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HomeMy Public PortalAbout1481st Board Journal 1-14-2010 JOURNAL OF THE (1481st) MEETING OF THE BOARD OF TRUSTEES THE METROPOLITAN ST. LOUIS SEWER DISTRICT January 14, 2010 – 4:00 P.M. The Trustees of the District met in Room 109 at 2350 Market on the above date. Present at meeting: Board of Trustees Staff Members J. H. Goffstein, Chair J. L. Theerman, Executive Director R. T. Berry, Vice Chair R. E. Hayman, General Counsel J. H. Buford K. J. Tyminski, Secretary-Treasurer G.T. Feldhaus J. M. Zimmerman, Director of Finance E. G. Ross B. L. Hoelscher, Director of Engineering D. A. Visintainer J. C. Sprague, Director of Operations Also present were Mr. Tom Sullivan, 35 N. Central; Ed Sweet, Parsons; Rob Kuenzel, RJN; Jim Dunajeik, GBA; David Cavendar, HNTB; Doug Hickey, HDR; Marc Eshelman, M3; David Eike, URS; Andrea Jackson, St. Louis County; Dorothy White-Coleman, White Coleman & Assoc.; Susie McFarlind, White-Coleman & Assoc.; Jon Berganthol, Jacobs; Dan Willey, Laborers 110; Granville White, Kwame; Carey Brand, CH2M Hill; Bently Green, Black & Veatch; Herman Williams, ERM; Bob Ballsrud, G&B; Terry Briggs, SITE; Aaron Griesheimer, SITE; Tionna Pooler, PFM; Eric Cowan, Bank of America Merrill Lynch; Wayne Schmidt, BMCD; Evan Young, Call Newspapers; Catherine Werner, City of St. Louis; Jeff Rensing, Oates; Mike Busch, Oates; Lance LeComb, Manager of Public Information; Gene Rhodes, Audit Administrator; Rich Unverferth, Asst. Director of Engineering; Betsy Schubert, MSD Purchasing Manager; Barb Mohn, Director of Information Systems; Vicki Taylor-Edwards, Director of Human Resources; Mike Grace, Risk Management; Debbie Johnson, Public Information Representative; Marie Collins, Asst. Director of Engineering; and Pam Bell, Secretary to the Executive Director. - - - - Mr. Goffstein opened the meeting pursuant to notice and call. - - - - Motion made by Mr. Ross, seconded by Mr. Visintainer, that the Board go into closed session to discuss legal, confidential or privileged matters under §610.021(1), RSMO 1988 SUPP. Motion passed – 6 ayes, no nays Poll taken: G. Feldhaus aye R. Berry aye J. Goffstein aye E. Ross aye D. Visintainer aye J. Buford aye During closed session the Board discussed legal, confidential and privileged matters under §610.021(1), RSMO 1988 SUPP. regarding the Districts legal defense and mediation parameters associated with the US Environmental Protection Agency case, and the legal defense and negotiation parameters associated with the flood damage case(s) in University City No votes were taken on either issue. Motion made by Mr. Buford, seconded by Mr. Goffstein, to reconvene into open session. Motion passed – 6 ayes, no nays Poll taken: J. Goffstein aye R. Berry aye G. Feldhaus aye E. Ross aye D. Visintainer aye J. Buford aye - - - - Upon motion made by Mr. Berry, seconded by Mr. Buford, the Journal of the December 10, 2009 meeting was approved by unanimous voice vote. - - - - The Chair had no comments. - - - - Mr. Ross reported that the Audit Committee met on January 12, 2010. In attendance were Trustees Ross, Visintainer, Berry and staff. The meeting was called to order at 7:30a.m. Mr. Karl Tyminski headed a discussion on the Management Audit for 2010 as required by MSD charter section 7.060. He noted that the purpose of the discussion was solely for information purposes for the Trustees, with a decision not expected until either February or March 2010. He also provided a presentation handout to the attendees. The topics covered in the presentation were: • Charter Requirement • History & Experience • Define Issue to be determined by Board • Discussion with other governmental agencies • Potential Cost • Time Frame Of the key areas included in the presentation, the primary areas of emphasis were on the scope of the audit and the budget. Mr. Tyminski noted that the scope of the last two management audits from 1999 and 2005 varied greatly, as did the costs, which ranged from $450,000 to $20,000, respectively. In addition to references of the scope of the prior MSD Management Audits, Mr. Tyminski also provided as an example, a copy of the 2009 New York State Public Service Commission’s Request for Proposal for a Management Audit of Central Hudson Gas & Electric Corporation’s Electric and Gas Businesses. The timeframe in the presentation for the District noted three months from start to completion of fieldwork. Mr. Berry inquired whether this would be sufficient time to complete the review. Responses from those in attendance noted that it would be dependent on the scope, availability of the consulting firms’ staff and availability of MSD staff who may also be involved in other projects (i.e., financial statement audit, ES Retooling). Mr. Tyminski noted that it may be beneficial to issue the RFP in February. Attendees noted that the timeframe is dictated by the charter requirement of completing the audit every five years. Based on the last audit date, the next audit would be due in November 2010. Attendees discussed the interpretation of the charter’s five-year requirement, which could suggest the audit be “in-process” at the five-year mark. Mr. Hayman noted that he would re-examine the charter language on this issue. Additional comments regarding the scope was noted as follows: • Determining the scope of the audit is key, whether determined by the Board and/or suggestions submitted in the Proposals from outside firms. • Mr. Berry noted that the District plans to spend billions of dollars over the next few decades for construction and engineering. A great emphasis should be made to ensure there are proper management controls and processes in key areas. He added that the District should be looking for a firm who has experience in reviewing operations similar to MSD. Mr. Tyminski noted at the next meeting, we should expect to make a decision on the RFP and bidders list. The meeting was adjourned at 8:06AM. - - - - Mr. Buford reported that the Finance Committee met on January 12, 2009. In attendance at the meeting were Trustees Ross, Visintainer, and Berry. The committee approved the minutes from the December 8, 2009 Finance Committee meeting. Ms. Zimmerman reported on the current financial condition of the District. There were no significant changes in the Comprehensive Reporting and all budget variances are being closely monitored. She continued her discussion and updated the committee on the Adjustment Review Committee (ARC) report. The committee accepted this into the record. Mr. Tyminski updated the committee on the $85 million Build Americas bonds. Mr. Berry asked how soon the District has to spend the proceeds. Mr. Tyminski replied within 2 years. Mr. Dion Stevens from New England Pension Consultants presented the results of the Real Assets Manager search. The committee decided to obtain the services of Wellington Management. The meeting