City Council Regular Meeting
Regular MeetingWharton, TX · April 13, 2020
Minutes
MINUTES
OF
CITY OF WHARTON
CITY COUNCIL MEETING
APRIL 13, 2020
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, Finance Director Joan
Andel, City Secretary Paula Favors, TRMC, CPM, MMC,
Via Zoom: Assistant to the City Manager Brandi Jimenez,
EMS Director John Kowalik, Emergency Management
Coordinator Steve Johnson, Building Official Ronnie
Bollom, Assistant to the Building Official Claudia
Velasquez and Community Development Director Gwyn
Teves.
Visitors present were: Dr. Jeffery Gubbels ( Via Zoom), Natalie Frels, Sheila
Hoffman, Hugh Hoffman, Patty Lopez and Albert Villegas
with the Wharton Journal Specator.
Roll Call and Excused Absences.
After some discussion, 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.
Councilmember Russell Machann thanked the City and Wharton County for keeping citizens
informed during the COVID- 19 pandemic.
Proclamation
Mayor Tim Barker read the Proclamation recognizing April as Fair Housing Month. as follows:
CITY OF WHARTON
City of Wharton City Council Regular Meeting
Minutes- April 13, 2020
Page 2 of 12
OFFICE OF THE MAYOR
PROCLAMATION
WHEREAS, Title VII of the Civil Rights Act of 1968, as amended, prohibits discrimination in
housing and declares it is a national policy to provide, within constitutional limits,
for fair housing in the United States; and,
WHEREAS, The principal of Fair Housing is not only national law and national policy, but a
fundamental human concept and entitlement for all Americans; and,
WHEREAS, The fiftieth anniversary of this National Fair Housing Law, during the month of
April, provides an opportunity for all Americans to recognize that complete success
in the goal of equal housing opportunity can only be accomplished with the help
and cooperation of all Americans.
NOW, THEREFORE BE IT RESOLVED, I, Tim Barker, by the authority vested in me as
Mayor of the City of Wharton, Texas do hereby proclaim
The Month of April as
Fair Housing Month"
in the City of Wharton and hereby urge all the citizens of this locality to become aware of and
support the Fair Housing Law.
IN WITNESS THEREOF, I have set my hand and caused the seal of the City of Wharton to be
affixed this 1 st day of April in the year of our Lord two thousand nineteen A. D.
TIM BARKER
Mayor
City of Wharton, Texas
The first item on the agenda was to review and consider reading of the minutes from the regular
meetings held March 9, 2020 and March 23, 2020. After some discussion, Councilmember Russell
Machann moved to approve the reading of the minutes from the regular meetings held on March
9, 2020 and March 23, 2020. Councilmember Steve Schneider seconded the motion. All voted in
favor.
The second item on the agenda was to review and consider a request from Ms. Sheila Hoffman,
owner of Wikki Wikki Hawaii Shave Ice to address the Council regarding her food truck trailer.
City Manager Andres Garza, Jr. presented a copy of a letter from Ms. Sheila Hoffinan, owner of
Wikki Wikki Hawaii Shave Ice to address the Council regarding her food truck trailer. Mrs.
Hoffman stated that due to the COVID- 19 ( Coronavirus) pandemic, it would be safer for her
customers to be able to be serve food from her crawfish food trailer while they remained in their
vehicle.
Mrs. Hoffman requested the City Council consider a variance from the Ordinance not
allowing food trailers to have drive thru service to allow her to serve during the 2020 crawfish
City of Wharton City Council Regular Meeting
Minutes- April 13, 2020
Page 3 of 12
season for the health and safety of her customers. Community Development Director Gwyn Teves
stated the City of Wharton Ordinance 2019- 03 did not allow for variances so every mobile food
establishment would be treated equally. After some discussion, Councilmember Clifford Jackson
moved to approve the request from Ms. Sheila Hoffman to allow drive thru service for her mobile
food establishment during the 2020 crawfish season due to the COVID- 19 ( Coronavirus)
pandemic. Councilmember Don Mueller seconded the motion. All voted in favor.
