City Council Regular Meeting

MINUTES OF CITY OF WHARTON CITY COUNCIL REGULAR MEETING FEBRUARY 24, 2025 Mayor, Tim Barker, declared a Regular Meeting duly open for the transaction of business at 7: 02 P. M. at City Hall 120 E. Caney Street Wharton, TX. Mr. Ray Roberson led the opening devotion, and Mayor, Tim Barker, led the pledge of allegiance. Councilmembers present were: Mayor, Tim Barker and Councilmembers, Terry Freese; Burnell Neal; Steve Schneider; Larry Pittman, and David Voulgaris. Councilmember absent was: Russell Machann. Staff members present were: City Manager, Joseph R. Pace; City Attorney, Paul Webb; Finance Account, London Davis, C. P. A.; City Secretary, Paula Favors, TRMC, CPM, MMC; Director of Planning and Development, Gwyn Teves, CPM; Assistant to the City Manager, Brandi Jimenez; Police Chief, Terry David Lynch; Building Official, Claudia Velasquez, Assistant to the Building Official, Shelby Robertson, and Public Works Director, Roderick Semien. Visitors Sandy Sanders; Ray Roberson; Landy Williams, Liz present were: Stegint, President of the Wharton County Farmer' s Market, Rosemary Kalina, G. L. Kalina, and Sammy Wisnieski. Roll Call and Excused Absences. Councilmember Terry Freese moved to excuse Councilmember Russell Machann. Councilmember David Voulgaris seconded the motion. All voted in favor. Public Comments. Mayor, Tim Barker, called for Public Comments. Wharton Moment. Mayor, Tim Barker, called for Wharton Moments. City Manager Joesph R. Pace thanked everyone that attended the FM 1301 Extension opening on Tuesday, February 18, 2025. Review and Consider: The first item on the agenda to review and consider was the City of Wharton Financial Report for January 2025. Finance Accountant, London Davis presented the City of Wharton Financial Report City of Wharton City Council Regular Meeting Minutes- February 24, 2025 Page 2 of 13 for January 2025. After some discussion, Councilmember Terry Freese moved to approve the City of Wharton Financial Report for January 2025. Councilmember Burnell Neal seconded the motion. All voted in favor. The second item on the agenda was to review and consider a request from the Wharton County Farmers Market for the following: A. Use of Riverfront Park for the Wharton County Farmers Market for the Spring Market from April 5, 2025, through June 28, 2025, and Fall Market from September 20, 2025, through December 20, 2025. B. Allow glass containers. C. Waive all park fees. D. Allow a variance to the placement of off-premise outdoor advertising display signs allowing signs to be displayed for the whole season. City Manager Joseph R. Pace presented a copy of the request submitted by Ms. Liz Stegint, President of the Wharton County Farmer' s Market, requesting the use of Riverfront Park for the Spring Market starting on April 5, 2025, and ending on June 28, 2025, and the Fall Market starting on September 20, 2025, and ending on December 20, 2025. Ms. Stegint stated the hours of the market would be from 7: 00 a.m. to allow for set up and opening from 9: 00 a.m. to 1: 00 p.m. She said they were also requesting permission to allow glass containers in Riverfront Park. After some discussion, Councilmember Terry Freese moved to approve the aforementioned items A. through D. Councilmember Larry Pittman seconded the motion. All voted in favor. The third item on the agenda was to review and consider a request from Mr. Robert Fleming on behalf of Keith Gerard Home Solutions, LLC, 606 Old Boling Rd., Wm. Kincheloe, Block 64A- 9 for a 2' front building line setback from the required 25' setback and a 9' side building line setback from the required 15' setback for new home construction in place of a demolished pre- existing structure. Director of Planning& Development Gwyn Teves presented a copy of the request from Mr. Robert Fleming on behalf of Keith Gerard Home Solutions, LLC, 606 Old Boling Rd., Wm. Kincheloe, Block 64A-9 for a 2' front building line setback from the required 25' setback and a 9' side building line setback from the required 15' setback for new home construction in place of a demolished pre- existing structure. Mrs. Teves stated that the Planning Commission met on Monday, February 17, 2025, and recommended that the City Council approve the variance. After some discussion, Councilmember Terry Freese moved to approve the request from Mr. Robert Fleming on behalf of Keith Gerard Home Solutions, LLC, 606 Old Boling Rd., Wm. Kincheloe, Block 64A-9 for a 2' front building line setback from the required 25' setback and a 9' side building line setback from the required 15' setback for new home