Loading...
HomeMy Public PortalAbout1503rd Board Journal 7-14-2011 JOURNAL OF THE (1503rd) MEETING OF THE BOARD OF TRUSTEES THE METROPOLITAN ST. LOUIS SEWER DISTRICT July 14, 2011 – 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 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; Dan Willey, Laborers 110; Tom Ratzki, Black & Veatch; Lawrence Nwachukwu, Basilico Engineering; William Ray, St. Louis County; Rebecca Losli, Losli Engineering; Ben Fecko, Gonzalez Companies; Mike Greco, CCMI; Virginia Antonacci; Larry Goodwin, Goodwin Bros.; James Hill, Grigsby & Assoc.; Elizabeth Bridges; Ron Steinkamp, BSW; Linda Henry, St. Louis County 6th District; Dave Hasty, AMEC; Rob Kuenzel, RJN; Bob Januska, RJN; Lisa Douglas, RJN; Mike Borgard, Woolpert; Mark Kollitz, Woolpert; JoAnn Litto; Sunii Thakkar, Jesun Technology; Evan Young, Call Newspapers; Pam Hobbs, Geotechnology; Joan Hucker; Jon Bergenthal, Jacobs; Aaron Griesheimer, SITE; Gloria Nickerson; Michael Calhoun, KMOX; Frank Schmitt; Jim Derby, MSD; Marie Collins, Asst. Director of Engineering; Barb Mohn, Director of Information Systems; Vicki Taylor-Edwards, Director of Human Resources; Ed Travis, Asst. 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. Buford, 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.; personnel actions under §610.021(3). Motion passed – 5 ayes, no nays Poll taken: D. Visintainer aye R. Berry aye J. Ross aye E. Buford aye G. Feldhaus aye Mr. Goffstein arrived during closed session. During closed session staff summarized the various aspects related to the EPA, Stormwater and several liability cases and confidentiality agreements pursuant to §610.021(1), RSMO 1988 SUPP. No votes were taken. The Board briefly discussed personnel issues pursuant to §610.021(13). No votes were taken. 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. Feldhaus, 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. Ross, the Journal of the June 9, 2011 meeting was approved by unanimous voice vote. The Journal of the June 29, 2011 meeting will be amended and presented at the next scheduled meeting. - - - - The Chair had no comments. - - - - Mr. Visintainer reported that the Program Management Committee met on July 11, 2011 at 7:30 a.m. The meeting was attended by Trustees Visintainer, Berry, and Ross. The minutes of the May 31, 2011 meeting were approved. The agenda items to be introduced tonight were presented and discussed, including a detailed discussion regarding the following items: Item 18 – CSO Volume Reduction – This ordinance authorizes a contract for these services. Funding will be through the previous Green Pilot Program appropriation. Staff responded to questions by the Committee regarding the details of services to be provided under this contract. Items 19 & 24 – Combined Sewer Area & Separate Sewer Area – I/I Assessment – These two ordinances provide funding for the first of two option years for these services. Staff reviewed the past performance statistics for these contracts as well as the specific tasks for the upcoming year. Included in these appropriations is additional training for in-house staff as these contracts are concluded in FY2013. Staff responded to questions by the Committee about MSD’s long term monitoring of the condition of the areas investigated under these contracts. Items 20, 21, 22 & 23 – General Services Agreement – Construction Management and Geotechnical Contracts A, B & C – These appropriations provide resources that do not exist within MSD and provide additional resources during peak work loads to supplement District staff. These ordinances also contain a provision that allows the Director of Finance to adjust dollars between the various funds as needed to meet GASB requirements and to allow capture of all capitalizable costs. Item 29 – Real Property Acquisitions, Relocations and Conveyances – This ordinance authorizes a contract to provide professional resources for real estate purchases and relocation of property owners. The funding for this work will be included in the appropriations for the property purchases. Staff responded to Committee questions regarding the selection criteria for this contract. Finally, staff responded to Committee questions regarding the consultant selection schedule for Fiscal Year 