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HomeMy Public PortalAbout1516th Board Journal 4-12-2012 JOURNAL OF THE (1516th) MEETING OF THE BOARD OF TRUSTEES THE METROPOLITAN ST. LOUIS SEWER DISTRICT April 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 E. G. Ross J. M. Zimmerman, Director of Finance D. A. Visintainer B. L. Hoelscher, Director of Engineering M. E. Yates J. C. Sprague, Director of Operations Also present were Tom Sullivan, 35 N. Central; Ed Sweet, Parsons; William Ray, St. Louis County; John Gianoulakis, KSEG&G; Bob Murray, KSEG&G; Chris Tatham, ETC Institute; Stephen Gregali, City of St. Louis; Annette Mandel; Richard Atkins, TDP/St. Louis; Joe Britt, Wells Fargo; Shannon Ryan, IDCS; Dave Cavender, Horner & Shifrin; Eric Cowan, Bank of America; John Kindschuh, Bryan Cave; Bob Ballsrud, Gilmore & Bell; Rob Kuenzel, RJN; Ronny Griffin, Laborers Local 110; Don Willey, Local 110; Marc Eshelman, M3 Engineering; Rebecca Losli, Losli Engineering; Jim Dunafelt, GBA; Diane Fink, Gonzalez; Bob Bella, HDR; Dorothy White, WCA; Susie McFarlind, WCA; Terry Briggs, SITE; John Choinka, HR Green; Sunil Thakkar, Jasun; Richard Gaines, RK Gaines, Inc.; Vett Goods, CBIU; Lisa Langenekert, Sandberg & Phoenix; Dana Howard, Zoie, LLC; Mike Borgard, Woolpert; Rachel Carlson, Carpenters Council; Chris Bergmann, TWM; Todd Loretta, MSD; Carole Willis, MSD; Marie Collins, Asst. Director of Engineering; Barb Mohn, Director of Information Systems; Ed Travis, Asst. Director of Human Resources; 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. Buford, 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 – 6 ayes, no nays Poll taken: D. Visintainer aye R. Berry aye J. Yates aye J. Buford aye E. Ross aye J. Goffstein aye During closed session staff updated the Board on the legal strategy related to the Storm Water Hancock Litigation and potential litigation pursuant to to§610.021(1), RSMO 1988 SUPP. Motion by Mr. Buford seconded by Mr. Visintainer, pending the outcome of the Motion for Rehearing by the Appellate Court, to pursue a motion for transfer to the Missouri Supreme Court. Motion passed – voice vote, all ayes The Board was also discussed and voted to approve the purchase of property located at 2800 Fannie Avenue, located in Jefferson County near the intersection of I-55 and Highway 141. The parcel of land is where the District has a vent shaft to its Baumgartner Tunnel. The current owner of the property has lodged a concern with the Missouri Department of Natural Resources that the vent shaft is emitting noxious odors. The MDNR conducted an odor investigation and issued a Notice of Violation. The parcel is a six-acre piece of property that the District’s staff recommends the purchase of to serve as an odor control buffer zone. Staff evaluated resolution options including the design/construction of an odor treatment facility, purchase of the property was determined to be the most economical resolution. Staff recommends the purchase of this property at a price not to exceed $145,000. She further explained that this price is above the appraised value of the property and that the property is unique with river access. Motion by Mr. Yates seconded by Mr. Visintainer that the purchase of property located at 2900 Fannie Avenue be introduced. Motion made, seconded and unanimously adopted to suspend the rules to allow for adoption of proposed purchase. Motion made by Mr. Yates, seconded by Mr. Visintainer that the purchase of property located at 2900 Fannie Avenue be adopted. Motion passed – 6 ayes, no nays Poll taken: E. Ross aye D. Visintainer aye J. Goffstein aye R. Berry aye J. Buford aye M. Yates aye Motion made by Mr. Goffstein, seconded by Mr. Yates, to