HomeMy Public PortalAbout1510th Board Journal 12-8-2011
JOURNAL OF THE (1510th) MEETING OF THE
BOARD OF TRUSTEES
THE METROPOLITAN ST. LOUIS SEWER DISTRICT
December 8, 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 S. E. Myers, General Counsel
J. H. Goffstein K. J. Tyminski, Secretary-Treasurer
G.T. Feldhaus (via phone) 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; William Ray, St. Louis County; Ed Alizadeh, Geotechnology; Terry Briggs, Site; Mark
Kollitz, Woolpert; Gerry Ryan, IDCS; Charles Elrod, Laborers 110; Rev. Elston McCowan,
NAACP; Columbus Durham, Local 110; Tim Fischesser, STL Municipal League; John Coffman,
Consumers Council of MO; Robert Bella, HDR; Don Willey, Laborers 110; Mike Grady, UA
#562; Dave Yates, CH2M Hill; Jeff Aboussie, STL Building Trades; Jeremy Newtson, Raymond
James; David Laslo, SRA, LLC; Eric Cowan, BoA Merrill Lynch; Victor Remello, Laborer 110;
John Schilling, B & V; Robert Mueller; Luis Romero; Local 110; Stephen Gregali, City of St.
Louis; Steve Cauley, EMLDC Laborers; Steven MacDonald, LIUNA 110; Steven Ortiz, Laborer
110; Curt Wheeling, LIUNA; Joan Matzeder, Hardwick Law Firm; Michael Borgard, Woolpert;
Aaron Griesheimer, SITE; Omar Daghestoni, Raymond James; Jason Terry, Gilmore & Bell;
Sarah Turner, Gonzalez; Phil Culpepper, Ram-Res; Gary Elliott, Laborers; Kevin O’Keefe,
Laborers; Jeanne Vanda, PFM; Tionna Pooler, PFM; LeAnn Corzine, Laborer 110; Dorothy
Phillips, Laborer 110; John Kindschuh, MIEC; Tim Tappendorf, CMT; Abe Adewale, ABNA;
Lawrence Nwachukwu, Basilico Engineering; Richard Atkins, TDP; Adolphus Pruitt, NAACP;
Jennifer Bouquet, J & J Boring; Anil Moore, Laborers 110; Rebecca Rivas, STL American;
Yaphett El-Amin, MOKAN; R. Berry, RDB; Henry Johnson, MSSB; Bob Welsch, Stantec; Walle
Amusa, ADECS; Dorothy White, WCA; Jim Dunajcilz, GBA; Lisa Langeneckert, BJH; Dennice
Kowelman, KEI; Ronny Griffin, Laborers Local 110; David Cavendar, Horner & Shifrin; Marie
Dennis, Access Engineering; Jim Coll, Jacobs; Vicki LaRose, CDI; Warren Daniels, Morgan
Stanley; Rany Wood, Morgan Stanely; Tom Ratzki, B & V; Susie McFarlind, WCA; Steve Lewis,
AGC; Todd Loretta, MSD; Betsy Schubert, MSD; Ramona Dickens, MSD; Todd Aschbacher,
MSD; Marie Collins, Asst. Director of Engineering; Barb Mohn, Director of Information Systems;
Vicki Taylor-Edwards, 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. Ross, 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 J. Buford 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 pursuant to§610.021(1), RSMO 1988 SUPP.
No votes were taken on any issues.
Motion made by Mr. Buford, 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
J. Buford aye
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Upon motion made by Mr. Visintainer, seconded by Mr. Ross, the Journal of the
November 21, 2011 meeting was approved by unanimous voice vote.
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The Chair had no comments.
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Mr. Ross reported that the Audit Committee met at 7:30 a.m. on Tuesday
December 6, 2011. In attendance were Trustees Buford, Berry, Ross and Visintainer. The
Committee approved the minutes from the prior meeting.
Mr. Loretta provided the attendees with a copy of the report for the Process
Review for Construction Change Orders. He discussed the scope and objectives of the
engagement as well as the overall results. He stated that Internal Audit is of the opinion that the
internal controls and processes are effectively designed and implemented. He also stated that
the overall engagement was satisfactory. No significant findings or internal control deficiencies
were noted. Five issues were identified and addressed as observations in the report.
