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Home My WebLink About02-15-23 TC BOT MinL 1 W r� E r o ,~ o f Town of Westlake W ESTLAKE 1500 Solana Blvd Building 7, Suite 7100 DISTINCTIVE BY DESIGN Westlake, TX 76262 Town Council/Board of Trustees Meeting Minutes A C A D E M Y Wednesday, February 15, 2023 4:00 PM Council Chamber Special Called Meeting Present: Mayor Sean Kilbride, Mayor Pro Tern David Quint, Council Member Chandrika Dasgupta, Council Member Kim Greaves, Council Member Tim Shiner, and Council Member Anna White A. CLOSED EXECUTIVE SESSION (4:00 P.M.) Mayor Kilbride called the meeting to order at 4 p.m. Mayor Kilbride recessed into closed executive session at 4:02 p.m. A.1. 23-14 The Town Council will conduct a closed session pursuant to Texas Government Code, annotated, Chapter 551 for the following: a) Section 551.071(2): Consultation with Town 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 (Appeal of student discipline matter); b) Section 551.082 (a)(1): Deliberation regarding student discipline (Student discipline appeal); and c) Section 551.0821(a): Deliberation involving personally -identifiable student information (Student discipline appeal). B. REGULAR MEETING — Call to Order (6:00 P.M.) Mayor Kilbride called the regular meeting to order at 6:02 p.m. C. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mayor Kilbride. D. CITIZEN/PARENT COMMENTS: The following citizen emails were read: • Bridgitte Deslongchamps - supports replacing portables • Sarah Thomas - supports replacing portables • Gail -Ann Krieger - supports replacing portables, expressed concerns with the lack of public input and the process selection for Brodie Modular, supports replacing portables with permanent structure. • Joseph Gubler - expressed concerns regarding politics, Town employee turnover, and possible service interruption to residents due to staffing turnover. Town Council/Board of Trustees Meeting Minutes February 15, 2023 • Camille Ayce - expressed concerns regarding communication and the negative remarks of previous and current Council Members, and message communications with the mayor via messenger. She urged the Council to listen without defensiveness or judgment. • Rachael Richardson — supports replacement of portables and prefers a permanent foundation. She expressed concerns regarding communication via two emails (Westlake Academy and Town emails). She does not support bashing of others with difference of opinions. • Bisjavedi Dasgupta - supports replacement of portables, concerned with lack of transparency, lack of competitive bids, lack of school experiences the proposed company has, higher costs, and entering into agreement with the donor without other bids. He expressed concerns with supporting a project publicly prior to voting and noted threats have been made to him and his family. • Praveen Panakanti spoke expressing concerns with transparency, asked what process was followed, concerns with portable noise, and requested a more permanent solution and would like more information regarding the company and the process followed. • Bala Sankar spoke regarding portables noting the need for a permanent long-term structure. • Raj Travedi spoke regarding portables and the need for replacement. Mr. Travedi explained this is Town is of inclusion, transparency, and a town of brother hood. He suggested utilizing the bid process and ensure transparency is followed to make a better decision. • Yogesh Chhabra — expressed his gratitude to the Colby's for their donation, noting he supports utilizing a Westlake Company but must follow policy and transparency. He expressed concerns with confrontation and tension among the Council. • Tony Kilgore 13117 Thornton Drive, spoke in support of Resolution 23-10 for Brodie Modular to replace the existing portables noting there are safety issues. • Joe Mohan spoke regarding his concerns of negativity with the turnover and thanked Council for service. He supports replacing the modular buildings, requested a long-term plan, with due process and urged Council to be cautious of conflict of interests to avoid putting the Town's reputation at risk. E. ITEMS OF COMMUNITY INTEREST: E.1. 23-01 Receive a report on items of community interest Communications Director Jon Sasser announced Council Member Dasgupta won the Town of Westlake's Facebook Superbowl challenge and provided an update regarding items of community interest. F. REPORTS: F.1. 23-42 Receive a report from Mayor Kilbride regarding Town Financial matters No discussion. F.2. 23-26 Receive a Quarterly report from the Westlake Academy Foundation Board No discussion. F.3. 