HomeMy Public PortalAbout1517th Board Journal 5-10-2012
JOURNAL OF THE (1517th) MEETING OF THE
BOARD OF TRUSTEES
THE METROPOLITAN ST. LOUIS SEWER DISTRICT
May 10, 2012 – 4:30 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
M. E. Yates B. L. Hoelscher, Director of Engineering
A. K. Mandel J. C. Sprague, Director of Operations
Also present were Tom Sullivan, 35 N. Central; Ed Sweet, Parsons; William Ray,
St. Louis County; Al Callier, Donohue & Associates; Barbara Smiddy, G.B. Windler; Stephen
Gregali, City of St. Louis; Tim Tappendorf, CMT; Joe Britt, Wells Fargo; Shannon Ryan, IDCS;
John Kindschuh, Bryan Cave; Bob Ballsrud, Gilmore & Bell; Rob Kuenzel, RJN; Marc
Eshelman, M3 Engineering; Matt Eshelman, M3 Engineering; Chad Ross, TWM; Marion
Sanders, Carpenters; Steve Lewis, AGC; Jim Dunafelt, GBA; Diane Fink, Gonzalez; Bob Bella,
HDR; Dorothy White, WCA; Susie McFarlind, WCA; Aaron Griesheimer, SITE; Tom Ratzki, B &
V; Ron Krusie, Burns & McDonnell; Carl Baysumpt, EMLDC; Lisa Langenekert, Sandberg &
Phoenix; Rachel Carlson, Carpenters Council; Bruce Litzsinger, MSD; Bill Allen, MSD; Todd
Aschbacher, MSD; Steve Trenz, 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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Mr. Tyminski administered the Oath of Office to Ms. Annette K. Mandel.
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Motion made by Mr. Buford, seconded by Mr. Ross, 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: A. Mandel 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.
The Board also discussed and voted to approve the purchase of property located
at 7761 Weaver Avenue, located in Maplewood.
Motion by Mr. Buford seconded by Mr. Ross that the purchase of property located
at 7761 Weaver Avenue be introduced.
Motion made, seconded and unanimously adopted to suspend the rules to allow
for adoption of proposed purchase.
Motion made by Mr. Buford, seconded by Mr. Ross that the purchase of property
located at 7761 Weaver Avenue be adopted.
Motion passed – 6 ayes, no nays
Poll taken: E. Ross aye A. Mandel aye
J. Goffstein aye R. Berry aye
J. Buford aye M. Yates aye
Motion made by Mr. Berry, seconded by Ms. Mandel, to reconvene into open
session.
Motion passed – 6 ayes, no nays
Poll taken: E. Ross aye A. Mandel aye
J. Goffstein aye R. Berry aye
J. Buford aye M. Yates aye
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Upon motion made by Mr. Buford, seconded by Ms. Mandel, the Journal of the
April 12, 2012 meeting was approved by unanimous voice vote.
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The Chair had no comments.
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Mr. Ross reported that the Audit Committee met on May 8, 2012 at 8:30 a.m. In
attendance were Trustees Buford and Mandel. The Committee approved the minutes from the
prior meeting.
The Committee motioned to go into closed session to discuss confidential or
privileged matters between the public body and its auditor under section 610.021 (17) RSMO.
There were no additional items on the agenda.
The meeting adjourned at 8:45 am.
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Mr. Buford reported that the Finance Committee met twice since the last Board of
Trustee’s meeting.
On April 17, 2012 in attendance were Trustees Berry, Ross, and Yates. The
Committee approved minutes from the April 10, 2012 meeting.
Ms. Zimmerman recapped the preliminary FY13 District Budget originally
presented at the April 10th Committee meeting. She indicated the Total Preliminary 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. Ms. Zimmerman reported the FY13 budget includes a $229 million Capital
Improvement and Replacement Program with detail provided in the Preliminary Budget
Supplement prepared by the Engineering Department.
Mr. Hoelscher presented the FY13 Preliminary Budget Supplement that detailed
the Capital Improvement and Replacement Projects (CIRP), including information on overall
program statistics, breakdown of the program by project type and regulatory issue, an update on
the long term planning process, and a comparison of this budget versus the project list
presented to the Rate Commission. The proposed total FY13 CIRP is $229 million. This
represents a $76 million increase over the current year’s CIRP. The proposed CIRP consists of
$218 million for wastewater projects, $5 million for stormwater, and $6 million for continued
projects.
The information presented showed the anticipated final cost at the end of FY 2013
for the extended planning program from 2006-2013 will be approximately $175 million or $40
million less than the original estimate of $215 million. One of the planning activities that will
continue beyond FY 2013 is the CCTV contracts. The Consent Decree requires a minimum of
280 miles per year of CCTV work on the sewer system. The Operations Department has
increased their internal capacity to 300 miles per year to meet this requirement. However, the
Consent Decree requires an additional 120 miles of sewer be televised until the SSO Master
Plan is approved. The Capital Program includes sufficient contracted resources to provide an
additional 190 miles of CCTV capability to address the 120-mile requirement as well as any
miscellaneous CCTV activity needed. Once this requirement ends in the next couple of years,
this contracted service will no longer be needed.
The presentation also included a review of the Rate Commission project list that
was developed over 18 months ago, to the FY 2013 project list approved by the Board at its
April 12, 2012 meeting Staff reviewed all major changes with the Committee. The net result is a
FY 2013 Capital Program that is approximately $3.5 million less than that presented to the Rate
Commission.
The Finance Committee also met on May 8, 2012. Mr. Buford introduced Ms.
Annette Mandel, the District’s new trustee, appointed by Mayor Slay to fill the vacancy of David
Visintainer for a term extending to March 15, 2016. Ms. Mandel is a former Mayor of Creve
Coeur. Trustee Yates was also in attendance. The Committee approved minutes from the
April 17, 2012 meeting.
Ms. Susan Oefelein of McGriff, Seibels & Williams, Inc. reported on the renewal of
District’s various property and casualty insurance policies for a total renewal cost of $2.7 million
an increase of just under 2.5%. The Committee unanimously recommended these items be
brought to the Board for consideration. These are items #36 through #46 on tonight’s agenda.
Ms. Vicki Edwards recommended the third year option of the contract with
Corporate Claims Management Inc. (CCMI) be exercised. CCMI provides third party
administration services for the District’s water back-up, workers’ compensation, general liability,
auto, errors and omissions claims and any other claims against the District. This is Item #47 on
tonight’s agenda.
Mr. Todd Aschbacher recommended executing and delivering a Lease Agreement
upon the conditions set out with Boxes Inc. and Kadima Properties, LLC. These will be Items
#34 and #35 on tonight’s agenda.
Mrs. Zimmerman reported the District’s proposed FY13 Budget presented to the
Finance Committee on April 17, 2012 was amended to reflect a $400,000 reduction in legal
services as directed by the Board. She indicated the FY13 Budget totals $176.9 million and is
Item #31 on the agenda. She also indicated an ordinance will be presented to establish
property tax levies and is Item #32 on tonight’s agenda.