Mr. Schmersahl of Schmersahl Trealor provided the attendees with copies of the
audit reports as of June 30, 2011. He addressed the Fund Financial report and noted the report
contained a clean or unqualified opinion.
Next, Mr. Schmersahl addressed the Stormwater Segment Financial statements.
He informed the committee that this audit and presentation is new for this year and is a
continued outgrowth of the need for a presentation that segregates the results of stormwater
activities from wastewater activities. He stated that the report contains a clean or unqualified
opinion.
Mr. Schmersahl summarized the Independent Auditor’s reports on Federal
Awards. He stated that the District spent $5.6 million in Federal Award monies. The large
majority of the expenditures pertained to programs of the Missouri Department of Natural
Resources. The federal programs were audited to ensure compliance with the specific
requirements of each program. No reportable conditions were noted, and no difficulties were
encountered during the performance of the audit. Next, he reviewed the Agreed-Upon
Procedures Report for the Closure costs associated with the Prospect Hill Reclamation Project
and stated that all procedures were performed with no exceptions or findings noted.
Mr. Schmersahl stated that the finance group has made tremendous progress and
improvements over prior years on the management comment letter. However, there are still
more improvements that should be made.
The meeting adjourned at approximately 8:00 am.
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Mr. Buford reported that the Finance Committee met on December 6, 2011. In
attendance were Trustees Berry, Buford, Ross and Visintainer. The Committee approved
minutes from the November 8, 2011 meeting.
Mrs. Zimmerman presented a summary of the October 21st Rate Commission Rate
report compared to the District’s original May 10th rate proposal. The presentation included the
staff’s recommendations to comply with the Rate Report for the Committee’s consideration.
This presentation will be given tonight as part of the Executive Director’s Report. Mrs. Myers
provided a summary of the Rate Commission Minority Reports. These related to the term of the
rate plan, the interest cost associated with the proposal bonds, the inflation rate assumptions
used to project the District’s operation and maintenance costs and the level of the proposed
Capital Improvement Program. Pursuant to section 7.280(f) of the District’s Charter, the Board is
asked to accept or reject the Rate Commission Report. This will be Item #43 on tonight’s
agenda.
Mrs. Edwards recommended the appointment of R. Gary Durney to a three-year
term on the Civil Service Commission to fill the vacancy left by Valarie Patton. This will be Item
#8 on tonight’s agenda.
Mr. Tyminski reported the result of the recent bond credit agency meetings.
Standard & Poor’s upgraded the District’s bond rating from AA+ to AAA; Fitch downgraded its
bond rating from AAA to AA+, while Moody’s maintained the District’s bond rating at AA+. Mr.
Tyminski updated the Committee on the $52 million competitive bond sale scheduled for
December 8th and indicated it is proceeding as planned.
Mrs. Zimmerman presented the October 2011 Adjustment Review Committee
report 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.
Mr. Tyminski noted that two Board member openings were advertised this week.
Mr. Theerman indicated a discussion of possible Charter amendments would be
on the agenda for the January Stakeholder’s meeting.
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Mr. Visintainer reported that the Program Management Committee met on
November 29, 2011 at 7:30 a.m. The meeting was attended by Trustees Visintainer, Ross and
Berry.
The minutes of the November 3, 2011 meeting were approved.
The agenda items to be introduced tonight were presented and discussed,
including a detailed discussion regarding the following items:
Item 35 – Dellwood Sewer Rehabilitation – Staff and the Committee discussed the
contractors available for cured-in-place pipe work and the bids being received. In response to
the Committee’s question about whether there is any movement in the cost for this type of work,
staff responded that there seems to be some upward movement in pricing and the final cost of
bids yet to be received this fiscal year will give a good indication of where prices are going.
Item 39 – Acquisition of LiDAR Data – Staff presented information on how cost
effective this procurement is. The District is taking advantage of statewide pricing, advances in
the District’s GIS system, and grants awarded to East – West Gateway for the acquisition and
processing of needed geographic data.
