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City Council Regular Meeting

Regular Meeting

Wharton, TX · March 22, 2021

AgendaMinutes

Minutes

i MINUTES OF CITY OF WHARTON CITY COUNCIL MEETING MARCH 22, 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, Alice Heard-Roberts, Russell Machann, Don Mueller and Steve Schneider. Councilmember absent was: None. Stiff members present were: City Manager Andres Garza, Jr. City Attorney Paul Webb, Finance Director Joan Andel, Emergency Management Coordinator Steve Johnson, Police Chief Terry David Lynch, Interim Public Works Director Amy Horelica and Community Development Director Gwyn Teves. Visitors present were: Burnell Neal and Albert Villegas, with the Wharton Journal Spectator. jtoll Call and Excused Absences. All Councilrnembers were present. Wharton Moment. Mayor Tim Barker called for Wharton Moments. No comments were made. Public Comments. Mayor Tim darker 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 February 2021.` Mrs. Andel stated that the TexPool balance for February was $ 31, 003. 61 with an average monthly yield of . 05%. She said the Prosperity Bank balance for February 2021 was 10, 413, 936. 80 with an average monthly yield of .50%. After some discussion, Councilmember Plussell Machann moved to approve the City of Wharton Financial Report for the month of February 2021. Councilmember Terry Freese seconded the motion. All voted in favor. The second item on the agenda was to review and consider a request from Mr. Haywood Ross to address the Council regarding Black Street. City Manager Andres Garza, Jr. presented a copy of the i City of Wharton City Council Regular Meeting Minutes- March 22, 2021 Page 2 of 14 request from Mr. Haywood Ross to address the Council regarding Black Street. Mr. Ross was not present at the meeting. This item was pulled from the agenda. No action was taken. The third item on the agenda was a review and consider a request by Mr. Michael Roberson on behalf of Roberson Properties Inc., 200 E. Milam St. & 105 S. Rusk St., Wharton, Block 6, Lots 1, 2A'& 2 for; A. Variance to build across property lines. B. Zero setback variance to the building line setback on the side adjoining Block 6, Lots 3 & 4. C. Variance to match existing adjacent building elevation. City Manager Andres' Garza, Jr. presented a copy of the request from Mr. Michael Roberson on behalf of Roberson Properties Inc., 200 E. Milam St. & 105 S. Rusk St., Wharton, Block 6, Lots 1, 2A'& 2 for: A. Variance to build across property lines. B. Zero setback variance to the building line setback on the side adjoining Block 6, Lots 3 & 4. C. Variance to match existing adjacent building elevation. After some discussion, Councilmember Terry Freese moved to approve the request by Mr. Michael Roberson on behalf of Roberson Properties Inc., 200 E. Milam St. & 105 S. Rusk St., Wharton, Block 6, Lots 1, 2A & 2, for: A. Variance to build across property lines. B. Zero setback variance to the building line setback on the side adjoining Block 6, Lots 3 & 4. C. Variance to rriatch existing adjacent building elevation. Councilmember'Russell Machann seconded the motion. All voted in favor. The fourth item on the agenda was to review and consider a request by R.M. Quality Construction on behalf of Virginia Paniagua, 602 Moutray Ave., River Road, Block 6, Lot 12 for: A. 10'. Side Building Line Setback on the right property line adjoining David St. B. 2' Side Building Line Setback on the left property line. City. Manager Andres Garza, Jr. presented a copy of the request by R.M. Quality Construction on behalf of Virginia Paniagua, 602 Moutray Ave., River Road, Block 6, Lot 12 for: A. 10' Side,Building Line Setback on the right property line adjoining David St. 2' Side Building Line Setback on the left property line. After some discussion, Councilmember Alice Heard-Roberts moved to approve the request by R.M. Quality Construction on behalf of Virginia Paniagua, 602 Moutray Ave., River Road, Block 6, Lot 12 for: A. 10' Side Building Line Setback on the right property line adjoining David St. B. 2' Side Building Line Setback on the left property line. i City of Wharton City Council Regular Meeting Minutes- March 22, 2021 Page 3 of 14 Councilmember Terry Freese seconded the motion. All voted in favor. The fifth item on the agenda was to review and consider a request from Chief of Police Terry Lynch regarding the 3rd Annual Cops ` n Rodders Car Show for the following: 1. Waive all fees associated with renting the Wharton Civic Center. 