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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 This page intentionally left blank. 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 This page intentionally left blank. 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 This page intentionally left blank. 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 a O 3 O V i 3 Z 0) N O i 0 N LA V J t Q m 0 m rl o 110 tD � o lZ 0 O O t.0 0) 00 0 i 00 0 m N � t.0 l�0 O 1 0 00 � Ln M ~ O �o Ln N 00 m Ln M N lrD rl � � O ::': N m m 00 00 z Y m N O lD N N aj Z Y R:I lD O M Ol 01 W z N 00 to N N N = w m oo Ln �D W c C rl 0 N I\ N L�J LA •� CAA N r-i O 0 Lr) rl Z LLJ (z Z fj Z aj Ln �o X \ CL 0 V Ln o0o 00 Z 0 0 a U a O `� U a.) 0 ft a �c 00 00 cn I N N i � C v) V_ '> LL U O � U co N +, t/1 Q O 0� m 06 aJ U V) � m .� ca v) Q u Li N U � (10 (10 V V ' > CL cn rn � +� O O 0 m Ln 0) Ln 0) +, O 0 o o a� U m V n — n 0 (7 .� ca v) Q U LL � 0 0 0 � CL cn o J.q 0 N O 0 0 m 0 0 � Q m I'D I� m rl o 110 tD � o O O m O O t.0 0) 00 0 i 0 N Ln O m N � t.0 l�0 O 1 m w Ln Ln M ~ N Ln N Ln M lrD rl 0 O ::': N m 00 00 z Y m N O lD N N rl Z Y R:I lD O M Ol 01 W z N 00 to N N N = m oo Ln �D 0 m C rl 0 N I\ N � V N r-i Ln N 0 Lr) rl � Z O a) Ln �o O m 0 0 V o0o 00 Z 0 0 O Lf) N O `� O O 0 ft a �c 00 00 cn N N i � V_ '> .a C O � co N +, t/1 Q V) a) 0� m 06 aJ U V) � .� ca v) Q u Li N U � (10 (10 V V ' > CL cn ' a C Q � M C T; Ln O Ln O m N N o 0) Ln O l�0 O 1 I N � 01 Ln N O1 0 O ::': N m N N rl Z Y R:I lD O 0) rl (.0 00 to N _ N N C rl I\ N _ Ln Ln N 0 Lr) rl 0) V Z 0 0 O Lf) N O `� O O 0 ft a �c 00 00 00 N N N Q � H N V V ' > ' a C � +� O � =3 LO 06 +, V) a� a� m c o a� U m V — .� ca v) Q U LL � O U 4-J 2 CL cn b�A a� a� � N O O � U O 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 - I - Board of Commissioners Meetin 07/12/2010 9-2-2 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. - 2 - Board of Commissioners Meetin 07/12/2010 9-2-3 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. - 3 - Board of Commissioners Meetin 07/12/2010 9-2-4 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 - 4 - Board of Commissioners Meetin 07/12/2010 9-2-5 RRINNIMI - 5 - Board of Commissioners Meetin 07/12/2010 9-2-6 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. - 6 - Board of Commissioners Meetin 07/12/2010 9-2-7 - 7 - Board of Commissioners Meetin 07/12/2010 9-2-8 8 Board of Commissioners Meetin 07/12/2010 9-2-9 - 9 - Board of Commissioners Meetin 07/12/2010 9-2-10 10 - Board of Commissioners Meetin 07/12/2010 9-2-11 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 -11 - Board of Commissioners Meetin 07/12/2010 9-2-12 - 12 - Board of Commissioners Meetin 07/12/2010 9-2-13 - 13 - Board of Commissioners Meetin 07/12/2010 9-2-14 - 14 - Board of Commissioners Meetin 07/12/2010 9-2-15 - 15 - Board of Commissioners Meetin 07/12/2010 9-2-16 - 16 - Board of Commissioners Meetin 07/12/2010 9-2-17 Board of Commissioners Meetin 07/12/2010 9-2-18 Board of Commissioners Meetin 07/12/2010 9-2-19 This page intentionally left blank. 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. Board of Commissioners Meeting 07/12/2010 10 -1 -1 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. Board of Commissioners Meeting 07/12/2010 10-1-2 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. 778365.3 034093 CTR Board of Commissioners Meeting 07/12/2010 10 -2 -2 • 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. 2 778365.3 034093 CTR Board of Commissioners Meeting 07/12/2010 10 -2 -3 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. 3 778365.3 034093 CTR Board of Commissioners Meeting 07/12/2010 10 -2 -4 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 11 778365.3 034093 CTR Board of Commissioners Meeting 07/12/2010 10 -2 -5 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 5 778365.3 034093 CTR Board of Commissioners Meeting 07/12/2010 10 -2 -6 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. 