SUMMARY MINUTES OF A CLOSED SESSION

OF THE CHAPEL HILL TOWN COUNCIL

WEDNESDAY, JANUARY 20, 1999

 

Mayor Rosemary Waldorf opened the closed session at 9:51 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 Managers Sonna Loewenthal and Florentine Miller, Town Attorney Ralph Karpinos, and Interim Town Clerk Joyce Smith.

 

Mr. Karpinos stated he had received a letter from the National Foreign Trade Council regarding a court decision stating that Massachusetts’ policy on doing business with Burma was illegal.  He noted the National Foreign Trade Council had asked that the Town repeal its policy to avoid opening itself to lawsuits.  Mr. Karpinos said the question is whether the Council wishes to consider changing its policy with respect to Burma, or take no action at all.

 

Council Member Brown asked it that was opinion or fact, and if they were an entity that could make such a request.  Mr. Karpinos responded that they are a private agency that represented corporations that represent international companies.

 

Council Member Evans asked if we do business with Burma.  Mr. Horton said the policy relates to doing business with companies that do business with Burma.  Council Member Evans asked if we had had a problem; has anyone said they could not meet the Town's standard regarding contracts and the stamp that we use on each.

 

Council Member Foy asked if it would have to be shown that they were harmed in some way.  Mr. Karpinos said it would have to be shown that we were doing something that harmed the policy of the federal government.

 

Council Member Evans asked for the Attorney’s advice.  Mr. Karpinos said he could give an opinion as to whether or not we were adhering to policy, but could not comment on whether or not we would be sued.

 

Council Member McClintock asked what was the risk in being sued.  Mr. Karpinos said he did not know, but the Town had avoided suit in the past by not enforcing some ordinances.  He commented that Carrboro had received the same letter from the Trade Council, and they had discussed it in open session and took no action, nor received any comment.  Mr. Karpinos said he believes the policy to be in violation of the same policy the federal court said the Massachusetts policy was in violation of.

 

Council Member Brown said there was no indication that any harm had been done to anyone.

 

Mayor pro tem Capowski asked exactly what did this mean.  Mr. Horton answered that it means doing business with persons or companies who do business with Burma.

 


Council Member Foy said for now it appears to be irrelevant, and suggested that we just stop using the stamp, and stop asking the question.

 

Mayor Waldorf said Council Member Foy's statement was that we stop asking the question and change our policy. 

 

Council Member Foy said we do not ask if someone is violating an ordinance when we do business with them.  Mr. Horton reminded the Council the policy refers to services only.

 

Council Member McClintock said she believes the Council's policy was a statement of principle, and would like to leave the policy as it stands.  She said she disagreed with Council Member Foy's statement.

 

Mayor pro tem Capowski said if this applies to only local services, then the Town is not having any economic impact on Burma with its policy.

 

Council Member McClintock said the policy raised people's consciousness, and was important in that regard.

 

COUNCIL MEMBER BROWN MOVED TO TAKE NO ACTION AT THIS TIME.  COUNCIL MEMBER MCCLINTOCK SECONDED.

 

Mayor pro tem Capowski asked what the result of this action would be.  Mr. Horton responded we would continue to use the stamp and would not respond to the Trade Council's letter. 

 

Mayor pro tem Capowski asked what our risk would be.  Mr. Horton said we risked being sued.

 

THE MOTION WAS DEFEATED 6-3, WITH COUNCIL MEMBERS BROWN, FOY, AND MCCLINTOCK VOTING YEA.

 

A MOTION INDICATING SUPPORT TO RESCIND THE POLICY RECEIVED A 6-3 VOTE, WITH COUNCIL MEMBERS BROWN, FOY, AND MCCLINTOCK VOTING NAY.

 

Mr. Karpinos said that the matter would be put on an upcoming Council agenda for public consideration and possible action.

 

Mr. Karpinos said he anticipated appeals to be filed in superior court on the Meadowmont Hilton Garden Inn and Office Park.  He asked if the Council wanted to begin thinking about the process of hiring outside counsel to defend it, or if they even wanted to hire outside counsel, and what process they wished to use.

 

The closed session was adjourned at 10:09 p.m.

 

 

The minutes of January 20, 1999 were adopted on the 22nd day of March, 1999.

 

                                                                                                ______________________________

Joyce A. Smith, CMC

                                                                                                Town Clerk