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HomeMy Public PortalAbout1495th Board Journal 12-9-2010 JOURNAL OF THE (1495th) MEETING OF THE BOARD OF TRUSTEES THE METROPOLITAN ST. LOUIS SEWER DISTRICT December 9, 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 (excused) 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 Tom Sullivan, 35 N. Central; John Choinka, GBA; Will Krussel, PB; Tom Ratzki, Black and Veatch; Bently Green, Black and Veatch; Don Willey, Laborers Local 110; Curt Wheeling, Laborers Local 110; Steve Cauley, EMLDC Laborers; Peggy Shaw, Shaw Properties; Mark Eshelman, M3 Engineering; John Killups, Tetra Tech; Pam Hobbs, Geotechnology; Joe Drimmel, HNTB; Evan Young, Call Newspapers; Rob Kuenzel, RJN; Carey Brand, CH2M Hill; Ron Krusie, Burns & McDonnell; Sean Devoy, URS Corp., David Eike, URS Corp., Aaron Griesheimer; SITE; Marie Collins, Asst. Director of Engineering; Betsy Schubert, Purchasing Manager; Barb Mohn, Director of Information Systems; Vicki Taylor-Edwards, Director of Human Resources; Mike Grace, Risk Management; Lance LeComb, Manager of Public Information; 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. Buford, that the Board go into closed session to discuss legal, confidential or privileged matters under §610.021(1), RSMO 1988 SUPP. Motion passed – 5 ayes, no nays Poll taken: E. Ross aye D. Visintainer aye R. Berry aye J. Goffstein aye J. Buford aye During closed session the Board discussed confidential and privileged matters related to the EPA case pursuant to§610.021(1), RSMO 1988 SUPP. No votes were taken relative to this issue. There was also a discussion regarding the merits of appealing the Stormwater Rate Case decision that was entered on July 9, 2010, declaring that the MSD stormwater user charge violates Article X, section 22(a) of the Hancock Amendment. Motion to appeal the decision was made by Mr. Buford and seconded by Mr. Ross. Motion passed – 5 ayes, no nays Poll taken: E. Ross aye D. Visintainer aye R. Berry aye J. Goffstein aye J. Buford aye Motion made by Mr. Buford, seconded by Mr. Ross, to reconvene into open session. Motion passed – 5 ayes, no nays Poll taken: E. Ross aye D. Visintainer aye R. Berry aye J. Goffstein aye J. Buford aye - - - - Upon motion made by Mr. Berry, seconded by Mr. Visintainer, the Journal of the November 10, 2010 meeting was approved by unanimous voice vote. - - - - The Chair had no comments. - - - - Mr. Berry reported that the Program Management Committee met on November 30, 2010 at 7:30 a.m. The meeting was attended by Trustees Berry and Visintainer. The minutes of the November 2, 2010 meeting were approved. The agenda items to be introduced tonight were presented and discussed, including a detailed discussion regarding the following items: Item 43 – Tealbrook Estates – Staff is requesting that this ordinance be amended before it is considered for adoption. Staff included $16,000 in the appropriation request instead of the needed $160,000. Therefore, staff is requesting that the appropriation amount be increased from $385,000 to $530,000. This appropriation is still less than the project budget of $680,000. Item 45 – Radar Rainfall Data – Staff is requesting approval of a one-year contract with two option years as well as funding for the first year. Staff and the Committee engaged in a discussion regarding how this information is developed and how it is used. Item 47 – Thunderbird and Cardinal Drive – This is the first project for CTI & Associates, a certified MBE firm located in Arnold, Missouri. Staff assured the Committee that MWBE participation on this project will be accounted for even though the project size does not require MWBE participation. Staff then discussed current stormwater outreach efforts. While the efforts of the Regional Floodplain Group have been completed, in a separate effort staff will meet with municipal representatives in North County to discuss stormwater services and related issues. As suggested by the Committee, if these efforts are successful in producing results, this model will be tried in other areas of the District as well. Finally, staff presented for discussion its current process for soliciting and contracting with consultants. Staff reviewed Chapter 8 of the Missouri Revised Statutes regarding contracts of this type, MSD’s pre-qualification process, MSD’s procedure for consultant selection, and the guidelines used in