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HomeMy WebLinkAboutAgenda - 08-20-2002 - 8s 1 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: August 20, 2002 Action Agenda Item No. SUBJECT: Amendment to the Joint Planning Agreement (JPA-1-02)to Provide a Linkage with the Water and Sewer Management, Planning and Boundary Agreement DEPARTMENT: Planning and Inspections PUBLIC HEARING: (YIN) No ATTACHMENT($): INFORMATION CONTACT: Craig N. Benedict, ext. 2592 • April 17 Joint Planning Public Hearing Minutes Gene Bell, ext. 2589 • Chapel Hill and Carrboro Resolutions of Adoption • Text of Proposed Amendments TELEPHONE NUMBERS: • Resolution of Adoption Hillsborough 732.8181 Chapel Hill 968-2700 Durham 688-7331 Mebane (336) 227-2031 PURPOSE: To consider adoption of a proposed amendment to the Joint Planning Agreement to provide a linkage with the Water and Sewer Management, Planning and Boundary Agreement. BACKGROUND: The Water and Sewer Management, Planning and Boundary Agreement was developed by a task force over a period of seven years. Task force membership included elected officials and staff from Orange County, Chapel Hill, Carrboro, Hillsborough, and OWASA. The Board of County Commissioners on December 3, 2001 adopted the agreement in its final form. The preamble to the agreement states the following purposes: 1. To provide a comprehensive, County-wide system of service areas for future utility development and interest areas for dealing with private water and wastewater system problems in areas without public water and sewer service. 2. To complement growth management objectives; land use plans and annexation plans in existing agreements, such as the Orange County-Chapel Hill-Cantoro Joint Planning Agreement and Joint Planning Area Land Use Plan. 3. To resolve in advance and preclude future conflicts about future service areas and annexation areas. 4. To provide for predictable long-range water and sewer capital improvement planning and financing. 5. To provide for limitations on water and sewer service in certain areas, as defined. Linking the Water and Sewer Management, Planning and Boundary Agreement with the Joint Planning Agreement is part of an overall strategy to align local government land use decisions with public water and sewer permitted areas. Accordingly, inconsistent requests for land use P 2 amendments by third persons seeking connection to public water and sewer systems would not be recommended for approval. This method is used in other areas around the country to ensure that local government utility plans and land use plans are not thwarted through demands by land owners and the development community insisting that public water and sewer connections be made contrary to the planned service area of the utilities. The Water and Sewer Management, Planning and Boundary Agreement already contains a reference to the Joint Planning Agreement in Section II.H. The proposed amendment incorporates the Water and Sewer Management, Planning and Boundary Agreement into the Joint Planning Agreement thus formalizing its provisions as land use planning requirements that have the effect of law. Proposed amendments to the Joint Planning Agreement include: 1. Addition of the word "LINKAGE" at the end of ARTICLE 1. PURPOSE, DEFINITIONS, EFFECTIVE DATE; 2. Inclusion of a new Section 1.4 entitled "Linkage with the Water and Sewer Management, Planning and Boundary Agreement;" and 3. Incorporation of Appendix A, the map entitled Water and Sewer Management Planning and Boundary Agreement, as Exhibit B to the Joint Planning Agreement. Proposed text amendments are depicted in bold underline in the attachment. This item was presented at the April 17, 2002 Joint Planning Area Public Hearing. Resolutions of adoption were approved by the Chapel Hill Town Council on May 29, 2002 and the Carrboro Board of Aldermen on June 11, 2002. Both resolutions are included as attachments. The Orange County Planning Board considered this item on August 7 and recommended approval. FINANCIAL IMPACT: None. RECOMMENDATION(S): The Administration recommends approval of the proposed amendments to the Joint Planning Agreement. 