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HomeMy Public PortalAbout1492nd Board Journal 10-14-2010 JOURNAL OF THE (1492nd) MEETING OF THE BOARD OF TRUSTEES THE METROPOLITAN ST. LOUIS SEWER DISTRICT October 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 (excused) R. T. Berry, Vice Chair R. E. Hayman, General Counsel J. H. Buford (excuse) K. J. Tyminski, Secretary-Treasurer G.T. Feldhaus (via phone) M. D. Vinson, Accounts Receivable Manager 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; Vicki LaRose, CDI; Jeff King, CDI; John Schilling, Black & Veatch; Mike Boerding; HBA; Gary Miller; Fred Roexer; Terry Endres, Bank of America; Will Krussel, PB; Don Willey, Laborers; Tim Tappendorf, CMT; Bill Clarke, Horner & Shifrin; Jon Omvig, AMEC; Curt Wheeling, LIUNA 110; Rob Kuenzel, RJN; Jeff Mues, Burns & McDonnell; Rebecca Losli, Losli Engineering; Jim Coll, Jacobs; Carey Brand, CH2M Hill; John Choinka, GBA; Mark Eshelman, M3 Engineering; Aaron Griesheimer; SITE; Carole Willis, MSD; Mike Gindler, MSD; Bob Breig, 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. Visintainer, that the Board go into closed session to discuss legal, confidential or privileged matters under §610.021(1), RSMO 1988 SUPP. Motion passed – 4 ayes, no nays Poll taken: E. Ross aye D. Visintainer aye R. Berry aye J. Goffstein aye During closed session the Board discussed confidential and privileged matters related to both the stormwater impervious rate case and also discussed confidential and privileged matters associated with the EPA case pursuant to §610.021(9), RSMO 1988 SUPP. No votes were taken. Motion made by Mr. Goffstein, seconded by Mr. Berry, to reconvene into open session. Motion passed – 4 ayes, no nays Poll taken: E. Ross aye D. Visintainer aye R. Berry aye J. Goffstein aye - - - - Upon motion made by Mr. Visintainer, seconded by Mr. Berry, the Journal of the September 16, 2010 meeting was approved by unanimous voice vote. - - - - The Board thanked Mr. Hayman for his years of service to the District and indicated that he would be missed. - - - - Mr. Berry reported that the October 7, 2010 at 7:30 a.m. The meeting was attended by Trustees Berry, Visintainer, and Ross. The minutes of the September 7, 2010 meeting were approved. The agenda items to be introduced tonight were presented and discussed, including a detailed discussion regarding the following items: Item 28 – Weaver Avenue Sanitary Relief – This appropriation seeks additional funding for utility relocation by Laclede Gas. The depth of the gas line and the need for the asbestos abatement required to abandon the existing gas line resulted in additional costs not in Laclede Gas’ original estimate. Item 29 – CSO – Parkridge – This appropriation seeks additional funding for this construction project. Approximately half of the $300,000 appropriation being requested is to pay for the costs of disturbing an existing sink hole system in Tilles Park. Repairs were performed to areas disturbed in the park and the system was scaled as needed to prevent further problems. The remainder of the $300,000 being requested is to complete the installation of green infrastructure at Mount Calvary Church to alleviate stormwater issues. This project was scheduled to be funded from the Deer Creek OMCI as a local match to a 319 Grant obtained by the Missouri Botanical Garden. Because work was being performed at this site as part of the CSO Parkridge project, the installation of green infrastructure was added to this project. Items 30 through 33 – These four design projects result in a total MWBE participation of 64%. The Committee questioned the staff on the detailed costs of some of these design contracts. Item 34 – Water Quality Sampling – This is a one-year contract with two option years. This contract is to perform sampling on six streams and at nine sites on the Missouri and Mississippi Rivers that the District cannot cost-effectively perform itself. The District regularly samples 34 local streams as part of its internal program. Items 35 and 36 – Stonell – Elise Drive and Woodleaf Court – Staff is requesting the ability to proceed to condemnation on these two projects. Staff will continue to negotiate with these property owners even if condemnation proceedings are started. Item 37 – Missouri River Treatment Plant – Last month, the Board adopted a resolution declaring a portion of property at the Missouri River Treatment Plant as surplus. Staff is now requesting that the Board approve the transfer of this property to the City of Maryland Heights for future roadway uses. Staff will assure that all zoning issues are resolved regarding the future construction of the Missouri River Treatment Plant Expansion before executing the transfer of this property. Item 39 – Creve Coeur Trunk – Staff is requesting the introduction and adoption of an ordinance to appropriate an additional $2 Million for this construction project. The construction contract identified the need for dewatering and the existence of poor soils in an area crossed by five water mains ranging in size from 36-inches to 72-inches. However, as dewatering and excavation started on the site, soil movement also became a concern. In order to assure the integrity of the five water mains in the area, staff plans on having the contractor perform consolidation grouting to allow tunneling under these