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HomeMy Public PortalAbout1531st Board Journal 4-22-2013 JOURNAL OF THE (1531st) MEETING OF THE BOARD OF TRUSTEES THE METROPOLITAN ST. LOUIS SEWER DISTRICT April 22, 2013 – 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 J. H. Buford, Chair B. L. Hoelscher, Executive Director M. E. Yates, Vice Chair S. M. Myers, General Counsel R. T. Berry B. A. Schaefer, Secretary-Treasurer E. G. Ross J. M. Zimmerman, Director of Finance A. K. Mandel VACANT, Director of Engineering J. P. Faul J. C. Sprague, Director of Operations Also present were Tom Sullivan, 35 N. Central; Ed Sweet, Parsons; John Choinka, HR Green; Steve Lewis, AGC; Don Willey, Laborers; Ray Woods, T/C; John Schilling, Black & Veatch; Karlos Ramirez, HCC; Tom Abkemeier, Shannon & Wilson; Gerry Ryan, IDCS; Frank Mario, IDCS; Mike Gryn, IDCS; Mike Borgard, TREKK; Robert Jones, MOKAN; Thomas Nellum; MOKAN; Stephen Gregali, City of St. Louis; Sean Sevoy, URS Corp.; Nick Elored, URS Corp.; Rev. Susan Sneed, MCU; Pam Hobbs, Geotechnology; David Cavendar, Horner & Shifrin; Gloria Lloyd, Call Newspapers; Adolphus Pruitt, NAACP; David Rosenberg, Insituform; Gary Penrod, Insituform; Granville White, Kwame; Anthony Aderhold, Insituform; Chris Bergmann, TWM; Kem Mosley, MCI; James Sahaida, MCU; Sunil Thakkar, Jasun Technologies; Rob Kuenzel, Losli Engineering; Ronny Griffin, Laborers Local 110; William Ray, St. Louis County; Lawrence Nwachukwu, Basilico; Vicki LaRose, Civil Design; Nicole Adewale, ABNA; Rebecca Losli, Losli Engineering; Tim Tappendorf, CMT; Doug Hickey, HDR; Dan Shepard, MSD; Todd Aschbacher, MSD; Todd Loretta, MSD; Shonnah Paredes, MSD; Mike Grace, MSD; Theresa Bellville, Asst. Director of Finance; Betsy Schubert, MSD; Marie Collins, Asst. Director of Engineering; Allen Mueller, MSD; Bret Berthold, Asst. Director of Operations; 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. Buford opened the meeting pursuant to notice and call. - - - - Motion made by Mr. Berry, seconded by Mr. Yates, 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: J. Faul aye R. Berry aye J. Yates aye J. Buford aye E. Ross aye A. Mandel 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.; leasing, purchase or sale of real estate under §610.021(2). The Board also discussed and voted to approve the following properties be acquired. 5239 West Florissant $278,500.00 13418 & 13388 Twin Lakes Dr. $200,000.00 13410 Twin Lakes Dr. $300,000.00 Motion by Mr. Berry, seconded by Mr. Yates that the aforementioned properties for the prices listed above be introduced. Motion made, seconded and unanimously adopted to suspend the rules to allow for adoption of proposed purchases. Motion made by Mr. Berry, seconded by Mr. Ross that the purchase of the aforementioned properties from the City LRA for the price listed above be adopted. Motion passed – 6 ayes, no nays Poll taken: E. Ross aye A. Mandel aye J. Faul aye R. Berry aye M. Yates aye J. Buford aye - - - - Upon motion made by Mr. Yates, seconded by Ms. Mandel, the Journals of the March 14 and March 27, 2013 meetings were approved by unanimous voice vote. - - - - The Chair welcomed the newest Trustee to the Board. Mr. Buford stated that Mr. Faul was sworn in at the Stakeholder’s meeting. Mr. Faul is an associate attorney with Hartnett Gladney Hetterman, L.L.C. (formerly Bartley Goffstein, L.L.C). - - - - Mr. Ross reported that the Program Management Committee met on April 2, 2013 at 7:30 a.m. The meeting was attended by Trustees Ross, Mandel and Buford. The minutes of the March 5, 2013 meeting were approved. The agenda items to be introduced tonight were presented and discussed, including a detailed discussion regarding the following items: Items 22 & 23 – Fee Fee Creek Public I/I and Infrastructure Repairs Contract C – Bids for these projects were previously rejected. These two ordinances will provide funding and authorize contracts for the re-bid of these two projects. Because the details for these projects were previously discussed and because of the large backlog of these types of projects yet to be bid, the Committee recommends that these two ordinances be considered for introduction and adoption so that the work may begin as soon as possible. Item 18 – City of Wildwood Agreement – This agreement will allow MSD to provide