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HomeMy Public PortalAbout1494th Board Journal 11-10-2010 JOURNAL OF THE (1494th) MEETING OF THE BOARD OF TRUSTEES THE METROPOLITAN ST. LOUIS SEWER DISTRICT November 10, 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. E. Myers, Acting 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 Ed Sweet, Parsons; Vicki LaRose, CDI; Jeff King, CDI; James Schmersahl, Schmersahl-Treloar; Tom Ratzki, Black and Veatch; David Cavender, Horner & Shifrin; Maggie Speck-Kern, League of Women Voters; Jon Bergenthal, Jacobs; John Killups, Tetra Tech; Robert Bella, HDR; Tom Curran, St. Louis County; Sam Peterson, League of Women Voters; Victoria Walls, League of Women Voters; Sarah Turner, Gonzalez Companies; Pam Hobbs, Geotechnology; Rob Kuenzel, RJN; Jim Coll, Jacobs; Aaron Griesheimer; SITE; 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.; confidential or privileged communications with the District’s auditor, including auditor work products under §610.021(17). Motion passed – 6 ayes, no nays Poll taken: E. Ross aye D. Visintainer aye R. Berry aye J. Goffstein aye J. Buford aye G. Feldhaus 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(1), RSMO 1988 SUPP. The Board also met with its auditor to discuss privileged matters relayed to the audit work product pursuant to§610.021(17), RSMO 1988 No votes were taken. Motion made by Mr. Feldhaus, seconded by Mr. Ross, to reconvene into open session. Motion passed – 6 ayes, no nays Poll taken: E. Ross aye D. Visintainer aye R. Berry aye J. Goffstein aye J. Buford aye G. Feldhaus aye - - - - Upon motion made by Mr. Berry, seconded by Mr. Buford, the Journal of the October 14, 2010 and October 19, 2010 meetings were approved by unanimous voice vote. - - - - The Chair had no comments. - - - - Mr. Ross reported that the Audit Committee met on November 9, 2010 at 7:30 a.m. In attendance were Trustees Ross, Buford and Visintainer. The Committee received the audit report for the Enterprise-wide financial statements. Today, Mr. Jim Schmersahl from the CPA firm of Schmersahl Trealor is with us to present the financial statements to the Board. Mr. Jim Schmersahl of Schmersahl Treloar & Co. reported on the audit performed by his firm and Randall Associates. He reported that there were no difficulties in working with management and staff. The auditors performed tests of assets, liabilities, revenue and expenses. His firm rendered a clean opinion of the audit statements, and he stated that any adjustments proposed were made and no attempts were made to unduly influence the auditors. The audit was performed in textbook fashion. There are three management comments, which are as follows: 1) An opportunity to add a more robust accounting manager who has CPA designation in that role. It is an appropriate item for MSD to review. 2) The reason to do that is to look for a more robust accounting for revenue and expenses in wastewater and stormwater. It needs to be done for reporting to bond agencies and the such is important. To enhance communications between the engineering and accounting groups in order to review more thoroughly the engineer studies that is performed to validate to see if they should be capitalized. - - - - Mr. Buford reported that the Finance Committee met on November 9, 2010. In attendance were Trustees Buford, Visintainer and Ross. The minutes from the October 12, 2010 meeting were approved. Mrs. Myers, Acting General Counsel, recommended exercising the one-year renewal option of legal services contract for Kohn, Shands, Elbert, Gianoulakis & Giljum, LLP. The committee agreed with the recommendation and is item # 61 on tonight’s agenda. Mr. Theerman presented to a list of delegates to be reapproved to serve on the Rate Commission that will begin in February 2011. After a brief discussion, the committee unanimously agreed to bring item for Board approval. Mrs. Edwards provided the committee with a detailed package of annual employee benefits that consisted of health insurance cost reflecting no change in premiums, dental insurance that was increasing by 7.5% from the prior year and accidental death & dismemberment insurance reflecting a decrease in premium of 8.9%. The District’s EAP, Flexible Spending and the Long-Term Disability programs were all presented with no increase in costs as a result of rate guarantees for the renewal year. Mrs. Edwards also presented the proposed changes needed to modify the deferred compensation plan and pension plan for regulation changes. In addition, presented was the new Defined Contribution Pension Plan and Trust that will be effective January 1, 2011 for all new employees. It was unanimously agreed to bring these items to the Board for consideration. Mrs. Edwards recommended Securitas Security Services USA to provide the District’s armed security services, as their bid for services was significantly lower than other proposers for a three-year period. Mrs. Edwards brought forth the renewal of the District’s Combined Liability Insurance with Missouri Public Entity Risk Management Fund (MOPERM). The committee agreed to forward this for Board approval. Mr. Tyminski reported to the committee that the Series 2010C SRF Loan for the Missouri River Treatment Plant Expansion & Disinfection was moving forward and would authorize a $37,000,000 Direct Loan agreement with the State of Missouri to be repaid over 20 years at 30% of the municipal bond index rate. Mr. Tyminski also reported that the $52,000,000 Build America Bonds is being put on hold at this time. Mrs. Zimmerman updated the committee on the collection remediation plan approved in the FY11 Budget. The implementation of the plan is underway with its full rollout expected in February 2011. Ms. Zimmerman presented the monthly comprehensive review of the District’s financial condition. She indicated District’s current financial condition is considered solid. She noted the affect of the current economy continues to impact the trend in the collection of sewer service charges. Ms. Zimmerman emphasized, however, while the District continues to collect 94% of it billings, the number of