3 APPROVED 6118102 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS CARRBORO BOARD OF ALDERMEN CHAPEL HILL TOWN COUNCIL April 17, 2002 The Orange County Board of Commissioners met in joint session with the Carrboro Board of Aldermen and the Chapel Hill Town Council on Wednesday, April 17, 2002 at 7:30 p.m. in the board room of the Southern Human Services Center in Chapel Hill, North Carolina for the purpose of holding a Joint Planning Area Public Hearing. COUNTY COMMISSIONERS PRESENT: Chair Barry Jacobs and Commissioners Margaret W. Brown, Moses Carey, Jr., Alice M. Gordon and Stephen Halkiotis COUNTY ATTORNEY PRESENT: Geoffrey Gledhill and Sean Borhanian COUNTY STAFF PRESENT: County Manager John M. Link, Jr., and Clerk to the Board Beverly A. Blythe (All other staff members will be identified appropriately below) TOWN OF CHAPEL HILL COUNCIL MEMBERS PRESENT: Mayor Kevin C. Foy and Council Members Flicks Bateman, Pat Evans, Ed Harrison, Mark Kleinschmidt, Bill Strom, Dorothy Verkerk, Jim Ward, and Edith M. Wiggins CARRBORO BOARD OF ALDERMEN MEMBERS PRESENT: Mayor Michael R. Nelson and Aldermen Mark Dorosin, Jacquelyn Gist, John Herrera, Diana McDuffee, Alex Zaffron, and Joal Hall Broun NOTE: ALL DOCUMENTS REFERRED TO IN THESE MINUTES ARE IN THE PERMANENT AGENDA FILE IN THE CLERK'S OFFICE. A. OPENING REMARKS FROM THE CHAIR Chair Jacobs welcomed everyone to the meeting. He said that there would probably be more joint meetings like this in the future with the implementation of the new County's comprehensive plan. B. PUBLIC CHARGE Chair Jacobs dispensed with the reading of the public charge. Commissioner Brown arrived at 7:45 p.m. C. JOINT PUBLIC HEARING 1. Joint Plannina Agreement Amendment JPA-1.02 Planning Director Craig Benedict made this presentation. He said that this is a proposed amendment to the Joint Planning Agreement to provide linkage with the Water and Sewer Management, Planning and Boundary Agreement. He showed the water and sewer service areas on a map. He made reference to the replacement pages for pages 12-13 (blue paper), which added some clarification to the language. He read the new language. He said that the staff tried to leave the existing Joint Planning Area Agreement intact and just provide the linkage language that would link it to the Water and Sewer Management Planning and Boundary Agreement. In answer to a question about the area east of Hillsborough, Craig Benedict said that this area was designated as the Orange County Primary Interest Area, and the decision on how water and sewer is provided would be made by Orange County. At this time,there is an emergency interconnect feed in Hillsborough and Durham in this area. Barry Katz said that the current rural buffer is in the OWASA long-term interest area and he asked for comment from OWASA and Orange County on why the rural buffer is not in the Orange County 4 long-term interest area. Craig Benedict said that we have looked at what areas and what watersheds can be most easily served by a utility authority. In this case, the area is presently served in part by OWASA. For fiscal efficiency, it was best that OWASA would be the best entity to continue services to this area. He will provide a copy of this agreement to Mr. Katz. Commissioner Gordon said that her recollection is the same in that the idea was to have the long-term service area be the nearest utility provider. Chair Jacobs said that since the County is not in the water business, the County yields to the water utilities. That is the simplest way. Commissioner Brown made reference to the urban services boundary and said that it has an aspect that the utilities were possibly in a position of creating the future for Chapel Hill, Carrboro, and Orange County by extending water and sewer. This water and sewer boundary agreement puts the, responsibility on the elected boards to create the future in terms of land planning, etc. Craig Benedict said that the JPA agreement is a land use document and a coordination document. He said that what we are suggesting is to link these two existing agreements and make both of them stronger. There was no one from the public who wished to speak to this item. Pat Evans said that in the last year our nation, our state, and everyone else have seen changes. She suggested that we might want to think about an additional issue, which would come as an exception to this agreement. She is very supportive of urban boundaries because she thinks it is a way of controlling sprawl. At the Chapel Hill Town Council's last meeting they adopted the SAPFO memorandum of understanding. She said that our school district is greater than our municipality districts. She said that if we were to make an exception only on the basis of schools and make it with some restrictions, she thinks it would have several benefits. The land outside of an urban boundary is valued for what it can be used for. If the school system could purchase land outside of an urban boundary, the land would be cheaper. She does not feel it will cause