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HomeMy Public PortalAbout1575th Board Journal 3-10-20164/5/16 Pg. 1 JOURNAL OF THE (1575th) MEETING OF THE BOARD OF TRUSTEES THE METROPOLITAN ST. LOUIS SEWER DISTRICT March 10, 2016 at 5:30 p.m. The Trustees of the District met in Room 109 at 2350 Market on the above date. Present at the meeting were: Board of Trustees Staff Members M.E. Yates, Chair B.L. Hoelscher, Executive Director J.P. Faul, Vice Chair T.R. Snoke, Secretary-Treasurer A.K. Mandel (left 5:37pm) S.M. Myers, General Counsel R.L. Bonner M. M. Gee, Director of Finance Rev. R.L. Bobo R.L. Unverferth, Director of Engineering J. Singer Also present were: Trustee Yates asked for roll call of all Trustees. Motion was made by Trustee Mandel and seconded by Trustee Yates for the Board to go into closed session to discuss negotiations with employee groups under §610.021(9) and to discuss legal, confidential or privileged matters under § 610.021(1), RSMO1988 SUPP. ~ ~ ~ ~ ~ Upon motion made by Trustee Yates, the 1575th meeting was called to order. Trustee Yates asked for the approval of the Journal of preceding minutes. Motion was made by Trustee Bonner and seconded by Trustee Bobo to approve the February 11, 2016 Journal. The Journal was approved by unanimous vote. ~ ~ ~ ~ ~ Comments by the Chair: The Board Chair, Trustee Yates, announced the new Board Chairs for the Stakeholder, Finance, Audit, Program Management and Pension Committees. Tamara Clinton MSD Ed Laux RJN Group Mary Bonacorsi TC Terry Briggs SITE Pam Meanes TC Tom Sullivan Barbara Mohn MSD Lawrence Nwachukwu Basilico Engineering Todd Loretto MSD Jeff King RJN Shonnah Parades MSD Jim Coll Jacobs Vickie Edwards MSD Paula Hart Hart Engineering Lance LeComb MSD Bob Januska Horner and Shifrin Crystal Howard MSD Melissa Carver Gresham Smith Ronny Griffin Laborers Local Mike Grace MSD Rebecca Losli Burns and McDonnell Brian Stone MSD Mike Grady UA562 Marie Collins MSD Fred Searcy Jr UA562 Theresa Belleville MSD Christy Willson CDI A. Simms LSC 4/5/16 Pg. 2 Thank you. ~ ~ ~ ~ ~ Trustee Bobo reported that the Audit Committee met at 7:30 AM on Tuesday, March 1, 2016. In attendance were Trustees Yates, Bobo, Bonner, Faul, Mandel, and Singer. The Committee approved the minutes from the February 2 meeting. The Chairman had no comments. At the previous month’s meeting, Staff made a presentation regarding the District management audit to be performed in 2016. As required by Charter section 7.060, such an audit is required to be performed every five years by a nationally recognized firm to be engaged by the Board. The last such engagement was performed in 2011. By Charter, firms are not allowed to perform consecutive management audits. As a follow-up to the discussions at the previous meeting, Staff presented a recommended scope for the 2016 management audit, explaining that the scope will consist of an Entity-Level audit based on the components and guidance contained in the Internal Control – Integrated Framework issued by COSO, originally, in 1992 and most recently updated in 2013. The scope of the engagement will focus on the following Framework components: • Control Environment 4/5/16 Pg. 3 • Risk Assessment • Information & Communication • Monitoring Discussions were held regarding the overall scope and the process to select a firm. Questions were addressed by Staff as they were received from the Committee. Requests for proposals will be sent out and processed for presentation to the Board in the coming months. The meeting adjourned at approximately 7:45 am. The next meeting is tentatively scheduled for Tuesday, April 5, 2016. This concludes the Audit Committee Report. ~ ~ ~ ~ ~ Trustee Singer reported that The Program Management Committee met on March 1, 2016 at 8:00 a.m. The meeting was attended by trustees Faul, Bonner, Mandel, Yates, Bobo, and Singer. The minutes of the February 2, 2016 meeting were approved. The agenda items to be introduced tonight were presented and discussed, including a detailed discussion regarding the following items: Ord. No. 14342 – Coldwater Sanitary Relief Wet Weather Storage Tank – Staff provided details of the project and indicated that the low bid from Plocher Construction had failed to meet the 30% MBE requirements for the project but had submitted the acceptable Good Faith Effort documentation to be deemed responsive to the bid requirements. Responding to questions from the Committee, Shonnah Paredes, Manager of Diversity, provided specific details of the Good Faith Efforts and follow-up verification performed by her staff. Ord. No. 14343 – Dixie I/I Reduction – Staff discussed the purpose of the project and answered questions from the Committee on the project budget. There was a discussion regarding the different MBE vendor requirements for a typical sewer construction project versus the tank building project earlier on the agenda (17% vs. 30%). Staff explained results of the Disparity Study findings and subsequent goals set for different work types. Ord. No. 14346 and No. 14347 – Staff provided handouts and information on two projects seeking approval from the Board to proceed with condemnation efforts to acquire permanent easements and temporary construction easements needed to construct future improvements. The construction of the Dammert and Broadway Sanitary Relief and Quiet Village Sanitary Relief will allow for the future removal of three Sanitary Sewer Overflows as required by the Consent Decree. Staff answered questions from the Committee on the specific rights being acquired, budgeting for easement acquisition, and the legal process for missing or unaccounted property owners. Ord. No. 14348 and No. 14349 – Staff provided information on the renewal of two contracts providing Close Circuit Television and Physical Inspection of Sewers. Staff explained the current services provided and future plans for these services. There was a discussion on the MBE Vendor requirements for these projects. 