Introduction of the Wastewater User Charge Ordinance is on tonight’s agenda as
item #30. This ordinance includes the option to implement rates based on whether or not voters
approve authorization for $945 million in additional bonds. The adopted option is contingent on
the outcome of the June 5,, 2012 bond authorization election. Voter approval of the use of
additional bonds will result in a $31.39 monthly bill for an average MSD residential customer as
of July 1, 2012. This monthly bill will increase to $64.14 a month should the authorization fail.
Mr. Breig recommended the contract for district banking services be awarded to
Bank of America. He indicated the contract is for one year with four one year options and is
Item #33 on tonight’s agenda. He also indicated a resolution to modify the list of depositary
banks approved for District use and the corresponding banking resolution is Item #48 on
tonight’s agenda.
Mr. Doug Moseley from the District investment advisory firm, NEPC, reported on
the performance of the District’s pension plan. At quarter end, the assets in the Fund totaled
approximately $212 million, an increase of $11 million over the prior quarter reflecting
investment gains of $15 million and net outflows of $3 million.
Mrs. Zimmerman reported on the current financial condition of the District
indicating it continues in a positive position. She presented the March 2012 Adjustment Review
Committee report as required by ordinance. The Committee entered the report into the record.
The meeting adjourned at 8:30 a.m. This concludes the Finance Committee
Report.
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Mr. Berry reported that the Program Management Committee met on May 1, 2012
at 7:30 a.m. The meeting was attended by Trustees Berry, Yates and Mandel.
The minutes of the April 3, 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 – Clinton Street #1323 Bioretention – This ordinance authorizes a contract
to construct a 2,000 square foot District maintained bioretention cell as part of the Green Pilot
Program. The Green Pilot Program is a requirement of the District’s Consent Decree. Staff
explained the details of this project and reviewed the status of the $3 million Green Pilot
Program.
Item 23 – Bond Place Sanitary Sewers – This ordinance creates a new fund for
this project and transfers monies to this new fund to meet GASB requirements. This project will
provide improvements to an existing private sanitary system so the system can be taken over by
the District for future operation and maintenance. The cost of this project will be paid for by the
12 benefitting property owners through tax bills.
Item 25 – Deer Creek Watershed Initiative – This ordinance appropriates funds
and authorizes MSD to enter into an agreement with the Missouri Botanical Gardens to provide
a portion of the local match for a Section 319 Grant. This project will allow for the installation of
green infrastructure to provide stormwater quality benefits, reduce stormwater problems, and
provide information on the effectiveness of various kinds of green infrastructure. The Missouri
Botanical Gardens obtained $705,000 in grant funding. MSD will participate with 8
municipalities, 4 other local entities, the Missouri Botanical Gardens, and local homeowners to
provide the $470,000 local match. The Committee requested that staff report on the
effectiveness of this program once data is available.
Item 27 – Fawnvalley Storm Channel Improvements – $75,000 is included in this
appropriation request to pay for potential mitigation requirements by the Corps of Engineers.
The Corps will not know if mitigation credits are required until it holds a public meeting on the
issue. If not required, these funds will be returned to the Deer Creek OMCI fund for future use.
The Committee asked when the Board of Trustees would start seeing new projects
that fell under the requirements of the interim MWBE policies. Staff indicated that projects
scheduled to be first brought before the Board in June would be under the new policy as they
are the first set of projects whose procurement started after April 1, 2012.
The Committee also requested that the staff look into possibilities of accelerating
parts of the Capital Program if stakeholders approve bonding in the June 2012 elections. The
Committee would like to take full advantage of the reduced cost MSD is currently experiencing
for capital projects.
The meeting was adjourned at 8:25 a.m.
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Mr. Theerman called upon Mr. Sprague to provide the first quarter 2012 Quarterly
Compliance Report, which tracks the District’s progress in reaching environmental and
performance goals. Mr. Sprague reported, with the aid of a Power Point presentation, that all
seven treatments plants met 100% of the requirements for the first quarter. The emergency
response rate was 81%. We are continuing to work on this area to reach the goal response
time of 90%, in less than four hours. We experienced 85 backups, 48 maintenance overflows
and 13 basement overflows due to heavy rains. The District is working to remove the 182
constricted overflows in the system to comply with the Consent Decree over the next ten years.
None were removed in the first quarter. Even with 19 rain events, we only experienced 42
overflows. Mr. Berry asked how we have faired the last couple of weeks with the rain we have
had. Mr. Sprague replied that we did not have many overcharged mains or water backups.
Mr. Theerman reported that on April 27th, Federal Judge Carol Jackson issued an
order entering the District’s consent decree with the Federal government and the Missouri
Coalition for the Environment. This order ends the lawsuit filed in June of 2007 and continues
and accelerates a program of sewer improvements that will extend several decades into the
future. Over the past 20 years, MSD has addressed over 350 overflows at a cost of $2.5
billion. Going forward, by complying with this consent decree, MSD will address a comparable
number of remaining overflows and also chronic basement backups that affect numerous
customers. Compliance with this agreement will not be easy nor will it be cheap with an
estimated price tag in 2010 dollars of $4.7 billion. MSD is committed to developing and
constructing cost effective solutions to our overflow and basement back up issues and
delivering them on schedule for our customers. The District’s FY2013 budget which is item 31
on tonight’s agenda and the Capital Program Resolution passed by the Board last month are
both designed to accomplish this for the coming fiscal year.
MSD’s activities under the Phase II stormwater program are recognized in the
community, and reflect positively upon the District. I am happy to announce that MSD just
received notice that we will be awarded the 2012 William C. Schock Clean Water Conservancy
Award from The Open Space Council for the St. Louis Region. Each year The Open Space
Council recognizes individuals or organizations for their outstanding contribution to enhancing,
conserving or sustaining our regions land and water resources. This award recognizes MSD
for its water conservation and environmental initiatives associated with keeping our area rivers
and streams clean and healthy.
Another example of MSD benefiting from its partnerships in the community on
stormwater projects under the Phase II program is the Confluence Trash Bash. This event is
co-sponsored by MSD and the Confluence Greenway, has received the 2011 Missouri Attorney
General’s Justice Award for demonstrating extraordinary commitment to justice in the
Environmental Protection Category. The Confluence Trash Bash is an annual stream cleanup
event that is now in its fourth year, and has grown to involve over 600 volunteers attending the
event to remove trash from our local streams.
This year Marie Collins, an Assistant Director in the Engineering Department, has
been recognized by the Engineer’s Club of St. Louis with the 2012 Merit Award. This award
recognizes Marie for her outstanding contributions to the engineering profession. Among
Marie’s biggest contributions are serving as the president of both the local and state chapters
of the Missouri Society of Professional Engineers, the president of the St. Louis Section of the
American Society of Civil Engineers as well as the President of the St. Louis Engineer’s Club.
