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HomeMy Public PortalAbout1529th Board Journal 3-14-2013 JOURNAL OF THE (1529th) MEETING OF THE BOARD OF TRUSTEES THE METROPOLITAN ST. LOUIS SEWER DISTRICT March 14, 2013 – 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. C. Sprague, Interim Executive Director J. H. Buford, Vice Chair S. M. Myers, General Counsel J. H. Goffstein B. A. Schaefer, Secretary-Treasurer E. G. Ross J. M. Zimmerman, Director of Finance M. E. Yates B. L. Hoelscher, Director of Engineering A. K. Mandel (via phone) B. A. Berthold, Interim Director of Operations Also present were Tom Sullivan, 35 N. Central; Ed Sweet, Parsons; Mark Eshelman, M3 Engineering; Chad Janson, RJN; John Choinka, HR Green; Sean Devoy, URS; Brad Noble, Imco Utility Supply; Yvette Goods, MOWIT; Stephen Gregali, City of St. Louis; Steve Lewis, AGC; Susan Sneed, MCU; Ed Alizadeh, Geotechnology; David Rosenberg, Insituform; George John, EDSI; Sharon Sitler, MOWIT; John Killips, Tetra Tech; Anthony Gonzalez-Angel, Gonzalez Companies; Edward Laux, RJN; Daniel Wilson, KDG; Karlos Ramirez, HCC; Richard Creaden, MCU; Giovia Lloyd, Call Newspapers; Granville White, Kwame; Elizabeth Barton, MOWIT; Duane Burrell, Sabur; Shannon Ryan, IDCS; Bob Polk, ACEC; Rob Kuenzel, Losli Engineering; Jim Sahaida, MCU; Rebecca Rivas, St. Louis American; Lisa Douglas, RJN; Alonda Gwynn; John Weiland, CDM Smith; Tom Ratzki, Black & Veatch; Don Willey, Laborers; Ronny Griffin, Laborers Local 110; William Ray, St. Louis County; Michael Murphy, SEIU 1; Vicki LaRose, CDI; Darrell Ellers, EFK Moen; Rebecca Losli, Losli Engineering; Terry Briggs, SITE; Doug Hickey, HDR; Bob Volz, Volz, Inc.; Jim Dunajcik, GBA; Todd Aschbacher, MSD; Earl Jackson, MSD; Shonnah Paredes, MSD; Mike Grace, MSD; Theresa Bellville, Asst. Director of Finance; Betsy Schubert, MSD; Ed Travis, Asst. Director of Human Resources; Rich Unverferth, Asst. Director of Engineering; Vicki Taylor-Edwards, Director of Human Resources; Barb Mohn, Director of Information Systems; Lance LeComb, Manager of Public Information; Debbie Johnson, Public Information Representative; and Pam Bell, Secretary to the Executive Director. - - - - Mr. Berry opened the meeting pursuant to notice and call. - - - - Motion made by Mr. Ross, seconded by Mr. Buford, that the Board go into closed session to discuss legal, confidential or privileged matters under §610.021(1), RSMO 1988 SUPP.; personnel actions under §610.021(3). Motion passed – 5 ayes, no nays Poll taken: J. Goffstein aye R. Berry aye J. Yates aye J. Buford aye E. Ross aye During closed session staff updated the Board on the legal strategy related to the confidential or privileged matters pursuant to §610.021(1), RSMO 1988 SUPP.; personnel actions under §610.021(3). - - - - Upon motion made by Mr. Buford, seconded by Mr. Yates, the Journal of the February 14, 2013 meeting was approved by unanimous voice vote. - - - - The Chair commented that you may have noticed item #40 on tonight’s agenda which is an election of officers of the MSD Board of Trustees. It is board policy that elections of board officers occur at the March Board meeting every-other year or sooner if necessary and that the chair will rotate every two years between a someone representing the county and the city. So, my term as Board chair ends tonight with the election of a new board chair that who is a representative of the City of St. Louis. So, although I may stay on the board for another three years, I have a few things to say in regards to my 2-year term as chair. First, I would like to say thank you to each of the board members who I have worked with during the last five years. I have never heard another board member ask what was best for the City or the County, but always what is the right thing to do for the people of our service area as a whole. Our current trustees have the highest of integrity and commitment and I thank them for their cooperation in serving our ratepayers and the whole of the St Louis metro area. In particular, I would like to personally thank Trustee John Goffstein who is serving tonight at his last official board meeting. John’s second term as an MSD Trustee expires after tonight’s board meeting. Although John will likely continue to serve until Mayor Slay appoints a new trustee, that could conceivably happen before the next board meeting and, so this could be John’s last meeting and I would like to publicly thank John for his 8 years of dedicated service to the ratepayers of MSD. In his first term, John served on several committees and as a committee chair. Then, he served for two years as board vice chair and then as chairman of the board for two years. When he completed his two years as chairman, he didn’t retire to the peanut gallery, instead I challenged John to serve as chair of one of our most important committees – stakeholders. During the last two years the stakeholders committee has been very busy on a number of fronts, including oversight of our charter commission changes, which passed our charter change election by an unbelievable 85%. Also, the stakeholder’s committee has been wrestling for two years with important changes to our MWBE policy and the commissioning of the important Disparity Study which has been recently concluded. With John’s leadership, we now have a completed study and a board resolution that we will consider tonight as item #30. This controversial resolution will have major, far-reaching impacts to the extended inclusivity of this agency as we embark on our huge construction program over the next 20 years. So, John, we will miss your leadership and your commitment and your integrity, as well as your frequent advise and insight regarding the law. I personally will miss the