HomeMy Public PortalAbout1507th Board Journal 10-13-2011
JOURNAL OF THE (1507th) MEETING OF THE
BOARD OF TRUSTEES
THE METROPOLITAN ST. LOUIS SEWER DISTRICT
October 13, 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; John Choinka, GBA; Terry Briggs, Site; Stephen Gregali, City of St. Louis;
Sunil Thakkar, Jasun; Dorothy White, WCA; Jim Coll, Jacobs; Pam Hobbs, Geotechnology;
Michael Lorenzo, URS; Nicole Adewale, ABNA; Ronny Griffin, Laborers Local 110; Bob
Ballsrud, Gilmore & Bell; Vicki LaRose, CDI; Diane Fink, Gonzalez; Susie McFarlind, WCA;
Mark Eshelman, M3 Engineering; Will Krussel, PB; Sarah Turner, Gonzalez; Rebecca Losli,
Losli Engineering; Lawrence Nwachukwu, Basilico Engineering; Jason Terry, Gilmore & Bell,
John Schilling, Black & Veatch; Jeff King, CDI; Steve Lewis, AGC; Tom Ratzki, Black & Veatch;
David Cavender, Horner & Shifrin; Ramona Dicken, MSD; Todd Loretta, MSD; Allen Mueller,
MSD; Gary Moore, MSD; Greg Rebman, MSD; Bill Ehrhard, 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; Debbie Johnson, Public Information Representative; Lance LeComb, Manager of
Public Information; and Pam Bell, Secretary to the Executive Director.
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Mr. Berry opened the meeting pursuant to notice and call.
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Motion made by Mr. Buford, seconded by Mr. Feldhaus, that the Board go into
closed session to discuss legal, confidential or privileged matters under §610.021(1), RSMO
1988 SUPP.
Motion passed – 4 ayes, no nays
Poll taken: D. Visintainer aye R. Berry aye
J. Buford aye G. Feldhaus aye
Messrs. Ross and Goffstein arrived after roll call.
During closed session staff updated the Board on the legal strategy related to a
matter of potential litigation pursuant to§610.021(1), RSMO 1988 SUPP. The Board was also
updated on a matter related to the EPA Consent Decree ito§610.021 pursuant to§610.021(1),
RSMO 1988 SUPP . No votes were taken on any issues.
Motion made by Mr. Goffstein, seconded by Mr. Feldhaus, to reconvene into open
session.
Motion passed – 5 ayes, no nays
Poll taken: E. Ross aye D. Visintainer aye
J. Buford aye J. Goffstein aye
R. Berry aye G. Feldhaus aye
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Upon motion made by Mr. Feldhaus, seconded by Mr. Ross, the Journals of the
September 8 and September 28, 2011 meetings were approved by unanimous voice vote.
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The Chair had no comments.
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Mr. Visintainer reported that the Program Management Committee met on October
4, 2011 at 7:30 a.m. The meeting was attended by Trustees Visintainer and Berry.
The minutes of the August 30, 2011 meeting were approved.
The agenda items to be introduced tonight were presented and discussed,
including a detailed discussion regarding the following items:
Item 23 – Lindscott Storm Sewer – After the Board adopted Ordinance No. 13256
to appropriate $260,000 for this project and to award a contract to Heartland Construction &
Excavating for this work, Heartland was unable to provide the necessary contract bond. Staff is
recommending that the previous Ordinance No. 13256 be repealed. Staff also requests that the
Board adopt a new ordinance appropriating $340,000 for this project and award a contract to the
second low bidder, Fred M. Luth & Sons, for this work. Heartland Construction will be required
to forfeit their bid bond.
Item 26 – Forest Valley Odor Control Phase II – The low bid of $150,770.50 by
CTI & Associates was found to be non-responsive due to failure to meet the District’s MWBE
requirements. Staff is recommending awarding a contract to Gershenson Construction
Company, the second low bidder.
Item 27 – Northland Lateral Sanitary Relief – Staff is requesting an additional
appropriation of $80,000 for this project. Because of a conflict caused by the unknown condition
of an existing water main, staff chose the least costly alternative and re-routed the new sanitary
sewer instead of paying to have the water main relocated. Staff presented the details of the
situation and answered questions by the Committee.
Item 29 – Brookton Way Phase II – While discussing this condemnation request,
the Committee questioned staff about the costs and procedures associated with the
condemnation process.
Item 31 – St. Louis Combined Sewer Overflows – Staff is requesting a $150,000
supplemental appropriation to continue funding for its agreement with the Corps of Engineers.
Under this agreement, MSD provides the local share for engineering costs associated with
making projects eligible for 75% federal funding through the Corps. A similar $150,000 project
with the Corps for the St. Louis Flood Protection System will not be needed this year and will
provide the funding for this request.
Item 35A – CSO – Greenbriar Combined Sewer Separation – Staff informed the
Committee that they would request the Board to consider introduction and adoption of this
project at the November Board meeting to better assure compliance with the requirements of
the lodged consent decree and to comply with verbal representations made to the property
owners.
