Agenda 2010 07-12AGENDA
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
Assembly Room, New Hanover County Historic Courthouse
24 North Third Street, Room 301
Wilmington, NC
JASON R. THOMPSON, CHAIRMAN • JONATHAN BARFIELD, JR., VICE - CHAIRMAN
ROBERT G. GREER, COMMISSIONER • WILLIAM A. CASTER, COMMISSIONER • TED DAVIS, JR., COMMISSIONER
BRUCE T. SHELL, COUNTY MANAGER • WANDA COPLEY, COUNTY ATTORNEY • SHEILA SCHULT, CLERK TO THE BOARD
JULY 12, 2010
2:00 P.M.
MEETING CALLED TO ORDER (Chairman Jason R. Thompson)
INVOCATION (Bryan McGee, Senior Pastor, ROCK Church)
PLEDGE OF ALLEGIANCE (Commissioner Ted Davis, Jr.)
APPROVAL OF CONSENT AGENDA
CONSENT AGENDA ITEMS OF BUSINESS
1. Approval of Minutes
2. First Reading
Approval of Solid Waste Handlers' Franchise Ordinance Renewal
3. Approval to Apply for the 2010 Assistance to Firefighters (AFG) Grant
4. Approval to Apply for and Participate in the Quality Improvement 101
Program
5. Ratification of Acceptance of Donation from the Ministering Circle for
Personal Health Services
6. Approval to Accept Institute of Museum and Library Services (IMLS)
Conservation Project Grant
7. Approval to Deaccess an Object from the County Collection
8. Adoption of Ordinances for Budget Amendments
ESTIMATED REGULAR AGENDA ITEM F BUSINESS
TIMES GU S O USI N SS
2:10 p.m.
9. Consideration of a Resolution in Support of State of Arizona Senate Bill 1070
2:20 p.m.
10. New Hanover County and R3 Environmental Term Sheet Agreement
Presentation
3:20 p.m.
11. New Hanover County Library Advisory Board Annual Update
3:30 p.m.
12. New Hanover County Parks and Recreation Advisory Board Annual Update
3:40 p.m.
13. Presentation by the Public Health Foundation of New Hanover County
3:50 p.m.
14. Presentation on ABC Board
4:00 p.m.
15. Public Hearing
2007 Scattered Site Housing Program (SSHP) - Community Development
Block Grant (CDBG) Program Closeout
4:20 p.m.
16. Public Hearing
Exceptional Design Zoning District (EDZD) Rezoning Request (Z -904, 6/10)
— Request by Flournoy Development Company, LLC to Rezone
Approximately 17.56 Acres at 7000, 7004, and 7008 Market Street; 1715,
1725, and 1731 Prospect Cemetery Road; and 75 Snug Harbour Drive from R-
15 Residential District and B -2 Highway Business District to Exceptional
Design Zoning District (EDZD)
Board of Commissioners Meeting
07/12/2010
4:50 p.m. 17. Appointment of Voting Delegate to the 2010 NCACC Annual Conference
4:55 p.m. 18. Committee Appointments
NON - AGENDA ITEMS (limit three minutes
ADDITIONAL AGENDA ITEMS OF BUSINESS
5:10 p.m. 19. Additional Items
County Manager
County Commissioners
Clerk to the Board
County Attorney
5:20 p.m. 20. ADJOURN
Note: Times listed for each item are estimated, and if a preceding item takes less time, the Board will move
forward until the agenda is completed.
Board of Commissioners Meeting
07/12/2010
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: July 12, 2010
CONSENT
ITEM: 1
DEPARTMENT: Governing Body PRESENTER(S): Chairman Thompson
CONTACT(S): Sheila L. Schult, Clerk to the Board
SUBJECT:
Approval of Minutes
BRIEF SUMMARY:
Approve minutes from the following meetings:
Agenda Review meeting held on June 17, 2010
Regular Session meeting held on June 21, 2010
Closed Session meeting held on June 21, 2010
Joint meeting held on June 28, 2010
RECOMMENDED MOTION AND REQUESTED ACTIONS:
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
COMMISSIONERS' ACTIONS:
Approved 5 -0.
Board of Commissioners Meeting
07/12/2010
1 -0
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: July 12, 2010
CONSENT
ITEM: 2
DEPARTMENT: County Attorney PRESENTER(S): Kemp Burpeau, Deputy County Attorney
CONTACT(S): Kemp Burpeau, Deputy County Attorney
SUBJECT:
First Reading
Approval of Solid Waste Handlers' Franchise Ordinance Renewal
BRIEF SUMMARY:
Pursuant to Chapter 153A -46, the Board is to take action to approve and ratify the automatic renewal of the
Award of Franchise and Agreement for Solid Waste Services for the following business organizations:
Republic Services of North Carolina, LLC
Waste Industries, Inc.
Waste Management of the Carolinas
Total Maintenance Cleaning Services
Cape Fear Hauling
The franchise is a requirement for collection of residential and /or commercial solid waste in unincorporated
New Hanover County.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Authorize franchise ordinance renewal.
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
COMMISSIONERS' ACTIONS:
Approved 5 -0.
Board of Commissioners Meeting
07/12/2010
2 -0
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: July 12, 2010
CONSENT
ITEM: 3
DEPARTMENT: Fire Services
CONTACT(S): Chief Donnie Hall
SUBJECT:
PRESENTER(S): Chief Donnie Hall
Approval to Apply for the 2010 Assistance to Firefighters (AFG) Grant
BRIEF SUMMARY:
New Hanover County Fire Services currently responds to approximately 5,000 emergencies each year
ranging from structure fires, technical rescues, vehicle extrications, bulk transportation accidents on the
interstates and highways, manufacturing facility and bulk fuel and chemical storage facility emergencies, and
various other calls for service.
The 2010 AFG Grant, if awarded, would assist in purchasing 150 sets of full turnout gear to include: helmets,
hoods, coats, pants, boots, gloves, and federally approved traffic safety vests to target Hazardous Materials
Responses and Firefighting Operations /Support protection and keep responders safe from harm on these
incidents.
We currently have a staff of approximately 308 persons consisting of full -time, part -time, volunteers, and
interns. Of the 308 current personnel, 88 will be new to our organization this year due to district
realignments. Our current inventory is at 220 sets of gear. 115 of these sets are less than 3 years old. 43 of
these sets are less than 7 years old. 62 of these sets are 10 years or older. 88 of these sets are 15 years or
older. There are 32 sets in reserve but with constant washing and cleaning, due to our current call volume,
there is excessive wear and tear. Often times, employees must share gear which also causes excessive use
and the possibility of health related issues.
Due to a continued decline in the Fire Service tax due to lost revenues from Article 44 Sales tax, aggressive
involuntary annexations in process, and the recent general economy it has become increasingly difficult to
provide the necessary gear to keep employees safe while responding to emergencies.
These additional sets of protective gear will also allow New Hanover County Fire Services to provide a
larger centralized inventory system for all eight fire stations. This system will improve control, eliminate
purchasing duplicate items, and improve fiscal responsibility for tax payer dollars spent.
The total cost for the 150 sets of gear is: $318,450
The AFC grant would provide: $254,760 (80 %)
The NHC Match would be: $63,690 (20%)
If awarded, the County share will come from the Fire Service District Fund balance.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Board of Commissioners Meeting
07/12/2010
3 -0
Approve submittal of application for the 2010 Assistance to Firefighters Grant.
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
COMMISSIONERS' ACTIONS:
Approved 5 -0.
Board of Commissioners Meeting
07/12/2010
3 -0
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: July 12, 2010
CONSENT
ITEM: 4
DEPARTMENT: Health PRESENTER(S): Eric J. Ireland, Deputy Health Director
CONTACT(S): Eric J. Ireland, Deputy Health Director
SUBJECT:
Approval to Apply for and Participate in the Quality Improvement 101 Program
BRIEF SUMMARY:
We have an opportunity to apply for participation in a Quality Improvement initiative offered by the N.C.
Center for Public Health.
It is widely acknowledged that the US has not produced the desired health outcomes that should be expected
given the large investment of resources and the critical importance of good health for the future of the
nation. This discrepancy is particularly evident in poor rural counties. In North Carolina, the NC Hospital
Association's Center for Hospital Quality, the Governor's Quality Initiative, and Community Care of North
Carolina are efforts to strengthen the health system through a dedicated commitment to continuous
improvement. What is missing is an overall framework that can create a statewide culture of continuous
quality improvement (QI) in all state and local public health agencies and a sustainable infrastructure that can
support it.
To address this issue, the NC Center for Public Health Quality (NC CPHQ) was formed to collaborate with
state and local partners to provide training in QI methods and tools; and to develop, lead, and support
strategic QI initiatives for the Division of Public Health and local public health agencies in North Carolina.
NC CPHQ will provide all local public health agencies with the opportunity to participate in QI training
programs to learn and apply QI methods and tools within their local setting.
To ensure that all local health departments have the opportunity and resources to participate in QI training,
each health department that participates in the QI 101 course will receive grant money to support their QI
activities. If selected to participate, New Hanover County Health Department will receive $13,729 for travel
associated with the QI training course, additional QI trainings, and any supplies /materials needed to support
and carry out the QI work.
No matching County Funds are required for program participation.
No new positions will be created as a result of this action.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Approve application and participation in the Quality Improvement 101 program. If awarded, a budget
amendment will be processed to accept funding in the amount of $13,729.
ATTACHMENTS:
QI 101 Information Packet
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Board of Commissioners Meeting
07/12/2010
4 -0
Recommend approval.
COMMISSIONERS' ACTIONS:
Approved 5 -0.
Board of Commissioners Meeting
07/12/2010
4 -0
.....
NC
NC Center for Public Health Qualit
RI
Quality Improvement 101 Course QI 101
"Learning, Experiencing, and Doing Quality Improvement"
BACKGROUND
It is widely acknowledged that the US has not produced the desired health outcomes that should be
expected given the large investment of resources and the critical importance of good health for the
future of the nation This discrepancy is particularly evident in poor rural counties. In North
Carolina, the NC Hospital Associations Center for Hospital Quality, the Governor's Quality
Initiative, and Community Care of North Carolina are efforts to strengthen the health system
through a dedicated commitment to continuous improvement. What is missing is an overall
framewmrk that can create a statewide culture of continuous quality improvement (QI) in all state
and local public health agencies and a sustainable infrastructure that can support it.
To address this issue, the NC Center for Public Health Quality (NC Q'HQ) was formed to
collaborate with state and local partners to provide training in QI methods and tools; and to
develop, lead and support strategic QI initiatives for the Division of Public Health and local public
health agencies in North Carolina. NC Q'HQ will provide all local public health agencies with the
opportunity to participate in QI training programs to learn and apply QI methods and tools within
their local setting.
THE PUBLIC HEALTH QUALITY IMPROVEMENT 101 COURSE
This course was adapted from the well established and successful AHEC QI 101 course. Four local
health departments pilot tested the AHE C QI 101 course and provided feedback on how to adapt
the course so that it is more applicable to public health and incorporates improvement methods and
tools that have been successful in North Carolina public health It is our aim to continually improve
the course to ensure that it provides the best training possible.
The new Public Health QI 101 course is an interactive 6 -month leamitlg opportunity for local health
departments interested in improving the quality of the services they provide. Participants will learn
about QI methods and tools and apply what they are leaning to specific local projects. The overall
objectives of the course are to help participants:
• Understand select, and use QI methods and tools in their daily activities to improve their
local setting
Coach others Within their local setting to use QI methods and tools
Develop a plan to incorporate QI methods and tools Within their local agency so that it
becomes "the Way AAe do business"
To ensure that all local health departments have the opportunity and resources to participate in QI
training, each health department that participates in the QI 101 course will receive grant money to
support their QI activities. Non-district health departments will receive $13,729 and the six district
health departments will receive $13,729 for the first county and $6,864 for each additional county.
This money is to pay for travel associated with the QI training course, additional QI trainingS, and
any supplies /materials needed to support and carry out the QI wark
Board of Commissioners Meeting
07/12/2010
4 -1 -1
TIMELINE FOR THE QI 101 COURSE
I
Pre -work Workshop 1 Action Period 10
Activities 0
Pre -work Activities (2 months)
During the first phase of the course, local health department teams will participate in an
informational meeting and 3 v�ebinars. During these sessions, participants will choose a QI project,
develop a project aim statement, and learn to use QI tools to understand the specific issue they aim-
to improve.
Workshop 1 (2 days)
Following the pre -work phase, local health department teams will come together for a two-day face-
to -face workshop. Teams will continue to learn QI methods and tools and develop a plan to apply
the tools in their local setting.
Action Period (4 months)
Following the workshop, teams will implement their QI plan and begin using QI methods and tools
within their local setting to improve their chosen process. During this time, each team will share
their progress with other teams and receive coaching from QI 101 faculty via conference calls,
wEbinars, and an on-site facilitated 3 -4 day improvement event (a Lean Kaizen event).
Workshop 2 (2 days)
Following the action period, teams will attend a final two-day face -to -face workshop to celebrate
and share their successes and lessons learned as well as plan for spread and sustainaUility of their
improvements.
Board of Commissioners Meeting
07/12/2010
4 -1 -2
PH QI 101 COURSE EXPECTATIONS
Expectations of the NC Center for Public Health Quality
• Communicate information and deadlines in a clear and timely fashion
• Disburse grant monies to each participating local health department in a timely fashion
• Provide the highest quality training and technical assistance in QI methods and tools to help
local health departments successfully complete their QI project
• Routinely exceed the customer service expectations of local health departments
Expectations of Participating Local Health Department QI Teams
• Complete pre -work activities prior to workshop 1, including participating in an informational
meeting and wubinars, identifying a process within the local health deparhilent that needs
improvement, developing an aims statement, and using QI tools to understand the current
process targeted for improvement
• Designate and provide time for 3 -5 staff to participate on the QI team
• Participate in one informational meeting and two face -to -face workshops. Workshops will most
likely be held in the Trianye area of NC.
• Learn and apply QI methods within the local setting by successfully completing a QI project
• Participate in an on-site 3 -4 day improvement event (Lean Kaizen event) with QI 101 faculty,
to help the QI team quickly improve a process (optional, but highly recommended)
• Share leaning and problem solve with other participating local health departments through
monthly conference calls and an e-mail listsery
• Submit monthly progress reports to health directors and management teams (preferably done
in person) and to the QI 101 faculty
• Provide on-going feedback via one to two conference calls and /or e-mail surveys to in
the QI 101 curriculum
• Commit to spreading and sustaining QI within the agency following the QI 101 course
• Share experience and leanlulg with other local health departments across the state (i.e.
presentations, newsletter /wEbsite articles, etc.)
Board of Commissioners Meeting
07/12/2010
4 -1 -3
FAQS ABOUT THE PH QI 101 COURSE
1. How long is the course?
The course is a six-month interactive leamitlg experience in which participants learn QI methods
and tools and immediately apply them within their agency. A majority of the work is done
within your local agency with coaching and assistance from QI 101 faculty. HowEVer, two face-
to -face workshops will occur. Your QI team, health director, and senior management (if
available) should plan to attend both workshops.
2. Is the course mandatory?
NC Q'HQ exists to provide resources and tools to help local agencies apply QI methods and
tools to improve their performance and efficiency. Although our goal is provide the opportunity
for all local health agencies to participate in the QI 101 course, it is NOT mandatory.
3. What QI framework is used in the course?
There are many different QI frameworks that have shown successful results. For this course, vie
will use the Model for Improvement as our framework as v�ull as tools and principles from Lean
methodology.
The Model for In (MFI) was developed by Associates in Process Improvement and
is used by the Institute for Healthcare Improvement. It has been used successfully in healthcare
and public health The MFI is made up of three fundamental questions that drive improvement:
• What are we trying to accomplish? (AIM
• How will we know that a change is an improvement? (MEASURES)
• What change can wre rroke that will result in improvement (CHANGES)
Lean was derived from Japanese manufactui7ng and the Toyota Production System. It has been
successful in industry and most recently in healthcare and public health Lean focuses on
identifying and elim non-value added or wasteful activities to in efficiency and
reduce costs within an organization. Lean is a single set of principles that are easy for all to
grasp. The basic steps of implementation are as follows:
• Identify activities that add value
• Establish the sequence of flow of the process (value stream)
• Elimvnate or reduce activities that do not add value
• Create a more organized work flow
• Create a continuous improvement culture which strives to elimina waste
Kaizen improvement events are one of the tools used in Lean to create and implement change.
Kaizens are formalized, focused rapid improvement events conducted over a fixed duration
(usually two, three, or four days) that organizations use to achieve dramatic improvements and
progressively shift their culture. The QI team indentif y waste and "see the flow" of a process.
The teams learns to make improvement in a methodical way as they design, test, and implement
solutions, monitor improvements, and then make adjustments as needed
4
Board of Commissioners Meeting
07/12/2010
4 -1 -4
4. What is the cost associated with the course?
There is NO COST for the course (except staff time). Travel costs will be paid for by a grant
provided by NC Q'HQ. Non-district health agencies will receive $13,729 and the six district
health agencies will receive $13,729 for the first county and $6,864 for each additional county.
The grant money can be used to pay for travel associated with the QI training course, additional
QI trainingS, and any supplies /materials needed to support and carry out the QI work In
addition, the money can be used to pay for the 3 -5 day on-site Lean Kaizeri rapid improvement
event by faculty trained in Lean methodology.
5. What are the reporting requirements associated with the grant funds?
We aim to make reporting requirements as nvrunal as possible. Upon disbursement of the
money, wE ask that you develop a high level budget indicating your plans to spend the money. In
addition, we ask that you report your actual spending, 12 months from the start of the course.
As part of the course, vie will also ask your team to submit a two -page monthly progress report.
This will help your team track your progress and will provide us With information so vie can
provide you With resources that Will help you successfully complete your project.
6. How do we choose a QI project?
Choosing the right QI project is important. If the project is the first for your agency it is
unportant to choose one that will be successful and produce results that gain buy-in from others
in the organization. Given the current budget constraints, one recommendation is to choose a
project that focus on improving efficiency within your agency. Visit our wubsite to learn about
previous QI projects.
When choosing a project, consider the following.
• Where are the gaps between what you desire and your actual perfon (Review
your community health assessment, accreditation results, and client /staff satisfaction
surveys for ideas.)
• Does the project have a strategic connection for your agency?
• Can the project be done on a small scale and show results in 2 -3 months?
• Consider the "Wow! Factor''. Is it an area that desperately needs irrlprovenlent? ,Will
showing improvements in this area gain buy-in from staff to do future QI projects?
• What is the resistance level from staff /managers leaders? (Choose a project that has
low resistance.)
7. Does a team have to participate in the course?
Yes, vie prefer that each local agency send a team of 3 -5 individuals, because most
improvements require a team of individuals to plan, test, and implement improvements.
8. How do we choose our QI team?
Selecting the right team is unportant. Choose your team members based on their knowledge of,
and involvement in, the processes that will be affected by your selected in project. A
single person may have rrure than one role on the team. As you assemble your team, consider
including members who can serve in the following capacities:
Board of Commissioners Meeting
07/12/2010
4 -1 -5
A Leader /Manager who has enough clout to help implement new changes and the
authority to allocate the time and resources necessary to achieve the team's aim. It is
important that this person have influence over areas that are affected by the change.
Examples of a Leader/Manager include: Director of Nursing, Nursing Managex, WIC
Director
The QI Expert has some fan with QI methods and understands the processes
and procedures that are the focus of improvement efforts. This individual has a good
wvrldng relationship with colleagues, can "get things done," and knows who to consult
with when additional support or clinical /technical information is needed to guide the
improvement efforts. Examples of QI Experts might include: Quality
Improvement /Perfor Improvement /Quality Assurance Director or Managex or
Nurse Manager for Quality.
Local Experts are "front -line" staff whose daily work occurs in the area that is the
focus of the improvement. They have a thorough understanding of the processes and
procedures and ideas about how to change them. They will benefit directly from
changes and are able to understand the effects of proposed changes and have the desire
and ability to drive the improvement project on a daily basis. Local Experts can be any
agency employee.
Board of Commissioners Meeting
07/12/2010
4 -1 -6
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: July 12, 2010
CONSENT
ITEM: 5
DEPARTMENT: Health PRESENTER(S): Janet Smithey, Personal Health Services Manager
CONTACT(S): Janet Smithey, Personal Health Services Manager
SUBJECT:
Ratification of Acceptance of Donation from the Ministering Circle for Personal Health Services
BRIEF SUMMARY:
The Ministering Circle has offered to provide $4,000 to the New Hanover County Health Department to
assist with services provided in the Men's Preventive Health Program ($2,000) and Women's Health -
Colposcopy Services ($2,000). Funds for the Women's Health will be placed in an escrow account for use in
payment of colposcopy services for women who are unable to pay due to economic hardship.
No County funds are required as a match and no new positions will be created. Services will end when
funding is exhausted.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Ratify the acceptance of the donation from the Ministering Circle of $4,000 and adopt the ordinance
for budget amendment 11 -005 for Men's Preventive Health and Women's Health - Colposcopy Services.
ATTACHMENTS:
Memo re: donation of funds
B/A 11 -005
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
COMMISSIONERS' ACTIONS:
Approved 5 -0.
Board of Commissioners Meeting
07/12/2010
5 -0
NEW HANOVER COUNTY
HEALTH DEPARTMENT
2029S.17 th Street
Wilmington, NC 28401
TELEPHONE (910) 798 -6500 FAX (910) 341 -4146
To: New Hanover County Board of Health
From: Janet Smithey RN, BSN
Personal Health Services Manager
Subject: Ministering Circle Funds- $4,000
Date: May 17, 2010
Your
Health
Our t-116;
Priority
-n
We have partnered with the Ministering Circle for many years with our Chore Worker Program
and have also received funds from the organization periodically for other health programs. This
benevolent group often calls us to inquire about needs we have for underfunded programs and
will provide small awards or donations to meet those needs, such as purchasing a piece of
equipment. They often invite staff to talk to their group about our services, and then they decide
whether they want to donate some funds to support a program. We are never asked to submit a
grant request.
Margo Miars from the Ministering Circle called recently and said they would like to donate
$4,000 to the New Hanover County Health Department for two programs; the Men's Preventive
Health program will receive $2,000 to help the uninsured men with access to primary care for
follow -up of screenings (at least 2 visits each to establish a diagnosis and treatment plan) and the
Women's Health Program will receive $2,000 for colposcopy services, which can be used to
scholarship women without means of paying for these services. These funds will remove a
barrier to care, as some women will not follow through with needed colposcopy services due to
lack of ability to pay.
I respectfully request to accept the $4,000 for these programs and to submit the request to the
Board of County Commissioners for ratification of a budget amendment for such use of the
funds as outlined above. Thank you for your support!
Board of Commissioners Meeting
"Healthy People, Health �� n Healthy Community"
AGENDA: July 12, 2010
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2011 BUDGET
BY BUDGET AMENDMENT 11 -005
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North
Carolina, that the following Budget Amendment 11 -005 be made to the annual budget ordinance for the
fiscal year ending June 30, 2011.
Section 1: Details of Budget Amendment:
Fund: General Fund
Department: Health /Men's Preventive Health
Expenditure:
Decrease
Increase
Health /Men's Preventive Health:
Contract Services
$2
Total
$2
Revenue:
Decrease
Increase
Health /Men's Preventive Health:
Grant - Local
$2
Total
$2
Section 2: Explanation
The Health Department has received a donation of $4,000 from Ministering Circle for the Men's Preventive
Health Program and Women's Health Colposcopy Services. Health screenings will be provided for those
without health insurance. This budget amendment is for $2,000 for the Men's Preventive Health Program.
The remaining $2,000 will be put in an escrow account for the Women's Health Services. No County
matching funds are required.
Section 3: Documentation of Adoption:
This ordinance shall be effective upon its adoption.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New
Hanover County, North Carolina, that the Ordinance for Budget Amendment 11 -005, amending the annual
budget ordinance for the fiscal year ending June 30, 2011, is adopted.
Adopted, this day of , 2010.
(SEAL)
ATTEST:
Jason R. Thompson, Chairman
Sheila L. Schult, Clerk to the Board
Board of Commissioners Meeting
07/12/2010
5 -2 -1
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: July 12, 2010
CONSENT
ITEM: 6
DEPARTMENT: Museum PRESENTER(S): Ruth Haas, Director, Cape Fear Museum
CONTACT(S): Ruth Haas, Director, Cape Fear Museum
SUBJECT:
Approval to Accept Institute of Museum and Library Services (IMLS) Conservation Project Grant
BRIEF SUMMARY:
Cape Fear Museum requests permission to accept the IMLS Conservation Project 2010 grant that will pay
$27,280 toward the cost of conserving three significant Civil War objects over the next two years. The grant
requires a 1:1 match. To meet the match, in -kind salaries and benefits totaling $5,587 and Cape Fear
Museum Associates, Inc., donations totaling $21,730 will be used. Private funds have already been raised in
excess of the needs for the Year I match, and sufficient total funds are in reserve to meet the full cash
match.
The objects include an 1861 Union flag present when Wilmington considered whether to join the seccession
movement, the 2nd National Confederate flag that flew over Fort Fisher, and General Whiting's full dress
uniform. These three objects are included on the top ten list of items requiring conservation in the County's
extensive collection. By conserving the objects, we will have them available to include in exhibits
commemorating 150 years since the Civil War, 2011 -2015. Fundraising will include support for the exhibit
as well as conservation.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Approve acceptance of the IMLS 2010 Conservation Project Support grant and adopt ordinance for budget
amendment 11 -007.
ATTACHMENTS:
PDF Illustrating objects and project
Project Budget
B/A 11 -007
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
COMMISSIONERS' ACTIONS:
Approved 5-0.
Board of Commissioners Meeting
07/12/2010
6 -0
Cape Fear Museum
Conservation Project
1982.21.1
1861 United States Flag
95 -123 hours @ $135 hr = $13- 16,000
Materials = $ 650
General Whiting's Uniform
CONSERVATION TOTAL
Staff Inkind
Project Total
102 -123 hours @ $135/hr = $14 -16,
1981.68.1
1864 CSA 2nd National "Stainless" Flag
95 -123 hours @ $135/hr = $13- 16,000
Materials = $ 650
6 -1 -1
Matching the Grant
IMLS = $ 27,250
CAPE FEAR MUSEUM
CFM = $ 27,260
WHY CONSERVE?
To preserve history.,
To protect value.
To share with community.
Staff Salaries
$
5,0500
Private Donations
-- Cash In Hand
$
16,9000+
-- Left to raise
$
5,9750
Guaranteed match reserved:
— Restricted Escrow
$
9,p500
Board of Commissioners Meeting
07/12/2010
6 -1 -2
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AGENDA: July 12, 2010
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2011 BUDGET
BY BUDGET AMENDMENT 11 -007
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North
Carolina, that the following Budget Amendment 11 -007 be made to the annual budget ordinance for the
fiscal year ending June 30, 2011.
Section 1: Details of Budget Amendment:
Fund: General Fund
Department: Museum /Cape Fear Museum Association
Expenditure:
Decrease
Increase
Museum:
Contract Services
$46
Supplies
1
Postage
900
Total
$49
Revenue:
Decrease
Increase
Museum:
Grant - Federal
$27
Museum/Cape Fear Museum Association:
Contribution
21
Total
$49
Section 2: Explanation
To budget an Institute of Museum and Library Services (ILMS) Conservation Project Grant. These funds
will be used to conserve three Civil War objects.
Section 3: Documentation of Adoption:
This ordinance shall be effective upon its adoption.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New
Hanover County, North Carolina, that the Ordinance for Budget Amendment 11 -007, amending the annual
budget ordinance for the fiscal year ending June 30, 2011, is adopted.
Adopted, this day of , 2010.
(SEAL)
ATTEST:
Jason R. Thompson, Chairman
Sheila L. Schult, Clerk to the Board
Board of Commissioners Meeting
07/12/2010
6 -3 -1
This page intentionally left blank.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: July 12, 2010
CONSENT
ITEM: 7
DEPARTMENT: Museum PRESENTER(S): Ruth Haas, Director, Cape Fear Museum
CONTACT(S): Ruth Haas,Director, Cape Fear Museum
SUBJECT:
Approval to Deaccess an Object from the County Collection
BRIEF SUMMARY:
The Museum is requesting permission to deaccession the Williston High School, 1931, Vol. 1, Issue 1,
"Williston Echo" (Artifact Number 1994.48.1). A family member of the original donor has questioned the
legitimacy of the donation. Because of other items in the collection and the fragile nature of paper objects
for use in exhibits, we are recommending that the object be deaccessioned and returned to the family. The
Museum has a scanned copy that can be used in research.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Move to deaccession Volume 1, Issue 1 of "Williston Echo" and return to the donor's family.
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
COMMISSIONERS' ACTIONS:
Approved 5 -0.
Board of Commissioners Meeting
07/12/2010
7 -0
This page intentionally left blank.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: July 12, 2010
CONSENT
ITEM: 8
DEPARTMENT: Budget PRESENTER(S): Cam Griffin, Budget Director
CONTACT(S): Cam Griffin, Budget Director
SUBJECT:
Adoption of Ordinances for Budget Amendments
BRIEF SUMMARY:
The following budget amendments amend the annual budget ordinance for the fiscal year ending June 30,
2011.
11 -001 -
Health
11 -002 -
Health
11 -004 -
Health
11 -006 -
Health
11 -003 -
Museum
11 -008 -
Sheriffs Office
2011 -01
- Sheriff s Office
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Adoption of the ordinances for the budget amendments listed.
ATTACHMENTS:
B/A 11 -001
B/A 11 -002
B/A 11 -004
B/A 11 -006
B/A 11 -003
B/A 11 -008
B/A 2011 -01
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
COMMISSIONERS' ACTIONS:
Board of Commissioners Meeting
07/12/2010
8 -0
Approved 5 -0.
Board of Commissioners Meeting
07/12/2010
8 -0
AGENDA: July 12, 2010
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2011 BUDGET
BY BUDGET AMENDMENT 11 -001
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North
Carolina, that the following Budget Amendment 11 -001 be made to the annual budget ordinance for the
fiscal year ending June 30, 2011.
Section 1: Details of Budget Amendment:
Fund: General Fund
Department: Health /Safe Kids Program
Expenditure:
Decrease
Increase
Health /Safe Kids Program:
Supplies
$500
Total
$500
Revenue:
Decrease
Increase
Health /Safe Kids Program:
Grant - Local
$500
Total
$500
Section 2: Explanation
The Health Department has received a grant award of $500 from the Kohl's Department Store for
participation in two Safe Kids Cape Fear Coalition Child Passenger Safety (CPS) campaigns, "Never Leave
Your Child Alone" and "In and Around Cars." Funds will support injury prevention initiatives throughout
FY 10 -11, recertification fees for CPS technicians, training, and supplies. No County matching funds are
required.
Section 3: Documentation of Adoption:
This ordinance shall be effective upon its adoption.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New
Hanover County, North Carolina, that the Ordinance for Budget Amendment 11 -001, amending the annual
budget ordinance for the fiscal year ending June 30, 2011, is adopted.
Adopted, this day of , 2010.
(SEAL)
ATTEST:
Jason R. Thompson, Chairman
Sheila L. Schult, Clerk to the Board
Board of Commissioners Meeting
07/12/2010
8 -1 -1
AGENDA: July 12, 2010
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2011 BUDGET
BY BUDGET AMENDMENT 11 -002
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North
Carolina, that the following Budget Amendment 11 -002 be made to the annual budget ordinance for the
fiscal year ending June 30, 2011.
Section 1: Details of Budget Amendment:
Fund: General Fund
Department: Health /Family Strengthening Initiative
Expenditure:
Decrease
Increase
Health/Family Strengthening Initiative:
Contract Services
$9
Total
$9
Revenue:
Decrease
Increase
Health/Family Strengthening Initiative:
Grant - State
$9
Total
$9
Section 2: Explanation
The Health Department has received an additional grant of $9,350 for FY10 -11 from the Children and Youth
Branch of the North Carolina Division of Public Health, Women's and Children's Health Section, for
contract services with the Child Advocacy and parenting Place (CAPP) Exchange Club Center, Inc. CAPP
will provide parenting classes using researched curricula, such as the Strengthening Families Program. No
additional County matching funds are required.
Section 3: Documentation of Adoption:
This ordinance shall be effective upon its adoption.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New
Hanover County, North Carolina, that the Ordinance for Budget Amendment 11 -002, amending the annual
budget ordinance for the fiscal year ending June 30, 2011, is adopted.
Adopted, this day of , 2010.
(SEAL)
ATTEST:
Jason R. Thompson, Chairman
Sheila L. Schult, Clerk to the Board
Board of Commissioners Meeting
07/12/2010
8 -2 -1
AGENDA: July 12, 2010
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2011 BUDGET
BY BUDGET AMENDMENT 11 -004
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North
Carolina, that the following Budget Amendment 11 -004 be made to the annual budget ordinance for the
fiscal year ending June 30, 2011.
Section 1: Details of Budget Amendment:
Fund: General Fund
Department: Health /Environmental Health
Expenditure:
Decrease
Increase
Health /Environmental Health:
Temporary Salaries
$10
Total
$10
Revenue:
Decrease
Increase
Health /Environmental Health:
Grant - Federal
$10
Total
$10
Section 2: Explanation
The U.S. Consumer Product Safety Commission has awarded the Health Department $10,000 for
reimbursement of expenses incurred inspecting public pools and spas and reporting compliance with the
Virginia Graeme Baker Pool and Spa Safety Act. This Request for Quotation was approved by the County
Commissioners at their April 19, 2010 meeting. No County matching funds are required.
Section 3: Documentation of Adoption:
This ordinance shall be effective upon its adoption.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New
Hanover County, North Carolina, that the Ordinance for Budget Amendment 11 -004, amending the annual
budget ordinance for the fiscal year ending June 30, 2011, is adopted.
Adopted, this day of , 2010.
(SEAL)
ATTEST:
Jason R. Thompson, Chairman
Sheila L. Schult, Clerk to the Board
Board of Commissioners Meeting
07/12/2010
8 -3 -1
AGENDA: July 12, 2010
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2011 BUDGET
BY BUDGET AMENDMENT 11 -006
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North
Carolina, that the following Budget Amendment 11 -006 be made to the annual budget ordinance for the
fiscal year ending June 30, 2011.
Section 1: Details of Budget Amendment:
Fund: General Fund
Department: Health /Eat Smart Move More
Expenditure:
Decrease
Increase
Health /Eat Smart Move More:
Contract Services
$14
Supplies
2
Employee Reimbursements
120
Training and Travel
130
Total
$17
Revenue:
Decrease
Increase
Health /Eat Smart Move More:
Grant - State
$17
Total
$17
Section 2: Explanation
The North Carolina Department of Health and Human Services, Division of Public Health for the Eat Smart,
Move More Community grant have awarded the Health Department $17,500 to provide increased physical
activity among youths ages 6 -14 in at risk, underserved, minority populations. The Health Department will
partner with the City of Wilmington and the UNCW Obesity Prevention Program to complete the last
section of the Ann Street Bicycle Boulevard and provide youth bike safety classes. Ratification of this grant
application was approved by the County Commissioners at their May 17, 2010 meeting. No County
matching funds are required.
Section 3: Documentation of Adoption:
This ordinance shall be effective upon its adoption.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New
Hanover County, North Carolina, that the Ordinance for Budget Amendment 11 -006, amending the annual
budget ordinance for the fiscal year ending June 30, 2011, is adopted.
Adopted, this day of , 2010.
(SEAL)
ATTEST:
Jason R. Thompson, Chairman
Sheila L. Schult, Clerk to the Board
Board of Commissioners Meeting
07/12/2010
8 -4 -1
AGENDA: July 12, 2010
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2011 BUDGET
BY BUDGET AMENDMENT 11 -003
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North
Carolina, that the following Budget Amendment 11 -003 be made to the annual budget ordinance for the
fiscal year ending June 30, 2011.
Section 1: Details of Budget Amendment:
Fund: General Fund
Department: Museum
Expenditure:
Decrease
Increase
Museum:
Temporary Salaries
$7
Total
$7
Revenue:
Decrease
Increase
Museum:
Contributions
$7
Total
$7
Section 2: Explanation
To budget a $1 increase in the Museum's admission fee that will commence September 1, 2010. The County
Commissioners granted their approval for the admission fee increase at their June 21, 2010 meeting. Cape
Fear Museum Associates receive 1/3 of the admission revenue. This budget amendment amount is 2/3 of the
anticipated revenue.
Section 3: Documentation of Adoption:
This ordinance shall be effective upon its adoption.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New
Hanover County, North Carolina, that the Ordinance for Budget Amendment 11 -003, amending the annual
budget ordinance for the fiscal year ending June 30, 2011, is adopted.
Adopted, this day of , 2010.
(SEAL)
ATTEST:
Jason R. Thompson, Chairman
Sheila L. Schult, Clerk to the Board
Board of Commissioners Meeting
07/12/2010
8 -5 -1
AGENDA: July 12, 2010
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2011 BUDGET
BY BUDGET AMENDMENT 11 -008
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North
Carolina, that the following Budget Amendment 11 -008 be made to the annual budget ordinance for the
fiscal year ending June 30, 2011.
Section 1: Details of Budget Amendment:
Fund: General Fund
Department: Sheriffs Office/Detectives
Expenditure:
Decrease
Increase
Sheriff s Office /Detectives:
Salaries and Wages
$89
Social Security Taxes
6
Retirement — Local Government Employee
5
Medical Insurance
16
Training and Travel
2
Contingencies
$30
Total
$30
$120
Revenue:
Decrease
Increase
Sheriffs Office /Detectives:
Grant - State
$90
Total
$90
Section 2: Explanation
To budget the second year Governor's Crime Commission grant award of $120,467 for a Gang Resistance
and Intervention Teamwork (GRIT) grant project. The County's cash match is $30,117, which is charged to
the Contingency Fund. With approval of this budget amendment, the remaining balance in Contingency
Fund will be $476,218. Approval to use Contingency funds was granted at the June 21, 2010 Board of
Commissioners meeting.
At the end of the grant term, this project will be evaluated to determine if grant positions could be
considered for County funding.
Section 3: Documentation of Adoption:
This ordinance shall be effective upon its adoption.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New
Hanover County, North Carolina, that the Ordinance for Budget Amendment 11 -008, amending the annual
budget ordinance for the fiscal year ending June 30, 2011, is adopted.
Adopted, this day of , 2010.
(SEAL)
ATTEST:
Jason R. Thompson, Chairman
Sheila L. Schult, Clerk to the Board
Board of Commissioners Meeting
07/12/2010
8 -6 -1
AGENDA: July 12, 2010
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2011 BUDGET
BY BUDGET AMENDMENT 2011 -01
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North
Carolina, that the following Budget Amendment 2011 -01 be made to the annual budget ordinance for the
fiscal year ending June 30, 2011.
Section 1: Details of Budget Amendment:
Fund: Controlled Substance Tax and Federal Forfeited Property
Department: Sheriffs Office
Expenditure:
Decrease
Increase
Controlled Substance Tax:
Supplies
$9
Federal Forfeited Property:
32
Supplies
5
Federal Forfeited Property
5
Interest on Investments
3
Total
$15
Revenue:
Decrease
Increase
Controlled Substance Tax:
Controlled Substance Tax
$9
Interest on Investments
32
Federal Forfeited Property:
Federal Forfeited Property
5
Interest on Investments
3
Total
$15
Section 2: Explanation
Controlled Substance Tax: to budget receipt of $9,851 on 6/18/10 and interest on investments for $32 for
March through May 2010. Federal Forfeited Property: to budget receipts of $5,667 on 6/16/10 and 6/28/10
and interest on investments of $3 for May 2010. Controlled Substance Tax and Federal Forfeited Property
funds are budgeted as received and must be used for law enforcement as the Sheriff deems necessary.
Section 3: Documentation of Adoption:
This ordinance shall be effective upon its adoption.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New
Hanover County, North Carolina, that the Ordinance for Budget Amendment 2011 -01, amending the annual
budget ordinance for the fiscal year ending June 30, 2011, is adopted.
Adopted, this day of , 2010.
(SEAL)
ATTEST:
Jason R. Thompson, Chairman
Sheila L. Schult, Clerk to the Board
Board of Commissioners Meeting
07/12/2010
8 -7 -1
This page intentionally left blank.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: July 12, 2010
REGULAR
ITEM: 9
DEPARTMENT: Governing Body PRESENTER(S): Commissioner Robert G. Greer
CONTACT(S): Commissioner Robert G. Greer
SUBJECT:
Consideration of a Resolution in Support of State of Arizona Senate Bill 1070
BRIEF SUMMARY:
The resolution supports greater enforcement of Federal immigration laws.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Consider the resolution.
ATTACHMENTS:
Resolution
State of Arizona Senate Bill 1070
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Consider the resolution.
COMMISSIONERS' ACTIONS:
A revised resolution was not approved, Commissioners Greer, Caster and Davis opposing. The attached
resolution was approved 3 -2, Chairman Thompson and Vice - Chairman Barfield opposing.
Board of Commissioners Meeting
07/12/2010
9 -0
A RESOLUTION OF THE
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
IN SUPPORT OF STATE OF ARIZONA SENATE BILL 1070
WHEREAS, on April 23, 2010, the Governor of Arizona signed Senate Bill 1070, which creates
sweeping changes into how that State handles illegal immigration within its boundaries; and
WHEREAS, the intent of Senate Bill 1070 is to allow local enforcement of federal immigration
laws and to protect the civil rights of our citizens and legal residents; and
WHEREAS, the safety and security of our citizens is first and foremost the responsibility of our
government, in whatever capacity and at all levels, to protect our citizens from those persons
gaining illegal entry into our great country; and
WHEREAS, little progress has been made nationally to curtail illegal aliens from entering into
the United States.
NOW, THEREFORE, BE IT RESOLVED, that the New Hanover County Board of
Commissioners fully supports the State of Arizona's Senate Bill 1070 and applauds it for taking
action on a grossly overlooked issue that continues to create monumental problems and financial
burdens for all legal residents of the United States of America.
BE IT FURTHER RESOLVED that the New Hanover County Board of Commissioners invites
the other ninety -nine counties and the NC Association of County Commissioners to join it in
supporting Arizona SB 1070 by sending a resolution of support to the NC General Assembly.
BE IT FURTHER RESOLVED that the New Hanover County Board of Commissioners
requests and supports the creation and adoption by the North Carolina General Assembly of a
bill identical to Arizona SB 1070.
ADOPTED this the 12 day of July, 2010.
NEW HANOVER COUNTY
Jason R. Thompson, Chairman
ATTEST:
Sheila L. Schult, Clerk to the Board
Board of Commissioners Meeting
07/12/2010
9 -1 -1
��En Senate Bli III I
State of Arizona
SIenate
Fort � ni nth Legs s I attire
Second Re Session
20110
Alj� I ;a I IN M
V FAK
S34
AN ACT
AMEND I NG T I TLF 11, CHAPTER 7. ARI ZONA REV I SED STATUTES , BY ADD 1 NG ART I CL11 81;
AMENDING TITLE 1.3 CHAPTER 15,. ARIZONA REVISED STATUTES , BY ADDING SECTION
I 3- 1509: AMENDI NO SECTION 13 I 9 , ARI ZONA REV ISE' STATUTES: AMEND I NG T'I TLE
13f CHAPTER 29, ARIZONA REVISED STATUTES, BY ADDING SECTIONS 13-2928 AND
13-2929; AMENDING SECTIONS 13-3883, 23-212, 23-212.01, 23-214 AND 28-3511.,
ARIZONA REVISED STATUTES-, A MEN SIN ITLE 41, CHAPTER 12, ARTICLE 2, ARIZONA
REVISED STATUTES, BY ADDING SECTION 41-17241; RELATING TO UNLAWFULLY PRESENT
ALIENS.
- i -
Board of Commissioners Meetin
07/12/2010
9-2-1
Be it enacted b the Legislature of the State o f Arizona:
Section 1. Intent
The Ile f'inds that there is a compellin interest 'in the
coo perati ve en f orcement of "f edera l imm:i laws throughout al I of
Arizona. The legislature declares that the intent of this act is to make
attrition through enforcement the public policy of all state and local
government agencies in Arizona. The provisions of this act are intended to
work together to discourage and deter the unlawful entry and pre,senice o:f
aliens and economic activity b ersons unlawfull present in the United
States.
Sec. 2. Title 11, chapter 7, Arizona Revised Statutes, is amended b
adding article 8, to read:
ARTICLE 8. ENFORCEMENT IMMIGRATION LAW'S
j - e n e n f
A� NO OFFICIAL OR AGENCY OF THIS STATE OR A COUNTY, CITY, I-OWN OR
OTHER P 0 L I T I C, A L SUBDIVISION 0 F TH I S STATE MAY L, I M I T OR R E S, 1- R I CT T H E
ENFORCEMENT OF FEDERAL T M. G RA T TO N LAWS T 0 E S S THAN U HF F H L L E ur I N T
PERMITTED BY FEDERAL LAW.
B . FOR ANY LAWFUL CONTACT MADE BY A LAW ENFORCEMENT OFFICIAL OR A LAW
ENFORCEMENT AGENCY OF THIS STATE OR A LAW ENFORCEMENT' OFHCIAL OR A LAW
ENFORCEMENT AGENCY OF A COUNTY, CITY. TOWN OR OTHER POLITICAL SUBDIVISION O F
THIS STATE WHERE REASONABL,E SUSPICION EXISTS THAT THE PERSON 'IS AN ALIEN WHO
IS UNLAWFULLY PRESENT IN THE UNITED STATES, A REASONABLE ATTEMPT SHALL BE
MADE, W'HEN PRACTICABLE, TO DETERMINE THE IMMIGRATION STATUS OF THE PERSON,
EXCEPT IF 'THE DETERMINATION MAY HINDER OR OBSTRUCT AN INVESTIGATION. ANY
PERSON WHO IS ARRESTED SHALL HAVE THE PERSONIS IMMIGRATION STATUS DETERMINED
BEFORE THE PERSON IS RELEASED. THE PERSON'S IMMIGRATION STATUS SHALL BE
VERIFIED WITH THE FFDERA[., GOVERN IL Nr PURSUANT TO 8 UNITED STATES CODE SECTION
1373(c). A LAW ENFORCEMENT OFFICIAL OR AGENCY OF THIS STATE OR A COUNTY,
CITY, TO:WN OR OTHER POLITICAL
I ,,, SUBDIVISION OF' THIS STATE MAY NOT SO, ,.ELY
CONSIDER RACE. COLOR OR NATIONAL ORIGIN IN IMPLEMENTING THE REQUIREMENTS 01`
THIS SUBSECTION EXCEPT To THE EXTENT PERM11TED BY THE UNITED STA1ES OR
ARIZONA CONSTITUTION. A PERSON IS PRESUMED TO NOT BE, AN A1_IEN WHO IS
I
UNLAWFU L I DEN-1 'IN THE UNITED STATES IF THE PERSON PROVIDES TO THE LAW
Y F R ) ' c-E
ENFORCEMENT OFFICER OR AGENCY ANY OF THE FOLLOWING:
I . A VALID ARIZONA DRIVER LICENSE .
2� A VALID ARIZONA NONOPERA,TING IDENTIFICATION LICENS,E,
3, A VALID TRIBAL ENROLLMENT CARD OR OTHER FORM OF' TRIBAL
IDENTIFICATION,
4. 1 F THE ENTITY REQUIRES PROOF OF' LEGAL PRESENCE IN THE UNITED STATES
BEFORE ISSUANCE, ANY VALID UNITED STATES FEDERAL, STATE, OR LOCAL GOVERNMFNT
I SS,UED I DENT I F ICAT I ON
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C. IF AN ALI EN WHO IS (JNLAWFULLY PRESENT IN H. UNITED STATES IS
CONVICTED 0 A V I O L AT ION 0 F S T A T E 0 R L 0 C A LAW, 0 N D I S C �, 1A R G: F ROM
IMPRISONMENT OR ON THE ASSESSMENT OF ANY MONETARY OBLIGATION THAT IS IMPOSED,
IHE UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT OR THE UNITED STATES
CUSTOMS AND BORDER PROTECTION SHALI BE IMMEDIATELY' NOTIFIED.
r
D. NOTWITHSTANDING ANY OTHER L A W', A LAW ENI-ORCFMENT AGENCY MAY
SECURELY TRANSPORT AN ALIEN WHO THE AGENCY HAS RECEIVED VERIFICATION IS
p
S
UNLAWFU NT LLY PRESE IN THE UNITED STATES AND WHO IS IN THE AGL 4C y, CUSTODY 'TO
A FEDERAL FACILITY IN THIS STATE OR TO ANY OTHER POINT OF 'TRANSFER INTO
FEDERAL CUSTODY THAT IS OUTSIDE THE JURISDICTION OF THE LAW ENFORCEMENT
AGENCY. A LAW ENFORCEMENT AGENCY SHALL OBTAIN' JUDICIAL AU'THORIZATION BEFORE,
SECURELY TRANSPORTING AN ALIEN WHO IS UNLAWFULLY PRESENT IN THE UNITED STATES
TO A POINT OF TRANSFER THAT IS OUTSIDE OF' THIS STATE.
E. EXCEPT AS PROVIDED IN FEDERAL LAW, OFFICIALS OR AGENCIES OF THIS
STATE AND COUNTIES, CITIES, TO!WNS AND OTHER POLITICAL SUBDIVISIONS OF THIS
ST I' MAY NOT BE PROHIBITED OR IN ANY WAY BE RESTRICTED FROM SENDING,
RECEIVING OR MAINTAI�`41NG INFORMATION RELATING "TO THE IMMIGRATION STATUS,
LAWFUL, OR UNLAWFUL, OF ANY INDIVIDUAL OR EXCHANGING THAT INFORMATION WITH A114Y
OTHER FEDERAL. STATE O:R LOCAL GOVERNMENTAL ENTITY FOR THE FOLLOWING OFFICIAL
PURPOSES
SERV ICE OR LICENSE
1. DETERMINING ELIGIBILITY FOR ANY' PUBLIC BENEFIT,, )
PROVIDED B:Y ANY FEDERAL, STATE, LOCAL OR OTHER POLITICAI- - SUBDIVISION OF THIS
STATE.
2' VERIFYING ANY CLAIM OF RESIDENCE O:R DOMICILE IF DETERMI NATION OF
RESIDENCE OR DOMICILE IS REQUIRED UNDER THE LAW'S OF THIS STATE, OR A JUDICIAL
ORDER ISSUED PURSUANT TO A CIVIL OR CRIMINAL PROCEEDING IN THIS STATE.
3. IF' THE PERSON IS AN ALIEN, DETERMINING Wl iETHER THE PERSON IS IN
COMPLIANCE WITH THE FEDERAL REGISTRATION LAWS PRESCRIBED BY TITLE 11, CHAPTER
7 OF THE FEDERAL IMMIGRATION AND; NATIONALITY ACT,
4 . PURSUANT TO UNITED STATES CODE SECTION 1373 AND 8 UNITED STATES
CODE SECTION 1644,
F . THIS SECTION DOES NOT IMPLEMENT, AUTHORIZE OR ESTABLISH AND Sll-IALL
NOT BE CONSTRUED TO IMPLEMENT, AUTHORIZE OR ESTABLISH THE REAL. ID ACT OF 2005
(P.L. 109-13, DIVISION B; 1,19 II AT. 302), INCLUDING THE USE OF A RADIO
FREQUENCY IDENTIFICATION CHIP.
G. A PERSON WHO IS A LEGAL RESIDENT OF 'THIS STATE MAY BRING AN ACTION
IN SUPERIOR COURT TO CHALLENGE ANY OFFICIAL OR AGENCY OF THIS STATE OR A
COUNTY, CITY, TOWN OR OTHER, POLITICAL, SUBDIVISION OF THIS STATE THAT ADOPTS
OR IMPLEMENTS A POLICY OR PRACTICE THAT LIMITS OR RESTRICTS THE ENFORCEMENT
OF FEDERAL IMMIGRATION LAWS TO LESS THAN THE FULL, EXTENT PERMITTED BY FEDERAL
LAW. IF THERE IS A JUDICIAL FINDING THAT AN ENTITY HAS VIOLATED 'THIS
SECTION, THE COURT SHALL ORDER THAT THE ENTITY PAY A CIVIL, PENALTY OF' NOT
LESS THAN ONE THOUSAND DOI-LARS AND NO MORE THAN FIVE THOUSAND DOLLARS FOR
EACH DAY' THAT THE POLICY HAS REMAINED IN EFFECT AFTER fl] E FILING OF AN ACTION
PURSUANT TO THIS SUBSECTION.
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MIMM=
H A COURT SHALL COLLECT 'THE CIVIL PENALTY PRESCRIBED IN 'SUBSECTION G
OF THIS SECTION AND REMIT SHE CIVIL PENALTY TO THE STATE TREASURER FOR
DEPOSIT IN THE GANG AND IMMIGRATION INTELLIGENCE TEAM ENFORCEMENT' MISSION
FUND ESTABLISHED BY SECTION 41-1,724.
1. THE COURT MAY AWARD COURT C01STS AND REASONABLE ATTORNEY FEE'S TO ANY
PERSON OR ANY OFFICIAI.- OR AGENCY OF THIS STATE OR A COUNTY, CITY, TOWN OR
OTHER POLITICAL SUBDIVISION OF THIS STATE "THAT PREVAILS BY AN ADJUDICATION ON
THE MERITS IN A PROCEEDING BROUGHT PURSUANT TO THIS, SECTION.
J. EXCEPT IN RELATION TO MATTERS IN WHICH 11 'HE OFF I
R
ICE ADJUDGED TO
�-IAVE ACTED IN BAD FAITH, A LAW ENFORCEMENT OFFICER IS INDEMNIFIED BY THE LAW
ENO ORCIE-MENT OFFICER'S AGENCY AGAINST REASONABLE COSTS AND EXPENSES, INCLUDING
ATTORNEY FEES, INCURRED BY 'THE OFFICER IN CIONNECTION WITH ANY ACTION, 'SUIT OR
PROCEEDING BROUGHT PURSUANT TO THIS SECTION IN WHICH THE OFFICER, MAY BE A
DEFENDANT BY REASON OF THE OFFICER BEING OR HAVING BEEN A MEMBER OF THE LAW
ENFORCEMENT AGENCY.
K. THIS SECTION SHALL BE IMPLEMENTED IN A MANNER CONSISTENT WITH
FEDERAL LAWS REG[JLATING IMMIGRAT'ION, PROTECTING THE CIVIL RIGHTS OF ALL
PERSONS AND RESPECTING THE PRIVI�-FGFS AND IMMUNITIES OF UNITED STATE S
CITIZENS.
Sec. 3. Title 13, chapter 15F Arizon,a Revis,ed Statutes, is amended b
addin section 13-1509, to read:
1, 3 0 1) Willful f a i 1 u r t o c Q —1(�Lt- —e r�r
a 1 i e
t h e n t i cl ass f Lt j
al —ed r e c o 1,
A, IN ADDITION TO ANY VIOLATION OF FEDERAL LAW, A PERSON IS GUILTY OF
WILLFUl.. FAILURE TO COMPLETE OR CARRY AN ALIEN REGISTRATION DOCUMENT IF THF
PERSON IS IN VIOLATION OF 8 UNITED STATES CODE SECTION 1304(e) OR 1306(a),
B. IN THE ENFORCEMENT OF THIS SECTION. AD ALIEN'S IMMIGRATION STATUS
MAY BE DETERMINED BY.-
1. A LAW ENFORCEMENT OFFICER W'H 0 IS AUTHORIZED B Y' THE FEDERAL
GOVERNMENT TO VERIFY OR ASCERTAIN AN ALIEN'S IMMIGRATION STATUS.
2. THE UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT OR THE UNITFD
STATES CUSTOMS AND BORDER PROTECTION PURSUANT TO 8 UNITED STATFC-.- CODE SECTION
1,373(c),
C. A, PERSON WHO IS' SENTENCED PURSUANT TO THIS SECTION IS NOT ELIGIBLE
FOR SUSPENSION OF SENTENCE, PROBATION, PARDON, COMMUTATION OF SENTENCE, OR
RELEASE FROM CONFINEMEN'r ON ANY IS EXCEPT AS AUTHORIZED BY SECTION 31,233,
SUBSECTION A OR B UNTIL THE SENTENCE IMPOSED BY THE COURT HAS BEEN SERVED OR
THE PERSON IS ELIGIBLE FOR RELEASE PURSUANT" TO SECTION 41-1604.07.
D N ADDITION TO ANY OTHER PENAI,,,,,'TY PRESCRIBED: BY' LAW, THE COURT SHALL
ORDER THE PERSON TO PAY JAIL COSTS AND AN ADDITIONAL ASS)ESSMENT IN -THE
FOLLOWING AMOUNTS:
1. AT' LEAST FIVE HUNDRED DOLLARS FOR A FIRST VIOLATION.
TWICE THE AMOUNT SPECIFIED IN PARAGRAPH, I OF THIS SUBSECTION IF THE
PERSON WAS PREVIOUSLY SUBJECT TO AN ASSESSMENT PURSUANT 'TO THIS SUBSECTION.
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E A COURT SHALL COLLECT THE ASSESSMENTS PRESCRIBED IN SUBSECTI ' ON D OF
THIS SECTION AND REMIT THE ASSESSMENTS TO THE DEPARTMENT OF PUBLIC SAFETY,
WHICH 'S�,-IALL ESSTABLISH A SPECIAL, SUBACCOUNT FOR THE MONIES IN THE ACCOUNT
ESTABLISHED FOR THE GANG AND IMMIGRATION INTELLIGENCE TEAM ENFORCEMENT
MISSION APPROPRIATION. MONIES" IN THE SPECIAL SUBACCOUNT ARE SUBJECT TO
LEGISLATIVE A P P R, 0, PR I A I ON FO R DISTRIBUTION FOR GANG AND I M M IG RAT 10 N
ENFORCEMENT AND FOR COUNTY JAIL REIMBURSEMENT C01STS RELATING TO ILLEGAL
IMMIGRATION.
I ON
F. THIS SECTION DOES NOT' APPLY TO A PERSON WHO MAIN-FAINS AUTHORIZAI
FROM THE FEDERAL GOVERNMENT TO REMAIN IN THE UNITED STATES.
G ANY RECORD THAT RELATES TO THE IMMIGRATION STATUS OF A PERSON IS
ADMISSIBLE IN ANY COURT WITHOUT FURTHER FOUNDATION OR TESTIMONY FROM A
CUSTODIAN OF RECORDS IF THE RECORD IS CERTIFIED AS AUTHENTIC BY THE
GOVERNMENT AGENCY THAT IS, RESPONSIBLE OR MAINTAINING THE RECORD.
H . A VIOLATION OF THIS SECTION IS A, CLASS 1, MISDEMEANOR, EXCEPT THAT A
VIOLATION OF THIS SECTION IS:
1. A CLASS 3" FELONY IF THE PERSON 'VIOLATES THIS SECTION: WHILE IN
POSSESSION OIF ANY OF THE FOLLOWING:
(a) A DANGEROUS DRIJG AS DEFINED IN 'SECTION 13--3401.
(b) PRECURSOR CHEMICALS THAT ARE USED IN T H E M A N U F A C T U R I N G 0 F
METHAMPHFTAMINE IN VIOLATION OF SECTION 13-3404.01.
(c) A DEADLY WEAPON OR A DANGEROUS INSTRUMENT, AS DEFINED IN SECTION
13-
10:5.
(d) PROPERTY THAI' IS USED FOR THE PURPOSE OF COMMITTING AN ACT OF
TERRORISM AS PRESCRIBED IN SECTION 13-2308-01.
2 A CLASS 4 FELONY IF THE PERSON EITHER:
( a, IS CONVICTED OIF A SECOND OR SUBSEOUIENT VIOLATION OF THIS SECTION.
(b) WITHIN SIXTY MONTHS" BEFORE THE VIOLATION, HAS BEEN REMOVED FROM
THE UNITED STATES PURSUANT TO 8 UNITED STATES CODE SECTION 1229a OR HAS
ACCEPTED A VOLUNTARY �REMOV'AL FROM THE UNITED STATES PURSUANT' TO 8 UNITED
STA'TEES CODE SECTION 1229c.
Sec. 4. Section 13-2319, Arizona Revised Statutes, is amended to read:
,3'19. Smuqqji d Pe t.Lrij t i Q
A . It is unl a,wf ul for a person to intentionall en in the
smu olf human bein for profit or commercial purpose.,
B. A violation of this section is a class 4 felon
C . Notwithstandin subsectio of this, section, iolation of this
s of i on -.
1. Is, a class 2 felon if t in who is smu is unider,
ei y ears of a and is not acc ied b a famil member over ei
y ears of age or the offense involved th,e use of a deadl weapon or dan
i s of
2'. Is a class 3 felon if the offers e involves the use or threatened
use of deadl:y ph force and the person is not eli for suspension of
sentence, pro tio on or release from confinement o of er basis
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RRINNIMI
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E F 0 R' T H E P U R P 0 S E S OF' TH I S S E C `1' 10 N
I "'SOLICIT" MEANS VERBAL OR NONVERBAL COMMUNICATION BY A GESITURE OR A
NOD 'THAT WOULD INDICATE, TO A REASONABLE PERSON THAI - A PENSION IS WILLING TO: BE
EMPLOYED.
2. "UNAUTHORIZED ALIEN' MEANS AN ALIEN WHO DOES NOT HAVE THE LEGAL
RIGHT OR AUTHORIZATION UNDER FEDERAL LAW TO 'WORK IN THE UNITED STATES AS
STATES CODE SECTION 1324a(h)(3).
DESCRIBED IN 8 UNITED �
Unlawful trans D !paj in
L mp o i o n
t classifi. ,a
A I U NI: LA W F U L F 0 R A PERSON WHO IS IN VIOLATION OF A CRIMINAL
OFFENSE TO:
-IEN IN THI,,"
TRANSPORT OR 14OVE OAR ATTEMPT TO 'TRANSPORT OR MOVE AN Al
STATE, IN FURTHERANCE OF' TH!E ILLEGAL PRESENCE OF I'HE ALIEN IN THF UNITED
STATES, IN A MEANS OF TRANSPORTATION IF' THE PERSON KN01WS OR RECKLESSLY
DISREGARDS THE FACT 'THAT 'THE ALIEN HAS COM:E 'TO, HAS ENTERED OR REMAINS IN THE,
UNITED ',-T I A-TES IN VIOLATION OF LAW.