help that you gave me when I first came on the board and your help when I took over from you as chair. Instead of all of the hours you have been spending working on MSD affairs, I hope that you find something fun to do. Also, tonight, we potentially say good-bye to Trustee Eddie Ross. Trustee Ross’s 4-year term as a county appointee has come to an end and for personal reasons, Eddie has informed County Executive Dooley that he does not wish to be reappointed. He, too, may be serving as a trustee at his last board meeting, pending appointment of his replacement by County Executive Dooley. Trustee Ross has served with integrity and has always worked hard to do the “right thing” for the ratepayers of MSD, regardless of some challenges from time to time. He served with me on the Program Management committee and then as chair of the Audit Committee and then, for the last two years, as chair of the Program Management Committee, that has oversight of around $200 million of capital improvements each year. Eddie has been ever-present at trustee meetings and attentive to the issues. I would like to publicly thank him tonight for his cooperation and for his stance on the side of good government and for the people that he has served. I will miss his dedicated participation, his wisdom and his great sense of humor. I would also like to bring the audience up to date tonight regarding the search for an executive director. As you all know, our past executive director, Jeff Theerman’s, last day was January 11th. After Jeff resigned in December, the Board of Trustees decided to do a national search for his replacement. A national search was conducted with very specific and narrow requirements for the position as mandated by our charter. 33 applications for the position were received from all over the country, including applicants from the St. Louis area and from MSD internally. Last week, members of the board of trustees that served as the search committee interviewed the top four candidates and unanimously selected one to become MSD’s next executive director. Tonight, in our closed session, completed only a few minutes ago, the board discussed the candidates, the selection process and the recommendations by the search committee. At tonight’s closed session the full board of trustees has unanimously reached a consensus. Sometime during the next 48 hours, the new board chair will inform the top four candidates of the results of the search and will offer a package to the selected c andidate, pending approval at a future board meeting. Assuming the selected candidate agrees to the package, we will schedule a special board meeting, hopefully before the end of this month, to discuss and act on the agreed-to package. Once the Board has passed an ordinance on the selection and package, the new executive director will take the reins as quickly as possible. So, in a few days, we will have a new board chair, a new board vice chair, and a new executive director following a new Secretary-Treasurer that was also recently hired by the board. And, in a few weeks, two new trustees. These major changes in positions come after an action-packed last two years. With the endorsement of the people, we made important changes to our charter and passed a breath-taking $1 billion dollar bond issue to fund the next few years of projects. We negotiated and then executed the federal Consent Decree on behalf of the people of St. Louis and have begun the daunting task of complying with this huge program valued at over $4.7 billion dollars over the next 23 years. We have taken on the challenging task of up-dating our minority and women-owned business program to encourage more inclusivity on MSD projects and for participation on MSD projects commiserate with the race and gender of the people paying for them. The board has had and met many other challenges with integrity, honesty and sincerity, keeping paramount the welfare of the people of St Louis that we serve. During the next few days, the new Board chair and the new Executive Director will take over with many challenges before them. I know that both the new chair and the new executive director will have the cooperation of the people in this room. I know that they will have a fantastic, dedicated and highly professional staff as well as a public that continues to want the best in water quality, as well as a clean environment in general in which to work and play and live for ourselves and for our children. I would like to thank each of you for attending these meeting, for showing your interest in MSD and for helping to guide us as we continue to make important decisions before us. - - - - Mr. Ross reported that the Program Management Committee met on March 5, 2013 at 7:30 a.m. The meeting was attended by Trustees Ross, Berry, Mandel, and Buford. The minutes of the February 5, 2013 meeting were approved. The agenda items to be introduced tonight were presented and discussed, including a detailed discussion regarding the following items: Item 24 – Lemay WWTP Outfall Elimination – This ordinance provides additional funds for a design contract. Additional design work is needed to cost-effectively meet the requirements of the current Disinfected Discharge requirement and the new Incinerator Emissions requirements. Staff explained how these two sets of regulations impacted this project. Item 29 – Topping Sanitary Relief – This ordinance provides for condemnation if needed on a small parcel of property. Staff responded to Committee questions regarding the condemnation process. Staff then provided information to the Committee on MSD’s Project Clear communications effort, participation in the Prescription Pill and Drug Disposal Program, the Hauled Waste Program, and responses to issues presented by AGC at the previous Finance Committee meeting. Finally, staff presented draft policies and procedures that could be used to address the recommendations contained in the Disparity Study regarding Engineering Consultant Selections. The actual policies and procedures to be used will require review and approval by the Executive Director sometime after a Board approved study is available. Some of the action items proposed in the policies and procedures include: 1. A 10% scoring credit for prime MWBE consultants. 