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City Council Regular Meeting

Regular Meeting

Wharton, TX · February 22, 2021

AgendaMinutes

Minutes

MINUTES OF CITY OF WHARTON CITY COUNCIL MEETING FEBRUARY 22, 2021 Mayor Tim. Barker declared a Regular Meeting duly open for the transaction of business at 7: 21 l'.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, Alice Heard-Roberts, Russell Machann, Don Mueller and Steve Schneider. CoWilmetnber absent was: None. Staff members present' were: City Manager Andres Garza, Jr. City Attorney Paul Webb, Finance Director Joan Andel, City Secretary Paula Favors, TRMC, CPM, MMC, Assistant to the City Manager Brandi Jimenez, Interim Public Works Director Amy Horelica, Utilities Superintendent Harold Matula, Emergency Management Coordinator Steve Johnson, Police Chief Terry David Lynch and Community Development Director Gwyn Teves. Visitors present were: David Kocurek, Rolando Escamilla, Larry Janak, P.E. with IDC, Inc. via zoom, Albert Villegas, with the Wharton Journal Spectator, Robert Herrera, Sylvia Herrera, Sheila Hoffman with Wikki Wikki Hawaii Shave Ice, and Jessica Hartman with The County Gin. Roll Call and Exciused Absences. All Councilmembers were present. Wbarton Moment. Mayor Tin} Barker stated Mr. Doc Blakley and his wife were moving to the hill country to be closer to their son, and a drive thru party would be held February 23, 2021 at the Methodist Church in Wharton. Mayor Barker said the Blakley' s would be missed and that Doc was a" Cornerstone to the Community." Mayor Barker thanked the City of Wharton employees for their work during the February 13- 17, 2021 North American winter storm, also referred to as Winter Storm Uri. Mayor Barker thanked Utility Clerk Lynette Masek for her hard work, stating a citizen commented to him how helpful she-was to him. Councilmember Russell Machann thanked the Public Works Department for their hard work t storm, keeping utility services going for the entire City. duinge City of Wharton City Council Regular Meeting Minutes- February 22, 2021 Page 2 of 15 City Manager Andres Garza, Jr. thanked Interim Public Works Director Amy Horelica and Utility Director Harold Matula for their leadership during the storm and for all city employees and department heads hard work during the storm. Public Comments. Mayor Tim Barker called for Public Comments. No comments were made. Review and Consider: The first item on the agenda was to review and consider the City of Wharton Financial Report for January 2021. Mrs. Andel stated that the TexPool balance for January was $ 201, 988. 15 with an average monthly ' yield of .08%. She said the Prosperity Bank balance for January 2021 was 9, 049, 225. 48 with an average monthly yield of .50%. After some discussion, Councilmember Russell Machann moved to approve the City of Wharton Financial Report for the month of January 2021. Councilmember Don Mueller seconded the motion. All voted in favor. The' second item on the agenda was to review and consider a request by the Wharton County Recovery Team for 4 temporary variance of Chapter 38- Manufactured Housing, Mobile Homes and Travel' Trailers; Article II-Requirements Concerning Mobile Homes, Manufactured Housing and Travel Trailers; Division 3- Recreational Vehicles, allowing the placement of a Travel Trailer at 517 Bla* Street as temporary housing for a client until other housing arrangements can be made. City. Manager Andres Garza, Jr. presented a copy of the request by the Wharton County 1Zeeovery Team for a temporary variance of Chapter 38- Manufactured Housing, Mobile Homes and Travel Trailers; AT`ticle II-Requirements Concerning Mobile Homes, Manufactured Housing and Travel Trailers; Division 3- Recreational Vehicles, allowing the placement of a Travel Trailer at 517 Black Street as temporary housing for a client until other housing arrangements could be Wade. After'som6 discussion, Councilmember Clifford Jackson moved to approve the the request py the Wharton County Recovery Team for a temporary variance of Chapter 38- Manufactured Dousing, Mobile Homes and Travel Trailers; Article II-Requirements Concerning Mobile Homes, Manufactured Housing and Travel Trailers; Division 3- Recreational Vehicles, allowing the placement of a Travel Trailer at 517 Black Street as temporary housing for a client until other dousing arrangements could be made. Councilmember Terry Freese seconded the motion. All voted in favor. The third item on the agenda was a 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 tylanager Andres.Garza, Jr. presented a copy of a letter from Ms. Sheila Hoffman, owner of Wikki Nikki Hawaii Shave Ice to address the Council regarding her food truck trailer. Ms. Hoffinan stated that her request was for an approval to use the food truck trailer as a drive-thru temporarily for the duration o the crawfish season. After some discussion, Councilmember Russell Machann moved to approve the temporary use of a food truck trailer as a drive-thru for the duration of the 2021 crawfish season at. Wikki Wikki Hawaii Shave Ice. Councilmember Clifford Jackson seconded the motion.' All voted in favor. I ZOZ XnmgoAjo PrP P. 