days to collect an average bill has increased from 121 to 150 days over the last 3 months. Mrs. Zimmerman indicated the implementation of the Collection Remediation Plan approved in the FY11 budget is designed to address this trend. Mrs. Zimmerman continued her discussion and presented the September 2010 ARC report to the committee as required by ordinance and asked that the report be entered into the record. Mr. Dion Stevens, Consultant of NEPC, reported the 3rd Quarter Pension results. He indicated that the overall plan as of September 30, 2010 has $187.2 million in assets, which was an increase of $11.6 million over the quarter for an 8.5% return for the quarter and a 6.4% return year-to-date. Mr. Stevens indicated that the Target Asset Allocation and the plans actual asset allocation were in alignment. He highlighted the performance of the respective managers and their performance as compared to their individual benchmarks an indicated that the Plan is diversified even more with the addition of Loomis Credit Asset Fund and the Wellington Diversified Inflation Hedge. He also highlighted the 46.5% allocation to equities as compared to the median public funds allocation to equities of 53.5%. This has helped the performance in the down markets however; the reverse would be true in a rising market. Mr. Stevens indicated that the entire plan was performing very well given the market environment and that the portfolio was positioned well. - - - - Mr. Berry reported that the Program Management Committee met on November 2, 2010 at 7:30 a.m. The meeting was attended by trustees Berry, Visintainer, and Ross. The minutes of the October 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 31 – CSO Interceptor & Outfall – Staff noted that the designer for this construction project is also designing another project valued at $5.9 Million under their existing contract. Item 32 – Portis #3242 – This ordinance requests approval to offer voluntary buyouts to two property owners impacted by a surcharging combined sewer system. By purchasing the homes instead of constructing additional sewer, staff estimates a savings of $200,000 on this project. Item 53 – Emergency Repair #044 – Staff is requesting introduction and adoption of an ordinance to provide funding for an emergency contract to repair a failing sewer under Interstate 70 near the airport. This repair was described at the October Board Meeting by the Director of Operations. The appropriation being requested, $185,000.00, is significantly less than the $900,000 estimated last month. Staff reviewed the seven design contracts being introduced tonight. Staff responded to questions from the Committee regarding the District’s MWBE requirements for design contracts. Finally, a motion for approval for the Committee to go into closed session was made by Mr. Visintainer and seconded by Mr. Berry. Trustees Goffstein and Feldhaus joined the meeting by telephone. The Committee went into closed session at 8:05 a.m. to discuss legal, confidential or privileged matters under §610.021(1), RSMO 1988 Supp. The meeting was adjourned at 8:32 a.m. - - - - The Executive Director reported that the District is anticipating presenting a rate change proposal to our Rate Commission in February of 2011. In preparation for that proposal, the Rate Commission met this past Monday to conduct preparatory business that is necessary to facilitate their work next spring. Included in the meeting was an orientation session on the District, the processes used in rate change proposal review, procedural rules of the commission, the District’s conflict of interest policy and Sunshine law requirements. The Commission will start the process of putting into place the legal and technical consultants that will advise them in their rate review process. The District will issue requests for proposals for these services on behalf of the Commission before the end of the calendar year. As mentioned in the Finance Committee Report, Item 51 on tonight’s agenda is the appointment of rate commission member organizations to fill five expiring terms, which will end on January 31, 2011. The District has advertised as prescribed in the Charter on two separate occasions this past summer. In spite of these advertisements and additional attempts on the part of District staff to solicit additional interest, only the five organizations whose terms will expire have applied for appointment. These organizations are Cooperating School Districts, The League of Women Voters, St. Louis Council of Construction Consumers/Missouri Growth Association, The Human Development Corporation of Metropolitan St. Louis and Missouri Botanical Garden. All of these organizations with the exception of the Cooperating School Districts have served on the commission in reviewing rate proposals in the past and have displayed good attendance and participation. The Cooperating School Districts was appointed to serve a partially expired term and has not yet had the opportunity to participate in a rate case. It is the staff’s recommendation that the Board reappoint these organizations to the Rate Commission for terms from 2011 to 2017. Item 55 on tonight’s agenda is a resolution that updates the Board of Trustees Rules. This was discussed at the September 23rd Stakeholders Committee Meeting but was inadvertently left off the October Board Agenda. The changes to the Board rules includes adding appropriate sunshine law references, changing administrative requirements on the numbering and filing of ordinances and resolutions to take advantage of electronic recordkeeping, updating the methods of distribution of Board Meeting materials, adjusting the Board Committee descriptions to be reflective of the current practices, and amending gender references. - - - - The Public had no comments. - - - - CONSENT AGENDA Mr. Berry requested that Proposed Ordinance Nos. 40-11be voted on separately. ADOPTION OF PROPOSED ORD. NO. 33-11 (ORDINANCE NO. 13146) 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. ADOPTION OF PROPOSED ORD. NO. 34-11 (ORDINANCE NO. 13147) 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. ADOPTION