2012. The meeting was adjourned at 7:56 a.m. - - - - Mr. Buford reported that the Finance Committee met on July 12, 2011. In attendance were Trustees Berry and Visintainer. The Committee approved the minutes from the June 7th committee meeting. Mr. Sprague explained the service contract for a fleet study to improve the efficiency of the garage and shops. Mercury Associates, Inc. was selected to perform the work. This will be Item #26 on tonight’s Agenda. Mrs. Zimmerman reported on the current financial condition of the District indicating it continues to be in a positive position through May 2011. She indicated the FY11 actual expenditures are currently projected to be approximately $4.5 million or 3% under budget. These funds will be used to pay for insurance claims related to the June 25th Newstead – Dryden neighborhood flooding and additional capital projects. Mrs. Zimmerman presented the May 2011 Adjustment Review Committee report as required by ordinance and asked that the report be entered into the record. The report was unanimously accepted by Committee. She stated authorization to exercise the sixth year of a seven-year contract option with Vertex is on tonight’s agenda as Item #33. Vertex is the District’s call center, billing and collection system provider. Mr. Tyminski stated the District’s upcoming $52 million bond issue has been deferred to September. He informed the committee that the Missouri Department of Natural Resources has indicated the District’s expected SRF loan has been reduced by $5 million. Mr. Tyminski stated discussions with the State are underway to address this discrepancy. He updated the committee on the FY11 investment returns indicating current market rates are the lowest since the 1940’s and the impact on MSD revenues and borrowing rates. Mr. Tyminski stated an amendment to the District’s Pension Plan Ordinance is needed to reflect changes in Federal tax laws related to employee vesting in the event of Plan termination. This is Item #25 on tonight’s agenda. The meeting adjourned at 8:50 a.m. - - - - The Executive Director reported that the St. Louis area has experienced severe weather multiple times over the past two and one half weeks. The District is presently dealing with over 1,700 customer calls we have received since the rains, which occurred on June 25th. Over 1,000 of these calls will result in damage claims adjustment to the extent there is coverage in our water backup insurance program. The District staff and our third party claims contractor CCMI are working closely together to handle these calls and claims as quickly as possible. An area of north St. Louis near I-70 and Shreve was flooded due to a failure of an MSD flood control system during the June 25th storm. Dryden Court and the surrounding area sustained considerable damages in this flooding. The District is expediting repairs to these homes in an effort to have condemnations lifted so that the residents can get back into their houses. The District has adjusted its claims process in this case to assure the shortest period of disruption for these families. Item 32 to tonight’s agenda is a resolution approving the District’s 2012 through 2016 Strategic Business and Operating Plan. The District charter requires the annual development of a five-year strategic plan. This plan was presented to the Board of Trustees with the fiscal 2012 budget this past March. It was also publically discussed at our budget public hearing on May 5th. The plan is tied to the budget for the coming fiscal year. With the approval of the fiscal 2012 budget last month, we have now placed the strategic plan on the agenda for Board approval. - - - - Mr. Frank B. Schmidt, an Oakville resident, appealed a decision that the damaged caused to his property during a recent rainstorm was due to overland flooding which is not covered by the District’s insurance programs. He with the aid of a series of photographs indicated that the overland flooding came up from the sewer and did so with force since a manhole cover was blown off. - - - - Mr. Sullivan addressed the Board and questioned why the District did not do more engineering, design and monitoring work in-house. He also pointed out that there is a large dollar value of engineering contracts that continue to