MINUTES REGULAR SESSION ST. MARY S COUNTY METROPOLITAN COMMISSION JUNE 9, 2011

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1 MINUTES REGULAR SESSION ST. MARY S COUNTY METROPOLITAN COMMISSION JUNE 9, 2011 The meeting commenced at 3:01 p.m. In attendance were Commissioners Werner, St. Clair, Lancaster, Tudor, Colonna, and Hanson; MetCom staff Meiser, Ichniowski, Cullins, Elberti, Shick, Edwards, and Comeau-Stanley. Various MetCom staff present for the special personnel information announcement made by Ms. Cullins. MOTION TO APPROVA AGENDA Commissioner St. Clair moved to approve the Agenda as presented by staff. Commissioner Lancaster seconded the motion and approval was unanimous. APPROVAL OF MINUTES Commissioner Tudor moved to approve Minutes of the Regular Session Meeting, dated May 26, Commissioner St. Clair seconded the motion and all in favor except Commissioner Hanson, who abstained from voting. PERSONNEL INFORMATION Ms. Cullins recognized Ms. Christy Sterling, who just found out Monday that she passed her Professional Engineering (PE) exam. Ms. Cullins noted that Ms. Sterling has been with the Engineering Department of MetCom since August, Board members and staff present offered congratulations and applauded her accomplishment. DIRECTOR S REPORT A. Election of Officers Ms. Meiser announced that it is that time of year when we select a new Chairperson and Vice Chairperson for the Commission. These positions will become effective on July 1. Commissioner Werner called for nominations for Chairperson on the Board of Directors for the Commission. Commissioner Lancaster moved to nominate Joseph St. Clair as the Chairperson, Commissioner Hanson seconded the nomination. Commissioner Tudor moved to close the nomination and Commissioner Colonna seconded the motion. With the exception of Commissioner St. Clair, who abstained from voting, all remaining Board members voted in favor of the nomination of Joseph St. Clair as Commission Chairperson. Commissioner Werner called for nominations to Vice Chairperson on the Board of Directors for the Commission.

2 Page 2 Commissioner Hanson moved to nominate Tom Tudor as the Vice Chairperson, Commissioner St. Clair seconded the nomination. Commissioner Colonna moved to close the nomination and Commissioner Lancaster seconded the motion. With the exception of Commissioner Tudor, who abstained from voting, all remaining Board members voted in favor of the nomination of Tom Tudor as Commission Vice Chairperson. B. Joint Meeting with Board of County Commissioners and Land Use and Growth Management Ms. Meiser advised that given that most have consented to the date proposed by the Board of County Commissioners, August 2, 2011 has been selected as the date for the next Joint Meeting with the Board of County Commissioners and Land Use and Growth Management. The meeting will be conducted in the conference room of our new Administrative Office. Ms. Meiser indicated that a tentative start time has been set for 1:30 p.m.; however the agenda has not yet been finalized. Once received, the information will be forwarded to all Board members. C. Marlay Taylor ENR MDE Consent Order Ms. Meiser announced that we are in the process of moving forward with a significant project at Marlay Taylor, which will make the facility compliant with new EPA and State Regulations, which require Enhanced Nutrient Removal (ENR). There were certain timelines established for when those timeline would be achieved. Certain parts were to have been implemented by last June, but because of several factors, namely the lengthy process and negotiations with the State in determining what technology would be used to accomplish the ENR. Ms. Meiser advised that the current discharge permit requires that certain things be met last June, which haven t been met because we are not as far along in the ENR project as it was originally anticipated. Ms. Meiser went on to say that there are many jurisdictions that haven t even begun to think about the design of their ENR upgrade yet, in fact there were twenty (20) Consent Agreements sent out by the Maryland Department of the Environment (MDE) two weeks ago. Ms. Meiser indicated that the State is issuing these Draft Consent Agreements to acknowledge that certain permit parameters are not being met and to indicate how the permit will be handled moving forward. This agreement establishes new deadlines and what penalties will occur if new timelines are not met. Ms. Meiser stated that this agreement is not in final form and requires corrections and a telephone conference is scheduled with the Assistant Director of the Water Management Administration as well as the Assistant Attorney General to go over the errors and omissions contained in the document, so that we can get to a finalized document and get it signed. Further discussion ensued amongst Ms. Meiser and Board members. In closing, Ms. Meiser advised Board members that she will provide additional information on this matter following the conference call. D. Building Update Ms. Meiser advised that we are in the home stretch for the move of the Administrative and Engineering Departments to our new location. MetCom will be open for business and bill paying through the end of the day on Wednesday, June 15 at the current location. On Thursday,

