STATE OF TEXAS COUNTY OF POLK CITY OF LIVINGSTON MINUTES REGULAR MEETING AND PUBLIC HEARING CITY COUNCIL MAY 13, 2025 5:00 P.M. The City Council of the City of Livingston, Texas convened in regular session in Council Chambers at City Hall at 5:00 P.M., May 13, 2025, with the following members present: Judy B. Cochran ) Mayor Alan Cook Councimembers Raymond Luna Elgin Davis / Bobby Jackson, Sr. Andy Evans Billy S. Wiggins City Manager Ellie Monteaux City Secretary/Assistant City Manager Scott Ferguson City Attorney and the following others present: Marcus Neundorf / ) Ewald Kubota Rob Freyer / San Jacinto County District Attorney Lt. David Mitchell / Livingston Police Department Linnette Barker / City of Livingston Finance Director Page 2, City Council Meeting Minutes of 05/13/2025 Ricky Taylor ) Texan EMS Dana Williams / Livingston Municipal Court Judge Emily Banks Wooten / ) Polk County Enterprise Josh Mohler / ) Fire Marshal/Code Enforcement Officer Stephanie Harris / Crowe LLP Darrell Greer ) 1 Self Julianna Lopez Cortez / ) Self Willie White / 1 Jack White Enterprises Jim Wiedemer Attorney for Julianna Lopez Cortez Mayor Cochran called the meeting to order at 5:00 P.M. and called on Alderman Davis to open the meeting with prayer and the pledges. The City Manager presented the draft minutes of the regular meeting of April 8, 2025. Alderman Evans suggested an edit be made on Page 4 with the addition of the word "of" in the fourth paragraph. It was moved by Alderman Cook and seconded by Alderman Jackson that the minutes of the regular meeting of April 8, 2025, be approved, as corrected. All present voted aye. Mayor Cochran recognized Stephanie Harris, CPA with Crowe LLP, who presented the Annual Comprehensive Financial Report (ACFR) for the fiscal year ended 9/30/2024 beginning on Page 9 with the Independent Auditor's Report. (Julianna Lopez Cortez and Willie White entered the meeting.) Ms. Harris continued her review of the draft report by reviewing the following pages: Page 20 Government-Wide Statement of Net Position, Page 21 Government- Wide Statement of Net Position, Page 22 Government-Wide Statement of Activities, Page 54 Schedule of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual - General Fund, and Page 55 Schedule of Changes in Net Pension Liability and Related Ratios - Texas Municipal Retirement System. Page 3, City Council Meeting Minutes of 05/13/2025 Discussion ensued relative to the calculations of the Texas Municipal Retirement System pension liability. Ms. Harris expressed her appreciation for the opportunity to prepare the annual financial report. (Stephanie Harris retired from the meeting.) It was moved by Alderman Evans and seconded by Alderman Cook that the Annual Comprehensive Financial Report for fiscal year ended 9/30/2024, as prepared by Crowe LLP, be approved. All present voted aye. Mayor Cochran declared a Public Hearing in session at 5:15 P.M. regarding the request for annexation of 6.995 acres located on U.S. Highway 190 West consisting of two parcels as requested by John Ewald, Ewald Kubota, Inc. City Attorney Scott Ferguson presented the background information on the request for annexation. Discussion ensued relative to the sewer infrastructure along the highway to be constructed, the existing 36" drainage pipe that is not shown on the survey plat, and the need for an estimate of the cost to the City for the extension of water and sewer infrastructure to the property. It was moved by Alderman Evans and seconded by Alderman Davis that the Public Hearing be tabled. A vote was not taken at this time. Marcus Neundorf, representing Ewald Kubota, presented the map of the Ewald Kubota project including the location of detention ponds, water and sewer lines, fire hydrants, and manholes. Discussion ensued relative to sales tax revenues from the business following annexation, the need for water, sewer and drainage to be included in the plans, the existing drainage that is currently in place at the property, and the estimated cost to the City for extension of the water and sewer lines. Mayor Cochran closed the Public Hearing at 5:30 P.M. Mayor Cochran reaffirmed the previous motion of Alderman Evans and seconded by Alderman Davis that the Public Hearing be tabled. All present voted aye. (Marcus Neundorf retired from the meeting.) The City Manager advised Council that Municipal Court Judge Dana Williams has submitted her resignation effective at the end of the current term and reviewed the process used in selection and recommendation of Darrell Greer as her replacement. The City Attorney provided Council with information regarding the importance of having an attorney as municipal court judge in relation to the judge's role in obtaining warrants and reviewing probable cause. Page 4, City Council Meeting Minutes of 05/13/2025 Mayor Cochran presented a Certificate of Appreciation to Dana Williams for her service as Municipal Court Judge. The City Manager recommended to Council that Darrell Greer be appointed as Municipal Court Judge for the two-year term beginning June 1, 2025 and ending May 31, 2027. Ity was moved by Alderman Luna and seconded by Alderman Jackson that Darrell Greer be appointed as Municipal Court Judge for the two-year term beginning June 1, 2025 and ending May 31, 2027, as recommended by the City Manager and City Attorney. All present voted aye. The City Secretary/Assistant City Manager administered the Statement of Officer and Oath of Office to newly appointed Municipal Court Judge Darrell Greer. Mayor Cochran presented a Certificate of Appointment to Judge Darrell Greer. (Dana Williams, Darrell Greer and Rob Freyer retired from the meeting.) The City Manager presented Change Order No. 1 for the Downtown Drainage Improvements Project in the amount of $18,096.77 as submitted by Dalton Brown, Engineer with The Brannon Corporation. The