sanitary service for the City of Wildwood for park improvements located outside of the District’s boundaries. While the City of Wildwood will also make stormwater improvements per MSD requirements in anticipation of a future annexation request, the City of Wildwood will remain solely responsible for all stormwater issues in this area until such an annexation request is accepted by MSD. Items 19 & 21 – FF-02 Fee Fee – Alan Shepard – These two ordinances request additional funds for an existing construction project. The first ordinance requests an additional $100,000 for additional costs caused by heavy rains and high Missouri River levels for two main activities. The first activity was extensive dewatering needed for the work completed to date. The second activity was the temporary repair of roadway pavement, sidewalk, and yard areas used for construction and access prior to the project being shut down to provide safe conditions for the local residents. These areas will again have to be disturbed and repaired to continue the project and to allow access for the balance of the project. The second ordinance requests approximately $379,000 in additional funding to relocate an existing water main that was in conflict with the project. The water main had to be relocated through unanticipated bedrock. Staff discussed with the Committee cost mitigation measures it investigated during these events. The meeting was adjourned at 8:00 a.m. - - - - Mr. Yates reported that the Finance Committee met on April 16, 2013, with Trustees James Buford and Michael Yates in attendance. The minutes from the March 12, 2013 meeting were approved. Mrs. Edwards requested the current contract with Mason Tillman be extended for twelve months to provide future services related to the disparity study on an as needed basis. Mr. Buford asked if there would be a monetary cap on the extension. Mrs. Edwards indicated the services would be charged at an hourly rate based on actual work performed. The Committee agreed to move a resolution forward for Board consideration. This is Item #25 on tonight’s agenda. Mrs. Zimmerman stated MSD is currently in the first year of a five-year contract with Rubin Brown to serve as the District’s external auditors. She requested the second year option of the contract be exercised to continue Rubin Brown’s services. Mrs. Zimmerman indicated this resolution will be placed on the May 9th Board Meeting Agenda. Mrs. Zimmerman stated a fund transfer is needed to establish a Workers’ Compensation Fund. Currently the funds for workers’ compensation claims are included in the General Fund. This action will establish a separate workers’ compensation fund per accounting requirements. This is Item #26 on tonight’s agenda. Mrs. Zimmerman presented the February 2013 Adjustment Review Committee report. The Committee accepted the report into the record as required by Ordinance. She also reported on the current financial condition of the District indicating it continues in a solid position. Mr. Hoelscher presented the FY14 Budget Supplement. The Budget Supplement document contains details regarding capital projects for the coming fiscal year and was provided to the Board in March. The proposed capital program consists of 165 projects totaling $223 million dollars. Details were provided concerning these proposed Wastewater and Stormwater projects. Mr. Hoelscher indicated that approximately 11% of the program dollars for FY 2014 are proposed in the City of St. Louis, approximately 54% of the program dollars in St. Louis County, and approximately 32% of the program dollars for projects located in both the City and the County Mr. Buford asked why the anticipated project expenditures were higher in the County. Mr. Hoelscher explained the County wastewater projects involve wastewater infrastructure impacted by stormwater infiltration. Eliminating this infiltration is one of the initial requirements of the Consent Decree. The proposed projects will address these requirements. Large expenditures addressing the combined sewer system serving and located in the City of St. Louis are scheduled the start during the middle of the 23 year consent decree. Mr. Buford questioned the preponderance of projects in the southern part of St. Louis County. Mr. Hoelscher explained that at the time the