J -
,2 . CONCEAL, HARBOR OR SHIELD OR ATTEMPT TO CONCEAL, HARBOR OR SHIELD
AN ALIEN FROM DETECTION IN ANY PLACE IN THIS STATE, INCLUDING ANY BUILDING OR
A �ISREGARDS THE
ANIY MENS OF TRANSPORTATION, IF THE PERSON KNOWS OR, RECKLESSLY D
FACT THAT THE ALIEN HAS COME TO, HAS ENTERED: OR REMAINS IN THE UNITED STATES
IN VIOLATION OF LAW.
3. ENCOURAGE OR INDUCE AN ALIEN "TO C01ME TO OR RESIDE IN ri+is STATE IF
THE PERSON KNOWS OR RECKLESSLY DISREGARDS THE FACT THAT SUCH COMING TO,
ENTERING OR RESIDING IN THIS STATE IS OR WILL BE IN VIOLATION O!F LAW.
B A MEANS OF TRANSPORTATION THAT IS USED IN 'THE, COMMISSION OF 'A
VIOLATION OF' THIS SECTION IS SUBJECT TO MANDATORY VEHICLE IMMOBILIZATION OR
IMPOUNDMENT PURSUANT TO SECTION 28-3511.
C, 'THIS SECTION DOES NOT APPLY 'TO A CHILD PROTECTIVE SERVICES, WORKER
ACTING IN THE WORKER'S OFFICIAL CAPACITY O;R A, PERSON WHO IS ACTING IN THE
CAPACITY OF A FIRST RESPONDER, AN AMBULANCE ATTENDANT OR AN EMERGENCY MEDICAL
TECHNICIAN AND WHO IS TRANSPORTING OR MOVING AN ALIEN IN THIS S-TATE PURSUANT
TD TITLE 36, CHAPTER 21.1,
D. A PERSON WHO VIOLATES 'TH I S S E C -r I D N IS GUI I I TY OF A C LA S S I
MISDEMEANOR AND IS SUBJECT TO A FINEF OF AT LEAST ONE THOUSAND DOLLARS C EPT
THAT A V 10 LAT I ON OF TH I S SECT ION "THAI" INVOLVE S T EN OR MORE I LLEGAL. AL I ENS ICI
A CLASS 6 FELONY AND THE PER-SON IS SUBJECT TO A FINE OF AT LEAST ONE THOUSAND
DOLLARS FOR EACH ALIEN WHO IS INVOLVED.
Sec. 6. Section 13-3883, Arizona Revised S:tatutes, is amended to read:
1, -4,88 3 . Ar c , t
r officer wi h )ut warrant
A,. A peace officer mra�
,t, rant, MAY arrest a person if 4-e�
THE OFFICER has probable o to believ,e:
1. A felon has been committed and pros use to believe the
person to b:e arrest s committed the feloiny.
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j
1-0 COMMIT THE VIO�._ATJON BEFORE [J il
THE EMPLOYER� WAS NOT PRVDI
AW ENFORCEMENT OFF 1(1FRS OR 111EIR AGENTS; URGED AND IND1,,)CED THE EMP[ OYER -H-1
COMM I I THI E V f, 0 LATI ON,
L AN EMPLOYER DOES NOT EST'ABLIS11 ENTRAPKNT IF 1-11E EMPLOYER WAS
PREDISPOSED TO VIO[ATE 'S',UBSECIFION A OF THIS SECTION AND THE L.AW ENFORCEMENT
11 Aff` EM�,"LOYER WITil AN OPPOR'TUNITY 'TO
OFF,ICERS OR, 1HEIR AGFNT'S tIERELY PROVIDED I
COMMIT THE VIOLATION, If IS NOT ENTRAFIMENT FOR LAW ENFORCEMENT OFFICERS OR
THEIR AGENTS MERE0" TO USE A RUSE OR TO CONCEA1 T'HEIR IDENTITY, lHE CONDt,,J(,T'
Or LAW ENFORCEMENT OFFICERS AND THEIR AGENTS MAY BF CONSIDERED IN DETFRMINING
IF AN EMPLOYFAR, HAS PROVEN ENTRAPMENT.
Sec. 8. Section 23-212.01, Arizona Revised Statutes, is amended to
read
-n —L
Intent i onaLt t -,Ln Li n a u t a
h o r e,
—an r
Y-j- 0,ial _iq r
Isificatif-
,rlle v,o c f f " rj p , i y e defense
A. An o
shall not intentionally emplo an unauthorized alien.,
If, in the case when an employer uses a contract, s,ubcontract or other
independe,nt contractor a to obta,in, the laboir of an alien in this
state, the emplo intentionally contracts with an unauthorized alien or
w , ith a person who emplo or contracts with an unauthorized alien to perfoirm
the labor, the employer violates this subsection.
B. The attorney g eneral shall prescribe a complaint form for a person
to alle a violation of subsection A of this section. The complainanit shall
not be re to list the complainant 11 s social securit number on the
comiplaint form or to have the complaint form notarized. On recei pt of a
complaint on a prescribled complaint form that an emplo alle
intentionally emplo an unauthorized alien,, the attorne g eneral or count
attorne shall investi whether the emplo has violated subsection A, of
this section. If a complaint is received but is not submitted on a
prescribed complaint form, the attorne g eneral or county attorne ma
investigate whether the emplo has violated subsection A of this section.
This subsection shall not be construed to prohibit the filin of anon
complaints that are not submitted on a prescribed complaint for The
attorney g eneral or count attorney shall not investigate complaints that are
based solel on race, color or national oiri A complaint that is
submitted to a county attorney shall be sob fitted to the count a,ttorney in
the count in which the alleged unauithorized alien is or was emplo b the
emplo The count sheriff or an other loical law enforcement a ma
assist in investigatin;g a complaint. When investi a complaint, the
attorne g eneral or county attorne shall verif the work authorizatio:n of
the alleged unauthorized alien ith the federal g ov,ernment pursuant to
8 United States Code section 1373(c). A state, count, or local official
shall not attemp:t to independently make a final determination on whether, an
alien is authorized to work in the United States. An alien's immi
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: July 12, 2010
REGULAR
ITEM: 10
DEPARTMENT: County Manager PRESENTER(S): County Staff
CONTACT(S): Chris Coudriet, Assistant County Manager
SUBJECT:
New Hanover County and R3 Environmental Term Sheet Agreement Presentation
BRIEF SUMMARY:
Consistent with prior direction, the county negotiation team will present the negotiated term sheet between
the County and R3 Environmental that sets forth the key principles and details of a service agreement for the
county's solid waste enterprise.
Following the term sheet discussion, County staff will present a solid waste management plan.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Direction on proceeding with a final contract with R3 Environmental.
ATTACHMENTS:
Executive Summary
Term Sheet
Term Sheet Addendum
Staff Presentation
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Hear presentation and direct staff.
COMMISSIONERS' ACTIONS:
Directed staff to proceed with a final contract with R3 Environmental with addendum by a vote
of 4 -1, Commissioner Greer opposing.
Board of Commissioners Meeting
07/12/2010
10 -0
N6A1A
NEW HANOVER COUNTY
OFFICE OF THE COUNTY MANAGER
230 GOVERNMENT CENTER DR STE 195
WILMINGTON, NORTH CAROLINA 28403 -1732
TELEPHONE (910) 798 -7184
FAX (910) 798 -7277
MEMORANDUM
TO: Board of County Commissioners
FROM: Bruce Shell, County Manager
DATE: July 8, 2010
BRUCE T. SHELL, CPA
County Manager
ANDRE' R. MALLETTE
Assistant County Manager
CHRIS COUDRIET
Assistant County Manager
SUBJECT: New Hanover County /R3 Environmental Negotiated Term Sheet
This memorandum is intended to serve as an executive summary of the key
business and policy elements of the term sheet as negotiated by the County's
team and R3 Environmental (R3) representatives. As presented, the term
sheet meets the policy expectations of the Board of Commissioners and retains
the community outcomes proposed by R3 during the solicitation and review
period.
The following policy positions are encompassed in the term sheet:
General Provisions:
1. The County will convert the R3 bid bond amount of $384,000 to
performance security for the 90 -day transition period that begins after
contract execution.
2. By the commencement date, R3 must provide a $5 million letter of credit,
which remains available to serve as liquidated damages in the event of
default for the life of the agreement.
3. The term is for 15 years with no escalation in the service fee(s).
• $32.56 per ton for every ton over 200,001, with step down
intervals over 300,000 tons.
• The agreement can be extended at the County's option for an
additional 5 years; however, at extension the service fee would
increase.
4. R3 will reimburse the County for Cell 6D construction costs at the value
of $1.5 million, with $500,000 due by the commencement date and the
balance paid over 2 years with interest.
5. The R3 facility cannot accept out -of- county waste without the expressed
approval of the County.
6. R3 must construct a new construction and demolition facility within 34
months of commencement; failure to construct is an event of default.
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July 8, 2010
Page Two
Transition Provisions:
7. R3 must, at its expense, secure permit modifications from the state to
allow R3 operational responsibility for the environmental management
system and complex.
8. R3 must offer employment to all County personnel subject to hiring
standards at wages no less than pre - furlough pay rates, and guarantee
employment for 12 months.
9. R3 must purchase equipment /rolling stock it needs from the County at
fair market value.
10. R3 will initiate and conclude a study that determines, among other
things, the operational feasibility of WASTEC for its business purposes,
and will report its plans for WASTEC to the County at the conclusion of
that business analysis.
• If WASTEC is part of the business plan going forward, R3 is solely
responsible for making the improvements to the facility.
• If WASTEC is deemed not feasible, the County reserves the right
for the disposition plan — demolition or mothballing.
i. Should the County select demolition, R3 must pay the
County $1 million over 12 months, and R3 must incur the
obligation for demolition, but retains the value of reusable
materials.
ii. Should the County select mothballing, the County incurs
the full expense for mothballing.
Performance Provisions:
11. Receiving hours for the R3 facility are 6 a.m. to 10 p.m. Monday through
Saturday, with some limited day closure for select holidays.
12. The County guarantees 150,000 tons per year in acceptable waste.
• The County can meet its guarantee through a service fee of $44
per ton for 150,000 tons, or it can elect to attract out -of- county
waste to avoid the elevated service fee.
13. R3 must demonstrate no later than the 27 month that its Smart MRF
can divert from the landfill 80 percent of acceptable waste for 90 days.
• Failure to perform this provision triggers a performance damage of
$300
14. After Smart MRF acceptance, R3 must divert annually 80 percent of all
acceptable waste from the landfill.
• Failure to divert between 70 and 80 percent, R3 would pay a
performance damage of $24 per ton.
• Failure to divert 70 percent triggers an event of default.
15. R3 must begin landfill mining by the 48 month after the commencement
date.
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July s, 2010
Page Three
16. If R3 is not able to secure a landfill mining permit after good faith effort
within 36 months, R3 will begin construction of a methane gas recovery
system, and the County will share in at least 20 percent of gross revenue
earned through the recovery system.
• R3 is obligated to continue with good faith effort to work toward
securing a landfill mining permit, and position itself to initiate
mining should the state eventually award a permit.
• Failure to obtain a permit and begin landfill mining as a result of
R3's failure, and not as a result of something outside its control, is
an event of default.
17. After landfill mining commences, R3 must mine 35,625 tons per quarter
for annual mined tonnage of 142,500.
• Failure to mine 142,500 tons per year triggers a $24 per ton
performance damage.
• Failure to mine 100,000 tons is an event of default.
The County negotiation team will present the complete term sheet to the Board
at its meeting Monday, July 12, and I have directed the full team be available
and prepared to answer technical, legal, and policy questions of the Board.
If you have any questions prior to the Board meeting, please do not hesitate to
ask me or any member of the negotiation team.
Board of Commissioners Meeting
07/12/2010
10 -1 -3
HDW Draft of 7/8/10
TERM SHEET
FOR AGREEMENT TO
PROVIDE MUNICIPAL SOLID WASTE PROCESSING
AND MANAGEMENT SERVICES
between
NEW HANOVER COUNTY, NORTH CAROLINA
AND
R3 ENVIRONMENTAL
778365.3 034093 CTR
Board of Commissioners Meeting
07/12/2010
10-2-1
TERM SHEET
FOR
AGREEMENT TO PROVIDE MUNICIPAL SOLID
WASTE PROCESSING AND MANAGEMENT SERVICES
Appendix A to this Term Sheet contains definitions of certain terms used but not defined herein.
I. GENERAL
e Service Recipient: New Hanover County, N.C. ( "County ")
e Service Provider: R3 Environmental, LLC ( "Company ")
e Scope of Services: As set forth in III below
Security for Performance: The County shall hold the amount of $384,000 which was
previously submitted to the County by the Company as required
Proposal Security, as security for the Company's obligations during
the Transition Period (the "Transition Period Security "). The
County will return the Company's Transition Period Security to the
Company within 3 days of its receipt of the Company's Operating
Period Security described below.
By the Scheduled Commencement Date, the Company shall
provide to County the Operating Period Security in one of the
following forms, to be elected by the County in its sole discretion:
(a) as beneficiary, a Letter of Credit from a Qualified Commercial
Bank in the amount of $5,000,000, (b) the Company shall deposit
$5,000,000 in an escrow fund, to be managed by an escrow agent to
be selected by the County pursuant to an escrow agreement or (c) a
combination of Letter of Credit and escrow fund which in the
aggregate total $5,000,000
Security in this amount, unless it is reduced at the County's
discretion, to remain in place, and replenished to the face amount of
the Letter of Credit or full amount of the escrow requirement, as
applicable, within 30 days by the Company, during term of the
Contract.
• Term: 15 years from the Scheduled Commencement Date, with no
increase in the fee structure set forth herein over that period.
Renewable by the County for 5 year extension upon the same terms
and conditions, provided, however, that the per Ton Processing
Charge amounts set forth in Section VII herein, shall be escalated
from the Contract Date to the first day of the extension in
accordance with CPI and shall be escalated by such index for each
year thereafter.
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• Payment for Cell 6 -D The Company shall pay the County $1.5 million for the
Development: development of Cell 6 -D, $500,000 payable by the Scheduled
Commencement Date, the balance due per the terms of the payment
schedule attached as Appendix D hereto. In the event of a
termination of this Agreement due to an Event of Default of the
Company, the $1,000,000 balance, or any portion thereof not
previously paid, shall be considered as an obligation previously
incurred by the Company and shall be payable to the County in
addition to the liquidated damage payment described in Section
Xv.
II. TRANSITION PERIOD (time
period after Contract Date and
prior to Commencement Date)
• Company Responsibilities: Provide the County with the Operating Period Security as described
in Section I above.
Pay the County the $500,000 payment for the development of Cell
6 -D as described in Section I above.
Offer employment to all County Environmental Management
employees (other than those identified by the County) subject to
meeting drug, security and driving standards, at wages that are no
lower than County pre- furlough pay rates, with no right to
terminate such employees for 12 months without just cause (to be
overseen by a committee made up of Company and County
representatives) and transfer employees to Company payroll.
Modification of existing permits, to the extent necessary to operate
the Solid Waste System as of the Commencement Date.
Submission of Required Insurance to County.
Transfer of utility accounts to Company name (water, wastewater,
electricity, gas and telephone).
At Company's discretion upon review of maintenance and other
relevant records, purchase of equipment /rolling stock needed by the
Company from County at fair market value to be determined by
third -party appraiser if necessary.
Commencement of all 90 -Day Diligence Review Period
Responsibilities.
Implementation of Cape Fear Community College customized
training program.
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Supplying of key Company personnel contact information.
Transition of all Management responsibilities.
Prepare and deliver to the County a detailed health and safety plan.
Conduct initial meetings with NCDENR Division of Waste
Management in preparation for landfill mining application for
permit or modification to permitted landfill operations plan.
• County Responsibilities: Provide Company access to employees, equipment and facilities, as
reasonably necessary.
Cooperate in modification of permits (i.e. sign and submit
application), if necessary, and transfer of utility accounts.
Submission of key County personnel contact information.
Cooperate in transition of management responsibilities.
County responsible for O &M of all equipment and facilities until
Commencement Date.
•Commencement of 90 -Day Establish baseline of all carbon footprints associated with the
Company Diligence Review RDOs, C &D pad, County Landfill and WASTEC
Period Responsibilities (as
described more fully in Review all environmental compliance areas of the system
Appendix C):
Review RDO sites and materials handling
Review WASTEC operations, costs, capital upgrades and ongoing
maintenance needs (if decide to close WASTEC, offer employment
to County employees upon same terms and conditions as other
County Environmental Management employees.)
• Completion of Transition Period, The Company shall complete the Transition Period responsibilities
and Commencement Date: and commence operation of the County's Solid Waste System
within 90 days of the effective date of the Contract (the "Scheduled
Commencement Date ").
Failure of the Company to complete its Transition Period
responsibilities and to begin operation of the County's Solid Waste
System by the Scheduled Commencement Date shall result in the
Company paying the County delay damages in the amount of
$24.00 per Ton of Acceptable Waste received at the Solid Waste
System each day of such delay. The County may invoice the
Company for such damages on a weekly basis, and in any event,
will be due and payable by the Company within three days of
receipt of the invoice.
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Right to Terminate: Failure of the Company to pay the County such damages by the end
of the third day following the receipt of an invoice shall constitute
an Event of Default upon which the County may terminate the
Agreement without further cure opportunity.
Failure of the Company to complete its Transition Period
responsibilities within 30 days of the Scheduled Commencement
Date and to begin operation of the County's Solid Waste System
shall constitute an Event of Default and the County may terminate
the Agreement, unless due to County fault, Act of God or delay
from permitting agency in obtaining necessary modifications to
permits for existing facilities which delay is in no way caused by
the Company.
Upon a termination of the Agreement for the reasons set forth
above, the Company will forfeit its Transition Period Security.
e Compensation: The Company shall not be paid during the Transition Period.
III. COMPANY
PERFORMANCE
REQUIREMENTS
e Scope of Services (as more fully Accept and process or dispose of all Acceptable Waste generated in
described in Appendix C): New Hanover County and delivered to the County's Solid Waste
System, in accordance with Contract Standards. The Company
shall not accept waste from outside the boundaries of the County
without the written consent of the County, which consent may be
withheld in the County's sole discretion, and appropriate permit
modifications.
WASTEC
- upgrades /operate and maintain — operation and maintenance
- residue disposal
- decommission (mothball or demolish)
Landfill
- operate Cell 6 -D and vertical expansion permitted as of the
Contract Date, including as needed after Smart MRF is completed
RDOS Locations
- staffing
- rewards campaign
- education program
Smart MRF
- design, permit, finance, construct, equipment procurement,
operation and maintenance
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Operate existing C &D recycling pad
Construct new C &D processing /recovery system
Decommission RDOS Locations
Landfill Mining — 142,500 Tons per year, per terms addressed in
Section IV herein, assuming necessary permit is obtained. If not,
then methane gas recovery from landfill.
Ethanol or Other Facility - if WASTEC not utilized, Company to
permit, design, construct, operate and maintain ethanol, power
generation or biodiesel or other facility to utilize RDF, or market
RDF to third -party end user
Process Water /Leachate Treatment — operate and maintain on site
Limitation on areas available for Company to fulfill responsibilities
as agreed to by the parties during negotiation. The Company shall
have the exclusive right to utilize the area where Smart NW to be
constructed. The County shall have the sole right to utilize all other
areas owned by the County.
Company not responsible for O &M of scalehouses and receipt of
tip fees (will remain County responsibility).
IV. SCHEDULE FOR
PERFORMANCE FOR EACH
ELEMENT OF CONTRACT
SERVICES AND
CONSEQUENCES OF DELAY
Commencement Date: Failure of the Company to complete its Transition Period
responsibilities and to commence operation of the County's Solid
Waste System by the Scheduled Commencement Date shall result
in the Company paying the County delay damages in the amount of
$24.00 per Ton of Acceptable Waste received at the Solid Waste
System each day of such delay as set forth in Section II above.
Smart MRF: Failure to achieve 80% diversion of Municipal Solid Waste and
recyclables delivered or available for delivery to the Smart MRF as
measured over a 90 day period which shall be no later than the 24 th-
-27 th months following the Commencement Date, shall result in a
payment of $300,000 by the Company.
If 80% diversion over a 90 -day period is not achieved by the end of
the 27 month following the Commencement Date, then Company
shall be responsible for payment of Smart MRF Delay Damages
equal to $24.00 per Ton of Municipal Solid or recyclables which
should have been diverted to reach that diversion rate, on a monthly
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basis, until that diversion rate is achieved. The Company will be
given a $300,000 credit toward any such penalties, provided,
however, in no event will the $300,000 or any uncredited balance
thereof be returned to the Company.
The 90 -day demonstration period shall not commence prior to the
Smart MRF Commencement Date (as such term is defined in
Appendix A). The date upon which the Company satisfies its 90-
day requirement (at 80 percent diversion) shall constitute the Smart
MRF Acceptance Date.
Landfill Mining: The Company will commence mining at the levels set forth in
Section V herein within one year after the Smart MRF Acceptance
Date, or by the 48 month after the Commencement Date,
whichever occurs first. Failure to do so will constitute an Event of
Default for which the County may terminate the Agreement without
opportunity to cure except if such failure is due to the Company's
failure to receive necessary permits for such mining and such
failure is no way caused by the Company. The Company may
commence mining at lower levels at any time, once the necessary
permit is obtained.
If the Company fails to obtain the landfill mining permit by the 36
month anniversary of the Commencement Date, and such failure is
in no way caused by Company, the Company shall, at its sole cost,
commence construction of a methane gas collection /recovery
system as an alternative venture for the start of landfill mining as
described above, which shall be operational by the same deadline.
The Company shall share in the gross revenues generated by the
landfill gas recovery system as described in Section XXIV.
Notwithstanding the Company's inability to obtain required mining
permits and its resulting investment in the landfill gas collection
system, the Company shall be obligated to annually, or upon a
change in the regulatory environment which would indicate that a
mining permit is possible, inquire of NCDENR regarding the
possibility to obtain a landfill mining permit, and if it is reasonably
likely that such permit may be obtained shall take all actions
necessary to obtain a landfill mining permit. If successful in
obtaining a permit, the Company shall perform the mining
requirements described in Section V in a manner that will not
impair the ability of the Company to recoup its investment in the
landfill gas collection system with a reasonable return on
investment..
Upgrade to WASTEC: In the event that the Company elects to upgrade WASTEC, such
upgrade shall be completed within 24 months from the
Commencement Date.
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Demolition of WASTEC: In the event the Company elects not to utilize WASTEC and the
County elects to have WASTEC demolished by the Company, the
Company shall complete demolition within 12 months from the
County's notification.
New C& D Facility: To achieve the C &D Facility Commercial Operations Date (as
defined in Appendix A) within 22 months following the
Commencement Date. Failure to achieve the Commercial
Operations Date of the new C &D Facility within 34 months of the
Commencement Date shall constitute an Event of Default for which
the County may terminate without a cure opportunity.
V. COMPANY PERFORMANCE
GUARANTEES/DAMAGES
Receiving Guarantee: The Company shall receive and process /dispose of all Acceptable
Waste delivered to the County scalehouse. Failure of the Company
to receive and process or dispose of all such waste (including such
waste not accepted at the scalehouse due to the inability of the
Company to receive and process /dispose of the waste) shall require
the Company to pay the County any lost revenues resulting from
the inability of the County to accept such waste, as well as, any
incremental additional cost incurred by the County resulting from
the Company's failure.
Landfill Diversion Guarantee: Following the Smart MRF Acceptance Date, landfill diversion will
be measured by the percentage of Acceptable Waste that is diverted
from the landfill, on a quarterly basis. At that point going forward
throughout the term of the Contract, failure to divert at least 80% of
Acceptable Waste from the landfill, on a quarterly basis, will result
in a payment obligation of $24 per ton of waste which should have
been diverted to reach that target which shall be paid within 3 0 days
of invoice issued at the end of each quarter or if not paid, which the
County will offset against subsequent Service Fee payments,
provided that, if not paid within 30 days and such amount exceeds
the next Service Fee installment, the County may draw upon the
Letter of Credit. The Company shall be given a proportional credit
against any such damages if the diversion rate for a quarter exceeds
80% or shall be reimbursed to the extent landfill diversion damages
had been previously paid during such year. Any resulting payment
obligations or credits will be reconciled at year -end, with any
resulting payments due at that time. Any positive credit for the
year will not carry over into the next year. If the parties agree to an
alternative structure that would firmly secure (e.g., priority,
bankruptcy proof, etc.) the Company's damage payment
obligations, damages will be paid annually rather than quarterly.
To the extent mined material which will be processed by the Smart
MRF or C &D Facility is not able to be segregated, weighed and
processed separately from newly arriving Acceptable Waste, the
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diversion guarantee will be adjusted to reflect a weighted average
diversion guarantee (determined in accordance with Appendix C)
and the diversion guarantee will apply to all newly arriving
Acceptable Waste and mined material processed by the Smart MRF
and C &D Facility.
In calculating the landfill Diversion rate, tonnage of residue
produced by the Company's operations shall be included.
Following the Smart MRF Acceptance Date, failure of the
Company to achieve an annual landfill diversion rate less than 70%
of tons of Acceptable Waste received at the Sold Waste System
shall constitute an Event of Default for which the County may
terminate the Agreement without further opportunities.
• In -Place Density Guarantee: The Company shall achieve an annual average in -place density of
landfilled waste at least equal to 1,250 lbs /yd' In the event of a
shortfall, the Company shall pay the County an amount equal to the
product of (i) $24.00, times (ii) the number of tons of waste
landfilled during such year, times (iii) (a) the amount of the
shortfall divided by (b) 1,250.
Applicable Law: The Company shall comply with all requirements of Applicable
Law including all permit conditions and shall pay all fines and costs
associated with the Company's failure to comply with Applicable
Law, and shall make all operational and capital modifications
necessary to achieve compliance.
No Nuisance: The Company shall not create an odor, noise, vector, litter or any
other nuisance condition. Upon any failure of the Company to
comply with this requirement, the Company shall make all
operational and capital modifications necessary to achieve
compliance.
Reclaimed Air Space Associated Failure of the Company to mine 35,625 tons (including soil) from
with Landfill Mining: the County landfill, on a quarterly basis, will result in a payment
obligation of $24 per ton for each ton below that figure which shall
be paid within 30 days of invoice issued at the end of each quarter,
or if not paid, which the County may offset against subsequent
Service Fee payments, provided, that if such amount is not paid
within 30 days and such amount exceeds the next Service Fee
installment, the County may draw upon the Letter of Credit. The
Company will receive a credit against any such penalties for each
ton that it mines over 35,625 tons in a quarter or shall be
reimbursed to the extent landfill mining non - performance damages
had been paid during such year. Any resulting payment obligations
or credits will be reconciled at year -end, with any resulting
payments from the Company due at that time. Any positive credit
achieved by the Company for the year will not carry over into the
next year. If the parties agree to an alternative structure that would
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firmly secure (e.g., priority, bankruptcy proof, etc.) the Company's
damage payment obligations, damages will be paid annually rather
than quarterly.
Failure to mine a minimum of 100,000 Tons in any year shall
constitute an Event of Default.
The Company will not charge the County any fees for waste mined
from the landfill.
• Right of Set -Off: The County shall have the right to set -off any performance damages
owed to the County from future Service Fees payable by the
County.
VI. COUNTY DELIVERY The County will deliver or cause to be delivered at least 150,000
COMMITMENT Tons of Acceptable Waste per year. Notwithstanding the
foregoing, in the event the County delivers less than 150,000 Tons
of Acceptable Waste in a year, the Company expressly
acknowledges that the Company shall have no rights or remedies
against the County.
The County makes no guarantees or commitments with respect to
the nature or characteristics of the Acceptable Waste which will be
delivered to the Solid Waste System.
The County will direct haulers with whom it has franchise
agreements, to continue to deliver all Acceptable Waste (except
source separated recyclable materials) they collect and transport in
the County to the County's Solid Waste System.
The parties to establish a protocol for periodic, collective review of
waste flow data, and for investigations where necessary if there is
any suspicion of violations of franchise requirements by any hauler.
Primary responsibility for investigations shall rest with the
Company and the County shall provide reasonable assistance.
VII. COUNTY PAYMENT
OBLIGATIONS
• Payments: The County shall pay the Company a monthly Service Fee in
accordance with the following formula:
Processing Charge for each ton of Acceptable Waste
accepted and processed or disposed of by the Company
during the previous month
1 /12 of the cost of additional security above $1,500,000
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requested by the County ( "Cost of Security ").
Each component is addressed below:
Processing Charge
The Processing Charge will be dependent upon the total Tons
delivered to the Solid Waste System on an annual basis, and paid
pursuant to the following table.
Processing Revenue at
Charge Annual tons $6.6M
$44.00
150,000
$6,600,000
$41.25
160,000
$6,600,000
$38.82
170,000
$6,600,000
$36.67
180,000
$6,600,000
$ 34.74
190,000
$6,600
$33.00
200,000
$6,600,000
$32.56 Service Fee
$32.56
210,000
$6,837,600
$32.56
220,000
$7,163,200
$32.56
230,000
$7,488,800
$32.56
240,000
$7,814,400
$32.56
250,000
$8,140,000
$32.56
260,000
$8,465,600
$32.56
270,000
$8,791,200
$32.56
280,000
$9,116,800
$32.56
290,000
$9,442,400
$32.56
300,000
$9,768,000
Reduced Service Fee
$32.12
310,000
$9,957,200
$30.38
320,000
$9,721,600
$28.45
330,000
$9,388,500
$28.00
340,000
$9,520,000
$27.50
350,000
$9,625,000
Cost of Security
The Cost of Additional Security shall be actual net cost to the
Company to supply the additional $3.5 million of security (after
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deducting, the interest earned on the funds held to secure such
additional security), subject to a maximum of 8% in any year plus
bank origination and annual fees related to the Additional Security.
Fees or penalties associated with draws upon the security shall not
be passed through to the County.
In the event the County elects to reduce the amount of required
Security for Performance, the Cost of Security will proportionally
be reduced.
This is the only compensation the County is obligated to pay the
Company. This payment obligation is subject to change only if the
County exercises its option to participate in profit- sharing per
Section XXIV herein.
This fee structure applies to all in -County waste. This fee structure
shall also apply to out -of -County waste caused to be delivered by
the County provided that such out -of -County waste (i) is
predominantly Municipal Solid Waste and (ii) when added to the
in -County waste delivered to the Solid Waste System, does not
cause such aggregate quantity to exceed 250,000 Tons in a year.
The Company will be responsible for paying any taxes imposed on
the landfilling of Acceptable Waste and any reimbursement from
such collected taxes from the State shall be paid to the County on a
quarterly basis.
• Monthly Invoices The Company shall invoice the County for Service Fees on a
and Reconciliation: monthly basis, on or after the first day of the succeeding month.
The County's payments shall be due and payable within thirty (30)
days of receipt of the invoice.
The County shall pay a "Base Processing Charge" each month of
$550,000, regardless of the amount of tons of Acceptable Waste
delivered.
In addition, the County will pay $32.56 per ton for any tonnage
exceeding 16,892 tons in a month (the "Overage "). For any month
that the tonnage delivered is less than 16,892 tons, the County will
receive a reduction in the Base Processing Charge to the extent of
any amounts previously paid for any Overage in such year or will
receive, a credit that will carry over to the next billing cycle against
any future Overage.
• Year -end Reconciliation: Within 30 days after the end of each Year, the County will provide
the Company with a statement reflecting the total tonnage of
Acceptable Waste delivered to the facilities. Within 60 days after
the end of each Year, the Company will provide the County with a
statement reflecting the total Processing Charges and Costs of
Security paid by the County to the Company for that Year. To the
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extent the Processing Charge paid by the County during such Year
exceeds the amount owed by the County during such Year based
upon the Tonnage of Acceptable Waste received at the Solid Waste
System during the Year and the corresponding per Ton Processing
Charge set forth in the Table above; the excess amount of
Processing Charge paid by the County for that Year shall be or shall
be paid to the County within 30 days of invoice or, if not paid, shall
be carried over as a credit to the County for the subsequent Year.
Such credit shall be applied in the form of a per ton credit to the
County. To the extent the Processing Charge paid by the County
during such Year is less than the amount of the Processing Charge
owed by the County for that Year, such shortfall shall be paid by
the County during the next billing period.
VIII. PERMITTING Company is responsible for obtaining, maintaining, modifying and
renewing all permits required for the design, construction and
operation of the Solid Waste System. Company shall be the permit
holder for the Smart MRF. The County shall be the permit holder
for all other facilities. All permit submittals are subject to County
review and comment. All permit submittals with respect to
WASTEC and the landfill are also subject to County approval,
which approval shall not be unreasonably withheld. The Company
shall be responsible for all reporting, fines, fees and costs
associated with any permits. The Company shall assume the risk of
delay, non - issuance and the imposition of unanticipated conditions
with respect to all permits and governmental approvals, except that
the failure to obtain necessary landfill mining permits shall not
constitute a breach to the extent such failure is in no way due to the
Company.
Nothing in the Contract shall be construed to require the Company
to undertake any action that is inconsistent with the permits for the
Solid Waste System.
IX. DESIGN REQUIREMENTS The Company shall design all new facilities and facility
modifications in accordance with the Contract Standards at its sole
cost. The County shall have the right to review and comment upon
all design documents and the Company shall discuss any such
comments with the County. The Company shall have sole design
responsibility and liability. In the event any new landfill cells are
required and the County consents to the development of such cells,
any designs of such new cell shall be approved by the County.
X. CONSTRUCTION The Company shall have exclusive responsibility for all
REQUIREMENTS construction means, methods, techniques, sequences and costs. The
Company shall perform all construction work in accordance with
the Contract Standards. The County shall have the right to observe
and inspect all construction work to ensure that it complies with the
Contract Standards.
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XI. OPERATION AND
MAINTENANCE
REQUIREMENTS
Minimum Requirements: The Company shall operate and maintain the Solid Waste System in
accordance with the Contract Standards. The Company shall
continue the use of the constructed wetlands and expand irrigation
system to meet discharge reduction /elimination goals.
• Maintenance: The Company shall: (i) perform all normal and ordinary
maintenance of the machinery, equipment structures, improvements
and all other property; (ii) perform all capital repair and
replacement of the machinery, equipment structures, improvements
and all other property;(iii) keep the facilities in good working order,
condition and repair, in a neat and orderly condition; and (iv)
maintain the aesthetic quality of the facilities. The Company shall
not defer maintenance, repair and replacement of equipment. The
Company shall maintain a spare parts inventory in accordance with
good industry practices.
• Records, Logs and Reports: The Company shall maintain records and logs and provide the
County monthly reports concerning: tonnages received and
processed, actual tonnages recycled (by commodity), tons
landfilled, tons mined from landfill, operational challenges
encountered, accidents, environmental credits generated and sold,
maintenance performed, regulatory notices received, audited
financial statements, and other reasonably requested information.
The County shall provide the Company with daily scale data, and
other reports or data that reflect the volumes of Acceptable Waste
delivered to the facilities by hauler.
Staffing: The Company has sole authority and responsibility to employ,
discharge, and otherwise control its employees and has complete
and sole responsibility as a principal for its agents, all
subcontractors and all other persons and entities that the Company
or any subcontractor hires to perform or assist in performing any
services or obligations. The Company shall be responsible for
training the Solid Waste System Manager, each facility manager,
operations supervisors and other necessary staff to perform the
Contract Services. The Company shall maintain a minimum
staffing level as agreed to by the parties. The Company shall not
staff its operations below the minimum staffing level without the
written approval of the County.
Facility Manager: The Company shall appoint a full time facility manager who shall
be appropriately trained, licensed and experienced in the
management and operation of facilities, and shall be appropriately
familiar with the day -to -day operation, maintenance, repair and
replacement activities of the facilities so as to knowledgeably
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interact and communicate with the County regarding the facilities
and to perform and oversee the performance of the operation of the
facilities. To the extent practicable, not fewer than 30 days prior to
the date on which any candidate for facility manager from time to
time during the Term is proposed by the Company to assume
managerial responsibility for the facilities, the Company shall: (1)
provide the County with a comprehensive resume of the candidate's
licenses, training, experience, skills and approach to management
and customer relations; and (2) afford the County an opportunity to
interview the candidate with respect to such matters and to provide
any comments on their fitness for the position to the Company.
• Professional Standards: The Company shall comply with cooperative, courteous and
professional standards in its dealings with the County, customers
(including haulers), and the general public.
Receiving Hours: The Company shall be open to accept Acceptable Waste from 6:00
a.m. to 10:00 p.m. on Mondays through Saturdays, except the
Company shall not be required to accept Acceptable Waste on the
following holidays: Christmas, Thanksgiving, New Year's, New
Year's Eve (half day) and July 4th. In addition, the Company shall
be open to accept Acceptable Waste during days and hours of
emergency conditions (e.g., following hurricanes), as necessary.
e County and Visitor Access: For the Smart MRF and areas of landfill mining:
Designated County personnel, accompanied by Company
representative(s), shall have access to the Smart MRF and areas of
landfill mining during normal operating hours, without advance
notice, provided they follow the safety procedures established by
the Company as more fully described below. Non - designated
County personnel may have such access upon 24 hours advance
notice to the Company.
The County may have visitors tour the Smart MRF and areas of
landfill mining under the following conditions: the Company must
be given the names of the visitors at least 3 business days in
advance, and the Company reserves the right to screen non - County
personnel who tour the Smart MRF.
For other Solid Waste System facilities:
Designated County personnel shall have access to the other
facilities at any time, provided they follow the safety procedures
established by the Company. Other County representatives shall
have access to the other facilities only when accompanied by
Company personnel which shall be made available upon reasonable
notice.
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Relevant to all Solid Waste System facilities:
In connection with such inspections or visitations, the County shall,
on its own behalf, and on behalf of its agents and representatives,
comply and cause its agents and representatives to comply, with all
Rules and Regulations, including a requirement that each person,
inspecting or visiting a facility sign a statement agreeing (i) to
assume the risk of the inspection or visitation, but not the risk of
injury due to the intentional or negligent acts or omissions to act of
the Contractor, and (ii) not to disclose or use (consistent with
Applicable Laws) any confidential information relating to the
Contractor's private business operations at the facility. However,
neither the County, nor its agents and representatives shall be held
liable for any damage or injury which may result from any
disclosure that might occur by any person (other than the County,
its officers, members, employees, and agents) inspecting or visiting
any Facility. Visitors will be required to review and sign the
Company's health and safety plan and agree to abide by conditions
established therein during site visits. The health and safety
program will implement personal protective equipment and may not
allow entry to certain designated areas solely based on protection of
personal health and safety of a visitor.
• Hazardous Waste or Substances: Delivered to Solid Waste System facilities during term of Contract:
The Company shall be solely responsible for the proper treatment
and /or disposal of any hazardous waste that is inadvertently
delivered to the Smart MRF or other facilities, or that is detected
during landfill mining operations.
The Company shall not be liable for: (i) any groundwater and soil
contamination discovered upon demolition of WASTEC (unless
caused by the Company) or for any liabilities arising from the
operation of WASTEC prior to the Commencement Date, or (ii) for
any groundwater or soil contamination resulting from a release of
any hazardous substance from the landfill that occurred prior to the
Commencement Date.
XII. LANDFILL MINING The Company shall perform landfill mining in accordance with the
Contract Standards. The Company shall perform landfill mining
solely at its own cost and shall not cause any odor, vector or other
nuisance condition while performing such mining operation. The
Company shall be responsible for any and all damage, and
liabilities resulting from damage to the underlying HDPE liner
system in any of the cells from which it mines materials.
XIII. WASTEC
• Initial Operation: The Company shall operate and maintain WASTEC following the
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Commencement Date in accordance with the Contract Standards.
• Demolition/Mothballing: If at the end of the 90 -Day Diligence Review Period, the Company
determines that it will not upgrade and utilize WASTEC to perform
its solid waste management responsibilities, the County shall have
an 18 -month period to elect to either (i) have the Company
demolish WASTEC (and provide the Company the rights to salvage
proceeds) and receive $1 million (payable monthly over one year
starting on the month following the election) from the Company, or
(ii) have a third party at County expense (or undertake itself)
demolish or mothball WASTEC and receive a payment of $1
million from the Company (payable monthly over one year starting
on the month following the commencement of demolition). If the
County elects to mothball WASTEC, it shall be responsible for all
maintenance to WASTEC during the mothballing period, and the
$1 million (payable over one year) shall not become due until the
County elects to have the Company demolish WASTEC or a
County- contractor begins such demolition. The Company shall be
entitled to all equipment and scrap resulting from the demolition of
WASTEC.
Upgrade and Long -Term Use: If at the end of the 90 -Day Diligence Review Period, the Company
determines to upgrade and utilize WASTEC, the Company shall
provide the County with a detailed description of such upgrades, a
schedule for completion and a description of waste materials
expected to be generated. The Company shall be required to
comply with the permitting, construction and operation and
maintenance of WASTEC in accordance with the schedules
provided to the County as well as with the Contract Standards, at
the Company's sole cost.
• Ash Disposal: The Company shall have sole responsibility for the disposal of ash
residue in accordance with Applicable Law at its cost.
XIV. CAPITAL The Agreement shall include mechanisms to address capital
MODIFICATIONS modifications to any County -owned facilities during the operating
period. All capital modifications shall be implemented in
accordance with Applicable Law, and any such modifications to
County -owned facilities shall be subject to County approval.
XV. EVENTS OF DEFAULT,
TERMINATION RIGHTS
AND REMEDIES
e Company Default: Without Opportunity to Cure:
Each of the following shall constitute an Event of Default by the
Company upon which the County may declare the Agreement
terminated without opportunity for cure:
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Failure of the Company to complete its Transition Period
responsibilities within 30 days of the Commencement Date,
unless due to County fault, Act of God or delay from
permitting agency in obtaining necessary modifications to
permits for existing facilities (due to no fault of the Company);
Failure to obtain and maintain any required Security
Instrument;
• Failure to meet the 70% annual landfill diversion target;
0 Failure to mine 100,000 tons per year from the County landfill;
Failure to achieve the C &D Facility Commercial Operations
Date by the 34 -month anniversary of the Contract Date;
• Abandonment of the Solid Waste System;
• Insolvency, voluntary bankruptcy or involuntary bankruptcy;
• Failure to commence landfill mining by the earlier of the date
which is (i) 12 months following the Smart MRF Acceptance
Date and (ii) 48 months following the Commencement Date,
unless such failure is due to the failure to obtain necessary
permits due to no fault of the Company;
• Failure to commence operation of the landfill gas collection
system if required to be installed pursuant to Section IV by the
earlier of the date which is (i) 12 months following the Smart
MRF Acceptance Date and (ii) 48 months following the
Commencement Date;
Failure to restore the Operating Period Security to its full
amount within 30 days following a draw; or
Failure to pay Smart MRF Delay Damages as required by
Section I.
With Opportunity to Cure:
Each of the following, after notice and opportunity to cure, shall
constitute an Event of Default upon which the County may declare
the Agreement terminated:
Failure or refusal to pay any amount required to be paid to the
County within 60 days following the due date;
• Failure or refusal to perform any material obligation under the
Agreement (unless excused by County fault or Uncontrollable
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Circumstance), after a 60 day opportunity to cure.
County Default: Each of the following shall constitute an Event of Default by the
County upon which the Company may terminate the Agreement
without opportunity to cure:
• Insolvency, voluntary bankruptcy or involuntary bankruptcy.
Each of the following, after notice and opportunity to cure, shall
constitute an Event of Default by the County upon which the
Company may terminate the Agreement:
• Failure or refusal to pay an undisputed amount required to be paid
to the Company within 60 days following the due date.
• Failure to perform any other material obligation under the
Agreement (unless excused by Company fault or Uncontrollable
Circumstance), after a 60 day opportunity to cure.
In any such case, the Company would be entitled to receive back its
Letter of Credit, in addition to any other remedies.
• Termination by Law: If this Agreement is terminated as a result of a successful
procurement law challenge, each party shall bear its own costs and
neither party shall have any rights or remedy with respect to the
other party.
Convenience Termination: At any time after 5 th year anniversary from the Commencement
Date, the County shall have the right to terminate the Agreement at
any time during the Term for its convenience and without cause,
subject to the payment of a convenience termination fee which shall
reflect unamortized investment including lease obligations, and a
portion of lost profits.
The termination fee would be prorated per year.
There shall be no convenience termination fee during the extension
period.
Interest: Interest shall run on any amounts over 30 days past due at the legal
rate of 8% until paid.
Liquidated Damages Upon Upon an Event of Default by the Company, the County shall be
Default, and Limit to Company entitled to the entire balance of the Letter of Credit existing at that
Liabilities: time as liquidated damages.
The Company's liabilities to the County upon an Event of Default
shall be limited to a liquidated damage payment of $5,000,000 plus
damages demonstrated by the County resulting from the Company
accepting anything other than Acceptable Waste into the Solid
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Waste System during its operations, any damage to the County's
landfill liner, any indemnification (third party) obligations, any
amounts previously due the County including but not limited to
performance damages and the unpaid balance of the Cell 6 -D
payment obligation, and any environmental remediation costs
caused by the Company's operations.
•Conditions to Drawing on It shall be a condition to the right of the County to draw on the
Security Under Non - Default Letter of Credit for the payment of any amounts the County
Circumstances: contends it is due under the Contract (other than as a result of an
Event of Default) that:
(1) the County give the Company written notice of the amounts
which it contends are due and the grounds upon which the County
contends any payment is due,
(2) the Company be given 15 days from its receipt of such notice to
pay the amounts due from other sources besides the Letter of
Credit, or to present any materials it desires in its defense.
Upon the satisfaction of these conditions, the County shall have the
right to draw the amount of penalties or damages so assessed, or
some lesser amount based upon any materials submitted by the
Company.
In the event that subsequent to any drawing on the Letter of Credit
it is determined by any court of competent jurisdiction in a final
non - appealable decision that such drawing was in excess of the
amount of damages determined to be due to the County by the
Court, the County shall pay the amount wrongfully drawn in excess
of the amount determined by the Court to the Company, in addition
to any other remedies the Court imposes.
The conditions to drawing on the Letter of Credit set forth above
shall not apply to a draw on the Letter of Credit following an Event
of Default.
XVI. DISPUTE RESOLUTION
Forum for Dispute Resolution: All Legal Proceedings related to the Agreement, the Solid Waste
System, or to any rights between the parties arising therefrom shall
be solely and exclusively initiated and maintained in courts located
in New Hanover County, North Carolina.
Governing Law: The validity, construction and effect of the Agreement and any and
all extensions and /or modifications thereof shall be governed by the
laws of the State of North Carolina. North Carolina law shall
govern regardless of any language in any attachment or other
document that the Company may provide.
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Non - Binding Mediation: Either party may request Non - Binding Mediation of any dispute
arising under the Agreement prior to the initiation of any civil
action. The non - requesting party may decline such a request in its
sole discretion.
XVII. REQUIRED INSURANCE At all times during the Term, the Company shall obtain and
maintain required insurance. Required Insurance shall include those
coverages set forth in Appendix B hereto.
XVIII. UNCONTROLLABLE Except as expressly provided under the terms of the Agreement,
CIRCUMSTANCES neither party to the Agreement will be liable to the other for any
loss, damage, delay, default or failure to perform any obligation to
the extent it is caused by Uncontrollable Circumstances. The non-
performing party shall diligently attempt to mitigate any such
circumstance and shall notify the other party of the extent and
anticipated duration.
Uncontrollable Circumstances may include:
0 Changes in Law
• Force maj eure events or Acts of God
• In connection with the failure to meet its landfill mining
obligations only, detection of hazardous, biological or other
unpermitted waste during the landfill mining process
Other acts, events or circumstances beyond the reasonable
control of the affected party
Uncontrollable Circumstances shall not include:
• Market risk
• Interest rate and all other financing risks
0 Company strikes
0 Subsurface conditions
0 Failure to secure patents
0 Under - estimating costs
• Existence of non existence of environmental credits,
incentives or benefits or markets for such credits, incentives
or benefits
0 Commodity pricing fluctuation
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• Landfill fires which start in the County landfill
• Failure of the Company to obtain permits necessary for
landfill mining; provided, however, that to the extent such
failure is in no way due to the Company, such failure shall
not constitute a breach and the parties rights and obligations
are as set forth in Sections IV and XXIV.
The Company shall be entitled to appropriate schedule and
performance relief (not price relief), as applicable, in the event of
the occurrence of an Uncontrollable Circumstance in accordance
with the terms and conditions to be set forth in the Agreement.
XIX. INDEMNIFICATION BY The Company shall indemnify, defend and hold harmless the
THE COMPANY County from, and pay the full amount of, any loss - and - expense
(including, without limitation, damages, fines, penalties and
attorneys' fees) arising from: (i) any failure by the Company to
perform its obligations under the Agreement; or (ii) the negligence
or willful misconduct of the Company or any of its employees or
subcontractors.
XX. WAIVER OF The Company waives its rights to assert the defenses of
IMPOSSIBILITYOF impracticability and impossibility of performance against any claim
PERFORMANCE by the County regarding the failure to comply with its obligations
under the Agreement, even though such performance and operation
may involve technological or market breakthroughs or overcoming
facts, events or circumstances which may be different from those
assumed by the Company in entering into the Agreement and
agrees that sufficient consideration for such waiver has been
provided by the County.
XXI. END OF TERM RIGHTS Upon the expiration or termination of the Agreement, title to the
AND RESPONSIBILITIES shell of the building for the MRF shall transfer to the County lien
free, and the County will have the right to purchase the MRF
equipment and other equipment including any rights or licenses
associated with the use thereof, if an agreed upon price can be
arrived at for it. Otherwise, the Company shall be entitled to retain
all of its machinery, equipment and other chattel and shall remove
such within 60 days of the expiration /termination date. The MRF
building shall be turned over to the County in good condition,
reasonable wear and tear excepted.
XXII. ACTIONS OF THE Nothing in the Agreement shall be interpreted as limiting the rights
COUNTY IN ITS and obligations of the County under Applicable Law in its
GOVERNMENTAL governmental or regulatory capacity (including police power
CAPACITY, AND actions to protect health, safety and welfare or to protect the
RESERVATION OF RIGHTS environment).
The County retains all issuance and approval rights it has under
Applicable Law with respect to any Governmental Approval
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required with respect to the Solid Waste System, the design work or
the operation services, and none of such rights shall be deemed to
be waived, modified or amended as a consequence of the execution
of the Agreement. The County shall not be deemed to be in breach
of or in default hereunder as a result of any delay or failure in the
issuance or approval of any such Governmental Approval.
Both parties reserve all rights that they may possess unless
expressly waived.
XXIII. RESPONSIBILITY FOR The Company shall, during the Term of the Agreement, pay all
PROPERTY TAXES taxes that may be levied upon or assessed against any facilities
constructed and owned by the Company in, on, or adjacent to the
landfill under the Agreement.
XXIV. PROFIT SHARING The parties may amend the fee structure and other relevant terms to
incorporate a means for the County to participate in any profits
generated by the Smart MRF.
In the event the Company fails to obtain necessary mining permits
due to no fault of the Company, and implements a landfill gas
collection /recovery system pursuant to Section IV, the Company
shall pay at least 20% of all gross revenues (including the value of
tax benefits afforded the Company and the imputed value of
avoided costs resulting from the on -site use of gas) to the County.
This revenue sharing arrangement is limited to the circumstances
where landfill mining is not implemented and if the parties agree to
pursue landfill gas collection /recovery and landfill mining
simultaneously, the parties shall negotiate a new revenue sharing
arrangement.
XXV. AS -IS RISK The Company assumes the risk of the adequacy and sufficiency of
the design of the facilities and the existing "as -is" condition of the
Solid Waste System as such design or condition may affect the
ability of the Company to comply with Applicable Law, meet its
performance requirements and guarantees or perform any of its
other obligations under the Agreement.
XXVI. SUBCONTRACTORS The Company may not use subcontractors other than pre- approved
subcontractors without the County's consent on any facilities to be
owned by the County. In no event shall any subcontract be
awarded to any person debarred, suspended or disqualified from
Federal, State or County contracting for any services similar in
scope to the services contemplated herein. The Company shall not
subcontract the operation of the Smart MRF without the County's
consent.
Provided they are competitive, and to the extent permitted by law,
the Company will give preference to hiring local general and
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subcontractors for all facilities to be constructed.
XXVII. ASSIGNMENT The Company can assign its rights and interests in the Contract to
an affiliated subsidiary or operating company. Any other
assignment of interests, by either party, will require written consent
from the other party.
XXVIII. AMENDMENT The Contract may be amended by mutual consent in writing.
XXIX. SMART MRF The Company shall not use the Smart MRF for any purpose other
than its intended purpose as described in Appendix C
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APPENDIX A
DEFINITIONS
"Acceptable Waste" means Municipal Solid Waste, construction and demolition debris,
source separated recyclable materials and any other solid waste that the current Solid Waste System is
permitted to accept as of the Contract Date, and any other wastes that the System is permitted to accept in
the future upon mutual consent of the parties.
"Applicable Law" means any law, rule, regulation, requirement, guideline having the
force of law, permit, Governmental Approval ordinance or order, of any federal, state or local agency,
court or other governmental body having jurisdiction, applicable from time to time to the design,
acquisition, construction, equipping, financing, permitting, ownership, possession, shakedown, testing or
operation of the Solid Waste System, the transporting of Solid Waste or any other transaction or matter
contemplated in the Agreement.
"C &D Facility Commercial Operations Date" means the date when the Company has
demonstrated that the C &D Facility has operated for at least two consecutive days processing at least 300
Tons per day over a one -shift period, while achieving a diversion rate of at least sixty percent (60 %).
However, it is noted that the diversion rate shall be based on the actual accumulation of all C &D waste
received and processed at the C &D Facility during such period but, with the daily fluctuation of C &D
Waste available within the County, must be at least 200 Tons per day processed with the generation of at
least 120 Tons per day of recovered and marketed materials. To qualify, the diverted materials must be
shipped by the Company to off -site recovered material users as either recyclable materials or processed
into a RDF, with the RDF being shipped as fuel either to WASTEC for combustion or other off -site fuel
consumer(s).
"C &D Waste" has the meaning set forth in the North Carolina Administrative Code.
"Commencement Date" means the first date on which all of the Transition Period
responsibilities of the Company shall be satisfied or waived, as agreed to in writing by the parties.
"Contract Date" means the date the Agreement is executed and delivered by the parties.
"Contract Standards" means the standards, terms, conditions, methods, techniques and
practices imposed or required by: (1) Applicable Law; (2) Good Engineering and Construction Practice;
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(3) Good Industry Practice; (4) applicable operation and maintenance manuals; (5) applicable equipment
manufacturers' specifications; (6) applicable Insurance Requirements; and (7) any other standard, term,
condition or requirement specifically provided in the Agreement to be observed by the Company.
"Diversion Non - Performance Damages" means the landfill diversion damages set forth in
Section V.
"Good Engineering and Construction Practice" means those methods, techniques,
standards and practices which, at the time they are to be employed and in light of the circumstances
known or reasonably believed to exist at such time, are generally recognized and accepted as good design,
engineering, equipping, installation, construction and commissioning practices for the design,
construction and improvement of capital assets in the municipal solid waste processing and resource
recovery industry in the United States and taking into consideration good design, engineering, equipping,
installation, construction and commissioning practices for industrial facilities as observed in the Southeast
United States. Good Engineering and Construction Practice is not in all cases limited to a single optimum
method, technique, standard and practice to the exclusion of all other generally recognized as good
methods, techniques, standards and practices for such facilities observed in such region.
"Good Industry Practice" means the methods, techniques, standards and practices
which, at the time they are to be employed and in light of the circumstances known or reasonably
believed to exist at such time, are generally recognized and accepted as good operation,
maintenance, repair, replacement and management practices in the municipal solid waste
processing and resource recovery industry in the United States and taking into consideration
good operation, maintenance, repair, replacement, and management practices for industrial
facilities as observed in the Southeast United States. Good Industry Practice is not in all cases
limited to a single optimum method, technique, standard and practice to the exclusion of all other
generally recognized as good methods, techniques, standards and practices for such industries
observed in such region.
"Municipal Solid Waste" or "MSW" means any solid waste resulting from the operation
of residential, commercial, industrial, governmental, or institutional establishments that would normally
be collected, processed, and disposed of through a public or private solid waste management service.
Municipal solid waste does not include hazardous waste, sludge, industrial waste managed in a solid
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waste management facility owned and operated by the generator of the industrial waste for management
of that waste, or solid waste from mining or agricultural operations.
"90 -Day Diligence Review Period" means the 90 -day period during which the Company
shall perform the reviews set forth in Section II and Appendix C.
"Qualified Commercial Bank" means a domestic commercial bank or a foreign bank with
a U.S. branch, whose long -term debt is rated "A3" or higher by Moody's Investors Service, Inc., rated
"A -" or higher by Fitch, Inc. or rated "A -" or higher by Standard & Poor's Ratings Services, Inc. (if there
is a split rating, the lowest of the three shall apply), and which is a bank organized and existing under the
laws of the United States, is subject to federal and State banking regulatory jurisdiction and maintains
banking operations in the State of North Carolina.
"Required Insurance" means the insurance specified in Appendix B.
"Smart MRF Commencement Date' means the date when the Company has demonstrated
that the Smart MRF has operated for at least three consecutive days processing at least 800 Tons per day
over a two -shift period, while achieving a diversion rate of at least eighty percent (80 %). However, it is
noted that the diversion rate shall be based on the actual accumulation of all received and processed waste
materials at the Smart MRF during such period but, with the daily fluctuation of Acceptable Waste
available within the County, must be at least 500 Tons per day processed with the generation of at least
400 Tons per day of recovered and marketed materials. To qualify, the diverted materials must be
shipped by the Company to off -site recovered material users as either recyclable materials or RDF, with
the RDF being shipped either to WASTEC for combustion or other off -site fuel consumer(s).
"Solid Waste System" means the solid waste management facilities to be managed by the
Company to process and /or dispose of MSW generated by the County including but not limited to the
landfill, WASTEC, RDOS Locations, C &D pad, and all facilities developed by the Company to process
and /or dispose of MSW including but not limited to the Smart MRF, and the C &D Facility. "Solid Waste
System" does not include any ethanol or other facility constructed by the Company where any feedstock
from Solid Waste is used to produce any product or energy.
"Ton" means a short ton of 2,000 lbs.
"Transition Period" means the time period after the Contract Date and prior to the
Commencement Date.
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Any "Year" shall commence as of July 1 St and end June 30 th . consistent with the County's
fiscal year.
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APPENDIX B
INSURANCE REQUIREMENTS
The Company shall maintain insurance from companies licensed to issue business insurance in North
Carolina, with an A.M. Best rating of A or higher, and acceptable to the County Legal Department — Risk
Management, of the kinds and minimum amounts specified herein:
1. Certificates and Notice of Cancellation. Before commencing work under the Contract, the
Company shall furnish County Legal Department — Risk Management, with current certificates of
all insurance required below. Certificates shall indicate the type, amount, class of operations
covered, applicable deductibles and /or self insured retentions, the effective date and expiration
date of all policies, and shall contain the following statement:
"The insurance covered by this certificate will not be canceled or
materially altered, except after sixty (60) days written notice has
been received by County."
The Certificate of Insurance, naming the County as an additional insured, shall be
further evidenced by an actual endorsement furnished to the County from the
insurer within thirty (30) days of the signing of the contract between the
Company and the County. Any cancellation notices will be sent to: County Legal
Department —Risk Management.
2. Worker's Compensation Insurance:_ The Company shall procure and maintain, during the life
of the Contract, Workers Compensation and Employers Liability Insurance covering all of the
Company's employees to be engaged in the work under the Contract, providing the required
statutory benefits under North Carolina Workers Compensation Law, and employers liability
insurance providing limits at least in the amount of $100,00 1$500,0001$100,000 applicable to
claims due to bodily injury by accident or disease.
3. Commercial General Liability Insurance: The Company shall procure and maintain during the
life of the Contract, Commercial General Liability including coverage for independent contractor
operations, contractual liability assumed under the provisions of the Contract, products /completed
operations liability and broad form property damage liability insurance coverage. Exclusions
applicable to explosion, collapse and underground hazards are to be deleted when the work
involves these exposures. The policy shall provide liability limits at least in the amount of
$1,000,000 per occurrence /$2,000,000 aggregate, combined single limits, applicable to claims
due to bodily injury and /or property damage. The County shall be named as an additional insured
under this policy.
4. Automobile Liability Insurance: The Company shall procure and maintain during the life of
the Contract, Automobile Liability Insurance covering all owned, non -owned and hired vehicles,
providing liability limits at least in the amount of $1,000,000 per occurrence combined single
limits applicable to claims due to bodily injury and /or property damage.
5. Business Interruption Insurance: The Company shall procure and maintain during the life of
the Contract, Business Interruption Insurance.
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6. Umbrella Liability Insurance. Umbrella liability insurance subject to a minimum twenty-five
million dollars ($25,000,000) limit per occurrence.
7. If any of the above coverages expire during the term of this Contract, the Company shall deliver
renewal certificates and /or policies to the County at least (60) days prior to the expiration date.
8. Environmental Impairment Liability Insurance ( Note : This is required also for any Part where
Company is disposing a material at their own disposal site, such as Part 6 for example.
$5,000,000 Each Loss /$10,000,000 Aggregate.
Note: This insurance shall cover any release from Company's disposal facilities
requiring monitoring, cleanup or other corrective actions under the Comprehensive
Environmental Response Compensation and Liability Act (CERCLA) and /or applicable
North Carolina law, as amended, or any similar applicable statute, order, law, regulation
or decree.
9. The Company shall require each of their subcontractors to procure and maintain during the life of
the subcontract, insurance of the type and in the amount specified above, or insure the activities
of the subcontractors in the policy required under Sections 1 — 9 above.
10. The Company shall furnish the County with satisfactory proof of coverage of the insurance
required via Certificates of Insurance, with New Hanover County listed as additional insured
under the Commercial General Liability. A notice of termination of any policy shall be forwarded
to the County sixty (60) days prior to termination.
11. As between the Company and the County, the Company shall be solely responsible for
any and all claims arising out of the operations of the Company, or any subcontractor or
any agent, servant or employee of either, and the Company shall indemnify and save the
County, its officers, agents, servants, and employees harmless therefrom. The furnishing
by the Company of any insurance required, or the acceptance or approval thereof by the
County, shall not diminish the Company's obligation to fully indemnify, as set forth in
this paragraph.
