Loading...
HomeMy Public PortalAboutExhibit MSD 23 Journal of the Meeting of MSD Board of Trustees June 29, 2011Exhibit MSD 23 JOURNAL OF THE (1502nd) MEETING OF THE BOARD OF TRUSTEES THE METROPOLITAN ST. LOUIS SEWER DISTRICT June 29, 2011 — 7:30 A.M. The Trustees of the District met in Room 109 at 2350 Market on the above date. Present at meeting: Board of Trustees R. T. Berry, Chair J. H. Buford, Vice Chair J. H. Goffstein G.T. Feldhaus E. G. Ross D. A. Visintainer Staff Members J. L. Theerman, Executive Director S. E. Myers, General Counsel K. J. Tyminski, Secretary -Treasurer J. M. Zimmerman, Director of Finance B. L. Hoelscher, Director of Engineering J. C. Sprague, Director of Operations Also present were Tom Sullivan, 35 N. Central; Ed Sweet, Parsons; Tim Tappendorf, CMT; Joe Britt, Wells Fargo; Tom Meinhart, Jacobs; Jon Bergenthal, Jacobs; Ron Krusie, Burns & Mac; Lawrence Nwachukwu, Basilico Engineering; Kristol Whatley; MSD; Todd Loretta, Rich Unverferth, Asst. Director of Engineering; Barb Mohn, Director of Information Systems; Vicki Taylor -Edwards, Director of Human Resources; Lance LeComb, Manager of Public Information; Debbie Johnson, Public Information Representative; and Pam Bell, Secretary to the Executive Director. Mr. Berry opened the meeting pursuant to notice and call. The Board had no closed session. The Chair indicated that because the main reason we are holding a special meeting is to approve the authorization for the District to enter into a consent decree with the US EPA and the Missouri Coalition for the Environment and because this decree is derived from an extensive legal process a closed session agenda item has been posted for this meeting to discuss any legal issues, if any Trustee has a concern. No Trustees requested or motioned for a closed session. Mr. Buford arrives. Mr. Sullivan addressed the Board and gave a historical perspective on the District's inaction in dealing with the 1972 Clean Water Act mandate, a copy of his remarks are available upon request, The Chair indicated that the Board is in receipt of a letter from the Rate Commission, copy available upon request, requesting a 45 -day extension to the Rate Commission process. The Chair asked the Executive Director to provide additional information about this item. Mr. Theerman explained that the governing Charter provides for a one-time 45 -day extension to be approved by the Board, if requested by the Rate Commission. Staff has reviewed the impact of the rate Commissions' extension request and has already factored the extension into the time line and schedule. Staff believes that this request will provide for a more thorough review of the District's rate proposal and would extend the report deadline to late October, and recommends Board approval. The Chair called for a vote to grant the Rate Commission a 45 -Day Extension to the Rate Process as allowed for in the District's Charter. Motion made by Mr. Goffstein, seconded by Mr. Visintainer. Voice vote, all ayes. Motion passed. Mr. Goffstein requested that all Board members be present to vote on the proposed authorization of a consent decree with the US EPA and the Missouri Coalition for the Environment. Mr. Feldhaus joins the meeting via phone. CONSENT AGENDA ADOPTION OF PROPOSED ORD. NO. 170-11 (ORDINANCE NO. 13277) AUTHORIZING THE EXECUTIVE DIRECTOR AND GENERAL COUNSEL AND ON BEHALF OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT TO EXECUTE A FEDERAL CONSENT DECREE WITH THE UNITED STATES OF AMERICA, ACTING AT THE REQUEST AND ON BEHALF OF THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY ("EPA"), AND THE MISSOURI COALITION FOR THE ENVIRONMENT (THE "COALITION") TO SETTLE ALL ALLEGED CLAIMS BY THE PLAINTIFFS IN THE LAWSUIT TITLED UNITED STATES OF AMERICA, THE STATE OF MISSOURI, AND MISSOURI COALITION FOR THE ENVIRONMENT FOUNDATION V. THE METROPOLITAN ST. LOUIS SEWER DISTRICT AND REQUIRING IMPROVEMENTS IN THE DISTRICTS SEPARATE AND COMBINED SEWER SYSTEM AND WASTEWATER TREATMENT PLANTS. be adopted. Motion made