associated properties were developed, it was common practice to prevent basement back-up by using outfalls into area creeks and waterways. The Consent Decree requires MSD to reduce the amount of sewage entering these waterways during the early part of the program. The proposed projects address this requirement. The use of subdistrict taxes for the proposed FY14 stormwater projects was discussed. Mr. Hoelscher indicated 153 projects for an estimated $196 million dollars are proposed to address stormwater related asset management, city shed, CSO, SSO, treatment plant and regulatory compliance. Mr. Buford asked if the implementation of the current CIRP program is progressing according to the Consent Decree. Mr. Hoelscher stated the CIRP work is on schedule to meet Consent Decree requirements. Mr. Buford asked if the CIRP plan allows for any slippage in the implementation schedule. Mr. Hoelscher stated there are no allowances included in the Consent Decree. Mr. Rich Unverferth, MSD’s Assistant Director of Engineering, provided a comparison of the estimated allocation of CIRP expenditures to the Rate Commission Report approved by the Board on October 10, 2011. Mr. Unverferth stated an estimated savings of 2.5% is anticipated compared to the Rate Report. This savings is due to combining and eliminating projects where more cost effective solutions are identified. Mr. Unverferth indicated the project schedule is consistent with the Consent Decree. Mr. Buford asked if MSD incurs penalties if Consent Decree deadlines are missed. Mr. Hoelscher indicated such penalties would be assessed, but the Board allowing the simultaneous introduction and approval of project appropriations will assist the District in staying on schedule. Mr. Yates asked how the FY12 taxes inadvertently not collected by St. Louis County will be recovered. Mrs. Zimmerman stated based on conversations with the St. Louis County Collector of Revenue Office, the uncollected taxes will be included on 2013 tax bills as a separate line item. Mr. Buford asked how this tax revenue shortfall is currently being funded. Mrs. Zimmerman explained the District’s available fund balance will be used until the 2013 tax revenues are received. Mrs. Zimmerman provided an updated summary of the proposed FY14 budget to reflect minor changes to the CIRP and expected tax revenue. As a result the total budget proposed for FY14 is $493,134,000. The meeting adjourned at 8:20 a.m. - - - - Mr. Hoelscher reported that this being my first report as Executive Director, I want to take one last chance to thank Jonathon Sprague for the excellent job he did as Interim Executive Director. Jon and I have worked closely together during the past six years, coordinating the activities of the operations and engineering departments through the negotiation and then start-up of the consent decree. We made a great team in the past, and I see no reason why that should change in the future. And Jon, as you have requested, I promise I will finally stop thanking you in public. As MSD moves forward under my leadership, we will build on our many successes; a sound financial situation, regular investment in the tools and training needed to allow MSD’s employees to continue to provide Quality Service Always, and execution of all consent decree requirements on schedule and within budget. The most significant change facing the District is an increase in the annual expenditures needed for the capital program and other District purchases. This will require an equivalent increase in communication and cooperation with our stakeholders in order to make sure that MSD and the St. Louis community can meet the challenges facing us. many parts of the St. Louis community have already experienced this in the recently completed disparity study, coordination of MSD’s construction projects with other municipal capital programs and concerns, and finally the cooperation of individual residents as we execute project clear’s green initiatives and “get the rain out” downspout disconnect programs. MSD is committed to increasing our communication and cooperation efforts, as this is the only way that MSD and the St. Louis community can successfully address the challenges facing us. This afternoon at the stakeholder’s committee meeting, Karen Falk with ETC summated MSD’s current customer