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[A. REGULAR MEETING – Call to Order (5:30 P.M.) ]

[00:00:09]

ALL RIGHTS. THE TOWN OF WESTLAKE TOWN COUNCIL BOARD OF TRUSTEES AGENDA.

MONDAY, SEPTEMBER 11TH, 2023, 5:30 KICKOFF HERE.

WE'RE GOING TO START OFF WITH THE REGULAR MEETING CALL TO ORDER.

FIRST ITEM IS PLEDGE OF ALLEGIANCE.

[C. CITIZEN/PARENT COMMENTS: ]

START OFF WITH CITIZEN AND PARENT COMMENTS.

WE HAVE TWO.

WE HAVE ANDREW KUSTER.

ANDREW KUSTER, 1803 SHADY GROVE COURT IN WESTLAKE.

JUST COMING TO SPEAK AGAINST ORDINANCE 971, WHICH IS THE 90 PARKING SPOTS ON SAM'S SCHOOL ROAD.

I LIVE IN GLEN WICK FARMS AND MY KIDS ARE TOO OLD NOW, BUT THEY USED TO RIDE THEIR BIKES UP AND DOWN WHEN IT WAS THE LARRY NORTH FACILITY.

IT'S A REAL SAFE STREET.

IT WASN'T ON STREET PARKING.

CARS COULD GET AROUND BECAUSE IT WAS TWO LANES EACH WAY.

I'M ALSO CONCERNED A BUNCH OF FOLKS ARE GOING TO COME THERE AND PARK NON WESTLAKE RESIDENTS USE THEIR, PARK THERE, UNLOAD THEIR BIKES.

WE'RE STARTING TO SEE THAT ALL OVER THE STREETS AROUND US.

AND IF YOU PUT 90 SPOTS THERE, YOU'RE JUST GOING TO INVITE TONS OF NON WESTLAKE RESIDENTS ONE TO INUNDATE THAT TRAIL.

I LIVE RIGHT OFF THAT TRAIL.

WE HAD A BURGLARY LAST YEAR AT THE HOUSE ACROSS THE STREET FROM ME WHERE PEOPLE CAME IN THROUGH THE TRAIL.

AND I'M JUST TRYING TO DO EVERYTHING I CAN TO KIND OF DO WHAT WE CAN TO KEEP THAT FROM WESTLAKE RESIDENTS.

AND I THINK LOADED UP WITH 90 SPOTS IS GOING TO BE UNSAFE.

AND I GET THEY MIGHT NEED MORE PARKING SPOTS THERE.

BUT I THINK THEY KNEW THE SIZE OF THAT LOT WHEN THEY BOUGHT IT.

SO IF THEY NEED A PARKING GARAGE, GO FOR IT.

BUT I JUST DON'T WANT TO SEE IT ON THE STREETS.

IT'S JUST GOING TO REALLY IMPACT THE TRAFFIC INTO TWO LANES.

THANKS. THANK YOU VERY MUCH.

THANK YOU. BROOKS RILEY.

THANK YOU, MAYOR, FOR ALLOWING ME TO SPEAK AND COUNCILMEMBERS AS WELL.

SO I'M HERE TO COMPLAIN ABOUT OUR HOMEOWNERS ASSOCIATION.

I LIVE IN ENTRADA OVER ON CORTEZ AND THEY JUST HIT US WITH A $1,500 SPECIAL ASSESSMENT BECAUSE SUPPOSEDLY THEY RAN OUT OF MONEY.

THIS IS PRETTY TYPICAL, I BELIEVE, WITH HOMEOWNERS ASSOCIATIONS, ISN'T IT, THAT THEY DO THE LEAST AMOUNT THEY CAN POSSIBLY DO AND THEN COLLECT THEIR MONEY, OF COURSE, EVERY YEAR OR MONTHLY, DEPENDING ON WHAT IT IS.

BUT THE NEIGHBORHOOD IS JUST NOT BEING TAKEN CARE OF.

IF YOU RIDE DOWN CORTEZ THERE'S A MEDIAN ON THAT STREET WHERE THEY'RE SUPPOSED TO BE SOME WILD GRASS AND THINGS OF THAT NATURE.

BUT YOU SEE THE DRIP LINES AND EVERYTHING'S EXPOSED.

THEY'RE NOT SUPPOSEDLY THEY WERE SUPPOSED TO CLEAN OUR WINDOWS QUARTERLY OVER THERE WHEN THEY FOUND OUT WHAT KIND OF JOB THAT WAS GOING TO BE.

THEY TRIED TWICE, UNSUCCESSFULLY.

AND THEY'RE NOT DOING IT ANYMORE, AS FAR AS I CAN TELL.

WE HAVEN'T DONE IT IN THE LAST YEAR.

SO WE JUST HAVE A HOMEOWNERS ASSOCIATION THAT DOESN'T SEEM TO BE DOING WHAT THEY PROMISED TO BE DOING FOR US OVER THERE.

AND I HAVEN'T CONTACTED THEM BECAUSE I FEEL LIKE ANY TYPE OF RECOMMENDATIONS MIGHT FALL ON DEAF EARS OVER THERE.

SO I DON'T KNOW IF THERE'S SOMETHING WE CAN DO HERE.

CITY COUNCIL, BUT YOU KNOW, ONE LAST THING I'D LIKE TO MENTION IS THAT THE CVS OVER THERE AND I DON'T THINK THEY FALL UNDER THE HOMEOWNER'S ASSOCIATION, I THINK THEY DO THEIR OWN MAINTENANCE.

BUT IF YOU'VE BEEN THERE.

THAT'S A PRETTY SAD LOOKING STORE.

I'VE BEEN IN WORSE NEIGHBORHOODS AND SEEN A CVS THAT LOOKS BETTER THAN WHAT WE HAVE HERE, AND THAT'S NOT REPRESENTATIVE, I THINK OF A TOWN T

[00:05:01]

HAT GOES WITH THE SLOGAN DISTINCTIVE BY DESIGN.

RIGHT. THAT CVS IS A REAL EYESORE.

I'D LIKE TO SEE SOMETHING HAPPEN OVER THERE AS WELL.

SO THAT'S THE END OF MY TIME.

THANK YOU VERY MUCH. THANK YOU VERY MUCH.

THANK YOU. IS THERE ANYONE ELSE THAT DIDN'T TURN THE CARD IN THAT WOULD LIKE TO SPEAK NOW? ALL RIGHT. MOVING ON TO REPORTS, STARTING OFF WITH A QUARTERLY REPORT FROM P&Z.

[E. REPORTS: ]

GOOD EVENING, MAYOR AND COUNCIL. I KNOW YOUR AGENDA SAYS THE P&Z CHAIRMAN WOULD DO THIS ITEM, BUT HE WASN'T ABLE TO ATTEND TONIGHT.

SO I'LL BE HAPPY TO GO THROUGH THIS VERY BRIEFLY WITH YOU AND ANSWER ANY QUESTIONS YOU MIGHT HAVE.

SO JUST GOING AROUND TOWN, THE DELOITTE PROJECT IS UNDERWAY.

THEY'RE PUTTING THE STREETS AND THE UTILITIES IN FOR THAT PROJECT AS WE SPEAK.

OF COURSE, THE SITE PLAN WAS APPROVED LAST MONTH AND SO LATER THIS YEAR, PROBABLY IN DECEMBER, THEY'RE GOING TO HAVE THE BUILDING PERMIT ISSUED ON THAT PROJECT.

SORRY, WHICH PROJECT WAS THIS? DELOITTE UNIVERSITY PHASE TWO.

KIND OF HARD TO SEE FROM DOVE ROAD YOU CAN SEE IT.

THEY PUT SOME FENCING UP THERE AND THEY'RE ALSO WORKING MOST OF THE UTILITY WORK IS HAPPENING AT WESTLAKE PARKWAY, WHERE IT INTERSECTS WITH CAPITAL PARKWAY.

AND THEN THE VILLAGIO DEVELOPMENT, WHICH IS THE SOUTHWEST CORNER OF PEARSON AND DOVE ROAD.

THAT ZONING WAS APPROVED AND NOW THEY'RE WORKING ON THE CIVIL CONSTRUCTION PLANS FOR THAT.

WE'RE REVIEWING THOSE THAT WILL PROBABLY BE READY TO GO HERE IN A COUPLE OF MONTHS AS WELL, WHERE THEY'LL START PUTTING THE STREETS IN AND THINGS LIKE THAT FOR THAT RESIDENTIAL THAT WAS 17 SINGLE FAMILY RESIDENTIAL LOTS.

AND THEN AS FAR AS OTHER ACTIVE PROJECTS, THE LIFETIME FITNESS SHOULD BE DONE IN ABOUT NINE MONTHS THERE.

THE BUILDING IS GONE UP THE THE WALLS AND THEY'RE JUST PUTTING ALL THE FINISHING TOUCHES ON THE BUILDING AND PUTTING THE INTERIOR IMPROVEMENTS IN.

AND AGAIN, THAT SHOULD BE DONE AROUND MAY OF NEXT YEAR.

AND THEN JUST A BRIEF UPDATE ON ENTRADA, THE REPOSITORY BUILDING, WE HAVE BEEN IN COMMUNICATION WITH THEM AND THEY ARE TRYING TO GET THAT KICK STARTED AGAIN GOING.

SO WE'LL SEE WHAT HAPPENS HERE IN THE NEXT FEW MONTHS.

AND ALL I CAN SAY ON THAT IS JUST STAY TUNED AND WE'LL SEE SEE WHERE THAT LEADS.

OTHER THAN THAT, WE HAVE ISSUED TEN BUILDING PERMITS SO FAR THIS YEAR.

WE'RE KIND OF DOWN COMPARED TO OTHER OTHER YEARS AND MAINLY THAT'S DUE TO OUR LOT I NVENTORIES ARE STARTING TO DWINDLE A LITTLE BIT AND AT ENTRADA OF COURSE, WE'VE HAD ISSUES GETTING PERMITS ISSUED IN THAT DEVELOPMENT AS THE COUNCIL IS AWARE.

SO WITH THAT, I'LL BE GLAD TO ANSWER ANY QUESTIONS THAT YOU HAVE ABOUT DEVELOPMENT THAT'S GOING ON AROUND TOWN.

RON I DO HAVE ONE QUESTION.

THE GENTLEMAN THAT ASKED, WHAT POWER DO WE HAVE OVER THESE HOMEOWNERS ASSOCIATION? AND HIS COMMENT ABOUT CVS IS ABSOLUTELY CORRECT.

IT'S FILTHY AND IT'S NOT REFLECTIVE OF THIS NEIGHBORHOOD.

WHAT POWER DO WE HAVE? SO WE DON'T HAVE A LOT OF POWER WHERE WE DO IN THE CASE OF ENTRADA, WE CAN APPLY LEVERAGE IN OTHER WAYS BECAUSE OBVIOUSLY THERE'S A LOT THAT REMAINS UNBUILT IN ENTRADA.

WE CAN TRY TO HOLD THE DEVELOPER TO ACCOUNT BECAUSE THE DEVELOPER IN ENTRADA IS THE DECLARANT FOR THE PROPERTY OWNERS ASSOCIATION, SO THEY'RE STILL IN CHARGE OF IT.

SO THERE IS AGAIN, SOME LEVERAGE THE TOWN CAN APPLY THERE.

BUT IN CASES WHERE THE THE LOT OWNERS IN THE DEVELOPMENT HAVE TAKEN OVER THE HOA, IT'S VERY DIFFICULT SOMETIMES TO GET THEM TO DO ANYTHING OTHER THAN JUST TRYING TO NUDGE THEM THE BEST AS BEST WE CAN FROM THE TOWN PERSPECTIVE.