water mains. All work will be performed as time and material. This work must be performed in a timely manner in order to provide an outfall for the MSD sewer being constructed by St. Louis County as part of its Page to Olive Connector project. The Committee questioned the staff extensively on the details of the work to be performed. The meeting was adjourned at 8:30 a.m. - - - - Mr. Visintainer reported that the Stakeholder Relations Committee met at the District’s Headquarters on September 23, 2010, at 7:30am. In attendance were Trustees Feldhaus, Visintainer and staff. First, was a discussion by Mr. LeComb regarding the renewal of the Customer Surveying contract by ETC Institute. ETC performs all of the District's Customer Service Surveys and has done so for about seven years. Their contract provides for two (2) one-year renewal options. Mr. LeComb is requesting a resolution be placed on the October Board agenda to exercise its option for the first one-year renewal. Motion was granted by Mr. Feldhaus and seconded by Mr. Visintainer and is Item No. 42 on tonight's agenda. Next on the agenda was a review by Mr. Theerman of proposed changes to the District's Charter Plan covering Articles 5, 6, & 7. This is an on-going discussion item until all Articles have been reviewed. At such time, a decision will be made as to how to proceed with the changes and if Board action is required. Finally, Mr. Theerman led a discussion regarding Board Rule changes. An update of certain language, references and designations has been recommended for Resolution No. 2494, which sets forth the governing rules of the Board of Trustees of the District. Motion was made by Mr. Visintainer, seconded by Mr. Feldhaus to place a resolution on the November Board agenda to adopt these changes. The meeting was adjourned at 8:25am. - - - - Mr. Ross reported that the Audit Committee met on October 12, 2010 at 7:30 a.m. In attendance were Trustees Ross, Buford, Feldhaus and Visintainer. Mr. Tyminski discussed the status of the Management Audit RFP process and introduced the representatives from the combined firms of Jefferson Wells and Raftelis Financial consulting. This is the organization that is being recommended to perform the 2010 Management Audit. Mr. Stannard of Raftelis and Mr. Wadella of Jefferson Wells discussed the proposed management audit approach and scope with the Committee. They noted that it will be a two-phase process with a redefinition of the audit scope after the survey phase. There was a consensus of the Committee to move forward with the proposed audit approach. A question was raised about better defining the minority firms to be used in the second phase of the audit. The audit team indicated that they would provide additional information. This contract is item 38 on tonight’s agenda. Mr. Steve Marr gave a presentation about the implementation of the Oracle security suite of programs. He indicated that the database security and data encryption efforts were virtually complete and the installation of the audit vault or continuous audit process was 30% complete and will be worked on over the next several months. Mr. James Schmersahl, Partner of the firm Schmersahl Trealor addressed the Committee on the status of the financial statement audits. He indicated that there are a few outstanding audit items to be completed and that financial statements should be available for the November Audit Committee meeting. The meeting adjourned at 8:17 a.m. - - - - Mr. Visintainer reported that the Finance Committee met on October 12, 2010. In attendance were Trustees Buford, Visintainer and Feldhaus. The committee approved the minutes from the September 14, 2010 meeting. Mr. Tyminski updated the Committee on the status of Trustee Pension & Investment continuing education and indicated that NEPC would be presenting educational topic at next Finance Committee in November. Mr. Tyminski reported to the Committee the status of the upcoming Bond Issues. He indicated that the Financing Team for the Build America Bonds is in Place and gathering the required information to update the Public Offering Statement used to sell the Bonds. The resolution memorializes the finance team to handle the issuance of approximately $52,000,000 of sewer system revenue bonds during FY2011. This is item #44 on tonight’s agenda. Mr. Tyminski then reported on the status of the Letter of Credit acceptance in place of cash for Escrow deposits. Mr. Tyminski outlined the proposed requirements of the Letter of Credit acceptance pending the approval of the Board’s approval of item #41 on the agenda. Mr. Tyminski reported that the District would be bringing the Bank of America renewal forward to the Board for approval. He indicated this contract with Bank of America is the option year of a two-year contract with Bank of America. Mr. Tyminski noted the District is pleased with the service provided by Bank of America the past two years and is recommending the renewal of this contract. Mr. Tyminski also indicated that there would be another Bank Resolution on the agenda, as the Federal Reserve had revised its list of Primary Dealers on September 1, 2010, is asking for approval of the updated list, and is item #46 on tonight’s agenda for approval. Ms. Zimmerman presented the Committee with the Budget Revisions for FY11 with the Impact of Stormwater revenue