satisfaction results. At this time I would like Karen to present to the entire board the customer satisfaction results. Ms. Karen Falk presented the MSD Annual Resident and Post Contact Survey Findings. Ms. Falk stated that the purpose of the Post Contact survey was to obtain an objective evaluation of service from customers who have had contact within the last year with the District’s billing and/or field operations. At least 150 customers were surveyed per month with 75 from billing and 75 from field service. A total of 1,825 customers completed the survey in 2012. The field service ratings were above 80% in all areas that were surveyed. This is related to customers who had experience with MSD employees who made a service call to their home or neighborhood. The field service satisfaction for the overall quality of service was 8.70. It is an all-time high. The previous year’s satisfaction scores were 8.50. The billing satisfaction for the overall quality of service was 8.50 which tied with last year’s all-time high. The Annual Customer Satisfaction Survey is to gather input from all customers to objectively evaluate how well MSD is meeting the needs of its customers. A total of 423 customers completed the survey. All services areas were well represented. The customers rated the overall efficiency of MSD at 8.25. This is a significant increase in the ratings. The satisfaction with wastewater improved in both areas that were rated. Stormwater satisfaction improved in all areas. The overall satisfaction with customer service also improved in all areas. Customers’ satisfaction with MSD’s reasonable rates improved significantly. Satisfaction with MSD improved in all major areas accessed on the survey including wastewater and stormwater services, customer service and communication. The residents in the community indicated how well MSD is doing. On the evening of April 18 the Midwest Region of the United States, including St. Louis, experienced an extreme rain event that caused immediate localized flooding and longer term flash flood warnings for many streams and rivers. Though the St. Louis area was not hit as hard as some areas, we did experience localized heavy storms that affected many of our rate payers. I would like Jonathon Sprague to briefly explain to the board what some of those impacts were. On the evening of April 9, 2013, MSD engineering and operation’s staff as well as an emergency contractor responded to a collapsing sewer at the southeast corner of the intersection of Manchester road and south Hanley road in the city of Maplewood. The Executive Director reported this emergency to the board of trustees on April 10, 2013. With the cooperation of the St. Louis county highway department, MODOT, the city of Maplewood, and various utility companies, the site was secured, investigated, and repairs began with no impact to public health and safety. Item no. 24 on tonight’s agenda requests the introduction and adoption of an ordinance authorizing the hiring of an emergency contractor and the appropriation of $600,000 to provide the funds necessary to address this issue. I would like Allen Muehlher, a Manager in the Engineering Department, to briefly describe the problem and proposed repair. Mr. Mueller stated that there was a cave-in reported on April 9th at the southeast corner on Hanley and Manchester. After investigating, it was determined that a 42 inch storm sewer had failed. The sewer had been constructed in the 1930’s by Maplewood Sewer District and was constructed of corrugated metal pipe. In addition to the east side of the Hanley cave-in, the west side where the stormwater discharges into Deer Creek, the slope was seriously eroded and was completely blocking the outfall. The challenges at the site of northbound Hanley and eastbound Manchester were a 50 foot MODOT communication tower and a significant amount of Ameren wire and power lines that needed to be addressed before excavation could begin. Once the site was secured and safe to dig, the excavation began replacing approximately 35 feet of failed storm line with 42 inch concrete pipe. On the outfall side where the slope had failed, the pipe had washed away and the slope was pushing back toward Hanley. There were huge chunks of concrete that had fallen covering the outfall. The pipe was replaced