City Council Regular Meeting

MINUTES OF CITY OF WHARTON CITY COUNCIL REGULAR MEETING OCTOBER 27, 2025 Mayor Tim Barker declared the Regular Meeting duly open for the transaction of business at 7: 00 P. M. Councilmember Burnell Neal led the opening devotion, and Mayor Tim Barker led the pledge of allegiance. Councilmembers present were: Mayor Tim Barker, Councilmembers Terry Freese, Burnell Neal, Russell Machann, Larry Pittman, Steve Schneider, and David Voulgaris. Councilmembers absent were: None. Staff members present were: City Manager Joseph R. Pace; Finance Director, Joan Andel; Assistant City Manager/ City Secretary, Paula Favors; Assistant to the City Manager, Brandi Jimenez; Police Chief, Terry David Lynch; Emergency Management Coordinator, Lt. Ben Guanajuato; and Public Works Director, Roderick Semien. Visitors: Amelia Dominguez, Cleveland of Hesed House, and Stephanie Konvicka of Hesed House. Roll Call and Excused Absences. All Councilmembers were present. Public Comments. Mayor Tim Barker called for Public Comments. No comments were given. Wharton Moment. Mayor Tim Barker called for Wharton Moments. The following Wharton Moments were given: 1. Mayor Tim Barker gave his condolences to Councilmember Russell Machann for the recent loss of his mother- in- law. He said services would be held in San Angelo. 2. Councilmember Russell Machann thanked the Wharton Police Department and the Wharton Emergency Medical Services( EMS) Department for their excellent service while responding to his mother-in-law' s medical emergency. 3. Police Chief Terry David Lynch stated that some of the staff of the Wharton Police Department participated in the 100 Club' s Sporting Clay Fundraising event held at the Wharton County Fairgrounds on Saturday, October 18, 2025. Police Chief Lynch said that, even though they did not place first, they outscored the City of El Campo Police Department. Review and Consider: City of Wharton City Council Regular Meeting Minutes- October 27, 2025 Page 2 of 8 The first item on the agenda was to review and consider the City of Wharton Financial Report for September 2025. Finance Director Joan Andel presented the City of Wharton Financial Report for September 2025. After some discussion, Councilmember Russell Machann moved to approve the City of Wharton Finance Report for September 2025. Councilmember Terry Freese seconded the motion. All voted in favor. The second item on the agenda was to review and consider a request from Ms. Amelia Dominguez Cleveland of Hesed House for the following for the Moonlight Market on November 22, 2025, at 421 West Colorado Street/ Dinosaur Park: A. Close Colorado Street between Richmond Road and Gallagher Street from 4: 00 p. m. until 10: 00 p. m. on Saturday, November 22, 2025. B. Two (2) or three ( 3) Police Officers for safety. C. Waiver to sell alcohol on City property and allow alcohol consumption in the park. D. Waiver of the noise ordinance to allow music from 5: 00 p. m. to 9: 00 p.m. E. Provide 10- 15 trash containers and bags. F. Allow people movers/ golf carts to avoid heavy foot traffic crossing Richmond Road. Ms. Dominguez, Cleveland, and Mrs. Stephanie Konvicka presented a request that includes the items mentioned above. Mrs. Konvicka stated that they were requesting the removal of requests A., B., and F. After some discussion, Councilmember Terry Freese moved to approve the aforementioned items C., D., and E. Councilmember Russell Machann seconded the motion. All voted in favor. The third item on the agenda was to review and consider a resolution of the Wharton City Council approving the purchase of a ValveMaster Portable Valve Exerciser Model 98003 from Core & Main through the HGAC Cooperative Purchasing Program and authorizing the City Manager to execute all documents related to said purchase. Public Works Director Roderick Semien presented a copy of a quote for the purchase of a ValveMaster Portable Valve Exerciser Model 98003 from Core & Main through the HGAC Cooperative Purchasing Program. Public Works Director Semien said the machine would enhance the efficiency of opening and closing gate valves and eliminate fatigue from manual operation. He said the price was listed at $ 11, 725. After some discussion, Councilmember Terry Freese moved to approve City of Wharton Resolution No. 2025- 76, which read as follows: CITY OF WHARTON RESOLUTION