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MIN AUG 30 2005 M I N U T E S - CITY OF BEAUMONT Lulu L. Smith, Ward I GUY N. GOODSON, MAYOR Nancy Beaulieu, Ward II Andrew P. Cokinos,At-Large CITY COUNCIL MEETING Becky Ames, At-Large Audwin Samuel, Mayor Pro Tern, Ward III August 30, 2005 Bobbie J. Patterson,Ward IV Tyrone E. Cooper, City Attorney Kyle Hayes, City Manager Rose Ann Jones, City Clerk The City Council of the City of Beaumont, Texas, met in a regular session on August 30, 2005, at the City Hall Council Chambers, 801 Main Street, Beaumont, Texas, at 1:30 p.m. to consider the following: OPENING Invocation Pledge of Allegiance Roll Call Presentations and Recognition Public Comment: Persons may speak on scheduled agenda items 1-6/Consent Agenda Consent Agenda Mayor Goodson called the council meeting to order at 1:30 p.m. Pastor Sammy D. Siberand of the Mount Rose Missionary Baptist Church gave the invocation. Councilmember Smith led the Pledge of Allegiance. Roll call was made by Rose Ann Jones, City Clerk. Present at the meeting were Mayor Goodson, Mayor Pro Tern Samuel, Councilmembers Smith, Beaulieu and Patterson. Absent: Councilmembers Cokinos and Ames. Also present were Kyle Hayes, City Manager; Tyrone Cooper, City Attorney; Rose Ann Jones, City Clerk. Proclamations, Presentations, Recognitions Mayor Goodson gave an update on Hurricane Katrina, shelter information, volunteer and donation information and thanked everybody for their help in providing shelters, food and other services for our neighbors in their time of need. Public Comment: Persons may speak on scheduled agenda items 1- 6/Consent Agenda. Frank Kiefer 3190 Willowood Beaumont TX Item #1: Spoke against the idea of the City increasing the CenterPoint franchise fee CONSENT AGENDA Approval of minutes - Minutes of August 23, 2005 Confirmation of committee appointments - None A) Approve a bid for the purchase and installation of a fire alarm system for the Police Department - Resolution 05-183 Minutes-August 30,2005 B) Approve a resolution authorizing the City Manager to execute a Master Advance Funding Agreement with the Texas Department of Transportation (TXDOT) - Resolution 05-184 C) Approve a one (1) year contract for wastewater laboratory services - Resolution 05-185 D) Approve a five (5) year renewal of a lease agreement with the Texas Military Facilities Commission - Resolution 05-186 E) Approve a three (3) year renewal of an office space lease agreement for the Southeast Texas Auto Theft Task Force - Resolution 05-187 F) Approve a resolution authorizing the acceptance of a ten foot (10') wide water line easement providing access for fire prevention services - Resolution 05-188 Councilmember Smith made a motion to approve the Consent Agenda. Councilmember Beaulieu seconded the motion. AYES: MAYOR GOODSON, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS SMITH, BEAULIEU AND PATTERSON NAYS: NONE MOTION PASSED GENERAL BUSINESS 1. Consider adoption of an Interim Order Ordinance seeking to have CenterPoint Energy comply with state law in its rate increase request by providing adequate notice of its proposed increase and to base its request upon the proper test year as defined by the Gas Utility Regulatory Act - Ordinance 05-068 Administration recommended approval of an ordinance issuing an Interim Order seeking to have CenterPoint Energy comply with state law in its rate increase request by providing adequate notice of its proposed increase and to base its request upon the proper test year. Presentation was made by City Attorney Cooper. On June 30, 2005 CenterPoint filed a statement of intent requesting that new rates be adopted in its Beaumont/East Texas and South Texas Divisions. The request was based upon a test year ending March 31, 2004. The historic test year relied upon by CenterPoint is stale and out of date. CenterPoint published notice that it had filed the rate request but the notice was defective in all cities with the exception of Longview. This ordinance is an Interim Order seeking to have CenterPoint comply with the requirements of state law. Texas law