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A motion was made by Commissioner Carey, seconded by Commissioner Halkiotis to approve the cable consultant's review of a request by Time Warner Cable to increase rates charged for basic cable television service, installation, and equipment rental for 2004, and adoption of a rate order resolution based on that review in unincorporated Orange County. VOTE: Ayes, 3 (Commissioner Carey, Commissioner Halkiotis, and Commissioner Gordon); Nays, 2 (Chair Jacobs and Commissioner Brown) c. Proposed Addenda to the Interlocal Agreement on CHCCS High School #3 The Board considered approval of andlor discussion of two addenda to the interlocal agreement that became effective August 7, 2003 regarding the planned third Chapel Hill-Carrboro City Schools (CHCCS) high school; providing appropriate direction to staff regarding the proposed revision to Addendum B and the pertinent feedback received from the CHCCS. Chair Jacobs said that they have Addenda A and B. The Beard asked far changes that were made in Addendum A. The Board has asked and has not received a staff analysis of the response to Addendum B. He suggested that any questions about Addendum B should be asked now, but discussion should be reserved until the staff analysis is received. John Link said that they will respond to questions about Addendum A first. He said that the County Attorney responded to questions raised about Addendum A in late fall. In December, both addenda were sent to the school board without the Board's action. The school board approved Addendum A without any changes. There were three items in Addendum B that the school board did not agree to. A motion was made by Commissioner Gordan, seconded by Commissioner Carey to approve Addendum A. VOTE: UNANIMOUS Commissioner Gordon asked about Addendum B. She distributed a memo from Rod Visser to John Link in August 2003. She said that when she read the initial agreement, she thought that if the school board met the smart growth principles, that they could build a $30 million school. She made reference to the middle paragraph in the memo. She read as follows: "If the Board does ultimately approve the issuance of an additional $2.2 million in debt to increase the third high school project budget to $30 million, those funds would have to be earmarked for the school development/construction/equipping undertaking itself. In accordance with the County's own Debt Management Policy, `incurrence of debt ar long-term borrowing will only be used for the purpose of providing financing for capital projects...debt issuance will not be used to finance current operations or normal maintenance.' Furthermore, the Local Government Commission, which would approve and oversee issuance of the County's alternative financing instruments, would require that the debt be issued for purposes directly related to the acquisitionldevelopment!construction/equipping of the capital facility itself." She then read the last sentence, "If the Board wishes to provide additional emphasis andlor financial support to promoting these considerations (for example, by expanding public bus service to the new high school), staff will be happy to develop some options as to how that might be addressed in the budget." She asked the staff to do an analysis of this. She wonders if, in encouraging these smart growth initiatives, the County should put up same money. She would like the analysis to include how the $2.2 million will be allocated. Commissioner Brown asked what the Board is trying to accomplish. Chair Jacobs said that they are awaiting a staff analysis of pages 39-45 for Addendum B. If there is anything the Board wants staff to bring back, this is the opportunity to ask those questions. Commissioner Brown referred to page 40, number 4 and said that it is not clear what this means: "The Board of Education only waived its right to legal recourse to the first phase of the high school construction, not second phase." Geof Gledhill said that it relates to Addendum A and in the Board of Education's proposed Addendum A, there was language which would make it not applicable to anything but the first phase of the project because the smart growth concepts are likely to carry into additional phases. The draft of Addendum A that the Board just approved did not include this language. The Board of Education approved the language that the Board just approved, so it is not an issue. John Link said that their presumption is that the $2.2 million that will be provided to the school system is to be used to address all of the items articulated by the Board. There are three items that the school board has taken exception to. The staff will come back and speak to those elements and if those