reduction on this revised Budget. Ms. Zimmerman indicated that the reinstated taxes would help make up part of the shortfall and elimination of Stormwater CIRP projects would eliminate the balance of the shortfall so that a balanced budget is presented. This will be item #40 on tonight’s agenda for introduction and adoption. Ms. Zimmerman gave her report on the current financial condition of the District. The significant change in the Comprehensive Reporting was Billed charges vs. Collected charges decreased to 89%. She indicated that results reflecting the impact of the current economy and that the implementation of the Collection Remediation Plan approved in the FY11 budget is designed to address this trend. Ms. Zimmerman indicated as part of the plan, a second placement collection agency and two additional collection law firms are in process of being added. Ms. Zimmerman 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. - - - - The Executive Director reported that In the spring of 2008, the District initiated an impervious charge for stormwater services. Subsequent to the initiation of these rates, MSD voluntarily rolled back all ad valorem taxes both district-wide and in taxing sub-districts. The result of these voluntary rollbacks was the assessment of zero on property since that time. In August of this year, the MSD Board of Trustees suspended the impervious charge as a result of a circuit court ruling, which, in effect, nullified the user fee. At the same meeting, the Trustees approved the re-instatement of voter approved user fees and began the process of re-introducing the taxes that existed prior to the impervious charge. These actions were taken with the understanding that the re-instated fees and taxes will be inadequate to provide complete storm water services and infrastructure maintenance in the region. At present, these re-instated fees and taxes are simply the only practical revenue sources available to the District for stormwater services. Staff first submitted a budget for fiscal year 2011 (the period covering July 1, 2010 through June 30, 2011) in May 2010. The Board subsequently adopted the submitted budget in June 2010. However, the circuit court ruling and the subsequent loss of impervious stormwater charge revenue required that staff submit a revised fiscal year 2011 budget to the Board. Item 40 on tonight’s agenda is a revised fiscal year 2011 budget that reflects the loss of impervious stormwater charge revenue, the reimplementation of voter approved fees and taxes, and the necessary budget revisions for MSD’s activities through the remainder of fiscal year 2011. Financial cuts have been made throughout the District by all departments. These cuts will result in the loss of $20,274,039 in funding versus the budget that was adopted in June 2010. Unfortunately, these cuts will entail corresponding cuts in stormwater service throughout MSD’s service area. I have approved an emergency declaration for the repair of a 10-inch sanitary sewer that has failed beneath Interstate 70 at the airport. While this sewer collapse does not represent an immediate danger to the integrity of the highway or the airport, it does require expeditious repair to maintain proper operations and to prevent an environmental and safety concerns. The district will contract with SAK Inc. to make the repair and restore the sewer to full function. Because this collapse has occurred in the past few days, we do not presently have a cost estimate. However, we will contract for the repair on a time and materials basis and will have District representatives monitoring the work to assure the costs are justified. I would now ask that Jon Sprague provide a brief report on the situation. Mr. Sprague, Director of Operations, with the assistance of a power point presentation, explained the details of an emergency repair of a 10-inch sewer line that crosses under Interstate 70 at the airport in the vicinity of the Drury Inn. He noted that this line has collapsed and is being replaced. He also emphasized that neither the airport nor the traffic on Interstate 70 will be significantly by this repair. After Mr. Sprague’s presentation, there was discussion with the Board members about the details of the sewer collapse. The Board should note that the condemnation ordinance for the Fountain/Anthony Lateral Sanitary Relief project is not on tonight’s consent agenda. Immediately after introduction of this ordinance at the September Board meeting, staff came to an agreement with the property owner and thus the ordinance was pulled from the consent agenda. Please note that the November Board Meeting will occur on Wednesday November 10th. The departure in the schedule is because the District is closed November 11th to observe the Veterans Day holiday. Lastly, the District’s General Counsel, Mr. Randy Hayman will be leaving to accept a position at another agency away from the St Louis area. He echoed the staff’s sentiment that Mr. Hayman will be dearly missed. He praised Mr. Hayman for his professionalism and character and wished him well. - - - - Mr. Tom Sullivan addressed the Board and also thanked Mr. Hayman for his service as General Counsel to the District. He also questioned the need for the amount of engineering and design contracts that are on this agenda. - - - - CONSENT AGENDA Mr. Berry requested that Proposed