requires that conspicuous notice be given. No notice of the increase in rates for typical residential and commercial customers was given in our area. No notice was provided of the proposed increase in service charges. This ordinance requires notice of these changes in rate be published. Without such notice cities are without jurisdiction to make final decision in CenterPoint's rate request. Page 2 of 12 Minutes-August 30,2005 CenterPoint must base its rate request upon a historic test year, adjusted for known and measurable charges. The last day of the test year must occur on the last day of the quarter of the year for which the most current 12 months of data is readily available. The test year relied upon by CenterPoint in its request ended on March 31, 2004. This test year is stale. The proposed ordinance requires CenterPoint to base its request on 12 months of data ending on March 31, 2005. The ordinance requires CenterPoint to provide written notice to the City Manager by September 7, 2005 when it expects to comply with this ordinance. Adoption of this Interim Order is recommended. Cities are entitled to rate assistance and cost reimbursement of their reasonable rate case expenses for participating in/or conducting a rate-making proceeding. It is expected that the City of Beaumont will be reimbursed for any expenses incurred in this rate matter. Councilmember Samuel moved to ADOPT ORDINANCE 05-068 WHICH SHALL CONSTITUTE AN INTERIM ORDER OF THE CITY COUNCIL OF THE CITY OF BEAUMONT,TEXAS TO REQUIRE CENTERPOINT ENERGY ENTEX TO PUBLISH NOTICE OF ITS CHANGES IN RATES FOR A TYPICAL RESIDENTIAL CUSTOMER AND A TYPICAL COMMERCIAL CUSTOMER AND THE CHANGES IN SERVICE CHARGES IN A CONSPICUOUS MANNER; TO REQUIRE CENTERPOINT TO REFILE ITS STATEMENT OF INTENT UTILIZING A CURRENT HISTORIC TEST YEAR, ENDING MARCH 31, 2005 AND TO REQUIRE CENTERPOINT TO CONTACT THE CITY MANAGER ON THE DATE WHEN IT INTENDS TO REFILE ITS STATEMENT OF INTENT USING A CURRENT TEST YEAR AND WHEN CENTERPOINT INTENDS TO PUBLISH NOTICE CONSISTENT WITH THIS ORDINANCE; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS IN ACCORDANCE WITH THE REQUIREMENTS OF THE TEXAS OPEN MEETINGS ACT;MAKING OTHER FINDINGS RELATED TO CENTERPOINT'S STATEMENT OF INTENT;AND DECLARING AN EFFECTIVE DATE. Councilmember Patterson seconded the motion. AYES: MAYOR GOODSON MAYOR PRO TEM SAMUEL, COUNCILMEMBERS SMITH, BEAULIEU AND PATTERSON NAYS: NONE MOTION PASSED 2. Consider approving a resolution authorizing the City Manger to increase the Water Treatment Plant 14 Million Gallons Per Day (MGD) Expansion and Miscellaneous Improvements Project amount for "extra work" - Resolution 05-189 Administration recommended approval of increasing the Water Treatment Plant 14 MGD Expansion and Miscellaneous Improvements Project amount by $90,450.34 to dig and locate the leak on the existing 48 inch water transmission line, install a light pole, install two 48 inch butterfly valves at the high service pump station discharge connection, install water hose stations, pressure and caustic taps at the new filters. The proposed extra work will represent 0.82 percent of the original Page 3 of 12 Minutes-August 30,2005 contract amount. The total of all of the extra work date, including this proposed recommendation,will represent 15.83 percent of the original contract amount. Funds for the project are available in the Capital Improvement Funds. Councilmember Smith made a motion to APPROVE RESOLUTION 05-189 THAT THE CITY MANAGER BE AUTHORIZED TO EXECUTE CHANGE ORDER NO.4 INCREASING THE CONTRACT AMOUNT BY $90,450.34 FOR A TOTAL OF $12,865,684.83 FOR THE `EXTRA WORK' DESCRIBED FOR THE WATER TREATMENT PLANT 14 MILLION GALLONS PER DAY (MGD) EXPANSION AND MISCELLANEOUS IMPROVEMENTS PROJECT. Councilmember Samuel seconded the motion. AYES: MAYOR GOODSON, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS SMITH, BEAULIEU AND PATTERSON NAYS: NONE MOTION PASSED 3. Consider approving a one year agreement with Blue Cross Blue Shield of Texas for employee medical and dental insurance - Resolution 05-190 Administration recommended that council award to Blue