She has accomplished all of this while still providing excellent service to the District’s
customers and stakeholders during her almost 24 years here at the District.
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Ms. Barb Smiddy addressed the Board and recapped the problems encountered
including the damage incurred to her family’s floral shop located near the corner of Grand and
Bates while contractors working for MSD completed the Grand and Bates Tunnel Project in the
late 1990's. She also noted that the District continues to use the same contractors today.
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Mr. Tom Sullivan addressed the Board and expressed concern regarding the
aggressive behavior he encountered with a District employee during an MSD election debate
held at mid-county Republican event.
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CONSENT AGENDA
ADOPTION 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.
ADOPTION 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.
ADOPTION 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.
ADOPTION 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.
ADOPTION 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.
ADOPTION OF PROPOSED ORD. 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.
ADOPTION 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.
ADOPTION 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.
Plan Approval
Portis #3242 Combined Sewer Improvements (10145)
This project, located north of Fyler Avenue and east of Kinsghighway in the City of
St. Louis, is to alleviate localized property and street flooding in the 3200 block of
Portis Avenue. This project is in the Fiscal Year 2013 Budget and the estimated
construction cost is $245,000.
Romaine Ave. #9449 Storm Sewer (10747)
This project, located west of Interstate 170 and north of Page Avenue in the City of
Overland, is to alleviate ponding in rear yards of 9447 and 9449 Romaine Avenue.
This project is in the Fiscal Year 2012 Budget and the estimated construction cost
is $85,000.
Wabash Ave #8555 Storm Sewer (10357)
This project, located north of Airport Road and east of Interstate 170 in the City of
Berkeley, is to alleviate structure and yard flooding. This project is in the Fiscal
Year 2013 Budget and the estimated construction cost is $89,000.
Windom #8721 Sewer Rehabilitation (10229)
This project, located south of St. Charles Rock Road and west of Interstate 170 in
the City of Charlack and the City of St. John, is to relieve yard flooding at #8721
Windom Avenue. This project is in the Fiscal Year 2012 Budget and the estimated
construction cost is $ 158,000.
Motion made by Mr. Buford, seconded by Ms. Mandel, that the Consent Agenda
be adopted.
Motion passed – 6 ayes, no nays
Poll taken: E. Ross aye A. Mandel 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. 13394 AUTHORIZING THE EXECUTIVE
DIRECTOR AND SECRETARY-TREASURER ON BEHALF OF THE METROPOLITAN ST. LOUIS
SEWER DISTRICT TO ENTER INTO A CONTRACT WITH LANDESIGN, LLC FOR THE
CONSTRUCTION OF GREEN INFRASTRUCTURE BIORETENTION AT CLINTON ST. #1323
BIORETENTION (CB632) - CSO VR GIPLT (11157) IN THE CITY OF ST. LOUIS, MISSOURI.
Proposed Ord. No. 13394 was presented and read. The work to be done under
Contract #10744 consists of the construction of approximately 2,140 square feet of bioretention
and appurtenances. The purpose of this project is to reduce combined sewer overflows into the
Mississippi River per the Long Term Control Plan. This project is part of the CSO Volume
Reduction – Green Infrastructure (Pilot Program), Project No. 11048. This project is scheduled
to be completed in 180 days.
Motion made by Mr. Buford, seconded by Mr. Ross that proposed Ord. No. 13394
be introduced.
Motion passed – 6 ayes, no nays
Poll taken: J. Goffstein aye E. Ross aye
A. Mandel aye R. Berry aye
J. Buford aye M. Yates aye
INTRODUCTION OF PROPOSED ORD. NO. 13395 CREATING A NEW FUND TO BE
KNOWN AS THE #5401- BOND PLACE SPECIAL TAXING SUBDISTRICT TO FUND
PROJECTS IN THE BOND PLACE SPECIAL TAXING SUBDISTRICT; TRANSFERRING
$70,000.00 FROM THE IMPROVEMENT FUND AND $10,000.00 FROM THE LOWER
MERAMEC RIVER BASIN OMCI TO THE BOND PLACE SPECIAL TAXING SUBDISTRICT
AND APPROPRIATING $80,000.00 FROM THE BOND PLACE SPECIAL TAXING
SUBDISTRICT TO BE USED FOR PROJECT COSTS FOR THE CONSTRUCTION OF
SANITARY SEWERS IN BOND PLACE SANITARY SEWERS (S.D. #2010094) (11067), IN
THE CITY OF SUNSET 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 HEARTLAND
CONSTRUCTION & EXCAVATING FOR THE CONSTRUCTION OF THE AFORESAID
SANITARY SEWERS.
Proposed Ord. No. 13395 was presented and read. The work to be done under
Contract #10743 consists of the construction of approximately 48 lineal feet of 8-inch diameter
pipe sewers, six manholes, and appurtenances. The purpose of this project is to make
improvements to the existing sewer system in Subdistrict #2010094 so it can be accepted as a
District asset. This project is scheduled to be completed in 200 days.
Motion by Mr. Ross, seconded by Mr. Goffstein that proposed Ord. No. 13395 be
introduced.
Motion passed – 6 ayes, no nays
Poll taken: J. Goffstein aye J. Buford aye
E. Ross aye A. Mandel aye
R. Berry aye M. Yates aye
INTRODUCTION OF PROPOSED ORD. NO. 13396 APPROPRIATING $1,300,000.00 FROM
THE SANITARY REPLACEMENT FUND TO BE USED FOR PROJECT COSTS FOR THE
REHABILITATION OF SEWERS IN HERMITAGE I/I REDUCTION (SKME-615) (10645), IN
THE CITY OF FRONTENAC, 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 SEWER REHABILITATION.
Proposed Ord. No. 13396 was presented and read. The work to be done under
Contract #10745 consists of the rehabilitation of approximately 11,764 lineal feet of sanitary
sewers varying in size from 8-inches to 12-inches in diameter, 2,103 lineal feet of storm sewers
varying in size from 12-inches to 60-inches in diameter utilizing CIPP methods, replacement of
approximately 1,183 lineal feet of 8-inch sanitary pipe sewers and appurtenances, and
rehabilitation of 148 manholes and removal of inflow sources from 38 private properties. The
purpose of this project is to alleviate sanitary sewer surcharging and sanitary sewer overflows
during wet weather. It is anticipated that this project may allow for the future elimination of two
constructed SSOs (BP-181 and BP-343) after post-construction monitoring. This project is
scheduled to be completed in 199 days.
Motion by Mr. Berry, seconded by Mr. Buford that proposed Ord. No. 13396 be
introduced.
