HomeMy Public PortalAbout1511th Board Journal 1-12-2012
JOURNAL OF THE (1511th) MEETING OF THE
BOARD OF TRUSTEES
THE METROPOLITAN ST. LOUIS SEWER DISTRICT
January 12, 2012 – 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 (excused) 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 Ed Sweet, Parsons; John Choinka, GBA; William Ray, St. Louis
County; Columbus Durham, Local 110; Robert Bella, HDR; Marvin Sanders, CDC; Marc
Eshelman, M3 Engineering; Jason Murphy; Don Willey, Laborers 110; Eric Cowan, BoA Merrill
Lynch; Stephen Gregali, City of St. Louis; Steve Cauley, EMLDC Laborers; Steven MacDonald,
LIUNA 110; Steven Ortiz, Laborer 110; Don Curds, HDR; Michael Borgard, Woolpert; John
Kindschuh, MIEC; DeVonte Mullins, AGC; Steve Lewis, AGC; Nicole Young, CDM; Anil Moore,
Laborers 110; Lisa Langeneckert, BJH; Rebecca Losli, Losli Engineering; Bobby Goff; Ronny
Griffin, Laborers Local 110; David Cavendar, Horner & Shifrin; Valerie Patton, SLBDI; Jim Coll,
Jacobs; Todd Loretta, MSD; Carol Willis, MSD; Mike Gindler, 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.; leasing, purchase or sale of real estate under §610.021(2).
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 the
Consent Decree to settle the lawsuit with the US EPA and US Department of Justice pursuant to
to§610.021(1), RSMO 1988 SUPP. No votes were taken on this matter. The Board was also
discussed and voted to approve the purchase of a property located at 909 South Taylor in the
City of Kirkwood for $69,000 plus administrative expenses associated with closing.
Motion by Mr. Visintainer seconded by Mr. Berry that the purchase of property
located at 909 South Taylor be introduced.
Motion made, seconded and unanimously adopted to suspend the rules to allow
for adoption of proposed purchase.
Motion made by Mr. Visintainer, seconded by Mr. Berry that the purchase of
property located at 909 South Taylor 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
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
J. Buford aye
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Upon motion made by Mr. Visintainer, seconded by Mr. Ross, the Journal of the
December 8, 2011 meeting was approved by unanimous voice vote.
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The Chair had no comments.
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Mr. Buford reported that the Finance Committee met on January 10, 2012. In
attendance were Trustees Berry, Buford, and Visintainer. The Committee approved minutes
from the December 6, 2011 meeting.
Mr. Tyminski presented the proposed changes to the District’s Public Funds
Investment Policy. The proposed changes are designed to reduce the exposure associated with
commercial paper and bankers acceptances asset classes from 30% to 25%. The policy
changes will also set the minimum percentage of US Treasury securities allowable in the
investment portfolio at 5%, and limit Federal Agency securities to 60%. The new investment
policy also defines the requirements for monitoring the issuers of commercial paper and bankers
acceptances held in MSD’s portfolio. This monitoring will be accomplished by tracking multiple
internet sources acknowledged by the investment industry. Investment portfolio reports are
available on the MSD website. This is item #35 on tonight’s agenda.
Mr. Tyminski reported sections of Ordinance 12010, which authorizes the selection
of depositary banks and securities dealers, has become obsolete due the increased use of Web
based reporting, changes in banking technology and the flattening of the District’s organizational
structure. A new Ordinance will be introduced at the February Board meeting updating these
sections. Updated resolutions will also be brought forward in February to allow the District to
utilize banks outside the St. Louis area, clarify acceptable types of collateral, security dealers
and required signatories.
Mr. Tyminski reported to the Committee that banking changes are needed to
accommodate claims processing with CIGNA, the District’s new health care provider. Options
are being explored to assure the banks used to facilitate this processing meet Charter and
Ordinance requirements.
Mr. Tyminski outlined the District’s participation in the State’s $10 million Energize
Missouri Water Loan Program. The Missouri Department of Natural Resources anticipates
awarding MSD $250,000 at a 2.5% interest rate for eligible projects. The loan will cover the cost
of $223,000 in energy saving projects at the Market Street location resulting in a savings of
$36,000. The introduction and adoption authorizing the District to enter into the program is Item
#34 on tonight’s agenda.
Mrs. Zimmerman presented the November 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.
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Mr. Visintainer reported that the January 4, 2012 at 7:30 a.m. The meeting was
attended by Trustee Visintainer.
The minutes of the November 29, 2011 meeting were approved.
The agenda items to be introduced tonight were presented and discussed,
including a detailed discussion regarding the following items:
Items 21 & 22 – CCTV Inspection North and South – This is the second of three
option years for these contracts. These contracts support watershed planning efforts and
provide information for design projects. Together these two contracts will result in the
investigation of approximately 200 miles of sewer. Together with the CCTV work performed by
the Operations Department, these contracts also assist in meeting the proposed consent decree
requirement to investigate 400 miles of sewer in calendar year 2012.