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APPENDIX C
NEW HANOVER COUNTY
R3 SCOPE OF SERVICE
R3 reserves the rights to select more efficient and available technologies for final implementation of
the material recovery facility that may differ from the specific items included in the following
terms.
Dates and time periods included in the following terms may conflict with those in the Contract
Terms. Where discrepancies exist, the Contract Terms apply.
Information Item
Services to be Provided:
A. STUDIES & REVIEWS TO BE
COMPLETED BY R3 DURING
Responsibility
R3 will complete a thorough evaluation of the WASTEC
facility components, operations, maintenance schedules,
TRANSITION PERIOD repairs and compliance history during the 90 -day Diligence
Review Period following signing of the Contract. The
evaluation will be performed by R3 using ERM along with
a combustion engineer specialist and industry vendors.
This 90 day period will also be utilized by R3 to complete
carbon foot printing for all of the existing waste system
operations for future carbon credit projects.
Within the first 60 days following award of contract, R3
will perform an initial evaluations of each existing waste
handling facility. In concert with these evaluations, base
line "carbon foot printing" studies will be completed to
establish a comparison basis when new facilities are on -line
and carbon reductions result with the creation of carbon
credits. This process will begin the project certification
process for future carbon credit implementation for the
future R3 methodologies.
Each facility evaluation to be undertaken by R3 will be
based on current conditions and operations of the existing
facilities, compliance history, pending legislation and
potential impact to facilities, visibility to public, public
awareness and necessary improvements. The R3
improvements will be suggested based on current and
pending regulatory compliance, operations will be
suggested based on current and pending regulatory
compliance, operating efficiency, health and safety for staff
and public and general appearance /perception.
During the Diligence Review Period, no existing activities,
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personnel or equipment will be modified by the County in
order for R3 to establish a baseline for carbon foot printing
projects.
R3 will implement a new health and safety plan and
protocol for all existing County facilities. This will include
R3 retaining ERM to prepare a new health and safety plan
to be implemented for the long -term operation of the
landfill facility. This plan will be based on items
discovered by R3 in the Diligence Review Period and
include the proposed activities that may add additional
measures. The health and safety plan will be prepared by
certified safety professionals (CSP) and will be signed by
CSP's for implementation.
R3 will launch various campaigns to increase involvement
by the citizens of the County with the most important to
provide clean, safe, and staffed Residential Drop -Off Sites
(BOOS) used as recycling centers.
Following the R3 Diligence Review Period,
recommendations made by R3 for improvements to the
operational and compliance monitoring plans may be
warranted, but these must meet or exceed the existing
County permit requirements.
R3 will perform a new air quality study for the existing
landfill and present their proposed long -term plan for the
County landfill to NCDENR Division of Waste
Management. The need for intermediate LFG recovery will
be based on ERM's initial air quality assessment in the first
60 days of the Diligence Review Period. R3 will pay for all
intermediate measures.
R3 will pay for all the costs for all of the initial evaluations
proposed to be done after contracting.
B. SMART MRF (MRF) Anew waste handling facility will be designed and
constructed by R3 at the current County solid waste landfill
site to process 100 percent of municipal solid waste
(MSW), (excluding the C &D Waste stream) generated in
the County and generate materials for reuse and recycling.
Innovative technologies incorporated within the Materials
Recovery Facility (MRF) by R3 will allow for a single
source solid waste stream to be collected in the County
removing the responsibility of recycling from the residents
and businesses of the County while generating additional
revenues from commodities that are now currently disposed
of or incinerated.
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The R3 MRF will include optical scanners and other high
efficiency technologies for sorting and separation, recycling
and reuse of recoverable materials.
The remaining non - recoverable materials at the MRF will
be processed by R3 into cellulosic biomass and refuse
derived fuel (RDF) to be utilized as an alternative energy
fuel source.
The R3 MRF will be designed to replace the current County
landfill and WASTEC facility as the means for handling
solid waste needs in the County. The R3 MRF will be
designed to remove currently disposed or incinerated
recoverable materials that will be sold as commodities. The
other component to the R3 MRF facility will be the
production of cellulosic biomass produced from carbon -
based waste segregated from the recycling process. RDF
will be accompanied by alternative energy credits and
reduction to carbon foot prints.
The expected, but not guaranteed, quantity of MSW
received at the MRF facility will be 210,000 tons /year or
approximately 750 tons /day based on an equivalent
operating year of 285 days. R3's MRF operations will
occur over two -ten hour shifts Monday through Saturday,
52 weeks per year with daily opening at 6:00 a.m. and
closing at 10:00 p.m. The MRF facility will process MSW
with a single line at a continuous rate in the range of 40 to
45 tons /hour allowing for excess capacity to compensate for
unscheduled downtime. The R3 MRF design will support
processing in excess of 1,000 tons /day of MSW. A four
hour maintenance period will be allocated each day
following plant closing, except for Sunday being used to
cover major repairs to plant and equipment. The front end
storage capacity, coupled with the additional processing
capacity provided by R3, will allow for processing all
MSW received.
R3 will design, permit and construct the SMART MRF to
accommodate a second processing line for the materials
exhumed by R3 as part of their landfill mining activities at
the County Landfill.
The MRF will be permitted by R3 as a Waste Processing
Facility in accordance with NCDENR — division of Waste
Management Rules and Regulations 15A NCAC 13B.0301
and 0302. The permit will list R3 Environmental, LLC as
owner and operator as well as the financially responsible
party-
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R3 will require 3-4 months to get the permits, and the MRF
is to be fully operational within 24 months from the
Commencement Date.
The R3 MRF will include a nominal 100,000 square foot
building providing inside recovered materials storage of
four (4) days and sized to accommodate the addition of a
second processing line. The R3 MRF tipping floor must be
capable of receiving 4,150 tons (5.5 days) of MSW based
on a floor area measuring 200 feet in length and 120 feet in
width at an average depth of 25 feet. The MSW will be
received by R3 at an average density of 375 lb /cubic yard.
Under normal R3 operations, a maximum of 1,500 tons (2
days input volume) could be stored to compensate for any
unscheduled maintenance or repair issues.
Items requiring floor sorting at the MRF will generally be
classified by R3 into the following five categories:
• Bulky Ferrous
• Bulky Non - Ferrous
• Bulky Organics
• Bulky Boiler Fuel
• Miscellaneous
The waste currently directed by the County to WASTEC,
will be sent to and processed by the R3 MRF that will also
be constructed to utilize no external power sources or
energy demand. This improvement to the current waste
handling process will reduce Greenhouse Gas (GHG)
emissions and carbon footprint.
The R3 MRF will self - generate power necessary for
operation of the plant and therefore power from "the grid"
will not be utilized. There will be a mix of renewable solar
power and thermal conversion process used by R3 to
energize the MRF equipment.
R3 will use proprietary methods to dewater the cellulosic
fiber. For dewatering, R3 will use a screw press technology
which will be able to generate a combustible product, by
reducing the moisture content.
On average, 65% of the MSW processed at the R3 MRF
will be delivered on a tons /day of biomass RDF to
WASTEC or other markets.
The MRF will also include Robotics to selectively separate
certain recyclable materials.
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The R3 MRF system will combine the non - recoverable
cardboard and paper fraction with food waste and organic
waste to create a biomass product. This will be performed
by implementing a biomass conversion unit as part of the
R3 MRF.
When the R3 MRF is operational, the final results will
include:
• Significant reduction of the County landfill as a
primary MSW handling mechanism
• Elimination of WASTEC as an MSW handling
mechanism
• Elimination of long -term ground water and surface
water liabilities associated with the County landfill
operation
• Avoiding air quality liabilities associated with the
County landfill operations
• Development of carbon credits for future
certification projects from waste diversion from
disposal, elimination of methane production, and
reclamation of recyclable materials
• Development of alternative fuel credits from
production of cellulosic biomass as a RDF
• Development of alternative fuel credits from
development of ethanol from cellulosic biomass
The R3 MRF will include a system which will operate as
follows:
• R3 will shred the MSW to 12" minus sized material
and feed into the biomass conversion unit.
• A trommel screen will remove the paper /fiber
fraction through 3 /4 "to 1.5 inch holes.
• The biomass conversion unit will use a steam
injection system immediately prior to injecting the
MSW into the unit, and then use a hot water bath
area within the biomass conversion unit.
Unless the landfill mining process is not able to be
permitted, R3 has the responsibility to implement a Landfill
mining system with a quarterly capacity as described
elsewhere herein. The Landfill mining system will consist
in part, of a portable mechanical screening process placed
within the landfill footprint near the actual mining area.
Both the dirt -like materials and fines from this screening
processing activity, as well as the oversized materials
requiring additional processing off of the landfill footprint,
will all be loaded onto trucks for weighing by R3 at a scale
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system provided by R3 that is independent of the current
County scale system. The County scale system will be
used, in part, for the weighing of Acceptable Waste being
delivered from the County haulers.
Once weighed and documented, the dirt -like fines will be
handled by R3 as R3 deems appropriate for marketing or
disposal. However, the oversized materials will be either
(1) hauled to the Smart MRF tipping floor for processing
in the Smart MRF building or (2) hauled to the C &D
processing area if the oversized mined waste were
substantially mined C &D waste which had been
previously buried at the County landfill.
Since the Acceptable Waste (either as MSW delivered and
dumped within the Smart MRF or C &D waste dumped at
the outside tipping area in front of the C &D processing
line) and some of the oversized mined waste fraction
could become commingled on the tipping floor at either
dumping area, or processed as a mixed stream along the
Smart MRF or C &D recovery systems, the integrity of
measuring the 80% diversion guarantee of the incoming
Acceptable Waste could become jeopardized. Therefore,
the actual performance of the mechanical equipment when
the oversized mined waste materials is processed must be
determined as well.
Therefore, initially for up to one shift per week for at least
six months, at the Smart MRF at a minimum and the C &D
line if such oversized mined waste requires the oversized
waste to be processed on the C &D system, the system(s)
would be cleared and operated solely on this oversized
mined waste product to determine throughput capacity and
product separation data to establish, through data
aggregation, a statistically valid performance profile of
each of the installed equipment line on the oversized mined
waste fraction. In this way, the percentage of mined waste
processed with either the MSW or C &D waste can be
mathematically adjusted to verify the actual performance
and diversion associated with solely the Acceptable Waste.
If no mined waste is being generated, the performance data
of the each line for MSW or C &D waste will provide that
baseline data without this isolated operation on the mined
waste to establish a baseline.
If after six months of performance monitoring based on the
one -shift per week processing regime as noted above, the
County and R3's review of the data may lead the parties to
agree to a less restrictive sampling and monitoring process,
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which could include in the simplest format, the additional
consideration of all of the weight of the oversized mined
waste assimilated as part of the overall diversion guarantee
and thus involve a much simpler monitoring process and
data presentation.
C. R3 SUBCONTRACTORS Bulk Handling Systems (BHS) is an R3 subcontractor and
will provide...
Eagle Vision, an R3 subcontractor, will provide... [to be
provided by R3]
Robotics is also an R3 subcontractor and will provide... [to
be provided by R3]
MetalTech Systems, working in association with General
Kinematics, is also an R3 subcontractor and will provide....
[to be provided by R3]
ERM, under subcontract to R3, will manage the
environmental planning, engineering and compliance
requirements of the project including environmental
monitoring and reporting for existing and proposed
facilities, permitting of existing and new facilities,
performing environmental compliance evaluations and
corrective actions for existing facilities. ERM will also
develop and implement for R3 the carbon foot printing
program, project certifications and eventual carbon credits
program for this project.
ERM will be responsible to R3 for all environmental and
sustainability facets of the R3 Solid Waste System,
including:
• Waste management planning and engineering
• Waste management system /landfill design,
permitting, and operational compliance
• Environmental impact assessment, protection and
remediation
• Ground water and surface water quality monitoring
and compliance
• Remedial design engineering and feasibility studies
• Landfill closure design and implementation
• Landfill gas management and monitoring
• Waste to energy design and permitting
• Air quality permitting, emissions monitoring and
compliance
• Wastewater system design, permitting, operations
and compliance
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• Storm water system design, permitting, operations
and compliance
• Sustainability appraisal and development, carbon
foot printing, and life cycle assessment
• Energy reduction and renewable energy
alternatives analysis
• Carbon credit project certification programs
• Health and Safety planning, program assessment
and management?
• Risk analysis and management, quantitative risk
assessment (human health and ecological)
D. WASTEC Following a 90 -day Diligence Review Period, and
following the initial carbon foot printing program for the
WASTEC facility, a team of industry experts hired by R3
will weigh the viability of continuing WASTEC operations
from an emissions management perspective and report
findings for continued operations. WASTEC may be shut
down by R3 for approximately 11 -12 months (upgrades,
repairs) for implementation of improvements to equipment,
operations, and compliance mechanisms resulting from the
initial evaluation. Modification may also be made to use
biomass produced from the MRF as the combustion fuel
replacing unprocessed MSW.
The WASTEC shut down by R3 portion will only begin
following completion of the following tasks:
• Initial evaluation has been completed
• Base line carbon foot print analysis has been
compiled
• Equipment upgrades, repairs, maintenance and
automation are in place
• Health and safety program is fully implemented
• Any necessary permit and /or operations plan
modifications are complete
• The MRF is in full operation.
Initially, a trial period will be initiated by R3 to ensure
adjusting the moisture content of the biomass to modify
resulting BTU values for the most efficient combustion and
energy production at WASTEC. This process may occur
over a two month time period to complete.
Throughout the R3 evaluation, upgrading and improvement
implementations at WASTEC, the County will be made
fully aware of the findings and suggested improvements
prior to execution of work. The improvements and /or
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upgrades to the WASTEC facility made by R3 will not
eliminate the ability to revert back to incineration of
unprocessed MSW.
Once the R3 MRF is in operation, WASTEC will only
receive RDF in the form of biomass for combustion.
R3 will retain all existing County facilities for solid waste
management in place for a minimum of 2 -years in their
current working condition (as a minimum) which could
include the mothballing of WASTEC during this period.
Following this 2 -year period and based on results of R3's
Diligence Review Period evaluations and studies, the
County will be involved in working with R3 to determine
the future disposition of WASTEC. If demolition of
WASTEC is elected by the County, R3 will be responsible
for the components within WASTEC, which may be reused
at other facilities or marketed for sale as deemed
appropriate by R3. Other components may be processed by
R3 for material recovery. In this event, R3 would assume
the financial responsibility for demolition but also receive
compensation from sale of the recovered materials
following demolition.
If the County decides to mothball WASTEC instead of
demolition, the County will receive a payment from R3,
and the costs associated with maintenance and permitting
during the "mothball period" will be the responsibility of
the County.
E. COUNTY LANDFILL Upon the Commencement Date, the County landfill will
remain in operation with responsibilities assumed by R3
staff in accordance with the existing state solid waste
permit No. 65 -04.
The daily operations and maintenance for the County
landfill facility should see little change during the transition
from County to R3 serving as landfill operator. Following
the initial 90 -day Diligence Review Period, adjustments in
activities may be implemented by R3 to improve efficiency
and increase the in place density for disposed waste (i.e.,
preserve air space).
The existing County landfill staff will be retained by R3 to
capture site specific history, experience and compliance
record.
Following the R3 evaluation period during the Diligence
Review Period, recommendations by R3 for improvements
to the operational and compliance monitoring plans may be
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warranted, but these must meet or exceed the existing
County permit requirements.
Ultimately, R3 will cease to operate the County landfill and
expansion of the current County landfill will not be
necessary. R3's long -term goal for the County landfill is
removal; mine the previously disposed waste and recover
the recyclable materials by processing through the new
MRF and produce additional biomass as an RDF.
The County landfill site will be the location for the MRF in
order to utilize the existing infrastructure already in place.
R3 will operate the landfill only within the newly
constructed Cell 6D airspace capacity, including vertical
expansion. R3 guarantees that no further landfill Cell
construction will be necessary for the duration of the
Contract with the County.
R3 operation of the County landfill will include the
continued use of the Posi -shell methodology for daily
cover, unless other alternative daily cover products are
approved by the County.
The R3 Project includes utilizing the County landfill for
MSW disposal for 14 months after the Commencement
Date for the full County waste stream and an additional 10
months at a much reduced rate as the MRF start -up period
commences. At the end of the 2 -year period from the
Commencement Date, the disposal of MSW within the
County landfill will be minimal. Therefore, permitting for
expansion into the Southern Property is not included in the
R3 Prc j ect.
F. LANDFILL GAS The R3 Solid Waste System involves discontinuing the
COLLECTION SYSTEM large -scale landfilling of MSW within a two -year
timeframe and landfill mining within a four -year period.
Therefore, R3 will not be constructing a landfill gas
collection system. However, compliance monitoring and
reporting for air quality regulations will continue to be R3's
responsibility with a subcontract with ERM, and work
performed in accordance with the existing landfill permit
and State and Federal regulations.
Intermediate gas management measures may be necessary
to be performed by R3 in the interim period if dictated by
ongoing monitoring and reporting. Such measures will be
executed at the sole expense of R3.
The need for intermediate LFG recovery will be based on
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ERM's initial air quality assessment during the Diligence
Review Period. R3 will pay for all intermediate measures.
G.
C &D PROCESSING AND The current C &D processing pad and recycling center will
RECYCLING FACILITY be operated by R3 based on existing conditions, operations
and staff.
R3 will convert the current C &D processing area into a new
R3 C &D processing facility to recover wood, concrete,
brick, block and ferrous materials to generate commodity
revenue streams.
Pending construction of the new C &D processing and
recovery facility by R3, which will be complete
approximately 22 months following the Commencement
Date, the existing C &D processing pad will be operated by
R3.
The C &D processing pad, currently in operation, will
remain for the first year after the Commencement Date,
utilizing former County landfill personnel and former
County equipment.
R3 will retain the County landfill staff and make
subcontracting arrangements for utilization of all existing
C &D waste operations, including the current County
grinding subcontractor. This process will remain in place
until the R3 MRF is operational. R3 will then immediately
construct the dedicated C &D processing and recovery
facility.
R3 does not propose to crush materials on -site at this new
facility.
Former WASTEC personnel or landfill personnel will be
trained by R3 to operate the C &D facility.
The new R3 C &D processing and recovery facility will
work in concert with the R3 MRF.
The successful operation of the R3 C &D facility will
complete R3's guarantee for the installation of new
processing equipment to allow 80 percent waste diversion
of MSW and C &D waste from the existing County landfill
and WASTEC facility.
H.
ETHANOL FACILITY If as a result of the R3 studies, WASTEC will not remain in
operation, R3 will develop an ethanol or diesel or power
generation plant to utilize the biomass from the material
recovery facility to produce an alternative fuel. The details
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for this option will be discussed with the County as
conditions warrant, based on the WASTEC evaluations
completed by R3.
R3 will either use WASTEC as an RDF burning energy
facility or develop an ethanol or diesel or power generating
plant. Over the course of the contract term, economic
conditions may also dictate that R3 sell all or a portion of
the RDF to a third party. R3 will maintain the options to
choose the best economic solutions for the end use of RDF
to operate a successful and efficient business model with no
cost implications to the County.
I.
WASTE CAPACITY R3 represents that all of the MSW handling needs of the
County will be achieved by R3's long -term operation of the
MRF, and the existing County landfill and WASTEC
facility for the short term.
The R3 MRF provides waste handling services that include
the acceptance of a minimum of 150,000 tons per year of
MSW. R3 will operate the existing County Facilities
effective as of the Commencement Date and develop the
new MRF for MSW, as well as a new C &D processing line
for C &D materials, to replace the utilization of existing
facilities.
J.
RECYCLING DROP -OFF R3 will invest in the existing RDOS locations and provide
SITES (BOOS) appropriate staffing and security to boost the participation
level throughout the County.
The RDOS locations will be replaced by the new MRF
following the first 2 years after the Commencement Date.
During the Transition Period, R3 will dedicate a 60 day
timeframe following the signing of the contract to
thoroughly evaluate the current operations and community
relations. The process will also serve as a component of
date acquisition for R3 to establish base line carbon foot
printing for future project certification and credits.
Public campaigns will be conducted by R3 for community
awareness and promotion of recycling. R3 will implement
a rewards program for individuals and schools to provide
incentives for involvement.
R3's two- year -long recycling campaign will start on or
before the Commencement Date and will serve as a
publicity outlet for the new MRF and foster support from
the residents. Citizens will be given information by R3
concerning the operations and efficiency for the R3 MRF
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and be shown the benefits from reducing their own carbon
footprint for environment preservation.
The RDOS locations will be maintained by R3 at their
current locations and lease options extended by R3 for each
location. R3 will utilize the existing recycling baler
building located at the WASTEC facility site to receive
collected materials from the seven RDOS locations.
R3 will provide additional street signage to adequately
direct residents to appropriate locations for recycling.
Signs will be placed at the sites directing residents to enter
through the gate where full -time attendants will be on -site
to greet them. Attendants working for R3 will unload the
materials from a citizen's vehicle while inspecting the items
as they are being unloaded.
R3 will operate the seven existing RDOS locations from the
hours of 7 a.m. through 7 p.m., Monday through Saturday.
This will be accomplished by R3 securing the site with
fencing and gates. During hours of operation, the site will
be adequately staffed by R3 trained personnel to serve the
County recycling participants. In order to appropriately
staff the seven RDOS locations, R3 will employ 3
personnel per site (total of 21) to work part -time based on
24 hours per week.
Each R3 RDOS location will close at 7:00 p.m. each day of
operation and the R3 personnel on -site at the time of
closing will complete the facility checklist for the end of
the day conditions and place in the operating file
maintained on -site. The security cameras are placed to
identify vehicle plates for prosecution for illegal dumping.
R3 will provide additional bins at the RDOS locations to
offer the same recycling services at each site. All facilities
under the R3 plan will have designated bins or containers
for the following materials:
• Corrugated cardboard
• Off -spec cardboard materials (cereal boxes,
packaging, etc.)
• News print and mixed paper
• Glass sorted by color (clear, green, brown)
• Plastic containers
• Plastic film bags
• Rechargeable batteries
• Batteries
• Electronics
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• Used oil
• Bulky ferrous materials
All R3 RDOS employees will complete the R3 internal
health & safety program and recycling programs prior to
staffing a site. The R3 personnel will also receive training
for interacting with public residents and promoting a
pleasant experience for citizens.
R3 trained personnel will receive recyclable materials from
residents arriving at each facility. Responsibilities of each
R3 staff member will include the following, in order:
• Greeting and welcome of resident
• Request pre- registered key card
• Unload residents recyclable materials
• Perform an inspection for acceptability of materials
• Return any unacceptable materials to the individual
• Record weight of materials received
• Verify weight has been credited to the individuals
account
• If appropriate, hand out information for upcoming
programs or educational materials
• Translate received recyclables to the appropriate
bins or containers
• For each visit, observe the capacity for each bin
relating to next scheduled pick -up
• Call for additional pick -up if warranted
• Inspect the site for blown litter throughout the work
day.
R3 will implement a program to stimulate community
involvement for recycling based on "the more you bring,
the more you receive."
R3 will provide a card or key tag containing a bar code to
each individual that brings goods to any RDOS location.
Each resident will sign up for the program with R3 and
provide their address and fundraising school if desired.
R3 will place a scale at each RDOS location to weigh the
recyclables delivered by an individual.
Individuals can track their participation and rewards points
at the new Recycle New Hanover County web site to be
established by R3 immediately upon signing of the Contract
with the County.
The RDOS locations will be taken off -line by R3 following
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the second year of operation after the Commencement Date
and replaced by the new R3 MRF.
During the first two years following the Commencement
Date, R3 will operate the RDOS locations cataloguing the
trip routes and frequencies for citizens utilizing the RDOS
sites.
R3 staff at the RDOS locations and baler operation after the
2 year period seeing the initial operation of the MRF will
be eligible for the CFCC training program.
K.
L.
RECYCLE NEW HANOVER R3 will develop a community based web site to serve as the
COUNTY WEBSITE educational information and rewards program tracking
center. The R3 website will be secured to protect the
specific personal data collected by individuals participating
in the rewards program. In addition to the rewards
program, the R3 web site will contain the following
informational categories:
• Recycling center locations & hours of operation
• Materials that may be accepted at the recycling
centers
• Directions to handle non - recyclable items within
the County
• Address based convenience site locator
• Recycling participation rate with 40 percent goal
and progress
• How New Hanover County compares to other
North Carolina Counties
• Fact Sheets for recycling directly preserving raw
materials based on specific items
• Landfill volume preserved due to recycling
• Carbon foot print information recycling versus
using raw materials.
• Education to recycle more commodities
BALER FACILITY The recycling collection and baler facility located at the
WASTEC site will be operated by R3 staff from 7:00 a.m.
to 7:00 p.m. Monday through Saturday; closed on Sunday.
Recyclables will be transferred by R3 staff from the
containers to the balers using a front -end loader or skid
steer loader.
Additional balers may be added by R3 as the goal of a 40
percent residential participation level is reached.
The baler facility site will close at 7:00 p.m. each day of
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operation and the R3 site personnel at the time of closing
will complete the baler facility checklist for the end of the
day conditions and place in the operating file maintained
on -site.
M. HEALTH & SAFETY PLAN
N. WASTEC OWNERSHIP
P.
USE OF COUNTY MOBILE
EQUIPMENT AND
COUNTY FACILITIES
R3 will retain ERM to prepare a new health and safety plan
for the operation of the WASTEC facility. This plan will
be based on items discovered during the Diligence Review
Period and include the proposed activities that may add
additional measures. The health and safety plan will be
prepared by certified safety professionals (CSP) and will be
signed by CSP's for implementation. Once the plan is
deemed acceptable by R3, it will be reviewed by the
County, and the health & safety training programs will be
conducted by R3 for all personnel having access to the R3
facility. The program will include yearly updates by R3 as
a minimum with retraining where needed. The
development of a new health and safety program will
benefit the culture of R3 enabling all employees to know
that their personal health and safety are of the greatest value
to us and vital to our success.
Ownership of WASTEC will remain with the County as
well as the existing Solid Waste Permit. It will never be the
sole decision of R3 to remove the WASTEC facility, and
R3 will share the results of all studies performed if
additional alternatives are explored to serve the County
under the Terms of the Contract.
R3 has assumed that County equipment and County
facilities will be made available to R3 for all utilization and
operation in the interim period through construction of the
MRF. As it pertains to County -owned mobile equipment,
information provided in Appendix A (See Section .)
MINING OF COUNTY Following successful startup of the R3 MRF, as
LANDFILL demonstrated by the initial three -day diversion capacity test
after startup but prior to commercial operations, MSW will
no longer be directly disposed in the County landfill.
Landfill mining of 142,500 tons per year is included in the
R3 project and their fees. Such activity will begin in year 4
after the Commencement Date.
The R3 plan for reclaiming the landfill will add to the
carbon credits and Greenhouse Gas reductions annually as
waste previously disposed is reclaimed with recovering
recyclable materials and production of biomass as an RDF.
R3's baseline study conducted during the Transition Period
C -16
778365.3 034093 CTR
Board of Commissioners Meeting
07/12/2010
10 -2 -46
will determine the direction R3 will take in terms of landfill
mining. Part of the R3 study will address the composition
of current landfill cells and the most appropriate
methodology for the mining this material.
The R3 cost of exhuming the County landfill and the mined
material processing demand being interfaced into the R3
technologies is in the overall R3 fees. The marketing of the
materials from the landfill mining process will be R3's
complete responsibility.
Once commenced, the landfill mining activity is estimated
to be in excess of a 10 -year effort which, with startup
indicated as the fourth year, would make the termination of
such activity close to the end of the 15 -year term.
The R3 project includes mining the existing disposal areas
for material recovery and production of biomass and does
not include any R3 financial responsibility for closure of
the existing landfill areas.
Q. CARBON EMISSIONS: Under subcontract to R3. ERM will evaluate existing
protocols for calculating landfill gas emissions to establish
a baseline scenario and to determine potential carbon
emission reductions against the baseline scenario through
the use of R3 technology.
The ERM review will also evaluate established protocols
for calculating Carbon Dioxide (CO2) emissions from
combustion sources associated with landfill operations:
• Landfill gas
• Vehicle fleet operation
• Heavy equipment operation
• Boiler operation
• Electricity Use
• Waste handling vehicle use from residents (BOOS
sites)
• WASTEC Operations
R. CARBON CREDITS Under subcontract to R3. ERM will evaluate the feasibility
of trading carbon credits through existing programs in the
voluntary market (i.e. VCS, CAR, etc.). ERM will also
monitor the progress of legislation associated with a future
US -based Cap and Trade program.
S. COUNTY STAFF R3 will make it a priority to retain County personnel, and
R3 will establish a job skills retraining program through
CAPE Fear Community College.
C -17
778365.3 034093 CTR
Board of Commissioners Meeting
07/12/2010
10 -2 -47
R3 proposes to maintain the existing New Hanover County
personnel familiar with the operation and maintenance of
the current RDOS sites.
Current WASTEC staff will be offered positions with R3 to
either assist in the implementation of improvements and
repairs or to attend the Waste Recovery Facility Operation,
Maintenance and Repair Program to be implemented with
the cooperation of Cape Fear Community College.
The costs for continuing staff salaries and the tuition
payments for the Cape Fear Community College training
program are included in the R3 fees.
T. BIOMASS MARKETS R3 has represented that it has athird -party firm(s) that
THIRD -PARTY would purchase the biomass.
U. LEACHATE R3 will continue to operate the existing waste water
MANAGEMENT treatment and constructed wetlands for an ongoing leachate
treatment. Within the Transition Period, R3 will include an
evaluation of the composition and performance of the
existing treatment system and constructed wetlands.
Leachate treatment is currently available and will remain
the responsibility of R3 during the Contract Term.
V. R3 EQUIPMENT If the Contract is terminated due to lack of performance, or
OWNERSHIP not renewed at the 10 year term, no equipment purchased
and installed by R3 will be left at County property or
owned by the County.
R3 will maintain ownership of the equipment and building.
R3 places the capital to develop the facility and process to
generate an attractive annual profit sharing base with no
risk to the County.
W. ASH UTILIZATION R3 generated ash from combustion of cellulosic biomass
will be the ultimate responsibility of R3 and all handling
costs are included in the R3 tipping fees. The current
WASTEC generated ash will continue to be sent by R3 to
the County landfill site due to its nature and the disposal of
that ash is included in the R3 fees.
X. RESPONSIBILITIES OF The County will be responsible for staffing the scale house
NEW HANOVER COUNTY at the landfill site long -term and at the WASTEC facility
during the Transition Period and following the
Commencement Date, as determined by the R3 studies.
Y. MINIMUM TONNAGE The County is also responsible for guaranteeing a minimum
GUARANTEE waste flow of 150,000 tons per year of waste for the
duration of the Contract effective with the Commencement
C -18
778365.3 034093 CTR
Board of Commissioners Meeting
07/12/2010
10 -2 -48
Date.
Z. LANDFILL TAX The $2.00 per ton excise tax; as adopted with the passage of
Senate Bill 1492, is assessed on tonnage of waste disposed
or deemed for disposal via transfer stations or processing
facilities. This excise tax will apply to the total waste
stream over the course of the initial period after the
Commencement Date. However, beginning with operation
of the MRF, this tonnage of waste applicable to the excise
tax will steadily decrease as direct landfill disposal will no
longer be utilized for handling MSW. Any such excise tax
fees due are R3's responsibility and included in the R3 fees.
C -19
778365.3 034093 CTR
Board of Commissioners Meeting
07/12/2010
10 -2 -49
APPENDIX D
CELL 6 -D PAYMENT SCHEDULE
D -1
778365.3 034093 CTR
Board of Commissioners Meeting
07/12/2010
10 -2 -50
APPENDIX E
CONVENIENCE TERMINATION SCHEDULE
E -1
778365.3 034093 CTR
Board of Commissioners Meeting
07/12/2010
10 -2 -51
Addendum to Term Sheet
The Term Sheet shall be amended to reflect that the Company shall be solely responsible for all costs
associated with securing and maintaining the entire ecurity (the Letter of Credit or escrow fund)
throughout the term of the Agreement. The Compa y may request that the County consent to reducing
the amount of the security, but in no event to an am unt less than $1,500,000, at the Smart MRF
Acceptance Date.
7 2jL"') t 0
Board of Commissioners Meeting
07/12/2010
10 -3 -1
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This page intentionally left blank.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: July 12, 2010
REGULAR
ITEM: 11
DEPARTMENT: Governing Body PRESENTER(S): Mary E. Hatcher, New Hanover County Library
Advisory Board Chairman
CONTACT(S): Sheila L. Schult, Clerk to the Board and Harry Tuchmayer, Library Director
SUBJECT:
New Hanover County Library Advisory Board Annual Update
BRIEF SUMMARY:
Chairman Thompson has requested that each New Hanover County board and /or committee appear annually
before the Board of Commissioners to present an update. Please see the attachment for the New Hanover
County Library Advisory Board information.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Hear presentation.
ATTACHMENTS:
New Hanover County Library Advisory Board Information
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Hear presentation.
COMMISSIONERS' ACTIONS:
Heard presentation.
Board of Commissioners Meeting
07/12/2010
11 -0
NEW HANOVER COUNTY
LIBRARY ADVISORY BOARD
Number of Members: 12
Term: 3 years
Regular Meetings: Third Thursday each month at 2:30 p.m. at the Main Library, 201 Chestnut
Street, Wilmington, NC 28401
Statute or cause creating Board: Policy for the Governing and Operation of the Library.
Brief on the functions: To develop necessary policies for the efficient and responsive operation of
the County's public library system. Also responsible for making recommendations to the County
Manager and County Commissioners concerning the operating and capital needs of the library.
Board members are expected to actively promote the library's service program; keep abreast with
trends in public library development and to work for the continued improvement of library services
offered by the County.
Board of Commissioners Meeting
07/12/2010
11 -1 -1
TERM OF OFFICE
CURRENT MEMBERS
APPOINTMENT
EXPIRATION
Richard C. Andrews, Jr.
First 8/18/08
8/31/11
2322 Parham Drive
Wilmington, NC 28403
251 -8712 (H) 762 -7788 (W)
Kemp Magnus Burdette
Unexpired 10/15/07
8/31/08
116 Keaton Avenue
First 8/18/08
8/31/11
Wilmington, NC 28403
264 -8036 (H) 762 -4744 (W)
Bettie H. Harrison
Unexpired 3/10/08
8/31/09
1216 Congressional Lane
First 8/17/09
8/31/12
Wilmington, NC 28411
686 -4954 (H) 620 -4229 (C)
Mary E. Hatcher, Chair
First 8/13/07
8/31/10
1905 E. Lake Shore Drive
Wilmington, NC 28401
762 -7259 (H)
Carroll R. Jones
First 8/17/09
8/31/12
4700 Chamberlain Lane
Wilmington, NC 28409
793 -6401 (H) 619 -6401 (C)
H. Conrad Luhmann, Secretary
First 8/16/04
8/31/07
1515 -3 Village Drive
Second 8/13/07
8/31/10
Wilmington, NC 28401
799 -7664 (H)
Board of Commissioners Meeting
07/12/2010
11 -1 -1
NEW HANOVER COUNTY LIBRARY ADVISORY BOARD (CONY.)
Revised: 12/1/2009
Board of Commissioners Meeting
07/12/2010
11 -1 -2
TERM OF OFFICE
CURRENT MEMBERS
APPOINTMENT
EXPIRATION
Marilyn McConnell
First 8/18/08
8/31/11
1203 Clipper Lane
Wilmington, NC 28405
256 -2630 (H) 352 -8102 (W)
Jacqueline O'Grady, Vice Chair
First 4/18/05
8/31/08
708 Wild Dunes Circle
Second 8/18/08
8/31/11
Wilmington, NC 28411
686 -0148 (H)
Ellen B. O'Malley
First 8/17/12
8/31/12
249 Wetland Drive
Wilmington, NC 28412
791 -4333 (H) 465 -1307 (C)
Jennifer Lynn Rohler
First 8/13/07
8/31/10
1817 Market Street
Wilmington, NC 28403
233 -9849 (H)
Evelyn B. Smith
First 8/17/09
8/31/12
4608 Reigate Way
Wilmington, NC 28409
799 -6081 (H)
Paul D. Walker
First 8/16/04
8/31/07
4924 Park Avenue
Second 8/13/07
8/31/10
Wilmington, NC 28403
791 -3438 (H) 452 -1511
Director: Harry Tuchmayer
File: /Library
New Hanover County Library
B/C #17 8.09
201 Chestnut Street
Wilmington, NC 28401
798 -6301 (Info) 798 -6309 (Adm.)
Revised: 12/1/2009
Board of Commissioners Meeting
07/12/2010
11 -1 -2
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: July 12, 2010
REGULAR
ITEM: 12
DEPARTMENT: Governing Body PRESENTER(S): Connie H. Branch, New Hanover County Parks
and Recreation Advisory Board Chairman
CONTACT(S): Sheila L. Schult, Clerk to the Board and Jim McDaniel, Parks, Gardens and Senior Resources
Director
SUBJECT:
New Hanover County Parks and Recreation Advisory Board Annual Update
BRIEF SUMMARY:
Chairman Thompson has requested that each New Hanover County board and /or committee appear annually
before the Board of Commissioners to present an update. Please see the attachment for the New Hanover
County Parks and Recreation Advisory Board information.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Hear presentation.
ATTACHMENTS:
NHC Parks and Recreation Advisory Board Information
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Hear presentation.
COMMISSIONERS' ACTIONS:
Heard presentation.
Board of Commissioners Meeting
07/12/2010
12 -0
NEW HANOVER COUNTY
PARKS AND RECREATION ADVISORY BOARD
Number of members: 8 (includes one County Commissioner and one Board of Education
Member)
Term of Office: three years - may not serve more than two consecutive terms and cannot be
reappointed until at least one year after the last term.
Qualifications: County resident 18 years of age or more who has a sincere interest and
commitment to the importance of park and recreation services; a willingness to give freely of
time and energy to learn about and to carry out responsibilities; the ability to work well with all
other Board members; complete open- mindedness and respect for varied points of view and
consideration of all Board business; good judgment, intelligence and courage of conviction; a
dedicated interest in the Park and Recreation welfare of all citizens of the county; the capability
of speaking out and articulating parks and recreation needs; the ability to accept and weather
criticism gracefully; the strength to refuse to be intimidated by pressure groups and issues which
are not in the best interest of the whole county; a strong feeling for team work between the
Director, Board of County Commissioners, and other Advisory Board members and a desire to
truly know the community and the recreational needs of all citizens.
Regular Meetings: First Wednesday of each month at 8:00 a.m. in Conference Room 105 of
New Hanover County Administrative Annex Building, 230 Government Center Drive,
Wilmington, NC 29403.
Statute or cause creating Board: Board was established by the Commissioners at their
meeting of June 20, 1988 and adoption of By -Laws Governing the Advisory Board at July 18,
1988 meeting. Board of Education Member included on March 22, 1999.
Compensation: None - member may be reimbursed for actual expenses incurred in the
performance of duties as long as such expense receives the prior approval of the Board of
Commissioners or its designated agencies and is within the approved budget.
Brief on the functions: The Board shall suggest policies to the Department, the Manager, and
the Board of County Commissioners; serve as liaison between the Department, the Manager,
the Board of County Commissioners and citizens of the county; shall consult with and advise
the Department, the Manager, and the Board of County Commissioners in matters affecting
recreation policies, program, personnel, finances, and the acquisition and disposal of lands and
properties related to the total county recreation program, and to its long- range, projected
program for recreation.
The Board shall assume duties for park and recreation purposes as follows: (1) Make
recommendations to set apart land for use as parks, playgrounds, recreation centers, water
areas, or other recreation areas and structures, and suggest improvements of such lands and
for the construction, equipping, and staffing of such buildings and structures as may be
necessary to operate the park and recreation program. (2) Advise in the acquisition of lands
and structures through gifts, purchase, lease or loan. (3) Advise in the acceptance by the
County of any grant, gift, bequest or donation, any personal or real property offered or made
available for park and recreation purposed and which is judged to be of present or possible
future use for parks and recreation. (4) Advise in the construction, equipping, operation, and
maintenance of parks, playgrounds, recreation centers and all building and structures necessary
Board of Commissioners Meeting
07/12/2010
12 -1 -1
PARKS &RECREATION ADVISORY BOARD (CONY.)
or useful to Department function, and advise concerning other park and recreation facilities that
are owned or controlled by the County, or leased or loaned to the County.
Revised: 5/26/2010
Board of Commissioners Meeting
07/12/2010
12-1-2
TERM OF OFFICE
CURRENT MEMBERS
APPOINTMENT
EXPIRATION
Connie H. Branch, Chairman
Unexpired 6/19/06
6/30/2008
6409 Purple Martin Court
First 6/16/08
6/30/2011
Wilmington, NC 28411
686 -5006 (H) 297 -2032 (C)
Dr. Henry D. Browning IV
First 6/19/06
6/30/2009
604 Junction Creek Drive
Second 6/22/09
6/30/2012
Wilmington, NC 28412
772 -8066 (H) 793 -2520 (W)
John M. Coble
First 8/15/05
06/30/2008
5003 Villa Place, W.
Second 6/16/08
6/30/2011
Wilmington, NC 28409
796 -6627 (H) 619 -2829 (C)
Walter R. Conlogue
First 6/18/07
6/30/2010
102 Braxlo Lane
Wilmington, NC 28409
392- 1111(H) 262 -6507 (C)
Dr. Derrick G. Hickey, Vice - Chairman
First 6/19/06
6/30/2009
6101 Old Branch Road
Second 6/22/09
6/30/2012
Wilmington, NC 28409
793 -4283 (H) 409 -2609 (C)
Katie Ryan, Wrightsville Beach
First 2/19/07
6/30/2010
Parks &Recreation Dept.
P.O. Box 626
Wrightsville Beach, NC 28480
256 -7925 (W) 620 -1111 (C)
Board of Education: Donald S. Hayes
7805 Cypress Island Drive
Wilmington, NC 28412
799 -3228 (H) 367 -9543 (C)
County Commissioner: Jason Thompson
Appt. 12/08
230 Government Center, Suite 175
Wilmington, NC 28403
798 -7149 Office 443 -0876 (C)
Director: Jim McDaniel
Manager: Tara C. Duckworth
File: /Parks
New Hanover County Parks and Recreation
B/C #23- 6.09
230 Government Center Drive, Suite 120
Wilmington, NC 28403
798 -7198
Revised: 5/26/2010
Board of Commissioners Meeting
07/12/2010
12-1-2
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: July 12, 2010
REGULAR
ITEM: 13
DEPARTMENT: Health PRESENTER(S): Lenwood S. "Bo" Dean, Jr., President, Board of
Directors, Public Health Foundation of New Hanover County
CONTACT(S): Lenwood S. Dean, President, Board of Directors, Public Health Foundation of New Hanover
County
SUBJECT:
Presentation by the Public Health Foundation of New Hanover County
BRIEF SUMMARY:
Mr. Dean will provide a brief history of the founding of the foundation followed by an update on the
progress of raising funds (two successful golf tournaments) with an explanation of use of the funds (first
grants given to the community). He will also discuss future work and monies being applied for for future use.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Hear presentation.
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Hear presentation.
COMMISSIONERS' ACTIONS:
Heard presentation.
Board of Commissioners Meeting
07/12/2010
13 -0
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: July 12, 2010
REGULAR
ITEM: 14
DEPARTMENT: County Manager PRESENTER(S): Bruce T. Shell, County Manager
CONTACT(S): Bruce T. Shell, County Manager
SUBJECT:
Presentation on ABC Board
BRIEF SUMMARY:
Bruce Shell is reaching completion of his term as Chairman of the ABC Board. He will provide the Board of
Commissioners with their accomplishments and pending items for the Board's consideration.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Hear presentation.
ATTACHMENTS:
Interim ABC Board Accomplishments
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Hear presentation.
COMMISSIONERS' ACTIONS:
Heard presentation.
Board of Commissioners Meeting
07/12/2010
14 -0
New Hanover County ABC Board
Interim ABC Board - List of Accomplishments
For the Period January 4 — June 3 0, 2010
The ABC Board members resigned in January 2010. Also in January, the New Hanover County
Board of Commissioners appointed Bruce Shell, County Manager; Wanda Copley, County
Attorney; and Avril Pinder, County Finance Director; as the three ABC Board members. These
three top -level County employees served as the ABC Board until July 1, 2010. The new Board
appointed by the Commissioners will hold their first meeting on July 14, 2010.
Below is a summary of some of the major actions /decisions by the ABC Board appointed in
January 2010:
Alcohol Law Enforcement: The time and efforts of the contract alcohol law enforcement
agency (New Hanover County Sheriff's Department) were redirected toward alcoholic beverage
control as opposed to store security and cash handling. Also, the Board re- negotiated the local
Alcohol Law Enforcement contract for fiscal year FYI 0 /11.
Financial Concerns Addressed:
• Budget: Instrumental in creating the first budget for the ABC Board. A budget ordinance
was created for FYI 0/11 and it was approved 6/16/2010.
• Independent Auditor: Requested proposals from various CPA firms for financial audit
and related services for FY09 /10 and possibility future years. Screened proposals and
hired a new auditor.
• Accounting, Finance and Administrative Manager: Advertised for a qualified
individual to become the Finance Manager (among other duties) for the Board. Received
information from about 86 applicants, scrubbed the information received, and recruited a
candidate with government experience, a MBA education, and aspirations of becoming a
CPA. This was accomplished within the lower section of the hiring range.
• Purchase Order System: Computer software was purchased and installed for a purchase
order system to provide better accountability and control over large purchases.
Customer Service Expanded:
• Carolina Beach Liquor -by- the -Drink (LBD) Sales Outlet: The Board worked toward
expanding customer service to LBD permit holders at Carolina Beach and Kure Beach. These
permit holders are required to make a trip to Wilmington to pick -up spirituous products. This
consumes quite a bit of time especially during the high - traffic summer months. The Board
voted on and approved and a LBD sales outlet to service local permit holders at the Carolina
Beach ABC store. The project is scheduled to be functional the first week of July.
• Drink Recipe Computers: Drink recipe computers were priced and purchase was
subsequently approved for installing these computers in four of the larger ABC stores.
Installation is scheduled for July 7 th
• Castle Hayne ABC Store: Entertained the possibility of re- opening the store which closed
in 2007. Subsequently a projected list capital expenditures and period expenses was prepared
and a breakeven scenario was created. The decision was made to proceed and the store
opened near the middle of June.
Pagel of 3
Board of Commissioners Meeting
07/12/2010
14 -1 -1
New Hanover County ABC Board
Interim ABC Board - List of Accomplishments
For the Period January 4 — June 3 0, 2010
Human Resources:
• Employee Benefits Improved & Better Aligned: Employee benefits were studied; the
purpose was not only to reduce expenses, but also to closer align the Board with County
government's benefits. As a result, the quality of life was also increased for Board
employees.
• Longevity Pay: An equitable method was created and established to eliminate longevity
pay for Board employees. Longevity pay will no longer exist after the December payout.
• Group Health Insurance: The current plan was compared to alternative plans. The study
revealed that a significant amount of money could be saved without any adverse affects
to the employees. In fact, the employees benefited because the co -pays and out -of- pocket
expenses were less. The Board voted to pursue the change in health insurance providers
which will be effective August 1 The lower insurance rates will also materially reduce
the present value of the amount to be deposited in regards to the Retiree Healthcare Plan.
• Group Dental Insurance: The ABC Board did not have group dental insurance. The
Board voted to provide this benefit which will be invaluable to the employees. It also
brought the ABC Board more in -line with County government benefits.
• Section 125 Flex Benefits & Premium Only Plan: The Board did not have a method to
allow employees to make "before tax" payroll deductions for health related expenses or
health /dental insurance premiums. The Board voted to create applicable policies and to
fund these plans which will be effective August 1st
• Health Reimbursement Account (HRA): The ABC Board's health insurance plan has a
high deductible ($1,000). The Board voted to create an HRA account which effectively
lowered the employee's annual deductible to $500.00. This will be effective August 1st
• Life Insurance /Death Benefits: The Board was not participating in the Local
Government Employee Retirement System (LGERS) death benefit program. However, it
was providing supplement life insurance; the coverage ranged from $12,500 to $50,000
based on job position. The LGERS program provided higher amounts of coverage,
required less administration, was more equitable overall, and the increase in cost was
insignificant. The Board voted this in and it took effect July 1 st
• Employee Turnover: Several key employees retired during the interim period including the
General Manager, the Operations Manager, the Office Manager and two store managers.
Qualified personnel were either recruited or promoted from within to fill the vacancies. There
was no financial or other conclusive evidence that the ABC system or the customer base
suffered.
• Pay Plan: Established a comprehensive pay plan for various Board positions which was in-
line with the County government and other comparable ABC Board.
Policies: Several important policies were created, such as:
• Procurement Policy — provides bidding procedures, both formal and informal, purchase
orders and budgetary requirements.
• Travel Policy — required by NC Administrative Code - provides written guidelines,
allows for per diem meal reimbursement, and requires documentation for reimbursement.
ABC Board appointees are subject to the same travel policy as employees.
Page 2 of 3
Board of Commissioners Meeting
07/12/2010
14-1-2
New Hanover County ABC Board
Interim ABC Board - List of Accomplishments
For the Period January 4 — June 3 0, 2010
• Cell Phone Policy — establishes an allowance plan for employees. Any allowances paid
are taxable income to employees and reported to the IRS on the employee's annual W2.
• Cash Management and Investment Policy — clarifies portfolio, custodial, banking,
disbursement and reporting requirements.
• Signature Policy — outlines who has authority to enter into contracts on behalf of the
ABC Board.
• Ethics Policy — is the resolution NC Governor Purdue requested all local ABC Boards to
adopt.
• Internal Control Policies — provides guidelines for internal control procedures.
• Various Personnel Policies (including, nepotism, gifts and favors, personal appearance,
Family & Medical Leave Act, etc).
Miscellaneous / Pending:
• Board of Commissioners submitted a request to the General Assembly for a local act to
increase the ABC Board membership from three to five.
• State ABC Commission continues to work for policy changes with NC legislators
• Operational changes related to property acquisitions have been tabled for future action of
the incoming ABC board.
• Avril Pinder and Wanda Copley will continue to serve the New Hanover County ABC
board but in different capacities.
Page 3 of 3
Board of Commissioners Meeting
07/12/2010
14 -1 -3
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: July 12, 2010
REGULAR
ITEM: 15
DEPARTMENT: Planning PRESENTER(S): Wanda Coston, Community Development Planner
CONTACT(S): Wanda Coston, Community Development Planner
SUBJECT:
Public Hearing
2007 Scattered Site Housing Program (SSHP) - Community Development Block Grant (CDBG)
Program Closeout
BRIEF SUMMARY:
In accordance with CDBG Program requirements, a public hearing must be held to closeout the 2007
Scattered Site Housing Program (SSHP) for New Hanover County. Four very low income, owner - occupied
households received housing assistance. Two households received replacement homes and two households
received housing rehabilitation assistance. Three of the four households were female - headed households.
The average cost of the two replacement homes was $95,602.50 and the average cost of the two homes that
were rehabilitated was $48,612. The total cost to implement the SSHP was $355,616.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Request Commissioners to:
1) Conduct public hearing in accordance with the CDBG requirements to solicit citizen
input concerning the closeout of the County's 2007 Scattered Site Housing Program;
and
2) Authorize the Chairman to sign the CDBG Closeout Performance Report and Certificate
of Completion.
ATTACHMENTS:
2007 SSHP -CDBG Closeout Documents
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
COMMISSIONERS' ACTIONS:
Conducted public hearing and authorized the Chairman to sign the CDBG Closeout Performance Report and
Certificate of Completion 5 -0.
Board of Commissioners Meeting
07/12/2010
15 -0
NORTH CAROLINA, DEPARTMENT OF COMMERCE
DIVISION OF COMMUNITY ASSISTANCE
SMALL CITIES COMMUNITY E ELOP IrENT BLOCK GRANT PROGRAM
CLOSEOUT PERFORMANCE REPORT
Cover Sheet
Grantee Name: New Hanover C Grant Number: 07 -C -1 667
Grantee Address: 230 Government Center Drive Ste. 175
1. Citizens' written Comments. (Attach the following three items unless each 'Item was previously submitted ti
which case they may be incorporated by reference.)
a. A copy of each written citizen co mment, which was received during the reporting period on
the grantee's com munity development performance under this grant;
b. The grantee's assessment of the c omment; and
C. A description of any action ta ken o r to be taken in response to the co rr m nt as required b y
NCAC 19L.1002.
2. The grantee's authorized off i i I re presentative must ce rtify the following:
a. To the best of his /her knowledge and belief, data in this report is true and correct;
b. The records described in 4 NCAC 19L.0911 are being maintained and will be made available
upon request; and
C.
In accordance with Section 1 1 9) of the Housing and Community Development Act of
..9 '4, the assistance made available under this CDBG grant is not substantially reducing,
below the level of support prior to start -up of the CDBG grant reported here, the amount of
local financial support for community development activities.
Jason R. Thompso
Typed Name of Chief Elected Official/Authorized Representative
Signature of Chief Elected official /Authorized Representative
Preparer Information
Chairman
Title
12-Jul-1
Date
Name: Wanda B. Coston
Address: 230 Government Center Drive, Ste. 110
Telephone Number: 0- 798 -7442
Email Address: wcoston@?nhcgov.com
Board of Commissioners Meeting
07/12/2010
15 -1 -1
DIVISION OF COMMUNITY ASSISTANCE
CDBG Closeout Forms
Grantee
Grantee Address
Grant Number
Project Name
1st Project Number
2nd Project Number
3rd Project Number
Period
Authorized Representative
Name
Title
Preparer of Information
ran
Address
Telephone Number
Email Addr
Property acquired with DDBG funds?
New Hanover County
230 Government Center Drive, Ste.175
07-Cl 667
2007 SSP for New Hanover County
C
I Jason R. Thompson
l Chairman, Board of Commislo ers
Wanda B. Coston
230 Government Center Drive, Suite 1
910-798-7442
I
E]Yes Q No
Board of Commissioners Meeting
07/12/2010
15 -1 -2
DIVISION OF COMMUNITY ASSISTANCE
CDBG Closeout Forms
Grantee
Grantee Address
Grant Number
Pro ject Name
't Project Number
2nd Pro ject Number
3rd Project Number
Period
Authorized Representative
Name
Till
Prparer of Information
Name
Address
Telephone Number
Email Address
Property acquired with CDBG funds?
New Hanover County
230 Government Center Drive, S e,
07 ,, Cl 667
2007 SSP for New Hanover County
0
Jason R. Thompson
Chairman, Board of Con misioner
Wanda B. Colton
--3 Government Center Drive, Suite 11
910-798-7442
wcoston@?nhcgov.com
[ El Yes [] No
Board of Commissioners Meeting
07/12/2010
15 -1 -3
Accomplishments and Beneficiaries
Grantee New Hnover County
Activity Name
Project:
Clearance Activities
Grant Number 07
Acct Number 1034
Activity Code
Budgeted ,500.00 Ex pended
. ................
007 SSHP fo N ew Hanover o u my
1 X
L
41 , .00
Proposed A ct ail
Lin Feet
- --- - - - - --
Properties
Units, Dwellin
.......... . ......... .
Households by percentage of HUD Median Family Income Levels
Above Moderate Income Households > 80
................... .
Moderate Income Household 51-80
Lover Income Households 30-50
...... ........ ........ . . .
Very Low income Households BO
B
T Households
............ .
Persons by percentage o f HUD Median Family Income Levels
Above Moderate Income Households > Bo
Moderate Income Households 51-80%
- - -- - - -- - ---
Low Income Households 30-5
Very Lour I ncome Households o
B
Total Persons - -
3
Jobs
Micro Enterprise
...... .......... .
Female Head of House
Hispanic
Ameri Indian or Alaska Nature
........... Asian
............................... .
Black or African American
Native Hawaiian or other Pacific Islander
White
American In dian or Alaska Native & Whit
.................. .. ...
Asian & White
Black or African American & White
American Indian or Alaska Nature & Black or African American
Other Multi Racial
Non - Hispanic
American In dian or Alaska nature
Asian
- - - - -- - -- - - ----------
Black or African American
2 �
Native Hawaiian or other Pacific Islander
Wh it e
1
Am encan Indiarn or Al aska Native & White
Asian & Whit
Black or African American & White
American Indi or Alaska N at ure & Black or African A merican
. -- -- -- - -- --- - - - - -
oth Mu Racial
Board of Commissioners Meeting
07/12/2010
15 -1 -4
Accomplishments and Beneficiaries
Grantee New Hanover County
Activity Name
Project:
Relocation Assistance
Grant lumber 07 - --1667
Acct Number 103
Activity Code
Budgeted $212,055.00 Expended
1
Ll
... ....... _
2007 SSHP for New Hanover County
$191
Proposed Actual
Linear Peet
......................... .
Properties
Persons by percentage f HUD Median ian Far it r Income Levels
.......................... ............................... .
Above Moderate Income Household 0%
----- - - - - -- - -- - .......... .
Moderate Income Households 51-80%
Low Income Households 30-50%
Very Low Income Households 30 3 2
- -- - -- ................... _....... ............................... _... - -- - - -- - ................. .
Total Pers
Jobs
............ ............ .
Micro Enterprise
Female Heard of Household
Hispanic
American Indian or Alaska Native
Asian & white
Black or African American & white
Americarn Indiarn or Alaska Native & Black or Africarn American
- - ... - .. ............................... - - - - -- -- - - . _ ... __..................... -- - -- -- - - - -- -- _ .
Other Multi-Racial
- - ..... .
Non-Hispanic
American Indian or Alaska native
Asian
Black or African American 2 1
Native Hawaiian or Other Pacific Islander -- - - - - --
white 1
American Indian or Alaskan Dative & white
- --- - --------- ..... -
Asian & White
Blank o African American & white
__..... - ......... -- -- --
American Indian or Alaska Dative & Black or African American
Other Multi-Racial
Board of Commissioners Meeting
07/12/2010
15 -1 -5
Accomplishments and Beneficiaries
Grantee Now Hanover County
Activity Name
Project:
Rehabilitation, Private
Grant Number 07-C-1667
At Nu mber 1042
Activity Code 9A
Budgeted $97,224.00 Expended
2007 SSHP for New Hanover County
C1 X
L1
$
Proposed Actual
Linear Feet
Properties
Units, Dwelling
Households s percentage of HUD Median Family Income Levels
Above Moderate Income Households > 80%
Moderate income Households 51 -%
:.......................... .
Low Income Househ 30-50%
Very Low Income Households 30 1 2
Total Households 2
Persons by percentage of HUD Median Family Income Level
Above Moderate Income Households > 80%
Moderate Income Households 51-80%
Low Income Households 30-50%
Asian & white
Black or African American & white
American Indian or Alaska Nature & Black or African American
ether Multi- Racial
_.. _ ..... -. -- - ----- ...... .
Ikon- Hispanic
American Indian or Alaska native
Asia n -
Black or African American 0 1
Native Hawaiian or other Pacific Islander
White 1
American Indian or Alaska Native & white
------------ - - - - -- - - .
Asian & white
Black or African American & White
American Indian or Alaska Native & Black or African American _.
Other Multi- Racial
Board of Commissioners Meeting
07/12/2010
15 -1 -6
Accomplishments and Beneficiaries
Activity Name
Project:
C1 X
Ll
$250.00
Planning
2007 SSHP for New Hanover County
Pr Actual
Linear Feet
New Hanover County
Grantee
Grant Number
07-C -1567
Acct Number
105
Activity Cade
1
Budgeted
$250.00 Expended
Activity Name
Project:
C1 X
Ll
$250.00
Planning
2007 SSHP for New Hanover County
Pr Actual
Linear Feet
Properties
Units, Dwellin
Households by percentage of UD Median Family Income Levels
Above Moderate Income Households > 80%
Moderate Income Households -
................... .
Low Income Households -50%
Very Low Income Households BO -
Total Households
Persons by percentage of HUD Median Family Income Levels
........... ............................... .
Above Moderate Income Households
Moderate income Households 51-80%
Low Income Households -50%
--
Very Low Income Households 0
4 4
Total Persons
Jobs
. .......... . .....
Micro E nterprise
Female Head of Household
Hispanic
American Indian or Alaska Native
Asia n
Black or African American
Nativ Hawaiian or Other Pacific Islander
......................... .
White
A n Indian or Al a s k Native & White
Asian & White
Black or African American & White
American Indian or Alaska Native & Black or African American
Other Multi-Racial
Non-Hispanic
American Indian or Alaska native
Asian
.---- - - - - --
Black or African American
2 2
Native Hawaiian or Other Pacific Islander _ - - - - - --
White
2 2
American Indian or Alaska Native & White
Asian & White
Black or African American & White
American Indian or Alaska Native & Buck or African American
Other Multi- Facial
Board of Commissioners Meeting
07/12/2010
15 -1 -7
Accomplishments and Beneficiaries
Grantee
Grant Number
Acct Number
Activity Code
Budgeted
New Hanover County
7- -1667
1 n en
1
$24,971.00 Expended
Activity Name
Project:
$24,971.
2007 SSHP for New Hanover County
1 X
Ll
Administ
Proposed Actual
Linear Feet
Properties
Units, Dwelling
4
Households by percentage of HUD Median Family Income Levels
Above Moderate Income Households
...................................................
............................... ..
Moderate Income Households 51-80%
....... ............................... .
Low Income Households -5
Very Lo w In Households
4
Total Households
Persons by percentage o f HUD Median Family Income Levels
Above Moderate Income Households
Moderate Income Households 51--80
Low Income Households -5
Very Low Income Households 8
Total Persons
4 4
Jobs +
Micro Enterprise
Ferrule Head of Household
Hispanic
American Indian or Alaska a Native
Asian
Black r African American
Native Hawaiia o Other Pacific Islander
wh ite
American Indian or Alaska Native & white
Asian & White
Black or African American & white
American Indian or Alaska Native & Black r African American
- - -- ---------
Other Multi- Racial
Hors- Hispanic
American Indian or Alaska native
Asian
Black or African American
Native Hawaiian or Other Pacific Islander
White
Ar eri an Indian o Alaska N ative & white
Asian & White
Black or African American & White
American Indian or Alaska Native & Black r African American
Other Multi- Facial
Board of Commissioners Meeting
07/12/2010
15 -1 -8
NO R T H C DEPARTMENT OF COMMERCE
CDBG FINAL PERFORMANCE REPORT
GRANT CVO. - -1667
PROJECT NO. C 12-J u 1-1
USE OF PROGRAM INCOME PAGE
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N /A
N/A
Will grantee exceed $25,000 in Program Income during the next 12 months.? No
What is the approximate date for exceeding $25,000 in Program Income?
