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HomeMy WebLinkAboutAgenda - 10-26-1981 INDEX OCTOBER 26, 198 TOPIC ACTION PAGE Public Hearing: 1-8 American Stone Company Class A Special Use Permit Granted 9-10 Ms. Barbour (St. Mary 's Road & Referred to Manager 10 Lake Orange) Said Staff had studied it 10 Check From Software Sale Board accepted 10 ($7, 500) Northern Fairview Redevelopment Public Hearing scheduled Approved for 11/23/81 10-11 Architects ' Proposals Report 4 Invited to make present- ations (Peloguin, Burnstudio, 11 Cogwells/Hauser & Space Builders) Personnel Ticy Amendment Approved (2nd reading) 11 RSVP Resolution Approved 12 Executive Session none 12 Property matter 82'4 096 ORANGE COUNTY ." BOARD OF conlIssiomEn Action Agenda Item No, 1 AC2ION AGENDA ITU.IABSTRAC2 NEETENG DATE October 26, 1981 • ' Subject: American Stone Company .------- . iPublic Hearing: x yes • IDepaa-U-tent: planning • Attachment(s): Information Contact: . Padk Cannity Yes Phone thrdoer: , - Ika-P°se2To continue the October 6, 1981, Public Hearing concerning a Class A Special Use Permit 77 Need: Hear evidence from the Planning Board as to findings of fact and standards of evaluation for the permit ' Attached are the conditions upon which the permit would be based. Impact: Insure a framework for operational, noise and environmental safeguards under which the extractive use will be conducted. • ., Recommondation(s): Approve the Class A Special Use Permit for extractive use with the imposed conditions as outlined. 0 4•n n • • A•31■"'2.Q4; o - • :.••' ' • ATTACHMENT A October 15, 1981 CLASS A SPECIAL USE PERMIT FOR. EXTRACTIVE USE The Orange County Planning Department recormends that a Class A Special. • Use Permit be granted to American Stone Company for extraction of earth products on a piece of property in Bingham Township. The property is • more particularly described as part of lot B and 913 on Tax Map 28. The • total area of the site is 136 acres. Philip 0. Durham and Alice Durham • on 118 acres and American Stone Co. owns 18 acres. The operation of this extraction site should be according to the • standards as set forth in Article 8.8.1.2 of the Orange County Zoning Ordinance. In addition to the standards stated for operations and rehabilitation, the following imposed conditions shall be met. cl 1. 1) The site plan submitted by American Stone Company dated October 0••••\ 1980, revised June 9 1981 shall be part of this permit. ibe3 ocA 2) Two observation water wells will be constructed- Be—,zot÷y- after the issuance of this permit to monitor the effect of the quarrying operation on the local water table. The first well will be located near the property line of Phillip Durham about 750 feet west-northwest of the northwest corner of the present excavation pit. The second well site shall be near the toe of the disposal overburden pit at approximaty 900 feet east of the northeast corner of the pit. The minimum depth of both observation wells shall be at least 25 feet below the lowest level of the pit. Mean sea level elevation shall be determined at the wells, and water levels shall be measured weekly in relation to mean sea level. The results of the measurements shall be sent monthly to the Planning Department by the 15th day of the following month. 3) The new access road shown on the site plan shall be paved when it is put into service. The temporary road shown on the site plan shall be closed within one year of the date of this permit. 4) The applicant shall not use the access easement, described in the deed, to the 18 acre tract, to SR 1103 for removal. of overburden or access for trucks to the extraction site. 5) No extraction will take place within 300 of a residence or public land. If a residence is built within 300' of the extraction site, a fence will be constructed on that edge of the site. 6) Stockpiles and overburden piles will be at least 200' from all streams on the site, 7) The stabilization of the overburden piles will be determined and inspected periodically by the Orange County Soil and Erosion Centro!. Office. The overburden stabilization will be accomplished through a rotation method. 824 , The stockpiling of overburden will take place on a rotating basis. One area within the disposal site will be graded and stabilized with sericea lespedeza and according to the rehabilitation plan while another area is being used for stockpiling. . 8) The hours of operation will not exceed the time from 7:n0 am - 7:00 pm Monday through Saturday. 9) The streambed and banks of the channelized portions of Phil's Creek and the areas around the settling ponds will be stabilized. The applicant will have a continuing program of fertilization and maintenance on areas adjacent to the streambed of Phil's Creek and around the setting pond. 10) A 50 foot separation shall remain at all times between the excavation pit and Phil's Creek. This 50' buffer will remain in natural: state to be maintained by the applicant. 11) A water wagon will be operated at the site as needed to keep dust leaving the site to a minimum. 