct Deposit Authorization, TMRS enrollment. Insurance elections and Section 125 deductions must be made within the first 30 days after commencing work. 4.02 Fitness for Duty Evaluations 4.02.01 Employment-related physicals Certain positions exist where a certain level of fitness and physical well-being are required to perform requisite tasks proficiently and safely. This need has been recognized in the Department of Public Safety where pre-employment physicals have been mandatory for full-time positions. Medical screening of prospective employees serves several purposes: 1. Ascertains that employees meet the minimum physical requirements of jobs for which they are hired. 2. Protects existing medical conditions that need corrections or control. 3. Identifies pre-existing medical conditions that need correction or control. 4. Procurement of a healthy, more productive work force. A successfully completed pre-employment physical will be the final step in the hiring process for designated positions. After interview screening has been completed, the applicant selected will be notified of his/her tentative selection and informed that upon successful completion of a physical examination at the Town’s expense he/she will be hired. The applicant will then obtain authorization and instructions pertaining to the physical from the Human Resources Office. Should the results of the screening and/or examination indicate that a health issue is to be considered, every reasonable accommodation will be made to work with the new employee given the circumstances. Pre-employment physical examination documentation will be maintained in the Human Resources Office as a permanent part of the employee's personnel records. Examination forms for disqualified applicants will be filed with their employment applications. For some positions, annual physicals made be required for employees in compliance with federal, state, or local requirements. These physicals will be at no cost to the employee. Page 11 of 72 Town of Westlake Personnel Manual – Revised August 28,2017 Results of physical fitness evaluations are to be kept confidential and used only by personnel authorized by the Town Manager. They are only advisory and shall not be the sole basis for administrative decisions. 4.02.02 Psychological Evaluations Psychological evaluations may be required as part of the pre-employment screening process or to determine fitness for duty for current employees. All psychological evaluations will be conducted by a designated, licensed psychologist at the Town’s expense. Pre-employment psychological evaluations are required for some positions to help determine suitability for work and to identify any psychological trait, factor, or condition, which may significantly interfere with an applicant’s ability to carry out duties for the position for which he/she is applying, in accordance with the current departmental rules, regulations, and policies. Fitness for duty psychological evaluations may be required of current employees at any time. These evaluations are intended to provide guidance as to the employee’s inability to carry out duties due to psychological factors. The Town Manager may require a psychological evaluation as part of an administrative action for an employee showing behavioral signs of distress or impairment or when mental instability is reasonably suspected. For fitness for duty evaluations, the employee shall receive a written directive from the Town Manager to undergo an evaluation. This order will also contain information related to the date, time, and location of where the evaluation will be conducted. Failure by the employee to report for an evaluation shall result in disciplinary action, up to and including termination. Psychological reports are to be kept confidential and used only by personnel authorized by the Town Manager. They are only advisory and shall not be the sole basis for administrative decisions. 4.03 Hiring of Relatives (Nepotism) No person related within the second degree of affinity or within the third degree by consanguinity to any elected officer of the Town, or to the Town Manager, shall be appointed any office, position, or clerkship, or other service of the Town. Relatives of all other persons employed by the Town of Westlake may not be hired if the r elative is within the second degree of affinity or within the second degree of consanguinity. This policy applies to all Town departments, and may not be circumvented in cases where a relative would not be supervised by the existing Town employee. In the event that two employees enter into a marital relationship, one employee will be required to resign their employment with the Town within thirty (30) days. Page 12 of 72 Town of Westlake Personnel Manual – Revised August 28,2017 Present or future employees may not be promoted nor transferred to a position that would be in violation of this policy. For the purposes of this policy, a relative is defined to include: First degree affinity – spouse, spouse’s mother, father, brother, sister, son, daughter; Second degree affinity – spouse’s aunt, uncle, niece, nephew, grandmother, grandfather, granddaughter, grandson, first cousins; First degree of consanguinity – employee’s mother, father, daughter, son, sister, brother; Second degree of consanguinity – employee’s aunt, uncle, niece, nephew, grandmother, grandfather, granddaughter, grandson, first cousins; Third degree of consanguinity – employee’s great aunt, great uncle, great niece, great nephew, great grandmother, great grandfather, great granddaughter, great grandson, second cousins. Exemptions to this policy may be made in writing by the Town Manager on a case-by-case basis. 4.04 Outside Employment Employees may hold a job outside the Town of Westlake if they satisfactorily perform their job responsibilities with the Town within the prescribed hours of service required for their employment. Employees should give due consideration to the impact that outside employment may have on their health and physical endurance. All employees will be subject to the Town’s scheduling demands. Special requests or consideration brought about by outside employment will be secondary to meeting the Town’s needs. If an employee’s outside work hinders the performance or ability to meet the Town’s requirements as they change with time, the employee may have to make a choice of which job with which to continue employment. Outside employment that presents an actual or potential adverse impact on the Town will be construed as a conflict of interest. Employees who have attained certain professional or technical expertise may do consulting work outside of this jurisdiction or perform work for agencies whose business dealings would not create a conflict with this jurisdiction. Any employee on paid leave using sick pay, who then performs outside work for compensation within twenty-four (24) hours, shall be deemed to conflict with this policy and be subject to the loss of the paid leave time (in accordance with the Fair Labor Standards Act Page 13 of 72 Town of Westlake Personnel Manual – Revised August 28,2017 regarding the docking of pay for exempt employees) and subject to appropriate disciplinary action. 4.05 Promotions A promotion is the assignment of a current employee through the selection process to a vacant position in which the classification or grade has a higher maximum salary. The date of promotion will become the employee’s new annual review date. The temporary promotion of a qualified employee may be authorized by the appropriate Department Head for a period of time not to exceed ninety (90) days. If circumstances so warrant, a temporary promotion may be extended an additional ninety (90) days with the endorsement of the Town Manager. Temporary promotions shall not be used to circumvent normal selection procedures. Section 5: Employee Standards of Conduct 5.01 Confidentiality of Information During the course of employment with the Town of Westlake, employees may have access to personal information about current and former employees, Town citizens, businesses, job applicants, persons applying for permits or processed through the Courts, addresses, telephone numbers, and other information that is to be considered confidential. No information related to Town business or other employees should be divulged to anyone, including media, without approval of the Town Manager and Town Attorney to ensure compliance with the Texas Open Records Act, or other applicable laws. Requests for employee information, job references, job questionnaires, etc. must be referred to the Human Resources Department. 5.02 Conflict of Interest It is the policy of the Town of Westlake that employees shall faithfully execute their duties and shall refrain from knowingly engaging in any outside matters of interest incompatible with the impartial, objective, and effective performance of their duties. They shall not realize personal gain in any form that would improperly influence their Town duties and responsibilities. Employees shall not use Town of Westlake property, funds, or position for personal or political gain. Violation of this policy may result in disciplinary action up to and including termination. Employees shall not use any vehicle, equipment, tools, facility, supply or any other Town- owned property for their own use outside of the course and/or scope of their employment or position. Employees shall not allow friends, relatives, or acquaintances to use Town of Westlake property unless the Town property is normally available for use by the public. Nor shall Page 14 of 72 Town of Westlake Personnel Manual – Revised August 28,2017 employees store Town owned property on private property without the Town Manager’s written approval. 5.03 Dress Code The Town of Westlake is a public “service” organization; most employees are in constant contact with the public, citizens, out-of-town guests, potential residents, the business and professional community, etc. Employees are expected to dress in a manner that is appropriate to a business environment and their specific positions that will represent pride in the Town of Westlake and the citizens they serve. In accordance with department/division standards, or work environment, employees shall maintain a neat, clean, pressed and well- groomed appearance, including clothing that fits properly. Certain departments may be required to wear a specific uniform. Uniforms will be provided to Fire/EMS personnel and the Marshal’s Office. Public Works and Maintenance personnel are permitted to wear jeans. Office personnel are generally expected to wear business casual attire. The appropriate dress for men is slacks / khakis, dress pullovers, or a button down shirt. Ties are optional, but should be worn when representing the Town at public meetings or Town functions, unless otherwise notified. Acceptable attire for women is dress slacks / khakis, blouses, skirts, and pant suits. Tennis shoes or flip-flops are not acceptable unless approved in advance by the Town Manager. The Town observes a “Summer Casual” period each year during the warmest summer months. The tenure of the Summer Casual period is from May 1st through September 30th. During this timeframe, employees may select to wear more casual attire for personal comfort. For all employees, Polo shirts and other short sleeved items may be worn with khakis or slacks. Office personnel will be also be permitted to participate in “casual Fridays”. During casual Fridays, office personnel will be permitted to substitute jeans for slacks / khakis. Jeans should be clean and free from holes, tears, or lettering, and should not compromise the standards of a professional business environment. This policy will not affect the standards required for shirts, pullovers, blouses, or footwear. During the month of July, casual dress will be permitted each workday for office personnel. The standard dress for this period of time will be the same as “casual Fridays”. While casual dress is permitted during this time, employees are expected to use discretion when attending scheduled meetings, events, etc., and observe the Town’s standard dress code. Employees who are required to wear specific uniforms are exempted from this policy. This policy may be revised or eliminated by the Town Manager at any time. 5.04 Electronic Communications and Equipment This policy establishes rules governing the use of Information Technology systems and services including Internet services, electronic communication systems, and telephone Page 15 of 72 Town of Westlake Personnel Manual – Revised August 28,2017 communication systems including but not limited to e-mail, telephone, voice mail, facsimiles, pagers, cellular phones, computer network, and computer directories and files. Information Technology and Electronic/Telephone Communication Systems are provided by the Town of Westlake for business use. Employees should not expect privacy with respect to any of their activities using these systems. The Town of Westlake reserves the right to review any files, messages, or communications sent, received or stored on its computer, telephone and electronic systems. The Town of Westlake's prohibition against sexual, racial, and other forms of harassment is extended to include the use of electronic and telecommunications systems. Offensive, harassing, vulgar, obscene, or threatening communications are strictly prohibited, as are sexually oriented messages or images. Privileged or confidential material, such as, but not limited to attorney-client communications, should not be exchanged haphazardly by e-mail, facsimiles, instant messaging or other means. Use of Information Technology must be conducted in accordance with local, state and federal law; engaging in illegal, fraudulent, or malicious conduct is prohibited. Violation of this policy may result in disciplinary action up to and including termination. 5.04.01 Prohibited Activities • Engaging in illegal, fraudulent, or malicious conduct; • Harassing individuals; • Transmitting or storing material that is threatening, obscene, sexually explicit or disparaging of others based on race, national origin, sex, sexual orientation, age, disability, religious or political beliefs; • Obtaining unauthorized access to any computer system; • Using another individual's account or identity without explicit authorization; Conducting political campaigns or other prohibited activity; Gambling or playing a game for money or other stakes. • Downloading of software products from Internet sites is not permitted without prior approval of the Town Manager. 5.04.02 Personal Use Very limited or incidental use of Internet Services for personal use is acceptable. Such use must be infrequent. Personal use must not: • Involve any illegal activity or any prohibited activity listed above; • Interfere with the productivity of the employee or co-workers; • Consume system resources bandwidth or storage capacity on an on-going basis. Page 16 of 72 Town of Westlake Personnel Manual – Revised August 28,2017 5.04.03 Personal Computers and the Internal Network A personal computer and access to the Town’s internal network is provided to the employee for the purpose of conducting Town business and improving productivity. The employee is expected not to disclose personal passwords to network resources and to request a new password should he/she feel that the security of a password has been compromised. Passwords should only be shared with the employee’s supervisor(s) or technical support personnel. 5.04.04 Internet The Internet is a powerful communication tool and a valuable source of information. Internet service includes but is not limited to e-mail, file transfer protocol (FTP), web browsing and newsgroups. The employee should be aware that information transmitted over the Internet is potentially insecure. Internet communication systems may accommodate the use of passwords for security, however the reliability of such for maintaining confidentiality cannot be guaranteed. (Employees should assume that someone other than the intended recipient could read any and all Internet communication.) The Town of Westlake reserves the right to filter incoming and outgoing network communications for the purpose of securing the network, restricting access to inappropriate content or to determine compliance with this policy. 5.04.05 Email The Town of Westlake maintains an electronic mail system, commonly called e-mail, to assist in conducting business and as a means to enhance the ability of employees to communicate. All employees must be aware that the use of e-mail messages creates a public record and is subject to public record regulations with respect to inspection, disclosure, scheduled retention, and disposition. The Town reserves the right to retrieve and read any message composed, sent, or received and also reserves the right to filter email for the purpose of security and to restrict inappropriate usage. The employee is expected not to disclose personal passwords to network resources and to request a new password should he/she feel that the security of a password has been compromised. Passwords should only be shared with the employee’s supervisor(s) or technical support personnel. 5.04.06 Web Browsing The Town of Westlake reserves the right to filter web page requests to restrict access to inappropriate content. Requests to access content restricted by the filtering mechanism must be approved by the Town Manager. Page 17 of 72 Town of Westlake Personnel Manual – Revised August 28,2017 Employees should be aware of the potential threats in the form of “malware” or “spyware” that can potentially compromise a personal computer or network systems, and shall follow procedure to minimize such threats. 5.04.07 Instant (or Text) Messaging Town business may be conducted using instant messaging on mobile phones, whether on Town-owned phones or personal phones. Any information exchanged regarding Town business should be considered public record and employees are required to adhere to the Town’s record retention schedule. 5.04.08 Telephone Voice Mail Employees issued voicemail accounts return voice mail messages promptly. Since the voice mail system is a secured system, individuals are encouraged to avoid using their extension or the system default as a password. Information Technology will only provide another person's voice mail password to that person's supervisor, manager, or department director. 5.04.09 Employee Mobile Phone Policy Town-issued Mobile phones Mobile telephones acquired through the Town are for official use. Personal calls, except in extreme emergency, will not be paid for by the Town. Employees assigned mobile phones, either on a temporary (shared) basis or full time, are responsible for appropriate use and safekeeping. Using a Mobile telephone while operating a motor vehicle is strongly discouraged, employees should plan calls either before or after operating a motor vehicle. Employee Mobile Phone Allowance The mobile phone allowance is designed to offset the cost to the employee for using his/her personal device for Town business. At the sole discretion of the Town Manager, eligible employee may receive a mobile phone allowance in lieu of a Town-issued mobile phone. If approved for a mobile phone allowance, the employee shall enter into a Mobile Phone Allowance Agreement with the Town. The Town will not provide technical support for personal mobile phones, except for limited support for data communication with the Town’s network for those authorized to have the ability to do so. Eligibility: Employees eligible for a mobile phone allowance include Department Heads, full-time employees whose job duties regularly require emergency call back, Page 18 of 72 Town of Westlake Personnel Manual – Revised August 28,2017 irregular work hours, or other job-related factors that require the employee to routinely utilize a mobile phone to effectively perform their job duties. To qualify for a Mobile Telephone Allowance, an employee must not also have a Town issued phone. An eligible employee must return any Town-issued mobile phone prior to receiving a mobile phone allowance. Allowance Amount: The employee mobile phone allowance amount shall be $80.00 per month. No further reimbursement for mobile phone expenses (including accessories, usage fees, or other charges) is available to employees who receive a mobile phone allowance. Payroll Processing: Payments equaling one-half (50%) of the monthly mobile phone allowance shall be included on the eligible employee’s paycheck twice per month, subject to all applicable taxes and deductions under federal and state law. This allowance does not constitute an increase to base pay, and will not be included in the calculation of percentage increases to base pay due to salary increases, promotions, reclassification, etc. Employee Responsibilities: The employee must retain an active mobile phone contract as long as a mobile phone allowance is in place. The employee must provide their department head with their current mobile phone number and provide immediate notification if the number changes. Employees receiving a mobile phone allowance are expected to carry the mobile phone on their person, both on and off duty, and respond when called for Town business. Missed calls should be returned promptly; no later than the following business day. Employees receiving a mobile phone allowance are required to notify their supervisor in advance the employee anticipates they will be inaccessible by mobile phone. Employees may choose the mobile service provider and plan design of their choice. Use of the phone in any manner contrary to local, state, or federal laws will constitute misuse, and may result in immediate termination of the mobile phone allowance. An employee receiving a mobile phone allowance is solely responsible for replacing his/her personal mobile phone within five (5) business days if it is stolen, lost, or damaged. The employee must notify the Town of any lost or stolen device so the Town may take any action against unauthorized access to Town information. Allowance Termination: If an employee resigns, is terminated, transfers to a different department, or no longer qualifies for the mobile services allowance program, the allowance will be terminated. In the case of a resignation and/or termination, an allowance termination request is not required. If, prior to the end of the mobile services contract, either through a personal decision, employee misconduct/misuse, or a Town decision unrelated to employee misconduct, the employee needs to end or change the contract, the employee will bear the costs of any fees associated with termination of the service contract. Page 19 of 72 Town of Westlake Personnel Manual – Revised August 28,2017 Employees unable to purchase, maintain, carry and use an electronic communication device and/or services for business use (e.g., due to financial hardship) are required to notify their supervisor and the supplemental compensation will end immediately. If the employee terminates the mobile services contract at any point, he/she must notify their supervisor within five (5) business days to terminate the allowance. A delay in the notification may require a corrective payroll action to recover employer costs. Mobile Phone Reimbursement If a Town employee's position and/or responsibilities do not include the need for a Town issued mobile phone, employees may request reimbursement for the actual expenses of business-related mobile phone calls. Reimbursement for voice or data charges is limited to the total overage charge shown on the invoice; expenses for minutes included in the plan will not be reimbursed. The individual should make personal payment to the provider, and then should submit a request for reimbursement, identifying the business purpose. If personal use typically exceeds business use on a wireless phone, the employee should provide his/her own phone and submit reimbursement requests for business calls. A copy of the wireless phone bill, detailing the individual calls to be reimbursed, must accompany the reimbursement request. Although most wireless carriers do not include detailed phone records in their monthly statements, the information is readily available online from most major providers. Reimbursement documentation should identify the business purpose. 5.05 Employee Conduct The attitude and behavior of an employee, whether in public or private, is seen as a direct reflection of the Town of Westlake, its programs and policies. Employees should at all times present themselves in such a manner as to promote good will and a favorable attitude of the general public toward the Town of Westlake. The Town expects its employees to follow rules of conduct, which will best serve the interests and safety of all citizens and employees. The following are examples of misconduct, which may be grounds for suspension or termination, but such actions are not limited to the infractions listed below. • Violation of Town or departmental ordinances, rules, regulations, policies or procedures • Unsatisfactory performance or conduct • Theft of, unauthorized removal of, or possession of Town property • Falsification, unauthorized use, or disclosure of official documents, records, or information • Being unruly, disruptive, threatening violence, or fighting in the work place or on Town property • Willful disobedience of a legal directive issued by a supervisor and/or any disrespectful, insolent, or abusive acts towards a supervisor, Department Head, Town Manager, or member of the Town Council • Actions that result in the waste or damage of Town equipment, property, supplies, or resources Page 20 of 72 Town of Westlake Personnel Manual – Revised August 28,2017 • Unauthorized absence from the workstation, use of telephone or mail for personal benefit, or abuse of official authority • Harassment of persons protected by federal law due to their sex, age, religion, race, ethnic background, or disability status • Conviction of a felony • Arrest for and/or being charged with actions that bring discredit to the Town or a profession • Use, possession, or being under the influence of controlled substances without proper written medical authorization; ingestion or being under the influence of an alcoholic beverage in a • Town vehicle, while operating Town equipment, or while on call or on standby duty; ingestion of an alcoholic beverage during working hours or on Town property. • Unauthorized or improper use of official authority • Illegal, unethical, abusive, or unsafe acts • Failure of an employee to use available safety equipment, including seat belts, or employee’s disregard for the safety of others • Refusal to sign a form acknowledging receipt of the Drug and Alcohol Policy, or refusal to sign a consent form for testing and related searches and seizures • Possession of contraband while at work or on Town property, which includes but is not limited to drug paraphernalia, illegal or prohibited weapons, firearms, explosives, incendiaries, stolen property, and counterfeit money • Making false accusations or knowingly providing false information about another employee’s behavior or actions. 5.06 Attendance and Punctuality All employees are expected to demonstrate consistent and reliable work habits with regards to attendance and punctuality. Normal business hours for the Town of Westlake are 8:00am- 5:00pm. Fire/EMS shift hours vary and are determined by the Department Head. Employees are expected to be punctual for the beginning of their workday and / or shift. Tardiness may be grounds for disciplinary action. All absences should be documented using an Employee Absence Form. Non-exempt (hourly) employees are required to complete the form, which must be signed by their supervisor and forwarded to the Human Resources Department for processing. Exempt employees may submit the form directly to Human Resources without prior supervisory approval, but should notify their supervisor in advance of any planned absence. Absences exceeding an employee’s available sick, vacation, or holiday time will result in a reduction in wages or salary. 5.07 Work Schedules Work schedules for employees vary throughout the organization. Staffing needs and operational requirements may necessitate different starting and ending times, as well as changes in the total hours that may be scheduled each workday or week. Supervisors in each department will advise employees of their normal work schedule and such deviations or alterations that may be necessary to accomplish the required work. Page 21 of 72 Town of Westlake Personnel Manual – Revised August 28,2017 5.08 Facial Jewelry No facial jewelry may be worn by employees while they are on-duty. Facial jewelry is defined as jewelry that is worn on the face: nose, eyebrows, eyelids, lips, tongue, etc. This policy does not prevent the wearing of jewelry on the ears, neck, hands, etc. while on duty unless restricted by departmental policy or for safety reasons. 5.09 Fraud Policy The Town of Westlake is committed to protecting its revenue, property, information and other assets from any attempt, either by members of the public, contractors, sub-contractors, agents, intermediaries or its own employees, to gain by deceit, financial or other benefits. This policy sets out specific guidelines and responsibilities regarding appropriate actions that must be followed for the investigation of fraud and other similar irregularities. This policy applies to Council Members, all employees of the Town of Westlake, agencies and commissions over which the Town Council and Board of Trustees have authority to require general policies to be followed. Fraud and other similar irregularities include, but are not limited to: • • Forgery or alteration of checks, drafts, promissory notes and securities • Any misappropriation of funds, securities, supplies or any other asset • Any irregularity in the handling or reporting of money transactions • Misappropriation of furniture, fixtures and equipment • Seeking or accepting anything of material value from vendors, consultants or contractors doing business with Westlake which would be considered a conflict of interest • Unauthorized use or misuse of Westlake property, equipment, materials or records • Any computer related activity involving the alteration, destruction, forgery or manipulation of data for fraudulent purposes or misappropriation of Westlake-owned software • Any claim for reimbursement of expenses that are not made for the exclusive benefit of Westlake • Any similar or related irregularity General Policy and Responsibilities It is Westlake’s intent to fully investigate any suspected acts of fraud, misappropriation or other similar irregularity. An objective and impartial investigation will be conducted regardless of the position, title, and length of service or relationship with Westlake of any party who might be or becomes involved in or becomes/is the subject of such investigation. Each Department Head is responsible for instituting and maintaining a system of internal control to provide reasonable assurance for the prevention and detection of fraud, misappropriations and other irregularities. Management should be familiar with the types of improprieties that might occur within their area of responsibility and be alert for any indications of such conduct. Page 22 of 72 Town of Westlake Personnel Manual – Revised August 28,2017 The Finance Director, in consultation with the Town Manager, has the primary responsibility for the investigation of all activity as defined in this policy. The Finance Director will notify the Town Manager of a reported allegation of fraudulent or irregular conduct upon the commencement of the investigation to the extent practical. Throughout the investigation, the Town Manager should be informed of pertinent investigative findings. In all circumstances, where there are reasonable grounds to indicate that a fraud may have occurred, the Finance Director, subject to the advice of the Town Manager, will contact the Keller Police Department. Upon conclusion of the investigation, the results will be reported to the Town Manager. Westlake will pursue every reasonable effort, including court ordered restitution, to obtain recovery of the Town losses from the offender, or other appropriate source(s). Procedures Any employee who has knowledge of an occurrence of irregular conduct, or has reason to suspect that a fraud has occurred, shall immediately notify the Finance Director. If the employee has reason to believe that the Finance Director may be involved, the employee shall immediately notify the Town Manager. If the employee has reason to believe that the Town Manager may be involved, the employee shall immediately notify the Finance Director, who will contact the Mayor. The employee shall not discuss the matter with anyone other than the Finance Director or Town Manager. Employees who knowingly make false allegations will be subject to discipline up to and including termination. Upon notification from an employee or Department Head of suspected fraud, or if the Town Manager has reason to suspect that a fraud has occurred, the Town Manager shall immediately contact the Finance Director. The Town Manager shall not attempt to investigate the suspected fraud or to discuss the matter with anyone other than the Town Council, Finance Director, Town Attorney, and the Keller Police Department. Upon notification or discovery of a suspected fraud, the Finance Director will promptly investigate the fraud. In all circumstances where there appears to be reasonable grounds for suspecting that a fraud has taken place, the Finance Director, in consultation with the Town Manager, will contact the Keller Police Department. After an initial review and a determination that the suspected fraud warrants additional investigation, the Finance Director will notify the Town Manager of the allegations. If necessary, the Finance Director shall coordinate the investigation with the appropriate law enforcement officials. Page 23 of 72 Town of Westlake Personnel Manual – Revised August 28,2017 Once a suspected fraud is reported, the Finance Director, in consultation with the Town Manager, shall take immediate action to prevent the theft, alteration, or destruction of relevant records. Such actions include, but are not necessarily limited to, removing the records and placing them in a secure location, limiting access to the location where the records currently exist, and preventing the individual suspected of committing the fraud from having access to the records. The records must be adequately secured until the Finance Director obtains the records to begin the audit investigation. All participants in a fraud investigation shall keep the details and results of the investigation confidential. However, the Finance Director, in consultation with the Town Manager and Town Attorney, may disclose particulars of the investigation with potential witnesses if such disclosure would further the investigation. Personnel Actions If a suspicion of fraud is substantiated by the investigation, disciplinary action, up to and including termination, shall be taken by the appropriate level of management. Disciplinary procedures shall be in conformance with the Westlake's Personnel Policies and Procedures. Unless exceptional circumstances exist, a person under investigation for fraud shall be given notice in writing of the essential particulars of the allegations following the conclusion of the audit investigation and prior to final disciplinary action being taken. Where notice is given, the person against whom allegations are being made may submit a written explanation to the Finance Director no later than seven calendar days after the notice is received. This requirement is subject to any collective agreement provisions respecting the rights of employees during disciplinary proceedings. Whistle-Blower Protection Employees who report suspected fraud shall not be subjected to reprisal or retaliation in any form. No employer or person acting on behalf of an employer shall: • dismiss or threaten to dismiss an employee who reports fraud; • suspend or threaten to discipline or suspend an employee who reports fraud; • impose any penalty upon an employee; or intimidate or coerce an employee, who reports fraud. Media Issues Any staff person or elected official contacted by the media with respect to an audit investigation shall refer the media to the Town Manager. The alleged fraud or audit investigation shall not be discussed with the media by any person other than through the Town Manager, in consultation with the Finance Director and the Town Attorney. The Town Manager will facilitate the release of any information to the media and identify an appropriate Town spokesperson, if required. Page 24 of 72 Town of Westlake Personnel Manual – Revised August 28,2017 Completion of Investigation At the conclusion of the investigation, the Finance Director will document the results in a confidential memorandum report to the Town Manager with a copy to the Town Council. If the report concludes that the allegations are founded, the report will be forwarded to the Keller Police Department. The Finance Director will also be required to make recommendations to the Town Manager, who will assist in the prevention of future similar occurrences. Upon completion of the investigation including all legal and personnel actions, any records, documents and other evidentiary material will be returned by the Finance Director to the appropriate department. 5.10 Acceptance of Gifts It is expected that every Town of Westlake representative maintain the highest degree of ethical standards at all times. This standard may be greatly compromised by the improper acceptance of gifts. Even the appearance of accepting gifts can create a negative reflection of the Town. All Town of Westlake employees, elected officials, and authorized agents acting on behalf of the Town shall not accept any gift that may reasonably tend to influence them in the performance of their official duties, or to grant improper favor, service or thing of value. Neither shall they use their official position to secure special privileges or exemptions for themselves or others, or any special discounts or loans from any person or firm doing, or seeking to do, business with the Town of Westlake. The meaning of gifts for purposes of this policy includes the acceptance of items of monetary value, including entertainment, free travel, and lodging. Gifts of nominal value may be accepted only with the approval of the Town Manager. Any conflict or potential conflict of interest must be disclosed immediately to the Town Manager. Failure to do so will result in disciplinary action, up to and including termination. 5.11 Inclement Weather During periods of bad weather, civil disorder, or natural disaster, the Town Manager may allow employees Inclement Weather Leave. Employees unable to arrive at work shall receive one day of pay at the employee’s regular hourly rate with no loss of benefits. If the Town Manager authorizes late arrival or early dismissal, employees shall receive their regular rate of pay for a full day during the hours of authorized closure. Inclement weather hours will not count as time worked under FLSA. Time sheets for bad weather days authorized by the Town Manager shall be recorded as follows: Employees who do not come to work due to the bad weather should record 8W on the time sheet. Page 25 of 72 Town of Westlake Personnel Manual – Revised August 28,2017 Employees who came to work despite the bad weather should document the day worked with his or her supervisor. The employee will then be eligible for an additional day of Personal Leave to be taken on a date of the employee’s choice. The employee will be paid for all hours worked in addition to receiving inclement weather pay, not to exceed eight (8) hours per day when combined. If an employee exceeds eight (8) combined hours, the excess number of hours will be added to the employee’s Personal Leave bank. Supervisor approval is required for non-exempt employees who work during hours when closure has been authorized. Example #1: Delayed opening at 10am, employee works from 10am – 4pm Employees will record 2 Inclement Weather hours for the delayed opening, and 6 regular hours on their time sheet. Example #2: Delayed opening at 11am, employee works from 9am – 5pm In this example, Town Hall opened three hours late, and the employee worked two additional hours. The employee will record 3 Inclement Weather hours and 8 regular hours on their time sheet. Since this equals 11 hours, the employee will receive pay for eight hours worked, and three hours will be added to their Personal Leave Bank. Example #3: Early closure at 2 pm, employee works from 9am – 3pm In this example, Town Hall closed three hours early, and the employee worked one additional hour. The employee will record 3 Inclement Weather hours and 6 regular hours on their time sheet. Since this equals 9 (nine) hours, the employee will receive pay for eight hours (6 hours worked and two Inclement Weather hours). One hour will be added to their Personal Leave Bank. Example #4: Town Hall is closed, employee works from 9am – 5pm In this example, Town Hall is closed for the entire day, and the employee worked eight hours. The employee will record 8 Inclement Weather hours and 8 regular hours on their timesheet. The employee will receive pay for eight hours worked, and eight hours will be added to their Personal Leave Bank. If an employee attended a scheduled training class, it should be verified that the facility was not closed on the bad weather day and the employee did attend. The time should be recorded as actual time worked. In the interest of safety, Department Heads may authorize later arrival or earlier dismissal times for employees affected by certain factors (travel distance, specific road conditions, etc.) These guidelines do not apply to Fire/EMS personnel who work 24 hour shifts. 5.12 Political Activity Except as may be otherwise provided by law, the following restrictions on political activity shall apply to Town employees: Page 26 of 72 Town of Westlake Personnel Manual – Revised August 28,2017 Employees shall refrain from publicly using their positions for or against any candidate for public office in any jurisdiction. Employees shall not circulate petitions or campaign literature on behalf of candidates for Town elective office or be in any way concerned with soliciting or receiving any subscription, contribution, or political service on behalf of such candidates. Employees shall not use working hours or Town property to be in any way concerned with soliciting or receiving any subscription, contribution, or political service, or to circulate petitions or campaign literature on behalf of such candidates for public office in any jurisdiction. Employees shall not in any manner contribute money, labor, time, or other valuable items to any person for Town election purposes. No employee may seek or hold an appointive or elective office of public trust, partisan office in any jurisdiction, or any other office where service would constitute a direct conflict of interest with Town employment, with or without remuneration. If an employee decides to seek or assume such office, he or she shall resign from Town service or shall be dismissed for failure to do so. While out of uniform and not on active duty, an employee may engage in a political activity relating to a campaign for an elective office, except that the person may not solicit campaign contributions for a candidate other than from members of an employee organization to which that person belongs. 5.13 Tobacco-Free Workplace The Town prohibits smoking or using any tobacco or other plant products in all municipal buildings or facilities, or Town vehicles. Smoking or using of tobacco products is also prohibited on the grounds of Westlake Academy. 