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HomeMy Public PortalAbout1491st Board Journal 9-16-2010 JOURNAL OF THE (1491st) MEETING OF THE BOARD OF TRUSTEES THE METROPOLITAN ST. LOUIS SEWER DISTRICT September 16, 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 (excused) 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; John Killups, Tetra Tech; Robert Bella, HDR; John Schilling, Black & Veatch; Tom Abkemeier, Shannon & Wilson, Curt Wheeling, LIUNA 110; Rob Kuenzel, RJN; David Eike, URS; Ron Krusie, Burns & McDonnell; Rebecca Losli, Losli Engineering; Alan Carter, Malcom Pirnie; Jim Coll, Jacobs; Carey Brand, CH2M Hill; John Choinka, GBA; Bently Green, Black & Veatch; Chris Tatham, ETC; Jenn Kahn, ETC; Mark Eshelman, M3 Engineering; Evan Young, Call Newspapers; Jon Bergenthal, Jacobs; Dave Cavender, Horner & Shifrin; Stephen Gregali, City Hall; Aaron Griesheimer; SITE; Sarah Turner, Gonzalez Companies; Andrew Potthast, HNTB; Nicole Young, CDM; Carole Willis, MSD; Brad Nevois, MSD; Todd Bolte, MSD; Marie Collins, Asst. Director of Engineering; 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. - - - - Mr. Goffstein opened the meeting pursuant to notice and call. - - - - Motion made by Mr. Berry, seconded by Mr. Goffstein, that the Board go into closed session to discuss legal, confidential or privileged matters under §610.021(1), RSMO 1988 SUPP.; leasing, purchase or sale of real estate under §610.021(2). 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. Berry, 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 Mr. Feldhaus leaves after closed session. - - - - Upon motion made by Mr. Berry, seconded by Mr. Visintainer, the Journal of the August 12, 2010 meeting was approved by unanimous voice vote. - - - - The Chair had no comments. - - - - Mr. Ross reported that the Audit Committee met 8:00 a.m. on September 14, 2010. In attendance were Trustees Goffstein, Buford, Visintainer, Ross and Berry. Mr. Tyminski indicated that the Audit Administrator, Mr. Gene Rhodes, had retired effective September 1st and his administrative duties would be spread amongst the staff of the Secretary-Treasurer’s Department, but any audit work would be handled by outside auditing firms. The Board members expressed some concern about the level of the workload being absorbed and the issue of independence. Mr. Tyminski indicated that the “Alert Line” function and the actual audits are being performed by independent CPA’s. Mr. Tyminski went over the proposed internal audit plan for fiscal 2011. He noted that a large portion of the audit budget would be devoted to conducting a management audit as required by the Charter, and that another significant portion of the audit budget would be devoted to the audit of the Capital Program. Additional audit area will be an audit of the revenue cycle and the implementation of a continuous audit approach. The meeting adjourned at 8:09 a.m. - - - - Mr. Buford reported that the Finance Committee met September 14, 2010. In attendance at the meeting were Trustees Goffstein, Buford, Berry, Visintainer and Ross. The minutes from the August 10, 2010 meeting were approved. Mr. Hayman, presented along with Kyna Iman, LLC, the District’s State Lobbyist updated the Committee with Congress activities that have taken place. After receiving seven proposals from St. Louis area firms, Mr. Hayman asked the Committee consider renewing a two-year contract, with a one-year option at $55,000 with Kyna Iman, LLC, as they are able to keep the District’s needs in front of Congress as well as access to our representatives. Finance Committee approved this recommendation with unanimous consent. Ms. Edwards asked that the Committee consider renewing a two-year contract with McGriff Siebels to keep cost down with no increase. The proposed insurance renewals approved by Finance Committee with unanimous consent. Ms. Mohn discussed