12) One year prior to the end of the extraction process the applicant will notify Orange County in writing of their intentions. The County will tour the site, indicating areas that need further. preparation for the closing of the site. Of particular concern on this inspection: _ 1. That the settling ponds are fully stabilized and the spillway is in good condition. 2. Over burden and spoil piles have been completely graded and sloped to prevent slippage and erosion. That the slopes are stabilized, and seeded to Orange County standards. 3. The final use of the site has been determined. If it is to be a reservoir then what will happen to existing machinery yard areas and buildings. If it is not to be used as a reservoir then detailed plans. must be submitted on the methods of restoring site and securing pit area. 4. The applicant shall notify Orange County in writing of the expected final date of operations. Orange County shall not release the rehabilitation bond until operations have ceased and all areas that have disturbed, graded sloped, etc. have been stabilized to Orange County standards. A • : 7'r •';■;•,, JvL,-.•-eci,-7. • • . , 8.2.1 b) The American Stone quarry is Located at the intersection of Hwy. 54 and SR 1004 in Zingham Township this area is zoned R-1 and extraction of earth products is a permitted use, requiring a Special Use Permit. The operation of the quarry meets the minimum standards and requirements of Articles 5 and 6 of the Zoning Ordinance. • !H 8.2.4 The specific standards require; • a) The present sewage disposal facilities appear to be functioning correctly and are adequate to handle the proposed use. There are no apprecible solid wastes generated by t.bi.R use. Water is supplied by individual well on site and is adequate for the use. b) Fire protection is provided by the Orange Grove Rural Fire Deoartment, this is adequate for the development. Police protection is provided by the Orange County Sheriffs Department and rescue scuadservices are provided by Orange County EMS these are both adequate. The following standards were used in evaluating the request of American Stone Co. for a Class A Special Use Permit for extractive use. All operations associated with extraction will conform to the following preformance standards: 1) Direct illumination resulting from the operation shall not fall upon any land not covered by the application. ! American Stone Company does not propose to operate at night so there is no necssity for illumination of the operation. 2) Equivalent sound levels at the boundaries of the extraction site shall not exceed the following standards: between 7:00 am and 7:00 pm 68 dBA; between 7:00 pm and 7:00 am 58 d2A The applicant has stated that their operation can meet the above stated standards. They have provided two letters from Philip R. Berger and Associates dated October 1, 1981 and July 11 1980 that support their ability to meet those standards. 3) Vibration levels at the boundaries of the extraction site shall, not exceed the following standards; Maximum Peak Particle Velocity steady state 1.0 inches/second impact 2,0 inches/second • NOTE: The maximum particle velocity shall be the product of 2 times the frequency in cycles per second times the sun of 3 mutually • perpendicular displacement components recorded simultaneously. 7 82E- - • : • 0 For purposes of this ordinance, steady state vibrations are • vibrations which are continuous, or vibrations in discrete impulses more frequent than 60 per minute. discrete impulses which do not exceed 60 per minute, shall he considered impact vibrations. Maximum air blast vibration, measured at the lot Lines of the zoning lot containing the extractive use, shall be 125 decibels an the linear scale. The Applicants have stated that the operation can meet the required vibration levels. They have supplied a Letter from Philip R. Berger - and Associates dated July 11, 1980 that supports American Stone's ability to meet the above standards. b) The Rehabilitation Plan shall be referred to the Orange County SOil and Water Conservation District for review and recommendation which shall not be binding upon the Board of Commissioners, in particular regarding the landscape material specified, the planting and maintenance proposed to insure continuous growth and development, and the acceptability of the proposals for the handling of lakes ponds, etc. American Stone has supplied the standards to which they will, reseed and stabilize the distrubed areas and overburden: spoil pile storage areas. These standards have been approved by the Soil Conservation Service. The Orange County Soil Erosion Control officer has visited the site on several occassions and finds no problem with the settling ponds used by American Stone. c) The permanent roads, defined as those to be used in excess of one year within the excavation site shall be surfaced with a dust free material such as soil cement, bituminous concrete or Portland Cement concrete from the nearest public road to the yard