2. A 10% scoring credit for a diverse consulting team workforce. 3. For contracts over $500,000, a plan to meet local office diversity workforce goals. 4. Tracking and reporting of participation by all team members. 5. A maximum prime contractor participation of 80% on all individual projects. 6. Publishing of the rating sheets before proposals are submitted. 7. Discussions with the consulting community on how to publish selection results. Staff will schedule a meeting with the consulting community at the end of March to discuss any final selection policies and procedures. The meeting was adjourned at 8:29 a.m. - - - - Mr. Buford reported that the Finance Committee met on March 12, 2013 with Trustee Buford in attendance. The minutes from the February 12, 2013 meeting were approved. Mrs. Zimmerman stated the District’s FY14 strategic operating plan and operating budget will be presented at a special Finance Committee meeting on March 27, 2013. The FY14 CIRP and District total revenues and expenses will be presented at the April 9, 2013 Finance Committee. The budget is scheduled for introduction at the May 9, 2013 Board Meeting with the Charter required budget public hearing held immediately after. The FY14 Budget is expected to be adopted at the June 13, 2013 Board Meeting. Mrs. Zimmerman presented the January 2013 Adjustment Review Committee report as required by ordinance. The Committee entered the report into the record. She also reported on the current financial condition of the District indicating it continues in a solid position. Mrs. Schaefer stated the Vanguard Investment and Financial Education meetings were very successful with over 50% employee attendance. There were several positive responses received from employees. The Committee went into closed session to discuss business under Section 610.021 (20) RSMo 1988 Supp. The Committee resumed open session, and the meeting closed with Ms. Kristen Finney-Cooke, from NEPC, reporting on the performance of the District’s pension investments through December 2012 with a preliminary look at the January 2013 performance. The meeting adjourned at 8:30 a.m. - - - - Mr. Goffstein reported that the Stakeholder Relations Committee met on March 7, 2013, at 8:00am. In attendance were Trustees Goffstein, Berry, Buford, Mandel and Yates. First, was a discussion by Mr. LeComb regarding the proposed partnerships with The Audubon Society's RiverVisions Program and St. Louis ArtWorks. MSD was a partner in the RiverVisions Program in 2012 and will participate in this program again in 2013. The partnership with St. Louis ArtWorks is new for the District. The partnerships offered by both organizations allow for outreach to junior high and high school students that will increase awareness and knowledge of our area's waterways and watersheds, as well as environmental issues involving rainwater runoff and its impact on the sewer system. Both programs target disadvantaged students who would not normally have access to this type of curriculum outside of the classroom. Mr. LeComb advised the committee that an additional update report would be presented later in the year regarding the activities of both partnerships. Mr. LeComb discussed an initiative to increase public awareness of floodplain management issues and the National Flood Insurance Program. The program titled "Know Your Zone" is a partnership between the District, FEMA and Emmis Communications to generate awareness of overland flooding, flood insurance options and to increase enrollment in the National Flood Insurance Program. Various media outlets will be utilized along with social media campaigns to generate awareness of the programs. The next item on the agenda was an update from Ms. Myers regarding the Intergovernmental Agreement ordinance. This ordinance amends the Mason Tillman contract with MSD to include scope of services for Mason Tillman to conduct a separate Disparity Study report for both the City and the County at their own expense. Mr. Sprague and Ms. Edwards provided information regarding the District's Disparity Study and MWBE Goals resolution. The resolution sets forth the contracting and workforce goals as defined by the Disparity Study, as well as recognizes the results of the Disparity Study, which were made public in the prior month's Board Meeting. The resolution will modify the interim goals adopted in March 2012, based on the results and recommendations of the Disparity Study. Questions from the public were then addressed by the Trustees. The committee moved to go into closed session to discuss legal, confidential or privileged matters under §610.021(1), RSMO 1988 SUPP. The meeting adjourned at 10:35 a.m. - - - - Mr. Sprague reported that the District Charter requires that the staff submit a draft balanced budget to the Board of Trustees by March 15th of each year. This budget is for fiscal year 2014 which starts on July 1st of this year. The draft budget has been provided to each Trustee and a limited number of copies are available to the public at tonight’s meeting. The draft budget will also be posted to the Districts website. This $469.8 million budget includes $188 million for District Operations, 223.8 million for Capital