Motion passed – 6 ayes, no nays
Poll taken: J. Goffstein aye J. Buford aye
E. Ross aye A. Mandel aye
R. Berry aye M. Yates aye
INTRODUCTION OF PROPOSED ORD. NO. 13397 APPROPRIATING $200,000.00 FROM
THE OPERATION, MAINTENANCE AND CONSTRUCTION IMPROVEMENT FUND OF DEER
CREEK FOR COST SHARING WITH THE MISSOURI BOTANICAL GARDENS FOR GREEN
INFRASTRUCTURE CONSTRUCTION - DEER CREEK WATERSHED INITIATIVE (11065) AND
AUTHORIZING THE EXECUTIVE DIRECTOR AND SECRETARY-TREASURER ON BEHALF OF THE
METROPOLITAN ST. LOUIS SEWER DISTRICT TO ENTER INTO AN AGREEMENT WITH THE
MISSOURI BOTANICAL GARDENS FOR COST SHARING OF GREEN INFRASTRUCTURE
CONSTRUCTION.
Proposed Ord. No. 13397 was presented and read. The Missouri Botanical
Garden has received a Nonpoint Source Implementation Grant from the Missouri Department of
Natural Resources under Section 319 of the Clean Water Act. The Botanical Garden will
partner with MSD and Deer Creek watershed municipalities to develop a homeowner cost-share
program to install plant-based green infrastructure management practices. The project will
include a water quality monitoring component to measure project effectiveness. The Botanical
Garden will partner with the Litzsinger Ecology Center, MSD, and Washington University to
collect or share water quality data related to the Deer Creek watershed and document green
infrastructure efficiencies at demonstration sites. This agreement provides reimbursement of up
to $200,000 to the Missouri Botanical Garden for costs related to the construction and
monitoring of green infrastructure. Section 319 funds provided by the EPA amount to $706,724;
nonfederal matching funds amount to $471,957, for a total project cost of $1,178,681.
Motion made by Mr. Berry, seconded by Mr. Yates that proposed Ord. No. 13397
be introduced.
Motion passed – 6 ayes, no nays
Poll taken: J. Goffstein aye E. Ross aye
A. Mandel aye R. Berry aye
J. Buford aye M. Yates aye
INTRODUCTION OF PROPOSED ORD. NO. 13398 APPROPRIATING $580,000.00 FROM
THE GRAVOIS CREEK OMCI FUND TO BE USED FOR PROJECT COSTS FOR THE
CONSTRUCTION OF STORM SEWERS AND CREEKBANK STABILIZATION IN DIAMOND HEAD
DRIVE STORM SEWER (GCUC-110) (10248) 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 IDEAL
LANDSCAPE GROUP FOR THE AFORESAID CONSTRUCTION.
Proposed Ord. No. 13398 was presented and read The work to be done under
Contract #10740 consists of the construction of approximately 1,290 lineal feet of natural
channel stabilization, 93 lineal feet of pipe sewers 21-inches in diameter, 400 lineal feet of new
modular block wall construction, 53 cubic yards of grade control and appurtenances. The
purpose of this project is to prevent further erosion threatening 12 homes on Diamond Head Dr.
and Lois Rd. This project is scheduled to be completed in 327 days.
Motion made by Mr. Ross, seconded by Mr. Berry that proposed Ord. No. 13398
be introduced.
Motion passed – 6 ayes, no nays
Poll taken: J. Goffstein aye E. Ross aye
A. Mandel aye R. Berry aye
J. Buford aye M. Yates aye
INTRODUCTION OF PROPOSED NO. 13399 APPROPRIATING $990,000.00 FROM THE
OPERATION, MAINTENANCE AND CONSTRUCTION IMPROVEMENT FUND OF DEER
CREEK TO BE USED FOR PROJECT COSTS FOR CREEKBANK STABILIZATION IN
FAWNVALLEY STORM CHANNEL IMPROVEMENTS (10192), IN THE CITY OF DES PERES,
MISSOURI; AND AUTHORIZING THE EXECUTIVE DIRECTOR AND SECRETARY-
TREASURER ON BEHALF OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT TO
ENTER INTO A CONTRACT WITH WEHMEYER FARMS, INC. FOR THE AFORESAID
CREEKBANK STABILIZATION.
Proposed Ord. No. 13399 was presented and read. The work to be done under
Contract #10748 consists of the construction of approximately 18,500 square feet of Modular
Block Wall and 5 step pools. The purpose of this project is to alleviate creek erosion. This
project is scheduled to be completed in 218 days.
Motion made by Mr. Berry, seconded by Mr. Buford that proposed Ord. No. 13399
be introduced.
Motion passed – 6 ayes, no nays
Poll taken: J. Goffstein aye E. Ross aye
A. Mandel aye R. Berry aye
J. Buford aye M. Yates aye
INTRODUCTION OF PROPOSED ORD. NO. 13400 APPROPRIATING $480,000.00 FROM
THE OPERATION, MAINTENANCE AND CONSTRUCTION IMPROVEMENT FUND OF DEER
CREEK TO BE USED FOR PROJECT COSTS FOR THE CONSTRUCTION OF STORM
SEWERS IN RUTH - HELEN - CECELIA STORM SEWER REPLACEMENT (10132), 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 A CONTRACT WITH J.H. BERRA CONST. CO., INC. FOR THE
CONSTRUCTION OF THE AFORESAID STORM SEWERS.
Proposed Ord. No. 13400 was presented and read. The work to be done under
Contract #10773 consists of the construction of approximately 1,053 lineal feet of storm sewers
varying in size from 12-inches in diameter to 45-inch x 29-inch elliptical pipe, 452 lineal feet of 8-
inch diameter sanitary sewers, and appurtenances. The purpose of this project is to alleviate
inadequate storm sewer capacity, and localized flooding of yards and streets. This project is
scheduled to be completed in 325 days.
Motion made by Mr. Buford, seconded by Mr. Yates that proposed Ord. No. 13400
be introduced.
Motion passed – 6 ayes, no nays
Poll taken: J. Goffstein aye E. Ross aye
A. Mandel aye R. Berry aye
J. Buford aye M. Yates aye
INTRODUCTION OF PROPOSED ORD. NO. 13401 APPROPRIATING $735,000.00 FROM
THE OPERATION, MAINTENANCE AND CONSTRUCTION IMPROVEMENT FUND OF
COLDWATER CREEK TO BE USED FOR PROJECT COSTS FOR THE CONSTRUCTION OF
STORM SEWERS IN ARGYLE #8800 STORM SEWER (10283), IN THE CITY OF OVERLAND,
MISSOURI; AND AUTHORIZING THE EXECUTIVE DIRECTOR AND SECRETARY-
TREASURER ON BEHALF OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT TO
ENTER INTO A CONTRACT WITH XL CONTRACTING, INC. FOR THE AFORESAID STORM
SEWER CONSTRUCTION.
Proposed Ord. No. 13401 was presented and read. The work to be done under
Contract #10742 consists of the construction of approximately 2,080 lineal feet of pipe sewers
varying in size from 12-inches to 54-inches in diameter and appurtenances. The purpose of this
project is to alleviate basement, yard, and street flooding. This project is scheduled to be
completed in 534 days.
