MINUTES
ST. MARY’S COUNTY
METROPOLITAN COMMISSION
REGULAR MEETING
DECEMBER 13, 2007
The meeting
commenced at 1:00 p.m. In attendance were Commissioners Taylor, Werner,
St. Clair, Lancaster, Hanson, Owen and Oliver, representing Captain Glen
Ives; staff members King, Frederick, Shick, Cullins, and Sullivan. Also
in attendance were Jacki Meiser, General Counsel, Susan Harvey
(Recorder); and Messrs. Phillips and Wise of Breton Bay.
MOTION TO APPROVE
AGENDA
Commissioner St.
Clair made a motion to move up the “Breton Bay Golf Course, Board of
Directors’ Discussion” to immediately succeed ”Approval of Minutes”; and
to approve the Agenda. Commissioner Lancaster seconded the motion, and
approval was unanimous.
APPROVAL OF
MINUTES
Commissioner
Werner moved to approve Minutes of Regular Session dated November 15,
2007. Commissioner Owen seconded the motion, and approval was unanimous.
BRETON BAY GOLF
COURSE BOARD OF DIRECTORS’ DISCUSSION
Commissioner
Taylor invited Messrs. Phillips and Wise to address the Board at this
time.
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Mr. Phillips
detailed the history of the Golf Course’s efforts to construct
additional housing, and to satisfy its irrigation problems. Because
preliminary tests at a specific location on the Golf Course have
proved that it might not be suitable for the installation of a Rapid
Infiltration Basin (RIB); other alternatives are now being considered.
He noted his appreciation of Mr. King’s cooperation in this regard
over the years; however, he requested the Commission’s further help
with the County in expediting this process. He finally justified why
Breton Bay PUD should have first priority in the event that there is
sufficient capacity to handle additional hookups.
Mr. King
subsequently presented the Commission’s position on the issue as
follows:
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44 houses have
been permitted to hook up to the treatment plant at the request of the
Health Department and MDE. This has resulted in the official capacity
being exceeded. Therefore, no additional connections will be
permitted, as the capacity of the plant has already been
over-allocated.
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He regrets that
the Golf Course’s project to solve its irrigation problems was not
successful, and remarked that Compton is not a growth area. However,
he believes that, (a) utilization of the new basins installed on the
RIB site purchased from Dr. Samadi, (b) more intensive use of the
spray irrigation site, and (c) conversion of the storage lagoons back
to a treatment pond, will allow service to the existing houses in the
Compton area with failed, or failing systems, without any additional
improvements other than installation of a further RIB on the edge of
Rte. 243. He stressed that, apart from this possibility, there is no
further capacity available.
Dr. Wise stated
that the reasons he initially chose to settle in Breton Bay revolved
around the facts that there were public water and sewer opportunities,
and that it is a consolidated neighborhood in a designated neighborhood
conservation district with available PUD’s. He noted the various lost
opportunities he has witnessed over the years, and stated that Breton
Bay Recreation is now creating an opportunity for families to live in
St. Mary’s County in an existing community clustered around existing
amenities. He stressed that it would be illogical not to take advantage
of the St. Clements Shores WWTP.
Although
Commissioner Taylor did not disagree with Dr. Wise’s remarks, he
questioned whether they have had the opportunity to present their case
before the Planning Commission. Mr. Phillips replied in the negative.
Mr. King continued
that he expects a Memorandum of Understanding with the BOCC to be signed
within the next few weeks, allowing expansion of the Facilities Plan for
the 8th and 5th sanitary districts to a
County-wide Comprehensive Water & Sewer Plan. He has recommended
inclusion of the Compton, Charlotte Hall, and Hollywood areas within the
Plan, and has stressed the importance of resolving this issue. In order
to further expedite the process, the Golf Course could request the
Planning Commission to consider a change in the Water & Sewer Plan.
