CITY OF PALACIOS, TEXAS  REGULAR CITY COUNCIL MEETING  MINUTES January 26, 2023  REGULAR CITY COUNCILI MEETING  AI regular City Council meeting was held by the City Council oft the City of Palacios on. January 26, 2023,  at6 6:00 p.m., in Council Chambers located at311 Henderson, Palacios, Texas 77465. Mayor. Jim Gardner called the City Council meeting to order at 6:01PM.  CALLTOORDER  CERTIFICATION OF A QUORUM Mayor. Jim Gardner certified ag quorum was present. ATTENDANCE) ROLLCALL Mayor, Jim Gardner, Present Councilmember Place 6, Vacant Councilmember Place 5, Raylynn Samora, Absent Councilmember, Place 4, Troy Lewis, Present Councilmember. Place 3, Chip Woolf Present Councilmember, Place 2, Sharon Trainor, Present Councilmember Place 1, Larry Glenn, Present CITYSTAFF INA ATTENDANCE: Cynthia Raleigh, City Manager Annel Marie Odefey, City Attorney Tammy McDonald, Finance. Director Aleigha Galvan, City Secretary Tobie Bias, Police Chief Ryan. Adams, Code Compliance Manuel Guevara, Public Works Foreman Sergeant Steven. Johnson Officer. Ross Hrncir Officer. Erasmo Torres Officer Corey Dunlap Officer Mike Mirelez Stewart. Foley, Animal Care Services INVOCATION. &1 PLEDGES Palacios Flags. ANNOUNCEMENTS:  Councilmember Lewis ledi the Council, Staff and Citizens in prayer and pledges tot the US., Texas, and  Mayor's Announcements Mayor Gardner notified Council and public of various events Councilmember's Amouncements- Councilmember Glenn made a public apology for  happening int the following months. flared tempers at the last council meeting.  CEREMONY:Ofeer. Michael Mirelezi wass sworni inl by Police ChiefTobie Bias andy pinned by his mother.  CITIZEN COMMUNICATIONI FORUM: - Public Comments  Phil. Fletcher spoke about the Luther Hotel, and previous owner. Jack Findley's passion for the hotel. Fletcher asked Council to support the effort to prevent demolition ofthe Luther Hotel.  CITY OFF PALACIOS REGULAR CITY COUNCIL MEETING MINUTES JANUARY: 26, 2023    Sandra Davidson read a letter from the Matagorda County Historical Commission, and spoke about the history ofthe Luther Hotel, and it's importance fort the city ofPalacios. Harvey Davidsoni read al letter from. Anne Sauser regarding the demolition ofthe Luther Hotel. 1. Presentation on Finall Report Dismissing Litigation Cause No. 22-F-0245, in the 130th Judicial District Court of Matagorda County, Texas, Joseph Monk and Mark Rusk, Contestants V.. James L. Gardner as Mayor and City of Palacios, Contestees.. Presented by Anne Marie Odefey. City. Attorney Odefey notified Council and the public of the results 2. Police Department Annual Update Presented by Tobie Bias, Chief of Police. Bias explained the handout regarding the Palacios Police Department for the 2022 year. This 3. Insurance Services Office, Inc (ISO) Public Protection Classification of the City of Palacios Presented by Cynthia. Raleigh, City Manager. Raleigh explained the information that has been provided to the insurance company, and that the City is waiting. for a Pursuant to Texas Government Code $551.072, discuss the sale or lease of city-owned properties. MOTION MADE. BY MAYOR GARDNER. FORTHE CITY TO CONVEYTO THE FOEC THE. BUILDING AND LAND ON PROPERTY #12671 FORTHEIR. NON- PROFIT CORPORATION PURSUANT TO THE REQUIREMENTS OF TEXAS GOPERMMENTCODE, $253.011. SECONDED: COUNCILMEMBER GLENN. PASSED Pursuant to Texas Government Code $551.071(1) to discuss pending litigation styled Cause No. 23-H-0013, in the 23rd Judicial District Court of Matagorda County, Texas, Margaret