Finally, a motion for approval for the Committee to go into closed session was
made by Mr. Visintainer and seconded by Mr. Berry. The Committee went into closed session
at 8:15 a.m. to discuss legal, confidential or privileged matters under §610.021(1), RSMO 1988
Supp.
The meeting was adjourned at 8:45 a.m.
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Mr. Ross reported that the Audit Committee met at 7:30 a.m. on Tuesday, October
11, 2011. In attendance were Trustees Buford, Berry, Ross and Visintainer. The Committee
approved the minutes from the prior meeting.
Mr. Marr of Stone Carlie provided the attendees with a copy of the Network
Vulnerability, Attack and Penetration Review report. He discussed the scope and objectives of
the engagement and provided details of the observations, recommendations, and management
action plans resulting from the review. He communicated that there were three observations.
He stated that the Director of IT agreed with the observations and the recommended solutions.
The remediation procedures are scheduled to be completed by the end of the third quarter FY
2012. Mr. Marr stated that the Certified Ethical Hacker was able to penetrate and access the
network; as such, weaknesses in network security were revealed. However, the Hacker
communicated that the District’s application controls were strong. Mr. Marr addressed
questions from the Committee.
Mr. Loretta provided the attendees with a copy of the FY 2012 Risk Assessment
and Internal Audit Plan. He summarized various sections of the document, including the risk
assessment methodology and audit plan. He explained that the risk assessment process was
utilized to develop the audit plan. He also explained that the audit plan was designed in a
manner to align the Internal Audit engagements with the identified risks and related business
processes.
Mr. Loretta informed the committee that no alerts had been received from the
Alert-Line.
Finally, Mr. Loretta provided the attendees with a copy of the October 11, 2011
Internal Audit Status Report. The report summarized the status of each on-going Internal Audit
engagement such as Inventory Review, Payroll Review, Construction Change Order Review,
Consent Decree Reporting Review, Overhead Rates Review, Post Implementation ESRP
Review, and Audit Vault Implementation.
The meeting adjourned at 8:00 am.
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Mr. Buford reported that the Finance Committee met on October 11, 2011. In
attendance were Trustees Buford, Visintainer, Ross and Berry. The committee approved
minutes from the August 9, 2011 meeting.
Messrs. Bill Winningham & Mike Zwiener, the District’s Pension Actuaries for the
Defined Benefit Plan reported Actuarial Valuation results as of December 31, 2010 to the
committee. Mr. Winningham reported the recommended contribution for calendar year 2011 to
be $10.9 million vs. last years $10.3 million, an increase of $660,000. He noted that the District
has made 100% contribution to the plan for the last seven years. He commented that the
funding status for the plan as of December 31, 2010 was 81.6%. The report was accepted into
the record of the Committee after unanimous consent.
Mr. Winningham discussed the OPEB (Other Post-Employment Benefits) report
results. He stated the projected payouts for FY 2012 to be $1.4 million and increasing to $2.4
million by fiscal 2021. Mr. Winningham stated that the District is on pay-go for OPEB and that
the Net OPEB Liability for fiscal year ending June 30, 2012 will be $3.4 Million.
Mr. Zwiener updated the committee on the proposed GASB exposure draft on
changes to Pension Accounting and Financial Reporting
Mrs. Bellville presented the July and August 2011 Adjustment Review reports and
asked that they be entered into the record. The committee unanimously accepted the report into
the record.
Mrs. Bellville reported the financial condition of the District was in good condition.
She indicated that collections of revenues and fund balances would need additional attention
going forward in this new fiscal year to ensure that overall good condition would continue.
Mr. Tyminski reported the bond issue status to the committee. This is item #30 on
tonight’s agenda. Mr. Tyminski stated that the New England Pension Consultant contract is up
for renewal and given their performance, the District recommends a one-year extension of the
contract, and this item will be brought to the Board for consideration in November.
Mr. Theerman reviewed the proposed drafts of the MBE and WBE Utilization
Program for both Professional Services Projects and Construction Projects. After reviewing the
highlighted changes in the policy documents, he concluded that these changes would bring the
District’s policy in line with the City of St. Louis’ policy. Mr. Buford opened the floor for
comments from attendees in the audience.
Mr. Murray Edwards asked if good faith efforts would be required throughout the
life of the project.
Mr. Adolphus Pruitt of NAACP raised the matter of bringing in consultants to
ensure that best practices were implemented as well as expand the current MBE and WBE
Program.
Mr. Steve Lewis, with AGC suggested to committee that clearer definitions of
these suppliers granted 20% participation would be beneficial, as well as what happens when a
contractor is deemed non-responsive.
Mr. Thomas Nellums, of MOKAN supported the changes being made and
suggested an advisory board so that additional dialogue could take place.
Mrs. Cathy Busking, of Busking Engineering asked for a more equitable
percentage breakdown between MBE and WBE of the minority participation so that firms like
Busking Engineering, a WBE have additional opportunities to grow their businesses.
Mrs. Yapheet El-Amin, of MOKAN applauded the District for trying to improve the
minority policies. However, she would have liked more time to look over the document in order
to provide constructive feedback on the draft. Mrs. El-Amin would like to see a Mentor
Program/On the Job training goals, as well as same requirements of 25% & 5% required of
minority leads on contracts as well.