Staff reviewed with the Committee the four-year capital program that was part of
the recent rate case. Design, construction, and asset management activities have all been
identified for the next four years. Staff will regularly report to the Board on the status of this four-
year program starting with the budget process this spring. Completion of a SSO Master Plan at
the end of calendar 2013 will provide the details and schedules for the SSO work required from
2017 to the end of the consent decree.
Staff reviewed the process for selecting Watershed Consultant teams to execute
the design of a large portion of the consent decree work over the next ten years. Staff is
completing contract negotiations and will present its recommendations to the Board at the
January Trustees’ meeting.
Finally, staff reviewed with the Committee the coordination efforts required over
the past 10 years in the upgrade of the Creve Coeur Creek sanitary system. Coordination was
required with Bellerive Country Club, MODOT, County Highway, and various utilities up to and
including the construction of District facilities and part of design/build highway projects funded
by federal stimulus funds.
The meeting was adjourned at 8:46 a.m.
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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.
At this meeting, Mrs. Myers presented the proposed 2012 Federal and State
Legislative priorities for the committee to consider. I would like to propose a motion that the
Board accept the proposed 2012 Federal and State Legislative priorities as presented.
Motion made by Mr. Goffstein, seconded by Mr. Visintainer, that the Legislative
Priorities be accepted as presented.
Motion passed – 5 ayes, no nays
Poll taken: E. Ross aye D. Visintainer aye
J. Goffstein aye R. Berry aye
J. Buford aye
- - - -
Mr. Feldhaus joins the meeting via phone for discussion for Public Comments and
Resolution No. 3001.
The Executive Director reported that item 43 on tonight’s agenda is the approval of
a rate recommendation report provided to the Trustees on October 17th of this year. As was
mentioned in the Finance Committee Report, Jan Zimmerman made a presentation describing
District staff’s recommendations regarding approving this rate recommendation report. I have
asked Jan to briefly present main points of this recommendation as part of my report.
Mrs. Zimmerman compared the Rate Proposal originally presented by District’s
staff with the Rate Report as recommended by the Rate Commission. She noted that the Rate
Commission recommended the use of cash flow debt financing versus appropriation based debt
financing. The recommended limiting wage increases and general inflation to less than 3%, and
the use of lower cost estimates reflecting the District’s migration from a defined benefit pension
plan to a defined contribution pension plan, and structuring new debt to reflect only interest
payments prior to fiscal 2017.
Now I am going to ask Jon Sprague to give the quarterly compliance report on the
District’s operations. Mr. Sprague provided the third quarter 2011 Environmental Compliance
Report. He indicated that the District would narrowly miss a perfect compliance record for 2011
because of a bacterial issue at the Grand Glaize Treatment Plant, which was at 99.98%
compliance. He also noted that the emergency response time had slipped slightly from 85% to
78%. He concluded by stating that compliance in all other areas remained on track with an
overall scorecard rating of 99%.
Item 31 on tonight’s agenda is an ordinance placing a bond authorization election
on the ballot in February. This item was recommended to be held in the last meeting by staff.
We are making the same recommendation tonight. This ordinance will be addressed in a future
board meeting.
Item 40 on tonight’s agenda is a proposed resolution amending the District’s
MWBE policy. This proposal has been on the agenda of several committee meetings in the past
two months. The proposed resolution will change the District’s contracting goals on projects on
greater than $50,000 to 25% MBE and 5% WBE. This would apply to all forms of construction
contracting and professional services. The proposed resolution would also put in place
workforce goals of 25% minority and 6.9% women on construction projects greater than
$50,000. Finally, it adds local workforce goals of 25% minority and 5% women on professional
services contracts greater than $50,000. These changes if enacted would apply to all new
construction and professional services contracts whose solicitation processes start after January
1, 2012.
Item 23 on tonight’s agenda is regarding the 2011B wastewater revenue bond
offering. The District priced a $52 million revenue bond issue today in a competitive sale. This
issue is part of the $275 million authorization approved by the voters in 2008. I would now ask
Tionna Pooler of PFM consulting to report to the Board the outcome of our sale. Ms. Pooler of
PFM addressed the Board and explained that the District’s competitive bond sale went well and
the overall interest rate is 3.05%. The bid was won by a team led by JP Morgan with minority
participation from Ramirez and Stern Brothers. She also noted that Standard & Poor upgraded
MSD from AA+ to AAA while the Fitch rating agency downgraded MSD from AAA to AA+.