that there would be a need to use some of the contingency funds and transfer them between contacts. This transfer is item #35 on tonight’s agenda. Mr. Tyminski reported a District’s RFP process for a $52 million Build America Bond Issue to be used to fund the disinfection projects. Mr. Tyminiski indicated that ten proposers responded to the RFP. After review, the staff is recommending the team of George K. Baum to provide services for the District as lead banker. On that team, the staff recommends Siebert Branford and Shank a minority, woman owned enterprise, and the firm of Ramirez, a minority enterprise. Mrs. Zimmerman gave her report on the current financial condition of the District and the ARC report. She also provided a summary of the fiscal 2011 budget revisions in response to the recent stormwater impervious rate case decision. The meeting adjourned at 9:40 a.m. - - - - Mr. Berry reported that the Program Management Committee met on September 7, 2010 at 7:30 a.m. The meeting was attended by trustees Berry and Ross. The minutes of the August 3, 2010 meeting were approved. The agenda items to be introduced tonight were presented and discussed, including a detailed discussion regarding the following items: Item 24 – Infrastructure Repairs – Only $1 million of the $4 million budgeted is being requested for appropriation. Remaining funds will be used to assist in balancing this year’s Operating Budget in light of the recent court decision on the impervious stormwater rate. Items 27 & 28 – Brightwell and Fountain/Anthony – These two ordinances request the authority to use condemnation proceedings if needed to obtain all easement rights for these projects. MSD is continuing to negotiate with legal representatives of the property owners. Item 30 – Upper Sugar Creek – Staff is requesting introduction and adoption of this ordinance so that construction can be started and completed at the Greenbriar Hills Country Club during the winter months. Item 13 – CSO Volume Reduction – Green Infrastructure – This project is scheduled for adoption tonight as part of the consent agenda. Staff reported that on September 2, 2010 the Board of Commissioners of the Land Reutilization Authority of the City of St. Louis passed a resolution to execute an agreement with MSD for this project. The meeting was adjourned at 8:10 a.m. - - - - Mr. Visintainer reported that the Stakeholder Relations Committee met at the District’s Headquarters on August 19, 2010, at 7:30am. In attendance were Trustees Berry, Goffstein, Visintainer and staff. First on the agenda, was a discussion regarding the District's Customer Surveying Program. On conference call with Mr. LeComb, was Mr. Chris Tatham of ETC Institute, the outside consulting firm which conducts our various surveys. Mr. Tatham reviewed the results of the most recent Post Contact Customer Survey. Overall satisfaction has improved for the second quarter, which has not happened in the past, particularly in the area of field service as compared to prior years. Mr. Sprague explained that this is a direct result of continued efforts and improvements of field operators to address customer concerns, in addition to, continued contact and follow-up with customers. Next, was a discussion regarding the contract for Environmental consulting services provided by Shook, Hardy & Bacon, LLP. Shook Hardy provides legal counsel in the area of Environmental law, including the current EPA matter. Mr. Hayman requested the Board's approval to exercise the one option year of their contract. A motion was approved to bring the matter before the Board in September as a Resolution to exercise the option year and is item no. 34 on tonight's Agenda. Ms. Mohn presented the next item of discussion regarding a donation request by St. Louis University Service Leadership Program. The Program refurbishes obsolete desktop computers for its "Computer Refurbishing