5.14 Travel Policy The job duties and responsibilities of Town representatives (employees) occasionally require attendance at various conferences, seminars, classes, meetings, workshops, or other events and may require travel to other areas of the metroplex, state, or country. The purpose of this policy is to establish and maintain prudent stewardship of public funds and ensure that Town representatives attend conferences, etc., that are necessary, relevant, and important to the future of the Town. The following travel guidelines are set forth to serve as a policy statement for business travel by all representatives of the Town of Westlake. The term “Town representatives” includes the Mayor, Town Council, appointed Board and Commission Committee Members, Volunteers, and Town employees. Assessing Value of Attendance Those attending a seminar, conference, etc., should review the details of those events to ensure that attendance would be beneficial in performance of their duties as representatives of the Town and that funds have been budgeted. Page 27 of 72 Town of Westlake Personnel Manual – Revised August 28,2017 Authorization Procedure Mayor and Town Council Members - Upon request of Town Council members, the Town Secretary’s office will coordinate registration, reservations, travel accommodations, etc., for all Town Council members. The Finance Director’s office should be contacted to confirm the availability of budgeted funds. All employees and board members must prepare a Travel Authorization Form for Town Manager approval. This form must include a detail of estimated travel expenses. Board and Commission Committee Members and Volunteers - Appointed board and commission committee members and volunteers must follow the same guidelines for Administrative Staff and Employees. The Town Manager must approve the Travel Authorization Form. Processing the Travel Authorization Form All approved Travel Authorization Forms shall be sent to the Finance Department for processing no later than ten (10) days before funds are needed. The completed Travel Authorization Form must be submitted with copies of the documentation (program registration) for the event. Event/Travel Procedures The following guidelines and standards shall be utilized when traveling on Town business. A. Registration 1. Direct payment to the sponsor of the event is preferable. 2. In the event direct payment to the sponsor is impossible, an individual attendee will be reimbursed for the actual cost of the registration and/or event costs. 3. Full advantage should be taken of any pre-registration discounts when possible. 4. Vouchers, invoices, advance registration forms, and/or receipts must be submitted as payment or reimbursement justification. B. Transportation Transportation arrangements are based on what provides the most economic advantage to the Town of Westlake. Airfare - Airfare will be paid directly to the carrier, travel agency (or reimbursed), based on coach fare, utilizing all prepaid, special, or discount fares as may be available. Page 28 of 72 Town of Westlake Personnel Manual – Revised August 28,2017 Public Carrier Fares and Car Rental 1. Public carrier fares will be reimbursed based on receipts or prevailing fares based on the geographic area. 2. Car rental reimbursement will be reviewed upon submission and/or receipt and prevailing rental rates paid. If necessary, other circumstances will be evaluated in determining additional reimbursement for the rental. 3. Discounts and special rates should be utilized whenever possible. Personal Vehicle or Town Owned Vehicle Use 1. Employees attending events, seminars, classes, workshops, etc., in the metroplex no matter what the duration of the class may be provided a Town vehicle to attend, if available. 2. If no vehicle is available, employees using their own vehicle will be eligible to receive a mileage allowance at a rate in accordance with the Internal Revenue Service allowance. Reimbursement will be based upon actual mileage from the employee’s regular place of work to their destination, or from home to destination whichever is less. 3. If an employee is required to attend training for an extended period of time (longer than one work week), the place of training will become the employees regularly assigned workplace until such training is completed. An employee will not be eligible for mileage reimbursement in such an instance. 4. To receive mileage reimbursement, the event, seminar, class, etc. must be required by the Town or approved as personal development related to the job of the employee. C. Overnight Accommodations 1. Room rental will be based on the actual cost of the room, plus tax and parking. Direct payment or billing from the hotel is preferred. 2. Personal items such as personal telephone calls and movies are not reimbursable. When travel time exceeds a day, one night’s accommodations enroute to the event and one night’s accommodation on the return trip may be reimbursed. 3. Receipts are required for all reimbursements. 4. Overnight accommodations should not exceed what is considered mid-range in terms of cost and should take into account the distance from the conference site in order to reduce transportation costs. Meals and Incidental Expenses Meals and incidental expenses may be either reimbursed to the employee utilizing the guidelines under Section “A” below, or the employee may request a daily per diem. Approval of per diem advances is required by the employee’s supervisor or the Town Manager. Travel Advances Travel advances are provided so that the employee is not required to use personal funds for Town business. Page 29 of 72 Town of Westlake Personnel Manual – Revised August 28,2017 1. Travel advances must be received by the Finance Department ten (10) business days prior to the event to allow adequate time for processing. 2. Advances are not to be considered additional compensation to the traveler. 3. Unused portions of travel advances must be returned immediately upon return to work following a trip. Failure to do so within five days shall be reported to the Department Director. 4. A daily advance amount of $65 is permitted including travel days. 5. Advances will be denied to travelers with previous advances outstanding over 10 days and when an expense report has not been filed. 6. Additional advance amounts for mileage are not permitted. Mileage, when allowed, is a reimbursable expense only. 7. Allowable expenses in excess of the advance amount may be reimbursed upon return and filing of an expense report. A. Reimbursement Method 1. Meals will be reimbursed upon presentation of receipts when travel is outside of the Town of Westlake for attendance at a seminar, training class, or full day meeting. 2. Meal receipts must be itemized. Alcoholic beverages are not eligible for reimbursement, and should be deducted from the receipt, or paid separately with the employee’s personal funds. 3. Meals will be reimbursed at a maximum of $15.00 for breakfast, $20.00 for lunch, and $30.00 for dinner. If a meal exceeds this amount, the employee will be required to pay the difference. 4. There is a maximum daily reimbursement of $65.00 for meals. Amounts not used for a meal cannot be applied to another meal. B. Per Diems As an alternative to the Reimbursement method, employees may select the option of a daily per diem for travel and meal expenses. Approval of per diem advances is required by the employee’s supervisor or the Town Manager. 1. Meals The Town will pay for meals up to the GSA allowance amount when the purchase of meals is directly attributable to the conduct of Town business. The employee shall utilize all meals provided by the conference/seminar/meeting. Incidental expenses for snacks and sundry items and gratuities are included in the GSA allowance. Determining GSA Allowance Rate The amount of the GSA allowance is based on the travel destination. Each travel destination has a GSA allowance rate that is assigned to it based upon cost of living. The GSA allowance rate for the travel destination is determined through the following steps: Page 30 of 72 Town of Westlake Personnel Manual – Revised August 28,2017 Step 1: Click on www.gsa.gov Step 2: Click on Per Diem Rates under the e-Tools: Online Services heading. Step 3: Click on the applicable US state for the destination Town. Choose the applicable Meals and Incidental Expense (M&IE) rate from the table. If the destination Town is not listed in the table, the standard rate provided in the table should be used. The GSA meal and incidental allowance shall be prorated (reduced) under the following conditions: • Meal is provided at a conference, seminar, or social event • Meal is provided on the airline or other mode of transportation • Meal is eaten at home on the day of the travel before beginning the travel or upon returning home after the travel. The GSA allowance shall be prorated as follows for the conditions listed above: • Breakfast - 20% of GSA allowance • Lunch - 30% of GSA allowance • Dinner - 50% of GSA allowance The GSA allowance shall not be carried over from one day to the following day during the travel. When using the per diem method, all employees must document GSA-allowable per diems using the Determination of Travel Allowance worksheet. The form shall include the applicable GSA allowances percentages for meals and other applicable expenses, and total travel costs. Supervisors or Department Heads who have managerial oversight for employee business expense(s) are/is expressly and ultimately responsible authorizing and reviewing travel expenses and reimbursements. Meals on traveling days: For the days beginning and ending travel, only those meals within the travel window should be claimed. • Days beginning travel: Departure times after 10 a.m. – only lunch and dinner should be claimed Departure times after 2 p.m. – only dinner should be claimed. • Days ending travel: Arrival times before 12 p.m. – only breakfast should be claimed Arrival times before 5 p.m. – only breakfast and lunch should be claimed Partial Day Reimbursement An employee who is traveling on official Town business for a continuous period of a minimum of four hours but less than twenty-four hours, which does not involve an overnight stay, will be reimbursed based on the per diem breakdown. No partial Page 31 of 72 Town of Westlake Personnel Manual – Revised August 28,2017 meal allowance will be paid for an official business trip of less than four (4.0) hours unless the business meeting includes a meal. Joint Expenses When two or more Town employees incur business expenses jointly (e.g. hotel expenses) that will be charged to the same account, one person may pay some or all of the joint expenses and file the travel report covering them. The report should mention the names of all Town employees whose expenses are included. Non-Reimbursable Expenses The following expenses are NOT reimbursable by the Town: • In-room movie or game rentals • Health clubs and spas • Personal articles (i.e. toiletries, magazines, etc.) • Alcoholic beverages • Entertainment unrelated to Town business (i.e. attending a movie or play with friends) • Business and personal calls from hotels • Calls to 900 numbers • Dry cleaning or laundry • Fines • Costs resulting from failure to cancel transportation or hotel reservations Submittal of Completed Expense Report Employee must document any reimbursable expenses incurred on an Employee Expense Report (see Appendix section). Receipts must accompany the report to substantiate any requested reimbursement. Expenses not previously approved by the Travel Authorization Request Form must be submitted to the Town Manager for approval. Expense reports should be submitted to the Finance Department within ten (10) business days of returning from travel. 5.15 Town-Issued Credit Cards The Town of Westlake may issue credit cards to employees for official purchases of goods or services. Employees will be required to sign a form indicating receipt of any issued card, and cards must be returned upon termination of employment. Use of Town-issued credit cards must follow all internal purchasing guidelines, and all purchases must comply with all applicable state and federal purchasing laws. The Town may implement additional internal controls for audit purposes at any time. The Town reserves the right to require the return of any Town-issued credit card at any time. 5.16 Drug Free Work Place The Town of Westlake is committed to providing a safe, efficient, and productive workplace for all employees. In keeping with this commitment, employees and job applicants may be required to provide a blood and/or urine sample to determine the use of alcohol, illegal or controlled substances in the workplace. Page 32 of 72 Town of Westlake Personnel Manual – Revised August 28,2017 Drug tests will be conducted in any of the following situations: pre-employment - as a pre-qualification to assuming any position, prospective employees may be required to submit to drug testing; promotion, transfer, or reclassification - as a prerequisite to assuming the position, affected employees may be required to submit to drug testing; incident - being involved in a reportable accident while operating Town vehicles or equipment; reasonable suspicion - as set forth in the Drug and Alcohol Policy; employees holding sensitive jobs may be subject to random drug and alcohol testing at the direction of the Town Manager. The Town of Westlake recognizes that alcohol and drug abuse can be successfully treated. Therefore, Town employees will be given the opportunity to successfully complete counseling or rehabilitation programs to overcome addiction to drugs or alcohol in addition to or in lieu of disciplinary action. However, employees who 1) refuse to submit to testing, 2) after a positive substance test refuse to seek counseling or treatment, or 3) violate the Drug Free Work Place policy two times will be dismissed from Town employment. 5.17 Drug and Alcohol Policy While at work, each Town employee has a responsibility to the public to deliver services in a safe, efficient, and conscientious manner. In order to perform a job in the safest manner possible, Town employees must be able to work in a drug-free environment and themselves to be free from the effects of alcohol and other performance-impairing substances while on the job. Accordingly, while on the job or in a Town vehicle, the use, sale, distribution, possession, or being under the influence of an intoxicating liquor, controlled substance, drug not medically authorized, or any other substance which impairs job performance or poses a hazard to the safety and welfare of the employee, the public, or other employees, is strictly prohibited and will result in suspension or termination. The use of illegal drugs or alcohol on the job, the misuse of legally prescribed drugs, or being under the influence of these substances, casts serious doubt on the employee’s ability to perform his or her job functions and undermines the public confidence in the integrity of Town personnel. 5.17.01 Definitions Abuse of Town property is exemplified, but not limited to, the following: Negligent or willful damage or destruction of Town equipment or property; Waste of materials or negligent loss of tools or materials; Improper maintenance of equipment; Page 33 of 72 Town of Westlake Personnel Manual – Revised August 28,2017 Damage caused by the use of tools or equipment for purposes other than that for which the tool or equipment was intended; Adulterant means a masking agent that prevents the detection of drug use in a drug testing specimen or any other substance used to tamper with the specimen. Alcoholic beverage means alcohol, or any beverage, containing more than one-half of one percent alcohol by volume, which is capable of use for beverage purposes, either alone or when diluted. Alcohol concentration (or content) means the alcohol in a volume of breath expressed in terms of grams of alcohol per 210 liters of breath as indicated by an Evidential Breath Test (EBT). Contraband means any article, the possession of which on Town premises or while on Town business causes an employee to be in violation of a Town rule or penal law. Contraband includes illegal drugs and open containers of alcoholic beverages, drug paraphernalia, illegal or prohibited weapons, firearms, explosives, incendiaries, stolen property, and counterfeit money. Nothing shall preclude the possession of contraband for the purposes of educational instruction pursuant to the employee’s job responsibilities. Controlled substances means any drug, substance, or immediate precursor listed in Schedules I-V or Penalty Groups 1-4 of the Controlled Substances Act of 1988 as it may be revised from time to time. Drug or Illegal drug means any drug in any detectable amount that is not legally obtainable; any drug that is legally obtainable but has not been legally obtained; any prescribed drug not legally obtained; any prescribed drug not being used for the prescribed purpose; any over-the-counter drug being used at a dosage level different than recommended by the manufacturer or being used for a purpose other than intended by the manufacturer; and any drug being used for a purpose not in accordance with bona fide medical therapy. Examples of illegal drugs are cannabis substances such as marijuana and hashish, cocaine, heroin, phencyclidine (PCP), and so-called designer drugs and look-alike drugs. Drug Paraphernalia means equipment, a product or material that is used or intended for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, or concealing a controlled substance in violation of this policy or in injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance. Medical Review Officer (MRO) means a licensed physician (doctor or doctor of osteopathy) responsible for receiving laboratory results generated by an employer’s drug testing program who has knowledge of substance abuse disorders and has appropriate medical training to interpret and evaluate an individual’s confirmed positive or adulterated test result together with his or her medical history and any other relevant biomedical information. Page 34 of 72 Town of Westlake Personnel Manual – Revised August 28,2017 Physician means a physician licensed by the State Board of Medical Examiners. Proper medical authorization means a prescription or other written approval from a physician for the use of a drug in the course of medical treatment. It must include the name of the substance, quantity/amount to be taken, the period of authorization, and whether the prescribed medication may impair the employee’s job performance. This requirement also applies to refills of prescription drugs. Refusal to submit to alcohol or drug test means that an employee: • Refuses to sign a consent to testing form; • Fails to provide adequate breath or urine for testing without a valid medical explanation after he or she has received notice of the requirement for testing; • Engages in conduct that clearly obstructs the testing process; • Uses adulterants to prevent the detection of drug use in a drug-testing specimen or uses any other substance to tamper with the specimen. Any refusal to submit to testing will be treated the same as a positive controlled substances test result. Substance abuse is exemplified by, but not limited to, the following: • Ingestion, inhalation, or injection of a controlled substance without proper written medical authorization; • Ingestion of an alcoholic beverage during working hours or on Town property unless authorized as part of a Town-sponsored event where the employee’s ingestion is pursuant to his or her job responsibilities and where the employee’s breath alcohol content is below 0.02; • Ingestion of an alcoholic beverage in a Town vehicle, or while operating Town equipment, or while on call or on standby duty; • Ingestion, inhalation, or injection of a controlled substance without proper medical authorization, or ingestion of an alcoholic beverage during non- working hours, which causes an employee to be unable to work in a safe and effective manner during working hours; • Use of prescription or over-the-counter medication in a manner for which it was not intended. Testing facility means a hospital, clinic, or laboratory approved by the Town to be used to collect body fluid or breath samples to be analyzed for specific controlled substances or alcohol. The facility will have all the required personnel, materials, equipment, and supervision to provide for the collection, security, temporary storage, and transportation of the samples to the testing laboratory, or to conduct alcohol testing. Under the influence or Impaired is defined as abnormal behavior during working hours or while on call or on standby duty, which results from indulging in an alcoholic beverage, controlled substance, or drug which may limit an employee’s ability to safely and efficiently perform his or her duties or poses a threat to the safety of the employee or others. Page 35 of 72 Town of Westlake Personnel Manual – Revised August 28,2017 Working hours means from the time the employee arrives at the job site until the time the employee leaves, including all lunch or other types of breaks. 5.17.02 Constitutional Rights of Employees The Town of Westlake respects the constitutional rights of its employees. All actions taken by Town officials shall be consistent with the Constitution and laws of the United States and the State of Texas. 5.17.03 Supervisory Training Supervisory personnel will be provided with the training necessary to identify work- related performance problems of employees. 5.17.04 Notification of Supervisor of Authorized Drug Use Each employee shall report the use of medically authorized drugs or other substances that can impair job performance to the employee’s immediate supervisor and provide proper written medical authorization to work from a physician. It is the employee’s responsibility to determine from the physician whether or not the drug would impair employee job performance depending on the nature of the employee’s job. Failure to report the use of such drugs or other substances or failure to provide proper evidence of medical authorization will result in disciplinary action. Any information received from an employee under this provision will be kept confidential except to the extent it may be shared with individuals who are in a need-to-know position. The Town reserves the right to have a physician of its own choice determine if the medication produces hazardous effects at the prescribed dosage and may restrict the employee’s work activity. 5.17.05 Additional Employee Responsibilities Employees scheduled to be on call are expected to be fit for duty upon reporting to work. An employee scheduled to be on call and who is called out is subject to the provisions of this policy. Each Town employee who observes or has knowledge of another employee in an impaired condition to perform his or her job duties or who poses a hazard to the safety and welfare of the employee or others shall promptly report this fact to the immediate supervisor. The employee making the observation must file a written report to the suspected employee’s supervisor within 24 hours of observing or learning of the condition. Any employee concealing the use of or condition of being under the influence of drugs, controlled substances, or alcohol by other employees on the job, or failing to make such a report, will be subject to disciplinary action including suspension or termination. The suspected employee’s supervisor must then determine whether this information, along with the supervisor’s own observations, warrant a reasonable suspicion test. The supervisor will also forward Page 36 of 72 Town of Westlake Personnel Manual – Revised August 28,2017 the employee’s written report immediately to the Department Head in a confidential manner. If, after investigating a report of an employee’s impaired condition, the supervisor finds that the reporting employee has knowingly provided false information regarding the suspected employee, disciplinary action may be taken against the individual who filed the report and knowingly gave such false information. Any employee who makes a reasonable cause observation or who may be a witness at an accident scene shall also maintain complete confidentiality. Breach of confidentiality relating to test results or any other related matters will subject the employee to disciplinary action. All supervisors and Department Heads are responsible for documenting poor performance, for recognizing reasonable suspicion of drug or alcohol use by employees, and for carrying out the provisions of this policy. 5.17.06 Call for Special Duty If an employee is called to special duty at a time when he or she is off duty and not on standby duty, and when he or she has been consuming intoxicants, the employee shall report this usage to the person calling the employee for special duty. The person receiving the notification from the employee shall promptly notify the requesting supervisor. The employee will not be required to report for special duty until such a time that the employee is in compliance with this drug and alcohol policy. Employees who fail to notify the caller of their condition and report to work are subject to the provisions of this policy. 5.17.07 Required Drug and/or Alcohol Testing When a reasonable suspicion exists that an employee is impaired or under the influence of a controlled substance or alcohol, the employee shall be required to undergo a controlled substance and/or alcohol test at the Town’s expense. The exam shall consist of a urine and/or breath and/or blood test, and may include a physical examination by a physician. Reasonable suspicion includes, but is not limited to, the following: • Vehicle accidents in which the employee was involved during working hours; • Abuse of Town property; • Personal injury suffered by the employee, injuries caused to others, or damage to another’s property; • Employee behavior problems such as fighting, declining work performance, being argumentative, uncooperative, or otherwise disruptive; • Receipt of written or oral statements by employees or others concerning use of drugs or alcohol by employees or being under the influence; Page 37 of 72 Town of Westlake Personnel Manual – Revised August 28,2017 • Possession of any drug, drug container, or drug paraphernalia, or any open alcoholic beverage container during working hours or while on standby duty, in a Town vehicle, or on Town property; and, Indications of possible impairment or intoxication which include the following: • Slurred speech • Disorientation • Job impairment (inability to perform the job in a routine manner) • Odor of alcoholic beverages • Odor of other substances • Unsteady gait or balance • Glassy eyes • Drowsiness • Euphoria • Mood swings • Inattentiveness • Excitement or confusion • Irritability • Aggressiveness • Other erratic behavior If an on-the-job accident or an accident involving Town equipment occurs and the supervisor determines that reasonable suspicion exists to warrant testing, the employee will be tested for both drugs and alcohol as soon as possible. The supervisor of an employee who is seriously injured and cannot provide a breath or urine specimen at the time of the accident will accompany the employee to the hospital and request that the hospital perform the tests necessary to determine the presence of controlled substances or alcohol in the employee’s body at the time of the accident. The employee will provide the necessary authorization for the Town to obtain these reports. In a medical emergency, the first consideration will be the health and welfare of the employee. 5.17.08 Testing Methods The methods by which substance abuse or alcohol use will be tested may include, but is not limited to, the following: • urinalysis • breath analysis • blood screening 5.17.09 Procedures for Administering Tests The Town Manager or designee is authorized to develop, administer, and modify testing procedures as required. A copy of the Town of Westlake Drug and Alcohol Policy shall be provided to the testing facility before any tests are conducted. The testing facility shall comply with Page 38 of 72 Town of Westlake Personnel Manual – Revised August 28,2017 the procedures outlined in this policy when conducting tests. The testing facility shall contact the Town Manager whenever it believes it is necessary to amend the testing procedures. A supervisor shall transport the employee to the testing facility where the employee will be required to show positive picture identification. Consequently, employees are required to carry their valid driver’s license with them while at work. 5.17.10 Drug Testing Procedures The employee shall complete a consent form prior to testing. If the employee does not understand what he or she is signing, the supervisor shall explain the form to the employee. The form authorizes the exam/test and the release of medical information regarding the employee’s medical condition and any test results. Failure to sign a consent form will be regarded the same as a positive drug test result. The medical facility staff member shall provide the employee with a container. A portion of the urine place in this container shall be used for a second test in case the employee requests a re-test of an initial positive or adulterated result. The specimen shall be produced in a location that provides privacy. All Fire/EMS commissioned officers shall be drug tested at the time of their annual physicals. 5.17.11 Alcohol Testing Procedures The employee shall complete a consent form prior to testing. If the employee does not understand what he or she is signing, the supervisor shall explain the form to the employee. The form authorizes the exam/test and the release of medical information regarding the employee’s medical condition and any test results. Failure to sign a consent form will be regarded the same as a breath alcohol content equal to or greater than 0.04. The employee’s breath alcohol content shall be analyzed using an Evidential Breath Testing device (EBT) operated by a Breath Alcohol Technician (BAT). The test shall be conducted in a private setting. 5.17.12 Medical Examination If the employee is unable to provide adequate breath or urine to conduct testing, the Town may require the individual to undergo a medical evaluation to develop pertinent information concerning whether the individual’s inability to provide a specimen is genuine or constitutes a refusal to test. The cost of the medical exam shall be paid by the Town and the employee will remain in a leave without pay status while awaiting the results of the medical exam. Page 39 of 72 Town of Westlake Personnel Manual – Revised August 28,2017 5.17.13 Post-Test Procedure The supervisor who makes a determination that reasonable suspicion exists to conduct a drug or alcohol test will prepare a written record of the observations leading to the test within 24 hours of the observation. At the conclusion of the alcohol test, the supervisor will provide instructions to the employee based on the test results and shall immediately hand-deliver the employer’s copy of the results to the Town Manager or his designee in a confidential manner. The supervisor shall also immediately and confidentially inform his or her Department Head of the test results. When a drug test is conducted, the employee shall remain off-duty in a leave without pay status pending the results of the exam and any other type of investigation the Town may conduct. Exam results will be sent confidentially to the Human Resources Department. Any time a drug test is conducted or when an alcohol test produces a breath alcohol content equal to or greater than 0.02, the supervisor shall ensure that the employee does not drive him or herself home in either them employee’s personal vehicle or in an assigned Town vehicle. 5.17.14 Exam Results Confidentiality The results of any drug or alcohol test shall be strictly confidential and shall not be disclosed without the prior written approval of the employee tested unless otherwise required by law. However, nothing in this paragraph will prohibit the lab, the MRO, or testing facility from releasing information relevant to an employee’s test results to the designated Town official(s). Additionally, only those persons in management directly involved in the decision-making process related to the tested employee will obtain any drug or alcohol testing information retained by the Town. There may be some instances where overriding public health or safety concerns may require the release of information otherwise considered confidential. All records of the Town shall be subject to the provisions of the Texas Open Records Act. A copy of the results of the exam shall be supplied to the employee examined, and the original exam results shall be maintained in a locked cabinet in the Human Resources office for a period of at least two (2) years, after which time they may be destroyed. The Human resources Office may, however, maintain the exam results and any reports on individuals who have violated this policy for the purpose of recording the number of violations. Management and supervisory personnel who are authorized to have access to alcohol or drug test results or medical information pertaining to this policy will maintain complete confidentiality regarding this information. Page 40 of 72 Town of Westlake Personnel Manual – Revised August 28,2017 5.17.15 Drug Testing Results The employee shall remain off-duty in a leave without pay status until the results of the controlled substances test are received by the Human Resources Department and until any other investigative procedures are complete. If the results are negative and unadulterated, no disciplinary hearing will be held and the employee will be given back pay as though he worked as previously scheduled for this time. A Medical Review Officer (MRO) shall review and interpret positive and adulterated results obtained from the lab. The MRO will examine the possible alternate medical explanations for any positive test results or adulterated results and give the individual testing positive or the individual with an adulterated test result an opportunity to discuss the test results prior to making a final decision. The MRO may verify an adulterated or positive test result to the Director of Human Resources without having communicated with the employee if the employee expressly declines to discuss the results of the test or if the employee has not contacted the MRO within five (5) days after a documented confidential contact by the Director of Human Resources instructing the employee to contact the MRO. An employee whose urine sample has tested positive for a controlled substance or has an adulterated test result has the option, within 72 hours of being notified by the MRO, of having the other portion of the sample tested at another DHHS-certified laboratory of the MRO’s choice. The Town will require the employee to pay cash in advance for the cost of shipment and analysis of the urine sample for re-testing. The employee will remain on leave without pay status while awaiting the results of the retest. If the remaining portion produces a negative unadulterated result, or if for any reason the remaining portion is not available, the test is considered negative, no sanctions will be imposed, and no disciplinary hearing will be held. Additionally, the Town will reimburse the employee for the expense of the re-test and back wages will be paid as though the employee worked as previously scheduled for this time period. Results that are positive for an illegal drug or controlled substance or are adulterated will result in termination of the employee. Upon receipt of a positive drug test or an adulterated test result, the Human Resources Office shall confidentially notify the employee’s supervisor and Department Head and shall schedule a disciplinary hearing giving written notice of the date, time, and place of the hearing and a copy of the test results to the employee tested. At the hearing, the employee shall have the opportunity to challenge the test results or the testing procedure. If the employee is found to be in violation of this policy, he or she will be terminated from employment. 5.17.16 Alcohol Testing Results Employees who test below 0.02 breath alcohol concentration will be allowed to return to duty unless the employee’s departmental rules and regulations do not allow an employee’s return to duty with any level of alcohol in his or her system. A department’s rules and regulations will prevail over this policy only where they are more restrictive than this policy. If the employee is placed on leave without pay or terminated from employment as a result of violating departmental policy, the Page 41 of 72 Town of Westlake Personnel Manual – Revised August 28,2017 employee will be provided a notice of hearing by the Director of Human Resources and a disciplinary hearing shall be held. Employees who test equal to 0.02 but less than 0.04 breath alcohol concentrations will: • be taken home under the provisions of the Post-Testing Procedure and will not be allowed to return to duty for 24 hours after the conclusion of the initial alcohol test; • be placed on leave without pay and will not be allowed to perform any work on behalf of the Town for the 24-hour period immediately following the alcohol test; • be given a notice of disciplinary hearing stating the date, time, and location of the hearing and a copy of the test results when they return to work and are no longer under the influence of alcohol; • be allowed to challenge the test results or the testing procedure at the hearing; • be required to submit to unannounced alcohol testing at least six (6) times while on duty during the 12 months immediately following the initial test (the employee’s Department Head or designee will determine when the unannounced tests will be conducted); and, • be terminated if their breath alcohol concentration falls in this range twice in any consecutive 12-month period. Further, an employee will be terminated if his or her breath alcohol concentration falls in this range a total of four (4) times during employment with the Town of Westlake, regardless of any break in service. Employees who test equal to or greater than 0.04 breath alcohol concentration will: • be taken home under the provisions the Post-Testing Procedure; • immediately be placed on leave without pay and will not be allowed to perform any work on behalf of the Town; • be provided with a notice of a disciplinary hearing stating the date, time, and location of the hearing and a copy of the test results; • be allowed to challenge the test results or the testing procedure at the hearing; and, • be terminated from employment with the Town if they are found to be in violation of this policy. 5.17.17 Employee Cooperation All employees are expected to cooperate in the testing process. Refusal to take a drug or alcohol test or refusal to sign the consent form will be treated the same as a positive controlled substances test result or a breath alcohol content equal to or greater than 0.04. Failure to provide adequate breath or urine specimens for testing without a valid medical explanation is also considered a refusal to submit to testing. Any conduct that clearly obstructs the testing process, such as tampering with a specimen or the testing procedure, including the use of adulterants, will result in termination. Page 42 of 72 Town of Westlake Personnel Manual – Revised August 28,2017 5.17.18 Operation of Vehicles and Equipment Under no circumstances shall an employee operate motor vehicle or motorized equipment while under the influence of drugs or alcohol, or under the influence of medication that may affect the employee’s ability to operate such equipment. Additionally, when the supervisor has information from another employee when reasonable suspicion exists (as defined in Section 3.04.07, Required Drug and/or Alcohol Testing), an employee shall not be allowed to operate any motor vehicle or motorized equipment until the supervisor has investigated the situation and determined if testing for drugs or alcohol is warranted. If the supervisor determines that reasonable suspicion does not exist, the employee will be allowed to return to his or her regular duties. If reasonable suspicion does exist, the employee will be tested in accordance with Section 3.04.09, Procedures for Administering Tests. 5.17.19 Searches and Inspections in the Workplace Employees and their personal property, as well as Town property and equipment, may be searched when there is reasonable suspicion (as defined in Section 3.04.07, Required Drug and/or Alcohol Testing) to believe that an employee is in violation of this policy. The Town may conduct these inspections and searches for drugs, alcohol, or contraband on Town premises or in Town vehicles or equipment wherever located. Searches and inspections may be initiated without prior notification and conducted at times and locations deemed appropriate by the Town. Personal effects include, but are not limited to, personal vehicles, baggage, lockers, desks, toolboxes, and lunch boxes. An employee may have the right to refuse a search; however, an employee’s consent to a search is required as a condition of employment and the employee’s refusal will result in disciplinary action up to and including termination, even for a first refusal. Controlled substances, drugs believed to be illegal, and/or drug paraphernalia found on Town property will be turned over to the appropriate law enforcement agency and full cooperation given to any subsequent investigation. Substances that are suspected to be illegal drugs by a layman’s examination will be turned over to law enforcement authorities. Other forms of contraband such as prohibited or illegal firearms, explosives, and other weapons will be subject to seizure during an inspection or search. An employee who is found to possess contraband on Town property or while on Town business will be subject to discipline, up to and including termination. 5.17.20 Employee Convictions Any employee convicted of a violation of a criminal drug or alcohol statute for conduct occurring while on duty or on Town property must notify the Town of such conviction with 24 hours of conviction. Page 43 of 72 Town of Westlake Personnel Manual – Revised August 28,2017 If an employee fails to report such conviction, the employee will be subject to disciplinary action up to and including termination for the first offense. Convictions will result in immediate disciplinary action up to and including termination of employment. 5.17.21 Social Functions Employees attending training and conferences may participate in social functions associated with the conference or event. Employees who consume alcohol at these functions shall not drive. Any substantiated finding of alcohol abuse will result in disciplinary action up to and including termination of employment. 5.17.22 Off-Duty Conduct The Town reserves the right to take disciplinary action, up to and including termination, in the event an employee’s off-duty involvement with controlled substances and/or alcohol is damaging to the Town’s reputation or business and/or is inconsistent with the employee’s job duties or when such off-duty conduct results in impairment of the employee’s performance on the job. It is prohibited to consume alcohol while in a Town work uniform or while on duty. 5.17.23 Reservation of Rights The Town reserves the right, to interpret, change, rescind, or depart from this policy in part or in whole without notice. Nothing contained in this policy shall be construed as creating or constituting a contract with any employee, whether expressed or implied. 