OF PROPOSED ORD. NO. 35-11 (ORDINANCE NO. 13148) 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. ADOPTION OF PROPOSED ORD. NO. 36-11 (ORDINANCE NO. 13149) 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. ADOPTION OF PROPOSED ORD. NO. 37-11 (ORDINANCE NO. 13150) 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. ADOPTION OF PROPOSED ORD. NO. 38-11 (ORDINANCE NO. 13151) 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. ADOPTION OF PROPOSED ORD. NO. 39-11 (ORDINANCE NO. 13152) 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. ADOPTION OF PROPOSED ORD. NO. 41-11 (ORDINANCE NO. 13154) 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. ADOPTION OF PROPOSED ORD. NO. 42-11 (ORDINANCE NO. 13155) 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. ADOPTION OF PROPOSED ORD. NO. 43-11 (ORDINANCE NO. 13156) 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. ADOPTION OF PROPOSED ORD. NO. 44-11 (ORDINANCE NO. 13157) 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. ADOPTION OF PROPOSED ORD. NO. 45-11 (ORDINANCE NO. 13158) 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. ADOPTION OF PROPOSED ORD. NO. 46-11 (ORDINANCE NO. 13159) 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. Plan Approval Manchester Avenue Combined Sewer Relief - Phase II (10078 This project, located west of Macklind and north of Manchester Avenue in the City of St. Louis, is to alleviate basement backups and flooding due to overcharges combined sewers. This project is in the Fiscal Year 2011 Budget and the estimated construction cost is $3,123,000. Thunderbird and Cardinal Drive Storm Sewer (10774) This project, located north of Highway 67 and west of New Halls Ferry Road in the City of Florissant, is to relieve yard and structure flooding. This project is in the Fiscal Year 2011 Budget and the estimated construction cost is $79,000. Ferguson Branch Bank Stabilization (10278) This project, located north of Hereford Avenue and east of North Florissant Road in the City of Ferguson, is to alleviate creek bank and yard erosion. This project is in the Fiscal Year 2011 Budget and the estimated construction cost is $92,000. Missouri River WWTP Secondary Treatment Expansion and Disinfection Facilities (10710) This project, located South of Interstate 70 and West of Maryland Heights Expressway in the City of Maryland Heights, is to increase wet weather peak flow capacity and to meet more stringent MDNR discharge requirements for secondary treatment and disinfection. This project is in the Fiscal Year 2010 Budget and the estimated construction cost is $120,508,601. 28 Glendale Section D Sanitary Relief (SKME-624) (10162) This project, located west of Frederick Lane and east of Carol Ann Place in the City of Glendale, is to alleviate basement backups and overcharged sanitary sewers. This project is in the Fiscal Year 2011 Budget and the estimated construction cost is $804,000. Motion made by Mr. Buford, seconded by Mr. Visintainer, that the Consent Agenda be adopted. Motion passed – 6 ayes, no nays Poll taken: R. Berry aye E. Ross aye D. Visintainer aye J. Goffstein aye G. Feldhaus aye J. Buford aye ADOPTION OF PROPOSED ORD. NO. 40-11 (ORDINANCE NO. 13153) 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. Motion made by Mr. Buford, seconded by Mr. Visintainer, that proposed Ord. No. 40-11 be adopted. Motion passed – 6 ayes, 1 nay Poll taken: E. Ross aye J. Goffstein aye R. Berry nay D. Visintainer aye G. Feldhaus aye J. Buford aye The Chair declared the Consent Agenda adopted and proposed Ord. Nos. 33-11, 34-11, 35-11, 36-11, 37-11, 38-11, 39-11, 40-11, 41-11, 42-11, 43-11, 44-11, 45-11 and 46-11 were assigned Ordinance Nos. 13148, 13149, 13150, 13151, 13152, 13153, 13154, 13155, 13156, 13157, 13158 and 13159. - - - - UNFINISHED BUSINESS Ordinances None Resolutions None - - - - NEW BUSINESS Ordinances INTRODUCTION OF PROPOSED ORD. 49-11 APPROPRIATING $240,000.00 FROM THE OPERATION, MAINTENANCE AND CONSTRUCTION IMPROVEMENT FUND OF CREVE COEUR FRONTENAC TO BE USED FOR PROJECT COSTS FOR CREEK STABILIZATION IN TEMPLE ISRAEL CREEK BANK STABILIZATION (10180), IN THE CITY OF CREVE COEUR, 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 CREEK STABILIZATION CONSTRUCTION. Proposed Ord. No. 49-11 was presented and read. The work to be done under Contract #10442 consists of the construction of approximately 200 lineal feet of bank biostabilization, 55 lineal feet of channel bed stabilization and appurtenances. The purpose of this project is to alleviate creek bank erosion. This project is scheduled to be completed in 120 days. Motion made by Mr. Berry, seconded by Mr. Ross that proposed Ord. No. 49-11 be introduced. Motion passed – 6 ayes, no nays Poll taken: G. Feldhaus aye R. Berry aye E. Ross aye D. Visintainer aye J. Goffstein aye J. Buford aye INTRODUCTION OF PROPOSED ORD. NO. 50-11 APPROPRIATING $175,000.00 FROM THE OPERATION, MAINTENANCE AND CONSTRUCTION IMPROVEMENT FUND OF GRAVOIS CREEK TO BE USED FOR PROJECT COSTS FOR THE CONSTRUCTION OF STORM SEWERS IN BROOKINGS #10931 CHANNEL IMPROVEMENTS (GCMB-260) (10207), 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 HEARTLAND CONSTRUCTION & EXCAVATING FOR THE AFORESAID STORM SEWER CONSTRUCTION. Proposed Ord. No. 50-11 was presented and read. The work to be done under Contract #10448 consists of the construction of approximately 470 lineal feet of pipe sewers varying in size from 18-inches to 54-inches in diameter and appurtenances. The purpose of this project is to alleviate creek bank erosion threatening structures. This project is scheduled to be completed in 120 days. Motion by Mr. Berry, seconded by Mr. Feldhaus that proposed Ord. No. 50-11 be introduced. Motion passed – 6 ayes, no nays Poll taken: G. Feldhaus aye R. Berry aye E. Ross aye D. Visintainer aye J. Goffstein aye J. Buford aye INTRODUCTION OF PROPOSED ORD. NO. 51-11 APPROPRIATING $870,000.00 FROM THE SANITARY REPLACEMENT FUND TO BE USED FOR PROJECT COSTS FOR THE CONSTRUCTION OF COMBINED SEWERS IN CSO - INTERCEPTOR & OUTFALL MODIFICATIONS PHASE III (10190), IN ST. LOUIS 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 GERSHENSON