be awarded on a no-bid basis. He concluded by questioning the prudence of giving the Executive Director a salary increase in light of the pending environmental action from US EPA. - - - - Ms. Gloria Nickerson addressed the Board and indicated that she has had flooding at her residence three times since 2008, and has not received any compensation for her damages. In a letter to her, the MSD Engineering Department suggested she sign a sewer separation program agreement. She complied and signed the agreement and a contractor did the work in March 2009. She contends that the contractor improperly installed the devices. She indicated that after recent damage after entering into the sewer separation program, the claims adjustor sent a letter denying her claim because she failed to sign the agreement. Staff explained that an MSD crew has researched each of her claims and has agreed that MSD was part of the issue. She requested that MSD review the status of her three claims by July 20, 2011 and she also requested a meeting with the head of the claims department by July 20, 2011. - - - - Ms. Virginia Antonacci indicated that she is a neighbor of Mr. Schmidt and agreed with his comments. She expressed frustration with the denial of responsibility by MSD for the damage incurred during the recent rain storm and felt that the flooding came up through the sewers and was not overland flooding. Her claim was also denied on the grounds that the flooding was overland flooding and appealed to the Board to overturn that decision. She stated that she would not vote for tax increases for the District since she felt that MSD needs to be more accountable to the public that they serve. - - - - Ms. Elizabeth Bridges requested that the District use slotted sewer lids in place of the solid sewer lids as was done many years back. She noted that this change would solve the problem, and she stated she had 18 inches of water in her spillway. - - - - Ms. Elizabeth Bridges requested that the District use slotted sewer lids in place of the solid sewer lids as was done many years back. She noted that this change would solve the problem, and she stated she had 18 inches of water in her spillway. Mr. Berry requested that MSD representatives meet in person with the three persons that have spoken tonight to determine the cause of their problems and come up with a solution. - - - - CONSENT AGENDA ADOPTION OF PROPOSED ORD. NO. 166-11 (ORDINANCE NO. 13295) 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. ADOPTION OF PROPOSED ORD. NO. 167-11 (ORDINANCE NO. 13296) 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. ADOPTION OF PROPOSED ORD. NO. 168-11 (ORDINANCE NO. 13297) 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. ADOPTION OF PROPOSED ORD. NO. 169-11 (ORDINANCE NO. 13298) 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. Plan Approval Springdale Lateral Sanitary Relief (SKME-305) (10759) This project, located north of Natural Bridge Road and east of Interstate 170 in the Village of Bel-Ridge, is to alleviate building backups and overcharged sanitary sewer. This project is in the Fiscal Year 2012 Budget and the estimated construction cost is $140,000. 15 South Kirkwood Road #906 Storm Sewer Replacement (10758) This project, located east of South Kirkwood Road and north of I-44 in the City of Kirkwood, is to replace a failing pipe and to stabilize the streambank at the outfall structure. This project is in the Fiscal Year 2012 Budget and the estimated construction cost is $177,000. Motion made by Mr. Buford, seconded by Mr. Ross, 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. 166-11, 167-11, 168- 11 and 169-11 were assigned Ordinance Nos. 13295, 13296, 13297 and 13298. - - - - UNFINISHED BUSINESS Ordinances None Resolutions None - - - - NEW BUSINESS Ordinances INTRODUCTION OF PROPOSED ORD. 13279 APPROPRIATING $2,000,000.00 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 (FY2012) (10585) THROUGHOUT THE ENTIRE DISTRICT. Proposed Ord. No. 13279 was presented and read. This ordinance appropriates funds for staff to acquire necessary property rights in order to construct combined and sanitary sewer projects. Motion made by Mr. Buford, seconded by Mr. Feldhaus that proposed Ord. No. 13279 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. 