City Council Meeting

MINUTES OF CITY OF WHARTON REGULAR CITY COUNCIL MEETING JANUARY 11, 2021 Mayor Tim Barker declared a Regular Meeting duly open for the transaction of business at 7: 00 P. M at City Hall 120 E. Caney Street Wharton, TX. Councilmember Clifford Jackson led the opening devotion and Mayor Tim Barker led the pledge of allegiance. Councilmember' s present were: Mayor Tim Barker and Councilmembers Terry Freese, Clifford Jackson, Russell Machann, Don Mueller and Steve Schneider. Councilmember absent was: Alice Heard- Roberts. Staff members present were: City Manager Andres Garza, Jr., City Attorney Paul Webb, Finance Director Joan Andel, City Secretary Paula Favors, TRMC, CPM, MMC, Community Development Director Gwyn Teves, Assistant to the City Manager Brandi Jimenez, Emergency Management Coordinator Steve Johnson, EMS Director John Kowalik and Interim Public Works Director Amy Horelica. Visitors present were: Danny Segundo, Adraylle Watson, Jessica Hartman, with The County Gin and Albert Villegas, with the Wharton Journal Spectator. Roll Call and Excused Absences. Councilmember Russell Machann moved to excuse Councilmember Alice Heard- Roberts. Councilmember Clifford Jackson seconded the motion. All voted in favor. Public Comments. Mayor Tim Barker called for Public Comments. No comments were made. Wharton Moment. Mayor Tim Barker called for Wharton Moments. No comments were made. Review and Consider: The first item on the agenda was to review and consider the reading of the minutes from the regular meeting held December 14, 2020 and special meeting held December 21, 2020. After some discussion, Councilmember Russell Machann moved to approve the minutes from the regular meeting held December 14, 2020 and special meeting held December 21, 2020. Councilmember Steve Schneider seconded the motion. All voted in favor. I City of Wharton City Council Meeting Minutes- January 11, 2021 Page 2 of 19 The second item on the agenda was to review and consider the City of Wharton Financial Report for November 2020. Finance Director Joan Andel stated that the TexPool balance for November was$ 201, 971. 64 with an average monthly yield of. 12%. She said the Prosperity Bank balance for November was $ 7, 256, 579. 31 with an average monthly yield of .50%. After some discussion, Councilmember Don Mueller moved to approve the City of Wharton Financial Report for the month of November 2020. Councilmember Clifford Jackson seconded the motion. All voted in favor. The third item on the agenda was to review and consider an ordinance approving an amendment to the City of Wharton Budget October 1, 2019 — September 30, 2020. Finance Director Joan Andel presented the City of Wharton Budget Adjustments for fiscal year October 1, 2019 through September 30, 2020. Mrs. Andel stated the City Council Finance Committee met on Monday, January 11, 2021 at 6: 00 p.m. and were recommending the City Council consider approving the City of Wharton Budget Adjustments for fiscal year October 1, 2019 through September 30, 2020. After some discussion, Councilmember Russell Machann moved to approve City of Wharton Ordinance No. 2021- 01, which read as follows: CITY OF WHARTON, TEXAS ORDINANCE NO. 2021- 01 AN ORDINANCE APPROVING AN AMENDMENT TO THE CITY OF WHARTON, TEXAS, BUDGET FOR THE 2019- 2020 FISCAL YEAR. WHEREAS, The City Council ofthe City of Wharton, Texas finds and determines it necessary to revise the 2019- 2020 budget to better reflect actual revenues and expenditures in operations and activities during the fiscal year; and, WHEREAS, The City Council finds and determines that these adjustments to the budget are for municipal purposes. NOW, THEREFORE BE IT ORDAINED by the City Council of the City of Wharton, Texas that the 2019- 2020 Budget be amended as per Attachment " A;" and is adopted by the following favorable majority of votes of the members of the City Council of the City of Wharton, Texas in a duly assembled city council meeting by the following majority: Clifford Jackson Voted Yes Steven Schneider Voted Yes Councilmember District No. 1 Councilmember District No. 2 Terry Freese Voted Yes Donald Mueller Voted Yes Councilmember District No. 3 Councilmember District No. 4 City of Wharton City Council Meeting Minutes- January 11, 2021 Page 3 of 19 Russell Machann Voted Yes Alice Heard- Roberts Voted No Councilmember at Large No. 5 Councilmember at Large No. 6 Tim Barker Voted Yes Mayor Separability If any court of competent jurisdiction rules that any section, subsection, sentence, clause, or portion of this ordinance is invalid or unconstitutional, any such portion shall be deemed to be a distinct and independent provision, and any such ruling shall not affect the