Ordinance Nos. 30-11be voted on separately. ADOPTION OF PROPOSED ORD. NO. 22-11 (ORDINANCE NO. 13136) 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. ADOPTION OF PROPOSED ORD. NO. 23-11 (ORDINANCE NO. 13137) 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. ADOPTION OF PROPOSED ORD. NO. 24-11 (ORDINANCE NO. 13138) 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. ADOPTION OF PROPOSED ORD. NO. 25-11 (ORDINANCE NO. 13139) 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. ADOPTION OF PROPOSED ORD. NO. 26-11 (ORDINANCE NO. 13140) 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. ADOPTION OF PROPOSED ORD. NO. 27-11 (ORDINANCE NO. 13141) 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. ADOPTION OF PROPOSED ORD. NO. 30-11 (ORDINANCE NO. 13143) 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. Plan Approval Ruth-Helen-Cecelia Outfall Sewer (10451) This project, located east of Ruth Avenue and south of Florence Avenue in the City of Brentwood, is to alleviate localized flooding of yards and streets due to inadequate capacity. This project is in the Fiscal Year 2011 Budget and the estimated construction cost is $1,534,000. Tealbrook Estates Storm Sewer (10226) This project, located south of Olive Boulevard and east of Lindbergh Boulevard in the City of Creve Coeur & Ladue, is to alleviate yard flooding and erosion due to inadequate or non-existent storm system. This project is in the Fiscal Year 2011 Budget and the estimated construction cost is $674,000. Temple Israel Creek Bank Stabilization (10180) This project, located east of Spoede Road and north of Ladue Road in the City of Creve Coeur, is to alleviate creek bank erosion. This project is in the Fiscal Year 2011 Budget and the estimated construction cost is $227,700. Brookings #10931 Channel Improvements (GCMB-260) (10207) This project, located south of Gravois Road and east of Lindbergh Boulevard in Unincorporated St. Louis County, is to alleviate creek bank erosion threatening structures. This project is in the Fiscal Year 2011 Budget and the estimated construction cost is $218,000. Innisfail #217 Storm Channel (10666) This project, located South of I-44 and east of Elm Avenue in the City of Webster Groves, is to replace a failing wall along a creek bank. This project is in the Fiscal Year 2011 Budget and the estimated construction cost is $70,000. Branford Drive #30 Storm Sewer (10538) This project, located north of Olive Boulevard and east of Warson Road in the City of Olivette, is to alleviate yard flooding and erosion. This project is in the Fiscal Year 2011 Budget and the estimated construction cost is $22,000. Howdershell Park Storm Improvements (10647) This project, located southeast of Howdershell Road and north of Interstate 270 in the City of Hazelwood, is to alleviate yard flooding at Howdershell Park. This project is in the Fiscal Year 2011 Budget and the estimated construction cost is $40,000. Motion made by Mr. Berry, seconded by Mr. Visintainer, that the Consent Agenda be adopted. Motion passed – 5 ayes, no nays Poll taken: R. Berry aye E. Ross aye D. Visintainer aye J. Goffstein aye G. Feldhaus aye ADOPTION OF PROPOSED ORD. NO. 28-11 (ORDINANCE NO. 13142) 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. Motion made by Mr. Visintainer, seconded by Mr. Ross, that proposed Ord. No. 28-11 be adopted. Motion passed – 4 ayes, no nays, 1 abstain Poll taken: E. Ross aye J. Goffstein aye R. Berry abstain D. Visintainer aye G. Feldhaus aye The Chair declared the Consent Agenda adopted and proposed Ord. Nos. 22-11, 23-11, 24-11, 25-11, 26-11, 27-11, 28-11 and 30-11 were assigned Ordinance Nos. 13136, 13137, 13138, 13139, 13140, 13141, 13142 and 13143. - - - - UNFINISHED BUSINESS Ordinances None Resolutions None - - - - NEW BUSINESS Ordinances INTRODUCTION OF PROPOSED ORD. 33-11 APPROPRIATING $260,000.00 FROM THE OPERATION, MAINTENANCE AND CONSTRUCTION IMPROVEMENT FUND OF UNIVERSITY CITY TO BE USED FOR PROJECT COSTS FOR THE CONSTRUCTION OF STORM SEWERS IN LIBERTY AVENUE STORM SEWER IMPROVEMENTS (10251), 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 CONSTRUCTION OF THE AFORESAID STORM SEWERS. Proposed Ord. No. 33-11 was presented and read. The work to be done under Contract #10445 consists of the construction of approximately 365 lineal feet of 5’ x 3’ box culvert, 46 lineal feet of 15-inch diameter pipe, and appurtenances. The purpose of this project is to alleviate frequent street and building flooding. This project is scheduled to be completed in 120 days. Motion made by Mr. Berry, seconded by Mr. Visintainer that proposed Ord. No. 33- 11 be introduced. Motion passed – 5 ayes, no nays Poll taken: G. Feldhaus aye R. Berry aye E. Ross aye D. Visintainer aye J. Goffstein aye INTRODUCTION OF PROPOSED ORD. NO. 34-11 APPROPRIATING $11,900,000.00 FROM THE SANITARY REPLACEMENT FUND TO BE USED FOR PROJECT COSTS FOR THE CONSTRUCTION OF SANITARY SEWERS IN THE LEMAY WWTP WET WEATHER EXPANSION OUTFALL SEWER (10683), 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 SAK CONSTRUCTION, LLC FOR THE CONSTRUCTION OF THE AFORESAID SANITARY SEWERS. Proposed Ord. No. 34-11 was presented and read. The work to be done under Contract #10446 consists of the construction of an outfall sewer from the Lemay WWTP. Construction includes 360 feet of tunnel; installation of 560 feet of 132-inch PCCP outfall sewer