SUMMARY MINUTES OF A CLOSED SESSION
OF THE CHAPEL HILL TOWN COUNCIL
MONDAY, MARCH 15, 1999 AT 10:02 P.M.
Mayor Waldorf called the closed session to order at 10:02 p.m.
Council Members present were Flicka Bateman, Joyce Brown, Joe Capowski, Pat Evans, Kevin Foy, Julie McClintock, Lee Pavăo, 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.
Town Attorney Ralph Karpinos stated the Town’s petition to intervene in the net metering case before the North Carolina Utilities Commission was granted several weeks ago. He said that as a party, the Town now had the opportunity to present a case before the Commission at the hearings on this matter. Mr. Karpinos asked the Council what its wishes were regarding these proceedings — what did you wish the staff to do, and should additional counsel be retained to assist the Town. He noted a firm had contacted the Town by letter offering their services. Mr. Karpinos added he did not feel qualified to represent the Town on this issue if the Town was going to take an active role.
Mr. Karpinos noted that among the parties to this proceeding were a number of other municipalities, the utility companies, and several other associations. He asked what role the Council wished the Town to have, and if the Council wanted staff to begin interviewing potential witnesses.
Council Member Brown stated she had spoken to the Chair of the Solar Energy Association, and he noted that the deadline for filing reply comments was extended to March 26th. She said he stated also that he and others had been working with Utilities staff and believed the hearings would not be the usual kind of public hearing with testimony and cross examination, rather it would be a regular public hearing. Council Member Brown said the Solar Energy Chair believed it would be helpful if the Council sent representatives to the public hearing to speak specifically about how this could benefit the Town or any persons or organizations within our community. She said the new fire station came to mind as a benefit of net metering, that solar panels could be installed. Council Member Brown stated Council representatives could attend the public hearing and give support in a general or specific way of how this could benefit the Town.
Council Member McClintock stated she did not have a clear understanding of the basic principle of net metering. Mr. Karpinos said if you had a solar energy source or some other way of generating power for your own use, then your meter was basically running in the opposite direction because you were adding to the power grid.
Mayor pro tem Capowski said he did not see any private citizen in Chapel Hill being able to generate enough electricity for it to be an advantage to the Town.
Mayor Waldorf said taking into account Council Member Brown’s comments, it appeared there was no need to hire an attorney, that the Town could just participate in the public hearing. Council Member Brown said that was correct, that the Council should have a presence at the public hearing, which would cost the Town nothing. She offered to stay in touch with those working on this issue.
Council Member Foy asked who else would be involved other than the Utilities Commission. Mr. Karpinos answered the Southern Environment Law Center was involved, but he did not have any other information at this time. He said that the landfill had the potential to have an impact. Council Member Foy asked if that could be pursued.
Council Member Brown noted that the NC Solar Energy Association was working on these types of issues as well as the Southern Environment Law Center. She said that was whom we should be working with.
Council Member Foy said it did not appear that anyone from our staff should be spending a lot of time on this.
Mayor Waldorf asked Mr. Karpinos if he was comfortable with not pursuing this issue, or hiring additional counsel. She reiterated that Council Member Brown would stay on top of the issue and keep the Council informed. Mr. Karpinos agreed, and stated that he would notify the Council when he had additional information available.
Mayor Waldorf said it appeared the Council did not wish for additional counsel to be hired.
Mayor Waldorf stated that four members of the Council had met recently with Michael Brough. The four Council Members who participated were Joe Capowski, Joyce Brown, Kevin Foy, and Julie McClintock. She said she was disturbed that this meeting had occurred without the rest of the Council being made aware of it. Mayor Waldorf stated that she had requested that Mr. Brough meet with the Council on Monday evening, March 22nd, to brief the entire Council on what had been discussed at the meeting in question, and he had agreed.
