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About that airport bill

Submitted by mschultz on 09/30/2008 - 18:37

State Sen. John Kerr called back today. He's listed as the primary sponsor on the bill that allowed UNC to establish an airport authority to locate and operate a general aviation airport in Orange County.

Only Kerr says he doesn't remember writing it.

"I guess they took a blank bill and flipped it out," Kerr said this afternoon. I have only a vague understanding of blank bills -- they are submitted with placeholder language to be replaced later -- and will try to learn more tomorrow. (If any OrangeChat readers can explain how blank bills work please fill me in.)

Kerr, who is retiring from the legislature, says he went to UNC seven years and supports what the university is doing. He just can't take credit for it.

"It's a bad thing to do," he said of the blank bill practice. "I'm not making the rules, but that's the way it is."

He says he doesn't know who put in the authority language, but added, "It'd be interesting to know."

I'll try to find that out too.

Comments

This is unbelievable

Wed, 10/01/2008 - 07:16 — marcoplos

Another day, more surreal information. I would never have suspected that a bill could be introduced by someone who leaves key elements blank, doesn't know what it will say and later doesn't even know who filled in the blanks.

It's hard to find the words to describe how pathetic that is. If this isn't tainted to the point that it should be repealed, then there are no rules and citizens are on their own. What course of action do we have when leadership fails us and is openly contemptuous of us in the process?

What's Really Unbelievable

Wed, 10/01/2008 - 14:25 — fhblack

is how little attention we pay to what our government does until something causes us to get upset. When the blank bill debate raged and the House ended the practice, there was a lot of media coverage. That the Senate continued it with a limit of two per member, I don't remember much public reaction.

It's still true as de Tocqueville observed, that “in a democracy, the people get the government they deserve.

it's a tough challenge, Fred

Wed, 10/01/2008 - 17:02 — marcoplos

I'm moderately informed and I missed this chicanery. But it's worth clarifying that de Tocqueville made that statement a loooong time ago. If he saw what we're up to now, I'm not sure democracy would be the first word that would come to his mind.

Do We Deserve A Spanking?

Wed, 10/01/2008 - 14:50 — CitizenWill

Fred, thanks for high-lighting the "blank check" provision. I thought that the NC legislature had done away with this years ago, didn't realize the Senate continued with a two per member allotment. If I recall correctly, the abuse was fairly absurb - with a bill titled "education assistance" used to abolish video poker. Not a lot of transparency.

Joe Hackney's Hand?

Wed, 10/01/2008 - 10:22 — Zippo

Maybe it's because senate leader Joe Hackney's law partner is an avid pilot with at least two planes at HWA - and has been a rabid advocate for a local airport as long as anyone can remember.

Combine that fact with private pilot Bill Faison's obvious self-interest and you've got the makings of a pretty good scandal.

Speaker

Wed, 10/01/2008 - 14:15 — fhblack

Joe is the Speaker.

"Joe is the Speaker."

Wed, 10/01/2008 - 15:14 — Zippo

So, other than that, you're saying I'm correct in my assumptions?

Bob is a stand-up guy...

Wed, 10/01/2008 - 17:36 — CitizenWill

Bob Epting is a stand-up guy.

Not at all

Wed, 10/01/2008 - 15:46 — fhblack

Bob was on the HWA committee that I chaired for the town during the Waldorf administration and we both served on the UNC Airport Advisory Board. In every case, Bob always took a broad approach that was founded on what's best for all, not just plane owners.

As an owner and one serving in that reserved slot, Bob knew how to bring about a consensus, especially as we rewrote the HWA handbook, going through it line by line.

So no, I don't agree with your assessment of Bob and it's clear that you don't know him or anything about his character - or his partner's either.

2nd Fred & Will

Thu, 10/02/2008 - 19:38 — marcoplos

I've known Bob Epting for a couple of decades and he's always been fair and, as Fred said "taken the broad approach".

UNC Going Back On Their Word

Tue, 09/30/2008 - 22:40 — Zippo

CitizenWill is absolutely correct -- how can we trust UNC to proceed in a forthright manner if they go against their word about moving HWA's facilities in a timely manner?

How can be sure we don't end up with a busy jetport in the middle of town with Carolina North spread out all around it?

It's time for the town council to put its foot down and say - no agreements for rezoning of the site until HWA is gone forever.

Sorry to bust your bubble

Wed, 10/01/2008 - 04:17 — elvisboy77

But I am pretty sure the Town has no jurisdiction over State property. UNC can do whatever they want on their property....well okay maybe not "whatever" but they don't need to ask the Town before building.

The whole Carolina North Town meeting thing is to show the Town what UNC intends to do. It ain't about permission.

Zoning rules

Wed, 10/01/2008 - 08:00 — CitizenWill

HWA development is constrained by zoning law, as UNC was not granted, as former Chancellor Moeser and Sen. Rand tried to get, the power to ignore Chapel Hill's plannig process.

http://www.unc.edu/news/archives/may01/statement053101.htm

May 31st, 2001

Moeser comments about deletion of zoning exemption from budget bill

Chancellor James Moeser today (May 31) issued this statement following action
in the State Senate to delete a budget bill provision exempting the University
of North Carolina at Chapel Hill from municipal zoning authority:

"After consultation with Senator Howard Lee and following discussions
with Mayor Waldorf, I asked the senator to withdraw the zoning provision
included in the Senate’s budget measure. Senator Lee convinced the Senate
leadership to grant this request, which resulted in the deletion of the
provision. We are grateful for his assistance.