with 40 feet of new concrete pipe extending out where it should be by Deer Creek. The slope was protected with rock and coconut straw matting for erosion control. The District needs to rehabilitate the 42 inch corrugated metal pipe running under Hanley to complete this job. Permanent repairs need to be done to the road on northbound Hanley. The District also needs to work with MODOT to get the communication tower back up and working, and complete the restoration of the site. Mr. Buford asked how long it would be before all of the work is completed and Mr. Mueller stated 2 to 3 weeks depending on the weather. Mr. Buford asked what repairs have been completed and Mr. Mueller replied that all of the points had been repaired. MSD has replaced 35 and 40 feet of pipe but still need to replace the corrugated metal pipe under Hanley. Mr. Buford stated that Hanley would have to be closed and Mr. Mueller replied that Hanley will only be closed on off peak hours unless there are unforeseeable issues. He stated that the District is working with MODOT for the lane drop to be on eastbound Manchester. I would like to thank the employees of the operations and engineering departments for their hard work in responding to this emergency. I would also like to point out that we have identified 3 basement back-ups that were caused by this collapsed sewer during rain events that occurred during this time. We have adjusted our response to these claims accordingly and will treat these instances as blocked mains in lieu of a system surcharge. And finally, Item No. 16 on tonight’s agenda is a resolution to accept the MSD disparity study. Resolution 3080 was tabled by the board of trustees at its March 14, 2013 meeting. As a result of continuous stakeholder input regarding the actual implementation of these goals staff is recommending changes to this resolution before it is considered for adoption. The first of two major changes in the new ordinance is to memorialize the Board of Trustees direction to staff to continue to monitor the program. Added to the resolution is a requirement that staff monitors and analyzes any data regarding the implementation of vendor and workforce diversity goals and adjusts implementation of any goals appropriately. The second change has to do with the date of implementation of these goals. The original April 1 implementation date is no longer plausible. staff is recommending that the new implementation date be set at august 1, 2013 to allow for full development with continued stakeholder input of all new policies and procedures, communication to stakeholders of the final requirements in those policies and procedures, and finally implementation into all future procurements after august 1. 2013. A copy of the resolution with the staff recommendations is being made available at tonight’s meeting. - - - - Mr. Mr. Karlos Ramirez, representing the Hispanic Chamber of Commerce, restated their stance that they are fully against the implementation of the goals outlined by Mason Tillman in the disparity study. Mr. Ramirez is taken back, where in a city that there are people putting together an immigration innovation initiative to be the most welcoming community, that the recommendations are very exclusive of all minority population. Mr. Ramirez also wanted to acknowledge Brian Hoelscher and Lance LeComb have been very helpful in helping them to understand the study. He fully expects and would like to be part of the implementation of the study and would like to have an impact on it. - - - - CONSENT AGENDA ADOPTION 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 ADOPTION 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. ADOPTION 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. ADOPTION 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. ADOPTION OF PROPOSED ORD. 