validity of the remaining portions hereof. Passage and Approval PASSED AND APPROVED by the City Council of the City of Wharton, Texas, this 1 lth day of January 2021. CITY OF WIIARTON, TEXAS By: TIM BARKER Mayor ATTEST: PAULA FAVORS City Secretary APPROVED AS TO FORM: ADMISSION: PAUL WEBB JOAN ANDEL City Attorney Director of Finance Councilmember Clifford Terry Freese seconded the motion. All voted in favor. The fourth item on the agenda was to review and consider a resolution of the Wharton City Council implementing the second phase of City Employee Salary Adjustments and authorizing the City Manager of the City of Wharton to execute all documents related to said implementation. City Manager Andres Garza, Jr. stated the City Council approved in the FY2021 Budget employee City of Wharton City Council Meeting Minutes- January 11, 2021 Page 4 of 19 salary increases. City Manager Garza said the City staff had evaluated the revenue for the period of October thru December 2020 and the amount received is very comparable to the same period last year. Finance Director Joan Andel stated the Finance Committee meet on January 11, 2021 and were recommending the City Council consider approving the second phase of the City Employee Salary adjustments with a tier approach. After some discussion, Councilmember Don Mueller moved to approve City of Wharton Resolution No. 2021- 01, which read as follows: CITY OF WHARTON RESOLUTION NO. 2021- 01 A RESOLUTION OF THE WHARTON CITY COUNCIL IMPLEMENTING THE SECOND PHASE OF CITY EMPLOYEE SALARY ADJUSTMENTS AND AUTHORIZING THE CITY MANAGER OF THE CITY OF WHARTON TO EXECUTE ALL DOCUMENTS RELATED TO SAID IMPLEMENTATION. WHEREAS, The Wharton City Council included in the fiscal year 2021 a salary adjustment for employees; and, WHEREAS, The salary adjustment will be included in the payroll dated January 20, 2021; and, WHEREAS, Wharton City Council wishes to authorize the City Manager of the City of Wharton to execute any and all documents related to said contract. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WHARTON, TEXAS as follows: Section I. That the City Council hereby approves the implementation of the second phase of the City Employee Salary Adjustments. Section II. That the City Manager ofthe City of Wharton is hereby authorized to execute any and all documents related to said implementation. Section III. That this resolution shall become effective immediately upon its passage. PASSED, APPROVED, and ADOPTED this 11th day of January 2021. CITY OF WHARTON, TEXAS By: TIM BARKER Mayor ATTEST: PAULA FAVORS City of Wharton City Council Meeting Minutes- January 11, 2021 Page 5 of 19 City Secretary Councilmember Russell Machann seconded the motion. All voted in favor. The fifth item on the agenda was to review and consider the COVID- 19 Update. City Manager Andres Garza, Jr. stated the City Staff would update the City Council regarding COVID- 19. EMS Director John Kowalik presented an updated on the regional hospital status in regards to COVID- 19. Emergency Management Coordinator Steve Johnson presented the COVID- 19 testing results over the previous 14 days for Wharton County. After some discussion, no action was taken. The sixth item on the agenda was to review and consider a resolution ofthe Wharton City Council approving an extension of the Declaration of Disaster signed on March 16, 2020 in accordance with Texas Government Code § 418. 108( a). City Manager Andres Garza, Jr. stated that on March 16, 2020, Mayor Tim Barker signed an Emergency Declaration for Public Health Emergency in response to the Covid- 19 outbreak which was declared a global pandemic by the World Health Organization. City Manager Garza said that this allows the Mayor to perform extraordinary actions, if necessary, to protect the public. Pursuant to Texas Government Code 418. 108 ( b) this declaration would need to be continued or renewed by the City Council within 7 days of issuance. City Manager Garza stated that this was passed on March 23, 2020 and was continued until May 31, 2020, July 31, 2020, September 30, 2020 and January 15, 2021. Emergency Management Coordinator Steve stated that during this time the disaster continued and many of our citizens, businesses and government continued to be affected and in order to continue with the response to the pandemic it was the City Staff's recommendation that the declaration be extended to March 31, 2021 unless rescinded earlier. After some discussion, Councilmember Russell Machann moved to approve City of Wharton Resolution No. 2021- 02, which read as follows: CITY OF WHARTON RESOLUTION NO. 2021- 02 A RESOLUTION OF THE WHARTON CITY COUNCIL APPROVING AN EXTENSION OF THE DECLARATION OF DISASTER SIGNED ON MARCH 16, 2020 IN ACCORDANCE WITH TEXAS GOVERNMENT CODE §418.108( a). WHEREAS, Beginning in December 2019, a novel coronavirus, now designated" SARS CoV- 2" which causes the disease COVID- 19, has spread through the world and has now been declared a global pandemic by the World Health Organization; and, WHEREAS, On March 16, 2020 Mayor Tim Barker signed an Emergency Declaration for Public Health Emergency in response to the Covid- 19 outbreak which was declared a global Pandemic by the World Health Organization; and, WHEREAS, Pursuant to Texas Government Code 418. 