Commissioner
Taylor agreed that the issue should be viewed comprehensively; however,
the existing problem remains those houses that are in a failed system,
versus new construction.
Mr. King agreed
that this is the most significant issue. He noted that in the event the
Commission’s site cannot cope with the additional 16,500 gallons/day
required by the Golf Course, a pipe could be run to a drain field area
located on the Course, and discharged. However, this does not resolve
the issue and it ultimately remains the BOCC’s decision as to whether
approval given to the Breton Bay PUD in 1969 is sufficient to allow
those properties to be connected without the other properties in
Compton. He added that, although there is a piece of land in the
vicinity of the treatment plant on which an RIB can be successfully
installed, the property owner would first have to permit this. Mr. King
stressed at this point that the request would have to originate directly
from the Planning Commission and BOCC.
Commissioner St.
Clair suggested that staff arrange a meeting with the Director of LUGM
to present these issues then accompany Golf Course representatives
before the Planning Commission to introduce the facts on their behalf.
Mr. King noted
that when the County proceeds with the new County-wide Comprehensive
Water & Sewer Plan, construction of the expansion system into the
Compton area from a financial standpoint will now be more feasible as a
result of the new capital improvements financing system.
He finally agreed
that if the Planning Commission decides, prior to approval of the
County-wide Comprehensive Water & Sewer Plan, that the circumstances
involved in approval of the PUD are sufficient to allow new houses to be
built on Breton Bay and connect to the public water system, then MetCom
could treat the Golf Course’s wastewater on its site and pump the
effluent back to its disposal field.
EXECUTIVE SESSION
Commissioner
Hanson moved to adjourn into Executive Session at 1:45 p.m. to discuss
contract and personnel issues. Commissioner Owen seconded the motion
and approval was unanimous.
The meeting
readjourned into Regular Session at 3:20 p.m.
APPROVAL OF
EXECUTIVE SESSION MINUTES
Commissioner
Lancaster moved to approve Minutes of Executive Session dated November
15, 2007. Commissioner Hanson seconded the motion, and approval was
unanimous.
Commissioner
Lancaster moved to proceed with discussions regarding the Greenview West
LLC payment agreement. Commissioner St. Clair seconded the motion, and
approval was unanimous.
CHIEF FINANCIAL
OFFICER’S REPORT
Commissioner St.
Clair moved to waive the oral presentation by the Chief Financial
Officer, and to accept the routine monthly financial reports as
submitted and received by this Commission. Commissioner Hanson seconded
the motion, and approval was unanimous.
A. Maryland Local
Government Investment Pool (MLGIP)
Ms. Shick referred
to a letter dated November 30, 2007 from PNC Institutional Investments
regarding this issue, and briefly discussed Florida’s local government
investment pool freezing withdrawals. She assured the Board that
although the MLGIP is not FDIC insured and guaranteed, and the
Commission’s specific investments are not collateralized, staff is
confident that it is secure.
B. Purchase of
Printer
Following Ms.
Shick’s recommendation, contained in her Memorandum dated December 10,
2007, Commissioner St. Clair moved to amend the FY2008 Operating
Budget, as recommended by the Commission’s Chief Financial Officer, to
re-allocate $2,277 from the budget expense line for Maintenance Truck
557 ¾ ton 4wd utility body truck, to the budget expense line for Copier
with Maintenance Contract for O&M Engineering. This budget amendment has
no effect on the Net Income from Service Charges. Commissioner Lancaster
seconded the motion, and approval was unanimous.
DIRECTOR, HUMAN
RESOURCES DEPARTMENT
A. Proposals
for Worker’s Compensation Insurance
Ms. Cullins
requested approval to accept the November 28, 2007 bid of $42,436 for
Worker’s Compensation Insurance from Simm’s Insurance, through Erie
Insurance Exchange; effective January 1, 2008 for a three-year term
renewable annually.
Details of
proposals are included in the Purchasing Agents Memorandum dated
December 13, 2007, a copy of which is attached to the Minutes.