adjourned at 9:37. - - - - Mr. Feldhaus reported that the Stakeholders Committee met on District’s Headquarters on December 17, 2009 at 7:30am. In attendance were Trustee Buford and staff. Motion was made by Mr. Buford for approval of the minutes of the September 17, 2009 meeting as presented and the motion was seconded. First, was a discussion by Mr. LeComb regarding results of the 2009 Stormwater Improvement Survey of Residents and Community Leaders. Mr. Chris Tatham of ETC, the outside consulting firm who conducted the survey, joined in the discussion via conference call to provide insight into the results. Priorities by watershed and stormwater investments that residents thought were most important to fund were discussed and compared with the results polled by the leaders in the same areas. It was voted on and approved to present these results to the Board at for consideration. Next, Mr. Hayman discussed the need to exercise the second option year of contracts for legal services with Armstrong Teasdale, LLP and Thompson Coburn, LLP. Ms. Jovita Foster from Armstrong Teasdale and Ms. Mary Bonacorsi from Thompson Coburn were both in attendance at the meeting to discuss the services each firm provides respectively. The Committee voted to present the recommendations of exercising the option year to the Board. These are item numbers 46 and 47 on tonight’s agenda. Finally, was a discussion regarding the continuation of MSD’s Rain Barrel Program in 2010. Mr. LeComb informed the Committee that the program was overwhelmingly successful in 2009 and because of its success, more rain barrels will be ordered for 2010. Benefits of the program were discussed, as well as how they are purchased and provided to MSD customers. Additional marketing and advertising efforts were also detailed. Ms. Catherine Warner of Mayor Slay’s office attended the meeting and provided insight as to how the City of Chicago’s program operated when she was director of their program. The Committee voted to present the program to the Board. There were no other items for discussion. The meeting was adjourned at 8:10am. Mr. Feldhaus called upon Mr. LeComb to update the Board on the 2010 Rain Barrel Sale Program. Mr. LeComb with the aide of a PowerPoint presentation indicated that the District would again offer in 2010 the ability for its customers to buy rain barrels. Last year’s program was a major success. In 2009, the District targeted rain barrel sales at 300 barrels. But demand was so strong that 1,500 barrels were actually sold. Mr. LeComb pointed out that the rain barrels are a green initiative used to mitigate the impact of a rainstorm on the storm sewer system. The water retained in the rain barrel, which is designed to accommodate an average 20-minute rainstorm, can be used to water lawns and gardens and to hose down areas, if needed. The District subsidized the program in 2009 and will continue to subsidize it in 2010. The price for a rain barrel in 2009 was $45 per barrel and the District subsidized the program by $124,451. In 2010, the rain barrels will sell for $65 per barrel and the District is anticipating a subsidy of $54,311. The rain barrels will be offered to customers of the District that are not delinquent on their sewer bills. The barrels will be sold in the month of March and prepaid by either debit or credit card. A maximum of four rain barrels are allotted to each customer. The barrels are recycled food storage barrels that can hold 55 gallons and are retrofitted with mesh to deter mosquito breeding. - - - - Mr. Berry reported that the Program Management committee met on January 5, 2010 at 7:30 a.m. The meeting was attended by trustees Berry and Visintainer. The minutes of the December 1, 2009 meeting were approved. The agenda items to be introduced tonight were presented and discussed, including a detailed discussion regarding the following items: Item 28 – Argonne Sanitary Relief – This is the second District project to receive stimulus funding through the State of Missouri. Funding for this project will include $1.5 million in grant funding and $4.5 million in low interest loans. Easement acquisition for the future phase II of this project, originally scheduled for FY2013, was completed ahead of schedule and included in this bid package. This resulted in the requested appropriation being $1.9 million over the budget shown for FY2010. Sufficient funding is available in the Capital budget to construct both phases now, allowing the immediate removal of a constructed sanitary sewer overflow originally scheduled to be removed as part of phase II. Item 32 – Infrastructure Repairs Phase A – This is the second of two infrastructure repair projects being proposed for introduction tonight. Funding for this project comes from the $5 million Operating Budget surplus realized at the end of FY2009. The Committee asked why MSD contracts for these projects in $5 million packages. Staff has found that $5 million seems to match the optimum per project size to obtain the most competition and thus the lowest price. Item 33 – Missouri River WWTP – This project will rehabilitate part of the existing plant in preparation for a major plant expansion scheduled for calendar year 2011. The requested appropriation is $3.9 million over the budgeted amount. Reasons for this difference include price increases for materials specific to this project and a higher than anticipated cost for removing and disposing of existing solids. Item 36 – Construction Management Services – Bissell & Lemay WWTP – This appropriation will provide construction management services for this project. In addition to the services normally provided for a project of this type, the construction management consultant will provide a review of the disinfection system design. In response to a question by the Committee, staff explained that they are seeking approval of this appropriation and contract at this time so the services of the CM consultant will be available during the project design. The appropriation being requested is $1 million less than budgeted. In response to the Committee’s question about schedule, work at both plants is scheduled to begin in the spring of 2012 and be completed by the fall of 2013. Item 37 – FF-15 – The appropriation request for this project exceeds the budget by $117,000. This is needed to pay for an additional $125,000 Environmental Site Assessment along the project alignment that was not in the budgeted scope. Item 38 – Harlem – Baden Relief Phase IV – This project will use the 85 properties purchased in the Hebert/Mars subdivision, located in north St. Louis City just south of the Goodfellow/Natural Bridge intersection off Clara, to relieve flooding caused by surcharged combined sewers. I would ask at this time that staff give a brief presentation on this project. Item 40 – Creve Coeur Creek Sanitary Trunk – Staff is requesting introduction and adoption of this ordinance to allow an agreement with St. Louis County so that a portion of an existing construction contract can be built and paid for as part of the County’s Highway 141 Design/Build project. This will allow the location of the new sewer to be coordinated with the Highway 141 extension and should allow better operation and maintenance of the new system at no additional cost to the District. Staff then reviewed the past construction program cost performance for construction projects completed over the last 5 years. Staff uses this information to monitor the accuracy of its estimating process and as a guideline to set contingency values for construction appropriations. There were 262 projects analyzed. On average, the low bid was 92% of the engineer’s estimate. For 81% of the projects, the engineer’s estimate was higher than the low bid. Final contract cost was on average 104% of the bid amount due to change orders. 