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. Motion made by Mr. Berry, seconded by Mr. Ross, that the Consent Agenda be adopted. Motion passed – 6 ayes, no nays Poll taken: E. Ross aye M. Yates aye J. Faul aye J. Buford aye R. Berry aye A. Mandel aye ADOPTION 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. Motion made by Mr. Buford, seconded by Mr. Yates, that proposed Ord. No. 13590 be adopted. Motion passed – 5 ayes, no nays, 1 abstain Poll taken: E. Ross aye M. Yates aye J. Faul aye J. Buford aye R. Berry abstain A. Mandel aye The Chair declared the Consent Agenda adopted. - - - - UNFINISHED BUSINESS Ordinances None 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. Motion made by Mr. Buford, seconded by Mr. Yates, to untable Resolution 3080. Motion passed – 6 ayes, no nays Poll taken: E. Ross aye M. Yates aye J. Faul aye J. Buford aye R. Berry aye A. Mandel aye Motion made by Mr. Buford, seconded by Mr. Berry, to adopt Resolution 3080 with the amendments to align with statements from the Executive Director’s report. Motion passed – 6 ayes, no nays Poll taken: E. Ross aye M. Yates aye J. Faul aye J. Buford aye R. Berry aye A. Mandel aye - - - - NEW BUSINESS Ordinances INTRODUCTION OF PROPOSED ORD. NO. 13594 APPROPRIATING $21,600,000.00 FROM THE SANITARY REPLACEMENT FUND TO BE USED FOR SANITARY SEWER CONSTRUCTION AT LEMAY PUMP STATION NO. 1 REDUNDANT FORCE MAIN (11123), IN THE CITY OF ST. LOUIS 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 SAK CONSTRUCTION LLC FOR THE CONSTRUCTION OF THE AFORESAID SEWERS. Proposed Ord. No. 13594 was presented and read. The work to be done under Contract #20031 consists of the construction of a redundant 96-inch force main, including approximately 3,262 feet of rock tunnel and appurtenances. The purpose of this project is to increase influent pumping capacity from 290 to 340 mgd at the Lemay Wastewater Treatment Plant. This project is scheduled to be completed in 730 days. Motion made by Ms. Mandel, seconded by Mr. Yates that proposed Ord. No. 13594 be introduced. Motion passed – 6 ayes, no nays Poll taken: E. Ross aye R. Berry aye J. Faul aye J. Buford aye M. Yates aye A. Mandel aye INTRODUCTION OF PROPOSED ORD. NO. 13595 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 WILDWOOD, MISSOURI, WHEREBY THE CITY WILL BE ALLOWED TO CONNECT THE CITY OF WILDWOOD COMMUNITY PARK TO THE DISTRICT SANITARY SEWERS, AND THE DISTRICT WILL CHARGE THE CITY OF WILDWOOD FORWASTEWATER SERVICES. Proposed Ord. No. 13595 was presented and read. This ordinance authorizes staff to enter into an agreement with the City of Wildwood for wastewater services as part of the development of a 66 acre park, MSD P-29646-00. The proposed park is located near the (northwest) intersection of Highways MO-100 and MO-109, and is just outside the current MSD boundary. MSD can reasonably serve the park with wastewater services, but staff does not recommend annexation at this time. The City and MSD will follow normal development plan approval and construction inspection procedures during park development. Upon construction approval, MSD will bill the City of Wildwood for wastewater services. Motion by Mr. Berry, seconded by Mr. Ross that proposed Ord. No. 13595 be introduced. Motion passed – 6 ayes, no nays Poll taken: E. Ross aye R. Berry aye J. Faul aye J. Buford aye M. Yates aye A. Mandel aye INTRODUCTION OF PROPOSED ORD. NO. 13596 MAKING A SUPPLEMENTAL APPROPRIATION OF $100,000.00 FROM THE SANITARY REPLACEMENT FUND TO BE USED FOR PROJECT COSTS FOR FF-02 FEE FEE - ALAN SHEPARD I-270 SANITARY RELIEF PHASE IV (10479), IN THE CITY OF MARYLAND HEIGHTS, MISSOURI; AND AUTHORIZING THE EXECUTIVE DIRECTOR AND SECRETARY-TREASURER ON BEHALF OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT TO AMEND THE EXISTING CONTRACT WITH XL CONTRACTING, INC. FOR THE CONSTRUCTION OF THE AFORESAID SANITARY SEWERS. Proposed Ord. No. 13596 was presented and read. The work to be done under Contract #10815 consists of the construction of approximately 3,557 lineal feet of pipe sewers varying in size from 8-inches to 36-inches in diameter and appurtenances. This construction is the second phase of a multiple phase improvement program. The purpose of this project is to alleviate property loss and damage due to overcharged sanitary sewers and basement backups. This will allow for the removal of two sanitary sewer overflows after Phase V is completed. This project is scheduled to be completed in 500 days. Motion by Mr. Berry, seconded by Mr. Ross that proposed Ord. No. 13596 be introduced. Motion passed – 6 ayes, no nays Poll taken: E. Ross aye R. Berry aye J. Faul aye J. Buford aye M. Yates aye A. Mandel aye INTRODUCTION OF PROPOSED ORD. NO. 13597 AUTHORIZING THE EXECUTIVE DIRECTOR AND SECRETARY-TREASURER ON BEHALF OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT TO ENTER INTO A CONTRACT WITH GALLAGHER BENEFIT SERVICES WHEREBY GALLAGHER BENEFIT SERVICES WILL PROVIDE PROFESSIONAL BENEFIT SERVICES FOR THE DISTRICT EMPLOYEES FOR THE PERIOD OF JULY 1, 2013, TO JUNE 30, 2014. Proposed Ord. No. 13597 was presented and read. The District currently contracts with Gallagher Benefit Services to provide employee benefit consulting services. Since the contract expires June 30, 2013, the District has solicited bids and received responses from three professional benefit consulting companies including the incumbent. The District elected to enter into a new contract with Gallagher Benefits Services. Motion made by Mr. Berry, seconded by Mr. Ross that proposed Ord. No. 13597 be introduced. Motion passed – 6 ayes, no nays Poll taken: E. Ross aye R. Berry aye J. Faul aye J. Buford aye M. Yates aye A. Mandel aye INTRODUCTION OF PROPOSED ORD. NO. 13598 MAKING A SUPPLEMENTAL APPROPRIATION OF $378,718.24 FROM THE SANITARY REPLACEMENT FUND TO BE USED FOR PROJECT COSTS FOR FF-02 FEE FEE - ALAN SHEPARD I-270 SANITARY RELIEF PHASE IV (WATER RELOCATION) (10480), IN THE CITY OF MARYLAND HEIGHTS, MISSOURI; AND AUTHORIZING THE EXECUTIVE DIRECTOR AND SECRETARY-TREASURER ON BEHALF OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT TO AMEND THE EXISTING CONTRACT WITH MISSOURI AMERICAN WATER COMPANY FOR THE WATER LINE RELOCATION. Proposed Ord. No. 13598 was presented and read. It is necessary for Missouri – American Water Company to relocate to a major 36-inch diameter water line prior to the construction of FF-02 Fee Fee – Alan Shepard I-270 Sanitary Relief Phase IV. This is a major relocation that can only be done during periods of low water demand during the year. The need to fund the water relocation was not known when the FF-02 Sanitary Relief project was funded in the FY2006 Budget Supplement. While preparing the cost estimate to relocate the 36-inch diameter water line, the assumption was made that the new 36-inch diameter water main would be in soil. During construction of the 36-inch water line, it was discovered that the water main would need to be constructed in rock and not soil as anticipated. Because of this, the construction cost of the new water main increased from the anticipated $592,510.11 to $1,003,718.24, which is an increase of $411,208.13. The original appropriation for this work was $625,000.00. For this reason, we are requesting an additional $378,718.24 to fully fund the relocation of the 36-inch water main for this project. We are requesting that this project be introduced and adopted at the April Board meeting. Motion made by Ms. Mandel, seconded by Mr. Yates that proposed Ord. No. 13598 be introduced. Motion passed – 4 ayes, no nays, 1 abstain Poll taken: E. Ross aye R. Berry abstain J. Faul aye J. Buford aye M. Yates aye INTRODUCTION AND ADOPTION OF PROPOSED NO. 13599 APPROPRIATING $5,200,000.00 FROM THE SANITARY REPLACEMENT FUND TO BE USED FOR PROJECT COSTS FOR THE REHABILITATION OF SANITARY SEWERS IN FEE FEE CREEK PUBLIC I/I REDUCTION (11830) IN THE CITIES OF CREVE COEUR, MARYLAND HEIGHTS, OVERLAND, ST. ANN, 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 INSITUFORM TECHNOLOGIES USA, LLC FOR THE REHABILITATION OF THE AFORESAID SANITARY SEWERS. Proposed Ord. No. 13599 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. Berry, seconded by Ms. Mandel that proposed Ord. No. 13599 be introduced. Motion made, seconded and unanimously adopted to suspend the rules to allow for adoption of proposed Ord. No. 13599. Motion made by Mr. Berry, seconded by Mr. Ross that proposed Ord. No. 13599 be adopted. Motion passed – 6 ayes, no nays Poll taken: E. Ross aye R. Berry aye J. Faul aye J. Buford aye M. Yates aye A. Mandel aye The Chair declared proposed Ord. No. 13599 adopted. INTRODUCTION AND ADOPTION OF PROPOSED ORD. NO. 13600 APPROPRIATING $5,800,000.00 FROM THE SANITARY REPLACEMENT FUND TO BE USED FOR PROJECT COSTS FOR THE REHABILITATION OF SANITARY SEWERS IN INFRASTRUCTURE REPAIRS (REHABILITATION) (FY2012 CONTRACT C) (11836) IN THE DISTRICT BOUNDARIES IN THE CITY OF ST. LOUIS AND ST. LOUIS COUNTY, MISSOURI; AND AUTHORIZING THE EXECUTIVE DIRECTOR AND SECRETARY-TREASURER ON BEHALF OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT TO ENTER INTO A CONTRACT WITH INSITUFORM TECHNOLOGIES USA, LLC