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HomeMy WebLinkAbout09-28-20 TC MinMINUTES OF THE TOWN OF WESTLAKE, TEXAS TOWN COUNCIL MEETING September 28, 2020 In accordance with Order of the Office of the Governor issued March 16, 2020 and March 19, 2020, the Town Council of the Town of Westlake conducted its regular meeting following the Board of Trustees meeting at 5:00 p.m. on Monday, September 28, 2020 by video and telephone conference in order to advance the public health goal of limiting face-to-face meetings (also called "social distancing) to slow the spread of the Coronavirus (COVID-19). There was no public access to the physical location described above. A recording of the telephonic meeting was made and is available to the public. PRESENT: Mayor Laura Wheat and Council Members Carol Langdon, Greg Goble, Alesa Belvedere, Rajiv Trivedi, and Rick Rennhack. ABSENT: OTHERS PRESENT: Town Manager Amanda DeGan, Deputy Town Manager Noah Simon, Assistant Town Manager Jarrod Greenwood, Town Attorney Stan Lowry, Town Secretary Todd Wood, Director of Information Technology Jason Power, Director of Finance Debbie Piper, Director of Facilities & Public Works Troy Meyer, Director of Administrative Services Ginger Awtry, Fire Chief Richard Whitten, Director of Planning & Development Ron Ruthven, Communications Manager Jon Sasser, Building Official Pat Cooke, Development Coordinator Nick Ford, Business Manager Marlene Rutledge, Finance & Budget Analyst Kelsey Wong, and Westlake Academy Registrar Kim Gardner. Regular Session 1. CALL TO ORDER Mayor Wheat called the Regular Session to order at 5:01 P.M. TC Minutes — 9/28/20 Page 1 of 8 2. CITIZEN COMMENTS Mayor Wheat provided a brief summary of instructions to the public for citizen comments. Dr. Anna White addressed the Board, indicating that she was speaking primarily in support of Mr. Steven Bernard, however she had additional comments for the Board. She asked to defer to Mr. Bernard so he would be able to speak first. Mr. Steven Bernard then addressed the Council, expressing appreciation for the Council's time to allow him to share his points. He began by stating the issue that he would like to address pertained to the mask requirements at Westlake Academy, and he understood that the Town Council would not be able to respond directly to his comments. He then stated that his children were informed that they would not be allowed to wear their face coverings at Westlake Academy. He noted that he has sent three emails to the school regarding this matter, and the masks that his children are not allowed to wear meets all of the requirements from TEA (the Texas Education Agency) and the Governor Abbott's Executive Orders. He stated that he has been told that the facemasks must also meet Westlake Academy's requirements, and the Town of Westlake or Westlake Academy did not have the authority to mandate what type of mask must be worn, provided that masks meet TEA and other state requirements. Mr. Bernard indicated that he would like to discuss this matter in further detail at the upcoming Board of Trustees meeting. He then closed by stating that unless the Town of Westlake or Westlake Academy could show him additional data from a valid source that allows deviation from TEA guidelines or the Governor's Executive Order, he would not change his position on this issue. Mayor Wheat thanked Mr. Bernard for his comments, and asked Dr. Anna White if she had any additional comments for the Town Council. Dr. Anna White then addressed the Town Council, stating that she wanted to underscore Mr. Bernard's comments, and has been in close communication with schools to help with the processing of information and citizen perspectives regarding the transmission of the COVID-19 virus. She stated that she did not believe that there was any data to support non -acceptance of "face gaiters" that cover the noses and mouths of students. She noted that the data from the WHO (World Health Organization) and the CDC (Center for Disease Control) is constantly evolving and changing. In Dr. White's opinion, she felt that Mr. Bernard's children were following the guidelines for face -masking. She explained that there was no granular instruction from any expert as to whether N-95 masks and cloth masks were better, worse, or equivalent in comparison to one another. Dr. White then stated that protecting students and especially older staff members and teachers, we cannot become too restrictive when