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MIN SEPT 06 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 Tem,Ward III September 6, 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 September 6,2005, 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 1-3/Consent Agenda Consent Agenda Mayor Goodson called the council meeting to order at 1:30 p.m. Mayor Pro Tern Samuel gave the invocation. Councilmember Beaulieu 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,Cokinos and Patterson. Absent:Councilmember Ames. Also presentwere Kyle Hayes, City Manager; Tyrone Cooper, City Attorney; Rose Ann Jones, City Clerk. Proclamations, Presentations, Recognitions None Public Comment: Persons may speak on scheduled agenda items 1- 3/Consent Agenda. None CONSENT AGENDA Approval of minutes - Minutes of August 30, 2005 Confirmation of committee appointments - None A) Approve the purchase of a 2006 Ford F450 cab and chassis for use in the Fire Department - Resolution 05-194 B) Authorize the acceptance of a ten foot(10')wide water line easement providing access for fire prevention services - Resolution 05-195 C) Approve the sale of City-owned surplus property - Resolution 05-196 September 6,2005 Councilmember Samuel made a motion to approve the Consent Agenda. Councilmember Beaulieu seconded the motion. AYES: MAYOR GOODSON, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS AND PATTERSON NAYS: NONE MOTION PASSED GENERAL BUSINESS 1. Consider approving a five-year agreement with PharmaCare Management Services, Inc. relating to the City's prescription drug program - Resolution 05-197 Administration recommended that council award a five-year agreement with PharmaCare Management Services, Inc., effective January 1, 2006, as the City's Pharmacy Benefit Manager (PBM). Thereafter, this agreement may renew each year for an annual period not to exceed five (5) years. For FY 2005, City drug costs are estimated to total $1.8 million which is approximately a twelve percent (12%) increase. This increase is representative of industry trends which predicted a 12-14%increase in pharmaceutical costs for 2005. Industry trends predict a 14-15% increase in pharmaceutical costs in 2006. In June 2005, City staff began analyzing the City's prescription drug costs and requested bid proposals from pharmacy companies for a five (5) year contract with an effective date of January 1, 2006. After evaluating the bid proposals, City staff, McGriff and PSG concluded that PharmaCare, the incumbent carrier, offered the most cost effective program. The proposed fee structure includes generous percentage discounts to be applied to the Average Wholesale Price(AWP)of retail and mail order brand pharmaceuticals and percentage discounts to be applied to the Maximum Allowable Cost (MAC) of generic drugs for both retail and mail order. The pricing structures proposed by PharmaCare and WHI project a savings of approximately 3%from the current pricing structure. PharmaCare,the City's current PBM, offered a five (5)year guaranteed rate contract, whereas WHI offered a three (3) year contract. The current 30% co-pay plan design for City employees will remain the same. Appropriation of funds is available in the Employee Benefits Fund. Councilmember Beaulieu moved to ADOPT RESOLUTION 05-197 TO APPROVE A FIVE- YEAR AGREEMENT,WITH THE OPTION TO RENEW EACH YEAR FOR AN ANNUAL PERIOD NOT TO EXCEED FIVE (5) YEARS, WITH PHARMACARE MANAGEMENT SERVICES, INC., EFFECTIVE JANUARY 1, 2006, AS THE CITY'S PHARMACY BENEFIT MANAGER (PBM). Councilmember Smith seconded the motion. Page 2 of 7 September 6,2005 AYES: MAYOR GOODSON, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS AND PATTERSON NAYS: NONE MOTION PASSED 2. Consider approving a three-year contract with Fort Dearborn for Long Term Disability Insurance - Resolution 05-198 Administration recommended that Council award a three-year contract effective January 1, 2006 to Fort Dearborn for Long Term Disability Insurance. Long term disability is an employee paid benefit offered to Police and Civilian employees with approximately 594 eligible employees participating. This benefit will provide the employee with up to 60% of his