13280 APPROPRIATING $290,000.00 FROM THE SANITARY REPLACEMENT FUND TO BE USED FOR PROJECT COSTS FOR PUMP STATION IMPROVEMENTS AT ELTON PUMP STATION (P-307) ELIMINATION (10591) IN UNINCORPORATED ST. LOUIS COUNTY 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 J.H. BERRA CONSTRUCTION CO., INC. FOR THE AFORESAID CONSTRUCTION. Proposed Ord. No. 13280 was presented and read. The work to be done under Contract #10673 consists of the construction of approximately 990 lineal feet of sanitary sewers ranging from 8-inches to 16-inches in diameter and appurtenances, and the elimination of the Elton Pump Station (P-307). The purpose of this project is to construct a gravity sewer and eliminate a pump station. This project is scheduled to be completed in 150 days. Motion by Mr. Feldhaus, seconded by Mr. Ross that proposed Ord. No. 13280 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. 13281 AUTHORIZING THE EXECUTIVE DIRECTOR AND SECRETARY-TREASURER ON BEHALF OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT TO ENTER INTO CONTRACT NO. 10678 WITH M3 ENGINEERING GROUP, P.C. FOR CSO VOLUME REDUCTION – GREEN INFRASTRUCTURE (PILOT PROGRAM) (11048) FOR ENGINEERING SERVICES, INCLUDING DESIGN, GEOTECHNICAL INVESTIGATION, PLANTING PLAN, AND OTHER ENGINEERING SERVICES. Proposed Ord. No. 13281 was presented and read. This ordinance authorizes the District to enter into Contract #10678, for one year with one option year, with M3 Engineering Group, P.C. for design, geotechnical investigation, planting plan, and survey services as needed, in support of the CSO Volume Reduction – Green Infrastructure (Pilot Program). The projects consist of small green infrastructure projects in various locations in the City of St. Louis. This contract is funded as part of the CSO Volume Reduction – Green Infrastructure (Pilot Program) project, with a total maximum contract amount of $150,000.00. Projects will be issued by letter agreement per individual scopes of services. Motion by Mr. Visintainer, seconded by Mr. Feldhaus that proposed Ord. No. 13281 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. 13282 TRANSFERRING $4,000,000.00 FROM THE SANITARY REPLACEMENT FUND #660 TO THE #101 GENERAL FUND AND MAKING A SUPPLEMENTAL APPROPRIATION OF FOUR MILLION DOLLARS ($4,000,000.00) FOR ADDITIONAL ENGINEERING SERVICES FOR COMBINED SEWER AREA - INFLOW/INFILTRATION ASSESSMENT (FY2012) (10232); AND AUTHORIZING THE EXECUTIVE DIRECTOR AND SECRETARY-TREASURER ON BEHALF OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT TO ENTER INTO AMENDMENT NO. 4 TO CONTRACT E-1215 WITH RJN GROUP, INC. FOR THE AFORESAID ADDITIONAL ENGINEERING SERVICES. Proposed Ord. No. 13282 was presented and read. This ordinance appropriates additional funds and authorizes the District to enter into Amendment No. 4 with RJN Group, Inc. This appropriation will allow RJN Group, Inc. to investigate sewer systems to identify inflow/infiltration (I/I) problems and to assess the condition of critical infrastructure. With the FY2012 appropriation, RJN will perform the following investigations with the guidance of the SSO watershed teams, the CSO LTCP team, and the City sewershed team: • Smoke test and evaluate approximately 192 miles of sewers • Inspect and evaluate approximately 2,000 manholes • It is anticipated that over 1,500 connections to the system will be investigated • Inspect and evaluate 1,000 critical infrastructure sewer reaches • Review CCTV data for the I/I areas • Review flow meter data for quantifying wet weather flows • Approximately 30 data reports will be submitted for use by MSD staff, SSO Watershed Teams, CSO LTCP Team, Operations and design consultants • Provide field investigations for Salisbury, Carroll, Rock Springs, Miller, Downtown (Elm), 7th Street, and Mill Creek City sewersheds • Train MSD employees to collect and process I/I data • Maintain and update the District-wide I/I database The consultant will use the data from the above efforts to identify, quantify, and recommend initial improvements or rehabilitation solutions to eliminate or reduce I/I entering into the sewer system. In addition to I/I data deliverables, the consultant will develop GIS based project deliverables in association with District staff. Consultant will provide assistance to the