4/5/16 Pg. 4 Ord. No. 14350 – Bond Place Sanitary Sewers – Staff provided a brief history of the creation of the Bond Place Subdistrict established to provide sanitary sewer services to 12 homes previously served by failing septic systems. Staff explained the formal process required by the MSD Charter that allows the District to perform the work necessary to provide sewer service, and allow for the customers to repay the District through a special benefit tax bill over a number of years. Staff gave a presentation to the Committee on creek erosion issues being experienced by residents of Cedarhurst Drive in unincorporated North County. The residents attended the February Board meeting to discuss their concerns and the need for immediate action. The Committee was provided with a packet providing photographs and details of the issue. Staff explained the project currently identified as a solution, the estimated cost, the priority ranking versus other projects in the area and funding constraints for this work. Staff entertained questions regarding MSD’s responsibilities for unimproved creeks, causes of erosion, and potential solutions. There was a lengthy discussion on the District’s strategy to address the significant capital improvement and revenue needs to address District-wide flooding and erosion. District staff has been in contact with an owner’s representative for the residents and will be offering a similar presentation explaining our findings and funding limitations. The meeting was adjourned at 9:20 a.m. The next Committee meeting is tentatively scheduled for Tuesday, April 5, 2016 at 8:00 a.m. ~ ~ ~ ~ ~ Trustee Bonner reported that The Finance Committee met on March 1, 2016 with Trustees Faul, Yates, Mandel, Bonner, Singer and Bobo in attendance. The minutes from the February 2, 2016 meeting were approved. The first item on the agenda discussed was the FY17 budgeting process and proposed timeline. Staff indicated the District's preliminary FY17 balanced operating budget will be delivered to the Board by March 10th in accordance with the Charter. A special Finance Committee meeting will be scheduled to review the FY17 Operating and CIRP budgets. Staff then requested to enter into a one-year contract with three optional years with three firms: Gusdorf Law Firm LLC, Law Office of John G. Heimos P.C., and Kramer & Frank P.C. They will provide the District’s Accounts Receivable Division with support of collection litigation services on delinquent user charge revenue. These will be proposed Ordinance numbers 14352-14354 on tonight’s agenda. The next item discussed was to authorize staff to enter into an agreement with Industrial Appraisal Company for appraisal services of fifteen major facility assets of the District. Property insurance carriers recommend appraisals every five years. The District will have these locations appraised for replacement cost new which include all plants, Market Street and large pump stations. This represents 87.3% of total insured value for the District and will be Ordinance number 14351 on tonight’s agenda. The meeting adjourned at 9:45 a.m. The next tentatively scheduled meeting is Tuesday, April 5, 2016. This concludes the Finance Committee Report. The Board received hard copies of the FY17 preliminary Budget at tonight’s meeting and mailed hard copies of the FY17 Budget Supplement Documents. ~ ~ ~ ~ ~ Trustee Faul reported that The Stakeholder Relations Committee met at District Headquarters 4/5/16 Pg. 5 on Tuesday, March 1, 2016 at approximately 9:50 a.m. In addition to public attendance, those present at the meeting included Trustees Yates, Singer, Bobo, Bonner, Mandel and Faul, as well as District Directors and staff. The first discussion item was a Resolution request by Susan Myers for a Real Property Acquisition Services contract renewal. The Resolution will extend the agreement with O. R. Colan Associates, Inc., whom provides real property acquisition, relocation and conveyance services. The original agreement provided for a period of one (1) year with two (2) possible one-year renewal options. This is the first renewal and is Resolution No. 3266 on the March 2016 Board Agenda. The next item was an Ordinance request by Susan Myers for a Lease with St. Louis Bike Park. This Ordinance will authorize the District to enter into a lease with St. Louis Bike Park, Inc. to continue to operate the property as a recreational bike park as part of Grant’s Trail. St. Louis Bike Park is the successor to the prior tenant Trailnet. This is Ordinance No. 14355 on the March 2016 Board Agenda. The next item was a presentation by Jonathon Sprague providing a status update regarding the rain and flooding events of December 2015 and January 2016 and the resulting flood and recovery efforts. Jonathon began by illustrating the sewer collection system impacts and the impact on the treatment plants affected. He then reviewed the damages sustained and the status of the clean-up efforts of each plant and when full restoration and redundancy is expected. Jonathon also provided updates regarding the current recovery costs to date, estimated future costs and what funds have already been appropriated by the Board. Rich Unverferth provided updates pertaining to the initial and