HomeMy Public PortalAbout1498th Board Journal 3-10-2011
JOURNAL OF THE (1498th) MEETING OF THE
BOARD OF TRUSTEES
THE METROPOLITAN ST. LOUIS SEWER DISTRICT
March 10, 2011 – 3:30 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; William Ray, St. Louis County; Jon
Bergenthal, Jacobs; Curt Wheeling, Laborers Local 110; Mark Eshelman, M3 Engineering;
David Cavender, Horner & Shifrin; Rob Kuenzel, RJN; Steve Lewis, AGC; John Weiland, CDM;
Bob Bella, HDR; Brain Vestal, GB; Chester Rice, AABCA; Rich Ingram; G. White, Kwame; Mark
Kollitz, Woolpert; Sarah Turner, Gonzalez; Phil Sutin, Post-Dispatch; Rich Wischmann, Parsons;
Rebecca Losli, Losli Engineering; Ron Krusie, Burns & Mac; Lawrence Nwachukwu, Basilico
Engineering; Nate Adams, TMCS, Don Willey, Laborers; Newey Goodwin, GB; Tim Tappendorf,
CMT; Rev. Elston McCowan, NAACP; Nicole Young, CDM; Dorrin Wise, AABCA; Tommy
Springfield, AABCA; Eddie Hasan, AABCA; Doug Wachsnicht, Goodwin Brothers; Lee Acre,
GBC; Charlie Goodwin, GBC; Larry Goodwin, GBC; Jim Dunnjick, GBC; Jeff Rensing, Oates;
Terry Briggs, SITE; Pam Hobbs, Geotechnology; Carol Willis, MSD; Bill Ehrhart, MSD; Kristol
Whatley, MSD; Marie Collins, Asst. Director of Engineering; Barb Mohn, Director of Information
Systems; Vicki Taylor-Edwards, Director of Human Resources; Ramona Dickens, Manager of
Diversity; Mike Grace, Risk Management; Lance LeComb, Manager of Public Information; and
Pam Bell, Secretary to the Executive Director.
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Mr. Goffstein opened the meeting pursuant to notice and call.
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Motion made by Mr. Berry, seconded by Mr. Visintainer, that the Board go into
closed session to discuss legal, confidential or privileged matters under §610.021(1), RSMO
1988 SUPP. ; leasing, purchase or sale of real estate under §610.021(2).
Motion passed – 6 ayes, no nays
Poll taken: D. Visintainer aye G. Feldhaus aye
J. Goffstein aye E. Ross aye
J. Buford aye R. Berry aye
During closed session the Board discussed confidential and privileged matters
related to the EPA and mediation discussions pursuant to§610.021(1), RSMO 1988 SUPP. No
votes were taken relative to these issues. Messrs. Hoelscher and Theerman presented a
proposal for the voluntary purchase of a parcel of property at 3242 Portis for $140,600 from
Elizabeth Novak. This value was reached by administrative settlement and the property is
required for the Oriole/Gilmore Detention Basin Extension Project in the City of St Louis. Mr.
Berry moved for the introduction and adoption of an ordinance authorizing the purchase of 3242
Portis for a price not to exceed $140,600. The motion was seconded by Mr. Ross, and there
was no objection to the suspension of the rules.
Motion passed – 6 ayes, no nays
Poll taken: D. Visintainer aye G. Feldhaus aye
J. Goffstein aye E. Ross aye
J. Buford aye R. Berry aye
Motion made by Mr. Ross, seconded by Mr. Goffstein, 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
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Upon motion made by Mr. Ross, seconded by Mr. Visintainer, the Journal of the
February 10, 2011 meeting was approved by unanimous voice vote.
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The Chair commented that this would be his last meeting as chair and it has been
a privilege to serve the public in this capacity.
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Mr. Berry reported that the Program Management Committee met on March 1,
2011 at 7:30 a.m. The meeting was attended by Trustee Ross.
The minutes of the February 4, 2011 meeting were held and will be considered for
approval at the next Program Management Committee meeting.
The agenda items to be introduced tonight were presented and discussed,
including a detailed discussion regarding the following items:
Items 24 & 25 – Burning Tree and Gallant Fox Drive – These two projects will be
considered to amend and adopt. The funding source for these two projects is being changed
from Paddock Creek OMCI to the Coldwater Creek OMCI to comply with the funds transfer
Resolution No. 2955 passed by the Board on January 13, 2011.
Item 31 – Alpine & Rambler Storm Sewer – Because the exact condition of the
existing street pavement is unknown, an additional $25,000 is included in this appropriation in
case additional street pavement needs to be replaced at the unit prices included in the contract.
Item 35 – Glaise and Rock Creek – Staff is requesting an additional $100,000 for
this engineering contract. Once the system investigation was completed, more modeling effort
than was anticipated in the original contract was required to fully develop the mitigation options
available to reduce the impact of surcharging combined sewers in this City of St. Louis
Sewershed. This appropriation will increase the contract from $1.9 million to $2 million or 5.3%.
Item 36 – Baumgartner & Black Forest – Staff presented this project requesting
the right to proceed with condemnation if needed. Since the Committee meeting, the property
owner has signed the easement. Staff is requesting that this item be pulled from the Agenda.
Item 37 – Bond Place Sanitary Sewers – Staff has received a petition signed by 8
of 12 property owners within a subdivision to establish a subdistrict for the purpose of
performing improvements to the private sanitary system. After introduction by the Board of this
ordinance, staff will hold a public hearing on March 29, 2011 at Sunset Hills City Hall to discuss
this proposal with the residents. The next action required of the Board will be consideration of
the hearing report, a presentation by staff, and adoption of the subdistrict boundaries at the May
Board meeting.
