City Council Regular Meeting

MINUTES OF CITY OF WHARTON CITY COUNCIL MEETING SEPTEMBER 27, 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; Alice Heard-Roberts; Clifford Jackson; Russell Machann; Don Mueller; and Steve Schneider. Councilmember absent was: None. Staff members present were: City Manager, Joseph R. Pace; City Attorney, Paul Webb; Finance Director, Joan Andel; City Secretary, Paula Favors, TRMC, CPM, MMC; Assistant to the City Manager, Brandi Jimenez; Community Development Director, Gwyn Teves; and Police Chief, Terry David Lynch. Visitors present were: Haywood Ross; Brad Cutright, with Cutright Prihoda Architects; Gary Wilson; Donn Wilson; Sheriff, Shannon Srubar; Wharton Chamber of Commerce Director, Ron Sanders, and Albert Villegas, with the Wharton Journal Spectator. Roll Call and Excused Absences. All members were present. Wharton Moment. Mayor, Tim Barker called for Wharton Moments. No comments were made. Public Comments. Mayor, Tim Barker called for Public Comments. No comments were made. Public Hearing 1. Public Hearing: A public hearing on the proposed tax rate for the 2021 tax year. Mayor, Tim Barker, opened the Public Hearing for the proposed tax rate for the 2021 tax year at 7: 06 p. m. City of Wharton City Council Regular Meeting Minutes- September 27, 2021 Page 2 of 23 No comments were given. There being no further discussion, Mayor, Tim Barker, closed the Public Hearing at 7: 06 p.m. Review and Consider: The first item on the agenda was to review and consider an ordinance adopting the Fiscal Year 2021- 2022 Annual Budget for the City of Wharton, Texas; appropriating the sums established therein; and directing the City Secretary to file copies as required by law. City Manager, Joseph R. Pace, stated that during the regular City Council meeting held on August 23, 2021 he presented under separate cover a copy of the proposed budget for the City of Wharton, Texas, Fiscal Year October 1, 2021 to September 30, 2022. Finance Director, Joan Andel, stated that during the regular City Council meeting held September 13, 2021, the City Council held a public hearing to receive public input regarding the City of Wharton Annual Budget for Fiscal Year 2021- 2022 After some discussion, Councilmember, Russell Machann, moved to approve City of Wharton Ordinance No. 2021- 17, which read as follows: CITY OF WHARTON, TEXAS ORDINANCE NO. 2021- 17 AN ORDINANCE ADOPTING THE FISCAL YEAR 2021- 2022 ANNUAL BUDGET FOR THE CITY OF WHARTON, TEXAS; APPROPRIATING THE SUMS ESTABLISHED THEREIN; AND DIRECTING THE CITY SECRETARY TO FILE COPIES AS REQUIRED BY LAW. WHEREAS, the City' s budget for the fiscal year ending September 30, 2022, which is attached hereto, was duly submitted to the City Council more than thirty (30) days prior to September 30, 2021; and, WHEREAS, a public hearing was duly called and held on said budget not less than seven days nor more than fourteen days after date of publication giving notice of such meeting and prior to the time the City Council of the City of Wharton levied taxes for such current fiscal year; and, WHEREAS, all parties desiring to participate and be heard at said public hearing having been heard until no more evidence was offered, and such hearing having been concluded, and the City Council of said City having made such changes in such budget as in its judgment the law warrants and the best interest ofthe taxpayers of the City of Wharton, Texas, demand, said budget with such changes being attached hereto, as aforesaid. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHARTON, TEXAS: Section 1. THAT the findings set out in the preamble of this ordinance are true and correct. Section 2. THAT the budget of the City of Wharton, Texas for the fiscal year ending September 30, 2022, be and the same is hereby, in all respects, finally approved City of Wharton City Council Regular Meeting Minutes- September 27, 2021 Page 3 of 23 and adopted including any changes approved by the City Council; and the same shall be and is hereby filed with the City Secretary of the City. Section 3. THAT the General Fund is hereby established to account for resources associated with traditional government activities, which are not required legally or by sound financial management to be accounted for in another fund. The General Fund is hereby approved with $ 5, 875, 932 estimated revenues and $ 6, 868, 861 in appropriations and with transfers- in approved at $ 992, 929. The amounts are specified for departmental purposes named in said budget and they are hereby appropriated to and for such purposes at the departmental level. Section 4. THAT, the PEG ( Public, Educational, Government television access) fund is created to account for all funds received from the 1% franchise fee provided through the local cable provider. The PEG Fund is hereby approved with $3, 500 in estimated revenues and$ 3, 500 in appropriations. Section 5. THAT the Hotel Motel Fund is created to account for the occupancy tax levied on hotel rooms within the City as adopted by city ordinance and consistently with Chapter 351 of the Texas Tax Code. The Hotel Motel Fund is hereby approved with $ 270, 100 in estimated revenues which includes $ 0 from fund balance and 56, 750 in appropriations which includes transfers- out approved at $ 213, 350 with beginning fund balance of approximately $ 74,418. Section 6. THAT the Narcotics Seizure Fund is created to account for the resources and uses of assets seized in illegal narcotics activities. The uses are limited to law enforcement activities. The Narcotics