HomeMy Public PortalAbout1490th Board Journal 8-12-2010
JOURNAL OF THE (1490th) MEETING OF THE
BOARD OF TRUSTEES
THE METROPOLITAN ST. LOUIS SEWER DISTRICT
August 12, 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 S. M. Myers, Attorney III
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; David
Rosenberg, Insituform; Don Willey, Laborers 110; Lisa Douglas, RJN; Rob Kuenzel, RJN; Arthur
Muskin, HM Village; Carey Brand, CH2M Hill; Joe Britt, Wells Fargo; John Choinka, GBA; Bently
Green, Black & Veatch; Mark Eshelman, M3 Engineering; Eric Kurch, Reitz & Jens; Andrea
Jackson, St. Louis County; Evan Young, Call Newspapers; Jon Bergenthal, Jacobs; Dave
Cavender, Horner & Shifrin; Tom Ratzki, Black & Veatch; Aaron Griesheimer; SITE; Tim
Tappendorf, CMT; Sarah Turner, Gonzalez Companies; Donald Morris; Adell Smith, Metro Bus;
Dion Stevens, NEPC; Phil Sutin, Post-Dispatch; Gary Penrod, Insituform; Andrew Potthast,
HNTB; Nicole Young, CDM; Bill Ehrhard, MSD; Todd Bolte, MSD; Lance LeComb, Manager of
Public Information; Marie Collins, Asst. Director of Engineering; Gene Rhodes, Audit
Administrator; Barb Mohn, Director of Information Systems; Vicki Taylor-Edwards, Director of
Human Resources; Mike Grace, Risk Management; Debbie Johnson, Public Information
Representative; and Pam Bell, Secretary to the Executive Director.
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Mr. Goffstein opened the meeting pursuant to notice and call.
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Motion made by Mr. Berry, 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.; discussions regarding negotiations with employee groups under §610.021(9).
Motion passed – 6 ayes, no nays
Poll taken: E. Ross aye D. Visintainer aye
G. Feldhaus aye J. Buford aye
R. Berry aye J. Goffstein aye
During closed session the Board discussed confidential and privileged matters
related to the Stormwater Rate case and discussed with staff confidential and privileged
communications regarding the University City flooding cases pursuant to§610.021(1), RSMO
1988 SUPP. No votes were taken on these issues. There was also an update by staff
concerning the negotiation with labor unions pursuant to §610.021(9), RSMO 1988 SUPP. No
votes were taken on this issue.
Motion made by Mr. Visintainer, seconded by Mr. Feldhaus, to reconvene into
open session.
Motion passed – 6 ayes, no nays
Poll taken: E. Ross aye D. Visintainer aye
G. Feldhaus aye J. Buford aye
R. Berry aye J. Goffstein aye
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Upon motion made by Mr. Feldhaus, seconded by Mr. Visintainer, the Journal of
the July 8, 2010 and July 28, 2010 meetings were approved by unanimous voice vote.
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The Chair had no comments.
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Mr. Berry reported that the Program Management Committee met on August 3,
2010 at 7:30 a.m. The meeting was attended by Trustees Berry and Visintainer.
The minutes of the June 29, 2010 meeting were approved.
The agenda items to be introduced tonight were presented and discussed,
including a detailed discussion regarding the following items:
Item 26 – Wharf Street Pump Station – There were some questions from potential
bidders as to whether or not all bidders met the mandatory pre-bid requirements. This
confusion was because two different mandatory pre-bid site visits were held. Staff has
confirmed that all companies submitting a bid for this project attended one of the two mandatory
pre-bid conferences.
Item 28 – CSO Green Infrastructure Pilot Program – This project will serve as a
pilot program to test the delivery methods and effectiveness of the green infrastructure program
included in the District’s CSO Long Term Control Plan submittal. MSD, in cooperation with the
City of St. Louis, will use Land Redevelopment Authority (LRA) properties for this pilot program.
The program’s goal will be to reduce CSO discharge volumes to the Mississippi River through
the use of green infrastructure. There will be an immediate gain with the demolition of existing
structures and installation of green infrastructure on vacant properties. Green facilities will also
be constructed on properties with building demolition to further enhance the program. The City
of St. Louis will provide free property rights for the program and will provide all management and
inspection services for the demolition program.
Item 39 – Upper Sugar Creek – Staff notified the Committee of its intent to request
introduction and adoption of this ordinance at the September Board meeting to meet the
schedule requirements of the Greenbriar Hills Country Club.
Items 16 through 24 – General Services Agreement Contracts – Staff is requesting
that these ordinances be amended and adopted. The amount of the appropriations being
requested for each project is less than what was passed for introduction at the July Board
meeting. The reduced appropriations will prevent any impervious stormwater funds from being
encumbered for these projects.
Staff then discussed its progress with the Regional Floodplain Group that was
formed after the remnants of Hurricane Ike hit the area in September 2008. Staff discussed
progress to date and future plans. The Committee asked questions about the information
provided and gave suggestions on future projects. Staff will give a presentation on this program
as part of the Executive Director’s report.
The meeting was adjourned at 8:35 a.m.
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Mr. Feldhaus reported that the Stakeholder Relations Committee met at the
District’s Headquarters on July 15, 2010, at 7:30am. In attendance were Trustees Buford,
Feldhaus, Goffstein, Visintainer and staff.
First on the agenda was a discussion led by Mr. Theerman regarding proposed
Charter Amendment changes. The last changes made to the Charter were in 2000. The
current proposal contains 39 items for consideration. Mr. Theerman provided a brief overview
and insight into the committee members, their meetings, and the resulting proposal. No action
is necessary at this time because there is no time limit or time frame to add this to an electoral
ballot. However, it was decided to discuss 4 or 5 of the 39 items at each successive
Stakeholder's meeting until all have been presented. Once that has been completed, a decision
will be made as to how to proceed.
