HomeMy Public PortalAbout1509th Board Journal 11-21-2011
JOURNAL OF THE (1509th) MEETING OF THE
BOARD OF TRUSTEES
THE METROPOLITAN ST. LOUIS SEWER DISTRICT
November 21, 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, V. Chair (excused) S. E. Myers, General Counsel
J. H. Goffstein R. D. Breig, Assistant 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; John Choinka,
GBA; Terry Briggs, Site; Ken Bush; Nick Niknejadi, John Coffman, Consumers Council of MO;
Lori Jones, Thompson Coburn; Don Willey, Laborers 110; Robert Mueller; Henry Johnson,
Morgan Stanley; Jennie Hoag, MS; Barry Gilbert, MS; Stephen Gregali, City of St. Louis; Bob
Ballsrud, Gilmore & Bell; Jason Terry, Gilmore & Bell; Sheila Holm, AARP; Jon Bergenthal,
Jacobs; Bently Green, Black & Veatch; Doug Hickey, HDR; Jim Schmersahl, Schmersahl-
Trealor; Dorothy White, WCA; Adolphus Pruitt, NAACP; Rob Kruenzel, RJN; Jim Coll, Jacobs;
Jennifer Florida, Board of Aldermen; Jim Dunajcilz, GBA; Lisa Langeneckert, BJH; Pam Hobbs,
Geotechnology; Dennice Kowelman, KEI; Nicole Young, CDM; Joe Britt, Wells Fargo; Ronny
Griffin, Laborers Local 110; Vicki LaRose, CDI; Susie McFarlind, WCA; Diane Fink, Gonzalez;
Steve Lewis, AGC; Todd Loretta, MSD; Ramona Dickens, MSD; Todd Aschbacher, MSD; Marie
Collins, Asst. Director of Engineering; Bret Berthold, Asst. Director of Operations; 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. Feldhaus, 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.
Motion passed – 5 ayes, no nays
Poll taken: D. Visintainer aye R. Berry aye
J. Goffstein aye G. Feldhaus aye
E. Ross aye
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. Visintainer, seconded by Mr. Berry, to reconvene into open
session.
Motion passed – 5 ayes, no nays
Poll taken: E. Ross aye D. Visintainer aye
J. Goffstein aye R. Berry aye
G. Feldhaus aye
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Upon motion made by Mr. Visintainer, seconded by Mr. Feldhaus, the Journal of
the October 13 and October 27, 2011 meetings were approved by unanimous voice vote.
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The Chair had no comments.
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Mr. Goffstein reported that the Stakeholder Relations Committee met at the
District’s Headquarters on October 20, 2011, at 7:30am. In attendance were Trustees Berry,
Buford, Goffstein, Ross and Visintainer.
First on the agenda included a discussion regarding proposed changes to the
District's MBE/WBE Policy for Construction and Professional Services. Mr. Theerman began
the discussion by indicating the Draft Policy distributed at the meeting had slight changes from
the policy that was distributed at the Finance Committee earlier in the month. He also indicated
that the District will improve its efforts in being more transparent in its distribution of information
and materials regarding MBE/WBE matters. Public comments included:
Concerns of the financial impact of the proposed policy changes
The drop in college enrollment and engineering student graduates and resulting
decline of selection pool of minority and women students to fulfill MBE/WBE
requirements
The impact of changing the percentage requirements for WBE's
Concerns that minority and women owned business are not being utilized enough
and often bypassed in the bidding process
�� S u b s t a n t i a t i o n a n d d a t a u s e d i n t h e d e c i s i o n t o c h a n g e t h e p o l i c y a n d p e r c e n t a g e
r e q u i r e m e n t s
�� C o n c e r n s o v e r " g o o d - f a i t h " e f f o r t s a n d w o r k - f o r c e g o a l s i n s u p p o r t o f d i v e r s i t y
�� T h e d i s p a r i t y i n t h e b i d d i n g p r o c e s s a n d s e l e c t i o n o f C i t y - b a s e d v e r s u s C o u n t y -
b a s e d b u s i n e s s e s
�� A p r o p o s e d 9 0 - d a y e x t e n s i o n f o r v a r i o u s a g e n c i e s t o r e v i e w t h e p o l i c y b e f o r e
b e i n g a p p r o v e d b y t h e B o a r d
�� C o n c e r n s o f t h e o r g a n i z e d l a b o r u n i o n s a n d o r g a n i z a t i o n s t o p r o v i d e e n o u g h
q u a l i f i e d a n d t r a i n e d M B E / W B E w o r k e r s f o r p r o j e c t w o r k
�� A r e q u e s t t o f o r m a t a s k f o r c e t o s t u d y a n d d e t e r m i n e w h a t a r e r e a l i s t i c a l l y
a c h i e v a b l e a n d e q u i t a b l e g o a l s
M r . G o f f s t e i n a c k n o w l e d g e d a p p r e c i a t i o n o f e v e r y o n e i n a t t e n d a n c e a n d t h e
c o m m e n t s p r e s e n t e d a n d n o t e d t h a t a l l w o u l d b e t a k e n u n d e r a d v i s e m e n t a n d t h e c o m m i t t e e
w o u l d r e p o r t b a c k t o t h e c o m m u n i t y i n d u e c o u r s e .
N e x t o n t h e a g e n d a , M r s . M y e r s a d d r e s s e d t h e p r o p o s e d p r i o r i t i e s f o r t h e 2 0 1 2
F e d e r a l a n d S t a t e L e g i s l a t i v e s e s s i o n s .
M r . L e C o m b d i s c u s s e d M S D ' s C u s t o m e r S e r v i c e S u r v e y i n g i n i t i a t i v e s a n d
p r o g r a m s t h a t h a v e b e e n i n e f f e c t s i n c e 1 9 9 6 . H e r e q u e s t e d t h a t a r e s o l u t i o n b e a d d e d t o t h e
N o v e m b e r B o a r d a g e n d a t o c o n t i n u e t h e s e s e r v i c e s . T h i s i s i t e m # 5 3 o n t o n i g h t ' s a g e n d a .
F i n a l l y , M r . T h e e r m a n d i s c u s s e d t h e n e e d t o r e v i e w p o t e n t i a l e l e c t i o n d a t e s
r e g a r d i n g t h e b o n d p r o p o s i t i o n a n d d e b t f i n a n c i n g r e q u i r e d t o f u n d o u r c a p i t a l i m p r o v e m e n t s f o r
t h e n e x t f o u r y e a r s . T h e u s e o f d e b t r e q u i r e s v o t e r a u t h o r i z a t i o n a n d i t w a s s u g g e s t e d t h a t w e
p l a c e a b o n d p r o p o s i t i o n o n t h e F e b r u a r y 2 0 1 2 e l e c t i o n b a l l o t . A s p e c i a l B o a r d m e e t i n g w a s
h e l d i n O c t o b e r t o i n t r o d u c e t h i s r e q u e s t f o r B o a r d a p p r o v a l .