Motion made by Mr. Berry, seconded by Mr. Buford that proposed Ord. No. 13401
be introduced.
Motion passed – 6 ayes, no nays
Poll taken: J. Goffstein aye E. Ross aye
A. Mandel aye R. Berry aye
J. Buford aye M. Yates aye
INTRODUCTION OF PROPOSED ORD. NO. 13402 REPEALING AND SUPERSEDING
ORDINANCE NO. 13021 ADOPTED JANUARY 14, 2010, AND ENACTING A NEW
ORDINANCE IN LIEU THEREOF ESTABLISHING A NEW SECTION TEN, REMEDIES, AND A
NEW APPENDIX 1 PERTAINING TO NEW WASTEWATER USER CHARGES PENDING THE
OUTCOME OF THE JUNE 5, 2012 SPECIAL ELECTION OF PROPOSITION Y.
Proposed Ord. No. 13402 was presented and read. This ordinance enacts new
wastewater user charge rate schedule as recommended by the Rate Commission to support
wastewater capital improvement, operational and maintenance requirements for fiscal years
2012/2013 through 2015/2016 based upon the outcome of the June 5, 2012 election. In
addition, it enacts revised language in Section 10 pertaining to collection remedies to allow all
charges, including late fees and attorney fees, accrued and accruing on the account to be
collected.
Motion by Mr. Ross seconded by Mr. Goffstein that proposed Ord. No. 13402 be
introduced.
Motion passed – 6 ayes, no nays
Poll taken: J. Goffstein aye J. Buford aye
A. Mandel aye R. Berry aye
E. Ross aye M. Yates aye
INTRODUCTION OF PROPOSED ORD. NO. 13403 REPEALING AND SUPERSEDING
ORDINANCE NO. 13273 ADOPTED JUNE 9, 2011, AND MAKING APPROPRIATIONS FOR THE
CURRENT EXPENSES OF THE DISTRICT IN THE GENERAL FUND, THE WATER BACKUP
INSURANCE & REIMBURSEMENT FUND, THE SANITARY REPLACEMENT FUND, THE
STORMWATER OPERATIONS, MAINTENANCE AND CONSTRUCTION IMPROVEMENT FUNDS,
THE EMERGENCY FUNDS, THE DEBT SERVICE FUNDS, AND THE WASTEWATER REVENUE
BOND SERVICE FUNDS FOR THE FISCAL YEAR BEGINNING JULY 1, 2012 AND ENDING JUNE 30,
2013, AMOUNTING IN THE AGGREGATE COMMITMENT OF $223,503,459 TO PAY INTEREST
FALLING DUE ON BONDS ISSUED, THE COSTS OF SUPPORT, OPERATION, AND MAINTENANCE
OF THE DISTRICT AND ITS VARIOUS SUBDISTRICTS, AND EMERGENCIES IN ACCORDANCE
WITH THE REQUIREMENTS OF THIS PROPOSED ORDINANCE INTRODUCED MAY 10, 2012.
Proposed Ord. No. 13403 was presented and read. This ordinance authorizes the
District to expend funds during FY 2013 for wastewater and stormwater operations of the
District.
Motion made by Mr. Buford, seconded by Mr. Yates that proposed Ord. No. 13403
be introduced.
Motion passed – 6 ayes, no nays
Poll taken: J. Goffstein aye E. Ross aye
A. Mandel aye R. Berry aye
J. Buford aye M. Yates aye
INTRODUCTION OF PROPOSED ORD. NO. 13404 REPEALING ORDINANCE NO. 13316,
ADOPTED SEPTEMBER 28, 2011, AND ENACTING A NEW ORDINANCE IN LIEU THEREOF,
DETERMINING THE AMOUNT OF TAXES WHICH SHALL BE LEVIED, ASSESSED, AND
COLLECTED IN THE YEAR 2012 ON ALL TAXABLE TANGIBLE PROPERTY IN THE
DISTRICT WITHIN THE CORPORATE LIMITS OF THE CITY OF ST. LOUIS AND ST. LOUIS
COUNTY, RESPECTIVELY, AND IN SUBDISTRICTS WITHIN THE CORPORATE LIMITS OF
ST. LOUIS COUNTY AS FOLLOWS: COLDWATER CREEK TRUNK SUBDISTRICT, GRAVOIS
CREEK TRUNK SUBDISTRICT, MALINE CREEK TRUNK SUBDISTRICT, WATKINS CREEK
TRUNK SUBDISTRICT, SUBDISTRICT NO. 88 (FOUNTAIN CREEK), SUBDISTRICT NO. 89
(LORETTA-JOPLIN), SUBDISTRICT NO. 342 (CLAYTON-CENTRAL), SUBDISTRICT NO. 366
(UNIVERSITY CITY BRANCH OF RIVER DES PERES STORMWATER SUBDISTRICT),
SUBDISTRICT NO. 367 (DEER CREEK STORMWATER SUBDISTRICT), SUBDISTRICT NO.
369 (SUGAR CREEK), SUBDISTRICT NO. 448 (MISSOURI RIVER - BONFILS),
SUBDISTRICT NO. 449 (MERAMEC RIVER BASIN - M.S.D. SOUTHWEST), SUBDISTRICT
NO. 453 (SHREWSBURY BRANCH OF RIVER DES PERES), SUBDISTRICT NO. 454
(SEMINARY BRANCH OF RIVER DES PERES), SUBDISTRICT NO. 455 (BLACK CREEK),
SUBDISTRICT NO. 1 OF THE RIVER DES PERES WATERSHED (CREVE COEUR-
FRONTENAC AREA), SUBDISTRICT NO. 4 OF THE RIVER DES PERES WATERSHED
(NORTH AFFTON AREA) AND SUBDISTRICT NO. 7 OF THE RIVER DES PERES
WATERSHED (WELLSTON AREA); AND THE BOARD OF TRUSTEES, IN ACCORDANCE
WITH CHARTER SECTION 7.310 AUTHORIZES THE DIRECTOR OF FINANCE TO CERTIFY
AS TO THE AMOUNT OF TAXES WHICH SHALL BE LEVIED, ASSESSED AND COLLECTED
FOR THE AFOREMENTIONED SUBDISTRICTS WITH AN EMERGENCY CLAUSE.
Proposed Ord. No. 13404 was presented and read. The action determines the
amount of taxes which shall be levied, assessed and collected in the year 2012 on all taxable
tangible property in the District within the corporate limits of the City of St. Louis and St. County,
respectively, and in its Various Subdistricts. See attached for detail.
Motion by Mr. Goffstein, seconded by Mr. Ross that proposed Ord. No. 13404 be
introduced.