area. Also, all permanent roads located within 300 feet of residentially zoned land shall be treated the same. The applicant has one hard surfaced road on the site presently and they have stated that the other proposed access road. will also be paved. There are no permenant unpaved roads closer than 300 feet to residentially zoned land. d) Roads other than permanent roads shall be treated with dust inhibitors to be specified in the Operations Plan, which will reduce to a minimum to generation of dust from the road surfaces as a result of wind or vehicular action. Properly operated water wagons shall be an acceptable method of dust inhibition, The Applicant will use water wagons as a means for controlling dust • in the' yard area. e) Where the proposed extraction shall take place within 300 feet of a dwelling, school, church, hospital, commercial or industrial building, public building, or oublic land, a security fence at least six feet high shall be installed. • • There are not dwellings, schools, churches, hospitals, commercial or industrial buildings public buildings or public land within 300 feet of the actual quarry site. f) Spoil piles and other accumulations of by-products shall not be created to a height more than forty feet above the original contour and shall be so graded that the vertical slope shall not exceed the material's natural angle repose. * The Applicant has stated that most overburden will be given away and removed from the site. Any overburden that is not given away will be stored in the area as indicated on the site plan. This overburden will be graded and stabilized as specified in b) above. No overburden or spoils piles shall be created with a height in excess of 40 feet. g) The Operations Plan and the Rehabilitation Plan shall be coordinated so that the amount of distrubed land, is kept to the absolute minimum consonant with good practices and • so that rehabilitation proceeds in concert with extraction. The Applicant has stated that they will not distrub more area than is absolutely necessary for extraction, at anyone time. Those areas that are distrubed will be stabilized as per b) above. h) The Board of Commissioners shall recuire for all extractive uses ,a performance guarantee to insure that the provisions of the Rehabilitation Plan are met. Such performance guarantee- • shall be in a form apptmved by the County Attorney. The amount of such guarantee shall cover the cost of rehabilitation. The (.111jtli 1\1( applicant's engineer shall certify the costs of rehabilitation on a per acre basis, if the cost does not exceed the amount posted with the State. If the rehabilitation costs exceeds - the amounts required by the State then the difference shall be made up in a bond to Orange County. 5*"'A The Applicant has posted a $25,000.00 bond with the State of North Carolina as required by the North Carolina Mining Act. A bond shall be posted with Orange County for the difference between the $25,000.00 31105, bond and $2,000.00/acre of distrubed area. J ;..)1 riri tts,0) k'D4'3 Nnk _ - • 826 ORANGE COUNTY 102 BOARD OF CCCHISSIONERS Action Agenda Item t•to. 2 ACTION AGENDA ITbM ABSTRACT MEETMG DATE October.26, 1981 allbject: Sale of Software • Department:Bata Processing & Tax Supervisor Public Hearing: yes 4 no-- __________ Attachment Cs): Information Contact:Keith Brooks or Bill Laws None Phone Number: 477 or 500 • - • Purpose:To receive a check fran the sale. - . Need: The County was able to produce computer software from its appraisal system that has marketable value. The first sale is for $7,500. Through contract with Fulcrum Computer Groups, Inc., up to ten sales could be made resulting in a $75,000 return for the County. Mr. Jerry Phillips of Fulcrum will be presenting the check. RESULT: Permits the County to recover part of the development expense and provides another example of departmental effort to defray operating cost. pecommendation(s): Accept Payment 4328, • /1/ /d. I .13 ORANGE COUNTY • BOARD OF COMMISSIONERS Action Agenda • Item No. 3 ACTION AGENDA ITEM ABSTRACT MEET= DATE Octeber 26, 198]. Subject: Redevelopment of the Northern Fairview Target area • • • Public BOArig: s no Deparbrent: Plannin. ile1WM .4 k c n - ---- AttaChment(s): Information Contact:Jim Polatty or AMPrt NO Kittrell • Phone Number:342 or 732-9361 Purse:lb consider scheduling further steps as prescribed by law. Need: The community development planning process together with the steps necessary for a Board of COmmissioners to exercise redeVelogrent powers are set forth in General Statutes 160A-513: 1. Certification by the Planning Board of the redevelopment area. 2. Preparation of the redevelopment plan by the County. 3. Initial public hearing by the Board of Commissioners on this preliminary plan with sdbseqUent referral to the Planning Board. 4. Review and reumiendation (approval, rejection, or modification) by the Planning Board within 45 days. 5. Public hearing after notice (given once a week for two successive calendar weeks in a newspaper; said notice to bepublighed the first time not less than 15 days prior to the hearing date) . 