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D City of Wharton City Council Regular Meeting Minutes- February 22, 2021 Page 4 of 15 CITY OF WHARTON, TEXAS By: TIM BARKER Mayor ATTEST: PAULA FAVORS City Secretary Councilmember Alice Heard- Roberts seconded the motion. All voted in favor. The fifth item on the agenda was to review and consider a resolution of the Wharton City Council approving the revision to the Wharton Police Department Use of Force Policy and authorizing the Mayor of the City of Wharton to execute all documents relating to said policy. City Manager Andres Garza, Jr. presented a copy of a memorandum to him from Chief of Police Terry Lynch regardigg the Executive Order 13929 Compliance with Use of Force Policy revision. City Manager Garza stated Chief Lynch had revised the policy to meet Texas Best Practices and ban choke holds asdefined in'the order. Chief Lynch stated that this Executive Order required that the Texas Police Chiefs Association Foundation certify law enforcement agencies and under the revised policy, Wharton Police Department met the requirements and had therefore been certified by TPCA. After some discussion, Councilmember Russell Machann moved to approve City of Wharton Resolution No. 2021- 22, which read as follows: CITY OF WHARTON RESOLUTION NO. 2021- 22 A RESOLUTION Of THE WHARTON CITY COUNCIL APPROVING THE REVISION TO` TffE WHARTON POLICE DEPARTMENT USE OF FORCE POLICY AND AUTHOIgZING THE MAYOR OF THE CITY OF WHARTON TO EXECUTE ALL DOCUMENTS RELATING TO SAID POLICY. WHEREAS, Pursuant to Section 2 of the Presidential Executive Order on Safe Policing for Safe Communities, dated June 16, 2020, Executive Order No. 13929, the U. S. Department of Justice' s discretionary grant funding is only available to Certification on Safe Policing for Communities to state and local law enforcement agencies that have obtained credentials certifying that they meet certain standards on use of force. WHEREAS, The Wharton Police Department Use of Force policy has been revised to comply with Executive Order 13929 ( Executive Order on Safe Policing). The`revision streamlined the policy to meet Texas Best Practices and ban choke holds as defined in the order; and, City of Wharton City Council Regular Meeting Minutes- February 22, 2021 Page 5 of 15 WHEREAS, Under this revised policy, the Wharton Police Department meets these requirements and has therefore been certified by TPCA; and, WHEREAS, Failure to comply with Executive Order 13929 will prohibit our agency fpM receiving any future federal funding. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WHARTON, TEXAS that: Section I, The City of Wharton has complied with the requirements of Section 2 of the Presidential Executive Order on Safe Policing for Safe Communities, dated June 16, 2020, Executive Order No. 13929. Section It: That this resolution shall become effective immediately upon its passage. Passed, Approved, and Adopted this 22nd day of February 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 sixth item on the agenda was to review and consider a resolution of the Wharton City Council arrending the agreement with IDC Inc. for engineering services for the FM 102 Relocation or FM 1301 to` H wy. 59 Expansion and Overpass Project and authorizing the Mayor of the City of Wharton to execute the agreement. City Manager Andres Garza, Jr. stated that on April 25, 2011, the City of Whaxton' ehtered into an agreement with IDC Inc. for engineering services for the FM 102 Relocation or FM 1.301 to Hwy. 59 Expansion and Overpass Project. City Manager Garza said the City Staff had been Working with Texas Department of Transportation ( TxDOT), SMC Consulting, Inc: and IDCUS on moving forward with the project. Community Development Director Gwyn Teves stated the current modification was for the revision ofthe roadway alignment and update of the PS& E Plans