Item 23 – Bissell WWTP Disinfection – This ordinance will provide for the
construction of disinfection facilities at the Bissell Wastewater Treatment Plant. These facilities
must go on line by December 31, 2013 in order to meet current regulatory requirements.
Item 24 – Infrastructure Repairs (Rehabilitation) – This is the first of three projects
scheduled within the $15 million capital budget. With this contract, MSD will have under
contract approximately $28 million of the $30 million in rehabilitation required by the proposed
consent decree to be completed between January 1, 2011 and December 31, 2013.
Item 25 – Missouri River WWTP Secondary Expansion – This is the second of
three scheduled annual appropriations for this project. Funding for this appropriation comes
through the State SRF program. $17 million is currently programmed in FY2013 for completion
of this project. Staff indicated that the project is 18% complete and is currently scheduled to
stay within budget.
Item 28 – CSO Macklind Outfall – Staff is requesting an additional $100,000 for
this project. The current projections are for this project to fall just within budget. However, once
the tunneling work on this project starts in March, staff will have insufficient time to request
additional funds from the Board if needed without incurring significant delay costs. These
additional funds will be used only if needed and any remaining funds will be returned to the
Sanitary Replacement Fund. Staff reviewed the details of this project with the Committee.
Item 29 – Deer Creek Watershed Consultant – This ordinance will approve the first
year of a multi-year contract to provide engineering services to address regulatory issues in the
Deer Creek Watershed. This ordinance also provides funding for cost plus work as well as lump
sum engineering work under this contract. Staff discussed details about this contract and
answered questions from the Committee regarding MWBE utilization, the use of MSD audited
and approved overhead rates for this contract, the fee to be charged for this project, the specific
work orders outlined in the project write-up, and plans for future extensions of this contract.
Item 30 – DC-06 Phase III – This ordinance appropriates funds for a lump sum
design project to be performed under the Deer Creek Watershed Consultant contract. This
project will result in the elimination of three constructed overflows. Together with the Deer
Creek Watershed contract, the total MWBE participation is 29.6%. As requested by the
Committee, staff will present consolidated statistics on MWBE utilization with every annual
renewal of each Watershed contract.
Item 31 – Lower & Middle River Des Peres Improvements – This ordinance will
approve the first year of a multi-year contract to provide engineering services to address
regulatory issues in the River Des Peres Watershed. This ordinance also provides funding for
cost plus work as well as lump sum engineering and project design work under this contract.
Staff discussed details about this contract and answered questions from the Committee
regarding MWBE utilization, the use of MSD audited and approved overhead rates for this
contract, the fee to be charged for this project, the specific work orders outlined in the project
write-up, and plans for future extensions of this contract.
Item 33 – McKelvey Project “A” and “B” Condemnation – Staff is requesting the
ability to use condemnation if needed to acquire the easement rights for this project. This
project will result in the removal of three constructed overflows. Staff reviewed the status of
negotiations on the six properties and informed the Committee that the property owners involved
were notified that this action would be discussed at tonight’s meeting. As always, staff will
continue negotiating to try and resolve all issues. The Committee recommended that this
ordinance be forwarded to the Board for consideration.
Staff then reviewed those portions of Chapter 8 of the Missouri Revised Statutes
regarding contracts for engineering services. Staff outlined how the District’s Selection Policy
follows the State requirements to select a consultant based on qualifications and then to
negotiate a fair and reasonable price for the services. As allowed by this Statute, MSD by policy
also includes MWBE utilization in its evaluation process.
Finally, staff informed the Committee that MSD would present the anticipated
engineering services to be required in the Fy2013 Capital Program to the engineering
community at 3:00 p.m. on Tuesday, January 17, 2012 at the Engineers’ Club of St. Louis.
Board members are invited to attend.
The meeting was adjourned at 8:45 a.m.
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Mr. Goffstein reported that the Stakeholder Relations Committee met on January
10, 2012, at 8:15 a.m. In attendance were Trustees Goffstein, Berry and Visintainer.
First was a discussion regarding amending the Ordinance, which placed the Bond
Authorization election on the ballot in February 2012. It has been requested to change the
election to the June 2012 ballot, which would require filing by March 24, 2012. The request was
granted by the Trustees for introduction at the January 2012 Board meeting. This is Item #20 on
tonight's Agenda.
Next was a discussion regarding the proposed Charter Plan Amendments. Mr.
Theerman summarized recommended amendments for all twelve Articles of the Plan. He
confirmed the Trustees’ suggestions as to which amendments to consider and which to defer.