7.5% of the projects had final costs more than 105% of the bid amount. 74% of the projects had final costs less than the original contract costs and the average final contract cost was 95.3% of the approved budgets. Staff explained that these metrics are within industry norms and are an indicator that the project estimating and contract management processes are working properly. Staff will continue to monitor these metrics. The Committee requested that a comparison of budget versus final contract cost and a count of the projects with final contract costs less than the bid amount be presented at the next Committee meeting. Staff informed the Committee that MSD will present the anticipated FY2011 Capital Program to the consulting community on Tuesday, January 19, 2010 at 3:00 p.m. at the Engineers’ Club of St. Louis. The Committee asked about progress towards performing a satisfaction survey for the consulting community. Staff indicated that they had met with the American Council of Engineering Companies of Missouri and they thought it was a good idea. Staff is starting the survey process. The Committee also requested that staff report on plan review activities to date regarding the McEagle Development in the City of St. Louis. Next, staff reviewed the Preliminary Official Statement to be used in the acquisition of $85 million in Build America Bonds. Staff reviewed the particular sections in which they were seeking Committee input and answered questions regarding the selling of these bonds. The public portion of the meeting concluded at 8:50 a.m. at which point the Committee voted to go into closed session to discuss legal, confidential, or privileged matters. Mr. Berry called upon Mr. Hoelscher to provide a report on the Hebert Mars buyout project. This is a project in North St. Louis City near the intersection of Natural Bridge and Union, where the District has purchased 85 homes that have experienced very frequent flooding. - - - - The Executive Director called upon Ms. Tionna Pooler from the financial advisory firm of PFM to give the Board an update on the District series 2010B Build America Bond issue. Ms. Pooler noted that the District priced the bond issue earlier in the week. The issue was rated AA2, AA+, AA+ by Moody’s, S&P and Fitch, which is consistent with the upgrade received for the series 2008A transaction. The bonds priced with a weighted average yield of 3.806% for an average maturity of 28 years. The transaction priced at a spread of 115 basis points over treasuries, which is better than the parameter approved by the board of 128 basis points. This means that the District will enjoy between $2.7 and $4.7 million of present value savings over that originally planned. - - - - Mr. Sullivan addressed the Board and questioned the need for item #36 a $6 million contract with CH2M Hill for construction management services for the Disinfection projects at the Bissell and Lemay plants. He pointed out that the District has an internal engineering staff that could provide these services. He also asked what type of due diligence the District utilizes before retaining these firms and what is the role of the Internal Auditor in monitoring these projects. He then cited some negative press that the firm of CH2M Hill has received. He also questioned why item #38 a contract with Parsons is as costly as it is. He concluded by requesting an explanation of the budget transfer in item #48. - - - - CONSENT AGENDA ADOPTION OF PROPOSED ORD. NO. 87-10 (ORDINANCE NO. 13010) APPROPRIATING $155,000.00 FROM THE OPERATION, MAINTENANCE AND CONSTRUCTION IMPROVEMENT FUND OF DEER CREEK TO BE USED FOR PROJECT COSTS FOR CHANNEL STABILIZATION IN DENNY LANE #6 BANK STABILIZATION (2007091), IN THE CITY OF HUNTLEIGH, MISSOURI; AND AUTHORIZING THE EXECUTIVE DIRECTOR AND SECRETARY-TREASURER ON BEHALF OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT TO ENTER INTO A CONTRACT WITH WEHMEYER FARMS, INC. FOR THE AFORESAID CHANNEL STABILIZATION CONSTRUCTION. ADOPTION OF PROPOSED ORD. NO. 88-10 (ORDINANCE NO. 13011) APPROPRIATING $63,000.00 FROM THE OPERATION, MAINTENANCE AND CONSTRUCTION IMPROVEMENT FUND OF COLDWATER CREEK TO BE USED FOR PROJECT COSTS FOR THE CONSTRUCTION OF STORM SEWERS IN MORTIMER LANE #10546 STORM SEWER (2008094), IN THE CITY OF EDMUNDSON, MISSOURI; AND AUTHORIZING THE EXECUTIVE DIRECTOR AND SECRETARY-TREASURER ON BEHALF OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT TO ENTER INTO A CONTRACT WITH B & G UTILITIES, LLC FOR THE CONSTRUCTION OF THE AFORESAID STORM SEWERS. ADOPTION OF PROPOSED ORD. NO. 89-10 (ORDINANCE NO. 13012) APPROPRIATING $2,500,000.00 FROM THE SANITARY REPLACEMENT FUND TO BE USED FOR PROJECT COSTS FOR THE CONSTRUCTION OF SANITARY SEWERS IN FF-08 FEE FEE CREEK SANITARY RELIEF PHASE II (89137A), IN THE CITY OF MARYLAND HEIGHTS, MISSOURI; AND AUTHORIZING THE EXECUTIVE DIRECTOR AND SECRETARY-TREASURER ON BEHALF OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT TO ENTER INTO A CONTRACT WITH FRED M. LUTH & SONS, INC. FOR THE AFORESAID SANITARY SEWER CONSTRUCTION. ADOPTION OF PROPOSED ORD. NO. 90-10 (ORDINANCE NO. 13013) APPROPRIATING $5,050,000.00 FROM THE SANITARY REPLACEMENT FUND TO BE USED FOR PROJECT COSTS FOR THE CONSTRUCTION OF SANITARY SEWERS IN UPPER MALINE TRUNK SANITARY RELIEF PHASE III SECTION B (90080B), IN UNINCORPORATED ST. LOUIS COUNTY AND THE CITIES OF FERGUSON AND JENNINGS, MISSOURI; AND AUTHORIZING THE EXECUTIVE DIRECTOR AND SECRETARY-TREASURER ON BEHALF OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT TO ENTER INTO A CONTRACT WITH GERSHENSON CONST. CO., INC. FOR THE AFORESAID CONSTRUCTION. ADOPTION OF PROPOSED ORD. NO. 91-10 (ORDINANCE NO. 13014) APPROPRIATING $1,700,000.00 FROM THE SANITARY REPLACEMENT FUND TO BE USED FOR PROJECT COSTS FOR THE DESIGN AND CONSTRUCTION OF SANITARY SEWERS IN BIDDLE PUMP STATION ELIMINATION (2009224), 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 AN AGREEMENT WITH THE CITY OF