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City Council

Regular Meeting

Mount Vernon, WA · January 8, 2020

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Minutes

Mount Vernon City Council Regular Meeting Minutes January 08, 2020 The meeting was called to order by Mayor Boudreau at 7:04 PM. Present: Councilmembers Beaton, Brocksmith, Carías, Hudson, Hulst, Moberg, and Molenaar Staff Present: Project Development Manager Donovan, City Attorney Rogerson, Parks & Enrichment Director King, Finance Director Volesky, Library Director Huffman, Interim Police Chief Cammock, Public Works Director Bell, Development Services Director Phillips Citizens Present: 4 CONSENT AGENDA A. Approval of December 4, 2019 Study Session Minutes B. Approval of December 20, 2019 payroll checks numbered 109775 – 109799, direct deposit checks numbered 74600 - 74840, and wire transfers numbered 804 – 808 in the amount of $1,308,747.44 C. Approval of January 3, 2020 payroll checks numbered 109800 – 109834, direct deposit checks numbers 74841 – 75084, and wire transfers numbered 809 – 813 in the amount of $1,103,557.31 D. Approval of December 24, 2019 Claims numbered 6892 – 6902 and 6905 – 7240 in the amount of $2,262,042.01 E. Approval of January 8, 2020 Claims numbered 7254 – 7329 in the amount of $463,950.42 Councilmember Beaton moved to approve the Consent Agenda items A-E. Motion seconded by Councilmember Hulst. Motion carried 7-0. REPORTS A. Committees 1. Public Works and Library - see Committee minutes for details B. Community Comments • None C. Council Member Comments • None D. Mayor’s Report: • Mayor Boudreau introduced “Civic Saturdays” to replace Mayor’s coffee hours. The goal of Civic Saturdays will be to help inform the public what their local government does and how each department contributes. The first Civic Saturday is takes place Saturday, 10AM on January 18th, 2020 at the Mount Vernon Police/Court Campus. A full schedule can be found on the City of Mount Vernon website. Mount Vernon City Council January 08, 2020 Page 2 of 4 E. Committee Agenda Requests • None UNFINISHED BUSINESS • None NEW BUSINESS A. Appointment to Mount Vernon Planning Commission: Director Phillips requested Council approve the reappointment of Christopher Bollinger to the Mount Vernon Planning Commission. Councilmember Beaton moved to approve the reappointment of Christopher Bollinger to the Mount Vernon Planning Commission. Motion seconded by Councilmember Hudson. Motion carried 7-0. B. Appointment to Mount Vernon Arts Commission: Director King requested Council approve the reappointment of Jill Gilbert to the Mount Vernon Arts Commission. Councilmember Hulst moved to approve the reappointment of Jill Gilbert to the Mount Vernon Arts Commission. Motion seconded by Councilmember Molenaar. Motion carried 7-0. • Upon approval of her reappointment to the Mount Vernon Arts Commission, Jill Gilbert was sworn into office by Mayor Boudreau C. Approval of Interlocal Agreement with Mount Vernon School District: Director King requested Council authorize the Mayor to enter into an interlocal agreement with the Mount Vernon School District to make the facilities of each available for the recreation and athletic needs of school district students and the citizens of Mount Vernon. Councilmember Molenaar moved to authorize the Mayor to enter into an interlocal agreement with the Mount Vernon School District to make the facilities of each available for the recreation and athletic needs of school district students and the citizens of Mount Vernon. Motion seconded by Councilmember Carías. Motion carried 7-0. Kevin Rogerson invited the Mayor and Council to attend and executive session at 7:19PM, not to exceed 15 minutes. Council meeting recessed to executive session at 7:19 PM. Council meeting reconvened at 7:32 PM. Mount Vernon City Council January 08, 2020 Page 3 of 4 D. Approval of Collective Bargaining Agreement: Director Keaton requested Council authorize the Mayor to sign the January 1, 2020 through December 31, 2020 Collective Bargaining Agreement with the Teamsters Local 231. Councilmember Hudson moved to authorize the Mayor to sign the January 1, 2020 through December 31, 2020 Collective Bargaining Agreement with the Teamsters Local 231. Motion seconded by Councilmember Hulst. Motion carried 7-0. E. Election of Mayor Pro Tempore: City Attorney Rogerson informed Council of the requirement to elect a Mayor Pro Tempore. City Council must elect from among their number a mayor pro tempore who, in case of the absence, death or disability of the Mayor, shall perform the duties of Mayor. Councilmembers Beaton and Brocksmith were both nominated for the position of Mayor Pro Tempore. The Mayor Pro Tempore will, in case of the absence, death or disability of the Mayor, shall perform the duties of Mayor. Councilmember Beaton was elected to be Mayor Pro Tempore by a measure of 5-2. F. Bankruptcy Claim with Insys (Opioid Manufacturer): City Attorney Rogerson requested Council accept or reject the proposed Bankruptcy Plan and ballot submitted by the Insys’ legal counsel. The City is a party to a lawsuit against several opioid manufacturers, including but not limited to, Insys who has filed for bankruptcy. Councilmember Hulst moved to accept the proposed Bankruptcy Plan and ballot submitted by the Insys’ legal counsel. Motion seconded by Councilmember Beaton. Motion carried 7-0. Meeting was adjourned at 7:39 PM. Mount Vernon City Council January 08, 2020 Page 4 of 4 SUBMITTED BY: Chase Kinney, Recording Clerk ATTEST: Doug Volesky, Finance Director APPROVE: Jill Boudreau, Mayor