After consideration, the Committee recommended accepting all proposed amendments offered
by the Plan Amendment Commission, with the exception of eliminating the Professional
Engineering License requirement for the Executive Director. Mr. Theerman indicated a report
would be presented at next month's Board meeting with suggestions on how to proceed and
introduce for balloting purposes.
Finally, Mr. LeComb reviewed the finalization of our contract with the Audubon
Society and the educational and pilot programs that are being funded by our mutual agreement.
It was agreed by the Trustees to introduce the contract at next month's Board meeting.
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The Executive Director reported that Item 37 on tonight’s agenda is a Board
Resolution thanking Ms. Valerie Patton for her service on the District’s Civil Service
Commission. Valerie is with us tonight and I would ask that she come forward at this time so
that I can present her with a copy of the Board’s resolution.
MSD stays involved in the creation of regulations that affect the District. In fact,
this is a specific strategy in the District’s Strategic Plan. Our involvement is essential to assure
that regulations will actually yield the desired outcome and that the costs of regulatory action are
considered. Each year the Engineering Department creates a report on our regulatory
participation efforts with the Missouri Department of Natural Resources. I asked John
Lodderhose to briefly share with the Board our efforts over the past year.
Mr. Lodderhose stated that members of the Environmental Compliance group
attends dozens of meetings and participates in various stakeholder groups to make sure the
regulatory issues are correct and good science is used, and that the District’s interests are
protected. His staff also testifies about changes in procedures and regulations. Most of the
efforts in the past year were directed towards water quality issues. In December 2011, Missouri
DNR proposed substantial changes to the water quality standards. Certain items such as the
classification for water quality purposes of the Mississippi River zones could have a huge cost
impact to MSD and the community.
I am pleased to report the District has once again received the award for
Excellence in Financial Reporting from the Government Finance Officers Association. This
award for 2010 represents the 23rd consecutive year the District has received this recognition.
In order to receive this award, a government entity must satisfy stringent, nationally recognized,
GFOA guidelines. This award represents the highest available form of recognition for
governmental financial reporting. I would like to take this opportunity to thank and commend
Kathleen Langevin (“LON-GE-VIN) MSD’s Accounting Manager and Mike Gindler, MSD’s
Assistant Accounting Manager for this outstanding achievement.
In August of last year, the Department of Justice and Environmental Protection
Agency announced an agreement that would bring to a close a lawsuit brought against MSD
over four years ago. This agreement calls upon the District to implement sewer improvements
throughout the City of St. Louis and St. Louis County with an estimated cost of $4.7 billion over
the next 23 years. While the vast majority of this work will be out of sight, and, thus, out of the
day-to-day thoughts of St. Louisans, make no mistake, this agreement will be felt in our region
for decades to come. From the creation of jobs, to the protection of our region’s waterways, to
preventing basement backups, the agreement, and the resulting spending, will be unparalleled
in terms of its scope and reach. While this program cannot equally be all things to all people, it
can certainly serve as a catalyst for change in our community.
For much of 2011, the Board of Trustees and District staff has been engaged in a
dialogue amongst themselves and with various stakeholders about the next steps to continue
the process of improving MSD’s diversity programs. While MSD is proud of the diversity
program we have today, we by no means claim perfection and we have gone on record over the
past year that additional continuous improvements can and should be made. As we begin an
unparalleled construction program, we should strive to have an unparalleled program of
inclusion for minorities, women, and disadvantaged businesses. Not just in terms of contracts
alone, but in terms of workforce diversity as well. In short, the old way of doing business in our
region needs to change and MSD is in a position to help with that change.
A sewer district is not the ideal institution from which to create wide-reaching
public policy. However, the agreement that we reached with the Federal government is a
reality, and with it, comes great responsibility. When it comes to diversity and inclusion, MSD
will not be able to right every wrong made in the history of St. Louis. But MSD can help create
the path forward – a path that isn’t just about numbers, but about substance. A path that brings
benefit to the entire region.
Over the next several weeks, MSD is going to take the following three actions:
First, we plan to hold a special board meeting later this month to introduce
an ordinance for a disparity study. District staff is presently reviewing six
proposals received for this work. It is our intention to introduce a contract
for these services later in the month with an adoption scheduled for the
February Board meeting.
Second, Dr. Berry, MSD’s Board Chair, has instructed staff to revisit the
possibility of interim changes to MSD’s MWBE policy while the disparity
study is being conducted. Specifically, staff will use an amendment
proposed by Trustee Visintainer at the December Board meeting as the
basis for crafting interim improvements to our MWBE program that can be
utilized until the disparity study is complete. Staff will use input from various
stakeholders to develop a new resolution and plans to present it to Trustees
for consideration at the February Board meeting.
