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ORANGE COUNTY <br />BOARD OF COMMISSIONERS <br />ACTION AGENDA ITEM ABSTRACT <br />Meeting Date: November 18, 2008 <br />Action Agenda <br />Item No. ~ -~ <br />SUBJECT: Senate Bill 1925 and Letter to Dr. Holden Thorp <br />DEPARTMENT: Administration PUBLIC HEARING: (Y/N) No <br />ATTACHMENT(S): <br />INFORMATION CONTACT: <br />1. Draft Letter to Dr. Holden Thorp <br />2. Senate Bill 1925 Authority to Create Geof Gledhill (919) 732-2196 <br />an Airport Authority -Letter from Willie Best (919) 245-2308 <br />County Attorney <br />(Under Separate Cover) <br />PURPOSE: To approve the attached letter in response to the October 5, 2008 letter from Dr. <br />Holden Thorp, Chancellor of UNC at Chapel Hill seeking clarification on policy and operational <br />issues as they pertain to the siting of an Orange County Airport and additional information on <br />appointments to the Authority. Included is additional information from the County Attorney on <br />the legal interpretation of Senate Bill 1925. <br />BACKGROUND: On August 8, 2008 Governor Mike Easley signed into law Senate Bill 1925 <br />authorizing the UNC Board of Governors to create an airport authority to operate an airport in <br />Orange County, replacing the Horace Williams Airport. Senate Bill 1925 requests the <br />appointment of a 15 member airport authority with the Orange County Board of Commissioners <br />appointing three members. The adopted legislation has as a purpose for a new airport the <br />support of the mission of University of North Carolina at Chapel Hill and the University of North <br />Carolina Health Care System. <br />The County Attorney's legal explanation signifies important differences between UNC Board of <br />Governors authority to create an airport authority and the power of a city or county with respect <br />to acquiring, owning or operating an airport, including a special land use provision. The County <br />Attorney calls for a review of the county's zoning regulations to insure they contain "best <br />practices" that are consistent with current federal legislation governing aeronautics and that <br />County land use regulations pertaining to an airport insure the health safety and welfare of <br />Orange County citizens. <br />FINANCIAL IMPACT: The financial impact is limited to the advertising for solicitation of <br />interested citizens willing to represent the County on the Airport Authority. <br />RECOMMENDATION(S): The Manager recommends the Board approve the letter, authorize <br />the Chair to sign it, and direct its delivery to Chancellor Thorp. <br />