City Council Regular Meeting

MINUTES OF CITY OF WHARTON CITY COUNCIL REGULAR MEETING SEPTEMBER 08, 2025 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 Mayor Tim Barker, Councilmembers Terry Freese, present were: Burnell Neal, Russell Machann, Steve Schneider, and David Voulgaris. Councilmember absent was: Larry Pittman. Staff members present were: City Manager, Joseph R. Pace; City Secretary/Assistant City Manager, Paula Favors, CPM, TRMC, MMC; City Attorney, Paul Webb; Finance Director, Joan Andel; Assistant to the City Manager, Brandi Jimenez; Police Chief, Terry David Lynch; and Airport Manager Dwayne Pospisil. Visitors present were: Susie Carlson, Paula Prince, Wharton Economic Development Coordinator, Courtland Holman, and Colby Primeaux with the Wharton County Leader Journal. Roll Call and Excused Absences. After some discussion, Councilmember David Voulgaris moved to excuse Councilmember Larry Pittman. Councilmember Russell Machann seconded the motion. All voted in favor. Public Comments. Mayor Tim Barker called for Public Comments. No comments were made. Wharton Moment. Mayor Tim Barker called for the Wharton Moment. Councilmember Burnell Neal stated there was a great turnout at the Gun Show held at the Wharton Civic Center. City Manager Joseph R. Pace stated the Rotary Gala would be hosted at the Wharton Civic Center at the end of September. Public Hearing 1. Public Hearing: Proposed Budget for the City of Wharton, Texas, Fiscal Year October 1, 2025, to September 30, 2026. City of Wharton City Council Regular Meeting Minutes- September 08, 2025 Page 2 of 8 Mayor Tim Barker opened the Public Hearing on the Proposed Budget for the City of Wharton, Texas, Fiscal Year October 1, 2025, to September 30, 2026, at 7: 04 p. m. No comments were made. Mayor Tim Baker closed the Public Hearing on the Proposed Budget for the City of Wharton, Texas, Fiscal Year October 1, 2025, to September 30, 2026, at 7: 05 p.m. Review and Consider: The first item on the agenda was to review and consider the reading of the minutes from the regular meetings held on August 11 2025, and August 25 2025 and the special meeting held on August 6, 2025. After some discussion, Councilmember Russell Machann moved to approve the reading of the minutes from the regular meetings held on August 11, 2025, and August 25, 2025, and the special meeting held on August 6, 2025. Councilmember Steve Schneider seconded the motion. All voted in favor. The second item on the agenda was to review and consider a request from Ms. Paula Prince of 2847 Golf Crest Dr., Golf Crest Estates, Lot 8 & 9, for the following variances: A. 6ft fence in front yard from the required 4ft per ordinance. B. No site visibility triangle at the intersection of Old Lane City Rd. & Old Caney Rd. City Secretary Paula Favors presented a copy of a request from Ms. Paula Prince of 2847 Golf Crest Dr., Golf Crest Estates, Lot 8 & 9, for the following variances: A. 6ft fence in front yard from the required 4ft per ordinance. B. No site visibility triangle at the intersection of Old Lane City Rd. & Old Caney Rd. Mrs. Favors stated that the Planning Commission met and was recommending that the City Council consider not approving the request. Councilmember Terry Freese abstained from the discussion. After some discussion, no motions were made. The third item on the agenda was to review and consider a request from Generator Supercenter of Victoria on behalf of Mary Grissom of 1211 N. Fulton St., Rust &Kelly, Block 1, Lot 3, for a variance of 4 feet from the required 5- foot side setback for generator installation. City Secretary Paula Favors presented a request from Generator Supercenter of Victoria on behalf of Mary Grissom of 1211 N. Fulton St., Rust &Kelly, Block 1, Lot 3, for a variance of 4 feet from the required 5- foot side setback generator installation. for Mrs. Favors stated the Planning Commission was recommending that the City Council consider approving the request since it was needed for medical purposes. After some discussion, Russell Machann moved to approve the request from Generator Supercenter of Victoria on behalf of Mary Grissom of 1211 N. Fulton St., Rust & Kelly, Block 1, Lot 3, for a variance of 4 feet from the required 5- foot side setback for generator installation. Councilmember Steves Schneider seconded the motion. All voted in favor. The fourth item on the agenda was to review and consider a request from Mr. Stephen Wisnieski on behalf of My Storehouse I& II ( Wisnieski Development) for replat of 7. 779 acres of land City of Wharton City Council Regular Meeting Minutes- September 08, 2025 Page 3 of 8 situated in the William Kincheloe League, Abstract No. 38, City of Wharton, Wharton County, Texas. City Secretary Paula Favors presented a copy of a request from Mr. Stephen Wisnieski on behalf of My Storehouse I& II( Wisnieski Development) for a replat of 7. 