sprawl. She feels there are going to be additional problems with trying to locate schools and parks together. There is a site being considered for a school that is now inside of the urban boundary. However, if this amendment is adopted, it will be outside of the urban boundary. Chair Jacobs responded by saying that several work groups have been set up with the two school boards. He said that the County Commissioners have the same concerns that the land acreage that is recommended by the state promotes sprawl and it pushes the schools to the edges of the urban service area because the land is cheaper. There will be conversations in the worts groups about acreage requirements. He said that we could add to the discussion putting schools in the rural buffer. He pointed out that this is not the direction that the County Commissioners are going, but they are willing to discuss it. Joal Broun asked about the size of the high schools and if this was based on the number of students or the acreage. Chair Jacobs said that there would be a committee made up of the chairs and vice-chairs of the Board of County Commissioners and the two school boards. This committee is going to look at the assumptions about the projections, the type of facility (500, 700, 1500-student), and the acreage. Joal Broun asked at what time the public would be able to comment on the potential location, type, and size of high schools. Chair Jacobs said that a schedule would be developed to have the issues resolved by the end of this year. Commissioner Gordon said that she thought this high school group was going to try to make a recommendation before the end of June so that it could be included in the Capital Investment Plan (CIP). Chair Jacobs said that they will probably make a recommendation by the end of the year. He feels that there is a proposal that will be included in the CIP. A motion was made by Commissioner Halkiotis , seconded by Commissioner Carey to refer this item to the Towns of Chapel Hill and Carrboro to refer this as appropriate under their land use regulations and to refer it to the Orange County Planning Board for a recommendation to be returned to the Orange County Commissioners no sooner than June 4, 2002. VOTE: UNANIMOUS 5 I, Joyce A. Smith, CMC, Town Clerk of the Town of Chapel Hill, do hereby certify that the attached is a true and correct copy of Resolution 2002-05- 29/R-7 adopted by the Chapel Hill Town Council on May 29, 2002. This the 25th day of July, 2002. Joy()A with, CMC �- Town Clerk G� Z L �1 �•y� O (� ��8 CAR�yy 6 A RESOLUTION AMENDING THE JOINT PLANNING AGREEMENT TO LINK THE WATER AND SEWER MANAGEMENT,PLANNING AND BOUNDARY AGREEMENT TO THE JOINT PLANNING AGREEMENT(2002-05-29/R-7) WHEREAS, Orange County, the Town of Chapel Hill, and the Town of Carrboro entered into a Joint Planning Agreement, dated September 22, 1987, as amended; and WHEREAS, Carrboro, Chapel Hill, Hillsborough, Orange County and OWASA worked for a number of years toward developing a Water and Sewer Management, Planning and Boundary Agreement, and the Orange County Board of Commissioners adopted the Agreement in its final form on December 3,2001; NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council approves the following amendments to the Joint Planning Agreement: 1) Amend Article 1 to read: ARTICLE 1.PURPOSE,DEFINITIONS, EFFECTIVE DATE,LINKAGE 2) Add Section 1.4 to read: Section 1.4 Linkage with the Water and Sewer Management, Planning and Boundary Agreement The Water and Sewer Management, Planning and Boundary Agreement (hereinafter WSMPBA) is incorporated into this agreement by reference. A copy of the WSMPBA is exhibit B to this agreement. Termination of the WSMPBA does not terminate,this agreement. The withdrawal by a party from the WSMPBA does not constitute withdrawal from this agreement. Termination of this agreement or withdrawal from this agreement can only be accomplished as provided in this agreement. 