SUMMARY MINUTES OF A CLOSED SESSION
OF THE CHAPEL HILL TOWN COUNCIL
MONDAY, FEBRUARY
8, 1999
Mayor Rosemary
Waldorf opened the closed session at 10:06 p.m.
Council Members
present were Flicka Bateman, Joyce Brown, Joe Capowski, Pat Evans, Kevin Foy,
Julie McClintock, Lee Pavão, and Edith Wiggins. Staff Members present were Town Manager Cal Horton, Assistant
Town Manager Sonna Loewenthal, Town Attorney Ralph Karpinos, Assistant to the
Manager Ruffin Hall and Town Clerk Joyce Smith.
Mayor Waldorf noted
that the purpose of the session was to discuss potential litigation pertaining
to the Council’s recent decisions regarding the Meadowmont Special Use Permits.
Mr. Karpinos stated
he had received word that appeals on the Council's denial of the Meadowmont
Hilton Garden Inn and Office Park Special Use Permits would be filed in the
next few days, and the initial hearing would most likely be scheduled for the
week of March 22nd. Mr.
Karpinos said he wanted the Council’s feedback on the possibility of retaining
additional counsel, and what process might be used.
Mayor Waldorf asked if he had any recommendations. Mr. Karpinos said that the Council had some months ago suggested some names of attorneys on another Meadowmont matter, and he could make contact with those previously discussed. Mr. Karpinos noted the following attorneys had been considered:
Frank
Gray
Jack
Hunter
Bob
Epting
David
Rooks
Firm of
Womble, Carlyle
Michael
Crowell
Michael
Brough
Susan
Burkhart
Firm of
Poyner and Spruill
Michael
Patrick
Mr. Karpinos noted
that the firm of Smith Helms Mullis & Moore, representing the applicants,
had substantial resources capable of handling the large volume of materials
that must be reviewed in a short period of time. He stated another firm to consider is Womble, Carlyle, and
possibly the group that Susan Burkhart is associated with. Mr. Karpinos said he did not believe she
would be available as she is committed to another Town case that week.
Council Member
Evans asked what rate might be expected.
Mr. Karpinos said it depended on whether a senior partner was assigned,
a junior partner or an associate. He
said the going cost of a senior partner at one of the large Raleigh firms would
be in the neighborhood of the lower $200’s per hour, and around $150 for an
associate.
Council Member Foy
asked for Mr. Karpinos’ opinion on how much familiarity Michael Brough might
have with these issues. Mr. Karpinos
said he believed Mr. Brough could step in immediately.
Council Member Foy
asked if Mr. Brough would be able to handle the case. Mr. Karpinos said he would still have to do a lot of work as well
as Town staff, but that Mr. Brough already possessed a depth of understanding
about the issues surrounding this development.
Council Member
Bateman stated she was not interested in retaining Mr. Brough.
Council Member
McClintock disagreed.
Mayor Waldorf said
the Council should decide on several choices, and suggested a one, two, three
priority list, so that someone could be contacted and retained to allow work to
start as soon as possible. She asked
the Council to express some preferences.
Council Member
Brown noted she favored Mr. Brough, as he was familiar with the merits of the
case and was from Chapel Hill.
Council Member
Evans asked if Mr. Brough had argued for the opposing side in the last lawsuit.
Mr. Karpinos stated last time Mr. Brough was opposing Council approvals and
this time he would be defending denials.
Mayor pro tem
Capowski stated he had talked with Mr. Brough and asked him if he was
available. Mr. Brough had responded that he was available and indicated he
would consider taking the case. Mr. Karpinos said Mr. Brough would not have to
spend as much time becoming informed about the case as other attorneys might.
Council Member Wiggins
said she could not form an opinion on Mr. Brough because she did not know what
Council Member Bateman knew. She
indicated the Council must maintain the integrity of Closed Sessions. Council Member Wiggins said a reporter had
contacted her about her vote in the Closed Session regarding the Burma
policy. She stated that if the Council
could not keep private what takes place in closed session, then they cannot be
effective in their work.