5.16 Part-Time Firefighter Program The Town of Westlake helps to maintain minimum staffing requirements by qualified personnel on a part-time basis. The primary purpose of the Program is to provide the community with an auxiliary unit of trained, competent Firefighter/Paramedics. These employees supplement our regular personnel and can be used in the event of an emergency when manpower is critical. A screening process will be conducted on all applicants selected by the Fire Chief to be considered for available positions. Requirements 1. Must be at least 21 years of age; 2. Must be in good physical and mental health with no disabling physical condition; 3. Must possess a valid Texas driver's license; 4. Must not have a history of criminal or improper personal conduct that may affect suitability for public safety work; 5. Must possess a United States high school diploma or G.E.D. equivalent; and 6. Must possess current firefighter and paramedic certifications; Page 44 of 72 Town of Westlake Personnel Manual – Revised August 28,2017 7. United States Citizenship required or legal authorization to work in the United States. Hiring Process 1. Completion of Town of Westlake Employment Application 2. Completion of Personal History Statement 3. Review of Candidate Qualifications 4. Background Investigation 5. Department Interview 6. Certification and Appointment Commitment Part-time Firefighters are required to work a minimum amount of shifts, as outlined in the Department’s Standard Operating Policies. Part-time Firefighters not meeting this requirement will be classified as inactive for an additional calendar quarter. If inactive for more than two consecutive calendar quarters, Part-time Firefighters may be terminated without prior notice. Employee Benefits Part-time Firefighters are offered only specified benefits. These include social security match, medicare match, unemployment insurance, and workers’ compensation insurance, as required by law. Other benefits, including vacation pay, sick leave, retirement benefits, health or disability insurance or related benefits, or any other type of employee benefits, are not included. Compensation Part-time Firefighters will be compensated at a rate that will be reviewed annually during the Town’s budget process. This pay rate may be adjusted at any other time by the Town Manager. Employees will be paid twice monthly by direct deposit in accordance with the Fire Department’s 15-day payroll cycle. Uniforms Part-time Firefighters will be provided with apparel which will identify them as a Town of Westlake employee. In addition, bunker gear will be available for Part-time Firefighters to use during emergency calls. Pants and footwear will not be provided. Nature of Employment Part-time Firefighters are subject to the same policies and departmental procedures as all other employees. Details of these policies and procedures are contained in the Town of Westlake Personnel Manual and the Westlake Fire/EMS Standard Operating Procedures document. All Part-time Firefighters will receive a copy of the Town of Westlake Personnel Manual, either in printed or electronic form. Page 45 of 72 Town of Westlake Personnel Manual – Revised August 28,2017 It shall be the responsibility of each employee to read, understand, and comply with all policies, procedures, rules, regulations, and practices, both those of the Town and those of their respective departments. Failure to comply may result in disciplinary action up to and including termination of employment. 5.17 Breaks for Expression of Breast Milk The Town of Westlake will make reasonable accommodations for the needs of employees who express breast milk. A place, other than a multiple user bathroom, that is shielded from view and free from intrusion from other employees and the public where the employee can express breast milk will be provided. A reasonable amount of break time will be provided when the employee has a need to express milk. For nonexempt employees, these breaks are unpaid and are not counted as hours worked. Employees should meet with their supervisor to discuss their needs and arrange break times. Section 6: Wage and Salary Administration 6.01 Paydays The Town of Westlake will take all reasonable steps to assure that its employees’ pay and benefits, as well as vacation, sick leave, and holiday time, are accurate. It is imperative that employees participate in this effort by examining their timesheets and signing them. Each employee should examine their paycheck received and bring to the attention of their immediate supervisor any discrepancies. All regular Town employees are paid bi-weekly on every other Friday. Fire Personnel are subject to a 15-day work cycle. Paydays fluctuate and are documented on the Fire Payroll Calendar. In the event a payday falls on a holiday, employees will receive their paychecks on the last banking day preceding the regular scheduled payday. Each paycheck will include earnings for all work performed during the previous payroll period. Each paycheck stub itemizes earnings and deductions and provides year-to-date totals for wages, income tax, TMRS, payroll taxes, and elective deductions. 6.02 Direct Deposit Direct deposit is a service provided to all Town of Westlake employees to deposit net pay directly into a financial institution (checking or savings account) of the employee’s choice. Paychecks are automatically deposited in a personal account on payday. The employee receives a check stub detailing gross pay, taxes, deductions, and direct deposit amount. The check stub will be sent to the employee each payday and the front of the check will read “void”. Page 46 of 72 Town of Westlake Personnel Manual – Revised August 28,2017 Any change to the status of paychecks with regard to direct deposit, such as a bank account number, application to participate in the program, or cancellation of the direct deposit program requires a two-week (2) written notice through the Human Resources Department (see Forms Appendix). Enrollment forms are located in Human Resources. Direct deposit will cease at the time of termination. Final check arrangements are made through HR during the “exit interview.” 6.03 Timekeeping Accurately recording time worked is the responsibility of every employee, and records should represent actual time worked on the job performing assigned duties. Federal and state law requires that the Town of Westlake keep accurate records of time worked in order to calculate employee pay and benefits. It is the immediate supervisor’s responsibility to accurately document and/or verify the time his or her subordinates begin and end their work period, each meal period, split shift and departure from work for personal reasons. The appropriate supervisor will review and sign the payroll time sheet before submitting to payroll. Department Heads are required to submit all timesheets for their department to Human Resources no later that 12:00pm on the Tuesday preceding payday. Fire/EMS shall submit timesheets in accordance with the dates specified on the Fire/EMS payroll calendar. Each time sheet will be signed by the employee indicating that the time recorded is correct. Falsification of a timesheet may be punishable by disciplinary action, up to and including termination. 6.04 Pay Corrections The Town of Westlake takes all reasonable steps to ensure that employees are paid the correct amount in each paycheck and that employees are paid promptly on the scheduled payday. If an error should occur in the amount of pay received, it is the employee’s responsibility to bring the error to the attention of their supervisor before the following paycheck is processed by the Human Resources Department. When underpayment is verified, it will be corrected not later than the next regular paycheck. Overpayments will be corrected as soon as practical through a repayment schedule so as not to place an undue burden on the employee. 6.05 Employment Classifications It is the intent of the Town of Westlake to clarify the definitions of employment classifications and categories so that employees understand their employment status and benefit eligibility. Page 47 of 72 Town of Westlake Personnel Manual – Revised August 28,2017 Each employee will be assigned either an exempt or non-exempt status for the purpose of complying with federal and state wage and hour laws. Exempt employees are excluded from specific provisions of federal and state wage and hour laws and may be classified in pay plans as executive, technical, or exempt. Non-exempt employees are entitled to overtime pay at a rate of one and one-half (1 ½) times their current hourly compensation as prescribed by federal and state wage and hour laws and may be classified in pay plans as non-exempt or technical. Specific employee categories are as follows: Regular full-time employees are those who are not on temporary or introductory/probationary status, are assigned to work a regular full-time schedule, and are eligible to the Town’s benefit package, subject to the conditions and limitations of each program. Regular part-time employees are regularly scheduled to work less than thirty- two (32) hours per week and are eligible for some Town-sponsored benefits, subject to the conditions and limitations of each program. Introductory employees are those who are new with the Town. Length of the introductory period is six (6) months for all employees except certified police and fire officers whose probation period is twelve (12) months. Probationary employees are those whose performance is being evaluated to determine whether future employment in their current position with the Town is appropriate. Seasonal employees are those who are hired as the need arises. The duration of seasonal employment shall be less than six (6) months and compensation will be based on an hourly rate. No Town-sponsored benefits will be extended to seasonal employees. Contract employees are those who have entered into a legal agreement with the Town to perform a specific duty or duties. The agreement will detail the rate of compensation and duration of contract. 6.06 Compensatory Time Non-exempt employees who work overtime hours may be eligible to receive compensatory time rather than overtime pay. Compensatory time is earned at a rate of 1½ times the number of hours worked if the employee has exceeded the overtime threshold for the respective pay period. The option to use compensatory time off rather than overtime pay is at the discretion of the Department Head. If Compensatory Time is selected by the Department Head, it should be noted clearly on the time sheet. Page 48 of 72 Town of Westlake Personnel Manual – Revised August 28,2017 Employees working overtime will receive 1½ hours of compensatory time for every hour worked in their Comp Bank. Unused comp time may be sold back to the Town once annually at any time and is payable in full upon termination, regardless of cause. 6.07 Overtime When operating requirements or emergency situations are such that needs cannot be met during normal working hours, employees may be given the opportunity to volunteer or may be instructed to work overtime. Overtime compensation is paid to all non-exempt employees in accordance with Federal and State Law. Non-exempt employees who are called in to work hours other than what is normally scheduled shall receive compensation of 1½ times the normal hourly rate. Mandatory training programs outside normal work hours, on or offsite, are paid at an overtime rate. Elective or non-mandatory training courses outside normal work hours may be unpaid or paid at a normal hourly rate, at the Town Manager’s discretion. 6.08 Pay Increases and title changes It is the policy of the Town of Westlake to conduct annual salary surveys of surrounding cities. Salary adjustments may be made in order to remain competitive. In circumstances such as promotion or merit based adjustments separate from market increases, the adjustment date will become the new anniversary date for future pay increases. This policy does not apply to one-time merit payments. Any changes to an employee’s salary or job title must be approved by the Town Manager. 6.09 Pay Increases It is the policy of the Town of Westlake to conduct annual salary surveys of surrounding cities in accordance with the compensation plan. Salary adjustments will be made in order to remain competitive. Merit increases are awarded at the discretion of the Town Manager. At the Town Manager’s discretion, employees may receive additional pay adjustments above market increases. In the event that additional pay adjustments are authorized, the authorization date will become the new anniversary date for future pay increases. This policy does not apply to one-time merit payments. 6.10 Skill / Standards rating plans The Human Resource Department and/or Department Heads may determine that certain positions progress through an existing pay grade by successful demonstration of skill blocks. Reviews will be conducted on a schedule to be determined by the Department Heads to assess if an employee has successfully demonstrated mastery of the prescribed objectives. Pay increases will be linked directly to the completion of prescribed objectives and overall work performance. If an employee is deficient in one or more skill areas, he or she will not be eligible for an increase until he has demonstrated mastery of that area. Page 49 of 72 Town of Westlake Personnel Manual – Revised August 28,2017 If the employee receives an overall rating that does not meet standards, he or she will be placed on a Performance Improvement Plan. 6.11 Market Adjustments The Human Resources Department will conduct a yearly market analysis. If any market adjustment is approved, all pay ranges and steps will be adjusted accordingly on the first day of the fiscal year in accordance with the Town’s compensation policy.. 6.12 Payroll Deductions Standard payroll deductions may include Medicare, FICA, medical, dental and life insurance, deferred compensation, TMRS, IRS Section 125 expenses, and child support. 6.13 Personnel Data Changes It is the responsibility of each employee to notify their department of any changes in personal data within five (5) working days from the date of change. The Town will not be responsible for lost or misdirected communication resulting from outdated personnel information. Information shall include, but not be limited to, change of name, home address, mailing address if different, telephone number, person(s) to be contacted in the event of an emergency, change in marital status and names of dependents. Each employee must complete and sign the W-4 form to meet federal requirements when such changes occur. Section 7: Employee Benefits 7.01 Holidays The Town of Westlake will grant paid time off to regular full-time and full-time probationary/introductory employees for eleven (11) designated holidays or shifts per annum according to the following criteria. Regular full-time and full-time probationary/introductory employees in pay status shall be compensated at their regular hourly rate and for the number of hours they would have worked had it not been a holiday. Regular full-time employees whose regular day off falls on a Town-designated holiday may receive pay for the holiday or, subject to Department Head approval, may elect to take a paid day off at a later time. Employees will receive holiday pay based on the number of hours they are scheduled to work on the day they take off. Each department is responsible for documenting saved holidays and when holidays are taken on the employee’s timesheet before submitting the timesheet to payroll for processing. Page 50 of 72 Town of Westlake Personnel Manual – Revised August 28,2017 Regular full-time and regular part-time employees who are scheduled to work on a Town- designated holiday will receive pay for the hours worked on the holiday plus holiday pay for the number of hours they are scheduled to work. Based on department operations and subject to Department Head approval, employees may elect to save their holiday and take a paid day off at a later time. Employees will receive pay for the saved holiday based on the number of hours they are scheduled to work on the day they take off. Each department is responsible for tracking saved holidays and when holidays are taken. To receive holiday pay, employees must be in pay status on their scheduled workday preceding and following the designated holiday. If a designated holiday falls during an eligible employee’s paid absence (i.e., vacation, sick leave), holiday pay shall take precedence and the leave period shall not be extended because of the holiday. Fire/EMS personnel are permitted to bank unused holiday time. The maximum threshold in an employee’s holiday bank is 528 hours, equivalent to two (2) years of holiday time. Any unused holiday time above this threshold will be forfeited on October 1st when new holiday time is credited to the employee’s bank. In addition to a floating personal holiday, the Town shall observe eleven (11) official holidays per year, which include the following: Thanksgiving Day in November Friday after Thanksgiving in November Christmas Eve, December 24th Christmas Day, December 25th New Year’s Day, January 1st Martin Luther King, Jr. Day in January President’s Day in February Good Friday in March/April Memorial Day in May Independence Day, July 4th Labor Day, 1st Monday of September Personal Leave Day (floating holiday): Regular full-time, regular part-time, and probationary/introductory employees are eligible to use their Personal Leave Day upon commencing employment and must use it before their first anniversary date. Payment shall be made for the Personal Leave Day upon separation, retirement, or death of the employee if not taken during the year, providing that the employee has not been discharged as a result of criminal or civil misconduct involving Town property, personnel, or official position. If employment lasts less than six months, no payment will be made for the floating holiday and will be deducted from the employee’s last check if used. 7.02 Insurance Benefits (Dental, Medical, Life) Dental, medical, and life insurance is provided by the Town of Westlake for all regular full-time employees who work at least thirty (30) hours per week. Insurance coverage is effective the first day of the month following the employee’s first day of employment. Dependent coverage is available to all employees. The Town of Westlake will contribute 50% toward the premiums for dependent coverage. Should an employee elect to carry insurance on a dependent, the employee must sign a salary reduction agreement with the Human Resources Office to Page 51 of 72 Town of Westlake Personnel Manual – Revised August 28,2017 reimburse the Town for the premiums incurred. Pre-tax deductions are allowable under the guidelines of the IRS section 125. The Town provides all regular full-time employees with comprehensive life insurance, plus accidental death and long-term disability coverage, at no charge to the employee. The policy’s value is at the rate of one (1) year’s annual salary of the employee. Life insurance is effective 90 days following the employee’s date of hire and is discontinued upon termination of employment. Part-time employees may elect to purchase this coverage at the group rate. In the event of an employee’s death, an additional life insurance benefit is paid through the Texas Municipal Retirement System, equivalent to the total compensation received by the employee in the last twelve months. 7.03 Other Insurance Coverage 7.03.01 Workers’ Compensation All active employees are also afforded coverage under Workers’ Compensation. This compensation will pay, on behalf of the employee, medical expenses incurred as a result of an accident or injury while on the job and in the pursuit of that employee’s duties. In addition, this coverage also affords the employees of the Town of Westlake weekly indemnity loss of wages or benefits as a result of the aforementioned accident or injury as prescribed by State law. All injuries will be immediately reported to the supervisor and statutory Workers’ Compensation procedures will be followed. 7.03.02 Public Officials Liability The Town of Westlake provides Public Officials Liability protection for all full-time active employees during administration of said employee’s duties. This coverage applies to any and all commissions, boards, authority, and administrative departments operating on behalf of the Town of Westlake, which include, but are not limited to, all duly elected and appointed officials and members of the governing body of the Town of Westlake. 7.03.03 Automobile Liability The Town of Westlake provides automobile liability coverage for all of its owned vehicles. In addition, Town employees are named as additional insured persons on this policy to afford liability protection for them as well as the Town of Westlake while they are acting within the course and scope of their duties. NOTE: ALL BODILY INJURY AND PROPERTY DAMAGE LOSSES WITHIN THE TOWN OF WESTLAKE WILL BE IMMEDIATELY REPORTED TO THE TOWN MANAGER. Page 52 of 72 Town of Westlake Personnel Manual – Revised August 28,2017 7.04 Retirement 7.04.01 Texas Municipal Retirement System (TMRS) All regular full-time and probationary employees automatically become members of the Texas Municipal Retirement System. Eligible employees contribute seven (7) percent of their salaries to the retirement fund through payroll deduction. The Town of Westlake contributes a percentage of funds to provide the employee a 2:1 match. The Town of Westlake has a five (5) year vesting requirement. Participating employees do not have access to retirement funds. Employees have the option upon termination to withdraw their contributions plus interest. A participant never has the option of drawing the Town’s match; it may only be attained through one of the retirement plan options after meeting age and tenure requirements. Employees may be eligible for disability retirement benefits if the employee becomes disabled to the extent that he or she can no longer perform the essential duties of the position and if the disability is likely to be permanent. No minimum length of service or age requirements is necessary to be eligible for Occupational Disability Retirement Benefits. 7.04.02 Social Security All Town of Westlake employees are covered under Social Security. Contributions to the Social Security System are shared jointly by the employee and the Town. 7.05 Payroll Deductions The Town of Westlake offers all benefit programs required by law. Eligible employees may voluntarily authorize deductions from their paychecks to participate in approved programs designed to benefit all employees equally. The law requires that certain deductions be made from the employee’s paycheck, including income taxes, contribution to TMRS, Social Security, and Medicare. Regular full-time, part-time, and probationary/introductory employees may authorize contributions to approved programs. Eligible employees may participate in any or all of the following programs under the Section 125 cafeteria Plan: • dependent health insurance • dependent dental insurance • medical flexible spending accounts • child care flexible spending accounts Page 53 of 72 Town of Westlake Personnel Manual – Revised August 28,2017 Participation in the Section 125 Cafeteria Plan must be made during the Open Enrollment Period and cannot be changed unless the employee experiences an IRS-qualified event. More information regarding the Cafeteria Plan is available at the Human Resources Office. 7.06 TMRS Supplemental Death Benefit The Town of Westlake has chosen to offer Supplemental Death Benefits for members and retirees. Survivors of active employees receive an additional benefit approximately equal to the employee's annual salary. If death occurs after retirement, the Supplemental Death program pays a lump sum of $7,500 to the employee’s beneficiary. Upon death, an employee’s beneficiary or estate is guaranteed to receive at least a refund of the remaining member deposits and interest. If the employee is vested at the time of death, their beneficiary may also be eligible for a monthly payment. If death occurs after retirement, the monthly payment a beneficiary receives will be based on the retirement option that the employee has chosen. 7.07 Deferred Compensation (457 Plan) The Town of Westlake makes available to its employees a deferred compensation program administered through the International City Manager’s Association-Retirement Corporation (ICMA-RC). Most employees may participate in this program. Maximum annual contributions are determined on an annual basis by the Treasury Department. Employees considering this benefit should contact the Human Resources Department for additional information. 7.08 Internal Revenue Code, Section 125 (Cafeteria Plan) This plan is authorized under Section 125 of the Internal Revenue Code (IRC) and has been approved and adopted by the Town Council as an employee benefit. This plan allows employees to pay three (3) separate classes of expenses with pretax dollars: insurance premiums, unreimbursed medical/dental expenses, and authorized child-care expenses. With this Plan, employees may apply part of their salary, before it is taxed, to the cost of the available Benefits that are selected. Employees must make their selection before their effective date of participation. The Plan Year begins on January 1st and ends on December 31st of each year. Employees must enroll during the Open Enrollment period each December. New employees must determine their participation in the Plan within 30 days of the date of hire (see Forms Appendix). For detailed information about the Cafeteria Plan, contact the Human Resources Office. 7.09 Car Allowance and Mileage Reimbursement The Town of Westlake provides car allowances to reimburse employees required to use personal vehicles extensively for Town-related business. For some employees at a manager Page 54 of 72 Town of Westlake Personnel Manual – Revised August 28,2017 level and above, a car allowance may be set above the reimbursement level as a part of the employee’s total compensation package. The use of mileage reimbursement is to reimburse employees who are required to use personal vehicles occasionally for Town-related business. The reimbursement rate will remain consistent with the IRS approved rate. In order to receive a mileage reimbursement, employees are required to document the miles driven and purpose on an expense report. The expense report must be approved by the Department Head and forwarded to accounting for processing. Reimbursement checks will only be issued during the normal bi-monthly check run cycle. 7.10 Taxable Fringe Benefits Any taxable fringe benefit (as defined by the IRS regulations) received by an employee will be reported on the employee’s annual W-2 statement each calendar year. 7.11 Use Westlake Public Facilities Employees are encouraged to utilize the Town’s public facilities for recreation and personal fitness. Usage of the gymnasium is limited to periods of non-usage by Westlake Academy. Any organized team sports should be coordinated though the Director of Facilities and Recreation and will be limited to “open” hours. 7.12 Enrollment in Westlake Academy A student whose parent or legal guardian is employed by the Town of Westlake or the Westlake Academy will be eligible for admission on a space available basis after all students of Westlake residents are admitted. Continued enrollment in the Academy is contingent on employment status. For full disclosure of admission guidelines and procedures, please reference the Westlake Academy Admissions Policy, available in the school office. Section 8: Leave and Absences 8.01 Vacation Regular employees completing six (6) months of service will have one (1) week of vacation placed in their vacation bank. This vacation is actually earned between 6 and 12 months of service. For the convenience of the employee, this one week of vacation will be available for the employee to use at the beginning of the eligible period. Fire/EMS Personnel accrue three (3) shifts of vacation after completing six (6) months of service. On the employee’s first anniversary date, the employee will be given an additional five (5) shifts of vacation. Although earned vacation time accrues throughout the year, the full annual amount is made available to each employee at the beginning of the year. Page 55 of 72 Town of Westlake Personnel Manual – Revised August 28,2017 All employees may carry over two (2) years of accrued, earned vacation on their anniversary date. Vacation banks may have a maximum balance of three (3) years of available vacation. As vacation time is added to the employee’s bank on their anniversary date, any unused vacation above the maximum amount will be forfeited by the employee unless mandatory work schedules prevent any vacation from being taken. If an employee terminates employment having used more vacation leave than what has earned, the cost of those unearned leave days will be taken from the final paycheck at the employee’s normal hourly rate. All regular part-time employees who move to regular full-time employment status shall earn vacation accruals according to the same schedule as any other new full-time employee. Vacation that is earned and unused upon termination is payable at the employee’s regular hourly rate. Vacation leave will apply only for time during which the employee would ordinarily have worked. Employees being transferred, promoted, or demoted shall retain their current accrued vacation and accrual rate. Vacation leave shall not be advanced to employees, nor is it transferable between employees. Official holidays occurring during a vacation shall not be charged to vacation leave. All regular eligible employees shall accrue vacation leave at the following rates: After 6 months of service 1 week 1-5 years service 2 weeks per year Over 5 years service 3 weeks per year Over 10 years of service 4 weeks per year Fire/EMS Personnel shall accrue vacation leave at the following rates: After 6 months 3 shifts 1-5 years service 5 shifts per year Over 5 years service 7 shifts per year Over 10 years of service 10 shifts per year Regular employees completing six (6) months of service will have one (1) week of vacation placed in their vacation bank. This vacation is actually earned between 6 and 12 months of service. For the convenience of the employee, this one week of vacation will be available for the employee to use at the beginning of the eligible period. On the employee’s first anniversary date, the employee will be given an additional two (2) weeks of vacation to use before their second anniversary date. An employee’s vacation bank may hold a maximum of two (2) year’s unused, earned vacation (carryover) in addition to one (1) year of vacation added on the employee’s anniversary date. Vacation time added on each employee’s anniversary date is actually earned throughout the year. Fire/EMS Personnel accrue three (3) shifts of vacation after completing six (6) months of service. On the employee’s first anniversary date, the employee will be given an additional five (5) shifts of vacation. Fire/EMS personnel may bank may hold a maximum of two (2) year’s unused, earned vacation (carryover) in addition to one (1) year of vacation added on Page 56 of 72 Town of Westlake Personnel Manual – Revised August 28,2017 the employee’s anniversary date. Vacation time added on each employee’s anniversary date is actually earned throughout the year. Any unused vacation above this amount will be forfeited by the employee unless mandatory work schedules prevent any vacation from being taken. Although earned vacation time accrues throughout the year, the full annual amount is made available to each employee at the beginning of the year. If an employee terminates employment having used more vacation leave than what has accrued for the year, the cost of those unearned leave days will be taken from the final paycheck at the employee’s normal hourly rate. All regular part-time employees who move to regular full-time employment status shall earn vacation accruals according to the same schedule as any other new full-time employee. Vacation that is earned and unused upon termination is payable at the employee’s regular hourly rate. 8.02 Sick Leave The Town of Westlake provides paid sick leave benefits to eligible regular full-time and regular part-time employees for periods of temporary absence due to illness, non-job-related injury, serious health condition, or health fitness impairment to include the birth of the employee’s child. If unable to report to work due to illness, injury, serious health condition, or health fitness impairment to include the birth of the employee’s child, probationary, seasonal, and casual employees must contact their supervisor before the start of each scheduled work day/shift or as soon thereafter as practical to report the reason for their absence. However, probationary, seasonal, and temporary employees will not receive paid sick leave benefits. All time missed from work due to Sick Leave should be documented on an Employee Absence Form (see Forms Appendix). The form should be approved by the Department Head and forwarded to the Payroll Department for processing. Fire/EMS employees may document sick time usage on the employee timesheet. No employee is eligible to receive paid sick leave benefits until after six months of employment, unless approved by the Town Manager. An eligible employee may use sick leave for an injury, illness, serious health condition sustained by the employee or by a family member who resides in the employee’s household, or for a health fitness impairment to include the birth of the employee’s child. All regular full-time and regular part-time employees who are unable to report to work due to illness, non-job-related injury, serious health condition, or health fitness impairment to include the birth of the employee’s child, and who desire to receive paid sick leave benefits must notify their supervisor before the start of each scheduled work day/shift or as soon thereafter as practical. Page 57 of 72 Town of Westlake Personnel Manual – Revised August 28,2017 A physician’s statement is normally not required unless an employee is absent for more than three (3) consecutive work days (or one 24-hour shift for Fire/EMS personnel), working an intermittent schedule or a reduced schedule meeting FMLA criteria, or if a statement is not requested by the supervisor. When sick leave abuse is suspected, supervisors may require a physician’s statement for any sick leave absence. The physician’s statement should indicate the following:  Date the medical condition began and the probable duration;  Estimate of time the employee will be unable to perform work of any kind, or whether it is necessary to take intermittent leave or work a reduced schedule (part- time) and the duration of such schedules;  If the employee is needed to care for the family member residing in the employee’s household and the duration of the leave. Sick leave benefits are calculated on the employee’s base pay rate at the time of absence and will not include any special types of compensation. Any employee who requests sick leave pay while performing outside work for compensation shall be deemed to be in conflict with the intent of this benefit and the employee shall be subject to the loss of the paid sick leave time (in accordance with the Fair Labor Standards Act regarding the docking of pay for exempt employees) and subject to appropriate disciplinary action. Sick leave benefits shall not apply in incidents caused by willful misconduct, purposely self- inflicted, while on leave without pay, absence without leave, or result of other employment. Sick leave benefits for eligible employees shall accrue as follows: After 6 months of service 1 week 1-5 years service 2 weeks per year Over 5 years service 3 weeks per year Over 10 years of service 4 weeks per year Fire/EMS Personnel shall accrue sick leave at the following rates: After 6 months of service 3 shifts 1-5 years service 5 shifts per year Over 5 years service 7 shifts per year Over 10 years of service 10 shifts per year Maximum accrual totals shall be as follows: Fire/EMS Personnel on 24-hour shifts 60 shifts All other employees 60 days During the initial probationary/introductory period, exempt employees may be subject to a pay reduction for time not worked because sick leave accruals are not available. Reductions to pay will only be made for full workday absences, not for absences for a portion of the employee’s regular workday. This reduction will not affect the employee’s FLSA exempt status. Payment shall be made for accruals of unused earned sick leave upon retirement or death of the employee. Under this policy, retirement is defined as termination initiated by the employee who has fulfilled the age and years of service requirements under TMRS. Payment is contingent provided the employee has completed twelve (12) months of employment with Page 58 of 72 Town of Westlake Personnel Manual – Revised August 28,2017 the Town and has not been discharged as a result of criminal or civil misconduct involving Town property, personnel, or official position. Payment of unused sick leave in other circumstances is to be made only if approved in advance by the Town Manager. 8.03 Community Sick Leave Bank The purpose of the Town of Westlake Community Sick Leave Program is to provide additional sick leave days to employees in the event of catastrophic illness, surgery, or temporary disability due to an injury. Days may be requested only after the employee has exhausted all accumulated sick, vacation, and personal leave as well as any comp time banked by non- exempt employees. Should there be a catastrophic illness or injury of the member, or of a person in the member’s immediate family (as defined in the policy), necessitating the need for additional days after all accumulated sick leave, personal, vacation and comp time days (if applicable) have been used, the member may submit a request for days to the Human Resources Department. Pregnancy and maternity leave will be covered by the Bank only in the event that a catastrophic illness or injury occurs due to complications. The Human Resources Department will solicit the donation of sick days from other Town employees. Days which have been donated by will then be made available to the employee. The identities all employees will remain confidential. The Community Sick Leave Policy document shall govern all procedures of the program and will be distributed to all employees upon hire. Copies of this policy are also available in the Human Resources Department. 8.04 Bereavement Leave The Town of Westlake may grant time off to eligible employees due to the death of an immediate family member. All regular full-time, part-time, and probationary/introductory employees may be granted up to three (3) working days off with pay per occurrence and not more than twice in one calendar year. Fire/EMS Personnel are eligible for up to one (1) shift off with pay per occurrence and not more than twice in one calendar year. Bereavement pay is calculated on the base pay rate at the time of the absence and does not include any special types of compensation. Approval of bereavement leave will occur unless there are unusual operating requirements. An employee may request to use vacation leave for additional time off as necessary. Immediate family shall include the employee’s spouse, parents, brothers/sisters, children, grandparents, grandchildren, brothers/sisters-in-law, sons/daughters-in-law, spouse’s parents, stepchildren, and any individual residing in the same household with the employee. Page 59 of 72 Town of Westlake Personnel Manual – Revised August 28,2017 8.05 Military Leave Leave of absence without pay will be granted to any employee who enters any branch of the United States Armed Forces. Benefit accruals for any employee serving on active duty longer than thirty (30) consecutive days will be calculated in accordance with applicable federal laws. Employees will be reinstated with full seniority to their former position or to a comparable position if application for re-employment is made within ninety (90) calendar days of the date of discharge or release from hospitalization following discharge. In accordance with Article 5765, Section 7 (a) VTCS, an employee engaged in authorized military training or duty will receive pay and benefits for up to fifteen days in any one (1) calendar year. A leave of absence for maternity reasons will be recorded and treated as any other medical leave. Pregnant employees will be expected to work as the physician indicates that the employee is capable of performing her job duties safely and satisfactorily. Maternity leave will be facilitated in accordance with the guidelines of FMLA. 8.06 Personal Leave In accordance with the guidelines set forth in this policy, the Town of Westlake may provide unpaid personal leave to regular full-time and regular part-time employees who wish to take time off from work duties to fulfill personal needs or obligations. The need for time off must exceed two (2) consecutive calendar weeks, and vacation accruals, compensatory time and personal holiday(s) pay must be exhausted prior to beginning a personal leave. If the need for personal leave is the result of the illness of an immediate family member as defined in the Sick Leave policy, a dependent, or due to the health fitness impairment of the employee, the above mentioned accruals must be exhausted in addition to sick leave hours prior to beginning a personal leave. Employee must submit a written request, which contains the start date and length, not to exceed one hundred eighty (180) calendar days, to the Town Manager. Requests for personal leave will be evaluated on a number of factors, which include operational requirements and staffing considerations during the proposed period of absence. An extension not to exceed one-hundred eighty (180) calendar days may be authorized by the Town Manager. 8.07 Witness/Jury Duty Employees of the Town of Westlake will normally be granted paid time off for travel and jury duty or court testimony on behalf of the Town of Westlake. Employees will be paid their base rate while on court duty. Employees may use vacation or compensatory time to receive compensation for any portion of the absence that would otherwise be unpaid, such as personal business or interest. If the employee is serving as a witness for a job-related event, he or she will receive paid time off for the entire period of witness duty. Page 60 of 72 Town of Westlake Personnel Manual – Revised August 28,2017 The subpoena will be shown to the employee’s supervisor immediately after it is received so that operating and schedule adjustments can be made to accommodate the absence. Employees will report back to work whenever the court schedule permits. 8.08 Paid leave for non-exempt employees Paid leave time for non-exempt (hourly) employees is designed as compensation for normally scheduled work hours missed. At no time will paid leave time (sick, vacation, bereavement, etc.) result in an employee being paid more than 40 hours per week. Example: If Jill works 36 hours from Monday through Thursday, and wishes to take a vacation day on Friday, she will still receive pay for 40 hours. 36 regular hours 4 vacation hours (deducted from vacation bank) 40 hours total By virtue of working some overtime during the first four days, Jill uses only 4 hours of vacation time on Friday instead of eight. The other 4 hours remain in her vacation back to use at a later time. Example: If Ralph works 30 hours from Monday through Wednesday, and needs bereavement pay for Thursday and Friday, he will still receive pay for 40 hours. 