The URL can be used to link to this page

Home My WebLink About06-18-12 Agenda PacketThe Regular Meeting of the Town of Westlake Town Council will begin immediately following the conclusion of the Town Council Workshop but not prior to the posted start time. Mission Statement On behalf of the citizens, the mission of the Town of Westlake is to be a one-of-a-kind community that blends our rural atmosphere with our vibrant culture and metropolitan location. Westlake, Texas – A Premier Knowledge Based Community Page 1 of 4 TOWN OF WESTLAKE, TEXAS Vision Points Sense of Place; Leadership; Caring Community; Exemplary Governance; and Service Excellence TOWN COUNCIL MEETING AGENDA June 18 2012 WESTLAKE TOWN HALL 3 VILLAGE CIRCLE, 2ND FLOOR WESTLAKE, TX 76262 COUNCIL CHAMBERS / MUNICIPAL COURT ROOM Workshop Session: 5 :00 p.m. Regular Session 6:30 p.m. Page 2 of 4 Workshop Session 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. DISCUSS AND REVIEW OF CONSENT AGENDA ITEMS FROM JUNE 18, 2012, REGULAR MEETING. (30 min) 4. REPORTS Reports are prepared for informational purposes and will be accepted as presented. (there will no presentations associated with the report items) There will be no separate discussion unless a Board Member requests that report be removed and considered separately. a. Public Safety communications interoperability report. 5. DISCUSSION ITEMS a. Discussion regarding increasing the number of board members to the Westlake Historical Preservation Society. (10 min) b. Presentation and Discussion regarding the Capital Improvements Plan. (15 Min) c. Presentation and Update regarding the SIGS system. (20 min) 6. COUNCIL RECAP / STAFF DIRECTION 7. ADJOURNMENT Regular Session 1. CALL TO ORDER 2. CITIZEN PRESENTATIONS AND RECOGNITIONS: 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. 3. 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 held on April 23, 2012. b. Consider approval of the minutes from the meeting held on May 7, 2012. Page 3 of 4 c. Consider approval of the minutes from the meeting held on May 25, 2012. d. Consider approval of Resolution 12-20, Authorizing the Destruction of Westlake Academy Records in Compliance with the Texas State Library and Archive Commission Schedules. e. Consider approval of Resolution 12-21, Authorizing the Town Manager to Execute an Advanced Funding Agreement with the Texas Department of Transportation for FM 1938 Green Ribbon Landscape Enhancements. f. Consider approval of Resolution 12-22, Authorizing the Town Manager to Execute Change Order No. 1 with Peachtree Construction LTD., regarding the 2012 CIP Paving Project. g. Consider approval of Resolution 12-23, Authorizing the Town Manager to Execute Change Order No. 1 with Horton Excavating regarding the Roanoke Road Water Line Improvements Project. h. Consider approval of Resolution 12-24, Appointing and Reappointing Affiliate Board Members. 4. CONSIDERATION AND DISCUSSION TO ELECT A MAYOR PRO TEMPORE. 5. EXECUTIVE SESSION The Council will conduct a closed session pursuant to Texas Government Code, annotated, Chapter 551, Subchapter D for the following: a. Section 551.087: Deliberation Regarding Economic Development Negotiations – to deliberate the offer of a financial or other incentive to a business prospect. 6. RECONVENE MEETING 7. TAKE ANY ACTION, IF NEEDED, FROM EXECUTIVE SESSION ITEMS. 8. 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. 9. STRATEGIC ISSUES CALENDAR 10. COUNCIL CALENDAR 11. ADJOURNMENT Page 4 of 4 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, 3 Village Circle, June 13, 2012, 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 of Westlake Item # 2 – Pledge of Allegiance Texas Pledge: "Honor the Texas flag; I pledge allegiance to thee, Texas, one state under God, one and indivisible." 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 held on April 23, 2012. b. Consider approval of the minutes from the meeting held on May 7, 2012. c. Consider approval of the minutes from the meeting held on May 25, 2012. d. Consider approval of Resolution 12-20, Authorizing the Destruction of Westlake Academy Records in Compliance with the Texas State Library and Archive Commission Schedules. e. Consider approval of Resolution 12-21, Authorizing the Town Manager to Execute an Advanced Funding Agreement with the Texas Department of Transportation for FM 1938 Green Ribbon Landscape Enhancements. f. Consider approval of Resolution 12-22, Authorizing the Town Manager to Execute Change Order No. 1 with Peachtree Construction LTD., regarding the 2012 CIP Paving Project. g. Consider approval of Resolution 12-23, Authorizing the Town Manager to Execute Change Order No. 1 with Horton Excavating regarding the Roanoke Road Water Line Improvements Project. h. Consider approval of Resolution 12-24, Appointing and Reappointing Affiliate Board Members. Town of Westlake Item # 3 – Review of Consent Agenda Items REPORTS Reports are prepared for informational purposes and will be accepted as presented. (there will no presentations associated with the report items) There will be no separate discussion unless a Board Member requests that report be removed and considered separately. a. Public Safety communications interoperability report. Town of Westlake Item # 4 – Reports Page 1 of 2 estlake Town Council TYPE OF ACTION Workshop - Report Westlake Town Council Meeting Monday, June 18, 2012 TOPIC: Report on the Radio Accessibility of Emergency Services as outlined in the Strategic Plan 2.2. This item was initially listed as a strategic issue due to the uncertainty of the total cost of the project. The project will not have the budget impact that was initially anticipated. STAFF CONTACT: Richard Whitten, Fire Chief DECISION POINTS Start Date Completion Date Timeframe: N/A June 30, 2012 This will be a three year process to make all updates and replacements that will be in general fund for the three year period. Funding: Amount - $19,407 Status- Funded Source- General Fund See above Decision Alignment VVM Perspective Desired Outcome Service Excellence Customer Focus CF.Promote Community Health, Safety & Welfare Strategic Issue Outcome Strategy Staff Action Page 2 of 2 Capital Investment 2. Technology and Equipment Investment SA 02.2: Emergency Radios Strategy Map or VVM Connection Strategic Issue Connection EXECUTIVE SUMMARY The upgrades will occur in several phases over the next few years. After receiving the cost of radio replacements and upgrades for department radios, dispatch equipment and the radio infrastructure the cost for Westlake is minimal and will not have the budget impact that was being anticipated as a strategic issue. The cost of radio replacements and upgrades will be budgeted items in the General fund over the next three years. This will place the department in a good position to maintain radio communicat ion interoperability for the next several years. ORGANIZATIONAL HISTORY/RECOMMENDATION This program is necessary to maintain communications for Emergency Services and is recommended. ATTACHMENTS June 2012 Radio System Report Submitted by Richard Whitten Interim Fire Chief June 18, 2012 2 | Page TABLE OF CONTENTS I. Introduction................................................................................................................p. 3 II. FCC Mandates……………….....................................................................................p. 3 III. NETCO…………….………………............................................................................p. 4 IV. NETCOM……..……………………………………………………………………….p.4 V. Westlake Equipment…………………………………………………………………p.4 VI. Executive Summary………………………………………………………………….p.4 3 | Page I. INTRODUCTION The fire department’s radio communication needs are provided by NETCO and NETCOM. NETCO provides the radio infrastructure system and NETCOM provides the dispatch needs for the Town and the department. The Town of Westlake 911 service is directed to and handled by NETCOM. Over the past few years due to an outdated radio infrastructure and FCC mandates, the need to replace the current radio system has become necessary. The need to maintain radio communication interoperability and not knowing what the cost would be, led the department to list it as a strategic issue in Capital Investment. The item is listed in the Strategic Plan as 2.2 Radio Accessibility of Emergency Services. II. FCC MANDATES The FCC has issued a deadline of January 1, 2013 for police, fire, EMS, public works, ISDs, colleges and universities, and special districts that operate radio systems, to migrate their systems to narrowband. This rule affects all FCC-licensed State and local emergency response radio systems, and applies to frequency bands VHF and UHF, both conventional and trunked radio systems. III. NETCO NETCO is the group that manages the radio infrastructure owned by the cities of Bedford, Colleyville, Euless, Grapevine, Southlake, and Keller. There are several upgrades to the radio system that is being conducted by NETCO. NETCO has to make upgrades due to the FCC mandates. The radio infrastructure is coming to the end of its life cycle. The system is about 20 years old and finding replacement parts is becoming more difficult. NETCO has determined that the system should be replaced to continue meeting communication service interoperability for all agencies involved. Westlake is a customer of NETCO. There are no direct cost to Westlake for NETCO syst em upgrades. The current customer cost for Westlake will remain unchanged. Westlake currently pays $6,000 per year as a customer of NETCO. NETCO has entered into an agreement with Motorola and the City of Fort Worth to piggyback on Fort Worth pricing for equipment replacement cost. 4 | Page IV. NETCOM NETCOM is the regional dispatch center operated by the Keller Police Department. During 2011, NETCOM fire departments began migrating to the same radio channels. This has proved to be more effective in communications. Dispatchers are able to dispatch NETCOM units at the same time regardless of the city. NETCOM fire departments are dispatched on a single channel. All of the fire channels are shared between all of the NETCOM fire departments, enhancing interoperability between the four cities. NETCOM is making system upgrades. These upgrades are part of the Narrow-banding upgrade that all of the cities and NETCO have to make. Westlake’s portion of the cost is $3,407. This only covers cost to the dispatch equipment. V. WESTLAKE EQUIPMENT As part of the system upgrades and FCC mandates, the fire department has to make upgrades. The portable radios are able to be upgraded to meet the new needs. However, the mobile radios that are installed in the vehicles and the fire station cannot be upgraded and will have to be replaced. The cost of replacements will be about $16,000. This cost will be budgeted over the next three years. The upgrade cost will be about $10,000 and will be spread out over the next two years. ITEM COST NETCOM $3,407.00 Replacement of mobile units $16,000.00 Upgrade to portable radios $10,000.00 Total Cost $19,407.00 VI. EXECUTIVE SUMMARY The upgrades will occur in several phases over the next few years. After receiving the cost of radio replacements and upgrades for department radios, dispatch equipment and the radio infrastructure the cost for Westlake is minimal and will not have the budget impact that was being anticipated as a strategic issue. The cost of radio replacements and upgrades will be budgeted items in the General fund over the next three years. This will place the department in a good position to maintain radio communicat ion interoperability for the next several years. DISCUSSION ITEMS a. Discussion regarding increasing the number of board members to the Westlake Historical Preservation Society. (10 min) b. Presentation and Discussion regarding the Capital Improvements Plan. (15 Min) c. Presentation and Update regarding the SIGS system. (20 min) Town of Westlake Item # 5 – Discussion Items Page 1 of 2 estlake Town Council TYPE OF ACTION Regular Meeting - Action Item Westlake Town Council Meeting Monday, June 18, 2012 TOPIC: Discussion regarding increasing the number of Board Members to the Westlake Historical Preservation Society. STAFF