ARE WE ABLE TO ASSESS FINES OR PENALTIES FOR NEGLIGENCE OR QUALITY? IF IT VIOLATES A TOWN ORDINANCE OR REGULATION WE CAN.

AND IN THE CASE OF ENTRADA, SINCE THERE ARE SO MANY DIFFERENT REGULATIONS IN THAT DEVELOPMENT, THERE'S CHANCES ARE WE CAN LOOK INTO IT, ESPECIALLY ON THE CVS.

WE'LL FOLLOW UP ON THAT TO SEE.

I WOULD APPRECIATE IF YOU WOULD. WHAT WE CAN DO ON THAT.

AND RON, I KEEP GETTING PEOPLE ASK THE BLACK FENCING ALONG 114 AND SOLANA PARKWAY IS THAT'S A STAGING AREA FOR DELOITTE OR WHAT'S GOING ON THERE? I THINK YOU'RE TALKING ABOUT CAPITAL PARKWAY ACROSS FROM WHERE FIDELITY IS.

YES. OKAY.

SO WHAT FIDELITY IS DOING IS THEY'RE DREDGING THEIR PONDS AND THEY ACTUALLY STARTED WORKING ON THIS A COUPLE OF YEARS AGO.

IT JUST TOOK THEM A LONG TIME TO GET TO THE POINT WHERE THEY'RE ACTUALLY DOING IT.

SO WHAT THEY'RE DOING IS PULLING THE DIRT THEY DREDGE OUT OF THE PONDS AND THEY'RE LAYING IT OUT IN THOSE LONGHORN PASTURE TO LET IT DRY OUT, AND THEN THEY'RE GOING TO HAUL IT OFF. SO THEY JUST THEY'RE SCREENING IT SO YOU CAN'T SEE WHAT THEY'RE DOING.

OKAY. SO NO FIVE STAR HOTEL.

NO. OKAY. JUST CHECKING.

SORRY. HEY, RON, IT'S VIC.

YES, SIR. WITH RESPECT TO THE REPOSITORY, ARE THERE ANY CONDITIONS RELATED TO THE BUILDING PERMIT THERE FOR

[00:10:09]

PERFORMANCE ON ANY TIMELINES? SO THE BUILDING PERMIT TECHNICALLY WILL EXPIRE IN OCTOBER BECAUSE BUILDING PERMITS ARE ISSUED IN SIX MONTH INTERVALS.

HOWEVER, WE TYPICALLY WILL EXTEND A PERMIT PAST THAT POINT BECAUSE IT JUST TAKES A WHILE TO BUILD A BUILDING.

MOST HOMES IN WESTLAKE TAKE ABOUT ONE AND A HALF TO TWO YEARS TO BUILD, AND ON THE COMMERCIAL SIDE, IT COULD TAKE UP TO TWO YEARS AS WELL.

BUT IN THE CASE OF AN ABANDONED SITE WHERE EVERYTHING HAS COME TO A COMPLETE HALT, WE WOULD TYPICALLY LET THAT PERMIT EXPIRE AND THEN WORK WITH IN THE CASE OF THE AMR PROPERTY, WHICH AMR IS THE PROPERTY OWNER, SORRY, THE REPOSITORY PROPERTY, WE WOULD THEN BEGIN MITIGATION TO RETURN THE SITE TO ITS PRE DEVELOPED CONDITION.

SO WE KNOWING THAT THIS EXPIRATION DATE WAS COMING UP, WE'VE REACHED OUT TO THE PROPERTY OWNER TO LET THEM KNOW.

AND SO WHAT THEY'VE SAID TO US IS THAT THEY WOULD NOT THEY DON'T WANT IT TO EXPIRE.

THEY'RE WORKING ON GETTING FINANCING TO RESTART CONSTRUCTION.

SO WE'VE GIVEN THEM A LIST OF CONDITIONS THAT NEED TO BE MET TO KEEP THE PERMIT FROM EXPIRING.

AND SO WE'RE STILL WORKING THROUGH ALL THAT AS WE SPEAK.

SO THAT'S WHERE THINGS STAND RIGHT NOW.

THANK YOU. ACTUALLY, I HAD THE SAME QUESTION ABOUT THE RESTAURANTS BECAUSE I THINK IT WAS IN THIS PRESENTATION, IT SAID THAT THERE WAS KIND OF PROGRESS HAD STALLED OUT WITH THE DEVELOPERS. SO COULD YOU JUST KIND OF GIVE US AN UPDATE ON THAT ONE, TOO? SO ON THE RESTAURANTS, WE'VE RECEIVED PERMITS GOING BACK ABOUT A YEAR AGO ON TENANT FINISH OUTS.

AND WHAT WE'VE ASKED FOR INFORMATION FROM THEM ON FOR EXAMPLE, THE HUGO'S INVITADOS, THEY LET US KNOW THAT THEY WANT TO MAKE SOME CHANGES TO THE BUILDINGS TO ACCOMMODATE THE RESTAURANT.

SO WE TOLD THEM WE NEED TO SEE THE PLANS OF YOUR WHAT YOU'RE WANTING TO DO SO WE CAN DETERMINE WHAT THE CHANGES ARE AND THEN LET YOU KNOW IF THIS IS GOING TO REQUIRE ANY FURTHER APPROVAL, FOR EXAMPLE, FROM TOWN COUNCIL OR THIS IS SOMETHING THAT COULD JUST BE APPROVED AS PART OF THE BUILDING PERMIT.

SO WE'RE STILL WAITING TO RECEIVE THAT INFORMATION FROM THE DEVELOPER.

AND IN OTHER SITUATIONS THE PERMITS HAVE BEEN ISSUED FOR THE TENANT FINISH OUT.

THEY JUST NEVER CAME IN AND DID THE WORK ON THE OTHER BUILDING.

MR. QUINT WE ALSO HAD AN EMAIL THAT WAS SENT TO US TODAY STATING THAT HUGO'S HAD TURNED IN ANOTHER PERMIT.

BUT ACCORDING TO OUR SYSTEM, WE JUST NEED TO LOOK AND MAKE SURE THAT THEY HAVE GIVEN US ALL THE INFORMATION THAT WE REQUIRED OF THEM TO GET IT STARTED.

I KNOW WE'VE GOT A COUPLE OF GUYS FROM PLANNING AND ZONING HERE.

THANK YOU ALL FOR BEING HERE.

I MEAN, I THINK WE'RE ALL IN AGREEMENT.

I THINK THE TOWN WOULD FEEL THE SAME WAY THAT ANYTHING WE CAN DO TO FAST TRACK IT WITHOUT, YOU KNOW, DOING SHODDY WORK.

I MEAN, YOU KNOW, WE GOT YOU KNOW, WE GOT A GROUP THAT WANTS TO BE IN WESTLAKE AND ANYTHING WE COULD DO TO SPEED IT UP WITHOUT COMPROMISING OUR TOWN, I THINK THAT'S KIND OF THE MAJORITY FEEL.

IS THAT ACCURATE? OH, FOR SURE. FOR SURE.

SAME QUESTION ON THE RETAIL.

AND I THINK IT'S THE TEN UNIT CONDO.

AGAIN, I THINK THERE WAS A COMMENT IN THIS PRESENTATION THAT SAID THAT HAD STOPPED AS WELL.

COULD YOU JUST GIVE US AN UPDATE THERE? SO WHAT HAPPENED THERE WAS THERE WAS A UTILITY ISSUE.

THE ELECTRIC LINE WASN'T WHERE IT WAS SUPPOSED TO BE, BASICALLY, SO THEY COULDN'T BUILD THE BUILDING FOUNDATION OVER THAT ELECTRIC LINE.

SO TRI-COUNTY, WHICH IS THE ELECTRIC PROVIDER IN THE AREA, HAD TO COME IN AND MOVE IT.

AND SO THEY'VE BEEN WORKING WITH THE CONTRACTOR ON THAT.

SO THAT'S WHAT SERVED TO DELAY THAT PROJECT.

AND UNFORTUNATELY WITH ENTRADA, BECAUSE EVERYTHING'S SO PACKED IN TIGHT, WE RUN INTO THESE ISSUES ALL THE TIME WHERE THE UTILITIES ARE A LITTLE OFF OR MAYBE WEREN'T PUT WHERE THEY'RE SUPPOSED TO BE. AND SO WE HAVE TO GO IN AND REMEDY THOSE SITUATIONS WHEN CONSTRUCTION STARTS.

SO WHO PAYS FOR THAT? IN THIS CASE, IT'S THE PROPERTY OWNER THAT'S PAYING FOR IT.

I BELIEVE IT'S EITHER TRI-COUNTY OR THE PROPERTY OWNER.

THEY MAY BE ACTUALLY SHARING THOSE COSTS, BUT THE TOWN ISN'T INVOLVED ON THAT.

RON, JUST TO EDUCATE ME, HOW DOES THAT GET LIKE FINAL SIGN OFF OR APPROVAL IF IT'S IN THE WRONG SPOT? ARE YOU, HOW DID IT GET TO THAT POINT OR? SO WHEN THE SUBDIVISION WAS BEING BUILT, WHEN THE IMPROVEMENTS WERE BEING PUT IN THE WATER, SEWER AND ELECTRIC THAT.

SO THE TOWN WILL INSPECT IT FOR THE WATER UTILITIES AND THE DRAINAGE TO MAKE SURE IT'S IN THE RIGHT PLACE.

BUT IN THE CASE OF THE FRANCHISE UTILITIES, THEY WILL TYPICALLY COME OUT AND DO THEIR OWN INSPECTIONS TO MAKE SURE THAT THEIR LINES ARE IN THE RIGHT PLACE.

AND IN ENTRADA, IT JUST SOMETIMES THERE WERE CASES WHERE EVEN IF IT'S JUST A TWO FEET OFF, IT MAKES ALL THE DIFFERENCE IN THE WORLD ON ISSUING THESE PERMITS BECAUSE ENTRADA HAS NO BUILDING SETBACKS.

SO THESE BUILDINGS CAN GO ANYWHERE ON THE LOT.

AND RON, WHERE YOU'RE TALKING ABOUT IS JUST NORTH OF CVS.

CORRECT? THAT'S CORRECT, YES.

THANKS. ANY OTHER QUESTIONS? ALL RIGHT. THANK YOU. THANK YOU.

[H. CONSENT AGENDA: ]

[00:15:03]

WE'RE GOING TO QUICKLY JUMP AHEAD TO CONSENT AGENDA.

ANYONE SEE ANYTHING ON CONSENT THEY WANT TO TALK ABOUT? LOOK, AT THE RISK OF ANNOYING THE REST OF COUNCIL I THINK I HAVE QUESTIONS ON MOST AND FOR THE FEW I DON'T.

JUST A TWO MINUTE OVERVIEW OF JUST WHAT THE AGENDA ITEM IS WOULD BE EXTREMELY HELPFUL.

OKAY, I WILL.

ANYONE ELSE? ANYONE ELSE? I WOULD LIKE TO HEAR MAYOR AROUND H5 THE ORDINANCE THAT THE GENTLEMAN SPOKE ABOUT.

PARKING. SURE.

THAT'S A GOOD IDEA. ALL RIGHT, LET'S GO.

H1 23-223.

CONSIDER APPROVAL OF TOWN COUNCIL BOARD OF TRUSTEES MINUTES FOR THE FOLLOWING MEETINGS.

CAN I JUST. I'M SORRY. ON H 1, I JUST WANT TO MAKE AN OBSERVATION BEFORE WE GO AHEAD AND JUST VOTE.

