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HomeMy Public PortalAbout1501st Board Journal 6-9-2011 JOURNAL OF THE (1501st) MEETING OF THE BOARD OF TRUSTEES THE METROPOLITAN ST. LOUIS SEWER DISTRICT June 9, 2011 – 3:00 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 R. T. Berry, Chair J. L. Theerman, Executive Director J. H. Buford, Vice Chair S. E. Myers, General Counsel J. H. Goffstein 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 Tom Sullivan, 35 N. Central; Ed Sweet, Parsons; Tim Tappendorf, CMT; Robert Bella, HDR; Ronny Griffin Local 110 Laborers; Mark Eshelman, M3 Engineering; David Cavender, Horner & Schifrin; Joseph Crispin; Justin Smith, SHB; Steve Polk, Stormwater STL; Bentley Green, Black & Veatch; Lawrence Nwachukwu, Basilico Engineering; Maria Altman, St. Louis Public Radio; Jeff King, CDI; Brian Vestal, GB; Marlon Walker, Post-Dispatch; Nicole Young, CDM; Rob Kuenzel, RJN; Bob Janus, RJN; Ron Krusie, Burns & Mac; Evan Young, Call Newspapers; Pam Hobbs, Geotechnology; Bob Welch, Static; Jon Bergenthal, Jacobs; Will Krussel, PB; Sarah Turner, Gonzalez; Terry Briggs, SITE; Jeff Rinsing, Oates; Jim Cull, Jacobs; Alan Tucker, MSD; Todd Bolted, MSD; Kristol Whatley, MSD; Denis Simon, MSD; Marie Collins, Asst. Director of Engineering; 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. Berry opened the meeting pursuant to notice and call. - - - - Motion made by Mr. Visintainer, 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: D. Visintainer aye R. Berry aye J. Goffstein aye E. Buford aye G. Feldhaus aye Mr. Ross arrived at the start of closed session. During closed session staff and outside counsel summarized the status and various aspects related to the EPA Case and mediation discussions pursuant to§610.021(1), RSMO 1988 SUPP. Mr. Berry motioned to authorize and direct the Executive Director and General Counsel to execute the necessary agreements, and to bring to the Board in open session the necessary legal measures, to execute a consent decree with the United States of America and the Missouri Coalition for the Environment. Motion seconded by both Messrs. Buford and Visintainer. Motion passed – 6 ayes, no nays Poll taken: E. Ross aye D. Visintainer aye R. Berry aye J. Goffstein aye G. Feldhaus aye J. Buford aye There was also a status update discussion between staff and the Board regarding the appeal of the Zweig V. MSD case (Storm Water rate Case) discussions pursuant to§610.021(1), RSMO 1988 SUPP. No votes were taken on this issue. Motion made by Mr. Buford, seconded by Mr. Visintainer, 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 G. Feldhaus aye J. Buford aye - - - - Upon motion made by Mr. Buford, seconded by Mr. Visintainer, the Journal of the May 12, 2011 meeting was approved by unanimous voice vote. - - - - The Chair had no comments. - - - - Mr. Visintainer reported that the Program Management Committee met on May 31, 2011 at 7:30 a.m. The meeting was attended by Trustees Visintainer, Berry, and Ross. The minutes of the May 3, 2011 meeting were approved. The agenda items to be introduced tonight were presented and discussed, including a detailed discussion regarding the following items: Item 40 – Coldwater Storage Facility Tank A – This project includes proposed revisions to the MWBE Program as will be submitted to the Board for their consideration. The two main revisions are how suppliers are counted for participation and an EEO work force program. This project was bid prior to the approval of the new MWBE Program by the Board in order to meet regulatory schedules and schedule commitments to the City of St. Ann. Item 41 – Infrastructure Repairs (FY2012) – This appropriation provides funding for small repair projects throughout the year. In response to a question by the Committee, staff reported that the MWBE participation in this program for FY2011 was 18%. Item 43 – Watershed Facility Planning (FY2012) – This appropriation is for the first of two option years for this project. Staff reviewed the project scope and manpower required for FY2012. FY2011 accomplishments are also included in the write-up. Staff indicated that the funds for this project need to be transferred from the Sanitary Replacement Fund to the General Fund before appropriation in order to meet GASB requirements. Staff responded to questions from the Committee about the financial reporting for this work. Item 45 – Brightwell Sanitary Relief – Staff is requesting introduction and adoption of this ordinance to better assure compliance with regulatory deadlines. The Committee expressed no concerns with proceeding with introduction and adoption of this ordinance. Staff then presented information on the impact of SSOs on water quality as previously requested by the Committee. Staff presented information on three SSO locations. Though data is very limited and of questionable accuracy due to the low number of