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MINUTES
REGULAR MEETING
ST. MARY’S COUNTY METROPOLITAN
COMMISSION
MAY 11, 2006
The
meeting commenced at 1:05 p.m. In attendance were Commissioners Taylor,
Suggs, Gant, Murphy, Cranford, Wood and Werner; staff members King,
Shreve, Frederick, Shick, Cullins, Sullivan and Bryan. Also in
attendance was Jacki Meiser, General Counsel.
MOTION TO APPROVE
AGENDA
Commissioner
Werner moved to approve the Agenda as presented by staff. Commissioner
Murphy seconded the motion and approval was unanimous.
APPROVAL OF
MINUTES
Commissioner Suggs
moved to approve Minutes of Regular Meeting dated March 09, 2006.
Commissioner Gant seconded the motion and approval was unanimous.
EXECUTIVE SESSION
Commissioner Wood
moved to adjourn into Executive Session to discuss potential litigation,
acquisition of property, and personnel issues at 1:08 p.m. Commissioner
Cranford seconded the motion and approval was unanimous.
The meeting
readjourned into Regular Session at 2:03 p.m.
Commissioner Wood
moved to approve Minutes of Executive Session dated March 09, 2006.
Commissioner Cranford seconded the motion and approval was unanimous.
Commissioner Wood
moved that the Commission authorize Counsel to initiate condemnation
proceedings for the acquisition of a 60’ wide right-of-way for the
entrance to the Shangri-La Drive Wastewater Pumping Station, in
conjunction with Contract 8-30-S. Commissioner Suggs seconded the
motion, and approval was unanimous.
Commissioner Gant
moved that Rebecca B. Shick be appointed Commission Treasurer, effective
as of the date Ms. Shick is duly sworn into office before the Clerk of
the Circuit Court of St. Mary’s County. FURTHER MOVED, that Steven L.
King cease to act as Treasurer as of the effective date of Ms. Shick’s
appointment. Commissioner Cranford seconded the motion and approval was
unanimous.
DIRECTOR’S REPORT
A. House Bill
1698, Uniform Debt Service Charge
Mr. King reported
that although House Bill 1698 was passed by both the House and Senate
unanimously, an approved Amendment to the Bill submitted by Senator
Dyson was not presented in time for it to be ratified by the House.
Staff will address the concerns specified in the Amendment in the
interim, and recommends its resubmittal this approaching Session.
Commissioner Wood
subsequently moved that the Commission direct staff to vigorously pursue
whatever measures are necessary to re-present the proposed Bill in a
completely acceptable form, which would enable it to pass at the next
Session, and which would enable benefits to accrue to the people the
Commission serves. Commissioner Murphy seconded the motion and approval
was unanimous.
B. Ryken High
School/Leonardtown Public Schools Complex Update
Mr. King reported
that the Board of County Commissioners has permitted the Town to retain
sewer capacity allocated to the School, and has directed its staff to
strive to obtain additional capacity for the County outside of the Town
area. He noted that this is particularly important for the school
system. In the meantime, staff has been directed to update current EDU
tables to ensure that they are accurate.
Commissioner
Taylor thanked staff for their efforts in this regard, and congratulated
them on bringing this issue to a successful conclusion on the school’s
behalf.
ASSISTANT
DIRECTOR’S REPORT
A. St. Clements
Shores/Compton Sewer Project Survey
Mr. Shreve
reviewed a map illustrating the various levels of responses received
from property owners; together with Compton Sewer Cost Estimates. Copies
are attached to the Minutes. He reported sufficient interest to warrant
further pursuit of this project, and noted a strong possibility that it
would be eligible to receive monies from the Bay Restoration Fee Fund.
The Board subsequently agreed that staff should take results of the
survey to a Public Hearing.
HUMAN RESOURCES
MANAGER’S REPORT
A. MetCom
Acceptable Use Policy (AUP) Internet & Network Computing Systems
Ms. Cullins
presented the referenced document, and requested its review prior to the
June 08, Board meeting. A copy is attached to the Minutes.
B. Flexible
Spending Account
Ms. Cullins
requested approval to accept a bid from BeniSource, a Division of CBIZ,
to continue providing services to support the MetCom Flexible Spending
Account Plan for the annual cost of $2,400.00 for one year, with a
possible three additional one-year periods.
Commissioner Suggs
so moved. Commissioner Cranford seconded the motion, and approval was
unanimous.
C. Personnel
Issues
Ms. Cullins
reported the following personnel issues:
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Steve Engleson,
Construction Inspector, was recently promoted to the position of
Project Manager;
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Lee Lee Raley,
Purchasing Agent, has announced her intention to retire from MetCom
towards the end of this year; Joy Hamlet, Fiscal Technician will fill
her position.