from SH 60 to Railroad Overpass to avoid/ minimize Right-of-Way ROW) taking at the Magnolia Mobile Home Park. City Manager Garza presented a copy of the amendment and additional cost information to continue with the services and contract for the City of Wharton City Council Regular Meeting Minutes- February 22, 2021 Page 6 of 15 services. After some discussion, Councilmember Terry Freese moved to approve City of Wharton Resolution No. 2021- 23, which read as follows: CITY OF WHARTON RESOLUTION NO. 2021 - 23 A RESOLUTION OF THE WHARTON CITY COUNCIL AMENDING THE AGREEMENT WITH IDC INC, FOR ENGINEERING SERVICES FOR THE FM 102 RELOCATION OR FM 1301 TO HWY. 59 .EXPANSION AND OVERPASS PROJECT AND AUTHORIZING TWE MAYOR OP THE CITY OF WHARTON TO EXECUTE THE AGREEMENT. WHEREAS, On April 25, 2011, the Wharton City Council entered into an agreement with IDC Inc. fdT engineering services for the FM 102 Relocation or FM 1301 to Hwy. 59 Expansion and Overpass Project; and, WHEREAS, On February 8, 2021 the Wharton City Council considered an amendment to the agreement with IDC Inc. for engineering services for the FM 102 Relocation or FM 1301 to Hwy. 59 Expansion and Overpass Project; and, WHEREAS, The City of Wharton and IDCUS wishes to be bound by the conditions as set forth in the agreement; and, V EW" AS, The Wharton City Council wishes to authorize the Mayor of the City of Wharton to execute said contract amendment. A10W, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VHARVON, TEXAS as follows: Section I. The Wharton City Council hereby authorizes the Mayor of the City of Wharton to execute the amended agreement with IDCUS for engineering services for the FM 102 Relocation or FM 1301 to Hwy. 59 Expansion and Overpass Project. Section 1I. The City of Wharton and IDCUS are hereby bound by the conditions as set forth in the contract amendment. Section III. That this resolution shall become effective immediately upon its passage. 22nd PASSED, APPROVED, and ADOPTED this day of February 2021. CITY OF WHARTON, TEXAS By: TIM BARKER Mayor City of Wharton City Council Regular Meeting Minutes- February 22, 2021 Page 7 of 15 ATTEST; PAULA FAVORS City Secretary Councilmernber Alice Heard-Roberts seconded the motion. All voted in favor. The seventh item on the agenda was to review and consider a resolution of the Wharton City Council approving an extension of the Declaration of Disaster signed on February 15, 2021 in accordance with Texas Government Code § 418. 108( a). City Manager Andres Garza.,Jr. stated that I n February 15, 2021 Mayor Tim Barker signed an Emergency Declaration in response to the severe winter weather. City Manager Garza said that this allowed the Mayor to perform extraordinary actions, if necessary, to protect the public. Emergency Management Coordinator Stege Johnson stated that pursuant to Texas Government Code 418. 108 ( b) the declaration would need to be continuedor renewed by City Council within 7 days ofissuance. After some discussion, Council 'member Terry Freese moved to approve City of Wharton Resolution No. 2021- 24, which read as follows: CITY OF WHARTON RESOLUTION NO. 2021- 24 A RESOLUTION OF THE WHARTON CITY COUNCIL APPROVING AN EXTENSION OF, TffE ' OECI . A" TION OF DISASTER SIGNED ON FEBRUARY 15, 2021 IN ACCORDANCE WITH TEXAS GOVERNMENT CODE §418.108(a). WHER A$, City of Wharton on the 15th day of February, 2021, has suffered widespread or severe damage, injury, or loss of life or property( or there is imminent threat of same) due to prolonged freezing temperatures, heavy snow and freezing rain resulting from severe winter weather; and, WHEREAS, On February 15, 2021 Mayor Tim Barker signed an Emergency Declaration in response to the severe winter weather; and, VWREAS, Pursuant to Texas Government Code 418. 108 ( b) this declaration would need to be continued or renewed by City Council. 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. City of Wharton City Council Regular Meeting Minutes- February 22, 2021 Page 8 of 15 Section II. Pursuant to § 418. 108( b) of the Texas Government Code, the state of disaster shall continue until March 30, 2021 from the date of this declaration unless rescinded earlier, Section IIt. 