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Minutes - 19751103
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Minutes - 19751103
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11/3/1975
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Minutes
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11~ <br />Mrs. Garrett inquired, "Is there anyway that before County Deeds <br />are finalized that we can be advised of the matter?" <br />Discussion ensued concerning the Grady A. Brown facility. <br />Commissioner Pinney inquired of the County Administrator if the <br />County could not place No Trespass signs on the property; put locks <br />on the doors and have someone go through the buildings and pull the <br />main switches so the lights will be off; and have the doors and broken <br />windows boarded up. <br />C. Sediment Contrdl Ordinance. <br />Mr. Coleman inquired of the Board: "Are you inviting criticism <br />from other governing bodies as you have instructed me to meet with <br />the Attorneys from the Towns of Mebane, Carrboro, Hillsbarougki and <br />Chapel Hill - Now we need to know what you are wanting. We have <br />reviewed the Ordinance, what do you want us to accomplish in our <br />meeting with the Attorneys from the various towns?" <br />Chairman Garrett replied, "This is a Gounty-wide Ordinance and <br />they should proceed with their method by their Board and adapt the <br />Ordinance by Resolution or whatever method that is used in adopting <br />Ordinances; and secondly, there was some discussion concerning the <br />language in the opening paragraph of the Ordinance, specifically the <br />mentioning of the Towns that would adopt the Ordinance. <br />Mr. Coleman was advised to coordinate the policy procedure for <br />the adoption of the Ordinance. Each governing body should be aware <br />of the Ordinance. <br />The County Attorney was advised that if he felt a lengthy <br />criticism of the Ordinance was necessary then he should proceed to <br />present his opinion. <br />D. The Mae McLendon Appointment to the County Board of Sooial <br />Services. <br />', .. <br />Steve Bernholz, County Attorney, presented an official response <br />'from the Attorney General's office to the County's requested ruling <br />on the State Social Service Standard #5. Mr. Bernholz stated that this <br />new ruling is a reversal of the prior ruling made for the State Social <br />Services Commission. Copies of the Attorney General's ruling were pre- <br />sented to each Board member. <br />Mr. Bernholz proceeded to read the document and discussion ensued <br />concerning the matter. <br />Chairman Garrett inquired, "Legally, where does that leave us." <br />Mr. Bernholz replied,"to the extent to which the State Commission <br />of Social Service was relying on the previous Attorney General's re- <br />port in issuing its directive to the County Board of Social Services <br />and to the extent to which the County Board of Social Services was in <br />turn relying upon what the State Board of Social Services told them, <br />then I would say to the question, you don't stand anywhere legally, in <br />that, this question has now been eliminated. It is my feeling that the <br />State Commission views and is statutorial, by the way, represented by <br />the Attorney General, if they have a lawyer at all, it is the Attorney <br />General of North Carolina. The Attorney General of North Carolina has <br />in effect now advised them that the State of North Carolina, through <br />the mouth of the Attorney General, does not sanction their promulgation <br />or enforcment of Standard #S. Whether or not the State Commission <br />will now advise the County Board of Social Services of anything, to <br />- take any action, 2 don't know. 2 think, assuming that they are not <br />under any obligation to do anything. <br />Commissioner Walker stated that he felt the local Social Services <br />Board would have to get a directive from the Department of Human <br />Resources prior to the local Board having the authority to do anything <br />since the Department of Human Resources set the rules and the regula- <br />tions that are administrated by the local Board. <br />
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