HomeMy Public PortalAbout1536th Board Journal 9-12-2013
JOURNAL OF THE (1536th) MEETING OF THE
BOARD OF TRUSTEES
THE METROPOLITAN ST. LOUIS SEWER DISTRICT September 12, 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
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 A. K. Mandel (excused) J. M. Zimmerman, Director of Finance
J. P. Faul R. L. Unverferth, Director of Engineering
V. E. Patton J. C. Sprague, Director of Operations
Also present were Tom Sullivan, 35 N. Central; Ed Sweet, Parsons; Ed O’Donnell;
John Lewis; Joan Jacobson; Byron Saunders, Sr., Local 513; Brian Jennewein, Bricklayers
Local 1; Steve Mooney, Local 513; Gloria Lloyd, Call Newspapers; Trevor Bray, Local 513; Rich
Raulkwen, Local 513; Joe Tubbs, Local 513; Michael Murphy, SEIU Local 1; Jerry Smith, IBEW; Aniceto Ramirez; Terry Briggs, SITE; John Scates, Sen. Roy Blunt; Don Wilborn, JP Morgan; Matt Couch, JP Morgan; John Kahrhoff, IBEW; David Mizell, ABNA; Claude Brown; Ron French,
CDM Smith; Kevin Nelson, Black & Veatch; Chris Bergmann, TWM; Mike Brown, SEIU; Gary
Toribio, URS Corp.; Dan Wilson, ACEC/MO; Adolphus Pruitt, NAACP; Matt Auld, GBA; David
Cavender, Horner & Shifrin; Eric Schneider, St. Louis Regional Chamber; Stephen Gregali, City of St. Louis; Mike Thompson, Local 513; Paul Wiwkelmann, IBEW; Don O’Laughlin, IBEW; Joe Conrad, IBEW; Ed Laux, RJN; Kevin White, RJN; Lawrence Nwachukwu, Basilico; Paul
Metzger, SEIU Local 1; Arnold Jacobson; David Foster; Meredith Springs, Lion CSG; Rob
Kuenzel, Losli Engineering; Mike Grace, MSD; Shonnah Paredes, MSD; Steve Hahn, MSD; Bret
Berthold, Asst. Director of Operations; Marie Collins, Asst. Director of Engineering; Vicki Taylor-Edwards, Director of Human Resources; Barb Mohn, Director of Information Systems; Lance LeComb, Manager of Public Information; and Pam Bell, Secretary to the Executive Director.
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Mr. Buford opened the meeting pursuant to notice and call.
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Motion made by Mr. Berry, seconded by Mr. Faul, that the Board go into closed
session to discuss negotiations with employee groups under §610.021(9), RSMO 1988 SUPP. Motion passed – 4 ayes, no nays
Poll taken: J. Faul aye R. Berry aye M. Yates aye J. Buford aye
Ms. Patton arrived during Closed Session.
During closed session staff updated the Board on the discussions regarding negotiations with employee groups under §610.021(9), RSMO 1988 SUPP. No votes were
taken.
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Upon motion made by Mr. Yates, seconded by Mr. Berry, the Journal of the
August 8, 2013 meeting was approved by unanimous voice vote.
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The Chair commented had no comments.
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Mr. Yates reported that the Program Management Committee met on September
3, 2013 at 7:30 a.m. The meeting was attended by Trustees Yates, Mandel, Patton, Buford and
Berry.
The minutes of the July 30, 2013 meeting were approved.
The agenda items to be introduced tonight were presented and discussed,
including a detailed discussion regarding the following items:
Item 29 – Duchesne Parque Pump Station Elimination – This ordinance appropriates $580,000 and authorizes staff to enter into a contract with Gershenson
Construction to construct approximately 1200 feet of 8-inch sanitary sewers to eliminate the
Duchesne Parque pump station. Mr. Buford asked why we would be eliminating a pump station.
Staff explained that when opportunities arise to eliminate a pump station by gravity sewer the staff determines whether it is cost effective to construct the sewer or continue to operate and maintain the pump station, or remove the station because of other regulatory issues. In this
instance it was found to be cost effective to eliminate the pump station. Mr. Yates asked if we
anticipated more elimination projects. Staff indicated that it does anticipate more opportunities
to eliminate other pumping stations and thus long term maintenance costs to the District. Mr. Yates asked if staff knew how much it costs to maintain a pumping station. Staff indicated that it did not have an exact figure since it varies by station. Staff offered to provide a briefing on the
operation and maintenance of pumping stations at a later meeting. The Board was receptive to
this offer. Staff will arrange a briefing at a later Program Management meeting.
Item 32 – Gaslight Square Sewer Improvements – This ordinance appropriates $800,000 and authorizes staff to enter into a contract amendment with URS Corporation for
preparation of a feasibility study and eventual design of individual strapped plumbing
improvements or new sanitary sewers and a local pumping station to isolate and protect approximately 95 residential properties from the overcharged combined sewer system. Mr.
Buford, being familiar with new development in the area, asked if private developers would be
responsible to pay for these improvements. Staff indicated that totally new construction of
structures or building by private developers would have the basements protected by regulation, but there are numerous existing buildings in the area that were rehabbed over the past years that did not have that requirement and are experiencing building back-ups. MSD will fund the
feasibility study and will identify the most cost effective solution to protect these homes, and
then proceed to final design and ultimate construction of the protection measures. Mr. Berry
questioned the MWBE goal of 10%. Staff indicated that this was a contract amendment on an original contract approved in 2007, which had a goal of 10% at that time. URS is providing a total of 25% MWBE participation for this amendment, bringing the total participation to
approximately 22% which is above the goal.
The meeting was adjourned at 7:56 a.m.
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Ms. Patton reported that the Stakeholder Relations Committee met on August 15, 2013 at 9:30 a.m. In attendance were Trustees Mandel, Berry, Buford, Faul and Yates.