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. Solation 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 22nd day of February 2021. CITY OF WHARTON, TEXAS By: TIM BARKER Mayor ATTEST: PAULA FAVORS City,Secretary Councilmember' Clifford Jackson 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 establishing a Memorandum of Understanding with Wharton County' s update to the Wharton County Hazard Mitigation Plan, committing funds of$5, 000.00 and authorizing the Mayor of the City of Wharton to execute all documents related to said Memorandum of Understanding. City Manager Andres Garza, Jr stated in 2016, the City in participation with Wharton County completed and adopted the Wharton County Hazard Mitigation Plan. City Manager Garza said it was required by FEviA that this plan be updated, approved by TDEM and FEMA and readopted every 5 years. ommumty_Development Director Gwyn Teves stated Wharton County had coordinated with a consultant to complete the update and was requesting that the City of Wharton partner with them and the Cities of East 13ernard and El Campo to complete the updated Hazard Mitigation Plan and provide a portion of the costs. City Manager Garza presented a copy of the draft MOU with City of Wharton City Council Regular Meeting Minutes- February 22, 2021 Page 9 of 15 Wharton County and the other entities to participate in this plan update. Mrs. Teves said the City of Wharton would be responsible for a financial contribution of$5, 000. 00. After some discussion, Councilmember Terry Freese moved to approve City of Wharton Resolution No. 2021- 25, which read as follows: CITY OF WHARTON RESOLUTION NO. 2021 - 25 A RESOLUTION OF THE WHARTON CITY COUNCIL ESTABLISHING A MEMORANDUM OF UNDERSTANDING WITH WHARTON COUNTY' S UPDATE TO THE WHARTON COUNTY HAZARD MITIGATION PLAN, COMMITTING FUNDS OF 5,000 AND AUTHQRIZING THE MAYOR OF THE CITY OF WHARTON TO EXECUTE ALL, DOCUMENTS RELATED TO SAID MEMOANDUM OF UNDERSTANDING. WHEREAS, The City of Wharton City Council wishes to participate with Wharton County, the Cities of El Campo and East Bernard to complete an update to the Wharton County Hazard Mitigation Plan; and, WHEREAS, The City ofWharton City Council wishes to commit funds to the update totaling 5, 000. and, W1jEItEAS, The Wharton City Council wishes to authorize the Mayor of the City of Wharton to execute all documents relating to said memorandum. RE IT, S, RESOLVED LV D Y THE CITY COUNCIL OF THE CITY OF WHARTON TEXAS: SECTION 1. The Wharton City Council hereby approves participation with Wharton County, the Cities ofEl Campo and East Bernard to complete an update to the Wharton County Hazard Mitigation Plan. SECTION II. The City of Wharton City Council wishes to commit to the update totaling$ 5, 000. SECTION III. The Wharton City Council hereby authorizes the Mayor of the City of Wharton to execute all documents related to said memorandum. SECTION IV. That thisresolution shall become effective immediately upon its passage. p SS)EV, APPROVED, and ADOPTED this 22nd day of February 2021. 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OS aoAananS puU Buuaau12ug zoj 2uu33ut2ug Jot JOMD puU sauor gJIM j3.tlJjU00 u Butnoiddt jtounoD f4tD uolmft otp jo uotinjosai u aaptsuoo puR nnainai 01 SWA upuagu aul tto utajt gtuiu 3qj zon ut p010n IIV • uoiIoux agP papu033S uos313n f ptojji[;). tagtuauujtounoD AMaaoas ' 14i0 S iOAV3 Vlnya 91 JO 0I aged IZOZ` ZZ kmnlgoq- sa; nu!w 5uijooW. mjn2ag IiounoD f4iD not egAk 3o 4i3 City of Wharton City Council Regular Meeting Minutes- February 22, 2021 Page 11 of 15 Section II, The Wharton City Council hereby approves to authorize the Mayor of the City of Wharton to execute the agreement. Section III. The City of Wharton and Jones and Carter Engineering are hereby bound by the conditions as set forth in the agreement. Section IV. That this resolution shall become effective immediately upon its passage. 22nd Passed, Approved, and Adopted this the day of February 2021. CITY OF WHARTON By: TIM BARKER Mayor ATTEST; PAULA FAVORS City Secretary Councillner}lber Clifford Jackson 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 approving Halff and Associates to proceed with the recommended contractor for the Wharton Water Well 4 Water Plant Project even if the contractor intends to subcontract above 50% of the construction: City Manager`Andres Garza, Jr. stated that on January 26, 2021, bids were received for the Whatton Well and Water Treatment Plant Construction and Drilling. City Manager Garza said that there were two (2) bids submitted for the Construction and four( 4) bids submitted for the water well drilling and upon review of the bids for construction by Mr. Mike Kochanek with Halff and Associates, who was the contracted engineer service for the City, it became apparent that E- Gontractors, who was currently the lowest bidder would be subcontracting $ 1. 