Projects, and $57.5 million for principal and interest payments for debt service. Item #30 on tonight’s agenda, is the resolution that follows up on the Board’s intentions to set new MWBE goals and incentives in line with the finding of the District’s Disparity Study. This resolution commits to give incentive to certain minority and women contractors in the selection process for professional services; raises goals for construction subcontracting and workforce; sets new workforce goals for professional services; and eliminates subcontracting goals for professional services. We will continue to work for an inclusion program that is consistent with the needs of the community and the legal requirements facing the District. It will be incumbent upon each of us to work to understand various viewpoints surrounding this issue and to develop workable solutions to the problems we face. Our goal is to develop a program that will benefit our region and all St. Louisans. MSD has a lot of great employees who do many wonderful things, and tonight I want to take a moment to recognize one in particular. I would like to congratulate MSD’s Director of Finance, Jan Zimmerman. The National Association of Professional Women (NAPW) named Jan their 2013 Woman of the Year for the Energy/Utility/Resource industry. The NAPW’s mission is to provide the most advanced forum for members to connect with like-minded professional women to develop innovative business and social relationships. There are about 400,000 members from 100 different industries. Jan is responsible for the Finance Department operations encompassing the billing, collections, purchasing, accounting, customer call center and budgeting functions. Prior to joining MSD in 2001, Jan worked in the public education finance industry and 10 years in the banking industry in similar roles. Congratulations, Jan! Item #33 on tonight’s agenda is the retirement of a long term employee Earl Jackson who has worked for MSD for the past 22 years. He has been a valuable member of the staff most recently handling sewer construction inspection on private development. Earl is here this evening to receive his Board resolution as recognition of his years of service. Bret Berthold, the Interim Director of Operations, will present the Quarterly Regulatory Report and a brief overview of our Consent Decree Dashboard. This presentation covered Plant Compliance, Emergency Response, Customer Service on time calls, and some Collection System metrics. Mr. Berthold stated, there is very good news to report for the 4th quarter, and 2012 calendar year regarding treatment plant performance. MSD had perfect compliance, no violations. This is the first time in MSD history that we had perfect compliance. Fenton TP and Meramec have both had perfect compliance for five years and earned the Platinum Award this year. Missouri River TP earned a six year compliance award. In the past several months, MO River TP has had a couple violations due to ongoing issues with waste from the Bridgeton Landfill. Mr. Berthold stated we are working diligently to correct that issue. MSD’s Emergency Response Rate (on time) goal is 90%. This goal was raised in 4th quarter 2010 from 85% to 90% and in the fourth quarter 2012, MSD reached 92%. This occurred due to a lot of hard work from our crews. Maintenance Related Building Backups continue to decline. This is due to hard work of the employees. For 4th quarter 2012, there were only 62. Maintenance Related Overflow (Dry Weather) has been reduced due to diligent. There was only one capacity related backup in the 4th quarter 2012. Total Construction Sanitary Overflow was down to 159 and we are continually working hard to remove. The goal was met for removal of 50 SSO’s per Consent Decree. Constructed Overflow Activations were 39 of our SSO’s for past quarter. Item 33 on tonight’s agenda is the retirement of a long-term employee Earl Jackson who has worked for MSD for the past 23 years. He has been a valuable member of the staff most recently handling sewer construction inspection on private development. Mr. Jackson is here this evening to receive his Board resolution as recognition of his years of service. - - - - Mr. Tom Sullivan addressed the Board and reported a sewer problem at Chamberlain and Kingsley since the report given earlier was about cleaning sewers. He stated this sewer issue has been a problem for over a year. He also asked about the Coldwater Sanitary Relief project on the agenda and inquired how the estimated cost of $3,000,000 was determined. Mr. Hoelscher confirmed it was an estimate, based on the land appraisal value and cost of clearing the site. Mr. Sullivan stated that he thought it should have been the other way around. Mr. Sullivan questioned if the Maximo Transportation Module had an exclusive arrangement since there was only one bid. Mr. Berry confirmed there is an exclusive arrangement. Mr. Sullivan then turned his comments to the process of hiring the new Executive Director. He felt that 33 applicants for the Executive Director position wasn’t very many and wanted to know where it was advertised. Mr. Berry stated he didn’t remember, but based on the District’s Charter this position must be a P.E. and there are other specific requirements which narrowed the field. - - - - Mr. Jim Sahaida, President of the Metropolitan Congregation United, addressed the Board and stated his group was part of the roundtable for the disparity study. They are requesting a meeting with the Board of Trustee’s Chairperson and the new Executive Director. They want to continue on as a partner in the development of a community benefits agreement with MSD to carry out the findings of the disparity study. - - - - Ms. Sharon Sibler, a carpenter