City Council Regular Meeting

71 MINUTES OF CITY OF WHARTON CITY COUNCIL REGULAR MEETING 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 Burnell Neal 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, Russell Machann, Larry Pittman, and David Voulgaris. Councilmember absent was: None. Staff members present were: City Manager, Joseph R. Pace; Finance Director, Joan Andel; 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; Police Lt. Aprel Soltura, and Emergency Management Coordinator, LT. Ben Guanajuato. Visitors present were: Ryan Salazar, Dustin Cruz, Susie Carlson, and Colby Primeaux with the Wharton County Leader Journal. Roll Call and Excused Absences. All Councilmembers were present. Public Comments. Mayor Tim Barker called for Public Comments. Mr. Dustin Cruz stated that the sign in the City Hall Chambers regarding 30. 06 & 30. 07 was a violation of Texas Government Code Section 411. 209, Section D wrongfully excludes handgun license holders. Mr. Cruz stated that if the signs were not taken down in three ( 3) days, he would file a complaint with the Attorney General. Wharton Moments. Mayor Tim Barker called for Wharton Moments. Councilmember Burnell Neal stated he was very impressed with the Cops and Rodders Car Show 261h, 2025. He said that Chief Terry David Lynch worked very hard on the event, held on April and he enjoyed himself. Mayor Tim Barker stated that Chief Lynch did a great job on the event, and this year he won the Best Corvette category. Review and Consider: City of Wharton City Council Regular Meeting Minutes- April 28, 2025 Page 2 of 10 The first item on the agenda was to review and consider the City of Wharton Financial Report for March 2025. Finance Director Joan Andel presented the City of Wharton Financial Report for March 2025. After some discussion, Councilmember Russell Machann moved to approve the City of Wharton Financial Report for March 2025. Councilmember Larry Pittman seconded the motion. All voted in favor. The second item on the agenda was to review and consider a request from Mr. Scott Cunningham on behalf of the Koehne Estate for replat of Randall Jones `/ 2 League, Abstract No. 36, Tracts 42 42A. Director of Planning& Development Gwyn Teves presented a copy of a request from Mr. Scott Cunningham on behalf of the Koehne Estate for replat of Randall Jones '/ 2 League, Abstract No. 36, Tracts 42 & 42A. Director Teves stated that the Planning Commission met on Monday, April 21, 2025, and recommended that the City Council consider approving the replat. After some discussion, Councilmember David Voulgaris moved to approve the request from Mr. Scott Cunningham on behalf of the Koehne Estate for replat of Randall Jones '/ 2 League, Abstract No. 36, Tracts 42 & 42A. Councilmember Steve Schnieder seconded the motion. All voted in favor. The third item on the agenda was to review and consider the City of Wharton Annual Budget Calendar for Fiscal Year 2025- 2026. Finance Director Joan Andel presented a copy of the proposed City of Wharton Budget Calendar for Fiscal Year 2025- 2026. After some discussion, no action was taken. The fourth item on the agenda was to review and consider a resolution of the Wharton City Council amending Resolution No. 2024- 123 to include that in the event of loss or misuse of the grant funds, the City of Wharton will return all funds to the Office of the Governor and authorizing the Mayor of the City of Wharton to execute all documents related to said grant. Police Lt. Ariel Soltura stated that on November 12, 2024, the City of Wharton accepted a grant from the Governor' s Office Criminal Justice Division to replace the current body- worn cameras with the adoption of Resolution 2024- 123. Lt. Soltura said that at the request of the Governor' s Office Criminal Justice Division, the City of Wharton needed to make some modifications to the current acceptance resolution. He said the Governor' s Office Criminal Justice Division wanted assurance that in the event of loss or misuse of grant funds, the City of Wharton would return all funds to the Office of the Governor. After some discussion, Councilmember Russell Machann moved to approve City of Wharton Resolution No. 2025- 30, which read as follows: CITY OF WHARTON RESOLUTION NO. 2025- 30 A RESOLUTION OF THE WHARTON CITY COUNCIL AMENDING RESOLUTION NO. 2024- 123 TO INCLUDE THAT IN THE EVENT OF LOSS OR MISUSE OF THE GRANT FUNDS, THE CITY OF WHARTON WILL RETURN ALL FUNDS TO THE OFFICE OF THE GOVERNOR AND AUTHORIZING THE MAYOR OF THE CITY OF WHARTON TO EXECUTE ALL DOCUMENTS RELATED TO SAID GRANT. WHEREAS, The City ofWharton City Council wishes to accept a grant from the Governor' s Office Criminal Justice Division to replace current body- worn cameras; and, City of Wharton City Council Regular Meeting Minutes- April 28, 2025 Page 3 of 10 WHEREAS, The total amount of said grant is in the amount of$ 56,565. 00 and requires a 25% match or $ 14,628. 75; however, there is an in-kind match for the trade-in of the cameras that would bring the City' s match to approximately $ 2, 928. 