in new and existing tunnel; construction of approximately 330 lineal feet of 132-inch to 144-inch PCCP outfall sewer in open-cut; and approximately 320 lineal feet of 12-inch to 30-inch storm sewer and appurtenances. The purpose of this project is to provide an outfall for the treatment plant expansion. This project is scheduled to be completed in 365 days. Motion by Mr. Visintainer, seconded by Mr. Ross that proposed Ord. No. 34-11 be introduced. Motion passed – 5 ayes, no nays Poll taken: G. Feldhaus aye R. Berry aye E. Ross aye D. Visintainer aye J. Goffstein abstain INTRODUCTION OF PROPOSED ORD. NO. 35-11 APPROPRIATING $460,000.00 FROM THE OPERATION, MAINTENANCE AND CONSTRUCTION IMPROVEMENT FUND OF GRAVOIS CREEK TO BE USED FOR PROJECT COSTS FOR CREEKBANK STABILIZATION IN FIELDCREST AND FOURNIER CHANNEL IMPROVEMENTS (GCMB-130) (10234), 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 WEHMEYER FARMS, INC. FOR THE AFORESAID CONSTRUCTION. Proposed Ord. No. 35-11 was presented and read. The work to be done under Contract #10444 consists of the construction of approximately 378 square yards of bank biostabilization, 220 lineal feet of channel bed stabilization, removal and replacement of twin culverts under Fournier Drive and appurtenances. The purpose of this project is to alleviate flooding of yards and habitable structures. This project is scheduled to be completed in 120 days. Motion by Mr. Berry, seconded by Mr. Visintainer that proposed Ord. No. 35-11 be introduced. Motion passed – 5 ayes, no nays Poll taken: G. Feldhaus aye R. Berry aye E. Ross aye D. Visintainer aye J. Goffstein aye INTRODUCTION OF PROPOSED ORD. NO. 36-11 MAKING A SUPPLEMENTAL APPROPRIATION OF $44,000.00 FROM THE SANITARY REPLACEMENT FUND TO BE USED FOR CONSTRUCTION SERVICES TO COMPLETE WEAVER AVENUE SANITARY RELIEF SEWER (10076); AND AUTHORIZING THE EXECUTIVE DIRECTOR AND SECRETARY-TREASURER ON BEHALF OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT TO ENTER INTO AN AMENDMENT OF THE CONSTRUCTION CONTRACT WITH UNNERSTALL CONTRACTING CO., LTD. FOR THE AFORESAID CONSTRUCTION SERVICES. Proposed Ord. No. 36-11 was presented and read. The work to be done under this contract consists of the construction of approximately 2,323 lineal feet of storm sewers varying in size from 12-inches to 27-inches in diameter, 29” x 45” elliptical pipe, and appurtenances. The purpose of this project is to alleviate property loss and damage due to basement backups and overloaded combined sewers. This project is scheduled to be completed in 360 days. Motion by Mr. Ross seconded by Mr. Visintainer that proposed Ord. No. 36-11 be introduced. Motion passed – 5 ayes, no nays Poll taken: G. Feldhaus aye R. Berry aye E. Ross aye D. Visintainer aye J. Goffstein aye INTRODUCTION OF PROPOSED ORD. NO. 37-11 MAKING A SUPPLEMENTAL APPROPRIATION OF $300,000.00 FROM THE OPERATIONS, MAINTENANCE AND CONSTRUCTION IMPROVEMENT FUND OF DEER CREEK TO BE USED FOR CONSTRUCTION SERVICES TO COMPLETE CSO – PARKRIDGE ADDITION COMBINED SEWER SEPARATION AND RELIEF (10104); AND AUTHORIZING THE EXECUTIVE DIRECTOR AND SECRETARY-TREASURER ON BEHALF OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT TO ENTER INTO AN AMENDMENT OF THE CONSTRUCTION CONTRACT WITH BATES UTILITY COMPANY, INC. FOR THE AFORESAID CONSTRUCTION SERVICES. Proposed Ord. No. 37-11 was presented and read. The work to be done under this contract consists of the construction of approximately 5,000 lineal feet of pipe sewers varying in size from 8-inches to 48-inches in diameter and appurtenances. This also includes the removal of inflow sources at 123 residences in the City of Brentwood. This work includes disconnection/modification of downspouts, driveway drains, sump pumps, vented cleanouts, defective lateral and other stormwater connections to the separate sanitary sewer. The purpose of this project is to alleviate property loss and damage due to basement backups and overland flooding due to inadequate combined sewers and sinkholes. This project is scheduled to be completed in 490 days. Motion by Mr. Berry, seconded by Mr. Visintainer that proposed Ord. No. 37-11 be introduced. Motion passed – 5 ayes, no nays Poll taken: G. Feldhaus aye R. Berry aye E. Ross aye D. Visintainer aye J. Goffstein aye INTRODUCTION OF PROPOSED ORD. NO. 38-11 APPROPRIATING $154,000.00 FROM THE SANITARY REPLACEMENT FUND FOR ENGINEERING SERVICES FOR THE FINAL DESIGN OF DUCHESNE PARQUE NO. 1 PUMP STATION ELIMINATION (P-407) (10335) AND AUTHORIZING THE EXECUTIVE DIRECTOR AND SECRETARY–TREASURER ON BEHALF OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT TO ENTER IN CONTRACT 10531 WITH CMV-COCHRAN, LLC FOR THE AFORESAID ENGINEERING SERVICES. Proposed Ord. No. 38-11 was presented and read. This ordinance authorizes the District to enter into Contract #10531 with CMV – Cochran, LLC for the design of a project in the CIRP. This project consists of the design and preparation of construction documents for approximately 765 feet of 8-inch diameter sanitary sewers, pump station upgrades, elimination of a pump station, and appurtenances. This project will provide for the elimination of an inadequate pump station and upgrading a downstream pump station. The preliminary construction cost estimate is $531,000. Motion by Mr. Berry, seconded by Mr. Visintainer that proposed Ord. No. 38-11 be introduced. Motion passed – 