The third item on the agenda was to review and consider the City of Wharton Annual Financial
Report for Fiscal Year October 1, 2018 to September 30, 2019 by Harrison, Waldrop & Uherek,
L.L.P. City Manager Andres Garza, Jr. stated that Mr. Steve Van Marten of Harrison, Waldrop&
Uherek, LLP, the City Auditors, presented the City of Wharton Annual Financial Report for Fiscal
Year October 1, 2018 to September 30, 2019 to the City Council Finance Committee on Monday,
April 13, 2020 at 5: 30 p. m.
Finance Director Joan Andel stated the City Council Finance
Committee was recommending the City Council consider approving the report. After some
discussion, Councilmember Russell Machann moved to approve the City of Wharton Annual
Financial Report for Fiscal Year October 1, 2018 to September 30, 2019 by Harrison, Waldrop&
Uherek, L. L. P. Councilmember Terry Freese seconded the motion. All voted in favor.
The fourth item on the agenda was to review and consider an update on Coronavirus (COVID- 19)
by Dr. Gubbels. City of Wharton Public Health Officer Dr. Jeff Gubbels presented an update on
the Coronavirus ( COVID- 19) situation stating that the County had been notified of 29 positive
cases.
City Manager Andres Garza, Jr. discussed all City facilities procedures during the
pandemic. After some discussion, no action was taken.
The fifth item on the agenda was to review and consider the COVID- 19 Fiscal Impact on City of
Wharton 2019- 2020 Budget. Finance Director Joan Andel presented an update to the City Council
of the impact the pandemic was having and would have on the City' s current budget. Mrs. Andel
stated that sales tax was down 1. 3% and the true test of the fiscal impact would come in May when
sales tax numbers for March were received. After some discussion, no action was taken.
The sixth item on the agenda was to review and consider the City of Wharton Hotel/Motel
Request:
1. Fiscal Impact of 2019- 2020 Budget.
2. Request from Mr. Vikas Desai, Manager of Holiday Inn and other hotel owners/mangers
dated March 23, 2020.
City Manager Andres Garza, Jr. stated that on March 19, 2020 the City Staff and the Mayor met
with Mr. Vikas Desai, Manager of Holiday Inn. City Manager Garza said that in Mr. Desai' s
request there were several items the hotels wanted from the City due to the decline in occupancy
in hotels. City Manager Garza presented a memorandum from Finance Director Joan Andel
regarding the Hotel/ Motel Budget. City Manager Garza said that the City Council Finance
Committee met on Monday, April 13, 2020 to discuss the request and after reviewing the request
they voted to recommend the City Council consider rejected the request. After some discussion,
Councilmember Russell Machann moved to reject the request from Mr. Vikas Desai, Manager of
City of Wharton City Council Regular Meeting
Minutes- April 13, 2020
Page 4 of 12
Holiday Inn and other hotel owners/ mangers dated March 23, 2020 and to discontinue the lighting
downtown and to de- obligate funding from the City of Wharton Hotel/ Motel fund budgeted for
the Wharton Downtown Business Association due to the shortfall of revenues caused by COVID-
19 ( Coronavirus) pandemic. Councilmember Terry Freese seconded the motion. All voted in
favor.
The seventh item on the agenda was to review and consider the City of Wharton Annual Budget
Calendar for fiscal year 2020 — 2021. City Manager Andres Garza, Jr. presented a copy of the
proposed City of Wharton Budget Calendar for fiscal year 2020- 2021. Finance Director Joan
Andel stated there would be ( 3) three budget workshops with the City Council planned. After
some discussion, Councilmember Terry Freese moved to approve the City of Wharton Annual
Budget Calendar for fiscal year 2020- 2021. Councilmember Don Mueller seconded the motion.
All voted in favor.
The eighth item on the agenda was to review and consider a resolution of the Wharton City Council
adopting 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. p re se nt ed a memorandum from City Secretary Paula Favors regarding HR 6201
Families First Coronavirus Response Act ( FFCRA). City Manager Garza stated the purpose of
the purposed policy was to provide guidance and instruction to employees on how to manage time
away from work if a leave of absence is needed in accordance with the Emergency Paid Sick Leave
Act ( ESick) and the Emergency Family and Medical Leave ( EFMLA). Mrs. Favors stated the
policy for 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 as listed. She said the policy would allow 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, if leave was required. Mrs. Favors stated it was her recommendation to
exempt City Staff from the Emergency Family and Medical Leave ( EFMLA) portion of the act
since all employees are deemed essential to maintain the continuity of operations of the City and
EFMLA could last up to 12 weeks, which could cause an undue hardship on City Departments.