I DID READ OBVIOUSLY THE MINUTES.

THEY DO LOOK INTACT FROM JULY AND I THINK THE OTHER WAS AUGUST, IF I'M NOT MISTAKEN.

I JUST WANT TO REFER BACK TO THE JULY MEETING.

I THINK A NUMBER OF ITEMS OF INFORMATION HAVE BEEN REQUESTED BY A COUPLE OF MEMBERS OF COUNCIL.

AND I JUST WANT TO REMIND TOWN THAT WE'RE, I THINK, STILL WAITING FOR SOME OF THESE.

I THINK IT WENT FROM THE JULY.

IT WAS F2 23-190.

I THINK VIC HAD ASKED FOR SPECIFICS ABOUT DONATIONS AND HOW THAT RELATED TO THE SCHOOL BUDGET.

I KNOW FROM MY STANDPOINT, I ASKED FOR A NUMBER OF ITEMS THAT WOULD FEED INTO THE TOWN BUDGET.

I THINK WE CAN ADDRESS THAT MORE SPECIFICALLY WHEN WE GET TO THE ACTUAL TOWN BUDGET ITEM.

BUT I THINK SOME OF THOSE PIECES ARE STILL OUTSTANDING.

MAYOR, I KNOW YOU ASKED FOR A BREAKDOWN OF FUND BALANCE OF 43.4 MILLION.

WE'RE STILL WAITING FOR THAT.

AND KIM, I KNOW YOU HAD ASKED FOR ATTRITION RATES FOR WESTLAKE ACADEMY, SO I KNOW THAT'S PROBABLY SOMETHING WE WANT TO FOLLOW UP ON AS WELL.

BUT THAT'S THE ONLY OBSERVATION I WANTED TO MAKE.

OKAY. WELL, BUT OTHERWISE WE CAN APPROVE IT BECAUSE IT'S OTHERWISE FACTUALLY CORRECT.

YEAH, WE CAN DO IT AT THE VERY END.

WE'LL JUST GO THROUGH THEM ALL AND THEN WHICH ONES WE HAVE HEARTBURN WITH? WE CAN SAVE THAT AT THE VERY END.

OKAY. JUST MAKE IT EASY SO WE CAN DO CONSENT IN ONE SHOT.

H2 ORDINANCE 976 CONSIDERING AMENDING AN ORDINANCE 938 AMENDING THE MASTER FEE SCHEDULE BY ADOPTING ORDINANCE 976 AND TAKE APPROPRIATE ACTION.

YES. I HAVE A BRIEF QUESTION ON THIS ONE.

YES, RON, I DON'T KNOW IF YOU WANT TO HAVE A SORT OF A TWO MINUTE OVERVIEW AND THEN I CAN JUST ASK MY QUESTION.

BUT. OH, YEAH.

WE COULD DO A BRIEF OVERVIEW.

YEAH, THAT'LL BE HELPFUL. SO ON THE POWERPOINT YOU HAVE IN FRONT OF YOU, THIS KIND OF GIVES YOU A SUMMARY OF ALL THE CHANGES THAT ARE BEING MADE ON THE BUILDING INSPECTION AND PUBLIC WORKS SIDE. WE'RE DOING THIS IN RESPONSE TO I'M SORRY, ON THE PUBLIC WORKS SIDE.

WE'RE DOING THIS IN RESPONSE TO A STATE LAW CHANGE WHERE WE CAN'T USE VALUATIONS ANYMORE ON CONSTRUCTION INSPECTIONS.

SO WE ACTUALLY HAVE TO USE FOR WHAT WE'RE PROPOSING TO DO IS BASICALLY RECOVER THE COSTS THAT WE PAY OUR CONSULTANTS, PLUS A 10% ADMINISTRATIVE FEE.

AND BUILDING INSPECTIONS WE'RE JUST RAISING PERMIT FEES BY 4.7% FOR AS IT RELATES TO NEW RESIDENTIAL ADDITIONS AND ACCESSORY BUILDING PERMITS.

AND THEN ON THE PLANNING AND ZONING SIDE, THE SITE PLAN RESIDENTIAL SITE PLAN FEE IS REALLY DIRECTED MORE AT ENTRADA BECAUSE WE DON'T REALLY REQUIRE RESIDENTIAL SITE PLANS ANYWHERE ELSE IN TOWN.

THIS IS AGAIN TO RECOVER THE COST OF THE TOWN ARCHITECT REVIEW OF THESE SITE PLANS.

AND THEN THE FACILITIES AND THE FIRE AND EMS SERVICES FEES, AGAIN, ARE THE ONLY OTHER FEE INCREASES WE'RE PROPOSING AS PART OF THIS. OKAY.

I THINK MY ONLY QUESTION HERE, WE'VE HAD AGENDA ITEMS IN THE PAST RELATING TO THE REZONING OF CERTAIN AREAS OF TOWN.

AND OBVIOUSLY ONCE THAT'S REZONED, IT KIND OF LIMITS OUR FLEXIBILITY IN WHAT CAN HAPPEN.

DO WE CHARGE FOR A REZONING? YES, SIR. WE DO.

WHAT IS THAT CHARGE? DO YOU KNOW? OFFHAND, IT'S NOT VERY MUCH, RIGHT? WELL, IT'S ACTUALLY THERE'S SEVERAL DIFFERENT FEES BUILT INTO THAT.

SO THERE'S A FEE FOR A CONCEPT PLAN, A SEPARATE FEE FOR A DEVELOPMENT PLAN IF IT'S A PD DISTRICT.

OKAY. AND THEN THERE'S A STRAIGHT REZONING FEE FOR JUST A REZONING FROM ONE CATEGORY TO ANOTHER.

IT'S BASED ON AND I DON'T HAVE THE EXACT FEE IN FRONT OF ME, BUT IT'S BASED ON THE ACREAGE.

OKAY. AND THEN AN UPFRONT FLAT FEE.

OKAY, PERFECT.

AND WE DID NOT RAISE WE ARE NOT PROPOSING RAISING THOSE THIS TIME BECAUSE OUR FEES ARE ACTUALLY SOME OF THE HIGHEST IN THE AREA IN TERMS OF JUST WHAT WE CHARGE.

OKAY. BUT I MEAN, IF A DEVELOPER COMES TO US AND ASKS TO REZONE A PARTICULAR PROPERTY AND THEN ABANDONS THE PROJECT, I MEAN, IS THERE AN ADDITIONAL FEE THAT WE CAN LEVY OR ARE WE JUST LEFT WITH THE REZONED PROPERTY OR DO WE HAVE FLEXIBILITY THAT WE CAN JUST REZONE IT AS WE NEED TO GOING FORWARD?

[00:20:03]

THE TOWN COULD ALWAYS REZONE IT OR INITIATE THE REZONING PROCESS IF WE NEEDED TO.

IT WOULD BE BEST TO HAVE PROPERTY OWNER WORK WITH US ON THAT.

BUT IF WE'RE IF WE HAVE A PROPERTY THAT'S BEEN REZONED AND THEN NOTHING OCCURS, TYPICALLY WE WON'T HAVE ANY WAY TO RECOVER.

I MEAN, THERE WON'T BE ANY ADDITIONAL FEE THAT'S CHARGED AFTER IF NOTHING HAPPENS, UNLESS THERE IS A DEVELOPMENT AGREEMENT THAT WE HAD THAT WAS EXECUTED, THAT HAD SOME TYPE OF ADDITIONAL FEE OR ESCROW THAT THE TOWN COULD KEEP.

OKAY. OKAY.

THAT WAS MY ONLY QUESTION. SO THANK YOU VERY MUCH.

OKAY. ALL RIGHT. WE'RE GOING TO MOVE ON TO H-32 ORDINANCE 977.

I GOT QUESTIONS ON THIS ONE.

RIGHT? CONSIDERING ADOPTING ORDINANCE 977 AND ADOPTING THE 2021 INTERNATIONAL CONSTRUCTION CODE AND 2020 NATIONAL ELECTRIC CODE BY AMENDING CHAPTER 18 BUILDINGS AND BUILDING REGULATION. ARTICLE TWO CODES SECTION 18 THROUGH 31 SECTIONS 18 THROUGH 43 AND CHAPTER 38 FIRE PROTECTION AND PREVENTION PROTECTION.

ARTICLE TWO CODE SECTION 38 THROUGH 31 AND SECTIONS 38 THROUGH 34 AND TAKE APPROPRIATE ACTION.

DIDN'T WE DO THIS IN NOVEMBER? WHAT HAPPENED WITH THAT? NO, WE THE LAST TIME WE DID IT WAS WE DO THEM IN THREE YEAR CYCLES AND IT'S TIME TO DO IT AGAIN.

THE LAST ONE WERE THE 17 AND 18 CODE, 17 ELECTRIC CODE 18 BUILDING AND TRADE CODES.

AND THEN NOW IT'S TIME FOR THE 21 CODES.

THE ONLY. DIDN'T WE DO A REPEAL AND REPLACE IN NOVEMBER.

WE DID IN ENGINEERING DIDN'T WE WITH THE SEWER LIKE WE HAD TO.

OH THAT'S PUBLIC WORKS AND THAT'S NOT THESE ARE CONSTRUCTION CODES.

THESE ARE THE BUILDING CODES AND ELECTRIC TRADE CODES IS WHAT THIS IS.

IT'S JUST SOMETHING WE DO EVERY YEAR AND THE ONLY AMENDMENTS WE HAVE AND THAT'S WHY WE HAD TO PUT IT IN AN ORDINANCE IS THE COG AMENDMENTS.

WE TAKE THE COG AMENDMENTS AND PUT THEM IN WESTLAKE.

SO THE IDEAL IS SO ALL OF THE DIFFERENT CITIES HAVE THE SAME AMENDMENTS.

IF THERE'S ANYTHING SPECIFIC TO OUR REGION, THEN IT'S PUT IN THERE AND IT FITS THE DIFFERENT CODES.

AND SO THAT'S WHY IT DOESN'T LOOK THAT'S THE MOST AVAILABLE CODE RIGHT NOW.

AND THE REASON WE HAVE TO KEEP THERE'S A LOT OF REASONS TO KEEP AVAILABLE WITH IT OR KEEP CURRENT WITH IT IS BECAUSE OF NEW MATERIALS AND THINGS LIKE THAT THAT ARE COMING IN.

THEN THE OTHER ONE IS THE ISO WE GET.

WE JUST WENT THROUGH ISO AGAIN WHERE THEY RATED US, RATED OUR DEPARTMENT RATED THE FIRE DEPARTMENT TO SET THE INSURANCE RATES.

SO WE NEED TO KEEP THE MOST CURRENT CODES TO KEEP THAT UP.

WE DID IT A YEAR AGO.

WE MOVED UP IN THE ISO RATING AND WE'VE MOVED UP ABOUT AS FAR AS WE'RE GOING TO WITH OUR CURRENT SETUP, BUT WE JUST WANT TO KEEP THOSE UPDATED.

IT'S FAIR TO ALL THE TRADE CODES TOO, BECAUSE ALL OF THE OTHER CITIES ARE ADOPTING THEM AND YOU DON'T WANT TO HAVE DELOITTE'S A GOOD EXAMPLE.

SO WE HAD ENOUGH FLEXIBILITY TO SAY, HEY, WE'RE ABOUT TO ADOPT THIS, I'LL GO AHEAD AND DO THE 21S.

AND SO WE DO THAT FOR THE BUILDERS TOO.

WE LET THEM KNOW, HEY, THIS IS COMING UP.

