03/03/2011 City CouncilEDMONDS CITY COUNCIL APPROVED MINUTES
March 3, 2011
The Special Edmonds City Council meeting was called to order at 5:04 p.m. by Mayor Cooper in the
Brackett Meeting Room, City Hall, 121 5`'' Avenue North, Edmonds, Washington. The meeting was
opened with the flag salute.
ELECTED OFFICIALS PRESENT STAFF PRESENT
Mike Cooper, Mayor
Al Compaan, Police Chief
Strom Peterson, Council President
Debi Humann, Human Resources Director
Steve Bernheim, Councilmember
Scott Snyder, City Attorney
D. J. Wilson, Councilmember
Sandy Chase, City Clerk
Michael Plunkett, Councilmember (via telephone)
Jana Spellman, Senior Executive Council Asst.
Lora Petso, Councilmember
Jeannie Dines, Recorder
Adrienne Fraley- Monillas, Councilmember
Diane Buckshnis, Councilmember
1. APPROVAL OF AGENDA
COUNCILMEMBER WILSON MOVED, SECONDED BY COUNCIL PRESIDENT PETERSON,
TO APPROVE THE AGENDA IN CONTENT AND ORDER. MOTION CARRIED
UNANIMOUSLY.
2. DISCUSSION AND POTENTIAL ACTION REGARDING A PROFESSIONAL SERVICES
AGREEMENT WITH LIGHTHOUSE LAW GROUP.
Mayor Cooper suggested the Council review the final draft of the Professional Services Agreement sent
today at approximately noon that includes amendments that were agreed to by Mr. Snyder, Mr. Taraday
and Councilmember Wilson.
City Attorney Scott Snyder reviewed the amendments:
Paragraph 3, payment for services, Mr. Taraday agreed to a 4 year term at a $32,000 /month flat
fee, with no increase prior to December 31, 2014.
Paragraph 8, the professional liability insurance remains at $2,000,000. That number was
considered valid for several reasons including that it is the WCIA recommended minimum. The
$2,000,000 amount was in the Lighthouse Law Group's proposal and the economics of their
proposal included the cost of malpractice insurance.
Mr. Taraday agreed with Mr. Snyder's explanation regarding the basis for $2,000,000 liability insurance.
To the extent that there is a comparison of Lighthouse Law Group's insurance to Ogden Murphy Wallace,
he explained Ogden Murphy Wallace engages in a number of different types of law that require larger
amounts of insurance such as tax law and hospital law. The amount of liability insurance Ogden Murphy
Wallace carries has nothing to do with their municipal clients. He summarized most firms doing
municipal law have insurance in this range.
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March 3, 2011
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Councilmember Wilson explained other minor additions include a new Section L 14 regarding office
hours; Section 4 is deleted in its entirety; there is no longer a termination without cause clause and
Lighthouse Law Group no longer has a 60 day out. Lighthouse Law Group's only out is, worst case
scenario, bankruptcy. Because no one wants them to go bankrupt, he committed during their discussions,
provided he is still on the Council, to listen to them if they say they cannot make that level of
compensation work. Likewise, whenever it is in the citizens' interest, he will be a voice of settling versus
litigating. He summarized this is a very generous contract. He had assumed the $32,000 /month per year
was for four years and he based a large part of his decision on the selection of Lighthouse Law Group on
that fact. He appreciated Mr. Taraday agreeing to the $32,000 /month fee for four years rather than one
year and he will be sensitive to the pressure that may imply.
Councilmember Fraley- Monillas inquired about office hours. Councilmember Wilson explained
Lighthouse Law Group's proposal said they would have office hours on three days. He wanted to ensure
the office hours were as stated in the proposal. Mr. Taraday agreed their proposal stated three days; they
do not necessarily want to be at City Hall three days if staff does not want them. In his brief introductory
conversations with Mayor Cooper, he was not yet sure how often staff wants them at City Hall.
Councilmember Fraley- Monillas asked if they would be available by phone during the three day time
period if they were not physically available at City Hall. Mr. Taraday advised they were available seven
days a week; the number of days they are at City Hall will largely be a function of how often staff wants
them here.
Councilmember Fraley- Monillas asked if there was any reference in the contract to in -house counsel or
was the City locked into a 4 year contract. Mayor Cooper advised the Council has the ability to terminate
the contract.
COUNCILMEMBER FRALEY MONILLAS MOVED, SECONDED BY COUNCILMEMBER
BUCKSHNIS, TO APPROVE THE PROFESSIONAL SERVICES CONTRACT WITH
LIGHTHOUSE LAW GROUP.
Council President Peterson explained he will support the agreement, finding it very generous. He
reiterated his reservations, assuring it had nothing to do with the professional abilities Mr. Taraday or the
other Lighthouse attorneys; his reservation was the newness of the firm. He looked forward to working
with the Lighthouse Law Group and would do whatever he could to support them in doing their best for
the City. He has reservations with a brand new company due to the issues the City may face from
personnel to other issues, recognizing that things can quickly become complicated. He hoped this new
firm had the resources available. He took them at their word that they did but he was a little nervous.
MOTION CARRIED UNANIMOUSLY.
Councilmember Wilson expressed his thanks to Mr. Snyder for the service he has provided the City. His
legacy in Edmonds is significant, and he is reminded of it every time he enters the Council Chambers and
sees Mr. Snyder's name as a donor of an artwork more than ten years ago.
City Clerk Sandy Chase administered the oath of office to Mr. Taraday.
3. MAYOR'S COMMENTS
Mayor Cooper echoed Councilmember Wilson comments, thanking Mr. Snyder for his many years of
service. He commented Mr. Snyder was working as the City Attorney until about a half hour ago, helping
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him finish up several items. He thanked Mr. Snyder for the assistance he provided him as the City's new
Mayor.
Mayor Cooper announced Finance Director Lorenzo Hines has accepted the position of Finance Director
in Lynnwood and submitted his resignation. His last day in Edmonds will be March 15. An interim
Finance Director will be in place before Mr. Hines leaves and staff will immediately begin a broad search
for a new Finance Director.
4. COUNCIL COMMENTS
Councilmember Fraley- Monillas echoed the comments regarding Mr. Snyder, explaining he was one of
the first people she met with after being sworn in. She appreciated his service to the City and to her as a
new Councilmember.
Council President Peterson thanked Mr. Snyder for his service and Mr. Hines who has also assisted him.
5. ADJOURN
With no further business, the Council meeting was adjourned at 5:20 p.m.
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