Item 39 – Grand Glaize Medium Voltage Switchgear – Staff is requesting
introduction and adoption of this ordinance so that replacement of main electrical switchgear
equipment can be installed as soon as possible. The new switchgear is currently being stored
at the Grand Glaize Plant and is the responsibility of MSD.
The meeting was adjourned at 8:02 a.m.
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Mr. Buford reported that the Finance Committee met at 8:30 a.m., on Tuesday,
March 8, 2011. In attendance were Trustees Buford, Berry, Ross and Visintainer. The
Committee approved the minutes from the prior meeting.
Mr. Buford called upon Mr. Theerman to report on the status of the Missouri River
Treatment Plant contract issues stemming from the concerns raised by the minority contractors
that spoke at the February Board Meeting.
Mr. Theerman responded that there were certain concerns that related specifically
to the Missouri River Treatment Plant contract and those issues that relate to the District’s
M/WBE program itself. He first responded to the contract specific issues by indicating: that the
Masonry /tuck pointing joint venture with a majority steel contractor had not been certified by the
State and will not be counted for M/WBE participation for this project, that only actual hauling
cost will be counted and the cost of purchased materials will be excluded as part of the
participation amounts, and that the contract with Goodwin will be changed to reflect additional
work to be performed by MBE contractors’. The additional work to be awarded to MBE
contractors through a contract change order with Goodwin Brothers and will consist of: $2.1
million for mechanical work, $182,000 for masonry work and $40,000 for material tests. The
M/WBE participation reflected in the change order will total $2.3 million. Additionally, the
contract scope with Kwame for construction management services will be increased for onsite
M/WBE monitoring activity.
Mr. Theerman called upon Ms. Edwards to present the potential changes to the
District’s M/WBE program. She indicated that the list changes that she will discuss is
preliminary in nature and will be crafted in more detail in future months. She commented that the
District’s current M/WBE goal of 25% is reasonable. The goal is composed of a minimum of
10% minority, 5% woman participation. The remaining 10% participation can be by either a
minority or woman firm. She indicted that the following changes are being considered.
· Work force goals will be included on certain MSD projects
· The District will move towards counting different types of business for participation
purposes on a percentage basis similar to what is more common in the industry. A
manufacturer and/or distributor & installer would receive 100% participation credit, a
manufacturer/distributor will receive 60% credit, a supplier would receive 20% credit and
a broker would receive 3% participation credit.
· Implement a job site participation monitoring program
· Post the participation amounts and percentages on the District’s website twice a year.
· Work will be counted for only that performed in the NACIS code for which they are
certified.
· Sub-tier contractors will need to be certified
· Expand and enrich M/WBE related outreach programs
· Burden for certification disputes and decertification will fall to the certifying agency that
the District is relying on.
Mr. Theerman noted the various changes being proposed will be discussed with
ACG/SITE, and that for the Missouri River Treatment Plant contract the revised participation
percentage is 16.23% of which 14.3% is MBE and the balance is WBE.
There was a discussion between the board and staff about Goodwin Brothers not
achieving a 25% goal. Staff explained that a contractor needs to have a good faith effort under
the program and the District staff believes that a good faith effort was made to achieve the
minority participation goal.
Mr. Buford asked for additional information about the legal issues brought up
about the MWBE program. Ms. Myers responded that the reference to CFR-49 relate to
transportation dollars and would not impact the District.
The Board questioned when they would see the proposed changes to the District’s
MWBE Program. Staff responded that they are planning to bring changes forward in May 2011.
Mr. Buford called upon Mr. Adolphus Pruitt from the NAACP to obtain their
prospective on the discussions. Mr. Pruitt indicated that the discussions have been positive and
that the District staff has approached the situation in a positive and professional manner. He did
note that as a footnote to the discussions that on the legal side the issue was Title VI of the Civil
Rights Act and not the transportation funding issue CFR-49. He also noted that the District, in
it’s due diligence process is really not able to determine compliance with Executive Order
11246. He concluded by noting that the District deals with five different certifying agencies that
have different levels of scrutiny, perhaps the District should use the standards that are most
stringent.
Ms. Yaphett El-Almin from MOKAN addressed the committee and indicated that
staff has started along the road of improving the MWBE program, but there is still a long way to
go. She questioned whether Goodwin’s efforts were truly good faith efforts and felt the inclusion
of approximately $8 million of work was questionable. She felt that the MBE and WBE goal
should be separated with the MBE goal being 25% and the WBE goal being 5%. She concluded
by welcoming the fact that Kwame is being added to monitor the program.
Mrs. Zimmerman presented the current financial condition of the District as of
January 31, 2011 indicating a slight improvement since the prior month. She stated this
improvement primarily reflects the continuation of a favorable budget variance particularly given
the tight budget conditions under which the District is currently operating. She presented the
January 2011 Adjustment Review Committee Report as required by Ordinance. The report was
accepted into the record.
Ms. Kristen Finney-Cooke from New England Pension Consultants provided a
summary to the Committee members and addressed the performance of the pension
investments through February 28, 2011. She noted that each January, her firm makes a series
of recommendations that will better position the investment portfolio for the upcoming year
based on the anticipated economic conditions. After reviewing the economic forecast for 2011,
Ms. Cooke recommended that the District add an investment manager to handle emerging
market debt and recommended that the District consider reducing or eliminating its position in
the Market Neutral Alternative Strategy.
Mrs. Zimmerman reported the legal firm of Lashly & Baer was selected by the
Rate Commission to provide legal services during the upcoming anticipated rate change
process. Mrs. Zimmerman indicated the District’s standard Request for Proposal (RFP) process
was used in the Rate Commission’s selection and that 21 firms were solicited to submit
proposals.
The meeting adjourned at 9:42 a.m.
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Mr. Ross reported that the Audit Committee met at 7:30 am on Tuesday, March 8,
2011. In attendance were Trustees Buford, Berry, Ross and Visintainer. The minutes from the
prior meeting were approved.