Cross Blue Shield of Texas (BCBSTX) a one year agreement with an optional annual renewal not to exceed a total of five (5)years. The rates quoted for a twelve month period effective January 1, 2006 is for third party administration of the City's self funded Preferred Provider Organization (PPO) medical plan, self funded dental plan and a fully insured Health Maintenance Organization (HMO Blue Texas). The extension of this agreement will be on a year-to-year basis to a maximum of five (5) years if it is determined to be in the best interest of the City. Full time city employees are offered medical and dental benefits. The medical and dental benefits consist of a fully insured HMO plan, a self funded PPO plan and a self funded dental plan. In June 2005, City staff began analyzing the City's health care costs. Staff also began working with the City's health benefit consultant, McGriff, Siebels and Williams of Texas, Inc., to request bid proposals for the City's HMO, PPO, and dental plans for 2006. The City received only one bid which was from Blue Cross Blue Shield of Texas,the incumbent medical carrier. BCBSTX's proposed PPO renewal showed claims projection for 2006 as essentially flat compared to 2005 claims. This project resulted in a zero increase in the PPO administration and stop loss fees for the 2006 plan year. BCBS increased the HMO premiums by 13%. This increase was a function of increasing claim utilization, rising trend factors and increasing provider reimbursements. The projected medical rate increase is within industry trend. Renewal rates for the self funded dental plan did not increase. Appropriation of funds is available in the Employee Benefits Fund. Page 4 of 12 Minutes-August 30,2005 Councilmember Samuel made a motion to APPROVE RESOLUTION 05-190 THAT THE CITY MANAGER BE AUTHORIZED TO ENTER INTO A CONTRACT WITH BLUE CROSS BLUE SHIELD OF TEXAS (BCBSTX) FOR A ONE YEAR CONTRACT WITH AN OPTIONAL ANNUAL RENEWAL NOT TO EXCEED A TOTAL OF FIVE (5)YEARS COMMENCING JANUARY 1, 2006 TO PROVIDE THIRD-PARTY ADMINISTRATION OF THE CITY'S SELF-FUNDED PREFERRED PROVIDER ORGANIZATION (PPO) MEDICAL PLAN, SELF-FUNDED DENTAL PLAN AND A FULLY-INSURED HEALTH MAINTENANCE ORGANIZATION (HMO)WITH HMO BLUE TEXAS. Councilmember Patterson seconded the motion. AYES: MAYOR GOODSON, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS SMITH, BEAULIEU AND PATTERSON NAYS: NONE MOTION PASSED 4. Consider approving a two-year contract with Aetna, Inc. for Basic Life and Accidental Death and Dismemberment (AD&D), Supplement Life and Accidental Death and Dismemberment(AD&D)and Dependent Life Insurance-Resolution 05- 191 Administration recommended that Council award a two-year contract effective January 1, 2006 to Aetna, Inc. for Basic Life and Accidental Death and Dismemberment (AD&D), Supplemental Life and Accidental Death and Dismemberment Life Insurance. Currently the City provides basic life and accidental death and dismemberment (AD&D)insurance for approximately 1204 employees. The City sponsored basic life and accidental death and dismemberment insurance is provided at no cost to the employee. The amount of basic life/AD&D insurance is 100% of the employee's annual base salary rounded to the next highest $1,000 to a maximum benefit of $50,000. Employees may elect to purchase supplemental life and accidental death and dismemberment and dependent life at a group rate. The group rate is usually more cost effective than an individual policy for the employee. Supplemental life, which includes AD&D and dependent life, is offered to all employees with approximately 945 currently participating. This coverage has been provided through Prudential since January 1,2004, however,it is recommended that the coverage be provided by Aetna, Inc., beginning January 1, 2006 due to a 71.43% proposed increase by Prudential. Aetna, Inc. will provide the same level of coverage that is currently in effect. Appropriation of funds is available in the Employee Benefits Fund. Councilmember Beaulieu made a motion to APPROVE RESOLUTION 05-191 THAT THE CITY MANAGER BE AUTHORIZED TO ENTER INTO A TWO-YEAR