CONTACT: Kelly Edwards, Town Secretary DECISION POINTS Start Date Completion Date Timeframe: June 18, 2012 August 27, 2012 Funding: Amount - $0.00 Status- Funded Source- N/A N/A Decision Alignment VVM Perspective Desired Outcome Sense of Place Customer Focus CF.Enhance and Maintain a Sense of Community Strategic Issue Outcome Strategy Staff Action N/A N/A N/A Strategy Map or VVM Connection Strategic Issue Connection Page 2 of 2 EXECUTIVE SUMMARY President Bert Schultz would like to increase the number of Board Members from seven (7) to nine (9) due to the increase number of events/activities the Board conducts each year. ORGANIZATIONAL HISTORY/RECOMMENDATION The Historical Preservation Society was created in 2000. In 2009 the Council passed Resolution 09-39 to reduce the number of members from ten (10) to seven (7). A request was made by then President Sanden to reduce the number of Board Members due at the time to meet the quorum requirements to hold meetings. ATTACHMENTS List of members and Events WESTLAKE HISTORICAL PRESERVATION SOCIETY BOARD OF DIRECTORS WHPS IS CURRENTLY AUTHORIZED TO HAVE SEVEN (7) BOARD MEMBERS: BERT SCHULTZ (PRESIDENT) STEPHEN THORNTON (VICE PRESIDENT/MUSEUM CURATOR) KRIST LAYTON (TREASURER/MEMBERSHIP) KAREN STOLTENBURG (SECRETARY) MEGAN BRADY (PUBLIC RELATIONS/BOOK MARKETING) JIM BUDARF (TROPHY CLUB LIAISON) VACANT (DECORATION DAY CHAIR) OBJECTIVE: EXPAND BOARD OF DIRECTORS FROM SEVEN (7) TO NINE (9) BASIS: SIGNIFICANT EXPANSION OF WHPS EVENTS AND ACTIVITIES - ANNUAL DECORATION DAY - ANNUAL WINE AND CHEESE RECEPTION - ANNUAL CLASSIC CAR SHOW (NEW EVENT) - SEMI-ANNUAL HISTORICAL MARKER DEDICATION DAYS (NEW EVENTS) - SEMI-ANNUAL LIVING HISTORY PRESENTATIONS (NEW EVENTS) - MUSEUM QUARTERLY WINDOW EXHIBITS (NEW EVENTS) INCREASING THE NUMBER OF EVENTS HAS EXTENDED THE CURRENT BOARD MEMBERS TO CAPACITY AND THEREFORE REQUIRES THE ADDITION OF AT LEAST ONE BOARD MEMBER TO ASSUME EVENT COORDINATOR RESPONSIBILITIES. THIS FALL, THE WHPS WILL LAUNCH A JUNIOR HISTORIAN PROGRAM AT THE WESTLAKE ACADEMY WHICH REQUIRES THE ADDITION OF AT LEAST ONE BOARD MEMBER TO ASSUME JUNIOR HISTORIAN COORDINATOR RESPONSIBILITIES. DUE TO BOARD MEMBER TURNOVER, IT IS ADVISABLE TO HAVE ADDITIONAL BOARD MEMBERS READY TO ASSUME SOCIETY LEADERSHIP RESPONSIBILITIES. WHPS BOARD MEMBERS WHPS OFFICERS President: Bert Schultz Vice President: Stephen Thornton Treasurer: Kristi Layton Secretary: Karen Stoltenberg WHPS BOARD MEMBER CHAIR PERSONS (7 board members for 4 offices and 17 chair positions) Annual Meeting Chair: Kristi Layton, Co-chair: Karen Stoltenberg Annual Awards Chair:(Stephen Thornton Book Sales Chair: Megan Brady Decoration Day Chair: Bert Schultz Parade Chair: Karen Stoltenberg, Food Chair: Kristi Layton, Signage Chair: Bert Schultz Historic Marker Dedication Day Chair: Bert Schultz, Co-chair: Stephen Thornton Living History Presentation Chair: Bert Schultz Membership Chair: Kristi Layton, Co-Chair: Karen Stoltenberg Museum Curator Chair: Stephen Thornton Museum Window Exhibit Chair: Bert Schultz Public Relations/Communications Chair: Ginger Awtry, Co-chair: Karen Stoltenberg Trophy Club Liaison: Jim Budarf Classic Car Show Chair: Bert Schultz Westlake Academy Liaison Chair: Karen Stoltenberg Westlake Academy Junior Historian Chair: Megan Brady Page 1 of 3 estlake Town Council TYPE OF ACTION Workshop - Discussion Item Westlake Town Council Meeting Monday, June 18, 2012 TOPIC: Presentation on status of Capital Projects throughout Westlake. STAFF CONTACT: Jarrod Greenwood, Director of Public Works DECISION POINTS Start Date Completion Date Timeframe: June 18, 2012 June 18, 2012 Funding: Amount - N/A Status- N/A Source- N/A Decision Alignment VVM Perspective Desired Outcome Exemplary Governance Operational Processes OP.Preserve our Infrastructure to Meet the Life Expectancy of our Assets Strategic Issue Outcome Strategy Staff Action Capital Investment 1. Existing Infrastructure Reinvestment (Current Assets) SA 05.3: Capital Reinvestment Strategy Map or VVM Connection Strategic Issue Connection Page 2 of 3 EXECUTIVE SUMMARY The adopted 5 year Capital Improvement Plan includes several street and drainage construction projects. Additionally, there are several other non-Town funded projects in progress within Westlake. • 2012 CIP Paving Projects: o Stagecoach Hills - 8” stabilized subgrade with 4” asphalt pavement, regrading of bar ditches, and replacement of drainage culverts as needed. This project is approximately 95% complete with the only remaining item being property restoration. Staff will conduct a final walk-through at the same time as Roanoke Road. o Roanoke Road (north of SH 170) - 8” stabilized subgrade with 4” asphalt pavement, regrading of bar ditches, and replacement of the existing metal culvert pipe and widen the roadway at the creek to provide a safer road. Box culvert has been installed at the creek crossing. The recent rains have delayed the subgrade work that was scheduled for the week of June 11th. We anticipate this section of road will be completed and opened back up to traffic within the first week in July. • Roanoke Road Water Line: This project is the second phase of improvements to connect Stagecoach Hills to the Town of Westlake’s water distribution system and consists of installing approximately 4,000 linear feet of 12” and 8” waterline on Roanoke Road. The • Dove and Ottinger Roads: o Pearson to Vaquero – The contractor repaired several sections of road subgrade that had been damaged by vehicular traffic and began laying asphalt last week. This section of road is on schedule for completion and to open by the first week in July. o Pearson to Paigebrooke – The box culvert at the creek is installed. Crews have been working on the headwalls on either side of the road, which requires the area to be over excavated in order to assemble and disassemble concrete forms. Additionally, the concrete must “cure” before being backfilled. The contractor has paved from the intersection to the fire station. We anticipate the section of road from the intersection to the creek to have the first layer of asphalt by the last week in June, while the section from the creek to Paigebrooke is scheduled to have the first layer of asphalt by the first week in July. • FM 1938: o The contractor has finished pouring the remaining southbound concrete lanes, but is still working on the Dove and Vaquero Club Drive intersections. Crews have been working at the Randol Mill intersection to open it up and transition all north and southbound traffic to the northbound Page 3 of 3 lanes. With this traffic switch, the Randol Mill intersection will be closed to all through traffic while the contractor installs storm drainage and reconstructs the road. TxDOT is coordinating this road closure with the City of Southlake. The pedestrian underpass has been painted and the decorative railing (similar to Dove Road) is being powder coated and should be installed within the next two weeks. o Green Ribbon Landscape Enhancement – Staff is currently working with TxDOT regarding the construction schedule. We anticipate work to begin Fall 2012 and finish Spring 2013. • SH114/170 o Town staff is working with TxDOT to identify and obtain cost estimates for additional painting of concrete structures, i.e. bridge, retaining wall, and sound wall. TxDOT reports that the project is approximately 72% complete with a scheduled completion date of Spring 2013. • Street Survey o This project included the inspection and testing of all Town streets, design recommendations for each street, short and long term maintenance recommendations, database that can be utilized by staff to perform annual inspections. The comprehensive street survey has been completed and by Graham Associates and submitted to Town staff (bound report to be provided at Council meeting). • 2013 CIP Paving Project o East Dove Road: This project is scheduled for design in FY 12/13 and construction in FY 13/14 will provide stabilization of road subgrade and 6" of asphalt to approximately 6,500 LF of Dove Road and replace/improve culverts and ditches. Anticipate crack sealing 2nd year from completion. This work will also include construction of a pedestrian trail from FM 1938 to the Glenwyck Farms that will be constructed in FY 12/13. o Randol Mill Traffic Circle: This project is scheduled for design and construction in FY 12/13 and will provide for the reconstruction and reconfiguration of Dove/Randol Mill fro m a 3-way stop intersection to a traffic circle (round-about) to improve traffic flow and safety. ORGANIZATIONAL HISTORY/RECOMMENDATION N/A ATTACHMENTS None Page 1 of 2 estlake Town Council TYPE OF ACTION Workshop - Discussion Item Westlake Town Council Meeting Monday, June 18, 2012 TOPIC: Update of calendar chart for the Strategic Issues-focused Governance System (SIGS) STAFF CONTACT: Amanda DeGan, Assistant to the Town Manager DECISION POINTS Start Date Completion Date Timeframe: June 18, 2012 Funding: Amount - $00.00 Status - N/A Source - N/A Decision Alignment VVM Perspective Desired Outcome Exemplary Governance Operational Processes OP.Facilitate the Implementation of the Strategic ISsues Focused Governance System Strategic Issue Outcome Strategy Staff Action N/A N/A N/A Strategy Map or VVM Connection Strategic Issue Connection Page 2 of 2 EXECUTIVE SUMMARY At the February 27, 2012 Town Council workshop, staff presented a calendaring system to monitor and review the pending staff action items associated with the Strategic Issues-focused Governance System (SIGS). As a component of the overall system, staff has provided the Council with an updated chart showing which items are due in a particular month according to the approved strategic planning system. Attached, you will find the most current version of this calendar. Council will notice the information has been changed to reflect June through November of the current year. Staff has also cleared the schedule of reports and workshop items for July – which is the month we traditionally do not hold regularly scheduled council meetings. The staff action items that were originally slated for review or completion in that month have been moved to accommodate the break in the meeting schedule. Staff also added the page number and staff action item number from the SIGS to the calendar document for accessibility and easy reference. As we have begun to implement the SIGS as a practical application tool to guide our work efforts, it has come to our attention that a few of the staff action items lend themselves to presentation at different times of the year than was originally anticipated. For instance, we had scheduled a report on trail connectivity and WA campus needs during July, which was moved to the August workshop. We also had reports and workshop items set with due dates that were not attainable due to circumstances outside our control and were moved to alternat ive months to balance out the number of agenda items while not compromising our action plans. We anticipate these minor revisions as we work through the first full year of the system and as we review our latest SWOT analysis to update the next round of strategic issues. These types of date alterations will occur as we work in a fluid environment and at times a pressing task or other unanticipated event will necessitate an update to the staff action items. All changes will be reflected through the calendaring system. ORGANIZATIONAL HISTORY/RECOMMENDATION Staff will continue to review the calendaring system and provide updates to the Council to facilitate accountability and timeliness of the Strategic Issues-focused Governance System (SIGS). ATTACHMENTS Calendar 3 Village Circle, Suite 202 ~Westlake, Texas 76262 Metro: 817 -430-0941 ~ Fax: 817-430-1812 ~ www.westlake-tx.org MEMORANDUM Date: June 13, 2012 TO: Honorable Mayor and Town Council FROM: Tom Brymer, Town Manager SUBJECT: Recommendations Related to Revision of Comprehensive Plan Update Process and Its Schedule in the Strategic Issues-focused Governance (SIGS) This topic has been discussed at various times with the Town Council during my tenure as Town Manager. Certainly we do need to review our Comprehensive Plan for a possible update. It