by Mr. Buford, seconded by Mr. Visintainer, that the Consent Agenda Motion passed — 6 ayes, no nays Poll taken: R. Berry aye E. Ross aye D. Visintainer aye J. Goffstein aye J. Buford aye G. Feldhaus aye The Chair declared the Consent Agenda adopted and proposed Ord. No. 170-11 was assigned Ordinance No. 13277. NEW BUSINESS Ordinances INTRODUCTION AND ADOPTION OF PROPOSED ORD. NO. 172-11 APPROPRIATING $400,000.00 FROM THE EMERGENCY FUND FOR EMERGENCY SEWER REPAIRS IN EMERGENCY REPAIR #046 1-70 & NEWSTEAD AVENUE (11154) IN THE CITY OF ST. LOUIS, MISSOURI; AND AUTHORIZING THE EXECUTIVE DIRECTOR AND SECRETARY - TREASURER ON BEHALF OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT TO ENTER INTO CONTRACT NO. 10684 WITH GERSHENSON CONSTRUCTION COMPANY FOR THE AFORESAID EMERGENCY REPAIRS. Proposed Ord. No. 172-11 was presented and read. The work done under the emergency Contract #10684 consists of the repairing two structures, replacement of pavement, and areas backfilled. District staff declared this project an emergency on June 27, 2011. The contractor, Gershenson Construction Company, has been selected per MSD Emergency Declaration Policy. The repair has started and is expected to be complete before July 1, 2011. Messrs. Theerman and Hoelscher explained that on Sunday June 25, 2011 the District experienced very heavy rains coupled with power outages along the Mississippi River Flood wall. They described that the floodwall pump stations are serviced by three power sources, a main power source and two back up power sources, and that two of the three power sources failed. The failure of these power sources coupled with the heavy rains and further exasperated by the fact that the Mississippi River is at a flood stage caused pockets of damage in the North St Louis area. Two lanes of Interstate 70 were damaged between Shreve and West Florissant , the tracks of the Terminal Railroad were undermined and a series of homes and businesses experienced damage. Mr. Buford questioned how the District would be handling the damage to the customers and resident from this rainstorm and power failure. Mr. Theerman indicated that the District will be taking remedial action and the typical $2,400 claim ceiling would not be applied. Mr. Berry questioned what costs or items in the proposed consent decree would be used to mitigate events like this one. Mr. Theerman responded that an item in the proposed consent decree entitled City Shed and valued at $230 million is targeted at alleviating this type of problem. Mr. Goffstein asked if other portions of the proposed consent decree would address issues like this one. Mr. Theerman indicated that the vast majority of the costs associated with the consent decree would not go toward remediation of these type problems, but would go towards regulatory compliance. Mr. Goffstein asked, what could have been done differently to avoid this problem? Mr. Theerman indicated that we are looking into the issue, but the nature of the event coupled with the power outages, and the Mississippi River being at flood stage was an unexpected combination of events. Mr. Goffstein asked what resource commitments the District made to deal with this event? Mr. Theerman responded The Board urged the District to be responsive to needs to the residents and businesses that were either displaced or injured by the flooding. introduced. Motion by Mr. Buford seconded by Mr. Goffstein that proposed Ord. No. 172-11 be Motion made, seconded and unanimously adopted to suspend the rules to allow for adoption of proposed Ord. No. 172-11. Motion made by Mr. Ross, seconded by Mr. Visintainer that proposed Ord. No. 172-11 be adopted. Motion passed — 6 ayes, no nays Poll taken: J. Goffstein aye J. Buford aye D. Visintainer aye R. Berry aye E. Ross aye G. Feldhaus aye The Chair declared proposed Ord. No. 109-11 adopted and it was assigned Ordinance No. 13278. Upon motion made Mr. Buford, seconded by Mr. Goffstein, and unanimously passed, the meeting adjourned at 7:55 a.m. Secretary -Treasurer