0 778365.3 034093 CTR Board of Commissioners Meeting 07/12/2010 10 -2 -7 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 7 778365.3 034093 CTR Board of Commissioners Meeting 07/12/2010 10 -2 -8 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 8 778365.3 034093 CTR Board of Commissioners Meeting 07/12/2010 10 -2 -9 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 0 778365.3 034093 CTR Board of Commissioners Meeting 07/12/2010 10-2-10 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 10 778365.3 034093 CTR Board of Commissioners Meeting 07/12/2010 10-2-11 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 11 778365.3 034093 CTR Board of Commissioners Meeting 07/12/2010 10-2-12 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. 12 778365.3 034093 CTR Board of Commissioners Meeting 07/12/2010 10-2-13 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 13 778365.3 034093 CTR Board of Commissioners Meeting 07/12/2010 10-2-14 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. 14 778365.3 034093 CTR Board of Commissioners Meeting 07/12/2010 10-2-15 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 15 778365.3 034093 CTR Board of Commissioners Meeting 07/12/2010 10-2-16 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: 16 778365.3 034093 CTR Board of Commissioners Meeting 07/12/2010 10-2-17 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 17 778365.3 034093 CTR Board of Commissioners Meeting 07/12/2010 10-2-18 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 18 778365.3 034093 CTR Board of Commissioners Meeting 07/12/2010 10-2-19 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. 19 778365.3 034093 CTR Board of Commissioners Meeting 07/12/2010 10 -2 -20 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 20 778365.3 034093 CTR Board of Commissioners Meeting 07/12/2010 10 -2 -21 • 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 21 778365.3 034093 CTR Board of Commissioners Meeting 07/12/2010 10 -2 -22 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 22 778365.3 034093 CTR Board of Commissioners Meeting 07/12/2010 10 -2 -23 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 23 778365.3 034093 CTR Board of Commissioners Meeting 07/12/2010 10 -2 -24 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; I1,I 778365.3 034093 CTR Board of Commissioners Meeting 07/12/2010 10 -2 -25 (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 778365.3 034093 CTR Board of Commissioners Meeting 07/12/2010 10 -2 -26 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. A -3 778365.3 034093 CTR Board of Commissioners Meeting 07/12/2010 10 -2 -27 Any "Year" shall commence as of July 1 St and end June 30 th . consistent with the County's fiscal year. E Board of Commissioners Meeting 07/12/2010 10 -2 -28 778365.3 034093 CTR 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. fool 778365.3 034093 CTR Board of Commissioners Meeting 07/12/2010 10 -2 -29 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. 778365.3 034093 CTR Board of Commissioners Meeting 07/12/2010 10 -2 -30 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, C -1 778365.3 034093 CTR Board of Commissioners Meeting 07/12/2010 10 -2 -31 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. C -2 778365.3 034093 CTR Board of Commissioners Meeting 07/12/2010 10 -2 -32 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- C-3 778365.3 034093 CTR Board of Commissioners Meeting 07/12/2010 10 -2 -33 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. C -4 778365.3 034093 CTR Board of Commissioners Meeting 07/12/2010 10 -2 -34 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 C -5 778365.3 034093 CTR Board of Commissioners Meeting 07/12/2010 10 -2 -35 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, C -6 778365.3 034093 CTR Board of Commissioners Meeting 07/12/2010 10 -2 -36 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 C -7 778365.3 034093 CTR Board of Commissioners Meeting 07/12/2010 10 -2 -37 • 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 C -8 778365.3 034093 CTR Board of Commissioners Meeting 07/12/2010 10 -2 -38 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 C -9 778365.3 034093 CTR Board of Commissioners Meeting 07/12/2010 10 -2 -39 