Seizure Fund is hereby approved with 6, 700 estimated revenues, $ 6, 700 appropriations with beginning fund balance of approximately $ 44,498. Section 7. THAT the Debt Service Fund is hereby created to account for the accumulation of resources collected for Interest and Sinking requirements and for the disbursement of those resources for debt requirements. The Debt Service Fund is hereby approved with$ 1, 832, 623 in estimated revenues and$ 1, 800,622 in appropriations. The estimated beginning fund balance is $646, 578. Section 8. THAT the Capital Improvement Fund is created to account for infrastructure improvements authorized by the City Council. The Capital Improvement Fund is approved with$100, 000 in estimated revenues and expenses. Section 9. THAT the Water and Sewer Fund is created to account for the resources and uses associated with the delivery of utility services to citizens of Wharton as an enterprisefund. The Water& Sewer Fund is hereby approved with $5, 469,500 in estimated revenues. Water and sewer is approved with $ 5, 469, 500 in appropriations, which includes a franchise fee of 8% of water and sewer sales are approximately $ 5, 461, 000, and transfers- out approved at $ 994, 517. City of Wharton City Council Regular Meeting Minutes- September 27, 2021 Page 4 of 23 Section 11. THAT the Solid Waste Fund is created to account for the financial activities ofthe City' s solid waste collection contract and delivery to citizens of Wharton as an enterprise fund. The Solid Waste Fund is approved with $ 1, 627, 096 in estimated revenues and 1, 627, 096 in appropriations which includes a franchise fee of 6% of solid waste revenues or approximately $ 86, 007. Section 12. THAT the Emergency Medical Services Fund is created to account for the financial activities of the emergency medical services provided to the city and surrounding areas as an enterprise fund. The Emergency Medical Services Fund is approved with $2, 575, 013 in estimated revenues and $ 2, 575, 013 in appropriations and includes transfers- out at $ 98, 412. Section 13. THAT the Civic Center Fund is created to account for the financial activities ofthe Civic Center as an enterprise fund. The Civic Center is approved with 324, 776 in estimated revenues and $ 324, 776 in appropriations. Transfers- in are approved at $ 211, 350. Section 14. THAT the Airport Fund is created to account for the financial activities of the Wharton Regional Airport as an enterprise fund. The Airport Fund is approved with $324, 630 in estimated revenues and $ 324, 630 in appropriations. Section 15. THAT the City Secretary shall file copies of this Ordinance and of such budget with the County Clerk of Wharton County, Texas. PASSED AND APPROVED by a favorable majority of the members of the City Council of the City of Wharton, Texas, in council meeting, this 27th day of September 2021 duly assembled in accordance with Article VI of the Charter of the City of Wharton, Texas, by the following vote: Tim Barker, Mayor Yes Clifford Jackson, Councilmember District 1 Yes Steven Schneider, Councilmember District 2 Yes Terry Freese, Councilmember District 3 Yes Donald Mueller, Councilmember District 4 Yes Russell Machann, Councilmember at Large Place 5 Yes Alice Heard - Roberts, Councilmember at Large Place 6 Yes Separability City of Wharton City Council Regular Meeting Minutes- September 27, 2021 Page 5 of 23 If any court of competent jurisdiction rules that any section, subsection, sentence, clause, phrase, or portion of this ordinance invalid or unconstitutional any such portion shall be deemed to be a separate, distinct, and independent provision, and any such ruling shall not affect the validity of the remaining portions hereof. CITY OF WHARTON By: Tim Barker, Mayor ATTEST: APPROVED FOR ADMINISTRATION: Paula Favors, City Secretary Joseph R. Pace, City Manager APPROVED AS TO FORM: APPROVED FOR FUNDING: Paul Webb, City Attorney Joan Andel, Finance Director Councilmember, Terry Freese, seconded the motion. All voted in favor. The second item on the agenda was to review and consider an ordinance levying a tax rate for the City of Wharton, Texas, for the Tax Year 2021; directing the Tax Assessor-Collector to assess, account for and distribute the taxes as herein levied; and providing repealing and severability clauses. City Manager, Joseph R. Pace, presented a copy of the draft ordinance levying a tax rate for the City of Wharton, Texas, for the Tax Year 2021; directing the Tax Assessor- Collector to assess, account for and distribute the taxes as herein levied; and providing repealing and severability clauses. Finance Director, Joan Andel, stated that the City Council would need a motion to ratify the property tax increase reflected in the budget. After some discussion, Councilmember, Terry Freese, moved that the property tax rate be increased by the adoption of a tax rate of $0. 41917, a . 