3) Incorporate Appendix A, the map entitled Water and Sewer Management, Planning and Boundary Agreement, as Exhibit B to the Joint Planning Agreement. BE IT FURTHER RESOLVED that the Council authorizes the Manager to transmit this resolution to Orange County for consideration by the Orange County Planning Board and Orange County Board of Commissioners. BE IT FURTHER RESOLVED that the Council authorizes the Mayor to execute, on behalf of the Town,these amendments to the Joint Planning Agreement. This resolution shall become effective upon adoption by the governing bodies of Orange County, Chapel Hill and Carrboro. This the 29th day of May, 2002. TOWN OF CARRBORO 7 NORTH CAROLINA C The following resolution was introduced by Alderman Joal Broun and duly seconded by Alderman Mark Dorosin. A RESOLUTION ADOPTING A JOINT PLANNING AGREEMENT AMENDMENT TO PROVIDE A LINKAGE TO THE WATER AND SEWER BOUNDARY AGREEMENT Resolution No. 165/2001-02 Whereas, Orange County, the Town of Chapel Hill, and the Town of Carrboro entered into a Joint Planning Agreement, dated September 22, 1987 and as amended; and WHEREAS, Carrboro, Chapel Hill, Hillsborough, Orange County and OWASA worked for a number of years toward developing a Water and Sewer Management, Planning and Boundary Agreement, and the Orange County Board of Commissioners adopted the Agreement in its final form on December 3, 2001; NOW THEREFORE, BE IT RESOLVED by the Board of Aldermen of the Town of Carrboro that the Board approves the following amendments to the Joint Planning Agreement: 1) Amend Article 1 to read: ARTICLE 1. PURPOSE, DEFINITIONS,EFFECTIVE DATE, LINKAGE 2) Add Section 1.4 to read: Section 1.4 Linkage with the Water and Sewer Management, Planning and Boundary Agreement The Water and Sewer Management, Planning and Boundary Agreement (hereinafter WSMPBA) is incorporated into this agreement by reference. A copy of the WSMPBA is exhibit B to this agreement. Termination of the WSMPBA does not terminate this agreement. The withdrawal by a party from the WSMPBA does not constitute withdrawal from this agreement. Termination of this agreement or withdrawal from this agreement can only be accomplished as provided in this agreement. BE IT FURTHER RESOLVED that the Board of Aldermen authorizes the Manager to transmit this resolution to Orange County for consideration by the Orange County Planning Board and Orange County Board of Commissioners. 301 WEST MAIN STREET, CARRSORO, NC 27510 • (919) 942-5541 • FAX (919) 918.4456 • TOO (800) BZ6-7853 AN EQUAL OPPORTUNITY PROVIDER Page 2 S Town of Carrboro Resolution No. 165/2001-02 BE IT FURTHER RESOLVED that the Board of Aldermen authorizes the Mayor to execute, on behalf of the Town, these amendments to the Joint Planning Agreement. This resolution shall become effective upon adoption by the governing bodies of Orange County, Chapel Hill and Carrboro. The foregoing resolution having been submitted to a vote, received the following vote and was duly adopted this 11th day of June 2002: Ayes: Joal Hall Broun,Mark Dorosin,Jacquelyn Grist,John Herrera, Michael Nelson, Diana McDuffee,Alex Zaffron Noes: Absent or Excused: None 1, Sarah C. Williamson, Town Clerk of the Town of Carrboro, do hereby certify that the foregoing is a true and correct copy of a resolution adopted by the Carrboro Board of Aldermen at its meeting on June 11, 2002. ``oetn�n�grura r _ `Az:.`a�ORPOR4r, Town Clerk Excerpt from Joint Planning Agreement 9 September 22, 1987 Amended April 2, 1990 Amended September 30, 1998 Amended February 2, 1999 JOINT PLANNING AGREEMENT THIS AGREEMENT,made and entered into this 2nd day of November, 1987,by and between the COUNTY OF ORANGE, a political subdivision of the State of North Carolina,the TOWN OF CHAPEL HILL, and the TOWN OF CARRBORO,municipal corporations duly created and existing under the laws of North.Carolina. WITNESSETH: In consideration of the public benefits expected to flow from the cooperative efforts of the parties in establishing a coordinated and comprehensive system of planning within their respective areas of public concern, the parties to this Agreement hereby mutually agree as follows: ARTICLE 1. PURPOSE,DEFINITIONS,EFFECTIVE DATE ,LINKAGE Section 1.1 Purpose of the Agreement The purpose of this Agreement is to establish a method of coordinated and comprehensive planning in the Orange County-Chapel Hill-Carrboro Joint Planning Area, as defined herein. Section 1.2 Definitions A. Joint Planning Area. The area within the Rural Buffer and Transition Areas designated on the Joint Planning Area Land Use Map lying outside the extraterritorial planning jurisdiction of Chapel Hill and Carrboro. B. Joint Planning Area Land Use Plan. The Orange County-Chapel Hill- Carrboro Joint Planning Land Use Plan dated April, 1986, adopted by Orange 1 Excerpt from Joint Planning Agreement 10 County August 19, 1986 (revised October 13, 1986), amended May 4, 1987 and as it may be amended from time to time. C. Joint Planning Area Land Use Map. The Orange County-Chapel Hill- , Carrboro Joint Planning Area Land Use-Map, adopted August 19, 1986 (revised October 13, 1986) and as it may be amended from time to time. D. Carrboro Joint Development Review,Area(CJDA). The area lying generally west of a