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HomeMy WebLinkAbout8/12/1992 - Special ~ 470 -4 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. I 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 I IN RE: NEW BUSINESS ~ JI"'" 471' 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. ~ ~ I I ~ -4 August 12, 1992 472-- 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 I 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 I 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 ~ JI"'" ,-·4·7'3 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 ~ ~ I I ~ -4 August 12, 1992 474,- 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. I A-81292-2 I 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 ~ JI"'" 475 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 ~ ~ I I ~ I I ~ ,August 12, 1992 4761' 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 ~ JI"'" 477 . 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 ~ ~ I I ~ -4 August 12, 1992 478 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. I ~ 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 . I ..o JI"'" August 12, 1992 ~ ~ I I