HomeMy WebLinkAbout8/12/1992 - Special
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August 12, 1992
Roanoke County Board of Supervisors
Roanoke County Administration Center
1206 Kessler Mill Road
Salem, Virginia 24153
August 12, 1992
The Board of Supervisors of Roanoke County, Virginia, met
this day at the Public Service Center Conference Room, 1206 Kessler
Mill Road, Salem, VA, for the purpose of a Board of Supervisors and
staff planning retreat. This was an adjourned meeting from August 11,
1992.
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IN RE:
CALL TO ORDER
Chairman Eddy called the meeting to order at 3:05 p.m. The
roll call was taken.
MEMBERS PRES.ENT:
Chairman Lee B. Eddy, Vice Chairman Edward G.
KOhinke, Sr., Supervisors Bob L. Johnson, H. Odell
"Fuzzy" Minnix, Harry C. Nickens
MEMBERS ABSENT:
None
STAFF PRESENT:
Elmer' C. Hodge, County Administrator; Paul M.
Mahoney, County Attorney; Mary H. Allen, Clerk;
Don M. Myers, Assistant County Administrator;
Anne Marie Green, Information Officer, Debbie
Pitts, Assistant Director of Recreation, Diane
Hyatt, Director of Finance, Reta Busher, Director
of Management & Budget; Keith Cook, Director of
Human Resources, Clifford Craig, utility Director,
George Simpson, Assistant Director of Engineering
& Inspections
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IN RE:
NEW BUSINESS
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August 12, 1992
.L.
Recruest for
Administrative
Action for the
Landfill site.
Authorization to
Order for Consent
Cleanup of the
Execute an
for Removal
Dixie Caverns
R-81292-1
County Attorney Paul Mahoney advised that on July 15,
1992, the County received a draft Removal Order to accomplish
cleanup of the Dixie Caverns Landfill site. On July 22, County
staff and Roanoke Electric Steel (RES) met with representatives'
of the Environmental Protection Agency (EPA) to discuss the draft
Consent Degree. The EPA indicated that the County and RES must
execute the Removal Order by August 14, 1992, or the EPA would
undertake unilateral action. Mr. Mahoney explained that within
21 days of the execution of the Consent Order, the County shall
submit a response action plan to accomplish certain actions
regarding the cleanup and that the cost at this time is unknown,
although. unofficial estimates indicate the impact could approach
$1 million.
Mr. Mahoney requested that: (1) the County
Administrator be authorized to execute an "Administrative Order
by Consent for Removal Action" and execute such agreements as may
be necessary; (2) that an emergency be declared to exist so that
purchase of goods, materials, or services may be made without
competitive sealed bidding or competitive negotiations; and (3)
that $100,000 be appropriated from the General Fund
Unappropriated Balance to accomplish the Consent Order.
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Supervisor Johnson advised he had a problem with being
told after six years that the County has a problem in the stream
when the County has consistently done the right thing.
Supervisor Minnix agreed, and Supervisor Kohinke advised he would
vote No as -a protest.·
Supervisor Nickens suggested adding
language to the resolution the documents were being executed
under protest because the situation existed for years and the
County must now develop a plan in 21 days.
Supervisor Eddy
suggested including this language in the transmittal letter
rather than the resolution.
Supervisor Minnix asked what action would be taken if
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the Board of Supervisors did not adopt the resolution. Mr.
Mahoney responded that (1) the EPA could conduct the cleanup
themselves and charge Roanoke County for the costs; (2) the EPA
could order Roanoke County to conduct the cleanup; or (3) the EPA
could ask the courts to fine the County up to $25,000 per day.
Supervisor Nickens moved to adopt the resolution with
the submittal letter expressing concern for the EPA' s approach
and describing the County efforts to comply in the past. The
motion carried by the following recorded vote:
AYES:
Supervisors Johnson (with prejudice), Minnix, Nickens,
Eddy
NAYS:
Supervisor Kohinke
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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
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August 12, 1992
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 competitive sealed bidding or competitive negotiation.
4) $100,000 is hereby appropriated from the General
Fund Unappropriated Balance to accomplish the. purposes of the
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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:
NAYS:
Supervisors Johnson' (with
Nickens, Eddy
Supervisor Kohinke
prejudice) ,
Minnix,
L.
Request for Authorization to Execute a Cost-
sharincr Aqreement with Roanoke Electric steel
reqardinq Cleanup of the Dixie Caverns Landfill
Site.
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A-81292-2
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Mr. Hodge reported that representatives of Roanoke
County and Roanoke Electric Steel have negotiated a cost-sharing
agreement regarding the cleanup of the Dixie Caverns landfill.
