BRUNSWICK SEWER DISTRICT

Board of Trustees Regular Monthly Meeting

Approved Minutes

11 June 2007

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Call to Order, Notice of Meeting Advertised, Recorded, and Prepared Agenda

The regular monthly meeting of the Board of Trustees of the Brunswick Sewer District was called to order by Chairperson Priest at 7:35 p.m. on Monday, 11 June 2007, in the conference room at District offices.  Notice of the meeting was advertised in the 08 June 2007 edition of the Times Record.  A prepared agenda was noted and the meeting was recorded.

Members present:  Chairperson Priest, Trustees Green and Boochever.

Members absent:  Trustee Savage.

Others present:  General Manager McVey, Assistant General Manager Blanchette, Finance Manager Nuttelman; Debra Miller, camera operator.

The Trustees reviewed minutes of the 24 May 2007 regular Board meeting.

IT WAS MOVED BY TRUSTEE BOOCHEVER, SECONDED BY TRUSTEE GREEN, AND UNANIMOUSLY VOTED BY THE TRUSTEES PRESENT TO ACCEPT AS PRESENTED MINUTES OF THE 24 MAY 2007 REGULAR MEETING OF THE BOARD OF TRUSTEES.

No members of the public were present.  No public comment has been received.

o          Financial:  The Trustees examined the Variance Analysis at 31 May 2007, prepared by District staff.  A copy of this report is included in these minutes and adopted by reference.  Revenues, expenditures, receivables, liens, and cash equivalents were reviewed.  All revenues accrued to date total $59,000 or 5.5% favorable relative to budgeted amounts.  All expenditures total $25,000 or 2.3% unfavorable.

Board members discussed operating expenses, receivables, and investments.  Comparisons of current year financial data with budgeted and prior year amounts were considered.  The Treasurer reviewed a report detailing monthly use of potable water in comparison with wastewater flow from NASB for the period 2002 to the present.  He reiterated his concern over responsibility for infiltration and inflow discharged by Base sewers to District facilities following base closure, expected to occur in 2011.

o          Disbursements:  The Trustees reviewed weekly reports on disbursements for the preceding month and discussed a number of the transactions listed.  Weekly warrants for general disbursements have been signed by the General Manager.

o          Commitments:

IT WAS MOVED BY TRUSTEE BOOCHEVER, SECONDED BY TRUSTEE PRIEST, AND VOTED BY THE TRUSTEES PRESENT, WITH THE TREASURER ABSTAINING, TO COMMIT TO THE TREASURER FOR COLLECTION, RATES FOR THE MONTH OF MAY 2007, IN ACCORDANCE WITH PROVISIONS OF THE CHARTER, BY‑LAWS, RULES & REGULATIONS, AND SCHEDULE OF RATES, AS COMPUTED AND SET FORTH IN THE ACCOUNTS ON FILE AT OFFICES OF THE BRUNSWICK SEWER DISTRICT.

o          Topics of Note:

Tour of Commercial Composting Facility:  Trustee Green accompanied the General Manager on a tour of the Hawk Ridge composting facility in Unity, Maine.  The facility is owned and operated by New England Organics, with whom the District recently extended a contract for composting services.

NASB Closure Planning:  The period for application for conveyance of Base property as a public benefit has closed.  The Brunswick Local Redevelopment Authority is now reviewing applications in preparation for determining if the requested uses will be recommended to the Department of the Navy for conveyance in the implementation phase of the closure process.

Search and selection to fill one or both of two currently vacant operations positions continues.  The Assistant General Manager reported that interviews have been completed, and applicant candidacies are being reviewed in detail preparatory to developing recommendations for hiring.

Board members considered a recent ruling by the Maine Supreme Judicial Court which found that boards and commissions that are less than fully constituted lack jurisdiction, and therefore that any action such a board might take may be void or voidable.  The ruling is widely felt to have very far‑reaching consequences on all forms and levels of local government.

The General Manager has conferred on the topic with Counsel for the District.  Counsel advises that, until the Court or the Legislature issues some form of clarification, the ruling by the MSJC stands and must be observed.

A motion to reconsider has been submitted to the Court, but little is known of the likelihood of its being accepted for review.  Trustee Priest stated it is his understanding that the Legislature plans to take action to resolve the matter in the very near future.  In the event neither body acts, the question can be resolved by petitioning the Legislature for a change in the District Charter.

At the conclusion of discussion, it was consensus of the Board members that the District continue to address its obligations while review of the matter is pending in the Court and the Legislature.