SSO watershed teams and the CSO LTCP team, District staff design projects, contracted consultant design projects, and other District Departments as needed. This contract was solicited assuming work would proceed for four years through FY2011 with an option for two additional years through FY2013 to complete the work necessary for watershed and SSO planning. This amendment is the exercise of the first additional year option in the amount of $4,000,000, which is a decrease in funding of $1,000,000 from Year 4 (FY2011). It is anticipated that in FY2012, MSD will begin the transition of I/I investigation efforts from contracted to internal resources and maintain production levels needed to meet regulatory requirements. Motion by Mr. Feldhaus seconded by Mr. Buford that proposed Ord. No. 13282 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. 13283 TRANSFERRING $25,000.00 FROM THE IMPROVEMENT FUND TO THE GENERAL FUND, AND $75,000.00 FROM THE IMPROVEMENT FUND TO THE SANITARY REPLACEMENT FUND, APPROPRIATING $25,000.00 FROM THE GENERAL FUND, AND $75,000.00 FROM THE SANITARY REPLACEMENT FUND TO BE USED FOR THE GENERAL SERVICES AGREEMENT - CONSTRUCTION MANAGEMENT (FY2012) (10612) THROUGHOUT THE DISTRICT, AUTHORIZING THE DIRECTOR OF FINANCE TO MAKE TRANSFERS BETWEEN THE #101 GENERAL FUND AND THE #660 SANITARY REPLACEMENT FUND TO ACCOMMODATE THE APPROPRIATE ACCOUNTING, AND AUTHORIZING THE EXECUTIVE DIRECTOR AND SECRETARY-TREASURER ON BEHALF OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT TO ENTER INTO CONTRACT NO. 10679 WITH ABNA ENGINEERING, INC. FOR GENERAL SERVICES AGREEMENT - CONSTRUCTION MANAGEMENT (FY2012) (10612) FOR GEOTECHNICAL SERVICES AT VARIOUS LOCATIONS THROUGHOUT THE DISTRICT. Proposed Ord. No. 13283 was presented and read. This ordinance authorizes the District to enter into Contract #10679 for one year with one option year with ABNA Engineering, Inc. for various construction management services on an as needed basis to supplement the District’s work force. The projects are located throughout the District in various cities and the County. The estimated construction cost varies. This contract is for a total maximum contract amount of $100,000.00. Motion by Mr. Feldhaus seconded by Mr. Visintainer that proposed Ord. No. 13283 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. 13284 T TRANSFERRING $5,000.00 FROM THE IMPROVEMENT FUND TO THE GENERAL FUND, AND $45,000.00 FROM THE IMPROVEMENT FUND TO THE SANITARY REPLACEMENT FUND, APPROPRIATING $5,000.00 FROM THE GENERAL FUND, AND $45,000.00 FROM THE SANITARY REPLACEMENT FUND TO BE USED FOR THE GENERAL SERVICES AGREEMENT - GEOTECHNICAL (FY2012) CONTRACT A (10613) THROUGHOUT THE DISTRICT, AUTHORIZING THE DIRECTOR OF FINANCE TO MAKE TRANSFERS BETWEEN THE #101 GENERAL FUND AND THE #660 SANITARY REPLACEMENT FUND TO ACCOMMODATE THE APPROPRIATE ACCOUNTING, AND AUTHORIZING THE EXECUTIVE DIRECTOR AND SECRETARY-TREASURER ON BEHALF OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT TO ENTER INTO CONTRACT NO. 10680 WITH SHANNON & WILSON INC. FOR GENERAL SERVICES AGREEMENT - GEOTECHNICAL (FY2012) CONTRACT A (10613) FOR GEOTECHNICAL SERVICES AT VARIOUS LOCATIONS THROUGHOUT THE DISTRICT. Proposed Ord. No. 13284 was presented and read. This ordinance authorizes the District to enter into Contract #10680, for one year with two option years with Shannon & Wilson Inc. for geotechnical services associated with the design of projects as needed throughout the District. Services provided include rock and soil analysis, testing, recommendations, and evaluation of foundations, slopes, and bedding for projects to be completed either in-house or by design consultants. Projects will be issued by letter agreement per individual scopes of services. This contract is for a total maximum amount of $50,000. Motion by Mr. Feldhaus seconded by Mr. Buford that proposed Ord. No. 13284 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. 