2. Allow participants and spectators to utilize restroom facilities in the Civic Center. 3. Allow the potential use of food trucks. 4. Allow the consumption of alcoholic beverages on the outdoor premises of the Civic Center. 3. Allow the Police Department to close the roadway of University Street from Fulton Street to the entrance of the Department of Human Services Driveway, prior to and throughout the duration of the event. ( 8: 00 a. m. —4: 00 p. m.) 6. Use of the blue trash cans and liners from the Parks Department. 7. Have the'-street sweeper sweep the parking area of the Civic Center on April 16, 2021. City Manager Andres Garza, Jr. presented a copy of a memorandum from Chief Lynch to him regarding the 3rd Annual Cops` n Rodders Car Show on April 17, 2021 at the Wharton Civic Center. After some discussion, Councilmember Russell Machann moved to approve a request from Chief of Police Terry Lynch regarding the 3rd Annual Cops ` n Rodders Car Show for the following: 1. Waive all fees associated with renting the Wharton Civic Center. 2. Allow participants and spectators to utilize restroom facilities in the Civic Center. 3. Allow the potential use of food trucks. 5. Allow the Police Department to close the roadway of University Street from Fulton Street to the entrance of the Department of Human Services Driveway, prior to and throughout the duration of the event. ( 8: 00 a.m. —4: 00 p.m.) 6. Use of the blue-trash cans and liners from the Parks Department. 7. Have the street sweeper sweep the parking area of the Civic Center on April 16, 2021. Couincillnember Terry Ffedse 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 awarding a contract for two air conditioning units in the 911 Communications Room at the Police pepartment and authorizing the City Manager of the City of Wharton to execute all documents related to said contract. City Manager Andres Garza, Jr. presented a copy of a memorandum to him from Chief Terry Lynch regarding the ac repairs at the Wharton Police Department. City Manager Garza stated that three quotes were received from Roberson AC/ Refrigeration, Eldridge AC/Heating and' Hunton' Services. After some discussion, Councilmember Terry Freese moved to approve City of Wharton Resolution No. 2021- 35, which read as follows: CITY OF WHARTON RESOLUTION NO. 2021- 35 A RESOLUTION OF THE WHARTON CITY COUNCIL AWARDING A CONTRACT FOR TWO AIR CONDITIONING UNITS IN THE 911 COMMUNICATIONS ROOM AT THE i City of Wharton City Council Regular Meeting Minutes- March 22, 2021 Page 4 of 14 POLICE DEPARTMENT AND AUTHORIZING THE CITY MANAGER OF THE CITY OF WHARTON TO EXECUTE ALL DOCUMENTS RELATED TO SAID CONTRACT. WHEREAS, The Wharton City Council wishes to enter into a contract for two air conditioning units in the 911 Communications room at the police department with Roberson AC/Refrigeration; and, WHEREAS, The City of Wharton and Roberson AC/Refrigeration wishes to be bound by the conditions as set forth in the agreement; and, WHEREAS, The Wharton City Council wishes to authorize the City Manager ofthe City of Wharton to execute said contract. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WHARTON, TEXAS as follows: Section I, The Wharton City Council hereby authorizes the City Manager ofthe City of Wharton to execute an agreement with Roberson AC/Refrigeration for two air conditioning unites in the 911 Communications room at the police department. Section II. The City of Wharton and Roberson AC/Refrigeration are hereby bound by the conditions as set forth in the contract. Section III. That this resolution shall become effective immediately upon its passage. Passed, Approved, and Adopted this 22nd day of March 2021. CITY OF WHARTON, TEXAS By: TIM BARKER Mayor ATT" T: PAULA-FAVORS City Secretary : < Councilmember Clifford Jackson 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 approvil}g an extension of the Declaration of Disaster signed on March 16, 2020 in accordance with Teas Clovcrnment Code § 418. 