02/11/2014 City CouncilEDMONDS CITY COUNCIL APPROVED MINUTES
February 11, 2014
The Edmonds City Council meeting was called to order at 5:30 p.m. by Mayor Earling in the Council
Chambers, 250 5th Avenue North, Edmonds. The meeting was opened with the flag salute.
ELECTED OFFICIALS PRESENT
Dave Earling, Mayor
Diane Buckshnis, Council President
Kristiana Johnson, Councilmember
Lora Petso, Councilmember
Strom Peterson, Councilmember
Joan Bloom, Councilmember
Adrienne Fraley-Monillas, Councilmember
1. ROLL CALL/FLAG SALUTE
STAFF PRESENT
Phil Williams, Public Works Director
Carrie Hite, Parks & Recreation Director
Rob Chave, Acting Development Services Dir.
Kernen Lien, Senior Planner
Rob English, City Engineer
Renee McRae, Recreation Manager
Sarah Mager, Accountant
Brian Tuley, IT Supervisor
MaryAnn Hardie, Human Resources Manager
Jeff Taraday, City Attorney
Scott Passey, City Clerk
Linda Hynd, Deputy City Clerk
Jana Spellman, Senior Executive Council Asst.
Jeannie Dines, Recorder
City Clerk Scott Passey called the roll. All elected officials were present.
2. CONVENE IN EXECUTIVE SESSION REGARDING POTENTIAL LITIGATION PER RCW
42.30.110(1)(i)
At 5:32 p.m., Mayor Earling announced that the City Council would meet in executive session regarding
potential litigation per RCW 42.30.110(1)(i). He stated that the executive session was scheduled to last
approximately 30 minutes and would be held in the Jury Meeting Room, located in the Public Safety
Complex. Action may occur as a result of meeting in executive session. Elected officials present at the
executive session were: Mayor Earling, and Councilmembers Johnson, Fraley-Monillas, Buckshnis,
Peterson, Petso and Bloom. Others present were City Attorney Jeff Taraday, Senior Planner Kernen Lien and
City Clerk Scott Passey. The executive session concluded at 6:05 p.m.
Mayor Earling reconvened the regular City Council meeting at 6:07 p.m. He deferred the gavel to Council
President Buckshnis to conduct the next agenda item.
3. CONTINUED INTERVIEWS TO FILL COUNCIL VACANCY POSITION #6
The Council conducted a second, 20 minute interview of the following candidates for City Council Position
#6 vacancy:
• Deborah Anderson
Edmonds City Council Approved Minutes
February 11, 2014
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• Alvin Rutledge
Council President Buckshnis returned the gavel to Mayor Earling.
5. POTENTIAL ACTION ON APPOINTMENT TO FILL COUNCIL VACANCY POSITION #6
Mayor Pro Tem Buckshnis explained that the Council's goal was to ensure all applicants felt they were
treated fairly and equally; this continues to be the objective. The recommended process initially was to
follow the previous process that included two nights of extended interviews. However, concerns were
expressed that it could be advantageous if some applicants became aware of questions ahead of time. Other
Councilmembers were concerned the length of the interviews would have to be shortened due to the number
of applicants. In hindsight, the concern about applicants becoming aware of questions ahead of time was not
resolved with conducting all interviews on one night because the interviews are live streamed. Regardless, a
hybrid approach was utilized that allowed for shorter interviews of all applicants in one night and a second
set of interviews afforded to those candidates that may have been less known to the community and
Councilmembers. Council President Buckshnis commented she had not directly heard a single complaint
from a citizen or applicant that this process was unfair.
Council President Buckshnis explained prior to the second set of interviews, some Councilmembers were
uncomfortable that some applicants were afforded additional time. Therefore the process was modified again
to allow all applicants who wanted to have a second interview that right. Two applicants requested a second
interview, with the others declining but providing written responses to additional questions.
Council President Buckshnis summarized this hybrid approach may not have been a perfect process and the
appointment process has never been a perfect process. But it was hard to argue that the applicants had not
been afforded an opportunity to express in both writing and verbally, 1) why they would like to join the
Council, 2) their perspectives about the community's values and priorities, and 3) what their goals may be.
Considering the amount of time spent on this process, she suggested it may be valuable to consider adopting
a formal policy for future appointments. She thanked City Attorney Jeff Taraday for his assistance during the
process.
City Clerk Scott Passey read the rules for nomination/election to fill Council vacancy which were contained
in the Council packet:
Nominations
Each Councilmember may nominate one candidate from the list of applicants by placing an "X" beside the
name of the applicant of his or her choice on the form supplied for that purpose by the City Clerk, and by
signing the nomination form. The City Clerk will announce and maintain a permanent record of the
nominations and of the Councilmember nominating each candidate.