N/A
#116 -F (4/97)
Board of Commissioners Meeting
07/12/2010
15 -1 -9
CER'T'IFICATE OF COMPLETION
L G rantee: New Hanover Counter 2 . G rant N umber: 7 -C -1667
. Project Name: 2007 SSHP for New Han over Coun 4. Project N umber: C
C� «,.�.�.�.�, yr„ ,•..�.l�, ..:cw wn.,,.�.,c M.,. xa '�"'�; « „EV/"!v a °z,:w~K•~~~.%� `� •��v;,.': ✓..fi�'
� .v ; :' < ».vn�.•m �. a� e ',, , .r5;� , •;.�. .¢ ,. , r.. -,. „,. �,� »,, � .`,"'"....,.. ...r ,x•: < �-¢ . '.' . my�'. �� �•� ,,.C`r• , �`•�.«, ,� r ,,.��,�,�' C�","„".:: " ...rw ��� , N � %,
�� v`'xv,.,:✓ .r;;;, w >«;.;w.,� :,,xF"�f° � '�,+ w ✓.; o nc''i - w k , ,. c , #� �^..,,,,r
n ^• °' vim' ^,�. 0 1
- y`un
T o B e Completed by Recrprer't
�
Wald Costs
U npai d Costs
Tota C osts
Approved
Program Activity Categories
C1. b + e
Total Costs
(a)
b
d
e
a. Acquisition
$0.00
$0.00
b. Dlsposition
$0.00
$0.00
c. Public facEIEties an im pro ements
1 Senior an handicapp centers
$0.00
$0.00
2 Parks, playgrounds and recreation facilities
$0.00
$0.00
3 Neighborhood facilities
$0.00
$0.00::
4 Solid waste disposal - facilities
$0.00
$0.00
5 Fire protection - f acilit ies and equipment
$0.00
$0.00
6 [parking facilities
$0.00
$0.00
7 Street improvements
$0.00
$0.00
( Flood and drainage improvements
$0.00
$0.00
9 .Pedestrian im provements ents
$0.00
$0.00
10 Other public facilities
$0.00
$0.00
( 1 1) wcr improvements
$4.00
$0.00
12 Water im
$0.00
${x.00
d. Cl earance activities
$41
$41
e. Public services
$0.00
$0.00
f. Relocation assistance
$19 1,205.00
$191
g. Construction, re hab. and preservation activities
1 Construction or rehab. of corn. & Indust. bidgs.
$0.00
$0.00
2 Re of privately owned buildings
$97
$97,224.00
3 Reha of publicly owned b ui ld ings
$0.00
$0.00
4 Code enforcement
$0.00
$0.00
5 Historic preservation
$0.00
$0.00
h, Development financing
1 Working capital
$0.00
$0.00
2 Machinery and equipment
$0.00
$0.00
i. Removal of architectural barriers
$0.00
$0.00
j. Other activities
$0.00
$0.00
. Subtotal
$334,395.4
$330,395.00
1. Planning
$250.00
$250.00
rn. Administration
$24,971.00
$24
$355,616,00
n. Total $355,61 6.00
o. Less; Program Income Applied to Program Costs
$0.0
7p.Equal: Grant Amount Applied to Program Costs $355
$355,6 16.00
ry..
ry.:... n
T
:. Co' it 1
Description
:.:: Recrp
a
mount Approved Amount
b e
1 Gr ant Amount Applied To Program Costs (From Lilo p )
$355,61 6.00
2 Estimated Amount For 'Unsettled Third - Party Claims
3 Subtotal
$355,016.00
(4 ) Grant Amount Per Grant Agreement
5 Unutili ed Crain To Be Canceled Line 4 Minus Line
$ (355,61 x.00
6 Grant Funds Received
Balance o Grant Payable Line 3 Minus Line *
$355,016.00
If L ine 6 exceeds ine 3, enter the amount of the excess on Line 7 as a negative amount. This amount shall be repaid to D C by
check, unless D C has previously approved use of these funds.
Board of Commissioners Meeting
07/12/2010
15 -1 -10
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: wl.. n.;.". �. �':: w. t�'°. k...; w.... v..... r:!'+ Kw.;? 4.. �n» >kk(r<:�_<r<.^:r:fyy , � "S:ww' !'J� ..�.. .. �,r�'k�„�%1.. �.�:�" � r f � < -'� '<" �. �-, vkv. r. �S. ' r. \ s. vt{:�.'�c-.wn�::ll":"•` �� .� �"'�C k,r �w cd do ^c,✓!�
a) Amount o f existing program income: $0.00
b Amount of anticipated program income: $0.00
c) if program income exists or is anticipated, describe the proposed application :
Are there any uupald costs or unsettled third party claims against the recipient's grant' Type yestt or "no.'s No
If yes, In the box below describe the circumstances and amounts involved.
Please note that aII financial records, supporting documents and other records pertinent to the comm velopment program
must be retained for a minimum of five years from the date of this letter.
❑This grant is closed pending the Division of Community Assistance receipt and approval of your final audit. Any findings noted
in that audit will be the responsibility of the
Town
City
Cou my El
" 11 . , ��
�,C,^''"'�, z-
MEN, ° v., . ..^, ... .°:' o .n ,, . " ,.:� ,rya
n.. ,,, �.
v
, one ,
It is hereby certified that all activities u. n dertaken by the Recipient with funds provided under the grant agreement identified on
page 1 hereof, Dave, to the best of any knowledge, been carried out in accordance with the grant agreement; that proper provisions
have been made by the .Recipient for the payment o f a unpaid costs an unsettled third party claims identified on page I h ereof-,
that the State of forth Carolina is under no obligation to make any further payment to the recipient under the grant agreement In
excess of the amount identified on Line 7 hereof-, and that every other statement and amount set forth in this instrument is, to the
best of my knowledge, true and correct as of this date.
Date 'Typed Naive and Title of recipient's Signature of Recipient'
Authorized Representative Authorized representative
.July 12, 2010 Jason R. Thompson
(Name)
Chairman
DOC A pproval
is Certification of Completions is hereby approved. 'Therefore, i authorize cancellation of the unutilized contract commitment an
related funds reservation and obligation of , less previously authorized for cancellation
from Section 6, line 6, page 1).
Date Typed Marne and Title of D C Signature of D C's
Authorized Representative Authorized Representative
Gloria Nance-Sims
D
Board of Commissioners Meeting
07/12/2010
15 -1 -11
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: July 12, 2010
REGULAR
ITEM: 16
DEPARTMENT: Planning PRESENTER(S): Chris O'Keefe, Planning & Inspections Director
and Jane Daughtridge, Planning & Zoning Manager
CONTACT(S): Chris O'Keefe, Planning & Inspections Director and Jane Daughtridge, Planning & Zoning
Manager
SUBJECT:
Public Hearing
Exceptional Design Zoning District (EDZD) Rezoning Request (Z -904, 6/10) — Request by Flournoy
Development Company, LLC to Rezone Approximately 17.56 Acres at 7000, 7004, and 7008 Market
Street; 1715, 1725, and 1731 Prospect Cemetery Road; and 75 Snug Harbour Drive from R -15
Residential District and B -2 Highway Business District to Exceptional Design Zoning District (EDZD)
BRIEF SUMMARY:
At its June 3, 2010 meeting, the Planning Board voted 4 -1 to recommend approval of the proposed rezoning
but expressed concerns about access to the site and encouraged finding additional street access to the project,
either through Snug Harbor Drive or some other alternate connection. One person spoke in opposition to the
proposal citing traffic concerns and concerns for protection of Prospect Cemetery.
The site is classified as Watershed Resource Protection on the 2006 CAMA Land Classification Map.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
ACTION NEEDED: Adopt a statement in accordance with NCGS 153A -341 which requires that "Prior to
adopting or rejecting any zoning amendment, the governing board shall adopt a statement describing whether
its action is consistent with an adopted comprehensive plan and explaining why the board considers the
action taken to be reasonable and in the public interest."
EXAMPLE 1 (Approval): The County Commissioners find that this request for zoning map amendment from
B -2 Highway Business District and R -15 Residential District to Exceptional Design Zoning District as
described is :
1. Consistent with the purposes and intent of the 2006 CAMA Land Use Plan with regard
to establishing standards for exceptionally designed development, even though it is
inconsistent with Policy 5.4 because of conflicts with the currently approved
Transportation Improvement Plan for this location.
2. Reasonable and in the public interest to rezone approximately 17.56 acres at the
intersection of Military Cutoff Road and Market Street from B -2 Highway Business
District Highway Business District and R -15 Residential to EDZD Exceptional Design
Zoning District and award bonus density for a total of up to 16 residential dwelling units
per acre because the preferred alternative design has not been finalized for the proposed
changes to this intersection.
EXAMPLE 2 (Denial): The County Commissioners find that this request for zoning map amendment from
B -2 Highway Business District and R -15 Residential District to Exceptional Design Zoning District as
described is not
1. Consistent with Policy 5.4 of the 2006 CAMA Land Use Plan because it is inconsistent
Board of Commissioners Meeting
07/12/2010
16 -0
with the currently approved Transportation Improvement Plan for this location.
2. Reasonable nor in the public interest to establish a high density residential district with
limited connectivity or alternative accesses in a location currently scheduled for significant
alteration as part of a planned limited access roadway int
CASE #: Z -904 (6/10)
APPLICANT: Flournoy Development Company, LLC
REQUEST: Rezone approximately 17.56 acres made up of seven parcels at the intersection of
Military Cutoff Road and Market Street from B -2 Highway Business and R -15
Residential to EDZD Exceptional Design Zoning District.
This is the second application to be reviewed under the new Exceptional Design Zoning District option.
The applicant proposes an apartment complex and is hoping to qualify for a total of 16 units per acre.
PLANNING BOARD ACTION.- At its June 3, 2010 meeting, the planning board voted 4 4 to
recommend approval of the proposed rezoning but expressed concerns about access to the site and
encouraged finding additional street access to the project, either through Snug Harbor Drive or some
other alternate connection. One person spoke in opposition to the proposal citing traffic concerns and
concerns for protection of Prospect Cemetery.
Staff Recommendations in accordance with Section 53.6. S
Planning staff, in consultation with other appropriate departments or personnel, shall prepare a written
report to the planning board and board of commissioners, containing the following findings:
(1)As to the suitability of the proposals for the general type of function, the physical
characteristics of the land, and relation of the proposed development to surrounding areas
and existing and probable future development.
The project consists of seven parcels totaling approximately 17.5 acres zoned B -2 Highway
Business District (1.6 ± acres) and R -15 Residential District (15.9 ± acres). The B -2 district is the
County's most inclusive commercial district and allows for a broad range of commercial uses.
The B -2 portion of the site fronts Market Street and is currently used for boat sales, repair and
storage; approximately two acres of impervious surface would be redeveloped. The R -15 district
is principally designated for residential purposes at a maximum density of 2.5 units per acre,
however by rezoning to the Exceptional Design Zoning District, the applicant could be able to
build to a higher density. The applicant is proposing a density of 16 units per acre. The R -15
parcels are undeveloped wooded lots, surrounded by single- family, medium density residential
development and a cemetery. Specifically, northeast of the project is the El Ogden subdivision;
south and southeast of the project is Covil Crossing at Covil Estates and Pepper Tree at Covil
Estates subdivision; and to the southwest is Prospect Cemetery.
The undeveloped properties consist mostly of densely vegetated uplands with a dense mix of
mature and young loblolly pines and hardwoods, including live oak, magnolia, water oak, and
yaupon. A 100 -foot powerline easement runs along the eastern perimeter of the project and
contains a portion of a .33 acre wetlands in the southeastern corner. The site plan indicates a 100'
no -build area around the wetlands in order to satisfy one required element of the EDZD. The
project also proposes a constructed stormwater wetland to prevent water quality degradation and
allow treated water to replenish the existing wetland area to help satisfy the LID component of
the project.
Z -904 (6/10)
Page 1
Board of Commissioners Meeting
07/12/2010
16 -1 -1
A ditch runs along the southeastern project boundary. A small swale, containing ponded water is
located in the center of the site and connects to the ditch. An environmental summary provided
by Land Management Group, Inc. indicated that no protected or significant species in the NC
Natural Heritage Inventory were observed, but the wetlands located in the powerline corridor may
provide suitable habitat for some federally protected plant species. The consultant suggests that
this area should be re- evaluated during the plants' flowering period (mid- to late June) to
ascertain definitively the existence of these species.
The project proposes the redevelopment of Pages Creek Marine Services, Inc. and infill
development for the remainder of the properties. The location is suitable for various types of
residential development because it is surrounded by residential development and located within a
half -mile walking distance of a variety of services. However, a high- density project located
within a watershed resource protection land classification would not be consistent with the
County's plans for growth and development without exceptional design standards to protect
natural resources. The 2006 CAMA Land Use Plan classifies areas within 1 /2 mile of the 100 -year
flood plain along tidal creeks as Resource Protection areas so that intensive development will not
create undue stormwater runoff pollution. The Exceptional Design Zoning District translates
CAMA land use policies into strategies including requiring projects to minimize new impervious
surfaces, retrofit protection measures to improve water quality of runoff from existing impervious
surfaces and promote low impact best management practices for development and redevelopment.
The proposal intends to be a gated apartment complex, thereby isolating it rather than integrating
it into the surrounding area. The project also disappoints because of its inability to provide
meaningful interconnectivity for alternate flows of vehicular traffic. The connection to planned
bicycle routes and a proposal to provide a transit shelter in close proximity should help offset the
interconnectivity weakness. However, this location is slated for extensive future transportation
improvements discussed in section (3) of this summary. Transportation improvements can be
expected to have a significant impact on this proposal.
Staff concludes that this proposal suits the function and characteristics of the land but is
inconsistent with future transportation plans for the area.
(2) As to the sufficiency of supporting evidence in the application showing that the proposed
location can meet the basic criteria for exceptional design.
Supporting evidence provided by the applicant is sufficient to show that if the planned
transportation improvements are not considered, the project can likely meet most of the
requirements for an Exceptional Design Zoning District (EDZD). However, when those planned
improvements are taken into consideration, the proposed site plan would not be able to satisfy one
of the district regulations which states that "a district may not extend across any major or minor
arterial roadway unless the district proposes multiple, unified phases of mixed uses having safe,
signalized vehicular, pedestrian and bicycle facilities to connect the projects." Certain
requirements such as LID approval and water efficient landscaping will be fully confirmed when
the final plan is reviewed by TRC. Additionally, exceptional design district requirements (and
bonus points) will need to be confirmed during the first phase of development or prior to
Z -904 (6/10)
Page 2
Board of Commissioners Meeting
07/12/2010
16-1-2
completion of 24 units (whichever occurs first) to determine compliance. The site plan also shows
encroachments into a major power easement that influences the property. The applicant has said
that preliminary discussions with the power company regarding the parking encroachment indicate
this arrangement may be allowed by them, but no documentation has been provided to support this
or the need for perpetual maintenance of a buffer within the power easement. EDZD standards will
allow for the placement of buffers within a large utility easement, but only with a written
agreement from the holder of the easement for perpetual maintenance of the buffer. Such an
agreement will be required to be executed prior to approval of final plans.
To meet the core six criteria, the project qualifies under the smart location option utilizing a
combination of redevelopment and infill development. Public water and sewer infrastructure are
located at two locations adjacent to the project; capacity is currently available to serve the project.
No protected or significant species in the NC Natural Heritage Inventory were observed during the
survey, but the wetlands located in the powerline corridor may provide suitable habitat for
federally protected species. The project contains approximately .3 3 acres of wetlands in the
southeastern corner, and the site plan indicates a 100' no -build area around the wetlands. Pet
waste stations will need to be indicated on the site plan and maintenance schedule provided during
TRC review to fully meet this standard. The project is not located within a 100 -year floodplain.
Finally, the project proposes a variety of low impact development techniques to manage
stormwater runoff including installation of infiltration basins, vegetated conveyances, permeable
pavement, rainwater cistern, and constructed wetland to round out the core six requirements.
In addition to the core six requirements, the applicant must also accrue 12 points from the list of
additional criteria. The project appears to meet the required core + 12 points and requests award of
ten (10) bonus points with the application of several elective criteria. The following are the
criteria that are being incorporated into the plan:
2 points Bicycle and Pedestrian Access —Two bike /ped access points are indicated on
the site plan. One pathway will connect to Snug Harbour Drive and will provide
an important connection for the Amberleigh Shores residents to the proposed
Covil Farm Road multi -use path. Staff recommends that a bicycle lane be striped
along Snug Harbour Drive (a private road) to protect cyclists /pedestrians or share
the road signs be posted to demarcate the path. The Covil Farm Road multi -use
path provides an important connection for the residents to the Military Cutoff
Road segment of the Cross -City Trail system — a 10 -mile long off -road multi -use
path. In addition, bicycle racks will be provided at 1 space /10 dwelling units
within the proposed project.
2 points Proximity to jobs - 292 full time jobs were identified within a 1 /2 mile walk
distance of the project, which exceeds the proposed 273 dwelling units.
4 points Diversity of uses — Three retail uses and four services were identified within 1 /2
mile walk distance of the project.
Z -904 (6/10)
Page 3
Board of Commissioners Meeting
07/12/2010
16 -1 -3
2 points Conservation Management of Habitat/Wetlands — The developer will
implement best practices for the preservation of the wetlands by leaving it in its
natural state by imposing a 100' no build area around the wetlands and
establishing a constructed wetland adjacent to the wetlands to collect and filter
stormwater runoff and to maintain a water supply to the established wetlands.
Maintenance of the constructed wetland will be provided by the property owner.
Restrictive covenants are to be established to protect the wetlands from
disturbance other than for a boardwalk or educational signage if permissible in
the powerline easement
4 points Transit Building - The project is located within 1 /4 mile of transit and the
developer proposes to earn these points by contributing a payment to WAVE
Transit sufficient by WAVE Transit's estimation for the construction of a future
shelter within 1 /4 mile of the project. No confirmation of that arrangement has
been received from WAVE Transit at this time and no points should be granted
without written commitment from both parties to serve this development as
intended by the EDZD standards. This can to be confirmed by a written
agreement between the applicants and WAVE Transit committing to locate a
shelter sufficient to meet this option prior to final plan approval. Additionally,
informational signage about transit routes will be displayed within the clubhouse.
2 points Certified Green Building - One apartment building type IV is proposed LEED
certified through the US Green Building Council.
4 points Minimum Building Energy Efficiency - Ninety percent of the residential
buildings will meet Energy Star criteria.
2 points Water Efficient Landscaping — Turf will be limited to 25 %; installation of a
cistern with drip irrigation will reduce the need for potable water.
Staff concludes that this proposal meets the core requirements and exceeds the minimum
additional requirements for the exceptional design zoning district but if any of the currentlX
nronosed alternatives are annroved for the interchange at Military Cutoff Road and Market Street.
thT�lect will not meet the district regulations outlined in section 53.6 4(3) of the New Hanover
County Zoning Ordinance which state that, "A district may not extend across any malor or minor
e ..� e e e
arterial roadway unless the district proposes multiple, united development phases of mixed uses
e v �
havingssafe, sig nalized vehicular, pedestrian and hicycle�facilities to connect the pro jects. „
(3) As to the relation to major roads and mass transit facilities, utilities and other facilities and
services.
There are two access points proposed for this development, but both are right -in, right -out only,
and the site plan merges the two into one gated entry point into the apartment complex. The
existing frontage road off Market Street currently provides access to the Pages Creek Marine
Z -904 (6/10)
Page 4
Board of Commissioners Meeting
07/12/2010
16-1-4
Services and Prospect Cemetery. From Military Cutoff Road, a small frontage road serves the site
and is approximately 50 feet south of the Market Street intersection; however, the proposal
relocates the access approximately 200 feet south of the Market Street intersection on land owned
by NCDOT in an effort to reduce conflicts so close to the traffic signal. If approved, TRC will
have to determine if the project can meet the normal connectivity ratio or emergency access
standards. Further, it is unclear at this time if the proposed driveway configuration has been
reviewed in concept or detail by local NCDOT staff.
The project is not located on an existing WAVE transit route, but it is located within 1 /4 mile walk
of Route 104 Central. Additionally, a transit shelter is not proposed for the project site, however,
coordination with the Executive Director of WAVE has resulted in a proposal for payment to
WAVE on behalf of the applicant to have a NCDOT approved shelter built and placed within a 1 /4
mile walk from the development. The concept plan also includes two pedestrian and bicycle
neighborhood connections, the first connecting the entrance of Amberleigh Shores to Military
Cutoff Road, and the second linking the rear of the property to Snug Harbor Drive, which connects
to the proposed Covil Farm Road multi -use path. The second bicycle and pedestrian path is located
in an area that will also serve as an emergency access, though no improved vehicular connection is
proposed. Accomplishing these connections will help to facilitate pedestrian movement within 1 /2
mile walk of the project which will strengthen the requirement for proximity to jobs as well as
offer an alternative transportation route for all residents.
The required Traffic Impact Analysis indicates that the peak hour traffic generation for 273
apartment units is one hundred ten (I 10) trips in the a.m. peak hours and one hundred nine (109) in
the p.m. peak hours. A Hampstead Bypass project is being proposed for the Military
Cutoff/Market Street intersection but is currently unfunded. A preferred alignment has not been
selected or provided to the public for a hearing, however each of the three alignments shown on
preliminary planning documents bisects a portion of the proposed project area. NCDOT has
scheduled land acquisition for fiscal year 2013 -2014, and it is anticipated that this project will
affect the property.
The Cape Fear Public Utility Authority has provided a letter stating that adequate water and sewer
capacity is available to serve the proposed development.
Staff concludes that water and sewer infrastructure can adequately serve the site but the provision
of a gated entrance and the anticipated Hampstead Bypass (Military Cutoff Extension) Plan are
weaknesses and barriers to successful implementation of a viable EDZD as it relates to
infrastructure support.
(4) As to the adequacy of evidence on unified control and the suitability of any proposed
agreements, contracts, deed restrictions, sureties, dedications, contributions, guarantees, or
other instruments, or the need for such instruments, or for amendments in those proposed.
Flournoy Development Company, does not currently own the property proposed for development;
however, the applicant has contracts to purchase the entire property conditioned upon completion
of the zoning and obtaining the permits necessary to construct the development. The purchase will
be complete prior to construction once all approvals are in place to obtain building permits as the
applicant's HUD lender requires permits at closing.
Z -904 (6/10)
Page 5
Board of Commissioners Meeting
07/12/2010
16-1-5
Staff concludes the applicant does not yet maintain unified control of the property and the
description of the point at which a sales contract will be executed leaves project unity uncertain
until a stage well beyond approval of the rezoning. If the terms and conditions of purchase do not
materialize, there will be three otherwise unassociated owners encumbered by very stringent
requirements for a unified development over their collective property. Coupling uncertainty of the
timing for unified ownership with the likely negative impacts on the properties as the
transportation improvement project for Military Cutoff extension moves forward, it appears
rezoning the property would leave this area vulnerable to conflicts of disaggregated ownership
and responsibility.
(5) As to the suitability of plans proposed or the suggestion of conditions.
The proposed site plan includes a 273 unit, multi - family apartment development that will be
constructed in one phase. In order to meet the requirements of the EDZD, the project will
incorporate several positive design techniques which include the conservation of wetlands, the use
of LID techniques for stormwater management, the construction of LEED and Energy Star
certified buildings, and the use of water efficient landscaping techniques. By incorporating these
elements into the site plan, it is intended that this district will prevent the degradation of water
quality and foster the preservation of natural hydrology, habitat and biodiversity. In addition, the
district is intended to provide design flexibility to achieve public and private spaces that advance a
sense of community in a well - integrated service area that diminishes the need for vehicular traffic
and encourages bicycle and pedestrian movements. The plan achieves this by including two
pedestrian and bicycle neighborhood connections, the first connecting the entrance of Amberleigh
Shores to Military Cutoff Road, and the second linking the rear of the property to Snug Harbor
Drive. Connectivity is a key component of the EDZD and is particularly essential to this location
because of the commercial proximity of thirty -six businesses located within one -half mile walking
distance of this location. Additionally, it is intended that the EDZD shall be located with respect to
public and private facilities existing or clearly available by the time they are required within the
development. The proposed plan achieves this in that existing water and sewer lines are adjacent to
the property and will serve the development.
Staff concludes that the proposed site plan is a suitable concept plan to express the intentions of
the applicant and, in general, showing satisfaction of required elements. However, the planned
transportation improvements relating to the Military Cutoff interchange have not been reflected in
the plan nor have its likely impacts been credibly discussed.
(6) As to the consistency with the County's adopted Land Use Plan and other adopted plans for
development in the vicinity, and suggesting how the rezoning might be reasonable and in the
public interest if approved.
The 2006 CAMA Land Use Plan includes policies and land classifications that express the
county's goals and strategies for steering growth to areas suitable for development while
protecting the fragile ecosystems that sustain our economic appeal and our quality of life. The
proposal is located within a watershed resource protection area that is designated to protect tidal
creeks from pollutant laden stormwater runoff generated by impervious surface. The CAMA plan
also identifies strategies to allow development while protecting natural resources through the
adoption of exceptional design standards to mitigate the negative impacts of development in
sensitive areas. The Exceptional Design Zoning District translates CAMA land use policies into
Z -904 (6/10)
Page 6
Board of Commissioners Meeting
07/12/2010
16 -1 -6
strategies including requiring projects to minimize new impervious surfaces, retrofit protection
measures to improve water quality of runoff from existing impervious surfaces and promote low
impact best management practices for development and redevelopment. Given the project's
compliance with the criteria for the exceptional design zoning district, the proposal is consistent
with the County's policies for natural resources and land use and urban design.
The CAMA Plan also calls for the coordination with the WMPO and NCDOT to implement
corridor planning initiatives. This location is slated for extensive modifications including
improvements to Market Street and a controlled access interchange at the intersection of Military
Cutoff Road and Market Street as part of the Military Cutoff Extension project. A preferred
alignment for the Military Cutoff Extension has yet to be selected; however, all of the proposed
alignments would significantly affect the site in some way, potentially rendering the proposed site
plan unsuitable for EDZD zoning designation. The Military Cutoff Extension is currently
included in the State Transportation Improvement Program with right -of -way acquisition
scheduled for 2014. Construction funds are not allocated for the project at this time, but it has
been identified as one of the top roadway priorities by NCDOT Division 3 and the Wilmington
Metropolitan Planning Organization.
Staff concludes that the proposal has several positive features that conform to the spirit and
intent of the Exceptional Design Zoning District, some that are marginal but might be considered
adequate, and a few that create challenges for implementing the project in conformity with the
EDZD regulations. Relying on what staff considers to be the best available information from the
North Carolina Department of Transportation, significant changes are in store for this
intersection, therefore staff is unable to recommend approval of this project.
We cannot conclude that the rezoning is reasonable or in the public interest when intensifying the
land use so significantly will very likely result in increased public costs, whether related to
buying right -of -way, realigning accesses to existing developments or relocating residents who
must be displaced to establish the safe and effective extension of Military Cutoff Road Staff
therefore recommends denial.
ACTION NEEDED:
Adopt a statement in accordance with NCGS 153A -341 which requires that "Prior to adopting or
rejecting any zoning amendment, the governing board shall adopt a statement describing whether
its action is consistent with an adopted comprehensive plan and explaining why the board considers
the action taken to be reasonable and in the public interest."
EXAMPLE 1 (Approval):
The County Commissioners find that this request for zoning map amendment from B -2 Highway
Business District and R -15 Residential district to Exceptional Design Zoning District as described is:
1. Consistent with the purposes and intent of the 2006 CAMA Land Use Plan with regard to
establishing standards for exceptionally designed development, even though it is inconsistent with
Policy 5.4 because of conflicts with the currently approved Transportation Improvement Plan for
this location.
Z -904 (6/10)
Page 7
Board of Commissioners Meeting
07/12/2010
16-1-7
2. Reasonable and in the public interest to rezone approximately 17.56 acres at the intersection of
Military Cutoff Road and Market Street from B -2 Highway Business District and R -15
Residential to EDZD Exceptional Design Zoning District and award bonus density for a total of
up to 16 residential dwelling units per acre because the preferred alternative design has not been
finalized for the proposed changes to this intersection.
EXAMPLE 2 (Denial):
The County Commissioners find that this request for zoning map amendment from B -2 Highway
Business District and R -15 Residential district to Exceptional Design Zoning District as described is not
1. Consistent with Policy 5.4 of the 2006 CAMA Land Use Plan because it is inconsistent with the
currently approved Transportation Improvement Plan for this location.
2. Reasonable nor in the public interest to establish a high density residential district with limited
connectivity or alternative accesses in a location currently scheduled for significant alteration as
part of a planned limited access roadway interchange.
Z -904 (6/10)
Page 8
Board of Commissioners Meeting
07/12/2010
16 -1 -8
Case: Z -904, 6/10
R -15 Residential District and B -2 Highway Business District to Exceptional Design Zoning
District (EDZD)
Petition Summary Data
Owner /Petitioner: Flournoy Development Company, LLC has a contract to purchase
properties owned by Phillips Properties of Wilmington LLC, Bradley M. Phillips, Mildred
F. Green et al, The Cornelius Nixon Trust contingent upon successful rezoning.
Existing Land Use: Pages Creek Marine Services and forested land.
Zoning History: Area 8B (July 7, 1972)
Land Classification: Watershed Resource Protection
Water Type: Cape Fear Public Utility Authority
Sewer Type: Cape Fear Public Utility Authority
Recreation Area: Ogden Park
Access &Traffic Volume: Access from Military Cutoff Road (urban principal arterial)
with LOS B (2007) to private access drive or from Market Street (urban principal arterial)
with LOS F (2007).
ADT at Military Cutoff Road between Market Street and Prospect Cemetery Road were
21,693 (2008) and 20,438 (2009), reflecting a 6% decrease between 2008 and 2009. In
2007 ADT on Military Cutoff Road were 15,526, reflecting a 32% increase in traffic
between 2007 and 2009.
ADT at Market Street southwest of Gordon Road were 37,909 (2008) and 37,143 (2009)
reflecting a 2% decrease between 2008 and 2009.
ADT at Gordon Road between Market Street and Military Cutoff Road were 11,729
(2008) and 12,151 (2009) reflecting a 4% increase between 2008 and 2009.
Fire District: Ogden Fire Department
Watershed & Water Quality Classification: Howe Creek: SA; HQW; 303
Board of Commissioners Meeting
07/12/2010
16-2-1
Aquifer Recharge Area: Primary recharge of the principal aquifers and shallow water
table sand aquifer and underlying artesian aquifer containing fresh water over salty
water.
Conservation /Historic /Archaeological Resources: Prospect Cemetery adjacent
Soils: Kr- Kureb sand (I); Se - Seagate fine sand (II); Le- Leon soil (III); Mu Murville fine
sand (III).
Septic Suitability: Class I, suitable; Class II, moderate limitations; and Class III, severe
limitations
Schools: Blair Elementary
Board of Commissioners Meeting
07/12/2010
16 -2 -2
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Board of Commissioners Meeting
07/12/2010
Applicant's requested points
CORE REQUIREMENTS
1. Smart Location
REQUIRED
Option 1: Locate project on an infill site
Option 2: Locate project on an adjacent site with pre - project connectivity.
Option 3: Locate project near existing or planned adequate transit service.
Option 4: Locate project near existing neighborhood shops, services, and facilities.
2. Proximity to Water and Wastewater Infrastructure
REQUIRED
Option 1: Locate project on a site served by existing water and wastewater infrastructure.
Replacement of or other on- location improvements to existing infrastructure are
considered existing for the purpose of achieving this option.
Option 2: Locate project within an area scheduled for water and sewer expansion where
verifiable expansion plans can be provided and allocation of capacity can be confirmed
with the Cape Fear Public Utility Authority.
3. Significant Species and Ecological Communities
REQUIRED
Option 1: After consultation with the NC Natural Heritage Program map as found on the
New Hanover County online mapping services, no species present or likely to be present
that are listed under the federal Endangered Species Act, NC endangered species list or
listed in the NC Natural Heritage Program as either Nationally, State or Regionally
Significant.
Option 2: If initial consultation with the NC Natural Heritage Program map is inconclusive,
then a qualified biological scientist performs biological surveys to determine the presence
of endangered or significant species or the applicant consults with the NC Natural Heritage
Program in Raleigh to receive a State determination.
Option 3: If endangered or significant species are found, comply with an approved Habitat
Conservation Plan (HCP) under the Endangered Species Act for each species or receive an
approved mitigation plan from the NC Natural Heritage Program.
Option 4: If endangered or significant species are found and no approved HCP exists, work
with an appropriate authority to create and develop one or develop an approved
mitigation plan with the NC Natural Heritage Program.
4. Wetland and Water Body Conservation and Preservation
REQUIRED
To prevent bacterial contamination of surface water, install pet waste stations within
required open spaces and implement a maintenance schedule for the pet waste stations
-and -
Option 1: Locate project on a site that includes no jurisdictional wetlands, water bodies
(including but not limited to intermittent and perennial streams) or land within 100 feet of
these areas.
Board of Commissioners Meeting
07/12/2010
16 -5 -1
Option 2: Locate project such that pre - project jurisdictional wetlands, water bodies
(including but not limited to intermittent and perennial streams), and land within 100 feet
of such areas shall not experience significant destruction or lasting detrimental effects to
water quality or other protected natural resources as a result of new development.
Significant destruction shall include the construction, excavation, deposition, of materials
in, over or on such land or any work that would affect the course, location, condition, or
capacity of the receiving water body.
5. Floodplain Avoidance
REQUIRED
Option 1: Locate on a site that does not contain any land within a 100 -year floodplain.
Option 2: Locate the project on an infill site or a previously developed site and comply with
the NFIP requirements for developing portions of the site that lie within the floodplain.
Option 3: Develop only on portions of the site that are not in a floodplain or on portions
that have been previously developed.
6. Stormwater Management
REQUIRED
Implement a comprehensive stormwater management plan for the project that infiltrates
and reuses stormwater runoff. Stormwater shall be managed following the principles
prescribed in the New Hanover County -City of Wilmington Joint Low Impact Development
Manual and will enable a project to use the LID -EZ Spreadsheet Tool. A determination that
a project qualifies as a Low Impact Development shall be made by the Technical Review
Committee (TRC).
ADDITIONAL REQUIREMENTS (MINIMUM OF 12 POINTS FROM THE CRITERIA LISTED
Points
BELOW IN ADDITION TO THE CORE REQUIREMENTS)
1. Bicycle and Pedestrian Access
2 points
Include a pedestrian or bicycle through- connection in at least 90% of any new cul -de -sacs,
except where prohibited by topographical conditions. Provide bicycle parking and storage
for developments that contain multifamily, retail and commercial development. Provide
convenient access and off -site connections to all constructed or planned bicycle and
pedestrian infrastructure networks.
2. Housing and Jobs /Commercial Opportunity Proximity
2 points
Option 1: Include a residential component equaling at least 30% of the project's total
building square footage, and locate and /or design the project such that the geographic
center is within a % mile walk distance of pre - project full -time equivalent jobs equal to or
greater than the number of dwelling units in the project
Option 2: Include a non - residential component equaling at least 30% of the project's total
building square footage
3. Diversity of Uses
2 -4 points
Include a residential component in the project that constitutes at least 25% of the project's
total building square footage and design or locate the project such that at least 50% of the
dwelling units are within % mile walk distance of the number of diverse uses in the
approved diversity of uses table. At least one use from two of the three diversity of uses
list is required.
4. Conservation Management of Habitat or Wetlands
2 points
Create a long -term management plan for new or existing on -site native habitats, and /or
Board of Commissioners Meeting
07/12/2010
16 -5 -2
water bodies and wetlands and their buffers, and create a guaranteed funding source for
management.
5. Transit Facilities
4 points
Locate development within % mile of an existing or planned transit route. Provide or
identify covered and at least partially enclosed shelters, adequate to buffer wind and rain,
with at least one bench, at each transit stop. Provide kiosks, bulletin boards, and /or signs
devoted to providing local public transit information as part of the project, including basic
schedule and route information at each public transit stop within or bordering the project.
6. Certified Green Building
2 points
Design, construct, or retrofit one whole residential or non - residential building to be
certified through: LEED, NAHB Green Building Standards, North Carolina Healthy Built
Homes or Green Globes.
7. Minimum Building Energy Efficiency
4 points
For non - residential building, mixed use buildings, and multifamily residential buildings four
stories or greater, new buildings must be on average 10% better than ANSI /ASHRAE /IESNA
Standard 90.1 -2007. For new multifamily residential buildings three stories or fewer and
new single - family residential buildings: 90% of new buildings must meet Energy Star
criteria.
8. Water Efficient Landscaping
2 points
Reduce potable water consumption for outdoor landscape irrigation by limiting turf to 25%
or less, incorporating rainwater catchment system(s) such as rain barrels or cisterns into
the project, installing drip irrigation and utilizing stormwater for landscape irrigation.
9. Building Orientation
2 points
Design the project so that a minimum of 75 percent of the building sites are constructed
with the longer dimension of the structure facing 0 -30 degrees of south.
10. Affordable Housing
2 points
Include a minimum of 15% of the dwelling units as rental and /or for -sale dwelling units
priced for households earning below area median income (AMI). Rental units must be
maintained at affordable levels for a minimum of 15 years.
*No partial points will be awarded. Points will not be awarded on a sliding scale.
Core Requirements + Required additional 12 points + 10 bonus points.
Density allotted: Base density 6 units per acre
10 bonus@ 1 u per 10 units per acre
16 u /ac or 281 units
Board of Commissioners Meeting
07/12/2010
16 -5 -3
NEW HANOVER COUNTY
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ING MAP AMENDMENT
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23 Government C enter Drive
S ulte 150
Wilmington, NC 28403
910-798-7165 Phone
910-798-7053 fax
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Rvan Fos tt'r /Flournov Develo Iii ent I oij tali - U.
Address
C ity, S tate, Z ip
4 00 Brookstone Centre KwN
COI U111kUq G et) QI IZl i 1(N.14
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l) - W I fMtCF' 1 :I10UI - II ON (ICV 00111
t 706) 24 3 -t)4 0 3
anie o f P ro er ty %i n er ( it' d itfe LItian Peti io tie r)
Telephone itniher of Owner (i ifferen 11 a n Petition # #)
8I - ad Ie N' . PhIIrips, P IIIIp h` opeiIje -s WV 1Iintn±� on- C11�'neII iwn } i 1ac:t &
Address Off' Prop rl y %1 nerr` (If € iff er - ent than Petition
C ity, state, Z
S ee - La[tac hed convactual aetreenlelrt 11mve 13 tile: Petitioner and Nvner�
W111111 MIWII_ LN Or[11 Cit f 01117�12 440 5
E111:,iil f- kddress (if diff than Petitioner)
P ro E rtv Wdress
'en
I.104 N I arkel € - ect, 1 I Prospect Ce mete' Road, 1715 ProspeeI tc31�
J
j 73 1 P r o,, r y + e } i, it 1
EAl g Zoning
Proposed Z oni ng
- 13
T'. D Z Y
1► •ea of Property Square Feel/Acres
Parcel ID N umber act -1<- 110- 0054.12 ..004, -001, -002
000 Market Street 17 5 -7
R044 0 0- 005 -026 -000. -0111, R 04 400 -()() 5 - 024 -0()0 & R 0 4 400 - 0 05 -0 2 3 -0 00
E ist'rn Use (if Property
La nd Classification (S L.-and Us Flan)
SUBMISSION I I II II I II Ili llli lllillYilillY iillYl RE YI.WyyY
Pe 1ti lIS 111LYst be reviewed b y the Planning Department for completeness prior to eptance. For Petitions involving five ( 5 )
acres on less a fee of $400.00 will be charged; Cor those of more than five acres a fee of $600.00 r iII be charged. This fee,
p , abIe to New Hanover• County, M UST ac co ni p a ny thi s petition. The folIowing stlpplementa[ in formation is re jtrtir• d:
I . On e copy o f I e N e% an ove r CO Ll 11ty Tax Map. w11ic h de I i neatcs the pi- pi perty regiiest d fog+ rezo 11i11g.
?. Legal description by metes and bounds) of property requested for re onmg, or a SUIT SUbdivision plat. wh ich
deIineates the property reqLIC sted for r;e onin if appIie (a ble ).
Applicant's answers to the questions on this apptication.
4. LItl101 for ap pointment of agent form (if applicable) - See attached e011traCtUal agr enient betweeti the P € ner and Owner
5. veri fy teat no zo nin g act i on leas takers place on a ny portion of the property vithi ri the past 12 rnoilth S.
6 . Any speclal requirements of the ordinance For example. Section 53.5 for Planned Development District).
RX1, IEW PROCEDURES
Pet i t i 0 ns for C h a 11ge of z 111ng are firist referred t o the New 1- 1anove1• COL111ty PIannIng Bo a nd and th en acted Ll po n by
the New H anover ver COLInty Board of Commissioner's,
Complete Petitions and supplementkir inform 111Ust1 be reviewed and accepted by the Planning epartment
t wenty workin (lays before the Planning E oard meetin to allow ade ct to t me for p ro e sing and advertisement as
req Ui r•ed by the North Carolina General Stcatutes.
U lfl eSS othel published or annOL[nc:ed, Planning Board mectin"I's are held Oil the �i rSt T hUrsd y of ear month at
5 :30PM ire t e Conlin ss ioner's A sse mbly R oo m at the Old C0L111ty Co urt 110 Lr s e, at `f hind and Pri n c ss Streets, WiI III ix1gloti,
North Carolina.
if the Planning Board approves VOLF petition. the t Will aUtOmatically be referred to the Board of County
Commissioners. missioners. IfyoLrY` petition is denied. YOU may appeal to the Board of Commissioners. The Planning D epailment c
advise YOU regarding, appeal pro edUries.
The owner/applicant and or aLrthori ' d acre sl1or,rld plan to attend all ineetingis at NO ich th is re Lte t ,rill be heard.
Page I of 2
Board of Commissioners Meeting
07/12/2010
16-6-1
M - 07/08
WHAT YOU MUST ESTABLISH
FOR A CRANGI of ZONING
OUr intended use of propelly Upon rezoning is completely irrelevant, except for conditional use district proposals. The
orth C arol ina Genera StatUtes recltrlre that zoning r gu lat ions shaII be made in accordance wi th a com preh ens 1 ve p[ .
The governing board is required to ;adopt statements that the change is or is not consistent, r•e,isonabie, and in the
public's interest. Since amendments to oning maps ShOLIId also be bases on a Land Use Plan, you must explain JIOW YOLIr
r Ue t satisfies each of the following regL[11' t erIts: (Fill in belo w or attach additional pages).
1. Hove WOUld the regUested change be consistent with the County's Policies for Growth and Development?
The project proposes responsible redevelopment of an infill site and does not p romote strip commercial
on Market Street.
2. Flow would the requested zone change be consistent with the property's classification on the Land Classification
ma
Property is classified as Watershed Resource Protection Area on the Land Classification Map. The END
and Low Impa ct Development stormwate r techniques wiII provide op po rtu n ities for w ate rshed
protection while enhancing sense of community.
3. 'Tat significant neighborhood changes ha e OCCUrred to make the original zoning inappropriate, on how is the land
involved unsuifiable for the uses permitted under the existing zoning?
The multifamily use is an appropriate land use transition between the commercial areas along Market
Street and Military Cutoff and the lover density single family to the east. The County has clarified
" x eptionaI Design" wh i h has allowed for this develo pm ent proposal.
4. H ow wiII this ch it e of zon in er e the pubilo 1ntere t?
By providing diversity of housing opportunities in a unique community setting.
In signing this petition, I understand that the existing zoning map is presumed t b correct and that I have the
burden of proving why a hange is in the public 'Interest. I further understand the singling out of o a parcel of tand for
special zoning treatment unrelated to County policies and the surrounding neighborhood would probably be illegal. I
certify that this application ins complete and that all information presented in this -application is accurate to the best of
nay knowledge, information, and bef'Ie .
1 rnoy De elo e nt Company, LLC
Sia
tip O- Petitioner and/ P roperty Owner
Ryan M. Foster, Vice President
Print Name
Page 2 Q f 2
Board of Commissioners Meeting
07/12/2010
16 -6 -2
ZN-IA-07/08
games Weseldk,
Architect
.AND PLANNERS . LANDSCAPE ARCHITECT
EXCEPTIONAL DESIGN
ZONING DISTRICT (ED D)
FOR* a
AMBERLEIGH SHORES
SUBMITTED FOR CONSIDERATION FOR REZONING
NEW HANOVER COUNTY, NORTH CAROLINA
PREPARED FOR:
FLOURNOY DEVELOPMENT CO
J — 21622
March 4, 2010
PREPARED BY:
THOMAS & HUTTON ENGINEERYNG CO.
SA GEORGIA BRUNSWICK, GEORGIA
�� rid o § GV THCQkR0LlNA Commissl ers Meeting
MYRTLE E EACH, OJT CA
l Wld4INGT N NORTH
TABLE OF CONTENTS
L ocation Ma ........................................................................... r.................. ..................... I I a
Section j ec Narrative. . a ... art..art.art.art.......r. art. art..... art. art•......... .......... Page
Section 2 —Prerequisite and Density Approach a rt .art . • .............................................. ............................... Pa 4
A rt Core Req uirements .. r ............................................ r........ ............................... Page
1 . S mart L ocation ..... art......... art .... ...................•..... art............ art.. .............. Pa g e
11. Proximit o Water and Wastewater ........... Pa
1i1. Significant Species and Ecological Communities a .a a .a ................ ......................6........ Page 4
I va W e tland and Water Body Conservation .................. 4 ...... ............ .... .............. .............Page 4
. Floodplain Avoidance .. ....... .. r.. a sr........... s aiaaaiaa ►a rt..... ...... .s......... 6 ai.. .sr 64.64 ................ Page 4
i. S tormw ter Manage . 6 .. 6 * 6 4 *&4. & 6 i. * s d .6 0& 6 ► 6 4 ........... s s *� s � l s s f s s s F S S � a s � � rt. � � �.Y
B. Additional Requirements .. ....aaa .. a.............................. ass .............................. Page
t
i. Bicycle an Pedestrian Access ............ ............................... sass.. ............................... Page
i1. Housing and Jobs/Commercial pp rtunit Pr irrut ............. ............................... Page 5
iii Diversity of Uses ......aa.aaa.....aa ..................................aa................. .............................. Page 5
iv. Conservation Management of Habitat or Wetlands ................... ............................... P
. T ran s it Facilities ....... ............■.......aa.aa.aa................................■aa... ............................... Page
1. Certified Green Building a ......................... r ............................ r ... r.............................. Pag
i Mini u Building Ener Efficiency a ........ a a . a ....................... ........................... • Page 6
viii. Water E ci n.t Landscaping ............. r.................................. r.... ............................... Pa
ix . B uildln g Ori .................................................................. ............................... Pa
x .Aff rdabl Housing ....... r .............aaa........aa.................................. ..... P
Section Prerequisite and Density Calculations ..... ass .................................aa.aaa.. .... Pag
Section — Phasing Schedule ....................................................................... .......... ............................... Pa 8
Section l si on .......................................................................................... ............................... Page V
zg & �'1�(*
i si fir -Z 22
` m-it Sho 07/12/2010
cm1 16 -7 -2
APPENDICES:
CommunityMeeting Mailing List ......... ............................... art...................... ......rtrt +rtrtairtrt + +rt..rtrt►irtrt►irt.i pp n dl A
Community Meeting Suminary .................................................................... ............................... Appendix
Survey Metes and Bounds Description and Survey Map ............................. ............................... Appendix
Traffic Impact Analysis ........ + ....................................................................... ............................... Appendix
Site Inventory Summary ............. .... rtt* rtrt+ trti+ rtrt+ trti+ rtrtirtrtatrtairtriart► i....... *•* rtt*• rtr* rt+ trtrt■ rtrt+ trtiirtairtrtirts ................ .....Appendix E
Cape Fear Public Utility Authority CFPUA Letter of Availability .. rt a i rt rt i i rt a i a► i ............ r .............. Appendix 1
Deport of Job Opportunities Surmnary .. ............................... 66..64.6 a ............................ 4 ...... 6 4 .... rt .... Appendix G
Diversity of Uses Exhibit ... ........... 4 ... 6.. 4 ... 64 ..... 6.. ia. ia... ......q ......... ..... 4aairtrt +trt+ ..................... Appendix H
Transit ............................... ............................... a........ ..............................4 ....... r i + rt ...Appendix I
B icycle E xhibit .,... is+ ii+ i....... q ........... 4P.. 4.. 46...4. 6... ............................ 66................ * Appendix J
1 LAMA Flood E xhibit .................... 4 ... 6 ............. 64. 64. 6 ...................... 4 ... 4-- 4-- 4 ... i+s ii.►i ........................ .. Appendix K
The following can be found in pockets at the end of this report.
ConceptualPlan ... ....................+.....................................................+......... ............................24" x 36 " Exhibit
-
ExceDtiQml Design Zoning, ' LLDZ -21622
1-1VUlu V1
r.eeigh Shores 07/12/2010 PA G E 1
' 16 -7 -3
16 -7 -4
SECTION 1- PROJECT NARRATIVE -
Am erleigh Shores is a proposed multi- family development in New v Hanover County located at
the intersection of Military Cutoff and Market Street, comprised of parcels 804400- 005 -02-
004, -001, -002. 804400 #005 - 026 -000, -001 804400- 005 - 024 -000 and 804400- 005 -023 --000.
The project site is approximately 17. acres and 1s currently comprised of the existing Pages
Creek Marina facility and undeveloped wooded land. The intent of the application is to
redevelop the Pages Creek Marina site and will include demolition of the existing buildings and
associated uses. This "infill" site is bordered by the Covil Crossing at Covil Estates subdivision,
Prospect C emetery, and various commercial parcels along Market et Street. The conceptual land
plan can be found in the folder at the back of this report which illustrates the development
objectives for the site.
Development of this infill site is intended to be in keeping with the Market Street Corridor Plan
and the CAMA Plan which have recommended against strip development along the major
thoroughfares. Additonally, the infrastructure needed to support the plan is in place. The project
is proposed to access Military Cutoff and Market Street accomplished by a proposed realignment
of the existing frontage road at Pages Creek Marina owned and maintained by the North Carolina
Department of Transportation, NC T . mergen y access will be provided to the gated
community from Covil Estates.
The project is being proposed for rezoning to Exceptional Design Zoning District, I ZI , due
to the infill'location and its classification as a Watershed Resource e Protection area as defined by
the Wilmington -New Hanover Counter CAMA flan. In keeping with the intent of the zoning
district, the project design will endeavor to rr nirm' a impacts from stormw ter runoff to the
watershed by implementation n of Low Impact Development, pment, (LID), techniques. Along with the
LID approach, this report provides supporting documentation for the various other strategies for
sustainable development contained within the ordinance, and the basis for the density per acre
request. The required meetings with New Hanover County staff and the adjacent land o wners
have been accomplished and the results for the community meetings are contained in this report.
The Developer of the project will also assume ownership and maintenance of the grounds once
the project is constructed. Where the ordinance requires detailed information, such a but not
limited to, building setback justification, maintenance plans and schedules, lighting, justification
of open space, restrictive covenants and memorandum of understanding, the TRC plan submittal
will address each item as applicable.
Exce
Desi ZoninZDWa&tMD.ZD1 -21622
Amberleigh Shores
07i12i2010 PAGE 13
' F k 16 -7 -5
SECTION 2 — PREREQUISITE AND DENSITY APPROACH
As defined by the FDZD, there are six, , "'Core Requirements" that must be net t
considered for rezoning, along with ten, (10), "Additional Requirements". A minimum of 12
points must be achieved out of the additional requirements before accumulating density points at
the ratio of 1 point to 1 unit/acre. This section of th e report contains a brief overview of the
project's ability to comply with each of the Core and Additional Requirements. Section 3 of this
report contains a table o f requirements and the associated points and density achieved for the
p roject.
A. Core Requirements
lu irements
i. Smart Location
The site has existing development located on more than 75% of the perimeter, and
is therefore considered an "infill" site. The aerial exhibit located in Appendix H
of this report called "Diversity of Uses" illustrates the existing development
patterns. The proposed project achieves the intent of this core requirement.
ii. Proximity to water and wastewater Infrastructure
Cape Fear Public Utility Authority, CFPUA , has existing water and sewer lines
adjacent to the property lines that will serve the development. The letter of
availability from CFPUA and a map of the existing infrastructure can be found in
Appendix F. The proposed project achieves the intent of this core requirement,
fxi. si ni giant Species and Ecologolical Communities
After review of records and a site visit by Land Management Group, LMG, it was
determined that no species were present or likely to be present on the site that are
considered significant as defined by the ordinance. The proposed project
achieves the intent of this core requirement.
iv. Wetland and water Body Conservation
Based on a site visit by LMG, there is an area identified on the conceptual plan as
likely to be considered jurisdictional wetland. The plan will preserve the final
extent of the wetland as determined by the United States Army Corps of
Engineers, USACOE . No improvements are proposed within 100 feet of the
wetland that will have detrimental impacts to the natural resource. Pet waste
stations will be installed in the open space areas and will be maintained according
to the appropriate schedule. The proposed proj ect achieves the intent of this core
requirement.
v. Flood plain Avoidance
Based on the F MA Flood Map, there are no portions of the site that are within
the 100-year floodplain. Appendix K contains the exhibit of the flood gone
designations for the property and surrounding area. The proposed project
achieves the intent of this core requirement.
7- Exceottonal Desi Z X
Amber Sh 07/12/2010 PAGE 1
' 16 -7 -6
V i. Stormwater Management
The project is proposed as LID. various Best Management Practices MP's
will be implemented into the project that are in keeping with the New Hanover
County LID manual and information concerning how the BMP's selected are
appropriate based on the site constraints will be previewed by TRC. A proposal
and detailed description of the L D techniques planned was submitted under
separate cover to the Planning Department for preliminary review. It is the intent
to solicit final approval of the LID plan after the zoning hearing and through the
T C process. The project will include infiltration., bio- retention, permeable
pavement and a cistern. The proposed project achieves the intent of this core
requirement.
B. Additional l equireme t
i. Bicycle and Pedestrian Access
Amberle�gh Shores will include bicycle rack at one bicycle space per 1
dwelling units and a paved connection to Military Cutoff. Military Cutoff is a
planned bicycle and pedestrian network as defined in the Market Street Corridor
Study prepared by the Wilnu*ngton Metropolitan Planning organization (WMP
and shown on the exhibits in Appendix J. Additionally, the project proposes a
neighborhood pedestrian bicycle connection to the adjacent Covil Crossing
subdivision. The proposed project achieves the intent of this additional
requirement.
I Housing and Jobs/Commercial opportunity Proximity
The geographic center of the project is located within 1/ mile of 495 jobs,
exceeding the number of units proposed for this project. According to the North
Carolina Employment Security Conunission, the only data source available for
jobs within a defined geographic area so small is the US Census Bureau,
Appendix G contains the report of the area defined provided by the Census
Bureau. The proposed project achieves the intent of this additional requirement.
iii. Diversity of Uses
The exhibit entitled "Diversity of uses Exhibit" is located in Appendix H of this
report and it details the retail, services and commu f aci l ities within 1 mile of
the site. For ease of reference, not all uses are shown on that map that existed at
the time of the inventory within 1/ mi le. However, the number of services wi thin
each of the 3 categories shown is more than is required, , with at least 1 from 2
of the 3 categories), for the maximum of 4 density points. The proposed project
achieves the intent of this additional requirement.
iv. Conservation Management of Habitat or Wetlands
The wetland on the site will be preserved and restrictive covenants will be
provided that will protect the wetland from disturbance other than for specific
uses that may be allowed such as boardwalks and educational signage. The
proposed project achieves the intent of this additional requirement.
° Excei2t Design Zon Di ' J -21622
Amberlei Shores
��. 16 -7 -7
v, Transit Facilities
The project is located ithir �� mile planned routes identified by the WAV
Short-Range Transit Plan. Figures 5.3 and 4.13 from the WAVE Short -Range
Transit Plan are included in Appendix I. Informational signage about the routes
will be displayed in the Amberlelgh Shores community clubhouse. The proposed
project achieves the intent of this additional requirement.
vi. Certified g reen Building
One apartment building type Iv w ill be registered through the US Green Building
Council through the Leadership in Energy and Environmental Design. program,
LE ED, with the intent to achieve certification. The proposed project achieves the
intent of this additional requirement.
viz. Minimum Building Energy Efficiency
Ninety percent of the residential buildings will be designed to meet Energy Star
Criteria. All non - residential buildings and mix ed use buildings will be designed to
be on average ten percent better than ,ANSI A RAE IESNA Standard 90.1- -
200'7. The proposed project achieves the intent of this additional requirement.
viii. Water Efficient Landscaping
Water Efficient Landscaping will be achieved through identifying zones to be
void of irrigation, plant selection, rain sensors to reduce irrigation during periods
of rainfall, and soil moisture sensors. The project will also utilize a cistern to
` collect roof runoff that will be utilized for irrigating a specific zone. The
proposed project achieves the intent of this additional. requirement.
,ix. Building orientation
No points are solicited for this additional requirement.
x. Affordable le Housing
No points are solicited for this additional requirement.
E xcea ional Design Zoninp D -21622
Amb erleigh Sh ores 07/12/2010 PAGE 6
SEC' 3 — PREREQUISITE AND DENSITY CALCULATIONS -
The table below provides a summary of the Core and Additional points achieved for the project.
The total density requested for the project is calculated below the table;
C 1 9
6 re R e u, I { V M-W1
A
Smart Location Required
Proxirm*ty to Water and Wastewater
Required
Infrastructure
Significant Species and Ecological
Required
Communities
Wetland and Water Body Conservation Required
aired
Flood Avoidance
Required
Stormwater Management
Required
aa, i I a b I e P i n Css,
hit Re ts P ,s t. ,
Bicycle and Pedestrian Access 2 2
Housing and Jobs Commercial Opportunity
Proximity
2
2
Diversity of Uses
2-4
4
Conservation Management of Habitat or
Wetlands
Transit Facilities
Certified Green Building
2
2
Minimum Building Energy Efficiency
Water Efficient Landscaping
2
2
Building orientation
2
Affordable Housing
2
o
Total Points =
Minimum Criteria = Core + 12 points = 6 units /acre
Additional density points achieved over 12 = 10
Total Density achieved = 1 + 6 units acre = 16 units /acre
Exce Design Zonis Z J-21622
mberlei Shores 07/12/2010 PAGE 1
SECTION 4 — PHASING SCHEDULE -
Amberleigh Shores will be constructed as one phase. Construction will commence shortly after
receipt of applicable permits.
SECTION 5 — CONCLUSIONS
Amb rl igh Shores is proposed as a multifamily site development project, and is requesting
Exceptional Design Zoning District for a maximum of 16 units per acre. The information is
provided h r wit .in to aid in determination of approval along with the staff acceptance of the
project as LID, and demonstrated ability of the Developer to act as agent for the rezoning. The
project site has many attributes that make it well- suited for the County's EDZD, and the overall
objectives of other community plans.
Exceot D ign Zonate a ,DZD I J - 21622 JL
J_)UCLJLU U1 IV _ L m� Shores 07/12/2010 PAGE 1
2 16-7-10
XCEPTIONAL DESIGN BONING DISTRICT
AMBERLEIGH SHORES
Appendix A
Community Meeting Mailing List
J - 21622
PREPARED BY:
THOMAS & UTTON ENGINEERING CO.