T h e m e e t i n g w a s a d j o u r n e d a t 9 : 1 7 a m .
- - - -
M r . F e l d h a u s r e p o r t e d t h a t t h e F i n a n c e C o m m i t t e e m e t o n N o v e m b e r 8 , 2 0 1 1 . I n
a t t e n d a n c e w e r e T r u s t e e s B u f o r d , G o f f s t e i n , F e l d h a u s , R o s s a n d B e r r y . T h e C o m m i t t e e
a p p r o v e d m i n u t e s f r o m t h e O c t o b e r 1 1 t h m e e t i n g .
M r . T h e e r m a n r e v i e w e d t h e p r o p o s e d d r a f t s o f t h e M B E a n d W B E U t i l i z a t i o n
P r o g r a m f o r b o t h P r o f e s s i o n a l S e r v i c e s P r o j e c t s a n d C o n s t r u c t i o n P r o j e c t s . T h e C o m m i t t e e
d i s c u s s e d t h e h i g h l i g h t e d c h a n g e s i n t h e p o l i c y d o c u m e n t s . T h e c o n s e n s u s w a s t o m o v e t h e
p r o p o s e d p r o g r a m f o r w a r d f o r f u r t h e r c o n s i d e r a t i o n a t t h e D e c e m b e r B o a r d m e e t i n g . S t a f f w i l l
a l s o p u r s u e a c o n t r a c t t o c o n d u c t a D i s p a r i t y S t u d y f o r f u t u r e c o n s i d e r a t i o n b y t h e B o a r d .
M r s . E d w a r d s r e c o m m e n d e d t h e D i s t r i c t c h a n g e i t s m e d i c a l a n d d e n t a l p l a n s f r o m
U n i t e d H e a l t h C a r e t o C I G N A . E m p l o y e e s w i l l r e t a i n c o m p a r a b l e c o v e r a g e u n d e r t h e C I G N A
p l a n a n d t h e D i s t r i c t w i l l h a v e n o a d d i t i o n a l c o s t . A d d i t i o n a l l y , t h e r e i s a 1 % d e c r e a s e i n t h e c o s t
t o e m p l o y e e s b y m o v i n g t o t h e C I G N A d e n t a l p l a n . T h e s e a r e i t e m s # 3 9 a n d # 4 0 o n t h e
t o n i g h t s a g e n d a .
M r s . E d w a r d s r e c o m m e n d e d e x e r c i s i n g t h e s e c o n d y e a r r e n e w a l o p t i o n w i t h
S e c u r i t a s S e c u r i t y S e r v i c e s w i t h n o i n c r e a s e i n c o s t s . T h i s i s i t e m # 5 4 o n t o n i g h t s a g e n d a .
She also recommended the District renew its long-term disability plan with Liberty Mutual with a
10% reduction in cost. This is item # 41 on tonight’s agenda.
Mrs. Edwards recommended exercising the one-year options with the insurance
consulting services with McGriff, Seibels & Williams, the Flexible Benefit Plan with Tri-Star, the
employee life insurance plan with MetLife and the Employee Assistance Program (EAP)
administered by BJC. There is no cost increase associated with any of these options. These
are items #48, #49, #50 and #51 on tonight’s agenda.
Mrs. Edwards recommended the District renew its Excess Liability Program with
Starr Indemnity and the Combined General Liability Insurance Program with Missouri Public
Entity Risk Management Fund (MOPERM), which is an increase of $53,000 over last year.
These are items #37 and #38on tonight’s agenda.
Mrs. Myers reported the District received 17 responses to the General Legal
Services Request for Proposal. Eight firms were selected for oral presentation. The
recommended firms are Armstrong Teasdale, Thompson Coburn, The Hale Law Firm, and
Rynearson, Suess, Schnurbusch & Champion. These are items #43-46 on tonight’s agenda.
Ms. Kristen Finney-Cooke, from the District’s pension investment advisory firm
NEPC, reported 3rd Quarter Pension Fund results. At quarter end, the assets in the Fund
totaled approximately $188.1 million, a decrease of $19.6 million over the prior quarter. This
change reflected investment losses of $16.5 million and net outflows of $3.1 million. The Fund’s
allocation to equities was $55% at the end of the quarter, which is above the median public
fund’s allocation to equities of 51%. Ms. Finney-Cooke highlighted the performance of the
managers and indicated that three firms have been placed on the watch list.
Mr. Tyminski recommended the approval of a $39,769,300 State Revolving Fund
loan to fund the Missouri River Treatment Plant project. This is item #21 on tonight’s agenda.
Mrs. Zimmerman recommended changes in the District’s wastewater and
stormwater ordinances to allow the Director of Finance the authority to approve transfers from
the Capital Improvement 660 fund to the General Fund. These changes are required to comply
with accounting rule GASB 54. These are items #35 and #36 on tonight’s agenda.
Mrs. Zimmerman presented the September 2011 Adjustment Review Committee
reported as required by ordinance. The Committee accepted the report into the record. She
also reported on the financial condition of the District and indicated the overall assessment
continued as sound. She indicated a $2 million decrease in bad debt is beginning to yield results
from the District’s more aggressive collection program. Mrs. Zimmerman noted the use of
automated pre-collect calls was implemented in mid September and to date has resulted in
approximately $400,000 in collections for the partial month.
Mr. Theerman stated a presentation will be given at the December Finance
Committee meeting providing a comparison of the October 21st Rate Commission
recommendations and MSD’s original May 10th rate proposal.
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Mr. Visintainer reported that the Program Management Committee met on
November 3, 2011 at 7:30 a.m. The meeting was attended by Trustees Visintainer, Ross, and
Berry. The minutes of the October 4, 2011 meeting were approved.
The agenda items to be introduced tonight were presented and discussed,
including a detailed discussion regarding the following items:
Item 30 – Lemay WWTP Disinfection Facilities – Construction – The Committee
asked about the MWBE participation on this project. Staff explained that the nature of this
project resulted in fewer subcontracting opportunities than on most typical District building
projects. Also, approximately $5 million of the contract is to purchase disinfection equipment not
available through a MWBE supplier. Staff also discussed their review of the MWBE good faith
effort submitted by the low bidder.
Because of the good bids received for this project, staff is requesting $5 million
less than originally budgeted for the FY2012 appropriation for this project. This project has a
regulatory deadline of December 31, 2013 for completion of this project.
Item 32 – Lemay WWTP Disinfection Facilities – Engineering Services – This
requested appropriation is for services by the design engineer during the construction of this
project. Due to savings during the scoping, preliminary design, and design of this project, staff
is requesting $900,000 less than budgeted for this work.