with the Missouri Women Trades, addressed the Board and stated that there is a rule or law in St. Louis that permits contractors by hiring a minority woman to fulfill two goals with one person. She would like MSD to review and overrule this rule or law for jobs in the future as it doesn’t help any minority group. She also provided a personal experience to support this issue/request. Mr. Berry asked Mrs. Edwards speak with Ms. Sibler on this matter. - - - - Ms. Yvette Goods addressed the Board and thanked the District for its efforts in dealing with trades versus projects and the fact of only having projects to meet that goal. The trades, including electricians, carpenters and laborers, sometimes carry the numbers (goals) because they include more minorities than some of the other trades. This is a game changer in St. Louis. - - - - Mr. Steve Lewis, of Associated General Contractors, addressed the Board and requested that the adoption of the Disparity Study be tabled until the April Board meeting. The AGC would like time to fully understand how the study would be implemented. - - - - Ms. Mary White addressed the Board and stated that she rents space in North Oaks Plaza. She asked why she has to pay 75¢ for a duplicate sewer bill instead of having the bill sent directly to her. Ms. Zimmerman explained that a bill for a property was sent to the landlord. The landlord can instruct MSD to send a duplicate copy to the tenant and that the 75¢ charge is for processing. Ms. White stated that she has called customer service several times to get it straightened out and it still hasn’t been corrected. Ms. Zimmerman stated that MSD doesn’t send out single bills to tenants. The landlord is responsible for the original bill and we only send duplicates to tenants and suggested that Ms. White speak with her landlord. - - - - Mr. Karlos Ramirez, representing the Hispanic Chamber of Commerce, addressed the Board and tated the he sent a Letter of Concern to the Board of Trustees and staff of MSD from the Hispanic Chamber of Commerce, Asian American Chamber of Commerce, Associated General Contractors and Woman’s Construction Collation. The concerns are outlined in the letter and also would like the study to be tabled. Mr. Berry noted that the Board had received the letter. - - - - Mr. Don Wyllie, Business Manager of Laborers Local 110, addressed the Board and thanked them for the disparity study. He commented that the study said that the laborers represented 75% of MSD work. He stated that Mason Tillman claimed that they had spoken to union officials. Mr. Wyllie stated that he has not found a union official that has spoken with Mason Tillman. He expressed concerned about the apprenticeship program at 40%. He stated that all trades have goals, which are attainable. He commented that the contractors will not use apprentices but more minority journeymen and women. Mr. Hoelscher explained that if you use apprentices on the job, 40% need to be minorities or women, there is no requirement to use apprentices. Mr. Sprague provided more clarity and explained that it is not 40% of the total hours. - - - - CONSENT AGENDA ADOPTION OF PROPOSED ORD. NO. 13572 REPEALING ORDINANCE NO. 11479 ADOPTED MAY 22, 2003 AND ENACTING A NEW ORDINANCE IN LIEU THEREOF AND APPROPRIATING $65,000.00 FROM THE OPERATION, MAINTENANCE, CONSTRUCTION AND IMPROVEMENT FUND OF GRAVOIS CREEK TO PROVIDE FLOOD PROOFING PROTECTION IN EAST WATSON AND KATHY CT. STORM IMPROVEMENT (10588), IN THE CITIES OF SUNSET HILLS AND CRESTWOOD, MISSOURI. ADOPTION OF PROPOSED ORD. NO. 13573 APPROPRIATING $370,000.00 FROM THE SANITARY REPLACEMENT FUND TO BE USED FOR PROJECT COSTS FOR THE CONSTRUCTION OF SANITARY SEWERS IN PAGE AVE. & LINDBERGH SANITARY SEWER (10725) 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 MIDWEST MOLE, INC. FOR THE AFORESAID CONSTRUCTION. ADOPTION OF PROPOSED ORD. NO. 13574 APPROPRIATING $1,250,000.00 FROM THE SANITARY REPLACEMENT FUND TO BE USED FOR PROJECT COSTS FOR THE CONSTRUCTION OF SANITARY SEWERS IN PROVIDENCE PLACE SANITARY RELIEF (10184) 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 METRO UTILITIES, LLC FOR THE AFORESAID CONSTRUCTION. ADOPTION OF PROPOSED ORD. NO. 13575 APPROPRIATING $5,100,000.00 FROM THE MERAMEC RIVER BASIN SUBDISTRICT #449 AND $2,800,000.00 FROM THE SANITARY REPLACEMENT FUND TO BE USED FOR PROJECT COSTS FOR THE CONSTRUCTION OF SANITARY SEWERS IN RIVERSIDE AND YARNELL SANITARY RELIEF (SKME-400) (10146), IN CITY OF FENTON, MISSOURI; AND AUTHORIZING THE EXECUTIVE DIRECTOR AND SECRETARY-TREASURER ON BEHALF OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT TO ENTER INTO A CONTRACT WITH GERSHENSON CONSTRUCTION CO., INC. FOR THE AFORESAID CONSTRUCTION. ADOPTION OF PROPOSED ORD. NO. 13576 APPROPRIATING $3,800,000.00 FROM THE SANITARY REPLACEMENT FUND TO BE USED FOR PROJECT COSTS FOR THE CONSTRUCTION OF SANITARY SEWERS IN UPPER MALINE TRUNK SANITARY RELIEF PHASE III SECTION C (10782) IN CITY OF FERGUSON AND 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 J.H. BERRA CONSTRUCTION CO., INC. FOR THE AFORESAID CONSTRUCTION. ADOPTION OF PROPOSED ORD. NO. 13577 MAKING AN APPROPRIATION OF $80,000.00 FROM THE SANITARY REPLACEMENT FUND FOR ENGINEERING SERVICES FOR THE DESIGN OF GRAVOIS TRUNK (WHITECLIFF TO RDP) SANITARY RELIEF PHASE III (10496 & E-1159) AND AUTHORIZING THE EXECUTIVE DIRECTOR AND SECRETARY- TREASURER ON BEHALF OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT TO ENTER INTO AMENDMENT NO. 7 OF CONTRACT #20009 WITH EDM INCORPORATED, FOR THE AFORESAID ENGINEERING SERVICES. ADOPTION OF PROPOSED ORD. NO. 13578 APPROPRIATING $90,000.00 FROM THE SANITARY REPLACEMENT FUND TO BE USED FOR THE GENERAL SERVICES AGREEMENT - SEWER DESIGN (FY2013) CONTRACT A (11779) THROUGHOUT THE