Second, joining on conference call was Mr. Tyminski to discuss the current status
of administrative fees related to the State Revolving Fund (SRF). The SRF provides subsidized
low interest loans for construction of drinking and wastewater systems. MSD utilizes these
loans for financing of sewer projects. The Missouri Department of Natural Resources, a
developer of the Fund, is proposing an increase of 50% in their administration fees.
Consideration of continuing use of the fund was discussed, as well as what other options are
available and the District's fiduciary responsibility. No action is necessary at this time and it was
decided that further discussion would take place once the Clean Water Commission has stated
their position on the fee increase.
Mr. LeComb updated the committee regarding stormwater and backup issues
occurring in the Dogtown area of St. Louis. This area has been impacted by severe storms that
occurred in April and May of this year. Residents were present at the May 2010 Board meeting
to voice their concerns and MSD representatives have also met in a public meeting with these
residents to discuss possible causes and remedies for backups that have been occurring. Mr.
LeComb pointed out that both the Operations and Engineering Departments have taken
thorough steps to investigate the problem and present solutions. Back-flow devices are being
installed in many homes, as well as insurance matters being addressed. Another public
meeting was scheduled for July 29 with the Dogtown residents to assure them that MSD is
continuing to monitor and remedy the problem.
Next, Mr. Theerman briefed everyone on the current status of members for the
Rate Commission and replacement of retiring and/or inactive members. There are six positions
open for renewal and invitations have been sent to various organizations soliciting interest in a
seat on the Commission.
Finally, Mr. Goffstein inquired about the pump failure that occurred in June at the
Jefferson Barracks location. Mr. Theerman detailed the incidents that led to the pump failure,
which included flooding of the Mississippi and damages occurring to the pumps from flooding
debris.
The meeting was adjourned at 8:40am.
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Mr. Ross reported that the Audit Committee met on August 10, 2010. In
attendance were Trustees Ross, Berry, Buford, Visintainer and staff. The meeting was called to
order at 7:30a.m.
Mr. Tyminski informed the committee that the request for proposal for the
Management Audit has been issued. The Management Audit is divided into two phases: 1)
survey and 2) operational review. Eleven firms were present at the pre-bid meeting held on
August 5, 2010. At the request of bidders, the due date for proposals has been extended to
August 20, 2010.
Mr. Ross inquired about the expected range of fees for the Management Audit.
Mr. Tyminski replied that he would know more when the proposals are received on August 20th.
He also indicated that by dividing the bid process, MSD would have greater control of the fees.
The range of proposed fees for the prior management audit was $20,000 to $750,000. Mr.
Theerman indicated that the fees would be dependent upon the Board’s desire for the scope of
work. Mr. Tyminski added that he did not anticipate the survey phase would be very costly.
Mr. Tyminski reported that Gene Rhodes, Internal Audit Administrator, will be
retiring and Bob Lesko will be filling in from Jefferson Wells. Mr. Lesko provided the details of
the outstanding audit issues, noting that the District started with 80 open audit issues. Mr.
Lesko praised MSD staff for resolving the audit issues related to the ERP system. Currently, the
District has 31 open audit issues, which are in the process of being resolved by management
and staff.
Mr. Rhodes provided an update related to the MSD Hotline. He indicated that in
2003, MSD started the hotline to allow anonymous reporting of activity. The hotline is available
24 hours a day, 7 days a week at a cost of $1,100.00 per year. Over the past three years, MSD
has received the following number of calls: 2008: 14 calls, 2009: 3 calls and 2010: 9 calls. Mr.
Rhodes indicated that Internal Audit receives the calls and coordinates with the respective
department for responses. He stated that MSD staff has been cooperative in resolving the
issues reported. Mr. Tyminski added that MSD implemented the hotline in the spirit of
(Sarbanes-Oxley) SOX legislation.
After a brief closed session discussion, the meeting was adjourned at 7:59 a.m.
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Mr. Buford reported that the Finance Committee met on August 10, 2010. In
attendance at the meeting were Trustees Berry, Ross, Buford, and Visintainer. The minutes
from the June 8, 2010 meeting were approved.
Mr. Tyminski reported on the 2nd quarter performance of the pension investments
noting that the return was a negative 4.8% for the quarter ending June 30, 2010. Mr. Tyminski
noted that the plan’s five-year performance of 4.4% was in the top 10th percentile of the public
funds universe. Mr. Tyminski also indicated that none of the 18 managers were performing
below its individual benchmark.
Mr. Tyminski reported on the performance of the internally managed portfolio of
District funds that had an average balance of $374 million that generated a return of 1.76%,
which was 1% over the budgeted .75%, or approximately $6 million more than budgeted for
FY10. Mr. Tyminski indicated that he would be reporting a more in depth analysis of this return
at next Finance Committee meeting, along with future cash needs.
Mr. Tyminski presented the committee with the remaining debt issue from the
2008 authorization $129 million and the strategy of moving forward with the $51 million Build
America Bonds with a recommended negotiated transaction as soon as possible, and the
remaining $78 million with SRF in Spring 2011 for the Missouri River Plant expansion. He
indicated that we would need to provide perspective bond buyers with separate financial
statements on wastewater and stormwater in order to attract the best pricing in the market
place. Mr. Tyminski explained to the committee the advantages of utilizing the SRF program, as
well as the Build America Bonds before the end of calendar year, given the potential reduction in
the federal subsidy for the Build America Bonds currently being discussed in Washington.
Mr. Tyminski reviewed the timetable and the steps needed to re-implement the ad
valorem taxes back to both the County and City, indicating that it would generate approximately
$25 million in revenue if re-implemented.