Mr. Steve Marr from Stone Carlie provided the attendees with a hard copy of the
Electronic Data Security Implementation Status Update Report. He informed the committee that
Internal Audit participated as a subject matter expert over the project and was not independent
of the process. He discussed the scope and objectives of the project and provided details of the
status and assessment for each of the five elements of the Oracle Security Suite. Mr. Marr
stated that the Oracle Audit Vault element was delayed due to a technical obstacle. Full
implementation is expected by July-August 2011.
Mr. Kevin Stubbs of Jefferson Wells provided the attendees with a hard copy of
the Management Audit Phase I Presentation Report. Mr. Darren Thomas who was the project
manager for the management audit discussed the focus and approach of the project. He
reminded the committee that the Management Audit is based on the ten attributes and five keys
within the Effective Utility Management (EUM) Framework. The EUM framework was the focus
of the Phase I self-assessment. Mr. Thomas reported that based on the self-assessment, a
series of recommendations spread over the ten attributes were identified and shared with
District management. A report will be finalized by the next Audit Committee meeting
summarizing the recommendations and proposing areas to be the focus of the Phase II audit
work.
The Committee adjourned at 8:03 a.m.
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The Executive Director reported that the District Charter requires that the staff
submit a draft balanced budget to the Board of Trustees by March 15th of each year. This
budget is for fiscal year 2012, which starts on July 1st of this year. The draft budget has been
provided to each Trustee and a limited number of copies are available to the public at tonight’s
meeting. The draft budget will also be posted to the District’s website. The total budget for
fiscal 2012 is $378.1M.
Also provided to the Board and available to the public in hard copy or on the
website is the Draft Strategic Business and Operating Plan for Fiscal 2012 through 2016.
During the month of April, the Finance Committee will review all aspects of the
draft budget. We anticipate at least two Finance Committee meetings next month for this
purpose. In May, the District will hold a public hearing on the draft budget tentatively scheduled
for May 5th. The current schedule contemplates a draft budget introduction by the Trustees at
the May 12th Board meeting followed by an adoption at the June 9th Board meeting.
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Mr. Richar Ingram addressed the Board and explained a sewer and storm water
billing problem that he has been experiencing, and asked for help in resolving it. The Board
asked that the appropriate staff meet with Mr. Ingram to resolve his issue.
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CONSENT AGENDA
ADOPTION OF PROPOSED ORD. NO. 101-11 (ORDINANCE NO. 13214) APPROPRIATING
$420,000.00 FROM THE OPERATION, MAINTENANCE AND CONSTRUCTION
IMPROVEMENT FUND OF MALINE CREEK TO BE USED FOR PROJECT COSTS FOR THE
CONSTRUCTION OF STORM SEWERS IN BRISTOW AND ANN STORM SEWER (10206) IN
THE CITY OF CHARLACK, MISSOURI; AND AUTHORIZING THE EXECUTIVE DIRECTOR
AND SECRETARY-TREASURER ON BEHALF OF THE METROPOLITAN ST. LOUIS SEWER
DISTRICT TO ENTER INTO A CONTRACT WITH XL CONTRACTING, INC. FOR THE
AFORESAID STORM SEWER CONSTRUCTION.
ADOPTION OF PROPOSED ORD. NO. 102-11 (ORDINANCE NO. 13215) APPROPRIATING
$1,050,000.00 FROM THE SANITARY REPLACEMENT FUND TO BE USED FOR PROJECT
COSTS FOR THE BOPP SANITARY RELIEF I/I REDUCTION (SKME-611) (10298) IN THE
CITY OF DES PERES, 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. 103-11 (ORDINANCE NO. 13216) APPROPRIATING
$1,350,000.00 FROM THE SANITARY REPLACEMENT FUND TO BE USED FOR COSTS
ASSOCIATED WITH THE ACQUISITION OF NECESSARY PROPERTY RIGHTS FROM
EASEMENT ACQUISITION FOR COMBINED/SANITARY PROJECTS (FY0211) (10584)
THROUGHOUT THE ENTIRE DISTRICT.
ADOPTION OF PROPOSED ORD. NO. 106-11 (ORDINANCE NO. 13217) AUTHORIZING
REIMBURSEMENT TO THE METROPOLITAN ST. LOUIS SEWER DISTRICT OF SUMS
ADVANCED TO THE RESERVE FOR REAL PROPERTY, PURCHASE, IMPROVEMENT AND
ALTERATION FUND AND TRANSFERRING ANY MONIES RECEIVED OR TO BE RECEIVED
BY SAID FUND TO THE GENERAL FUND, AND DISSOLVING THE RESERVE FOR REAL
PROPERTY, PURCHASE, IMPROVEMENT AND ALTERATION FUND.
Plan Approval
Power Supply Improvements at Various Sanitary Pump Stations Phase III (10364)
This project, located in various sites in the Cities of Olivette and Fenton and the
City of St. Louis, is to eliminate pump station overflows during power failures. This
project is in the Fiscal Year 2011 Budget and the estimated construction cost is
$341,000.
Infrastructure Repairs (Rehabilitation) (FY 2011) (10660)
This project, located in Service Areas 2 and 3, the south and west portion of the
District, in St. Louis County, is to rehabilitate older, damaged and deteriorated
sewers to reduce pipe collapses, blocked mains and inflow/infiltration. This project
is in the Fiscal Year 2011 Budget and the estimated construction cost is
$3,861,000.
Infrastructure Repairs (Rehabilitation) (FY 2011) B (11068)
This project, located in service areas 1, 4 and 5 in the City of St. Louis and north
and western portions of St. Louis County, is to rehabilitate older, damaged and
deteriorated sewers to reduce pipe collapses, blocked mains and
inflow/infiltration. This project is in the Fiscal Year 2011 Budget and the estimated
construction cost is $5,748,000.
