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