779 acres of land situated in the William Kincheloe League, Abstract No. 38, City of Wharton, Wharton County, Texas. Mrs. Favors stated the Planning Commission was recommending that the City Council consider approving the request. After some discussion, Councilmember Burnell Neal moved to approve the request from Mr. Stephen Wisnieski on behalf of My Storehouse I & II ( Wisnieski Development) for the replat of 7. 779 acres of land situated in the William Kincheloe League, Abstract No. 38, City of Wharton, Wharton County, Texas. Councilmember David Voulgaris 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 ratifying and approving the purchase of a Raven Handheld X-ray Scanner for the Police Department from Viking Detection and authorizing the City Manager to execute all documents related to said ratification. Chief Terry David Lynch presented a copy of the quote from Viken Detection for a Raven Handheld X-ray Scanner, which included one day of on- site training and shipping in the amount of $69,205.00. Chief Lynch stated Viken Detection was a sole- source vendor. He said that the item was being funded through the Lone Star Grant. Chief Lynch stated the City Staff was requesting to ratify this purchase, as the end of the grant was August 31, 2025, and a budget adjustment to reallocate funds was initiated and approved by the Lone Star Grant Administrator. After some discussion, Councilmember Russell Machann moved to approve City of Wharton Resolution No. 2025- 65, which read as follows: CITY OF WHARTON RESOLUTION NO. 2025- 65 A RESOLUTION OF THE WHARTON CITY COUNCIL RATIFYING AND APPROVING THE PURCHASE OF A RAVEN HANDHELD X- RAY SCANNER FOR THE POLICE DEPARTMENT FROM VIKEN DETECTION AND AUTHORIZING THE CITY MANAGER TO EXECUTE ALL DOCUMENTS RELATED TO SAID RATIFICATION. WHEREAS, The City of Wharton Police Department still had remaining funds from the Lone Star Grant; and, WHEREAS, The said fund had a deadline of August 31, 2025; and, WHEREAS, The City of Wharton Police Department purchased a Raven Handheld X-ray Scanner from Viken Detection; and, WHEREAS, The total cost of the equipment is $ 69, 205. 00; and, WHEREAS, The Wharton City Council ratifies and approves the purchase of a Raven Handheld X-ray Scanner from Viken Detection, in the amount of$ 69, 205. 00, and wishes to authorize the City Manager to execute all documents related to said ratification. City of Wharton City Council Regular Meeting Minutes- September 08, 2025 Page 4 of 8 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WHARTON, TEXAS as follows: Section I. The Wharton City Council hereby ratifies and authorizes the City Manager of the City of Wharton to execute all documents related to the purchase of a Raven Handheld X-ray Scanner from Viken Detection, in the amount of$ 69, 205. 00. Section II. That this resolution shall become effective immediately upon its passage. Passed, Approved, and Adopted this 8`" day of September 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 sixth item on the agenda was to review and consider a resolution of the Wharton City Council approving an agreement between the City of Wharton and the Texas Department of Transportation Aviation Division for the Routine Airport Maintenance Program, TXDOT CSJ NO. M2613WHRT for the airport maintenance at the Wharton Regional Airport and authorizing the Mayor of the City of Wharton to execute all documents related to said contract. Airport Manager Dwayne Pospisil presented a copy of the Texas Department of Transportation Routine Airport Maintenance Program( RAMP) form for FY2026— Project ID: M2613 WHRT. Mr. Pospisil stated this program allowed the airport to be reimbursed for ninety percent ( 90%) of the eligible project costs for this project, or $ 100, 000. 00, whichever is less, per fiscal year, subject to the availability of state appropriations. He said the airport had participated in this grant program for many years. After some discussion, Councilmember Terry Freese moved to approve the City of Wharton Resolution No. 2025- 66, which read as follows: CITY OF WHARTON RESOLUTION NO. 2025- 66 A RESOLUTION OF THE WHARTON CITY COUNCIL APPROVING AN AGREEMENT BETWEEN THE CITY OF WHARTON AND THE TEXAS DEPARTMENT OF TRANSPORTATION AVIATION DIVISION, FOR THE ROUTINE City of Wharton City Council Regular Meeting Minutes- September 08, 2025 Page 5 of 8 AIRPORT MAINTENANCE PROGRAM, TXDOT CSJ NO. M2613WHRT FOR THE AIRPORT MAINTENANCE AT THE WHARTON REGIONAL AIRPORT AND AUTHORIZING THE MAYOR OF THE CITY OF WHARTON TO EXECUTE ALL DOCUMENTS RELATED TO SAID CONTRACT. WHEREAS, The Wharton City Council wishes to conduct maintenance to the Wharton Regional Airport under the 2026 Routine Airport Maintenance Program; and, WHEREAS, The Texas Department of Transportation Aviation Division and the City of Wharton wishes to enter into an agreement under the 2026 Routine Airport Maintenance Program for airport maintenance at the Wharton Regional Airport; and, WHEREAS, The Wharton City Council wishes to authorize the Mayor the City of Wharton to execute all documents related to the contract. 