SAVANNAH, GEORGIA * BRUNS I I ., GEORGIA
CHAS �r G��AOLINA AEI, CA RO LI N A Boar oonmissioners
07/12/201WI M G' NORT
16-7-11
PID
OWNER NAME
ADDRESS
804413- 002 - 011 -000
SULLO IIAY FRANK R
265 BLUFF CIR PO BOX 1124 WILMINGTON LMINGTON NC 28413
R04413- 001 - 002 -000
AMBROSIANO LUISA
PO BOX 1046 MILL VALLEY - 94942
R04413-002-032-000
PEPPER TREE COVIL ESTATES HO,4
2502 17TH ST S WILMINGTON NC 28409
804400 - 005 - 028 -001
NC STATE OF
116 JONES ST W RALEIGH NC 27603
804400- 005 -029 -004
B P A
3 717 UNIVERSITY Did S FORT WORTH TX 7610S
804413 -002- 009{000
DICKENS CHRISTOPHER P
257 BUFF CIR Wl LMINGTON NC 28405 _
804409 -003 -007 -000
DENNY BETTY J
206 EL OGDEN DR WILMINGTON NC 2840r-
R04400-005-018-000
SPICER GEORGE A
7034 MARKET ST WILMINGTON NC 28411
804413. 002 -028 -000
SPICER HENRY ANTHONY MARILYN L
109 VISTAMAR DR WILMINGTON NC 28405
R04409- 002 - 008 -000
MGM INNEY JASON K ETAL
5514 OLD FORT RD WILMII GTON NC 28411
804409 -002- 007 -000
SORDELLIN1 EDWARD R MICHELE L
623 CAICOS CT WILMINGTON NC 28403
804409 - 002-009 -000
RITZ GREG
262 BLUFF CIR WILMINGTON NC 28405
804409 - 003 -006 -000
PITTMAN FAN N I E G
210 EL OGDEN DR WILMINGTON NC 28405
804400- 005 -027 -003
CSJ OF WILMINGTON TON LLC
4406 RONDO PL WILMINGTON NC 28412
804409 -002 -006 -000
SCHLEICHER NICOLE
207 EL OGDEN DR WILMINGTON NC 28411
R04413- 002 -027 -000
CORDNER VIOLA E ETAL
107 VISTAMAR DID WILMINGTON NC 2840
804413 - 002-026 -000
GRESS BARBARA Y
105 VISTAMAR DR WILMINGTON NC 28405
804413- 002 - 029 -000
MISHOE JESSICA R
11I VISTAMAR D8 WILMINGTON NC 28405
804413- 002 - 008 -000
BETHUNE JAMES S JR
253 RIFF CIR WILMINGTON NC 28405
R04400-005 -027 -000
B T IMPORTS INC
121 KING ARTHUR DR WILMINGTON NC 28403
804413- 001003 -000
KRAMER ROBERT P
744 ARJEAN DR WILMINGTON NC 28411
R04409-003-027-000
SLAGLE HOLDING LLC
1512 LANDALEE LN WILMINGTON NC 28405
804413 -002 -018 -000
JOHNSON WILLIAM D MONICA B
110 VISTAMAR DR Wl LMII GTON NC 2840
804413 -002 -030 -000
WHEEL ESTATES INC
6301 TOWLES RD WILMINGTON NC 28405
804409- 002 - 003 -000
MELTON PATRICIA Q
212 BUFF CIR WILMINGTON NC 28411
804409- 003 -026 -000
0310 CAMPUS PROPERTIES LLC
6128 NETTLE CIR WILMINGTON NC 28405
144414- 001 -006 -000
IMHOF ERIC W GAIL P
202 ACER CT WILMINGTON! NC 28405
804400- 005 - 016 -000
FOYLES EDWARD HEIRS
7034 MARKET ST WILMINGTON NC 28405
804400 -002- 010 -000
ENOCH CHAPEL MISSIONARY
701,1 MARKET T WILMINGTON NBC 2840
804414- 001 -007 -000
WELLS KENNETH JR TRACY DAWSON
204 ACER CT WILMINGTON NC 28411
804400- 002 -011 -001
CERVANTES ALVARO MARIA
7015 MARKET ST WILMIN TON NC 28403
804413 -002- 020 -000
FRIED LAWRENCE DIANE M PESTER
106 VISTAMAR DR WlL IIf GTON NC 2840
804413 - 002 -022 -000
KOLB COLLEEN BI ENNAN
102 VISTAMAR DR WILMINGTON NC 2840
804413- 002 - 015 -000
HUHN DORIS A
7207 TRAILM RK RD WI LI II N GT N NC 28405
R04409- 002 -005 -000
TURNER MICHAEL B DIANE L
201 EL 06 D EN DR WILMINGTON1 NBC 28411
804409- 002 - 001 -000
MURRAY BONNIE S
220 BUFF CIR WILMINGTON NC 28405
804400- 005 - 047 -000
MCINNIS FAMILY LIVING TRUST
2632 MIDDLE SOUND LOOP RD WILMINGTON NC 28411
804409 - 003 - 005 -000
MILLI MAN ROBERT
214 EL OGDEN DR WILMINGTON NC 28405
804409- 002 - 004 -000
PLOURDE CHARLES JR
208 BUFF CIR WILMINGTON NC 28405
804409- 003 - 002 -000
EDENS EUGENE A JR
273 BUFF CIR WILMINGTON NC 28405
804413 -002- 001 -000
CHAMBERS BRIAN L
225 BUFF CIR WILMINGTON NC 28411
R04409-003-001-000
GAINES JAMES LORI
1605 ONION PL WILMtNGTON NC 2840'
804413 -002- 010 -000
FIAMILLA MARTIN T ROBINS M
261 BUFF CIR WILMINGTON NC 28411
R04400-005-055-000
COULD INVESTMENTS LLC
2427 TRAM RD NEW BERN NC 28562
804409- 003 -003 -000
SM THE HARRIETTE SUZANNE JONES
277 BUFF CIR WILMINGTON NC 28411
804409 - 003 -028 -000
SHEDS LLC
1000 CREEK SIDE E LN WILMINGTON NC 28411
R04414 -001- 008 -000
GROSSMAN SHERWO D L LOURDES 8
206 ACER CT WILMINGTON 7!INGTO NC 28411
804413- 002 -003 -000
CARNES MATTHEW 411 KELLY A
233 BUFF CIR WILMINGTON NC 28411
804413 - 002 -007 -000
GNEIL RICHARD MICHAEL HRS
249 BUFF CIR WILMINGTON NC 28405
804413 -001 -001 -000
PARKER GERALD B LINDA W
254 BUFF CIR WILMINGTON NC 28405
804413 - 002 - 021 -000
BOSWELL DONALD E ETAL
104 VISTAMAR Did WILMINGTON NC 2840r-
R04414-001-033-000
DONLYN INC
212 DAFFODIL DR FREEHOLD NJ 0772E
R04409-003-004-000
T ARP TIMOTHY 8 SR HELEN K
218 EL OGDEN DR WILMINGTON NC 28405
R04413 -002- 006 -000
STRICKLAND JEREMIAH KELLIE ETAL
245 BUFF CIR WILMINI!GTON NC 28411
804409 - 002 -010 -000
MARAI TT FREDDY A
258 BUFF CIR WILMINGTON NC 28405
R04413 -002- 013000
HOSED WILLIAM J EILEEN R
7203 TRAILMARK RD WILMINGTON NC 28405
804413- 002 -002 -000
LEEUWENBUI G JOIN C III
229 BUFF CIR WILMINfGTGN NC 28411
804413002- 014 -000
CONLEY MARGARET M
7205 TRAILMARK D8 WILMINGTON NC 28405
R04413- 002- 031 -000
CARSON NANCY R
115 VISTAMAR DR WILMINGTON NC 28405
804413 - 002 - 019 -000
ABRAMSKY SUZANNE M
108 VISTAMAR D8 WILMINGTON NC 2840':
R04{413- 002 - 025 -000
GREENE WILLIAM M ROBERTA J
103 VISTAMAR DR WILMINGTON NC 28405
804400- 005 - 024 -000
CORN ELI US NI XON TRUST (THE)
7049 RUTH AVE WILMINGTON NC 28419
R04400 -015- 028 -000
PROSPECT CEMETERY ASSN
8370 MARKET ST WILMINGTON NC 28405
804413- 002 - 023 -000
ALEXANDER JANET ANON
100 VISTAMAR DR WILMINGTON NC 28405
804413- 002 -024 -000
H BBS LARRY SUSAN
101 VISTAMAR D8 WILMINGTON NC 2840'
804413- 002 -012 -000
SERM0NS RETHA JACKSON
7201 TRAiLMARK DR WILMINGTON NC 28405
R04413-002-005-000
CAPE FEAR UTILITIES INC
PO BOX 1810 WILIVIINGTON NC 28402
Board of Commissioners Meeting
07/12/2010
16-7-12
PID
OWNER NAME
ADDRESS
R04413- 002 -011 -000
SULLOI AY FRANK R
265 BUFF CIR PO BOX 1124 WILMINGTON NC 28411
804413- 001 - 002 -000
AMBR SIANO LUISA
PO BOX 1046 MILL VALLEY CA 94942
804414- 001 - 040 -000
PEPPER TREE COVIL ESTATES H A
2502 17TH ST S WILMINGTON NC 28401
804413- 002 - 032 -000
PEPPER TREE C VIL ESTATES HOA
2502 17TH ST S WILMIN TON NC 28401
804400- 005 - 028 -001
NC STATE OF
116 JONES ST W RALEIGI-F NC 27603
804400 -005- 029 -004
B P A
3717 UNIVERSITY DR S FORT WORTH TIC 76109
R04400- 005 - 029 -002
SAFFO WILLIAM P HRS ETAL
3717 UNIVERSITY DR S FORT WORTH TIC 76109
804400- 005 -030 -001
B P A
3717 UNIVERSITY DR S FORT WORTH TX 76109
R04413- 002 - 009 -000
DICKENS CHRISTOPHER P
257 RUFF CIR WILMINGTON NC 28405
R04409-003-007-000
DENNY BETTY J
206 EL OODE - N DR WILMINGTON NC 28405
R04400- 005 -018 -000
SPICER GEORGE A
7034 MARKET ST WILMINGTON TON NC 28411
804413 -002 -028 -000
SPICER HENRY ANTHONY MARILYN L
109 VISTAMAR DR WILMINGTON TON NC 28405
804409 -002- 008 -000
MCKINNEY JASON K ETAL
6514 OLD FORT RD WILMINGTON NC 28411
804409 -002- 007 -000
SORDELLINI EDWARD R MICHELE L
623 CAI COS CT W1LMIN GTO N NC 28403
R
DITZ GREG
262 BUFF CIR WILMINGTON NC 28405
R04409-003-006-000
PITTMAN FAI NIE G
210 EL OLDEN DR WILMINGTON NC 28405
804400- 005 - 027 -003
CSJ OF WILMINGTON LLC
4406 RONDO PL WILMINGTON NC 28412
804409- 002 - 006 -000
SCHLEICHER NICOLE
207 EL OG EN DR WILMINGTON NC 28411
804413 - 002 - 027 -000
C RDNER VIOLA E ETAL
107 VISTAMAR DR WI LMIN T N NC 28405
804413- 002 - 026 -000
DRESS BARBARA Y
105 VISTAMAR DR WILMINGTON NC 28405
R04413- 002 - 029 -000
MISHOE JESSICA F
111 VISTAMAR DR WILMINGTON NC 2840,E
804413- 002 - 008 -000
BETHUNE JAMES S JR.
253 BUFF CIR WILMINGTON NC 28405
R 0440 0 - 005 - 027 -000
B T IMPORTS INC
121 DING ARTHUR DR WILMINGTON NC 28403
804413- 001 - 003 -000
KRAMER ROBERT P
744 ARJEAN DR WILMINGTON NC 28411
R0 409-0 3- 027 - 00
SLA LE HOLDING LLC
1512 LANDALEE LN WILMINGTON NC 28405
R04413- 002 - 018 -000
JOHNSON WILLIAM D MONICA B
110 VISTAMAR DR WILMINGTON NC 28405
8 04413 -002- 030000
WHEEL ESTATES INC
6301 TOII LES RD WILMINGTON TON NC 28409
R04409- 002 - 003 -000
MELTON PATRICIA Q
212 BUFF CIR WILMINGTON NC 28411
804409- - 026 -000
0310 CAMPUS PROPERTIES LLC
6128 NETTLE CIR WILMINGTON NC 28405
804414- 001 - 006 -000
IMHOF ERIC W GAIL P
202 ACER CT WILMINGTON NC 28405
R04400- 005 - 016 -000
FOYLES EDWARD HEIRS
7034 MARKET ST WILMINGTON NC 28405
R04400- 002 -010 -000
ENOCH CHAPEL MISSIONARY
7011 MARKET ST WILMINGTON NC 28405
R04414- 001007 -000
WELLS K E NETH JIB TRACY DAI SON
204 ACED CT WILMINGTON NC 28411
R04400- 002 - 011 -001
CER ANTES ALVARO MARIA
7015 MAR K ET ST WILMIN TON NC 28401
R04413 -002- 020 -000
FRIED LAWRENCE DIANE M POSTER
106 VISTAMAR DR WILMINGTON TOE NC 28405
804413- 002 - 022 -000
I OLB COLLEEN BRENNAN
102 VISTAMAR DR WILMINGTON NC 28405
R 04413 -00 - 015 - 000
HUHN DORIS A
7207 TRAILMARK RD WILMINGTON NC 28405
804409 -002- 005 -000
TURNER MICHAEL B DIANE L
201 EL OLDEN DR WI TON NC 28411
R04409- 002 - 001 -000
MURRAY BONNIE S
220 BUFF CIR WILMINGTON TON NC 28405
R04400 -005 -047 -000
MCINNIS FAMILY LIVING TRUST
2632 MIDDLE SOUND LOOP RD WILMINGTON NC 28411
R 003 - 005000
MILLIMAN ROBERT J
214 EL OLDEN DR WILMINGTON NC 25405
804409- 002 -004 -000
PLOURDE CHARLES JR
208 BUFF CIR WILMINGTON NC 28405
R0 003 - 002000
EDENS EUGENE AJR
273 BUFF CIR WILMINGTON NC 28405
804413- 002 - 001 -000
CHAMBERS BRIAN L
225 BUFF CIR WILMINGTON NC 28411
804409 -003- 001 -000
GAIN ES JAMES LORI
1605 ORION PL WI TON NIC 28405
R04413- 002 -010 -000
FRAMILLA MARTIN T ROBIN M
261 BUFF CIR WILMINGTON NC 28411
804400- 005 - 055 -000
GOULD INVESTMENTS LLC
2427 TRAM RD NEW BERN NC 28552
804409- 003 - 003 -000
SMYTHE HARRIETTE SUZANNE JOKES
277 BUFF CIR WILMINGTON NC 28411
R04409`003 -028 -000
SHEDS LLC
1000 C R E E KS I D E LN WILMINGTON N C 28411
R04414- 001008 -000
GROSSMAN SHERD OOD L LOURDES R
206 ACE CT W1 NC 28411
R0 002 -003 -000
CARNES MATTHEW 1 BELLY A
233 BUFF CIR WILMINGTON NC 28411
8 04413 -002- 007000
ONEIL RICHARD MICHAEL FIRS
249 BUFF CIR WILMINGTON T'ON 1 C 28405
Board of Commissioners Meeting
07/12/2010
16-7-13
804400- 085 -- 017 -000
804400- 005 - 022 -000
804400- 005 - 022 -001
R04409-002-002-000
804400- 002 -007 -000
R04400-005-029-000
R04400-005-081-000
(04400- 005 - 012 -000
804400- 005 - 071 -000
R04400- 005 - 070 -000
DUPREE EDNA F
CARDINAL LANES INC
JC LL
BROW BRYON HENRY III
PELSE INC
MID STATE PETROLEUM IN
COVIL CROSSING GROUP LL
LANDMARK DEVELOPERS INC
BYD DAVID G GAYLE
FISHER CALISTA
PO BOX 3202 BUFFALO NY 14240
PO BOX 10119 WILIVIIN TON NC 28404
PO BOX 895 WRIGHTSVILLEANC 28480
PQ BOX 24 I RI HTSVI LLE B. NC 2842E
PO BOX 1111 WR IG HTSVILLE BEACH IBC 28480
PCB BOX 1 048 HIGH POINT NC 27261
PO BOX 777 CAROLINA BEACH NC 2842E _
PO BOX 4127 WILMINGTON NC 2840E
4100 Paces Walk SE, Unit 4306, Atlanta, CA 30335
7107 Loqust Dr, Wilmington, NC 28405
Board of Commissioners Meeting
07/12/2010
16-7-14
EXCEPTIONAL DESIGN BONING DISTRICT
AMBERLEIGH SHORES
Appendix B
Community Meeting Summary
J - 21622
COMMUNITY MEETING SUMMARY
Two community meetings w ere held at Eaton Elementary school from 6:30p ri — 8pm on
February 22, 2010 and March 2, 2010 for the property owners within Soo feet -of the proposed
development. A list of the property owners notified via US Postal service can be found in
,appendix A. The conceptual play presented at the meetings can be found in the pocket at the
end of this report.
total of four citizens attended the first meeting, and none attended the second. Sign-in
sheets are included in the pages to follow with comments as applicable.
arc floral Design Zoning District -21622
mr1ih Shores
Board of Commissioners Meeting
07/12/2010
16-7-17
PAGE 11
Amberleigh Shores
Community Meeting
Febr 22,, 2010
6.30 - 8.00 P
Please print clearly
Name: -JR"; C3' �-�'/ E.,�dG
Address:
Phone Number:
Co mments:
U // 11J1.0 l U
16-7-18
Amberleigh Shores
Community Meeting
February 22, 2010
6:30 — 8:00 pm
Please print clearly
Name:
Address
Phone Numb,
Comments:
U // 11J1.0 l U
16-7-19
Amberleigh Shores
Community Meeting
February 22, 2010
6:30 — 8:00 Pry
Please print clearly
Name: t ��r� f( � I��r� I r 0
Address: c, ,Z III JJ/e :'Cod -_
Phone Number:
Comments:
07/12/2010
16 -7 -20
XCEPTIONAL DESIGN ZONING DISTRICT
AMBERLEIGH SHORES
Appendix C
Survey Metes and Bounds Description
J — 21622
PREPARED BY:
THOMAS & HUTTON ENGINEERING CO.
SAVANNAH, GEORGIA* BRUNSWICK, G
CHARLESTON, SOUTH CAROLINA MYRTLE BEACH, SOUTH CAROLINA
Board of Commissj jJ MRQ ONE NoRTF, CAROLNA
07/12/2010
16 -7 -21
STROUD ENGINEERING, RA,
CONSU LTING - ENGNEERS
102 -D CINEMA D �.
WIL II TON, NORTH CAROLINA 26403 � CAS de
? .g ' ..
.w. L 4
DESCRIPTION FOR .: L-
REZONING
;11 S U 5 IL LK� ,
BEHIND PAGES CREEK MARINE
0 �A
17.56 ACRES
Commencing at the westerly corner of a parcel described in a deed to Phillips propcilies
of Wilmington, LLC recorded in Deed Boob 4396 at Wage 463 in the New 1lanover
County Registry; Said point being at the intersect ion of the northeasterly line of Lot 12 of
the A.P. So t erla d, et al, tracts and the southeasterly right- ollway fine of Military Cut-
Off Road (S.R. 1409, l 00-foot wide public right-of-way) as shown on a map reoor ed in
Map Book 4 at Page 96 in the New Hanover County Registry (said S.R. 1 409 presently
shorn as S.R. 2914 an unnamed service road) and being the point of beginning.
'hence, ' f'rona said point of beginning Tith said southeasterly right-of-way line of th
un named service road as it curves to the ri ght, No rth 2 degrees 02 minutes 47 second
Eat a chord distance of 1 50.00 feet to a, point. Thence North 27 degrees 11. minutes o
seconds East a chord distance of 50.00 feet to a point at the wester corner of a
parcel described in a deed to The McInnis Family Living Trust recorded Deed Book 5329
a t page 241 in the New Hanover County Registry. Thence, l eaving said right -o# -way an
w ith the lines of said McInnis tract, SOLIth 55 de 52 minutes 13 seconds East a
distance of 73.39 feet to a point. Thence South 34 degrees 19 minutes 32 seconds 'west a
d-istwi e of 24.97 feet to a point, Thence South 55 degrees 42 minutes 41 seconds East a
distance of I 1 9.16 feet to a point. Thence North 34 degrees 23 in i nutes 43 seconds East a
distance of 75.03 feet to a point in a southwesterly line of a tract described in a deed t
SJ of Wilmington, LLC recorded in Deed. Book 11 at Page 181 o in the New Hanover
County Registry, T with said CSJ line, South 55 degrees 52 minutes 09 seconds
East a distance of 178.75 feet to a point i.n a northwesterly lire of a parcel described in a
deed to Phillips Properties of Wilmington, 1.LC' recorded in 1. eed Book 4441 at page 3
in the New Hanover County Registry. istry. heiiee, with the lilies of s Phillips Tract, North
45 degrees 21 minutes 29 seconds Eat a distance of H 7. 15 feet to a point. Thence North
45 degrees 37 n 34 seconds East a distance of 286.01 feet to a point, Thence North
48 degrees 51 minutes 7 seconds East a distance of 438.52 feet to point in a
southwesterly line of El Ogden as shown on a map recorded in Map.Book 14 at Page 42
in the New Hanover County .registry. Thence, with said line of El Ogden, South 50
degrees 08 minutes 54 seconds East a distance of 998.36 feet to a point in a northerly line
of Phase 3 pepper Tree at Covil Estates as shown on neap recorded in Map Book 36 at
Wage 399 in the New 11anover C ounty Registry. Thence, with said line of pepper Tree
I 0 7COMMERCE S I - IESTRON PLAZA TW
SU B 102 - C INEMA DRIVE 151 -A HWY 24
REEriVILLE, NG 27858 WILMINGTON, C Reefin MOREHEAD C ITE', N 28557
(252) 756 -9352 Board of qr _
07/12/2010 rs
(252) 247 - 7479
16 -7 -22
and the lines of Covii Crossing at C Estates as shown on a map recorded in Map
Book 51 at Page 148 in the new Hanover County Registry, South 75 degrees 4 minutes
seconds West a distance of 349.97 feet to a point. 'I' hence Sout h 88 degrees
minutes 39 seconds 'west a distance of 150.12 feet to a point, Thence North degrees
2 minutes 57 seeonds West a distanec of 244.78 1� t to point. Thence South 87
degrees 50 minutes 27 seconds West a distance of 164.55 feet to a point. Vienee Sout
22 degrees 16 minutes 45 seconds West a distance of 454.42 feet to a point at the
southernmost comer of a parcel indicated in the name of "I'he Cornelius Nixon Trust as
shown on a map recorded in Map Book 40 at Page 52 in the New Hanover County
Registry. Thence, with the southwesterly line of said Nixon tract, North 55 degrees 3
mints 20 seconds 'Nest a distance of 304.91 feet to a point at the westemmost corner of
said Nixon tract. Said p oint being the southernmost comer of a parcel described in a deed
to Phillips Properties of Wilmington, ton, LLC recorded in .deed Boole 4441 at .Page 503 in
the New Hanover County Registry. Thence, wi said Phillips Southwesterly line, North
degrees 33 minutes 32 seconds West a distance of 304,85 Feet to a point at the
southernmost corner* of a parcel described in a deed to Phillips Properties of Wilmington,
LLC recorded in Deed Book 4396 at Page 463 in the New Hanover County Registry,
Thence, with said Phillips southwesterly line North 5 degrees 52 minutes 15 seconds
'west a distance of 291.19 feet to the PC 11 T OF BEGINNING.
The above described parcel coritairis 17.56 acres (764725 sq. i.. A ll bearings are based
on I.C. Grid N801 datum,
Board of Commissioners Meeting
07/12/2010
16 -7 -23
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EXCEPTIONAL DESIGN ZONING DISTRICT
AMBERLEIGH SHORES
Appendix D
Traffic Impact Analysis
J - 21622
PREPARED By
THOMAS & HUTTON ENGINEERING CO.
SAVANNAH, GEORGIA * BRUNSWICK, GEORGIA
CHARMfiT01t4qSQUTra4SAdtQL1NA •MYRTLE BEACH, SOUTH CAROLINA.
07/12/2
16 - 7 ILMrNGTarr, NORTH CAROLINA
AMBERLEIGH SHORES
TRAFFIC IMPACT ANALYSIS
WILMINGTON,
NORTH CAROLINA
FEBRUARY 201 O
PREPARED FOR:
FLOURNOY DEVELOPMENT CO.
J - 21622.402
PREPARED BY:
w � 2
M
THOMAS & HUTTON ENGINEERING CO.
WlLmrNG'-r0N, NORTH CAROLINA
CHARLF,STON, SOU TH CAROLINA # MYRT1,E BEACH, SOUTH CAROLIN
SAVANNA14, GE ORG IA BRUNSWICK, GEORGIA
Board of Commissioners Meeting
07/12/2010
16 -7 -26
Amberleigh Shores - Traffic Impact Analysis
February 2010
TABLE OF CONTENTS
PAGE
1,
INTRODUCTION
1
2.
ExiSTING CONDITIONS
FIGURE 4 -
3.
COMMITTED IMPROVEMENTS AND APPROVED DEVELOPMENTS
FIGURE 5 -
4.
No-BUILD VOLUMES
FIGURE 6A -
5.
TRIP GENERATION
FIGURE 6B -
PM SITE GENERATED TLtIPS
TRIP DISTRIBUTION
FIGURE 7 -
BUILD VOLUMES (2013)
TRIP ASSIGNMENT
8.
FUTURE CONDITIONS
9.
CONCLUSIONS RECOMMENDATIONS
1
FIGURES
FIGURE 1 -
LOCATION MAP
2
FIGURE 2 -
SITE LOCATION
3
FIGURE 3 -
EXISTING VOLUMES
5
FIGURE 4 -
NO -BUILD VOLUMES
7
FIGURE 5 -
'IRIP DISTRI£3UTION
$
FIGURE 6A -
AM SITE GENERATED Tarns
10
FIGURE 6B -
PM SITE GENERATED TLtIPS
11
FIGURE 7 -
BUILD VOLUMES (2013)
12
APPENDIX
TRAFFIC COUNTS
CAPACITY ANALYSES
Thomas Hutton Engineering Co. Page i
Board of Commissioners Meeting
07/12/2010
16 -7 -27
Amberlelgh Shores - Traffic Impact Analysis February 2010
1. INTRODUCTION
273 -unit apartment complex, A berleigh Shores, is proposed near the intersection of Military
Cutoff Road and Market Street in Wilmington. The development is anticipated to be completed
in 2013.
Two access points to the development are proposed. One access would be on an existing frontage
road off Market Street that currently provides access to the Pages Creek Marine Services.
Another access would be located on Military Cutoff Toad. The existing frontage road intersects
Military Cutoff Road approximately 50 feet south of the Market Street intersection. This frontage
road intersection is proposed to be relocated to a location approximately 200 feet south of the
Market Street intersection. Both access points would be restricted to right -in, right -out
movements. An existing business, Pages Creek Marine Services, would e removed.
previous traffic impact study was completed in 2008 for a proposed development on a portion
of this property. Sines then, the property limits have been expanded to include additional parcels
(including the Pages Creek Marine Services property) and the access plan has been revised. The
site location is show. in Figure 1. The preliminary site plan is shown in Figure 2.
The scope of this study was coordinated with NCDOT and the City of Wilmington. The
following intersections were identified for inclusion in the traffic study:
Market Street and Military Cutoff Toad
Market Street and Cordon Toad
Gordon Road and Military Cutoff Toad
Site access with Military Cutoff Toad
• Site access with Market Street
Thomas & Mutton Engineering C. Page 1
Board of Commissioners Meeting
07/12/2010
16 -7 -28
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Amborleigh Shores - Traffic Impact Analysis February 2010
2. ExiSTING CONDITIONS
Market Street is a five lane roadway within the vicinity of the site. Near the project, the posted
speed limit is 45 mph. According to the most recent A T data available from the NCI T,
Market Street had a 2007 A T of 37,000 vehicles per day vpd southwest of Military Cutoff
Road and 52,000 vpd northeast of Military Cutoff Road.
Military Cutoff Road is a four lane median divided facility near the project. The posted speed
limit is 45 mph. The 2007 ,A T was 16,000 vpd j ust south of Market Street.
Gordon load is a five lane roadway with a posted speed limit of 35 mph. The 2007 ADT was
12,000 vpd just south of Market Street.
All of the study intersections are signalized.
Weekday peak hour turning movement counts were taken at each of the study intersections in
January 2010. The existing counts are shown in Figure 3. Intersection diagrams and the detailed
count data are included in the appendix. Capacity analyses were completed based on the 20 1
count; results are shown in Table 1.
Table 1. E Levels of Seri 2 1
Intersection
Con r l
AM
PEAK
PM PEAK
Delay
Delay
fsee/veh
Cordon and Market
Signal
. -Asec/veh)
NB Market
C
27
D
43
SB Market
D
36
C
2
EB Cordon
E
67
F
101
WB Cordon
E
62
E
76
Overall
D
44
E
57
Cordon and Military Cutoff
Signal
NB Military Cutoff
C
22
C
21
B Military Cutoff
A
6
B
12
EB Cordon
D
43
D
40
Overall
B
19
C
Military Cutoff and Market
Signal
NB Market
C
25
F
SB Market
C
21
B
1
wB Military Cutoff
C
34
D
52
Overall
C
23
D
54
The 20 10 counts shoved slight differences from the counts taken in 2008 as part of the previous
study. The overall Levels of Service at each intersection., however, were the same as previously
indicated.
The Gordo Street Market Street intersection had the highest delays, with a LOS E in the
afternoon peak hour. Certain movements at the Military Cutoff Road Market Street intersection
operate with relatively substantial delays, but the overall operations are generally the same as
previously documented.
Thomas & Hutton Engineering Co. Page
Board of Commissioners Meeting
07/12/2010
16 -7 -31
N: 21 6 2 dwg Exhlbl#a 7fA Fi gut *a\?-16 $ .F03.dwg Feb 10. 2010 - 7:47:22
A berleigh Shores - Traffic Impact Analysis February 2010
3 . CO MMITT E D IMPROV AND APPR D
In initial scopffig correspondence with NCDOT and the City, no adjacent development n
corn .fitted improvements were identified d for inclusion in the analysis.
4 . No -BU VO LUME (2013)
To predict the future ( volumes, existing traffic counts (January 2 10 ) are raised by an
annual rate of % to account for general growth in the area. Growth assumptions were
coordinated with NC DOT and the City; no volumes are shown in Figure .
5 . TRIP G ENERATI ON
Trips generated by the proposed development are estimated using the standard methodology and
equations in the Institute of Transportation Engineers, Trip Generation, 8 Edition, 2008 Trip
generation is shorn in Fable 2. Sine the proposed plan includes only a single use residential
development, pass -by and internal capture rates are not applied.
Table 2. Trip Generation — Amberl i h Shores
LAND USE WEEKDAY RATES
�� LAND �TE AI P� � .
PEAK
RJR IN OUT IN OUT
A.artrr�er�ts
22 273 units 1,77 2 11 1 09 59
Source: Institute of Transportation Engineers, Trip Gen ditin
TRIP D ISTRIBUTION
The site generated trips are distributed on the area roadways based on the existing traffic patterns
collected, engineering judgment, and previous studies completed in the area. Site trip distribution
was coordinated with NCT and the City as part of the scoping process.
Trips to and from the development are assumed to foll the patterns below.
a to Mar ket Street south
20% to Market Street north
0 25% to Military Cutoff Road south
0 15% to cordon Road west
A s mentioned, both access points are restricte t ri ght - 1n, right - out movements on ly. These turn
restrictions will dictate some of the patterns entering and exiting the site. For example, entering
vehicles coning from the north areas on Market Street will turn left at Military Cutoff Road,
male a -tuna at Gordon Road, and turn right into the access point on Military Cutoff Road. All
o f the entering and exiting pa.tt ms are displayed in Figure 5.
Thomas & Hutton Engineering C. page 6
Board of Commissioners Meeting
07/12/2010
16 -7 -33
SITE
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(000) PIS PEAK HOUR VOLUMES
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16 -7 -34
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,THOMAS HUTTOT4 ENCIN'EERMG C0.,
219 STATION ROAID
SUITE: 101
WILMNGToN, NC. 28405
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PHONE: (MG) 332-3360
FAX: (910) 332-3361
R
GEORGIA
SOLMH CA ROLIKA
NORTH
WWW.THOMAS-HUTTON.COM
• SAVANNAH, BRUNSWICK
- CH AR I =a'rf%u; K114, v, la., IWA CH
CAROLINA WILM NGTON
AMBERLEIGH SHORES
NEW HANOVER COUNTY, NORTH CAROLINA
TE TRIP DISTRIBUTIONS
and of Commissioners W61et'
ma "
16-7-35
Amb rl zgh Shores - Traffic Impact Analysis February 2010
7. TRIP ASSIGNMENT
The site - generated trips are assigned to each of the study intersections and access points based on
the trip distribution assumptions. Site generated trips are shown in Figure 6A and 6B.
The site generated volumes are added to the 2013 n -build volumes (Figure 3 ) to determine the
morning and afternoon design volumes (Figure 7).
S. F[r'ruxE (No- BUILD /BUILD OUT ) CONDITIONS
The future volumes are used to calculate the intersection Levels of Service with and without the
proposed development. Results of the capacity analyses are shown its the Table .
Table 3. Future Levels of Service (2 013
2013 AM
Peak Hour
2013 PM Peak Hour
INTERSECTION
No -Build
Build Out
No -Build
Build Out
Cordon and Market Signal
B Market C 27
C 27
D 47
D 4
B Market D 3
D 38
C 2
C 2
EB Condon E 72
E 73
127
F (133)
WB Cordon E 67
B 67
F 109
F 11
F Overall D 47
D 47
E 9
E 71
Cordon and Military Cutoff Signal
NB Military Cutoff C 22
C 22
C 20
C 20
SB Milit Cutoff A 7
B ( . !3 1 .
B 14
EB Cordon D 43
D 4
D 3
D 39
Overall B 19
B 2
C 22
22
Military Cutoff and Market Signal
NB Market 30
D 3
F 12
F 131
SB Market C 23
C 27
C 21
C 4
VVB Military Cutoff C 32
D 38
E 74
F 1
Overall C
31
E 7
E 7
Site Access and Military Cutoff' Sto
I,C only
Site a outbound right
1
Site Access and Military Cutoff Stop
R IAO only
Site access outbound right -
A
-
B I4
The Cordon Street Market Street and the Military Cutoff Road Market Street intersections
are
anticipated to function at LOS E for both the no-build and build-out conditions. The Gordan
Street Military Cutoff Road intersection sbould continue
to function with relatively Min r delays
under the no -build and build out conditions. At the site access points, delays for vehicles leaving
the development should be relatively minor.
Given the minimal site volumes in relation to the overall background traffic, the proposed
development should not have substantial impact on the operations of each of the study
intersections.
Thomas & Hutton Engineering Co. Page 9
Board of Commissioners Meeting
07/12/2010
16 -7 -36
SITE
� s
loo ccf
A. /04
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I
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(400) OUTBOUND TRIPS
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16 -7 -37
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16 -7 -38
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k
Amb rleigh Shores - Traffic Impact Analysis February 2010
As mentioned, a traffic impact study for a proposed development on a portion of the subject
property was completed in 2008. In this current analysis, the existing, background no- build),
and build out operations are essentially the sane in terms of overall LOS) as indicated in the
previous study.
Market Street and Gordon Road
The intersection was analyzed under the existing, no-build, and build -out conditions. The
existing conditions analyses indicate some relatively substantial delays in the peak hours (LOS D
in the morning, LOS E in the afternoon). Under the no-build scenario, both Gordon Street
approaches are anticipated to operate at LOS F during the afternoon peak hour. For both the no-
build and build -out scenarios, an overall intersection LOS E is expected during the morning and
afternoon peak hours.
Military Cutoff Road and Gordon Road
The intersection was analyzed under the existing, no- build, and build -out conditions. In each
case, the overall intersection 1s anticipated to operate at LOS B in the morning peak hour and
LOS C in the afternoon peak hour.
Military Cutoff Road and Market Street
The intersection currently functions at LOS C in the morning peak hour and LOS D/E in the
afternoon peak hour. Delays on the northbound Market Street approach and the westbound
Military Cutoff f F a l appr oach are substantial in the afternoon peak hour. Under the -build and
build -out scenarios, these approaches could be expected to experience LOS F conditions. The
overall intersection is anticlpat d to operate at LOS E in the afternoon peak hour under no-build
and build -out conditions.
Development Access Points
Two access points are proposed to serve the development; both are proposed to allow only right- -
in., right -out movements. The access point on Market Street provides an existing right turn bay
(120' storage, 100' taper) and is located i ust past the Military Cutoff Road intersection. The other
access point 1s proposed on Military Cutoff f Road south of the Market Street intersection. The
Military Cutoff Road access will relocate an existing frontage road to the south of its existing
location.
Right -in, right-out access on Military Cutoff Road
The right -in, right -out access should function adequately with the design volumes. The existing
frontage road intersection is approximately 50 feet south of the Market Street intersection. Even
with the proposed relocation to a spot approximately 200 feet south of the intersection, queues on
Military Cutoff Road will at times block the outbound access. While not ideal, the proposed
relocation of the frontage road should improve the operating conditions of the access.
The frontage road is proposed to be relocated as far as possible from the signalized intersection,
given the right-of-way constraints. Since the access will continue to be within the limits of the
turn lames approaching Market t Street, an additional right turn lane into the site access is not
recommended.
Thomas & Fulton Engineering Co.
Page 1
Board of Commissioners Meeting
07/12/2010
16 -7 -40
Amberl igh Shores - Traffic ie Impa t Analysis February 2010
Right -in, right -out access on Market Street
The right -in, right-out access should continue to fanction adequately. The existing configuration
provides a northbound right turn bay (120" storage, 100' taper) approaching the access. With the
proposed development, left turns into the site (from Market Street) should be restricted with an
extension of the existing raised median.
9. CONCLUSIONS/ RECOMMENDATIONS
273 -unit apartment complex, Amberlei h Shores, is proposed near the intersection of Military
Cutoff Road and Market Street in Wilmington. The development is anticipated to be completed
in 2013. An existing business, Pages Creek Marine Services, would be removed.
Capacity analyses were completed for the 2010 existing, the 2013 no -wild, and the 2013 build-
out conditions. Intersections analyzed include the Market Street Military Cutoff Road
intersection, the Market Street Cordon Road intersection, and the Cordon Load Military Cutoff
Road intersection. Several capacity deficiencies are noted, The Gordon Road Market Street and
the Military Cutoff Road Market Street intersections are both expected to operate at LOS
under future year conditions (no-build and build -out) . The Condon Road Military Cutoff Road
intersection should f mctl n adequately (LOS B/Q through the 2013 design year.
Two access points to the development are proposed. One access would be on an existing frontage
road off Market Strut that currently provides access to the Pages Creek Marine Services.
Another access would be located on Military Cutoff Road,
As part of the proposed development, roadway improvement recommendations in lud :
• Relocate the existing frontage road intersection with Military Cutoff Road to . location
approximately 200 feet south of the Market Street intersection
• Extend the raised median on Market Street to prohibit left turn movements into the
development at the existing Pages Creek Marina entrance)
• Restrict both access points to allow only right -in, right -out movements
Thomas & Dutton Engineering Co. .gage 1
Board of Commissioners Meeting
07/12/2010
16 -7 -41
{
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C nter: D4-4422
Technician: WB
Weather: Fair
Other: T&H
TRAFFic DATA CONNECTION
PO Box 445
ABBEVILLE GA 3 1001
843.2 1 6.3344
Groups Printed- Cars - Truck and Buses - U Turns
File Name 10107-01
- Site Code 01010701
Start Date 1/27/2010
Pa No 1
Board of Commissioners Meetin
07/12/2010
16-7-43
Market St
Market St
Business Access
i
Militar Cutoff Rd
Northbound
Southbound
Eastbound
_ -- - in -Total
Peds A T W
Start Time I Left Thiu Kiot p
I __
ThWFRi
Peds
App, Ton
T ' U
R� 1 Peds
I. . - _...
;_�kppjotfli
_. - ... -
Loft
-. . __ J.
Thru
Peels
App. Total
t. I i
07:00 Am 1
0
146
0
0 146
114
339
0
0 453 1
0
0
0
0 0
0
0
73
1
74
673
07:15 Am i
1
189
0
0 190 1
120
485
1
0 606 1
0
0
0
0 0
1
0
108
0
109 1
905
07:30 AM
2
213
3
0 218
183
565
0
0 748 i
0
0
0
0 0
0
1
89
0
90 11
1056
07:45
. A
1
246
0
0 247 1
258
562
0
0 820
0
0
0
0 0
1
5
98
0
104 1
1171
Total i
4
794
3
0 801 11
675
1951
1
0 2627
0
0
0
0 0
2
6
368
1
377
3805
08-00 AM
1
289
0
0 290
200
463
0
0 663
0
0
0
0 0 1
3
0
83
0
86
1039
08-15 AM
0
271
0
0 271
251
417
0
0 668
0
1
0
0 1
2
0
112
0
114
1054
08:30 AM
0
271
5
0 276
210
383
0
0 593
0
0
0
0 0
3
0
98
0
101
970
08:45 AM
4
196
2
0 202
22 0
410
0
0 630
0
0
1
0 1
1
0
86
0
920
Total
5
1027
7
0 1039
881
1673
0
0 2554
1
1
0 2
9
0
379
0
388 1
3983
BREAK ***
04-00 PM
1
417
6
0 424 i
212
246
0
0 458
1
1
0
0 2
7
1
210
0
218
1102
04:15 PM I
1
319
2
0 322
145
278
0
0 423
0
0
0
0 0
5
2
195
20
222 i
967
04-30 PM I
04:45 PM
1
0
375
428
0
1
0 376
0 429
173
156
319
296
1
0
1 494
0 452
0
2
1
1
0
0
0 1 1
A. _1
2
4
0
1..
249
2.30.
0
251 1
236
1122
1120
Total
3
1539
9
0 1551
686
1139
1
1 1827
3
3
0
0 6
18
4
884
21
927
4311
05.00 PM
1
433
0
0 434
172
286
0
1 459
1
1
1
0 3
9
0
293
2
304
1200
05.15 PM 1
0
448
1
1 450
189
361
0
0 550
2
1
0
0 3
7
3
246
0
256
1259
05.30 PM I
1
429
0
0 430
180
296
0
0 476
0
1
0
0 1
3
0
244
0
247
1154
05.45 PM
0
452
1
0 453
140
266
0
2 408
0
0
0 0
9
0
0
206
1067
Total
2
1762
2
1 1767
681
1209
0
3 1893
3
3
1
0 7
28
-
3
-- - 197
980
2
1013
4690
Grand Total
14
5122
21
1 5158
2923
5972
2
4 8901
6
7
2
0 15
57
13
2611
24
2705
16779
Appreh %
0.3
993
0.4
0
32.8
67.1
0
0 1
40
46.7
133
0 1
2.1
0.5
96.5
0.9
Total %
0.1
30.5
0.1
0 30.7..
174
35.6
0
0 53
0
0
0 0.1 j
0.1
.
156
.
01
16.1
Cars
11
5080
16
1 5108
2904
5909
2
4 8819
6
7
2
o 15
50
13
2596
22
2681
16623
% Cars 78.6
99.2
7&2 100
99
99.3
98.9
1 00 100
99.1
100
100
100
0 OQ i
87.7
100
99.4
91.7
99.1
99.1
Truck and Buses
I
I§e TnLck and Buses ---
-0
0.8
23.8
0 0.9 0.7
Ll
0
0 0.91
0
0
0
0 01
5.3
0
0.6
8.3
0.7
0.9
U Tums
3
0
0
0 3
0
0
0
0 0
0
0
0
0 0
4
0
0
0
4
7
% U Turns 1 21.4
0
0
0 0.1
0
0
0
0 0
0
0
0
0 0
7
0
0
0
0'1
0
Board of Commissioners Meetin
07/12/2010
16-7-43
Counter: D -4422
Technician : W
We Fair
O ther: T &H
TRAFFic D ATA CONNECnON
PC) Box 445
ABBEVILL.E GA 31001
843- 216-3304
File Name e : 10107 -
- Site Code : 1 1 0701
Start Date : 1/27/201
Page No 2
o
*41
.._. .- - ......
i
Cp C ii tZ
North
��
t_..-
° ...... � '
-.. �.I
112712010 27'12010 06.45 Phi ;
2
Q C�
1
P
C? c�T'
LL
Cars
a l l
Truck and Buses
- 4 4L ca v1 �
w _ ...... ,_.._,
Market S
but Ire Toter
768 ' 88 '
5 7' 2 1 3 � 1
0 P.
-7 _ MAO
....� -. L--- + - } - - -- -- -------- -- - --- --- -- . -..... .... - .. -._. 1 5909 I
0 i ; 3 19 1 ,
}I
0; 0 0° -- ,
Right Thru Left Pads �
i
Board of Commissioners Meeting
07/12/2010
16 -7 -44
.._. .- - ......
i
North
��
t_..-
° ...... � '
-.. �.I
112712010 27'12010 06.45 Phi ;
2
Q C�
1
Cars
Truck and Buses
- 4 4L ca v1 �
w _ ...... ,_.._,
- _lJ..7um . ...... ..... . ........ :
+ F
R " 0
a
L eft Thru RI
1 d
'� 508
1
0..
42
51 0
'.
0
-- -- , --
- -- .1
------ _211-
j
5960 5 0
2 1 0
C
66 f 47
11
.�
�. -..... 7i
Out in Total
Board of Commissioners Meeting
07/12/2010
16 -7 -44
Counter: D4-4422
Technician: WB
Weather- Fair
Other: T&H
File Name : 101 o -o1
- Site Code : o1 o1 0701
Start Data : 1/27/2010
Pa No :3
I out ------- I.1 -- ---- 24
.9
- T'
Ri Thru Left Pds
'- C)
12 i F
to Lj
U)
C FE
fj>
Q.
0
AD
Peak Hour Data
North
Peak Hour Be at 07:30 Ah�
r
Cars
Truck and Buses
----- --- -- - - --
4-: r
Left Thru Ri Peels
L ----- - ------
L-zo-d
out In Total
-Markf.-t St
C)
i0o
10.
2 o
0
CL wig
i . C j . 5 ., I
.'..
Board of Commissioners Meetin
07/12/2010
16-7-45
Market St
Market St
Business Access
Militar Cutoff Rd
I
Northbound
Southbound
I
Eastbound
Westbound
Start Time Left
ThTu Total
Left
Thra
Ri F)ed
Tow – ii g bt Peds
�p I T
-Tc�ta
Left
Thru 1 Ri Peds Total
Int, Total
Peak Hour Anal From 07:00 AM to 11:45 AM - Peak
I of I
Peak Hour for Entire Intersection Be at 07:30 AM
07:30 AM 2
213 3 0 218 1
183
565
0
0 748 0
0 0 0
0
0
1 89 0
90
1056
07:45 AM 1
246 0 0 247
258
562
0
0 820 1 0
0 0 0
0
1
5 98 0
104
1171
08:00 AM 1
289 0 0 290
200
463
0
0 663 0
0 0 0
0
3
0 83 0
86 1 1
1039
08:15 Am
0
271 0 0 271
251
417
0
0 668 0
1 0 0
1
2
0 0
112
114 1
1054
Total Volume
4
1019 3 0 1026
892
2007
0
0 2899 0
1 0 0
1 1 1
6
6 382 0
394
4320
%p App. Total
PHF
1 .500
.881 .250 .000 .884
.864
.888
.000 000
– - ----
.884 11 .000
.250 000 .000
.250 1
.500
.300 .853 .000
.864
.922
I out ------- I.1 -- ---- 24
.9
- T'
Ri Thru Left Pds
'- C)
12 i F
to Lj
U)
C FE
fj>
Q.
0
AD
Peak Hour Data
North
Peak Hour Be at 07:30 Ah�
r
Cars
Truck and Buses
----- --- -- - - --
4-: r
Left Thru Ri Peels
L ----- - ------
L-zo-d
out In Total
-Markf.-t St
C)
i0o
10.
2 o
0
CL wig
i . C j . 5 ., I
.'..
Board of Commissioners Meetin
07/12/2010
16-7-45
Counter: D4-4422
Technician: WB
Weather: Fair
Other: T&H
File Name 10107-01
- Site Code 01010701
Start Date 1/27/2010
Pa No :4
- r .-
- - -. - -- ' - ----
Market St
-- - - -- - - -- -
- -- .. .- ---
M arket
Market St
i-14U
North
Busin - -- - - - - --
Access
- - I
- - .-- - - -
M - - - - - ' -- -
Militar Cutoff Rd
'
Peak Hour s at 04 ii i�l
Northbound
r
Southbound
T
I
I
Eastbound-
U Turns
ra
Westbound
Start Time Left
Thr Ri Peds
Left
ThFu Ri Peds
Left
Thru Ri Peds
Left
Thru Ri
U :
; App. Total
I
J—
I
A pp.
App, T o t al
beds i
App. Total
Int. Total
.-- - --- ..
Peak Hour Anal From 12:00 PM to 05:45 PM - Peak I of I
Peak Hour for Entire Intersection
Be at 04:45 PM
04:45 PM 0
428 1 0
429 1
156
296 0 0
452
2
1 0 0
3
4
1 230
1
236
1120
05:00 PM 1
433 0 0
434 I
172
286 0 1
459 i
1
1 1 0
3
9
0 293
2
304
1200
05-15 PM 0
448 1 1
450
189
361 0 0
550
2
1 0 0
3
7
3 246
0
256
1259
05-30 PM 1
429 0 0
430
180
296 0 0
476
0
1 0 0
1
3
0 244
0
247
1154
Total Volume 2
1738 2 1
1743
697
1239 0 1
1937
5
4 1 0
10
23
4 1013
3
1043
4733
Total
PHF .500
.970 .500 .250
.968 .922
.858 .000 .250
880 625
L000 .250 .000
s '
.639
.333 .864
.37'5'
.858
.940
Market St
Out In.- Total
l..... ZT50 9 --.403
Ri Thru Left Peds
Peak Hour Data
2
F
Board of Commissioners Meetin
07/12/2010
16-7-46
-A
=7 1-6
i-14U
North
.. . ... . . .....
2 ;4*
!
Peak Hour s at 04 ii i�l
5 7 0
Cars
I
Truck and Buses
I
I
U Turns
ra
,hru' Ri Peels
left. -
.2 173
126 1 174
Out In Total
MnrkaL-St -----------
Board of Commissioners Meetin
07/12/2010
16-7-46
Ej
Op
NO
JOB No; NO
Board of Commissioners Meetin
07/12/2010
16-7-47
Counter; D -03
Technician : XV
Weather: Fair
Other: T &H
TRAF Fic D ATA CONNECTION
TION
PO Box 445
BBEVILLE G 3 1 00 1
843.2 1 60.3304
r u _ps Printe Cars = Truc k and - Buses - U Tur
File Name : 1010
- Site Code 01010702
Mart Date : 1/27/2010
Page No 1
Board of Commissioners Meeting
07/12/2010
16 -7 -48
M ilitary Cutoff Rd
Military Cutoff rd
Gordon Rd
- --
Start T ime I
T
Northbound
-- -- .
-
1181 i Right Peds _
- -•-
App. ' i_otal
Southbound
-
Leff T ru
- -- - -- -
P_e_ I App._1`otal
Left
-- - -...
Eastbound
-
'�`11ru ; Rl& Pe
-- .
_ App. Tota
Westbound
- -- - - -- - - -- . -
Left j T�1Tu . -.1 PeC�s ...
:. APP - Total
ant. Total J
07:00 AM
53
70
0
0
123
2
36
3
0
101 �-
0
41
0
44
0
0
0
0
0 f
268
07:15 All
59
103
0
0
162
1
118
7
0
126
0
0
5 5
0
55
0
0
0
0
0
343
07:30 All
45
95
0
0
140
0
180
9
0
189
2
0
85
0
87
0
0
0
0
0
41
07:45 AM �
- 2
97
.0_
0 ...
189
1
1
- 10 -
- -
207
1
0
89
0
0
0
0.
0
485
Total '
249
365
0
0
614
4
590
29
0
623 I
6
0
269
0
275
-
0
-
0
0
0
-
0,
- .
1512
08:00 AM
88
71
0
0
159
2
217
9
0
228
2
0
73
0
75
0
0
0
1
1
463
08:15 AM
57
100
0
0
157
0
210
9
0
219
2
0
94
0
96
0
0
0
0
0
472
08:30 AM
53
102
0
0
155
0
142
9
0
151
5
0
87
0
92 I
0
0
0
0
0
398
-- 08:45 AII
67
1
0
0
148 I
1 83
9
0
194
4
71
0
7 :-
0
0
0
0
417
Total C
_ -
265
- -. -
354
- -
0
0
;-
619
- -
4
752
36
0
792:
13
- ...
0
- .
325
0
-- --
338
-
0
0
0
--
1
- . ,
1
1750
* BREAK
04:00 PM ;
120
152
0
0
272 ;
1
1 44
6
0
151
7
2
90
0
99 ;
0
0
0
0
0
522
04:15 P
93
201
0
0
294
1
149
7
0
157 i
11
0
90
1
102
0
0
0
0
0 i
553
04:30 PM
111
175
0
0
286
0
149
4
0
153
8
0
77
1
86
0
0
0
0
0
525
X4:45 P M
10
14
0 -- -
0
286
0
147
6
0
0
10
0
124
0
0
0
0
563
Total
426
712
0
0
1138
-
2
589
23
-
0
._.
614
- 14
40
2
....
367
-
2
411
0
0
_
0
0
- -
0
2163
05:00 PM
135
244
0
0
379 1
1
157
6
0
164.
18
0
99
0
117
0
0
0
0
0;
660
05 :15 PM
100
213
0
0
313
0
164
3
1
1 68
7
0
89
1
97
0
0
0
0
0.
578
05:30 PM !
117
198
0
0
315
0
152
12
0
1644
8
0
103
0
111
0
0
0
0
0
590
- 05 :45 PSI
71
183
0
0
260
0
134
5
0
139
11
0
105
1
117
0
0
0
0
0
51
Total i
423
844
0
0
1267
1
607
26
1
635
44
0
396
2
442
0
0
0
0
0
2344
Grand Total
1363
2275
0
0
3638
11
2538
114
1
2664
103
2
1357
4
1466
0
0
0
1
1 ;
7769
Apprch %
37.5
62.5
0
0
0.4
95.3
4.3
0
7
0.1
92.6
0.3
0
0
0
100
Total %
17_5 --
- 29.3 _ --
0
0
46.8
0._1
32.7
1.
0
34.3
1.
0
17.5
0.1
18.9 �
0
0
0
0
(1
_ ..
Cars
134
2253
0
0
3602
0
2516
107
1
212.4 !
97
1
1341
4
1443
0
0
0
1
1
7670
_. - ..._ . °a bars �.
_ -
- 0
0
99 t
99. _ ..-
93 .9
100
98.5 1 _ 94
50
98.8... -
1 . 0 0
.4 -_.
0
100
100 -
98.
Truck and Buses
a Du a
0.8
1
0 -
-
i
- - 0.9 I
19.2
0.9
6.1
0
1.2 i
1
0
1.
- Q
1.2 i
0
0
0
0
U Turns
3
0
0
0
3
9
0
0
0
9 1
5
1
0
0
6 1
0
0
.... .0
0
0
- - - -1 --
0
- -- -
1
% U Turns
0.2
0
0
0
0.1
81.8
0
0
0
0.3 i
4.9
50
0
0
0.4 1
0
0
0
0
0 1
0.2
Board of Commissioners Meeting
07/12/2010
16 -7 -48
Counter: D -2073
Technician : J'V
Weather: Fair
Other: TRH
TRAFFIC DATA A C I E TI I
PO BOX 445
ABBE ILLS G 31 00 1
843.2 1 6.3304
File Name : 1010
- Site Code : 01010702
Start Date : 1/27/201
Page No :2
Military Cutoff rd
Out In Tod
2350 2624 4974
23 31
A.
.. C ..... 4 i ...
107i 2516 0 11
l 22 2 0
0 0 '
t
Right T hru Deft Pads
. ....... ... ... ...........
cs,
a
C 4n
.......
.. ..............
I�u�l
_I i
;..- --
�-�cv
North
- - -. - -. - -- ... - ... -. -..,
� ...- _
1127!2010 07:00 Alin .
o ,_........,_.. -
112 - 7120' 0 05:45 PM
o
i � ,err
t — -
Gags
01 t
r
Truck and Buses
;. 1. Turn
..........
_ - -! -JCL ID
l -- Thru Right P d
1349 22 0r 0s
1 1 2 0
I ........... . 0 0
227U-
i..-A3-63 ------
3857 30 74
38 33 71
- -- -
Out In Total
- -- - -- -,
-�
I <D C) a
' o r. i
�.
s I' - -I
CD
QL
0 C)
Board of Commissioners Meeting
07/12/2010
16 -7 -49
Counter: D4-2073
Technician : JV
Weather: Fair
Other: TRH
File Name 101 07-02
- Site Code 010 10702
Start Date 1/27/2010
Pa No :3
Militar Cutoff Rd
Militar Cutoff rd
7
Gordon Rd
Out In Total
Northbound
Southbound
- . 80 3€ - .... .. -.. _..!
Eastbound
J_
Fli Thru Left Pads
Westbound
4.
r T'
Start Time Left Thru T
[J�j� j Peds 2 p j ata j
_LA _ '''
Left Thru gi Peds A jotal
.. - N
Left
--- I
- Thru Ri Peds App,
Left Thru
7
Ki ds
'rotal Int, Total
Peak Hour Anal From 07:00 AM to 11: 45 AM - Peak I of I
_
0
2-
Peak Hour for Entire Intersection Be at 07:30 AM
0
-E
0
- --------- -
Peak Hour Be at 07,30 A
07:30 AM 45 95 0 0 140
0 180 9 0
189 1
2
0 85
0 87
0
0
0 0
0
416
07:45 AM 92 97 0 0 189
1 196 10 0
207 11
1
0 88
0 89
0
0
0 0
0
485
08:00 AM 88 71 0 0 159
2 217 9 0
228
2
0 73
0 75
0
0
0 1
1
463
AM 57 100 0 0 157
. - --- 1 -_ - t__
0 210 9 0
- - 11 - -_ ____ -_ —_
219
2
0 94
0 96
0
0
0 0
472
V 0 0
Total olume 282 363 645
% App. 43,7
803 7
3 3 0
843
7
0 340
0 347
0
0
0 1
1
1836
Total 56.3 0 0
0.4 95.3 4.4 0
2
0 98
0
0
0
0 100
PH F L 766 908 .000 .000 .853
.375 .925 .925 .000
.924
.875
.000 .904 .000
.904 .000
.000
00() .250
.250
946
left Thru Ri Feeds
M -
T - -- -Z
IL 17"
Out In Total
M it
.... ........
j r
0
f
i�j
Board of Commissioners Meetin
07/12/2010
16-7-50
Militar Cutoff rd
Out In Total
- . 80 3€ - .... .. -.. _..!
Fli Thru Left Pads
4.
Peak Hour Data
g A
_
0
2-
Ncqth
0
-E
0
- --------- -
Peak Hour Be at 07,30 A
C.9 a ,
,
Cars
Truck and Buses
left Thru Ri Feeds
M -
T - -- -Z
IL 17"
Out In Total
M it
.... ........
j r
0
f
i�j
Board of Commissioners Meetin
07/12/2010
16-7-50
Counter -2073
Techni : J
Weather: Fair
Other: T&
T A FFic D ATA CONNECTION
FAO Box 445
ABBE ILLE G 3 1 00 1
843.2 1 6.330.E
Left Th R19ht Ped
i.. . !� i X31
Out In Total
I Pulili�anr f''.� i�nfF Rri
File Nam : 10107-
- Site Code : 01010702
Start Date : 1 /27/20 10
Page N :
i`
- =r - '
L
V) ;0
i
Board of Commissioners Meeting
07/12/2010
16 -7 -51
Military Cutoff ltd
Military Cutoff rd
Military Cutoff rd
i
Out In Total
Gordon lid
._. 0 ;. ".... ...
--
Northbound
S outhbound _
_ _
Eas
-- -'-
Westbound
tbound
-
T
S tart Time 1 Left I
i
J
� night ' Peds i App. Total j
u � I
Left I
I
Thni � night � PedS
�
Ap p. Total I
Lett �
lhru j Right I P ds
� 1
App- Tota]
Left �
Thru
I Right I
Peds
ro #al i
i�,t. Total
Peak Hour Analysis From 12:00 PM to 05:45 PM - Peak 1 of I
Truck and Buses
'a
U TP rns.. .. ..... .
Peak Hour for Entire Intersection Begins at 04:45 PM
04:45 PM
102
184 0 0 286
0
147 6 0
153
14
0 110 0
124 '
0
0
0
0
0;
563
05:00 PM
135
244 0 0 379 '
1
157 6 0
104
18
0 99 0
117
0
0
0
0
0
660
0 5 - 15 PM
i 100
213 0 0 313
0
164 3 1
168
7
0 89 1
97
0
0
0
0
0
578
- 05 :30 PM
1 17 --
- 1 98 -'- - 0 - 0 315
0
- 152 .._- ...
�'
- --
1 0
111
i
590
Total Volume 1
454
839 0 0 1293
1
620 2"7 1
649 1
47
0 401 1
449 1
0
0
0
0
- --
0
2391
App_ -
% Total 35,
'- - - - - --
6 4 .9 0
-_. _ - --
0.2
. -..
95.5 -- - 4.2 - . -
-" �
10.5 ..
'
" - - 0 89.3 . ..
0
PHA' 41
-' -- _
..860. ..000 .000 .853 �
.250
.945 .563 .2
.966 L _
653
.000 .911 .250
I -...
.905 .000
--
.000
-
.000
.000
'0 0
.906
Left Th R19ht Ped
i.. . !� i X31
Out In Total
I Pulili�anr f''.� i�nfF Rri
File Nam : 10107-
- Site Code : 01010702
Start Date : 1 /27/20 10
Page N :
i`
- =r - '
L
V) ;0
i
Board of Commissioners Meeting
07/12/2010
16 -7 -51
Military Cutoff rd
Out In Total
._. 0 ;. ".... ...
--
i Right Thru Left Plods
i
i
I
Peek Hour Data
i
North
a
Peak dour Begins
O
rr
Cars
Truck and Buses
'a
U TP rns.. .. ..... .
Left Th R19ht Ped
i.. . !� i X31
Out In Total
I Pulili�anr f''.� i�nfF Rri
File Nam : 10107-
- Site Code : 01010702
Start Date : 1 /27/20 10
Page N :
i`
- =r - '
L
V) ;0
i
Board of Commissioners Meeting
07/12/2010
16 -7 -51
owl-=
LA
Counter. D4- 2073/4422
Technician: J 11B
W Mild
Other: T&
TRAFFic DATA CONNECnON
PO Box 445
ABBE rLLE G 3100
843.2 1 6.3304
1q K( !qps Printed- Cars - Truck and Buses - U Turns
File N ame : 1 0107 -
- Site Code : 1010 032
Start Date : 1/26/2010
Page No : 1
Board of Commissioners Meeting
07/12/2010
16 -7 -53
Market Street
Market Street
Gordon R
Gordon R
Northbound
'
Southbound
Eastbound
Westbound
�
_ Start T im
Left
I Thru
l ght - :
beds -
A�p, Toul
Left
T hra � tttght Ped j A pp. Total
Left
--
Thru 11' 1 k P ds
-- - -..1 - L -
�l Total
Pp ._.. -- -
Left '�hr Right 1 Pods ods
- -- �. . ,.
I App, 'Cotal_
Int. T otal
07:00 M
1
7
7
0
123
4
133
36
0
173
4
54
37
1
138
2
3
4
1
76 t
510
07.15 AM
34
100
10
144 ;
371
98
0
478
58
7
56
0
184
24
43
5
72
878
7 :30 AM
24
91
9
0
124 ';
22
368
80
0
470
5 6
63
103
0
222
46
49
6
0
101
917
07.45 A
34
120
12
0
16D
1 1
359
52
o
422 �_
41
8 3
82
0
2 06
57
54
5
0
116
910
Total ,
_
111
408
38
0
557
46
1231
266
0
_
1543
201
270
278
1
750
159
185
20
-- 1
365 t
3215
08 :00 AM
37
14 1
23
0
201
16
319
56
0
391
63
93
70
1
227
40
66
3
0
109
928
08:15 AM
26
150
9
0
185
18
268
43
0
329
72
71
70
0
213
40
49
6
0
95
822
08:30 AM
26
98
9
1
134 ;
21
260
33
0
314:
71
82
44
0
197
25
40
3
0
68
713
8_5 AA4
32 _
-- 157
- _ 11 -
0
20_0_'
_ 1 6
_
_
_
X90
f i
57
0
211
23
43
7
0
7 i
874
Total ;
121
546
52
1
720
71
l 168
184
- - 1 - -
1
--
1424
_
264
_
342
241
-
1
--
848
l28
198 '
- 19 -
--
_
- - 345 C
3337
BREAK * *`
04:00 PM
71
244
20
0
33
18
195
51
0
264 j
1 00
6
44
7
247
33
82
9
0
124
970
04:15 PM
53
275
20
0
348
20
171
70
0
261
80
76
42
0
198
38
95
14
0
147.