Motion passed – 6 ayes, no nays
Poll taken: J. Goffstein aye J. Buford aye
E. Ross aye A. Mandel aye
R. Berry aye M. Yates aye
INTRODUCTION OF PROPOSED ORD. NO. 13405 AUTHORIZING THE EXECUTIVE
DIRECTOR AND SECRETARY-TREASURER ON BEHALF OF THE METROPOLITAN ST. LOUIS
SEWER DISTRICT TO ENTER INTO A CONTRACT WITH BANK OF AMERICA N.A. FOR BANKING
AND SAFEKEEPING SERVICES FOR THE DISTRICT.
Proposed Ord. No. 13405 was presented and read. This ordinance is needed to
authorize a new contract with Bank of America. The new contract will be a one year contract
with four one year options, not to exceed five years.
Motion made by Mr. Berry, seconded by Mr. Buford that proposed Ord. No. 13405
be introduced.
Motion passed – 6 ayes, no nays
Poll taken: J. Goffstein aye E. Ross aye
A. Mandel aye R. Berry aye
J. Buford aye M. Yates aye
INTRODUCTION OF PROPOSED ORD. NO. 13406 AUTHORIZING AND DIRECTING THE
EXECUTIVE DIRECTOR AND SECRETARY-TREASURER ON BEHALF OF THE
METROPOLITAN ST. LOUIS SEWER DISTRICT TO LEASE CERTAIN REAL PROPERTY OF
THE METROPOLITAN ST. LOUIS SEWER DISTRICT, LYING IN THE CITY OF ST. LOUIS,
MISSOURI, TO BOXES, INC. FOR USE AS A PARKING LOT AND TO EXECUTE AND
DELIVER A LEASE AGREEMENT UPON THE CONDITIONS HEREINAFTER SET OUT.
Proposed Ord. No. 13406 was presented and read. This Ordinance authorizes the
District to enter into a lease agreement with Boxes Inc. for a term of five (5) years with one, five-
year renewal option. Boxes Inc. uses the property as a parking lot, and has leased the property
from the District since 1997. The prior lease expired and by its terms could not simply be
renewed, so a new lease is necessary. Terms are identical to prior lease except insurance limits
increased to District’s current requirements. Boxes Inc. will pay the District monthly rent at a rate
of $150.00 per month.
Motion by Mr. Buford, seconded by Mr. Yates that proposed Ord. No. 13406 be
introduced.
Motion passed – 6 ayes, no nays
Poll taken: J. Goffstein aye J. Buford aye
E. Ross aye A. Mandel aye
R. Berry aye M. Yates aye
INTRODUCTION OF PROPOSED ORD. NO. 13407 AUTHORIZING THE EXECUTIVE
DIRECTOR AND SECRETARY-TREASURER TO LEASE CERTAIN REAL PROPERTY OF THE
METROPOLITAN ST. LOUIS SEWER DISTRICT, LYING IN ST. LOUIS COUNTY, MISSOURI, TO
KADIMA PROPERTIES, LLC, AND TO EXECUTE A LEASE AGREEMENT UPON THE
CONDITIONS HEREINAFTER SET OUT.
Proposed Ord. No. 13407 was presented and read. This ordinance authorizes the
District to enter into a lease with Kadima Properties LLC for an initial term of three (3) years with
additional one-year renewal options. Kadima will pay the District monthly rent at a rate of
$325.00 per month (same rate as prior tenant Pro-Am South). The District has leased this same
property as a driving range consecutively since the 1970s.
Motion made by Mr. Buford, seconded by Mr. Yates that proposed Ord. No. 13407
be introduced.
Motion passed – 6 ayes, no nays
Poll taken: J. Goffstein aye E. Ross aye
A. Mandel aye R. Berry aye
J. Buford aye M. Yates aye
INTRODUCTION OF PROPOSED ORD. NO. 13408 AWARDING A CONTRACT TO F.M.
GLOBALINSURANCE COMPANY (MCGRIFF, SEIBELS & WILLIAMS, OF MISSOURI INC.,
AGENT) FOR THE DISTRICT’S PRIMARY PROPERTY, BOILER AND MACHINERY
INSURANCE COVERAGE FROM JULY 1, 2012 TO JUNE 30, 2013.
Proposed Ord. No. 13408 was presented and read. This insurance provides
replacement cost coverage for real and personal property in excess of the deductible and
subject to policy limits. This ordinance will authorize the District to enter into a contract with FM
Global Insurance Company from July 1, 2012 to June 30, 2013.
Motion by Mr. Yates, seconded by Mr. Buford that proposed Ord. No. 13408 be
introduced.
Motion passed – 6 ayes, no nays
Poll taken: J. Goffstein aye J. Buford aye
E. Ross aye A. Mandel aye
R. Berry aye M. Yates aye
INTRODUCTION OF PROPOSED ORD. NO. 13409 AWARDING A CONTRACT TO F.M.
GLOBALINSURANCE COMPANY (MCGRIFF, SEIBELS & WILLIAMS, OF MISSOURI INC., AGENT)
FOR THE DISTRICT’S EXCESS FLOOD & EARTH MOVEMENT INSURANCE COVERAGE FROM
JULY 1, 2012 TO JUNE 30, 2013.
Proposed Ord. No. 13409 was presented and read. This insurance provides
$30,000,000 replacement cost coverage for flood for real and personal property in excess of the
policy limits provided under the NFIP through FEMA. The insurance provides $50,000,000
replacement cost coverage for real and personal property for earth movement. This ordinance
will authorize the District to enter into a contract with FM Global Insurance Company from July
1, 2012 to June 30, 2013.
Motion made by Mr. Yates, seconded by Mr. Buford that proposed Ord. No. 13409
be introduced.
Motion passed – 6 ayes, no nays
Poll taken: J. Goffstein aye E. Ross aye
A. Mandel aye R. Berry aye
J. Buford aye M. Yates aye
INTRODUCTION OF PROPOSED ORD. NO. 13410 AUTHORIZING THE EXECUTIVE
DIRECTOR AND SECRETARY-TREASURER ON BEHALF OF THE METROPOLITAN ST.
LOUIS SEWER DISTRICT TO EXECUTE ALL DOCUMENTS NECESSARY IN ORDER TO
PROCURE FLOOD INSURANCE FROM THE NATIONAL FLOOD INSURANCE PROGRAM
(FEDERAL EMERGENCY MANAGEMENT AGENCY) DURING THE PERIOD OF JULY 1, 2012
TO JUNE 30, 2013, FOR THE BUILDINGS AND CONTENTS AT CERTAIN SPECIFIED
DISTRICT LOCATIONS.
Proposed Ord. No. 13410 was presented and read. This insurance provides
actual cash value coverage for real and personal property in excess of the deductible, and
subject to policy limits. This ordinance will authorize the District to enter into a contract with
National Flood Insurance Program (FEMA and Selective Insurance Company) from July 1, 2012
to June 30, 2013.
Motion by Mr. Yates, seconded by Mr. Buford that proposed Ord. No. 13410 be
introduced.