negotiating contracts. Staff also described how the scope of projects for consultant selection will have to change starting in FY2012 to meet future capital needs. There followed an extended discussion regarding the details and issues that need to be addressed to make this change successful. There was also a discussion regarding what the Board of Trustees’ review and approval process will be under this change. The draft program for FY2012 will be presented to the consulting community on Tuesday, January 18, 2011 at 3:00 p.m. at the Engineers’ Club of St. Louis located at 4359 Lindell. Board members are welcome to attend. The proposed change in project delivery will be presented for the Board of Trustees’ review and consideration as part of the FY2012 budget review and approval process currently scheduled for March 2011. The meeting was adjourned at 8:50 a.m. - - - - Mr. Ross reported that the Audit Committee met on Tuesday, December 7, 2010 at 7:35 a.m. Present were Trustees Buford, Ross and Visintainer. Mr. Jim Schmersahl of Schmersahl-Treloar presented the financial statements of the District which are: Agreed upon Procedures Report for capital project expenditures The Fund Basis Financial Statements The Audit Procedures on Landfill Closing Costs The Schedule of Net Pledged Waste Water Revenue for the Bondholders The Employee Pension Plan Report The Deferred Compensation Plan Report Should anybody be interested in receiving these reports, please contact Jan Zimmerman. The meeting was adjourned at 8:00 a.m. - - - - Mr. Buford reported that the Finance Committee met on December 7, 2010. In attendance were Trustees Buford, Visintainer and Ross. The Committee approved minutes from the November 9, 2010 meeting. Mr. Tyminski indicated that the $37 Million SRF Loan with the state to fund Missouri River Plant is scheduled to close December 15th. Mrs. Zimmerman gave her report on the current financial condition of the District indicating it continues to in a positive position. She indicated the Budget Variance report being closely monitored with a forecast of 2.06% under budget projection for FY11. The strategic update included in the financial condition assessment was considered improved since the favorable outcome of the Stormwater refund court decision. She also reported that user charge collections for the month of October improved slightly over the prior month. Mrs. Zimmerman indicated revenue and expenses will continue to be closely monitored due to the current economic conditions and the District’s resulting strict budget. Mr. Tyminski indicated that staff was evaluating the overlapping taxing sub- districts and would be bringing forward to the committee a proposal to develop a revenue stream focused on providing stormwater services. Mrs. Zimmerman presented the October 2010 Adjustment Review Committee report as required by ordinance and asked that the report be entered into the record. She then indicated the District solicited bids for lockbox payment remittance services. The recommended lockbox provider is Firstech located in Decatur, Illinois. A one-year contract with two optional years is being proposed. After discussion, the Committee unanimously agreed to bring this recommendation to the Board for consideration. This is Item # 48 on tonight’s agenda. Mr. Tyminski noted that Pension & Investment Education for Board members is planned to take place in January, and also indicated that consideration of adding an Emerging Market Debt Manager to the Pension Plan manager group will be brought to the Committee for consideration in the next two months. - - - - The Executive Director reported that on November 29th an order by Circuit Judge Dildine was filed with the court stating that MSD would not be required to refund stormwater impervious charges collected between March 2008 and September 2010. In his order, Judge Dildine observed that refunding these charges would be unfair to MSD’s customers. This is because they would be asked to pay a second time for the services already provided in order to generate the cash needed for a refund. Impervious charges are a common user charge to pay for stormwater services around the country. MSD went to great lengths to craft a charge that was fair, equitable and would provide for improved stormwater services for its customers. The Rate Commission reviewed the question of its acceptability both legally and with respect to