Stonell-Elise Drive Storm Project (GCMB-220) (10036)
This project, located south of Gravois Road and west of Tesson Ferry Road in the
City of Lakeshire, is to relieve street and yard flooding. This project is in the Fiscal
Year 2011 Budget and the estimated construction cost is $467,000.
Lindbergh and Patterson Storm Sewer (10218)
This project, located north of Lindbergh Boulevard and east of Patterson Road in
the City of Florissant, is to alleviate structure and yard flooding. This project is in
the Fiscal Year 2011 Budget and the estimated construction cost is $81,000.
Lanett Ct. #11390 Storm Improvement (10349)
This project, located north of Interstate 270 and west of Highway 367 in
unincorporated St. Louis County, Missouri, is to alleviate channel bank erosion.
This project is in the Fiscal Year 2011 Budget and the estimated construction cost
is $150,000.
Irene & Bopp Storm Sewer (10667)
This project, located north of Manchester Road and east of Bopp Road in the City
of Des Peres, is to alleviate yard erosion at #2 Irene Court. This project is in the
Fiscal Year 2011 Budget and the estimated construction cost is $63,000.
Minerva-Wengler-Burns Storm Sewer (10060)
This project, located west of Woodson Road and north of Page Avenue in the City
of Overland, is to relieve frequent structure, street, and yard flooding. This project
is in the Fiscal Year 2011 Budget and the estimated construction cost is $164,000.
Coldwater Sanitary Relief Section B, C & D Wet Weather Storage Facility Tank A (10434)
This project, located south of Interstate 70 and east of Cypress Road in the City of
St. Ann, is to alleviate overloaded sanitary sewers. This project is in the Fiscal
Year 2011 Budget and the estimated construction cost is $13,000,000.
CSO-McKnight Rd SE of Hwy 40 CSO Interceptor (I-292)/Outfall (10141)
This project, located north and south of I-64 (Hwy 40) and east and west of
McKnight Road in the Cities of Brentwood, Ladue and Richmond Heights, is to
implement the District’s long-term CSO control plan to address combined sewer
overflows. This project is in Fiscal Year 2011 Budget and the estimated
construction cost is $2,504,000.
Motion made by Mr. Buford, seconded by Mr. Feldhaus, 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
J. Buford aye G. Feldhaus aye
The Chair declared the Consent Agenda adopted and proposed Ord. Nos. 101-11, 102-11, 103-
11 and 106-11 were assigned Ordinance Nos. 13214, 13215, 13216 and 13217.
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UNFINISHED BUSINESS
Ordinances
AMENDMENT AND ADOPTION OF PROPOSED ORD. NO. 104-11 APPROPRIATING
$88,000.00 FROM THE OPERATION, MAINTENANCE AND CONSTRUCTION
IMPROVEMENT FUND OF COLD WATER CREEK TO BE USED FOR PROJECT COSTS
FOR THE CONSTRUCTION OF STORM SEWERS IN BURNING TREE AND FOX RUN DRIVE
STORM SEWER (10543), IN THE CITY OF FLORISSANT, MISSOURI; AND AUTHORIZING
THE EXECUTIVE DIRECTOR AND SECRETARY-TREASURER ON BEHALF OF THE
METROPOLITAN ST. LOUIS SEWER DISTRICT TO ENTER INTO A CONTRACT WITH
KARSTEN EQUIPMENT CO. FOR THE CONSTRUCTION OF THE AFORESAID STORM
SEWERS.
Motion made by Mr. Feldhaus, seconded by Mr. Visintainer, that proposed Ord.
No. 104-11 be amended.
Motion passed – 6 ayes, no nays
Poll taken: R. Berry aye E. Ross aye
D. Visintainer aye J. Goffstein aye
J. Buford aye G. Feldhaus aye
Motion made, seconded and unanimously adopted to suspend the rules to allow
for adoption of proposed Ord. No. 104-11.
Motion made by Mr. Visintainer, seconded by Mr. Feldhaus that proposed Ord. No.
104-11 be adopted.
Motion passed – 6 ayes, no nays
Poll taken: R. Berry aye E. Ross aye
D. Visintainer aye J. Goffstein aye
J. Buford aye G. Feldhaus aye
The Chair declared proposed Ord. No. 104-11 adopted and it was assigned Ordinance No.
13218.
AMENDMENT AND ADOPTION OF PROPOSED ORD. NO. 105-11 APPROPRIATING
$147,000.00 FROM THE OPERATION, MAINTENANCE AND CONSTRUCTION
IMPROVEMENT FUND OF COLD WATER CREEK TO BE USED FOR PROJECT COSTS
FOR THE CONSTRUCTION OF STORM SEWERS IN GALLANT FOX DRIVE STORM SEWER
(10343) IN THE CITY OF FLORISSANT, MISSOURI; AND AUTHORIZING THE EXECUTIVE
DIRECTOR AND SECRETARY-TREASURER ON BEHALF OF THE METROPOLITAN ST.
LOUIS SEWER DISTRICT TO ENTER INTO A CONTRACT WITH J. H. BERRA CONST. CO.,
INC. FOR THE CONSTRUCTION OF THE AFORESAID STORM SEWERS.
Motion made by Mr. Feldhaus, seconded by Mr. Visintainer, that proposed Ord.
No. 105-11 be amended.
Motion passed – 6 ayes, no nays
Poll taken: R. Berry aye E. Ross aye
D. Visintainer aye J. Goffstein aye
J. Buford aye G. Feldhaus aye
Motion made, seconded and unanimously adopted to suspend the rules to allow
for adoption of proposed Ord. No. 105-11.
Motion made by Mr. Visintainer, seconded by Mr. Feldhaus that proposed Ord. No.
105-11 be adopted.
