Public Meeting Minutes

MINUTES

ST. MARY’S COUNTY METROPOLITAN COMMISSION

REGULAR MEETING

OCTOBER 11, 2007 

 

The meeting commenced at 1:07 p.m. In attendance were Commissioners Taylor, Werner, Lancaster, St. Clair, Hanson and Owens; staff members King, Frederick, Shick, Sullivan, Potter and Bryan. Also in attendance were Linda Vallandingham, Robert Jarboe, Ben Burroughs and Joseph Mitchell, Esq.

 

MOTION TO APPROVE AGENDA

 

Commissioner Lancaster moved to approve the Agenda as presented by staff. Commissioner Hanson seconded the motion and approval was unanimous.

 

APPROVAL OF MINUTES

 

Commissioner Werner moved to approve Minutes of the September 13, 2007 meeting. Commissioner Owens seconded the motion, and approval was unanimous.

 

OUTSTANDING SERVICE COMMENDATIONS

KEVIN SUGGS/TIM WOOD

 

Commissioner Taylor presented Outstanding Service Commendations to Mr. Kevin Suggs, and Mr. Tim Wood, noting the significant value of their individual contributions to the Board. Mr. Wood responded by thanking Commissioner Taylor, and stated that it was a privilege to have served on the Board.

 

WWOA EMPLOYER RECOGNITION PLAQUE PRESENTATION

 

In his role as President of the WWOA, DuWayne Potter, Superintendent, Marlay-Taylor WRF, emphasized the goals and commitments of the Association. In conclusion, he presented Commissioner Taylor with an Employer Recognition Award in appreciation of the continuing support WWOA receives from the Commission.

 

EXECUTIVE SESSION

 

Commissioner  St. Clair moved to adjourn into Executive Session at 1:19 p.m. Commissioner Lancaster  seconded the motion, and approval was unanimous.

 

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

 

BEN BURROUGHS PRESENTATION TO BOARD

 

Commissioner Taylor recognized Mr. Burroughs, and invited him to address the Board.

 

Mr. Burroughs prefaced his remarks by justifying his personal discontent with MetCom, both past and present. He reported that without knowing why, he recently received a bill from the Commission in the amount of $981.00. He now understands that the charge relates to services utilized by his five tenants within Fred’s Liquor Building, which has a single service connection. As the landlord, this fact apparently makes him responsible for collecting the fees. He stressed that it would prove to be an extremely difficult task as they operate widely varied businesses; emphasizing that leases relating to MetCom’s takeover of his system confirm that his tenants would be personally responsible for the bills. He also complained that he was unaware at the time that neither the Charlotte Hall Tower, nor his entire property, was connected to the Commission’s system.

 

In conclusion, Mr. Burroughs stressed that he does not expect preferential treatment; however, he questioned the Commission’s authority to force him to act as its collection agent.

 

Commissioner Taylor remarked that he does not expect that this would be the case, and believes that an amicable solution is possible. He then invited Mr. King to clarify his letter to Mr. Burroughs dated September 17, 2007.

 

Mr. King commenced by verifying Mr. Burroughs’ statement regarding the Charlotte Hall Tower only being used as a backup system. However, this was the State’s decision, as owner of the property. He also agreed that the backup system did not function correctly during the initial fire. A Standard Operating Procedure is now in place that will prevent this from reoccurring.  In addition, it is proposed to install a further tank at that site, as the tank at the Charlotte Hall Veterans Home is not sufficient to serve continued growth in the community.

 

With reference to his 9/17/07 letter, Mr. King stressed that the Commission will bill tenants individually at the owner’s request, but that responsibility for the bills are ultimately the owner’s. He added that the Commission is prepared to install the individual meters at no cost, if Mr. Burroughs is prepared to put in the required yokes.

 

Mr. Burroughs subsequently thanked the Board for their attention, and left the meeting at 2:05 p.m.

 

ROBERT JARBOE/LINDA VALLANDINGHAM PRESENTATION

 

Commissioner Taylor invited Mr. Jarboe and Ms. Vallandingham to present the thought processes relating to their proposed legislation to make changes to MetCom’s status within the County.

 

Speaking on behalf of a private group of concerned citizens, Mr. Jarboe reported that they are proposing the abolishment of the Metropolitan Commission and, if necessary, to authorize St. Mary’s County to create a Sanitation Department within county government. He stressed the following points:

  • The intent of the language in the Comprehensive Land Use Plan is not being followed;
  • Although the Comprehensive Land Use Plan and the Water & Sewer Plan specifies planned growth areas of the County as development districts, town and village centers; it appears that it has become cheaper to build in the Rural Preservation District (RPD). As a consequence, development is being driven into both the RPD and prime agricultural land areas;
  • If growth is going to be successfully directed to planned growth areas, every aspect of this process should remain within the total control of county government, as is the case with the neighboring counties of Charles and Calvert.

 

Mr. King agreed that many other counties operate under this system, but that the two largest Counties in Maryland–Prince George’s and Montgomery are served by the Washington Suburban Sanitary Commission (WSSC); a completely separate entity. Mr. Jarboe disagreed, stating that WSSC receives a specific amount of financing from those jurisdictions. However, he was particularly referring to urban counties in his previous statement.

 

Referring to a further complaint from Mr. Jarboe, Commissioner Taylor noted that the Commission continues to be a proponent of effective communication. He also reiterated Commissioner St. Clair’s statement that the Planning Commission and the St. Mary’s County Board of County Commissioners direct the location of growth, and what actions will be taken.

 

Mrs. Vallandingham concurred with Mr. Jarboe’s remarks.