fairness. The charge was recommended to the MSD Board in the fall of 2007 where it was subsequently enacted. MSD has a responsibility to its customers to continue to provide adequate stormwater services to the region and cannot do so without a dedicated stream of revenue. At this point, the trial has not yet concluded. Another hearing scheduled for January 18th. - - - - Mr. Sullivan addressed the Board and expressed concern about the contracting process for engineering services. He also felt that the District should have taken the Stormwater user charge to a public vote. - - - - Ms. Peggy Shaw addressed the Board regarding her property rental business and expressed a series of concerns related to: the accuracy of the billing process, the lack of communications on the part of MSD, the lack of a dispute resolution process, the timeliness of replies and the owner versus tenant billing methodology. - - - - CONSENT AGENDA ADOPTION OF PROPOSED ORD. NO. 49-11 (ORDINANCE NO. 13161) 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. ADOPTION OF PROPOSED ORD. NO. 50-11 (ORDINANCE NO. 13162) 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. ADOPTION OF PROPOSED ORD. NO. 51-11 (ORDINANCE NO. 13163) 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. ADOPTION OF PROPOSED ORD. NO. 52-11 (ORDINANCE NO. 13164) 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. ADOPTION OF PROPOSED ORD. NO. 53-11 (ORDINANCE NO. 13165) 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. ADOPTION OF PROPOSED ORD. NO. 54-11 (ORDINANCE NO. 13166) 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. ADOPTION OF PROPOSED ORD. NO. 55-11 (ORDINANCE NO. 13167) 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. ADOPTION OF PROPOSED ORD. NO. 56-11 (ORDINANCE NO. 13168) 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. ADOPTION OF PROPOSED ORD. NO. 58-11 (ORDINANCE NO. 13169) 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. ADOPTION OF PROPOSED ORD. NO. 59-11 (ORDINANCE NO. 13170) 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. ADOPTION OF PROPOSED ORD. NO. 60-11 (ORDINANCE NO. 13171) 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. ADOPTION OF PROPOSED ORD. NO. 61-11 (ORDINANCE NO. 13172) 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. ADOPTION OF PROPOSED ORD. NO. 62-11 (ORDINANCE NO. 13173) 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. ADOPTION OF PROPOSED ORD. NO. 63-11 (ORDINANCE NO. 13174) 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. ADOPTION OF PROPOSED ORD. NO. 64-11 (ORDINANCE NO. 13175) 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. ADOPTION OF PROPOSED ORD. NO. 65-11 (ORDINANCE NO. 13176) 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. ADOPTION OF PROPOSED ORD. NO. 66-11 (ORDINANCE NO. 13177) 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. ADOPTION OF PROPOSED ORD. NO. 67-11 (ORDINANCE NO. 13178) 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. ADOPTION OF PROPOSED ORD. NO. 68-11 (ORDINANCE NO. 13179) 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. ADOPTION OF PROPOSED ORD. NO. 69-11 (ORDINANCE NO. 13180) ESTABLISHING A DEFINED CONTRIBUTION PLAN AND TRUST FOR CERTAIN EMPLOYEES OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT. ADOPTION OF PROPOSED ORD. NO. 70-11 (ORDINANCE NO. 13181) 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. ADOPTION OF PROPOSED ORD. NO. 71-11 (ORDINANCE NO. 13182) 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. ADOPTION OF PROPOSED ORD. NO. 72-11 (ORDINANCE NO. 13183) 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. Plan Approval Capilia Sanitary Relief (SKME-511) (Rehabilitation) (10115) This project, located north of Gravois and west of Laclede Station Road in the Cities of Crestwood and Grantwood Village, is to alleviate basement backups and overcharged sanitary sewers. This project is in the Fiscal Year 2011 Budget and the estimated construction cost is $102,000. CC-013 Storm System Replacement (10291) This project, located south of New Halls Ferry Road and north of Greenway Chase Drive in the City of Florissant, is to alleviate yard flooding and cave-ins at #15267 Old Halls Ferry Road. This project is in the Fiscal Year 2011 Budget and the estimated construction cost is $161,000. Chalet Court Storm Sewer (10280) This project, located west of Lindbergh Boulevard and south of Olive Boulevard in the City of Creve Coeur, is to alleviate