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Mr. Jeff Aboussie addressed the Board and indicated that the acceptance of the
proposed M/WBE policy could create safety concerns for his membership, particularly affecting
the open cut sewer construction, which is highly safety sensitive due to the trenching involved
and urged the District to conduct a disparity study.
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Mr. Terry Briggs representing SITE addressed the Board and indicated that for the
District to ratify the proposed M/WBE goal prior to conducting a disparity study could leave the
District open to litigation. He also questioned if the District has assessed the use of MODOT to
qualify minority vendors.
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Ms. Yaphett El-Amin representing MOKAN urged the Board to approve the higher
M/WBE goal while a disparity study is being performed.
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Mr. Elliott from the Laborers Union addressed the Board and expressed concern
about a deterioration of safety condition and a loss of cost efficiency in the use of taxpayer
dollars that could occur if the proposed M/WBE policy was adopted. He urged that the District
move forward and take advantage of the existing apprenticeship programs offered by the
unions.
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Mr. Aldolphus Pruitt representing the NAACP addressed the Board and urged the
Board to take a positive step forward by adopting the proposed higher M/WBE goals and break
from a historical stereotypical practice of acknowledgement but non-performance.
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Mr. Wiley representing Local 110 explained the current process apprenticeship in
the unions and expressed concern that by moving too quickly with untrained workers could
jeopardize the safety of many workers. He concluded by noting that the apprenticeship program
has a 30% minority participation rate.
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Mr. Coffman representing the AARP expressed concern that the District’s four-
year rate proposal covered too long of a period due to future uncertainties and was happy to see
that the Board is considering adopting the rate plan in two-year increments.
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Mr. Fischesser addressed the Board and expressed concern that after the billions
spent to comply with the proposed Consent Decree, the area will see only a negligible
environmental benefit. He especially felt that there was almost no environmental improvement
after $2 billion was spent. He urged the District to reopen discussions on the Consent Decree.
- - - -
Mr. Berry, a minority contractor, addressed the Board and urged the Board to
adopt the proposed M/WBE goals.
- - - -
Mr. Berry called for a vote on the appointment of Mr. R. Gary Durney to serve on
the Civil Service Commission.
Motion made by Mr. Visintainer, seconded by Mr. Ross.
Voice vote, all ayes. Motion passed.
- - - -
CONSENT AGENDA
ADOPTION 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.
ADOPTION 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.
ADOPTION 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.
ADOPTION 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.
ADOPTION 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.
ADOPTION 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 REPLACEMENT
PHASE 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.
ADOPTION 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.
ADOPTION 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.
ADOPTION 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.
ADOPTION 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.
ADOPTION 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.
ADOPTION 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.
ADOPTION 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.
ADOPTION 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.
ADOPTION 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.
ADOPTION 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.
ADOPTION 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.
ADOPTION 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.
Plan Approval
Bissell WWTP Disinfection Facilities (10325)
This project, located at East Grand Avenue and Hall Street in the City of St. Louis,
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 $20,386,000.
Magnet Drive Storm Sewer (10699)
This project, located west of Interstate 170 and north of Olive Boulevard in the City
of Olivette, is to alleviate yard flooding and erosion. This project is in the Fiscal
Year 2012 Budget and the estimated construction cost is $38,000.
Infrastructure Repairs (Rehabilitation) (FY 2012 Contract A) (10665)
This project, located in service areas 4 & 5 in the northern and western portions of
St. Louis County, MO is to rehabilitate older, damaged and deteriorated sewers to
reduce pipe collapses, blocked mains and inflow/infiltration. This project is in the
Fiscal Year 2012 Budget and the estimated construction cost is $7,431,000.
Motion made by Mr. Buford, seconded by Mr. Berry, 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
J. Buford 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. 13350 APPROPRIATING $171,000.00 FROM THE
OPERATION, MAINTENANCE AND CONSTRUCTION IMPROVEMENT FUND OF NORTH KINLOCH
TO BE USED FOR PROJECT COSTS FOR THE CONSTRUCTION OF STORM SEWERS IN MABLE
AVE. AND CARSON ROAD STORM SEWER (10698), IN THE CITY OF KINLOCH, MISSOURI; AND
AUTHORIZING THE EXECUTIVE DIRECTOR AND SECRETARY-TREASURER ON BEHALF OF THE
METROPOLITAN ST. LOUIS SEWER DISTRICT TO ENTER INTO A CONTRACT WITH J.H. BERRA
CONST. CO., INC. FOR THE CONSTRUCTION OF THE AFORESAID STORM SEWERS.
