MINUTES

ST. MARY’S COUNTY METROPOLITAN COMMISSION

REGULAR MEETING

APRIL 14, 2005

The meeting commenced at 1:05 p.m. In attendance were Commissioners Gant, Izydore, Murphy, Cranford, Taylor and Wood; staff members King, Shreve, Frederick, Cullins, Sullivan and Bryan. Also in attendance was Jacki Meiser, General Counsel.

APPROVAL OF MINUTES

Commissioner Cranford moved to approve Minutes of Regular Meeting dated March 10, 2005. Commissioner Murphy seconded the motion and approval was unanimous.

LENGTH OF SERVICE AWARD

Commissioner Gant congratulated Jim Young, Construction Supervisor, on attaining 20-years of service with MetCom, and thanked him for his loyalty to the Commission. Mr. King reiterated Commissioner Gant’s remarks.

EXECUTIVE SESSION

Commissioner Taylor moved to adjourn into Executive Session at 1:10 p.m. to discuss potential litigation. Commissioner Cranford seconded the motion and approval was unanimous.

The meeting readjourned into Regular Session at 2:15 p.m.

Commissioner Taylor moved to approve Minutes of Executive Session dated March 10, 2005. Commissioner Wood seconded the motion and approval was unanimous.

DIRECTOR’S REPORT

A. Marlay-Taylor WRF Allocations Update:

Staff continues to work closely with the Office of Land Use and Growth Management (LUGM) to determine more precisely where the future rate of development will occur in the Lexington Park area. They have confirmed that the 1992 spike occurred at the approximate time of the effective deadline for the 1988 Zoning Ordinance, which was fully implemented in 1990. This would indicate that the current spike could also be temporary. Mr. King concluded that staff is in the process of reviewing future projects in an effort to determine the number of dwelling units MetCom will be requested to approve within the next two years. The Board will be briefed further on this issue.

B. Patapsco Aquifer Study

This Report is scheduled to be released by Maryland Geological Survey for general distribution tomorrow and will illustrate, with some degree of certainty, the long term sustainability of the Patapsco Aquifer. The issue will be revisited at the May meeting.

C. Resolution 2005-03

As required, Mr. King read Resolution 2005-03 into the record, and requested its approval. He clarified that the document updates amounts of the various loans the Commission obtains, which funds those projects contained within the Capital Improvements Budget. A copy is attached to the Minutes.

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

ASSISTANT DIRECTOR’S REPORT

A. Andover Estates Road/Rte. 249 Sewer Collection System Project

Mr. Shreve briefly updated the Board on the Public Hearing held last night. He reported a positive meeting, with approximately 25 people in attendance, including County Commissioner Thomas Mattingly, Sr. The project is anticipated to commence in June/July, 2005 and is scheduled for completion by the end of September, 2005.

Commissioner Wood requested personal notification of any future Public Hearings held in this area, and questioned whether the installation of the pumping station by the owners of St. George’s Peninsula (SGP) allows them any potential additional capacity, or  special consideration for future hookups. Mr. Shreve replied in the negative,  stressing that this is a restricted access line.

Mr. King noted a potential issue if construction of the pumping station does not keep pace with construction of the  project. However, should staff determine a significant delay without good cause, it will call the bond in its possession and build the structure itself.

Commissioner Wood further questioned whether the seven waterfront lots being built by the developers of SGP would be eligible to connect to the system in the event of future failure of their individual alternative technology systems. Mr. King replied that, under the terms of the Consent Agreement, they are eligible to do so if the failures are uncorrectable. However, it is extremely unlikely that failures will occur with this particular system. In any event, a prerequisite of the initial installation is the capability of installing further mound systems on the property.

(B) Piney Pt/Evergreen Park WWCS Replacement

Mr. Shreve briefly reviewed both “Timelines for Completion” and a Power Point presentation associated with these projects. Copies of relevant documents are attached to the Minutes.

In conclusion, he noted an estimated monthly EDU charge for the Piney Point and Evergreen Park Sewer Systems of $23.88 and $30.64 respectively.

At this point, Mr. King requested Board approval to retain the legal services of Piper & Rudnick; in particular, the service of Tony Meager, Esq., at $435/hr, to act as additional Counsel on the County-Wide Water Meter Replacement and Lexington Park Wastewater Pumping Station & Collection System Projects.

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

FISCAL OFFICER’S REPORT

Mr. King presented the Accounts Receivable Report in Ms. Kubinec’s absence,  reporting a decrease in the March total of ±$9,000.