30 regular hours 10 bereavement hours 40 hours total As in the previous example, Ralph’s paid leave replaces hours he would have normally worked. Section 9: Corrective Action, Appeals, and Grievances 9.01 Disciplinary Actions The following are examples of the various types of disciplinary actions that can be taken. The list is non-inclusive and is not mandatory. Verbal Counseling Best suited for a minor rule infraction or incident of substandard performance. Supervisor should explain exactly what the employee did wrong and why it is important that the behavior not be repeated. Written record of Verbal Counseling - Best suited for a minor rule infractions or incidents previously addressed by verbal counseling, or for matters that do just fully justify a written reprimand. Included in the written record of verbal counseling should be a statement of what violation(s) occurred, what changes in behavior are expected, and the potential disciplinary actions that may result for future infractions or substandard performance. Both the employee Page 61 of 72 Town of Westlake Personnel Manual – Revised August 28,2017 and the supervisor should sign the form. The original will be given to the employee, and a copy will be sent to Human Resources and placed in the employee’s personnel file. Written Reprimand - The written reprimand is used as a formal warning of suspension or termination should the violation reoccur (see Forms Appendix). Included in the written reprimand should be a statement of what violation(s) occurred, what changes in behavior are expected, and the potential disciplinary actions that may result for future infractions or substandard performance. Both the employee and the supervisor should sign the form. The original will be given to the employee, and a copy will be sent to Human Resources and placed in the employee’s personnel file. Denial of a Merit Increase - A Department Head may authorize denial of any scheduled merit increase as a disciplinary measure, providing the incident requires such extreme measures. The employee should be given written counseling or a performance evaluation explaining the reasons for the denial and outlining procedures for correction of the problem. The form should also include a date upon which the employee will be re-evaluated to determine if the employee will be retained as a Town employee. The time frame should not be less than thirty (30) days and not more than ninety (90) days. The Town Manager should be notified of this action. Suspension Without Pay - To ensure consistency throughout the Town in regard to Town policies, suspension recommendations shall be submitted to the Town Manager. An employee may be suspended without pay during the tenure of disciplinary action. Employees should be given a written notice of the reasons for the suspension, the seriousness of the offense, and informed that the alternatives upon return to work are either immediate improvement or termination. All suspensions shall be documented and signed by all parties involved: the employee, supervisor, and Department Head. Disciplinary Probation - The purpose of this step is to allow the employee a stated period of time to demonstrate improvement on a specific problem(s) specified at the time the employee is placed on disciplinary probation. A statement of the problem, indication of necessary improvement, length of the probation period, and information concerning further disciplinary action that could result from failure to show improvement must be particularly emphasized. Disciplinary probation is not appropriate for newly hired employees still in the probationary/introductory period. Disciplinary probation shall not exceed one-hundred and eighty (180) calendar days in duration. No merit increases, transfers, or promotions will be authorized during a disciplinary probation period, and raises, transfers, or promotions will not be paid retroactive once the probationary period has ended. Once the probationary period has ended the employee will not be eligible for a merit increase until the next annual performance evaluation and an acceptable evaluation. Suspension During Civil or Criminal Proceedings - During an investigation, hearing, or trial of an employee on any civil cause or criminal charge, the employee may be suspended either with or without pay for the duration of the proceedings whenever the suspension would be in the best interest of the Town. The suspension shall terminate either by resignation or dismissal of the employee, or by reinstatement with full recovery of all pay and other benefits lost during the period of suspension, or by other appropriate action. Page 62 of 72 Town of Westlake Personnel Manual – Revised August 28,2017 Demotion - A Department Head may demote an employee for disregarding or a violation of personnel rules or policies, or for repeated refusal or inability to improve performance. Demotions may be either permanent or for a predetermined specific period of time and may be used in conjunction with a disciplinary probation. Disciplinary demotions will be accompanied by a reduction in salary, if appropriate. Employees shall be given written notice of the reason(s) for, and duration of, the demotion; and in the case of a temporary demotion, the action required for the employee to be reinstated in his/her former position. Documentation will be signed and retained by both parties. Any demotion must be processed through Human Resources for final approval by the Town Manager. Dismissal Prior to termination, the Department Head initiating the termination should give an employee, who has completed his/her probation period, written notice of the reason(s) for termination. The written notice should state the reason(s) for the termination in sufficient detail. 9.02 Acts Constituting Disciplinary Action Disciplinary action may be taken against an employee for act(s) constituting unsatisfactory behavior or conduct relative to inadequate job performance and fitness for public employment. These acts include, but are not limited to the following: • Insubordination • Absence without leave, job abandonment, including failure to notify a supervisor of sick leave • Repeated tardiness or early departure • Endangering the safety of other persons through negligent or willful acts • Intoxication or drug abuse while on duty • Unauthorized use of public funds or property • Conviction of a felony • Falsification of documents or records • Unauthorized use of official information or unauthorized disclosure of confidential information • Conviction of official misconduct • Unauthorized or abusive use of official authority • Incompetence or neglect of duty • Engaging in outside employment that interferes with the performance of duties for the Town • Any other action that impairs the performance of others • Possession of an illegal or prohibited weapon on Town premises • Threatening/fighting with fellow employees • Fraudulent timekeeping • Gross safety rules/practices violations • Positive drug test • Theft • Unauthorized use of telephones, mail system, or other Town-owned equipment • Use of tobacco products • Sexual or other unlawful harassment • Violation of any of the provisions of this Handbook Page 63 of 72 Town of Westlake Personnel Manual – Revised August 28,2017 9.03 Employee Complaint and Grievance Policy In the interest of employee efficiency and morale, Town employees shall have the opportunity to discuss complaints and grievances with their employer after decisions are made which give rise to complaint or grievance. In order to ensure this opportunity, the following shall apply: PURPOSE - The purpose of this procedure shall be to settle matters on as low an administrative level as possible, as soon as possible after the applicable event, and to discover, whenever possible, mutually satisfactory solutions to problems which arise. COMPLAINT AND GRIEVANCE DEFINED - A "complaint" is an allegation that an employee's nonspecific employment conditions have been adversely affected. A "grievance" is an allegation that rights or benefits specifically provided by law, policy, personnel rule, or previous employer action (such as overtime pay, fringe benefit, or pay rate) has been denied or misapplied. PROBATIONARY AND TEMPORARY EMPLOYEES - Probationary and temporary employees may use this procedure, except in cases involving their performance evaluation or discharge. However, in cases where the employee considers performance evaluation or discharge to be improperly based upon the employee's age, sex, race, religion, national origin, or handicap condition, the employee shall have the right to such relief pursuant to (D) below. UNLAWFUL DISCRIMINATION COMPLAINT - Any employee who feels that he or she has been unlawfully discriminated against in matters relating to working conditions or other conditions of employment, solely because of the employee's age, sex, race, religion, national origin, or handicap condition shall have the right to file an equal employment opportunity (EEO) complaint directly with the Town Manager, as set out under the Town’s EEO Discrimination Complaint Procedure. Procedure The following procedure shall be followed in the event an employee desires to present a complaint or grievance. A. TIMELY INITIATION OF - Complaints and grievances shall be filed promptly after complained of events occur. With the exception of EEO complaints, including complaints of sexual harassment, matters under this procedure must be presented to the employee's immediate supervisor within five (5) working days from the occurrence of the challenged action, or from the time the employee first became aware (or with the exercise of reasonable diligence should have become aware) of its occurrence, in order to be considered. B. PROCEDURAL STEPS - To be considered, the procedural steps listed below must be followed after the challenged action had occurred. 1. First Step: Oral Presentation. All complaints and grievances other than EEO complaints shall be initially presented orally to the employee's immediate supervisor. (EEO complaints are to be taken directly to the Town Manager.) In this first step, the complaint or grievance shall be thoroughly discussed by the parties in order that Page 64 of 72 Town of Westlake Personnel Manual – Revised August 28,2017 every effort can be made to resolve the matter to the mutual satisfaction of employee and supervisor. Should this informal first step be considered unsatisfactory, the employee shall have the right to then file a formal written complaint or grievance as set out in the second step to this procedure, in B 2 below. 2. Second Step: Written Presentation. If the oral presentation as provided for in the first step fails to resolve the matter, the employee shall have the right, within five (5) working days after the discussion with the immediate supervisor, to file a formal written complaint or grievance with the employee's department head. In presenting the written complaint or grievance the following information must be stated within reasonable clearness:  the nature of the matter  the act or acts of commission or omission out of which the dispute arose  the exact date (if uncertain, the approximate date) of the act or acts of commission or omission  the identity of the employee who claims to be harmed  the identity of the party or parties alleged to have caused the problem  the remedy which is sought. Within five (5) working days of receipt of the written complaint or grievance, the department head shall meet with the employee and the employee's immediate supervisor to discuss the matter. In the effort to resolve the matter, the complaint or grievance at this step shall be thoroughly discussed by all parties involved. The decision by the department head, whether reached during this discussion or afterward, shall be presented in writing to the employee within five (5) working days after the meeting. (i) Complaints Only: Complaints shall not be submitted to any further appeal under this procedure beyond this step. However, the written record of each complaint submitted under this procedure shall be submitted to the Town Manager for review. The Town Manager reserves the right to consider any complaint submitted. (ii) (ii) Grievance Matters Only. Should the decision of the department head be unsatisfactory to the aggrieved employee, the employee may, within five (5) working days after receipt of the decision, appeal the decision to the Town Manager as set out below. 3. Appeal to the Town Manager. Within ten (10) working days of the receipt of a request for a hearing under B 2 (ii) above, the Town Manager shall notify the aggrieved employee and the employee's department head as to whether or not the request shall be granted. Should the Town Manager decide not to hear the grievance on appeal, the decision of the department head shall be final. Should the Town Manager agree to hear the grievance on appeal, the Town Manager shall schedule a meeting with all parties to discuss the grievance. The decision of the Town Manager, whether reached during the meeting or afterward, shall be presented in writing to each of the involved parties within ten (10) working days of the meeting. At the sole discretion of the Town Manager, this time period may be extended, and notice of the extension is given to all parties. The decision of the Town Manager shall be final. Page 65 of 72 Town of Westlake Personnel Manual – Revised August 28,2017 C. COMPLAINT OR GRIEVANCE AGAINST DEPARTMENT HEAD - In the event that an employee's immediate supervisor is the employee's department head, the written complaint or grievance as set out in B 2 above may be presented directly to the Town Manager. D. FAILURE TO FOLLOW PROCEDURES - Failure of an employee to follow the procedures set out above, or failure to appear at a hearing, shall result in the loss of further appeal rights by the employee. Provided, however, that the time limits as specified under these procedures may be extended by mutual agreement of the complainant/aggrieved employee and the Town Manager. Section 10: Performance Evaluations 10.01 Performance Evaluations Performance evaluations permit the supervisor and the employee to discuss the job responsibilities, standards, performance requirements, and any existing or anticipated problems. Using a standardized performance evaluation instrument, all employees will be evaluated not less than once per year. Supervisors should conduct reviews on or around the employee’s anniversary date. Employees may be evaluated more frequently at the discretion of the Department Head. 10.02 Purpose It is the intent of the Town of Westlake to conduct formal evaluations of each employee's job performance. Performance evaluation assists with the measurement of past performance over a specified time period. The objectives of the system include the recognition of employee accomplishments and good work, the strengthening of supervisor/employee relationships, the provision of information to employees as to their supervisor's expectations and judgment of work performance, the assessment of training needs, and the guidance of personnel actions with regard to pay increases, promotions, demotions, transfers, disciplinary actions, and layoffs. This policy applies to full-time regular employees only. 10.03 Pending Investigations If any employee is under investigation for alleged policy violations when he or she is due a performance review, the review and any subsequent increase may be delayed until the investigation is resolved. 10.04 Skill/Standards rating plans The Human Resource Department and/or Department Heads may determine that certain positions progress through an existing pay grade by successful demonstration of skill blocks. Page 66 of 72 Town of Westlake Personnel Manual – Revised August 28,2017 Reviews will be conducted on a schedule to be determined by the Department Heads to assess if an employee has successfully demonstrated mastery of the prescribed objectives. Pay increases will be linked directly to the completion of prescribed objectives and overall work performance. If an employee is deficient in one or more skill areas, he or she will not be eligible for an increase until he has demonstrated mastery of that area. If the employee receives an overall rating that does not meet standards, he or she will be placed on a Performance Improvement Plan. 10.05 Performance Evaluation Appeal Guidelines If you believe you have received an unfair or incorrect performance evaluation, you should first discuss the evaluation with your supervisor during the initial evaluation interview. You may make written comments on the evaluation form as to the reason the evaluation is unfair or incorrect. Your written comments shall become part of your personnel file. Remember that signing your evaluation does not indicate your agreement with the review, only that you have received it. If you remain dissatisfied with your evaluation and wish to initiate a formal complaint, you may do so in writing to the Town Manager. However, performance evaluations may not be appealed under the Town’s Grievance Policy. All responses or remedies offered for written complaints will be at the sole discretion of the Town Manager. Section 11: Termination of Employment 11.01 Employment Termination Terminations occur within any organization and for a variety of reasons. The most common conditions under which employment is terminated are: resignation – termination initiated by the employee who chooses to leave the organization voluntarily; the employee should submit, sign, and date a letter of resignation providing two week notice of last date of employment; discharge – termination initiated by the employer; a disciplinary hearing must be scheduled for any regular full-time or benefited part-time employee prior to such action; layoff – termination initiated by the employer for non-disciplinary reasons; no hearing is required; medical – termination initiated by either party when medical reasons prevent the employee from completing the assigned tasks; retirement – termination initiated by the employee who has fulfilled the age and years of service requirements. Page 67 of 72 Town of Westlake Personnel Manual – Revised August 28,2017 The immediate supervisor will complete the Personnel Status Change Form and submit to the Human Resources Department. Town Manager or his designee will schedule and conduct an exit interview with the separating employee on the employee’s last workday or other date as mutually agreed upon. Town Manager shall inform the Human Resources Department that final paycheck may be released to terminating employee after all property such as uniforms, keys, identification cards, purchasing cards, etc. have been returned to the Town. Employee benefits will be affected by termination. All vacation within the maximum allowable and pro-rata longevity is paid on the last paycheck. Continuation of health care coverage is afforded the terminating employee and any spouse or dependents at that individual’s expense via COBRA. 11.02 Health Care Coverage Continuation Town of Westlake employees who are covered by the Town-sponsored health plan have the right to choose the continuation coverage if group health coverage is lost for reasons such as termination, retirement, or reduction in work hours. The spouse of a covered employee has the right to choose continuation coverage if the employee loses group health coverage for any of the following: • death of the employee; • employee’s termination for reasons other than gross misconduct; • divorce or legal separation from employee; or, • employee becomes entitled to Medicare and coverage under the plan terminates. The dependent child of a covered employee has the right to choose continuation coverage under the plan if it is lost due to any of the following reasons: • death of a parent; • employee’s termination for reasons other than gross misconduct; • parents’ divorce or legal separation; • parent becomes entitled to Medicare and coverage under the plan terminates; or, • dependent ceases to be “dependent child” as defined under the plan. The employee or family member has the responsibility to inform the Town of Westlake within sixty (60) days of a divorce, legal separation, or if a child loses dependent status. The Town has the responsibility to notify the health insurance company within thirty (30) days of the employee’s death, termination, retirement, reduction in hours, or entitlement to Medicare. When the Town is notified of an event that will result in a status change, it will notify the affected person within fourteen (14) days of the right to choose continuation coverage. Page 68 of 72 Town of Westlake Personnel Manual – Revised August 28,2017 The person has sixty (60) days from the date of the event to inform the Town that they want continuation coverage. If the person chooses continuation coverage, the Town is required to provide identical coverage to similarly situated employees or family members at the covered individual’s expense. If an employee is terminated or loses coverage due to a reduction in hours, eligible persons will be afforded the opportunity for continued coverage for eighteen (18) months. In all other cases, dependents will be afforded coverage for thirty-six (36) months. An individual’s continuation coverage may be cut short for any of the following reasons: • the Town no longer provides group health coverage; • the premium for continuation coverage is not paid on time; • the covered person becomes insured under another group health plan; or, the covered person is entitled to Medicare. The individual requesting continuation coverage does not have to show proof of insurability. The continuation of coverage for health care is not the same as nor does it include conditions for conversion of life, Accidental Death & Dismemberment, or weekly accident and illness insurance benefits. Insurance coverage and benefit accrual will be suspended during the leave period. Employee will be eligible for continued medical coverage under the COBRA federal regulations. When possible, employees will be returned to their former position. If their position is not available, they will be considered for available comparable positions for which they quality within their department. If no positions are available in their department, they will then be considered for available comparable positions for which they qualify in other departments. Employees returning to work after an absence of more than ten (10) consecutive work days/shifts due to their health fitness impairment shall undergo a drug screen and a physical assessment, if applicable, to ensure that the employee has fully recovered or that reasonable working restrictions are set out to prevent injury. Employees failing to make necessary arrangements to return to work on an agreed upon date prior to the expiration of their leave will be deemed to have resigned. 11.03 Exit Interviews Exit interviews shall be conducted with all terminating employees regardless of the reason for leaving Town employment, length of service, position, or circumstances of separation. The supervisor shall contact Human Resources as soon as an employee turns in a resignation or prior to terminating the employee to establish an exit interview in the Human Resources Department. An exit interview consists of providing information regarding termination of benefits, medical continuation options and costs, retirement for TMRS and optional retirement plans, and an interview regarding employment with the Town of Westlake and in the department(s) the employee worked. The interview information shall be shared with the Department Head, the supervisor, and the Town Manager as deemed necessary. Page 69 of 72 Town of Westlake Personnel Manual – Revised August 28,2017 11.04 Reduction in Work Force The Town of Westlake may be forced to layoff employees due to changes in duties of the organization, lack of work, or lack of funds. When possible, an affected employee will be transferred to a suitable position elsewhere within the organization. In the event a regular full- time employee’s job is eliminated through no fault of his or her own, he or she will receive the equivalent of one week’s pay for each completed year of service with the Town of Westlake. The Town is required to deduct such items as TMRS, Medicare and Federal Income Tax from this severance paycheck. Eligible employees will be afforded the opportunity for continued insurance coverage at their own expense under COBRA. 11.05 Reinstatement In an effort to encourage long-range development and training of it employees, the Town of Westlake provides for reinstatement to vacancies which occur within six (6) months from the date when an employee was laid off due to reduction in work force. The person who separated may be reinstated to the same or similar position provided that the person meets the qualifications. Any employee who is reinstated and has satisfactorily completed his or her six (6) month probationary/introductory period shall be eligible for restoration of accrued sick leave and reconnection of original employment date for the calculation of vacation rates. A person who was a former employee and is rehired under other than one of these provisions or those provided by law shall be classified as a new employee and treated accordingly. Page 70 of 72 Town of Westlake Personnel Manual – Revised August 28,2017 GLOSSARY OF TERMS The words and terms used in these policies shall have the meaning indicated as follows unless the context clearly indicates otherwise. Absence or Absent – Not present during scheduled working hours (including scheduled overtime). Address – The street and number of a residence and the post office box mailing address, if applicable. Anniversary Date – The month and day at which one (1) year or additional year of employment with the Town is attained by an employee. Applicant – A person who has applied for employment with the Town or an employee who has applied for a different position within the Town. Bank – To “bank” a holiday is to save it for later use. Business Day - Due to a variation in work schedules, business day is defined as Monday through Friday, 8:00 a.m. to 5:00 p.m.; official Town holidays do not count towards the number of days allowed. Children – Includes whole, half, step, foster, and adopted relationships. Classification – All jobs, regardless of departmental location, that is sufficiently alike in duties and responsibilities to: 1. Be called by the same descriptive title; 2. Be accorded the same pay scale under like conditions; and 3. Require substantially the same education, experience and skills. Compensatory Time – Time off in lieu of monetary overtime compensation. Date of Hire – The first day an employee begins any employment with the Town in a temporary, part-time, or full-time capacity. Demotion – An assignment of an employee from a position in one classification to a position in another classification having a lower salary and/or less job responsibilities. Department – A major functional unit of Town government established as an administrative department by the Town, i.e. Public Safety, Finance, Public Works, etc. Department Head – A person appointed by the Town Manager who is responsible for the administration of a department of the Town and/or his or her designated representative. Equal Employment Opportunity (EEO) – Discrimination against any person in recruitment, examination, appointment, training, promotion, retention, discipline, or in any other aspect of personnel administration is prohibited because of race, color, sex, national origin, religious opinions or affiliations, age, and/or disability. Employee – Any person employed and paid a salary or wages by the Town, including a person employed on a temporary or part-time basis, not including an independent contractor or member of the Town Council or other Town Board. Page 71 of 72 Town of Westlake Personnel Manual – Revised August 28,2017 Ethics – The discipline dealing with what is good and bad, right or wrong, or with moral duty and obligation. Exempt Employee – Any employee who occupies an executive, administrative, professional, or certain seasonal positions, as defined by the Fair Labor Standards Act (FLSA) and state law who is exempt from overtime pay requirements. Fair Labor Standards Act (FLSA – A federal law, enacted by the United States Congress, which sets minimum wage, overtime pay, equal pay, record keeping, and child labor standards for employees who are covered by the Act and are not exempt from specific provisions. Hours Worked – In general, all time that an employee is required to be on duty and all time during which the employee is working “on-the-job” for the Town. Human Resources Director – For the purpose of this policy shall mean Director of Human Resources or his or her designated representative. Immediate Family – Spouse, son, daughter, father, mother, father-in-law, mother-in-law, brother, sister, grandfather, grandmother, grandchildren, or any other relative of an employee who may be residing in the same household with the employee. Independent Contractor – A private employer or an individual who has contracted to perform a service for the Town. Job - A collection of tasks, duties and responsibilities regularly assigned to and performed by an individual, or individuals when the magnitude of the job is such that one person cannot perform it. The term “position” is synonymous with “job” when one person can perform it. Layoff – A separation of service from the Town because of a shortage of funds or materials, abolition of a position, or other reasons necessary for the proper administration of the affairs of the Town as determined by the Town Manager, and not reflecting discredit upon the employee. Nepotism – Family relationships to the second degree by affinity (marriage) and third degree by consanguinity (blood). Nonexempt – Any employees who do not occupy an executive, administrative or professional position, as defined by FLSA and are eligible for overtime at time and one-half for work over forty hours in one week. Occupational Safety & Health Administration U.S. Department of Labor (OSHA) Old Age Survivor Disability Insurance (OASDI) – Another term for FICA Overtime – Any authorized time worked by a nonexempt employee who exceeds forty hours in one (1) week. The rate of pay is time and one-half for hours over 40 hours in one week. Part-time Employee – A part-time employee works less than 32 hours in one (1) week. Probation – A period of time an employee is required to work in a position before the employee acquires regular employee status and becomes eligible for benefits. Promotion – An assignment of an employee from a position in one classification to a position in another classification having a higher salary and/or increased job responsibilities. Page 72 of 72 Town of Westlake Personnel Manual – Revised August 28,2017 Regular Employee – Any employee working full-time who has satisfactorily completed his or her probationary/introductory period and is not appointed as a temporary employee. Supervisor – Any person responsible for directing the work of others. Suspension – An involuntary discontinuance of performance and pay for a specified period of time. Temporary Employee – Any employee appointed or hired for any of the following: 1. An assignment or job scheduled to last less than seven (7) months; 2. A cooperative work-study program with an educational institution; 3. A seasonal position, in an assignment that does not last for more than seven (7) months; 4. A position that, by Town policy and practice, is intended as a trainee position as provided under the FLSA. Termination – Cessation of employment with the Town. Town – Town of Westlake, Texas. Town Manager – The designated chief executive officer responsible to the Town Council for the administration of all the affairs of the Town, including the appointment, and when necessary for the welfare of the Town, or removal of any employee of the Town. Transfer – A change from one position to another that does not result in a promotion or a demotion. Volunteer – A person who voluntarily performs services for the Town without compensation. Work Day – Any day in which a department is open for business or on which an employee is scheduled to work. Work Day Shift – Shift or shift hours to be established by the Department Head. Work Time – All time on the premises other than before and after work hours, at meal periods, or at break times. Workplace – Any portion of a building, vehicle, or other place where an employee performs a task on behalf of the Town of Westlake. estlake Town Council TYPE OF ACTION Regular Meeting - Consent Westlake Town Council Meeting Monday, August 28, 2017 TOPIC: Consider Approval of a Resolution Authorizing the Participation of the Town of Westlake with Other Texas Cities in the Litigation Challenging Senate Bill 1004 Authorizing Payment of $0.15 per Resident According to the 2010 census; Authorizing an Agreement with Bickerstaff Heath Delgado Acosta LLP for Representation in Said Litigation, and for other Reasonable and Necessary Steps. STAFF CONTACT: Tom Brymer, Town Manager and Cathy Cunningham, Town Attorney Strategic Alignment Vision, Value, Mission Perspective Strategic Theme & Results Outcome Objective Informed & Engaged Citizens / Sense of Community Municipal & Academic Operations High Quality Planning, Design & Development - We are a desirable well planned, high-quality community that is distinguished by exemplary design standards. Increase Transparency, Accessibility & Communications Strategic Initiative Educate Stakeholders about our Development and Environmental Goals Time Line - Start Date: August 28, 2017 Completion Date: TBD Funding Amount: $148.80 Status - Not Funded Source - General Fund EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY) SB 1004 (which will be the new Chapter 284 of the Local Government Code) takes effect on September 1. The legislation has required a revamp of the Town’s right-of-way management ordinance, but it has also limited compensation the Town can receive for use of the public right- of-way within Westlake by network nodes (small cells). The compensation to the Town for this right-of-way usage under SB 1004 is $250 per year. Prior to this legislation, some cities were receiving up to $2500 per year. The State of Texas is receiving more compensation than what the legislature allotted to cities. The attached TML summary notes that this low price is a taxpayer subsidy to the cellular industry, allowing nearly free use of taxpayer owned rights-of- way and facilities. Additionally, it will reduce the useful life of taxpayer owned facilities by requiring attachment of such facilities by unknown contractors, which can cause damage to said facilities. The City of McAllen is planning a challenge to SB 1004. The challenge is based the prohibition in the Texas Constitution prohibiting municipalities from granting gifts (Article III, Section 52). The City of McAllen is looking for coalition partners. If the Council wishes join the Coalition, the cost to join is 15 cents per capita according to the 2010 census. Based on the Town’s 2010 census population of 992 the cost for participation joining this litigation is $148.80. It is a one-time contribution, although if the case goes on to an appeal, it is possible that an additional voluntary contribution may be necessary. Cities joining before the 15th had the option to be named plaintiffs, but there is no cut-off date to join. If the City Council is interested in joining, a Council Resolution authorizing participation in the should be passed. One has been prepared in case it is needed. RECOMMENDATION Staff recommends approval of this resolution authorizing the Town’s joining this coalition. It should be noted that the Town opposed SB 1004 and provided testimony at the House Committee that considered this bill. ATTACHMENTS 1. Resolution; A Resolution joining the city coalition is attached. 2. TML Summary and a litigation packet from the City of McAllen. Resolution 17-32 Page 1 of 2 RESOLUTION NO. 17-32 A RESOLUTION AUTHORIZING THE PARTICIPATION OF THE TOWN OF WESTLAKE WITH OTHER TEXAS CITIES IN THE LITIGATION CHALLENGING SENATE BILL 1004, ALSO KNOWN AS CHAPTER 284 OF THE LOCAL GOVERNMENT CODE, AUTHORIZING FILING OF SAID LAWSUIT, AUTHORIZING PAYMENT OF $0.15 PER RESIDENT ACCORDING TO THE 2010 CENSUS; AUTHORIZING AN AGREEMENT WITH BICKERSTAFF HEATH DELGADO ACOSTA LLP FOR REPRESENTATION IN SAID LITIGATION AND FOR OTHER REASONABLE AND NECESSARY STEPS; AND PROVIDING AN EFFECTIVE DATE WHEREAS, Texas cities are charged with managing the public rights-of-way, WHEREAS, the Town of Westlake holds its public rights-of-way in trust for the citizens of the Town of Westlake WHEREAS, the Texas Constitution Article III, Section 52 provides “Sec. 52 (a) Except as otherwise provided by this section, the Legislature shall have no power to authorize any county, Town, town or other political corporation or subdivision of the State to lend its credit or to grant public money or thing of value in aid of, or to any individual, association or corporation whatsoever, or to become a stockholder in such corporation, association or company” and WHEREAS, Senate Bill 1004 (Chapter 284 of the Local Government Code) provides a payment that is so disproportionately small for the private benefit of the use of the public rights- of-way so as to run afoul of said prohibition in the Texas Constitution; WHEREAS, the Town Council finds that the passage of this Resolution is in the best interest of the citizens of Westlake. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That, all matters stated in the Recitals hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirety. SECTION 2: That the Town of Westlake authorizes the participation in and the filing of a lawsuit challenging Senate Bill 1004, to be codified as Chapter 284 of the Local Government Code; authorizes payment of the fifteen cents per capita fee; authorizes the Town Manager to sign a contract with Bickerstaff Heath Delgado Acosta for representation in said lawsuit and any other reasonable and necessary steps and that this resolution shall take effect immediately from and after its passage. Resolution 17-32 Page 2 of 2 SECTION 3: If any portion of this Resolution shall, for any reason, be declared invalid by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions hereof and the Council hereby determines that it would have adopted this Resolution without the invalid provision. SECTION 4: That this resolution shall become effective from and after its date of passage. PASSED AND APPROVED ON THIS 28TH DAY OF AUGUST 2017. ATTEST: _____________________________ Laura L. Wheat, Mayor ____________________________ ______________________________ Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager APPROVED AS TO FORM: ____________________________ L. Stanton Lowry, Town Attorney ESTLAKE TOWN COUNCIL TYPE OF ACTION Regular Meeting - Consent Monday, August 28, 2017 TOPIC: Consider an ordinance amending Chapter 2 “Administration” updating the Fee and Use schedule for the Town of Westlake. STAFF CONTACT: Ron Ruthven, Planning and Development Director Pat Cooke, Building Official Jarrod Greenwood, Public Works Director Nick Ford, Development Coordinator Strategic Alignment Vision, Value, Mission Perspective Strategic Theme & Results Outcome Objective Mission: Westlake is a unique community blending preservation of our natural environment and viewscapes, while serving our residents and businesess with superior municipal and academic services that are accessible, efficient, cost- effective, & transparent. Citizen, Student & Stakeholder High Quality Planning, Design & Development - We are a desirable well planned, high-quality community that is distinguished by exemplary design standards. Preserve Desirability & Quality of Life Strategic Initiative Update Development Regulations Time Line - Start Date: August 28, 2017 Completion Date: August 28, 2017 Funding Amount: 00.00 Source - N/A EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY) Over the past decade, the Town of Westlake like many of the communities in the DFW Metroplex has seen a large increase in development activities. Westlake has several new subdivisions that are being developed or just about to begin developing. The need to establish an updated fee and use schedule to protect property owners is of the utmost importance. Currently, development fees are somewhat scattered across various ordinances and resolutions and can be difficult to find for both customers and for staff. The new fee schedule intends to combine all fees together into one package through codification into a single section in the Code of Ordinances. This allows for easier understanding for all parties and better clarification of certain fees. The new fee schedule will accomplish the following: • Clarify fees that are arbitrary and ambiguous; • Adjust fees to the current market rates; • Add new fees that have been missing; and • Remove old fees that are obsolete and unnecessary A comprehensive update to the fee and use schedule has not been performed since January 12, 2009 under Resolution 09-03. Residential building permit fees are separated from this resolution under Ordinance 470, which have not been updated since January 24, 2005 either. Additional fees throughout the years have been added such as duct bank, grading, and erosion control fees. Since the passage of the old fees in 2009, Westlake has implemented several new policies such as the Comprehensive Plan. Additionally, Westlake is seeing more developments, and more development that are complex in their features, such as Entrada. The additions of the comprehensive plan and the increasingly complex development requires more staff time to review such items for compliance to Westlake’s standards of development. Moreover, as many fees have not been updated since 2009, these fees have been adjusted with the current rates of neighboring communities such as Southlake, Highland Park, and Keller. However, neighboring communities tend to be more developed and have more established communities than Westlake. Westlake has its own niche market value than that of the surrounding areas and some fees have been adjusted accordingly. With the adjustment of some of these fees, Town staff anticipates an increase in the integrity of plans that are submitted for review. Furthermore, this will help with the enforcement of building standard qualities and compliance with our codes the less reviews that are having to be made. Based on the information above, noticeable changes from the previous fee schedule are listed below: • Changes to Residential Building Permit Fees are being calculated based on square footage at the same cost per square foot which will reduce the arbitrariness found in Ordinance 470; • Addition of Mechanical, Electrical, and Pluming fees for all new construction are calculated into the total building permit based on the square footage of the project; • Pool and Spa permit fees are increasing. Pools are the second most issued permit type behind Residential Building Permits; • Addition of fees for Certificates of Occupancy; • Addition of a Landscape and Architectural review fee for planning and zoning cases; • Addition of an Outdoor Lighting Compliance review fee for planning and zoning cases; • Addition of Engineering Review fees; • Addition of Backflow fees; and • Addition of ROW management fees RECOMMENDATION Staff recommends approval of this ordinance. ATTACHMENTS 1. Ordinance XXX Amending the Fees and Use Schedule 2. Fees and Use Schedule Ordinance 832 Page 1 of 2 TOWN OF WESTLAKE ORDINANCE NO. 832 AN ORDINANCE OF THE TOWN OF WESTLAKE AMENDING CHAPTER 2 TITLED “ADMINISTRATION” BY AMENDING SECTION 2-181; PROVIDING A PENALTY; PROVIDING A CUMULATIVE CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AUTHORIZING PUBLICATION; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the Town of Westlake, Texas is a general law Town; and WHEREAS, the Town of Westlake has had a large increase in development; and WHEREAS, the Town Council of the Town of Westlake finds it necessary for the public health, safety and welfare that development occur in a controlled and orderly manner; and WHEREAS, the last comprehensive update to the Fee Schedule for the Town of Westlake was January 12, 2009. WHEREAS, upon the recommendation of the Town Council of the Town of Westlake, Texas, it is of the opinion that it is in the best interests of the town and its citizens that the amendments to Chapter 2 “Administration” should be approved and adopted. 