Public Meeting Minutes

MINUTES

ST. MARY’S COUNTY METROPOLITAN COMMISSION

REGULAR MEETING

NOVEMBER 15, 2007

 

The meeting commenced at 8:40 a.m. In attendance were Commissioners Taylor, Werner, Cranford, Lancaster, St. Clair, Hanson, Owen and Oliver (representing Captain Glen Ives); staff members King, Frederick, Shick, Cullins, Sullivan and Bryan. Also in attendance were Jacki Meiser, General Counsel and Mr. Tim Murphy of Murphy & Murphy, LLC.

 

MOTION TO APPROVE AGENDA

 

Commissioner Cranford moved to approve the Agenda as presented by staff. Commissioner St. Clair seconded the motion, and approval was unanimous.

 

APPROVAL OF MINUTES

 

Commissioner Cranford moved to approve Minutes of Regular Session dated October 11, 2007. Commissioner Werner seconded the motion, and approval was unanimous.

 

MERITORIOUS SERVICE AWARDS

 

Commissioner Taylor presented Meritorious Service Awards to Russell Gibson, Construction Foreman (10 years), and Woody Norris, Superintendent, St. Clements Shores/Wicomico Shores Wastewater Treatment Plants (15 years). Lisa Knight, Water Treatment & Distribution/Wastewater Collections Operator, (15  years) was not present to receive her Award.            

 

AUDIT PRESENTATION – MURPHY & MURPHY, CPA, LLC

 

Mr. Murphy was pleased to report that MetCom’s audit for Fiscal Year ended June 30, 2007, has been issued an “Unqualified Opinion”; the highest level of an audit report that can be issued. He subsequently reviewed some of the highlights of the document, and concluded by complimenting Ms. Shick on the superior result.

 

EXECUTIVE SESSION

 

Commissioner St. Clair moved to adjourn into Executive Session at 9:00 a.m. Commissioner Cranford seconded the motion, and approval was unanimous.

 

The meeting readjourned into Regular Session at 10:00 a.m.

 

APPROVAL OF EXECUTIVE SESSION MINUTES

 

Following deletion of Mr. Suggs’ name, and inclusion of Commissioner St. Clair’s, Commissioner Cranford moved to approve Minutes of Executive Session dated October 11, 2007. The motion was seconded by Commissioner Lancaster, and approval was unanimous.

 

DIRECTOR’S REPORT

 

A. Table of Equivalent Dwelling Units Public Hearing Results and Resolution.

 

Following Mr. King’s review of the “Public Meeting Summary”, Commissioner St. Clair moved that the Commission adopt the proposed revisions to the Table of Equivalent Dwelling Units dated October 11, 2007 and that said revisions be retroactively effective on November 1, 2007. Commissioner Werner seconded the motion and approval was unanimous.

 

B. Amnesty Program

 

Mr. King reviewed information relating to this issue, including public notification; copies of which are attached to the Minutes. He will inform the Board at the December meeting of any responses that are received in this regard.

 

DIRECTOR, HUMAN RESOURCES DEPT. REPORT

 

A. “Way To Go” Program

 

Ms. Cullins requested Board approval for a “Way To Go” program, which will reward employees who receive significantly positive customer feedback. The employee, whose name is drawn from this group at the end of each quarter, will receive a day off with pay. Managers and Inspectors will not be eligible to participate. 

 

Commissioner Lancaster moved to authorize the Human Resources Department to manage and administer a “Way to Go Program, for rank and file employees, effective immediately. The motion was seconded by Commissioner Cranford, and approval was unanimous.

 

B. Additional Holiday.

 

Noting that the County will be rewarding their employees with an additional holiday on December 31, 2007, Commissioner St. Clair moved to do the same for MetCom staff. Commissioner Werner seconded the motion, and approval was unanimous.

 

CHIEF FINANCIAL OFFICER’S REPORT

 

A.  Accounts Receivable Report

 

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

 

B. Securities Report

 

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

 

C. First Quarter Financial Statement

 

Ms. Shick reviewed the First Quarter Financial Statement, a copy of which is attached to the Minutes. She reported an overall satisfactory result to date.

 

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. Engineering Services Contract Recommendation

 

Following Mr. Frederick’s  recommendation, Commissioner St. Clair moved to accept the Proposals from Dewberry & Davis, LLC dated October 29, 2007 and Whitman, Requardt & Associates, LLP dated October 29, 2007, and to award the Engineering Services Contract No. 08-04-E to both bidders, in accordance with the provisions of the bid documents. Commissioner Owen seconded the motion and approval was unanimous.

 

C. Buck Hewitt Road Forcemain Replacement

 

Mr. Frederick justified the request he will make at the December meeting, to  add  this proposed project to the current Capital Projects. He is unaware of the dollar value at this point.

 

CHIEF, FACILITIES & OPERATIONS MANAGER’S REPORT

 

A. Great Mills Standpipe Rental Approval: T-Mobil

 

Following Mr. Sullivan’s recommendation, Commissioner Cranford moved that the Commission accept the proposed lease agreement from –T-Mobil to install and operate cellular equipment at the Great Mills Standpipe site. Commissioner Owen seconded the motion, and approval was unanimous.