Mr. Buford suggested that staff review the proposed policy for potential changes
and that it be presented to the Stakeholders committee at their next meeting.
Mr. Tyminski reported the funding of Emerging Market Debt Manager, Pictet was
funded.
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The Executive Director reported that on August 6, 2011, Region 7 of the American
Society of Civil Engineers presented its regional awards. This Region of ASCE includes the
states of Missouri, Kansas, Iowa, Nebraska, Colorado, Wyoming, and South Dakota. At this
ceremony, MSD employee Gary Moore was presented with the Lifetime Achievement Award.
This award recognizes Gary for his career long effort to further advance the field of civil
engineering through his contributions, innovative concepts, research and experience that stands
out among his peers. Gary is a Manager in the Engineering Department’s Planning Division and
is responsible for the long term planning of MSD’s Capital Program. Gary, would you please
stand up and be recognized.
Mr. Moore stated said that his award was not a single person’s award, but for all
individuals he has worked with from supervisors to his peers and especially his team.
Item 20 on tonight’s agenda is an agreement with Trailnet to participate in
research associated with evaluating property rights related to Grant’s Trail as part of the Gravois
Trunk sewer project. This sewer project will allow the removal of sanitary sewer overflows along
Gravois Creek in south St. Louis County. Construction of this trunk sewer has the potential to
impact portions of the Grants Trail bike path.
The District’s Rate Commission is charged with delivery of a rate report to the
Board of Trustees by October 21st. This rate report will then be reviewed by District staff and
the Board. The Charter provides for a 45-day waiting period while the report is considered. No
action on the rate report itself can occur until after December 5th.
Item 33 on tonight’s agenda is necessary to perform another revision to the
District’s tax ordinance. An obscure provision in the tax calculations that comes into play when
a tax that has been voluntarily rolled back and is reinstituted requires a 0.002% change in the
District’s stormwater tax. We were informed of the need for this change by the city tax assessor
this week and have included it on tonight’s agenda.
Mr. Theerman thanked Mr. Greg Rebman for his service to the District. Mr.
Rebman stated that it was a privilege to work for such an outstanding organization.
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Mr. Sullivan address the Board and questioned the disparity in cost estimates for
agenda the Northland Lateral sanitary relief project. Mr. Hoelscher responded that this was a
supplemental appropriation and the work had been bid. Mr. Sullivan questioned why $84,000 is
being paid for an insurance consultant. Ms. Taylor-Edwards responded that it is more effective
to pay an insurance broker a consulting fee versus a commission.
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Mr. Steve Lewis addressed the Board and indicated that his organization had
additional comments related to the proposed M/WBE policy that will be provided at the
upcoming Stakeholders meeting.
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CONSENT AGENDA
Mr. Berry requested that Proposed Ordinance No. 13312 be voted on separately.
ADOPTION OF PROPOSED ORD. NO. 13309 (ORDINANCE NO. 13309) MAKING A
SUPPLEMENTAL APPROPRIATION OF $2,000,000.00 FROM THE SANITARY
REPLACEMENT FUND TO BE USED FOR PROJECT COSTS FOR INFRASTRUCTURE
REPAIRS (SANITARY/COMBINED) (FY2012) (10663) IN THE CITY OF ST. LOUIS AND
ST. LOUIS COUNTY, MISSOURI.
ADOPTION OF PROPOSED ORD. NO. 13310 (ORDINANCE NO. 13310) APPROPRIATING
$153,000.00 FROM THE GRAVOIS CREEK OMCI FUND TO BE USED FOR PROJECT
COSTS FOR THE CONSTRUCTION OF STORM SEWERS IN SOUTH KIRKWOOD ROAD
#906 STORM SEWER REPLACEMENT (10758) IN KIRKWOOD, MISSOURI; AND
AUTHORIZING THE EXECUTIVE DIRECTOR AND SECRETARY-TREASURER ON BEHALF
OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT TO ENTER INTO A CONTRACT
WITH TAP UTILITIES, LLC FOR THE AFORESAID CONSTRUCTION.
ADOPTION OF PROPOSED ORD. NO. 13311 (ORDINANCE NO. 13311) MAKING A
SUPPLEMENTAL APPROPRIATION OF $2,700,000.00 FROM THE SANITARY
REPLACEMENT FUND TO BE USED FOR PROJECT COSTS FOR THE CONSTRUCTION
OF SANITARY SEWERS IN THE LEMAY WWTP WET WEATHER EXPANSION OUTFALL
SEWER (10683), IN UNINCORPORATED ST. LOUIS COUNTY, MISSOURI; AND
AUTHORIZING THE EXECUTIVE DIRECTOR AND SECRETARY-TREASURER ON BEHALF
OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT TO AMEND THE EXISTING
CONTRACT WITH SAK CONSTRUCTION, LLC FOR THE CONSTRUCTION OF THE
AFORESAID SANITARY SEWERS.