ST. LOUIS REGARDING THE TERMS FOR THE AFORESAID DESIGN AND CONSTRUCTION. ADOPTION OF PROPOSED ORD. NO. 92-10 (ORDINANCE NO. 13015) AUTHORIZING THE EXECUTIVE DIRECTOR AND SECRETARY-TREASURER ON BEHALF OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT (“MSD”) TO ENTER INTO AN AGREEMENT WITH THE CITY OF MARYLAND HEIGHTS TO PARTNER IN THE ACQUISITION OF UPDATED DISTRICT-WIDE DIGITAL ORTHO PHOTOS FOR THE BI-ANNUAL DIGITAL AERIAL PHOTOGRAPHY AND ORTHO PHOTOS PROJECT. ADOPTION OF PROPOSED ORD. NO. 93-10 (ORDINANCE NO. 13016) AUTHORIZING THE EXECUTIVE DIRECTOR AND SECRETARY-TREASURER ON BEHALF OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT TO ENTER INTO MODIFICATION NO. 9 OF THE CONTRACT WITH THE DEPARTMENT OF THE ARMY ST. LOUIS DISTRICT CORPS OF ENGINEERS WHEREBY THE DEPARTMENT OF THE ARMY ST. LOUIS DISTRICT CORPS OF ENGINEERS WILL PROVIDE THE DISTRICT WITH PHOTOGRAMMETRIC MAPPING DATA OF CONTOUR UPDATES IN THE CITY OF ST. LOUIS AND ST. LOUIS COUNTY, MISSOURI. ADOPTION OF PROPOSED ORD. NO. 94-10 (ORDINANCE NO. 13017) MAKING A SUPPLEMENTAL APPROPRIATION OF $60,000.00 FROM THE OPERATION, MAINTENANCE AND CONSTRUCTION IMPROVEMENT FUND OF MALINE CREEK TO BE USED FOR PROJECT COSTS FOR THE CONSTRUCTION OF DARST ROAD AND FLORISSANT ROAD STORM SEWER (MCFG-130) (2002063) IN THE CITY OF FERGUSON, MISSOURI. ADOPTION OF PROPOSED ORD. NO. 95-10 (ORDINANCE NO. 13018) TRANSFERRING FUNDS BY RETURNING $1,274,381.00 FROM THE WILLIAMS CREEK CONSTRUCTION FUND, AS APPROPRIATED BY ORDINANCE NO. 11198, ADOPTED APRIL 11, 2002 AND ORDINANCE NO. 11256, ADOPTED JUNE 26, 2002, FOR THE WILLIAMS CREEK SANITARY FACILITIES (99092 & 99092A), TO THE OPERATION, MAINTENANCE AND CONSTRUCTION IMPROVEMENT FUND OF LOWER MERAMEC RIVER BASIN. ADOPTION OF PROPOSED ORD. NO. 96-10 (ORDINANCE NO. 13019) AUTHORIZING THE EXECUTIVE DIRECTOR AND SECRETARY-TREASURER ON BEHALF OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT TO CONVEY A PORTION OF CERTAIN REAL PROPERTY OF THE DISTRICT BEING PART OF THE FENTON TREATMENT PLANT AT 75 OPPS LANE, MSD SITE NUMBER 60 (ST. LOUIS COUNTY LOCATOR NUMBER 29N440178) ALONG WITH A TEMPORARY CONSTRUCTION EASEMENT TO THE CITY OF FENTON, MISSOURI FOR THE RE-CONSTRUCTION OF OLD HWY 141 & OLD GRAVOIS TO GRAVOIS BLUFFS BLVD. (OLD HWY 141 IMPROVEMENTS & BRIDGE REPLACEMENT – CITY OF FENTON), P-0025597-02, AND TO EXECUTE AND DELIVER A GENERAL WARRANTY DEED AND SUCH OTHER INSTRUMENTS AS MAY BE NECESSARY TO EFFECT SAID CONVEYANCES. ADOPTION OF PROPOSED ORD. NO. 97-10 (ORDINANCE NO. 13020) APPROPRIATING $400,000.00 FROM THE SANITARY REPLACEMENT FUND FOR ENGINEERING SERVICES FOR THE FINAL DESIGN OF POWER SUPPLY IMPROVEMENTS AT VARIOUS SANITARY PUMP STATIONS PHASE III (2009099); AND AUTHORIZING THE EXECUTIVE DIRECTOR AND SECRETARY-TREASURER ON BEHALF OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT TO ENTER INTO CONTRACT E-1274 WITH ERM TECHNOLOGIES, INC. FOR THE AFORESAID ENGINEERING SERVICES. ADOPTION OF PROPOSED ORD. NO. 98-10 (ORDINANCE NO. 13021) REPEALING AND SUPERSEDING ORDINANCE NO. 12905 ADOPTED JUNE 11, 2009, AND ENACTING A NEW ORDINANCE IN LIEU THEREOF ESTABLISHING A NEW SECTION SIX, BACK BILLING, PERTAINING TO WASTEWATER USER CHARGES. ADOPTION OF PROPOSED ORD. NO. 99-10 (ORDINANCE NO. 13022) REPEALING AND SUPERSEDING ORDINANCE NO. 12906, ADOPTED JUNE 11, 2009, AND ENACTING A NEW ORDINANCE IN LIEU THEREOF ESTABLISHING A NEW SECTION TWELVE, BILLING, PERTAINING TO STORMWATER USER CHARGES. ADOPTION OF PROPOSED ORD. NO. 100-10 (ORDINANCE NO. 13023) AUTHORIZING THE EXECUTIVE DIRECTOR AND SECRETARY-TREASURER ON BEHALF OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT TO ENTER INTO A CONTRACT WITH BJC EMPLOYEE ASSISTANCE PROGRAM WHEREBY BJC EMPLOYEE ASSISTANCE PROGRAM WILL PROVIDE EMPLOYEE ASSISTANCE PROGRAM (EAP) SERVICES FOR THE DISTRICT EMPLOYEES FOR THE PERIOD OF FEBRUARY 1, 2010, TO JANUARY 31, 2011. ADOPTION OF PROPOSED ORD. NO. 101-10 (ORDINANCE NO. 13024) AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $7,980,700 PRINCIPAL AMOUNT OF SUBORDINATE WASTEWATER SYSTEM REVENUE BONDS (STATE OF MISSOURI – DIRECT LOAN PROGRAM – ARRA) SERIES 2010A OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT, FOR THE PURPOSE OF IMPROVING, RENOVATING, REPAIRING, REPLACING AND EQUIPPING THE DISTRICT’S WASTEWATER SYSTEM; PRESCRIBING THE FORM AND DETAILS OF THE BONDS AND THE AGREEMENTS MADE BY THE DISTRICT TO FACILITATE AND PROTECT THEIR PAYMENT; AND PRESCRIBING OTHER RELATED MATTERS. Plan Approval Daisy Lane 9400 Block Storm Sewer (2007258) This project, located south of Gravois Road and west of Interstate 55 in Unincorporated St. Louis County, is to relieve basement, street and yard flooding. This project is in the Fiscal Year 2010 Budget and the estimated construction cost is $92,000. Mason Valley Sanitary Relief (UPPER) (SKME-420A) (2006046A) This project, located in the City of Town & Country, is to alleviate basement backups and overcharged sanitary. This project is in the Fiscal Year 2010 Budget and the estimated construction cost is $1,350,000. Motion made by Mr. Feldhaus, seconded by Mr. Buford, that the Consent Agenda be adopted. Motion passed – 6 ayes, no nays Poll taken: E. Ross aye J. Goffstein aye R. Berry aye G. Feldhaus aye D. Visintainer aye J. Buford aye The Chair declared the Consent Agenda adopted and proposed Ord. Nos. 87-10, 88-10, 89-10, 90-10, 91-10, 92-10, 93-10, 94-10, 95-10, 96-10, 97-10, 98-10, 99-10, 100-10 and 101-10 were assigned Ordinance Nos. 13010, 13011, 13012, 13013, 13014, 13015, 13016, 13016, 13018, 13019, 13020, 13021, 13022, 13023 and 13024. - - - - UNFINISHED BUSINESS Ordinances Amendment and adoption of proposed Ord. No. 85-10 authorizing and directing the issuance, sale and delivery of taxable wastewater system revenue bonds (Build America Bonds – Direct Pay), Series 2010B, of The Metropolitan St. Louis Sewer District; prescribing the form and details of said bonds; and authorizing certain actions and documents and prescribing other matters relating thereto. Motion by Mr. Berry, seconded by Mr. Goffstein that proposed Ord. No. 85-10 be amended. 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 Motion made, seconded and unanimously adopted to suspend the rules to allow for adoption of proposed Ord. No. 85-10. Motion made by Mr. Buford, seconded by Mr. Feldhaus that proposed Ord. No. 85- 10 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. 