Initiative", which then donates them to low-income children in the Mid-Town area of St. Louis. The request is for five (5) desktop computers that are over 4 years in age and have no trade-in value. The request would be in compliance with District Ordinance 9845, once the equipment has been deemed "surplus". A motion was approved to present this matter to the full Board for consideration and is item no. 32 on tonight's Agenda. The next item was a discussion by Mr. Sprague regarding proposed changes to the District's Sewer Separation Program, or SSP. Since approximately 1990, MSD has been installing pump stations or check valves in resident's yards that have experienced multiple backups due to overcharges causing basement back-ups. Originally, the equipment was serviced and maintained by MSD for a period of three (3) years and the customer would take over responsibility after that time. The expected life cycle of this equipment is approximately ten (10) years. It is now being proposed that MSD continue and/or take over maintenance of the installed equipment and eliminate the three-year agreement and also include a yearly maintenance check and semi-annual cleaning on the check valves. One significant change would be a proposed deductible of $100 on emergency calls due to pump failure or problems as a result of misuse or abuse. Next, was a discussion regarding proposed changes to the District's Charter Plan. Articles 2, 3, & 4 were reviewed and the recommended changes were discussed. This will be an on-going agenda item in upcoming Stakeholder meetings until all articles have been reviewed. Once all articles have been reviewed, a decision will be made as to how to proceed going forward. Next on the agenda was a discussion by Mr. Tyminski and presentation by McBride & Son Homes on behalf of the Home Builders Association regarding a Letter of Credit Option for MSD. The current process of securing funding for construction projects and infrastructure developments is a Cash Deposit Agreement (CDA). The Letter of Credit (LOC) is being proposed as an additional option for those who qualify and meet the bank's criteria. Such LOC's are accepted in other jurisdictions, including St. Louis County, and would be made available to stimulate development. There would be no need to alter the current CDA system other than to authorize a LOC instead of cash. Target date for implementation of this new option would be January 2011. Mr. Theerman updated the committee regarding the Rate Commission delegates. There are five (5) terms expiring in January and one organization has ceased to exist, thus leaving six (6) seats open. Solicitations have been made, and all expirees have requested to be reappointed to the Commission, with one seat remaining open. No Board action is required at this time. Due to time constraints, agenda item #8, Discussion Regarding Board Rule Changes, will be moved to the next Stakeholder's meeting. The meeting was adjourned at 8:50am. Mr. Chris Tatum from the ETC Institute presented the customer survey results for the second quarter ending June 30, 2010. He noted that this is a traditionally wet quarter and it is usually difficult to gain in customer survey ratings in the second quarter, but despite the seasonal impact the District’s customer service rating in almost all categories surveyed show a continued increase in positive performance. A copy of the survey presentation is available upon request. - - - - The Executive Director had no report. - - - - Mr. Tom Sullivan addressed the Board and questioned why Mr. Theerman was not at the meeting? Mr. Hayman replied that Mr. Theerman is a participant at a Nutrient Summit out of town. Mr. Sullivan, addressing agenda item #22 questioned if the District had previously utilized the vendor French Gerleman. Mr. Hoelscher responded that this vendor supplies electrical equipment and from time to