13285 TRANSFERRING $5,000.00 FROM THE IMPROVEMENT FUND TO THE GENERAL FUND, AND $45,000.00 FROM THE IMPROVEMENT FUND TO THE SANITARY REPLACEMENT FUND, APPROPRIATING $5,000.00 FROM THE GENERAL FUND, AND $45,000.00 FROM THE SANITARY REPLACEMENT FUND TO BE USED FOR THE GENERAL SERVICES AGREEMENT - GEOTECHNICAL (FY2012) CONTRACT B (10614) THROUGHOUT THE DISTRICT, AUTHORIZING THE DIRECTOR OF FINANCE TO MAKE TRANSFERS BETWEEN THE #101 GENERAL FUND AND THE #660 SANITARY REPLACEMENT FUND TO ACCOMMODATE THE APPROPRIATE ACCOUNTING, AND AUTHORIZING THE EXECUTIVE DIRECTOR AND SECRETARY-TREASURER ON BEHALF OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT TO ENTER INTO CONTRACT NO. 10681 WITH GEOTECHNOLOGY INC. FOR GENERAL SERVICES AGREEMENT - GEOTECHNICAL (FY2012) CONTRACT B (10614) FOR GEOTECHNICAL SERVICES AT VARIOUS LOCATIONS THROUGHOUT THE DISTRICT. Proposed Ord. No. 13285 was presented and read. This ordinance authorizes the District to enter into Contract #10681, for one year with two option years with Geotechnology, Inc. for geotechnical services associated with the design of projects as needed throughout the District. Services provided include rock and soil analysis, testing, recommendations, and evaluation of foundations, slopes, and bedding for projects to be completed either in-house or by design consultants. Projects will be issued by letter agreement per individual scopes of services. This contract is for a total maximum amount of $50,000. Motion by Mr. Feldhaus seconded by Mr. Buford that proposed Ord. No. 13285 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. 13286 TRANSFERRING $5,000.00 FROM THE IMPROVEMENT FUND TO THE GENERAL FUND, AND $45,000.00 FROM THE IMPROVEMENT FUND TO THE SANITARY REPLACEMENT FUND, APPROPRIATING $5,000.00 FROM THE GENERAL FUND, AND $45,000.00 FROM THE SANITARY REPLACEMENT FUND TO BE USED FOR THE GENERAL SERVICES AGREEMENT - GEOTECHNICAL (FY2012) CONTRACT C (10615) THROUGHOUT THE DISTRICT, AUTHORIZING THE DIRECTOR OF FINANCE TO MAKE TRANSFERS BETWEEN THE #101 GENERAL FUND AND THE #660 SANITARY REPLACEMENT FUND TO ACCOMMODATE THE APPROPRIATE ACCOUNTING, AND AUTHORIZING THE EXECUTIVE DIRECTOR AND SECRETARY-TREASURER ON BEHALF OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT TO ENTER INTO CONTRACT NO. 10682 WITH HANSON PROFESSIONAL SERVICES, INC. FOR GENERAL SERVICES AGREEMENT - GEOTECHNICAL (FY2012) CONTRACT C (10615) FOR GEOTECHNICAL SERVICES AT VARIOUS LOCATIONS THROUGHOUT THE DISTRICT. Proposed Ord. No. 13286 was presented and read. This ordinance authorizes the District to enter into Contract #10682, for one year with two option years with Hanson Professional Services, Inc. for geotechnical services associated with the design of projects as needed throughout the District. Services provided include rock and soil analysis, testing, recommendations, and evaluation of foundations, slopes, and bedding for projects to be completed either in-house or by design consultants. Projects will be issued by letter agreement per individual scopes of services. This contract is for a total maximum amount of $50,000. Motion by Mr. Feldhaus seconded by Mr. Buford that proposed Ord. No. 13286 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. 13287 TRANSFERRING $1,500,000.00 FROM THE SANITARY REPLACEMENT FUND #660 TO THE #101 GENERAL FUND AND MAKING A SUPPLEMENTAL APPROPRIATION OF $1,500,000.00 FOR ADDITIONAL ENGINEERING SERVICES FOR SEPARATE SEWER AREA - INFLOW/INFILTRATION ASSESSMENT (FY2012) (10231); AND AUTHORIZING THE EXECUTIVE DIRECTOR AND SECRETARY- TREASURER ON BEHALF OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT TO ENTER INTO AMENDMENT NO. 4 TO CONTRACT E-1214 WITH WOOLPERT CONSULTANTS, INC. FOR THE AFORESAID ADDITIONAL ENGINEERING SERVICES. Proposed Ord. No. 13287 was presented and read. This ordinance appropriates additional funds, and authorizes the District to enter into Amendment No. 4 with Woolpert Consultants, Inc. This appropriation will allow Woolpert to continue investigation of sewer systems to identify inflow/infiltration (I/I) problems. With the FY2012 appropriation, Woolpert will perform the following investigations under the guidance of the SSO watershed teams: • Smoke test and evaluate a total of approximately 119 miles of sewers • Inspect and evaluate approximately 3,260 manholes • It is anticipated that 400 connections to the system will be investigated • Review CCTV data for the I/I areas • Review flow meter data for quantifying wet weather flows • Approximately 11 data reports will be submitted for use by MSD staff, SSO Watershed Teams, CSO LTCP Team, Operations and design consultants Motion by Mr. Feldhaus seconded by Mr. Berry that proposed Ord. No. 13287 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. 