85-10 adopted and it was assigned Ordinance No. 13025. Resolutions None - - - - NEW BUSINESS Ordinances INTRODUCTION OF PROPOSED ORD. 108-10 APPROPRIATING $10,700,000.00 FROM THE SANITARY REPLACEMENT FUND TO BE USED FOR PROJECT COSTS FOR THE CONSTRUCTION OF SANITARY SEWERS IN ARGONNE SANITARY RELIEF (SKME-501) PHASE I (2003060A), IN THE CITIES OF CRESTWOOD, KIRKWOOD AND OAKLAND, MISSOURI; AND AUTHORIZING THE EXECUTIVE DIRECTOR AND SECRETARY- TREASURER ON BEHALF OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT TO ENTER INTO A CONTRACT WITH UNNERSTALL CONTRACTING CO., LTD. FOR THE AFORESAID SANITARY SEWER CONSTRUCTION. Proposed Ord. No. 108-10 was presented and read. The work to be done under this contract consists of the construction of approximately 10,600 lineal feet of pipe sewers varying in size from 8-inches to 48-inches in diameter and appurtenances. The purpose of this project is to alleviate property loss and damage due to overcharged sewer mains. One sanitary sewer overflow will be eliminated. This project is scheduled to be completed in 730 days. Motion made by Mr. Berry, seconded by Mr. Buford that proposed Ord. No. 108-10 be introduced. Motion passed – 6 ayes, no nays Poll taken: E. Ross aye J. Goffstein aye R. Berry aye G. Feldhaus aye D. Visintainer aye J. Buford aye INTRODUCTION OF PROPOSED ORD. NO. 109-10 APPROPRIATING $1,500,000.00 FROM THE SANITARY REPLACEMENT FUND TO BE USED FOR PROJECT COSTS FOR THE CONSTRUCTION OF SANITARY SEWERS IN BROOKTON WAY TO MERAMEC BOTTOM ROAD SANITARY RELIEF PHASE I (2000083A), IN UNINCORPORATED ST. LOUIS COUNTY, MISSOURI; AND AUTHORIZING THE EXECUTIVE DIRECTOR AND SECRETARY- TREASURER ON BEHALF OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT TO ENTER INTO A CONTRACT WITH J.H. BERRA CONST. CO., INC. FOR THE AFORESAID CONSTRUCTION. Proposed Ord. No. 109-10 was presented and read. The work to be done under this contract consists of the construction of approximately 3,655 lineal feet of pipe sewers varying in size from 15-inches to 30-inches in diameter and appurtenances. This construction is the first phase of a multiple phase sanitary sewer improvement program. The purpose of this project is to alleviate property loss and damage due to overcharged sanitary sewers. This project will allow for the elimination of one sanitary sewer bypass after Phase II is constructed. This project is scheduled to be completed in 475 days. Motion by Mr. Berry, seconded by Mr. Ross that proposed Ord. No. 109-10 be introduced. Motion passed – 6 ayes, no nays Poll taken: E. Ross aye J. Goffstein aye R. Berry aye G. Feldhaus aye D. Visintainer aye J. Buford aye INTRODUCTION OF PROPOSED ORD. NO. 110-10 APPROPRIATING $2,750,000.00 FROM THE SANITARY REPLACEMENT FUND TO BE USED FOR PROJECT COSTS FOR THE CONSTRUCTION OF THE FILLMORE COMBINED SEWER SYSTEM IMPROVEMENTS PHASE II (2003092A), 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 A CONTRACT WITH UNNERSTALL CONTRACTING CO., LTD. FOR THE CONSTRUCTION OF THE AFORESAID STORM SEWERS. Proposed Ord. No. 110-10 was presented and read. The work to be done under this contract consists of the construction of approximately 4,411 lineal feet of pipe sewers varying in size from 12-inches to 36-inches in diameter and appurtenances. This construction is the second phase of a two-phase improvement program. The purpose of this project is to alleviate property loss and damage due to overcharged combined sewers. This project is scheduled to be completed in 653 days. Motion by Mr. Visintainer, seconded by Mr. Feldhaus that proposed Ord. No. 110- 10 be introduced. Motion passed – 6 ayes, no nays Poll taken: E. Ross aye J. Goffstein aye R. Berry aye G. Feldhaus aye D. Visintainer aye J. Buford aye INTRODUCTION OF PROPOSED ORD. NO. 111-10 APPROPRIATING $5,550,000.00 FROM THE SANITARY REPLACEMENT FUND TO BE USED FOR PROJECT COSTS FOR THE REHABILITATION OF SANITARY SEWERS IN INFRASTRUCTURE REPAIRS (REHABILITATION) (FY2010) (2009064) IN THE CITY OF ST. LOUIS AND ST. LOUIS COUNTY, MISSOURI; AND AUTHORIZING THE EXECUTIVE DIRECTOR AND SECRETARY- TREASURER ON BEHALF OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT TO ENTER INTO A CONTRACT WITH SAK CONSTRUCTION, LLC FOR THE REHABILITATION OF THE AFORESAID SANITARY SEWERS. Proposed Ord. No. 111-10 was presented and read. This is Part One of a two-part project. Part Two encompasses the remainder of the District’s boundaries and was bid concurrently. The work to be done under this contract consists of the rehabilitation of approximately 150,831 lineal feet of pipe sewers varying in size from 8-inches to 48-inches in diameter, utilizing cured-in-place-pipe (CIPP) methods. The purpose of this project is to rehabilitate older, damaged, and deteriorated sewers to reduce pipe collapses, blocked mains, and inflow/infiltration. This project is scheduled to be completed in 365 days. Motion by Mr. Berry seconded by Mr. Feldhaus that proposed Ord. No. 111-10 be introduced. Motion passed – 6 ayes, no nays Poll taken: E. Ross aye J. Goffstein aye R. Berry aye G. Feldhaus aye D. Visintainer aye J. Buford aye INTRODUCTION OF PROPOSED ORD. NO. 112-10 AUTHORIZING THE TRANSFER OF FUNDS TO THE SANITARY REPLACEMENT FUND FROM THE FOLLOWING FUNDS IN THE AMOUNTS LISTED: OPERATION, MAINTENANCE AND CONSTRUCTION IMPROVEMENT FUND OF CLAYTON CENTRAL –$190,000.00; AND OPERATION, MAINTENANCE AND CONSTRUCTION IMPROVEMENT FUND OF FOUNTAIN CREEK –$30,000.00; AND OPERATION, MAINTENANCE AND CONSTRUCTION IMPROVEMENT FUND OF UPPER PADDOCK CREEK –$30,000.00; AND OPERATION, MAINTENANCE AND CONSTRUCTION IMPROVEMENT FUND OF WEDGEWOOD CREEK –$45,000.00; AND APPROPRIATING $5,100,000.00 FROM THE SANITARY REPLACEMENT FUND TO BE USED FOR PROJECT COSTS FOR THE REHABILITATION OF SANITARY SEWERS IN INFRASTRUCTURE REPAIRS (REHABILITATION) (FY2010) (PHASE A) (2009064A) IN THE CITY OF ST. LOUIS AND ST. LOUIS COUNTY, MISSOURI; AND AUTHORIZING THE EXECUTIVE DIRECTOR AND SECRETARY-TREASURER ON BEHALF OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT TO ENTER INTO A CONTRACT WITH SAK CONSTRUCTION, LLC FOR THE REHABILITATION OF THE AFORESAID SANITARY SEWERS. Proposed Ord. No. 112-10 was presented and read. This project is Part Two of a two-part project. Part One encompasses the remainder of the District boundaries and was bid concurrently. The work to be done under this contract consists of the rehabilitation of approximately 129,826 lineal feet of sewers varying in size from 6-inches to 48-inches in diameter, utilizing cured-in-place-pipe (CIPP) methods. The purpose of this project is to rehabilitate older, damaged, and deteriorated sewers to reduce pipe collapses, blocked mains and inflow/infiltration. This project is scheduled to be completed in 365 days. Motion by Mr. Berry, seconded by Mr. Feldhaus that proposed Ord. No. 112-10 be introduced. Motion passed – 6 ayes, no nays Poll taken: E. Ross aye J. Goffstein aye R. Berry aye G. Feldhaus aye D. Visintainer aye J. Buford aye INTRODUCTION OF PROPOSED ORD. NO. 113-10 APPROPRIATING $13,500,000.00 FROM THE SANITARY REPLACEMENT FUND TO BE USED FOR PROJECT COSTS FOR THE CONSTRUCTION OF MISSOURI RIVER WWTP SECONDARY TREATMENT EXPANSION (DIGESTER REHABILITATION) (2006168B), IN THE CITY OF MARYLAND HEIGHTS, MISSOURI; AND AUTHORIZING THE EXECUTIVE DIRECTOR AND SECRETARY- TREASURER ON BEHALF OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT TO ENTER INTO A CONTRACT WITH GOODWIN BROS. CONST. CO. FOR THE