Item 47 – CSO – Greenbriar – Staff is requesting introduction and adoption of this
project to assure that regulatory deadlines and commitments to property owners are met. Staff
previously notified the Board of Trustees at the October meeting of their intent to request
introduction and adoption of this project.
Item 10 – Trailnet Agreement – This item is scheduled for adoption tonight. At the
previous Board of Trustees’ meeting, the Executive Director reported on the need for this project
prior to introduction. Staff provided a brief overview of this agreement to the Committee prior to
requesting adoption.
At the last Stakeholders’ Committee meeting on Thursday, October 20, Jeff White
with Town and Country Masonry and Tuckpointing made a public comment that his company
was not chosen as a subcontractor for masonry work on the Missouri River Treatment Plant
project even though his company was the low bidder. The Stakeholders’ Committee requested
staff to investigate this claim and report to the Program Management Committee. Staff
contacted Mr. White that afternoon.
In talking with Mr. White, he confirmed that he was the third lowest bidder for this
work and approximately $370,000 higher than the low bidder. Mr. White also confirmed that he
was approached about providing work after bids were opened but was turned down by District
staff because he felt he needed to raise his prices in case of a labor action. Mr. White conveyed
to District staff that there are four MBE masonry companies in the area and he feels they should
get more work.
Finally, staff presented a progress report regarding District participation in Missouri
Department of Natural Resources stakeholder groups. Staff will make a presentation to the
Board regarding this report at the December Board meeting.
The meeting was adjourned at 8:15 a.m.
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Mr. Ross reported that the Audit Committee met on November 8, 2011 at 7:30am.
In attendance were Trustees Buford, Berry, Ross, Goffstein and Feldhaus. The minutes from the
prior meeting were approved.
Mr. Loretta provided the attendees with a copy of the Operational Review of the
Inventory Management 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 eight observations. He stated that the risk
associated with the observations ranged from low to medium. He described the action plans
developed by the process owners in response to the recommendations. Action plans are
scheduled to be completed by the end of March 2012.
Mr. Loretta distributed copies of the November 8, 2011 Internal Audit Status report
and summarized the status of each engagement listed. Mr. Schmersahl of Schmersahl Trealor,
provided the attendees with copies of the following:
Letter of Required Auditor’s Communication
Audited Schedule of Project Expenditures
Audited Enterprise Financial Statements as of June 30, 2011
Audited Wastewater Segment Financial Statements as of June 30, 2011
Mr. Schmersahl addressed the SAS 114 letter and explained that the letter
communicates the following items:
No significant accounting policies were adopted or changed during fiscal 2011.
No significant difficulties were encountered with management in performing and
completing the audit.
Management corrected all material misstatements.
No disagreements arose with management during the course of the audit.
Management made certain representations that are included in the Management
Representation Letter dated November 8, 2011.
Mr. Schmersahl also addressed the Audited Schedule of Project Expenditures. He
stated that the audited schedules were free of material misstatement and were in compliance for
the 96-month period ended June 30, 2011.
Next, Mr. Schmersahl addressed the Audited Enterprise Financial Statements as
of June 30, 2011, including the Statements of Cash Flows, Statements of Net Assets and
Statements of Revenues, Expenses and Changes in Net Assets, respectively. For each
financial statement, he provided an analysis of significant line items and variances in the current
year from the prior year.
Mr. Ross congratulated Ms. Zimmerman and the finance group for completing the
financial closing and audit processes in a timely and efficient manner. Ms. Zimmerman credited
accounting manager Kathleen Langevin with leading the effort to improve the process over prior
years.
Mr. Ross called upon Mr. Jim Schmersahl to present the summary of financial
statements for year-end June 30, 2011. Mr. Schmersahl indicated the audit went as planned
with a clean opinion on financial statements. He also stated that required reports, including the
CAFR, had been delivered to the District.
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The Executive Director reported that In October, the Stakeholders Committee was
presented with an agenda item for 2012 customer service surveying. The Committee approved
the item for consideration by the full Board. Since the October committee meeting, staff has
identified the need to perform a Stormwater Quality Survey, which measures the public’s
awareness of stormwater non-point source pollution. This survey is a regulatory requirement of
MSD’s Phase II Stormwater Permit. This survey has been added to the agenda item that was
presented to the Stakeholder’s Committee in October and increased the total cost of surveying
by $7,500. This revised information is reflected in the ordinance and detail sheet of tonight’s
agenda item number 52.
Len Toenjes the chair of the District’s Rate Commission will attend the next
Finance Committee Meeting scheduled on Tuesday, December 6. The purpose of his
attendance is to provide a brief presentation on the findings of the commission and answer any
questions. This is part of the Board’s review of the report, which was provided by the
commission on October 17th. A resolution taking action on the rate report could be placed on
the agenda for the December Board Meeting pending further review by the Trustees.
- - - -
Mr. John Coffman addressed the Board and indicated the organizations he
represents (Consumer Council of Missouri and AARP) intervened in the rate proposal process.
He asked the Board to consider amendments to the Minority Report such as a rate proposal
every two years, instead of every four years and a lower interest rate on bonds.
- - - -
Ms. Sheila Holm addressed the Board and expressed her concern of the rate
proposal. She supported the every two-year period for rate review, as well as, smaller rate
increases and lower bond interest.
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Mr. Sullivan addressed the Board and asked if the bond proposal would be voted
on at this meeting. Mr. Theerman responded that the item would be held and not be on the
February 2012 ballot. Mr. Sullivan questioned the amounts on the general legal services and
customer surveying contracts. Mr. Theerman responded the legal services contracts allow the
District to enter into service contracts with the budgeted amounts being managed by the
General Counsel.
- - - -
Mr. Nick Niknejadi addressed the Board and indicated the District worked in his
subdivision two years ago, but did not complete road paving at the end of the project. He stated
that the subdivision hired a firm to complete the paving and is looking for reimbursement from
the District. Mr. Theerman responded that it is the District’s understanding that the paving was
done as indicated in the contract and asked that Mr. Hoelscher work with Mr. Niknejadi to
resolve the issue.
- - - -
Mr. Ken Bush addressed the Board and indicated he’s a resident of the same
subdivision as Mr. Niknejadi. He informed the Board that the subdivision hired an engineering
firm and incurred expenses from paving the road. Mr. Berry responded that the District would
look into correcting the matter.
- - - -
CONSENT AGENDA
ADOPTION 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).
ADOPTION 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.
ADOPTION 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.
ADOPTION 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.
ADOPTION 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.
ADOPTION 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.
ADOPTION 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.
ADOPTION 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.
ADOPTION 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.
ADOPTION 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.
ADOPTION 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.
ADOPTION 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.
Plan Approval
Dellwood Sanitary Trunk Sewer Rehabilitation (11055)
This project, located north of Chambers Road and west of Halls Ferry Road in
unincorporated St. Louis County, 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 $567,000.