division of the Joint Planning Area and shown as such on the copy of the Joint Planning Area Land Use Map attached to this Agreement, labeled Exhibit A, and incorporated herein by reference. Exhibit A is appended to this Agreement solely for the purpose of indicating the CJDA and the CHJDA boundary. Exhibit A is an accurate copy of the Joint Planning Area Land Use Map as of the effective date of this agreement. However, it will only be changed as the Joint Planning Area Land Use Map is amended if the Map amendments change the location of either the CJDA or the CHJDA. E. Chapel Hill Joint Development Review Area(CHJDA). The area lying generally east of a division of the Joint Planning Area and shown as such on the copy of the Joint Planning Area Land Use Map attached to this Agreement, labeled Exhibit A, and incorporated herein by reference. Exhibit A is appended to this Agreement solely for the purpose of indicating the CJDA and the CHJDA boundary. Exhibit A is an accurate copy of the Joint Planning Area Land Use Map as of the effective date of this agreement. However, it will only be changed as the Joint Planning Area Land Use Map is 2 Excerpt from Joint Planning Agreement 11 amended if the Map amendments change the location of either the CJDA or the CHJDA. F. Joint Courtesy Review Area. A portion of the northern Rural Buffer Area bounded on the east by I-40 and shown as such on Exhibit A. G. Rural Buffer. That portion of the Joint Planning Area designated on the Joint Planning Area Land Use Map as such and designated in the Joint Planning Area Land Use Plan as Rural Residential,Agricultural,Public/Private Open Space,Resource Conservation,Extractive/Disposal Use and the overlay district designated University Lake Watershed Area. This area is further defined as being a low-density area consisting of single-family homes situated on large lots having a minimum size of two (2)acres. The Rural Buffer is further defined as land which, although adjacent to an Urban or Transition area, is rural in character and which will remain rural, contain low-density residential uses and not require urban services (public utilities and other town services). H. Transition Area. That portion of the Joint Planning Area designated on the Joint Planning Area Land Use Map as such. This area is further defined as being in transition from rural to urban or already urban in density. Urban services (public utilities and other town services) are now provided to this area or are projected to be provided to this area. The portion of the Transition Area located in the CJDA shall be further divided into Transition Area I and Transition Area II on the Joint Planning Area Land Use Map. The Joint Planning Area Land Use Plan shall provide that,within Transition Area II, no 3 Excerpt from Joint Planning Agreement 12 tract may, after the effective date of this Agreement,be approved for development at a density that exceeds one(1)housing unit per gross acre until at least 75% of the gross land area of Transition Area I consists of any combination of. 1. lots containing one acre or less; 2. residential developments approved for development at a density of at least one unit per acre; 3. streets,roads and utility easements located outside of lots containing one acre or less; 4. lots or tracts that are used for commercial,industrial, institutional or governmental purposes; 5. tracts that are owned by the University of North Carolina or other non-profit entities and that are not available for development. This density limitation does not apply to Village Mixed Use districts or Office/Assembly districts as provided for in the Facilitated Small Area Plan for Carrboro's Northern Study Area. I. Development Permit. Major subdivision preliminary plat approval and any discretionary permit(whether called conditional or special use permit or some other term)issued by the Orange County Board of Commissioners, the Chapel Hill Town Council, or the Carrboro Board of Aldermen. J. Involuntary Annexation. Annexation authorized or undertaken pursuant to G.S. 160A-3 1, Article 4A,Part 3. K. Voluntary Annexation. Annexation authorized or undertaken pursuant to G.S. Chapter 16OA-31 or G.S. Chapter 160A,Article 4A, Part 4. 