BUT THEN WE HAVE THE ABILITY IF THEY'VE GOT SOMEONE THAT'S COME IN AND THEY'VE ALREADY DRAWN PLANS UP UNDER THE 18 CODES, WE ALTHOUGH IT GOES INTO EFFECT OCTOBER 1ST, WE'VE GOT THE ABILITY TO GIVE THEM ALL THE WAY TO DECEMBER THE 31ST IF THEY'VE ALREADY SPENT A LOT OF MONEY ON THE OLDER CODES, WE JUST DON'T LET THEM PICK AND CHOOSE.

THEY CAN'T SAY, WELL, I WANT 18 FOR THE PLUMBING AND 21 NOW IT'S GOT TO BE ALL OR ONE.

DOES THAT DOES THAT ANSWER MOST OF YOUR QUESTIONS? YEAH, I CAN NERD OUT ON THIS STUFF, SO I DON'T WANT TO.

[LAUGHTER] AND MAYOR MR. QUINT, I THINK YOU'RE WHAT YOU'RE TALKING ABOUT IS H9 THOSE ENGINEERING STANDARDS.

YEAH. YEAH. THIS COUNCIL DID APPROVE THOSE BACK IN NOVEMBER, BUT THAT REPEAL AND REPLACE WAS DONE INCORRECTLY AND IT REMOVED ALL OF OUR ENGINEERING STANDARDS.

SO WE NEEDED TO GET THOSE BACK IN PLACE.

AND THAT'S THE PURPOSE FOR H 9 AND WE MIGHT AS WELL JUMP TO THAT ONE REAL QUICK WHERE WE'RE AT IT.

THAT'S FINE. RON, DO YOU WANT TO SPEAK TO THAT? THE ORDINANCE 978 CONSIDERING ADOPTING 978.

CHAPTER 36 ENGINEERING STANDARDS WESTLAKE CODE OF ORDINANCES.

WHAT HAPPENED WITH THAT ONE? WELL, SO THIS WAS THERE WAS AN ORDINANCE LAST YEAR TO AMEND THE ENGINEERING STANDARDS THAT WAS APPROVED AND I'M NOT SURE HOW IT OCCURRED, BUT WHAT IT HAD, THE UNINTENDED EFFECT OF DOING WAS REPEALING ALL OF THE CHAPTER 36 ENGINEERING CODES, WHICH IS ARTICLES ONE THROUGH NINE.

THERE WERE BASICALLY STRICKEN OUT OF THE CODE AND IT ADOPTED A NEW STORMWATER QUALITY MANUAL AND NEW STANDARD DESIGN DETAILS FOR ALL SORTS OF DIFFERENT INFRASTRUCTURE.

SO THAT'S WHAT REPLACED IT.

SO IT BASICALLY RENDERED EVERYTHING USELESS BECAUSE THOSE JUST ARE VERY TARGETED CODES.

SO WE'RE TRYING TO RESTORE THE CODES THAT WERE TAKEN OUT.

I'M SORRY, WHEN WAS THIS? OCTOBER OR NOVEMBER.

SEPTEMBER IS WHEN THAT [INAUDIBLE] APPROVED.

AND DO WE DO WE CALL THE PERSON AND ASK THEM WHAT HAPPENED? YES, IT WAS JUST A ADMINISTRATIVE OVERSIGHT.

SO. ANYWAY, THIS WILL FIX THAT AND GET IT AT LEAST BACK TO NORMAL.

BUT I WOULD RECOMMEND WE PROBABLY TAKE ANOTHER SWIPE AT CHAPTER 36 AND A FEW MONTHS JUST TO MAKE SURE THAT EVERYTHING'S WHERE IT NEEDS TO BE.

[00:25:05]

BUT THIS WILL AT LEAST ADDRESS THE IMMEDIATE CONCERN OF GETTING ALL OF OUR MAIN ENGINEERING DESIGN STANDARDS BACK IN PLACE.

OKAY. ANY OTHER QUESTIONS? NOPE. ALL RIGHT.

JUMP OVER TO RESOLUTION 23-52.

CONSIDERING APPROVING RESOLUTION 23-52 AUTHORIZING AN INTERLOCAL AGREEMENT BETWEEN THE TOWN OF WESTLAKE PURCHASING ASSOCIATION OF COOPERATIVE ENTITIES PACE AND TAKE APPROPRIATE ACTION. YES, MAYOR.

THE COOPERATIVE ENTITY OF PACE IS A COOPERATIVE ENTITY THAT WE USE TO PURCHASE ALL OF OUR APPLE PRODUCTS.

SO FOR THE SCHOOL IS THE BIGGEST USER OF APPLE.

BUT WE HAVE SOME APPLE PRODUCTS WITHIN THE TOWN AS WELL.

AND PACE JUST ENSURES THAT WE HAVE A PURCHASING COOPERATIVE THAT'S ONLINE THAT GIVES US A BETTER PRICE ON THOSE PRODUCTS.

ANY QUESTIONS ON THAT? NO, THAT ANSWERED MY ONE QUESTION.

MY OTHER ONE WAS, HAVE WE USED THEM HISTORICALLY OR IS THIS A CHANGE? NO, MY UNDERSTANDING IS WE HAVE NOT USED THEM HISTORICALLY.

WE HAVE NOT USED THEM HISTORICALLY.

APPLE HAD A CONTRACT WITH THE TEXAS DEPARTMENT OF INFORMATION RESOURCES.

FOR WHATEVER REASON, THEY DID NOT RENEW THAT.

AND THEY SENT ME NOTICE IN AUGUST SAYING YOU NEED TO CHOOSE ONE OF THESE TEN OTHER ENTITIES THAT ARE A CO OP AND PACE IS THROUGH REGION 20.

SO THEY'RE KIND OF NOT TOO FAR AWAY FROM US THERE IN TEXAS AT LEAST.

AND THEY'RE JUST ANOTHER PURCHASING CO-OP.

WE DON'T HAVE ANY UPCOMING PURCHASES WE'RE PLANNING.

IT'S JUST TO GET ANOTHER CO-OP ON RECORD SO THAT IF WE DO NEED TO MAKE PURCHASES, WE CAN.

THANK YOU. ALL RIGHT, LET'S JUMP OVER TO H 5 FOR MR. KOSTER HERE. ORDINANCE 971 CONSIDERING ADOPTING AN ORDINANCE 971 AMENDING CHAPTER 90 TRAFFIC AND VEHICLES WESTLAKE CODE OF ORDINANCE AND ALLOWING FOR ON STREET PARKING BY VEHICLES ALONG SAM SCHOOL ROAD.

COME ON DOWN, RON. YES.

MAYOR COUNCIL. THIS IS ACTUALLY IN RESPONSE TO A REQUEST BY LIFETIME FITNESS.

THEY CAME TO US REQUESTING ADDITIONAL PARKING CAPACITY FOR LIFETIME.

AND WHERE ARE THEY CURRENTLY AT NOW? WHAT'S THEIR PARKING CAPACITY NOW? THEY'RE IT'S APPROXIMATELY 530 SPACES AND THEIR ENGINEER IS ACTUALLY HERE AS WELL.

AND. HERE'S THE ISSUE WITH THAT.

THEY'VE GOT ENOUGH PARKING THAT WAS APPROVED WITH THEIR SITE PLAN, BUT THERE'S A PARKING EASEMENT THAT OVERLAYS ABOUT 100 OF THOSE SPACES THAT'S OWNED BY TAKE, TXRE WHICH OWNS THE SOLANA PLAZA ACROSS SAM SCHOOL ROAD.

AND SO LIFETIME WANTED TO AT LEAST ENSURE THEY HAD ENOUGH CAPACITY TO ADDRESS THEIR ANTICIPATED DEMAND FOR THEIR BUSINESS.

THEY APPROACHED THE TOWN ABOUT DOING ON STREET SPACES, SO THEY PERFORMED A TRAFFIC IMPACT STUDY WHICH OUR ENGINEER REVIEWED AND CREATED SOME DIAGRAMS AND CAME UP WITH A PROPOSAL.

WE REVIEWED IT AND DETERMINED THAT IT'S FEASIBLE.

IT ALSO ACTUALLY LINES UP WITH OUR COMPREHENSIVE PLAN RECOMMENDATIONS BECAUSE ONE THING ON STREET PARKING DOES IS IT PROVIDES BETTER, IT SLOWS TRAFFIC DOWN, AND IT ALSO PROTECTS SIDEWALKS AND ENCOURAGES PEDESTRIAN ACTIVITY.

SO NOT TO MENTION THE FACT THAT IT WOULD BE PUBLIC PARKING AND ALSO ALLOW ADDITIONAL PARKING TO SHORE UP RETAIL IN THE SOLANA PLAZA.

SO WHAT WE HAVE TO DO IS A TWO STEP PROCESS.

THE FIRST STEP IS TO AMEND OUR CODE OF ORDINANCES TO ALLOW FOR IT, AND THEN LIFETIME WOULD COME IN AND ACTUALLY PAY FOR THE CONSTRUCTION COST THROUGH AND MAINTAIN THAT THROUGH A DEVELOPMENT AGREEMENT.

WHAT IS THE ACTUAL PARKING DEMAND FOR LIFETIME FITNESS? IT IS I DON'T HAVE THE EXACT NUMBER, BUT IT'S APPROXIMATELY 500 PARKING SPACES FOR LIFETIME.

SO RON, I HEAR THE POSITIVES, BUT I.

ALSO UNDERSTAND MR. CUSTER'S CONCERN FOR THE TOWN.

I MEAN, THIS WOULD HAVE BOILS DOWN TO IF A BUNCH OF BIKERS WANT TO PARK IN LIFETIME, THEY CAN TOW THEIR VEHICLES, GET THEM OUT OF THERE AND GET THEIR PAYING CUSTOMERS IN THERE.

IF WE HAVE SLOTS ON THE STREET AND A BUNCH OF BIKERS FROM ALL AROUND ALL THE COUNTIES WANT A RIDE, THERE IS NO RECOURSE.

THERE IS NO WAY TO POLICE THAT OR ANYTHING ELSE.

SO IN A PERFECT WORLD, THEY'LL BE USED FOR FOR LIFETIME.

BUT THEY'RE A PROFITABLE BUSINESS THAT NEEDS TO FIGURE OUT THEIR PARKING CHALLENGE.

AND AND MR. CUSTER'S SCENARIO, I THINK, IS WAY MORE REALISTIC THAN PEOPLE BEING A LIFETIME.

AND THAT WOULD THAT IS A VALID POINT IN TERMS OF THAT PARKING WOULD BE PUBLICLY ACCESSIBLE TO ANYBODY.

THERE ARE CONDITIONS THAT RESTRICT OVERNIGHT PARKING AND CERTAIN OTHER VEHICLES FROM PARKING THERE.

BUT YOU'RE CORRECT IN THAT UNLESS THERE WAS A PERMIT SCHEME CREATED, WHICH I WOULDN'T RECOMMEND IN THIS CASE, IT WOULD BE AVAILABLE TO THE PUBLIC.

WHAT IF TEXAS CHANGES LIKE CALIFORNIA? THIS COULD BE NICE LITTLE RV SPOTS IN A COUPLE OF YEARS.

[LAUGHTER] THOSE ARE BANNED. BUT RON, AT THE TIME OF THE PLANNING OR WHEN THE APPLICATIONS WERE SUBMITTED, WAS THIS 100 SPOT EASEMENT KNOWN TO LIFETIME FITNESS? YES, IT WAS ANOTHER QUESTION.

[00:30:01]

I THINK JUST AFTER I GOT ON TO COUNCIL, THERE WAS A PLAN FOR A PROPOSED PARK ON THE HILL NEXT TO LIFETIME FITNESS, AND I SEEM TO RECALL SOME OTHER POTENTIAL PARKING EASEMENT.