108( a). City Manager Andres Garza, Jr. stated that on March 16, 20,20, Mayor Tim Barker signed an Emergency Declaration for Public Health Emergency in response to the Cpvid- 19 outbreak which was declared a global pandemic by the World Health Organization. City of Wharton City Council Regular Meeting Minutes- March 22, 2021 Page 5 of 14 City Manager Garza said this allowed the Mayor to perform extraordinary actions, if necessary, to protect the public and pursuant to Texas Government Code 418. 108 ( b) the declaration would need to be continued or renewed by the City Council within 7 days of issuance. Emergency Management Coordinator Steve Johnson stated the declaration was passed on March 23, 2020 and was continued until May 31, 2020, July 31, 2020, September 30, 2020, January 15, 2021 and March 31, 2021. Mr. Johnson said the disaster continued and many of our citizens, businesses and government continued to be affected. He said in order to continue with the response to this pandemic it was the City Staffs recommendation that the declaration be extended to September 1, 2021 unless rescinded earlier. After some discussion, Councilmember Clifford Jackson moved to approve City of Wharton Resolution No. 2021- 36, which read as follows: CITY OF WHARTON RESOLUTION NO. 2021- 36 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 1p 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`Einergency in response to the Covid- 19 outbreak which was declared a global Pandemic by the World Health Organization; and, WHEREAS, Pursuanf,to Texas Government Code 418. 108 ( b) this declaration would need to be continued or renewed by City Council; and, WHEREAS, This.was passed on March 23, 2020 and was continued until May 31, 2020, July 31, 2120,`September 30, 2020, January 15, 2021 and March 31, 2021; and, WHEREAS, To continue with the response to this pandemic the declaration will be extended until September 1, 2021 or rescinded earlier. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WHARTON, TEXAS as follows: Section 1. That a local state of disaster has been declared for the City of Wharton pursuant to Code 4418. 1 68( 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. City of Wharton City Council Regular Meeting Minutes- March 22, 2021 Page 6 of 14 Section II1, 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 ofthe 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 March 2021. CITY OF WHARTON, TEXAS By: TIM BARKER Mayor ATTEST; PAULA FAVORS City SeCretay lo Council}nember Terry Freese seconded the motion. All voted in favor. The eighth jtem on the agenda was to review and consider a resolution of the Wharton City Council authorizing and ratifying the purchase of a pump from Precision Pump, two pumps from Gracey' s Euvironlnental,' a dynablend polymer and a Polyblend Polymer Series PB- 200- IAA from Fnyironmental I!.nprovements, Inc. and authorizing the City Manager of the City of Wharton to execute all documents related to said ratification. City Manager Andres Garza, Jr. presented a copy of the memorandum Ms. Amy Horelica, Interim Public Works Director, provided to Finance S Director Joan Andel regarding the following items which were purchased due to the winter storm in February 2021. City Manager Garza stated that these items were purchased as an emergency and would be submitted to FEMA, if any funds were available. Ms. Horelica stated that the following where purchased: Waste Water Treatment Plant# 1: l. Cracked pump purchased from Precision Pump - $ 5, 650. 00 installation would be additional and invoice had not yet been received. i City of Wharton City Council Regular Meeting Minutes- March 22, 2021 Page 7 of 14 2. Cracked polymer on belt press purchased from Environmental Improvements- 13, 901. 34. Waste Water Treatment Plant# 2: I. Two cracked pumps for belt press purchased from Gracey' s Environmental - 12, 900. 00. 2. Cracked polymer on belt press purchased from Environmental Improvements - 8,475. 