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.
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Mr. Berry opened the meeting pursuant to notice and call.
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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
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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.
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The Chair had no comments.
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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.
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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.
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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.
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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.
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The public had no comments.
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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.
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UNFINISHED BUSINESS
Ordinances
None
Resolutions
None
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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