Mr. Hoelscher presented a discussion regarding the District's proposed
Community Benefits Agreement (CBA). He gave a brief explanation of the CBA, its purpose, goals and the involvement of District staff, stakeholders and signatories. Mr. Hoelscher covered the pertinent sections of the agreement and fielded questions from the trustees and the public.
Additionally, Mrs. Edwards assisted by clarifying language in the agreement. This is Item #38
on tonight's agenda.
Next, Mrs. Edwards discussed a contract with SLATE (St. Louis Agency on Training & Employment) to administer the First Source Hiring program. As a recommendation in
the CBA, SLATE is a governmental agency and will administer the First Source Hiring program,
which will provide training and outreach to unemployed and underemployed residents and
tracking services, in addition to providing eligibility listings to contractors of available resources to work on MSD projects. This is Item #34 on tonight's agenda.
Finally, Mr. Hoelscher presented a Budget Supplement Request of surplus monies
to fund the activities and expenses incurred in implementing the CBA. This is Item #33 on
tonight's Agenda. The meeting was adjourned at 10:55 a.m.
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Mr. Berry reported that the Finance Committee met at 7:35 A.M. on September 10,
2013. In attendance were Trustees Faul, Buford and Mandel.
The minutes from the August 6, 2013 meeting were approved. The proposed items on tonight’s agenda were presented and discussed as follows:
Item 40: Shook, Hardy & Bacon Contract Renewal - This resolution authorizes the Staff to enter into a one-year contract with Shook, Hardy and Bacon, LLP to provide legal
consulting services in the area of environmental law. This is the last of two one-year extensions.
Services will be provided as needed on an hourly cost basis.
Item 36: Designation of Wastewater Bond Underwriting Team - This ordinance designates the team of investment underwriting firms needed to issue the District’s series 2013B
wastewater revenue bonds. This ordinance authorizes the District to enter into an agreement
with the team’s Senior Manager, J.P. Morgan and execute all other necessary documents. The
proposed team is comprised of a Senior Manager, J.P. Morgan Securities and six other managers, Barclays Capital, Edward D. Jones & Co., Stifel, Nicolaus & Company, Inc., Valdes & Moreno, Stern Brothers & Co. and Backstrom McCarley Berry & Co. Priority will be given to
Missouri retail orders. In the event orders exceed available bonds, MWBE firms will be
allocated up to 30% of retail orders. 30% of the total institutional orders will be allocated to
MWBE firms with no single firm in the syndicate receiving more than 50%. The minimum institutional allocation is 5%.
Item 35: Subordinate Wastewater Revenue Bonds - This ordinance authorizes the
District to issue $52,000,000 in 20 year, fixed rate subordinate wastewater revenue bonds
issued through the State of Missouri-Direct Loan Program. These Series 2013A bonds are designated to fund the Public I/I Reduction Program Phase I and Missouri River Treatment Plant Expansion & Disinfection Phase III.
Item 37: Low Income Assistance Program - This ordinance repeals Ordinance No.
13488, adopted September 27, 2012, and enacts a new ordinance allowing the District to electronically apply a 50% sewer charge discount to customers eligible for MSD’s Low Income Assistance.
2014 Legislative Priorities: Proposed general, financial and regulatory priorities for
the 2014 Federal and State Legislative sessions were presented to the Committee. Financial Advisory Services: ButcherMark, an MWBE firm under contract with the
District for 20%, has changed business lines and will no longer provide financial advisory
services in conjunction with Public Financial Management (PFM). PFM has agreed to
subcontract 25% of the financial advisory services to a MWBE firm, Independent Advisory Group. This report was informational only and required no Committee action.
Quarterly Pension Investment Report: Ms. Finny-Cooke from New England
Pension Consultants (NEPC) provided a status of the District pension investments as of June
30, 2013. Pension fund assets totaled approximately $228.4 million, a decrease of $0.4 million over the prior quarter. The fund has consistently performed in the top 1/3 nationally over the past five years and in the top national quartile over the last ten. Ms. Schaefer noted this was the
last report by NEPC due to a recent RFP resulting in the award of this contract to Pavilion
Advisory Group. The Committee commended and thanked NEPC for its services over during its
10-year association with the District. Other Committee Business: The July 2013 Adjustment Review Committee report
was accepted into the record as required by ordinance. The District finished the 2013 fiscal year
$2.2 million under budget. The District's financial condition will be reported on a quarterly basis
beginning November. The meeting adjourned at 8:17 a.m. The next meeting is scheduled for Tuesday,
October 8th at 7:30 a.m. This concludes the Finance Committee Report.
At this time I would like to make a motion that the Board accept the 2014 Federal
& State Legislative Priorities as updated and presented at the committee meeting.
Motion made by Mr. Berry, seconded by Mr. Yates that the Federal and State Legislative priorities be accepted.
Motion passed – voice vote, all ayes.
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Mr. Hoelscher reported on the status of the proposed Community Benefits
Agreement which is item #38 on the agenda. Contrary to what I reported at the Stakeholder’s Committee on August 15, an ordinance is required to execute this agreement instead of a resolution. As such, staff will be seeking introduction of an ordinance tonight to be followed by a
planned request for adoption at the October Board meeting. Staff continues to work with
stakeholders on specific language and this will allow the planned acceptance of the Community
Benefits Agreement in October to coincide with the approval of the additional funds requested for this fiscal year. Related to this effort, I want to also inform the Board that at the November Stakeholder’s Committee meeting, staff plans to review the status and results of the District’s
entire diversity effort.
Next, a last minute resolution related to the preparation of the District’s year-end financial statements has been added to tonight’s agenda and as such was not discussed in committee. I would like Jan Zimmerman to quickly review the resolution and answer any
questions. Ms. Zimmerman provided the Board with the details on Resolution 3110 that
transfers $12.5 million excess Bond Reserves to the General Fund. It was brought to her
attention by the auditors as part of the annual audit that the transfer could be made. It was verified with the Bond Counsel. This transfer will allow the District to reflect these dollars on our year-end financial statement in a way that it further strengthens our cover ratios as we go in
for the next bond issuance.