6. Board of Commissioner decision (approve, amend, or reject) on the plan as submitted. Step three is ready to be taken as the Planning Board has certified the area and a plan has been prepared which meets the requirements as to content (G.S. 160A513 La_7 ). • IMPACT: Facilitate development of the target area. [ Recommendation(s): Schedule public hearing on the plan for the plan for the Board's November 17, 1981, regular meeting. 83U ORANGE COUNTY it 4 BOARD OF COMMISSIONEFS Action Agenda _ . Item No. 4 ACTION AGENDA ITEM ABSTRACT MEETING DATE October 26, 1981 Subject: Architectural proposals for the renovation of the Old Courthouse Public Hearing: yes nc Depe.xtment:Purchasing & Central_Semtices tact Attachment(s): #1 Profile of Architects Information Con : Mark Rees -- , 42 Description of Recommended Architects Phone mrnbar: (919) 732-9361 ext # 498 • • _ Purpose: Tb consider further steps toward selecting an architect based upon a review of proposals and the hearing of presentations. , ,:• • . . Need: The District Courtroom where presently located is inadequate. There is a lack of sufficient space for court-related activities and the Judge's and District Attorney's offices are preSently located in rented space. With the decision to renovate the Old Courthouse to solve the problem RFP's (request-for-proposals) were sent to all Orange County architects. Nine architects responded, including one out-of-County firm, which asked to be included. An attachment profiles the responses. Based on staff review, three proposals (those from Peloquin Associates, Space Builders and Burnstudio) were more complete and specific in answering the RFP. A fourth, Cogswell/Bansler Associates, is experienced in having restored a building on the historic register. Recommendation(s): Select three or four of the firms to make oral presentations at the November 2, 1981, meeting. (Due to volume copies of the proposals have not been prepared. Any member wanting to review the full text should call the Commissioners' Office for delivery.) egr- is- - CoNf loo JTt.4�„ Burnstudio, Raleigh, North Carolina This firm has had extensive experience in the area of renovation and expansion of courthouse facilities. Presently they are involved in this type project with Le- noir County and Chatau County. When contacted, these counties expressed a great deal of satisfaction with the work Burnstudio has done for them. In addition, this firm conducted the 1976 North Carolina Courthouse study, 100 courthouses, Burnstudio recommends the following: emergency exits, fire stairs, handicap ramps, an elevator, adequate and accessible public toilets, separate heating, venal-. lation and airconditioning systems for the courthouse, removal of all exposed piping and conduit, repair of the roof and overall general renovation in spirit with the historical significance of the building and building code requirements, Peloquin Associates, Chapel Hill, North Carolina Peloquin Associates has been involved in the recent renovations of buildings on the Winston-Salem and Fayetteville State University campuses. Discussions with these two institutions show that they are well pleased with this firm's services. Prior experience has centered around residencies, condominiums and office buildings, often designed with energy conserving features. Major aspects of the renovation proposed by Peloquin Associates center around bringing the courthouse up to building code standards, while at the same time pre- serving its historical nature. Besides general needs such as painting, repairing in= ternal shutters, new electrical wiring, new heating and airconditioning, this firm re- commends three other items that must be included to meet fire safety and handicap access requirements, They are, new exterior stairway, an elevator and new bathrooms, © 13F' P.: T( Al� Attachment Space Builders, Carrboro, North Carolina Space Builders has worked on a great deal of residencies and commercial buildings in the Chapel Hill-Carrboro area, including the Courtyard Shopping Center and office complex, and the Wood Glen Solar Townhouse development. They have considerab!le exper- ience in renovation and energy conservation measures. When contacted�e as-af Space Builders coimminicated a high degree of satisfaction with their work. This firm proposes the construction of a transparent, greenhouse-like addition on the southside of the old courthouse to provide for an elevator, restrooms, and a public entrance and lobby. Their proposals goes as to say that besides preserving the historical integrity of a building, the addition would provide for passive solar heating. The old courthouse would also need new electrical,heating and air-conditioning systems, as well as general restoration. i1 1 U011 ILGIS IOLAI Imi 1•U1SlLR PLAN CONS IRUL'I 1014 11-1_=' 11UR1111i I` wit .,- COST CONSTRUCT] ON 65,ouu t.11l get Des ignworks Carrboro $25./hr. work done except $25 /hr Drawings ready in 2 months for remodeling of