Grand Glaize Lagoon Wet Weather Storage Improvements (11113)
This project, located north of Marshall Road and east of Highway 141 in the City of
Valley Park, is to replace an inadequate existing 6-inch discharge line and to
improve storage capacity and operations of the lagoon to meet future permit
requirements. This project is in the Fiscal Year 2012 Budget and the estimated
construction cost is $201,000.
White Birch Way - Queen Ann Drive Storm Sewer (10797)
This project, located north of Interstate 270 and west of Lindbergh Boulevard in
the City of Hazelwood, is to alleviate yard flooding. This project is in the Fiscal
Year 2012 Budget and the estimated construction cost is $90,000.
Lemay WWTP Maintenance Building Structural Repair (10682)
This project, located in unincorporated St. Louis County, is to repair a damaged
concrete floor and replace the deaerator in the Lemay WWTP Maintenance
Building. This project is in Fiscal Year 2012 Budget and the estimated
construction cost is $390,000.
Coldwater Creek at Lynn Town Bank Stabilizaton (10284)
This project, located north of St. Charles Rock Road and west of Interstate 170 in
the City of Breckenridge Hills, is to alleviate bank erosion threatening Lynn Town
Drive, a parking lot and fence, and moderate risk of erosion at residential property.
This project is in the Fiscal Year 2012 Budget and the estimated construction cost
is $604,000.
Mable Ave. and Carson Road Storm Sewer (10698)
This project, located south of Airport Road and east of Interstate 170 in the City of
Kinloch, is to relieve street flooding and erosion. This project is in the Fiscal Year
2012 Budget and the estimated construction cost is $78,000.
Motion made by Mr. Visintainer, seconded by Mr. Feldhaus, that the Consent
Agenda be adopted.
Motion passed – 5 ayes, no nays
Poll taken: E. Ross aye D. Visintainer aye
J. Goffstein aye R. Berry aye
G. Feldhaus aye
The Chair declared the Consent Agenda adopted.
- - - -
UNFINISHED BUSINESS
Ordinances
Adoption of proposed Ord. No. 13330 calling a bond election to be held on February 7, 2012 in
the Metropolitan St. Louis Sewer District on the proposition whether to issue $945,000,000.00
principal amount of sewer revenue bonds. (HELD)
Resolutions
None
- - - -
NEW BUSINESS
Ordinances
INTRODUCTION OF PROPOSED ORD. NO. 13331 APPROPRIATING $490,000.00 FROM THE
SANITARY REPLACEMENT FUND TO BE USED FOR PROJECT COSTS FOR THE CONSTRUCTION
OF SANITARY SEWERS IN EDGEWOOD SANITARY RELIEF (BP-592) (BP-301) (11112), IN THE
CITY OF BERKELEY, 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. 13331 was presented and read. The work to be done under
Contract #10705 consists of the construction of approximately 1,212 lineal feet of pipe sewers
varying in size from 8-inches to 36-inches in diameter, 129 lineal feet of pipe-in-tunnel varying in
size from 8-inches to 10-inches in diameter, and appurtenances. The purpose of this project is
to alleviate sanitary sewer overflows due to overcharged mains and the removal of two (2)
SSOs. This project is scheduled to be completed in 180 days.
Motion made by Mr. Visintainer, seconded by Mr. Feldhaus that proposed Ord. No.
13331 be introduced.
Motion passed – 5 ayes, no nays
Poll taken: J. Goffstein aye E. Ross aye
D. Visintainer aye R. Berry aye
G. Feldhaus aye
INTRODUCTION OF PROPOSED ORD. NO. 13332 APPROPRIATING $15,000,000.00 FROM
THE SANITARY REPLACEMENT FUND TO BE USED FOR PROJECT COSTS FOR THE
CONSTRUCTION OF THE LEMAY WWTP DISINFECTION FACILITIES (10681), 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 KCI
CONSTRUCTION COMPANY FOR THE CONSTRUCTION OF THE AFORESAID
WASTEWATER TREATMENT PLANT.
Proposed Ord. No. 13332 was presented and read. The work to be done under
Contract #10707 consists of the construction of chlorination, dechlorination, ultraviolet (UV)
disinfection facilities, and associated civil, structural, mechanical, electrical and instrumentation
installations. The purpose of this project is to meet EPA and MDNR regulatory mandates
requiring disinfection of effluent. This project is scheduled to be completed in 545 days.
Motion by Mr. Ross, seconded by Mr. Feldhaus that proposed Ord. No. 13332 be
introduced.
Motion passed – 5 ayes, no nays
Poll taken: J. Goffstein aye G. Feldhaus aye
E. Ross aye D. Visintainer aye
R. Berry aye
INTRODUCTION OF PROPOSED ORD. NO. 13333 APPROPRIATING $420,000.00 FROM
THE SANITARY REPLACEMENT FUND TO BE USED FOR PROJECT COSTS FOR STORM
SEWER REHABILITATION IN NECTAR I/I REDUCTION (BP-290) (11111), IN THE CITY OF
BELLEFONTAINE NEIGHBORS, MISSOURI; AND AUTHORIZING THE EXECUTIVE
DIRECTOR AND SECRETARY-TREASURER ON BEHALF OF THE METROPOLITAN ST.
LOUIS SEWER DISTRICT TO ENTER INTO A CONTRACT WITH SAK CONSTRUCTION, LLC
FOR THE AFORESAID SANITARY SEWER CONSTRUCTION.
Proposed Ord. No. 13333 was presented and read. The work to be done under
Contract #10711 consists of the rehabilitation of approximately 43 structures and 3,309 lineal
feet of sewers varying in size from 12-inches to 42-inches in diameter, utilizing CIPP methods
and the removal of a sanitary sewer overflow pipe. The purpose of this project is to alleviate
building backups and overcharged sanitary sewers and remove one (1) constructed SSO. This
project is scheduled to be completed in 150 days.
Motion by Mr. Berry, seconded by Mr. Ross that proposed Ord. No. 13333 be
introduced.
Motion passed – 5 ayes, no nays
Poll taken: J. Goffstein aye G. Feldhaus aye
E. Ross aye D. Visintainer aye
R. Berry aye
INTRODUCTION OF PROPOSED ORD. NO. 13334 MAKING A SUPPLEMENTAL
APPROPRIATION OF $300,000.00 FROM THE SANITARY REPLACEMENT FUND FOR
ADDITIONAL ENGINEERING SERVICES FOR LEMAY WWTP DISINFECTION FACILITIES
(E-1265) (10681); AND AUTHORIZING THE EXECUTIVE DIRECTOR AND SECRETARY-
TREASURER ON BEHALF OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT TO
ENTER INTO AMENDMENT NO. 7 TO CONTRACT E-1265 WITH HDR ENGINEERING, INC.