determining what students can or should be wearing provided that the mouths and noses are covered. She closed her comments by underscoring what Mr. Bernard was advocating for his children, saying that hopefully they would be allowed to continue wearing the type of mask that they felt the most comfortable wearing. Mayor Wheat thanked Dr. White very much for her comments; noting that while the Town Council was unable to comment on an item that was not posted on the agenda, the Board was looking forward to Monday's meeting when this could be discussed in further detail. TC Minutes — 9/28/20 Page 2 of 8 Dr. White asked if she may say a few more words, which was welcomed by Mayor Wheat. Dr. White stated that her child has had the strongest compliment of teachers that any of her children have ever had in any previous year. She said that she was grateful and this was one of the reasons she continues to stay at Westlake Academy. Further, she said that she had some grave concerns that she would like to cover at next week's meeting, including the stringency of social distancing and the measures that are being implemented on the school campus. This perception is seen by some as slightly too stringent, and there have been observations from several high-school students who have voluntarily elected a fully remote learning option instead of a hybrid learning option. Dr. White felt this was very unfortunate, as these students have been highly disappointed in the hybrid learning experience, which goes beyond COVID-19 mitigation measures. In some of her son's classes, only 2-3 additional students are present for in -person instruction, and socialization is very restricted. She noted that the six-foot social distancing guideline was designed for those without masks, and for those who were less than one (1) meter apart, a mask should be worn. Dr. White then stated that her second area of concern pertained to the social and emotional cost to students. She stated that students are not socializing and developing as they should. In her conversations with other parents, there has been a significant loss of student engagement. There have been difficulties with communication of coursework, tests, and test results. She felt that remote learning was far inferior to on -campus instruction. Dr. White then recalled that as a part of the on -campus physician task force, it was agreed by all that everyone would be able to wear masks safely and feel comfortable doing so on campus and mitigate the spread of the virus. She then stated that not all of the task force members felt that remote learning was the correct solution, and that the campus could have been opened on the first day of school. She did not feel that all information from this group was conveyed to the Town Council/Board of Trustees. She stated in communication with Westlake Academy, the three (3) TEA guidelines regarding COVID-19 cases and symptom monitoring had some serious negative aspects. She proposed that the model from the Hopkins School and Mass General at Harvard be followed and expressed her desire to be practical and debate these options going forward. Finally, Dr. White mentioned that there was no additional data to support that high-school students were at any greater risk than other students, and if this data is being used to support the hybrid learning option, her desire was to discuss this matter in more detail at a later time. Finally, she stated that additional survey results from the community would be helpful for this discussion, and that all responses should remain anonymous. Mayor Wheat thanked Dr. White for her comments. 3. ITEMS OF COMMUNITY INTEREST Communications Manager )on Sasser provided an update on this item. Westlake Academy Giving Day: The Blacksmith Fund finished second of all schools for this event, and fifth out of 3,200 non-profit organizations. Approximately $768,500 has been raised or pledged to date. TC Minutes — 9/28/20 Page 3 of 8 Early Voting Dates: The last day to register for vote will be on October 5, 2020. Early voting will begin on October 13, 2020, and October 23, 2020 will be the last day to apply for a ballot by mail. Early voting will end on October 30, 2020, and Election Day will be on November 3, 2020. These dates have been placed on the Town's social media sites and on the Town's website. Upcoming meetings: The next Town Council and Board of Trustees meeting is scheduled for October 5, 2020 at 5:00 p.m. via telephonic and video conference. The next Planning and Zoning meeting is scheduled for October 12, 2020 at 5:00 p.m. via telephonic and video conference. Coffee and Conversation with the Mayor: This event is tentatively scheduled for October 5, 2020 at the Westlake Fire Station or via Facebook Live from 8:00-9:30 am. 