Public Meeting Minutes

MINUTES

ST. MARY’S COUNTY METROPOLITAN COMMISSION

REGULAR MEETING

SEPTEMBER 13, 2007

  

The meeting commenced at 1:05 p.m. In attendance were Commissioners Taylor, Werner, Cranford, Lancaster, St. Clair, Owen, Hanson and Oliver representing Captain Glen Ives; staff members King, Frederick, Shick, Cullins, Sullivan and Bryan. Also in attendance was Jacki Meiser, General Counsel and Mr. Henry Camaioni, resident of Wildewood.

 

APPROVAL OF AGENDA

 

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

 

APPROVAL OF MINUTES

 

Commissioner Werner moved to approve Minutes of August 16, 2007 with the following changes – Page Four, (E) “…Phases 1 & II….” should read “ Phases 1 & 2”; Page 5, date of the Public Hearing discussed under the Chief Engineer’s Report, should be corrected to “Wednesday, August 22nd….” Commissioner Lancaster seconded the motion, and approval was unanimous.

 

DIRECTOR’S REPORT

 

A. NRWA Conference

 

Mr. King invited the Board to participate in an MRWA sponsored, one-day bus trip to the NRWA Annual Conference and Trade Show at the Philadelphia Convention Center, on Tuesday, September 25th.

 

B. LUGM/MetCom Water and Sewer Allocation MOU

 

Mr. King reported that LUGM staff does not have any serious issues with the MOU, a copy of which is attached to the Minutes. The document will be presented to the Board of County Commissioners for their approval, following which it will be made available to prospective new customers.

 

B. St. Clements Shores WWTP Cell Tower Site

 

Mr. King reported that in response to significant complaints regarding poor telephone coverage, primarily within Breton Bay and St. Clements Shores, Verizon Wireless has expressed an interest in installing a cell phone tower at St. Clements Shores WWTP. Exhibits A1-A3 illustrates Site Plan, Compound Layout

and Tower Elevation. The monthly rental/lease fees of ±$1,500 will be used to offset the cost of operating the Commission’s system. With the Board’s approval, Mr. King and Counsel will begin the process of negotiating terms with Verizon staff. The Board concurred.

 

C. State Highway Administration (SHA)/Chancellor’s Run Road Widening

 

Mr. King reviewed the following documents relating to the Commission’s participation with SHA in the Rte. 237 widening of Chancellor’s Run Road.  Copies are attached to the Minutes.

 

  • November 6, 2002 letter to Mr. Gregory Welker, District Engineer, MHW authored by Maurice Daly, Assistant Engineer.
  • MSHA Utility Policy July 1989.
  • E-mail dated August 24, 2007 from Jeffrey Folden to staff
  • SHA Revised letter of Agreement dated 12/23/08;
  • Email from Steve Engleson, Project Manager, MetCom, to Jeffrey Folden dated 8/22/07;
  • E-mail  from Jeffrey Folden dated 8/23/07;
  • E-mail from John Nesbitt to Folden dated 8/24/07; specifying that MetCom can apply to the Federal Highway Administration for reimbursement for relocation of its utilities where SHA retain prior rights.
  • Email dated August 23, 2007 from Steve King to Jeffrey Folden, Transportation Engineer, SHA;
  • E-mail from Folden to Steve Engleson dated 9/12/07x2
  • Results of Bids

Counsel has informed Mr. King that MetCom does not have property interest for all of the lines involved. In addition, SHA is not obliged to reimburse the Commission’s relocation costs if it contradicts established State policy. He has, therefore, concluded that the Commission is required to pay for all relocation costs in areas where it does not have prior rights, and has signed and returned the SHA Revised Letter of Agreement dated August 23rd, 2007.  SHA is currently in the process of awarding the contract.

 

At this point, Commissioner St. Clair moved to approve Minutes of Executive Session dated August 16, 2007. Commissioner Owen seconded the motion, and approval was unanimous.

 

CHIEF FINANCIAL 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. Fourth Quarter Financial Statement

 

Ms. Shick presented the Fourth Quarter Financial Statement, a copy of which is attached to the Minutes.

 

D. New Capital Improvement Charge/System Improvement Charge Rate Approval.

 

Ms. Shick reported that the new rates will be implemented on October 1st, 2007. Copies of written comments/responses, and Minutes of Public Hearing held on 9/28/07 are attached. In summarizing his observations of the three Public Hearings he attended, Commissioner Taylor noted that he feels many members of the public were very appreciative of MetCom’s services.

 

Commissioner Werner moved that, in accordance with the revisions to Section 113 of the St. Mary’s County Code, to become effective October 1, 2007, the following Capital Contribution Charges and System Improvement Charges, as presented at duly advertised Public Hearings on August 28, August 29 and August 30, 2007, be hereby adopted.

 

System Improvement Charges:

 

Residential Water Assessment:                $2.80/EDU/Month

            Residential Sewer Assessment:               $8.75/EDU/Month

Commercial Water Assessment:              $3.36/EDU/Month

            Commercial Sewer Assessment:              $10.50/EDU/Month

Capital Contribution Charges:

 

            Residential Water                                        $702.61/EDU

            Commercial Water                                      $843.13/EDU

            Residential Sewer                                        $1,491.51/EDU

            Commercial Sewer                                      $1,789.81/EDU

 

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

 

E. Center for Life Enrichment Meter Reading Contract Approval

 

Ms. Shick reported that the Center for Life Enrichment (CLE) has been reading the Commission’s meters since 1997, but that a formal contract does not currently exist.  They have now agreed to the following contract conditions: (1) the contract will be effective for three-years; and (2) they will continue to read the meters at the rate of $1.45/meter read; the first year at the current rate, and the remaining two renewable years with a cost escalation based on the Consumer Price Index. The contract will be awarded on a sole source justification, based on the fact that CLE is a government entity.