FOR THE AFORESAID ENGINEERING SERVICES.
Proposed Ord. No. 13334 was presented and read. The work to be done under
Contract E-1265 authorizes the District to enter into Amendment No. 9 with HDR Engineering,
Inc. This amendment provides for the engineering construction phase services for the Lemay
WWTP Disinfection Facilities (10681) project. The low bid for this project is $21,229,000. The
amended design appropriation is $6,300,000.00.
Motion by Mr. Feldhaus seconded by Mr. Visintainer that proposed Ord. No. 13334
be introduced.
Motion passed – 5 ayes, no nays
Poll taken: J. Goffstein aye G. Feldhaus aye
E. Ross aye D. Visintainer aye
R. Berry aye
INTRODUCTION OF PROPOSED ORD. NO. 13335 DECLARING THE NECESSITY FOR THE
ACQUISITION OF EASEMENTS AND TEMPORARY EASEMENTS IN CERTAIN REAL
PROPERTY WITHIN THE METROPOLITAN ST. LOUIS SEWER DISTRICT FOR THE
PURPOSE OF CONSTRUCTION OF SEWERS AND RELATED APPURTENANCES IN THE
PROJECT KNOWN AS CONWAY LANE #48 SANITARY SEWER (IR) (10848) TO SERVE THE
NEEDS OF RESIDENTS OF THE AREA, AND AUTHORIZING THE ACQUISITION OF SAID
EASEMENTS AND TEMPORARY CONSTRUCTION EASEMENTS BY PURCHASE OR BY
THE INSTITUTION OF CONDEMNATION PROCEEDINGS.
Proposed Ord. No. 13335 was presented and read. This ordinance authorizes the
staff to enter into condemnation proceedings for a permanent sewer easement and temporary
construction easement on one (1) parcel of ground located in Ladue, Missouri. These
easements are needed to construct this project, which consists of approximately 80 lineal feet of
new 8-inch sanitary sewer and appurtenances. This project is for the replacement of an existing
6-inch sanitary sewer main that has deteriorated and is causing sanitary sewer spills. 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 2012.
Motion by Mr. Feldhaus seconded by Mr. Ross that proposed Ord. No. 13335 be
introduced.
Motion passed – 5 ayes, no nays
Poll taken: J. Goffstein aye G. Feldhaus aye
E. Ross aye D. Visintainer aye
R. Berry aye
INTRODUCTION OF PROPOSED ORD. NO. 13336 DECLARING THE NECESSITY FOR THE
ACQUISITION OF EASEMENTS AND TEMPORARY EASEMENTS IN CERTAIN REAL
PROPERTY WITHIN THE METROPOLITAN ST. LOUIS SEWER DISTRICT FOR THE
PURPOSE OF CONSTRUCTION OF SEWERS AND RELATED APPURTENANCES IN THE
PROJECT KNOWN AS BAUMGARTNER & BLACK FOREST SANITARY
REPLACEMENTPHASE II (10407) TO SERVE THE NEEDS OF RESIDENTS OF THE AREA,
AND AUTHORIZING THE ACQUISITION OF SAID EASEMENTS AND TEMPORARY
CONSTRUCTION EASEMENTS BY PURCHASE OR BY THE INSTITUTION OF
CONDEMNATION PROCEEDINGS.
Proposed Ord. No. 13336 was presented and read. This ordinance authorizes the
staff to enter into condemnation proceedings for a permanent sewer easement and temporary
construction easement on one (1) parcel of ground located in St. Louis County, Missouri. These
easements are needed to construct this project, which consists of construction of approximately
3950 feet of 8-inch to 21-inch pipe and appurtenances to eliminate sanitary backups,
overflowing manholes, and overcharged sanitary sewers during wet weather events. 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. Ross seconded by Mr. Visintainer that proposed Ord. No. 13336 be
introduced.
Motion passed – 5 ayes, no nays
Poll taken: J. Goffstein aye G. Feldhaus aye
E. Ross aye D. Visintainer aye
R. Berry aye
INTRODUCTION OF PROPOSED ORD. NO. 13337 AMENDING ORDINANCE NO. 8658, AS
ADOPTED MAY 13, 1992, BY REPEALING SECTION TWO, SECTION THREE AND SECTION
FOUR AND ENACTING A NEW SECTION TWO, SECTION THREE AND SECTION FOUR IN
LIEU THEREOF, AND AUTHORIZING THE DIRECTOR OF FINANCE TO MAKE TRANSFERS
BETWEEN THE SANITARY REPLACEMENT FUND, AND ANY OTHER APPROPRIATE
FUND, TO ACCOMMODATE THE ACCOUNTING OF COSTS AND PROPER CAPTURE OF
CAPITAL-RELATED EXPENSES FOR ANY PROJECT WHENEVER IT IS DEEMED
NECESSARY. THESE TRANSFERS SHALL BE MADE SUCH THAT THE TOTAL
ENCUMBRANCE BETWEEN THE TWO FUNDS NEVER EXCEEDS THE TOTAL
APPROPRIATION VALUE FOR ANY PROJECT.
Proposed Ord. No. 13337 was presented and read. GASB Statement #54 states
that all capital project funds are restricted to capital outlays only. This will ensure any
expenditure not strictly capital-oriented, (e.g., O&M expenses, G&A expenses, etc.) will be
recorded in another fund. In keeping with the GASB 54 regulations, the Sanitary Replacement
Fund (6660) will use monies only for those projects resulting in capital outlays. This shall include
all projects relating to the rehabilitation and/or replacement of the District’s Wastewater System.
The Director of Finance will be allowed to authorize and make transfers between the Sanitary
Replacement Fund (6660) and any appropriate fund to accommodate the proper accounting of
costs and accurate capture of capital-related expenses for any project whenever it is deemed
necessary. These transfers shall be made such that the total encumbrance between the two
funds never exceeds the total appropriation value for any specific project.
Motion by Mr. Ross seconded by Mr. Visintainer that proposed Ord. No. 13337 be
introduced.
Motion passed – 5 ayes, no nays
Poll taken: J. Goffstein aye G. Feldhaus aye
E. Ross aye D. Visintainer aye
R. Berry aye
INTRODUCTION OF PROPOSED ORD. NO. 13338 AMENDING ORDINANCE NO. 9034, AS
ADOPTED JUNE 16, 1993, BY REPEALING SECTION ONE AND SECTION TWO AND
ENACTING A NEW SECTION ONE AND SECTION TWO IN LIEU THEREOF, AND
AUTHORIZING THE DIRECTOR OF FINANCE TO MAKE TRANSFERS BETWEEN THE
STORMWATER REPLACEMENT FUND, AND ANY OTHER APPROPRIATE FUND, TO
ACCOMMODATE THE ACCOUNTING OF COSTS AND PROPER CAPTURE OF CAPITAL-
RELATED EXPENSES FOR ANY PROJECT WHENEVER IT IS DEEMED NECESSARY.