66M of the work or 72% of the contract. Community Development Director Gwyn Teves stated that per the contract ianguage" the Contractor shall not award subcontract work valued at more than fifty percent of the Contract Price' to Subcontractor( s), without prior written approval of the Owner" and the City must authorize the contractor to sub out this amount of work. After some discussion, Councilmember Terry Freese moved to approve City of Wharton Resolution No. 2021- 27, which read as follows: CITY OF WHARTON RESOLUTION NO. 2021- 27 A RESOLVTI9N OF THE WHARTON CITY COUNCIL APPROVING HALFF AND AS. GATES:- TQ MOVE FORWARD WITH RECOMMENDATION OF CONTRACTOR FOR THE WHARTON WATER WELL & WATER PLANT EVEN IF City of Wharton City Council Regular Meeting Minutes- February 22, 2021 Page 12 of 15 THE INTENDS TO SUBCONTRACT ABOVE 50% OF THE CONTRACTOR CONSTRUCTION, WHEREAS, The Wharton City Council wishes to approve Halff and Associates to formulate a recommendation for the Wharton Water Well & Water Plant; and, WHEREAS, The City of Wharton will allow the recommended contractor to subcontract work valued at more than fifty percent of the Contract Price to Subcontractor. NOW, THEREFORE, $ E IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WHARTON, TEXAS as follows: n L Sectio_ The Wharton City Council hereby Halff and Associates to formulate a recommendation for the Wharton Water Well & Water Plant. Section 1I. The Wharton City Council hereby authorizes the recommended contractor to subcontract work valued at more than fifty percent of the Contract Price to Subcontractor. Section III. That this resolution shall become effective immediately upon its passage. 22nd Passed, Approved,' and Adopted this the day of February 2021. CITY OF WHARTON By: TIM BARKER Mayor ATTEST: PAULA FAVORS City Secretary CouncilmetY}ber Russell Machann seconded the motion. All voted in favor. The eleventh item on the agenda was to review and consider the update of City of Wharton Grant Programs. pity Manager Andres Garza, Jr. presented a copy of a memorandum from Community Development Director, Gwyn Teves, providing an update on the City of Wharton Grant Programs. After some discussion, no action was taken. The twelfth itern on the agenda was to review and consider the update of City of Wharton on-going Projects' City Manager Andres Garza, Jr. presented a copy of his memorandum dated February 17, 2021 to' the City Council providing an update on the City of Wharton current projects as of 4agivary 3J, 2021, which read as follows: City of Wharton City Council Regular Meeting Minutes- February 22, 2021 Page 13 of 15 FLOOD REDUCTION (LEVEE) PROJECT The U. S. Army Corp of Engineers ( USACE) Lower Colorado River Phase I Report- City of Wharton Flood Prevention Project and Recommended report is located at the Wharton County Library and the office of the City of Wharton City Secretary for viewing or the report may be viewed on line at http:// www.ciiyofwharton.com/ information- a-notices/ lcrb- feasibility- study, The Project Participation Agreement( PPA) has been executed. The City has begun the.process to acquire the property necessary to construct the project. The City has hired HDR for Right- of-Way Acquisition and Jones & Carter for City and private company utility relocations. The City through HDR has begun the process ofmaking offers to property owners. DRAINAGE: t. Stavena Addition Drainage Project. The design and construction plans are complete. The challenge on this project is to find locations to place approximately 35, 000 cubic yards of soil. The ideal disposal site should be close to the project site to reduce the cost of construction. The project is listed as one to be f ipded with the Texas Water Development Board ( TWDB) Program for partial assistance. 7. Ahldag Ditch Improvement. The project was approved by the City Council. Public Works Director is currently working out thee,tails. The ditch improvements were proposed under the Texas General Land Office( DLO) Infrastructure Grant Program. The City is awaiting the approval of the grant request. 3. On- going Drainage and Maintenance Program. The. Pubiic' Works Department has continued working on cleaning residential draining ditches that have' experienced poor drainage. 4. Pecan Acres ( Mahann; Kinkaid, Delmas) Drainage Project. Installation of the drainage pipes was completed. The City Public Works Department will be regrading ditches to improve the drainage in the area. WATER/ SEWER IMPROVEMENTS: I. On-going Water and Sewer Maintenance Program. Water leaks and sewer failures are still being seen in the month of.January. 