DISTRICT, AND AUTHORIZING THE EXECUTIVE DIRECTOR AND SECRETARY- TREASURER ON BEHALF OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT TO ENTER INTO CONTRACT #20026 WITH TETRA TECH, INC. FOR GENERAL SERVICES AGREEMENT - SEWER DESIGN (FY 2013) CONTRACT A (11779). ADOPTION OF PROPOSED ORD. NO. 13579 APPROPRIATING $90,000.00 FROM THE SANITARY REPLACEMENT FUND TO BE USED FOR THE GENERAL SERVICES AGREEMENT - SEWER DESIGN (FY2013) CONTRACT B (11780) THROUGHOUT THE DISTRICT, AND AUTHORIZING THE EXECUTIVE DIRECTOR AND SECRETARY- TREASURER ON BEHALF OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT TO ENTER INTO CONTRACT #20027 WITH VANCE ENGINEERING, INC. FOR GENERAL SERVICES AGREEMENT - SEWER DESIGN (FY 2013) CONTRACT B (11780). ADOPTION OF PROPOSED ORD. NO. 13580 APPROPRIATING $90,000.00 FROM THE SANITARY REPLACEMENT FUND TO BE USED FOR THE GENERAL SERVICES AGREEMENT - SEWER DESIGN (FY2013) CONTRACT C (11781) THROUGHOUT THE DISTRICT, AND AUTHORIZING THE EXECUTIVE DIRECTOR AND SECRETARY- TREASURER ON BEHALF OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT TO ENTER INTO CONTRACT #20028 WITH SHALOM SERVICES CORPORATION FOR GENERAL SERVICES AGREEMENT - SEWER DESIGN (FY2013) CONTRACT C (11781). ADOPTION OF PROPOSED ORD. NO. 13581 APPROPRIATING $587,000.00 FROM THE SANITARY REPLACEMENT FUND FOR ENGINEERING SERVICES FOR THE DESIGN OF PROSPECT HILL LANDFILL VERTICAL EXPANSION (11094), AND AUTHORIZING THE EXECUTIVE DIRECTOR AND SECRETARY-TREASURER ON BEHALF OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT TO ENTER INTO CONTRACT #20029 WITH HORNER & SHIFRIN, INC. FOR THE DESIGN OF THIS PROJECT. ADOPTION OF PROPOSED ORD. NO. 13582 APPROPRIATING $1,000,000.00 FROM THE SANITARY REPLACEMENT FUND FOR THE ACQUISITION, TRANSFER, CLOSING APPROVAL, DEMOLITION, AND RELATED ACTIVITIES FOR REAL PROPERTY IN THE CITY OF ST. LOUIS, MISSOURI, FOR FLOOD MITIGATION PURPOSE FOR THE ASHLAND AVENUE – CLARA TO BELT (PROPERTY ACQUISITION) (11862); AND AUTHORIZING THE EXECUTIVE DIRECTOR AND SECRETARY-TREASURER ON BEHALF OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT TO ACQUIRE, TRANSFER, APPROVE CLOSING, DEMOLISH AND PERFORM RELATED ACTIVITIES FOR REAL PROPERTY NECESSARY FOR THE ABOVE PROJECT. ADOPTION OF PROPOSED ORD. NO. 13583 APPROPRIATING $2,000,000.00 FROM THE SANITARY REPLACEMENT FUND FOR THE ACQUISITION, TRANSFER, CLOSING APPROVAL, DEMOLITION, AND RELATED ACTIVITIES FOR REAL PROPERTY IN THE CITIES OF JENNINGS AND FLORDELL HILLS, MISSOURI, FOR FLOOD MITIGATION PURPOSE FOR THE JENNINGS STATION ROAD/NORTH BADEN BASIN (PROPERTY ACQUISITION) (11140); AND AUTHORIZING THE EXECUTIVE DIRECTOR AND SECRETARY-TREASURER ON BEHALF OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT TO ACQUIRE, TRANSFER, APPROVE CLOSING, DEMOLISH AND PERFORM RELATED ACTIVITIES FOR REAL PROPERTY NECESSARY FOR THE ABOVE PROJECT. ADOPTION OF PROPOSED ORD. NO. 13584 APPROPRIATING $1,000,000.00 FROM THE SANITARY REPLACEMENT FUND FOR THE ACQUISITION, TRANSFER, CLOSING APPROVAL, DEMOLITION, AND RELATED ACTIVITIES FOR REAL PROPERTY IN THE CITY OF ST. LOUIS, MISSOURI, FOR FLOOD MITIGATION PURPOSE FOR THE PARTRIDGE AVENUE 8500 BLOCK COMBINED SEWER RELIEF (PROPERTY ACQUISITION) (11828); AND AUTHORIZING THE EXECUTIVE DIRECTOR AND SECRETARY-TREASURER ON BEHALF OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT TO ACQUIRE, TRANSFER, APPROVE CLOSING, DEMOLISH AND PERFORM RELATED ACTIVITIES FOR REAL PROPERTY NECESSARY FOR THE ABOVE PROJECT. Motion made by Mr. Ross, seconded by Mr. Buford, that the Consent Agenda be adopted. Motion passed – 5 ayes, no nays Poll taken: E. Ross aye M. Yates aye J. Goffstein aye J. Buford aye R. Berry aye The Chair declared the Consent Agenda adopted. - - - - UNFINISHED BUSINESS Ordinances None Resolutions None - - - - NEW BUSINESS Ordinances INTRODUCTION OF PROPOSED ORD. NO. 13586 APPROPRIATING $115,000.00 FROM THE OPERATION, MAINTENANCE, CONSTRUCTION AND IMPROVEMENT FUND OF UNIVERSITY CITY TO BE USED FOR PROJECT COSTS FOR THE CONSTRUCTION OF STORM SEWERS IN PAGE AVE. #9441-9445 STORM SEWER (10295), 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 T AND J LAWN AND TREE SERVICE FOR THE AFORESAID STORM SEWER CONSTRUCTION. Proposed Ord. No. 13586 was presented and read. The work to be done under Contract #20023 consists of the construction of approximately 398 lineal feet of pipe sewers varying in size from 18-inches to 24-inches in diameter and appurtenances. The purpose of this project is to relieve structure and yard flooding. This project is scheduled to be completed in 90 days. Motion made by Mr. Ross, seconded by Mr. Buford that proposed Ord. No. 13586 be introduced. Motion passed – 5 ayes, no nays Poll taken: E. Ross aye R. Berry aye J. Goffstein aye J. Buford aye M. Yates aye INTRODUCTION OF PROPOSED ORD. NO. 13587 MAKING AN APPROPRIATION OF $430,000.00 FROM THE SANITARY REPLACEMENT FUND FOR ADDITIONAL ENGINEERING SERVICES FOR LEMAY WWTP OUTFALL 002 ELIMINATION (11132) (E- 1265); AND AUTHORIZING THE EXECUTIVE DIRECTOR AND SECRETARY-TREASURER ON BEHALF OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT TO ENTER INTO AMENDMENT NO. 13 TO CONTRACT #10847 WITH HDR ENGINEERING, INC. FOR THE AFORESAID ENGINEERING SERVICES. Proposed Ord. No. 13587 was presented and read. This ordinance authorizes the District to enter into Amendment No. 13 under Contract #10847 with HDR Engineering, Inc. This amendment provides for the engineering phase services for the Lemay WWTP Outfall 002 Elimination (11132) project. The amended design appropriation is $7,284,000.00 for approximately $42,000,000 in construction. Motion by Mr. Ross, seconded by Mr. Yates that proposed Ord. No. 13587 be introduced. Motion passed – 5 ayes, no nays Poll taken: E. Ross aye R. Berry aye J. Goffstein aye