Public Meeting Minutes       (There was NO meeting in August)

MINUTES

REGULAR MEETING

ST. MARY’S COUNTY METROPOLITAN COMMISSION

SEPTEMBER 08, 2005

The meeting commenced at 1:35 p.m. In attendance were Commissioners Taylor, Gant, Murphy, Suggs, Cranford, Wood and Henry; staff members King, Shreve, Frederick, Sullivan, Cullins and Bryan. Also in attendance were Jacki Meiser, General Counsel, and Mr. Adam Bednar of the St. Mary’s Today publication. 

APPROVAL OF MINUTES 

Commissioner Gant moved to approve Minutes of the July 21st, 2005 Regular Meeting. Commissioner Wood seconded the motion and approval was unanimous.

LENGTH OF SERVICE AWARD

Commissioner Taylor presented Joseph E. Bolt with a 15-Year Meritorious Service Award and thanked him for his service on behalf of the Board.

EXECUTIVE SESSION

Commissioner Cranford moved to adjourn into Executive Session at 1:09 p.m. to discuss personnel action and potential litigation. Commissioner Wood seconded the motion and approval was unanimous.

The meeting readjourned into Regular Session at 1:30 p.m.

Commissioner Gant moved to approve Minutes of Executive Session dated July 21, 2005. Commissioner Cranford seconded the motion and approval was unanimous.

Commissioner Cranford moved to approve staff’s recommendation that Ms. Anne Bauer be considered for the position of Regular, Full-Time Administrator, Department of Fiscal Services & Information Systems, at Grade D/Step 13, $75,308/year, subject to all pre-employment requisites being satisfied. Commissioner Gant seconded the motion and approval was unanimous.

Commissioner Wood moved to authorize staff to proceed with pending litigation as discussed in Executive Session. Commissioner Murphy seconded the motion and approval was unanimous.

DIRECTOR’S REPORT

A. St. Clements Shores WWTP

Mr. King reported that staff is in the process of reviewing the final section of the St. Clements Shores WWTP Evaluation Report prepared by Dewberry & Davis. This indicates that the existing Rapid Infiltration Basins (RIB’s) cannot serve more than the existing 100,000 gpd design flow of the treatment plant. However, it did not take into account the adjacent property along Compton Road. The Report also stated that soils on the Golf Course property are very similar to those at the RIB’s site. Although this is encouraging, it would also present similar difficulties; i.e. narrow clay layers that do not allow direct, rapid, vertical movement of water through the soils down to the water table. To determine if the same solution can be applied in this case would require additional soils investigation. However, staff does not know what the cost would be at this point, or how much additional capacity can be generated from this location. The Board will be presented with more definitive answers to those questions, together with recommendations, at the October meeting.

In conclusion, Mr. King reported that the cost to upgrade the treatment process at the St. Clements Shores WWTP, in order to serve 250 additional dwelling units, is in the range of $1.2M.  

B. Marlay-Taylor WRF Capacity Allocation Status

Mr. King briefly reviewed the history of this facility, and offered a repeat of the Power Point presentation which was previously given to the Planning Commission. A printed copy is attached to the Minutes.

During Mr. King’s review of Page 2 of his presentation, Commissioner Wood questioned whether the unit relating to EDU allocations in 1969 and 1984 should be changed from 350 “mgd” to 350 “gpd”. Mr. King agreed.

Mr. King stressed that MetCom must ensure that the rate at which allocations are granted does not exceed 500 per year. To better achieve this, he has made the following recommendations to the Planning Commission: (1) the phasing process needs to be reinstated into the Zoning Ordinance and Comprehensive Plan; (2) The Zoning Ordinance needs to be changed back to require that the allocation, at least for sewer, should be granted following record plat approval; and, (3) Developers should be encouraged to only request capacity at the rate that they consider houses can be built. He has not received a response to these recommendations to date. However, he and Denis Canavan, Director of LUGM, will discuss them further and report back to the Planning Commission.

B. Patapsco Aquifer Study Interim Report

Mr. King reported that he participated in a recent meeting with Messrs. John Grace and Saeid Kasrei of MDE, to discuss the State’s position on the referenced Study. He is pleased to report that all of the new flows in St. Mary’s County over the next 25 years can be obtained from the Patapsco, without any further decline of the aquifer’s current level occurring.  However, the aquifer’s recharge area is extremely close to the surface in NW Charles County in the areas of Indian Head, La Plata and Waldorf. If MetCom continues to utilize the Aquia without using the Patapsco; and Charles County continues to use both upper and lower levels of the Patapsco as they have historically done, management level will be reached. In addition, possible dewatering in the aquifer within those areas will occur. Because the State will not allow this to happen, the rate of withdrawal from the Patapsco will have to be reduced in Charles County. A further option would be to relocate their well fields closer to the borders of St. Mary’s County in order to reduce the cones of depression that have formed, or are forming, in those areas.

Mr. King subsequently reviewed highlights of the Patapsco Aquifer Study Interim Report together with potentiometric surface contour maps, copies of which are attached to the Minutes. He noted that members of the Water Policy Task Force and Maryland Geological Services staff will be presenting a more detailed version of this Report to the Board of County Commissioners next week.