FOR THE REHABILITATION OF THE AFORESAID SANITARY SEWERS. Proposed Ord. No. 13600 was presented and read. The work to be done under Contract #10913 consists of the construction of the rehabilitation of approximately 153,477 lineal feet of sewers using cured-in-place pipe (CIPP) methods, varying in size from 6-inches to 30- inches x 42-inch diameter. The purpose of this project is to rehabilitate older, damaged, and deteriorated sewers to reduce pipe collapses, blocked mains, and inflow/infiltration. This project is scheduled to be completed in 365 days. Motion by Mr. Berry seconded by Ms. Mandel that proposed Ord. No. 13600 be introduced. Motion made, seconded and unanimously adopted to suspend the rules to allow for adoption of proposed Ord. No. 13600. Motion made by Mr. Berry, seconded by Mr. Ross that proposed Ord. No. 13600 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. Faul aye The Chair declared proposed Ord. No. 13600 adopted. INTRODUCTION AND ADOPTION OF PROPOSED ORD. NO. 13601 APPROPRIATING $600,000.00 FROM THE WASTEWATER EMERGENCY FUND FOR EMERGENCY SEWER REPAIRS IN EMERGENCY REPAIR #047 (HANLEY AND MANCHESTER) (11947) IN THE CITY OF MAPLEWOOD, MISSOURI; AND AUTHORIZING THE EXECUTIVE DIRECTOR AND SECRETARY-TREASURER ON BEHALF OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT TO ENTER INTO CONTRACT NO. 20047 WITH J.H. BERRA CONSTRUCTION CO., INC. FOR THE AFORESAID EMERGENCY REPAIRS. Proposed Ord. No. 13601 was presented and read. The work to be done under emergency Contract #20047 consists of excavating and repair of two sections of pipe, backfilling, and replacement of pavement as necessary. In addition, the entire pipe will be reinforced with CIPP. District staff declared this project an emergency on April 10, 2013. The contractor, J.H. Berra Construction Co., Inc., has been selected per MSD Emergency Declaration Policy. The repair has started and is scheduled to be completed before April 19, 2013. Motion by Mr. Berry seconded by Mr. Ross that proposed Ord. No. 13601 be introduced. Motion made, seconded and unanimously adopted to suspend the rules to allow for adoption of proposed Ord. No. 13601. Motion made by Mr. Berry, seconded by Ms. Mandel that proposed Ord. No. 13601 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. Faul aye The Chair declared proposed Ord. No. 13601 adopted. Resolutions ADOPTION OF RESOLUTION NO. 3084 WHEREAS THE METROPOLITAN ST. LOUIS SEWER DISTRICT WISHES TO EXTEND THE CONTRACT AUTHORIZED IN ORDINANCE NO. 13373, ADOPTED FEBRUARY 9, 2012 WITH MASON TILLMAN ASSOCIATES, LTD. FOR AN ADDITIONAL TWELVE MONTHS. Resolution No. 3084 was presented and read. ADOPTION OF RESOLUTION NO. 3086 TRANSFERRING UNENCUMBERED FUND BALANCES TOTALING $1,362,053 FROM THE GENERAL FUND TO THE WORKERS’ COMPENSATION FUND. Resolution No. 3086 was presented and read. ADOPTION OF RESOLUTION NO. 3088 AUTHORIZING THE EXECUTIVE DIRECTOR AND SECRETARY-TREASURER ON BEHALF OF THE BOARD OF TRUSTEES OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT TO ENTER INTO A CONTRACT WITH RUBINBROWN, LLP, FOR AN INDEPENDENT AUDIT OF THE ACCOUNTING RECORDS OF THE DISTRICT. Resolution No. 3088 was presented and read. ADOPTION OF RESOLUTION NO. 3081 EXPRESSING THE BOARD OF TRUSTEES’ APPRECIATION TO THOMAS HARTLIEB FOR HIS 15 YEARS OF EXEMPLARY SERVICE TO THE METROPOLITAN ST. LOUIS SEWER DISTRICT FROM MARCH 2, 1998, TO HIS RETIREMENT EFFECTIVE APRIL 1, 2013. Resolution No. 3081 was presented and read. ADOPTION OF RESOLUTION NO. 3082 EXPRESSING THE BOARD OF TRUSTEES’ APPRECIATION TO MICHAEL T. HEIN FOR HIS 30 YEARS OF EXEMPLARY SERVICE TO THE METROPOLITAN ST. LOUIS SEWER DISTRICT FROM AUGUST 9, 1982, TO HIS RETIREMENT EFFECTIVE APRIL 1, 2013. Resolution No. 3082 was presented and read. ADOPTION OF RESOLUTION NO. 3083 EXPRESSING THE BOARD OF TRUSTEES’ APPRECIATION TO BERT L. WILSON FOR HIS 34 YEARS OF EXEMPLARY SERVICE TO THE METROPOLITAN ST. LOUIS SEWER DISTRICT FROM JULY 3, 1978, TO HIS RETIREMENT EFFECTIVE APRIL 1, 2013. Resolution No. 3083 was presented and read. Motion made by Ms. Mandel, seconded by Mr. Ross that Resolution Nos. 3081, 3082, 3083, 3084, 3086 and 3088 be adopted. Motion passed – voice vote, all ayes - - - - Upon motion made Mr. Berry, seconded by Mr. Ross, and unanimously passed, the meeting adjourned at 5:50 p.m. Secretary-Treasurer