time the District had previously utilized them. Mr. Sullivan questioned why the contract amount was so high with Burns McDonnell and also asked what were the legal costs to defend both the Stormwater Rate case and the EPA case? Mr. Hayman responded that accumulated legal defense cost over a multi-year period exceeded $800,000 for each case. - - - - Mr. Berry reported that the Finding of Fact Committee met after the public hearing on September 15, 2010 and concurs that it is necessary to assess the taxes as outlined in the ordinance and that nothing to the contrary was had been presented at the hearing. - - - - CONSENT AGENDA ADOPTION OF PROPOSED ORD. NO. 13-11 (ORDINANCE NO. 13126) 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. ADOPTION OF PROPOSED ORD. NO. 14-11 (ORDINANCE NO. 13127) 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. ADOPTION OF PROPOSED ORD. NO. 15-11 (ORDINANCE NO. 13128) 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. ADOPTION OF PROPOSED ORD. NO. 16-11 (ORDINANCE NO. 13129) 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. ADOPTION OF PROPOSED ORD. NO. 17-11 (ORDINANCE NO. 13130) 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. ADOPTION OF PROPOSED ORD. NO. 18-11 (ORDINANCE NO. 13131) 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. ADOPTION OF PROPOSED ORD. NO. 19-11 (ORDINANCE NO. 13132) 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. Plan Approval UR-07 Bon Hills Sanitary Relief Phase II (Rehabilitation) (10481) This project, located north of Ladue Road and east of Warson Road in the City of Olivette, is to alleviate basement backups and overcharged sanitary sewers. This project is in the Fiscal Year 2011 Budget and the estimated construction cost is $2,210,000. Fieldcrest and Fournier Channel Improvements (GCMB-130) (10234) This project, located north of Watson Road and west of Grant Road in the City of Crestwood, is to alleviate flooding of yards and habitable structures. This project is in the Fiscal Year 2011 Budget and the estimated construction cost is $585,000. CSO – Interceptor & Outfall Modifications Phase III (10190) This project, located at the terminus of Thatcher Avenue on the west bank of the Mississippi River and at the intersection of Leonor K. Sullivan and Chouteau Avenue in the City of St. Louis, is to address structural deterioration identified during periodic inspection of Flood Control Facilities and outfall structures by the Corps of Engineers. This project is in the Fiscal Year 2011 Budget and the estimated construction cost is $790,000. Motion made by Mr. Buford, seconded by Mr. Goffstein, that the Consent Agenda be adopted. Motion passed – 5 ayes, no nays Poll taken: J. Buford aye R. Berry aye E. Ross aye D. Visintainer aye J. Goffstein aye The Chair declared the Consent Agenda adopted and proposed Ord. Nos. 13-11, 14-11, 15-11, 16-11, 17-11, 18-11 and 19-11 were assigned Ordinance Nos. 13126, 13127, 13128, 13129, 13130, 13131 and 13132. - - - - UNFINISHED BUSINESS Ordinances AMENDMENT AND ADOPTION 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. Motion by Mr. Berry, seconded by Mr. Visintainer that proposed Ord. No. 21-11 be amended. Motion passed – 5 ayes, no nays Poll taken: J. Goffstein aye J. Buford aye D. Visintainer aye R. Berry aye E. Ross aye Motion made, seconded and unanimously adopted to suspend the rules to allow for adoption of proposed Ord. No. 21-11. Motion made by Mr. Buford, seconded by Mr. Visintainer that proposed Ord. No. 21-11 be adopted. Motion passed – 5 ayes, no nays Poll taken: J. Goffstein aye J. Buford aye D. Visintainer aye R. Berry aye E. Ross aye The Chair declared proposed Ord. No. 21-11 adopted and was assigned Ordinance No. 13133. Resolutions None - - - - NEW BUSINESS Ordinances INTRODUCTION OF PROPOSED ORD. 22-11 APPROPRIATING $390,000.00 FROM THE SANITARY REPLACEMENT FUND TO BE USED FOR THE LEMAY WWTP AERATION