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 2, “Administration” Article 5 “Finance” Division 2 “Fees and Use Schedule”, amending Sec. 2-181. - Schedule of fees and charges. The fees and use charges authorized by the Town of Westlake are as follows: “Exhibit A”. SECTION 3: That all provisions of Chapter 2 not hereby amended shall remain in full force and effect. SECTION 4: That this Ordinance shall be cumulative of all other Town Ordinances and all other provisions of other Ordinances adopted by the Town which are inconsistent with the terms or provisions of this Ordinance are hereby repealed. SECTION 5: 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 Ordinance 832 Page 2 of 2 Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 6: 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 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 7: This ordinance shall take effect immediately from and after its passage as the law in such case provides. PASSED AND APPROVED ON THIS 28TH DAY OF AUGUST 2017. _____________________________ ATTEST: Laura Wheat, Mayor ____________________________ ______________________________ Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager APPROVED AS TO FORM: ____________________________ L. Stanton Lowry, Town Attorney New Residential/Addition/Accessory Building (SFR/ACC/ADD) Permit Fee*Building Square Footage × $160.00 × .01 New Residential/Addition/Accessory Building (SFR/ACC/ADD) Plan Review Fee*Building Square Footage × $160.00 × .0018 New Residential/Addition/Accessory Building (SFR/ACC/ADD) Inspection Fee*Building Square Footage × $160.00 × .0018 Grading / Excavation Fee $600.00 Residential Fire Review Fee $275.00 Erosion Control Fee $1,500.00 Duct Bank Fee $3,100.00 Residential Remodel Permit Fee See Table 2 Residential Remodel Inspection Fee Remodel (R) Permit Fee × .65 Commercial Permit Fees See Table 1 Commercial Plan Review Fees Commercial Permit Fee × .65 Commercial Fire Review Fees See Table 3 Mechanical Fees See Table 5 Electrical Fees See Table 5 Plumbing Fees See Table 5 General Contractor $250.00 Backflow Tester $250.00 Demolition No fee Electrical No fee Irrigator $250.00 Mechanical $250.00 Plumbing No fee Pool $250.00 Roof $250.00 Sign $250.00 Mechanical 1% of valuation with $200 min Electrical 1% of valuation with $200 min Plumbing 1% of valuation with $200 min Roofing / Re-roofing $200.00 Access Control $200.00 Antenna $400.00 Construction / Sales Trailer $500.00 Demolition $250.00 Drive Approach / Sidewalk / Curb Cut $200.00 Duct Bank $3,100.00 Erosion Control $1,500.00 Fences / Retaining Walls 1% valuation with $200 min Residential Foundation Repair See Table 4 Fountain / Water Feature / Fire Feature $300.00 Grading / Excavating*$600.00 Irrigation / Sprinkler $300.00 Moving (any building on any Town street)$450.00 plus all direct and indirect costs incurred by the Town Miscellaneous Permits 1% of valuation with $200 min Pool / Spa 1% of valuation with $2000 min ROW Construction (excluding franchised utilities)*$600.00 Solar Panels 1% of valuation with $250 min Special Event $250.00 Temporary Electrical Pole $75.00 Tent Permit $200.00 Water Well $1,000.00 Commercial Signs $200.00 Temporary & Construction Signs $100.00 SIGN PERMITS CONTRACTOR REGISTRATION FEES* * Contractors must register with the Town of Westlake every two years *Building square footage includes everything from site and foundation work to the roof structure and coverings, but does not include the price of the land. *Engineering Plan Review Fees may apply in addtion depending on type of construction TOWN OF WESTLAKE FEES AND USE SCHEDULE Updated August 28, 2017 RESIDENTIAL AND COMMERCIAL BUILDING PERMIT FEES SINGLE TRADE PERMITS OTHER PERMIT FEES 1 of 5 Section 2-181 “Schedule of fees and charges” of the Town of Westlake Code of Ordinances, is hereby amended as “Exhibit A”. Ordinance 832 TOWN OF WESTLAKE FEES AND USE SCHEDULE Updated August 28, 2017 Monument / Wayfinding Signs $100.00 Banners $150.00 New Building Inspection Fee Building Square Footage × $160.00 × .0018 Reinspection Fee*$150 after third inspection Inspections not specifically indicated $500.00 New Tenant $200.00 Change of Name $200.00 Change of Owner $200.00 Clean & Show $200.00 Preliminary Site Evaluation $1,800.00 plus $90 per acre, maximum of $36,000.00 Final Plat $900.00 plus $90.00 per acre, maximum of $18,000.00 Minor Plat $900.00 plus $90.00 per acre, maximum of $18,000.00 Replat $900.00 plus $90.00 per acre, maximum of $18,000.00 Amended Plat $900.00 plus $90.00 per acre, maximum of $18,000.00 Plat Vacation $750.00 Zoning Change $1,800.00 plus $90 per acre, maximum of $36,000.00 Site Plan $1,800.00 plus $90 per acre, maximum of $36,000.00 Development Plan $1,800.00 plus $90 per acre, maximum of $36,000.00 Concept Plan $1,800.00 plus $90 per acre, maximum of $36,000.00 Landscape / Architectural Review Fee $1,800.00 plus $90 per acre, maximum of $36,000.00 Outdoor Lighting Compliance Review Fee $1,800.00 plus $90 per acre, maximum of $36,000.00 Approved Site / Development / Concept Plan Amendment(s) $900.00 plus $90.00 per acre, maximum of $18,000.00 Specific Use Permit $2,000.00 Variance Request $1,000.00 Zoning Verification Letter $50.00 Subdivision Name Change See Amended Plat Fee Street Name Change $500.00 plus cost of new street signage Address Change $500.00 Consultants for inspections or plan review utilized for specific specialized projects Actual cost incurred Any revision not specifically listed that goes through legislative approval $500.00 First Review Fees $1000 + $100 per sheet Third and Subsequent Review Fees $750 + $50 per sheet Backflow Tester Registration $250.00 Assembly Registration $25.00 Customer Service Inspection $125.00 Customer Service Reinspection $125.00 Network Cell Node Fee $10 per page, maximum of $500 per State Statute 1. Aboveground Storage Tanks (AGST)$150.00 2. After hour inspections $75.00** FIRE DIVISION PERMIT FEES *For any required inspection (plumbing rough, framing, etc.) a reinspection fee will be assessed after the second failed inspection and every failure thereafter. No inspections will be performed until all reinspection fees are paid. CERTIFICATE OF OCCUPANCY *Fees calculations based on acreage be calculated by rounding up to the next whole acre. *Fees calculations based on acreage be calculated by rounding up to the next whole acre. *Engineering Plans include plans such as grading, drainage, water, sewer, and right-of-way improvements. Costs cover in-house planning review, third party review, and meeting fees. BACKFLOW FEES CONSTRUCTION INSPECTION FEE FOR SUBDIVISION IMPROVEMENTS Construction inspections: The inspection fee will be six percent (6%) of certified construction costs of the land development (including, but not limited to, public and private improvements such as streets and roads, drainage, parking lots, fire water systems, walls, fences, site grading, water features, parks, open space corridors, required landscaping, irrigation, sidewalks, trails, etc., but not including building construction) for subdivisions or re-subdivision. Estimated Inspection fees are to be paid prior to permitting and/or commencement of work on the proposed improvements and the balance based upon certified construction costs prior to acceptance of improvements or issuance of building permits. The construction inspection fee is in addition to any other fees listed herein. PLAT FEES* ZONING FEES* MISCELLANEOUS PLANNING FEES ENGINEERING PLAN REVIEW FEES ROW MANAGEMENT FEES BUILDING INSPECTION FEES* 2 of 5 Section 2-181 “Schedule of fees and charges” of the Town of Westlake Code of Ordinances, is hereby amended as “Exhibit A”. Ordinance 832 TOWN OF WESTLAKE FEES AND USE SCHEDULE Updated August 28, 2017 3. Asbestos removal $100.00 4. Battery Systems $250.00 5. Burn Permit – Non-resident $50.00 6. Burn Permit – Resident No Charge 7. Candles and open flame in assembly areas $50.00 8. Carnivals and Fairs $50.00* 9. Changing UST or AGST contents $100.00 10. Compressed Gas $100.00 11. Cryogens $250.00 12. Dry Cleaning Operations – flammable/combustible liquids $75.00 13. Dry Cleaning Operations – non-flammable liquids $50.00 14. Emergency Medical Services – services and expendables # 15. Explosives or Blasting Agents – Use $150.00* 16. Fire Alarm System Review # 17. Fire Sprinkler System Review # 18. Fireworks (certified events only)$150.00* 19. Fumigation or thermal insecticidal fogging $250.00 20. Hazardous Materials – Storage, dispense, use of $50.00 21. Hazardous Materials Mitigation ^# 22. Highly Toxic Pesticides – Storage, use of $50.00 23. High-Piled Combustible Storage $50.00 24. Hot works operations $50.00 25. LPG 25-199 WGC $25.00 26. LPG 200-1,999 WGC $75.00 27. LPG 2,000 < WGC $100.00 28. LPG fueled vehicles or equipment in assembly buildings $50.00 29. Malls – covered $75.00* 30. Motor vehicle fueling dispensing station $50.00 31. Personnel stand-by – Fire Watch $35.00^ 32. Personnel stand-by – Special Event $35.00^ 33. Private Agency License Inspection/Certification $50.00 34. Pyrotechnic – Special events material $500.00* 35. Radioactive Materials $500.00 36. Re-inspection for fire alarm systems $75.00* 37. Re-inspection for new construction $75.00* 38. Re-inspection for sprinkler systems $75.00* 39. Trench Burning – Clearing Land or Rubbish $150.00 40. Underground Storage Tanks (UST)$150.00 41. UST and AGST removal or temporary out of service $50.00 42. Water System Analysis/Test for Fire Suppression Systems $25.00 BLS Emergency $400.00 ALS I $500.00 ALS II $700.00 Mileage $.10 per mile Gas Well Pad Site Permit Application Fee (one-time initial, per pad site fee)$30,000.00 Approved Gas Well Pad Site Permit Annual Review & Renewal Fee $5,000.00 Fire Fighter Training & Equipment Fee (one-time initial, per approved pad site fee)$10,000.00 Setback Reduction Request/Property Owner Title Verification Fee $5000.00 or actual cost, whichever is greater AMBULANCE AND EMS FEES GAS WELL PAD SITE PERMITS AND FEES GAS WELL PERMITS AND FEES **Two (2) hour minimum. If requried, additional cost for personnel may be charged. Additional cost for expendable equiment and necssasry appartatus may be inccurred. ^Cost is per hour per personnel utlitzed. Additional cost for expendable equipment and necessary apparatus may be incurred. #Cost based on third party or contracted services provider fees. Based on agreement with the Town, fees may be paid directly to the third party or contracted services provider. *If required, additional cost for personnel may be charged. Additional cost for expendable equipment and necessary apparatus may be incurred. 3 of 5 Section 2-181 “Schedule of fees and charges” of the Town of Westlake Code of Ordinances, is hereby amended as “Exhibit A”. Ordinance 832 TOWN OF WESTLAKE FEES AND USE SCHEDULE Updated August 28, 2017 Gas Well Permit Application Fee (one-time initial, per well fee)$10,000.00 Gas Well Permit Amendment Application & Review Fee $2,500.00 Gas Well Certificate of Completion & Completion Inspection Fee $1,500.00 Tank Battery Completion & Annual Permit/Inspection Fee $1,000.00 Annual Approved Gas Well Permit Review, Inspection, & Permit Renewal Fee $1,500.00 Initial/Annual Insurance & Surety Review Fee (per approved gas well permit)$1,000.00 Annual Fire Fighter Training & Equipment Fee (per approved gas well permit)$2,000.00 Annual Safety/Hazardous Materials Plans & Reports Compliance Review Fee 1,000** Well Re-working Permit Fee 5,000** Gas Well Permit Transference Processing Fee 5,000** Gas Well Permit Extension Processing Fee 5,000** Well Abandonment Permit Application & Inspection Fee 2,500 ** Road Maintenance Agreement Review & Inspection Fee 5,000** New Pipeline Construction Permit & Inspection Fee $5,000.00 New Pipeline Certificate of Completion & Inspection Fee $1,500.00 New Pipeline ROW/Street/Road/Easement Crossing License (per crossing)$2,000.00 Initial/Annual Insurance & Surety Review Fee (per approved pipeline permit)$1,000.00 Annual Safety Report Compliance Review Fee (per approved pipeline permit)$1,000.00 Annual Pipeline Permit & License Renewal Fee (per new pipeline permit)$2,000.00 Inactive Pipeline Permit Application & Inspection Fee $2,500.00 Idled Pipeline Permit Application & Inspection Fee $2,500.00 Idled Pipeline Permit Reactivation Inspection Fee $2,500.00 Seismic Testing Permit Fee $500.00 Technical Advisor Fees Actual costs plus 10% administrative fee Total Valuation Fee $1.00 to 500.00 $50.00 $501.00 to $2000.000 $50.00 for the first $500.00 plus $6.60 for each additional $100.00 or fraction thereof, up to and including $2,000.00 $2,001.00 to $25,000.00 $150.00 for the first $2,000.00 plus $30.00 for each additional $1,000.00 or fraction thereof, up to and including $25,000.00. $25,001.00 to $50,000.00 $840.00 for the first $25,000.00 plus $21.60 for each additional $1,000.00 or fraction thereof, up to and including $50,000.00. $50,001.00 to $100,000.00 $1,380.00 for the first $50,000.00 plus $15.00 for each additional $1,000.00, or fraction thereof, up to and including $100,000.00. $100,001.00 to $500,000.00 $2,130.00 for the first $100,000.00 plus $12.00 for each additional $1,000.00 or fraction thereof, up to and including $500,000.00. $500,001.00 to $1,000,000.00 $6,930.00 for the first $500,000.00 plus $10.20 for each additional $1,000.00 or fraction thereof, up to and including $1,000,000.00. 1,000,001.00 and up $12,030.75 for the first $1,000,000.00 Plus $6.60 for each additional $1,000.00 or fraction thereof. Total Valuation Fee $1.00 to 500.00 $50.00 PIPELINE RELATED PERMITS AND FEES*** ***all permits, fees, and/or licenses in this section are for initial installation of a new pipeline. Any extensions of this pipeline will TABLE 1: NEW COMMERCIAL CONSTRUCTION AND COMMERCIAL REMODEL / ADDITION / REPAIR TABLE 2: RESIDENTIAL REMODEL **per approved gas well permit 4 of 5 Section 2-181 “Schedule of fees and charges” of the Town of Westlake Code of Ordinances, is hereby amended as “Exhibit A”. Ordinance 832 TOWN OF WESTLAKE FEES AND USE SCHEDULE Updated August 28, 2017 $501.00 to $2000.000 $50.00 for the first $500.00 plus $6.60 for each additional $100.00 or fraction thereof, up to and including $2,000.00 $2,001.00 to $25,000.00 $150.00 for the first $2,000.00 plus $30.00 for each additional $1,000.00 or fraction thereof, up to and including $25,000.00. $25,001.00 to $50,000.00 $840.00 for the first $25,000.00 plus $21.60 for each additional $1,000.00 or fraction thereof, up to and including $50,000.00. $50,001.00 to $100,000.00 $1,380.00 for the first $50,000.00 plus $15.00 for each additional $1,000.00, or fraction thereof, up to and including $100,000.00. $100,001.00 to $500,000.00 $2,130.00 for the first $100,000.00 plus $12.00 for each additional $1,000.00 or fraction thereof, up to and including $500,000.00. $500,001.00 to $1,000,000.00 $6,930.00 for the first $500,000.00 plus $10.20 for each additional $1,000.00 or fraction thereof, up to and including $1,000,000.00. 1,000,001.00 and up $12,030.75 for the first $1,000,000.00 Plus $6.60 for each additional $1,000.00 or fraction thereof. Square Feet Fee** 0 to 100,000 square feet $0.015/square foot 100,001 to 300,000 square feet $1,500.00 for the first 100,000 square feet plus $0.014 for each additional square foot. 300,001+ square feet $4,200.00 for the first 300,000 square feet plus $0.009 for each additional square foot or fraction thereof. Square Feet Fee 0 to 5,000 square feet $250.00 5,001 to 10,000 square feet $350.00 10,001+ square feet $500.00 Square Feet Fee 0 to 5,000 square feet $250.00 5,001 to 10,000 square feet $500.00 10,001+ square feet $750.00 TABLE 4: RESIDENTIAL FOUNDATION REPAIR TABLE 5: SINGLE TRADE PERMITS FOR NEW CONSTRUCTION **Or $275, whichever is greater. TABLE 3: FIRE PLAN REVIEW 5 of 5 Section 2-181 “Schedule of fees and charges” of the Town of Westlake Code of Ordinances, is hereby amended as “Exhibit A”. Ordinance 832 ESTLAKE TOWN COUNCIL TYPE OF ACTION Regular Meeting - Consent Monday, August 28, 2017 TOPIC: Discussion and consideration of an Ordinance amending Chapter 18 titled “buildings and building regulations” by adding sections 18-3; adding requirements for construction site conditions. STAFF CONTACT: Pat Cooke, Chief Building Official Ron Ruthven, Planning and Development Director Nick Ford, Development Coordinator Strategic Alignment Vision, Value, Mission Perspective Strategic Theme & Results Outcome Objective Planned / Responsible Development Citizen, Student & Stakeholder High Quality Planning, Design & Development - We are a desirable well planned, high-quality community that is distinguished by exemplary design standards. Preserve Desirability & Quality of Life Strategic Initiative Update Development Regulations Time Line - Start Date: August 28, 2017 Completion Date: August 28, 2017 Funding Amount: 00.00 Source - N/A EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY) On June 19, 2017, staff presented a workshop item that called for the implementation of a construction deposit ordinance as well as requirements for construction site fencing, screening and cleanliness. Staff received direction from Council to see what we could do without implementing the proposed ordinance beforehand. This resulted in staff sending warning notices to properties under construction that were not being kept clean from trash and debris, high grass and weeds, or erosion control not being setup properly. From June 19, 2017 to August 28, 2017, staff sent out a total of 24 warning notices and 0 citations related to these warning notices to various properties around the Town of Westlake. Most violations were due to a combination of trash and debris and high grass and weeds on the lots. Attachment 2 contains further information regarding the warning notices. Overall, Westlake’s subdivisions are noticeably cleaner than before. Nevertheless, staff still feels the need for certain items that were detailed in the original deposit ordinance to become ordinance. The deposit ordinance or any mention thereof in the original proposed ordinance has been removed from the new proposed ordinance. The new ordinance calls for implementing requirements for construction site fencing, certain plans to be submitted and certain locations marked, on-site mock-ups, site screening, and site cleanliness. The proposed ordinance came into action due to lots that are currently under construction not being kept clean. Trash and debris from job sites were encroaching into open space, trails, roads, or neighboring lots and causing nuisance to the standards the town has implemented. This ordinance intends to alleviate trash and debris from job sites encroaching into open space, trails, roads, or neighboring lots with the implementation of fencing and screening requirements. In addition, the ordinance calls for plans to show locations for dumpsters, materials, and sanitary facilities, etc. as well as requiring an onsite mockup that shows all materials that will be used prior to the application of these materials to the actual building. This ordinance aims to be town wide and applicable to all zoning districts for any new construction. The basis for this ordinance comes from the Vaquero HOA Design Guidelines and CCRs. Most of the ordinance follows specifically from Chapter 6 “Construction & Building Regulations” of the most recent version from the Vaquero Design Guidelines that staff has obtained. Though chapter 6 of the design guidelines covers many additional sections, staff was of the opinion that the construction area, trash and debris removal, and onsite mockup were the most significant sections that could be appropriate at a town wide level. Furthermore, many cities in the region have indications of construction site fencing and screening and job site cleanliness requirements. RECOMMENDATION Staff recommends approval of this ordinance. ATTACHMENTS 1. Code Violation Log.pdf 2. Ordinance Adding Construction Site Conditions Warning Notice Log Date of Violation Violation Type Lot #Property Address Responsible Party Days to Fix Insepction Date Complied? 7/13/2017 Trash/Erosion 1 2202 Castilian Path Calais 10 7/28/2017 YES 7/13/2017 Trash 10 2218 Castilian Path Calais 10 7/28/2017 YES 7/13/2017 Trash/Grass/Erosion 23 2209 Barcelona Court Calais 10 7/28/2017 YES 7/13/2017 Trash/Erosion 24 2205 Barcelona Court Calais 10 7/28/2017 YES 7/13/2017 Trash/Grass 25 2202 Barcelona Court Vesta/Pentavia 10 7/28/2017 YES 7/13/2017 Trash/Grass/Erosion 26 2206 Barcelona Court Calais 10 7/28/2017 YES 7/13/2017 Trash 55 2010 Granada Trail Vesta/Pentavia 10 7/28/2017 YES 7/13/2017 Trash 58 2005 Cordoba Cove Calais 10 7/28/2017 YES 7/13/2017 Trash 64 2030 Granada Trail Atwood 10 7/28/2017 YES 7/13/2017 Trash/Grass 65 2034 Granada Trail Vesta/Pentavia 10 7/28/2017 YES 7/13/2017 Trash/Grass/Materials on Neighboring Lot 70 2017 Valencia Cove Vesta/Pentavia 10 7/28/2017 YES 7/13/2017 Trash/Grass 71 2013 Valencia Cove Atwood 10 7/28/2017 YES 7/13/2017 Trash/Grass 7 1644 Carlyle Court Calais 10 7/28/2017 YES 7/13/2017 Trash 6 1686 Carlyle Court Calais 10 7/28/2017 YES 7/13/2017 Trash/Grass 3 1685 Carlyle Court James Krekow 10 7/28/2017 YES 7/27/2017 Trash/Grass 8 2207 Costa del Sol Larry Stewart 10 8/11/2017 YES 7/27/2017 Trash/Grass 14 2234 Barcelona Court Simmons 10 8/11/2017 YES 7/27/2017 Trash/Grass 16 2237 Barcelona Court Vesta/Pentavia 10 8/11/2017 YES 7/27/2017 Trash/Grass 17 2233 Barcelona Court Vesta/Pentavia 10 8/11/2017 YES 7/27/2017 Trash/Grass 18 2229 Barcelona Court Vesta/Pentavia 10 8/11/2017 YES 7/27/2017 Trash/Grass 28 2217 Castilian Path Calais 10 8/11/2017 YES 7/27/2017 Trash/Grass 46 2025 Granada Trail Atwood 10 8/11/2017 YES 7/27/2017 Trash/Grass 63 2026 Granada Trail Larry Stewart 10 8/11/2017 YES 7/27/2017 Trash/Grass/Erosion 73 2005 Valencia Cove Kensington 10 8/11/2017 YES Warning Notice Log Responsible Party/Violation Count Violation Type Count of Violation Type Responsible Party Count of Complied? Atwood 3 Trash 5 Atwood 3 Trash 1 Trash/Erosion 2 YES 3 Trash/Grass 2 Trash/Grass 13 Calais 9 Calais 9 Trash/Grass/Erosion 3 YES 9 Trash 3 Trash/Grass/Materials on Neighboring Lot 1 James Krekow 1 Trash/Erosion 2 Grand Total 24 YES 1 Trash/Grass 2 Vesta/Pentavia 7 Trash/Grass/Erosion 2 YES 7 James Krekow 1 Larry Stewart 2 Trash/Grass 1 YES 2 Kensington 1 Simmons 1 Trash/Grass/Erosion 1 YES 1 Larry Stewart 2 Kensington 1 Trash/Grass 2 YES 1 Simmons 1 Grand Total 24 Trash/Grass 1 Vesta/Pentavia 7 Trash 1 Trash/Grass 5 Trash/Grass/Materials on Neighboring Lot 1 Grand Total 24 Ordinance 833 Page 1 of 3 TOWN OF WESTLAKE ORDINANCE NO. 833 AN ORDINANCE OF THE TOWN OF WESTLAKE AMENDING CHAPTER 18 TITLED “BUILDINGS AND BUILDING REGULATIONS” BY ADDING SECTIONS 18-3; ADDING REQUIREMENTS FOR CONSTRUCTION SITE CONDITIONS; PROVIDING A PENALTY; PROVIDING A CUMULATIVE CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AUTHORIZING PUBLICATION; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the Town of Westlake, Texas is a general law Town; and WHEREAS, the Town of Westlake has had a large increase in development; and WHEREAS, the Town Council of the Town of Westlake finds it necessary for the public health, safety and welfare that development occur in a controlled and orderly manner; and WHEREAS, the Town of Westlake wants construction within city limits to be as clean as possible; and WHEREAS, upon the recommendation of the Town Council of the Town of Westlake, Texas, it is of the opinion that it is in the best interests of the town and its citizens that the amendments to Chapter 18 “Buildings and Building Regulations” should be approved and adopted. 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 18, “Buildings and Building Regulations” Article 1 “In General”, adding Section 18-3 “Construction Site Conditions” of the Town of Westlake Code of Ordinances, is hereby amended as follows: Section 18-3 Construction Site Conditions. (a) Purpose. The purpose of this section is to ensure that any new construction complies with all Town Ordinances and maintains a clean site during construction. This article also ensures that construction sites are properly screened from the public view to minimize the visual impact of construction on neighboring lots, public areas and roads. (b) Applicability. This section applies to all zoning districts at the application for a building permit for new construction, remodels, additions, or expansions. Ordinance 833 Page 2 of 3 (c) Plans and Locations Required. At the time of application for a building permit, the builder must provide the Town of Westlake, at the discretion of the Building Official, with the following: (1) A plan that shows the location and size of material storage and parking areas; and (2) Locations for sanitary facilities, dumpsters, debris storage, utility trenching, and excavation limits; and (3) A plan that shows temporary perimeter fencing of the site which screens the site from the street(s). (d) Fencing and Screening. The construction site is required to be screened from street view during construction and securely fenced to prevent public access. Fencing shall contain at least 80% opacity to further screen the site. (e) Model Required. An onsite smaller version mode or replica of the proposed construction shall be constructed for approval by the Town of Westlake. The model shall show all proposed materials, colors, and detailing including windows, corner and trim details and/or details of areas where one material changes to another. Models must be completed prior to installation of these materials to the house. (f) Clean Site. Contractors must maintain a clean site that is clear of trash and debris. Contractors must clean all trash and debris at the end of each day and trash and debris must be removed from the site at least once a week. SECTION 3: That all provisions of Chapter 18 not hereby amended shall remain in full force and effect. SECTION 4: That this Ordinance shall be cumulative of all other Town Ordinances and all other provisions of other Ordinances adopted by the Town which are inconsistent with the terms or provisions of this Ordinance are hereby repealed. SECTION 5: 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 6: 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 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. Ordinance 833 Page 3 of 3 SECTION 7: This ordinance shall take effect immediately from and after its passage as the law in such case provides. PASSED AND APPROVED ON THIS 28th DAY OF AUGUST 2017. _____________________________ ATTEST: Laura Wheat, Mayor ____________________________ ______________________________ Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager APPROVED AS TO FORM: ____________________________ L. Stanton Lowry, Town Attorney Page 1 of 2 estlake Town Council TYPE OF ACTION Regular Meeting - Consent Westlake Town Council Meeting Monday, August 28, 2017 TOPIC: Amending the wholesale water contract with the City of Fort Worth for the construction of a 30” waterline. STAFF CONTACT: Jarrod Greenwood, Public Works Director/Assistant to the Town Manager Strategic Alignment Vision, Value, Mission Perspective Strategic Theme & Results Outcome Objective Planned / Responsible Development People, Facilities, & Technology High Quality Planning, Design & Development - We are a desirable well planned, high-quality community that is distinguished by exemplary design standards. Improve Technology, Facilities & Equipment Strategic Initiative Outside the Scope of Identified Strategic Initiatives Time Line - Start Date: August 28, 2017 Completion Date: August 28, 2017 Funding Amount: $2,644,130 Status - Funded Source - Bond Issuance EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY) As you may recall, Council approved an amendment to the contract at the November 17, 2014 regular meeting for Westlake’s proportionate cost for the installation of a new 48” water line, the first phase of the two-phase project. The Town’s proportionate cost for phase 1 was $2,826,315.02 paid out over 3 years. In an effort to provide Council and staff with information to make a strategic decision of whether or not to participate in the construction of Phase 2, staff retained Halff Associates to conduct a feasibility analysis (attached) to examine Westlake’s options and the costs associated with each Page 2 of 2 one. The report recommended participating in the Fort Worth water line project from the identified options below: 1. Participate in the Fort Worth water line project at a cost of $3,910,842. 2. Construct a 30” water line in 2026 without any intergovernmental cooperation at a cost of $11,275,000 (FTV $). 3. Construct a 16” water line in 2026 without any intergovernmental cooperation at a cost of $7,425,000 (FTV $). The proposed amendment to the Fort Worth wholesale water contract presented for Council consideration is for the second phase of the two-phase project and follows the same proportional responsibility as phase 1. This phase will include the construction of a Fort Worth 30” water line in Fort Worth and Westlake as identified on Exhibit A included in the Amendment to the Contract. The City of Fort Worth wanted Westlake and Trophy Club MUD to prepay for this project. Unfortunately, the Utility Fund Working Capital would be depleted if Westlake were to make the full prepayment. Fort Worth has agreed to split the payment up into two payments; the first payment of $889,000 to be paid in FY 17/18 and the second payment when we obtain the Texas Water Development Board funding in FY 18/19. Staff will include the first payment in the funding request. As discussed during budget presentation, staff is currently working with the Texas Water Development Board to obtain funding through the State Water Implementation Fund for Texas (SWIFT); a low interest loan through the state that has an opportunity for forgiveness of approximately 30% of the interest. We would expect to receive funds in November 2018. RECOMMENDATION Staff recommends approval of the Fort Worth wholesale contract amendment. ATTACHMENTS Resolution with proposed wholesale contract amendment Resolution 17-33 Page 1 of 2 TOWN OF WESTLAKE RESOLUTION NO. 17-33 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, AMNEDING THE WHOLESALE WATER CONTRACT WITH THE CITY OF FORT WORTH FOR THE CONSTRUCTION OF A 30’ WATERLINE AND AUTHORIZING THE TOWN MANAGER TO EXECUTE THE AGREEMENT ON BEHALF OF THE TOWN OF WESTLAKE, TEXAS. WHEREAS, the Town of Westlake is wholesale water customer of the City of Fort Worth; and WHEREAS, the Town of Westlake and Trophy Club MUD previously entered into an interlocal agreement to fund a water supply feasibility and engineering design coordinated through the City of Fort Worth; and WHEREAS, the Town of Westlake and Trophy Club Municipal Utility District recognize that there is a need for additional water capacity in the northeast sector of the Fort Worth wholesale area including Westlake and Trophy Club Municipal Utility District; and WHEREAS, the Town of Westlake desires to foster and promote region cooperative efforts; and WHEREAS, the provision of water service throughout the Town of Westlake is of vital importance to the health, safety, and welfare of the citizens of Westlake; and WHEREAS, Westlake desires to secure and maintain an adequate potable water source for the health, safety, and welfare of the citizens of Westlake; and WHEREAS, the Town Council find that the proposed cooperative construction for the 30” water line provides sound infrastructure planning consistent with goals and objectives within the adopted strategic plan; and WHEREAS, the Town Council finds that the funding for the construction of the 30” water line is necessary and provides sound infrastructure planning consistent with goals and objectives within the adopted strategic plan; and WHEREAS, the Town Council finds that the passage of this Resolution is in the best interest of the public. Resolution 17-33 Page 2 of 2 NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: All matters stated in the Recitals above are found to be true and correct and are incorporated herein by reference as if copied in their entirety. SECTION 2: The Town Council of the Town of Westlake hereby approves the amendment to the Fort Worth wholesale contract providing funding for participation in construction of 30” water line project, attached as Exhibit “A”, and further authorizes the Town Manager to execute the agreement on behalf of the Town of Westlake, Texas. SECTION 3: If any portion of this Resolution shall, for any reason, be declared invalid by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions hereof and the Council hereby determines that it would have adopted this Resolution without the invalid provision. SECTION 4: That this resolution shall become effective from and after its date of passage. PASSED AND APPROVED ON THIS 28TH DAY OF AUGUST 2017. _____________________________ ATTEST: Laura Wheat, Mayor ____________________________ ______________________________ Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager APPROVED AS TO FORM: ____________________________ L. Stanton Lowry, Town Attorney THE STATE OF TEXAS KNOW ALL BY THESE PRESENTS COUNTY OF TARRANT AMENDMENT NO.3 TO THE AGREEMENT FOR WATER SERVICE BETWEEN THE CITY OF FORT WORTH AND TOWN OF WESTLAKE FOR THE CONSTRUCTION OF A NORTHSIDE II 30-INCH WATER MAIN AND ALLOCATED CAPACITY This Amendment No. 3 (Amendment) is made and entered into by and between the Town of Westlake, acting herein by and through its Town Manager, Thomas Brymer, hereinafter referred to as CUSTOMER and the City of Fort Worth, acting herein by and through its Assistant City Manager, Jesus J. Chapa, hereinafter referred to as FORT WORTH, all of Tarrant County, State of Texas, (collectively the “PARTIES”). WHEREAS, FORT WORTH and CUSTOMER have entered in an Agreement for Water Service known as Fort Worth City Secretary Contract No. 41112 (“CONTRACT”), Amendment No.1 known as Fort Worth City Secretary Contract No. 41112-A1 (“AMEND NO.1”) for 48-inch cost participation; Amendment No.2 known as Fort Worth City Secretary Contract No. 41112-A2 (“AMEND NO.2”) for 30-inch engineering design contract cost participation; and WHEREAS, the PARTIES recognize that there is a need for additional water capacity in the northeast sector of Fort Worth and in Westlake then originally provided for in the AMEND NO.1, and AMEND NO.2; and WHEREAS, to address this need for additional capacity, FORT WORTH is constructing a 30-inch water main along SH 170 from N. Beach Street to 13590 Denton Hwy (Westlake’s Wholesale Metering Station), approximately 14,590 linear feet as shown in EXHIBIT A; and WHEREAS, CUSTOMER has requested capacity in the 30-inch water main which will increase its total projected water demand; and WHEREAS, Section 3.3 of the CONTRACT states that the CUSTOMER shall pay for each new or enlarged or additional connection to the FORT WORTH system, including the cost of the wholesale meter and the CUSTOMER’s proportionate share of the improvements required for that service; and WHEREAS, CUSTOMER recognizes that the Trophy Club Municipal Utility District No. 1 has also requested capacity in the Northside II 30-inch water main; WHEREAS, the PARTIES agree that the CUSTOMER’s engineering design, survey and appraisal related cost and participation for the Northside II 30-inch water main shall be as stated in AMEND NO.2. __________________________________________________________________________________________ Amendment:F.2 Northside II 48-inch Water main Resolution 17-XX Page 2 of 5 WHEREAS, the PARTIES agree that the CUSTOMER’s construction related cost and participation for the Northside II 30-inch water main shall be as stated in this AMENDMENT. NOW THEREFORE, the PARTIES agree to amend the CONTRACT as follows: 1.) FORT WORTH shall be responsible for the public bid and award of construction, together with any plan and spec modifications required during construction, and contract documents for the construction of the Northside II 30-inch water main, shown on Exhibit A. 2.) The total demand needed by the CUSTOMER is 16 MGD at the meter located at Highway 377 as stated in the City Secretary Contract No. 41112-A1. Customer is requesting 10 MGD of the total 16 MGD to be from the Northside II 30-inch water main. The additional 6 MGD needed in the future will be addressed by another future water main in a separate contract. CUSTOMER currently has 4.2 MGD capacity from the existing water main network that is serving the existing wholesale meter located at Highway 377. CUSTOMER requests an additional 5.8 MGD from the Northside II 30-inch water main at this time. The additional 5.8 MGD equals to 27.94 percent of the total 20.76 MGD capacity of the Northside II 30-inch water main. The Northside II 30-inch capacity is based on the Fort Worth’s Ordinance#21251-05-2014 for Water Main Capacity Charge. Trophy Club Municipal District No. 1 is cost participating 6.6 MGD capacity and FORT WORTH is cost participating 3.05 MGD capacity of this Northside II 30-inch water main. 3.) The estimated total project management, easements, right-of-way acquisition, construction cost and related construction contingencies of the Northside II 30-inch water main is estimated to be $9,463,600. CUSTOMER agrees that its proportionate share of this cost is 27.94 percent, estimated to be $2,644,130. 4.) Payments for CUSTOMER’s share of the Actual Construction Project Costs shall be due in two installments that would consist of the first payment of $899k prior to the award of the Northside II 30-inch water main design contract and the second payment of $1.75M when Westlake takes down SWIFT funds in November of 2018. A payment is late if not paid within 30 days after the project’s public bid opening. Late payments shall accrue interest at the rate of one and one-half percent (1-1/2%) per month until paid. 5.) CUSTOMER agrees that the Actual Construction Project costs shall be shared by CUSTOMER, Town of Westlake, and FORT WORTH proportionately. CUSTOMER agrees that the Actual Construction Project cost may differ from the projection stated in subsection 3 and __________________________________________________________________________________________ Amendment:F.2 Northside II 48-inch Water main Resolution 17-XX Page 3 of 5 CUSTOMER shall pay FORT WORTH its proportionate share of 27.94 percent of the Actual Construction Project cost. 6.) Payments for CUSTOMER’s share of the Actual Construction Project Costs shall be due prior to the award of the Northside II 30-inch water main design contract. A payment is late if not paid within 30 days after the project’s public bid opening. Late payments shall accrue interest at the rate of one and one-half percent (1-1/2%) per month until paid. This AMENDMENT shall become effective upon full and complete execution: EXECUTED this _ __day of _____________________, 2017. CITY OF FORT WORTH TOWN OF WESTLAKE _______________________________ _______________________________ JESUS J. CHAPA THOMAS BRYMER ASSISTANT CITY MANAGER TOWN MANAGER DATE: ________________________ DATE: ________________________ APPROVED AS TO FORM AND APPROVED AS TO FORM AND LEGALITY LEGALITY _______________________________ _______________________________ CHRISTA LOPEZ-REYNOLDS BY:____________________________ SR. ASSISTANT CITY ATTORNEY ATTORNEY ATTEST ATTEST ________________________________ _______________________________ MARY KAYSER CITY SECRETARY CITY SECRETARY __________________________________________________________________________________________ Amendment:F.2 Northside II 48-inch Water main Resolution 17-XX Page 4 of 5 EXHIBIT “A” – 30-inch water main along SH170 from N. Beach Street to 13590 Denton Hwy (Westlake’s Wholesale Metering Station) __________________________________________________________________________________________ Amendment:F.2 Northside II 48-inch Water main Resolution 17-XX Page 5 of 5 Insert Exhibit A here. Resolution 17-33 estlake Town Council TYPE OF ACTION Regular Meeting - Action Item Monday, August 28, 2017 TOPIC: Conduct a public hearing and consideration of Resolution XXX approving a Final Plat for Phase IIB of the Quail Hollow subdivision. The property included in the Final Plat is a portion of the approved 188.28-acre preliminary plat located at 1755 Dove Road, southeast corner of the FM1938/Dove Road intersection. STAFF CONTACT: Ron Ruthven, Director of Planning and Development Strategic Alignment Vision, Value, Mission Perspective Strategic Theme & Results Outcome Objective Mission: Westlake is a unique community blending preservation of our natural environment and viewscapes, while serving our residents and businesess with superior municipal and academic services that are accessible, efficient, cost- effective, & transparent. Citizen, Student & Stakeholder High Quality Planning, Design & Development - We are a desirable well planned, high-quality community that is distinguished by exemplary design standards. Preserve Desirability & Quality of Life Strategic Initiative Outside the Scope of Identified Strategic Initiatives PLANNING CASE INFORMATION Case Number: FP-07-11-17 Development: Quail Hollow Phase IIB Final Plat Applicant: DeOtte Inc. Owner: Quail Hollow Development, LLC Developer: Quail Hollow Development, LLC Site Location: SE corner of Dove Road and Davis Boulevard (FM 1938) Site Area: 68.23 acres Zoning: R-1 – Estate Residential EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY) As Council may recall, the Final Plats for Phase I and Phase IIA of Quail Hollow were approved in December of 2016. The Final Plat of Quail Hollow Phase IIB generally comports with the Preliminary Plat that was presented at the March 21, 2016 regular meeting that P&Z recommended Town Council approval, which was approved by the Town Council at the March 28, 2016 regular Council meeting. The Preliminary Plat for the areas in Phase IIB consists of 23 residential lots. However, the Final Plat for Quail Hollow Phase IIB consists of 28 residential lots. In addition to five more lots within the subdivision, the developer has also added an extra road (see “Bluffview Drive”) to the Final Plat to accommodate for these extra houses that were added on. As a reminder, the SUP for Quail Hollow, Ordinance 780, was approved by Council at the March 28, 2016 regular Council meeting and provided for the number of lots to increase or decrease by no more than 10%. All lots are greater than the 1-acre (43,560 sf) minimum lot size for R1 Zoning.. This intended use comports with the Land Use Plan element of the Comprehensive Plan, which defines the area surrounding this property as Pastoral Community, a use that stresses “compatibility with existing high-end residential development” and lots “generally an acre or larger”. The final plat complies with all requirements of the Town’s Code of Ordinances including the zoning requirements. PLANNING AND ZONING COMMISSION The Planning and Zoning Commission voted (5-0) to recommended approval of this item on August 14, 2017 RECOMMENDATION Staff recommends approval of this Final Plat. 1. Vicinity Map 2. Quail Hollow Phase IIB Final Plat 3. Resolution Resolution 17-34 Page 1 of 3 TOWN OF WESTLAKE RESOLUTION 17-34 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, APPROVING THE FINAL PLAT FOR PHASE 2B OF THE QUAIL HOLLOW SUBDIVISION SHOWING 28 RESIDENTIAL LOTS OF ONE-ACRE OR MORE IN SIZE. THE PROPERTY IS A PORTION OF APPROXIMATELY 188.28 ACRES LOCATED AT THE SOUTHEAST CORNER OF THE FM 1938/DOVE ROAD INTERSECTION. WHEREAS, the Town Council approved The Estates of Quail Hollow Preliminary Plat at the March 28, 2016 regular Council meeting; and WHEREAS, the Town Council finds that the Final Plat for Phase 2B conforms generally with the Preliminary Plat; and WHEREAS, the development conforms with the goals and policies of the Town Comprehensive Plan and the Thoroughfare Plan incorporated therein; and WHEREAS, the Town Council finds that the passage of this Resolution is in the best interests of the citizens of Westlake. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That, all matters stated in the Recitals above are found to be true and correct and are incorporated herein by reference as if copied in their entirety. SECTION 2: That the Town Council of the Town of Westlake, Texas, after considering the recommendation for approval from the Planning and Zoning Commission on August 14, 2017, does hereby approve the Final Plat for Phase 2B of the Estates of Quail Hollow subdivision, attached as Exhibit “A”. SECTION 3: If any portion of this Resolution shall, for any reason, be declared invalid by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions hereof and the Council hereby determines that it would have adopted this Resolution without the invalid provision. Resolution 17-34 Page 2 of 3 SECTION 4: That this resolution shall become effective from and after its date of passage. PASSED AND APPROVED ON THIS 28TH DAY OF AUGUST, 2017. _____________________________ ATTEST: Laura L. Wheat, Mayor _______________________________ ________________________________ Kelly Edwards, Town Secretar y Thomas E. Brymer, Town Manager APPROVED AS TO FORM: ____________________________ L. Stanton Lowry, Town Attorney Resolution 17-34 Page 3 of 3 EXHIBITS EXHIBIT A The Estates of Quail Hollow Phase 2B Final Plat estlake Town Council TYPE OF ACTION Regular Meeting - Action Item Monday, August 28, 2017 TOPIC: Conduct a public hearing and consideration of Resolution XXX approving a site plan located in the GU-Government Use zoning district for a 5.03 acre tract located at the northwest corner of Davis Blvd (FM 1938) and Dove Road. The purpose of the site plan is to approve the construction of a new fire station. STAFF CONTACT: Ron Ruthven, Director of Planning and Development Strategic Alignment Vision, Value, Mission Perspective Strategic Theme & Results Outcome Objective Mission: Westlake is a unique community blending preservation of our natural environment and viewscapes, while serving our residents and businesess with superior municipal and academic services that are accessible, efficient, cost- effective, & transparent. Citizen, Student & Stakeholder High Quality Planning, Design & Development - We are a desirable well planned, high-quality community that is distinguished by exemplary design standards. Preserve Desirability & Quality of Life Strategic Initiative Outside the Scope of Identified Strategic Initiatives PLANNING CASE INFORMATION Case Number: SP-06-21-17 Development: Fire Station Plan Applicant: BRW Architects Owner: Town of Westlake Developer: N/A Site Location: NW Corner of Dove Road and Davis Boulevard (FM 1938) Site Area: 5.03 acres Zoning: GU – Government Use EXPLANATION AND SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY) As part of the preconstruction process related to the proposed Westlake Fire-EMS Station, the 5.03-acre site that was generously donated by Fidelity Investments must be rezoned, replatted, and have a site plan submitted. As Council may recall, the property was both rezoned to the GU-Government Use District and replatted in December 2016. . A public workshop concerning the design and funding of the new station was conducted on May 25, 2017. The next step in the process per the Town’s zoning regulations is to submit a Site Plan (the subject of this memo) before construction may commence. The site plan establishes the following: • Proposed building locations and their square footage • Parking lot and driveway locations and their paving materials • Architectural elevations showing exterior walls materials and roofing materials • Screening • Landscaping • Drainage • Dumpster location The proposed site plan complies with the Town’s zoning and development requirements and has received the input and approval of the Town’s architectural consultant. According to the attached project schedule, construction is scheduled to begin in the Fall of 2017. PLANNING AND ZONING COMMISSION The Planning and Zoning Commission voted (5-0) to recommend approval of this item on August 14, 2017. RECOMMENDATION The design, layout and funding of the new fire station was conducted with significant input from the Town Council and Town staff along with numerous discussions with Town residents at multiple forums including a public workshop held on May 25, 2017. Staff recommends approval of the site plan. ATTACHMENTS 1. Existing Location Map and Vicinity Map 2. Fire Station Site Plan 3. Fire Station Renderings 4. Project Schedule 5. Resolution Resolution 17-35 Page 1 of 3 TOWN OF WESTLAKE RESOLUTION 17-35 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, APPROVING A SITE PLAN FOR A NEW FIRE STATION ON 5.03 ACRES, LOT 2, FIDELITY INVESTMENTS ADDITION PHASE ONE. THE PROPERTY IS LOCATED AT THE NORTHWEST CORNER OF FM 1938 AND DOVE ROAD WHEREAS, the Town Council voted to approve a replat creating Lot 2, Fidelity Investments Phase One, a 5.03 acre tract, on December 12, 2017; and WHEREAS, the Town Council approved a zoning change on said property from Planned Development District Number 2 (PD2) to GU-Government Use on December 12, 2017; and WHEREAS, the Town Council, in approving said replat and zoning change, desires to construct a new fire station on said property; and WHEREAS, Section 102-314 of the Town of Westlake Code of Ordinances requires Town Council approval of a site plan for development within the GU-Government Use zoning district; and WHEREAS, the Town Council finds that the passage of this Resolution is in the best interests of the citizens of Westlake. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That, all matters stated in the Recitals above are found to be true and correct and are incorporated herein by reference as if copied in their entirety. SECTION 2: That the Town Council of the Town of Westlake, Texas, after considering the recommendation for approval from the Planning and Zoning Commission on August 14, 2017, does hereby approve a site plan for the construction of a new fire station on Lot 2, Fidelity Investments Phase One, a 5.03 acre tract, attached as Exhibit “A”. SECTION 3: If any portion of this Resolution shall, for any reason, be declared invalid by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions hereof and the Council hereby determines that it would have adopted this Resolution without the invalid provision. Resolution 17-35 Page 2 of 3 SECTION 4: That this resolution shall become effective from and after its date of passage. PASSED AND APPROVED ON THIS 28TH DAY OF AUGUST, 2017. _____________________________ ATTEST: Laura L. Wheat, Mayor _______________________________ ________________________________ Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager APPROVED AS TO FORM: ____________________________ L. Stanton Lowry, Town Attorney Resolution 17-35 Page 3 of 3 EXHIBITS EXHIBIT A New Fire Station Site Plan Resolution 17-35 Resolution 17-35 Resolution 17-35 Resolution 17-35 Resolution 17-35 Resolution 17-35 Resolution 17-35 Resolution 17-35 ),567)) 0(== +,*+522)%26 /2:522)726 ),567)/225$'0,1 ),567)) 0(== +,*+522)%26 /2:522)726 %&'().+-),567)/225$'0,1 *$0(== +,*+522)%26 /2:522)726 ),567)/225$'0,1 ),567)) 0(== +,*+522)%26 /2:522)726 %&'().+-),567)/225$'0,1 *$,17(5,05(9,(:'2&80(176127)255(*8/$725<$33529$/3(50,77,1*25&216758&7,21*$5<'(95,(67;5(*12%5:352-(&7180%(5&23<5,*+7‹%52:15(<12/'6:$7)25'$5&+,7(&76,1&'5$:1%<'$7(&+(&.('%<$)6+661**%(;7(5,25(/(9$7,21629(5$//'(6,*1'(9(/230(17'$9,6$1''29(:(67/$.(7;72:12):(67/$.(),5((0667$7,2112$.(<127(6  (;7(5,25(/(9$7,21 1257+29(5$//   (;7(5,25(/(9$7,21 ($6729(5$//   (;7(5,25(/(9$7,21 6287+29(5$//   (;7(5,25(/(9$7,21 :(6729(5$// 12 5(9,6,21 '$7(Resolution 17-35 ),567)) 0(== +,*+522)%26 /2:522)726 $$23(1),567)) 0(== +,*+522)%26 /2:522)726 ),567)) 0(== +,*+522)%26 /2:522)726 ),567)) 0(== +,*+522)%26 /2:522)726 $),567)) 0(== +,*+522)%26 /2:522)726 $$$%&'().+-23(1*$ ),567)) 0(== +,*+522)%26 /2:522)726 $$$%&'().+-23(1*$,17(5,05(9,(:'2&80(176127)255(*8/$725<$33529$/3(50,77,1*25&216758&7,21*$5<'(95,(67;5(*12%5:352-(&7180%(5&23<5,*+7‹%52:15(<12/'6:$7)25'$5&+,7(&76,1&'5$:1%<'$7(&+(&.('%<$)6+661**%(;7(5,25(/(9$7,216$5($$'(6,*1'(9(/230(17'$9,6$1''29(:(67/$.(7;72:12):(67/$.(),5((0667$7,2112$.(<127(6 $'+(5('1$785$/6721(0$6215< 1$785$/6721(0$6215</,17(/:,7+'5,3 1$785$/6721(0$6215<6,//:,7+'5,3 :22'6+877(56 35(),1,6+('0(7$/67$1',1*6($03$1(/6 7<3(  &/$<7,/(522) 35(),1,6+('0(7$/*877(5 35(),1,6+('0(7$/&$123<*877(5)$6&,$ 35(),1,6+('0(7$/)$6&,$ +2//2:0(7$/'225$1')5$0( 62/,'&25(:22''225 6(&7,21$/'225 $/80,1806725()5217 $/80,1806725()5217'225 6758&785$/*/$66(175$1&(6725()5217 ),;('$/80,180:,1'2: 3257/$1'&(0(17678&&2210(7$//$7+ 678&&25(685)$&,1*6<67(0 +($9<7,0%(575(//,6 (;7(5,25/,*+7,1*6&21&(  (;7(5,25(/(9$7,216287+$5($$  (;7(5,25(/(9$7,211257+$5($$  (;7(5,25(/(9$7,216287+$5($$  (;7(5,25(/(9$7,211257+$5($$  (;7(5,25(/(9$7,21:(67$5($$  (;7(5,25(/(9$7,21($67$5($$12 5(9,6,21 '$7(Resolution 17-35 0(== +,*+522)%26 /2:522)726 $      ),567)/225$'0,1 $0(== +,*+522)%26 /2:522)726 $ ' % ( ( & & % ),567)/225$'0,1 0(== +,*+522)%26 /2:522)726 $      ),567)/225$'0,1 $0(== +,*+522)%26 /2:522)726 $ ' % ( & & % ),567)/225$'0,1 $,17(5,05(9,(:'2&80(176127)255(*8/$725<$33529$/3(50,77,1*25&216758&7,21*$5<'(95,(67;5(*12%5:352-(&7180%(5&23<5,*+7‹%52:15(<12/'6:$7)25'$5&+,7(&76,1&'5$:1%<'$7(&+(&.('%<$)6+661**%(;7(5,25(/(9$7,216$5($%'(6,*1'(9(/230(17'$9,6$1''29(:(67/$.(7;72:12):(67/$.(),5((0667$7,2112$.(<127(6 $'+(5('1$785$/6721(0$6215< 1$785$/6721(0$6215</,17(/:,7+'5,3 1$785$/6721(0$6215<6,//:,7+'5,3 &$676721( &$676721(/,17(/:,7+'5,3 &$676721(6,//:,7+'5,3 48$57=&2817(5723:,7+63/$6+$66+2:1 &/$<7,/(522) 35(),1,6+('0(7$/&$123<*877(5)$6&,$ +2//2:0(7$/'225$1')5$0( $/80,1806725()5217 $/80,1806725()5217'225 3257/$1'&(0(17678&&2210(7$//$7+ +($9<7,0%(575(//,6 (;7(5,25/,*+7,1*6&21&(  (;7(5,25(/(9$7,211257+$5($%  (;7(5,25(/(9$7,21:(67$5($%  (;7(5,25(/(9$7,216287+$5($%  (;7(5,25(/(9$7,21($67$5($%12 5(9,6,21 '$7(Resolution 17-35 831ƒ :1ƒ :'29(52$''$9,6%28/(9$5':(67/$.(),5($1'(0667$7,21123523(57</,1(%8,/',1*6(7%$&.%8,/',1*6(7%$&.:(67/$.(),5($'0,1 $/7(51$7(  87,/,7<($6(0(17$6$6$6+26('5<5$&.7<37<3   (;,67,1*3$9,1*1(:3$9,1*1(:6,'(:$/.%,26:(//'(6&5,37,213$77(56,7(/(*(1'127(3529,'(3(56,7(3/$121(($&++&3$5.,1*63$&( 0,10$;    0,1   58%%(' ',$   0 $;     0,172 ('*(2)%/'* 0,1 0,10$ 0,13$9('7<33$9('/$1',1* 0,10,1/$1',1*:,7+0$;6/23(/$1',1*:,7+0$;6/23(.(<127(6 (;,67,1*&21&5(7(&85% (;,67,1*&21&5(7(6,'(:$/. 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SPECS9" MIN.REF. PLANS / SCHED.FOR SPACING1'-4"1"2SHRUB PLANTINGNTS1GROUNDCOVER PLANTINGNTS23 HTSUBGRADE6BOULDER1"=1'-0"13 HTB-01,B-02BOULDERFINISH GRADEREF PLANS4"1" - 3" MAXDIA. DARK GRAY/BLACKMEXICAN BEACH PEBBLECOMPACTEDSUBGRADEADJACENT PAVINGWEED CONTROL FABRIC5STONE MULCH DETAIL1-1/2"=1'-0"BRW PROJECT NUMBERCOPYRIGHT © 2017BROWN REYNOLDS WATFORD ARCHITECTS, INC.DRAWN BYDATECHECKED BYDMJHJUNE 13, 2017216128.00LANDSCAPE PLANDAVIS AND DOVEWESTLAKE, TX 76262TOWN OF WESTLAKEFIRE / EMS STATIONNO.1NO. REVISIONDATESCALE 1" = 40'4008020MATERIAL SCHEDULESYMBOLQUANTITYCOMMON NAME COMMON NAME SIZETREES15 TEXAS ASHFraxinus texensis3' CAL.15 LIVE OAKQuercus virginiana3' CAL.13 BOSQUE ELMUlmus parvifolia 'Bosque'3' CAL.9 CEDAR ELMUlmus crassifolia3' CAL.27LOBLOLLY PINEPInus taeda3' CAL.3 CHINESE PISTACHEPistachia chinensis3' CAL.8 EASTERN RED CEDARJuniperus virginiana3' CAL.11VITEXVitex agnus-castus8 TO 10'6 POSSUMHAW HOLLYIlex vomitoria8 TO 10'17TEXAS RED BUDCercis canadensis var. texensis 8 TO 10'15 DESERT WILLOWChilopsis linearis8 TO 10'SHRUBSTEXAS SAGELeucophyllum frutescens3 GAL - 36" O.CDWARF YAUPON HOLLYIlex vomitoria 'Nana'3 GAL - 36" O.CRED YUCCAHesperaloe parvifolia3 GAL - 36" O.CCOTONEASTERCotoneaster horizontalis3 GAL - 36" O.CMOUNTAIN SAGESalvia regla3 GAL - 36" O.CORNAMENTAL GRASSESGULF MUHLYMuhlenbergia capillaris3 GAL - 36" O.CHAMELN GRASSPennisetum alopecuroides 'Hameln'1 GAL - 18" O.CMEXICAN FEATHERNassella tenuissima1 GAL - 18" O.CFOUNTAIN GRASSPennisetum setaceum 3 GAL - 36" O.CWEEPING LOVE GRASSEragrostis curvula1 GAL - 18" O.CPERENNIALSTRAILING ROSEMARYRosmarinus officinalis 1 GAL - 18" O.CAUTUMN SAGESalvia greggii1 GAL - 24" O.CCOREOPSISCoreopsis4" POT @ 12"LANTANALantana camera1 GAL - 30" O.CTURKS CAPMalvaviscus arboreus var.drummondii3 GAL - 36" O.CGROUNDCOVERFROG FRUITPhyla nodiflora4" POT @ 12"HORSE HERBCalyptocarpus vialis4" POT @ 12"DWARF PERIWINKLEVinca minor4" POT @ 12"VINESCAROLINA JESSAMINEGelsemium sempervirens1 GAL - 24" O.CTURF BERMUDA GRASS SODCYNODON DACTYLONOTHERBED EDGINGDECOMPOSED GRANITEBULL ROCKBOULDERSL1.0TREE SURVEYTREE NUMBER CALIPERSPECIESREMOVED PRESERVED10036"OAKX10112"OAKX10212"OAKX10312"OAKX10412"OAKX10512"OAKX10616"OAKX10712"PINEX10812"OAKX10912"ELMXTREE TO REMAINLEGENDTREE TO BE REMOVEDResolution 17-35 Resolution 17-35 Resolution 17-35 Resolution 17-35 Page 1 of 2 estlake Town Council TYPE OF ACTION Regular Meeting - Action Item Westlake Town Council Meeting Monday, August 28, 2017 TOPIC: Consideration for Adoption an Ordinance Amending CH 78, Streets, Sidewalks, and Other Public Places of the Town’s Code of Ordinances and creating CH 79, Right of Way Management. STAFF CONTACT: Tom Brymer, Town Manager Jarrod Greenwood, Public Works Director/Assistant to the Town Manager Strategic Alignment Vision, Value, Mission Perspective Strategic Theme & Results Outcome Objective Planned / Responsible Development Municipal & Academic Operations High Quality Planning, Design & Development - We are a desirable well planned, high-quality community that is distinguished by exemplary design standards. Preserve Desirability & Quality of Life Strategic Initiative Outside the Scope of Identified Strategic Initiatives Time Line - Start Date: August 28, 2017 Completion Date: August 28, 2017 Revenue Amount: N/A Status - N/A Source - N/A EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY) The proposed ordinance would amend Chapter 78, Streets, Sidewalks, and other Public Places, by removing Article II, Use of Rights of Way and Easements and create a new Chapter 79, Right of Way Management. Chapter 79 would include updated right of way management regulations. Current Situation: The Town current right of way management ordinance was passed in 2000 and includes requirements for any company working within the Town’s right of way, i.e. registration of infrastructure owner, insurance, contractor registration, permit, property restoration. Staff is proposing a revision to the Town’s Code of Ordinances. Page 2 of 2 Why Action is Necessary: While the current ordinance has provided the Town with a way to manage right of way since the 2000 adoption of Ordinance 350 that created Chapter 78, State legislative actions over the years has eroded local control and increased the need for an update in order to continue protecting the interest of the Town of Westlake and its citizens. The most recent bill passed, SB 1004, allows for the installation of small cell nodes on Town owned poles and signals within right of way and limits the Town’s ability to control installations. Traditionally, right-of-way management was handled in municipal franchises. But, beginning in 1999, with the passage of HB 1777 (Chapter 283 of the Local Government Code) municipalities lost franchising authority over telecommunications land lines. In 2005, SB 5 (technically 2 SB 5, since it was passed in the second called session, now Utilities Code chapter 66) took away municipal franchising authority over cable television. The new legislation, SB 1004, which will be chapter 284 of the Local Government Code, for the first time the Legislature has not only provided that facilities – in this case network nodes – can go in the right-of-way, the Legislature has also required that we place network nodes on Town facilities in the right-of-way. Such facilities could include streetlights, traffic signals, and signs. An additional agreement is needed for network nodes to be placed on Town facilities. The new law will allow us to set terms, but we cannot refuse to have the nodes placed on all Town facilities. The new ordinance will be a new chapter in the Code of Ordinances, chapter 79. It will have four articles: (1) Article I which is a general article that includes several key definitions, of note, this legislation will require a different definition for street than for right-of-way; (2) Article II, which will cover the bulk of the right-of-way requirement’s, including the need for authorization to be in the right-of-way, permitting, construction and maintenance standards, conformance with public utilities (relocations), providing maps, improperly installed facilities and abandoned facilities, are some of the sections; (3) Article III is the Design Manual which will address issues unique to the network nodes; and (4) Article IV, which provides a mechanism for requesting an exemption. RECOMMENDATION The ordinance should be passed before September 1, 2017 when the new law takes effect. Staff recommends adoption of this ordinance. ATTACHMENTS Proposed Ordinance Ordinance XXX Page 1 of 39 TOWN OF WESTLAKE ORDINANCE NO. 834 AN ORDINANCE ADDING CHAPTER 79 ENTITLED “RIGHT-OF-WAY MANAGEMENT” OF THE CODE OF ORDINANCES OF THE TOWN OF WESTLAKE, TEXAS BY REPEALING SECTIONS 78-31 THROUGH 78-40 OF ARTICLE II OF CHAPTER 78 AND BY ADDING THE FOLLOWING CHAPTER 79 “RIGHT-OF-WAY MANAGEMENT” PROVIDING FOR DEFINTIONS, PROVIDING FOR UNAUTHORIZED USE OF THE PUBLIC RIGHT-OF-WAY; PROVIDING FOR AUTHORIZATION, REGISTRATION, COMPENSATION AND FEES; CONSTRUCTION PERMITS; PROVIDING FOR CONSTRUCTION AND MAINTENANCE STANDARDS; PROVIDING FOR PLANS OF RECORD; PROVIDING FOR CONFORMANCE WITH PUBLIC IMPROVEMENTS; PROVIDING FOR IMPROPERLY INSTALLED FACILITIES; PROVIDING FOR RESTORATION OF PROPERTY; PROVIDING FOR REVOCATION OR DENIAL OF PERMIT; PROVIDING FOR APPEAL FROM RESPORATION OR DENIAL OF PERMIT; PROVIDING FOR INSPECTIONS; PROVIDING FOR ABANDONED FACILITIES; PROVIDING THAT UNDERGROUND INSTALLATION PREFERRED; PROVIDING FOR AS BUILT MAPS AND RECORDS; PROVIDING FOR COURTESY AND PROPER PERFORMANCE; PROVIDING FOR DRUG POLICY; PROVIDING FORTREE MAINTENANCE; PROVIDING FOR SIGNAGE; PROVIDING FOR GRAFFITI ABATEMENT; PROVIDING FOR ALTERNATE MEANS OR METHOD; WAIVER; PROVIDING FOR ORDERLY USE OF THE RIGHT-OF-WAY BY MULTIPLE UERS; PROVIDING FOR A DESIGN MANUAL; PROVIDING FOR PROHIBITED OR RESTRICTED AREAS FOR WIRELESS FACILITIES IN THE RIGHT-OF-WAY; PROVIDING FOR PREFERRED LOCATIONS; PROVIDING FOR ORDER OF PREFERENCE REGARDING ATTACHMENT TO EXISTING FACILITIES; PROVIDING FOR PLACEMENT REQUIREMENTS; PROVIDING FOR CAMOUFLAGUE REQUIRED WHEN POSSIBLE; PROVIDING FOR GENERAL REQUIREMENTS; PROVIDING FOR ELECTRICAL SUPPLY; PROVIDING FOR INSTALLATION AND INSPECTIONS; PROVIDING FOR REQUIREMENTS IN REGARD TO REMOVAL, REPLACEMENT, MAINTENANCE AND REPAIR; PROVIDING FOR REQUIREMENTS UPON ABANDONMENT; PROVIDING FOR GENERAL PROVISIONS; PROVIDING FOR INSURANCE, INDEMNITY, BONDING AND SECURITY DEPOSITS; PROVIDING FOR DESIGN MANUAL UPDATES; PROVIDING FOR ADMINISTRATIVE HEARING – REQUEST FOR EXEMPTION; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR CRIMINAL PENALTIES; AND AN EFFECTIVE DATE. WHEREAS, the Town of Westlake finds that the right-of-way, including but not limited to the streets, sidewalks, and utilities located therein are vital to the everyday life of its citizens, visitors and businesses; and WHEREAS, the Town of Westlake finds that there is limited available space in the right- of-way for the many competing uses of said space; and Ordinance XXX Page 2 of 39 WHEREAS, the Town is charged with conserving the limited physical capacity of the public rights-of-way which are held in public trust by the Town for the benefit of its citizens, visitors, and businesses; and WHEREAS, the following regulations are necessary to assist in the management of facilities placed in, or over the public rights-of-way and in order to minimize the congestion, inconvenience, visual impact and other adverse effects that can occur during construction in the rights-of-way, and the manage costs to the citizens resulting from the placement of facilities within the public rights-of-way; and to govern the use and occupancy of the public rights-of- way; and WHEREAS, the following regulations are necessary to preserve the physical integrity of the streets and highways; and to control the orderly flow of vehicles and pedestrians; and to keep track of the different entities using the rights-of-way to prevent interference between them; and to assist on scheduling common trenching and street cuts; and to protect the safety, security, appearance, and condition of the public rights-of-way; and WHEREAS, orderly use and management of the rights-of-way is required for economic development; and WHEREAS, the following regulations and necessary to preserve and protect the health, safety and welfare of the Town of Westlake, Texas and its citizens, visitors, travelers, and businesses. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That all matters stated hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirety. SECTION 2: That a new Chapter 79 “Right-of-Way Management” is hereby adopted to read as follows: Chapter 79 - RIGHT-OF-WAY MANAGEMENT ARTICLE I. - GENERAL PROVISIONS Sec. 79-1. – Title; policy and purpose. This chapter may be known and cited as the Right-of-Way Management Ordinance for the Town of Westlake, Texas. The Town of Westlake enacts these regulations to manage the public right-of-way, to ensure public health, safety and welfare and to promote the most efficient use of the right of way first and foremost for the traveling public, and also for water and sewer uses and for utility uses designed to benefit the citizens of the Town of Westlake, including such uses as have been recognized in statutory and common law in the State of Texas. Ordinance XXX Page 3 of 39 Sec. 79-2. - Construction; governing law; venue. This chapter shall be construed under and in accordance with the laws of the State of Texas and the Town Charter and Town Code to the extent that such Charter and Codes are not in conflict with or in violation of the Constitution and laws of the United States or the State of Texas. All obligations of the parties hereunder are performable in Tarrant County, Texas. All provisions of this Chapter shall apply to all persons involved with the Right-of-Way, all work performed therein, any facilities maintained therein or any other matter as applicable. Sec. 79-3. - Scope. This chapter shall be effective within the geographical limits of the Town, including any areas subsequently annexed by the Town. Sec. 79-4. - Definitions. The definitions in this section apply to all of Chapter 79. Abandon and its derivatives means the facilities installed in the right-of-way (including by way of example but not limited to: poles, wires, conduit, manholes, handholes, cuts, network nodes and node support poles, or portion thereof) that have been left by Provider in an unused or non- functioning condition for more than 120 consecutive calendar days unless, after notice to Provider, Provider has established to the reasonable satisfaction of the Town that the applicable facilities, or portion thereof, is still in active use. Access line means(A) means, unless the commission adopts a different definition under Section 283.003, a unit of measurement representing: (i) each switched transmission path of the transmission media that is physically within a public right-of-way extended to the end-use customer's premises within the municipality, that allows the delivery of local exchange telephone services within a municipality, and that is provided by means of owned facilities, unbundled network elements or leased facilities, or resale; (ii) each termination point or points of a nonswitched telephone or other circuit consisting of transmission media located within a public right-of-way connecting specific locations identified by, and provided to, the end-use customer for delivery of nonswitched telecommunications services within the municipality; or (iii) each switched transmission path within a public right-of-way used to provide central office-based PBX- type services for systems of any number of stations within the municipality, and in that instance, one path shall be counted for every 10 stations served; and (B) may not be construed to include interoffice transport or other transmission media that do not terminate at an end-use customer's premises or to permit duplicate or multiple assessment of access line rates on the provision of a single service. Ancillary means secondary, supporting, or subordinate. Antenna means communications equipment that transmits or receives electromagnetic radio frequency signals used in the provision of wireless services. Ordinance XXX Page 4 of 39 Applicable codes means: (A) uniform building, fire, electrical, plumbing, or mechanical codes adopted by a recognized national code organization; and (B) local amendments to those codes to the extent not inconsistent with this chapter Applicant means a person submitting an application or proposal to the Town for a license, franchise, permit or notice to install facilities or equipment or work in the Right-of-Way. Application or proposal are synonymous for the purposes of this chapter. An "application" or "proposal" means the process by which the applicant submits a request and indicates a desire to be granted a license, permit or franchise for all, or a part, of the Town. An "application" or "proposal" includes all written documentation, and official statements and representations, in whatever form, made by an applicant to the Town. Assignment of an authorization or transfer of an authorization means any transaction or action which effectively or actually transfers the authorization or franchise or changes operational or managerial control from one (1) person or entity to another. Authorization or Agreement to use the Right-of-Way means a negotiated privilege pursuant to an agreement between the Town in its discretion and a person, allowing a person to occupy any portion of a street, right-of-way, or easement owned or controlled by the Town, and may be for a limited period of time or for a specific purpose. Certificated telecommunications provider means a person who has been issued a certificate of convenience and necessity, certificate of operating authority, or service provider certificate of operating authority by the commission to offer local exchange telephone service or a person who provides voice service. Collocate and collocation mean the installation, mounting, maintenance, modification, operation, or replacement of network nodes in a public right-of-way on or adjacent to a pole. Commission means the Public Utility Commission of Texas. Communications network means a component or facility that is, wholly or partly, physically located within a public right-of-way and that is used to provide video programming, cable, voice, or data services. Consumer price index means the annual revised consumer price index for all urban consumers for Texas, as published by the Federal Bureau of Labor Statistics. Concealment or Camouflaged means any Wireless Facility or Pole that is covered, painted, disguised, or blended in to its environment or otherwise hidden or kept from sight such that the Wireless Facility blends into the surrounding environment and is visually unobtrusive. A Concealed or Camouflaged Wireless Facility or Pole also includes any Wireless Facility or Pole conforming to the surrounding area in which the Wireless Facility or Pole is located and may include, but is not limited to hidden beneath a façade, blended with surrounding area design, painted to match the supporting area, or disguised with artificial tree branches. Ordinance XXX Page 5 of 39 DAS or Distributed Antenna System shall be included as a type of Network Node and have the same meaning as “Network Node.” Days when not specified shall mean calendar days. Decorative Pole means a streetlight pole specially designed and placed for aesthetic purposes and on which no appurtenances or attachments, other than specially designed informational or directional signage or temporary holiday or special event attachments, have been placed or are permitted to be placed according to nondiscriminatory municipal codes. Design District means an area that is zoned, or otherwise designated by municipal code, and for which the Town maintains and enforces unique design and aesthetic standards on a uniform and nondiscriminatory basis. Disaster emergency or disaster or emergency means an imminent, impending, or actual natural or humanly induced situation wherein the health, safety, or welfare of the residents of the Town is threatened, and includes, but is not limited to any declaration of emergency by Town, state or federal governmental authorities. Easement means, refers to or shall include any public easement or other compatible use, whether created by dedication or by the other means, for uses which include public utility purposes or any other purpose whatsoever. "Easement" may include a private easement used for the provision of utilities, depending upon usage. FCC or Federal Communications Commission means the Federal Administrative Agency, or lawful successor, authorized to oversee cable television and other multi-channel regulation on a national level. Fiber Cable or Fiber Optic Cable means a form of communication transmission that uses light to send data, high quality video and sound. Franchise or Franchise Agreement means the initial authorization, or subsequent renewal granted by the Town in order for a person to construct, operate, and maintain a system in all, or part, of the Town right-of-way. Franchise expiration means the date of expiration, or the end of the term of a franchise, permit or license agreement. Franchise fee means the user fee or charge that the Town requires as payment for using the streets, rights-of-way, public ways, and easements of the Town. Gross receipts means any and all compensation which is derived from the operation of the system, and which is attributable to the systems operations within the Town as allowed by law. Highway right-of-way means right-of-way adjacent to a state or federal highway. Ordinance XXX Page 6 of 39 Historic district means an area that is zoned or otherwise designated as a historic district under municipal, state, or federal law. Law means common law or a federal, state, or local law, statute, code, rule, regulation, order, or ordinance Local means within the geographical boundaries of the Town of Westlake, Texas. Local exchange telephone service has the meaning assigned by Section 51.002, Utilities Code. Mayor means the Mayor for the Town of Westlake, Texas. Macro Tower means a guyed or self-supported pole or monopole greater than the height parameters prescribed by Section 284.103 and that supports or is capable of supporting antennas. Micro Network Node means a network node that is not larger in dimension than 24 inches in length, 15 inches in width, and 12 inches in height, and that has an exterior antenna, if any, not longer than 11 inches. Municipally Owned Utility Pole means a utility pole owned or operated by a municipally owned utility, as defined by Section 11.003, Utilities Code, and located in a public right-of-way. Municipal Park means an area that is zoned or otherwise designated by municipal code as a public park for the purpose of recreational activity, and includes means the various properties under the direction, control and supervision of the Town. MUTCD means Manual of Uniform Traffic Control Devices Network Node means equipment at a fixed location that enables wireless communications between user equipment and a communications network. The term: (A) includes: (i) equipment associated with wireless communications; (ii) a radio transceiver, an antenna, a battery-only backup power supply, and comparable equipment, regardless of technological configuration; and (iii) coaxial or fiber-optic cable that is immediately adjacent to and directly associated with a particular collocation; and (B) does not include: (i) an electric generator; (ii) a pole; or (iii) a macro tower. Network Provider means: (A) a wireless service provider; or (B) a person that does not provide wireless services and that is not an electric utility but builds or installs on behalf of a wireless service provider: (i) network nodes; or (ii) node support poles or any other structure that supports or is capable of supporting a network node. Node Support Pole means a pole as defined by Chapter 284 of the Texas Local Government Code. Park has the same meaning as “Municipal Park.” Permit means a document issued by the Town authorizing installation, removal, modification and Ordinance XXX Page 7 of 39 other work for equipment or facilities in accordance with the approved plans and specifications. Pole means a service pole, municipally owned pole, node support pole, or other utility pole, and shall include network node support pole. Person means any individual, corporation, business, trust, estate, trust, partnership, association of two (2) or more persons having a joint common interest, governmental agency, or other legal entity, including the Town. Provider has the same meaning as “Network Provider.” PROWAG means Public Right-of-Way Accessibility Guidelines. Public Right-of-Way Management Ordinance means this chapter 79 of the Town of Westlake Ordinances and includes all other Westlake ordinances that comply with Chapter 284 of the Local Government Code. Right-of-Way, Public Way or Public Right-of-Way or Public Rights-of-Way or Rights-of- Way or Right-of-Way means the surface of, and the space above and below a public street, road, highway, freeway, land, path, public way or place, alley, court, boulevard, parkway, drive, or other easement now or hereafter held by the Town (including any street, as defined, which is acquired by eminent domain) for the purpose of public travel and shall include other easements or rights-of-way now or hereafter held by the Town (including any easements or rights-of-way acquired by eminent domain) which shall, with their proper use and meaning, entitle the Town or utility provider, with proper authorization, to use thereof for the purpose of installing or transmitting utilities over poles, wires, cable, conductors, ducts, conduits, viaducts, manholes, amplifiers, appliances, attachments, and other property as may ordinarily be necessary. The term does not include a private easement or the airwaves above a public right-of-way with regard to wireless telecommunications. Service Pole means a pole, other than a Municipally Owned Utility Pole, owned or operated by a municipality and located in a Public Right-of-Way, including: (A) a pole that supports traffic control functions; (B) a structure for signage; (C) a pole that supports lighting, other than a Decorative Pole; and (D) a pole or similar structure owned or operated by a municipality and supporting only Network Nodes. Small Cell shall be included as a type of Network Node and have the same meaning as “Network Node.” State means the State of Texas. Street means only the portion of the right-of-way with a specially prepared surface used for vehicular travel, which surface may be concrete, blacktop or other material commonly used to prepare a surface for vehicular travel, and is limited to the area between the inside of the curb (when there is a curb) to the inside of the opposite curb, and does not include the curb area or the area between the two parallel edges of the surface used for vehicular travel where there is no Ordinance XXX Page 8 of 39 curb. A Street is generally part of, but less than, or smaller in width than, the size or width of the right-of-way. Right-of-Way includes the sidewalks and utility easements and Street does not include a sidewalk or utility easement. A Street does not include the curb, sidewalk, ditch, if any or present either at time of permitting or if added later. SWPPP shall mean Storm Water Pollution Prevention Plan. TAS means Texas Accessibility Standards. TMUTCD means the Texas Manual of Uniform Traffic Control Devices Thoroughfare shall have the same meaning as “Street.” TMUTCD means Texas Manual of Uniform Traffic Control Devices. Town means the Town of Westlake, Texas or its lawful successor, and includes the Westlake Town Council. Town Council or Council/Franchising Authority means the Town council for the Town of Westlake, Texas or its lawful successor, which is the governing body for the Town. Town Manager shall mean the Westlake Town Manager or designee. Traffic Signal means any device, whether manually, electrically, or mechanically operated by which traffic is alternately directed to stop and to proceed. Transport Facility means each transmission path physically within Right-of-Way, extending with a physical line from a Network Node directly to the network, for the purpose of providing backhaul for Network Nodes. U.S.C. means United States Code. Underground District or Underground Requirement Area or Underground Area means an area where poles, overhead wires, and associated overhead or above ground structures have been removed and buried or have been approved for burial underground pursuant to municipal ordinances, zoning regulations, state law, private deed restrictions, or other public or private restrictions, that prohibit installing aboveground structures in a Public Right-of-Way. User means a person or organization that owns, places or uses facilities occupying the whole or a part of a public street or right-of-way, depending on the context. Utility Pole means a pole that provides: (A) electric distribution with a voltage rating of not more than 34.5 kilovolts; or (B) services of a telecommunications provider, as defined by section 51.002 of the Utilities Code. Ordinance XXX Page 9 of 39 Voice service means voice communications services provided through wireline facilities located at least in part in the public right-of-way, without regard to the delivery technology, including Internet protocol technology. The term does not include voice service provided by a commercial mobile service provider as defined by 47 U.S.C. Section 332(d). Wireless Service means any service, using licensed or unlicensed wireless spectrum, including the use of Wi-Fi, whether at a fixed location or mobile, provided to the public using a Network Node. Wireless Service Provider means a person that provides Wireless Service to the public. Wireless facilities means “Micro Network Nodes,” “Network Nodes,” and “Node Support Poles” as defined in Texas Local Government Code chapter 284. Sec. 79-5. Unauthorized use of public rights-of-way. The Town may institute all appropriate legal action to prohibit any person from knowingly using the public rights-of-way unless the person has complied with the terms of this article. This chapter shall not be construed as imposing upon the Town or any official or employee any liability or responsibility for damages to any person injured by the performance of any work for which a permit is issued hereunder, nor shall the Town or any official or employee thereof be deemed to have assumed any such liability or responsibility by reason of inspections authorized hereunder, the issuance of any permit or the approval of any work. Sec. 79-6 Reserved ARTICLE II RIGHT-OF-WAY MANAGEMENT Sec. 79-7. - Right-of-way construction. No person shall commence or continue with the construction, installation or operation of facilities within the right-of-way in the Town except as provided by the ordinances of the Town and the directives of the Town Manager. All construction activity in Town right-of-way will be in accordance with this chapter. Sec. 79-8. – Authorization; Registration; Compensation and Fees. A. Registration (1) In order to protect the public health, safety and welfare, all users of the right-of-way will register with the Town of Westlake. (2) Registration and permits will be issued in the name of the person who will own the facilities. Ordinance XXX Page 10 of 39 (3) Registration and permits are not authorizations to install facilities in the rights-of-way, such authorization must be through municipal franchise or license or municipal agreement, except when otherwise required by state law. (4) Registration must be renewed annually. For utilities with a current franchise or license, the franchise or license will be evidence of renewal. If a registration is not renewed and subject to sixty-day notification to the owner, the facilities of the user will be deemed to have been abandoned. (5) When any information provided for the registration changes, the user will inform the Town of Westlake of the change no more than thirty (30) days after the date the change is made. (6) Registration shall include: (a) The name of the user of the right-of-way; (b) The name, address and telephone number of people who will be contact person(s) for the user; (c) The name, address and telephone number of any contractor or subcontractor, if known, who will be working in the right-of-way on behalf of the user; (d) The name(s) and telephone number of an emergency contact who shall be available twenty-four (24) hours a day and said emergency contact shall be employed by and have binding and decision-making authority for the owner of the facilities;; (e) Insurance (i) Prior to construction in the right-of-way, an applicant must provide, and users must maintain, acceptable proof of liability insurance in the total amount of six million dollars ($6,000,000); one million dollars ($1,000,000) primary plus five million dollars ($5,000,000) umbrella if requested by the owner of the facilities, or other provisions as acceptable to the director of financial services or designee. The Town reserves the right to review the insurance requirements and to reasonably adjust insurance coverage and limits when the Town Manager determines that changes in statutory law, court decisions, or the claims history of the industry or the applicant or user require adjustment of the coverage. (ii) The coverage must be on an "occurrence" basis and must include coverage for personal injury, contractual liability, premises liability, medical damages, underground, explosion and collapse hazards. (iii) Each policy must include a cancellation provision in which the insurance company is required to notify the Town in writing not fewer than thirty (30) days before canceling, failing to renew, or reducing policy limits. (iv) The applicant shall file the required original certificate of insurance prior to any commencement of work. The certificate shall state the policy number; name of the insurance company; name and address of the agent or authorized representative of the insurance company; name, address and telephone number of insured; policy expiration date; and specific coverage amounts. The Town may accept a certificate of insurance or the Town may require another form of legally binding proof of insurance. (v) An insurer has no right of recovery against the Town. The required insurance policies shall protect the person and the Town. The insurance shall be primary coverage for losses covered by the policies. (vi) The policy clause "other insurance" shall not apply to the Town if the Town is an insured under the policy. (f) Bonds Ordinance XXX Page 11 of 39 (i) Applicant or Applicant’s contractor, at Town’s