reconvene into open session. Motion passed – 6 ayes, no nays Poll taken: E. Ross aye D. Visintainer aye J. Goffstein aye R. Berry aye J. Buford aye M. Yates aye - - - - Upon motion made by Mr. Yates, seconded by Mr. Visintainer, the Journals of the March 8 and March 22, 2012 meetings were approved by unanimous voice vote. - - - - The Chair had no comments. - - - - Mr. Visintainer reported that the Program Management Committee met on April 3, 2012 at 7:30 a.m. The meeting was attended by Trustees Visintainer, Ross and Yates. The minutes of the February 28, 2012 meeting were approved. The agenda items to be introduced tonight were presented and discussed, including a detailed discussion regarding the following items: Item 22 – Mary Avenue Flood Mitigation – This project was originally programmed to provide the 25% local match for a FEMA buyout funded project by the City of Brentwood. Brentwood was unable to obtain FEMA funding, but decided to self-fund the project. This ordinance will provide the same cost share for this project as though the City of Brentwood had received FEMA funding. Item 32 – Capital Improvement and Replacement Program – This Resolution declares the necessity for the FY2013 Capital Program as required by the Charter. The Board of Trustees will have the opportunity to approve the final version of the FY2013 Capital Program as part of the overall budget approval process. The meeting adjourned at 7:44 a.m. - - - - Mr. Goffstein reported that the Stakeholder Relations Committee met April 3, 2012 at 8:00 a.m. In attendance were Trustees Goffstein, Buford, Ross, Visintainer and Yates. First on the agenda was a discussion regarding the District's MWBE policies and procedures. Copies of the three draft policies were made available for everyone. Mr. Theerman covered the proposed changes of the policies. Questions and comments were addressed regarding work force goals, good faith efforts, marketing/communication and notification of monitoring efforts. Current and accurate monitoring, and the establishment of a database to notify contractors, sub-contractors and vendors of upcoming projects, requirements and needs as they relate to our MWBE Policy and Procedures were also addressed. Affirmative Action and EEO Guidelines were consulted to draft the proposed policy because no plan currently exists for Professional Services. The definition of what determines a local office was discussed and will continue to be reviewed and refined. Mr. Goffstein commented that MSD is a public agency with an enviable record of participation and compliance on a statewide basis and significant effort is being put forth to keep its MWBE policies and procedures current and compliant. The committee was in agreement with the presented policy revisions and implementation. The meeting adjourned at 9:05 a.m. - - - - Mr. Buford reported that the Finance Committee met on April 10, 2012. In attendance were Trustees Buford and Ross. The Committee approved minutes from the March 6, 2012 meeting. Ms. Zimmerman requested authorization for the District to enter into a two-year lease extension with the United States Treasury. The lease provides offices for the Office of the Comptroller of the Currency generating revenue of $145,503.75 per year. The Committee unanimously agreed to forward this to the Board and is item #30 on tonight’s agenda. Mr. Tyminski stated the bond counsel selection has been completed and the four firms recommended are Hardwick Law Firm, Gilmore & Bell, White Coleman, and Thompson Coburn. The Committee agreed to forward these to the Board for consideration and are items #26 – 29 on tonight’s agenda. Ms. Tionna Pooler and Ms. Jeanne Vanda of Public Financial Management (PFM) presented information on bond refinancing to take advantage of lower interest rates. PFM recommended deferment of a refinancing decision pending the outcome of the June bond election. With voter approval, the implementation of the refinancing could occur shortly after the initial issuance of bonds under the new authorization. At that time, the District’s bond banking team, feasibility study, and an updated credit rating will be in place. The Committee agreed to defer the decision. Mr. Bill Winningham of Milliman, the District’s actuarial firm, discussed the rate of investment currently assumed in MSD Pension Plan. He recommended this rate assumption be lowered from 7 1/2 percent to 7 1/4 percent. The Committee concurred with this recommendation. Ms. Zimmerman presented the February 2012 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 continues as sound, meeting all operating reserves and bond covenant requirements. Ms. Zimmerman recommended a $48,724 write-off related to the Acme Septic Tank Company, a waste hauler no longer in business. The Committee approved the recommendation. Per policy, no further Board action is required. Ms. Zimmerman reported a budget transfer resolution transferring $3.7 million between the District’s two Stormwater Operations and Maintenance Funds is needed to appropriately reflect actual stormwater costs. With the Committee’s concurrence, this is Item #31 on tonight’s agenda. Ms. Zimmerman requested authorization to exercise a one-year contract option with Gusdorf Law Firm LLC, John G. Heimos P.C., and Kramer & Frank P.C. These law firms provide collection litigation services for the District. The contract options reflect the second year of a three-year contract and are items #33 – 35 on tonight’s agenda. Ms. Zimmerman presented the preliminary FY13 District Budget. She indicated the Total Proposed Budget is $468 million. The Operating Budget is $177 million, $1.3 million less than the current year. $156 million of the Operating Budget covers basic District operations including the addition of 2 new positions dedicated to MWBE compliance monitoring. The remaining components represent $5 million for the water back-up insurance program and $16 million for stormwater operations and maintenance. The FY13 CIRP includes $220 million for wastewater construction and $10 million for stormwater construction. This represents a $76 million increase over the current year’s CIRP. The budget also includes $61 million to meet the District’s debt service obligations. The details of the FY13 Capital Program will be presented to the Finance Committee next Tuesday, April 17, 2012 at 7:30 a.m. A public hearing will be held in this room to present the FY13 District Operating Budget and Capital Program at 7:00 p.m. on May 3, 2012. The budget is tentatively scheduled for introduction at the May 10th Board of Meeting. This concludes the Finance Committee Report. - - - - The Executive Director reported that the District will be holding its fourth annual rain barrel sale at our 1900 Sulphur Avenue facility on May 12th. Rain barrels will be sold to the public for $65 on a cash and carry basis while supplies last. The sale is limited to customers that live within the MSD service area. For more information about the sale customers can consult the MSD website at www.stlmsd.com. The District conducts two different forms of customer survey on an annual basis. Annual surveying is conducted with a representative sample of all of the District’s customers. This survey solicits feedback on a broad set of topics about MSD and its performance. Post contact surveying is conducted with samples of those customers that have called the District with a service or