B. Budget Assumptions

Mr. King reviewed the FY06 Budget Assumptions, a copy of which is attached to the Minutes.

ENGINEER’S REPORT

A. Open-End Purchase Contract for Construction Materials.

Mr. Frederick recommended approval to award this contract by individual line item to all low bidders; specifically, Hughes Supply, Belair Road Supply, and Ferguson Enterprises. The relevant schedule is attached to the Minutes.

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

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

FACILITIES MANAGER’S REPORT

A. Open-End Propane Purchasing Contract

Mr. Sullivan requested approval to award the above referenced contract to The Gott Company for its low responsive bid submittal of $1.269 per gallon for the purchase and delivery of propane. The cost for repair service has been quoted as $99.25 for both normal and overtime hours. He noted that a total of three bids were received, with Taylor Gas Company submitting a “No Bid” in order to avoid any perceived conflict of interest.

Commissioner Murphy so moved. Commissioner Izydore seconded the motion and approval was unanimous, with the exception of Commissioner Taylor who abstained from voting.

B. Surplus Equipment Sale

Mr. Sullivan reported that bids for the Surplus Equipment Sale were opened on Tuesday. He explained that, typically, the highest bidder is required to provide a 10% deposit on their bids within 24 hours. However, the highest bidder on truck numbers 534 and 541 did not fulfill this requirement. Staff, therefore, recommends award to the next highest bidder contingent upon provision of the required 10% deposit. If this is approved, total revenue from the sale would amount to $7,103.02, as opposed to the $8,700.02 stated in the Purchasing Agent’s Memorandum dated April 14, 2005.

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

NEW BUSINESS

A. Allocations/Failing Systems, St. Clements Shores (SCS) WWTP

As requested by Commissioner Taylor at the March meeting, Mr. King updated the Board on staff’s efforts to determine the possibility of expanding the plant to serve approximately 44 houses with failed, uncorrectable septic systems that were connected over the past ±6 years. He reviewed a map illustrating boundaries of the service area; developed/not served properties; developed/served properties; vacant/capacity reserved properties; developed/unknown if served properties; and undeveloped properties. LUGM has been requested to identify the project area to enable staff to verify if the Commission can provide additional capacity at the treatment plant.

Mr. King added that Breton Bay Golf Course is in the process of submitting plans to the County to enable them to build approximately 75 houses on their property to be  served through a shared system. As the proposed area is in close proximity to the SCS Treatment Plant, he recommends that staff proceed to determine the viability of utilizing those soils for the public system in order to provide additional capacity.  

In addition, he also proposes tying Breton Bay’s 75 houses into the SCS Treatment Plant;  treat their waste together with the waste from the 125 existing houses to be served in Compton, and forward as much effluent as possible to the golf course for disposal.

Mr. King continued that staff believes that it is possible for the Rapid Infiltration Basins (RIB’s) illustrated on the map to serve in excess of their designed disposal capability of 100,000 gallons/day for 90 days. Staff will investigate this further.

He also specified a location in the area, which he believes has the capability for the successful installation of RIB’s. This will also be investigated.  

Mr. Tom DallaPalu of Dewberry & Davis has been requested to submit a proposal to staff regarding the possibility of serving an additional 250 units at SCS. This document will be presented to the Board at the May meeting for approval.

Commissioner Taylor reiterated the concerns of a number of property owners with failing systems, who cannot hook up to the treatment plant. He stressed that this issue needs to be resolved as there is, clearly, a health issue at stake. In answer to a question from Commissioner Cranford Mr. King replied that, in the event of failure, a property owner can either install a mound system if the soils are favorable, or pump and haul to the Marlay-Taylor WRF.

In conclusion, Commissioner Taylor expressed his appreciation to staff for addressing this issue, and noted his hope for a resolution to the problem. Mr. King agreed, adding that although he is optimistic that additional capacity can be obtained, he cannot predict to what extent.

COMMISSIONERS’ TIME

Commissioner Murphy noted that with the current issues facing Cobb Island in the forefront of the news, he would like to state publicly that MetCom’s facilities do not have a history of infiltration problems into either the Potomac River or the Chesapeake Bay. Mr. King agreed, and reported that although SCS approached an overflow situation in 1998, there was no resulting negative environmental impact of any kind. This problem has since been corrected with the successful installation of RIB’s at that location.

ADJOURNMENT

There being no further business, Commissioner Taylor moved to adjourn at 3:45 p.m. Commissioner Cranford seconded the motion and approval was unanimous.