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Ed Hogan, Senior
Operator, MTWRF, is graduating with a Bachelor’s Degree in Chemistry
from St. Mary’s College of Md. this weekend.
D. Salary &
Compensation Study
Following Ms.
Cullins presentation and further discussion on this issue,
Commissioner Wood moved to accept the proposal from the Singer Group,
Inc., Management Consultants, to conduct a Comprehensive Compensation
and Classification Study for the contract price of $33,000.00. FURTHER
MOVED to approve a possible scope of services amendment to include
informational and communication meeting for the additional sum of
$2,800.00. Commissioner Werner seconded the motion and approval was
unanimous.
FISCAL OFFICER’S
REPORT
Ms. Shick
presented the following Reports for April, 2006, copies of which are
attached to the Minutes:
A. Accounts
Receivable Report;
B.
Securities Report;
C. Third
Quarter Financial Statement;
D. Budget
Amendment for FY 2006
Following a
lengthy discussion, Commissioner Wood moved to amend the FY2006
Operating Budget, as recommended by the Commission Fiscal Officer, to
add line items for tracking engineering professional services and
reallocate various other line items, both revenue and expenses, based on
current budget projections. Commissioner Suggs seconded the motion, and
approval was unanimous.
E. Draft FY07
Operating Budget
Ms. Shick
presented the Draft FY07 Budget, during which she detailed staff’s
justification for a proposed energy surcharge. Mr. King further expanded
on the advantages of its implementation. A complete copy of the document
is attached to the Minutes.
In conclusion, Mr.
King congratulated Ms. Shick on successfully collating the Budget and
Financial Statements within a limited period of time.
In answer to
staff’s request for the Board’s direction, Commissioner Wood suggested
that the Board concur with the idea of proceeding with the necessary
actions to develop, identify and set an energy surcharge to be
implemented during the FY2007 budget period. The Board agreed, and
authorized staff to proceed to Public Hearing.
Mr. King further
stated that staff proposes to meet with the development community in the
immediate future to discuss the issue of the Commission’s Review Fees.
In addition, he proposes to pursue implementation of a seasonal rate
structure for water/sewer usage by the next Fiscal Year.
Ms. Shick
concluded by stating that she will be presenting the budget for approval
at the June 08, 2006 meeting, and would be pleased to answer any
questions in the interim.
F. State
Retirement Benefit Enhancement Plan
Ms. Shick reviewed
an outline of House Bill 1737, “State Employees’ and Teachers” Pension
Enhancement Benefit Act of 2006”, which was enacted on April 25, 2006. A
copy is attached to the Minutes. The Commission has the option to
participate in this Plan, which requires eligible employees to start
contributing an additional 1% over the next three years; commencing July
1st, 2006. Specific amount of the employer’s contribution
will not be available until after August 8th, 2006. However,
the decision to participate or not will have to be made this fiscal
year.
ENGINEER’S REPORT
A. Relocation,
Sawgrass/Bay Ridge Water Line
Following Mr.
Frederick’s recommendation, Commissioner Suggs moved to approve the
expenditure of the estimated project cost of $52,000 to relocate the
Sawgrass/Bay Ridge water line; which work will be completed by
Strohecker, Inc., at the Commissioners standard maintenance contract
rates,
together with
MetCom in-house construction crews. Commissioner Wood seconded the
motion and approval was unanimous.
B. Construction
Trailer for Inspectors
Mr. Frederick
justified staff’s recommendation and requested Board approval to utilize
a construction trailer, as a temporary measure, for the overflow of
staff within his department.
Commissioner
Werner moved to approve the bid from William Scotsman Inc., for the
delivery, set-up and rental of a temporary construction trailer (44’ x
12’) to house construction inspectors at the MetCom Administrative
Building for the 24-month rental rate of $329.00 per month, plus
delivery, set up and leveling fees totaling $721.00, for a total cost of
$9,338.00. Commissioner Murphy seconded the motion, and approval was
unanimous.
C. Chancellors Run
Road
Mr. Frederick
reported that MetCom has received a proposal from the State/KCI
Technologies to perform the prebid portion, at their cost, of a State
design-build project. However, he cautioned the Board that by accepting
this proposal MetCom will, in future, be financially responsible for the
construction/relocation of its lines. The exact amount will not be
identified prior to completion of the bidding process, but staff
anticipates that the proposed water/sewer relocation and expansion will
total approximately $1M-$2M.
D. Sewage
Forcemain/Hollywood Town Center Expansion:
Mr. Frederick
reported that St. John’s Church plans to install a 3” water line from
their property to the existing manhole, at 100% of their cost. He noted
that they intend to locate this in the exact position the Commission
plans to install an 8” line for the proposed Hollywood Town Center
expansion, and recommended that the Commission forward-fund the cost
to expand the 3” to an 8” line. Mr. King assured the Board that the
entire cost will be recovered in the future; if not from the developer,
then from the people who use that system.