billing concern. Each month the District surveys 150 customers that have called MSD with a concern or a service request. This survey can include anyone that calls our billing or field service call centers. The results of this survey are aggregated into quarterly reports that we use to monitor and improve our customer service. Chris Tatham from our survey contractor, the ETC Institute is here to provide the results of each of these efforts for calendar 2011. - - - - The public had no comments. - - - - CONSENT AGENDA ADOPTION OF PROPOSED ORD. NO. 13375 APPROPRIATING $6,200,000.00 FROM THE SANITARY REPLACEMENT FUND TO BE USED FOR PROJECT COSTS FOR WASTEWATER TREATMENT PLANT CONSTRUCTION – COLDWATER TREATMENT PLANT DISINFECTION FACILITIES (10558), 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 KOZENY-WAGNER, INC. FOR THE AFORESAID CONSTRUCTION. ADOPTION OF PROPOSED ORD. NO. 13376 MAKING A SUPPLEMENTAL APPROPRIATION OF $510,000.00 FROM THE SANITARY REPLACEMENT FUND FOR ADDITIONAL ENGINEERING SERVICES FOR THE FINAL DESIGN OF COLDWATER TREATMENT PLANT DISINFECTION FACILITIES (E-1186) (10558), AND AUTHORIZING THE EXECUTIVE DIRECTOR AND SECRETARY-TREASURER ON BEHALF OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT TO ENTER INTO AMENDMENT NO. 8 OF CONTRACT E-1186 WITH BLACK & VEATCH CORPORATION, FOR THE AFORESAID ADDITIONAL ENGINEERING SERVICES. ADOPTION OF PROPOSED ORD. NO. 13379 APPROPRIATING $2,000,000.00 FROM THE LOWER MERAMEC RIVER BASIN OMCI AND AUTHORIZING THE EXECUTIVE DIRECTOR AND SECRETARY-TREASURER TO EXECUTE AN AGREEMENT FOR A NO INTEREST LOAN IN THE AMOUNT OF $2,000,000.00 TO THE CITY OF VALLEY PARK TO PROVIDE INITIAL CAPITAL FOR SANITARY SEWER DESIGN AND CONSTRUCTION IN THE CITY OF VALLEY PARK, PEERLESS PARK SEWERS (11835). ADOPTION OF PROPOSED ORD. NO. 13380 AUTHORIZING THE CHAIRMAN OF THE BOARD OF TRUSTEES ON BEHALF OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT TO ENTER INTO A CONTRACT WITH BROWN SMITH WALLACE, LLC, WHEREBY BROWN SMITH WALLACE, LLC WILL PROVIDE INTERNAL AUDIT SERVICES FOR FISCAL YEAR 2013. ADOPTION OF PROPOSED ORD. NO. 13381 AUTHORIZING THE EXECUTIVE DIRECTOR AND SECRETARY-TREASURER ON BEHALF OF THE BOARD OF TRUSTEES OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT TO ENTER INTO A CONTRACT WITH RUBINBROWN, LLP, FOR AN INDEPENDENT AUDIT OF THE ACCOUNTING RECORDS OF THE DISTRICT. Plan Approval Clinton St. #1323 Bioretention (CB632) - CSO VR GIPLT (11157) This project, located west of Interstate 70 and south of St. Louis Avenue in the City of St. Louis, is to reduce combined sewer overflows into the Mississippi River per the Long Term Control Plan. This project was funded in the Fiscal Year 2011 Budget and the estimated construction cost is $234,000. Bond Place Sanitary Sewers (S.D. #2010094) (11067) This project, located north of Highway 30 and west of Interstate 270 in the City of Sunset Hills, is to make improvements to the existing sewer system in Subdistrict #2010094 so it can be accepted as a District asset. This project is in the Fiscal Year 2012 Budget and the estimated construction cost is $58,000. Hermitage I/I Reduction (SKME-615) (10645) This project, located south of Clayton Road and west of Lindbergh Boulevard in the City of Frontenac, is to alleviate sanitary sewer surcharging and sanitary sewer overflows during wet weather. This project is in the Fiscal Year 2012 Budget and the estimated construction cost is $1,343,000. Diamond Head Dr. Storm Sewer (GCUC-110) (10248) This project, located north of Lindbergh Blvd. and east of Union Road in Unincorporated St. Louis County, is to prevent further erosion threatening 12 homes on Diamond Head Rd. and Lois Rd.. This project is in the Fiscal Year 2012 