00. After some discussion,. Councilmember Russell Machann moved to approve City of Wharton Resolution No. 2021- 37, which read as follows: CITY OF WHARTON RESOLUTION NO. 2021- 37 A RESOLUTION OF THE WHARTON CITY COUNCIL AUTHORIZING AND RATIFYING THE PURCHASE OF A PUMP FROM PRECISION PUMP, TWO PUMPS FROM GRACEY' S ENVIRONMENTAL, A DYNABLEND POLYMER AND A POLYBLEND POLYMER SERIES PD 200- 1AA FROM ENVIRONMENTAL IMPROVEMENTS INC. AUTHORIZING THE CITY MANAGER OF THE CITY OF WHARTON TO EXECUTE ALL DOCUMENTS RELATED TO SAID RATIFICATION. WHEREAS, The City of Wharton received damage from the Winter Storm in February 2021 at the Waste Water Treatment Plant# 1 and Waste Water Treatment Plant# 2; and, WHEREAS, The City of Wharton had to make emergency repairs to both treatment plants; and, WMREAS, The Wharton City Council ratifies the purchase of a pump and dynablend polymer for Waste Water Treatment Plant # 1 and two pumps and a polyblend polymer for Waste Water Treatment Plant # 2 and wishes to authorize the City Manager of the City of Wharton to execute all documents. NOW, THFREFOK $ E IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WHARTON, TEXAS as-follows: Section I. . The Wharton City Council hereby authorizes the City Manager ofthe City of Wharton td execute all documents related to the purchase of the emergency repairs needed at the Waste Water Treatment Plant# 1 and Waste Water Treatment Plant# 2. Secition 1I. That this resolution shall become effective immediately upon its passage. Passed, Approved, and Adopted this 22nd day of March 2021. CITY OF WHARTON, TEXAS By: City of Wharton City Council Regular Meeting Minutes- March 22, 2021 Page& of 14 TIM BARKER Mayor ATTEST; PAULA FAVORS City Secretary Councilmember Terry Freese seconded the motion. All voted in favor. The ninth item on the agenda was to review and consider a resolution by the City of Wharton, Texas, City") regarding the application of CenterPoint Energy Resources Corp., Texas Coast Division, to increase rates under the Gas Reliability Infrastructure Program; suspending the effective date of this rate application dor forty-five days; authorizing the City to continue to participate in a coalition of cities know as then" Texas Coast Utilities Coalition" of cities; determining that the meeting at which the resolution was adopted complied with the Texas Open Meetings Act; making such other findings and provisions related to the subject; and declaring an effective date. City Manager Andres Garza, Jr. stated the City was a member of the Texas Coast Utilities Coalition (" TCUC") of cities. City Manager Garza said TCUC was organized by a number of municipalities served by CenterPoint Energy Resources Corp., Texas Coast Division(" CenterPoint") and had been represented by the law firm of Herrera Law & Associates, PLLC ( through Mr. Alfred R. Herrera) to assist in reviewing applications to change rates submitted by CenterPoint. He said that under section 104. 301 ofthe Gas Utility regulatory Act(" DURA"), a gas utility was allowed to request increases in its rates to recover a return on investmepts it makes between rate cases and this section of GURA was commonly referred to as the " GRIP" statute, that was, the " Gas Reliability Infrastructure Program." City Manager Garza said that on or about March 4, 2021 CenterPoint Energy Resources Corp., Texas Coast Division (" CenterPoint") filed for an increase in gas utility rates under the Gas Reliability Infrastructure Program`(` GRIP") and CenterPoint' s application if approved by the Commission would result in an increase in the monthly customer charges. After some discussion, Councilmember Terry Freese moved to approve City of Wharton Resolution No. 2021- 38, which read as follows: CITY OF WHARTON RESOLUTION NO. 2021- 38 A RESOLUTION 13V THE CITY OF WHARTON, TEXAS, (" CITY") REGARDING THE APPLICATION OF CENTERPOINT ENERGY RESOURCES CORP., TEXAS COAST DIVISION, TO; INCREASE RATES UNDER THE GAS RELIABILITY INFRASTRUCTURE' PROGRAM; SUSPENDING THE EFFECTIVE DATE OF THIS ATE.