Finally, Bret Berthold will present the most recent regulatory update. Mr. Berthold presented the Quarterly Regulatory Compliance Report for the 2nd quarter 2013. This presentation covered Plant Compliance, Customer Service on Time Calls, and some Collection
System metrics. He stated that there were two violations.
The Coldwater Treatment Plant exceeded the oil and grease limits during the investigation. The cause could not be determined. Previously, this amount of oil and grease has never flowed through our system.
The Lemay Treatment Plant had two violations which were the same. Due to a wet
spring, the treatment plant experienced very high flows which caused a violation for total suspended solids on weekly basis. For the quarter, we monitored over a thousand points and overall, we were compliant.
The Emergency Response was 71% for the quarter. We had a wet spring with
some very frequent and intense rains which caused the percent to decrease. Based on the evaluation of the situation, MSD is addressing the issues and the percentage should increase the next quarter.
There were 133 water backups for the quarter. One backup could involve multiple residences such as apartments and condos.
There was 50 Maintenance Related Overflow (Dry Weather) for the quarter. This
is in line with the previous quarter and is due to the cleaning efforts as well as maintenance issues.
The Capacity Related building backups due to overcharged mains was 405 events
due to 20 inches of rain. Spring of 2011, there were 653 events and this shows the
improvements based on the preventive maintenance being done. Other Compliance data reported by Mr. Berthold was as follows:
• Sanitary Sewer Overflow was down to 153, one less than the previous quarter
• Constructed Overflow Activations were 93 – on par for amount of rain received
• Plant Compliance – 99.97% - YTD slightly higher • Customer Response – 71% - YTD 80% • Maintenance Backups 1.3 - goal is 1.0
• Maintenance Overflow 3.1 – YTD 2.7 – goal is 4
Mr. Berry asked if any of the capacity related building backups had occurred on a line where a sanitary overflow was removed.
Mr. Berthold did not know but will find out and report back to the Board.
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Mr. Tom Sullivan addressed the Board and stated that he does not believe the
minutes properly reflect his comments for the last Board meeting. He then mentioned the issue of individuals not filing disclosure statement, and the issue of charging him for two hours of legal review and believes MSD has violated the ethic’s and sunshine laws.
Next, he discussed item #31 asking why the District is not doing more of this work
in house. Next, he discussed Item #32, which is $800,000 for engineering services and is $300,000 more than what was in the Capital Improvement budget included in the feasibility, evaluation, technical memorandum.
He concluded by commenting on the designation of the underwriting team stating
the history, issues and concerns with some of the firms selected.
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Mr. John Scates addressed the Board with a concern about the increase in his sewer bill. He stated he had contacted customer service and was not given much information to
help with his issue. Ms. Zimmerman replied that MSD could look at the change in usage; at
times the water company uses estimates rather than actual meter readings. We are able to go
back and research and address if there is a problem.
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Mr. Adolphus Pruitt addressed the Board and asked the Board to vote in favor of
items 33, 34 and 38. He stated that Mr. Theerman made a statement last year that MSD was
getting serious about setting an example for the rest of the region. Talks started last year with Mr. Theerman and staff, and we support the finished product 100%. We have been using the same process with a number of entities and government organizations to move them in the
same direction, and hopes the whole region will be where MSD is now. Mr. Buford thanked Mr.
Pruitt for hearing good things about MSD, especially from the oldest Civil Rights organization
and gave commendations to the staff and Mr. Brown.
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Mrs. Joan Jacobson addressed the Board, distributed and read her statement to the Board of Trustees of her complaint about the storm sewer under her property and her
neighbor’s property. Mr. Hoelscher stated he and Mr. Unverferth would go through the entire
statement and have an answer to her and the Board, regarding each item, at the next meeting.
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Mr. Ed O’Donnell addressed the Board regarding the Paultry Corporation property of 15.5 acres on Lindbergh and Conway Road. Twenty-three homes are being built and it would have an impact on Deer Creek. The property is in the flood plain but the city is allowing them to
build. There is a retention basin, which has certain specifications. He would like to meet with
MSD’s engineer who has given the approval for the plans for the retention basin to be sure it is
adequate, as it could have an impact of flooding at his home. Mr. Unverferth agreed to have one of his staff set up a meeting. Mr. Berry inquired, was it Mr. O’Donnell’s belief that MSD has already given a permit for the basin? Mr. O’Donnell replied that the city has given its permission
even though it is a flood plain. He just wants to be assured that the retention basin will be big
enough.
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Mr. Steve Mooney, Business Representative of Local 513, wanted to comment on the contract agreement that was signed and the compensation study. He wanted to point out that the local has been against this compensation study since the beginning, even when it was
introduced to the Civil Service Commission. At the start of the negotiations, MSD had a 30
minute power point presentation about the study. We felt it had no place in the negotiations.
We asked if someone could take minutes of the negotiation meetings and that was refused. He stated that at no time did Local 513 or any of the other trades indicate acceptance of those results of the compensation study or agree to any terms of the study any time during the
negotiations for the operating engineers or any of the other trades. He expressed how could it
be a fair study when 8 of the 22 states were right to work states? Mr. Mooney found out that
some of the work was outsourced. On May 8, he sent an email to Ms. Taylor Edwards requesting the wages, not names, from the districts that were in the study. She replied under the Sherman Antitrust Act, it is not allowed for the survey to provide the rates only the
companies. He responded back that his purpose was to formulate a response for collective
bargaining not to find out what a competitor employer is paying. Intentions were to find out what a comparable employee was being paid based on the study. The Sherman Act regulates anti-
competitive actions on a bidding process.
Mr. Sprague contacted Mr. Mooney in the middle of the summer to see if he could hire two new operators 2 steps below the normal hiring rate and if there was a problem, he could wait until after this meeting. Mr. Mooney agreed as long as the pay would be retroactive if
this compensation study was not agreed upon and failed. Mr. Sprague had no problem with
that.
