City Council Regular Meeting

MINUTES OF CITY OF WHARTON CITY COUNCIL REGULAR MEETING DECEMBER 09, 2024 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. Mr. Ryan Salazar, led the opening devotion, and Mayor, Tim Barker led the pledge of allegiance. Councilmembers present were: Mayor, Tim Barker, and Councilmembers, Terry Freese; Larry Pittman; Burnell Neal; Steve Schneider, and David Voulgaris. Councilmembers absent were: Russell Machann. Staff members present were: City Manager, Joseph R. Pace; Assistant City Attorney, Amy Rod; Finance Director, Joan Andel; City Secretary, Paula Favors, TRMC, CPM, MMC; Assistant to the City Manager, Brandi Jimenez; Public Works Director, Roderick Semien; Building Official, Claudia Velasquez; Patrol Sgt. Stephen Jimenez; Police Chief, Terry David Lynch; EMS Director, Christy Gonzales; Civic Center Manager, Makyla Monroe, and Emergency Management Coordinator, Ben Guanajuato. Visitors present were: Ryan Salazar; Clifford Jackson; Michael Limas; Ethan Kasmir; Peggy Barnes; Carlicia S. Jones; Aurora Garcia; Byron Hughey with Branch Construction Group, and Colby Primeaux with the Wharton Journal Spectator. Roll Call and Excused Absences. Councilmember, Terry Freese, moved to excuse Councilmember, Russell Machann. Councilmember, Burnell Neal, seconded the motion. All voted in favor. Public Comments. Mayor, Tim Barker, called for Public Comments. No comments were made. Wharton Moment. Mayor, Tim Baker, called for Wharton Moments. 1. City Manager, Joseph R. Pace, reminded the City Council and attendees that there would only be one City Council meeting in the month of December. 2. Mayor, Tim Barker, thanked the Wharton Police Department for hosting a great holiday party. 3. Police Chief, Terry David Lynch, stated the Police Department' s Promotional Board had promoted Anthony Rome and David White to Detective positions; Richard Means and Justin Shimek to Patrol Sergeants, and David Hunter to Patrol Lieutenant. City of Wharton City Council Regular Meeting Minutes- December 09, 2024 Page 2 of 8 Review and Consider: The first item on the agenda was to review and consider the reading of the minutes from the regular meetings held November 12, 2024, and November 25, 2024. After some discussion, Councilmember, Steven Schneider, moved to approve the reading of the minutes from the regular November 12, 2024, and November 25, 2024. Councilmember, Terry Freese, meetings held on seconded the motion. All voted in favor. The second item on the agenda was to review and consider a request from the Monterey Square Business Association and Lt. Ben Guanajuato for assistance for Snow on the Square on Friday, December 20, 2024, for the following: A. Post the event ( Snow on the Square) on the digital billboard on Hwy. 59 by La Casona/ Walmart. B. Closing the 100 Block of South Fulton Street from Burleson Street to Milam Street from 3: 00 p.m. to 9: 30 p.m. C. Use City-owned barricades for the street closures. D. Provide ten( 10) trash barrels and extra liners. E. Pick up, set up, and return a generator- light plant that the snow committee will rent and pay for. F. Waive all fees that may apply to this event. Lt. Ben Guanajuato presented a request for assistance for Snow Day on the Square that was scheduled to be held Friday, December 20, 2024. After some discussion, Councilmember, on Terry Freese, moved to approve aforementioned items A through F. Councilmember, David Voulgaris, seconded the motion. All voted in favor. The third item on the agenda was to review and consider a request from Mr. Imran Khan to the City Council to remove mowing charges received on the property for noncompliance. City Manager, Joseph R. Pace, presented a copy of a request from Mr. Khan regarding the removal of mowing charges received on his property for noncompliance in the amount of$ 1, 275. 00. Ms. Aurora Garcia, a representative for Mr. Khan, stated the property owner was requesting a one- time waiver of fees for not complying. After some discussion, Councilmember, Burnell Neal made the motion to deny the request from Mr. Imran Khan to the City Council to remove mowing charges received on the property for noncompliance. Councilmember, Terry Freese, seconded the motion. All voted in favor. The fourth item on the agenda was to review and consider a request from Mr. Michael Limas to waive the rental fee at the Wharton Civic Center for a Countywide City First Responder Ball. Manager, Joseph R. Pace, presented a copy of the request from Mr. Michael Limas to waive the rental fee at the Wharton Civic Center for a Countywide First Responder Ball to be held on June 28, 2025, from 7: 00 p. m. to 11: 00 p. m. Police Chief, Terry David Lynch, stated that he would cover the cost of the rental fee with the Police Department' s deferred account. After some City of Wharton City Council Regular Meeting Minutes- December 09, 2024 Page 3 of 8 discussion, Councilmember, Burnell Neal, moved to approve Police Chief Lynch' s offer of paying the rental fee for the use of the Wharton Civic Center for the Countywide First Responder Ball. Councilmember, Larry Pittman, seconded