BLOWER MODIFICATIONS PHASE I (10270) 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 DRESSER ROOTS FOR THE AFORESAID MODIFICATIONS. Proposed Ord. No. 22-11 was presented and read. The work to be done under Contract #10433 consists of modifications to existing Blower No. 2. Services include design and manufacturing of modified blower parts and control system, and on-site technical assistance while Operations’ staff makes the modifications. The required modification parts are unique to the existing equipment. Therefore, the original manufacturer is a sole source. Delivery is scheduled to be completed in 300 days from receipt of order. Motion made by Mr. Berry, seconded by Mr. Goffstein that proposed Ord. No. 22- 11 be introduced. Motion passed – 5 ayes, no nays Poll taken: J. Buford aye R. Berry aye E. Ross aye D. Visintainer aye J. Goffstein aye INTRODUCTION OF PROPOSED ORD. NO. 23-11 APPROPRIATING $620,000.00 FROM THE SANITARY REPLACEMENT FUND TO BE USED FOR THE LEMAY WWTP AERATION BLOWER MODIFICATIONS PHASE I (10270) 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 FRENCH GERLEMAN FOR THE AFORESAID MODIFICATIONS. Proposed Ord. No. 23-11 was presented and read. The work to be done under Contract #10434 consists of procurement of a motor and variable frequency drive including start up. Delivery is scheduled to be completed in 238 days from receipt of order. Motion by Mr. Berry, seconded by Mr. Visintainer that proposed Ord. No. 23-11 be introduced. Motion passed – 5 ayes, no nays Poll taken: J. Buford aye R. Berry aye E. Ross aye D. Visintainer aye J. Goffstein abstain INTRODUCTION OF PROPOSED ORD. NO. 24-11 APPROPRIATING $190,000.00 FROM THE SANITARY REPLACEMENT FUND TO BE USED FOR THE LEMAY WWTP AERATION BLOWER MODIFICATIONS PHASE I (10270) 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 KAISER ELECTRIC, INC. FOR THE AFORESAID MODIFICATIONS. Proposed Ord. No. 24-11 was presented and read. The work to be done under Contract #10435 consists of installation of a new motor, variable frequency drive, heat exchanger, and associated electrical work. This project is scheduled to be completed by August 31, 2011. Motion by Mr. Berry, seconded by Mr. Visintainer that proposed Ord. No. 24-11 be introduced. Motion passed – 5 ayes, no nays Poll taken: J. Buford aye R. Berry aye E. Ross aye D. Visintainer aye J. Goffstein aye INTRODUCTION OF PROPOSED ORD. NO. 25-11 APPROPRIATING $1,000,000.00 FROM THE SANITARY REPLACEMENT FUND FOR INFRASTRUCTURE REPAIRS (SANITARY/COMBINED FY2011) (10662) IN THE CITY OF ST. LOUIS AND ST. LOUIS COUNTY, MISSOURI. Proposed Ord. No. 25-11 was presented and read. The work to be done under Contract #10436 consists of the repair/replacement and construction of manholes, sewers, and other infrastructure as identified by the Operations and Engineering departments at various locations throughout the District. Motion by Mr. Visintainer seconded by Mr. Ross that proposed Ord. No. 25-11 be introduced. Motion passed – 5 ayes, no nays Poll taken: J. Buford aye R. Berry aye E. Ross aye D. Visintainer aye J. Goffstein aye INTRODUCTION OF PROPOSED ORD. NO. 26-11 APPROPRIATING $2,200,000.00 FROM THE SANITARY REPLACEMENT FUND TO BE USED FOR PROJECT COSTS FOR THE REHABILITATION OF SANITARY SEWERS IN UR-07 BON HILLS SANITARY RELIEF PHASE II (REHABILITATION) (10481) IN THE CITIES OF OLIVETTE AND 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 INSITUFORM TECHNOLOGIES USA, INC. FOR THE REHABILITATION OF THE AFORESAID SANITARY SEWERS. Proposed Ord. No. 26-11 was presented and read. The work to be done under Contract #10437 consists of the construction of approximately 39,000 lineal feet of pipe sewers using CIPP methods varying in size from 8-inches to 36-inches in diameter and appurtenances. The purpose of this project is to alleviate basement backups and overcharged sanitary sewers. This project is scheduled to be completed