Budget and the estimated construction cost is $670,000. Argyle #8800 Storm Sewer (10283) This project, located west of Interstate 170 and south of St. Charles Rock Road in the City of Overland, is to alleviate basement, yard, and street flooding. This project is in the Fiscal Year 2012 Budget and the estimated construction cost is $611,000. Fawnvalley Storm Channel Improvements (10192) This project, located north of Manchester Road and east of Ballas Road in the City of Des Peres, is to alleviate creek erosion. This project is in the Fiscal Year 2012 Budget and the estimated construction cost is $945,000. Ruth-Helen-Cecelia Storm Sewer Replacement (10132) This project, located north of Manchester Road and west of Hanley Road in the City of Brentwood, is to alleviate inadequate storm sewer capacity, and localized flooding of yards and streets. This project is in the Fiscal Year 2012 Budget and the estimated construction cost is $515,000. Motion made by Mr. Buford, seconded by Mr. Berry, that the Consent Agenda be adopted. Motion passed – 6 ayes, no nays Poll taken: E. Ross aye D. Visintainer aye J. Goffstein aye R. Berry aye J. Buford aye M. Yates aye The Chair declared the Consent Agenda adopted. - - - - UNFINISHED BUSINESS Ordinances None Resolutions None - - - - NEW BUSINESS Ordinances INTRODUCTION OF PROPOSED ORD. NO. 13385 APPROPRIATING $500,000.00 FROM THE OPERATION, MAINTENANCE AND CONSTRUCTION IMPROVEMENT FUND OF DEER CREEK FOR FLOOD MITIGATION PURPOSES IN MARY AVENUE FLOOD MITIGATION (10701) IN THE CITY OF BRENTWOOD, MISSOURI; AND AUTHORIZING THE EXECUTIVE DIRECTOR AND SECRETARY-TREASURER ON BEHALF OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH THE CITY OF BRENTWOOD, MISSOURI TO PROVIDE FINANCIAL ASSISTANCE FOR DEMOLITION OF STRUCTURES ON FLOOD-PRONE PROPERTIES. Proposed Ord. No. 13385 was presented and read. The work to be done under Contract #10746 consists of the removal of improvements on flood-prone properties, eight buildings on two properties at 2761 and 2805 Mary Avenue, and returning the area to permanent open space. The City of Brentwood recently obtained the properties, which are in the floodplain of Deer Creek, as part of its flood mitigation efforts. This agreement provides for reimbursement of up to $500,000 to the City of Brentwood for costs related to clearing and demolition. Motion made by Mr. Buford, seconded by Mr. Ross that proposed Ord. No. 13385 be introduced. Motion passed – 6 ayes, no nays Poll taken: J. Goffstein aye E. Ross aye D. Visintainer aye R. Berry aye J. Buford aye M. Yates aye INTRODUCTION OF PROPOSED ORD. NO. 13386 APPROPRIATING $1,700,000.00 FROM THE SANITARY REPLACEMENT FUND TO BE USED FOR PROJECT COSTS FOR THE REHABILITATION OF SANITARY SEWERS IN INFRASTRUCTURE REPAIRS (REHABILITATION) (FY2012 CONTRACT B) (11806) 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 INSITUFORM TECHNOLOGIES USA, LLC FOR THE AFORESAID REHABILITATION. Proposed Ord. No. 13386 was presented and read. The work to be done under Contract #10737 consists of the construction of the rehabilitation of approximately 16,595 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 270 days. Motion by Mr. Visintainer, seconded by Mr. Buford that proposed Ord. No. 13386 be introduced. Motion passed – 6 ayes, no nays Poll taken: J. Goffstein aye J. Buford aye E. Ross aye D. Visintainer aye R. Berry aye M. Yates aye INTRODUCTION OF PROPOSED ORD. NO. 13387 APPROPRIATING $180,000.00 FROM THE OPERATION, MAINTENANCE AND CONSTRUCTION IMPROVEMENT FUND OF CLAYTON CENTRAL TO BE USED FOR PROJECT COSTS FOR THE CONSTRUCTION OF SANITARY SEWERS IN MERAMEC AND FOREST PARK PARKWAY SANITARY SEWER IMPROVEMENTS (10704), IN THE CITY OF CLAYTON, MISSOURI; AND