After some discussion, Councilmember Terry Freese moved to approve City of Wharton
Resolution No. 2020- 39, which read as follows:
CITY OF WHARTON
RESOLUTION NO. 2020- 39
A RESOLUTION OF THE WHARTON CITY COUNCIL ADOPTING THE CITY OF
WHARTON TEMORARY 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 of Wharton City Council Regular Meeting
Minutes- April 13, 2020
Page 5 of 12
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 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 December 31, 2020.
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 April 1St, 2020.
Section III: That this policy is effective through December 31, 2020.
Passed, Approved, and Adopted this 13th
day of April 2020.
CITY OF WHARTON, TEXAS
By:
TIM BARKER
Mayor
ATTEST:
PAULA FAVORS
City Secretary
Councilmember Steve Schneider seconded the motion. All voted in favor.
The ninth item on the agenda was to review and consider an Ordinance postponing the May 2,
2020 General Officers' Election in the City of Wharton, Texas to the November 3, 2020 Uniform
Election date, pursuant to Section 418. 016 of the Texas Government Code and in
accordance with
City of Wharton City Council Regular Meeting
Minutes- April 13, 2020
Page 6 of 12
State of Texas, Secretary of State, Election Advisory No. 2020- 12.
City Manager Andres Garza,
Jr. stated that on March 18, 2020, Governor Greg Abbott issued a proclamation suspending
provisions of the Texas Election Code to allow political subdivisions to postpone their 2020 local
elections which gave local governments the ability to postpone their May 2, 2020 election to
November 3, 2020.
City Manager Garza presented a memorandum from City Secretary Paula
Favors to him requesting to postpone the City of Wharton General Election, a copy of the draft
ordinance postponing the May 2, 2020 election and copy of the State of Texas Election Division
Election Advisory No. 2020- 12.
Mrs. Favors stated the City of Wharton contracted with the
Wharton County Elections department to conduct its election and all other contracting entities in
the Joint Election Agreement had made the decision to postpone their election to November. She
said that if the City continued with the election, it would be responsible to foot the entire cost since
the other entities would not be sharing the cost and Governor Abbott was encouraging local
election officials to take advantage of these waivers and postpone their elections until November.
After some discussion,
Councilmember Terry Freese moved to approve City of Wharton
Ordinance No. 2020- 06, which read as follows:
CITY OF WHARTON, TEXAS
ORDINANCE NO. 2020- 06
AN ORDINANCE POSTPONING THE MAY 2, 2020 GENERAL OFFICERS' ELECTION
IN THE CITY OF WHARTON, TEXAS TO THE NOVEMBER 3, 2020 UNIFORM
ELECTION DATE, PURSUANT TO SECTION 418.016 OF THE TEXAS GOVERNMENT
CODE AND IN ACCORDANCE WITH STATE OF TEXAS, SECRETARY OF STATE,
ELECTION ADVISORY NO. 2020- 12.