was adopted in the early 1990’s and has not undergone a major review since then (although many conditions economically, etc. have taken place since then). The reason why it is a good idea to review and update this plan is that a.) we can take stock on how much of the plan has actually been implemented, and b.) we can then determine if new or future conditions warrant consideration of revisions that would facilitate the Town attaining its vision, values, and mission. A few months ago I shared with the Town Council a draft Request for Proposal (RFP) document Staff had prepared. The intent of this RFP would be to solicit proposals from qualified urban planning consultants to perform a scope of work to update the Town’s comprehensive plan. This is a fairly standard approach that most cities who wish to review and possible update their comprehensive plan utilize. Recommendation: Since that time, in reflecting on this process, I would recommend a slightly different approach. That would be, taking an additional step prior to requesting proposals from planning consultants. This step would be to conduct a facilitated session with the Town Council to ask and receive consensus from you on certain key questions that will have a major impact on guiding the comprehensive planning review process. If these questions are asked and answered by the Town Council at the beginning of the comprehensive plan process, it should provide greater focus and direction to any planning consultant we would subsequently retain to review our current comprehensive plan. Additionally, this input should assist us in not spending dollars for planning consultant work that does not meet our goals for this process. I would recommend that this be done in a separate, facilitated workshop with the Town Council either in August or September. Strategic Issue June - 2012 July – 2012 August - 2012 September - 2012 October - 2012 November - 2012 Capital Investment • Examine public safety communication interoperability for Westlake (pg. 10, SA 2.2) • Report on trail connectivity with surrounding communities (pg. 10, SA 3.2 ) • Evaluation of WA campus needs and expansion options (pg. 10, SA 3.3) • FM 1938 Completion (pg. 9, SA 1.3) • Review of emergency and fleet maintenance needs and replacement (pg. 10, SA 2.1) • Review current technology plans – draft technology plan (pg. 10, SA 2.3) • Feasibility study for water/sewer impact fees –Tentative (pg. 10, SA 3.1) • Report on Hwy 170 / NTTA project (pg. 10, SA 4.1) Fiscal Stewardship & Organizational Effectiveness • Budget Preparations (pg. 10, SA 5.1) • Examine Town’s capacity for reinvestment in technology, FFE and capital expenditures, etc. (pg. 11, SA 5.3) Human Resources (Employee Investment) • Prepare report on staffing needs as part of 5-year forecast (pg. 12, SA 1.1) • Report on cross- training and shared services evaluations (pg. 12, SA 1.2) Comprehensive Planning and Management of Natural Resources • Review existing plan provisions of hiring consultant to assist in Comp Planning document (pg. 12, SA 9.A.1) • Provide Council with report outlining programs that would assist residents in recycling efforts (pg. 13, SA 10.1) Public Safety and Emergency Preparedness • Evaluate that all departments have adequate training, etc. to address emergency situations (pg. 13, SA 12.1) JU L Y B R E A K - CO U N C I L Updated 05/31/12 COUNCIL RECAP / STAFF DIRECTION Town of Westlake Item # 6 Council Recap / Staff Direction Town of Westlake Item # 7 – Workshop Adjournment Back up material has not been provided for this item. CITIZEN PRESENTATIONS AND RECOGNITIONS: 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 of Westlake Item # 2 – Citizen’s Presentations and recognitions 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 held on April 23, 2012. b. Consider approval of the minutes from the meeting held on May 7, 2012. c. Consider approval of the minutes from the meeting held on May 25, 2012. d. Consider approval of Resolution 12-20, Authorizing the Destruction of Westlake Academy Records in Compliance with the Texas State Library and Archive Commission Schedules. e. Consider approval of Resolution 12-21, Authorizing the Town Manager to Execute an Advanced Funding Agreement with the Texas Department of Transportation for FM 1938 Green Ribbon Landscape Enhancements. f. Consider approval of Resolution 12-22, Authorizing the Town Manager to Execute Change Order No. 1 with Peachtree Construction LTD., regarding the 2012 CIP Paving Project g. Consider approval of Resolution 12-23, Authorizing the Town Manager to Execute Change Order No. 1 with Horton Excavating regarding the Roanoke Road Water Line Improvements Project. h. Consider approval of Resolution 12-24, Appointing and Reappointing Affiliate Board Members. Town of Westlake Item # 3 - Consent Agenda Items Town Council Minutes 04/23/12 Page 1 of 6 MINUTES OF THE TOWN OF WESTLAKE, TEXAS TOWN COUNCIL MEETING April 23, 2012 PRESENT: Mayor Laura Wheat and Council Members, Tim Brittan, Clif Cox, David Levitan, Carol Langdon and Rick Rennhack. ABSENT: OTHERS PRESENT: Town Manager Tom Brymer, Town Secretary Kelly Edwards, Assistant to the Town Manager Amanda DeGan, Town Attorney Stan Lowry, Finance Assistant Jaymi Ford, Director of Communications & Community Affairs Ginger Awtry, Planning and Development Director Eddie Edwards, Facilities and Recreation Director Troy Meyer, Director of Public Works Jarrod Greenwood, Fire Chief Richard Whitten, Human Resources and Administrative Services Director Todd Wood and Management & Budget Analyst Scott Dixon. Workshop Session 1. CALL TO ORDER Mayor Wheat called the workshop to order at 5:06 p.m. 2. PLEDGE OF ALLEGIANCE Mayor Wheat led the pledge of allegiance to the United States and Texas flags. 3. DISCUSS AND REVIEW OF CONSENT AGENDA ITEMS FROM APRIL 23, 2012, REGULAR MEETING. (30 min) No discussion. Town Council Minutes 04/23/12 Page 2 of 6 4. REPORTS a. Creation of dashboard reporting document for the Strategic Issues-focused Governance System (SIGS). b. Report of Quarterly Financial Dashboard and Analysis as well as Capital Projects for the Quarter ended March 31, 2012. 5. DISCUSSION ITEMS a. Discussion of permanent year-round twice a week water schedule. Town Manager Brymer and Director of Public Works Greenwood provided an overview of support by the Tarrant County Mayor’s Council supporting regionalization of water conservation continuing with a twice a week watering schedule. Director Greenwood advised the Council as a customer of Fort Worth Water the Town is required to comply with any measures they may enact. Discussion ensued regarding this issue being a regional issue and how the Town would enforce the measure if enacted and the possible impact to peak charges. b. Review and Discussion of long term rental options or building a municipal facility. Facilities and Recreation Director Meyer and Budget & Management Analyst Dixon provided a presentation and overview of the options. Management & Budget Analyst Dixon provided an overview of the report detailing the cost associated with building or developing the current location. c. Discussion of the Proposed FY 2012-2017 Capital Improvement Plan. Town Manager Brymer provided a presentation and overview of the final Capital Improvement Plan proposal for Fiscal Years 2012-2017. Town Manager Brymer provided an overview of the additions such as the N-1 Line, S.H. 377 Westport Parkway signal installation, and construction on East Dove Road. Discussion ensued regarding the trail system from Glenwyck Farms to FM 1938 and additions to the proposed Capital Improvement Plan, the cost of a traffic signal installation on Highway 377 and shared cost with Keller, Tarrant County and Union Pacific Railroad. Mr. Joe Schenider, Hillwood Development, provided an overview of the additional costs associated with allowing one lane of continuous traffic during the construction on Dove Road and accelerating the construction from Pearson Lane to Blue Sky Drive. Mr. Schenider also mentioned that Dove Road will be closed to all through traffic for 4 to 6 weeks during the construction of the bridge. Town Council Minutes 04/23/12 Page 3 of 6 Discussion also ensued regarding the traffic flow along other access points through Keller and State Highway 170 crossing at Ottinger Road. Ms. Carolyn Sims, Tarrant County Precinct 3, from Tarrant County spoke regarding the signal installation. The Council directed Staff to refine the language in the Plan reflecting unfunded projects were under discussion. Mayor Wheat recessed the workshop at 7:07 p.m. to convene the regular meeting. Mayor Wheat reconvened the workshop at 8:00 p.m. d. Discussion of renaming Precinct Line Road to FM 1938/Davis Boulevard within the corporate limits of the Town of Westlake amending Ordinance Chapter 90, Division II and Division III renaming Precinct Line Road to FM 1938/Davis Boulevard within the corporate limits of the Town of Westlake. Town Manager Brymer provided an overview of changing current name from Precinct Line Road to Davis Boulevard. Public Works Director Greenwood provided a map showing the road from Highway 820 through to Highway 114. Discussion regarding the name change and the continuity of the name through each community. 6. COUNCIL RECAP / STAFF DIRECTION Continue monitoring the status of Regional Water Conservation. Continue negotiations with Cassidy Turley regarding a short term lease and additional building options. The Council advised Staff to proceed accelerating the construction of Dove Road from Pearson Lane to Blue Sky Drive and to approve an additional amount of $40,000.00 funding to the Capital Improvement Plan. 7. ADJOURNMENT There being no further business before the Council, Mayor Wheat adjourned the workshop at 8:13 p.m., to reconvene the regular meeting. Town Council Minutes 04/23/12 Page 4 of 6 Regular Session 1. CALL TO ORDER Mayor Wheat called the meeting to order at 7:07 p.m. 2. CITIZEN PRESENTATIONS AND RECOGNITIONS: Proclamations: Public Service Week; National Day of Prayer; and Westlake’s First Historical Marker Dedication Day. Mayor Wheat read Public Service and Historical Marker Day Proclamations Mayor Wheat recognized Council Member Tim Brittan’s years of service to the Town and Academy. Town Manager Brymer recognized Budget Analyst and Management Inter Scott Dixon for his years of service to Westlake as he becomes the City Manager of Flatonia. Mayor Wheat recessed the meeting at 8:00 p.m., to reconvene the workshop. 3. CONSENT AGENDA: a. Consider approval of the minutes from the meeting held on March 26, 2012. b. Consider approval of the amended minutes from the meeting held on August 29, 2012. c. Consider approval of Resolution 12-15, Authorizing the Town Manager to enter into an agreement with B&R Utilities for an amount of $134,684.65 for the rehabilitation of sanitary sewer lines and manholes. d. Consider approval of Ordinance 681, Providing for Adoption of the FY 2012- 2017 Capital Improvement Plan. e. Consider approval of Resolution 12-16, Approving an Interlocal Funding Agreement with Tarrant County for the installation of a traffic signal at US Highway 377 and Westport Parkway. f. Consider approval of Ordinance 682, Temporarily Amending Section 90-79(3) to Establish a Temporary Construction Speed Zone of 30 Miles Per Hour on Precinct Line Road (FM 1938) Between the Intersections of Dove Road and State Highway 114. g. Consider approval of Ordinance 683, Amending Chapter 90 Temporarily Amending Section 90-52(b) to Allow for Temporary Traffic Control Device at the Intersection of Dove Road and Randol Mill – facing a northeast direction. h. Consider approval of Ordinance 684, Amending Chapter 90, Division II and Division III renaming Precinct Line Road to FM 1938/Davis Boulevard within the corporate limits of the Town of Westlake. Town Council Minutes 04/23/12 Page 5 of 6 MOTION: Council Member Levitan made a motion to approve items a-d and f-h of the consent agenda. Council Member Langdon seconded the motion. The motion carried by a vote of 5-0. MOTION: Council Member Langdon made a motion to approve item e of the consent agenda. Council Member Levitan seconded the motion. The motion carried by a vote of 5-0. 