Agenda

CITY OF MOUNT VERNON CITY COUNCIL MEETING AGENDA January 8, 2020 7:00 p.m. (Police Court Campus) I. OPENING CEREMONIES A. Call to Order B. Pledge of Allegiance C. Roll Call of Councilmembers II. CONSENT AGENDA A. Approval of December 4, 2019 Study Session Minutes B. Approval of December 20, 2019 payroll checks numbered 109775 – 109799, direct deposit checks numbered 74600 - 74840, and wire transfers numbered 804 – 808 in the amount of $1,308,747.44 C. Approval of January 3, 2020 payroll checks numbered 109800 – 109834, direct deposit checks numbers 74841 – 75084, and wire transfers numbered 809 – 813 in the amount of $1,103,557.31 D. Approval of December 24, 2019 Claims numbered 6892 – 6902 and 6905 – 7240 in the amount of $2,262,042.01 E. Approval of January 8, 2020 Claims numbered 7254 – 7329 in the amount of $463,950.42 III. REPORTS A. Committees 1. Public Works and Library B. Community Comments (An opportunity for Mount Vernon residents to address their City Council. Please limit comments to 3 minutes or less. Under normal circumstances, the Mayor and Council will not respond immediately to Community Comments. If you would like someone to follow-up with you regarding the topic of your comments, please leave your name and contact information on the form at the entrance of the Council Chambers.) C. Councilmember Comments D. Mayor’s Report E. Committee Agenda Requests IV. UNFINISHED BUSINESS None V. NEW BUSINESS A. Appointment to Mount Vernon Planning Commission (Staff is requesting that Council approve the reappointment of Christopher Bollinger to the Mount Vernon Planning Commission.) (required action – motion) (staff contact – Chris Phillips) Mount Vernon City Council Agenda January 8, 2020 page 2 B. Appointment to Mount Vernon Arts Commission (Staff is requesting that Council approve the reappointment of Jill Gilbert to the Mount Vernon Arts Commission.) (required action – motion) (staff contact – Bill King) C. Approval of Interlocal Agreement with Mount Vernon School District (Staff is requesting that Council authorize the Mayor to enter into an interlocal agreement with the Mount Vernon School District to make the facilities of each available for the recreation and athletic needs of school district students and the citizens of Mount Vernon.) (required action – motion) (staff contact – Bill King) D. Approval of Collective Bargaining Agreement (Staff is requesting that Council authorize the Mayor to sign the January 1, 2020 through December 31, 2020 Collective Bargaining Agreement with the Teamsters Local 231.) (required action – motion) (staff contact – Erin Keator) E. Election of Mayor Pro Tempore (City Council must elect from among their number a mayor pro tempore who, in case of the absence, death or disability of the Mayor, shall perform the duties of Mayor.) (required action – motion) (staff contact – Kevin Rogerson) F. Bankruptcy Claim with Insys (Opioid Manufacturer) (The City is a party to a lawsuit against several opioid manufacturers, including but not limited to, Insys who has filed for bankruptcy. Insys legal counsel has provided to the City a copy of their proposed Bankruptcy Plan and ballot for the City to accept or reject the plan.) (required action – motion) (staff contact – Kevin Rogerson) COMMITTEE MEETINGS Public Works and Library 6:00 p.m. Next Ordinance 3803 Next Resolution 972 AGENDA ITEM: A DATE: January 2, 2020 TO: Mayor Boudreau and City Council FROM: Chris Phillips, Development Services Director SUBJECT: PLANNING COMMISSION RE-APPOINTMENT CHRIS BOLLINGER RECOMMENDED ACTION: City Staff recommends City Council authorize the Mayor to Re-Appoint Chris Bollinger as a Planning Commission Member. INTRODUCTION/BACKGROUND: None FINDINGS/CONCLUSIONS: None RECOMMENDATION: City Staff recommends City Council authorize the Mayor to Re-Appoint Chris Bollinger as a Planning Commission Member. ATTACHED: n/a. AGENDA ITEM: B DATE: January 8, 2020 TO: Mayor Boudreau and City Council FROM: William King, Director, Parks and Enrichment Services SUBJECT: APPOINTMENT OF ARTS COMMISSION MEMBERS RECOMMENDED ACTION: Staff requests Council approval for the reappointment of Jill Gilbert to the Mount Vernon Arts Commission. INTRODUCTION/BACKGROUND: In accordance with the City of Mount Vernon ordinance Title 2 Chapter 2.97 - The Mount Vernon Public Arts Commission, Commissioners will be appointed for three-year terms. Commissioners may then be reappointed for additional three-year consecutive