HomeMy WebLinkAboutAgenda - 11-18-2008 - 6eORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: November 18, 2008
Action Agenda
Item No. ~ -~
SUBJECT: Senate Bill 1925 and Letter to Dr. Holden Thorp
DEPARTMENT: Administration PUBLIC HEARING: (Y/N) No
ATTACHMENT(S):
INFORMATION CONTACT:
1. Draft Letter to Dr. Holden Thorp
2. Senate Bill 1925 Authority to Create Geof Gledhill (919) 732-2196
an Airport Authority -Letter from Willie Best (919) 245-2308
County Attorney
(Under Separate Cover)
PURPOSE: To approve the attached letter in response to the October 5, 2008 letter from Dr.
Holden Thorp, Chancellor of UNC at Chapel Hill seeking clarification on policy and operational
issues as they pertain to the siting of an Orange County Airport and additional information on
appointments to the Authority. Included is additional information from the County Attorney on
the legal interpretation of Senate Bill 1925.
BACKGROUND: On August 8, 2008 Governor Mike Easley signed into law Senate Bill 1925
authorizing the UNC Board of Governors to create an airport authority to operate an airport in
Orange County, replacing the Horace Williams Airport. Senate Bill 1925 requests the
appointment of a 15 member airport authority with the Orange County Board of Commissioners
appointing three members. The adopted legislation has as a purpose for a new airport the
support of the mission of University of North Carolina at Chapel Hill and the University of North
Carolina Health Care System.
The County Attorney's legal explanation signifies important differences between UNC Board of
Governors authority to create an airport authority and the power of a city or county with respect
to acquiring, owning or operating an airport, including a special land use provision. The County
Attorney calls for a review of the county's zoning regulations to insure they contain "best
practices" that are consistent with current federal legislation governing aeronautics and that
County land use regulations pertaining to an airport insure the health safety and welfare of
Orange County citizens.
FINANCIAL IMPACT: The financial impact is limited to the advertising for solicitation of
interested citizens willing to represent the County on the Airport Authority.
RECOMMENDATION(S): The Manager recommends the Board approve the letter, authorize
the Chair to sign it, and direct its delivery to Chancellor Thorp.
DRAFT
a
November 18, 2008
Dr. Holden Thorp, Chancellor
University of North Carolina
103 South Building
Chapel Hill, NC 27599
Dear Holden:
As you are aware, the Orange County Board of County Commissioners (BOCC) had
serious reservations about the manner in which the University procured from the General
Assembly the power to create an independent airport authority, as well as regarding the
powers and board composition embodied in this entity charged with establishing a new
facility to replace Horace Williams Airport. We retain concerns related to the process by
which members of this authority would be appointed, and the expectations placed upon
representatives serving on behalf of the residents of Orange County.
We appreciated your letter of October 5, 2008, which indicated Kevin FitzGerald will
work with our staff to "provide for informational briefings related to the needs, processes
and anticipated impact of a new airport." As of this date the only information provided
our staff is the promise to receive in December from the UNC Board of Governors an
official Letter of Intent to establish the authority. We also understand the Board of
Governors will appoint its representatives to the authority in early January and expects us
to make our appointments by the end of January. The General Assembly appointments
cannot be made until the General Assembly is in session. Presently, both the House and
Senate are scheduled to convene for the 2009 Session on January 28, 2009. According to
Mr. FitzGerald's conversations with a member of our staff, there are no predetermined
criteria for selecting representatives to serve as members of this authority.
Before we proceed to solicit applicants, and to choose the Orange County representatives
for the board of the airport authority, we seek clarification on a number of key points:
1. Scope of Work: Who will determine the scope of work of the airport authority?
Is this authority envisioned to primarily support the mission of the University of
North Carolina or the mission of the UNC Health Care System? These appear to
be overlapping, but far from identical. What are those missions in relation to an
airport? Does adherence to that mission, or those missions, dictate a certain
proximity to the University proper, as has previously and repeatedly been
indicated, or do you anticipate considering all areas of Orange County?
DRAFT
3
2. Member Qualifications: Without a clear understanding of the mission it is
difficult to determine the individual qualifications necessary to effectively serve
on this authority. Although the terms of office have been established by the
enabling legislation, some idea of the time commitment necessary to fulfill the
obligations of this body will also be important in recruiting volunteers to serve as
our representatives.
3. Fiscal Issues: How is the authority to be initially funded? The Board of
Commissioners has a fiduciary obligation to the taxpayers of Orange County, and
must be cautious in undertaking any additional expenditures or responsibilities,
particularly in these difficult economic times. Until the airport is constructed and
generating revenues, we would like to know how you anticipate funds will be
derived in order for the authority to perform its work -- hiring consultants, paying
for legal representation, performing necessary environmental and impact analyses,
property procurement, developmental costs, etc. Also, assuming the airport
accommodates uses and/or functions that fall in part or whole under the auspices
of the University, are property tax payment-in-lieu arrangements contemplated for
the facility as are envisioned for Carolina North to address local public safety and
tax-revenue interests?
4. Public Concerns: The Orange County Board of Commissioners is committed to
transparent decision making and robust public participation, particularly in this
matter that could have a profound effect on our communities, the environment,
and nearly 30 years of careful land-use planning. You mentioned in your October
5 letter a welcome wish to "strive to create a fair and transparent process for the
consideration of all issues and perspectives concerning the work of this
authority." Does that mean the decisions and operations of the authority will be
susceptible to influence by concerned residents in public hearings and by other
means, and that full, relevant information will be made available to the public in a
timely manner? Has it been determined where the authority will be "housed," and
is that location easily accessible to the public?
5. Concurrent Authority: The Board of Commissioners appreciated the efforts made
to include respect for Orange County's land-use responsibility in the enabling
legislation for the airport authority, as well as your commitment as Chancellor to
solicit our participation. Will the authority undertake its work with clear direction
from the University that County land-use plans and zoning regulations are to
frame its decisions? Is it clear that the use of eminent domain is to be regarded as
a measure of last resort?
We respectfully request that these unknowns be addressed before the BOCC becomes a
full participant in the creation and operation of the airport authority. Our process for
board appointments includes a period of advertisement as well as formal appointment of
representatives at a public meeting. Written clarification regarding the concerns outlined
in this letter, as well as a presentation to the Board at one of our regularly scheduled
meetings in the near future, would be appreciated prior to our making appointments.
Thank you for your attention to these matters. Should you have any questions or need
additional clarification you may contact the Board of County Commissioners or have
your staff contact our County Manager, Laura Blackmon, at our offices in Hillsborough.
Sincerely,
Barry Jacobs, Chair
Orange County Board of Commissioners
CC: Orange County Commissioners
Ms. Laura Blackmon, County Manager
President Erskine Bowles
Dr. Bill Roper
Mr. Roger Perry
Dr. Charles Sanders
Mr. Kevin FitzGerald