MINUTES

ST. MARY’S COUNTY METROPOLITAN COMMISSION

REGULAR MEETING

JANUARY 10, 2008

The meeting commenced at 1:10 p.m. In attendance were Commissioners Taylor, Werner, Cranford, St. Clair, Owen and Oliver (representing Captain Glen Ives); staff members King, Shick, Cullins, Sullivan and Bryan. Also in attendance was Jacki Meiser, General Counsel.

MOTION TO APPROVE AGENDA

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

APPROVAL OF MINUTES

Commissioner St. Clair moved to approve Minutes of Regular Session dated December 13, 2007 with the inclusion that “Commissioner Taylor permanently left the meeting prior to Executive Session; and Commissioner Owen following Executive Session.” Commissioner Werner seconded the motion, and approval was unanimous.

APPROVAL OF EXECUTIVE SESSION MINUTES

In the absence of an Executive Session, Commissioner Taylor requested a motion approving Minutes of Executive Session dated December 13, 2007.

Commissioner Werner so moved. Commissioner Owen seconded the motion, and approval was unanimous.

DIRECTOR’S REPORT

A. Laurel Ridge Well Replacement Prior Intent Resolution.

Mr. King requested approval of Resolution 2008-01, relating to anticipated replacement of the main well at the Laurel Ridge subdivision in the amount of ±$200,000. He subsequently read the Resolution into the Minutes, a copy of which is attached.

Commissioner St. Clair moved to approve Resolution 2008-01 as recommended by Commission staff. Commissioner Cranford seconded the motion and approval was unanimous.

B. St. Mary’s County Housing Authority Extension of Debt Service Payment

Mr. King briefly reviewed the issue, and reported that the Housing Authority is requesting a further 90-day extension of the deadline for payment of Supply and Storage Fees for The Gateways. A previous 120-day extension approved by the Board expired on January 9th, 2008.  Mr. Nicholson anticipates being able to settle on the project in February, and has indicated that once they reach full occupancy, MetCom’s loss of interest income on these fees may be within the resources of Gateways.

Commissioner Cranford moved that the Commission extend the deadline for payment by the St. Mary’s County Housing Authority of the water supply and storage fees for the Gateways from January 9, 2008 until April 9, 2008. Commissioner Werner seconded the motion, and approval was unanimous.

C. Andover Estates Public Hearing

Mr. King informed the Board that a Public Hearing for Andover Estates Road/Route 249 Sewer Project, Phase 1, will be held on Thursday, January 31, 2008 at 7:00 p.m. at the 2nd District Fire Department in Valley Lee, Maryland. He noted a one-time Capital Contribution Charge of $1,491.51/EDU; Sewer Service Charge/month of $26.39/EDU, and System Improvement Charge/month of $8.75/EDU.

In response to a question from Commissioner Taylor, Mr. King said that it is MetCom’s usual practice to mail individual notices to property owners of smaller developments. However, he will ensure that it was done in this instance.

CHIEF FINANCIAL OFFICER’S REPORT

Commissioner St. Clair requested further information on implementation of the Miss Utility Fees which was discussed at last months meeting. However, Mr. King requested that Ms. Shick complete her report to enable staff to retrieve the necessary information.

A. Standard Reports

Commissioner Werner moved to waive oral presentation by the Chief Financial Officer and to accept the routine monthly financial reports as submitted and reviewed by this Commission. Commissioner Cranford seconded the motion, and approval was unanimous.

B. Employee Health Insurance Refund

Ms. Shick requested that the Board “Move to accept management’s recommendation to transfer $283,984 of the health insurance refund from Fiscal Years 2004-2007 into the Other Post-Employment Benefit (OPEB) trust account, when it is established, and further move to credit $30,569 of the health insurance refund to current employees, by applying the said $30,569 credit to offset or to refund health insurance premium payments.

Commissioner St. Clair so moved. Commissioner Werner seconded the motion, and approval was unanimous.