construction in place of a demolished pre- existing structure. Councilmember David Voulgaris seconded the motion. All voted in favor. The fourth item on the agenda was to review and consider a request from Ms. Flor de Maria on behalf of Walmart, Inc. for a variance to the City of Wharton Code of Ordinances, Chapter 66 — Signs & Table 1 to of a freestanding commercial sign with a Advertising, allow construction City of Wharton City Council Regular Meeting Minutes- February 24, 2025 Page 3 of 13 maximum area of 606 sf. Director of Planning & Development Gwyn Teves presented a copy of the request from Ms. Flor de Maria on behalf of Walmart, Inc. for a variance to the City of Wharton Code of Ordinances, Chapter 66 — Signs & Advertising, Table 1 to allow construction of a freestanding commercial sign with a maximum area of 606 sf. Mrs. Teves stated that this was a variance of 306 sf from the current ordinance of 300 sf maximum. She stated that the Planning Commission met on Monday, February 17, 2025, and recommended that the City Council approve the variance. After some discussion, Councilmember David Voulgaris moved to approve the request from Ms. Flor de Maria on behalf of Walmart, Inc. for a variance to the City of Wharton Code of Ordinances, Chapter 66 — Signs & Advertising, Table 1 to allow construction of a freestanding commercial sign with a maximum area of 606 sf. Councilmember Terry Freese seconded the motion. All voted in favor. The fifth item on the agenda was to review and consider a request from Mr. Ronald Tebeest and Mr. Ray Roberson to replat Cat Island Estates, Lots 2& 3 and Lake Nett Addition, Lot 13. Director of Planning& Development Gwyn Teves presented a copy of a request from Mr. Ronald Tebeest and Mr. Ray Roberson to replat Cat Island Estates, Lots 2 & 3, and Lake Nett Addition, Lot 13. Mrs. Teves stated that the Planning Commission met on Monday, February 17, 2025, and recommended that the City Council approve the replat. After some discussion, Councilmember Terry Freese moved to approve the request from Mr. Ronald Tebeest and Mr. Ray Roberson to replat Cat Island Estates, Lots 2 & 3 and Lake Nett Addition, Lot 13. Councilmember Steve Schneider seconded the motion. All voted in favor. The sixth item on the agenda was to review and consider the American Legion Building: A. Resolution: A resolution of the Wharton City Council approving the removal and disposal of asbestos at the American Legion and authorizing the Mayor of the City of Wharton to execute all documents related to said removal. Building Official Claudia Velasquez stated that Environmental Solutions Inc. conducted an asbestos survey at the American Legion on December 16, 2024, and their report identified multiple areas containing asbestos- containing materials. Mrs. Velasquez said the Code Enforcement Department' s budget funds were used to pay the asbestos survey invoice for $ 1, 460. 00. She said that then the Code Enforcement Department solicited quotes for asbestos abatement at the American Legion and, with the assistance of Environmental Solutions Inc., searched for potential and reliable contractors. Director Velasquez stated that requests were sent to four different asbestos abatement companies for the proper removal and disposal of materials containing asbestos in the American Legion, and based on the amounts given, the department recommended that the City Council approve the proposals from Sitek in the amount of $8, 400. 00. After some discussion, Councilmember David Voulgaris moved to approve City of Wharton Resolution No. 2025- 10, which read as follows: CITY OF WHARTON RESOLUTION NO. 2025- 10 City of Wharton City Council Regular Meeting Minutes- February 24, 2025 Page 4 of 13 A RESOLUTION OF THE WHARTON CITY COUNCIL APPROVING THE REMOVAL AND DISPOSAL OF ASBESTOS AT THE AMERICAN LEGION AND AUTHORIZING THE MAYOR OF THE CITY OF WHARTON TO EXECUTE ALL DOCUMENTS RELATED TO SAID REMOVAL. WHEREAS, Quotes were received for the removal and disposal of asbestos at the American Legion; and, WHEREAS, Sitek Omni Services LLC was deemed the best lowest qualified bidder in the amount of$ 8, 400. 00; and, WHEREAS, The Wharton City Council wishes to approve Sitek Omni Services, LLC, for the removal and disposal of asbestos at the American Legion in the amount of$8,400.00; and, WHEREAS, The Wharton City Council wishes to authorize the Mayor 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 approves Sitek Omni Services, LLC for the removal and disposal of asbestos at the American Legion in the amount of 8, 400. 