ADOPTION OF PROPOSED ORD. NO. 13313 (ORDINANCE NO. 13313) TRANSFERRING
$15,000.00 FROM THE IMPROVEMENT FUND TO THE GENERAL FUND, AND $120,000.00
FROM THE IMPROVEMENT FUND TO THE SANITARY REPLACEMENT FUND,
APPROPRIATING $15,000.00 FROM THE GENERAL FUND, AND $120,000.00 FROM THE
SANITARY REPLACEMENT FUND TO BE USED FOR THE GENERAL SERVICES
AGREEMENT – SEWER & CHANNEL DESIGN (FY2012) (SUPPLEMENTAL) CONTRACT B
(10621) 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 AMEND THE EXISTING
CONTRACT WITH EDM INCORPORATED FOR GENERAL SERVICES AGREEMENT –
SEWER & CHANNEL DESIGN (FY2012) (SUPPLEMENTAL) CONTRACT B (10621) FOR
GENERAL ENGINEERING SERVICES AT VARIOUS LOCATIONS THROUGHOUT THE
DISTRICT.
ADOPTION OF PROPOSED ORD. NO. 13314 (ORDINANCE NO. 13314) AUTHORIZING THE
EXECUTIVE DIRECTOR AND SECRETARY-TREASURER TO LEASE CERTAIN REAL
PROPERTY OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT, LYING IN THE CITY
OF ST. LOUIS, MISSOURI KNOWN AS A TRIANGULAR SHAPED PORTION OF THE RIVER
DES PERES RIGHT OF WAY ADJACENT TO 7153 MARDEL TO LINDENWOOD PARK
NEIGHBORHOOD ASSOCIATION, AND TO EXECUTE A LEASE AGREEMENT UPON THE
CONDITIONS HEREINAFTER SET OUT.
Plan Approval
Edgewood Sanitary Relief (BP-592) (BP-301) (11112)
This project, located west of Interstate 170 and south of Natural Bridge Road in
the City of Berkeley, is to alleviate sanitary sewer overflows due to overcharged
mains and removal of two SSOs. This project is in the Fiscal Year 2012 Budget
and the estimated construction cost is $371,000.
Hardwick Court Channel Improvements and Sanitary Sewer Protection (MCMB-510) (10305)
This project, located south of Interstate 270 and east of West Florissant Avenue in
unincorporated St. Louis County, is to protect a sanitary sewer and three
residential properties from channel erosion. This project is in the Fiscal Year 2012
Budget and the estimated construction cost is $755,000.
Nectar I/I Reduction (BP-290) (11111)
This project, located south of Interstate 270 and west of Bellefontaine Road in the
City of Bellefontaine Neighbors, is to alleviate building backups and overcharged
sanitary sewers, and remove a constructed SSO. This project is in the Fiscal Year
2012 Budget and the estimated construction cost is $489,000.
Lemay WWTP Disinfection Facilities (10681)
This project, located on South Broadway at Hoffmeister Avenue in the
Unincorporated St. Louis County, is to meet EPA and MDNR regulatory mandates
requiring disinfection of effluent. This project is in the Fiscal Year 2012 Budget
and the estimated construction cost is $25,043, 000.
Motion made by Mr. Buford, seconded by Mr. Ross, that the Consent Agenda be
adopted.
Motion passed – 6 ayes, no nays
Poll taken: E. Ross aye D. Visintainer aye
J. Goffstein aye J. Buford aye
G. Feldhaus aye R. Berry aye
ADOPTION OF PROPOSED ORD. NO. 13312 (ORDINANCE NO. 13312) TRANSFERRING
$55,000.00 FROM THE IMPROVEMENT FUND TO THE GENERAL FUND, AND $80,000.00
FROM THE IMPROVEMENT FUND TO THE SANITARY REPLACEMENT FUND,
APPROPRIATING $55,000.00 FROM THE GENERAL FUND, AND $80,000.00 FROM THE
SANITARY REPLACEMENT FUND TO BE USED FOR THE GENERAL SERVICES
AGREEMENT – SEWER & CHANNEL DESIGN (FY2012) (SUPPLEMENTAL) CONTRACT A
(10620) 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 AMEND THE EXISTING
CONTRACT WITH DAVID MASON & ASSOCIATES, INC. FOR GENERAL SERVICES
AGREEMENT – SEWER & CHANNEL DESIGN (FY2012) (SUPPLEMENTAL) CONTRACT A
(10620) FOR GENERAL ENGINEERING SERVICES AT VARIOUS LOCATIONS
THROUGHOUT THE DISTRICT.
Motion made by Mr. Buford, seconded by Mr. Visintainer, that Proposed Ord. No.
13312 be adopted.
Motion passed – 5 ayes, no nays, 1 abstain
Poll taken: E. Ross aye D. Visintainer aye
J. Goffstein aye J. Buford aye
G. Feldhaus aye R. Berry abstain
The Chair declared the Consent Agenda adopted.