Third, the District strongly desires to continue the MWBE dialogue. Our
goal is to engage a wide variety of stakeholders on how we can improve our
inclusion policies over the coming months, thereby creating a model
diversity program. While it was the Board’s determination in December that
the final goals for various aspects of our MWBE program be based on the
findings of the disparity study, there are many potential improvements that
have been raised and should be considered. We anticipate an ongoing
dialog with various parties in this effort. Thus, over the next several weeks,
we will take steps to formalize a method of communication with various
stakeholders’ to continue the 2011 dialogue.
We know that some will view my words tonight as simply that – words that are not
associated with action. However, by making these statements tonight, there is a public record
of these commitments, and, over the coming weeks, there will be associated action. We also
recognize that many parties listening to my remarks tonight may be uncomfortable with the path
being described. I invite you to engage in a meaningful and constructive dialogue as part of the
stakeholder process. To make this work, all perspectives must be considered.
I will not claim that we will be perfect in our process or in executing what I have
described. We will however, continue to work for an inclusion program that is consistent with
the needs of the community and the legal requirements facing the District. It will be incumbent
upon each of us to work to understand various viewpoints surrounding this issue and to develop
workable solutions to the problems we face. Our goal is to develop a program that will benefit
our region and all St. Louisans.
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The Public had no comment.
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CONSENT AGENDA
ADOPTION 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.
ADOPTION 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.
ADOPTION 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.
ADOPTION 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.
ADOPTION 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.
ADOPTION 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.
ADOPTION 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.
ADOPTION 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. (INTRO. 12/08/11)
Plan Approval
Clayridge - Brandy Sanitary Relief (11099)
This project, located east of Interstate 55 and north of Butler Hill Road in
unincorporated St. Louis County, is to alleviate sanitary sewer backups due to
insufficient sewer capacity. This project is in the Fiscal Year 2012 Budget and the
estimated construction cost is $228,000.
Coldwater Treatment Plant Disinfection Facilities (10558)
This project, located Old Halls Ferry Road south of Lindbergh Boulevard in
Unincorporated St. Louis County, is to meet EPA and MDNR regulatory mandates
requiring disinfection of effluent. This project is in the Fiscal Year 2012 Budget
and the estimated construction cost is $6,387,000.
Motion made by Mr. Buford, seconded by Mr. Visintainer, 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.
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UNFINISHED BUSINESS
Ordinances
Amendment and adoption of proposed Ord. No. 13330 calling a bond election to be held on
June 5, 2012 in the Metropolitan St. Louis Sewer District on the proposition whether to issue
$945,000,000.00 principal amount of sewer revenue bonds.
Motion by Mr. Buford seconded by Mr. Ross that proposed Ord. No. 13330 be
introduced.
Motion made, seconded and unanimously adopted to suspend the rules to allow
for adoption of proposed Ord. No. 13330.
Motion made by Mr. Visintainer, seconded by Mr. Ross that proposed Ord. No.
13330 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
Resolutions
None
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NEW BUSINESS
Ordinances
INTRODUCTION OF PROPOSED ORD. NO. 13358 TRANSFERRING $1,500,000.00 FROM
THE SANITARY REPLACEMENT FUND TO THE GENERAL FUND, AND APPROPRIATING
$1,500,000.00 FROM THE GENERAL FUND TO BE USED FOR CCTV INSPECTION AND
PHYSICAL INSPECTION OF SEWERS – NORTH (FY2012) (10376), AUTHORIZING THE
DIRECTOR OF FINANCE TO MAKE TRANSFERS BETWEEN THE SANITARY
REPLACEMENT FUND AND THE GENERAL FUND TO ACCOMMODATE THE
APPROPRIATE ACCOUNTING, AND AUTHORIZING THE EXECUTIVE DIRECTOR AND
SECRETARY-TREASURER ON BEHALF OF THE METROPOLITAN ST. LOUIS SEWER
DISTRICT TO ENTER INTO AMENDMENT NO. 7 TO CONTRACT NO. 10615 WITH ADS
ENVIRONMENTAL SERVICES, LLC FOR CCTV INSPECTION AND PHYSICAL INSPECTION
OF SEWERS - NORTH (FY2012) (10376).
Proposed Ord. No. 13358 was presented and read. The work to be done under
Contract #10615 authorizes the District to enter into contract Amendment No. 7 for the second
option year with ADS Environmental Services, LLC. The purpose of this contract is to provide
District staff with information regarding sewer conditions by the use of Closed Circuit Television
(CCTV) and physical inspection. These inspections will determine sewer conditions and system
defects and will form the basis for preventative maintenance activities, inflow/infiltration
investigations, and sewer system models. This contract amendment for CCTV Inspection and
Physical Inspection of Sewers – North is for $1,500,000. Approximately 80% of the CCTV
investigations will provide support data for the Watershed Planning efforts and the remaining
20% will support specific design projects and miscellaneous requests. It is anticipated that the
existing contract balance will be expended by March 2012. Currently, there is a backlog of
unassigned work tasks totaling 950,000 feet to be addressed by this and future actions.