Proposed Ord. No. 13350 was presented and read. The work to be done under
Contract #10721 consists of the construction of approximately 418 lineal feet of pipe sewers
varying in size from 15-inches to 30-inches in diameter and appurtenances. The purpose of this
project is to relieve street flooding and erosion. This project is scheduled to be completed in 90
days.
Motion made by Mr. Ross, seconded by Mr. Visintainer that proposed Ord. No.
13350 be introduced.
Motion passed – 5 ayes, no nays
Poll taken: J. Goffstein aye E. Ross aye
D. Visintainer aye R. Berry aye
J. Buford aye
INTRODUCTION OF PROPOSED ORD. NO. 13351 APPROPRIATING $125,000.00 FROM
THE OPERATION, MAINTENANCE AND CONSTRUCTION IMPROVEMENT FUND OF
COLDWATER CREEK TO BE USED FOR PROJECT COSTS FOR THE CONSTRUCTION OF
STORM SEWERS IN WHITE BIRCH WAY – QUEEN ANN DRIVE STORM SEWER (10797), IN
THE CITY OF HAZELWOOD, MISSOURI; AND AUTHORIZING THE EXECUTIVE DIRECTOR
AND SECRETARY-TREASURER ON BEHALF OF THE METROPOLITAN ST. LOUIS SEWER
DISTRICT TO ENTER INTO A CONTRACT WITH J.H. BERRA CONST. CO., INC. FOR THE
AFORESAID STORM SEWER CONSTRUCTION.
Proposed Ord. No. 13351 was presented and read. The work to be done under
Contract #10717 consists of the construction of approximately 486 lineal feet of pipe sewers
varying in size from 12-inches to 21-inches in diameter and appurtenances. The purpose of this
project is to alleviate yard flooding. This project is scheduled to be completed in 90 days.
Motion by Mr. Visintainer, seconded by Mr. Ross that proposed Ord. No. 13351 be
introduced.
Motion passed – 5 ayes, no nays
Poll taken: J. Goffstein aye J. Buford aye
E. Ross aye D. Visintainer aye
R. Berry aye
INTRODUCTION OF PROPOSED ORD. NO. 13352 TRANSFERRING $110,000.00 FROM
THE SANITARY REPLACEMENT FUND TO THE GENERAL FUND AND APPROPRIATING
$110,000.00 FROM THE GENERAL FUND FOR ENGINEERING SERVICES FOR THE FINAL
DESIGN OF RADAR RAINFALL DATA (FY2012) (10743) AND AUTHORIZING THE
EXECUTIVE DIRECTOR AND SECRETARY-TREASURER ON BEHALF OF THE
METROPOLITAN ST. LOUIS SEWER DISTRICT TO ENTER IN CONTRACT 10603 WITH
VIEUX AND ASSOCIATES, INC. FOR THE AFORESAID ENGINEERING SERVICES.
Proposed Ord. No. 13352 was presented and read. The work to be done under
Contract #10603 will allow the District to continue maintaining the integration between the
existing rain gauge network and NEXRAD radar data in an effort that produces Gauge Adjusted
Radar Rainfall (GARR) data for use by District engineers, various planning and design
consultants, and Operations divisions. This contract will continue to allow web-accessible
rainfall data to District personnel, monthly archive quality rainfall data, review and analysis of
District rain gauges, major rainfall event support, enhancing web-based tools, hydrologic stream
response support, support for the District’s hydraulic models and training. Radar rainfall data is
a technology used to enhance hydraulic modeling and calibration, confirming sewer flow
metering responses to rain events, and inflow/infiltration assessments, CSO & SSO control
planning, watershed and stormwater programs, preliminary and final designs. This technology
allows the District to estimate more accurately the amount of rain that falls within District
boundaries that is not detected at rain gauge sites. This amendment is the exercise of the first
of the two additional year options.