Doughty and Edith Gower V. City of Palacios, Texas and the Estate of Harold Pursuant to Texas Government Code $551.071(1) to discuss contemplated litigation and pending EEOC Case No. 460-2023-02020, Perk O. Ostrewich V. City of Palacios Police Pursuant to Texas Government Code $551.074, to discuss the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal ofa public officer or employee, to-wit: Palacios Economic Development Corporation Board Members and City Council RECONVENE TO OPEN/ REGULAR SESSION: Council resumed regular session at City Council shall reconvene: in Open Session andi may discuss, consider, and take possible action on any item listed above that was considered and discussed in Executive/Closed  PRESENTATIONS:  regarding the lawsuit.  document will be placed on the city website.  responsej from them.  CLOSED/ EXECUTIVE SESSION: Council entered Executive Session at 6:27pm.  UNANIMOUSLY  Jack Findley. NOACTIONTAKEN, Department. NO. ACTIONTAKEN. Member.. NOACTIONTAKEN.  7:40pm.  Session (Ifr necessary). CONSENT. AGENDA ITEMS  1. Minutes Discuss and approve the minutes oft the. January 12, 2023, regular City Council Meeting. 4. Amendment to 2023 General Elections Services Contract between Matagorda County and the City of] Palacios toi include Special Election Approve amended election contract toi include both general and special election services between thel Matagorda County Clerk and the City of MOTION. MADE. BYC COUNCILMEMBER GENYTOACCEPTITENSI 1AND4. SECONDED: 2. Finall Reading of thei following Ordinance No. 2023-0-03: An Ordinance ofthe City Council of the City ofPalacios, Texas, annexing 9.2475 acres ofla land located withint thel Beachside Subdivision asf further described herein,i into the City'smunicipall boundaries, establishing the permanent: zoning oft the newly annexed territory, and declaring ane effective date. Presented by Anne Marie Odefey, Attorney. MOTIONTOACCEPT, FINAL. READING OF ORDINANCENO. 2023-0-03. MADE BY COUNCILMEMBER WOOLF. SECONDED: COUNCILMEMBER LEWIS. PASSED  Palacios. City Manager, Cynthia Raleigh. SEEATTACHMENT"A" COUNCILMEMBER. LEWIS.. PASSED UNANIMOUSLY  CITY OFF PALACIOS REGULARI CITY COUNCIL MEETINGI MINUTES- - JANUARY: 26, 2023  2    UNANIMOUSLY AYES: COUNCILMEMBER GLENN, COUNCILMEMBER TRAINOR, COUNCILMEMBER WOOLF, COUNCILMEMBER LEWIS, MAYOR GARDNER ABSENT: 3. Finall Reading Ordinance! No. 2023-0-01 Reaffirming the establishment oft the Palacios Police Department approve thei final reading of Ordinance No. 2023-0-01 to-wit: An Ordinance ofthe city ofF Palacios, Texas, establishinga ap police department, requiring all police officers tol bel licensed, creating the position of chief of police, outlining the duties and responsibilities of the chief of police, and establishing the authority, duties and responsibilities of police officers; providing a savings clause, repealing conflicting ordinances, and providing an effective date Presented by Tobie Bias, Chief of Police. MOTION TO ACCEPT FINAL READING OF ORDINANCE NO. 2023-0-01 REAFFIRMING THE ESTABLISHMENT OF THE PALACIOS POLICE DEPARTMENT MADE BY COUNCILMEMBER GLENN. SECONDED: COUNCILMEMBER LEWIS. PASSED UNANIMOUSLY AYES: COUNCILMEMBER GLENN, COUNCILMEMBER TRAINOR, COUNCILMEMBER WOOLF, COUNCILMEMBER LEWIS, MAYOR GARDNER  COUNCILMEMBER: SAMORA, COUNCILMEMBERI DOTSON.  ABSENT: COUNCILMEMBER: SAMORA, COUNCILMEMBER DOTSON.  