THESE TRANSFERS SHALL BE MADE SUCH THAT THE TOTAL ENCUMBRANCE
BETWEEN THE TWO FUNDS NEVER EXCEEDS THE TOTAL APPROPRIATION VALUE FOR
ANY PROJECT.
Proposed Ord. No. 13338 was presented and read. GASB Statement #54 states
that all capital project funds are restricted to capital outlays only. This will ensure any
expenditure not strictly capital-oriented, (e.g., O&M expenses, G&A expenses, etc.) will be
recorded in another fund. In keeping with the GASB 54 regulations, the Stormwater
Replacement Fund (6700) will use monies only for those projects resulting in capital outlays.
This shall include all projects relating to the rehabilitation, replacement and/or new construction
of the District’s Stormwater System. The Director of Finance will be allowed to authorize and
make transfers between the Stormwater Replacement Fund (6700) and any appropriate fund to
accommodate the proper accounting of costs and accurate capture of capital-related expenses
for any project whenever it is deemed necessary. These transfers shall be made such that the
total encumbrance between the two funds never exceeds the total appropriation value for any
specific project.
Motion by Mr. Ross seconded by Mr. Visintainer that proposed Ord. No. 13338 be
introduced.
Motion passed – 5 ayes, no nays
Poll taken: J. Goffstein aye G. Feldhaus aye
E. Ross aye D. Visintainer aye
R. Berry aye
INTRODUCTION OF PROPOSED ORD. NO. 13339 AWARDING A CONTRACT TO STARR
INDEMNITY & LIABILITY COMPANY (MCGRIFF, SEIBELS & WILLIAMS, OF MISSOURI INC.,
AGENT) FOR THE DISTRICT’S EXCESS UMBRELLA LIABILITY INSURANCE COVERAGE
FROM JANUARY 1, 2012 TO DECEMBER 31, 2012.
Proposed Ord. No. 13339 was presented and read. This insurance provides
coverage for liability claims and defense costs. This ordinance will authorize the District to enter
into a contract with Starr Indemnity & Liability Company from January 1, 2012 to January 1,
2013.
Motion by Mr. Visintainer seconded by Mr. Feldhaus that proposed Ord. No. 13339
be introduced.
Motion passed – 5 ayes, no nays
Poll taken: J. Goffstein aye G. Feldhaus aye
E. Ross aye D. Visintainer aye
R. Berry aye
INTRODUCTION OF PROPOSED ORD. NO. 13340 AWARDING A CONTRACT TO
MISSOURI PUBLIC ENTITY RISK MANAGEMENT FUND (MOPERM) (MCGRIFF, SEIBELS &
WILLIAMS OF MISSOURI, INC., AGENT) FOR THE DISTRICT’S COMBINED LIABILITY
INSURANCE COVERAGE FROM JANUARY 1, 2012 TO DECEMBER 31, 2012.
Proposed Ord. No. 13340 was presented and read. This insurance provides
coverage for liability claims, errors & omissions, employment claims and defense costs. This
ordinance will authorize the District to enter into a contract with MOPERM from January 1, 2012
to December 31, 2012. The policy provides $2,000,000 of coverage above a $100,000
deductible. MOPERM is issued on a calendar year basis and will be renewed for one year on
1/1/2012 at an estimated annual premium of $220,638.82. MOPERM will not have a final
premium until December 1.
Motion by Mr. Visintainer seconded by Mr. Feldhaus that proposed Ord. No. 13340
be introduced.
Motion passed – 5 ayes, no nays
Poll taken: J. Goffstein aye G. Feldhaus aye
E. Ross aye D. Visintainer aye
R. Berry aye
INTRODUCTION OF PROPOSED ORD. NO. 13341 AUTHORIZING THE EXECUTIVE
DIRECTOR AND SECRETARY-TREASURER ON BEHALF OF THE METROPOLITAN ST.
LOUIS SEWER DISTRICT TO ENTER INTO A CONTRACT WITH CIGNA FOR MEDICAL
PLAN BENEFITS FOR THE DISTRICT'S EMPLOYEES AND FAMILY MEMBERS.
Proposed Ord. No. 13341 was presented and read. During the renewal process for
the new plan year commencing February 1, 2012, Gallagher Benefits Services, Inc. solicited
bids from four (4) medical plan carriers including the incumbent. The Executive Committee
reviewed information received by Gallagher Benefits Services, Inc. from the four (4) medical
carriers. Based on comparison of the plan cost, networks, additional information that was
received, and the recommendation of Gallagher Benefits Services, Inc., the Committee elected
to enter into a contract with CIGNA effective to provide medical coverage for the district’s
employees.
Motion by Mr. Visintainer seconded by Mr. Feldhaus that proposed Ord. No. 13341
be introduced.
Motion passed – 5 ayes, no nays
Poll taken: J. Goffstein aye G. Feldhaus aye
E. Ross aye D. Visintainer aye
R. Berry aye
INTRODUCTION OF PROPOSED ORD. NO. 13342 AUTHORIZING THE EXECUTIVE
DIRECTOR AND SECRETARY-TREASURER ON BEHALF OF THE METROPOLITAN ST.
LOUIS SEWER DISTRICT TO ENTER INTO A CONTRACT WITH CIGNA FOR DENTAL PLAN
BENEFITS FOR THE DISTRICT'S EMPLOYEES AND FAMILY MEMBERS.
Proposed Ord. No. 13342 was presented and read. During the renewal process for
the new plan year commencing February 1, 2012, Gallagher Benefits Services, Inc. solicited
bids from seven (7) dental plan carriers including the incumbent. The Executive Committee
reviewed information received by Gallagher Benefits Services, Inc. from (4) dental plan carriers.
Based on a comparison of the plan costs, networks, additional information that was received,
and the recommendations of Gallagher Benefits Services, Inc. Committee elected to enter into a
contract with CIGNA effective 2/1/12 to provide dental coverage for the district’s employees.
Motion by Mr. Visintainer seconded by Mr. Feldhaus that proposed Ord. No. 13342
be introduced.
Motion passed – 5 ayes, no nays
Poll taken: J. Goffstein aye G. Feldhaus aye
E. Ross aye D. Visintainer aye
R. Berry aye
INTRODUCTION OF PROPOSED ORD. NO. 13343 AUTHORIZING THE EXECUTIVE
DIRECTOR AND SECRETARY-TREASURER ON BEHALF OF THE METROPOLITAN ST.
LOUIS SEWER DISTRICT TO ENTER INTO A CONTRACT WITH LIBERTY MUTUAL FOR
LONG-TERM DISABILITY INSURANCE FOR THE DISTRICT'S EMPLOYEES.