954
04:30 PM
57
283
28
0
368
23
214
79
0
316
1
77
37
2
207 ;
34
8
10
1
143 i
1034
04:45 PM -
__2_2__6
297
3'4
0
- 376 ,
1
- - 205
1
2 96 -�
-- 1
100 ....-
'
_ -.._ _
.-
237 �
28
4
12
2
136
1045
Total
1099
9 102
1427
82
785
269
1
1137
352
49
179
9
809.
133
369
45
3
550
..
4003
05.00 PM
77
311
27
0
415
21
174
60
0
255
103
97
35
0
235
30
126
8
0
164
1069
05:15 PM
66
298
29
0
393
19
214
80
3
316
119
100
36
0
255
28
148
I
0
187
1151
05.30 PM
70
324
21
0
415
12
228
82
0
322
110
91
28
0
229
35
1 24
17
0
176 ,
1142
05.45 P
58 -
-- 270
25
2
355- � -
17
204
5 -
-- -
280 :
- 0
- - 112
49
1
_ 252 �.....--
7-
5
16
150 �
1137
Total'
271
1203
102
2
1578
69
820
281
3
1173
422
400
148
l
971
..
130
-... --
493
- - -
52
- --
2
6'77
4399
Grand Total
729
3256
294
3
4282 i
268
4004
1000
5
5277
1239
1361
846
12
3458
550
1245
136
6
1937 ;
14954
ppreh %
17
76
6.9
0.1
5.1
75.9
19
0.1
;
35.8
39,4
24.5
03
28.4
64.3
7
0,3
Total °0
4. ...
2 1,8
_
-... 0 --
. 28.6
1.8
26.8
.7
0
35,3
8.3
.1
5.7
23.1
3 .7
8.3
0.9
13
ars
708
3245
292
3
4248 1
266
_ -
3979
966
5
5216
-
1215
-
1346
833
r 0.1
12
3406
_
546
1234
134
6
-- {
1920
-
bars
97.1
99.7
99.E _
100
1 99.3
-
99,4
- -
96+6
100
98.8
98.1
_ 98.9
98+5
98.5
99.3
99.1
98.5
100
-!
- -
Truck and Buses
i
Truck a nd Buses
-
� -
0.7
0
0.5
0
0.
. - - .
3.4
.. - - - - -
- - - .. 0
1.1
- --
1.8
l . X
1
--
0
1.4
0.7
1.
J
1
U Turns t.-.
11
11
2
0
0
2
0
2
- -- - -
- --
0
- --
0
0
- I
0
- --
15
Flo U Turns 1
1.5
0
0
0
0.3
. 7
0
0
0
0 ;
0.2
0
0
0
0.1
0
0
0
0
0 '
0,1
Board of Commissioners Meeting
07/12/2010
16 -7 -53
Counter: D4- 2073/4422
Technician JV/WB
Weather: Mild
Other: T&H
TRAFFic DATA CONNECTION
PO BOX 445
ABBEVILLE GA 31001
843.2 1 6.3304
File Name : 10107-03
-SiteCode :10107032
Start Date : 1126/2010
Pa No :2
Left Thru Ri Peds.
700 3245 292 3
10 11 2 1
424 9630
5358
42 23
65
Out In Total
at Rfroat
AL
Market Street
-0-U.t. -.. n ...... T ' ota
ca
I I
4594 5216 9810
35
59
94�
2 2 41
46 3A
966. 306''
- ------ 5
----- 1
a
341 25
0
0.
CD
01
Cn
4�1
0
....... ...
, IV
L.-IMU
(J6)
I
Ri Thru Left Peds
:M
- ---------- ..........
w
cy�
of
'n U
v "2 C 2
North
--------------------
ty
C C
Cp cp c CD
i
tn M: = ---- --�
1 1/26/2010 07:00 AM
1126/2010 05-45 PM
'2
Cars
C> U) T-
N
Truck and Buses
CD
.... ..... ..
(L
Left Thru Ri Peds.
700 3245 292 3
10 11 2 1
424 9630
5358
42 23
65
Out In Total
at Rfroat
AL
cu
ca
I I
0
r W HIV
-4
a
CD
C"
Cn
4�1
. ..
....... ...
, IV
0 4�k M
(J6)
I
:M
D .
C ic)
K5
w
Ir
Board of Commissioners Meetin
07/12/2010
16-7-54
Counter: D4- 207314422
Technician - JVIWB
Weather: Mild
Other: TAI
TRAFFic DATA CONNECTION
PO Box 445
ABBEV[1-L.E GA 31001
843-216.3304
File Name : 10107-03
- Site Code : 10107032
Start Date : 1126/2010
Pa No :3
Board of Commissioners Meetin
07/12/2010
16-7-55
T
Market Street
Northbound
Market Street
Southbound
Gordon Rd
Eastbound
0 , Ut In - - T , otal
Gordon Rd
Start Time
Lj
Thru R t Peds- I I Left
i App- -rotal
Thru Ri [Peds.,,_�
Tow Thru
I i t Pec
Left
Westbound
Thru
Peds Total I
-App Int. Total
Peak Hour Anal From 07:00 AM to 1 1: 45 AM - Peak I of I
Ri Thru Left Peds
4
Peak Hour for Entire Intersection
Be at 07-15 AM
Peak Hour Data
1 10
07-15 AM j 34
100 10 0 144 9
371 98 0
478 58
70
56 0
184
24
43
5 0
72 1
878
07:30 AM 24
91 9 0 124 22
368 80 0
47 0
56
63
103 0
46
49
6 0
101
917
07:45 AM 34
120 12 0 166 11
359 52 0
422
41
83
82 0
206
57
54
5 0
116
910
08:00 AM 37
141 23 0 201 16
319 56 0
391
63
93
70 1
227
66
3 0
109
928
Total Volume 129
452 54 0 635 58
1417 286 0
1761
218
309
311 1
839 1
167
212
19 0
398
3633
Total
.801 .587 .000 .790 -.i
.955 .730 .000
.921 .865
.831
.755 .2' 50
.924 .732
803
792 000
.979
PHF.
.872
.858
Board of Commissioners Meetin
07/12/2010
16-7-55
Market Street
0 , Ut In - - T , otal
761
-L7
Ri Thru Left Peds
4
Peak Hour Data
1 10
r
r +
North
- "-
P j !
0
0 J
, 2
I Pea k Hour Be at 07-15
El
i a
L. I
0 i
j
J
Cars
4 � , r i
-4
:
4
0
Truck and Buses
CL
- -----------------------
QL i
+
Left Thru Ri Ped.s
T .. ....
Out I n Total
M Rtrfalnf
Board of Commissioners Meetin
07/12/2010
16-7-55
Counter: D4- 207314422
Technician: JV/WB
Weather: Mild
Other T&H
File Name 10107-03
- Site Code 10107032
Start Date 1/26/2010
Pa No 4
Board of Commissioners Meetin
07/12/2010
16-7-56
Market Street
Market Street
Out I n TOW
Gordon Rd
Gordon Rd
__29 _____82 -.7-3.1. - -A- 1 - ...�
N orthbou n d.
T � i
Ri Thru Loft Peds
Southbound
Eastbound
Westbound
J.—
Peak Hour Data
Stayt Time
Left I
L
U
Ri Pods
App, T,tal
Left
Thru
Ri Peds
App, Total
Left
Thru Ri
-4 C
App.Totat
Left
Thn Ri Peds
App. Int. Total
Peak Hour Anal From 12:00 PM to 05.45 PM - Peak I of I
0
-2
0
-4
���
�'
Peak Hour ins at 04,45 P
0
4 8 0 3
!!
{ �-
Cars
Peak Hour for Entire Intersection Be at 04:45 PM
Truck and Buses �
�
�
(b
CLI
Ito ar
OL
04:45 PM 1
45
297 34 0
376
21
205
69 1
296
81
100 56 0
237
28
94 12 2
136
1045
05:00 PM
77
311 27 0
415
21
174
60 0
255
103
97 35 0
235
30
126 8 0
164
1069
05:15 PM i
66
298 29 0
393
19
214
80 3
316
119
100 36 0
255
28
148 11 0
187
1151
05:30 PM
70
324 21 0
415 1
12
228
82 0
322
110
91 28 0
229
35
124 17 0
176
1142
Total Volume
258
1230 111 0
1599
73
821
2-91 4
1189
413
388 155 0
956
1211
492 48 2
663
4407
% App. TOtaj
PHF
.838
.949 .816 .000
.963 1 .869
.900
.887 .333
.923
.868
.970 .692 .000
.937 864
.831 . 7 06 _2' - 5 - - 0
.886
.957
Board of Commissioners Meetin
07/12/2010
16-7-56
..........
Market Street -
Out I n TOW
__29 _____82 -.7-3.1. - -A- 1 - ...�
Ri Thru Loft Peds
4--
Peak Hour Data
�1 .1
1w
-4 C
C� FCb]
CO 2
North
4
0
0
a
0
-2
0
-4
���
�'
Peak Hour ins at 04,45 P
0
4 8 0 3
!!
{ �-
Cars
CD
Truck and Buses �
�
�
(b
CLI
Ito ar
OL
4
Left Thru Ri Peds
- -
d ifiC - ..l 5
-A
Out In Total
Board of Commissioners Meetin
07/12/2010
16-7-56
3. Gordon & Market
14 .21 2 }M Vra I s hro\2 1 xisti g 2 01 V 4 i 1
2/5/2010
Jeff Ingham, PE
Board of Commissioners Meeting
07/12/2010
16 -7 -57
Ilk
w
�lifi _ r.� - -fi r
t
A ys
,.
t' t`
eu
a f
I
®,, a
I I
1•
1
t
Lane Configuratio
Volume vp
218
309
W
187
212 19-
129
- 452
5 4
5
1417
Z
Ideal Flow vppi
1900
1900
1900
1900
1900 1 900
1900
1900
19W
1900
1900
1 9 W
Tot Totial Lost ti me
4.
44
4.0..-
4.
,4+
4.0
4.0
4.
Lane Util. Fact
0.91
0,91
1.00
1.00
0.95
1 M
0.96
1.00
1.00
0.96
1,00
Frt
1 .00
.1.W
Yt5
1.
." M
1 i00
1 .00
0 .8
1 40D
1,00.
Fit Protected
0 . 95
0.
1.00
0,95
1.00 1.
0 .95
1.00
.0
1.00
.85
1.00
Satd. Flow ( rot) )
1 61
X68
1583
1770
3496
. 770
353
1
3539
1583
Flt Permitte
0,95
0.99
1
0 r
1.00
0.06
1. 00
1.00
0.44
1.
'1. 0
S t , Flog (Pe !2 � . __ .
1
8388
1583 -
177
3496 a .
102'.
3539
159a
825
LM
1
P eak-hour factor, PH F
0.96
0. 98
0.98
0.98
0.98 0.98
0.98
0.98
-- 0.98
0.98
0.98
A dj. Flew (vph)
31
17
170
216 10
1
446
0.98
292
TR R (vph)
0
0
53
0
4 0
0
0
20
0
0
92
La G roup Flow j y pj h .,
1 73
364
284
170.
23,1 0
182
46.1
36
59
1.446
T urn Type
Protected Ph ases
Split
4 / {
PM +0V
split
pm +pt
p+ +o
p t
,
p M+0V
Permi to Phases
4
8
-
3
sir
-
4
A ctua t ed G een,
0,
2010
�6M V
- . 23#3
23.
8 . I ''
_
- 94,0
6
8
MT
86
Effective G reen, s
22.0
22,
40,0
�
25.3
90.
_r
727
06.0
86 . 7
70.7
92.7
Act uat e d g/C Ratio ti
.1
.1
0.26
r 17
' 0.17
0.60
0.48
.6
0.57
0" �
`�
C learance T ime �
6.0
6 .0
6.0
6
.0
6.0
6.
6.0
6.
7
0,0
0.0
�
• 7Y�.f �VMVJ
RX
; �K
��l�.t,
i/!
�R
�i/
*ls
- r
Lane G rp C ap (p
233
458
295
582
258
1093
1062
570
1�0
065
j
11 Rata P rot
.1 4
CO- 1
CO-0
c0, 1
.
-0
' 01 - 3
: ''
a �
-
j �
ff// Pe
0.10
/J�
0
Vi V
Tf Ra IyF
r
0 ,7 5
kf +58
t
0 -:4 0 .
:
,2
.
00.
-88
l
Unif D d1
62.3
62.0
48,0
68.E
66.
35 .1
23.8
9.8
14.7
36,8
i
tr
Prog ression F
1
1. 0
too
I �W
to
1,00
1.
1.00
1.03
0 r94
1.4
I ]D] ental De d
19.
10.0
6.2
.0
2.0
7.
0.
0.1
0,
6.
0.
� ela
1 .
72
8 6-4 .
YM
. 4 2.2 '
2 4,2
'.
Y41I
M
1048
Level of Service
P
E
D
E
E
D
C
A
B
D
Approac D s )
6 7,3
8
3
Approac Approac LOS
E
D
0 1 ,
r sr
a'
c ,
M A verage Contro D elay
H
44.3
HCM Level of Servic
H CM Volume to Capacity rate
0,77
.
Actuated Cycle Length (
152.0
SUM of lest times
16.0
Intersection Capacity Utilization
78,8%
ICU
Level of Service
Analysis Period (min)
1
e Cr Lame Group
2/5/2010
Jeff Ingham, PE
Board of Commissioners Meeting
07/12/2010
16 -7 -57
5: Gordon & Military Cutoff
215/20
Jeff Ingham, P
Board of Commissioners Meeting
07/12/2010
16 -7 -58
1l 1 I oc \tr ff dsync r \2 1 0 ex istin \A 1 20 10. syn
Mob
4 \
f
Lane Con
Y�
' Mr a
a
x:.
r '
Z
s y
n ry
Volume v
7
0
340
- 0.
0 -
Ideal Flow (
T L ft //
�{
11900
0
1 900 1 900
282
1 900
363
19W
.
19W
- 3
1 900
803
1 900
.'-37
1 900
Lan til. Factor i //f
1.00
0,88
4.0
0
410
i Y
4 . 0
Fit
0,9
0.97
r
1.00
0.95
.
,
f00
1770
2787
348-3
3539
1.770--.
&590
1 583
Fit Permifted
y
S. LIOW a
0.95
1 +r� . 0 0
0.95
1.
3. 53
1.
1.0
Peak -hour factor, P F
0
0.95
L433.
.
3539
97.9
R TOR Reduction (vp
3
. . 0
4+
.39
Lazo Group Flow
�
295
. � +
7
Tura Type
Protected Phases
Split
M+0
�Pllt
Prot
.362.
Perm
845
.
Pe
Perrifted Phases
Actuated Green, G �[
/� (
1.
1
� V�
� �'�4�
�
1�rf�+
.J
S
Effect G reen, g (
Act }fl
t
1 r
111 ..
IL,i
�y
89.3
/J...
9
Y � ' � y
S.Ff ■A.R
r
Clearance Time s)
f 18.3
011
Vehicle Extenslo L Us.
10
6.0
6.0
.
6.0
6.0
6.0
L ane Grp Cap (vph)
49
582
:-
-
A R a tio Prot
o,
'
X11
p
60.09
3211
0.11
11
2569
114
Ratio Perm
0
c0.4
o a
Uniform D ela y, d1
. 14 .
. 11
0,58
' ,1
x.00+
3�
0.02
Progression Factor
4
1.00
42.5
{
..
0.6
4.6
6 0 1
4.
I ncremental Dela Q
1
F.00
.00
. 00.
i.O3
. -I.00
�.
4.
t_
Level of erll� a
. *614
Approach Dela (s
�{
A
App LOS
YY
'
F A t Y Y
r
�K , � ! / 1 i V r4F T� +..+ V 1 1 �/�LF
r�/�{} �1`{�JSe{ Average 1/�= Con
WWW rV� Dela
18.
HC Levu of S ervice
J
Cf Vol ume to Cap ratio
."
Act uate d Circl L ength (s )
123.0
sum of + + los t t ime (S)
Intersedlon C aPacity Ut lization
46,11
Icu.
v l Of SaNi
Analysis P eriod ( min)
�
Y Critical La Grou
215/20
Jeff Ingham, P
Board of Commissioners Meeting
07/12/2010
16 -7 -58
. Military Cutoff & Marke
[I 21622\ docs V ra ffidsyn hr Mi 0 exist i \AM 201 r rn
¢ v �
��� y i
y � ,
!
I .. C
Lane Co nfi gurations
t ! u
S
p' 4f
I S
Li F.n
4
4 " r J'
ryY
Volum p
4�
1
o
t T*
I de a l l
6 6
�
382
11900
4
I .7
1019
1 900
3
f +900
892
1
2007
1900
� ��1
0
1900
Y �
# �l �? t ime I *]
.
*4i
�
JJ//����
rV
;{fix
aim
#
"T�
Lane U til. Factor
1.00
1.30
9.86
1.90
0.9
Pit Protected
1100
1.00
1.00
0.85
1.40
1.00
1.0
1.00
0.98
1 . 0 0
0.95
1.
W3
'3539
Flt P e rmitted
1 . 0 0
�
0.98
1 ,0
0.9
1 0
0.95
1.00
Pe a k- ho u r f actor
fact [fY k PH C
r
0192
0.92
18
0.92 .9
,2787
9.9
7
049
8538
0,9
9a9
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35'39
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.
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1
14
228
V
4
111
Y
9 7 0
V
2-182
V
0
T ura Type
P rotecte d Ph ases
split
Split
pM
P rot
Prot
Permitte Phases
Actuated Greer, G s
t '
_ '.
Actuated g /C Ratio
"
Clearance Time s)
0.34..
� , 2 .
Veh iOle ExtensioLs
io
33 ..
6
6.0
6.0
6 .0
6a0
6.0
Lane Grp Cap (vp)
42
.
� �
LJD
-,
� 7'53
�r
887
v R Prot
v s Ratio Perm
�f}!'��j3
Vr00
t/��
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0.0
s
.0 * 1
�
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.6a
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/ y
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0.01
V.#
0.63
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1.00
1
0.83
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Y 4
i
73.3. -
i 1
32,2
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82.5
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9
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4/
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HC M Lev o Se rvice
H CM Vo lume to Capa city r atio
0 .`
Actuate Cycle Length (
152.0
Sure of lost ti
", *!\/ �
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0
I I Capaci tli141 OFF /�yy/
1 %
ICU Lever f so
Analysis P eriod (min)
1
Crit L ane Gro
2J5 /2fli 0
Jeff Ingham, PE
Board of Commissioners Meeting
07/12/2010
16 -7 -59
This page left intentionally blank
Board of Commissioners Meeting
07/12/2010
16 -7 -60
3. Gordon & Market
2/5/2010
Jeff Ingham, P
Board of Commissioners Meeting
07/12/2010
16 -7 -61
1 \doc ktra 6sy nc h ro 1 0 exi t ingT hfi 2 010 . s yn
t�
f 4
R `
E`
3'
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I
i
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d
4 {{
N0, tru
3s l 4
Lane Configurations
Volume
I
+
`
i)
®t
_
Id (vph) Fl
492 48
258
1230
ill
73
821
41
Total L os t ti me
►%f
4.
;�
J �
1
� V1f
Lane til, Factor
/Lys
0.91
0,91
•�flriJ
M'
1,00
Y
1 .00
tiV
0.95
#
f .00
�
ai'
0.95
11Y/
'1'y
1
#
�
�i
rF 1R
�V
Y i
P Protected
1 1 Y
/1''��
0.95
4 �
0. 99
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1 .0
1-00
00
0
6.9
1,
' 1
a
,V
0 85
!VM
1 .00
YRrt
1 .00
1 .\JV
0,85
Satd. Flow (p rot)
1 .7 70
key
V.9
1 770
1.00
39 ..
1. 00
1 563
1770
0
1
Flt Permitted
S td. 10 7Ji1
0.95
7I
0.90
4/1
1.00
583
0.95
177
1 .00
349
0.20
1 Y�
.V
#/.
3539
rV
1 .00
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0
583
0.96
11 -
96
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0
1583
{y
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�� .+.,( � L Reduction ( h)
0
.404
1.61
126
1
269
1281
f1
76
. 855
- 303
� + RTO
`urn
0
11
0
0
0
0
y#
8
Typ
P 1 �
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p rnv
Split
t
P
. *
__FW= - -
p Tpt
P +0
Permitted Phases
4
Actuated Green, G
Effect Greer, s
23*0
25.0
23.0
42.
25.0
'.0
MrkR
80.0-
/�
1 .
�y
V .
rr
j #
�.
Actu � R
0
r 0
0.
46.0
0
27
84.0
63a
y�
T{��0
YV+
J��y[
SfJ�� +�
�}''3
V1.Fr
{� /'�
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Clearance T ime (
+ 0
6 .0
V•
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{
0.55
;
V Extension
a
i
.0
��//����([
.0
'f�i
,
{+�
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. � 0 {
Ok
+0
r0
Tane Ra G rp Ca (ph
v/s
265
550
1
14
620
-
390
-
1
3'.
1
$.0
#
v/s R atio Perm
cO
C016
0 .01
0
0,24
0.05
R�
V R
1 ����
1YK
1
/ r
VeV
Vi - YV
0*90
0,28
r
7
0.03
0.0
0.11
. 1
Uniform Dela
Progression Factor
V
1.00
38.1
55.0
61.2
21.8
40.8
10.2
25.2
34.4
10,1
Incremental Dela Q
61.2
1 f 0
44.5
1.00
1.3
.� .
18,E
1.0
1 ,
1 - 00
��
Delay
L.
f�
Y4
�
+
'
r 1
Y
# .
48-3.
.1
43.
i.r 7J
24.2
1.6
0.
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it rV
„
Approach LOS
�r�
1
,
--
HCM Avera Control Dela
_ "
�.,.,n., fl
„.,
56.8
tt ,x ' d d t! ' ' rI c ", d-
Leve of Service
� 11" I� ,a
a
u r '?• o-
' ' w .c
.... ... . . .....
ey'�'
M h 7 yya Y /e iJ twIR /� C .11L *y` ;/y r fio
0
A
t d Cycle L ength s)
J U til izat i o n
152
Sum of lost time iy
��
� 0
yy
I• 7 1.. 71 T
I nt e r sect ion � �
��.y
83.E o
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f
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� l.f
+
Analysis Perio F I lire)
S Gr
1
C
Critical al 1Y a � fAi.T
-
2/5/2010
Jeff Ingham, P
Board of Commissioners Meeting
07/12/2010
16 -7 -61
Gordon & Mil Cutoff
:T18 Zd cs\tra ffEs ync h roTO 10 exi s tj ng\ PM 2019. s
.'A , % 4 , *- 4, , �
y } i
"
1
{ F
ry
Lane Configurations
Volume
( 47
Id Flow Y I.F�l�
1. TTTf
1 900
0
1900
401
� �
0
� 900
0 - 0
1 900 1 900
454
1 900
939
1 900
0
1
620
27
{�rrrr
T t i m e
4
1 900
1 900
1�
19W
Lane fit. Factor
F
x ,00
0.88
0.97
4
0.95
4 .
1.
4
0.9
a l
1.00
Fft Protected
1 .00
0 . 95
M
1,
1 .00
•
,
td. Flaw (prof)
1 770,
2787
+Y
1.
V rV
� 1 V Y
� . 00
It P e rmuted
r {yam }'
1,00
3
1770
3539
1588
Md.
Y.
1 770
/y
W
.
L433.
�+
3539
Ya�
67-7
� 1 YY
�.V
1683
P ea k -hour factor, PHF
Ad j. lo vp
0.91
0
0. 91
0.91
0.9 0.91
0.91
.91
0.91
0.91
0.91
0.91
T Reduction (vp y� i )
R eduction
0
V {y
441
1
o
0
99
9
-
1
681
-
Lane Grqu Flow._(yph
.0
52
12.,
6
- -0 0
4W..
922
0
0
681
22
Tm Type
Protected Phases
Split
P
spl it
P rot
P erm
Perm
Permitted Phases
4
6
Effect Gr {
26.0
1"' , '...
.
85.E
6
851
A t al g
S�
10.3
0.07
�
.0
}� f�
11
+ //� +J�/
r r f
+� /y
I.
{�,'�r +/y
V#
Cl T� �
8.
m'2
t
�y
..64
-�
7./,64
V e hicl e Ex tension Ls)
8,0
6.0
6.0
L ane Grp Cap (vp
132
854
i1F
��� Prot
i j ■■��aa;�;� ;FFyyn�;;ff
MV►%/3
ii[�'''{}{}
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�
897
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or
3078
r y'1
22
1006
/ Ratio Perm
0.01
1
�rt4V
Ertl 1'
e Ratio
Uniform C ela dl
�
0. 9
+ 1
+
r}}
+3
1 y/
rY1+
0.
r
0.01
*. ,
Pr Factor
8819
�
371\!
1.00
�
1,
1,6
11A
,8
Incremental D e l ay, d
1�
1.9
-
' ..
1.�
1. o
j ' o
1. o
� .00
Dela (s)
62.8
/''�kR +1
37-6 .
r
�r
of
j}
o +V
.
1�f�
0 .0
J'�
L evel
YV i of 0' Service
. # #
# .
1 4 !
. -
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40.2
,
20
Approach LOS
D
.
11.
ft ��Z2 J
19
`t it
%
I 6 i : ' ` 9
i
i
II {
h
, q•
HCM YrWY TF Y! Vl/��{
VV/
e
21.8
HCM Level ot Service
n
H M V o l ume to C pacq ratio
, 0,39
Actuated Cyc Length (
1. 8 +0
Sum of lost ti
49 .0%
ICU L. j dj irvtce
An a lysis Period (miry)
18
Oral Lane Group
2/5/201
Jeff Ingham, P
Board of Commissioners Meeting
07/12/2010
16 -7 -62
9: Military Cutoff & Market
N -0622\doesktraffictynchro 201 0 existing M 201 O.sy
21512010
Jeff I ngham, P
Board of Commissioners Meeting
07/12/2010
16 -7 -63
i 1{ n.,
u
R
i . .. .... a
n,0
Lane Configurat
j U t
� L �
IV V,
Il
f
R
Volume ph
4
23
.4
1043
171
697
1239
Ideal Fl ow vphpO
1 900
1 900
1 900
1 900
1 000
1900
1900
1 900
1 900
1 900
1 000
19 00
Tota L ost
1f
i
F
Lane U til. Fact
1.00
1.00
0.88
1,00
0
0,07
Frt
0.99
1.. ►00
.8
1.00
.1 + 00
1.00
1
FIT Protected ted
.O8
0.96
1.00
0495
1.00
0.95
1.00
Satd. Fl (prof)
1793
1 786.
9787
1 770
3539.-
303
3
At Permitted
0.98
0.00
1.00
0195
1100
0.95
1.00
S td. Flo r
1793
1786
2787
1770
3639
8�0
3539
Peak fact PHF
0.94
0.94
0.94
0,94
0.94
0,94
0,94
0.94
0.91
0. 94
0.94
0.94
Adj. Fl J
i
1
24
4
1078
2
4849
■r
741
131
0
RTR Reduction (h)
0
1
0
Y
0
121
0
0
0
0
0
0
L arge Group Flow v
0
9
0
0
28
957.
2
1051
741
131 - .
F m Type
split
Split
pr y -car
Prot
Prot
,
Protected Pha
4
4
3
8
Permitted Phases
A ctuated Gr eer, 0 s
.52
F4#.1
1.4
'60
49 9
118.4
E ffective Green, V ( )
510
. w
9.1
■ 1 ig
'
51,9
1 OA
Act uated g/C Ratio
Om
0.05
0.89
-'- ,02
AV .
0.54
0,79
Clearance Time V)
i o
.0
6.
0,0
6.1.I
V Exte or
d F
. 0 ,
i
i
.0
Y
Lane Grp Cap ()
59
85
1084
40
1 674
11
280
A Patio Prot
CO301
0.02
b.0,30
-
_�
v/s Ratio Perm
0.04
.�'
Wc Ratio
-15
0 - . 05. .
a
0 .63
U ni form De d1
71.4
70.1
43.
72.7
40
42.0
#
5.2
Progression Factor
1 i00
i�
1.
1m
1.00
1.00
Incremental Delay, Q
1.2
2
8
0.3
52.8
1.1
041
Del
7447
4
-
L eve l of Service
F
F
D
D
F
D
/
Approach D
721
. 2.
92i
Approac LOS
D
F
.
r
„
! M Av �Gl 1 { � r}�� 1 `11 i /'��
YYI1+/\
VII
..
_•/may } � / f J
Yf/ `e r e r L F�� [}�J
.
�}�'�`
o
Y M Volu C p+VF � r afio
0197
• '
RYW✓/
'
Actuated Cy Length {
152.0
Sum of lost time
1 H
Interseofion C Nization
W
Level of Servic
Ana�sjs Period ( min )
c Crit L ane Grou
21512010
Jeff I ngham, P
Board of Commissioners Meeting
07/12/2010
16 -7 -63
This page left intentionally blank
Board of Commissioners Meeting
07/12/2010
16 -7 -64
3: Gordon & Mt
N: 121622ldocsltrafficlsynchro120T3 backgroundlAM 2413 no build.syn
2 /5/2010
Jeff Ingha P
Board of Commissioners Meeting
07/12/2010
16 -7 -65
lift
Lane Configurations
s
tf" S
' � �II
1
vp
yy�
r i §.: I '
It
!T IAi
n
Vckne (vph
238
338
340
182
231-
141
494.
Ideal Flog vp l
Total Lost time
1 900
1 900
1900
1 M
.21
1 000 1 9 00
1 900
1 900
�0
63
� 900
1548
19
313
1 900
Lane �J'''�! + 7i1 / ��J �
F�+MY �!!• VL�AY�
( }���J
M.Y�
//#}
1,00
Jy}�J}
l 1YR
�+
-
�
}{
i
f
! Y
i �/
# i
t
F
�1i
1.
Af.�
. 00
,
,00
Yr
6i99
1 +V�
1 .00
Y .
l00
� 100
l�
1.00
J�y�J�
5J ,
1 00
1.00
0,8 .
Jam ,y''�Je
FI PF tV YtL
td, Flo (p rot)
0.95
1610
/ 1
V #
3368
1t0
1 581
0
1+00
3496
0 . 9 5
.00
0
'
i
/}
1 4
y
Flt Pe rm i ted
ii�[
0 !�'''�`
V+.wI
' 0 /9
V4V
�J'�}}0
�.V3.+
.1770
r0
V�
�
�'
}� f�
V +U
'�
� }
/ y
�
1 0
}x
3539
1.00
1583
f� � } i { � ; y y � � � }
1610
3 496
il.+
539
+ V
1583
W�
781
3639.
1.00
1583
P f t
A dj. Flow
0
0+
Oi
0.0
0.08
F T Reduction ph
243
0
.345
0
�
0
236 , 1
144
o4
".'6o
.64.
1880 "
3.19
Lary ��'�3�[ ���
� L�
�
� �
�
0
0
1
I
LJ
Tum T
Split
PM707
S
pm+pt
PM+OV
P M+ P t
PM+OV
P ermitted Phases
Actuated �Y } � •
� 1�a �5 Y5 Green N �
EV
0 .0
22 .0
20,0
; . .
21.E
.;
, _
�. -
94;0
�
-
0
V�Y�
� �a
V
S7 �+�V V � 1 , 4+
Actuated g/C R
0 +.1
4M V
t
4 0,0
0+26
.
Iw .
0�
k/��Jy
�'y
/�i
72.5
94.5
C le a rance Time
�
.
&
+#/
r
��'''ky
+�
'_ Or
�/'�J
. ''
/'
s �/�
/
i'4�
r �
Veh i c l e ��V�
L s ) �}
r
/�{
�i7I �
�i f
{k�jJ
� �+.
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.�
.V
!y
ti/.
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V.
0
1.►s
'
.kR
Lane Grp Cap ph)
233
0:12
487
458
2
541
259
1 735
1062
�5�59
1688
984
f R ati o Per
vF ti P r�
WI i2
V+�
�I r� 1
7�.0
.0
L/r
0 . 01
0 a ' 01
cO.46
�y}yir
Y 4
* I i t
�J #f J / ��J
c Rat `
/}�('/�J
0.
j •/J
.82
0.11
.
*
r
.
0.
} Y
#r�r
0+ 0
'
0, 0
` }i}
�
0
0.
Uni �
Delay, * , l
Progr Factor
63 .0
1.00
63 .1
1 ,00
[f'��
0.Y
1.00
'� /j�
0. l
� !f''��
..J,
3914
23.0
f4��
�/.
1 *
14.0
�
31.6
I
12.8
1.00
1.00 ..
1.00
Del )
Leve f Service
89 .0
77.2
57.3
�
1-
47
a .
r
1 :7
43.E
0.4
1.
+ 7
a
Approach LOS
�.
37.
e
m
qi
H M Average Control De lay
47.1
HCM Level o Service
R
D
CM V o l ume o Ca pacity ratio
0,85
Act uated Cycle L ength s)
*
1 52.0
Sum o lost times
16.0
1 nt r ��
i lliz tFil/
. �
ICU
Level Se rvice
'
Analysis Period (ruin)
�
C Critical Lane Grain
2 /5/2010
Jeff Ingha P
Board of Commissioners Meeting
07/12/2010
16 -7 -65
Gordon & Mili Cutoff
2/5/2010
Jeff In gham, P
Board of Commissioners Meeting
07/12/2010
16 -7 -66
: t 2 ocsVra€#fj �s n hr 20b backgroun"M 2013 no
uil .
r wt
y
-
f
Ir NRL
o
,
h r'
Largo nti rations
-
s
[deal Flow vphpl
1�
1 900
1 900
1 900
1 900 1 900
1 900
Tt� � � �
+
190
k�y�
� V �
190
Lane U 111. F actor
ate/
1 Z
0.88
0.97
+ /���}}
/��J
# R
Flt Protected
J�
.�
1.00
V/1 AM
#�
��
1 i�f
r
Y.1F
� Y�
'}�]
� 1V
S . l r t
0.95
1 770
1, 00
•j�f
Y 9
1.00
0. 95
1 .00
f#
1 .00
Flt Permitted
0.95
1. 0
3433
3539
1770
35�9
83
'
[/'��F r
t }
...---1770
Y
}fy
R
0 t 9
1.00
353
0, 1
946
1.00
1.
P - hour f actor, PHF
0.95
0.95
0.95
0.95
0.9 0,
0.95
0.
3539
1 583
TR Reduction (p)
{�
0
0
299
0
0
0
3
M
4
Lane Group E ��v h
0
8
92
0
0
0 0
0
�24
418
0
7
T ura T
Prot Phases
I#
3
.3
Per
Perrnied Ph ases
�j
37
3
5
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2/5/2010
Jeff In gham, P
Board of Commissioners Meeting
07/12/2010
16 -7 -66
9: Military Cutoff & Mar
2f5/2(?i 0
Jeff Ingham, PE
Board of Commissioners Meeting
07/12/2010
16 -7 -67
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Jeff Ingham, PE
Board of Commissioners Meeting
07/12/2010
16 -7 -67
This page left intentionally blank
Board of Commissioners Meeting
07/12/2010
16 -7 -68
Gordon & Market
215/201
Jeff In fra { P
Board of Commissioners Meeting
07/12/2010
16 -7 -69
N. \21 22�dec \traffi \s r \2o backgroundTM 2013 no bull .syn
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c Critical L ane Group
215/201
Jeff In fra { P
Board of Commissioners Meeting
07/12/2010
16 -7 -69
5: Gordon & Military Cutoff
2 /8/ 20 10
Jeff Ingham, P
Board of Commissioners Meeting
07/12/2010
16 -7 -70
N :\21622\docs\traffjc\synchro\2013 backgroundft 2013 n o build, yn
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dtl al L ane Group
2 /8/ 20 10
Jeff Ingham, P
Board of Commissioners Meeting
07/12/2010
16 -7 -70
Military Cutoff & Market
c Critical sane Group
2/$/201
Jeff Ingham, P
Board of Commissioners Meeting
07/12/2010
16 -7 -71
:1} 21622\ ktr i � ,sy ro12 1 background\PM 2013 no build.
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ICU
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c Critical sane Group
2/$/201
Jeff Ingham, P
Board of Commissioners Meeting
07/12/2010
16 -7 -71
This page left intentionally blank
Board of Commissioners Meeting
07/12/2010
16 -7 -72
3: Gordon & Market
2/8/201
Jeff Ingham, PE
Board of Commissioners Meeting
07/12/2010
16 -7 -73
1 . \21 6 ldc s \traffi �synchro�f 1 3 build out\AM 2013 build o t.syn
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A dj . Flow (vph)
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346
347
186
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144
512
63
92
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0.15
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233
487
458
269
531
258
1744
1 06
557
*r
1 697
. 0
I7/
988
r R P 4
kr.1 iwt
0 .1 2
3/, V
�r 11
0
t {�ee��1111
o
�i1klF
Va�
! l
YrV�
�a�7I�
lAa, /L�[
ia�'
v / f Ratio Perm
0.82
0.82
0.11
0.66
0.69
a
0.27
i 56
0.29
i
0.04
sy.+i
a
Vr�M
�rt Y4
0.13
Uniform Dela d1
.1
63.1
50
61.
58,9
4 .
� .
9i
.1
14.
,�
38.0
0i8
1
Prog ression Factor
1.00
1 .00
1.00
1 . 0 0
1 Y
1 i00
1 i
1 r
0.92
.
1.
I ncrementa l Delay, d
27.
14.4
7.4
1
.
,
0 r 4
0.1
-F97
1l0
0.
D ()
Level of Service
Y� V
F
* i
i
74 .7
�
Sao
48.5
23.E
919
,
1
Ya
43.9
1 #
Approach De (s )
E
72.7
E
E
E
D
C
A
B
Approach LOS
E
D
J. }+•4#6's'., r.'
f 8 r
F i
H CM Average Control Dela
47.1
H CM Level of Serve .
HCM Volume to Capacity ratio
0.86
Actuated Cy cle L ength (
152,0
Sum of l ost time s)
16.0
I ntersection Capacity Uti
66.E
ICU
Le ot ' Servi ce
Analysis Period (miry)
1
�t1c l Lane Group
2/8/201
Jeff Ingham, PE
Board of Commissioners Meeting
07/12/2010
16 -7 -73
: Gordon & Military Cutoff
c C ritical Lan Grou
218/201
Jeff Ingham, P
Board of Commissioners Meeting
07/12/2010
16 -7 -74
N :\21 622\docsktraffic ync ro \201 b ouAAM 2013 b uild out. y
--
L#
...
`Vval
W9.
NB',.
Large Configurations
Vole• • e Grp
f phpl
1
398
W8
404
3
Idea Flow (!
f
1 900
1900
1900
1 900
190 9�
� wJ
y99'iy�y+
� V V
1900
� �� 190
i ` • �Y iJ��F0
�
r/
�
T Lost t ime )
4.
4.0
4.0
#o
V AfY
V V
Lane Util. Factor
1.00
0.88
0.97
0.95
1.00
0
Flt Protected
1 .00
0.95
0 . 85
1,0
1.00
1,00
1 .00
1.00
S Fl rot
1 770
2787
0.95
3433
1 .00
3639
.9
1.99
Fft Permitted
0.05
1 .09
9.95
1.00
1 770
0.
3&39
S t . Flow
1770
2787
3433
3539
3
91�IF9
Peak -h our factor, PHF
0.95
0.95
0,95
,
9.95 9.95
0.95
9.95
0,95 0,90
0.95
7 1 /{ } � l
A+1/ 1T ( v ph) i r
�
Y
1
�
`�}y��
Yf itV
T Re duction ( )
0
0
294
0
0 3
9
0
0 0
Lane Group Fl ( vI ph)
0
1
125
0
0 0
32
425
0 0
.10
y��••}�J *�J� \T�J'��7
Tura Type
Split
PM+0V
Split
P rat
Perm
Perm
V YY1j
P rotected Ph ases
4
4
5
3
3
5
2
P rmi ed Ph ases
Actuated G reen, G W
3.0
20.3
173
1 08.0
y][]••��y]]
f€e tie Green, 9 W
5.0
24.3
19.3
110.0
86.7
86.7
Clearance Times
.9
0.0
6.0
6,o
6 . 0
6. 0
2
L ane Grp Ca ( v ph)
72
641
539
3165
662
4
A R atio Prod
0.01
00.03
00.09
0.12
09.26
fj .•
1�/ Rati P erm
0,01
We Ratio
0.1
0.19
0.60
0.1
0.0
0 . 37
Uniform D dl
5 7.0
41 .2
48.
0.8
5
Progression Fact
1, 00
1,00
1.00
1.00
�.DO
�
Incre Delay, �
1 •
0.1
5�.`{}
0
=0
Delay (
53.2
41 .3
50.2
Oki
L evel of Service ice
A
. D
Approach Del (
41.8
rte
22,E
Approach L
D
7.
i
° rr
... ' Y- C ='.. .4,/ r,••Y .'��.�' ;'.0� f # r# s
r r
} rjt
v
E
i
I, It
ge or�troi �e�a
19.E
�� Level of S
e to apoity rt
0,40
Actuated Carole Length (s)
123.0
Sum of lost time
1 2.9
I Capacity Utilization
48.9%
ICU Level of Service
A nalysis Perio (min)
1
c C ritical Lan Grou
218/201
Jeff Ingham, P
Board of Commissioners Meeting
07/12/2010
16 -7 -74
5. Gordon & Military Cutoff
:\21 22Woo \traffi �synchro\2 1 build out\AM 2013 build o t.syn
Larftonfigurations
T o l le h
1
Idea Frog (vphpl )
1 900
T L ost t ime
.0
L ang: U ti l, Fact
1.00
Frt
or
Fit Protected
1.00
Said. Flog (p
1 583
Fit Peritte�.
1.
S td . Fl oyd nj
1 583
Peak factor, P F
0.95
Adj. Fl vp
R TOR Re (vph )
7
Lame G ro2E Fl ow j
Turn T
Perm
P rotecte d Phases
P ermute d Phases
Actu t d r n, G (s)
84 3
ff Gr een ,
e ti 4 e �
86.7
Act C R
0.
C learance Time s)
6.
Veh Extem s
-o
L ane Grp Cap (vph )
111
le Ratio P rot
V/s Ratio Perm
0.02
W e Ratio
U3
Uniform Delay dl
Progression Factor
1.0
Incremental Delay, Q
0 .1
Delay s
Levu of Service
A
Approach Delay (s)
Approach LOS
.� ��GL� Y
2/8/201
J Ingham, P
Board of Commissioners Meeting
07/12/2010
16 -7 -75
Military Cutoff & Market
2 /8 /2 010
,let# Ing P
Board of Commissioners Meeting
07/12/2010
16 -7 -76
N : �1622\docs\traffic\synchro� 013 b uild ouMM 2013 build out.syn
Y
. r' -
yi* 1
f
n
.
r
n.
L arge Config
, ,,
#1
er
T#
11
Vo lume ( vf h
I
1
0
96
422
1129
21
Id Flow hpl)
1000
1900
1900
1900
1900
1900
19W
1900
1900
1900
19
'
Total Lost t ime s
.0
4.0
4
4.0
4,0
4.
Lane U til. F
1.00
1.00
0.88
1 .00
0. 95
0.97
0.95
r#
FIt Protecte
1 .00
1
1. 00
0.85
1 .00
1.00
1.00
1.00
S t f Flow (prot )
i m
0.96
1780
1
2787
0.
1770
1 .00
3538
0.
343
1.0
3539
IW It Permitted
1.00
0.96
1.00
0.95
1.00
0. 95
1.00
etd,
1 863
1 789
2787
1 770
3598
3433
Pea -hour fact P F
M2
0.92
0.92
0. 02
0.92
0.92
6.92
0. 92
0.92
9.92
Ad
Adj. Fl (p
//
1
103
459
4
1227
3
1066
.
2384
f
RTOR Reduction (vph)
0
0
0
0
0
160
0
0
La G royp . Fl ow Lve
0
1
9
0
111
299
4 .
1230
0
1966
2384
0
Tura Type
Split
split
pM+v
Prot
Prot
Protected Phases
4
4
3
3
1
5
2
1
Peried Phases
A t ale Green, G (
1 . 4
1 %fir
3.6
1A
639
.53.1
5J 1
1 1
Effective Green, g (
Yf
12 .5
67.6
8.4
65.0
.
55.1
f
116
Actuated lC Ratio
0.02
0.08
OA4
0,02
r43
9.36
0.
Clearance Ti (s )
6.0
6.0
6.0
6.o
6,
V Extension
3.0
3.0
3.0..
, .
8.
Lane G rp Cap (vph )
42
146
1 239
40
1
1 244
. X
v Ratio Prot
C0.00
■ .06
0.09
0.00
0.35
c0-31
0, 6 7
v/s Ratio Perm
0f
A R
0.02
0}76
0.24
1Fij
o.81
0,86
0.88
ni f o rm De d1
72.7
68.3
+
`7 r
38.2
44.8
12.
P ro g ression +J
F r 1 re sion etor
1.00
1 r
1.00
1 s1
,88
1,00
1.
Incremental ental D elay, d
0.
20.5
0.1
1.1
Dela ( s )
+
.0
f
Level of Sergi
E
F
F
D
D
B
Approach Delay s
12,E
A/ i
88.8
26.8
Approach LS
D
D
u
3x
. r.
S
r
C } Y# 11 VFIlA
} .} r/
[J�f�
1t�J1'ry{/r�yJr1 f }J / �''!��J /i l i/.y+}��!
e v ice
C
0.
-
]
C Vl aa! 4Y � 44Yl� Y4 1
F #�
Actuate Cyc L ength (s)
1 52.0
S um of lost time
16.0
I nt ersecti on Capacity Utilizat
88.8
ICU
L f of
S ew..
A naly sis Period �mjn)
1
rrtiol Lane Group
2 /8 /2 010
,let# Ing P
Board of Commissioners Meeting
07/12/2010
16 -7 -76
Site access & Military Cutoff
2/8/201
Jeff Ingham, PE
Board of Commissioners Meeting
07/12/2010
16 -7 -77
W 1 2 dr sltra f c sy ehre O1 build OUMM 2013 build out. syn
— "
r EL,
(..
k i
Lane Con
Volume veh/h)
0
93
431
17
0
982
Sign Co ntro l
Stop
F ree
F ree
Gr
0%
%
9%
Peak Hour F actor
0 1 90
0.90
0.90
0,90
0.90
0.90
Hourly flog rate Pb
9
193
479
19
Y
1091
P
L ane Width
Walking Speed { i V
ft s )
fff
P ercent B
Right turn flare (v h
7
Med typ
Ye
Nerve
Me st orage veh)
Upstream sig (
252
pX, platoon unbloc
v, con Vo lume
1034
249
498
C1, stage 1 conf vol
vG, stage 2 cont vol
u unblocked vol
1034
249
4
tC, single (s)
6
6.9
4.1
t r 2 st (s)
tF s
l
pO queue free %
100
86
1
cif capacity veh/h)
228
75 1
1062
.. s
x
DIM*.
SE
e, ,
Volume Total
1
319
f
4
V olu m e Left
0
Volume Right
103
o
19
0
o
c SH
751
1700
1700
1 700
1 700
Vol to capacity
0.14
0.1
,1 1
0,32
0.32
Length ft 95th
1
. ,
( Q ueue
�l trol Delays
.J10.6
Sao
.9
010
040
Lane LOS
App roac h Del s
10.
Approach LOS
B
r
- .. _ •. x 1L • ..
i
-,
i r
,.
c rl
.,sir. s ' ' , ` , n
Averag Delay
0.5
X1'8°
Int ersect ion C Utilization
37
ICU L of Serum
Analysis Period (ruin)
1
2/8/201
Jeff Ingham, PE
Board of Commissioners Meeting
07/12/2010
16 -7 -77
12. Existing access & Market
N \21622\ oc ktraff lc\synchro� 913 build outAM 2013 build out. yn
?J
Jeff Ingham, ICE
Board of Commissioners Meeting
07/12/2010
16 -7 -78
M& r
L
NET
a '
......... Confi
Volume h1h)
0
17
1441
11
o
3168
Sign Control
Stop
Free
Free
Grade
%
%
0
Peak Four Factor
0.92
0,92
0.92
0.92
0.92
0.9
Hourly flow rate p)
0
18
1 566
12
o
3443
Pedestrians
Lane width
Walking Speed (tYs
Percent Blockage
Right torn flare (veh)
Median type
N one
None
Median storage veh
Upstream signal ft
400
p , platoon unblocked
0.70
0,70
0.70
C, conflicting olume
3288
783
15
vC1, stage 1 conf vol
C , stage 2 co of vol
vCu, unblocked vol
34 14
0
956
ti single s )
6.8
6.9
4.1
tC, 2 stage (s)
t F
.
.
a
pO queue free %
100
98
100
CM capacity veh/h)
4
754
497
:�M
z
ism
y ; s
v a
Volume T
18
783
783
12
1722
1 722
Volume Left
0
0
0
o
0
Volume Right
4/
1
o
0
1 2''
0
0'
cSH
754
1700
1700
1700
1700
1700
V o l ume to Capacity
0.02
0.46
0,46
0.01
1.01
1.01
Q ueue Length 95 th (ft)
0
0
0
Contro Delay s)
.
.
Lane LOS
A
APProach De
9.9
0.0
0
Approac LOS
. r.
. 1. ..
m in -
' •' wt .r , , E .k.
iY f
r
r t3
A verage Delay
Intersection Capacity Utiliz
90.9
ICU Leve O f Service
An a lysis P erio d (min)
1
?J
Jeff Ingham, ICE
Board of Commissioners Meeting
07/12/2010
16 -7 -78
This page left intentionally blank
Board of Commissioners Meeting
07/12/2010
16 -7 -79
3: Gordon &Market
N: t21622tdncsltra #ficlsynchro120i3 buifd outlf'M 2013 build out.syn
2!8/201
Jeff learn, PE
Board of Commissioners Meeting
07/12/2010
16 -7 -80
.."
.
f
{ 5 {
L
k
,
NET
„
Large Configu
V olume ( ph)
462
429
169
132
s38 5 2
281
1377
132
95
920
327
Idea Flow + 4 f h l
1900
1 V 7f
1 900
1900
1 900 1
Total L ost time W
4 +0
4.0
4,0
4.0
4.0
4.0
4,
4.0
4,0
4.
+l}�i}
L ane Util. Factor
0. 91
0.91
1. 00
1.00
0. 96
1.00
0,95
1,00
1,00
0.95
F 3{
1.0
Fw
Fit Protected
1 .0
0.95
1a00
M9
4 �
1.00
too
iVV
a00
1 .00
0#
. 00
1 ,0 0
Y�
0f 85
Said. t o rot
1610
3343
1 563
0,95
1 770
1.00
34
0.95
�0
1.00
+�'��
1.00
1 583
0.95
'�/ 7
1.09
3
1 00
Fft Perimitted
S, L
0,95
0.99
1,00
0. 95
1.0
9.
1.00
1,60
0.06
t.06
1,
r
3343
1583
1770
3493
305
3539
1 ' 5 `
1 1
3539
1M3
1 �" �4'y
P11 -hour factor, P F
0.96
9.96
�y
,96
.LI /' �
,J /'� .
0.96
.96
0.96
0 .96
0.
Add. Flow v
461
447
1
1
560 +�''!�'
.9LF
Val
T Reduction ( Y h)
0
V
V
1
0
36
Large ru Fl
303
625
4
Tura Type
Pr Phases
split
4
4
pit+ v
split
p + t
+O
+ t
�
rn+
p o
Permitted Peas
4
Actuated Green, s
23.9
23.0
42.0
22.4
22x4
2
62.6
63.6
86.0
6
82.0
63,6
6
Effective Green, 9 s
25.0
25.0
46,0
24.4
24.4
66.E
.6
X0.6
X6.6
6.6
#
90.E
Actuated 9/C Ratio
0.16
0,16
0.30
.16
.f 6
0,67
0.43
0,59
0 ,57
--
learanc Time W
.0
6.
6.
6.0
6.0
6.0
6.0
6.0
.0
6,0
6.0
Vehicle Extension
-0
.0
3.0
-3.
.0
.0 -
' 3.
.
Lane Grp Cap vph
285
650
521
264
661
376
1,27
979
294
1 7
2
944
vas too rf
c0:�9
0.1
OY 2
0,0
.�
0 7
W � I
c0.41
0.01
0.96
' 0- 7
0.05
v/s Ratio Ier
0.03
0.34
0.04
0.1
1 4
ff
Fa W Rati
1.1
1.1
0a1
s4
7/��
1.09
a76
0,94
0.09
[f��
0,34
��
y
.
�}�i
2
Uniform Delay, d1
63.
63.5
36.9
68.1
63.6
23.0
41.3
13.3
27.3
aye
33.7
ir
Xi�f
Progression Fact
1. 00
1 .00
1.00
1. 0
1.00
1.
1, 0
1,00
0 9
}F
Incremental Delay, d2
99.6
81.8
0.7
.8
63.8
14.7
12.5
0.2
2.7
1.7
elay )
163.1
145.3
39.5
63.9 �
127j � �
fLy'L}]
..
���
+�
+��•1U
Leval of Service
F
V
D
F
F
D
D
�
Approach el y s
133.3
�i
Y�+
/ {y
std
wilt
Approach LOS
F
F
*}L{- r■`Y■`■4L■ ': ' 4i, yy x {• v'tyyY �k y[xt :,!'k'4' ;`�i,:^� i- ki`.lti -
,
w
i� r�
HJI A�rra ontr0le
!'vie
„
�J �i�'}'�
H �f lu r L4 1 ill �
Actuated Cycle Len �s)
152.0
Sum of C ost t ine ( s)
16.0
Inn rse t ion Capacity Utili d o
9016°
ICU
Leger f Se rvice
A a lysis P erio d (min)
1
c Critical Lane Group
2!8/201
Jeff learn, PE
Board of Commissioners Meeting
07/12/2010
16 -7 -80
5: Gordan &Military Cutoff
M . N: 121622k1ocs;tra#ficlsynchrat201 3 build put1PM 2013 build out.syn
E + y y ] y
i F ®lF _
s
{ ..
4
,
. �,
re
1
,
Lane Con
41�
Vo lume p)
57
0
453
0
0 0
496
944
0 22
1
Idea Flow (phpl)
1 900
1900
1900
1900
1900 1 900
1900
1900
1 900 1900
1 900
1900
Total Lost time ()
4} O
4,0
4.0
4.0
4.0
4.
L ane MI. Factor
1. 00
0
0. 7
0 *95
1.00
0.95
rt
1 .00
o-85
1
.
1 .00
■00
Fft Prot ect e d
0.95
1.00
0.95
1 •OO
0.95
1. 00
Sa t d, Flow (prof)
1770 0
f,F
3433
3539
1770
3539
Fit Perrnit#ed
0.95
1 .00
0.95
1.00
0.28
1.00
S td Fl (P erm) ..
1 770
2787
3433.
3539
515
3539
P eak - h our factor, PHF
0191
0.91
0.91
0.91
0,91 a91
0,91
0.91
0m9l 0,90
0.91
0.91
Adj. Flo
74
0
498
0
9 0
W
1037
0 24
1
44
RTOR Re ducti on (p)
0
0
321
0
0 0
0
0
0 0
0
0
Lane Gr Flog v
0
74
177
0
0 0
54
1037
0 0
25
744
Turn Type
Split
pM + 0v
Split
Prot
Perm
Perm
Protected Phases
4
4
5
3
P Phases
4
5
A Green, s)
9
38
28.5
116
81.8
81.
Effective Green, g (s )
11.7
4Z2
30.5
113.3
83.8
33.8
A ctuat e d g/C R atio
0.08
0.31
0.22
0,88
0.61
0.61
Clearance Time ( s)
5.0
&0
YFo
5.o
6 .0
V E ,
3.0
3.0
3.0
.3=0
3.0
3,0
Lane Grp Cap (ph)
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Jeff I ngham. P
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: Gordon Military Cutoff
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Jeff Ingha , P
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Military Cutoff & Market
218/201
Je ff Ingham, P
Board of Commissioners Meeting
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218/201
Je ff Ingham, P
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Site access & Military Cutoff
2/8/2010
Jeff Ingham, PE
Board of Commissioners Meeting
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Jeff Ingham, PE
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12: Existing access & Market
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1
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Jeff Ingham, P
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EXCEPTIONAL DESIGN ZONING DISTRICT
AMBERLEIGH SHORES
Appendix E
Site Inventory Summary
J - 21622
AMBERLEIGH SHORES
New Hanover County, NC
Environmental Summary
Prepared for:
Thomas & Hutton Engineering Co.
Wilrnontn, NC
Prepared by:
LAND MANAGEMENT GROUP 114C.
En it onm r,t l Consultants
Janus 2010
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Am erleigh Shores Tract
Threatened and Endangered Species Evaluation
Introduction
On January 12 of 2010, staff of Land Management Group, Inc. evaluated the Amberleigh
Shores Tract for its potential to support federally - listed threatened or endangered species (Table I.
Species with the federal classification of Endangered (E), Threatened T , or Officially Proposed P
for such listing are protected under the Endangered Species Act (ESA) of 1973, as amended.
The f. -acre project site is located within the northern part of New Hanover County, Noah
Carolina, southeast of the intersection of Market Street and Military Cutoff Road. Figures l and 2).
The results of this report are based on due diligence including observations made on the date noted and
on other information gathered from reaps and databases. It is not intended to be absolute yet gives a
reasonable determination of the presence or absence of federally protected species within the project
boundaries.
Habitat with the potential for supporting listed species was identified by revising aerial
photographs, soils maps, and topographic maps of the propel and by walking throughout the site.
Because this survey was conducted outside of the flowering period of the rare plant species,
conclusions drawn about the presence or absence of these species within this tract were based largely
on the existence of appropriate habitat. A search of the North Carolina. Natural Heritage Program
(NCNHP) database was conducted to identify areas within or around the site that are already known to
support federally - listed species. Based on NCNp records, no rase federally or state protected)
species have been observed on or within a one -half mile of the tract.
Site Description
The majority of this 17.5-acre site is forested except for the Pages Creep Marine Services Inc.
facility and parking lot, which is located in the western section of the tract (Figure . Most of the site
consists of uplands and supports a dense mix of mature and young loblolly pine (Pin us a s trees and
hardwood species such as live oak (Quercus vi giniana , magnolia (Magnolia g and flora), water oak
( Q- nig a , and yaupon (ilex v ni `o is ). The northern portion of the tract contains very few mature
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trees. The eastern corner of the tract contains a small depressional area that supports loblolly pine, wax
myrtle ( Morella cer iftra),--red ba b nia , and loblolly bay ( Gordonia lasianthus). Some
ponded water was observed in this area. A ditch forms the southeastern project boundary. A small
wale runs through the center of the site and connects into the larger boundary ditch. Sections of this
sale contained ponded water during the site visit. A poerlinc corridor runs along the northeast
proj boundary. Vegetation within the corridor appears to be periodically maintained.
The site is mostly surrounded b y development, with commercial development to the north and
northwest and residential subdivisions to the northeast, east, and south. A. cemetery and small forested
area exi we of the site.
F Protected Species
D uring the evaluation, the tract was inspected for federally protected species and habitat that
could support federally protected species known to oeciu in the New Hanover County. 'Table 1
contains a list of federally protected species identified by the I.S. Fish and Wildlife Service as
4
potentially occumong within or near the project site. O these species, the green. sea turtle, loggerhead
sea turtle, piping plover, West Indian manatee, and se beach amaranth would not be found within or
near the project boundaries because they are all coastal and/or marine species. A short description o
all other species and their preferred habitats are noted in this section.
Ta b le
1. Dist of federally protected §pecies known n to occur in New Hanover County, as identi ie
Common Name
Scientific Name
Federal Status
Animals
Am erican a lligator A L J � gq t o r m iss Iss ie ns is T S A
Green sea turtle C' el nia mydas T
L oggerh ead sea turtle C rec ta e r # a T
P iping , plover Charadrius melodus T
Red woodp ecker Picoides borealis
Shortnosc sturg
.c:'i s - bi
West Indian manatee
Tr ichechus man a tus
Plants
Goole 's mea Prue
Tha licinim qq�f i
E 2uAh-leaved loos str
L Lgimach ia GIs' ru a is
Se ab ach amaranth 1 '" Amaranthus
p umilits
T
d by USFWS.
2
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KEY:
Status Definition
Endangered. A to n "in danger of extinction throughout all or a significant portion of
its range. "'
T Threatened: A tan. "likely to become endangered within the foreseeable future
throughout all or a significant portion of its range."
T S A Threatened due to similarity of appearance - a species that is threatened due to
similarity of appearance with other rare species and is listed. for its protection.
American Alli r (Alligator mi i i i ensi,
The American alligator lives primarily in freshwater swamps and marshes, but also in rivers,
lakes, and smaller bodies of water (Conant & Collins, 1998). Appropfiate habitat for this species does
not exist within this site.
Red_ Cockaded Woodpecker i o d s borealis)
The red - Beaded woodpecker (RCW) is generally found in. old-growth pine forests and prefers
mature longleaf pines USFWS, 2003). Dense stands (stands that are pri anRy hardwood, or that have
a dense hardwood understory) are avoided. In mature pine habitat, sufficient substrate can be provided
on 80 to 125 acres. All large 12" DB pines that were encountered on the tract were inspected for
CW cavities. No cavities or red-c woodpeckers were observed during the survey. Most of the
tract contains younger, dense stands of pine trees that would. not be suitable habitat for the RCW. The
tract does support some nature pine trees in the southern and central part of the site, but these areas
have a fairly dense understor r of live oak and water oak, which would make it unsuitable for the red-
cockaded woodpecker. Additionally, most of the land surrounding the tract is developed. Based on the
site inspection, suitable nesting or foraging habitat for the red-cockaded woodpecker es not exist
within the tract.