AUTHORIZING THE EXECUTIVE DIRECTOR AND SECRETARY-TREASURER ON BEHALF OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT TO ENTER INTO A CONTRACT WITH BATES UTILITY COMPANY FOR THE CONSTRUCTION OF THE AFORESAID SANITARY SEWERS. Proposed Ord. No. 13387 was presented and read. The work to be done under Contract #10739 consists of the construction of approximately 533 lineal feet of sanitary sewers varying in size from 10-inches to 14-inches, including 427 lineal feet of pipe bursting, and appurtenances. The purpose of this project is to replace inadequate sanitary sewers and abandon redundant parallel sewers. This project is scheduled to be completed in 365 days. Motion by Mr. Ross, seconded by Mr. Visintainer that proposed Ord. No. 13387 be introduced. Motion passed – 6 ayes, no nays Poll taken: J. Goffstein aye J. Buford aye E. Ross aye D. Visintainer aye R. Berry aye M. Yates aye INTRODUCTION OF PROPOSED ORD. NO. 13388 APPROPRIATING $2,300,000.00 FROM THE OPERATION, MAINTENANCE AND CONSTRUCTION IMPROVEMENT FUND OF MISSOURI RIVER BONFILS TO BE USED FOR PROJECT COSTS FOR THE REHABILITATION OF SANITARY SEWERS IN MISSOURI RIVER BONFILS SANITARY SEWER REHABILITATION (10708), IN THE CITIES OF BRIDGETON AND 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, INC., FOR THE AFORESAID SANITARY SEWER CONSTRUCTION. Proposed Ord. No. 13388 was presented and read. The work to be done under Contract #10738 consists of the rehabilitation of approximately 38,258 lineal feet of sewers varying in size from 8-inches to 30-inches in diameter utilizing CIPP methods, abandonment of approximately 4,222 lineal feet of sewers, replacement of approximately 17 manholes, and the repair of approximately 538 service connections. The purpose of this project is to reduce inflow/infiltration. This project is scheduled to be completed in 180 days. Motion made by Mr. Berry, seconded by Mr. Visintainer that proposed Ord. No. 13388 be introduced. Motion passed – 6 ayes, no nays Poll taken: J. Goffstein aye E. Ross aye D. Visintainer aye R. Berry aye J. Buford aye M. Yates aye INTRODUCTION OF PROPOSED ORD. NO. 13389 AUTHORIZING THE EXECUTIVE DIRECTOR AND SECRETARY-TREASURER ON BEHALF OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT TO ENTER INTO A CONTRACT WITH THE HARDWICK LAW FIRM, LLC WHEREBY THE HARDWICK LAW FIRM, LLC WILL SERVE AS EITHER THE BOND COUNSEL OR DISCLOSURE COUNSEL FOR THE DISTRICT AS DEEMED BY THE DISTRICT IN A TRANSACTION BY TRANSACTION BASIS. Proposed Ord. No. 13389 was presented and read. This ordinance authorizes the District to enter into a series of contracts with the Hardwick law Firm to serve as either the disclosure counsel or Bond Counsel on a rotating basis as deemed by the District for the District’s debt transactions covering a period of either five years or , if the Districts” proposition Y is successful at the polls on June 5, 2012, the extent of the bond authorization granted by the voters. Motion made by Mr. Buford, seconded by Mr. Ross that proposed Ord. No. 13389 be introduced. Motion passed – 6 ayes, no nays Poll taken: J. Goffstein aye E. Ross aye D. Visintainer aye R. Berry aye J. Buford aye M. Yates aye INTRODUCTION OF PROPOSED NO. 13390 AUTHORIZING THE EXECUTIVE DIRECTOR AND SECRETARY-TREASURER ON BEHALF OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT TO ENTER INTO A CONTRACT WITH GILMORE & BELL, P.C., WHEREBY GILMORE & BELL, P.C. WILL SERVE AS EITHER THE BOND COUNSEL OR DISCLOSURE COUNSEL FOR THE DISTRICT AS DEEMED BY THE DISTRICT IN A TRANSACTION BY TRANSACTION BASIS. Proposed Ord. No. 13390 was presented and read. This ordinance authorizes the District to enter into a series of contracts with Gilmore & Bell to serve as either the Disclosure