the motion. All voted in favor. The fifth item on the agenda was to review and consider a request from Ms. Carlicia Jones to address the City Council regarding her complaints with the neighboring property owner and the City of Wharton. Ms. Jones presented her complaints with the neighboring property owner to the City Council. Assistant City Attorney, Amy Rod, directed Ms. Jones to acquire legal advice in the matter since it was a civil matter and the City could not be involved. After some discussion, no action was taken. The sixth item on the agenda was to review and consider a request from Mr. Colby Primeaux to host a professional wrestling event at the Wharton Civic Center and waive all fees for the venue. Mr. Colby Primeaux presented a copy of his request to host a professional wrestling event at the Wharton Civic Center and waive all fees for the venue. Mr. Primeaux stated the wrestling would occur in the main hall, with the lobby serving as an entry to the event and as a meet- and- greet area for wrestlers and fans before and following the show. Civic Center Manager, Makyla Monroe, stated access to the building would be from 1: 00 p. m. to 11: 00 p. m. on Sunday, February 16, 2024. Ms. Monroe said the event set- up and prep would take place between 1: 00 p. m. and 4: 00 p. m., with doors opening at 5: 00 p.m. and the opening bell at 6: 00 p.m., with the show lasting 2 to 3 hours, leaving the remaining time for teardown and cleanup. Police Chief, Terry David Lynch, stated the Wharton Police Department would provide security for the event as well as cover the cost for any City Staff on the day of the event. After some discussion, Councilmember, Terry Freese, moved to approve the request from Mr. Colby Primeaux to host a professional wrestling event at the Wharton Civic Center and waive all fees for the venue. Councilmember, Larry Pittman 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 a commercial washing machine for the Wharton Civic Center from Alliance Laundry through the Buyboard Cooperative Purchasing Program and authorizing the City Manager to execute all documents related to said purchase. Civic Center Manager, Makyla Monroe presented a copy of the quote in the amount of$ 12, 524. 20 from Alliance Laundry to install a new commercial washing machine in the laundry room at the Wharton Civic Center. Ms. Monroe stated the current washing machine was 28 years old and had stopped working. After some discussion, Councilmember, Terry Freese, moved to approve City of Wharton Resolution No. 2024- 140, which read as follows: CITY OF WHARTON RESOLUTION NO. 2024- 140 A RESOLUTION OF THE WHARTON CITY COUNCIL AUTHORIZING THE PURCHASE OF A COMMERCIAL WASHING MACHINE FOR THE WHARTON CIVIC CENTER FROM ALLIANCE LAUNDRY THROUGH THE BUYBOARD COOPERATIVE PURCHASING PROGRAM AND AUTHORIZING THE CITY MANAGER TO EXECUTE ALL DOCUMENTS RELATED TO SAID PURCHASE. City of Wharton City Council Regular Meeting Minutes- December 09, 2024 Page 4 of 8 WHEREAS, A quote was received for the purchase of a commercial washing machine for the Wharton Civic Center; and, WHEREAS, The City of Wharton is a member of and participates in the Buyboard Cooperative Purchasing Program; and, WHEREAS, Alliance Laundry submitted a quote in the amount of$ 12, 524.20; and, WHEREAS, The Wharton City Council wishes to approve Alliance Laundry for the purchase of a commercial washing machine in the amount of$ 12, 524. 20 for the Wharton Civic Center; 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. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WHARTON, TEXAS: SECTION I. The Wharton City Council hereby authorizes the City Manager to purchase a commercial washing machine for the Wharton Civic Center from Alliance Laundry through the BuyBoard Cooperative Purchasing Program in the amount of 12, 524. 20. SECTION II. The Wharton City Council hereby authorizes the City Manager to execute all documents related to the purchase of the equipment. SECTION III. That this resolution shall become effective immediately upon its passage. PASSED, APPROVED, AND ADOPTED this 9th day of December 2024. CITY OF WHARTON TIM BARKER Mayor ATTEST: PAULA FAVORS City Secretary Councilmember, David Voulgaris, seconded the motion. All voted in favor. City of Wharton City Council Regular Meeting Minutes- December 09, 2024 Page 5 of 8 The eighth item on the agenda was to review and consider a resolution of the Wharton City Council approving a contract for Ambulance Transfers with OakBend Medical Center and authorizing the Mayor of the City of Wharton to execute all documents related to said contract. Emergency Medical Services Director, Christy Gonzales, presented a copy of the contract for Ambulance Transfers between The City of Wharton and OakBend Medical Center to provide ambulance services to out-of-city facilities for patients of OakBend Medical Center who are hospitalized in the City of Wharton. Director Gonzales stated Assistant City Attorney Amy Rod had reviewed the contract and the contract met her approval. After some discussion, Councilmember, Terry Freese, moved to approve City of