The Election
Each Councilmember may vote for one candidate by placing an "X" beside the name of the candidate of his
or her choice on the ballot supplied for that purpose by the City Clerk, and by signing the ballot. The City
Clerk will announce and maintain a permanent record of each ballot and who voted for each candidate.
A Deadlock
A deadlock occurs after each Councilmember votes the same way on three consecutive ballots. In the event
the City Council should deadlock, then previous nominations are declared null and void and the Council may
begin a new round of nominations.
Nomination 1
Candidate Councilmember
Edmonds City Council Approved Minutes
February 11, 2014
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Stephen Schroeder
Buckshnis
Kathleen Dewhirst
Peterson
Neil Tibbot
Johnson
Steve Bernheim
Frale -Monillas, Bloom & Petso
Candidate Votes Councilmember
Ballot 1
Stephen Schroeder
1
Buckshnis
Kathleen Dewhirst
1
Peterson
Neil Tibbot
1
Johnson
Steve Bernheim
3
Bloom, Petso & Fraley-Monillas
Ballot 2
Stephen Schroeder 1 Buckshnis
Neil Tibbot 2 Peterson & Johnson
Steve Bernheim 3 Petso, Fraley-Monillas & Bloom
Ballot 3
Stephen Schroeder 2 Buckshnis & Johnson
Neil Tibbot 1 Peterson
Steve Bernheim 3 Frale -Monillas, Bloom & Petso
Ballot 4
Stephen Schroeder
3
Buckshnis, Peterson & Johnson
Steve Bernheim
3
Fraley-Monillas, Bloom & Petso
Ballot 5
Stephen Schroeder
3
Buckshnis, Peterson & Johnson
Steve Bernheim
3
Fraley-Monillas, Bloom & Petso
Ballot 6
Stephen Schroeder 3 Buckshnis, Peterson & Johnson
Steve Bernheim 3 Frale -Monillas, Bloom & Petso
The Council vote reached a deadlock (each Councilmember voted the same way on three consecutive
ballots), making previous nominations null and void. Mr. Passey requested Councilmembers complete
Nomination Form 2.
Nomination 2
Candidate
Councilmember
Stephen Schroeder
Buckshnis
Neil Tibbot
Peterson & Johnson
Steve Bernheim
Fraley-Monillas, Bloom & Petso
Councilmember Petso thanked all the candidates who applied, noting the Council was fortunate to have a
number of good candidates. She nominated Steve Bernheim because the Council was fortunate to have two
former Councilmembers willing to return to serving on the Council, one of whom is Mr. Bernheim. She
recalled during the interviews, Mr. Bernheim emphasized he would support process over outcome which she
felt it would be valuable to the Council.
Council President Buckshnis expressed her support for Stephen Schroeder, noting his answers to the
interview questions were very well informed and illustrate that he has done his homework and watches City
Council meetings. The information he provided on quasi-judicial matters was accurate and his background
would be helpful in the code rewrite. In addition he is well-informed about the critical areas ordinance; after
Edmonds City Council Approved Minutes
February 11, 2014
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the Council's quasi-judicial consideration of the Hillman variance appeal, he and his neighbor purchased the
property. She agreed many wonderful candidates applied; Mr. Schroeder is an excellent candidate.
Candidate
Votes
Councilmember
Ballot 7
Buckshnis & Johnson
Neil Tibbot
Stephen Schroeder
1
Buckshnis
Neil Tibbot
2
Peterson & Johnson
Steve Bernheim
3
Frale -Monillas, Petso & Bloom
Ballot 8
3
Buckshnis, Peterson & Johnson
Stephen Schroeder
1
Buckshnis
Neil Tibbot
2
Johnson & Peterson
Steve Bernheim
3
Frale -Monillas, Bloom & Petso
Ballot 9
3
Frale -Monillas, Bloom & Petso
Stephen Schroeder
1
Buckshnis
Neil Tibbot
2
Johnson & Peterson
Steve Bernheim
3
Fraley-Monillas, Bloom & Petso
The Council vote reached a deadlock. Mr. Passey requested Councilmembers complete Nomination Form 3
Nomination 3
Candidate
Councilmember
Stephen Schroeder
Buckshnis & Johnson
Neil Tibbot
Peterson
Steve Bernheim
Fraley-Monillas, Bloom & Petso
Candidate
Votes
Councilmember
Ballot 10
Stephen Schroeder
Buckshnis & Johnson
Stephen Schroeder
3
Buckshnis, Peterson & Johnson
Steve Bernheim
3
Fraley-Monillas, Bloom & Petso
Ballot 11
Stephen Schroeder
3
Buckshnis, Peterson & Johnson
Steve Bernheim
3
Fraley-Monillas, Bloom & Petso
Ballot 12
Stephen Schroeder
3
Buckshnis, Peterson & Johnson
Steve Bernheim
3
Frale -Monillas, Bloom & Petso
The Council vote reached a deadlock. Mr. Passey requested Councilmembers complete Nomination Form 4.