Motion made by Mr. Berry, seconded by Mr. Buford that proposed Ord. No. 13358
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. 13359 TRANSFERRING $1,500,000.00 FROM
THE SANITARY REPLACEMENT FUND TO THE GENERAL FUND, AND APPROPRIATING
$1,500,000.00 FROM THE GENERAL FUND TO BE USED FOR CCTV INSPECTION AND
PHYSICAL INSPECTION OF SEWERS – SOUTH (FY2012) (10377), AUTHORIZING THE
DIRECTOR OF FINANCE TO MAKE TRANSFERS BETWEEN THE SANITARY
REPLACEMENT FUND AND THE GENERAL FUND TO ACCOMMODATE THE
APPROPRIATE ACCOUNTING, AND AUTHORIZING THE EXECUTIVE DIRECTOR AND
SECRETARY-TREASURER ON BEHALF OF THE METROPOLITAN ST. LOUIS SEWER
DISTRICT TO ENTER INTO AMENDMENT NO. 4 TO CONTRACT NO. 10616 WITH ACE PIPE
CLEANING, INC. FOR CCTV INSPECTION AND PHYSICAL INSPECTION OF SEWERS -
SOUTH (FY2012) (10377).
Proposed Ord. No. 13359 was presented and read. The work to be done under
Contract #10616 authorizes the District to enter into contract Amendment No. 4 for the second
option year with Ace Pipe Cleaning, Inc. The purpose of this contract is to provide District staff
with information regarding sewer conditions by the use of Closed Circuit Television (CCTV) and
physical inspection. These inspections will determine sewer conditions and system defects and
will form the basis for preventive maintenance activities, inflow/infiltration investigations, and
sewer system models. This contract amendment for CCTV Inspection and Physical Inspection
of Sewers – South is for $1,500,000. Approximately 80% of the CCTV investigations will
provide support data for the Watershed Planning efforts and the remaining 20% will support
specific design projects and miscellaneous requests. The remaining existing contract balance
has been assigned to work tasks. It is anticipated that the balance will be expended by May
2012. Currently, there is a backlog of unassigned work totaling 900,000 feet that will be
addressed by this and future actions.
Motion by Mr. Berry, seconded by Mr. Buford that proposed Ord. No. 13359 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. 13360 APPROPRIATING $17,000,000.00 FROM
THE SANITARY REPLACEMENT FUND TO BE USED FOR WASTEWATER TREATMENT
PLANT CONSTRUCTION AT BISSELL WWTP DISINFECTION FACILITIES (10325), IN THE
CITY OF ST. LOUIS, MISSOURI; AND AUTHORIZING THE EXECUTIVE DIRECTOR AND
SECRETARY-TREASURER ON BEHALF OF THE METROPOLITAN ST. LOUIS SEWER
DISTRICT TO ENTER INTO A CONTRACT WITH GOODWIN BROS. CONST. CO. FOR THE
AFORESAID SANITARY SEWER CONSTRUCTION.
Proposed Ord. No. 13360 was presented and read. The work to be done under
Contract #10726 consists of the construction of chlorination and dechlorination facilities, effluent
pump VFD system, and all 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 470
days.
Motion by Mr. Berry, seconded by Mr. Visintainer that proposed Ord. No. 13360 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. 13361 APPROPRIATING $7,900,000.00 FROM
THE SANITARY REPLACEMENT FUND TO BE USED FOR PROJECT COSTS FOR THE
REHABILITATION OF SANITARY SEWERS IN INFRASTRUCTURE REPAIRS
(REHABILITATION) (FY2012 CONTRACT A) (10665) IN THE COUNTY OF ST. LOUIS,
MISSOURI; AND AUTHORIZING THE EXECUTIVE DIRECTOR AND SECRETARY-
TREASURER ON BEHALF OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT TO
ENTER INTO A CONTRACT WITH SAK CONSTRUCTION, LLC FOR THE AFORESAID
REHABILITATION.
Proposed Ord. No. 13361 was presented and read. The work to be done under
Contract #10728 consists of the construction of the rehabilitation of approximately 231,424 lineal
feet of sewers using cured-in-place pipe (CIPP) methods, varying in size from 6-inches to 42-
inches in diameter. The purpose of this project is to rehabilitate older, damaged, and
deteriorated sewers to reduce pipe collapses, blocked mains, and inflow/infiltration. This project
is scheduled to be completed in 365 days.
Motion by Mr. Visintainer seconded by Mr. Buford that proposed Ord. No. 13361
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. 13362 APPROPRIATING $39,769,300.00 FROM
THE SANITARY REPLACEMENT FUND TO BE USED FOR PROJECT COSTS FOR THE
CONSTRUCTION OF THE MISSOURI RIVER WWTP SECONDARY TREATMENT
EXPANSION AND DISINFECTION FACILITIES (10710), IN THE CITY OF MARYLAND
HEIGHTS, MISSOURI UNDER CONTRACT NO. 10597 AS APPROVED BY ORDINANCE NO.