Mr. Mooney commented that the trades have negotiated a deal for all employees across the board that is fair and compensates employees for their skill, ability, and years of
service. At no time did we agree to anything else. He feels that MSD’s negotiating team is
trying to unilaterally cut the deal using the compensation study to freeze wages.
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Mr. John Karhoff, Business Representative with Electrical Workers #1 and lead negotiator for the multi- union trade agreement between MSD and the trade unions, stated that on July 3 an agreement was signed between MSD and the unions. This agreement was
brought to the union members and ratified on July 17. At the stakeholders meeting on July 18,
an ordinance was introduced to carve out 15 members represented by the Operating Engineers
union that would freeze their wages during the whole term of the collective bargaining agreement. He is requesting that the Board recommend to MSD management to stick to the agreement signed on July 3. He feels collective bargaining is a bilateral exchange between the
District and the unions and you cannot use a compensation plan to bring an ordinance to
change classifications and lower wages after the negotiations are finished.
Mr. Buford communicated with the speakers who addressed the compensation study and the contract that all remarks will be taken under consideration, and encouraged them
to please continue talking and the Board would talk with the staff.
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CONSENT AGENDA
ADOPTION OF PROPOSED ORD. NO. 13706 APPROPRIATING $40,000.00 FROM THE OPERATION, MAINTENANCE, CONSTRUCTION AND IMPROVEMENT FUND OF WATKINS
CREEK TO BE COMBINED WITH $146,406.00 REMAINING FROM A PREVIOUS
APPROPRIATION OF $260,000.00 BY ORDINANCE NO. 12989 ADOPTED DECEMBER 10,
2009, TO BE USED FOR PROJECT COSTS FOR THE CONSTRUCTION OF STORM SEWERS IN LAKE VILLAGE STORM IMPROVEMENTS COMPLETION (10288), 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 CONTRACT NO. 20053
WITH TAP UTILITIES, LLC FOR THE AFORESAID STORM SEWER CONSTRUCTION. ADOPTION OF PROPOSED ORD. NO. 13707 APPROPRIATING $540,000.00 FROM THE
GENERAL FUND OF THE DISTRICT FOR THE OPERATION AND MAINTENANCE OF
STREAM FLOW GAUGES IN STREAM FLOW GAUGE OPERATION AND MAINTENANCE (USGS) (M-561) (10766); AND AUTHORIZING THE EXECUTIVE DIRECTOR AND
SECRETARY-TREASURER ON BEHALF OF THE METROPOLITAN ST. LOUIS SEWER
DISTRICT TO ENTER INTO CONTRACT NO. 10422 U.S. GEOLOGICAL SURVEY FOR THE
AFORESAID SERVICES. ADOPTION OF PROPOSED ORD. NO. 13708 APPROPRIATING $2,800,000.00 FROM THE
SANITARY REPLACEMENT FUND TO BE USED FOR PROJECT COSTS FOR THE
REHABILITATION OF SANITARY SEWERS IN BISSELL - COLDWATER - MISSOURI -
MERAMEC PUBLIC I/I REDUCTION (2014) (11852), IN THE CITIES OF NORMANDY, FERGUSON, NORWOOD 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 CONTRACT NO.
20064 WITH INSITUFORM TECHNOLOGIES USA, INC. FOR THE AFORESAID SANITARY
SEWER REHABILITATION. ADOPTION OF PROPOSED ORD. NO. 13709 APPROPRIATING $8,700,000.00 FROM THE
GENERAL FUND FOR CONSTRUCTION OF GREEN INFRASTRUCTURE FOR CSO
VOLUME REDUCTION GREEN INFRASTRUCTURE (11146) AT VARIOUS LOCATIONS IN
THE CITY OF ST. LOUIS, MISSOURI. ADOPTION OF PROPOSED ORD. NO. 13710 AUTHORIZING THE EXECUTIVE DIRECTOR
AND SECRETARY TREASURER ON BEHALF OF THE METROPOLITAN ST. LOUIS SEWER
DISTRICT TO ENTER INTO AN AGREEMENT WITH THE CORTEX DISTRICT FOR COST
SHARING FOR GREEN INFRASTRUCTURE – CSO VOLUME REDUCTION GREEN INFRASTRUCTURE CORTEX DISTRICT PHASE I (P-29761-00) (11966).
ADOPTION OF PROPOSED ORD. NO. 13711 APPROPRIATING $681,000.00 FROM THE
GENERAL FUND FOR COST SHARING FOR GREEN INFRASTRUCTURE – CSO VOLUME
REDUCTION GREEN INFRASTRUCTURE – NORTH SARAH PHASE II (P-29426-01 & 02) (11968) AND AUTHORIZING THE EXECUTIVE DIRECTOR AND SECRETARY TREASURER ON BEHALF OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT TO ENTER INTO A
COST SHARING AGREEMENT FOR GREEN INFRASTRUCTURE WITH THE ST. LOUIS
HOUSING AUTHORITY.
ADOPTION OF PROPOSED ORD. NO. 13712 APPROPRIATING $3,000,000.00 FROM THE SANITARY REPLACEMENT FUND TO BE USED FOR COSTS ASSOCIATED WITH
NEGOTIATION AND/OR CONDEMNATION FOR THE ACQUISITION OF NECESSARY
PROPERTY RIGHTS FROM EASEMENT ACQUISITION FOR COMBINED/SANITARY
PROJECTS (FY 2014) (11742) THROUGHOUT THE ENTIRE DISTRICT. ADOPTION OF PROPOSED ORD. NO. 13713 APPROPRIATING $760,000.00 FROM THE
SANITARY REPLACEMENT FUND TO BE USED FOR PROJECT COSTS FOR THE
REHABILITATION OF SANITARY SEWERS IN SUN VALLEY I/I REDUCTION (10770), IN THE
CITY OF JENNINGS 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 CONTRACT NO.
20043 WITH INSITUFORM TECHNOLOGIES USA, INC. FOR THE AFORESAID SANITARY
SEWER REHABILITATION.