2. Water Well and Water Plant Project— CR 222 ( Halford). Halff and Associates the City' s engineering firm on the project are completing the plan and specifications for the project. The plans and specifications have been submitted to the UMA for review and approval. The City Staff anticipate the project to be out for bid by the first quarter of 2021 once USDA approves the plans and specifications. City of Wharton City Council Regular Meeting Minutes- February 22, 2021 Page 14 of 15 STREET IMPROVEMENTS 1, FM 1301 Extension and Overpass Project Progress Report.. IDC Inc. has submitted to TxDOT Yoakum District Office all required plans for the project. The City Staff continues to coordinate with TxDOT to ensure the project continues to move forward. The City Staff is working on funding for the project under the State Infrastructure Bank( SIB) Program. 2. 1- 69 Project, The City submitted the comments as approved by the City Council to TxDOT. TxDOT has informed the City that an engineering firm has been selected to design the project from Highway 60 to FM 961. 4. NanYa Exit Ramp Project. TxDOT has been coordinating with NanYa and JM Eagle on the exit design. 4. 2020 City Street Improvement Project. The City has begun the 2020 Street Improvement Project. The City of Wharton Public Works Department has prepared approximately 75% of the streets for the Street Program. he seal coating is expected to be completed by May 2021. After some discussion; no action was taken. Pe thirteenth item on the agenda was to review and consider City Council Boards, Commissions and C6t imittee Reports: A. finanee Committee meeting held February 8, 2021. B. Public Works Committee meeting held February 8, 2021. After some discussion, no action was taken. The fourteenth item on the agenda was to review and consider appointments and resignations to the City of Wharton Boards; Commissions and Committees: A. wilding Standards Commission. B. Planning Con}' ission. C. Plui0ing and Mechanical Board. D. Housfng Finance Corporation. After some discussion, Couricilmember Russell Machann moved to accept the resignation of Ms. Devory A. Francis from the Beautification Commission. Councilmember Clifford Jackson seconded the motion. All voted in favor. The fifteenth item on the agenda was to review and consider the City Manager' s Reports: A. City SecTetary/ Personnel. Code oorcement., City of Wharton City Council Regular Meeting Minutes- February 22, 2021 Page 15 of 15 C. Community Services Department/ Civic Center. P. Emergency Management. E. E. M. S. Department. F. Facilities Maintenance Department/ Wharton Municipal Pool. G. Fire Department. . H, Fire Marshal. l; Legal Department. J. Municipal' Court. K. Police.Department, L. Public Works Department. M. Water/ Sewer Department. N. Weedy Lots/ iign Ordinance. 0. Wharton Regional Airport. After' some discussion, no action was taken. 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 7;46 p.m. CITY OF WHARTON, TEXAS By: TIM BARKER Mayor ST: AULA FAVORS ity Secretary

Agenda

CITY OF WHARTON CITY COUNCIL REGULAR MEETING Monday, February 22, 2021 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, February 22, 2021 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 18th day of February 2021. 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 February 18, 2021, 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. Pursuant to V.T.C.A. Gov. Code Section 551.001 et seq., the City of Wharton City Council of Wharton, Texas will hold a meeting by Teleconference on Monday, February 22, 2021 at 7:00 p.m. at City Hall, 120 E. Caney St., Wharton, Texas 77488. Join the meeting: https://zoom.us/j/92163547715?pwd=dmpySEhEVUlKOHdEVGZtQVIxMFVJZz09 To dial in by phone: +1 346 248 7799 US (Houston) 877 853 5257 US Toll-free Meeting ID: 921 6354 7715 Password: 106784 If you wish to provide comments during the Public Comments portion of the meeting, submit an email before 3:00 p.m. Monday, February 22, 2021 to pfavors@cityofwharton.com and provide your name, address, telephone number and the agenda item on which you wish to speak. City Staff will send an email providing instructions for commenting during public participation via videoconference directly to those registered to comment. The same rules apply to telephone comments as to in-person comments. They must be no more than 3 minutes in length. Dated this 18th day of February 2021. CITY OF WHARTON By: Paula