BE IT ORDAINED by the City Council of the City of Wharton, Texas:
WHEREAS, On March 13, 2020, the Governor of Texas certified that the novel coronavirus
COVID- 19) poses an imminent threat of disaster and, under the authority vested
in the Governor by Section 418. 014 of the Texas Government Code, declared a
state of disaster for all counties in Texas; and,
WHEREAS, On March 18, 2020, Governor Greg Abbott issued a proclamation under Section
418. 016 of the Texas Government Code, suspending Sections 41. 0052( a) and ( b)
of the Texas Election Code and Section 49. 103 of the Texas Water Code to the
extent necessary to allow political subdivisions to move their elections for 2020
only to the next uniform date, occurring on November 3, 2020; and,
WHEREAS, The City of Wharton City Council passed and approved City of Wharton Ordinance
No. 2020- 03 ordering the General Officers' Election in the City of Wharton for
May 2, 2020 wishes to exercise its authority to postpone its election to November
3, 2020; and,
WHEREAS, The candidate filings for election will remain valid for the election held on
November 3, 2020 and the May 2, 2020 filing period will not be re- opened; and,
City of Wharton City Council Regular Meeting
Minutes- April 13, 2020
Page 7 of 12
WHEREAS, The Application for Ballot by Mail (ABBM) for voters that are voting by mail due
to being over the age of 65 or due to disability will still be valid for the postponed
election and that ABBM' s for voters who submitted ABBM' s based on expected
absence from the county would not be valid for the postponed election; and,
WHEREAS, The major relevant dates for the November election will set as follows: the voter
registration deadline of October 5, 2020, the deadline to submit an ABBM of
October 23, 2020, and the dates for early voting of October 19, 2020— October 30,
2020.
NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
WHARTON, TEXAS, that:
Section 1. The City Council recognizes the novel coronavirus( COVID- 19) poses an imminent
threat of disaster and that the Governor of Texas has declared a state of disaster for
all counties in Texas.
Section II. The City Council recognizes Governor Greg Abbott issued a proclamation to allow
political subdivisions to move their election for 2020 only to the next uniform date.
Section III. The City Council approves moving the May 2, 2020 General Election to November
3, 2020.
Section IV. The City Council recognizes the candidate filings for election will remain valid for
the election held on November 3, 2020 and the May 2, 2020 filing period will not
be re- opened.
Section V. The City Council recognizes that the Application for Ballot by Mail (ABBM) for
voters that are voting by mail due to being over the age of 65 or due to disability
will still be valid for the postponed election and that ABBM' s for voters who
submitted ABBM' s based on expected absence from the county would not be valid
for the postponed election.
Section VI. The City Council approves the major relevant dates for the November election are
as follows: the voter registration deadline of October 5, 2020, the deadline to submit
an ABBM of October 23, 2020, and the dates for early voting of October 19, 2020
October 30, 2020
Order
The City Council of the City of Wharton, Texas, shall order the election, in accordance with the
foregoing provisions.
Severability
If any court of competent jurisdiction rules that any section, subsection, sentence, clause, phrase,
or portion of this ordinance is invalid or unconstitutional, any such portion shall be deemed to be
City of Wharton City Council Regular Meeting
Minutes- April 13, 2020
Page 8 of 12
a separate, 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, on this
13th day of April, 2020.
CITY OF WHARTON, TEXAS ATTEST:
By:
TIM BARKER
PAULA FAVORS
Mayor
City Secretary
APPROVED AS:
PAUL WEBB
City Attorney
Councilmember Russell Machann seconded the motion. All voted in favor.
The tenth item on the agenda was to review and consider a request by Ms. Cynthia Cash on behalf
of Ms. Patricia Baldwin Estate for Re- Plat of C. W. Wilson Subdivision,
Lots 38 & 39. City
Manager Andres Garza, Jr. presented a request by Ms. Cynthia Cash on behalf of Ms. Patricia
Baldwin Estate for RePlat of C. W. Wilson Subdivision, Lots 38 &
39. Community Development
Director Gwyn Teves stated the City of Wharton Planning Commission met on April 6, 2020 and
voted to recommend to the
City Council the approval of the re- plat. After some discussion,
Councilmember Russell Machann moved to approve the request by Ms. Cynthia Cash on behalf
of Ms. Patricia Baldwin Estate for Re- Plat of C. W. Wilson Subdivision, Lots 38 & 39.
Councilmember Terry Freese seconded the motion. All voted in favor.
The eleventh item on the agenda was to review and consider a request by Wharton Partners LLC
for replat of 1506 N. Fulton St, Wm. Kincheloe, Blk. 64H and 641.
City Manager Andres Garza,
Jr. presented a request by Wharton Partners LLC for replat of 1506 N. Fulton St, Wm. Kincheloe,
Blk. 64H and 64I.
Community Development Director Gwyn Teves stated the City of Wharton
Planning Commission met on April 6, 2020 and voted to recommend to the City Council the
approval of the re- plat.