Mrs. Zimmerman gave her report on the current financial condition of the District
as of May 2010. There were no significant changes in the Comprehensive Reporting. She
continued her discussion and presented the ARC report to the committee as required by
ordinance, and asked that the report be entered into the record. Mrs. Zimmerman discussed the
renewal of the Billing/Collection & Call Center System Services with Vertex and recommended
that the fifth of seven optional years contract is be exercised at an annual cost of $3.3 million
and indicated that service contract runs from July 25, 2010 through July 24, 2011, and is item
#35 on tonight’s agenda for Board consideration.
Mr. Theerman asked the committee’s consideration to declaring the Property at
720 Sontag Road in St. Louis County Surplus property and indicated we would need a
resolution to move forward to consider this property surplus in order to sell in the open market,
and is recommending approval of item #34 on tonight’s agenda for Board consideration.
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The Executive Director reported that each year the National Association of Clean
Water Agencies presents Peak Performance Awards to those member facilities that achieve
outstanding performance in treatment plant operations. I am happy to report that all seven of
the District’s plants have received Peak Performance Awards for calendar 2009. Gold awards
are presented to facilities that have achieved perfect compliance. MSD has four facilities
receiving Gold Awards, the Bissell Point, Missouri River, Fenton, and Lower Meramec
Treatment Plants. Silver Awards are presented to facilities that have five or fewer violations.
MSD facilities that are receiving Silver Awards are the Lemay, Coldwater Creek, and Grand
Glaize Treatment Plants.
As discussed in the Program Management report, the staff is recommending
contract amounts on items 16 though 24 be reduced as indicated on the agenda. Normally
introduced ordinances are placed on the consent agenda of the next Board Meeting. The staff
is requesting that the Board consider these changes prior to adoption by listing these
ordinances as unfinished business. Procedurally the question of whether to change the
appropriated dollars for each general services contract will be handled first. Following the
amendment consideration, each contract can be considered for adoption.
On the evening of July 21st, the northern part of our service area experienced a
severe thunderstorm that dropped 3-4 inches of rain in approximately 30 minutes. This storm
caused localized flooding and basement backups in north St. Louis City and County. To date,
the District has responded to approximately 950 customer calls. We have also attended or
scheduled a number of public meetings regarding the rain event to explain what happened and
to answer customer questions. Approximately 60% of those that called have experienced
basement backups as a result of overcharged sewers. These customers are contacted by our
insurance adjusters as soon as the cause has been determined. Our overcharged insurance
program will cover up to $2400 of actual damages caused by this storm. Unfortunately, those
that are impacted by overland flooding cannot be insured by this program. Both the City and the
County are attempting to get FEMA assistance for those that experienced damage from these
rains.
Mr. Theerman called upon Brian Hoelscher to discuss the District’s work with
communities and other stakeholders on a regional floodplain plan. Mr. Hoelscher, with the aid
of a PowerPoint presentation, (copies available upon request) indicated that this program is a
cooperative effort between MSD, the City of St Louis and the Land Redevelopment Authority to
test the delivery methods and effectiveness of green infrastructure. There will be an immediate
gain with the demolition of existing structures and the installation of green infrastructure on
vacant properties. The City of St. Louis will provide free property rights for this program and the
District will provide management and inspection services.
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Mr. Dion Stevens from the pension investment-consulting firm of New England
Pension Consultants addressed the Board and presented an update on the overall economic
performance of the various capital markets during the quarter and the year. He indicated that
uncertainty returned to the market place. He recommended increasing the exposure to
emerging market debt. The performance for the quarter was a negative 4.8% which was in
middle of all public funds for the quarter. The plans asset allocation was within the appropriate
ranges and the equity exposure was approximately 43%. No recommendation was made to
change any of the existing managers.
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Mr. Tom Sullivan addressed the Board and questioned if the District would be
holding a public hearing as required by the Charter before the implementation of the tax rates.
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Mr. Arthur Muskin addressed the Board and indicated that he is an owner of a ten-
unit apartment complex that is being threatened by erosion. The Board asked staff to follow up
on these concerns.
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CONSENT AGENDA
ADOPTION OF PROPOSED ORD. NO. 01-11 (ORDINANCE NO. 13114) APPROPRIATING
$6,800,000.00 FROM THE SANITARY REPLACEMENT FUND TO BE USED FOR PROJECT
COSTS FOR THE CONSTRUCTION OF SANITARY SEWERS IN COLDWATER SANITARY
RELIEF SECTION A, PHASE III (10555), IN UNINCORPORATED ST. LOUIS COUNTY AND
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 J. H. BERRA CONST. CO., INC. UNDER
CONTRACT 10415 FOR THE CONSTRUCTION OF THE AFORESAID SANITARY SEWERS.
ADOPTION OF PROPOSED ORD. NO. 12-11 (ORDINANCE NO. 13115) AUTHORIZING THE
EXECUTIVE DIRECTOR AND SECRETARY-TREASURER ON BEHALF OF THE
METROPOLITAN ST. LOUIS SEWER DISTRICT TO ENTER INTO A CONTRACT WITH
OBERMOELLER DESIGN, INCORPORATED, WHEREBY OBERMOELLER DESIGN,
INCORPORATED WILL PERFORM STORM WATER EDUCATIONAL RADIO ADS FOR THE
DISTRICT.
Plan Approval
Lemay WWTP Wet Weather Expansion Outfall Sewer (10683)
This project, located in Unincorporated St. Louis County, is to provide an outfall
sewer for the Lemay Wastewater Treatment Plant. This project is in the Fiscal
Year 2011 Budget and the estimated construction cost is $11,480,000.
Upper Sugar Creek Sanitary Relief Sec C. Phase II (10477)
This project, located in the Cities of Des Peres and Kirkwood, Missouri, is to
remove inadequate pump stations. This project is in the Fiscal Year 2011 Budget
and the estimated construction cost is $1,306,000.
