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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. �,Z / % 2c Darrell L. Frye, Chairman Randolph County Board of Commissioners — TOLL FREE NUMBERS — Greensboro Area: 274-7961 /A rchdale- Trinity Area: 884-1722 / Libertv Area: 622-4855