City Manager advised that the change order will reconcile all work done that exceeded the planned quantity in the project with a net over-run of $18,096.77. It was moved by Alderman Cook and seconded by Alderman Luna that Change Order No. 1 for the Downtown Drainage Improvements Project be approved in the amount of $18,096.77. All present voted aye. The City Manager presented Payment Request No. 6 of 5-T Utilities as submitted by Dalton Brown, Engineer with The Brannon Corporation, for the Downtown Drainage Improvements Project in the amount of $72,955.19 for approval and requested that Council ratify the payment that has already been made. It was moved by Alderman Luna and seconded by Alderman Davis that Payment Request No. 6 on the Downtown Drainage Improvements Project beapproved and the payment be ratified in the amount of $72,955.19. All present voted aye. (Willie White retired from the meeting.) The City Manager provided Council with a financial review of the first six months of the City's budget for fiscal year beginning October 1, 2024 including the General Fund and Utility Fund revenues, expenses, and capital improvement projects. (Darrell Greer returned to the meeting.) Page 5, City Council Meeting Minutes of 05/13/2025 Discussion ensued relative to the comparison oft the budget on a quarterly basis and additional information to be included in the financial report as related to the budget ofe each department. The City Manager requested that Council continue their review of the budget update provided and contact him with any questions they may have. The City Manager presented a proposed ordinance amending Ordinance No. 849 Adopting Budget for Fiscal Year 2024/2025 to amend the Code Enforcement Demolition/Cleanup General Fund Expense Code 01-01-03-6175 from $3,000.00 to the final amount of $91,715.00 and Fire Department Capital Expenditures General Fund Expense Code 01-03-00-6195 from $0.00 to the final amount of $100,000.00. Discussion ensued relative to the final cost for demolition of the former Burmont Nursing Home, the addition of $100,000.00 to the capital expenditures for the Fire Department, and the amendment of the General Fund expense codes for each amount proposed. It was moved by Alderman Luna and seconded by Alderman Davis that the proposed ordinance amending Ordinance No. 849 be approved as presented. All present voted aye. Mayor Cochran called for a record vote on the proposed ordinance amending Ordinance No. 849 adopting the budget for fiscal year October 1, 2024 through September 30, 2025. The proposed ordinance was adopted by the record vote as follows: AYES: Alderman Luna Alderman Davis Alderman Jackson Alderman Evans Alderman Cook NOES: None The ordinance, as adopted, is captioned as follows: "ORDINANCE NO. A-852 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON TEXAS AMENDING ORDINANCE NO. 849 ADOPTING THE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2024 AND ENDING SEPTEMBER 30, 2025 TO INCLUDE TWO (2) BUDGET ADJUSTMENTS AS PRESENTED BY THE CITY MANAGER ON MAY 13, 2025; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR AN EFFECTIVE DATE." Page 6, City Council Meeting Minutes of 05/13/2025 (Darrell Greer retired from the meeting.) The City Manager presented the Accounts Over $2,500.00 for approval. Discussion ensued relative to the rental of sewer pumps and the repair of sewer lift stations throughout the City. (Linnette Barker retired from the meeting.) It was moved by Alderman Evans and seconded by Alderman Cook that the accounts over $2,500.00, as submitted, be approved for payment. All present voted aye. (Josh Mohler retired from the meeting.) The City Manager reported on the following items: A) Events: Main Street's Red, White & Blue Sip & Shop - Saturday, May 17th in Downtown Livingston with 11 participating businesses Livingston Trade Days - Saturday, May 17th and Sunday, May 18th B) Sales Tax - The May sales tax report from the State Comptroller for the month of March 2025 reflects $505,835.68, a decrease of 0.84% from March 2024. C) Update of Development - The City Manager provided an update of commercial development, residential development, and completed projects. D) Eastex Telephone - City staff has met with Eastex Telephone representatives about expanding their services into the Livingston city limits. E). Cemetery Hill Water Line Project - 5-T Utilities has started on the 12" water line project. F) Texas General Land Office (GLO) Street Improvements Project on N. Willis and E. West Streets - The scope of the project has been expanded to include some drainage work on W. West Street. G) AMI Project - The automated metering infrastructure (AMI) project is finished and sign ups will begin for customers to monitor their usages. The City Manager advised Council that there is a need for Executive Session pursuant to Texas Government Code Section 551.071 LEGAL - Consultation with Attorney. Jim Wiedmer requested to speak before Council representing Julianna Lopez Cortez. Mayor Cochran explained that the Public Meeting Appearance Form is required to be submitted if he wanted to speak on a specific agenda item. Page 7, City Council Meeting Minutes of 05/13/2025 (Emily Wooten, Ricky Taylor, Julianna Lopez Cortez, Jim Wiedemer and David Mitchell retired from the meeting.) Mayor Cochran called the Council into executive session at 6:15 P.M., pursuant to Texas Government Code Section 551.071 LEGAL - Consultation with Attorney. Council reconvened in open session at 6:56 P.M. Upon returning to open session, no action was taken. There being no further business to come before the City Council, it was moved by Alderman Cook and seconded by Alderman Jackson that the meeting be adjourned at 6:56 P.M. All present voted aye. SIGNED: Cahee Sudy B. Cochran, Mayor ATTEST: eometa 1A/ Ellie Monteaux, TRMÇ, MMC/CPM City Secretary/Aisistant City Manager