yard erosion. This project is in the Fiscal Year 2011 Budget and the estimated construction cost is $70,000. Count Drive #10556 Storm Sewer (10560) This project, located south of Interstate 270 and east of New Halls Ferry Road in unincorporated St. Louis County, is to alleviate street and yard flooding. This project is in the Fiscal Year 2011 Budget and the estimated construction cost is $39,500. Iris Lane Bank Stabilization (10668) This project, located west of Iris Lane and south of West Essex Avenue in the City of Kirkwood, is to alleviate yard erosion. This project is in the Fiscal Year 2011 Budget and the estimated construction cost is $55,000. Malus & Green Park Storm Sewer (10252) This project, located south of Reavis Barracks Road and east of Union Road in unincorporated St. Louis County, is to alleviate creek bank erosion. This project is in the Fiscal Year 2011 Budget and the estimated construction cost is $496,000. CC-15 Seven Pines to Bennington Place Sanitary Relief Phase II (SKME-033) (10406) This project, located North of Fee Fee Road and West of Basston Drive in the City of Maryland Heights and Unincorporated St. Louis County, is to alleviate basement backups and overcharged sewer mains. This project is in the Fiscal Year 2011 Budget and the estimated construction cost is $1,521,000. Fallbrook-Devondale I/I Reduction (SKME-644 & 645) (10381) This project, located North of Clayton Road and east of Interstate 270 in the Cities of Creve Coeur, Frontenac, Town and Country and the Village of Westwood, is to alleviate wet weather backups. This project is in Fiscal Year 2011 Budget and the estimated construction cost is $614,000. Tower Grove-Manchester Combined Sewer System Phase II (Utah & Humphrey Storm Relief Sewers) (10778) This project, located south of Tower Grove Park and east of Morganford Road in the City of Saint Louis, is to minimize the potential for basement backups and surface flooding due to overcharged combined sewers. This project is in the Fiscal Year 2011 Budget and the estimated construction cost is $2,888,000. Bopp Sanitary Relief I/I Reduction (SKME-611) (10298) This project, located north of Manchester Road and east of Interstate 270 in the City of Des Peres, is to alleviate sanitary sewer overflows and basement back-ups. This project is in the Fiscal Year 2011 Budget and the estimated construction cost is $1,260,000. Motion made by Mr. Buford, 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 J. Buford aye The Chair declared the Consent Agenda adopted and proposed Ord. Nos. 49-11, 50-11, 51-11, 52-11, 53-11, 54-11, 55-11, 56-11, 58-11, 59-11, 60-11, 61-11, 62-11, 63-11, 64-11, 65-11, 66- 11, 67-11, 68-11, 69-11, 70-11, 71-11 and 72-11 were assigned Ordinance Nos. 13161, 13162, 13163, 13164, 13165, 13166, 13167, 13168, 13169, 13170, 13171, 13172, 13173, 13174, 13175, 13176, 13177, 13178, 13179, 13180, 13181, 13182 and 13183. - - - - UNFINISHED BUSINESS Ordinances AMENDMENT AND ADOPTION OF PROPOSED ORD. NO. 57-11 APPROPRIATING $530,000.00 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. Motion made by Mr. Buford, seconded by Mr. Berry, that proposed Ord. No. 57-11 be adopted. Motion passed – 5 ayes, no nays Poll taken: E. Ross aye J. Goffstein aye R. Berry aye D. Visintainer aye J. Buford aye Motion made, seconded and unanimously adopted to suspend the rules to allow for adoption of proposed Ord. No. 57-11. Motion made by Mr. Visintainer, seconded by Mr. Buford that proposed Ord. No. 57-11 be adopted. Motion passed – 5 ayes, no nays Poll taken: J. Goffstein aye J. Buford aye D. Visintainer aye R. Berry aye E. Ross aye The Chair declared proposed Ord. No. 57-11 adopted and it was assigned Ordinance No. 13184. Resolutions None - - - - NEW BUSINESS Ordinances INTRODUCTION OF PROPOSED ORD. 74-11 APPROPRIATING $125,000.00 FROM THE OPERATION, MAINTENANCE AND CONSTRUCTION IMPROVEMENT FUND OF MALINE CREEK TO BE USED FOR PROJECT COSTS FOR CHANNEL STABILIZATION IN FERGUSON BRANCH BANK STABILIZATION (10278), IN THE CITY OF FERGUSON, 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. 