CLOSED SESSION OF THE CHAPEL HILL TOWN COUNCIL

                                            MONDAY, JUNE 21, 1999 at 10:25 P.M.

 

 

Mayor Waldorf called the meeting to order at 10:25 p.m.

 

Council Members in attendance were Flicka Bateman, Joyce Brown, Joe Capowski, Pat Evans, Kevin Foy, Lee Pavăo, and Edith Wiggins.  Council Member Julie McClintock was absent, excused.

 

Staff members in attendance were Town Manager Cal Horton, Assistant Town Managers Sonna Loewenthal and Florentine Miller, Town Attorney Ralph Karpinos, Assistant to the Manager Ruffin Hall, and Town Clerk Joyce Smith.

 

Mayor Waldorf noted that the Council had previously received copies of Attorney Michael Brough’s letter.

 

Mr. Karpinos explained that the deadline to appeal the court’s decision is this week and anything that the Council was willing to accept could not be finalized this week.  He noted that because of the timing, appeals should be filed.  Mr. Karpinos stated that the Council had received from him Capital Associates’ response regarding the office building.  He said he believed the Council should discuss that response at this time, but there was no need to decide now since nothing could be finalized before the appeal deadline.

 

Mr. Karpinos stated that after 5 o’clock today he had received a response regarding the hotel, and that there had not been time to review it.  He stated the next step would be to review that response and perhaps give some advice as to what could be done, perhaps at the June 28th Council meeting.  Mr. Karpinos noted that Mr. Brough was out of town and but had the notice of appeals drafted and signed.  He stated Mr. Brough’s staff was waiting to hear from the Council tomorrow.  Mr. Karpinos said that if the Council decided later not to go forward with the appeals, the appeals should still be filed now to keep the Council’s options open.

 

Council Member Evans asked about the June 17 letter regarding the office building.  She asked if Capital Associates would be willing to make some allowances to avoid an appeal, making some of those issues null and void.  She stated she would hate for the Town to lose any opportunities especially regarding the park and ride lot.  Council Member Evans said if the Town appeals, then money would have to be spent on the appeal and perhaps additional landscaping would not be done.  Mr. Karpinos said the Town would have the expense of preparing the record and having Mr. Brough write the brief, adding that in order to protect the Town's position an appeal should be filed.  He stated that if the Council concluded next week that the suggested terms were viable, then the appeal could be dropped and funds would then be saved.

 

COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER FOY, TO FILE THE TWO APPEALS AS SUGGESTED BY THE TOWN ATTORNEY.

 

 

Council Member Bateman asked Mr. Karpinos to elaborate on the appeals.  Mr. Karpinos stated the notices of appeal had been drafted and were ready to be filed as soon as Mr. Brough's staff was notified.  He said the Council would have the opportunity to take the next week or two and determine a response. Mr. Karpinos said it was important to protect the Town's interest by filing the appeals before the deadline, then discuss what should be done next.

 

Council Member Evans said that because of the way the response was written, she was not in favor of appealing.  She said she would not vote for an appeal, and was concerned that if an appeal was filed the Council may not reach agreement on the minor changes offered in the letter.

 

Council Member Bateman said that the first option was to lower the building by one story, and if that was not acceptable, the next was to reduce the floor area to 91,000 square feet.  She said she would like to have that clarified.  Mr. Karpinos said the Town would have to come up with some formalized agreement and then issue the Special Use Permit as the court had determined.

 

Council Member Wiggins said she was very interested in getting what had been agreed to regarding the office building and the hotel.  She said the appeals should be filed so that negotiation could continue.

 

Mayor Waldorf asked if Council Member Brown would accept an amendment to her motion to file notice of appeal and at the same time ask the Town Attorney to notify the plaintiffs that the Council needed more time for further consideration.  Council Member Brown said she thought that was implicit.

 

Mayor Waldorf said she wanted to explicitly say that the Council was not appealing to close avenues for negotiation.

 

Mayor pro tem Capowski said Mr. Sitton should be told that the Council was appealing to keep all options open.

 

Council Member Brown agreed to Mayor pro tem Capowski’s comments as an amendment to her motion.

 

Mayor Waldorf asked when the Council would be interested in discussing this.  Mr. Horton suggested having the closed session before the June 28th meeting, possibly at 5:30 p.m.

 

Mr. Karpinos said that if at some point this issue is settled and the appeals do not go forward, then the permits need to be issued in some form.  He said with that being the case, the Council needed to think about reaching a decision on June 28th or they may have to proceed with the appeals.

 

Mayor pro tem Capowski asked when the appeals needed to be filed.  Mr. Karpinos stated the appeals needed to be filed by 5 p.m. on June 22nd, and the records must be filed within 30 days, then the brief would have to be filed 30 days after that.  Mr. Karpinos said that meant that a considerable amount of time would be spent on this between now and the Council's return from its summer break.

 

Council Member Evans asked what else must be submitted.  Mr. Karpinos stated that 3 copies of the record must be submitted.

 

THE MOTION, AS AMENDED, WAS ADOPTED UNANIMOUSLY.

 

Mr. Karpinos stated that the Council needed to determine if the proposal from the plaintiff was that if the reduction by one story was rejected, then the option was to reduce the square footage.

 

Council Member Foy stated he believed the Council had asked for one or the other.

 

Mayor Waldorf said the Council needed to communicate if they wanted one or the other.  Mr. Karpinos said the letter stated the plaintiffs were not willing to reduce the height, and if they did then the building would have to be spread out more which would not reduce the total square footage.

 

Council Member Brown said she believed that was answered in the letter.

 

COUNCIL MEMBER BATEMAN MOVED, SECONDED BY COUNCIL MEMBER FOY, THAT THIS ISSUE BE CLARIFIED AND FORWARDED TO MR. SITTON, TO EITHER REDUCE THE BUILDING BY ONE STORY OR REDUCE THE TOTAL FLOOR AREA.  THE MOTION WAS ADOPTED 5-3, WITH COUNCIL MEMBERS CAPOWSKI, EVANS, AND WIGGINS VOTING NAY.

 

Mr. Karpinos stated he would contact the plaintiff to see if they were willing to negotiate further.

 

Mayor pro tem Capowski said he believed the Council needed to study the issues further.

 

Mayor Waldorf asked Mr. Karpinos what his opinion was on the Town's chances on appeal.  Mr. Karpinos said he would respond to that at the closed session on June 28th.

 

COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER FOY, TO ADJOURN THE CLOSED SESSION.  THE MOTION WAS ADOPTED UNANIMOUSLY.

 

The meeting was adjourned at 10:55 p.m.

 

 

 

The minutes of June 21, 1999 were adopted on the 11th day of October, 1999.

 

 

                                                                        __________________________________________

Joyce A. Smith, CMC

                                                                        Town Clerk