data points and the difficulty in obtaining consistent grab samples, the results to date indicate that anticipated water quality standards may not be met during dry weather. Also, water quality degrades during wet weather, whether or not a SSO activates, although activation of a SSO during wet weather may further degrade downstream water quality. The Committee directed staff to continue collecting data at these sites. The meeting was adjourned at 8:10 a.m. - - - - Mr. Ross reported that the Audit Committee met on June 7, 2011 at 7:30a.m. In attendance were Trustees Buford, Berry, Ross and Visintainer. The Committee approved the minutes from the prior meeting. Mr. Steve Marr from Stone Carlie provided the attendees with a copy of the General Computing Controls Review Pump and Treatment Station Process Computing Report. He discussed the scope and objectives of the project and provided details of the observations, recommendations and corrective actions to be made from the review. In addition, he stated District management agreed with the observations and corrective actions recommended. Mr. Bob Lesko of Jefferson Wells provided the attendees with a copy of the Collection Services Audit Report. In addition, he discussed the focus and approach of the project. He indicated that one of the four collection agencies is not meeting the 20% MBE/WBE requirements. He also indicated the month-end reports that this agency has provided continue to contain errors that cause the District to expend additional resources to resolve issues. Mr. Lesko concluded his report with the recommendation for the District to consider replacing this agency with another collection agency. Management acknowledged and agreed with the observations and will take the appropriate measures and responsibility for implementing the corrective actions. Mr. Tyminski updated the committee on the status of the 2012 Internal Audit Firm selection process and after oral interviews staff is recommending the use of Brown Smith & Wallace, and Deloitte & Touche for the upcoming audit work that is to take place. Mr. Tyminski advised the Committee that the need for a Temporary Full Time Audit person on a contract basis would be needed, given the time constraints with Treasury staff available in light of Rate Commission Hearing, Bond Issuances, follow up on open audit issues, and Bond Election authorization anticipated taking place in the next six months. - - - - Mr. Buford reported that the Finance Committee met on June 7, 2011. In attendance were Trustees Buford, Visintainer, Ross and Berry. The Committee approved minutes from the May 10, 2011meeting. Mrs. Zimmerman reported on the current financial condition of the District indicating that through April 30, 2011 the Budget Variance report shows a forecast of 4% under budget for FY11. She stressed that the actual and projected revenue and expense would continue to be closely monitored given the current economic conditions. Trustees felt that any surplus could be used to advance the CIRP program. Mrs. Zimmerman presented the April 2011 ARC report and asked it be entered into the record after discussion of settlement of largest delinquent account for $139,075. The Committee unanimously accepted the report into the record. Mr. Tyminski updated the committee on the delay of the Bond issue in light of the pending Consent Decree with the EPA and the potential for negative arbitrage. He indicated that short-term borrowing might be in order so that the District can continue to meet the regulatory requirements schedule, and not to incur the negative arbitrage by issuing Bonds sooner than monies are spent. He stated that the required information to update the Public Offering Statement used to sell the Bonds was continuing to be gathered and reviewed with Investment Advisor and Bond Counsel. Mr. Tyminski also indicated that given the required disclosure when issuing Municipal Bonds that it would be necessary to get a second opinion on the disclosure in the upcoming issue to insure compliance with disclosure laws. He also stated that the Ordinance and Resolutions would come before the Committee and the full Board in July and August for approval. Mr. Tyminski indicated that Pension manager interviews of the two firms would be taking place in the next week for the Emerging Market Debt allocation in the pension plan. He also noted that one of the firms has dropped out of the contention. Board members are invited to attend the interviews of the two potential mangers being considered. - - - - Mr. Goffstein reported that the Stakeholder Relations Committee met at the District’s Headquarters on May 19, 2011, at 7:30am. In attendance were Trustees Visintainer, as well as District Directors, staff and members of the public. First on the Agenda was a presentation by Ms. Kyna Iman, State Legislative/Lobbying Representative for the District. Ms. Iman