supplemental funding of the emergency contracts through May 2016. MWBE and Workforce data that has been made available to-date was also provided. Jonathon summarized the emergency contracts and operations expenses to-date, District liability, anticipated insurance recovery and potential FEMA public assistance. There is no new Board action required at this time. A motion was made by Trustee Mandel at approximately 10:08 a.m. to go into Closed Session. A motion was made by Trustee Faul and seconded by Trustee Singer at approximately 11:45 a.m. to adjourn. The next meeting is tentatively scheduled for Tuesday, April 5, 2016. ~ ~ ~ ~ ~ The Executive Director thanked the chair and presented two items to the Board. I have two items for this evening. First, All Board members will receive a copy of the preliminary Fiscal Year 2017 budget by March 15, 2016, as required by the District’s Charter. The documents consist of a preliminary budget and a budget supplement outlining the proposed capital program, both of which will be posted on MSD’s website by March 16, 2016. This year the submitted budget assumes a “Yes” vote regarding the proposed $900 million in additional bonding capacity for the wastewater program and a 10 cent District-wide property tax for the stormwater program that appear on the April 5th ballot. The Ordinances presented in the budget book reflect both “Yes” and “No” vote scenarios. A special Finance Committee meeting, to present the preliminary budget, will be scheduled no 4/5/16 Pg. 6 earlier than April 12, 2016. This will allow the budget presentation to consider the results of the April 5th election. The Board of Trustees may contact staff regarding the preliminary budget before, during or after the budget presentation. The time to discuss the budget will also be available at the Finance Committee meeting prior to the May 12, 2016 Board of Trustees meeting. Staff plans on requesting that the Board of Trustees consider introduction of the preliminary Fiscal Year 2017 budget at its May 12, 2016 Board of Trustees meeting. At this Board of Trustees meeting, the Trustees will also need to appoint a Finding of Fact Committee for the proposed taxes. Staff will also schedule a public meeting on the preliminary budget that evening, after the Board meeting. Second, this past October, the Board of Trustees formally accepted the Rate Commission’s recommendation on staff’s 2015 rate proposal. Part of the staff’s proposal and the Rate Commission’s recommendation was placing two ballot initiatives before voters – one dealing with wastewater, the other dealing with stormwater. Per Board action, in December 2015, the staff placed Proposition Y and Proposition S on the April 5, 2015, ballot. Proposition Y deals with financing the next four years of wastewater system improvements; this is required by the District’s $4.7 billion, 23-year agreement with the Environmental Protection Agency and the Missouri Coalition for the Environment. If Proposition Y is approved, MSD will issue $900 million in bonds, which will keep wastewater rate increases lower over the next four years. If Proposition Y is not approved, wastewater rates will increase over the next four years. Proposition S deals with the equalization of stormwater funding and services. Currently, MSD’s stormwater services are paid for through a variety of property taxes and a $0.24 or $0.18 flat fee on each month's MSD bill. The amount of property taxes paid by an individual customer – and the stormwater service received - is a function of where a customer lives. This funding system results in large swaths of MSD’s service area going without meaningful stormwater service. While this proposal is much more complex than Proposition Y, the bottom-line summary is that approval of Proposition S would establish the same taxing structure for all MSD customers. In return, all customers would receive the same level of stormwater service. Financially, some customers will see a cut in what they pay annually to MSD for stormwater service; some customers will essentially pay the same to MSD; and other customers will pay more to MSD. Additionally, if Proposition S is approved, MSD would have “fund balances” left over from the former taxing and fee system. These fund balances would allow for a finite and limited four year stormwater capital program of ~$67 million starting in MSD’s fiscal year 2017 and ending in fiscal year 2020. For more information on Proposition Y and Proposition S, please visit the District’s website at www.stlmsd.com. Thank you, Mr. Chair. I have no further comments. ~ ~ ~ ~ ~ Comments from the Public: 4/5/16 Pg. 7 • Mr. Sullivan expressed his concern with contracts awarded to Parson’s Water and Infrastructure Inc. He expressed is concerns in regard to the work they performed in Iraq and incompletion of many projects and wasted tax dollars. In addition, Mr. Sullivan expressed additional concern with the contracts awarded to Ace Pipe Cleaning and ADS Environmental Services LLC for sewer cleaning and inspection of manholes. Mr. Sullivan stated that MSD indicated that they would perform these inspections and cleanings in-house instead of hiring outside vendors. Mr. Sullivan also shared an article from 2006 that expressed concern for monies spent on consultants. Mr. Sullivan also inquired about the additional staff within the Public Information department and asked the Board about the absence of Lance LeComb during the floods. The Executive Director responded to the Board notifying them that Mr. LeComb was on his honeymoon at the time the floods occurred. ~ ~ ~ ~ ~ Trustee Yates moved to review the Consent Agenda. Before reading the Consent Agenda, the Secretary Treasurer stated that Staff would like to pull item 13 (Proposed Ord. No. 14331) from the Consent Agenda. There were no objections. 