108 ( b) this declaration would need to be continued or renewed by City Council; and, City of Wharton City Council Meeting Minutes- January 11, 2021 Page 6 of 19 WHEREAS, This was passed on March 23, 2020 and was continued until May 31, 2020, July 31, 2020, September 30, 2020 and January 15, 2021; and, WHEREAS, To continue with the response to this pandemic the declaration will be extended until March 31, 2021 or rescinded earlier. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WHARTON, TEXAS as follows: Section I. That a local state of disaster has been declared for the City of Wharton pursuant to Code § 418. 108( a) of the Texas Government Code. Section II. Pursuant to §418. 108( b) of the Texas Government Code, the state of disaster shall continue until March 31, 2021 from the date of this declaration unless rescinded earlier. Section III. This declaration of a local state of disaster for public health emergency shall be given prompt and general publicity and shall be filed promptly with the City Secretary, pursuant to section 418. 108( c) of the Government Code. Section IV. The declaration of a local state of disaster activates the City of Wharton, Texas Emergency Management Plan and activates all other charter, statutory, and ordinance powers vested in me and all officers of the City of Wharton to act for the purposes stated, pursuant to section 418. 108( d) of the Government Code. Section V. That this resolution shall become effective immediately upon its passage. Passed, Approved, and Adopted this 11th day of January 2021. CITY OF WHARTON, TEXAS By: TIM BARKER Mayor ATTEST: PAULA FAVORS City Secretary The seventh item on the agenda was to review and consider a resolution of the Wharton City Council approving an Affiliation Agreement pertaining specifically to EMS Education and the City of Wharton EMS assuming the role of Clinical Affiliation for Field Internship between the City of Wharton City Council Meeting Minutes- January 11, 2021 Page 7 of 19 City of Wharton and the Wharton County Junior College and authorizing the City Manager to execute the agreement. City Manager Andres Garza, Jr. presented a copy of the agreement from Wharton County Junior College ( WCJC) regarding an Emergency Medical Services ( EMS) Affiliation Agreement. EMS Director John Kowalik stated the agreement was the same as the previous year' s agreements with WCJC. After some discussion, Councilmember Clifford Jackson moved to approve City of Wharton Resolution No. 2021- 03, which read as follows: CITY OF WHARTON RESOLUTION NO. 2021 - 03 A RESOLUTION OF THE WHARTON CITY COUNCIL APPROVING AN AFFILIATION AGREEMENT PERTAINING SPECIFICALLY TO EMS EDUCATION AND THE CITY OF WHARTON EMS ASSUMING THE ROLE OF CLINICAL AFFILIATION FOR FIELD INTERNSHIP BETWEEN THE CITY OF WHARTON AND WHARTON COUNTY JUNIOR COLLEGE AND AUTHORIZING THE CITY MANAGER OF THE CITY OF WHARTON TO EXECUTE THE AGREEMENT. WHEREAS, The City of Wharton and the Wharton County Junior College wishes to enter into an Affiliation Agreement pertaining specifically to EMS Education and the City of Wharton EMS assuming the role of Clinical Affiliation for field internship; and, WHEREAS, The City of Wharton and the Wharton County Junior College wishes to be bound by the conditions as outlined in the agreement; and, WHEREAS, The Wharton City Council wishes to authorize the City Manager of the City of Wharton to execute the agreement; and, WHEREAS, The Wharton City Council wishes the resolution to become effective immediately after its passage. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WHARTON, TEXAS that; Section I. The Wharton City Council hereby approves the Affiliation Agreement pertaining specifically to EMS Education and the City of Wharton EMS assuming the role of Clinical Affiliation for field internship between the City of Wharton and the Wharton County Junior College. Section II. The Wharton City Council hereby authorizes the City Manager of the City of Wharton to execute the agreement. Section III. This resolution shall become effective immediately upon its passage. PASSED, APPROVED AND ADOPTED this 11th day of January 2021. City of Wharton City Council Meeting Minutes- January 11, 2021 Page 8 of 19 CITY OF WHARTON By: TIM BARKER MAYOR ATTEST: PAULA FAVORS CITY SECRETARY Councilmember Terry Freese seconded the motion. All voted in favor. The eighth item on the agenda was to review and consider a tequest by Mr. Oscar Alarcon, 500 Davis St., Wharton, Block 22, Lot 1A for 3' side lot building line setback variance from the required 5' for new residential construction. City Manager Andres Garza, Jr. presented a copy of request by Mr. Oscar Alarcon, 500 Davis St., Wharton, Block 22, Lot IA for 3' side lot building line setback variance from the 5' for required new residential construction. Community Development Director Gwyn Teves stated the Planning Commission met on January 4, 2021 and voted to recommend this item to the City Council for approval. After some discussion, Councilmember Terry Freese moved to approve the request by Mr. Oscar Alarcon, 500 Davis St., Wharton, Block 22, Lot IA for 3' side lot building line setback variance from the required 5' for new residential construction. Councilmember Clifford Jackson seconded the motion. All voted in favor. The ninth item on the agenda was to review and consider a resolution authorizing resale of property held in trust by the City of Wharton, Texas, Trustee. City Manager Andres Garza, Jr. stated Ms. Leslie Hilliard with McCreary Veselka Bragg & Allen PC Attorneys at Law was requesting that the described properties that were offered for sale by the Sheriff of Wharton County, Texas at a public auction prior to a judgment of foreclosure for delinquent taxes by the District Courts of Wharton County did not receive sufficient bids as set by law and were struck off to the County of Wharton and later conveyed to the City of Wharton, Texas as Trustee. Community Development Director Gwyn Teves stated that the property would be utilized as part of the Wharton Flood Reduction Project. After some discussion, Councilmember Terry Freese moved to approve City of Wharton Resolution No. 2021- 04, which read as follows: STATE OF TEXAS COUNTY OF WHARTON RESOLUTION AUTHORIZING RESALE OF PROPERTY HELD IN TRUST BY THE CITY OF WHARTON, TEXAS, TRUSTEE WHEREAS, the property described herein were offered for sale by the Sheriff of Wharton County, Texas, at a public auction pursuant to a judgment of the District Court of Wharton County, City of Wharton City Council Meeting Minutes- January 11, 2021 Page 9 of 19 Texas, for the foreclosure of the tax liens securing payment of delinquent property taxes, accrued penalties, interest and court costs; and WHEREAS, as set by law the property did not receive sufficient bids at the tax sale and as a result the property was struck off to the City of Wharton, Texas, as Trustee, for the use and benefit of itself and the other Taxing Units for which levied taxes on the property; and WHEREAS, a Sheriffs' Deeds was recorded in the Official Public Records of Wharton County, Texas, conveying the property to the City of Wharton, Texas, and subsequently the property has been tax exempt from the date of the tax sale when the property was struck off; and WHEREAS, it is in the best interest of involved Taxing Units for the property to be resold and conveyed to a new owner for the purpose of returning the property to the tax roll as taxable property; and WHEREAS, TEX. PROP. TAX CODE § 34. 05 provides that in lieu of a public sale the Taxing Unit that the property was conveyed to may sell the property through a private sale; and WHEREAS, in accordance with TEX. PROP. TAX CODE § 34. 05( i) the City of Wharton, Texas, as Trustee, may sell the property identified in this Resolution for any amount with the consent of the other Taxing Units entitled to receive the proceeds of the sale under the judgment; and WHEREAS, the City of Wharton, Texas, desires to obtain the property identified in this Resolution for the purpose of working with the Wharton Flood Reduction Levee Project in the City of Wharton, Texas; THEREFORE, BE IT HEREBY RESOLVED that the City Council, hereby provides authorization to the City of Wharton, Texas, to act as Trustee for the property that is identified in this Resolution and hereby consent for the City of Wharton, Texas, to offer the property identified in the Resolution for sale at a private sale for any amount. THEREFORE, BE IT HEREBY FURTHER RESOLVED that pursuant to this Resolution the City of Wharton, Texas, as Trustee, is authorized by the City Council, to execute a deed without warranty conveying the property to the City of Wharton, Texas, for its sole use and benefit. This Resolution shall take effect immediately from and after its passage in accordance with the provision of the law. Cause Number, Legal Description, Deed