CONST. CO., INC. FOR THE AFORESAID CONSTRUCTION. Proposed Ord. No. 51-11 was presented and read. The work to be done under Contract #10440 consists of the construction of riverbed blanket revetment with stones varying in size from 140 lbs. to 5,000 lbs. in weight at two sites. Construction at the Baden site will also consist of the removal of damaged end of the outfall. The purpose of this project is to address structural deterioration identified during periodic inspection of Flood Control Facilities and outfall structures by the Corps of Engineers. This project is scheduled to be completed in 754 days. Motion by Mr. Berry, seconded by Mr. Feldhaus that proposed Ord. No. 51-11 be introduced. Motion passed – 6 ayes, no nays Poll taken: G. Feldhaus aye R. Berry aye E. Ross aye D. Visintainer aye J. Goffstein aye J. Buford aye INTRODUCTION OF PROPOSED ORD. NO. 52-11 APPROPRIATING $500,000.00 FROM THE SANITARY REPLACEMENT FUND FOR THE ACQUISITION, DEMOLITION AND RELATED ACTIVITIES OF REAL PROPERTY FOR FLOOD MITIGATION PURPOSES AND FOR THE PORTIS #3242 COMBINED SEWER IMPROVEMENTS (10145) 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 ACQUIRE, DEMOLISH, AND PERFORM RELATED ACTIVITIES FOR REAL PROPERTY NECESSARY FOR THE ABOVE PROJECT. Proposed Ord. No. 52-11 was presented and read. The work to be done under Contract #10585 consists of a voluntary buyout/acquisition of two (2) properties in the 3000 block of Portis Avenue, in the City of St Louis, to allow the removal of improvements and relocate residents in this area that is prone to flooding due to inadequate drainage. The cost associated with relieving the drainage issues and the associated street flooding outweighed the estimated cost to remove all improvements and relocate the residents of the two properties. The effort will include the demolition of approximately two structures and securing the site. Since this is a voluntary buyout, owners will be given compensation for value of their property and the expenses related to the transaction, but will not be given additional compensation for replacement housing under the Code of Federal Regulations Uniform Relocations and Real Property Assistance Act (49CFR Part 24, amended). A real property acquisition consultant will perform all negotiations and management of the property acquisition from the first contact with the owners through the closing. The District will contract for the demolition, asbestos removal, and final restoration of site and structures under separate contracts through the Purchasing Division. All of these activities will be funded from this appropriation. Motion by Mr. Berry seconded by Mr. Ross that proposed Ord. No. 52-11 be introduced. Motion passed – 6 ayes, no nays Poll taken: G. Feldhaus aye R. Berry aye E. Ross aye D. Visintainer aye J. Goffstein aye J. Buford aye INTRODUCTION OF PROPOSED ORD. NO. 53-11 APPROPRIATING $30,000.00 FROM THE OPERATION, MAINTENANCE AND CONSTRUCTION IMPROVEMENT FUND OF UNIVERSITY CITY TO BE USED FOR PROJECT COSTS FOR CONSTRUCTION OF STORM SEWERS IN BRANFORD DRIVE #30 STORM SEWER (10538), IN THE CITY OF OLIVETTE, 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 OF STORM SEWERS. Proposed Ord. No. 53-11 was presented and read. The work to be done under Contract #10441 consists of the construction of two grade controls and rock lining at the end of a discharge pipe. The purpose of this project is to alleviate yard flooding and erosion. This project is scheduled to be completed in 60 days. Motion by Mr. Ross, seconded by Mr. Feldhaus that proposed Ord. No. 53-11 be introduced. Motion passed – 6 ayes, no nays Poll taken: G. Feldhaus aye R. Berry aye E. Ross aye D. Visintainer aye J. Goffstein aye J. Buford aye INTRODUCTION OF PROPOSED ORD. NO. 54-11 APPROPRIATING $48,000.00 FROM THE OPERATION, MAINTENANCE AND CONSTRUCTION IMPROVEMENT FUND OF LYNN HAVEN TO BE USED FOR PROJECT COSTS FOR THE CONSTRUCTION OF STORM SEWERS IN HOWDERSHELL PARK STORM IMPROVEMENTS (10647), IN THE CITY OF HAZELWOOD, MISSOURI; AND AUTHORIZING THE EXECUTIVE DIRECTOR AND SECRETARY-TREASURER ON BEHALF OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT TO ENTER INTO A CONTRACT WITH HEARTLAND CONSTRUCTION & EXCAVATING FOR THE AFORESAID STORM SEWER CONSTRUCTION. Proposed Ord. No. 54-11 was presented and read. The work to be done under Contract #10453 consists of the construction of a reinforced concrete junction chamber and appurtenances. The purpose of this project is to alleviate yard flooding at Howdershell Park. This project is scheduled to be completed in 60 days. Motion by Mr. Berry, seconded by Mr. Feldhaus that proposed Ord. No. 54-11 be introduced. Motion passed – 6 ayes, no nays Poll taken: G. Feldhaus aye R. Berry aye E. Ross aye D. Visintainer aye J. Goffstein aye J. Buford aye INTRODUCTION OF PROPOSED ORD. NO. 55-11 APPROPRIATING $69,000.00 FROM THE OPERATION, MAINTENANCE AND CONSTRUCTION IMPROVEMENT FUND OF SEMINARY BRANCH OF RIVER DES PERES TO BE USED FOR PROJECT COSTS FOR THE CONSTRUCTION OF STORM SEWERS IN INNISFAIL #217 STORM CHANNEL (10666), IN THE CITY OF WEBSTER GROVES, MISSOURI; AND AUTHORIZING THE EXECUTIVE DIRECTOR AND SECRETARY-TREASURER ON BEHALF OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT TO ENTER INTO A CONTRACT WITH IDEAL LANDSCAPE & EXCAVATING FOR THE AFORESAID STORM SEWER CONSTRUCTION. Proposed Ord. No. 55-11 was presented and read. The work to be done under Contract #10447 consists of the construction of approximately 112 lineal feet of modular block wall with rock toe protection and appurtenances. The purpose of this project is to replace a failing wall along a creek bank. This project is scheduled to be completed in 90 days. Motion by Mr. Berry, seconded by Mr. Feldhaus that proposed Ord. No. 55-11 be introduced. Motion passed – 6 ayes, no nays Poll taken: E. Ross aye R. Berry aye J. Goffstein aye D. Visintainer aye G. Feldhaus aye J. Buford aye INTRODUCTION OF PROPOSED ORD. NO. 56-11 APPROPRIATING $1,200,000.00 FROM THE OPERATION, MAINTENANCE AND CONSTRUCTION IMPROVEMENT FUND OF DEER CREEK TO BE USED FOR PROJECT COSTS FOR THE CONSTRUCTION OF STORM SEWERS IN RUTH-HELEN-CECELIA OUTFALL SEWER (10451), IN THE CITY OF BRENTWOOD, 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.M. MARSCHUETZ CONSTRUCTION FOR THE CONSTRUCTION OF THE AFORESAID STORM SEWERS. Proposed Ord. No. 56-11 was presented and read. The work to be done under Contract #10449 consists of the construction of approximately 1,327 lineal feet of pipe sewers varying in size from 12-inches to 60-inches in diameter and appurtenances. The purpose of this project is to alleviate localized flooding of yards and streets due to inadequate capacity. This project is scheduled to be completed in 280 days. Motion by Mr. Berry, seconded by Mr. Feldhaus that proposed Ord. No. 56-11 be introduced. Motion passed – 6 ayes, no nays Poll taken: E. Ross aye R. Berry aye J. Goffstein aye D. Visintainer aye G. Feldhaus aye J. Buford aye INTRODUCTION OF PROPOSED ORD. NO. 57-11 APPROPRIATING $385,000.00 FROM THE OPERATION, MAINTENANCE AND CONSTRUCTION IMPROVEMENT FUND OF DEER CREEK TO BE USED FOR PROJECT COSTS FOR THE CONSTRUCTION OF STORM SEWERS IN TEALBROOK ESTATES STORM SEWER (10226), IN THE CITIES OF CREVE COEUR AND LADUE, 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 STORM SEWER CONSTRUCTION. Proposed Ord. No. 57-11 was presented and read. The work to be done under Contract #10451 consists of the construction of approximately 1,916 lineal feet of pipe sewers varying in size from 12-inches to 27-inches in diameter and appurtenances. The purpose of this project is to alleviate yard flooding and erosion due to inadequate or non-existent storm systems. This project is scheduled to be completed in 450 days. Motion by Mr. Berry, seconded by Mr. Ross that proposed Ord. No. 57-11 be introduced. Motion passed – 6 ayes, no nays Poll taken: E. Ross aye R. Berry aye J. Goffstein aye D. Visintainer aye G. Feldhaus aye J. Buford aye INTRODUCTION OF PROPOSED ORD. NO. 58-11 APPROPRIATING $424,000.00 FROM THE SANITARY REPLACEMENT FUND FOR ENGINEERING SERVICES FOR THE FINAL DESIGN OF AYRES SANITARY RELIEF AND I/I REDUCTION (10523) AND AUTHORIZING THE EXECUTIVE DIRECTOR AND SECRETARY-TREASURER ON BEHALF OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT TO ENTER IN CONTRACT 10586 WITH COLE & ASSOCIATES, INC. FOR THE AFORESAID ENGINEERING SERVICES. Proposed Ord. No. 58-11 was presented and read. This ordinance authorizes the District to enter into Contract #10586 with Cole & Associates, Inc. for the design of a project in the CIRP. This project consists of the design and preparation of construction documents for approximately 3,510 feet of 8-inch to 12-inch diameter sanitary sewers, rehabilitating approximately 12,970 feet of 8-inch to 21-inch diameter sanitary sewers, private I/I reduction on approximately 63 properties, and appurtenances. This project will provide for the elimination of three sanitary bypasses, and alleviate basement backups for approximately 15 properties. The preliminary construction cost estimate is $3,170,000.00. Motion by Mr. Visintainer, seconded by Mr. Berry that proposed Ord. No. 58-11 be introduced. Motion passed – 6 ayes, no nays Poll taken: E. Ross aye J. Goffstein aye R. Berry aye G. Feldhaus aye D. Visintainer aye J. Buford aye INTRODUCTION OF PROPOSED ORD. NO. 59-11 appropriating $259,000.00 from the Sanitary Replacement Fund for engineering services for the final design of CC-17 Four Seasons Branch Sanitary Relief Phase II (10549) and authorizing the Executive Director and Secretary-Treasurer on behalf of The Metropolitan St. Louis Sewer District to enter in Contract 10587 with Pangea Engineering and Surveying LLC for the aforesaid engineering services. Proposed Ord. No. 59-11 was presented and read. This ordinance authorizes the District to enter into Contract #10587 with Pangea Engineering and Surveying LLC for the design of a project in the CIRP. This project consists of the design and preparation of construction documents for approximately 3,320 feet of 8-inch to 15-inch diameter sanitary sewers, and appurtenances. This project will provide for the elimination of one sanitary bypass and alleviate basement backups for approximately two properties. The preliminary construction cost estimate is $1,276,000.00. Motion by Mr. Buford, seconded by Mr. Feldhaus that proposed Ord. No. 59-11 be introduced. Motion passed – 6 ayes, no nays Poll taken: E. Ross aye J. Goffstein aye R. Berry aye G. Feldhaus aye D. Visintainer aye J. Buford aye INTRODUCTION OF PROPOSED ORD. NO. 60-11 APPROPRIATING $421,000.00 FROM THE SANITARY REPLACEMENT FUND FOR ENGINEERING SERVICES FOR THE FINAL DESIGN OF CREVE COEUR CREEK WATERSHED SANITARY SEWER REHABILITATION (10568) AND AUTHORIZING THE EXECUTIVE DIRECTOR AND SECRETARY-TREASURER ON BEHALF OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT TO ENTER IN CONTRACT 10588 WITH HOWARD R. GREEN COMPANY FOR THE AFORESAID ENGINEERING SERVICES. Proposed Ord. No. 60-11 was presented and read. This ordinance authorizes the District to enter into Contract #10588 with Howard R. Green Company for the design of a project in the CIRP. This project consists of the design and preparation of construction documents to rehabilitate approximately 57,220 feet of 8-inch to 12-inch diameter sanitary sewers, 1,980 feet of 12-inch to 24-inch storm sewers, 235 manholes, approximately 676 service connections, private I/I reduction on approximately 150 properties, design of approximately 405 feet of 8-inch diameter sanitary sewers, and appurtenances. This project will provide for the elimination of one sanitary bypass, and alleviate basement backups for approximately 52 properties. The preliminary construction cost estimate is $4,610,000.00. Motion by Mr. Visintainer, seconded by Mr. Buford that proposed Ord. No. 60-11 be introduced. Motion passed – 6 ayes, no nays Poll taken: E. Ross aye J. Goffstein aye R. Berry aye G. Feldhaus aye D. Visintainer aye J. Buford aye INTRODUCTION OF PROPOSED ORD. NO. 61-11 APPROPRIATING $374,000.00 FROM THE SANITARY REPLACEMENT FUND FOR ENGINEERING SERVICES FOR THE FINAL DESIGN OF FEE FEE TRUNK SEWER (SKME-002) REHABILITATION AND I/I REDUCTION (10597) AND AUTHORIZING THE EXECUTIVE DIRECTOR AND SECRETARY-TREASURER ON BEHALF OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT TO ENTER IN CONTRACT 10589 WITH VANCE ENGINEERING, INC. FOR THE AFORESAID ENGINEERING SERVICES. Proposed Ord. No. 61-11 was presented and read. This ordinance authorizes the District to enter into Contract #10589 with Vance Engineering, Inc. for the design of a project in the CIRP. This project consists of the design and preparation of construction documents to rehabilitate approximately 50,220 feet of 8-inch to 18-inch diameter sanitary sewers, 1,760 feet of 12-inch to 48-inch storm sewers, 85 manholes, 9 point repairs, approximately 450 service connections, private I/I reduction on approximately 240 properties, and appurtenances. This project will provide for the elimination of two sanitary bypasses, and alleviate basement backups for approximately six properties. The preliminary construction cost estimate is $3,641,000.00. Motion by Mr. Feldhaus, seconded by Mr. Visintainer that proposed Ord. No. 61- 11 be introduced. Motion passed – 6 ayes, no nays Poll taken: E. Ross aye J. Goffstein aye R. Berry aye G. Feldhaus aye D. Visintainer aye J. Buford aye INTRODUCTION OF PROPOSED ORD. NO. 62-11 APPROPRIATING $178,000.00 FROM THE SANITARY REPLACEMENT FUND FOR ENGINEERING SERVICES FOR THE FINAL DESIGN OF HERMITAGE I/I REDUCTION (SKME-615) (10645) AND AUTHORIZING THE EXECUTIVE DIRECTOR AND SECRETARY-TREASURER ON BEHALF OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT TO ENTER IN CONTRACT 10590 WITH OATES ASSOCIATES, INC. FOR THE AFORESAID ENGINEERING SERVICES. Proposed Ord. No. 62-11 was presented and read. This ordinance authorizes the District to enter into Contract #10590 with Oates Associates, Inc. for the design of a project in the CIRP. This project consists of the design and preparation of construction documents for the rehabilitation of approximately 16,300 feet of 8-inch to 12-inch diameter sanitary sewers, approximately 900 feet of 8-inch to 36-inch diameter storm sewers, and appurtenances. This project will provide for the elimination of private inflow sources from approximately 50 properties. This project will reduce flow to four bypasses and provide for the future elimination of these SSOs. Flow monitoring will be required after construction is completed to determine if the SSOs can be removed. The preliminary construction cost estimate is $1,789,000. Motion by Mr. Visintainer, seconded by Mr. Feldhaus that proposed Ord. No. 62- 11 be introduced. Motion passed – 6 ayes, no nays Poll taken: E. Ross aye J. Goffstein aye R. Berry aye G. Feldhaus aye D. Visintainer aye J. Buford aye INTRODUCTION OF PROPOSED ORD. NO. 63-11 APPROPRIATING $320,000.00 FROM THE SANITARY REPLACEMENT FUND FOR ENGINEERING SERVICES FOR THE FINAL DESIGN OF NEW ENGLAND TOWN CLIFF CAVE PUMP STATION (P-323) IMPROVEMENTS (10715) AND AUTHORIZING THE EXECUTIVE DIRECTOR AND SECRETARY-TREASURER ON BEHALF OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT TO ENTER IN CONTRACT 10591 WITH THE STERLING COMPANY FOR THE AFORESAID ENGINEERING SERVICES. Proposed Ord. No. 63-11 was presented and read. This ordinance authorizes the District to enter into Contract #10591 with The Sterling Company for the design of a project in the CIRP. This project consists of the design and preparation of construction documents for approximately 3,845 feet of 8-inch to 12-inch diameter sanitary sewers and appurtenances. This project will provide for the elimination of one pump station and alleviate basement backups for approximately 49 properties. The preliminary construction cost estimate is $1,907,000.00. Motion by Mr. Berry, seconded by Mr. Feldhaus that proposed Ord. No. 63-11 be introduced. Motion passed – 6 ayes, no nays Poll taken: E. Ross aye J. Goffstein aye R. Berry aye G. Feldhaus aye D. Visintainer aye J. Buford aye INTRODUCTION OF PROPOSED ORD. NO. 64-11 APPROPRIATING $330,000.00 FROM THE SANITARY REPLACEMENT FUND FOR ENGINEERING SERVICES FOR THE FINAL DESIGN OF UPPER JESKE PARK LATERAL SANITARY RELIEF (SKME-314) (10781) AND AUTHORIZING THE EXECUTIVE DIRECTOR AND SECRETARY-TREASURER ON BEHALF OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT TO ENTER IN CONTRACT 10592 WITH ACCESS ENGINEERING, LLC FOR THE AFORESAID ENGINEERING SERVICES. Proposed Ord. No. 64-11 was presented and read. This ordinance authorizes the District to enter into Contract #10592 with Access Engineering, LLC for the design of a project in the CIRP. This project consists of the design and preparation of construction documents for approximately 2,600 feet of 15-inch diameter sanitary sewers, the rehabilitation of approximately 18,800 feet of sewers and 91 manholes, and appurtenances. This project will provide for the elimination of private inflow sources from approximately 16 properties, one sanitary overflow, and alleviate basement backups for approximately 22 properties. The preliminary construction cost estimate is $3,197,000.00. Motion by Mr. Berry, seconded by Mr. Feldhaus that proposed Ord. No. 64-11 be introduced. Motion passed – 6 ayes, no nays Poll taken: E. Ross aye J. Goffstein aye R. Berry aye G. Feldhaus aye D. Visintainer aye J. Buford aye INTRODUCTION OF PROPOSED ORD. NO. 65-11 AUTHORIZING THE EXECUTIVE DIRECTOR AND SECRETARY-TREASURER ON BEHALF OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT TO ENTER INTO A CONTRACT WITH SECURITAS SECURITY SERVICES USA WHEREBY SECURITAS SECURITY SERVICES USA WILL PROVIDE SECURITY FOR THE DISTRICT'S HEADQUARTERS BUILDING, DISTRICT EMPLOYEES AND THROUGHOUT THE DISTRICT AS NEEDED. Proposed Ord. No. 65-11 was presented and read. An RFP was sent to twenty- five companies and advertised in local newspapers. The District received four responses. After reviewing the proposals the RFP committee recommends Securitas Security Services USA, Inc to provide security guard services. This ordinance will authorize the District to enter into a contract with Securitas Security Services USA, Inc from January 1, 2011 to December 31, 2011. The contract provides for an initial term of one (1) year with two (2) additional one-year renewal terms at the option of the District. Motion by Mr. Visintainer, seconded by Mr. Feldhaus that proposed