Shortnose Stttraeon (Ac*enser brevirostrum)
The shortnose sturgeon inhabits the lower sections of larger rivers and coastal waters along the
Atlantic east. It may spend most of the year in brackish or salt water and move into fresh water only
to spawn. The fish feeds on ffivertebrates and sterns and leaves of macroph GIMPS, 1998; Collins
3
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16 -7 -90
t al. 1996). Population dynamics are unknown. Although this tract contains several small ditches,
these channels are only periodically inundated amd would not provide appropriate habitat for this
species.
Coole 1Meaowxue 'aim oo
Cooley's r eado rue prefers moist to vet bogs and savannas with neutral soils Leonard,
1987). The flowers of this unisexual plant have no petals. The sepals on male plants are pale yellow to
white and those of female plants are green. Cooley's meado True flowers in mid- to late June. This
plant is shade - intolerant and wet sites exposed to sunlight may provide suitable habitat. Because this
survey was conducted outside of this species' flowering period, a determination about its presence or
absence within the tract is based largely on the availability of appropriate habitat. foist, open areas
were inspected for these plant species. Although no rare plants were observed on site, this survey was
conducted outside of its flowering period. Therefore, this analysis is based on the availability of
appropriate habitat. Most of the site consists of densely vegetated uplands and would not provide
appropriate habitat for this species. The only depressional areas located on the site were a small pocket
located in the southeast corner of the project area, the ditch that forms the southeastern boundary, and
the internal swale. Most of the depressional pocket and the internal swale are densely vegetated and
would not provide appropriate habitat for this species. The boundary ditch is often mowed and consists
of grassed banks. It likely does not provide a seed source for Cooley "s mea o ru . The section of the
depressional pocket that falls within the powerline corridor is periodically mowed. This area could
provide suitable habitat for this rare species.
Rough- leaved Loosestrife (Lysimachia asperulcrefplia)
Rough- leaved loosetrife generally occurs in the ecotones between pine savannas and. pocosirls,
on inoist to seasonally saturated sands, and on shallow organic soils overlaying sand (USFWS, 1993).
Because this plant is shade - intolerant, moist areas exposed to sunlight provide suitable habitat. Open,
moist areas within the tract were inspected for this species. As noted above, most of the site consists of
densely vegetated uplands and would not provide appropriate habitat for this species. The only
depressional areas located on the site were a small pocket located in the southeast corner of the project
area, the ditch that forms the southeastern boundary, and the internal swale. Most of the depreslonl
pocket and the internal swale are densely vegetated and would not provide appropriate habitat for this
Board of Commissioners Meeting
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16 -7 -91
species. The boundary ditch is often need and consists of grassed banks. It likely does not provide a
seed source for rough - leaved loosestri e. The section of the depressi nal pocket that falls within the
po erline corridor is periodically mowed. This area could provide suitable habitat for this rare species.
Conclusions
No rare species were observed within this site during the survey. Based on the current
conditions of the site and adjacent tracts, this site does not appear to contain appropriate habitat to
support any of the threatened or endangered animal species known to occur in New Hanover County
(Table 1). The small depressl na.l pocket located in the powerline corridor may provide suitable habitat
for rough - leaved, to sestrife and Cooley's mead wnie since it is periodically mowed. This area should
be reevaluated dun*ng the plants' flowering period if any development activities are to be conducted
here.
5
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REFERENCES
Conant, R. and J.T. Collins. 1998. A Field Guide to Reptiles and Amphibians; astern Central North
America. Houghton Mifflin Company. 616 pp.
Franklin, M.A. and J.T. Finnegan. 2006. Natural ral Heritage Program List of the Rare Plant Species of
North Carolina. North Carolina Natural Heritage Program, Division of Parks and Recreation.
N.C. Department of Environment and Natural Resources. 136 pp.
LeGrand, H.E. Jr., S.P. lull, S.E. McRae, ae, a .d J.T. Finnegan. 2006. Natural Heritage Program List of
the Rare Animal Species of North Carolina. North Carolina Natural Heritage Program, Division
of Parks and Recreation. N.C. Department of Environment and Natural Resources. 104 pp.
Russo, M. and J.M. Sweeney. 2000. Threatened. and Endangered Species in Forests of Forth Carolina;
Guide to Assist with Forestry Activities. International Paper Co.
National Marine Fisheries Service. 1998. Recovery Plan for the Sbortno e Sturgeon (Acipenser
b e i strum . Prepared by the Sbortnose Sturgeon Recovery Team for the National Marine
Fishenes Service, Silver Spring, Maryland. 104 pages.
U.S. Fish and Wildlife Service. 2003. Recovery plan for the red - cockaded woodpecker (Picoides
beari: second revision. U.S. Fish and Wildlife Service, Atlanta, GA. 296 pp.
6
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Amberleigh Shores Tract
Cultural Resources database Search
According to the North Carolina Office of State Archaeology SA and the State Historic
Preservation a.tion Off" e SHP databases, there are no known sites of historic (archaeological or
architectural) significance within the project botmdarles. The OSA database has identified several sues
located within a one -half mile radius to the cast and southeast of the project area INH26 , 3 INH596,
31NH264, and 1NH29 . All of these records appear to be of prehistoric findings and all but
3 INH298 have not been assessed. It is unluiown by SA staff whether the project area has ever been
included in a survey or whether one would be recommended during a permit review process.
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mber•l i h Shores Tract
Preliminary 404 Wetland Evaluation
Land Management Group, Inc. conducted a preliminary 404 wetland evaluation of the approximately
17.5-acre parcel located southeast of the intersection of Market Street and Military Cutoff Road in
New Hanover County, NC (Figures 1 and 2). Our work included an assessment of available maps
(county soil survey, USGS topographic quadrangle, etc.) and aerial photographs. LMG staff visited
the site on January 12, 2010. Our on-site evaluations included limited assessments of the three
parameters (soils, hydrology, and vegetation) that identify the limits of jurisdictional wetlands as
defined in the 1 987 Corps of Engineers C Wetland Delineation Manual. Please note that the COE
had already made a jurisdictional determination on a 9 -acre section of the project area and classified it
as non juri dictio ,al. Therefore, this area was removed from our original scope of analysis. The
following is a summary of our findings on the remaining . acres.
Based upon observations noted at the time of our field evaluation, it is our opinion that approximately
i
0.33 acre of the project area consists of wetlands as defined by the C (Figure . This area exhibits
conditions that satisfy the three criteria required for the determination of wetlands. In particular,
primary indicators of hydrology and the presence of poorly drained hydric soils were identified..
However, this wetland pocket appears to be isolated. Isolated wetlands are not be regulated by COE
but are regulated by the North Carolina Division of Water Quality, The rernafning portion of the
project area is either developed or consists of better - drained, sandy soils and vegetation more
characteristic of uplands.
Please refer to the attached map depicting the approximate location and extent of areas considered to
be wetlands (Figure 5). Our findings are based upon limited site evaluations and field notes. Therefore,
it should be noted that upland /wetland acreages and boundaries are to be considered preliminary. Only
a fortnal wetland delineation with COE review and approval will identify the specific limits of
jurisdictional and isolated wetlands.
S
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Market Street / Milita Cutoff Tract
Stormwater E valuat ion
Detailed Soil. profile De
January 14, 2010
Boring I Micro Midge 0-1 Kure S Series
A — 0--5" Sand, granular very friable, non sticky non plastic, 1 OYR 3/1.
B — -2" Sand, granular very friable non sti non plastic, 1 oY /1.
C/B — 20 -31" Sand. with Loamy Sand Bb Bodies, single grained, loose, non sticky non
plastic, 1 oY 616 with 1OY 3/3 Bh Bodies.
C 1 — 3 1-40"' Sand, single grained, loose non sticky non plastic, 1 OYl 6/4.
C2 — -52" Sand, single grained, loose non sticky non plastic, 2.5Y 6/4 with 7.5YR 5/
and 2.5Y 6/1 Mottles.
Cg -- 52 -" Loamy Sand, single grained, loose non sticky non plastic, 2,5Y 6/2.
Physical Water: IAA
SHWT: 0"
Boring 2 Side Slope 24% Leon Soil Series
A --- - " Sand, granular very friable, non sticky non plastic, IOYl 3/1,
B — 8-20" Sand, granular very friable non sticky non plastic, 1 OYl /1.
Bh — 20-2 Loamy Sand, weak medium s b ng lar blocky friable non sticky non
plastic, 1OY . 3/3.
Cg1 — 2 -5" Loamy Sand, single grained, loose non sticky non plastic, 2.5Y 5/2.
Cg1 — 54-60" Loamy Sand., single grained., loose non sticker non plastic, 2.5Y /2.
Physical Water: 51 �3
SIWT: 20"
Boring 3 Micro Ridge 0 K reb Soi S eries
A — 0-6'' Sand, granular very friable, non sticky non plastic, 1 oY 31.
B — 6 -12 Sand, granular very friable non sticky non plastic, 1 oY /1..
C/Bh — 12 -20" Sand with Loamy Sand Bh Bodies, single grained, loose, non sticky non
plastic, 1oY 6/6 with I.YI 313 Bb Bodies.
C 1 — 2 - 29" Sand, single grained, loose non. sticky non plastic, 2.5Y 6/.
C2 — 29-45"' Sand, single grained, loose non sticky y non plastic, 2.5Y 6/4 with 2.5Y 6/1
Mo ttles.
C3 — 5 -5" Sand., single grained, loose non sticker non plastic, 2.5Y 5/3 with 2.5 62
and 1 oY 5/8 Mottles.
C — 6 -60" Sand, single grained, loose non sticky nor plastic, 10YR 5/8.
Physical Water: 53"
SHWT. 29"
Board of Commissioners Meeting
07/12/2010
16 -7 -96
Boring 4 Side Slope 24% Paetolus Mandarin Soil Complex
A. — 0-5"" Sand, gran very friable, non sticky non plastic, l OYR 3/1.
— -13" hand, granular very friable non. sticky non plastic, 1 OYR / 1.
h — 13-15" Loamy Sand, weak medium subangular blocky friable non sticky non
plastic, 1. OYR /4.
C 1. — 1 -21 "' Sand, single grained, loose non sticky non plastic, 2.Y 514.
C2 — 21 -33" Sand, single grained, loose non sticky nor plastic, 2.5Y 6/4 with 2.5Y 6/2
Mottles.
C3 ----- 33 -41 "' Sand, single grained, loose non sticky non plastic, I OYR /6 with 2.5Y 6/2
and .Y. 518 Mottles.
C4 — 41-60" Sand, single grained, loose non sticky non plastic, 2.5Y /4 with 2.5Y 612
mottles.
Physical Water: 43"
SHWT: 21
Boring 5 Micro Ridge o- 1% Leon/Kureb Soil Complex
y- -6" Sand, granular very friable, non sticky non plastic, l OYR 3/1.
— 6 -24" Sand, granular very friable non sticky nor plastic, 1 oYR 7/1.
B s — 24-34" Loamy Sand slightly cemented, weak medium subangular blocky friable
noin sticky non plastic, 1 YR 3/3.
Eg/Bh -- 34 -41 Sand with Loamy Sand Bh bodies, granular, friable Don sticky nor plastic,
2.5Y 512 with 10YR 3/3 mottles.
g — 41-49" Sand, granular, very friable non sticky non plastic, 2/Y 2.
B — 49 -60" Loamy Sand, creak medium subangular blocky, friable non sticky non
plastic, 1YR /2.
Physical water: 3"
S W" : 4"
Board of Commissioners Meeting
07/12/2010
16 -7 -97
SITE MAPS
S
Board of Commissioners Meeting
07/12/2010
16 -7 -98
--,i o
. ... . I IS,
PP r""()Xj-
Map Source: North Carolina Atlas & Gazetteer. P 84.2003
Amberlei Shores Tract
New Hanover Count NC
Januar 2010
40-10-005
tLMG
sty 3 kla #1ME T t&WV1*
www.LMGroup.net
Phone: 910.452.0001 al.866.LMG.1078
Fax: 910.452.0060
P
019d 28402
N
L.Am.j
W ISRk E
SCALE 1 - ----- 1 Mile
Fi 1
Vicinit Map
16-7-99
Amberleli Shores Tract
New Hanover Count NC
Januar 2010
allINUO10O R
Fi 2
USGS Topo Map
16-7-100
N
L-AW.6
W ISPk E
S
B j 1,-, r "I ("j,"" x ir I d
ee,
Map Source: Scotts Hi - 11 --- Q - ua dran 7.5 minute (topo 1990. SCALE 1 1000'
- -- ------ -
Flu Kr: reb sand
r
L Le: Leon sand
F no'l -7- PA
El "e,
' f "') I`( ') X ! � 1.;' 1", C ,, - I ")
Map Source: New Hanover Count NRCS Soil Surve
Amberlei Shores Tract
New Hanover Count NC
Januar 201
is
LMIG
www.LMGroup.net
Phone: 910.452.0001 -PI-866-LMG.1078
Fax: 910.452.0060
BO §p ;M ONV 28402
N
m-�
W ,92�A E
S
SCALE 111 = 300'
Fi 3
Soils Map
16-7-101
Amberlei Shores Tract
New Hanover Count NC
Januar 201
E 1115 [111
G
www.LMGroup.net
P hone: 9 1 0.452.0001 •1. . LM G. 1078
Fax: 91 0.452,0060
BPOa d qp s ffi000 j t Np 28402
Fi 4
Aerial Photo
16-7-102
N
6.h..d
W ISP8 E
r i= �I r
r I
Map Source- 2006 NAPP Aeria Photo
SCALE 1 300'
Amberlei Shores Tract
New Hanover Count NC
Januar 2010
40-10-005
MG
vmw.LMGroup.net
Phone: 910.452.0001 -pl.866.LMG.1078
Fax." 91 0.462.0060
28402
Fi 5
Aerial Photo w/
Wetland Overla
16-7-103
D
E
Potential Isolated Wetlands 0.33 acre) W*
Swale/Ditch S
Under Current JD (no jurisdictional areas) SCALE it =
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Board of Commissioners Meeting
07/12/2010
16-7-104
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Board of Commissioners Meeting
07/12/2010
16-7-105
Land Man Grow In .
� °r� f�= irk � �
Environmental Consultant
Wilmin N.C.
o
January 201
RRIZIM
Board of Commissioners Meeting
07/12/2010
16-7-106
Depresinal area in southeastern section of tract.
Partially located in p werline corridor.
Pnded section of swale located in center of site.
Am bcaal 6 h h .66- r Land Mana Group, Inc.
,, P S Q re s Ir a (,,- i Environmental Consultants
New H;ar iove r COUnt NC Wilmin N. C.
40-10-00:5
1 Januar 2010
Board of Commissioners Meetin
07/12/2010
16-7-107
View of ve and small path located in southern part of site.
Youn dense ve located in northern part of site.
XCEPTIONAL DESIGN ZONING DISTRICT
AMBERLEIGH SHORES
P endi px F
Cape Fear Public Utility Authority (CFPUA)
Letter of Availability
J - 21622
PREPARED BY:
THOMAS & HUTTON ENGINEERING CO.
SAVANNAH, GEORGIA* BRUNSWICK, GEORGIA
CHARIgIRSTM
SO iJ�N GAROLINA * MYRTLE BEACH, SOUTH CAROLINA
�i 6 �l� ILMINGTON, NORTH CAROLINA
mow
t Land a'
nv
S La
Aniberlo-,i g h hore-s Tract Land Mana Group, Inc.
Nevv Hanovel,r Cowl y , NC Environmental Consultants
Wilmin N.C.
-10-0,05,
Januar 2010
fflm�N�
Board of Commissioners Meetin
07/12/2010
16-7-109
Lookin northward at propert from tract located to the south
(subdivision under construction).
Ditch that forms southeastern propert boundary.
January 13, 2010
Mr. Ryan .Foster
F loumoy Development CompanY
900 Brookstone Centre Parkway
Columbus, Georgia 31917 - 6566
Ref: Am at Pages Creek
Dear Mr. Foster:
I have had discussions recently with Mr. Brian Riley, P.E., of Thomas & Hutton Engineering.,
c oncerning a site for a p development adjacent to Prospect Cemetery Road i
Wilmington, North Carolina.
At the resent time the Cape Fear Public Utility Authority has water and ,surer infrastructure in
the
v icinity of this site with the capacity to serve the proposed ed 273 unit apartment ent complex and
clubhouse in the amount of 3,0 0 gallons per day (GP D).
Please note that this cap acity i the water and sew system is available at the preset ti but
w ith no guarantee e r reservation until a complete set of engineered plans have been approved b
the Authority's Engineering Department and a eater and Sewer +� o Acceptance Letter has
been issued and the associated water and seer main e tension pert applications have also
been signed by the Director of Engineering.
a
r providing this letter at Mr, Riley's request to inform you o the current availability situation
� g y
a s it exists today,
Yours,
William L. Pinni , P.E.
Engineering Manager
E ngineering Department
agent
Development Services Division
C c: Brian Riley, ,., Thomas & Hutton Engineering
_ . , r '`
9,1 ., q S° �'
Board of Commissioners Meeting
07/12/2010
16-7-110
EXCEPTIONAL DESIGN BONING DISTRICT
AMBERLEIGH SHORES
Appendix G
Report of Job Opportunities Summary
J - 21622
PREPARED BY:
THOMAS & HUTTON ENGINEERING CO.
SAVANNAH, GEORGIA * BRUNSWICK, GEORGIA
CHARluR8TGNrv&0UnTHCAlWLlNA •MYRTLE BEACH, SOUTH CAROLINA
01 27 �
i6 i WiLMINGTON, NORTH CAROLINA
0.5 Mile Radius (7000 Market Street)
Board of Commissioners Meeting
07/12/2010
16-7-113
l
I
k �� •
r
iF +' ` �
}
e
r
k
M
}
dl
x 'ai
P,
t
x
Total All Jobs
2007
Count - Share
Total All Jobs 495 100.0%
Jobs ,.bj_ Worker
Jobs bi E arnines Paid
2007
Count Share
$1,250 per month or less 233 47.1%
$1,251 to $3,333 per month 187 37.8%
More than $3,333 per month 75 15.2%
Jobs by Industry Type ; -dlglt A1CS)
2007 -
Count
Share
Age 30 or younger 233
47.1' }a
Age 31 to 54 209
42.2%
A e 55 or older 53
10.7%
Jobs bi E arnines Paid
2007
Count Share
$1,250 per month or less 233 47.1%
$1,251 to $3,333 per month 187 37.8%
More than $3,333 per month 75 15.2%
Jobs by Industry Type ; -dlglt A1CS)
2007
Count
Share
Agriculture, Forestry, Fishing and Hunting
0
0.0%
Mining, Quarrying, and Oil and Gas
0
0,0%
Extraction
Utilities
0
0.0%
Construction
16
3.2%
Manufacturing
0
0.0%
Wholesale Trade
19
3.8%
Retail Trade
195
39.4%
Transportation and Warehousing
1
0.2%
Information
3
0.6%
Finance and Insurance
6
1.2%
Real Estate. and Mental and Leasing
16
3.2%
Professional, Scientifie, and Technical Services
17
3.4%
Management of Companies and Enterprises
2
0.4%
Administration & Support, Waste
1
0.2%
Management and Remediation
Educational Services
0
0.0%
Health Care and Social Assistance
29
5.9%
Arts, Entertainment, and Recreation
22
4.4%
Accommodation and Food Services
150
303%
Other Services (excluding Public
17
3.4%
Administration)
Public Administration
1
0.2%
Board of Commissioners Meeting
07/12/2010
16-7-114
QW1 Indicators - Private Sector Jobs
2007
C ount ha re
Number of Employers - _
Employment (Beginning -of -2nd quarter) -
E mployment, Stable Jobs - _
Separations, Stable .fobs -
New Hires, Stable Jobs _
Firm Job Gain - -
Firrn .fob Loss _
Employment (reference quarter) - -
Average Monthly Earnings, Stable Jobs - W
Average Monthly Earnings Separations from - -
Stable Jobs
Average Monthly Earnings, New Hires, Stable - ..
Jobs
ua) - terl y Workforee Indicators (Q WI in O Thv� ap are c{onsrdered to be e.xperr'm meat. For the
latest and nio.st accurate Q W1 s tans tics, arse the Q W1 O n Iine application at
g..,..
,Job c -ounts and aver age eaj-nings measures thal are ,subje t to iierrm Suppression at the block -level
do not c. ontribute to es i imatesfi the ,selected area in 1h is repori. To th e exlenI that the +sel cted
area in the Q W1 Report is q1fec led by i1ein suppression, job to un is in the Q W1 Deport will be
to than the carrespondi g job munts in the Sled Report. Q WI data, or 2007 and 2008 are
not vet available.
Report Settings
Ye
Job Type:
Labor Market Segment:
Selection Tool:
Add Buffer Type:
Buffer Size(s):
Map Precision:
Selected Block Court;
Query ID:
R Generation Date:
2007
A ll Jobs
All Workers
Point (s
Simple /Ring
Radius: 0.50 mi
Blocks
1
12610641506278
Version 4 ,0 generated on 12/ 17/2009 10:35
Data Sources
CAS Census Bureau, LED O nTheMap Origin- Destination Database
(Begi o Quarter Employment, 2nd Quarter 2008, 2007 2006 2005, 2004, 2003, an 2002)
Board of Commissioners Meeting
07/12/2010
16-7-115
EXCEPTIONAL DESIGN ZONING DISTRICT
AMBERLEIGH SHORES
Appendix I
Transit Exhibit
J - 21622
PREPARED BY:
THOMAS & HUTTON ENGINEERING CO.
SAVANNAH, GEORGIA •BRUNSWICK, GEORGIA
CHARl,E&TCNvSQUTdi tRQLINA •MYRTLE BEACH, SOUTH CAROLINA
0/12/20
16-7- iiILMING'I'ON,1rIQRTH CAROLINA
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Board of Commissioners Meeting
07/12/2010
16-7-118
Ln con too
CA
COD
o 5 CA
Board of Commissioners Meeting
` 07/12/2010
16-7-119
EXCEPTIONAL DESIGN BONING DISTRICT
AMBERLEIGH SHORES
Appendix J
Bicycle Exhibit
J - 21622
WIN
o
Board of Commission Meeting
16-7-121
y
td
mm P, ►a
EXCEPTIONAL DESIGN BONING DISTRICT
AMBERLEIGH SHORES
Appendix lic
FEMA Flood Exhibit
J - 21622
SAVANNAH, GEORGIA $BRUNSWICK, GEORGIA
C ��t!XkbLTNA • MYRTLE BEACH, SOUTH CAROLINA
16 - 7 - WILMINGTON, NORTH CAROLINA
16-7-125
EXCEPTIONAL DESIGN
ZONING DISTRICT (EDIZD)
ADDENDUM #1
FOR* 0
AMBERLEIGH SHORES
SUBMITTED FOR CONSIDERATION FOR REZONING
NEW HANOVER COUNTY, NORTH CAROLINA
PREPARED FOR.
FLOURNOY DEVELOPMENT CO
J — 21622
May 6,2010
James W ss ld rl ,
Architect
ct
PREPARED BY:
THOMAS & HUTTON ENGINEERING CO.
SAVANNAn GEORGIA UNSWT K� GEORGIA
CHARt9&T@R;8MWWCWA0MA MYRTLE BEACH SOUTH CAROLINA
A
07/12/ '' 1
10
16 8 lI- N CAR
PURPOSE:
O n March 1 2010 review comments were provided from New Hanover County Planning for
the EDZD Amberleigh Shores submittal. In order to allow for adequate time to address the
comments, the project was continued administratively for one month and then withdrawn t
avoid risking a 12 month re-submittal delay as determined by ordinance. On Tuesday, May 4,
the project was are - submitted in its original form. The purpose of this addendum is to provide
additional information concerning the staff review comments for consideration by the Planning
Board. The review comments are included herewithin in bold text and the associated responses
are in italics.
COMMENT RESPONSESP
Thank you for your application to rezone to an Exceptional Design Zoning District. The
following are staff comments that have been generated from a preliminary review of your
application. Generally speaking, much of the required 'information appears to e included
however some clarification or supplementation of information is requested before the
Planning Board hearing.
The following comments were generated from preliminary staff review of the EDZ
application for Arnberleigh Shores:
rdin nc . e uirements
1. 53.6 -3: A map is required for the purpose of showing the location of existing water
and sewer lines, roadway classification, existing or planned bicycle and pedestrian
facilities, schools, parks and shopping districts within 1 mile radius of the
o utermost project boundary. The intent of this map is to place the proposal within
the context of its surrounding area. Several maps are provided that individually
show these topics, but the I mile is not delineated.
reap is now provided attached to this document.
2. 53.6-448- The applicant must be the owner or owners of all the property to he included
in the district and must demonstrate that the property is Jointly owned or he subject
to a formal agreement for unified control. The assumption of ownership and
maintenance after construction" is problematic. If the district is approved, there
must he unified ownership prior to approval of the final plan and before building
permits are issued.
The applicant has contracts t purchase the entire property conditioned upon completion
of ,toning and obtaining the permits necessary t o construct the development. The
purchase will be complete prior t construction on once all approvals are in place to obtain
building ,permits as the applicant's HUD lender relines building pe at closing.
Exceptional Design D'
g tr' DZ Ad endure # , -21622
oar oomissionrsee�tin
07/12/2010
Amberler h Sh ores g
''�'' 16 -8 -2
I EDZD Core Requirements:
:
Core Requirement 1 - Smart Location: Please provide actual measurements
of the perimeter and identify the measurement being used to claim the
75% existing development.
The total tract boundary is approximately 4,305 linear feet f comprised of:
o Single Family Lot Frontage 1 000 if
o Commercial Frontage 840 If
o Market Street 200 If
o Covil Subdivision 1 360 , f
o Cemetery 905 f
Assuming the total tract perimeter being claimed as existing development is
3,400 i { not counting the cemetery), then 3,400 If f = % of 4,305 If. 79%
75%, so the project meets the intent of this core requirement.
Core Requirement 2 - Proximity to Water/Sewer: Map in Appendix F does
not match the roJeet map.
The map requested under comment ##1 above required water and sever as
well, so the map in Appendix F has been abandoned.
Core Requirement 3 - Wetland waterbo Conservation; The concept map
Heist show the 10 no-build area to demonstrate how the requirement is
being met.
The revised conceptual land plan now shows the approximate location o, f the
00' no build area. According to a meeting on March 22, 2010 with Shawn
Ralston and DWQ staff concerning LIB], it was suggested that a s or nwa ter
wetland would be a more desirable use of land within the 100' area as
opposed to a wet retention pond. The plan also shores the approximate
location of the stormwater wetland. Final design o f the stormwater system
will determine the exact location and geometry with respect to the topography
and the existing wetland. No built-upon area is .shown in the 0' area.
by
Exceptional Design Z6ning3Q,&4d &WZQg6AWd dum #1 J-21622
Arnberleigh Shores 07/12/2010
,;g 16 -8 -3
Core Requirement 4 - St rr wa.t r: It has been acknowledged that this site
will have challenges for implementing LID onsite. As a result, this section
needs a lot more discussion about how the requirement is going to be net'.
In addition, the provided conceptual map does not demonstrate the LI
measures that were discussed during the preliminary LID meeting with
staff.
. meeting was held on March 22 to discuss LID with S Ra and
WQ staff. Th various LID techniques were discussed along with the
challenges of th site with respect t t op ography, soi an groundwat It
was the position of WQ at the meeting that the state is more conc
about promoting in filtration and reducing r o from the site tha
demonstrating that a certain number-" of various LJD techniques are being
utilized. It was agreed upon that final soils and groundwater analysis would
b e used to determine the total amount of permeable e p avement in p ar k in g
spaces that would be provided. Permeable parking spaces will b e provided in
locations where th permeab rates and seasonal high water table exceed
the state minimum criteria. Al ong with the permeable parking ;spaces, the
following other techniques will be applied t o this site:
0 Rainwater cistern
Constructed wetland
Infiltration basins
Vegetated conveyances and disconnected impervious
The map has now been revised t demonstrate the location of the infiltratio
b asins and constructed wetland. The enact location of th e cistern and
permeable e pavemen s not determined at this t ime.
4 . Additional Requirements
Additional Requirement 1 - Bike/Pedestrian Access: Please address how each
o f the required components will be implemented in order to claim these
points. A through connection must be included in at least 90% o f any new
c u- d e - sacs (this should be demonstrated on the conceptual plan). Bicycle
parking and storage must be provided onsite for multifamily developments.
The original submittal addresses that bicycle racks will b e provided at space
o dwelling units. The concept plan has been updated to show the
connections described external to the development. The plan is conceptual
and final locations of the racks will be determined based on the needs of th e
comm unity, convenience and ease of access.
Exceptional Design Zon n jWc 64KPZQ) A ddetidum #1 -21622
T A er leigh Shores 0 7/12 / 20 10
��.. -� 16-8-4
Additional Requirement 2 - Housing./Jobs/Commercial Proximity: The
requirement pertains to walking" distance to ,jobs from the geographic
center of the project. Please update the information t accurately
demonstrate the walking measurements. Census data may be outdated for
today's economy. For accuracy, field surveys or phone calls should be made
to c urately identify the businesses within 1 / mile walking distance.
We believe the census data is the reliable source of data for this additional
requirement er other* than conducting door to door surveys, or employment data
research online for public institutions. However, to support the census
that was provided previously, we conducted door~ to door surveys on May 5,
20 for some, (riot all, businesses within 1 12 mile erg distance from the
geographic center of the project. We selected busi es e that fell within the
walking distances shown on the map for diversiry of uses. The following is a
table of our findings. our findings still support that our project meets the
intent of this additional requirement. All employers surveyed ed with part -time
employees reported at least 20 hours per week.
Business
Location
Full -Tine
Part - Time
Name
Employee
Employee
Food Lion Shopping
Food Lion
Center (FSQ
15
35
Great Clips
FSC
4
2
All Star Subs
FSC
3
2
Rite Aid
FSC
Military
Professional Buildi
Cutoff
2
Harls
FSC
18
12
Waffle Mouse
FSC
12
Urgent Care
FSC
4
2
Liberty Tax
FSC
1
2
L. A. Nails
FSC
BrooKyn Pizza
FSC
Sari Buffet
FSC
Pop Shoppe
FSC
6
2
Fabric Store
4
3
Priscilla M
1
D ry Cleaner
Lawn Mower
Golf Range
3
Boats U
6
l
Exceptional for a Design Zonin IJW 6 "ZQ4 dd i dum #1 J -21622
Ambeeig Shores 07/12/2010
_tRI CV 16 -8 -5
Business
Location
Full -Time
Part -Time
Marne
Employee
Employees
Printer Al!e L
3
_ 1
State Farm
5
Sun Trust
J Flower
2
2
B owling Alley
1
5
Little Caesars
3
11
Leon & Dick's Rib
Shack
1 5
5
Fails
2
Allure
3
Ice Cream
2
Stone Garden
6
2
> enj * anu* n Moore
Mr. Storage
2
Hewitt Packard
3
Marnia Attie
2
Marine Warehouse
I 1
1
Leased space for
Marine Warehouse
2
CVS
2
Totals
236
113
F TE Calculation
Number Total Person -Hours Per Ida Sub- -Total FTE'
Full Time 236 108 236
( assume 8hr/da
Part - Time 113 452 56.5
(assume 4
Total T 292.5
Additional requirement 3 - Diversity of ' es: Show walking distance
measurements to the businesses utilizing a viable pathway to destinations
within 1 mile in order to show that people living in this project could
reasonably choose to walk to work or shopping. (Since there are no
sidewalks, measuring along internal paths out to the right -of -way and then
on to the destinations would be the logical pathway),
The map providedfor comment #1 now illustrates the information
requested.
°
Exceptional iona Design Zoning3Qs4da4iWZO AdddjMdum #1 J-21622
r r r g le 07/12/2010
, 16 -8 -6
Additional Requirement Conservation Management of
Hbittfvetlands: Please address how each of the rewired components will
be implemented ln order to l im these points. More 'information must be
provided as to the long -term management plan.. guaranteed funding source
must be provided.
Flournoy will provide for ongoing property management and maintenance of
the project. Management of the trees and natural areas, and protection of the
wetlands will be a part of ` the maintenance plan of the property. According
the guidance and educational literature published by the EPA, the best way to
protect a wetland is to preserve it in its natural state, preserve areas adjacent
to it and protect the wetland system from pollutants often or nd in urban
runoff. The proposed plan accomplishes each of these by providing the
constructed wetland adjacent. Larger storrnwater discharges will be routed
away from the wetland, but runoff from smaller storm events will be treated in
the BMP and released into the wetland area so that it continues to have a
water source. Maintenance of the constructed wetland will be a requirement
of the permit issued by the Division of Quality and will run concurrent
with the property, so it will be a requirement for the property owner to
dedicate sufficient funding in order to accomplish this. Educational si nage
will be estab ishedfor the man -made wetland area.
Additional Requirement 5 - 'transit Facilities: Please address how each of the
required components will be implemented in order to claim these points.
Please provide information about where the covered or partially enclosed
shelter for the transit stop will be located.
Based on coordination with Executive Director of WAVE, a payment in lieu
for a shelter that will be designed appropriately for use in the,,NCDOT right-
of-way. The cost is anticipated to be between $8,000 and $10,000 and will be
determined by WAVE. WAVE will provide a final agreement to be ratified by
the applicant indicating the shelter will be placed within 1 14 mile from the
development, and a copy of the final agreement will be provided to the
County. Final location and date of t lla io will be determined by WAVE
to meet the needs o, f their ogr am.
Exceptional Design Z nines gtCja"ZD),sAd U# urn #1 J-21622
Ar ber l igh Shores 07/12/2010
' " { 16 -8 -7
Ad ditional Requirement 8 - water Efficient Landscaping: Please address
how ea Wof the required ire d components will b e implemented In - order to claim
these points. Turf must be limited to 2 or less and d rip irrigation must
installed.
The project will reduce potable water consumption for irrigation b y limitin
turf t o 25 or less. The area of turf will be indicated on the TRH' plan. As
stated in the orig su bmittal, the project will also incorporate a cistern that
will store and release rainwater through drip irrigation. The exact location
and sizing will be detennined based on the amount of roof a rea that will
contribute flow to the catchment system and the actual time that it takes to
draw the volume down so that water is not sitting for an extended period o
tame. Final design detains will be provided to TRC. Stormwa er will naturally
irrigate other areas that are planned for no potable irrigation, particularly
the areas t remain in their natural state.
Additional Comments
In addition, the following information would be helpful in staff's analysis of the
proposal when preparing the written, report in association with §53.6-
discussion of local concerns such as preservation of trees or adja to
Prospect Cemetery COD.
T rees will be preserved to the maximum ex practicable. A buffer er~ w e
maintained along the cemetery an the development should not have a negative
impact t o th e cemet
Include more information about the Community Meetings; i.e. how the
information was presented, what was the format and what discussion was
generated between the applicant and the participants.
Community meetings were conducted as informal drop -an style for two h ours each at
Eaton Elementary cafeteria. T he concept plan provided with this submittal was
displayed along with photos of similar- acct completed by the Developer.
R epresentatives were on hand from Flournoy a nd Thomas & Hutton to answer
questions about the proposed development and EDZ Sign in sheets provided with
comment blanks were provided and are included with the submittal. Light snacks and
drinks were provided.
Exceptional Design Zoning".a of�MZD std dum #1 J-21622
Abr Shr ore, 07/12/2010
:' 16 -8 -8
No more than 24 units can be built until all of the credited points and
requirements are certified. This should be acknowledged i the application. It
world be helpful to provide information about how this will be accommodated.
The intent of EDZD is to encourage sust ainabl e practices. To that end, we propose
that a building be certi or the U Green Building Council " SG C"
'D program. The final certification time that we typically see for ac LEED project
is between I and .5 years after c onstruction is completed. The LEED process begins
with registration of the project demonstrating an intent to reach certification.
Submittals are rude to USG BC requesting concurrence that the points are being
achieved. "Design" and "" Construction " submittals can b made together at the end
of construction, or Design sub mittals can b e made i ndepend en tly y prior- to
construction, , ire which case the applicant generally receives review comments within
about 45 days for point ease the design of the project. Review comments
include the reviewer's ruling on whether or not the project is likely to meet the design
credit requirements a nd earn the associated point(s)
Depending on the credits pursued, the Construction Submittal cannot be submitted to
the U SGBC immediately after construction � is complete � some o the credits equi
� re
i put on the building "s performance from the occupants after they have occupied the
building for a specified period of time.
Accordingly, we are proposing that the County consider with respect to Additional
R equirement , "Certified ie Green Building", that as long as the project has been
registered and a Design Submittal made to USGBC, and as long as review comments
of the design points from US GBC ha been provided the County, that the project
b e allowed to continue to obtain building permits beyond 24 units.
If the project is to be gated an explanation of how traffic will flow at peak tines
without backing up into the entrance.
According to the Traffic Impact Analysis, TIA prepared and included with the
submittal, we estimate approximately 109 entering peal hour trips which averages 2
vehicles per minute. There is adequate space provided in the plan to accommodate
stacking of vehicles at the entrance outside of the pudic travel lanes.
A n overpass is planned for the Military Cu toff/M arket Street intersections,
According to a meeting he with DoT representatives, a preferred alignment h as not
been selected and provided to the public for hearing. The project t is currently
t y
unfunded. No corridor preservation for this property has been re o ded and the
Exceptional Design Zoning mWM(EDZ rsA1ddftdur J- 21622
{ m b er l eigh Sh ores 07/12/2010
16 -8 -9
property was specifically excluded from the corridor preservation snap for Military
Cutoff Extension recorded in August 2005.
Exceptional Design Zontn iaWct "Z rsA4digd n #1 J-21622
+ mberle gh Shores 07/12/2010
16 -8 -10
This page intentionally left blank.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: July 12, 2010
REGULAR
ITEM: 17
DEPARTMENT: Governing Body PRESENTER(S): Chairman Thompson
CONTACT(S): Sheila L. Schult, Clerk to the Board
SUBJECT:
Appointment of Voting Delegate to the 2010 NCACC Annual Conference
BRIEF SUMMARY:
The North Carolina Association of County Commissioners ( NCACC) Annual Conference will be held
August 26 -29, 2010 in Pitt County, North Carolina. A voting delegate must be appointed and submitted to
NCACC by August 6, 2010.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Appoint delegate.
ATTACHMENTS:
NCACC 2010 Annual Conference Voting Delegate Form
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Make appointment.
COMMISSIONERS' ACTIONS:
Appointed Commissioner Greer as the voting delegate and Vice - Chairman Barfield as the alternate 5 -0.
Board of Commissioners Meeting
07/12/2010
17 -0
NO R T H C A R O L I N A
ii 1111111 11
Designation of Voting Delegate
to NCACC Annual Conference
I,
delegate for
, hereby certify that I am the duly designated voting
County at the 103rd Annual Conference of the North
Carolina Association of County Commissioners to be held in Pitt County, N.C., on August 26 -29, 2010.
Signed:
Title:
Article VI, Section 2 of our Constitution provides:
"On all questions, including the election of officers, each county represented shall be entitled to one
vote, which shall be the majority expression of the delegates of that county. The vote of any county in
good standing may be cast by any one of its county commissioners who is present at the time the vote
is taken; provided, if no commissioner be present, such vote may be cast by another county official,
elected or appointed, who holds elective office or an appointed position in the county whose vote is
being cast and who is formally designated by the board of county commissioners. These provisions
shall likewise govern district meetings of the Association. A county in good standing is defined as one
which has paid the current year's dues."
Please return this form by: Friday, August 6, 2010
NCACC
215 N. Dawson St.
Raleigh, NC 27603
Fax: 919- 733 -1065
Board of Commissioners Meeting
07/12/2010
17 -1 -1
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: July 12, 2010
REGULAR
ITEM: 18
DEPARTMENT: Governing Body PRESENTER(S): Chairman Thompson
CONTACT(S): Sheila Schult, Clerk to the Board
SUBJECT:
Committee Appointments
BRIEF SUMMARY:
Vacancies exist on the following Boards and Committees:
Adult Care Home Community Advisory Committee
NHC Inspections Department Advisory Council
NHC Planning Board
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Make appointments.
ATTACHMENTS:
Applications
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Make appointments.
COMMISSIONERS' ACTIONS:
The following committee appointments were made.
Adult Care Home Community Advisory Committee:
Martha H. Stein was reappointed
Cecil W. Sutton was reappointed
Karen McDowell Vincent was reappointed
NHC Inspections Department Advisory Council:
Rodney Q. Harris was reappointed in the Residential Builder category
Mike Hayes was appointed in the At Large category
Jimmy Piner was reappointed in the Electrical Contractor category
David Lee Smith was appointed in the Residential Builder category
NHC Planning Board:
Board of Commissioners Meeting
07/12/2010
18 -0
Troy B arboza was appointed for an unexpired term ending 7/31/12
Tamara Carter was appointed for a three -year term expiring 7/31/13
Tara Schwenzfeier Murphy was appointed for a three -year term expiring 7/31/13
Board of Commissioners Meeting
07/12/2010
18 -0
COMMITTEE APPOINTMENTS
ADULT CARE HOME COMMUNITY ADVISORY COMMITTEE
Membership: 18 maximum, 13 mandated based on the number of
facilities operating in New Hanover county
Current Members: 11
Vacancies:
Terms:
APPLICANTS:
Up to 7
1 year initially - 7/31/11
3 years - 7/31/13
ELIGIBLE FOR
REAPP OINTMENT
Martha H. Stein X
Cecil W. Sutton X
Karen McDowell Vincent X
Attachments: committee Information Sheets
Application
Board of Commissioners Meeting
07/12/2010
18 -1 -1
NEW HANOVER COUNTY
ADULT CARE HOME COMMUNITY ADVISORY COMMITTEE
Number of Members: 13 State mandated; May appoint up to 18 (1 member for each
permitted facility) The Adult Care Home Administrators may nominate one -third of the
members. If possible, one member must be a person involved in the area of mental retardation.
A county Commissioner shall be appointed to serve in an ex-officio capacity.
Compensation: None, but may be reimbursed for actual expenses.
Term of office: 1 year term initially; 3 year term thereafter
Qualifications: Must be a resident of New Hanover County. No person or immediate family
member of a person with a financial interest in a home served by the committee, or employee or
governing board member of a home served by the committee, or immediate family member of a
resident in a home served by the New Hanover County Adult Care Home Community Advisory
Committee may be a member of this committee. Immediate family is defined as mother, father,
sister, brother, child, grandmother, and grandfather, as well as in -laws. See Volunteer Job
Description for more information.
Purpose: The committee supports the spirit of the Adult Care Home Resident's Bill of Rights,
Visits adult care homes quarterly, promotes the well being of residents and encourages
community involvement. Statute establishing Committee: N.C.G.S. 131 D -31
Regular Meeting: Quarterly Meetings are held on the first Wednesday of January, April, July,
and October at 9:30 a.m. at the Cape Fear Council of Governments, 1480 Harbour Drive,
Wilmington, NC.
Board of Commissioners Meeting
07/12/2010
18 -1 -2
TERM OF OFFICE
CURRENT MEMBERS
APPOINTMENT
EXPIRATION
Yuri Buechler
Initial 4/19/10
4/30/11
313 Ann Street
Wilmington, NC 28401
508 -6098 (H)
Mary K. Busbee
Initial 4/18/05
4/30/06
8402 Emerald Dunes Road
First 4/18/06
4/30/09
Wilmington, NC 28411
Second 4/20/09
4/30/12
686 -2763 (H)
Susan K. Craig
Initial 3/15/10
3/31/11
7507 S. Promontory Court
Wilmington, NC 28412
392 -0022 (H) 392 -5806 (W)
Jackie Dae
Initial 3/16/09
3/31/10
902 Kings Grant Road
First 3/15/10
3/31/13
Wilmington, NC 28405
350 -2733 (H) 409 -3240 (C)
Board of Commissioners Meeting
07/12/2010
18 -1 -2
- 7 1
ADULT CARE HOME COMMUNITY ADVISORY COMMITTEE
PAGE 2
TERM OF OFFICE
CURRENT MEMBERS
APPOINTMENT
EXPIRATION
Harvey C. Hutchison
Initial 3/15/10
3/31/11
7603 Owl Roost Court
Wilmington, NC28411
686 -1004 (H) 792 -5377 (W)
L. Thomas Jennings
Initial 11/21/05
11/30/06
415 Charlotte Avenue
First 12/18/06
12/31 /09
Carolina Beach, NC 28428
Second 12/7/09
12/31/12
458 -2584 (H) 619 -0762 (C)
Janet H. Locklear
Initial 11/22/04
11/30/05
6130 Inland Greens Drive
First 11/21/05
11/30/08
Wilmington, NC 28405
Second 11/10/08
11/30/11
798 -8117 (H)
Lorraine McEvoy
Initial 8/14/06
8/31/07
121 Spartan Road
First 8/13/07
8/31/10
Wilmington, NC 28405
784 -9325 (H)
Sandra Oglesby
Initial 12/18/06
12/31/07
1508 Rock Hill Road
First 12/17/07
12/31/10
Castle Hayne, NC 28429
675 -8040 (H) 452 -8200 (W)
Oliver F. Schreiber
Initial 8/14/06
8/31/07
121 Spartan Road
First 8/13/07
8/31/10
Wilmington, NC 28405
784 -9325 (H)
Nadine Shipman
Initial 12/17/07
12/31/08
6307 Strawfield Drive
First 12/15/08
12/31/11
Wilmington, NC 28405
791 -3503 (H)
Martha H. Stein, Chairman
Initial 7/24/06
7/31/07
2203 Marlwood Drive
7/23/07
7/31/10
AotFirst
Wilmington, NC 28403 �.
762 -1125 (H)
Cecil W. (Woody) Sutton
Initial 7/24/06
7/31/07
50 McEachern Court �
First 7/23/07
7/31/10
Wlmington, NC 28412
512 -1612 (H) 962 -7074 (W)
Karen McDowell Vincent
Initial 7124/06
7/31/07
713 Fayetteville Avenue
First 7/23/07
7/31/10
AA Carolina Beach, NC 28428
458 -5620 (H)
Revised: 4/20/2010
Board of Commissioners Meeting
07/12/2010
18 -1 -3
New Hanover County
Board of Commissioners
320 Chestnut Street, Room 305
Wllmmgton, NC 28401 -4093
Telephone (910) 798 -7149
Fax. 798 -7145
COMMITTEE APPLICATION
Board/Committee: Adult Care Home Community Advisory Committee
E C E WE
JuN 2 1 2006
NEW HANOVER CO
BD. Of COMMISSIONERS
Name: Martha H. Stein
Home
Address: 2203 Marlwood Drive
28403
(Street)
Mailing Address if different: _
Home Phone: 910-762-1125
Dears Living in
New Hanover County: 21 Male: : Caucasian Age: 59
y Female: Rare.
(Information for the purpose of assuring across section of the community)
Employer: Retired from New Hanover County DSS in September 2005
(A person currently employed by the agency or department for which this application is made, must resign his/her position with New Hanover County
upon appointment, in accordance with Article VI, Section 4 of the New Hanover County Personnel Policy.)
Job Title:
Professional Activities: None
Volunteer Activities: None
Why do you wish to serve on this board/committee? To continue to provide service to our citizens
Conflict of Interest. If a board member believes he I she has a conflict or potential conflict of interest on a particular issue, that member should stale this beliefto the other
members of his 1 her respective board during a public meeting The member should state the nature of the conflict, detailing that helshe has a separate, private or monetary
interest, either direct or indirect, in the issue under consideration. The member should then excuse himselflherself from voting on the matter.
What areas of concern would you like to see addressed by this committee? Assuring that the residents are safe
and well cared for.
Qualifications for serving: 30 years DSS work experience including management of the Adult
Medicaid and Special Assistance Program
Other municipal or county boards /committees on which you are serving: None
List three local personal references and phone numbers:
1. Ann Barkley - 910- 798 -3478
2, F. Wayne Morris - 910- 793 -0842
. Barbara DeBose - 910 - 395 -1077
Date:
Apoications are kept , 6n rile for IS months
(Zip Code)
Wi NC
(City)
Business/Work Phone:
Signature:
se reverse side for additional comments
Board of Commissioners Meeting
07/12/2010
18 -1 -4
05/02/2006 09:26 9625953
New Hanover County
Board of Commissioners
3 20 CIbas tout S treet Room 345
Wilmington, NC 29401 - 4090"
Telephone: (91 d ) 796 -71 as
Fax: 798 -7
UNCW
COMMITTEE APPLICATI
E UO E I WE
MAY 2 Zoos
NEW HANOVER CO.
RD. OF COMMISSIONER
Boar /C ommitt ee: Adult Care Homa Communi Advi s ory Committee
Name: Cecil W. Sutton "Woody"
Home
Address: 5 30 McEachern Court Wilmington NC 2 8412
[Stree (City) (Zip Cede
MaWng Address if different:
Hone Phone: 910/512.1612
Business/Work Phone: 914.952.70
Fea rs Living in 17 , White A e 37
New Hanover County: Ma)e. �— Female: Race. ge.
(Informatiea for the porpase of aSserin9 a cre%5 section of the cawwunity]
Employ university of North Carolina Wx lmi.ngton
[A pert ea curresfly emp td by the aaency 0 depertMemt far which thim. App Ustio■ is 019de4 Mess traafzn hiifber position With New Hansrer Coanly
open appoin cm on t, in accordun cc WA Ar tic Ic V L See do a 4 *f the New N ono Ver C ounty Fc,ri Policy.)
Job Title:
Ass to the Vice Chancellor fo program Promotion and Evaluation
Professional Activities: American Marketing Association Member
Volunteer Actifties: wHQR 91 . 3f=
on this b ardlco I strongly believer that all persons in long - term care
Why do you wish to serve
f acill i. ties deserve the best quality of life - medical, physical, emoti*nal aid Spiritual.
Confllcr of trtterest: K s board momber believes he/ Me has A con plot or potential con Nof of Womst on a partiCUlar jetue, (not m ernber shou etate thi trel iefto me o f fer
mom bers of nis t As respective boaro during a put fi meat /ng. The momb r should Slate the neture of (no conflic detailing that hafthe has a saperalc, prwate or monetely
interest, e+thcr direct or in0frect, in :he issue Knde► cand,dcra Tho momb er should then axcuse him$ &if / hersetf from voting on the ma (tsf.
l like o see addressed b► this committee? Resident to S taff ratio : educati
What areas o� concern wou you l I,e t y
credentials for administrators and staff; facility inspection; and resident interviews
Primary care giver for 96 year old granftother (4yrs) : continuing edu-
Qualif cations for serving:
ca talon coordinator r UNCW School of slurs ing ( 2yris : tYM Adul Scholars coordinator (3yr s )
Other municipal or c boards/committees on which you are serving: Hone .
List three local personal references and phone numbers:
oven Wexler, 1442 Old r•amplighte:r way ■ Wilmington. NC 28403; 790
I. .
2.
Beth Whi Steelman, 1510 Chestnut Streat ( Wi 10ingt0u p NC 28441; 762 --6417
3.
virgini.a Adams, UKCW School of Nursing,, Wil�gton, NG 28443; 962 - 7 4 10
Date: Ma y 1• 2006
— dnnh� - - - -
Applications arc kept on fik fur 13 mooths
Signatvire:
PAGE 01
sereverse side far sd4Iden41 evU0 Meats
Board of Commissioners Meeting
07/12/2010
18 -1 -5
New Hanover County
Board of Commissioners COMMITTEE APPLICATIO
320 Chestnut Street, Room 305
Wilmington,NC 28401 -4093
Telephone: (910) 798 -7149
Fax: 798 -7145
Board /Com mittee: Ad Care Home Community Advisory Committee
EC E WE
JUN 2 3 2006
NEW HANOVER CO
BD. Of COMMISSIONERS
Name: Karen McDowell Vincent
Home
Address: 713 Fayetteville Ave Carolina Beach NC
28428
(Street)
Mailing Address if different:
Home Phone: ( 910) 458 -5620
(City)
Business/Work Phone:
(Zip Code)
Years Living in
New Hanover County: 30 Male: Female: Race: White A ge: 58
(Information for the purpose of assuring a cross section of the community)
Employer Retired from New Hanover County Department of Social Services
(A person currently employed by the agency or department for which this application is made, must resign his/her position with New Hanover County
upon appointment, in accordance with Article VI, Section 4 of the New Hanover County Personnel Policy.)
Job Title Assistant Director for Economic Services
Professional Activities:
Volunteer Activities: Membership Secretary St. Paul ' s United Methodist Church
Why do you wish to serve on this boardlcommittee9 New Hanover County was very good to me in my working
career. I want to give something back. Also I have a sincere interest in this population.
Conflict of Interest Y a board member believes he / she has a conflict or potential conflict of interest on a particular issue, that member should state this belief to the other
members of his /her respective board during a public meeting. The member should state the nature of the conflict, detailing that he /she has a separate, private or monetary
interest either direct or indirect, in the issue under consideration. The member should then excuse himself I herself from voting on the matter.
What areas of concern would you like to see addressed by this committee? Issues regarding the quality of
life for residents
Qualifications for serving: I have worked with the elderly and disabled through the Medicaid and
Food Stamp Programs and have a good understanding of their needs and concerns.
Other municipal or county boards /committees on which you are serving: None
List three local personal references and phone numbers:
1. Bill Caster 341 - 7149
2. Wayne Morris 793-0842
3. Wanda Neid.ig 350 -1988
Date: June 2 2, 2006
Applications are kept on file for 18 months
Signature: ��,� li'� � • (�_� LQ�
Board of Commissioners Meeting
07/12/2010
18 -1 -6
Use reverse side for additional comments
COMMITTEE APPOINTMENTS
INSPECTIONS DEPARTMENT ADVISORY COUNCIL
4 Vacancies (3 -Year Terms 7/31/2013)
2 — At Large
1 — Residential Builder
1 — Electrical Contractor
APPLICANTS CATEGORY
ELIGIBLE FOR
REAPPOINTMENT
Rodney Q. Harris
Residential Builder X
Mike Hayes
At Large
Jimmy Piner
Electrical Contractor X
Frank Roberts
Residential Builder
David Lee Smith
Residential Builder
(Served 2 terms as at -large representative m;7/04-7/1 o)
Ellen Sutliff
At -Large
Attachments: Information Sheets
Applications
Board of Commissioners Meeting
07/12/2010
18 -1 -7
NEW HANOVER COUNTY
INSPECTIONS DEPARTMENT ADVISORY COUNCIL
r
r
-00�
r'
L �'
I VN
Number of Members: 8, appointed in categories as follows:
Commercial Builder, Electrical Contractor, Engineer, Mechanical Contractor, Plumbing
Contractor, Residential Builder, and 2 At -large
Term of office: Three years
Regular Meetings: The Council shall meet at least quarterly and may, at its discretion, establish a
more frequent meeting schedule. Meetings are held at the New Hanover County Planning -and
Inspections Department, 230 Government Center Drive, Suite 110, Wilmington, NC.
Action Creating Council: The County Commissioners established the Council on June 15, 1998.
Membership increased to 8 on July 13, 1998.
Purpose: The Council will provide advice and guidance to the Inspections Department to ensure
consistent, timely, economical, professional, and efficient service as an integral part of the department's
purpose to protect the lives and property of the citizens living in New Hanover County.
Board of Commissioners Meeting
07/12/2010
18 -1 -8
TERM OF OFFICE
CURRENT MEMBERS
CATEGORY
APP2
EXPIRATION
Sam J. Guidry
At -Large
First 8/2/04
7/31/07
414 West Blackbeard Road
Second 7/23/07
7/31/10
Wilmington, NC 28409
■
791- 4749(H) 763- 3155(W) 471- 4721(C)
Rodney Q. Harris
Residential Builder
Unexpired 1/19/10
7/31/10
7422 Fisherman Creek Drive
)
Wilmington, NC 28405
jjjjllj� j4_VA_
452 -1151 ( H ) 313 -2468 (W) 443 -3444 ( C )
David F. Michael
Commercial Builder
First 7/20109
7/31/12
5724 oak Bluff Lane 28409
P.O. Box 4189
Wilmington, NC 28406
350 -0226 (H) 392 -5220 (W)
James Britton Piner
Electrical Contractor
First 7/23/07
7/31/10
5614 Myrtle Grove Road
"
Wilmington, NC 28409
.
799 -3994 (H) 392 -3055 (W) 279 -0848 (C)
Howard Resnik
En i eer
First 7/20/09
7/31/12
3614 Winston Boulevard
Wilmington, NC 28403
798 -1909 (H) 791 -4441 (W)
David Lee Smith, Chairman
At -Large
First 7/12104
7/31/07
905 Saltwood Lane
Second 7/23107
7/31/10
Wilmington, NC 28411
681 -0394 (H) 362 -7148 (W) 520 -6395 (C)
Board of Commissioners Meeting
07/12/2010
18 -1 -8
NEW HANOVER COUNTY INSPECTIONS DEPARTMENT ADVISORY COUNCIL (CONY.)
CURRENT MEMBERS CATEGORY
TERM OF OFFICE
APPOINTMENT EXPIRATION
William C. Tchouros Plumbing Contractor
First 7/24/06
7/31/09
9102 Boothbay Court
Second 7/20/09
7/31/12
Wilmington, NC 28411
- -
686 -2358 (H) 793 -6081 (W) 517 -8161 (C)
James Steele Williams, III Mechanical
First 7/24106
7/31109
5441 Blue clay Road contractor
Second 7/20/09
7/31/12
Castle Hayne, NC 28429
_ 675 -3477 (H) 799 -5564 (W) 443 -5999 (C)
Dennis Bordeaux, Inspections Manager = _ _
- - , - Fi[e: /Inspections
New Hanover County Planning and
B/C #40 -1.10
Inspections Department.
230 Government Center Drive, Suite 110
Wilmington, NC 28403
798 -7175
Revised: 3/1 0/2010
Board of Commissioners Meeting
07/12/2010
18 -1 -9
0 1 / 06/2010 11:43 9103136141 HALE BUILDING CO PAGE 01/01
New Hanover County
B of Commissioners
COMMITTEE APPLICATION
BoardlComrnittee: IDAC Inspections Department Advisory Council
230 Qovexnmeut Center Drive
Suite 175
Wilmingroo, NC 28443
Telepboae: (910) 798 -7149
Fax: (914) 79 - 7145
Name: Rodney 9 . Harris
� aoae
Hem ess: 7 Fiser
hman Creek Drive W ilmington 284
(Street) (city) (tip Code)
Mailing Address If different:
E-Mafl Address: rodney. ' har ri a $ hale building . com
None Phone: 910 -452 -1151 F 910-- 313 -264 Celt: 910-- 443 -3444 Business: 910- 313 -2468
Years Li" ■ " g in
New Hanover County: 32 years Male: . ' Female: Race: whi to 5 a
Age:
(10forW atioa for tke purpose of ass uring o cro sa sectio of the community
Employer Hale Building Company, LLC and H Building Partners, LLC
to pen cps currently employed by the agency or deportment for wbich this appliradon is m moot rea(gs bislbcr posldon *A'th New Hanover C
upon appdiuo tment. lit accardapte with Ardcle V1, Section 4 of the Naw iX asove r C ouaty Person nel Policy.)
Occupation:
Business Development Manager for Commercial and Residential Clients
Professional Activities: Residential Builder since 1992, Opened Hanover Building Partners in 1997
Volunteer Acti0ties: St -Hark School . .
wh do you wisix to serve on this board/colmaittee? I feel I have experience to offer because of my
tenure as a residential builder and now as I am moving into the commercial sector as well
Conflict of interest A s board me moor beli he I She nos a conflict or porentlel c onfl ict of Intorest on a particular Issue. Ghat member should stage thic belief ro Me other
mgm pets of hic /,her rgsp ectiva board d urfng a public m noting, TAe m6mb ar Xft0V1d S WO ih6 nature of t he confi dataitfn0 ffsel his /She has a s ep&tete, private or monetary
IRt9 res1, efther director Indf rect, in the i9svip under consideration. Them e mb e r should then a xcuce hlms air r herself from voting on the matter.
What areas of concern would you like to see addressed by this committee? I have no special areas of concern
but I mould like to see a highly functional department when the market returns.
Qualifications for serving: I have been a partner in a residential construction firm since 1992.
I formed my own Construction compnay in 1997 and work daily with alients its construction.
Other mumlcipid or co unty boards /committees on which you are serving None at this time. I have served
on the Planning Board, several years as Chairman.
List three local personal references and phone numbers:
1. Dan Martin 910-794-
2. Darryl Mille 910 - 350 - 1500
3. Tim Milam 910- 799 -3435
Date: Ja nuary 6, 2010
ApplkatRORS are kept on ble. for 19 ono nth*
Sipature:
se reverse aide far additie)u) comments
Board of Commissioners Meeting
07/12/2010
18 -1 -10
06/25/2010 16:42 FAX 9107945774 Port City Sound
0002
New Hanover County 230 Government Canter Drive
Board of Commissioners COMMITTEE APPUCATION stiito 1 75
Wilmington, NC 28403
Tcicpbaiie: (910) 790-71199
Pax- (910)795 -7145
Board/ NEW HANCVER COUNTY INSPECTIONS DEFARTMNT ADVISORY CO UNCIL A TZ L L
Name: Mike Hayes
Home
Address: 1408 Eng lish Court Wilmington 28411
t5trcc►] (City) (Zip Code)
Mailing Address if different:
E -Mae Address: mike @ Portcitysound. net
Home Phone:
Fo 910 790 5774
Cell: 910 279 0906 Business: 910 790 57
Years Living in
New Hanover County: 5 tears Male: _._ Female: �._ Race: White Age: 0 -
(Infarrnation for the purpose of assuring a icroAA tectloo of the enmmonity)
Employer: P ort City Sound and Securi
to pereon cu rren tl, employed by the agency a r dcpurtmrd t f or which t his application is til0dc, must resign histher poa[tlon with N ew Hanover Cau nly
op on app uintmant, ill accDr daft rr with Article Y1, S ee tioh 4 of the New N onuVer CoUnty Perxnanal Peficy.)
Q coup ation :
Technical Sales
Professional Activities: Member of C'EDIA, Lutron Homeworks Certifie
Volunteer Activities: M ember of Green Building Council, Mmber of Remodelar Council
Why do you wish to serve on this board /committee? The education gained for my field axed providing
education about my field to other men ers_
conlliar of interost, d a board member delloveS ho / she has is COArgo or potential congIct of interest on a particular rzsue, met member SAouid stale flits 601ofto me orhor
members or tits r Air respective botwd pu►iag a pu011c mearinp. The msmbsr. +Aaule ztatc the velure 4I !h9 oaAtllcr, detalNnp that AeleAe hAt separate, private or monotvey
intdlest, Sillier o►row orind►rect, in the Issi►e under consideration. The mempor stiould then exavae hl horxelr from rating on ens matter,
What areos of cnncern would you like to see addre9sed by this committee? LO"'ol tags inspections
Security system and camera system inspections.
