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MINUTES
ST. MARY’S COUNTY METROPOLITAN COMMISSION
REGULAR MEETING
MARCH 09, 2006
The meeting commenced at 1:00 p.m. In
attendance were Commissioners Taylor, Gant, Werner, Cranford and Wood;
together with staff members King, Frederick, Shick, Cullins, Sullivan
and Bryan. Also in attendance were Jacki Meiser, General Counsel, Mr. &
Mrs. Donny Dunbar, and Messrs. Glenn Gass and James Strohecker.
MOTION TO APPROVE AGENDA
Commissioner Wood moved to approve
the Agenda as presented by staff. Commissioner Werner seconded the
motion and approval was unanimous.
30-YEAR MERITORIOUS SERVICE AWARD –
STEVEN L. KING
Commissioner Taylor presented Mr. King
with a 30-Year Meritorious Award and Pin, and thanked him on behalf of
the Board for his impressive tenure and loyal service.
APPROVAL OF MINUTES
Commissioner Werner moved to approve
Minutes of Regular Meeting dated February 08, 2006. Commissioner Gant
seconded the motion and approval was unanimous.
EXECUTIVE SESSION
Commissioner Wood moved to adjourn
into Executive Session at 1:10 p.m. to discuss personnel issues and
potential litigation. Commissioner Cranford seconded the motion and
approval was unanimous.
The meeting readjourned into Regular
Session at 1:15 p.m.
Commissioner Gant moved to approve
Minutes of Executive Session dated February 08, 2006. Commissioner Wood
seconded the motion and approval was unanimous.
DIRECTOR’S REPORT
A. House Bill 1698
Mr. King informed the Board that the
referenced House Bill relating to the fee restructuring proposal has
been drafted by the Department of Legislative Services. No substantive
changes were made to the Commission’s original draft. The Board will be
informed when a hearing date is assigned to the Bill.
B. Senate Bill 379 - Bay Restoration
Fund – Patuxent River Watershed
Mr. King briefly reviewed highlighted
sections of Senate Bill 379. He noted a distinct advantage if it passes,
in that it would prioritize the Patuxent River as the first tributary in
the Chesapeake Bay to receive funding from the Chesapeake Bay
Restoration Fund.
B. House Bill 1158
Mr. King noted his specific concerns
with the current language of the Bill which sets a standard for nitrogen
and phosphorus to be calculated on a daily basis; and a total maximum
daily load for nitrogen of 1,200 lbs/day. He does not believe that this
is the intent of either the Chesapeake Bay Restoration Fund program or
Senate Bill 379. In addition, he noted that the total point source
requirement within the Implementation Schedule of the new Maryland’s
Tributary Strategy Statewide Implementation Plan, more than doubles that
proposed in Senate Bill 379. He has discussed his concerns with
Delegate Kullen based on the premise that the standard set for Patuxent
River will probably be applied to the rest of the Chesapeake Bay.
Delegate Kullen has invited Mr. King to meet with her to determine if
the language can be changed to suit both of their requirements.
Following Mr. King’s statement that he
is unaware of any knowledgeable technical input that was used in setting
criteria for either HB 1158 or SB 379, Commissioner Wood suggested that
it would appear to be beneficial for staff to have discussions with
personnel involved with both bills in an attempt to ensure that they are
cross-filed.
B. Dept. of Housing & Community
Development (DHCD) Loan Refinancing
Mr. King reported that the Board of
County Commissioners has approved their Resolution authorizing
refinancing of loans the Commission took out with DHCD in 1995/1996. The
required documentation has been submitted to the State, with an
anticipated settlement date of April 5th, 2006.
ASSISTANT DIRECTOR’S REPORT
A. Marlay-Taylor Sludge Upgrade Update
In Mr. Shreve’s absence, Mr. King
reported that the original contract for this project is essentially
complete, following the final installation of the Secondary Digester
Floating Dome which was tested and placed in service on February 28th.
B. Arsenic Mitigation Wells Ceremony
Mr. King reported that a start-up
ceremony of the first drilling rig associated with the arsenic
mitigation wells has been scheduled for 9:00 a.m. on Monday, March 20th.
FISCAL 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.
C. Single Audit
Ms. Shick reported that the Commission’s
Single Audit received an Unqualified Opinion, with “No Reportable
Conditions Identified”, and no instances of non-compliance. Commissioner
Wood was assured by Ms. Shick that the disclaimer contained within the
document is standard language, and that the audit was properly
conducted.