13288 AMENDING ORDINANCE NO. 13181 TO MODIFY THE METROPOLITAN ST. LOUIS SEWER DISTRICT PENSION PLAN AS REQUESTED BY THE INTERNAL REVENUE SERVICE WITH RESPECT TO VESTING IN THE EVENT OF PLAN TERMINATION. Proposed Ord. No. 13288 was presented and read. This ordinance amends a portion of the St. Louis Metropolitan Sewer District Pension Plan (Pension Plan) document, as requested by the United States Internal Revenue Service (IRS). The IRS has issued a favorable letter of determination for the Pension Plan subject to the District’s approving the amendment by September 12, 2011. Motion by Mr. Visintainer seconded by Mr. Ross that proposed Ord. No. 13288 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. 13289 AUTHORIZING $100,000.00 FROM THE GENERAL FUND OF THE DISTRICT FOR PROFESSIONAL CONSULTING SERVICES FOR FLEET ASSESSMENT CONSULTING SERVICES, AND AUTHORIZING THE EXECUTIVE DIRECTOR AND SECRETARY-TREASURER ON BEHALF OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT TO ENTER INTO A CONTRACT WITH MERCURY ASSOCIATES, INC. FOR SAID PROFESSIONAL CONSULTING SERVICES. Proposed Ord. No. 13289 was presented and read. The work to be done consists of reviewing Fleet and Garage operations, reviewing customer service practices, performing cost competitive analysis, reviewing and evaluating entire program and operation, reporting results and making recommendations. Final product will consist of detailed data analysis and recommended benchmarks. Motion by Mr. Buford seconded by Mr. Berry that proposed Ord. No. 13289 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. 13290 AUTHORIZING THE CHAIRMAN OF THE BOARD OF TRUSTEES ON BEHALF OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT TO ENTER INTO A CONTRACT WITH DELOITTE & TOUCHE, LLP, WHEREBY DELOITTE & TOUCHE, LLP WILL PROVIDE INTERNAL AUDIT SERVICES DURING THE PERIOD OF AUGUST, 2011 THROUGH AUGUST, 2012. Proposed Ord. No. 13290 was presented and read. The District’s governing “Plan” (Charter) requires that public accountability be demonstrated through the establishment and use of an Internal Audit Function. This ordinance satisfies that requirement. Motion by Mr. Feldhaus seconded by Mr. Buford that proposed Ord. No. 13290 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. 13291 A AUTHORIZING THE CHAIRMAN OF THE BOARD OF TRUSTEES ON BEHALF OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT TO ENTER INTO A CONTRACT WITH BROWN, SMITH, WALLACE, LLC, WHEREBY BROWN, SMITH, WALLACE, LLC WILL PROVIDE INTERNAL AUDIT SERVICES DURING THE PERIOD OF AUGUST, 2011 THROUGH AUGUST, 2012. Proposed Ord. No. 13291 was presented and read. The District’s governing “Plan” (Charter) requires that public accountability be demonstrated through the establishment and use of an Internal Audit Function. This ordinance satisfies that requirement. Motion by Mr. Feldhaus seconded by Mr. Buford that proposed Ord. No. 13291 be introduced. Motion passed – 5 ayes, no nays, 1 abstain Poll taken: J. Goffstein abstain R. Berry aye E. Ross aye D. Visintainer aye J. Buford aye G. Feldhaus aye INTRODUCTION OF PROPOSED ORD. NO. 13292 AUTHORIZING THE EXECUTIVE DIRECTOR AND SECRETARY-TREASURER ON BEHALF OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT TO ENTER INTO A GENERAL SERVICES AGREEMENT WITH O. R. COLAN ASSOCIATES, INC. WHEREBY O. R. COLAN ASSOCIATES, INC. WILL PROVIDE PROFESSIONAL ACQUISITION AND RELOCATION SERVICES FOR CERTAIN PARCELS OF REAL PROPERTY WHICH ARE NEGATIVELY IMPACTED BY FLOODING, EROSION, OR RELATED SEWER OR STORMWATER ISSUES, AS WELL AS PROVIDE PROFESSIONAL SERVICES FOR THE CONVEYANCE OF CERTAIN PROPERTIES THAT HAVE BEEN OR WILL BE DECLARED SURPLUS BY THE METROPOLITAN ST. LOUIS SEWER DISTRICT. Proposed Ord. No. 13292 was presented and read. This proposed ordinance authorizes the District to enter into a contract with O.R. Colan Associates, Inc. to acquire real properties as described above which are negatively impacted by flooding, erosion, or related sewer issues and to handle the conveyance of certain properties declared surplus by the District. The District mailed Request for Proposals (RFPs) to twenty firms and advertised in local newspapers. Responses were received