4. CONSIDER APPROVAL OF RESOLUTION 12-17 APPROVING A SITE PLAN AMENDMENT FOR PROPERTY LOCATED AT 2900 DOVE ROAD AND AUTHORIZING CONSTRUCTION OF AN ADDITION TO THE EQUIPMENT STORAGE BAYS BUILDING. Planning and Development Director Edwards provided an overview of the amendment and addition to the site. MOTION: Council Member Cox made a motion to approve Resolution 12- 17. Council Member Brittan seconded the motion. The motion carried by a vote of 5-0. 5. EXECUTIVE SESSION The Council convened into executive session at 8:19 p.m. The Council will conduct a closed session pursuant to Texas Government Code, annotated, Chapter 551, Subchapter D for the following: a. Section 551.074(a)(1): Deliberation Regarding Personnel Matters – to deliberate the appointment, employment, evaluation, reassignment, duties, of a public officer or employee: Town Manager 6. RECONVENE MEETING Mayor Wheat reconvened the meeting at 9:30 p.m., with Council Member Langdon absent. Town Council Minutes 04/23/12 Page 6 of 6 7. TAKE ANY ACTION, IF NEEDED, FROM EXECUTIVE SESSION ITEMS. MOTION: Council Member Cox made a motion to amend the Town Manager’s employment agreement to revert back to the terms of his original employment agreement dated April 14, 2008, regarding his adjusted seniority date as it relates to the vacation policy and; 2) to cover the entire 7% contribution to TMRS effective May 1, 2012. Council Member Brittan seconded the motion. The motion carried by a vote of 4-0. 8. FUTURE AGENDA ITEMS - None 9. STRATEGIC ISSUES CALENDAR 10. COUNCIL CALENDAR 11. ADJOURNMENT There being no further business before the Council, Mayor Wheat asked for a motion to adjourn the meeting. MOTION: Council Member Brittan made a motion to adjourn the meeting. Council Member Rennhack seconded the motion. The motion carried by a vote of 4-0. Mayor Wheat adjourned the meeting at 9:34 p.m. APPROVED BY THE TOWN COUNCIL ON JUNE 18, 2012 . ATTEST: _____________________________ Laura Wheat, Mayor _____________________________ Kelly Edwards, Town Secretary Town Council Minutes 05/07/12 Page 1 of 2 MINUTES OF THE TOWN OF WESTLAKE, TEXAS TOWN COUNCIL SPECIAL MEETING May 7, 2012 PRESENT: Mayor Laura Wheat and Council Members, Clif Cox, David Levitan, and Rick Rennhack. ABSENT: Tim Brittan and Carol Langdon OTHERS PRESENT: Assistant to the Town Manager Amanda DeGan, Town Secretary Kelly Edwards, and Director of Communications & Community Affairs Ginger Awtry. Special Session 1. CALL TO ORDER Mayor Wheat called the meeting to order at 6:49 p.m. 2. CITIZEN PRESENTATIONS AND RECOGNITIONS Mr. Allen Werst, 4035 Aspen Lane, provided information regarding the Poppy Kits that have been set up at local businesses in support of our Veterans with all proceeds to benefit the VFW in Roanoke. He also invited everyone to attend the Historical Marker Dedication ceremony and Decoration Day event sponsored by the Historical Preservation Society. Town Council Minutes 05/07/12 Page 2 of 2 3. CONSIDER APPROVAL OF RESOLUTION 12-18 DENYING ATMOS ENERGY CORP., MID-TEX DIVISION’S (“ATMOS MID-TEX”) REQUESTED RATE CHANGE. MOTION: Council Member Cox made a motion to approve Resolution 12- 18. Council Member Levitan seconded the motion. The motion carried by a vote of 3-0. 4. 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 Cox seconded the motion. The motion carried by a vote of 3-0. Mayor Wheat adjourned the meeting at 7:02 p.m. APPROVED BY THE TOWN COUNCIL ON JUNE 18, 2012. ATTEST: _____________________________ Laura Wheat, Mayor _____________________________ Kelly Edwards, Town Secretary Town Council Minutes 05/25/12 Page 1 of 2 MINUTES OF THE TOWN OF WESTLAKE, TEXAS TOWN COUNCIL WORKSHOP May 25, 2012 PRESENT: Mayor Laura Wheat, Council Members: Clif Cox, David Levitan, Carol Langdon and Rick Rennhack. PLANNING & ZONING BOARD MEMBERS: Bill Greenwood, Walter Copeland, Allan Heath, and Sharon Sanden. STAFF MEMBERS: Town Manager Tom Brymer, Town Secretary Kelly Edwards, Assistant to the Town Manager Amanda DeGan, Finance Director Debbie Piper, Director of Communications & Community Affairs Ginger Awtry, Planning and Development Director Eddie Edwards , Facilities and Recreation Director Troy Meyer, Director of Public Works Jarrod Greenwood, Fire Chief Richard Whitten, Human Resources and Administrative Services Director Todd Wood, Primary Principal Rod Harding, MYP Principal Clint Calzini, and WA Foundation Executive Director Dr. Shelly Myers Workshop Session 1. CALL TO ORDER Mayor Wheat Laura Wheat called the workshop to order at 12:06 p.m. 2. DISCUSSION ITEMS a. Center for the 21st Century Review presentation by Carolyn Corbin. i. “Westlake: Building Our Leadership Capacity” Mrs. Carolyn Corbin provided a presentation “Westlake: Building Our Leadership Capacity”. Mrs. Corbin asked the group to answer a survey “Are you a Community Leader 4.0 Assessment?” Town Council Minutes 05/07/12 Page 2 of 2 Discussion ensued regarding the Five Take-Away points, characteristics of a Wiki community, Mosaic concept, Community 3.0 versus 4.0, Leadership being the long term driving force of the community, characteristics of a 4.0 Community Leader, balancing paradoxes within our community, and change. b. Governance direction and planning for the future presentation by Mike Conduff. Mike Conduff provided a presentation “The On Target Board Member”. Discussion ensued regarding the eight (8) Indisputable Behaviors and how they look in a 4.0 Community. 3. DISCUSSION REGARDING THE VACANT COUNCIL SEAT AND POTENTIAL APPOINTMENT OF A NEW MEMBER. Mayor Wheat asked that the Council discuss this item prior to the Governance discussion. Mayor Wheat recommended the Council consider Mr. Michael Barrett as a person to fill the current vacancy on the Town Council. She has spoken with him directly and he is willing to serve until the next regular election, which would be May 2013. 4. COUNCIL RECAP / STAFF DIRECTION No Council discussion. 5. ADJOURNMENT Mayor Wheat adjourned the meeting at 4:10 p.m. APPROVED BY THE TOWN COUNCIL ON JUNE 18, 2012. ATTEST: _____________________________ Laura Wheat, Mayor _____________________________ Kelly Edwards, Town Secretary Page 1 of 2 estlake Town Council TYPE OF ACTION Regular Meeting - Consent Westlake Town Council Meeting Monday, June 18, 2012 TOPIC: Consider approval of Resolution Authorizing the destruction of Westlake Academy records in compliance with the Texas State Library and Archive Commission schedules. STAFF CONTACT: Kelly Edwards, Town Secretary DECISION POINTS Start Date Completion Date Timeframe: June 11, 2012 June 18, 2012 Records will be taken to the County for destruction in a timely manner. Funding: Amount - $0.00 Status- Funded Source- N/A Service free via Interlocal Agreement with Tarrant County Decision Alignment VVM Perspective Desired Outcome Exemplary Governance Operational Processes OP.Optimize the use of our Shared Services Model Strategic Issue Outcome Strategy Staff Action N/A N/A N/A Strategy Map or VVM Connection Strategic Issue Connection Page 2 of 2 EXECUTIVE SUMMARY In 1991 Council passed Ordinance 190 establishing Records Management. The Town Secretary is designated as the Record Manager. Pursuant to Chapter 2, Section 2-208, we are requesting the Town Council’s authorization to destroy the records contained on the attached destruction log. Each record has met its retention requirement as established by the Texas State Library and Archive Commission as adopted. If approved the Town will use an Interlocal agreement established with Tarrant County for destruction of these records. This is a free service provided by the County. Chapter 2 Sec. 2-208. Implementation of records control schedules; destruction of records under schedule. (a) A records control schedule that has been approved and adopted under section 2-207 shall be implemented according to the policies and procedures of the records management plan. (b) A record whose retention period has expired on a records control schedule shall be destroyed unless an open records request is pending on the record, the subject matter of the record is pertinent to a pending law suit, or there is a request in writing to the records management officer that the record be retained for an additional period. (c) Prior to the destruction of a record under an approved records control schedule, authorization for the destruction must be obtained by the records management officer from the board of aldermen. (Ord. No. 190, § 9, 10-10-1991) State law references: Retention periods, Local Government Code § 203.042. ORGANIZATIONAL HISTORY/RECOMMENDATION Approve the destruction request providing additional space for offices in the Arts & Sciences Building. ATTACHMENTS Resolution and Destruction Log Resolution 12-20 Page 1 of 2 TOWN OF WESTLAKE RESOLUTION NO. 12-20 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, AUTHORIZING THE DESTRUCTION OF WESTLAKE ACADEMY RECORDS IN COMPLIANCE WITH THE TEXAS STATE LIBRARY AND ARCHIVE COMMISSION SCHEDULES. WHEREAS, the Town Council adopted Chapter 2, Administration, Article VI, Records Management; and WHEREAS, it is desirable to reduce the cost of records storage of academic and municipal and records; and WHEREAS, the Town Council finds that the agreement from Tarrant County meets the necessary requirements of the records destruction requirements established by State law. 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 authorizes the destruction of those records that have met the retention requirements hereto as Exhibit “A” and further authorizes the Records Manager, Town Secretary, to destroy the said records in accordance to the State law through an Interlocal agreement with Tarrant County. 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 12-20 Page 2 of 2 SECTION 4: That this resolution shall become effective from and after its date of passage. PASSED AND APPROVED ON THIS 18th DAY OF JUNE 2012. _____________________________ Laura L. Wheat, Mayor ATTEST: _______________________________ ________________________________ Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager APPROVED AS TO FORM: ____________________________ L. Stanton Lowry, Town Attorney 6/13/2012 S:\Town Secretary\Town Council Meetings\Town Agendas\2012\06-18-12\Item 3d2 Res Attachment WA DestructionLog_05-18-2012Item 3d2 Res Attachment WA DestructionLog_05-18-2012 1 of 1 Schedule Record Series Number TYPE OF RECORD DESCRIPTION OF RECORD INCLUSIVE DATES LOCATION TO BE STORED STATE RETENTION PERIOD DESTRUCTION DATE Inventory Conducted DESTRUCTION DATE Letters of Schedule Schedule Assigned number Reference State Retention Heading/Type of Record Reference Specific Record Beginning and Ending Date of Materials Enclosed Off-site location (name of facility), Fire Station, Town Hall, etc Reference State Retention Schedules/Periods Calculated by State Retention Schedule according to last date in box or file 1st Initial/Last Name of person preparing box Date Record was destroyed SD 3275-02 (a,b)Attendance Reports Daily class attendance 8/2006-2/2007 file room at academy 5 years Mar-12 D. White SD 3275-02 (a,b)Attendance Reports Daily class attendance and 6 weeks reports 2005-2006 SY file room at academy 5 years Jul-11 D. White SD 3600-01 PEIMS PEIMS Submissions and Reports 8/2003-6/2007 file room at academy AV Jul-10 D. White SD 3325-02 Grade Books Grade Books 2004-2005 SY file room at academy 1 yr Jun-06 D. White SD 3325-02 Grade Books Grade Books 2006-2007 SY file room at academy 1 yr Jun-08 D. White Page 1 of 2 estlake Town Council TYPE OF ACTION Regular Meeting - Consent Westlake Town Council Meeting Sunday, June 17, 2012 TOPIC: Consider a resolution authorizing the Town Manager to execute an Advanced Funding Agreement with the Texas Department of Transportation for FM 1938 Green Ribbon landscape enhancements. STAFF CONTACT: Jarrod Greenwood, Director of Public Works DECISION POINTS Start Date Completion Date Timeframe: September 1, 2012 April 1, 2013 Estimated time of TxDOT contract Funding: Amount - $186,000 Status- Funded Source- Capital Projects Fund Decision Alignment VVM Perspective Desired Outcome Sense of Place Customer Focus CF.Enhance and Maintain a Sense of Community Strategic Issue Outcome Strategy