After some discussion, Councilmember Terry Freese moved to approve
the request by Wharton Partners LLC for replat of 1506 N. Fulton St, Wm. Kincheloe, Blk. 64H
and 64I. Councilmember Don Mueller seconded the motion. All
voted in favor.
City of Wharton City Council Regular Meeting
Minutes- April 13, 2020
Page 9 of 12
The twelfth item on the agenda was to review and consider the City of Wharton Emergency
Medical Services ( EMS) Department:
A. City Council acceptance of a grant in the amount of$75, 000 from the M.G. and Lillie
A. Johnson Foundation, Inc. for the purchase of an ambulance for the City of Wharton
EMS Department.
City Manager Andres Garza, Jr. presented a copy of the letter dated March 20, 2020 from Mr.
Robert Halepeska, Executive Vice President of the M.G. and Lillie A. Johnson Foundation, Inc.
awarding the City of Wharton EMS Department a grant in the amount of $75, 000.00 for the
purchase of a new ambulance and a copy of a memorandum from EMS Director John Kowalik
dated March 23, 2020 regarding the receipt of the $ 75, 000. 00 grant. City Manager Garza stated
that City Council acceptance of the grant was required. EMS Director Kowalik stated the grant
would go towards the purchase of a new ambulance which total cost is
approximately $ 150, 000.
After some discussion, Councilmember Terry Freese moved to accept the grant in the amount of
75, 000 from the M.G. and Lillie A. Johnson Foundation, Inc. for the purchase of an ambulance
for the City of Wharton EMS Department. Councilmember Don Mueller 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 authorizing the temporary change to the Lease Agreement with ACME Partnership, L.P.,
National Media Corporation, General Partner) under section titled Rent and authorizing the Mayor
of the City of Wharton to execute all documents related to said changes. City Manager Andres
Garza, Jr. presented a copy of a letter from ACME Partnership regarding a temporary change to
the Lease Agreement with ACME Partnership, L. P., ( National Media Corporation, General
Partner) under section titled Rent. City Manager Garza said the section titled Rent stated that rent
shall be Five Thousand($
5, 000) dollars annually paid yearly in advance, the 1 st payment due upon
the earlier of the beginning of construction or 6 months from execution of this lease and annually
the same date.
on
He said that they were requesting that the rent be paid in twenty- four ( 24)
monthly installments of$416.67 beginning April 1, 2020 through March 1, 2022, plus all payments
in arrears.
After some discussion, Councilmember Russell Machann moved to approve City of
Wharton Resolution No. 2020- 40, which read as follows:
CITY OF WHARTON
RESOLUTION NO. 2020— 40
A RESOLUTION OF THE WHARTON CITY COUNCIL AUTHORIZING THE
TEMPORARY CHANGE TO THE LEASE AGREEMENT WITH ACME
PARTNERSHIP, L.P., ( NATIONAL MEDIA CORPORATION, GENERAL PARTNER)
UNDER SECTION TITLED RENT AND AUTHORIZING THE MAYOR OF THE CITY
OF WHARTON TO EXECUTE ALL DOCUMENTS RELATED TO SAID CHANGES.
WHEREAS, On August 22, 2017 the City of Wharton entered into a Lease Agreement with
ACME Partnership, L. P.; and,
City of Wharton City Council Regular Meeting
Minutes- April 13, 2020
Page 10 of 12
WHEREAS, The section titled Rent states that Rent shall be Five Thousand ($ 5, 000) dollars
annually paid yearly in advance, the 1" payment due upon the earlier of the
beginning of construction or 6 months from execution of this lease and annually on
the same date; and,
WHEREAS, ACME Partnership is requesting that the rent be paid in twenty- four (24) monthly
installments beginning April 1, 2020 through March 1, 2022 and with all payments
in arrears; and,
WHEREAS, The City of Wharton and ACME Partnership, L. P., wishes to be bound by the
conditions as set forth in the agreement; 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 as follows:
Section I. That the Wharton City Council hereby approves to amend the lease agreement
between the City of Wharton and ACME Partnership, L.P.