4/5/16 Pg. 8 CONSENT AGENDA: ORDINANCES Adoption of Proposed Ord. No. 14329 - Ridgemoor Drive I/I Reduction & Storm Improvements (SKME-574) (10390) Construction APPROPRIATING SEVEN HUNDRED THOUSAND DOLLARS ($700,000.00) FROM THE SANITARY REPLACEMENT FUND AND ONE MILLION ONE HUNDRED THOUSAND DOLLARS ($1,100,000.00) FROM THE OPERATION, MAINTENANCE, CONSTRUCTION, AND IMPROVEMENT FUND OF BLACK CREEK SUBD #455 TO BE USED FOR STORM SEWER CONSTRUCTION, STORM WATER DETENTION, AND PRIVATE I/I REMOVAL IN RIDGEMOOR DRIVE I/I REDUCTION & STORM IMPROVEMENTS (SKME-574) (10390) IN THE CITY OF CLAYTON, MISSOURI; AND AUTHORIZING THE EXECUTIVE DIRECTOR AND SECRETARY-TREASURER ON BEHALF OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT TO ENTER INTO CONTRACT NO. 20388 WITH KOLB GRADING, LLC FOR THE AFORESAID STORM SEWER CONSTRUCTION, STORM WATER DETENTION, AND PRIVATE I/I REMOVAL. Adoption of Proposed Ord. No. 14330 - Bissell – Coldwater – Missouri – Meramec Public I/I Reduction (2016) Contract D (12434) APPROPRIATING THREE MILLION TWO HUNDRED THOUSAND DOLLARS ($3,200,000.00) FROM THE SANITARY REPLACEMENT FUND TO BE USED FOR SANITARY SEWER REHABILITATION IN BISSELL - COLDWATER - MISSOURI - MERAMEC PUBLIC I/I REDUCTION (2016) CONTRACT D (12434) IN THE CITIES OF BELLEFONTAINE NEIGHBORS, MOLINE ACRES, 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. 20369 WITH INSITUFORM TECHNOLOGIES USA, LLC FOR THE AFORESAID SANITARY SEWER REHABILITATION. Adoption of Proposed Ord. No. 14332 - Paddock Creek I/I Reduction (Private) (11696) APPROPRIATING SEVEN HUNDRED THOUSAND DOLLARS ($700,000.00) FROM THE SANITARY REPLACEMENT FUND TO BE USED FOR PRIVATE I/I REMOVAL IN PADDOCK CREEK I/I REDUCTION (PRIVATE) (11696) IN THE CITY OF FLORISSANT 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. 20384 WITH WEHMEYER FARMS, INC. FOR THE AFORESAID PRIVATE I/I REMOVAL. Adoption of Proposed Ord. No. 14333 - Sherwyn Sanitary Relief (SKME-651) and I/I Reduction (10754) APPROPRIATING ONE MILLION SIX HUNDRED FIFTY THOUSAND DOLLARS ($1,650,000.00) FROM THE SANITARY REPLACEMENT FUND TO BE USED FOR SANITARY SEWER CONSTRUCTION AND PRIVATE I/I REMOVAL IN SHERWYN SANITARY RELIEF (SKME-651) AND I/I REDUCTION (10754) IN THE CITIES OF CREVE COEUR AND FRONTENAC, MISSOURI; AND AUTHORIZING THE EXECUTIVE DIRECTOR AND SECRETARY-TREASURER ON BEHALF OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT TO ENTER INTO CONTRACT NO. 20391 WITH FRED M. LUTH & SONS, INC. FOR THE AFORESAID SANITARY SEWER CONSTRUCTION AND PRIVATE I/I REMOVAL. 4/5/16 Pg. 9 CONSENT AGENDA: ORDINANCES Adoption of Proposed Ord. No. 14334 - Upper Maline Trunk Sanitary Relief Phase IV Section A (10026) MAKING AN APPROPRIATION OF SEVEN MILLION FIVE HUNDRED THOUSAND DOLLARS ($7,500,000.00) FROM THE SANITARY REPLACEMENT FUND TO BE USED FOR SANITARY SEWER CONSTRUCTION IN UPPER MALINE TRUNK SANITARY RELIEF PHASE IV SECTION A (10026) IN THE 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 CONTRACT NO. 20349 WITH SAK CONSTRUCTION, LLC FOR SANITARY SEWER CONSTRUCTION. Adoption of Proposed Ord. No. 14335 - Herbert Ave. 4200 – 4400 Block Streambank Stabilization (11020) APPROPRIATING TWO HUNDRED TEN THOUSAND DOLLARS ($210,000.00) FROM THE OPERATION, MAINTENANCE, CONSTRUCTION, AND IMPROVEMENT FUND OF COLDWATER CREEK TO BE USED FOR CHANNEL STABILIZATION IN HERBERT AVE. 4200-4400 BLOCK STREAMBANK STABILIZATION (11020) IN THE CITY OF WOODSON TERRACE, MISSOURI; AND AUTHORIZING THE EXECUTIVE DIRECTOR AND SECRETARY-TREASURER ON BEHALF OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT TO ENTER INTO CONTRACT NO. 20379 WITH IDEAL LANDSCAPE CONSTRUCTION, INC. FOR THE AFORESAID CHANNEL STABILIZATION. Adoption of Proposed Ord. No. 14336 - Upper Coldwater Section D I/I Reduction (11681) 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 UPPER COLDWATER SECTION D I/I REDUCTION – 11681 IN THE CITIES OF EDMUNDSON, WOODSON TERRACE AND BERKELEY, MISSOURI 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 &/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. Adoption of Proposed Ord. No. 14337 - Ridgemoor Drive I/I Reduction & Storm Improvements (SKME-574) (10390) Design MAKING A SUPPLEMENTAL APPROPRIATION OF FORTY THOUSAND DOLLARS ($40,000.00) FROM THE SANITARY REPLACEMENT FUND TO BE USED FOR DESIGN OF STORM SEWERS, STORM WATER DETENTION, AND PRIVATE I/I REMOVAL IN RIDGEMOOR DRIVE I/I REDUCTION & STORM IMPROVEMENTS (SKME-574) (10390) IN THE CITY OF CLAYTON, MISSOURI; AND AUTHORIZING THE EXECUTIVE DIRECTOR AND SECRETARY-TREASURER ON BEHALF OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT TO ENTER INTO AMENDMENT NO. 6 TO CONTRACT NO. 10535 WITH LOCHMUELLER GROUP, INC., FOR THE AFORESAID DESIGN OF STORM SEWERS, STORM WATER DETENTION, AND PRIVATE I/I REMOVAL. 