00. SECTION II. The Wharton City Council hereby authorizes the Mayor to execute all documents related to the said removal. SECTION III. That this resolution shall become effective immediately upon its passage. Passed, Approved, and Adopted this 24th day of February 2025. CITY OF WHARTON, TEXAS By: TIM BARKER Mayor ATTEST: PAULA FAVORS City Secretary Councilmember Terry Freese seconded the motion. All voted in favor. City of Wharton City Council Regular Meeting Minutes- February 24, 2025 Page 5 of 13 B. Resolution: A resolution of the Wharton City Council approving Environmental Solutions Inc. for the monitoring of the asbestos abatement at the American Legion and authorizing the Mayor of the City of Wharton to execute all documents related to said agreement. Building Official Claudia Velasques stated that Environmental Solutions Inc. would be on- site monitoring the asbestos abatement at a daily rate of $ 750, with the total cost ranging from 3, 800. 00 to $ 4, 550. 00 over approximately 4 to 5 days. Mrs. Velasquez stated that the Public Works Committee met on February 24, 2025, and recommended that the City Council approve the request. After some discussion, Councilmember David Voulgaris moved to approve City of Wharton Resolution No. 2025- 11, which read as follows: CITY OF WHARTON RESOLUTION NO. 2025- 11 A RESOLUTION OF THE WHARTON CITY COUNCIL APPROVING ENVIRONMENTAL SOLUTIONS INC. FOR THE MONITORING OF THE ASBESTOS ABATEMENT AT THE AMERICAN LEGION AND AUTHORIZING THE MAYOR OF THE CITY OF WHARTON TO EXECUTE ALL DOCUMENTS RELATED TO SAID AGREEMENT. WHEREAS, The Wharton City Council wishes to engage the services of Environmental Solutions, Inc., to provide monitoring of the asbestos abatement at the American Legion; and, WHEREAS, Environmental Solutions, Inc. wishes to provide said services for the monitoring of the asbestos abatement at the American Legion; and, WHEREAS, The City of Wharton and Environmental Solutions, Inc. wishes to be bound by the conditions of said agreement; and, WHEREAS, The Wharton City Council wishes to authorize the Mayor of the City of Wharton to execute the agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WHARTON, TEXAS as follows: Section I. The Wharton City Council hereby authorizes the Mayor of the City of Wharton to execute an agreement with Environmental Solutions, Inc. for the monitoring of the asbestos abatement at the American Legion. Section II. The City of Wharton and Environmental Solutions, Inc. are hereby bound by the conditions set forth in the agreement. City of Wharton City Council Regular Meeting Minutes- February 24, 2025 Page 6 of 13 Section III. That this resolution shall become effective immediately upon its passage. Passed, Approved, and Adopted this 24th day of February 2025. CITY OF WHARTON, TEXAS By: TIM BARKER Mayor ATTEST: PAULA FAVORS City Secretary Councilmember Terry Freese seconded the motion. All voted in favor. The seventh item on the agenda was to review and consider an ordinance amending the City of Wharton Code of Ordinances, Chapter 82 Traffic, Sec. 82- 65 One- way- only streets, providing that a violation of the Ordinance or any part of the Code as adopted hereby shall constitute a penalty upon conviction of a fine; providing for severability and setting an effective date. Police Chief Terry David Lynch presented a request from Superintendent Olatunji Oduwole regarding the designation of a one- way around the Wharton Junior High, at the days and times listed in# 6 below, to alleviate traffic congestion and to ensure the safety of the parents and students. Chief Lynch stated the following amendment to the City of Wharton Traffic Ordinance would be amended as a one- way only street: 6. The following part of the 100 to 400 Blocks of East Third Street ( Third Street, from its intersection with Rusk Street to its intersection with Pecan Street) is designated as a " One- way Only" street from 7: 15 a.m. to 8: 15 a.m. and 3: 00 p.m. to 4: 00 p.m., Monday through Friday. After some discussion, Councilmember Larry Pittman moved to approve City of Wharton Ordinance No. 2025- 03, which read as follows: CITY OF WHARTON ORDINANCE NO. 2025- 03 AN ORDINANCE AMENDING THE CITY OF WHARTON CODE OF ORDINANCES, CHAPTER 82 TRAFFIC, SEC. 82- 65 ONE-WAY ONLY STREETS, PROVIDING THAT A VIOLATION OF THE ORDINANCE OR ANY PART OF THE CODE AS ADOPTED City of Wharton City Council Regular Meeting Minutes- February 24, 2025 Page 7 of 13 HEREBY SHALL CONSTITUTE A PENALTY UPON CONVICTION OF A FINE; PROVIDING FOR SEVERABILITY AND SETTING AN EFFECTIVE DATE. BE IT ORDAINED by the City Council of the City of Wharton, Texas that the City of Wharton Code of