in 300 days. Motion by Mr. Berry, seconded by Mr. Buford that proposed Ord. No. 26-11 be introduced. Motion passed – 5 ayes, no nays Poll taken: J. Buford aye R. Berry aye E. Ross aye D. Visintainer aye J. Goffstein aye INTRODUCTION OF PROPOSED ORD. NO. 27-11 APPROPRIATING $62,000.00 FROM THE OPERATION, MAINTENANCE AND CONSTRUCTION IMPROVEMENT FUND OF COLDWATER CREEK TO BE USED FOR PROJECT COSTS FOR THE CONSTRUCTION OF STORM SEWERS IN TREADWAY LANE NO. 4315 STORM SEWER (10314), 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 AFORESAID STORM SEWER CONSTRUCTION. Proposed Ord. No. 27-11 was presented and read. The work to be done under Contract #10438 consists of the construction of approximately 246 lineal feet of pipe sewers varying in size from 12-inches to 15-inches in diameter and appurtenances. 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. 27-11 be introduced. Motion passed – 5 ayes, no nays Poll taken: J. Buford aye R. Berry aye E. Ross aye D. Visintainer aye J. Goffstein aye INTRODUCTION OF PROPOSED ORD. NO. 28-11 DECLARING THE NECESSITY FOR THE ACQUISITION OF EASEMENTS AND LICENSES IN CERTAIN REAL PROPERTY WITHIN THE METROPOLITAN ST. LOUIS SEWER DISTRICT FOR THE PURPOSE OF CONSTRUCTION OF SEWERS AND RELATED APPURTENANCES IN THE PROJECT KNOWN AS BRIGHTWELL SANITARY RELIEF SKME-213 (2005053 – 10447) TO SERVE THE NEEDS OF RESIDENTS OF THE AREA, AND AUTHORIZING THE ACQUISITION OF SAID EASEMENTS AND TEMPORARY EASEMENTS BY PURCHASE OR BY THE INSTITUTION OF CONDEMNATION PROCEEDINGS. Proposed Ord. No. 28-11 was presented and read. This ordinance authorizes the staff to enter into condemnation proceedings for permanent easements and temporary construction easements on three (3) parcels of ground located in the City of Florissant, Missouri. These permanent easements and temporary construction easements are needed to construct this project, which consists of approximately 3,860 feet of 15-inch to 24-inch diameter sanitary relief sewers to eliminate basement backups and the removal of one (1) bypass. The easements have been appraised. Currently, the District has been unable to negotiate a settlement with the owners. This project is now tentatively scheduled to begin construction in Fiscal Year 2011. Motion by Mr. Visintainer, seconded by Mr. Berry that proposed Ord. No. 28-11 be introduced. Motion passed – 5 ayes, no nays Poll taken: E. Ross aye R. Berry aye J. Goffstein aye D. Visintainer aye J. Buford aye INTRODUCTION OF PROPOSED ORD. NO. 29-11 DECLARING THE NECESSITY FOR THE ACQUISITION OF EASEMENTS AND LICENSES IN CERTAIN REAL PROPERTY WITHIN THE METROPOLITAN ST. LOUIS SEWER DISTRICT FOR THE PURPOSE OF CONSTRUCTION OF SEWERS AND RELATED APPURTENANCES IN THE PROJECT KNOWN AS FOUNTAIN/ANTHONY LATERAL SANITARY RELIEF SKME–236 (2005059– 10118) TO SERVE THE NEEDS OF RESIDENTS OF THE AREA, AND AUTHORIZING THE ACQUISITION OF SAID EASEMENTS AND TEMPORARY EASEMENTS BY PURCHASE OR BY THE INSTITUTION OF CONDEMNATION PROCEEDINGS. Proposed Ord. No. 29-11 was presented and read. This ordinance authorizes the staff to enter into condemnation proceedings for permanent easements and temporary construction easements on four (4) parcels of ground located in the City of Florissant, Missouri. These permanent easements and temporary construction easements are needed to construct this project, which consists of approximately 9,340 feet of 8-inch to 30-inch diameter sanitary relief sewers to eliminate basement backups, remove a wet weather pump station, and the removal of five (5) bypasses. The easements have been appraised. Currently, the District has been unable to negotiate a settlement with the owners. This project is now tentatively scheduled to begin construction in Fiscal Year 2011. Motion by Mr. Berry, seconded by Mr. Ross that proposed Ord. No. 29-11 be introduced. Motion passed – 5 ayes, no nays Poll taken: E. Ross aye R. Berry aye