DISCUSSION AND ACTION] ITEMS:  1. Appointment of City Council Member for Place 6-1 Discuss and approve the appointment ofa City Councill Membert tof fill the vacancy of Place 6d due toar resignation. Presented. by Mayor, Jim Gardner. MOTION MADE BY COUNCILMEMBER LEWIS TO POST VACANCY IN LOCAL NEWSPAPER TO FIND. AN. INTIRIM UNTIL THE. MAY 6H SPECIAL ELECTION. MOTION DIED FOR LACK OF SECOND. MOTION MADE BY COUNCILMEMBER TRAINOR TO CHOOSE. DONNA HARVEYS SCHULMANTO FILL THE VACANCY. FOR. POSITION 6 UNTIL THE MAY 6H SPECIAL ELECTION. SECONDED: COUNCILMEMBER GLENN. PASSED DONNA HARVEY, SCHULMAN WAS SWORN. IN BY CITY ATTORNEY, ANNE MARIE ODEFEY, FOR 2. City-Wide Water Infrastructure Improvement Project Funding Discuss and approve a funding route and grant authority tot the City Manager to expend an application feei for said funding application. Cynthia Raleigh, City Manager, Presentation by Garver Engineering. Wade Parks with Garver. Engineering explained different competitive funding options for the project. MOTION TO MOVE FORWARD AUTHORIZING CITY MANAGER TO SIGN CONTRACT MADE BY COUNCILMEMBER WOOLF. SECONDED: COUNCILMEMBER GLENN. PASSED 3. Finall Reading of Peddlers, Vendors, and Food Trucks Ordinance No. 2022-0-15 Discuss and approve the first reading ofl Peddlers, Solicitors, Street Vendors, and Food" Trucks Ordinance to- wit: An Ordinancei regulating food trucks; providing for codification; fixing aj penalty for failure to comply with such ordinance; repealing any conflicting ordinances; and setting an effective date. Presented. by Ryan Adams, Code Compliance Officer. Adams explained changes that were made tot the fnal version ofthe ordinance.. MOTIONTOAPPROVEFMALREADINGOFORDINANCE NO. 2022-0-15 MADE BY COUNCILMEMBER WOOLF. SECONDED: COUNCILMEMBER SCHULMAN. MOTION TO AMEND ORIGINAL IN ITS ENTIRETY MADE BY COUNCILMEMBER WOOLF. SECONDED: COUNCILMEMBER GLENN. PASSED UNANIMOUSLY AYES: COUNCILMEMBER GLENN, COUNCILMEMBER TRAINOR, COUNCILMEMBERI WOOLF, COUNCILMEMBER LEWIS, COUNCILMEMBER SCHULMAN, 4. Codel Development Steering Committee. Discuss and approve selecting a Codel Development Steering Committee for Code Updates.. Presented. by Mayor Pro-Tem, Chip Woolf COUNCILMEMBER: WOOLF MADEAI MOTOYTDAPONTADAOC CODE DEVELOPMENT: STEERING COMMITTEE MEMBERSAND DEFINE THESCOPE OF THE COMMITTEE'SI WORK Pursuant to the CityofPalacios. Home Rule Charter Section 3.01(b) and the City of Palacios City Ordinances Article 1.04 Division 2 the City Council hereby appoints Chip Woolf chairman, Troy Lewis, Ron Laws, and Toni Laux to serve as the initial members of the Ad-Hoc Code Development Steering Committee to serve from now through. May of2024 unless their work can be completed: sooner: The Committee is charged with the task ofreviewing the City's existing ordinances relating  UNANIMOUSLY  POSITION6, ANDSCHULMANIOOK POSITIONATTHE. DIAS.  UNANIMOUSLY.  MAYOR GARDNER ABSENT: COUNCILMEMBER. SAMORA.  CITY OF PALACIOS REGULAR CITY COUNCIL MEETINGI MINUTES JANUARY: 26, 2023    tol land development and landi use within the City limits and within the City's extraterritorial jurisdiction for the purpose ofrecommending to the City's Planning Commission ordinances that are consistent with City's decision-making. guidelines contained: ini the City's Comprehensive Plan andi that create a more user friendly, more up-to-date and more. simplifiedz regulatory environment. SECONDED: COUNCILMEMBER GLENN. PASSED UNANIMOUSLE  5. Policy Approvals Discuss and approve the City's Fund Balance Policy, Investment Policy, and Fraud Policy as parts of the annual comprehensive financial audit. Tammy McDonald, Finance. MOTIONMADETOAPPROVE. RESOLUTIONNO. 2023-R-02. BYCOUNCIMEMBER WOOLF. 