Motion passed – 6 ayes, no nays
Poll taken: R. Berry aye E. Ross aye
D. Visintainer aye J. Goffstein aye
J. Buford aye G. Feldhaus aye
The Chair declared proposed Ord. No. 105-11 adopted and it was assigned Ordinance No.
13219.
INTRODUCTION AND ADOPTION OF PROPOSED ORD. NO. 108-11 APPROPRIATING
$37,000,000.00 FROM THE SANITARY REPLACEMENT FUND FOR MISSOURI RIVER
WWTP SECONDARY TREATMENT EXPANSION AND DISINFECTION FACILITIES (10710);
AND AUTHORIZING THE EXECUTIVE DIRECTOR AND SECRETARY-TREASURER ON
BEHALF OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT TO ENTER INTO
CONTRACT NO. 10597 WITH GOODWIN BROS. CONST. CO. FOR THE AFORESAID
CONSTRUCTION PHASE SERVICES.
Mr. Tyminski explained that it is necessary to vote a proposed ordinance off the
table before it can be acted on.
Motion made by Mr. Visintainer, seconded by Mr. Feldhaus to consider proposed
Ord. No. 108-11 at this point.
Motion passed – 6 ayes, no nays
Poll taken: R. Berry aye E. Ross aye
D. Visintainer aye J. Goffstein aye
J. Buford aye G. Feldhaus aye
Mr. Tyminski indicated that the measure is on the floor for consideration and has
passed with a simple majority.
Motion made by Mr. Ross, seconded by Mr. Feldhaus, that proposed Ord. No.
108-11 be introduced.
Motion passed – 6 ayes, no nays
Poll taken: R. Berry aye E. Ross aye
D. Visintainer aye J. Goffstein aye
J. Buford aye G. Feldhaus aye
Motion made, seconded and unanimously adopted to suspend the rules to allow
for adoption of proposed Ord. No. 108-11.
Motion made by Mr. Visintainer, seconded by Mr. Feldhaus that proposed Ord. No.
108-11 be adopted.
Motion passed – 6 ayes, no nays
Poll taken: R. Berry aye E. Ross aye
D. Visintainer aye J. Goffstein aye
J. Buford aye G. Feldhaus aye
The Chair declared proposed Ord. No. 108-11 adopted and it was assigned Ordinance No.
13220.
Resolutions
None
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NEW BUSINESS
Ordinances
INTRODUCTION OF PROPOSED ORD. 110-11 APPROPRIATING $430,000.00 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 FLORENCE #503 STORM SEWER
IMPROVEMENTS (10213), 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 K.J. UNNERSTALL CONSTRUCTION CO. FOR THE AFORESAID STORM SEWER
CONSTRUCTION.
Proposed Ord. No. 110-11 was presented and read. The work to be done under
Contract #10623 consists of the construction of approximately 40 lineal feet of rock lined
channel, 873 lineal feet of pipe sewers varying in size from 12-inches to 36-inches in diameter,
110 lineal feet of 30-inch diameter pipe-in-tunnel, and appurtenances. The purpose of this
project is to relieve street flooding and yard and basement flooding at #515 and #521 Florence
Avenue. This project is scheduled to be completed in 240 days.
Motion made by Mr. Berry, seconded by Mr. Buford that proposed Ord. No. 110-11
be introduced.
Motion passed – 6 ayes, no nays
Poll taken: J. Buford aye R. Berry aye
E. Ross aye D. Visintainer aye
J. Goffstein aye G. Feldhaus aye
INTRODUCTION OF PROPOSED ORD. NO. 111-11 APPROPRIATING $3,800,000.00 FROM
THE SANITARY REPLACEMENT FUND TO BE USED FOR PROJECT COSTS FOR THE
REHABILITATION OF SANITARY SEWERS IN INFRASTRUCTURE REPAIRS
(REHABILITATION) (FY2011) (10660) IN 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 REHABILITATION OF THE AFORESAID
SANITARY SEWERS.
Proposed Ord. No. 111-11 was presented and read. The work to be done under
Contract #10621 consists of the construction of the rehabilitation of approximately 125,193 lineal
feet of pipe sewers varying in size from 6-inches to 36-inches in diameter, using cured-in-place
pipe (CIPP) methods. The purpose of this project is to rehabilitate older, damaged and
deteriorated sewers to reduce pipe collapses, blocked mains and inflow/infiltration. This project
is scheduled to be completed in 365 days.
Motion by Mr. Berry, seconded by Mr. Buford that proposed Ord. No. 111-11 be
introduced.
Motion passed – 6 ayes, no nays
Poll taken: J. Buford aye R. Berry aye
E. Ross aye D. Visintainer aye
J. Goffstein aye G. Feldhaus aye
INTRODUCTION OF PROPOSED ORD. NO. 112-11 APPROPRIATING $140,000.00 FROM
THE SANITARY REPLACEMENT FUND TO BE USED FOR PROJECT COSTS FOR THE
STONINGTON SANITARY RELIEF (SKME-652) (I/I REDUCTION) (10185), IN THE CITY OF
FRONTENAC, MISSOURI; AND AUTHORIZING THE EXECUTIVE DIRECTOR AND
SECRETARY-TREASURER ON BEHALF OF THE METROPOLITAN ST. LOUIS SEWER
DISTRICT TO ENTER INTO A CONTRACT WITH SOUTHERN DITCHING & EXCAVATING
COMPANY FOR THE AFORESAID REHABILITATION.
Proposed Ord. No. 112-11 was presented and read. The work to be done under
Contract #10618 consists of the removal of private inflow/infiltration sources on 17 properties.
The purpose of this project is to alleviate sanitary sewer surcharging, overflows and wet weather
backups. This project is the first phase of a two-phase program included in the design contract.
The second phase will consist of sewer construction. One sanitary bypass can be removed
after the second phase is constructed. This project is scheduled to be completed in 150 days.
Motion by Mr. Berry, seconded by Mr. Ross that proposed Ord. No. 112-11 be
introduced.