CONTRACT WITH AETNA, INC. FOR BASIC LIFE AND ACCIDENTAL DEATH AND DISMEMBERMENT (AD&D), SUPPLEMENTAL LIFE AND ACCIDENTAL DEATH AND DISMEMBERMENT (AD&D) AND DEPENDENT LIFE INSURANCE. Councilmember Smith seconded the motion. Page 5 of 12 Minutes-August 30,2005 AYES: MAYOR GOODSON, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS SMITH, BEAULIEU AND PATTERSON NAYS: NONE MOTION PASSED 5. Consider granting the City Manager authority to implement the contribution rate changes for retirees in the medical plans - Resolution 05-192 Administration recommended that Council approve medical contribution rate changes for retirees including their dependents effective January 1, 2006. Retirees and their dependents are allowed to elect continuation of medical coverage as provided by state statute. The retiree/dependent may continue coverage until the retiree/dependent is covered by Medicare/Medicaid but not beyond age 65. Currently, there are 186 retirees on the City's medical plans. The retiree contribution rate for Police and Fire retirees is based on a provision in the Police and Fire contract agreements which states, "Any employee who retired on or after February 1, 1992 may be subject to an annual increase in contribution. The increase will be affected in accordance with the labor agreement. The single rate will be established at 69%; single rate + 1 at 58%; and the family rate at 54% of the COBRA rate on January 1St annually." This same formula is utilized when calculating the contribution rate for civilian retirees. As such, retiree rates effective January 1, 2006 based on each medical plan. Appropriation of funds is available in the Employee Benefits Fund. Councilmember Smith made a motion to APPROVE RESOLUTION 05-092 THAT THE CITY MANAGER BE AUTHORIZED TO IMPLEMENT THE CONTRIBUTION RATE CHANGES FOR RETIREES INCLUDING THEIR DEPENDENTS WHO ARE ON THE CITY'S MEDICAL AND/OR DENTAL PLANS EFFECTIVE JANUARY 1,2006. Councilmember Beaulieu seconded the motion. AYES: MAYOR GOODSON, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS SMITH, BEAULIEU AND PATTERSON NAYS: NONE MOTION PASSED 6. Schedule a second public hearing on the proposed FY 2006 Budget and schedule the date of the meeting at which the City Council will vote on the 2005 (FY 2006) Proposed Tax Rate - Resolution 05-193 Administration recommended that Council schedule a second public hearing on September 6, 2005 at 1:30 p.m. in the Council Chambers related to the proposed FY 2006 Budget. Page 6 of 12 Minutes-August 30,2005 It is recommended that Council schedule the meeting to adopt the tax rate on September 20, 2005 at 1:30 p.m. in the Council Chambers. A public hearing is scheduled for August 30, 2005 [refer to Item #7] to review the proposed FY 2006 Budget. This hearing meets the requirements of the City Charter but not state law which requires the public hearing to be held after the 15th day after the date the proposed budget is filed with the City Council. This will be a joint public hearing as the second required public hearing for the 2005(FY 2006) Proposed Tax Rate is scheduled for September 6, 2005. Councilmember Beaulieu made a motion to APPROVE RESOLUTION 05-193 TO SCHEDULE A PUBLIC HEARING TO CONSIDER THE FY 2006 PROPOSED BUDGET FOR THE CITY OF BEAUMONT ON SEPTEMBER 6,2005,AT 1:30 O'CLOCK P.M.IN THE CITY COUNCIL CHAMBERS,CITY OF BEAUMONT,TEXAS.Councilmember Smith seconded the motion. AYES: MAYOR GOODSON, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS SMITH, BEAULIEU AND PATTERSON NAYS: NONE MOTION PASSED Councilmember Samuel made a motion to include APPROVE RESOLUTION 05-193 THAT THE CITY COUNCIL WILL MEET TO ADOPT THE TAX RATE ON SEPTEMBER 20, 2005, AT 1:30 P.M. UN THE CITY COUNCIL CHAMBER, CITY OF BEAUMONT. Councilmember Smith seconded the motion. AYES: MAYOR GOODSON, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS SMITH, BEAULIEU AND PATTERSON NAYS: NONE MOTION PASSED WORK SESSION * Review and discuss the proposed FY 2006 Budget and the proposed 2006 Capital Program The worksession began at 2:08 p.m. and ended at 3:00 p.m. City Manager Hayes presented a power point presentation of the proposed FY 2006 Budget in detail as well as the proposed 2006 Capital Program. This was followed by a question and answer period. 