ADOPTION OF PROPOSED ORD. NO. 13714 APPROPRIATING $930,000.00 FROM THE SANITARY REPLACEMENT FUND TO BE USED FOR PROJECT COSTS FOR THE
CONSTRUCTION OF SANITARY SEWERS IN UPPER JESKE PARK LATERAL SANITARY
RELIEF (SKME-314) (10781), IN THE CITY OF FERGUSON, MISSOURI; AND AUTHORIZING THE EXECUTIVE DIRECTOR AND SECRETARY-TREASURER ON BEHALF OF THE
METROPOLITAN ST. LOUIS SEWER DISTRICT TO ENTER INTO CONTRACT NO. 20059
WITH FRED M. LUTH & SONS, INC. FOR THE AFORESAID SANITARY SEWER
CONSTRUCTION. ADOPTION OF PROPOSED ORD. NO. 13715 APPROPRIATING $2,100,000.00 FROM THE
SANITARY REPLACEMENT FUND TO BE USED FOR PROJECT COSTS FOR THE
REHABILITATION OF SANITARY SEWERS IN INFRASTRUCTURE REPAIRS
(REHABILITATION) (FY2013) CONTRACT C (11846), IN VARIOUS MUNICIPALITIES 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 CONTRACT NO. 20062 WITH INSITUFORM TECHNOLOGIES
USA, INC. FOR THE AFORESAID SANITARY SEWER REHABILITATION.
ADOPTION OF PROPOSED ORD. NO. 13716 AUTHORIZING THE EXECUTIVE DIRECTOR AND SECRETARY-TREASURER ON BEHALF OF THE METROPOLITAN ST. LOUIS SEWER
DISTRICT TO ENTER INTO A CONTRACT WITH MILLIMAN, INC., WHEREBY MILLIMAN,
INC., WILL PROVIDE ACTUARIAL SERVICES FOR THE DISTRICT'S PENSION PLAN,
DEFINED CONTRIBUTION PLAN, ACCRUED SICK LEAVE PROGRAM AND VACATION ACCRUAL, AS WELL AS GASB 45 POST RETIREMENT BENEFITS REPORTING; AND CONSULTANT SERVICES FOR THE DISTRICT'S RISK MANAGEMENT DIVISION.
ADOPTION OF PROPOSED ORD. NO. 13717 AUTHORIZING THE EXECUTIVE DIRECTOR
AND SECRETARY-TREASURER TO LEASE CERTAIN REAL PROPERTY OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT, LYING IN THE CITY OF ST. LOUIS, MISSOURI CONSISTING OF A RECTANGULAR-SHAPED PARCEL LOCATED IN THE
NORTHERNMOST CORNER OF THE BISSELL TREATMENT PLANT PROPERTY,
ADJACENT TO PROPERTY OF ARCHER-DANIELS-MIDLAND COMPANY (ADM COMPANY)
AND BOUNDED BY EAST PRAIRIE STREET, AND TO EXECUTE A LEASE AGREEMENT UPON THE CONDITIONS HEREINAFTER SET OUT.
ADOPTION OF PROPOSED ORD. NO. 13718 AUTHORIZING THE EXECUTIVE DIRECTOR
AND SECRETARY-TREASURER ON BEHALF OF THE METROPOLITAN ST. LOUIS SEWER
DISTRICT TO ENTER INTO A CONTRACT WITH KYNA IMAN, LLC FOR STATE LEGISLATIVE LOBBYING SERVICES, WHEREBY KYNA IMAN, LLC WILL PROVIDE STATE LEGISLATIVE LOBBYING SERVICES FOR THE DISTRICT.
ADOPTION OF PROPOSED ORD. NO. 13719 AUTHORIZING THE EXECUTIVE DIRECTOR
AND SECRETARY-TREASURER ON BEHALF OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT TO ENTER INTO A CONTRACT WITH PAVILION ADVISORY GROUP, INC. WHEREBY PAVILION ADVISORY GROUP, INC. WILL ACT AS THE EMPLOYEE PENSION
FUND INVESTMENT CONSULTANT FOR THE DISTRICT AND PROVIDE INVESTMENT
ADVISORY SERVICES FOR THE DISTRICT’S DEFERRED COMPENSATION PLAN AND
DEFINED CONTRIBUTION PLAN. ADOPTION OF PROPOSED ORD. NO. 13720 AUTHORIZING THE EXECUTIVE DIRECTOR
AND SECRETARY-TREASURER ON BEHALF OF THE METROPOLITAN ST. LOUIS SEWER
DISTRICT TO ENTER INTO A CONTRACT WITH NETELLIGENT CORPORATION FOR THE
HARDWARE, SOFTWARE AND PROFESSIONAL SERVICES TO UPGRADE THE DISTRICT’S EXISTING CISCO UNIFIED TELEPHONE SYSTEM.
ADOPTION OF PROPOSED ORD. NO. 13721 REPEALING ORDINANCE NO. 13307 AS
ADOPTED SEPTEMBER 8, 2011, AND ENACTING A NEW ORDINANCE IN LIEU THEREOF, ESTABLISHING A CONFLICT OF INTEREST POLICY FOR DISTRICT TRUSTEES,
OFFICERS AND EMPLOYEES.
ADOPTION OF PROPOSED ORD. NO. 13722 AUTHORIZING THE EXECUTIVE DIRECTOR AND SECRETARY-TREASURER TO LEASE CERTAIN REAL PROPERTY OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT, LYING IN THE CITY OF ST. LOUIS,
MISSOURI KNOWN AND NUMBERED AS 3820 BATES TO HOLLY HILLS IMPROVEMENT
ASSOCIATION, AND TO EXECUTE A LEASE AGREEMENT UPON THE CONDITIONS
HEREINAFTER SET OUT.
Motion made by Mr. Yates, seconded by Ms. Patton, that the Consent Agenda be
adopted.