-.APPLICATION` FOR FORTY- FIVE DAYS; AUTHORIZING THE CITY TO CONTINUE TO PAR'T`ICIPATE IN A COALITION OF CITIES KNOWN AS THE " TEXAS COAST UTILITIES COALITION" OF CITIES; DETERMINING THAT THE MEETING AT WINCH THE RESOLUTION WAS ADOPTED COMPLIED WITH THE TEXAS OPEN fTINGS ACT; MAKING SUCH OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; ANI? DECLARING AN EFFECTIVE DATE. City of Wharton City Council Regular Meeting Minutes- March 22, 2021 Page 9 of 14 WHEREAS, on or about March 4, 2021 CenterPoint Energy Resources Corp., Texas Coast Division CenterPoint") filed for an increase in gas utility rates under the Gas Reliability Infrastructure Program (` GRIP"), and proposed increases in the monthly customer charges for all retail customer classes as shown below: Proposed Current 2021 Interim Rate Customer Rate Adjusted Schedule Charge Adjustment Charge Increase Per Bill R- 2096- 1- GRIP 2021; 17. 77 0. 88 18. 65 0. 88 R- 2096- U- GRIP 2021 per customer per customer per customer per customer Residential per month per month per month per month GSS- 2096- 1- GRIP 2021; GSS- 2096- U- GRIP 2021 21. 48 1. 36 22. 84 1. 36 General Service per customer per customer per customer per customer Small per month per month per month per month GSLV- 627- 1- GRIP 2021;,:. GSLV- 627=U-GRIP 2021 262. 84 33. 15 295. 99 33. 15 General Service per customer per customer per customer per customer Large Volume I per month per month per month per month and. WHEREAS, the City has a special responsibility to exercise due diligence with regard to rate increases of monopoly utilities who operate within its boundaries; and WHEREAS, the Application to increase rates by CenterPoint is complex; and WHEREAS, it is necessary to suspend the effective date for the increase in rates for forty- five days, so that the City can assure itself that the data and calculations in CenterPoint' s rate application are correctly done; and WHEREAS, the effective date proposed by CenterPoint is May 3, 2021, but a suspension by the City will mean that the rate increase cannot go into effect prior to June 17, 2021. NOW THEREI'ORE,` BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ART6N TEXAS THAT: Section 1. That the statements and findings set out in the preamble to this resolution are hereby in all things approved and adopted. Section 2. The City suspends the requested effective date by CenterPoint for forty-five days pursuant to the authority granted the City under Section 104.301 ofthe Texas Utilities Code to allow the City to review the data and calculations that provide the basis for CenterPoint' s proposed increase in rates. City of Wharton City Council Regular Meeting Minutes- March 22, 2021 Page 10 of 14 Section 3. The City shall continue to act jointly with other cities that are part of a coalition of cities known as the Texas Coast Utilities Coalition(" TCUC") of cities. Section 4. The City authorizes the law firm of Herrera Law & Associates, PLLC, to act on its behalf in connection with CenterPoint' s application to increase rates. Section 5. To the extent allowed by law, CenterPoint is ordered to pay the City's reasonable rate case expenses incurred in response to CenterPoint' s rate increase application within 30 days of receipt of invoices for such expenses to the extent allowed by law. Section 6. The meeting at which this resolution was approved was in all things conducted in compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 531. Section 7, This resolution shall be effective immediately upon passage. PASSED AND APPROVED this 22nd day of March 2021. TIM BARKER MAYOR ATTEST: PAULA FAVORS CITY SECRETARY Councilinember Clifford Jackson seconded the motion. All voted in favor. The tenth item on the agenda was to review and consider the update of City of Wharton Grant Programs. City 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 eleventh item on',t.he g agenda was to review and consider the P update of City of Wharton on-going g Projects. City Manager Andres Garza, Jr. presented a copy of his memorandum dated March 17, 2021 to the City Council providing an update on the City of Wharton current projects as of February 28, 2021, which Tead as follows: 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 City of Wharton City Council Regular Meeting Minutes- March 22, 2021 Page 11 of 14 1/ on line at http:, www. citvof vharton. com, infon.nation- a- noticesi"lerb- feasibility- sttjd . The Project Participation Agreement ( PPA) has been executed. The City has begun the process to acquire the property necessary to eQnstruct 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 began the process of snaking offers to property owners. DRAINAGE: 1. 