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 C -10 778365.3 034093 CTR Board of Commissioners Meeting 07/12/2010 10 -2 -40 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 C -11 Board of Commissioners Meeting 07/12/2010 10 -2 -41 778365.3 034093 CTR 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 C -12 Board of Commissioners Meeting 07/12/2010 10 -2 -42 778365.3 034093 CTR 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 C -13 778365.3 034093 CTR Board of Commissioners Meeting 07/12/2010 10 -2 -43 • 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 C -14 778365.3 034093 CTR Board of Commissioners Meeting 07/12/2010 10 -2 -44 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 C -15 Board of Commissioners Meeting 07/12/2010 10 -2 -45 778365.3 034093 CTR 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 (L) 4ma (A Im a so= Innis= 0 Ln LM MEN= ■ I I \ M a � - b N � O � O 4 O \ \ 0 l t 401 1 0 C l tv 1 411 t ow ■ I I \ M a � - b N � O � O 4 O l t ow I v ■ I I \ M a � - b N � O � O 4 O 4A C b.A r N � O � O O O U 4-a O O 0 LM (L) ow MIN E= m • 1 x tO � O OO :E (1) 040 V rm Ln 0 Ln (1) (1) V E E 4 01 �--r ' to V > V (1) Q • 4-1 c � U CIO O w ca .— +, V .— W W UO J W «t �l��� ,v » »v�CC�� »,v �fi v,a » »v.IC�� v,a » »v.IC�� »»,,,, »,,,,,,,,,,,,,,,,,,, u , a , , ,, v , a,,,, v , a,,,, v , a,,,, v , a,,,, x tO � O OO � 000 soon x zi ati 0 t CA 0 EMM 0 emom O M � O O O -c)- LM ..flNlE �fW CL) O ow . q V (1) O N .� O 0 - j)- O MIN E= O . . EvElm +J %%� L r*4 O � � J).N � o .. 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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 This page intentionally left blank. 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 This page intentionally left blank. 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 This page intentionally left blank. 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 .......... w..v.., ....N.....t w .... N. ......n .......................* .......�- ..n ......... t ...t..n...v.� ..�. .�....:: ::�...t;..,:. ,�... IN vv: :.. :..,��, ,,... .:;::.... n�'...;�:,,.w:...� <, <v:I �:kt:�:��{ N ,.�.,.,:.. . ......,... t ..v. .. t ... ... x..�..., ..................t .... ...w n.....t ......... w , ,. w.., ...v..�........ �... � �.� .n w. ....�.�wv. �. =�.x... ,:�t =�w >vk�:n :v�'_... �w�... ..w.........,....,..�.. v.t ... ........w... .. � -... .. t ........ . ... ... .,.... ....� .. ....� .n�. .... t.... Pr : . n'. ...... , ............ ... .. .- ............ .... ..... x... t t .. x � .n � .... v ......, .......... . . .. t......... . ...... . �, ..... ...... ....t...:., .... .....w...wn, ..t,* v.... . � . .�.. w. v ... v . x ....... �., t..... ... . .... v.. .. .....t..x�..,,� : .��. �. �w�k, v v. .n..... w�.�, t �t n.v.v f.✓ : �:�.w , vyn..,. :•t : � .�.;' <: .::... n ���� v::kv:.: :�... . \`''. �v �` :v .:. (� I I I 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 /' - ., k fw " . u { "<. �.. ✓ w{ w <� . .....f,. �..». "'*«.., �" � k.. � !«.rw: . k' w. � w�X� �� <�. .F,e cf .,Y^.. .�.<. �. f<.x l":" "Y�'; �{.' ! . v ^4 f"'w"n'S ".�k'� . ��'... � "^�c.,. ,.! r� :t'� = '.� =fw 'fr.'^' k "fiC<:.`k "o^y !G' !k ,.� �cf s �� .,. �\ .c.,.,. .� b'. v. �lM ,. .. .v. .. 5,�. �€k,.. o �C^4- c.,. � �r .v\ . 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'`4�:.w.*e.'`��.,�./ r" Kul^'. ��%• �.w�{• �^G,,. 4,✓r�. � w {' ^v.! :Y`�L' ���4 "t2�1CV '%'.w.: ". .v, <:x✓ �k. ^... .4. < `a`ce'�, n�s..•• J'" �. �.+w' v.'�wn . "w v � t! : 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 J c N N W y v J LO >' Q v O Q z a r. 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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 r � z` PLANNING DEPARTM ING MAP AMENDMENT ZON art �'R x�f � w § s {:i• 23 Government C enter Drive S ulte 150 Wilmington, NC 28403 910-798-7165 Phone 910-798-7053 fax + ww '1111 } oI arr�' Petrtlr€rr<� ff trt::. .•....:. 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 Y 1'el [ ] 11C III CSI )ej' ` - 'etrt io ner• 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. 