Motion passed – 6 ayes, no nays
Poll taken: J. Buford aye R. Berry aye
E. Ross aye D. Visintainer aye
J. Goffstein aye G. Feldhaus aye
INTRODUCTION OF PROPOSED ORD. NO. 113-11 APPROPRIATING $4,100,000.00 FROM
THE SANITARY REPLACEMENT FUND TO BE USED FOR PROJECT COSTS FOR THE
CONSTRUCTION OF STORM SEWERS IN CREVE COEUR CREEK SANITARY TRUNK
SEWER RELIEF PHASE IIA (10427) IN THE CITIES OF CHESTERFIELD AND TOWN &
COUNTRY, MISSOURI; AND AUTHORIZING THE EXECUTIVE DIRECTOR AND
SECRETARY-TREASURER ON BEHALF OF THE METROPOLITAN ST. LOUIS SEWER
DISTRICT TO ENTER INTO A CONTRACT WITH BATES UTILITY COMPANY, INC. FOR THE
AFORESAID CONSTRUCTION.
Proposed Ord. No. 113-11 was presented and read. The work to be done under
Contract #10625 consists of the construction of approximately 3,100 lineal feet of pipe sewers
varying in size from 8-inches to 60-inches in diameter of sanitary sewers and appurtenances.
This construction is the third phase of a multi-phase improvement program. The purpose of this
project is to alleviate overcharging of the trunk sewer due to growth and wet weather infiltration
and inflow. This project will eliminate one SSO. This project is scheduled to be completed in
349 days.
Motion by Mr. Visintainer seconded by Mr. Buford that proposed Ord. No. 113-11
be introduced.
Motion passed – 6 ayes, no nays
Poll taken: J. Buford aye R. Berry aye
E. Ross aye D. Visintainer aye
J. Goffstein aye G. Feldhaus aye
INTRODUCTION OF PROPOSED ORD. NO. 114-11 APPROPRIATING $160,000.00 FROM
THE OPERATION, MAINTENANCE AND CONSTRUCTION IMPROVEMENT FUND OF
GRAVOIS CREEK TO BE USED FOR PROJECT COSTS FOR THE CONSTRUCTION OF
STORM SEWERS IN ALPINE & RAMBLER STORM SEWER (10522), 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 GAEHLE GRADING LLC FOR THE
AFORESAID STORM SEWER CONSTRUCTION.
Proposed Ord. No. 114-11 was presented and read. The work to be done under
Contract #10627 consists of the construction of approximately 320 lineal feet of pipe sewers
varying in size from 12-inches to 30-inches in diameter and appurtenances. The purpose of this
project is to eliminate a stormwater connection to the sanitary sewer. This project will eliminate
one SSO. This project is scheduled to be completed in 90 days.
Motion by Mr. Feldhaus seconded by Mr. Ross that proposed Ord. No. 114-11 be
introduced.
Motion passed – 6 ayes, no nays
Poll taken: J. Buford aye R. Berry aye
E. Ross aye D. Visintainer aye
J. Goffstein aye G. Feldhaus aye
INTRODUCTION OF PROPOSED ORD. NO. 115-11 APPROPRIATING $110,000.00 FROM
THE OPERATION, MAINTENANCE AND CONSTRUCTION IMPROVEMENT FUND OF
CREVE COEUR – FRONTENAC TO BE USED FOR PROJECT COSTS FOR THE
CONSTRUCTION OF STORM SEWERS IN CONWAY ROAD #11632 STORM SEWER
(10301), IN THE CITY OF WESTWOOD, MISSOURI; AND AUTHORIZING THE EXECUTIVE
DIRECTOR AND SECRETARY-TREASURER ON BEHALF OF THE METROPOLITAN ST.
LOUIS SEWER DISTRICT TO ENTER INTO A CONTRACT WITH KARSTEN EQUIPMENT
CO. FOR THE AFORESAID STORM SEWER CONSTRUCTION.
Proposed Ord. No. 115-11 was presented and read. The work to be done under
Contract #10626 consists of the construction of approximately 658 lineal feet of pipe sewers
varying in size from 12-inches to 18-inches in diameter and appurtenances. The purpose of this
project is to alleviate structure and yard flooding. This project is scheduled to be completed in
60 days.
Motion by Mr. Buford seconded by Mr. Visintainer that proposed Ord. No.115-11
be introduced.
Motion passed – 6 ayes, no nays
Poll taken: J. Buford aye R. Berry aye
E. Ross aye D. Visintainer aye
J. Goffstein aye G. Feldhaus aye
INTRODUCTION OF PROPOSED ORD. NO. 116-11 APPROPRIATING $73,000.00 FROM
THE OPERATION, MAINTENANCE AND CONSTRUCTION IMPROVEMENT FUND OF
FOUNTAIN CREEK TO BE USED FOR PROJECT COSTS FOR THE CONSTRUCTION OF
STORM SEWERS IN GRAHAM ROAD #630 STORM SEWER (10633), IN THE CITY OF
FLORISSANT, MISSOURI; AND AUTHORIZING THE EXECUTIVE DIRECTOR AND
SECRETARY-TREASURER ON BEHALF OF THE METROPOLITAN ST. LOUIS SEWER
DISTRICT TO ENTER INTO A CONTRACT WITH KARSTEN EQUIPMENT CO. FOR THE
CONSTRUCTION OF THE AFORESAID STORM SEWERS.
Proposed Ord. No. 116-11 was presented and read. The work to be done under
Contract #10608 consists of the construction of approximately 74 lineal feet of 15-inch pipe in
tunnel and 86 lineal feet of 15-inch pipe sewers and appurtenances. The purpose of this project
is to alleviate driveway and yard flooding. This project is scheduled to be completed in 60 days.