Staff Action Capital Investment 6. Maximize the service provision level to our customers through the use of the shared services model, public/private partnerships, and implementation of SA 06.1: Seek Partnerships Page 2 of 2 innovative inter- governmental agreements. Strategy Map or VVM Connection Strategic Issue Connection EXECUTIVE SUMMARY As you may recall, Town staff applied for a TxDOT landscaping enhancement grant for FM 1938 medians last year and we were awarded $670,000. The proposed Advanced Funding Agreement with TxDOT provides a portion of funding for the installation of landscape enhancements in the FM 1938 medians from SH 114 to Randol Mill. The TxDOT grant pays for the materials, while Westlake is responsible for the installation costs. This work will include the installation of irrigation, trees, shrubs, sod, and wildflower seeding. The FM 1938 Landscape Enhancement project was recently bid by TxDOT with the lowest bidder’s amount of $856,000 exceeding the $670,000 provided through the TxDOT Green Ribbon funding. The Town originally anticipated funding the entire $856,000, however this grant means the Town will now only have to spend $186,000 for this phase of the landscape enhancement project. The Town will have to enter into an Advanced Funding Agreement (AFA) in order to provide the additional $186,000 needed to complete the improvements as bid. The proposed AFA does not constitute an increase to the capital project as the CIP was developed without TxDOT funding. ORGANIZATIONAL HISTORY/RECOMMENDATION Staff recommends approval ATTACHMENTS Resolution Proposed AFA with TxDOT Resolution 12-21 Page 1 of 2 TOWN OF WESTLAKE RESOLUTION NO. 12-21 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, AUTHORIZING THE TOWN MANAGER TO EXECUTE AN ADVANCED FUNDING AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR FM 1938 GREEN RIBBON LANDSCAPE ENHANCEMENTS. WHEREAS, the City Council finds that wayfinding and landscape enhancements benefits commuters and citizens and is in the best interest of residential and corporate citizens; and WHEREAS, Westlake desires to provide residents and commuters safe and aesthetically pleasing streets to travel; and WHEREAS, Westlake desires to provide an attractive road enhancement project; and WHEREAS, the Town Council finds that the Advanced Funding Agreement for the $186,000 difference of the project bid amount ($856,000) and the TxDOT funding amount ($670,000) is necessary for the construction of the landscape enhancements consistent with the FM 1938 Streetscape Master Plan; and WHEREAS, the Town Council finds that the passage of this Resolution is in the best interest of the public. 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 agreements with the Texas Department of Transportation, for the construction of landscape enhancements related to FM 1938, 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. Resolution 12-21 Page 2 of 2 SECTION 4: That this resolution shall become effective from and after its date of passage. PASSED AND APPROVED ON THIS 18TH DAY OF JUNE, 2012. __________________________________ Laura Wheat, Mayor ATTEST: ___________________________ __________________________________ Kelly Edwards, Town Secretary Tom Brymer, Town Manager APPROVED AS TO FORM: ___________________________ L. Stanton Lowry, Town Attorney CSJ # 1978-01-055 District # 02 - FTW Code Chart 64 # 45150 Project: FM 1938 Federal Highway Administration CFDA # 20.205 Not Research and Development AFA-LPAFA_ShortGen.doc Page 1 of 8 Revised 05/04/2012 STATE OF TEXAS § COUNTY OF TRAVIS § LOCAL TRANSPORTATION PROJECT ADVANCE FUNDING AGREEMENT For A Green Ribbon Landscape Improvement Program Project (On-System) THIS Local Project Advance Funding Agreement (LPAFA) is made by and between the State of Texas, acting by and through the Texas Department of Transportation, called the “State”, and the Town of Westlake, acting by and through its duly authorized officials, called the “Local Government.” WITNESSETH WHEREAS, a Master Agreement between the Local Government and the State has been adopted and states the general terms and conditions for transportation projects developed through this LPAFA; and, WHEREAS, the Texas Transportation Commission passed Minute Order Number 113073 that provides for the development of, and funding for, the Project described herein; and, WHEREAS, the State will allow the Local Government to participate in the Green Ribbon (GR) Landscaping Planting Program by having the Local Government maintain, with State approval and at no cost to the State, the landscaping improvements along FM 1938 from SH 114 to Randol Mill Road, as described in Attachment D, Green Ribbon Landscaping Planting Project Responsibilities, which is attached and made a part of this Agreement. WHEREAS, the Governing Body of the Local Government has approved entering into this LPAFA by resolution or ordinance dated _______________, 20__, which is attached to and made a part of this agreement as Attachment A for the development of the Project. A map showing the Project location appears in Attachment B, which is attached to and made a part of this agreement. NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties, to be by them respectively kept and performed as hereinafter set forth, it is agreed as follows: AGREEMENT 1. Period of the Agreement The period of this LPAFA is as stated in the Master Agreement, without exception. 2. Termination of this LPAFA Termination of this LPAFA shall be under the conditions as stated in the Master Agreement. This LPAFA may be terminated by the State if the Project is inactive for thirty-six (36) months or longer and no expenditures have been charged against federal funds. CSJ # 1978-01-055 District # 02 - FTW Code Chart 64 # 45150 Project: FM 1938 Federal Highway Administration CFDA # 20.205 Not Research and Development AFA-LPAFA_ShortGen.doc Page 2 of 8 Revised 05/04/2012 3. Amendments Amendments to this LPAFA shall be made as described in the Master Agreement, without exception. 4. Scope of Work The scope of work for this LPAFA is described as landscape enhancement along corridor of FM 1938 from SH 114 to Randol Mill Road. 5. Right of Way and Real Property Right of way and real property shall be the responsibility of the Local Government as stated in the Master Agreement, without exception. 6. Utilities Adjustment of utilities will be provided by the Local Government as required and as stated in the Master Agreement, without exception. 7. Environmental Assessment and Mitigation Environmental assessment and mitigation will be carried out as stated in the Master Agreement. Additionally, before the advertisement for bids, the Local Government shall provide to the State written documentation from the appropriate regulatory agency or agencies that all environmental clearances have been obtained. 8. Compliance with Texas Accessibility Standards and ADA Compliance with Texas Accessibility Standards and the Americans with Disabilities Act (ADA) will be as stated in the Master Agreement, without exception. 9. Architectural and Engineering Services Architectural and engineering services will be provided by the Local Government as stated in the Master Agreement. The Local Government is responsible for performance of any required architectural or preliminary engineering work. For projects on the state highway system, the design shall, at a minimum conform to applicable State manuals. For projects not on the state highway system, the design shall, at a minimum, conform to applicable American Association of State Highway and Transportation Officials design standards. The State may review and comment on the work as required to accomplish the public purposes of the State. The Local Government will cooperate fully with the State in accomplishing these local public purposes to the degree permitted by State and Federal law. 10. Construction Responsibilities Construction responsibilities will be carried out by the Local Government. 11. Project Maintenance Project maintenance will be undertaken by the Local Government as shown in Attachment D. 12. Local Project Sources and Uses of Funds A. A Project Budget Estimate is provided in Attachment C. The State and the Federal Government will not reimburse the Local Government for any work performed before the federal spending authority is formally obligated to the Project by the Federal Highway CSJ # 1978-01-055 District # 02 - FTW Code Chart 64 # 45150 Project: FM 1938 Federal Highway Administration CFDA # 20.205 Not Research and Development AFA-LPAFA_ShortGen.doc Page 3 of 8 Revised 05/04/2012 Administration. After federal funds have been obligated, the State will send to the Local Government a copy of the formal documentation showing the obligation of funds including federal award information. The Local Government is responsible for one hundred percent (100%) of the cost of any work performed under its direction or control before the Federal spending authority is formally obligated. B. If the Local Government will perform any work under this contract for which reimbursement will be provided by or through the State, the Local Government must complete training before federal spending authority is obligated. Training is complete when at least one individual who is working actively and directly on the Project successfully completes and receives a certificate for the course entitled Local Government Project Procedures Qualification for the Texas Department of Transportation. The Local Government shall provide the certificate of qualification to the State. The individual who receives the training certificate may be an employee of the Local Government or an employee of a firm that has been contracted by the Local Government to perform oversight of the Project. The State in its discretion may deny reimbursement if the Local Government has not designated a qualified individual to oversee the Project. C. A Source of Funds estimate based on the Transportation Improvement Program (TIP) is also provided in Attachment C. Attachment C shows the percentage and estimated dollar amount to be contributed to the project by federal, state, and local sources. The parties agree that the LPAFA may be amended from time to time as required to meet the funding commitments based on revisions to the TIP, Federal Project Authorization and Agreement (FPAA), or other federal document. D. The Local Government is responsible for all non-federal and non-state funding, including any project cost overruns, unless otherwise provided for in this agreement or through amendment of this agreement. E. Prior to the performance of any engineering review work by the State, the Local Government will pay to the State the amount specified in Attachment C. At a minimum, this amount shall equal the Local Government's funding share for the estimated cost of preliminary engineering for the project. At least sixty (60) days prior to the date set for receipt of the construction bids, the Local Government shall remit its remaining financial share for the State’s estimated construction oversight and construction costs. F. In the event that the State determines that additional funding by the Local Government is required at any time during the Project, the State will notify the Local Government in writing. The Local Government shall make payment to the State within thirty (30) days from receipt of the State’s written notification. G. Whenever funds are paid by the Local Government to the State under this Agreement, the Local Government shall remit a check or warrant made payable to the "Texas Department of Transportation Trust Fund." The check or warrant shall be deposited by the State in an escrow account to be managed by the State. Funds in the escrow account may only be applied by the State to the Project. If, after final Project accounting, excess funds remain in the escrow account, those funds may be applied by the State to the Local Government's contractual obligations to the State under another advance funding agreement with approval by appropriate personnel of the Local Government. H. If any existing or future local ordinances, commissioners court orders, rules, policies, or other directives, including