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[� LdL LL, CL LU 3c AE T- z Z CO C > C J L LI CO a_ m fr CL J Ck OD [1l Lu L.) Ln C) -Y N% B ,Qar' �Xommissione - rs- MQetin ' 07/1 N2010 } 16 -7 -24 7�C L O%m CL s� o 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 i v ' _ / ... �� ^° ^ ^* '/ � ' KM � . 1, V 16-7-30 cd � ' ` '~ 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 5 p �� ry .4!q!� l*z 0 tea. 000 AID PEAK HOUR VOLUMES (000) PIS PEAK HOUR VOLUMES t -N., %on vo � G { i 16 -7 -34 P40 SITE 00% INBOUND PERCENTAGE (00%) OUTBOUND PERCENTAGE . .. ..... ,THOMAS HUTTOT4 ENCIN'EERMG C0., 219 STATION ROAID SUITE: 101 WILMNGToN, NC. 28405 0 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 o , I 000 INBOUND TRIPS (400) OUTBOUND TRIPS �r Sty° is r E' 16 -7 -37 J 4� J a. oo 4 *Mm z 5 DOO INBOUND TRIPS (DDO) OUTBOUND TRIPS SITE � s �r Y> �a �3 q S S, 16 -7 -38 40,9 a "4 ' ttds;� Z a SITE -a i 7 , % ;?I 000 AM PEAK HOUR VOLUMES (000) PM PEAK HOUR VOLUMES 1 j ) � 30 4) X04 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 { t r t 4 '� 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 � /9�JJ 35'39 �/�� }]{'/JyJ - . `�--ff }Y7• Y � AR 7. � aY YVi[Y �'VI/ 0 � 1 �[/ R * 1 7 F/h� 111 1 //! L { V � F �/ ef�r � V f f y �� i �/�} 0 0 }a R � F � - . Lane Croy Flog 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/�� .00Mo 0.0 s .0 * 1 � V1�.28 .6a / C Kat ,J U niform rely, / y . a +f} #1 0.01 V.# 0.63 0 .82 4/� 0 Ml Pro F F.i �[ � f � a'T . � ''' /7Y 1 t "/�/� f�1J� �1f � a / Incr e m ental Del � �. 1.00 1 0.83 � i � Del s Y 4 i 73.3. - i 1 32,2 1.1 82.5 1 .7 25.E 1 } . 50 "Wy� ! Y App D s '.. fJ4r1 �k �i A. Approac LOS �± C Y +y�{- ffvai� I Y �( fs ! 9 5 ` � V 'Y X •3 t I. Y h 1 1 R RrN h�X Control � YR� 4/ 23.E ILL 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 ", *!\/ � �w[i/ 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' � kI !3 I i z r! 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 Ys �rt 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 ' � ' �{{ JJ �}} ((�� PF�-h1Tr ftilt�r� �� � Or�f SJ �V4" +� f� ' �J- .V 365 VaY 0 583 0.96 11 - 96 $6 0 1583 {y A dj. Flow �vph) �� .+.,( � 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 � Split 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 {� /'� V.L/ Clearance T ime ( + 0 6 .0 V• VrwJ { 0.55 ; V Extension a i .0 ��//����([ .0 'f�i , {+� a� . � 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. Appro Del 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 ICS f Le Vel f Se ri � 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[�'''{}{} *5.�3 � 897 err'+ }$ 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 ! . - App D 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 � �+. {�. .� .V !y ti/. .7.r `,rye} 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 2 6 Actuated Greer, G s Effective G reer, s }� 1 - 6- 1 .7 172- 86.3 Y3 86.3 Actuated J1 '(/� # ctu at d /C Ratio . /� � 1 . 111 88.3 . � /�'�[} wY Clearance T ime {s Yi+F VY 0.16 . � 0.x'2 0.x`2 0 ,72 Vehicle +i �'�} {/ . 0 . jy 0 �r _ 0! } 0 � 040 . 6.0 0.0 Lane Grp Cap (vp) 0 �� 005 [ . �l r ' 8. vs R atio P rot 0.00 ct0. 0 X208 678 254 11 36 v/ R atio Perri 0.01 C0. ►� VIc Ratio Unif r De d1 frya�' �ls� irw7i V4i YO .. r 0.00 OM 0.36 0.02 M Progr F 58.3 4 , f 4�9 .0 Incremental Delay, d �00 1. +0 0.1 ,00 1. 1'Y 1. . 1 M60 Del . ]/�� � 1M �2 �!� .. . h e y - 0.0 0.4 0,1 f Level of S e rvice D Y,03 J s a V a� Approach D s 4, A A A A pp ro ach LOS D y A _ �i _ 3+. 9 r G f r K y _ � n �� v G £flJ I tl { r x IYi i r.s ` - �� *if� .f fM 4' r .i' + r y "� { yJ� /�`�! y / { � ! r { jF1�� + { ''/�+y / � . +�1 y�y� F 7 i/�L4 L V V4 i��4 }/V �7r1 ` -.., ... .' _. f v a ,,,': v � Iry ,x ,., ,. I.. t ,_ Yrt .. l '��y�}!yy//�yi o � �f f Service '. Yf f" l k s rp Y^ .. f ff ''f m t r,y>• HC # Ct Cyc f Lengths 123.0 Sure of lost time (s 12. Intersection 1 Vi9�O ICY L W Servi l � Analy P eriod (min) r 1 . c ica # Lan G r o up 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 :1622\ a s \tra ic�sy c ro�291 background\AM 2013 no b ild.syn _ t 1 .. p jj u �Ps.s C r JJ { �� Lane Corti r m Vo I +r+rr \wF L F F{fY ( l/ } 1 90 0 X t 1 YY 7 1 900 1 900 1 900 417 1900 1900 1 11 1900 i /1 {� I J1 1 To L ost t ime 4 i 0 40 4. 