3 Page 3 payments cannot be made in person, as that is when the software is being transitioned from one location to the other; however, customers can resume paying in person on Friday, June 17 at our new location. Ms. Meiser announced that the next Commission meeting will be conducted in the new facility. CHIEF FINANCIAL OFFICER S REPORT A. FY 2011 Operational Budget Amendment Ms. Shick performed a review of the operating section of the FY 2011 Operating Budget and the effects of the proposed budget amendment, as shown in the spreadsheet data provided to Board members. Ms. Shick detailed the specific increases and reductions in the Sewer, Water and Engineering Divisions, as well as the General and Administrative Expenses. Commissioner St. Clair moved to amend the FY 2011 Operating Budget, as recommended by the Commission s Chief Financial Officer, to adjust expenditure line items to cover projected overages in certain expenditure line items. This budget amendment has no effect on net income from service charges. Commissioner Tudor seconded the motion and approval was unanimous. B. Public Hearing Comment Update Ms. Shick advised the Board members that no other rate comments have been received since our last meeting and during the time that the record remained open. Ms. Shick also noted that we had just three customers attend the public hearing, which was advertised on our bills and in the local newspaper for two weeks. Ms. Shick performed a review of the fee increases for the Board, as shown in the handout provided in advance of the meeting. C. FY 2012 Operating Budget Approval Ms. Shick announced that in light of input received and as well as what was not received through the public hearing process, she is proposing the approval of the FY 2012 Operating Budget as it was previously submitted. Ms. Shick advised Board members that one minor change has been made to the FY 2012 Operating Budget, which now reflects a downgrading of one of our positions by one pay grade. Ms. Shick conducted a review of budget documents provided to Board members in their Commission binders. Commissioner Tudor moved that the Commission approve the FY 2012 Operating Budget, as recommended by the Commission Fiscal Officer. Further move that the following rates, as presented at a duly advertised public hearing on May 17, 2011, be hereby adopted to implement the FY 2012 Operating Budget:

4 Page 4 Service Charges Sewer Non-metered per EDU Sewer Metered which includes 16,200 gallons/quarter Sewer Usage Rate Over 16,200 gallons/quarter Water Non-metered per EDU Water Metered which includes 18,000 gallons/quarter Usage Rate over 18,000/quarter Hydrant Meter Rate per 1,000 $30.57/mo $26.08/mo $4.83/Kgal $27.49/mo $16.98/mo $2.83/Kgal $5.66/Kgal Septage Hauler Rates Grease Trap Waste $ Engineering Fees Small fire hydrant meter $ Large Fire Hydrant Meter $ Monthly Maintenance Fee for Fire Hydrants $20.00 Hydrant Meter Rate per 1,000 $5.66/Kgal Meter Installation Fee $60.00 Record Plat Review & Processing Fee $10.00/lot ($100 min. / $1000 max.) Commissioner Lancaster seconded the motion and approval was unanimous. D. FY 2012 FY 2017 Capital Improvement Budget Approval Ms. Shick directed Board members to a copy of the FY 2012 Capital Improvement Budget and FY Capital Improvement Plan, which is included in their Commission Binders. Ms. Shick stated that this is the same budget data presented at the April 14 Board meeting and at our Public Hearing on May 17, as well as before the Board of County Commissioners on May 24. Ms. Shick then provided a brief review of Capital Improvement Rates, System Improvement Charges and Capital Contribution Charges. Commissioner St. Clair moved that the Commission adopt the FY 2012 Capital Improvement Budget and FY Capital Improvement Plan. Further move that the Commission adopt the following debt service rates, as presented at a duly advertised public hearing on May 17, 2011: System Improvement Charges paid by all customers with an allocation on the sewer system: Residential Sewer Assessment: Commercial Sewer Assessment: $9.73/EDU/month $11.67/EDU/month