but not limited to outdoor advertising billboards and storm water drainage facility requirements, are more restrictive than State or Federal Regulations, or if any other CSJ # 1978-01-055 District # 02 - FTW Code Chart 64 # 45150 Project: FM 1938 Federal Highway Administration CFDA # 20.205 Not Research and Development AFA-LPAFA_ShortGen.doc Page 4 of 8 Revised 05/04/2012 locally proposed changes, including but not limited to plats or replats, result in increased costs, then any increased costs associated with the ordinances or changes will be paid by the Local Government. The cost of providing right of way acquired by the State shall mean the total expenses in acquiring the property interests either through negotiations or eminent domain proceedings, including but not limited to expenses related to relocation, removal, and adjustment of eligible utilities. I. The state auditor may conduct an audit or investigation of any entity receiving funds from the State directly under this contract or indirectly through a subcontract under this contract. Acceptance of funds directly under this contract or indirectly through a subcontract under this contract acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. Any entity that is the subject of an audit or investigation must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. J. Payment under this contract beyond the end of the current fiscal biennium is subject to availability of appropriated funds. If funds are not appropriated, this contract shall be terminated immediately with no liability to either party. K. The Local Government is authorized to submit requests for reimbursement by submitting the original of an itemized invoice in a form and containing all items required by the State no more frequently than monthly and no later than ninety (90) days after costs are incurred. If the Local Government submits invoices more than ninety (90) days after the costs are incurred, and if federal funding is reduced as a result, the State shall have no responsibility to reimburse the Local Government for those costs. 13. Document and Information Exchange The Local Government agrees to electronically deliver to the State all general notes, specifications, contract provision requirements, and related documentation in a Microsoft® Word or similar document. If requested by the State, the Local Government will use the State's document template. The Local Government shall also provide a detailed construction time estimate including types of activities and month in the format required by the State. This requirement applies whether the Local Government creates the documents with its own forces or by hiring a consultant or professional provider. At the request of the State, the Local Government shall submit any information required by the State in the format directed by the State. 14. Incorporation of Master Agreement Provisions This LPAFA incorporates all of the governing provisions of the Master Agreement in effect on the date of final execution of this LPAFA, unless an exception has been made in this agreement. 15. Insurance If this Agreement authorizes the Local Government or its contractor to perform any work on State right of way, before beginning work the entity performing the work shall provide the State with a fully executed copy of the State's Form 1560 Certificate of Insurance verifying the existence of coverage in the amounts and types specified on the Certificate of Insurance for all persons and entities working on State right of way. This coverage shall be maintained until all work on the State right of way is complete. If coverage is not maintained, all work on State right of way shall cease immediately, and the State may recover damages and all costs of completing the work. CSJ # 1978-01-055 District # 02 - FTW Code Chart 64 # 45150 Project: FM 1938 Federal Highway Administration CFDA # 20.205 Not Research and Development AFA-LPAFA_ShortGen.doc Page 5 of 8 Revised 05/04/2012 16. Debarment Certification The parties are prohibited from making any award at any tier to any party that is debarred or suspended or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549, “Debarment and Suspension.” By executing this Agreement, the Local Government certifies that it is not currently debarred, suspended, or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549 and further certifies that it will not do business with any party that is currently debarred, suspended, or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549. The parties to this contract shall require any party to a subcontract or purchase order awarded under this contract to certify its eligibility to receive federal funds and, when requested by the State, to furnish a copy of the certification. 17. Cost Principles and Office of Management and Budget (OMB) Audit Requirements In order to be reimbursed with federal funds, the parties shall comply with the Cost Principles established in OMB Circular A-87 that specify that all reimbursed costs are allowable, reasonable, and allocable to the Project. 18. Notices All notices to either party shall be delivered personally or sent by certified or U.S. mail, postage prepaid, addressed to that party at the following address: Local Government: Mayor Town of Westlake 3 Village Circle, Suite 202 Westlake, Texas 76262 State: Director of Contract Services Texas Department of Transportation 125 E. 11th Street Austin, Texas 78701 All notices shall be deemed given on the date delivered in person or deposited in the mail, unless otherwise provided by this agreement. Either party may change the above address by sending written notice of the change to the other party. Either party may request in writing that notices shall be delivered personally or by certified U.S. mail, and that request shall be carried out by the other party. 19. Civil Rights Compliance The Local Government shall comply with the regulations of the U.S. Department of Transportation as they relate to non-discrimination (49 CFR Part 21 and 23 CFR Part 200), and Executive Order 11246 titled “Equal Employment Opportunity,” as amended by Executive Order 11375 and supplemented in the Department of Labor Regulations (41 CFR Part 60). 20. Disadvantaged Business Enterprise (DBE) Program Requirements A. The parties shall comply with the Disadvantaged Business Enterprise Program requirements established in 49 CFR Part 26. B. The Local Government shall adopt, in its totality, the State’s federally approved DBE program. CSJ # 1978-01-055 District # 02 - FTW Code Chart 64 # 45150 Project: FM 1938 Federal Highway Administration CFDA # 20.205 Not Research and Development AFA-LPAFA_ShortGen.doc Page 6 of 8 Revised 05/04/2012 C. The Local Government shall set an appropriate DBE goal consistent with the State’s DBE guidelines and in consideration of the local market, project size, and nature of the goods or services to be acquired. The Local Government shall have final decision-making authority regarding the DBE goal and shall be responsible for documenting its actions. D. The Local Government shall follow all other parts of the State’s DBE program referenced in TxDOT Form 2395, Memorandum of Understanding Regarding the Adoption of the Texas Department of Transportation’s Federally-Approved Disadvantaged Business Enterprise by Entity, and attachments found at web address http://txdot.gov/business/business_outreach/mou.htm. E. The Local Government shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any U.S. Department of Transportation (DOT)-assisted contract or in the administration of its DBE program or the requirements of 49 CFR Part 26. The Local Government shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure non-discrimination in award and administration of DOT-assisted contracts. The State’s DBE program, as required by 49 CFR Part 26 and as approved by DOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the Local Government of its failure to carry out its approved program, the State may impose sanctions as provided for under 49 CFR Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.). F. Each contract the Local Government signs with a contractor (and each subcontract the prime contractor signs with a sub-contractor) must include the following assurance: The contractor, sub-recipient, or sub-contractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this agreement, which may result in the termination of this agreement or such other remedy as the recipient deems appropriate. 21. Federal Funding Accountability and Transparency Act Requirements A. Any recipient funds under this Agreement agrees to comply with the Federal Funding Accountability and Transparency Act (FFATA) and implementing regulations at 2 CFR Part 170, including Appendix A. This Agreement is subject to the following award terms: http://edocket.access.gpo.gov/2010/pdf/2010-22705.pdf and http://edocket.access.gpo.gov/2010/pdf/2010-22706.pdf. B. The Local Government agrees that it shall: 1. Obtain and provide to the State and the Federal government, a Central Contracting Registry (CCR) number (Federal Acquisition Regulation, Part 4, Sub-part 4.1100) if this award provides for more than $25,000 in Federal Funding. The CCR number may be obtained by visiting the CCR website whose address is: https://www.bpn.gov/ccr/default.aspx; 2. Obtain and provide to the State a Data Universal Numbering System (DUNS) number, a unique nine-character number that allows the Federal government to track the distribution of federal money. The DUNS number may be requested free of charge for all businesses CSJ # 1978-01-055 District # 02 - FTW Code Chart 64 # 45150 Project: FM 1938 Federal Highway Administration CFDA # 20.205 Not Research and Development AFA-LPAFA_ShortGen.doc Page 7 of 8 Revised 05/04/2012 and entities required to do so by visiting the Dun & Bradstreet (D&B) on-line registration website http://fedgov.dnb.com/webform; and 3. Report the total compensation and names of its top five (5) executives to the State if: i. More than 80% of annual gross revenues are from the Federal government, and those revenues are greater than $25,000,000; and ii. The compensation information is not already available through reporting to the U.S. Securities and Exchange Commission. 22. Single Audit Report A. The parties shall comply with the requirements of the Single Audit Act of 1984, P.L. 98-502, ensuring that the single audit report includes the coverage stipulated in OMB Circular A-133. B. If threshold expenditures of $500,000 or more are met during the Local Government's fiscal year, the Local Government must submit a Single Audit Report and Management Letter (if applicable) to TxDOT's Audit Office, 125 E. 11th Street, Austin, TX 78701 or contact TxDOT’s Audit Office at http://www.txdot.gov/contact_us/audit.htm. C. If expenditures are less than $500,000 during the Local Government's fiscal year, the Local Government must submit a statement to TxDOT's Audit Office as follows: "We did not meet the $500,000 expenditure threshold and therefore, are not required to have a single audit performed for FY ______." D. For each year the project remains open for federal funding expenditures, the Local Government will be responsible for filing a report or statement as described above. The required annual filing shall extend throughout the life of the agreement, unless otherwise amended or the project has been formally closed out and no charges have been incurred within the current fiscal year. 23. Signatory Warranty Each signatory warrants that the signatory has necessary authority to execute this agreement on behalf of the entity represented. CSJ # 1978-01-055 District # 02 - FTW Code Chart 64 # 45150 Project: FM 1938 Federal Highway Administration CFDA # 20.205 Not Research and Development AFA-LPAFA_ShortGen.doc Page 8 of 8 Revised 05/04/2012 THIS AGREEMENT IS EXECUTED by the State and the Local Government in duplicate. THE LOCAL GOVERNMENT _________________________________ Signature _________________________________ Typed or Printed Name _________________________________ Title _________________________________ Date THE STATE OF TEXAS _________________________________ Janice Mullenix Director of