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HomeMy WebLinkAboutMinutes - 19770426.~ `7$ MINUTES ORANGE COUNTX BOARD OF COMMISSIONERS APRIL 26, 1977 The Orange County Board of Commissioners met in special session on Tuesday, April 26, 1977, at 7:00 p.m., in the,Commissioners' Room of the Courthouse in Hillsborough. ... .. Present were Chairman Richard Whitted, Commissioners Norman Gustaveson, Jan, Pinney, and Donald Willhoit. Absent was Commissioner Norman Walker. Others present were S. M. Gattis, County Manager, Neal Evans, Finance Officer, A. B. Coleman,.,Jr., and Doug Hargraves, County Attorneys, Ervin Dobson and Hal Minis from the Planning Department and Agatha Johnson, Clerk. Chairman Whitted stated that the purpose of the meeting is to con- sider the issue of Interstate Route 40. He stated that there axe indica- tions that a decision from the staff of the Department of Transportation may be forecoming within the next 2 or 3 weeks as tp their recommendations with respect to the Orange County alternate for the proposed I-40. The Orange County Board of Commissioners feels that we need to try to see where we stand and to see whit things we need to accomplish, anticipating that decision. He stated that at the meeting held earlier this afternoon, it was decided that there are a number of things which need to be done. One thing is to consider a resolution from this Board indicating the areas of significant interests in the areas of the proposed alternates, and the status of the current land use plan in those particular areas. Mr. Whitted stated, "other action which I think we should make clear is a letter to the Randolph County Board of Commissioners. I would like to get a consensus from the Board in order that we might draft a letter and get it out. This will be an inquiry of what their interests are in a southern route through their cities. Another thing is to appoint a person from this Board to serve on a Steering Committee of the governing units in Orange County." He added that James Wallace, Ma~.yor of Chapel Hill, will be Chapel Hill's representative, and Mayor West from Carrboro has informed the Chairman that Carrboro will appoint someone from that Board tonight. Commissioner Pinney asked if there should not be a letter sent to all the Board of Commissioners in that line, which would be Randolph County, Chatham County and Guilford County. Chairman Whitted stated that Randolph and Chatham Counties would be critically affected. Commissioner Gustavesan stated that Guilford County would not be badly affected by the route. The consensus of the Board was to write Chatham and Randolph Counties and inquire of their interest in the proposed I-401 Tn ensuing action, Chairman Whitted agreed to serve as Orange County's appointee to the Steering Committee. Chairman Whitted asked that the Board discuss the different issues which should be included in the resolution. He stated, "we need to identify those significant areas along the route and include them in our resolution and record. It has been brought to our attention that this is a significant area which will be affected if I-40 is routed through Orange County. Also, the status of the land use planning in the area." The County Attorney, A. B. Coleman, Jr., stated that a review of the history of land use planning considerations in the County, which the Planning Staff has been working on should be included. 1~6 The Chairman stated that we need to .get this rolling so at the latest, we should have a resolution in hand and ready to adopt at the first Monday's meeting in May. S. B. Olive, a resident of the New Hope Community, stated that the Environmental Impact Statement, the latest version, would have an excell- ent starting point, because it covers most of these areas. Commissioner Gustaveson stated that there were many things in the background which could be used. One is the Growth Options Conference of the fall of 1975, which was not only a well attended citizen's conference, but one of the recommendations which was voted on was the development of a green belt and that all governmental units should work toward this. He "-- stated that it seems to him that the Growth Options recommendation could be a part of the resolution. Further, Mr. Gustaveson stated that when you look at the land classi- ficiation map, that already there are two designated major areas as con- servation areas within the classification system and with the intention of eventually connecting these in a green belt and designating the central part (on the map) as a rural area green belt. This should have special considera- tionwhen it comes to developing this particular area and this is another historical part. He added that the land classification map was presented at the public hearing in June, and an attempt should be made to tie this into the Growth Options Conference with the concern that we are working toward a green belt around the urban areas. Alse, Mr. Gustaveson continued, one thing that was mentioned at the meeting today is the fact that the New Hope stream is used by Duke Univer- sity and .the University of North Carolina as a major research stream for ecology work. Chairman Whitted stated that he had talked with Fred White, Chairman of the Duke Committee on Foresting, regarding the natural areas which is located about midway between the 2 large areas on the map, and because of Old Field Creek, Duke has purchased land on the other side of Old Field Creek, because of its significant for research. He added, "the comments that 2 have from the Department of Transportation are from back in 1971, when they were talking about the one alternate. But as I understand now, from Fred White, it would be maoredetrimental to that natural area than the one alternate would be to the other division of Duke Forest. One reason is that there would have to be a major interchange there and that would destroy the natural area." He added that because of devey lopment pressures in the area, and its significants to Duke Forest, Fred White feels this would be the worst alternate they could pick. Commissioner Gustaveson asked if it would be possible to get a state- ment from Fred White about the significants of Old Field Creek and the center piece (on the map). Mr. Whitted stated that he could get a statement from the Duke Forest Committee. He continued by stating, "in