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December 15, £003 Page 315 (G-16) Granting of Utility Easement at the New Bethel Elementar~ School to the City of Concord The proposed utility easement for the new Bethel Elementary School was removed from the November agenda. Since that time, Jonathan Marshall (Commerce Director) and Mike Downs (Deputy County Manager) met with representatives of Midland, Cabarrus County Schools, the City of Concord and the Water and Sewer Authority to discuss the engineering for the sewer service. In a Memorandum dated December 12, 2003, Mr. Marshall wrote that the concerns by the Town of Midland have been addressed. He recommended approval of the sewer easements so that construction of the new school can remain on schedule. UPON MOTION of Commissioner Privette, seconded by Commissioner Carruth and unanimously carried, the Board granted the sewer easement (located on Parcel Pin # 5544261561) to the City of Concord, North Carolina for the new Bethel Elementary School and authorized the Chairman to execute the Agreement on behalf of Cabarrus County. Description of Right of Way: Ail that certain strip of land situated in Cabarrus County, North Carolina, within the boundaries of or in the vicinity of north side of Midland Road, same being twenty feet in width and extending for an approximate length of 875 feet. Exhibits A, B and C showing the sanitary sewer right-of-way/easement were included as a part of the Agenda. ITEM REMOVED FROM CONSENT AGENDA FOR DISCUSSION (G-12) Cable Television Rate Review Findings - Approval of Time Warner Cable's Proposed Basic Rate of $7.24 Per Month Mr. Day presented the request by Time Warner Cable to increase the basic rate by 46 cents per month for 2004. He stated the County's cable television consultant (CABLTRAC Associates) had reviewed the requested rate request and found it to b~ in compliance with Federal Communications Commission (FCC) regulations. In accordance with the County's Cable Television Ordinance, a notice of the proposed rate increase was published in THE INDEPENDENT TRIBUNE on November 9, 2003, to give residents an opportunity to review Time Warner's request and comment on the rate increase. No public comments were received. There was discussion regarding the requested rate increase and the requirement for local government approval if the cable rate increase meets FCC requirements. Each Board member stated opposition to the rate increase and cited the following concerns: (1) unfairness of the increase with Time Warner providing no additional services; (2) no assurance that Time Warner employees will be getting a pay increase; and (3) the current economic conditions in Cabarrus County, specifically the high unemployment rate and the large number of foreclosures. It was suggested that local citizens should contact their congressman regarding the approval process for cable rate increases. UPON MOTION of Commissioner Carruth, seconded by Commissioner Carpenter "with reluctance" and wi~h Commissioners Carruth and Carpenter and Chairman Freeman voting for and Commissioner Privette voting against, the Board approved Time Warner Cable's proposed Basic Rate of $7.24 per month, an increase of 46 cents, for 2004. (H) NEW BUSINESS (H-l) Naming of an Unnamed Easement off Highwa~ 200 as Huggins Road - Public Hearing - 6:30 p.m. Mr. Hartsell recommended that the Board proceed with the advertised public hearing but take no action at this time due to some legal issues associated with the road. Mr. Jonathan Marshall, Commerce Director, presented Petition C2004-01 (Street Naming) by James Burnette to name an unnamed easement off Highway 200 as Huggins Road. He stated a letter from the attorney representing the Furr estate outlined some of the issues associated with the road naming, including the annexation of the Furr estate into the City of Locust. The long dirt road is located off Highway 200 and is referred to as a ~farm road." The road provides access to a number of families, all of whom are currently addressed off Highway 200. It is difficult to provide emergency and medical services to those families due to the confusion of the addresses and the quality of the road. There have been recommendations from both the property owners and the Sheriff's Department that the road be named and the properties be addressed. Finally, Mr. Marshall stated staff does recommend approval of the naming but with the understanding that the issues need to be cleared up to make sure the naming is being done properly. At 7:15 p.m., Chairman Freeman opened the public hearing on the naming of an unnamed easement off Highway 200 as Huggins Road. The Notice of Public Hearing was published in THE CHARLOTTE OBSERVER (Cabarrus Neighbors) on November 30 and December 11, 2003.