Council Member
Wiggins asked Council Member Bateman for her views of Mr. Brough. Council Member Bateman responded that she
did not want to elaborate if the proceeding would not be kept confidential.
Council Member
Wiggins said she trusted Mr. Karpinos' suggestion of having Mr. Brough on the
list.
Mayor Waldorf asked
for a show of hands.
Mayor Waldorf
concluded that Mr. Brough should appear on the list.
Council Member Foy
suggested the other two on the list should be the firms suggested by Mr.
Karpinos, those being Womble, Carlyle and Poyner and Spruill. There was a consensus of the Council on this
point.
Mayor Waldorf
suggested that Womble, Carlyle be placed on the list.
Council Member
Wiggins asked how many Council Members would like Womble, Carlyle to be first
on the list. Mayor Waldorf and Council
Members Pavão and Foy responded affirmatively.
Mayor pro tem
Capowski said the price would be higher if a large firm were used, and asked if
that would be better or just more expensive.
Mr. Karpinos asked what was meant by better. Mayor pro tem Capowski asked whether the Town would have a better
chance of winning with a large firm.
Mr. Karpinos noted that more staff resources would be available with
Womble, Carlyle, but Mr. Brough was more familiar with the case. He said the likelihood of success most
probably was not greater with one or the other, but the past relationship of
the Town with Mr. Brough might be a factor the Council would want to consider.
Mr. Horton said the
single advantage of a larger firm was that they could quickly apply a lot of
resources in a short period of time. He
said that Mr. Brough is quite competent, but does not have the resources that a
larger firm would have.
Council Member
McClintock said that sometimes you get potluck when you retain a large firm.
Council Member
Wiggins said it felt strange to hire an attorney that was part of a previous
suit against the Town. She said that
Mr. Brough had represented some members of the Council who had voted against
the earlier decisions of the Council.
Council Member Wiggins said she was on the losing end of that vote, and
she realized her position was different from those on the winning end.
Council Member
Brown asked Mr. Karpinos how familiar he was with the attorneys in the two
larger firms. Mr. Karpinos said he did
not know many of the attorneys at Poyner and Spruill, and would like the
opportunity to contact them and find out who would be assigned and then make an
assessment.
Council Member
McClintock said that Mr. Brough had been effective in being on the opposite
side of the Council on many issues, and his familiarity with the issues would
be an asset. Mr. Karpinos said that Mr.
Brough was commonly found to represent developers, and that may be why he
appeared in past cases to be in opposition to the Council.
Council Member Foy
asked what the process would be from this point. Mr. Karpinos said he would like to have at least a first and
second choice so that he could begin contacting them. He added the suit would most likely be filed on Tuesday or
Wednesday, February 9th or 10th.
Council Member
Bateman asked about Susan Burkhart. Mr.
Karpinos said she was not available that week, and he was not familiar with
other attorneys in her firm who handle land use cases.
Council Member
Brown asked about Poyner and Spruill.
Mr. Karpinos stated they were another big law firm in Raleigh.
Mayor pro tem
Capowski asked if Poyner and Spruill had any Chapel Hill experience. Mr. Karpinos said he did not believe so.
COUNCL MEMBER
MCCLINTOCK MOVED THAT MICHAEL BROUGH, THEN WOMBLE, CARLYLE, THEN POYNER AND
SPRUILL, IN THAT ORDER, BE CONTACTED.
COUNCIL MEMBER BROWN SECONDED.
THE MOTION PASSED 7-2, WITH COUNCIL MEMBERS EVANS AND BATEMAN OPPOSED.
Council Member
McClintock asked if the minutes of the meeting of January 11th,
which included the two Meadowmont items, would be adopted at the next regular
meeting. Mr. Karpinos stated that they
were scheduled for adoption on February 22nd.
Council Member
Wiggins asked what should be done if a reporter questioned them about E-mail
messages pertaining to this case. Mr.
Karpinos stated that he should be called for advice.
The closed session
was adjourned at 10:38 p.m.
The minutes of February 8,
1999 were adopted on the 22nd day of March, 1999.
______________________________________
Joyce
A. Smith, CMC
Town Clerk