4/5/16 Pg. 10 CONSENT AGENDA: ORDINANCES ~ ~ ~ ~ ~ Adoption of Proposed Ord. No. 14338 - DC-02 & DC-03 Sanitary Relief (Brentwood Blvd to Conway Rd) Phase I (10021) MAKING A SUPPLEMENTAL APPROPRIATION OF TWO HUNDRED FIFTY THOUSAND DOLLARS ($250,000.00) FROM THE SANITARY REPLACEMENT FUND TO BE USED FOR ENGINEERING SERVICES IN DC-02 & DC-03 SANITARY RELIEF (BRENTWOOD BLVD TO CONWAY RD) PHASE I (10021) IN THE CITIES OF BRENTWOOD, LADUE, ROCK HILL, AND WEBSTER GROVES, MISSOURI; AND AUTHORIZING THE EXECUTIVE DIRECTOR AND SECRETARY-TREASURER ON BEHALF OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT TO AMEND CONTRACT NO. 10733 WITH PARSONS WATER & INFRASTRUCTURE, INC. FOR THE AFORESAID ENGINEERING SERVICES. Adoption of Proposed Ord. No. 14339 - December 2015 Rain and Flood Event Emergency Response and Recovery (12732) (Supplemental Appropriation) MAKING A SUPPLEMENTAL APPROPRIATION OF TWO MILLION FIVE HUNDRED THOUSAND DOLLARS ($2,500,000.00) FROM THE GENERAL FUND TO BE USED FOR EMERGENCY CONSTRUCTION, REPAIR, REPLACEMENT, REHABILITATION, DESIGN AND CONSTRUCTION MANAGEMENT COSTS ASSOCIATED WITH THE DECEMBER 2015 RAIN AND FLOOD EVENT EMERGENCY RESPONSE AND RECOVERY (12732) AT THE FENTON WASTEWATER TREATMENT PLANT, THE GRAND GLAIZE WASTEWATER TREATMENT PLANT, THE GRAND GLAIZE MAINTENANCE FACILITY, THE MISSOURI RIVER WASTEWATER TREATMENT PLANT, AND VARIOUS FACILITIES, PUMP STATIONS AND COLLECTION SYSTEM PIPING THROUGHOUT THE METROPOLITAN SEWER DISTRICT SERVICE AREA. Adoption of Proposed Ord. No. 14340 - December 2015 Rain and Flood Event Emergency Response and Recovery General Insurance Fund Appropriation MAKING A SUPPLEMENTAL APPROPRIATION OF ONE MILLION ONE HUNDRED THOUSAND DOLLARS ($1,100,000.00) TO THE GENERAL INSURANCE FUND FROM THE GENERAL FUND TO COVER OPERATING EXPENSES INCURRED DUE TO THE DECEMBER 2015 RAIN AND FLOOD EVENT EMERGENCY RESPONSE AND RECOVERY AT THE FENTON WASTEWATER TREATMENT PLANT, THE GRAND GLAIZE WASTEWATER TREATMENT PLANT, THE GRAND GLAIZE MAINTENANCE FACILITY, THE MISSOURI RIVER WASTEWATER TREATMENT PLANT, AND VARIOUS FACILITIES, PUMP STATIONS AND COLLECTION SYSTEM PIPING THROUGHOUT THE METROPOLITAN SEWER DISTRICT SERVICE AREA; AND TRANSFER FUND BALANCES TOTALING ONE MILLION ONE HUNDRED THOUSAND DOLLARS ($1,100,000.00) FROM THE GENERAL FUND (1101) TO THEGENERAL INSURANCE FUND (4105) Motion was made by Trustee Yates, seconded by Trustee Bonner, that The consent agenda ordinance nos. 14329, 14330 and 14332-14340 be Adopted. Motion passed - 5 ayes – 0-nays Poll taken: M. Yates – aye; J. Faul – aye; R. Bobo – aye; R. Bonner – aye; J. Singer - aye 4/5/16 Pg. 11 UNFINISHED BUSINESS ORDINANCES None RESOLUTIONS None 4/5/16 Pg. 12 NEW BUSINESS: ORDINANCES INTRODUCTION OF AN ORDINANCE NO 14342, Appropriating Nineteen Million Dollars ($19,000,000.00) from the Sanitary Replacement Fund to be used for sanitary storage tank construction in Coldwater Sanitary Relief Section B, C, & D Wet Weather Storage Facility Tank C Phase II (11726) in the City of Hazelwood, Missouri; and authorizing the Executive Director and Secretary-Treasurer on behalf of The Metropolitan St. Louis Sewer District to enter into Contract No. 20381 with Plocher Construction Company, Inc. for the aforesaid sanitary storage tank construction. Proposed Ord. No. 14342 was presented and read. The work to be done under Contract #20381 consists of the construction of a 180-foot diameter storage tank having an 8 million gallon capacity, an upstream and downstream trunk sewer chamber, a diversion structure, an influent pump station, a utility water pump station, and a control building with odor control. This construction is the second phase of a multi-phase improvement program. This project provides for the elimination of eight (8) constructed SSOs (BP-091, BP-115, BP-119, BP-141, BP-144, BP-473, BP-526 and BP-527) after the future Coldwater Sanitary Relief Section B, C & D – Section B Rehabilitation (11724) project is constructed and post construction monitoring. This project is scheduled to be completed in 500 days. Motion was made by Trustee Yates, seconded by Trustee Bonner, that the Ordinance No. 14342 be introduced. Motion passed - 5 ayes – 0-nays Poll taken: M. Yates – aye; J. Faul – aye; R. Bobo – aye; R. Bonner – aye; J. Singer - aye INTRODUCTION OF AN ORDINANCE NO 14343, Appropriating Two Million Three Hundred Thousand Dollars ($2,300,000.00) from the Sanitary Replacement Fund to be used for private I/I removal in Dixie I/I Reduction (11738) in the Cities of St. Ann, Breckenridge Hills, Overland, St. John, Woodson Terrace, 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. 20394 with Bi- State Utilities Company for the aforesaid private I/I removal. Proposed Ord. No. 14343 was presented and read. The work to be done under Contract #20394 consists of the construction of approximately 2,784 lineal feet of storm sewers varying in size from 12-inches to 21-inches in diameter and appurtenances, and the removal of inflow sources from 184 private properties. This construction is the first phase of a multi-phase improvement program. The purpose of this project is to reduce inflow/infiltration (I/I) in the Coldwater Creek watershed, reduce building backups, and relieve overcharged sanitary sewers. This project is scheduled to be completed in 400 days. Motion was made by Trustee Bonner, seconded by Trustee Bobo, that the Ordinance No. 14343 be introduced. Motion passed - 5 ayes – 0-nays Poll taken: M. Yates – aye; J. Faul – aye; R. Bobo – aye; R. Bonner – aye; J. Singer - aye 4/5/16 Pg. 13 NEW BUSINESS: ORDINANCES INTRODUCTION OF AN ORDINANCE NO 14344, Appropriating Eight Hundred Thirty-Five Thousand Dollars ($835,000.00) from the Sanitary Replacement Fund to be used for sanitary sewer construction and private I/I removal in Florissant I/I Reduction (11748) in the Cities of Florissant, Ferguson, Hazelwood, and the Village of Calverton Park, Missouri; and authorizing the Executive Director and Secretary-Treasurer on behalf of The Metropolitan St. Louis Sewer District to enter into Contract No. 20376 with Pavement Solutions, LLC for the aforesaid sanitary sewer construction and private I/I removal. Proposed Ord. No. 14344 was presented and read. The work to be done under Contract #20376 consists of the construction of approximately 775 lineal