Motion by Mr. Berry seconded by Mr. Buford that proposed Ord. No. 116-11 be
introduced.
Motion passed – 6 ayes, no nays
Poll taken: J. Goffstein aye J. Buford aye
D. Visintainer aye R. Berry aye
E. Ross aye G. Feldhaus aye
INTRODUCTION OF PROPOSED ORD. NO. 117-11 APPROPRIATING $97,000.00 FROM
THE OPERATION, MAINTENANCE AND CONSTRUCTION IMPROVEMENT FUND OF COLD
WATER CREEK TO BE USED FOR PROJECT COSTS FOR THE CONSTRUCTION OF
STORM SEWERS IN RISSANT DRIVE #39 STORM SEWER (10341), IN THE CITY OF
FLORISSANT, MISSOURI; AND AUTHORIZING THE EXECUTIVE DIRECTOR AND
SECRETARY-TREASURER ON BEHALF OF THE METROPOLITAN ST. LOUIS SEWER
DISTRICT TO ENTER INTO A CONTRACT WITH HEARTLAND CONSTRUCTION &
EXCAVATING FOR THE CONSTRUCTION OF THE AFORESAID STORM SEWERS.
Proposed Ord. No. 117-11 was presented and read. The work to be done under
Contract #10612 consists of the construction of approximately 724 lineal feet of pipe sewers
varying in size from 12-inches to 15-inches in diameter and appurtenances. The purpose of this
project is to alleviate yard flooding. This project is scheduled to be completed in 120 days.
Motion by Mr. Berry seconded by Mr. Buford that proposed Ord. No. 117-11 be
introduced.
Motion passed – 6 ayes, no nays
Poll taken: J. Goffstein aye J. Buford aye
D. Visintainer aye R. Berry aye
E. Ross aye G. Feldhaus aye
INTRODUCTION OF PROPOSED ORD. NO. 118-11 APPROPRIATING $100,000.00 FROM
THE SANITARY REPLACEMENT FUND FOR ENGINEERING SERVICES FOR THE FINAL
DESIGN OF GLAISE AND ROCK CREEK COMBINED SEWER RELIEF (10091) AND
AUTHORIZING THE EXECUTIVE DIRECTOR AND SECRETARY-TREASURER ON BEHALF
OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT TO ENTER IN CONTRACT 10643
WITH CAMP DRESSER & MCKEE, INC. FOR THE AFORESAID ENGINEERING
SERVICES.
Proposed Ord. No. 118-11 was presented and read. The work to be done under
Contract #10643 authorizes the District to enter into contract Amendment No. 8 with Camp
Dresser & McKee, Inc. This amendment will appropriate additional funds for detailed hydraulic
modeling work, which was completed to determine the severity and extent of surcharging,
basement backups, and street flooding within the Glaise Creek and Rock Creek areas of the
combined sewer system. The original contract funding allowed for limited hydraulic model
analysis to identify problems and solutions during large storm events. The additional hydraulic
analysis allowed for the evaluation of localized improvements throughout the areas to mitigate
recurring problems in smaller rain events. The original amount appropriated for this contract
was $1,900,000.00. With the current appropriation of $100,000, the final contract amount will be
$2,000,000.00.
Motion by Mr. Feldhaus seconded by Mr. Visintainer that proposed Ord. No. 118-
11 be introduced.
Motion passed – 6 ayes, no nays
Poll taken: J. Goffstein aye J. Buford aye
D. Visintainer aye R. Berry aye
E. Ross aye G. Feldhaus aye
INTRODUCTION OF PROPOSED ORD. NO. 119-11 DECLARING THE NECESSITY FOR THE
ACQUISITION OF EASEMENTS AND TEMPORARY EASEMENTS 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 BAUMGARTNER & BLACK FOREST SANITARY REPLACEMENT
PHASE I (10066) TO SERVE THE NEEDS OF RESIDENTS OF THE AREA, AND
AUTHORIZING THE ACQUISITION OF SAID EASEMENTS AND TEMPORARY
CONSTRUCTION EASEMENTS BY PURCHASE OR BY THE INSTITUTION OF
CONDEMNATION PROCEEDINGS.
Proposed Ord. No. 119-11 was pulled from the agenda.
INTRODUCTION OF PROPOSED ORD. NO. 120-11 ESTABLISHING A TAX BILL BOUNDARY
FOR PROPERTIES LOCATED ON BOND PLACE AND WEST WATSON ROAD, BOND
PLACE SANITARY SEWERS (S.D. #2010094) (11067(IN THE CITY OF SUNSET HILLS,
MISSOURI.
Proposed Ord. No. 120-11 was presented and read. This ordinance establishes
the tax bill boundary for properties located on Bond Place and West Watson Road in the City of
Sunset Hills. Eight (8) of the twelve (12) parcels (67%) have petitioned the MSD Board of
Trustees to form this special benefit assessment subdistrict to extend public sewers and
upgrade existing private sewers to serve their properties. The service area includes 12 parcels
in the area of the intersection of Bond Place and West Watson using individual septic tanks.
Individual lot areas have been equalized to generate equal tax bills. The Boundary Hearing is
scheduled for Tuesday, March 29, 2011 at 7:00 p.m. at the City of Sunset Hills City Hall
Assembly Room, 3939 S. Lindbergh Blvd., St. Louis, MO 63127.
Motion by Mr. Ross seconded by Mr. Visintainer that proposed Ord. No. 120-11 be
introduced.
Motion passed – 6 ayes, no nays
Poll taken: J. Goffstein aye J. Buford aye
D. Visintainer aye R. Berry aye
E. Ross aye G. Feldhaus aye
INTRODUCTION OF PROPOSED ORD. NO. 121-11 AUTHORIZING THE METROPOLITAN
ST. LOUIS SEWER DISTRICT TO PAY THE FEES OF LASHLY & BAER PC FOR SERVICES
RENDERED AS LEGAL COUNSEL TO THE RATE COMMISSION OF THE METROPOLITAN
ST. LOUIS SEWER DISTRICT.