Council Member Foy, who participated in the meeting, said the meeting was not an exchange of information from Mr. Brough to the Council, but from them to Mr. Brough. He said he and the other Council Members who participated in the meeting believed it was imperative that in order to have a full background on what had gone on, it was necessary for them to meet with Mr. Brough.
Council Member Evans asked if it was necessary to meet with Mr. Brough without the other Council Members being made aware of the meeting.
Council Member Pavăo added that the other Council Members should have been informed.
Mayor pro tem Capowski stated the meeting was to explain to Mr. Brough exactly what had occurred.
Council Member Pavăo said the other Council Members would not have known of the meeting if Mr. Brough had not forwarded an invoice to the Town.
Council Member Foy stated that any Council Member had a right to talk to the Town’s counsel.
Mayor Waldorf stated if that was the case, then the entire Council should have done so in a closed session.
Council Member Pavăo commented that the meeting was in February and the remainder of the Council had found out about it because a bill was sent.
Council Member Bateman said she agreed that others should have been given the courtesy of attending the meeting and should have been informed about it.
Council Member Foy stated that Mr. Brough had noted that the meeting was not a public meeting because only four members of the Council were present, and that he would inform the entire Council that the meeting had taken place. Council Member Foy said the purpose of the meeting was to inform Mr. Brough of what had taken place in the Council meeting.
Council Member Evans said Mr. Brough possessed the entire record, so the meeting was not necessary.
Council Member Pavăo stated that if the other Council Members had done this, then the four Council Members who had participated in the meeting would most likely criticize them and would feel that it was poor form. He added his belief that the four Council Members felt they were in control and took advantage.
Council Member McClintock, who had taken part in the meeting, stated she felt that there had not been a free and open sharing of information from the beginning.
Council Member Pavăo said he did not want four Council Members to feel they were better qualified to inform the Town’s counsel, rather than the full Council.
Council Member Foy stated he could collect information from anyone he chose.
Mayor Waldorf asked if the four participating Council Members could see the others’ point of view.
Council Member Bateman said when five people get excluded, she agreed it was poor form. She said it did not promote the group functioning as a team. Council Member Bateman added the meeting should not have taken place.
Council Member Evans said those four members had not been elected by the Council to represent the Council to Mr. Brough.
Council Member Brown, who had taken part in the meeting in question, said the evening had been emotionally trying and she did not see any point in continuing to criticize the four members who had taken part in the meeting. She said she had gotten the point and did not want to continue the discussion.
COUNCIL MEMBER BROWN MOVED TO ADJOURN THE CLOSED SESSION.
Council Member Pavăo stated that just because Council Member Brown wanted to close the discussion, the others should not have to agree. He stated he did not feel that was fair or equitable.
Mayor pro tem Capowski said any of the Council Members were able to talk to any counsel whenever they wanted to.
Council Member Evans said the difference was that the remainder of the Council had not been given the opportunity to participate.
Council Member Pavăo reiterated that the remainder of the Council were not told of the meeting.
Council Member Evans said it was important that the entire Council operate at the same level of knowledge.
Mayor Waldorf said Mr. Brough would meet with the full Council on March 22nd in closed session.
Council Member Wiggins asked for the amount of Mr. Brough’s invoice for the meeting. Mayor Waldorf responded it was a 2 ˝ hour meeting at $150 per hour, for a total of $375.
Council Member Wiggins asked if individual Council Members had the ability to incur these types of expenses without the knowledge of the other Council Members. Council Member Foy said they had a right to provide a prospective to the attorney as did any other Council Member.
Council Member Pavăo asked why had they wanted to change the resolution of denial. Council Member McClintock said they simply wanted to clarify the resolution.
COUNCIL MEMBER MCCLINTOCK SECONDED THE MOTION TO ADJOURN THE CLOSED SESSION. THE MEETING WAS ADJOURNED BY CONSENSUS.
The meeting was adjourned at 10:25 p.m.
The minutes of March 15, 1999 were adopted on the 12th day
of April, 1999.
__________________________________________
Joyce A. Smith, CMC
Town Clerk