NO. 2025- 76 A RESOLUTION OF THE WHARTON CITY COUNCIL APPROVING THE PURCHASE OF A VALVEMASTER PORTABLE VALVE EXERCISER MODEL 98003 FROM CORE MAIN THROUGH THE HGAC COOPERATIVE PURCHASING PROGRAM AND AUTHORIZING THE CITY MANAGER TO EXECUTE ALL DOCUMENTS RELATED TO SAID PURCHASE. City of Wharton City Council Regular Meeting Minutes- October 27, 2025 Page 3 of 8 WHEREAS, The Wharton City Council wishes to approve the purchase of a ValveMaster Portable Valve Exerciser Model 98003 for the Public Works Department; and, WHEREAS, The City of Wharton is a member of and participates in the HGAC Cooperative Purchasing Program; and, WHEREAS, Core& Main submitted a quote in the amount of$ 11, 725. 00; and, WHEREAS, The Wharton City Council wishes to approve Core & Main for the purchase of a ValveMaster Portable Valve Exerciser Model 98003 in the amount of$ 11, 725. 00 for the Public Works Department; 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 authorizes the City Manager to purchase a ValveMaster Portable Valve Exerciser Model 98003 for the Public Works Department from Core Main through the HGAC Cooperative Purchasing Program in the amount of 11, 725. 00. SECTION II. The Wharton City Council hereby authorizes the City Manager to execute all documents related to the purchase. SECTION III. That this resolution shall become effective immediately upon its passage. PASSED, APPROVED, and ADOPTED this 27th day of October 2025. CITY OF WHARTON TIM BARKER Mayor ATTEST: PAULA FAVORS City Secretary Councilmember Larry Pittman seconded the motion. All voted in favor. The fourth item on the agenda was to review and consider an ordinance amending the City of Wharton Code of Ordinances, Chapter 10, alcoholic beverages and restricted smoking materials, section 10- 1; providing that a violation of the Ordinance or any part of the code as adopted hereby City of Wharton City Council Regular Meeting Minutes- October 27, 2025 Page 4 of 8 shall constitute a penalty upon conviction of a fine; providing for separability and setting an effective date. City Secretary Paula Favors stated there was a change in the law and Local Fees for Texas Alcoholic Beverage Commission ( TABC) Licenses and Permits. Mrs. Favors said a City, Town, or County may not levy a local fee under Tex. Alco. Bev. Code Sec. 11. 38 or 61. 36 upon a business that obtains or renews a TABC license or permit if the licensed or permitted premises are a food establishment that has already paid a fee to operate to DSHS or to any county, municipality, or public health district. She said that the City charged half of the annual license fee from TABC, and City Staff was requesting to remove the fee altogether, even from those businesses that do not serve food. Mrs. Favors stated the estimated cost for the potential loss of revenue would be $ 1, 300 annually. After some discussion, Councilmember David Voulgaris moved to approve City of Wharton Ordinance No. 2025- 22, which read as follows: CITY OF WHARTON ORDINANCE NO. 2025- 22 AN ORDINANCE AMENDING THE CITY OF WHARTON CODE OF ORDINANCES, CHAPTER 10, ALCOHOLIC BEVERAGES AND RESTRICTED SMOKING MATERIALS, SECTION 10- 1; 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 SEPARABILITY AND SETTING AN EFFECTIVE DATE. BE IT ORDAINED by the City Council of the City of Wharton, Texas: WHEREAS it is the desire of the City of Wharton Code of Ordinances to read as follows: CHAPTER 10 — ALCOHOLIC BEVERAGES AND RESTRICTED SMOKING MATERIALS Sec. 10- 1. Licenses. a) It shall be unlawful for any person to engage in the business of selling, distributing, manufacturing, or otherwise dealing in alcoholic beverages within the city, without first obtaining a license to do so. For the purpose of this section, such businesses shall be classified and defined as provided in V.T.C. A., Alcoholic Beverage Code chs. ch. 11 et seq. and ch. 61 et seq. b) The City Secretary shall certify on the Texas Alcoholic Beverage Commission application whether the location is located in an area that is wet and that the sale of alcoholic beverages at this location is not prohibited by charter or ordinance. The City Secretary shall keep a record of all applications certified under this chapter. Fine and Penalty for Violations City of Wharton City Council Regular Meeting Minutes- October 27, 2025 Page 5 of 8 Any person violating any of the terms or provisions of this article shall be guilty of a misdemeanor and, upon conviction, shall be fined in any sum not less than$ 100. 