The Trustees considered an opinion on the question of conflict of interest, prepared by Attorney John Loyd, Counsel for the District in 1989, as well as several more recent updates on revisions to relevant statute, case law, and opinions issued by the Attorney General since that time.  In each case, Counsel has been requested to take a broad or conservative view of what might constitute conflict.  The subject is reviewed annually by the Board.

Key points made by the attorneys were reviewed.  The importance of constant attention to both conflict and perceived conflict, and to the need to declare any possible conflict for consideration by the Board, was emphasized.  In response to a question posed by the General Manager, it was noted that there were no conflicts or perceived conflicts to be declared.

Total flow to the Treatment Plant for May of 2007 was 107.058 million gallons, down approximately 18% from the previous month.  Flows of 14.3 and 8.8 mg for the month originated with Topsham and the Navy Base, respectively.  Average daily flow for the period was 3.45 mgd, 90% of that allowed by permit.  The maximum daily flow processed was 4.383 mg, which occurred on 01 May 2007.  Rainfall for the month totaled 3.01 inches.  Maximum daily rainfall received was 1.06 inches, which occurred on 16 May 2007.  Area precipitation in 2007 through 31 May is 22.07 inches, in comparison with the norm of 20.64 inches.

Septage receiving for the period totaled 196,900 gallons, up 91% from the previous month.  Removal rates for BOD and TSS for the period were 94.2% and 92.0% respectively, in compliance with the minimum 85% required for each parameter by permit.  Seasonal disinfection continues without incident.  A total of 215 cubic yards of sludge was field stacked for future land application.

Moderately strong flow from both the Navy and Topsham continues, which is largely responsible for the District’s favorable financial condition year‑to‑date.  The Discharge Monitoring Report for the month noted no exceptions to permit limits.  There were no flow bypasses or spills.  All flow received full treatment, and all other permit requirements were met.

District staff has been informed that the annual inspection of District facilities by MDEP will be conducted sometime during the next two months.  The visit this year will include a discussion of facilities capacity and wet weather flow management.

Chairperson Priest declared the meeting in recess from 9:34 p.m. to 9:46 p.m.

Board members considered review comments and suggested revisions to the District Investment Policy.  The review was conducted by Joseph P. Cuetara, a Senior Vice President in the Capital Markets Division of Moors & Cabot, an investment banking firm with principal offices in Boston, Massachusetts.  The draft reviewed by Mr. Cuetara includes new provisions on investment risk recommended by the Governmental Standards Accounting Board.

The Trustees discussed the recommended revisions and heard the comments of District staff.  Following their discussion, it was consensus of the Board that District staff prepare a final draft of revisions proposed for adoption, for review by the Board at the next regular meeting.

The Trustees returned to their consideration of use of the consumer price index as a means to adjust value to reflect changes in economic conditions.  They reviewed an excerpt containing relevant portions of a presentation at an earlier Board meeting by Catherine J. Reilly, State Economist with the Maine State Planning Office.  The District has used the index system to make changes to the employee wage matrix and in contracts and agreements that require costs to be updated over time.

Trustee Green observed that, with the benefit of information learned from Ms. Reilly, the District is in a position to develop a new formula for determining changes in value due to economic conditions.  If this is to be done, the questions remaining to be decided include use of the Urban or Wage and Clerical index, and use of an index based on regional or national data.  He went on to state his opinion that a new formula should be developed, that it should be based on the Urban index for national data, and that the change in value should be calculated using the average of twelve months of index data prior to the time of calculation.

The Trustees were in general agreement regarding the suggestion presented by Trustee Green.  Discussion centered on whether the new formula should be based on national or regional data.   At the conclusion of discussion, the General Manager was directed to prepare a new formula for the calculation, for consideration by the Board at the July regular meeting.

The General Manager reported on progress of development of a new pay plan for District employees.  A meeting is scheduled with consultant Michael Wing to discuss several questions that have come up in preparing a plan based on concepts discussed earlier.  A workshop or special meeting may be desirable following the meeting with the consultant.  A proposed plan will be presented for Board consideration at the July regular meeting.

o       Trustees Regular           Tuesday                    17 July 2007        7:30 a.m.

o       Trustees Regular           Thursday             09 August 2007        1:00 p.m.

o       Trustees Regular           Monday          10 September 2007        7:30 a.m.

Chairperson Priest thanked the Trustees for their assistance.

There being no further business before the Board, Chairperson Priest declared the meeting adjourned at 11:05 p.m.

Attest,

Emily L. Boochever
Trustee Clerk
Board of Trustees

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