or her salary when disabled for a period in excess of 90 days. Fort Dearborn, the lowest bidder, will provide a three year rate guarantee for the same benefit coverage as provided by the incumbent carrier, Prudential. Fort Dearborn's proposed rates are 38% less then Prudential's. Councilmember Cokinos made a motion to APPROVE RESOLUTION 05-198 TO APPROVE A THREE (3)YEAR CONTRACT WITH FORT DEARBORN FOR LONG TERM DISABILITY INSURANCE. Councilmember Beaulieu seconded the motion. AYES: MAYOR GOODSON, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS AND PATTERSON NAYS: NONE MOTION PASSED 3. Consider authorizing the City Manager to execute an extension of the Beaumont Community Players' Development and Lease Agreement Administration recommended authorizing the City Manager to execute a two-year extension to the current Development and Lease Agreement with the Beaumont Community Players (BCP)for the construction of a new community theater on City- owned property. Council authorized a Development and Lease Agreement with BCP on August 8, 2000 for the construction and lease of a new community theater located on City- owned property. BCP proposed to raise funds needed for the design and construction of a 13,000 square foot theater. The proposed facility was to seat 250 to 300 patrons in an auditorium-style arrangement and provide additional rooms for meetings, dinner plays, rehearsals, administrative offices, costume and scene shops, and storage. The terms of the agreement require the City to provide a site at the corner of College and Orleans Streets upon which the new theater is to be constructed. Upon Page 3 of 7 September 6,2005 completion of construction, BCP will donate the theater to the City, then lease the facility back for a twenty-year period for a nominal $10 per year fee. The agreement provided a two-year period for construction to commence. BCP believes that the events of September 11, 2001, slowed the momentum of its capital campaign, resulting in its request for the City to provide additional time for the project. In 2002, 2003, and 2004, BCP requested and received such extensions. This was due to the fact that BCP needed more time to raise the estimated $2.5 million required for construction. BCP is again requesting an extension of the lease agreement, in order to raise funds. BCP is now considering developing the theater complex in two phases. The first phase would include the theater and cost about $1.2 million. The offices and ancillary uses would be built in the second phase and cost about$1.3 million. BCP is proposing to include some additional office space suitable for lease to other local organizations in its second phase. The extension changes the agreement to allow the City to retain the rights to set rental rates and collect the rents generated from the lease of any additional office space that is included in the project. Once the building is constructed and ownership is transferred to the City, the City will be responsible for maintenance and utility expenses for its operation. The utility costs for the complex are estimated to exceed $65,000 per year. After the second phase of construction is complete, some of these costs will be offset by rents collected from other organizations that office in the facility. Following discussion, it was agreed to table this item until Management has had a chance to renegotiate this agreement. 4. PUBLIC HEARING: Receive comments relating to the proposed FY 2006 Budget and the 2005 (FY 2006) Proposed Tax Rate Public hearing was opened at 2:03 p.m. and closed at 2:05 p.m. Public Comments: None Administration recommended that Council hold a joint public hearing as scheduled on the proposed FY 2006 Budget and the 2005 (FY 2006) Proposed Tax Rate of $0.659. In accordance with the Property Tax Code, the Council must make 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 a work session was held on August 30, 2005. A public hearing was held on the proposed budget on August 30, 2005. Because the public hearing on August 30, 2005 met the requirements of the City Charter but not state law, this second public hearing is being held. Page 4 of 7 September 6,2005 COUNCILMEMBER