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UNFINISHED BUSINESS
Ordinances
None
Resolutions
None
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NEW BUSINESS
Ordinances
INTRODUCTION OF PROPOSED ORD. NO. 13315 AUTHORIZING THE EXECUTIVE DIRECTOR AND
SECRETARY-TREASURER ON BEHALF OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT
(“MSD”) TO ENTER INTO AN AGREEMENT WITH TRAILNET WHEREBY MSD AND TRAILNET WILL
EVALUATE PROPERTY RIGHTS RELATED TO GRANT'S TRAIL AS PART OF THE GRAVOIS TRUNK
(WHITECLIFF TO RDP) SANITARY RELIEF PROJECT (10496).
Proposed Ord. No. 13315 was presented and read. This ordinance authorizes the
District to enter into an agreement with Trailnet, Inc.. Trailnet, Inc. is a non-profit organization
that is the owner of a six-mile section of former railroad right-of-way, now being used as a
recreational trail known as Grant’s Trial. St. Louis County (Parks) operates the trail under a
long-term lease with Trailnet, Inc. The District is interested in utilizing the old railroad corridor as
an alignment for a sewer project. Certain legal aspects need to be researched in order to
assess the viability of using this corridor.
Motion made by Mr. Feldhaus, seconded by Mr. Visintainer that proposed Ord. No.
13315 be introduced.
Motion passed – 6 ayes, no nays
Poll taken: J. Goffstein aye E. Ross aye
D. Visintainer aye J. Buford aye
G. Feldhaus aye R. Berry aye
INTRODUCTION OF PROPOSED ORD. NO. 13317 APPROPRIATING $275,000.00 FROM
THE OPERATION, MAINTENANCE AND CONSTRUCTION IMPROVEMENT FUND OF
GRAVOIS CREEK TO BE USED FOR PROJECT COSTS FOR SANITARY SEWER
CONSTRUCTION AND CHANNEL STABILIZATION IN FILLMORE - ELLIOT BANK
STABILIZATION (GCKC-130) (10002), IN THE CITY OF KIRKWOOD, 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 CONSTRUCTION.
Proposed Ord. No. 13317 was presented and read. The work to be done under
Contract #10688 consists of the construction of approximately 347 lineal feet of pipe sewers
varying in size from 6-inches to 18-inches in diameter, 193 square yards of rock lining, 109
square yards of grade control, 710 square yards of bank protection biostabilization, and
appurtenances. The purpose of this project is to alleviate stream bank erosion to protect homes
and sanitary sewers. This project is scheduled to be completed in 180 days.
Motion by Mr. Ross, seconded by Mr. Buford that proposed Ord. No. 13317 be
introduced.
Motion passed – 6 ayes, no nays
Poll taken: J. Goffstein aye G. Feldhaus aye
E. Ross aye D. Visintainer aye
J. Buford aye R. Berry aye
INTRODUCTION OF PROPOSED ORD. NO. 13318 APPROPRIATING $850,000.00 FROM
THE OPERATION, MAINTENANCE AND CONSTRUCTION IMPROVEMENT FUND OF
MALINE CREEK TO BE USED FOR PROJECT COSTS FOR CHANNEL STABILIZATION AND
SEWER CONSTRUCTION IN HARDWICK COURT CHANNEL IMPROVEMENTS AND
SANITARY SEWER PROTECTION (MCMB-510) (10305), 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 XL CONTRACTING, INC. FOR THE AFORESAID
CONSTRUCTION.
Proposed Ord. No. 13318 was presented and read. The work to be done under
Contract #10700 consists of the construction of approximately 422 square yards of bank
protection – biostabilization, 870 square yards of composite revetment, 814 cubic yards of grade
control channel, 384 square feet of retaining wall construction, 747 square yards of reinforced
concrete channel, 142 lineal feet of 60-inch diameter sanitary sewers, and appurtenances. The
purpose of this project is to protect a sanitary sewer and three residential properties from
channel erosion. This project is scheduled to be completed in 150 days.
Motion by Mr. Visintainer, seconded by Mr. Feldhaus that proposed Ord. No.
13318 be introduced.
Motion passed – 6 ayes, no nays
Poll taken: J. Goffstein aye G. Feldhaus aye
E. Ross aye D. Visintainer aye
J. Buford aye R. Berry aye
INTRODUCTION OF PROPOSED ORD. NO. 13319 APPROPRIATING $2,400,000.00 FROM
THE SANITARY REPLACEMENT FUND TO BE USED FOR PUMP STATION
IMPROVEMENTS IN INFRASTRUCTURE REPAIR #087P CAULKS CREEK "A" (P-750)
PHASE V (10655); IN THE CITY OF CHESTERFIELD, MISSOURI; AND AUTHORIZING THE
EXECUTIVE DIRECTOR AND SECRETARY-TREASURER ON BEHALF OF THE
METROPOLITAN ST. LOUIS SEWER DISTRICT TO ENTER INTO A CONTRACT WITH
PLOCHER CONSTRUCTION COMPANY, INC., FOR THE AFORESAID CONSTRUCTION.
Proposed Ord. No. 13319 was presented and read. The work to be done under
Contract #10704 consists of the construction of the replacement of three pumps and the Motor
Control Center. This construction is the fifth phase of a multi-phase improvement program. The
purpose of this project is to update mechanical and electrical components at the Caulks Creek
Pump Station “A”. This project is scheduled to be completed in 440 days.