from four firms, which were reviewed by a committee. The committee selected O.R. Colan Associates, Inc. based on the completeness of their proposal, demonstrated experience in property acquisition and relocation, knowledge of federal acquisition requirements, experience of key personnel, the District’s positive experience working with the firm and their acquisition management plan. No appropriations are necessary under this proposed ordinance in that the acquisition, relocation and conveyance services will be included as a part of the proposed ordinance for funding each specific acquisition or conveyance project. Motion by Mr. Visintainer seconded by Mr. Feldhaus that proposed Ord. No. 13292 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. 13293 REPEALING ORDINANCE NO. 12837 ADOPTED MARCH 12, 2009 AND ENACTING A NEW ORDINANCE IN LIEU THEREOF PRESCRIBING THE SALARY OF THE SECRETARY-TREASURER OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT. Proposed Ord. No. 13293 was presented and read. Section 8.070 of the District Charter requires that the salary of the Secretary-Treasurer be set by ordinance. This ordinance increases the salary for the position of Secretary-Treasurer by 2.5% to $151,364.00. Motion by Mr. Berry seconded by Mr. Ross that proposed Ord. No. 13293 be introduced. Motion made, seconded and unanimously adopted to suspend the rules to allow for adoption of proposed Ord. No. 13293. Motion made by Mr. Buford, seconded by Mr. Feldhaus that proposed Ord. No. 13293 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. 13293 adopted and it was assigned Ordinance No. 13293. INTRODUCTION AND ADOPTION OF PROPOSED ORD. NO. 13294 REPEALING ORDINANCE NO. 12793 ADOPTED DECEMBER 11, 2008 AND ENACTING A NEW ORDINANCE IN LIEU THEREOF PRESCRIBING THE SALARY OF THE EXECUTIVE DIRECTOR OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT. Proposed Ord. No. 13294 was presented and read. Section 8.070 of the District Charter requires that the salary of the Executive Director be set by ordinance. This ordinance increases the salary for the position of Executive Director by 2.5% to $198,219.00. Motion by Mr. Berry seconded by Mr. Ross that proposed Ord. No. 13294 be introduced. Motion made, seconded and unanimously adopted to suspend the rules to allow for adoption of proposed Ord. No. 13294. Motion made by Mr. Buford, seconded by Mr. Feldhaus that proposed Ord. No. 13294 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. 13294 adopted and it was assigned Ordinance No. 13294. Resolutions ADOPTION OF RESOLUTION NO. 2982 WHEREAS SECTION 5.110 OF THE CHARTER OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT STATES: A CONTINUING FIVE-YEAR STRATEGIC AND OPERATING PLAN FOR THE DISTRICT SHALL BE ADOPTED ON AN ANNUAL BASIS BY THE BOARD. THE STRATEGIC AND OPERATING PLAN SHALL STATE THE DISTRICT’S OBJECTIVES FOR THE SUCCEEDING FIVE YEARS AND INCLUDE OBJECTIVE TARGETS BY WHICH TO MEASURE THE DISTRICT’S PERFORMANCE IN MEETING THESE OBJECTIVES. Resolution No. 2982 was presented and read. ADOPTION OF RESOLUTION NO. 2983 WHEREAS ORDINANCE NO. 11546, ADOPTED JULY 10, 2003, AUTHORIZED THE EXECUTIVE DIRECTOR AND SECRETARY- TREASURER ON BEHALF OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT TO ENTER INTO A CONTRACT WITH VERTEX, WHEREBY VERTEX WOULD PROVIDE CALL CENTER AND BILLING/COLLECTION SERVICES FOR THE DISTRICT. Resolution No. 2983 was presented and read. ADOPTION OF RESOLUTION NO. 2980 EXPRESSING THE BOARD OF TRUSTEES’ APPRECIATION TO ALVIN P. DARDEN FOR HIS 26 YEARS OF EXEMPLARY SERVICE TO THE METROPOLITAN ST. LOUIS SEWER DISTRICT FROM OCTOBER 1, 1984, TO HIS RETIREMENT EFFECTIVE JULY 1, 2011. Resolution No. 2980 was presented and read. ADOPTION OF RESOLUTION NO. 2981 EXPRESSING THE BOARD OF TRUSTEES’ APPRECIATION TO PAUL C. SLOVACEK FOR HIS 39 YEARS OF EXEMPLARY SERVICE TO THE METROPOLITAN ST. LOUIS SEWER DISTRICT FROM FEBRUARY 7, 1972, TO HIS RETIREMENT EFFECTIVE JULY 1, 2011. Resolution No. 2981 was presented and read. Motion made by Mr. Buford, seconded by Mr. Feldhaus that Resolution Nos. 2980, 2981, 2982 and 2983 be adopted. Motion passed – voice vote; 6 ayes, no nays - - - - Upon motion made Mr. Buford, seconded by Mr. Ross, and unanimously passed, the meeting adjourned at 5:43 p.m. Secretary-Treasurer