feet of pipe sewers varying in size from 8-inches to 15-inches in diameter, and the removal of inflow sources from 112 private properties. The purpose of this project is to reduce inflow/infiltration (I/I) in the Coldwater Creek watershed, reduce building backups, and relieve overcharged sanitary sewers. This project is scheduled to be completed in 365 days. Motion was made by Trustee Yates, seconded by Trustee Bonner, that the Ordinance No. 14344 be introduced. Motion passed - 5 ayes – 0-nays Poll taken: M. Yates – aye; J. Faul – aye; R. Bobo – aye; R. Bonner – aye; J. Singer - aye INTRODUCTION OF AN ORDINANCE NO 14345, Appropriating One Million Six Hundred Thousand Dollars ($1,600,000.00) from the Operation, Maintenance, Construction, and Improvement Fund of Missouri River Bonfils Subd. #448 to be used for sanitary sewer rehabilitation in Missouri River Bonfils Sanitary Sewer Rehabilitation Phase II (12310) in the Cities of Bridgeton, Hazelwood, and St. Louis, Missouri; and authorizing the Executive Director and Secretary-Treasurer on behalf of The Metropolitan St. Louis Sewer District to enter into Contract No. 20389 with Insituform Technologies USA, LLC for the aforesaid sanitary sewer rehabilitation. Proposed Ord. No.14345 was presented and read. The work to be done under Contract #20389 consists of the rehabilitation of approximately 21,791 lineal feet of pipe sewers varying in size from 10-inches to 18-inches in diameter, using cured-in-place pipe (CIPP) methods, the rehabilitation of approximately 174 manholes, and the repair of approximately 16 service connections. This construction is the second phase of a multi-phase improvement program. The purpose of this project is to reduce public inflow/infiltration (I/I) in the project area to alleviate wet weather sanitary sewer surcharging and building backups, and to reduce excess flow to existing pump. This project is scheduled to be completed in 365 days. Motion was made by Trustee Bobo, seconded by Trustee Yates, that the Ordinance No. 14345 be introduced. Motion passed - 5 ayes – 0-nays Poll taken: M. Yates – aye; J. Faul – aye; R. Bobo – aye; R. Bonner – aye; J. Singer - aye INTRODUCTION OF AN ORDINANCE NO 14346, 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 Dammert and Broadway Sanitary Relief (SKME-551) (11155) in Unincorporated St. Louis County, Missouri 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. 14346 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 thirteen (13) parcels of ground located in unincorporated St. Louis County, Missouri. These easements are needed to construct this project, which consists of the construction of approximately 9,692 feet of 8-inch to 24-inch sanitary sewers, 120 feet of 12-inch storm sewers, and performing private I/I reduction on approximately 161 properties. This project will provide for the elimination of two (2) constructed SSOs (BP-515 & BP-624), pump station P-327, and alleviate wet weather building backups and overcharged sanitary sewers. These easements have been appraised. Currently, the District continues to negotiate but has been unable to reach a settlement with the owners. 4/5/16 Pg. 14 NEW BUSINESS: ORDINANCES Motion was made by Trustee Singer, seconded by Trustee Bonner, that the Ordinance No. 14346 be introduced. Motion passed - 5 ayes – 0-nays Poll taken: M. Yates – aye; J. Faul – aye; R. Bobo – aye; R. Bonner – aye; J. Singer - aye INTRODUCTION OF AN ORDINANCE NO 14347, 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 FF-04 Quiet Village Sanitary Relief (Thames Court to Fiesta Circle) (11747) in Unincorporated St. Louis County, Missouri 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. 14347 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 five (5) parcels of ground located in unincorporated St. Louis County, Missouri in the Fee Fee Creek watershed of the Missouri River service area. These easements are needed to construct this project, which consists of the construction of approximately 2,370 feet of 8-inch to 15-inch diameter sanitary sewers. This project will provide for the elimination of one (1) constructed SSO (BP-086), and alleviate wet weather building backups and overcharged sanitary sewers. These easements have been appraised. Currently, the District continues to negotiate but has been unable to reach a settlement with the owners. Motion was made by Trustee Yates, seconded by Trustee Bobo, that the Ordinance No. 14347 be introduced. Motion passed - 5 ayes – 0-nays Poll taken: M. Yates – aye; J. Faul – aye; R. Bobo – aye; R. Bonner – aye; J. Singer - aye INTRODUCTION OF AN ORDINANCE NO 14348, Making a supplemental appropriation of Two Million Dollars ($2,000,000.00) from the General Fund to be used for CCTV inspection and physical inspection of sewers, sonar inspections, laser profiling, sewer cleaning, and locating of manholes in CCTV Inspection and Physical Inspection of Sewers (2014) (11811) in the Metropolitan Sewer District Service Area; and authorizing the Executive Director and Secretary-Treasurer on behalf of The Metropolitan St. Louis Sewer District to enter into Amendment No. 4 to Contract No. 20160 for the second and final option year with Ace Pipe Cleaning, Inc. for the aforesaid services. Proposed Ord. No. 14348 was presented and read. This ordinance authorizes the District to enter into Amendment No. 4 to Contract #20160 for the second and final option year with Ace Pipe Cleaning, Inc. The purpose of this contract is to provide District staff with information regarding sewer condition by the use of Closed Circuit Television (CCTV) inspection, physical inspection, sonar