5 Page 5 System Improvement Charges paid by all customers with an allocation on the water system: Residential Water Assessment: Commercial Water Assessment: $5.43/EDU/month $6.51/EDU/month Capital Contribution Charge due at time of connection to the public water system: Residential Water: Commercial Water: $1,329.49/EDU $1,595.00/EDU Capital Contribution Charge due at time of connection to the public sewer system: Residential Sewer: Commercial Sewer: $1,744.78/EDU $2,093.74/EDU Commissioner Colonna seconded the motion and approval was unanimous. FACILITIES MANAGER S REPORT A. Fire Hydrant Audit and Testing Contract Award In Mike Sullivan s absence, Mr. Ichniowski advised the Board members that for years, the Commission has utilized a contractor to provide auditing and testing services to the more than 2, 212 Commission-owned fire hydrants. These services include inspecting, measuring the pressure and flow rate and lubricating the fittings of each hydrant. Subsequent to the testing, each hydrant is marked with a reflective stripe, color-coded according to flow rates identified by the National Fire Protection Association (NFPA). Mr. Ichniowski indicated that this flow rate information can be critical for fire departments during large fire incidents. The pertinent data of each hydrant is also documented on a database; this data is also available to our customers and design engineers via the MetCom website. Mr. Ichniowski also noted that while this is an expensive venture, fire hydrant accountability helps maintain and improve our communities ISO or insurance rating, which saves us and our customers on insurance premiums. Mr. Ichniowski stated that due to the upcoming expiration of the current contract, this contract was re-bid. A total of five bids were received, which range in price from $23.00 to $35.00 per hydrant. Tow bidders submitted proposals for $23.00 per hydrant and staff recommends awarding the contract to United Water Solutions of Trion, Georgia, as they have more experience and are better equipped than the other low bidder. Commissioner Hanson moved that the Commission accept and award the Open-End Contract for Fire Hydrant Audit and Testing, Contract #12-03-F, to United Water Solutions, Inc. of Trion, Georgia, for the contract price of $23.00 per hydrant, as submitted in the proposal dated May 23, Commissioner Lancaster seconded the motion and approval was unanimous.

6 Page 6 EXECUTIVE SESSION Commissioner St. Clair moved to adjourn into Executive Session at 3:40 p.m. to discuss Pending Litigation. Commissioner Colonna seconded the motion and approval was unanimous. The meeting re-adjourned into Regular Session at 4:19 p.m. Commissioner Colonna moved to approve the Minutes of Executive Session, Date May 12, Commissioner Hanson seconded the motion and approval was unanimous. Commissioner St. Clair moved to approve the Minutes of Executive Session, dated May 26, Commissioner Tudor seconded the motion and all in favor except Commissioner Hanson, who abstained from voting. COMMISSION MEMBER S TIME Commissioner Lancaster expressed his thanks to Commissioner Werner for her time and service as Chairperson. Remaining Board members echoed Commissioner Lancaster s sentiments, as did Ms. Meiser and MetCom staff present. ADJOURNMENT There being no further business, Commissioner St. Clair moved to adjourn at 4:22 p.m. Commissioner Lancaster seconded the motion and approval was unanimous. Laura Comeau-Stanley, Corporate Secretary