Treadway Lane #4315 Storm Sewer (10314)
This project, located south of Interstate 70 and east of Cypress Road in the City of
Edmundson, is to relieve yard flooding. This project is in the Fiscal Year 2011
Budget and the estimated construction cost is $65,000.
Liberty Avenue Storm Sewer Improvements (10251)
This project, located south of Page Avenue and east of Lindbergh Boulevard in
unincorporated St. Louis County, is to alleviate frequent street and building
flooding. This project is in the Fiscal Year 2011 Budget and the estimated
construction cost is $357,000.
Motion made by Mr. Feldhaus, seconded by Mr. Ross, that the Consent Agenda
be adopted.
Motion passed – 6 ayes, no nays
Poll taken: J. Buford aye R. Berry aye
E. Ross aye D. Visintainer aye
G. Feldhaus aye J. Goffstein aye
The Chair declared the Consent Agenda adopted and proposed Ord. Nos. 01-11 and 12-11
were assigned Ordinance Nos. 13114 and 13115.
- - - -
UNFINISHED BUSINESS
Ordinances
AMENDMENT AND ADOPTION OF PROPOSED ORD. NO. 02-11 APPROPRIATING
$90,000.00 FROM THE IMPROVEMENT FUND TO BE USED FOR THE GENERAL
SERVICES AGREEMENT – SEWER & CHANNEL DESIGN (FY2011) CONTRACT A (10620)
THROUGHOUT THE DISTRICT, AND AUTHORIZING THE EXECUTIVE DIRECTOR AND
SECRETARY-TREASURER ON BEHALF OF THE METROPOLITAN ST. LOUIS SEWER
DISTRICT TO ENTER INTO CONTRACT 10405 WITH DAVID MASON & ASSOCIATES, INC.
FOR GENERAL SERVICES AGREEMENT – SEWER & CHANNEL DESIGN (FY 2011)
CONTRACT A (10620).
AMENDMENT AND ADOPTION OF PROPOSED ORD. NO. 03-11 APPROPRIATING
$90,000.00 FROM THE IMPROVEMENT FUND TO BE USED FOR THE GENERAL
SERVICES AGREEMENT – SEWER & CHANNEL DESIGN (FY2011) CONTRACT B (10621)
THROUGHOUT THE DISTRICT, AND AUTHORIZING THE EXECUTIVE DIRECTOR AND
SECRETARY-TREASURER ON BEHALF OF THE METROPOLITAN ST. LOUIS SEWER
DISTRICT TO ENTER INTO CONTRACT 10406 WITH EDM INCORPORATED FOR
GENERAL SERVICES AGREEMENT – SEWER & CHANNEL DESIGN (FY 2011) CONTRACT
B (10621).
AMENDMENT AND ADOPTION OF PROPOSED ORD. NO. 04-11 APPROPRIATING
$90,000.00 FROM THE IMPROVEMENT FUND TO BE USED FOR THE GENERAL
SERVICES AGREEMENT – SEWER & CHANNEL DESIGN (FY2011) CONTRACT C (10622)
THROUGHOUT THE DISTRICT, AND AUTHORIZING THE EXECUTIVE DIRECTOR AND
SECRETARY-TREASURER ON BEHALF OF THE METROPOLITAN ST. LOUIS SEWER
DISTRICT TO ENTER INTO CONTRACT 10407 WITH MACTEC ENGINEERING AND
CONSULTING, INC. FOR GENERAL SERVICES AGREEMENT – SEWER & CHANNEL
DESIGN (FY 2011) CONTRACT C (10622).
AMENDMENT AND ADOPTION OF PROPOSED ORD. NO. 05-11 APPROPRIATING
$120,000.00 FROM THE IMPROVEMENT FUND TO BE USED FOR THE GENERAL
SERVICES AGREEMENT - SEWER & PROCESS DESIGN (FY2011) (10623) THROUGHOUT
THE DISTRICT, AND AUTHORIZING THE EXECUTIVE DIRECTOR AND SECRETARY-
TREASURER ON BEHALF OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT TO
ENTER INTO CONTRACT 10408 WITH HORNER & SHIFRIN, INC. FOR GENERAL
SERVICES AGREEMENT - SEWER & PROCESS DESIGN (FY2011) (10623).
AMENDMENT AND ADOPTION OF PROPOSED ORD. NO. 07-11 APPROPRIATING
$90,000.00 FROM THE IMPROVEMENT FUND TO BE USED FOR THE GENERAL
SERVICES AGREEMENT – SURVEY SERVICES (FY2011) CONTRACT C (10628)
THROUGHOUT THE DISTRICT, AND AUTHORIZING THE EXECUTIVE DIRECTOR AND
SECRETARY-TREASURER ON BEHALF OF THE METROPOLITAN ST. LOUIS SEWER
DISTRICT TO ENTER INTO CONTRACT 10412 WITH SABUR, INC. FOR GENERAL
SERVICES AGREEMENT – SURVEY SERVICES (FY2011) CONTRACT C (10628) FOR THE
SURVEYING SERVICES, INCLUDING LAND SURVEYS, PROPERTY STRIP MAPS,
EASEMENTS AND OTHER GENERAL SURVEYING SERVICES.
AMENDMENT AND ADOPTION OF PROPOSED ORD. NO. 08-11 APPROPRIATING
$90,000.00 FROM THE IMPROVEMENT FUND TO BE USED FOR THE GENERAL
SERVICES AGREEMENT – SURVEY SERVICES (FY2011) CONTRACT B (10627)
THROUGHOUT THE DISTRICT, AND AUTHORIZING THE EXECUTIVE DIRECTOR AND
SECRETARY-TREASURER ON BEHALF OF THE METROPOLITAN ST. LOUIS SEWER
DISTRICT TO ENTER INTO CONTRACT 10411 WITH KOWELMAN ENGINEERING, INC.