4.O 1 900 L a ne 1 Factor V tifa FF - '} -�*r 1.00 . 1.00 �[ rY �� ���{J{ 1,9 0 0.95 40 � 0. 97 X 0.95 t l`lt Protecte 1.00 1 0j' I. i � .0 0 1. Jf'�{j Jii [/�� JJ ,'y]�iY 49 1.817 1a� FY �}y� 1. Y /�aV 343 I }CY# 3539 Flt Permitted atd f F l ow J fie! . � 63 0.98 1. 00 0.95 1,00 M5 1.00 .1 }fir"' P e ak - hour factor, 7 0 �J�] , 0.92 1 r +.,9 92 092 2 02 .1770 0. 3538 9 3433 3539 f� dj.1 lour Grp 1 .9 3 r9 1060. Ya9 0.92 RTOR Reduction 2384 Large Grog Flow X11 1 27 .. f 1 18 0 6 0 2 0 T T p ���tte\r1 Ph �1� split P!'�+ fret - Pr Perm itted Phases , Act Green, G Effect G reer � .4 S� V .70.8- X3.0 12i i , Actuated g/ Katie .4 f� .02 , #03 60.3 .4 0.02 72.3 55.9 123.9 .� ,4 Vehicle Extension 3. 3. F 3. L Grp Cap (vph) 4 1 196 4 0 1683 1242 2885 R Pe CO - 01 J..ILr► 0.00 ~ 3 CO-31 .6 Wo Rabe Uniform Delay, d1 0. 02 0 0.01 . 1-0 ...0.72 0A 0'.83 P r og r e ssi on dater 72.7 ���+ 71.4 � 30.7 72.8 J] 31, # � ! IYre D l�'']{{ M J '�Jy 2 "/�' i/y� 1 /y� r+ Y� � !� � FYV .. D Y. 2� tit + 1 73.E Y i 1 .9 1 Y� . 2. 29,4 9 56,7' i t 1 0. ��'r�r'�! ���J/ L eve l of • i ice E E App De l a y s 2# Approac LOS E C 22 C -9 x HCM Av era g e C o n tr o l Delay 25 * HC Volume t ap fty ratio V Le of 0. Service *�/w/ Actuate C L engths 1 Sum of lost t ime x} { 3f f� 0 I t r e j C Uti 83 .1% ICU Le r�r� / // t s e An alys i s Period (min) 1 Criti L ane Gtup 2f5/2(?i 0 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 ,• 1Y ' -f *Y . . F'; L .., "F it ::.. - { 4 i m` NE A ' r It f ., , ,� L ane Configuration 5 ` / }J Volume (h I Fl rrJJ { 4 1 42 . � j } } y)4 i ��ii i }/!�F � �K J• �J i4� J � 121 /Yy Y 897 318 �/ J Lost F 555 time { +/ iSi T W t l ti F 1 V 7 J ({f�'1 4. 4.0 rJ'�' 1 900 � 19 19 1 900 1 900 #!j 1 900 1 900 Lane t� I t Factor fff MI. V . 1/ 1 Y i V 1 f V 1.00 . 1 . V; ►}� }1 Y. . ' y4?�{ ;J Y 1 V� i. M1I Y� . 0,95 11 Y 1.00 rL{{ }; �/ ii V 1.0 �1/�J� J Y 0.95 ray} 4.0 / 1F 1.00 Frt FIt }y 1 F 1 .00 0.95 1.00 0 . 99 6.85 1 1.00 6. 95 o. 1.00 I r 1.00 0.85 �/�[ri S at d, Flow / t 1616 3M }00 1 533 1 770 3493 0,95 1 770 1 3539 1,00 1 583 V 0.95 jJ � ���J \} i 1 .00 � 1 .00 1583 F11 Permitted Sate. Flo" 0 .95 0.9 1.00 . 9 1.66 0 1.00 1. Y # � � . 1. errs P eak- f actor, PHF 1610 0.96 3343 1 533 1 776 343 319 3539 1533 114 3539 1583 Ad Flow (vph) 470 0,96 442 0.96 176 0.96 36 0.96 9.96 560 0.96 0.96 0.96 0 6 6 T Reduction (vh 95 6 64 5 293 1400 126 83 934 331 . Lane Gro (v 296 616 81 138 609 0 293 1400 46 78 63 0 934 3 7 294 Turn Type Protecte Split PM +0V Split pr �''y I"' � v +Pa �r��"�t `�w1 Permuted Phases 4 2 F e Gr , R (s 25.0 0 .16 r 24.9 24.9 86.1 65.1 90.0 8 ] / y�� { J 7 r ! 4 1 ! # T \tY. +n4tYd A�1 * Jh M Cl earance T ime Y6 f � Y 46.0 f 6. Y! Y r�A7+ 4+r� i1�1�� AFT �� }� { iA7 MT�"V �J+.47.T Vi - A� A��rt �r V. Ve hi c le Ex 1/rV .9 # V1L/ t Y 6 6, +� 3.0 -_ •rY�Y.� O �l� . 3.0 �E0 l Lane G rp Cap (p) R 265 550 521 296 572 381 1516 2 9 3 f'� �/ // 0,16 C0 6 0 .02 0 .08 c .17' ,l1 .4 0.01 0,04 r2 Wc Ra 1. 12 1, 12 .6 0.16 6.48 1.06 9.3 r 0 ,92 0.04 0,0 0.12 � 8 0 0.1 1 Unifor De lay, d l Pro gression Factor 63 .5 1.00 6 3 . 5 38 . 8 .FryJ T 1 { �/�'.Y�7 Y . \F 22.7 � � . � ! V ..J 13.3 V 2 6. 5 •/� . J� r .6 y Y / 1 a i � Y Y In ela�r, 2 9V�4 1 .6 VY 1 1 Z 5 1.00 56.0 1 1. r� 0 �L .{y4r Vi 0 � ,'' D 1 53.9 139.3 YT 39.4 63.1 1 � , 13P9 36.6: 10.9 52.E 0.2 `'} #�] � �if��- 1.7 31. ]/y�� �Y Le of Ser F F l } R].�f' F D D YM a {� a Jy � fFi Approach D 12 109.2 4 6 . 8 Y V Y V9 Approach L OS F Vo l t,, u„ HCM A vera ge or H CM Level of Service . HCM Volume to Cap acity r Actuate Cyc le L 152 Sure of l est t ime 16. 6 I ntersection Capa tflttion 89.4 Ana ly sis Period (min) 1 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 . .0 . . -err ,,,'. . '. .. . . ' }• r.i . ?r. 1.. - ; -� F, - BR y r u . s la Large Configurations tt Volume (vph) 1 o 438 0 0 0 496 917 0 1 677 30 Ideal Flow ( vphp) ) Total Lost time W 1900 1900 1900 1900 900 1900 1990 1900 1900 1909 1900 1900 Lane MI. Factor �O 1 .00 4.0 0.88 .4,0 4 .0 1.00 0.85 0 1 -00 0,95 1 d00 . 1 1 .0 0' 1 FItP rote t f d Sat. Fl3R r�r t 1 r 99 1 1. 