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Agenda - 02-04-1991
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Agenda - 02-04-1991
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BOCC
Date
2/4/1991
Meeting Type
Regular Meeting
Document Type
Agenda
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4 <br />I property. He asked that they be given another extension to finish their <br />2 cleanup work. He asked that the demand for civil penalties against <br />3 Gayle and Chris McMillan be postponed again because of substantial <br />4 progress that has been made on the cleanup. He asked that the civil <br />5 penalties against Mr. Ralph Turner be rescinded because they have come <br />6 into compliance well before the deadline. <br />7 Mrs. McMillan assured the Board that if they grant her an <br />8 extension she will have the work completed after the holidays. <br />9 Mr. Gamble spoke on behalf of Mr. Scurlock. He stated that <br />10 Mr. Scurlock has no funds to clean up his property. He has been <br />11 building a house for the past five years. <br />12 Commissioner Gordon asked on what basis an extension of time <br />13 was granted. Gledhill stated that the imposition of civil penalties is <br />14 one of the remedies available to the County as a means to enforce its <br />15 Zoning Ordinance. Whether the County pursues it or not is purely <br />16 discretionary. The enforcement of the Ordinance is not considered to <br />17 be discriminatory. Whats at issue is how much time to give people <br />18 before deciding to make a demand for civil penalties or pursue civil- <br />19' penalties in court. In his opinion, substantial progress toward getting <br />20 the property in compliance is a valid basis for doing so. A decision <br />21 based solely on economics would be a problem. Economics may be a basis <br />22 for giving somebody more time but whether to enforce the Ordinance <br />23 through the use of civil penalties based purely on the ability of the <br />24 person to pay the civil penalty may be a problem. <br />25 fir. Scurlock stated that. he would probably finish his house <br />26 by the end of the summer. He is trying to get a loan at this time. The <br />27 car has been in the streambed fcr thwrty years. He indicated he would <br />28 not be able to move the car until he puts in a road and has the finances <br />29 to hire a tow truck. <br />30 Commissioner Halkictis.expressed his disappointment that Mr. <br />31 Scurlock has not made an effort to clean up his property. He suggested <br />22 that he be given an extension of thirty days and if no subs -an4iG_ <br />�3 effort is made to clean up his property that the County make k�-itte <br />34 demand for the full amount of money due. <br />25 Motion was made by Commissioner Halkiotis, seconded by <br />36 Chairman Carey to give an extension cf time to January 17, 1951 tc Lcr_ <br />_2 7 B. and Nathan MCDL'ffie and Gayle and Chris McMillan and to resc:_n <br />Be raking demand for civil penalties against Ralph Turner. <br />39 VOTE: UNANIMOUS <br />40 Motion was made by Commissioner Willhoit, seconded by <br />41 Commissioner Halkiotis to delay action on the demand for civil penalties <br />42 against Paul G. Scurlock and to evaluate the situation on January 7, <br />43 1991 to determine if an effort has been made by Mr. Scurlock to came <br />44 into compliance. <br />45 VOTE: UNANIMOUS <br />46 For Mr. Scurlock to come into compliance, he will need to <br />47 remove every} -ping from the streambed and on the floodplain. <br />48 <br />49 C. CLASSIFICA'T'ION STUDY <br />50 Personnel Director Elaine Holmes presented for consideration, <br />51 of app=oval the Phase I Classification S7.udy changes to the Orange <br />52 County Classification and Pay Plan as stated on pages <br />
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