J. Goffstein aye D. Visintainer aye J. Buford aye INTRODUCTION OF PROPOSED ORD. NO. 30-11 APPROPRIATING $850,000.00 FROM THE SANITARY REPLACEMENT FUND FOR ENGINEERING SERVICES FOR THE FINAL DESIGN OF WISE AND MABLE SEWER SEPARATION (10029) AND AUTHORIZING THE EXECUTIVE DIRECTOR AND SECRETARY-TREASURER ON BEHALF OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT TO ENTER IN CONTRACT 10439 WITH BURNS & MCDONNELL ENGINEERING CO. INC. FOR THE AFORESAID ENGINEERING SERVICES. Proposed Ord. No. 30-11 was presented and read. This ordinance authorizes the District to enter into Contract #10439, with Burns & McDonnell Engineering Co. Inc. for the design of a project in the CIRP. This project consists of the design and preparation of construction documents for approximately 9,300 lineal feet of 12-inch to 72-inch diameter storm sewers, 1,100 feet of 12-inch diameter combined sewers, and appurtenances. This project will provide for the elimination of private inflow sources from approximately 87 properties and alleviate flooding of streets, yards, and basements caused by surcharging combined sewers. The preliminary construction cost estimate is $3,880,000.00. Motion by Mr. Ross, seconded by Mr. Visintainer that proposed Ord. No. 30-11 be introduced. Motion passed – 4 ayes, no nays, 1 abstain Poll taken: E. Ross aye R. Berry abstain J. Goffstein aye D. Visintainer aye J. Buford aye INTRODUCTION AND ADOPTION OF PROPOSED ORD. NO. 31-11 APPROPRIATING $1,850,000.00 FROM THE SANITARY REPLACEMENT FUND TO BE USED FOR PROJECT COSTS FOR THE CONSTRUCTION OF SANITARY SEWERS IN UPPER SUGAR CREEK SANITARY RELIEF SECTION C PHASE II (10477), IN THE CITIES OF DES PERES AND KIRKWOOD, MISSOURI; AND AUTHORIZING THE EXECUTIVE DIRECTOR AND SECRETARY-TREASURER ON BEHALF OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT TO ENTER INTO A CONTRACT WITH METRO UTILITIES, LLC FOR THE AFORESAID CONSTRUCTION. Proposed Ord. No. 31-11 was presented and read. The work to be done under Contract #10421 consists of the construction of approximately 3,577 lineal feet of 8-inch to 10- inch diameter sanitary sewers and appurtenances. The purpose of this project is to remove two inadequate pump stations and one pump station emergency overflow. This project is scheduled to be completed in 165 days. Motion by Mr. Visintainer, seconded by Mr. Berry that proposed Ord. No. 31-11 be introduced. Motion made, seconded and unanimously adopted to suspend the rules to allow for adoption of Proposed Ord. No. 31-11. Motion made by Mr. Visintainer, seconded by Mr. Buford that proposed Ord. No. 31-11 be adopted. Motion passed – 5 ayes, no nays Poll taken: E. Ross aye J. Goffstein aye R. Berry aye J. Buford aye D. Visintainer aye The Chair declared proposed Ord. No. 31-11 adopted and it was assigned Ordinance No. 13134. INTRODUCTION AND ADOPTION OF PROPOSED ORD. NO. 32-11 AUTHORIZING THE EXECUTIVE DIRECTOR AND SECRETARY-TREASURER ON BEHALF OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT TO ENTER INTO A CONTRACT WITH KYNA IMAN, LLC FOR STATE LEGISLATIVE LOBBYING SERVICES, WHEREBY KYNA IMAN, LLC WILL PROVIDE STATE LEGISLATIVE LOBBYING SERVICES FOR THE DISTRICT. Proposed Ord. No. 32-11 was presented and read. This Ordinance allows the District to enter into a contract with Kyna Iman, LLC to provide State Legislative Lobbying services. The two (2) year contract contains one (1) additional one-year extension to be exercised at the District's discretion. This proposed action is suggested subsequent to the issuance of a Request for Qualifications (RFG) by the District. A total of three (3) firms submitted responses to the RFQ. Notice of the RFQ was mailed to past applicants and was published in area newspapers. The contract will pay an amount not to exceed $55,000.00 per year, including expenses approved by the District and appropriate for the service. Upon review, it was determined that Kyna Iman, LLC