5 ayes, no nays Poll taken: G. Feldhaus aye R. Berry aye E. Ross aye D. Visintainer aye J. Goffstein aye INTRODUCTION OF PROPOSED ORD. NO. 39-11 APPROPRIATING $869,000.00 FROM THE SANITARY REPLACEMENT FUND FOR ENGINEERING SERVICES FOR THE FINAL DESIGN OF GLENDALE SECTION D SANITARY RELIEF PHASE III (SKME-624) I/I REDUCTION (10458); AND AUTHORIZING THE EXECUTIVE DIRECTOR AND SECRETARY- TREASURER ON BEHALF OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT TO ENTER INTO CONTRACT 10532 WITH CIVIL DESIGN, INC. FOR THE AFORESAID ENGINEERING SERVICES. Proposed Ord. No. 39-11 was presented and read. This ordinance authorizes the District to enter into Contract #10532 with Civil Design, Inc. for the design of a project in the CIRP. This project consists of the design and preparation of construction documents for private I/I reduction and appurtenances. This project will provide for the elimination of private inflow sources from approximately 220 properties, one sanitary bypass, and alleviate basement backups for approximately 190 properties. The preliminary construction cost estimate is $2,000,000. Motion by Mr. Berry, seconded by Mr. Visintainer that proposed Ord. No. 39-11 be introduced. Motion passed – 5 ayes, no nays Poll taken: E. Ross aye R. Berry aye J. Goffstein aye D. Visintainer aye G. Feldhaus aye INTRODUCTION OF PROPOSED ORD. NO. 40-11 APPROPRIATING $610,000.00 FROM THE SANITARY REPLACEMENT FUND FOR ENGINEERING SERVICES FOR THE FINAL DESIGN OF NEW ENGLAND TOWN QUARRY PUMP STATION (P-307) (SKME-544) IMPROVEMENTS (10716) AND AUTHORIZING THE EXECUTIVE DIRECTOR AND SECRETARY-TREASURER ON BEHALF OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT TO ENTER INTO CONTRACT 10533 WITH AMEC EARTH & ENVIRONMENTAL, INC. FOR THE AFORESAID ENGINEERING SERVICES. Proposed Ord. No. 40-11 was presented and read. This ordinance authorizes the District to enter into Contract #10533 with AMEC Earth & Environmental, Inc. for the design of a project in the CIRP. This project consists of the design and preparation of construction documents for approximately 3,340 feet of 15-inch diameter sanitary sewers, elimination of a pump station, and appurtenances. The purpose of this project is to eliminate an existing pump station that is at the end of its useful life, will not be able to handle additional planned flows, and does not have a secondary electric source. The preliminary construction cost estimate is $5,000,000. Motion by Mr. Ross, seconded by Mr. Visintainer that proposed Ord. No. 40-11 be introduced. Motion passed – 4 ayes, 1 nay Poll taken: E. Ross aye R. Berry nay J. Goffstein aye D. Visintainer aye G. Feldhaus aye INTRODUCTION OF PROPOSED ORD. NO. 41-11 APPROPRIATING $405,000.00 FROM THE OPERATION, MAINTENANCE AND CONSTRUCTION IMPROVEMENT FUND OF BLACK CREEK FOR ENGINEERING SERVICES FOR THE FINAL DESIGN OF RIDGEMOOR DRIVE STORM IMPROVEMENTS AND I/I REDUCTION (SKME-574) (10390); AND AUTHORIZING THE EXECUTIVE DIRECTOR AND SECRETARY-TREASURER ON BEHALF OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT TO ENTER INTO CONTRACT 10535 WITH BERNARDIN, LOCHMUELLER AND ASSOCIATES, INC. FOR THE AFORESAID ENGINEERING SERVICES. Proposed Ord. No. 41-11 was presented and read. This ordinance authorizes the District to enter into Contract #10535 with Bernardin, Lochmueller and Associates, Inc. for the design of a project in the CIRP. This project consists of the design and preparation of construction documents for approximately 2,825 feet of 12-inch to 30-inch diameter storm sewers, 1,600 feet of 8-inch to 12-inch diameter sanitary sewers, and appurtenances. This project will provide for the elimination of private inflow sources from approximately 32 properties, and alleviate basement backups for approximately 8 properties. The preliminary construction cost estimate is $2,020,000. Motion by Mr. Ross, seconded by Mr. Visintainer that proposed Ord. No. 41-11 be introduced. Motion passed – 5 ayes, no nays Poll taken: E. Ross aye R. Berry aye J. Goffstein aye D. Visintainer aye G. Feldhaus aye INTRODUCTION OF PROPOSED ORD. NO. 42-11 APPROPRIATING $425,000.00 FROM THE SANITARY REPLACEMENT FUND OF THE DISTRICT TO CONTINUE THE OPERATION AND MAINTENANCE OF WATER QUALITY SAMPLING AND ANALYSIS IN STREAM FLOW WATER QUALITY SAMPLING (10768); AND AUTHORIZING THE EXECUTIVE DIRECTOR AND SECRETARY-TREASURER ON BEHALF OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT TO ENTER INTO CONTRACT 10534 WITH THE GEOSYNTEC FOR THE AFORESAID SERVICES. Proposed Ord. No. 42-11 was presented and read. The work to be done under Contract #10534 consists of performing water quality sampling and analysis on several streams and rivers within the District’s jurisdiction. The samples are analyzed for numerous pollutants to determine the water quality health of streams relative to MDNR water quality standards and the Clean Water Act. The District will use the analysis to determine what projects and/or best management practices are necessary to meet the required water quality standards. The water quality data will be used to monitor changes in water quality due to implementation of SSO, CSO and Phase II Storm Water projects. The contract will consist of the following components: · Sample six small streams twelve times for a total of 72 sampling events · Sample nine sites on the Missouri and Mississippi Rivers ten times for a total of 90 