J. Buford aye M. Yates aye INTRODUCTION OF PROPOSED ORD. NO. 13588 APPROPRIATING $3,000,000.00 FROM THE SANITARY REPLACEMENT FUND FOR THE ACQUISITION, TRANSFER, DEMOLITION, AND RELATED ACTIVITIES FOR REAL PROPERTY IN THE CITY OF HAZELWOOD, MISSOURI, FOR WET WEATHER STORAGE FOR THE COLDWATER SANITARY RELIEF SECTION B, C, D WET WEATHER STORAGE FACILITY TANK C - PROPERTY ACQUISITION (11876); AND AUTHORIZING THE EXECUTIVE DIRECTOR AND SECRETARY-TREASURER ON BEHALF OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT TO ACQUIRE, TRANSFER, DEMOLISH AND PERFORM RELATED ACTIVITIES FOR REAL PROPERTY NECESSARY FOR THE ABOVE PROJECT. Proposed Ord. No. 13588 was presented and read. A buyout/acquisition of one (1) property in the area of the 9200 block of Pershall Road, in the City of Hazelwood to allow for the area necessary to accommodate the construction of a sanitary wet weather storage facility. The effort will include the acquisition of the property through negotiation and/or condemnation if necessary, and securing the site. Through the approval of this Board action, District Staff will be authorized to negotiate with property owner and purchase the property included in the scope without further Board action. A real property acquisition consultant will perform all negotiations and management of the property acquisition from the first contact with the owners through the closing. The consultant will perform all services in accordance with the Code of Federal Regulations Uniform Relocations and Real Property Assistance Act (49CFR Part 24, amended). The District will contract for the final restoration of the site under separate contracts through the Purchasing Division. All of these activities will be funded from this appropriation. Any development of the wet weather storage facility would be funded by a separate Board action. Motion by Mr. Berry, seconded by Mr. Ross that proposed Ord. No. 13588 be introduced. Motion passed – 5 ayes, no nays Poll taken: E. Ross aye R. Berry aye J. Goffstein aye J. Buford aye M. Yates aye INTRODUCTION OF PROPOSED ORD. NO. 13589 APPROPRIATING $163,027.00 FROM THE GENERAL FUND TO BE USED FOR PROJECT COSTS FOR ENGINEERING SERVICES FOR THE DESIGN OF MAXIMO TRANSPORTATION MODULE IMPLEMENTATION SERVICES AT VARIOUS LOCATIONS THROUGHOUT THE DISTRICT; AND AUTHORIZING THE EXECUTIVE DIRECTOR AND SECRETARY-TREASURER ON BEHALF OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT TO ENTER INTO A CONTRACT WITH MERCURY & ASSOCIATES FOR THE AFORESAID ENGINEERING SERVICES. Proposed Ord. No. 13589 was presented and read. This ordinance authorizes the District to enter into contract with Mercury & Associates for Fleet Management consulting services associated with the implementation of the IBM Maximo Transportation Module as defined in RFP 2822. Motion made by Mr. Yates, seconded by Mr. Buford that proposed Ord. No. 13589 be introduced. Motion passed – 5 ayes, no nays Poll taken: E. Ross aye R. Berry aye J. Goffstein aye J. Buford aye M. Yates aye INTRODUCTION OF PROPOSED ORD. NO. 13590 APPROPRIATING $100,000.00 FROM THE GENERAL FUND OF THE DISTRICT FOR GENERAL SERVICES AGREEMENT - ENGINEERING SERVICES ASSOCIATED WITH THE DESIGN OF SMALL PROJECTS THROUGHOUT THE DISTRICT; AND AUTHORIZING THE EXECUTIVE DIRECTOR AND SECRETARY-TREASURER ON BEHALF OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT TO ENTER INTO A CONTRACT WITH BLACK & VEATCH FOR SAID SERVICES. Proposed Ord. No. 13590 was presented and read. This ordinance authorizes the District to enter into a contract with Black & Veatch for engineering services associated with the design of small projects and tasks as needed throughout the District as defined in RFP 2732. Services provided may include electrical, controls, mechanical, structural, process, and regulatory. Projects will be issued by letter agreement per individual scopes of service. Motion made by Mr. Ross, seconded by Mr. Yates that proposed Ord. No. 13590 be introduced. Motion passed – 4 ayes, no nays, 1 abstain Poll taken: E. Ross aye R. Berry abstain J. Goffstein aye J. Buford aye M. Yates aye INTRODUCTION OF PROPOSED NO. 13591 AUTHORIZING THE EXECUTIVE DIRECTOR AND SECRETARY-TREASURER ON BEHALF OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT (“MSD”) TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH THE CITY OF ST. LOUIS AND ST. LOUIS COUNTY, WHEREBY THE ENTITIES AGREE TO AMEND THE MASON TILLMAN CONTRACT WITH MSD DATED FEBRUARY 21, 2012 TO INCLUDE SCOPE OF SERVICES FOR MASON TILLMAN TO CONDUCT A SEPARATE DISPARITY STUDY REPORT FOR BOTH THE CITY AND THE COUNTY. Proposed Ord. No. 13591 was presented and read. The Intergovernmental Agreement memorializes that the entities agree to amend the Mason Tillman Contract with MSD dated February 21, 2012 to include scope of services for Mason Tillman to conduct a separate Disparity Study report for both the City and the County. The advantages of said amended contract includes a cost savings from the overlap of certain required tasks for each study report for entities in a common service area; and a more uniform implementation of procurement recommendations in the region by each entity to benefit minority and women-owned business enterprises. Motion made by Mr. Ross, seconded by Mr. Berry that proposed Ord. No. 13591 be introduced. Motion passed – 5 ayes, 1 nay Poll taken: E. Ross aye R. Berry aye J. Goffstein nay J. Buford aye M. Yates aye A. Mandel aye INTRODUCTION AND ADOPTION OF PROPOSED ORD. NO. 13592 DECLARING THE NECESSITY FOR THE ACQUISITION OF A TEMPORARY CONSTRUCTION EASEMENT IN CERTAIN REAL PROPERTY WITHIN THE METROPOLITAN ST. LOUIS SEWER DISTRICT FOR THE PURPOSE OF CONSTRUCTION OF SEWERS AND RELATED APPURTENANCES IN THE PROJECT KNOWN AS TOPPING SANITARY RELIEF (SKME-421) (10199) TO