HomeMy WebLinkAbout2012-402 Planning - Brian M Ferrell for Legal Representation $265.00 per hour Al 11-0119
Ferrell Firm, P.C.
P.O. Box 16564
Chapel Hill,North Carolina 27516
Telephone(919)883-0960
Fax(866)941-6233
BRIAN M.FERRELL
E-MAIL: bring @ferrellfirm.com
November 7,2012
John Roberts, Esquire
Orange County Attorney
(via Electronic Delivery)
Larry Wright
Chair,Orange County Board of Adjustment
(via Electronic Delivery)
RE: Engagement For Legal Services: Representation of Board of Adjustment—
Appeal of Site Plan Approval for 1907 Orange Chapel Clover Garden Road
Dear Mr. Roberts and Mr.Wright:
Thank you for contacting me regarding the Orange County Board of Adjustment's(the"Board's") need
for legal assistance in the above referenced appeal. I am pleased to assist the Board with this matter. If
agreeable to the County and the Board,this letter sets forth the basic terms of our engagement. I propose
to perform the following legal services on behalf of the Board,with my fees paid directly by the County.
Scope of the Engagement
The initial hearing for the above referenced appeal will be held Monday,November 12,2012,at 7:30 p.m.
I will represent the Board at this hearing and any subsequent hearing dates that may be required on this
matter. Following the initial hearing, Ferrell Firm will assist the Board in the preparation of an order
evidencing its decision.
Waiver of Conflicts and Informed Consent to Representation
Ferrell Firm, P.C. has represented in the past and continues to represent Orange County on multiple legal
matters wholly unrelated to this appeal. We do not believe that our prior or current representation of the
County in these matters will limit in any way our representation of the Board in the current matter.
By signing below, the Board of Adjustment understands and agrees that Ferrell Firm and its attorneys
have represented the County on unrelated cases, including real estate,easement and litigation matters,and
intend to continue to represent the County on matters similar to the aforementioned and wholly unrelated
to the Site Plan Appeal at issue in this engagement. By signing below, the Board affirms its
understanding of this Firm's prior and current representation of the County, and specifically gives
informed consent to Ferrell Firm's representation of the Board in the current matter. The Board expressly
waives any conflicts of interest that may arise during the course of this representation.
Similarly, by signing below,the County understands and agrees that Ferrell Finn will diligently represent
the Board in this matter by exercising its independent judgment without regard to the County's position in
this case or to Ferrell Firm's prior representation of the County. The County understands and agrees that
the Board may choose to overturn the Site Plan Approval based in whole or in part on advice from this
Firm. The County specifically gives informed consent to Ferrell Firm's representation of the Board in
this matter and expressly waives any conflicts of interest that may arise during the course of this
representation.
Fees and Billing for Services Performed
Ferrell Firm, P.C. will charge for work performed on this matter at our normal hourly rates. The hourly
rate for Brian Ferrell is$225.00 per hour and the rate for work performed by my associate Claire Sauls is
$165.00 per hour. Any unusual out of pocket expenses incurred in document and exhibit
preparation, such as copy fees, courier fees, mileage costs and mailing costs shall be the
responsibility of the County. Invoices shall be due and payable upon receipt by the County.
We look forward to working with you on this matter. Please do not hesitate to contact me if you have any
questions.
S' cerely,
M la .Ferrel
FO THE FIRM
The legal services engagement described herein is understood and agreed to, and the County and Board
hereby give their informed consent to this representation and waive any objections to any potential
conflicts of interest that may arise during the scope of this representation:
Orange County,Nort C rolina Orang County Board of Adjustment
By: By:
F Clifto unty Manager Larry right,Chair
Date: ( ..{2,. � Date:
and
.�
By: `- -
ahn Roberts,County Attorney
Date:This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal
Control Act.
Orange County Finance Director