 

Mr. King stressed the following:

  • His continuing philosophy is that the Commission should be open to new ideas and ways to improve the efficiency of MetCom. However, he has not heard anything to date that explains why it would be more efficient to include the Commission within the County.
  • Making MetCom part of the County would result in a significant impact; both fiscally and legally.
  • County government has no experience with operating public water and sewer systems or complying with State and Federal Drinking Water & Water Quality Regulations.
  • The BOCC has budgeted ±$1/2M in this fiscal year to write a new Comprehensive Water & Sewer Plan encompassing a 20-year period. This will incorporate the locations of both water/sewer lines and facilities, and the densities that will be served. Positive effects of the new Plan should be obvious within 12 months, and will enable MetCom to install water and sewer lines, etc., into the growth areas at a cost effective price. New rates, including a Capital Contribution Charge, which was implemented on October 1st, 2007, will complement this.
  • It is clearly the responsibility of the Planning Commission and BOCC, by State law, to determine where, and when, growth will occur.

 

Mr. Jarboe responded by emphasizing that they are not suggesting that MetCom employees would lose their jobs, but simply believe that it would not be harmful to review suggested improvements in the way the County is conducting business.

 

Commissioner Taylor thanked Ms. Vallandingham and Mr. Jarboe for their comments, prior to their leaving the meeting at 2:40 p.m.

 

DIRECTOR’S REPORT

 

A. Maryland Water Quality Loan Update

 

Mr. King briefly reported on the closing of the two MDE loans which occurred on the 27th and 28th of September, 2007.

 

B. Industrial Groundwater Appropriations Permits

 

Mr. King briefly reviewed correspondence sent to Mr. Saeid Kasraei, of MDE, which objects to significant industrial commercial wells drawing from aquifers in Southern Maryland. Copies are attached to the Minutes.

 

C. Table of Equivalent Dwelling Units

 

Mr. King reported specific problems surfacing following recent implementation of the new Table of Equivalent Dwelling Units, and briefly reviewed staff’s concerns and suggested changes. He concluded by recommending that the Board make some temporary adjustments to the Table based on water meter readings that were taken over the previous three years.

 

Commissioner St. Clair moved that the Commission tentatively approve revisions to the Table of Equivalent Dwelling Units dated September 13, 2007, in accordance with the attached proposal dated October 11, 2007 subject to Public Hearing and the receipt of public comments. Commissioner Werner seconded the motion and approval was unanimous.

 

D. St. George’s Park Sewer System Upgrade & Expansion

 

Mr. King briefly reviewed correspondence forwarded to the Director of LUGM, requesting the Planning Commission’s direction in terms of any further properties that are to be served in the St. George’s Park area. A copy is attached to the Minutes.

 

E. Legal Counsel’s Contract

 

Mr. King reviewed Ms. Meiser’s letter dated September 30, 2007 relating to renewal of the Legal Counsel’s Contract, and proposing terms for an additional five years. A copy is attached to the Minutes. Mr. King noted Ms. Meiser’s superior performance to date, and recommended Board approval.

 

Commissioner St. Clair moved to approve Legal Counsel’s contract as presented by staff. Commissioner Lancaster seconded the motion, and approval was unanimous.

 

CHIEF FINANCIAL OFFICER’S REPORT

 

A. Accounts Receivable Report

 

Ms. Shick presented the Accounts Receivable Report, a copy of which is attached to the Minutes.

 

B. Securities Report

 

Ms. Shick presented the Securities Report, a copy of which is attached to the Minutes.

 

She reported that she is not in receipt of the Audited Financial Statements to date, and that she will email the document to the Board when it becomes available. Mr. Murphy, of Murphy & Murphy, CPA, LLC  will be invited to present results of the Audit at the November meeting.

 

CHIEF ENGINEER’S REPORT

 

A. Standard Report

 

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

 

B. Evergreen Park Sewer Project

 

A copy of the related Power Point presentation is attached to the Minutes. He concluded by informing the Board that a Public Hearing on the proposed project will be held next Tuesday at 6:30 p.m. at the Spring Ridge Elementary School.

 

CHIEF, FACILITIES & OPERATIONS MANAGER’S REPORT

 

A. DSI Update

 

Mr. Sullivan reported that since the 7 variable frequency drives for the aeration blowers at Marlay-Taylor became operational on October 1st, there has been a 30% reduction in electrical consumption.

 

B.  Laurel Ridge Well #1 Replacement

 

He further reported that Well #1 at Laurel Ridge was taken offline in late June, after it began pumping significant amounts of sand. A video inspection showed a perforation in the area of the well casing, and a sleeve was inserted at that depth in an attempt to seal if off. However, this did not correct the problem. Consultants have advised drilling a new well, which staff recommends installing in the Aquia formation for a savings of $90K. Mr. Sullivan subsequently requested Board approval to proceed with the bidding process. The Board concurred.

 

CONTINUING BUSINESS

 

A. Disposition of MetCom Billing Discrepancies

 

Mr. King summarized contents of his 10/10/07 Memorandum to the Board on this issue. A copy is attached to the Minutes. 

 

He requested approval of Resolution No. 2007-05, which he read into the record, noting that this document is intended to replace the policy adopted in April, 2007.

 

Following a lengthy discussion, Commissioner Werner moved to approve Resolution No. 2007-05 as proposed. Commissioner Owen seconded the motion, and approval was unanimous.

 

B. Capital Contribution Charge Grandfathering Consideration

 

In Counsel’s absence, it was decided to table this issue until the November meeting.

 

ADJOURNMENT

 

There being no further business, Commissioner Werner moved to adjourn at 4:02 p.m. Commissioner St. Clair seconded the motion, and approval was unanimous.

 

                                                         

Lilian J. Bryan, Secretary