Reference, Approximate Address, Account#, Bid in Trust Date T010355- Lot 7, Block 1, Smith Garden Spot, City of Wharton, Wharton County, Texas Volume 970, Page 529 of the Deed Records, Wharton County, Texas) 1810 Azalea Drive, Wharton, Texas, Account# R023656, Bid in Trust on March 3, 2020 i City of Wharton City Council Meeting Minutes- January 11, 2021 Page 10 of 19 THIS RESOLUTION WAS PASSED, APPROVED AND ADOPTED on this the 11 th day ofJanuary, 2021 by the Council Members ofthe City of Wharton, Texas City Council. CITY OF WHARTON, TEXAS BY: Tim Barker Mayor ATTEST: Paula Favors City Secretary Councilmember Don Mueller seconded the motion. All voted in favor. The tenth item on the agenda was to review and consider a resolution of the Wharton City Council amending City of Wharton Resolution No. 2020- 39 for the continuation of the City of Wharton Temporary Policy and Procedures: HR 6201 Families First Coronavirus Response Act (FFCRA) and Emergency Paid Sick Leave ( ESick) Act& Emergency Family and Medical Leave( EFMLA) Expansion Act and setting an effective date. City Manager Andres Garza, Jr. stated that on April 13, 2020 the City Council adopted the City of Wharton Temporary Policy and Procedures for HR 6201 Families First Coronavirus Response Act( FFCRA) and Emergency Paid Sick Leave( ESick) Act& Emergency Family and Medical Leave ( EFMLA) Expansion Act and set a termination date of the policy for December 31, 2020. City Manager Garza stated Emergency Sick Leave ( ESick) under this policy was paid at the employee' s regular rate of pay for employees' own illness or quarantine and 2/ 3' s their regular rate of pay for an employee to take care of a family member or child with certain qualifications. City Secretary Paula Favors stated the policy allowed for 80 hours of pay for full time employees and up to * 60 hours of paid leave for part time employees at the regular rate of pay and met certain qualifications. Mrs. Favors said that since April 13, 2020, the City had paid over 1, 200 hours of Esick to those employees who qualified and it was City Staff's recommendation to continue this temporary policy until March 31, 2021 to allow those employees who may be affected by the Coronavirus and that meet the qualifications to have a continuation pay up to 80 hours of pay for full time employees and up to * 60 hours of paid leave for part time employees at the regular rate of pay. She said that the time would be calculated from April 13, 2020 and those that have not used the full designated amounts of leave would still have the time available. After some discussion, Councilmember Clifford Jackson moved to approve City of Wharton Resolution No. 2021- 05, which read as follows: CITY OF WHARTON RESOLUTION NO. 2021- 05 A RESOLUTION OF THE WHARTON CITY COUNCIL AMENDING CITY OF WHARTON RESOLUTION NO. 2020- 39 FOR THE CONTINUATION OF THE CITY OF WHARTON i City of Wharton City Council Meeting Minutes- January 11, 2021 Page 11 of 19 TEMPORARY POLICY AND PROCEDURES: HR 6201 FAMILIES FIRST CORONAVIRUS RESPONSE ACT ( FFCRA) AND EMERGENCY PAID SICK LEAVE ( ESICK) ACT & EMERGENCY FAMILY AND MEDICAL LEAVE ( EFMLA) EXPANSION ACT AND SETTING AN EFFECTIVE DATE. WHEREAS, HR 6201 Families First Coronavirus Response Act ( FFCRA), temporarily amends and expands the Family and Medical Leave Act to provide paid job protected leave to both full time and part time employees; and, WHEREAS, The City of Wharton agrees to provide Emergency Paid Sick Leave( ESick) to both full and part time employees who qualify; and, WHEREAS, The City of Wharton exempted all employees until the Emergency Family and Medical Leave( EFMLA); and, WHEREAS, The attached amended City of Wharton Temporary Policy and Procedures: HR 6201 Families First Coronavirus Response Act( FFCRA) Emergency Paid Sick Leave ( ESick) Act& Emergency Family Medical Leave ( EFMLA) Expansion Act is in effect through March 31, 2021. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WHARTON, TEXAS that: Section I. The Wharton City Council approved the City of Wharton Temporary Policy and Procedures: HR 6201 Families First Coronavirus Response Act( FFCRA) Emergency Paid Sick Leave( ESick) Act& Emergency Family Medical Leave EFMLA) Expansion Act. Section II: That this resolution become effective January 11, 2021. Section III: That this policy is effective through March 31, 2021. Passed, Approved, and Adopted this 11 to day of January 2021. CITY OF WHARTON, TEXAS By: TIM BARKER Mayor ATTEST: PAULA FAVORS City Secretary Councilmember Steve Schneider seconded the motion. All voted in favor. City of Wharton City Council Meeting Minutes- January 11, 2021 Page 12 of 19 The eleventh item on the agenda was to review and consider a