Commissioner Gant
moved that the Commission authorize an expenditure of up to $57,100 to
enable the Commission to increase the size of the new sewage force main
that will serve St. John’s Church, from 3” diameter to 8” diameter, in
order to provide capacity for planned growth in the Hollywood town
Center. Commissioner Wood seconded the motion, and approval was
unanimous.
FACILITIES
MANAGER’S REPORT
A. Open-End
Contract for Hauling Non-Potable or Treated Wastewater Effluent Water
Contract.
At Mr. Sullivan’s
recommendation, Commissioner Wood moved to accept and award the
proposed Open-End Contract for Hauling Non-Potable or Treated Wastewater
Effluent to Chesapeake Express Hauling, LLC, Inc. for the contract price
of $72.00 per hour for both normal and after working hours. Commissioner
Cranford seconded the motion and approval was unanimous.
B. Open-End
Contract for Propane Purchasing and Repair Service
Commissioner
Cranford moved to accept and award the proposed Open-End Propane
Purchasing Contract to Southern Maryland Oil for the price of $1.89 per
gallon of propane, $95.00 per hour for repair service during normal
working hours, and $105.00 per hour for repair service after normal
working hours. Commissioner Gant seconded the motion and approval was
unanimous.
C. Open-End
Contract for Fuel Oil Purchasing
Commissioner
Cranford moved to accept and award the proposed Open-End Contract for
Fuel Oil Purchasing to Burch Oil Company, Inc. for the price of $2.739
per gallon of High Sulfur Diesel Fuel, $2.589 per gallon of Fuel Oil #2,
$129.00 per hour for repair service during normal working hours and
$194.00 per hour for repair service after normal working hours.
Commissioner Murphy seconded the motion, and approval was unanimous.
D. Marlay-Taylor
WRF Update
Mr. Sullivan
reported that, at this point, both primary digesters continue to improve
both biologically and operationally.
CONTINUING
BUSINESS
A. Developer
Construction Reimbursement Policy
Mr. King
reintroduced this issue in the form of a formal policy, which he
reviewed. He requested Board approval prior to its implementation.
During the ensuing
discussion, Commissioner Wood noted a mathematical error on Page 2,
“Developer Construction Reimbursement Worksheet – Pueblo Estates”,
and stated that the correct total of “Maximum Additional EDU’s Per
Flow” should equal 355 EDU’s, and not 288 EDU’s. Staff concurred.
Commissioner Wood
moved that the Commission revise its policy on permitting developers to
recoup some of the cost that they incur to extend and expand water and
sewer facilities in accordance with the provisions outlined in the
attached Developer Construction Reimbursement Policy Summary.
Commissioner Gant seconded the motion and
approval was unanimous.
In conclusion,
Commissioner Taylor directed staff to immediately make the referenced
mathematical correction noted by Commissioner Wood.
NEW BUSINESS
A. Public Sewer
Use Regulations Revisions
Mr. Shreve briefly
reviewed the following two major changes within this document:
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Page 16, Item
“q” changes the original concentrations ceiling from 25 mg/L to
100mg/L; and
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Page 19,
Additional Pretreatment Measures, Item C, Grease, Oil & Sand
interceptors.
Commissioner Gant
moved to authorize staff to take the referenced Public Sewer Use
Regulations Revisions to Public Hearing for comment. Commissioner Suggs
seconded the motion, and approval was unanimous.
B. Exemption
Volunteer Fire and Rescue Squads Water & Sewer Service Charges
Mr. King reported
that staff has recently discovered that the Bay District Volunteer Fire
Department has, unintentionally, never been billed for water and sewer
service charges. He noted that, although the Code does not provide
language that would automatically exempt the fire department and rescue
squad from service charges it has, for quite some time, exempted both
entities from Benefit Assessment Charges. He believes the concept is the
same, and recommended that the Code be changed to illustrate this. In
the interim, as a temporary measure, he requested that service charge
bills for the rescue squad be immediately discontinued.
Commissioner
Murphy moved, that the Commission cease the collection of Water Service
Charges and Sewer Service Charges from all volunteer fire departments
and rescue squads, effective immediately, and that staff develop
legislation for submission to the Maryland General Assembly to modify
the Commission’s enabling legislation to implement this exemption
permanently. Commissioner Suggs seconded the motion. Approval was
unanimous with the exception of Commissioner Wood who opposed the
motion.
ADJOURNMENT
There being no
further business, Commissioner Werner moved to adjourn at 4:55 p.m.
Commissioner Suggs seconded the motion and approval was unanimous.
Lilian J. Bryan,
Secretary
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