inspection, and laser profiling primarily on large diameter (greater than 21-inch diameter) sewers. These inspections will determine sewer conditions and system defects and will form the basis for preventive maintenance activities, inflow/infiltration investigations, and sewer system models. This contract for CCTV Inspection and Physical Inspection of Sewers is for $2,000,000. Motion was made by Trustee Bobo, seconded by Trustee Yates, that the Ordinance No. 14348 be introduced. Motion passed - 5 ayes – 0-nays Poll taken: M. Yates – aye; J. Faul – aye; R. Bobo – aye; R. Bonner – aye; J. Singer - aye 4/5/16 Pg. 15 NEW BUSINESS: ORDINANCES INTRODUCTION OF AN ORDINANCE NO 14349, Making a supplemental appropriation of One Million Dollars ($1,000,000.00) from the General Fund to be used for CCTV inspection of sewers, sewer cleaning, and locating of manholes in CCTV Inspection of Sewers (2014) (11810) in the Metropolitan Sewer District Service Area; and authorizing the Executive Director and Secretary-Treasurer on behalf of The Metropolitan St. Louis Sewer District to enter into Amendment No. 4 to Contract No. 20126 for the second and final option year with ADS Environmental Services, LLC for the aforesaid services. Proposed Ord. No. 14349 was presented and read. This ordinance authorizes the District to enter into Amendment No. 4 to Contract #20126 for the second and final option year with ADS Environmental Services, LLC. The purpose of this contract is to provide District staff with information regarding sewer condition by the use of Closed Circuit Television (CCTV) inspection. These inspections will determine sewer conditions and system defects and will form the basis for preventive maintenance activities, inflow/infiltration investigations, and sewer system models. This contract for CCTV Inspection of Sewers is for $1,000,000. Approximately 70% of the CCTV investigations will provide support data for the Watershed CSO & SSO Control Planning efforts and the remaining 30% will support specific design projects and miscellaneous inspection requests. Motion was made by Trustee Singer, seconded by Trustee Bobo, that the Ordinance No. 14349 be introduced. Motion passed - 5 ayes – 0-nays Poll taken: M. Yates – aye; J. Faul – aye; R. Bobo – aye; R. Bonner – aye; J. Singer - aye INTRODUCTION OF AN ORDINANCE NO 14350, Authorizing the levying of Special Benefit Assessments against all of the land benefited by the construction of sewers within the boundaries of the sub-district located on Bond Place Sanitary Sewers (S.D. #2010094) (11067) in the City of Sunset Hills, Missouri. Proposed Ord. No. 14350 was presented and read. This Special Benefit Assessment Subdistrict project enables twelve (12) properties to abandon their individual septic tanks and to be connected to an MSD public sewer system. The project constructed new sewers and upgraded the existing private sewer system that is currently serving as an outfall for 10 of the 12 septic tanks in the project area to MSD public sewer standards. Motion was made by Trustee Yates, seconded by Trustee Bobo, that the Ordinance No. 14350 be introduced. Motion passed - 5 ayes – 0-nays Poll taken: M. Yates – aye; J. Faul – aye; R. Bobo – aye; R. Bonner – aye; J. Singer - aye INTRODUCTION OF ORDINANCE NO 14351, Appropriating Forty-Nine Thousand Seven Hundred Dollars ($49,700.00) from the General Insurance Fund to be used for appraisal services in order to appraise replacement cost values for fifteen (15) major facility assets of the District; and authorizing the Executive Director and Secretary-Treasurer on behalf of The Metropolitan St. Louis Sewer District to enter into an agreement with Industrial Appraisal Company for the aforesaid appraisal services. Proposed Ord. No. 14351 was presented and read. The District advertised the RFP for replacement cost new appraisals completed in accordance with insurance company requirements for replacement cost new and received nine proposals in total with five meeting the insurance company requirements. The low proposal was $49,700 and the high proposal was $149,500. The District will appraise fifteen (15) locations for replacement cost new which include all plants, Market Street and large pump stations. These fifteen locations represent 87.3% of total insured value for the District. Motion was made by Trustee Bonner, seconded by Trustee Singer, that the Ordinance No. 14351 be introduced. Motion passed - 5 ayes – 0-nays Poll taken: M. Yates – aye; J. Faul – aye; R. Bobo – aye; R. Bonner – aye; J. Singer - aye 4/5/16 Pg. 16 NEW BUSINESS: ORDINANCES INTRODUCTION OF AN ORDINANCE NO 14352, Authorizing the Executive Director and Secretary- Treasurer on behalf of The Metropolitan St. Louis Sewer District to enter into a contract with Gusdorf Law Firm, LLC, whereby Gusdorf Law Firm, LLC will provide collection litigation services for the District. Proposed Ord. No. 14352 was presented and read. This ordinance will authorize the District to enter into a one-year contract with three optional years with the Gusdorf Law Firm, LLC for collection litigation services. Gusdorf Law Firm, LLC will provide services on accounts in which owner assets have been identified and in which other means of collection (i.e., liens, 1st and 2nd placement collection agencies, etc.) have been unsuccessful. Firms are paid on a commission basis dependent on the amount of delinquent charges collected. Motion was made by Trustee Bonner, seconded by Trustee Yates, that the Ordinance No. 14352 be introduced. Motion passed - 5 ayes – 0-nays Poll taken: M. Yates – aye; J. Faul – aye; R. Bobo – aye; R. Bonner – aye; J. Singer - aye INTRODUCTION OF AN ORDINANCE NO 14353, Authorizing the Executive Director and Secretary- Treasurer on behalf of The Metropolitan St. Louis Sewer District to enter into a contract with the Law Office of John G. Heimos, PC, whereby the Law Office of John G. Heimos, PC will provide collection litigation services for the District. Proposed Ord. No. 14353 was presented and read. This ordinance will authorize the District to enter into a one-year contract with three optional years with the Law Office of John G. Heimos, PC for collection litigation services. The Law Office of John G. Heimos, PC will provide services on accounts in which owner assets have been identified and in which other means of collection (i.e., liens, 1st and 2nd placement collection agencies, etc.) have been unsuccessful. Firms are paid on a commission basis dependent on the amount of delinquent charges collected. Motion was made by Trustee Bonner, seconded by Trustee Bobo, that the Ordinance No. 14353 be introduced. Motion passed - 5 ayes – 0-nays Poll taken: M. Yates – aye; J. Faul – aye; R. Bobo – aye; R. Bonner – aye; J. Singer - aye INTRODUCTION OF AN ORDINANCE NO 14354, Authorizing the Executive Director and Secretary- Treasurer on behalf of The Metropolitan St. Louis Sewer District to enter into a contract with Kramer & Frank, PC, whereby Kramer & Frank, PC will provide collection litigation services for the District. Proposed Ord. No. 14354 was presented and read. This ordinance will authorize the District to enter into a one-year contract with three optional years with the Kramer & Frank, PC for collection litigation services. Kramer & Frank, PC will provide services on accounts in which owner assets have been identified and in which other means of collection (i.e., liens, 1st and 2nd placement collection agencies, etc.) have been unsuccessful. Firms are paid on a commission basis dependent on the amount of delinquent charges collected. Motion was made by Trustee Bobo, seconded by Trustee Yates, that the Ordinance No. 14353 be introduced. Motion passed - 5 ayes – 0-nays Poll taken: M. Yates – aye; J. Faul – aye; R. Bobo – aye; R. Bonner – aye; J. Singer - aye INTRODUCTION OF AN ORDINANCE NO 14355, Authorizing the Executive Director and Secretary- Treasurer to enter into a lease with St. Louis Bike Park, Inc., for it to continue to operate the property located at Union & Hoffmeister Roads, in St. Louis County, Missouri as a recreational bike park. Proposed Ord. No. 14355 was presented and read. This Ordinance authorizes the District to enter into a lease with St. Louis Bike Park, Inc., for it to continue to operate the property as a recreational bike park as part of Grant’s Trail. Prior tenant was Trailnet and lease w/Trailnet expired with no renewals allowed. Bike Park is successor to Trailnet and use of the property will remain the same. Liability insurance to be provided in accordance with District’s current standards. . District has right of termination at any time upon sixty (60) days prior notice. Motion was made by Trustee Singer, seconded by Trustee Bobo, that the Ordinance No. 14355 be introduced. Motion passed - 5 ayes – 0-nays Poll taken: M. Yates – aye; J. Faul – aye; R. Bobo – aye; R. Bonner – aye; J. Singer - aye 4/5/16 Pg. 17 RESOLUTIONS: ADOPTION OF RESOLUTION NO. 3264, expressing the Board of Trustees appreciation to Sheila A. Michael for her 22 years of exemplary service to The Metropolitan St. Louis Sewer District from May 3, 1993, to her retirement effective March 1, 2016. Motion was made by Trustee Yates, seconded by Trustee Bobo, that the Resolution No. 3264 be adopted. Motion passed - 5 ayes – 0-nays Poll taken: M. Yates – aye; J. Faul – aye; R. Bobo – aye; R. Bonner – aye; J. Singer - aye ADOPTION OF RESOLUTION NO. 3265, expressing the Board of Trustees appreciation to Robert L. Behrmann For his 28 years of exemplary service to The Metropolitan St. Louis Sewer District from October 19, 1987, to his retirement effective March 1, 2016. Motion was made by Trustee Yates, seconded by Trustee Bobo, that the Resolution No. 3265 be adopted. Motion passed - 5 ayes – 0-nays Poll taken: M. Yates – aye; J. Faul – aye; R. Bobo – aye; R. Bonner – aye; J. Singer - aye ADOPTION OF RESOLUTION NO. 3266, Ordinance No. 14062, adopted February 12, 2015 authorized the Executive Director and Secretary-Treasurer on behalf of The Metropolitan St. Louis Sewer District to enter into a General Services Agreement with O. R. Colan Associates, Inc. whereby O. R. Colan Associates, Inc. would provide professional acquisition and relocation services for certain parcels of real property which are negatively impacted by flooding, erosion, or related sewer or stormwater issues, as well as provide professional services for the conveyance of certain properties that have been or will be declared surplus by the Metropolitan St. Louis Sewer District. This proposed Resolution 3266 was presented and read. This Resolution authorizes the District to renew the agreement with O. R. Colan Associates, Inc. to acquire real properties as described above which are negatively impacted by flooding, erosion, or related sewer issues and to handle the conveyance of certain properties declared surplus by the District. Motion was made by Trustee Yates, seconded by Trustee Bobo, that the Resolution No. 3266 be adopted. Motion passed - 5 ayes – 0-nays Poll taken: M. Yates – aye; J. Faul – aye; R. Bobo – aye; R. Bonner – aye; J. Singer - aye Upon motion made by Trustee Bobo and seconded by Trustee Bonner, and unanimously passed, the meeting adjourned at 6:14 p.m. ~ ~ ~ ~ ~ Secretary-Treasurer