discussed the success of the current Legislative Session, which ended May 13, 2011. All programs, bills, and resolutions of interest or importance to the District had passed during this session. No action is required at this time. Next, Ms. Edwards presented modifications to the MWBE policy, including contract language, requirements and monitoring of participation. The discussion was for information purposes only and no action is required at this time. The changes to the MWBE program will be presented to the Board later in June. Finally, Mr. Theerman and Ms. Zimmerman led a discussion regarding the Rate Commission Process. Ms. Zimmerman began the discussion by illustrating the timelines established for the process and indicated that a proposal had been submitted on May 10th and direct testimony submitted on May 13th. Mr. Theerman continued the discussion regarding the subsequent Board processes and ballot requirements. This presentation will be included in the Executive Director's report at the June Board meeting. The meeting was adjourned at 8:15a.m. - - - - Mr. Visintainer reported that at the Budget, User Charge, Capital Improvement and Replacement and Tax Rate Public Hearing held on May 5, 2011 a Finding of Fact Committee consisting of Trustees Buford, Visintainer, Ross and Berry was appointed to determine that the proposed taxes should be levied, assessed and collected as recommended by staff. The members of this Committee have reviewed the proposed tax rates and conclude that these taxes are necessary to be levied, assessed and collected in the amounts requested to meet the District’s operating and capital requirements of both the District and of the various sub-districts. - - - - The Executive Director reported that On June 11, 2007 the United States and the State of Missouri filed a civil suit against the District for alleged violations of the Clean Water Act. For the past four years, the District has been in negotiations with the plaintiffs, their attorneys and an intervener, the Missouri Coalition for the Environment. Item 44 on tonight’s agenda is the introduction of an ordinance that would allow the District to enter into a settlement, or a Consent Decree, with the United States and the Missouri Coalition for the Environment. The State of Missouri, in spite of being involved in these negotiations has chosen not to sign the consent decree. This settlement will place St. Louis in a position to achieve compliance with the Clean Water Act through a multi-decade schedule without further litigation. This is consistent with agreements made in numerous other cities such as Kansas City, Indianapolis, Cincinnati, Baltimore, Los Angeles, Atlanta, Washington DC and many others. Aspects of the proposed agreement are listed on the page 16 detail sheet, which is included in the Board Agenda. The settlement resolves all issues raised in the plaintiff’s complaint and includes a 23 year schedule which will allow the time necessary to the achieve compliance with the clean water act. The District estimates that the capital program required to achieve compliance with this agreement will cost $4.7 billion in 2011 dollars. Included in this number is remaining master planning work as well as design and construction of remedial measures required to achieve compliance, implementation of the District’s CSO long term control plan recently approved by state regulators, use of green infrastructure in abating CSO discharges, a Capacity, Management, Operations and Maintenance program designed to optimally manage the collection system, as well as extensive progress reporting. Also included is a civil penalty of $1.2 million, supplemental environmental projects related to low-income lateral repair and septic tank elimination of $1.6 million, and a settlement of the Coalitions claim for costs in the amount of $116,050.00. Tonight the Board will entertain introduction of this ordinance. If introduced, the Board plans to hold a special Board Meeting to consider adoption on June 29th at 7:30a here in this room. As mentioned in the Stakeholders Committee report, we have planned to present a brief presentation on the rate change notice submitted to the Rate Commission on May 10th. Mr. Chair, I suggest delaying that presentation until after the business portion of the meeting is conducted. - - - - Mr. Tom Sullivan addressed the Board and expressed concern about the lack of advertising for the recently filed Civil Service member position. He noted that the District only advertised on the website but did not advertise in the newspapers or on radio. There was a discussion between Mr. Sullivan and Trustee Goffstein about an applicant for a Rate Commission seat. Mr. Goffstein pointed out that his firm does not represent the Building Trades Council. - - - - CONSENT AGENDA ADOPTION OF PROPOSED ORD. NO. 137-11 (ORDINANCE NO. 13247) APPROPRIATING $740,000.00 FROM THE