Motion by Mr. Berry, seconded by Mr. Ross that proposed Ord. No. 13352 be
introduced.
Motion passed – 5 ayes, no nays
Poll taken: J. Goffstein aye J. Buford aye
E. Ross aye D. Visintainer aye
R. Berry aye
INTRODUCTION OF PROPOSED ORD. NO. 13353 APPROPRIATING $700,000.00 FROM
THE SANITARY REPLACEMENT FUND TO BE USED FOR PROJECT COSTS FOR THE
REHABILITATION OF SANITARY SEWERS IN DELLWOOD SANITARY TRUNK SEWER
REHABILITATION (11055) IN ST. LOUIS COUNTY, MISSOURI; AND AUTHORIZING THE
EXECUTIVE DIRECTOR AND SECRETARY-TREASURER ON BEHALF OF THE
METROPOLITAN ST. LOUIS SEWER DISTRICT TO ENTER INTO A CONTRACT WITH
INSITUFORM TECHNOLOGIES USA, INC. FOR THE REHABILITATION OF THE AFORESAID
SANITARY SEWERS.
Proposed Ord. No. 13353 was presented and read. The work to be done under
Contract #10708 consists of the rehabilitation of approximately 36 manholes and 4,948 lineal
feet of sewers varying in size from 8-inches to 24-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 180 days.
Motion by Mr. Berry seconded by Mr. Buford that proposed Ord. No. 13353 be
introduced.
Motion passed – 5 ayes, no nays
Poll taken: J. Goffstein aye J. Buford aye
E. Ross aye D. Visintainer aye
R. Berry aye
INTRODUCTION OF PROPOSED ORD. NO. 13354 APPROPRIATING $210,000.00 FROM
THE SANITARY REPLACEMENT FUND TO BE USED FOR PROJECT COSTS FOR THE
CONSTRUCTION OF SANITARY SEWERS IN GRAND GLAIZE LAGOON WET WEATHER
STORAGE IMPROVEMENTS (11113), IN THE CITY OF VALLEY PARK, MISSOURI; AND
AUTHORIZING THE EXECUTIVE DIRECTOR AND SECRETARY-TREASURER ON BEHALF
OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT TO ENTER INTO A CONTRACT
WITH ESSEX CONTRACTING, INC. FOR THE AFORESAID SANITARY SEWER
CONSTRUCTION.
Proposed Ord. No. 13354 was presented and read. The work to be done under
Contract #10718 consists of the construction of 125 lineal feet of pipe sewers 18-inches in
diameter, a return structure, emergency spillway, and modifications to an existing overflow
structure. The purpose of this project 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 scheduled to be completed in 90 days.
Motion by Mr. Visintainer seconded by Mr. Ross that proposed Ord. No. 13354 be
introduced.
Motion passed – 5 ayes, no nays
Poll taken: J. Goffstein aye J. Buford aye
E. Ross aye D. Visintainer aye
R. Berry aye
INTRODUCTION OF PROPOSED ORD. NO. 13355 APPROPRIATING $400,000.00 FROM
THE SANITARY REPLACEMENT FUND TO BE USED FOR PROJECT COSTS FOR THE
LEMAY WWTP MAINTENANCE BUILDING STRUCTURAL REPAIR (10682), 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
TARLTON CORPORATION FOR THE AFORESAID SANITARY SEWER CONSTRUCTION.
Proposed Ord. No. 13355 was presented and read. The work to be done under
Contract #10723 consists of the construction to remove and replace reinforced concrete floor.
The purpose of this project is to repair a damaged concrete floor and replace the deaerator in
the Lemay WWTP Maintenance Building. This project is scheduled to be completed in 90 days.
Motion by Mr. Visintainer seconded by Mr. Ross that proposed Ord. No. 13355 be
introduced.
