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students. There is a right-of-way of over 100 feet on Highway 57. The Town of Hillsborough has the capacity to serve the school site with water and sewer. Piedmont Electric has agreed to serve this site with natural gas if that is required. The geotechnical study has been completed and this site is excellent in terms of its technical characteristics. There are no wetlands or environmental issues which would be impacted by the schools. There is excellent site drainage. The property represents an excellent opportunity for a public-private partnership. Mr. Edwards, representing the Apex Northwest Partnership, has agreed to donate a site for the school and to pay 50% of the road construction cost from Highway 57 to the school. They have also agreed to pay 50% of the water and sewer costs when they actually access those water and sewer services. They have also agreed to donate the right-of-way for public use of the outer loop through the property. County Manager Link asked if there was a binding agreement to donate 18 acres for a school site or was the donation of the site contingent on the approval of the application. Mr. DeBruhl stated that there is a written agreement for 18 acres for a school site. However, this agreement has not been finalized. Mr. Whitaker stated that it is not contingent upon approval. The School Board has agreed to support and assist them in their effort to have this amendment approved. The school's attorney could more accurately answer questions about the legality of the matter. He stated that there is an agreement that has been signed for the 18 acres and they would be happy to produce a copy of that. Chair Gordon asked if it was 30 or 18 acres being considered for this school site? Mr. DeBruhl indicated that 18 acres had been carved out for the school site itself. There is contiguous property that will be open space and could be developed in conjunction with the County for a community park. He mentioned that the acreage is considerably more than the original 12 acres. The outer loop is under the control of DOT and they have approved the original layout that had been submitted to them which includes approximately 40 acres. He pointed out the 18 acres which are under signed contract with the School Board for a new elementary school Commissioner Brown stated that she was curious about this proposal for the school site being presented with the proposed amendment. She remembered that it had been clearly stated at another meeting that the school is not predicated on this rezoning. Sister Maria Bugge, of Holy Family Catholic Church, spoke in support of this proposal. This land cannot be developed because of the lack of water and sewer. Healthy growth will occur in this area if this request is approved. Joe Phelps stated that he and his parents own the adjoining Phelps farm tract. He is not against development but would like to have several issues addressed. He feels that the plan is being presented in a way as to mislead. He wanted to know how many houses are being proposed for this tract. He supports providing schools when they are needed but questions building several hundred homes on this site. He felt that many residents and local farmers would be requesting approval to develop their own land in the near future. He asked that the Board of Commissioners keep in mind that those Orange County residents' right to develop their land in the future needs to be protected. He hopes that the Commissioners keep in mind that others will be coming before them in the future to request approval and their future rights need to be protected. He stated that the Commissioners did not need to approve a 400 acre development to get an 18 acre school site. Mr. George Johnson, a member of Mars Hill Baptist Church, stated that the Church owns the right-of way on the south side near the cemetery. He asked that the County clarify that in this Q:119990221d.c