resolution of the Wharton City Council approving a Memorandum of Understanding (" Agreement") between Texas Community Watershed Partners as a program of Texas A& M AgriLife Extension Service and the City of Wharton; and authorizing the Mayor of the City of Wharton to execute said agreement. City Manager Andres Garza, Jr. stated that the Texas Community Watershed Partners ( TCWP) as a program of Texas A& M AgriLife Extension Service Planning Program Coordinator Andrew Knuppel, AICP met with the City staff on December 21, 2020 and provided information on free services available to the City as part of their program. City Manager Garza said TCWP provided education and outreach to local governments and citizens on the impacts of land use on watershed health and water quality. Community Development Director Gwyn Teves stated TCWP had offered to partner with the City to assist in rewriting the Subdivision Ordinance with the main components including a review of design standards, new provisions for private maintenance of BMPs like the detention/retention ponds and integrating the model ordinance referenced. Mrs. Teves said they would also attempt to ensure that the ordinance was aligned with the city' s land use plan and drainage plans. After some discussion, Councilmember Clifford Jackson moved to approve City of Wharton Resolution No. 2021- 06, which read as follows: CITY OF WHARTON RESOLUTION NO. 2021- 06 A RESOLUTION OF THE WHARTON CITY COUNCIL APPROVING A MEMORANDUM OF UNDERSTANDING (" AGREEMENT") BETWEEN TEXAS COMMUNITY WATERSHED PARTNERS AS A PROGRAM OF TEXAS A& M AGRILIFE EXTENSION SERVICE AND THE CITY OF WHARTON; AND AUTHORIZING THE MAYOR OF THE CITY OF WHARTON TO EXECUTE SAID AGREEMENT. WHEREAS, Texas Community Watershed Partners as a program of Texas A&M AgriLife Extension Service offers to provide Technical Assistance to the City; and WHEREAS, The City of Wharton is interested in receiving Technical Assistance; and WHEREAS, These activities will help the Ci City prepare revisions to its subdivision ordinance; and WHEREAS, It is deemed in the best interest of both parties that the parties enter into a mutually satisfactory agreement to undertake these activities; and WHEREAS, the Wharton City Council wishes to authorize the Mayor to execute said agreement on behalf of the City of Wharton. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WHARTON, TEXAS as follows: Section I. That the Agreement between Texas Community Watershed Partners as a program of Texas A& M AgriLife Extension Service is hereby approved. City of Wharton City Council Meeting Minutes- January 11, 2021 Page 13 of 19 Section II. The Parties are desirous of entering into this Agreement to clarify the functions and responsibilities of each in this endeavor. Section III. That the Mayor of the City of Wharton is hereby authorized to sign any and all documents relating to the agreement. Section IV. That this resolution shall become effective immediately upon its passage. PASSED, AGREED AND ADOPTED this 11th day of January 2021. CITY OF WHARTON, TEXAS By: TIM BARKER Mayor ATTEST: PAULA FAVORS City Secretary Councilmember Terry Freese seconded the motion. All voted in favor. The twelfth item on the agenda was to review and consider Disaster Debris Management, Monitoring and Recovery Services: A. Resolution: A resolution of the Wharton City Council approving a one-year extension for the City of Wharton Disaster Debris Management and Monitoring Services and authorizing the Mayor of the City of Wharton to execute all documents relating to said contract. B. Resolution: A resolution of the Wharton City Council approving a one-year extension for the City of Wharton Disaster Debris Recovery Services and authorizing the Mayor of the City of Wharton to execute all documents relating to said contract. City Manager Andres Garza, Jr. stated that on November 5, 2019, the City Council approved a disaster debris management and monitoring contract with Tetra Tech as the primary provider and Thompson Consulting as the secondary provider for a twelve-month period through November 5, 2020 with an additional one- year extension. City Manager Garza said it was recommended that the City renew the contract for the one-year period to make valid through November 5, 2021 when the City Staff would need to go out for new services and on May 29, 2019, the City Council approved a disaster debris recovery services contract with TFR Enterprises as the primary provider with a two-year contract and Ceres Environmental as the secondary provider for a twelve-month period through May 29, 2020 with an additional one- year period extension. Community Development Director Gwyn Teves stated that it was recommended that the City