Ord. No. 65- 11 be introduced. Motion passed – 6 ayes, no nays Poll taken: E. Ross aye J. Goffstein aye R. Berry aye G. Feldhaus aye D. Visintainer aye J. Buford aye INTRODUCTION OF PROPOSED ORD. NO. 66-11 AWARDING A CONTRACT TO MISSOURI PUBLIC ENTITY RISK MANAGEMENT FUND (MOPERM) (MCGRIFF, SEIBELS & WILLIAMS OF MISSOURI, INC., AGENT) FOR THE DISTRICT’S COMBINED LIABILITY INSURANCE COVERAGE FROM JANUARY 1, 2011 TO DECEMBER 31, 2011. Proposed Ord. No. 66-11 was presented and read. This insurance provides coverage for liability claims, errors & omissions, employment claims and defense costs. This ordinance will authorize the District to enter into a contract with MOPERM from January 1, 2011 to December 31, 2011. The policy provides $2,000,000 of coverage above a $100,000 deductible. MOPERM is issued on a calendar year basis and will be renewed for one year on 1/1/2011 at an estimated annual premium of $180,342. MOPERM will not have a final premium until December 1. Motion by Mr. Visintainer, seconded by Mr. Feldhaus that proposed Ord. No. 66- 11 be introduced. Motion passed – 6 ayes, no nays Poll taken: E. Ross aye J. Goffstein aye R. Berry aye G. Feldhaus aye D. Visintainer aye J. Buford aye INTRODUCTION OF PROPOSED ORD. NO. 67-11 AUTHORIZING THE EXECUTIVE DIRECTOR AND SECRETARY-TREASURER ON BEHALF OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT TO ENTER INTO A CONTRACT WITH METLIFE LIFE INSURANCE CORP. FOR THE DISTRICT’S EMPLOYEE GROUP LIFE AND ACCIDENTAL DEATH & DISMEMBERMENT INSURANCE. Proposed Ord. No. 67-11 was presented and read. During the renewal process for the new plan year commencing February 1, 2011, the Executive Committee reviewed information requested by Gallagher Benefits Services, Inc. from nine (9) life insurance carriers. Based on the information that was received, the recommendations of Gallagher Benefits Services, Inc. and the financial advantages of various options, the Committee elected to transfer the coverage to MetLife Life Insurance Company, effective 2/1/11. Motion by Mr. Visintainer, seconded by Mr. Ross that proposed Ord. No. 67-11 be introduced. Motion passed – 6 ayes, no nays Poll taken: E. Ross aye J. Goffstein aye R. Berry aye G. Feldhaus aye D. Visintainer aye J. Buford aye INTRODUCTION OF PROPOSED ORD. NO. 68-11 REPEALING ORDINANCE NO. 12452, ADOPTED JUNE 14, 2007, AND ENACTING A NEW ORDINANCE IN LIEU THEREOF ON THE SAME SUBJECT, ESTABLISHING AN AMENDED AND RESTATED DEFERRED COMPENSATION PLAN AND TRUST FOR EMPLOYEES OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT. Proposed Ord. No. 68-11 was presented and read. This ordinance modifies the District's Deferred Compensation Plan to incorporate provisions of the new Defined Contribution Plan and to add the new IRS regulations of Pension Protection Act of 2006, Worker, Retiree and Employer Recovery Act of 2008, and the Heroes Earnings Assistance and Relief Act of 2008. Motion by Mr. Visintainer, seconded by Mr. Ross that proposed Ord. No. 68-11 be introduced. Motion passed – 6 ayes, no nays Poll taken: E. Ross aye J. Goffstein aye R. Berry aye G. Feldhaus aye D. Visintainer aye J. Buford aye INTRODUCTION OF PROPOSED ORD. NO. 69-11 ESTABLISHING A DEFINED CONTRIBUTION PLAN AND TRUST FOR CERTAIN EMPLOYEES OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT. Proposed Ord. No. 69-11 was presented and read. This ordinance creates a Defined Contribution Plan and Trust for all employees hired on or after January 1, 2011 and for certain employees having less than ten (10) years of service as of December 31, 2010 who voluntarily elect to participate. Motion by Mr. Visintainer, seconded by Mr. Ross that proposed Ord. No. 69-11 be introduced. Motion passed – 6 ayes, no nays Poll taken: E. Ross aye J. Goffstein aye R. Berry aye G. Feldhaus aye D. Visintainer aye J. Buford aye INTRODUCTION OF PROPOSED ORD. NO. 70-11 REPEALING ORDINANCE NO. 12818, AS ADOPTED FEBRUARY 12, 2009, AND ENACTING A NEW ORDINANCE IN LIEU THEREOF ESTABLISHING A RETIREMENT SYSTEM TO PROVIDE FOR THE PENSIONING AND OTHER WELFARE BENEFITS FOR EMPLOYEES OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT, AND THE SPOUSES AND MINOR CHILDREN OF DECEASED EMPLOYEES, AND PROVIDING FOR THE PAYMENT OF PUBLIC FUNDS FOR SUCH PURPOSE IN PURSUANCE OF THE MISSOURI CONSTITUTION 1945 AS AMENDED, AND THE MISSOURI STATUTE ENACTED AUTHORIZING SAID PENSION PLAN, AND THE PLAN OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT. Proposed Ord. No. 70-11 was presented and read. This ordinance modifies the Plan to define eligibility to distinguish from eligibility in the Defined Contribution Plan and Trust and to incorporate new IRS regulations in the Pension Protection Act of 2006, Worker, Retiree and Employer Recovery Act of 2008, and Heroes Earnings Assistance and Relief Act of 2008. Motion by Mr. Visintainer, seconded by Mr. Ross that proposed Ord. No. 70-11 be introduced. Motion passed – 6 ayes, no nays Poll taken: E. Ross aye J. Goffstein aye R. Berry aye G. Feldhaus aye D. Visintainer aye J. Buford aye INTRODUCTION OF PROPOSED ORD. NO. 71-11 REPEALING ORDINANCE NO. 12895, AS ADOPTED JUNE 11, 2009, AND ENACTING A NEW ORDINANCE IN LIEU THEREOF, IDENTIFYING AND DESIGNATING THE RATE COMMISSION REPRESENTATIVE ORGANIZATIONS TO SERVE ON THE RATE COMMISSION OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT. Proposed Ord. No. 71-11 was presented and read. This ordinance identifies the Rate Commission Organizations. Motion by Mr. Buford, seconded by Mr. Goffstein that proposed Ord. No. 71-11 be introduced. Motion passed – 6 ayes, no nays Poll taken: E. Ross aye J. Goffstein aye R. Berry aye G. Feldhaus aye D. Visintainer aye J. Buford aye INTRODUCTION OF PROPOSED ORD. NO. 72-11 AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $37,000,000 PRINCIPAL AMOUNT OF SUBORDINATE WASTEWATER SYSTEM REVENUE BONDS (STATE OF MISSOURI – DIRECT LOAN PROGRAM) SERIES 2010C OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT, FOR THE PURPOSE OF IMPROVING, RENOVATING, REPAIRING, REPLACING AND EQUIPPING THE DISTRICT’S WASTEWATER SYSTEM; PRESCRIBING THE FORM AND DETAILS OF THE BONDS AND THE AGREEMENTS MADE BY THE DISTRICT TO