Motion passed – 5 ayes, no nays
Poll taken: J. Goffstein aye J. Buford aye
E. Ross aye D. Visintainer aye
R. Berry aye
INTRODUCTION OF PROPOSED ORD. NO. 13356 APPROPRIATING $600,000.00 FROM
THE OPERATION, MAINTENANCE AND CONSTRUCTION IMPROVEMENT FUND OF
COLDWATER CREEK TO BE USED FOR PROJECT COSTS FOR BANK STABILIZATION IN
COLDWATER CREEK AT LYNN TOWN BANK STABILIZATION (10284), IN THE CITY OF
BRECKENRIDGE HILLS, MISSOURI; AND AUTHORIZING THE EXECUTIVE DIRECTOR AND
SECRETARY-TREASURER ON BEHALF OF THE METROPOLITAN ST. LOUIS SEWER
DISTRICT TO ENTER INTO A CONTRACT WITH IDEAL LANDSCAPE GROUP FOR THE
AFORESAID BANK STABILIZATION.
Proposed Ord. No. 13356 was presented and read. The work to be done under
Contract #10722 consists of the construction of approximately 850 lineal feet of bank
stabilization using modular block walls and biostabilization methods, 85 lineal feet of 24-inch
diameter storm sewers, and appurtenances. The purpose of this project is to alleviate bank
erosion threatening Lynn Towne Drive, a parking lot and fence, and moderate risk of erosion at
residential property. This project is scheduled to be completed in 354 days.
Motion by Mr. Ross seconded by Mr. Visintainer that proposed Ord. No. 13356 be
introduced.
Motion passed – 5 ayes, no nays
Poll taken: J. Goffstein aye J. Buford aye
E. Ross aye D. Visintainer aye
R. Berry aye
INTRODUCTION OF PROPOSED ORD. NO. 13357 AUTHORIZING THE EXECUTIVE
DIRECTOR AND SECRETARY-TREASURER ON BEHALF OF THE METROPOLITAN ST.
LOUIS SEWER DISTRICT TO ENTER INTO AN AGREEMENT WITH THE UNITED STATES
ARMY CORPS OF ENGINEERS TO PROVIDE THE DISTRICT WITH AERIAL LIDAR DATA
ACQUISITION AND PROCESSING SERVICES FOR AN AREA OF ST. LOUIS COUNTY AND
CITY, MISSOURI.
Proposed Ord. No. 13357 was presented and read. The District previously utilized
management and technical expertise from the United States Army Corps of Engineers in 2005
to purchase Aerial LiDAR data acquisition and processing services from external vendors. The
current request is to partner with various government agencies to acquire LiDAR data over large
parts in Missouri including the areas served by MSD. Flying over a large area has resulted in
economies of scale allowing the vendor to offer a very low cost per square mile rate. The
District will pay only for its area of interest and the USGS, which is also interested in this area,
will share in this cost:
$ 201.76 Negotiated cost per square mile for flight data acquisition
$118,837.00 Cost to fly 589 square miles covering St. Louis City and County
$ 59,421.00 Existing funds from USGS contribution
$ 62,390.00 $59,419 + $2,971 – MSD contribution
Motion by Mr. Visintainer seconded by Mr. Ross that proposed Ord. No. 13357 be
introduced.
Motion passed – 5 ayes, no nays
Poll taken: J. Goffstein aye J. Buford aye
E. Ross aye D. Visintainer aye
R. Berry aye
Resolutions
ADOPTION OF RESOLUTION NO. 3001 WHEREAS THE METROPOLITAN ST. LOUIS
SEWER DISTRICT IS FULLY COMMITTED TO THE UTILIZATION OF MINORITY AND
WOMEN BUSINESS ENTERPRISES AND MINORITY AND FEMALE WORKFORCES IN ALL
ASPECTS OF ITS CONTRACTING ACTIVITIES TO THE MAXIMUM EXTENT.
Resolution No. 3001 was presented and read.
Motion made by Mr. Visintainer, seconded by Mr. Ross that Resolution No. 3001
be adopted.
Motion failed – 3 ayes, 3 nays
Poll taken: J. Goffstein nay J. Buford aye
E. Ross aye D. Visintainer nay
R. Berry aye G. Feldhaus nay
Mr. Visintainer proposed an amendment to Resolution No. 3001.
Motion made by Mr. Visintainer, seconded by Mr. Ross that Resolution No. 3001
be adopted as amended.
Motion failed – 3 ayes, 3 nays
Poll taken: J. Goffstein nay J. Buford nay
E. Ross aye D. Visintainer aye
R. Berry aye G. Feldhaus nay
Mr. Goffstein proposed an amendment to Mr. Visintainer’s proposed Resolution.