AFORESAID CONSTRUCTION. Proposed Ord. No. 113-10 was presented and read. The work to be done under this contract consists of the construction necessary to rehabilitate the four 4) existing anaerobic digesters including the removal and disposal of solids, removal and replacement of the existing digester roof structures, replacement of the gas mixing system, replacement of the boilers, replacement of the waste gas flare, repair and replacement of a sump plump and associated equipment, replacement and relocation of pipe and piping components, and other miscellaneous improvements. This construction is the first phase of a two-phase improvement program. The purpose of this project is to replace equipment and rehabilitate digester facilities that have reached the end of their serviceable life. This project is scheduled to be completed in 833 days. Motion by Mr. Feldhaus, seconded by Mr. Visintainer that proposed Ord. No. 113- 10 be introduced. Motion passed – 6 ayes, no nays Poll taken: E. Ross aye J. Goffstein aye R. Berry aye G. Feldhaus aye D. Visintainer aye J. Buford aye INTRODUCTION OF PROPOSED ORD. NO. 114-10 APPROPRIATING $980,000.00 FROM THE SANITARY REPLACEMENT FUND TO BE USED FOR PROJECT COSTS FOR THE REHABILITATION OF SANITARY SEWERS IN PADDOCK CREEK SANITARY RELIEF (SKME-206) (REHABILITATION) (2003111A) IN THE CITY OF FLORISSANT, MISSOURI; AND AUTHORIZING THE EXECUTIVE DIRECTOR AND SECRETARY-TREASURER ON BEHALF OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT TO ENTER INTO A CONTRACT WITH INSITUFORM TECHNOLOGIES USA, INC. FOR THE REHABILITATION OF THE AFORESAID SANITARY SEWERS. Proposed Ord. No. 114-10 was presented and read. The work to be done under this contract consists of the rehabilitation of approximately 14,024 lineal feet of pipe sewers varying in size from 8-inches to 30-inches in diameter, using cured-in-place-pipe (CIPP) methods. The purpose of this project is to reduce inflow/infiltration in the Paddock Creek sewershed of the Coldwater Creek service area. Once the amount of I/I reduction is verified after construction, this project should allow one bypass to be eliminated. This project is scheduled to be completed in 180 days. Motion by Mr. Berry, seconded by Mr. Feldhaus that proposed Ord. No. 114-10 be introduced. Motion passed – 6 ayes, no nays Poll taken: E. Ross aye J. Goffstein aye R. Berry aye G. Feldhaus aye D. Visintainer aye J. Buford aye INTRODUCTION OF PROPOSED ORD. NO. 115-10 APPROPRIATING $61,000.00 FROM THE OPERATION, MAINTENANCE AND CONSTRUCTION IMPROVEMENT FUND OF UNIVERSITY CITY TO BE USED FOR PROJECT COSTS FOR CONSTRUCTION OF STORM SEWERS IN WISMER AVENUE #2114 STORM SEWER (2008106), IN THE CITY OF OVERLAND, MISSOURI; AND AUTHORIZING THE EXECUTIVE DIRECTOR AND SECRETARY-TREASURER ON BEHALF OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT TO ENTER INTO A CONTRACT WITH B & G UTILITIES, LLC FOR THE AFORESAID CONSTRUCTION OF STORM SEWERS. Proposed Ord. No. 115-10 was presented and read. The work to be done under this contract consists of the construction of approximately 183 lineal feet of storm pipe sewers varying in size from 6-inches to 24-inches in diameter and appurtenances. The purpose of this project is to alleviate street and yard flooding and yard erosion. This project is scheduled to be completed in 60 days. Motion by Mr. Berry, seconded by Mr. Ross that proposed Ord. No. 115-10 be introduced. Motion passed – 6 ayes, no nays Poll taken: E. Ross aye J. Goffstein aye R. Berry aye G. Feldhaus aye D. Visintainer aye J. Buford aye INTRODUCTION OF PROPOSED ORD. NO. 116-10 APPROPRIATING $6,000,000.00 FROM THE SANITARY REPLACEMENT FUND FOR CONSTRUCTION MANAGEMENT SERVICES – BISSELL & LEMAY WWTP DISINFECTION FACILITIES (2008132); AND AUTHORIZING THE EXECUTIVE DIRECTOR AND SECRETARY-TREASURER ON BEHALF OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT TO ENTER INTO CONTRACT E-1266 WITH CH2M HILL, INC. FOR THE AFORESAID CONSTRUCTION MANAGEMENT SERVICES. Proposed Ord. No. 116-10 was presented and read. This project consists of conducting biddability/constructability reviews for the design of two sets of construction documents for adding disinfection facilities to the Bissell and Lemay Wastewater Treatment Plants, and construction management services for both projects from bid through construction to final completion and plant start-up. The preliminary combined value for disinfection facilities at both plants is $43,052,000. This appropriation is to cover anticipated costs for construction management services for adding disinfection facilities to both the Bissell and Lemay Wastewater Treatment Plants. Motion by Mr. Berry, seconded by Mr. Visintainer that proposed Ord. No. 116-10 be introduced. Motion passed – 6 ayes, no nays Poll taken: E. Ross aye J. Goffstein aye R. Berry aye G. Feldhaus aye D. Visintainer aye J. Buford aye INTRODUCTION OF PROPOSED ORD. NO. 117-10 APPROPRIATING $1,117,000.00 FROM THE SANITARY REPLACEMENT FUND FOR ENGINEERING SERVICES FOR THE FINAL DESIGN OF FF-15 MCKELVEY/R.R. TO ADIE SANITARY RELIEF PHASE III (89157B) AND AUTHORIZING THE EXECUTIVE DIRECTOR AND SECRETARY-TREASURER ON BEHALF OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT TO ENTER IN CONTRACT E-1275 WITH BIS FRUCON ENGINEERING INC. FOR THE AFORESAID ENGINEERING SERVICES. Proposed Ord. No. 117-10 was presented and read. This project consists of the design and preparation of construction documents for approximately 5,896 feet of 8-inch to 42- inch diameter sanitary sewers and appurtenances. This project will provide for the elimination of five construction SSOs as part of future upstream projects, and alleviate overcharged sanitary sewers and basement backups. The preliminary construction cost estimate is $6,787,000. Motion by Mr. Ross, seconded by Mr. Feldhaus that proposed Ord. No. 117-10 be introduced. Motion passed – 6 ayes, no nays Poll taken: E. Ross aye J. Goffstein aye R. Berry aye G. Feldhaus aye D. Visintainer aye J. Buford aye INTRODUCTION OF PROPOSED ORD. NO. 118-10 APPROPRIATING $4,200,000.00 FROM THE SANITARY REPLACEMENT FUND FOR ENGINEERING SERVICES FOR THE FINAL DESIGN OF HARLEM-BADEN RELIEF PHASE IV (HEBERT) (2003039A) AND AUTHORIZING THE EXECUTIVE DIRECTOR AND SECRETARY-TREASURER ON BEHALF OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT TO ENTER IN CONTRACT E-1276 WITH PARSONS WATER & INFRASTRUCTURE INC. FOR THE AFORESAID ENGINEERING SERVICES. Proposed Ord. No. 118-10 was presented and read. This project consists of the design and preparation of construction documents for approximately 24,600 feet of 12-inch to 96-inch diameter storm sewers, approximately 8,100 feet of 10-inch to 66-inch diameter sanitary sewers, a 9-acre 2.5 million cubic-foot earth stormwater detention basin, land planning for future use of the area not needed for detention, and appurtenances. This project will alleviate basement backups for approximately 130 