option, shall file an annual surety bond which will be valid each year construction will occur through one (1) full year after the completion of the construction from a surety company authorized to do business in the State of Texas in the amount of the estimated amount of the cost to restore the right-of-way for the work anticipated to be done in that year, in the event the applicant leaves a job site in the right- of-way unfinished, incomplete or unsafe or other provisions as acceptable to the Town Manager or designee. (ii) The above requirements may be met by utilities with a current franchise or license if their current franchise or license adequately provides for insurance or bonds or provides an indemnity in favor of the Town. (g) Indemnity (i) to the extent allowed by state law, each person placing facilities in the public rights-of-way shall agree to promptly defend, indemnify and hold the Town harmless from and against all damages, costs, losses or expenses (i) for the repair, replacement, or restoration of Town's property, equipment, materials, structures and facilities which are damaged, destroyed or found to be defective as a result of the person's acts or omissions, (ii) from and against any and all claims, demands, suits, causes of action, and judgments for (a) damage to or loss of the property of any person (including, but not limited to the person, its agents, officers, employees and subcontractors, Town's agents, officers and employees, and third parties); and/or (b) death, bodily injury, illness, disease, loss of services, or loss of income or wages to any person (including, but not limited to the agents, officers and employees of the person, person's subcontractors and Town, and third parties), arising out of, incident to, concerning or resulting from the negligent or willful act or omissions of the person, its agents, employees, and/or subcontractors, in the performance of activities pursuant to this article. (ii) This indemnity provision shall not apply to any liability resulting from the negligence of the Town, its officers, employees, agents, contractors, or subcontractors. (iii) The provisions of this indemnity are solely for the benefit of the Town and are not intended to create or grant any rights, contractual or otherwise, to any other person or entity. (7) The above requirements may be met by utilities with a current franchise or license if their current franchise or license adequately provides for insurance or bonds or provides an indemnity in favor of the Town. (8) Failure to maintain registration requirements. In addition to all other legal penalties, including criminal penalties; failure to register or to maintain and update registration information may result in denial of a permit application or removal of facilities. B. Authorization (1) Municipal Authorization or Agreement shall be required, except when clearly preempted by state law. Nothing in this ordinance shall be considered to grant authorization to any user. When any state law authorizing right-of-way use is struck down, pre-empted, declared to be invalid or void, in whole or in part, the user relying upon said law for authorization shall seek separate authorization or shall cease using the right-of-way. (2) When Municipal Authorization or Agreement is required, permit for construction work may not be submitted until said Authorization or Agreement is obtained. (3) Municipal authorization does not extend to the use of any property or facilities other than the right-of-way. Ordinance XXX Page 12 of 39 (4) Municipal authorization does not address or allow the use of third party facilities in the right-of-way. (5) This Chapter does not constitute or create authority to place, reconstruct, or alter facilities in, on, or over the public rights-of-way, and said authority must be obtained by separate instrument in accordance with this section or by operation of other laws. C. Compensation and fees (1) Municipal right-of-way use shall be compensated as required by the state constitution, state law, franchise, license or other agreement. (2) The Town may structure due dates on payments in such a manner so as to be administratively efficient. (3) Application fees, as allowed by state law, for work or installations in the right-of-way shall be the fees set by the Town Council. Such fees may be set by ordinance, resolution, in the budget or by any other lawful means. (4) Failure to pay application fees, or failure of any payment to properly process shall result in the denial or withdraw of a permit. Sec. 79-9 Construction in the right-of-way. A. No person shall perform any construction or installation of facilities in the right-of-way without first obtaining a construction permit, except as provided herein. The permit will be in the name of the person who will own the facilities to be constructed. The permit must be completed and signed by a representative of the owner of the facilities to be constructed. (1) Emergency responses related to existing facilities may be undertaken without first obtaining a permit; however the Town should be notified in writing within two (2) business days of any construction related to an emergency response; including a reasonably detailed description of the work performed in the right-of-way and an updated map of any facilities that were relocated, if applicable. (2) The phrase "construction or installation of facilities" does not include the installation of facilities necessary to initiate service to a customer's property, or repair or maintenance of existing facilities unless such repair or maintenance requires the breaking of pavement; the closure of a nonresidential traffic lane; excavation or boring. B. The permit shall state to whom it is issued, location of work, location of facilities, dates and times work is to take place and any other conditions set out by the Town Manager or designee. C. The person requesting a permit will provide the Town Manager or designee with documentation in the format specified by the Town Manager describing: (1) The proposed, approximate location and route of all facilities to be constructed or installed and the applicant's plan for right-of-way construction should be shown on a set of scaled dimensioned construction plans, plan/profile sheet, a street view and an aerial map. Said plans should indicate the current right-of-way lines and any existing Town facilities. Said plans shall show any proposed underground conduit, type of casing pipe required, if applicable, overhead Ordinance XXX Page 13 of 39 lines, network nodes, ancillary equipment, or any other facilities to be installed. The drawings shall show a cross sectional profile, identify all existing utilities and any existing or potential utility conflicts. (2) For installation of any proposed pole applicant shall provide sectional detail showing depth of anchor, scaled dimensional drawings of the proposed pole, as well as any other proposed equipment associated with the proposed installation, and shall indicate spacing from existing curb, driveways, sidewalk, light poles, and any other poles or appurtenances. (3) All applications shall include a before and after street view image. The after-image needs to include any proposed poles and all proposed attachments, and any associated or ancillary equipment, whether attached or standalone. (4) If the project is within the State right-of-way, the applicant must provide evidence of a permit or permission from the State. (5) If a Town pole or poles or light structure or structures will be used or will be in the area of the proposed construction, the pole or poles or light structure or structures will be identified. No electric meter shall be mounted on a Town pole or light structure. (6) When connecting to any Town infrastructure, Provider / Applicant shall provide key to meter and/or disconnect upon installation. (7) All plans shall reflect that no facilities to be installed will obstruct an existing or planned sidewalk, walkway, bicycle lane or lane of vehicular traffic. (8) Engineering plans which will be on a scale of one (1) inch equals fifty (50) feet unless otherwise approved by Town Manager. (9) Detail of the location of all right-of-way and utility easements which applicant plans to use. (10) Detail of all existing Town utilities in relationship to applicant's proposed route. (11) Detail of what applicant proposes to install, such as network nodes, poles, pipes, size, number of innerducts, valves, or other facilities. (12) Detail of plans to remove and replace asphalt or concrete in streets (include Town of Westlake standard construction details). (13) Drawings of any bores, trenches, handholes, manholes, switch gear, transformers, pedestals, network nodes, micro-network nodes, or other facilities, including depth located in public right-of-way. (14) Handhole and/or manhole typicals of type of manholes and/or handholes applicant plans to use or access. (15) Complete legend of drawings submitted by applicant. (16) If paper copies are required, five (5) sets of engineering plans must be submitted with permit application. (17) The name, address and phone numbers of the contractor or subcontractor who will perform the actual construction, including the name and telephone number of an individual with the contractor who will be available at all times during construction. Such information shall be required prior to the commencement of any work. (18) The construction and installation methods to be employed for the protection of existing structures, fixtures, and facilities within or adjacent to the right-of-way, and the dates and times work will occur, all of which (methods, dates, times, and other applicable information) are subject to approval of the Town Manager or designee. (19) A statement that the requirements of subsection 79-8 “Registration” are met. Ordinance XXX Page 14 of 39 (20) A traffic control plan approved by the Town Manager, which shall specify the traffic control measures to be provided, SWPPP, and trench safety plan may also be required based on the proposed scope of work. An approved traffic control plan shall be required any time work will require traffic lane closures or sidewalk closures, regardless of whether a permit is required. (21) No projecting attachments shall be less than eight (8) feet above the ground, if not projecting toward the street. If an attachment is projecting toward the street, the attachment shall be installed no less than sixteen (16) feet above the ground. (22) Any proposed work that involves the installation of facilities that will utilize radio frequencies shall not cause any interference with Town public safety radio system, traffic signal light system or other Town communications systems or components, regardless of whether or not a permit is required. The right-of-way user shall provide evidence in a form acceptable to the Town that the proposed installation will be compatible with said Town systems and will not cause any interference with the Town public safety radio system, traffic signal light system or other Town communications systems or components. No installation shall be allowed to be installed or to remain in the right-of-way that causes any such interference. (23) The plans shall demonstrate that all federal and state laws and Town ordinances will be obeyed, and that all sections of this Chapter, including Article II “Design Manual” will be complied with as applicable. Construction in right-of-way adjacent to a school shall be required to follow all state law requirements, including the requirements in the Educational Code regarding work on school grounds, including but not limited to chapters 21 and 22, as applicable. D. All construction and installation in the right-of-way shall be in accordance with the permit for the facilities. The Town Manager or designee shall be provided access to the work and to such further information as he or she may reasonable require to ensure compliance with the permit. E. A copy of the construction permit and approved engineering plans shall be maintained at the construction site and made available for inspection by the Town Manager or designee at all times when construction or installation work is occurring. F. All construction or installation work authorized by permit must be completed in the time specified in the construction permit. If the work cannot be completed in the specified time periods, the permittee may request an extension from the Town Manager or designee. The Town Manager or designee will use best efforts to approve or disapprove a request for permit as soon as possible. G. A copy of any permit or approval issued by federal or state authorities for work in federal or state right-of-way located in the Town of Westlake, if requested by the Town Manager and a copy of written permission for work in railroad right-of-way from the applicable railroad or transit authority, as applicable, if requested by the Town Manager; H. A request for a permit must be submitted at least ten (10) working days before the proposed commencement of work in the request, unless waived by the Town Manager or designee. Ordinance XXX Page 15 of 39 I. Requests for permits will be approved or disapproved by the Town Manager or designee within a reasonable time or receiving all the necessary information. The Town Manager or designee will use best efforts to approve or disapprove a request for permit as soon as possible. J. The Town Manager or the applicant can request a pre-construction meeting with the permittee and their construction contractor. K. Permit applications are required for construction on new, replacement or upgrading of the company's facilities in the right-of-way either aerial or underground. L. The failure of a person to request and obtain a permit from the Town prior to performing any of the above listed activities in, or over any right-of-way, except in an emergency, will subject the person to a stop-work order from the Town and enforcement action pursuant to the Town’s Code of Ordinances. M. If the person receiving the permit fails to act upon the permit within one hundred eighty (180) calendar days of issuance, the permit shall become invalid, and the person will be required to obtain another permit. N. If State or Federal law provides that a permit is not required for certain work to be done, then a person proposing to do such work shall be required to provide notice two (2) working days prior to performing such work. The requirements of this chapter must be met, even if no permit is required pursuant to State or Federal law: O. Certification of a State of Texas registered professional engineer that the drawings, plans and specifications submitted with the application comply with applicable technical codes, rules, regulations, and publicly disclosed design specifications establishes in the Town’s Right of Way Management requirements, including the Design Manual are required. Sec. 79-10. Construction and Maintenance standards. A. The following shall be required when facilities are constructed in the Right-of-Way, regardless of whether a permit is required, and, to the extent applicable, for as long as the facilities remain in the Right-of-Way. (1) The Town must be notified twenty-four (24) hours in advance that construction is ready to proceed by the right-of-way user, their contractor or representative. The right-of-way user or contractor must have previously called for any needed locations for right-of-way facilities. At the time of notification, the right-of-way user will inform the Town Manager of the number (or other information) assigned from the one-call system. The provider must have previously contacted the Town and obtained all needed locational information for Town utilities. (2) All construction shall be in conformance with all Town codes and applicable local, state and federal laws and must be done in a good and workmanlike manner and in accordance with all applicable sections of this chapter. (3) Three by three (3 × 3) feet information signs stating the identity of the person doing the work, telephone number and permittee's identity and telephone number shall be placed at the location where construction is to occur forty-eight (48) hours prior to the beginning of work in Ordinance XXX Page 16 of 39 the right-of-way and shall continue to be posted at the location during the entire time the work is occurring. An informational sign will be posted on public right-of-way one hundred (100) feet before the construction location commences and each one hundred (100) feet thereafter, unless other posting arrangements are approved or required by the Town Manager. (4) Erosion control measures (e.g. silt fence) and advance warning signs, markers, cones and barricades must be in place before work begins. (5) Lane closures on major thoroughfares will be limited after 8:30 a.m. and before 4:00 p.m. unless the Town Manager grants prior approval. Arrow boards will be required on lane closures, with all barricades, advanced warning signs and thirty-six (36) inch reflector cones placed according to the specifications of the Town Manager and must be in accordance with the filed lane closure plan approved by the Town Manager. (6) Permittees are responsible for the workmanship and any damages by a contractors or subcontractors. A responsible representative of the permittee will be available to Town staff at all times during construction. (7) Permittee shall be responsible for storm water management erosion control that complies with Town, state and federal guidelines. Requirements shall include, but not be limited to, silt fencing around any excavation that will be left overnight, silt fencing in erosion areas until reasonable vegetation is established, barricade fencing around open holes, and high erosion areas will require wire backed silt fencing. Upon request permittee may be required to furnish documentation submitted or received from federal or state government. (8) Permittee or contractor or subcontractor will notify the Town Manager immediately of any damage to other utilities, either Town or privately owned. (9) It is the Town's policy not to cut streets or sidewalks; however, when a street or sidewalk cut is required, prior approval must be obtained by the Town Manager and all requirements of the Town Manager shall be followed. Repair of all street and sidewalk removals must be made promptly to avoid safety hazards to vehicle and pedestrian traffic. (10) Installation of facilities must not interfere with Town utilities, in particular gravity dependent facilities. (11) New facilities must be installed to a depth approved by the Town Manager. (12) All directional boring shall have locator place bore marks and depths while bore is in progress. The boring method and bore pit locations shall be identified. Locator shall place mark at each stem with paint dot and depth at least every other stem. (13) The working hours in the rights-of-way are 9:00 a.m. to 4:00 p.m., Monday through Friday. Work that needs to be performed after 4:00 p.m. Monday through Friday must be approved in advance. Any work performed on Saturday must be approved twenty-four (24) hours in advance by the Town Manager. Directional boring is permitted only Monday through Friday 9:00 a.m. to 4:00 p.m., unless other hours are approved in advance. No work will be done on Sundays or Town holidays, except for emergencies. (14) People working in the right-of-way are responsible for obtaining line locates from all affected utilities or others with facilities in the right-of-way prior to any excavation. Use of the Geographic Information System or the plans of records does not satisfy this requirement. (15) Permittee will be responsible for verifying the location, both horizontal and vertical, of all facilities. When required by the Town Manager, permittee shall verify locations by pot holing, hand digging or other method approved by the Town Manager prior to any excavation or boring with the exception of work involving lane closures, as discussed above. Ordinance XXX Page 17 of 39 (16) Placement of all manholes and/or hand holes must be approved in advance by Town Manager. Handholes or manholes will not be located in sidewalks, unless approved by the Town Manager. (17) Locate flags shall not be removed from a location while facilities are being constructed. (18) Construction which requires pumping of water or mud shall be contained in accordance with Town of Westlake ordinances and federal and state law and the directives of the Town Manager. (19) All facilities installed in the right-of-way shall be in earth tone colors or in colors that blend with the surroundings, or if on a Service Pole or Municipally Owned Pole shall match the color and finish of the pole, or must be approved by the Town. (20) All facilities installed in the right-of-way shall be uniquely identified and provided through a GIS shape file or other means as acceptable to the Town Manager or designee. Said identification shall be provided at the time of application and shall be visible on the facilities when installed. (21) Above ground wires shall be located on only one side of the right-of-way. (22) The right-of-way user or contractor must obtain any needed permits for electrical work and provide sealed engineered drawings for conduit size, circuit size, calculations for Amperage, or any other required information. Provider shall be responsible for obtaining any required electrical power service to any installation, which shall be underground. Any such electrical supply must be separately metered and must match Town infrastructure voltage. (23) Right-of-way users shall complete construction as expeditiously as possible and lane closures or work that inconveniences the traveling public shall be minimized. Lane closures shall not last longer than four (4) hours, unless a different period of time is shown on the permit. (24) Right-of-way work shall be completed in the amount of time shown on the permit; but if no completion time is shown on the permit the work shall be complete in not more than six (6) months. (25) All right-of-way work and facilities installed shall be done in a good workman like manner; shall meet all applicable codes; shall be maintained and kept in good repair and shall be aesthetically pleasing. (26) All efforts shall be made to avoid or minimize negative visual impact to the surrounding area and to enhance the safety requirement for vehicles and pedestrians, particularly in areas where small children or other vulnerable members of the population may be located. (27) Installations which require ancillary ground equipment with a footprint of twenty-five (25) square feet or more shall be spaced at least 300 feet apart. (28) The name, address and phone numbers of the contractor or subcontractor who will perform the actual construction, including the name and telephone number of an individual with the contractor who will be available at all times during construction. Such information shall be required prior to the commencement of any work. (29) A statement that the requirements of subsection 79-8 “Registration” are met. (30) A traffic control plan, which shall specify the traffic control measures to be provided, SWPPP, and trench safety plan may also be required based on the proposed scope of work. An approved traffic control plan shall be required any time work will require traffic lane closures or sidewalk closures, regardless of whether a permit is required. (31) A traffic control plan approved by the Town Manager, which shall specify the traffic control measures to be provided, SWPPP, and trench safety plan may also be required based on Ordinance XXX Page 18 of 39 the proposed scope of work. An approved traffic control plan shall be required any time work will require traffic lane closures or sidewalk closures, regardless of whether a permit is required. (32) Any proposed work that involves the installation of facilities that will utilize radio frequencies shall not cause any interference with Town public safety radio system, traffic signal light system or other Town communications systems or components, regardless of whether or not a permit is required. The right-of-way user shall provide evidence in a form acceptable to the Town that the proposed installation will be compatible with said Town systems and will not cause any interference with the Town public safety radio system, traffic signal light system or other Town communications systems or components. No installation shall be allowed to be installed or to remain in the right-of-way that causes any such interference. B. To the extent applicable, the above requirements shall continue during the entire time that the installed facilities remain in the Right-of-Way. Sec. 79-11. Plans of record A. Right-of-way users will provide the Town Manager or designee with plans of record within ninety (90) calendar days of completion of facilities in the right-of-way. Users which have facilities in the right-of-way existing as of the date of this ordinance who have not provided plans of record shall provide one-quarter (1/4) of the information concerning facilities in Town right-of-way within one (1) year after the passage of the ordinance and one-quarter (1/4) each six (6) months thereafter. The plans shall be provided to the Town with as much detail and accuracy as required by the Town Manager. All the requirements specified for the plans submitted for the initial permit, as set forth in section 79-9, shall be submitted and updated in the plans of record. The detail and accuracy will concern issues such as location, size of facilities, materials used, and any other health, safety and welfare concerns. The detail will not include matters such as capacity of lines, customers, or competitively sensitive details. Submittal of plans of record shall be in digital format. B. This requirement, or portions of this requirement, may be waived by the Town Manager or designee for good cause. C. If the release of the location of any utilities, including water and sewer, or of plans of record submitted under this section would jeopardize public safety, the information shall be considered confidential. In addition, if plans of record submitted under this section include information expressly designated by the right-of-way user as a trade secret or other confidential information protected from disclosure by state law, the Town Manager may not disclose that information to the public without the consent of the right-of-way user, unless otherwise compelled by an opinion of the attorney general pursuant to the Texas Public Information Act, as amended, or by a court having jurisdiction of the matter pursuant to applicable law. This subsection may not be construed to authorize a right-of-way user to designate all matters in its plans of record as confidential or as trade secrets. D. Users shall maintain accurate maps and other appropriate records of its facilities as they are actually constructed in the Rights-of-Way, including, upon request, the use of Auto CAD/GIS digital format. User will provide additional maps to the Town upon request. Ordinance XXX Page 19 of 39 Sec. 79-12. Conformance with public improvements. Whenever by reasons of widening or straightening of streets, water or sewer line projects, or any other public works or Town projects, (e.g. install or improve storm drains, water lines, sewer lines, or any other public works or Town project) it shall be deemed necessary by the governing body of the Town to remove, alter, change, adapt, or conform the underground or overhead facilities of a right-of-way user to another part of the right-of-way, such alterations shall be made by the owner of the facilities at their expense within the time limits set by the Town Manager working in conjunction with the owner of the facilities, or if no time frame can be agreed upon, within ninety (90) calendar days from the day the notice was sent to make the alterations, unless a different schedule has been approved by the Town Manager or designee. Facilities not moved after ninety (90) calendar days or the time set forth in the notice shall be deemed abandoned and may be removed in accordance with Section 79-18 “Abandoned Facilities.” Sec. 79-13. Improperly installed facilities. A. Any person doing work in the Town right-of-way shall properly install, repair, upgrade and maintain facilities. B. Facilities shall be considered to be improperly installed, repaired, upgraded or maintained if: (1) The installation, repairs, upgrade or maintenance endangers people; (2) The facilities do not meet the applicable Town codes; (3) The facilities are not capable of being located using standard practices; (4) Underground facilities that are installed less than twenty-four (24) inches in depth; (5) Facilities or construction in regard to placement of said facilities that remains incomplete or hazardous after construction work is finished or time for completion has passed, including but not limited to holes in paved areas or ground, handholes or manholes that are improperly sealed, and broken equipment or any other incomplete or hazardous condition. (6) The facilities are not located in the proper place at the time of construction in accordance with the directions provided by the Town Manager. C. Facilities will be considered improperly installed if said facilities cause any interference with Town public safety radio system, traffic signal light system or other communications components. Sec. 79-14. Restoration of property. A. Users of the right-of-way shall restore property affected by construction of facilities to a condition that is equal to or better than the condition of the property prior to the performance of the work. Restoration must be approved by the Town Manager. B. Restoration must be to the reasonable satisfaction of the Town Manager and the property owner. The restoration shall include, but not be limited to: Ordinance XXX Page 20 of 39 (1) Replacing all ground cover with the type of ground cover damaged during work or better either by sodding or seeding, as directed by the Town Manager; (2) Installation of all manholes and handholes, as required; (3) Backfilling all bore pits, potholes, trenches or any other holes shall be filled in daily, unless other safety requirements are approved by the Town Manager; (4) Leveling of all trenches and backhoe lines; (5) Restoration of excavation site to Town specifications; and (6) Restoration of all landscaping, ground cover, hardscaping, and sprinkler systems. C. All locate flags and paint shall be removed during the clean-up progress by the permittee or contractor at the completion of the work. D. Restoration must be made in a timely manner as specified by approved Town schedules and to the satisfaction of Town Manager or designee. If restoration is not satisfactory and performed in a timely manner all work in progress, except that related to the problem, including all work previously permitted but not complete may be halted and a hold may be placed on any permits not approved until all restoration is complete. E. If a person fails to restore property as set out in this section, the Town shall give five (5) calendar days written notice to the person at the address shown on the permit. If the person does not initiate repairs during the five day period, or fails to complete the repairs within thirty (30) calendar days thereafter the Town may elect to repair such portion of the right-of-way as may have been disturbed by the person, its contractors, or agents at the cost of the person performing the right-of-way work. These time periods may be shorten or waived in cases of a threat to public health, safety or welfare. Upon receipt of an invoice from the Town, the person will reimburse the Town for the costs so incurred no later than thirty (30) calendar days from the date of the Town invoice. F. Should the Town reasonably determine, within two (2) years from the date of the completion of the repair work, that any of the said restoration work failed to meet the existing standards of the Town, the person shall perform such additional restoration work to the satisfaction of the Town, subject to all Town remedies. G. Notwithstanding any of the above sections, if the Town determines that the failure of the person to properly repair or restore the right-of-way constitutes a threat to the public health, safety or welfare, the Town may undertake emergency repairs and restoration efforts. The Town may attempt to provide emergency notice to the person responsible, but is not obligated to do so. The right-of-way user shall promptly reimburse the Town for all costs incurred by the Town within thirty (30) calendar days from the date of the Town invoice. Sec. 79-15. Revocation or denial of permit. If any of the provisions of this article are not followed, a permit may be revoked by the Town Manager or designee. If a person has not followed the terms and conditions of this article in work done pursuant to a prior permit, new permits may be denied or additional terms required. Ordinance XXX Page 21 of 39 If a permit is denied upon initial submission for incompleteness or for an issue which is capable of correction, the applicant may complete or correct the application and resubmit the application. Applications not resubmitted within thirty-one (31) calendar days shall be considered withdrawn. Sec. 79-16. Appeal from denial or revocation of permit. An Applicant may appeal from denial or revocation of permit to the Town Manager. Appeal shall be filed with the Town secretary within five (5) calendar days from the date of the decision being appealed. A denial or revocation will be upheld unless a person can show that there is an error and that the person was following all of the requirements of this Article and all right-of-way engineering requirements. Sec. 79-17 Inspections The Town may perform inspections of any right-of-way work, including installations, maintenance, modifications or any other right-of-way work, whether such work is subject to permit requirements or allowed to be done without a permit. The Town may perform visual inspections of any right-of-way work located in the right-of-way as the Town deems appropriate without notice. If the inspection requires physical contact with right-of-way work, the Town may provide the right-of-way user with notice prior to said inspection. Right-of-way user may have a representative present during such inspection. In the event of an emergency situation, the Town may, but is not required to, notify the right-of-way user prior to the inspection. The Town may take any needed action to remediate an emergency. The Town shall notify the right-of-way user as soon as practical after said remediation. Sec. 79-18 Abandoned Facilities A. Duty to Remove. A person that has placed facilities in the right-of-way shall remove said facilities and related equipment when such facilities are Abandoned regardless of whether or not it receives notice from the Town. If in the judgment of the Town, removal of underground facilities would cause damage, this requirement may be waived. B. Time for Removal (1) The Town may notify the person that said facilities must be removed immediately when necessary to ensure public health, safety, and welfare. (2) If immediate removal is not required, the removal must be completed within the time set forth in the written Notice to Remove from the Town and if no time is set out, then within ninety (90) days for the facilities and related equipment being Abandoned. (3) If the facilities are not removed after the 90 day notice to remove, the Town may remove the facilities thirty (30) days after notice of a final finding of abandonment. (4) When a person removes, or Abandons permanent structures in the Right-of-Way, the person shall notify the Town Manager in writing of such removal or Abandonment and shall file Ordinance XXX Page 22 of 39 with the Town Manager the location and description of each facility and ground equipment removed or Abandoned. (5) The Town Manager may require the person to complete additional remedial measures necessary for public safety and the integrity of the Right-of-Way. C. Deemed Abandoned Facilities may be deemed abandoned as set out in this Chapter. Additionally, facilities may be deemed abandoned if: (1) A person does not relocate facilities as set out in 79-12 “Conformance with Public Improvements.” (2) A person does not correct or abate improperly installed facilities as set out in 79-13 “Improperly Installed Facilities.” (3) A person fails to maintain the registration requirements set forth in Section 79-8 “Registration.” (4) A person utilizing the right-of-way cannot be found or contacted. (5) A person utilizing the right-of-way fails to pay the required compensation. (6) A person utilizing the right-of-way fails to comply with the requirements of this Chapter after being given due notice of any deficiencies. The notice requirement shall only apply to persons who have maintained the required Registration as set out in 79-8 “Registration” and are capable of being contacted. Sec. 79-19 Underground installation preferred A. The underground placement of Facilities is encouraged. B. Facilities shall be installed underground where existing utilities are already underground. C. Underground conduits and ducts shall be installed in the Public Rights-Of-Way between the adjacent property line and curb line unless otherwise directed by the Town. D. Conduits and ducts shall be installed parallel with the curb line and cross the Public Rights- Of-Way perpendicular to the Public Rights-Of-Way centerline unless otherwise directed by the Town. E. Ducts and conduits shall be installed by trenchless excavation or directional boring whenever commercially economical and practical. Trenchless excavation shall be used to place Facilities under paved Public Rights-Of-Way centerline unless otherwise directed by the Town. Sec. 79-20 As Built Maps and Records. User shall maintain accurate maps and other appropriate records of its facilities and equipment as they are actually constructed in the Rights-of-Way, including, upon request, the use of Auto CAD/GIS digital format. User will provide additional maps to the Town upon request. Sec. 79-21 Courtesy and Proper Performance. Ordinance XXX Page 23 of 39 User shall make citizen satisfaction a priority in using the Right-of-Way. User shall train its employees to be customer service-oriented and to positively and politely interact with citizens when dealing with issues pertaining to its facilities and related ground equipment in the Right-of- Way. User’s employees shall be clean, courteous, efficient, and neat in appearance and committed to offering the highest quality of interaction with the public. If, in the opinion of the Town Manager or designee, User is not interacting in a positive and polite manner with citizens, the Town Manager may request User to take all remedial steps to conform to these standards. Sec. 79-22. Drug Policy. It is the policy of the Town to achieve a drug-free workforce and workplace. The manufacture, distribution, dispensation, possession, sale, or use of illegal drugs or alcohol by User’s employees, contractors, subcontractors, sub-Network Provider’s, or vendors while on Town Premises is prohibited. Sec. 79-23 Tree Maintenance. User, its contractors, and agents shall obtain written permission from the Town Manager before trimming trees hanging in the Right-of-Way. When directed by the Town Manager, Network Provider shall trim under the supervision and direction of the Town Manager. The Town shall not be liable for any damages, injuries, or claims arising from User’s actions under this section. Sec. 79-24 Signage. User shall post its name, location identifying information, and emergency telephone number in an area on a cabinet of a facility that is visible to the public. Signage required under this section shall not exceed 4” x 6”, unless otherwise required by law (e.g. RF ground notification signs) or the Town Manager. Except as required by Laws or by the Utility Pole owner, User shall not post any other signage or advertising on the facilities or equipment. Sec. 79-25. Graffiti Abatement. As soon as practical, but not later than fourteen (14) calendar days from the date User receives notice thereof, User shall remove all graffiti on any of its facilities and related ground equipment located in the Right of Way and shall restore to the previous condition or better. The foregoing shall not relieve the User from complying with any Town graffiti or visual blight ordinance or regulation. Section 79-26 Alternate means or method; waiver A. A person may file a request with the Town Manager to use alternate means or methods in right-of-way construction or maintenance. In determining whether any requirement under this Ordinance XXX Page 24 of 39 section may be waived or if an alternate method or means may be used, the Town Manager may consider all reasonable factors, including but not limited to: (1) whether the requirement or the alternate means or method or waiving the requirement would subject the person or persons or public to an unreasonable increase in risk; (2) whether the requirement or the alternate means or method or waiving the requirement would subject the person or persons or public to an unreasonable increase of service interruption’ (3) whether the requirement or the alternate means or method or waiving the requirement would subject the person or persons or public to an unreasonable increase in potential for liability for accidents; (4) whether the requirement or the alternate means or method or waiving the requirement would subject the person or persons or public to an unreasonable delay in construction; (5) whether the requirement or the alternate means or method or waiving the requirement would subject the person or persons or public to an unreasonable delay in availability of services; or (6) to any other unreasonable technical or economic burden. B. There shall be no right to receive permission to use an alternative means or method and denial by the Town Manager shall be final. Sec. 79-27 Orderly use of the Right-of-Way by Multiple Users A. In the exercise of governmental functions, the Town has first priority over all other uses of the rights-of-way. Traffic uses shall be considered as the primary use and the Town reserves the right to lay sewer, water, gas and other pipe lines or cables and or cables and conduits, and to do underground and overhead work, including attachments, restructuring or changes in aerial or underground facilities in, across, along, over, or under a public street, alley or right-of-way and to change the curb, sidewalks of the grade of streets. Uses should be designed so as to cause the least interference with traffic, including signalization. B. The Town shall assign the location in or over the rights-of-way among competing users of the rights-of-way with due consideration to the public health, safety and welfare considerations of each user type, and to the extent the Town can demonstrate that there is limited space available for additional users, may limit new users or require removal of abandoned or obsolete facilities, as allowed under state or federal law. C. If the Town authorizes abutting landowners to occupy space under the surface of any street, alley or rights-of-way, the grant to an abutting landowner shall be subject to the rights of the previously authorized users of the public rights-of-way. If the Town closes or abandons a public right-of-way that contains a portion of a person’s facilities, the Town may close or abandon such right-of-way subject to the right of the person, provided said facilities have not been abandoned and provided the person is a registered user of the right-of-way. Sec. 79-28—100. - Reserved. ARTICLE III. – DESIGN MANUAL Ordinance XXX Page 25 of 39 79-101 Purpose This Design Manual is for maintenance of, siting and criteria for the installation