13220, ADOPTED MARCH 10, 2011.
Proposed Ord. No. 13362 was presented and read. The work to be done under
Contract #10597 consists of the construction of a low lift pump station, aeration basins, a blower
building, six final clarifiers, a sludge pumping station, a solids handling building, an ultraviolet
radiation disinfection facility, a new primary digester, demolition of existing buildings, trickling
filters and final clarifiers, and other miscellaneous items including yard piping and structures
associated with this work. This construction is the second phase of a two-phase improvement
program. The purpose of this project is to increase wet weather peak flow capacity and to meet
more stringent MDNR discharge requirements for secondary treatment and disinfection of
effluent. This project is scheduled to be completed in 1,214 days.
Motion by Mr. Visintainer seconded by Mr. Buford that proposed Ord. No. 13362
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. 13363 APPROPRIATING $50,000.00 FROM THE
OPERATIONS, MAINTENANCE AND CONSTRUCTION IMPROVEMENT FUND OF MALINE
CREEK TO PROVIDE MATCHING FUNDS FOR BON OAK #10074 - 10078 FLOOD
MITIGATION (11104) AND AUTHORIZING THE EXECUTIVE DIRECTOR AND SECRETARY-
TREASURER ON BEHALF OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT TO
ENTER INTO AN INTER-GOVERNMENTAL AGREEMENT WITH ST. LOUIS COUNTY,
MISSOURI.
Proposed Ord. No. 13363 was presented and read. The work to be done under
this agreement provides for the reimbursement of funds to St. Louis County as matching funds
for a Pre-Disaster Mitigation (PDM) grant from FEMA to allow for the purchase of three (3) flood-
prone properties at #10074, #10076, and #10078 Bon Oak Drive in unincorporated St. Louis
County, Missouri. The affected properties are located within the floodplain of Dellwood Creek
and qualified for buyout based on FEMA established criteria and application for funds made by
St. Louis County. All work associated with the buyout, relocation, and demolition for the
properties will be managed by St. Louis County.
Motion by Mr. Visintainer seconded by Mr. Ross that proposed Ord. No. 13363 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. 13364 APPROPRIATING $50,000.00 FROM THE
UNIVERSITY CITY OMCI FUND TO BE USED FOR PROJECT COSTS FOR THE
CONSTRUCTION OF STORM SEWERS IN MAGNET DRIVE STORM SEWER (10699), IN
THE CITY OF OLIVETTE, MISSOURI; AND AUTHORIZING THE EXECUTIVE DIRECTOR
AND SECRETARY-TREASURER ON BEHALF OF THE METROPOLITAN ST. LOUIS SEWER
DISTRICT TO ENTER INTO A CONTRACT WITH HEARTLAND CONSTRUCTION &
EXCAVATING FOR THE AFORESAID STORM SEWER CONSTRUCTION.
Proposed Ord. No. 13364 was presented and read. The work to be done under
Contract #10725 consists of the construction of approximately 235 lineal feet of pipe sewers 12-
inches in diameter and appurtenances. The purpose of this project is to alleviate yard flooding
and erosion. This project is scheduled to be completed in 90 days.
Motion by Mr. Berry seconded by Mr. Buford that proposed Ord. No. 13364 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. 13365 APPROPRIATING AN ADDITIONAL
$100,000.00 FROM THE SANITARY REPLACEMENT FUND TO BE USED FOR PROJECT
COSTS FOR SEWER SEPARATION IN THE CSO - MACKLIND OUTFALL L-062
SEPARATION (10159), IN THE CITY OF ST. LOUIS, MISSOURI; AND AUTHORIZING THE
EXECUTIVE DIRECTOR AND SECRETARY-TREASURER ON BEHALF OF THE
METROPOLITAN ST. LOUIS SEWER DISTRICT TO ENTER INTO AN AMENDMENT TO
CONTRACT NO. 10637 WITH MB MITCHELL, LLC FOR THE AFORESAID SEWER
SEPARATION.
Proposed Ord. No. 13365 was presented and read. The work to be done under
Contract #10637 consists of the construction of approximately 153 lineal feet of pipe sewers
varying in size from 15-inches to 21-inches in diameter, 208 lineal feet of 20-inch pipe-in-tunnel,
and appurtenances. The purpose of this project is to separate a reach of combined sewer and
eliminate a CSO. This project will eliminate one (1) CSO. This project is scheduled to be
completed in 180 days.