0 0. io �! .85 'k/yl+ �y4. +.F *1 I1 111} Fit P 1770 ��y` 95 f \I/f 1. 00 �� +��y •//•1��1�� V1F Y iyJ��{ � • ! Y � � 7F� �a�d# � yF f � 1/7 ' � i . +'f� 0 2787 r9 3433 1.00 /�''�y 5 +y /r��]�+y[ •147•► 530 1,0 3539 � t 1583 Peak -hour factor, PHF Add. F 9.91 0.91 0.91 0.91 0.91 0.91 0.91 0.91 x.91 1 0r91 �� RTR Reduction (vph ) 0 0 � 325 0 9 Lae Group Pao 1 9 9 0 9 Turn Type Protected Phases split 4 4 PM+OV split Prot Perms Permitted Phases Actuated Green, G (s �9 28.4 111TS Eff ective Greer, Actuated Ratio 1 40.9 30.4 119.5 85 .1 85.1 .1 Clearance Time � � 0.8 r 0.22 0 ;8` o, i -'0.62 V ehicle n Exto J Sion - .9 ,9 .o . Lane Grp Cap ( vph ) .9 135 907 10 T R atio Prot c0 0 756 �/1 {/r�� 3065 �/�` 327 2 976 do Perm v/ // 0.211 � f 1 it1 U niform De dl 0•41 .0 0,17 012 0.33 kfi� 0 0.00 0.34 !0 �/'�J M.W o, Progression Factor 60.8 36.9 r9 1. 10.. . 12r 8 10. .,I f 1. Delay s) 62,9 X1 5&3 2. � Leve V Service E D \� . Approach Delay ( 38 B 13.1 B Approach LOS D A C B y RCS Avera �r�tro� D el a y 1. HCM L eve l of Service _ c t HCM V OlUme t o Capacity ratio 0 . 44 Actuated Cyc Lengths 138.0 s um of lost � s tune 12.0 � i ltYr�IYT ' tili tr Vr■ Capaci 1.2% ICU Level of s rvice A Analysis Period (min) 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/$/201 Jeff Ingham, P Board of Commissioners Meeting 07/12/2010 16 -7 -71 :1} 21622\ ktr i � ,sy ro12 1 background\PM 2013 no build. u .:i . u r NEL u c S � � .. S W Lane Configurations � ft y > +! Volume 4 1 4 1107 2 9 2 762 1354 0 00 1 900 1900 1900 1900 1900 1 900 1 900 T otal Lost ti [rlrL 4. .' . . 4. �yJ � Lan E n lY..� t�l. �L4Y�Yr� Factor rlr 1Y S �{/�J1 1.Y f� Y �f 4. 1,00 hf .}�F .4. '' 1. {[y.y`r Frt Flt Pr �/'�f Y t Y fie! t d y 0 .9 9 1.00 0.35 1. 1,00 ViY# 1.00 1 .00 S. ��ff'��JJ 7 l toy Jp +J +Y � YaV '�J/��} 1 I0 �/��jy} 0,95 VrX 1770 1t00 �/�J \.r . 1.0 Permitted FIt �a F 0.98 0.96 1 0.95 1.00 0.95 1. 00 17'93 1 785 2737 1 770 3539 3433 3539 Peak-hour factor, P F 0.94 0.94 0,94 0. 94 0+ 4 0.94 0,94 0.94 .94 94 0.94 0.94 A dj. Flow h 7 117 2 2021 1 1 1440 RTOR Re duction (vp 0 1 0 0 0 12 0 0 . T urn Type Spirt split PM+0V Prot Prot Protected Ph ases 4 4 3 3 1 Permitted Phases 3 Actuated Greer, C (s) 3.0 6 53.3 1.4 71.2 47 .2 1 � 7k E ffective G reen, s) .0 3.0 '.3 3 + 4 73.2 49. �11 Ac � L4ti4F h�4V ;/�J j��} Y Clearance Times +0 6.0 6.0 ,o .0 V e h ic l e Extension s . 3. 3a W /� A+i /� Lane Gr C ap (vph ) 5 9 101 1060 40 1704 1111 71 #Y, 7� 1�/ R Prat v/s Ratio Perm X0.01 0. 02 e . 0.00 c0-67 0.24 0,41 Ra tio Uniform Delay, d1 0.15 0,31 ' 0.06 1.00 9.05 1 .1 Progression Factor 71.4 1.00 68. 1. 00 47.1 1.00 72.7 OP70 39.4 1.04 4 55 6.0 Incremental Dela Q 12 1.7 27.1 0.2 86.7 1.00 2.4 1.00 0.2 D elay s 72.7 70.6 74.1 51.4 127:6 A pproach e Delay (") 72.7 J YC� � 1 Approach LOS .2 . F C K'. 3 = f H CM Average C Delay .. f� . � '/ //IIJ��J ..� ��Jj�1 L o � l f ��! l f�l.! �r� Service I+/Y HCM Volume to Cepecfty ratio 1.07 A ct uat e d Cycle L ength (s) 152. Sum o l ost time (s) 16 .0 Intersecti Capacity Ufflization 107.1% ICU Le of Serum � Analysis Period (ruin) c Critical sane Group 2/$/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 E M. ' t , c u F fin T 'z s Yj A �ane Configurat ` Volume (v 241 839 340 182 231 21 141 502 62 90 159 900 Ideal Ploy Np pl} 1900 1 900 1 900 1900 1 900 1 1900 1900 1900 1900 � Total Lost time s 4,0 4,0 4.0 4,0 4.0 4. Lane OR. Factor 0.91 0.91 1.00 1,00 0.95 1 .00 O�95 1.00 1.00 0,95 •0 1, R Protected .00 1 .00 0.85 1.0 0.99 too .� f . � Said. Flog (prat) 161 3367 1,00 1583 Oiif 177 1,00 ., �+f�l5! � ,� 3539 � , ��•+y[ �++ 1, j 1 r 00 Flt 1 SJf r� Fi ed r .�f 4f 1. I r 0.1+ 1.00 1 . 00 1. 0"-. 2L_., 1610 3367 1583 1770 3496 9 3539 1 683 ■ 7 3630 1 583 f factor, PHF 0 .9 8 0. 0.98 / .9 8 0.98 0.98 .../ 0.98 0,98 0.98 0,98 0 A dj . Flow (vph) 246 346 347 186 286 21 144 512 63 92 1624 337 RTOR Reduction (vph) 0 0 43 0 4 0 0 V 22 0 0 Lame Groff Floes ( vp h) 1 92 400 30 186 253 0 14 512 41 92 1 624 Tura Type Protected Phases Split 4 4 PM+0V 6 split � pry +pt pM +o p p t p rn+ ov Permitted Phases 4 Actuat G reen, G s o 20.0 36 .0 21.1 21.1 86.9 72.9 94,0 5 84,9 70. Effective G reen, s 22.0 22.0 40 . 