of Wireless Facilities, including Micro Network Nodes, Network Nodes, Node Support Poles and related ground equipment and applies to any and all maintenance, siting, installations, collocations, or other placement of, in, over or under the Public Rights-of-Way of Network Nodes, Node Support Poles, Micro Network Nodes, Distributed Antenna System(s), microwave communications or other Wireless Facilities, by whatever nomenclature, whether they are installed pursuant to Chapter 284 of the Local Government Code or installed pursuant to an Agreement to use the Right- of-Way or Authorization or installed as may otherwise be allowed by state law. The Town enacts these design requirements and guidelines in order to meet its fiduciary duty to its citizens, and to give assistance and guidance to Network Providers in the safe, aesthetically pleasing, efficient, and timely installation of facilities. Section 79-102. Prohibited or Restricted Areas for Wireless Facilities in the Right-of-Way A. Prohibited: Municipal Parks and Residential Areas. A Network Provider may not install a new Node Support Pole in the following locations: (1) in a Municipal Park; or (2) in right-of-way that is adjacent to a Street that is: (a) not more than fifty (50) feet wide at average width, measuring vehicular traveled portion only as set out in the definition of “Street” and the measurement does not include intersection and refers only to the main traveled portion measured at mid-block or mid-point between intersections; and (b) adjacent to developed or undeveloped single-family residential lots, other multifamily residential area or land that is designated for residential use by zoning or deed restrictions. (3) Construction in right-of-way adjacent to a school is prohibited, unless all contractors, sub- contractors, or other workers follow all statutory requirements in the Educational Code regarding work on school grounds, including but not limited to chapters 21 and 22. B. Prohibited: Undergrounding District. (1) Above ground structures shall not be installed in an Underground District or Underground Requirement Area, except as provided herein. (2) A Network Provider shall comply with nondiscriminatory undergrounding requirements, including municipal ordinances, zoning regulations, state law, private deed restrictions, and other public or private restrictions, that prohibit installing aboveground structures in a public right-of- way without first obtaining the appropriate zoning, land use approval or other required approval. (3) In addition to areas designated in this ordinance, future areas may be designated from time to time by the Town as Underground Required Areas by any means, including but not limited to means such as ordinances, resolutions, or filed plats. If an area is converted from an area that allows overhead lines to one that prohibits overhead lines, all subsequent installations shall meet the requirements for an Underground District. (4) If a location is designated by the Town to be Underground Required Area, then a Network Provider’s permit for the location of the Micro Network Node, Network Node, Node Support Pole, Ordinance XXX Page 26 of 39 and related ground equipment at such location will be automatically revoked, with removal of said the Micro Network Node, Network Node, Node Support Pole, and related ground equipment at such location within 90 days of such designation, or as otherwise allowed for the transition of other overhead facilities. C. Restricted: Historic District and Design Districts. (1) A Network Provider must obtain advance written approval from the Town before collocating Network Nodes or installing Node Support Poles in a Design District with Decorative Poles or in an area of the Town zoned or otherwise designated as a Design District or Historic District. (2) Concealment Required (a) As a condition for approval of Network Nodes or Node Support Poles in Design Districts with Decorative Poles or in a Historic District, Concealment measures are required for Network Nodes or Node Support Poles or related ground equipment or any portion of the Nodes, poles, or equipment. (b) said Concealment measures shall minimize the impact to the aesthetics in a Historic District or Design District. (3) Network Provider shall comply with and observe all applicable Town, State, and federal laws and requirements, including historic preservation laws and requirements. D. Collocation will not be allowed on decorative poles in any district. E. Historic Landmarks. Network Provider is discouraged from installing a Network Node or Node Support Pole within 300 feet of a historic site or structure or Historic Landmark recognized by the Town, State or Federal government (see, for example, and not limited to §442.001(3) of the Texas Government Code, and 16 U.S.C. §470), as of the date of the submission of the permit. F. Designated Areas (1) The Council may designate an area as a Historic District, Design District or Underground District at any time. (2) Underground District (a) The following Planned Development districts are underground districts: (i) PD1-1 (ii) PD1-2 (iii) PD1-3 (iv) PD2 (v) PD3-1 (vi) PD3-2 (vii) PD3-3 (viii) PD3-4 (ix) PD3-5 (x) PD3-6 (xi) PD3-7 (xii) PD3-8 (xiii) PD3-9 Ordinance XXX Page 27 of 39 (xiv) PD3-10 (xv) PD3-11 (xvi) PD3-12 (xvii) PD4 (b) Underground Districts or Underground Requirement Areas are not limited to those designated above and any area that meets the definition of Underground District or Underground Requirement Area. An area does not need to be designated by this Ordinance to be considered to be within an Underground District. Such designation does not require a zoning case. Any area declared to be an Underground District by Town Council or any area that meets the definition of Underground District or Underground Requirement Area shall be subject to all requirements and protections for an Underground District. (3) Design District (a) The following Planned Development districts are Design Districts: (i) PD1-1 (ii) PD1-2 (iii) PD1-3 (iv PD2 (v) PD3-1 (vi) PD3-2 (vii) PD3-3 (viii) PD3-4 (ix) PD3-5 (x) PD3-6 (xi) PD3-7 (xii) PD3-8 (xiii) PD3-9 (xiv) PD3-10 (xv) PD3-11 (xvi) PD3-12 (xvii) PD4 (b) The Town Council may designate an area as a Design District at any time. An area does not need to be designated in this Ordinance to be considered to be within a Design District. Such a designation does not require a zoning case. Any area designated by Town Council as a Design District or any area that meets the definition of a Design District shall be subject to all requirements and protections for a Design District. (4) Historic District The Town Council may designate an area as a Historic District at any time. An area does not need to be designated by this Ordinance to be considered to be within a Historic District. Such designation does not require a zoning case. Any area declared to be a Historic District by Town Council or any area that meets the definition of Historic District shall be subject to all requirements and protections for a Historic District. G. Defense It shall be a defense to the above requirements prohibiting or restricting location of facilities in a Park, Residential area, Historic District, Design District or Underground District that the Network Provider obtained advance written approval or waiver of restrictions from the Town before Ordinance XXX Page 28 of 39 collocating new Network Nodes or installing new Node Support Poles or ground equipment in a prohibited or restricted location. In any prosecution herein for such prohibition or violation of any restrictions, it shall be an affirmative defense to have an Agreement with the Town that approved such location or waived the applicable restriction. If an Agreement is granted to locate in a prohibited location, the Network Provider shall be required, as a condition for approval of new Network Nodes or new Node Support Poles in a prohibited location, to install reasonable design or concealment measures for the new Network Nodes or new Node Support Poles. Therefore, any request for installations in a prohibited location, must be accompanied with concealment measures in the permit applications. The Town requests that a Network Provider explore the feasibility of using certain camouflage measures to improve the aesthetics of the Network Nodes, Node Support Poles, or related ground equipment, or any portion of the nodes, poles, or equipment, to minimize the impact to the aesthetics in all locations of the Town. H. Private Deed Restrictions and Property Owners Association Rules. A Network Provider installing a Network Node or Node Support Pole in a public right-of-way described above shall comply with private deed restrictions and other private restrictions in the area that apply to those facilities. I. Ground equipment (1) Ground Equipment shall be minimal and the least intrusive at all sites. (2) In order to maximize line of sight at street corners and intersections and minimize hazards at those locations, ground equipment may not be installed within 250 feet of a street corner or street intersection. (3) Ground equipment may not be installed at street corners or intersections within a visibility triangle. (4) Ground equipment shall not be installed near a driveway. J. Each Permit Application shall designate if the requested area for installation is within one a Residential area, a Municipal Park, an Underground District or Underground Requirement Area or a Historic District or a Design District. Sec. 79-103 Preferred Location A. The following locations, in the order listed, are the preferred locations for installation of poles or wireless facilities: (1) Industrial areas. (2) Areas designated by the Town as a Highway Rights-of-Way Area, provided that such areas are not adjacent to a Municipal Park, Residential Area, Historic District, Design District or any prohibited area set out above. (3) Retail and Commercial areas, provided such areas are not in a prohibited location, such as an Underground District, Design District or Historic District. Ordinance XXX Page 29 of 39 B. In the absence of state law or an Agreement or Municipal Authorization providing otherwise, Network Nodes shall be restricted to Preferred Locations set out in this section. 79-104 Order of Preference regarding attachment to existing facilities. A. The following shall be the order of preference for the attachment of Network Nodes to existing facilities, beginning with most preferred location and ending with least preferred location. In addition to the preference set out by the Town, existing facilities may be owned by third parties and may not be available for attachment of facilities or may require authorization from other parties. B. Order of preference from most preferable to least preferable. (1) Most preferable - Existing telephone or electrical lines between existing utility poles. Micro Network Nodes shall only be lashed on existing telephone or electrical lines between existing utility poles (electric poles or telephones poles), with notice to the pole owner as required by the Federal Pole Attachment Act, and not placed on Utility Poles, Node Support Poles or Service Poles. (2) Preferable - Existing Utility Poles (electric poles or telephones poles), shall be the preferred support facility for Network Nodes and related ground equipment. (3) Least preferable - Municipal Service Poles, which shall require an agreement with the Town. Municipal Service Poles includes (in order of preference): (a) Non-decorative street lights. (b) Traffic signal structures – Network Nodes may only be attached to traffic signal structures when such installation will not interfere with the integrity of the facility and will not interfere with the safety of the public. Any installation of Network Node facilities on any traffic signal structures shall: (i) Be encased in a separate conduit than the traffic light electronics; (ii) Have a separate electric power connection than the traffic signal structure; (iii) Shall not puncture or drill into the structure; and (iv) Have a separate access point than the traffic signal structure. (c) Other municipal service pole use is discouraged. (4) New Node Support Poles shall also be least preferred. Collocation shall generally be preferred over new poles. New poles shall not be installed in prohibited areas and shall only be allowed in restricted areas to the extent all requirements are followed or a waiver is granted. Any new poles shall be camouflaged to the extent allowed by law as set out in this Chapter. C. Ground equipment should be minimal and the least intrusive. D. In the absence of state law or an Agreement or Municipal Authorization providing otherwise, Network Nodes, if allowed, shall be restricted to Most Preferable Locations set out in this section and shall be prohibited in the Least Preferable. Sec. 79-105. Placement Requirements. Ordinance XXX Page 30 of 39 A. A Network Provider shall construct and maintain Network Nodes and Node Support Poles in a manner that does not: (1) obstruct, impede, or hinder the usual travel or public safety on a public right-of-way; (2) obstruct the legal use of a public right-of-way by other utility providers; (3) violate nondiscriminatory applicable codes; (4) violate or conflict with the municipality's publicly disclosed public right-of-way management ordinance or this Design Manual. (5) violate the federal Americans with Disabilities Act of 1990 (42 U.S.C. Section 12101 et seq.). B. Network Node facilities shall be installed in accordance with section 79-10 and all other applicable requirements of this Chapter. C. Right-of-Way. (1) Network Nodes installation shall follow all applicable requirements of this chapter, including section 79-10. (2) Network Node facilities, Node Support Poles and related ground equipment shall be placed, as much as possible, within two (2) feet of the outer edge of the Right-of-Way line. (3) Node Support Poles and related ground equipment shall not impede pedestrian or vehicular traffic in the Right-of-Way. (4) No protrusion from the outer circumference of the existing structure or pole shall be more than two (2) feet. D. Parks. For the safety of park patrons, particularly small children, and to allow full line of sights near park property, the Network Provider shall not install Ground Equipment in a Right-of-Way that is within a Park or within 250 feet of the boundary line of a Park. The Network Provider may request a waiver of the requirement that such equipment not be within 250 feet of a park from the Board of Adjustment. E. There shall be no more than one (1) Network Node on any one Pole. Sec. 79-106. Camouflage Required When Possible A. Camouflage is required by the Town when Wireless facilities are allowed, as set forth above, in Design Districts with Decorative Poles or in Historic Districts. B. It is the Town’s preference that all new node support poles be camouflaged, except those located in an area zoned or predominantly industrial. C. Companies shall submit their proposal for camouflage with the permit application. Sec. 79-107. General Requirements A. Confirmation of non-interference with Town Safety Communication Networks. Ordinance XXX Page 31 of 39 (1) The Network Provider shall provide analysis that the proposed network node shall not cause any interference with Town public safety radio system, traffic signal light system, or other Town safety communications components. (2) It shall be the ongoing responsibility of the Network Provider to evaluate, prior to making application for permit and while Network Nodes remain in the Right-of-Way, the compatibility between the existing Town infrastructure and Provider’s proposed Network Node. A Network Node shall not be installed in a location that causes any interference and any Network Node that causes destructive interference post-installation shall correct such interference or be removed and shall follow all federal regulations regarding interference. (3) Network Nodes shall not be allowed on Town’s public safety radio infrastructure. B. Size Limits. (1) Network Providers shall provide detailed drawings, with calculations to show strict conformity to the size limitations as set forth in this Chapter. (2) To the extent authorization is provided by franchise or license, the franchise or license controls. (3) To the extent authorization is provided by state law which sets out size limits, the size limits in the state law control. (4) If authorization is provided through a state law with no size limits, or other authorization with no size limits, the size limits of this section shall control. (5) Unless otherwise provided by state law or Municipal Authorization, License, Franchise or Agreement, the following maximum size limits are applicable (required): (a) Micro Network Node dimensions – Maximum Length: twenty-four 24 inches; Maximum Width fifteen 15 inches; Maximum Height twelve 12 inches. If there is an exterior antenna, it shall not be longer than eleven (11) inches. (b) Network Node Maximum height not to exceed three feet (3’) above existing pole or structure; Maximum volume six (6) cubic feet; and may not protrude more than two feet from the outer circumference of the existing structure or pole. (c) Pole Height Not to exceed the lesser of ten (10) feet in height above the tallest existing utility pole located within 500 linear feet of the new pole or fifty five (55) feet; (d) Ground equipment, separate from the pole, may not be higher than three feet six inches (3’6”) from grade, wider than three feet six inches (3’6”). (e) When not otherwise set out in this ordinance or in a Municipal Authorization, the size limits shall not be greater than size limits set forth for structures or equipment in chapter 284 of the Local Government Code. (f) Size limits may be reduced when necessary for public health, safety or welfare. C. Size limits provided by state law are only applicable for so long as required by state law. If said state law is found to be repealed, struck down, pre-empted or invalid, in whole or in part, the standards required by the Town, either in the Municipal Authorization or an amendment to the Municipal Authorization or the directives of the Town or this Chapter, shall be required and such standards shall be subject to individualized review. D. Concealment. The Network Node facilities shall be concealed or enclosed as much as possible in an equipment box, cabinet, or other unit that may include ventilation openings. External cables and wires hanging Ordinance XXX Page 32 of 39 off a pole shall be sheathed or enclosed in a conduit, so that wires are protected and not visible or visually minimized to the extent possible. E. New Node Support Pole Spacing and Placement. (1) New node support poles shall be at a minimum 300 feet from a utility pole or another Node Support Pole to minimize the hazard of poles adjacent to road ways and to minimize effect on property values and aesthetics on the area, unless a lesser distance is approved by the Town Manager. (2) New poles shall be placed a minimum of 5 feet from a street curb or travel lane and 18 inches from a sidewalk to minimize the potential of being struck by a motor vehicle or bicycle. (3) New poles shall be placed on breakaway anchor bolt supports or bases to minimize the impact severity to motor vehicles that strike the pole. F. Minimize Ground Equipment Concentration. In order to minimize negative visual impact to the surrounding area, the Town’s designee may deny a request for a proposed Location if the Network Provider installs Network Node ground equipment where existing ground equipment already occupies a footprint of 25 sq. ft. or more. G. Allowed Colors. Colors shall meet the requirements set out in Section 79-10 “Construction and Maintenance Standards” (A)(19). H. If any Network Node facilities, Node Support Poles or ground equipment is installed in a location that is not in accordance with the plans approved by the Town Manager and impedes pedestrian or vehicular traffic or does not comply or otherwise renders the Right-of-Way non- compliant with applicable Laws, including the American Disabilities Act, then Network Provider shall remove the Network Node facilities, Node Support Poles or ground equipment. I. Ground Equipment. (1) Ground equipment should be minimal and the least intrusive. To minimize any obstruction, impediment, or hindrance to the usual travel or public safety on a public right-of-way the maximum line of sight required to add to safe travel of vehicular and pedestrian traffic and in order to maximize that line of sight at street corners and intersections and to minimize hazards at those locations, ground equipment may not be installed within 250 feet of a street corner or a street intersection. (2) Ground Equipment near Municipal Parks. For the safety of Municipal park patrons, particularly small children, and to allow full line of sights near Municipal park property, the Network Provider shall not install Ground Equipment in a Right-of-Way that is within a Park or within 250 feet of the boundary line of a Park, unless approved by the Town Manager in writing. (3) To enhance the safety requirements of line of sight of pedestrians, particularly small children, the Town’s designee may deny a request for a proposed Location if the Network Provider installs Network Node ground equipment where existing ground equipment within 300 feet already occupies a footprint of twenty-five (25) square feet or more. (4) Ground equipment shall not be installed in such a manner as to interfere with a sight visibility triangle. Ordinance XXX Page 33 of 39 J. Municipal Service Poles: (1) An Agreement shall be required for all installations on Municipal Service Poles and all such installations shall be in accordance with the Agreement. (2) Installations on all Service Poles shall have an industry standard pole load analysis completed and submitted to the municipality with each permit application indicating that the Service Pole to which the Network Node is to be attached will safely support the load. (3) Height of attachments: (a) All attachments on all Service Poles shall be at least 8 feet above grade; and (b) If a Network Node attachment is projecting toward the street, for the safety and protection of the public and vehicular traffic, the attachment shall be installed no less than sixteen (16) feet above the ground; (c) And meet all applicable requirements of State law and this Chapter. (4) Installations on all Traffic signal structures must not interfere with the integrity of the facility in any way that may compromise the safety of the public and must be in accordance with the agreement with the Town. Installation of Network Node facilities on any traffic signal structures or service pole shall: (a) Be encased in a separate conduit than the traffic light electronics; (b) Have a separate electric power connection than the traffic signal structure; (c) Have a separate access point than the traffic signal structure; (d) Shall not puncture or drill into the structure; (e) Shall not be installed on the mast arm; and (f) Meet all other requirements of State law and this Chapter. (5) Installations on Street signage: Installations on all street signage structures must not interfere with the integrity of the facility in any way that may compromise the safety of the public and must be in accordance with the Agreement with the Town. Installation of Network Node facilities on any street signage structures that has electrics shall: (a) Be encased in a separate conduit than any Town signage electronics; (b) Have a separate electric power connection than the signage structure; (c) Have a separate access point than the signage structure; and (d) Meet all other requirements of State law and this Chapter. (K) Certification (1) Application: Network Node provider will furnish a certification that the proposed Network Node will be placed into active commercial service by or for a Network Provider not later than the 60th day after the date the construction and final testing of the Network Node is completed. (2) Within sixty (60) days after construction is complete, Network Node provider will furnish a certification that the proposed Network Node is in active commercial service by or for a Network Provider and will furnish such certification with its Registration as required by section 79-8. Sec. 79-108. Electrical Supply Network Provider shall be responsible for obtaining any required electrical power service to the Micro Network Node, Network Node facilities, Node Support Poles and ground equipment. The Town shall not be liable to the Network Provider for any stoppages or shortages of electrical power furnished to the Micro Network Node, Network Node facilities, Node Support Poles or ground equipment, including without limitation, stoppages or shortages caused by any act, omission, or Ordinance XXX Page 34 of 39 requirement of the public utility serving the structure or the act or omission of any other tenant or Network Provider of the structure, or for any other cause beyond the control of the Town. Network Provider shall not allow or install generators or back-up generators in the Right-of-Way. Sec. 79-109. Installation and Inspections A. Installation (1) Network Provider shall, at its own cost and expense, install the Micro Network Node, Network Node facilities, Node Support Poles and related ground equipment in a good and workmanlike manner and in accordance with the requirements promulgated by the Town Manager, as such may be amended from time to time. Network Provider’s work shall be subject to the regulation, control and direction of the Town Manager. (2) All work done in connection with the installation, operation, maintenance, repair, modification, and/or replacement of the Micro Network Node, Network Node facilities, Node Support Poles and related ground equipment shall be in compliance with any Agreement with the Town as applicable and all applicable laws, ordinances, codes, rules and regulations of the Town, County, State, and the United States (“Laws”). B. Standard Pole Load Analysis on Attachments to a Service Pole All applications for permits to collocate or attach to any Service Pole must have included in its permit application a completed industry standard individual pole load analysis performed and sealed by an engineer licensed by the State of Texas that indicates that the Service Pole to which the network node is to be attached will safely support the load. Such analysis shall also address safety of pole and attachments in regard to wind loads, collision with motor vehicle, supporting weight of the Node, interference with Town communications systems, and all other pertinent information. C. Inspections The Town Manager may perform visual inspections of any Micro Network Node, Network Node, Node Support Pole or related ground equipment located in the Right-of-Way as the Town Manager deems appropriate without notice. If the inspection requires physical contact with the Micro Network Node, Network Node, Node Support Poles or related ground equipment, the Town Manager shall provide written notice to the Network Provider within five (5) business days of the planned inspection. Network Provider may have a representative present during such inspection. D. No installations shall be placed on the mast arm of a traffic control signal. Sec. 79-110. Requirements in Regard to Removal, Replacement, Maintenance and Repair A. Removal or Relocation by Network Provider (1) If the Network Provider removes or relocates a Micro Network Node, Network Node facilities, Node Support Pole or related ground equipment at its own discretion, it shall notify the Town Manager in writing not less than ten (10) business days prior to removal or relocation. Network Provider shall obtain all Permits required for relocation or removal of its Micro Network Ordinance XXX Page 35 of 39 Node, Network Node facilities, Node Support Poles and related ground equipment prior to relocation or removal. (2) The Town shall not issue any refunds for any amounts paid by Network Provider for Micro Network Node, Network Node facilities, Node Support Poles or related ground equipment that have been removed. (3) Any abandoned or obsolete Micro Network Node, Network Node, Node Support Pole or other related equipment shall be removed in strict accordance with this Chapter and all other applicable ordinances and state law. (4) Network Provider shall remove Micro Network Node, Network Node facilities, Node Support Pole or related ground equipment when such facilities are Abandoned regardless of whether or not notice is received from the Town. Such removal must occur within ninety (90) days from the date of Abandonment, unless additional time is allowed by the Town. The Network Provider shall provide advance written notice of such removal which must be received by the Town at least two (2) working days prior to the removal, except in case of emergency. Such notice shall specify the location and description of each Micro Network Node, Network Node facilities, Node Support Pole or related ground equipment to be removed. (5) The Town Manager may require the Network Provider to complete additional remedial measures necessary for public safety and the integrity of any Town facilities and the Right-of- Way. B. Removal or Relocation Required for Town Project A Network Provider shall relocate or adjust Micro Network Node, Network Node, Node Support Pole and related ground equipment in a public right-of-way in a timely manner in accordance with 79-12 and without cost to the municipality managing the public right-of-way Pursuant to state law and as a condition for occupancy of the right-of-way, the Network Provider may be required by the Town to remove or relocate any of its facilities, including but not limited to, its Micro Network Node, Network Node, Node Support Pole and related ground equipment, or any portion thereof from the Right-of-Way, and Network Provider shall, at the Town Manager’s direction, remove or relocate the same at Network Provider’s sole cost and expense, whenever the Town Manager reasonably determines that the relocation or removal is needed as set out in section 79-12. If Network Provider fails to remove or relocate the Micro Network Node, Network Node, Node Support Pole or related ground equipment, or portion thereof as requested by the Town Manager within 90 days of Network Provider ’s receipt of the request, then the Town shall be entitled to remove the Micro Network Node, Network Node, Node Support Pole or related ground equipment, or portion thereof at Network Provider’s sole cost and expense, without further notice to Network Provider, and Network Provider shall, within 30 days following issuance of invoice for the same, reimburse the Town for its reasonable expenses incurred in the removal (including, without limitation, overhead and storage expenses) of the Micro Network Node, Network Node, Node Support Pole or related ground equipment, or portion thereof. C. Removal Required by Town for Safety or Due to Imminent Danger; or for Improper Permitting or Licensing Ordinance XXX Page 36 of 39 Network Provider shall, at its sole cost and expense, promptly disconnect, remove, or relocate the applicable Micro Network Node, Network Node, Node Support Pole and related ground equipment within the time frame and in the manner required by the Town Manager if the Town Manager reasonably determines that the disconnection, removal, or relocation of any part of a Micro Network Node, Network Node, Node Support Pole and related ground equipment (a) is necessary to protect the public health, safety, welfare, or Town property, (b) the Micro Network Node, Network Node, Node Support Pole and related ground equipment, or portion thereof, is adversely affecting proper operation of streetlights or Town property, or (c) Network Provider fails to obtain all applicable licenses, Permits, and certifications required by Law for its Micro Network Node, Network Node, Node Support Pole and related ground equipment, or use of any Location under applicable law. If the Town Manager reasonably determines that there is imminent danger to the public, then the Town may immediately disconnect, remove, or relocate the applicable Micro Network Node, Network Node, Node Support Pole and related ground equipment at the Network Provider’s sole cost and expense. The Town Manager shall provide 90 days written notice to the Network Provider before removing a Micro Network Node, Network Node, Node Support Pole and related ground equipment under this Section, unless there is imminent danger to the public health, safety, and welfare. Network Provider shall reimburse Town for the Town’s actual cost of removal of Micro Network Node, Network Node, Node Support Pole and related ground equipment within 30 days of receiving the invoice from the Town. D. Restoration Network Provider shall repair any damage to the Right-of-Way, or any facilities located within the Right-of-Way, and the property of any third party resulting from Network Provider’s removal or relocation activities (or any other of Network Provider’s activities hereunder) within 10 calendar days following the date of such removal or relocation, at Network Provider’s sole cost and expense, including restoration of the Right-of-Way and such property to substantially the same condition as it was immediately before the date Network Provider was granted a Permit for the applicable Location or did the work at such Location (even if Network Provider did not first obtain a Permit), including restoration or replacement of any damaged trees, shrubs or other vegetation. Such repair, restoration and replacement shall be subject to the sole, reasonable approval of the Town Manager. E. Network Provider Responsible Network Provider shall be responsible and liable for the acts and omissions of Network Provider’s employees, temporary employees, officers, directors, consultants, agents, Affiliates, subsidiaries, sub-Network Provider’s and subcontractors in connection with the installations of any Micro Network Node, Network Node, Node Support Pole and related ground equipment, as if such acts or omissions were Network Provider’s acts or omissions. Sec. 79-111. Requirements Upon Abandonment Upon Abandonment or upon being deemed abandoned, Network Provider has a duty to promptly remove its facilities from the right-of-way. Notice from the Town is not a prerequisite to the requirement for removal. Ordinance XXX Page 37 of 39 If the Network Provider does not promptly remove its facilities removal procedures as set out in section 79-18 may be followed. Sec. 79-112. General Provisions. A. All requirements of this Chapter, including Article II, shall be met as applicable. B. No Town Allocation of Funds for Removal and Storage All costs of any removal or storage of Micro Network Node, Network Node, Node Support Pole and related ground equipment, as authorized under this Article, shall be the responsibility of the Network Provider and the Town is not required to expend any funds to meet the requirements of the Network Providers. Any funds expended by the Town due to an emergency or failure of a Person to abide by these requirements shall be reimbursed to the Town. C. Ownership. No part of a Micro Network Node, Network Node, Node Support Pole and related ground equipment erected or placed on the Right-of-Way by Network Provider will become, or be considered by the Town as being affixed to or a part of, the Right-of-Way. All portions of the Micro Network Node, Network Node, Node Support Pole and related ground equipment constructed, modified, erected, or placed by Network Provider on the Right-of-Way will be and remain the property of Network Provider and may be removed by Network Provider at any time, provided the Network Provider shall notify the Town Manager prior to any work in the Right-of- Way. D. Size Limits. Network Providers shall provide detailed drawings, with calculations to show strict conformity to the size limitations as set forth in this chapter or state law with each application, notice of work to be performed or request for a permit for each location; provided, however, where possible Providers are encouraged to reduce the size of installed facilities. The size limits in this Chapter are only applicable for so long as required by state law. If Chapter 284 of the Local Government Code is found to be repealed, struck down, pre-empted or invalid, in whole or in part, the standards required by the Town, either in the Municipal Authorization or an amendment to the Municipal Authorization or the directives of the Town or this Article then such standards shall be subject to individualized review. Sec. 79-113. Insurance, Indemnity, Bonding and Security Deposits. Insurance, indemnity, bonding and security deposits shall be in strict accordance with the Town’s rights-of-way management ordinance, and other applicable ordinances, except to the extent not consistent with state law. Sec.79-114. Design Manual – Updates Ordinance XXX Page 38 of 39 Placement or Modification of Micro Network Node, Network Node, Node Support Pole and related ground equipment shall comply with the Town’s Design Manual at the time the Permit for Installation or Modification, and as said Design Manual may be approved or amended from time to time. Reserved 79-115 through 79-150 ARTICLE IV – EXEMPTION PROCESS Sec. 79-151. Administrative Hearing – Request for Exemption A. Should any person utilizing or proposing to utilize the right-of-way desire to request an exemption from a specific standard set forth in this Chapter, and section 79-26 is not applicable, the person may request an Administrative Hearing before a Board of Appeals. The Zoning Board of Adjustment shall act as the Board of Appeals for a Request for Exemption under this Chapter. B. Any person requesting an exemption from any of the requirements shall file such a request with the Town Manager within fifteen (15) calendar days from the time that need for an exemption arose. If an exemption is requested prior to construction, the request should be submitted prior to filing for a permit. C. An exemption shall only be granted if: (1) Such exemption is not contrary to the public interest; (2) Such exemption will not increase the burden on the right-of-way or other right-of-way users; (3) Such exemption shall not increase the right-of-way management or administrative duties for Town staff; (4) The exemption shall fit within the spirit of this Article; and (5) The application of the ordinance in the particular circumstances would create an unnecessary hardship. D. It shall take an affirmative vote of four (4) members of the Board to grant the exemption. SECTION 3: That nothing in this Ordinance shall be construed to affect any prosecution currently pending, or any suit or proceeding currently proceeding in any Court, or any rights acquired or any liability incurred, or any cause or causes of action acquired or existing, under any act or prior ordinance, nor shall any legal right or remedy of any character be lost, impaired or affected by this Ordinance. SECTION 4. That the Code of Ordinances of the Town of Westlake, Texas, shall remain in full force and effect, except as amended here. SECTION 5: 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 Ordinance XXX Page 39 of 39 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) or Five Hundred ($500.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 6: That any person violating any provision of this Chapter may be issued a citation and upon conviction thereof, the person shall be deemed guilty of a misdemeanor and punished as provided in subsection 1-9 of the Code of Ordinance of the Town of Westlake. Each 24-hour period of violation, and each separate act or condition in violation of this Chapter, shall constitute a separate offense. SECTION 7: 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 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 8: This ordinance shall take effect immediately from and after its passage as the law in such case provides. PASSED AND APPROVED ON THIS 28th DAY OF AUGUST 2017. _____________________________ ATTEST: Laura Wheat, Mayor ____________________________ ______________________________ Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager APPROVED AS TO FORM: ____________________________ L. Stanton Lowry, Town Attorney EXECUTIVE SESSION The Council will conduct a closed session pursuant to Texas Government Code, annotated, Chapter 551, Subchapter D for the following: a. Section 551.071. Consultation with Attorney (1) when the governmental body seeks the advice of its attorney about: (A) pending or contemplated litigation: Cause No. 348-290326-17 - Neil and Janelle McNabnay, Colin and Melanie Stevenson, Yair and Sandra Lotan, Jay and Jana Still, Biswajit and Chandrika Dasgupta, Michael and Michelle Granfield, Michael and Stef Mauler, Rudy and Christy Renda, David and Jenn Riley, Joseph Mohan and Maria De Leon, Roberto Arandia, and Patrick and Erin Cockrum (collectively, "Plaintiffs") vs. Town of Westlake b. Section 551.087 Deliberation Regarding Economic Development Negotiations (1) to discuss or deliberate regarding commercial or financial information that the governmental body has received from a business prospect that the governmental body seeks to have locate, stay, or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development negotiations; or (2) to deliberate the offer of a financial or other incentive to a business prospect described by Subdivision (1) for the following: - Maguire Partners-Solana Land, L.P., related to Centurion’s development known as Entrada and Granada - Project Lynx - CS Kinross Lake Parkway, a Delaware limited liability company, its affiliate Charles Schwab & Co., Inc. c. Section 551.071 (2) Consultation with Attorney on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with this chapter: Trophy Club Municipal District No. 1 d. Section 551.071 (2) Consultation with Attorney on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with this chapter: Water contract Town Council Item # 8 – Executive Session Town Council Item # 9 – Reconvene Council Meeting NECESSARY ACTION a. Section 551.071. Consultation with Attorney (1) when the governmental body seeks the advice of its attorney about: (A) pending or contemplated litigation: Cause No. 348-290326-17 - Neil and Janelle McNabnay, Colin and Melanie Stevenson, Yair and Sandra Lotan, Jay and Jana Still, Biswajit and Chandrika Dasgupta, Michael and Michelle Granfield, Michael and Stef Mauler, Rudy and Christy Renda, David and Jenn Riley, Joseph Mohan and Maria De Leon, Roberto Arandia, and Patrick and Erin Cockrum (collectively, "Plaintiffs") vs. Town of Westlake b. Section 551.087 Deliberation Regarding Economic Development Negotiations (1) to discuss or deliberate regarding commercial or financial information that the governmental body has received from a business prospect that the governmental body seeks to have locate, stay, or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development negotiations; or (2) to deliberate the offer of a financial or other incentive to a business prospect described by Subdivision (1) for the following: - Maguire Partners-Solana Land, L.P., related to Centurion’s development known as Entrada and Granada - Project Lynx - CS Kinross Lake Parkway, a Delaware limited liability company, its affiliate Charles Schwab & Co., Inc. c. Section 551.071 (2) Consultation with Attorney on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with this chapter: Trophy Club Municipal District No. 1 d. Section 551.071 (2) Consultation with Attorney on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with this chapter: Water contract Town Council Item #10 – Necessary Action 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. Town Council Item # 11 – Future Agenda Items Town Council Item # 12 – Adjournment Regular Session