sampling events · Measure stream flow during sampling events · Perform laboratory analysis including nutrients, bacteria and other pollutants on all samples · Validate water quality data and submit within six weeks of sample collection, prepare monthly progress reports and issue an annual report within 2 months of final sampling event. A database will also be prepared for all past and future data at each sampling location · Prepare quarterly and annual water quality reports with statistical analysis and interpretation of data · Prepare up to six water quality data reports · Provide water quality regulatory support services Motion by Mr. Visintainer, seconded by Mr. Berry that proposed Ord. No. 42-11 be introduced. Motion passed – 5 ayes, no nays Poll taken: E. Ross aye J. Goffstein aye R. Berry aye G. Feldhaus aye D. Visintainer aye INTRODUCTION OF PROPOSED ORD. NO. 43-11 DECLARING THE NECESSITY FOR THE ACQUISITION OF A TEMPORARY CONSTRUCTION EASEMENT IN CERTAIN REAL PROPERTY WITHIN THE METROPOLITAN ST. LOUIS SEWER DISTRICT FOR THE PURPOSE OF CONSTRUCTION OF STORM SEWERS, STORM CHANNEL AND RELATED APPURTENANCES IN THE PROJECT KNOWN AS STONELL – ELISE DRIVE STORM PROJECT (GCMB-220) (10036) TO SERVE THE NEEDS OF RESIDENTS OF THE AREA, AND AUTHORIZING THE ACQUISITION OF SAID TEMPORARY CONSTRUCTION EASEMENT BY PURCHASE OR BY THE INSTITUTION OF CONDEMNATION PROCEEDINGS. Proposed Ord. No. 43-11 was presented and read. This ordinance authorizes staff to enter into condemnation proceedings for a temporary construction easement on one (1) parcel of ground located in Lakeshire (St. Louis County), Missouri. This temporary construction easement is needed to construct this project, which consists of approximately 1,625 feet of 12- inch to 48-inch diameter storm sewers and appurtenances to eliminate stormwater from entering basement stairwells which then enters sanitary sewers causing backups downstream. The temporary easement has 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. Visintainer that proposed Ord. No. 43-11 be introduced. Motion passed – 5 ayes, no nays Poll taken: E. Ross aye J. Goffstein aye R. Berry aye G. Feldhaus aye D. Visintainer aye INTRODUCTION OF PROPOSED ORD. NO. 44-11 DECLARING THE NECESSITY FOR THE ACQUISITION OF EASEMENTS AND TEMPORARY CONSTRUCTION EASEMENTS IN CERTAIN REAL PROPERTY WITHIN THE METROPOLITAN ST. LOUIS SEWER DISTRICT FOR THE PURPOSE OF CONSTRUCTION OF STORM SEWERS, STORM CHANNEL AND RELATED APPURTENANCES IN THE PROJECT KNOWN AS WOODLEAF COURT STORM SEWER IMPROVEMENTS (10151) TO SERVE THE NEEDS OF RESIDENTS OF THE AREA, AND AUTHORIZING THE ACQUISITION OF SAID EASEMENT AND TEMPORARY CONSTRUCTION EASEMENTS BY PURCHASE OR BY THE INSTITUTION OF CONDEMNATION PROCEEDINGS. Proposed Ord. No. 44-11 was presented and read. This ordinance authorizes staff to enter into condemnation proceedings for permanent easements and temporary construction easements on three (3) parcels of ground located in Kirkwood (St. Louis County), Missouri. These permanent easements and temporary construction easements are needed to construct this project, which consists of approximately 991 feet of 18-inch to 48-inch diameter storm sewers and appurtenances to eliminate yard, street and house flooding. 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. Visintainer that proposed Ord. No. 44-11 be introduced. Motion passed – 5 ayes, no nays Poll taken: E. Ross aye J. Goffstein aye R. Berry aye G. Feldhaus aye D. Visintainer aye INTRODUCTION OF PROPOSED ORD. NO. 45-11 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 MISSOURI RIVER TREATMENT PLANT AT 3445 CREVE COEUR MILL ROAD, MSD SITE # 22, (ST. LOUIS COUNTY LOCATOR NUMBER 12P-41-0021) TO THE CITY OF MARYLAND HEIGHTS. Proposed Ord. No. 45-11 was presented and read. This ordinance authorizes the Executive Director and Secretary-Treasurer to convey property to the City of Maryland Heights for a new road known as River Valley Parkway from our property at 3445 Creve Coeur Mill Road, MSD Site #22 (County Locator No. 12P-41-0021). This property is the location of the District’s Missouri River Treatment Plant. District staff has reviewed the City of Maryland Heights’ request and understands the need to grant this right-of-way. Motion by Mr. Berry, seconded by Mr. Ross that proposed Ord. No. 45-11 be introduced. Motion passed – 5 ayes, no nays Poll taken: E. Ross aye J. Goffstein aye R. Berry aye G. Feldhaus aye D. Visintainer aye INTRODUCTION OF PROPOSED ORD. NO. 46-11 AUTHORIZING THE EXECUTIVE DIRECTOR AND SECRETARY-TREASURER ON BEHALF OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT TO ENTER INTO A CONTRACT WITH JEFFERSON WELLS INTERNATIONAL FOR A MANAGEMENT AUDIT OF THE DISTRICT. Proposed Ord. No. 46-11 was presented and read. Section 7.06 of the Plan of the District requires that an independent audit be conducted of the District’s management at least every five years. The District’s last Management Audit was in 2005. A request for proposal was sent to 53 firms located throughout the United States and responses were received from 8 firms. The combined firm proposal received from Jefferson Wells International and Raftelis Financial Consultants proposed the lowest overall project cost of $196,000 and included a work plan that was commensurate with the other proposers. This group is found to possess more than the necessary experience