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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. - - - - Mr. Berry opened the meeting pursuant to notice and call. - - - - 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 - - - - Upon motion made by Mr. Visintainer, seconded by Mr. Ross, the Journal of the November 21, 2011 meeting was approved by unanimous voice vote. - - - - The Chair had no comments. - - - - 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. - - - - 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. - - - - 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. - - - - 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+. - - - - 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. - - - - 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. - - - - Ms. Yaphett El-Amin representing MOKAN urged the Board to approve the higher M/WBE goal while a disparity study is being performed. - - - - 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. - - - - 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. - - - - 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. - - - - 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. - - - - 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