4 Excerpt from Joint Planning Agreement 13 Section 1.3 Effective Date and Duration A. This Agreement, except as provided below, shall become effective on the effective date of an Orange County ordinance(1) adopting this Agreement (after it has been approved by Chapel Hill and Carrboro); (2) amending Orange County s Zoning Ordinance(including Zoning Atlas) and Subdivision Regulations as prescribed in Section 2.1 of this Agreement; (3) amending the Joint Planning Area Land Use Plan to reflect the existence of Transition Area I and Transition Area II; and(4) amending the Joint Planning Area Land Use Map to show the location of Transition Area I and Transition Area II as indicated on Exhibit A. Any previously adopted Agreements shall become null and void upon this date. The Appendix to this Agreement shall become effective upon the execution of this Agreement. B. This Agreement, including any Appendix hereto, shall remain in effect until terminated by mutual agreement or by withdrawal of any party. Subject to termination provisions of this Agreement, annexation provisions of this Agreement shall be valid for not more than 20 years and may thereafter be renewed. A party may not withdraw until it holds a public hearing on the proposed withdrawal followed by written notices to the other parties within thirty(30)days of the public hearing. The withdrawal shall be effective one(1)year following receipt by the other party of the written notice. Withdrawal of one party shall not invalidate the Agreement with respect to remaining parties. C. Upon execution of this Agreement, the parties agree that each will take, in a timely manner and without unnecessary delay, all steps (including but not limited to preparation and adoption of Zoning maps, appointment of Transition Area 5 Excerpt from Joint Planning Agreement 14 representatives to Planning Boards and Boards of Adjustment, and all required land use ordinance amendments) required to cause this Agreement to become effective, and will notify the other parties when those steps have been taken. Orange County will notify the Towns by resolution when this Agreement becomes effective. This Agreement may become effective as to two parties pending completion of steps necessary to make effective a 3-party Agreement, Section 1.4 Linkage with the Water and Sewer Mannement, Planning and Boundary Agreement The Water and Sewer Management.Planning and Boundary Agreement hereinafter WSMPBA is incorporated into this a reement by reference. A copy of the WSMPBA is Exhibit B to this agreement. Termination of the WSMPBA does not terminate this agreement. The withdrawal by a party from the WSMPBA does not constitute withdrawal from this agreement. Termination of this a reement or withdrawal from this agreement can only be accomplished as provided in this a reement. 6 MOVE' M � ae 16 A RESOLUTION AMENDING THE JOINT PLANNING AGREEMENT TO LINK THE WATER AND SEWER MANAGEMENT, PLANNING AND BOUNDARY AGREEMENT TO THE JOINT PLANNING AGREEMENT WHEREAS, Orange County, the Town of Chapel Hill, and the Town of Carrboro entered into a Joint Planning Agreement, dated September 22, 1987, as amended; and WHEREAS, Carrboro, Chapel Hill, Hillsborough, Orange County and OWASA worked for a number of years toward developing a Water and Sewer Management, Planning and Boundary Agreement, and the Orange County Board of Commissioners adapted the Agreement in its final form on December 3, 2001; NOW, THEREFORE, BE IT RESOLVED by the Board of Orange County Commissioners that the Board approves the following amendments to the Joint Planning Agreement: 1) Amend Article 1 to read: ARTICLE 1: PURPOSE, DEFINITIONS; EFFECTIVE DATE, LINKAGE 2) Add Section 1.4 to read: Section 1.4 Linkage with the Water and Sewer Management, Planning and Boundary Agreement The Water and Sewer, Management, Planning and Boundary Agreement (hereinafter WSMPBA) is incorporated into this agreement by reference. A copy of the WSMPBA is Exhibit B to this agreement. Termination of the WSMPBA does not terminate this agreement. The withdrawal by a party from the WSMPBA does not constitute withdrawal from this agreement. Termination of this agreement or withdrawal from this agreement can only be accomplished as provided in this agreement. 3) Incorporate Appendix A, the map entitled Water and Sewer Management, Planning and Boundary Agreement, as Exhibit B to the Joint Planning Agreement. Upon motion of Commissioner seconded by Commissioner , the foregoing resolution was adopted this the day of , 2002. 1, Donna Baker, Clerk to the Board of Commissioners for the County of Orange, North Carolina, DO HEREBY CERTIFY that the foregoing is a true copy of so much of the proceedings of said Board at a meeting held on , 2002 as relates in any way to the adoption of the foregoing and that said proceedings are recorded in Minute Book No. of the minutes of said Board. WITNESS my hand and the seal of said County, this day of , 2002. Clerk to the Board of Commissioners