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 a contract with the Texas Department of Transportation Aviation Division for the 2026 Routine Airport Maintenance Program. Section. II. That the Texas Department of Transportation Aviation Division and the City of Wharton are hereby bound by the conditions as set forth in the agreement. Section III. That the Wharton City Council hereby authorizes the Mayor of the City of Wharton to execute all documents related to the contract. Section IV. That this resolution shall become effective immediately upon its passage. Passed, Approved, and Adopted this Bch day of September 2025. CITY OF WHARTON By: TIM BARKER Mayor ATTEST: PAULA FAVORS City Secretary City of Wharton City Council Regular Meeting Minutes- September 08, 2025 Page 6 of 8 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 approving a Mutual- Aid Agreement between the Wharton Police Department and the Sheriff' s Offices of Various Texas Counties and Agencies for cooperation on law enforcement and authorizing the City Manager of the City of Wharton to execute all documents related to said agreement. Chief of Police Terry David Lynch presented a copy of a Mutual- Aid Agreement between the Wharton Police Department and the Sheriff' s Offices of Various Texas Counties and Agencies. Chief Lynch stated the agreement simply consolidated the other Mutual-Aid Law by including the City of Wharton. After some discussion, Enforcement Task Force Agreements Councilmember Russell Machann moved to approve the City of Wharton Resolution No. 2025- 67, which read as follows: CITY OF WHARTON RESOLUTION NO. 2025- 67 A RESOLUTION OF THE WHARTON CITY COUNCIL APPROVING A MUTUAL- AID AGREEMENT BETWEEN THE WHARTON POLICE DEPARTMENT AND THE SHERIFF' S OFFICES OF VARIOUS TEXAS COUNTIES AND AGENCIES FOR COOPERATION ON LAW- ENFORCEMENT AND AUTHORIZING THE CITY MANAGER OF THE CITY OF WHARTON TO EXECUTE ALL DOCUMENTS RELATED TO SAID AGREEMENT. WHEREAS, The City of Wharton City Council wishes to enter into a Mutual- Aid Agreement between the Wharton Police Department and the Sheriff' s Offices of Various Texas Counties and Agencies; and, WHEREAS, The member counties and agencies intend to extend to the deputies and officers employed by the counties and agencies the authority to investigate possible crimes and to make arrests throughout the region or area covered in said agreement; and, WHEREAS, The Wharton Police Department has a mixed public- safety radio system, and part of the system has VHF, P25 Phase 1 Towers, and part has 700 MHz towers; and, WHEREAS, Existing member counties and the Wharton Police Department will separately document one another' s right to program their radios on their respective public safety radio systems; and, WHEREAS, The Wharton City Council wishes to authorize the City Manager of the City of Wharton to execute all documents relating to said Mutual- Aid Agreement. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WHARTON, TEXAS: SECTION I. The Wharton City Council hereby approves the Mutual- Aid Agreement between the Wharton Police Department and the Sheriffs Offices of Various Texas Counties and Agencies. City of Wharton City Council Regular Meeting Minutes- September 08, 2025 Page 7 of 8 SECTION II. The Wharton City Council hereby authorizes the City Manager ofthe City of Wharton to execute all documents related to said Mutual- Aid Agreement. SECTION III. That this resolution shall become effective immediately upon its passage. PASSED, APPROVED, and ADOPTED this 8th day of September 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 the Wharton Economic Development Corporation Fiscal Year 2025- 2026 Annual Budget. Mr. Courtland Holman presented a copy of the Wharton Economic Development Corporation Fiscal Year 2025- 2026 Annual Budget. After some discussion, Councilmember Russell Machann moved to approve the Wharton Economic Development Corporation Fiscal Year 2025- 2026 Annual Budget. Councilmember David Voulgaris seconded the motion. All voted in favor. The ninth 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. Executive Session 1. The Council will convene in closed session pursuant to Section 551. 071 of the Texas Government Code for consultation with its attorney concerning pending or contemplated litigation and on a matter in which the duty of the attorney under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas conflict with Chapter 551 of the Texas Government Code. City of Wharton City Council Regular Meeting Minutes- September 08, 2025 Page 8 of 8 Mayor Tim Barker moved the meeting into Executive Session at 7: 20 p.m. Return to Open Session 1. Return to Open Meeting. Mayor Tim Barker returned the meeting to open session at 7: 39 p.m. Mayor Barker stated that information had only been received. Councilmember David Voulgaris moved to adjourn the meeting. The meeting adjourned at 7: 39 p. m. CITY OF WHARTON, TEXAS By: TIM B R Mayor ST: P LA FAVORS City Secretary it