87% which was effectively increase in the tax rate. Councilmember, Clifford Jackson, seconded the motion. Mayor, Tim Barker; Councilmembers, Clifford Jackson; Steve Schneider; Terry Freese; Don Mueller; Russell Machann; and Alice Heard-Roberts, voted in favor. The motion carried. Councilmember Terry Freese moved to approve City of Wharton Ordinance No. 2021- 18, which read as follows: CITY OF WHARTON, TEXAS ORDINANCE NO. 2021- 18 City of Wharton City Council Regular Meeting Minutes- September 27, 2021 Page 6 of 23 AN ORDINANCE LEVYING A TAX RATE FOR THE CITY OF WHARTON, TEXAS, FOR THE TAX YEAR 2021; DIRECTING THE TAX ASSESSOR-COLLECTOR TO ASSESS, ACCOUNT FOR AND DISTRIBUTE THE TAXES AS HEREIN LEVIED; AND PROVIDING REPEALING AND SEVERABILITY CLAUSES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHARTON, TEXAS: Section 1. THAT there be and is hereby levied for the year 2021 on all real and personal property within and all real and personal property and mineral royalties owned within the city limits of the City of Wharton, Texas for the year 2021, except so much thereof as may be exempt by the constitution and of the State of Texas and of the United States, the following: Maintenance and Operations 099720/$ 100 valuation For Debt Service Requirements 31945/$ 100 valuation Total Tax Rate 41917/$ 100 valuation THIS TAX RATE WILL RAISE MORE TAXES FOR MAINTENANCE AND OPERATIONS THAN LAST YEAR' S TAX RATE and THE TAX RATE WILL EFFECTIVELY BE RAISED BY 0. 348 PERCENT AND WILL RAISE TAXES FOR MAINTENANCE AND OPERATIONS ON A $ 100, 000 HOME BY APPROXIMATELY 3. 48. Section2. THAT the Tax Assessor- Collector and/ or Finance Director is hereby directed to assess, extend and enter upon the certified tax rolls of the City of Wharton, Texas, for the current taxable year, as provided by the Wharton County Appraisal District, the amounts and rates as herein levied, to keep correct amount of same, and when collected, to be distributed in accordance with this ordinance. Passage and Approval PASSED AND APPROVED by a favorable majority of the members of the City Council of the City of Wharton, Texas, in a council meeting, this 27th day of September, 2021, duly assembled in accordance with Article VI of the Charter of the City of Wharton, Texas, by the following vote: Tim Barker, Mayor Yes City of Wharton City Council Regular Meeting Minutes- September 27, 2021 Page 7 of 23 Clifford Jackson., Councilmember District 1 Yes Steven Schneider., Councilmember District 2 Yes T Terry Freese, Councilmember District 3 Yes Donald Mueller, Councilmember District 4 Yes Russell Machann., Councilmember at Large Place 5 Yes Alice Heard- Roberts, Councilmember at Large Place 6 Yes Separability If any court of competent jurisdiction rules that any section, subsection, sentence, clause, phrase, or portion of this ordinance invalid or unconstitutional any such portion shall be deemed to be a separate, distinct, and independent provision, and any such ruling shall not affect the validity of the remaining portions hereof. CITY OF WHARTON By: Tim Barker, Mayor ATTEST: APPROVED FOR ADMINISTRATION: Paula Favors, City Secretary Joseph R. Pace, City Manager APPROVED AS TO FORM: APPROVED FOR FUNDING: Paul Webb, City Attorney Joan Andel, Finance Director Councilmember, Russell Machann, seconded the motion. All voted in favor. Mayor, Tim Barker; Councilmembers, Clifford Jackson; Steve Schneider; Terry Freese; Don Mueller; Russell Machann; and Alice Heard- Roberts, voted in favor. The motion carried. City of Wharton City Council Regular Meeting Minutes- September 27, 2021 Page 8 of 23 The third item on the agenda was to review and consider reading of the minutes from the regular meetings held August 9, 2021, and August 23, 2021, and special meeting held August 10, 2021. After some discussion, Councilmember, Russell Machann, moved to approve from the regular meetings held August 9, 2021, and August 23, 2021, and special meeting held August 10, 2021. Councilmember, Steve Schneider, seconded the motion. All voted in favor. The fourth item on the agenda was to review and consider City of Wharton Financial Report for August 2021. Finance Director, Joan Andel stated that the TexPool balance for August was 31, 003. 61 monthly yield of .02%. She said the Prosperity Bank balance for with an average August 2021 was $ 23, 869, 336. 93 with an average monthly yield of. 50%. After some discussion, Councilmember, Terry Freese, moved to approve the City of Wharton Financial Report for the month of August 2021. Councilmember, Don Mueller, seconded the motion. All voted in favor. The fifth item on the agenda was to review and consider a request by the Wharton County Sherriffs Office for a 10' front building line setback variance from the required 25' setback at 315 E. Elm St., Wharton Block 17 out Lot 3, 4 Block 18 Out Lot-All except 10 for installation of a training facility, Emergency Operations Center and parking. City Manager, Joseph R. Pace, presented a copy of the request by Wharton County Sherriff's Office, for a 10' front building line setback variance from the required 25' setback at 315 E. Elm St., Wharton Block 17 out Lot 3, 4 Block 18 Out Lot-All except 10 for installation of a training facility, Emergency Operations Center, and parking. Community Development Director, Gwyn Teves, stated the Planning Commission met on September 20, 2021 and voted to recommend the City Council consider approving the item. After some discussion, Councilmember, Russell Machann, moved to approve the request by the Wharton County Sherriff' s Office for a 10' front building line setback variance from the required 25' setback at 315 E. Elm St., Wharton Block 17 out Lot 3, 4 Block 18 Out Lot- All except 10 for installation of a training facility, Emergency Operations Center, and parking. Councilmember, Terry Freese, seconded the motion. All voted in favor. The sixth item on the agenda was to review and consider a request for an extension of a Variance for Temporary Placement of a Travel Trailer for Temporary Housing at 517 Black Street. City Manager, Joseph R. Pace, stated that Mr. Haywood Mack Ross had requested and received temporary variances of Chapter 38 Manufactured Housing, Mobile Homes and Travel