Motion by Mr. Buford seconded by Mr. Feldhaus that proposed Ord. No. 13319 be
introduced.
Motion passed – 6 ayes, no nays
Poll taken: J. Goffstein aye G. Feldhaus aye
E. Ross aye D. Visintainer aye
J. Buford aye R. Berry aye
INTRODUCTION OF PROPOSED ORD. NO. 13320 REPEALING ORDINANCE NO. 13256
ADOPTED JUNE 9, 2011, AND ENACTING A NEW ORDINANCE APPROPRIATING
$340,000.00 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 FRED M. LUTH & SONS, INC. FOR THE
AFORESAID STORM SEWER CONSTRUCTION.
Proposed Ord. No. 13320 was presented and read. Ordinance No. 13256, which
appropriated $260,000 and authorized a contract for this project, is being repealed and replaced
by this ordinance. The work to be done under Contract #10650 consists of the construction of
approximately 1,315 lineal feet of pipe sewers varying in size from 6-inches to 24-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 240 days.
Motion by Mr. Feldhaus seconded by Mr. Visintainer that proposed Ord. No. 13320
be introduced.
Motion passed – 6 ayes, no nays
Poll taken: J. Goffstein aye G. Feldhaus aye
E. Ross aye D. Visintainer aye
J. Buford aye R. Berry aye
INTRODUCTION OF PROPOSED ORD. NO. 13321 APPROPRIATING $1,900,000.00 FROM
THE SANITARY REPLACEMENT FUND TO BE USED FOR PROJECT COSTS FOR THE
CONSTRUCTION OF SANITARY SEWERS IN BAUMGARTNER & BLACK FOREST
SANITARY REPLACEMENT PHASE I (10066), 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
SANITARY SEWER CONSTRUCTION.
Proposed Ord. No. 13321 was presented and read. The work to be done under
Contract #10687 consists of the construction of approximately 3,300 lineal feet of 8-inch to 24-
inch diameter sanitary sewers and appurtenances. This construction is the first phase of a
multi-phase improvement program. The purpose of this project is to alleviate sanitary backups,
overflowing manholes, and overcharged sanitary sewers during wet weather events. This
project is scheduled to be completed in 365 days.
Motion by Mr. Ross seconded by Mr. Feldhaus that proposed Ord. No. 13321 be
introduced.
Motion passed – 6 ayes, no nays
Poll taken: J. Goffstein aye G. Feldhaus aye
E. Ross aye D. Visintainer aye
J. Buford aye R. Berry aye
INTRODUCTION OF PROPOSED ORD. NO. 13322 APPROPRIATING $100,000.00 FROM
THE SANITARY REPLACEMENT FUND TO BE USED FOR SANITARY SEWER
CONSTRUCTION AT CHAI HOUSE PUMP STATION (P-747) ELIMINATION (10550), IN
UNINCORPORATED ST. LOUIS COUNTY, MISSOURI; AND AUTHORIZING THE
EXECUTIVE DIRECTOR AND SECRETARY-TREASURER ON BEHALF OF THE
METROPOLITAN ST. LOUIS SEWER DISTRICT TO ENTER INTO A CONTRACT WITH J. H.
BERRA CONSTRUCTION CO., INC. FOR THE CONSTRUCTION OF THE AFORESAID
SEWERS.
Proposed Ord. No. 13322 was presented and read. The work to be done under
Contract #10701 consists of the construction of approximately 433 lineal feet of 8-inch diameter
sanitary sewers and appurtenances. The purpose of this project is to eliminate instead of
rehabilitating a sanitary pump station. This project is scheduled to be completed in 120 days.
Motion by Mr. Feldhaus seconded by Mr. Ross that proposed Ord. No. 13322 be
introduced.
Motion passed – 6 ayes, no nays
Poll taken: J. Goffstein aye G. Feldhaus aye
E. Ross aye D. Visintainer aye
J. Buford aye R. Berry aye
INTRODUCTION OF PROPOSED ORD. NO. 13323 APPROPRIATING $195,000.00 FROM
THE SANITARY REPLACEMENT FUND TO BE USED FOR PROJECT COSTS FOR THE
CONSTRUCTION OF SANITARY SEWERS IN FOREST VALLEY ODOR CONTROL PHASE II
(10606) 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
GERSHENSON CONST. CO., INC. FOR THE AFORESAID CONSTRUCTION.
Proposed Ord. No. 13323 was presented and read. The work to be done under
Contract #10689 consists of the construction of approximately 1,662 lineal feet of force main
pipe sewer 4-inches in diameter and appurtenances. The purpose of this project is to alleviate
odor in the area from discharge of a force main from a low-pressure sewer system. This project
is scheduled to be completed in 120 days.
Motion by Mr. Visintainer seconded by Mr. Feldhaus that proposed Ord. No. 13323
be introduced.