D. IT Consultant Services Bid
Ms. Shick recommended approval to award
the referenced contract to Innovative Technical Consulting, LLC for its
responsible bid submittal. A copy of the bid results and a summation of
the evaluation process are attached to the Minutes.
Commissioner Werner moved that the
Commission accept the proposal from Innovative Technical Consulting, LLC
dated February 26, 2006 and award the open-end contract of IT Consulting
Services at the hourly rate of $65.00. Commissioner Cranford seconded
the motion and approval was unanimous.
E. GASB 45
Ms. Shick briefly reviewed “GASB 45”, a
recently passed Government accounting standard, which provides more
reliable and useful financial information involving the cost and
financial obligations governments incur when they provide
post-employment benefits other than pensions. The Commission will
piggyback on the County’s contract with Bolton Partners for the
performance of an actuarial study; the approximate cost of which is
anticipated to be ±$1,000-$1,500. Implementation will become effective
in FY 2008.
ASSISTANT DIRECTOR’S REPORT
A. Shared Use of Summit Hill Water Tower
Driveway
Mr. King referred to a Memorandum dated
March 2, 2006, which details the history of Mr. & Mrs. Dunbar’s request
to utilize the Summit Hill Water Tower Driveway to access a lot they
propose to develop, and which they claim cannot be accessed any other
way. A copy is attached to the Minutes. Mr. King restated
staff’s opinion that it would be
inappropriate for the Commission to be either selling or permitting
legal access through the pumping station.
Mr. Donny Dunbar was invited to address
the Board at this point, and he reiterated that his property can only be
accessed through the Summit Hill water tower entry. Staff and Counsel
disagreed with his statement.
Following a lengthy discussion, Counsel
advised Mr. & Mrs. Dunbar that a more appropriate course of action on
their part would be to petition the Court and demonstrate that the
property is undeniably landlocked. However, this would require a
demonstration that all other efforts have been exhausted. The Courts
would then make an official ruling as to their legal point of access.
Commissioner Taylor agreed with Counsel’s recommendations and suggested
that Ms. Meiser put them in writing for Mr. & Mrs. Dunbar’s easy
reference.
Mr. Dunbar questioned whether the
Commission would consider purchasing this property if his request is
denied. Commissioner Taylor answered that it would be inappropriate to
address this question until they have exhausted all of the options
available to them; and Mr. King added that the Commission is under no
obligation to do so.
HUMAN RESOURCE MANAGER’S REPORT
A. Approval to Perform Salary Study.
Ms. Cullins justified specific reasons
for her request for Board approval to solicit proposals to conduct a
Salary & Compensation Study to be implemented in FY07. She noted that a
budget amendment might be necessary for FY06 should the successful
consultant undertake this study within that year.
Following further discussion,
Commissioner Wood moved that the Human Resources Manager solicit
Requests for Proposals to have a Salary Classification Study of all
Metropolitan Commission employee positions so any salary adjustments may
be incorporated in the FY2007 budget process. Commissioner Cranford
seconded the motion and approval was unanimous.
ENGINEER’S REPORT
A. Mr. Frederick reviewed the standard
Engineer’s Report, a copy of which is attached to the Minutes.
B. Open-End Contractor Services:
Improvements, Alterations, Repair or Maintenance to Water Distribution
and Sewage Collection Systems:
Mr. Frederick requested approval to
award the proposed contract dated February 22, 2006, submitted by
Strohecker Inc., for the prices as set forth in the contract to provide
general maintenance contract services. A copy of his justification is
attached to the Minutes.
Commissioner Wood so moved.
Commissioner Werner seconded the motion and approval was unanimous.
B. KCI Technologies, Temporary Renewal
IDQ Contract.
Mr. Frederick recommended that the
Commission accept and award the proposed contract dated January, 2006
submitted by KCI Technologies, Inc. for the prices as set forth in the
contract to provide general engineering, surveying and technical support
services. Relevant documentation is attached to the Minutes. He noted
that this is a temporary measure prior to the new contract being
implemented.
Commissioner Cranford so moved.
Commissioner Gant seconded the motion and approval was unanimous.
C. Relocation, Sawgrass Drive Water Main
Mr. Frederick reported that the proposed
relocation of the 750’, 12” waterline located at Sawgrass Drive is
anticipated to cost in the region of ± $44,500. The work will be
accomplished by staff, with the assistance of Strohecker, Inc. He noted
that a Public Meeting will be scheduled with residents of this area in
the immediate future, and that the Board will eventually be requested to
approve this project as an unbudgeted item.