DO YOU REMEMBER WHAT THAT WAS ABOUT? THEY WERE ONE THING THAT WAS DISCUSSED EARLY ON AS PART OF IMPROVEMENTS FOR THAT PARK WAS TO ADD A SMALL PARKING LOT THERE.

BUT THAT WAS NEVER REALLY.

WELL, THOSE DETAILS WERE JUST NEVER PROPOSED AS PART OF ANY PARK IMPROVEMENTS.

AT LEAST NOT FROM LIFETIME.

MAYOR, COULD WE TABLE THIS UNTIL WE HAVE SOME MORE INFORMATION? 100% AGREE WITH THIS.

I THINK THIS IS ONE THAT WE WILL PROBABLY END UP TABLING, BUT WE'LL DO THAT IN THE CONSENT AGENDA AT THE VERY END.

OKAY. BUT I THINK IT DOESN'T FIT IN MY VIEW, WITH THE TOWN PLAN BECAUSE WE DON'T I'D LOVE TO SEE THE TRAFFIC IMPACT ANALYSIS, WHATEVER IT'S CALLED.

AND ALSO I'D LIKE TO ECHO THE SAME CONCERNS ABOUT CHILDREN IN THE AREA CROSSING THE STREET.

I KNOW THERE ARE DESIGNATED CROSSWALKS, BUT WHEN YOU'VE GOT CARS LINED UP, UP AND DOWN THE STREET AND YOU HAVE KIDS COMING IN BETWEEN PARKED CARS, I MEAN, I'D JUST LIKE TO UNDERSTAND WHAT THE IMPLICATIONS FOR THAT MIGHT BE.

I'D LOVE TO UNDERSTAND WHAT VEHICLE CRIME IMPLICATIONS MIGHT BE.

AND OBVIOUSLY ACCESS KIND OF, AGAIN, ECHOING THE SAME SENTIMENT THAT THERE HAS BEEN CRIME ISSUES IN GLEN WICK AND YOU KNOW, TO HAVE ON STREET PARKING AGAIN, I'D JUST LIKE TO UNDERSTAND ALSO WITH COUNCIL MORE INFORMATION ABOUT THIS, NOT TO PILE ON, BUT I THINK MR. CUSTER CAUGHT SOMETHING AND IF THE WHOLE TOWN KNEW THAT THAT WAS A POTENTIAL OF 90 PUBLIC SPOTS, THAT THIS WHOLE ROOM WOULD BE FULL.

AND RON, CAN I JUST CLARIFY, THIS WOULD BE THE FIRST SPOT IN WESTLAKE THAT WOULD HAVE ON STREET PARKING? THAT'S CORRECT. THANK YOU.

ALL RIGHT, WE'LL MOVE ON TO H6.

OUR RESOLUTION 23-50 CONSIDERING APPROVAL OF 23-50 AMENDING THE TOWNS OF WESTLAKE INVESTMENT POLICY AND TAKE APPROPRIATE ACTION.

GOOD EVENING, Y'ALL.

THIS IS ACTUALLY A REQUIREMENT BECAUSE WE INVEST THE PUBLIC FUNDS INVESTMENT ACT.

WE ARE SUBJECT TO LOCAL GOVERNMENT CODE CHAPTER 2256.

IT SAYS THAT ON NO LESS THAN ANNUAL BASIS, WE MUST PRESENT A WRITTEN INVESTMENT POLICY TO OUR GOVERNING BOARD AND YOU HAVE TO VOTE ON IT.

GIVEN THE FEEDBACK WE'VE GOTTEN OVER THE SUMMER FROM COUNCIL AND THE FINANCE COMMITTEE SPECIFICALLY, WHAT WE'VE DONE WITH THIS REVISION IS PUT IN SOME OF THOSE CONCERNS AND SPECIFICALLY LAY OUT A PROCESS FOR DOING AN RFP TO CREATE AN IMPROVED BROKER DEALERS LIST.

THE RESULTS OF THAT LIST WOULD COME BACK TO THIS BOARD FOR FINAL APPROVAL, AND WE'D BE ABLE TO DO DIRECT PLACEMENT INVESTING, WHICH IS NOT SOMETHING WE CURRENTLY DO.

I THINK. ARE YOU GOING TO GO THROUGH YOUR PRESENTATION? I CAN, YEAH.

OKAY. ALL RIGHT.

WELL, STARTING UP AT THE TOP, AS I SAID, PFIA IS OUR OVERARCHING LEGAL AUTHORITY HERE.

IT LAYS OUT SOME REALLY SPECIFIC THINGS THAT WE MUST DO, INCLUDING WRITE POLICIES AND TELLS US WHO NEEDS TO DO WHAT AS FAR AS THE GOVERNING BODY AND OUR INVESTMENT OFFICERS. ADDITIONALLY, IT GIVES US SOME PRETTY HEFTY RESTRICTIONS ON THOSE INSTRUMENTS IN WHICH WE CAN INVEST.

AND SO WHAT I'LL DO WITH THIS PRESENTATION IS JUST REALLY BRIEFLY GO OVER THE CHANGES FROM THE PRIOR POLICY.

STARTING WITH JUST THE OVERALL CHANGES.

IT'S A LOT WORDIER I WILL SAY THAT.

BUT REALLY, LIKE I SAID, IT LAYS OUT PROCESSES AND NOT JUST THE THINGS THAT WE CAN AND CAN'T DO.

IT LETS Y'ALL AND THE PUBLIC KNOW WHEN IT IS.

WE'LL COME BACK TO YOU WITH WHAT KIND OF INFORMATION, WHAT TIMELINE AND WHAT FORMAT.

AND THEN ADDITIONALLY, I'VE LISTED OUT SOME ROLES AND RESPONSIBILITIES SO THAT WE KNOW WHO THE PARTICIPANTS ARE AND WHAT THEIR FORMAL ROLE IS.

PFIA IS VERY CLEAR ABOUT THE DIFFERENT TRAINING AND REPORTING THAT HAS TO HAPPEN, SO THAT'S ALSO IN HERE AS WELL.

AND THEN LASTLY, AS I SAID, IT SETS OUT A SCHEDULE FOR WHEN WE'LL BRING THIS BACK, WHEN WE'LL DO THE RFP, WHEN WE'LL DO THE UPDATES AND IF ANYTHING CHANGES THERE'S ALSO LANGUAGE WITHIN THIS POLICY THAT SAYS, SHOULD WE BE PRESENTED WITH AN OPPORTUNITY OR A SCENARIO THAT WE DON'T HAVE EXPLICIT GUIDANCE ON HERE AND WE CAN'T FIND EXPLICIT CORROBORATING GUIDANCE IN PFIA, WE ARE IMMEDIATELY TO STOP WHAT WE ARE DOING AND COME BACK TO THE GOVERNING BODY FOR GUIDANCE.

SO STARTING WITH THE CHANGES TO THE OBJECTIVES AND STRATEGY SITUATION, THIS SECTION HERE, WE ADDED SOME MATURITY LIMITS THAT WEREN'T PREVIOUSLY IN THERE.

WE ALSO TALKED ABOUT THE DIFFERENT INVESTMENT STRATEGIES BASED ON OUR FUNDING TYPES.

DIFFERENT DOLLARS MEAN DIFFERENT THINGS.

WHAT WE'VE DONE IS TALK ABOUT IF WE HAVE BOND PROCEEDS THAT NEED TO BE SPENT OVER A CERTAIN AMOUNT OF YEAR, OBVIOUSLY WE DON'T WANT TO HOLD THOSE UP IN LONG TERM

[00:35:04]

INVESTMENTS. SO WE'VE GOT THOSE, AS I SAID, BASED ON THE DIFFERENT FUND TYPES.

FOR THE LEGAL LIMITATIONS.

WHAT WE'VE DONE HERE IS ACTUALLY INCORPORATE SOME MORE EXPLICIT MENTION OF THE IRS AND THE SEC THAT WASN'T PREVIOUSLY IN OUR POLICY.

AND THEN IT ALSO GIVES US GUIDANCE ON WHAT TO DO SHOULD ANY OF OUR INVESTMENTS NOT MEET OUR POLICY OR EXPLICITLY VIOLATE IT.

NEXT IS THE CHANGES TO THE RESPONSIBILITIES AND AUTHORITY.

AND THIS IS WHERE WHAT WE'VE DONE IS REALLY MORE ROBUSTLY DEFINE WHO'S RESPONSIBLE FOR DOING WHAT IN OUR INVESTMENT PLAN.

AND THEN WE ALSO TOOK IN LANGUAGE FROM THE PREVIOUS POLICY REGARDING THE PRUDENT INVESTOR.

AND YOU'LL SEE THAT IN THIS SECTION.

RIGHT CHANGES TO AUTHORIZED INVESTMENTS.

THIS IS A LOT MORE SPECIFIC AND MORE CLOSELY MIRRORS THOSE INSTRUMENTS THAT ARE EXPLICITLY OUTLINED IN PFIA.

WHAT WE'RE TALKING ABOUT HERE ARE THE KNOWN ITEMS THAT WE MAY BE ENTERTAINING, PARTICULARLY WHENEVER IT COMES TO THE POTENTIAL FOR DIRECT PLACEMENT INVESTING.

WE HAVE A NEW SECTION IN THE POLICY WHERE WE'RE ACTUALLY OUTLINING THOSE INVESTMENT TYPES THAT ARE PROHIBITED.

THAT WAS NOT PREVIOUSLY IN OUR POLICY.

SORRY. CAN YOU GO BACK TO THE LAST SLIDE? CAN YOU JUST TALK BRIEFLY ABOUT THE DVP? THE DELIVERY VERSUS PAYMENT PART.

SURE. LET ME FLIP OVER.

YEAH. IS THAT A REQUIREMENT THAT EVERYTHING IS SETTLED DVP? IS THAT CORRECT? YES.

OKAY. IS THAT THE SAME? SO WHEN WE INVEST WITH TEXAS CLASS, HOW MUCH DID WE YOU SAID I THINK YOU SAID WE PUT 50% OF THE TOWN'S ASSETS OR CASH INTO TEXAS CLASS IS THAT CORRECT? WE DID A LITTLE LESS THAN THAT WITHIN THE POLICY.

WE PUT OUT A LIMIT ON THE DIFFERENT POOLS THAT WE INVEST IN, NO MORE THAN 50% OF OUR AVERAGE CASH BALANCE.

SO SO WE HAVE JUST UNDER 50 WITH THEM AT THE MOMENT, CORRECT? OKAY. AND THEN IN TERMS OF BECAUSE ONE OF THE THINGS I DID, BECAUSE I'M A NERD, I GUESS AS WELL, LOOK AT THE TEXAS CLASS INVESTMENT POLICY AND IT SAYS THAT ALL PURCHASES OF INVESTMENTS EXCEPT INVESTMENTS IN MUTUAL FUNDS SHALL BE MADE ON A DVP BASIS.

SO DO YOU KNOW WHAT THAT MEANS IN TERMS OF ANY INVESTMENTS IN MUTUAL FUNDS THAT MAY OCCUR WITHIN THAT CLASS? I DON'T HAVE THAT ANSWER FOR YOU RIGHT NOW, BUT I CAN GET IT.

OKAY, PERFECT. ALL RIGHT.