C. Budget Amendment

In addition, Ms. Shick requested that the Board “Move to amend the FY2008 Operating Budget, as recommended by the Chief Financial Officer, to re-allocate:

$7,975 from the budget expense line for Water & Wastewater Collection Right of Way Clearing;

$1,850 from the budget expense line for Maintenance Truck 557; and

$9,500 from Fiscal and Administration Sealer for Bills;

to offset the following unanticipated expense line items:

$3,950 to provide air conditioning in the Computer Room; and

$15,375 to replace Truck 547.

This budget amendment has no effect on The Net Income from Service Charges.”

Commissioner St. Clair so moved. Commissioner Owen seconded the motion and approval was unanimous.

Reverting to the Miss Utility issue, Mr. King distributed documents which were previously provided to the Board.   He reviewed numbers and reiterated his comments made at the December 13, 2007 meeting.

Commissioner St. Clair requested staff to extend an invitation to Commissioner Mattingly, and any other County Commissioner who might be interested, to express their concerns on this issue at the February Board meeting. He also requested that they be provided in advance with an updated fact sheet for the additional months of November and December.

Commissioner Owen stated that the whole key to this issue is that call-ins are only effective for 10 days at a time. If, after this period, the contractor fails to call Miss Utility for a restake and the line is not located where it is marked, it then becomes his responsibility to have it repaired. He also noted that none of the other agencies charge this fee, although he understands the need for the Commission to recover its monies. Following further discussion, Commissioner Taylor suggested that the other agencies are significantly larger, but agreed that this issue should be resolved in a fair and equitable manner.

CHIEF ENGINEER’S REPORT

A. Standard Report

Commissioner Owen moved to waive oral presentation by the Chief Engineer and to accept the routine monthly engineering reports as submitted and reviewed by this Commission. Commissioner St. Clair seconded the motion, and approval was unanimous.

B. Buck Hewitt Road Gravity Sewer Extension

Prior to the above discussion being held, Commissioner Owen excused himself and left the meeting room at 2:00 p.m.

Following Mr. King’s review of this project, he requested that the Board:

“Move to authorize the Chairman to accept the proposal from W.M. Davis, Inc., to pay MetCom’s share of the cost of the extension of the Buck Hewitt Road Gravity Sewer Extension, in the amount of $118,178 in accordance with the plans approved by the Commission’s Chief Engineer, and subject to a determination by the Chief Engineer, that the cost contained in the proposal are responsive and responsible. “

Commissioner Cranford so moved. Commissioner St. Clair seconded the motion, and approval was unanimous.

Commissioner Owen re-entered the room at this point.

CHIEF, FACILITIES & OPERATIONS MANAGER’S REPORT

A. Vaughn Chopper Pump Replacement

Mr. Sullivan justified staff’s recommendation, a copy of which is attached to the Minutes. He requested approval for the following motion:

Move that the Commission award the proposal from Denco Inc. for $47,776.00 plus $2,500.00 freight to provide two digester sludge recirculation chopper pumps as specified on the proposal”

Commissioner Owen so moved. Commissioner St. Clair seconded the motion and approval was unanimous.

B.Approval to Award Polymer Contract

Mr. Sullivan further requested that the Board “Move that the Commission accept and award the proposed Open-End Contract for Polymer Purchase to Polydyne, Inc. for the contract price of $0.965 per pound”.

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

At this point, Commissioner Cranford moved to rescind his previous motion regarding the Buck Hewitt Road Gravity Sewer Line Extension. Commissioner St. Clair seconded the motion and approval was unanimous, with the exception of Commissioner Owen who abstained from voting.

Commissioner Cranford further moved that the Commission authorize the Chairman to accept the proposal from W.M. Davis, Inc., to pay MetCom’s share of the cost of the extension of the Buck Hewitt Road Gravity Sewer Extension, in the amount of $118,878 in accordance with the plans approved by the Commission’s Chief Engineer and subject to a determination by the Chief Engineer that the costs contained in the proposal are responsive and responsible. Commissioner St. Clair seconded the motion, and approval was unanimous, with the exception of Commissioner Owen who abstained from voting.

ADJOURNMENT

There being no further business, Commissioner St. Clair moved to adjourn at 2:22 p.m. Commissioner Cranford seconded the motion, and approval was unanimous.

Lilian J. Bryan, Secretary