D. KCI Technologies, Preparation of Bid
Documents, Essex South Pump Station.
Mr. Frederick recommended approval to
accept and award the proposed contract dated March 2, 2006, submitted by
KCI Technologies, Inc., for the contract price of $46,815.80 to provide
bid and construction phase engineering services to complete the Essex
South Pump Station Project. Documentation is attached to the Minutes.
Commissioner Werner so moved.
Commissioner Cranford seconded the motion and approval was unanimous.
FACILITIES MANAGER’S REPORT
A. Open-End Contract for Generator
Service Repair
Mr. Sullivan recommended that the
Commission accept and award the contract proposal dated February 23,
2006 submitted by MBC Technologies, Inc. to provide generator service
and repair for the contract price of $12,665.50. Documentation is
attached to the Minutes.
Commissioner Gant so moved.
Commissioner Wood seconded the motion and approval was unanimous.
B. Open-End Contract for Potable Water
Tanker Service
Mr. Sullivan requested approval to
accept and award the proposed Potable Water Tanker Service Contract
dated March, 01, 2006 submitted by Cullins Trucking, Inc. for the
contract rate of $75/hour for regular and overtime rates. Documentation
is attached to the Minutes.
Commissioner Cranford so moved.
Commissioner Werner seconded the motion and approval was unanimous.
C. Open-End Contract for Portable Pump
Rental
Mr. Sullivan recommended approval to
accept and award the proposed Portable Pump Rental contract to Pump &
Power Equipment, Inc. for the contractual service rates as set forth in
the Contract dated March 02, 2006. Documentation is attached to the
Minutes.
Commissioner Cranford so moved.
Commissioner Werner seconded the motion, and approval was unanimous.
D. Generator Purchase & Installation
Mr. Sullivan recommended approval to
accept and award the proposal dated March 07, 2006 submitted by MBC
Technologies, Inc., for the contract price of $29,476 to purchase and
install a back-up generator at the Wilderness Run Water Pumping Station.
Furthermore, to amend the Operating Budget accordingly to fund this
contract award. Documentation is attached to the Minutes.
Commissioner Werner so moved.
Commissioner Wood seconded the motion and approval was unanimous.
E. Skid Steer Loader
Mr. Sullivan stated that bids for this
vehicle were received under the budgeted amount and, therefore, does not
require Board approval.
CONTINUING BUSINESS
A. Developer Reimbursement Policy
Mr. King briefly reviewed staff’s
current, written recommendation which was presented at the February 09,
2006 Board meeting. Commissioner Taylor reiterated his belief that the
Commission should take an active role in ensuring that the necessary
infrastructure is installed in growth areas. At this point, Commissioner
Wood questioned the viability of the Commission recouping its costs if
it provides additional funding to increase initial capacities as a
result of anticipated growth. However, Mr. King noted that this has not,
historically, been Commission policy. Further copies of the proposed
Policy will be provided to the Board at April’s meeting, and a formal
motion will be presented to them at that time.
COMMISSIONERS’ TIME
A. Leonardtown Allocation
Commissioner Taylor recognized the
presence of Mr. Glenn Gass, P.E., in the audience, and invited him to
address his concerns regarding sewer allocation to the Ryken High
School.
Prior to his doing so, Mr. King reported
that he has discussed this issue with Mr. Gass on multiple occasions. He
added that the issue of whether the 40 EDU’s currently being billed to
the High School would be retained by them, or by the County, is a matter
to be resolved solely by the Planning Commission.
Mr. Gass addressed the Board and stated
that the school proposes to build a sports complex, which will not
increase its current flow. He added that although the Town has already
conducted an Annexation Hearing at the school’s request, the process
cannot be finalized until the issues of Critical Areas and sewer
allocation are resolved.
Mr. King referred to an
Interjurisdictional Agreement which the Commission executed with the
Town of Leonardtown in 1980. As part of that Agreement, MetCom purchased
the sewer lines south of Town Run, which included the sewer line
extending to Ryken High School. He has provided Mr. Gass with a copy of
this document, which clearly states that the Commission has no control
over whether or not the Town annexes properties that are out of the
County. However, in the event that they do, the Commission is entitled
to the adjustment in sewer capacity.
It was finally concluded that Mr. King
would write a letter to the Planning Commission on Ryken High School’s
behalf. The Board will be updated on this issue.
ADJOURNMENT
There being no further business,
Commissioner Wood moved to adjourn at 3:30 p.m. Commissioner Cranford
seconded the motion, and approval was unanimous.
Lilian J. Bryan, Secretary
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