SANITARY REPLACEMENT FUND TO BE USED FOR PROJECT COSTS FOR SEWER SEPARATION IN THE CSO – MACKLIND OUTFALL L-062 SEPARATION (10159), 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 MB MITCHELL, LLC FOR THE AFORESAID SEWER SEPARATION. ADOPTION OF PROPOSED ORD. NO. 138-11 (ORDINANCE NO. 13248) APPROPRIATING $138,000.00 FROM THE OPERATION, MAINTENANCE AND CONSTRUCTION IMPROVEMENT FUND OF COLDWATER CREEK TO BE USED FOR PROJECT COSTS FOR CREEKBANK STABILIZATION IN THUNDERBIRD DRIVE BANK STABILIZATION (10201), 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 R.V. WAGNER, INC. FOR THE AFORESAID CREEKBANK STABILIZATION. ADOPTION OF PROPOSED ORD. NO. 139-11 (ORDINANCE NO. 13249) APPROPRIATING $580,000.00 FROM THE OPERATION, MAINTENANCE AND CONSTRUCTION IMPROVEMENT FUND OF MALINE CREEK TO BE USED FOR PROJECT COSTS FOR THE CONSTRUCTION OF STORM SEWERS IN LADA AVENUE STORM SEWER (10287) 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 ESSEX CONTRACTING, INC. FOR THE AFORESAID STORM SEWER CONSTRUCTION. ADOPTION OF PROPOSED ORD. NO. 140-11 (ORDINANCE NO. 13250) APPROPRIATING $1,000,000.00 FROM THE SANITARY REPLACEMENT FUND TO BE USED FOR PROJECT COSTS FOR THE REHABILITATION OF SANITARY SEWERS IN GLENDALE SECTION D SANITARY RELIEF PHASE II (SKME-624) (I/I REDUCTION) (10457) IN THE CITY OF GLENDALE, 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 AFORESAID REHABILITATION. ADOPTION OF PROPOSED ORD. NO. 141-11 (ORDINANCE NO. 13251) APPROPRIATING $370,000.00 FROM THE SANITARY REPLACEMENT FUND TO BE USED FOR PROJECT COSTS FOR POWER SUPPLY IMPROVEMENTS AT VARIOUS SANITARY PUMP STATIONS PHASE III (10364) IN THE CITIES OF OLIVETTE, FENTON, AND 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 R.V. WAGNER, INC. FOR THE AFORESAID CONSTRUCTION. ADOPTION OF PROPOSED ORD. NO. 142-11 (ORDINANCE NO. 13252) APPROPRIATING $3,300,000.00 FROM THE SANITARY REPLACEMENT FUND TO BE USED FOR PROJECT COSTS FOR THE CONSTRUCTION OF SANITARY RELIEF SEWERS IN VALLEY SANITARY RELIEF (SKME-014) PHASE II (10147) IN THE CITIES OF BALLWIN, CHESTERFIELD, AND CLARKSON VALLEY, MISSOURI; AND AUTHORIZING THE EXECUTIVE DIRECTOR AND SECRETARY-TREASURER ON BEHALF OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT TO ENTER INTO A CONTRACT WITH KOLB GRADING, INC. FOR THE AFORESAID CONSTRUCTION. ADOPTION OF PROPOSED ORD. NO. 143-11 (ORDINANCE NO. 13253) APPROPRIATING $2,400,000.00 FROM THE SANITARY REPLACEMENT FUND TO BE USED FOR PROJECT COSTS FOR SANITARY AND STORM SEWER CONSTRUCTION IN CSO – MCKNIGHT RD SE OF HWY 40 CSO INTERCEPTOR (I-292)/OUTFALL (10141), IN THE CITIES OF BRENTWOOD, LADUE AND RICHMOND HEIGHTS, MISSOURI; AND AUTHORIZING THE EXECUTIVE DIRECTOR AND SECRETARY-TREASURER ON BEHALF OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT TO ENTER INTO A CONTRACT WITH FRED M. LUTH & SONS, INC. FOR THE AFORESAID CONSTRUCTION. ADOPTION OF PROPOSED ORD. NO. 144-11 (ORDINANCE NO. 13254) APPROPRIATING $168,000.00 FROM THE SANITARY REPLACEMENT FUND TO BE USED FOR PROJECT COSTS FOR THE CONSTRUCTION OF STORM SEWERS IN ARLEE & HOFFMEISTER STORM SEWER (10389) 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 FRED M. LUTH & SONS, INC. FOR THE AFORESAID CONSTRUCTION. ADOPTION OF PROPOSED ORD. NO. 145-11 (ORDINANCE NO. 13255) APPROPRIATING $134,000.00 FROM THE OPERATION, MAINTENANCE AND CONSTRUCTION IMPROVEMENT FUND OF DEER CREEK TO BE USED FOR CREEKBANK STABILIZATION FOR FIELDING ROAD #10 CHANNEL IMPROVEMENTS (10602), IN THE CITY OF 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 LANDESIGN, LLC FOR THE AFORESAID CREEKBANK STABILIZATION. ADOPTION OF PROPOSED ORD. NO. 146-11 (ORDINANCE NO. 13256) APPROPRIATING $260,000.00 FROM THE OPERATION, MAINTENANCE AND CONSTRUCTION IMPROVEMENT FUND OF COLDWATER CREEK TO BE USED FOR PROJECT COSTS FOR THE CONSTRUCTION OF STORM SEWERS IN LINDSCOTT STORM SEWER (10307), IN THE CITY OF ST. JOHN, 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. 147-11 (ORDINANCE NO. 13257) APPROPRIATING $580,000.00 FROM THE OPERATION, MAINTENANCE AND CONSTRUCTION IMPROVEMENT FUND OF BLACK CREEK TO BE USED FOR CREEK-BANK STABILIZATION IN NORMTON DRIVE BANK STABILIZATION (10200), IN THE CITY OF 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 WEHMEYER FARMS, INC. FOR THE CONSTRUCTION OF THE AFORESAID CREEKBANK STABILIZATION. ADOPTION OF PROPOSED ORD. NO. 148-11 (ORDINANCE NO. 13258) APPROPRIATING $515,000.00 FROM THE OPERATION, MAINTENANCE AND CONSTRUCTION IMPROVEMENT FUND OF BLACK CREEK TO BE USED FOR PROJECT COSTS FOR CREEKBANK STABILIZATION FOR WENNEKER – TREEBROOK LANE STORM CHANNEL (10228), IN THE CITY OF 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 IDEAL LANDSCAPE GROUP FOR THE CONSTRUCTION OF THE AFORESAID STORM SEWERS. ADOPTION OF PROPOSED ORD. NO. 149-11 (ORDINANCE NO. 13259) APPROPRIATING $320,000.00 FROM THE OPERATION, MAINTENANCE AND CONSTRUCTION IMPROVEMENT FUND OF DEER CREEK AND $10,000.00 FROM THE