AND THEN SWITCHING OVER TO THE REPORTING AND THE DEPOSITORIES, ONE OF THE THINGS THAT WE DID HERE AS PART OF THE REVIEW PROCESS, JUST SO COUNCIL IS AWARE, WE SENT THE DRAFT TO OUR DEPOSITORY AND TO EVERYONE WE HAVE CURRENT INVESTMENTS WITH AS WELL AS STAND FOR A LEGAL REVIEW TO MAKE SURE THAT ANYTHING THAT WE'RE DOING, INCLUDING BUSINESS WITH OUR CURRENT DEPOSITORY, WASN'T GOING TO HAVE ANY REASON FOR US TO PULL A RIP CORD OR TAKE OTHER ACTIONS.

AND THEN IT SHOULD BE NOTED JUST IN HERE THAT THE DEPOSITORY AGREEMENT, EVEN THOUGH WE DO INVEST THROUGH THEM, THAT AGREEMENT IS SEPARATE FROM ANY INVESTMENT POLICY. SO IF WE DO THE RFP TO GET BROKER DEALERS, THEY CAN ACTUALLY BID ON IT AS A BROKER DEALER AND NOT JUST AS OUR DEPOSITORY.

ALL RIGHT. AND THEN THE CHANGES TO THE POLICY ACCEPTANCE.

THIS IS WHAT I WAS TALKING ABOUT WHENEVER I SAY WE'RE VERY CLEAR ABOUT WHEN WE'LL COME BACK AND WHAT THE ROLE IS, WHAT THE TIMING IS.

AND SO NEXT STEPS AFTER WE APPROVE THE POLICY TODAY IS WE'LL CRAFT THAT RFP TO SOLICIT BIDS FROM POTENTIAL BROKER DEALERS. WE WOULD COME BACK DURING THE MONTH OF OCTOBER WITH THAT LIST AND GO THROUGH ALL OF THEIR DIFFERENT DATA THAT THEY'VE SUBMITTED AND COME BACK AND ASK YOU ALL KIND OF HOW YOU'D LIKE TO HANDLE THAT LEG OF OUR INVESTMENT STRATEGY.

THE LAST TIME WE UPDATED THIS POLICY WAS WHEN.

IT WAS UPDATED ABOUT TWO YEARS AGO, FROM WHAT I CAN TELL.

IT WAS ADOPTED PREVIOUSLY AS PART OF THE BUDGET AND THE FINANCIAL POLICIES, SO IT WAS A LITTLE BURIED AND ANY CHANGES THAT THEY MADE TENDED TO BE MORE GRAMMATICAL.

OKAY. LOOK, I THINK THE LAST INVESTMENT POLICY REFERRED TO THE NASD, WHICH PROBABLY DATES IT MORE THAN TWO YEARS.

I THINK THE OTHER QUESTION I HAVE, I KNOW IT SAYS THE INVESTMENT POLICY RELATES TO THE TOWN OF WESTLAKE ACADEMY AS WELL.

DOES THIS ALSO APPLY TO THE FOUNDATION? IT DOES NOT.

IT DOES NOT. OKAY. THE FOUNDATION IS A 501C3, AND THEY HAVE THEIR OWN TAX ID NUMBER AND THEIR OWN REQUIREMENTS FOR INVESTING.

[00:40:07]

THERE ARE CURRENTLY INVESTING.

I MEAN, DOESN'T THE SCHOOL HAVE ITS OWN TAX ID VERSUS WHATEVER? IT DOES NOT. IT SHARES A TAX ID WITH US, WHICH IS.

SO IT'S NOT GOVERNED AT ALL BY THIS INVESTMENT POLICY, CORRECT? OKAY. OKAY.

DOES IT ACTUALLY HAVE AN INVESTMENT POLICY? I'M NOT SURE ABOUT THAT, BUT I CAN ASK, COULD WE GET A COPY OF IT, PLEASE? BECAUSE I HAVE QUESTIONS LIKE I KNOW HERE IN OUR INVESTMENT POLICY, YOU TALK ABOUT VOLATILITY, LIKE IS IT A SECONDARY OBJECTIVE IS TO LIMIT VOLATILITY.

AND I HAVE QUESTIONS ABOUT THE VOLATILITY OF INVESTMENTS OF THE FOUNDATION.

SURE. WE CAN HAVE THEM COME AND REPORT ON THAT.

YEAH, THERE WAS A HALF MILLION DOLLAR SWING ON $3 MILLION DOLLARS ON THE LAST AUDIT.

IT WAS AN UNREALIZED LOSS OF ABOUT 25%.

CORRECT. I'M JUST CURIOUS AS TO HOW THAT OCCURRED.

OKAY. ANY OTHER QUESTIONS? MORE SLIDES? NOPE.

ALL DONE. ANYTHING ELSE? ALL RIGHT. WE'LL MOVE ON TO THE NEXT ONE HERE.

H7 RESOLUTION 23-48 CONSIDERING APPROVING RESOLUTION 23-48 AUTHORIZING AN INTERLOCAL AGREEMENT WITH THE CITY OF KELLER FOR POLICE SERVICES TO THE TOWN OF WESTLAKE AND TAKE APPROPRIATE ACTION.

ANY QUESTIONS ON THIS? ANYONE? YEAH, I ACTUALLY. I DO HAVE A QUESTION.

CHIEF I DON'T KNOW, DO YOU WANT TO GIVE YOUR PRESENTATION FIRST AND THEN MINE RELATES TO THE CONTRACT ITSELF.

BUT DID YOU WANT WHATEVER YOU WANT TO DO? WELL, IF YOU WANT TO PRESENT, WHY DON'T YOU GO AHEAD AND THEN I CAN JUST ASK THE CONTRACTUAL QUESTIONS AFTERWARDS? OKAY. SURE WE CAN. SO THIS IS KIND OF A RECAP OF WHAT WE WENT OVER IN OUR BUDGET RETREAT.

BUT TO GIVE EVERYONE THE HISTORY, OUR PARTNERSHIP STARTED BACK IN 2002.

WE HAD ANNUAL CONTRACTS THAT CONTINUED TO BE RENEWED, AND THE TOWN AND THE CITY OF KELLER DECIDED THAT THIS WAS GOING TO BE A FRUITFUL PARTNERSHIP.

SO THEN IN 2008 WAS THE FIRST FIVE YEAR CONTRACT THAT WE INITIATED, AND YOU CAN SEE THE DATES FOR THE NEXT FIVE YEAR INCREMENTS.

THE ONLY CHANGES WERE AFTER THE CURRENT THIRD YEAR AGREEMENT WENT INTO PLACE.

THERE WAS TWO SEPARATE AMENDMENTS.

THE FIRST WAS WHEN WE WERE GOING TO EXPAND THE DUTIES OF THE AT THAT TIME THE TOWN MARSHAL TO HAVE MORE RESPONSIBILITY AS AN SRO.

AND THEN THE SECOND AMENDMENT WAS WHEN WE MADE THE CHANGE AND WE MADE THE FULL TIME SRO AS A CITY OF KELLER ASSIGNED SRO.

AND THEN SO EACH OF THOSE AMENDMENTS, THE PARTICULAR POINTS THAT WERE THAT WE THINK THAT ARE IMPORTANT, THAT WE NEED TO CONTINUE ON WITH THE PRACTICES THAT WE'RE CURRENTLY DOING ARE IN THE PROPOSED CONTRACT THAT YOU HAVE BEFORE YOU.

SO JUST AS A SIDE NOTE, JUST SO THAT THE CITIZENS WERE AWARE, THE PERCENTAGE OF THE GENERAL FUND THAT WE CHARGE WESTLAKE FOR THE POLICE SERVICES DOES NOT INCLUDE THE FUNDING THAT WE RECEIVE IN THE CITY OF KELLER FOR THE CRIME CONTROL PREVENTION DISTRICT.

WHAT THIS IS, IS THAT WE JUST RENEWED IT FOR 15 YEARS, BUT IT'S A STATE LAW THAT ALLOWS US TO TAKE A QUARTER CENT OF EVERY SALES TAX SPENT IN THE CITY OF KELLER TOWARDS THIS CRIME CONTROL PREVENTION DISTRICT BUDGET.

WHAT WE USE THIS MONEY FOR IS ALL CAPITAL AND ANY KIND OF CAPITAL AND DEBT REPAYMENTS AND BIG EQUIPMENT ITEMS, FOR INSTANCE.

AND SO I BROKE IT DOWN INTO THE BIG ISSUES OF THIS LAST CRIME CONTROL BUDGET.

AND YOU CAN SEE THE REVENUE THAT WE GOT FROM THIS SALES TAX WAS $2.4 MILLION DOLLARS.

AND THIS YEAR'S EXPENDITURE FOR FISCAL YEAR 24 WAS 2.4 AS WELL.

SO THAT'S THE ONLY THIS THERE'S ONLY ONE PERSONNEL THAT'S PAID THROUGH THIS FUND AND THAT'S OUR ACCREDITATION MANAGER THAT MAINTAINS OUR STATE AND NATIONAL ACCREDITATION.

AND THEN AFTER THAT, OUR OPERATIONAL EXPENSES, ALL OF OUR VEHICLE REPLACEMENTS, ALL OF OUR SWEAT AND SWAT, NOT SWEAT SWAT WEAPONS ARE ALL PAID FOR THROUGH THIS BUDGET.

ALL OF OUR LASERS, TASERS, TICKET RIDERS, SHIELDS, BREACHING EQUIPMENT, ANYTHING OF OPERATIONAL CAPACITY, EQUIPMENT WISE, COMES THROUGH THIS BUDGET.

IT'S NOT THROUGH THE GENERAL FUND.

FACILITY IMPROVEMENTS, THINGS THAT WE HAD TO DO FOR OUR POLICE DEPARTMENT.

YOU CAN SEE SOME OF THE TECHNOLOGY IMPROVEMENTS.

AND THIS IS I DON'T KNOW IF YOU REMEMBER JUST RECENTLY WE HAD A MISSING PERSON OUT OF KELLER THAT MADE NATIONAL ATTENTION, AND IT WAS THROUGH A LICENSE PLATE RECOGNITION SYSTEM THAT WAS USED THROUGH FORT WORTH AND SOME OF OUR ADJOINING CITIES THAT WERE ABLE TO FIND HER AND MAKE SURE SHE WAS OKAY.

AND THAT WAS ALREADY APPROVED.

AND WE ARE GOING TO BE GETTING THAT ALSO IN KELLER.

AND SO THESE ARE JUST SOME AND THERE'S SOME SEVERAL DIFFERENT SOFTWARE ITEMS THAT WE COULD GET INTO THE WEEDS ABOUT.

AND I'D BE HAPPY TO GO INTO DETAIL ABOUT WHAT THESE KIND OF DO, WHAT THESE KIND OF SYSTEMS DO FROM AN INVESTIGATORY PERSPECTIVE.

BUT ALL OF THESE THINGS ARE FUNDED THROUGH THIS CRIME CONTROL DISTRICT, AND THAT IS NOT IN THE GENERAL FUND THAT YOU HAVE ANY PERCENTAGE TOWARDS.

[00:45:01]

SO THIS IS JUST AN ADDITIONAL INCENTIVE, A BENEFIT TO THE TOWN OF WESTLAKE.

SO IN THE CURRENT CONTRACT, THERE'S JUST SOME OF THE THINGS THAT WE MENTIONED.

WE DID INCLUDE THE FULL TIME SCHOOL RESOURCE OFFICER.

THERE IS A PERCENTAGE OF THE ACCREDITATION PROGRAM IN THE CCPD BUDGET THAT WE INCORPORATED IN THAT.

THAT'S THE 8.25% OF NON OPERATING FUNDS.

AND THEN THERE'S JUST SOME ADDITIONAL ITEMS THAT WE'LL GET TO HERE IN THE WEEDS FOR THE INDIVIDUAL CONTRACT.

