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