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.
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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.
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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.
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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.
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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
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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.
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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
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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
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