BUT IT JUST ALLOWS US TO USE KELLER APPOINTED ASSOCIATED JUDGES FOR ARRAIGNMENTS, ETCETERA.

SO THE ESTIMATED FOR THIS YEAR'S FISCAL YEAR 24 BUDGET WAS 1.2 MILLION.

LAST YEAR'S WAS 1.1.

IT'S AN INCREASE OF 2.65% FOR THE INDIVIDUAL YEAR.

AND THE MAIN REASONS FOR THE INCREASE WAS THE ADDITIONAL TWO DETENTION OFFICERS THAT WE ADDED THIS LAST YEAR AS WELL AS THE FULL TIME KISD SRO.

AND SO THAT WAS THE GENERAL BRIEF PRESENTATION THAT WE DID AT THE RETREAT.

BUT I'D BE HAPPY TO GO INTO ANY DETAIL ON THE CONTRACT.

I JUST GOT A QUICK COMMENT.

THANK YOU VERY MUCH FOR FIXING OUR SRO SITUATION AND HAVING IT BE A KELLER PERSON.

I DON'T THINK THAT TOO MANY OF THE TOWN TUNED IN ON THAT ONE.

BUT THE BOTTOM LINE IS, IF OUR SRO IS SICK OR ON VACATION, IT'S BEING REPLACED WITH THE KELLER POLICE OFFICER.

YES, SIR. AND THEY ARE A KELLER POLICE OFFICER.

THERE'S CONTINUITY. AND IF, GOD FORBID, SOMETHING HAPPENS AT THE SCHOOL, IT'S BASICALLY ONE OF THEIR OWN THAT'S THERE THAT YOU ALL WILL BE RESPONDING TO HELP.

SO THAT WAS A REAL MESS WHEN WE ALL TOOK OFFICE.

AND THANK YOU FOR FOR DOING THAT.

THANK YOU VERY MUCH, SIR. APPRECIATE IT.

YEAH, I JUST HAVE JUST A COUPLE OF QUESTIONS, BUT I JUST ALSO WANTED TO SAY THANK YOU FOR EVERYTHING YOU DO.

I THINK EVERY TIME YOU PRESENT, PEOPLE JUST COME UP AND SING YOUR PRAISES FOR HOW PROFESSIONAL YOU ARE AND THE KELLER POLICE FORCE IN GENERAL.

SO HONESTLY, THANK YOU SO MUCH.

THANK YOU. SO ONE OF MY QUESTIONS, IT'S NOT CONTRACT RELATED, BUT A COUPLE OF PEOPLE HAVE ASKED OVER THE PAST FEW WEEKS AND WADE, PLEASE CHIME IN IF YOU'VE GOT UPDATES.

BUT THERE HAS BEEN SOME CONCERN ABOUT ROAD ACCIDENTS ON DOVE OUTSIDE OF GLEN WICK.

THERE'S A TRIANGULAR SORT OF INTERSECTION AND THERE'S BEEN A LOT OF CONCERN THAT IT'S CONFUSING AND THE YIELD SIGN IS NOT, OR THE STOP SIGNS EVEN ARE NOT NECESSARILY BEING ADHERED TO. IS THERE A WAY WE COULD FOLLOW UP JUST AS A FIRST PORT OF CALL UNDERSTANDING, YOU KNOW, IS THERE ELEVATED ACCIDENTS OCCURRING? AND THEN ON A SECONDARY, ARE THERE REMEDIAL THINGS WE COULD DO TO TRY TO IMPROVE THAT INTERSECTION? YES, SIR. WE CAN HAVE THE POLICE CHIEF AND THE FIRE CHIEF PULL SOME DATA FOR US FOR THE ACCIDENTS AT THAT INTERSECTION.

AND I'M ALREADY SPEAKING WITH RON AND WITH.

GOSH, WHO ELSE ARE WE TALKING TO RON, ABOUT THAT INTERSECTION AND GETTING OUR ENGINEERING FIRM TO LOOK AT THE STRIPING AND SIGNAGE OUT THERE? PERFECT. YES, SIR. THANK YOU VERY MUCH.

APPRECIATE IT. I LITERALLY LIVE BEHIND THAT INTERSECTION FOR FIVE YEARS.

AND I GUARANTEE YOU THAT'S PROBABLY THE DANGEROUS PLACE.

MOST DANGEROUS PLACE IN WESTLAKE.

YEAH, IT'S ALWAYS BEEN AN ISSUE.

WE'LL LOOK INTO THAT AND MAKE SURE THE VISION TRIANGLES ARE APPROPRIATE AS WELL.

THANKS, WADE. APPRECIATE IT.

OKAY. JUST A COUPLE OF QUICK QUESTIONS ON THE CONTRACT.

AND STAN, I MAY PUT YOU ON THE SPOT UNLESS THERE'S A BETTER PORT OF CALL.

MINE RELATES REALLY TO SECTION FOUR, WHICH IS THE TOWN OF WESTLAKE OBLIGATIONS TO THE CONTRACT PERFORMANCE.

I THINK SUBPART C, IT TALKS ABOUT IF THERE WERE TO BE A CONFLICT BETWEEN THE ORDINANCES OF KELLER AND WESTLAKE, KELLER MAY REFRAIN FROM ENFORCING THOSE CONFLICTING ORDINANCES.

BUT OTHER THAN THE GENERAL ARBITRATION AT THE END, I MEAN, WHAT OTHER RECOURSE DO WE HAVE? AND I CANNOT THINK OF AN EXAMPLE WHERE THIS MIGHT OCCUR ANYWAY.

AND I'LL DEFER TO THE CHIEF.

I DON'T THINK WE'VE HAD ANY.

WE ACTUALLY JUST SATISFIED A CIRCUMSTANCE AND A COUPLE OF MEETINGS AGO WITH THE ANIMAL CONTROL HOLDS.

YEAH. AND ALL OF THE OTHER REGIONAL PARTNERS HAD THREE DAY HOLDING PERIODS AND Y'ALL WERE AT TEN AND I BROUGHT THAT TO YOUR ATTENTION.

HAD Y'ALL CHOSEN TO STAY WITH TEN BY THE CONTRACT, WE COULD HAVE JUST REFUSED TO HOLD THE ANIMALS.

OKAY. BUT WE RECTIFIED THAT AND WE'RE ALL CONSISTENT.

AND THAT'S EXACTLY WHAT.

YES, SIR. OKAY. YEAH.

SO IF THERE'S EVER A CONFLICT WITH ANY OF THE ORDINANCES BECAUSE LIKE I SAID, WE BETWEEN Y'ALL COLLEYVILLE, SOUTHLAKE, ROANOKE, AND KELLER, THEY'RE ALWAYS POSSIBLY COULD BE A CONFLICT AND THEN WE'LL BRING IT TO THE GOVERNING BODY, MAKE YOU AWARE OF THE CONCERN, WHAT WE WANT TO DO, AND THEN BASED ON THE RESULT OF THAT, WE'LL DETERMINE T HE RECOURSE. OKAY.

YES, SIR. SUB PART D TALKS ABOUT PROVIDING WESTLAKE'S OBLIGATION IS TO PROVIDE A FACILITY TO HOLD MUNICIPAL COURT.

THIS IS A FIVE YEAR CONTRACT.

I'M NOT TRYING TO MAKE ANY INFERENCES HERE, BUT ARE WE REQUIRED TO MAINTAIN A COURT SYSTEM HERE FOR FIVE YEARS? OR IS IT JUST THAT WE HAVE TO HAVE A COURT SYSTEM SOMEWHERE THAT WE FACILITATE OR OTHERWISE CONTRIBUTE TO?

[00:50:06]

WE HAVE TO HAVE ONE.

YOU HAVE TO HAVE ONE IN WESTLAKE.

OKAY. IS THIS THE ONLY CONTRACT THAT REQUIRES US TO, OR ARE WE OTHERWISE REQUIRED TO MAINTAIN A COURT SYSTEM? WE ARE OTHERWISE REQUIRED TO MAINTAIN.

OKAY, SO THIS IS JUST IN KEEPING WITH GENERAL.

YES. OKAY, THANKS.

THEN SUBSECTION F TALKS ABOUT THE UTILIZATION OF A TOWN MARSHAL.

IT SAYS, IF WE CHOOSE TO UTILIZE ONE SUBSECTION, G DEFINES THAT THE TOWN MARSHAL HAS OBVIOUSLY THE PEACE OFFICER POWERS TO DETAIN AND ARREST.

BUT MORE SPECIFICALLY, UNDER I THINK IT'S SECTION K, IT SAYS THE WESTLAKE TOWN MARSHAL IS AND SHALL REMAIN AN EMPLOYEE OF WESTLAKE THROUGHOUT THE DURATION OF THE AGREEMENT.

SO CAN YOU JUST AGAIN, WHAT OBLIGATIONS ARE WE REQUIRED TO ACTUALLY HAVE A TOWN MARSHAL ON STAFF TO SATISFY OUR PERFORMANCE UNDER THE CONTRACT? WELL, WE SPENT QUITE A BIT OF TIME [INAUDIBLE] THAT.

I MEAN, AM I CORRECT? WE DON'T HAVE MAYOR, WE DON'T HAVE A TOWN MARSHAL, CORRECT? NOT RIGHT NOW. IT'S NOT FILLED.

WE HAVE A TEMPORARY BAILIFF.

AND YOU'RE NOT REQUIRED TO HAVE A TOWN MARSHAL.

RIGHT. THAT'S WHAT I WAS GOING TO SAY.

OKAY. THAT WAS DRAFTED WHEN WE HAD ONE.

AND SO WE INCORPORATED THIS IN SO THAT IN THE EVENT YOU CHOOSE TO HAVE A TOWN MARSHAL, THEN WE HAVE SATISFIED SOME OF THE THINGS THAT THE FIRST AMENDMENT TO OUR EXISTING CONTRACT SPEAKS TO.

OKAY. IT'S JUST IT SAYS WESTLAKE AGREES TO PERFORM THE FOLLOWING.

THE WESTLAKE TOWN MARSHAL IS AND SHALL REMAIN AN EMPLOYEE OF WESTLAKE THROUGHOUT THE DURATION OF THIS AGREEMENT.

IT SAYS WESTLAKE IS RESPONSIBLE FOR THE HIRING, TRAINING, SUPERVISION, INTERNAL PERFORMANCE, INVESTIGATION, DISCIPLINE AND ALL NECESSARY REPORTING REQUIREMENTS, ETCETERA, ETCETERA. AND SO MY INITIAL READING WAS THAT THERE'S AN OBLIGATION BY THE TOWN TO MAINTAIN A MARSHAL.

NO, YOU'RE NOT OBLIGATED TO MAINTAIN IT.

IT WAS JUST MAKING A CLEAR DISTINCTION THAT THAT IS A WESTLAKE EMPLOYEE AND UNDER WESTLAKE GENERAL ORDERS AND RULES AND NOT KELLER.

OKAY. AND THAT'S WHY WE PUT IN THE F IF THEY CHOOSE TO UTILIZE THE TOWN MARSHAL.

YEAH, BUT THAT WAS ON THE SUBSECTION F AND I'M LOOKING AT K SPECIFICALLY.

YES. AND SO K APPLIES IF THROUGH F YOU CHOOSE TO HAVE A TOWN MARSHAL.

OKAY. ON M, IT SAYS THAT FOR AFTER HOUR EVENTS IT SAYS JUMPING TO THE LAST LINE.

WESTLAKE MAY REQUEST OFF DUTY OFFICERS.