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 funded with the Texas Water Development Board( TWDB) Program for partial assistance. 2. Ahldag Ditch Improvement. The project was approved by the City Council. Public Works Director is currently working out the details. The ditch improvements were proposed under the Texas General Land Office GLO) Infrastructure Grant Program. The City is awaiting the approval ofthe grant request. 3. On- going Drainage and Maintenance Program. The Public Works Department has continued working on cleaning residential draining ditches that have experienced poor drainage. 4. Pecan Agres ( 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. WATEft/ Sf:'WER IMPROVEMENTS: I. Ori'=going'Water aqd Sewer Maintenance Program. WatFF leaks and sewer failures are still being seen in the month of February. 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 USDA 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. 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 City of Wharton City Council Regular Meeting Minutes- March 22, 2021 Page 12 of 14 forward. The City Staff is working on funding for the project under the State Infrastructure Bank( SIB) Program. 1. I-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. 3, Nanta 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 begup the 2020 Street Improvement Project. The City of Wharton Public Works Department has prepared approximately 75% of the streets for the Street Program. The seal coating is expected to be completed by May 2021. After some discussion, no action was taken. The twelfth item on the agenda was to review and consider appointments and resignations to the City of Wharton' Boards, Commissions and Committees: A. Beautification Commission. ti. Building Standards Commission. C. Planning Commission. A. Plumbing and Mechanical Board. E. liousing'Finance Corporation. After some`discussion, Councilmember Clifford Jackson moved to approve the following: A. Beautification Commission. Term Ending: Resignation: I acy Border Appointments: Debbie Newlin June 30, 2022 Tammie Janik June 30, 2022 C. Planning Commission. Appointment: Burnell Neal June 30, 2021 Councilmember Pon Mueller seconded the motion. All voted in favor. The thirteenth item on the agenda was to review and consider City Council Boards, Commissions and Committee Reports: A. Wharton Economic Development Corporation meeting held February 22, 2021. After some. discussion, no_action was taken. City of Wharton City Council Regular Meeting Minutes- March 22, 2021 Page 13 of 14 The fourteenth item on the agenda was to review and consider the 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, Fire Marshal. Legal Department. J, Municipal Court. K. Police Department. L. Public Works Department. M. Water/ Sewer Department. N. Weedy Lots/ Sign Ordinance. Q. Wharton Regional Airport. After some discussion, no action was taken. Executive Session. City Council may adjpurn into an Executive Session in accordance with Section 551. 074 ofthe 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. Mayor Tinr Barker moved the meeting into Closed Session at 7: 30 p. m. Return to Qpen SOglgb. Action on items discussed in Executive Session: A. Appointment,`empioyment, evaluation, reassignment, duties, discipline, or dismissal of a public officer qr erpployee: 1. New City Manager Mayor Tim Barker returned the meeting to Open Session at 8: 02 p. m. Mayor Barker stated that information only was received. Adjournment. There being no further discussion, Councilmember Don Mueller moved to adjourn. Councilmember Clifford Jackson' seconded.the motion. All voted in favor. Nomom City of Wharton City Council Regular Meeting Minutes- March 22, 2021 Page 14 of 14 The meeting adjourned at 8: 02 p.m. CITY OF WHARTON, TEXAS By: TIM BARKER Mayor FEST, A FAVORS Secretary` ' T 9 ,.

