042990RANDOLPH COUNTY
BOARD OF COMMISSIONERS
April 29, 1990 Minutes
The Randolph County Board of Commissioners met in emergency session at 9:00
p.m. on Sunday, April 29, 1990 in the Commissioners Meeting Room, Randolph County
Office Building, Asheboro, NC. Commissioners Frye, Davidson, Petty and Comer
were present. Commissioner Langley was absent due to illness. Also present were
County Attorney Ed Gavin, County Manager Frank Willis, Clerk to the Board Alice
Dawson, Bobby Burns of The Courier Tribune, Alison Davis of the Greensboro News
and Record, and Don Wrenn of the High Point Enterprise. Legislators present were
State Senator Russell Walker, State Representative Harold Brubaker, and former
State Representative Bill Boyd.
The purpose of the meeting was to consider the County's seeking a
restraining order against the North Carolina Hazardous Waste Commission to
prevent them from choosing any of the three proposed sites in Randolph County or
the proposed site in Davidson County that are still under consideration for the
placing of a hazardous waste incinerator facility.
Ben Albright, attorney and chairman of the Randolph County Hazardous Waste
Site Designation Review Committee, advised the Board that Senator Russell Walker
had brought to his attention that state guidelines for site selection state that
access to the chosen site must be by four -lane highway. The three sites in
Randolph are accessed by Highway 49, only a small portion of which is four -lane.
Senator Walker and Representatives Brubaker and Boyd remember the debate in the
General Assembly concerning access by a four -lane highway. They all agree that
it was the intention of the General Assembly that access to the chosen site be by
four -lane highway, and they feel the Commission has erred in its interpretation
of this law. Mr. Albright said that Representative Brubaker, who is also a real
estate appraiser, has signed an affidavit stating that, in his opinion, the
placement of a hazardous waste site on any of the three potential sites in
Randolph County or the one just across the county line in Davidson County would
cause immediate and irreparable harm to the real estate values in those areas.
Chairman Frye stated that he, Frank Willis, and Hal Johnson planned to speak
at the public hearing in Raleigh tomorrow, and that he would inform the
Commission at that time of Randolph County's intentions to seek an injunction.
On motion of Davidson, seconded by Petty, the Board adopted a resolution
finding that an emergency exists for purposes of calling an emergency Board
meeting. A copy is included by reference.
On motion of Petty, seconded by Comer, the Board voted to file an injunction
against the North Carolina Hazardous Waste Commission on grounds that they erred
by applying their own interpretation to state law concerning access to potential
hazardous waste sites to be considered by the Commission.
On motion of Davidson, seconded by Comer, the Board appointed Steve Vaughn
of Tom's Creek Nursery, Raymond Bradshaw of Farmer Fire Department, and Arnold
Lanier of New Hope to the Hazardous Waste Site Designation Review Committee.
On motion of Davidson, seconded by Comer, the Board adjourned.
RANDOLPH COUNTY
BOARD OF COMMISSIONERS
Randolph County Office Building • 707 McDowell Road • P.O. Box 4728
Asheboro, North Carolina 27204-4728
Phone: (919) 629-2131
RESOLUTION
Declaring Justification for Emergency Board Meeting
WHEREAS, Randolph County received official notification from the N.C.
Hazardous Waste Commission on Friday, April 27, 1990, that three sites in
Randolph County and one site in Davidson County had been included in a list of
eighteen potentially acceptable high priority parcels for a hazardous waste
incinerator; and
WHEREAS, this notification stated that the Hazardous Waste Commission
would hold a public hearing on Monday, April 30, 1990, to receive input on the
sites under consideration and that these sites would be narrowed to two on
Tuesday, May 1, 1990; and
WHEREAS, Randolph County officials on Sunday, April 29, 1990, became aware
of an error on the part of the Hazardous Waste Commission in applying its own
interpretation to a state law which requires hazardous waste incinerator sites
to be within fifteen miles of a four -lane highway; and
WHEREAS, Randolph County officials,on legal and legislative advice, agreed
that sufficient evidence existed to file a lawsuit against the Hazardous Waste
Commission; and
WHEREAS, there was not sufficient time to call a normal special meeting of
the Randolph County Board of Commissioners with the required 48 hours notice to
Board members and to the news media, and still have time to meet and prepare
the necessary legal documents before the April 30, 1990 public hearing; and
WHEREAS, this emergency meeting concerned "generally unexpected
circumstances" which required "immediate consideration," as required by
N.C.G.S. 143-318.13 (b)(3);
NOW, THEREFORE, BE IT RESOLVED that the Randolph County Board of
Commissioners does hereby declare that on this date an emergency situation
existed justifying the calling of an emergency meeting.
This the 29th day of April, 1990.
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Darrell L. Frye, Chairman
Randolph County Board of Commissioners
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