Motion passed – 6 ayes, no nays
Poll taken: J. Goffstein aye G. Feldhaus aye
E. Ross aye D. Visintainer aye
J. Buford aye R. Berry aye
INTRODUCTION OF PROPOSED ORD. NO. 13324 MAKING A SUPPLEMENTAL
APPROPRIATION OF $80,000.00 FROM THE SANITARY REPLACEMENT FUND TO BE
USED FOR PROJECT COSTS FOR THE CONSTRUCTION OF SANITARY SEWERS IN
NORTHLAND LATERAL SANITARY RELIEF (SKME-310) (2003110) IN THE CITIES OF
JENNINGS AND FERGUSON AND UNINCORPORATED ST. LOUIS COUNTY, MISSOURI;
AND AUTHORIZING THE EXECUTIVE DIRECTOR AND SECRETARY-TREASURER ON
BEHALF OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT TO AMEND THE
EXISTING CONTRACT WITH XL CONTRACTING, INC., INC. FOR THE CONSTRUCTION OF
THE AFORESAID SANITARY SEWERS.
Proposed Ord. No. 13324 was presented and read. The work to be done under
Contract #10715 consists of the construction of approximately 3,270 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 basement backups and overcharged sewer mains and elimination of two
sanitary sewer bypasses. This project is scheduled to be completed in 251 days.
Motion by Mr. Feldhaus seconded by Mr. Ross that proposed Ord. No. 13324 be
introduced.
Motion passed – 6 ayes, no nays
Poll taken: J. Goffstein aye G. Feldhaus aye
E. Ross aye D. Visintainer aye
J. Buford aye R. Berry aye
INTRODUCTION OF PROPOSED ORD. NO. 13325 DECLARING THE NECESSITY FOR THE
ACQUISITION OF AN EASEMENT 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 RIVERSIDE & YARNELL SANITARY RELIEF (SKME-400) 2006050 -
10146 TO SERVE THE NEEDS OF RESIDENTS OF THE AREA, AND AUTHORIZING THE
ACQUISITION OF SAID EASEMENT AND TEMPORARY CONSTRUCTION EASEMENTS BY
PURCHASE OR BY THE INSTITUTION OF CONDEMNATION PROCEEDINGS.
Proposed Ord. No. 13325 was presented and read. This ordinance authorizes the
staff to enter into condemnation proceedings for a permanent easement and a temporary
construction easement on one (1) parcel of ground located in Fenton (St. Louis County),
Missouri. This permanent easement and temporary construction easement is needed to
construct this project, which consists of approximately 13,200 feet of 8-inch to 48-inch diameter
sanitary sewers and appurtenances to eliminate basement backups and overcharged sanitary
sewers. The easements have been appraised. Currently, the District has been unable to
negotiate a settlement with the owner. This project is now tentatively scheduled to begin
construction in Fiscal Year 2013.
Motion by Mr. Visintainer seconded by Mr. Feldhaus that proposed Ord. No. 13325
be introduced.
Motion passed – 6 ayes, no nays
Poll taken: J. Goffstein aye G. Feldhaus aye
E. Ross aye D. Visintainer aye
J. Buford aye R. Berry aye
INTRODUCTION OF PROPOSED ORD. NO. 13326 DECLARING THE NECESSITY FOR THE
ACQUISITION OF AN EASEMENT 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 BROOKTON WAY TO MERAMEC BOTTOM ROAD SANITARY
RELIEF PHASE II (2000083 - 10401) TO SERVE THE NEEDS OF RESIDENTS OF THE
AREA, AND AUTHORIZING THE ACQUISITION OF SAID EASEMENT AND TEMPORARY
EASEMENTS BY PURCHASE OR BY THE INSTITUTION OF CONDEMNATION
PROCEEDINGS.
Proposed Ord. No. 13326 was presented and read. This ordinance authorizes the
staff to enter into condemnation proceedings for a permanent sewer easement and temporary
construction easements on one (1) parcel of ground located in St. Louis County, Missouri.
These easements are needed to construct this project, which consists of approximately 5,600
feet of 8-inch to 30-inch diameter sanitary relief sewers from Meramec Bottom Road at I-55
north to Brookton Way and Greenton Way. This project is for sanitary sewer surcharging,
overflows, and building backups due to an overcharged sanitary sewer. One (1) SSO Bypass
will be eliminated. These easements have been appraised. Currently, the District has been
unable to negotiate a settlement with the owners. This project is now tentatively scheduled to
begin construction in Fiscal Year 2013.
Motion by Mr. Buford seconded by Mr. Feldhaus that proposed Ord. No. 13326 be
introduced.
Motion passed – 6 ayes, no nays
Poll taken: J. Goffstein aye G. Feldhaus aye
E. Ross aye D. Visintainer aye
J. Buford aye R. Berry aye
INTRODUCTION OF PROPOSED ORD. NO. 13327 AUTHORIZING THE ISSUANCE OF NOT
TO EXCEED $39,769,300 PRINCIPAL AMOUNT OF SUBORDINATE WASTEWATER
SYSTEM REVENUE BONDS (STATE OF MISSOURI – DIRECT LOAN PROGRAM) SERIES
2011A OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT, FOR THE PURPOSE OF
IMPROVING, RENOVATING, REPAIRING, REPLACING AND EQUIPPING THE DISTRICT’S
WASTEWATER SYSTEM; PRESCRIBING THE FORM AND DETAILS OF THE BONDS AND
THE AGREEMENTS MADE BY THE DISTRICT TO FACILITATE AND PROTECT THEIR
PAYMENT; AND PRESCRIBING OTHER RELATED MATTERS.