6. Appoint and establish terms of Economic Development: Board Members Discuss and appoint members to thel Economic Development Board ande establish terms for alll board members. Thomas Gwosdz, Attorney for the PEDC. Ballots were issuedt to Council to vote onl EDC. Members and their terms. COUNIMEMBER GLENN RECEIVED 5 VOTES. COUNCILMEMBER SAMORA RECEIVED 11 VOTE. DC DUNHAM, RECEIVED 61 VOTES. JOANNE LINDEN RECEIVED 3 VOTES. CLISSA. MILLSI RECEIVEDIVOTE. EDWARDI POPE. RECEIVED21 VOTE. APPICANIS CHOSEN WERE: JOANNE. LINDEN, AND DC DUNHAM. COUNCILMEMBER CHOSEN WAS LARRYGLENN. EDC. MEMBERS WITHTERMENDING, INI DECEMBER: 2023: KAITEHUTTO, MAYOR JIM GARDNER, MAYOR PRO TEM WOOLE, AND SANDRA CATLETT. EDC MEMBERS WITH TERM ENDING IN DECEMBER 2024: DC DUNHAM, JOANNE LINDEN, AND COUNCILMEMBER GLENN. MOTION TO. ACCEPT VOTES AND MEMBERS TERMS MADE BY COUNCILMEMBER WOOLF. SECONDED: COUNCILMEMBER. LEWIS. PASSED 7. Approve PEDC 2023 Downtown Sanitary Sewer Infrastructure Improvement Project. Approve Resolution No. 2023-R-06 approving the PEDC's 2023 Downtown Sanitary Sewer Infrastructure Improvement Project, authorizing the City Manager to execute necessary documents, and declaring an effective date. Thomas A. Gwosdz, Attorney for the PEDC. Councilmember Trainor asked for clarification regarding this project being funded by a grant. Tammy. McDonald explained out ofthet two current. sewer projects, one is funded by a grant, and the other is not. MOTION MADE BY COUNCILMEMBER WOOLFTO ACCEPT RESOLUTION NO. 2023-R-06 APPROVING PEDC 2023 DOWNTOWN SANITARY SEWER INFRASTRUCTURE IMPROVEMENT PROJECT. SECONDED: 8. Approve PEDC Bert West Small Business Development Grant Project. Approve Resolution No. 2023-R-07 approving thel PEDC's Bert West Small Business Development Grant Project and declaring an effective date. Thomas A. Gwosdz, Attorney. for the PEDC. MOTIONTOACCEPT FIRST READING OF RESOLUTION NO. 2023-R-07 APPROVING THE PEDC BERT WEST SMALL BUSINESS DEVELOPMENT GRANT PROJECT BY COUNCILMEMBER WOOLF. SECONDED: COLACIMEIRERSCIUIENAN PASSED UNANIMOUSLY 9. Call City] Election and City Special Election First and Finall Reading of Ordinance No. 2023- 0-04t toa approve the Regular City Election tob bel held onl May 6, 2023, forp positions 3,4, and 5, and Special Election for position 6 of City Council, to-wit: Ordinance oft the City Council of the City of Palacios, Texas, ordering a general municipal election and special election to be held on) May 6, 2023; authorizing the Mayor, or designee, to enter into an agreement with Matagorda County to conduct the general municipal election and special election on behalf oft the City of Palacios; designating the places and manner of! holding the election and special election; providing for the posting and publication ofr notice; providing a savings clause; providing an open meetings clause; and, providing an effective date. Mayor, Jim Gardner. MOTIONTOAPPROYEROVEFIRSTANDFNAL READING OF ORDINANCE NO. 2023-0-04 CALLING FOR GENERAL ELECTION AND SPECIAL ELECTION MADE BY COUNCILMEMBER TRAINOR. SECONDED: COUNCILMEMBER LEWIS. PASSED UNANIMOUSLY AYES: COUNCILMEMBER GLENN, COUNCILMEMBER TRAINOR, COUNCILMEMBER WOOLF, COUNCILMEMBER LEWIS, COUNCILMEMBER SCHULMAN, MAYOR GARDNER ABSENT: COUNCILMEMBER  SECONDED: COUNCIMEMBER. LEWIS. PASSED UNANIMOUSLY  UNANIMOUSLY. See attachment "B" for ballots.  COUNCILMEMBER GLENN. PASSED UNANIMOUSLY.  SAMORA.  