looking at those two parts of Duke Forest and that natural area certainly if there were one continuous green belt throughthere, it would be in keeping with the green belt, open space, natural conservation area than would an interstate highway bypass. Commissioner Willhoit referred to the Growth Options Report which was adopted. He stated that the report was a siummation of the task for.ce's report and studies which have been performed and was also submitted at the public hearing in June. Mr. Willhoit stated that the report mentions those lands in particular, with Duke Forest as being a de facto green belt. Another statement in the Option Report, which was made by Mr. Willhoit, was that development should not be encouraged in locations which require substantial new road improvement and that development should be encouraved in a way which would reduce the necessity of lengthy energy consuming travel patterns and ways which facilitate the provision of energy efficiency public transportation. Also, that development should provide jobs for present resi- dnets of Orange Gounty and not Ming large numbers of new residents into the County. This is also a major point in the Environmental Impact State- ment, which refers to this as solving the local road problem and that inter- state highway systems were not designed to solve local problems, but are to provide far long distance travel. ~`~"~ Chairman Whitted agreed that there are a number of documents that have been endorsed or officially accepted by this Board, and could be added to our present planning effort to draw this together in a resolution. He added that even though we do not have "a formal land use plan adopted", it is certainly not that we completely ignored the fact, but we are indeed working toward one and that this area is included. Commissioner Gustaveson stated that the Growth Options Report set out our goals for a land use plan. He asked if the County had detailed summaries of the planning meetings which were held with the New Hope Association. He stated that one of the concerns which was express was _. preserving the character of the area. Ervin Dobson,•Planning Director, stated that a statement of the - resoluts of those meetings was included in the narrative statement which accompanied the maps, and that a summary that Orange County was attempting to act in terms of our planning, based on that publa.c meeting in the New Hope area. , Mr: Gustaveson stated that this should be a part of the historical stone which had been touched upon. The Planning Director stated that from the eight meetings which were held in the New Hope area, the general conclusion is stated on pages 57, 60, 64, and 65 of the proposed Sketch Development Plan for Chapel Hill Township, which was presented to the Board of Commissioners on May 13, 1976. B. B. Olive stated that in reference to the Growth Option Conference, and using that as an indication that we do have a documented plan in Orange County, that from his work on the Eno River Task Force, he had uncovered 2 or 3 reports compiled by various groups, which were appointed by the Orange County Board of Commissioners then in power. Both the 1972 and the 1974 Recreation and Parks Reports have maps with a number of pro- posed park sites and many are in this region.which is being discussed to- nigh. Both of these reports were submitted to the Orange County Board of Commissioners. Chairman Whitted stated that we could submit this report and that he believes this was part of what was submitted at the June Public Hearing. Mr. Olive added that this is a part pf the Eno River Task Force Report. Commissioner Gustaveson stated that there was a public hearing on the Recreation Committee's report at an early stage. Mr. Olive suggested taking the three documents, the Options Conference Report, the 1972 Recreation Report and the 1974 Recreation Report and show that for many years, Orange County has attempted to preserve green areas. Ervin Dobson suggested that the Board consider the proposed Skitch Development Plan which spoke directly to this area as a green belt. Chairman Whitted stated this should be made available to the County Attorney, so that he can incorporate this into the resoluticn. Commissioner Gustaveson suggested that the amendments to the Zonvng Ordinance, which focus on areas along streams, and the New Hope was one of the streams in consideration, provided documentation of the concern in this area. Mr. Olive informed the Board of a resolution which was passed by the Board of Water and Air Resources at the time when there was a con- troversy with the "Roberts" about contaminating the New Hope Creek. This resolution which was adopted, set up a special protective water situation in that upper New Hope Creek. He added that this is a State resolution of record specifically directed to giving that area special protection. Hal Minis stated that the New Hope in that area was given a special classification for research. Mr. Olive added that they never actually classified it as a research stream, but it was upgraded from "D" to "B" and the resolution was passed. He stated that he would attempt to get a copy of the resoluticn. 3 r~ Commissioner Pinney stated that a check should be made of the RC&D proposed conservation projects in that area of the County. He asked that a check be made for the last 6 to $ years. This can be done by RC&D staff. Chairman Whiffed stated that Mr. Coleman should lock at the Environ- mental Impact Statement wihc list historical sites, sich as the CRaig House, the Kirkman Log House and in Durham County, the LeHigh Farm. Hal Minis stated that the State in their Natural Areas Program had identified a number of unique natural areas in the New Hope Basin. The Planning Department has a map of these areas. Commissioner Pinney stated that on New Hope treek, near the Store on Erwin Road, there is a rock formation which is special and unique.: Geooogy Classes from UNC use this area in their field work, and Mr. Pinney _ is sure the UNC Geology Department would know where this is located. Mr. Minis informed the Board that another area regarding the green belt is a tract of land adjacent to the natural area on the James Johnston tract. A year or so ago, negotiations were in process to donate the land to the N. C. State Forest Department. The land is east of the natural area