Public Meeting Minutes

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:

 

  • Steve Engleson, Construction Inspector, was recently promoted to the position of Project Manager;
  • 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.
  • 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:

  • Page 16, Item “q” changes the original concentrations ceiling from 25 mg/L to 100mg/L; and
  • 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