7. PUBLIC HEARING: Receive comments on proposed FY 2006 Budget, proposed 2006 Capital Program and 2005 (FY 2006) proposed Tax Rate. Public Hearing began at 3:00 p.m. and ended at 3:08 p.m. Page 7 of 12 Minutes-August 30,2005 Public Comments Frank Kiefer 3190 Willowood Beaumont TX Addressed his concerns about some of the improvements that the City has planned and the cost to the citizens Administration recommended that Council hold a joint public hearing as scheduled on the proposed FY 2006 Budget, the proposed 2006 Capital Program, and the 2005(FY 2006) Proposed Tax Rate of$0.659. In accordance with the Property Tax Code, the Council made the following announcement: The meeting to vote on the tax rate will be held on September 20, 2005 at 1:30 p.m. in the Council Chambers. The proposed FY 2006 Budget was submitted to Council on August 16, 2005 and the proposed 2006 Capital Program was submitted on May 10, 2005. Chapter 26 of the Property Tax Code requires taxing units to comply with truth-in- taxation laws in adopting their tax rate. A Notice of a Public Hearing of Tax Increase was published August 23, 2005 regarding the proposal to increase total tax revenue from properties on the tax roll 3.97%. This increase is related to the appraised value, as there is a proposed decrease in the tax rate of$0.005. The percentage change to the homeowner is dependent on their taxable value. The proposed FY 2006 Budget appropriation for all funds, net of contingency, totals $172,310.399. In the proposed 2006 Capital Program, projects in the construction phase total $76,908,000 and include $18,395,000 in Public Works projects, $7,200,000 in General Improvement projects and $51,313,000 in Water and Sewer projects. Projects in the design phase total $117,404,000 which includes $85,118,000 in Public Works projects, $7,220,000 in General Improvement project, and $25,066,000 in Water and Sewer projects. The total for planned projects in all three areas is $123,635,000. Applying the proposed tax rate of $0.659, and a 97% collection rate, budgeted revenues of $19,439,000 and $11,969,000 respectively to the General and Debt Service Funds are anticipated. The total rate of$0.659 is apportioned $0.407869 to the General Fund and $0.251131 toward Debt Service. As required by Article VI, Sections 2 and 4 of the City Charter, the proposed FY 2006 Budget was submitted to Council on August 16, 2005, and as required by Section 19 and 20, the 2006 Capital Program was submitted to Council on May 10, 2005. The notice of the public hearing on the Budget and Capital Program was published August 23, 2005. On August 16, 2005, City Council took a record vote to place the proposal to adopt a tax rate of$0.659 on the agenda of a future meeting. The motion passed and two public hearings were scheduled for August 30, 2005 and September 6, 2005. The Notice of Public Hearings on Tax Increase was published August 23, 2005. Page 8 of 12 Minutes-August 30,2005 The target date for adoption for the proposed FY 2006 Budget, the proposed 2006 Capital Program, and the 2005 (FY2006) Proposed Tax Rate of $0.659 is September 20, 2005. 8. PUBLIC HEARING: Dilapidated Structures Consider approval of an ordinance declaring certain structures to be dangerous structures and ordering their removal within so many days - Ordinance 05-069 Public Hearing convened at 3:10 p.m. and closed at 3:55 p.m. Public comments were made by the following people who personally appeared and requested additional time to make repairs to their property. Carson Williams 2258 Pecan Street Beaumont TX #30: RE: 2258 Pecan Joe Ramsey 3090 Concord Beaumont TX #8 - RE: 3090 Concord Melvin Minnard 7000 Ebony Plano TX #3 - RE: 2485 Avenue H (Garage Apt.) Charlie Crabble 928 East Drive Beaumont TX #22 - RE: 1045 Long (Garage) Leonard Carmouche 3275 Ledet Road Beaumont TX #18 - RE: 3275 Ledet Road (Garage) - wants to demolish himself Shoukat Dhamaril 1096 Alabama Avenue Beaumont TX #2 - RE: 1096 Alabama