Section 11. That the Wharton City Council hereby authorizes the Mayor of the City of Wharton
to execute the contract.
Section 111. That this resolution shall become effective immediately upon its passage.
Passed, Approved, and Adopted this the 13th day of April 2020.
CITY OF WHARTON
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 cancellation of the Wharton
Municipal Swimming Pool activities for the 2020 season.
City Manager Andres Garza, Jr.
presented a copy of the memorandum dated April 9, 2020 from Finance Director Joan Andel
providing the cancellation of Wharton Municipal Pool activities for the 2020 season. Mrs. Andel
City of Wharton City Council Regular Meeting
Minutes- April 13, 2020
Page 1 I of 12
stated that due to the COVID- 19 ( Coronavirus) pandemic, the pool would not be able to staff the
facility due to a lack of lifeguards who had applied for the job as well as a lack oftraining available
for anyone who may have been interested.
Mrs. Andel also requested the denial of the Wharton
Swim Team' s request for the use of the pool due to a lack of lifeguards. After some discussion,
Councilmember Don Mueller moved to approve the cancellation of the Wharton Municipal
Swimming Pool activities for the 2020 season and the denial of the Wharton Swim Team' s request
for use of the pool. Councilmember Terry Freese seconded the motion. All voted in favor.
The fifteenth item was to review and consider the construction of FM 102 Ditch Rehabilitation
Wal- Mart Ditch):
A. Pay Request No. 1 from South Central Texas Excavation and Construction, LLC.
City Manager Andres Garza, Jr. presented Pay Request No. 1 from South Central Texas
Excavation and Construction, LLC for the Construction of FM 102 Ditch Rehabilitation ( Wal-
Mart Ditch) in the amount of$ 94, 535. 19 and a copy of the Construction Progress Report No. 1
that covered construction activities during the period ofFebruary 1, 2020 to March 20, 2020. After
some discussion, Councilmember Terry Freese moved to approve Pay Request No. 1 from South
Central Texas Excavation and Construction, LLC. in the amount of$94, 535. 19. Councilmember
Clifford Jackson seconded the motion. All voted in favor.
The sixteenth item on the agenda was to review and consider appointments and resignations to the
City of Wharton Boards, Commissions and Committees:
1. Appointments:
A. Building Standards Commission.
B. Mayor' s Committee on People with Disabilities.
C. Plumbing and Mechanical Board.
After some discussion, no action was taken.
The seventeenth item on the agenda was to review and consider the City Council Boards,
Commissions and Committee Reports:
A.
Wharton Economic Development Corporation meeting held February 10, 2020.
B.
Wharton Economic Development Corporation meeting held February 27, 2020.
C. Public Works Committee meeting held March 9, 2020.
D. Airport Board meeting held March 10, 2020.
E. Finance Committee meeting held March 23, 2020.
After some discussion, no action was taken.
Adjournment. There being no further discussion, Councilmember Don Mueller moved to
adjourn. Councilmember Terry Freese seconded the motion. All voted in favor.
City of Wharton City Council Regular Meeting
Minutes- April 13, 2020
Page 12 of 12
The meeting adjourned at 8: 15 p.m.
CITY OF WHARTON, TEXAS
By: w.
TIM BARKER
Mayor
EST:
A LA FAV S
ity Secretary
LAL«
Agenda
CITY OF WHARTON
CITY COUNCIL REGULAR MEETING
Monday, April 13, 2020
7:00 PM
CITY HALL
NOTICE OF
CITY OF WHARTON
CITY COUNCIL REGULAR MEETING
Notice is hereby given that a City Council Regular Meeting will be held on Monday, April
13, 2020 at 7:00 PM at the Wharton City Hall, 120 East Caney Street, Wharton, Texas, at which
time the following subjects will be discussed to-wit:
SEE ATTACHED AGENDA
Dated this 9th day of April 2020.
By:
Tim Barker, Mayor
I, the undersigned authority, do hereby certify that the above Notice of Meeting of the City
Council Regular Meeting is a true and correct copy of said Notice and that I posted a true and
correct copy of said Notice on the bulletin board, at City Hall of said City or Town in Wharton,
Texas, a place convenient and readily accessible to the general public at all times, and said Notice
was posted on April 9, 2020, at 4:30 p.m. and remained so posted continuously for at least 72 hours
preceding the scheduled time of said Meeting.