SERVE THE NEEDS OF RESIDENTS OF THE AREA, AND AUTHORIZING THE ACQUISITION OF TEMPORARY CONSTRUCTION EASEMENT BY PURCHASE OR BY THE INSTITUTION OF CONDEMNATION PROCEEDINGS. Proposed Ord. No. 13592 was presented and read. This ordinance authorizes the staff to enter into condemnation proceedings for a temporary construction easement on one (1) parcel of ground located in the City of Town and Country, Missouri. This easement is needed to construct this project, which consists of the construction of approximately 2,205 feet of 12-inch to 15-inch diameter sanitary sewers and appurtenances. Also, this project will address sanitary sewer surcharging, manhole overflows, and building backups during wet weather events. This easement has been appraised. Currently, the District has been unable to negotiate a settlement with the owner. This project is now tentatively scheduled to begin construction in FY2013. Motion by Mr. Berry seconded by Mr. Ross that proposed Ord. No. 13592 be introduced. Motion made, seconded and unanimously adopted to suspend the rules to allow for adoption of proposed Ord. No. 13592. Motion made by Mr. Berry, seconded by Mr. Buford that proposed Ord. No. 13592 be adopted. Motion passed – 6 ayes, no nays Poll taken: E. Ross aye R. Berry aye A. Mandel aye J. Buford aye M. Yates aye J. Goffstein aye The Chair declared proposed Ord. No. 13592 adopted. Resolutions ADOPTION OF RESOLUTION NO. 3080 AS PART OF THE METROPOLITAN ST. LOUIS DISTRICT’S (MSD) CONTINUED COMMITMENT TO THE UTILIZATION OF CERTIFIED MINORITY AND WOMEN BUSINESS ENTERPRISES (MWBE) AND MINORITY AND WOMAN WORKFORCES IN ALL ASPECTS OF ITS CONTRACTING ACTIVITIES, A DISPARITY STUDY HAS BEEN COMPLETED (BY MASON TILLMAN) THAT DEFINES NARROWLY TAILORED MWBE CONTRACTING AND MINORITY AND WOMAN WORKFORCE GOALS FOR MSD’S PROGRAM. THE BOARD OF TRUSTEES RECEIVED THE DISPARITY STUDY AND WILL ENACT THE NARROWLY TAILORED CONTRACTING AND WORKFORCE GOALS, AS DEFINED IN THE STUDY. Resolution No. 3080 was presented and read. THIS ITEM WAS TABLED AND WILL BE DISCUSSED AT A FUTURE BOARD MEETING. ADOPTION OF RESOLUTION NO. 3072 EXPRESSING THE BOARD OF TRUSTEES’ APPRECIATION TO GEORGE C. BOHN FOR HIS 46 YEARS OF EXEMPLARY SERVICE TO THE METROPOLITAN ST. LOUIS SEWER DISTRICT FROM JUNE 13, 1966, TO HIS RETIREMENT EFFECTIVE MARCH 1, 2013. Resolution No. 3072 was presented and read. ADOPTION OF RESOLUTION NO. 3073 EXPRESSING THE BOARD OF TRUSTEES’ APPRECIATION TO RAMONA L. DICKENS FOR HER 9 YEARS OF EXEMPLARY SERVICE TO THE METROPOLITAN ST. LOUIS SEWER DISTRICT FROM AUGUST 25, 2003, TO HER RETIREMENT EFFECTIVE MARCH 1, 2013. Resolution No. 3073 was presented and read. ADOPTION OF RESOLUTION NO. 3074 EXPRESSING THE BOARD OF TRUSTEES’ APPRECIATION TO EARL A. JACKSON FOR HIS 23 YEARS OF EXEMPLARY SERVICE TO THE METROPOLITAN ST. LOUIS SEWER DISTRICT FROM OCTOBER 9, 1989, TO HIS RETIREMENT EFFECTIVE MARCH 1, 2013. Resolution No. 3074 was presented and read. ADOPTION OF RESOLUTION NO. 3075 EXPRESSING THE BOARD OF TRUSTEES’ APPRECIATION TO ANN M. RAVETTA FOR HER 5 YEARS OF EXEMPLARY SERVICE TO THE METROPOLITAN ST. LOUIS SEWER DISTRICT FROM FEBRUARY 4, 2008, TO HER RETIREMENT EFFECTIVE MARCH 1, 2013. Resolution No. 3075 was presented and read. ADOPTION OF RESOLUTION NO. 3076 EXPRESSING THE BOARD OF TRUSTEES’ APPRECIATION TO DENNIS J. WASHINGTON FOR HIS 38 YEARS OF EXEMPLARY SERVICE TO THE METROPOLITAN ST. LOUIS SEWER DISTRICT FROM SEPTEMBER 9, 1974, TO HIS RETIREMENT EFFECTIVE MARCH 1, 2013. Resolution No. 3076 was presented and read. ADOPTION OF RESOLUTION NO. 3077 EXPRESSING THE BOARD OF TRUSTEES’ APPRECIATION TO HOWARD A. WHITENER FOR HIS 17 YEARS OF EXEMPLARY SERVICE TO THE METROPOLITAN ST. LOUIS SEWER DISTRICT FROM MAY 1, 1995, TO HIS RETIREMENT EFFECTIVE MARCH 1, 2013. Resolution No. 3077 was presented and read. ADOPTION OF RESOLUTION NO. 3078 EXPRESSING THE BOARD OF TRUSTEES’ APPRECIATION TO JAMES E. WOODS FOR HIS 22 YEARS OF EXEMPLARY SERVICE TO THE METROPOLITAN ST. LOUIS SEWER DISTRICT FROM SEPTEMBER 10, 1990, TO HIS RETIREMENT EFFECTIVE MARCH 1, 2013. Resolution No. 3078 was presented and read. ADOPTION OF PROPOSED ORD. NO. 3079 EXPRESSING THE BOARD OF TRUSTEES’ APPRECIATION TO PAUL A. MCELYEA FOR HIS 28 YEARS OF EXEMPLARY SERVICE TO THE METROPOLITAN ST. LOUIS SEWER DISTRICT FROM JANUARY 1, 1985, TO HIS RETIREMENT EFFECTIVE MARCH 1, 2013. Resolution No. 3079 was presented and read. Motion made by Mr. Yates, seconded by Mr. Ross that Resolution Nos. 3072, 3073, 3074, 3075, 3076, 3077, 3078 and 3079 be adopted. Motion passed – voice vote, all ayes - - - - Mr. Berry indicated that it was time to elect the officers for the next cycle. The District’s process is that the County Trustees are to nominate the Chair for the next cycle and the City Trustees will nominate for the Vice Chair. Mr. Yates nominated Mr. Buford to be Chair. Mr. Ross seconded that nomination. No other nominations were placed on the floor. Mr. Berry motioned to close nominations, and Mr. Yates seconded. Motion passed – voice vote; 6 ayes, no nays Mr. Goffstein moved that Mr. Berry be nominated as the Chairman. Mr. Visintainer seconded and motion was passed. Voice vote; all ayes, no nays. Mr. Berry opened the floor for Vice Chair nominations. Mr. Goffstein nominated Mr. Yates to be Vice Chair. Mr. Ross seconded that nomination. No other nominations were presented to the floor. Mr. Ross moved to close nominations, and Mr. Berry seconded. Motion passed – voice vote; 6 ayes, no nays Mr. Ross moved to approve the nomination of Mr. Yates as Vice Chair. Mr. Berry seconded and motion was passed. Voice vote; all ayes, no nays. - - - - Upon motion made Mr. Berry, seconded by Mr. Ross, and unanimously passed, the meeting adjourned at 6:07 p.m. Secretary-Treasurer