Commissioner St.
Clair so moved. Commissioner Owen seconded the motion, and approval was
unanimous.
Ms. Cullins
referred the Board’s attention to a letter dated December 7, 2007,
addressed to County Commissioner Mattingly, relating to the Singer Group
Inc’s Compensation and Classification Study of January 4, 2007; together
with a chart illustrating the number of EDU’s served per employee.
CHIEF ENGINEER’S
REPORT
Commissioner St.
Clair moved to waive the oral presentation by the Chief Engineer and to
accept the routine monthly engineering reports as submitted and reviewed
by this Commission. Commissioner Hanson seconded the motion and approval
was unanimous.
NEW BUSINESS
A. Miss
Utility Fee Discussion
At County
Commissioner Mattingly’s request, Mr. King initiated a discussion on the
imposition, as of October 1st, of the Miss Utility relocation
fee. He noted that State law allows the Commission to charge fees to
companies requesting locates of water/sewer lines, but does not permit
the charging of individual property owners. He briefly reviewed Page 6
of the FY2008 budget, which illustrates that the Commission expends
approximately $¼ M/year, to perform locates. Up to this point in time,
most of these costs are incurred to respond to contractors in accordance
with Miss Utility laws, but are being covered by the MetCom’s water and
sewer customers. Increasing costs now total a significant amount of
money, but the law allows recovery of some of the cost from companies.
He further added that no charge is incurred if staff does not find it
necessary to mark anything on site. He continued that the Commission is
currently still losing approximately $14,000/month, and the issue is
whether it is appropriate for its customers to bear this cost, or to
begin to charge the contractors who are incurring some of it.
Commissioner
Mattingly has expressed his concern that charging this fee will
discourage contractors from calling in locates, and could possibly
result in damage to MetCom’s system and injuries that otherwise would
not occur if the contractors did not have to pay the fee.
Commissioner
Werner requested that staff provide the Board with a breakdown
illustrating the difference in cost between Residential/Contractors and
Property Owners/Contractors.
After further
discussion, “Commissioner St. Clair moved that any services contract
in place prior to MetCom’s initiation of the commercial Miss Utility
Locate Fee shall be exempt from the locate fee if the services
contractor can document that its contract was initiated prior to the
initiation of the locate fee by MetCom. Further move that any services
contract commenced or renewed after the date on which MetCom initiated
the Miss Utility Locate Fee shall be subject to the said fee.
Commissioner Lancaster seconded the motion, and approval was unanimous.
B.Fleet Management
Out-Sourcing
Mr. King referred
to a Power Point presentation prepared by Enterprise Fleet Management
relating to this issue, a copy of which is attached to the Minutes. He
considers that it would benefit MetCom to consider this option from the
perspective of minimizing cost of its fleet, purchase/maintenance and
eventual sale.
In answer to a
question from Commissioner St. Clair regarding participation of other
counties in the tri-county area in a similar program, Mr. King said that
he is not aware of this, but can confidently report that they are not
utilizing the services of Enterprise Fleet Management.
He continued that
staff cannot currently recommend that the contract be either sole
sourced or competitively bid; however, if the Board agrees with the
concept, then he would say at this point that it is probably more likely
that it would be competitively bid. The Board agreed that the issue is
worth further investigation.
COMMISSION
MEMBERS’ TIME
Commissioner
Werner questioned the validity of a notice in Wednesday’s issue of the
Enterprise stating that water restrictions are still in place. Staff
agreed that this is an error, and that Enterprise staff will correct it
tomorrow.
Mr. King added
that the Commission’s Board meeting agendas will now also be included in
the Enterprise for publication.
ADJOURNMENT
There being no
further business, Commissioner Lancaster moved to adjourn at 4:45 p.m.
Commissioner St. Clair seconded the motion, and approval was unanimous.
Lilian J. Bryan,
Secretary