Avenue (Commercial) John T. Fisher 1832 Liberty Street Beaumont TX #19 - RE: 1832 Liberty Street (Garage Apt.) Byron L. Lewis 378 Alabama Street Beaumont TX #01 - RE: 378 Alabama and Garage Mrs. Pauline Tanner 5390 Linda Lane Beaumont TX #07 - RE: 5645 Comstock Road Councilmember Beaulieu made a motion to APPROVE ORDINANCE 05-069 ENTITLED AN ORDINANCE FINDING CERTAIN STRUCTURES TO BE PUBLIC NUISANCES AND ORDERING THEIR DEMOLITION AND/OR REPAIR; PROVIDING FOR SEVERABILITY AND PROVIDING FOR A PENALTY. Councilmember Patterson seconded the motion. AYES: MAYOR GOODSON, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS SMITH, BEAULIEU AND PATTERSON Page 9 of 12 Minutes-August 30,2005 NAYS: NONE MOTION PASSED COUNCILMEMBER COMMENTS COUNCILMEMBER SMITH - FEELS THAT THE BUDGET HAS SOMETHING IN IT FOR EVERY COMMUNITY COUNCILMEMBER BEAULIEU - PROUD TO BE ABLE TO SAY THAT SHE IS FROM "BEAUMONT" DUE TO THE KINDNESS OF THE CITIZENS AND ALL THEIR HELP IN THIS TIME OF NEED; FEELS THAT EVERYBODY NEEDS TO UNDERSTAND HOW THE DRAINAGE SYSTEM WORKS AND HOW THESE DRAINAGE ISSUES ARE BEING ADDRESSED MAYOR PRO TEM SAMUEL- PROUD OF BEAUMONT IN SHOWING ITS OUTPOUR OF LOVE, AFFECTION,PRAYER EXTENDED TO OUR NEIGHBORS OF THE EAST; EXTENDED SYMPATHY TO THE LIVES LOST AND CONDOLENCES TO THOSE WHO HAVE LOST EVERYTHING; REQUESTED A FUTURE WORKSHOP TO BE HELD WITH THE DD#6 AND STAFF TO HELP EXPLAIN TO COUNCIL AS WELL AS THOSE CITIZENS WHO MIGHT NOT BE ABLE TO ATTEND THE COUNCIL MEETINGS, TO EXPLAIN WHAT THE CITY IS DOING TO HELP THE FLOODING IN THE NORTH END OF THE CITY AND HOW EVERYTHING TIES TOGETHER COUNCILMEMBER PATTERSON- ALSO PROUD OF BEAUMONT FORTHE KINDNESS SHOWN TO OUR NEIGHBORS;ASKED FOR SOME HELP FOR PLACEMENT OF SOME RECOVERING VETS WHO NEED TO STAY TOGETHER; WOULD LIKE TO HAVE A TOWN MEETING IN EACH OF THE WARDS TO INFORM CITIZENS OF ITEMS AFFECTING THEIR AREA CITY ATTORNEY COOPER- NONE CITY MANAGER HAYES - NONE MAYOR GOODSON - FEELS THAT COUNCIL HAS WORKED VERY HARD ON NATURAL DISASTER PLANS FOR OUR CITY AS WELL AS HELPING TO PROVIDE SUPPORT FOR THOSE WHO HAVE BEEN SUBJECTED TO AN EVACUATION ORDER;WOULD ALSO LIKE A WORKSESSION WITH DD#6 TO ADDRESS SOME OF THE DRAINAGE AND FLOODING AREAS Page 10 of 12 Minutes-August 30,2005 Public Comments (Persons are limited to three minutes) Kerry J. Avie 3139 Linor Beaumont TX Prayer for the City and those who suffered from the effects of Hurricane Katrina Frank Kiefer 3190 Willowood Beaumont TX Wished to give everybody a holiday with the exception of the Fire Department and the Police Department for his birthday which is September 4 Tommy May 1301 Wall Street Beaumont TX Spokesperson for the Beaumont Professional Firefighters Local 399 Feels that the reimbursement of training program costs was unfair and these two firefighters should be reimbursed for their training costs which had been previously approved; creates lack of trust in department head; would like the City Manager to reconsider this decision Jason Marshburn 7220 Bythewood Road Beaumont TX Feels that the consideration of a smoking ban should not be made mandatory but should be left up to individual restaurants Doyle King 8150 Walker Road Beaumont TX Would like some help with the bad dumping problem on his road and would like a light put on the corner of Chinn and Walker Road Galen Key 1307 Wall Street Beaumont TX President, IAFF Local #399 Reviewed Article 18 of the local contract regarding the reimbursement of training costs to the local firefighters and asked that the City Manager reconsider this decision Open session of meeting recessed at 4:20 p.m. EXECUTIVE SESSION Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Brandon Steward v. City of Beaumont Curtis Breaux et al v. City of Beaumont et al Shane Landry v. City of Beaumont Michael Charles, et al v. City of Beaumont There being no action taken in Executive Session, Council adjourned. Page 11 of 12 Minutes-August 30,2005 Audio tapes are available upon request in the City Clerk's Office. 0 Guy Goodson, Mayor .01 MGA, af n. -1/\ 40j"a/ aq. Rose Ann Jones, TRM AO City Clerk +1ijt l Page 12 of 12 Minutes-August 30,2005