74-11 was presented and read. The work to be done under Contract #10584 consists of the construction of approximately 29 cubic yards of gabions, 673 square yards of bank protection–biostabilization, 25 lineal feet of 18-inch diameter pipe sewers and associated appurtenances. The purpose of this project is to alleviate creek bank and yard erosion. This project is scheduled to be completed in 120 days. Motion made by Mr. Berry, seconded by Mr. Ross that proposed Ord. No. 74-11 be introduced. Motion passed – 5 ayes, no nays Poll taken: J. Buford aye R. Berry aye E. Ross aye D. Visintainer aye J. Goffstein aye INTRODUCTION OF PROPOSED ORD. NO. 75-11 APPROPRIATING $120,000.00 FROM THE SANITARY REPLACEMENT FUND FOR RADAR RAINFALL DATA (FY2011) (10743) SERVICES AND AUTHORIZING THE EXECUTIVE DIRECTOR AND SECRETARY- TREASURER ON BEHALF OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT TO ENTER INTO CONTRACT NO. 10603 WITH VIEUX AND ASSOCIATES, INC. FOR THE AFORESAID SERVICES. Proposed Ord. No. 75-11 was presented and read. The work to be done under Contract #10603 will allow the District to continue maintaining the integration between the existing rain gauge network and NEXRAD radar data in an effort that produces Gauge Adjusted Radar Rainfall (GARR) data for use by District engineers, various planning and design consultants, and Operations divisions. This contract will continue to allow web-accessible rainfall data to District personnel, monthly archive quality rainfall data, review and analysis of District rain gauges, major rainfall event support, enhancing web-based tools, hydrologic stream response support, support for the District’s hydraulic models and training. Radar rainfall data is a technology used to enhance hydraulic modeling and calibration, confirming sewer flow metering responses to rain events, and inflow/infiltration assessments, CSO & SSO control planning, watershed and stormwater programs, preliminary and final designs. This technology allows the District to estimate more accurately the amount of rain that falls within District boundaries that is not detected at rain gauge sites. This contract is for one year with an option to renew for two additional years. Motion by Mr. Berry, seconded by Mr. Visintainer that proposed Ord. No. 75-11 be introduced. Motion passed – 5 ayes, no nays Poll taken: J. Buford aye R. Berry aye E. Ross aye D. Visintainer aye J. Goffstein aye INTRODUCTION OF PROPOSED ORD. NO. 76-11 APPROPRIATING $3,000,000.00 FROM THE SANITARY REPLACEMENT FUND TO BE USED FOR PROJECT COSTS FOR THE CONSTRUCTION OF MANCHESTER AVENUE COMBINED SEWER RELIEF – PHASE II (10078); IN THE CITY OF ST. LOUIS MISSOURI; AND AUTHORIZING THE EXECUTIVE DIRECTOR AND SECRETARY-TREASURER ON BEHALF OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT TO ENTER INTO A CONTRACT WITH GERSHENSON CONST. CO., INC. FOR THE AFORESAID CONSTRUCTION. Proposed Ord. No. 77-11 was presented and read. The work to be done under Contract #10582 consists of the construction of approximately 2,100 lineal feet of pipe sewers varying in size from 8-inches to 60-inches in diameter and appurtenances. This construction is the second phase of a multiphase improvement program. The purpose of this project is to alleviate basement backups and flooding due to overcharged combined sewers. This project is scheduled to be completed in 330 days. Motion by Mr. Visintainer, seconded by Mr. Berry that proposed Ord. No. 77-11 be introduced. Motion passed – 5 ayes, no nays Poll taken: J. Buford aye R. Berry aye E. Ross aye D. Visintainer aye J. Goffstein aye INTRODUCTION OF PROPOSED ORD. NO. 78-11 AUTHORIZING THE EXECUTIVE DIRECTOR AND SECRETARY-TREASURER ON BEHALF OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT TO ENTER INTO A CONTRACT WITH FIRSTECH PAYMENT PROCESSING SOLUTIONS WHEREBY FIRSTECH PAYMENT PROCESSING SOLUTIONS WILL PROVIDE LOCKBOX SERVICES FOR THE DISTRICT. Proposed Ord. No. 78-11 was presented and read. This ordinance authorizes the District to enter into a one-year contract with two optional years with Firstech Payment Processing Solutions for lockbox services for a portion of the District’s monthly sewer bills. Their services would be used to provide an additional payment method to customer for bill payment. This service will is also used to collect returned mail from the District’s lockbox and converted to an electronic format for processing by District staff. Motion by Mr. Visintainer seconded by Mr. Ross that proposed Ord. No. 78-11 be introduced. Motion passed – 5 ayes, no nays Poll taken: J. Buford aye R. Berry aye E. Ross aye D. Visintainer aye J. Goffstein aye - - - - Upon motion made Mr. Berry, seconded by Mr. Goffstein, and unanimously passed, the meeting adjourned at 5:35 p.m. Secretary-Treasurer