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Home My WebLink About8/12/1992 - Adopted Board RecordsAT AN ADJOURNED MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON WEDNESDAY, AUGUST 12, 1992 RESOLUTION 81292-1 AUTHORIZING THE EXECUTION OF AN ADMINISTRATIVE ORDER BY CONSENT FOR REMOVAL ACTION FOR THE CLEAN-UP OF THE DIXIE CAVERNS LANDFILL AS REQUESTED BY THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY WHEREAS, the United States Environmental Protection Agency ("EPA") has determined that the conduct of a removal action to abate, mitigate and/or eliminate the release or threatened release of hazardous substances at Dixie Caverns landfill is necessary to protect public health, safety and welfare, and, WHEREAS, during sampling and testing at the site it was determined that certain contaminants may have migrated into stream surface waters and sediments, and, WHEREAS, EPA has determined that a removal action is appropriate to abate, minimize, stabilize, mitigate or eliminate the release or threat of release of hazardous substances at or from the site. NOW THEREFORE, BE IT RESOLVED, by the Board of Supervisors of Roanoke County, Virginia, as follows: 1) That the County Administrator is hereby authorized to execute on behalf of the County an "ADMINISTRATIVE ORDER BY CONSENT FOR REMOVAL ACTION." 2) That the County Administrator is further authorized to execute such agreements as may be necessary to accomplish the purposes of this Consent Order. 3) That the Board finds that an emergency exists, and that purchases of goods, materials or services may be made without 1 competitive sealed bidding or competitive negotiation. 4) $100,000 is hereby appropriated from the General Fund Unappropriated Balance to accomplish the purposes of the Consent Order and staff will return for further appropriation as necessary. On motion of Supervisor Nickens to adopt the resolution with submittal letter expressing concern for the approach and our efforts to comply in the past, and carried by the following recorded vote: AYES: Supervisors Johnson (with prejudice), Minnix, Nickens, Eddy NAYS: Supervisor Kohinke A COPY TESTE: `—) G Mary H. All n, Clerk Roanoke County Board of Supervisors cc: File Paul Mahoney, County Attorney Clifford Craig, Director, Utility Diane Hyatt, Director, Finance Reta Busher, Director, Management & Budget Elaine Carver, Director, Procurement 2 ACTION NO. A-81292-2 ITEM NO. 4e-,5 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: August 12, 1992 AGENDA ITEM: Request for authorization to execute a cost-sharing agreement with Roanoke Electric Steel Corporation, Dixie Caverns Landfill Site COUNTY ADMINISTRATOR'S COMMENTS: EXECUTIVE SUMMARY Representatives of Roanoke County and Roanoke Electric Steel Corporation (RES) have negotiated a cost-sharing agreement for the Dixie Caverns Landfill Superfund Site. The purpose of this agreement is to determine who will pay how much of the costs to be incurred under the remedial action consent decree and the administrative order by consent for removal action. These costs are attributable to cleaning up the flyash pile, contaminated soils, contaminated water and stream sediments at and adjacent to the Dixie Caverns Landfill Site. BACKGROUND: In October of 1988 the County and RES entered into a "clean up cost-sharing and confidentiality agreement." Under this agreement each party agreed to pay 50% of the eligible expenses to implement the work plan for the Dixie Caverns Landfill for the excavation, treatment and disposal of the flyash pile. This work plan called for on-site treatment of the flyash by a proprietary stabilization process that RES had developed and that EPA and the Virginia Department of Waste Management later conditionally approved for RES in response to its delisting petition for disposal and treatment of flyash at its factory. EPA approved the work plan in April of 1988. The County and RES acquired equipment, constructed on-site stabilization and disposal facilities and began operations, incurring approximately $400,000 in costs. In 1989, the Virginia Department of Waste Management (VDWM) raised certain questions about the approved work plan, and at its request, EPA directed the County and RES to halt operations. Finally in September of 1991, EPA selected a new method for accomplishing this remedial action (based upon the issuance of new 1 EPA regulations in August of 1991). Since EPA issued its decision, the County and RES have been negotiating with EPA concerning the proposed remedial action, the work required to implement this action, and the possibility of convincing EPA that the on-site stabilization and disposal process developed by RES is a superior solution to implement this remedial action. SUMMARY OF INFORMATION: Since EPA has directed the County to suspend removal actions associated with the flyash in accordance with the 1987 consent agreement and order, and since EPA is now directing the County and RES to execute consent decree to implement remedial actions at this site and since EPA is directing the County and RES to execute an administrative order by consent for removal action for the contaminated soils under and adjacent to the flyash pile, contaminated water and sediment off-site, the 1988 cost-sharing agreement between the County and RES must be amended to address the changed circumstances. The