Contract Services Texas Department of Transportation _________________________________ Date CSJ # 1978-01-055 District # 02 - FTW Code Chart 64 # 45150 Project: FM 1938 Federal Highway Administration CFDA # 20.205 Not Research and Development AFA-LPAFA_ShortGen.doc Page 1 of 1 Attachment A ATTACHMENT A RESOLUTION OR ORDINANCE CSJ # 1978-01-055 District # 02 - FTW Code Chart 64 # 45150 Project: FM 1938 Federal Highway Administration CFDA # 20.205 Not Research and Development AFA-LPAFA_ShortGen.doc Page 1 of 1 Attachment B ATTACHMENT B PROJECT LOCATION MAP CSJ # 1978-01-055 District # 02 - FTW Code Chart 64 # 45150 Project: FM 1938 Federal Highway Administration CFDA # 20.205 Not Research and Development AFA-LPAFA_ShortGen.doc Page 1 of 1 Attachment C ATTACHMENT C PROJECT BUDGET ESTIMATE AND SOURCE OF FUNDS Costs will be allocated based on 80% Federal funding and 20% State funding until the federal funding reaches the maximum obligated amount. The Local Government will then be responsible for 100% of the project costs. Description Total Estimated Cost Federal Participation State Participation Local Participation % Cost % Cost % Cost Environmental (by Local Government) $5,000.00 0% $0 0% $0 100% $5,000.00 Engineering (by Local Government) $25,000.00 0% $0 0% $0 100% $25,000.00 Construction (by State) $670,000.00 80% $536,000.00 20% $134,000.00 0% $0 Construction (by State) $186,000.00 0% $0 0% $0 100% $186,000.00 Subtotal $886,000.00 $536,000.00 $134,000.00 $216,000.00 Environmental Direct State Costs (@1.09%) $55.00 0% $0 100% $55.00 0% $0 Right of Way Direct State Costs $1.00 0% $0 100% $1.00 0% $0 Engineering Direct State Costs (@ 35%) $8,750.00 0% $0 100% $8,750.00 0% $0 Utility Direct State Costs $1.00 0% $0 100% $1.00 0% $0 Construction Direct State Costs (@ 9.94%) $18,488.00 0% $0 100% $18,488.00 0% $0 Indirect State Costs (@ 7.27%) $64,412.00 0% $0 100% $64,412.00 0% $0 TOTAL $977,707.00 $536,000.00 $225,707.00 $216,000.00 Initial payment by the Local Government to the State: $0 Payment by the Local Government to the State before construction: $186,000.00 Estimated total payment by the Local Government to the State $186,000.00 This is an estimate. The final amount of Local Government participation will be based on actual costs. CSJ # 1978-01-055 District # 02 - FTW Code Chart 64 # 45150 Project: FM 1938 Federal Highway Administration CFDA # 20.205 Not Research and Development AFA-LPAFA_ShortGen.doc Page 1 of 1 Attachment C ATTACHMENT D Green Ribbon Landscaping Planting Project Responsibilities Contract Period The Green Ribbon Landscaping Planting Project between the State and the Local Government becomes effective upon the date of final execution of this Agreement by the State, and the maintenance responsibilities by the Local Government shall extend from the completion of the landscape installation by the State’s contractor, and remain in effect for a five year period. The agreement shall then renew automatically on an annual basis until it is mutually determined by the Local Government and the State the plant materials are sufficiently established to survive without additional care, or until this Agreement is terminated or modified as stated in the Master Agreement. State's Responsibilities The State will install landscaping and irrigation in accordance to the plans and specifications set forth in the Project. The Local Government, having had the opportunity to review the plans, may provide input to the Engineer regarding the installation of the plant material and irrigation system under the contract. Local Government's Responsibilities Following the completed installation of the landscape items as shown in the plans, the Local Government will assume maintenance of the Project in accordance with State standards. The Local Government will: For the work of plant maintenance, provide all reasonable means to preserve the plants existing within the project limits in a healthy and vigorous growing condition. This maintenance activity shall include but not be limited to the following: (1) Watering plants and vegetation (2) Plant bed and basin maintenance including shaping, weed control, and mulching/mulch layering (3) Plant replacement after the original plant maintenance period (4) Insect, Disease, and Animal Control (5) Fertilizing (6) Mowing and Trimming (7) Re-staking, re-guying, re-bracing and, when applicable, removal of staking, guying and bracing (8) Pruning (9) Litter pickup Page 1 of 2 estlake Town Council TYPE OF ACTION Regular Meeting - Consent Westlake Town Council Meeting Monday, June 18, 2012 TOPIC: Consider a Resolution authorizing the Town Manager to execute Change Order No. 1 with Peachtree Construction LTD., on the 2012 CIP Paving Project. STAFF CONTACT: Jarrod Greenwood, Director of Public Works DECISION POINTS Start Date Completion Date Timeframe: April 2, 2012 September 14, 2012 Estimated time of contract Funding: Amount - $13,306.62 Status- Funded Source- Bond Issuance Decision Alignment VVM Perspective Desired Outcome Exemplary Governance Operational Processes OP.Preserve our Infrastructure to Meet the Life Expectancy of our Assets Strategic Issue Outcome Strategy Staff Action Capital Investment 1. Existing Infrastructure Reinvestment (Current Assets) SA 05.3: Capital Reinvestment Strategy Map or VVM Connection Strategic Issue Connection Page 2 of 2 EXECUTIVE SUMMARY The adopted 5 year Capital Improvement Plan includes several street and drainage construction projects. Council awarded the current 2012 CIP paving contract to Peachtree Construction in the amount of $486,641.26 at the February 27th regular meeting. As a reminder, this contract provided for street and drainage reconstruction as identified below: • Stagecoach Hills - 8” stabilized subgrade with 4” asphalt pavement, regrading of bar ditches, and replacement of drainage culverts as needed. • Roanoke Road (north of SH 170) - 8” stabilized subgrade with 4” asphalt pavement, regrading of bar ditches, and replacement of the existing metal culvert pipe and widen the roadway at the creek to provide a safer road. The proposed change order to the 2012 CIP paving contract will provide for the installation of guard rail on both side of the Roanoke Road at a creek crossing where we recently installed new drainage pipe. As the original plans did not include this work, staff met with the Town’s engineer, Graham Associates, and it was determined that a guardrail is warranted at this location. The original bid award amount of $486,641.26 would increase by $13,306.62 making the new contracted amount total $499,947.88. With the proposed increased, the contract amount is still under budget by approximately $90,000. Funding for this project, as well as the proposed additional cost, is from bond revenues from the first issuance last year. ORGANIZATIONAL HISTORY/RECOMMENDATION Staff recommends approval ATTACHMENTS Resolution, Proposed Change Order # 1 Resolution 12-22 Page 1 of 2 TOWN OF WESTLAKE RESOLUTION NO. 12-22 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, AUTHORIZING THE TOWN MANAGER TO EXECUTE CHANGE ORDER No. 1 WITH HORTON EXCAVATING REGARDING THE ROANOKE ROAD WATER LINE IMPROVEMENTS PROJECT. WHEREAS, the state requires water purveyors to provide a safe and adequate supply of water to citizens and water customers within their geographic service area; and WHEREAS, the Town Council find that the installation of this waterline to integrate Stagecoach Hills into the Westlake water system is sound infrastructure planning consistent with goals and objectives within the adopted strategic plan; and WHEREAS, the Town Council finds that the work related to Change Order No. 1 was necessary to successfully complete the project and that funding is appropriate; and. WHEREAS, the Town Council finds that the passage of this Resolution is in the best interest of the public. 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 Council of the Town of Westlake, Texas, hereby approves Exhibit “A”, Change Order No. 1, with Horton Excavating in the amount of $13,852.00, for additional work relating to the construction of water line improvements on Roanoke Road to serve Stagecoach Hills attached here to as and further authorizes the Town Manager to execute said Change Order 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. Resolution 12-22 Page 2 of 2 SECTION 4: That this resolution shall become effective from and after its date of passage. PASSED AND APPROVED ON THIS 18th DAY OF JUNE 2012. ATTEST: _____________________________ Laura L. 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, June 18, 2012 TOPIC: Consider a Resolution authorizing the Town Manager to execute Change Order No. 1 with Horton Excavating on the Roanoke Road water line improvements project . STAFF CONTACT: Jarrod Greenwood, Director of Public Works DECISION POINTS Start Date Completion Date Timeframe: May 1, 2012 August 31, 2012 Estimated time of contract Funding: Amount - $13,852.00 Status- Funded Source- Utility Fund Decision Alignment VVM Perspective Desired Outcome Exemplary Governance Operational Processes OP.Preserve our Infrastructure to Meet the Life Expectancy of our Assets Strategic Issue Outcome Strategy Staff Action Capital Investment 1. Existing Infrastructure Reinvestment (Current Assets) SA 05.3: Capital Reinvestment Strategy Map or VVM Connection Strategic Issue Connection Page 2 of 2 EXECUTIVE SUMMARY The Town acquired several water service areas from the City of Keller in 2001. The purchase agreement stipulated a transition of water lines from the City of Keller’s water system to the Town of Westlake’s water system to occur within three years. The integration of Stagecoach Hills into the Town’s water system was planned to occur in two phases: the first was completed in Summer 2010 and included the replacement of the old 2” and 4” water lines within the neighborhood with either 6” or 8” waterlines. The second phase will connect the proposed improvements in Stagecoach Hills to an existing Town of Westlake 20” waterline on Roanoke Road near the Chrysler Financial facility. The Roanoke Road water line construction is currently under way and progressing on schedule. In an effort to keep the project on schedule, staff directed the contractor to relocate a portion of the water line to resolve a conflict with other existing utilities with the understanding that the work would justify additional compensation. This added work involved replacing erosion control fencing and burying the water line deeper in certain areas. The original bid award of $213,958.72 would increase by $13,852.00 making the new contracted amount total $227,810.72 Funding for this project, as well as the proposed additional cost, are from the Utility Fund balance. ORGANIZATIONAL HISTORY/RECOMMENDATION Staff recommends approval ATTACHMENTS Resolution, Proposed Change Order # 1 Resolution 12-23 Page 1 of 2 TOWN OF WESTLAKE RESOLUTION NO. 12-23 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, AUTHORIZING THE TOWN MANAGER TO EXECUTE CHANGE ORDER #1 ON THE 2012 CIP PAVING PROJECT. WHEREAS, Westlake desires to provide residents and commuters with safe streets adequate drainage; and WHEREAS, the Town Council finds that the proposed construction provides sound infrastructure planning consistent with goals and objectives within the adopted strategic plan; and WHEREAS, the Town Council finds that the proposed change order is necessary for the project; and WHEREAS, the Town Council finds that the passage of this Resolution is in the best interest of the public. 