courtroom & handica Cogswell/ Chapel Hill $16,440 Drawings ready in 45 months Hausler for everything Associates Peloquin Chapel Hill Required 202,18 12% Drawings ready in 3 months Associates Optional 54,80 for everything Contingency 12,84 269,83 James M. Webb Chapel Hill 9.75% Drawings ready in 3 months for everything City Planning Chapel Hill $5,000 Up to 50,000 -10% 100;000 -8.5% Master Plan - 2 months 200,000 -8.0% Drawings ready in 90 days after 300,000.7.4% approval Space Carrboro Not exceed _7% Master Plan - 2 months Builders $4,100 Drawings ready in 6 months after approval 8urnstudio Raleigh $3,660 Required 163,641 7 to 10% Master Plan - 12 weeks Optional 66,200 229 ,841 Giles & Gurlitz Chapel Hill hourly rate - to % of construc- Drawings ready in 8 weeks be negotiated tion cost - to be negotiated Integrated Chapel Hill $9,500 Master Plan - 75 days Energy Systems ,(( f 1 W C1 k�-" 832 CRANGE COUNTY - ; I 0 BOARD OF COMMISSIONERS Action Agenda ACTION AGENDA ITEM ABSTRACr Item No. 5 MEETLNG DATE October 26, 1981 Subject Personnel Policy Amendment Department: Manager/PersOnnel 1 Public Hearing: yes y 210 Attachment(s): information Contact: Ken Thompson 1 page Phone Number: 732-8181 ext. 502 Purpose: To consider making the Health Department employees subject to Article XI of the Personnel Policy so far as legally permitted, except the Health Director. • Need: This matter appeared on the Board's September 28 agenda yet since all members were not present, a second reading and majority vote is necessary for approval. Background information is attached. Impact: Action to approve would close a due process gap for grievances other than dismissal, demotion and suspension. Recommendation(s): Approval. ^-`+,r���� �v^ ATTACHMENT # 5 '`- There is a difference in the State Personnel Ordinance and the County Personnel Ordinance. Under the State Personnel Ordinance there is no place _ for oral warning or oral warning with a follow-up letter to be placed in an employee's file. There is also no avenue for an employee to file a grievance to the letter being placed in their personnel file. The County Ordinance however does not set out this procedure with an oral warning for first offence and an oral warning with a follow-up letter to be placed in the employee's personnel file for the second warning. There is a pro- cedure for the employee to follow in a grievance procedure if he or she believes that the warning is not warranted' This brings about a problem with departments that are state and county combined such as the Health Department and Social Services. The best example of the problem comes '� . when a department head issues an oral warning with a follow-up letter and the employee files a grievance as to who would hear and rule on the grievance. The gap within this would be closed if these departments were brought under the County Personnel Ordinance up to the point of the employee being dismissed, demoted or suspended. — —'- 4111111•11•111 . . . Subject: Department Attachment Cs) :Retired Senior VO : Deportment on Aging 1 Resolution lu:1:31::::1A1, TEM ABSTRACT .MEET.MG DATE Octdber 26, 1981 , Public Hearing: Item No. 6 -ii-s—r----c. n' Ipnhlfoormation Contact: Ken 'Illazhogg: .. • • PurP°se:TO consider authorizing sUbmission of a grant application for continuation - -- . ..... Need: funding. The County earlier agreed to assume responsibility for the program. A grant of $12,388 is required for six months of funding (January 1, 1982 to June 30, 1982) . However to secure the funds the County must adopt the attached Resolution. 1. Authorizing application submission, and 2. Certifying the County's willingness to assure a minimum of 1 30% in cash, goods and services as the non-Federal share. i i i; Impact: il 4 The matching portion is budgeted. i ! il! .!1 :I !i ;‘ Recommndationts) : i As the Board decides fi ii '. 8 3 4 • 19( , ." fe5_. A RESOLUTION AUTHORIZING SUBMISSION OF A GRANT APPLICATION FOR RETIRED SENIOR VOLUNTEER PROGRAM (RSVP) BE IT RESOLVED by the Commissionerrof Orange County that the Commissioners authorize the County Manager to submit an application to ACTION for a $12,388 grant for continuation of the Retired Senior Volunteer Program for six months and to certify to the federal government the willingness of the County to assure a minimum of 30% in cash , goods, and services as the non-federal share in support of the program. This the 26th day of October, 1981. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I, Paulette Pridgen-Pond, Clerk to the Board of Commissioners for Orange County, North Carolina, do hereby certify that the foregoing is a true copy of so much of the proceedings of the Board of Commissioners for said County at a meeting held the 26th day of October, 1981 as relates in any way to the Resolution bereinabove set forth, and that spia proceedings are recorded in the Minute Book of the Minutes of said Board for said date. Witness myhandand seal of Orange County, North Carolina, this the 29th day of Cttdber, 1981. 41111:.-- Paulette Pridgen-Pon• ('1 Pk