0 23.1 23.1 92.9 74. 98.0 88.9 72. k Ac tuate d /C Ratio 0 . 14 0 0 i 0 . 15 0.15 0.61 0.49 0.64 o. 6 0 .4 8 0 Clearance Time 0. 0 6iV 6,0 6.0 6.0 6 6.0 6.o V e h ic l e Ext ension H f .o . 3.0 io � �. Y 0 L ark G rp Cap (ph 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) 150 933 759 3034 313 214 iJ Ratio Prot .04 0 c 0-16 cO.2 0.21 v /s Ratio Perm 0.02 0.05 Wc R atio 0,44' 0.19 0.72 0.34 0.08 0.35 Uniform Delay, d 60.3 35.3 49.3 2.0 11.2 13.5 Progression Factor 1.00 1,00 1. 1, 140 1 moo Incremental Delay, d2 2 9.1 3.3 0.3 0.5 0.4 Delays) 52.9 35A 53.0 2.3 11.7 13.9 Leve o Service E D A B Approach Delay 39.0 0.0 19.8 11 App roac h L OS D A yy - y � i _ '':f. �Z� • . FY.'� : t ' ..1 a .tr s y *., a ®,a HCM Average Control Delay 21 .8 HCM Level of Service : HCM Volume to Ca pacity ratio 0.44 Actuated Cir Length 1 38.0 Sum of l ost time W 8. Intersection C pao4 Utilization 51.9% IOU L el of & Ice A An a ly sis Period (min) 1 o Critica Lane Gr 2 /81201 0 Jeff I ngham. P Board of Commissioners Meeting 07/12/2010 16 -7 -81 : Gordon Military Cutoff N: 1218221docsliraffi6synchra12013 build outlF'M 2013 build out.syn Mb a / .: ,• y at+ figuratio s e E „ - .. Vo lume ( o Ideal Flow NON 1900 T to l L t t ime \ \ \1 / 4 . I i ■Y+ L ai l \! 1 1 Factor 1 .00 Frt 0. Fit Protected I.00 Sai Float pr t 15 FIt Permitte 1 .00 S td, Flow (perT2 1583 Peak fac tor, PHF 0.91 Adj. Flow RT R R eduction (v L ane Grog Ffowv ( yeh ) 2 4 Tum Type Perm Protect Pha Permitted Ph ases 8 A G reen, G (s) 81.8 Effective Greer, g () 83. Actuated g/C patio 0,61 learaflce Time .0 Vehicl Ext ension Csj 3.0 Lane Grp Cap ( vph ) 961 Is Rat Prot v R atio Perm 0,02 v Ratio 0,02 Uniform Delay, di fie. Progression Factor 1.00 Incremental D d2 0.9 Del ( 10 .9 Level of Service Approach Delay (s Approach LOS {ray }+ y ys r "�. T y� . }'�' x Y' S' Y' f_, 1'_ � �i Y�i�i +�i S.r M._ II - _ {s e u n i v " 2/8/2010 Jeff Ingha , P Board of Commissioners Meeting 07/12/2010 16 -7 -82 Military Cutoff & Market 218/201 Je ff Ingham, P Board of Commissioners Meeting 07/12/2010 16 -7 -83 N: 121622\docsktraffic\synchroTO13 build outkPM 2013 build o t.syn A o t , e Large Configurations Volume (vph) 5 4 1 72 4 1 2 1944 2 784 14 1 900 1900 1300 1 900 1 900 1 900 1 900 1900 Total Lost time s) 4. 4 .0 4. Lane M I. Factor 1 .00 1.00 0.88 1.00 0.95 0.97 9.95 Flt 0.99 0.98 1.00 0.85 1.00 1 1 1 Sat d. Flog pr t 1 793 0 1778 1.00 2787 0.95 1770 1.00 353 0.95 3433 1.0 3539 Sri #d, Flog 0.98 0,95 1 .00 0.95 1.00 0.95 1. 00 errs 1793 1778 2737 1770 3539 M 3539 Pea -hour factor, PHF 3.94 0.94 0.94 0.94 0,94 0.94 0.94 0,94 0.9 O ,9 [[}} 0.9 11 o68 2 334 1 440 0 f RT Reduction (vph f 0 1 0 0 9 121 0 0 0 0 Lane Grog to 0 0 � 1030 *� 2070 +� 834 1440 T urn Typ split Split Pry +oar Prot Prot Prote Ph ases 4 4 3 1 5 2 1 . Permitt Phases Actuated Green, G s) 3 8 ►7 52.6 ' 56 .6 1A 72 . 4. 43 114. E ffective G reer, g (s) 5.0 10.7 3 .4 74,E 45 116. Ac tuated Ratio 0.03 0,07. 0.37 0402 0.49 0.77 Clearance Time () �0 6.0 6.0 0,0 6.0 . r 6. Vehicle ct nsio! 1 3r0 .0 3.0 3.0 a . r`�.cyf {{ Lane Grp Cap (Rh) 59 125 1038 40 1 732 X 1 037 27 v R Prot GO-01 0.05 00.31 0.00 CO- 0,24 0 v/s Ratio Perm 9.07 #1 Wo Raba U niform Dela dl 0. 15 71.4 0.65 1,02 o.o5 1.20 . Progression Factor 1.00 68.8 1.00. 47 +7 1.00 72 .7 0.71 38.8 1 , 05 48.9 1 Dela 1.2 11,0 33. 0.2 90.0 . 4.6 0 D L evel of Service 72.7 79.8 81.1 51.5 130, + 2 Approach Delay ( E 72,7 E 81.0 F - D F pproa ch LOS . �r IF C ' F 4 t a: } s HCM Average C ontrol De lay 6 C L Se rvice � H Vo t Ca pacity ratio 1, Actuated Cycl Length s) 1 S um of lost times 16,0 Intersection Ca p ae ft y Utilization .o ICU Lev $� An aly s is ��ld �� o Crit L ame Group 218/201 Je ff Ingham, P Board of Commissioners Meeting 07/12/2010 16 -7 -83 Site access & Military Cutoff 2/8/2010 Jeff Ingham, PE Board of Commissioners Meeting 07/12/2010 16 -7 -84 N '\21 622\docs\traffic\synchro� 013 build ouAPM 2013 build out.sy E e s n e L ane Confi V (vet) 0 so 1136 65 0 766 S ign Contro S top Free F ree G rade 0% 0 % Pea Ho ur Factor 0.90 0.90 Y 90 om 0.90 0.90 H ourly flo rat p 1262 72 0 851 P L ane Width Wal king Spee (ttls) Percent Blockage Right turn flare (v eh) M type N one N one M e dian storag veh) U pstream #t si { 252 A p latoon unblocked v , conflicting volu me 1 724 667 1 334 X1, stage 1 conf voi v2, stage 2 conf vol vCu, unblocked vol 17 24 667 1334 t , s ingl e s) 6.8 6.9 4. 