Proposed Ord. No. 13343 was presented and read. During the renewal process for
the new plan year commencing February 1, 2012, Gallagher Benefits Services Inc. solicited bids
from five (5) carriers including the incumbent. The Executive Committee reviewed information
received by Gallaher Benefits Services. Based on a comparison of the plan cost, additional
information received, and the recommendation of Gallagher Benefits Services, Inc., the
Executive Committee recommended entering in to a new contract with Liberty Mutual.
Motion by Mr. Visintainer seconded by Mr. Feldhaus that proposed Ord. No. 13343
be introduced.
Motion passed – 5 ayes, no nays
Poll taken: J. Goffstein aye G. Feldhaus aye
E. Ross aye D. Visintainer aye
R. Berry aye
INTRODUCTION OF PROPOSED ORD. NO. 13344 AUTHORIZING AND DIRECTING THE
ISSUANCE, SALE AND DELIVERY OF WASTEWATER SYSTEM REVENUE BONDS, SERIES
2011B, OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT; PRESCRIBING THE FORM
AND DETAILS OF SAID BONDS; AND AUTHORIZING CERTAIN ACTIONS AND
DOCUMENTS AND PRESCRIBING OTHER MATTERS RELATING THERETO.
Proposed Ord. No. 13344 was presented and read. Costs of Issuance of Series
2011B Bonds are estimated at $318,438 and will be paid from the proceeds of the Series 2011B
Bonds.
Motion by Mr. Feldhaus seconded by Mr. Ross that proposed Ord. No. 13344 be
introduced.
Motion passed – 5 ayes, no nays
Poll taken: J. Goffstein aye G. Feldhaus aye
E. Ross aye D. Visintainer aye
R. Berry aye
INTRODUCTION OF PROPOSED ORD. NO. 13345 AUTHORIZING THE EXECUTIVE
DIRECTOR AND SECRETARY-TREASURER ON BEHALF OF THE METROPOLITAN ST.
LOUIS SEWER DISTRICT TO ENTER INTO A CONTRACT WITH THE LAW FIRM OF
ARMSTRONG TEASDALE L.L.P. WHEREBY ARMSTRONG TEASDALE L.L.P., WILL
PROVIDE GENERAL LEGAL SERVICES TO THE DISTRICT.
Proposed Ord. No. 13345 was presented and read. This ordinance will provide
the District with general legal services, including, but not limited to, matters in the areas of
general civil litigation and research, human resources (such as employment, civil service, civil
rights, employee benefits and labor issues), real estate, environmental, administrative, and
public entity matters. In addition, the law firm may be called upon to assist the District with
administrative hearings associated with legal interactions with such administrative bodies as the
Rate Commission and Civil Service Commission.
Motion by Mr. Ross seconded by Mr. Visintainer that proposed Ord. No. 13345 be
introduced.
Motion passed – 5 ayes, no nays
Poll taken: J. Goffstein aye G. Feldhaus aye
E. Ross aye D. Visintainer aye
R. Berry aye
INTRODUCTION OF PROPOSED ORD. NO. 13346 AUTHORIZING THE EXECUTIVE
DIRECTOR AND SECRETARY-TREASURER ON BEHALF OF THE METROPOLITAN ST.
LOUIS SEWER DISTRICT TO ENTER INTO A CONTRACT WITH THE LAW FIRM OF
THOMPSON COBURN L.L.P. WHEREBY THOMPSON COBURN L.L.P., WILL PROVIDE
GENERAL LEGAL SERVICES TO THE DISTRICT.
Proposed Ord. No. 13346 was presented and read. This ordinance will provide
the District with general legal services, including, but not limited to, matters in the areas of
general civil litigation and research, human resources, (such as employment, civil service, civil
rights, employee benefits and labor issues), real estate, environmental, administrative, and
public entity matters. In addition, the law firm may be called upon to assist the District with
administrative hearings associated with legal interactions with such administrative bodies as the
Rate Commission and Civil Service Commission.
Motion by Mr. Ross seconded by Mr. Visintainer that proposed Ord. No. 13346 be
introduced.
Motion passed – 5 ayes, no nays
Poll taken: J. Goffstein aye G. Feldhaus aye
E. Ross aye D. Visintainer aye
R. Berry aye
INTRODUCTION OF PROPOSED ORD. NO. 13347 AUTHORIZING THE EXECUTIVE
DIRECTOR AND SECRETARY-TREASURER ON BEHALF OF THE METROPOLITAN ST.
LOUIS SEWER DISTRICT TO ENTER INTO A CONTRACT WITH THE HALE LAW FIRM
WHEREBY THE HALE LAW FIRM, WILL PROVIDE GENERAL LEGAL SERVICES TO THE
DISTRICT.
Proposed Ord. No. 13347 was presented and read. This ordinance will provide
the District with general legal services, including, but not limited to, matters in the areas of
general civil litigation, research, human resource issues, employment, civil services and civil
rights matters. In addition, the law firm may be called upon to assist the District with
administrative hearings associated with legal interactions with such administrative bodies as the
Rate Commission and Civil Service Commission.
Motion by Mr. Feldhaus seconded by Mr. Visintainer that proposed Ord. No. 13347
be introduced.
Motion passed – 5 ayes, no nays
Poll taken: J. Goffstein aye G. Feldhaus aye
E. Ross aye D. Visintainer aye
R. Berry aye
INTRODUCTION OF PROPOSED ORD. NO. 13348 AUTHORIZING THE EXECUTIVE
DIRECTOR AND SECRETARY-TREASURER ON BEHALF OF THE METROPOLITAN ST.
LOUIS SEWER DISTRICT TO ENTER INTO A CONTRACT WITH THE LAW FIRM OF
RYNEARSON, SUESS, SCHNURBUSCH & CHAMPION L.L.C. WHEREBY RYNEARSON,
SUESS, SCHNURBUSCH & CHAMPION L.L.C., WILL PROVIDE GENERAL LEGAL
SERVICES TO THE DISTRICT.
Proposed Ord. No. 13348 was presented and read. This ordinance will provide the
District with general legal services, including, but not limited to, matters in the areas general civil
litigation, research, human resources, employment, civil services, civil rights and environmental
matters. In addition, the law firm may be called upon to assist the District with administrative
hearings associated with legal interactions with such administrative bodies as the Rate
Commission and Civil Service Commission.
Motion by Mr. Feldhaus seconded by Mr. Ross that proposed Ord. No. 13348 be
introduced.
Motion passed – 5 ayes, no nays
Poll taken: J. Goffstein aye G. Feldhaus aye
E. Ross aye D. Visintainer aye
R. Berry aye
INTRODUCTION AND ADOPTION OF PROPOSED ORD. NO. 13349 APPROPRIATING
$310,000.00 FROM THE SANITARY REPLACEMENT FUND TO BE USED FOR PROJECT
COSTS FOR THE COMBINED SEWER CONSTRUCTION - CSO-GREENBRIAR COMBINED
SEWER SEPARATION (10101), 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
SOUTHERN DITCHING & EXCAVATING COMPANY FOR THE AFORESAID SANITARY
SEWER CONSTRUCTION.