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 Council of the Town of Westlake, Texas, hereby approves Change Order No. 1, in the amount of $13,306.62, for additional work relating to the construction of guardrail along Roanoke Road, and further authorizes the Town Manager to execute said Change Order 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. Resolution 12-23 Page 2 of 2 SECTION 4: That this resolution shall become effective from and after its date of passage. PASSED AND APPROVED ON THIS 18th DAY OF JUNE 2012. ATTEST: _____________________________ Laura L. Wheat, Mayor ____________________________ ______________________________ Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager APPROVED AS TO FORM: ____________________________ L. Stanton Lowry, Town Attorney EXHIBIT “A” SECTION 00970 CONTRACT CHANGE ORDER Order No: ( 1 ) Date: 4/16/12 OWNER: Town of Westlake Project: Roanoke RD. waterline Engineer: Graham and associates Contractor: Horton Excavating You are hereby requested to comply with the following changes from the contract plans and specifications: DESCRIPTION OF CHANGES DECREASE INCREASE Item # 1 Extra depth to the line work ($6/LF X 2,022 LF) $ $12,132.00 Relocated silt fence due to alignment conflict $ 1,720.00 TOTALS $ $13,852.00 NET CHANGE IN CONTRACT PRICE $ $13,852.00 JUSTIFICATION: Town changed the plans and added extra depth and moved the alignment of the water line to resolve conflict with existing utilities. The Amount of the Contract will be increased By the Sum of thirteen thousand eight hundred fifty-two dollars and zero cents ($13,852.00). The Contract Total – including this and previous Change Orders will be: Two hundred twenty seven thousand eight hundred ten dollars and seventy two cents ($22 7,810.72) OWNER: Date: ENGINEER: Date: CONTRACTOR: Zach Nichols Date: 4/16/2012 Page 1 of 2 estlake Town Council TYPE OF ACTION Regular Meeting - Consent Westlake Town Council Meeting Monday, June 18, 2012 TOPIC: Consideration a Resolution Appointing and Reappointing Affiliate Board Members. STAFF CONTACT: Kelly Edwards, Town Secretary DECISION POINTS Start Date Completion Date Timeframe: June 18, 2012 June 1, 2013 Funding: Amount - $0.00 Status- Funded Source- N/A N/A Decision Alignment VVM Perspective Desired Outcome Sense of Place Customer Focus CF.Enhance and Maintain a Sense of Community Strategic Issue Outcome Strategy Staff Action N/A N/A N/A Strategy Map or VVM Connection Strategic Issue Connection Page 2 of 2 EXECUTIVE SUMMARY Members with expiring terms have been contacted by the Town Secretary and asked to respond as to their desire to continue to serve as a board, commission or committee member. The spreadsheet indicates the names of the board commission, committee members and their current status and new applicants that have applied for vacant positions. Please note that there are open positions on a few of the boards which you may also wish to make appointments to fill those vacancies at this time as well as consider any additional recommendations during the Consent Items discussion on the workshop agenda. Mrs. Neidich has application reflects her desire to serve on both the Westlake Academy Foundation and Public Art boards. ORGANIZATIONAL HISTORY/RECOMMENDATION N/A ATTACHMENTS Two new applications and the Annual Appointment Resolution Resolution 12-24 Page 1 of 5 TOWN OF WESTLAKE RESOLUTION NO. 12-24 REAPPOINTING AND APPOINTING MEMBERS TO THE 4B ECONOMIC DEVELOPMENT BOARD; WESTLAKE HISTORICAL PRESERVATION SOCIETY; PLANNING AND ZONING COMMISSION; PUBLIC ART SOCIETY OF WESTLAKE; TEXAS STUDENT HOUSING AUTHORITY BOARD OF DIRECTORS; THE TEXAS STUDENT HOUSING AUTHORITY; THE TEXAS STUDENT HOUSING CORPORATION – DENTON PROJECT; AND THE WESTLAKE ACADEMY FOUNDATION, AND RESOLVING RELATED MATTERS. 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 following individuals are hereby appointed/reappointed to the 4B Economic Development Board: Term Expiration Laura Wheat, Mayor June 2013 Carol Langdon, Council Member June 2013 Michael Barrett, Council Member June 2013 Rick Rennhack, Council Member June 2013 David Brown, Non-Council Member June 2013 Gregg Malone, Non-Council Member June 2011 Vacant , Non-Council Member June 2013 As a result of the appointments heretofore stated, the 4B Economic Development Board is represented by the following: Term Expiration Laura Wheat, Mayor June 2013 Carol Langdon, Council Member June 2013 Michael Barrett, Council Member May 2013 Rick Rennhack, Council Member June 2013 David Brown, Non-Council Member June 2013 Gregg Malone, Non-Council Member June 2013 Vacant, Non-Council Member June 2013 Resolution 12-24 Page 2 of 5 SECTION 3: THAT the following individuals are hereby appointed/reappointed to the Westlake Historical Preservation Society: Term Expiration Kristi Layton June 2012 Karen Stoltenberg June 2012 Kelly Bradley June 2012 Stephen Thornton June 2013 Bert Schultz June 2013 Jim Budarf June 2013 Megan Brady June 2012 As a result of the appointment heretofore stated, the Westlake Historical Preservation Society, is represented by the following: Term Expiration Kristi Layton June 2015 Karen Stoltenberg June 2015 Stephen Thornton June 2013 Bert Schultz June 2013 Jim Budarf June 2013 Megan Brady June 2015 Vacant June 2015 SECTION 4: THAT the following individuals are hereby appointed reappointed to the Planning and Zoning Commission: Term Expiration William Greenwood June 2013 Sharon Sanden June 2013 Wayne Stoltenberg June 2012 Walter Copeland June 2012 Allen Heath June 2012 As a result of the appointment s heretofore stated, the Planning and Zoning Commission is represented by the following: Term Expiration William Greenwood June 2013 Vacant June 2013 Wayne Stoltenberg June 2014 Walter Copeland June 2014 Allen Heath June 2014 Sharon Sanden (Alternate member) June 2014 Resolution 12-24 Page 3 of 5 SECTION 5: THAT the following individuals are hereby appointed/reappointed to the Westlake Public Art Society: Term Expiration Bryan Biddle June 2013 Amelia Johnson June 2013 Trish Biddle June 2012 Debra Hale June 2012 Kelly Cox June 2012 Gail James June 2013 Leah Rennhack June 2013 Vacant June 2013 April Gallagher June 2013 Staff Liaison- Town Manager or his appointee As a result of the appointment heretofore stated, the Westlake Public Art Society is represented by the following: Term Expiration Bryan Biddle June 2013 Amelia Johnson June 2013 Trish Biddle June 2013 Rebecca Neidich June 2013 Gail James June 2013 Kelly Cox June 2014 Vacant June 2014 Vacant June 2014 Vacant June 2014 (Board Liaison) Staff Liaison Town Manager or his appointee SECTION 6: THAT the following individuals are hereby reappointed to the Texas Student Housing Authority, the Texas Student Housing Corporation, the Texas Student Housing Corporation – Denton Project, the Texas Student Housing Corporation – College Station Project; Term Expiration Jim Carter June 2012 Vacant June 2012 Scott Bradley June 2012 Gregg Malone June 2012 George Ledak June 2013 Vacant June 2013 Vacant June 2013 Resolution 12-24 Page 4 of 5 As a result of the appointments heretofore stated, the Texas Student Housing Authority, the Texas Student Housing Authority, and the Texas Student Housing Corporation – Denton Project, are represented by the following: Term Expiration Jim Carter June 2014 Gregg Malone June 2014 Scott Bradley June 2014 George Ledak June 2013 Vacant June 2014 Vacant June 2013 Vacant June 2013 SECTION 7: THAT the following individuals are hereby appointed/reappointed to the Westlake Academy Foundation Board of Directors: Term Expiration Leah Rennhack June 2012 Casey Paulson June 2012 Kelly Cox June 2012 Bill Greenwood June 2012 Charlotte Ryan June 2012 Kevin Hansen June 2012 April Gallagher June 2012 Vacant June 2012 Ken Gorden June 2013 Rob Scott June 2013 Sean Shope June 2013 Zan Jones June 2013 Vacant June 2013 As a result of the appointment s heretofore stated, the Westlake Academy Foundation is represented by the following: Term Expiration Leah Rennhack June 2014 Rebecca Neidich June 2014 Kelly Cox June 2014 Bill Greenwood June 201? Charlotte Ryan June 2014 Kevin Hansen June 2014 April Gallagher June 2014 Vacant June 2014 Ken Gorden June 2013 Sean Shope June 2013 Resolution 12-24 Page 5 of 5 Zan Jones June 2013 Vacant June 2013 Vacant June 2013 SECTION 8: 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 9: That this resolution shall become effective from and after its date of passage. PASSED AND APPROVED ON THIS 18th DAY OF JUNE 2012. 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 - Action Item Westlake Town Council Meeting Monday, June 18, 2012 TOPIC: Consideration and Discussion to Elect a Mayor Pro Tempore. STAFF CONTACT: Kelly Edwards, Town Secretary DECISION POINTS Start Date Completion Date Timeframe: June 18, 2012 May 1, 2013 Funding: Amount - $0.00 Status- Funded Source- N/A N/A Decision Alignment VVM Perspective Desired Outcome Leadership Operational Processes CF.Promote Best Practice Policy Governance Strategic Issue Outcome Strategy Staff Action N/A N/A N/A Strategy Map or VVM Connection Strategic Issue Connection Page 2 of 2 EXECUTIVE SUMMARY Pursuant to Local Government Code 22.037 the Town Council shall elect a Mayor Pro Tempore following the May General election. The Mayor Pro Tem shall perform the duties Mayor in cases of absence or inability of the Mayor to perform such duties. The Mayor Pro Tem shall have the right to vote as a member of the Town Council. ORGANIZATIONAL HISTORY/RECOMMENDATION N/A ATTACHMENTS N/A EXECUTIVE SESSION The Council will conduct a closed session pursuant to Texas Government Code, annotated, Chapter 551, Subchapter D for the following: a. Section 551.087: Deliberation Regarding Economic Development Negotiations – to deliberate the offer of a financial or other incentive to a business prospect. Town of Westlake Item # 5 – Executive Session Town of Westlake Item # 6 – Reconvene Meeting TAKE ANY ACTION FROM EXECUTIVE SESSION, IF NECESSARY a. Section 551.087: Deliberation Regarding Economic Development Negotiations – to deliberate the offer of a financial or other incentive to a business prospect. Town of Westlake Item # 7 – Take any Action, if necessary FUTURE AGENDA ITEMS: Any Council member may request at a workshop and / or Council meeting, under “Future Agenda Item Requests”, an agenda item for a future Council meeting. The Council Member making the request will contact the Town Manager with the requested item and the Town Manager will list it on the agenda. At the meeting, the requesting Council Member will explain the item, the need for Council discussion of the item, the item’s relationship to the Council’s strategic priorities, and the amount of estimated staff time necessary to prepare for Council discussion. If the requesting Council Member receives a second, the Town Manager will place the item on the Council agenda calendar allowing for adequate time for staff preparation on the agenda item. - None Town of Westlake Item #8 - Future Agenda Items Strategic Issue June - 2012 July – 2012 August - 2012 September - 2012 October - 2012 November - 2012 Capital Investment • Examine public safety communication interoperability for Westlake (pg. 10, SA 2.2) • Report on trail connectivity with surrounding communities (pg. 10, SA 3.2 ) • Evaluation of WA campus needs and expansion options (pg. 10, SA 3.3) • FM 1938 Completion (pg. 9, SA 1.3) • Review of emergency and fleet maintenance needs and replacement (pg. 10, SA 2.1) • Review current technology plans – draft technology plan (pg. 10, SA 2.3) • Feasibility study for water/sewer impact fees –Tentative (pg. 10, SA 3.1) • Report on Hwy 170 / NTTA project (pg. 10, SA 4.1) Fiscal Stewardship & Organizational Effectiveness • Budget Preparations (pg. 10, SA 5.1) • Examine Town’s capacity for reinvestment in technology, FFE and capital expenditures, etc. (pg. 11, SA 5.3) Human Resources (Employee Investment) • Prepare report on staffing needs as part of 5-year forecast (pg. 12, SA 1.1) • Report on cross- training and shared services evaluations (pg. 12, SA 1.2) Comprehensive Planning and Management of Natural Resources • Review existing plan provisions of hiring consultant to assist in Comp Planning document (pg. 12, SA 9.A.1) • Provide Council with report outlining programs that would assist residents in recycling efforts (pg. 13, SA 10.1) Public Safety and Emergency Preparedness • Evaluate that all departments have adequate training, etc. to address emergency situations (pg. 13, SA 12.1) JU L Y B R E A K - CO U N C I L COUNCIL CALENDAR - Town Offices Closed July 4, 2012 - Town Council Budget Workshop August 10, 2012; 4:00 – 8:00 p.m. (Town Hall) - Board of Trustee Meeting August 13, 2012 - First Day of School August 23, 2012 - Town Council Meeting August 27, 2012 Town of Westlake Item # 10 – Council Calendar Town of Westlake Item # 11 – Adjournment