Motion passed – 5 ayes, no nays
Poll taken: J. Buford aye M. Yates aye
J. Faul aye V. Patton aye
R. Berry 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. 13723 DECLARING THE NECESSITY FOR THE ACQUISITION OF EASEMENTS AND TEMPORARY EASEMENTS 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 AYRES SANITARY RELIEF AND I/I REDUCTION (10523) TO SERVE THE NEEDS OF RESIDENTS OF THE AREA, AND AUTHORIZING STAFF TO PROCEED WITH FURTHER CONDEMNATION EFFORTS RELATED TO THE PROJECT, INCLUDING
BUT NOT LIMITED TO THE PURCHASE AND/OR THE FILING OF ALL NECESSARY COURT
PLEADINGS OR DOCUMENTS TO COMMENCE AND PROSECUTE FORMAL LEGAL PROCEEDINGS FOR THE ACQUISITION OF SAID EASEMENTS AND TEMPORARY
CONSTRUCTION EASEMENTS.
Proposed Ord. No. 13723 was presented and read. This ordinance authorizes the staff to proceed with further condemnation efforts including the filing of all necessary court pleadings or documents leading to the acquisition of permanent sewer easements and
temporary construction easements on two (2) parcels of ground located in St. Louis County,
Missouri. These easements are needed to construct this project, which consists of the
construction of approximately 3,825 feet of 8-inch to 12-inch diameter sanitary sewers, private I/I reduction on several properties, and appurtenances. This project will provide for the elimination of two (2) sanitary sewer overflows, and alleviate basement backups for approximately 15
properties. These easements have been appraised. Currently, the District has been unable to
negotiate a settlement with the owners. This project is now tentatively scheduled to begin
construction in FY2014. Motion made by Ms. Patton, seconded by Mr. Faul that proposed Ord. No. 13723
be introduced.
Motion passed – 5 ayes, no nays Poll taken: J. Buford aye R. Berry aye
J. Faul aye V. Patton aye
M. Yates aye
INTRODUCTION OF PROPOSED ORD. NO. 13724 APPROPRIATING $2,900,000.00 FROM
THE SANITARY REPLACEMENT FUND TO BE USED FOR PROJECT COSTS FOR THE
CONSTRUCTION OF SANITARY SEWERS IN CC-17 FOUR SEASONS BRANCH SANITARY
RELIEF PHASE II (10549), IN THE CITY OF CHESTERFIELD, MISSOURI; AND AUTHORIZING THE EXECUTIVE DIRECTOR AND SECRETARY-TREASURER ON BEHALF OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT TO ENTER INTO CONTRACT NO.
20070 WITH J. H. BERRA CONSTRUCTION CO., INC. FOR THE CONSTRUCTION OF THE
AFORESAID SANITARY SEWERS.
Proposed Ord. No. 13724 was presented and read. The work to be done under Contract #20070 consists of the construction of approximately 3,300 lineal feet of sanitary pipe
sewers varying in size from 8-inches to 15-inches in diameter, approximately 125 lineal feet of
storm pipe sewers 18-inches in diameter and appurtenances, and 92 lineal feet of cured-in-
place lining. The purpose of this project is to alleviate basement backups and overcharged sanitary sewers. This project will eliminate one (1) sanitary sewer overflow (BP-033). This project is scheduled to be completed in 390 days.
Motion by Mr. Berry, seconded by Mr. Yates that proposed Ord. No. 13724 be
introduced. Motion passed – 5 ayes, no nays
Poll taken: J. Buford aye R. Berry aye
J. Faul aye V. Patton aye M. Yates aye
INTRODUCTION OF PROPOSED ORD. NO. 13725 APPROPRIATING $580,000.00 FROM THE SANITARY REPLACEMENT FUND TO BE USED FOR PROJECT COSTS FOR THE
CONSTRUCTION OF SANITARY SEWERS IN DUCHESNE PARQUE NO. 1 PUMP STATION
ELIMINATION (P-407) (10335), 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 CONTRACT NO. 20068 WITH GERSHENSON CONSTRUCTION CO., INC. FOR THE
CONSTRUCTION OF THE AFORESAID SANITARY SEWERS.
Proposed Ord. No. 13725 was presented and read. The work to be done under Contract #20068 consists of the construction of approximately 1,261 lineal feet of 8-inch sanitary sewers and required upgrades to the Walden Ridge Pump Station (P-517). The purpose of this
project is to eliminate a pump station. This project is scheduled to be completed in 365 days.
Motion by Ms. Patton, seconded by Mr. Buford that proposed Ord. No. 13725 be introduced.
Motion passed – 5 ayes, no nays
Poll taken: J. Buford aye R. Berry aye J. Faul aye V. Patton aye M. Yates aye
INTRODUCTION OF PROPOSED ORD. NO. 13726 APPROPRIATING $110,000.00 FROM THE SANITARY REPLACEMENT FUND TO BE USED FOR PROJECT COSTS FOR ELECTRIC UTILITY POLE RELOCATION IN GRAVOIS TRUNK (WHITECLIFF TO RDP)
SANITARY RELIEF PHASE III (SKME-521) (10496) 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 AN AGREEMENT WITH UNION ELECTRIC COMPANY D/B/A AMEREN-MISSOURI FOR THE AFORESAID PROJECT.
Proposed Ord. No. 13726 was presented and read. The work to be done under
Contract #20077consists of the relocation of utility poles along a 1,300 foot corridor that are in conflict with the proposed Gravois Trunk (Whitecliff to RDP) Sanitary Relief Phase III (SKME-521) (10496) project. This work will be completed under an agreement with Ameren-Missouri
while easements are being obtained for the remainder of the project.
Motion made by Mr. Yates, seconded by Mr. Berry that proposed Ord. No. 13726 be introduced.