FOR GENERAL SERVICES AGREEMENT – SURVEY SERVICES (FY2011) CONTRACT B
(10627) FOR THE SURVEYING SERVICES, INCLUDING LAND SURVEYS, PROPERTY
STRIP MAPS, EASEMENTS AND OTHER GENERAL SURVEYING SERVICES.
AMENDMENT AND ADOPTION OF PROPOSED ORD. NO. 09-11 APPROPRIATING
$90,000.00 FROM THE IMPROVEMENT FUND TO BE USED FOR THE GENERAL
SERVICES AGREEMENT – SURVEY SERVICES (FY2011) CONTRACT A (10626)
THROUGHOUT THE DISTRICT, AND AUTHORIZING THE EXECUTIVE DIRECTOR AND
SECRETARY-TREASURER ON BEHALF OF THE METROPOLITAN ST. LOUIS SEWER
DISTRICT TO ENTER INTO CONTRACT 10410 WITH ENGINEERING DESIGN SOURCE,
INC. FOR GENERAL SERVICES AGREEMENT – SURVEY SERVICES (FY2011) CONTRACT
A (10626) FOR THE SURVEYING SERVICES, INCLUDING LAND SURVEYS, PROPERTY
STRIP MAPS, EASEMENTS AND OTHER GENERAL SURVEYING SERVICES.
AMENDMENT AND ADOPTION OF PROPOSED ORD. NO. 10-11 APPROPRIATING
$90,000.00 FROM THE IMPROVEMENT FUND TO BE USED FOR THE GENERAL
SERVICES AGREEMENT – SURVEY SERVICES (FY2011) CONTRACT D (10629)
THROUGHOUT THE DISTRICT, AND AUTHORIZING THE EXECUTIVE DIRECTOR AND
SECRETARY-TREASURER ON BEHALF OF THE METROPOLITAN ST. LOUIS SEWER
DISTRICT TO ENTER INTO CONTRACT 10413 WITH THE STERLING COMPANY FOR
GENERAL SERVICES AGREEMENT – SURVEY SERVICES (FY2011) CONTRACT D (10629)
FOR THE SURVEYING SERVICES, INCLUDING LAND SURVEYS, PROPERTY STRIP
MAPS, EASEMENTS AND OTHER GENERAL SURVEYING SERVICES.
AMENDMENT AND ADOPTION OF PROPOSED ORD. NO. 11-11 APPROPRIATING
$90,000.00 FROM THE IMPROVEMENT FUND TO BE USED FOR THE GENERAL
SERVICES AGREEMENT - SURVEY SERVICES (FY2011) CONTRACT E (10630)
THROUGHOUT THE DISTRICT, AND AUTHORIZING THE EXECUTIVE DIRECTOR AND
SECRETARY-TREASURER ON BEHALF OF THE METROPOLITAN ST. LOUIS SEWER
DISTRICT TO ENTER INTO CONTRACT 10414 WITH VOLZ INCORPORATED FOR
GENERAL SERVICES AGREEMENT - SURVEY SERVICES (FY2011) CONTRACT E (10630)
FOR THE SURVEYING SERVICES, INCLUDING LAND SURVEYS, PROPERTY STRIP
MAPS, EASEMENTS AND OTHER GENERAL SURVEYING SERVICES.
Motion by Mr. Berry, seconded by Mr. Ross that proposed Ord. Nos. 02-11, 03-11,
04-11, 05-11, 07-11, 08-11, 09-11, 10-11 and 11-11 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. Nos. 02-11, 03-11, 04-11, 05-11, 07-11, 08-11, 09-11, 10-11 and
11-11.
Motion made by Mr. Visintainer, seconded by Mr. Berry that proposed Ord. Nos.
02-11, 03-11, 04-11, 05-11, 07-11, 08-11, 09-11, 10-11 and 11-11 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. Nos. 02-11, 03-11, 04-11, 05-11, 07-11, 08-11, 09-11, 10-11
and 11-11 adopted and they were assigned Ordinance Nos. 13116, 13117, 13118, 13119,
13120, 13121, 13122, 13123 and 13124.
Resolutions
None
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NEW BUSINESS
Ordinances
INTRODUCTION OF PROPOSED ORD. 13-11 APPROPRIATING $203,000.00 FROM THE
SANITARY REPLACEMENT FUND TO BE USED FOR PROJECT COSTS FOR PUMP
STATION IMPROVEMENTS IN WEST WATSON ROAD - NANELL LANE PHASE II (10138) IN
THE CITY OF SUNSET HILLS, MISSOURI; AND AUTHORIZING THE EXECUTIVE
DIRECTOR AND SECRETARY-TREASURER ON BEHALF OF THE METROPOLITAN ST.
LOUIS SEWER DISTRICT TO ENTER INTO A CONTRACT WITH DIZDAR BROS. SEWER &
CONST. FOR THE CONSTRUCTION OF THE AFORESAID SANITARY SEWERS.
Proposed Ord. No. 13-11 was presented and read. The work to be done under
Contract #10416 consists of the construction of a duplex pump station and approximately 200
lineal feet of pipe sewers 4-inches to 8-inches in diameter and appurtenances. The purpose of
this project is to upgrade a substandard pump station. This project is scheduled to be
completed in 150 days.
Motion made by Mr. Buford, seconded by Mr. Ross that proposed Ord. No. 13-11
be introduced.