Councilmember Bloom asked how many deadlocks the Council could reach. Mr. Passey responded there are
no hard and fast rules about the number of deadlocks; it is the Council's process. There needs to be four
votes for one of the candidates in order to appoint. Councilmember Fraley-Monillas recalled the Council
completed 33 ballots before Councilmember Peterson was appointed. Council President Buckshnis
commented Roberts Rules allow the Council to convene in executive session to discuss the candidates'
qualifications.
Nomination 4
Candidate
Councilmember
Stephen Schroeder
Buckshnis & Johnson
Neil Tibbot
Peterson
Steve Bernheim
Fraley-Monillas, Bloom & Petso
Edmonds City Council Approved Minutes
February 11, 2014
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Councilmember Peterson commented Mr. Tibbot has shown a great deal of interest and dedication to the City
over the years on the Planning Board, the Transportation Committee and other committees. He was very
impressed with Mr. Tibbot's knowledge of the way the City works and his involvement with the City's
processes on a number of different issues. He was impressed with Mr. Tibbot's interview as well as the quiet,
often frustrating work done by committee members.
Councilmember Fraley-Monillas explained one of the reasons she believed Mr. Bernheim was the best
candidate was he served on the Transportation Committee as well as on the Council for four years. She said
the Council needs a consensus builder, someone who the Council knows and has worked with, someone who
will not jump the perceived sides; he is honest and direct and regardless of whether one likes his decisions,
he stands by his decisions. For those reasons, she felt Mr. Bernheim was the best choice.
Candidate
Votes
Councilmember
Ballot 13
Stephen Schroeder
Buckshnis & Peterson
Stephen Schroeder
2
Buckshnis & Johnson
Neil Tibbot
1
Peterson
Steve Bernheim
3
Frale -Monillas, Bloom & Petso
Ballot 14
Stephen Schroeder
2
Buckshnis & Johnson
Neil Tibbot
1
Peterson
Steve Bernheim
3
Frale -Monillas, Bloom & Petso
Ballot 15
Stephen Schroeder
2
Buckshnis & Johnson
Neil Tibbot
1
Peterson
Steve Bernheim
3
Fraley-Monillas, Bloom & Petso
The Council vote reached a deadlock. Mr. Passey requested Councilmembers complete Nomination Form 5.
Nomination 5
Votes
Candidate
Councilmember
Stephen Schroeder
Buckshnis & Peterson
Neil Tibbot
Johnson
Steve Bernheim
Fraley-Monillas, Bloom & Petso
Candidate
Votes
Councilmember
Ballot 16
Stephen Schroeder
2
Buckshnis & Peterson
Neil Tibbot
1
Johnson
Steve Bernheim
3
Frale -Monillas, Bloom & Petso
Ballot 17
Stephen Schroeder
2
Buckshnis & Peterson
Neil Tibbot
1
Johnson
Steve Bernheim
3
Fraley-Monillas, Bloom & Petso
Ballot 18
Stephen Schroeder
2
Buckshnis & Peterson
Neil Tibbot
1
Johnson
Steve Bernheim
3
Fraley-Monillas, Bloom & Petso
The Council vote reached a deadlock.
Edmonds City Council Approved Minutes
February 11, 2014
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Mayor Earling asked whether the Council was interested in continuing to vote, taking a break, or convening
in executive session. Mr. Taraday explained per RCW 42.30.110(1)(h), the Council can go into executive
session to evaluate the qualifications of a candidate for appointment to elective office. However, any
interview of such candidate and final action appointing a candidate to elective office shall be in a meeting
open to the public.
Councilmember Petso asked whether the notes that are typically taken of executive session would be
immediately subject to disclosure upon seating the new Councilmember or would they remain confidential.
Mr. Taraday answered that is a debatable question; the Public Records Act (PRA) does not provide an
express exemption for this type of record. To the extent that the City did not want to disclose that type of
record, there would need to an argument that it fit within the rubric of other exceptions to the PRA.
Mayor Earling declared a 5 minute recess.
Mr. Passey requested Councilmembers complete Nomination Form 6.
Nomination 6
Candidate Councilmember
Stephen Schroeder Buckshnis, Peterson & Johnson
Steve Bernheim Frale -Monillas, Bloom & Petso
Candidate
Votes
Councilmember Vote
Ballot 19
Buckshnis, Peterson & Johnson
Steve Bernheim
Stephen Schroeder
3
Buckshnis, Peterson & Johnson
Steve Bernheim
3
Frale -Monillas, Bloom & Petso
Ballot 20
Stephen Schroeder
3
Buckshnis, Peterson & Johnson
Steve Bernheim
3
Fraley-Monillas, Bloom & Petso
Ballot 21
Stephen Schroeder
3
Buckshnis, Peterson & Johnson
Steve Bernheim
3
Fraley-Monillas, Bloom & Petso
The Council vote reached a deadlock. Mr. Passey requested Councilmembers complete Nomination Form 7.