Motion passed – 5 ayes, no nays
Poll taken: J. Buford aye R. Berry aye J. Faul aye V. Patton aye M. Yates aye
INTRODUCTION OF PROPOSED ORD. NO. 13727 MAKING AN APPROPRIATION OF $190,000.00 FROM THE SANITARY REPLACEMENT FUND FOR ADDITIONAL ENGINEERING SERVICES FOR THE DESIGN OF THE BAUMGARTNER & BLACK FOREST
SANITARY REPLACEMENT (10066) (E-1253); AND AUTHORIZING THE EXECUTIVE
DIRECTOR AND SECRETARY-TREASURER TO ENTER INTO AMENDMENT NO. 5 TO CONTRACT NO. 10854 WITH HEIDEMAN & ASSOCIATES, INC. FOR THE AFORESAID
SERVICES.
Proposed Ord. No. 13727 was presented and read. The work to be done under Contract #10854 authorizes the District to enter into Amendment No. 5 with Heideman & Associates, Inc. for the revised design and preparation of construction documents for
approximately 2,100 feet of 8-inch to 15-inch diameter sanitary sewer and appurtenances. This
amendment provides for revising the alignment for the second phase of this project to
coordinate with the reduction in scope of the Baumgartner Roadway project being performed by St. Louis County. This project will provide for the elimination of overflows from several manholes near the creek during wet weather and relocate existing sewers that are exposed in
the creek. The preliminary construction cost estimate is $2,400,000.00. Construction is
anticipated to begin in FY2016. The amended design appropriation is $648,100.00.
Motion made by Mr. Berry, seconded by Mr. Yates that proposed Ord. No. 13727 be introduced.
Motion passed – 5 ayes, no nays
Poll taken: J. Buford aye R. Berry aye J. Faul aye V. Patton aye
M. Yates aye
INTRODUCTION OF PROPOSED NO. 13728 MAKING AN APPROPRIATION OF $800,000.00 FROM THE GENERAL FUND FOR ADDITIONAL ENGINEERING SERVICES FOR THE
DESIGN OF THE GASLIGHT SQUARE SEWER IMPROVEMENTS (11137) & (E-1211); AND
AUTHORIZING THE EXECUTIVE DIRECTOR AND SECRETARY-TREASURER TO AMEND
CONTRACT NO. 10948 WITH URS CORPORATION FOR THE AFORESAID SERVICES. Proposed Ord. No. 13728 was presented and read. This ordinance authorizes the
District to amend Contract #10948 with URS Corporation for the design of the Gaslight Square
Sewer Improvements (11137) project as part of the Western Mill Creek Combined Sewer
System (10187) project. Gaslight Square Sewer Improvements (11137) is a lump sum cost project for preparing a Feasibility Evaluation Technical Memorandum (TM) comparing strapped plumbing and SSPs to a public sewer and pump station for alleviation of building backups in a
combined sewer area. After completion of the Feasibility Evaluation TM, the design and
preparation of construction documents will proceed for strapped plumbing and SSPs on 95
residential properties or approximately 4,600 feet of 12-inch to 24-inch combined sewers, a pump station and appurtenances. Construction is anticipated to begin in FY2017. The amended design appropriation is $2,300,000.00.
Motion made by Mr. Yates, seconded by Mr. Berry that proposed Ord. No. 13728
be adopted. Motion passed – 5 ayes, no nays
Poll taken: J. Buford aye R. Berry aye
J. Faul aye V. Patton aye M. Yates aye
INTRODUCTION OF PROPOSED ORD. NO. 13729 MAKING A SUPPLEMENTAL APPROPRIATION OF $365,000.00 TO THE GENERAL FUND 2013-2014 BUDGET TO
PROVIDE FOR THE IMPLEMENTATION OF THE DISTRICT’S MINORITY AND WOMEN
BUSINESS ENTERPRISE (MWBE) PROGRAM AND COMMUNITY BENEFITS AGREEMENT
(CBA). Proposed Ord. No. 13729 was presented and read. This ordinance provides
funding necessary to support the Community Benefits Agreement included in the District’s
MWBE program.
Motion made by Ms. Patton, seconded by Ms. Yates that proposed Ord. No. 13729 be introduced.
Motion passed – 5 ayes, no nays
Poll taken: J. Buford aye R. Berry aye J. Faul aye V. Patton aye
M. Yates aye
INTRODUCTION OF PROPOSED ORD. NO. 13730 AUTHORIZING THE EXECUTIVE DIRECTOR ON BEHALF OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT TO ENTER
INTO A CONTRACT WITH SLATE – MISSOURI CAREER CENTER TO ADMINISTER THE
FIRST SOURCE HIRING PROGRAM IN THE CITY OF ST. LOUIS AND ST. LOUIS COUNTY,
MISSOURI. Proposed Ord. No. 13730 was presented and read. This ordinance executes a
contract in accordance with section 5 of the proposed Community Benefits Agreement the hiring
of a governmental agency to administer the First Source Hiring Program.
Motion by Mr. Yates, seconded by Ms. Patton that proposed Ord. No. 13730 be introduced.
Motion passed – 5 ayes, no nays
Poll taken: J. Buford aye R. Berry aye J. Faul aye V. Patton aye
M. Yates aye
INTRODUCTION OF PROPOSED ORD. NO. 13731 AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $52,000,000 PRINCIPAL AMOUNT OF SUBORDINATE WASTEWATER
SYSTEM REVENUE BONDS (STATE OF MISSOURI – DIRECT LOAN PROGRAM) SERIES
2013A OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT, FOR THE PURPOSE OF
IMPROVING, RENOVATING, REPAIRING, REPLACING AND EQUIPPING THE DISTRICT’S WASTEWATER SYSTEM; PRESCRIBING THE FORM AND DETAILS OF THE BONDS AND THE AGREEMENTS MADE BY THE DISTRICT TO FACILITATE AND PROTECT THEIR
PAYMENT; AND PRESCRIBING OTHER RELATED MATTERS.
Proposed Ord. No. 13731 was presented and read. This ordinance is authorizing the first phase of funding through a direct loan agreement with the State of Missouri that will carry a serial 20 year repayment and a loan amount of $52,000,000. This loan will carry a fixed
interest rate equal to 30% of the 25 year municipal revenue bond index at time of closing and
will be used for the construction of specific projects to eliminate Inflows and Infiltration into MSD’s wastewater system and the Missouri River Treatment Plant Expansion and disinfection
project construction phase.