CITYOF PALACIOS REGULAR CITY COUNCIL MEETING MINUTES- - JANUARY: 26, 2023    295  ADJOURNMENT  Meeting Adjourned by Mayor Gardner at 8:491 PM.  fm Gardner, MAYOR Hk  ATTEST;  Thllu  XAS  CITY OFF PALACIOS REGULARI CITYC COUNCIL MEETING MINUTES - JANUARY: 26, 2023    noy Dewis  EDCI Directors Ballot City Council Liaison larry Glenn Sharonl Trainor Raylynn Samora  EDCE Board of Directors (Choose 2)  D.C. Dunham Clissal Mills Edward Pope Joanne Linden  Pdehyunt B"    Amnadlhulhan  EDCI Directors Ballot City Council Liaison larry Glenn Sharon Trainor Raylynn Samora  EDCE Board of Directors (Choose 2) D.C. Dunham Clissa Mills Edward Pope Joanne Linden    A2RY EGepw EDC Directors Ballot City Council Liaison Larry Glenn Sharon Trainor Raylynn Samora  EDCE Board of Directors (Choose 2) D.C. Dunham Clissa Mills Edward Pope Joanne Linden    Charon SChaciz  EDC Directors Ballot City Council Liaison Larry Glenn Sharen-Trainor Raylynn Samora  EDCE Board of Directors (Choose 2 VD.c. Dunham Slissa-Mills Edward Pope pofu    CH7 WoOLF  EDCI Directors Ballot City Council Liaison Larry Glenn Sharon Trainor Raylynn Samora VOnMA  EDCI Board of Directors (Choose 2) D.C. Dunham Clissal Mills Edward Pope Joanne Linden    EDCI Directors Ballot City Council Liaison Larry Glenn SharemTrainor Raylynn Samora  Fevms  EDCI Board of Directors (Choose 2) D.C. Dunham Clissa Mills Edward Pope Joannel Linden  Cd    FIRSTAMENDMENTTO 2023 GENERAL ELECTION SERVICES CONTRACT WITHTHE COUNTYI ELECTIONS OFFICER STATE OF TEXAS, COUNTY OF MATAGORDA  WHEREAS, the City of Palacios ("City") entered into an Agreement with the County Elections Officer of Matagorda County, Texas ("Election Officer") as approved by the City ati its January 12, 2023 meeting to conduct the 2023 General Election for the City; and, WHEREAS, following that meeting on. January 13, 2023, thel Place 6r member ofthe City WHEREAS, the Cityi ist required tol holdas special election for Place 60 Councilmember. since WHEREAS, the City andt thel Election Officer desire to amend the Agreement approved on  Council of City resigned from office; and,  the vacancy occurred more than sixty (60) days prior to the next City election; and, January 13, 2023 toi include the conducting oft the special election;  NOW,THEREFORE, the City and the Election Officer agree as follows:  1. The 2023 General Elections Services Contract is amended toi include the Election  Officer conducting the Special Election for Place 6 Councilmember. 2. All other terms oft the Agreement are affirmed.  Approved ata a duly called meeting on the date shown below each signature.  CITY OF PALACIOS  COUNTYELECTIONS OFFICER/ COUNTY CLERK By: Stephanie Wurtz, County Clerk Date approved:  By:  Huds Jiyn Gardner, Mayory Date approved: d/21e/33 The State ofTexas S County of Matagorda $  Before me, the undersigned authority, on this day personally appeared JIM GARDNER, knownt to me to bet the person whose name is subscribed to the foregoing instrument and acknowledged to me that he or she executed the same for the pyrpose and consideration therein expressed. Given  under my hand ands seal ofoffice ont this2lday ofJ January, 2023.  ALEIGHA C GALVAN Notary Public, State ofT Texas Comm. Expires 07-16-2023 Notary ID 13208897-0  pTLa Notary Public, State of Texas  1    The State ofTexas $ County of Matagorda $  Before me, the undersigned authority, on this day personally appeared STEPHANIE WURTZ, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he or she executed the same for the purpose and consideration therein  expressed. Given under my hand and seal ofc office ont this  day of  2023.  Notary Public, State of Texas  2