The university supported the legislative proposal because we were convinced
that the town would not approve the university’s development plan in its
entirety if it were split into separate zoning districts, each subject to a
super majority vote by council members.

Since then, I have had productive conversations with the mayor, who now
assures me that the town will handle the university’s rezoning request as a
single action instead of nine separate votes by the council. Our goal remains
the approval of the university’s campus development plan in its entirety. The
successful implementation of the bond referendum projects and the master plan
are crucial to the future of the university and the entire state.

We believe that the town is also committed to the university’s progress and
we trust that our discussions will move forward smoothly to a successful
conclusion. We look forward to continuing that process in good faith as soon as
possible.

I want to thank Senator Howard Lee for his tireless work behind the scenes to
find a common ground of understanding between the town and the university. We
are also indebted to Senator Tony Rand for his continuing advocacy for the
university."

</blockquote>

Eminent Domain Discussed Before

Tue, 09/30/2008 - 20:07 — CitizenWill

FYI, I had stumbled upon this last round of airport discussions. Kind of interesting to see the evolution of UNC's position on HWA closure, the safety of keeping it open and creating a new facility.

http://forum.unc.edu/minutes/0205ProVC.htm

John Adams asked about the progress towards developing Carolina North, particularly resolving the airport issue. Shelton recalled that the Legislature had passed language that the Town of Chapel Hill will not close its airport until it can find a suitable alternative available to accommodate MedAir, AHEC and other private interests. Until the University can satisfy this legislative language, things are at a standstill. Shelton said that the key player in this question is House Majority Leader Joe Hackney, a legislator who works hard to balance the needs of the University and the Town.

The University has tried to look at alternative sites such as RDU. Shelton said that many personal and corporate interests want the airport kept open. Until it is closed, development at Carolina North will not begin.

Ernie Patterson asked if the University might build another airport. He suggested an area near White Cross that might be a suitable site. The area had been landlocked and would require an eminent domain action to obtain land for the airport. Bob Lesser said that someone owns a private airstrip near there. Attendees suggested other locations in Chatham and Alamance counties that might be suitable. Shelton said that he would ask about these locations, particularly the White Cross site.

Keith Fogleman asked if Carolina North would take in enough revenue to cover the costs of lost hangar rental fees and construction of the new airport. Shelton said that the finances are complicated. He said that the federal government usually pays around 80% of airport construction costs, but not up front and not guaranteed. The University would need to address safety issues such as the approach angle and location of the runway. Griffin said that the University can only use 25% of the land at Carolina North anyway.

Shelton said that the University had committed to keep the vast part of Carolina North green. If the airport remains, development is strictly limited due to the space requirements of the runway. Some who did not want the airport in the first place now do not want the buildings constructed there. Shelton said that discussions now are focused on legislative language about closing the airport.

FAA Info On Obstructions

Tue, 09/30/2008 - 19:38 — CitizenWill

Here's a link to the FAA guidelines on airport obstructions, etc.

http://www.faa.gov/airports_airtraffic/airports/construction/airspace_an...

Disappointing

Tue, 09/30/2008 - 19:37 — CitizenWill

Granting UNC sovereign powers was a big step in the wrong direction, too bad he wasn't aware of the dangers of providing a signed blank check.

I had an opportunity to ask Dick Mann, UNC Vice Chancellor for Finance and Administration, to clarify his comments to the Town Council last week covering HWA's closure. He said, once again, that their consultants said that neither building or occupying the new Innovation Center required, under FAA regulations, the closure of the facility. Given that, UNC will NOT be closing HWA until absolutely required to by FAA regulation. He did say that the new Law School, for instance, would require closure.

This is an about face from what the University, via the BOT's Roger Perry and Carolina North's Director Jack Evans, has been saying. In fact, Jack claimed they would be closing the airport on the Innovation Center's occupancy as recently as the last Carolina North meeting.

I have challenged the University on this point.

In last week's joint Council/UNC meeting to hammer out the game plan for creating a development agreement governing Carolina North's unfolding, I pointed out that while UNC might feel technically justified in keeping HWA open, that they need to stick to their word if the community wants to consider the BOT's Roger Perry and company honest brokers.

That said, leaving HWA open might buy enough time for the North Carolina legislature to reconsider their grant of sovereign powers, in the body of the Airport Authority, to UNC to develop a new general aviation facility.

UNC's vice chancellor for planning and construction Bruce Runberg said at same meeting that the $2M contract for AHEC's "temporary" quarters at RDU has been let, indicating some forward movement on the UNC commitment to move AHEC sooner than later. Again, given enough time, citizens will discover that AHEC's "temporary" solution is actually a satisfactory permanent fix and building a general aviation facility in Orange County, estimated cost today of $50 million, can wait indefinitely.

Good Description

Tue, 09/30/2008 - 18:56 — fhblack

See
http://www.nccppr.org/Blank%20Bills%20Press%20Release.pdf
The North Carolina Center for Public Policy Research is a great place to search for this kind of info.

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