cost-sharing agreement between Roanoke County and RES provides that each party will pay one-half of all costs that they are required to pay under the consent decree and the removal consent order. RES will reimburse the County's share of costs in excess of $1 million with certain percentages of net profits from RES's marketing of its proprietary trade secret treatment technology. The parties will use their best efforts to minimize costs under the Consent Decree and to obtain credit for the $400,000 they have already expended under the original consent order. FISCAL IMPACTS• This cost-sharing agreement with RES shall benefit the County in two ways. First, it provides that each party will pay one-half of all costs that they are required to pay by EPA. Second, this agreement provides that the County may be reimbursed a portion of its costs from the net profits derived from RES's treatment technology. STAFF RECOMMENDATION: Staff recommends that the Board of Supervisors authorize the County Administrator to execute this agreement with RES on behalf of the County. 2 Respectfully submitted, Paul M. Mahoney County Attorney c:\wps»Vndaw�\re..W cc: File Paul Mahoney, County Attorney Clifford Craig, Director, Utility Diane Hyatt, Director, Finance Reta Busher, Director, Management & Budget 3 Action Vote No Yes Abs Approved (x) Motion by Bob L. Johnson to Eddy x Denied ( ) execute contract along the Johnson x Received ( ) terms outlined Kohinke x Referred Nickens x to Minnix x c:\wps»Vndaw�\re..W cc: File Paul Mahoney, County Attorney Clifford Craig, Director, Utility Diane Hyatt, Director, Finance Reta Busher, Director, Management & Budget 3 4 ACTION NO. A-81292-3 ITEM NUMBER f7� — AT AN ADJOURNED MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: August 12, 1992 AGENDA ITEM: Request to Hire Outside Legal Assistance for Easements and Rights of Ways COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Roanoke County has undertaken a number of major projects recently which require extensive legal work by the County Attorney's Office. As a result, a backlog has developed of the more routine legal matters. Most of these are rights of way and easement acquisitions for drainage and road projects or property easements and acquisitions for utility projects. The legal staff has worked diligently to handle these in a timely manner and should be commended for their efforts. However, much of their time is spent on the major projects, and completion of easements and other deeds has now become critical. These projects are in various stages of completion and some would be handled by the County's legal staff while others would be handled by outside legal counsel. The Engineering and Utility staff will work with the County Attorney's Office to determine which projects will be contracted out. The workload is not expected to decrease in the foreseeable future and I recommend that the County contract for outside legal assistance on a per document basis to complete the easements and rights-of-way necessary for our road, drainage and utility projects. FISCAL IMPACT: The total cost is unknown although it is not expected to exceed $450.00 per document. At this time, staff is requesting $10,000 from the Board Contingency Fund. As the projects are completed the Utility Fund will reimburse the General Fund for their portion. If additional funds are necessary, staff will bring to the Board another request. STAFF RECOMMENDATION: Staff recommends that the Board authorize the County Attorney to contract with outside legal counsel for assistance in completing easements, property acquisitions and rights-of-way for road, drainage, and utility projects. Further, the staff requests an appropriation of $10,000 from the Board Contingency Fund to cover costs incurred for the outside legal work. Elmer C. Hodge County Administrator ACTION VOTE Approved (x) Motion by: Harry C. Nickens No Yes Abs Denied ( ) Eddy x Received ( ) Johnson x Referred ( ) Kohinke x To ( ) Minnix x Nickens x cc: File Paul Mahoney, County Attorney Clifford Craig, Director Utility Arnold Covey, Director, Engineering Diane Hyatt, Director, Finance Reta Busher, Director, Management & & Inspections Budget AT A SPECIAL MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, AUGUST 12, 1992 RESOLUTION 81292-4 CERTIFYING EXECUTIVE MEETING WAS HELD IN CONFORMITY WITH THE CODE OF VIRGINIA WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened an executive meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of The Virginia Freedom of Information Act; and WHEREAS, Section 2.1-344.1 of the Code of Virginia requires a certification by the Board of Supervisors of Roanoke County, Virginia, that such executive meeting was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, hereby certifies that, to the best of each members knowledge: 1. Only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the executive meeting which this certification resolution applies, and 2. Only such public business matters as were identified in the motion convening the executive meeting were heard, discussed or considered by the Board of Supervisors of Roanoke County, Virginia. On motion of Supervisor Nickens to adopt the certification resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None A COPY TESTE: Mary H. Allen, Clerk cc: File Roanoke County Board of Supervisors Executive Session