75; and, WHEREAS, In the event of loss or misuse of the grant funds, the City of Wharton will return all funds to the Office of the Governor; 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 amends the resolution for the grant from the Governor' s Office Criminal Justice Division to replace the current body-worn cameras. SECTION II. In the event of loss or misuse of the grant funds, the City of Wharton will return all funds to the Office of the Governor. SECTION III. The City designates the Mayor as the person authorized to sign all forms related to the grant. SECTION IV. That this resolution shall become effective immediately upon its passage. PASSED, APPROVED, and ADOPTED this 28th day of April 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 fifth item on the agenda was to review and consider a resolution of the Wharton City Council amending Resolution No. 2025- 02 for Grant No. 5034401 In-Car Camera System and authorizing the Mayor of the of Wharton to all documents related to said grant. Lt. Ben City execute Guanajuato stated the Wharton Police Department had been awarded a grant through the City of Wharton City Council Regular Meeting Minutes- April 28, 2025 Page 4 of 10 Governor' s Office — Criminal Justice Division to replace the current in- car cameras. Lt. Guanajuato said the cameras the department currently had were nearing the end of their lives. He said the new cameras were improved, enhancing operability, especially with the Municipal Court and the District Attorney' s Office. Lt. Guanajuato stated the City of Wharton needed to make some modifications to the acceptance resolution by clearly identifying the following: designation of the name and/ or title of the authorized official who was given the authority to apply for, accept, reject, alter, or terminate the grant and written assurance that, in the event of loss or misuse of grant funds, the governing body ( City of Wharton) would return all funds to the Office of the Governor. After some discussion, Councilmember Terry Freese moved to approve City of Wharton Resolution No. 2025- 31, which read as follows: CITY OF WHARTON RESOLUTION NO. 2025- 31 A RESOLUTION OF THE WHARTON CITY COUNCIL AMENDING RESOLUTION NO. 2025- 02 FOR GRANT NO. 5034401 IN- CAR CAMERA AND AUTHORIZING THE MAYOR OF THE CITY OF WHARTON TO EXECUTE ALL DOCUMENTS RELATED TO SAID GRANT. WHEREAS, The City of Wharton City Council approved a resolution on January 13, 2025, accepting a grant from the Governor' s Office for ten( 10) in-car cameras with maintenance and warranty through H- GAC, from October 1, 2024, through September 30, 2025; and, WHEREAS, The total amount of said grant is $ 100,945. 33 with no match required by the City; and, WHEREAS, In the event of loss or misuse of the grant funds, the City of Wharton will return all funds to the Office of the Governor; and, WHEREAS, The Wharton City Council wishes to authorize the Mayor of the City of Wharton to accept, reject, alter, or terminate the grant and to execute all documents related to said grant. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WHARTON, TEXAS as follows: Section I. That the Wharton Council hereby amends the resolution for the grant for in- car cameras with maintenance and warranty through H- GAC for the Wharton Police Department. Section II. In the event of loss or misuse of the grant funds, the City of Wharton will return all funds to the Office of the Governor. Section III. That the Wharton City Council hereby authorizes the Mayor of the City of City of Wharton City Council Regular Meeting Minutes- April 28, 2025 Page 5 of 10 Wharton to accept, reject, alter, or terminate the grant and execute, on behalf of the City of Wharton, all documents related to said grant acceptance. Section IV. That this resolution shall become effective immediately upon its passage. Passed, Approved, and Adopted this 28th day of April 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 sixth item on the agenda was to review and consider a resolution of the Wharton City Council amending Resolution No. 2024-20 and approving a revised resolution to the Office of the Governor, Operation Lone Star for the Wharton Police Department and authorizing the Mayor of theCity of Wharton to execute all documents related to said grant. Police Lt. Ariel Soltura presented a copy of the draft resolution rescinding Resolution No. 2024- 20 and approving a revised resolution to the Office of the Governor, Operation Lone Star for the Wharton Police Department. Lt. Soltura stated the previous verbiage did not meet the requirements, as it lacked this section: The Wharton City Council agrees that in the event of loss or misuse of the Office of the Governor funds, the Wharton City Council assures that the funds will be returned to the Office of the Governor in full." He said that if approved, the updated resolution would include the above section, which would satisfy the grant' s requirements, allowing the Police Department to be ( and remain) compliant. After some discussion, Councilmember Terry Freese moved to approve City of Wharton Resolution No. 2025- 32, which read as follows: CITY OF WHARTON RESOLUTION NO. 2025- 32 i City of Wharton City Council Regular Meeting Minutes- April 28, 2025 Page 6 of 10 A RESOLUTION OF THE WHARTON CITY COUNCIL AMENDING RESOLUTION NO. 2024- 20 AND APPROVING A REVISED RESOLUTION TO THE OFFICE OF THE GOVERNOR, OPERATION LONE STAR FOR THE WHARTON POLICE DEPARTMENT AND AUTHORIZING THE MAYOR OF THE CITY OF WHARTON TO EXECUTE ALL DOCUMENTS RELATED TO SAID GRANT. WHEREAS, The Wharton City Council wishes to rescind Resolution No. 2024-20 and approve a revised resolution to the Office of the Governor, Operation Lone Star for the Wharton Police Department to enhance interagency border security operations, by including the facilitation of direct actions to deter and interdict criminal activity and detain non- citizen inmates; and, WHEREAS, Said grant is for a one ( 1) year period beginning September 1, 2024, and ending on August 31, 2025, in the amount of$209,454. 