STORMWATER FACILITIES FUND FOR STORMWATER PLANNING SERVICES FOR GENERAL SERVICES AGREEMENT – STORMWATER PLANNING (FY2011) (10624) AND AUTHORIZING THE EXECUTIVE DIRECTOR AND SECRETARY-TREASURER ON BEHALF OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT TO ENTER INTO CONTRACT NO. 10409 WITH PARSONS WATER & INFRASTRUCTURE, INC. FOR THE AFORESAID STORMWATER PLANNING SERVICES. ADOPTION OF PROPOSED ORD. NO. 150-11 (ORDINANCE NO. 13260) TO EXTEND THE BOUNDARIES OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT TO INCLUDE AN AREA OF ST. LOUIS COUNTY, WHICH COULD BE EFFICIENTLY, SERVED BY THE SEWER OR DRAINAGE FACILITIES OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT. ADOPTION OF PROPOSED ORD. NO. 151-11 (ORDINANCE NO. 13261) REPEALING ORDINANCE NO. 13050, AS ADOPTED MARCH 11, 2010, AND ENACTING A NEW ORDINANCE IN LIEU THEREOF, PRESCRIBING THE CLASSIFICATION PLAN FOR ALL EMPLOYEES IN THE CLASSIFIED SERVICE OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT, AND DESIGNATING THOSE CLASSIFICATIONS, WHICH ARE ELIGIBLE FOR PAYMENT OF OVERTIME COMPENSATION. ADOPTION OF PROPOSED ORD. NO. 152-11 (ORDINANCE NO. 13262) REPEALING ORDINANCE NO. 12690, ADOPTED JULY 10, 2008 AND ENACTING A NEW ORDINANCE IN LIEU THEREOF, PRESCRIBING A COMPENSATION PLAN FOR ALL CLASSIFIED AND UNCLASSIFIED POSITIONS OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT, EXCEPT THE POSITIONS OF EXECUTIVE DIRECTOR, SECRETARY-TREASURER AND INTERNAL AUDITOR. ADOPTION OF PROPOSED ORD. NO. 153-11 (ORDINANCE NO. 13263) AWARDING A CONTRACT TO F.M. GLOBAL INSURANCE COMPANY (MCGRIFF, SEIBELS & WILLIAMS, OF MISSOURI INC., AGENT) FOR THE DISTRICT’S PRIMARY PROPERTY, BOILER AND MACHINERY INSURANCE COVERAGE FROM JULY 1, 2011 TO JUNE 30, 2012. ADOPTION OF PROPOSED ORD. NO. 154-11 (ORDINANCE NO. 13264) AWARDING A CONTRACT TO F.M. GLOBAL INSURANCE COMPANY (MCGRIFF, SEIBELS & WILLIAMS, OF MISSOURI INC., AGENT) FOR THE DISTRICT’S EXCESS FLOOD & EARTH MOVEMENT INSURANCE COVERAGE FROM JULY 1, 2011 TO JUNE 30, 2012. ADOPTION OF PROPOSED ORD. NO. 155-11 (ORDINANCE NO. 13265) AUTHORIZING THE EXECUTIVE DIRECTOR AND SECRETARY-TREASURER ON BEHALF OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT TO EXECUTE ALL DOCUMENTS NECESSARY IN ORDER TO PROCURE FLOOD INSURANCE FROM THE NATIONAL FLOOD INSURANCE PROGRAM (FEDERAL EMERGENCY MANAGEMENT AGENCY) DURING THE PERIOD OF JULY 1, 2011 TO JUNE 30, 2012, FOR THE BUILDINGS AND CONTENTS AT CERTAIN SPECIFIED DISTRICT LOCATIONS. ADOPTION OF PROPOSED ORD. NO. 156-11 (ORDINANCE NO. 13266) AWARDING A CONTRACT TO FEDERAL (CHUBB) INSURANCE COMPANY (MCGRIFF, SEIBELS & WILLIAMS, OF MISSOURI INC., AGENT) FOR THE DISTRICT’S FIDUCIARY LIABILITY INSURANCE FROM JULY 1, 2011 TO JUNE 30, 2012. ADOPTION OF PROPOSED ORD. NO. 157-11 (ORDINANCE NO. 13267) AWARDING A CONTRACT TO FEDERAL (CHUBB) INSURANCE COMPANY (MCGRIFF, SEIBELS & WILLIAMS, OF MISSOURI INC., AGENT) FOR THE DISTRICT’S COMMERCIAL CRIME INSURANCE COVERAGE FROM JULY 1, 2011 TO JUNE 30, 2012. ADOPTION OF PROPOSED ORD. NO. 158-11 (ORDINANCE NO. 13268) AWARDING A CONTRACT TO MISSOURI UNDERGROUND STORAGE TANK INSURANCE FUND FOR THE DISTRICT’S UNDERGROUND STORAGE TANK INSURANCE COVERAGE FROM JULY 1, 2011 TO JUNE 30, 2012. ADOPTION OF PROPOSED ORD. NO. 159-11 (ORDINANCE NO. 13269) AWARDING A CONTRACT TO ZURICH (STEADFAST) INSURANCE COMPANY (MCGRIFF, SEIBELS & WILLIAMS, OF MISSOURI INC., AGENTS) FOR THE DISTRICT’S MAJOR FACILITY POLLUTION LIABILITY INSURANCE FROM JULY 1, 2011 TO JUNE 30, 2012. ADOPTION OF PROPOSED ORD. NO. 160-11 (ORDINANCE NO. 13270) AWARDING A CONTRACT TO ZURICH (STEADFAST) INSURANCE COMPANY (MCGRIFF, SEIBELS & WILLIAMS OF MISSOURI, INC., AGENT) FOR THE DISTRICT’S BLOCKED MAIN AND OVERCHARGED SEWER LINE BACKUP INSURANCE COVERAGE FROM JULY 1, 2011 TO JUNE 30, 2012. ADOPTION OF PROPOSED ORD. NO. 161-11 (ORDINANCE NO. 13271) AWARDING A CONTRACT TO TRAVELERS INSURANCE COMPANIES (MCGRIFF, SEIBELS & WILLIAMS OF MISSOURI, INC., AGENT) FOR THE DISTRICT’S AUTO LIABILITY INSURANCE PROGRAM COVERAGE FROM JULY 1, 2011 TO JUNE 30, 2012. ADOPTION OF PROPOSED ORD. NO. 162-11 (ORDINANCE NO. 13272) AWARDING A CONTRACT TO RLI INSURANCE COMPANY (MCGRIFF, SEIBELS & WILLIAMS, OF MISSOURI INC., AGENT) FOR THE DISTRICT’S CONTRACTORS EQUIPMENT (INLAND MARINE) INSURANCE PROGRAM FROM JULY 1, 2011 TO JUNE 30, 2012. ADOPTION OF PROPOSED ORD. NO. 163-11 (ORDINANCE NO. 13273)REPEALING AND SUPERSEDING ORDINANCE NO. 13213 ADOPTED FEBRUARY 10, 2011, AND MAKING APPROPRIATIONS IN FOR THE CURRENT EXPENSES OF THE DISTRICT IN THE GENERAL FUND, THE WATER BACKUP INSURANCE & REIMBURSEMENT FUND, THE IMPROVEMENT FUND, THE SANITARY REPLACEMENT FUND, THE STORMWATER OPERATIONS, MAINTENANCE AND CONSTRUCTION IMPROVEMENT FUNDS, THE EMERGENCY FUNDS, THE DEBT SERVICE FUNDS, AND THE WASTEWATER REVENUE BOND SERVICE FUNDS FOR THE FISCAL YEAR BEGINNING JULY 1, 2011 AND ENDING JUNE 30, 2012, AMOUNTING IN THE AGGREGATE $208,253,663 