Favors City Secretary AGENDA CITY OF WHARTON City Council Regular Meeting Monday, February 22, 2021 City Hall - 7:00 PM Pursuant to V.T.C.A. Gov. Code Section 551.001 et seq., the City of Wharton City Council of Wharton, Texas will hold a meeting by Teleconference on Monday, February 22, 2021 at 7:00 p.m. at City Hall, 120 E. Caney St., Wharton, Texas 77488. Join the meeting: https://zoom.us/j/92163547715?pwd=dmpySEhEVUlKOHdEVGZtQVIxMFVJZz09 To dial in by phone: +1 346 248 7799 US (Houston) 877 853 5257 US Toll-free Meeting ID: 921 6354 7715 Password: 106784 If you wish to provide comments during the Public Comments portion of the meeting, submit an email before 3:00 p.m. Monday, February 22, 2021 to pfavors@cityofwharton.com and provide your name, address, telephone number and the agenda item on which you wish to speak. City Staff will send an email providing instructions for commenting during public participation via videoconference directly to those registered to comment. The same rules apply to telephone comments as to in-person comments. They must be no more than 3 minutes in length. Call to Order –Opening Devotion –Pledge of Allegiance Roll Call and Excused Absences. Public Comments. Wharton Moment. Review and Consider: 1. City of Wharton Financial Report for January 2021. 2. Request by the Wharton County Recovery Team for a temporary variance of Chapter 38- Manufactured Housing, Mobile Homes and Travel Trailers; Article II-Requirements Concerning Mobile Homes, Manufactured Housing and Travel Trailers; Division 3- Recreational Vehicles, allowing the placement of a Travel Trailer at 517 Black Street as temporary housing for a client until other housing arrangements can be made. 3. Request from Ms. Sheila Hoffman, owner of Wikki Wikki Hawaii Shave Ice to address the Council regarding her food truck trailer. 4. Resolution: A resolution of the Wharton City Council approving a VOCA Grant-Victim’s Assistance Officer for the Wharton Police Department-80/20 match for two (2) years and authorizing the Mayor of the City of Wharton to execute all documents related to said grant. 5. Resolution: A resolution of the Wharton City Council approving the revision to the Wharton Police Department Use of Force Policy and authorizing the Mayor of the City of Wharton to execute all documents relating to said policy. 6. Resolution: A resolution of the Wharton City Council amending the agreement with IDC Inc. for engineering services for the FM 102 Relocation or FM 1301 to Hwy. 59 Expansion and Overpass Project and authorizing the Mayor of the City of Wharton to execute the agreement. 7. Resolution: A resolution of the Wharton City Council approving an extension of the Declaration of Disaster signed on February 15, 2021 in accordance with Texas Government Code §418.l08(a). 8. Resolution: A resolution of the Wharton City Council establishing a Memorandum of Understanding with Wharton County’s update to the Wharton County Hazard Mitigation Plan, committing funds of $5,000.00 and authorizing the Mayor of the City of Wharton to execute all documents related to said Memorandum of Understanding. 9. Resolution: A resolution of the Wharton City Council approving a contract with Jones and Carter for Engineering for Engineering and Surveyor Services in connection with the TxCDBG Project, Contract Number 7220499 and authorizing the Mayor of the City of Wharton to execute all documents related to said contract. 10. Resolution: A resolution of the Wharton City Council approving Halff and Associates to proceed with the recommended contractor for the Wharton Water Well & Water Plant Project even if the contractor intends to subcontract above 50% of the construction. 11. Update of City of Wharton Grant Programs. 12. Update of City of Wharton on-going Projects. 13. City Council Boards, Commissions and Committee Reports: A. Finance Committee meeting held February 8, 2021. B. Public Works Committee meeting held February 8, 2021. 14. 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. 15. City Manager’s Reports: A. City Secretary/Personnel. B. Code Enforcement. C. Community Services Department / Civic Center. D. Emergency Management. E. E. M. S. Department. F. Facilities Maintenance Department / Wharton Municipal Pool. G. Fire Department. H. Fire Marshal. I. Legal Department. J. Municipal Court. K. Police Department. L. Public Works Department. M. Water / Sewer Department. N. Weedy Lots / Sign Ordinance. O. Wharton Regional Airport. Adjournment.

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