Ordinances, Chapter 82 Traffic, Sec. 82- 65 One- way only streets, shall read as follows: ARTICLE II. OPERATION OF VEHICLES Sec. 82- 65. One- way only streets. The following has been amended as one- way only streets during the following days and times: 6. The following part of the 100 to 400 Blocks of East Third Street( Third Street, from its intersection with Rusk Street to its intersection with Pecan Street) is designated as a One-way Only" street from 7: 15 a.m. to 8: 15 a.m. and 3: 00 p.m. to 4: 00 p.m., Monday through Friday. The City Council hereby authorizes the Chief of Police to cause signs to be erected designating the above- described area as a one- way street during said times. Penalty Clause Except as otherwise provided in this chapter, any person found guilty of intentionally, knowingly or recklessly violating any provision of this article and upon conviction thereof in the municipal court shall be fined in accordance with the terms of Section 1- 5 of the Code of Ordinances of the City of Wharton, Texas. Severability If any court of competent jurisdiction rules that any section, subsection, sentence, clause, phrase, or portion of this ordinance is invalid or unconstitutional, any such portion shall be deemed to be a separate, distinct, and independent provision, and any such ruling shall not affect the validity of the remaining portions hereof. Effective Date This Ordinance shall become effective on the 7th day of March 2025 at 12: 01 a. m. Passage and Approval PASSED AND APPROVED by the City Council of the City of Wharton, Texas, on the 24th day of February 2025. City of Wharton City Council Regular Meeting Minutes- February 24, 2025 Page 8 of 13 CITY OF WHARTON, TEXAS By: TIM BARKER Mayor ATTEST: PAULA FAVORS City Secretary APPROVED AS TO FORM: PAUL WEBB City Attorney Councilmember Burnell Neal seconded the motion. All voted in favor. The eighth item on the agenda was to review and consider a resolution of the Wharton City Council accepting the grant from the Motor Vehicle Crime Prevention Authority ( MVCPA) for five additional flock cameras for the Wharton Police Department and authorizing the Mayor of the City of Wharton to execute all documents related to said grant. Police Chief Terry David Lynch stated that on November 12, 2024, the City Council approved the request to submit an application to the Motor Vehicle Crime Prevention Authority for the FY 2025 SB 224 Catalytic Converter Grant for five ( 5) additional flock cameras. Police Chief Lynch said the City of Wharton was awarded the grant, and approval to accept the grant was required by the City Council. After some discussion, Councilmember Terry Freese moved to approve City of Wharton Resolution No. 2025- 12, which read as follows: CITY OF WHARTON RESOLUTION NO. 2025- 12 A RESOLUTION OF THE WHARTON CITY COUNCIL ACCEPTING THE GRANT FROM THE MOTOR VEHICLE CRIME PREVENTION AUTHORITY ( MVCPA) FOR FIVE ADDITIONAL FLOCK CAMERAS FOR THE WHARTON POLICE DEPARTMENT AND AUTHORIZING THE MAYOR OF THE CITY OF WHARTON TO EXECUTE ALL DOCUMENTS RELATED TO SAID GRANT. City of Wharton City Council Regular Meeting Minutes- February 24, 2025 Page 9 of 13 WHEREAS, The City of Wharton City Council wishes to accept the grant from the Motor Vehicle Crime Prevention Authority (MVCPA) for five additional flock cameras; and, WHEREAS, The total amount of said grant is in the amount of$ 17, 708. 00 and requires a match of 3, 542. 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 accepts the grant from the Motor Vehicle Crime Prevention Authority( MVCPA) for five additional flock cameras. SECTION II. The City designates the Mayor as the person authorized to sign all forms related to the grant. SECTION III. That this resolution shall become effective immediately upon its P assa g e. PASSED, APPROVED, and ADOPTED this 24th day of February 2025. CITY OF WHARTON, TEXAS 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 a request from Chief of Police Terry David Lynch regarding the Touch- A-Truck event for the following: A. Use of Riverfront Park without fees. B. Road Closure of 100 East Elm Street at South Fulton Street to 300 East Elm Street at South Resident Street. C. Use of City barricades. D. Allow the use of food trucks/ vendors and waive permit fees. E. Have the Street Sweeper sweep the area on March 7, 2025. City of Wharton City Council Regular Meeting Minutes- February 24, 2025 Page 10 of 13 Chief Terry David Lynch presented a copy of a memorandum regarding the Touch- A- Truck Event at the Riverfront Park on Saturday, March 8, 2025. After some discussion, Councilmember Terry Freese moved to