TO PAY INTEREST FALLING DUE ON BONDS ISSUED, THE COSTS OF SUPPORT, OPERATION, AND MAINTENANCE OF THE DISTRICT AND ITS VARIOUS SUBDISTRICTS, AND EMERGENCIES. ADOPTION OF PROPOSED ORD. NO. 164-11 (ORDINANCE NO. 13274) DETERMINING THE AMOUNT OF TAXES WHICH SHALL BE LEVIED, ASSESSED, AND COLLECTED IN THE YEAR 2011 ON ALL TAXABLE TANGIBLE PROPERTY IN THE DISTRICT WITHIN THE CORPORATE LIMITS OF THE CITY OF ST. LOUIS AND ST. LOUIS COUNTY, RESPECTIVELY, AND IN SUBDISTRICTS WITHIN THE CORPORATE LIMITS OF ST. LOUIS COUNTY AS FOLLOWS: COLDWATER CREEK TRUNK SUBDISTRICT, GRAVOIS CREEK TRUNK SUBDISTRICT, MALINE CREEK TRUNK SUBDISTRICT, WATKINS CREEK TRUNK SUBDISTRICT, SUBDISTRICT NO. 88 (FOUNTAIN CREEK), SUBDISTRICT NO. 89 (LORETTA-JOPLIN), SUBDISTRICT NO. 342 (CLAYTON-CENTRAL), SUBDISTRICT NO. 366 (UNIVERSITY CITY BRANCH OF RIVER DES PERES STORMWATER SUBDISTRICT), SUBDISTRICT NO. 367 (DEER CREEK STORMWATER SUBDISTRICT), SUBDISTRICT NO. 369 (SUGAR CREEK), SUBDISTRICT NO. 448 (MISSOURI RIVER – BONFILS), SUBDISTRICT NO. 449 (MERAMEC RIVER BASIN – M.S.D. SOUTHWEST), SUBDISTRICT NO. 453 (SHREWSBURY BRANCH OF RIVER DES PERES), SUBDISTRICT NO. 454 (SEMINARY BRANCH OF RIVER DES PERES), SUBDISTRICT NO. 455 (BLACK CREEK), SUBDISTRICT NO. 1 OF THE RIVER DES PERES WATERSHED (CREVE COEUR- FRONTENAC AREA), SUBDISTRICT NO. 4 OF THE RIVER DES PERES WATERSHED (NORTH AFFTON AREA) AND SUBDISTRICT NO. 7 OF THE RIVER DES PERES WATERSHED (WELLSTON AREA). ADOPTION OF PROPOSED ORD. NO. 165-11 (ORDINANCE NO. 13275) AUTHORIZING THE EXECUTIVE DIRECTOR AND SECRETARY-TREASURER ON BEHALF OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT TO ENTER INTO A CONTRACT WITH CARDINAL POINT PARTNERS, LLC, WHEREBY CARDINAL POINT PARTNERS, LLC WILL PROVIDE FEDERAL LEGISLATIVE SERVICES FOR THE DISTRICT. Plan Approval Elton Pump Station (P-307) Elimination (10591) This project, located north of Gravois Road and West of River Des Peres Boulevard in unincorporated St. Louis County and the City of St. Louis, is to construct a gravity sewer and eliminate a pump station. This project is in the Fiscal Year 2012 Budget and the estimated construction cost is $353,000. Motion made by Mr. Visintainer, 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. 137-11, 138-11, 139- 11, 140-11, 141-11, 142-11, 143-11, 144-11, 145-11, 146-11, 147-11, 148-11, 149-11, 150-11, 151-11, 152-11, 153-11, 154-11, 155-11, 156-11, 157-11, 158-11, 159-11, 160-11, 161-11, 162- 11, 163-11, 164-11 and 165-11 were assigned Ordinance Nos. 13247, 13248, 13249, 13250, 13251, 13252, 13253, 13254, 13255, 13256, 13257, 13258, 13259, 13260, 13262, 13263, 13264, 13265, 13266, 13267, 13268, 13269, 13270, 13271, 13272, 13273, 13274, 13275 and 13276. - - - - UNFINISHED BUSINESS Ordinances None Resolutions None - - - - NEW BUSINESS Ordinances INTRODUCTION OF PROPOSED ORD. 166-11 APPROPRIATING $10,600,000.00 FROM THE SANITARY REPLACEMENT FUND TO BE USED FOR PROJECT COSTS FOR THE CONSTRUCTION OF SANITARY SEWERS IN COLDWATER SANITARY RELIEF SECTION B, C & D WET WEATHER STORAGE FACILITY TANK A (10434) IN THE CITY OF ST. ANN, MISSOURI; AND AUTHORIZING THE EXECUTIVE DIRECTOR AND SECRETARY- TREASURER ON BEHALF OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT TO ENTER INTO A CONTRACT WITH GOODWIN BROTHERS CONSTRUCTION CO., INC. FOR THE AFORESAID CONSTRUCTION. Proposed Ord. No. 166-11 was presented and read. The work to be done under Contract #10651 consists of the construction of a 180 foot diameter storage tank having a 6 million gallon capacity, control building, pump station, diversion structure, and odor control system. The purpose of this project is to alleviate overloaded sanitary sewers. This project will eliminate one (1) SSO (BP-538) and future elimination of five (5) SSOs within the Coldwater Creek Watershed upon completion of several other sewer projects in conjunction with Storage Tank A. This project is scheduled to be completed in 500 days. Motion made by Mr. Feldhaus, seconded by Mr. Visintainer that proposed Ord. No. 166-11 be introduced. Motion passed – 6 ayes, no nays Poll taken: J. Goffstein aye R. Berry aye E. Ross aye D. Visintainer aye J. Buford aye G. Feldlhaus aye INTRODUCTION OF PROPOSED ORD. NO. 167-11 APPROPRIATING $1,000,000.00 FROM THE SANITARY REPLACEMENT FUND FOR INFRASTRUCTURE REPAIRS (SANITARY/COMBINED - FY2012) (10663) IN THE CITY OF ST. LOUIS AND ST. LOUIS COUNTY, MISSOURI. Proposed Ord. No. 167-11 was presented and read. The work to be done consists of the repair/replacement and construction of manholes, sewers, and other infrastructure as identified by the Operations and Engineering departments at various locations throughout the District. Motion by Mr. Buford, seconded by Mr. Feldhaus that proposed Ord. No. 167-11 be introduced. Motion passed – 6 ayes, no nays Poll taken: J. Goffstein aye R. Berry aye E. Ross aye D. Visintainer aye J. Buford aye G. Feldhaus aye INTRODUCTION OF