Motion passed – 6 ayes, no nays
Poll taken: J. Buford aye R. Berry aye
E. Ross aye D. Visintainer aye
G. Feldhaus aye J. Goffstein aye
INTRODUCTION OF PROPOSED ORD. NO. 14-11 APPROPRIATING $370,000.00 FROM
THE SANITARY REPLACEMENT FUND TO BE USED FOR SANITARY SEWER
CONSTRUCTION AS PART OF THE WHARF STREET PUMP STATION REPLACEMENT (P-
110) (WW) (10049) 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 TGB,
INC. FOR THE CONSTRUCTION OF THE AFORESAID SEWERS.
Proposed Ord. No. 14-11 was presented and read. The work to be done under
Contract #10417 consists of the replacement of a pump station and the rehabilitation of 12
riverboat utility connections. The purpose of this project is to relocate controls for a pump
station above flood levels to alleviate bypasses during flood stage of the Mississippi River. This
project is scheduled to be completed in 180 days.
Motion by Mr. Berry, seconded by Mr. Visintainer that proposed Ord. No. 14-11 be
introduced.
Motion passed – 4 ayes, no nays, 2 abstain
Poll taken: J. Buford aye R. Berry aye
E. Ross aye D. Visintainer aye
G. Feldhaus abstain J. Goffstein abstain
INTRODUCTION OF PROPOSED ORD. NO. 15-11 APPROPRIATING $400,000.00 FROM
THE OPERATION, MAINTENANCE AND CONSTRUCTION IMPROVEMENT FUND OF
GRAVOIS CREEK TO BE USED FOR PROJECT COSTS FOR CHANNEL STABILIZATION IN
SKY CREST - MAPLE GROVE CHANNEL IMPROVEMENT (GCMC-120) (10058), IN THE
CITY OF CRESTWOOD, MISSOURI; AND AUTHORIZING THE EXECUTIVE DIRECTOR AND
SECRETARY-TREASURER ON BEHALF OF THE METROPOLITAN ST. LOUIS SEWER
DISTRICT TO ENTER INTO A CONTRACT WITH R. V. WAGNER, INC. FOR THE
AFORESAID CONSTRUCTION.
Proposed Ord. No. 15-11 was presented and read. The work to be done under
Contract #10418 consists of the construction of approximately 904 square yards of bank
protection biostabilization, 142 cubic yards of grade control channel, 66 lineal feet of wall
removal, 110 lineal feet of new wall construction and appurtenances. The purpose of this
project is to reduce streambank erosion at rear property lines. This project is scheduled to be
completed in 180 days.
Motion by Mr. Berry, seconded by Mr. Visintainer that proposed Ord. No. 15-11 be
introduced.
Motion passed – 6 ayes, no nays
Poll taken: J. Buford aye R. Berry aye
E. Ross aye D. Visintainer aye
G. Feldhaus aye J. Goffstein aye
INTRODUCTION OF PROPOSED ORD. NO. 16-11 APPROPRIATING $3,000,000.00 FROM
THE SANITARY REPLACEMENT FUND FOR DEVELOPMENT AND IMPLEMENTATION OF A
PILOT GREEN INFRASTRUCTURE PLAN FOR CSO VOLUME REDUCTION - GREEN
INFRASTRUCTURE (PILOT PROGRAM) (11048) AND AUTHORIZING THE EXECUTIVE
DIRECTOR AND SECRETARY-TREASURER ON BEHALF OF THE METROPOLITAN ST.
LOUIS SEWER DISTRICT TO ENTER INTO AN INTER-GOVERNMENTAL AGREEMENT
WITH THE CITY OF ST. LOUIS.
Proposed Ord. No. 16-11 was presented and read. This Contract #10423
authorizes the District to enter into an Inter-governmental Agreement with the City of St. Louis
and its agencies to develop a green infrastructure pilot program. In MSD’s 2009 Long Term
Control Plan submittal, green infrastructure was selected as part of the long-term Combined
Sewer Overflow (CSO) controls that discharge directly to the Mississippi River. The purpose of
the green infrastructure is to reduce CSO discharge volumes during rain events by capturing
and diverting stormwater to locations where it is detained, infiltrated into the ground, evaporated,
taken up by plants, or reused.
Motion by Mr. Visintainer seconded by Mr. Ross that proposed Ord. No. 16-11 be
introduced.
Motion passed – 6 ayes, no nays
Poll taken: J. Buford aye R. Berry aye
E. Ross aye D. Visintainer aye
G. Feldhaus aye J. Goffstein aye
INTRODUCTION OF PROPOSED ORD. NO. 17-11 APPROPRIATING $5,000,000.00 FROM
THE SANITARY REPLACEMENT FUND TO BE USED FOR PROJECT COSTS ASSOCIATED
WITH THE LOWER MERAMEC RIVER WWTP PHASE II (DISINFECTION) (10463) 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
GOODWIN BROS. CONST. CO. FOR THE AFORESAID CONSTRUCTION.
Proposed Ord. No. 17-11 was presented and read. The work to be done under
Contract #10419 consists of the construction of a disinfection building for chemical storage, a
chlorine contact basin, piping, and appurtenances. The purpose of this project is to provide
disinfection per the MDNR and NPDES permit requirements. This project is scheduled to be
completed in 410 days.
Motion by Mr. Visintainer, seconded by Mr. Berry that proposed Ord. No. 17-11 be
introduced.