Motion by Mr. Visintainer seconded by Mr. Ross that proposed Ord. No. 13365 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. 13366 TRANSFERRING $556,733.15 FROM
THE SANITARY REPLACEMENT FUND TO THE GENERAL FUND, APPROPRIATING
$556,733.15 FROM THE GENERAL FUND, AND APPROPRIATING $43,266.85 FROM THE
SANITARY REPLACEMENT FUND OF THE DISTRICT FOR DEER CREEK SANITARY
SYSTEM IMPROVEMENTS (11110), AND AUTHORIZING THE EXECUTIVE DIRECTOR AND
SECRETARY-TREASURER ON BEHALF OF THE METROPOLITAN ST. LOUIS SEWER
DISTRICT TO ENTER INTO CONTRACT NO. 10733 WITH THE PARSONS WATER &
INFRASTRUCTURE, INC. FOR THE AFORESAID SERVICES.
Proposed Ord. No. 13366 was presented and read. This ordinance authorizes the
District to enter into Contract #10733, with Parsons Water & Infrastructure, Inc. for one year with
annual extensions based on acceptable performance to provide Watershed Consultant services
for all projects included in the Deer Creek Sanitary System Improvements project. The
preliminary construction cost estimate for the entire Deer Creek Sanitary program is
$420,000,000. The estimated design contract range for the entire program contract is between
$30 to $38 million. Specific project appropriations associated with this contract in this fiscal year
being appropriated separately include:
Project Name Estimated Construction Cost
DC-06 Deer Creek Sanitary Relief Phase III and I/I Reduction (10576) $4,300,000
Motion by Mr. Visintainer seconded by Mr. Ross that proposed Ord. No. 13366 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. 13367 APPROPRIATING $400,000.00 FROM
THE SANITARY REPLACEMENT FUND FOR ENGINEERING SERVICES FOR THE DESIGN
OF DC-06 DEER CREEK SANITARY RELIEF PHASE III AND I/I REDUCTION (10576).
Proposed Ord. No. 13367 was presented and read. This ordinance appropriates
funds for the design of the DC-06 Deer Creek Sanitary Relief Phase III and I/I Reduction
(10576) as part of the Watershed Consultant services for all projects included in the Deer Creek
Sanitary System Improvements project.
Motion by Mr. Visintainer seconded by Mr. Buford that proposed Ord. No. 13367
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. 13368 TRANSFERRING $384,161.39 FROM
THE SANITARY REPLACEMENT FUND TO THE GENERAL FUND, APPROPRIATING
$384,161.39 FROM THE GENERAL FUND, AND APPROPRIATING $1,615,838.61 FROM THE
SANITARY REPLACEMENT FUND OF THE DISTRICT FOR LOWER & MIDDLE RDP CSO
CONTROLS SYSTEM IMPROVEMENTS (11109); AND AUTHORIZING THE EXECUTIVE
DIRECTOR AND SECRETARY-TREASURER ON BEHALF OF THE METROPOLITAN ST.
LOUIS SEWER DISTRICT TO ENTER INTO CONTRACT NO. 10734 WITH THE JACOBS
ENGINEERING GROUP, INC. FOR THE AFORESAID SERVICES.
Proposed Ord. No. 13368 was presented and read. This ordinance authorizes the
District to enter into Contract #10734 with Jacobs Engineering Group Inc. for one year with
annual extensions based on acceptable performance to provide Watershed Consultant services
for all projects included in the Lower and Middle RDP CSO Controls System Improvements
project. The preliminary construction cost estimate for the entire Lower and Middle RDP
program is $1,225,000,000. The estimated design contract range for the entire program
contract is between $90 to $110 million. Initial funding for the final design for the Lemay Pump
Station No. 1 Redundant Force Main (11123) project is included in the first year contract with an
estimated construction cost estimate of $14,375,000.
Motion by Mr. Berry seconded by Mr. Buford that proposed Ord. No. 13368 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. 13369 APPROPRIATING $554,000.00 FROM
THE SANITARY REPLACEMENT FUND FOR ENGINEERING SERVICES FOR THE DESIGN
OF BISSELL WWTP DISINFECTION FACILITIES (E-1265 & 10325) AND AUTHORIZING THE
EXECUTIVE DIRECTOR AND SECRETARY TREASURER ON BEHALF OF THE
METROPOLITAN ST. LOUIS SEWER DISTRICT TO ENTER INTO AMENDMENT NO. 10 TO
CONTRACT E-1265 WITH HDR ENGINEERING, INC. FOR THE AFORESAID ENGINEERING
SERVICES.
Proposed Ord. No. 13369 was presented and read. The work to be done under
Contract E-1265 authorizes the District to enter into Amendment No. 10 with HDR Engineering,
Inc. This amendment provides for the engineering construction phase services for the Bissell
WWTP Disinfection Facilities (10325) project. The low bid for this project is to be determined.
The amended design appropriation is $6,854,000.00.