Agenda

CITY OF WHARTON CITY COUNCIL REGULAR MEETING Monday, March 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, March 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 March 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 March 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, March 22, 2021 at 7:00 p.m. at City Hall, 120 E. Caney St., Wharton, Texas 77488. Join the meeting: https://zoom.us/j/98798290452?pwd=TmZ5UE12QTBWbDBWbGlybWVLQmJmQT09 To dial in by phone: +1 346 248 7799 US (Houston) 877 853 5257 US Toll-free Meeting ID: 987 9829 0452 Password: 209564 If you wish to provide comments during the Public Comments portion of the meeting, submit an email before 3:00 p.m. Monday, March 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 March 2021. CITY OF WHARTON By: Paula Favors City Secretary AGENDA CITY OF WHARTON City Council Regular Meeting Monday, March 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, March 22, 2021 at 7:00 p.m. at City Hall, 120 E. Caney St., Wharton, Texas 77488. Join the meeting: https://zoom.us/j/98798290452?pwd=TmZ5UE12QTBWbDBWbGlybWVLQmJmQT09 To dial in by phone: +1 346 248 7799 US (Houston) 877 853 5257 US Toll-free Meeting ID: 987 9829 0452 Password: 209564 If you wish to provide comments during the Public Comments portion of the meeting, submit an email before 3:00 p.m. Monday, March 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 February 2021. 2. Request from Mr. Haywood Ross to address the Council regarding Black Street. 3. Request by Mr. Michael Roberson on behalf of Roberson Properties Inc., 200 E. Milam St. & 105 S. Rusk St., Wharton, Block 6, Lots 1, 2A & 2 for: A. Variance to build across property lines. B. Zero setback variance to the building line setback on the side adjoining Block 6, Lots 3 & 4. C. Variance to match existing adjacent building elevation. 4. Request by R.M. Quality Construction on behalf of Virginia Paniagua, 602 Moutray Ave., River Road, Block 6, Lot 12 for: A. 10’ Side Building Line Setback on the right property line adjoining David St. B. 2’ Side Building Line Setback on the left property line. 5. Request from Chief of Police Terry Lynch regarding the 3rd Annual Cops ‘n Rodders Car Show for the following: 1. Waive all fees associated with renting the Wharton Civic Center. 2. Allow participants and spectators to utilize restroom facilities in the Civic Center. 3. Allow the potential use of food trucks. 4. Allow the consumption of alcoholic beverages on the outdoor premises of the Civic Center. 5. Allow the Police Department to close the roadway of University Street from Fulton Street to the entrance of the Department of Human Services Driveway, prior to and throughout the duration of the event. (8:00 a.m. – 4:00 p.m.) 6. Use of the blue trash cans and liners from the Parks Department. 7. Have the street sweeper sweep the parking area of the Civic Center on April 16, 2021. 6. Resolution: A resolution of the Wharton City Council awarding a contract for two air conditioning units in the 911 Communications Room at the Police Department and authorizing the City Manager of the City of Wharton to execute all documents related to said contract. 7. Resolution: 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.l08(a). 8. Resolution: A resolution of the Wharton City Council authorizing and ratifying the purchase of a pump from Precision Pump, two pumps from Gracey’s Environmental, a dynablend polymer and a Polyblend Polymer Series PB-200-1AA from Environmental Improvements, Inc. and authorizing the City Manager of the City of Wharton to execute all documents related to said ratification. 9. Resolution: A resolution by the City of Wharton, Texas, (“City”) regarding the application of CenterPoint Energy Resources Corp., Texas Coast Division, to increase rates under the Gas Reliability Infrastructure Program; suspending the effective date of this rate application for forty-five days; authorizing the City to continue to participate in a coalition of cities know as the “Texas Coast Utilities Coalition” of cities; determining that the meeting at which the resolution was adopted complied with the Texas Open Meetings Act; making such other findings and provisions related to the subject; and declaring an effective date. 10. Update of City of Wharton Grant Programs. 11. Update of City of Wharton on-going Projects. 12. Appointments and Resignations to the City of Wharton Boards, Commissions and Committees: A. Beautification Commission. B. Building Standards Commission. C. Planning Commission. D. Plumbing and Mechanical Board. E. Housing Finance Corporation. 13. City Council Boards, Commissions and Committee Reports: A. Wharton Economic Development Corporation meeting held February 22, 2021. 14. 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. Executive Session: 15. 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. Return to Open Session: 16. 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. Adjournment.

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