Counsel or Bond Counsel on a rotating basis as deemed by the District for the District’s debt transactions covering a period of either five years or , if the Districts” Proposition Y is successful at the polls on June 5, 2012, the extent of the bond authorization granted by the voters. Motion made by Mr. Buford, seconded by Mr. Ross that proposed Ord. No. 13390 be introduced. Motion passed – 6 ayes, no nays Poll taken: J. Goffstein aye E. Ross aye D. Visintainer aye R. Berry aye J. Buford aye M. Yates aye INTRODUCTION OF PROPOSED ORD. NO. 13391 AUTHORIZING THE EXECUTIVE DIRECTOR AND SECRETARY-TREASURER ON BEHALF OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT TO ENTER INTO A CONTRACT WITH WHITE COLEMAN & ASSOCIATES, LLC WHEREBY WHITE COLEMAN & ASSOCIATES, LLC WILL SERVE AS EITHER THE BOND COUNSEL OR DISCLOSURE COUNSEL FOR THE DISTRICT AS DEEMED BY THE DISTRICT IN A TRANSACTION BY TRANSACTION BASIS. Proposed Ord. No. 13391 was presented and read. This ordinance authorizes the District to enter into a series of contracts with the White Coleman and Associates, LLC to serve as either the Disclosure Counsel or Bond Counsel on a rotating basis as deemed by the District for the District’s debt transactions covering a period of either five years or if the Districts” Proposition Y is successful at the polls on June 5, 2012, the extent of the bond authorization granted by the voters. Motion made by Mr. Buford, seconded by Mr. Ross that proposed Ord. No. 13391 be introduced. Motion passed – 6 ayes, no nays Poll taken: J. Goffstein aye E. Ross aye D. Visintainer aye R. Berry aye J. Buford aye M. Yates aye INTRODUCTION OF PROPOSED ORD. NO. 13392 AUTHORIZING THE EXECUTIVE DIRECTOR AND SECRETARY-TREASURER ON BEHALF OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT TO ENTER INTO A CONTRACT WITH THOMPSON COBURN, LLP WHEREBY THOMPSON COBURN, LLP WILL SERVE AS EITHER THE BOND COUNSEL OR DISCLOSURE COUNSEL FOR THE DISTRICT AS DEEMED BY THE DISTRICT IN A TRANSACTION BY TRANSACTION BASIS. Proposed Ord. No. 13392 was presented and read. This ordinance authorizes the District to enter into a series of contracts with the Thompson Coburn LLP to serve as either the Disclosure counsel or Bond Counsel on a rotating basis as deemed by the District for the District’s debt transactions covering a period of either five years or, if the Districts Proposition Y is successful at the polls on June 5, 2012, the extent of the bond authorization granted by the voters. Motion made by Mr. Buford, seconded by Mr. Ross that proposed Ord. No. 13392 be introduced. Motion passed – 6 ayes, no nays Poll taken: J. Goffstein aye E. Ross aye D. Visintainer aye R. Berry aye J. Buford aye M. Yates aye INTRODUCTION AND ADOPTION OF PROPOSED ORD. NO. 13393 RATIFYING A SUPPLEMENTAL LEASE AGREEMENT BY AND BETWEEN THE METROPOLITAN ST. LOUIS SEWER DISTRICT AND THE UNITED STATES OF AMERICA EXTENDING THROUGH MARCH 31, 2014, THE TERM OF THE LEASE OF A PORTION OF CERTAIN REAL PROPERTY OF THE DISTRICT KNOWN AND NUMBERED AS 2350 MARKET STREET IN THE CITY OF ST. LOUIS, MISSOURI, AS LEASED BY THE DISTRICT TO THE UNITED STATES OF AMERICA; AND AUTHORIZING THE EXECUTIVE DIRECTOR AND SECRETARY-TREASURER ON BEHALF OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT TO ENTER INTO A SUPPLEMENTAL LEASE AGREEMENT WITH THE UNITED STATES OF AMERICA WHEREBY THE DISTRICT WILL CONTINUE TO LEASE A PORTION OF CERTAIN REAL PROPERTY OF THE DISTRICT, KNOWN AND NUMBERED AS 2350 MARKET STREET IN THE CITY OF ST. LOUIS, MISSOURI, TO THE UNITED STATES OF AMERICA FOR THE TERM OF APRIL 1, 2012, THROUGH MARCH 31, 2014. Proposed Ord. No. 13393 was presented and read. This ordinance authorizes the District to enter into a lease