Motion passed – 6 ayes, no nays
Poll taken: J. Goffstein aye J. Buford aye
E. Ross aye A. Mandel aye
R. Berry aye M. Yates aye
INTRODUCTION OF PROPOSED ORD. NO. 13411 AWARDING A CONTRACT TO MIDWEST
EMPLOYERS CASUALTY COMPANY (MCGRIFF, SEIBELS & WILLIAMS, OF MISSOURI INC.,
AGENT) FOR THE DISTRICT’S EXCESS WORKERS’ COMPENSATION INSURANCE COVERAGE
FROM JULY 1, 2012 TO JUNE 30, 2013.
Proposed Ord. No. 13411 was presented and read. This insurance coverage
indemnifies MSD against loss claim expense in excess of the retention level as a result of
Workers’ Compensation of Employers Liability, subject to policy limits. This ordinance will
authorize the District to enter into a contract with Midwest Employers Casualty Company from
July 1, 2012 to June 30, 2013.
Motion made by Mr. Yates, seconded by Mr. Buford that proposed Ord. No. 13411
be introduced.
Motion passed – 6 ayes, no nays
Poll taken: J. Goffstein aye E. Ross aye
A. Mandel aye R. Berry aye
J. Buford aye M. Yates aye
INTRODUCTION OF PROPOSED ORD. NO. 13412 AWARDING A CONTRACT TO FEDERAL
(CHUBB) INSURANCE COMPANY (MCGRIFF, SEIBELS & WILLIAMS, OF MISSOURI INC.,
AGENT) FOR THE DISTRICT’S FIDUCIARY LIABILITY INSURANCE FROM JULY 1, 2012,
JUNE 30, 2013.
Proposed Ord. No. 13412 was presented and read. This insurance coverage
pays, on behalf of MSD, all sums in excess of the deductible, that the District becomes legally
obligated to pay as a result of Breach of Fiduciary Duty, subject to policy limits. This ordinance
will authorize the District to enter into a contract with Federal (Chubb) Insurance Company from
July 1, 2012 to June 30, 2013.
Motion by Mr. Yates, seconded by Mr. Buford that proposed Ord. No. 13412 be
introduced.
Motion passed – 6 ayes, no nays
Poll taken: J. Goffstein aye J. Buford aye
E. Ross aye A. Mandel aye
R. Berry aye M. Yates aye
INTRODUCTION OF PROPOSED ORD. NO. 13413 AWARDING A CONTRACT TO FEDERAL
(CHUBB) INSURANCE COMPANY (MCGRIFF, SEIBELS & WILLIAMS, OF MISSOURI INC., AGENT)
FOR THE DISTRICT’S COMMERCIAL CRIME INSURANCE COVERAGE FROM JULY 1, 2012
TO JUNE 30, 2013.
Proposed Ord. No. 13413 was presented and read. This insurance coverage
indemnifies MSD against loss and claim expense in excess of the deductible level as a result of
a Commercial Crime event, subject to policy limits. This ordinance will authorize the District to
enter into a contract with Federal (Chubb) Insurance Company from July 1, 2012 to June 30,
2013.
Motion made by Mr. Yates, seconded by Mr. Buford that proposed Ord. No. 13413
be introduced.
Motion passed – 6 ayes, no nays
Poll taken: J. Goffstein aye E. Ross aye
A. Mandel aye R. Berry aye
J. Buford aye M. Yates aye
INTRODUCTION OF PROPOSED ORD. NO. 13414 AWARDING A CONTRACT TO
MISSOURI UNDERGROUND STORAGE TANK INSURANCE FUND FOR THE DISTRICT’S
UNDERGROUND STORAGE TANK INSURANCE COVERAGE FROM JULY 1, 2012, JUNE
30, 2013.
Proposed Ord. No. 13414 was presented and read. This ordinance will authorize
the District to enter into a contract with Missouri Underground Storage Tank Fund from July 1,
2012 to June 30, 2013.
Motion by Mr. Yates, seconded by Mr. Buford that proposed Ord. No. 13414 be
introduced.
Motion passed – 6 ayes, no nays
Poll taken: J. Goffstein aye J. Buford aye
E. Ross aye A. Mandel aye
R. Berry aye M. Yates aye
INTRODUCTION OF PROPOSED ORD. NO. 13415 AWARDING A CONTRACT TO ZURICH
(STEADFAST) INSURANCE COMPANY (MCGRIFF, SEIBELS & WILLIAMS, OF MISSOURI
INC., AGENTS) FOR THE DISTRICT’S MAJOR FACILITY POLLUTION LIABILITY
INSURANCE FROM JULY 1, 2012 TO JUNE 30, 2013.
Proposed Ord. No. 13415 was presented and read. This ordinance will authorize
the District to enter into a contract with Zurich (Steadfast) Insurance Company
from July 1, 2012 to June 30, 2013 for the District’s Facility Pollution Liability coverage. This
policy provides $10 million of coverage above a $500,000 self-insured retention for pollution
environmental claims.
Motion made by Mr. Yates, seconded by Mr. Buford that proposed Ord. No. 13415 be
introduced.
Motion passed – 6 ayes, no nays
Poll taken: J. Goffstein aye E. Ross aye
A. Mandel aye R. Berry aye
J. Buford aye M. Yates aye
INTRODUCTION OF PROPOSED ORD. NO. 13416 AWARDING A CONTRACT TO ZURICH
(STEADFAST) INSURANCE COMPANY (MCGRIFF, SEIBELS & WILLIAMS OF MISSOURI,
INC., AGENT) FOR THE DISTRICT'S BLOCKED MAIN AND OVERCHARGED SEWER LINE
BACKUP INSURANCE COVERAGE FROM JULY 1, 2012 TO JUNE 30, 2013.
Proposed Ord. No. 13416 was presented and read. Since 1995, MSD has
sponsored an insurance program that compensates customers for damage arising from sewer
backups that were caused by blocked sewer mains. This ordinance will authorize the District to
enter into a contract with Zurich (Steadfast) Insurance Company from July 1, 2012 to June 30,
2013. The policy provides $10,000,000 of coverage above a deductible of $8,500,000.
Motion by Mr. Yates, seconded by Mr. Buford that proposed Ord. No. 13416 be
introduced.
Motion passed – 6 ayes, no nays
Poll taken: J. Goffstein aye J. Buford aye
E. Ross aye A. Mandel aye
R. Berry aye M. Yates aye
INTRODUCTION OF PROPOSED ORD. NO. 13417 AWARDING A CONTRACT TO
TRAVELERS INSURANCE COMPANIES (MCGRIFF, SEIBELS & WILLIAMS OF MISSOURI,
INC., AGENT) FOR THE DISTRICT’S AUTO LIABILITY INSURANCE PROGRAM COVERAGE
FROM JULY 1, 2012 TO JUNE 30, 2013.