Proposed Ord. No. 13327 was presented and read. This ordinance authorizing the
second phase of funding through a direct loan agreement with the State of Missouri that will
carry a serial 20 year repayment and a loan value of $39,769,300 This loan will carry a fixed
interest rate of 30% of the 25 municipal bond index at time of closing and will be used for the
construction of specific projects at the Missouri River Treatment Plant Expansion and
Disinfection project construction phase.
Motion by Mr. Ross seconded by Mr. Visintainer that proposed Ord. No. 13327 be
introduced.
Motion passed – 6 ayes, no nays
Poll taken: J. Goffstein aye G. Feldhaus aye
E. Ross aye D. Visintainer aye
J. Buford aye R. Berry aye
INTRODUCTION AND ADOPTION OF PROPOSED ORD. NO. 13328 AUTHORIZING THE
TRANSFER OF FUNDS TO THE GENERAL FUND FROM THE SANITARY REPLACEMENT
FUND IN THE AMOUNT OF $150,000.00; AND MAKING A SUPPLEMENTAL
APPROPRIATION OF $150,000.00 FROM THE GENERAL FUND TO BE USED FOR ST.
LOUIS COMBINED SEWER OVERFLOWS (2001141).
Proposed Ord. No. 13328 was presented and read. It has been determined that
adequate funding currently exists under the previous appropriation via Ordinance No. 12836 for
the St. Louis Flood Protection System project, and that the FY2012 budgeted amount of
$150,000 for the St. Louis Flood Protection System project is not needed at this time. This
$150,000 budgeted amount is requested to be reallocated to become a supplemental
appropriation to Ordinance No. 11441, to support another related effort with the Corps of
Engineers, the St. Louis Combined Sewer Overflows Project.
Motion by Mr. Visintainer seconded by Mr. Feldhaus that proposed Ord. No. 13328
be introduced.
Motion made, seconded and unanimously adopted to suspend the rules to allow
for adoption of proposed Ord. No. 13328.
Motion made by Mr. Buford, seconded by Mr. Visintainer that proposed Ord. No.
13328 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. 13328 adopted and it was assigned Ordinance No.
13328.
INTRODUCTION AND ADOPTION OF PROPOSED ORD. NO. 13329 AMENDING
ORDINANCE NO. 13316, AS ADOPTED SEPTEMBER 28, 2011, BY REPEALING SECTION
THREE AND ENACTING A NEW SECTION THREE IN LIEU THEREOF, PERTAINING TO
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.
Proposed Ord. No. 13329 was presented and read. The action determines 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 its various Subdistricts.
Motion by Mr. Ross seconded by Mr. Visintainer that proposed Ord. No. 13329 be
introduced.
Motion made, seconded and unanimously adopted to suspend the rules to allow
for adoption of proposed Ord. No. 13329.
Motion made by Mr. Feldhaus, seconded by Mr. Visintainer that proposed Ord. No.
13329 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. 13329 adopted and it was assigned Ordinance No.
13329.
Resolutions
ADOPTION OF RESOLUTION NO. 2992 ORDINANCE NO. 12936 ADOPTED AUGUST 13,
2009, AUTHORIZED THE EXECUTIVE DIRECTOR AND SECRETARY-TREASURER ON
BEHALF OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT TO ENTER INTO A
CONTRACT WITH MCGRIFF, SEIBELS, & WILLIAMS OF MISSOURI, INC. TO SERVE AS
THE DISTRICT’S BROKER OF RECORD AND PROVIDE OTHER SERVICES FOR THE
DISTRICT’S INSURANCE PROGRAM. (HELD)
Resolution No. 2992 was presented and read.
ADOPTION OF RESOLUTION NO. 2990 EXPRESSING THE BOARD OF TRUSTEES’
APPRECIATION TO MILTON GRASLE FOR HIS 14 YEARS OF EXEMPLARY SERVICE TO
THE METROPOLITAN ST. LOUIS SEWER DISTRICT FROM MAY 5, 1997, TO HIS
RETIREMENT EFFECTIVE OCTOBER 1, 2011.
Resolution No. 2990 was presented and read.
ADOPTION OF RESOLUTION NO. 2991 EXPRESSING THE BOARD OF TRUSTEES’
APPRECIATION TO GREGORY M. REBMAN FOR HIS 7 YEARS OF EXEMPLARY SERVICE
TO THE METROPOLITAN ST. LOUIS SEWER DISTRICT FROM DECEMBER 1, 2003, TO HIS
RETIREMENT EFFECTIVE OCTOBER 1, 2011.
Resolution No. 2991 was presented and read.
Motion made by Mr. Berry, seconded by Mr. Visintainer that Resolution Nos. 2990
and 2991 be adopted.
Motion passed – voice vote; 6 ayes, no nays
- - - -
Upon motion made Mr. Buford, seconded by Mr. Goffstein, and unanimously
passed, the meeting adjourned at 5:35 p.m.
Secretary-Treasurer