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 August 24, 2020. b. Consider approval Resolution 20-28, authorizing the Town Manager or designee to execute an Agreement with Robin McCaffrey to raise funds and implement a public art project proposed by the committee and artist. c. Consider approval of Resolution 20-29, approving an Economic Development Agreement between the Town of Westlake and the Marriott Solana Hotel. d. Consider approval of Resolution 20-30, approving Board appointments and reappointments to the Westlake Academy Foundation Board. Mayor Wheat asked that Item 4c be moved from the consent agenda and considered separately, following a presentation from Mr. Juan Calderon. MOTION: Mayor Wheat asked for a motion to approve the consent agenda with the exception of Item 4c. Council Member Langdon made a motion to approve the consent agenda. Council Member Belvedere seconded the motion. The motion carried by a vote of 5-0. Mr. Juan Calderon, general manager of the Marriott Solana Hotel, addressed the Town Council. He began by expressing that this is an exciting time for the hotel, as it will be re- opening on October 1st after being closed for seven (7) months. He expressed his appreciation to the Town for its partnership with the Marriott over the years with two essential economic development programs, which include the Hotel Shuttle Incentive and the Group Booking Incentive. Mr. Calderon then explained that revenues in 2019 exceeded those from 2018, as occupancy increased 3.5% although the average daily rate was $10.18 less per room. He then explained that several hotels were being constructed in the area, and the Marriott would have additional competition in the future. TC Minutes — 9/28/20 Page 4 of 8 Mr. Calderon explained that the Proposed Group Incentive Program would be based on a dollar amount per room rather than a percentage of the overall program on a sliding -scale basis. Funds would remain capped at $5,000 per group, and the scale presented was as follows: • 50-100 rooms: $8 per room night • 101-200 rooms: $10 per room night • 201-349 rooms: $12 per room night • 350+ rooms: $14 per room night • Friday & Saturday peak with 50+ actualized rooms: $10 per room night+ Mr. Calderon indicated that revenues for the upcoming year would be challenging to project, as business traveler revenues have been greatly impacted by the pandemic. Currently, the workforce at the Marriott has been reduced from approximately 105 employees to 30 employees. MOTION: Mayor Wheat asked for a motion to approve the Item 4c from the consent agenda. Council Member Belvedere made a motion to approve Item 4c. Council Member Trivedi seconded the motion. The motion carried by a vote of 5-0. S. DISCUSSION ITEMS a. Presentation and discussion regarding the Northwest Metroport Chamber of Commerce program and related activities. Town Manager Amanda DeGan introduced Ms. Sally Aldridge from Northwest Metroport Chamber of Commerce to present this item. She noted that this was her annual presentation that typically occurs in the summer and was delayed due to the COVID-19 pandemic. Ms. Aldridge began by stating that the Northwest Metroport Chamber of Commerce has continued to follow their established Mission, Vision, and Values statement: Mission: Create, promote, and enhance opportunity and growth for the business community Vision: To positively impact leadership, stewardship and business relationships through collaboration of all communities in our Metroport region Values: Through leadership and integrity we promote unity and excellence. Ms. Aldridge then showed a graph illustrating the current membership levels of the Chamber. She noted that the memberships (542 members as of Sept. 1, 2020) were primarily in the basic or business categories. She then stated that the support received at the top levels that is inclusive of the seven (7) community members enables the Chamber to perform the functions for the business community and would not be possible without this level of community support. Ms. Aldridge then briefly showed TC Minutes — 9/28/20 Page 5 of 8 slides illustrating the members of the Chairman's Circle, the President's