Motion passed – 6 ayes, no nays
Poll taken: J. Buford aye R. Berry aye
E. Ross aye D. Visintainer aye
G. Feldhaus aye J. Goffstein aye
INTRODUCTION OF PROPOSED ORD. NO. 18-11 APPROPRIATING $55,000.00 FROM THE
OPERATION, MAINTENANCE AND CONSTRUCTION IMPROVEMENT FUND OF BLACK
CREEK TO BE USED FOR PROJECT COSTS FOR THE CONSTRUCTION OF RAIN
GARDENS IN CORNELL AVE. #8360 STORM SEWER (RAIN GARDENS) (10559), IN THE
CITY OF UNIVERSITY CITY, MISSOURI; AND AUTHORIZING THE EXECUTIVE DIRECTOR
AND SECRETARY-TREASURER ON BEHALF OF THE METROPOLITAN ST. LOUIS SEWER
DISTRICT TO ENTER INTO A CONTRACT WITH DJM ECOLOGICAL SERVICES FOR THE
CONSTRUCTION OF THE AFORESAID RAIN GARDENS.
Proposed Ord. No. 18-11 was presented and read. The work to be done under
Contract #10420 consists of the construction of seven rain gardens that vary in size from 90 to
370 square feet. The purpose of this project is to relieve yard flooding. This project is
scheduled to be completed in 60 days.
Motion by Mr. Berry, seconded by Mr. Visintainer that proposed Ord. No. 18-11 be
introduced.
Motion passed – 6 ayes, no nays
Poll taken: J. Buford aye R. Berry aye
E. Ross aye D. Visintainer aye
G. Feldhaus aye J. Goffstein aye
INTRODUCTION OF PROPOSED ORD. NO. 19-11 APPROPRIATING $550,000.00 FROM
THE SANITARY REPLACEMENT FUND OF THE DISTRICT FOR THE OPERATION AND
MAINTENANCE OF STREAM FLOW GAUGES IN STREAM FLOW GAUGE OPERATION
(USGS) (FY2011) (10766); AND AUTHORIZING THE EXECUTIVE DIRECTOR AND
SECRETARY-TREASURER ON BEHALF OF THE METROPOLITAN ST. LOUIS SEWER
DISTRICT TO EXTEND AGREEMENT M-561 WITH THE UNITED STATES DEPARTMENT OF
THE INTERIOR (U.S. GEOLOGICAL SURVEY) FOR THE AFORESAID SERVICES.
Proposed Ord. No. 19-11 was presented and read. The work to be done under
Contract #10422 is to continue to collect stream gauging information in 25 watersheds. For
FY2011, the USGS will continue the operation and maintenance of the existing network of 36
stream gauging stations in 25 watersheds within the District’s area. Stream stage (water
surface) and rainfall amounts will be collected with stream discharges (flow rates) determined
for each gauging station. Stream stage will be measured and recorded at 5-minute intervals
and transmitted via satellite to the USGS and automatically downloaded into a database. Stage
and discharge values will be displayed in a real-time fashion on the USGS public web page. In
addition, data reports or evaluations are provided by the USGS as an extension of staff, as
requested for use by the District. The data will be used to more reliable flood peak estimates for
use in hydrologic and hydraulic models or calculations at project locations within a drainage
basin. Stream gauging information and flood peak estimates are used for the District’s
stormwater, CSO LTCP, water quality modeling, and watershed planning and design of projects
in area streams, creeks and tributaries. The data and calculation methods are typically used for
projects such as: Water quality, streambank stabilization; storm sewer and channel sizing;
stream geomorphic assessments and stability; flood proofing and buyout evaluations; review
and validation of private development projects (subdivisions, culvert, and bridge replacements);
floodplain study evaluations; flooding complaint evaluations; Phase II Stormwater program;
Operations support; legal lawsuit defense and support; and Stormwater and Watershed
Facilities planning.
Motion by Mr. Visintainer, seconded by Mr. Feldhaus that proposed Ord. No. 19-
11 be introduced.
Motion passed – 6 ayes, no nays
Poll taken: E. Ross aye R. Berry aye
G. Feldhaus aye D. Visintainer aye
J. Buford aye J. Goffstein aye
INTRODUCTION AND ADOPTION OF PROPOSED ORD. NO. 20-11 SUSPENDING
ORDINANCE NO. 13022, ADOPTED JANUARY 14, 2010, AND ENACTING A NEW
ORDINANCE IN LIEU THEREOF TO REINSTITUTE THE SCHEDULE OF MONTHLY
STORMWATER SERVICE CHARGE AS APPROVED BY THE VOTERS ON MARCH 8, 1988
WITH AN EMERGENCY CLAUSE.
Proposed Ord. No. 20-11 was presented and read. The Stormwater Service
Charge rate schedule is attached as Appendix II. The Zweig, et al v MSD, Cause No. 08SL-
CC3051, case was initially filed on July 18, 2008 concerning the MSD stormwater user charge
as adopted in MSD Ordinance No. 12560. The judge entered an order in the first phase of this
case on July 9, 2010, which declared that the stormwater user charge violated Missouri’s
Hancock Amendment. Pursuant to this ruling, MSD finds it necessary to suspend the
stormwater user charge and to reinstitute the Stormwater Service Charges approved by the
voters on March 8, 1988.
Motion by Mr. Visintainer, seconded by Mr. Feldhaus that proposed Ord. No. 20-
11 be introduced.
Motion made, seconded and unanimously adopted to suspend the rules to allow
for adoption of Proposed Ord. No. 20-11.
Motion made by Mr. Visintainer, seconded by Mr. Berry that proposed Ord. No. 20-
11 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. 20-11 adopted and it was assigned Ordinance No.
13125.