and right in the path of •the proposed I-g0. Mr. Olive suggested that the Dean of the N. C. State Forest School may take an interest, since all have joined in on the fiber industry dis- pute. He added that with the Orange County Parks Reprots, the maps of 1974, the Growth Options Conference Report should build a good case. He asked further if Orange County, in addition to passing a resolution should write an official letter putting the Department of Transportation people on notice that further information will be forwarded, and that Orange County ask them to delay their decision until the information is submitted, or should we sit back and let them make the decision and then fight it? He added that it seemed to him that it would be better strategically to write a letter now and tell them that we have additional information which had been generated and we propose to add this to the record. To ask them to not make a decision for at least another sixty days. He stated that we have only recently learned that at least 12 people were given more time to submit their comments then the people at the public hearing. Those 12 individuals' comments were not.recarded and were given a special previlege to add anything to the record they wished to add. This was 30 to 60 days after the meeting was over. He stated that he felt Orange County had a right to request the same privilege. Commissioner Gustaveson stated that this particular issue raised the question of strategy which would need further consideration as to whether it is the best way to proceed. He added that it seemed to him that strategy had been started and that is to give notice to the State that Orange County will fight the issue if it comes through Orange County. The County Attorney stated that time had elapsed since the June, 1976 public hearing and he questioned the timing with respect to whether or not any events have taken place since that public hearing. There is information which we have that we would like to make available to them, but the Attorney is wondering if that information was available at the time of the hearing. Whether we discovered it or not is another question. Somethings which have been discovered since that date are the 200 acre subdivision, whether this natural area was considered, Orange County's Energy Report and the CIA Federal Energy Report which was submitted by President Carter. Mr. Olive stated that it was contradictory for one executive branch of a federal agency to promote energy conservation and other agency pro- mote the expediture of funds to consume energy. The County Attorney, Mr. Coleman, stated that in respect to when the people should be notified, one problem with notifying them early and advising them that there are additional things we would like them to con- sider is that this request could get lost in the administrative process, and we would never hear from it or the response would be bland. You want attention to be drawn to the request whiih should be as acute as possible. From their point of view, we want them to see this request bo be as importatn as possible. Whether this should be done early or late, the County Attorney stated that he did not know. The decision is sche- duled to be made by May 16, 1977. Mr. Olive, stated that he would be glad to write a letter requesting a delay without involving the Orange County Commissioners. ~7y Mr. Dobson, the Planning Director, stated that he had received a call from Bi11 Dark, a field planner with the Department of Transportation, and Mr. Dark had made reference to the Land Classification System map and the Zoning Amendments. He had asked the status of these programs and Mr. Dobson had responsed that the County was working on this. Mr. Coleman stated that he was concerned about who the individuals are who feel strongly about these routes coming through Orange County. He added that there may be friends we do not know about. He stated that Section 103 of the 23 U. S. Code states that the purpose of the Interstate Highway Act is to go from industrial center to industrial center, from city to city. This alternate is doing just the opposite of 'this. Instead of being the shortest possible distance between major industrial centers, they are .taking the long way around and not from city to city, but by-passing the cities. The Environmental Impact Statement contains language which appears to make the routes scenically attractive. He stated that somewhere in those Planning Departments there might be persons who could persuade others that this is not in keeping with the original act. He added that there is acknowledgement in the Depart- ment of Txansportation that these roads do violence to communities, how- evex, the technique used is to acknowledge the violence but to justify it. Commissioner Willhoit stated that the Department of Transportation had not really evaluated the cost benefit of the impact, only the cost of the road. Mr. Coleman asked that the Board be available to any calls that h might need to make to them. Commissioner Pinney requested that the Agriculture Department and the Soil Conservtion Service be contacted. The meeting was adjourned. ~' ~, ,~ ~~ i i Richard E: Whitted, Chairman Agatha Johnson, Clerk MINUTES ORANGE COUNTX BOARD OF COMMISSIONERS MAY 2, 1977 The Orange County Board of Commissioners met in regular session on Monday, May 2, 1977, at 10:00 a.m., in the Commissionexs' Room of the Courthouse in Hillsborough. Present were Chairman Richard Whitted, Commissioners Norman Gustaveson, Jan Pinney, Norman Walker, and Donald Willhoit. Others present were S. M. Gattis, County Manager, Neal Evans, Finance Director, Jeffrey Gledhill, County Attorney, A. B. Coleman, Jr., County Attorney, was present for part of the meeting, and Agatha Johnson, Clerk. Chairman Whitted referred to Item 1 on the Agenda and asked if there -"- were persons present who were not on this agenda tb make their presence known. No one came forth. The Chairman referred to Item 2 on the Agenda: Minutes of the Board meetings held on April 19th and April 26th. Upon motion o f Commissioner Pinney, seconded by Commissioner Gustaveson, it was moved and adopted that the minutes of April 19, 1977, be approved. Upon motion of Commissioner Gustaveson, seconded by Commissioner Willhoit, it was moved and adotped that the minutes of Ag7ri1 26, 1977 be approved.