Qualifications for serving Id sigh. Specify, and install; security systems, lighting control
sys tems, and audio /video sys teas in the area for now construction pro 5 acts .
Other municipal or county bonrds /committees on which you are serving: N/A„
S83NQiSSIMIg03 jo - 08
List three local perso references and ph numbers:
1, Johny Stoma 910 443 3417
2. Delmar Minchow 910 2 5 901
3 - Brad Stich 914 228 6005
Date: Duna 25 2 010
Applica tie its are kt on li le for i It ma taths
Sign2tlure:
C j
c 1 t 7 tU
Us reverse ride for additional cvmasen to
Board of Commissioners Meeting
07/12/2010
18 -1 -11
New Hanover County
Board of Commissioners
COMMITTEE APPLICATION
Board/Committee: Inspections Department Advisory Council
Name: James Britton Piner
Home
Address: 5 614 Myrtle Grove Road Ni lmi ngton 28409
(Street)
Mailing Address if different:
E -Mail Address:
Ak pt 7 99 -3904
230 Government Center Drive
Suite 175
Wilmington, NC 28403
Telephone: (910) 798 -7149
Fax: (910) 798 -7145
(City)
(Zip Cede)
FoX.. --3055
C O /1- 279-0848
r'�11es: 279 -0848
Years Living in
New Hanover County: 57 Male: Female: Race: white Age: 59
(information for the purpose of assuring a cross section of the community)
Employer: J . B. Piner & Sons Inc. ..._._ —,
(A person currently employed by the agency or department for which this application is made, mast resign his/her position with New Hanover County
upon appointment, in accordance with Article V1, Section 4 of the New Hanover Connty Personnel Policy.)
O ccupation: Bu ilding and Electrical Contractor_ ._.,.__..
Professional Activities: Building Electrical Contracting.
Volunteer Activities:
Why do you wish to serve on this board/committee? I believe it is very important to have input from
contractors on policy and operational issues.
Conflict of Interest l a board member be tie ves he f she has a conflict or potential conflict of interest on a particular issue, that member should state this belief to the other
members of his 1 her respective board during a public meeting. The member should state the nature of the conflict, detailing that helshe has a separate, private or monetary
interest, either direct or indirect, in the issue under consideration. The member should then excuse hims 1 herself from voting on the matter.
What areas of concern would you like to see addressed by this committee? Phone and personnel access issues
Qualifications for serving: Life long resident, building contractor, electrical contractor, property
owner have worked with this department 20 plus years
Other municipal or county boards/committees on which you are serving: none
R
List three local personal references and phone numbers:
,. Thomas Melin 799 -2262 I n 0 a , , n ^�
2 Eric Staton 367 -2517
3 Andy Hardee 392 -7201 NEW HANOVER CO.
Date: Signature:
Applications are kept on Hie for 18 me aths Use reverse side for additional com men is
Board of Commissioners Meeting
07/12/2010
18 -1 -12
New Hanover County 234 G avermnext Center D rive
Board of Commissioners ca TTEE APPLICATION Suit �ma, xc 28403
Telephone: (910) 798 -7149
Fax: (9101799-7145
.NHC Inspections Department Advisory Board
Board/Cornrmfittee.
Name: I A M k, 6 P T
Home
Hom : 1639 Flounder Ln - Wilmington 28409
(Street) (City) (Zip Code)
Mailing Address if different:
E - Mail Address: f roberts @ f rankroberts cons tru coon . can
140me Phwe: 279 -0823 Fox: 799 -0330 Cell: 2 7 9 -08 23 279 -0823
Busrrress:
Years Living to
New Hanover County: Male: f; emale: Race: white Age: 52 1
(b eformadon for ebe purpose of assuring a crass section of the community)
Employer: Frank Roberts Construction Cc - , I
(A pars crrrently empl eye d by the agency or depsrlmeat for whicb Ibis app6cotioa is made, must resilln histhtr position with New Eltoover Carety
upon app ointmtot, is &ccardsage with Artkk V1, See flois 4 of the blew Hano►erCousty Persouaei Potigr.)
Occupation: Residetial Building Contractor
Professional Activities: Home B uilders Assoc . , Affordable Housing Coalition, Homeless Council
volunteer Activities: NBC v eterans Council. Homeless Standdown, FRA, RCA, DAV, VFW, AL, ESM
Why do you wish to serve on this boardlcomm►ttee? To represent the builders of this County to provide
"best practice" _ -- mm endations an mi solut between beaurocracy and customer.
c at Into resr f s board member believes he / she Aas a ccnfAct or potent coo OdctvI interaat on ■ psrtiicvPar issue, runt member a h e uid state this beiiefto the NAst
members at f l her respective board during a public meeting. The m should state Ifte nature of the CanfliCt, detailing that helshe has a separate, private or monetary
interest. eithsr dire ct or Indirect, M ft issue under consideration. the member should then excuse him s off Iherself from ra fin 0 on the matter
What areas of concern would you like to see addressed by this committee? The priority of inspe s
by inspectors: ie : Footing inspections and finals should be given priority over others.
Qualifications for serving: Builder for 13 years with 50+ builds.
years service. Leadership roles in several organizations. Green Builder, Lead Certified.
Other municipal or county boards/committees on which you are serving: N one at this time.
List three local personal references and phone numbers:
1. Bill Caster W: 798-7149
JAN 2 8 2010 LU
26 Mike Ctelsberg W 431 -6125
W NaNOvER CO
BD. Of COM
3• Joe Stanley C: 512 -5687
Date: June 26, 2010 Signature:
Applications s re kepi ■a f It fer 18 ra aths Use D erne side for additional case men is
Retired military Officer of 28
Board of Commissioners Meeting
07/12/2010
L - d 099066L0 � 6 18-1-13 oijonjIsuoo sjiago�j � uej_� eZC; SO 0 � 9Z unf
New Hanover County 2 31) Government Center ❑ri%e
Board of Commissioners COMMITTEE APPLICATION Suite 15
Wilmington. NC 28403
Telephone (910 798 -7149
Fa\ (910) 798-7145
Board /Committee: Inspections Department Advisory Council L 5 k ct LL j er -
Name David Lee Smith
Home
Address: D. Smith, Builder Wilmington, NC 28411
(Street) Wit f (Zip ('ode)
Mailing Address if different:
E - Maid Address: dsmithl6 @earthlink . net
N ome Phone 910- 681 -0394 Fax: 910 - 681 -0165 Ce 910 -520 -6395 Busine 9 10 -520 -6395
Years Living in
New Hanover County: 36 Male: Female: Race: White Age: 64
(Information for the purpose of assuring a cross section of the community)
Employer: Se if Employed
(A person currently employed by the agency or department for which this application is made, must resign his/her position with New Hanover County
upon appointment, in accordance with Article V I, See tion 4 of the Ne" H anover ('ounty Personnel Policy,)
Occupation:
Builder
Professional Activities: NC Building Code Council, HBA
Volunteer Activities: IDAC , NC Building Code Council,
Why do you wish to serve on this boa rd /com mittee? To update the committee with info from the NCBCC .
Continue working with the committee to discuss changes to the state codes.
Conflict of Interest If a board member believes he / she has a conflict or potential conflict of interest on a particular issue that member should state this belief to the other
mem hers of his / her respective board during a public m eeting The m ember should state the nature of the conflict detailing that helshe has a separate, private or monetary
interest, either direct or indirect in the issue under consideration The member should then excuse himself / herself from voting on the matter
What areas of concern would you like to see addressed by this committee? Financial status of planning and
inspections, developmental services, department changes, continuing education
Qualifications for serving: B uilding experience 25+ years, education
Other municipal or county boa rds /committees on which you are serving: None
List three local personal references and phone numbers:
1. Donna Girardot 910- 799 -2611
2. Chris O'Keefe 910-798-7164
3. Hiram Williams 910- 328 -1404
Hate: June 24, 2 010
Applications are kept on file for IS months
Signature:
H
NEW �1 iNnitFR C,0
[Ise re- side for additional cam ments
Board of Commissioners Meeting
07/12/2010
18 -1 -14
New Hanover County
Board of Commissioners
Board /Committee:
Name:
Home
Address:
COMMITTEE APPLICATION
230 Government Center Drive
Suite 175
Wilmington, NC 28403
Telephone: (91 798 -7149
Fax: (910) 798 -7145
(Street)
(Zip Code)
Mailing Address if different:
E -Mail Address: ��f/��i
Home Phone: /� ��7' �c�'� Fax: Cell: 40 �W� 121 �; rftsiness:
Years Living in
Male. Female. � Race. Age:
New Hanover County. � �/ g
(Information for the purpose of assuring a ss se tion of the community)
Employer: � ��I►e� � �-�-- f � �i� �-- ��4n��Q C j� �
(A person currently employed by the agency or department for which this application is made, riust r sign his/her position with New Hanover County
upon appointment, in accordance with Article VI, Section 4 of the New Hano County Personnel Policy.)
-')
Occupation:
Professional Activities:
Volunteer Activities: HAI,-?
r eje / Vlahlx /V
wish to serve on this board /committee? ,
Why do you 5 �
w
4
r r s!I )
O
Conflict of Interest: If a board member believes he / she has a c flrct or potential conflict of interest on a ticular issue, that members uld state this beliefto the other •
members of his /her respective board during a public meeting. The member should state the nature of the r onflict, detailing that helshe has a separate, private or monetary
interest, either direct or indirect, in the issue under con sideration. The m emb er should then excus a hims elf / herself from voting on the ma tier.
4r
What areas of concern would you like to see addressed by this committee? ?TJ
List thre local personal references and phone numbers:
2. CZtj � 9�0
I &tel /
a
Date: l� �� Signature;
Y plicat#s are kept on file for 18 months
E Gr EP � W rc-.
NEW HA NOVER CO
Use rev rsgs�de for additional comments
Board of Commissioners Meeting
07/12/2010
18 -1 -15
Qualifications for serving:'
n
�r
t
3
S
Board of Commissioners Meeting
07/12/2010
18 -1 -16
COMMITTEE APPOINTMENTS
PLANNING BOARD
3 VACANCIES (3 -Year Terms expiring 7/31/2013)
APPLICANTS:
Troy Barboza
Tamara carter
James D. A. "Jim" Felds
Lori Harris
Mark T. Imperial
Susan Keelin
Todd King
Lisa Mesler
Tara Schwenzfeier Murphy
Scott P. Ogden
David Pryse Thomas, Jr.
Jeff Thompson
Byron R. Toothman III
Attachments: Committee Information Sheets
Applications
ELIGIBLE FOR
REAPPOINTME
Board of Commissioners Meeting
07/12/2010
18 -1 -17
NEW HANOVER COUNTY PLANNING BOARD
Number of Members: 7
Term of office: Three years
Compensation: $20.00 per meeting
Regular Meetings: First Thursday of each month at 5:30 p.m. in the Assembly Room of the
New Hanover County Courthouse, 24 North Third Street, Wilmington, NC.
Statute or cause creating Board: N. C. General Statutes 153A -321. New Hanover County
Ordinance and Resolution establishing Planning Board dated September 2, 1 980, for the purpose
of planning and making recommendations in order that the elected and appointed officials of the
County may competently perform their duties.
Brief on the functions: Make studies of the County and surrounding areas; determine
objectives to be sought in the development of the study area; prepare and adopt plans for
achieving these objectives; develop and recommend policies, ordinances, administrative
procedures, and other means for carrying out plans in a coordinated and efficient manner; advise
the Board of Commissioners concerning the use and amendment of means of carrying out plans;
exercise any functions in the administration and enforcement of various means for carrying out
plans that the Board of Commissioners may direct; perform any other related duties that the
Board of Commissioners may direct. Much of the Board's time is consumed with Land Use
Planning, Zoning, and Growth Management Issues.
CURRENT MEMBERS
TERM OF OFFICE
APPOINTMENT
EXPIRATION
Richard M. Collier, Vice - Chairman
Unexpired 5/21/07
7/31/09
3708 Needle Sound Way
First 7/20/09
7/31/12
Wilmington, NC 28409 -2829
790 -5769 (H) 520 -7754 (W)
Sue Y. Hayes
First 8/2/04
7/31/07
213 Quilon Circle
Second 7/23/07
7/31/10
Wilmington, NC 28412
799 -5722 (H)
C. Andrew (Andy) Heath, Jr.
First 7/21/08
7/31/11
3513 Aster Court
Wilmington, NC 28409
790 -4580 (H) 799 -8181 (W)
Melissa Gott Johnson
First 7/24/06
7/31/09
602 Chestnut Street
Second 7/20/09
7/31/12
Wilmington, NC 28401
547 -8050 (H) 251 -6088 (W)
Sandra L. Spiers
First 7/12/04
7/31/07
5020 Crown Point Lane
Second 7/23/07
7/31/10
Wilmington, NC 28409
395 -4747 (H) 772 -8813 (W)
Board of Commissioners Meeting
07/12/2010
18 -1 -18
NEW HANOVER COUNTY PLANNING BOARD (CONY.)
-7
Revised 12/18/2009
Board of Commissioners Meeting
07/12/2010
18 -1 -19
TERM OF OFFICE
CURRENT MEMBERS
APPOINTMENT
EXPIRATION
James W. Willi ,III, Chairma �
First 7/24/06
7/31/09
1009 Man ilia Court �
Second 7/20/09
7/31/12
Wil on, NC 28409
-2326 (H) 772 -5490 (W) (p � Z-� to
Kenneth F. Wrangell
First 7/11/05
7/31/08
108 -A S. Kerr Avenue
Second 7/21/08
7/31/11
Wilmington, NC 28403
632 -9136 (H) 794 -8704 (W)
Director: Chris O'Keefe
File: /Planning
Planning &Inspections Department
B/C #24- 7.09
230 Government Center Drive, Suite 150
Wilmington, NC 28403
1. 798-7165
Revised 12/18/2009
Board of Commissioners Meeting
07/12/2010
18 -1 -19
New Hanover County
Board of Commissioners
230 Government Center Drive
COMMITTEE APPLICATION Suite 175
Wilmington, NC 28403
Telephone: (910) 798 -7149
I
Fax: (910) 798 -7145
Boa rd/Com nlittee: zxo-c?
Name: I
Home I _
.d -2 -a U
Address: " 9 a,, ��
s
(Street) (City) (Zip Code)
Mailing Address if different:
10- "Zae
Home Plane: %G3 - 7'9G°C�67 Fax:
Ce(l:Q,V-,?X, -U.:TU? /Business:
Years Living in
New Hanover County: Male: Female: w j Race: r 1
Age.
(Information for the purpose of assuring a cross section of the community)
Employer: F �
(A person cu rren tly employed by the agency o r de partmen t for wlAch this app lication is made, must resign his/her position w i th N ew Hanover C ounty
upon appointment, in accordance with Article VI, Section 4 of the New Hanover County Personnel Policy.)
I
Occupation:
Professional Activities: �O/" o� L
C ATo IMme Pe-rOrmax-Xe
Volunteer Activities: _V"5 0 C
Why do you wish to serve on this board/committee? �o .Serve �e 41C ZON(/ 11
Conflict of Interest 9 a board member believes he / she has a confect or potential conflict of interest on a particular issue, that inember should state this belief to the other
members of his / her respective board during a public meeting. The member should state the nature of the conflict, detailing that he /she has a separate, private or monetary
interest, either direct or indirect, in the issue under consideration. The member should then excuse himself / herself from voting on the matter.
0 What areas of concern would you like to see addressed by this committee? Iijjvp _ L �.G•,�t Lla�
I L I 1 f�
IF
Qualifications for serving: I `4'
C'reo"u So, 1 er�
Other municipal or county boards /committees on which you are serving:
F-�-n � U rc- .
List three local personal references and phone numbers: I I 1 I
JUN 2 5 2010
1 !0 _ 67
2. LA..) (2 // _ n � r
3.
Date: Signature:
Applications are kept on file for 18 months Use porerse side for additional comments
Board of Commissioners Meeting
07/12/2010
18 -1 -20
New Hanover County
Board of Commissioners
Board /Committee: pl anning Board
Name: Tamara Ca
Home
Address: 5105 Exton Park Loop
28429
(Street) (City) (Zip Code)
Mailing Address if different:
E -Mail Address: tamara.v.carter@cjmail.com
Horne Phone: (910) 523 -4011 Fox. Cell: (910) 616 -5776 Business: (910) 251 -4048
Years Living in
New Hanover County: 21 Male: Female: Race: bla ck Age: 25
(Information for the purpose of assuring a cross section of the community)
Employer: VS Army Co rps of Engineers, Wilmington District
(A person currently employed by the agency or department for which this application is made, must resign his/her position with New Hanover County
upon appointment, in accordance with Article Vl, Section 4 of the New Hanover County Personnel Policy.)
Occupation:
civil engineer
Professional Activities secretary/ treasurer - ASCE Coastal Branch
COMMITTEE APPLICATION
230 Government Center Drive
Suite 175
Wilmington, NC 28403
Telephone: (910) 798 -7149
Fax: (910) 798 -7145
Volunteer Activities: Meals on Wheals
Why do you wish to serve on this board/committee? I woul lik to serve my community and be provided
the opportunity to help make decisions regardi t h e gro wth of New Hanover County.
Conflict of Interest. fa board member believes he / she has a conflict or potential conflict of interest on a particular issue, that member should state this be lief to the other
mem bars of his I her respective board during a public m eeting. The member should state the nature of the conflict, detailing that helshe has a separate, private or monetary
interest, either direct or indirect, in the issue under Con sideration. The member should then excuse h►mseif / herself from voting on the matter.
What areas of concern would you like to see addressed by this committee? I would like to see the
redevelopment of Castle Hayne and other outlying areas addressed by this committee.
Qualifications for serving: I have lived in Wilmington for most of my life and am familiar with
zoning districts. I worked in planning and land development for a local engineering firm.
Other municipal or county boards /committees on which you are serving:
List three local personal references and phone numbers:
L Jonathan Barfield, (910)233 -8780
2. Richard Collier, (910)343-1048
36 Lee Danley, (910) 251 -4562
-�2
JUN ' 2 8 201p rl
NEV; HANOVER CO
BD OF COM
Date: June 23 , 2010
Applications are kept on file for 19 months
Castle Hayne
Signature:
Board of Commissioners Meeting
07/12/2010
18 -1 -21
J
Use reverse side for additional com men is
6-- 10 -1❑; 8:21AM;FOCUSTAR MORTGAGE
New Hanover County
Board of Commissioners
;9107991925 # 1/ 1
230 Government Center Drive
COMMITTEE APPLICATION Suite 175
Wilmington, NC 28403
Telephone: (910) 798 -7149
Fax: (914) 798 -7145
Board /Committee: Planning Board
Name: James D • A. "Jim" Felds
Home
Address: 5309 Cle R Drive Wilmington 28403
(S(reet) (City) (Zip Code)
Mailing Address if different:
E Mai] Address: Jim@FocustarCapital.com
.910 -790 -5566 .910- 796 -1956 .910 -352 -7119
Nome Pfl�ar�e. I�ax. Cell Business. Comm /Govt Fin
Years Living in
New Hanover County. 18 Male: Female: Race: White Age: 59
(inform ation for the purpose of assuring a cross section of the community)
Employer Focus tar Capital Group, LLC
(A person currently employed by the agency or department for which this application is made, must resign his/her position with New Hanover County
upon appointment, in accordance with Article VI, Section 4 of the New Hanover Connty Personnel Policy.)
Occupation Managing Principal
Professional Activities: Member - Banking Committee, Brunswick County - EDC
Volunteer Activities Past President, B 1 nai Israel Congregation
Why do you wish to serve on this board /committee? The future plans adopted will be super influential
on community growth and attractiveness to its current and future citizenry.
Conflict of Interest. ff aboard member believes he / she has a conflict or potential conflict of Interest on a particular issue, that member should state this belief to the other
members of his / her respective board during a public meeting. The member should state the nature of the conflict, detailing that helshe has a separate, private or monetary
interest, either director indirect. in Me issue under consideration. The member should then excuse himself 1 herself from voting on the matter.
What areas of concern would you like to see addressed by this committee? Sustainability of the beaches,
waterways, growth of ree facilities,the development of the North Side, and finances!
Qualifications for serving: Experience in residential, commercial, & most recently gov I t finance.
Lifelong entrepreneur. Understanding of development and required capitalization.
Other municipal or county boards /committees on which you are serving: none
rode
List throe local personal references and phone numbers: �l � U I
1. JUN 1 0 2010
Joel Tomasolli (910) 367 -1590 u
2. Jon Vincent (910) 256 -0101 NEW HAwVER CO
3. Walt Conlogue (910) 262- -5507
Date: (I I ldh o S -1 5 Applications are kept on file for 19 months
Board of Commissioners Meeting
07/12/2010
18 - I - 22
Use revs side for additional comments
06/27/2010 23:14 9104531533 HARRIS PAGE 01
New Hanover County 2 30 Gov erwtaeet Coatcr DfI e
Commissioners COMMITTEE APPLICATION suito 175
3oSr't� fl Wilmington. NC 2 34 03
Tekepkous: (9 t 0 799-7149
RAx: (910) 798 -7145
BeardJCommWee: New Rat Co=ty P laming Board
Name; Lori Harris
H
�e
`e
.s 301 311vr Sloop Wy C &r011n& Bradt r WC 28 4 2 a
(stsoet) (City) (Zip Code
Mailing Addr if di'ferest:
B -Ma Add rsas: Ihar r.is2OO6@yahoo.com
H ome P#we: 910 45 8 1533 F ax: Ce41: 910 409 0202 Buskwss:
Years Liviag ig
Now a rver has 5 male: Female: � Race: Caucasian Ate: 4 �
(lnfgwm atian fee' t%e parpoee or assuring a cre ss *ectie a of tm cem umm ity)
Employer: X*w York Tress ! Star hews Media
(A person curreelty emphyed by the ag**cy or daPartsaeat for w1hich tkis applicathw is Mmk, awst resign kistker posies with Now Haaorer County
up appointment,, in acc widb Article V1, Settloe 4 of The New 11amever County 1'erse"ne1 raNtY.)
oomp n _ Whrketing
Pr al Activitks: Project Mann nt Institute; professional HarkoUng Association
Volkmteer Activities: Rotary; optimist of the Port City., Cape Fear Garden. Club Inc.
Wh y do you wish to strive an t his board/committee? Desire to help interpret and p rovide application
of the New mover County ordinances as adopted by the r County Coe sslon .
cent of breraear d a hoard mooeber b000vea he / she has a aonffiCt of peleabSl canfCfct of iatrres on a particular issue. Nr&t wombrr shcow stair this befiefto se other
mom hers of his / her mop ective board dvftg a public m owing. The w ember sho uid state th *&lure of the cwifict, det"W9 that he/she has a sopaage, private or #"*,rotary
inmrast. eilleer direct iedinsct, in is"& under c"sWeraMw rtes momber sAcold then excuse himsetf! harseo f m vo#mp on the matter.
What areas of concern would you Kke to see addressed by this com mittee7 Qus.l i ty D*v'a]- ap.wen t ; Deal thy and _.
Sustainable Comaun i ty; Accountability toward Now Hanovor County ordinances:.
Q uafi ficatWas fo r servft: 'a- organ3 zat iarlal Devol o ft and $u *lnos s Management; 1?roj ect
t Certification; Prior economic devolopment s orvice and volunteer work
Other ®f�a�ei i or cox bosrdslcom �aitte� on which you a re serving:
2006 -2007 l Syr �o�e3.essssne.ss 3�lanning
Pm
Committee; Greater Antelope Valley Zconoalc Alliance; I 14
PJ i t
Lint three W cA Personal referetaces and pho10 n a ahers:
i. Dave Spetrino 914 7 876 W9
a. Cr aig Stevens 910 794 8699
R �
3. Ashley N&ller 910 538 9270 - � D. C S1
Dtte: June 2 201
Applications are kept oa *4 for It a nths Use rev arse see far addittewgi cave men is
Board of Commissioners Meeting
07/12/2010
18 -1 -23
New Hanover County
Board of Commissioners COMMITTEE APPLICATION
%ard/Committee: Now Hanover County Planning Board
Name: Mark T. Imperial
Home
Address 4 Do wers Circle Wilmington
(Street)
Mailing Address if different:
F - Mali Address: imperlalm@uncw. . edu
Home Phone: 910 - 313 -2688 f ax:
Years Living in
1'
Cell: 910-- 431 -2096 Business: 910 -962 -7928
New Hanover County: 9 Male: _ 0 ' Female: . Race: White Age: 4 2
(Iaform ation for the purpose of assarIng a crass section of the com mrnity)
Employer: University of North Carolina Wllsoi ngton
(A person currently employed by the agency a departmeat for which this application is mode, most resign his/her position with Now Hanover County
upon appoiatmoat, in accordance with Artkle VI, Section 4 of the New Hanover County Personnel Policy.)
Occupation:
Professor
Professional Activities: MPA program director, professor, local land use planning consulting work
Volunteer Activities Coalition member, Lower Cape Fear Stewardship Development Award Program
Why do you wish to serve on this board/committee? I worked as an analyst in an coastal nqt , agency
in RI and developed C AM plans locally. I feel my expertise would benefit the board
Conflict of Interest y aboard member believes he I she has a confffct or potential conflict of interest on a particular issue, !hat member should suit this belief to Mo other
members of his respective board during a public meeting. 7'he member should state the nature of the conflict, detailing that he/she has as operate, private or monetary
Interest, either director indirect, in the issue under consideration. The member should then excuse himself 1herself from voting on the ma tter.
What areas of concern would you like to see addressed by this committee? continue to try and blanace the
need for econ . development while advancing our quality of lif ■ and protecting the envt .
Qualifications for serving: 3 years as envirorAwntal policy analys with RI CRW develop" CAM
Plans for 3 beach ca1 - mnitles , other local government consulting, Ph.D. in Public Ad m.
Other municipal or county boards /committees on which you are serving Non . I am a Coalition member of
T
the Loner Gape Pear Stewardship Development Award Program and � C a
List three local personal references and phone numbers: III l I I JUN 2 8 2010
i+ Shawn Ralston, Senior Enviroraaental Planner, NBC 798 -7444
2. Burl Sheridan, Dept. of Public and International Affairs., UN4', 91fl -4f ��.Q)0 C O
3. Roger Lowery, Chair, Dept. of Public and International Affairs, UNG'W, 910 - 962 -3220
Date: Julia 28, 2 410
Applications are kept on file for IS months
Signature:
(City)
230 Government Center Drive
Suite 175
Wilmington, NC 28403
Telephone: (910) 798 -7149
Fax: (910) 798 -7145
28409
(Z ip Code)
Use rev ors* side for additional con men is
Board of Commissioners Meeting
07/12/2010
18 -1 -24
05113/2010 16:13 9102564036 PRUDENTIAL CRES PAGE 01
New Hanover County
Board of Commissioners
CONMUTFEE APPLICAT ON
230 Government Ceetcr Drive
Spite 175
Wilmm' swn, NC 2$4(03
Telophono: (910) 799 -7149
Fax; (910) 798 -7115
Board/Con aditee: s4&w Hanover co unty Plan ing B oard
Name: Susan Keelam
Hone
Address: 1315 ,Tohn' a Cree Road Wilmi.ng ton , NC 28409
(Street) (City) (Zip Code)
Mailing Adder if difierentr
E-Mr& Address: euoankeeling aproduetiveapproach , coin
Home Phone: 910.7 9 . l 3 72 Fair: 910.2 Q B . 21.3 5 C 910. D 9.54 3 3 Business: 910. 0 8.2141
Years LMag in
g .
New Hanover County: 18 Neale: _ 'Female: *'_ 'Race: eta A.
(In form atiAb for the pur►OAc of wgxwriar it ere an section of dw aom=anity)
Employer: self - A productive roach
(A perses ev irrea dy emplO re 4 by the ■p eMty or depar "N" t ter Whicb this applicetwo Is made, WoAt re me" riser pas ;Mow with New Hanover C eenty
wpm ■ppointment, in aecordawee wit] Artitle Vi, Section 4 of ae New H asever Cownty pervnnnel rotky.)
oc"Pati0n: ,httorney r Facilitator, Mediator
Professional Activities: see attached
Volunteer ActMfies; see attached
Why do you wish to sere an this board/committee? To use my talents and experiences for the good of
the Q*mwii t I l iv e in, Because I b iey LA Ptb li c s ezvi rft and v01U nteeri am .
Conflict of fturoet re boom member beAbMps h4 ■ else has a conrycI or polBOW evnpict of ieler t on a peri t tar F9sue. thst momeaw anoa►e eta* thb belletto the vthpr
tnombw.t or his !her respective board during v public meeting. The me-mber should a(ste the nature or the conlyet, *waning abet h*4*a has a separate, private or monotvry
l00rp81, either dimes or lndlrect, In me issue uOdor COnSideretion. The m eme er should then dxoyse mmseir l 1lem+ell Rom rvtlqg on the molter.
Whet areas of coricern would you like to see addressed by this conimitt ? To ensure that board members are
real - informed, thoughtful and deliberative before making zeca=e u%tions .
Qualifications for serving: I have lived in Nei Hanover county my ent xe adult life and have spent
my career im seal estate, an a lawyer and come rout broker .
Other municipal or counter boardslemmittew on which you are serving: gone
List three local personal references and phone numbers:
1 ` Wanda Copley 910-352,6838 NEW RANOVER CO
B D OF
2. Ken ShW*liZ 9 1 0. 762.9400
3. abhn Lennon 910.512.5895 i
Mte: May 13 2010 1
Signature:
Applim tiod t are kep t o■ file for 18 me Who 11 Ile rep► . de for add itisasl earn mea 1s
Board of Commissioners Meeting
07/12/2010
18 -1 -25
05/13/2010 16:13 9102564036 PRUDENTIAL GRES PAGE 02
Addendum to
New Hanover County Planning Board Application
From Susan Keelin
May 13, 2010
Professional Activities:
North Carolina State Bar
North Carolina Bar Association
Dispute Resolution Section, NC Bar Association
Certified Mediator, Nortb Carolina Dispute Resolution Commission
Real Estate Broker, North Carolina Real Estate Commission
Southeast Association of Facilitators .
WftixWton Chamber of Commerce
Volunteer Activities:
Pine V aii ey United Methodist Church, member
Pine Valley United Methodist Church, Education Committee
.lob's Creek Homeowners Association, Board of Directors/Secretary
North Carolina Azalea Festival at Wilmington, legal counsel
Cape Fear Literacy Council, past director
Wflmington Rotary Club, past member
Board of Commissioners Meeting
07/12/2010
18 -1 -26
New Hanover County 230 Gove rnment Center Drive
Board of Commissioners COMMITTEE APPLICATION Suite 17 Wilm ro 28403
Telephone: (910) 798 -7149
Fax: (914) 798 -7145
Board/Committee: NHC pl anning Board
Name: Todd King
Home
Address: 6 19 Or Street
(Street) (City) (Zip Code)
Mailing Address if different:
E- Address: tkingnc@yahoo.com
Nome Phone: ( 9 10) 540-1915 Fax: ( 9 10) 2 5 6 - 0 0 lZ Cell: ( 910 ) 540-1915 Business:
Years Living in
New Hanover County: 18 Yr s Male: Female: _______ Race: C aucasian Age: 4 2
(Information for the purpose of assuring a cro :s section of the community)
Employer: Pervious Solutions LLC
(A person currently employed by the agency or department for which this application is made, must resign his/her position with New Hanover County
op on appointment, in accordance with Article V1, Section 4 of the New Hanover County Pers onnel Policy.)
Oocupation: Environmental Paving Contractor
Professional Activities: PLS , LEED AP BD &C , NCDENR BMP I &M, CRMCA, NRMCA
Volunteer Activities: CFGBA Advisor
Why do you wish to serve on this board/committee? To share my cooperative spirit and knowledge of
planning /development to c a mor c b oard for t h e benefit of New Hanover Co.
Conftkt of Interest I a board member believes he / she has a conflict or potential conflict of interest on a particular issue, that member should state this belie fto the other
members of his / her respective board during a public meeting. The member should state the nature of the conflict, detailing that he/she has a separate, private or monetary
interest, either direct or indirect, in the issue under consideration. The member should then excuse himself / herself from voting on the matter.
What areas of concern would you like to see addressed by this committee? Minimized the environmental adverse
impact of conventional development through proper planning.
Qualificat for serving: 12+ Years in the Civil Engineering /Land Su mom
promoting 'Green Building' technologies D) t
Other municipal or county boards /committees on which you are serving: None 2 5 2 01 0
NEW HANOVFR C
List three local personal references and phone nu- tubers: 6D, OF C O �J M f S S I D N E R 5
,.Joy Allen - Executive Director for the Cape Fear Green Building Alliance (910) 470 -5697
2 . Wright Holman - Holman & Lackey Construction (910) 256 -4209
3. John Klien - Wrightsville Engineering Services (910) 599 -1188
Date: June 2 5, 2 010 Signature:
Applications are kept on file for 18 months Use reverse sid or additional comments
Board of Commissioners Meeting
07/12/2010
18 -1 -27
JUN-28-2010 11:38AM WENS FARGO 910 ?92 7781
N0 0244 P. i
New Hanover County 230 Q overt3agat Center Drivv
Board of Commissioners COMMITTE E APPLICATION Suitc 175
Wilmingma, NC 28
Telephono: (910) 796 -7149
Fax: (910) 795 -7145
Board /C ommittee: New Hanaver County Planning Board
Name; Lisa Mosier
Rome
Address,@ 4825 Castleboro Court Wilmington NC 28411
(Street) (City) (Zip Code)
Mailing Address if different.-
F. NUR Address: lisa . =ogler@ well sf argo . cam
H ome Phone 910- 29 7 - Pax: e66- 268 -343Z CO., 91 - 297 -2171 Business: 910 --79 -3903
Years livi�ng in
New Hanov County: 8 Male! � Female: Mace: Caucasian Acre! 32
(Infbrmatiaa for &a purpose eCnssuring a erass section of the community)
employer; Wells Fargo Name Mortgage
(A person curreutly employed by the agency or deparimtn c ter which this epplicAtion 3s made, must resign his/her position with Ncw AoAgver Courtty
Upon nppasntmen1, ih at9ordapcc wit Article VI, S cctien v of the NcW Hnnever Councy Personacl Vahey.)
ompatjon: Branch Sales Manager, Wilmington - Leland
Professional Activities; WRM , Pr ofessional Deve lopment Commi HBA -Sales & Marketing Executive
Volunteer Activities: participates in fundraising events -Hospice, Leukemia , March of Dimes , YWCA
Q4oin -
Why do you wish to serve on this boa rdlcommittec? I^ Jon 4-0 A.W
a. I % i
am 2!kd -Ae
t snipe of ktorast r a ❑oars mombet be,,Arvas he I she has a confict of 00161jual co lct at interest on a p rticular istue, m St dhoum state this aelief to the over
room bers or his/her respective board 06np a public m scUnp. Th e member ShOuld atste the nature of the conflict, doWling that helshe has a sepereie, prJrate or monetary
Interest, oit drrec[ or MCNM t, hi th Issue uncf*r cnn sfde r90on, The m emeer shavld (he excuse himself I herself rrom volinq on the ms tier,
7Lj-b .• b r► - ..
What areas of concern Would you like to see addressed by this Committee? ,Wi D
T4 „ o
670i,4 M" a. A4 e p Ag qA:0r4 j0 gy C44, ,A- yot& 4 4 6 .4* Q0"6( 644 C40
Qua for serving:
Otber muniapal or county boa rds /Com on whi you are serving; N/A
JUN 2 i
S 201
List three local personal references and phone numbers:
1 Randy Tomsic, Wachovia Market President -- Business Banking Direc r 910 -14Z -20710. 3 ){
2. David Barnes, Area Manager, Wells Fargo Home Mortgage, 910- 409 -1567
3. Donna Giradot, Executive Officer, Wil mington Cape Fear HBA6, 9 799 - 2611
Date: rte 26, 2010
Signature: Z7 L&4�M
Aprlltatiow are kept on fie for l$ mboths Use, reverse aide for additional comme
Board of Commissioners Meeting
07/12/2010
18 -1 -28
New Hanover County
Board of Commissioners
Board/Committee: F 1
Naive:
Home
Address:
( Street)
COMMITTEE APPLICATION
yl a
i
(City) r
N c 2
(Zip Code)
Mailing Address if different:
E -Mail Address: ea r ico
Home Phone. C_-3 Fax: Celt: q1Q. b12. ` 6 31 Business:
.. _..—
Years Living in
New Hanover County: Male: Female: Race: _ �p Lt � C Age:
(Information for the purpose of assuring a cross section of the community)
Employer :�
(A pers on cu rren tly employe d by the a enc eor epar tmen t for w ich this app licative made, mast re sign hisfh osition with New Hanover County
upon appointment, ie accordance with Ar tic , Section 4 of the New Hanover County Personnel Policy.)
occupation: Land Pi o11n 1'?e r
Professional Activities: 0
oa5k24
Volunteer Activities: VU i 1byA+0
1 1
�j I U f�y
Why do you wish to serve on this board/committee? eve mA 1A.t rA1
V I co M M LM L)e:!!,
&Auy,-�&n fill
f
Conflict of kterest if a boc4d membA believes he /she has a conffct or pv rttia confl of interest a pa issue, that member should state this iefto the oby
members of his/ her respective board during a public meeting. The member should state the nature of the conflict, detailing that helshe has a separa pri a or monetary
interest, either direct or indirect, in lire issue under consideration_ The member should then excuse himself I herself from voting on the matter. .
What areas of concern would you like to see addressed by this committee? ine' `r
mH6olo
� D *V, a(�[ I � r
Qualifications for serving:
Other aL
L�;Ny) n 1 0 3 C3 �
ors i n _ i
J NG. 1 I avL �n�
three e local personal refer and numbers: e nambe:
�. M=, Mrla�hiG
cn()k �JIl7 59q 337 a ' 4
r (o57
3. Ms. T�vru - 711 9l0 . 270. )
Date: 4
Applications a ept on Sin for l8 month
230 Government Center Drive
Suite 175
Wilmingwn, NC 28403
Telephone: (910) 798 -7149
Fax: (910) 798 -7145
Signature:
Use reve side for additions CAME
I (i
N E WWA WAWCC
ArI of 1F AA1A+QNr)t1roc
L
a
'A�Y:: ' a:.L'y. R
Tara S. Murphy
Land Planning and Design, PLLC
Tara Schwenzfeier, RLAMEED AP
Land Planner I Project Manager
Tara has over 18 years of Landscape Architectural and Land Planning experience in the state of North
Carolina. Prior to forming Tara S. Murphy Land Planning and Design, PLLC, Tara spent 12 years with
Cline Design Associates, PA as both Principal and Owner, 5 years with Jerry Turner and Associates,
nc, a nd was the Town of Garner, NC's U rba n Desig n Special ist for a yea r. Tara's experience g ives
her a strong understanding of design, rezoning issues and approval process facilitation. She is
passionate about creating projects that are successful for the Client and the overall community. A
former member of the City of Raleigh's Appearance Commission, Tara is currently serving her second
term on the City of Wilmington Tree Commission and is a member of the North Carolina Board of
Landscape Architects Continuing Education Advisory Committee.
Licensing
North Carolina #989
Education
SUNY College of Environmental Science
and Forestry at Syracuse University
Bachelor of Landscape Architecture 1992
Affiliations
American Society of Landscape Architects
NCASLA
USGBC
Coastal Carolina Tomorrow
Cape Fear Green Building Alliance
Wilmington Tree Commission
MN�TIM6�►e1Rt- pLLM�plPH�l Rd'QI d�Pi'A'.b,O W.W.RMA h+ fYnYM�YR .h'�•',.��.�i�f'��Wb�MAIEA[tl A' IA'
PPD
Wilmington, NC - Office + Parking Structure - 9 ac - 400,000 sf - Built
Senior Planning Project Manager for this clinical research organization's global head-
quarters located on an 7.5 acre Brownfields site adjacent to the Cape Fear River. A 1200
space parking structure was positioned on an adjacent 1.5 ac piece of property.
Bank of America
Wilmington, NC - Urban Infill - Mixed Use - <1 ac - 60,440 sf - Built
Senior Planning Project Manager for the development of a 5 -story building in Down-
town Wilmington. Led the development through the City of Wilmington's Technical
Review Process and secured construction release.
Masonboro Baptist Church i
Wilmington, NC - Expansion - Institutional - 11 ac
Senior Planning Project Manager for this Master Plan of the Masonboro Baptist Church
property. The design provides for an overall campus like setting, creating a friendly,
safe and walkable environment.The Master Plan includes: a new Family Life Center,
improved drop -off and parking areas and an interactive outdoor environment.
Autumn Hall
Wilmington, NC - Master Planning and Rezoning
Senior Planning Project Manager for this mixed use development. Provided an overall
Master Plan for this 236 acre property and secured Mixed Use zoning from the City of
Wilmington.
.l F ✓ � �: � /
4 �•
Board of Commissioners Meeting
07/12/2010
18 -1 -30
Y t-
Tara S. Murphy
Land Planning and Design, PLLC
Scott's Hill Master Plan k
New Hanover County, NC - Mixed Use •18.5 ac
Senior Planning Project Manager for this multi - building campus. A multi -use path is en-
visioned along HWY 17 designed to serpentine within the existing vegetation, assisting
in tree save efforts. Subsequent to the master planning phase, construction documents
for Building `C' were detailed and permitted through New Hanover County Zoning.
Hudson Mixed Use
Wilmington, NC - Mixed Use - 35 ac
Senior Planning Project Manager for this master plan designed in a town center, neo-
traditional format. The design incorporated the existing building, adding a town center
retail area, medium - density multifamily housing and single- family lots to assist in the
transition to the existing single- family development to the projects'Western boundary.
1001 Military Cutoff Road -
Wilmington, NC - Office - 4 ac - 75,000 sf - Built
Senior Planning Project Manager for this 3 -story class A office building located op-
posite the main entrance to Mayfaire. A full service bank with three drive thru lanes,
an ATM lane and pass area exist on the ground floor. Extensive landscape plans were
designed and each entrance is highlighted by a water feature and plaza area.
Crescent State Bank
Holly Springs + Wilmington, NC - Corporate - 1 -2 ac - 3,500 sf - Built
Planning Project Manager for this single -story prototype branch bank at the Holly
Springs location. Senior Planning Project Manager for the Wilmington Branch. Land-
scaping and site details were used to integrate the new building into the existing design
palette of Barclay Commons.
The View on Water Street
Wilmington, NC - Urban Infill - Mixed Use - <1 ac - 188,000 sf
Senior Planning Project Manager for the development of an 1 i -story building in Down-
town Wilmington. Led the development through the City of Wilmington's Technical
Review Process and secured construction release.
Peakway Market Square
Apex, NC - Mixed Use - 7.7 ac - Built
Project Manager for this mixed use development of office & retail. The site plan allowed
for maximum visual access from both of the major highways through a creative building
shape and overall layout. The site plan for this project provided for almost 39% of the
overall project land area to be preserved as a resource conservation area.
Pinnacle at Leland Commons
Leland, NC - Multi - Family Residential - 7.5 ac
Senior Planning Project Manager for this affordable housing development of 75 units.
Buildings are clustered in a courtyard style design internal to the property to minimize
impact on the adjoining single family uses. This development was submitted to the
North Carolina Housing Finance Agency for tax credit allocation. This development is
currently in the rezoning process.
C ' C E 4 of C r 1 - `iwi Af 5ocia'. PA
Aw
.�_
Tara S. Murphy Land Planning and Design, PLLC
6107 Dorsett Place Wilmin NC 284031 910.612.4037 1 Tara 1 @ec.rr.com
Board of Commissioners Meeting
07/12/2010
18 -1 -31
JUN- 28-- 2010(MON) 13:49 B & 0 ARCHITECTURE (FAX)910 251 2708 P. 002
New Ha n ovet' County 210 Government Ccnter Drive
Board of Commissione CON[NUTTEE APHICATION Suite 175 Wilt +n7tvn.NC 28 +03
Telephone: (91 t]) 7911-7149
]'&x: (910) 7911-71
Board/Committee: NBC Planning Board
Name. Scott P. Ogden
Hume
Address: 4134 Glen Arbor Drive Wi lmington 2841
(Street)
Mailing Address if different: same
E-Masi Address; scott@b avid -c . not
Hone Phone: N / a - u60 0011 Fox: 910 - 35i - 2708 Cell: 910 - 616 - 2300 Business: 9 10 - 251 - 2707
Years lbing In
N ew Hanover Cvpnty:
Male: Female: _.-J Race Caucasian A ge: 44
(Ialrern snow for the pprpoee of assuring a nose section of the eonzanity)
Employ S + 0 design studio, p llo; 205 Princess St. Wilmington NC 28401
(A person currently employed by the ■=eocy or department for which this applleitio■ is made must reaigo 4lslher positlom with N ew [[■■aver C meaty
open appoWmant.Iw aecordaRee vrith Article Vl, Section 4 of the Now H@never County Personnel Policy.)
O=p :
Architect/Fizz principal
Professional A►edvides: past president AIA Wilmingto Di ect or-w AT NC State Board.
Yolnnteer Aefivities,
P a a t Board membe a s CfGaA; =DC board ; CFYS (c oa ch)
Why do y ou wish to serve on this board/comngtteo? Architects /plaaaars have a big picture view 9 keen
knowledge of deveappment issues g offer professional insight into projects S policies .
Conflict of Ihrorost V aboard member believes he/she rtes a contact or potential conflict of interest on a partficular issue, filet member should stele We bellefte An athar
mom bore of his / bar respective boord during a public m opting rho member should state Me nature of Me conflict detailing Met he /aft fte a aeperale, private or monetary
Interest, either direct or Indirect, In the Issue under consideration. Trio member mould then exCU80 Aerself hem rating on the Mahar.
What areas or concern would you like to see addressed by this committee? Smart growth, mo ving toward more
sustainable land use, contaiming sprawl, promoting beat managenant practices.
Qnaicadons for ■cream: Architect sines 19 98 . NOM certi fied r LE Ap (U8G8C) v A„TA member degrees
from Univ, of Cinc3.nnati Mra) a U IMArc , 20+ years in desi /cons truction
Other municipal or comity boards/committm on which you are seroiq: Nla
list three local personal references and pbane numbers:
L Elise Rocks; Woreley RE, 910 - 255.0044
JUN 2 8
M F �_n
NEW HANOVER CC
2 Pam passe; Contractor/Developer, Atria & Brawah&w B uilders: 910 - 232 - 1474
3- Phil Preto; Environmental Planner /City of XLK, 910 -342- 77
�1l w
Date: June 28, 2 010
Applications are kept on illo for 11 months
(city)
(Zip Code)
Saigastu�:
reverse $Jde for addlUmmal tomments
Board of Commissioners Meeting
07/12/2010
18 -1 -32
JUN- 28- 2010(MON) 13:49 B & 0 ARCHITECTURE (FRX)910 251 2708 P. 001
TRANSMITTAL:
B + 0. design studio, plic
TO:
New Hanover County /Board of Commissioners
FAX or/
910-798-7145
ADDRESS:
SUBJECT:
Planning Board vacancies.
DATE:
28 June 2010
To Whom It May Concern:
'
JUN 2 8 2010
NEW NANOVER CO
BD. OF COMMISSIONERS
Attached please find the Committee Application for the New Hanover County Planning
Board for consideration in filling your upcoming vacancies,
I a a local arch itect and small business owner who located here in the spring of 2005, and
have lived in the Middle Sound Road area of New Hanover County over five years My wife
and I established a design /planning firm in downtown Wilmington and are proud to have
been on several teams which have won Lower Cape Fear Stewardship Awards in the past
five years.
I am aware that there have been architects on the NHC Planning Board in the past, and
believe that having another architect with our professional expertise and 'big picture'
viewpoints would assist the Planning Board for the next three years. Specifically, I've been
quite involved the last four- years with both the boards of the Wilmington Chapter of the
AIA (American Institute of Architects) as secretary, president & past - president, and the
Cape Fear Green Building Alliance (CFGBA)- secretary, board member and Green Tour
organizer for 2 years.
I appreciate the opportunity to be considered and look forward to addressing any questions
you may have for me in the review process.
Regards
Scott Ogden, AIAKEED AP
Principal/Architect
B + 0 design studio, pfic.
B+ o, pllc. 205 Princess Strout PH. (910) 251.2707
www_lb_- and -o,nct w m ,nMon, NC. 284�eefing
FAX. (910) 251.2708
Board o ommissloners
07/12/2010
18 -1 -33
6/25/2010 12:00 PM FROM: 910- 395 -8282 D.P. Thomas Const., Inc. TO: 798 - 7145 PAGE: 002 OF 002
New Hanover County 2 30 Govcrument Centel ari rc
Board of Commissioners COMMITTEE APPLICATION suite 175
Wilmington, NC 28403
Telephone: (910) 798 -7149
Fax: (910) 79b -7145
Board /Committ Now Hanover County Planning Board
Name David Pryse Thomas Jr
Home
Address: 928 Rabbi Run Wilmington
28409
(Street) (City)
Mailing Address if different: FD Box 521, Wrightsville Beach, NC 28480
E -Mail Address: dave @dptconstruction . com
Hone pi (910) 395 -7842 F ax: 910- 395 -8282 Ce11: 910 -520 -0581 Busi ness: 910 -395 -5865
Years Living in
New Hanover County: 45 dale: .. Female: Race: wh i to Age: 5 8
(finbrm edo■ for the purpose of assurin& across sectio■ of the coon Mon ity)
Employer: D.P. Thomas Construction, Inc.
(A pen *a crrre+sdy enpleyed by the a=eocy 9 department for which this application is made, mast resign histber positio■ with New Ha Buy er County
open sppoiutment, is ■etordanee with Artiek Vf, Set don 4 of the New H *rover County Personnel Policy.)
Occupation General Contractor
Professional Activities: State director Wilmington - Cape Fear Homebuilders Association
Volunteer Activities: Cape Fear River Watch, Board of Directors Member
Why do you Irish to serve at this boordlcommittee? I Mould like to work with the County Comm s s i oners
and help the county grow in a manner benefiting current and future residents 6 businesses.
Contike o! int* st # a board member believes he/she has s con►hct or potential conflict of ir+terest on a particular issue, Met member should state this belref to the other
members of his /her respective board during a public meeting. The member should state the nature of the conNict, deteding that helshe has a separate, prlvate or monetary
Interest, either direst or indirect, in Me issue under consideration The member should then excuse himself / hO from voting *A the matter
What areas of concern would you like to see addressed by this committee? I do not have an area of special
concern. Committee members should be concerned with the issues presented to them.
Qualifications for serving: Ability to pork with both the environmental and development groups.
Past member: Watershed ManagE=en t Advisory Cosimi ttee , & Stewardship Dev. . Committee.
Other municipal or county boards/committees on which you are serving: New Hanover Soil s Conservation
District Board of Supervisors, chairman.
_- V -
__T
List three local personal references and phone numbers: D
1. cacO*
Z. Re%o MUR C%ilsolA 1452wo I ` 1 1 %.f I-116J IV
3 ��M \NJALLAVE-, OR S � I ��9 Hnr
NEW 40VER CO
f�, BD OF COMMISSIONERS
Date: Jun 25, 2010
Appikatiens are kept an lilt for 18 moathe
(Zip Code)
Signature: ?a
Use reverse side far additional com ones is
Board of Commissioners Meeting
07/12/2010
18 -1 -34
New Hanover County
Board of Commissioners
230 Government Center Drive
COMMITTEE APPLICATION Suite 175
Wilmington, NC 28403
Telephone: (910) 798 -7149
Fax: (910) 798 -7145
BoardlCommittee. New Hanover County Planning Board
Name: Jeff Thompson
Home
Address: 399 Shorepoint Dr. Wilmington 28411
(Street) (Ci
(Zip Code)
Mailing Address if different:
E - Mail Address j th °mpson@ hobbsupchurch , com
Home Phone: 910 - 477 -0924 Fax:
Years Living in
Cell: 910 477 Business: 910 - 686 - 1212
New Hanover County: 5 Male: Female: Race: Whi to Age: 33
(Information for the purpose of assuring a cross section of the community)
Employer: Hobbs, Upchurch & Associates
(A person currently employed by the agency or department for which this application is made, must resign his/her position with New Hanover County
upon appointment, in accordance with Article VI, Section 4 of the New Hanover County Personnel Policy.)
Occupation:
Civil Engineer
Professional Activities Serve as the Town Engineer for several small towns in southeastern NC.
Volunteer Activities: Hands on Wilmington (Volunteer) . Coastal Carolina Tomorrow (Board Member)
Why do you wish to serve on this board /committee? Assist in continuing to develop the long
planning policies to ensure my County is developed in a controlled and responsible manner.
Confllot of Interest: If a board member believes he / she has a conflict or potential conflict of interest on a particular issue, that member should state this belief to the other
members of his I her respective board during a public meeting. The member should state the nature of the conflict, detailing that helshe has a separate, private or monetary
interest, either direct or indirect, in Me issue under consideration. The member should then excuse himself I herself from voting on the matter.
What areas of concern would you like to see addressed by this committee?
Qualifications for serving Professional Civil Engineer involved with various development issues
across the eastern part of the state.
Other municipal or county boards /committees on which you are serving:
List three local personal references and phone numbers:
1. Jim Hardy 910- 392 -6080
2. Jahn D. Riggs 910- 262 -5566
3 . Jody Haugland 910- 376 -1780
Date: June 28, 2010
Applications are kept on file for ] S months
Signature:
Board of Commissioners Meeting
07/12/2010
18 -1 -35
G(�Gll \9l
Use reverse side for additional comments
New Hanover County
Board of Commissioners
COMMITTEE APPLICATION
Board/Comnu" tee: New Hanover County Planning Board
Name: Byron R . Toothman I I I
Home
Address: 2120 Mett Ave Wilmington
230 Government Center Drive
Suite 175
Wilmington, NC 28403
Telephone: (910) 798 -7149
Fax: (910) 798 -7145
28403
(Street)
Mailing Address if different: Same as above.
&]MW Address: toothmanb@ hotmai 1. com
(City)
Horne Phone: 910 262-4752 Fax: n j a
Cell: 910 262 -4752 Business: 910 962 -2334
Years Living in
Male: Female: Race: 32
New Hanover County: Age:
14 � ,Whi g
(Inform ation for the pur pose of assuring a cro ss sectio n of the c o mun ity)
Employer North Carolina Coastal Reserve
(A pers on cu rren tly employe d by the agency o r depar tmen t for which this app tic ation is made, must re sign his/her position with N ew H anov er C ounty
upon appointment, in accordance with Article VI, Section 4 of the New Hanover County Personnel Policy.)
O ccup ation :
Research Biologist
Professional Activities: please see attached .
Volunteer Activities: please see attached.
Why do you wish to serve on this board/committee? Please see at tached.
Conflict of Interest if a board member believes he / she has a conffrct or potential conflict of interest on a particular issue, that member should state this belief to the other
members of his l her respective board during a public meeting. The member should state the nature of the conflict, detailing that helshe has a separate, private or monetary
interest, either direct indirect, in the issue under consideration. The member should then excuse himself l herself from voting on the matter.
What areas of concern would you like to see addressed by this committee? Please see at t ac hed.
Qualifications for serving: P lease see attached.
Other municipal or county boards /committees on which you are serving: None
rc
CO
�� � HA�d
List three local personal references and phone numbers: N r r H V { � R
I. Christopher Yermal (Cape Fear Green Building Association) (910)228-6531
Z. H Sutton (NC Coastal Reserve Southern Sites Mgr, Stewardship Coord.) (910) 547 -0848
3. Dr. Joan Willey (Prof. of Chemistry. UNCW CMS Assoc. Director of Ed.) (910) 962 -3459
Date: Signature:
Applications are kept on file for 18 months
(Zip Code)
Use rev errse side for additional com ments
Board of Commissioners Meeting
07/12/2010
18 -1 -36
New Hanover County Planning Board Committee Application
cont'd
Professional activities:
I am currently a Research Biologist for the NC Coastal Reserve and NC National Estuarine
Research Reserve. My work includes but is not limited to the following:
• Coordinator for Wilmington office System Wide Management Project
• Develop /Conduct and acquire funding for research activities
• Wilmington office technical advisor
• outreach and education activities
Volunteer Activities:
I volunteer in public schools and classrooms as opportunities become available. I speak on a
variety of topics for instructors but specialize in developing interest in science education or
science as a career through interactive discussion and hands -on activities, displays, or projects.
Why do you wish to serve on this board/committee?
My family has been firmly rooted in Southeastern NC for generations and I have been living here
almost all of my life. I have been a resident of New Hanover County itself for almost 15 years
now and have seen it change in many ways over the last several decades. Having been the
beneficiary of a life in such a culturally and naturally rich place I feel compelled to give back and
help preserve the integrity of an area that is so special.
I see the NHC Planning board as an excellent place to contribute my expertise and knowledge of
the natural resources in our region. I am interested in helping to develop community planning
policies that reflects thoughtful and sustainable development practices that protect both our
economic and natural resources. Smart planning for both the short and long term future is
essential to preserve the area's best qualities. New Hanover County's population growth has
outpaced the state as a whole for at least 40 years now. This trend is no doubt due to our blend of
cultural and natural beauty and is not likely to change soon. In order to adequately plan for the
increasing demands our infrastructure and natural resources we must anticipate our future needs
now while simultaneously protecting the elements of our area that have drawn folks here in the
first place.
What areas of concern would you like to see addressed by this committee?
I am interested in addressing many of the county's long term growth management needs. In
particular I would like to see attention given to increasing population and associated
infrastructure /service needs as well as responsible and sustainable long term planning.
Additionally:
• Mass transit and public transportation improvements.
• Improvements to pedestrian and bicycle friendly transit.
• Anticipation of Sea level change with regard to infrastructure upgrade, protection, and
land use.
• Anticipation of natural disaster events.
• Protection and acquisition of greenspaces and traditional use areas.
• Partnerships with neighboring counties and municipalities that have a shared interest in
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07/12/2010
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Qualifications for serving:
I have in excess of 10 years educational and professional experience working with water quality,
monitoring and assessment, and coastal processes. These include but are not limited to the
chemical, physical, and biological issues that are important to our area. I have taken part in all
aspects research projects that have focused on nearly every watershed in the county and range
from microbial and chemical assessment to commercial aquaculture. This includes project
development, data collection, assessment, report generation, etc. Subsequently I have become
well aware many challenges posed by our area such as data collection, land use planning and
infrastructure needs, as well as the impacts that they have on the coastal areas.
As a researcher for the NC Coastal Reserve, I help support our mandates to acquire and manage
our lands through a combination of stewardship, research, education, and outreach. Although I
am engaged in research for the Reserves I am also an active participant in each of these areas and
familiar with their individual challenges. Many of our reserve properties are very different from
one another and planning takes much consideration to account for each area's individual needs.
I'm sure we can agree that this is a limited format to discuss any contributions that I might be
able to make. Please feel free to email or call if I can offer any more information that might be
helpful.
Board of Commissioners Meeting
07/12/2010
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Byron R. Toothman III
5600 Marvin K. Moss Ln
Wilmington, NC. 28409
(910) 262 -4752
toothmanb(at)uncw. edu
Relevant Education
M.S. Marine Science, University of North Carolina at Wilmington, 2006
B.S. Marine Biology /Environmental Studies, University of North Carolina at
Wilmington, 1999
Awards/Honors:
Center of Marine Science Graduate Teaching Award (2005 Recipient)
NSF GK -12 Graduate Teaching Fellowship (2004)
Other:
Wilmington Citizen Academy (2007)
Employment
April 2008- Research Biologist NC Coastal Reserve and NC National Estuarine
Research Reserve
• Coordinator for Wilmington office System Wide Management Project
• Develop /Conduct and acquire funding for research activities
• Wilmington Office technical advisor
• Outreach and education activities
2005 -2008 Research Technician II
University of North Carolina at Wilmington
• Coordinator for the Wilmington Watersheds Project, Bald Head Creek
Water Quality Project, New Hanover County Tidal Creeks Project,
New River Estuary Monitoring Project.
• Analysis of water and sediment samples for all projects including
chemical, physical, biological parameters, microbial analysis, and
sample collection.
• Data management, statistical analysis, and interpretation.
2004 -2006, UNCW Biology Graduate Teaching Assistant
2002 -2003 University of North Carolina at Wilmington
Develop lesson plans, student evaluation materials, and grading.
2004 -2004 UNCW Graduate Research Assistant
University of North Carolina at Wilmington
Water quality and sediment analysis (chemical, physical, and
biological) for New Hanover County Tidal Creeks Project.
• Coordinated and trained undergraduate and graduate students for
sample collection and analysis.
Created /maintained databases and conducted data analysis
2003-2004 NSF GK-12 Graduate Teaching Fellow
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07/12/2010
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University of North Carolina at Wilmington
• Serve as a science resource in the classroom of New Hanover County
Middle Schools.
• Develop and lead educational activities that culture scientific interests
in Middle School students.
2002 -2002 Research Technician
Duke University Marine Laboratory, Beaufort, NC
• Field sampling and data collection aboard the NOAA R/v Oregon II
for research of the annual Gulf of Mexico hypoxic area and annual
ground fi sh survey.
• Sample analysis at home lab in Beaufort.
2000 -2002 Aquaculturist
Shrimp Improvement Systems, Islamorada, FL
• Optimized Broodstock, Maturation, Larviculture, Algal culture
hatchery systems.
• Designed and retrofited aquaculture facilities for high- density low -
volume MAX system (Micro Algae Culturing Systems)
2000 -2001 Research Technician
University of North Carolina at Wilmington Dept. of Biological Sciences
• Sample collection and analysis for South Brunswick Sewer and Water
Authority, New Hanover County Tidal Creeks Project, and CORMP
(Carolina Ocean Research Monitoring Project)
• Perform analyses including chemical, physical, and biological
parameters, and data management for research projects
Professional Memberships
North Carolina Academy of Science
North Carolina Water Resources Research Institute.
Southeastern Estuarine Research Society
References, Publications, and Reports provided upon request
Board of Commissioners Meeting
07/12/2010
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