The Wharton City Hall is wheelchair accessible. Access to the building and special parking
is available at the primary entrance. Persons with disabilities, who plan to attend this meeting and
who may need auxiliary aids or services such as interpreters for persons who are deaf or hearing
impaired, readers, or large print, are requested to contact the City Secretary's Office at (979) 532-
4811 Ext. 225 or by FAX (979) 532-0181 at least two (2) days prior to the meeting date. BRAILLE
IS NOT AVAILABLE.
Dated this 9th day of April 2020.
CITY OF WHARTON
By:
Paula Favors
City Secretary
AGENDA
CITY OF WHARTON
City Council Regular Meeting
Monday, April 13, 2020
City Hall - 7:00 PM
Call to Order –Opening Devotion –Pledge of Allegiance
Roll Call and Excused Absences.
Public Comments.
Wharton Moment.
Proclamation
1. Proclamation: Recognizing April as Fair Housing Month.
Review and Consider:
1. Reading of the minutes from the regular meetings held March 9, 2020 and March 23,
2020.
2. Request from Ms. Sheila Hoffman, owner of Wikki Wikki Hawaii Shave Ice to address the
Council regarding her food truck trailer.
3. City of Wharton Annual Financial Report for Fiscal Year October 1, 2018 to September 30,
2019 by Harrison, Waldrop & Uherek, L.L.P.
4. Update on Coronavirus (COVID-19) by Dr. Gubbels.
5. COVID-19 Fiscal Impact on City of Wharton 2019-2020 Budget.
6. City of Wharton Hotel/Motel Request:
1. Fiscal Impact of 2019-2020 Budget.
2. Request from Mr. Vikas Desai, Manager of Holiday Inn and other hotel
owners/mangers dated March 23, 2020.
7. City of Wharton Annual Budget Calendar for fiscal year 2020 – 2021.
8. Resolution: A resolution of the Wharton City Council adopting 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.
9. Ordinance: An Ordinance postponing the May 2, 2020 General Officers’ Election in the
City of Wharton, Texas to the November 3, 2020 Uniform Election date, pursuant to
Section 418.016 of the Texas Government Code and in accordance with State of Texas,
Secretary of State, Election Advisory No. 2020-12.
10. Request by Ms. Cynthia Cash on behalf of Ms. Patricia Baldwin Estate for Re-Plat of C.W.
Wilson Subdivision, Lots 38 & 39.
11. Request by Wharton Partners LLC for replat of 1506 N. Fulton St, Wm. Kincheloe, Blk. 64H
and 64I.
12. City of Wharton Emergency Medical Services (EMS) Department:
A. City Council acceptance of a grant in the amount of $75,000 from the M.G. and
Lillie A. Johnson Foundation, Inc. for the purchase of an ambulance for the City of
Wharton EMS Department.
13. Resolution: A resolution of the Wharton City Council authorizing the temporary change
to the Lease Agreement with ACME Partnership, L.P., (National Media Corporation,
General Partner) under section titled Rent and authorizing the Mayor of the City of
Wharton to execute all documents related to said changes.
14. Cancellation of the Wharton Municipal Swimming Pool activities for the 2020 season.
15. Construction of FM 102 Ditch Rehabilitation (Wal-Mart Ditch):
A. Pay Request No. 1 from South Central Texas Excavation and Construction, LLC.
16. Appointments and Resignations to the City of Wharton Boards, Commissions and
Committees:
1. Appointments:
A. Building Standards Commission.
B. Mayor’s Committee on People with
Disabilities.
C. Plumbing and Mechanical Board.
17. City Council Boards, Commissions and Committee Reports:
A. Wharton Economic Development Corporation meeting held February 10, 2020.
B. Wharton Economic Development Corporation meeting held February 27, 2020.
C. Public Works Committee meeting held March 9, 2020.
D. Airport Board meeting held March 10, 2020.
E. Finance Committee meeting held March 23, 2020.
Adjournment.
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