properties. The preliminary construction cost estimate is $28,300,000. Motion by Mr. Buford, seconded by Mr. Berry that proposed Ord. No. 118-10 be introduced. Motion passed – 6 ayes, no nays Poll taken: E. Ross aye J. Goffstein aye R. Berry aye G. Feldhaus aye D. Visintainer aye J. Buford aye INTRODUCTION AND ADOPTION OF PROPOSED ORD. NO. 119-10 VACATING ANY RIGHTS, TITLE, OR INTEREST OF THE DISTRICT IN ALL OF OR PART OF THE PORTIONS OF EASEMENTS ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 209, PAGE 23, AND ANY RIGHTS, TITLE, OR INTEREST OF THE DISTRICT IN ALL OF OR PART OF THE PORTIONS OF EASEMENTS ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 352, PAGES 689-690 ALL OF WHICH ARE SHOWN SHADED AND NOTED “SEWER EASEMENT TO BE VACATED BY SEPARATE DOCUMENT” ACCORDING TO FOUNTAIN PLAZA AT CLARKSON AS RECORDED IN PLAT BOOK 355, PAGES 287-288 OF THE ST. LOUIS COUNTY RECORDS, IN THE CITY OF ELLISVILLE, ST. LOUIS COUNTY, MISSOURI; FOR THE PROJECT KNOWN AS CLAYTON & CLARKSON (CITICORP) P- 0010782-03. Proposed Ord. No. 119-10 was presented and read. The District has been requested to vacate any rights, title or interest in all of or part of the portions of easements according to the plat recorded in Plat Book 209, Page 23, and any right, title, or interest in all of or part of the portions of easements recorded in Plat Book 352, Pages 689-690. All easements to be vacated are shown shaded on separate document recorded in Plat Book 355, Pages 287- 288. The District has no future use for these commercial easements and did not pay for these easements. Motion by Mr. Buford, seconded by Mr. Feldhaus that proposed Ord. No. 119-10 be introduced. Motion made, seconded and unanimously adopted to suspend the rules to allow for adoption of Proposed Ord. No. 119-10. Motion made by Mr. Buford, seconded by Mr. Goffstein that proposed Ord. No. 119-10 be adopted. Motion passed – 6 ayes, no nays Poll taken: E. Ross aye J. Goffstein aye R. Berry aye G. Feldhaus aye D. Visintainer aye J. Buford aye The Chair declared proposed Ord. No. 119-10 adopted and it was assigned Ordinance No. 13026. INTRODUCTION AND ADOPTION OF PROPOSED ORD. NO. 120-10 AUTHORIZING THE EXECUTIVE DIRECTOR AND SECRETARY-TREASURER ON BEHALF OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT TO ENTER INTO AN AGREEMENT WITH ST. LOUIS COUNTY FOR THE CONSTRUCTION OF SANITARY SEWERS IN CREVE COEUR CREEK SANITARY TRUNK SEWER RELIEF PHASE I (2003063A), IN THE CITIES OF CHESTERFIELD AND MARYLAND HEIGHTS, MISSOURI. Proposed Ord. No. 120-10 was presented and read. This ordinance authorizes the staff to enter into an agreement with St. Louis County to build a portion of the Creve Coeur Sanitary Trunk Sewer Relief Phase I (2003063A). This project was under construction when St. Louis County received economic stimulus funds that allowed the construction of the Page – Olive Connector (AR-1236) to be moved up. This resulted in numerous conflicts between the two projects. In order to better coordinate the two projects and make the best use of public funds, the decision was made to cut the current MSD construction contract short and incorporate the necessary work into St. Louis County’s road project. The costs associated with this change will be funded out of the original construction appropriation. Motion by Mr. Berry, seconded by Mr. Feldhaus that proposed Ord. No. 120-10 be introduced. Motion made, seconded and unanimously adopted to suspend the rules to allow for adoption of Proposed Ord. No. 120-10. Motion made by Mr. Ross, seconded by Mr. Visintainer that proposed Ord. No. 120-10 be adopted. Motion passed – 6 ayes, no nays Poll taken: E. Ross aye J. Goffstein aye R. Berry aye G. Feldhaus aye D. Visintainer aye J. Buford aye The Chair declared proposed Ord. No. 120-10 adopted and it was assigned Ordinance No. 13027. INTRODUCTION AND ADOPTION OF PROPOSED ORD. NO. 121-10 VACATING ANY RIGHTS, TITLE, OR INTEREST OF THE DISTRICT IN A PORTION OF AMERICAN INDUSTRIAL DRIVE, FIFTY (50’) FOOT WIDE, VACATED BY CITY OF MARYLAND HEIGHTS ORDINANCES 2007-2923, APPROVED JUNE 7, 2007, AND 2007-2966, APPROVED SEPTEMBER 6, 2007, AND RECORDED IN DEED BOOK 17823, PAGE 4445, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 120, PAGES 66-67 AND LOCATED IN LOT B OF AMENDED PLAT OF EDWARD JONES MARYLAND HEIGHTS CAMPUS ONE ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 357, PAGES 431-434 OF THE ST. LOUIS COUNTY RECORDS, IN THE CITY OF MARYLAND HEIGHTS, MISSOURI; FOR THE PROJECT KNOWN AS AMERICAN INDUSTRIAL DRIVE W. OF PROGRESS PARKWAY (PARKING GARAGE); P-0015604-01. Proposed Ord. No. 121-10 was presented and read. The District has been requested to vacate any right, title or interest in a portion of American Industrial Drive fifty feet (50’) wide, vacated by the City of Maryland Heights Ordinance No. 2007-2923 and 2007-2966, recorded in Deed Book 17823, Page 4445. The District has no future use of this right-of-way or the reserved easements within the right-of-way to be vacated. The District did not pay for any of these easements. Motion by Mr. Buford, seconded by Mr. Feldhaus that proposed Ord. No. 121-10 be introduced. Motion made, seconded and unanimously adopted to suspend the rules to allow for adoption of Proposed Ord. No. 121-10. Motion made by Mr. Buford, seconded by Mr. Goffstein that proposed Ord. No. 121-10 be adopted. Motion passed – 6 ayes, no nays Poll taken: E. Ross aye J. Goffstein aye R. Berry aye G. Feldhaus aye D. Visintainer aye J. Buford aye The Chair declared proposed Ord. No. 121-10 adopted and it was assigned Ordinance No. 13028. INTRODUCTION AND ADOPTION OF PROPOSED ORD. NO. 122-10 VACATING A PORTION OF A VARIABLE WIDTH EASEMENT AS RECORDED IN DEED BOOK 8390, PAGE 1363; AND ANY RIGHTS, TITLE, OR INTEREST OF THE DISTRICT IN A PORTION OF A VARIABLE WIDTH ROADWAY & UTILITY EASEMENT & PARKING RESERVATION, ALSO ANY RIGHTS, TITLE, OR INTEREST OF THE DISTRICT IN A PORTION OF A TEN (10’) FOOT WIDE UTILITY EASEMENT AND A PORTION OF A SEVEN (7’) FOOT WIDE UTILITY EASEMENT ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 235, PAGE 46; AND ANY RIGHTS, TITLE OR INTEREST OF THE DISTRICT IN A PORTION OF A VARIABLE WIDTH ROADWAY & UTILITY EASEMENT & PARKING RESERVATION ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 286, PAGES 25-26 AND LOCATED IN ADJUSTED LOT A OF A BOUNDARY ADJUSTMENT PLAT OF PART OF “THE VALLEY CENTER”, SHARE 7 OF THE PETER STEFFAN ESTATE, LOT 4 OF A SUBDIVISION OF THE WEST HALF OF U.S. SURVEY 126, TOWNSHIP 45 NORTH, RANGE 4 EAST, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 349, PAGE 493 OF THE ST. LOUIS COUNTY RECORDS, IN THE CITY OF CHESTERFIELD, MISSOURI; FOR THE PROJECT KNOWN AS VALLEY CENTER PLAT 4 (ST. LOUIS FAMILY CHURCH); P-0019682- 05. Proposed Ord. No. 122-10 was presented and read. The District’s Engineering and Operations Departments are requesting that a portion of an easement recorded in Deed Book 8390, Page 