Motion by Mr. Visintainer seconded by Mr. Ross that proposed Ord. No. 13369 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. 13370 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 MCKELVEY PROJECT “A” & “B” SANITARY RELIEF (SKME-005)
10163 – 2006122 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. 13370 was presented and read. This ordinance authorizes the
staff to enter into condemnation proceedings for permanent sewer easements and temporary
construction easements on six (6) parcels of ground located in St. Louis, Missouri. These
easements are needed to construct this project, which consists of approximately 7500 feet of
18-inch to 21-inch diameter sanitary relief sewers from east and west of Lindbergh Boulevard
(U.S. Highway 67) and north of Page Avenue. This project is for sanitary sewer overflows and
basement backups due to an overcharged sanitary sewer. Also, three (3) SSO bypasses will be
eliminated. These easements have been appraised. Currently, the District has been unable to
negotiate a settlement with the owners. This project is now tentatively scheduled to begin
construction in Fiscal Year 2013.
Motion by Mr. Visintainer seconded by Mr. Buford that proposed Ord. No. 13370
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 AND ADOPTION OF PROPOSED ORD. NO. 13371 AUTHORIZING THE
PARTICIPATION OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT IN THE
ENERGIZE MISSOURI WATER LOAN PROGRAM OF THE MISSOURI DEPARTMENT OF
NATURAL RESOURCES AND THE STATE ENVIRONMENTAL IMPROVEMENT AND
ENERGY RESOURCES AUTHORITY, AND THE EXECUTION OF A LOAN AGREEMENT AND
PROMISSORY NOTE TO PROVIDE FUNDS TO FINANCE THE INSTALLATION OR
CONSTRUCTION OF ENERGY CONSERVATION MEASURES; SUCH FUNDS TO BE
REPAID FROM ENERGY COST SAVINGS REALIZED BY THE DISTRICT AS A RESULT OF
IMPLEMENTATION OF SUCH ENERGY CONSERVATION MEASURES.
Proposed Ord. No. 13371 was presented and read. This Ordinance authorizes the
District to participate in the Energize Missouri Water Loan Program to fund energy efficient cost
savings projects in an aggregate borrowing not to exceed $242,700. This loan is being
authorized on an annual appropriation basis with the repayment coming from projected energy
savings in future years. The proceeds will fund the replacement of lights, add insulation,
upgrade the weather tightness of the vestibule and upgrade motion sensors principally at the
2350 Market Street facility. The loan will be for a seven (7) year term and carries a 2.5% interest
rate.
Motion by Mr. Ross seconded by Mr. Berry that proposed Ord. No. 13371 be
introduced.
Motion made, seconded and unanimously adopted to suspend the rules to allow
for adoption of proposed Ord. No. 13371.
Motion made by Mr. Visintainer, seconded by Mr. Berry that proposed Ord. No.
13371 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. 13371 adopted and it was assigned Ordinance No.
13371.
Resolutions
ADOPTION OF RESOLUTION NO. 3009 WHEREAS THE BOARD OF TRUSTEES OF THE
METROPOLITAN ST. LOUIS SEWER DISTRICT ADOPTED ORDINANCE NO. 12010 ON
JUNE 9, 2005, WHICH SPECIFIES A PUBLIC FUNDS INVESTMENT POLICY FOR THE
DISTRICT, A COPY OF WHICH IS ATTACHED HERETO AS EXHIBIT “A”.
Resolution No. 3009 was presented and read.
Motion made by Mr. Buford, seconded by Mr. Visintainer that Resolution No. 3009
be adopted.
Motion passed – voice vote, all ayes
ADOPTION OF RESOLUTION NO. 3008 EXPRESSING THE BOARD OF TRUSTEES’
APPRECIATION TO CAROLYN L. JOHNSON FOR HER 18 YEARS OF EXEMPLARY
SERVICE TO THE METROPOLITAN ST. LOUIS SEWER DISTRICT FROM JANUARY 3, 1995,
TO HER RETIREMENT EFFECTIVE JANUARY 1, 2012.
Resolution No. 3004 was presented and read.
Motion made by Mr. Buford, seconded by Mr. Visintainer that Resolution No. 3004
be adopted.
Motion passed – voice vote, all ayes
ADOPTION OF RESOLUTION NO. 3007 WHEREAS VALERIE E. PATTON HAS FAITHFULLY
SERVED AS A MEMBER OF THE CIVIL SERVICE COMMISSION OF THE METROPOLITAN
ST. LOUIS SEWER DISTRICT FROM JULY 22, 2005 TO DECEMBER 7, 2011.
Resolution No. 3007 was presented and read.
Motion made by Mr. Berry, seconded by Mr. Buford that Resolution No. 3007 be
adopted.
Motion passed – voice vote, all ayes
- - - -
Upon motion made Mr. Buford, seconded by Mr. Ross, and unanimously passed,
the meeting adjourned at 5:35 p.m.
Secretary-Treasurer