Trailers; Article Il-Requirements Concerning Mobile Homes, Manufactured Housing and Travel Trailers; Division 3- Recreational Vehicles for 517 Black Street. City Manager, Pace, said the last variance would expire on November 10, 2021 and the City had provided multiple variances and extensions of those variances in an effort to assist residents while alternative housing arrangements were made. Community Development Director, Gwyn Teves, stated that Mr. Ross had not made any alternative housing progress to date and the continued extensions of the variances had also prompted multiple residents to move in multiple travel trailers for residency without permission and against the City Ordinance. Mrs. Teves stated it was the City Staff' s recommendation that no further extensions would be granted for the occupation of Travel Trailers in the City of Wharton. After some discussion, Councilmember, Alice Heard- Roberts, moved to approve the request for an extension of a Variance for Temporary Placement of a Travel Trailer for Temporary Housing at 517 Black Street for three months beginning November 10, 2021, and would be required to City of Wharton City Council Regular Meeting Minutes- September 27, 2021 Page 9 of 23 show progress on obtaining alternative housing at the end of the extension. 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 authorizing the purchase of consolette equipment and installation from Mobile Communications America ( MCA), through BuyBoard Cooperation, for the Wharton Police Department and authorizing the City Manager of the City of Wharton to execute all documents related to said purchase. City Manager, Joseph R. Pace, presented a copy of a memorandum from Chief of Police, Terry D. Lynch, regarding the purchase of consolette equipment and installation for the Wharton Police Department. City Manager, Joseph R. Pace, stated the Wharton Police Department received five ( 5) radio consolettes through a grant from the Houston- Galveston Area Council( H- GAC), however, the grant did not allow for installation or additional equipment. Chief Lynch, stated he had received a quote from Mobile Communication America ( MCA), which is a member of BuyBoard Cooperation, for the purchase and it was his recommendation the City Council consider approving the purchase. After some discussion, Councilmember, Russell Machann, moved to approve City of Wharton Resolution No. 2021- 95, which read as follows: CITY OF WHARTON RESOLUTION NO. 2021- 95 A RESOLUTION OF THE WHARTON CITY COUNCIL AUTHORIZING THE PURCHASE OF CONSOLETTE EQUIPMENT AND INSTALLATION FROM MOBILE COMMUNICATIONS AMERICA (MCA), THROUGH BUYBOARD COOPERATION, FOR THE WHARTON POLICE DEPARTMENT AND AUTHORIZING THE CITY MANAGER OF THE CITY OF WHARTON TO EXECUTE ALL DOCUMENTS RELATED TO SAID PURCHASE. WHEREAS, Quotes were received for the purchase of consolette equipment and installation for the Wharton Police Department; and, WHEREAS, The Wharton City Council wishes to approve Mobile Communications America MCA) in the amount of$ 11, 739.34 for the consolette equipment and installation; and, WHEREAS, The Wharton City Council wishes to authorize the City Manager of the City of Wharton to execute all documents related to said purchase. 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 of the City of Wharton, Texas, to execute all documents related to the purchase of consolette equipment and installation for the Wharton Police Department. Section II. That this resolution shall become effective immediately upon its passage. City of Wharton City Council Regular Meeting Minutes- September 27, 2021 Page 10 of 23 Passed, Approved, and Adopted this 27th day of September 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 eighth item on the agenda was to review and consider a resolution ofthe Wharton City Council accepting the award of a grant from the Houston- Galveston Area Council ( H- GAC) for the Dispatch NICE Inform Recorder Systems at the Wharton Police Department and authorizing the Mayor ofthe City of Wharton to execute all documents related to said grant. City Manager, Joseph R. Pace, presented a copy of a memorandum from Chief of Police, Terry Lynch, regarding the Dispatch NICE Inform Recorder System at the Wharton Police Department. City Manager, Joseph R. Pace, stated the Police Department was in need of replacing the system due to the current system only recording a limited number of radio channels. Chief Lynch, stated the new unit would increase the recording capabilities from 32 channel to 54 channels and it would be N-911 compliant. Chief Lynch, said the Police Department received a quote from ATO Solutions for the replacement of the unit in the amount of$ 29,924. 00 and the Police Department had also received confirmation from H- GAC for a 60/ 40rant g to the City. He said H- GAC would fun d the whole replacement and the City would reimburse H- GAC 40% which would be in the amount of$ 11, 969. 00. After some discussion, Councilmember, Terry Freese, moved to approve City of Wharton Resolution No. 2021- 96, which read as follows: CITY OF WHARTON RESOLUTION NO. 2021- 96 A RESOLUTION OF THE WHARTON CITY COUNCIL ACCEPTING THE AWARD OF A GRANT FROM THE HOUSTON-GALVESTON AREA COUNCIL (H-GAC) FOR THE DISPATCH NICE INFORM RECORDER SYSTEMS AT THE WHARTON POLICE DEPARTMENT AND AUTHORIZING THE MAYOR OF THE CITY OF WHARTON TO EXECUTE ALL DOCUMENTS RELATED TO SAID GRANT. WHEREAS, The City of Wharton City Council wishes to accept the award of a grant from the Houston-Galveston Area Council( H- GAC) for the replacement ofthe Dispatch NICE Inform Recorder Systems at the Wharton Police Department; and, City of Wharton City Council Regular Meeting Minutes- September 27, 2021 Page I 1 of 23 WHEREAS, A quotes was received from ATO Solutions Inc., in the amount of$29,924.00 for the replacement of the unit; and, WHEREAS, H-GAC has confirmed they would provide the City of Wharton with a 60/40 grant and H-GAC would fund the project and the City of Wharton would reimburse them 40% in the amount of$ 11, 969.00; and, WHEREAS, The Wharton City Council wishes to authorize the Mayor of the City of Wharton to execute all documents relating to said grant. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WHARTON, TEXAS: SECTION I. The Wharton City Council hereby approves the award of a grant from the Houston- Galveston Area Council ( H-GAC) for the replacement of the Dispatch NICE Inform Recorder Systems at the Wharton Police Department and approves the reimbursement in the amount of$ 11, 969. 00 to the Houston- Galveston Area Council( H- GAC). SECTION II. The Wharton City Council hereby authorizes the Mayor of the City of Wharton to execute all documents related to said grant. SECTION III. That this resolution shall become effective immediately upon its passage. PASSED, APPROVED, and ADOPTED this 27' x' day of September 2021. CITY OF WHARTON, TEXAS By: TIM BARKER Mayor ATTEST: PAULA FAVORS City Secretary Councilmember, Don Mueller, seconded the motion. All voted in favor. The nineth item on the agenda was to review and consider a resolution of the Wharton City Council updating the proficiency allowance for the City of Wharton employees. City Manager, Joseph R. Pace, presented a copy of a memorandum from Chief of Police, Terry Lynch, regarding the proficiency pay changes for the Wharton Police Department. Chief Lynch stated that in an effort to remain competitive with other agencies, he proposed an increase in the proficiency pay for Police Officers and Telecommunication Operators for the 2021- 2022 Fiscal Year Budget. Chief Lynch, said the Police Officer and Telecommunication certifications mirror each other, requiring both to accumulate mandated training hours to achieve higher levels of certification. After some City of Wharton City Council Regular Meeting Minutes- September 27, 2021 Page 12 of 23 discussion, Councilmember, Terry Freese, moved to approve City of Wharton Resolution No. 2021- 97, which read as follows: CITY OF WHARTON RESOLUTION NO. 2021- 97 A RESOLUTION OF THE WHARTON CITY COUNCIL UPDATING THE PROFICIENCY ALLOWANCE FOR THE CITY OF WHARTON EMPLOYEES. WHEREAS, the Wharton City Council has determined there is a need to improve education for City of Wharton employees; and, WHEREAS, the Wharton City Council wishes to resend any previous resolution prior to this date for proficiency allowance; and, WHEREAS, the Wharton City Council wishes to update and formalize said policy in resolution form; and, WHEREAS, the Wharton City Council hereby has established proficiency allowance policy for the City of Wharton employees; and, WHEREAS, the Wharton City Council wishes to authorize proficiency allowance for the City of Wharton Employees who hold current certifications; and, WHEREAS, the Wharton City Council approves this policy in the fiscal year' s budget; and, WHEREAS, the Wharton City Council wishes to authorize the City Manager to implement the policies and procedures as set forth in this proficiency allowance resolution. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WHARTON, TEXAS as follows: Section I. That the Wharton City Council hereby approves the City of Wharton employee' s proficiency allowance policy, as follows: Public Works Department: Water License C 50. 00 per month Water License B 75. 00 per month Water License A 125. 00 per month Wastewater License C 50. 00 per month Wastewater License B 75. 00 per month Wastewater License A 125. 00 per month TDA Pesticide Applicators License 75. 00 per month Certified Applicator Technician 25. 00 per month City of Wharton City Council Regular Meeting Minutes- September 27, 2021 Page 13 of 23 Commercial Driver' s License Class A 50. 00 per month Commercial Driver' s License Class A Haz- Mat $ 75. 00 per month Certified Survey Technician Level I 75. 00 per month Certified Survey Technician Level II 125. 00 per month Underground Storage Tank Class C 25. 00 per month Underground Storage Tank Class B 50.00 per month Underground Storage Tank Class A 75. 00 per month Police Department: Police Officer Intermediate Certificate 80. 00 per month Police Officer Advanced Certificate 120. 00 per month Police Officer Master Certificate 200. 00 per month Communications: Intermediate Telecommunicator 80. 00 per month Advanced Telecommunicator 120. 00 per month Master Telecommunicator 200. 00 per month City Secretary: Texas Registered Municipal Clerk( TRMC) 125. 00 per month Master Public Information Officer( FEMA) 50. 00 per month Municipal Court: Certified Court Clerk Level 1 25. 00 per month Certified Court Clerk Level 11 50. 00 per month Certified Municipal Court Clerk 75. 00 per month Code Enforcement: Certified Flood Plain Manager 50. 00 per month Texas Code Enforcement Officer License 25. 