FACILITATE AND PROTECT THEIR PAYMENT; AND PRESCRIBING OTHER RELATED MATTERS. Proposed Ord. No. 72-11 was presented and read. This ordinance authorizing a direct loan agreement with the State of Missouri with a serial 20 year repayment and a loan value of $37,000,000 This loan will carry a fixed interest rate of 30% of the 25 municipal bond index at time of closing and will be used for the construction of specific projects at the Lemay Wet Weather Expansion and for the Missouri River Treatment Plant Expansion and Disinfection project construction phase. Motion by Mr. Berry, seconded by Mr. Feldhaus that proposed Ord. No. 72-11 be introduced. Motion passed – 6 ayes, no nays Poll taken: E. Ross aye J. Goffstein aye R. Berry aye G. Feldhaus aye D. Visintainer aye J. Buford aye INTRODUCTION AND ADOPTION OF PROPOSED ORD. NO. 73-11 APPROPRIATING $185,000.00 FROM THE EMERGENCY FUND FOR EMERGENCY SEWER REPAIRS IN EMERGENCY REPAIR #044 – LAMBERT AIRPORT & I-70 SANITARY SEWER (11064) 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 CONTRACT 10593 WITH SAK CONSTRUCTION, LLC FOR THE AFORESAID EMERGENCY REPAIRS. Proposed Ord. No. 73-11 was presented and read. The work to be done under the emergency contract, Contract #10593, consists of the repair of approximately 328 lineal feet of 10-inch sanitary sewer under Interstate 70. The repair is needed to expeditiously restore the sewer to service, prevent pollution to Coldwater Creek in unincorporated St. Louis County, and prevent future highway and property damage. District staff declared this project an emergency on October 13, 2010. The contractor, SAK Construction, LLC, has been selected per MSD Emergency Declaration Policy. The repair has started and is expected to be complete before December 31, 2010. District staff has taken appropriate measures to assure the environment is protected and any leaking hazardous waste is captured and properly disposed. Motion by Mr. Feldhaus, seconded by Mr. Ross that proposed Ord. No. 73-11 be introduced. Motion made, seconded and unanimously adopted to suspend the rules to allow for adoption of Proposed Ord. No. 73-11. Motion made by Mr. Berry, seconded by Mr. Buford that proposed Ord. No. 73-11 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 The Chair declared proposed Ord. No. 73-11 adopted and it was assigned Ordinance No. 13160. Resolutions ADOPTION OF RESOLUTION NO. 2940 WHEREAS THE METROPOLITAN ST. LOUIS SEWER DISTRICT HAS BEEN AND WILL BE FILING PERIODICALLY WITH THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY AND THE MISSOURI DEPARTMENT OF NATURAL RESOURCES APPLICATIONS FOR GRANTS AND LOANS TO AID IN THE CONSTRUCTION OF PROJECTS TO ABATE WATER POLLUTION WITHIN THE DISTRICT’S AREA OF JURISDICTION AND RESPONSIBILITY. Resolution No. 2940 was presented and read. ADOPTION OF RESOLUTION NO. 2941 WHEREAS THE PRESENT RULES OF THE BOARD OF TRUSTEES GOVERNING ITS PROCEDURES WERE ADOPTED BY ORDER OF THE BOARD ON MAY 10, 2001 AND ARE SET FORTH IN RESOLUTION NO. 2404. Resolution No. 2941 was presented and read. ADOPTION OF RESOLUTION NO. 2942 WHEREAS ORDINANCE NO. 12807, ADOPTED JANUARY 8, 2009, AUTHORIZED THE EXECUTIVE DIRECTOR AND SECRETARY- TREASURER ON BEHALF OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT TO ENTER INTO A CONTRACT WITH LIBERTY MUTUAL FOR THE LONG-TERM DISABILITY INSURANCE FOR THE DISTRICT’S EMPLOYEES. Resolution No. 2942 was presented and read. ADOPTION OF RESOLUTION NO. 2943 WHEREAS ORDINANCE NO. 12153, ADOPTED JANUARY 12, 2006, AUTHORIZED THE EXECUTIVE DIRECTOR AND SECRETARY- TREASURER ON BEHALF OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT TO ENTER INTO A CONTRACT WITH UNITED HEALTHCARE OF THE MIDWEST, INC. WHEREBY UNITED HEALTHCARE OF THE MIDWEST, INC. WOULD PROVIDE ADMINISTRATIVE SERVICES AND STOP LOSS COVERAGE FOR THE DISTRICT’S SELF- INSURED HEALTH PLAN FOR DISTRICT EMPLOYEES AND FAMILY MEMBERS. Resolution No. 2943 was presented and read. ADOPTION OF RESOLUTION NO. 2944 WHEREAS ORDINANCE NO. 13008, ADOPTED DECEMBER 10, 2009, AUTHORIZED THE EXECUTIVE DIRECTOR AND SECRETARY- TREASURER ON BEHALF OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT TO ENTER INTO A CONTRACT WITH AMERITAS LIFE INSURANCE CORP. WHEREBY AMERITAS LIFE INSURANCE CORP. WOULD PROVIDE DENTAL BENEFITS FOR THE DISTRICT’S EMPLOYEES AND FAMILY MEMBERS. Resolution No. 2944 was presented and read. ADOPTION OF RESOLUTION NO. 2945 WHEREAS ORDINANCE NO. 12556, ADOPTED DECEMBER 13, 2007, AUTHORIZED THE EXECUTIVE DIRECTOR AND SECRETARY- TREASURER ON BEHALF OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT TO ENTER INTO A CONTRACT WITH TRI-STAR BENEFIT SYSTEMS, INC. TO ADMINISTER THE DISTRICT’S FLEXIBLE BENEFIT PLAN AND PRESCRIPTIVE EYEWEAR PLAN. Resolution No. 2945 was presented and read. ADOPTION OF RESOLUTION NO. 2946 whereas Ordinance No. 13023, adopted January 14, 2010, authorized the Executive Director and Secretary-Treasurer on behalf of The Metropolitan St. Louis Sewer District to enter into a contract with BJC Employee Assistance Program whereby BJC Employee Assistance Program would provide Employee Assistance Program (E.A.P.) services for District employees. Resolution No. 2946 was presented and read. ADOPTION OF RESOLUTION NO. 2947 WHEREAS ORDINANCE NO. 12723, ADOPTED AUGUST 14, 2008, AUTHORIZED THE EXECUTIVE DIRECTOR AND SECRETARY- TREASURER ON BEHALF OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT TO ENTER INTO A CONTRACT WITH KOHN, SHANDS, ELBERT GIANOULAKIS & GILJUM, LLP WHEREBY KOHN, SHANDS, ELBERT GIANOULAKIS & GILJUM, LLP WOULD PROVIDE LEGAL CONSULTING SERVICES PERTAINING TO STORM WATER RATE ISSUES. Resolution No. 2947 was presented and read. ADOPTION OF RESOLUTION NO. 2939 EXPRESSING THE BOARD OF TRUSTEES’ APPRECIATION TO PRISCILLA M. LYONS FOR HER 25 YEARS OF EXEMPLARY SERVICE TO THE METROPOLITAN ST. LOUIS SEWER DISTRICT FROM MAY 28, 1985, TO HER RETIREMENT EFFECTIVE NOVEMBER 1, 2010. Resolution No. 2939 was presented and read. Motion made by Mr. Buford, seconded by Mr. Feldhaus that Resolution Nos. 2939, 2940, 2941, 2942, 2943, 2944, 2945, 2946 and 2947 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 5:47 p.m. Secretary-Treasurer