Proposed Ord. No. 13349 was presented and read. The work to be done under
Contract #10695 consists of the construction of approximately 1,154 lineal feet of pipe sewers
varying in size from 8-inches to 21-inches in diameter and appurtenances. The purpose of this
project is to separate a combined sewer system and remove one (1) CSO. This project will
eliminate one (1) CSO. This project is scheduled to be completed in 150 days.
Motion by Mr. Berry seconded by Mr. Visintainer that proposed Ord. No. 13349 be
introduced.
Motion made, seconded and unanimously adopted to suspend the rules to allow
for adoption of proposed Ord. No. 13349.
Motion made by Mr. Berry, seconded by Mr. Visintainer that proposed Ord. No.
13349 be adopted.
Motion passed – 5 ayes, no nays
Poll taken: J. Goffstein aye J. Buford aye
D. Visintainer aye R. Berry aye
E. Ross aye G. Feldhaus aye
The Chair declared proposed Ord. No. 13349 adopted and it was assigned Ordinance No.
13349.
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.
Resolution No. 2992 was presented and read.
ADOPTION OF RESOLUTION NO. 2997 WHEREAS ORDINANCE NO. 12556,
ADOPTEDDECEMBER 13, 2007, AUTHORIZED THE EXECUTIVE DIRECTOR AND
SECRETARY-TREASURER ON BEHALF OF THE METROPOLITAN ST. LOUIS SEWER
DISTRICT TO ENTER INTO A CONTRACT WITH TRI-STAR BENEFIT SYSTEMS, INC. TO
ADMINISTER THE DISTRICT’S FLEXIBLE BENEFIT PLAN AND PRESCRIPTIVE EYEWEAR
PLAN.
Resolution No. 2997 was presented and read.
ADOPTION OF RESOLUTION NO. 2998 WHEREAS ORDINANCE NO. 13178, ADOPTED
DECEMBER 9, 2010, AUTHORIZED THE EXECUTIVE DIRECTOR AND SECRETARY-
TREASURER ON BEHALF OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT TO
ENTER INTO A CONTRACT WITH METLIFE LIFE INSURANCE CORP. FOR THE GROUP
LIFE AND ACCIDENTAL DEATH & DISMEMBERMENT INSURANCE FOR THE DISTRICT’S
EMPLOYEES.
Resolution No. 2998 was presented and read.
ADOPTION OF RESOLUTION NO. 2999 WHEREAS ORDINANCE NO. 13023, ADOPTED
JANUARY 14, 2010, AUTHORIZED THE EXECUTIVE DIRECTOR AND SECRETARY-
TREASURER ON BEHALF OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT TO
ENTER INTO A CONTRACT WITH BJC EMPLOYEE ASSISTANCE PROGRAM WHEREBY
BJC EMPLOYEE ASSISTANCE PROGRAM WOULD PROVIDE EMPLOYEE ASSISTANCE
PROGRAM (EAP) SERVICES FOR DISTRICT EMPLOYEES.
Resolution No. 2999 was presented and read.
ADOPTION OF RESOLUTION NO. 3000 WHEREAS ORDINANCE NO. 12983, ADOPTED
NOVEMBER 12, 2009, AUTHORIZED THE EXECUTIVE DIRECTOR AND SECRETARY-
TREASURER ON BEHALF OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT TO
ENTER INTO A CONTRACT WITH ETC INSTITUTE, WHEREBY ETC INSTITUTE WOULD
PERFORM CUSTOMER SERVICE SURVEYING FOR THE DISTRICT.
Resolution No. 3000 was presented and read.
ADOPTION OF RESOLUTION NO. 3002 WHEREAS THE BOARD OF TRUSTEES OF THE
METROPOLITAN ST. LOUIS SEWER DISTRICT AUTHORIZING THE OFFERING FOR
SALE OF WASTEWATER SYSTEM REVENUE BONDS OF THE DISTRICT.
Resolution No. 3002 was presented and read.
ADOPTION OF RESOLUTION NO. 3003 WHEREAS ORDINANCE NO. 13176, ADOPTED
DECEMBER 9, 2010, AUTHORIZED THE EXECUTIVE DIRECTOR AND SECRETARY-
TREASURER ON BEHALF OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT TO
ENTER INTO A CONTRACT WITH SECURITAS SECURITY SERVICES USA WHEREBY
SECURITAS SECURITY SERVICES USA WILL PROVIDE SECURITY FOR THE DISTRICT’S
HEADQUARTERS BUILDING, DISTRICT EMPLOYEES AND THROUGHOUT THE DISTRICT
AS NEEDED.
Resolution No. 3003 was presented and read.
ADOPTION OF RESOLUTION NO. 2994 EXPRESSING THE BOARD OF TRUSTEES’
APPRECIATION TO CHRISTOPHER J. NACKLEY FOR HIS 25 YEARS OF EXEMPLARY
SERVICE TO THE METROPOLITAN ST. LOUIS SEWER DISTRICT FROM JUNE 23, 1986,
TO HIS RETIREMENT EFFECTIVE NOVEMBER 1, 2011.
Resolution No. 2994 was presented and read.
ADOPTION OF RESOLUTION NO. 2995 EXPRESSING THE BOARD OF TRUSTEES’
APPRECIATION TO CALVIN L. PASCHAL FOR HIS 30 YEARS OF EXEMPLARY SERVICE
TO THE METROPOLITAN ST. LOUIS SEWER DISTRICT FROM MAY 4, 1981, TO HIS
RETIREMENT EFFECTIVE NOVEMBER 1, 2011.
Resolution No. 2995 was presented and read.
ADOPTION OF RESOLUTION NO. 2996 EXPRESSING THE BOARD OF TRUSTEES’
APPRECIATION TO DAN L. RELLERGERT FOR HIS 21 YEARS OF EXEMPLARY SERVICE
TO THE METROPOLITAN ST. LOUIS SEWER DISTRICT FROM JANUARY 17, 1990, TO HIS
RETIREMENT EFFECTIVE NOVEMBER 1, 2011.
Resolution No. 2996 was presented and read.
Motion made by Mr. Feldhaus, seconded by Mr. Visintainer that Resolution Nos.
2992, 2994, 2995, 2996, 2997, 2998, 2999, 3000, 3002, and 3003 be adopted.
Motion passed – voice vote; 5 ayes, no nays
- - - -
Upon motion made Mr. Feldhaus, seconded by Mr. Ross, and unanimously
passed, the meeting adjourned at 6:03 p.m.
Secretary-Treasurer