00 per month Section. II. That the Wharton City Council hereby authorizes the City Manager to implement the policies and procedures as set forth in this policy. Section III. That this resolution shall become effective immediately upon its passage. Passed, Approved, and Adopted this the 27th day of September 2021. CITY OF WHARTON By: City of Wharton City Council Regular Meeting Minutes- September 27, 2021 Page 14 of 23 TIM BARKER Mayor ATTEST: PAULA FAVORS City Secretary Councilmember, Russell Machann, 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 authorizing the Mayor of the City of Wharton, Wharton County, Texas, to execute an agreement with the Wharton Chamber of Commerce and Agriculture for Visitor and Convention Bureau Services for the October 1, 2021 to September 30, 2022 fiscal year. City Manager, Joseph R. Pace, presented a copy of a draft agreement between the City of Wharton and the Chamber of Commerce Agriculture for Visitor and Convention Bureau Services for the October 1, 2021, to September 30, 2022 fiscal year. After some discussion, Councilmember, Russell Machann, moved to approve City of Wharton Resolution No. 2021- 98, which read as follows: CITY OF WHARTON RESOLUTION NO. 2021- 98 A RESOLUTION AUTHORIZING THE MAYOR OF THE CITY OF WHARTON, WHARTON COUNTY, TEXAS, TO EXECUTE AN AGREEMENT WITH THE CHAMBER OF COMMERCE AND AGRICULTURE FOR VISITOR AND CONVENTION BUREAU SERVICES FOR OCTOBER 1, 2021 TO SEPTEMBER 30, 2022 FISCAL YEAR WHEREAS, The Wharton City Council hereby authorizes Mayor Tim Barker to execute an agreement with the Wharton Chamber of Commerce and Agriculture for visitor and convention bureau services; and, WHEREAS, The City of Wharton and the Wharton Chamber of Commerce and Agriculture hereby agrees to be bound by the conditions as set forth in 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 authorizes Tim Barker, Mayor of the City of Wharton to execute an agreement with the Wharton Chamber of Commerce and Agriculture for Visitor and Convention Bureau Services for the October 1, 2021, to September 30, 2022 fiscal year. Section H. That this resolution shall become effective immediately upon its passage. City of Wharton City Council Regular Meeting Minutes- September 27, 2021 Page 15 of 23 Passed, Approved, and Adopted this 27th day of September 2021. 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 eleventh item on the agenda was to review and consider a resolution by the City Council of the City of Wharton authorizing Tim Barker, Mayor, the designated representative of the City of Wharton, to execute an agreement with the Texas Water Development Board for funding in the amount of$ 5, 001, 157. 00 ($ 2, 400, 157. 00 grant& $ 2, 601, 000. 00 loan). City Manager, Joseph R. Pace, stated the City of Wharton was approved for grant & loan funding under the Texas Water Development Board Flood Infrastructure Fund on July 7, 2021 and the funding was in the amount of$2,400, 157 grant and $2, 601, 000 loan. City Manager, Joseph R. Pace, presented a copy of the agreement and draft resolution that were required to continue forward with the Internal Drainage Study and Drainage Construction Projects. Development Director, Gwyn Teves, stated the agreement was also reviewed by Mr. Paul Webb, City Attorney, and he was recommending the City Council consider approving it. After some discussion, Councilmember, Terry Freese, moved to approve City of Wharton Resolution No. 2021- 99, which read as follows: CITY OF WHARTON RESOLUTION NO. 2021- 99 AUTHORIZED REPRESENTATIVE AGREEMENT EXECUTION RESOLUTION A RESOLUTION by the City Council of the City of Wharton authorizing Tim Barker, Mayor, the Designated Representative of the City of Wharton, to execute an agreement with the Texas Water Development Board for in funding the amount of 5, 001, 157.00 $ 2, 400, 157. 00 Grant& $ 2, 601, 000. 00 Loan). WHEREAS, the Texas Water Development Board made a commitment to provide financial assistance in the form of a grant& loan in the amount of$ 5, 001, 157.00 to the City City of Wharton City Council Regular Meeting Minutes- September 27, 2021 Page 16 of 23 of Wharton to finance a flood project identified as Project No. 40106 upon execution of a grant& loan agreement; therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WHARTON, TEXAS that: Section I. Approval of Agreement. The agreement setting out the terms and conditions of the financial assistance between the Texas Water Development Board and the City of Wharton is approved and the City of Wharton' s Designated Representative is authorized to execute the agreement on behalf of the City of Wharton. Section II. Effective Date. This Resolution shall become effectively immediately after its adoption. 27th PASSED, APPROVED AND ADOPTED this day of September 2021. 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 twelfth item on the agenda was to review and consider the 2016 Community Development Block Grant- Disaster Recovery ( CDBG- DR) Grant Program: A. Resolution: A resolution of the Wharton City Council rescinding the City of Wharton Resolution No. 2021- 69. B. Resolution: A resolution of the Wharton City Council awarding a contract for construction for the 2016 Community Development Block Grant- Disaster Recovery( CDBG-DR) Grant Programs administered by the Texas General Land Office ( GLO) and authorizing the Mayor of the City of Wharton to execute all documents related to said award. City Manager, Joseph R. Pace, stated the City was awarded the Community Development Block Grant- Disaster Recovery ( CDBD- DR) funds in the amount of$2 million dollars for the CDBG- DR 2016 Floods Program and there had been 2 applicants that had new homes completed and 1 City of Wharton City Council Regular Meeting Minutes- September 27, 2021 Page 17 of 23 additional applicant that had completed the process and was ready for construction. Community Development Director, Gwyn Teves, stated the bids were