Proposed Ord. No. 13417 was presented and read. This insurance provides
coverage for liability claims and defense costs. This ordinance will authorize the District to enter
into a contract with Travelers Insurance Company from July 1, 2012 to June 30, 2013. The
policy provides $2,000,000 of auto liability coverage above a $100,000 deductible and auto
physical damage above a $3,000 deductible.
Motion made by Mr. Yates, seconded by Mr. Buford that proposed Ord. No. 13417 be
introduced.
Motion passed – 6 ayes, no nays
Poll taken: J. Goffstein aye E. Ross aye
A. Mandel aye R. Berry aye
J. Buford aye M. Yates aye
INTRODUCTION OF PROPOSED ORD. NO. 13418 AWARDING A CONTRACT TO RLI
INSURANCE COMPANY (MCGRIFF, SEIBELS & WILLIAMS, OF MISSOURI INC., AGENT)
FOR THE DISTRICT’S CONTRACTORS EQUIPMENT (INLAND MARINE) INSURANCE
PROGRAM FROM JULY 1, 2012 TO JUNE 30, 2013.
Proposed Ord. No. 13418 was presented and read. This insurance provides
coverage for loss of and /or damage to listed equipment. This ordinance will authorize the
District to enter into a contract with RLI Insurance Company from July 1, 2012 to June 30, 2013.
The policy provides $250,000 of loss and damage coverage per piece of equipment above a
$5,000 deductible per piece of equipment (unlicensed vehicles and equipment) listed on the
policy. The District will cover $5,327,428 of equipment under this policy, which is the policy
limit. Equipment is excluded under the auto physical damage policy and is subject to a
$100,000 deductible under the property policy if located on District property.
Motion by Mr. Yates, seconded by Mr. Buford that proposed Ord. No. 13418 be
introduced.
Motion passed – 6 ayes, no nays
Poll taken: J. Goffstein aye J. Buford aye
E. Ross aye A. Mandel aye
R. Berry aye M. Yates aye
Resolutions
ADOPTION OF RESOLUTION NO. 3028 WHEREAS ORDINANCE NO. 13093, ADOPTED
JUNE 10, 2010, AUTHORIZED THE EXECUTIVE DIRECTOR AND SECRETARY-
TREASURER ON BEHALF OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT TO
ENTER INTO A CONTRACT WITH CORPORATE CLAIMS MANAGEMENT, INC. (CCMI)
WHEREBY CORPORATE CLAIMS MANAGEMENT, INC. (CCMI) WILL PROVIDE THIRD
PARTY ADMINISTRATIVE SERVICES FOR THE DISTRICT’S WATER BACK-UP, WORKERS’
COMPENSATION, GENERAL LIABILITY, AUTO, ERRORS AND OMISSIONS CLAIMS AND
ANY OTHER CLAIM AGAINST THE DISTRICT, BOARD OF TRUSTEES, CIVIL SERVICE
COMMISSION, RATE COMMISSION OR DISTRICT STAFF AS MAY BE ASSIGNED BY THE
OFFICE OF RISK MANAGEMENT.
Resolution No. 3028 was presented and read.
ADOPTION OF RESOLUTION NO. 3029 WHEREAS UNDER PROVISIONS OF ORDINANCE
NO. 12010, SECTION TWO ADOPTED ON JUNE 9, 2005, THE LIST OF APPROVED
DEPOSITARY BANKS MAY BE MODIFIED FROM TIME TO TIME BY RESOLUTION OF THE
BOARD OF TRUSTEES OF THE DISTRICT.
Resolution No. 3029 was presented and read.
ADOPTION OF RESOLUTION NO. 3030 WHEREAS THIS RESOLUTION WILL SUPERSEDE
RESOLUTION NO. 2749 THAT WAS ADOPTED ON NOVEMBER 8, 2007 AND REVISES THE
EMPLOYEES’ PENSION PLAN ACTUARIAL RETURN TARGET AND ASSET ALLOCATION
MIX, RESOLUTION 2563 THAT WAS ADOPTED ON JUNE 10, 2004 AND ESTABLISHES THE
EMPLOYEES’ PENSION PLAN ASSET ALLOCATION MIX, RESOLUTION NO. 2193 THAT
WAS ADOPTED ON AUGUST 10, 1995 AND DOCUMENTS THE PROXY VOTING POLICY
FOR THE INVESTMENT MANAGERS SERVING THE EMPLOYEES’ PENSION PLAN, AND
RESOLUTION NO. 2177 THAT WAS ADOPTED ON APRIL 20, 1995 AND DOCUMENTS THE
BROKERAGE GUIDELINES FOR THE INVESTMENT MANAGERS SERVING THE
EMPLOYEES’ PENSION PLAN.
Resolution No. 3030 was presented and read.
ADOPTION OF RESOLUTION NO. 3024 EXPRESSING THE BOARD OF TRUSTEES’
APPRECIATION TO EDWARD A. GABRISCH FOR HIS 35 YEARS OF EXEMPLARY
SERVICE TO THE METROPOLITAN ST. LOUIS SEWER DISTRICT FROM MARCH 14, 1977,
TO HIS RETIREMENT EFFECTIVE MAY1, 2012.
Resolution No. 3024 was presented and read.
ADOPTION OF RESOLUTION NO. 3025 EXPRESSING THE BOARD OF TRUSTEES’
APPRECIATION TO ALVIN HENDERSON FOR HIS 31 YEARS OF EXEMPLARY SERVICE
TO THE METROPOLITAN ST. LOUIS SEWER DISTRICT FROM NOVEMBER 3, 1980, TO HIS
RETIREMENT EFFECTIVE MAY1, 2012.
Resolution No. 3025 was presented and read.
ADOPTION OF RESOLUTION NO. 3026 EXPRESSING THE BOARD OF TRUSTEES’
APPRECIATION TO MARK WATERS FOR HIS 25 YEARS OF EXEMPLARY SERVICE TO
THE METROPOLITAN ST. LOUIS SEWER DISTRICT FROM DECEMBER 1, 1986, TO HIS
RETIREMENT EFFECTIVE MAY1, 2012.
Resolution No. 3026 as presented and read.
ADOPTION OF RESOLUTION NO. 3027 DAVID VISINTAINER SERVED ON THE BOARD OF
TRUSTEES OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT FROM MAY 1, 2009 TO
APRIL 12, 2012, HAVING HELD THE POSITION OF CHAIRMAN OF THE PROGRAM
MANAGEMENT COMMITTEE FROM MAY 2009 THROUGH APRIL 2012.
Resolution No. 3027 as presented and read.
Motion made by Mr. Buford, seconded by Mr. Yates that Resolution Nos. 3024,
3025, 3026, 3027, 3028, 3029 and 3030 be adopted.
Motion passed – voice vote, all ayes
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Upon motion made Mr. Buford, seconded by Mr. Yates, and unanimously passed,
the meeting adjourned at 5:53 p.m.
Secretary-Treasurer