Motion by Ms. Patton, seconded by Mr. Berry that proposed Ord. No. 13731 be introduced.
Motion passed – 5 ayes, no nays
Poll taken: J. Buford aye R. Berry aye J. Faul aye V. Patton aye M. Yates aye
INTRODUCTION OF PROPOSED ORD. NO. 13732 DESIGNATING THE UNDERWRITING TEAM FOR AN ISSUE OF WASTEWATER SYSTEM REVENUE BONDS, SERIES 2013B OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT.
Proposed Ord. No. 13732 was presented and read. This ordinance designates the
firms to underwrite the Series 2013B Bonds; authorizes the District to enter into an agreement with the Series 2013B Senior Manager; and authorizes District officials to execute necessary documents.
Motion made by Mr. Yates, seconded by Mr. Buford that proposed Ord. No. 13732
be introduced. Motion passed – 5 ayes, no nays
Poll taken: J. Buford aye R. Berry aye
J. Faul aye V. Patton aye M. Yates aye
INTRODUCTION OF PROPOSED ORD. NO. 13733 REPEALING ORDINANCE NO. 13488, AS
ADOPTED SEPTEMBER 27, 2012, AND ENACTING A NEW ORDINANCE IN LIEU THEREOF ESTABLISHING A LOW INCOME ASSISTANCE PROGRAM PROVIDING FOR REDUCED WASTEWATER USER CHARGES AND STORMWATER SERVICE CHARGES TO ELIGIBLE
LOW INCOME CUSTOMERS OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT.
Proposed Ord. No. 13733 was presented and read. This ordinance enhances Program whereby customers do not have to submit a coupon in order to receive the low income discount on their bill but instead their account is automatically billed at the discounted rate.
Motion made by Mr. Berry, seconded by Ms. Patton that proposed Ord. No. 13733
be introduced. Motion passed – 5 ayes, no nays
Poll taken: J. Buford aye R. Berry aye
J. Faul aye V. Patton aye M. Yates aye
INTRODUCTION OF PROPOSED ORD. NO. 13734 AUTHORIZING THE EXECUTIVE DIRECTOR ON BEHALF OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT, TO
ENTER INTO A COMMUNITY BENEFITS AGREEMENT (CBA) WITH ST. LOUIS AREA
COMMUNITY GROUPS AND/OR ORGANIZATIONS ("SIGNATORIES") WHEREBY THE CBA
DESCRIBES HOW THE DISTRICT AND SIGNATORIES WILL WORK TOGETHER TOWARDS MEETING VENDOR AND WORKFORCE DIVERSITY GOALS.
Proposed Ord. No. 13734 was presented and read. This ordinance allows for a
community benefits agreement between the District and willing signatories. The agreement
describes the investment in time and resources that the District will make to assist its stakeholders in meeting the District’s vendor and workforce diversity goals. It also outlines the involvement the signatories will have in the execution and oversight of the community benefits
agreement in exchange for a commitment by the signatories to refrain from litigation or other
actions involving the CIRP.
Motion made by Mr. Berry, seconded by Mr. Yates that proposed Ord. No. 13734 be introduced.
Motion passed – 5 ayes, no nays
Poll taken: J. Buford aye R. Berry aye J. Faul aye V. Patton aye
M. Yates aye
Resolutions
ADOPTION OF RESOLUTION NO. 3108 WHEREAS ORDINANCE NO. 13464, ADOPTED
AUGUST 9, 2012, AUTHORIZED THE EXECUTIVE DIRECTOR AND SECRETARY-
TREASURER ON BEHALF OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT TO AMEND A CONTRACT WITH JASON CONSULTANTS, LLC WHERE BY JASON CONSULTANTS, LLC WOULD PROVIDE A SECOND YEAR EXTENSION OF A RECURRING
FORCE MAIN NON-DESTRUCTIVE EVALUATION (CONDITION ASSESSMENT)
PROFESSIONAL SERVICES AGREEMENT THROUGHOUT THE CITY OF ST. LOUIS AND
ST. LOUIS COUNTY, MISSOURI. Resolution No. 3108 was presented and read.
ADOPTION OF RESOLUTION NO. 3109 WHEREAS ORDINANCE NO. 13305, ADOPTED
SEPTEMBER 8, 2011, AUTHORIZED THE EXECUTIVE DIRECTOR AND SECRETARY-TREASURER ON BEHALF OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT TO ENTER INTO A CONTRACT WITH SHOOK, HARDY & BACON, L.L.P. WHEREBY SHOOK,
HARDY & BACON, L.L.P. WOULD PROVIDE LEGAL CONSULTING SERVICES IN THE AREA
OF ENVIRONMENTAL LAW.
Resolution No. 3109 was presented and read.
ADOPTION OF RESOLUTION NO. 3110 TRANSFERRING UNENCUMBERED FUND
BALANCES TOTALING $12,511,909.00 FROM THE WASTEWATER REVENUE FUND TO
THE GENERAL FUND. Resolution No. 3110 was presented and read.
ADOPTION OF RESOLUTION NO. 3107 EXPRESSING THE BOARD OF TRUSTEES’ APPRECIATION TO WESLEY R. WILLIAMS FOR HIS 32 YEARS OF EXEMPLARY SERVICE
TO THE METROPOLITAN ST. LOUIS SEWER DISTRICT FROM JULY 31, 1981, TO HIS
RETIREMENT EFFECTIVE SEPTEMBER 1, 2013.
Resolution No. 3107 was presented and read.
Motion made by Ms. Patton, seconded by Mr. Yates that Resolution Nos. 3107,
3108, 3109 and 3110 be adopted.
Motion passed – voice vote, all ayes
- - - -
Upon motion made Mr. Berry, seconded by Mr. Yates, and unanimously passed,
the meeting adjourned at 6:05 p.m.
Secretary-Treasurer