Circle, Event Partners, and the 2020 Board of Directors. Ms. Aldridge noted that the Chamber has adopted a new branding initiative this year, and the organization has changed its name to the "Metroport Chamber", as there are many organizations in the metroplex desiring to do business in this area. Additionally, the Metroport Chamber has provided resources for businesses during the pandemic, including informational resources, payment plans for dues, and resumption of in - person events in compliance with CDC and state guidelines. The Metroport Chamber has constructed a new building and will relocate their business operations to this location on Byron Nelson Boulevard in the City of Roanoke in October 2020. This location will also feature leasable space for businesses to grow and launch into surrounding communities. Ms. Aldrige thanked the Town Council for their past an ongoing support. 6. DISCUSSION AND CONSIDERATION OF ORDINANCE 915, APPROVING A NEGOTIATED SETTLEMENT BETWEEN THE ATMOS CITIES STEERING COMMITTEE ("ACSC") AND ATMOS ENERGY CORP., MID-TEX DIVISION REGARDING THE COMPANY'S 2020 RATE REVIEW MECHANISM FILING. Assistant Town Manager Jarrod Greenwood presented this item. He began the introduction of this item by noting that this has been considered annually for approval by the Town Council for several years. Mr. Greenwood then explained that this item essentially provides consortium leverage for participating municipalities to receives favorable rates for their customers, and rates are based on the population of each community. MOTION: Council Member Goble made a motion to approve Ordinance 915. Council Member Rennhack seconded the motion. The motion carried by a vote of 5-0. 7. CONDUCT A PUBLIC HEARING AND CONSIDER APPROVING RESOLUTION 20-31 FOR A REPLAT OF LOT 10R, BLOCK K, VAQUERO PHASE 1 RESIDENTIAL ADDITION FOR AN APPROXIMATELY 1.838-ACRE PORTION OF PLANNED DEVELOPMENT DISTRICT 3, PLANNING AREA 1 (PD 3-1), LOCATED AT 1718 WISTERIA WAY. Director of Planning and Development Ron Ruthven provided information to the Town Council on this item. He explained that the owners of the property originally had three (3) lots re -platted into a single lot. Currently, there is a single-family residence on the south end of the property, and the owners have applied to -re -plat the property into two (2) separate lots. These lots would include the current residential property site and the remaining vacant property to the north. The two (2) proposed lots would remain larger than the original three (3) platted lots that were originally approved within the development. This request complies with all local ordinances and zoning regulations. Mayor Wheat opened the Public Hearing at 5:58 p.m. TC Minutes — 9/28/20 Page 6 of 8 No one addressed the Town Council. Mayor Wheat closed the Public Hearing at 5:58 p.m. MOTION: Council Member Trivedi made a motion approve Resolution 20- 31. Council Member Langdon seconded the motion. The motion carried by a vote of 5-0. 8. EXECUTIVE SESSION The Town Council convened into Executive Session at 6:13 p.m. The Council will conduct a closed session pursuant to Texas Government Code, annotated, Chapter 551, Subchapter D for the following: a. Section 551.087 - 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: - Front 44 - Entrada b. Section 551.071(2) Consultation with Attorney — to seek advice of counsel on matters in which the duty of the Town Attorney under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Texas Government Code - FM 1938 access for proposed Southlake development. c. Section 551.071 Consultation with Attorney - to seek advice of counsel regarding Granada Homeowners' Association matters. 9. RECONVENE MEETING Mayor Wheat reconvened the public meeting at 7:33 p.m. 10. TAKE ANY ACTION, IF NEEDED, FROM EXECUTIVE SESSION ITEMS. None. 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 TC Minutes — 9/28/20 Page 7 of 8 a second, the Town Manager will place the item on the Council agenda calendar allowing for adequate time for staff preparation on the agenda item. None. 12. COUNCIL RECAP/STAFF DIRECTION None. 13. 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 Trivedi seconded the motion. The motion carried by a vote of 5-0. Mayor Wheat adjourned the meeting at 7:36 p.m. 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. APPROVED BY THE TOWN COUNCIL ON NOVEMBER 30, 2020. ATTEST: 41--e Todd Wood, Town Secretary ci Laura Wheat, Mayor TC Minutes — 9/28/20 Page 8 of 8