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Craig Benedict: If I could add, one option in the search for sidewalk fairies, is that you could <br /> do a special assessment district that meets state laws. This district develops a plan and we <br /> develop construction costs plus maintenance costs. I want to make sure whatever we approve <br /> here doesn't preclude those options that will be discussed by Perdita Holtz this Thursday night. <br /> So, I think that what it says in here that they will not be responsible for construction or <br /> maintenance costs. In the future we cannot let them out of that because we don't know if it <br /> covers this property and other properties. Whatever motion that we have we need to make <br /> sure that we leave that opportunity for us to examine those options. <br /> Commissioner Yuhasz: Thank you for that clarifying statement. <br /> Commissioner McKee: I'm not so sure I'm as confident now as I was the other night. This <br /> thing reads, "installation,construction, and perpetual maintenance shall be assumed by a third <br /> party," and it specifies either the County or DOT. It doesn't name any other potential third <br /> party or even allude to the fact that there could be another sidewalk fairy. Is there anything in <br /> this wording that can in any way put Orange County in the sidewalk business. Because that it <br /> my concern. I don't want Orange County to become the sidewalk provider for the County—to <br /> private developers, to non-profit developers, or to anyone. <br /> John Roberts: In that particular wording, if you strike that wording, no, absolutely not. If you <br /> change the wording to, "any third party," that would be fine. The wording in itself does not bind <br /> Orange County in any way to constructing sidewalks. It says, "if a sidewalk is constructed and <br /> maintained by third parties....." If is not going to be a guarantee that something's going to <br /> happen. <br /> Commissioner McKee: That's not how I'm reading it; I'm reading it as installation, <br /> construction, and special maintenance shall be assumed by a third party. I'm on page 124, 15. <br /> I'm not trying to nitpick this thing, I just don't want to come up either a year from now or another <br /> board come up 15 years from now and finding out that we have missed something and we are <br /> suddenly in the sidewalk providing business. <br /> John Roberts: If you look at the last sentence, "if agreements cannot be reached on <br /> installation, construction, and perpetual maintenance costs, no sidewalks will be provided." <br /> That right there clears the County. The County would have to have an encroachment <br /> agreement with DOT before it could do any sort of sidewalk construction. I'm comfortable that <br /> it does not bind Orange County to any future constructing sidewalks out there. But, to make <br /> you comfortable, if you just delete, "Orange County or DOT" after "third party", you should be <br /> fine. <br /> Commissioner Gordon: Just in terms of clarity, I think it would be better to strike "either the <br /> County or NCDOT." <br /> A motion was made by Commissioner Gordon, seconded by Commissioner McKee to <br /> strike "Orange County or NCDOT" from the submitted language under this condition, <br /> consistent with the County Attorney's recommendation. <br /> VOTE: UNANIMOUS <br />