1363 be vacated because there is a Private Pump Station within this public easement. MSD’s Operations Department has expressed to the owners of this property that the Private Pump Station is theirs to maintain, also any right, title, or interest of the District in a portion of a roadway and utility easement and parking reservation in Plat Book 235, Page 46, and any right, title, or interest in a portion of a ten foot (10’) and a seven foot (7’) wide utility easement and any right, title, or interest in a portion of a roadway and utility easement and parking reservation in Plat Book 286, Pages 25 & 26. The District has no further use of these commercial easements. Motion by Mr. Buford, seconded by Mr. Feldhaus that proposed Ord. No. 122-10 be introduced. Motion made, seconded and unanimously adopted to suspend the rules to allow for adoption of Proposed Ord. No. 122-10. Motion made by Mr. Buford, seconded by Mr. Goffstein that proposed Ord. No. 122-10 be adopted. Motion passed – 6 ayes, no nays Poll taken: E. Ross aye J. Goffstein aye R. Berry aye G. Feldhaus aye D. Visintainer aye J. Buford aye The Chair declared proposed Ord. No. 122-10 adopted and it was assigned Ordinance No. 13029. INTRODUCTION AND ADOPTION OF PROPOSED ORD. NO. 123-10 VACATING A PORTION OF A TEN (10’) FOOT WIDE EASEMENT AS RECORDED IN DEED BOOK 1688, PAGE 541 AND A PORTION OF A TEN (10’) FOOT WIDE EASEMENT AS RECORDED IN DEED BOOK 13687, PAGE 1350 LOCATED IN LOT 4 OF BABLER’S SOUTH SUBDIVISION ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 32, PAGE 47 OF THE ST. LOUIS COUNTY RECORDS, IN THE CITY OF LADUE, MISSOURI FOR PROJECT KNOWN AS BABLER LN #5 (SWITZER SANITARY RELOCATION), P-0024572-00. Proposed Ord. No. 123-10 was presented and read. The District has been requested to vacate a portion of a ten foot (10’) wide easement as recorded in Deed Book 1688, Page 541, and a portion of a ten foot (10’) wide easement as recorded in Deed Book 13687, Page 1350. The District has no future use for these residential easements and did not pay for these easements. Motion by Mr. Buford, seconded by Mr. Feldhaus that proposed Ord. No. 123-10 be introduced. Motion made, seconded and unanimously adopted to suspend the rules to allow for adoption of Proposed Ord. No. 123-10. Motion made by Mr. Buford, seconded by Mr. Goffstein that proposed Ord. No. 123-10 be adopted. Motion passed – 6 ayes, no nays Poll taken: E. Ross aye J. Goffstein aye R. Berry aye G. Feldhaus aye D. Visintainer aye J. Buford aye The Chair declared proposed Ord. No. 123-10 adopted and it was assigned Ordinance No. 13030. INTRODUCTION AND ADOPTION OF PROPOSED ORD. NO. 124-10 VACATING A PORTION OF A TEN (10’) FOOT WIDE EASEMENT LOCATED IN LOT F OF FOUNTAIN PLAZA AT CLARKSON ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 355, PAGES 287-288 OF THE ST. LOUIS COUNTY RECORDS, IN THE CITY OF ELLISVILLE, MISSOURI; FOR THE PROJECT KNOWN AS CLAYTON & CLARKSON (FOUNTAIN PLAZA COMMERCIAL LOTS 1D & 1B), P-0027944-00. Proposed Ord. No. 124-10 was presented and read. The District has been requested to vacate a portion of a ten foot (10’) wide easement in Lot F of Fountain Plaza recorded in Plat Book 355, Pages 287-288. The District has no future use for this commercial easement and did not pay for this easement. Motion by Mr. Buford, seconded by Mr. Feldhaus that proposed Ord. No. 124-10 be introduced. Motion made, seconded and unanimously adopted to suspend the rules to allow for adoption of Proposed Ord. No. 124-10. Motion made by Mr. Buford, seconded by Mr. Goffstein that proposed Ord. No. 124-10 be adopted. Motion passed – 6 ayes, no nays Poll taken: E. Ross aye J. Goffstein aye R. Berry aye G. Feldhaus aye D. Visintainer aye J. Buford aye The Chair declared proposed Ord. No. 124-10 adopted and it was assigned Ordinance No. 13031. INTRODUCTION AND ADOPTION OF PROPOSED ORD. NO. 125-10 VACATING A PORTION OF A TEN (10’)FOOT WIDE EASEMENT LOCATED IN COMMON GROUND OF FOUNTAIN PLAZA AT CLARKSON ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 355, PAGES 287-288 OF THE ST. LOUIS COUNTY RECORDS, IN THE CITY OF ELLISVILLE, MISSOURI; FOR THE PROJECT KNOWN AS CLAYTON & CLARKSON (FOUNTAIN PLAZA COMMERCIAL LOTS 1D & 1B), P-0027944-00. Proposed Ord. No. 125-10 was presented and read The District has been requested to vacate a portion of a ten foot (10’) wide easement in Common Ground of Fountain Plaza at Clarkson recorded in Plat Book 355, Pages 287-288. The District has no future use for this commercial easement and did not pay for this easement. Motion by Mr. Buford, seconded by Mr. Feldhaus that proposed Ord. No. 125-10 be introduced. Motion made, seconded and unanimously adopted to suspend the rules to allow for adoption of Proposed Ord. No. 125-10. Motion made by Mr. Buford, seconded by Mr. Goffstein that proposed Ord. No. 125-10 be adopted. Motion passed – 6 ayes, no nays Poll taken: E. Ross aye J. Goffstein aye R. Berry aye G. Feldhaus aye D. Visintainer aye J. Buford aye The Chair declared proposed Ord. No. 125-10 adopted and it was assigned Ordinance No. 13032. Resolutions ADOPTION OF RESOLUTION NO. 2890, WHEREAS ORDINANCE NO. 12598, ADOPTED MARCH 13, 2008, AUTHORIZED THE EXECUTIVE DIRECTOR AND SECRETARY- TREASURER ON BEHALF OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT TO ENTER INTO A CONTRACT WITH ARMSTRONG TEASDALE LLP WHEREBY ARMSTRONG TEASDALE LLP WOULD PROVIDE GENERAL LEGAL SERVICES, INCLUDING BUT NOT LIMITED TO THE AREAS OF CIVIL LITIGATION AND RESEARCH, HUMAN RESOURCES LAW, REAL PROPERTY LAW AND ADMINISTRATIVE MATTERS, FOR THE DISTRICT. Resolution No. 2890 was presented and read. This Resolution authorizes the second renewal of said contract. ADOPTION OF RESOLUTION NO. 2891, WHEREAS ORDINANCE NO. 12599, ADOPTED MARCH 13, 2008, AUTHORIZED THE EXECUTIVE DIRECTOR AND SECRETARY- TREASURER ON BEHALF OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT TO ENTER INTO A CONTRACT WITH THOMPSON COBURN LLC WHEREBY THOMPSON COBURN LLC WOULD PROVIDE GENERAL LEGAL SERVICES, INCLUDING BUT NOT LIMITED TO THE AREAS OF CIVIL LITIGATION AND RESEARCH, HUMAN RESOURCES LAW, REAL PROPERTY LAW AND ADMINISTRATIVE MATTERS, FOR THE DISTRICT. Resolution No. 2891 was presented and read. This Resolution authorizes the second renewal of said contract. ADOPTION OF RESOLUTION NO. 2892 TRANSFERRING UNSPENT APPROPRIATED BALANCES TOTALING $3,021,786 FROM SPECIFIC PROJECTS TO CONSOLIDATE PROJECT-FUNDING SOURCES TO FUND FUTURE PROJECTS. Resolution No. 2892 was presented and read. This resolution transfers is necessary to consolidate projects and eliminate multiple fund source for a single project. Motion made by Mr. Goffstein, seconded by Mr. Visintainer that Resolution Nos. 2890, 2891 and 2892 be adopted. Motion passed – voice vote; 6 ayes, no nays - - - - Upon motion made Mr. Buford, seconded by Mr. Feldhaus, and unanimously passed, the meeting adjourned at 5:56 p.m. Secretary-Treasurer