ASSISTANT DIRECTOR’S REPORT

A. Sludge Upgrade Update

Mr. Shreve updated the Board on the Marlay-Taylor WRF Sludge Upgrade Project. A copy of his presentation is attached to the Minutes.

FISCAL OFFICER’S REPORT

A. Accounts Receivable/Securities Reports

Mr. King briefly reviewed the Accounts Receivable and Securities Reports. Copies are attached to the Minutes. Commissioner Wood noted that Comment # 3 within the August 2005 Accounts Receivable Report, incorrectly /states the name of the Restaurant as “Fritzies” rather than “Fitzies”. Mr. King will ensure that this is corrected.

B. Leonardtown BNR Upgrade: Benefit Assessment Charge Increase

Mr. King reported that the Public Hearing relating to the rate increase associated with the Commission’s share of the recent upgrading of the Leonardtown WWTP was held on August 2, 2005. Minutes of the Hearing is attached. He stated that there were no  objections to the proposed rate increase, and requested Board approval of the new rates. Further discussion was delayed while additional documentation was retrieved.

LEGAL COUNSEL’S REPORT

A. Legislative Changes 2006

In response to a request by them for proposed changes for the 2006 legislative year, Ms. Meiser reported that MetCom has indicated to the Office of the County Attorney that the Commission will be submitting a requested modification of its section of the County Code to comport with its rate restructure that staff is hopeful will be implemented on July 1st, 2006. Mr. King added that the actual textual modifications will be submitted in October following the required Public Hearings.

ENGINEER’S REPORT

A. Regular Report

Mr. Frederick reviewed the Engineer’s Report, a copy of which is attached to the Minutes.

B. Approval Engineering Fee

Mr. Frederick reported that there were no attendees at the required Public Hearing held on this issue, and nothing more substantive than a written comment requesting definition of terminology was received.  He subsequently reviewed, and requested, approval of the proposed engineering fees for FY06. A copy is attached to the Minutes.

Commissioner Gant moved to approve the proposed rate changes for FY06 as published in the Public Hearing Notice. Commissioner Cranford seconded the motion and approval was unanimous.

In addition, Mr. Frederick requested approval to accept Whitman, Requardt & Associates’ proposal to provide the professional engineering services required to complete the documents for the construction of the Andover Road Grinder Pump Station/Force Main in the estimated amount of $15,032.58. They will complete the drawings and assist with any permits required, but will not provide any inspection work. The project will be constructed by Bay Country.

Commissioner Wood moved to authorize release of the amount of $15,032.58 towards completion of the engineering services for the Andover Road Grinder Pump Station/Forcemain Project. Commissioner Cranford seconded the motion and approval was unanimous.

At this point, Mr. King stated that the prior motion made by Commissioner Gant relating to the Public Hearing notice, referred to the rate increase associated with the Commission’s share of the recent upgrading of the Leonardtown WWTP, and not the proposed engineering fees for FY06.

For the purpose of clarification, Commissioner Taylor stated that he will now entertain motions for both approval of the proposed FY06 Engineering Fees, and the rate increase associated with the Leonardtown WWTP Upgrade.

Commissioner Suggs moved to accept the proposed FY06 Engineering Fees as presented by staff. Commissioner Cranford seconded the motion and approval was unanimous.

Commissioner Gant moved to approve the rate increase associated with MetCom’s share of the Leonardtown WWTP BNR Upgrade. Commissioner Suggs seconded the motion and approval was unanimous.

In conclusion, Mr. Frederick requested Board approval to accept Whitman, Requardt & Associates’ proposal to provide the professional engineering services required to recommend repairs to the façade of the former Control Building at the Marlay-Taylor WRF in the amount of $7,216.84. This amount will not be exceeded without prior authorization.

Commissioner Wood so moved. Commissioner Cranford seconded the motion and approval was unanimous.

FACILITIES MANAGER’S REPORT

A. Forrest Farms WWTP Update

Mr. Sullivan updated the Board on the Forrest Farms Wastewater Treatment Facility, where a Biolac treatment system upgrade is currently in progress. This is being funded entirely by the developer. Although, the project is approximately two weeks behind schedule, it is still expected to be completed by December, 2005. Upon completion, it will replace the current Biocleer system, and will enable the developer to build additional houses within the subdivision. 

B. Replacement Wells to Meet Arsenic Standards

 Staff has submitted an “exemption” request to the State, of the January 23, 2006 arsenic rule. This will allow staff to delay installation of the replacement wells for up to a year. Although no response has been received to date, approval is anticipated within a week. The six systems in question are:  St. Mary’s Industrial Park Water System, Breton Bay, Mulberry South, Holland Forrest, Hollywood and Fenwick Manor.

COMMISSIONERS’ TIME

Commissioner Wood questioned whether the Chesapeake Bay Restoration Fee is to be paid by all of the Commission’s customers, or solely by customers with sewer service. Mr. King confirmed that all of MetCom’s customers, including those only served by water, will be billed for this fee.

ADJOURNMENT

There being no further business, Commissioner Wood moved to adjourn at 3:15 p.m. Commissioner Cranford seconded the motion and approval was unanimous.

                                                                       

Lilian J. Bryan, Secretary