renew the City of Wharton City Council Meeting Minutes- January 11, 2021 Page 14 of 19 contract for the one-year period extension to make valid through May 29, 2021 when the City Staff would need to go out for new services. After some discussion, Councilmember Russell Machann moved to approve City of Wharton Resolution No. 2021- 07 and 2021- 08, which read as follows: CITY OF WHARTON RESOLUTION NO. 2021- 07 A RESOLUTION OF THE WHARTON CITY COUNCIL APPROVING A ONE YEAR EXTENSION FOR THE CITY OF WHARTON DISASTER DEBRIS MANAGEMENT AND MONITORING SERVICES AND AUTHORIZING THE MAYOR OF THE CITY OF WHARTON TO EXECUTE ALL DOCUMENTS RELATING TO SAID CONTRACT. WHEREAS, On November 5, 2019, the City of Wharton awarded contracts to Tetra Tech as primary and Thompson Consulting as secondary for Debris Management and Monitoring Services for a one-year period to include one one-year extension; and, WHEREAS, The Wharton City Council wishes to approve a one-year extension with Tetra Tech and Thompson Consulting in accordance with the contract; and, WHEREAS, The City of Wharton and Tetra Tech and Thompson Consulting wishes to be bound by the conditions as set forth in the agreement; and, WHEREAS, The Wharton City Council wishes to authorize the Mayor the City of Wharton to execute all documents related to said extension. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WHARTON, TEXAS as follows: Section I. That the Wharton City Council hereby approves the one- year extension with Tetra Tech and Thompson Consulting in accordance with the contract. Section II. That the Wharton City Council wishes to authorize the Mayor of the City of Wharton, Texas to execute all documents related to said contract. Section. III. That Tetra Tech and Thompson Consulting and the City of Wharton are hereby bound by the conditions as set forth in the agreement. Section IV. That this resolution shall become effective immediately upon its passage. Passed, Approved, and Adopted this the 11th day of January, 2021. CITY OF WHARTON City of Wharton City Council Meeting Minutes- January 11, 2021 Page 15 of 19 By: TIM BARKER Mayor ATTEST: PAULA FAVORS City Secretary CITY OF WHARTON RESOLUTION NO. 2021- 08 A RESOLUTION OF THE WHARTON CITY COUNCIL APPROVING A ONE YEAR EXTENSION FOR THE CITY OF WHARTON DISASTER DEBRIS RECOVERY SERVICES AND AUTHORIZING THE MAYOR OF THE CITY OF WHARTON TO EXECUTE ALL DOCUMENTS RELATING TO SAID CONTRACT. WHEREAS, On May 29, 2019, the City of Wharton awarded a contract to Ceres Environmental as secondary for Disaster Debris Recovery Services for a one- year period to include one one- year extension; and, WHEREAS, The Wharton City Council wishes to approve a one year extension with Ceres Environmental in accordance with the contract; and, WHEREAS, The City of Wharton and Ceres Environmental wishes to be bound by the conditions as set forth in the agreement; and, WHEREAS, The Wharton City Council wishes to authorize the Mayor the City of Wharton to execute all documents related to said extension. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WHARTON, TEXAS as follows: Section I. That the Wharton City Council hereby approves the one-year extension with Ceres Environmental in accordance with the contract. Section II. That the Wharton City Council wishes to authorize the Mayor of the City of Wharton, Texas to execute all documents related to said contract. City of Wharton City Council Meeting Minutes- January 11, 2021 Page 16 of 19 Section. III. That Ceres Environmental and the City of Wharton are hereby bound by the conditions as set forth in the agreement. Section IV. That this resolution shall become effective immediately upon its passage. Passed, Approved, and Adopted this the 11th day of January 2021. CITY OF WHARTON By: TIM BARKER Mayor ATTEST: PAULA FAVORS City Secretary Councilmember Terry Freese seconded the motion. All voted in favor. The thirteenth item on the agenda was to review and consider a resolution of the Wharton City Council accepting the Donation Deed from the Wharton Economic Development Corporation for certain properties for the City of Wharton FM 1301 Extension Project and authorizing the Mayor of the City of Wharton to execute the agreement. City Manager Andres Garza, Jr. stated the City of Wharton had been working with the Texas Department of Transportation to complete the FM 1301 Extension Project. City Manager Garza said the City Staff had been working with IDCUS as selected by the City Council and the Right-of-Way had been identified for acquisition of the project. Community Development Director Gwyn Teves stated that as part of the required properties needed for acquisition the Wharton Economic Development Corporation had offered to donate the property owned by them at A20031 ABST.38 Acres: 5. 