terms on a rotational basis. Ms. Gilbert’s term will expire on December 31, 2022. FINDINGS/CONCLUSIONS: NONE RECOMMENDATION: Staff requests Council approve the reappointment of Jill Gilbert to the Mount Vernon Arts Commission, for a three year term to expire on December 31, 2022. ATTACHED: NONE AGENDA ITEM: C AGENDA ITEM: D DATE: December 17, 2019 TO: Mayor Boudreau and City Council FROM: Erin Keator, Human Resources Director SUBJECT: TEAMSTERS’ COLLECTIVE BARGAINING AGREEMENT RECOMMENDED ACTION: Staff recommends that Council authorize the Mayor to sign the Teamsters’ Collective Bargaining for January 1, 2020 through December 31, 2020. INTRODUCTION/BACKGROUND: The Teamsters’ Collective Bargaining Agreement expired December 31, 2019. The City and the Union agreed to a one year roll over of the contract focusing on several minor language changes. The City and Union came to an agreement on December 17, 2019. The Union ratified the contract on January 2, 2020. FINDINGS/CONCLUSIONS: Details of the proposed contract include: 1 Year Contract - January 1, 2020 through December 31, 2020 2.5% Wage Increase 1 Additional floating holiday granted in 2020 only in lieu of the sick leave incentive Language added regarding Washington’s Paid Family Medical Leave premium RECOMMENDATION: Staff recommends that Council authorize the Mayor to sign the Teamsters’ Collective Bargaining agreement for January 1, 2020 through January 31, 2020 ATTACHED: None AGENDA ITEM: E DATE: January 8, 2020 TO: Mayor Boudreau and City Council FROM: Kevin Rogerson, City Attorney SUBJECT: ELECTION OF MAYOR PRO TEMPORE RECOMMENDED ACTION: That the City Council elect from among their number a mayor pro tempore, who shall hold office at the pleasure of the Council, and in case of the absence, death or disability of the Mayor, shall perform the duties of mayor except that he shall not have the power to appoint or remove any officer or to veto any ordinance. INTRODUCTION/BACKGROUND: MVMC 2.08.040 requires members of the City Council, after each general municipal election, and thereafter whenever a vacancy occurs, to elect from among their number a mayor pro tempore. The duties of the Mayor Pro Tempore are in case of the absence, death or disability of the Mayor, to perform the duties of mayor except that he/she shall not have the power to appoint or remove any officer or to veto any ordinance. The appointment of a councilperson as Mayor Pro Tempore shall not in any way abridge his/her right to vote upon all questions coming before the council. FINDINGS/CONCLUSIONS: A general municipal election has concluded requiring the City Council to elect from their number a mayor pro tempore to serve until the conclusion of the next general election or until a vacancy occurs. RECOMMENDATION: NONE ATTACHED: NONE AGENDA ITEM: F City of MOUNT VERNON DATE: January 8, 2020 TO: Mayor Boudreau and City Council FROM: Kevin Rogerson — City Attorney SUBJECT: APPROVAL OF BANKRUPTCY PLAN WITH INSYS RECOMMENDED ACTION: Council authorize the Mayor to approve the proposed plan with Insys. INTRODUCTION/BACKGROUND: The City is a party to lawsuit against several opiod manufacturers including but not limited to Insys. As a result of the City having cognizable claim against Insys it has filed a proof of claim during Insys bankruptcy proceedings (the proof of claim was filed as "unliquidated" as the dollar value of the claim has yet to be determined). As a result, Insys has sent a solicitation package through to legal counsel that includes a copy of Insys' proposed Bankruptcy Plan, and a ballot for voting on whether to accept or reject the Plan. The City has until January 10, 2019 to accept or reject the proposed plan. The Plan places claims in different "Classes". The Classes contain claims that are similar to each other. The claims in each Class all get treated the same, although they may be treated differently from claims in other Classes. Claims of tribes and municipalities (including counties, cities, and school districts) have been placed in Class 8.The MDL Leadership Team in the Multi-District Litigation negotiated changes to the Plan as originally proposed by Insys in order to try to increase the amount available for creditors with Class 8 claims. FINDINGS/CONCLUSIONS: RECOMMENDATION: Approval of the Plan. ATTACHED: The Proposed Plan is 91 pages in length. It is available for review from the City Attorney's Office.

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