Wharton Resolution No. 2024- 141, which read as follows: CITY OF WHARTON RESOLUTION NO. 2024- 141 A RESOLUTION OF THE WHARTON CITY COUNCIL APPROVING A CONTRACT FOR AMBULANCE TRANSFERS WITH OAKBEND MEDICAL CENTER AND AUTHORIZING THE MAYOR OF THE CITY OF WHARTON TO EXECUTE ALL DOCUMENTS RELATED TO SAID CONTRACT. WHEREAS, The Wharton City Council wishes to approve the contract with OakBend Medical Center for ambulance transfers; and, WHEREAS, The City of Wharton and OakBend Medical wishes to be bound by the conditions set forth in the contract; and, WHEREAS, The Wharton City Council wishes to authorize the Mayor of the City of Wharton to execute the agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WHARTON, TEXAS as follows: Section I. That the Wharton City Council hereby approves the contract between the City of Wharton and OakBend Medical for ambulance transfers. Section H. That the City of Wharton and OakBend Medical are hereby bound by the conditions set forth in the contract. Section III. That the Wharton City Council hereby authorizes the Mayor of the City of Wharton to execute the agreement. Section. IV. That this resolution shall become effective immediately upon its passage. Passed, Approved, and Adopted this 9th day of December 2024. CITY OF WHARTON  City of Wharton City Council Regular Meeting Minutes- December 09, 2024 Page 6 of 8 By: TIM BARKER Mayor ATTEST: PAULA FAVORS City Secretary Councilmember, Larry Pittman, seconded the motion. All voted in favor. The ninth item on the agenda was to review and consider the Valhalla Water Well Rehabilitation 2023: A. Resolution: A resolution of the Wharton City Council approving Change Order No. 1 for a cost decrease with Alsay Incorporated for the Valhalla Water Well Rehabilitation 2023 and authorizing the Mayor to execute all documents related to said Change Order. i B. Pa Y Request No. 3 and Final 9 from AlsayIncorporated for the Valhalla Water Well Rehabilitation 2023. The City Council awarded a contract for construction to Alsay Incorporated for the Valhalla Water Well Rehabilitation 2023 Project. Planning and Development Director Gwyn Teves stated Change Order No. 1 for a reduction of the total contract amount in the amount of$ 68, 833. 00 after the completion of the project and walkthrough of the project. Director of Planning & Development, Gwyn Teves, presented a copy of Pay Estimate No. 3 and Final, and a recommendation for paymentby the engineer. Mrs. Teves stated the City Staff recommended that the City Council approve Change Order No. 1 and Pay Estimate 3 for $42, 719.00 and issue payment. After some discussion, Councilmember, Terry Freese, moved to approve City of Wharton Resolution No. 2024- 142, which read as follows: CITY OF WHARTON RESOLUTION NO. 2024- 142 A RESOLUTION OF THE WHARTON CITY COUNCIL APPROVING CHANGE ORDER NO. 1 FOR A COST DECREASE WITH ALSAY INCORPORATED FOR THE VALHALLA WATER WELL REHABILITATION 2023 AND AUTHORIZING THE MAYOR TO EXECUTE ALL DOCUMENTS RELATED TO SAID CHANGE ORDER WHEREAS, The Wharton City Council wishes to approve Change Order No. 1 for the cost decrease of $ 68, 833. 00 with Alsay Incorporated for the Valhalla Water Well Rehabilitation 2023; and, City of Wharton City Council Regular Meeting Minutes- December 09, 2024 Page 7 of 8 WHEREAS, The Wharton City Council wishes to authorize the Mayor to execute all documents related to the Change Order. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WHARTON, TEXAS as follows: Section I. The Wharton City Council hereby approves Change Order No. 1 for the cost decrease of $ 68, 833. 00 with Alsay Incorporated for the Valhalla Water Well Rehabilitation 2023. Section H. The Wharton City Council hereby authorizes the Mayor to execute all documents related to the change order. Section III. That this resolution shall become effective immediately upon its passage. Passed, Approved, and Adopted this 9d' day of December 2024. CITY OF WHARTON, TEXAS By: TIM BARKER Mayor ATTEST: PAULA FAVORS City Secretary Councilmember, Burnell Neal, seconded the motion. All voted to favor. The tenth item on the agenda was to review and consider the City Manager Reimbursement. After some discussion, Councilmember, moved to approve the City Manager David Voulgaris, Reimbursement request. Councilmember, Larry Pittman, seconded the motion. All voted in favor. The eleventh item on the agenda was to review and consider appointments, resignations, and vacancies to the City of Wharton Boards, Commissions, and Committees: A. Resignations. B. Appointments. C. Vacancies. After some discussion, no action was taken. City of Wharton City Council Regular Meeting Minutes- December 09, 2024 Page 8 of 8 The twelfth item on the agenda was to review and consider the City Council Boards, Commissions, and Committee Reports: A. Finance Committee meeting held November 25, 2024. After some discussion, no action was taken. There being no further discussion, Councilmember, David Voulgaris, moved to adjourn. All voted in favor. The meeting adjourned at 7: 44 p.m. CITY OF WHARTON, TEXAS TIM BARKER Mayor ST: P ULA F ORS 4 City Secretary N, n yy