0574 to the City of Wharton for the FM 1301 Extension Project. City Manager Garza presented a copy of the executed agreement from WEDCO for the donation and the draft resolution for acceptance by the City Council. After some discussion, Councilmember Clifford Jackson moved to approve City of Wharton Resolution No. 2021- 0, which read as follows: CITY OF WHARTON RESOLUTION NO. 2021- 09 A RESOLUTION OF THE WHARTON CITY COUNCIL ACCEPTING THE DONATION DEED FROM THE WHARTON ECONOMIC DEVELOPMENT CORPORATION FOR CERTAIN PROPERTIES FOR THE CITY OF WHARTON FM 1301 EXTENSION PROJECT AND AUTHORIZING THE MAYOR OF THE CITY OF WHARTON TO EXECUTE THE AGREEMENT. City of Wharton City Council Meeting Minutes- January 11, 2021 Page 17 of 19 WHEREAS, The City of Wharton is moving forward with the FM 1301 Extension Project; and, WHEREAS, Wharton Economic Development Corporation wishes to donate the necessary property to the City of Wharton for said project; and, WHEREAS, The needed property is located at A20038 ABST.38 Acres: 5. 0574; and, WHEREAS, The City of Wharton wishes to accept said parcels from the Wharton Economic Development Corporation; and WHEREAS, The Wharton City Council wishes to authorize the Mayor of the City of Wharton to execute the agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WHARTON, TEXAS that: Section I. The Wharton City Council hereby accepts the parcel at A20038 ABST.38 Acres: 5. 0574 as needed for the City of Wharton FM 1301 Extension Project from Wharton Economic Development Corporation. Section II: The Wharton City Council hereby authorizes the Mayor of the City of Wharton to execute the agreement. Section III: This resolution will become effective immediately upon its passage. Passed, Approved, and Adopted this I Ph day of January 2021. CITY OF WHARTON, TEXAS By: TIM BARKER Mayor ATTEST: PAULA FAVORS City Secretary Councilmember Terry Freese seconded the motion. All voted in favor. The fourteenth item on the agenda was to review and consider the City of Wharton 2020 Street Improvement Project: A. Change Order No. 2. City of Wharton City Council Meeting Minutes- January 11, 2021 Page 18 of 19 City Manager Andres Garza, Jr. presented Change Order No. 2 from Fuquay, Inc., for the 2020 Street Improvement Project. Interim Public Works Director Amy Horelica stated the change order would be for an extension of the contract to May 31, 2021. After some discussion, Councilmember Russell Machann moved to approve City of Wharton Change Order No. 2 for the 2020 Street Improvement Project. Councilmember Terry Freese seconded the motion. All voted in favor. The fifteenth item on the agenda was to review and consider appointments and resignations to the City of Wharton Boards, Commissions and Committees: A. Building Standards Commission. B. Planning Commission. C. Plumbing and Mechanical Board. D. Housing Finance Corporation. After some discussion, no action was taken. The sixteenth item on the agenda was to review and consider the City Council Boards, Commissions and Committee Reports: A. Finance Committee Meeting held December 14, 2020. B. Public Works Committee Meeting held December 14, 2020. After some discussion, no action was taken. Executive Session City Council may adjourn into an Executive Session in accordance with Section 551. 074 of the Local Government Code, Revised Civil Statutes of Texas. Final action, decision, or vote, if any with regard to any matter considered in Executive Session shall be made in Open Meeting. Discussion: A. To deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee: 1. New City Manager. 2. Current City Manager Employment Agreement. Mayor Tim Barker moved the meeting into Closed Session at 7: 40 p. m. Return to Open Session Action on items discussed in Executive Session: A. Appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee: 1. New City Manager. i City of Wharton City Council Meeting Minutes- January 11, 2021 Page 19 of 19 2. Current City Manager Employment Agreement. Mayor Tim Barker returned the meeting to Open Session at 8: 49 p. m. Councilmember Terry Freese moved to approve a City Manager Employment Agreement with Andres Garza, Jr. for continued current employee salary and vehicle allowance with a housing allowance not to exceed 1, 000 per month until the City Council ends the agreement. Councilmember Russell Machann seconded the motion. All voted in favor. Adjournment. There being no further discussion, Councilmember Don Mueller moved to adjourn. Councilmember Clifford Jackson seconded the motion. All voted in favor. The meeting adjourned at 8: 50 p.m. CITY OF WHARTON, TEXAS at" a.? G By: — TIM BARKER Mayor ATTEST: P LA FAVORS City Secretary r