COMMENTS COUNCILMEMBER PATTERSON - CONCERNED ABOUT THE EMERGENCY MANAGEMENT OPERATIONS AT FORD PARK AND THE SERVICES BEING PROVIDED TO THE EVACUEES AND THE MELTON YMCA; APOLOGIZED FOR ANY INCONVENIENCE THEY ARE EXPERIENCING FOR THIS MISUNDERSTANDING MAYOR PRO TEM SAMUEL- WOULD LIKE THE CITY TO CONSIDER SOME CHANGES WHERE THE EVACUEES MIGHT BE ABLE TO REHABILITATE SOME OF THE DILAPIDATED STRUCTURES TO PROVIDE PERMANENT HOUSING AS WELL AS THE CITY PROVIDING SOME TYPE OF LOAN PROGRAM FOR THOSE WHO NEED PERMANENT HOMES AT THIS TIME; COMMENDED THOSE AT THE COMMAND CENTER AT FORD PARK ESPECIALLY THE SABINE AREA CHIEFS ASSOCIATION; VISITED FORD PARK AND WAS GLAD TO SEE THAT PERSONAL FEELINGS ARE BEING PUT ASIDE FOR THE COMMON GOOD OF OTHERS AND WORKING TOGETHER FOR THE BEST INTEREST OF THE PEOPLE AND MAKING LIFE BETTER FOR SOMEBODY ELSE; WOULD LIKE TO SEE SOME IMPROVEMENTS MADE TO THE STERLING PRUITT CENTER AND WOULD LIKE ALL THE FACILITIES IN THE CITY TO BE COMPATIBLE COUNCILMEMBER COKINOS - NONE COUNCILMEMBER BEAULIEU - WOULD LIKE TO SALUTE THE COURAGE IN THE FACE OF ADVERSITY TO THE RESIDENTS OF LOUISIANA, MISSISSIPPI AND ALABAMA WHICH SHOWS A TRUE DEMONSTRATION OF THE AMERICAN SPIRIT THAT THEY HAVE THE COURAGE TO KEEP IT ON; THANK YOU TO SOUTHEAST TEXAS FOR THEIR GENEROUS SUPPORT TO HELP THESE EVACUEES AT THIS TIME; PASSED ON A COMMENT FROM A RESIDENT THAT WHEN JEFFERSON COUNTY HAD THEIR LAST EVACUATION, THEY DID AN EXCELLENT JOB IN MAKING SURE THAT THOSE WHO NEEDED TRANSPORTATION WERE PROVIDED WITH CENTRALIZED LOCATIONS TO CATCH A BUS TO LEAVE AND FELT THAT OUR CONGRESSMEN SHOULD TAKE THE JEFFERSON COUNTY PLAN AND PUT IT BEFORE THE HEARING COMMITTEE IN WASHINGTON AND TELL THEM THIS IS HOW YOU SHOULD DO IT;APPRECIATES THE EMERGENCY PERSONNEL FOR THEIR LONG, HARD HOURS DURING THIS TIME; EXPRESSED WELCOME TO THOSE OUT OF STATE THAT ARE HAVING TO MAKE THEIR LIVES HERE FOR THE MOMENT COUNCILMEMBER SMITH - STATED THAT IT IS ALMOST IMPOSSIBLE TO SEE THE VIOLENCE OF A STORM LIKE THIS AND ITS ALMOST LIKE A MOVIE AND IS VERY PROUD OF OUR AREA AND THE JOB DONE TO HELP THE PEOPLE FIND A PLACE TO STAY AND CARE FOR THEM; HOPE THAT WE HAVE LEARNED SOME Page 5 of 7 September 6,2005 LESSONS FOR FUTURE DISASTERS AND PEOPLE SHOULD LEAVE WHEN AUTHORITIES TELL PEOPLE TO EVACUATE; THANKED EVERYONE FOR ALL THEIR EFFORTS AND THEIR PRAYERS MAYOR GOODSON - THANKED THE MAYOR PRO TEM FOR STANDING IN FOR HIM WHILE HE WAS OUT OF TOWN AS WELL AS THE OTHER COUNCILMEMBERS, THANKED THE CITY EMPLOYEES, COUNTY EMPLOYEES,FIRE CHIEF BERTRAND,RED CROSS, SALVATION ARMY,ALL THE CHURCHES AND VARIOUS CIVIC ORGANIZATIONS FOR NOT ONLY THEIR GENEROSITY FINANCIALLY BUT THEIR TIME; WE NEED TO CONTINUE TO HELP OUR FRIENDS AS THEY HAVE MUCH AHEAD OF THEM SO THAT THEIR BURDENS ARE AS MINIMAL AS POSSIBLE TO HELP THEM REBUILD THEIR LIVES AS WELL AS PROFESSIONAL AND BUSINESS LIVES; A WEB PAGE HAS BEEN ESTABLISHED GETBACKTOBUSINESSFAST.COM TO HELP THOSE REBUILD THEIR BUSINESS; WORKING WITH HUD TO PROVIDE MORE PERMANENT HOUSING; WANTS TO LOOK INTO THE IDEA OF REHABILITATION OF EXISTING STRUCTURES FOR PERMANENT OWNERSHIP; APOLOGIZED TO THOSE FOR ANY MISINFORMATION RECEIVED FROM FORD PARK COMMAND CENTER FOR THOSE WHO DID NOT GET THE UPDATED INFORMATION AS QUICKLYAS POSSIBLE;THE COMMAND CENTER IS MAKING EVERY EFFORT TO GET THE INFORMATION OUT TO THE MEDIA AND ALL SHELTERS Public Comments (Persons are limited to three minutes) Randy Martin 420 S. Caldwood Beaumont TX Representative from Melton YMCA; felt that evacuee update information was not received in a timely manner for their facility Brenda Lemieux Melton YMCA, 3455 Sarah Beaumont TX Evacuee from Louisiana; says her and her husband are just looking for a place to stay and some temporary work in order to keep themselves Randy Lemieux Melton YMCA, 3455 Sarah Beaumont TX Evacuee from Louisiana; feels that FEMA needs more teams and more satellite stations for quicker and easier processing of evacuee needs The meeting adjourned at 2:40 p.m. Page 6 of 7 September 6,2005 Audio tapes ar available upon request in the City Clerk's Office. Guy N. Goodson, Mayor �' 1 Rose Ann Jones, TRMC U City Clerk ilkw`�,k3t Page 7 of 7 September 6,2005