Nomination 7
Candidate
Councilmember
Stephen Schroeder
Buckshnis, Peterson & Johnson
Steve Bernheim
Frale -Monillas, Bloom & Petso
Candidate
Votes
Councilmember Vote
Ballot 22
Stephen Schroeder
3
Buckshnis, Peterson & Johnson
Steve Bernheim
3
Frale -Monillas, Bloom & Petso
Ballot 23
Stephen Schroeder
3
Buckshnis, Peterson & Johnson
Steve Bernheim
3
Fraley-Monillas, Bloom & Petso
Ballot 24
Stephen Schroeder
3
Buckshnis, Peterson & Johnson
Steve Bernheim
3
Fraley-Monillas, Bloom & Petso
Edmonds City Council Approved Minutes
February 11, 2014
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The Council vote reached a deadlock. Mr. Passey requested Councilmembers complete Nomination Form 8.
Nomination 8
Candidate
Councilmember
Stephen Schroeder
Buckshnis, Peterson & Johnson
Steve Bernheim
Fraley-Monillas, Bloom & Petso
Candidate
Votes
Councilmember Vote
Ballot 25
Stephen Schroeder
3
Buckshnis, Peterson & Johnson
Steve Bernheim
3
Frale -Monillas, Bloom & Petso
Ballot 26
Stephen Schroeder
3
Buckshnis, Peterson &Johnson
Steve Bernheim
3
Fraley-Monillas, Bloom & Petso
Ballot 27
Stephen Schroeder
3
Buckshnis, Peterson & Johnson
Steve Bernheim
3
Fraley-Monillas, Bloom & Petso
The Council vote reached a deadlock.
Mayor Earling commented a pattern was emerging. He suggested the Council take a week's break to think
about the candidates and continue the process at the next Council meeting.
Councilmember Petso commented if the Council chose to continue the process next week, she would watch
the interviews of the two candidates again. If all Councilmembers did the same, that may lead to a solution.
Council President Buckshnis expressed her appreciation to all the candidates who applied. She suggested
Councilmembers also review the candidates' written responses to questions.
Councilmember Fraley-Monillas said she would agree to a week's delay if the Council concentrated on the
two candidates that the vote had deadlocked on five times. She did not want begin nominating other
candidates next week. She suggested an executive session to discuss qualifications. She asked about the
procedure for a continued deadlock. Mr. Taraday explained if the Council failed to appoint a Councilmember
within 90 days of the occurrence of the vacancy, the County Council will make the appointment. The
Council has at least six weeks until that deadline.
Councilmember Bloom preferred to convene in executive session to discuss the candidates.
Councilmember Peterson said he was agreeable to an executive session. If the Council decided to delay a
decision to next week, he did not support limiting nominations to the two candidates.
Mayor Earling suggested an executive session and the Council making a decision following the executive
session whether to continue with nominations and voting tonight or delay the decision to next week.
Executive Session
At 7:57 p.m., Mayor Earling announced that the City Council would meet in executive session to evaluate
the qualifications of a candidate for appointment to elective office per RCW 42.30.110(1)(h). He stated that
the executive session was scheduled to last approximately 15 minutes and would be held in the Jury Meeting
Room, located in the Public Safety Complex. Action may occur as a result of meeting in executive session.
Elected officials present at the executive session were: Councilmembers Johnson, Fraley-Monillas,
Edmonds City Council Approved Minutes
February 11, 2014
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Buckshnis, Peterson, Petso and Bloom. Others present were City Attorney Jeff Taraday and City Clerk Scott
Passey. At 8:15 p.m. Council President Buckshnis announced to the public present in the Council Chambers
that an additional 10 minutes would be required in executive session. The executive session concluded at
8:25 p.m.
Mayor Earling reconvened the regular City Council meeting at 8:26 p.m.
COUNCIL PRESIDENT BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER PETSO, TO
EXTEND THE PROCESS UNTIL NEXT WEEK AS SOME COUNCILMEMBERS WANT AN
OPPORTUNITY TO REVIEW THE INTERVIEWS AND THEIR NOTES. MOTION CARRIED
UNANIMOUSLY.
6. ADJOURN TO COMMITTEE MEETINGS
With no further business, the Council meeting was adjourned to committee meetings at 8:27 p.m.
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Edmonds City Council Approved Minutes
February 11, 2014
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