Proposed Ord. No. 121-11 was presented and read. The MSD Rate Commission
used a Request for Proposal (RFP) process to select a consultant to provide independent legal
advisory services for the MSD Rate Commission. Proposals were solicited from 21 firms. One
(1) firm responded. The Lashly & Baer proposal was responsive to the RFP specifications.
Lashly & Baer also served as the MSD Rate Commission’s legal counsel for the last four rate
change processes. This Ordinance will provide the MSD Rate Commission with legal services
similar to that provided during the prior rate change deliberations in 2007. The MSD Rate
Commission is tentatively expected to begin deliberations of a District wastewater rate change
during the fourth quarter of FY11.
Motion by Mr. Berry seconded by Mr. Buford that proposed Ord. No. 121-11 be
introduced.
Motion passed – 6 ayes, no nays
Poll taken: J. Goffstein aye J. Buford aye
D. Visintainer aye R. Berry aye
E. Ross aye G. Feldhaus aye
INTRODUCTION AND ADOPTION OF PROPOSED ORD. NO. 122-11 APPROPRIATING
$66,000.00 FROM THE SANITARY REPLACEMENT FUND TO BE USED FOR PROJECT
COSTS FOR THE CONSTRUCTION OF GRAND GLAIZE WWTP IMPROVEMENTS –
MEDIUM VOLTAGE SWITCHGEAR (INSTALLATION) (10423); IN THE CITY OF VALLEY
PARK, MISSOURI; AND AUTHORIZING THE EXECUTIVE DIRECTOR AND SECRETARY-
TREASURER ON BEHALF OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT TO
ENTER INTO A CONTRACT WITH BENSON ELECTRIC CO. FOR THE AFORESAID
CONSTRUCTION.
Proposed Ord. No. 122-11 was presented and read. The work to be done under
Contract #10629 consists of the construction of the installation of the new procured electrical
switchgear and appurtenances. The purpose of this project is to install the procured main
electrical switchgear equipment at the Grand Glaize Wastewater Treatment Plant. This project
is scheduled to be completed in 120 days.
Motion by Mr. Visintainer seconded by Mr. Feldhaus that proposed Ord. No. 122-
11 be introduced.
Motion made, seconded and unanimously adopted to suspend the rules to allow
for adoption of proposed Ord. No. 122-11.
Motion made by Mr. Berry, seconded by Mr. Visintainer that proposed Ord. No.
122-11 be adopted.
Motion passed – 6 ayes, no nays
Poll taken: J. Goffstein aye J. Buford aye
D. Visintainer aye R. Berry aye
E. Ross aye G. Feldhaus aye
The Chair declared proposed Ord. No. 109-11 adopted and it was assigned Ordinance No.
13221.
Resolutions
ADOPTION OF RESOLUTION NO. 2962 EXPRESSING THE BOARD OF TRUSTEES’
APPRECIATION TO STEPHEN M. HARRISON FOR HIS 32 YEARS OF EXEMPLARY
SERVICE TO THE METROPOLITAN ST. LOUIS SEWER DISTRICT FROM JUNE 26, 1978,
TO HIS RETIREMENT EFFECTIVE MARCH 1, 2011.
Resolution No. 2962 was presented and read.
ADOPTION OF RESOLUTION NO. 2963 EXPRESSING THE BOARD OF TRUSTEES’
APPRECIATION TO WALTER HUDSON FOR HIS 29 YEARS OF EXEMPLARY SERVICE TO
THE METROPOLITAN ST. LOUIS SEWER DISTRICT FROM OCTOBER 5, 1981, TO HIS
RETIREMENT EFFECTIVE MARCH 1, 2011.
RESOLUTION NO. 2963 was presented and read.
ADOPTION OF RESOLUTION NO. 2964 EXPRESSING THE BOARD OF TRUSTEES’
APPRECIATION TO STEPHEN T. SOURIS FOR HIS 24 YEARS OF EXEMPLARY SERVICE
TO THE METROPOLITAN ST. LOUIS SEWER DISTRICT FROM JANUARY 5, 1978, TO HIS
RETIREMENT EFFECTIVE MARCH 1, 2011.
RESOLUTION NO. 2964 was presented and read.
Motion made by Mr. Berry, seconded by Mr. Buford that Resolution Nos. 2963,
2963 and 2964 be adopted.
Motion passed – voice vote; 6 ayes, no nays
- - - -
Mr. Goffstein indicated that it was time to elect the officers for the next cycle. The
District’s process is that the City Trustees are to nominate the Chair for the next cycle and the
County Trustees will nominate for the Vice Chair. Mr. Visintainer nominated Mr. Berry to be
Chair. Mr. Buford seconded that nomination. No other nominations were placed on the floor.
Mr. Goffstein motioned to close nominations, and Mr. Visintainer seconded.
Motion passed – voice vote; 6 ayes, no nays
Mr. Buford moved that Mr. Berry be nominated as the Chairman. Mr. Visintainer
seconded and motion was passed.
Voice vote; all ayes, no nays.
Mr. Goffstein opened the floor for Vice Chair nominations. Mr. Berry nominated
Mr. Buford to be Vice Chair. Mr. Ross seconded that nomination. No other nominations were
presented to the floor. Mr. Berry moved to close nominations, and Mr. Ross seconded.
Motion passed – voice vote; 6 ayes, no nays
Mr. Berry moved to approve the nomination of Mr. Buford as Vice Chair. Mr. Ross
seconded and motion was passed.
Voice vote; all ayes, no nays.
- - - -
Upon motion made Mr. Feldhaus, seconded by Mr. Visintainer, and unanimously
passed, the meeting adjourned at 5:45 p.m.
Secretary-Treasurer