23-28 Receive a Report of the Texas Education Agency School Report Card SY '21-2022 No discussion. G. CONSENT AGENDA: Town Council/Board of Trustees Meeting Minutes February 15, 2023 G.I. 23-34 Consider approval of Town Council Board of Trustee Meeting Minutes from the following meetings: December 5, 2022; December 19, 2022, and January 23, [1 2023; and take appropriate action G.2. RES 23-01 Consider approving Resolution 23-01 appointing Martha Solis as Municipal Court Administrator for the Town of Westlake; and take appropriate action G.3. ORD-960 Consider adopting Ordinance 960 calling and ordering the General Election for May 6, 2023 for the purpose of electing three (3) Town Council Members/Board of Trustees in accordance with the provisions of Section 23.023, Texas Local Government Code; and take appropriate action G.4. RES 23-05 Consider approving Resolution 23-05 accepting grant funding to be used for the architectural planning services for Phase II remodeling of the Westlake Academy Gym located at 2600 J.TOttinger Road; and take appropriate action G.S. RES 23-06 Consider approving Resolution 23-06 authorizing the Town of Westlake to enter into agreement with Glen Partners for architectural services for the Phase II remodeling of the Westlake Academy Gym located at 2600 J.T.Ottinger Road; and take appropriate action G.6. RES 23-11 Consider approving Resolution 23-11 authorizing the Mayor to enter into an agreement with Steele & Freeman for construction manager at -risk services for the remodeling of the first floor of the gym building; establishing a guaranteed maximum price (GMP) at $1,087,968.00 and authorize town staff to make funding changes not to exceed $25,000.00 on this project; and take appropriate action G.7. WARES Consider approving WA Resolution 23-03 approving the Fiscal Year 2021-2022 23-03 Final Annual Audit Report from BrooksWatson & Co., PLLC; and take appropriate action G.B. WA RES Consider approving WA Resolution 23-04 rejecting bids from Venture 23-04 Mechanical, Inc. and DSA Contractors for the removal and replacement of four rooftop units at Westlake Academy Campus; and take appropriate action G.9. RES 23-09 Consider approving Resolution 23-09 designating the Commercial Record of Tarrant County as the Official Newspaper; and take appropriate action A motion was made by Mayor Pro Tern Quint to approve Consent Items G.1 through G.9, as presented. Motion seconded by Council Member White. Motion approved unanimously. H. PUBLIC HEARING H.I. WARES Conduct a Public Hearing and consider approving WA Resolution 23-02 23-02 accepting the Texas Academic Performance Report (TAPR); and take appropriate action Town Council/Board of Trustees Meeting Minutes February 15, 2023 Mayor Kilbride introduced Head of School Dr. Wilson who provided a Texas Accountability Performance Report. Mayor Kilbride opened the public hearing. There being no one present that wished to speak, Mayor Kilbride declared the public hearing closed. Motion made by Mayor Pro Tern Quint to approve WA Resolution 23-02, as presented. Motion seconded by Council Member White. Motion approved unanimously. The Mayor skipped to Item 1.2 (Sam & Margaret Lee Arts and Sciences Center) REGULAR AGENDA ITEM(S) I.J. RES 23-10 Consider approving Resolution 23-10 authorizing the Mayor to negotiate an agreement with Brodie Modular Company for the construction of two modular buildings at Westlake Academy located at 2600 JT Ottinger Road; and take appropriate action The Town Council Board discussed Agenda Item 1.2 prior to Agenda Item 1.1. Assistant Town Manager Troy Meyer briefed Town Council regarding the proposal of modular buildings for the Westlake Academy. Mr. Meyer introduced Dr. Wilson who spoke regarding his concerns with safety, condition and age of portables, facility challenges for students. Council Member Dasgupta stated she supports the replacement of portables, safety of students and staff at Westlake Academy but expressed concerns with the lack of process and transparency including the need for public feedback. Mayor Kilbride explained tonight is the process of reviewing these options. Mayor Pro Tern Quint explained the process, noting from December to January this topic has been discussed at Town Council meetings. He noted we are reviewing cash on hand, debt options and debt capacity. He noted new Bond Counsel was selected, and new Financial Advisor were selected and today we are reviewing the product and funding options. The Town Council recessed for a 10 minute break at 7:21 p.m.. Mayor Kilbride reconvened the meeting at 7:32 p.m. and announced