PROPOSED ORD. NO. 168-11 APPROPRIATING $300,000.00 FROM THE SANITARY REPLACEMENT FUND TO BE USED FOR PROJECT COSTS FOR THE CONSTRUCTION OF COLDWATER WET WEATHER STORAGE FACILITY TANK A (ENGINEERING CONSTRUCTION SERVICES) (10434), IN THE CITY OF ST. ANN MISSOURI, AND AUTHORIZING THE EXECUTIVE DIRECTOR AND SECRETARY- TREASURER ON BEHALF OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT TO ENTER INTO AMENDMENT NO. 10 TO CONTRACT E-1055 WITH CRAWFORD MURPHY & TILLY, INC., INC. FOR THE AFORESAID CONSTRUCTION. Proposed Ord. No. 168-11 was presented and read. The work to be done under Contract #10671 authorizes the District to enter into Amendment No. 10 with Crawford Murphy & Tilly Inc. This supplemental appropriation will provide necessary funds for the engineering construction phase services for a pump station, storage tank, diversion structures, control building, and appurtenances. The construction cost estimate is $12,300,000. The funds required for engineering construction phase services is $350,000. There is $116,894.00 currently remaining in the contract appropriation for the Design that will be used for this project and to complete outstanding system planning work. Motion by Mr. Feldhaus, seconded by Mr. Visintainer that proposed Ord. No. 168- 11 be introduced. Motion passed – 6 ayes, no nays Poll taken: J. Goffstein aye R. Berry aye E. Ross aye D. Visintainer aye J. Buford aye G. Feldhaus aye INTRODUCTION OF PROPOSED ORD. NO. 169-11 TRANSFERRING $5,000,000.00 FROM THE SANITARY REPLACEMENT FUND TO THE GENERAL FUND; MAKING A SUPPLEMENTAL APPROPRIATION OF $5,000,000.00 FROM THE GENERAL FUND FOR ADDITIONAL ENGINEERING SERVICES FOR PLANNING FUNCTIONS IN WATERSHED FACILITY PLANNING (FY2012) (10230); AND AUTHORIZING THE EXECUTIVE DIRECTOR AND SECRETARY-TREASURER ON BEHALF OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT TO ENTER INTO AMENDMENT NO. 8 TO CONTRACT E-1216 WITH JACOBS ENGINEERING GROUP, INC. FOR THE AFORESAID ENGINEERING SERVICES. Proposed Ord. No. 169-11 was presented and read. The work to be done under Contract #10404 authorizes the District to enter into Amendment No. 8 with Jacobs Engineering Group Inc. The purpose of the contract is to provide the necessary planning staff of 83 individuals (22.2 FTEs) to support the District’s planning staff to maintain the District’s planning program for the following services: · Combined Sewer Overflow (CSO) Program 1. Complete FY2011 Nine Minimum Control update report 2. Provide responses to regulatory review comments on the updated Long Term Control Plan report 3. Provide support for green infrastructure planning or design · Sanitary Sewer Overflow (SSO) Program 1. Complete 12 preliminary study reports 2. Continue to support HYDRA modeling for 5 watershed models 3. Assist in the management and analysis of 70 I/I reports 4. Assist in CCTV evaluation and GIS mapping. 5. Continue to assist in development of watershed plans for Coldwater Creek, Deer Creek, Maline Creek, Gravois Creek, University City, Fishpot Creek, Kiefer Creek, Grand Glaize Creek, Mattese Creek, Martigney Creek, Mackenzie Creek, Creve Coeur Creek, and Bonfils watersheds; Spanish Lake, Watkins Creek, Fee Fee Creek, Caulks Creek, and Fenton Creek watersheds; Missouri River sub-areas, Bissell sub-areas, and Lower Meramec sub-areas 6. Provide support for Cityshed planning 7. Finalize capital improvement plans for seven (7) Wastewater Treatment Plants · Continue providing resources and support to address regulatory requests and eleven (11) other smaller technical tasks. Resources may be adjusted as required by program needs. This is the first option year of a four-year contract program with two option years. Current planned appropriation for final option year is $5,100,000.00. Motion by Mr. Feldhaus seconded by Mr. Ross that proposed Ord. No. 169-11 be introduced. Motion passed – 6 ayes, no nays Poll taken: J. Goffstein aye R. Berry aye E. Ross aye D. Visintainer aye J. Buford aye G. Feldhaus aye INTRODUCTION OF PROPOSED ORD. NO. 170-11 AUTHORIZING THE EXECUTIVE DIRECTOR AND GENERAL COUNSEL AND ON BEHALF OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT TO EXECUTE A FEDERAL CONSENT DECREE WITH THE UNITED STATES OF AMERICA, ACTING AT THE REQUEST AND ON BEHALF OF THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (“EPA”), AND THE MISSOURI COALITION FOR THE ENVIRONMENT (THE “COALITION”) TO SETTLE ALL ALLEGED CLAIMS BY THE PLAINTIFFS IN THE LAWSUIT TITLED UNITED STATES OF AMERICA, THE STATE OF MISSOURI, AND MISSOURI COALITION FOR THE ENVIRONMENT FOUNDATION V. THE METROPOLITAN ST. LOUIS SEWER DISTRICT AND REQUIRING IMPROVEMENTS IN THE DISTRICT’S SEPARATE AND COMBINED SEWER SYSTEM AND WASTEWATER TREATMENT PLANTS. Proposed Ord. No. 170-11 was presented and read. The United States of America and the State of Missouri filed a civil action against the District on June 11, 2007 that alleged the District had