The cost-sharing agreement 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 technologies. 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
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August 12, 1992
expended under the original consent order.
Supervisor Johnson moved to execute the contract along
the terms outlined in the Board Report. The motion carried by
the following recorded vote:
AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy
NAYS: None
h Recruest to Hire Outside Leqal Counsel for
Easements and Riqhts of Ways
A-81292-3
Supervisor Nickens moved to authorize the County
Attorney to contract with outside legal counsel for assistance in
completing easements, property acquisitions and rights-of-ways
for road, drainage and utility projects with funds up to $10,000
to be appropriated from the Board Contingency Fund. The motion
carried by the following recorded vote:
AYES: Supervisors Johnson, KOhinke, Minnix, Nickens, Eddy
NAYS: None
IN RE:
TOPICS SUGGESTED BY BOARD MEMBERS AND ELMER HODGE
.L. The Book. "Reinventinq Government"
Mr. Eddy requested this issue and presented the board
members and staff with a list of potential applications that
Roanoke County could utilize.
The Board discussed such issues as schools, utilization
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of . volunteers to assist in providing services, privatization,
budgets, personnel, customer service, mission statements, and
citizen surveys. There was general consensus that many of the
ideas suggested in the book were excellent and should be
investigated further, some were probably not legal in Virginia
and that Roanoke County was already utilizing many of the
recommendations.
Supervisor Eddy asked that a request be made to VML
and/or VACo to conduct a statewide salary survey.
IN RE: EXECUTIVE SESSION
At 5:45 p.m., Supervisor Minnix moved to go into
Executive Session pursuant to the Code of Virginia 2.1-344 A (3)
to discuss consideration of the acquisition of real property for
public purposes.
The motion carried by the following recorded vote:
AYES: Supervisors Johnson, KOhinke, Minnix, Nickens, Eddy
NAYS: None
IN RE:
CERTIFICATION OF EXECUTIVE SESSION
R-81292-4
At 6:25 p.m., Supervisor Nickens moved to return to
Regular Session and adopt the Certification Resolution. The
motion carried by the following recorded vote:
AYES: Supervisors Johnson, KOhinke, Minnix, Nickens, Eddy
NAYS: None
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August 12, 1992
Supervisor Johnson left the meeting following the vote.
L. County Board Orqanizational structure
Mr. Eddy suggested that the Board discuss the
possibility of a chairman elected at large by the citizens. He
also asked for opinions on Board members serving on various
committees, similar to the organization structure in the City of
Roanoke. There was no Board consensus for any changes in the
current structure at this time.
h Explore and Hotel Roanoke
This subject was in response to a suggestion that
Roanoke County help to fund the Hotel Roanoke and that Roanoke
City help to fund Explore Park. Supervisor Nickens updated the
board members on Explore Park. There was no interest expressed
from the Board at this time to tie funding for Explore and the
Hotel Roanoke together.
~ Cable TV Update
Anne Marie Green, Public Information Officer, and
member of the Roanoke Regional Cable TV Committee updated the
Board on the government access cable channels. She also reported
that the County' now has a character generator which will be
shared by the County, Roanoke City and the Town of Vinton. She
also reported that Cox Cable advises there is no access channel
available at this time, but a sub-committee is in the process of
negotiating for one of the current channels. In response to a
question from Supervisor Eddy, she advised it would be several
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years before there are additional channels.
~ Development of Capital Improvement Proqram
Reta Busher, Management & Budget Director
reported
that the staff plans to do the CIP during the 1993-94 budget
process. They will begin in September and will adopt the CIP at
the same time as the budget is adopted.
In response to a
question from Supervisor Eddy, Mr. Hodge advised that staff is
not starting during the summer because they are involved in other
projects such as the bond referendum and the study of cooperative
efforts with the Town of Vinton.
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~ Sewaqe Treatment Plant Expansion
Clifford craig, utility Director, advised that
Roanoke County is not over capacity, but that at this time
Roanoke City is double its capacity.
The total cost of the
expansion is estimated to be $43 million with the County and City
paying $14 million each and the City of Salem paying $12 million.
Roanoke County, the Town of Vinton, the City of Salem and
Botetourt County are currently negotiating with Roanoke City and
have hired a consultant.
IN RE:
ADJOURNMENT
At 8:20 p.m., Supervisor Minnix moved to adjourn. The
motion carried by a unanimous
~te.
Lee B. Eddy,
, ~-=
Chairman .
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August 12, 1992
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