extension with the United States Treasury for a term of two years, from April 1, 2012 to March 31, 2014. The lease requires the property to be used as offices by the Office of the Comptroller of the Currency (OCC). The portion of the headquarters building is not needed at this time for District purposes. The US Treasury will pay the District monthly rent at a rate of $12,125.31 per month or $145,503.75 per year. The rental amount is at or above existing market rates. The extension requires that the District provide new paint and carpet throughout the leased space (this had been part of the prior extension but was not accomplished previously). Motion by Mr. Visintainer seconded by Mr. Yates that proposed Ord. No. 13393 be introduced. Motion made, seconded and unanimously adopted to suspend the rules to allow for adoption of proposed Ord. No. 13393. Motion made by Mr. Berry, seconded by Mr. Buford that proposed Ord. No. 13393 be adopted. Motion passed – 6 ayes, no nays Poll taken: J. Goffstein aye J. Buford aye D. Visintainer aye R. Berry aye E. Ross aye M. Yates aye The Chair declared proposed Ord. No. 13382 adopted and it was assigned Ordinance No. 13393. Resolutions ADOPTION OF RESOLUTION NO. 3019 TRANSFERRING UNENCUMBERED APPROPRIATED BALANCES TOTALING $2,448,320 FROM THE DISTRICTWIDE STORMWATER FUND TO THE STORMWATER OPERATIONS & MAINTENANCE FUND; AND TRANSFERRING UNENCUMBERED APPROPRIATED BALANCES AND UNENCUMBERED FUND BALANCES TOTALING $1,222,000 FROM THE WASTEWATER REVENUE BOND SERVICE FUND # 2804 TO THE WASTEWATER REVENUE BOND SERVICE FUND #2810. Resolution No. 3019 was presented and read. ADOPTION OF RESOLUTION NO. 3020 WHEREAS THE EXECUTIVE DIRECTOR HAS PREPARED A LIST OF PROPOSED EXPENDITURES FOR THE DISTRICT IN THE FORM OF A CAPITAL IMPROVEMENT & REPLACEMENT PROGRAM FOR FISCAL YEAR 2012-2013 IN COMPLIANCE WITH SECTION 7.130 OF THE DISTRICT’S PLAN. Resolution No. 3020 was presented and read. ADOPTION OF RESOLUTION NO. 3021 WHEREAS ORDINANCE NO. 13207, ADOPTED FEBRUARY 10, 2011, AUTHORIZED THE EXECUTIVE DIRECTOR AND SECRETARY – TREASURER ON BEHALF OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT TO ENTER INTO A CONTRACT WITH GUSDORF LAW FIRM, LLC WHEREBY GUSDORF LAW FIRM, LLC WOULD PROVIDE COLLECTION LITIGATION SERVICES FOR THE DISTRICT. Resolution No. 3021 was presented and read. ADOPTION OF RESOLUTION NO. 3022 WHEREAS ORDINANCE NO. 13209, ADOPTED FEBRUARY 10, 2011, AUTHORIZED THE EXECUTIVE DIRECTOR AND SECRETARY – TREASURER ON BEHALF OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT TO ENTER INTO A CONTRACT WITH JOHN G. HEIMOS, P.C. WHEREBY JOHN G. HEIMOS, P.C. WOULD PROVIDE COLLECTION LITIGATION SERVICES FOR THE DISTRICT. Resolution No. 3022 was presented and read. ADOPTION OF RESOLUTION NO. 3023 WHEREAS ORDINANCE NO. 13208, ADOPTED FEBRUARY 10, 2011, AUTHORIZED THE EXECUTIVE DIRECTOR AND SECRETARY – TREASURER ON BEHALF OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT TO ENTER INTO A CONTRACT WITH KRAMER & FRANK, P.C. WHEREBY KRAMER & FRANK, P.C. WOULD PROVIDE COLLECTION LITIGATION SERVICES FOR THE DISTRICT. Resolution No. 3023 was presented and read. ADOPTION OF RESOLUTION NO. 3018 EXPRESSING THE BOARD OF TRUSTEES’ APPRECIATION TO MICHAEL S. DOCHWAT FOR HIS 20 YEARS OF EXEMPLARY SERVICE TO THE METROPOLITAN ST. LOUIS SEWER DISTRICT FROM DECEMBER 30, 1991, TO HIS RETIREMENT EFFECTIVE APRIL 1, 2012. Resolution No. 3018 as presented and read. Motion made by Mr. Buford, seconded by Mr. Yates that Resolution Nos. 3018, 3019, 3020, 3021, 3022 and 3023 be adopted. Motion passed – voice vote, all ayes - - - - Upon motion made Mr. Goffstein, seconded by Mr. Buford, and unanimously passed, the meeting adjourned at 5:33 p.m. Secretary-Treasurer