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.
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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.
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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.
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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.
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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.
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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.