 

Because her billed overage remains constant, Commissioner Werner reported that a resident of the Villages of Leonardtown has questioned whether the Commission has a follow-up procedure to ensure both accuracy of meter reading and positive proof that it has been performed.  Ms. Shick requested that Commissioner Werner provide her with the individual’s contact information for her action.

 

Commissioner St. Clair moved that, in accordance with Section 1.2.d (7) of the Procurement Policy, the Commission award a one-year renewable sole source contract to the Center for Life Enrichment, effective October 1, 2007, at the rate of $1.45 per meter read. Commissioner Cranford seconded the motion, and approval was unanimous.

 

ENGINEER’S REPORT

 

A. Standard Report

 

Mr. Frederick presented the Engineer’s Standard Report, a copy of which is attached to the Minutes.

 

B. Engineering Rate Approval

 

Mr. Frederick briefly reported on concerns voiced at the Public Hearing held on August 22nd, 2007 and reviewed the following correspondence:

 

  • Letter from William L. Mehaffey of  Mehaffey & Associates, P.C. dated August 31, 2007;
  • Written testimony dated August 27, 2007 from Jonathon Blasco, Vice-President, Mehaffey & Associates;  
  • Code of Public Local Laws and Ordinances of St. Mary’s County Maryland containing Schedule of Fees for St. Mary’s County for the Department of Land Use and Growth Management, and the Department of Public Works and Transportation, to review applications and inspections;
  • Engineering Department Fee Schedule, Option 1;
  •  Engineering Department Fee Schedule, Option 2.

 

In answer to a question from Commissioner Taylor, Mr. Frederick agreed that the overriding concern within the Engineering/Development community appears to be “turnaround” time. Commissioner St. Clair suggested that implementation of the Commission’s revised Standard Specifications would probably result in significant improvement within this area.

 

Mr. King informed the Board that engineering firms have been invited to participate in the review process; however, in the interim, it is the Chief Engineer’s responsibility to enforce the current specifications and to correct an existing problem. Any subsequent amendments will be distributed to all copy holders, and included in copies for purchase. It will also be possible to access the complete document on the Commission’s website.

 

At this point Mr. Frederick reviewed the available Options, copies of which are attached to the Minutes. He recommended Board approval of Option 1. Commissioner Werner questioned the inclusion of the Hermanville Road Force Main Connection within this option, and Mr. King agreed that this item should be removed from all three Options.

 

During discussion of Option 3, and in response to Mr. Frederick’s remarks regarding staff’s difficulty in properly tracking time, Commissioner St. Clair stressed that this is an acceptable and perfectly reasonable requirement of the business world. Mr. King agreed, but noted that MetCom’s current computer programs are customized, and will have to be modified to enable staff to track costs to that extent. There will also be additional costs associated with the hiring of extra personnel in order to track and verify the accuracy of invoices.

 

Referring to the lower portion of the Option 1 sheet relating to “Water Tower/Well Site Plan” and “Sewerage Pump Station Plan”, Mr. Frederick requested that the word “minimum” against the amount of $10,000 be revised to reflect it as a “deposit” instead, with the actual fee to be charged based on the cost incurred.

 

Commissioner St. Clair moved that the Commission approve Option 1 of the proposed Engineering Department fee revisions, effective October 1, 2007, as amended. Commissioner Owen seconded the motion, and approval was unanimous.

 

B. Table of Equivalent Dwelling Units Revision Approval

 

Mr. Frederick recommended that the Board move to approve the Proposal to Revise Table of Equivalent Dwelling Units, as amended, including the exhibits thereto, and to further move that the said revised equivalency table shall become effective on September 14, 2007.

 

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

 

CHIEF FACILITIES & OPERATIONS MANAGER’S REPORT

 

A. Mr. Sullivan reviewed the Water Use and Facility Summary, a copy of which is attached to the Minutes.

 

B. Approval, Purchase of Televising Camera Equipment

 

Following Mr. Sullivan’s justification for staff’s recommendation, Commissioner Lancaster moved that the Commission award the proposal from Virginia Public Works Equipment Inc. for $65,416.00 to provide and install a sewer inspection camera system. Commissioner Cranford seconded the motion, and approval was unanimous.

 

CONTINUING BUSINESS

 

Following his invitation by Commissioner Taylor to address the Board, Mr. Camaioni, resident of 22330 White Elm Court, California, Md., distributed copies of his petition disputing provision of a driveway easement to MetCom on his property. A copy is attached to the Minutes.

 

Mr. Camaioni stated that his purpose at today’s meeting is for informational purposes only. However, he noted possible repercussions arising from the Commission’s actions. He concluded by stating that, although he intends to appeal affirmation of the Conditional Use of Approval, he does not currently intend to take any specific action against the Commission.

 

NEW BUSINESS

 

A. MetCom Billing Discrepancies

 

Mr. King briefly reported on the current status of this issue, and requested that staff delay its final recommendation until the October meeting.

 

COMMISSIONERS’ TIME

 

In answer to a question from Commissioner Taylor, Mr. King reported that staff’s presentation to the BOCC to request approval for a bond loan, has been tentatively scheduled for October 2nd.  However, he is not aware of the exact time at this point.

 

In conclusion, Commissioner St. Clair expressed his appreciation of staff’s impressive efforts involved with the recent challenges presented to them, and offered the Board’s continuing support.

 

ADJOURNMENT

 

There being no further business, Commissioner St. Clair moved to adjourn at 3:45 p.m. Commissioner Cranford seconded the motion, and approval was unanimous.

 

                                                                       

Lilian J. Bryan, Secretary