and background required for this task. Motion by Mr. Visintainer, seconded by Mr. Ross that proposed Ord. No. 46-11 be introduced. Motion passed – 5 ayes, no nays Poll taken: E. Ross aye J. Goffstein aye R. Berry aye G. Feldhaus aye D. Visintainer aye INTRODUCTION AND ADOPTION OF PROPOSED ORD. NO. 47-11 MAKING A SUPPLEMENTAL APPROPRIATION OF $2,000,000.00 FROM THE SANITARY REPLACEMENT FUND TO BE USED FOR CONSTRUCTION SERVICES TO COMPLETE CREVE COEUR CREEK SANITARY TRUNK SEWER RELIEF PHASE I (10426); AND AUTHORIZING THE EXECUTIVE DIRECTOR AND SECRETARY-TREASURER ON BEHALF OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT TO ENTER INTO AN AMENDMENT OF THE CONSTRUCTION CONTRACT WITH MILLSTONE BANGERT, INC. FOR THE AFORESAID CONSTRUCTION SERVICES. Proposed Ord. No. 47-11 was presented and read. The work to be done under this contract consists of the construction of approximately 6,000 lineal feet of pipe sewers varying in size from 8-inches to 72-inches in diameter and appurtenances. This project will allow for the removal of two bypasses. Construction of all five phases will facilitate the future removal of 19 bypasses in the subsystem. This project is scheduled to be completed in 630 days. Motion by Mr. Berry, seconded by Mr. Visintainer that proposed Ord. No. 47-11 be introduced. Motion made, seconded and unanimously adopted to suspend the rules to allow for adoption of Proposed Ord. No. 47-11. Motion made by Mr. Visintainer, seconded by Mr. Ross that proposed Ord. No. 47- 11 be adopted. Motion passed – 5 ayes, no nays Poll taken: E. Ross aye J. Goffstein aye R. Berry aye G. Feldhaus aye D. Visintainer aye The Chair declared proposed Ord. No. 47-11 adopted and it was assigned Ordinance No. 13144. INTRODUCTION AND ADOPTION OF PROPOSED ORD. NO. 48-11 MAKING APPROPRIATIONS FOR CURRENT EXPENSES OF THE DISTRICT, IN THE GENERAL FUND, THE REAL PROPERTY IMPROVEMENTS & ALTERATIONS FUND, THE WATER BACKUP INSURANCE & REIMBURSEMENT FUND, THE EMERGENCY FUND, THE WASTEWATER REVENUE BOND SERVICE FUND FOR THE FISCAL YEAR BEGINNING JULY 1, 2010 AND ENDING JUNE 30, 2011, AMOUNTING IN THE AGGREGATE OF $197,551,447, TO PAY INTEREST FALLING DUE ON BONDS ISSUED, THE COSTS OF SUPPORT, OPERATION, AND MAINTENANCE OF THE DISTRICT AND ITS VARIOUS SUBDISTRICTS, AND EMERGENCIES. Proposed Ord. No. 48-11 was presented and read. This ordinance Amends the FY 2011 Budget Appropriation and reduces the appropriations authorized to expend funds during FY 2011 for the wastewater and stormwater operation of the District. Action needed to reflect the impact of the July 15, 2010 court decision declaring the District’s impervious based stormwater rate unconstitutional. Motion by Mr. Ross, seconded by Mr. Visintainer that proposed Ord. No. 48-11 be introduced. Motion made, seconded and unanimously adopted to suspend the rules to allow for adoption of Proposed Ord. No. 48-11. Motion made by Mr. Ross, seconded by Mr. Visintainer that proposed Ord. No. 48- 11 be adopted. Motion passed – 5 ayes, no nays Poll taken: E. Ross aye J. Goffstein aye R. Berry aye G. Feldhaus aye D. Visintainer aye The Chair declared proposed Ord. No. 48-11 adopted and it was assigned Ordinance No. 13145. Resolutions ADOPTION OF RESOLUTION NO. 2934 WHEREAS THE STAFF OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT HAS A PROPOSED AN AMENDMENT TO THE RULES AND REGULATIONS AND ENGINEERING DESIGN REQUIREMENTS FOR SANITARY SEWER AND STORMWATER DRAINAGE FACILITIES WHICH WILL ALLOW CONSTRUCTION ESCROWS IN THE FORM OF LETTERS OF CREDIT FOR ALL SEWER AND DRAINAGE FACILITIES PROJECTS WHICH ARE PERMITTED BY OR INTENDED TO BE DEDICATED TO THE METROPOLITAN ST. LOUIS SEWER DISTRICT FOR PUBLIC OPERATION AND MAINTENANCE. Resolution No. 2934 was presented and read. ADOPTION OF RESOLUTION NO. 2935 WHEREAS ORDINANCE NO. 12983, ADOPTED NOVEMBER 12, 2009, AUTHORIZED THE EXECUTIVE DIRECTOR AND SECRETARY- TREASURER ON BEHALF OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT TO ENTER INTO A CONTRACT WITH ETC INSTITUTE, WHEREBY ETC INSTITUTE WOULD PERFORM CUSTOMER SERVICE SURVEYING FOR THE DISTRICT. Resolution No. 2935 was presented and read. ADOPTION OF RESOLUTION NO. 2936 WHEREAS ORDINANCE NO. 12788, ADOPTED DECEMBER 11, 2008, AUTHORIZED THE DISTRICT TO ENTER INTO A SERIES OF CONTRACTS AND AGREEMENTS WITH BANK OF AMERICA N.A., WHEREBY BANK OF AMERICA WOULD PROVIDE BANKING AND SAFEKEEPING SERVICES FOR THE DISTRICT. Resolution No. 2936 was presented and read. ADOPTION OF RESOLUTION NO. 2937 WHEREAS THE DISTRICT SEEKS TO ESTABLISH A FINANCE TEAM TO BEGIN WORK ON A $52,000,000 BOND TRANSACTION BY THE END OF CALENDAR 2010. Resolution No. 2937 was presented and read. ADOPTION OF RESOLUTION NO. 2938 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. 2938 was presented and read. ADOPTION OF RESOLUTION NO. 2933 expressing the Board of Trustees’ appreciation to Kevin G. Smith for his 27 years of exemplary service to The Metropolitan St. Louis Sewer District from June 20, 1983, to his retirement effective October 1, 2010. Resolution No. 2933 was presented and read. Motion made by Mr. Ross, seconded by Mr. Visintainer that Resolution Nos. 2933, 2934, 2935, 2936, 2937 and 2938 be adopted. Motion passed – voice vote; 4 ayes, no nays - - - - Upon motion made Mr. Visintainer, seconded by Mr. Berry, and unanimously passed, the meeting adjourned at 5:41 p.m. Secretary-Treasurer