00 nor more than the maximum provided in sections 1- 5 for each offense. If the terms or provisions of this article are violated by any corporation or firm, the officers and agents actively in charge of the business of such corporation or firm and the person actually performing the work for such corporation or firm shall be subject to the penalties provided in this section. Separability 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 November 2025. Passage and Approval PASSED,h APPROVED, AND ADOPTED by the City Council of the City of Wharton, Texas, on the 27 day of October 2025. CITY OF WHARTON, TEXAS By: TIM BARKER Mayor ATTEST: APPROVED AS TO FORM: PAULA FAVORS PAUL WEBB City Secretary City Attorney Councilmember Larry Pittman 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 approving amendments to the By- Laws of the Wharton Economic Development Corporation. City City of Wharton City Council Regular Meeting Minutes- October 27, 2025 Page 6 of 8 Manager Joseph R. Pace stated the item would be pulled from the agenda pending further legal review from City Attorney Paul Webb. After some discussion, no action was taken. The sixth item on the agenda was to review and consider a resolution of the Wharton City Council designating a City of Wharton Representative and Alternate to the Houston- Galveston Area Council 2026 General Assembly. Assistant to the City Manager Brandi Jimenez presented a document from the Houston- Galveston Area Council ( H- GAC) requesting the City of Wharton to designate a City of Wharton representative and alternate representative to the H- GAC 2026 General Assembly. Mrs. Jimenez stated the current representatives were Councilmember Burnell Neal and Alternate Councilmember Russell Machann. After some discussion, Councilmember Russell Machann moved to approve City of Wharton Resolution No. 2025- 77, which read as follows: CITY OF WHARTON RESOLUTION NO. 2025- 77 A RESOLUTION DESIGNATING A CITY OF WHARTON REPRESENTATIVE AND ALTERNATE TO THE HOUSTON- GALVESTON AREA COUNCIL 2026 GENERAL ASSEMBLY. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WHARTON, TEXAS, that Councilmember Burnell Nea11 be, and is hereby designated as its Representative to the General Assembly of the Houston- Galveston Area Council for the year 2026. FURTHER, that the Official Alternate authorized to serve as the voting representative should the hereinabove named representative become ineligible, or should he/ she resign, is Councilmember Russell Machann. THAT, the Executive Director of the Houston- Galveston Area Council be notified of the designation of the hereinabove- named representative and alternate. Passed, Approved, and Adopted this 27th day of October 2025. CITY OF WHARTON, TEXAS By: TIM BARKER Mayor ATTEST: City of Wharton City Council Regular Meeting Minutes- October 27, 2025 Page 7 of 8 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 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 eighth 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. City Manager Joseph R. Pace stated two applications were received for the Wharton Economic Development Corporation ( WEDC) Board of Directors. City Manager Pace said it was the City Staffs recommendation to have the City Attorney review the newly presented Bylaws of the Corporation before appointing a new Boardmember. After some discussion, Councilmember Russell Machann moved to table the appointment of a new Boardmember to the Wharton Economic Development Corporation ( WEDC) pending the review of the proposed Bylaws. Councilmember Larry Pittman seconded the motion. All voted in favor. The ninth item on the agenda was to review and consider the City Council Boards, Commissions, and Committee Reports: A. Finance Committee Meeting held October 13, 2025. After some discussion, no action was taken. The tenth 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. City of Wharton City Council Regular Meeting Minutes- October 27, 2025 Page 8 of 8 L. Weedy Lots/ Sign Ordinance. M. Wharton Regional Airport. After some discussion, no action was taken. Adjournment. Councilmember David Voulgaris moved to adjourn the meeting. The meeting was adjourned at 7: 19 p.m. CITY OF WHARTON, TEXAS By: s. .._ TIM BARKER Mayor ATTE A LA FAVORS ty Secretary r Y'