solicited and received on June 22, 2021. Mrs. Teves said that on July 12, 2021, the City Council awarded a contract with Arkitektura Development Inc. in Resolution 2021- 69 and Arkitektura Development Inc. had backed out of the program and would not be constructing any more houses under the GLO funding due to repeated delays in payment and issues with the program. Community Development Director Gwyn Teves. After some discussion, Councilmember, Alice Heard-Roberts, moved to approve City of Wharton Resolution No. 2021- 100 & No. 2021- 101, which read as follows: CITY OF WHARTON RESOLUTION NO. 2021- 100 A RESOLUTION OF THE WHARTON CITY COUNCIL RESCINDING THE CITY OF WHARTON RESOLUTION NO. 2021- 69. WHEREAS, The Wharton City Council wishes to rescind the City of Wharton Resolution No. 2021- 69 awarding services to Arkitektura Development, Inc., for the 2016 Community Development Block Grant — Disaster Recovery ( CDBG-DR) grant programs administered by the Texas General Land Office ( GLO) for construction of 122 Moutray Ave.; and, WHEREAS, The Wharton City Council wishes this resolution to become effective immediately upon its passage. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WHARTON, TEXAS, THAT: Section I. The Wharton City Council hereby rescinds the City of Wharton Resolution No. 2021- 69 awarding services to Arkitektura Development, Inc., for the 2016 Community Development Block Grant — Disaster Recovery ( CDBG-DR) grant programs administered by the Texas General Land Office ( GLO) for construction of 122 Moutray Ave. Section II. That this resolution shall become effective immediately upon its passage. Passed, Approved and Adopted this 27th day of September 2021. CITY OF WHARTON, TEXAS By: TIM BARKER City of Wharton City Council Regular Meeting Minutes- September 27, 2021 Page 18 of 23 Mayor ATTEST: PAULA FAVORS City Secretary CITY OF WHARTON RESOLUTION NO. 2021- 101 A RESOLUTION OF THE WHARTON CITY COUNCIL AWARDING A CONTRACT FOR CONSTRUCTION FOR THE 2016 COMMUNITY DEVELOPMENT BLOCK GRANT — DISASTER RECOVERY(CDBG-DR) GRANT PROGRAMS ADMINISTERED BY THE TEXAS GENERAL LAND OFFICE (GLO) AND AUTHORIZING THE MAYOR OF THE CITY OF WHARTON TO EXECUTE ALL DOCUMENTS RELATED TO SAID AWARD. WHEREAS, The Wharton City Council wishes to award services to James Turner Construction, for the 2016 Community Development Block Grant—Disaster Recovery( CDBG-DR) grant programs administered by the Texas General Land Office ( GLO) for construction of 122 Moutray Ave., Wharton, TX 77488; and, WHEREAS, The Wharton City Council wishes to authorize the Mayor of the City of Wharton to execute said award. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WHARTON, TEXAS as follows: Section I. The Wharton City Council hereby awards services to James Turner Construction, for the 2016 Community Development Block Grant— Disaster Recovery ( CDBG- DR) grant programs administered by the Texas General Land Office ( GLO) for construction of 122 Moutray Ave., Wharton, TX 77488. Section II. The Wharton City Council authorizes the Mayor of the City of Wharton to execute said award. Section III. That this resolution shall become effective immediately upon its passage. h Passed, Approved, and Adopted this 27` day of September 2021. CITY OF WHARTON, TEXAS By: TIM BARKER Mayor City of Wharton City Council Regular Meeting Minutes- September 27, 2021 Page 19 of 23 ATTEST: PAULA FAVORS City Secretary Councilmember, Clifford Jackson, 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 Advanced Funding Agreement ( CSJ: 0913- 09- 116) for the Wharton Safe Accessible School Routes Project with the Texas Department of Transportation' s Transportation Alternatives Set- Aside( TASA) Program Project and authorizing the Mayor of the City of Wharton to execute the agreement. City Manager, Joseph R. Pace, stated on February 8, 2019, the Texas Department of Transportation ( TxDOT) announced a statewide Call for Projects under the Transportation Alternatives Set- Aside ( TA Set- Aside) and Safe Routes to School ( SRTS). The City Council approved the submission of an application in March 2019. City Manager, Joseph R. Pace, said the application was not approved during the 2019/ 2020 funding cycle but was approved for the Transportation Alternatives Conditional Project list for 2021. Community Development Director, Gwyn Teves, stated the City staff received notification that the project had been selected for award and funding on April 30, 2021, and was required to have an Advance Funding Agreement to move forward with the grant program. Mrs. Teves said that the agreement had been reviewed by City Attorney Paul Webb and it was being recommended that the City Council consider approving it. After some discussion, Councilmember, Russell Machann, moved to to approve City of Wharton Resolution No. 2021- 102, which read as follows: CITY OF WHARTON RESOLUTION NO. 2021- 102 A RESOLUTION OF THE WHARTON CITY COUNCIL AUTHORIZING THE ADVANCED FUNDING AGREEMENT ( CSJ: 0913- 09- 116) FOR THE WHARTON SAFE ACCESSIBLE SCHOOL ROUTES PROJECT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION' S TRANSPORTATION ALTERNATIVES SET- ASIDE ( TASA) PROGRAM PROJECT AND AUTHORIZING THE MAYOR OF THE CITY OF WHARTON TO EXECUTE THE AGREEMENT. WHEREAS, On September 27, 2021, the Wharton City Council considered an Advanced Funding Agreement for the Wharton Safe& Accessible School Routes Project with the Texas Department of Transportation' s Transportation Alternatives Set- Aside TASA) Program Project; and, WHEREAS, The City of Wharton and Texas Department of