37
<br /> 1 the capital costs of the land, and then we have soft fundraising efforts that will go hard once we have a Special Use Permit
<br /> 2 approval to generate the capital costs for the construction.
<br /> 3
<br /> 4 Beth Bronson:And it would include the restroom facilities?
<br /> 5
<br /> 6 Patrick Cummings: That's correct.
<br /> 7
<br /> 8 Beth Bronson: Presumably, and so then as well, the cost of the well?
<br /> 9
<br /> 10 Patrick Cummings: That's correct.
<br /> 11
<br /> 12 Beth Bronson: Okay.Just wanted to see what the involvement was as far as the intention for investment versus intention to
<br /> 13 lease from the developer.
<br /> 14
<br /> 15 Patrick Cummings: Our intention is to purchase the land outright. We would honestly, HYAA has been party to generous
<br /> 16 people for the last 80 years, and we want to be party to ourselves, so we want to own this land,we don't want to have to
<br /> 17 come back before you in my lifetime.
<br /> 18
<br /> 19 Nathan Robinson: So your LOI is for exclusive use of the ball fields, and there's 8 of them, is that correct?
<br /> 20
<br /> 21 Patrick Cummings: That's the goal, yes.
<br /> 22
<br /> 23 Nathan Robinson: Okay, and your intention is to exclusively use them with the intention of maybe buying them someday?
<br /> 24
<br /> 25 Patrick Cummings: Well our intention is to buy them if we can immediately.
<br /> 26
<br /> 27 Leon Meyers:Anything else for Mr. Cummings? Thank you, sir.
<br /> 28
<br /> 29 Patrick Cummings: Thank you for your time.
<br /> 30
<br /> 31 Patrick Byker: Mr. Chairman, Madam Vice Chair, again Patrick Byker for the applicant. I realize y'all are well entitled to a
<br /> 32 few minutes break, but I just want to reiterate that we do have Mr. Tad Hardy who's a noise expert. If the board has any
<br /> 33 questions about that, I'll be happy to provide a summary of the evidence, and the legal principles if y'all wish to have that.
<br /> 34 But again, on behalf of the applicant,we respectfully ask for your approval, and our team is happy to answer any more
<br /> 35 questions that you have. Thank you very much for extending the meeting and listening to our case tonight. Thank you.
<br /> 36
<br /> 37 Leon Meyers: Should we take a break now before we go any further?
<br /> 38
<br /> 39 Beth Bronson: I mean,we have one more expert. Do we want to listen or no?
<br /> 40
<br /> 41 Patrick Byker: Do you want to hear from the noise expert that's, I'll defer to the board due to the lateness of the hour. And
<br /> 42 he's here to answer any questions.
<br /> 43
<br /> 44 Tad Hardy: Finally. Thank y'all. Good evening, my name's Tad Hardy. I'm with Kimley-Horn and Associates. I sit in our
<br /> 45 Charlotte, North Carolina office, 200 South Tryon, Suite 200. My qualifications are in exhibit M, and since joining Kimley-
<br /> 46 Horn back in 2012, I've been involved with a multitude of noise studies across the entire country ranging from vehicular
<br /> 47 traffic noise to residential, industrial, recreational, and various other things. I've got over 10 years experience working in
<br /> 48 the noise world so. I'm also a professional, or a licensed professional engineer in the state of North and South Carolina.
<br /> 49 My role on the team was to analyze the anticipated sound levels that would be associated with the project, and that
<br /> 50 includes the outdoor tennis courts, pickleball courts, and baseball, and softball fields. I did review the proposed project, as
<br /> 51 well as the applicable Orange County ordinances, and have analyzed data that myself and my team have collected at
<br /> 52 various similar recreational facilities which I can discuss in more detail in just a sec. A few quick things to note, noise is not
<br /> 53 the easiest thing to understand. It is law rhythmic in nature so generally when you're near a source, it starts up here, and
<br /> 54 then degrades over various distances, and the average rule of thumb is every time you double a distance, it goes down
<br /> 55 about 5 to 6 decibels. So, that being said,within Section 1653 of the Orange County code,for y'all's reference, 60 decibels
<br />
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