been in violation of the Clean Water Act by discharging untreated sewage from its collection system through combined sewer overflows and constructed sanitary sewer overflows. The Plaintiffs also made allegations that the District was in violation of conditions established in the National Pollutant Discharge Elimination System (“NPDES”) permits issued to MSD by MDNR. The Coalition intervened in this action in 2007. All of the parties to the action have engaged in extensive mediation of the matters at issue in settlement of all allegations made by the Plaintiffs in this action. The representatives of the District, the United States, and the Coalition have negotiated the terms and language of the Consent Decree, which would resolve all allegations of the Complaints. The Consent Decree will still need to be approved by the appropriate officials of the Parties. The State of Missouri has decided, after joining the action as a Plaintiff and participating in the extensive mediation in cooperation with the Plaintiff’s for almost four years, not to sign the Consent Decree. Motion by Mr. Visintainer seconded by Mr. Buford that proposed Ord. No. 170-11 be introduced. Motion passed – 6 ayes, no nays Poll taken: J. Goffstein aye R. Berry aye E. Ross aye D. Visintainer aye J. Buford aye G. Feldhaus aye INTRODUCTION AND ADOPTION OF PROPOSED ORD. NO. 171-11 APPROPRIATING $2,300,000.00 FROM THE SANITARY REPLACEMENT FUND TO BE USED FOR PROJECT COSTS FOR THE CONSTRUCTION OF SANITARY SEWERS IN BRIGHTWELL SANITARY RELIEF (SKME-213) (10447), 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 GERSHENSON CONST. CO., INC. FOR THE AFORESAID SANITARY SEWER CONSTRUCTION. Proposed Ord. No. 171-11 was presented and read. The work to be done under Contract #10654 consists of the construction of approximately 5,600 lineal feet of pipe sewers varying in size from 6-inches to 27-inches in diameter and appurtenances. The purpose of this project is to alleviate basement backups and overcharged sanitary sewers. This project will eliminate one (1) SSO. This project is scheduled to be completed in 560 days. Motion by Mr. Ross seconded by Mr. Feldhaus that proposed Ord. No. 171-11 be introduced. Motion made, seconded and unanimously adopted to suspend the rules to allow for adoption of proposed Ord. No. 171-11. Motion made by Mr. Visintainer, seconded by Mr. Buford that proposed Ord. No. 171-11 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. 171-11 adopted and it was assigned Ordinance No. 13276. Resolutions ADOPTION OF RESOLUTION NO. 2975 EXPRESSING THE BOARD OF TRUSTEES’ APPRECIATION TO MELVIN ARCHIE FOR HIS 27 YEARS OF EXEMPLARY SERVICE TO THE METROPOLITAN ST. LOUIS SEWER DISTRICT FROM MAY 21, 1984, TO HIS RETIREMENT EFFECTIVE JUNE 1, 2011. Resolution No. 2975 was presented and read. ADOPTION OF RESOLUTION NO. 2976 EXPRESSING THE BOARD OF TRUSTEES’ APPRECIATION TO GARY D. TATE FOR HIS 25 YEARS OF EXEMPLARY SERVICE TO THE METROPOLITAN ST. LOUIS SEWER DISTRICT FROM FEBRUARY 10, 1986, TO HIS RETIREMENT EFFECTIVE JUNE 1, 2011. Resolution No. 2976 was presented and read. ADOPTION OF RESOLUTION NO. 2977 EXPRESSING THE BOARD OF TRUSTEES’ APPRECIATION TO PAUL G. MOLKENBUR FOR HIS 30 YEARS OF EXEMPLARY SERVICE TO THE METROPOLITAN ST. LOUIS SEWER DISTRICT FROM OCTOBER 30, 1980, TO HIS RETIREMENT EFFECTIVE JUNE 1, 2011. Resolution No. 2977 was presented and read. ADOPTION OF RESOLUTION NO. 2978 WHEREAS JOSEPH F. KRISPIN HAS FAITHFULLY SERVED AS A MEMBER OF THE CIVIL SERVICE COMMISSION OF THE METROPOLITAN ST. LOUIS SEWER DISTRICTFROM JANUARY 23, 2003 TO MAY 11, 2011. Resolution No. 2978 was presented and read. Mr. Crispin, a retiring member of the Civil Service Commission thanked the Board for his opportunity to serve on the Commission and praised the organization and the Executive Director as being first class. Motion made by Mr. Buford, seconded by Mr. Visintainer that Resolution Nos. 2975, 2976, 2977 and 2978 be adopted. Motion passed – voice vote; 6 ayes, no nays - - - - The Chair called upon Ms. Zimmerman to give a presentation regarding the Rate Change notice that was submitted to the Rate Commission. Ms. Zimmerman with the aid of a power point presentation, available upon request, discussed the details of the District’s Rate Change proposal. The key aspects are: covers a four year period from FY 2013 to FY 2016, includes slightly over $1 billion of capital projects, requires $945 million of debt to support program, average residential customer bills go from approximately $28 per month at the end of FY 2012 to $47 per month in 2016, a reallocation between rate payer classes that more fairly distribute compliance charges, and recognition of a decline in water consumption because of environmental and economic reasons. - - - - Upon motion made Mr. Goffstein, seconded by Mr. Feldhaus, and unanimously passed, the meeting adjourned at 5:40 p.m. Secretary-Treasurer