he would move to Agenda Item 2. Mr. Meyer provided a presentation. Dr. Wilson spoke stating the second set was requested to be replaced was due to safety concerns and lack of space for Arts and Science. Mr. Meyer reviewed modular building proposals and requested Town Attorney Stan Lowery provide an explanation on sole source requirements. Town Council/Board of Trustees Meeting Minutes February 15, 2023 Mr. Lowery explained when spending over $50,000 requires bid unless you have a procurement necessary to protect the health and safety of citizens. He noted the Council may bypass competitive bidding if the need falls into this exemption. The Town Council discussed the square foot cost and the quality of each provider. Financial Advisor Ted Christiansen briefed Council regarding the option for a limited tax note. Mr. Michael Colby owner of Brodie Modular spoke noting he guarantees he can meet all deadlines. Mr. Colby introduced his contractor Jed who provided his construction history. He provided a presentation regarding the proposed construction. He explained these are solid buildings meant to be permanent structures with top air quality and energy efficiencies. Council Member Dasgupta expressed concerns regarding not having a formal contract noting the Brodie quote was 40% higher than RamTech. Mr. Meyer's noted the scope of work and rendering was provided in the packet. Mr. Colby responded noting the custom windows are the main reason for cost increase noting he is the only vendor that will guarantee he can meet the deadline. Mr. Jed Thies (Contractor with Brodie Modular) responded that the price difference is based on the product. Council Member Greaves expressed gratitude to Mr. Colby, stating he is ready to move forward and take a vote. Council Member White asked what the increased cost would be if no action was taken this evening. Bond Counsel Rudy Seguro and Mr. Christiansen explained the rates are currently locked noting rates have increased. Bridgitte Deslongchamps spoke regarding the Brodie Modular project, noting it is available to view online. Yogesh Chhabra spoke asked if the Council is approving negotiations or accepting the offer without all bids. He expressed concerns with the optics of not waiting on all vendor bids prior to voting. After discussion, a motion was made by Council Member White to approve Resolution 23-10, as presented. Motion seconded by Council Member White. Motion approved by the following vote: In Favor: White, Shiner, Quint, Greaves Opposed: Dasgupta Motion passed 4-1. 1.2. 23-60 Presentation and Discussion of the Sam & Margarete Lee Arts and Sciences Center Facility Assistant Town Manager Troy Meyer briefed Town Council regarding this item. This item was discussed in conjunction with Agenda Item 1.1. 1.3. RES 23-07 Consider approving Resolution 23-07 directing Publication of Notice of Intention to issue Combination Tax and Revenue Certificates of Obligation to provide funds for Westlake Academy Improvement Projects; and resolving other matters relating to the subject; and take appropriate action Mayor Kilbride tabled this item. 1.4. ORD-962 Consider adopting Ordinance 962 authorizing the issuance and sale of the Town of Westlake Tax Note, Series 2023; Levying an Annual Ad Valorem Tax and providing security for and payment of said note; and take appropriate action Mr. Ted Christiansen and Bond Attorney Rudy Seguro briefed the Council. After discussion, a motion was made by Mayor Pro Tern Quint to adopt Ordinance 962 and seconded by Council Member Greaves. In Favor: White, Shiner, Quint, Greaves Abstained: Dasgupta Motion approved 4-1, Council Member Dasgupta abstained. (Per Code of Ordinances Sec. 2-37, an abstention is recorded as a negative vote.) J. CLOSED EXECUTIVE SESSION J.1. 23-12 The Town Council will conduct a closed session pursuant to Texas Government Code, annotated, Chapter 551, Subchapter D for the following: a) Section 551.072: Deliberation Regarding the Purchase, Exchange, Lease, or Value of Real Property located: North of Solana Boulevard, south and west of Hwy. 114, and east of Davis Boulevard 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 551.074(a)(1): Deliberation Regarding Personnel Matters - to deliberate the appointment, employment, evaluation, reassignment, duties, of a public officer or employee: (Town Manager) No discussion. K. TAKE ANY ACTION, IF NEEDED, FROM EXECUTIVE SESSION ITEMS -No action L. COUNCIL RECAP/STAFF DIRECTION M. FUTURE AGENDA ITEMS: N. ADJOURNMENT - The meeting adjourned at 8:54 p.m. Signed by: Mayor Sean C. Kilbride Attested by Amy M. Piuk a, Town Secretary 0 1