INTRODUCTION OF PROPOSED ORD. NO. 21-11 DETERMINING THE AMOUNT OF TAXES
WHICH SHALL BE LEVIED, ASSESSED, AND COLLECTED IN THE YEAR 2010 ON ALL
TAXABLE TANGIBLE PROPERTY IN THE DISTRICT WITHIN THE CORPORATE LIMITS OF
THE CITY OF ST. LOUIS AND ST. LOUIS COUNTY, RESPECTIVELY, AND IN
SUBDISTRICTS WITHIN THE CORPORATE LIMITS OF ST. LOUIS COUNTY AS FOLLOWS:
COLDWATER CREEK TRUNK SUBDISTRICT, GRAVOIS CREEK TRUNK SUBDISTRICT,
MALINE CREEK TRUNK SUBDISTRICT, WATKINS CREEK TRUNK SUBDISTRICT,
SUBDISTRICT NO. 88 (FOUNTAIN CREEK), SUBDISTRICT NO. 89 (LORETTA-JOPLIN),
BENEFIT SUBDISTRICT NO. 111 (MARLBOROUGH), SUBDISTRICT NO. 325 (PADDOCK
CREEK), SUBDISTRICT NO. 342 (CLAYTON-CENTRAL), SUBDISTRICT NO. 366
(UNIVERSITY CITY BRANCH OF RIVER DES PERES STORMWATER SUBDISTRICT),
SUBDISTRICT NO. 367 (DEER CREEK STORMWATER SUBDISTRICT), SUBDISTRICT NO.
369 (SUGAR CREEK), SUBDISTRICT NO. 374 (WEDGEWOOD CREEK), SUBDISTRICT NO.
376 (BLACK JACK-DELLWOOD CREEK), SUBDISTRICT NO. 380 (UPPER PADDOCK
CREEK), SUBDISTRICT NO. 448 (MISSOURI RIVER - BONFILS), SUBDISTRICT NO. 449
(MERAMEC RIVER BASIN - M.S.D. SOUTHWEST), SUBDISTRICT NO. 453 (SHREWSBURY
BRANCH OF RIVER DES PERES), SUBDISTRICT NO. 454 (SEMINARY BRANCH OF RIVER
DES PERES), SUBDISTRICT NO. 455 (BLACK CREEK), SUBDISTRICT NO. 1 OF THE
RIVER DES PERES WATERSHED (CREVE COEUR-FRONTENAC AREA), SUBDISTRICT
NO. 4 OF THE RIVER DES PERES WATERSHED (NORTH AFFTON AREA), AND
SUBDISTRICT NO. 7 OF THE RIVER DES PERES WATERSHED (WELLSTON AREA), WITH
AN EMERGENCY CLAUSE, EXCEPT THOSE PROPERTIES EXCLUDED BY MISSOURI
LAW.
Proposed Ord. No. 21-11 was presented and read. Pursuant to the ruling in
Zweig, et al v MSD, Cause No. 08SL-CC3051, this action is necessary to reinstitute the MSD
customer tax levies. The Zweig, et al v MSD, Cause No. 08SL-CC3051, case was initially filed
on July 24, 2009, concerning the MSD stormwater user charge as adopted in MSD Ordinance
No. 12560. The Judge in this case entered an order on July 9, 2010 declaring MSD Ordinance
No. 12560 invalid and unconstitutional. Pursuant to this ruling MSD finds it necessary to
reinstitute tax levies.
Motion by Mr. Berry, seconded by Mr. Visintainer that proposed Ord. No. 21-11 be
introduced.
Motion passed – 6 ayes, no nays
Poll taken: E. Ross aye R. Berry aye
G. Feldhaus aye D. Visintainer aye
J. Buford aye J. Goffstein aye
Resolutions
ADOPTION OF RESOLUTION NO. 2922 WHEREAS THE EXECUTIVE DIRECTOR OF THE
METROPOLITAN ST. LOUIS SEWER DISTRICT (DISTRICT) HAS RECOMMENDED TO THE
BOARD OF TRUSTEES THAT A CERTAIN PARCEL OF DISTRICT REAL PROPERTY
KNOWN AND NUMBERED AS 720 SONTAG ROAD IN ST. LOUIS, COUNTY, MISSOURI, IS
NO LONGER NECESSARY OR USEFUL IN THE DISTRICT’S OPERATIONS, AND
THEREFORE, SHOULD BE DECLARED AS SURPLUS PROPERTY.
Resolution No. 2922 was presented and read.
ADOPTION OF RESOLUTION NO. 2923 WHEREAS ORDINANCE NO. 11546, ADOPTED
JULY 10, 2003, AUTHORIZED THE EXECUTIVE DIRECTOR AND SECRETARY-
TREASURER ON BEHALF OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT TO
ENTER INTO A CONTRACT WITH VERTEX, WHEREBY VERTEX WOULD PROVIDE CALL
CENTER AND BILLING/COLLECTION SERVICES FOR THE DISTRICT.
Resolution No. 2923 was presented and read.
ADOPTION OF RESOLUTION NO. 2919 EXPRESSING THE BOARD OF TRUSTEES’
APPRECIATION TO STUART D. HINES FOR HIS 8 YEARS OF EXEMPLARY SERVICE TO
THE METROPOLITAN ST. LOUISSEWER DISTRICT FROM OCTOBER 8, 2001, TO HIS
RETIREMENT EFFECTIVE AUGUST 1, 2010.
Resolution No. 2919 was presented and read.
ADOPTION OF RESOLUTION NO. 2920 EXPRESSING THE BOARD OF TRUSTEES’
APPRECIATION TO MICHAEL R. RONE FOR HIS 33 YEARS OF EXEMPLARY SERVICE TO
THE METROPOLITAN ST. LOUIS SEWER DISTRICT FROM JULY 24, 1977, TO HIS
RETIREMENT EFFECTIVE AUGUST 1, 2010.
Resolution No. 2920 was presented and read.
Motion made by Mr. Visintainer, seconded by Mr. Ross that Resolution Nos. 2919,
2920, 2921, 2922 and 2923 be adopted.
Motion passed – voice vote; 6 ayes, no nays
- - - -
Upon motion made Mr. Berry, seconded by Mr. Visintainer, and unanimously
passed, the meeting adjourned at 6:08 p.m.
Secretary-Treasurer