Motion made by Mr. Goffstein, seconded by Mr. Ross that Resolution No. 3001 be
adopted.
Motion failed – 3 ayes, 3 nays
Poll taken: J. Goffstein aye J. Buford nay
E. Ross aye D. Visintainer nay
R. Berry nay G. Feldhaus aye
Mr. Goffstein proposed an additional amendment to Mr. Visintainer’s proposed Resolution.
Motion made by Mr. Goffstein, seconded by Mr. Feldhaus that Resolution No.
3001 be adopted.
Motion failed – 2 ayes, 4 nays
Poll taken: J. Goffstein aye J. Buford nay
E. Ross nay D. Visintainer nay
R. Berry nay G. Feldhaus aye
ADOPTION OF RESOLUTION NO. 3004 WHEREAS IN ORDER TO PRESERVE THE
DISTRICT’S RIGHT TO BE REIMBURSED FOR PROJECT COSTS FROM A TAX EXEMPT
BOND ISSUE, THE UNITED STATES TREASURY DEPARTMENT REQUIRES THAT THE
PROJECTS TO BE REIMBURSED FOR, BE APPROVED BY BOARD RESOLUTION.
Resolution No. 3004 was presented and read.
Motion made by Mr. Berry, seconded by Mr. Ross that Resolution No. 3004 be
adopted.
Motion passed – 5 ayes, no nays
Poll taken: J. Goffstein aye J. Buford aye
E. Ross aye D. Visintainer aye
R. Berry aye
ADOPTION OF RESOLUTION NO. 3005 WHEREAS ORDINANCE NO. 12745, ADOPTED
SEPTEMBER 11, 2008, AUTHORIZED THE EXECUTIVE DIRECTOR AND SECRETARY-
TREASURER ON BEHALF OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT TO
ENTER INTO A CONTRACT WITH NEW ENGLAND PENSION CONSULTANTS (“NEPC”)
WHO WOULD SERVE AS THE PENSION AND DEFERRED COMPENSATION INVESTMENT
CONSULTANT TO THE DISTRICT’S EMPLOYEES PENSION AND DEFERRED
COMPENSATION PLANS.
Resolution No. 3005 was presented and read.
Motion made by Mr. Berry, seconded by Mr. Ross that Resolution No. 3005 be
adopted.
Motion passed – 5 ayes, no nays
Poll taken: J. Goffstein aye J. Buford aye
E. Ross aye D. Visintainer aye
R. Berry aye
ADOPTION OF RESOLUTION NO. 3006 WHEREAS SECTION 7.040 OF THE CHARTER OF
THE METROPOLITAN ST. LOUIS SEWER DISTRICT ESTABLISHED THE RATE
COMMISSION TO REVIEW AND MAKE RECOMMENDATIONS TO THE BOARD OF
TRUSTEES REGARDING ALL PROPOSED CHANGES IN THE DISTRICT’S WASTEWATER
RATES AND STORMWATER RATES.
Resolution No. 3006 was presented and read.
Motion made by Mr. Visintainer, seconded by Mr. Ross that Resolution No. 3006
be adopted.
Motion passed – 5 ayes, no nays
Poll taken: J. Goffstein aye J. Buford aye
E. Ross aye D. Visintainer aye
R. Berry aye
ADOPTION OF RESOLUTION NO. 2993 EXPRESSING THE BOARD OF TRUSTEES’
APPRECIATION TO MICHAEL L. MILESZKO FOR HIS 18 YEARS OF EXEMPLARY SERVICE
TO THE METROPOLITAN ST. LOUIS SEWER DISTRICT FROM OCTOBER 25, 1993, TO HIS
RETIREMENT EFFECTIVE DECEMBER 1, 2011.
Resolution No. 2993 was presented and read.
Motion made by Mr. Berry, seconded by Mr. Ross that Resolution No. 2993 be
adopted.
Motion passed – voice vote; 5 ayes, no nays
- - - -
Upon motion made Mr. Buford, seconded by Mr. Ross, and unanimously passed,
the meeting adjourned at 6:28 p.m.
Secretary-Treasurer