AM I CORRECT, THOUGH WE REQUEST THOSE THROUGH KELLER? YES. SO THERE'S A THIRD PARTY ODM CALLED OFF DUTY MANAGEMENT THAT FOR ANY KELLER OFFICERS.

BUT ALSO NOT JUST YOU'RE NOT JUST SECLUDED TO KELLER, BUT ANY OFFICER THAT HAS SIGNED UP THAT HAS JURISDICTION IN WESTLAKE.

SO IT GIVES YOU A LARGER POOL OF PEOPLE TO COME AND SELECT THE JOB.

IF THE SRO IS UNAVAILABLE OR CAN'T DO IT, THEN WE'LL PUT THE EVENT THROUGH THIS OFF DUTY MANAGEMENT PROGRAM THAT OPENS IT UP TO ALL THE DIFFERENT OFFICERS IN THIS AREA THAT HAVE JURISDICTION TO WORK. AND WE'VE USED THAT NUMEROUS TIMES.

YES, SIR. YES, SIR. AND DOES KELLER, DO YOU ASSIST US WITH THAT PROCESS? WELL, WE PROVIDE WE HAVE THE CONTRACT WITH ODM.

OKAY. AND THEN WE MAKE ALL OF OUR OFFICERS AWARE.

BUT THE BIGGEST THING IS THAT, YOU KNOW, LIKE MR. CARROLL AND I HAVE TALKED ABOUT, WE TRY TO GET ALL THE EVENTS THAT WE CAN PREDICT THAT ARE GOING TO NEED OFFICERS ON THERE FAST.

YEAH. SO THE FASTER YOU CAN GET IT OUT THERE, OFFICERS CAN SELECT THOSE EVENTS AND NOT BE ALREADY SCHEDULED BY OUR DELAY IN PUTTING IT OUT THERE.

AND NOW THEY'VE ALREADY COMMITTED TO OTHER EVENTS.

SO THAT'S THE BIGGEST THING WE CAN DO.

OKAY. NO, PERFECT. THOSE ARE MY ONLY QUESTIONS.

SO, AGAIN, THANKS VERY MUCH.

YES, SIR. I DO HAVE A QUESTION, SHOULD WE HAVE A TOWN MARSHAL? I MEAN, THAT JOB'S BEEN VACANT.

DO YOU HAVE AN OPINION ON THAT? IT DEPENDS ON THE DUTIES.

IT IS DEPENDING ON WHAT YOU WANT, THE ROLES AND RESPONSIBILITIES OF THE TOWN MARSHAL TO BE.

CHIEF, LET ME STEP IN A LITTLE BIT, TOO.

A LOT OF THIS HAS TO DO WITH WHAT OUR NEEDS IN COURT, MR. GREAVES, IS OUR COURT SYSTEM IS WE HAVE COURT AT LEAST TWICE A MONTH.

WE ALSO HAVE A COUPLE OTHER COURT DATES WHERE WE NEED AN OFFICER THERE.

WHAT WE HAVE IN THE BUDGET THAT'S BEFORE YOU IS A PART TIME MARSHAL.

SO WE'D BE LOOKING FOR SOMEBODY WHO HAS IT'S LIKE A RETIRED PEACE OFFICER OR SOMETHING THAT'S KEEPING THEIR CERTIFICATION.

THEY'D BE ABLE TO HELP US OUT IN THOSE MOMENTS, BUT NOT LOOKING FOR A FULL TIME POSITION.

EXCELLENT. ALL RIGHT. THANK YOU. YES, SIR.

THANK YOU. THANK YOU. THANKS, CHIEF.

ANY QUESTIONS ON H8? ARE WE FINE WITH THAT ONE? THE BUSSES. YEAH, I THINK MY ONLY QUESTION WAS IS THE TOTAL PRICE OF THIS ACTUALLY IN THE BUDGET? NO, SIR. TECHNICALLY PRECEDED THE TOTAL PRICE THIS COUNCIL APPROVED $180,000 IN THE 2023 BUDGET, SO IT WAS NOT IN THE UPCOMING BUDGET. WE'RE USING THE MONEY THAT WAS BUDGETED THIS YEAR.

AND THE TOTAL PRICE ON THE THREE VANS IS ABOUT $96,000.

IF I REMEMBER CORRECTLY, IT'S JUST OVER 90.

[00:55:02]

YEAH, THEY'RE LIKE 45 APIECE OR NO.

46. 46. I'M SORRY, 120.

ANY OTHER QUESTIONS? ALL RIGHT.

SO ON CONSENT, WE WENT THROUGH ALL THE ITEMS. THE ONLY ONE WE'RE TABLING IS H5.

SO CAN I GET A MOTION TO APPROVE THE REST OF CONSENT AND TABLING H5.

CAN I GET IT FIRST? I'LL MAKE A MOTION.

AND A SECOND. I'LL SECOND.

ALL IN FAVOR? AYE, AYE.

ALL OPPOSED? NO, OPPOSED.

MOTION CARRIES. STAN, QUICK QUESTION.

IF WE TABLE AN ITEM, DO WE HAVE TO TABLE THAT WITH A DATE? YOU DON'T HAVE TO, BUT CAN.

OKAY. YOU DON'T HAVE TO.

OKAY. AND I THINK WE HAVE SOMEONE WAITING FOR US AT 6:30 FOR EXECUTIVE SESSION.

[I. CLOSED EXECUTIVE SESSION ]

IS THAT WHAT IT IS? YES, SIR, THAT'S CORRECT.

ALL RIGHT. LET'S GO UPSTAIRS TO EXECUTIVE SESSION AND WE'LL BRING UP PLANNING AND ZONING, TOO, RIGHT? YES. OKAY. WE'LL WE'LL BREAK TO EXECUTIVE SESSION, BUT LET ME READ IT FIRST.

EXECUTIVE SESSION 23-217 TOWN COUNCIL WILL CONDUCT A CLOSED SESSION PURSUANT TO TEXAS GOVERNMENT CODE ANNOTATED CHAPTER 551, SUBCHAPTER D FOR THE FOLLOWING SECTION 551.0712.

CONSULTATION WITH ATTORNEY TO SEEK ADVICE ON COUNCIL REGARDING THE ENTRADA PUBLIC IMPROVEMENT DISTRICT IN SECTION 551.074 ALPHA ONE DELIBERATION REGARDING PERSONNEL MATTERS TO DELIBERATE REGARDING WESTLAKE ACADEMY HEAD OF SCHOOL.

AND WITH THAT IT WILL BREAK AT 6:28 HERE.

WE'RE BACK IN SESSION AT 7:52.

THERE ARE NO ACTIONS OUT OF EXECUTIVE SESSION RIGHT NOW.

WE HAVE TWO REMAINING ITEMS ON THE REGULAR AGENDA AND THE PUBLIC HEARING.

ORDINANCE 979 RECEIVE A REPORT ON THE FY 2024 PROPOSED BUDGET CONDUCT A PUBLIC HEARING CONSIDER APPROVING 979,

[F.1. ORD 979 Receive a Report on the FY2024 Proposed Budget; Conduct a Public Hearing; Consider Approving Ordinance 979 Adopting the Town of Westlake Municipal Budget; and take appropriate action ]

ADOPTING THE TOWN OF WESTLAKE MUNICIPAL BUDGET AND TAKE APPROPRIATE ACTION.

AND ALSO I'D LIKE TO MOTION THAT WE TABLE THAT TILL NEXT TIME.

DO I HAVE A SECOND? YEAH.

CAN I JUST GET CLARITY ON WHAT IS THE TIMING DEADLINE FOR APPROVING THE BUDGET.

SO WE DO HAVE UNTIL THE END OF THE MONTH TO APPROVE THE BUDGET.

HOWEVER, WE DO HAVE TO HAVE THE PUBLIC HEARINGS THIS EVENING BECAUSE WE'VE ADVERTISED FOR THEM.

OKAY. WELL, WE CAN DO THAT.

AND THEN WHAT'S OUR NEXT SCHEDULED MEETING? THE 25TH? 25TH? 25TH. PERFECT. ALL RIGHT.

SO I JUST OPEN UP A PUBLIC HEARING.

WE'LL DO TWO OF THEM.

WE'LL DO ONE FOR THE BUDGET, AND THEN WE'LL DO THE NEXT ITEM WILL BE FOR THE TAX RATE.

OKAY. I'D LIKE TO OPEN A PUBLIC HEARING FOR ORDINANCE 979.

RECEIVE A, CONDUCT A PUBLIC HEARING CONSIDERING APPROVING ORDINANCE 979 ADOPTING TOWN OF WESTLAKE MUNICIPAL BUDGET.

ANY COMMENTS? NO COMMENTS. CLOSE THE PUBLIC HEARING.

[F.2. ORD-975 Receive a Report on the Proposed Tax Rate; Conduct a Public Hearing; Consider Adopting Ordinance 975 Approving an Ad Valorem Tax Rate; and take appropriate action ]

SECOND PUBLIC HEARING. ORDINANCE 975.

CONDUCT A PUBLIC HEARING ON CONSIDERING ADOPTING ORDINANCE 975 APPROVING AD VALOREM TAX RATE.

OPENING THE PUBLIC HEARING.

[INAUDIBLE] CLOSE THE PUBLIC HEARING.

NO COMMENTS ON THE PUBLIC HEARING.

WITH THAT, I'D LIKE LET'S GO BACK.

GET A FIRST TO TABLE.

I'LL FIRST. AND A SECOND.

I'LL SECOND. ALL IN FAVOR? AYE. ALL OPPOSED? NO OPPOSED. ALL RIGHT, WE'LL TABLE THAT.

THOSE ARE THE LAST TWO ITEMS. IS THERE ANYTHING ELSE YOU GUYS WANT TO ADD TO FUTURE AGENDA RIGHT NOW? ANOTHER PACKAGE TOGETHER, I THOUGHT.

NO, WE DID A PUBLIC HEARING ON BOTH.

[INAUDIBLE] NO, I UNDERSTAND.

OH, NO, I'M SORRY. YOU'RE RIGHT. IT'S NOT.

NO, NO.

THAT'S IT, RIGHT? NOTHING ELSE. THERE WAS ONE MORE ITEM ON TONIGHT'S AGENDA.

IT WAS THE REVENUE RATIFICATION ON THE REGULAR AGENDA.

BUT WE CAN TABLE THAT AND IT'LL GO WITH THE BUDGET.

OKAY. CONSIDER DISCUSS AND EXECUTE.

NO CONSIDER A RESOLUTION TO RATIFY THE PROPERTY TAX INCREASE AS REFLECTED IN THE FY 2024 ANNUAL OPERATING.

[G.1. RES 23-54 Consider a Resolution to Ratify the Property Tax Increase as Reflected in the FY 2024 Annual Operating and Capital Budget; and take appropriate action ]

ALL RIGHT. YEAH, WE'LL HAVE TO DO THAT AFTER THE TAX RATE IS ADOPTED AT THE NEXT MEETING.

NO, THAT'S WHAT I'M SAYING. THE ONLY THINGS WE'RE REQUIRE TONIGHT IS THE PUBLIC HEARING.

BUT WE CAN DO ALL THE OTHER THINGS ON THE 25TH, RIGHT? YES, SIR. I THOUGHT WE COULD DO THE TAX.

CAN WE USE TAX TONIGHT? WE HAVE TO DO BUDGET FIRST, RIGHT? SO THAT'S WHERE WE'RE AT. THAT'S IT.

ALL RIGHT. SO NO OTHER ITEMS REMAINING.

WE'LL GO TO ADJOURNMENT.

ALL RIGHT. THANK YOU. CLOSE AT 7:55.

* This transcript was compiled from uncorrected Closed Captioning.