1 t, 2 stage () t i . . i pO queue free % 1 0 100 M capacity veh /h) 80 401 513 , La _,. .. c , i n 5'' VDIUme Total 56 841 493 426 426 t Vol ume Left 0 0 0 0 0 V Right c H 401 1700 1700 1700 1700 Volume t Capacity 0.14 0.49 0,29 0.25 0. 25 Queue Length 95 th (ft) 12 0 0 C ontrol Delay 15.4 0.0 0.0 o. 0 o. L ane LOS App roach Delay s 1554 0.0 0. Approach L S v r t g r , y Average vela .. 4 I ntersectio n R Capa i �i ■ J % I Level Service ��+ Analysis Period (rein) 15 111 2/8/2010 Jeff Ingham, PE Board of Commissioners Meeting 07/12/2010 16 -7 -84 12: Existing access & Market N: 121622 ldocs\#rafficEsynchroV2013 build ouftPM 2013 build out.5yn i it •-` ;[ •,., it '�' w . .. . .. .i a I� h $ „u n L ane C onfigurations �► Sig Cont Stop F ree F ree Grade 01Y0 0% 0% P Hour Factor 0. 0 .94 0 0 0. Hourly flew rate (vph) 0 10 3186 47 0 2260 Pedestrians Lane Width (ft) W ing Spee (Ws Percent Blockage Right turn flare (veh) Median type None None Median storage veh) Upstream signal ) 400 PX, platoon unblocked 0.51 0.51 0.51 v , conflict volume 4311 1593 3233 v 1 } stag 1 conf vol vC , stage 2 con conf vol v u, unblocked vol 5547 267 3453 t, sin gle s) 6.8 6.9 4.1 t , 2 st age (s) y t1 t 1 3 - p queue tree % 100 97 10 cM capacity (vet) 0 376 3 Am LF Sw r Vol ume "off 10 1593 1 593 47 1 126 1 V o l ume Left 0 0 0 Vol ume Right 1 c S H 376 1700 1 700 1 700 1700 1740 Vo to c 0.03 0.94 0.94 0,03 0e66 0.66 Q ueue L ength 95th 0 0 Control D elay (s) 14. 0.0 0.0 ,Y 0.0 0. Lane LOS B App ro a ch D 1 4.8 0. U + Approach LOS .. ., r, Averag l �+ - ._ - - -_ V. Interseetbn Capacity Utilizabon 92.8% ICU Level Of Service Analysis P eriod (rein) 1 218/201 Jeff Ingham, P Board of Commissioners Meeting 07/12/2010 16 -7 -85 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 Board of Commissioners Meeting 07/12/2010 16 -7 -87 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 Board of Commissioners Meeting 07/12/2010 16 -7 -88 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 Board of Commissioners Meeting 07/12/2010 16 -7 -89 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 Board of Commissioners Meeting 07/12/2010 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 07/12/2010 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 Board of Commissioners Meeting 07/12/2010 16 -7 -92 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 Board of Commissioners Meeting 07/12/2010 16 -7 -93 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. Board of Commissioners Meeting 07/12/2010 16 -7 -94 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 Board of Commissioners Meeting 07/12/2010 16 -7 -95 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 = lL O CD C) O x , A + C (D -0_ CD U) 0 'a C _ ' .L U) U L C c.6 c:) W O �N � co E 0 CY) *Z O cn L -c (D CU E E C CL lL O CD C) O x , A + C (D -0_ CD U) 0 'a C _ ' .L U) U _ c: M � c r- ` 0 O L -c + c C co QD cc Cf C C CO) C1 t E M v M Board of Commissioners Meeting 07/12/2010 16-7-104 ffi WE C) a- 1 co A � A i CV 0 N - cir LL COD w � 4► 'E o 2 CL CL CL L 0 i ts r N 2 + C E Z. r.L 0 C CL C " 0 O O � C C c C13 to M CL CD L CL E E E w a p a ■i SITE P140TOS 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 Bahr „F � • ",._" } ti, � � . ;� t , .fi W Tk, I, 'ru 1 41 Al if ,�.. f k' 1 CO D A t :+ ,y 1 rrys "p 4 � � I i ... • - ill it. �� *All ,YY er = t M 'I�R.FC� - r�`i� +�,�lr • "M1 I LL �,p t . R a ' x} A =` ' . a Ir LIN cn GGGI CA gr.. — � � •',��'Fr t, i s 5 - � �.. — �' x ■ * - y�P4. �I a : " 4 s F i w 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 Board of Commissioners Meeting 07/12/2010 18 -1 -37 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 18 -1 -38 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 Board of Commissioners Meeting 07/12/2010 18 -1 -39 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 18 -1 -40