87; and, WHEREAS, The Wharton City Council agrees to provide applicable matching funds for the said project as required by the Operation Lone Star Grant Program; and, WHEREAS, The Wharton City Council agrees that in the event of loss or misuse of the Office of the Governor funds, the Wharton City Council assures that the funds will be returned to the Office of the Governor in full; and, WHEREAS, The Wharton City Council designates Mayor Tim Barker as the grantee' s authorized official. The authorized official is given the power to apply for, accept, reject, alter, or terminate the grant on behalf of the applicant agency. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WHARTON, TEXAS: SECTION I. The Wharton City Council hereby amends Resolution No. 2024- 20 and approves a revised resolution to the Office of the Governor, Operation Lone Star for the Wharton Police Department. SECTION II. The Wharton City Council hereby designates the Mayor, Tim Barker, as the grantee' s authorized official to apply for, accept, reject, alter, or terminate the grant and execute all documents related to said grant. SECTION III. In the event of loss or misuse of the grant funds, the City of Wharton will return all funds to the Office of the Governor. SECTION IV. That this resolution shall become effective immediately upon its passage. PASSED, APPROVED, and ADOPTED this 28th day of April 2025. CITY OF WHARTON City of Wharton City Council Regular Meeting Minutes- April 28, 2025 Page 7 of 10 TIM BARKER Mayor ATTEST: PAULA FAVORS City Secretary Councilmember David Voulgaris 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 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. Director of Planning & Development Gwyn Teves stated that on February 4, 2019, the Mayor was notified that the City had been awarded Community Development Block Grant - Disaster Recovery( CDBG-DR) funds in the amount of$2 million dollars for the CDBG- DR 2016 Floods Program. Director Teves said that seven( 7) applicants had new homes completed, and one 1) applicant had completed the process and was ready for construction. She said that bids were solicited and received on April 11, 2025, from JWTC and Arkitektura and were reviewed by GrantWorks. Director Teves stated that it was the City Staff s recommendation that the City Council award the contract to James W. Turner Construction ( JWTC) based on the recommendation of GrantWorks and previous satisfactory experience with the contractor. After some discussion, Councilmember Russell Machann moved to approve City of Wharton Resolution No. 2025- 33, which read as follows: CITY OF WHARTON RESOLUTION NO. 2025- 33 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 W. Turner Construction JWTC) for the 2016 Community Development Block Grant — Disaster Recovery  u City of Wharton City Council Regular Meeting Minutes- April 28, 2025 Page 8 of 10 CDBG-DR) Grant Programs administered by the Texas General Land Office( GLO) for construction services; 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 hereby awards services to James W. Turner Council Construction ( JWTC) for the 2016 Community Development Block Grant — Disaster Recovery ( CDBG- DR) Grant Programs administered by the Texas General Land Office ( GLO) for construction services. 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. Passed, Approved, and Adopted this 28t' day of April 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 eighth 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 ninth 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 tenth item on the agenda was to review and consider appointments, resignations, and vacancies to the City of Wharton Boards, Commissions, and Committees: A. Resignations. City of Wharton City Council Regular Meeting Minutes- April 28, 2025 Page 9 of 10 B. Appointments. C. Vacancies. After some discussion, no action was taken. The eleventh item on the agenda was to review and consider the City Council Boards, Commissions, and Committee Reports: A. Finance Committee meeting held on April 14, 2025. After some discussion, no action was taken. The twelfth item on the agenda was to review and consider the 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: 21 p. m. CITY OF WHARTON, TEXAS By: dZ— / L2/ TIM BARKER Mayor City of Wharton City Council Regular Meeting Minutes- April 28, 2025 Page 10 of 10 T: a r)C, J, ULA FAAYRK City Secretary Qp.