approve the aforementioned items A. through E. Councilmember Larry Pittman seconded the motion. All voted in favor. The tenth item on the agenda was to review and consider the Wharton Police Department Annual Contact Report for 2024. Police Chief Terry David Lynch presented the Wharton Police Department Annual Contact Report for 2024. After some discussion, no action was taken. The eleventh item on the agenda was to review and consider a resolution of the Wharton City Council awarding a contract for the Sheppard Street Public Utility Relocation Project and authorizing the Mayor of the City of Wharton to execute all documents related to said contract. Director of Planning & Development Gwyn Teves stated that as part of the ongoing construction with the Levee Project, it was determined during the inspection trenching that the water and sewer utilities on Sheppard Street, which provide utilities to the City Firing Range and Fire Training Grounds, were not relocated adequately during the first construction project to be clear of the Levee Construction. Mrs. Teves said the utilities were required to be lowered deeper into the ground under the levee structure, placed in a steel casing, and grouted to prevent any undermining of the levee. She said that on February 5, 2025, proposals were received for the Sheppard Street Relocations, and there were three ( 3) submissions from the following: Bull G Construction, LLC 242, 780. 00 AR Turnkey Construction Company 649, 720. 00 WJC Constructors Services, LLC 774, 377. 30 Director Teves stated Quiddity Engineering had reviewed the submitted proposals and recommended the award of the contract to Bull G Construction, LLC, for$ 242, 780. 00. After some discussion, Councilmember Terry Freese moved to approve City of Wharton Resolution No. 2025- 13, which read as follows: CITY OF WHARTON RESOLUTION NO. 2025- 13 A RESOLUTION OF THE WHARTON CITY COUNCIL AWARDING A CONTRACT FOR THE SHEPPARD STREET PUBLIC UTILITY RELOCATION PROJECT AND AUTHORIZING THE MAYOR OF THE CITY OF WHARTON TO EXECUTE ALL DOCUMENTS RELATED TO SAID CONTRACT. WHEREAS, Proposals were received for the Sheppard Street Public Utility Relocation Project on February 5, 2025; and, WHEREAS, Bull G Construction LLC was deemed the best, lowest qualified bidder for the base bid amount of$ 242, 780. 00; and, City of Wharton City Council Regular Meeting Minutes- February 24, 2025 Page 11 of 13 WHEREAS, The Wharton City Council wishes to award a contract to Bull G Construction LLC for the base bid amount of$ 242, 780. 00; and, WHEREAS, The City of Wharton and Bull G Construction LLC wish to be bound by the conditions as set forth in the agreement; and, WHEREAS, The Wharton City Council wishes to authorize the Mayor of the City of Wharton to execute the 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 Mayor to execute the Sheppard Street Public Utility Relocation Project contract. Section II. The City of Wharton and Bull G Construction LLC 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 240' day of February 2025. CITY OF WHARTON, TEXAS By: TIM BARKER Mayor ATTEST: PAULA FAVORS City Secretary Councilmember David Voulgaris seconded the motion. All voted in favor. The twelfth item on the agenda was to review and consider an update of the City of Wharton Grant Programs. Planning and Development Director Gwyn Teves presented an update on the City of Wharton Grant Programs. After some discussion, no action was taken. The thirteenth item on the agenda was to review and consider an update on the City of Wharton's ongoing projects. City Manager Joseph R. Pace presented an update on the City of Wharton' s ongoing projects. After some discussion, no action was taken. The fourteenth item on the agenda was to review and consider appointments, resignations, and vacancies to the City of Wharton Boards, Commissions, and Committees: City of Wharton City Council Regular Meeting Minutes- February 24, 2025 Page 12 of 13 A. Resignations. B. Appointments. C. Vacancies. After some discussion, no action was taken. The fifteenth item on the agenda was to review and consider Department Head Reports: A. City Secretary/ Personnel. B. Code Enforcement. C. Community Services Department/ Civic Center. D. Emergency Management. E. E. M. S. Department. F. Fire Department. G. Legal Department. H. Municipal Court. I. Police Department. J. Public Works Department. K. Water/ Sewer Department. L. Weedy Lots/ Sign Ordinance. M. Wharton Regional Airport. 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: 25 p.m. CITY OF WHARTON, TEXAS BY: TIM BARKER Mayor ES PA LA FAVORS City Secretary