best fits the District's current needs. Kyna Iman, LLC will subcontract with Penman & Winton Consulting on an as-needed basis. Motion by Mr. Buford, seconded by Mr. Berry that proposed Ord. No. 32-11 be introduced. Motion made, seconded and unanimously adopted to suspend the rules to allow for adoption of Proposed Ord. No. 32-11. Motion made by Mr. Ross, seconded by Mr. Visintainer that proposed Ord. No. 32- 11 be adopted. Motion passed – 5 ayes, no nays Poll taken: E. Ross aye J. Goffstein aye R. Berry aye J. Buford aye D. Visintainer aye The Chair declared proposed Ord. No. 32-11 adopted and it was assigned Ordinance No. 13135. Resolutions ADOPTION OF RESOLUTION NO. 2927 WHEREAS THE DISTRICT WISHES TO DONATE FIVE (5) DECOMMISSIONED DESKTOP COMPUTERS THAT HAVE NO RESIDUAL VALUE TO THE “COMPUTER REFURBISHING” INITIATIVE SPONSORED BY ST. LOUIS UNIVERSITY SERVICE LEADERSHIP PROGRAM. Resolution No. 2927 was presented and read. ADOPTION OF RESOLUTION NO. 2928 WHEREAS ORDINANCE NO. 12936 ADOPTED AUGUST 13, 2009, AUTHORIZED THE EXECUTIVE DIRECTOR AND SECRETARY- TREASURER ON BEHALF OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT TO ENTER INTO A CONTRACT WITH MCGRIFF, SEIBELS, & WILLIAMS OF MISSOURI, INC. TO SERVE AS THE DISTRICT’S BROKER OF RECORD AND PROVIDE OTHER SERVICES FOR THE DISTRICT’S INSURANCE PROGRAM. Resolution No. 2928 was presented and read. ADOPTION OF RESOLUTION NO. 2929 WHEREAS ORDINANCE NO. 12492, ADOPTED AUGUST 9, 2007, AUTHORIZED THE EXECUTIVE DIRECTOR AND SECRETARY- TREASURER ON BEHALF OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT TO ENTER INTO A CONTRACT WITH SHOOK, HARDY & BACON, L.L.P. WHEREBY SHOOK, HARDY & BACON, L.L.P. WOULD PROVIDE LEGAL CONSULTING SERVICES IN THE AREA OF ENVIRONMENTAL LAW. Resolution No. 2929 was presented and read. ADOPTION OF RESOLUTION NO. 2930 TRANSFERRING FUNDS WITHIN THE GENERAL FUND FROM ORDINANCE NO. 12830 TO ORDINANCE NO. 12757 FOR THE ENTERPRISE SYSTEMS RETOOLING PHASE II. Resolution No. 2930 was presented and read. ADOPTION OF RESOLUTION NO. 2931 WHEREAS UNDER PROVISIONS OF ORDINANCE NO. 12010, SECTION TWO ADOPTED ON JUNE 9, 2005, THE LIST OF APPROVED DEPOSITARY BANKS MAY BE MODIFIED FROM TIME TO TIME BY RESOLUTION OF THE BOARD OF TRUSTEES OF THE DISTRICT. Resolution No. 2931 was presented and read. ADOPTION OF RESOLUTION NO. 2932 WHEREAS THE EXECUTIVE DIRECTOR OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT (THE DISTRICT) HAS RECOMMENDED TO THE BOARD OF TRUSTEES THAT A CERTAIN PORTION OF A PARCEL OF DISTRICT REAL PROPERTY KNOWN AND NUMBERED AS 3445 CREVE COEUR MILL ROAD, MARYLAND HEIGHTS, 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. 2932 was presented and read. ADOPTION OF RESOLUTION NO. 2924 EXPRESSING THE BOARD OF TRUSTEES’ APPRECIATION TO STEVE S. GENTRY FOR HIS 32 YEARS OF EXEMPLARY SERVICE TO THE METROPOLITAN ST. LOUIS SEWER DISTRICT FROM SEPTEMBER 26, 1977, TO HIS RETIREMENT EFFECTIVE SEPTEMBER 1, 2010. Resolution No. 2924 was presented and read. ADOPTION OF RESOLUTION NO. 2925 EXPRESSING THE BOARD OF TRUSTEES’ APPRECIATION TO GENE F. RHODES FOR HIS 14 YEARS OF EXEMPLARY SERVICE TO THE METROPOLITAN ST. LOUIS SEWER DISTRICT FROM FEBRUARY 5, 1996, TO HIS RETIREMENT EFFECTIVE SEPTEMBER 1, 2010. Resolution No. 2925 was presented and read. ADOPTION OF RESOLUTION NO. 2926 EXPRESSING THE BOARD OF TRUSTEES’ APPRECIATION TO JOHN L. WHITEHEAD FOR HIS 28 YEARS OF EXEMPLARY SERVICE TO THE METROPOLITAN ST. LOUIS SEWER DISTRICT FROM SEPTEMBER 21, 1981 TO HIS RETIREMENT EFFECTIVE SEPTEMBER 1, 2010. Resolution No. 2926 was presented and read. Motion made by Mr. Berry, seconded by Mr. Goffstein that Resolution Nos. 2924, 2925, 2926, 2927, 2928, 2929, 2930, 2931 and 2932 be adopted. Motion passed – voice vote; 5 ayes, no nays - - - - Upon motion made Mr. Berry, seconded by Mr. Visintainer, and unanimously passed, the meeting adjourned at 5:37 p.m. Secretary-Treasurer