 

B. Open-End Contract for Mechanical Repairs

 

Commissioner Werner moved that the Commission accept and award the proposed Open-End Contract for Mechanical Repairs to DSI, Inc., for the contract prices as listed on the attached proposal. Commissioner Cranford seconded the motion, and approval was unanimous.

 

C. Open-End Contract for Portable Generator Rental

 

Commissioner Cranford moved that the Commission accept and award the proposed Open-End Contracts for Portable Generator Rental to Alban Rents, LLC and Sunbelt Rentals for the contract prices as listed on the attached proposals. Commissioner Owen seconded the motion, and approval was unanimous.

 

D. Three-Quarter Ton Utility Service Truck Purchase

 

Commissioner St. Clair moved that the Commission approve the purchase of a 2007 Chevrolet utility service truck from Bell Motor Company for $25,339.00. Commissioner Cranford seconded the motion, and approval was unanimous.

 

E.  Arsenic Test Results

 

Mr. Sullivan reported a last quarter discrepancy of between 2-4ppb in split samples provided to two laboratories testing for arsenic levels in wells that are due to be replaced; and the Pine Hill Run well which is not. Mr. King referred the Commissioners to graphs illustrating the unusually high increases, noting that this information will be provided to NRWA scientists. In addition, Maryland Department of the Environment staff will resample the Pine Hill Run well. With the exception of the Pine Hill Run well, the remaining wells have been scheduled for replacement.

 

Mr. King will discuss these discrepancies with his peers in the surrounding counties, and will inform the Board and the public of the results. He stressed that this is not an emergency situation.

 

CONTINUING BUSINESS

 

A. Capital Contribution Charge Grandfathering Consideration

 

Mr. King noted the following, in response to the Commission’s consideration of enacting grandfathering provisions for the implementation of the new Capital Contribution Charge:

·         Staff mailed a letter in July to the entire development community informing them that the new law had been passed, and that it would be implemented on October 1st 2007.  The Capital Contribution Charge would have to be paid if the Public Works Agreement  was not signed by that time.

·         His initial comment when this issue was initially raised, was that there is no grandfathering provision in the new law. This subject did not arise during related discussions over a period of four years, and at four Public Hearings; in addition to many discussions held at the Petty Building. 

·         A change now in the rules will affect the amount of revenues brought in by the Commission, versus what was anticipated.

·         He does now know the extent of the issue at this point. However, the final decision to do what is in the best interest of the Commission’s customers rests with the Board.

 

Counsel reiterated Mr. King’s previous remarks relating to prior notification. In   response to the belief that Commission staff is responsible for delays in the development of a number of projects, and is now changing the rate structure  at practically the conclusion of a specific project’s process, she stressed that the Public Works Agreement is executed relatively early on in the process.

 

Mr. Frederick added that neither he, nor any of his staff, was approached by a developer during the initial period with this specific complaint.

 

Commissioner Taylor agreed the subject may be a non-issue, but that he wanted it brought up as a courtesy to Commissioner Mattingly, and because he believes that there is justification to review a case where these types of circumstances may have existed.

 

In conclusion, Mr. King reported that, if it is required, staff will review each case individually.

 

NEW BUSINESS

 

A. Proposed Agenda for Joint Meeting with BOCC

 

In order to assist the Board with possible Agenda items for the joint meeting with the Board of County Commissioners (BOCC) on December 4th, Mr. King replayed the video of the October 29th discussion to repeal legislation creating MetCom and, if necessary, to authorize the County to create a sanitation department within the government.

 

The Board agreed on inclusion of the following Agenda items:

 

  • Quarterly/Monthly Public Forum
  • Additional Staff
  • Acquisition of Patuxent River Naval Base
  • In-depth briefing on CIP, and Subsequent Process.
  • St. George Park/Piney Pt. Area

 

Mr. King noted that approval of the Appropriation Permit for the Industrial Park well has just been received, and suggested the possibility of the BOCC attending a brief dedication ceremony at that site prior to the joint meeting.

 

COMMISSIONERS’ TIME

 

(a.)     Noting the significant benefits of a recent retreat she had experienced with the Tri-County Youth Services Bureau on overall Board development, Commissioner Werner suggested that the Commissioners consider participating in a similar program.  The Board agreed, and requested staff to contact a facilitator with the Maryland Association of Non Profit Organizations to arrange this for early 2008.

 

(b.)     Commissioner Taylor requested Ms. Shick to review the fees established for Miss Utility locates, and to provide him with the relevant information.

 

(c.)     Commissioner Taylor concluded by requesting that staff pare down meeting times, as Agenda’s are becoming increasingly aggressive. He suggested that it should not be necessary to review any reports mailed to the Board prior to the meeting, unless there are any questions that might arise from them.  

 

There being no further business, Commissioner Werner moved to adjourn at 11:55 a.m. Commissioner Cranford seconded the motion, and approval was unanimous.

 

                                                                                   

Lilian J. Bryan, Secretary