Transportation wishes to be bound by the conditions as set forth in the agreement; and, WHEREAS, The Wharton City Council confirms the financial commitment including overruns; and, City of Wharton City Council Regular Meeting Minutes- September 27, 2021 Page 20 of 23 WHEREAS, The Wharton City Council wishes to authorize the Mayor of the City of Wharton to execute said agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WHARTON, TEXAS that: Section I. The Wharton City Council hereby authorizes the Mayor of the City of Wharton to execute an Advanced Funding Agreement( CSJ:0913- 09- 116) with Texas Department of Transportation and the City of Wharton for the Wharton Safe& Accessible School Routes Project with the Texas Department of Transportation' s Transportation Alternatives Set-Aside( TASA) Program Project. Section II. The City of Wharton and Texas Department ofTransportation are hereby bound by the conditions as set forth in the Advanced Funding Agreement. Section III. That this resolution shall become effective immediately upon its passage. PASSED, APPROVED AND ADOPTED this 27th day of September 2021. 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 fourteenth item on the agenda was to review and consider an update of City of Wharton Grant Programs. City Manager, Joseph R. Pace, 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 fifteenth item on the agenda was to review and consider an update of City of Wharton on- going Projects. City Manager, Joseph R. Pace, presented his memorandum dated September 21, 2021, providing an update on the City of Wharton current projects as of August 31, 2021, which read as follows: FLOOD REDUCTION (LEVEE) PROJECT City of Wharton City Council Regular Meeting Minutes- September 27, 2021 Page 21 of 23 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 ( tt .:` i_ city- ihart n_colT finf rn atio»- a- notices, lcrh- 1easibiiity- 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 of making 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 one of the construction projects to be funded with the Texas Water Development Board( TWDB) Flood Infrastructure Fund Program for partial assistance. 2. Ahldag Ditch Improvement. The project was approved by the City Council. Public Works Department is currently working out the details. The ditch improvements were proposed under the Texas General Land Office GLO) Infrastructure Grant Program. The staff is currently working with an appraiser for ROW acquisition. The project is also listed as one of the construction projects to be funded with the Texas Water Development Board ( TWDB) Flood Infrastructure Fund Program for partial assistance. 3. On- going Drainage and Maintenance Program. The Public Works Department has continued working on cleaning residential drainage ditches that have experienced poor drainage. 4. Pecan Acres ( Mahan, 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. The project is listed as one of the construction projects to be funded with the Texas Water Development Board ( TWDB) Flood Infrastructure Fund Program for partial assistance. WATER/ SEWER IMPROVEMENTS: 1. On- going Water and Sewer Maintenance Program. Water leaks and sewer failures are still being seen in the month of August. 2. Water Well and Water Plant Project— CR 222 ( Halford).  A i City of Wharton City Council Regular Meeting Minutes- September 27, 2021 Page 22 of 23 Halff and Associates the City' s engineering firm on the project has completed the construction plans. The City Council and USDA have approved the construction contracts and construction has begun with E- Contractors and Wiesinger, Inc. Monthly progress meetings are being held and the access roadway is under construction for drilling equipment. 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 has received the funding for the project under the State Infrastructure Bank SIB) Program. TxDOT and the City are completing the final plan design. The City has begun the acquisition of property needed for the project. 2. 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. 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. The seal coating is expected to be completed by August 2021. After some discussion, no action was taken. The sixteenth item on the agenda was to review and consider appointments and resignations to the City of Wharton Boards, Commissions and Committees. After some discussion, Councilmember, Russell Machann, moved to appoint Councilmember, Terry Freese, to the Central Appraisal District of Wharton County Board of Directors for the term of January 1, 2022- December 31, 2023. Councilmember, Clifford Jackson, seconded the motion. All voted in favor. The sixteenth item on the agenda was to review and consider City Council Boards, Commissions and Committee Reports: A. Public Works Committee meeting held September 13, 2021. B. Wharton Economic Development Corporation Board of Directors Selection Committee meeting held September 13, 2021. After some discussion, no action was taken. The eighteenth item on the agenda was to review and consider City Manager' s Reports: i City of Wharton City Council Regular Meeting Minutes- September 27, 2021 Page 23 of 23 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. After some discussion, no action was taken. Adjournment. There being no further discussion, Councilmember, Don Mueller, moved to adjourn. Councilmember, Steve Schneider, seconded the motion. All voted in favor. The meeting adjourned at 7: 44 p.m. CITY OF WHARTON, TEXAS 1 C By: 6/4 TIM BARKER Mayor aES P ULA tAVORS Ci Secretary